[Mrs.Liberty]

From kfmb (cbs) website:

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JUDGE ISSUES GAG ORDER IN DAVID WESTERFIELD CASE

(03-08-2002) - A judge has issued a gag order in the David Westerfield case.

The four-page order from Superior Court Judge H. Ronald Domnitz prohibits attorneys for both sides, their agents and experts, and law enforcement personnel from furnishing statements of information for the purpose of influencing the outcome of the trial.

Attorneys for the man charged with Danielle van Dam's death were in to court Friday morning to ask the judge to issue a gag order in the case.

Feldman originally made the request during Westerfield's arraignment, but the judge said it was too early to make such a call.

The defense argues a gag order is needed for a fair trial.

Meanwhile, Westerfield's jailhouse visit from two detectives is causing a lot of trouble. The visit was neither authorized nor ethical according to legal experts.

In a six-page motion filed by Feldman, he accuses the two San Diego detectives of "outrageous, impermissible conduct."

"Let the case be tried in the courtroom not on the streets of San Diego," said Feldman to a crowd of media outside Westerfield's February 26 arraignment.

Last week Feldman criticized the media, saying that all the news coverage would hurt his client's chance at a fair trial. Now, Feldman is attacking the cops, and it appears he has every right to do so.

San Diego police admit two of their detectives tried to visit Westerfield in jail without asking for Feldman's permission. In fact they didn't even ask prosecutors if it was okay.

"It's a clear violation of the United States constitution," said Defense Attorney Bill Nimmo, a well-known defense attorney in San Diego. He's not involved in the Westerfield case.

"Whether their mistake was a rookie mistake or whether it was some calculated intent we don't know but it was certainly wrong and it is going to come back to haunt them the law enforcement end of this at the trial stage."

In a written statement, Captain Ron Newman, the man in charge of the detectives on the case said, "It did happen. It is inappropriate once someone is represented to make contact with him. We will have no further comment and it is something we have handled internally."

Police admit they messed up, but they say their detectives didn't even talk to Westerfield. Meaning the slip up won't effect the strength of their case.

Nevertheless, Feldman is taking a whack at their credibility. He demands the courts "prohibit further outrageous governmental misconduct."

Westerfield is scheduled to be back in court Monday, March 11 for a preliminary hearing.

[spectre]

Good, now we can all relax till Monday.

sw

[MizSterious]

If you haven't seen it already, be sure to see post #120 by Mrs.Liberty!

[Amore]

The four-page order from Superior Court Judge H. Ronald Domnitz prohibits attorneys for both sides, their agents and experts, and law enforcement personnel from furnishing statements of information for the purpose of influencing the outcome of the trial.

Interesting language. I wonder if this is the language the judge uses. Does his order mention the Van Dams? As this is written, it doesn't include the Van Dams. Technically, they are not on a "side," the case is the State v. Westerfield. Nor are they agents or experts of the state, nor are they LEOs. It's probably a moot point since they're not talking anyway . . . .

[Amore]

"Whether their mistake was a rookie mistake or whether it was some calculated intent we don't know but it was certainly wrong and it is going to come back to haunt them the law enforcement end of this at the trial stage."

Not if this judge is semi-decent and/or has a few more brain cells than Judge Ito. Since the police didn't talk to Westerfield, there was, as someone here has said, "no harm, no foul." It is irrelevant and no competent judge would permit this "evidence" to go to the jury.