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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: shezza
Number of accumulated degree hours to base ten?
301 posted on 07/30/2002 11:34:17 AM PDT by bvw
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To: shezza
I not much of a betting person, but I would venture to BET that feldman didn't get his own mummiologist on purpose...cuz it would discount the bugologists comments about Time Of Exposure..
302 posted on 07/30/2002 11:34:58 AM PDT by Freedom2specul8
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To: ~Kim4VRWC's~
..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?

You have to be kidding. BRENDA? The BIG FAT LIAR, IN COURT IN FRONT OF THE JUDGE, SWORN ON THE BIBLE, and STILL LIES OVER AND OVER? THAT BRENDA?

The Brenda who said her kids never were out by themselves, but the neighbors say different?

You believe what Brenda said if you want, you are only fooling yourself.

Brenda said Danielle never left the yard without permission, and had to be told her boys said that wasn't true. That Danielle and Dylen got over the fence and 'got in trouble' for it.

SO, BRENDA has shown a pattern of lying about KEEPING AN EYE on her KIDS.

AND if she let Danielle go to the park, and Watched her from the front yard, do you really think she could SEE what Danielle was doing? That far away?

303 posted on 07/30/2002 11:35:04 AM PDT by UCANSEE2
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To: ~Kim4VRWC's~
Want to bet Goff foists on own petard?
304 posted on 07/30/2002 11:35:48 AM PDT by bvw
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To: UCANSEE2; Spunky
I mistakenly thought Danielle had never gone to the park by herself. Thanks for the transcript Spunky.

However, the transcript does not indicate the MH was there during the times Brenda is talking about---is that testimony elsewhere? When is Brenda talking about and was Danielle alone? Did she meet a playmate at the park?

305 posted on 07/30/2002 11:36:20 AM PDT by cyncooper
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To: shezza
Conclusions based on two temperatures
16.1 degrees Celsius, 88-base 10 (1590.3 accumulated degree hours to reach third enstar)

23 degrees Celsius, (1647.1 accumulated degree hours required)

306 posted on 07/30/2002 11:36:26 AM PDT by shezza
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To: bvw
Works backwards to calculate how long to develop the oldest bug.
307 posted on 07/30/2002 11:37:33 AM PDT by VRWC_minion
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To: shezza
Thermal units. Converting number of hours to thermal units.
308 posted on 07/30/2002 11:37:57 AM PDT by shezza
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To: UCANSEE2
Oh come on now ucansee2! The prosecution has been underestimated but do you underestimate the defense as well? If they could have proven that BVD couldn't see the part, and if the MH blocked her vision..don't you think that feldman would have done it?
309 posted on 07/30/2002 11:38:49 AM PDT by Freedom2specul8
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To: shezza
Post-feeding category
2242 at 16.1 degrees C, I missed the second one.
310 posted on 07/30/2002 11:39:08 AM PDT by shezza
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To: bvw
Do you really believe that this guy is going to discredit the university of HA by LYING or being DECEITFUL on the stand?
311 posted on 07/30/2002 11:41:34 AM PDT by Freedom2specul8
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To: All; VRWC_minion
I incorrectly made a conclusion about the statements I posted earlier. Allow me to fix it.

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.

That was the INVALID conclusion.

HERE IS THE CORRECT one:

All those that have said there is NO WAY Danielle could have gone to the park by herself, and the MH have been there at the same time ARE ABSOLUTELY WRONG, and they ought to admit it.

NOW, let's see if those posters can admit Daneille did go to the park unescorted, and could have been there at the same time the MH was there.

312 posted on 07/30/2002 11:41:53 AM PDT by UCANSEE2
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To: UCANSEE2
The Brenda who said her kids never were out by themselves, but the neighbors say different?

I'm still waiting for that testimony. The neighbor who saw the boy in front of his own house two weeks or so ago said he didn't cross the street but looked like he wanted to so she helped him.

Zero evidence van Dam kids running hither and yon unsupervised.

Zero evidence near, much less in, the MH.

313 posted on 07/30/2002 11:42:00 AM PDT by cyncooper
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To: shezza
He just said bugologist can NOT say when body was placed there. Slam dunk

mummilogist...skin can mummify in 24 hrs..slam dunk

314 posted on 07/30/2002 11:43:14 AM PDT by Freedom2specul8
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To: VRWC_minion
At singing hills he gets the body was available anytime from 2/2 to 2/12.

Note--Like I predicted, he is calculating both the first bug guys dates and his own date by using temps from various places. But I suspect I will continue to be macked by those with superior knowledge and logic.

315 posted on 07/30/2002 11:43:17 AM PDT by VRWC_minion
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To: ~Kim4VRWC's~
Not at all, not at all, his petard isn't the same as the Sgt's.
316 posted on 07/30/2002 11:43:55 AM PDT by bvw
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To: shezza
Singing Hills data, post-feeding stage not reached until Feb 2. No maximum date. Minimum period of time to reach third enstar.
Feb 12 is beginning of third enstar.

How precise is this number? This is an estimate. This data had limitations. Only maximums and minimums. We don't know what went on during the day. (Sounds like he was provided the golf guy's records rather than the National Weather Services' hourly temperature readings.)

Does not tell us when body arrived at Dehesa Road. NO way of knowing when body was dumped. Entomology is not a precise field.

Made similar calculations at Brown Field.

*This isn't all making sense to me. Anybody jump in and clarify!

317 posted on 07/30/2002 11:44:16 AM PDT by shezza
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To: UCANSEE2
All those that have said there is NO WAY Danielle could have gone to the park by herself

I never made that claim. Only that its one more highly unlikely event.

318 posted on 07/30/2002 11:44:21 AM PDT by VRWC_minion
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To: shezza
I think he is saying had to before the 12th or before with the Singing Hill's data and verbally seems to say for the last stage to start (indicating to me more time) but on the white board behind him Feb 12th is the date shown. Dusek better get this cleared up.
319 posted on 07/30/2002 11:45:00 AM PDT by clearvision
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To: UCANSEE2
I dont' know who argued with you about it, but I'm pretty sure it wasn't me. I usually refrain from arguments like that for this very reason... not enough facts and because it's too hard to argue with some one who doesn't believe the testimony of the victims or victims mom.
320 posted on 07/30/2002 11:45:06 AM PDT by Freedom2specul8
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