WITH VIDEO
With the jury completing its eighth day of deliberations without a veredict in the kidnap-murder trial of David Westerfield, the judge in the case has denied a media request to unseal transcripts of closed hearings. Posted on 08/19/2002 4:16:26 PM PDT by FresnoDA
August 19, 2002
WITH VIDEOWith the jury completing its eighth day of deliberations without a veredict in the kidnap-murder trial of David Westerfield, the judge in the case has denied a media request to unseal transcripts of closed hearings.
The motion before Superior Court Judge William Mudd was filed by Guylyn Cummings, the attorney who represents the San Diego Union-Tribune and other media companies.
During the trial, a number of hearings were held outside of public view. Mudd denied the motion, reasoning that the jury was continuing to deliberate in the case and to ensure that "this deliberating jury is not exposed to any more publicity than they're already exposed to."
The jury should be free of a "deluge" of items that were not allowed in the trial, the judge said.
"I don't need the headaches," Mudd said, referring to seeing stories about the closed hearings in The San Diego Union-Tribune.
Mudd lashed out after an editorial in Saturday's Union-Tribune criticized his decision to banish a radio producer from the trial because the station she worked for aired the contents of a closed hearing.
The judge said he "had no idea" that he was the "Saddam Hussein" of the First Amendment in San Diego. The editorial, titled "Judge's overreach," does not mention Saddam Hussein or make allusions to the Iraqui leader. Read the full editorial here.
He said making the sealed transcripts public would cause prejudice that would be "hard to compute."
Mudd said he had no reason to believe that the media would use good judgment in reporting the contents of the closed hearings if it were to be released.
"What the public has heard is what the jurors have heard," the judge said.
Back to work
The jury returned to the San Diego County Courthouse in an attempt to decide the fate of the man accused of killing Danielle van Dam.
In all, Westerfield, 50, is charged with murder, kidnapping and misdemeanor possession of child pornography in connection with the death of the 7-year-old.
As of this morning, jurors had deliberated about 31 hours over seven days.
The twice-divorced, self-employed design engineer could face the death penalty if the jury convicts him of killing his Sabre Springs neighbor and finds true a special circumstance allegation that the second-grader's murder occurred during a kidnapping.
Brenda van Dam discovered her daughter missing from her bed the morning of Feb. 2.
On Friday, the jury asked for a readback of the testimony of San Diego County Medical Examiner Brian Blackbourne and insect expert David Faulkner.
Blackbourne and Faulkner were among a group of witnesses who testified about how insects found on the child's body could help determine when she had been dumped off an East County road near Dehesa.
Faulkner, a forensic entomologist, found 14 insect species on the girl's body when he examined it at the East County recovery site.
The witness testified that fly larvae first infested the body 10-12 days before volunteer searchers discovered it on Feb. 27.
On cross-examination by prosecutors, Faulkner conceded that he could not give a maximum time Danielle's body was exposed to the elements. Blackbourne testified that the body was in an advanced state of decomposition and that animals had been feeding on it.
He testified that Danielle died between Feb. 1 and Feb. 18.
Other experts testified that insects infested the body as little as four days before it was discovered to six weeks earlier.
Jurors also have asked for readback of the testimony of San Diego police criminalist Jennifer Shen when she was recalled to answer questions about orange fibers that allegedly link Westerfield to the victim.
Shen testified that orange fibers found wrapped in Danielle's choker matched orange fibers found in Westerfield's laundry. More orange fibers were found on a pillow case in the defendant's master bedroom.
During her second time on the witness stand, Shen acknowledged that if she had known that witnesses at a Poway bar said Westerfield and Danielle's mother had been ``dirty dancing,'' it would have influenced her evaluation of the fiber evidence.
Shen also told prosecutors that the amount of orange fibers found in Westerfield's SUV, home and motorhome made it unlikely the fibers were transferred from a third party.
Jurors also have reviewed the pornographic evidence in the case and asked to look at photographs that Westerfield had taken of his ex-girlfriend's teen- age daughter. Prosecutors told the jury that one photo of the daughter lying by the pool was sexually suggestive.
Jurors also listened again to a taped interview the defendant gave to a police interrogation specialist on Feb. 4.
Nearly 100 witnesses were called during the two-month trial.
I read everyone's posts. I do think you were the first one to state what I just 'restated'. I thought I was carrying it over from the old thread. Imitation is the sincerest form of flattery,
:` )
When it comes to the word of a POLICE OFFICER vs. YOUR WORD as a SUSPECT, who would you think will be believed?
Actually, in this case it was not the word of a suspect. The accusation against these two worms came from an investigator in the DA's office!
336 posted on 8/19/02 7:16 PM Pacific by cynwoody
And here are the key items in that article.
Because of a gag order issued by a judge in the case, neither the defense attorneys nor prosecutors and police would comment about the memo, its accuracy or whether a response is expected.
WE PUT IT WHERE NO ONE CAN FIND IT!
The gag order prohibits Nordell or anyone else in the District Attorney's Office from commenting about the Westerfield case. Garvin, who left the District Attorney's Office and now works as a lawyer in Spokane, Wash., declined to comment yesterday.
Other than to say he is lucky he didn't get sent to the ARCTIC CIRCLE!
361 posted on 8/19/02 8:09 PM Pacific by UCANSEE2
DATE: October 31 NAME: *SAMHAIN; ALL HALLOWS' EVE; HALLOWEEN; NOVEMBER EVE WITCHCRAFT: Rituals to contact the dead SATANISTS: Sexual and blood rituals with animal or humans & animal or human sacrificeDATE: December 21/22 NAME: YULE; WINTER SOLSTICE; WITCHCRAFT: Rituals celebrating the rebirth of the sun SATANISTS: Sexual rituals, animal or human
DATE: February 2 NAME: IMBOLIC; IMBOK; CANDLEMAS; OIMELE; LADY DAY; BRIGID DAY WITCHCRAFT: Sexual rituals; Celtic triple goddess Brigid honored. SATANISM: Sexual rituals, human
DATE: MARCH 20/21 NAME: Spring Equinox; Vernal Equinox WITCHCRAFT: This is a fertility sabbat. Pagans celebrate the coming of fertility of the earth; Sexual rituals celebrated by various groups. SATANISM: Orgies held; Animal or human sacrifices
DATE: April 30 NAME: *BELTANE; MAY EVE; ROODMAS DAY; WALPURGISNACHT WITCHCRAFT: Rituals focusing on the love between male & female. In fact, many pagan handcastings (weddings) take place at this sabbat. Rituals celebrating the fertility of the Mother Goddess (Earth) are carried out. SATANISTS: Blood rituals; Animal or human sacrifices
DATE: JUNE 21 NAME: SUMMER SOLSTICE; MIDSUMMER'S EVE; WITCHES: Bonfire rituals SATANISTS: Orgies; Animal or human sacrifices
DATE: AUGUST 1 NAME: LUGNASADH (Named for Celtic Solar god Lugh);LAMMAS DAY WITCHES: Harvest rituals SATANISTS: Animal or Human sacrifice
DATE: SEPTEMBER 21 to 23 (Date varies annually) NAME: AUTUMN EQUINOX WITCHES: Some covens have rituals reenacting Pluto or Hades (grim god of death) forcefully carrying of Persephone (young goddess of life) to the underworld. SATANISTS: Sexual orgies and or animal and human sacrifice.
**FREE NINJA DAVE**FREE NINJA DAVE**FREE NINJA DAVE**
This is probably too late, but order steak and fries.
Nobody can screw-up steak and fries.
Big Ole "Willie Joint" Bumpage
I haven't even really been paying attention to this whole Westerfield thing until I stumbled into this thread. Is there a concise summary anywhere of the General FR Opinion on his guilt or innocense? It seems everyone here thinks he's being set up, while the media keeps saying it ought to be a slam dunk case, the defense screwed up royally, etc. So, of course, I don't know WHO to believe. ;)
Earlier tonight, I again heard a defense attorney on FoxNews state that Danielle's hair was found between DW's comforter and flat sheet on his bed. Am I going nuts or what? I thought the only hairs found on sheets were those on sheets in the washer or dryer.
Someone more neutral could probably give you the skinny.
If you want pure, unadulterated facts, ask Rheo.
BELIEVE NO ONE. THINK FOR YOURSELF. WE HAVE NO ANSWERS.
Seriously, the BEST way is to read all the transcripts from the Preliminary Hearing, All the transcripts from the TRIAL and come up with your own opinion. Since that would require you reading from now until Christmas, it doesn't seem practical.
One way to start is to identify your source of info on the case.
I.E. have you been reading any threads on this case but this particular one?
Seen blurbs on the local news?
Watch CRAPTV (I mean COURT TV)?
Watched the LIVE TRIAL on a website?
THose answers will help others understand your frame of reference.
Then state if you feel the defendant is most likely guilty or not, and what made you decide that way.
Remember, RIGHT or WRONG, most of us on here have spent countless hours reviewing the testimony/evidence/facts of the case, and we are just as confused as you.
We think/hope we know what the jury will decide, and in truth we don't have a clue.
It looks like DW is not guilty. It looks like the SD DA/LE's, for political reasons/high profile case, etc are railroading DW.
Many people believe that the PHYSICAL evidence is enough to HANG HIM. (Fibers, DNA, HAIR,fingerprints).
If you listen to JUST the PROSECUTION side of the story, it does.
If you listen to the DEFENSE side of the story, it doesn't.
ASK questions, you will get answers. The HARD PART is making sure that what you get is backed up by evidence/testimony. Many of us will do that, some try, some won't. SOmetimes we say we know it is testimony, and yet we make slight errors in recall. THAT'S LIFE!
GOOD LUCK!
Means when we start a new thread (usually once or twice a day. These threads go to usually over 1000 replies) we will POST A REPLY to YOU and everyone else interested.
Then you can go to "POSTS TO ME" and see any new posts to YOU.
Let me know (PRIVMAIL is best), or FRESNODA.
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