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Thelma Gutierrez: Killer Westerfield's fate

CNN's Thelma Gutierrez

(CNN) -- A California jury on Monday recommended that David Westerfield be executed by lethal injection for the February kidnapping and murder of his 7-year-old neighbor, Danielle van Dam. CNN Correspondent Thelma Gutierrez talked Monday night to CNN Anchor Miles O'Brien about the jury's recommendation.

GUTIERREZ: Well, Miles, the jury had been deliberating in the penalty phase of this trial of 50-year-old Westerfield since September 4. The same 12 men and women who convicted David Westerfield of kidnapping and murdering 7- year-old Danielle Van Dam also announced their verdict Monday. They gave him the most severe penalty for that crime.

As he has through most this trial, David Westerfield stared straight ahead and showed very little reaction. He had a slight tremor as that verdict was read.

Now, just a few moments ago, that jury, Miles, was formerly discharged. The group of six men and six women who were impaneled back in June were thanked by Judge William Mudd and sent on their way. They have set a new hearing for November 22. On that day, Westerfield will be formally read the death penalty. From there, he will sent to San Quentin, where he will sit on death row and possibly await years of appeals.

Earlier today, right before noon, the jurors sent the judge a note saying that they were deadlocked; they could not reach a verdict. And then minutes later, they sent the judge another note saying they had reached a verdict.

And now, those jurors are now free to speak to the media, Miles. Judge William Mudd lifted the gag order. Those jurors will be entering the courtroom, those who choose to speak and make their identities public, will be able to address the media finally -- Miles, back to you.

O'BRIEN: Thelma, as I understand it, according to California law, the judge has the rights and prerogative to turn this into a life-without-parole sentence -- has that been ruled out in the case with Judge Mudd?

GUTIERREZ: Well, you know, technically, Miles, I guess you can say that that is true, that is exactly what Defense Attorney Bob Grimes had said earlier. Though that's not something that will happen. In fact, they said that what could -- he could go back and say -- he could reduce it to life in prison without the possibility of parole, but these are people who have been impaneled for many months now, who have been doing a lot of work, and so, they say it is really just not likely that the judge will overturn the jury's verdict.

O'BRIEN: OK, CNN's Thelma Gutierrez, thank you very much from San Diego, we appreciate it.