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CNN Live Today
Could be Decisive Hour for David Westerfield
Aired November 22, 2002 - 11:55 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
LEON HARRIS, CNN ANCHOR: And this could be an a decisive hour for David Westerfield. He is the man who was convicted back in August of killing young 7-year-old Danielle Van Dam. He's now facing a judge who will be making up his mind about Westerfield's sentence, and we expect that could happen anytime today.
Let's check in now with our Rusty Dornin, who's outside the courtroom there in San Diego -- Rusty.
RUSTY DORNIN, CNN CORRESPONDENT: Well, Leon, the decision could be made today, but actually what we're hearing right now in the courtroom is an argument to delay the entire sentencing. The defense is asking for a motion to continue it, claiming that an article recently published in the "San Diego Magazine" brings forth an unnamed police source, who claims that Westerfield was actually in Danielle Van Dam's bedroom, and that Danielle recognized him, he hit her, and that was it.
Now the implication there is that Westerfield actually killed the little girl in her bedroom, and if he did, that would negate the idea that he kidnapped her from the bedroom. And of course, it's the kidnapping charges that invoke the death penalty here.
So this is definitely a very desperate effort on the part of the defense to save David Westerfield's life. The attorney Steven Feldman just a few minutes earlier talked about that they've never asked for a continuance before, but they feel that it's important in the defense of their client that the court consider this. And who we're hearing from right now is the attorney for "San Diego Magazine," who is denying that they have any other information -- new information regarding this unnamed police source.
So right now we're awaiting to see what the judge will do, whether he decides to delay his sentencing, or he could decide not to, and he could sentence -- go with the jury recommendation, and sentence David Westerfield to death. The other option, of course, is to go give him the lesser penalty, and that's life imprisonment without parole. So we'll see what happens -- Leon.
HARRIS: Thanks, Rusty.
Thanks for clearing all that up for us. Appreciate it. Rusty Dornin in San Diego. Of course we'll keep our eyes and ears tuned to that courtroom.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Aired November 22, 2002 - 11:55 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
LEON HARRIS, CNN ANCHOR: And this could be an a decisive hour for David Westerfield. He is the man who was convicted back in August of killing young 7-year-old Danielle Van Dam. He's now facing a judge who will be making up his mind about Westerfield's sentence, and we expect that could happen anytime today.
Let's check in now with our Rusty Dornin, who's outside the courtroom there in San Diego -- Rusty.
RUSTY DORNIN, CNN CORRESPONDENT: Well, Leon, the decision could be made today, but actually what we're hearing right now in the courtroom is an argument to delay the entire sentencing. The defense is asking for a motion to continue it, claiming that an article recently published in the "San Diego Magazine" brings forth an unnamed police source, who claims that Westerfield was actually in Danielle Van Dam's bedroom, and that Danielle recognized him, he hit her, and that was it.
Now the implication there is that Westerfield actually killed the little girl in her bedroom, and if he did, that would negate the idea that he kidnapped her from the bedroom. And of course, it's the kidnapping charges that invoke the death penalty here.
So this is definitely a very desperate effort on the part of the defense to save David Westerfield's life. The attorney Steven Feldman just a few minutes earlier talked about that they've never asked for a continuance before, but they feel that it's important in the defense of their client that the court consider this. And who we're hearing from right now is the attorney for "San Diego Magazine," who is denying that they have any other information -- new information regarding this unnamed police source.
So right now we're awaiting to see what the judge will do, whether he decides to delay his sentencing, or he could decide not to, and he could sentence -- go with the jury recommendation, and sentence David Westerfield to death. The other option, of course, is to go give him the lesser penalty, and that's life imprisonment without parole. So we'll see what happens -- Leon.
HARRIS: Thanks, Rusty.
Thanks for clearing all that up for us. Appreciate it. Rusty Dornin in San Diego. Of course we'll keep our eyes and ears tuned to that courtroom.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
