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Judge Mudd Refuses Sequester Plea: Westerfield Jury Verdict In Sep? (Aug. 16th Verdict Watch)
Union Trib ^ | August 15, 2002 | Jeff Dillion/Steve Perez

Posted on 08/16/2002 6:39:20 AM PDT by FresnoDA

Judge denies defense motion to sequester jury

By Jeff Dillon and Steve Perez
SIGNONSANDIEGO

August 15, 2002

Judge William D. Mudd addressed counsel on a motion by defense attorney Steven Feldman regarding media access to jurors in the trial of defendant David Westerfield at San Diego courthouse, August 15, 2002. Westerfield is accused of the kidnapping and murder of seven-year old Danielle van Dam from her Sabre Springs home, last February.  REUTERS/POOL/Dan TrevanArguing 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:

 



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To: ~Kim4VRWC's~
thank you Kim.
981 posted on 08/16/2002 11:09:02 PM PDT by domestice
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To: wonders
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.

982 posted on 08/16/2002 11:10:13 PM PDT by Alamo-Girl
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To: Jaded
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 ?
983 posted on 08/16/2002 11:12:02 PM PDT by pyx
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To: John Jamieson
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?
984 posted on 08/16/2002 11:13:50 PM PDT by Jrabbit
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To: domestice; UCANSEE2
It's the best post on the entire thread..and so true.

985 posted on 08/16/2002 11:16:31 PM PDT by Freedom2specul8
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To: All
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 ...

986 posted on 08/16/2002 11:17:40 PM PDT by Freedom2specul8
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To: domestice
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!
987 posted on 08/16/2002 11:18:28 PM PDT by JudyB1938
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To: pyx
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.
988 posted on 08/16/2002 11:19:04 PM PDT by domestice
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To: Jrabbit
What's the URL? Maybe I can figure out how to do it for you.
989 posted on 08/16/2002 11:20:25 PM PDT by JudyB1938
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To: domestice
That's right. Dusek said it could have fallen out of someones pant cuff.
990 posted on 08/16/2002 11:21:23 PM PDT by Jrabbit
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To: sawsalimb
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.
991 posted on 08/16/2002 11:21:45 PM PDT by crystalk
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To: Jrabbit
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.
992 posted on 08/16/2002 11:22:16 PM PDT by John Jamieson
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To: NatureGirl
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.

993 posted on 08/16/2002 11:22:27 PM PDT by dread78645
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To: ~Kim4VRWC's~
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!
994 posted on 08/16/2002 11:23:10 PM PDT by domestice
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To: dread78645
That would be hilarious if it weren't so true.
995 posted on 08/16/2002 11:23:42 PM PDT by JudyB1938
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To: Jrabbit
While we use our imaginations to see what went on in the BED room.
996 posted on 08/16/2002 11:24:30 PM PDT by crystalk
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To: JudyB1938
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.
997 posted on 08/16/2002 11:25:59 PM PDT by Jrabbit
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To: ~Kim4VRWC's~
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.
998 posted on 08/16/2002 11:26:01 PM PDT by John Jamieson
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To: CAPPSMADNESS
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
999 posted on 08/16/2002 11:26:18 PM PDT by mouser
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To: NatureGirl
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 ...

1,000 posted on 08/16/2002 11:27:26 PM PDT by dread78645
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