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
SAN DIEGO -- 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.
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.
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.
![]() WESTERFIELD TRIAL DANIELLE VAN DAM 1994-2002 E-mail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150 |
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Previous Stories:
- August 22, 2002: Westerfield Lawyers Gearing For Sentence Fight
- August 21, 2002: David Westerfield Found Guilty On All Counts
- August 21, 2002: San Diegans React To Westerfield Verdict
- August 20, 2002: Westerfield Jury Still Talking It Out
- August 20, 2002: Westerfield Jury Enters Day 9
- August 19, 2002: Westerfield Jury: No Decision After 8 Days
- August 19, 2002: Westerfield Trial Jurors Back To Work
- August 16, 2002: Jury Goes Home; Asks For More Evidence
- August 15, 2002: Day Six Of Deliberations Offers No Verdict
- August 15, 2002: Jurors Continue Poring Through Evidence
- August 14, 2002: Westerfield Jury Into Fifth Day
- August 13, 2002: Westerfield Jury: Four Days, No Decision
- August 13, 2002: Judge Denounces Talk Show 'Idiots'
- August 13, 2002: Jury Asks For Westerfield Interview
- August 13, 2002: No Decision From Westerfield Jury
- August 12, 2002: More Westerfield Search Warrant Affidavits Released
- August 12, 2002: Westerfield Jury Resumes Deliberations
- August 9, 2002: Westerfield Jury Goes Home After Half-Day
- August 8, 2002: Westerfield's Fate In Jury's Hands
- August 8, 2002: Radio Producer Kicked Out Of Westerfield Trial
- August 8, 2002: Westerfield Trial Close To Finishing
- August 7, 2002: Feldman Decries 'Sinister Spin'
- August 7, 2002: Dusek: Westerfield 'Guilty Of Ultimate Evil'
- August 6, 2002: Dusek: Westerfield 'Guilty To The Core'
- August 6, 2002: Dusek: The Case Is Simple
- August 2, 2002: Westerfield Trial Close To Wrapping Up
- August 2, 2002: Westerfield Defense Set To Rest Case Tuesday
- August 1, 2002: Another Entomologist Takes Stand In Westerfield Trial
- July 31, 2002: Westerfield Trial: Bug Expert Challenges Defense
- July 30, 2002: Westerfield Jury May Be Sequestered
- July 29, 2002: Westerfield Trial Could Last Into Next Week
- July 25, 2002: Expert: Danielle Had Been Dead 4-6 Weeks
- July 25, 2002: Mudd Threatens To Kick Cameras From Courtroom
- July 25, 2002: Forensic Expert Counters Defense Bug Evidence
- July 24, 2002: Westerfield's Son Takes Stand
- July 24, 2002: Judge Mudd Gives Media Tongue-Lashing
- July 23, 2002: Westerfield Trial Takes Another Day Off
- July 22, 2002: Another Bug Expert Testifies In Westerfield Trial
- July 22, 2002: Westerfield Trial Resumes After 11-Day Break
- July 19, 2002: Runnion Murder Could Impact Westerfield Jury
- July 12, 2002: Motion To Unseal More Affidavits Denied
- July 12, 2002: Woman Loses Job Over Westerfield Trial
- July 11, 2002: Westerfield: Desert A 'Great Place To Dump A Body'
- July 10, 2002: Bug Expert Raises Questions About When Danielle Died
- July 10, 2002: Westerfield's Former Girlfriend Takes Stand
- July 10, 2002: Prosecution Presents New Fiber Evidence
- July 9, 2002: Questions Raised About Who Saw What, And When
- July 8, 2002: Witnesses: Westerfield, Van Dam Danced Together
- July 8, 2002: Witness: Brenda 'Dirty Danced' With Westerfield
- July 3, 2002: Westerfield Trial Focuses On Porn, Again
- July 3, 2002: Computer Porn Associated With Westerfield's Son
- July 3, 2002: Prosecution Wraps Up, For Now
- July 2, 2002: Dog Handler 'Bursting With Pride' After Westerfield Arrest
- July 1, 2002: Prosecution Asks For One More Witness
- June 28, 2002: Westerfield Defense Concerned Over Being 'Ambushed'
- June 27, 2002: Closed-Door Hearing Held In Westerfield Trial
- June 26, 2002: Porn, Motor Home Focus Of Westerfield Trial
- June 26, 2002: Jurors Tour Westerfield Motor Home
- June 26, 2002: Westerfield Computer Had 85 Questionable Images
- June 26, 2002: Porn Evidence Introduced In Westerfield Trial
- June 25, 2002: Criminalist: Fibers Connect Westerfield, Danielle
- June 25, 2002: Damon Van Dam Kicked Out Of Courtroom
- June 25, 2002: Day 12: Danielle-Like Hairs Found
- June 24, 2002: Criminalist: Blond Hairs On Westerfield Bed Sheets
- June 24, 2002: Hair Like Danielle's Found In Westerfield Bed Sheets
- June 21, 2002: DNA Expert: Danielle's Blood Found In RV
- June 20, 2002: DNA Expert: Danielle's Blood In Westerfield RV, Jacket
- June 20, 2002: Specialist: Danielle's Prints In Westerfield Motor Home
- June 19, 2002: Laundry, Videotapes, Lubricant Seized From Westerfield Home
- June 19, 2002: Trial Focuses On Evidence Collected By Police
- June 18, 2002: Forensics Specialist Collected Hairs, Necklace
- June 18, 2002: Dry Cleaners: Westerfield Distant, Rushed
- June 14, 2002: Judge Tries To Inject Levity Into Westerfield Trial
- June 14, 2002: Park Rangers: Westerfield Overpaid, Shows Wallet
- June 12, 2002: Westerfield Interview Heard; Neighbor Says Blinds Shut
- June 12, 2002: Westerfield Trial: KGTV Reporter Takes Stand
- June 11, 2002: Van Dam Friends Take Stand; Westerfield 'Creepy'
- June 7, 2002: Westerfield Trial Focuses On Van Dam Lifestyle
- June 6, 2002: Day 3: Brenda Van Dam, Dad's Bar
- June 6, 2002: Brenda Van Dam Testifies In Westerfield Trial
- June 6, 2002: Day 2: Damon Van Dam, Autopsy Photos
- June 5, 2002: Damon Van Dam Takes Witness Stand
- June 5, 2002: Cases Outlined In Westerfield Trial
- June 4, 2002: Westerfield Trial Starts; Witnesses Take Stand
- June 3, 2002: Westerfield Trial Set To Get Under Way
- May 31, 2002: Westerfield Trial Jury Selection Complete
- May 31, 2002: Westerfield Trial Scheduled To Start Tuesday
- May 30, 2002: Jury Selection In Westerfield Trial Enters Third Day
- May 28, 2002: Jury Selection Continues In Westerfield Trial
- May 20, 2002: Experts Question Speed Of Westerfield Trial
- May 17, 2002: Court To Interview 262 Potential Jurors
- May 17, 2002: Westerfield Jury Selection Under Way
- May 16, 2002: Westerfield Jury Selection Set To Begin
- May 16, 2002: Westerfield Trial Jury Questionnaire
- May 15, 2002: Judge May Make Rulings In Westerfield Case
- May 13, 2002: Westerfield Pre-Trial Still Closed
- May 10, 2002: Westerfield Trial: Pretrial Motions Remain Closed
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