Defendant's Lawyers Argue Documents Should Remain Sealed
It has been seven weeks since David Westerfield, 50, was booked on charges of kidnapping and killing the second-grader from Sabr
e Spings. But the information that led police to seek search warrants in the case is still under court seal.
News media requests for the affidavits police filed to obtain the search warrants were rejected last month by the trial judge. Tuesday, attorney Guylin Cummins appealed that decision to the 4th District Court of Appeal. Three judges listened to Cummins argue that the public's right to know the details of the judicial process outweighs concerns by defense lawyers that Westerfield will get a fair trial.
"All search warrant materials that are relied on by the court are to be released as judicial records, once the warrant's returned," Cummins told the court. "That has been codified into the court rules by the Supreme Court, I believe a year ago."
The justices questioned whether the information in the sealed documents would prejudice the objectivity of potential jurors in San Diego. They also asked whether there was any point in releasing the document since so much information about the investigation and the evidence in the case came out during Westerfield's preliminary hearing, which was televised.
But a member of Westerfield's defense team, Laura Schaefer, argued that the affidavits contain undisclosed information and that most of it is inadmissible in court. She said the case has received such widespread coverage that it may not be possible to find an unbiased jury anywhere in California if the affidavits are released. She said that Westerfield would be best served by having the case tried in San Diego.
"Essentially, I don't think the public has a right to discuss it," Schaefer told the court. "What's going to happen is, this is going to be discussed again and again on the news. Some of the matter, although it has been released, is clearly inadmissible and should not have been released.
"Mr. Westerfield's right to receive a fair trial in this case, in which his life is potentially at stake, is balanced against the public's right to know, and to discuss this case on the 6 o'clock news," Schaefer said. "I would suggest that that's a pretty easy call."
Westerfield's attorneys will return to court tomorrow to ask Superior Court Judge William Mudd to allow them to review personnel records of 13 officers involved in the investigation. The defense attorneys argue in court papers that two detectives who interrogated Westerfield have a past that includes allegations of "excessive force and dishonesty."
Cummins, on behalf of the media, will ask Mudd to reconsider his ruling ordering all pretrial motions sealed until May 6. She also will ask the judge to lift a gag order in the case, and lift an order barring TV coverage of pretrial proceedings.