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Judge Mudd Says Sequestering Of Jury Possible: Van Dam case has jurors facing more Mad-Dawgging!!
Union Trib ^ | July 30, 3002 | Alex Roth

Posted on 07/30/2002 7:13:26 AM PDT by FresnoDA

Judge says sequestering of jury possible

By Alex Roth
UNION-TRIBUNE STAFF WRITER

July 30, 2002

Judge William D. Mudd chastises the media and threatens to cut off video and still-photo coverage David Westerfield's murder trial Thursday, July 25, 2002, in San Diego. Mudd said the problem was due to a security breech when an unnamed person followed some jurors to their vehicles and wrote down license numbers. Westerfield is accused of the kidnapping and murder of seven-year old Danielle van Dam. (AP Photo/Dan Trevan,POOL)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.


TOPICS: Local News
KEYWORDS: 180frank; danielle; kidnapping; molestation; threadjackals; vandam; westerfield
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To: VRWC_minion
- can be raised and lowered by inside switch
- some open if outside door is unlocked
- some close automatically when put in gear
- most open automatically when door is open (revealing screen door)

I'm pretty sure an average 7 year old could enter a motor home. Do you think all the thousands of families who take trips *carry* their children in and out ?!
241 posted on 07/30/2002 11:01:26 AM PDT by fnord
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To: BARLF
I'm here, thanks.
242 posted on 07/30/2002 11:01:52 AM PDT by Steve0113
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To: VRWC_minion
Shifted from agriculture orientation to forensics. (Note to feldman=insinuate he wants to make name for himself)
243 posted on 07/30/2002 11:01:57 AM PDT by VRWC_minion
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To: VRWC_minion; redlipstick
FWIW, Its real dangerous to move RV around with the stairs out.

Note new alternate theory:

DW didn't just leave the door unlocked, but open.

;)

244 posted on 07/30/2002 11:02:14 AM PDT by cyncooper
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To: shezza
Retired after 20 years at U. of Hawaii. Went to Chaminade(?) University. Became much more interested in forensic entomology.
245 posted on 07/30/2002 11:02:23 AM PDT by shezza
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To: alexandria
Well, they looked in Danielle's room thoroughly----nada on orange fibers found there.

But lots and lots at DW's.

246 posted on 07/30/2002 11:03:35 AM PDT by cyncooper
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To: fnord
I'm pretty sure an average 7 year old could enter a motor home. Do you think all the thousands of families who take trips *carry* their children in and out ?!

I was just reminded that when we camped with a child this age he couldn't get in easily without steps being pulled out. I don't recall he ever opened the door by himself without the stairs being out. That was my job.

247 posted on 07/30/2002 11:04:22 AM PDT by VRWC_minion
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To: shezza
Reboot a success
248 posted on 07/30/2002 11:04:29 AM PDT by Freedom2specul8
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To: shezza
Explaining field of forensic entomology. Member of Entomology Society of American, American Academy of Forensic Scientists, also some sort of Forensic Entomology group. I didn't catch all that.
249 posted on 07/30/2002 11:04:53 AM PDT by shezza
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To: ~Kim4VRWC's~
Hooray!
250 posted on 07/30/2002 11:05:05 AM PDT by shezza
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To: shezza
Has been teaching entomology since 1978.
251 posted on 07/30/2002 11:05:46 AM PDT by shezza
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To: redlipstick; spectre
Name calling going on directed at you. Too bad and so unnecessary.
252 posted on 07/30/2002 11:05:57 AM PDT by cyncooper
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To: shezza
I'm going to wait to turn on realplayer until I get done searching for testimony on her blackened skin ...I hate ctv commercials ... will you stay on??
253 posted on 07/30/2002 11:05:58 AM PDT by Freedom2specul8
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To: ~Kim4VRWC's~
CTV COMMERICAL ALERT
254 posted on 07/30/2002 11:06:47 AM PDT by Freedom2specul8
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To: shezza
I.E., very impressive collection of memberships. Has taught in Hawaii and been active in crime scene investigations. Has given courses for FBI and other LE groups.
255 posted on 07/30/2002 11:07:07 AM PDT by shezza
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To: VRWC_minion
I'm bored. Can we stipulate that he gets paid to watch bugs ? And get on with the testimony ?
256 posted on 07/30/2002 11:07:34 AM PDT by VRWC_minion
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To: VRWC_minion
Well, I think the theory that she gained entry on her own was always predicated on the idea that the door was unlocked and/or open. As such the steps would be extended, and if the exterior door was open, just a screen door barrier. I don't anyone here has suggested she 'broke in' to the MH.
257 posted on 07/30/2002 11:07:42 AM PDT by fnord
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To: fnord
I'm pretty sure an average 7 year old could enter a motor home. Do you think all the thousands of families who take trips *carry* their children in and out?

My parents have had a MH as long as I can remember and I know I could open the door at 6yrs old and I belive I was average height weight back then. Also, my friends when they saw MH wanted nothing more than to see inside with which I was more than happy to oblige.

258 posted on 07/30/2002 11:08:09 AM PDT by alexandria
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To: shezza
Has also published 204 articles and several book chapters, and "A Fly for the Prosecution" (book).
259 posted on 07/30/2002 11:08:40 AM PDT by shezza
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To: cyncooper
Namecalling? I think making false statements about my boasting that I don't listen to the Prosecutions witnessess is about as low as it goes.

Stay out of it, cyn. She can handle herself, albeit not this time.

sw

260 posted on 07/30/2002 11:09:11 AM PDT by spectre
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