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Westerfield Jury Selection Under Way

Potential Jurors To Fill Out Questionnaire

POSTED: 9:51 am PDT May 17, 2002
UPDATED: 3:02 pm PDT May 17, 2002

Nearly 500 prospective jurors are expected to report to the San Diego Hall of Justice today for the technical start of the trial of the man accused of killing 7-year-old Danielle van Dam.

They will be asked to fill out a 123-question form, and to indicate whether they could serve up to three months.

Danielle van Dam, David Westerfield
WESTERFIELD TRIAL
DANIELLE VAN DAM 1994-2002
The questions cover such topics as pretrial publicity, the viewing of sexually explicit material and feelings on the death penalty.

The jury pool "will be higher than normal for a murder case," said acting Jury Services Manager Neal Methvin. "We'll go through our normal procedure."

Once the questionnaires are filled out, prosecutors and attorneys for David A. Westerfield will take a week to review them.

The jury selection process is expected to resume May 28 in Judge William Mudd's courtroom.

Groups of 20 prospective jurors would then be questioned by the judge, prosecutors Jeff Dusek and George "Woody" Clarke and defense attorneys Steven Feldman and Robert Boyce.

Westerfield, 50, is charged with murder, kidnapping and misdemeanor possession of child pornography in the death of the Sabre Springs second-grader. He could face death by injection if convicted.

Video
Wednesday, Mudd ruled that jurors will hear only limited information on the lifestyle of the parents of the victim.

The jury also will be allowed to view certain pornographic images that investigators say they found on Westerfield's computer, and they will hear statements he made to police on the first day he became a suspect.

On the issue of the "swinging" lifestyle of Damon and Brenda van Dam, Mudd granted a prosecution motion to limit what the jury will hear. He said attorneys in the case have been told what the limits are.

A defense motion to make the pornographic images inadmissible was rejected. Mudd said some of the images will be allowed.

Mudd also rejected a defense motion to sever the pornography charge, which would force a trial separate from the murder and kidnapping case.

Prosecutors say the computer images prove Westerfield's motive was to sexually molest the victim after he allegedly took her from her home the night of Feb. 1.

The victim's blood, hair and fingerprints were found in Westerfield's motorhome, prosecutors said.

Westerfield, under police surveillance since Feb. 4, was arrested Feb. 22. He has insisted on a speedy trial -- one that goes to trial within 60 days of his arraignment in Superior Court.

Defense attorney Kerry Steigerwalt said the move to take Westerfield's case to trial just three months after his arrest -- especially since he's facing the death penalty if convicted -- is unprecedented.

"This truly is a well-thought-out tactical decision by the defense," Steigerwalt said.

It is unknown how long it will take to select a jury of 12 and six alternates.

Mudd held off on rulings regarding sequestering a jury and having separate juries determine Westerfield's innocence or guilt, and his punishment if convicted.


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