'Dirty dancing' sequel: Jury asks to rehear criminalist's testimony |
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SAN DIEGO — Jurors weighing David Westerfield's fate want to rehear testimony from a police lab technician who said "dirty dancing" between Danielle van Dam's mother and the defendant might explain some fiber evidence. The foreman of the panel, now in its sixth day of deliberations, sent a note to Judge William Mudd Wednesday afternoon requesting a readback of the San Diego Police Crime Laboratory criminalist Jennifer Shen. Shen testified twice for the prosecution, and the jury note specified her second turn on the stand when she conceded on cross-examination that close dancing might have spread orange fibers later used to link Westerfield to the 7-year-old's murder.
Shen and other lab techs found that orange acrylic fibers in Westerfield's SUV, home and recreational vehicle were similar to a single strand snagged in a choker necklace Danielle was wearing when she was killed. During an aggressive cross-examination by defense lawyer Steven Feldman July 9, Shen acknowledged that if she had known that some witnesses said Westerfield and Brenda van Dam were dancing suggestively, "that would impact my evaluation of the evidence." But Shen's testimony also bolstered the prosecution's case. It was during her second time on the stand that she discussed orange fibers found in Westerfield's SUV. She also said the sheer amount of fibers, taken with the other forensic evidence, made it unlikely the fibers were transferred through a third party rather than directly. Also Thursday morning, Judge Mudd once again denied a defense request to sequester the jury. Feldman, citing a recent report on Courttv.com that jurors asked a bailiff to instruct the press not to stare at them during coffee breaks, charged that the jury felt "under siege." "There's only one fair response — Get the jury out of harm's way," said Feldman. He also asked the judge to throw television cameras and radio microphones out of the court for the remainder of the trial. Mudd railed against the media and said he doubted he would ever let cameras in his courtroom after the completion of this trial, but he said for the time being he would not throw the cameras out nor sequester the jury. He agreed that jurors should eat lunch and take breaks in a private area in the future. |
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