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Penalty phase of Westerfield trial resumes

Jurors will choose between life in prison or the death penalty for Westerfield.

SAN DIEGO, California (CNN) -- The sentencing phase in the trial of convicted killer David Westerfield resumed Tuesday as his attorneys continued efforts to persuade a jury to spare his life.

Prosecutor Jeff Dusek is seeking the death penalty for Westerfield, 50, convicted last week of kidnapping and murdering a 7-year-old neighbor, Danielle van Dam.

Defense testimony is expected to last through most of the day, with closing arguments expected Wednesday, first from the prosecution, the from the defense. Jurors will begin deliberations after receiving instructions from Superior Court Judge William Mudd.

The child's mother fled the courtroom in tears Thursday during defense witness testimony that Westerfield had seen his own children grow up and pass through various milestones -- ones the slain 7-year-old would never experience.

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

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Westerfield showed rare emotion Thursday, wiping away tears as his sister recounted events such as deaths and break-ups in the family.

Also last week, the prosecution presented its case with testimony from Danielle's parents and teachers, and from relatives of one of Westerfield's former wives.

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

In his opening remarks, defense attorney Steven Feldman told the jury, "We accept your verdict," but added he was afraid that 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.