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]

Yep we are..and it started with http://www.freerepublic.com/focus/chat/734265/posts?page=55#55

[mouser]

the fact that the jury cried means less than how they eventuslly rule on it

if i was told i had to watch porn while everyone i knew would watch me on live tv

can you think of the comments by

spouse you seemed too interested
minister you seemed relaxed you watch much of that
my mom why were your eyes open

CRYING THE SAFE EMOTION

[Politicalmom]

Um, they want to be thorough???

[KnutCase]

What is this particular post of yours referring to? I've lost track of what I said previously....but again at my age (103) senility begins to set in.

[Jaded]

If anyone would like to add a few words I will post them to the Random Thoughts page on SND. You can freepmail me if you want. The only thing I ask for is what ever name you choose to use real or hat and your county and state so he/they can see where there is support.

A link to the site has been sent to people involved DW's defense and others on his side. Trust me.

[Southflanknorthpawsis]

Yeah, it's interesting as to how DW, the child porn collector is so honest and never lies but the vd's are well known liars and simply can't be trusted.

Gosh.....either someone stole your nick or you said the above a short time ago.

Now either your sarcasm meant that it is unfair to label the VD's as such or you were badly misunderstood and your post was to be literally interpreted.

Hmmmmmmm......I wonder which?????????

[small_l_libertarian]

FReepmail.

[NatureGirl]

I think that may be correct, but not because "the defense didn't win the bug battle". I think Feldman did a good job in showing how FOUR bug experts (including one who actually worked on the site, on the body) came up with a timeline that excluded DW.

[the Deejay]

Not so far. But can you recall Doosuk asking them to "look"
at anything or anything inparticular? I can't think of any.

[spectre]

Actually, it's futile to try and argue with air-heads.

The AM was actually trying to do us all a favor, at least that's the way I look at it.

Smokey Backroom was Jim Rob's brainchild for the further development of arguments that might be offensive to thin-skinned people.. A sort of "enter at your own risk" free speech zone..

Cool!

sw

[pinz-n-needlez]

But did Dusek ever ask them to look at anything?

He kept telling them he didn't have to prove anything.

Danielle was dead, DW drove his mh around for two days. Case closed, hang the guy. Geesh, he should have called me, I could have saved him hours of droning, and he'd STILL have time to show them the rope.

I think it's a good sign that they are being methodical about looking at the evidence that was presented.

[Jaded]

Isn't it though? /so

[Freedom2specul8]

The mummification process, which was proven to be able to start and occur with in 24hrs on a small body, (such as skin) could have easily prevented the bugs from finding a great place to inhabit until animals created an entry say a week or 10 days later.

IMHO the defense was unable to recover from that.

[connectthedots]

If they come to your door ever ask if you could step outside, say 'Yes'. When they ask you to step outside, tell them 'not in this lifetime'. You step outside towards them, 'you were attempting to assault them'. If they ask if they can come in, "Are you nuts?". Always maintain a safe distance from them, and if you need for them to step away from the door 7-10 feet, tell them to do so. Only open the door a crack so you can shut and lock it immediately. You do not have to talk to them, EVER! No subpoena, no citation, no search warrant, no warrant for your arrest, "Get off of my property. If you ever get one, give me a call and I will come down and pick it up."

[the Deejay]

"He kept telling them he didn't have to prove anything."

Well, yeah. That's what I recall him saying the most.
"I don't have to prove....", about 200 times.

[small_l_libertarian]

No one seems very anxious to move over there, huh? I agree that a no-holds-barred area is a grand idea. Although dangerous, I bet it turns out to be a great haunt.

[Jaded]

Do you have an LE leak too? They want to review it not make confetti out of it. Little presumptuous.

[connectthedots]

They looked at Fiber stuf before the bugs. Why bother with fiber stuff is the bugs convinced them ?

Maybe it is just possible they are taking their duties seriously and discussing the evidence in the order it was presented during the trial.

[pinz-n-needlez]

Hah hah hah, a mind just like my own!

You said there was a 50/50 chance that a missing foot would be the left foot.

I was like, Are you Scully?

And you went, So do you agree with me?

And I was like, Totally, dude!

I don't think we're fighting. Just funnin'. So half a brain is fine. I have the rest of my mind around here somewhere. LOL

(Oh yeah, this is in response your reply asking me what I was typing to you about. =:-0 )

[Jaded]

We get accused of all manner of things. Usually I let it got. Took a long time to figure that out though.