SAN DIEGO --

Video

A Simple Question, But Not An Easy One

The jury in the David Westerfield case is deliberating for a second day today, trying to decide whether the former Sabre Springs resident should get the death penalty or life in prison for killing Danielle van Dam.

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

Jurors deliberated for about 90 minutes Wednesday after a set of emotional closing arguments at the conclusion of the trial's penalty phase.

Prosecutor Jeff Dusek told the six-man, six-woman jury that Westerfield, 50, deserved to die for kidnapping and killing an innocent 7-year-old neighbor.

"This man has gone so far beyond the line of decent society that he has to pay the ultimate punishment -- the ultimate price," Dusek said. "His conduct brought us all to this point. Make no mistake about that."

Dusek challenged a defense contention that Westerfield was not the "worst of the worst."

"How can you do this to a young child?" the prosecutor asked. "Take her and do this. He took her out of her own bed. It's unimaginable what he did to that child and for how long he did it."

Westerfield's lead attorney, Steven Feldman, told the jury his client would be housed in a 5-by-8 cage forever if he is sentenced to life in prison.

"He will never walk the streets again, no matter what. You've guaranteed that already," Feldman said.

"Mr. Dusek says that's not enough, that we need to kill him. We need to load the needle, we need to strap him on a gurney, we need to take that needle, and we need to kill him -- like a dog."

Feldman told jurors there was cheering on the street in front of the San Diego Hall of Justice when they convicted Westerfield of first-degree murder.

"Our community has got a lust for the killing of David Westerfield," the attorney said. "I fear you'll return a verdict of death to placate the blood-lust on the streets of San Diego. That's not the right thing to do."

A society is judged on how it treats its worst, the attorney said. Taking a life for a life is not taking the high road, Feldman told the jury.

"I am pleading for life," Feldman said. "I know that is the way of the future."

Westerfield was brought up by a good family in Maine, was not abused and had no financial problems, Dusek said.

"He had very little to overcome," the prosecutor said. "He had it all."

Dusek told the jury that it could consider an incident about 12 years ago in which Westerfield wandered into a room where his young niece slept and stuck his fingers in her mouth.

The niece -- now 19 -- would have been about 7 years old at the time, the same age as Danielle, the prosecutor said.

The girl told her mother what happened, but Westerfield talked his way out of it when confronted, Dusek said.

The subject didn't come up again until Westerfield mentioned it to a police interrogation specialist after his arrest, Dusek said.

Dusek said Westerfield learned a lesson from the incident with Jenny N.

The lesson learned, Dusek said, was that if "you do something like that -- they're going to tell -- if they live," the prosecutor told the jury.

The defendant "is not the saint that has been portrayed," the prosecutor said, urging the jury to give Westerfield the punishment that is "just and appropriate."

"Does he get what he deserves or what he wants?" the prosecutor asked.