Westerfield trial TV coverage lures viewers with lurid details

The San Diego Union-Tribune ^ | June 7, 2002 | Robert P. Laurence

[MizSterious]

Westerfield trial TV coverage lures viewers with lurid details

Remote Control

Robert P. Laurence

June 7, 2002

TV is about pictures, and the David Westerfield trial has not been a pretty picture.

Carried live on four local stations, and on cable's Court TV, the trial's pictures have been drawn in words, words like "sexual penetration" "putrefaction," "animal activity" and "decomposition" used in describing what might have happened to the body of 7-year-old Danielle van Dam before and after her death.

To many, the pictures, again drawn in words, of adults engaged in spouse-swapping, group sex and pot smoking have been nearly as repugnant.

But just as many are finding the whole spectacle of kidnapping, murder, kinky sexuality and everyday middle-class suburbanites pursuing a lifestyle usually associated with memories of hippies of the 1960s morbidly fascinating. (Some may be looking at the folks next door with new curiosity.)

Decisions of local TV stations have varied according to the expected newsworthiness of whatever witness has been on the stand. All carried the testimony of Damon and Brenda van Dam, Danielle's parents, Wednesday and yesterday.

KUSI/Channel 51 has been the most dedicated, carrying all the testimony live, and airing a nightly hour-long wrap-up of the day's activities at 9 p.m. For viewers who don't subscribe to cable, KUSI has been the only place to watch the entire trial.

KGTV/Channel 10 has aired most of the testimony in the first three days of the trial. The coverage airs sometimes on Channel 10, and always on KGTV's all-news cable outlet on Channel 15. KFMB/Channel 8 and KNSD/Channel 39 have been choosier, often skipping the testimony of technical experts.

Wednesday's ratings favored KGTV and KUSI, and Nielsen totals of how many people have been watching TV during the day were up as much as 12 percent compared to last week.

Some of the technical testimony has been the most gruesomely fascinating, including the descriptions of County Medical Examiner Dr. Brian Blackbourne of the condition of Danielle's body when it was found, and his listing of which body parts had been gnawed by animals and which had not. (Blessedly, the courtroom camera has eschewed close-ups of the pictures of the child's body. Those would be too ugly to bear.)

Just as fascinating in the context of the grisly scenario was Brenda van Dam's description of the now-painfully mundane routine of selling Girl Scout cookies, the route she and Danielle followed as they walked house to house through the neighborhood, and her statement that the home of defendant David Westerfield "was the last house we went to."

For those who have made up their mind that Westerfield is guilty, Court TV is the place to go. Anchors Nancy Grace and Sheila Stainback have all but declared themselves witnesses for the prosecution. Both have ridiculed potential defense arguments before they've been made in court, and Grace described Westerfield at one point as "looking pretty pasty right now."

Grace yesterday waxed long and righteously indignant because Damon van Dam wasn't allowed to stay in the courtroom while his wife testified, bemoaning that he wasn't being allowed "closure," but ignoring the fact that California courts don't allow witnesses to remain in court while other witnesses testify.

Local anchors have remained neutral and objective, but speculation has not been entirely absent. Lawyer Milt Silverman, analyst for KGTV, yesterday said he was wondering whether Westerfield had "figured out ways to defeat those locks" on the Van Dams' home.

Still, the most memorable pictures we've seen so far in the Westerfield trial were those of yesterday morning.

The first was the stricken look on Brenda van Dam's face when she was asked how many children she has, and her long pause as she deliberately decided to include Danielle: "Three."

The second was of Brenda van Dam, sobbing and daubing a tissue to her eyes as she listened to a tape of her first 911 call, and heard her own voice tell the operator, "My daughter's not in her bed this morning. She's only 7...

"Oh my God! ... I don't know where she could be."

[spectre]

Thank you cyn...Now could you please post the part in the opening statement by the Prosecution at the Trial, where he talked about the blood?

BTW, off topic, doesn't anyone ever wonder why the perverted, pedophile, Westerfield, did not invite the whole van Dam family over to his house to swim in his pool?

Sure would have been a great opportunity to see abit more of Danielle....remembering, that he has been accused of lusting after her since the initial meeting a year ago.

sw

[theirjustdue]

Yes, she stated it was Domino's and she picked "the pizza up" before going home around 6pm that night. I counted the slices of ONE large Pizza,

Did anyone notice that DVD made it a particular point of stating that he and one of the boys shared a piece of pizza?

It was when Dusek commented about sharing the pizza and not the beer. What's with this sharing business and why make such a point of it? Why wouldn't he just state "we ate pizza". I could see sharing one piece, if there were only one piece left, or was he making a point of it, to show how there managed to be pizza on hand for their little "after party", as they have been claiming? If they lied about that, one has to has to wonder why.

Maybe the pizza thing is meaningless, but it would seem that perhaps the VD's think otherwise.

[Rheo]

That's where I'm having a problem too.....DW has asked BDV to intro him to her friend, says he hosts adult parties, of the 68,000 images on his puter, non are pre pubescent...nothing has been stated so far that he ever tried to get close to Danielle or any other child??

Another problem is how would DW know enuf about BVD lifestyle to say he hosts adult parties...if they only briefly talked while selling cookies....and you're right...why not say I host family parties..bring the kids!!...it just doesn't track for me.

[Rheo]

another question.....when are they alleging that DW went into the house to get Danielle?

[MizSterious]

Well, remember the prosecution's claims that Westerfield could see into the back yard from his bathroom window? Their point was that he could watch the children play in the back yard--but I wonder if he wasn't watching the adults "play" in the hot tub--also in the back yard.

[theirjustdue]

I agree, someone wanted her body found. But the question is who?

Possibly the same "someone" that called in a tip, when it wasn't discovered during the initial search of the area, a few days before.

[cyncooper]

...Now could you please post the part in the opening statement by the Prosecution at the Trial, where he talked about the blood?

I did a search for some kind of reporting on the opening statement but did not find anything. The blood is Danielle's, but I think the hair had the kind of DNA testing you referred to, hence the establishing that Brenda bleaches her hair to eliminate it being her's. If a root is attached to hair they can do the more intense DNA testing-----and I would think that is being done.

[spectre]

Don't know why there is so much emphasis on the Pizza by the van Dams? It seems to be playing a major role in their testimony, tho. Who knows what these people were really eating, drinking, smoking or doing.

DW had plenty of previous opportunities to snatch Danielle if he wanted to...so WHY that particular date?

Can't help but contrast the Smart family of Salt Lake to the van Dams and it's like comparing apples to oranges..

sw

[Jaded]

Well there are two time periods.

1- Between 1:45 when Damon got up to take the dog out and 1:56 when Brenda and company came home.

2- Between 3:00 and 3:30 when Damon got up again to pee/take the dog out/check the alarm light. I have read that between 3:15 and 3:30 DvD got up.

It was speculated that he entered at 1:45 and hid some where and left after 3:00. Now some are gravitating toward entering and leaving between 3:00 and 3:30.

The questions these scenarios raise are:

1- Damon and the dog were up at 1:45 and the bar was closing soon and the crowd could be returning at any minute. Where would he hide? In the garage, per Trial pictures it was full of stuff. In Danielle's room/closet? Did ya see the pics of the closet, unless he used fairy dust to shrink himself, um, no. There is also no evidence that DW was in the home or closet.

2- The dog was in Derek's room, why would the dog, a weimareiner not have sounded the alarm? The house has a very open lay out and a grown man snuck in and made no noise in addition to leaving no trace of himself. At the PH Damon said he got up to get the dog, at the trial he left that tid bit out. Remember, Brenda said Danielle's bedroom door was open. If Damon did infact go get the dog he should have noticed the open bedroom door with open blinds for the light to shine through.

[Jaded]

If hair is pulled out, generally, the root does not come with it.

[John Jamieson]

It's all just another weird possibilty and lot's of good arguments against it. I'm sure I'll hear them.

Best I remember OJ was found NOT guilty.

In this case the DNA evidence has not been presented much less challanged yet. You're already sure his guilty?

I do expect that much of the DNA will be mitocondrial; no difference between mother and daughter.

If Westerfield can show that he and Brenda have been lovers, the whole case blows up. I also think that Danielle might have been Westerfield's daughter.

[MizSterious]

John, one of the things that came out at the p.h. is that Brenda's hair is color-treated, and Danielle's is not. Her testimony is on March 14, I believe--morning, if memory serves.

[John Jamieson]

You think maybe...possibly....could be.....that Feldman will bring on "experts" with far more experience that will refute those numbers? I do.

[spectre]

Hair is hair, and Mitochondrial DNA is the blood evidence they are referring too.

Call me stubborn, cyn...That's my story and I'm stickin to it! :~)

sw

[Rheo]

Did forensics ever establish that there had been in fact dog urine in Danielle's room in two places?..would think that to eliminate doubt against the VD's at trial...proof would be offered that urine had in fact been found in traces under the area steam cleaned.

[cyncooper]

You said: You're already sure his guilty?

I say: Where do you get that??

As to the DNA, the evidence was already presented at the prelim and will be presented in this trial. It is definitely Danielle's. The defense will try to give a reason for forensic evidence, they won't be able to dispute it is hers.

[RnMomof7]

:>)

[MizSterious]

Rheo, don't think it's come up yet except in the testimony of the parents. Nothing from the scientists yet on that subject. If the prosecution doesn't produce it, I'm sure Feldman will ask why.

[John Jamieson]

As I understand it, Mitocondrial DNA is the only kind that can be extrated from hair (without the root) or very small blood spots. I noticed that Feldman told the judge that a hearing was not the place to challange the DNA, or bring up "Kelly objections". Kelley objections seem to be particular to CA law and have to do with a three part test of the way the evidence is gathered and processed.

[John Jamieson]

Why do answer questions with questions?