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Before I get funny, let me say for the record, the murder of little Danielle van Dam was truly tragic. Every time I saw her mother cry on TV, I cried. Every time. The Westerfield case isn't my first high profile murder trial. I wrote and produced the sit-com “My Sister Sam,” which starred Pam Dawber and 21-year-old newcomer, Rebecca Schaeffer. July 18, 1989, Rebecca was stalked and murdered by an obsessed fan, Robert Bardo. Thus began my friendship with Rebecca’s parents, which led to my attending her killer's trial with them every day. Marcia Clark happened to be the prosecuting attorney. Bardo’s trial was one of the very first broadcasts on the then-fledgling Court TV. What I learned from that experience is -- there's no way to be involved with a newsworthy case during the day and not be extremely curious about how the media reports that case that night. HOW TO BE A GOOD JUROR On Day One, the Westerfield judge claimed he was reluctant to do it, but he decided to give We The People what we wanted and by allowing the dastardly cameras into his courtroom. But he warned all future Johnny Cochrans and/or Kato Kaelins they were “forbidden from selling your book or movie about this trial until sixty days after the case is concluded.” Translation: Everyone involved, even a man named Mudd, was going to get his fifteen minutes of fame and the promise of a brighter future that only fame could bring. Judge Mudd, who has a folksy style, then instructed the non-sequestered jury – “Pay no attention to the media coverage of this case. Instead of watching TV, read a book . . . if you remember how! If you must watch TV, watch nature shows or worse, a Padres game. Don't read the newspapers, nor surf the Internet. Don’t listen to talk radio. On the weekend, if you're lucky
enough to be sunning yourself at one of our beautiful San Diego beaches,
and the Goodyear blimp flies over with news of this trial printing out
in little red lights on the side, immediately stick your head in the sand
or dive under the waves and stay there!
Even in the privacy of your own
mind, don't speculate about the case. Don’t form any opinion!
Don’t start forming an opinion until I tell you that it's time to Start
Forming Your Opinion. If an opinion accidentally starts to form into
your mind, like, Maybe Westerfield didn't do it, slap yourself silly and
hum Kumba Ya over and over till your mind is once again blank!”
REALITY CHECK Like most normal people, my day starts with Katie Couric and ends with Jay Leno. I've been watching continuous news coverage continuously ever since the Gulf War. And during the commercials I check the web for news. If I'm separated from continuous news coverage for more than 12 minutes, I break out in hives. Normally, by the time Tom Brokow reports a new suicide bombing in Israel, I'm heckling the set, “Tom, that headline is soo an hour ago!” MY PLAN TO REVAMP THE JURY SYSTEM GET REAL! Flip the whole antiquated fake See no media, Speak no media, Hear no media thing on it ear. The jury is representative of The People; why shouldn't they be allowed to act like people? · Starting at noon on Day One of the testimony, my Jurors would convene to a private conference room where they'd be served a lovely lunch and immediately begin discussing the day's testimony over tuna sandwiches, just like the rest of us. · My jury would operate more like a college study group, eventually becoming experts on the case, just like me! · My jurors would be free to form an opinion and then change that opinion from day to day as the evidence is presented and challenged, just like the rest of us. · My Jury room would be filled with the all latest newspapers and magazine containing articles on the case. Reading would be encouraged. · A web connected-computer with big screen projection would allow jurors to surf the Union Tribune or Court TV’s Calif. v. Westerfield web sites, view timelines, or replay videos of witnesses! · Written transcriptions would only be used as an adjunct to video playbacks of testimony; so the Jury can look the witness in the eye (a time-tested method of detecting falsehood). PAY NO ATTENTION TO REALLY SIMILAR CHILD ABDUCTION CASES I know Judge Mudd gave the Jury strict instructions not to compare Danielle's murder to the very similar crime that just took place in Orange County. But flipping between “Arctic Sea Otters” and “Antiques Roadshow,” what if a juror accidentally clicked past what they thought was a video of Danielle van Dam’s recovery sight, which turned out to be Samantha Runnion’s recovery site? As long as the cat's out of the bag, I was just wondering if the DA could humor me just for a second. I cant be the only San Diegan who's thinking as long as we've got all our DNA and they've got all Alejandro Avila’s DNA, how much trouble would it be to rule Avila out as the killer of Danielle? Is the DA afraid ordering that comparison test would send a message to the citizens of San Diego that says “We're not positive Westerfield did it”? I just want to feel better. Do you think the DA would grant me this wish even though the scenario is far-fetched? Hey the Westerfield scenario is far-fetched too! DUTY CALLS In the middle of my gavel-to-gavel Westerfield watching I got a summons to report for Jury Duty at the San Diego Courthouse. During my pre-juror interview I plan to ask them: Has any juror ever burst from the stress of keeping her mouth shut about the case or gone insane from complete instant media withdrawal? Has the Court ever considered that these restrictions on normal life might constitute cruel and unusual punishment? Even if you don't OWN a TV, there are now TV screens on billboards, gas pumps and better pay toilets everywhere! So unless you're sequestered, bound, and gagged in some Tibetan monastery, you cannot avoid the media! If now, after eight weeks, those Westerfield jurors are truly still media virgins -- they ought to elevated to sainthood! ### Ms. Miller is an Emmy-winning writer-producer. |