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.
Let me state for the record that I AM NOT AN EXPERT - having experience is one thing, but knowing EVERYTHING is another matter - I am short about 6 years of schooling and at least 2 certifications before I can even come close! I have seen and assisted in much, I may be knowledgeable, but I do not have NEAR enough letters behind my moniker to claim expertise!
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This entire article is interesting....
http://www.crimelibrary.com/forensics/serology/3.htm
According to Henry C. Lee, a forensics expert who has assisted law enforcement in over 6,000 major criminal investigations—including that of O. J. Simpson---blood evidence is found most often in "crimes of violence such as homicide, assault, and sexual assault." It may be in the form of fresh liquid, coagulated, dried, or as a small drop or stain, and each form involves a different method of preservation and collection.
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There are several tests—presumptive tests used strictly for screening---that will differentiate between blood and other substances, but if other chemicals are present at the scene to which the test chemicals are sensitive, the tests may be vulnerable to corruption. For that reason, these tests are done with great care. A positive result from any of them is an indication to go ahead and use other tests to confirm.
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The Kastle-Meyer Color Test uses a solution of phenolphthalein and hydrogen peroxide on a piece of filter paper, and when blood of any quantity is present, it turns pink. However, it also turns pink in the presence of potatoes or horseradish, so care must be taken at the scene.
http://www.thesandiegochannel.com/sand/news/stories/news-152281920020620-130651.html
Three stains tested positive for the presumptive presence of blood, the criminalist testified. They were on the front right middle, the front right shoulder and the neck portion of the jacket, he said.
http://www.cnn.com/US/9609/18/simpson.trial/
The judge ordered a special hearing to determine the admissibility of presumptive blood tests. Those tests indicated the presence of blood in the drains of Simpson's bathroom sink and shower, and on the air conditioner by the guest house at his estate. Simpson's lawyers counter that since no further testing was done to prove the stains were human blood, the jurors should not hear any of it. The presumptive test results were barred at the criminal trial.
presumptive presence of blood
http://www.crime-scene.com/ecpi/serology.shtml
Phenolphthalein is one of the most commonly used tools both in the field and laboratory to indicate the presence of blood.
:Blood Tests These presumptive blood tests are designed to be a simple one-shot test for the presence of blood.
JJ i pinged u cuz I thought you might still be interested in the blood test.
That entire story is terrible. I know there are cases like that out there..no doubt.
"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
I'm pinging ucansee2 to help fill in the blanks if he can. We live in the same area..which is why I'm pinging him. There was a case in our metro area, which 6 teens (3 boys, 3 girls) were accosted by "2" males w/guns. the girls got "raped" and all but 1 girl were killed execution style...if I recall correctly. Anything can happen. :( Ucansee2, can you remember the details? It's been awhile....
Without knowing what was poured down the drain ...
Soap and hot water would degrade things after a while, again how much and for how long ?
Add in a sink clenser like "Comet" containing sodium hypoclorides, the DNA will degrade very fast, if not immediately.
Disclaimer: I'm not a micro-biology eggspurt, just a computer dude that knows some chemistry and keeps up with the related stuff.
That would be SO AWESOME! Ya'll will have to figure out how to get the program on your puter so you can talk to each other free over the internet.
Were they actually cleared in the 1st 24 hrs? Isn't that impossible? What about the lie detector tests? When were they given?
( ..there is so much combined knowledge, experience, etc of FR..I love it)
LOL! needless to say, my cousin and eldest brother, although highly intelligent - are technologically challenged! And since I don't have the patience to teach them what little knowledge I have over the phone - I just call them.
A cool 106 here in the Coachell Valley
Tee hee hee. That's funny!
Yes Kim. JJ & I hashed this out many threads ago.
The motorhome carpet was tested with the phenolphthalein reagent test. The vD home and the green jacket got the Hemostix testing, IIRC. Hemostix has an even worse false positive rate than phenolphthalein, but LE uses them because the test is simple and cheap.
A conclusive test such as precipitin anti-body or a hemochromagen (Takayama test) was not done, or at least no testimony of it being done.
The DNA is there, no doubt in my mind.
What is questionable is: Is it blood or some other substance that contains DNA ?
Or if you consider the "salting" theory, Det Ott with knapkin and ketchup pack from MickyD's ?
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