CNN.com - Danielle's mom flees court in tears

Westerfield smiles during the penalty phase of his murder trial Thursday.

SAN DIEGO, California (CNN) -- Danielle van Dam's mother fled the courtroom in tears Thursday during defense witness testimony that her child's convicted killer had seen his own children grow up and pass through various milestones -- ones the slain 7-year-old would never experience.

Prosecutor Jeff Dusek is seeking the death penalty for David Westerfield, 50, convicted August 21 of kidnapping and murdering his young neighbor.

Under the felony murder charge, Westerfield was accused of killing Danielle during the commission of another crime -- kidnapping -- a special circumstance which makes him eligible for capital punishment. The jury unanimously found the special circumstances to be true.

During cross-examination of Westerfield's relatives and former co-workers in the trial's penalty phase, Dusek seized every opportunity to bring out the "good life" Westerfield had with his family.

"He's been able to enjoy the growth of his children and he seems to know how important that is to a parent, doesn't he?" Dusek asked Westerfield's younger sister.

At that point, loud sobs could be heard.

"Mrs. van Dam has audibly left the courtroom. Ladies and gentlemen of the jury, please disregard the outburst," said San Diego County Superior Court Judge William Mudd.

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Defense witnesses portrayed Westerfield as a caring and helpful man and described how his engineering skills had contributed to the design of various health care products.

In cross-examination Dusek was quick to downplay Westerfield's contributions, asking each of Westerfield's former business associates if the defendant wasn't just one of many who had made contributions as part of his job.

'Uncomfortable' incident recounted

The prosecution presented its case Wednesday with testimony from Danielle's parents and teachers and from relatives of one of Westerfield's former wives.

A niece, identified only as "Jenny," testified about an incident when she was 5 or 6 years old in which Westerfield came into a room where she was sleeping, put his fingers in her mouth and rubbed her teeth.

She said the incident, which happened about 12 years ago during a family party, left her feeling "uncomfortable," so she told her mother.

Jenny's mother -- who is married to the older brother of Westerfield's ex-wife, Jackie, and identified in the courtroom as "Jeanne N." -- testified her daughter came downstairs that night to tell her what had occurred.

"I went and found Dave because I wanted to know what had happened," Jeanne N. said. "He said [Jenny] had been fussing in her sleep and he was comforting her."

"It seemed like a reasonable explanation. I didn't question it further," she testified.

Jenny told the jury there were no other incidents with her uncle, and both she and her mother said the families continued to interact with Westerfield and his family, including taking overnight trips together.

'Be a mommy like me'

Danielle's parents, Brenda and Damon van Dam, also testified for the prosecution Wednesday.

Fighting back tears, Brenda van Dam spoke of Danielle's desire "to be a mommy like me" and "to be a teacher and a veterinarian."

She said when she heard a child's body had been found, she hoped it wasn't Danielle.

"I wanted my daughter to be alive," she said, wiping away tears.

"A lot of time I can't sleep at night and I go in [her room] to cry, to try to feel her," she said. "She was one of the most precious gifts anyone could receive."

Damon van Dam said the girl's brothers, Derek and Dylan, have "recovered somewhat," but they are not back to where they were before Danielle disappeared.

"They have separate rooms, but they sleep together in Derek's room now," he said.

Danielle was described by two of her teachers as "a very sweet, polite, hard-working little girl" and "a child who wanted to do her work and please people around her."

One of the teachers, Ruby Puntenney, also testified about Brenda van Dam, the girl's mother, whom the prosecution had painted as an irresponsible mother whose lifestyle had contributed to setting the stage for Danielle's murder.

Both teachers said Brenda was a frequent volunteer for field trips and often helped at the school in other ways.

Mudd denied a motion for a mistrial Wednesday, rejecting a defense argument that the testimony had gone beyond the scope of case law on victim impact statements.

In his opening remarks, defense attorney Steven Feldman told the jury, "We accept your verdict," but added he was afraid jurors would be unduly influenced by community pressure.

"Your ultimate responsibility to decide whether David Allen Westerfield lives or dies is only your decision -- no one else's," Feldman said.

"Westerfield ... is not the worst of the worst. We will show you he has a life history of doing good," he said.

Defense testimony resumes Tuesday morning. Mudd said he expects the jury will have received its instructions by Wednesday or at least will have heard all the deliberations.