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Defense Attorneys Discuss Westerfield Sentencing

Aired August 28, 2002 - 14:13   ET

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

KYRA PHILLIPS, CNN ANCHOR: Something else that we have been following in the past hour has been that where jurors are hearing the evidence in the sentencing phase for David Westerfield. We are going to go back to that part of southern California in San Diego and bring you in two attorneys, defense attorney Benjamin Brafman; he has been joining us in talking about the case. Also Bob Grimes.
Once again, I know both of you gentlemen have been listening to what has been taking place in that courtroom, Damon van Dam, the father of Danielle van Dam, basically talking solely about his daughter: her character, her hobbies, her personality.

Bob, why don't we begin with you and talk about why attorneys are doing that and how they hope it will impact the jurors.

BOB GRIMES, DEFENSE ATTORNEY: Well, this is the district attorney's opportunity to get into the emotional type of evidence that never would have been allowed in the guilt phase. And what we have had from David van Dam and the school teachers is some extremely powerful testimony regarding the loss of a 7-year-old girl and how it's impacted everybody, from classmates to her 6-year-old brother.

PHILLIPS: Benjamin Brafman, your thoughts?

BENJAMIN BRAFMAN, DEFENSE ATTORNEY: I think it is terribly sad, riveting testimony to hear a father talk about his child who has been murdered. And I think what the prosecution is trying to do and what they have got do in to get the jury to vote to put Mr. Westerfield to death is they have got to do two things. One, they have really got to demonstrate the horrific nature of this crime. They've got to show how it not only affected the immediate family but the community at large. I think they very effectively did that. I think they also have to get the jury to really hate this guy. I think by having the father talk in very polite, soft-spoken terms about the void that has been left in his family, the sadness that pervades this family since the death of Danielle very effectively sends a message to this jury: What this man did was horrific, He should be severely punished and if ever there was a case that cried out for the death penalty, I think the prosecution is trying to say this is the case -- murdering the child for no reason and leaving her on the side of the road like a heap of garbage is something that should be punished by this man forfeiting his life.

Even to anti-death penalty advocates like myself and others, my God, if there is a case that demonstrates the reason for the death penalty, I think powerful argument can be made that this is the case. PHILLIPS: Bob, David Westerfield sitting in the courtroom, I noticed, showing absolutely no emotion and for a majority of the time taking copious notes. I'm just curious what do you think he was doing? Is this a mode of distraction? Is he writing down what Damon van Dam is saying?

GRIMES: Yes, I can't imagine any useful purpose for it. Usually, we ask clients not to take notes. He might just be so -- under so much pressure now -- he was shaking when the verdict was read, the most emotion he has shown during the whole trial -- it really might just be a way to keep himself occupied until Feldman gets to start putting on the things that are on Westerfield's side of the scales, which are pretty considerable. But he just has to wait until his lawyer's turn.

PHILLIPS: Bob Grimes and Benjamin Brafman, we will continue to check in with both of you. Thanks for your insight. No doubt this will be going on for a number of days. Gentleman, thank you so much.

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