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

Union Trib ^ | August 15, 2002 | Union Trib

[FresnoDA]

Letters to judge opened to public

SIGNONSANDIEGO

August 14, 2002

The judge in the trial of David Westerfield today allowed reporters to see court log entries of notes from jurors, as well as letters to the judge from the public about the murder of Danielle van Dam.

The letters from the public included a variety of theories about the case.

Jurors ask to review pictures, interview

One letter-writer sent the following theory to Judge William Mudd: "Danielle van Dam killed herself.''

A nearly illegible postcard with a Spokane postmark alluded to at least one ex-wife "with a drinking problem (who) lives in Spokane.''

 

DAN TREVAN / Union-Tribune

Some of the folders of documents made public by Judge William Mudd.

The writer failed to indicate whether the reference was to ex-wives of Westerfield – who has been married and divorced twice – or someone else connected with the case.

The postcard was unsigned.

Another missive came from a man who referenced another high-profile murder trial – that of O.J. Simpson.

"The O.J. Simpson case was a miscarriage of the state's justice mainly because Judge (Lance) Ito was too lenient with the actors defending O.J.,'' the man wrote.

There was no news Wednesday afternoon about the status of deliberations, but Mudd announced he was holding a sealed hearing 9:30 a.m. Thursday to consider an unspecified defense motion in the case.

Wednesday was the fifth day of deliberations. The prosecution concluded its closing arguments last Thursday.

Westerfield is accused of kidnapping 7-year-old Danielle van Dam from her Sabre Springs home and killing her.

He could face life in prison or the death penalty if convicted of murder with special circumstances.

He has also been charged with misdemeanor possession of child pornography.

The log entries show that on Friday, the jury requested ``all available evidence of pornographic images'' and a photograph of a teen-age daughter of the defendant's ex-girlfriend.

[Jaded]

Except that the name was printed on the receipt used in evidence along with his name.

[UCANSEE2]

CYNCOOPER:This is not correct. They found the receipt in his SUV and they got the name of Twin Peaks drycleaners from Det. Ott as he is a customer there and recognized the type of receipt they give. There is no evidence that Westerfield ever gave the police the name of the drycleaners.

RHEO: According to the unsealed affidavits they are talking about...he did give them the dry cleaners name and that he went there that morning.

I read the same thing about the affidavits. Proved that police LIED, DUSEK LIED when they said DW didn't tell them about the first visit to drycleaners. MORE FALSE EVIDENCE. He did NOT give them the receipt. Cyn is right about that part.

SO, now Cyncooper, WHAT SAY YOU ?

[small_l_libertarian]

I'm re-reading Shen's recall testimony right now and this is where Feldman mentions that Brenda wore an orange sweater to court the day before (July 8) and asks Shen if she ever tested it to see if that's the source of the orange fibers. Shen answers "no" while Clarke is objecting. Clarke gets sustained (of course), but Shen's answer was heard by the jury.

[Lanza]

Spec, did ya hear Nancy Graceless talk about how very attractive she thinks BVD is this morning? She was appalled that a witness said BVD was coming on to DW. Unfreaking-believable!!

[nycgal]

Who was the red-headed scarecrow woman on with Nancy Graceless today calling Westerfield "creepy"?

I didn't get her name but I believe she's a psychiatrist. The other lady was a defense attorney. She said that if it wasn't for his being "creepy" he "wouldn't be too bad".

[UCANSEE2]

If I know Cyncooper, she is right now reading the released affidavits. She is VERY GOOD about researching information and providing source. I imagine this is a surprise to her, so we need be patient. There is a lot to read and absorb,especially for those that trust the SDPD or LE's in general, and can't conceive of them lying to win a case.

[Rheo]

I give all of you credit for being able to watch that channel during this trial.

Hope all is well with you!

[JudyB1938]

Sure makes one wonder if those talking heads are themselves part of the perverted swingers crowd.

[UCANSEE2]

CYNCOOPER:This is not correct. They found the receipt in his SUV and they got the name of Twin Peaks drycleaners from Det. Ott as he is a customer there and recognized the type of receipt they give. There is no evidence that Westerfield ever gave the police the name of the drycleaners.

RHEO: According to the unsealed affidavits they are talking about...he did give them the dry cleaners name and that he went there that morning.

I read the same thing about the affidavits. Proved that police LIED, DUSEK LIED when they said DW didn't tell them about the first visit to drycleaners. MORE FALSE EVIDENCE. He did NOT give them the receipt. Cyn is right about that part.

SO, now Cyncooper, WHAT SAY YOU ?

(sorry I posted this to myself . I goof a lot, huh!)

[Jaded]

Where are the affidavits?

[small_l_libertarian]

Shen's recall testimony is also where she states that she thought that the orange fiber from DW's afgan was a match to the other orange fibers, but then the microspectrophotometer test proved that they were not a match. Here's that exchange:

Q. SO WE KNOW THEN THAT THERE ARE CIRCUMSTANCES WHERE18 YOU MAY FORM AN OPINION THAT FIBERS MAY SHARE A COMMON SOURCE19 BUT WHICH UPON FURTHER ANALYSIS YOU GET AN EXCLUSION, CORRECT?
A. YES.

[Bluebird Singing]

She had the photo's of BVD and DW and said who would believe BVD would be making a move on him. That's when the "creepy" comment came from the guest.

Wonder what NANCE thinks her snarly face looks like!!!

[nycgal]

I heard that also but thought I misheard. They then showed pics of BVD and DW side by side. I wonder what Brenda looked like when she was younger. It looks like booze has taken a toll on her face. NG(appropriate initials, don't you think?) said she couldn't believe why BVD would be attracted to DW.

[UCANSEE2]

NOPE. The were sealed by co-prosecutor MUDD at the beginning of the case, and were only UNSEALED recently due to it being OVERTURNED by the APPEAL COURT on the basis that MUDD was a lying scumsucking low-life (wait, that's the wrong definition) MUDD was INTERPRETING a PREVIOUS RULING to STRICTLY (i.e. for purposes of winning the case).

Since they were not part of the trial, they jury has no idea (well, unless they are watching CTV or SDChannel, or read the SD-UT) they exist.

[Rheo]

Good job...keep going...you are saving my eyes!!

Thank you!

[Lanza]

Yes, it does make one wonder. The CTV people have been so defensive about the VDs sex life and how "it had nothing to do with it." Graceless also drank the Clinton Kool-aid during the impeachment saying his sex life had nothing to do with his job. Same old Clinton loving liberals now defending the VDs too.

[UCANSEE2]

RIGHT HERE!

[Politicalmom]

Just more appeal fodder.....

[Jaded]

Thanks, lots. Can you type them up, sos we can all read them, sweetie?

[Lanza]

Is the jury getting this newly unsealed info passed on to them during deliberations?