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.

   

[fatima]

Grow up,You really need to go into the back room .Read most of your posts,You never had anything to add as I can see,we need info,a man's life is on the line .Wow,thanks JR.Love the back room,

[rolling_stone]

http://www.genetictechnologies.com/clect_civil.htm

D N A

[fatima]

Amen to you :))) who loves you baby.

[KnutCase]

There is something called Boot Camp for HTML, etc. Don't know anything about it. Maybe soneone else can enlighten us.

[hoosiermama]

KIM go back to this post.

[fatima]

Judy,you did well:))YOU WERE GOING TO BED AND i AM TELLING ON YOU.

[John Jamieson]

I use mapquest

[CAPPSMADNESS]

I appreciate your nomination, and although I may not be an expert on the subject I hope this suffices!

bait
Pronunciation: 'bAt
Function: verb
Etymology: Middle English, from Old Norse beita; akin to Old English b[AE]tan to bait, bItan to bite
Date: 13th century
transitive senses
1 a : to persecute or exasperate with unjust, malicious, or persistent attacks b : TEASE
2 a : to harass (as a chained animal) with dogs usually for sport b : to attack by biting and tearing
3 a : to furnish with bait b : ENTICE, LURE
4 : to give food and drink to (an animal) especially on the road
intransitive senses, archaic : to stop for food and rest when traveling
- bait.er noun
synonyms BAIT, BADGER, HECKLE, HECTOR, CHIVY, HOUND mean to harass by efforts to break down. BAIT implies wanton cruelty or delight in persecuting a helpless victim . BADGER implies pestering so as to drive a person to confusion or frenzy . HECKLE implies persistent annoying or belligerent interruptions of a speaker . HECTOR carries an implication of bullying and domineering . CHIVY suggests persecution by teasing or nagging . HOUND implies unrelenting pursuit and harassing .

Again, I appreciate your nomination, really I do - but I doubt that everyone will agree NOT TO DO IT - and even if they did, I doubt they could keep that promise. If you have taken offense at what I have said, then re-read my comments and then tell me where I made the error. I truely did not see anything productive in anything that either fatima or Hildy were posting except to inflame MizSterious and or others (hence why fatima felt the need to post her response to Miz twice). No one here has said that they hated Hildy and no one here identifies with Mr. Westerfield, so maybe you can explain to me what their true intentions were? Please do not think that I am flaming you, that is not my intent. But I get a little grumpy when I see the crud starting again.

[Alamo-Girl]

Thanks for the insight on the Dr. Laura show! I can't imagine how badly the jurors must have felt after Samantha's mom blamed them.

[hoosiermama]

Oops sorry PInz that post was meant for Kim.

[cyncooper]

If you used no HTML, then all you have to do is copy and paste (or type) any URL into your post. The system will automatically make the link for you.

I did not know that! Thanks for the posting this information.

[JudyB1938]

Wow ... did you see that! I was trying to post a kissing smiley, but they put that BIG RED boo-boo in instead.

[fatima]

We love you,stay here,they have no-one over there.

[alexandria]

Which ones??? What are your questions and I will try to answer as best I can - if you want links, that may take me a little longer - as I am HTML challenged

LOL! Sorry, I belive it had to do with the condition of DVD's lungs and something too graphic for posting? Possibly part of the "tennis " exchange with domestice.

[CAPPSMADNESS]

OH! that! actually it had more to do with the many reasons for fluid in the lungs.....

Freepmail to you!

[Freedom2specul8]

Excellent post Capps..We'll have to post it on all threads me thinks. No I was serious. There is baiting from BOTH sides and I would just like to see everyone called on it, and not just the opposite side. I've seen John Jamieson, Judy, fatima and a couple of others actually tell everyone to stop...we need more like them. Self-policing is ALWAYS the way to go..but for some reason, chaos seems to follow self-policing on these threads.

[JudyB1938]

Tattle tale
Tattle tale
Hanging on a bull's tail

When the bull comes out to pee,
You'll have a cup of tea.

haaa haaa .... from my childhood when the picture of that bull was painted in that French cave!

Wanna see it? Go here ...

http://faculty.uca.edu/~benw/biol4415/lecture13a/sld031.htm

[Freedom2specul8]

Thanks for the links.. am checking them out now..

[John Jamieson]

I'm talking about blood and now you're talking about DNA, I'm confused I guess.

I think the DNA was flaked from her underware.

I don't think the FBI had anything to do with it. It was a local job.

The lack of blood is an indication that the DNA was probably planted. LE didn't have any of her blood, that's the important point.

[JudyB1938]

You're sure welcome, my friend.