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Mudd Denies Access To Transcripts As Well As Lineage To Hussein: Van Dams' Sex Life Still In Play!
Union Tribune ^ | August 19, 2002 | San Diego Tribune

Posted on 08/19/2002 4:16:26 PM PDT by FresnoDA

Mudd denies access to transcripts of closed hearings as well as lineage to Hussein


SIGNONSANDIEGO

August 19, 2002

Video WITH VIDEO
Judge William D. Mudd addressed counsel on a motion by defense attorney Steven Feldman regarding media access to jurors in the trial of defendant David Westerfield at San Diego courthouse, August 15, 2002. Westerfield is accused of the kidnapping and murder of seven-year old Danielle van Dam from her Sabre Springs home, last February.  REUTERS/POOL/Dan TrevanWith 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.


TOPICS: Heated Discussion
KEYWORDS: 180frank; vandamswingers; westerfieldrailroad
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To: Rheo; FresnoDA; Mrs.Liberty; demsux; Jaded; RnMomof7; spectre; FriarTom; DoughtyOne; mommya; ...
Another day, another bunch of people out of the pool! As we sit on the sidelines, we keep hearing the plaintive wail--ARE WE THERE YET? Maybe today is the day!

Update on the informal verdict pool: What's your best guess for when the verdict will come in? (actual verdict prediction optional and not recorded)

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."

THE LIST SO FAR

OUT OF THE RUNNING
(SORRY!)

TODAY'S LUCKY PICKS?
STILL IN THE RUNNING!


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


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

SOMETIME IN 2004


Bulldog108

(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.)


121 posted on 08/20/2002 6:27:01 AM PDT by MizSterious
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To: MizSterious
Great job as always MizSterious! I wish I could predict with any accuracy but I have already been wrong once. Maybe it will be today. Maybe it won't but I will predict that it will be several more days. This Friday around noon Pacific time.
122 posted on 08/20/2002 6:41:49 AM PDT by Lauratealeaf
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To: MizSterious; All
Morning Miz..all.

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

123 posted on 08/20/2002 6:42:56 AM PDT by spectre
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To: spectre
SIDEBAR, your honor.

I believe it will become very obvious, as deliberations continue, that certain posters will not SHOW THEIR FACES on any DW/VD thread. Some already guaranteed a GUILTY the first day and have watched that ship sail.

Others are hearing the wind call 'not guilty' and are pulling down their sails.
124 posted on 08/20/2002 6:47:53 AM PDT by UCANSEE2
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To: UCANSEE2
Ah, but it will certainly be...interesting...to watch Nasty Grace's face melt if that verdict turns out to be "not guilty."

Wicked Witch in Wizard of Oz: I'M MELLLLTINGGGGGGGG!!
125 posted on 08/20/2002 6:51:18 AM PDT by MizSterious
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To: spectre
I think it was Lisa Bloom who "suddenly" realized that when they were hearing readbacks, they weren't really "deliberating." She nearly had a stroke on live teevee when she said they've actually deliberated very little, with all the readbacks! (Is this her first trial ever, or what?)

Court TV really needs to hire better people.
126 posted on 08/20/2002 6:53:39 AM PDT by MizSterious
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To: Lauratealeaf
Can't add you to the pool--you'd already chosen the 15th, but I really am starting to think Bulldog108 is going to be our winner!

127 posted on 08/20/2002 6:55:22 AM PDT by MizSterious
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To: All
Larry King Live alert--

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.

128 posted on 08/20/2002 7:04:34 AM PDT by MizSterious
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To: MizSterious
Well, today is my day. How sweet it would be to hear not guilty at 11:00!!!!
129 posted on 08/20/2002 7:07:40 AM PDT by Lucky
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To: MizSterious
Miz, is it too late for me to join the pool? If not, put me down for Thursday, August 22 in the afternoon. I also predict at some point the jury will send the judge a note (let's say today), that they cannot agree on a verdict (and may have already and he is not saying). I think the judge will insist they go back and try again. Final verdict, Thursday.
130 posted on 08/20/2002 7:18:15 AM PDT by Lanza
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To: Lanza
Lanza, no problem--I'll add you to the next update! But only the verdict date--just keep the rest of your predictions handy and mark the message where you made them, in case you're right!

131 posted on 08/20/2002 7:22:06 AM PDT by MizSterious
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To: fatima
What?
132 posted on 08/20/2002 7:22:42 AM PDT by Jaded
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To: Politicalmom
Note to self: Get new vacuum cleaner. Check Consumer Guide.
133 posted on 08/20/2002 7:24:17 AM PDT by Jaded
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To: MizSterious
My husband, Gona B., is adamant the not guilty verdict will come in tomorrow (21st). He doesn't post but he helps me keep up with the trial by watching Court TV when I start yelling and calling Nancy Grace (and others) unladylike names.
134 posted on 08/20/2002 7:26:47 AM PDT by I. Ben Hurt
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To: Jaded
Maybe they have a "DNA Removal" model....
135 posted on 08/20/2002 7:27:02 AM PDT by Politicalmom
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To: I. Ben Hurt
Should I add his name?
136 posted on 08/20/2002 7:28:46 AM PDT by MizSterious
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To: Jaded
Hi Jaded,it is called put down the Catholic's,freepmail me for the rest,I asked not to be pinged to this list in the back room .
137 posted on 08/20/2002 7:28:57 AM PDT by fatima
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To: spectre
Good Morning Spectre, Jaded, Miz, Fres, posting in from "...old Cape Cod>" (Love that song!) Very hot and dry on the Cape. Yesterday went for the 2nd time to the Plimouth Plantation. They show a very nice little slide presentation before the tour. It clearly delineates that the Pilgrims were a very "radical" religious sect. I couldn't help but think that had Clinton been King of England in those days he would have have sent the FBI and ATF to burn their small colony to the ground and kill every man woman and child. It made the hairs on the back of my neck stand up just thinking about it.

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

138 posted on 08/20/2002 7:29:18 AM PDT by Doc Savage
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To: fatima
No, Fatima, it's called dragging a holy name through the mud. If you're going to assume such a name, you should try to assume the attributes instead of pretending to be someone you're not and creating mischief. That's just plain sick. You're the one putting down Catholics by using that name in that way.
139 posted on 08/20/2002 7:31:51 AM PDT by MizSterious
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To: MizSterious
O.K.....Thanks
140 posted on 08/20/2002 7:31:58 AM PDT by I. Ben Hurt
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