Judge upholds death sentence in van Dam killing

CNN ^ | 1/1/03 | CNN

[EllaMinnow]

SAN DIEGO -- Three days after David Westerfield was sentenced to death, the judge in the case ordered thousands of pages of sealed transcripts released to the media and the public.


The sealed documents -- which include motion pleadings and rulings by the court -- will be available by next Monday, Superior Court Judge William Mudd said.

Audio and video tapes introduced into evidence at Westerfield's trial can be copied and released to the media, the judge said.


But Mudd stopped short of a media request to release all "sidebar" conferences between him, prosecutors and Westerfield's attorneys

"I simply will not do it without a (higher) court order," Mudd said. "It goes too far."

The judge told media attorney Guylyn Cummins that he had just been assigned to a new high-volume department and going through the record to locate and copy all "sidebar" meetings would be too great a strain on him and his staff.

"It would be unheard of in this state," Mudd said.

Westerfield, who is on his way to San Quentin's Death Row, was at the hearing in a green jail outfit. Through attorney Robert Boyce, he successfully argued that he not be videotaped.

Westerfield spent the hearing out of camera view, in an area where prisoners wait for their court appearances.

He agreed to waive his presence for future restitution hearings. Prosecutor George "Woody" Clarke said Westerfield owes $81,571 to the family of Danielle van Dam and $9,703 to the state Victim's Compensation Board.

Prosecutors said they would make a copy of audio and video tapes in the case and release them to the media.

Mudd said he would not release any "Pitchess" material involving the conduct and background of law enforcement officers.

The judge said information about county funding of Westerfield's defense, along with juror information, will be withheld.

http://www.thesandiegochannel.com/news/1872470/detail.html

[cyncooper]

The sealed documents -- which include motion pleadings and rulings by the court -- will be available by next Monday

Thank you for the update.

Audio and video tapes introduced into evidence at Westerfield's trial can be copied and released to the media

Including the previously sealed portions of the Redden tape?

[EllaMinnow]

I believe so, since it isn't listed among the items that won't be released.

[EllaMinnow]

I can believe you guys didn't know there are Westie fansites! Here's a link to one of them, complete with high school photo, height, weight, and hobbies. Reminds me of the Donny Osmond profiles in the magazines I read when I was 14.

http://users3.ev1.net/~2ntense/

[demsux]

Did you know that your hero swinging parents of the year private club has a website?

http://www.clubcb.com/

[Amore]

Oh, brother! Is that from Jammy or is it another obsessed murderer groupie?

[EllaMinnow]

Why in the world would I follow a link posted by the person who once posted a link to an incest porn forum?

[EllaMinnow]

same old same old.

[demsux]

You mean the usenet search function that turned up multiple "Bill Libby" postings to incest boards?

That was a message board and contained NO images...spin, spin, spin...deny, deny, deny.

BTW, the Van Dam's established, during trial, that they are lying, dope-smoking, wife-swapping, drunks that were unable to protect their own daughter, in their own home, guarded by an alarm and 60 lb. dog.

I hope they got a gun to protect their sons.

[EllaMinnow]

Really. I find the words "I want to f*** my daughter" just as offensive without pictures.
You must not find them offensive at all.

[UCANSEE2]

Thanks, but I am not interested in any DW fan sites. I don't go searching for them. I am not a DW fan. I am concerned that the involvement of the media and the needs of the DA overrode the search for truth and justice. It has happened many, many times and this appears to be another occurrence. If it is not, I will be very happy.
That is my concern for this case. I have no personal concerns for David Westerfield, or the Van Dams. I sympathize for the loss of the Van Dams daughter, as for anyone that loses a child. I also find that their statement that if they had it to do over, they wouldn't have changed anything to be very odd. It is also possible that they 'meant' to refer to general lifestyle and activities and not particular events that night. Not having been there when the statement was made, nor inside Brenda's head, it is hard to prove what exactly she thought she was referring to.

[UCANSEE2]

So, they were supposed to release the information today.
Does anyone know if the information will all be available soon, or will it be a finely extracted subset of the information, picked out by the media. I can't find any of the info anywhere yet. Only the info that it would be released to the media today.

[demsux]

You must not find them offensive at all.

You are a twit.

[wimpycat]

I can't believe the "subculture" that has developed here at FR, of completely venomous, acrimonious and largely ludicrous threads, with viscious personal attacks hurled back and forth. Looks like the rest of us are DOOMED to put up with it as long as legal proceedings continue, and probably longer than that, as the trial and the facts are played out over and over and over, ad nauseum.

Many of us with a less personal investment in the outcome of the trial have tried, and given up, posting on these threads because we end up getting attacked as if from a pack of wild dogs, or else we start becoming one of the pack. It's like it's consumed your lives almost to the exclusion of everything else and y'all don't even know any of the people actually affected by the case.

[wimpycat]

"You must not find them offensive at all."

"You are a twit."


Case in point.

[UCANSEE2]

Here is an interesting piece that explores the jury aspect of the case. So who is open minded enough to read the entire article and see if it is of interest? Another look"

[EllaMinnow]

"Jury of One" has about the same amount of credibility as Doug Pierce.

[UCANSEE2]

Here is my view of many of the conversations on here. I am not naming anyone specifically, as that is not necessary. If you read this and it angers you, guess what?

OPEN-MINDED: "I read everyone's comments and attempt to respond intelligently, defending what I believe and why"

NARROW-MINDED: "NO, you are WRONG. I WILL NOT LISTEN TO YOU. I am right and you are wrong, because I know I am. I don't have to prove it to you. You are an idiot. All my friends know I am right. I only want to talk to them, not to you anyway, so go away."

[demsux]

Case in point.

Because I think dipstick is a twit, that makes me a porno fan...nice try.

[UCANSEE2]

My, My, My. Thank you for your response. You proved a point.