Posted on 08/13/2002 10:12:33 PM PDT by FresnoDA
SIGNONSANDIEGO STAFF
and WIRE SERVICES
August 13, 2002
The fourth day of deliberations in the David Westerfield trial has ended with no conclusion by the jury. The jury will resume deliberations Wednesday morning at the San Diego County Courthouse. Earleir today, jurors asked to hear Westerfield's only recorded explanation of what he was doing the weekend 7-year-old Danielle van Dam was kidnapped.
Superior Court Judge William Mudd said he was granting a request from the jury for a tape recording and transcript of the taped interview Westerfield gave to police interrogation specialist Paul Redden on Feb. 4, two days after Danielle's disappearance.
During the interview, Westerfield makes a reference to "we" as he describes his meandering trip through San Diego and Imperial counties on Feb. 2 and Feb. 3.
"The little place we, we were at was just a little small turnoff-type place," Westerfield said.
Westerfield, 50, could face the death penalty if convicted of murder, kidnapping and a special circumstance allegation that the killing of Danielle van Dam occurred during the commission of kidnapping.
He is also accused of the misdemeanor possession of child pornography.
Jurors are in their fourth day of deliberations.
Mudd's disclosure came during a 10 a.m. open hearing on a request from KFMB-AM 760 to let River Stillwood, an assistant radio producer for talk show host Rick Roberts, back into the courtroom to cover the trial.
"She's out and will remain out and will not be permitted in for any live proceedings... because she is the representative of an individual who takes great glee and delight shoving it in this court's face," Mudd said.
Mudd ejected Stillwood from the courtroom on Thursday after asking her to tell him who told Roberts about the details of a Wednesday exchange between Mudd and the attorneys in the case during a sealed hearing.
Stillwood told Mudd that she didn't know who gave Roberts the information. On the air, Roberts later said he had received a call from a source in the courthouse.
The court is conducting an internal investigation, but cannot compel Roberts and Stillwood to name their source, Mudd said.
Stillwood can still sit in the pressroom and watch the video feed of any court activity, Mudd said.
KFMB was welcome to send someone else to sit in the courtroom, so long as the person was representing the radio station and not Roberts, he said.
KFMB's attorney Joann Rezzo argued that the disclosure did not violate the defendant's right to a fair trial. She also argued that Stillwood didn't give him "the source of the leak" because she didn't know who it was.
Before Mudd made his ruling, he invited comments from prosecutor Jeff Dusek, who managed only a wry remark.
"My inclination is to comment, but on advice of counsel, I I will submit," Dusek said, gesturing to his fellow prosecutor, Woody Clarke.
Defense attorney Robert Boyce told Mudd he was concerned about the integrity of proceedings. "They broadcast it, they knew what they were doing," Boyce said.
He called it "just another effort to sensationalize these proceedings."
Mudd told the media attorneys he welcomed the opportunity to make a "full and complete record" of his decision to eject Stillwood.
In his comments, Mudd made it clear he was still angry with KFMB television's decision to include a high school yearbook photo of Neal Westerfield during a telecast of the son of the defendant's testimony. Mudd had ordered that no television or print images of the adult, who is now 19, be transmitted.
The judge's inclination was to ban both the station's radio and TV representatives from the trial.
"Frankly, they seem to be the two networks in this community that just don't seem to get it," he said.
However, after his wife advised him to "sleep in it, " he gave the matter "serious thought," Mudd said.
He quoted a line from a Supreme Court decision in 1976 involving a press restraint issue in Nebraska.
" The extraordinary protections afforded by the First Amendment carry with them something in the nature of a fiduciary duty to exercise the protected rights responsibly--a duty widely acknowledged but not always observed by editors and publishers," Mudd said. "It is not asking too much to suggest that those who exercise First Amendment rights in newspapers or broadcasting enterprises direct some effort to protect the rights of an accused to a fair trial by unbiased jurors. "
Mudd said he was troubled by the host's decision to broadcast the information, knowing it was from a closed hearing.
The judge wasn't impressed by the host's justification that the general public was already aware of the issue, and that Stillwood was ignorant of the source.
He said the host wasn't conducting a search for the truth, but a grab for ratings. He also took the opportunity to lash out at "idiots from LA talk stations," who broadcast an afternoon program from a media compound outside the County courthouse. He said the members of the talk station were "acting like teen-agers" in front of the courthouse.
The judge acknowledged he could not control such behavior but could control his own courtroom.
The judge said officials from KFMB must be taking "great glee in shoving it in this court's face."
Fred D'Ambrosi, news director for KFMB-TV and Radio, said his television station showed only a high school yearbook photo of Westerfield's son.
"We didn't shoot him in court, which was the judge's order," D'Ambrosi said.
Regarding River Stillwood, D'Ambrosi said the issue was important because of the First Amendment and a free press. He added that he was not in charge of the Rick Roberts program.
"We're just trying to report the news and uphold the First Amendment," D'Ambrosi said. "If (Mudd) can ban River Stillwood, he can ban anybody." The news director suggested that the judge was angry because he didn't like the story that was reported.
D'Ambrosi said he had never spoken to Mudd, and called his reading of the situation "totally inaccurate."
Mudd said he had done a 180-degree turnaround on the issue of allowing cameras and reporters in the courtroom since deciding to allow Court TV to cover the trial live.
I would seem that way, but no. Blood pressure drops to zero upon death, so no bleeding. (Except in the case of post-mortem wounds made underneath the body, in which case there may be some blood leaking out due to gravity.)
So the odds are good that Billybob is a real congress-critter ?
You keep demonstrating your complete lack of knowledge concerning the facts in this case.
Where is the evidence of rape? Did I miss that testimony and/or evidence? Are juries now allowed to make their own facts?
It might be best for you to avoid such a forceful attitude, since we now all know that you haven't watched the trial.
Just a suggestion before you make more of a fo...........well never mind.
John,
I have followed this trial very closely. There was no testimony that her hair was in his bed. The partial thumbprint was actually on a cabinet; an upper one, if I recall correctly. The handling of the 'blood' on the jacket was poor, at best. No photo taken before it was cut out and apparently the entire alleged 1-3/16" spot was destroyed in testing and whether it was actually blood or not does not seem to be firmly established.
As for the 1/4" alleged blood spot on the MH carpet; once again, no photograph taken prior to cutting it out of the carpet, and the entire sample was destroyed in testing. Seems to be a bit of a problem with chain of control.
The work by the SDPD and the prosecutor appears to have been very sloppy. DW may have done it; but there is much that could lead a reasonable person to conclude that there is reasonable doubt. If DW did it, I don't think the evidence in this trial proves it. Even if convicted, I think he will get a new trial on appeal. If aquitted; it will be because of the bugs.
As for the porn; the prosecution's witnesses attempted to portray it all as being downloaded by DW when much of it was downloaded by his son. In this area, both the prosecution and defense lied.
Don
P.S. I always enjoy reading your columns on your web site and your comments on FR.
I agree.
How convenient it is, to see people who have never contributed to these threads for the last 6 months, suddenly come on board when they smell a guilty verdict.
It's safe and easy to go with the popular opinion, isn't it?!
sw
Yep.........very disheartening.
There's a perfect example of it right here. Someone jumps in wishing harsh punishment for a man whose trial he has little knowledge about.
The news media says he's guilty..........hmmmmmmmm.......must be so. I expected better from otherwise sensible people.
Are they of pre-pubescent girls or girls over 18 who are posed to look under 18?
I am sure this has been discussed but figured you could provide me an answer.
Has Nancy Grace stated for the record that they are actual photos of prepubescent girls?
Probably brought some hamburger to toss at Layla to keep her busy, while he grabbed the kid. Course, I was thinking that he actually "gassed everyone asleep" in the whole house, while he wiped his prints off of everything and kidnapped the child"..Then where did he hide his gas-mask? Doesn't matter, let's say "he just did". Works for the Prosecution.
sw
Ah yes and politicians want to be on the side of law and order...Amazing we didn't hear about the lie detector tests, you know the ones politicians don't want to take..oh and steam cleaning, bleach making the dogs puke and "matching" fibers...
You mean these?
Nancy Grace led the campaign to convict him the DAY he was arrested.
These "usually sensible" people on this forum who are taking us on.. should be asking themselves WHY so many of the rest of the "usually sensible" people are questioning DW's guilt?
sw
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