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.

[hoosiermama]

DOES THIS SHED ANY LIGHT???????



FROM BARBARA WARTELLE WALL: LEGAL WATCH
CALIFORNIA SHIELD LAW TO PROVIDE MORE PROTECTION FOR JOURNALISTS

After a series of court rulings holding journalists in contempt for refusing to disclose confidential sources, the California Legislature has amended the state's shield law. (AB 1860, Sept. 12, 2000.) Effective January 1, 2001, the new law will provide journalists in that state with greater protection from contempt citations.

California enacted a shield law in 1935 and, in 1980, incorporated it into the state constitution. The shield law protects a journalist from being held in contempt of court for refusing to disclose either unpublished information or the source of any information that was gathered for news purposes, whether the source is confidential or not. An exception can arise where a criminal defendant's federal constitutional right to a fair trial would be violated without a reporter's testimony.

Notwithstanding the shield law, several courts in the past year have held journalists in contempt for refusing to disclose information. For example, one editor spent five days in jail after he refused to reveal his source. The case eventually was dropped, but not before the editor had spent more than $70,000 on the legal battle.

Similarly, a reporter was fined $1,000 per day when he refused to answer a prosecutor's questions about the circumstances surrounding an interview with a criminal defendant. The reporter had testified that quotations in an article he had written accurately reflected the defendant's words to him.

[hoosiermama]

I believe that is correct.

[hoosiermama]

But only if the person is executed......????

[Karson]

Yes, I remember the reporter who laid the groundwork for the tapes had the TV station attorney there. Guylin Cummins

Objected a couple of times during his testimony. Reporter's name was Mark something, IIRC

[Karson]

You are correct. I had forgotten about that.

[alexandria]

I think this is Keith Stone what do you think?

http://158.61.133.2/criminal/criminalcasereport.asp?defendantcount=1&courtcode=A&casenumber=259123&defnbr=214452&defseq=1&otnmseq=0&defendantcount=1&dsn=RYAN&casedefendants=ON&statussummary=ON&charges=ON&probation=ON&actions=ON&Submit=Format+the+Report

[calawah98]

Thank you, I did not have a clue to what it meant.

[hoosiermama]

I just got log on information. WHat did you find?

[hoosiermama]

You are welcome. FOund it in a google search.

[Jrabbit]

Tiny Drip couldn't use the shield law because she blabbed about her encounter with LePage on the air. She wanted to consult with Cummins and judge said nada.

[nycgal]

I believe it's true if the defendant was found guilty and executed. Then the person who falsified the evidence can also get the death penalty.

[calawah98]

Yes the defense said River asked for Guylin Cummins.

[hoosiermama]

WUZZ her testimony refuted? or just Felmanized?

[hoosiermama]

What about the "GAG" order? Discussing testimony with a witness should have gotten her into big trouble...or am I OFW?

[John Jamieson]

Mudd also said that no one had been given immunity, almost in the same breath. Would that be the drug dealer?

[Jrabbit]

Her testimony was shredded like a carrot in cole slaw. Feldman hopped all over her!

[Karson]

Sure does sound like it could be him, IMO. hmmmm

[hoosiermama]

Either him or any of the Six pack?

[Jrabbit]

What did Mudd mean by "pure character evidence" if you know.

[hoosiermama]

FOr some reason the link doesn't work for me. SHare what you've found (privatly if you want)