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.

   

[Admin Moderator]

knock it off.

[CAPPSMADNESS]

"I also have a problem with the group of people who will crucify Westerfield over having pornography on his computer, some of it deleted years ago, some of it on a cd buried behind books, some of it his son's (admission by son).
But these same people have NO problem with the Van Dam's having living pornography in their garage's on the weekend."

Well, "porn" or what could be considered "porn" has been around alot longer than any of us (the Romans, Greeks, Hindu cultures, etc)and I doubt that we will ever be able to get rid of it entirely. And while I agree that the "rape" and "barely legal" videos are apalling and pretty darn ill too - there is nothing illegal about them and there is little that can be done to stop them. The law is that if no law has been broken, or no crime committed, then they are A-OK. The government could care less if some find them suggestive or inflammatory, and that's just how it is.

[demsux]

As an added bonus, we have no mosquitos, ticks, or chiggers.

You are not supposed to use the word "chiggers" anymore, they are to be called "cheegros".

[ican'tbelieveit]

That has been my whole point all along. I have never advocated his having the pornography, but it is not a crime, no matter what the theme. And since the prosecution has used this "evidence" as proof that Westerfield had a reason to take Danielle, to rape her, but there was no evidence of a rape, it is used by the prosecution abusively.

[demsux]

Yep, I said "bite me"...didn't know that was "cussing"

[Jaded]

It's a very nice statement, but they don't care. They will only care when it is them.

left, right, left, right, left. Step in line.

[demsux]

BTW, Dems did apologize to all of us..

Except Hildy

[MizSterious]

It's only cussing if you're on the wrong side of the argument. See also post #249 here:

http://www.freerepublic.com/focus/backroom/734529/posts?q=1&&page=201

Seems I'm not the only one who reposted the deleted post? Go figure.

[Jaded]

Actually Mudd said it was anime. But who cares? Doesn't support the agendas here.

Sooooo... based on the theory these people are using about the rape video causing him to rape and murder a child, then ANYONE who watches a movie where someone is murdered will then go out and murder someone else. Were are your bodies hidden?

[ican'tbelieveit]

Thank you.

[Jaded]

Thanks Dem!!!

[CAPPSMADNESS]

Would a list be okay or do you want a map?

Just KIDDING!!!!

I suppose that Ted Bundy can be thanked for the prosecution's argument - after all, it wasn't that he was a sicko, murdering, bass turd, it was because of porn - so not really his fault after all. I wonder if Westerfield should maybe go this route??? hmmmmmm.....

Liberal mindset at it's best - turn your wrongs around and blame them on someone/something else.

[itsahoot]

8-14-02 I do not know english and and only speak 2 grade Italian, can you help me.

babelfish translation

8-14-02 non conosco l'inglese ed e parlare soltanto italiano dei 2 gradi, può voi aiutarlo.

[Bluebird Singing]

That's kinda what I was thinking.

[Hildy]

It was on the same line as screw you. So we're even. :) Didn't think our exchange would cause such fury on the board. I think there's so much pent up anger out there, this trial has given people an excuse to be nasty. I apologize for my end of it. I miss the days when we were able to all band together and vent all our anger at Clinton every day!

[Hildy]

Thank you Fatima. I thought I was going nuts. I'm ready for a good debate, but the responses I've gotten on these threads have been downright bizarre. Thanks for explaining things to me!!!

[cyncooper]

Actually Mudd said it was anime.

The jury was shown still photos, the videos AND animes.

As to the blood being blood. The presumptive test was positive and DNA extracted. Feldman did not dispute the results, just the timing of how it came to be where it was found.

[CAPPSMADNESS]

Kudos to you Hildy, a very well thought out and mature post - it is refreshing to see someone admit when they are wrong and then apologize.

[Politicalmom]

She didn't apologize for her rude, condescending remarks to people who have been following this case closely, nor does she admit to any understanding of what elements of her original post upset many of us.

Fake remorse, in my book.

[CAPPSMADNESS]

That may be true mom, but she did apologize to Dem, and that takes a certain level of maturity. To be able to apologize/admit wrong in a public forum is not easy - and I think that it is an admirable start which may lead to a new level of mutual politeness between the two of them. What say you?