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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: dread78645
She got ahead of herself, or mixed up the note cards.
161 posted on 08/20/2002 8:59:58 AM PDT by bvw
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To: shezza
thanks Shezza.

Amen
162 posted on 08/20/2002 9:00:13 AM PDT by Mrs.Liberty
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To: bvw
She certainly had it planned out or was coached.
163 posted on 08/20/2002 9:02:42 AM PDT by Jaded
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To: shezza
Amen!
164 posted on 08/20/2002 9:02:53 AM PDT by Jaded
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To: Mrs.Liberty; shezza
"In the name of the Father, the Son and the Holy Spirit..."

AMEN!

sw

165 posted on 08/20/2002 9:11:18 AM PDT by spectre
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To: dread78645
My theory is that Demon and Bren had already "chosen" Westerfield to be their patsy, and Demon had coached Bren on how to describe the perp. Perhaps as their story evolved (middle of the night Stealth Ninja abduction), they didn't need to describe a mysterious lurker--especially when it came out that Bren danced with DAW just the night before. But I think she had already "learned" how describe him as a creepy neighbor.
166 posted on 08/20/2002 9:12:38 AM PDT by shezza
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To: Rheo
You just sucking up for vacation updates buddy?? :-)

You are the best, forget the rest.

167 posted on 08/20/2002 9:16:19 AM PDT by demsux
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To: shezza
Remember the 911 call when Brenda said Danielle was 6 ft. tall, with brown hair and green eyes? Did she slip up?
168 posted on 08/20/2002 9:26:57 AM PDT by Bluebird Singing
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To: Bluebird Singing
Remember the 911 call when Brenda said Danielle was 6 ft. tall, with brown hair and green eyes? Did she slip up?

Sounds more like Barb Easton

169 posted on 08/20/2002 9:28:44 AM PDT by demsux
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To: demsux
Sounds more like Barb Easton

or Howard Stern.

170 posted on 08/20/2002 9:34:11 AM PDT by dread78645
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To: Politicalmom
I believe one or more hairs which "could not exclude" Danielle were found in his bed, which had FRESH sheets and comforter?.

Thanks for clarifying that for me.

171 posted on 08/20/2002 9:38:34 AM PDT by nycgal
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To: nycgal
I believe one or more hairs which "could not exclude" Danielle were found in his bed, which had FRESH sheets and comforter?.

Do you know if these were found BEFORE or AFTER OTT and KEYSER visited the bedroom?

172 posted on 08/20/2002 10:25:59 AM PDT by UCANSEE2
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To: UCANSEE2
WHERE'd EVERYONE GO? Where there's smoke there's fire. Ain't neither in this room right now.
173 posted on 08/20/2002 10:37:41 AM PDT by UCANSEE2
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To: UCANSEE2
I'm here. Lurking. Waiting for The Verdict. Yawning. Jackal-smacking when needed. Mostly lurking.
174 posted on 08/20/2002 10:41:23 AM PDT by shezza
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To: shezza
I watched about 3 minutes of ctv this morning. Nancy & crew were discussing victim impact statements. I thought I'd missed the verdict! I changed the channel back to the movie I'd been watching.
175 posted on 08/20/2002 10:46:16 AM PDT by the Deejay
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Comment #176 Removed by Moderator

To: shezza
Demon and Bren had already "chosen" Westerfield to be their patsy, and Demon had coached Bren on how to describe the perp.

Never thought of that. You might have something there! Brenda's description of her daughter during that phone call has always bothered me. Possibly the "discovery" of her missing was sooner than planned--they had to announce it when a neighbor stopped by to see Danielle. Hmm.

177 posted on 08/20/2002 10:48:47 AM PDT by twigs
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To: twigs
Hmm, indeed. Good theory.
178 posted on 08/20/2002 10:57:40 AM PDT by small_l_libertarian
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To: UCANSEE2
Trying to smack a jackal. However we're rapidly approaching the 666 post.

I'm trying to be diplomatic in my defense of someone not on this board. It is quite vexing.
179 posted on 08/20/2002 11:09:03 AM PDT by Jaded
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To: basscleff; All
Yes. You are right.

Since CTV hasn't anything else left to do, but go over what the Defense might be saying..Rikki Klayman(sp) just heard the rerun of the testimony about the Dry Cleaners. SHE finally admitted she JUST misheard and misunderstood (misrepresented) that the shorts were NOT underwear, but boxer type shorts.

Whoops..just a slight mistake, the ever biased CTV has plastered all over the air-waves for months. Shame on them!

sw

180 posted on 08/20/2002 11:16:44 AM PDT by spectre
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