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CNN Live Today

Westerfield Trial Into Penalty Phase

Aired August 28, 2002 - 11:24   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

CAROL LIN, CNN ANCHOR: The penalty phase of the David Westerfield trial gets underway in the next hour in San Diego. He stands convicted of kidnapping and killing his 7-year-old neighbor, Danielle van Dam.
CNN national correspondent Frank Buckley is in San Diego with more on that case -- Frank.

FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT: Good morning, Carol.

David Westerfield faces a couple of possibilities here during this phase of the trial. Jurors must be unanimous. One possibility is that they will sentence him or recommend that he be sentenced to death. The second possibility is that he be sentenced to life in prison without the possibility of parole. He has already been convicted of his crimes.

As you know, when he was convicted, when the verdicts came in, he showed no emotion in the courtroom. However, the parents of Danielle van Dam did in fact show emotion, and that has become in a sense a side issue in this case because a still photographer who was in the courtroom at the time snapped a photograph of the parents and Judge William Mudd said that act violated court rules prohibiting shots of spectators. The photographer's newspaper said that it was the photographer's belief that they were witness and therefore could be photographed. Yesterday, in a hearing, however, Judge Mudd indicated he was not buying that argument.

(BEGIN VIDEO CLIP)

JUDGE WILLIAM MUDD, SUPERIOR COURT: No still photography. And I am making the order expansive: There will be no still photography on the third floor of this courthouse so that every paparazzi that is out there that is now going to try to get the shot, if they show up with a camera on this courtroom, I am going to have them detained and I'm going to have the camera confiscated. I cannot control what goes on beyond this, but I am going to control my own courtroom.

(END VIDEO CLIP)

BUCKLEY: Now, today, prosecutors will begin with their presentation in this phase, we are expecting to eventually see a video of Danielle chronicling her life. Her parents will also likely testify. Then Westerfield's attorney will calling friends and family to testify on his behalf; essentially, they will be asking the court and the jurors to spare his life -- Carol.

LIN: Frank, what is the criteria that this jury is going to use in order to determine life or death for this man?