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.

[shezza]

Pointing out pictures of herself in the exhibit, taken at Westerfield's on Feb 4.

[Freedom2specul8]

Velly velly intellesting...Red instructor shirt, NOT ORANGE.... in distorted photograph.

[FresnoDA]

WIT ALERT...WIT ALERT....NAWT!!!

[Freedom2specul8]

Ya poor thing!

[alexandria]

Judge admonishing jury about watching "the body farm" etc. Says Samantha R's case is in no way related or similar even though it may have been attributed as such by the media.

[shezza]

Ah, but look at everyone around her in the pix.
BLAZE ORANGE.

[VRWC_minion]

Recalling a female detective Mo Parka (?>, are there any photo's that show you. Photo's on 2/4/02. Are 2 a and 2 b wearing a white top , then exhibit ??? also shows you in Westefields and do these show your top ? What color is your shirt ? Red, a red instructor shirt. A red instructor shirt so students can see you.

What stage of the day ? =Later on in the evening.

[shezza]

She provided some of her shirts for examination. (Fiber check?)

[cyncooper]

Debunking of Feldman's implication that Parga's shirt was the wayward source of the orange fibers.

[Freedom2specul8]

Could be different shades of RED though....am waiting..

[Freedom2specul8]

R U listing or watching ctv? if real audio is working, I'd rather use it..

[VRWC_minion]

If I can show you series of clothing items on hangers. These are shirts in my closet. Are these the types of shirts used as instructor ? Could you show us the shirt you wore. These are the only 4 I was wearing in the past year. She eliminated 2 as being too tight but boils it down to 2 shirts.

[shezza]

Didn't own an orange shirt in February of this year. Cross beginning.

[VRWC_minion]

Do you own an orange shirt ? =no

[shezza]

Frazee was there at the time, with pups in tow.

[shezza]

Other LE were wearing orange. Frazee was also wearing an orange shirt.

[VRWC_minion]

Feldman, See 181 these are pretty blurry. About what time was 181 taken ? =No.

We see a dog, in 181 2c. Do you recognize him ? =Yes, sgt holmes, frazzy and dog ? No, never saw frazzy.

She believes 2a and 2b was after dogs but really don't recall.

[Freedom2specul8]

I have real audio on now but picture is lousy..