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.

   

[Hildy]

Because you're obviously a little slow, I'll repeat this...My SCREW YOU response was to post 805. As you can see, 805 is not there anymore because the language was a lot worse than SCREW YOU. If you'd stop LOLing all the time at what your perceive as your high degree of cleverness, maybe you would understand what people write.

[NatureGirl]

What? I haven't posted anything to you EVER and I'm supposed to apologize to YOU?

Sounds kinda .... victim to me. Will you be wanting reparations as well?

[NatureGirl]

I didn't think Freepers were so sensitive

HAHAHAHAHA! Oh, that's a good one! Do you do stand-up as well?

[Hildy]

Has Free Republic gone mad? Can everyone please lighten up. Obviously, you didn't get that I WAS KIDDDING. KIDDING. Geez.

[dread78645]

Or was the RV not at DW's house until saturday morning?

Correct, DAW left his house in the Toyota around 8:00 - 8:30, got the RV, and came back home. He loaded up the groceries and water then headed out to Coranado around 9:30 - 10:00am

[Jrabbit]

You don't know what a Smokey Backroom is? Oh, that's right. You wouldn't because you only show up on this thread to disrupt. Look under My Forums. The fact that the moderator didn't delete your SCREW YOU post is actually discussed in the SB forum. SCREW YOU doesn't offend me nearly as much as you do. And, as to my being too sensitive and needing to lighten up-well let's just say my response to that can be found above.

[Hildy]

I was KIDDING. It's called...sarcasm. In fact, I don't care if anyone apologizes to me. Oy vay.

[Hildy]

It's interesting that you say I only show up to disrupt. Is voicing a different opinion now considered a disruption on Free Republic?

[Lauratealeaf]

A typical childish response is (after saying something really stupid) "I was just kidding."

[fatima]

Deejay,I have been going home with a heat headache for the last 3 days,2 weeks ago at our thrift we lost all elec,not just us,everyone,I was going to close but people were coming in who also had no air.We had a spray bottle of water for the shoppers and sprayed them down as they shopped.Do my back,do my arms,etc,no coffee,no fan no nutton.We did our best day ever for our non-profit but I pray for all who live through this everyday without air conditioning.We have lose many in our area.

[NatureGirl]

Here goes the Westerfied is innocent people. I live in San Diego, believe me, I know this case inside and out. Westerfield is guilty as all get out and for those of you who believe the Van Dam family had a hand in this tragedy I say, SHAME ON YOU.

And here's the post that #805 was in response to. Now, I may not get touchy at someone who comes in with such an obvious high-handed attitude as this, but I'm sure there are others who would react differently.

It's obvious from some of your other comments that you think very highly of yourself. Expect to get called on it, or admit to being one of those "sensitive FReepers".

[ican'tbelieveit]

Kim, do you not understand the definition of presumptive?

[Freedom2specul8]

In case you missed it...Jim Rob made this forum area so people can duke it out.


http://www.freerepublic.com/focus/backroom/734529/posts?page=92#92

http://www.freerepublic.com/focus/backroom/734529/posts?page=249#249

http://www.freerepublic.com/focus/backroom/browse

[Freedom2specul8]

I understand that the blood test will not tell of it's human blood...further testing is required for that..which the DNA tests were done by someone...from FBI I believe, correct?

[ican'tbelieveit]

My point to you Kim, is you keep using the testimony using the testimony of presumption. If you are going to argue a point, use the correct testimony.

[JudyB1938]

Duhhh! I forgot. (hanging head in embarrassment)

[Freedom2specul8]

The defense did not dispute the criminalists findings wrt:the blood. What are you talking about?

[Freedom2specul8]

(btw, that wasn't a flame..some of us are stepping on eggshells here--)

[fatima]

You have posted this before,can anyone prove it is true or is it just your guess?

[JudyB1938]

My prize is a date with Brenda? With BRENDA?

ROFL