Return to Transcripts main page

CNN Live Today

Westerfield Jury May Begin Penalty Deliberations Today

Aired September 04, 2002 - 11:36   ET

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

ANDERSON COOPER, CNN ANCHOR: A jury could begin deliberations today, on whether David Westerfield should be sentenced to death or to life in prison. Westerfield was, of course, convicted of killing 7 year old Danielle van Dam.
CNN's Frank Buckley is live in San Diego with the latest on the penalty phase of the trial -- good morning.

FRANK BUCKLEY, CNN CORRESPONDENT: Good morning, Anderson. We are expecting to go hear the last of the defense witnesses today. Those witnesses expected to be the son and daughter of David Westerfield.

They will be following several defense witnesses who testified yesterday. They included family members, friends, and former coworkers of David Westerfield. They described the David Westerfield that they say they know. That is someone who was a good neighbor and a good friend, someone who liked to help organize birthday parties and weddings, who liked to go camping. To them, he was essentially a middle class, suburban design engineer whose medical products helped to make lives better.

Defense attorney Steven Feldman expected to argue that he is not the worst of the worst. He is also expected to argue the legal theory of lingering doubt. That is in telling jurors that if you have any doubt at all as to David Westerfield's guilt, that you should go for life in prison without the possibility of parole instead of the death penalty.

Prosecution expected to argue that he should, in fact, get death. Jeff Dusek, the chief prosecutor, argued during his opening statement that Westerfield should get the verdict that he -- as he put it, that he deserves.

So, we are expecting closing arguments from both sides some time today. First up though, a couple of witnesses closing out the defense side, the son and daughter of David Westerfield. Then, as you said, this could go to the jury some time later today -- Anderson.

COOPER: All right. Frank, thanks very much for that report.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com