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Judge Mudd Boots Photographers From Courtroom

Westerfield Faces Death Penalty

POSTED: 1:16 pm PDT August 23, 2002
UPDATED: 5:29 pm PDT August 23, 2002

The judge in the trial of the man convicted of killing 7-year-old Danielle van Dam said Friday he would ban still photographs from the remainder of the proceedings because a photographer violated courtroom rules by taking a picture of the girl's grieving parents.

Danielle van Dam, David Westerfield
WESTERFIELD TRIAL
DANIELLE VAN DAM 1994-2002
Superior Court Judge William Mudd made no mention of the live video and audio feed that broadcasters have used to provide gavel-to-gavel coverage of the trial of David Westerfield. The video feed did not show Danielle's parents, Brenda and Damon van Dam.

Mudd objected to a photo taken Wednesday by Dan Trevan, a photographer for The San Diego Union-Tribune, which showed Brenda van Dam sobbing into the shoulder of her husband as the first of three guilty verdicts was announced.

The judge earlier had said photos could not be taken of the audience in the courtroom and his ban otherwise had been respected.

"There has been a direct violation of the rules of the court," Mudd said Friday.

Video
The judge allowed only one still photographer in the courtroom for the two-month trial. In agreement with other media, Trevan was selected and his photos were distributed to The Associated Press and other news outlets around the world.

The photo of the van Dams appeared on the front page of the Union-Tribune and other newspapers, and on the Internet.

The Union-Tribune said it would comment on Mudd's ruling after consulting with its attorney.

The newspaper and other media will have a chance to challenge the decision at a hearing Tuesday.

The penalty phase of the trial, in which jurors will decide whether Westerfield should be executed for the kidnap and murder, is to begin Wednesday.

Mudd has sought to restrict media coverage of the proceedings. He issued a gag order that bars lawyers, family members and anyone else connected to the trial from speaking about the case. He also has refused to release transcripts of more than a dozen closed-door sessions in the case despite legal challenges from the Union-Tribune and other media.

Last week, he evicted an assistant radio producer from the court after the host of her program revealed details of a closed-door hearing on the air.

That prompted the Union-Tribune to write an editorial accusing Mudd of "egregiously" overstepping his constitutional authority.

"If Mudd is allowed to toss out one member of the news media arbitrarily, he can ban any or all journalists from his courtroom arbitrarily," the newspaper wrote. "Nowhere in the Constitution, or California law, does it give a judge the right to retaliate against reporters because he doesn't like their coverage."

Also Friday, Mudd took under submission a defense motion to stop prosecution witnesses from testifying during next week's penalty phase.

Under the law, prosecutors can introduce evidence of past criminal acts of violence or force committed by the defendant. Mudd will announce his rulings after a 1:30 p.m. hearing Monday.


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