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Van Dam Murder Trial Defense Wraps Up

Aired August 07, 2002 - 14:42   ET

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

KYRA PHILLIPS, CNN ANCHOR: An attorney representing Danielle van Dam's accused killer is wrapping up an emotional final plea to the jurors. The defense argues that evidence against David Westerfield is simply circumstantial.
Let's turn now to CNN's Thelma Gutierrez. She's live outside the San Diego courthouse.

She's got an update -- Thelma.

THELMA GUTIERREZ, CNN CORRESPONDENT: Kyra, all morning long, defense attorney Steven Feldman has been arguing that his client is innocent. According to the defense, the defense said that one of the prosecution's theories is that perhaps Westerfield entered the van Dam home and that possibly he murdered the 7-year-old girl there in her bed. But the defense says that there is no evidence that Westerfield was in the van Dam home, that there are no fibers, there are no fingerprints or hair from Westerfield that ties him there.

They also said that if there was some kind of a struggle that someone would have heard something.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The only thing that makes any logical sense -- the only thing that's logical -- is that when that little girl woke up, she knew who was in there. She had to have known, because otherwise, like any child -- you all have kids; I've raised kids -- you send somebody strange into the room to touch your child, they are going to scream bloody murder. They are not going to put up with some foreigner, some person that they have had, what was it, 15 or 20 minutes experience with in their entire life in their bedroom in the dead of night with mom and dad right down the hall asleep. They are not going to scream, Mommy, Daddy, help me!

(END VIDEO CLIP)

GUTIERREZ: And now, we're going to go to some live pictures in the courtroom. You heard defense talk about the prosecution's theory, but the prosecution said yesterday that Danielle van Dam was murdered in Westerfield's bed, not in his motor home, not in her own bedroom.

The defense attorney is also presenting alternative theories as to why Westerfield was in the desert. Feldman says that Westerfield routinely drove there, that oftentimes he went there with his son, and that he told his son in advance that he was driving there on Super Bowl weekend. He also alluded to the idea that prosecution had talked yesterday about the fact that Westerfield had somehow gotten rid of a pair of black cowboy boots that may have been evidence. But the defense said they did not find those black cowboy boots because Westerfield never owned any. The prosecution told jurors yesterday they do not have to prove how Danielle van Dam was kidnapped and murdered, only that Westerfield did it.

Kyra, back to you.

PHILLIPS: Thelma Gutierrez, thank you so much. We'll continue to follow what's happening there in San Diego.

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