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Judge Mudd Says Sequestering Of Jury Possible: Van Dam case has jurors facing more Mad-Dawgging!!
Union Trib ^ | July 30, 3002 | Alex Roth

Posted on 07/30/2002 7:13:26 AM PDT by FresnoDA

Judge says sequestering of jury possible

By Alex Roth
UNION-TRIBUNE STAFF WRITER

July 30, 2002

Judge William D. Mudd chastises the media and threatens to cut off video and still-photo coverage David Westerfield's murder trial Thursday, July 25, 2002, in San Diego. Mudd said the problem was due to a security breech when an unnamed person followed some jurors to their vehicles and wrote down license numbers. Westerfield is accused of the kidnapping and murder of seven-year old Danielle van Dam. (AP Photo/Dan Trevan,POOL)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.


TOPICS: Local News
KEYWORDS: 180frank; danielle; kidnapping; molestation; threadjackals; vandam; westerfield
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To: hoosiermama
I don't think it will matter, sounds like he's going to strike the entire testimony of whoever it was.
941 posted on 07/30/2002 9:28:08 PM PDT by John Jamieson
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To: Karson
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.
942 posted on 07/30/2002 9:28:53 PM PDT by Jrabbit
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To: 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!
943 posted on 07/30/2002 9:29:34 PM PDT by hoosiermama
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To: hoosiermama
Remember how many times Feldman asked Brenda if Bill Libby ever spent the night?
944 posted on 07/30/2002 9:29:50 PM PDT by John Jamieson
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To: hoosiermama
That would be so neat.
945 posted on 07/30/2002 9:31:04 PM PDT by John Jamieson
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To: Jrabbit
Sounds good to me! Bugz
946 posted on 07/30/2002 9:31:45 PM PDT by hoosiermama
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To: Jrabbit
Whoever it is, Mudd already knows they're lying. I wonder if they were called on the carpet and admitted it offcamera?
947 posted on 07/30/2002 9:33:32 PM PDT by John Jamieson
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To: John Jamieson
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!
948 posted on 07/30/2002 9:33:40 PM PDT by hoosiermama
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To: hoosiermama
LOL! Where is bs? I was going to use my new name tonite. Rats! or should I say dad nab it?!
949 posted on 07/30/2002 9:35:23 PM PDT by Jrabbit
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To: 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!
950 posted on 07/30/2002 9:37:59 PM PDT by hoosiermama
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To: Jrabbit
Must have had air ran to run.
951 posted on 07/30/2002 9:39:24 PM PDT by hoosiermama
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To: hoosiermama
What if its a cop??? Feldman kept calling one of them back.
952 posted on 07/30/2002 9:40:27 PM PDT by John Jamieson
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To: hoosiermama
What is the meaning of a shield?
953 posted on 07/30/2002 9:41:57 PM PDT by calawah98
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To: John Jamieson
OOOooooo that would be juicy! WHich one?

Can't wait to hear the D fiber person!!!!
954 posted on 07/30/2002 9:41:58 PM PDT by hoosiermama
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To: hoosiermama
How about the one that found all that BLOOD and DNA?
955 posted on 07/30/2002 9:43:48 PM PDT by John Jamieson
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To: calawah98
It has to do with protection for journalists. The Shield Law. I think this is correct.
956 posted on 07/30/2002 9:44:06 PM PDT by Karson
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To: John Jamieson
Good choice! LOL
957 posted on 07/30/2002 9:44:23 PM PDT by hoosiermama
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To: hoosiermama
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.

958 posted on 07/30/2002 9:45:22 PM PDT by Southflanknorthpawsis
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To: Karson
Must be, because Feldman mentioned it in connection with River and the reporter that laid the ground work for the tapes.
959 posted on 07/30/2002 9:45:33 PM PDT by calawah98
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To: hoosiermama
Didn't someone say the penalty for falsifing evidence in a death penalty case was death?
960 posted on 07/30/2002 9:47:15 PM PDT by John Jamieson
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