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Westerfield Jury Into Fifth Day

Jurors Spent Tuesday Listening To Police Interview

POSTED: 11:21 am PDT August 14, 2002

Jurors Wednesday began a fifth day of deliberations in the trial of David Westerfield, accused of kidnapping and murdering 7-year-old Danielle van Dam, the daughter of Sabre Springs neighbors.

Danielle van Dam, David Westerfield
WESTERFIELD TRIAL
DANIELLE VAN DAM 1994-2002
Westerfield, a self-employed design engineer, is charged with murder, kidnapping and misdemeanor possession of child pornography in connection with the death of the second-grader, whose body was found in Dehesa Feb. 27.

The 50-year-old defendant could face the death penalty if the jury finds true a special circumstance allegation that the murder of Danielle happened during a kidnapping.

Since it got the case Thursday, the jury has asked to review all of the pornographic evidence in the case, as well as look at photographs that Westerfield had taken of his ex-girlfriend's teenage daughter, according to court documents.

Video
Prosecutors told the jury that one photo of the daughter lying by the pool was sexually suggestive.

Jurors also listened again to a taped interview the defendant gave to a police interrogation specialist on Feb. 4, two days after Danielle's mother discovered her missing from her bed.

In the interview, Westerfield made a reference to "we" when describing his 550-mile trip through San Diego and Imperial counties on Feb. 2 and Feb. 3.

The defendant told authorities he took the drive by himself.

Tuesday, Superior Court Judge William Mudd denied a motion on behalf of KFMB-Radio assistant producer River Stillwood to allow her back into his courtroom.

"The only thing I can do is control my own courtroom," the judge said. "She's out and will remain out."

Stillwood, who works on "The Rick Roberts Show," was kicked out of the courtroom Aug. 8, the morning after her station reported what happened in a closed-door hearing the night before.

Media attorney Joann Rezzo told the judge that Stillwood cannot reveal the source of the leak because she doesn't know who it was.

Mudd said an internal investigation was under way to find out who gave the information to KFMB.

The trial, which started June 4, included 23 days of testimony, 98 witnesses and 199 court exhibits.


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