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.
The purpose of the mummyologist was to show that mummified skin can keep the internal organs moist..and even feldman himself confirmed that. (see transcripts above)
Oh my.....and you admit it????
But these folks on ctv are making me so steamed, I have to mute them after only a few minutes!!
I wanted to rehear the testimony again......but having to wade through Nancy Grace, and even Catherine Crier is more than I can take.
IMO, they shred the truth with impunity!!
I doubt they even lose any sleep over it.
And goodness forbid, if & when ...occasionally....someone will come on brave enough to go against the grain
....(a guy was just on, ...his name is Jan something, and he's a public defender type).....
...but he sure sounded logical--while disagreeing with Crier)...she rudely cuts away from him & not only that, she tries to negate what he just said.
These people are BEYOND THE PALE!
If you only knew how wrong you are, but I've given up hope of that ever happening.
The same arguments!!!!!!!!!!!!!!
Of course, Crier & the dame with her shut them up fast......
But they got to have their say!!!!!!!!!!!!!!
Not just the ones on CTV...
Catherine Crier is such a phoney witch. Have you noticed how they all have this sugar-sweet smile on their faces, as they say "OF COURSE DW is GUILTY"...but the Jury is just doing their job..not matter how long it takes." Yeah, right..boy are they STEAMED about it! :~)
Beth Karas, according to the article that was just posted, can't wait to get back to NY. Buying new clothes, getting a manicure and her hair done are HER top priorities. Getting DW convicted is a close second. Nancygrace is semi-retarded, she has the emotional maturity of an 11 year old. She really needs to lose that "whistle" of hers..
Court TV's 15 minutes of fame are all but over for me. MSNBC also reports on the DW trial, usually around 5pm CST..after CTV cuts to the HOT TV SHOW, (LOL) "The Profiler" which no one watches.
Not much longer, now, Gwennie. If the verdict is guilty, I won't watch them...BUT if it is an aquittal or a hung jury, it will be worth recording their reactions..:~)
sw
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