Appeals court orders more warrant papers unsealed
By Alex Roth
UNION-TRIBUNE STAFF WRITER
August 10, 2002
Jurors in the David Westerfield murder trial went home before noon yesterday and will continue their deliberations Monday morning.
The panel of six men and six women began deliberating Thursday morning after hearing more than two days of closing arguments in the case. No reason was given for why the jurors left early yesterday, although the jury has previously used Fridays to take care of personal commitments such as medical appointments.
The jury spent the morning in the deliberation room without passing any notes to Superior Court Judge William Mudd. The day before, the panel sent the judge a note asking to deliberate five days a week rather than four. Mudd granted the request.
Westerfield, a 50-year-old design engineer, is accused of kidnapping and killing 7-year-old Danielle van Dam, who lived two doors from him in Sabre Springs. He also is charged with possessing child pornography.
Meanwhile, a San Diego-based appeals court has ruled that more search-warrant documents in the case must be unsealed. The ruling Thursday by the 4th District Court of Appeal clarifies a ruling the appellate court made in May.
The documents, including police affidavits, relate to searches of Westerfield's house, motor home, sport utility vehicle and computers in February. Those documents were sealed, but the Union-Tribune filed a lawsuit seeking access to them.
The appeals court ruled in May that some of the material must be released to the public and some should remain sealed. In its latest ruling, the appellate court ruled that Mudd interpreted the court's May opinion too narrowly and didn't release enough material.
It was unclear yesterday when the additional documents would be released or what they contain.