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.

   

[the Deejay]

Maybe they were a bit too suggestive?

[ican'tbelieveit]

women in bathing suits?

[Freedom2specul8]

LOL~ Must have something to do with the girls 'demonstrating' the use of the chairs dontcha think?

[alexandria]

But that fiber had a whole two weeks to fade in the shade of the tree....

As well as under her neck?

[KnutCase]

Do like the rest of us with foggy memories do.....get up early the morning after a date and spend 2 or 3 hours cleaning trace evidence from the car.. I don't have that kind of time so I don't date frequently.

[Freedom2specul8]

Thanks for finding that, I wish I had bookmarked or made a note of the comments made about flies still laying eggs later on. If I run across it, I will definitely ping ya to it.

[the Deejay]

Like the 10 people that were going to testilie that they SAW
DW at Dehesa Rd. that weekend?? Never happened, did it?

Also, rumor had it that the Sherman girl, where DW stores his RV, was suppose to testify that he had molested her. Never happened, did it?

I think ctv hosts should be sued.

[Politicalmom]

I can't resist....BWAHAHAHAHAHAHAHA!!! and a hearty slap on the back, South. (Or a ladylike hug, whichever you prefer.) : )

[spectre]

I guess the pictures you posted on this thread...the one with the Naked Man (who needs a figleaf) and the naked woman, breast exposed, puking in a toilet, were within the boundaries of good taste?

Fres had the girls FULLY clothed..It must disappoint you..Come on over there, so we can discuss it.

sw

[Jrabbit]

The only thing that matters is what YOU think(being the expert on all things porn)right? LOL

[gigi]

"Had to turn Crier off after 10 minutes. Guests talking about Danielle's finger prints on the ceiling of the motor home over the bed, and wondering why no Brenda hair found around DW if they were dirty dancing. Would it be too much to ask these experts to actually read and study the evidence? "


I saw that, couldn't believe it!! Earlier, her and some woman were talking about how DW had probally done this before. It's incredible how uninformed these people are.

[Freedom2specul8]

Of course not Jrabbit....of course not.

Just enjoying watching the fun ya'll are having..

[Southflanknorthpawsis]

and a hearty slap on the back, South. (Or a ladylike hug, whichever you prefer.)

I like both ;*)

[the-gooroo]

GET OUT! I can't believe she said that. Well, actually I can after what I witnessed today on her show. It seems there's something politically incorrect about coming down hard on the van Dams. Any other case (Jon Benet Ramsey for example) the parents would always be suspect. Nobody in the press is willing to even consider it. What gives???

[the Deejay]

"Nobody in the press is willing to even consider it. What gives???"

They don't want to risk being sued.

[spectre]

Oh, so since none of us over there pushed the abuse button on FRES, wonder who it could have been...?

sw

[KnutCase]

I think we are going to learn more about the Van Dams after the trial than we have during the trial. This case is so strange that no doubt investigative journalists will be digging far and deep to get the true story. My guess is that it could attract people like Ann Rule. She makes a living off high profile cases. No rock will be left unturned.

[JudyB1938]

There is no way I would go back to that smokey room. Did you see the comments a couple of those people made to me? I have better things to do in life than to put up with childishness like that. And then you send me porno junk? Me, an old woman of 64? Even though the AM deleted it, it still showed up in My Comments. Why would I want to see that? No thanks. I'll just stay here in the outer room. It gets bad enough out here sometimes, but the inner room is too rank for me.

[NatureGirl]

that were going to testilie

Was that a typo?

[Lanza]

I think you hit the nail on the head about the media. It is politically incorrect to say anything bad about the VDs, because the media seems all to desperate to make a point that their sex life was irrelevant. Now, had they been Christians (and worse -homeschooling).... oh the gloves would be off big time and the parents would be scrutinized to no end.