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Westerfield Transcripts Unsealed

Sidebars Will Not Be Released

POSTED: 3:17 p.m. PST January 6, 2003
UPDATED: 3:28 p.m. PST January 6, 2003

Three days after David Westerfield was sentenced to death, the judge in the case ordered thousands of pages of sealed transcripts released to the media and the public.

Danielle van Dam, David Westerfield
WESTERFIELD TRIAL
DANIELLE VAN DAM 1994-2002
The sealed documents -- which include motion pleadings and rulings by the court -- will be available by next Monday, Superior Court Judge William Mudd said.

Audio and video tapes introduced into evidence at Westerfield's trial can be copied and released to the media, the judge said.

But Mudd stopped short of a media request to release all "sidebar" conferences between him, prosecutors and Westerfield's attorneys

"I simply will not do it without a (higher) court order," Mudd said. "It goes too far."

The judge told media attorney Guylyn Cummins that he had just been assigned to a new high-volume department and going through the record to locate and copy all "sidebar" meetings would be too great a strain on him and his staff.

"It would be unheard of in this state," Mudd said.

Westerfield, who is on his way to San Quentin's Death Row, was at the hearing in a green jail outfit. Through attorney Robert Boyce, he successfully argued that he not be videotaped.

Westerfield spent the hearing out of camera view, in an area where prisoners wait for their court appearances.

He agreed to waive his presence for future restitution hearings. Prosecutor George "Woody" Clarke said Westerfield owes $81,571 to the family of Danielle van Dam and $9,703 to the state Victim's Compensation Board.

Prosecutors said they would make a copy of audio and video tapes in the case and release them to the media.

Mudd said he would not release any "Pitchess" material involving the conduct and background of law enforcement officers.

The judge said information about county funding of Westerfield's defense, along with juror information, will be withheld.


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