prosecution's entomologist testified that Danielle's body could have been colonized as early as February 2. In closing arguments, Feldman argued that no evidence of Westerfield was found in the van Dam residence, or at the body dump site, and that a foreign hair found under Danielle's body was not his. In rebuttal, Dusek argued that it is plausible for an intruder to enter a home without leaving trace evidence, especially if he is taking appropriate precautions. Conversely, Dusek argued, the nature and volume of Danielle's trace evidence in Westerfield's home and motor home, and on his jacket, allows no reasonable explanation other than guilt. The trial lasted two months and concluded on August 8. On August 21, the jury found Westerfield guilty of first degree murder, kidnapping, and possession of child pornography. During the penalty phase of the trial, Westerfield's 19-year-old niece testified that, when she was 7 years old, her uncle entered his daughter's bedroom, where the niece was spending the night with her parents while attending a party, and woke up to find him rubbing her teeth. She said she bit his finger as hard as she could, then went downstairs to tell her mother. Westerfield was questioned about the incident at the time by his sister-in-law, where he explained that he had entered the bedroom to check on the children, and was trying to comfort her. The incident was then forgotten. The penalty phase ended on September 16 when the jury rendered a verdict of death against Westerfield. In January 2003, Judge William Mudd sentenced Westerfield to death. Aftermath Westerfield is currently incarcerated at San Quentin State Prison while his appeal is pending. Because of the continuing 2006 moratorium on executions in California, and the July 2014 ruling on the unconstitutionality of the death penalty in California, it is not known when or if Westerfield will face execution. The van Dams sued Westerfield, but the case was settled out of court. The van Dams were awarded $416,000 from several insurance companies who insured Westerfield's home, SUV, and motor home. The settlement also prevents Westerfield from ever profiting from his crime. When the trial was over, the media, quoting unnamed police sources, reported that Westerfield's lawyers were just minutes away from negotiating a plea bargain when a group of private citizen searchers organized by the Laura Recovery Center found Danielle's body. According to these reports, under the deal