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Westerfield Jury Deliberating Again

Aired September 09, 2002 - 14:37   ET

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

KYRA PHILLIPS, CNN ANCHOR: Should David Westerfield die for kidnapping and killing 7-year-old Danielle van Dam? San Diego jurors again taking up that question.
They are spending their fourth day deliberating a sentence.

CNN National Correspondent Frank Buckley is following the proceedings. He is in San Diego -- Frank.

FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT: Hi there, Kyra. Jurors have been at it for a couple of hours here in San Diego today. They began deliberating late Wednesday afternoon after receiving jury instructions and after passionate arguments on both sides of this matter. The prosecution side saying that the heinousness of this crime requires the death penalty. The defense in this case saying that David Westerfield has had a worthwhile life, and his life is worth sparing. Here is some brief excerpts from both of those arguments.

(BEGIN VIDEO CLIP)

JEFF DUSEK, PROSECUTOR: This man has done that. This man has gotten so far beyond the line that decent society -- that he has to pay the ultimate punishment.

STEVEN FELDMAN, DEFENSE ATTORNEY: He will never walk the streets again, no matter what. You guaranteed that already. Don't give him what he wants? That is a subtle way of saying "kill him."

(END VIDEO CLIP)

BUCKLEY: Jurors on Friday also asked to see a videotape of David Westerfield, an interview that Westerfield gave to local TV stations. Westerfield had taken his RV on a 500-mile journey from San Diego to the desert and back while a search was underway for Danielle van Dam after she first disappeared. When Westerfield returned, police asked to search his home. Local TV reporters asked Westerfield to talk. Here is a brief excerpt from the interview that jurors have requested.

(BEGIN VIDEO CLIP)

QUESTION: Why would they come into your house?

DAVID WESTERFIELD, DEFENDANT: Well, you would have to ask them. I was gone all weekend, so -- and I offered to let them look through everything to check it, basically.

QUESTION: Do you know the mother of the missing...

WESTERFIELD: Yes, I was out with her dancing -- this isn't going to be on TV -- can I put my hat on at least? The -- I was out dancing with -- we -- all of us met at a bar over in PV (ph) -- or not PV (ph), over here in Poway, that's -- at Dad's, so we were over there. This isn't going to be -- you are going to edit this?

(END VIDEO CLIP)

BUCKLEY: So jurors are taking a look at that videotape. Again, that videotape was from local TV stations, and it was played in court during the guilt phase. Jurors had requested through notes sent to the court different items that they want to see. That is one of the items that they have requested. They have also asked to listen to the testimony, once again, of Paul Redden, he was the police interrogator who talked to David Westerfield. Westerfield reportedly using the word "we" in describing his movements after Danielle van Dam's disappearance -- Kyra.

PHILLIPS: All right, Frank Buckley. Thanks so much.

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