SAN DIEGO -- A judge delayed sentencing Friday for David Westerfield, the man who kidnapped and killed 7-year-old 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

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Mudd: 'I'm In A Box And I Have No Choice'

Judge William Mudd reluctantly continued sentencing until Jan. 3. A jury has recommended that the 50-year-old engineer die by lethal injection.

Mudd said that under California law, all cases that could result in the death penalty must be automatically appealed. However, defense attorney Steven Feldman has not yet filed the appeal, which forced the judge to postpone the sentencing.

"I'm in box and I have no choice. I'm prepared to grant a continuance, but it's for a limited amount of time," Mudd said.

"I am really let down by the decision, by the fact that the defense wasn't prepared," said Brenda van Dam in a news conference after the hearing. "We wanted to have this part behind us for the holidays and it just makes it difficult."

Click here to learn more about the van Dam's reaction to the delay.

Feldman said he had undergone surgery and dealt with numerous other motions and hasn't had time to file the required appeal.

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Van Dam's React To Delay Brenda: 'I'm Really Let Down' Hear From Van Dam's Attorney

In court, Feldman also said he needed more time to research potential new evidence that Danielle was killed in her bedroom. He cited an unnamed police source quoted in the October issue of San Diego Magazine as the source of the information.

Mudd rejected that request.

"It appears to me to be nothing more than the speculative belief of some unnamed police source," Mudd said. "There is absolutely no physical evidence that confirms the theory."

If Danielle was killed in her bedroom, it would mean that Westerfield was innocent of the kidnapping charge that made him eligible for the death penalty.

Prosecutors said the defense request was based on speculation, and no evidence exists of a violent assault in the girl's bedroom. All the evidence in the case was turned over to the defense, they said.

"What the defense is asking for is not evidence," said Deputy District Attorney Jeff Dusek, saying the magazine contained only theories.