Judge Allows Danielle's Dad Back In Court: (Damon was banned for MAD-DOGGING Westerfield!)

North County Times-San Diego ^ | July 13, 2002 | Kimberly Epler

[MizSterious]

They've already cross examined the friends of the VD's--remember the barflies the prosecution called during the first few days? And when it comes to the neighborhood "friends"--could it be because they don't have any friends in the neighborhood? The prosecution had every opportunity to load up the trial with people singing the vD's praises, but only came up with people who had only seen them a couple time, or the barflies.

[bvw]

[On the jury asking questions] I kind of like the idea if the question goes to the judge and both sides "approve" it.

I agree with that idea.

[bvw]

There were a few cases, about twenty years ago) in the Philly suburbs (not related to sex, btw) where nursery school pets (rabbits) were viciously killed. Strange. I don't remember that they were solved.

[gigi]

Well rabbits are more reasonable to believe than elephants, giraffs (sp?) and gorillas blood. LOL!

[Jaded]

BTW that's the least of San Diego County, as I'm sure you're already aware. Then there's the Crowe Case in Escondito. That investigation was turned over to the SD Sheriff's Department and the AG is prosecuting. Overzealous prosecutors and pd or what?

[MizSterious]

Not according to some here. To hear some people tell it, if the police accuse you of something, you must be a dirtbag in the first place. Even if you didn't do it, there must still be something wrong with you or the cops wouldn't have focused on you. Being "creepy" might be enough reason, or sweating, or cooperating, or not cooperating. And on and on.

The American justice system is in deep trouble, if this board is representative of the rest of the country.

[bvw]

It is, and the drug war, as much as anything is to blame. The drug war being the modern incarnation of the Temperance movement, which replaced individual responsibilty with "social" laws that restricted activites and mere possesion of things on the grounds that those activities and things are sometimes, even often, dangerous, while leaving no allowance for appropriate use by responsible people.

Are prisons are full of people who have never committed a felony -- by the truer and older understanding of what that word means.

Here in this case, mere possesion of pornography -- with no evidence, testimony as to how it was used -- is compelling enough for many to hang a man. We used to distinquish violations of soical mores from criminal felonies, but now the chamberpot also serves as the soup pot -- in our criminal law, every "social" violation is in it.

"Temperance" meant that the individual was subsumed to society, and failure to toe a current social line means one is felonious, that social "feelings" weigh more than evidence and the testimony of reliable witnesses.

Twas, once in a golden era in that regard, that the individual was king of his own actions and responsibility. That other men and women respected the individual, even when he colored outside of the normal social lines. As long as no violence was done, no contracts broken, no thefts occurred. No longer.

Coloring outside the lines is now adequate indication of evil. Yes, Mr. Westerfield, you shal be hung for closing your curtains, for driving around at whimsy, for leaving you house out -- those are serious social violations, Mr. Wesetrfield and society can no longer abide your life within it.

[hoosiermama]

Thanks for your effort. However, without a copy of the California Code infront it me, having the section and/or paragraph numbers is of little value. We need a California lawyer or a CA law library..

[rolling_stone]

http://www.leginfo.ca.gov/calaw.html

http://california.lp.findlaw.com/ca01_codes/index.html

[demsux]

Is this the current thread??? I've been out of town and my internet connection failed me (so I had to golf, go to the beach, dine out, etc.).

[Freedom2specul8]

Thanks I forgot about this one!!

bookmarked
http://www.leginfo.ca.gov/calaw.html

[Freedom2specul8]

The court rules and statutes are the important stuff for trial procedures..

[Henrietta]

Argh, I'm not a trial attorney, so I really don't know the answer to this question. Also, different states may have different statutes as to this sort of procedural question. Sorry I'm not much help here!

[Freedom2specul8]

The numbers or title of the section (ie rebuttal) in question helps you research..

[Freedom2specul8]

Have you met Amore yet? She works in appeals and was quite a benefit to the threads....Amore, meet Henrietta.

Henrietta, did you say you were getting read to take the exam or just took it?

[Henrietta]

Wow, great post! I so agree with everything you wrote, except that last part about our fellow citizens and their common sense. Anyone charged with a crime can count on a jury biased toward the prosecution, because our fellow citizens seem to overwhelmingly believe that one who is arrested and charged with a crime is guilty.

[demsux]

Kim,

I saw your post about "who the LE leaker is?"

I am still wondering how this leaker knew some of the "inside information", that the VD's had not yet revealed to LE.

IMO, the leaker was somehow "close" to this close knit group of friends, tho not necessarily "part" of the group.

This brings me to BRENT BALLARD of the Chula Vista Police department. The last name of BALLARD shows up on "former name" on BARBARA EASTON'S real estate license info. posted here before by Fres.

Could Officer Ballard be BARBARA (BALLARD) EASTON'S BROTHER, COUSIN, ETC? Maybe Officer Ballard is the leaker or maybe he confided what he had heard from Barb to a fellow LEO.

If she was going to be questioned, don't ya think she would have called someone she knew in LE, in order to "know how to act"

[Henrietta]

I'm admitted to practice in two states already; getting ready to take the exam in a third.

[Freedom2specul8]

Congratulations for the third exam!

[Henrietta]

Kimmie, don't congratulate me yet, I haven't yet passed it...maybe some luck would be in order?