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Jurors To Hear Recorded Westerfield Tapes: Mudd Still Wrestling With Media! (VERDICT WATCH-Aug.14th)
Union Trib ^ | August 14, 2002 | San Diego Staff

Posted on 08/13/2002 10:12:33 PM PDT by FresnoDA

Jurors ask to hear recorded Westerfield interview

Judge Mudd lashes out at talk radio 'idiots,'
bars KFMB radio producer from courtroom

SIGNONSANDIEGO STAFF
and WIRE SERVICES

August 13, 2002A San Diego jury spent a brief second day deliberating August 9, 2002 in the trial of David Westerfield, man accused of kidnapping and murdering 7-year-old Danielle van Dam, before breaking for the weekend without reaching a verdict in the closely watched case. Judge William D. Mudd goes over the jury verdict form with jurors before sending them into deliberations in the trial at the San Diego courthouse on August 8.  (Dan Trevan/San Diego Herald Tribune via Reuters)

The fourth day of deliberations in the David Westerfield trial has ended with no conclusion by the jury. The jury will resume deliberations Wednesday morning at the San Diego County Courthouse. Earleir today, jurors asked to hear Westerfield's only recorded explanation of what he was doing the weekend 7-year-old Danielle van Dam was kidnapped.

Superior Court Judge William Mudd said he was granting a request from the jury for a tape recording and transcript of the taped interview Westerfield gave to police interrogation specialist Paul Redden on Feb. 4, two days after Danielle's disappearance.

During the interview, Westerfield makes a reference to "we" as he describes his meandering trip through San Diego and Imperial counties on Feb. 2 and Feb. 3.

"The little place we, we were at was just a little small turnoff-type place," Westerfield said.

Westerfield, 50, could face the death penalty if convicted of murder, kidnapping and a special circumstance allegation that the killing of Danielle van Dam occurred during the commission of kidnapping.

He is also accused of the misdemeanor possession of child pornography.

Jurors are in their fourth day of deliberations.

Mudd's disclosure came during a 10 a.m. open hearing on a request from KFMB-AM 760 to let River Stillwood, an assistant radio producer for talk show host Rick Roberts, back into the courtroom to cover the trial.

"She's out and will remain out and will not be permitted in for any live proceedings... because she is the representative of an individual who takes great glee and delight shoving it in this court's face," Mudd said.

Mudd ejected Stillwood from the courtroom on Thursday after asking her to tell him who told Roberts about the details of a Wednesday exchange between Mudd and the attorneys in the case during a sealed hearing.

Stillwood told Mudd that she didn't know who gave Roberts the information. On the air, Roberts later said he had received a call from a source in the courthouse.

The court is conducting an internal investigation, but cannot compel Roberts and Stillwood to name their source, Mudd said.

Stillwood can still sit in the pressroom and watch the video feed of any court activity, Mudd said.

KFMB was welcome to send someone else to sit in the courtroom, so long as the person was representing the radio station and not Roberts, he said.

KFMB's attorney Joann Rezzo argued that the disclosure did not violate the defendant's right to a fair trial. She also argued that Stillwood didn't give him "the source of the leak" because she didn't know who it was.

Before Mudd made his ruling, he invited comments from prosecutor Jeff Dusek, who managed only a wry remark.

"My inclination is to comment, but on advice of counsel, I I will submit," Dusek said, gesturing to his fellow prosecutor, Woody Clarke.

Defense attorney Robert Boyce told Mudd he was concerned about the integrity of proceedings. "They broadcast it, they knew what they were doing," Boyce said.

He called it "just another effort to sensationalize these proceedings."

Mudd told the media attorneys he welcomed the opportunity to make a "full and complete record" of his decision to eject Stillwood.

In his comments, Mudd made it clear he was still angry with KFMB television's decision to include a high school yearbook photo of Neal Westerfield during a telecast of the son of the defendant's testimony. Mudd had ordered that no television or print images of the adult, who is now 19, be transmitted.

The judge's inclination was to ban both the station's radio and TV representatives from the trial.

"Frankly, they seem to be the two networks in this community that just don't seem to get it," he said.

However, after his wife advised him to "sleep in it, " he gave the matter "serious thought," Mudd said.

He quoted a line from a Supreme Court decision in 1976 involving a press restraint issue in Nebraska.

" The extraordinary protections afforded by the First Amendment carry with them something in the nature of a fiduciary duty to exercise the protected rights responsibly--a duty widely acknowledged but not always observed by editors and publishers," Mudd said. "It is not asking too much to suggest that those who exercise First Amendment rights in newspapers or broadcasting enterprises direct some effort to protect the rights of an accused to a fair trial by unbiased jurors. "

Mudd said he was troubled by the host's decision to broadcast the information, knowing it was from a closed hearing.

The judge wasn't impressed by the host's justification that the general public was already aware of the issue, and that Stillwood was ignorant of the source.

He said the host wasn't conducting a search for the truth, but a grab for ratings. He also took the opportunity to lash out at "idiots from LA talk stations," who broadcast an afternoon program from a media compound outside the County courthouse. He said the members of the talk station were "acting like teen-agers" in front of the courthouse.

The judge acknowledged he could not control such behavior but could control his own courtroom.

The judge said officials from KFMB must be taking "great glee in shoving it in this court's face."

Fred D'Ambrosi, news director for KFMB-TV and Radio, said his television station showed only a high school yearbook photo of Westerfield's son.

"We didn't shoot him in court, which was the judge's order," D'Ambrosi said.

Regarding River Stillwood, D'Ambrosi said the issue was important because of the First Amendment and a free press. He added that he was not in charge of the Rick Roberts program.

"We're just trying to report the news and uphold the First Amendment," D'Ambrosi said. "If (Mudd) can ban River Stillwood, he can ban anybody." The news director suggested that the judge was angry because he didn't like the story that was reported.

D'Ambrosi said he had never spoken to Mudd, and called his reading of the situation "totally inaccurate."

Mudd said he had done a 180-degree turnaround on the issue of allowing cameras and reporters in the courtroom since deciding to allow Court TV to cover the trial live.


TOPICS: Society
KEYWORDS: westerfield
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To: Jaded
Maybe because some people can separate real from anime'?
281 posted on 08/14/2002 12:30:10 PM PDT by Politicalmom
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To: KnutCase
"I never take anything too serious."

Me either.

282 posted on 08/14/2002 12:31:19 PM PDT by the Deejay
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To: All
You folks are amazing that is all I can say. Two adults burst into tears from watching a rape video and you can actually rationalize that it has no effect on those who didn't burst into tears.

Wow.

283 posted on 08/14/2002 12:32:20 PM PDT by VRWC_minion
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To: VRWC_minion
Nancy, Nancy, Nancy ...
284 posted on 08/14/2002 12:33:53 PM PDT by bvw
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To: VRWC_minion
"that it has no effect on those who didn't burst into tears."

That's right. Now, go away.

285 posted on 08/14/2002 12:34:13 PM PDT by the Deejay
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To: VRWC_minion
Pleaze.
286 posted on 08/14/2002 12:34:20 PM PDT by Jaded
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To: small_l_libertarian
Do you think Mrs. Garrett is a child rapist, too?

Hmmmmmmm.......did she or did she not roll up her garden hose?

287 posted on 08/14/2002 12:34:23 PM PDT by Southflanknorthpawsis
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To: Southflanknorthpawsis
Did she use bleach in the wash?
288 posted on 08/14/2002 12:36:04 PM PDT by the Deejay
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To: spectre
Hey Spectre who has the jury list and guesses? CTV juts said a while ago they believe Juror 10 is foreman..
289 posted on 08/14/2002 12:36:16 PM PDT by RnMomof7
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To: RnMomof7
Juror ten is a CPA with a toddler or infant. Believes in the death penalty, and thinks it can be a deterrant. (This is from memory, hope I got it almost right)
290 posted on 08/14/2002 12:38:15 PM PDT by Politicalmom
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To: RnMomof7
The foreman is the 83 yr. old man. Don't know what his
# is offhand.
291 posted on 08/14/2002 12:38:34 PM PDT by the Deejay
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To: RnMomof7
All the notes passed on to the judge were from Juror #10....Common sense would lead one to believe he might be the foreman. Doesn't take a brain surgeon...
292 posted on 08/14/2002 12:38:52 PM PDT by KnutCase
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To: MizSterious
I have been ill and I am having company so boy am I behind

Friday at 2pm the jury will announce it is deadlocked and be sent back to deliberate further......On Tues at 2:30 they will announce they are still deadlocked and be dismissed

293 posted on 08/14/2002 12:40:26 PM PDT by RnMomof7
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To: the Deejay
The foreman is the 83 yr. old man.

Isn't he the one that has a few issues with the death penalty because he has a retarded son?

294 posted on 08/14/2002 12:40:49 PM PDT by Southflanknorthpawsis
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To: RnMomof7
CTV juts said a while ago they believe Juror 10 is foreman..

Man, they're right on top of things.

295 posted on 08/14/2002 12:41:52 PM PDT by dread78645
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To: VRWC_minion
So the fact that the movie was so offensive that two adults burst into tears from watching it is completely lost on you folks because the they were alternate jurors ?

It is Denial.

"The porn probably isn't really that bad...the only jurors to cry were alternates. If the prosecutions case was strong enough, the regular jurors would cry, too."

296 posted on 08/14/2002 12:42:51 PM PDT by truth_seeker
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To: RnMomof7
I hope you're feeling better. (You don't have to reply, I'm just sending good wishes.)
297 posted on 08/14/2002 12:43:13 PM PDT by small_l_libertarian
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To: basscleff
Tee hee
298 posted on 08/14/2002 12:43:15 PM PDT by pinz-n-needlez
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To: KnutCase
DJ says the foreman is an old man. Maybe Juror #10 is acting in a "secretarial" position?
299 posted on 08/14/2002 12:43:47 PM PDT by JudyB1938
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To: RnMomof7
I don't have the list at hand. Fres and Miz have posted them, but Miz is gone for the day :~(

So if it IS the CPA, the jury is going to be forced to cross those T's and dot those I's..

I don't see, contrary to what CTV is saying, that the Jury is taking too long in deliberations. Means nothing concerning what the verdict might mean, so far.

I've got another couple of hours till I lose my guess (3pm PT)...Can I guess again, or was that my final answer?! LOL.

sw

300 posted on 08/14/2002 12:44:03 PM PDT by spectre
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