The judge in the David Westerfield trial rejected another defense request to sequester the jury but said he still considers it "a possible option." Posted on 07/30/2002 7:13:26 AM PDT by FresnoDA
By Alex Roth
UNION-TRIBUNE STAFF WRITER
July 30, 2002
The judge in the David Westerfield trial rejected another defense request to sequester the jury but said he still considers it "a possible option."
Superior Court Judge William Mudd said he didn't think it was necessary at the moment but has asked the county to prepare "a back-up contingency plan" just in case.
Westerfield's lawyers have asked several times for jury sequestration, and they renewed their request yesterday. Lead defense lawyer Steven Feldman said he worried that the jury might be affected by the publicity in the Samantha Runnion kidnap-murder case in Orange County.
Feldman cited comments made by Samantha's mother about Alejandro Avila, the man charged with kidnapping and killing the 5-year-old girl. In an interview on CNN's "Larry King Live," Erin Runnion blamed her daughter's death on a jury that acquitted Avila of child molestation charges two years ago.
Feldman said he worried that jurors in the Westerfield case might hear about the interview and feel pressured to convict his client, who is charged with kidnapping and killing 7-year-old Danielle van Dam of Sabre Springs.
The judge said he would remind jurors about news coverage they should avoid. He also said he talked to them about sequestration last week after receiving reports that someone in the media followed some of the jurors to their cars and wrote down their license plates.
"They're a hearty group and they didn't appear to be intimidated by what occurred, and I continue to believe in their integrity," the judge said yesterday.
With the trial in recess for a day, lawyers spent yesterday discussing legal instructions to give to the jury before they begin deliberations. It seems likely that testimony will continue into next week.
Prosecutors are expected to finish their rebuttal evidence today, at which point the defense will put on evidence to rebut the prosecution's rebuttal. One possible defense witness probably won't be called until Monday, Feldman told the judge yesterday.
note to name callers = Told you so.
Etymology: Middle French, from peter to break wind, from pet expulsion of intestinal gas, from Latin peditum, from neuter of peditus, past participle of pedere to break wind; akin to Greek bdein to break wind..Date: 1598 1 : a case containing an explosive to break down a door or gate or breach a wall 2 : a firework that explodes with a loud report
Hold on, Hold on, UCANSEE2. The transcript never said for a fact that Danielle and the motor home were there at the same time. No evidence either way.
cyncooper said: "However, the transcript does not indicate the MH was there during the times Brenda is talking about---is that testimony elsewhere? When is Brenda talking about and was Danielle alone? Did she meet a playmate at the park?"
cyncooper, you are correct. The transcript does not indicate for a fact that Danielle and the MH were there at the same time.
Who is to say different though? Brenda never went to the park with Danielle on at least two occasions as per her testimony.
Dr. M. E. Goff
Estimates Danielle was placed at Dehesa Road Feb 9, "plus or minus one day" =
Feb 8 to Feb 10
Dr. Brian Blackbourne, MD
San Diego Medical Examiner
Testified that Danielle died between
Feb. 1 and Feb. 18.
Dr. Cyril Wecht, MD* Forensic Pathologist Agreed with Blackbourne’s
Feb. 1 to Feb. 18 window
Dr. William Rodriguez III, PhD Forensic Anthropologist Estimated Danielle died between
Jan. 17 and Jan. 31, but pressed by prosecutors, expanded time frame to include Feb. 1 to Feb. 6.
Defense Experts:
David Faulkner,
Forensic Entomologist Said insect infestation of Danielle’s body, which can occur within 20 minutes of death, happened
Feb. 16 to Feb. 18
Dr. Neal Haskell, PhD
Forensic Entomologist Said infestation occurred
Feb. 14 to Feb. 21 and when pressed by the prosecutor said Feb. 12 and 13 were also possible.
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