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.
Does it really matter ? Even if Danielle were 24 inches many would just claim she must have gotten a step ladder.
Ok....am trying to figure this out..and combining it with the testimony of the mummiologist.
All those that have said Danielle never went to the park by herself while the MH was there ARE ABSOLUTELY WRONG, and they ought to have the guts to admit to it.
Let us see if you(and you know who you are) have the courage to ADMIT WHEN YOU ARE WRONG.
Ucansee2, I don't remember ever getting into that argument..but bvd did state that she was watching danielle from driveway. Wouldn't that negate your argument that she snuck in the MH while at the park?
What was the process ? Took temp data and calc'd the median temps each day and coverted to C and then to base 10 and accum hours.
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