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Jurors Deliberate Westerfield Murder Case

Aired August 08, 2002 - 14:02   ET

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

FREDRICKA WHITFIELD, CNN ANCHOR: Jurors in San Diego have just received the murder case of David Westerfield. For two months, they've been listening to witnesses and lawyers talk about what happened to Westerfield's neighbor, Danielle van Dam.
CNN's Rusty Dornin is at the courthouse, and she's got the latest on this.

They have just received this case. Have they gone into deliberations just yet?

RUSTY DORNIN, CNN CORRESPONDENT: They have, Fredricka. Boy, you could have heard a pin drop in that courtroom this morning as prosecutor Jeff Dusek led the jurors once again, in his very methodical way, through the time line after Danielle was kidnapped, and listing all of the evidence -- all the DNA evidence, the hair, the fingerprints, the blood -- and saying that it did point to the defendant, David Westerfield.

Now, of course, the defense had say that all the evidence is circumstantial, that there is no smoking gun.

Prosecutor Jeff Dusek said there is a smoking gun: that is the jacket that has Danielle van Dam's blood on it. He ended his comments with a very emotional plea.

(BEGIN VIDEO CLIP)

JEFF DUSEK, PROSECUTOR: If by chance someone could cause a miracle, create a miracle, just a little one, for a short amount of time, and bring Danielle back to life, just for a moment, just to help us out, bring her back to life, make her presentable here, ask her to come into this courtroom and help us determine the one question we need answered to do this -- bring her into this courtroom and ask her, Danielle, please tell us who did this to you?

In turn, I've already told you. I've already told you. I've told you with my hair and where you found it. I told you with the orange fiber that you found on my choker and where you found it. I told you with the blue fibers that were on my naked body and where you found it. I told you with my fingerprints, and I told you with my blood. Please listen.

(END VIDEO CLIP)

DORNIN: Now, of course, defense attorney Steven Feldman has said all along it's still all circumstantial and that the (UNINTELLIGIBLE) is trying to plant seeds of a reasonable doubt in the minds of jurors. He still claims there is not that smoking gun that connects it to his defendant.

At the back of the courtroom the van Dams were present. Mrs. van Dam seemed very upset at the beginning of proceeding; she was in tears and then left, and then came back as the court started. They appeared very stoic throughout the rest of the proceedings.

The judge did again admonish the jurors that they have to make sure that they don't talk to anybody about this, because they are not being sequestered. And he did say if he hears anything about the fact that people talking about this case, that he will sequester them.

WHITFIELD: Rusty Dornin, from San Diego, thank you very much.

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