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.

[juzcuz]

enough leverage-- sure--why not

If the 4'8" measure is the top of head to her toes, then she could have reached up with her arm. By reaching up higher she would have added another 12" plus to her length/reach.

[Freedom2specul8]

I'll look it up but am going to miss out on this guys testimony while doing it. I'll stop if goff starts in though. :)

[shezza]

Feldman asking about measurements of MH door. Wouldn't distance be shortened by sidewalk? Yes. If steps were out, that would shorten distance even more.

[EllaMinnow]

Except that she was 48 inches, not 4 foot 8.

[shezza]

Westerfield's MH had two steps, one that came out automatically, 12 inches apart. That would drop distance to door handle even more.

[cyncooper]

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.

Not deceiving. It is a fact that the orange fibers were found and were similar, tying Danielle to DW.

DW has so far successfully hidden the source-----destroyed?

[mommya]

many of us have been wondering about this - we havn't heard any testimony about it. Seems commonsense to me - oh well - we'll probably never know.

[shezza]

Did not see any ants carrying maggots. Did not know if any other LE at scene saw ants carrying maggots.

[VRWC_minion]

If the 4'8" measure is the top of head to her toes

Are you sure its 4'8" and not 48" ?

[shezza]

Normally delegates note-taking to detectives. Did not take notes at the site.

[shezza]

Her missing poster says 4 feet tall (48 inches).

[vacrn]

It's 48" ....4 feet tall, according to her original missing poster

[VRWC_minion]

FWIW, Its real dangerous to move RV around with the stairs out.

[shezza]

Goff on the stand now.

[VRWC_minion]

Aloha bug guy.

[shezza]

In charge of forensic sciences program at the university in Hawaii. (Sha....I can't spell the name). Has been there for one year. Going into his educational background.

[Freedom2specul8]

I have to reboot...take good notes! :)

[VRWC_minion]

Employment history = Hey they pay me to watch bugs ?

[alexandria]

To be successful fiber evidence you MUST have a source that is more exclusive to the suspect than any other. We do not know that other places did not have the same similar fibers because the DA only looked to DW's enviornment. What about the dog bed?

[spectre]

"You have made a point of boasting about not listening to prosecution witnessess".. (Statement about ME on other thread, which you still haven't corrected).

Go no further, dipstick..THAT statement is a total fabrication. AGAIN, I ASK YOU, to PROVE it or shut up.

sw