The judge in the David Westerfield trial rejected another defense request to sequester the jury but said he still considers it "a possible option." Posted on 07/30/2002 7:13:26 AM PDT by FresnoDA
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.
I'll bet Pfingst is watching the tube and consuming large quantities of alcohol right about now.
"Note to self: update and spell-check C.V. in the am."
Q: BEFORE THIS CASE YOU'VE NEVER TESTIFIED IN COURT, HAVE YOU?
A: NOT BEFORE THE MOTION HEARING.
Q: YOU'VE NEVER QUALIFIED AS AN EXPERT WITNESS, HAVE YOU?
A: I HAVE NOT TESTIFIED AS -- IN A CRIMINAL TRIAL.
Q: YOU'VE NEVER QUALIFIED AS AN EXPERT, HAVE YOU?
A: NOT THAT I RECALL.
Q: YOU DON'T REMEMBER WHETHER YOU HAVE OR NOT?
A: WELL, IN MY PREVIOUS BUSINESS I WAS -- I HAVE TESTIFIED IN COURT. I BELIEVE I WAS TESTIFYING AS AN EXPERT WITNESS. BUT I DON'T THINK THAT'S WHAT YOU'RE ASKING ME ABOUT.
Q: NO. I'M ASKING ABOUT DOGS.
A: I'VE NOT TESTIFIED AS AN EXPERT WITNESS REGARDING DOGS.
Oh great.......we have to come up with two names????
Do you REALLY want to know?
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