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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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He's testified more for prosecution than defense 60/40

It's rare for him to not examine evidence.

501 posted on 07/30/2002 2:05:25 PM PDT by Freedom2specul8
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To: VRWC_minion
A professional that states his science is limited and not all knowing will be more credible than less credible.

True.

A professional that states his science is good and other experts science is no good ends up with no credibility, especially when he bases his conclusion on those other experts investigations.

502 posted on 07/30/2002 2:05:26 PM PDT by UCANSEE2
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To: UCANSEE2
One of the CTV lawyers says Goff's description (in his book I think) is he has real bush hair and beard and wears a diamond earing.

She says he appears to be cleaned up for court today and she hasn't been able to spot the diamond earing.

503 posted on 07/30/2002 2:05:39 PM PDT by Spunky
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Comment #504 Removed by Moderator

To: It's me

"The neighbor who saw the boy in front of his own house two weeks or so ago said he didn't cross the street but looked like he wanted to so she helped him."


"Let's fix that with the truth: The neighbor who saw the youngest Van Dam boy in front of her house. Said she saw the boy run across the street to get a ball and she was afraid for him crossing the street again to get back to his house so she helped him back across. She also stated that she saw no one outside watching the little boy."

Here's the actualy testimony:


Q NOW, NOT THE INCIDENT WITH YOUR HUSBAND, BUT HAVE YOU SEEN THE VAN DAM CHILDREN OUT IN THE STREET RECENTLY?

A YES, I DID.

Q AND UNDER WHAT CIRCUMSTANCES?

A THE YOUNGEST ONE WAS OUT PLAYING WITH HIS BALL IN THE FRONT OF THEIR HOUSE. AND THE BALL WENT ACROSS THE STREET. AND HE VERY RELUCTANT TO CROSS, TO GO ACROSS AND GOT HIS BALL. AND I STOPPED THE TRAFFIC SO HE COULD GO BACK ACROSS THE STREET.

Q DID YOU SEE THE PARENTS ANYWHERE?

A NO, I DIDN'T.



Youngest one playing outside...unattended...especially after what had "happened" to Danielle?
505 posted on 07/30/2002 2:06:05 PM PDT by ItsOurTimeNow
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To: ~Kim4VRWC's~
It SEEMS that he consulted with the prosecutor witnesses!
506 posted on 07/30/2002 2:06:42 PM PDT by It's me
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Prosecution contacted him.

Someone is a friend of him..rodrigous? SP??

507 posted on 07/30/2002 2:06:52 PM PDT by Freedom2specul8
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To: ItsOurTimeNow
Thank you
508 posted on 07/30/2002 2:07:55 PM PDT by It's me
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To: Spunky
I wouldn't take anything CTV says, no matter what.
509 posted on 07/30/2002 2:08:12 PM PDT by UCANSEE2
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To: ~Kim4VRWC's~
THE MUMMY GUY!
510 posted on 07/30/2002 2:08:45 PM PDT by alexandria
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based on his training, in general but not always bugs will attack body...

It is a basic premise to see flies right away.

He's unaware of any physical barrior to the remains. Dang this is too fast.IMHO Goff is trying to prove there's an exception to every rule

511 posted on 07/30/2002 2:09:00 PM PDT by Freedom2specul8
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To: bvw
The seminars made him the expert, no? So exactly what are you saying?

Having attended numerous seminars in my expertise on topics there is a huge difference in the choice of language and its preciseness when discussing with colleagues and when giving our written or stated opinion.

When talking with other CPA's we can be less specific and qualifying because the audience understands the topic and the related limitations.

512 posted on 07/30/2002 2:09:15 PM PDT by VRWC_minion
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To: ~Kim4VRWC's~
Rodrigez (sp) is the government guy who says Danielle may have been dead before she went missing
513 posted on 07/30/2002 2:09:18 PM PDT by It's me
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To: alexandria
Yes, thank you!
514 posted on 07/30/2002 2:09:19 PM PDT by Freedom2specul8
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Comment #515 Removed by Moderator

To: alexandria
"you cannot tell me that BVD would go to the phone check the dog etc. and leave her "driveway post""

go to the phone, check the dog, go pick up a pizza, swing with her friends, smoke pot, have sex in the garage, drink in the garage...
516 posted on 07/30/2002 2:10:01 PM PDT by ItsOurTimeNow
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In his research, he's seen a 2 1/2 day delay when the body was wrapped in 2 layers of blankets.
517 posted on 07/30/2002 2:10:04 PM PDT by Freedom2specul8
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HA Did you hear Dusek's sidekick whisper Argumentative? then Dusek objects!
518 posted on 07/30/2002 2:10:48 PM PDT by It's me
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feldman is talkin too fast...

feb 12th day, 21/2 day delay, without body rapped...9th? Argumentative..sustained.

519 posted on 07/30/2002 2:11:05 PM PDT by Freedom2specul8
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The autopsy clue, defect to abdomnen..large quantities of flesh removed from the chest area...was swollen...

???

small animals

he visited the scene last week with dusek..alone.

520 posted on 07/30/2002 2:12:21 PM PDT by Freedom2specul8
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