The judge in the David Westerfield trial rejected another defense request to sequester the jury but said he still considers it "a possible option." Posted on 07/30/2002 7:13:26 AM PDT by FresnoDA
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.
9 Q. Now, I think you used the word mummification 10 earlier? 11 A. Yes. 12 Q. Can you please tell us at what stage of the 13 decomposition process would you expect mummification to 14 occur? 15 A. Well, mummification occurs only in sort of a dry, 16 warm atmosphere. Commonly in the desert in the summertime. 17 This body was mummified. All the skin that was still 18 present was mummified, a brown leathery appearance.
I removed them. My choice, my list. I didn't do it because I was worried about the Admin Moderator. I did it because they were encouraged personal attacks, IMO.
Irony ?
Don't under estimate what a child can do when they set their minds to it. As I said before when my daughter was 2-3 years old she climbed onto the roof of the house because her Dad was up there working on putting up an antenna. He heard, "Me help Daddy." He looked and there she was.
Possible opportunity when Danielle may have gotten into the RV
Testimony Susan L. 7/10/02 Morning 2 pg 7917-18
16 WOULD ONLY BE THERE BEFORE YOU WENT CAMPING, WAS THERE ALSO AT
17 LEAST ONE TIME WHEN THE MOTOR HOME WAS THERE AT THE PARK AND YOU
18 WERE DOING SOME ADDITIONS TO IT?
19 A. YES, YES.
20 MR. DUSEK: OBJECTION, VAGUE AS TO TIME.
21 THE COURT: MAKE IT TIME SPECIFIC, COUNSEL.
22
23 BY MR. BOYCE:
24 Q. WITHIN THE PAST YEAR, YEAR AND A HALF?
25 A. YES.
26 Q. THIS WAS THE NEW MOTOR HOME; IS THAT CORRECT?
27 A. CORRECT.
28 Q. THIS WAS AT THE PARK CLOSE TO MR. WESTERFIELD'S
Testimony of Brenda VanDam at PH 3/14/02 pg 549
3 Q IS THERE ANY PARK DOWN AT ONE END OF YOUR 4 STREET?5 A YES. 6 Q TO GET TO THE PARK, YOU HAVE TO CROSS A 7 STREET?8 A YES. 9 Q AND THEN DO YOU HAVE TO GO BY 10 MR. WESTERFIELD'S HOUSE?11 A YES. 12 Q WAS SHE PERMITTED TO GO DOWN THERE?13 A SHE WAS DOWN THERE MAYBE TWO TIMES WITHOUT 14 ME, BUT I WAS IN THE DRIVEWAY WATCHING. 15 Q WOULD SHE ASK PERMISSION TO GO DOWN THERE?16 A YES.17 Q HOW FAR AWAY IS THIS PARK, WOULD YOU SAY? 18 WITHIN EYESIGHT OR --19 A WITHIN EYESIGHT. 20 Q I FORGOT TO SHOW YOU SOMETHING EARLIER. 21 I'VE HAD MARKED AS PEOPLE'S EXHIBIT 6 THIS 22 THREE-PAGE DOCUMENT, LOOKS LIKE A GIRL SCOUT COOKIE 23 FORM. COUNSEL HAS A COPY AND I'VE SHOWN HIM. 24 LET ME ASK YOU TO LOOK AT EXHIBIT 6,
Did you hear him say that bugologists are not qualifed to announce time of death? What was he saying? I missed all of that.
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