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CNN Live Today

Westerfield Jury Resumes Deliberations

Aired September 09, 2002 - 11:33   ET

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


ANDERSON COOPER, CNN ANCHOR: The San Diego jury that convicted David Westerfield of kidnapping and killing young Danielle van Dam, today resumes deliberating his fate.
CNN's Frank Buckley is covering the penalty phase of the trial for us -- good afternoon, Frank.

FRANK BUCKLEY, CNN CORRESPONDENT: Good day, Anderson. Jurors set to begin their fourth day of deliberations here in San Diego in about a half an hour. Jurors deciding between the question of life in prison without the possibility of parole, or death by lethal injection for David Westerfield.

On Friday, jurors had a short day of deliberations, but during that day, they did send a note out requesting some videotape. That videotape of David Westerfield, who returned to his home days after Danielle van Dam disappeared, he was one of the only neighbors of the van Dams who was gone that weekend. When he came back, police asked to search his home. He consented to that search, then he gave a brief impromptu interview to several local news reporters. Here is a portion of that interview.

(BEGIN VIDEO CLIP)

QUESTION: Why would they come into your house?

DAVID WESTERFIELD, DEFENDANT: Well, you would have to ask them. I was gone all weekend, so -- and I offered to let them look through everything to check it, basically.

QUESTION: Do you know the mother of the missing...

WESTERFIELD: Yes, I was out with her dancing -- this isn't going to be on TV -- can I put my hat on at least? The -- I was out dancing with -- we -- all of us met at a bar over in PV (ph) -- or not PV (ph), over here in Poway, that's -- at Dad's, so we were over there. This isn't going to be -- you are going to edit this?

(END VIDEO CLIP)

BUCKLEY: Again, that is an interview that was taken with David Westerfield back in February. This was before he was arrested just after he came home. This is the weekend that Danielle van Dam disappeared.

Also, requested by the jurors, the testimony of detective Paul Redden, he was the interrogation specialist. He testified during the guilt phase of this trial that Westerfield used the word "we" when referring to his whereabouts on the weekend that Danielle van Dam disappeared. Jurors also requested all of the evidence from the penalty phase, that is the phase that we are in right now. Again jurors beginning their fourth day of deliberations in about a half an hour -- Anderson.

COOPER: All right. Frank Buckley, thanks very much.

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