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.

   

[rolling_stone]

Well Hildy, there are two camps here and most have followed the case since day one and feel they have a good idea of the facts and misinformation. Then someone (anyone not just you) comes along and acts like they know everything, it can cause a little friction. When these threads hit the news instead of chat all kinds of people jump on with misinformation and both sides here have to continously respond and IMO it gets tiresome.

There are people who have filed and researched every piece of evidence, and some very intelligent discussions have taken place. IMO this case has taken on the form of a us vs them event, with cheering and booing and lines drawn in the sand. I think it will get back to normal after about 10 years when the trial will be replayed in everyone's mind like the Superbowl 10 years ago.

As for why so many people think DW is not guilty (not necessarily innocent)my guess is a number of things, first the pd were quick to focus on DW and exclude other possible suspects, then with past cases in SD, Stephanie Crowe etc and the mudslinging at SDPD for their alleged violation of rights and questionable conduct, doubt is cast. Throw in the Vand Dam's less than forthright statements, the drinking, pot & swinging and you have more chance of doubt.

I don't think anyone want DW to get away with anything, I think they just truly believe the case was not proven and someone else is still out there.

When I approach a new person or dog, I do it cautiously and slowly, giving them time to get used to me before I take any sudden movements or confrontations. I think it might be wise to wade into the water here slowly instead of jumping in head first, once people are used to you, they are more likely to repond cordially,
JMHO
rs

[John Jamieson]

"showed DNA came from Danielle".

I think they did, unless it's a complete lie. To me the question is how did it get there? Was it planted?

[hoosiermama]

From the article:

Simpson noted parallels in the location where the girls' bodies were found.

"The fact that the bodies were disposed of in relatively close proximity to the abduction site. The method of disposal - the girls were just cast out into a ditch with the exception of one sock."

Amber's throat was cut. Laura's body was not intact, with her head separated from her body, but police believe that may be from decomposition, animals and water flow.

From other information:

Tlaltecuhtli ("Earth Lord") was a large earth monster in Aztec mythology described as female, who desires flesh and has mouths at her elbows, knees, and other joints.

According to the Histoyre du Mechique, Tezcatlipoca and Quetzalcoatl agree that they can't continue with their re-creation of the world with her around, so they decide to destroy her.
Transforming into two great serpents, one snake seizes her left hand and right foot while the other seizes her right hand and left foot. They then rip the monster apart - her upper body becoming the earth and her lower half is thrown into the sky to create the heavens.

This act of violence angers the other gods, and in order to console the earth, it is decided that all plants needed for human life will be created out of her body. The trees, flowers, & herbs come from her hair. The grasses and smaller flowers come form her skin. The mountain ridges and
valleys are made from her nose. Her eyes become the source of wells, springs and small caves, while her mouth becomes the source for great rivers and caverns. It is said she still screams for blood during the night & can only be soothed with sacrificial flesh and blood.

DO more research and I believe you'll see the virgin sacrifice, left foot, water connection.

Sweet dreams! I had trouble after reading it last night, so will not look for any more for you tonight.

[John Jamieson]

Because it could be ME on trial for my life, with such poor evidence and so many other possible perps.

[Hildy]

If it were you, wouldn't you want to get on the stand and proclaim your innocence, not matter what your lawyer said?

[Freedom2specul8]

RS, Great post!!

JJ, the hair was sent to the FBI...see this excerpt, I was wondering if blood had too. It's too hard to memorize everything.. Thanks for your help again.

[Jaded]

DNA test is not necessarily blood. Too bad there weren't enough samples for Defense to test. Oops. Marcia Clark said that too.

[hoosiermama]

If I were in that situation,I'd hire the best lawyer available and do exactly what he says to do. He knows the games and rule of the courtroom. AND believe me there are many that do not fit fair or logical.

[Freedom2specul8]

I am trying to figure out how they knew the left feet (foot) was the feet mentioned in the article...in the 'first' article . I understand the gal in the second one. It for sure said left foot.

First article "the girls were just cast out into a ditch with the exception of one sock.""

I'm going to read the reference to sacrifices tomorrow. Tis getting late!

Thanks for helping me piece it all together.

[dread78645]

so if there was evidence planted, it had to have been after DW got back from his trip, not that friday night that Danielle disappeared.?

Yes. It would have to be afterwards. The girl is dead for whatever reason, Brenda points to Westerfield, and the SDPD goes a-runnin'. The DA has a primary election coming up and he's in the spotlight ...

[hoosiermama]

It's really scarey and I may have given you the wrong god, but the general idea is spoooooooky!

[rolling_stone]

What no photos of jacket or carpet stain before testing? Why not?

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

Stains (Dry) - Blood, Semen or Saliva
For the best possible results, an item that has biological evidence deposited on it should be submitted in its entirety. Each item should be placed in a separate, clean paper bag, cardboard box or plastic bag (if entirely dry). If the item cannot be submitted in its entirety and a cutting cannot be taken, the following methods of collection may be used.

Place two or three drops of distilled water or physiological saline (0.85%) onto a sterile, cotton swab and rub over the stained area, transferring as much of the stained substance as possible onto the swab. Allow the swab(s) to air-dry and package in clean paper envelopes.

Dried samples may be scraped with a sterile scalpel or disinfected knife blade onto a clean square of paper or glassine paper. The scraping method of collection may result in a significant loss of sample, as the substance subjected to scraping will flake and disperse as very fine particulate matter. The paper should be folded on all edges in order to keep the scrapings from falling out. The folded paper should be placed inside a clean paper envelope and sealed.

Properly collected, stored, and shipped biological specimens for DNA analysis help assure robust results. Specimens in a dry state will offer ample genetic evidence for decades.

[Freedom2specul8]

G'nite all

[John Jamieson]

NO! Why would I pay every cent I own to a good lawyer and ignore him. Under our system of justice, the accused is not required to testify, ever. The jury is also not to read anything into his not testifying.

Would you change our legal system?

[Freedom2specul8]

I was thinking serial killer until you mentioned the sacrifices. :(


course, in this case...they both could mean the same thing.

[Jaded]

Read Feldman's opening and closing statements. The Newsweek article from the end of February.

[John Jamieson]

Chandra was missing a foot too.

[KnutCase]

Can anyone tell how DW chose Feldman as attorney? Did DW know him or was he referred by someone? Which someone?

[alexandria]

I knew THREE of those! :)

And, if you use NONE of those but merely, right-click on the URL or link you would like to post or share.
Chose "copy link address" then go to your posting comment page.(the page like I'm using to type this to you) Now, right click again and chose "paste."
When you preview and post it it will automatically be a link.

BTW I LOVE the dummies books and recommend them frequently.

[John Jamieson]

No picture of carpet stain, "because it was destroyed in testing".

Crappy polaroid picture of jacket stain, "because I don't how to use a good camera".

Both sound logical to me. It's just normal incompetence, nothing sinister here.