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Dusek: The Case Is Simple

Judge Mudd Gives Jury Instructions

POSTED: 11:34 am PDT August 5, 2002
UPDATED: 11:23 am PDT August 6, 2002

David Westerfield visibly squirmed Tuesday as prosecutor Jeff Dusek told a jury in closing arguments who he believes kidnapped and murdered 7-year-old Danielle van Dam.

Danielle van Dam, David Westerfield
WESTERFIELD TRIAL
DANIELLE VAN DAM 1994-2002
"He dumped her body like a piece of trash," Dusek said.

Earlier, Judge William Mudd gave instructions to the jurors. That took about an hour.

The prosecution's arguments are expected to go past the lunch hour and may last much of the day. The defense closing will follow. And then the prosecution will get a chance to respond.

Westerfield, 50, is charged with kidnapping, murder and a special circumstance allegation that the killing of 7-year-old Danielle van Dam occurred during a kidnapping.

The former Sabre Springs resident also faces a misdemeanor charge of possession of child pornography.

Danielle's mother discovered her missing from her bed the morning of Feb. 2. Police immediately focused on Westerfield, a neighbor who was put under surveillance beginning Feb. 5. He was arrested Feb. 22.

The second-grader's body was found Feb. 27 by volunteer searchers near Dehesa, in San Diego's East County.

The defense contends Westerfield couldn't have killed the child because insect-infestation evidence indicates her body was dumped at the site at a time when police were watching the defendant. But prosecutors say the defendant could have stuffed the victim in a container, then disposed of her partially mummified body immediately or days later.

If the jury finds Westerfield guilty, it will be asked to recommend the death penalty or life in prison without the possibility of parole.

Mudd and the attorneys in the case spent about an hour Monday morning finalizing the jury instructions.

When Feldman proposed a special instruction on whether the victim was unintentionally killed in her bedroom, prosecutor Jeff Dusek responded that the defense attorney should "change the law if he doesn't like it."

Mudd said he would not give the instruction, reminding Feldman that the child's fingerprint was found in Westerfield's motor home.

Although no time limit was put on the attorneys for their closing arguments, Mudd urged them to be direct and to the point.

"Brevity is the spice of life," the judge said. "It's up to your individual styles."

Video
The judge Monday again denied Feldman's request to sequester the jury during deliberations.

"This is a hearty group of people," Mudd said. "They don't want their lives disrupted. That's exactly what sequestration would do."

Mudd said the prosecution and the defense will each be given four additional seats in the courtroom during closing arguments.

Brenda and Damon van Dam, the victim's parents, will be allowed to bring in one support person, the judge ruled.

Three seats will be made available to immediate family members of the defendant, leaving 10 seats each for the media and the public.


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