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Attorneys Establish Sentencing Schedule Before Westerfield Verdict

Aired August 21, 2002 - 13:59   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


CAROL LIN, CNN ANCHOR: Let's go right away to San Diego, where the Westerfield verdict is about to be known to the world any second now.
CNN's James Hattori is there, and we are listening in to the judge.

(JOINED IN PROGRESS)

JUDGE WILLIAM MUDD, SAN DIEGO COUNTY SUPERIOR COURT: ... that tomorrow will be spent on the sealed and filed motions dealing with what -- penalty phase evidence the court is going to allow or disallow, that Friday be dark, and that we start the penalty phase on Monday. That would give -- everyone basically four days -- Mr. Dusek.

JEFF DUSEK, PROSECUTOR: My solution would be to switch tomorrow and Friday. We have just received the motions. We are trying to prepare our responses for them. I'm not sure we can have anything prepared and to the court by this afternoon.

If the court could give us until Friday, or to have a hearing on Friday, we could hopefully get something to the court tomorrow to review, and then, if we get the witnesses, have that start on Monday.

MUDD: All right -- Mr. Feldman.

STEVEN FELDMAN, DEFENSE ATTORNEY: Your honor, we have at least 10 out of state witnesses, not including those that are the subject matter that the court was just addressing. There is litigation that is due to commence tomorrow in another state, specific to an issue relevant to our case, which I would request the court permit me to address either the court or counsel out of the presence of the media because it will relate to admissibility versus non-admissibility of evidence, unless you want...

UNIDENTIFIED MALE: (UNINTELLIGIBLE)

MUDD: I know where you are headed, because obviously I have signed some of the orders that are involved, but -- so what I would like is a bottom line, so that I can get...

UNIDENTIFIED MALE: We are requesting one week from today to commence.

MUDD: Mr. Dusek? DUSEK: I think that is too far. We are ready to go on Monday. We obviously have out of state witnesses also, that no arrangements have been made yet, but arrangements can be made, and they can be produced. This jury -- assuming we get this far was given a time limit as to when they would be done, and I think to extend it any further than we have would be unfair to them and not harm the defense.

UNIDENTIFIED MALE: Just as matter of due process, your honor, we filed requisite motions. We have not been provided...

LIN: All right. Right now, I just want to explain very quickly what's going on. The verdict has not yet been read in the David Westerfield murder trial. There is discussion now between the judge and the defense and prosecuting attorneys as to how to proceed, if in fact, it is a guilty verdict.

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