SAN DIEGO -- A closed-door evidentiary hearing will be held in the David Westerfield trial Monday amid allegations by a defense lawyer that prosecutors might be planning on "sandbagging" the defense by holding back witnesses.

WESTERFIELD TRIAL Judge William Mudd Issues Death Penalty Sentence Hear Jury's Death Penalty Recommendation Watch The Jury's Verdict Being Read Share Your Thoughts DANIELLE VAN DAM 1994-2002 Watch Danielle Video Montage E-mail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150

LIVE Trial Coverage Resumes 9 a.m. Tuesday

Defense attorney Steven Feldman told Superior Court Judge William Mudd Thursday that he was afraid of being "ambushed" by Deputy District Attorneys Jeff Dusek and George Clarke if they called surprise witnesses at the last minute.

Video

Attorneys Battle Out Of Jurors' Sight

Mudd told Feldman that "sandbagging" and "ambushed" were not legal terms.

"You're calling the kettle black," the judge told Feldman. "We have rushed this case along. I'm concerned about sandbagging and ambushing by the defense."

Feldman asked for and received a private meeting with Mudd to explain his intentions.

The defense attorney told the judge he had received an e-mail from the U.S. Supreme Court, informing him that his appeal was denied regarding the unsealing of certain statements made by Westerfield to police.

Feldman had argued before a different judge that the statements should remain sealed because they were obtained illegally.

Westerfield, 50, is charged with murder and kidnapping in the February death of 7-year-old Danielle van Dam. He also is charged with misdemeanor possession of child pornography. He could get the death penalty if convicted of the felony charges.

After the closed-door hearing on Monday, Mudd will rule on whether prosecutors can call one final witness, a forensic entomologist -- a specialist in the interaction between insects and cadavers -- who could be called on to pinpoint the time of Danielle's death.

Once that is resolved and the testimony is or is not heard, the defense will begin calling its witnesses. In his opening statement, the defense attorney said the child's nude body could have been placed off a road in Dehesa as late as Feb. 16, 12 days after his client came under 24-hour surveillance by law enforcement.

Prosecutors theorize Westerfield killed the 7-year-old and dumped her body at the East County site shortly after she disappeared Feb. 2. Volunteer searchers found the girl's decomposing body on Feb. 27.

Mudd ruled that jurors would have access to two binders full of pornographic photographs -- excluding ones depicting bestiality -- during deliberations, but only if they ask to see them.

Feldman made an obvious legal tactical decision when he questioned a witness about the number of child pornography images found on Westerfield's computer, the judge said.

Mudd ruled before the trial that the jury would see only 13 to17 images taken from the computers.

Feldman -- in his cross-examination of police computer forensics examiner James Watkins (pictured, left) -- seemed to suggest that those were the only images of child pornography found on the computers.

Watkins testified that he found at least 8,000 images that he deemed pornographic. Of those, 85 "questionable" photos of underage females were discovered, Watkins said.

"The jury was badly misled," Clarke told the judge.

Mudd also denied a renewed request by Feldman to sequester the jury.

Dusek said he would ask for a delay in the trial if Feldman did not provide background information on potential defense witnesses.

Feldman said he could be done with his case by July 15.