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.

   

[JudyB1938]

I have to give you one on that, Kimmie. I, too, have wondered why there were no children called to testify about playing in the MH. In fact, I was very disappointed that Feldman failed to address many of the issues that FReepers have been discussing. But, like I said before, his hands were tied almost the whole trial by that biased Muddy Duddy.

There were several areas he tried to enter, but he was slapped down immediately. Areas that would cast EXTREME doubt - and perhaps incriminate somebody else. A Perry Mason, if you will. But no, that judge wouldn't allow anything to soil his precious perverts.

[wonders]

Actually, I can easily accept 13 out of 15 loci as being a good match (please don't ask why, it would take pages to explain). The DNA and the bugs I do not question. It's when you get into unsourced fibres that you get into the "creative accounting" arena, IMO.

[KnutCase]

That's not what I thought. I merely tried to say DW doesn't fit the profile of a satanic cultist.

[sawsalimb]

Back to the cold-storage theory:

would there be any way to tell if the initial mummification was due to having been stored in a freezer? I just now grabbed a tape measure and looked at my chest freezer. I don't have a huge one,but I'm pretty sure that a child's body would fit in the thing. Also,I've gotten sloppy a couple of times,freezing meat,and it's amazing how fast freezer burn takes place.

[JudyB1938]

He sure doesn't. He DOES fit the profile of what his neighbors and friends called him ... A BIG TEDDY BEAR.

[KnutCase]

Detectives dismissed the back pack as not relevant. Don't know whether they kept it or not...probably not.

[wonders]

Actually, for hands and ears, it is pretty quick. I don't think we disagree in any way, and no need to withdraw anything. :)

[dread78645]

I think that had the mummification not been brought into the equation, the defense would have won the bug battle.

Is this the mummiologist that has Danielle dead on Jan 15th ?
Like JJ said, that would explain why she was so quiet on Friday night, Feb 1st.

This fellow also said the mummification would be well under progress within 24 hours. Problem is that the blowflys will be laying eggs with in the first 20 minutes to an hour.

The mummification / bug theory only interacts if the body was stored elsewhere and sealed sealed against blowflys. Then to have it appear at Dehesa Rd later means an accomplice.

[JudyB1938]

Well, I know absolutely zilch about DNA. I thought somebody said that proved a familial relationship, but not necessarily the particular individual? I realize it might be long, but maybe you could shorten it and enlighten us?

[wonders]

I'm so glad to see you here! I really appreciated your reply on the old thread and have pointed to it on this thread.

[JudyB1938]

I know it!!! Just like all the other evidence in this case. Not relevant. Thrown away. Covered up. Ignored. CLEANED UP! I still think that wet spot wasn't caused by that dog! You know, the spot Demon steam cleaned. I'll bet that's where those people smelled all that bleach they keep talking about! (I saw on one of those TV shows one time that bleach destroys DNA/blood evidence.)

[NatureGirl]

There was a case in my area recently, where a crack-head and her dealer killed a woman that they both knew (drug-related of course). They put the woman in her own large freezer.

The crack-head and another "pal" got caught when they went back to move the body. The police had been watching the home, and walked in on them. The body had been removed from the freezer, and was in the hallway.

And I've noticed, too, that freezer burn occurs much more quickly in a chest freezer, than in the little freezer on top of the fridge.

[small_l_libertarian]

Please let me pick your brain for one second. Why is the 12 out of 13 loci a good match? How fast does DNA in hair degrade? How can a person not match her own DNA exactly? You don't have to give a long explanation - broad strokes are fine, but I have been searching for weeks for this info.

[wonders]

For mitochondrial DNA (that's DNA inherited strictly from the mother) there is question. For example, a hair without a root has only MtDNA, could have come from the person in question or his/her mother or syblings or even maternal grandmother. That is why the hairs found in case have to be considered in terms of length (could have been one of the brothers') or in terms of being chemically treated (could have beem Mom Brenda's).

Nuclear DNA (as in blood and tissue, etc.) is another matter altogether and is quite specific to the individual in question, or, of course, and identical twin. In a population as genetically diverse as we have here in the US, a 13 of 15 loci match is plenty enough for me.

That's the short version. Hope it suffices.

[CAPPSMADNESS]

And I got so entranced reading the stupid crud on this thread that I forgot to reply to you!!! Many apologoes!!! I promise to do remedy that after I visit the SMOKEY BACK ROOM :0P

[CAPPSMADNESS]

And I've noticed, too, that freezer burn occurs much more quickly in a chest freezer, than in the little freezer on top of the fridge.

I believe that has to do with the amount of air flow in the larger freezer as compared to the smaller fridge top varieties

[John Jamieson]

Somebody who seems to know says that Damon is a Quality Assurance guy, that's not high on the totem. I doubt that he's much of a hacker.

[KnutCase]

Accomplice. Accomplice. Hmmmmmmm....from what I saw of DW's character witnesses and comments of neighbors...I doubt if any of them would be party to a dirty deed like murder and assisting in dumping of a body. Maybe someone else might have those type of friends, but I don't think DW has.

[the Deejay]

One of his neighbors is a doctor who has been quoted as saying (about DW), "He's the nicest guy you'd ever want to meet."

[JudyB1938]

I understand that part about MDNA, but I don't understand how NDNA doesn't have to match all markers to be able to be absolutely attributed to a specific individual. To me, it's a "could have". Just like it "could have" identified any one of the others in the "genetically diverse" population group.

Sorry. But I'm not too good when it comes to understanding stuff like that. One time I tried to learn logic, but it wasn't logical.