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Judge Mudd Says Sequestering Of Jury Possible: Van Dam case has jurors facing more Mad-Dawgging!!
Union Trib ^ | July 30, 3002 | Alex Roth

Posted on 07/30/2002 7:13:26 AM PDT by FresnoDA

Judge says sequestering of jury possible

By Alex Roth
UNION-TRIBUNE STAFF WRITER

July 30, 2002

Judge William D. Mudd chastises the media and threatens to cut off video and still-photo coverage David Westerfield's murder trial Thursday, July 25, 2002, in San Diego. Mudd said the problem was due to a security breech when an unnamed person followed some jurors to their vehicles and wrote down license numbers. Westerfield is accused of the kidnapping and murder of seven-year old Danielle van Dam. (AP Photo/Dan Trevan,POOL)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.


TOPICS: Local News
KEYWORDS: 180frank; danielle; kidnapping; molestation; threadjackals; vandam; westerfield
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To: Southflanknorthpawsis
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.

Of course he will to an extent but you don't realize that at this point it doesn't matter. All Dusek needed was an expert that would put the date at 2/2 and say this is the minimum time she was there. From this Desek has the testimony he needs.

421 posted on 07/30/2002 12:53:44 PM PDT by VRWC_minion
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To: bvw
Remember that you said what you just did, and remind us later as to the outcome against what does happen, eh?

It will be in his closing. Count on it.

422 posted on 07/30/2002 12:54:57 PM PDT by VRWC_minion
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To: VRWC_minion
Whose closing?
423 posted on 07/30/2002 12:56:12 PM PDT by bvw
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To: bvw
In the words of Bono......"Am I buggin'ya? I don't mean to bug ya."
424 posted on 07/30/2002 12:56:35 PM PDT by Southflanknorthpawsis
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To: VRWC_minion
He really had to strain all he's assumptions to get to 2/2, but he did just make it (and only if the maggots were at the absolute end of the third stage), and only under only one of his 4 different analyses.

If you count Goff as four experts, 3 helped the defense and one just barely helped the prosecution.
425 posted on 07/30/2002 12:57:15 PM PDT by John Jamieson
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To: John Jamieson
You do know what minimum means don't you ?
426 posted on 07/30/2002 12:58:54 PM PDT by VRWC_minion
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To: PrairieDawg
I forget - exactly when did the SDPD start watching DW 24x7?

The defense contends Westerfield could not have dropped the body where it was discovered because he was under intense surveillance by the police beginning Feb. 5.

427 posted on 07/30/2002 1:00:31 PM PDT by UCANSEE2
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To: VRWC_minion
Minimum ... hmmm? Nah, too easy
428 posted on 07/30/2002 1:00:42 PM PDT by bvw
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To: VRWC_minion
Oh really? You know the minds and conclusions of the jurors? Aren't you getting just a tad bit carried away with your obsession?

Whether or not it literally applies to the bug evidence, the jury will be instructed that if two "reasonable" explanations are given, the one that favors the defendant must prevail.

They may choose to apply that principle to the whole sum of entomology expertise, although that isn't eactly what the instruction demands.

429 posted on 07/30/2002 1:02:25 PM PDT by Southflanknorthpawsis
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To: mommya
I dunno mommya,
From what I've read it is preferable to have your own local bug guy be at the scene to collect bugs, take temps, label all specimens then after all bugs have been collected and labeled as to where they were found etc. do the anaylisis.
Other entomologists do studies of cases sent to them but it is MOST PREFERABLE to have the bug guy at the initial scene. That is why I put Faulkners testimony above this guys who hasn't, that I've heard, bucked Faulkners findings much.
430 posted on 07/30/2002 1:03:10 PM PDT by alexandria
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To: bvw
Whose closing?

All of this testimony is leading up to providing a foundation so that the defense can connect all of the facts and create a picture of what happened.

It will have to based on what took place in the trial. After Goff finished, Dusek is now free to say that not only can the science not predict time of death accurately but based on the readings from Singing Hills the latest date she was dropped there would be 2/2 to 2/12.

431 posted on 07/30/2002 1:03:35 PM PDT by VRWC_minion
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To: VRWC_minion
I can probably produce a better mathematical definition for it than you can. Are you familar with hill climing algorythims (sorry, I'll bet your spelling is much better than mine!) and local verses global minimums?
432 posted on 07/30/2002 1:04:00 PM PDT by John Jamieson
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To: VRWC_minion
So, you are actually saying that without GOFF stretching the time the body could be there, that Prosecution has such a weak case they are afraid they will lose?

That is why the STATE spent the money to fly in GOFF? Isn't it?

He wasn't on the witness list from the beginning. He was only called in at the last minute to counter Haskell's testimony.

Isn't that true ?

433 posted on 07/30/2002 1:04:51 PM PDT by UCANSEE2
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To: All
I shall be unable to post this afternoon's testimony--is there anyone who would like to give it a go?
434 posted on 07/30/2002 1:05:43 PM PDT by shezza
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To: John Jamieson; ~Kim4VRWC's~; VRWC_minion; cyncooper
On the phone to CTV was Lee Meadow Janz M.D (Forensic Anthropologist)just like Dr. William Rodriguez III, PhD. When asked what a Forensic Anthropologist does? she said, study of skeletons of unidentified remains. (Not a mummification expert )She works at the body farm. She said; "ENTOMOLOGISTS ARE MORE ABLE TO COME CLOSER TO THE TIME OF DEATH THAN AN ANTHROPOLOGIST."</b
435 posted on 07/30/2002 1:06:16 PM PDT by Spunky
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To: VRWC_minion
Absent that you have confused the prosecution with defense -- perhaps in some belief that the prosecution is "defending justice for Danielle", when do you think Feldman will say "Yeah, but..."? You've already said we can count on it.
436 posted on 07/30/2002 1:06:58 PM PDT by bvw
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To: Spunky
close

test

437 posted on 07/30/2002 1:07:51 PM PDT by Spunky
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To: VRWC_minion; John Jamieson
You do know what minimum means don't you ?

Yeah John ! What the heck is the matter with you ? <sarcasm>

438 posted on 07/30/2002 1:08:42 PM PDT by dread78645
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To: VRWC_minion
I can see Dusek now,"Based on 25% of our last expert's calculations, we can say with some certainty that DW maybe, could have, if the maggots were just ready to have turned into flys, and if you use the crappest weather data, dumped Danielle on the 2d or 3d." How's that for proof?
439 posted on 07/30/2002 1:08:58 PM PDT by John Jamieson
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To: VRWC_minion
It will have to based on what took place in the trial. After Goff finished, Dusek is now free to say that not only can the science not predict time of death accurately but based on the readings from Singing Hills the latest date she was dropped there would be 2/2 to 2/12.

So, GOFF is going to scientifically state that science cannot predict TOD, but it can predict when the body was dropped off. That Faulkner's science was wrong, but GOFF'S use of it is.

P.S. All of this testimony is leading up to providing a foundation so that the defense can connect all of the facts and create a picture of what happened.

Don't you mean Prosecution instead of Defense?

440 posted on 07/30/2002 1:08:59 PM PDT by UCANSEE2
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