Judge hearing case of slain San Diego girl scolds reporters
By The Associated Press
05.08.02
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SAN DIEGO — A judge criticized reporters yesterday for what he called a "lurid" obsession with the lifestyles of the parents of a slain 7-year-old girl and the man accused of killing her.
Superior Court Judge William Mudd ruled that court documents concerning lifestyle issues would remain sealed in the case of David Westerfield, who is accused of kidnapping and murdering Danielle van Dam. Attorneys are to argue the matter today in a closed hearing.
"The media in this community apparently cannot exercise restraint," the judge said. "The right of a fair trial to both sides in this case is paramount to the public's lurid interest."
Mudd said news media reports on the lifestyle issues could taint potential jurors, even though they may never be heard at trial.
The judge said he returned from a visit to San Jose over the weekend to see reports in the Sunday, May 5 newspaper and on a television station about people who engage in "swinging," in which spouses have sex with other couples. The San Diego Union-Tribune ran a lengthy story May 5 on swinging that referred to Danielle's disappearance.
The Union-Tribune and other local media outlets are fighting to have all motions in the case unsealed and open the hearings to the public.
"Courts have repeatedly said that in a community the size of San Diego that it's virtually impossible not to find 12 people who can fairly judge a trial regardless of what the media prints or broadcasts," Guylyn Cummins, an attorney for the media outlets, said after yesterday's court hearing.
Unsubstantiated rumors of swinging have swirled around the van Dam case since shortly after Danielle vanished in early February from her bedroom in the family's north San Diego house. Volunteers found the girl's nude body along a rural road three weeks later.
The van Dams repeatedly have declined to comment on their lifestyle.
At a preliminary hearing in March, Danielle's mother, Brenda van Dam, testified that Westerfield, who lived two doors away, often hosted "adult parties" and barbecues and invited the van Dams to participate.
Under cross-examination, defense attorney Steven Feldman suggested she and her husband were swingers, but the judge ruled the line of questioning was irrelevant.
Yesterday, Deputy District Attorney Jeff Dusek said he believes the girl was sexually abused and may have been suffocated before she was dumped beside a road east of San Diego. Medical examiners were unable to determine a cause of death, but autopsy photos show that several of Danielle's front teeth were missing, suggesting they were knocked out, possibly during suffocation, Dusek said.
Investigators found traces of Danielle's hair, fingerprints and blood inside Westerfield's 35-foot Southwind motor home.
The twice-divorced 50-year-old engineer has pleaded innocent to charges of murder, kidnapping and possession of child pornography. Selection of 12 jurors and six alternates is scheduled to start May 17.
This week, Mudd is considering several motions, including what testimony can be allowed at trial. He will allow attorneys to question Danielle's parents about their drug use the night she disappeared and later will rule on whether child pornography found in Westerfield's home can be admitted as evidence.
Brenda and Damon van Dam have admitted smoking marijuana and drinking in the hours before they discovered their daughter missing on Feb. 2.
Also today, the judge is to hear arguments about thousands of photographs and other images depicting nude girls found in Westerfield's home that prosecutors want to introduce at trial.
Westerfield's attorneys argue the misdemeanor pornography charge is unrelated to the rest of the case and should be tried separately. Prosecutors say the images are evidence of Westerfield's motive and fed fantasies that culminated in kidnapping and killing Danielle.
One particularly brutal image depicting the rape of a young girl "comes as close to a game plan as we will ever see," Dusek wrote in court documents last month.
Update
Judge refuses to sequester jury in California murder trial
Court rejects defense's argument that jurors need to be shielded from intense media coverage, but judge says he will crack down on press.
08.16.02
Previous
News media win bid to televise California murder trial
But judge in Danielle van Dam case extends gag order, denies request to unseal search-warrant documents.
04.19.02
Related
California judge refuses to unseal van Dam hearing transcripts
William Mudd also bristles at editorial decrying his decision to expel journalist from court: 'I had no idea that in this community, I was the Saddam Hussein of the First Amendment.'
08.20.02
Judge won't lift photo ban in van Dam murder trial
William Mudd refuses to overturn eviction of pool photographer, saying picture of victim's parents violated California court rule barring photos of trial spectators.
08.29.02
