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Deliberations Resume Friday, 8-9-02 In Trial Of David Westerfield (VERDICT WATCH CONTINUES!)
CNN.com ^ | August 9, 2002 | CNN

Posted on 08/08/2002 10:18:48 PM PDT by FresnoDA

Edited on 04/29/2004 2:00:58 AM PDT by Jim Robinson. [history]

SAN DIEGO, California (CNN) --A San Diego jury began deliberations Thursday in the trial of David Westerfield, accused of kidnapping and killing 7-year-old Danielle van Dam.

The panel of six men and six women adjourned for the day without reaching a verdict. It is set to resume deliberations Friday.


(Excerpt) Read more at cnn.com ...


TOPICS: Society
KEYWORDS: 180frank; daniellevandam; davidwesterfield; vandamswingers; westerfield
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To: NatureGirl
Juries are instructed, by law, NOT to go out and do their own research. That's why Fonda, as a real juror, couldn't bring in extraneous material. The other jurors would report such actions to the judge.

Juries cannot go out on their own and visit the crime scene, etc., it's the law.

They cannot recreate their own version of said crime, as they did in the movie. The "law" again.
521 posted on 08/09/2002 6:56:02 PM PDT by the Deejay
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To: All
Be sure to look at what is in unposted.com on this case.
522 posted on 08/09/2002 6:56:42 PM PDT by crystalk
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To: Jaded
I can hear fireworks going off in the distance, as I type. They make my dogs bark - poodles, not jackals ;-)
523 posted on 08/09/2002 6:57:05 PM PDT by NatureGirl
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To: The Other Harry
I don't think that jury nullification is a bad thing at all. I would bet that most on this thread don't, but I could be wrong.
524 posted on 08/09/2002 6:57:06 PM PDT by small_l_libertarian
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To: John Jamieson
You are baaaaaaaad.
525 posted on 08/09/2002 6:59:39 PM PDT by Jaded
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To: NatureGirl
All juries *can do* is use the facts, evidence & testimony presented in the courtroom. They can use their own knowledge when deliberating. Read the judge's instructions. They should be online with the closing arguments.
526 posted on 08/09/2002 7:00:36 PM PDT by the Deejay
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To: the Deejay
Maybe the day will come when the 12 will selected from around the country and will do the whole job on-line.
527 posted on 08/09/2002 7:03:14 PM PDT by John Jamieson
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To: small_l_libertarian
I don't think that jury nullification is a bad thing at all. I would bet that most on this thread don't, but I could be wrong.

I do think it should be rare, but DeeJay is incorrect -- it is not against the law. It is only against the rules. There can be times when is morally right to break the rules. Check my heart, and hen do what it says is the right thing. If they want to arrest me for that, I'll go.

I'm not talking about giving myself permission to commit crimes here -- only about what I'd do if I was on a jury.

Btw, I'm also a small "l".

528 posted on 08/09/2002 7:04:52 PM PDT by The Other Harry
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To: The Other Harry
Yes, but the rest of the jurors would report you (send a note to the judge) and you'd be off the jury real fast. I've seen it cases with lesser doings of a juror.

Jury nullification has to be the entire jury agreeing to do so. It rarely happens.
529 posted on 08/09/2002 7:05:51 PM PDT by the Deejay
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To: the Deejay
I don't have cable. Nor a satellite dish. Not even an antenna. I'm proud of the amount of TV that I don't watch. I still rent videos (or borrow them), however. I'm not a complete Luddite {laughs at self}.
530 posted on 08/09/2002 7:07:41 PM PDT by NatureGirl
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To: John Jamieson
"Maybe the day will come when the 12 will selected from around the country and will do the whole job on-line."

I've thought about that as well.


531 posted on 08/09/2002 7:07:44 PM PDT by the Deejay
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To: Jaded
Amen
532 posted on 08/09/2002 7:08:00 PM PDT by RnMomof7
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To: The Other Harry
After re-reading my reply to you, I'd like to clarify. I don't think that jury nullification is ALWAYS a bad thing.

Obviously, sometimes things go horribly awry with a jury, but I agree wholeheartedly with you - I would have to do what I felt was morally and ethically correct, even if I couldn't reconcile that with the law.

As to my small l status - the LP's heart is in the right place, but some of them are a bit scary. :-)
533 posted on 08/09/2002 7:08:12 PM PDT by small_l_libertarian
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To: the Deejay
Oh, I remember the judge's instructions from the other day. Thanks for the info.
534 posted on 08/09/2002 7:10:00 PM PDT by NatureGirl
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To: The Other Harry
I didn't say jury nullification is against the law. It isn't, but what you were suggesting you'd do on your own, as a single juror, is against the law. Even though there are 12 jurors, when deliberating, all one cohesive unit.

Unless, of course, a jury is hung by one or more. Haven't you ever been on jury duty?
535 posted on 08/09/2002 7:11:26 PM PDT by the Deejay
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To: the Deejay
All juries *can do* is use the facts, evidence & testimony presented in the courtroom.

This is absolutely incorrect.

They can do any damn thing they want to do. If they think the law is wrong or the circumstances compel a verdict other than that which the facts and the law seem to require, they can vote for that.

536 posted on 08/09/2002 7:13:23 PM PDT by The Other Harry
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To: formerDem
Yes, I do think that anyone who doesn't think Westerfield did it is unreasonable and irrational.

Lovely.

I'm so glad you popped in to explain how Dave Westerfield abducted the girl from her bedroom without leaving any physical evidence, waking the parents, alerting the dog, and the neighbors didn't see a thing (warning! ruby slippers, Klingon cloaking device, and Febreze is already taken).

Then please explain the testimony of the 4 entomologists' that say the body was exposed 4 to 18 days after DAW was under constant police watch ...

I'll be ever so grateful.

537 posted on 08/09/2002 7:16:06 PM PDT by dread78645
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To: The Other Harry
I think your right......and the jury is always right, by definition.
538 posted on 08/09/2002 7:16:08 PM PDT by John Jamieson
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To: NatureGirl
Well, I have cable & satellite, but don't watch much tv at all. My husband would croak if he didn't sit with two remote controls every night. I spend more time at the computer.

You're not missing a whole lot on the cable & satellite.
539 posted on 08/09/2002 7:16:33 PM PDT by the Deejay
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To: The Other Harry
But how often do juries think the "law is wrong"? Very, very rarely.

Read the judge's instructions.
540 posted on 08/09/2002 7:18:55 PM PDT by the Deejay
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