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Reading of Individual Decisions in Westerfield Murder Trial

Aired August 21, 2002 - 14:15   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


CAROL LIN, CNN ANCHOR: Looking at our monitor here, it appears that the judge is coming back into the courthouse, so let's listen in.
(JOINED IN PROGRESS)

JUDGE WILLIAM MUDD, SAN DIEGO COUNTY SUPERIOR COURT: ... juror number 10, I understand the panel's made a decision; is that correct?

UNIDENTIFIED MALE: That is correct.

MUDD: Kindly hand the verdict forms to my bailiff.

Each of the forms has been properly executed. Please recite the verdicts for the record.

UNIDENTIFIED FEMALE: The people of state of California, plaintiff, versus David Alan Westerfield, defendant, case number (UNINTELLIGIBLE) 165805 verdict: We the jury in the above and titled cause find the defendant, David Alan Westerfield, guilty of crime of murder in violation of penal code section 187(a) as charged in count one of the information. I fix the degree thereof as murder in first degree -- dated August 21, 2002, signed juror number 10, foreperson.

Same title, court and cause, we jury in the above entitled cause find the special circumstance that the murder of Danielle van Dam was committed by David Alan Westfield while the said defendant was engaged in the commission of the crime of kidnapping, in violation of penal code section 207, within meaning of penal code section 190.2(a), (17) to be true -- dated August 21, 2002, signed juror number 10, foreperson.

Same title, court and cause, we the jury in the above entitled cause find the defendant, David Alan Westerfield, guilty of the crime of kidnapping in violation of penal code section 207 as charged in count 2 of the information. And we further find that the victim of the kidnapping was under the age of 14 years at the time of the commission of the kidnapping, within the meaning of penal code section 208(b), dated August 21, 2002, signed juror number 10, foreperson.

Same title, court and cause, we the jury in the above entitled cause find the defendant David Alan Westerfield, guilty of the crime of possessed matter depicting a person under 18 in sexual conduct, in violation of penal code section 3111.11(a), as charged in count 3 of the information, dated August 13, 2002, signed juror number 10, foreperson.

Ladies and gentlemen of the jury, were these and are these your verdicts as read?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED MALE: Yes.

MUDD: Do you desire to have panel polled?

UNIDENTIFIED MALE: Yes, your honor.

MUDD: Do you desire to have the panel polled on all three verdicts or individually?

UNIDENTIFIED MALE: Individually.

MUDD: All right.

Peggy, Poll the jury on each verdict, please.

UNIDENTIFIED FEMALE: As I call your number, please answer yes or no to the question, "What were and are these your verdicts as read?" As to count one, juror number one?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: Juror number two?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: Juror number three?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: Juror number four?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: Juror number five?

UNIDENTIFIED FEMALE: Juror number six?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: Juror number seven?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: Juror number eight?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: Juror number nine?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: Juror number 10?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: Juror number 11?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: Juror number 12?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: The special circumstance verdict will be entered as read, polling being unanimous.

UNIDENTIFIED FEMALE: As to count two, (UNINTELLIGIBLE), Juror number one?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: Juror number two?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: Juror number three?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: Juror number four?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: Juror number five?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: Juror number six?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: Juror number seven?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: Juror number eight?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: Juror number nine?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: Juror number 10?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: Juror number 11?

UNIDENTIFIED MALE: Yes. UNIDENTIFIED FEMALE: Juror number 12?

UNIDENTIFIED MALE: The verdict will be entered as (UNINTELLIGIBLE)

UNIDENTIFIED FEMALE: As to count three, penal code section (UNINTELLIGIBLE), Juror number one?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: Juror number two?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: Juror number three?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: Juror number four?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: Juror number five?

UNIDENTIFIED FEMALE: Juror number six?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: Juror number seven?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: Juror number eight?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: Juror number nine?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: Juror number 10?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: Juror number 11?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: Juror number 12?

MUDD: The panel being unanimous in its polling, the verdict as to count three will also be entered as read.

All right, ladies and gentlemen, as you are acutely aware, this is a rather unique case in the state, and that is that the jury will now, as a result of the allegations and findings, come back together and hear more evidence on what an appropriate penalty will be. It is necessary, then, for a couple of things to take place. Number one, I'm going to have to order all of you back, and don't be concerned -- juror 18, for logistics reasons, is waiting by her cell phone for word when you are coming back. So you will all be required to come back, our alternates as well as the panel.

But it is very important that I go over a couple of things with you. Number one, the penalty phase of the trial is going to start a week from today, namely next Wednesday at 9:00 a.m. is when we are going need you back. That means, obviously, that all of you are going to go back to your normal lives during that week. It is very, very important that you not discuss the case, your deliberations, what went on in the jury room, with anyone, nor offer any opinions.

Now, when this case is over, all of the biographical data involved in you folks, namely your names, addresses and phone numbers, will be placed under seal. As of right now, they are under seal. No one -- and I mean no one -- should contact any of you between now and next Wednesday. If you are contacted by any individual, I want to know about that. I want to know right away. If you can get identification from the person, whatever. I want to know about it. And we will indeed pursue the avenues that I have available to me, limited as they may be, against anyone that attempts to contact you. So the normal admonition that I give to you every single day is still in place, with the added caveat that you should not be contacted whatsoever, and if you are, report it immediately.

In addition to that, the meeting location which has been utilized throughout the course of the deliberations will be the place that you will meet at 9:00 on Wednesday morning.

So at this time, I'm going to discharge not this -- not discharge you -- I'm going to release you until next Wednesday at 9:00 a.m. So please remember the admonition of the court not to discuss any of the evidence, any of the deliberations, nor form or express any opinions on the verdicts or the evidence, or anything, until you are gathered together again on Wednesday -- and the exact date is the 28th of August -- and that will be at 9:00 a.m. in this department.

Those of you that didn't bring your notebooks back, they will be brought back from the jury deliberation room so that they will be on your seat when we start next Wednesday. We are going to have you go out, all of you, including the alternates, go out the back door, just in the off chance that those of you on the main panel may have left something in the deliberation room you need to pick up. But the bailiff's staff will escort you out of the building.

So we will be talking to you ultimately when this over, but in the meantime, we'll see you next Wednesday, at 9:00 a.m.. Have a pleasant week off, folks.

LIN: And there you have it, live out of San Diego, the verdict unanimous: guilty, guilty, guilty in the murder trial of David Westerfield.

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