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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: FresnoDA
As I have said, I am new to this investigation. But I have not read this,Jurors deciding David Westerfield's fate have spent part of their deliberations reviewing pornographic movies depicting the rape of young girls.

Were there videos of girls or women being raped?

761 posted on 08/14/2002 6:38:32 PM PDT by carenot
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To: the Deejay
Also, the media was watching his every move 24/7 right along with LE.

Can you imagine the parade when DW had to go out??????

762 posted on 08/14/2002 6:39:30 PM PDT by UCANSEE2
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To: BullDog108
Okay, thanks. You've cleared it up for me. All I know
about the area is from a few trials here & there.
763 posted on 08/14/2002 6:40:20 PM PDT by the Deejay
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To: BullDog108
La Jolla - lots of old money there...ramshackle beach bungalow costs $1 million...can't put out For Sale signs.

Was the Scripps family part of the mob?

764 posted on 08/14/2002 6:40:36 PM PDT by crypt2k
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To: the Deejay
I don't know about the Betty Broderick case. Tell me,please.
765 posted on 08/14/2002 6:41:36 PM PDT by pinz-n-needlez
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To: ican'tbelieveit
If the prosecution would lie that outrageously in closing arguments, it is obvious he would lie about everything else.

According to the PROSECUTION's whole case, and opening and closing statements, the MEDIA, the LE's, this must be true.

They said that DW lied about this, about that, so he's guilty and lying about everything.

What's good for the goose is good for the gander, eh?

766 posted on 08/14/2002 6:41:50 PM PDT by UCANSEE2
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To: juzcuz
do you think the VD's had a B&B arrangement going in their own home

I was thinking that BVD may have had a Bed arrangement in her home. Haven't there been some famous stories/busts about these "hooker housewives" - running a prostitution ring out of their homes during the day?

Heck, a high-school acquaintance of mine was doing phone sex on Saturday mornings while her 4 year old son was watching TV downstairs, and her husband was at work! (By the way, that little factoid ended the acquaintance-ship)
767 posted on 08/14/2002 6:42:57 PM PDT by NatureGirl
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To: UCANSEE2
Ok just for argument sake...DW is convicted..OK...that is going to take years and years to change...in the meantime..what are you all going to do about Dusek and the DA's who we know are just as corrupt as the defense attorneys.

It's just a no win situation for any of us. And frankly I really have no great idea how the system is going to be changed. Feldman is not a man of integrity. He would have defended OJ if he was the chosen one.

I recently was a plaintiff in a bankruptcy proceeding. The trustee was supposed to be working for the state... OMG..this guy was the biggest bastard I could not even have imagined in my entire life. Call me niave but hey, I was the plaintiff, this was thrown into my face.

I have yet to go review the final bankruptcy papers but I do know one thing, no creditors got paid...Mr Trustee got paid and all his lawyers and accountants and appraisers....

I used to have a bit of faith in the state lawyers but not anymore. I almost lost my home. Even my own lawyer took abuse from this bastard.

Feldman would defend a man he knew was guilty, I have no doubts about that. It must personally pain him to have his whole law career in this case in public with many watching and he may fail.

The entire legal system today is screwed.

768 posted on 08/14/2002 6:43:19 PM PDT by alisasny
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To: Yeti
Yum. But do that to zucchini and it will be even better.

Is your name from Heinlein?(seems like that's what they were called, but it has been so long...)


Will have to try it with zucchini; sounds good. SilentWitness is just philosophical (sp?) Our souls are always watching what our physical being does throughout our lives.
769 posted on 08/14/2002 6:43:24 PM PDT by SilentWitness
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To: Yeti
It doesn't matter if you agree or disagree with me. It's over, but I do think Elian will be back someday. Castro can't live forever. I was for the boy going to live with his father.

I still bear the scars from that battle..

sw

770 posted on 08/14/2002 6:44:35 PM PDT by spectre
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To: NatureGirl
I guess they think he finally succombed to his inner passions only because he was suffering rejection by the big girls and in his drunken stupor chose a little bitty girl to satisfy his lusts. Not a pedophile thing ... just a crime of opportunity. Wouldn't have mattered how old she was.

Then why in heck didn't he stay and rape one of those gals at the bar? Those people sure don't make sense, do they!
771 posted on 08/14/2002 6:44:57 PM PDT by JudyB1938
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To: UCANSEE2
The GPS was not common knowledge

Yes, that's what I meant. I just can't remember who testified about watching DW 24/7.

772 posted on 08/14/2002 6:44:57 PM PDT by I. Ben Hurt
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To: Yeti
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.

Glad you said that. I didn't know they were making money on the side. That would explain some things. There are likely explanations for many of the things we find suspicious about the VD's and I would accept any of those explanations, UP and UNTIL Danielle's disappearance.

Then I say, doesn't matter , they had no reason from that point on to LIE to POLICE while their daughter could have been found alive. (unless they already knew she was dead, for instance).

773 posted on 08/14/2002 6:45:02 PM PDT by UCANSEE2
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To: EnquiringMind
Here's another lurker who thinks DW is innocent...at least
they haven't proven to me 'guilty' beyond a reasonable doubt...
774 posted on 08/14/2002 6:45:15 PM PDT by domestice
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To: UCANSEE2
Yeah, he very own police escort service. No one would
have gotten away with mugging him. LOL
775 posted on 08/14/2002 6:46:29 PM PDT by the Deejay
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To: NatureGirl
Thanks--

I'll have to make sure I never use that term to describe that I live in a suburb. I think I'm the one out of touch because I didn't understand.

776 posted on 08/14/2002 6:46:50 PM PDT by juzcuz
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To: L,TOWM
They have completed alienated me in this trial.

They? Who they?

777 posted on 08/14/2002 6:47:35 PM PDT by carenot
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To: the Deejay
meant house, but you're right, could have been hose
778 posted on 08/14/2002 6:49:40 PM PDT by demsux
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To: spectre
I am sorry I missed the hostility on the Elian threads...

I was very in the middle on Elian...his father had a right to him but I wanted him to be an American after his mothers flight.

I did not appreciate the mothers dubiousness in getting Elian to USA.

I hold a prayer for that child that he will be the leader to start a new cuban govt.

779 posted on 08/14/2002 6:50:11 PM PDT by alisasny
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To: KnutCase
Did anyone see the plug on Court TV just now for the TV show "Monk"? I don't/can't get Court TV. But I LOVE the Monk show!
780 posted on 08/14/2002 6:50:21 PM PDT by carenot
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