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 ... 301-320321-340341-360 ... 381-391 next last
To: small_l_libertarian
I think you'll see in a minute. The one I sent I cut the right side out and moved it to the left of the pic. and enlarged it one size up, that made it slightly grainy but you can definately see a differance. Note the light line running thru the lower fiber.
321 posted on 08/20/2002 2:14:11 PM PDT by alexandria
[ Post Reply | Private Reply | To 316 | View Replies]

To: UCANSEE2
WOW! You've got beautiful skin. I would love a scarf like that!
322 posted on 08/20/2002 2:16:06 PM PDT by kayti
[ Post Reply | Private Reply | To 320 | View Replies]

To: UCANSEE2
WOW! Do you glow in the dark?
323 posted on 08/20/2002 2:17:33 PM PDT by Jrabbit
[ Post Reply | Private Reply | To 320 | View Replies]

To: alexandria
I also noticed a large black fleck. Was there an explanation of that black fleck. I have seen people convicted on finding a fiber with the same "fleck" as a fiber they found on a body, so it would make sense they would need to explain it.
324 posted on 08/20/2002 2:19:12 PM PDT by ican'tbelieveit
[ Post Reply | Private Reply | To 321 | View Replies]

To: UCANSEE2
Hey! Can you do a strand of your hair?
325 posted on 08/20/2002 2:19:32 PM PDT by the Deejay
[ Post Reply | Private Reply | To 320 | View Replies]

To: ican'tbelieveit
Now here is something else entirely.

The following picture is :

The Universe in Hot Gas
Credit & Copyright: James Wadsley (McMaster U.) et al.
Explanation: Where is most of the normal matter in the Universe? Recent observations from the Chandra X-ray Observatory confirm that it is in hot gas filaments strewn throughout the universe.

"Normal matter" refers to known elements and familiar fundamental particles. Previously, the amount of normal matter predicted by the physics of the early universe exceeded the normal matter in galaxies and clusters of galaxies, and so was observationally unaccounted for.

The Chandra observations found evidence for the massive and hot intergalactic medium filaments by noting a slight dimming in distant quasar X-rays likely caused by hot gas absorption. The above image derives from a computer simulation showing an expected typical distribution of hot gas in a huge slice of the universe 2.7 billion light-years across and 0.3 billion light years thick.

The distribution of much more abundant dark matter likely mimics the normal matter, although the composition of the dark matter remains mysterious. Both the distribution and the nature of the even more abundant dark energy also remain unknown.

FINGER OF GOD, Huh?Hey, they are exactly the same, I swear to ME!

326 posted on 08/20/2002 2:20:50 PM PDT by UCANSEE2
[ Post Reply | Private Reply | To 300 | View Replies]

To: alexandria
I believe the light line is actually the third edge of a trilobal (triangular) fiber.
327 posted on 08/20/2002 2:21:53 PM PDT by Politicalmom
[ Post Reply | Private Reply | To 321 | View Replies]

To: UCANSEE2
ROFL
328 posted on 08/20/2002 2:22:40 PM PDT by ican'tbelieveit
[ Post Reply | Private Reply | To 326 | View Replies]

To: alexandria
On mine, I just selected the right (pink) pane and turned down the red until the backgrounds matched.
329 posted on 08/20/2002 2:23:08 PM PDT by small_l_libertarian
[ Post Reply | Private Reply | To 321 | View Replies]

To: MizSterious
3. The lunatics are running the assylum. (Spelling, intentional or Freudian slip?)
330 posted on 08/20/2002 2:23:41 PM PDT by UCANSEE2
[ Post Reply | Private Reply | To 310 | View Replies]

To: alexandria
Not me. Ask FresnoDA, or if you have to , PRIVMAIL 'REGISTERED'. Either one can help you , I believe.
331 posted on 08/20/2002 2:25:06 PM PDT by UCANSEE2
[ Post Reply | Private Reply | To 312 | View Replies]

To: All
Well folks, soon another day will be over for the jury. I would sure like to know if they've made any headway &, if so, how much.
332 posted on 08/20/2002 2:25:13 PM PDT by the Deejay
[ Post Reply | Private Reply | To 328 | View Replies]

To: UCANSEE2
Self-mutilation in the name of science? We're so proud of you. Where did you cut from? Was it painful? Do you need a band-aid?

You've brought devotion to a new level. Unless there is something you're not telling us. Are you sure your hose is rolled up?
333 posted on 08/20/2002 2:26:04 PM PDT by Jaded
[ Post Reply | Private Reply | To 320 | View Replies]

To: clearvision
I can read it!!!...It worked.

Walked in 20/800 and walked out 20/20.....life is good!

334 posted on 08/20/2002 2:26:31 PM PDT by Rheo
[ Post Reply | Private Reply | To 223 | View Replies]

To: ican'tbelieveit
I'm not sure what the black fleck is. I'm assuming it is part of the fiber itself since the orange goes beyond it and seems to encase it. The upper fiber does not have it though does it? Also the light line thru the one fiber is very distinct I would think of that type of fiber, however the other fiber DOES not show it. I'm thinking the colored background was used to hide the light line in the center of the one fiber that also has black specks.
335 posted on 08/20/2002 2:26:54 PM PDT by alexandria
[ Post Reply | Private Reply | To 324 | View Replies]

To: Politicalmom
Politicalmom I'm going to bow to your knowlege, because I've never even heard of a trilobal fiber. Also, I've only once posted a picture on FR with any success, do you think you could do the honnors for me?
336 posted on 08/20/2002 2:31:31 PM PDT by alexandria
[ Post Reply | Private Reply | To 327 | View Replies]

To: Jaded
zzzzzzzippppp....

It is now!

337 posted on 08/20/2002 2:35:33 PM PDT by UCANSEE2
[ Post Reply | Private Reply | To 333 | View Replies]

To: alexandria
Oh, I can almost hear the old line now: "Mistakes were made," (but noone will be fired)
338 posted on 08/20/2002 2:41:50 PM PDT by Lucky
[ Post Reply | Private Reply | To 335 | View Replies]

To: Lucky
Demotions only. Police officer in Santa Fe, NM had his demotion from lieutenant to sergeant upheld this week after bungling a missing child case. 7yo boy has never been found.
339 posted on 08/20/2002 2:44:46 PM PDT by ican'tbelieveit
[ Post Reply | Private Reply | To 338 | View Replies]

To: ican'tbelieveit
Hmmm, another 7 year old. Sad, very sad.
340 posted on 08/20/2002 2:51:11 PM PDT by Lucky
[ Post Reply | Private Reply | To 339 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 301-320321-340341-360 ... 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