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.

   

[NatureGirl]

The conspiracies about satanism, using danielle as a sex toy amongst her parents and friends

And this couldn't possibly exist but one guy "collecting kiddie porn" does, right?

Swingers aren't well-placed people (ex-cops etc.)? Well, that'll be news to the head of NASCA! You may read up on him at your leisure, not that I expect that you will.

I'm predicting that there'll be some errands coming up in your future...

[Freedom2specul8]

How can you consider it random?

[KnutCase]

Are you sure he was chosen at random or intentionally selected?

[the Deejay]

Well, I cannot imagine what Doosuk was thinking by
bringing out the rope, after the "lynch mobs" had
just been stated by Feldman.

[Valpal1]

My apologies.

[pinz-n-needlez]

Well said, connect, thank you very much.

It's good to be reminded of the common sense basis of DW's innocence, espcially after a night like last night where we all buried one another in details. :-)

I lost the jury pool, lol, but still think that DW will win his freedom - and rightly so!

[Freedom2specul8]

NOTICE: the defense did not deny all the child porn. Just questioned SOME of the ages. The bottom line will be what the jury saw and heard. What made them cry?

[NatureGirl]

I'll make another prediction - that if we end up in a "no-holds barred" room, we'll be minus one poster double-quick!

Just a guess. Could just be one of those wacky, not-cool conspiracy theories though. ;-)

[small_l_libertarian]

Excellent post.

[Freedom2specul8]

I'm predicting that the child porn is going to hurt him.

[PrairieDawg]

pyx,
Hi. Regarding the hair on the headboard - since it was a match via mitachondrial DNA couldn't it have been BRENDA's hair and not Danielle's? Perhaps Brenda and Dave had a fling in the MH and then Dave wanted to "upgrade" to Duh-knees (the "little one") at the bar - which ticked Brenda off. When asked "who could have done this" she came up with Dave since she was still ticked off at him. (heck - she may TRUELY NOT REMEMBER as she does a fair amount of booze and pot...).

Just a thought to ponder....

My take on this case is that the prosecution's case is a "target rich environment" - they haven't proved SPIT, IMHO.

FRegards,
PrairieDawg

[ican'tbelieveit]

Whether it makes them cry or not, it may not be a crime.

[bvw]

Someone had to be the fall guy, in that sense random -- if Westerfield had happened to be on some extended vacation at the time, it would have been someone else. Maybe the new nabes.

The detectives seemed to have been on Westie for hugging and kissing purposes. Hugging him for a stroyline to weave in, and kissing him with evidence. JMO.

[Politicalmom]

WHAT trial have you been watching? Feldy challenged the jury to look at all the "child porn", which means he doesn't think it IS child porn.

[KnutCase]

My thought is that Dusek had already selected his props before beginning closing arguments, didn't have enough common sense to leave that one out.

[NatureGirl]

The jury didn't cry. The alternates (two of 'em) did. To me, that would instantly make them unacceptable as jurors - too sensitive, when inner strength is called for. If they found that so upsetting how could they be trusted to not put their hands over their ears/eyes during bug testimony?

Oh, wait...

[the Deejay]

Juries, judges & attorneys are not suppose to cry. The
courtroom is not a funeral parlor.

[ican'tbelieveit]

Kim has admitted to missing the closing arguments.

[NatureGirl]

So what's your prediction on the bug testimony?

[Freedom2specul8]

"I'll make another prediction - that if we end up in a "no-holds barred" room, we'll be minus one poster double-quick!"


LOL~ It's unbelievable the lengths some will go to...isn't it. Gotta shove one's ideas, philosophies, opinions and truths right down the throat of another, even if ya gotta kick their ass to do it right?