Killer Fights Back Tears

SAN DIEGO â€”  Showing emotion for virtually the first time at his six-week trial, convicted killer David Westerfield fought back tears Thursday as his sister recounted how the divorce of their parents and then the deaths of their father and brother left Westerfield depressed and unhappy.

Westerfield wiped his eyes and appeared to have trouble maintaining his composure as his sister, identified only as Tania P., testified how he took charge when their father, a former state legislator in Maine, died in San Diego in 1993.

“He was depressed, but he took care of everything, the hospital bills and the funeral,� she said between sobs. “He sent flowers to everyone and was very sensitive to everybody’s needs.�

The testimony came as Westerfield’s defense attorney presented witnesses to show jurors that Westerfield is not the “worst of the worst� and does not deserve to be executed. Westerfield was convicted last week of the kidnap and murder of Danielle van Dam, 7, whose family lived two doors away in the upscale Sabre Springs neighborhood.

The jury must decide between recommending death or life in prison without parole. If the jury recommends death, Superior Court Judge William Mudd could decide instead to send Westerfield to prison.

If the jury deadlocks, the district attorney could seek a retrial on the penalty phase. If the D.A. did not seek a retrial, Westerfield automatically would be sentenced to life in prison.

Toward the end of the testimony by Westerfield’s sister, Brenda van Dam, the slain girl’s mother, gasped and fled the courtroom in tears. Under gentle questioning by Deputy Dist. Atty. Jeff Dusek, 46-year-old Tania P. had just explained how much her brother enjoyed seeing his children grow into adulthood.

About the deaths of Westerfield’s father and brother, the prosecutor asked Tania P.: “None of these people died at the hands of another, did they?� She replied that both had died of diseases.

Westerfield, who has maintained a stoic demeanor during the trial, seemed particularly upset when Tania P. showed jurors a picture of their brother and father at Westerfield’s high school graduation in San Diego.

At one point, defense attorney Steven Feldman leaned over to Westerfield as if to console him. During the trial, Feldman rarely spoke to his client.

Also Thursday, several people who have worked with Westerfield described his key role in developing medical rehabilitation devices and an undersea camera that could save the lives of divers working on deep-sea oil rigs.

Carmen Genovese described his work with Westerfield on a device to assist people recuperating from knee or hip surgery. “It more than eased the pain,� Genovese said. “It enhanced the healing.�

Tania P. said the family owned an island on a lake in Maine, where the children enjoyed summers swimming and picking berries. The family moved to San Diego in the 1960s, and Westerfield’s father opened a typesetting firm.

David Westerfield attended community college and then worked at several jobs as a draftsman and product designer. He was upset by his parents’ divorce in the 1970s and then by his own two divorces, his sister told jurors.

“I still love him,� said Tania P. as her brother again wiped tears from his eyes.