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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: alisasny
Well, I must have missed something along the way, because some of the FReepers whose names I recognize have been okay on these threads - DoughtyOne immediately comes to mind.

Speaking of naive - I offered up an opinion of something on a thread about Tim McVeigh once. The first two responses were so snide about my lack of knowledge that I never went back.

There are worse things than naivety, of course, but I am no longer under the illusion that FR is always a Ladies/Gentlemen's Club! LOL
741 posted on 08/14/2002 6:23:37 PM PDT by NatureGirl
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To: ican'tbelieveit
TWA800 threads. the list goes on.
742 posted on 08/14/2002 6:25:14 PM PDT by UCANSEE2
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To: ican'tbelieveit
I won't even go there! You're right. The most hatred at FR is on those threads.

I like the archaeology threads. But when they get turned into religious fights, I leave!
743 posted on 08/14/2002 6:26:03 PM PDT by JudyB1938
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To: JudyB1938
Bedroom communities--

Thanks for telling me.. I honestly did not know. So the area where the VD's live is considered a small town?? I don't know that either..
744 posted on 08/14/2002 6:26:20 PM PDT by juzcuz
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To: NatureGirl
Was his 24/7 surveillance common knowledge? I think it wouldn't be, because then it wouldn't be very effective.

Can't remember which LE person testified to this. I remember they placed a GPS tracking device on DW's vehicle without his knowledge.

745 posted on 08/14/2002 6:26:39 PM PDT by I. Ben Hurt
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To: BullDog108
Sorry, I don't know a great deal about CA in general.
Didn't mean to sound ignorant.
746 posted on 08/14/2002 6:26:41 PM PDT by the Deejay
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To: spectre
I did battle for a year on those Elian threads ...

I knew I recognized you from somewhere.... ;)

I sure followed that one, but I don't think I posted on it... Just curious, where did you stand on that one? I promise not to flame if I disagree.

747 posted on 08/14/2002 6:28:14 PM PDT by Yeti
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To: JudyB1938
We read about it happening in Thailand to little children

And speaking of Thailand, I've wondered about something for a while. If DW was into kids, why bother with someone in his own neighbourhood? He's a single guy, was well-off...He could have flown out to Thailand, or drove down to Mexico any time he wanted! No ties, no one to answer to as to his destination...

Other people here have suggested that he may have been "interested" in kids before, but never acted it out. Why would this guy who is SO clever about this crime have to commit the crime in the first place? Surely Mensa Man would have known that this stuff is legal in other countries?
748 posted on 08/14/2002 6:29:07 PM PDT by NatureGirl
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To: juzcuz
Bedroom communities--

Well,if that means "we have had the entire community in our bedroom" she may be right.

749 posted on 08/14/2002 6:30:05 PM PDT by UCANSEE2
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To: juzcuz
It's a suburban area of San Diego, the small town of Poway. At least I guess it's incorporated. Even if it's not, it still qualifies as a bedroom community.
750 posted on 08/14/2002 6:31:26 PM PDT by JudyB1938
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To: crypt2k
They needed the body to be found. Otherwise, it would have gone missing in the desert somewhere.
751 posted on 08/14/2002 6:31:31 PM PDT by NatureGirl
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To: ican'tbelieveit; Jaded
Yes, there are worse than these..I forgot about the religious threads...OUCH!

For the record, Jaded...I have said Westerfield is Not Guilty.

sw

752 posted on 08/14/2002 6:32:49 PM PDT by spectre
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To: I. Ben Hurt; NatureGirl
Was his 24/7 surveillance common knowledge? I think it wouldn't be, because then it wouldn't be very effective.

Sorry to jump in, but. The GPS was not common knowledge. The Surveillance was because there were unmarked police cars sitting outside his house, and they followed him everywhere he went. (Hilarious episode on going to Church's for chicken). The John and Ken *sshole show was doing thier spew from DW's front yard and broadcasting the whole debacle. There was a large crowd around his house most of the day watching the police watch him. I would say, yes, common knowledge.

753 posted on 08/14/2002 6:33:33 PM PDT by UCANSEE2
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To: juzcuz
bedroom community

Hmmm. I've always understood the term to mean areas where the people don't work, they just "sleep" in their homes - suburbia. Places like Dick Van Dyke lived in, in the old show. They commute to work elsewhere, but live in a "bedroom community". Maybe I'm just out of touch. ;-)
754 posted on 08/14/2002 6:34:48 PM PDT by NatureGirl
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To: UCANSEE2
Also, the media was watching his every move 24/7
right along with LE.
755 posted on 08/14/2002 6:35:18 PM PDT by the Deejay
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To: Jaded
I have to say last week, I was going with the not proven beyond a reasonable doubt. This week, after considering the prosecution's closing arguments, I think Westerfield is innocent.

If the prosecution would lie that outrageously in closing arguments, it is obvious he would lie about everything else.

756 posted on 08/14/2002 6:36:05 PM PDT by ican'tbelieveit
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To: UCANSEE2
Well,if that means "we have had the entire community in our bedroom" she may be right.

Maybe it was her way of saying they didn't fit in. "We live in a bedroom community, but we're really more of a garage family."

Sorry : /

In a vaguely relevent defense of the VDs, I think in the past there was lots of speculation about their income. We now know that they have made money on the side for years in real estate. That's one reason she used that term.

757 posted on 08/14/2002 6:36:05 PM PDT by Yeti
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To: UCANSEE2
Bedroom commune---

I was just wondering if Sabre Springs is considered a bedroom community or is that Brenda speak.
758 posted on 08/14/2002 6:37:13 PM PDT by juzcuz
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To: AppyPappy
I was amazed that OJ swore his innocence in public but would
not swear it in court.

OJ was given the opportunity to proclaim his innocense to the
court, however the prosecution was not allowed to cross examine him.

I imagine Westerfield would have loved that offer.

759 posted on 08/14/2002 6:38:00 PM PDT by itsahoot
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To: the Deejay
No problemo.

I was speaking about the history of La Jolla, which was built with mob money from the East Coast families. La Jolla to this day still influenses SD politics. Including that @$$hole DA trying to frame DW.

760 posted on 08/14/2002 6:38:20 PM PDT by BullDog108
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