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.

   

[Freedom2specul8]

mine has mainly to do with drawing, art, and some weird stuff..but that's because there are so many letters in my name me thinks. It created a lot of girls names...out of my names (first, middle and last)

[Freedom2specul8]

I tried it with my maiden name..that completely changed everything....

[JudyB1938]

In case anybody is wondering what that Wiccan dyke has been up to, here's a link to THE BOOK OF SHADOWS (their rituals). I merely glanced at a couple of pages. So stupid. Ridiculous. I can't imagine anybody taking stuff like that seriously.

[domestice]

Made me wonder.... Yesterday she wrote >>8-14-02 I do not know english and and only speak 2 grade Italian,can you help me. >>

Uh huh...yeah right...

[Freedom2specul8]

This is interesting--excerpts,...Not in order


http://video.uniontrib.com/news/metro/danielle/transcripts/20020626-9999-am1.html

Q: AND I BELIEVE YESTERDAY YOU DESCRIBED THE FOLDERS AS HIGHLY ORGANIZED.A: YES, SIR.Q: WHAT DID YOU MEAN BY THAT?A: AS I MENTIONED YESTERDAY, THERE WERE SEVERAL, THE FOLDERS, YOU HAD FOLDERS THAT STARTED WITH CARTOONS AND THEN UNDER CARTOONS YOU HAD OTHER FOLDERS THAT TALKED ABOUT -- THAT HAD LABELS OF "JETSONS," "FLINTSTONES," "STAR TREK," AND SO ON. AND THE COMPUTER HAD FOLDERS LIKE THAT WERE VERY DESCRIPTIVE, IT HAD FILES INSIDE THOSE FOLDERS THAT WERE DESCRIPTIVE OF THE LABEL.Q: OKAY.WHEN YOU USE, FOR EXAMPLE, THE FOLDER "JETSONS," WHAT WAS INSIDE THOSE FOLDERS?A: IN "JETSONS" THERE WERE SEVERAL ANIMATED OR CARTOON DRAWINGS OR ANIMATED GRAPHIC IMAGE FILES THAT DEPICTED THE CARTOON SERIES "THE JETSONS." SEVERAL OF THEM DEPICTED THE FATHER HAVING SEXUAL SITUATIONS WITH THE DAUGHTER. SOME OF THEM HAD PICTURES OF MRS. JETSON UNCLOTHED. AND THAT SORT OF THING.

Q: THESE IMAGES OF THE CHILDREN, DID THEY SHARE ANY COMMON FILE DESIGNATION OR LETTERS, NUMBERS, COMBINATION, WHATEVER?A: WELL, AS FAR AS THE FOLDERS GO, I KNOW -- I NOTICED OR I SAW THAT IN ONE, ONE OF THE ZIP DISKS, I THINK 16333, THERE WAS A FOLDER WITH A "YOUNG ONES," AND THAT WAS WHERE THE MAJORITY OF THE IMAGES THAT WERE DISPLAYED YESTERDAY CAME FROM. BUT THEY ALL HAD A VERY SIMILAR NAMING CONVENTION WHERE THE FIRST PART OF THE FILE NAME WAS CAPITAL I. E. A. AND THEN A SERIES OF NUMBERS. AND THEN AN EXTENSION J PEG OR GIFT OR SOMETHING.

A: NO, SIR, IT IS NOT.Q: HAD YOU SEEN IT BEFORE?A: NO, I HAVE NOT.Q: DOES THE USE OF THAT I. E. A. HAVE ANY SIGNIFICANCE AS FAR AS ORGANIZATION OF THESE IMAGES?A: IT APPEARED TO ME THAT THE -- ONCE THE FILES WERE ON THE COMPUTER, THEY WERE RENAMED FOR WHATEVER REASON TO I. E. A. AND THEN THE NUMBERING CONVENTION. IT WAS VERY ORDERLY AND VERY ORGANIZED THE WAY THE COMPUTER WAS SET UP.



Q: YOU WERE ASKED QUESTIONS CONCERNING THE C.D.'S I THINK UPON WHICH RESIDED SOME OF THESE FILES.

Q: YOU CAN DRAW INFERENCES, THOUGH, AS TO WHEN THEY WERE CREATED, IS THAT CORRECT?A: YES, SIR.Q: THOSE INFERENCES ARE BASED UPON THE DATE AND TIME THAT APPEAR IN WHAT IS IT, THE DIRECTORY OF THE C.D., ISN'T THAT RIGHT?A: THE DIRECTORY OF THE C.D. AND ALSO THE HEADER OF ONE FILE THAT HAS THE DATE EMBEDDED.Q: I'M SORRY. WHAT WAS THE DATE?A: I BELIEVE OF THAT ONE WAS 11/27/2001.

---

http://video.uniontrib.com/news/metro/danielle/transcripts/20020625-9999-pm2.html

FELDMAN

9 Q. THE JURY JUST SAW SOMETHING THAT LOOKED LIKE BLURTS10 OF MOVIES, SEGMENTS OF A MOVIE; IS THAT RIGHT?11 A. YES, SIR.12 Q. THESE ARE REFERRED TO AS DOT MPG; IS THAT CORRECT?13 A. MPG, MPEG, BOTH.14 Q. ALSO THEY'RE REFERRED AS AVIS; IS THAT CORRECT,15 A-V-I?16 A. YES, SIR.

20 Q. WITH REGARD TO THE STILLS, THEY'RE CALLED JPEGS,21 AREN'T THEY?22 A. YES, SIR.

12 Q. FIRST OF ALL, SIR, WITH REGARD TO C. D.S, THAT13 DOWNLOAD CONCEPT THAT I JUST GAVE YOU THAT WE JUST TALKED ABOUT,14 WHEN YOU DOWNLOAD SOMETHING TO A C. D. THE C. D. WRITES A DATE,15 IS THAT --16 A. THAT IS CORRECT, SIR.17 Q.

[domestice]

Yes...I just read someone questioning that earlier, what is up w/ the cable thing?? Also, one of the links posted in the smokey room interviewing people that live in the VD area, it was mentioned that 25% in the area were FBI, POLICE OFFICERS AKA LE.....like others, I thought this interesting. Does anyone know if this sounds funny, or just normal demographics????

[Rheo]

OMG, mommya, that was the most disturbing story I have ever read.

That poor dear girl and her family.

Annette Peer!!!...the criminalist in the DW case..missed/overlooked/didn't wish to see/?? the sperm that could have put away a pedophile...instead an innocent man and his family were sentenced to a life of hell.

Shame on you San Diego LEO/counselors/politicians/etc.!!!

[JudyB1938]

Oops. Forgot to give the link. This is for the Second Degree (don't know how many Wiccan degrees there are).

http://www.soultospirit.com/earth/book_excerpts/gaia/wicca/sheba/book_of_shadows3.asp

[juzcuz]

I'm thinking about what you questioned--

At the same time. I'm thinking that Andy has to account...

Bill libby's wife (Olive?) was out of town, but not his son(Derrick).
Also, wasn't it Keith's Stone's wife that was at home, with their children that (Fri.) night, if it was, then he went home at 2:30AM? to his wife and kids (if we can believe them?).
Or was it Rich Brady? I'm so transcript tired, I don't want to look it up. I'm afraid I need a refresh course.

[Rheo]

Bill Libby's wife is Delores, Dolly for short.

Rich Brady is the one who stayed home with the kids as the invite was on short notice...altho Keith said they made the plans earlier in the week.

[John Jamieson]

Fatima is obviously an intellectually dishonest put-on.

[juzcuz]

I tried it with my maiden name too. My life was different then. This is relly bazzarrrrrr.....

[juzcuz]

Can somebody tell me what Brenda Van Dam's maiden name is or was?????

[mommya]

Disturbing - huh. So what did Annette Peer have a hand in? The blood in the RV - and fibers? Might need to go reread her testimony - again.

[mommya]

Brenda Cope

[just me]

I have read most if not all post (so many) I have not seen any mention of Danielle's journal.

vanDam testimony about the night of Danielle's disappearance

"He played video games with his sons as Danielle did some reading and wrote in her journal. At some point, Easton and Kemal showed up at the house."

What happened to the journal? What was written in it? .

[Rheo]

Cope

[Freedom2specul8]

There are no words to describe the horror...
I wish we could know how it turned out..that was in '91..

[JudyB1938]

I used Judy Marie. Look what came up. I hope it's prophetic.

DAM IE JURY

[Rheo]

Annette Peer did the blood on the carpet in the MH.