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.
(Posted with permission of Registered...FDA)
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SAN DIEGO -- Jurors in San Diego this morning began their eighth day of deliberations in the kidnap-murder trial of David Westerfield. The panel has met for about 31 hours since receiving the case. On Friday the jurors asked to review the testimony of a county medical examiner and of an insect expert who was a defense witness.On Friday, the jury asked to hear a transcript of the testimony of San Diego County Medical Examiner Brian Blackbourne and insect expert David Faulkner. The men were among the 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, 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 had been at the location.
Blackbourne testified that the body was in an advanced state of decomposition and that animals had been feeding on it. He said that he could not determine an accurate time of death, but he said Danielle died between Feb. 1 and Feb. 18.
Other experts gave conflicting analyses the insect evidence collected by Faulkner and came up with conflicting conclusions. An expert testifying for the defense said the first insect infestation could may have taken place as little as four days before Danielle's body was found. An expert for the prosecution concluded that the body could have been dumped the day that she disappeared.
Jurors have also asked to review the testimony of a San Diego police criminalist who answered questions about orange fibers that allegedly link Westerfield to the Danielle's body. Earlier, they reviewed the pornographic evidence in the case and asked to look at photographs that Westerfield had taken of his ex-girlfriend's teenage 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.
Is it possible that it still could be Danielle's hair from a previous visit to the MH, when possibly her hair was much shorter? Also, not every hair on our heads is of uniform length. Is it possible that either of the boys could have "dropped" a hair before they had their hair cut???
230 posted on 8/19/02 7:48 PM Eastern by CAPPSMADNESS
does this sound reasonable you you guys???
The Jackals have hauled butt out of here...tail between their legs.
They are discussing the TRIAL on O'Reilly.
A thought just occured to me about DW taking the jacket to the Dry Cleaners with ALLL that blood on it.
WHY would someone as smart as DW take a jacket to the dry-cleaners to have them remove the evidence? He would NEVER have done this...not even an idiot would have.
He would have simply thrown it away.
sw
Hubbie says to tell you, "How DARE you let a little thing like work, interfere with your FReeping"!
sw
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