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Jurors Deliberate Van Dam Murder Trial

Aired August 13, 2002 - 14:35   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 case against David Westerfield. He is the man charged with kidnapping and killing his 7-year-old neighbor, Danielle van Dam.
So let's get an update from CNN's Thelma Gutierrez -- Thelma.

THELMA GUTIERREZ, CNN CORRESPONDENT: Hi there, Carol.

This morning, the jury had requested tape recordings from a police interview made with David Westerfield. They also asked for a readback from the transcript of a written interview with investigators, which were both made shortly after Danielle's disappearance.

Also, this morning, the judge kicked out a local radio reporter from the courtroom, saying she, her boss and her station are responsible for leaking out information from a closed session. The judge said he would not tolerate that sort of thing.

David Westerfield was also in court today. He sat quietly, of course, as the rest of us, awaiting a verdict.

Now, this is fourth day of deliberations. The six-man, six-woman panel will have a lot to consider in the case: 199 exhibits that were entered into evidence and the testimony of nearly 100 witnesses.

The prosecution argued that David Westerfield abducted and murdered 7-year-old Danielle van Dam, and expert witnesses testified that hair fibers and fingerprints were found in Westerfield's home and motor home.

But the defense told jurors there is absolutely no physical evidence of Westerfield in the van Dam home, that it was the parents' so-called swinging lifestyles that set the stage for Danielle's abduction and murder and abduction, back in February.

Her body was discovered nearly a month after her disappearance. It was so badly decomposed that even the medical examiner could not determine how or when she died or whether or not she had been sexually assaulted.

When the jury does finally reach a verdict, the foreman will give the word to the bailiff. The bailiff will then inform the judge. And we understand that there will be a 30 to 45 minute window before that verdict is actually announced -- Carol.

LIN: All right. Just let us know. Thank you very much, Thelma Gutierrez, in San Diego.

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