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.

[hoosiermama]

.....if LE had a
blood sample of Danielle's blood, but they didn't.


Wasn't their blood in Danielle's room? (From nose bleeds)

[UCANSEE2]

The police requested these affidavits be sealed, is this common?

Only when not doing so would reveal planted evidence, fabrications and lies by police.

[small_l_libertarian]

Oh, but they did. They had Danielle's blood from her room (on the sleeve of a shirt or pj shirt). Dip it in distilled water and squeeze as necessary.

[demsux]

Youngflesh found the CDs

Who is this guy AND why was he in the house?

I thought that he was FBI, why would the FBI be called into this case after just one day?

[the Deejay]

Yes, but it wasn't "plantable" blood. It was on her
pj's. LE would have to have a vial of her blood in
order to plant on the jacket, etc., besides at that
time, the didn't even have her body. The body was
found on 2/27.

[dread78645]

If his jacket was dropped off 1/27 seems like the pin-tag on it would be different from the tags on the other items in the 2/4 stuff.

That would be the conclusion, unless the shut down the business for a week.

BTW it was 1/26 Saturday.

[Jaded]

Yeah, especially after he thanked them for all their hard work in proving his client didn't do it. Would look bad, IMO.

[the Deejay]

Yeah, I'm listening. Can't believe they've allowed
him to talk so much and say so much. LOL

[domestice]

gotcha...$$$ before fair & impartial trials. Sad eh?

[Jaded]

Pay no attention to the man behind the curtain.

[Rheo]

Wasn't their blood in Danielle's room? (From nose bleeds)

Why, yes there was hoosiermama....the pj cuff that tested for blood but then had non reportable results as to whose it was.

The purple shirt tested slightly for blood and with Danielle's DNA.

And we still have the blood on the VD garage floor that had non reportable human DNA results...wonder whose that was??

[UCANSEE2]

I could easily buy your planting theory if LE had a blood sample of Danielle's blood, but they didn't.

OK. I hear you. How do you know they didn't have a sample ?

They found Danielle's underwear with a stain in the crotch. That was 02/02,I believe. They took a sample. It is what was used later to compare to the lapel of the green jacket, and LO and BEHOLD, it came back A PERFECT MATCH. Not good, average, BUT PERFECT.

They had a supposed blood stain on the PJ's that were lying there also.

You know, the one's that Danielle hadn't worn. THey were just lying there inside out, with a bloodstain on the ankle area. (when Feldman tried to ask about Danielle having a scrape on her ankle, DUSEK objected and MUDD sustained it. WHY?) The LE's say that the DNA test of that stain didn't have Danielle's DNA. (well whose was it?)

REASON: we aren't supposed to know that those are the PJ's she wore. That she didn't have them on when she disappeared. If they admitted it was Danielle's blood, it would have damaged their case and made Damon/Brenda out to be bigger liars.

[small_l_libertarian]

Any blood is plantable, if you have a way to collect it and mix it with clean (no chemicals) water. Remember also, that the drycleaners didn't notice any blood on the jacket - therefore, it could have been a very thin ("runny") mixture of something that made it. (Not as visible as red blood on a green jacket would normally be.)

[UCANSEE2]

As for the receipts, the jury should have them in the jury room. Surely, one of them would catch the descrepancy in the clothing to the receipts. And would easily be able to see the green jacket was at the cleaners on 1/27.

It was there. THe jury did hear about it. THE LE witness said the COMPUTER MADE A MISTAKE when it printed the date on the receipt. END OF STORY.

[small_l_libertarian]

The drycleaner didn't testify that the date was wrong, but the times on any and all of the receipts. None of us even heard about the 1/26 receipt until Feldman's closing, IIRC.

[NatureGirl]

Youngflesh (and what a name!) is an FBI computer expert, apparently in the kiddie porn field. And you're right - what the heck was he doing there so early on, if DW "wasn't a suspect" yet (cough cough).

[the Deejay]

"And we still have the blood on the VD garage floor that had non reportable human DNA results...wonder whose that was??"

Layla's. Remember the run in to Damon's shin? The dog
bled all over the place. Even on the wall at the top of
the stairs. Man, oh man, that house had more blood than
a blood bank!

[UCANSEE2]

I thought that he was FBI, why would the FBI be called into this case after just one day?

Part of operation Candyman. FBI Sting operation. Investigating CHILD PORN RIng in SD that the SWEDISH group ended up busting.

[Lanza]

Well, that was a fluke. This dude has already changed his tune saying the parents were focused on plenty. I say the media may have focused on them, but LE cleared them waaay too soon to have done a thorough investigation.