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Westerfield Trial Could Last Into Next Week

Jury In Trial Returns Tuesday

POSTED: 7:42 am PDT July 29, 2002
UPDATED: 6:17 pm PDT July 29, 2002

Rebuttal testimony in the David Westerfield trial could last into next week, an attorney for the accused killer of 7-year-old Danielle van Dam told a judge Monday.

Danielle van Dam, David Westerfield
WESTERFIELD TRIAL
DANIELLE VAN DAM 1994-2002
Defense attorney Steven Feldman said he was contemplating calling a professional witness to counteract the testimony of forensic anthropologist Dr. William Rodriguez, who said the victim could have been dead from four to six weeks.

Other entomologists testified that the body could have been at the recovery site in Dehesa anywhere from four to 10 weeks before it was discovered Feb. 27.

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The defense contends Westerfield could not have dropped the body there because he was under intense police surveillance beginning Feb. 5, three days after the girl was discovered missing by her mother.

Deputy District Attorney Jeff Dusek told Superior Court Judge William Mudd that the prosecution's rebuttal case would end Tuesday.

Feldman said he may not have any sur-rebuttal witnesses available until Thursday.

"I would like to get the matter concluded as quickly as we can," Mudd told the attorneys.

There had been speculation that closing arguments could begin as early as this week, but that estimate now seems in jeopardy.

Before the scheduling discussion, Mudd conducted a hearing on what possible jury instructions he may give the panel before closing arguments, and which instructions he may give before the case is submitted to the jury.

The judge said he will make a final decision on which instructions to give following closing arguments.

In a lighter moment, Dusek hit co-counsel George "Woody" Clarke in the head while raising his hand to make a point to the judge.

Shortly thereafter, both prosecutors asked the judge for a break.

Feldman told the judge of his concern that jurors may have seen Larry King's interview on CNN with the mother of slain 5-year-old Samantha Runnion of Stanton, in which she blamed a former jury for acquitting the man now accused of abducting, sexually assaulting and asphyxiating her daughter.

Alejandro Avila was found not guilty in a child molestation case in Riverside County last year.

Mudd agreed to tell the jury in an informal way to be careful about shows that could touch on any subjects related to the Westerfield trial.

Feldman said a documentary on the A&E cable channel featured the so-called "Body Farm," mentioned by Rodriguez as a laboratory in Tennessee where scientists conduct research on how bodies decompose after death.

Westerfield, 50, is charged with murder, kidnapping and special circumstance allegations that could lead to the death penalty if he's convicted of killing the Sabre Springs girl. He is also charged with misdemeanor possession of child pornography.


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