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American Morning

Defense to Begin in Westerfield Trial

Aired July 02, 2002 - 08:19   ET

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

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
LEON HARRIS, CNN ANCHOR: The defense could begin its case today in the San Diego trial of David Westerfield. He's charged with the kidnap and murder of second grader Danielle van Dam earlier this year.

CNN's Charles Feldman now with a look back and a look ahead.

(BEGIN VIDEOTAPE)

CHARLES FELDMAN, CNN CORRESPONDENT (voice-over): Will David Westerfield take the stand in his own defense? A judicial gag order prevents attorneys from saying until the very last minute. And while Westerfield has every legal right not to testify at his murder trial, you can bet that jury of six men, six women, and six alternates would be eager to hear what he might have to say.

The 50-year-old design engineer, who is twice divorced, stands accused of kidnapping 7-year-old Danielle van Dam from her own bedroom and then murdering her, dumping her body at a roadside miles from her San Diego area home.

UNIDENTIFIED MALE: But isn't it true that on at least three separate occasions, you had sex with or attempted to have sex with Barbara Houston (ph) in the presence of your wife?

DAMON VAN DAM, FATHER OF DANIELLE VAN DAM: Yes.

UNIDENTIFIED MALE: In the year 2000, you engaged in sex with Denise and Andy and Brendon and -- I'm sorry -- and Danny?

BRENDA VAN DAM, MOTHER OF DANIELLE VAN DAM: Yes.

FELDMAN: The defense has used its cross-examination of prosecution witnesses to explore the nonconventional and open sex lives of Danielle's parents. The suggestion here is that someone other than Westerfield -- perhaps someone her parents had sex with -- killed the little girl.

But prosecutors tried to stick to forensics, introducing evidence that Westerfield had illegal pornography at his home, which is down the street from the van Dams.

UNIDENTIFIED MALE: Do those images include images of children?

UNIDENTIFIED MALE: Yes, they do. UNIDENTIFIED MALE: Do those include images of children who are either nude or partially clothed?

UNIDENTIFIED MALE: Yes, sir.

FELDMAN: The defense will have to try and counter other evidence apparently linking Westerfield to the crime: for example, fibers discovered in a necklace Danielle was wearing that allegedly matched fibers found in Westerfield's home.

JENNIFER SHEN, SAN DIEGO POLICE: I can tell you that, based upon the tests conducted, that the fiber taken from the victim's necklace could share a common source with the fibers taken from the laundry and the bedding.

FELDMAN: The stakes for David Westerfield in this case are as high as they can be: If convicted on the murder charge, he faces the death penalty.

Charles Feldman, CNN, reporting.

(END VIDEOTAPE)

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