Judge Mudd Refuses Sequester Plea: Westerfield Jury Verdict In Sep? (Aug. 16th Verdict Watch)

Union Trib ^ | August 15, 2002 | Jeff Dillion/Steve Perez

[FresnoDA]

Judge denies defense motion to sequester jury

By Jeff Dillon and Steve Perez
SIGNONSANDIEGO

August 15, 2002

Arguing that media coverage was creating a "lynch mob mentality" that could pressure jurors to return a guilty verdict, the defense attorney for David Westerfield today asked the judge yet again to sequester the jury.

While the jury completed its first week of deliberations without a verdict, Superior Court Judge William Mudd denied the request and a related motion to "pull the plug" on television and radio coverage of the courtroom proceedings, but agreed to set aside a private room for jurors to take breaks. Defense attorney Steven Feldman had argued that reports suggested jurors felt like they were under siege, unable to leave their deliberating room, go to lunch or walk home without being watched or followed.

"We have no assurance that they are not be intimidated ... by the presence of the media," Feldman told Mudd during a morning hearing. "We can think of only one fair resolution to that: Get the jury out of harm's way."

 

'Broccoli heads'

He cited an incident earlier in the week in which radio talk show hosts from KFI-AM 640 in Los Angeles broadcast from outside the courthouse, waving stalks of broccoli around and reportedly calling jurors "broccoli heads" for being unable to return a quick guilty verdict.

Westerfield, 50, could face the death penalty if convicted of kidnapping 7-year-old Danielle van Dam from her family's Sabre Springs home on Feb. 2 and killing her. Jurors are in their sixth day of deliberations.

Lead prosecutor Jeff Dusek disagreed with Feldman's interpretations of the jury's complaints.

"Whether or not any guilty verdict in this case would be based on a siege mentality or the meida I think is pure speculation and utterly false in this case," Dusek said.

What the jurors had complained about was being watched all the time, he said.

"That hardly equates to being under siege," he said.

 

Trust in the jury

Mudd dismissed most of Feldman's concerns, saying that the jurors had only asked a bailiff to keep reporters a little bit farther away, though an alternate juror reported that he or she had been followed to his car.

Media coverage has diminished since the jurors began deliberating, the judge said.

"The synopsis programs on the two local TV networks are not in place," he said. "The talking heads are doing nothing but speculating about what the jury may or may not be thinking."

Mudd said there were no signs that jurors were being harassed by the public, especially since their names and faces haven't been publicized.

"We've all sat here and picked this jury, know their makeup and know their dedication to this cause," Mudd said. "I would prefer to think that any verdict they make in this case would be based upon the evidence."

Sequestering the jury also wouldn't protect them from any public reaction to the verdict, Mudd said.

 

'The activities of a few'

"The tragedy is, the majority of the people in this courtroom are abiding by the court's orders and working very hard to insure they, meaning the media, do not cause something to occur that is going to cause a mistrial," Mudd said. "Not all of them feel that way as is very apparent with the activities of a few."

Mudd took aim at two radio program hosts from Los Angeles who he previously described as "idiots."

"I suppose it's entertainment out of LA. I hope it stays in LA," he said. "The shows those two gentlemen put on made the court incredulous as to what they were attempting to do."

Mudd also announced:

 

• The jury asked to review the recall testimony of prosecution witness Jennifer Shen, a criminalist with the San Diego Police Department.

  On July 9, Shen's testimony interrupted presentation of defense witnesses. Shen, a San Diego police criminalist, testified about re-examining a group of fibers she had collected from Westerfield's 4Runner in February.

  The orange acrylic fibers, found in various places inside the SUV, were the same color and fabric as a fiber tangled in a plastic necklace that Danielle was wearing when authorities found her body in a hollow off Dehesa Road, Shen testified at the time.

  All the fibers looked identical under a microscope and appeared to have the same chemical makeup when tested using infrared technology, she said.

  Shen said the fibers seem "most likely to have come from something that was very loosely knit," such as a sweater or blanket.

   

• Reporters will no longer be allowed to ask questions of the court's bailiff and clerk.

  "You folks are going to deal with my PR person. You're going to leave my bailiff and my clerk alone," Mudd told reporters in the courtroom. "One statement leads to 60 questions that they're not going to answer and neither am I."

  Mudd decided to turn the daily updates over to the court's public information officer after deciding that an informal system set up to have a bailiff or court clerk provide updates had failed.

  "There was a simple note that they started at 9, they left at 4 left you chomping on bit to get copies," He said. "You're welcome to them, they'll be available as soon as we gett the minute order."

  Reporters and members of the public will not be informed immediately about notes passed by the jury, Mudd said. The judge said he had procedure to follow, that includes notifying the attorneys involved in the case about the note and determining the appropriate response.

  "This is a capital case and you go by steps," Mudd said.

   

[John Jamieson]

No, in fact i've wondered the same thing. The death wound could have been lost.

[John Jamieson]

if you defost it, they will come

[Jrabbit]

I know you're right about cops making things up. I found it interesting that everything DW said, they ran back to BVD to verify it. She lied right along with the cops.

[domestice]

Yes, I have truly learned alot reading on FR here...and these latest discussions. I have lurked from the very beginning, it hit home as our daughter will be 7 next month. I know I jumped right in, but felt that I kind of knew what had been discussed. well, I'm trying to keep up, but its 2:30 am here...think I should go to sleep soon....

Anyhow, I love reading everyones comments, everyone has their own perspective they can add...whether we all agree or not. I am amazed at the things I read! AND I'm glad God sent that angel!!

[pyx]

Ott states in one of the warrants that he says to DW(while retracing the trip)that he(Ott) hopes the searchers find her soon. DW supposedly says that the LE has done a very thourough job and so he thinks they will find her soon. Ott asks how soon, Dave and DW says "sooner than you think". This is after DW blurts out that the desert would be a good place to hide a body. These aren't the exact words.

I wonder if this might be another red-herring in this case passed along to us courtesy of the SD PD and Jeff Dusek

The EXACT quote from in Feldman's handwriting IIRC, was QUOTE AS EXPLOSIVE AS A CONFESSION UNQUOTE

For the DEFENSE attorney to write this, would seem to me to be something that benefits HIS OWN case and not that of the PERSECUTION prosecution.

Given that Detective Ott has a "history" of falsifying evidence, I have to wonder if a LIE OF OMISSION may have occured here.

The original question by Ott (who has a history) may have been, 'We're so discouraged in our search for Danielle, some are almost ready to give up.' and DAW could reply with a a comment such as 'God willing and if prayers are answered, it could be sooner than you think.'

A little selective editing and voila ! fabricated evidence a l'Ott, cooked to perfection. Did it happen this way ? I dunno. But its a reasonable explanation.

And since the body was NOT found in the sand dunes or near Glamis or other places on DAW's road trip, his comment about where the body might be, is moot since the body wasn't there.

[Jrabbit]

I wonder how far the Libby cabin in Big Bear is from the VD's house.

[Jrabbit]

IMO, Ott lied about everything. I, too have wondered why Feldman said what he said. It doesn't make sense that he's talking about DW. I just don't know.

[Rheo]

I am way behind so you probably have your answer but if not.....they used a shoe of DW's to scent the dogs thru the VD home....no hit!

[Jrabbit]

Hi, Rheo. Almost missed you. You have mail!

[John Jamieson]

The only big bear I could find was Big Bear Lake CA, 130 miles from Poway, about two hours.

[John Jamieson]

I guess he could have said, "No this would be a terrible place" but that would make him look guilty.

[dread78645]

The only other blood I am aware of in the VD residence was on the left wrist cuffs of the PJs ...

I'm lost. I remember it was the leg cuff ...

[Jrabbit]

Thanks, John.

[dread78645]

There's no way that naked dude could be described as a swinger.

Left, right, left, right, left, right. Squadron Halt.

Ready --to.

Present arms !

[Rheo]

I wonder how far the Libby cabin in Big Bear is from the VD's house.

About 140 miles....there is also a Barb Easton that owns 3.44 acres.

[Rheo]

Feldman said in his closing it was the ankle cuff...all the other testimony just stated left cuff..no specifics.

[Rheo]

Thanks..received.

[dread78645]

Yep, they did it. Nancy Grace was saying it again today.

'effing repropates. I did my part.

[JudyB1938]

Since the receipts are a graphic, I can't upload to this thread from my hard drive. I can't even save it to my webpage and bring it in here, because Angelfire won't allow pictures to be posted like that. If people want to see it, they will just have to go to the Adobe file itself, I guess. Sorry. I tried. Maybe your son would know how to do it. When you get a chance, ask him. Maybe we can all learn something? :)

[dread78645]

Dread, look at underlined testimony..dissection occurred.

Kimmy, look at a dictionary : dessication vs. dissect

Understand the difference ?