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Court To Interview 262 Potential Jurors

Some 600 Potential Jurors Showed Up For Westerfield Trial

POSTED: 3:04 p.m. PDT May 17, 2002
UPDATED: 3:13 p.m. PDT May 17, 2002

Jury selection began Friday in the trial of a man accused of kidnapping and murdering 7-year-old neighbor Danielle van Dam.

Danielle van Dam, David Westerfield
WESTERFIELD TRIAL
DANIELLE VAN DAM 1994-2002
Defendant David Westerfield was taken into the courtroom to observe the initial questioning of the hundreds of people summoned as potential jurors.

Westerfield, 50, is charged with murder, kidnapping and misdemeanor possession of child pornography. If he's convicted, Westerfield could face the death penalty.

Danielle was discovered missing the morning of Feb. 2, touching off an extensive search involving thousands of volunteers. Her naked body was found three weeks later along a rural road east of San Diego.

Investigators say they found Danielle's blood, hair and fingerprints in Westerfield's motor home.

The twice-divorced engineer insisted on his right to a speedy trial, which brought about the start of jury selection in a capital murder case with unusual haste.

A larger-than-expected pool of 600 potential jurors turned up due to extensive media coverage, said jury services manager Neal Methvin.

Before being handed a 21-page questionnaire that examines their views on pornography and the death penalty, the potential jurors were asked about hardships that serving for three months might cause.

About 245 people were excused for hardships, said Marilyn Laurence, a spokeswoman for the Superior Court.

Coordinator of jury services Neal Methvin Jr. said 140 were excused initially for inability to stay past two weeks. Another 207 were excused by the court.

Another 262 were handed copies of the questionnaire, Laurence said.

The questionnaire asks whether prospects have seen explicit sexual acts or sexual pictures and whether they did so on the Internet, in films, books, on a computer or in bars and dance clubs.

Prosecutors intend to present images of child pornography found in Westerfield's home, which they contend fed fantasies that culminated in his kidnapping and killing Danielle.

About five pages of questions solicit opinions on the death penalty.

The questionnaire also seeks to determine how much exposure prospects had to what the trial judge has referred to as a "tsunami" of pretrial publicity in the case. Outside, city crews blocked off an entire block to make room for more than a dozen TV trucks.

Westerfield's attorneys may ask the judge to move the trial to another city if an unbiased jury cannot be seated.

Prosecutors, defense attorneys and Superior Court Judge William Mudd will spend a week reviewing the responses. Questioning of individuals is scheduled to begin May 28. Mudd will question them, 20 at a time, on that date.

Opening statements were not expected to begin for a few weeks.

The judge said earlier this week he will allow limited testimony about the lifestyles of Danielle's parents.

Unsubstantiated rumors that Brenda and Damon van Dam were "swingers" have swirled around the case since Danielle disappeared from her north San Diego home. The van Dams have refused to discuss their lifestyle.


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