David Westerfield, the neighbour who bought Girl Scout cookies from 7-year-old Danielle van Dam days before she vanished from her bed, was found guilty of her kidnap and murder yesterday by jurors who now must decide if he should die for the harrowing crime.
Danielle's mother, Ms Brenda van Dam, broke into sobs and gasped "oh, my God," as a court clerk read the verdict convicting Westerfield (50) of Danielle's murder last February - one of the first in a series of high-profile child abductions that have horrified the US this year.
Ms Brenda van Dam collapsed, crying, against Danielle's father, Mr Damon van Dam, as the clerk read subsequent guilty verdicts against Westerfield, who lived two doors away from them, for kidnapping and possession of child pornography. One member of the jury also wiped away tears.
Westerfield, the twice-divorced father of two who showed little emotion during a two-month trial that transfixed California's second-largest city and much of the nation, appeared pale and trembled as the verdicts were read.
Superior Court Judge William Mudd ordered the jury to return next Wednesday for the penalty phase, in which they will listen to witnesses for both sides before deciding whether Westerfield should be executed or face life in prison without the possibility of parole. Deputy District Attorney Mr Jeff Dusek said during his closing argument in the case that a single drop of Danielle's blood discovered on Westerfield's jacket and confirmed as hers through DNA tests was the "smoking gun" in the case.
Danielle was snatched sometime after going to bed on the night of February 1st and remained missing for nearly a month despite an anguished search. Her badly decomposed body, naked except for the plastic choker necklace she always wore, was found under a tree beside a back-country road on February 27th. - (Reuters)