Return to Transcripts main page

CNN Live Today

Day Four of Deliberations in Penalty Phase of Westerfield Trial

Aired September 09, 2002 - 13:14   ET

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

KYRA PHILLIPS, CNN ANCHOR: It's day four of jury deliberations in the penalty phase of David Westerfield's murder trial.
The jury is deciding if Westerfield should die or spend life in prison for murdering his 7-year-old neighbor Danielle Van Dam.

CNN's Frank Buckley is covering that story from San Diego.

Hello again, Frank.

FRANK BUCKLEY, CNN CORRESPONDENT: Hi there, Kyra.

The jurors are deliberating now. Day four, as you mentioned, in the Westerfield penalty phase. They began their deliberations on Wednesday after very passionate arguments on both sides. The defense arguing that Westerfield is not the worst of the worst and that he should be spared from the death penalty, the prosecution arguing that this crime was so heinous, he should get the death penalty.

On Friday, jurors asked the judge for some videotape. This was videotape that was taken of David Westerfield the weekend that Danielle Van Dam disappeared. He left through that weekend, came back after the weekend, and at that point, the police asked to search his home. Reporters, local reporters were there, staked out and asked him some questions. The jurors asked to see that videotape that was entered during the guilt phase of this trial.

Here is a portion of that videotape:

(BEGIN VIDEO CLIP)

QUESTION: Why were they coming to your house?

DAVID WESTERFIELD: Well, you'd 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 child?

WESTERFIELD: Yeah, 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 -- all of us met at a bar over in PV (phy) -- or not PV (ph), over here Powray (ph), at Dad's (ph). So we were over there.

This isn't going to be -- you are going to edit this?

(END VIDEO CLIP)

BUCKLEY: Jurors also asked to see the testimony of Detective Paul Redding. He is the police interrogation specialist who interviewed Westerfield. Westerfield reportedly used the word "we" in talking to Redding, describing his own whereabouts on the weekend Danielle Van Dam disappeared. So again, jury deliberations underway, day four in the Westerfield penalty phase -- Kyra.

PHILLIPS: Frank, thank you.

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