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.
I would love to discuss/debate this case with you if you are serious about it.
As to who GW is, perhaps I could explain it like this:
The reason you received what you might see as 'harsh' treatment comes from your replies. Examples.
(1) I live in SD and know more than anyone else about this trial
(2)DW is guilty as hell and you all are ........... if you believe otherwise
(3)Why doesn't DW get on the stand. If he did he would be free.
(4)You have to admit that if he's innocent, he has to be the most unluckiest SOB on the planet.
(5)I suppose you think OJ was innnocent too?
The above five phrases are repeated OVER AND OVER by people that come on the thread either as newbies or HIT-AND-RUNS. We see those phrases over and over and over. I can give you a list of the posters that use them.
These posters act immature in their responses. They keep repeating the phrases, even when given proof or links that prove their statement incorrect. They do not want to face reality. They will not accept facts. They are only interested in their 'emotion' and in buying 'into' whatever the media tells them. (SHEEPLE).
NOW, you used 4 out of 5 phrases that these posters use. That is why you kinda are being lumped into a category.
IF you stay on the threads and defend your position with valid argument, you will be respected. If you state a theory or speculation and are clear it is only that, you will be respected. If you respect that others may have a different opinion than yours, and that doesn't make them A CREEP, you will be respected.
There is nothing wrong with you believing DW is guilty. There is nothing wrong with anyone else having a different belief.
For you to say that because you live in SD you know more about the case, Is , I believe, one of the larger mistakes the EGO of a person makes. The CLOSER you are to the problem, the harder it is to see.
You are deluged every day with local media coverage of the trial. Whether you accept it or not, the media is BIASED. To the point of totally dropping any pretense at THE TRUTH. EMOTION is the call of the day. It is what is selling ADVERTISING SPACE. As long as they train was already rolling (the DA/LE) over the body of DW, the MEDIA has jumped on the CABOOSE. As long as the public wants to see DW's blood all over the tracks, the media will PHOTOGRAPH the blood. That is the way it has been.
Now that the JURY has been out for some time, and the MEDIA senses that there may be a NOT GUILTY verdict in the wings , they are starting to BACKPEDDLE. Watch for more of it coming on your local news.
It is obvious to those of us that have been following this since DAY ONE, who have used the resources of the internet to attempt to find the real truth, that DW most likely is being railroaded. That it is for political reasons (re-election bid). That there are some members of the SDPD that are used by the DA when he wants/has to WIN a case. They will fake/plant/falsify evidence anywhere,anytime to further that cause. The SDPD staff in question may even BELIEVE they had the right man, at first. NOW they are in too deep to pull out. (they would go to jail if they tried to.)
SOMEONE killed Danielle. Either he/she is part of the CHILD/RAPE/PORN ring that is being busted and was HQ'd in SD and POWAY, or he/she is still running free, free to RAPE and KILL more.
WHICH would you rather see, DW get sentenced to death on very flakey evidence and more children die, or the real killer caught?
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.
1691 posted on 8/18/02 9:43 PM Pacific by mommya
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Whoa! Check this out! Fifteen miles, twenty minutes.
[map from Calafia pagan group to 4400 Dehesa Road]
1704 posted on 8/19/02 7:44 AM Pacific by shezza
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I wish there were some way we could investigate to determine if there is indeed a link between the above and the VD's and/or the international porn ring. Just too many coincidences to suit me. I think some of you feel the same way.
BTW, Rheo, you might want to bring your question in #1698 over to the new thread. I'd like to see a response to that, too.
Some don't see the way they are being used for evil.
We have posters that think "I" am evil because I don't think the porn they found at DW's means he is guilty.
I think that evil is trying to get people to disregard 'thinking for themselves'. Mob mentality. The crowd in the Coliseum turning 'thumbs down'. The crowd in the coliseum thirsty to see the Lions devour the Christians.
They have been given the 'lamb' , the 'innocent' as a sacrifice. Now the devil is having fun with the witchhunt. Meanwhile the devil is keeping the true evil protected.
OOOhhh! Better cleanout those temporary internet files! Or better yet delete everything in the temporary internet folder.;o)
You'd be surprised to find that those groups actually have their own political parties. Do a google on political+parties and be prepared. One I vaugely recall was the "Pan National" party which was wiccan sponsored.
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