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.

   

[CAPPSMADNESS]

"it's your two LE brothers who really give me a chill"

Although I fully understand your feelings, just remember - there are good cops as well as bad cops, just like every other profession

[Rheo]

You must be right...the 2/4 receipt is for Tues pickup..the morning receipt would show Monday as he had it in in time for same day.

So, wonder why the early morning receipt wasn't included or found?

[the Deejay]

Big Bear is in San Bernadino County. RE: My post #1153.

[clearvision]

I bet a body would mummify in hours in that kind of heat and low humidity....

[Jrabbit]

I think on some days when the wind was really blowing a body could mummify in minutes!

[demsux]

Big Bear is in San Bernadino County. RE: My post #1153.

I notice that the county assessor is not giving info., based on owner name.

[Rheo]

Freepmail

[cyncooper]

At this moment, it is 107 in Vegas.

I didn't know you lived in Las Vegas.

Temperature here in Tucson is about the same as yours.

[JudyB1938]

http://www.freerepublic.com/focus/news/734806/posts

Two Arrested For Murder Of UK Girls

Speculation: SRA (Satanic Ritual Abuse)

Speculation: Child porn and snuff flicks are another possibility (FBI's sting snares 7,000 paedophiles across Britain)

***

Notice the involvement of the FBI. Maybe that's why they were in on the investigation of Danielle and can't "share" any truths they've found - don't want to jeopardize their investigation. Westerfield would be just collateral damage in the overall scheme of a "win" for them in preventing future mass scale rape/murders of little girls all over the world.

Also, people better pay attention to what hoosiermama dug up for us about evil rituals. There's more of it going on than the common man can even begin to comprehend.

I still wish somebody could find out if the Demon ties into that porn ring. It could explain a lot of things and probably exonerate Westerfield.

And find that darned refrigerator that is the key as to what happened to Danielle. JJ told us about that, remember?

[the Deejay]

Yeah, each county has a different method of listing
properties & owner info.

I found the SDPD booking log for DW.

[JudyB1938]

I know that, but when your two brothers more or less substantiate it ... that's what really got to me. When professional law men even admit there's something weird going on ... well ...

By the way, tell them thanks for being a part of the good guys!!

[JudyB1938]

I hear all of the time about "dry heat". Bull. When it gets above 100, that's HOT, I don't care WHERE you live. The only difference I see is that in the desert your sweat gets sucked right out of your bones, whereas in Louisiana, the sweat pours like a waterfall down your chest.

I'm tired of Vegas and the desert. I'm thinking of moving to Moberly, Missouri. Does anybody know anything about that place? It's my ancestral home, and I want to do some genealogy work there.

[the Deejay]

I've been doing genealogy online for about six years.
You should be able to find out a good deal on Moberly, Missouri from the genealogy websites.

[Rheo]

The 3.44 acres for Barb is our Barb..the mailing address is next door to the address I gave you for Andy, which must be where Denise was living at the time.

[hoosiermama]

With the FBI involved (7,000 arrested in England) I'd say it just a matter of time before the arrest start in the USA.

Let's see, if we set up a formula .....seven thousand is what persentage of the population of GB? .....HHmmmm Now compared to the USA....Well gee whiz....I'd say we might get rid of the entire left coast!

[the Deejay]

"I'd say we might get rid of the entire left coast!"

Really?! Or, it just might make Sabre Springs a ghost town.

[hoosiermama]

That too! And then there's San Francisco, Hollywood..... Of course the right side of the state would still be there! LOL Sort of "Left behind"?!?!

[JudyB1938]

I've had people who really know what they are doing and who have paid subscriptions to the online genealogical sites, but they can find NOTHING on my g-grandparents. So weird. They've told me I need to go search the records in person - things that are not available online. It's almost like they never existed, but I know they did. I'm here. :0)

[the Deejay]

I was just focusing on Sabre Springs, the one I do know
way too much about as far as porno gropers/groupies.

[JudyB1938]

That was a pretty scary story, especially when we combine it with this one, huh? I sure hope other people go read it.