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Westerfield Trial Jurors Back To Work

Day 8 Of Deliberations Begins

POSTED: 7:54 am PDT August 19, 2002
UPDATED: 1:06 pm PDT August 19, 2002

The jury trying to decide the fate of accused child killer David Westerfield returned to the San Diego County Courthouse Monday to begin its eighth day of deliberations.

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

Westerfield, 50, is charged with murder, kidnapping and misdemeanor possession of child pornography in connection with the death of 7-year-old Danielle van Dam.

The twice-divorced, self-employed design engineer could face the death penalty if the jury convicts him of killing his Sabre Springs neighbor and finds true a special circumstance allegation that the second-grader's murder occurred during a kidnapping.

Brenda van Dam discovered her daughter missing from her bed the morning of Feb. 2.

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As of this morning, jurors had deliberated about 31 hours over seven days.

On Friday, the jury asked for a readback of the testimony of San Diego County Medical Examiner Brian Blackbourne and insect expert David Faulkner.

Blackbourne and Faulkner were among a group of witnesses who testified about how insects found on the child's body could help determine when she had been dumped off an East County road near Dehesa.

Faulkner, a forensic entomologist, found 14 insect species on the girl's body when he examined it at the East County recovery site.

The witness testified that fly larvae first infested the body 10 to 12 days before volunteer searchers discovered it on Feb. 27.

On cross-examination by prosecutors, Faulkner conceded that he could not give a maximum time Danielle's body was exposed to the elements. Blackbourne testified that the body was in an advanced state of decomposition and that animals had been feeding on it.

He testified that Danielle died between Feb. 1 and Feb. 18.

Other experts testified that insects infested the body as little as four days before it was discovered to six weeks earlier.

Jurors also have asked for readback of the testimony of San Diego police criminalist Jennifer Shen when she was recalled to answer questions about orange fibers that allegedly link Westerfield to the victim.

Shen testified that orange fibers found wrapped in Danielle's choker matched orange fibers found in Westerfield's laundry. More orange fibers were found on a pillow case in the defendant's master bedroom.

During her second time on the witness stand, Shen acknowledged that if she had known that witnesses at a Poway bar said Westerfield and Danielle's mother had been "dirty dancing," it would have influenced her evaluation of the fiber evidence.

Shen also told prosecutors that the amount of orange fibers found in Westerfield's SUV, home and motor home made it unlikely the fibers were transferred from a third party.

Jurors also have reviewed the pornographic evidence in the case and asked to look at photographs that Westerfield had taken of his ex-girlfriend's teenage daughter. 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.

Nearly 100 witnesses were called during the two-month trial.


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