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Westerfield Trial Continues

Aired August 14, 2002 - 14:28   ET

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

CAROL LIN, CNN ANCHOR: Well, now to San Diego, where the jury is spending a fifth day deliberating the guilt or innocence of the man accused of kidnapping and killing Danielle van Dam.
CNN's Thelma Gutierrez is live from the courthouse with more on this -- Thelma, we were betting in the news room that we thought we would hear a verdict today.

THELMA GUTIERREZ, CNN CORRESPONDENT: Well, you know, Carol, a lot of people have asked, Why is this taking so long? It's a question that has been raised quite a lot, but I can tell you that the defense, before jury deliberations began, the defense attorney reminded them that, after all, a man's life does hang in the balance. This is a trial that lasted 27 days. Jurors have so much to consider. They have 199 different exhibits that were entered into evidence, and also the testimony of nearly 100 witnesses.

(BEGIN VIDEO CLIP)

ROBERT GRIMES, ATTORNEY: The jury really had to spend at least four or five days going over the evidence in this case. It's a serious case. The whole country is watching, and it's complicated.

There's strong evidence for the prosecution, but the defense has raised some points that have to be considered.

(END VIDEO CLIP)

GUTIERREZ: Now, one of the questions that has to be considered by the defense, they had said there was no physical evidence of David Westerfield ever found in the van Dam home. You remember the prosecution had said that David Westerfield had gone into the van Dam home, he had stayed there for a while, and then he abducted 7-year-old Danielle van Dam. The defense saying David Westerfield was never inside, there was never any physical evidence to prove that he was inside the home.

LIN: Thelma, do you think that prosecution, though, has any reason to worry that the deliberations are going on still as long as they are, even though that they have got a large body of evidence to consider?

GUTIERREZ: Well, they do have quite a lot of evidence. There's a lot of strong evidence the prosecution has argued, but what they are thinking right now, Carol, is pretty much anyone's guess. After all, there is a gag order in this case, and so we haven't heard from either side. But yesterday, the jury did ask to listen to tape recordings of David Westerfield made by police shortly after Danielle's disappearance. He is referencing a trip that he made to the desert alone, and in the tape, he uses the word "we" as opposed to "I" in making that trip, and so that may be good for the prosecution. On the other hand, some of the legal analysts that we have talked to have said that as more time goes by, that may not be so good for the prosecution.

(BEGIN VIDEO CLIP)

GRIMES: At this point, as each day goes by, the prosecution is going to about a hung jury. I don't think they are going to worry about an acquittal. I don't think they feel that that is possible. But as each day goes by, we're on day five now, you get to day six and day seven, they have had a chance to go over the evidence, they have had a chance to start balloting, start voting, and as each day goes by, it seems more likely that there's some kind of division among the jurors.

(END VIDEO CLIP)

GUTIERREZ: Now, when the jury does finally reach a verdict, Carol, the way that it will come down to us, we understand, they will bring that -- the foreman will take that decision to the bailiff. The bailiff will inform the judge, and then there will be a 30 to 45 minute window before that announcement is actually made -- back to you, Carol.

LIN: Thelma, and we will be here to take it. Thank you very much. Thelma Gutierrez, live in San Diego, outside of the David Westerfield case.

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