SAN DIEGO -- Fairness in applying the death penalty was the focus of Tuesday's first day of questioning potential jurors in the trial of the man accused of killing 7-year-old Danielle van Dam.

WESTERFIELD TRIAL Judge William Mudd Issues Death Penalty Sentence Hear Jury's Death Penalty Recommendation Watch The Jury's Verdict Being Read Share Your Thoughts DANIELLE VAN DAM 1994-2002 Watch Danielle Video Montage E-mail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150

David Westerfield, a 50-year-old Sabre Springs resident, is accused of kidnapping and killing the child and dumping her body in the East County.

Attorneys for both sides spent last week reviewing questionnaires that 263 prospective jurors were asked to fill out.

Forty potential panelists returned Tuesday for questioning in the courtroom of Superior Court Judge William Mudd -- 20 in the morning and 20 in the afternoon.

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Jurors Subject To Very Intense Questioning

Seven were dismissed in the morning for reasons ranging from the belief that Westerfield (pictured, right) is guilty to altered vacation plans. Attorneys warned Mudd that about half the afternoon group would be dismissed as well.

Potential jurors will be brought to Mudd's courtroom until 12 panelists and six alternates are selected.

Defense attorney Steven Feldman pressed each possible juror about questionnaire response to the death penalty, especially with those he felt would automatically recommend the punishment should the defendant be convicted.

"If he is guilty of the crime he is accused of, he needs to suffer the consequences of his actions," a woman said. The death penalty would be appropriate, she wrote, "because that's the penalty the child suffered."

A man told the court he believed the death penalty was appropriate for all premeditated murders. A woman expressed reluctance to imposing a punishment other states are reconsidering.

The two panels of potential jurors were overwhelmingly white and about evenly split between men and women. The morning panel was considerably older.

"I don't want to read about you talking to (the media) or it would be a violation of your oath," Mudd told the potential panelists before the questioning began. He also denied a defense motion to call for a new panel of prospective jurors.

In the morning, Mudd and the attorneys decided to question each juror individually, but that took too long so they decided to question the afternoon group all at once, then bring some individuals back.

Feldman asked the first prospective juror -- a county welfare eligibility worker -- if she could vote for the death penalty.

Feldman told the woman that talking about capital punishment before a conviction "puts the cart before the horse."

The woman said she felt "kind of fortunate" to be considered as a juror and thought the process was "kinda neat."

"I can do it," she said.

She told Feldman she had talked to co-workers about how Brenda van Dam cared for her children.

A second potential juror -- who supports the death penalty -- said he heard information about Brenda and Damon van Dam on a radio talk show, but didn't listen long.

"I don't like to listen to people rag on people that much," the man said.

About the death penalty, he said, "If (Westerfield is) convicted of what he's accused of, I think the death penalty would be in order."

A 55-year-old prospective juror, asked about explicit sexual photographs, wrote on his questionnaire: "It's sick."

As for jury service, the man said it was not something he wanted to do, but something that had to be done.

Late in the afternoon, attorneys began using their peremptory challenges to excuse jurors. Twelve jurors from Tuesday's pool of 40 will be back Wednesday at 11:30 a.m.

At 9 a.m., another group of 20 prospective jurors will be questioned by the lawyers.

The 123 questions on the May 17 questionnaire covered such topics as pretrial publicity, the viewing of sexually explicit material and feelings on the death penalty.

Among the questions were:

Have you ever been exposed to explicit sex acts or sexual pictures?

Have you formed opinions about this case?

What types of crimes, if any, do you feel are appropriate for consideration of the death penalty?

Before jury selection began, Mudd ruled that jurors will hear only limited information on the "swinging" lifestyle of the victim's parents.

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 the first day he became a suspect, the judge ruled.

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

Prosecutors contend 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.

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