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

[KnutCase]

I originally thought that also. But remember, porno was the lesser charge. Now I think they would have deliberated the major charges (kidnap, murder) first and reached that decision, then finish up with the lesser charge.

[The Other Harry]

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

I suppose you're right about that.

The things I have to say about Padre Mudd are not fit to print.

[MizSterious]

From the Associated Press (archives)

November 22, 1983, Tuesday, AM cycle

Parents Of Slain Boy Drop Suit Against Mall

DATELINE: HOLLYWOOD, Fla.

The parents of Adam Walsh on Monday dropped their negligence suit against Sears, Roebuck and Co. and the Hollywood Mall, saying the court battle has hurt their crusade against crimes to children.
No settlement was disclosed.

"It's the children who suffer the most in this," said John Walsh, father of 6-year-old Adam, who was slain in 1981. "I have to work for effective social change and keep making people aware." Hollywood police say 36-year-old drifter Ottis Elwood Toole has confessed to abducting young Adam in July 1981 from the mall. Chief Sam Martin has said Toole also confessed to decapitating the boy and burying his body in a marsh. However, Toole later recanted that confession to his defense attorneys.

The boy's body was never found.

The case was the subject of an NBC television movie, "Adam," earlier this fall.
 
The negligence suit was filed in Broward Circuit Court July 22. Judge J. Call Lee signed the dismissal order and said he knew no more about the dismissal than was detailed in the joint agreement.
Under terms of the dismissal, neither side can file suit against the other.

Walsh and his wife, Reve, contended that an untrained mall security guard chased Adam and other children away from some video games after an argument between the youths. The suit said the guard's action contributed to the boy's abduction and murder.

The couple's private life became a central issue in the litigation through publicized pretrial statements from a long-time family friend, James Campbell.

In a 165-page deposition Campbell gave to Sears' attorneys Nov. 4, he detailed his love affair with Mrs. Walsh during the two years he lived in the family's home.

Campbell, who coached Adam's baseball team and was the boy's godfather, said Walsh and his wife smoked marijuana and used cocaine.

Campbell had been a suspect in the killing, but he said detectives visited him in October and told him he was no longer a suspect.

Walsh and his attorneys tried unsuccessfully to have the deposition barred from litigiation saying Sears was making a "malicious attempt to discredit my family."

Following the suit's dismissal, mall attorney Rex Conrad said mall management would not elaborate on reasons for the dismissal.

"John and Reve Walsh have directed all of their efforts over the past 2 1/2 years toward creating awareness to the problem of missing children and to effect social and legislative changes on a local, state and national level," the agreement said.

The three-page document also contained a statement that Sears "wholeheartedly" supports the Walshes in their efforts to prevent crimes against children.

[sawsalimb]

I'm going to make an observation here,and it's tongue-in-cheek,but not totally tongue-in-cheek.

Having watched the public pillorying of Mr. Westerfield,and bearing in mind some other high profile criminal cases,I'm starting to ponder. Were I to find myself in a similar situation,I'm starting to think that I'd like the option of facing my accuser at sunrise,on a freshly mowed lawn(please note-I said option). Pistols at 20 paces,and then the issue is settled,for once and for all. And settled before breakfast,without either party being beggared by legal fees.

I know it sounds antidiluvian,I know it isn't politically correct(we're supposed to let the paid professionals conduct our asassinations for us-character and otherwise),and I realize fully that this smacks of blood sport.

Blood sport,though,is exactly what we're seeing right now,with the bonus of some psychological torture thrown in and a little bit of conjuring. And it strikes me that if a prosecutor is willing to bring charges against a man that can result in the death penalty,then that prosecutor should be willing(and able) to pull the trigger himself. (OK,flame away,lol)

[The Other Harry]

I originally thought that also. But remember, porno was the lesser charge. Now I think they would have deliberated the major charges (kidnap, murder) first and reached that decision, then finish up with the lesser charge.

Disagree. I think they started with the porn.

[UCANSEE2]

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

That is a very good question. The police are claiming the 'computer' at the dry cleaners made a mistake. (For those of us in the computer biz, please hold your chuckles to a minimum). One clerk at the Cleaners said the computer was down, one said it was up.

However, there were 2 jackets.

The clerk had mixed up the items and someone else got DW's stuff and , I believe, refused to take it. Then the clerk noticed the mixup. This clerk, who has worked there for 12 years, couldn't even remember the address of the place.

The police had been told by DW that he took his items to the Twin Peaks (shades of Northern Exposure) Dry Cleaners, he gave them the receipt (yeah, he took his jacket in because it had Danielle's blood on it, BUT he gave the police a receipt so they would have no trouble identifying and picking up the jacket!), but the police said he didn't tell them about the visit to the dry cleaners. They also claimed they had to spend hours going to all the dry cleaners in the area hunting for the right one. (I could see them going to other DC's after they went to the one on the receipt, just in case he dropped something off somewhere he didn't tell them about, but that is not what they did).

SO, I would imagine that if there was an independent record, police confiscated it and put it with things like the BACKPACK that was found near Danielle's SCHOOL, the .22 LR bullet cartridge that was found in Danielle's room the SECOND time they searched it.

Since that record probably proved the jacket in evidence was at the dry cleaners BEFORE 02/01 and would exonerate DW, you can be sure you will never see it.

[Eva]

The child was seven years old, the roots of some of her primary teeth would have resorbed and been held in by tissue, alone. Probably when the tissue dried out, the teeth just fell out.

[UCANSEE2]

"Objection, Your honor, misstates the evidence", should have been entered

And as we all saw, JUDGE MUDD would have been saying OVERRULED before Feldman could even finish the sentence.

[small_l_libertarian]

Color me stunned. I was only 12 in 1983.

I remember the kidnapping (obviously), because I grew up in Florida, and all Florida parents went absolutely goofy after Adam was stolen.

I had no idea about this stuff. I had heard rumors about Reve having an affair, but I didn't know the guy lived in their house! And the only thing I knew about JW's cocaine use was some photos I saw in a tabloid of what looked like him smoking crack with some slut.

I'm gonna go and scrape myself up off the floor now.

[Freedom2specul8]

Thanks for all of your hard work. I'll bookmark your post.

Just an FYI..maybe you interpret this differently than myself and others...but from the way I read the transcripts, the animations were a separate issue from the movies.



http://www.nbcsandiego.com/News/1530003/detail.html

SAN DIEGO -- Jurors reacted emotionally to the sight of pornographic images -- some said to be depictions of violent attacks on children -- retrieved from David Westerfield's home computer and shown by prosecutors to the jury in his murder trial Tuesday.

At least two jurors cried after viewing the images found on computer discs police seized in Westerfield's home. Prosecutors showed jurors 17 examples of still images and movies found on compact and zip discs.

---

http://www.signonsandiego.com/news/metro/danielle/transcripts/20020625-9999-pm2.html
26 Q. MR. WATKINS, WITH REGARD TO THE VARIOUS IMAGES THAT27 YOU FOUND ON THESE C. D.S AND ZIP DISKS, TO YOUR KNOWLEDGE, HAVE28 THEY BEEN ARRANGED BY AN IDENTIFYING NUMBER AS TO WHICH C. D.?63121 A. YES, SIR, THEY HAVE.2 Q. OR ZIP DISK?3 A. YES, SIR.4 Q. TO YOUR KNOWLEDGE, ARE THE MOVIES AT THE END5 PORTION OF THIS DEMONSTRATION?6 A. YES.7 Q. SO THAT AT LEAST THE FIRST PORTION DEALS WITH STILL8 IMAGES THEMSELVES?

------

9 A. YES, SIR.10 MR. CLARKE: YOUR HONOR, WITH THE COURT'S PERMISSION, CAN11 WE LOWER THE LIGHT?12 THE COURT: ALL RIGHT.13 MR. CLARKE, YOU BETTER GET GOING BEFORE I GET IN14 ANY MORE TROUBLE OVER HERE.15 (STILL IMAGES BEING SHOWN TO THE JURY AND ALTERNATES.)

-----

28 MR. CLARKE: ALL RIGHT. WITH THE COURT'S PERMISSION,63131 YOUR HONOR, I'LL BE PLAYING THE NEXT ZIP DISK OR C. D.2 THE COURT: ALL RIGHT.3 (STILL IMAGES BEING SHOWN TO JURY AND ALTERNATES.)4 5 BY MR. CLARKE:6 Q. ALL RIGHT. MR. WATKINS, DID THE VARIOUS IMAGES7 THAT WE'VE JUST SEEN ACCURATELY DEPICT THOSE IMAGES SEIZED FROM8 ONE OF THE ZIP DISKS THAT WAS TAKEN FROM MR. WESTERFIELD'S

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11 Q. THERE APPEAR TO BE ANIMATED OR CARTOON TYPE IMAGES;12 IS THAT CORRECT, IN THIS GROUP?13 A. YES, SIR.14 Q. IS THERE A NAME FOR THOSE IN YOUR PARTICULAR LINE15 OF WORK?16 A. OH, ONE OF THE NAMES WE HEAR IT REFERRED TO IS17 ANIME'.

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22 MR. CLARKE: ALL RIGHT. YOUR HONOR, WITH THE COURT'S23 PERMISSION, I'LL BEGIN THE NEXT SEGMENT.24 THE COURT: ALL RIGHT.25 (STILL IMAGES BEING PLAYED FOR THE JURY AND ALTERNATES.)26 27 BY MR. CLARKE:28 Q. MR. WATKINS, THERE APPEARED TO BE I THINK THREE OR63141 SO IMAGES THAT WERE PORTRAYED THERE. DID THOSE ACCURATELY2 DEPICT THOSE IMAGES THAT YOU OBTAINED FROM -- I THINK THIS IS3 ONE OF THE C. D.S FROM EXHIBIT NO. 12 FROM THE OFFICE?4 A. YES, SIR.

-------

7 MR. CLARKE: ALL RIGHT. AND YOUR HONOR, I BELIEVE THE8 MOVIES START NOW, SO WITH THE COURT'S PERMISSION, I'LL PLAY THIS9 SEGMENT.10 THE COURT: ALL RIGHT. HOW MANY SEGMENTS WILL THERE BE,11 MR. CLARKE?12 MR. CLARKE: I BELIEVE TWO.13 THE COURT: ALL RIGHT. THANK YOU.14 MR. CLARKE: I'M SORRY. I THINK THERE'S THREE.15 THE COURT: ALL RIGHT.16 (MOVIE SEGMENTS SHOWN TO JURY AND ALTERNATES.)17 18 BY MR. CLARKE:19 Q. MR. WATKINS, WE SAW WHAT APPEARED TO BE A MOVIE, IS20 THAT RIGHT, ON THIS PARTICULAR C. D.?21 A. YES, SIR.22 Q. AT THE TIME THAT YOU WERE ABLE TO SEIZE THAT -- I'M23 SORRY.24 PERHAPS WE COULD HAVE THE LIGHTS, YOUR HONOR?25 THE COURT: ALL RIGHT.

---

5 Q. MR. WATKINS, WITH REGARD TO ALL OF THOSE VIDEOS,6 WHAT WAS SHOWN ON THE MONITOR ACCURATELY PORTRAY WHAT YOU7 OBSERVED WHEN YOU OBTAINED THOSE I BELIEVE C. D.S IN THE CASE OF8 THE VIDEOS FROM ITEM NUMBER 128 FROM MR. WESTERFIELD'S OFFICE?

[UCANSEE2]

"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,"

I noticed that too. Pretty funny!

[small_l_libertarian]

There may have been (probably were) live action movies, but what I just posted specifically says that THE rape movie was a cartoon. And, no, I don't interpret the testimony the way you said. It just appears that the first part of the presentation was all stills, and the last part all movies.

[Freedom2specul8]

I have to leave, but reread the part where he says the jury will be shown the anime images. Then read the next segment where it says "movies" were shown.

I am still of the belief that the jury would not cry over cartoons or animes.

thanks again for your hard work.

[small_l_libertarian]

Anime can apply to stills or animations - it's just the style of the drawings. Same thing used to be called Japanimation.

[The Other Harry]

Anime can apply to stills or animations - it's just the style of the drawings. Same thing used to be called Japanimation.

I think the anime clearly came from Neal.

Wherever it came from, I still don't see the relevance of the porn. I understand that it is supposed to establish motive, but where is the evidenciary basis for that connection?

[Green]

Have you all seen the poll on CTV's web site for Crier Live - It is asking if the VD's should sue for wrongful death regardless of the verdict. Over 60% have voted yes.

[small_l_libertarian]

...where is the evidenciary basis for that connection?

In Dirty Ol' Dusek's rather vivid imagination.

[Jaded]

Nancy Grace has been busy bouncing on the poll. Do you think public opinion will sway the VanDams to persue this avenue? They could quit their other businesses.

[MizSterious]

They might have to sue Feldman's law firm to get any money. The law firm now owns all of DW's resources.

[sawsalimb]

I really doubt that the VanDam family would want to go to civil court over this. If my understanding is correct,the rules for the discovery process in civil court are quite a bit more inclusive than the rules for criminal court. A whole lot of dirty laundry could get washed in public.