Judge Mudd Says Sequestering Of Jury Possible: Van Dam case has jurors facing more Mad-Dawgging!!

Union Trib ^ | July 30, 3002 | Alex Roth

[FresnoDA]

Judge says sequestering of jury possible

By Alex Roth
UNION-TRIBUNE STAFF WRITER

July 30, 2002

The judge in the David Westerfield trial rejected another defense request to sequester the jury but said he still considers it "a possible option."

Superior Court Judge William Mudd said he didn't think it was necessary at the moment but has asked the county to prepare "a back-up contingency plan" just in case.

Westerfield's lawyers have asked several times for jury sequestration, and they renewed their request yesterday. Lead defense lawyer Steven Feldman said he worried that the jury might be affected by the publicity in the Samantha Runnion kidnap-murder case in Orange County.

Feldman cited comments made by Samantha's mother about Alejandro Avila, the man charged with kidnapping and killing the 5-year-old girl. In an interview on CNN's "Larry King Live," Erin Runnion blamed her daughter's death on a jury that acquitted Avila of child molestation charges two years ago.

Feldman said he worried that jurors in the Westerfield case might hear about the interview and feel pressured to convict his client, who is charged with kidnapping and killing 7-year-old Danielle van Dam of Sabre Springs.

The judge said he would remind jurors about news coverage they should avoid. He also said he talked to them about sequestration last week after receiving reports that someone in the media followed some of the jurors to their cars and wrote down their license plates.

"They're a hearty group and they didn't appear to be intimidated by what occurred, and I continue to believe in their integrity," the judge said yesterday.

With the trial in recess for a day, lawyers spent yesterday discussing legal instructions to give to the jury before they begin deliberations. It seems likely that testimony will continue into next week.

Prosecutors are expected to finish their rebuttal evidence today, at which point the defense will put on evidence to rebut the prosecution's rebuttal. One possible defense witness probably won't be called until Monday, Feldman told the judge yesterday.

[shezza]

As darkness fell lights illuminated the scene. Doesn't recall seeing ants, may have been next day. Says he saw ants near pallet.

[VRWC_minion]

He saw the ants at evening in the area of the pallets. There were ants 10-15 feet away. He is just not sure they ants were near body.

[VRWC_minion]

Was temp above 50 deg F=yes.

[Freedom2specul8]

I have wondering about the vd parents, like are they weird like DW's or are they partiers too.

[shezza]

First saw bugs around dusk. Doesn't remember temperature. Nice. (50-ish). Lights over body to illuminate scene. Did not take photographs of bugs at site. Did not see any photos taken that evening that showed bugs. Directed that bugs at scene be captured for further entomological evaluation.

Morning break.

[shezza]

(Commentators on Channel 10 mentioning that Faulkner, who was called to scene to collect and evaluate bugs, found one ant. "Something just doesn't add up.")

[VRWC_minion]

Could your six-year-old get in if the door was already open and a step/platform was in position?

Yes, I made that observation before anyone else here. But who would leave the steps out when not in use ?

So, added to the long list of not likely happenings, the RV needed to be left unlocked by someone who is so anal he calls his son to check locks, the RV steps were left down in spite of having complaints from neigbors, and a small child needs to be on her own in the neighborhood, and no other child ever entered and no adult ever saw it happen.

But I agree it is theoretically possible all that happened and possible she left a fingerprint, a hair, blood and at the same time smeared fibers on herself that lasted months until she ws found.

[Freedom2specul8]

I think the mummified skin has thrown off the time of death..the bugologists simply aren't use to that factor...and by the fact that they didn't allow for that fact the the skin can mummify within 24 hours per the mummiologist's testimony...it discredits them a little bit. If they knew so much about bugs, why didn't they allow for it?

[Mrs.O'Strategery]

After jury viewed MH, he measured passenger door of MH from ground to door handle. 62 inches.

I missed this testimony...I'm just catching up. I wonder if this guy took the curb into consideration? If Westerfield parked the RV on the street near his house, would the door be on the side of the curb? I just measured 62 inches here at home so I could see it... my 5 year old is very resourcful. I think she maybe could open that door. She definetly could if the door was next to a curb.

[shezza]

Kim, her entire body was not mummified. Only her face and hands (and probably feet). IIRC, all the rest was "fresh meat," the kind preferred by blowflies.

[kayti]

"I've never read it"... then you shouldn't be commenting on it!! Obviously if you had read it you would note that items have been censored in order to remain PC to the thread moderator.

[VRWC_minion]

If Westerfield parked the RV on the street near his house, would the door be on the side of the curb?

Add 6 to 8 inches.

Anyone know how tall Daneille was ?

[Jaded]

No just the trial in general. No wonder the State of California stays in financial trouble. Soooooo efficient.

[shezza]

Orange Acrylic Fiber Possibility

Wonder what the lining is for the SDPD issue jackets?

[shezza]

Six feet tall, or four feet tall, take your pick. ;o)

[cyncooper]

Obviously if you had read it you would note that items have been censored in order to remain PC to the thread moderator.

Interesting. What terms? Derogatory? Perhaps a wise decision...

[VRWC_minion]

I know I got it. Call on me.

Daneille could have had a pair of orange flannel stilts.

[fnord]

Having the extremities partially 'mummified' would not affect bugs. AFAIK they don't normally seek entry through the fingers. The defense bug guys are still unimpeached, to the chagrin of some.

[bvw]

In my opinion that Sgt. is lying. Tone of voice, cadence, the lines of the forehead and between the eyebrows and blink rate in addition to the grab-bag, fill-all-holes, line of his testimony, give me to to think, to express my own considered opinion, that he is lying.

I have not been able to watch much of this trial but did at lunch today.

[juzcuz]

Danielle's height--

I read in Thomsovic's test.,that when he viewed/described Danielle's body at the scene, he said female was 4'8" tall. (4'8"=56") Did you say the door of MH from ground to the Handle is 62"??? If so, Danielle would only have had to reach up 6"higher to reach it.