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Jurors To Hear Recorded Westerfield Tapes: Mudd Still Wrestling With Media! (VERDICT WATCH-Aug.14th)
Union Trib ^ | August 14, 2002 | San Diego Staff

Posted on 08/13/2002 10:12:33 PM PDT by FresnoDA

Jurors ask to hear recorded Westerfield interview

Judge Mudd lashes out at talk radio 'idiots,'
bars KFMB radio producer from courtroom

SIGNONSANDIEGO STAFF
and WIRE SERVICES

August 13, 2002A San Diego jury spent a brief second day deliberating August 9, 2002 in the trial of David Westerfield, man accused of kidnapping and murdering 7-year-old Danielle van Dam, before breaking for the weekend without reaching a verdict in the closely watched case. Judge William D. Mudd goes over the jury verdict form with jurors before sending them into deliberations in the trial at the San Diego courthouse on August 8.  (Dan Trevan/San Diego Herald Tribune via Reuters)

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.


TOPICS: Society
KEYWORDS: westerfield
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To: The Other Harry
I think you should make another day.

huh?

921 posted on 08/14/2002 9:20:17 PM PDT by UCANSEE2
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To: juzcuz
I did not include the next set of teeth called the baby cuspids, she would not have lost them until about 12 years. She was missing each one of those as well. (cuspids show in the photo, they normally are next to the lateral incisors) To be accurate, all together she was missing 4 teeth. Sperber, located one- her right baby cuspid. The other three teeth remained missing.

Are you having us on here?

I'm very gullible. I've never seen any of this information before. How did you come by this?

I think you're bs'ing us. Might be, anyhow.

922 posted on 08/14/2002 9:21:09 PM PDT by The Other Harry
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To: The Other Harry
I know Brenda has a lot of real estate.

Yeah, black slacks will do that to some women.

923 posted on 08/14/2002 9:21:55 PM PDT by dread78645
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To: domestice
Torture..but why on God's green earth would someone do that to a child???? Revenge? Settling a score of some type?? What I understood is that they were missing in her 'photo'. I do know that even with the LE trying to poof everyone with the missing teeth story, the ME said he found one of the laying at the back of her throat.
924 posted on 08/14/2002 9:22:44 PM PDT by UCANSEE2
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To: demsux
Dang!! I hate it when that happens!! But you talk to yourself to get that award. I don't have the occult calendar at my fingertips. Next time I'll try for something more appealing. K?
925 posted on 08/14/2002 9:24:05 PM PDT by Jaded
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To: The Other Harry
With regard to knocking-out of front teeth, I saw a reference to that being a "satanic" practice. Could be that this extends to incisors also. I'm guessing wildly.

IF they were not missing before she disappeared and were gone after, then this relates also to the idea that removal of the LEFT FOOT is part of "satanic practice".

FresnoDa has many articles and links for this info and one of the centers this is in that area of California. A coincidence!?!?!?!?!?!

926 posted on 08/14/2002 9:24:57 PM PDT by UCANSEE2
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To: UCANSEE2
And how has your day been?


927 posted on 08/14/2002 9:25:25 PM PDT by The Other Harry
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To: pinz-n-needlez
Teeth-

I don't have any idea yet who or why would do such a thing. But I thought about those teeth for a while. Sperber said no damage to the gum- no damage to the bone around the teeth. Now, if she were hit in the mouth on each side of her face, there would have been damage to the gum and bone around a dislodged tooth. I don't believe she lost them while being smothered to death (with something soft???). If you think about it, her face would have had to be smashed sideways to dislodge those teeth on the side, causing alot of other broken bones in her face.. Any thoughts?????
928 posted on 08/14/2002 9:25:55 PM PDT by juzcuz
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To: The Other Harry
You know why the buildings along the canals are so characteristically tall and narrow?

Very Interesting. Course, I could just go to Vancouver.

929 posted on 08/14/2002 9:26:31 PM PDT by UCANSEE2
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To: The Other Harry
I've never seen any of this information before. How did you come by this? I think you're bs'ing us. Might be, anyhow.

I think juzcuz is telling you the truth. Comes from testimony of ME at PH.

930 posted on 08/14/2002 9:27:53 PM PDT by UCANSEE2
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To: pinz-n-needlez
Just a thought, I think DNA can be gotten from teeth.
931 posted on 08/14/2002 9:27:59 PM PDT by domestice
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To: The Other Harry
Ahhh..thank you.
932 posted on 08/14/2002 9:29:32 PM PDT by Rheo
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To: KnutCase
You had to be there.
933 posted on 08/14/2002 9:30:11 PM PDT by dread78645
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To: Rheo
regarding the VD's partial income from Real Estate. I don't have the source. I was trusting the person's word I got the info from on an earlier post.

I do know that Brenda just paid off the mortgage on a house in FL.

I know that several of her and Damon's CLOSE FRIENDS are real estate or Mortgage brokers. Would make sense that they would have that as a side business.

934 posted on 08/14/2002 9:30:43 PM PDT by UCANSEE2
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To: UCANSEE2
thank you, UCANSEE2....I guess I should take the time to go through some of that!!!
935 posted on 08/14/2002 9:31:42 PM PDT by domestice
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To: The Other Harry
I'm not BS- ing anyone

Read- Sperbers testimony in the transcripts, I did.
936 posted on 08/14/2002 9:31:54 PM PDT by juzcuz
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To: small_l_libertarian

NEW THEAD ALERT

Mudd Letters Opened To Public: Van Dam Jurors Continue to Mull and Ponder Westerfield's Fate! 8-15

937 posted on 08/14/2002 9:32:36 PM PDT by FresnoDA
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To: Rheo
Regarding Real estate.

Bill Libby, Mortgage Broker, Barb, real estate.

One might say they were 'in bed' with their brokers/agents. (just had to say that).

938 posted on 08/14/2002 9:32:36 PM PDT by UCANSEE2
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To: The Other Harry
I cry when Littlefoot's mother dies in "A Land Before Time"... ( I know, I am pathetic....)
939 posted on 08/14/2002 9:33:40 PM PDT by Politicalmom
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To: dread78645
I get Alice's Mushroom pieces, and the Ruby Slippers.
940 posted on 08/14/2002 9:34:56 PM PDT by Politicalmom
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