| DAY THREE: June 6, 2002 |
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| Like yesterday, we heard from three witnesses, with a Van Dam between the two. Dr. Blackbourne, the County Medical Examiner for San Diego, completed the testimony he began late yesterday afternoon. Sean Brown, the Bar Manager at Dad's, recounted his memories of Brenda Van Dam and her friends at the bar on Jan. 31 and Feb. 1, 2002. For the majority of the day, though, Brenda Van Dam testified. We'll tell you about her testimony in a moment. But first...
County Medical Examiner for San Diego Today, on direct examination, Blackbourne testified to time of death. According to his findings, Danielle could have died at any time between 10 days and 6 -1/2 weeks from the date her remains were found, Feb. 27. This means that she could have died at anytime between Feb. 1, the date she was last seen alive, and Feb. 17. On the cross examination, he was asked if extreme temperatures could effect the range of the time of death. For those of you lucky enough to spend your winters in San Diego, you may recall that in mid-February we had a warm, dry Santa Ana blow in. The days were much warmer and drier than usual. Blackbourne said that temperature and humidity (or lack of humidity) could effect his estimated range, but not by more than a couple of days. Blackbourne also testified that he could not find any traces of sexual abuse on Danielle's remains. Although he carefully examined the mouth area, and pelvic region, it was impossible for him to determine if she had, or had not, been sexually assaulted. The length of time between Danielle's death and her body being found, and the damage animals did, removed any possible evidence pointing in either direction.
Bar Manager and Head Bartender at Dad's He said that Brenda did not drink a lot on either of those nights, and that she separated her cranberry and vodkas with glasses of water. About Westerfield, Brown said that he stood at the end of the bar talking with his friend Gary for the better part of both evenings. He said that Westerfield bought drinks for Brenda and her friends, and on Feb. 1, he also interacted with them, albeit briefly. According to Brown, Westerfield spoke to the women for about 20 seconds -- as though he simply told them a joke, and then moved on. One interesting tidbit from Brown's testimony: Brown said that the police report of his statements following Danielle's disappearance, provided to him by the District Attorney's Office, was incorrect. At the time of the interview, the officer taking his statement wrote that Brown said Brenda and her friends had been "partying hard" and "flirting with men." On the stand, Brown said that he had never said that to the officer and that the officer had exaggerated what really happened those two nights.
Danielle's mother From the very start, Brenda's grief after the loss of her daughter was apparent. When Jeff Dusek asked her the names of her children, she burst into tears and could barely say "Danielle." Later in her testimony, Brenda was asked to identify the same photographs of Danielle's bedroom that had provoked tears from Damon. She was so overcome by the pictures that Steve Feldman asked for an early recess so that Brenda could gather her emotions. Feldman's request was granted and the jury was let out. Just after the jurors left, Brenda began sobbing. As the public and media cleared the courtroom, Dusek comforted Brenda. She clung to him as she cried. The reasons for Brenda's raw emotions were plentiful. The tape of the 9-1-1 call she placed the morning of Feb. 2, 2002 was played. "My daughter is not her bed this morning... She's only 7.... She's not here... I don't know where she might be," she tells the police operator. "Oh my God," she repeats throughout the tape. "Oh my God." During the call, she responds to the operator's questions, describes Danielle. When the operator asks about Danielle's hair, Brenda says, "It's brown, short hair... She just had it cut.... It's down to her shoulders." Although unintentional at the time, her mention of Danielle's recent haircut adds credibility to the short time span in which Danielle's hairs could have been left in Westerfield's RV and caught in the lint from his dryer. When the operator asks if there were any signs of a break-in, Brenda says that she found the side garage door open the previous night and that, later during the night, Damon had found the backdoor cracked open. Like the comment about Danielle's haircut, Brenda's mention of the doors she and her husband found open at least suggest the possibility of an intruder. The last thing the operator says to Brenda before processing the call is, "Think positive thoughts and everything will be okay. Okay?" If only that had been true.... Much of the testimony Brenda was asked to give focused on her activities and relationships with Barbara Easton and Denise Kemal. Feldman asked, "Have you ever had a sex party at your house?" Like Damon, she admitted to having had group sex with her husband, both women, and their male partners, although on different occasions. One of those occasions was Halloween 2000. Like Damon, this admission came after several denials. When Feldman asked her about the contradiction in her statements, Brenda said, "I don't consider that to be a sex party." Brenda denied that Barbara Easton had gone with her to Damon's bedroom after the Girls' Night Out on Feb.1. Instead, she said that Barbara disappeared into the master bedroom while she and Denise searched for the door triggering the blinking alarm light. She denied having seeing Barbara and Damon kissing and snuggling in bed. And, she denied having gone into the upstairs bathroom with Denise Kemal. Brenda denied having ever had sex with Rich Brady and Keith Stone, although she did admit that Brady had supplied the marijuana she, Barbara, Denise and Damon smoked the night before Danielle disappeared. Frequently while on the witness stand, Brenda glared boldly at Westerfield. At other times she seemed to search his eyes for the answer to the question, Why? Sometimes Westerfield met her glare, though he always seemed to break away quickly. Once, he even put his hand over his eyes as though to put a physical wall to stop the angry gaze. What to expect Monday: Monday there is a change in the trial schedule. Instead of starting the morning session at 9:00, it will begin at 9:30. Rick Roberts will still begin hosting the Westerfield coverage at 8:30 AM, and he'll use the extra time to take your calls. |
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 J.S. LOVETT/Associated Press |
| Damon van Dam, followed by his wife, Brenda, carries a large poster with a photo of their missing 7-year-old daughter, Danielle. The couple on Monday announced a $25,000 reward for information regarding their missing child. |