Westerfield's Fate In Hands Of Jury: VERDICT WATCH BEGINS in Van Dam Murder Case

CourtTV ^ | August 8, 2002 | CourtTV

[FresnoDA]

Jury's hands After two months of hearing evidence, jurors have begun deliberating the fate of David Westerfield, who is accused of kidnapping and killing 7-year-old Danielle van Dam

[Kerensky]

And yet, by the 3rd day of Danielle's dissapearance, the pastor was on TV, saying how great parents the VD's were, and how valuable they were as members of the church.

The pastor was never heard from again.

The purpose of the contact with the minister was to make sure the funeral conformed to prevailing community standards. It would not do if Brenda and Damon went for their first choice: a service conducted in the name of an Earth Goddess featuring a dance by naked nature nympths.

Brenda has a job selling books to libraries - does anyone know what kind of books she peddles?

[ItsOurTimeNow]

This was on her top-ten favorite list:

http://www.amazon.com/exec/obidos/tg/stores/detail/-/books/0140243887/reader/1/ref=lib_dp_TFCV/103-4115864-5229427#reader-link

[Kerensky]

Meanwhile, DW's life is ruined, the true killer is still roaming the streets, and the VD's will continue to blame DW until the bitter end.

It strains credulity that an apparently intelligent and financially successfully middle aged man would embark on an adventure that would place him in the poorhouse and perhaps in the death chair. Normally by that age the libido has flagged and one is comfortable in the presence of adults and understands the ramifications of self-destructive behaviours.

DW certainly had a life that I would desire to emulate - self employed, ability to go on trips at well in a motor home, a fairly wide circle of family and friends. True, he has been twice divorced, but that is not unusual. Perhaps they were gold-diggers. I have a friend who is a doctor who was married three times to money-grubbing sirens.

I can only hope that Feldman has held back information that would prove devastating to the Van Dams and their cohort in an appeal.

[Jaded]

No it doesn't. It takes the heat off of them and their shopping sprees.

[Jaded]

What?

[Jaded]

Damon pimped out his wife. He's capable of alot.

[Valpal1]

I disagree with you Green. The journal was available as evidence. If it had contained entries that could be construed as pointing a finger at Damon, it could be used as evidence to lay the foundation for questioning the parents on this issue.

The reason the judge didn't allow the defense to pursue this line of questioning is because he had laid no foundation for it. The defense cannot use third party culpability as a defense or make accusations of specific persons without supporting evidence.

The diary/journal would have been the perfect piece of evidence for this purpose AND WOULD HAVE BEEN USED, if the rumurs about it were true. The defense was provided a photocopy in discovery. They didn't use it, or call DHP, because he's a loon and a liar.

I am willing to bet that if the VD's sue after the trial is over, DHP's lawyer will provide voluminous amounts of evidence and medical records to show his client is mentally ill and not responsible for his defamatory and libelous statements about the diary.

[Kerensky]

It strains credulity that an apparently intelligent and financially successfully middle aged man would embark on an adventure that would place him in the poorhouse and perhaps in the death chair.

That being said, if DW did kill Danielle, I would have expected him to have taken his motor home to Montezuma Grade above Borrego Springs, and drove him and it off the cliff.

An intelligent man would have realized there was no escape.

[Jaded]

Dusek would have asked that question. He didn't because it wasn't the answer he wanted.

[bvw]

You never know.

[fnord]

naked nature nymphs

Shades of Dave Barry ... that would make a great name for a rock band!

[Spunky]

Also the jacket is described as a sport jacket

When I heard them describe it as a sport jacket that he took to the cleaners I said; "No way is what they are showing a sports jacket."

[bvw]

It's interesting that Feldman didn't pursue a psychological angle at all in this. He stuck with bug timing and the clear mechanics of reasonable doubt, with a spicing of bad parenting.

[Valpal1]

Usborne Books and/or Dorling Kindersley (DK) Publishing, possible Books and Beyond, Inc.

These are the three most common MLM companies selling books.

Damon's mother was an executive with DK before it was purchased by Pearson Publishing (Penquin/Putnam).

[The Other Harry]

>>> The alternative explanation that comes to mind, is that DW got into a drunken rage that night, saw an opportunity to engage in a kink that he'd previously managed to repress, and things got totally out of hand from there.<<<

This is the first time that I've seen this theory. I think you may be on to something here. Although it's possible that Westerfield has "lost control" a time or 2 before...And got away with it.

Well, if I was a juror who was of a mind to vote for conviction, that is probably close to the scenario I'd be trying to sell the others.

To add to it, I'd suggest that:

- DW had just recently lost a GF. Maybe he had tried to hit on BvD in the bar that night, and he felt he'd been rejected. She might not have realized this -- at that point, she was just out funning it up with buddies, and she may simply not have reciprocated at the moment. But in his mind, he had just been kissed off a second time. And maybe he isn't all that drunk. What he is, is in a rage that has been "improved" by some consumption of alcohol.

- As he's driving up to his house, he sees BvD's little daughter out in the street nearby. (I don't think he goes into the vD home to get her; he just happens on an opportunity.) He talks to her in friendly way for a minute or two, looks around, sees nobody, and invites her into his home. She's a molested child in a sad mood becasue of what's going on at her own home, he seems nice enough, so she accepts.

- DW, being an unusually neat, well-organized man by nature, proceeds to vent on her the rage he feels at her mother and at women in general in a way that doesn't leave a whole big mess to begin with. What mess he does leave, he makes a heroic attempt to clean up after.

Do I think that's what actually happened?

No. There are too many problems and suppositions there.

But I think something like that *could* have happened, and, like I said, if I was of a mind to convict, that would be the way I would be looking at things.

[Kerensky]

Wow! Where did you find that info?

[Eva]

Yes, it was an act when Brenda cried on the last day in court, but I don't think that Wintersteen was the instigator. I think it was Dusek. Also the "mad dogging" by Damon, co-incidently was renewed on the last day, as well. That way they couldn't be thrown out of the court room and the effect would be the last thing that the jury remembers about them.

[John Jamieson]

Far too much information left out of this trial. Where's Barb? Lots of stuff being covered up.

Someone else said We're trying to put together several pussels that were mixed together with no pictures on them. That's the way I feel now.

[John Jamieson]

"The police planted DNA on the WRONG JACKET!!!"

So very possible!

The world is a scary place.

[cyncooper]

How does the jury know anything about Damon/Feldman parent encounter or Brenda in the hall crying? Both incidents took place with jury not present in courtroom.