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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: the Deejay
Hence, DW didn't do it. Period.

I just got back so have missed most of Goff. But regarding DW didn't do it, I just started reading yesterday's hearing transcripts.

Here is DEFENSE to Judge Mudd:

MR. BOYCE: THERE IS NO EVIDENCE OF HOW SHE GOT THERE. I MEAN FOR ALL THEY KNOW THAT SOMEBODY COULD HAVE ASKED HER DO YOU WANT TO GO CAMPING FOR THE WEEKEND, AND SHE ENDED UP IN THE MOTOR HOME. WE DON'T KNOW. THERE'S BEEN NO EVIDENCE PRESENTED.NOW, I'M NOT SAYING THAT THEIR THEORY IS UNREASONABLE. I'M NOT SAYING THAT IT'S -- BUT I'M SAYING THERE ARE OTHER THEORIES OUT THERE. I'M SAYING THIS -- THERE IS NO EVIDENCE PRESENTED AS TO HOW SHE GOT WHEREVER SHE WAS MURDERED.

Maybe she ended up in the MH because she was invited??? HMMMMMMMMMMMM

Not evidence, mind you, just interesting...

601 posted on 07/30/2002 2:49:42 PM PDT by cyncooper
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lost feed hang on
602 posted on 07/30/2002 2:49:51 PM PDT by Freedom2specul8
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To: ~Kim4VRWC's~
..it depends on what you want to hear and what you are hearing

I don't think you could have said it any better. AND it applies to both 'sides' of the fence.

603 posted on 07/30/2002 2:51:12 PM PDT by UCANSEE2
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To: ~Kim4VRWC's~
rats..got feed back and then lost it again
604 posted on 07/30/2002 2:51:15 PM PDT by Freedom2specul8
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To: John Jamieson
He better make sure to keep shooing the blowflies away! LOL
605 posted on 07/30/2002 2:51:38 PM PDT by pinz-n-needlez
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To: ~Kim4VRWC's~
me too!
606 posted on 07/30/2002 2:51:54 PM PDT by John Jamieson
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To: VRWC_minion
the one who can best match your level of risk with the lowest tax liability.

Is that the way you do tax returns?

607 posted on 07/30/2002 2:52:39 PM PDT by UCANSEE2
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To: PrairieDawg
Yeah, sure,whatever. At least in DewPointDusek's mind. And I can keep an open box of Godiva in my house and not eat any of it for a month. And x42 never lied in his entire life..... ya know what i mean?
608 posted on 07/30/2002 2:52:41 PM PDT by Jaded
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To: John Jamieson
I will say one thing these experts earn their money if they have to be cross examined by Feldman who IMO is well prepared and knows his stuff especialy relating to PMI TOD.
609 posted on 07/30/2002 2:52:52 PM PDT by rolling_stone
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To: PrairieDawg
I said, she was protected by a personal portable nuclear powered invisible shield. The batteries only lasted 2 weeks, and then a coyote carried them off.
610 posted on 07/30/2002 2:54:27 PM PDT by UCANSEE2
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To: UCANSEE2
Is that the way you do tax returns?

Absolutely. I wouldn't take posistions more agressive (or less) than my client would be comfortable with.

611 posted on 07/30/2002 2:55:30 PM PDT by VRWC_minion
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To: John Jamieson
There must be some congestion problems..
612 posted on 07/30/2002 2:55:53 PM PDT by Freedom2specul8
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To: pinz-n-needlez
"Regardless of what color the fibers were that they found on her body?" Correct.

"and what kind of GS cookies DW ordered?" Brenda didn't say. Only that he ordered Mint cookies to be donated overseas. Total, DW bought 4 boxes of cookies. And what difference does that make?
613 posted on 07/30/2002 2:56:08 PM PDT by the Deejay
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To: pinz-n-needlez
Remember that song?

Shoo fly don't bother me, shoo fly don't bother me

614 posted on 07/30/2002 2:56:45 PM PDT by Freedom2specul8
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To: rolling_stone
Bios of Feldman from months ago said he was a TOD expert. Guess they were right.
615 posted on 07/30/2002 2:56:57 PM PDT by John Jamieson
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To: cyncooper
The little girl killed in missouri, rode on the back of her abductor/killer, (piggybacked)...down her own street according to a witness. Invitation would not be surprising..
616 posted on 07/30/2002 2:59:02 PM PDT by Freedom2specul8
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To: the Deejay
I'm funnin' with you.

It's late, Goff is weird, dw didn't do it, and Dusek it boring.

Forgot the /sarcasm. :-)
617 posted on 07/30/2002 2:59:35 PM PDT by pinz-n-needlez
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To: ~Kim4VRWC's~
ok, I won't
618 posted on 07/30/2002 2:59:59 PM PDT by pinz-n-needlez
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To: All
Anyone got a better feed than sandiego.com?
619 posted on 07/30/2002 3:00:19 PM PDT by Freedom2specul8
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To: ~Kim4VRWC's~
I agree.

However Judge Mudd said that the parents had not given permission for Danielle to be in Westerfield's possession, so no matter how she came to be there--whether he took her or enticed her--it is kidnapping.

620 posted on 07/30/2002 3:00:26 PM PDT by cyncooper
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