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.

[John Jamieson]

I don't think it will matter, sounds like he's going to strike the entire testimony of whoever it was.

[Jrabbit]

Here is what I think, which isn't worth much. Feldman has his own fiber expert and Dusek knows it. Feldman entered the pics of orange clad people knowing Dusek would bring back Susan to refute fiber match. Now, Feldman can answer on sur rebuttal. And maybe he has evidence of BVD wearing orange sweater at Dad's and Dusek knows this too. So, he tries to impeach LePage. Probably wishful thinking on my part. But I do think those orange fibers came from an orange, fuzzy sweater.

[hoosiermama]

You know, John, it just occurred to me that maybe we didn't see Barb and some of the other witnesses, because they waiting for "the next trial" after DW acquittal......HHHhhhmmmm. Naw to far out!

[John Jamieson]

Remember how many times Feldman asked Brenda if Bill Libby ever spent the night?

[John Jamieson]

That would be so neat.

[hoosiermama]

Sounds good to me! Bugz

[John Jamieson]

Whoever it is, Mudd already knows they're lying. I wonder if they were called on the carpet and admitted it offcamera?

[hoosiermama]

My thought on Libby spending the night. He got up and wnet home at 4:00 AM so he didn't actually spend the entire night there.......It's and IS thing!

[Jrabbit]

LOL! Where is bs? I was going to use my new name tonite. Rats! or should I say dad nab it?!

[hoosiermama]

I tell you it's the Bren. The LE used her testimony to get the warrents. Not factual...You don't think the LE are going down for it. They'll use BVD as their scapegoat.

Someone listed once all the things she had testified to or were in other documents that contradicted either her own or someone elses' testimony. WIsh I'd kept that post. Poor BVD!

[hoosiermama]

Must have had air ran to run.

[John Jamieson]

What if its a cop??? Feldman kept calling one of them back.

[calawah98]

What is the meaning of a shield?

[hoosiermama]

OOOooooo that would be juicy! WHich one?

Can't wait to hear the D fiber person!!!!

[John Jamieson]

How about the one that found all that BLOOD and DNA?

[Karson]

It has to do with protection for journalists. The Shield Law. I think this is correct.

[hoosiermama]

Good choice! LOL

[Southflanknorthpawsis]

This is out of left field, but I will forever wonder why Feldman asked about the poison oak several times, if he never ties it in.

He HAD to have reason to mention it and the reactions from it concerning at least two people.

[calawah98]

Must be, because Feldman mentioned it in connection with River and the reporter that laid the ground work for the tapes.

[John Jamieson]

Didn't someone say the penalty for falsifing evidence in a death penalty case was death?