Judge Mudd Says Sequestering Of Jury Possible: Van Dam case has jurors facing more Mad-Dawgging!!

Union Trib ^ | July 30, 3002 | Alex Roth

[FresnoDA]

Judge says sequestering of jury possible

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.

[John Jamieson]

The frost impact on the development is taken care of by substracting the first 10 degrees. If frost delayed the actual laying of the eggs it would only be a few hours, because they don't lay at night anyway. The frost goes away just as soon as ole sol comes up. Just some more crap to confuse the jury.

Anybody notice that the temperature data that he liked the least (he only had max, min and mean) produced the only result that even came close to what Dusek wanted? The good temperature data (hourly) placed the beginning of the processes 5-6 days later.

[VRWC_minion]

Dusek got what he wanted. The closet place with weather data was Singing hills and that derived the range of of 2/2 to 2/12 with the caveat that frost and ants would stunt the starting date.

Feldman will get enough to cast doubt on it but Dusek has all he needs to have a foundation that to claim 2/2 as the date she was dumped.

[pinz-n-needlez]

So, as a credentialed geek yourself.... :-)

Was Goff bending over backwards to sound officious and hard-to-understand, in your expert opinion? Or am I just having an obtuse day?

I'll admit that I flunked out of college twice -- so far.

[PrairieDawg]

I forget - exactly when did the SDPD start watching DW 24x7?
And when did he get taken into custody?

P.S. Why is this thread on "General Interest" rather than News?

Thanks!
PrairieDawg

[bvw]

Impatient. No cross yet.

[John Jamieson]

I wouldn't say he agreed exactly with the defense (which includes the prosecutions first expert,BTW), I didn't expect that he would, but I did expect that he would concluded that the first egg laying was most likely later than 2/4 and he did.

I think after it's sorted out, this was another Dusek failure. I'll be able to check the numbers better after the transcripts come out. Feldman may be able to get this guy to admitt that he basically failed to make the prosecution's case.

[mommya]

All the reports in this case should have been more thorough. Still does not mean Goff can talk about something he assumes - what If Haskell used Goff's info.? Then how would he account for the differences? In fact - he should have to acct. for that scenario - if he doesn't know for sure either way.

I will give you points for the "frost" issue - though it has not been emphasised that much. There could have been frost and there could have been ants - but were there? At least there is some data to draw the frost inference - the ant stuff is a whole nother thing though.

[John Jamieson]

I have no idea. They way it was described it sounded like the HVAC calculations which I am familiar with.

[Southflanknorthpawsis]

Feldman will get enough to cast doubt

A whole lot of doubt. I don't want to interrupt your love affair with Goff and all the bugs, but Feldman will probably rip him up pretty good.

He and Dusek cannot escape the fact that Faulkner was numero uno when it came time for Dufus to call an entomologist. Goff got to look at Faulkner's work. Needs no explanation.

[VRWC_minion]

The frost impact on the development is taken care of by substracting the first 10 degrees

Then why would he say that the frost would delay the date even further if it wasn't true ?

[bvw]

Well it really bugs me!

[VRWC_minion]

I didn't expect that he would, but I did expect that he would concluded that the first egg laying was most likely later than 2/4 and he did. 2/2 using Singing hills Data which is arguably closer to body.

[John Jamieson]

No, I thought he was trying hard to explain himself. He seem sincere enough, just trying to give every advantage to those who paid.

[bvw]

Did SDPD Sgt. H_ testify that there was frost too?

[John Jamieson]

Closer to body, but not hourly data, so in his mind it wasn't as good, and he said so.

[VRWC_minion]

Still does not mean Goff can talk about something he assmes - what If Haskell used Goff's info.?

YEs, Duesek will say that based on Goff's testimony the temperatures at Singing Hills indicate that the minimum time the body could have been there is from 2/2. That coupled with th ME, he can state what he needs to.

Feldman will only be able to say "Yeah But".

Its hardly the strong argument it was before.

[bvw]

Now his future reputation is to be balanced against this fee and the free publicity. Let's see how he does ...

[pinz-n-needlez]

Thank you, and hmmmm......

[John Jamieson]

He was saying that the "egg laying" could be delayed by frost, he just didn't mention that it would only be a few hours.

[bvw]

Remember that you said what you just did, and remind us later as to the outcome against what does happen, eh?