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CNN Live Today

Jurors Back at Work in Westerfield Trial

Aired September 09, 2002 - 12:25   ET

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

KYRA PHILLIPS, CNN ANCHOR: Jurors are back at work in the David Westerfield trial. They are deciding whether to sentence Westerfield to life in prison or to death for the murder of Danielle Van Dam.
CNN national correspondent Frank Buckley joins us from San Diego.

Where do things stand, Frank?

FRANK BUCKLEY, CNN CORRESPONDENT: Well, Kyra, right now, we are awaiting official word that the fourth day of deliberations are under way. We know the jurors are in the room where they will begin their deliberations. We are just now awaiting the official word. They began their deliberations last Wednesday after receiving a jury instructions from Judge William Mudd, and after listening to passionate arguments on both sides, the prosecution saying that David Westerfield has forfeited his life, should be executed for his crimes. The defense arguing passionately he is not the worst of the worst, and that his life should be spared.

Here is a portion of both arguments.

(BEGIN VIDEO CLIP)

JEFF DUSEK, PROSECUTOR: This man has done that. This man has gotten so far beyond the line of decent society, he has to pay the ultimate punishment.

ROBERT BOYCE, DEFENSE ATTORNEY: He will never walk the streets again, no matter what, you guaranteed that already. Do not give him what he wants -- that is a result way of saying kill him!

(END VIDEO CLIP)

BUCKLEY: And today we are expecting jurors to review some videotape of the David Westerfield. He was interviewed, you might recall, by some local TV reporters, as soon as Westerfield came back the weekend when Danielle Van Dam disappeared. Westerfield was not in the neighborhood that weekend. He came home, and he was interviewed by some local reporters. That videotape was played during the guilt phase. The jurors on Friday requested that videotape. They want to see it again.

They are also looking at some testimony from detective Paul Redding. He is the interrogation specialist, who talked to Westerfield. Westerfield saying to Redding during that interrogation, during the interview, using the word "we" in describing his whereabouts the weekend that Danielle Van Dam disappeared. So those are some the things that the jurors are looking at today. They will begin their deliberations shortly. Again, day four of deliberations -- Kyra.

PHILLIPS: Frank, just a side note. I am having a hard time hearing you. I don't know if there is any way to get your mic closer to you while you work on that. A question we all have, and that is September 11th, right around the corner. Will things go on hold on that day. or is it possible that everything will still be in progress with regard to this case on September 11th?

BUCKLEY: That's a good question, Kyra. It's one of the questions that we had when we came to court today. So far, we haven't heard one way or the other, but it's our understanding right now that the deliberations will continue, but it's possible that they won't. We just don't know, to be honest with you.

PHILLIPS: Frank Buckley in San Diego, thanks, Frank.

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