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.

   

[domestice]

thank you Kim.

[Alamo-Girl]

Thank you so much for the kudos and for the insight on what would have happened if an animal moved the body!!!

Sadly, because the jury cannot ask questions directly of the witnesses I suspect they might leap to wrong conclusions.

[pyx]

My two favorite questions are still unanswered.

What's with the .22 shell casing ?

What's with the telephone call to the Van Dam household on February 16, 2002 that Dusek and Mudd wouldn't allow to be addressed during the trial ?

[Jrabbit]

Publish it here! Right. It took me 1 hour just to figure out how to get to it! Download Adobe etc. Ott states in one of the warrants that he says to DW(while retracing the trip)that he(Ott) hopes the searchers find her soon. DW supposedly says that the LE has done a very thourough job and so he thinks they will find her soon. Ott asks how soon, Dave and DW says "sooner than you think". This is after DW blurts out that the desert would be a good place to hide a body. These aren't the exact words. Do you think this is what Feldman was talking about?

[Freedom2specul8]

It's the best post on the entire thread..and so true.

[Freedom2specul8]

On a side note, if they had one witness that put danielle innocently in the MH, innocent explanations for various pieces of evidence in this case DW would have had more support.

If DW didn't have the child porn (that some dispute at this time) I'd be more concerned about him.. but unfortunately, he's tainted because of it.

Both DW and the VD's will have a lot to answer for in Heaven..even if DW didn't do it.

G'nite ...

[JudyB1938]

I woke up in time to put the fire out. I don't know what woke me up. I think maybe God sent an angel! But I guarantee you that I made sure nobody ever got close to a drink of mine again. And that incident was supposed to be a JOKE - not evil the way it's happening to Westerfield. But I don't have to worry about stuff like that any more. I'm now pure as the driven snow. COUGH COUGH Mercy! Almost choked to death on that one. (grin)

I don't remember what you said that I might have mistook, so apparently I didn't. But I know what you mean. I was teasing Jaded and got to thinking I might have been misunderstood myself.

I think we are all so special, don't you? We have extremely intelligent and experienced professionals guiding us through this examination. We sure are learning a lot. (Thanks, guys/gals - this has been a very good day) It's a crying shame they weren't on the defense team!

[domestice]

I asked the same thing about the casing..someone yesterday, I think John J..but can't remember, said pros. explained it away as it must have fallen out of a pant cuff or something like that...then evidentally it was filed away.....

If I'm wrong someone correct me please.

[JudyB1938]

What's the URL? Maybe I can figure out how to do it for you.

[Jrabbit]

That's right. Dusek said it could have fallen out of someones pant cuff.

[crystalk]

My guess is he "popped" Danielle in the mouth too, hard enough to dislodge four baby teeth already beginning to loosen, but not hard enough to dislodge the two front teeth which were the permanent teeth.

[John Jamieson]

No. In fact we've heard all that before, several weeks ago.

We also know these cops lied in the search warrant requests. Remember the one that claimed the motorhome was at DW's at 10:30pm on Friday night? Or that Brenda never told DW about the father/daughter dance so the only way DW could know was for Danielle to have told him? Cops just say whatever they need to to get the judge to sign it.

I'm pretty sure the real sealed info is a tape in DW's own voice, not some cop's notes or claims.

[dread78645]

If you remove all three forensic fields from the equation, what evidence is left?

He said - she said. --and a mummy-guy who said a dead Danielle was out selling Girl scout cookies.

[domestice]

I would have liked to have seen some witnesses testify as to seeing Danielle & the other kids, but it could be, the children may not want to fess up if it happened, or Danielle may have just went in by herself, hence no witnesses but her.

FWIW

goodnight Kim!

[JudyB1938]

That would be hilarious if it weren't so true.

[crystalk]

While we use our imaginations to see what went on in the BED room.

[Jrabbit]

It was Clearvisions post #807. Sorry I'm so helpless with this. My computer genious son went back to college last week, so I'm on my own! Thanks.

[John Jamieson]

I'm sure Feldman would have loved to have that kind of conclusive evidence, but remember he's not required to produce it. The defence does not have to prove the accussed is innocent.

[mouser]

just a thought

could of she died from a stab wound or a .22 gunshot if the stab wound was in the frount of the stomache or the gunshot from say left to right close to the front of the cavity all the wound chanel as well as exit and entrance wound would/could of been eaten by the animals then a few maggots around the wound (they like those torn open spots) basically the evidence is gone

a lot of fluid would of been lost at the site of death giving less to lose at recovery site

just an idea
hope i am not too far out in left field

[dread78645]

Would those very time-specific blowflies still be attracted to tissue that had been frozen and then thawed out?

Anyone?

So you want me to experiment with my Sunday chicken supper.
The things I do for you guys ...