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.

[Southflanknorthpawsis]

You guys are making me crazy. I'm racking my brain too and I'm not sure why. LOL !!!

I wish I knew more about it and which side.

[hoosiermama]

May be? Particularly if his felony had to do with distribution of a controlled susbstance!

[Karson]

Does anyone remember when the dog handler was on the stand and was asked if he had ever testified in court as an expert witness before. He hesitated and started to say something about in his previous business but was stopped and the question asked again stressing EXPERT WITNESS. He then said no, had never testified before as an expert witness. Wonder if he has been in trouble before of some type to do with his previous business?

[gigi]

Maybe it is the tow truck driver?

[mommya]

3 strikes. We always heard one of the pizza guys had lawyered up - could have something to do with it.

What about one of DW's friends - Dave Laspisa, Garry, Jeff? Garry and Jeff's place got a good searchin. Just throwing folks out there - it has me puzzled too.

[mouser]

I would think procution
if it was a defence fieldman would want it out now
to give the jury more time to forget as other information
is discussed but he wants it helt to the end of the trial

like a o by the way this one lied also

[hoosiermama]

Does the sight you posted earlier make it possible to locate convicted felons?

[the Deejay]

"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?"

Oh...yeah.......BIG TIME.

[Karson]

The transcript I posted to you a few posts back is all I know.

gigi: Thanks, I'll look there.

[mommya]

Nice catch Karson - I remember that too.

[the Deejay]

TT Driver is Jameison guess, too.

[mommya]

What about River? Anybody know anything about her?

[Southflanknorthpawsis]

Maybe it is the tow truck driver?

Stereotypically, he would be a good candidate.

[mommya]

I don't think so - not directly. I found a pay search site -$65 for each search.

[the Deejay]

I do believe all of DW's friends corroborated each other.

[gigi]

I can't believe dusek put her on. Feldman made her look like an idiot, not that that would be too hard.

[hoosiermama]

ANy links to CA COurt records?

[mommya]

No argument there - still one could be a felon.

[the Deejay]

I think she lied about the bathroom thing with LePage. Remember.....River works for RR's show. She was a bit too giddy on the stand & I think she fudged a bit to get in on the action. In the end, she had nothing damaging to add to the pros case.

I also think the person that took the photo of Neal W. works for RR. Just his style.

[hoosiermama]

still one (OR ALL) could be a felon.