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Westerfield Trial Jury Selection Complete

Six Alternates Picked Friday

POSTED: 9:54 am PDT May 31, 2002
UPDATED: 4:42 pm PDT May 31, 2002

Jury selection was completed Friday in the trial of accused child killer David Westerfield, with the seating of five women and a man as alternate jurors.

Danielle van Dam, David Westerfield
WESTERFIELD TRIAL
DANIELLE VAN DAM 1994-2002

Westerfield, 50, could face the death penalty if convicted of murder, kidnapping, misdemeanor possession of child pornography, and a special circumstance allegation that the killing of Danielle van Dam happened during a kidnapping.

Superior Court Judge William Mudd has scheduled opening statements for 10 a.m. Tuesday.

Video

A six-man, six-woman jury was sworn in Thursday to hear the case against the self-employed design engineer who lived two doors from the victim's home in Sabre Springs.

The jury includes a Hispanic grandfather, two African-American women -- including one from Panama -- three white men, three white women and three people from various ethnic backgrounds. They range in age from the early 20s to 83 years old.

At least 10 jurors said that they favor the death penalty where appropriate. Several have served on juries before.

The jury was selected in less than three days, despite speculation that it could take weeks.

Mudd ruled Friday that the victim's parents, Brenda and Damon van Dam, must stay out of the courtroom until they are called to testify.

"They are percipient witnesses," the judge told prosecutor Jeff Dusek. "You can let them know I apologize."

Mudd said that he was adhering to a common rule to exclude witnesses from the courtroom until their testimony was complete.

More pretrial motions are scheduled to be heard Monday morning, including one behind closed doors.

The trial, which could take three months, will be carried live on NewsChannel 15 and TheSanDiegoChannel.com.

Before jury selection began, Mudd ruled that jurors will hear only limited information on the "swinging" lifestyle of Brenda and Damon van Dam.

The jury also will be allowed to view certain pornographic images -- including photographs of naked children -- that investigators say they found on Westerfield's computer.

Jurors also will hear statements the defendant made to police the day he became a suspect, the judge ruled.

Prosecutors contend the alleged pornographic computer images prove Westerfield's motive was to molest Danielle sexually when he allegedly took from her home the night of Feb. 1.

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

Volunteer searchers found her decomposed body Feb. 27 off a road near Dehesa, in San Diego's East County.


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