Second Week Of David Westerfield Trial Resumes
Updated: 6:44 a.m. PDT June 11, 2002
Denise Kemal (pictured, right) started the day in court and testified that Westerfield bought drinks for her, Brenda, and another friend, Barbara Easton on Feb. 1 at Dad's Cafe, but then stood off to the side and did not speak to them.
"He was very quiet and weird. He was creepy. He didn't say anything at all," Kemal said.
Westerfield, 50, is charged with murder, kidnapping and possession of child pornography. The divorced engineer has pleaded not guilty. He could face the death penalty if he's convicted.
His attorney, Steven Feldman, objected to Kemal's characterization of his client and a judge ordered the remarks stricken from the record.
Feldman has sought to portray the van Dams' lifestyle as "risque" and has suggested that other potential suspects were in the home the night of Danielle's disappearance.
Under cross-examination, Kemal, a divorced flight attendant, admitted that she, the van Dams, and Easton smoked marijuana in the van Dam's garage hours before Danielle vanished from her bedroom.
Kemal also said that in October 2000 she had sex with Damon, while Brenda had sex with Kemal's husband.
But she admitted that, initially, she did not disclose that fact to police when questioned about Danielle's disappearance.
"Our encounter was nearly three years ago," Kemal said. "I didn't think that had anything to do with it."
Kemal also testified that she was called by Damon van Dam the next day and told Danielle was missing. On her way to the house, she ran into Westerfield, who lived two doors down and across the street, as she pulled up to the van Dam home.
"He said, 'I can't believe what happened,"' Kemal testified. "I said, 'I know."'
"He said, 'Well, I left at 9 o'clock."'
Next to take the stand was Rich Brady (pictured, right). He allegedly provided marijuana to the van Dams.
Brady conceded that he gave Brenda an envelope containing a small amount of marijuana. The drug was smoked by the Brenda, Kemal and Easton, on two occasions the night of Feb. 1.
Keith Stone -- one of five people at Dad's Cafe in Poway that night -- was also called as a prosecution witness Monday.
Stone denied ever asking Brenda to "make something happen" with Easton.
Last week, Brenda said "yes" when asked by Feldman if Stone had indicated he was "hyped up and excited" and really wanted to be with Easton.
"I had an interest," Stone confirmed. "There was some bantering going back and forth between us."
He added that, when the women went outside the restaurant to smoke marijuana and listen to music, he kissed Easton once or twice.
He denied having taken Viagra, saying the subject came up during "barroom banter."
"You don't recall telling Brenda you were sexually excited because you took the little pill," co-defense counsel Robert Boyce asked.
"I did not tell Brenda I took a little pill," Stone replied.
"Did you tell Brenda she had to make it happen with you and Barbara that night?"
"I don't recall."
"You don't recall that Brenda invited you back to her house and you, maybe, could hook up with Barbara?"
"That did not occur," Stone insisted. "That conversation did not take place."
Both the prosecution and defense have concentrated on the outing to Dad's Cafe in an attempt to either build or destroy the credibility of Brenda and those who were with her.
Westerfield's friend Garry Harvey, and Harvey's friend, Yvette Wetli, also testified about the Feb. 1 "girls' night out." The day ended with testimony from Wetli, who said Easton acted in a sexually "aggressive" manner toward her.
The prosecution said it expects to wrap up its case by the end of the month. Testimony is scheduled to resume Tuesday morning at 9 a.m.
Kemal also said that in October 2000 she had sex with Damon, while Brenda had sex with Kemal's husband.
But she admitted that, initially, she did not disclose that fact to police when questioned about Danielle's disappearance.
"Our encounter was nearly three years ago," Kemal said. "I didn't think that had anything to do with it."
