Judge won't lift photo ban in van Dam murder trial
By The Associated Press
08.29.02
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SAN DIEGO — No photographs will be taken during the penalty phase of the David Westerfield trial after a judge refused Aug. 27 to overturn the eviction of the only still photographer allowed in court.
Superior Court Judge William Mudd banned still photos because a photographer for The San Diego Union-Tribune took a picture of Brenda and Damon van Dam reacting as Westerfield was found guilty on Aug. 21 of kidnapping and murdering their 7-year-old daughter, Danielle.
A California court rule prohibits photos of spectators in a trial. The photographer, who was the only one in court for the two-month Westerfield trial, previously avoided photographing the van Dams or others in the court gallery.
Mudd rejected the Union-Tribune's argument that it believed the van Dams were not really spectators but witnesses who testified at the trial and therefore could be photographed.
"This photographer knew (the rule) ... He's been around," the judge said. "The argument that he didn't understand is cow manure."
Video and audio coverage will continue to be allowed during the penalty phase, which began yesterday. But Mudd said still photographers would be detained, and their equipment confiscated, if they are seen on the third floor of the courthouse in downtown San Diego.
A lawyer for the paper, Guylyn Cummins, said it would consider appealing to a higher court or asking the judge to reconsider. "My impression with this judge is that it would be futile," Cummins said.
In a statement, Union-Tribune Editor Karin Winner said the paper "did not knowingly violate" the court rules.
"His broad interpretation of what a 'spectator' is differs from ours," Winner said. "Webster's dictionary says a spectator is 'a person who sees or watches something without taking an active part, an onlooker.' We believe the van Dams are far more than that."
Mudd has sought to tightly control coverage of the case. He repeatedly rejected attempts by the Union-Tribune and other news media to release transcripts of more than a dozen closed-door hearings. He also barred lawyers, the van Dams or anyone else connected to the case from speaking to reporters.
The Union-Tribune photographer who was allowed in court, Dan Trevan, acted as a pool photographer, meaning his images were shared with the Associated Press and other news outlets.
Trevan's photo of Brenda van Dam sobbing into the shoulder of her husband as the first of three guilty verdicts was announced appeared on the front page of the Union-Tribune, in other newspapers and on the Internet.
The van Dams are expected to testify during the penalty phase of the trial. Their daughter vanished from her bedroom after Damon van Dam put her to bed on Feb. 1. Her body was found along a rural road nearly a month later.
Previous
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
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