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.
And by just what sientific method did the determine the time the
fiber was placed there? Maybe there was a tiny clock in them that got smashed?
Maybe the steam cleaning of the carpet and the missing Dog bed
could account for that? Naw not possible, but we will never
know for sure because that wasn't investigated.
I have heard tha 22's happen to be a weapon of choice for
professional hit men.
And on cross examination she admitted that said statement presented as fact was in reality just a guess on her part.
I agree...
"It is not up to the prosecution to be giving ANYONE credibility "
The prosecution did not hide the VD's past from the jury. My point was, their credibility was created by believing them when they said at some point during the investigation that there was NOT a legitimate reason for danielle's blood to be on the jacket, mh etc.. That's all I meant.
"And LE's job to collect ALL evidence to rule out possible other subjects - both scenarios in which Dusek and the LE faied miserabley. "
I think that is just a matter of opinion. I can't remember if you said you work in the criminal justice field or not. Your posts are always so good! Whether you do or not, don't you expect the prosecution to use what they get? There is no other explanation for all the transfer of evidence. And what about the child porn (assuming they'll find him guilty) what are the chances of finding a neighbor will all this against him?
freepmail..
No relation to Phil Rowland of the child porno ring I assume?
I believe she explained it during her testimony... I have to leave for now. I'll try to find it when I get back if you haven't.
I think it's a matter of fact as they did not test all of the blood found in the home to my knowledge nor all of the fingerprints
"I can't remember if you said you work in the criminal justice field or not."
No - I work in the medical field and have worked in trauma centers, funeral homes and with the county ME back home. Two of my older brothers are LE (a captain and a detective) and my cousin is an attorney - we have really racked up the phone bill dollars discussing this case! And there is no clear consensus between the 4 of us - except that all of the evidence and persons involved should have been investigated and NO ONE should have been cleared within 24 hours.
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