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.

[alisasny]

Westerfield looks so severely depressed. Its hard for me to look at him.

[NatureGirl]

Someone posted yesterday that Watkins (the prosecution's computer guy) testified that he was in DW's house at approx 9:00 pm on 2/4. Can that person "own up" ;-) and tell me if that was from the PH? Or somewhere else? I've read and re-read the computer testimony, and I'm sure that he said he never arrived at DW's house until sometime after midnight on 2/5.

From Watkins' testimony: Q: YOU ARRIVED AT THE RESIDENCE ON FEBRUARY 4TH.
A: YES, SIR.
Q: DID YOU ENTER THE RESIDENCE?
A: YES.
Q: WHAT DID YOU DO ONCE THAT HAPPENED?
A: I WAS DIRECTED TO THE -- WELL, WHEN WE WENT IN, I TALKED TO SERGEANT HOLMES WHO DIRECTED US TO THE UPSTAIRS OFFICE.
Q: WHAT DID YOU DO?
A: TOOK A -- WELL, EXAMINED THE OFFICE, SAW THAT THERE WERE TWO COMPUTERS INSIDE THE OFFICE AREA THERE. WE SET UP A TABLE AND SET UP A COUPLE OF COMPUTERS AND THEN CONDUCTED THE IMAGING PROCESS.
Q: DO YOU RECALL WHAT DATE IT WAS WHEN YOU ACTUALLY ARRIVED AT THE RESIDENCE?
A: IT WAS THE MORNING OF THE 5TH.
Q: ALL RIGHT.WAS THIS -- WAS IT DARK OUT?
A: YES, IT WAS.
Q: SO THIS WAS AFTER MIDNIGHT ON THE 4TH?
A: YES.

Still with me? Good. From further on in Watkins' testimony:

PERHAPS WE SHOULD GO BACK TO WHEN YOU WERE ACTUALLY IN THE OFFICE DURING THE EARLY MORNING HOURS OF FEBRUARY 5TH. YOU MADE COPIES OF I THINK IT WAS HARD DRIVES OF THESE COMPUTERS.
A: YES, SIR.
Q: GENERALLY WHAT OCCURRED AFTER THAT?
A: WHILE WAITING FOR THE -- WELL, AFTER THEY DISCOVERED THE C.D. ROMS AND THE ZIP DISKS, WE WENT AHEAD AND USED ONE OF THE COMPUTERS TO WHAT'S CALLED A PREVIEW, TO EXAMINE THEM TO SEE WHAT WAS ON THEM TO SEE IF THERE'S ANYTHING QUESTIONABLE OR ANYTHING THAT MIGHT LEAD TO THE WHEREABOUTS OF DANIELLE VAN DAM.

The only problem with all this is that the Det. who got the Search Warrant, used all this information to get the search warrant. If you read that affidavit, Alldredge states that Watkins and Youngflesh were in DW's house. He mentions the "in plain sight" rule, and said that he believed that the search warrant issued over the phone gave them the right to look at the CDs and zips that they had supposedly just found. He states that they now need to go in and gather up all the computer info. that they can find.

BUT as you can see from above, when Watkins was in the house, he and Youngflesh were already imaging the hard drives of DW's computer, and (IMO) states that they looked at the CDs/zips "while they were waiting" - for that imaging process to be complete??

I'll wrap this up by asking another question: Did the telephonic search warrant issued on 2/4 to search DW's house give them the right to make copies of his hard drives? How does that jibe with things "in plain sight"?

By the way, I should mention that the Search Warrant Alldrege applied for was issued at approx. 1:30 am on 2/5, which fits somewhat with Watkins testimony as to the time he arrived at the scene.

Would someone like to kick this idea around with me a bit? It's been bugging me for weeks.

[domestice]

< Nancy Graceless is like a parody of a newscaster on Saturday Night Live or something...her dramaticcccc inflections...barf! >

This morning she seems agitated/perturbed by the jury...like they should be finished by now w/ the obvious (in her mind) 'guilty' verdict.
Hey...this could be a good sign for the defense! They must be doing something right if shes not happy about it!!

[JudyB1938]

Me, too, alisasny. Me, too.

I gotta leave (dr appt).

See you all when I get back.

[the Deejay]

I have never seen a judge so unconcerned about a jury. Mudd has just about thrown them to the wolves! (GAWD!)

[RnMomof7]

You know what Judy IF Westerfield is innocent locking HIM up does not protect the next little girl..

[NatureGirl]

Sounds like there's quite the viper's nest in San Diego.

[the Deejay]

"Westerfield looks so severely depressed. Its hard for me to look at him."

I've felt much the same for some time now.

[JudyB1938]

I was going to leave, but have to make this quick comment. Those kids that CPS takes are put into foster care first. Foster care "parents" are known to have a high rate of abuse and sexual abuse. So my flash just now is this: HOW MANY OF THOSE FOSTER PARENTS BELONG TO SWINGER &/OR PORNO CLUBS? Excellent place to get children and not have to suffer any consequences.

[small_l_libertarian]

Wow, NatureGirl, what a provocative post! I'm not busy right now - I'll see if I can put Watkins in DW's house on the 4th.

[mommya]

I do believe you've got something there. So - the affidavit uses these discs to support the warrant - but they seemingly were not found till later - after the warrant was executed?

[small_l_libertarian]

I have a present for you guys...

[domestice]

< Apparently CB's has a lot of members who are very prominent in SD. I've also heard that the head of the county CPS is not at all what someone would hope for in a person in that position. >

Sad state of affairs, indeed!

[Politicalmom]

EWWWWW!! Is that the receipt, or just one from the same cleaners??

[BullDog108]

Yowzer! And who is saying that the name is not on the receipt?

[domestice]

Why would this NOT suprise me....Lord help this nation!

[Space Wrangler]

Yeah, but DW would have attorneys being PAID not to believe their lies. It would be their job to tear down the VD's. They aren't really that smart, they just had the right friends from what I can tell.

[theartfuldodger]

Why is the shot at such an oblique angle?

[BullDog108]

You can see D West at the top.

[domestice]

Exactly...something is rotten in SD!