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.

[Karson]

Yeah, I really do. Don't you?

[Southflanknorthpawsis]

Hmmmmm

[hoosiermama]

That's why I asked why? Nothing she testified to seems to be that important or am I missing something?????

[gigi]

I don't think it was her because she had a receipt from dinner establishing time and others testified that BVD danced with DW. Maybe it's wishful thinking on the forum.

[John Jamieson]

Who are talking about?

[gigi]

Oh! I haven't heard that before. It wouldn't surprise me.

[hoosiermama]

Those two items are the most important and they have been collaborated.

[Karson]

Patricia LePage testified that BvD and DW did "dirty dancing" that night. She also testified that she had not taken any pain medication before going to court that morning.


River, from RR show, testified she saw Ms LePage in the ladies room during break talking about needing to take more medicine.

[Karson]

Do you have any guesses that you could share with us, as to who it is?

[hoosiermama]

But the pain medicine has no relavance to this case? SHe could have said oops I forgot my undies, as she pulled them up, and it wouldn't matter to this case!

[clearvision]

Are you implying that there might be testimony (like about levelors, curtains, and best highways to use) that is not important to this case? Why would one waste time with testimony that was not important? :)

[mommya]

Sorry south - I'm outta the loop too - just read it in the above posted transcript.

[hoosiermama]

WHy would one call a third bug guy who ends up agreeing with the first in corss exam? That's a waste of time and the tax payers money.

[Karson]

Apparently the prosecution thought it important to impeach Ms LePage's testimony since they put River whateverherlastnameis on the stand just for the sole purpose of asking her about an alleged conversation she had with her in the ladies room during break.

Wow, what a run on sentence!

[hoosiermama]

But was her testimony actually impeached? Or just left open to interpretation on the drug use. The two main areas were collaborated by other witnesses.

Wasn't Brenda's testimony impeached?

[mommya]

"I think the judge was saying that he was ready to strike the testimony of a proven lier, but which one? "

I think the proven liar is Damon - he was the one who admitted he lied to the police early on - or does it have to be a lie committed in the court(room). Frazee then, maybe - didn't he admit that his prelim. testimony was different? I'm so confused. Patricia LePage maybe - if they believe River.

[Karson]

Actually I don't believe she was impeached because River admitted she never SAW Ms. LePage take any medicine. Just that she said she needed to take some more.

But it could have been Tylenol or Bayer Aspirin, if anything at all. Doesn't mean she took the prescription pain medication that she sometimes has to take.

[hoosiermama]

La Page's medicine use is NOT relavant to this case. I see no reason since what she said could have been interpreted numerous ways for her testamony to be impeached.

Remember the day the Bren got all hussy? Three witness testified that she HAD danced with DW. That impeached her testimony that she had not. I fully suspect since she also changed that story several times It is the Bren.

[John Jamieson]

I was saying that it was probably NOT a trivial lie.

[hoosiermama]

Agree, but also wonder if it weren't several lies???? Not just one?