WITH VIDEO
With the jury completing its eighth day of deliberations without a veredict in the kidnap-murder trial of David Westerfield, the judge in the case has denied a media request to unseal transcripts of closed hearings. Posted on 08/19/2002 4:16:26 PM PDT by FresnoDA
August 19, 2002
WITH VIDEOWith the jury completing its eighth day of deliberations without a veredict in the kidnap-murder trial of David Westerfield, the judge in the case has denied a media request to unseal transcripts of closed hearings.
The motion before Superior Court Judge William Mudd was filed by Guylyn Cummings, the attorney who represents the San Diego Union-Tribune and other media companies.
During the trial, a number of hearings were held outside of public view. Mudd denied the motion, reasoning that the jury was continuing to deliberate in the case and to ensure that "this deliberating jury is not exposed to any more publicity than they're already exposed to."
The jury should be free of a "deluge" of items that were not allowed in the trial, the judge said.
"I don't need the headaches," Mudd said, referring to seeing stories about the closed hearings in The San Diego Union-Tribune.
Mudd lashed out after an editorial in Saturday's Union-Tribune criticized his decision to banish a radio producer from the trial because the station she worked for aired the contents of a closed hearing.
The judge said he "had no idea" that he was the "Saddam Hussein" of the First Amendment in San Diego. The editorial, titled "Judge's overreach," does not mention Saddam Hussein or make allusions to the Iraqui leader. Read the full editorial here.
He said making the sealed transcripts public would cause prejudice that would be "hard to compute."
Mudd said he had no reason to believe that the media would use good judgment in reporting the contents of the closed hearings if it were to be released.
"What the public has heard is what the jurors have heard," the judge said.
Back to work
The jury returned to the San Diego County Courthouse in an attempt to decide the fate of the man accused of killing Danielle van Dam.
In all, Westerfield, 50, is charged with murder, kidnapping and misdemeanor possession of child pornography in connection with the death of the 7-year-old.
As of this morning, jurors had deliberated about 31 hours over seven days.
The twice-divorced, self-employed design engineer could face the death penalty if the jury convicts him of killing his Sabre Springs neighbor and finds true a special circumstance allegation that the second-grader's murder occurred during a kidnapping.
Brenda van Dam discovered her daughter missing from her bed the morning of Feb. 2.
On Friday, the jury asked for a readback of the testimony of San Diego County Medical Examiner Brian Blackbourne and insect expert David Faulkner.
Blackbourne and Faulkner were among a group of witnesses who testified about how insects found on the child's body could help determine when she had been dumped off an East County road near Dehesa.
Faulkner, a forensic entomologist, found 14 insect species on the girl's body when he examined it at the East County recovery site.
The witness testified that fly larvae first infested the body 10-12 days before volunteer searchers discovered it on Feb. 27.
On cross-examination by prosecutors, Faulkner conceded that he could not give a maximum time Danielle's body was exposed to the elements. Blackbourne testified that the body was in an advanced state of decomposition and that animals had been feeding on it.
He testified that Danielle died between Feb. 1 and Feb. 18.
Other experts testified that insects infested the body as little as four days before it was discovered to six weeks earlier.
Jurors also have asked for readback of the testimony of San Diego police criminalist Jennifer Shen when she was recalled to answer questions about orange fibers that allegedly link Westerfield to the victim.
Shen testified that orange fibers found wrapped in Danielle's choker matched orange fibers found in Westerfield's laundry. More orange fibers were found on a pillow case in the defendant's master bedroom.
During her second time on the witness stand, Shen acknowledged that if she had known that witnesses at a Poway bar said Westerfield and Danielle's mother had been ``dirty dancing,'' it would have influenced her evaluation of the fiber evidence.
Shen also told prosecutors that the amount of orange fibers found in Westerfield's SUV, home and motorhome made it unlikely the fibers were transferred from a third party.
Jurors also have reviewed the pornographic evidence in the case and asked to look at photographs that Westerfield had taken of his ex-girlfriend's teen- age daughter. Prosecutors told the jury that one photo of the daughter lying by the pool was sexually suggestive.
Jurors also listened again to a taped interview the defendant gave to a police interrogation specialist on Feb. 4.
Nearly 100 witnesses were called during the two-month trial.
In the MH...none of her hairs were found, except the one in the sink drain trap, 12 of 13 markers. And one on the bathmat that could be from Brenda or offspring.
On the fitted sheet in MB in house..1 light brown hair..not Danielle's....(1) 12.5cm hair..not similar.
Fitted sheet..14cm..not similar....19cm-light brown/blonde hair, not similar, did not appear colortreated.
89C-4.1 (not sure if another lift from fitted or comfortor) 13.5-14cm blonde hair..not similar.
Fitted sheet..4cm..blonde..not similar.
Multicolored comfortor from dry cleaners..1 long blonde hair, 15 1/2cm, tip cut, no match.
From the long sleeve gray Pivot Rule-Lg golf shirt from on top of dryer..numerous dark hairs..1 long blonde hair, no size noted..not similar.
Don't recall any of Danielle's hairs found between comfortor and sheet....the comfortor was in a bag on the bed as a new comfortor so not sure how they came up with that statement.
SO, a lesson for all. Any ATTORNEY on TV (being paid, or just getting FACE TIME) will LIE.
FOX NEWS will allow attorneys that LIE.
Lesson over.
I don't know how many times I've heard that her hair was in his bed. I guess the media subscribe to the belief that if you repeat a lie often enough, people will think it the truth.
There's a lot of disinformation being disseminated on tv and radio re: this trial. Sorry for stating the obvious.
LOL....she does look like a high mile'r for 39.
You just sucking up for vacation updates buddy?? :-)
Hey, wait a minute, how come YOU have the instructions to this? HMMMMM???????
BTW, YOUGOTMAIL!
But, from what I understand, that particular phrase falls into the category as SIMILAR, CLOSE, NEAR, ALMOST, and MAYBE.
Could not exclude for Danielle would also imply COULD INCLUDE any member of the VD family (with the possible exception of Damon).
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