Return to Transcripts main page

Live From...

Westerfield Jurors Go Home for the Weekend

Aired August 16, 2002 - 14:31   ET

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

MARTIN SAVIDGE, CNN ANCHOR: We're being told right now that jurors in the David Westerfield trial have finished their work for today and gone home for the weekend. Earlier, they asked to rehear about testimony when and how 7-year-old Danielle van Dam was killed.
With more now on day seven of deliberations, we go to Thelma Gutierrez -- she joins us from San Diego -- Thelma.

THELMA GUTIERREZ, CNN CORRESPONDENT: Well, that is right, Marty. We found out just a few minutes ago that the jury had gone home for the day, so that means they will be back at it on Monday morning.

Now this morning, the jury had requested a read back of testimony by two forensic experts. These were people who were called to the stand to try to establish a timeline for Danielle van Dam's death. Now, her body was discovered nearly a month after her disappearance. It was so badly decomposed and ravaged by animals that the medical examiner testified that he could not establish how she died, when she died, or whether she had been sexually assaulted.

Now jurors requested a read back of the medical examiner's testimony. They also want to review the testimony of a forensic entomologist, a bug expert who establishes the time of death based on the life-cycle of bugs that are found inside a body. Now, that expert had testified for the defense that Danielle's body was not available to insects until mid-February, well after David Westerfield was under 24-hour surveillance by police.

This defense had argued during the trial that that is proof that Westerfield did not kill Danielle van Dam.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: This jury has two areas of scientific evidence. They have got to go all the way through entomology, and they have got to go all the way through DNA, so that is a lot of science for them to ferret out, and it will take them a little bit longer than if it was just a gunshot wound case or something where they didn't have a time of death issue, or a cause of death issue.

(END VIDEO CLIP)

GUTIERREZ: The jury now in its seventh day of deliberations. They will be back again on Monday after leaving early for the weekend -- Marty, back to you.

SAVIDGE: Thelma, I am curious. Was there any explanation given as to why the jurors were sent home so early in the day?

GUTIERREZ: No, none whatsoever. In the past though, Marty, they have gone home early on Fridays. Now, they were only supposed to deliberate for four days a week. The jurors had told the judge that they wanted to go five days a week, but they are cutting Fridays short. So, no explanation as to why, only that they will be back, as well as all of us will all be back on Monday.

SAVIDGE: We certainly will. Thelma Gutierrez from San Diego, thanks very much.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com