Criminal
Jul. 25, 2002
Lawyers, Judge Mull Rebuttal Witnesses
SAN DIEGO - Because the jury in the kidnapping and murder trial of David A. Westerfield had a day off, prosecution and defense attorneys went behind closed doors Tuesday with Superior Court Judge William D. Mudd to discuss potential rebuttal witnesses.
Mudd denied a media request to attend the arguments about rebuttal witnesses, saying matters would be discussed that might never be admitted into evidence.
He said the news media couldn't distinguish "the forest from the trees" when it came to providing relevant trial information to the public.
The judge added a touch of humor to his denial by inviting the media to attend arguments Friday about jury instructions, a notoriously dull procedure.
Westerfield is charged with kidnapping and murdering neighbor Danielle van Dam, 7, in the northern San Diego community of Sabre Springs. Early Feb. 2, Danielle's parents found she had vanished from her second-floor bedroom. Westerfield was arrested Feb. 22 and has been held without bail since then. He refused to waive his right to a speedy trial, and opening statements in his trial began June 4.
Danielle's nude body, partially decomposed and ravaged by animals, was found Feb. 27 in an illegal trash dump beside Dehesa Road east of El Cajon.
Before the judge closed the doors Tuesday, defense attorneys said they remain uncertain whether they will call more witnesses. If they don't, the prosecution's reply to the defense case could begin Wednesday and require 11/2 days to present, Deputy District Attorney Jeff B. Dusek told Mudd. Defense attorney Steven E. Feldman estimated the length of rebuttal at one day.
Claude Walbert
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