Jury indicates deadlock before unexpectedly reaching verdict

Monday, Sept. 16, 2002 | 11:34 a.m.

Jurors deciding whether David Westerfield should be sentenced to death or life without the possibility of parole sent three notes to the judge Monday, first saying it was deadlocked and later announcing it had reached a verdict.

- 11:45 a.m., Superior Court Judge William Mudd receives a note from jury foreman saying, "We are unable to reach a unanimous verdict at this time and would like further guidance." Mudd sets a 1:30 p.m. hearing to consider options.

- 1:25 p.m., judge receives note from foreman saying earlier note should be disregarded. Jurors want more time for deliberations.

- 1:35 p.m., judge receives note saying jury has reached a verdict. He describes the chain of events to those in the courtroom.

- 1:45 p.m., judge calls jury into court. Jurors are polled after verdict for the death penalty is read. One juror, a San Diego County employee, broke down and had to leave the room to regain her composure.

Defense attorney Steven Feldman immediately called for a mistrial, arguing the jurors had deliberated when they weren't supposed to be in session.

"It's our view that that's a direct breach of the court's order, and we move for a mistrial as a result of that breach and disregard of the court's explicit orders to the contrary," he told Mudd.

Prosecutor Jeff Dusek said there were no grounds for a mistrial.

"... It sounds like from the description the court gave us, that they acted properly and well within the confines of the law," he said.

Mudd rejected Feldman's motion.

Bill Nimmo, a San Diego attorney and legal analyst for KFMB-TV, called the change in jury announcements "a very bizarre change of circumstances."

Nimmo said the defense probably would look closely at the deliberations for grounds for an appeal.

The note indicating the jury wanted more time to deliberate came at 1:25 p.m., when the panel technically was still at lunch, he said. The note indicating they'd reached a decision came 10 minutes later.

The defense likely will investigate the proceedings to determine whether any of the jurors felt unduly pressured to conform, Nimmo said.