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American Morning

David Westerfield Case Could Go to Jury Today

Aired August 07, 2002 - 09:07   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.
DARYN KAGAN, CNN ANCHOR: We move now to San Diego, California, where the David Westerfield case could go to the jury today. He is accused in the kidnapping and death of 7-year-old Danielle Van Dam.

Our Thelma Gutierrez brings us the latest now from Southern California.

Thelma, good morning.

THELMA GUTIERREZ, CNN CORRESPONDENT: Good morning, Daryn.

You're right, when court resumes in a few hours, the defense is expected to continue with its closing arguments. It's very possible that they may wrap up today, that the prosecution will have a chance to put on its rebuttal argument, and that this case may go to the jury later today.

But yesterday, the prosecution argued its case for four hours. Lead prosecutor Jeff Dusek told jurors, this is not complicated case, but a simple one, built on forensic and physical evidence that links 50-year-old David Westerfield to the kidnapping and murder of Danielle Van Dam.

(BEGIN VIDEO CLIP)

JEFF DUSEK, PROSECUTOR: They cannot exclude him from what they found in his house, in his bedroom and in his bed. They found her hair. Danielle Van Dam's hair, in his bed, on the pillow, on the top sheet, on the bottom sheet.

(END VIDEO CLIP)

GUTIERREZ: During its closing argument, defense attorney Steven Feldman told jurors there are reasons that Danielle's hair and fibers may have ended up in Westerfield's home and motor home, including the fact she went to his home to sell Girl Scout cookies at one point.

All along, the defense suggested that Danielle Van Dam's parent's so-called swinging life style may have exposed Danielle to other suspects besides Westerfield.

(BEGIN VIDEO CLIP)

STEVEN FELDMAN, DEFENSE ATTORNEY: We don't blame the parents. We don't think they recognized the dangers of the lifestyle that they led. We don't think they understood that they put their children at risk by engaging in the behaviors they engaged in. We do not. If you engage in risque sexual and drug behaviors, what happens to your children when you don't check on them?

(END VIDEO CLIP)

GUTIERREZ: The prosecution told jurors yesterday that it does not have to prove how Westerfield kidnapped and killed Danielle Van Dam, only that it happened.

Daryn, back to you.

KAGAN: Thelma Gutierrez in San Diego, Thelma, thank you.

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