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Judge Mudd Refuses Sequester Plea: Westerfield Jury Verdict In Sep? (Aug. 16th Verdict Watch)
Union Trib ^ | August 15, 2002 | Jeff Dillion/Steve Perez

Posted on 08/16/2002 6:39:20 AM PDT by FresnoDA

Judge denies defense motion to sequester jury

By Jeff Dillon and Steve Perez
SIGNONSANDIEGO

August 15, 2002

Judge William D. Mudd addressed counsel on a motion by defense attorney Steven Feldman regarding media access to jurors in the trial of defendant David Westerfield at San Diego courthouse, August 15, 2002. Westerfield is accused of the kidnapping and murder of seven-year old Danielle van Dam from her Sabre Springs home, last February.  REUTERS/POOL/Dan TrevanArguing 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:

 



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To: Dave_in_Upland
Dave, I think you got it right.
1,141 posted on 08/17/2002 12:43:56 PM PDT by John Jamieson
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To: CAPPSMADNESS
one more time for the freepmail....I feel like I'm playin' tennis!! :-)
1,142 posted on 08/17/2002 12:45:23 PM PDT by domestice
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To: John Jamieson
You crack me up! :)
1,143 posted on 08/17/2002 12:46:06 PM PDT by domestice
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To: Rheo
No I think one from 1/26 was there and the 2nd from 2/4 was there (in the SUV). The one(s) from the morning would have been in the MH and I'm not sure they found those.
1,144 posted on 08/17/2002 12:51:04 PM PDT by clearvision
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To: Rheo
No relation to Phil Rowland of the child porno ring I assume?

No just a retired school teacher land barron :)

1,145 posted on 08/17/2002 12:52:31 PM PDT by itsahoot
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To: Dave_in_Upland
Yes..tis could be the case. I guess it boils down to, if there is no hard evidence, physical, more than just one witness....what is a juror to do? They must acquit, or find not guilty...otherwise, anyone w/ a beef against someone could say anything & get 'em thrown in the slammer...

Since men aren't perfect, our justice system isn't, but I get some consolation that the perfect judge above, will right all of the wrongs that have come to pass, ....phew, what a day that will be!!!
1,146 posted on 08/17/2002 12:52:44 PM PDT by domestice
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To: CAPPSMADNESS
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.

Although expert opinion from you and your cousin is worth a million, it's your two LE brothers who really give me a chill. I don't think I have to expound on what I mean, either.

1,147 posted on 08/17/2002 12:55:22 PM PDT by JudyB1938
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To: Rheo
Rheo, Are you the one that posted that Barb Easton owns some property up at Big Bear? We know that Bill Libby has a cabin at Big Bear.

If true, that would be very revealing.

Maybe DVD didn't go to Big Bear on Friday, because he knew that Barb would not be up there.

1,148 posted on 08/17/2002 12:56:06 PM PDT by demsux
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To: clearvision
Have we seen any sort of itemized list of what they examined from the mh, or does all of that stuff just fit in under the heading of a warrant for the mh and contents?
1,149 posted on 08/17/2002 12:57:34 PM PDT by pinz-n-needlez
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To: small_l_libertarian
I understand that DNA can degrade, and that could cause some "misses." (That info came from Holland - not my own understanding). How fast would that DNA from her hair degrade? If it takes more than just a few days, would that mean that the hair must be old? Am I missing something obvious that is going to make me go, "DUH!"?

It's not the age of the sample, it is exposure to various chemicals and radiation plus the length of time exposed.
Some pair sequences will degrade faster than others.

A (maybe) good analogy is a painting.
Some colors will fade quickly when exposed to sunlight. Other colors degrade due to air-pollution. At some point you'll have trouble discerning the blue from the green.

So the sample in the drain trap would have been exposed to soap, hot water, and any cleansers. It's reasonable that bits of markers aren't there --or so degraded that the test result is inconclusive.

1,150 posted on 08/17/2002 1:11:16 PM PDT by dread78645
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To: Rheo; clearvision
DW concealed the first trip to the drycleaners from the police. The affidavit reveals that it was not until 2/6 that he finally told about taking in the bedding.

Under cross-exam by Boyce, Torgersen states that when shown the 2/4 receipt Mills brought out the black pants, t-shirt and sweater. This tells me that that receipt corresponds to trip #2. He got a search warrant after confirming that was the establishment he was looking for. He had information at this time that the bedding was there from DW's statement earlier that same day so was able in the affidavit to state he was looking for bedding. Upon returning 2/7 with warrant he picked up all items brought in on 2/4, which were the bedding and green jacket from trip #1 and the black clothing from trip #2.

The items brought in on 1/26 were no longer at the establishment. In fact, I am not aware the 1/26 visit was introduced into evidence at all. The only reference I've heard is in Feldman's close, so it is irrelevant, except that it was a clue leading the detectives to which drycleaners DW frequented.
1,151 posted on 08/17/2002 1:17:55 PM PDT by cyncooper
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To: ~Kim4VRWC's~
What was he convicted of?

I really don't remember, but he had been in pretty serious trouble.

And do you know why he was acquitted?

The jury just didn't believe they made a case. Neither did I.

Is the inconclusive DNA testing the reason he was acquitted?

NO. DNA was not in vogue at the time tests were done 10 or 15
years later. My guess is if that he would have been released
today with that finding. There has been many books written
on this case lot of varied opinions.

There is a witness that swears he dropped 3 people off near the camp that night, but he has been totally ignored. People tried
to get a grand jury started, but they had lots of road blocks from
authorities.

As for Gene Hart, this viral young Indian that had evaded hundreds
of people searching the woods for him, conviently died of a
massive heart attack, while in prison.

The FBI, Special forces, OCB, Special dogs, helicopters with
super secret infrared detectors, and this clever Indain survived
in the woods living off the land. Or so the story went.

He himself said in the only interview with him after the trial
that he slept in a bed every night. This was a really big media
event, they had to have someone so.....

The theory that he went into the tent and killed three girls and dragged them out into the woods all by himself just never washed with me nor the jury apparently. Bur hey, they closed the case
and that is what it is all about, I guess.

1,152 posted on 08/17/2002 1:18:09 PM PDT by itsahoot
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To: demsux
This is all I could find on Easton, owing property in
San Bernadino County.

Name Type Title Recording Date Document Nbr
EASTON BARBARA A Grantor ASGT TR DD 06/15/2000 2000-0214157

1,153 posted on 08/17/2002 1:29:18 PM PDT by the Deejay
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To: JudyB1938
Fifty years later, probably most know nothing about the Mayes family.

Sad but true, can't be cluttering up the minds of those young people
memorizing all those useless facts.

I was in Tulsa for the month of July, it got pretty hot there, of course
I do live in the desert here so I was used to it :)

1,154 posted on 08/17/2002 1:30:09 PM PDT by itsahoot
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To: John Jamieson
Carbon 69 dating

Swinging sex, child porn, and now perverted isotopes ?

Hmmmmm ...

1,155 posted on 08/17/2002 1:35:26 PM PDT by dread78645
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To: John Jamieson
Didn't Dusek bring in a rope to show us how large that fiber was?

I thought he was trying to sneak in more fibre evidence.

1,156 posted on 08/17/2002 1:37:16 PM PDT by dread78645
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To: itsahoot
At this moment, it is 107 in Vegas.
1,157 posted on 08/17/2002 1:44:23 PM PDT by JudyB1938
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To: JudyB1938
But it's a dry heat, right? People used to tease us with the "dry heat" thing when we lived in Boulder City and I'd mention how HOT it was! We are in Texas now. The humidity does make a big difference. I do miss Nevada.
1,158 posted on 08/17/2002 1:49:33 PM PDT by Jrabbit
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To: domestice
My turn at serve - right back at ya again!
1,159 posted on 08/17/2002 1:49:54 PM PDT by CAPPSMADNESS
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To: demsux
I found a Barbara Easton that owns 3.44 acres but it's not at Big Bear, it's in San Diego.
1,160 posted on 08/17/2002 1:50:17 PM PDT by Rheo
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