Van Dam Jury Update, Monday August 12th: Westerfield's Fate Lies In Mudd Instructions?

Court TV ^ | August 12, 2002 | Court TV

[FresnoDA]

Jury's time Jurors will resume deliberations Monday in the capital case of David Westerfield, who is accused of killing 7-year-old Danielle van Dam

DAY TWO: FRIDAY, AUG. 9, 2002
12 noon ET	Jury enters jury room.
2:30 p.m. ET	Jury goes home for the weekend.

DAY ONE: THURSDAY, AUG. 8, 2002
1:10 p.m. ET	Jury begins deliberating. After two months of testimony, the capital murder trial of David Westerfield is in the hands of the jurors, who began their deliberations following more than two days of closing arguments.
2:50 p.m.	Jury sends a note to the judge.
3:00 p.m.	Jury at lunch.
4:30 p.m.	Judge calls the lawyers but not the public or the press into the courtroom.
5:15 p.m.	Judge says jurors sent note asking to deliberate five days a week instead of having Friday off and he approved their request.
7:00 p.m.	Jury goes home for the day. Will return Friday morning.

[John Jamieson]

What a concept!

[Lauratealeaf]

I hardly find that suspicious. He was just answering the question as it was asked. Talk about twisting things to fit!!! Dusek is pretty twisted!

Good one Gigi! Thanks for posting that statement in its context. It seems that Dusek will do anything to convict! I join the Hate him club!

[small_l_libertarian]

What, you don't believe in Stealth Ninja Dave? Jaded's gonna be mad.

Off to lunch, all. Guess the jury's probably just getting started for the day. They're gonna have to work fast today so I can win the verdict pool. See you guys in about an hour.

[gigi]

The part of Feldmans closing in regards to the anime...

17 BY THE WAY, WE KNOW THAT WHEN YOU REVIEW, IT'S 147

18 IS THE DEFENSE EXHIBIT, ANIME' DOT COM AND VIDEO WAS VIEWED 19 ABOUT EVERY TWO WEEKS. HMM, ABOUT EVERY TWO WEEKS IS WHEN NEAL 20 WOULD VISIT HIS DAD. THAT'S THE EVIDENCE.

21 SO THE BOTTOM LINE ON MR. WATKINS IS, WITH REGARD

22 TO THE PORN, WE CAN'T TELL WHEN IT WAS LAST ACCESSED.

[Krodg]

Do you think there will be some who actually believe that wild theory?

[mommya]

Hi Miz - I know you picked Wed. - I want that too - I'll narrow mine down to within first two hrs. after the jury arrives - they'll take one last informal poll between them - then fill out the papers and send them to the judge.

[John Jamieson]

I've been thinking about what a weird and wonderful at the same time, our legal system is:

The judge has TOTAL responsibility of determining the appropriate law.

The Jury has TOTAL responsibility for determing the facts.

The Prosecution has TOTAL responsibility for proving the claims.

The Defense has TOTAL responsibility to produce reasonable doubt.

The general public has NO responsibility and often acts that way.

It's kinda neat.

[John Jamieson]

I missed it, You got it! Sorry.

[gigi]

By the time I read your post and got to the TV I missed Law and Order. ARRRRGH!! Oh well I still can't believe they would air that right now. You would think that,

oh, nevermind! LOL!

[gigi]

No problem. It was one thing that stuck in my mind because I didn't put that together during the testimony, it slipped by me.

CTV with all the commercials and internet feed coming in and out, its easy to miss alot.

[mommya]

I know - I thought it was bizarre - even though the judge didn't do or say anything that would particularly influence the jury - if they happened to see it - it's just strange that that episode aired now. One tiny thing that I did get out of seeing Judge Mudd on the show last night - was his reaction - or should I say lack of reaction - to the innocent verdict being read. He didn't act dissapointed or happy or anything - just thanked the jury and released them.

[gigi]

I hope someone on the jury picks up on this. It would go a long way to Dusek's credibility and lack of it!

[gigi]

I hope I catch the re-run one day. I have a good chance since Law and Order is always on some channel all the time. :0)

[mommya]

Sorry if I was unclear before - but this is not actually "Law and Order" - it is that spin off type show by the same people who make "Law and Order." It is made a lot like it - with those same scene transitions and such - but the cases are real - it is not actors. I think it is called "Crime and Punishment" - It's pretty cool. It is on Sun. at 9pm central time.

[John Jamieson]

One thing seems upside down in this case. You would expect highly emotional arguements to come from the defense "My boy couldn't have done it, he's a good boy". Instead all the really emotional arguments are coming from the prosecution, "the poor girl's head being beat against the head board". The logical reasoning is coming from the defense. Could this mean the evidence is very weak?

[NatureGirl]

if he told me to get off the fence and join the mob, I'd tell him to bite me

My sentiments exactly. Wouldn't have mattered which side it came from, though. If Feldman had directed that comment at someone who thought DW was guilty, I'd still feel the same way.

Isn't it something? On one side, we have Dusek (who we can consider to be somewhat conservative, because he's fighting for the law and what's supposed to be right) saying things like, "If everyone else thinks one thing, and you think another, maybe YOU'RE wrong".

Then Feldman (who is doing work for NORML, and could probably be described as a lefty) stresses to the jury their responsibility as individuals, and how important their opinion of the evidence is - and points out things from the Constitution.

Black is white, up is down.

[John Jamieson]

I was JUST thinking the same thing. Many conservatives here, myself included are rooting for the libral defense attorney. Just shows how objective we are, I guess.

[It's me]

I'm going for Tuesday... Any time Tuesday.

[gigi]

Thanks, I'll try and watch it sometime.

[Jaded]

How dis?

I- HATE - DUSEK-I - HATE-DUSEK- I -HATE -DUSEK