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.
There is no "prize," but the winner(s) get to be called "winners" and have the right to say "I told you so;" we're still negotiating about "neener neener neeners."
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OUT OF THE RUNNING
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TODAY'S LUCKY PICKS?
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STILL IN THE RUNNING!
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MONDAY AUGUST 12TH Small-l-libertarian Countess - By 4 pm FresnoDA - Afternoon TUESDAY AUGUST 13TH It's Me Pyx - Mid-afternoon WEDNESDAY AUGUST 14TH Mommya - 2 hours after jurors come in Mr.Stiv - Before lunch break MizSterious Greg Weston Dave in Upland - Between noon & break Spectre - 2 pm Basscleff - Afternoon I.Ben Hurt - Afternoon THURSDAY AUGUST 15TH Shezza - Before lunch Mrs. Liberty - Noonish Domestice - Afternoon JRabbit - Afternoon Henrietta - Afternoon is_is - Afternoon Lauratealeaf - 2 pm Rheo - 3 pm ThreeYearLurker - 3 pm Crystalk - 3:33 pm VRWC_minion FRIDAY AUGUST 16TH Pinz-N-Needlez - Morning, first thing The Other Harry - 10 a.m. Krodg - Morning Calawah - Before noon Brneyedgirl - Before noon Demsux - Noonish Cappsmadness - Post noon Juzcuz - 2 pm RnMomof7 - 2 pm deadlocked 1st time Nycgal - 3 pm MagnoliaMS - 4 pm Jaded - Afternoon MONDAY AUGUST 19TH
theirjustdue - 11 am dread78645 - Midmorning ItsOurTimeNow - 3 pm |
TUESDAY AUGUST 20TH
Lucky - 11 am Gigi - Morning RnMomof7 - 2:30 pm deadlocked 2nd time A Garrett
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WEDNESDAY AUGUST 21ST Kerensky - 2 pm John Jamieson Ucansee2 THURSDAY AUGUST 22ND Space Wrangler Fnord - 11 am Droid - 2:22 pm Alexandria - Afternoon FRIDAY AUGUST 23RD Moody - 11 am bvw - Afternoon Irgbar-man - 4:45 pm MONDAY AUGUST 26TH Hoosiermama - Before noon TUESDAY AUGUST 27TH (None) WEDNESDAY AUGUST 28TH L,Towm |
(Note: All times PDT; if this thread gets real long, you might want to send your choices via freepmail or post them on the Refugee site--often I quit reading them when they're very, very long.)
I think Las Vegas must be making book on how many hours a day the Jury will be in session, before they leave for the day.
Yesterday, they met for 4 hours, according to CTV. "One of the Juror's fell ill and they all went home"...whine, whine, whine...
(giggle, giggle, giggle).
sw
UPCOMING GUESTS ON LARRY KING LIVE
Tuesday, August 20 -- Nine days and still no verdict in the murder trial of David Westerfield, charged with felony murder and kidnapping in the February killing of 7-year-old Danielle van Dam. What will the jury decide and when? Our panel of experts debate the latest developments in the case.
Speaking of Arlen Specter and Polish Law (never could figure that one out!) I see the jury is still out. Actually spec, I wanted to respond to your post. Like you, the jacket cleaning never made sense. But as I have posted before, Why dump the body to be found and give the police a ready-made crime scene. He could have deep-sixed her at any time and they'd still be looking. But no, he's such a nice guy, he just can't do it.
Will think of you (briefly) in the clubhouse this afternoon after I break the course record (most shots!) and I'm sipping a cool adult beverage of my choice.
Doc
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