Death For Danielle's Killer?

The penalty phase of the David Westerfield trial is scheduled to begin today with prosecutors presenting testimony about the death of Danielle van Dam and its effect on her family.

The same jury that found David Westerfield guilty of kidnapping and murder his 7-year-old neighbor will return to court to decide if he should be put to death, reports CBS News Correspondent Steve Futterman.

This will be like a mini-trial, with both sides presenting opening statements and witnesses called.

Deputy District Attorney Jeff Dusek has said he expects to take more than a day to present the prosecution's case for the death penalty. He also is expected to call witnesses who will talk about how Danielle van Dam was killed, and how that has impacted her family.

The judge has also granted prosecutors permission to show jurors a videotape of Danielle, who lived two doors from Westerfield until she was kidnapped from her bedroom in February.

Defense attorney Steven Feldman has said he may call up to 10 out-of-state witnesses, but neither side has revealed details about who will testify.

Westerfield, a 50-year-old self-employed engineer and divorced father of two grown children, was convicted Aug. 21 of kidnapping, murder and possession of child pornography.

The jury must reach a unanimous verdict to recommend death by lethal injection, the only form of capital punishment allowed in California. The only other option for Westerfield is life in prison without possibility of parole. The judge will sentence him at a later hearing.

Danielle was reported missing Feb. 2, prompting a massive searching involving thousands of volunteers and police officers. Her nude body was found nearly a month later along a rural road east of San Diego, too decomposed for the coroner to determine the cause or exact time of death.