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. Posted on 08/16/2002 6:39:20 AM PDT by FresnoDA
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."
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.
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.
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:
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.
"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.
Have to tell you though... that was not even, near, the weirdest thing I ever saw in California. LOL.
What was that? When you looked in the mirror?
(ducking/laughing - just kidding, you know that)
"On Nov. 15, 1991, Deputy District Attorney David Rubin asked that the criminal charges against Wade be dropped "in the interests of justice." Over Rubin's objections, Judge Frederic Link also approved requests by Wade's attorney, Michael McGlinn, that Wade be declared factually innocent and that his arrest and court records be sealed and destroyed. A week later, Alicia went home. It was five days before her 11th birthday, which fell that year, appropriately enough, on Thanksgiving."
and...
"DNA testing proved that the father did not leave the semen. Charges against him were dropped in November 1991, and Alicia was returned home. The family moved to Missouri in 1992. Additional DNA testing implicated Carder, and he pleaded guilty in March 1995 to the assault. Already in prison for 25 years for the other attacks, an additional 25 years was added to his sentence. Two years ago, the Wade family settled a multimillion-dollar civil suit filed against Goodfriend, social workers, detectives, prosecutors and others involved in the case. The settlement was about $3.7 million. Of that, $1 million came from Goodfriend."
The page that this comes from is hard to read - it's not formatted - but here is the link.
Re 2:20 Notwithstanding I have a few things against thee, because thou sufferest that woman Jezebel, which calleth herself a prophetess, to teach and to seduce my servants to commit fornication, and to eat things sacrificed unto idols.
21 And I gave her space to repent of her fornication; and she repented not.
22 Behold, I will cast her into a bed, and them that commit adultery with her into great tribulation, except they repent of their deeds.
23 And I will kill her children with death; and all the churches shall know that I am he which searcheth the reins and hearts: and I will give unto every one of you according to your works.
Calafia Local Council 6343 El Cajon Blvd. #107 San Diego, CA 92115 It's some kind of central organization for pagan groups.
The Circle of the Sacred Meadow - a coven in northern San Diego.
The Coven of the Silver Chalice - another coven in El Cajon.
Not much later, ABC news has a Feb 8th story saying Westerfield claimed to have danced with her.
"Westerfield told reporters he left the bar at around 10:30 pm after dancing with Brenda van Dam."
Then FrontPage reports it on the 13th
"There’s more to the Westerfield angle: He saw Mrs. van Dam at the bar earlier in the evening, where, he claims, they danced (which she denies)."
Brenda denied the dancing at the March 13th preliminary hearing
"Did you dance with Mr. Westerfield?" Deputy District Attorney Jeff Dusek asked.
"No," van Dam said.
And she continued to deny it until June 4th when she said:
"I DON'T RECALL.."
Well, maybe just a little. ;->
Lt. Collins, on 2/16, recreated the route and used a cell phone to try and match the cell cites that DW's cell ph had.
Page 2, line 15, starting with "On February 4, 2002" through line 17, ending with the word "failed" is still blacked out on this warrant.
I am confused as to why they would also include a Certification to Defer Notification to Subscriber addendum (pg 25 of 41)..why would they think Collins would destroy info if notified?..or are they saying notifying DW that they are doing this would cause him to destroy evidence?..even tho the warrant is for the cop phone, not DW's?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.