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. Posted on 08/16/2002 6:39:20 AM PDT by FresnoDA
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."
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.
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.
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:
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.
"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.
Attached to Detective Torgersen's search warrant affidavit (from the pdf posted by clearvision in #807).
They never proved it was blood. It was presumed blood.
They never proved that the fibers were an absolute match, just that they were similar. They did not prove that they were unusually unique, in other words, only Westerfield or Danielle could have had those fibers.
For all we know, Kim, you or I could shop at the same place and have the exact same fibers. It comes down to is Westerfield guilty beyond a reasonable doubt. Defense is still up 4. All the defense needs to score is one point for reasonable doubt. So even you admit the defense wins the dogs, that is 1.
And there are some on this forum who think they can't stand the remarks in Smokey Backroom?...Your's belongs in the gutter, Queenie.
It's easy for you to make these remarks behind the shield..here in the nursery.. isn't it?
Suggest you unloose that trash mouth of yours where we can properly respond, in kind...take it to the Smokey Backroom, coward.
sw
DATE: October 31 NAME: *SAMHAIN; ALL HALLOWS' EVE; HALLOWEEN; NOVEMBER EVE WITCHCRAFT: Rituals to contact the dead SATANISTS: Sexual and blood rituals with animal or humans & animal or human sacrificeDATE: December 21/22 NAME: YULE; WINTER SOLSTICE; WITCHCRAFT: Rituals celebrating the rebirth of the sun SATANISTS: Sexual rituals, animal or human
DATE: February 2 NAME: IMBOLIC; IMBOK; CANDLEMAS; OIMELE; LADY DAY; BRIGID DAY WITCHCRAFT: Sexual rituals; Celtic triple goddess Brigid honored. SATANISM: Sexual rituals, human
DATE: MARCH 20/21 NAME: Spring Equinox; Vernal Equinox WITCHCRAFT: This is a fertility sabbat. Pagans celebrate the coming of fertility of the earth; Sexual rituals celebrated by various groups. SATANISM: Orgies held; Animal or human sacrifices
DATE: April 30 NAME: *BELTANE; MAY EVE; ROODMAS DAY; WALPURGISNACHT WITCHCRAFT: Rituals focusing on the love between male & female. In fact, many pagan handcastings (weddings) take place at this sabbat. Rituals celebrating the fertility of the Mother Goddess (Earth) are carried out. SATANISTS: Blood rituals; Animal or human sacrifices
DATE: JUNE 21 NAME: SUMMER SOLSTICE; MIDSUMMER'S EVE; WITCHES: Bonfire rituals SATANISTS: Orgies; Animal or human sacrifices
DATE: AUGUST 1 NAME: LUGNASADH (Named for Celtic Solar god Lugh);LAMMAS DAY WITCHES: Harvest rituals SATANISTS: Animal or Human sacrifice
DATE: SEPTEMBER 21 to 23 (Date varies annually) NAME: AUTUMN EQUINOX WITCHES: Some covens have rituals reenacting Pluto or Hades (grim god of death) forcefully carrying of Persephone (young goddess of life) to the underworld. SATANISTS: Sexual orgies and or animal and human sacrifice.
Hey Mr. Dusek did that, remember? The 21 game theory of crimilinality. So many "coincidences" can not be a coincidence! Therefore Mr. Dusek would say -- Damon must have done it!
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