Return to Transcripts main page

American Morning

Westerfield Trial Goes to Death Penalty Deliberation

Aired August 28, 2002 - 09:34   ET

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

BILL HEMMER, CNN ANCHOR: Prosecutors today are set to argue that David Westerfield should die. Earlier this month, a jury convicted him of the kidnapping and murder of 7-year-old Danielle van Dam, abducted from her home last February.
Frank Buckley on the scene early in San Diego with more as this case enters yet another phase.

Good morning, Frank.

FRANK BUCKLEY, CNN CORRESPONDENT: Good morning, Bill.

The same 12 jurors who pronounced David Westerfield guilty of murder, kidnapping and possessing child pornography will now hear testimony on whether or not Westerfield should be put to death.

When his verdict was handed in, he showed no emotion. However, on that this verdict date, Danielle van Dam's parents were quite emotional. And a still photographer in the courtroom has snapped a shot of that moment. That has angered Judge William Mudd, because he said it violated the court's rules on cameras in the courtroom. And yesterday, the judge held a hearing oin this matter and announced that all still photographers who provide photographs for newspapers and magazines would no longer be permitted in the courtroom.

(BEGIN VIDEO CLIP)

JUDGE WILLIAM MUDD, SUPERIOR COURT: Where I can hurt them most? What sanction is it that can allow me to control my courtroom? And the sanction is to get rid of them, and that is exactly what I'm going to do.

(END VIDEO CLIP)

BUCKLEY: We are expecting in the courtroom today to see a video of Danielle van Dam as part of prosecution's presentation during the witness victim impact portion of their presentation. Both sides will present witnesses, the prosecution expected to call the van Dams to testify, Westerfield's side, the defense side, expected to present witnesses to speak to the positive aspects of David Westerfield's character -- Bill.

HEMMER: Frank, there are some legal experts who warn us that there could be some surprises in this phase. I am not quite sure what surprise they're describing, but what are you hearing on the legal end there as we move forward? BUCKLEY: Well, one possible surprise could be that Westerfield could testify himself. As you know, he did not testify during the trial. He could testify here, though most legal experts suggest that won't happen. They say that it could jeopardize his appeal of his conviction. Secondly, they say that if he does, in fact, testify, then that would open him up to a withering cross-examination from the prosecution. But if he does testify, that would be a surprise.

HEMMER: Frank, thanks. Frank Buckley, again, outside the courtroom there in San Diego.

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