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.
Nah, ah... ah.... NOT ME..... I never have said anything stupid for no apparent reason. Ahh..... I... Ah...
Had to put this in the golden comments. Great statement.
em·pir·i·cal Pronunciation Key (m-pîr-kl) adj. Relying on or derived from observation or experiment: empirical results that supported the hypothesis. Verifiable or provable by means of observation or experiment: empirical laws. Guided by practical experience and not theory, especially in medicine.
I had to look that up. I respectfully disagree.
It appeared as tho Feldman was calling him to the stand or Dusek referenced him doing so but it never happened.
Minion, try to read the article, ok? If you read it, you'll note that first of all they used very small samples. Secondly, the scent remained even after the articles had been removed. Thirdly, the motorhome was probably closed during the trip. This is a luxury motorhome, not a beat up 1957 land yacht with no heat or air conditioning. Fourthly, blood decays just like any other material. There was also hair. Both of these substances were used in the tests. In Dusek's (ludicrous) theory, the child had been in there a mere 72 hours prior at the earliest. If she had been in that motor home, the dogs would have alerted their handlers.
How do you suppose they manage to use dogs to track people in the out of doors, Minion? Sometimes these dogs can track people days and even weeks later. How much air circulates in the great out of doors, Minion? Your arguments lack the substance of logic. Think about it.
Thank you kind lady! I was just killing time & thought I'd do some research and try reading into the juror's minds, with the requests so far. It appears they are concentrating on Feldman's pleadings. (Well, it reads that way to me.)
Sometimes people admit they know very little about this case, other than what CTV or a 12 minute blurb on the news tells them. Sometimes they want to give their opinion, (and have the right to) even though they are totally uninformed.
Sometimes you can tell from their WORDS they are uninformed.
MY UNDERSTANDING is one of the biggest KEYWORDS in use, meaning I DON'T KNOW A DARN THING ABOUT THIS except for something I read or heard somewhere in the media that TOLD ME HE WAS GUILTY. (obey, obey, obey, now sleep, sleep, good little sheeple)
He is a very intelligent and smart lawyer who is widely known and respected throughout the legal community.
So what. He said what he said, and I know what I know. He has called for a man's death. He demonstrated his COMPLETE IGNORANCE OF THE CASE IN HIS POST.
There is considerably more solid evidence that he is a lynchmob @sshole than there is that Westerfield is a murderer.
The fact that he is a well-connected crook lawyer has nothing to do with his arrogant assignment of an innocent man to death row.
I RECOMMEND THAT NOBODY CLICK A LINK HE POSTS. The jerk just wants 0.1 cents from a banner ad impression, and publicity for his show.
I'll certainly make it a point to remind him of his remarks when the hysteria dies down and the facts of this case finally penetrate the wall of hysteria and disinformation created by the media.
A contradiction in probability of argument. If cannot do #1, cannot do #2.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.