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.

[rolling_stone]

I think Feldman did a great job on cross, one thing I think he could have added when he was questioning Goeff about how many times he testified for pros & defense, when Goeff hesitated in giving a percentage feldman could have raised the book he was holding in his hand and exclaimed... your book is titled witness for the prosecution not witness for the defense...

[the Deejay]

I'll tell ya something else, Dusek doesn't do a very good job of preparing his witnesses, especially his expert witnesses. Or else he wouldn't have brought in Rodreguiz or Goff. Rodrequiz said Danielle could have died as far back as the middle of January, for heaven's sake. And today, Goff says he agrees with Haskell's findings.

[the Deejay]

Isn't the name of that book, "A Fly For The Prosecution"? Which is almost the same as "Witness For The Prosecution".

(I think the latter was already taken years ago though. LOL)

[rolling_stone]

You are right they had me spinning so much today I was thinking about the book/movie witness for the prosecution...actually today Goff came pretty close to the movie... LOL....

[rolling_stone]

Anyone know anythng about a prior felony conviction & untruthfullness being discussed by the judge & atty's?

[CAPPSMADNESS]

You are on a roll tonight! LOL!

[spectre]

I can't stomach Nancy Grace. Let me guess, tho. She'll start out her show, with the stupid look on her face, and say "Well, EXCUSE me, Mr. Feldman, what's a couple of math errors? We have a dead child, a beautiful little girl, brutally murdered by a monster, deposited like TRASH, on the side of the road, and YOU'RE concerned with MATH?!" "Give me a BREAK"!

No need to tune in...except for the math part, she's said it all before and if what I wrote offends anyone, she doesn't have a problem saying it over and over again.

sw

[the Deejay]

OH, you've been watching waaayyy too much of Nancy Grace! You've been Graceized! LOL!

You got her comments down to an art! ROTF!!!

[the Deejay]

He came pretty close alright, until Feldman pointed out the math errors in his homework & got Goff to say he agreed with Haskell's findings.

BWAHAAAHHHAAHHHAAA!

[spectre]

She's worse than that, I just couldn't post it! Yes, I have watched her way too much. It's mostly on mute lately.

later, sw

[John Jamieson]

"Best case scenario is a hung jury."

Based on what? Please share your insight with the rest of us. Many of the rest of us figure he's an easy walk at this stage.

[Lauratealeaf]

"Best case scenario is a hung jury." Quoth the Minnion

Guess Denise, Brenda and Barb might take that quote more than one way iffin there are some halfway decent looking men on the jury (or at least some women Brenda might want to take home.)

[John Jamieson]

There was so much lying I never figured out who they were talking about but I think the felon best fits Dirty Bob the tow truck driver that hears voices.

[the Deejay]

"Many of the rest of us figure he's an easy walk at this stage."

I've seen the "easy walk" since the prelim. I knew if the prosecution didn't come up with more hard & convincing evidence by the trial, he'd walk. So far, I haven't seen "more hard & convincing evidence".

[rolling_stone]

He was my first guess also...

[mommya]

I may be stupid - but what kind offenses (besides the obvious) would fall into the felony category? Drug dealing? Theft?

[Karson]

I heard them discussing it but don't know who they were referring to.

[the Deejay]

Really? You think Dirty Bob TT Driver is a felon? I knew he was lying in his testimony &/or stretching the truth a bit.

[mommya]

Nevermind - I answered my own question - link.

[rolling_stone]

Well having a felony conviction makes it harder to get a job of trust..thus some look for self employment, or jobs where background is not likely to be checked by employer. Felonies are the more serious crimes, petty theft(used to beup to $400) is a misdemeanor while grand theft is a felony. Most violent crimes except for simple assault & battery are felonies...Many times first offense of felony can be plea bargained to misdemeanor so,,,there might be more of a history...convicted felons can't vote unless their rights have been restored or they are democrats.