Defense Feldman: Danielle Van Dam Knew Her Abductor: Dusek, Still Talking...Westerfield Waiting

Union Trib ^ | August 8, 2002 | Steve Perez/Greg Magnus

[JudyB1938]

That is strange, isn't it ... how obsessed many of us have been about this case, when we've never done it before. Maybe God drew us together, knowing that Westerfield would need our prayers to fight the evil that has been thrown against him?

On the other hand, those who feel he is guilty probably feel the same way, except in an opposite way - that Westerfield is the evil that must be erased.

I think our perspective is reached by drawing upon our life experiences. That is a point somebody made in how the jury will reach its conclusions, too.

I prefer to believe that the Angel of Justice will prevail, not emotions or suppositions.

[Canticle_of_Deborah]

He may have many flaws, but I don't see a murderer.

Ditto.

[Southflanknorthpawsis]

Hope for the best for David and his family.

They will remain in my prayers regardless of the trial outcome. Lives will never be the same.

It sounds so cold to say this, but I think the van Dams will go on with life very easily.

As much as I see kindness in David, I see evil in the van Dams. I'm so saddened by Danielle's death, but at least I know she is safe in God's hands.

[JudyB1938]

No, I don't think you're a nut. I've "seen death" on people.

[calawah98]

Did you feel that with Susan Smith also. I just knew, don't ask me how, that she had done something with her kids. I knew when she was up there crying, that she was not telling the truth.

David, I have never felt he did any thing to Danielle, but Damon, there is just something about him, I can't put my finger on, but he knows what happened to Danielle. Just my thoughts, and no, I do not think you making it up.

[alexandria]

Did you feel that with Susan Smith also.

No nothing, like I said only him.
Although with Susan Smith when I saw the photos of the kids it had happened two days previous but when I saw their picture I knew they were gone.
I felt it with Samantha R. not with the first photo they had up (he hadn't killed her yet) when they put the second one up I knew. About five or so hrs. later they said they had a possible body.

[calawah98]

I really don't know what it is with Damon, there is just something. At least you have something you can put your finger on. No, you are not nuts, I have a friend who has been able to feel things, she said when she was little she thought she was crazy. And Brenda does'nt get a free pass, in some of the pictures of the two of them, they just have a smug look to them.
I am out of here for tonite, prayes at 9 pacific in the morning for DAW. good nite

[alexandria]

I have a friend who has been able to feel things, she said when she was little she thought she was crazy.

Thank god I had my grandmother who is also an ordained minister to turn to, who also shares this "gift." (dosen't feel like one sometimes) Nite All prayers up for DW and jurors.

[Yeti]

And no pj's were ever found.

So he disposed of the PJs but kept the jacket with her blood on it?

[JudyB1938]

I sure wish they'd do a luminol on the floor underneath the carpet where the dog supposedly went to the bathroom in her room. The spot that Demon steam cleaned.

[CAPPSMADNESS]

yes, I know - makes ALOT of sense doesn't it???

[bvw]

There is a soft sell and there is a hard sell. Dusek and the media did the hard sell.

Feldman had no choice but a soft sell. A very soft sell. In his closing he spoke about his own problems, his own unpreparedness, he apologized for not being likeable and begged the jury not to hold it against his client. Feldman told you to think that way about him -- that he is a bozo incompetent barely able to walk, as long as he's not chewing gum!

Why?

Becuase it makes you make the case (that he actually has very adeptly presented) in your own mind. You, a juror, must do that to be fair. He, that klutz, couldn't do it. Therefore you are free to take the case of his client up without giving klutzo Feldy the benefit of anything. It makes you heroic, even. A hero attempt at fairness. The defendant had a lousy lawyer, so you -- for Justice -- make the case he should have.

And amazingly (but not that you notice) you have all the facts, narrative and theory to make that case. Just amazing -- how did that happen? It was, you think, because of your superior and refined skills at discerning truth at evaluating even poorly made presentations. Sure it was! Self-convincing -- you, the customer -- buy yourself into the deal. Extreme soft-selling. It was terrific!

[bvw]

Well, as much as you want to hold that, the eye contact stuff is theoretically reliable magic -- but subject to most common and usual vagarities in reading it, or otherwise gainfully using it. And it only works in person. Not across the 525x525 30 hz color bandwidth limitations of TV, nor even digital cable.

[JudyB1938]

Career criminal with two death sentences executed - claims innocence to the end (FR thread)

"There's nothing else I can say. I didn't do this," Richard William Kutzner, 59, said while strapped to the death chamber gurney.

[YaYa123]

Well done!!
I love your description of Feldman's feigned incompetence. It reminded me of the Southern Belle strategy of helplessness, a well known, [and deceptive], method for getting people to do your bidding.

Feldman went one better. His opening [subliminal] message to the jury was, you can preserve democracy and save us from the Taliban, if only you find Westerfield innocent. Very dramatic, but as noted by Court TV talkers, Feldman never risked his officer of the court integrity by saying to the jury;
"My client is innocent."

Another clever gambit Feldman used several times in order not to offend law and order [military connected] jurors. He praised the cops, said they did a great job. I guess that's to counter the notion that his line of defense requires jurors to discount the evidence the cops gathered, and rely only on feelings.

All the experts seem to agree, Feldman's only shot is to get a hung jury, and he could too, if there's one person on the jury who wants to punish the van Dams for their despicable lifestyle. I wouldn't have thought that possible if I hadn't read some of the comments here. But then, I'm amazed at how "feelings, nothing more than feelings" could sway good freeper folks.

If someone does start a prediction thread, I will add mine to it. And I hope it includes predictions on the time it will take for the jury to reach a verdict.
Mine will be "Guilty, in record time."

[bvw]

This is a side issue but your 'never risked his officer of the court integrity' brings it to mind. As I understand, making advocates in a trial an "officer of the court" is a recent (recent as legal systems go) legal innovation, and by some legal philosophers' concerns (old-line conservative constitutionalists) it has been a corrupting influence.

[spectre]

~LAST NIGHT'S JURY LANDMINES~

Judge Mudd said anymore Jury landmines, and he would sequester them. A couple of the Juror's are sending messages to him, pleading for Sequestration, signaling they are being bombarded with opinions about this trial.

Last night, Larry King played a rerun of the interview with Samantha Reunion's Mother, where she admonished the Jury who let Avila go.."I hold ALL TWELVE of them "personally responsible for my Daughter's DEATH"...all twelve!

He had Avila's Ex-Fiance, whose daughter Avila molested.

NEXT, we hop over to Hannity and Colmes, who were also discusssing the case with several Attorney's. Hanniety thinks DW is GUILTY, but holds the Van Dams Culpable..

NEXT we have GRETA Van Sustern, who also discussed the TRIAL and DW.

What else does Judge Mudd NEED to prove this case is heating up in the media?

But not once...NOT ONCE..has Dusek ever complained about the media coverage of this case...he's loving every minute of it. He must go to bed at night thanking God for "Court TV"..if he prays.

sw

[bvw]

Van Sustern at least seemed to pause, perhaps considering that this may be a railroading. She said that when she had clients on trial she would advise them to keep a constant almost emotionless face, like Westerfield had done. The other legal commentators -- a man who represents shoplifters, and two others were running on as to how Westerfield's emotionless face was weird and off-putting. She asked about the defense's treatment of the blood-stain on the jacket and the correspondent chick at the trial discounted all the defense's claims against it as nothing. Van Sustern seemed to check herself in a counter comment to that too-easy dismissal by the chick on site.

[bvw]

"Judge Mudd said anymore Jury landmines, and he would sequester them. A couple of the Juror's are sending messages to him, pleading for Sequestration, signaling they are being bombarded with opinions about this trial."

Either the Judge did not keep his word, or he doesn't give much consideration to the jury-members honest complaints. As the Judge has been anti-Feldman this denial of Mudd's against the jury-member's sincere request will add to the weighing of Feldman's arguments to at least those two jurors.

[YaYa123]

I think you're right that in this instance, [alone that I can remember], publicity has benefited the prosecution, not the defense. I think it must reflect the overall trend in the media, [led by FOXNews], that both sides of an issue gets sympathetic airtime.