After five days of deliberation, the jury in the San Diego murder trial of David Westerfield (convicted two weeks ago for the murder of 7 year old Danielle Van Dam) came back today with a recommendation he be sentenced to death.

The jury returned this morning after four days off, deliberated two hours and sent a note to the judge saying they were deadlocked. Then they went to lunch. They came back from lunch and sent a note to the judge saying they wanted more time to deliberate. Ten minutes after that note they sent another note that they had reached a verdict.

The defense moved for a mistrial arguing the jury had to have discussed the case at lunch which the court's instructions forbid. The judge denied the motion.

The Judge could override the jury's verdict and sentence Westerfield to life without, but California experts say this is rarely done.

We hear Hannity and Colmes will be discussing this case around 9:30 ET on the Fox News Channel . Sean Hannity takes the position that the parents are "morally culpable" for their daughter's death due to their "swinging lifestyle" and pot use which resulted in their bringing strangers into their home.

We think life without ("lwop") was the more appropriate result. In weighing the aggravating and mitigating factors, you have the heinousness and brutality of the child's murder on the one side, and Westerfield's lifetime of no criminal conduct, kids who still love him and testified he was a good dad and his usefulness to society (through inventing and patenting medical devices for the ill and injured) on the other. We think the mitigators outweighed the aggravators, but we know we're in the minority on this.