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.

[Kerensky]

The police saying the reciept was WRONG

Would there be an independent record of the receipt in the dry cleaner's computer?

[FresnoDA]

In day 5 of Westerfield deliberations, more waiting

KIMBERLY EPLER
Staff Writer

SAN DIEGO ---- Jurors in the murder case of 7-year-old Danielle van Dam spent a fifth day Wednesday deliberating the fate of her accused killer, David Westerfield.

Since receiving the case a week ago, the panel of six men and six women has asked to rehear a taped interview Westerfield gave to police two days after Danielle disappeared and to see a transcript of that interview.

They also asked to view pornographic images taken from Westerfield's home computer along with a picture of teen-ager Danielle L., the daughter of Westerfield's ex-girlfriend, lounging in a bikini.

All the notes were signed "Thanks, Juror 10." He is an accountant with a young child.

Westerfield, 50, faces the death penalty if convicted of kidnapping and murdering Danielle. The little girl lived two houses from the twice-divorced design engineer. She was reported missing Feb. 2. Nearly four weeks later her nude body was discovered by volunteer searchers under an oak tree in rural East County.

Westerfield also faces a misdemeanor charge of possession of child pornography.

Jurors heard eight weeks of testimony from almost 100 witnesses and viewed 199 exhibits, which now sit with the panel in a secluded room at the downtown San Diego courthouse where they meet each weekday. There is no timetable for them to reach a decision.

While there was little movement in the case Wednesday, a continuous flow of letters were still being sent to the courthouse. The correspondence is kept in court files several inches thick.

Many of the letters praise Judge William Mudd.

"First, I want to thank you for running an excellent trial in the Westerfield case," wrote a Valley Center resident. "I can imagine it is difficult and taxes your patience and concentration."

Another was from someone who claimed to be psychic and was convinced Westerfield was not guilty.

"My ESP is always right," the person wrote.

Others were from people offering their opinions on the case. A few sent pictures.

One woman wrote a poem after apparently being a little bothered by the judge's phonetic pronunciation of prosecutor Jeff Dusek's last name.

"Aya 'Captain' Judge Mudd, you run a tight ship, your rulings are fair, your humor's a pip. But something's amiss, your honor ---- Oh heck. Isn't Jeff's surname pronounced as Doo Shek?"

The authored signed the note to Mudd as "Your fan."

A closed-door hearing on a motion submitted by Westerfield's defense team is scheduled to be heard this morning.

---

Contact staff writer Kimberly Epler at (760) 739-6644 or kepler@nctimes.com.

8/15/02

[UCANSEE2]

it can be shaking by animals at 22 the scene or just if there's enough decomposition, merely 23 bringing the body back to the medical examiner's office can 24 often dislodge these teeth.

And yet the PROSECUTION tried to make it sound like the DW knocked her teeth out in the act of smothering her with 'the missing pillow'.

ANOTHER ATTEMPT TO FALSIFY EVIDENCE. The Prosecutor and DA need to GO TO JAIL.

[UCANSEE2]

I will look up the testimony of this searcher. I remember he said he had taken photos. That was an interesting statement that he made about recognizing her.

Not only that but POLICE hurriedly CONFISCATED the photos that person took. Don'tcha WONDER WHY? WONDER WHERE these photos are?

[MizSterious]

There's no escaping idiotic notions, if only because common sense isn't at all common in our society. However, even my argument above about the head banging is a moot point. Two things say--beyond all reasonable doubt--that Westerfield didn't, and couldn't have done it:

1. The dogs did not alert on the inside of that motorhome. Scent remains for up to a year; even if the windows had been opened during his drive, it would not have been enough to eliminate the scent--dogs track people in the outdoors for weeks after their disappearance. If the child had been in that motorhome that weekend, the dogs would have alerted their handlers, clearly and emphatically.

2. Entomology is well-respected and reliable everywhere except among the Luddite flat-earthers who refuse to believe any evidence exonerating DW. (One wonders if they believe there really ARE little people inside their television sets, too.) The bugs don't lie--they just live their life cycles as they always do. That child was deposited at Dehesa like so much garbage--weeks after DW had been under constant, unrelenting surveillance.

[hoosiermama]

I think it will be on a Monday. (Think about it one more time over the weekend) Either the 19th or 26th. Right now I'm leaning toward the 26th.

[Kerensky]

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

Boy they are really hauling out the dregs to discredit the anti-prosecution camp.

[Kerensky]

3. No pajama fibers.

[Freedom2specul8]

Funny you should mention that...it was posted on a thread a long time ago. The theory was the parents were so abusive and she couldn't take the molestation anymore..OR SOMETHING like that.

[Kerensky]

OR SOMETHING like that.

With Brenda it was definitely a case of "do as I say, not as I do". If Brenda wanders away from Danielle in the store, what has that taught Danielle? I suspect Tom Sawyer-like adventures to be the norm with the van Dam children. Children emulate their parents in different ways.

[The Other Harry]

Thanks for posting a;; the new articles.

Many of the letters praise Judge William Mudd.

I suppose it takes all kinds. Imo, there are few people on the face of this earth who are more unqualified to sit on a bench and wear a black robe.

[Freedom2specul8]

"With Brenda it was definitely a case of "do as I say, not as I do".

Who knows what is or was going through her head. Yesterday a mom was in walmart (or maybe she was a babysitter, who knows)..she had a toddler sitting in the cart, 3 kids walking with her and a little boy pushing a stroller intended for 2 babies. (he was moving too fast for me to see if there were babies or was a baby in it...) He was behind the "mom" of course, pushing it as fast as he could, running in and out of the little display stands that are in the middle of the aisle. Pulled right out in front of me without looking. He would have gotten creamed by my cart had I not had quick reflexes, it was that close. I told him that was way too fast and looked around for his mom. He just "looked" at me. When I found her she was about 10 -12 ft ahead, totally engrossed in shopping. Who knows the factors behind this scenario...but the bottom line is he was being unsupervised and he was reckless. (Clueless...she was clueless) SO...just because they are not left unattended, doesn't mean the parents are worth a crap at guidance, supervision or discipline. :-p

[The Other Harry]

However, even my argument above about the head banging is a moot point.

I don't know that it is a moot point. It is moot to the extent that it was allowed to get in, but it may not be so moot if there needs to be an appeal. As with the porn, I think that was spurious and prejudicial.

As the clock ticks off, I think DW's chances improve. I could be wrong though. Juries do tend to convict.

[small_l_libertarian]

Today, the judge is scheduled to hear arguments on whether prosecutors can show the jury the pornographic images – including cartoon rape fantasies – that police said they found on computer disks in Westerfield's house.

http://www.signonsandiego.com/news/metro/danielle/20020507-2208-n90513.html

Those images included photos of nude children, photos of people having sex with animals and cartoon videos depicting young girls being tied up and raped, the jurors were told.

http://www.signonsandiego.com/news/metro/danielle/20020627-9999_1n27wester.html

At Westerfield's preliminary hearing two weeks ago, prosecutors briefly alluded to their theory that a bondage cartoon showing a young woman being tied up and forcibly assaulted pointed to Westerfield's alleged motive for the crime.

http://www.nctimes.net/news/2002/20020329/11111.html

In his home computer files, they found 64,000 pornographic pictures, including "less than 100" images of young girls in sexual acts. One file contained a cartoon in which a terrified girl begged a man not to rape her.

http://www.courttv.com/trials/westerfield/background_ctv.html

---

The above are a few sources that state that the rape video was a cartoon.

For those who keep harping on the "rape video," PLEASE go check these sources. Thank you.

[fatima]

Really

[MizSterious]

Fresno, another bunch of good articles--thank you very much. One article you won't find online, though. If you're standing in the checkout line at the grocery store, look for this week's Globe. John Walsh is again the star. I put on my dark glasses and pulled a scarf over my head in an effort to disguise myself, and bought a copy. I'd re-type it here, but I think it's maybe too raw for these threads. Let it suffice that JW seems to have Bill Clinton's problems, with the added kink that he likes to photograph the...um...acts. This issue did not get into his cocaine use as other stories have. Sometimes I think he ought to be featured on his own program.

One thing is for sure: it's easy to see why he is such a staunch supporter of the van Dams.

[small_l_libertarian]

One thing is for sure: it's easy to see why he is such a staunch supporter of the van Dams.

Indeed.

[Green]

I've always thought John Walsh was a bit enamoured with himself.

[The Other Harry]

The dogs did not alert on the inside of that motorhome.

Again, this is where it starts and stops for me.

The prosecution's case completely hangs on the MH / jacket forensic evidence. It has gaping holes everywhere else.

If you go to the idea that Danielle was in the MH at some time in the past, but was not in there that weekend...

That possibility cooks the DA's goose.

The dog does that. Unlike just about everyone else who got anywhere near this, the dog is an objective witness.

[UCANSEE2]

Many of the letters praise Judge William Mudd.

As with any public affair, there are always many from the fringes of the bell curve that write in no matter what the subject, and have an opinion. On LATE NIGHT talk shows they read this VIEWER MAIL because the comments are so outrageous they provide humor, they add to the 'show', raise revenue.

It is being done, in this case, for exactly the same reason.