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 knew I'd read that, but didn't realize it was you who posted it. I know I'm wrong, but I fall back on how bitter I've become about "forensic scientists" during this trial. I've gotten to where I don't believe a word any of them say. I'll stick with the bugs and dogs. Like somebody else said, bugs and dogs don't lie.
However, I will admit that knife marks will show up on butchered bodies. Just like the Anasazi bodies that show signs of canibalism. The next time I cut up a chicken, I think I'll check for nicks on the bones and see if it's possible to leave them scathe free.
As far as a clean cut through skin and flesh at the ankle, that would certainly be noticeable - unless too much deterioration had set in. But if it was mummified, the area may have been preserved "as is". Do you know which it was?
I guess the reason I am so curious about this is because of the earlier discussion about missing left feet and socks being left on left feet and my puzzlement over the lack of bodily fluids.
Yep, I know that feeling! I got it lots of times when picking through the BORING fibre evidence. But ya gotta do it if ya wanna find the truth. Sad, but true. :(
I've wondered that also. It would explain a heck of a lot,and it might go a ways towards providing a motive for a frame-up.
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| The insect expert prosecutors hoped would destroy David Westerfield's chances for acquittal stumbled badly during his turn on the witness stand Tuesday, capping confusing, overly technical testimony with the admission he made basic math errors in his findings. Madison Lee Goff, one of the most experienced scientists in the small field of forensic entomology, blushed a deep red as a defense lawyer for the man accused of killing Danielle van Dam repeatedly confronted him with five separate errors in data he used to analyze bugs collected at the 7-year-old's autopsy. Court TV Article |
YEAH, SEE! That's what I keep thinking and what may be the reason why they can't find a cause of death and why there was a lack of body fluids. If the blood had been drained, that would also account for quick mummification of the body. I have believed this from the very beginning, but I was a little off track in thinking maybe the blood had come from the vaginal area (that was missing on her body, IIRC).
Who, besides Dusek, says it was quick?
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