When will the court grant a motion to add child pornography to the murder and kidnapping charges against Defendant?

California, United States of America


The following excerpt is from People v. Westerfield, 243 Cal.Rptr.3d 18, 433 P.3d 914, 6 Cal.5th 632 (Cal. 2019):

Second, as demonstrated by our extensive summary of the relevant proceedings, the record reflects that the trial court carefully and repeatedly addressed the potential impact of media coverage, peer pressure, and public sentiment by ordering the jurors to avoid any publicity regarding the case, admonishing them concerning their duty to decide the case solely based on the evidence presented, inquiring about the impact of outside influences on their ability to be fair and impartial, and crafting when necessary methods by which outside influences could be reduced or avoided. Defendant has not pointed to anything in the record suggesting that the jurors failed to abide by the courts orders and admonishments or misrepresented their continued ability to decide the case fairly on the trial evidence alone. "[W]e cannot assume on a silent record that they ignored [such orders and admonishments] and were exposed to prejudicial material." ( People v. Ruiz, supra , 44 Cal.3d at p. 617, 244 Cal.Rptr. 200, 749 P.2d 854.) Indeed, the trial court expressly noted at one point that it had "every reason to believe [the jurors were] abiding by the courts orders." Certainly, in the absence of any evidence that the jury was materially affected by the publicity and interest that this case generated, we cannot say there was any "substantial likelihood" that defendant did not receive a fair trial, as defendant urges.

[6 Cal.5th 684]

5. Joinder of the Child Pornography Charge with the Murder and Kidnapping Charges; Denial of Defendants Motion to Sever

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