(04-15-2002) - A number of court developments are taking place in the David Westerfield murder case. The defense requested the personnel files of 13 San Diego police officers.
City Attorneys have filed a response to that request and are arguing against it.
They say there isn't enough cause to disclose those records.
An attorney for several San Diego media agencies, including LOCAL 8 news, will be heard Thursday morning on a flurry of access issues regarding the Westerfield case.
Citing more than 50 cases, media lawyers say several decisions handed down by the court need to be lifted.
Five TV stations, two newspapers and the Society of Professional Journalists are challenging three orders-- the court's sealing of all pretrial motions from public view until May 6, the gag restrictions placed on trial lawyers and participants and the denial of camera access to all pre-trial proceedings in the Westerfield matter.
"This is a trial that people are clearly interested in and yet, our access is being severely restricted and I think we need to fight to maintain that access," said LOCAL 8 News Director Fred D'Ambrosi.
The veteran TV news director says he's been shocked by the judge's orders in the case, which has also received nationwide publicity, in addition to gavel to gavel coverage in San Diego.
"I haven't seen these kinds of restrictions. And certainly, in the time I've been in San Diego and the 25-years in the business, I can't think of a local trial that's been more restrictive, which is particularly ironic because I've never seen more interest either from the media or the public," explained D'Ambrosi.
Attorney Guylyn Cummins, who is representing media agencies, including LOCAL 8 news, is arguing that the public is "tremendously interested in this case and it raises issues of critical public importance that they are entitled to see," such as the death penalty, capital punishment, convictions based on DNA evidence and pedophilia.
"I guess I'm a little bit concerned when I see orders like this that just blanketly seals all motions in a case when the First Amendment prohibits that," said Cummins.
Cummins also argues the press is unaware of any evidence that electronic trial coverage will interfere with the rights of Westerfield.
The hearing, before Judge William Mudd, will take place at 8:30 a.m. on Thursday.