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.

[the Deejay]

"Oh yea, that book I wrote about being to tell the time of death.... I was just kidding...."

Yeah, that is pretty funny! How could Goff be so dumb?!

[Southflanknorthpawsis]

You make a good point. He had to see he was in trouble right then and there.

[gigi]

You are lucky, I have to rely on CTV and internet feed for the trial.

My son today asked me "When is that Westerfield Trial gonna be over? I'd like to get on the computer!" He has such a tuff life.

[hoosiermama]

Years ago he may have gotten away with it. But since Gore invented the internet now all those little known books are at our finger tips.

[the Deejay]

I just loved the way Feldman held up that book, right off the bat & questioned Goff about it.

[demsux]

Well having a felony conviction makes it harder to get a job of trust

Rich Brady is self employed, per his testimony.

[the Deejay]

OOOOOO! Gore gets credit for helping to dog an expert witness! Too funny!

[gigi]

I don't know, maybe goff wanted to get in on a high profile case. I bet he's rethinking that today.

[the Deejay]

Dusek sure needs to get out of the lawyering business....That's for certain.

[Karson]

Rich Brady, Keith Stone and some others on both sides are self employed. It's making me crazy trying to figure out who it is.

[the Deejay]

Goff didn't anticipate Feldman's questions and getting Feldmanized.

[Southflanknorthpawsis]

LOL....well I operate a daycare business in my home and VeggieTales, Barney, Winnie the Pooh, Sesame Street and the Wiggles have been put on ice for the present.

Thank goodness the weather is great and the crumb crunchers can play in the yard where I can see them and the trial at the same time.

Of course they think I've lost my mind, but what else is new?

[hoosiermama]

Does anyone else see the irony in the fact that the SDPD may in their early surveillance be in fact the ticket to setting DW free?

[mommya]

The way Dusek says "yes" and the fact that no immunity has been given makes me wonder if it's one of Feldman's witnesses? Dunno who that might be though? The lawyer RV guy?

[hoosiermama]

Lawyer with conviction would probably have lost his lincence

[Karson]

Anybody got a direct link to 180Franks's transcripts? The dog handler. I've got a suspicion.

[mommya]

Rich also knew about alarm systems like the VD's had - dealt with them in his line of work - didn't he? I've been having a "Rich" vibe goin all day today.

[mommya]

Dunno much about lawyerin. Lost in all states?

[Karson]

If Rich was a convicted felon, wouldn't he be in big trouble for the drug testimony? Or not?

[gigi]

Signonsandiego has it, look under prosecution witnesses and there may be video of it.