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Closing Arguments Made in Van Dam Murder Trial

Aired August 06, 2002 - 14:33   ET

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

KYRA PHILLIPS, CNN ANCHOR: After 24 days of testimony, closing arguments are under way in the trial over kidnapping and killing of Danielle van Dam. If convicted, defendant David Westerfield could face the death penalty.
CNN's Thelma Gutierrez is live outside the courthouse in San Diego.

I understand that courtroom is standing room only.

THELMA GUTIERREZ, CNN CORRESPONDENT: It sure is. Kyra. In fact, Danielle van Dam's parents are both up there right now. For the past hour and a half or so, jurors have been listening to the closing arguments by lead prosecutor Jeff Dusek. Dusek told jurors that this is not a complicated case. He says this is a very simple case that's built on solid forensic and physical evidence.

Let's go live to a picture from the courtroom right now. Dusek has just told jurors, as per the judge's instructions, he does not have to prove exactly how Danielle was kidnapped and murdered, only that it happened, in order to convict David Westerfield of first degree murder with a special circumstance allegation, that the murder happened during the commission of a kidnapping.

Dusek also told jurors that shortly after Danielle was reported missing, Westerfield apparently showed up at the local dry cleaner at the crack of dawn in February without wearing any shoes or socks. He was barely clothed, he said. He was carrying a comforter with the van Dam's dog hair on it and Westerfield's jacket, which allegedly had Danielle's blood on it.

He also says that there was physical evidence found in Westerfield's home.

(BEGIN VIDEO CLIP)

JEFF DUSEK, PROSECUTOR: They cannot exclude him from what they found in his house, in his bedroom, in his bed. They found her hair, Danielle van Dam's hair, in his bed, on the pillow, on the top sheet, on the bottom sheet.

(END VIDEO CLIP)

GUTIERREZ: And right now, Dusek is trying to help the jurors understand some of the conflicting testimony that has been made by some of the expert witnesses who have taken the stand in trying to establish a time line for Danielle's death. This is a task that has not been easy. Dusek said that Danielle's body was so badly decomposed that even the medical examiner who looked at her body could not establish how she died, when she died, or whether or not she had been sexually assaulted -- Kyra.

PHILLIPS: Thelma Gutierrez, live from San Diego, thank you.

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