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Westerfield Judge Rules Death Penalty Is Valid

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From Times Staff and Wire Reports

The judge in the David Westerfield trial on Friday rejected a defense motion that the death penalty is unconstitutional and violates the prohibition against cruel and unusual punishment.

Superior Court Judge William Mudd said the death penalty “is working in the state of California” and is not applied “willy-nilly.”

Jurors are set to resume deliberations Monday on whether Westerfield should be executed or sentenced to life in prison for the kidnap and murder of Danielle van Dam, 7.

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