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.
JESUS WEPT
***
Ephesians
6:11
Put on the whole armour of God, that ye may be able to stand against the wiles of the devil.
6:12
For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.
6:13
Wherefore take unto you the whole armour of God, that ye may be able to withstand in the evil day, and having done all, to stand.
6:14
Stand therefore, having your loins girt about with truth, and having on the breastplate of righteousness;
6:15
And your feet shod with the preparation of the gospel of peace;
6:16
Above all, taking the shield of faith, wherewith ye shall be able to quench all the fiery darts of the wicked.
6:17
And take the helmet of salvation, and the sword of the Spirit, which is the word of God:
6:18
Praying always with all prayer and supplication in the Spirit, and watching thereunto with all perseverance and supplication for all saints;
***
I found this prayer on the web. It is a good one to protect your homes and your own children. However, it is not enough. We must expand this prayer to include protection of ALL children. You know the rhetoric ... "If it saves but ONE child", it will have been worth it.
It may be that one of you may think this is stupid. If you do, I invite you to pray about it and ask for wisdom from the Lord. If you don't believe in God, I challenge you to ASK HIM if he's real or not. If you don't believe in the occult, I challenge you to, again, ASK GOD if the powers are real or not.
By the way, I am posting this to the weekend thread instead of to Monday's thread - in case someone would be upset that it is not sticking to the topic, which is a watch for the jury's verdict.
by Patricia J. Hacker-Harber
Dear Heavenly Father, Abba Father,
I pray this prayer in the power of the Holy Spirit, In the name of Jesus, Christ our Lord, I bind, rebuke and bring to no effect all division, discord, disunity, strife, anger, wrath, murder, criticism, condemnation, pride, envy, jealousy, gossip, slander, evil speaking, complaining, resentment, hate, lying, infirmity spirits, judging spirits, false teaching, false gifts, false manifestations, lying spirits and wonders, poverty, fear of lack, fear of spirits, murmuring spirits, complaining spirits, hindering spirits, retaliatory spirits, of addictions, deceiving spirits, religious spirits, occult spirits, witchcraft spirits, including Jezebel, Delilah, Apollyon, Python, and spirits of the anti-Christ.
I bind all curses and hexes spoken against me and (?). I bless those who curse me and pray blessings on those who have spitefully used me. I bind all spoken judgments made against me and(?), and judgments I have spoken against others. I bind the power of negative words from others, and bind and render useless all prayers not inspired by the Holy Spirit, whether psychic, soul force witchcraft or counterfeit tongues that have been prayed against me, In the name of Jesus The Lord of Lords!! I am covered by The blood of The Lamb, The Lord Jesus Christ.
I am God's child. I resist the devil. No weapons formed against me will nor can prosper. I put on the whole armor of God. I take authority over this day in Jesus' name. Let it be prosperous for me; let me walk in Your love, Lord. The Holy Spirit leads and guides me today. I discern between righteousness and the wicked. I take authority over Satan and all his demons and any and all people who are influenced by them. Satan, I bind and take authority over you & all your co-harts, I send you and your lies to the pit of hell, where they came from! I command that you leave NOW,
In The Mighty name of Jesus Christ our Lord. I declare Satan, your are under my feet and shall remain here all day and night, in Jesus' name.
I am the righteousness of God in Christ Jesus The Lord. I am God's property. Satan you are bound from my family, my mind, my body, my home and my finances. I confess that I am healed and whole. I flourish and am long lived, stable, durable, incorruptible, fruitful, virtuous, full of peace, patience and love. Whatsoever I set my hands to do shall prosper, for God supplies all my needs. I have authority over Satan, all demons and the principalities of the air and the beast of the field. In The Lord Jesus' name.
Father God, I loose the Power of The Holy Spirit in my life, and over all that is mine, through Christ Jesus my Lord. I invite You into my home, my car and into every situation, where ever I am. You are a very welcomed presence, and I want to see You! I loose blessings, love, peace, contentment, truth, and all that sent by You, my Lord. In The name of The Lord Jesus.
God, I pray for the ministry you have for me, show me your purpose for my life, anoint me God, for all you have called me to do for you. I call forth all divine appointments, open doors of opportunity, God ordained encounters and ministry positions.
I claim a hedge of protection around myself, my (you fill in every name of your loved ones that you want to cover) throughout this day and night. I ask you, God, In the name of Jesus, to dispatch Your angels to surround me, my (name the names of loved ones) today, and to put them throughout my house and around our cars, souls, minds and bodies. I ask Lord, that You give charge of Your angels to protect my house and (name everyone that The Holy spirit brings to mind) Father God, I ask you keep my home, car from any intrusive, demonic or physical or mental attacks.
I ask this prayer In the name of Jesus Christ, our Lord and Savior. Amen, and amen.
Download the HyperText KJV Bible
Find out what the Bible itself has to say about demons
Find out what the Bible itself has to say about unbelief
Now, what happens if they take that DNA and compare it to someone NOT AT RANDOM, but someone from the VD family? What are the CHANCES then? ANd doesn't it depend on what MARKERS you pick ?
Hildy, do you have any original thoughts of your own or do they just supply you with one phrase to use when you come to these threads?
We have already had posters from your group come over and use that phrase. Repeatedly. Even though 10 people explained very valid reasons that any grown-up with a little common sense would accept, they refused to do anything but repeat that phrase.
Is your brother Greg Weston?
ANSWER: BECAUSE EVERYONE ELSE HAD !
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