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.

[BARLF]

Thanks for the ping Kim. I missed it some how. Steve0113 and I have been on the other thread,all by ourselves,apparently.LOL

Over here Steve!

[shezza]

Sgt. Holmes back on stand. Discussing recovery site and maggots.

[Freedom2specul8]

Correct, the entire body wasn't..but the skin was mummified...Do you remember when the mummiologist testified that the rodent can create an entrance for blowflies? It helps explain why there wasn't the normal decay and decomposition, the normal settling of body fluids beneath the body was absent, the brain was intact and more. That's why the time of death is in question.

[VRWC_minion]

"??? If so, Danielle would only have had to reach up 6"higher to reach it.

And still have enough leverage to open the door.

[EllaMinnow]

I did a search - the AVERAGE height of a 7 year old is 47.5 inches.

They said Danielle was 48 inches tall, not 4'8.

14 inches - a little more than 6.

[alexandria]

This shows Feldman tried to deceive the jury (again) by implying the source of the orange fibers came from this apparel when he could have had that type of clothing tested to "prove" it. He didn't because he knew darn well those clothes weren't the source.

The prosecution however, was the first to bring up this evidence which without a source and without the source being "specific" to DW's enviornment is circumstantial evidence that is also deciving.

[shezza]

NOt all of her skin was mummified. It was testified to that only the skin on her face and the skin on her hands. All the rest, forearms, shoulders, chest, neck, legs, all the rest, would be NOT mummified, correct?

[mommya]

Just thinking bout something else - regarding the paintball scenario speculation. Damon was supposedly with a woman with a young boy - right? If the boy wasn't one of his own - it must have been the woman's. Liz Brady lives nearby - and we know she did not go out with Rich cuz she could not get a sitter. We know that Rich and Liz have a little boy the same age as Dylen. Also - some things about Rich's testimony have me wondering. Could it be Rich with the motive - busted Damon and his wife? Just thinking out loud.

[the Deejay]

Correct. The arm (extended above the head), can reach at least another foot, and she would only have to reach up to make contact with the door handle.

Also, if the exterior door was open, then she would only have to pull the screen door open & that wouldn't be a reach at all. (I'm assuming there's a screen door on that RV. Most of them do have one.)

[Freedom2specul8]

I dont think anyone has complained to the thread moderator about that..(I assume you mean the admin mod) Ucansee simply chose to remove it cuz the words weren't being used "for fun", but to hurt but am pinging him cuz I don't want to put words in his mouth.

[vacrn]

Her missing poster had said 4 feet tall, which is about average for a 7 year old.

[shezza]

Scene was totally brush-filled. LE removed brush from part of scene to access body. Fairly steep incline from road to area where body was found. Had to cut "steps" in side of incline to make access easier. (Pictures were taken after brush was removed.)

[shezza]

Glamis trip was 552.6 miles round trip. When Holmes goes out in the MH, he stocks up, food, takes shovel, chairs.

[VRWC_minion]

I checked my kids reach and his hand extends about 12 inches above his head.

[Jaded]

Only her face and hands were mummified. It's in the trial transcripts.

[shezza]

Julian grade is more steep than the route Laspisas testified to (?).

[fnord]

I have a question about the hair in the sink trap. Maybe you or someone can help.

There were multiple hairs from other persons found in the trap, right? Was there any determination on which were there first? or last? Seems to me you could use logic and science to at least give a probability as to the order they arrived in the trap. I'm thinking akin to sedimentary geology and archaeology.

As well, there must have been lots of other items in the trap (food, dirt, sand, year-old gunk, etc.). Was any effort made by either side to explore the time factor of all these deposits?

If this was discussed I missed it.

[Freedom2specul8]

I was under the imppression that her entire skin surface was black..mummified in the photos. Need link..am too tired to look it up today.. :-p If someone can help us out, it would be greatly appreciated.

[VRWC_minion]

They said Danielle was 48 inches tall, not 4'8.

Adding 12 inches for the arm, the tips of her finges would reach 60 inches.

[shezza]

Has heard wind alerts for MH travellers (radio broadcasts)...high-profile vehicles are unsafe in these areas.