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.

   

[hoosiermama]

Keep mine in folder next to computer and write what I need on the wall. oops

[KnutCase]

How do you highlight their comment?

[Jaded]

The socks in Texas:

Laura Kate Smithers (LRC was named for her) I think 4/96 or 4/97. Her body was found about 2 miles from my house and about 15 miles from her home.

The other girl was in Dallas about 9 months earlier. I remember they were looking to see if there were any other similarities. I believe she was 9.

For some reason I think both girls were found in close proximity to water. Laura was found in/near a retaining pond. The other girl, I think was near a ditch. Both had left socks on, otherwise nude.

As far as I know neither case was solved. Belive me, they tried in Laura Smithers.

[CAPPSMADNESS]

LOL! I never though of that!!!

[Jaded]

Yet, another.

[Hildy]

Why would Det. Ott plant evidence. Why, why, why?

[fatima]

Hildy,I hate to tell you but this is The Twilight zone ,so anything you say or type will be used against you,most freepers do not post here .Why,because Westerfield groupies own these threads,if you post,know that you are on Free republic and JR owns this and the rest can go the heck to the back room.I want to here what you have to say.

[Jaded]

WOW

[Rheo]

How do you highlight their comment?

Click on their comment portion you wish to copy...right mouse click and copy, then go to the place you wish the comment to be and right click paste.

[hoosiermama]

You have freep mail.

[clearvision]

Why did he do it before? Oh, I guess that was only falsifying evidence.

[Jaded]

Actually, Prosecution did a pretty good job proving he didn't do it. Believe it or not there are many people including in San Diego that don't think he did it. More than you think.

[Rheo]

Why would Det. Ott plant evidence. Why, why, why?

Sweden had just discovered SD citizens were in an international child porn ring..the DA was down in the polls...they had to show a quick solve to this horrible crime......and Pfingst's numbers in the polls went up.

[domestice]

Capps & Alexandria, If you are at a webpage/site where you would like others to see, on your browser window (i think thats what its called) there will be the word Address, where the www. location of where you are at, is visible. You can click on the address to highlight it , then go to EDIT choose COPY from your drop down menu...then when you go to send your post, click on your letter so there is a cursor on the page where you will begin to type.....just go back up to your EDIT menu, and click on PASTE.....that is a quick way to post a direct link to a website. It worked for me. Maybe this will help. If someone else has explained this, at least I will see if my bold letters went through!! :)

[Jaded]

Go back and actually read some of CAPPS' posts they are very informative. Certainly more informative than....wow.

[fatima]

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

[fatima]

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

[CAPPSMADNESS]

Thank you Jaded!

[fatima]

I am reading your posts to other freepers ,do you have proof that she had sex with westerfield befor the killing of 7-year-old Danielle van Dam ,

[Jaded]

That is sooo sick.

Couple of years ago, I had the opportunity to watch a video on satanism and signs of the occult in a Bible Study Group. During the tape they were showing autopsy photos of a 6 or 7 year old that was tortured and killed and where she was found. I thought I recognized the voice of the narrator. Then I recognized some of the areas around the Houston area. I about fell out of my chair. It was a local news reporter's series on the occult IN Houston for regular a news feature that was incorporated in to this study.

As far as I know it was never spoken of in reference to Laura. If it was, it wasn't spoken loudly.