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CNN Live Today

Jury Deliberations Resume in Westerfield Trial

Aired September 05, 2002 - 13:20   ET

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


KYRA PHILLIPS, CNN ANCHOR: Jury deliberations have resumed in San Diego in the penalty phase of David Westerfield's murder trial. The jury is deciding if Westerfield gets the death penalty or life in prison for killing his 7-year-old neighbor, Danielle van Dam.
CNN's Rusty Dornin is covering that in San Diego -- Rusty.

RUSTY DORNIN, CNN CORRESPONDENT: Well, Kyra, the jury began deliberating just about an hour ago in the penalty phase of this trial. It is the second day of deliberations. Over the past few days, the jury has been hearing from both witnesses from both sides of the case, and in closing arguments yesterday, the attorney summed up those arguments. The defense attorney, Steven Feldman, arguing that David Westerfield was an upstanding member of community until this happened. He was a loving father. He instilled family values in his children. His children testified that they love their father, they don't want to see anything bad happen to him. Also that he was a design engineer that even designed medical equipment that helped people recover from knee surgery, and that he does not deserve the ultimate punishment in this case, that he will already be in jail for the rest his life.

Now, on the prosecution's side, Jeff Dusek argued that he is an evil man, that this little girl was yanked out of her bed in the middle of the night, wearing her little Mickey Mouse earrings, that she was brutally murdered, that her family, that it is a devastating blow on her family, that they will have a difficult time recovering from, and that David Westerfield deserves to die for the killing of 7- year-old Danielle van Dam.

Now, when the jury does decide, it will be a recommendation. Under California law, the jury actually only recommends a sentence in this case. Now, the judge actually imposes the sentence, and actually could change it. If they -- if they issued a death sentence, the judge, William Mudd, actually could reduce that to life, in some cases. That rarely happens, but it is something that can happen under California law.

So the jury will continue their deliberations through today. If they do not reach a recommendation, they will reconvene tomorrow, but they are only meeting for a few hours in the morning tomorrow -- Kyra.

PHILLIPS: Rusty Dornin in San Diego. Thanks, Rusty. We'll continue to check in with you.

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