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]

DW gave statments to the police, just like DVD and BVD did, you can see how they were crucified on the stand for inconcistencies. If one has given previous statements, it is difficult to get on the stand and not look bad, even if innocent. Yes I would like to get on the stand, but having seem studies on it, it takes much preperation to do it well. It is difficult for someone accused of such a terrible crime not to look guilty from fear or embarrasment, as many say they would rather be accused of murder than child molest, and here you get both accusations.

I think the times the defendant testifies is usually when there is eyewitness identification and little else to question. DW cannot testify how fibers or prints or blood got there if he is innocent and doesn't know, as such it would not help his case. It is more a technical issue IMO.

I guarantee you with very few exceptions defense attorneys recommend their client not testify.

[Freedom2specul8]

That's true JJ..I do remember that.

I wonder how well off the families were of the little girls and the older gal..

Do all the victims come from wealthy familes?

G'nite for real..

[hoosiermama]

Good night KIM

[Hildy]

Well, how do you suppose the blood and fibers got on him. You have to admit that if he's innocent, he has to be the most unluckiest SOB on the planet.

[clearvision]

And jacket just happens to have messed up time on drycleaners receipt because printer was down and entered 24 items after first of the two receipts that morning...

[John Jamieson]

A police officer called him anonymously and said something like "You're in much bigger trouble than you know, call this guy Feldman, he's the best."

[Rheo]

A police officer called him anonymously and said something like "You're in much bigger trouble than you know, call this guy Feldman, he's the best."

Do you know where that info came from by chance?

[KnutCase]

Is this a fact or are you putting me on?

[John Jamieson]

First, there is no blood,

Second, The fibers mean nothing because they have no identified common source and there may not even be one.

(I'll bet that I have some of the same fibers in my home you have in yours. Do you shop at Xmart too?)

Now if you want to talk about DNA that's a more important matter. I give it a good chance that it was planted by Det Ott.

[KnutCase]

I'm new at this computer stuff. How do you go about placing the previous poster's comments above your reply. That is useful. But I don't know how to do it.

[hoosiermama]

Several suggestions have been made.
My favorite for camper: The blood on the floor of the camper. could be there becasue Danieel had a nose bleed on the side walk (Her mother's testimony) DW stepped in it. It was on his shoe when he walked into his camper.

Since they did not confirm the DNA on the jacket was infact blood (JJ's research) it could easily have been spit or snot she wiped on the jacket, when she was running wild with her brother though DW house, while her mother was talking to DW.

Both spots we very small. NO testimony to splatter, smear,etc. no identifyable pictures. No confirmation of actual blood (ask JJ) VERY POOR police work.

[John Jamieson]

SD newspapers.

[John Jamieson]

It's true, to the best of my knowledge. I've read it several times.

[CAPPSMADNESS]

Judy tried to explain the same to me, I suppose I will just have to break down and read the dang dummies book.....

:(

[Rheo]

Highlight their comment...in front of it...put<> with an i in it and at the end of their comment..</> but put in the i after the /...the i stands for italics.

Do the same for bold, using a b.

[hoosiermama]

Capps print out boot camp it's much easier.

[CAPPSMADNESS]

"Capps print out boot camp it's much easier."

How do you think I learned the THREE thingys that I do know??

Okay mama...... I'll print bootcamp again....

:)

[KnutCase]

That's interesting. I wonder which policeman. Do we have a reasonable and concerned cop at SDPD? In spite of the handicap placed on him by the judge, I thought he did a pretty good job.

[John Jamieson]

Doesn't it bother you that Damon was out running around the desert on the weekend of the 16th, near Dehesa and before sunrise on the 16th when the body was dumped. Or that he said on the 18th that searchers should be looking closer to SD?

[Rheo]

Probably the same cop that left the little clue of a .22 shell casing.