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San Diego Jury Deciding Punishment for David Westerfield Begins Fifth Day

Aired September 10, 2002 - 11:43   ET

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

ANDERSON COOPER, CNN ANCHOR: In San Diego, a jury deciding the punishment for David Westerfield begins a fifth day of deliberations today. The panel will recommend whether gets life or death for the murder of 7-year-old Danielle Van Dam.
CNN's Thelma Gutierrez is live in San Diego with the latest.

THELMA GUTIERREZ, CNN CORRESPONDENT: Anderson, a quiet day so far, jury deliberations are scheduled to begin in about 20 minutes or so. This is now day five of deliberations in the penalty phase, as you had mentioned. Now, yesterday, deliberations ended a little early, because two jurors became ill.

In fact, we understand that this morning, there will be a hearing to discuss one of the illnesses that one of the jurors is experiencing. We don't know what it is or what it means at this point.

Now the jurors did not request any additional material before calling it a day yesterday, but they do have quite a lot to review. On Friday, the panel had asked to hear two taped interviews of Westerfield presented in the penalty phase. One is with an interrogation specialist for the San Diego Police Department who interviewed Westerfield, and another with a TV reporter. It was an interview done just before his arrest.

Now, they also asked for all the evidence that was presented in the penalty phase of this trial, which includes patents for Westerfield's inventions. Now, the same jurors who found David Westerfield guilty of kidnapping and murdering 7-year-old Danielle Van Dam must now decide his fate, whether he will die by lethal injection or spend the rest of his life in prison without possibility of parole.

Now that decision, Anderson, must be unanimous. If they recommend death penalty, the judge can reduce it to life, but most of the legal analysts here saying that is not likely.

Anderson, back to you.

COOPER: All right, Thelma Gutierrez, thanks very much.

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