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Jurors Deliberating Fate of Accused Child Murderer David Westerfield

Aired August 12, 2002 - 14:43   ET

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

CAROL LIN, CNN ANCHOR: In San Diego, jurors are back deliberating the fate of David Westerfield, on trial in the killing of Danielle van Dam. There is still no hint when or even if they will reach a verdict.
CNN's James Hattori is keeping watch outside the courthouse, though -- James

JAMES HATTORI, CNN CORRESPONDENT: Hi, Carol.

At this point, we can only imagine what is going through the minds of jurors in a case that is certainly one of the most sensational and high profile in recent San Diego history, and a case that's caught nationwide attention as well. Twelve jurors, six men, six women of various social economic backgrounds are deliberating in a third floor jury room for a third day here at the San Diego Courthouse, in downtown San Diego. They have been going at this morning about 2 1/2 hours. They took a 15 minute break and are likely to go up to lunch. Their job, to determine if 7-year-old Danielle van Dam was kidnapped and killed by a neighbor, 50-year-old David Westerfield.

Van Dam was abducted early in the morning of February 2 from her parents' suburban San Diego home. Her nude decomposing body was found three weeks later along a desert road near El Cajon, California. Forensic evidence, van Dam's hair, blood and fingerprints, all found in Westerfield's home and motor home.

Prosecutors also point to blood found on a jacket Westerfield sent to the cleaners after van Dam's disappearance.

Westerterfield's defense attorneys described all that evidence as circumstantial. They say there is no evidence putting Westerfield inside the van Dam house. They also assert that van Dam was killed at a time when Westerfield was already being closely watched by police.

They point to the girl's parents' sexual lifestyle as so-called swingers. And they infer a stranger in the home could have committed the murder.

Carol, jurors also are considering a misdemeanor charge against Westerfield for possessing child pornography. Thousands of computer images of children engaged in sexual acts were found on his computer. The most serious charge, of course, kidnapping and murder, a charge, which if he's found guilty, could result in the death penalty -- Carol. LIN: Thank you very much James.

Any hint at all outside there at the courthouse that this thing is going to be resolved soon?

HATTORI: Well, as you well know, the judge has been keeping very tight rein over operations and has been very reluctant to share a lot of information with the media, for tear of tainting the process. We're getting updates informally. We know that they have been meeting. We know that generally they start at 9:00 and generally they end at about 4:30 in the afternoon. They have taken a break so far this morning, as I said. We presume they will be back.

We'll get half hour's or 45 or an hour's notice if and when a verdict is announced -- Carol.

LIN: We will be looking forward to it. Thank you very much, James Hattori, in San Diego.

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