SAN DIEGO -- With the end of the prosecution's case in sight, the judge in the David Westerfield murder trial pressed a defense attorney Thursday on what witnesses he intends to call.

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

"I have to believe you know where you're headed," Superior Court Judge William Mudd told defense attorney Steven Feldman.

LIVE Trial Coverage Resumes 9 a.m. Tuesday

Feldman asked for and received a private meeting with Mudd to explain his intentions.

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"We're not playing games on this," Feldman told the judge in open court. "We're scrambling. I really can't tell you who I intend to call."

Westerfield, 50, is charged with murder and kidnapping in the February death of 7-year-old Danielle van Dam. He also is charged with misdemeanor possession of child pornography. He could get the death penalty if convicted.

After a closed-door hearing on Monday, Mudd will rule on whether prosecutors can call one final witness. Once that is resolved and the testimony is or isn't heard, the defense will begin calling its witnesses.

With the jury taking the day off, Deputy District Attorney Jeff Dusek complained to Mudd Thursday that he has no idea who the defense intends to call.

In his opening statement, the defense attorney said the child's nude body could have been placed off a road in Dehesa as late as Feb. 16, a dozen days after his client came under 24-hour surveillance by law enforcement.

Feldman said he would call a county bug expert to testify to that fact.

"That is absolutely incorrect," prosecutor George Clarke said, taking issue with the characterization of the anticipated testimony.

Prosecutors theorize Westerfield killed the 7-year-old and dumped her body at the East County site shortly after she disappeared Feb. 2.

Volunteer searchers found the girl's decomposing body on Feb. 27.

Mudd ruled that jurors would have access to two binders full of pornographic photographs -- excluding ones depicting bestiality -- during deliberations, but only if they ask to see them.

Feldman made an obvious legal tactical decision when he questioned a witness about the number of child pornography images found on Westerfield's computer, the judge said.

Mudd ruled before the trial that the jury would see only 13-to-17 images taken from the computers.

Feldman -- in his cross-examination of police computer forensics examiner James Watkins -- seemed to suggest that those were the only images of child pornography found on the computers.

Watkins testified that he found at least 8,000 images that he deemed pornographic.

Of those, 85 "questionable" photos of underage females were discovered, Watkins said.

"The jury was badly misled," Clarke told the judge.

Mudd also denied a renewed request by Feldman to sequester the jury.

Dusek said he would ask for a delay in the trial if Feldman did not provide background information on potential defense witnesses.

Feldman said he could be done with his case by July 15.