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.
Hey, JURORS, watch the cards. SEE, I have nothing up my sleeve, (dam, where did that .22 cartridge come from?), now watch the BIRDIE!
Bingo! I've often wondered why Jim Rob hasn't done that. Does it make sense that one person causes 75% (I'm being conservative in that number) of the problems, so everyone else gets punished instead? How nuts is that?
ouuuoooo, this is scary Bert! Let me see, the one on the left with the white background, is the dull orange? The one on the one on the right with the pinkish background, slightly smaller in shape is the bright orange? And.... THEY MATCH EXACTLY!!!!!! That was HARD!
That is great. But my suspicion is that LE didn't do mineral analysis. That the merely said Brenda's is bleached (because that was visibly obvious to even HELEN KELLER!
They then said it WOULDN't match Danielle's because they assumed Danielle's was never bleached. Did they do tests to see ? Who knows?
I KNOW, FELDMAN would have jumped ALL OVER THIS.
Was FELDMAN given the CARPET from the MH to test ? ANYONE ??????SO, his client was NOT ALLOWED to INDEPENDENTLY retest the EVIDENCE being used in the TRIAL against him.
Can anyone say MISTRIAL!!!!!!!!!!!!!!!!!!!!!!!!!
sw
How about not replying to her posts?
1. She's a moderator herself, or
2. She controls one, or
3. The lunatics are running the assylum.
I vote #3!
To: RnMomof7
Your wish is my command :-) Here is what I just emailed Hannity:
"Sean, you and others on FoxNews have been parroting other media's disinformation re: the Westerfield trial. I and others on Free Republic have been following the testimony on a daily basis.
Below is a comment I made (in italics) yesterday after hearing a segment on one of the Fox shows. The person answering me has read every word of the testimony and can give the so called experts a run for their money. Please act as the fair and objective person you claim to be." An excerpt from the original post followed.M
240 posted on 8/20/02 1:00 PM Pacific by nycgal
Here is my concept of the email Sean Hannity would PROBABLY send back in response to the above letter.
Dear nycgal Sir or Madam;
I was delighted to receive a(n) letter/email/death-threat (circle one) from you.
While we have no wild birds on the show, we are considering having some parrots put around the stage.
I have never smoked Westerfield's and I certainly have never gotten any free, despite what advertisers may say to you.
I would enjoy testifying for our Republic on any stage or forum you choose. (Subject to producer's discretion)
I often have made comments about italians myself, and have occasionally done so on the FOX show. As long are they are not depricative, you need not worry.
And believe, me, we also have experts that can give testimony on having to RUN for the MONEY! DO I ever hear you there, (my friend/pal/associate/co-owner) PICK ONE.
I am a fair person, at least fair skinned, and that you think I might not be objective makes me wonder if you are prejudiced. Any claims you make must be taken up with the legal services of our producers/owners/broadcast network (pick one).
I sincerely appreciate your (letter/email/death-threat) PICK ONE, and look forward to hearing from you in the future, Cordially, Sean H.
281 posted on 8/20/02 1:31 PM Pacific by UCANSEE2
I sliced thin layer of epidermis from the top of my finger and then put it under a microscope.
Here is the photo I got from it,showing capillaries, blood in them, and black spaces are between skin cells.
SUB-DERMAL PHOTO via MICROSCOPE
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