Jury Selection In Westerfield Trial Enters Third Day
Prosecution Has Used 13 Of 20 Challenges
POSTED: 7:05 pm PDT May 29,
2002
UPDATED: 8:05 am PDT May 30,
2002
SAN DIEGO -- The questioning of prospective jurors in the David Westerfield trial enters its third day today, with prosecutors and defense attorneys again expected to focus their queries on the death penalty.
The prosecution has used 13 of its 20 allotted peremptory challenges to exclude jurors. The defense has used eight.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.
Three men and a woman were dismissed Wednesday immediately because of their responses on questionnaires filled out May 17.Two men who remained were then dismissed after saying they had already formed opinions on the case."Because of media coverage," one young man said he would vote Westerfield guilty.A woman, who remained in consideration, said she found media coverage of the case "disgusting" and began to ignore it. The former hospital corpsman told Deputy District Attorney Jeff Dusek she had better things to do with her time than be involved in what could be a lengthy trial."Given some other choices, it's not something I'd run to the head of the line for," she said.
Another woman was asked by defense attorney Robert Boyce if the charges make it more likely that Westerfield (pictured, right) is guilty."I don't feel he would be here today if there weren't a set of evidence against him," she answered. "It's not a complete blank slate when you're charged with murder."Forty potential panelists were brought in for questioning each day in the courtroom of Superior Court Judge William Mudd -- 20 in the morning and 20 in the afternoon. The process will continue until a jury of 12 is picked along with six alternates.Like Tuesday's panels, those brought in Wednesday were mostly white, of varying ages and divided roughly evenly between men and women.Of the 40 brought in Tuesday, the first day of questioning, 12 made the first cut.Steven Feldman, the lead defense attorney, pressed each possible juror about questionnaire responses regarding the death penalty, especially those he felt would automatically recommend execution should the defendant be convicted.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 as the law guarantees -- one within 60 days of his Superior Court arraignment.
![]() WESTERFIELD TRIAL DANIELLE VAN DAM 1994-2002 E-mail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150 |
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Previous Stories:
- May 28, 2002: Jury Selection Continues In Westerfield Trial
- May 20, 2002: Experts Question Speed Of Westerfield Trial
- May 17, 2002: Court To Interview 262 Potential Jurors
- May 17, 2002: Westerfield Jury Selection Under Way
- May 16, 2002: Westerfield Jury Selection Set To Begin
- May 16, 2002: Westerfield Trial Jury Questionnaire
- May 15, 2002: Judge May Make Rulings In Westerfield Case
- May 13, 2002: Westerfield Pre-Trial Still Closed
- May 10, 2002: Westerfield Trial: Pretrial Motions Remain Closed
- May 8, 2002: Reporters Called In Westerfield Trial
- May 8, 2002: DA: Danielle Was Suffocated By Westerfield
- May 7, 2002: Pretrial Motions Start In Westerfield Case
- May 2, 2002: Westerfield Pretrial Motions To Remain Sealed
- May 1, 2002: Court: Westerfield Affidavits To Remain Sealed
- April 25, 2002: DA To Seek Death Penalty Against Westerfield
- April 19, 2002: Westerfield Given Limited Access To Police Records
- April 18, 2002: Press Kept Out Of Van Dam Murder Case
- April 18, 2002: Judge Reviews Cops' Files In Van Dam Murder Case
- April 17, 2002: Westerfield Fights To Keep Search Warrants Sealed
- April 15, 2002: DA: Deny Westerfield Access To Police Records
- April 12, 2002: Lie-Detector Specialist: Westerfield 'Deceptive'
- April 11, 2002: Documents: Dogs Alerted Police To Westerfield
- April 11, 2002: No Live Press For Westerfield Pretrial Hearings
- April 4, 2002: Westerfield Lawyer: Client Abused By Police
- March 28, 2002: Trial Date Set For Van Dam Murder Case
- March 28, 2002: Westerfield To Make Court Appearance
- March 15, 2002: Westerfield To Stand Trial In Van Dam Murder
- March 13, 2002: Westerfield Hearing Takes A Break
- March 12, 2002: Testimony: Police Find Porn On Westerfield's Computer
- March 11, 2002: Witness: Danielle's Body Found Nude, Decomposing
- March 7, 2002: Police Acted Inappropriately Toward Westerfield
- March 4, 2002: Westerfield Affidavits To Remain Sealed
- February 27, 2002: Search Warrants Show Police Sought Child Porn
- February 27, 2002: Danielle's Parents Respond To Neighbor's Arraignment
- February 26, 2002: Van Dam Neighbor To Be Arraigned
- February 26, 2002: Westerfield To Be Charged With Murder
- February 25, 2002: Danielle's Blood Found On Neighbor's Clothing
- February 14, 2002: Police Search Neighbor's House Again
- February 8, 2002: Police: Westerfield Had Child Porn
- February 8, 2002: Investigation Operations Base Leaves North County
- February 8, 2002: Search For Danielle Goes Nationwide
- February 5, 2002: Police Question Neighbor In Missing Girl Case
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