Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-20 ... 241-260261-280281-300 ... 381-391 next last
To: basscleff
Afterall this is the SMOKIN ROOM! So, have yourself a smoke, Bass!
261 posted on 08/20/2002 1:18:14 PM PDT by kayti
[ Post Reply | Private Reply | To 259 | View Replies]

To: Jrabbit
Ha. Too funny!!
262 posted on 08/20/2002 1:18:33 PM PDT by Lucky
[ Post Reply | Private Reply | To 226 | View Replies]

To: ican'tbelieveit
See, I'm no expert. That's a why Iz'a asskin!
263 posted on 08/20/2002 1:19:45 PM PDT by UCANSEE2
[ Post Reply | Private Reply | To 249 | View Replies]

To: spectre
I thought that if things got too hot over there, the Admins were going to MOVE the entire thread over to Smokey Backroom.

No, just yank the comments that Kim doesn't like.

264 posted on 08/20/2002 1:20:03 PM PDT by kayti
[ Post Reply | Private Reply | To 258 | View Replies]

To: spectre
I think that is one of the guidelines in the Smoky Backroom handbook. Thread gets too hot, goes to the smoky backroom.
265 posted on 08/20/2002 1:20:43 PM PDT by ican'tbelieveit
[ Post Reply | Private Reply | To 258 | View Replies]

To: kayti; alexandria
I think you might be referring to the photo taken of a dual microscope shot of the two orange fibers examined by Jennifer Shen, one from DAW's environment and the other from Danielle's choker. She says they're exactly alike. Only it apparently took some major color-tweaking on one side of the image to make them look even slightly similar (forget "exactly alike"!). I'm not familiar with side-by-side hair photos.
266 posted on 08/20/2002 1:21:15 PM PDT by shezza
[ Post Reply | Private Reply | To 257 | View Replies]

To: basscleff
Yeah, this is the smokin room, and so far, we've all been much too polite to tell them where to stick it. We are NOT living up to our reputations..tsk, tsk..go figure.

sw

267 posted on 08/20/2002 1:21:15 PM PDT by spectre
[ Post Reply | Private Reply | To 259 | View Replies]

To: UCANSEE2
I will keep looking for you.
268 posted on 08/20/2002 1:21:24 PM PDT by ican'tbelieveit
[ Post Reply | Private Reply | To 263 | View Replies]

To: shezza
"Just the goose-steppers doing a little housekeeping, I see."

One can't help but suspect that the Chief Goose-Stepper herself told them to re-open the thread. They seem to be in her thrall, don't they?

269 posted on 08/20/2002 1:21:32 PM PDT by MizSterious
[ Post Reply | Private Reply | To 191 | View Replies]

To: ican'tbelieveit; kayti
How about we just yank "Kim"!

Problem solved..

sw

270 posted on 08/20/2002 1:22:43 PM PDT by spectre
[ Post Reply | Private Reply | To 265 | View Replies]

To: kayti
Think they are hoping the jury doesn't notice the background and the slightly different size.

Then they are hoping that none of these people ever watched Sesame Street because in this before/after picture SS logic applies "ONE of THESE THINGS IS NOT like THE OTHER."

271 posted on 08/20/2002 1:22:44 PM PDT by alexandria
[ Post Reply | Private Reply | To 257 | View Replies]

To: shezza
I think you might be referring to the photo taken of a dual microscope shot of the two orange fibers examined by Jennifer Shen, one from DAW's environment and the other from Danielle's choker. She says they're exactly alike. Only it apparently took some major color-tweaking on one side of the image to make them look even slightly similar (forget "exactly alike"!). I'm not familiar with side-by-side hair photos.

You're right!!! At least what I was recalling was the fiber, not the hair.

272 posted on 08/20/2002 1:24:07 PM PDT by kayti
[ Post Reply | Private Reply | To 266 | View Replies]

To: Jaded
"There are those who would call him a pervert."

I guarantee you that's exactly what would happen. How many times have we been called perverts and pervert supporters because we wanted the prosecution to actually prove their case? These threadjackals cannot be expected to hold a civil discourse. I don't blame him for not wanting to post here.

273 posted on 08/20/2002 1:25:23 PM PDT by MizSterious
[ Post Reply | Private Reply | To 193 | View Replies]

To: shezza
OPPS! You are right is was the orange fiber. The same dull orange or was it bright orange?
274 posted on 08/20/2002 1:26:10 PM PDT by alexandria
[ Post Reply | Private Reply | To 266 | View Replies]

To: alexandria
"ONE of THESE THINGS IS NOT like THE OTHER."

And then there's, "Find the DIFFERENCE in THIS PICTURE."

275 posted on 08/20/2002 1:26:26 PM PDT by the Deejay
[ Post Reply | Private Reply | To 271 | View Replies]

To: ican'tbelieveit
You've got that right! Kimmee only likes to dish it out when she's got an AM to help her fight her battles. There's a name for that kind of person...now what was it? Oh, yah, bullying little coward.
276 posted on 08/20/2002 1:28:28 PM PDT by MizSterious
[ Post Reply | Private Reply | To 200 | View Replies]

To: the Deejay; alexandria
Now, you guys are cooking. And which one of these fibers is "similar" to the other...but Not like the other?

That should blow the VD Lovers little pea brains.

sw

277 posted on 08/20/2002 1:30:15 PM PDT by spectre
[ Post Reply | Private Reply | To 275 | View Replies]

To: alexandria; kayti

Here ya go. The "perfect match."

278 posted on 08/20/2002 1:31:00 PM PDT by shezza
[ Post Reply | Private Reply | To 274 | View Replies]

To: the Deejay
And then there's, "Find the DIFFERENCE in THIS PICTURE."

YES! Another Sesame Street fan. I loved that show when I was little and if you remember, most of it was based on logical thinking skills. Something we should be trying to incorporate more in our public school system.:o(

279 posted on 08/20/2002 1:31:33 PM PDT by alexandria
[ Post Reply | Private Reply | To 275 | View Replies]

To: ~Kim4VRWC's~
"It was never my intention to infuriate anyone."

Maybe not, Kim, but it sure was your intention to misrepresent as many facts about this case as possible. I can always dig up your old posts again, if you need proof. Or maybe it's that you wouldn't know the truth if it bit you on the as...terisk.

280 posted on 08/20/2002 1:31:51 PM PDT by MizSterious
[ Post Reply | Private Reply | To 210 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 241-260261-280281-300 ... 381-391 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson