Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-20 ... 821-840841-860861-880 ... 1,021-1,023 next last
To: spectre
"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?!"


hahahahah! Thats exactly what she will say. Unless her head exploded today and we won't see her again:)


841 posted on 07/30/2002 7:49:13 PM PDT by gigi
[ Post Reply | Private Reply | To 807 | View Replies]

To: John Jamieson
Yes I agree and understand that....someone who did testify. My comment was MAybe it is why Barb DID NOT testify... Was she a felon?
842 posted on 07/30/2002 7:49:18 PM PDT by hoosiermama
[ Post Reply | Private Reply | To 836 | View Replies]

To: hoosiermama
Good guess. Barb very well could be a felon, but she hasn't testified. Therefore, it's someone who has testified.
843 posted on 07/30/2002 7:50:55 PM PDT by the Deejay
[ Post Reply | Private Reply | To 834 | View Replies]

To: the Deejay
Could someone please fill me in on this witness/felon thing. I know nothing about it. Was it discussed after the jury was dismissed today?
844 posted on 07/30/2002 7:54:33 PM PDT by Southflanknorthpawsis
[ Post Reply | Private Reply | To 843 | View Replies]

To: the Deejay
Yes that is why it was discussed. It just sort of gave me an explanation for Barb when it was mentioned. I thought she (Barb) would be called before Denise...Being a close friend of Damon and all.....
845 posted on 07/30/2002 7:55:03 PM PDT by hoosiermama
[ Post Reply | Private Reply | To 843 | View Replies]

To: hoosiermama
Barb didn't testify because she either knows too little or too much ...... I vote for the latter.

You can assume that much of what's being withheld from us in this case via sealing, has to do with good ole Barb and her interaction with other people (and maybe her orange sweater).
846 posted on 07/30/2002 7:55:06 PM PDT by John Jamieson
[ Post Reply | Private Reply | To 842 | View Replies]

To: the Deejay
I totally agree that he is overtrying his case, I said that yesterday!! Maybe if he brought in two more experts we could have TOD in Dec. 2001!

I thought his mistake was having Rodriguez discrediting the first two bug guys and then bringing his bug guy and saying discount the other two, but you can believe this one. Pretty dramatic stuff today!
847 posted on 07/30/2002 7:56:02 PM PDT by gigi
[ Post Reply | Private Reply | To 840 | View Replies]

To: John Jamieson
That is definately a possibility!
848 posted on 07/30/2002 7:56:38 PM PDT by hoosiermama
[ Post Reply | Private Reply | To 846 | View Replies]

To: Southflanknorthpawsis
I don't know all the details. If it was mentioned in court, I didn't hear it, b/c I lost my webcast connection. Someone on here posted what they heard the judge mention about a witness being a felon & to toss out his/her testimony.
849 posted on 07/30/2002 7:58:18 PM PDT by the Deejay
[ Post Reply | Private Reply | To 844 | View Replies]

To: the Deejay
Thanks, Deej. Does that mean he will tell the jury to disregrad his/her testimony? I'm assuming it's a prosecution witness????? Is that known?
850 posted on 07/30/2002 8:00:06 PM PDT by Southflanknorthpawsis
[ Post Reply | Private Reply | To 849 | View Replies]

To: gigi
Well, Rodriguez & Goff really did Dusek's case in. If they didn't I don't know what would have. Feldman did a good job on both of them.

Bottom line is, Dusek should not have reopened his case.
851 posted on 07/30/2002 8:00:24 PM PDT by the Deejay
[ Post Reply | Private Reply | To 847 | View Replies]

To: Southflanknorthpawsis
I assume so. A pro witness. Perhaps we'll find out more in the next day or so. No court tomorrow, but may be hearings on tv. (I may have to bite the bullet & let Court TV onto my tv to see if they will be a hearing.) LOL

Of course, I'll have to mute the commentators.
852 posted on 07/30/2002 8:02:57 PM PDT by the Deejay
[ Post Reply | Private Reply | To 850 | View Replies]

To: the Deejay
Bottom line is, Dusek should not have reopened his taken this case.

If they really wanted a conviction, I don't know why Dusek was selected. Maybe he IS the sacrificial lamb after all.

853 posted on 07/30/2002 8:03:22 PM PDT by Southflanknorthpawsis
[ Post Reply | Private Reply | To 851 | View Replies]

To: Southflanknorthpawsis
It was discussed yesterday during hearings regarding jury instructions. Only the lawyers, lawyers and defendant were present.

COURT: ARE WE GOING TO HAVE ANY PURE CHARACTER EVIDENCE?
MR. DUSEK: NO.

THE COURT: SHOULD I LEAVE THIS ONE TO REVISIT AT THE END OF THE CASE?

MR. FELDMAN: YES.

THE COURT: ALL RIGHT.

MR. FELDMAN: PLEASE.

THE COURT: WE DEFINITELY HAVE ADMITTED UNTRUTHFULNESSES. I'M
ANTICIPATING WE'RE GOING TO HAVE PRIOR CONVICTION OF A FELONY.

MR. DUSEK: YES.

THE COURT: AND, WELL, I'M ASSUMING THERE'S NO GRANT OF IMMUNITY FLOATING AROUND OUT THERE, SO THAT ONE I THINK I CAN SUCCESSFULLY STRIKE AT THIS TIME. BUT WE WILL REVISIT THIS INSTRUCTION AT OUR FINAL DISCUSSION OF INSTRUCTIONS.





854 posted on 07/30/2002 8:04:07 PM PDT by Karson
[ Post Reply | Private Reply | To 844 | View Replies]

To: the Deejay
Not to mention that darn book goff wrote that Feldman hit him on the noggin with. LOL!!
"Oh yea, that book I wrote about being to tell the time of death.... I was just kidding...."
855 posted on 07/30/2002 8:04:54 PM PDT by gigi
[ Post Reply | Private Reply | To 851 | View Replies]

To: Southflanknorthpawsis
"Maybe he IS the sacrificial lamb after all."


If rumors are true, about Dusek & the DA, I think you're right. It's the DA's way of firing Dusek.

856 posted on 07/30/2002 8:05:10 PM PDT by the Deejay
[ Post Reply | Private Reply | To 853 | View Replies]

To: the Deejay
Of course, I'll have to mute the commentators.

LOL....I feel so lucky that I get it on local television. I watched about 10 minutes of CTV one day and that was enough for me.

857 posted on 07/30/2002 8:05:10 PM PDT by Southflanknorthpawsis
[ Post Reply | Private Reply | To 852 | View Replies]

To: Southflanknorthpawsis
As soon as Dusek got the report from Faulkner, his witness, he should have dropped the case against DW and gone after the real killer. IMO!
858 posted on 07/30/2002 8:06:11 PM PDT by Jrabbit
[ Post Reply | Private Reply | To 853 | View Replies]

To: Karson
I meant to say judge, lawyers and defendant.
859 posted on 07/30/2002 8:06:50 PM PDT by Karson
[ Post Reply | Private Reply | To 854 | View Replies]

To: the Deejay
It's the DA's way of firing Dusek

What a way to go !!!

There might be a better calling for him though. I'm sure he could work where they do sleep studies. He could help lull insomniacs into a restful sleep.

860 posted on 07/30/2002 8:07:46 PM PDT by Southflanknorthpawsis
[ Post Reply | Private Reply | To 856 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 821-840841-860861-880 ... 1,021-1,023 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson