By Harriet Ryan
Court TV
SAN DIEGO David Westerfield's former neighbors told jurors Tuesday that the convicted killer is a selfless man with "family values."
"He was just that extra person you are lucky to have in your children's lives," said Kathleen Miller, who like her husband and two grown sons took the stand in a bid to save Westerfield from a death sentence for the murder of Danielle van Dam.
Jurors, who found Westerfield guilty of the 7-year-old's slaying two weeks ago, could begin deliberating Westerfield's fate as early as Wednesday. They must weigh the aggravating circumstances, such as the heinousness of Danielle's killing, against mitigating factors, such as prior good works, and decide unanimously whether to sentence him to lethal injection or life in prison without parole.
A total of nine witnesses, including Westerfield's high school sweetheart, testified on his behalf Tuesday. His two children are expected to close the defense's case Wednesday.
The Millers, who met Westerfield and his wife in their suburban neighborhood in 1987 and remained friends with him after he divorced and moved to a home just two doors from the van Dams, gave the most intimate portrait yet of the 50-year-old engineer. Westerfield's sister and ex-girlfriend, who testified last week, offered almost no testimony about his character perhaps part of a defense strategy to limit such testimony so prosecutors could not introduce contradictory evidence during rebuttal.
But the Millers gave effusive and glowing portraits of Westerfield as a conscientious neighbor and doting father. Prosecutors moved to admit some rebuttal testimony during a closed door hearing Tuesday afternoon. It was unclear whether Judge William Mudd would admit the evidence or if it stemmed from the Millers 'testimony.
Alden Miller said his family was inseparable from the Westerfields, gathering for evenings of Pictionary and Trivial Pursuit or taking camping trips to the desert. He displayed one snapshot of Westerfield grinning at a picnic table and another of him and his ex-wife, Jackie, at a birthday party.
"He was very cautious of the children's behavior so they did not get injured or were in harm's way," Miller said.
His wife recalled how the families celebrated milestones, including graduations and birthdays together. With her voice quivering, she said Westerfield helped plan her surprise 50th birthday party.
"David got everyone to come," she said, prompting a small smile from the defendant.
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| Michael Miller described his former neighbor, David Westerfield, as a "family member." |
Her older son, Michael, an attorney, seemed to bring Westerfield close to tears when he said, "David's a family member in my mind." He showed the jury a photo of him posing with Westerfield at his college graduation. He said Westerfield helped him move his belongings that day and on two other occasions.
"That's the kind of guy David is to me. He would do those kinds of things without a second thought," said Michael Miller. "He's really one of those people who has helped me get where I am today."
The younger son, A.J., a wildlife biologist, said Westerfield was a mentor to him and a sympathetic listener when he and his parents argued.
"I went to David because I felt comfortable with him," he said.
On cross-examination, prosecutor Jeff Dusek suggested that the Millers never got to see the real Westerfield, a man the prosecution has alleged was fixated on sex with young girls and who once fondled a niece.
"Did you have any girls?" Dusek asked Alden Miller.
"No," he conceded. "I have two boys."
"Thank you, that's all," said Dusek.
Jurors also heard from the woman who accompanied Westerfield to the senior prom. Margaret Hennon acknowledged that she hadn't seen Westerfield in almost 30 years, but she described the year they spent dating as a happy time.
"He bought me these earrings," said Hennon, putting her hands behind her ears and leaning toward the jury.
She said Westerfield was a passionate, artistic person who dreamed of being an architect.
"He asked me to marry him, so he was an important person in my life," she said.
Two of Westerfield's aunts also testified Tuesday, but their turn on the stand seemed to add little to his defense. Ina Bousslout said she spent childhood summers with Westerfield in Maine, but she appeared to know little about his adult life, including his two failed marriages.
"Did you know the defendant's wives?" asked prosecutor Dusek.
"I think I met them," said Bousslout.
Another aunt, Andrea Wittwer, said she hadn't seen him in 22 years and did not contact him after his arrest.
"I wasn't sure that was appropriate," she said.
Danielle's parents, Brenda and Damon van Dam, did not attend court Tuesday.
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