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.

[MizSterious]

I object that so little common sense is being used in this case, your honor!

Seriously, the head banging scenario defies all logic--this is a wee child, barely four feet tall, and Westerfield is a tall man, over six feet tall. Whose head would be banging against the headboard? If it occurred on that bed, where was the blood? Where was the sperm? We now know that drycleaning does not remove all traces, only the visible traces. If the bedding being drycleaned had been blood and sperm-soaked, it would have shown up with testing. Given Dusek's desire NEED to convict in this case, you can be sure that those tests were done, and that they came up with zilch.

[spectre]

It's too early for a hung jury, minion. Judge Mudd would not allow it so soon, IMHO.

Kerensky..you wrote "Danielle was wearing pajamas when she left the house. Brenda said she bought an identical set of pajamas for Danielle's sleep over guest that was still in Danielle's room. Given that the two sets are identical, fibers identical to the second set should be in DW's house, SUV and motor home. If these fibers were not found, DW is not guilty.

I don't think I have ever read this theory before? But I do like it.

sw

[MizSterious]

I don't know either, but I do know that bad health can loosen teeth, I think particularly anemia. If she had been molested systematically, as some of us suspect, STDs are possible.

[MizSterious]

I'm starting to think Bulldog108 might win the pool!

;)

[UCANSEE2]

I had a blowout in my Word Proc. Lost your name, but I am putting it back in the list.

[Freedom2specul8]

excellent work on the HTML (numbered links)! Bravo... Did ya bookmark any posts yet?

[Jaded]

Hey, that was only a consolation prize as Fres was not near to present you with the real one.

[bvw]

I wonder if there's dental records such as depth of tooth pockets, x-rays, gum cheek and palate soft tissue condition publicly available?

[BullDog108]

SOMETIME IN 2004

BullDog108

I forgot to say by a different jury...

[Jaded]

Actually I didn't hear it the first time or two. Sure had a lot of messages waiting. Heard it the next morning. I was really trying not to make alot of noise and frighten my co-workers. If they really knew how closely I followed this....

Think we should do t-shirts?

[spectre]

Don't YOU know, Miz.. Kim has suggested DW premeditated the whole thing and bought plastic mattress covers. Maybe one for his home, and one for the Motor Home.

Well...I say there should have been blood from Danielle.. due to penetration.. on any mattress and discount the idiotic plastic mattress cover theory..LOL!

sw

[BullDog108]

Any ideas on what the defense motion will be about?

Jury misconduct. The jury is not sequestered(sp?), right? I bet someone tainted them.

[Jaded]

There was a post a while back from a Freeper who has a son I believe who lives near Club CB. 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.

[BullDog108]

I'm starting to think Bulldog108 might win the pool!

If I do, it will be the first time I won anything in my life! :^(

[Helen]

Any ideas on what the defense motion will be about?

My guess - Damon and another incident of attempted intimidation.

[Kerensky]

Introducing a new board game: "DanielleLand".

Game pieces: DW, Danielle, Brenda, Damon, the "swingers", LAPD, Dusek, Mudd, Feldman, Bug Experts, Unknown killer, John and Ken, etc.

Wild Cards: Bury body, Get more pizza, Hot muggy weather, Danielle makes a night trip to the playground, Mudd declares a mistrial, Take a wild ride in the Motor home, Swingers spend the night, etc.

Alternate outcomes: Danielle lives to play another day, Brenda is pulled over and arrested for drunk driving, Westefield wins the Nobel prize in Medicine, Unknown killer is arrested with Danielle's foot in his refridgerator.

[UCANSEE2]

But I hate seeing all my typo's on the front page like that.

If you notice, I leave everybody's typos in. Sometimes it adds to the comment.

[UCANSEE2]

I think they decided NOT GUILTY on MURDER/KIDNAP and are going over whether the porn charges stick.

My justification:

Prosecution proved (kinda) that Danielle had been in the MH. All defense needed was to have someone show that Danielle was in the MH prior to 02/01. PROSECUTION DID IT FOR THEM. The dogs not hitting on the MH was proof Danielle had not been in the MH for a long time. Therefore, SHE HAD BEEN IN IT, but not for a long time.

Others will say, What about the DNA on the jacket.

I think the jacket DNA had to be planted. The police saying the reciept was WRONG as an excuse for why the Jacket was actually at the Dry Cleaners on 01/26 (?) and the receipt showed that probably didn't fool the jury.

[FresnoDA]

Jury heads into sixth day of deliberations

Staff and wire reports
SIGNONSANDIEGO

August 15, 2002

The jury trying to decide the fate of accused child killer David Westerfield returns to court today for a sixth day of deliberations.

After the jury went home yesterday, a bailiff for Superior Court Judge William Mudd told reporters that there was no record in the file indicating the jury had passed any notes to the court on Wednesday.What happened during Day 5 of the deliberations?

A closed-door "sealed" motion brought by Westerfield's defense team is also scheduled to be heard this morning.

Westerfield, 50, is charged with murder, kidnapping and misdemeanor possession of child pornography in connection with the death of 7-year-old Danielle van Dam, his Sabre Springs neighbor.

Since it got the case last Thursday, the jury has asked to review all of the pornographic evidence in the case and to look at photographs that Westerfield had taken of his ex-girlfriend's teen-age daughter, according to court documents.

Prosecutors told the jury that one photo of the daughter lying by the pool was sexually suggestive.

Jurors also re-listened to a taped interview the defendant gave to a police interrogation specialist on Feb. 4, two days after Danielle's mother discovered her missing from her bed.

In the interview, Westerfield makes a reference to "we" when describing his 550-mile trip through San Diego and Imperial counties on Feb. 2 and Feb. 3. The defendant had told authorities he took the drive by himself.

Letters from the public in the court file included theories of what could have happened in the case.

"Danielle van Dam killed herself," one letter said.

One man was very concerned about entomologists called by the defense in an attempt to show the defendant could not have left the child's body beside an East County road because he was under tight surveillance by police and the media.

"The O.J. Simpson case was a miscarriage of the State's justice mainly because Judge Ito was too lenient with the ACTORS defending OJ," the writer warned Mudd, referring back to the televised murder trial of the former football player and actor.

An e-mail copied to both District Attorney investigator Richard Cooksey and KFMB radio's Rick Roberts said the talk show host was stupid, unethical and possibly criminal for airing information gained from a source about a recent closed hearing involving a security matter.

The trial, which started June 4, included 23 days of testimony during which 98 witnesses were called and 199 court exhibits placed on display.

[UCANSEE2]

i JUST PUT YOU ON THE PING LIST. (DARN CAPKEylock)