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.

[sunshine state]

I have another word for your glossary, if you're interested:
"Transcript fatigue".

[shezza]

Rusty Hoar was the chap in the short-sleeved orange shirt. Got his shirt and a backpack (red and black), orange webbing and rope, and a beige hat for further testing.

[Jaded]

CTV is so very accurate. I'm impressed. /so

[Freedom2specul8]

Well, it appears the prosecution identified and contacted the people in photos...probably to rule out their own fibers by obtaining the shirts they were wearing.

[VRWC_minion]

All residents in " " are asked to evacuate because of fire.

[UCANSEE2]

Transcript fatigue. Send me the definition.

THanks...

[Freedom2specul8]

I love that one!! For a lot of reasons..I second that nomination.

[VRWC_minion]

He obtained the orange hat from ? and a long sleeved shirt.

[shezza]

Ya know, a LOT of search-and-rescue materials and emergency items (ropes, vests, dog vests, jacket linings, hats, blankets) are blaze orange in color. Interesting that the description of the orange fibers found were that they were "a very unusual color."

[cyncooper]

The fiber witness tested an afghan with orange fibers but didn't find similarities.

This shows Feldman tried to deceive the jury (again) by implying the source of the orange fibers came from this apparel when he could have had that type of clothing tested to "prove" it. He didn't because he knew darn well those clothes weren't the source.

[VRWC_minion]

Own comment=There goes the cross contamination argument.

[shezza]

180 Frank also submitted his orange hat he was wearing.

[shezza]

No further cross.

[shezza]

Tanya Dulaney. She would be the one to have examined all these newly collected orange items.

[Freedom2specul8]

No questions from feldman. I wonder who convinced him to use this orange fiber defense?

[Freedom2specul8]

Surely he didn't "underestimate" the A team..

[FresnoDA]

Those VAN DAMNED Fibers.....

[shezza]

July 24: asked to examine and analyze samples under microscope. Orange items, including dog vest, 2 long-sleeved shirts, 1 short-sleeved shirt, orange rope, webbing, backpack.

[VRWC_minion]

Tanya Delaney is identifying stuff tested.

[clearvision]

Based on the orange fiber being tangled in Danielle's necklace I doubt the orange fiber could have come from LE. Not sure why the defense went this way with the orange. Maybe they ruled out the 3 Dad's women wearing an orange/red sweater.