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.

   

[itsahoot]

Honestly, as much as feldman tried to get us to believe that she was in the MH for innocent reasons..he simply couldn't do it. He insinuated it...by showing it was left unlocked..but that's not enough IMHO. Can't wait to hear what the jury has to say about it!

Try this version Kimmie

Honestly, as much as Duseck tried to get us to believe that he was in the Van Dam house for evil reasons..he simply couldn't do it. He insinuated it...by showing the door unlocked..but that's not enough IMHO. Can't wait to hear what the jury has to say about it!

[Freedom2specul8]

Thanks for your reply....Explain to me the difference between presumed blood and "Three stains tested positive for the presumptive presence of blood" ----

[sawsalimb]

"could of she died from a stab wound or a .22 gunshot if the stab wound was in the frount of the stomache or the gunshot from say left to right close to the front of the cavity all the wound chanel as well as exit and entrance wound would/could of been eaten by the animals"

I'm not a ballistics expert either,and FWIW,I lean towards the theory that the cartridge casing was probably dropped there by someone hoping to throw a monkey wrench into the gears. Having said that,however,a .22LR is certainly powerful enough to kill with. And the bullet wouldn't necessarily penetrate the body,especially if it's match ammo,which is loaded to low levels to start with,for the most part.(In fact,if the lighting is right,you can sometimes watch the bullet on it's way to the target.)

[Bluebird Singing]

BINGO!!!

[bvw]

As I understand in the original Avila case, the jury did the best it could ... the girls came forth only months later, and there was (as I understand) no physical evidence. It boiled down to their word, and the words of children -- as witness testimony in a crime must be considered dubious testimony. But I am not ay all informed about that case beyond what I just said, and may be far from the mark.

[Freedom2specul8]

What about those cases in which the body isn't found, but defendant is convicted?
Assume that no one is blaming the parents for her death. The parents have been given credibility, all doubters aside, all previous consensual affairs aside... by the prosecution. The prosecution believes that danielle was ripped away from her parents home by criminal means.

The prosecution and parents believe that danielle's blood etc were in the MH because of criminal means. They believe the blood on dw's jacket was there by criminal means. The dead body shows a terrible crime occurred. DW has child porn..that's illegal and it's perverted.

No satisfactory explanation has been given to us, to say.."the blood was there while she was playing w/her friends" and the child porn was planted. No one got on the stand and said he had no interest in watching little kids being raped...

It's not like there was no evidence... Jennifer shen said the fibers found on both danielle and in the mh...were placed on her at or near the time of death. That could not have happened weeks prior to..

btw, not all doubt has to be removed to convict...but that should be confirmed by an atty...

[Freedom2specul8]

"... Jennifer shen said the fibers found on both danielle and in the mh..."

Should have read

"... Jennifer shen said the fibers found on both danielle and in the house.."

[Freedom2specul8]

Wouldn't residue have been on her skin or internal organs..?

[HoneyBoo]

That's about right. however it's a slow, winding trip up the mountain so it can take closer to 3 hrs, especially if there's bad weather or lots of traffic through Riverside County.

[sawsalimb]

check Freepmail,please.

[Freedom2specul8]

would you freepmail me the gist of the post hildy replied to..I was looking at the history of her posts..and couldn't find a negative one that dems might have replied to..????

[BARLF]

Hi Rheo, I thought Feldman did talk about all the things LE did to prove DW wasn't in the vD house during his opening statement. Not sure if he did during the trial. Would there be a specific reason he could not? Just wondring....

[ican'tbelieveit]

"presumptive presence of blood." PRESUMED to be blood. Not proven to be blood, PRESUMED.

[BARLF]

Wondering

[sawsalimb]

Good question-I have no idea how powder residue behaves,or if it could be detected after a corpse was exposed to the elements for a week or so. I suspect that the barrel lengeth of the firearm used,and the distance that the muzzle was from the victim at the time of firing would also be large factors,but that's just a guess on my part. Also,the body had been pretty well worked over by animals,and I could see where any evidence along those lines would be long gone by the time that poor girl's remains were found.

[Rheo]

Hi BARLF!

I wish Feldman had called the FBI dog handler that couldn't scent DW at the VD's and the dog handler that tried to scent Danielle from the VD home....why didn't the dog run right to DW's??...cuz didn't happen.

Still have to read his closing statement to refresh on the points he covered....but there is painting and weeding to be done!!

[Freedom2specul8]

I believe in the right and the creative art of self-defense...but sometimes we just have to raise standards so as to not drag down the forum..some of us have failed on more than once obviously.

Capps, I'm sure you missed some of the previous stuff that was left up towards me..I was appalled and it was allowed. But what the hey--no biggie...it all evens out in the end..

[Alamo-Girl]

Thanks for your post!

I do not know very much at all about the Avila trial. I only raised it as an example because Samantha's mother blamed them for the death of her child.

[Bluebird Singing]

I think it would be real interesting if you would find a couple of those cases so we could compare the types of evidence found which led the jury to convict.

[bvw]

A shot that pierced the girls bladder, lower abdomen and traveled right to the heart might explain draining of fluid and blood before any rigor set in, thus possibly quickening mummification, and also making the lower parts of the corpse more tasty for scavengers.