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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: agarrett
Based on what I understand the judge said yesterday that the jury just has to think Westerfield kidnaped Danielle and he will be considered to have committed 1st degree murder.
581 posted on 07/30/2002 2:39:46 PM PDT by VRWC_minion
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To: Spunky
Have all of them said something you don't believe? SOrry, I based my judgment on watching CTV 1 time for about an hour. I should have specified I meant not to trust the words of the commentators.

They did have some lawyers that gave information I consider valid and honest, but that airhead commentator interrupted her every time she started to say something that sounded like it would benefit DW.+

582 posted on 07/30/2002 2:40:08 PM PDT by UCANSEE2
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To: agarrett
That sounds like a margin of error bugologists might use. (inside joke)
583 posted on 07/30/2002 2:40:46 PM PDT by Freedom2specul8
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To: VRWC_minion
Tell me which expert should I believe when Money magazine has them do tax returns and they are all wrong?
584 posted on 07/30/2002 2:41:37 PM PDT by rolling_stone
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Can't follow this guys...

There appears to be confusion as to the length of maggots..but not sure how it relates to Danielle's body

585 posted on 07/30/2002 2:42:26 PM PDT by Freedom2specul8
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To: basscleff
"Good thing I didn't lay down for a nap who knows what state I would have been found in."

Maybe California?

586 posted on 07/30/2002 2:43:10 PM PDT by El Sordo
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To: ~Kim4VRWC's~
Feldman has given this guy three or four new orfices already. This is sad.
587 posted on 07/30/2002 2:43:10 PM PDT by John Jamieson
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To: John Jamieson
Here again..it depends on what you want to hear and what you are hearing. Can you briefly summarize in layman's terms what you heard?
588 posted on 07/30/2002 2:44:01 PM PDT by Freedom2specul8
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To: rolling_stone
Tell me which expert should I believe when Money magazine has them do tax returns and they are all wrong?

Assuming they all keep you out of jail, the one who can best match your level of risk with the lowest tax liability.

589 posted on 07/30/2002 2:44:41 PM PDT by VRWC_minion
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To: ~Kim4VRWC's~
Goes to how developed, the most developed maggot was.
590 posted on 07/30/2002 2:45:49 PM PDT by John Jamieson
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The witness just told feldman he trusts the people who measured the bugs..but feldie is saying tha the's speculatin gabout the degree of devlopement..of 3rd stage..is told to change the question by the judge.
591 posted on 07/30/2002 2:45:53 PM PDT by Freedom2specul8
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To: VRWC_minion
I guess tac accounting is an art not a science? Must be written by politicians.
592 posted on 07/30/2002 2:46:38 PM PDT by rolling_stone
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in his report, the 9th of feb is a reasonable date.. he agrees..
593 posted on 07/30/2002 2:46:45 PM PDT by Freedom2specul8
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To: ~Kim4VRWC's~
Gang,
We've all heard about the mummification and how the bugs (blowflys) would stay away in droves until the body was opened up - is it the contention of the prosecution that the local animals (mice/fox/coyote/raptors/etc) left her body alone for 7 days? (i.e. body dumped on 2/2 - opened on 2/9 - bugs descend on 2/9 -> 2/12)

Just wonderin' aloud...


FRegards,
PrairieDawg
594 posted on 07/30/2002 2:46:49 PM PDT by PrairieDawg
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To: UCANSEE2
Feldman: we don't have pre-puparel state do we?
No. we have close to though.
But to really say that with certainty you would have had to studied the bugs?well... I had someone measured them?
595 posted on 07/30/2002 2:47:02 PM PDT by alexandria
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She could have been dead on the 9th..

do you have an opinion as to whether or not the 9th, she could have been alive..

objection sustained

Do you have an opnion as to whether or not the 9th accurately states the PMI.

as he stated before he's looking at a period of when the blowflies.?

596 posted on 07/30/2002 2:49:02 PM PDT by Freedom2specul8
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To: All; ~Kim4VRWC's~
http://www.crimelibrary.com/forensics/anthropology/6.htm

The job of the forensic entomologist is to interpret these various relationships in order to offer information to law enforcement officers that will assist in leads. "At present," says Goff, "entomology is relatively well accepted by crime scene investigators. When I first began, we were regarded as having limited value. Over the years, with educational outreach and careful work, we have become a recognized discipline." For research---since there's only one Body Farm at this time---he relies on pigs. "I have selected sites for my studies based on the records of localities in which bodies have been encountered. For each study, I use three pigs.

THE BODY FARM IN TENNESEE USES HUMAN CADAVERS. GOFF USES PIGS.
Oh I know a pig is supposed to be the closest to humans, but it isn't a human.

597 posted on 07/30/2002 2:49:28 PM PDT by Spunky
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To: ~Kim4VRWC's~
He's best estimate is 2/9, how's that helping the prosecution? Big waste of Dusek's money. He keeps building the defenses case instead of his own. Now there have 4 experts, none of which can place Danielle's death on 2/2 or 2/3 with any level of assurance.
598 posted on 07/30/2002 2:49:32 PM PDT by John Jamieson
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Storage in a refrigerator could change the body?

No

599 posted on 07/30/2002 2:49:33 PM PDT by Freedom2specul8
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To: rolling_stone
I guess tac accounting is an art not a science? Must be written by politicians.

I would describe it as both.

600 posted on 07/30/2002 2:49:40 PM PDT by VRWC_minion
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