SAN DIEGO – A judge has barred the father of Danielle van Dam from the trial of the man accused of killing his 7-year-old daughter. Posted on 06/25/2002 4:33:41 PM PDT by FresnoDA
June 25, 2002
SAN DIEGO – A judge has barred the father of Danielle van Dam from the trial of the man accused of killing his 7-year-old daughter.
In a closed hearing, Judge William Mudd ordered Damon van Dam out of the courtroom and instructed him to stay away from the third floor of the courthouse in downtown San Diego.
"As a father I can certainly appreciate the disdain to which you must hold Mr. Westerfield and his counsel. The fact is, however, you represent a security risk at this point in time," Mudd told van Dam, according to a transcript of the hearing released Tuesday.
Mudd said Damon van Dam was seen peering at the defendant, David Westerfield, through a window in the courtroom door during a break in the proceedings. When a bailiff asked van Dam what he doing, he replied, "I just want to let him know I'm here."
Van Dam also raised concern when he asked detailed questions about how deputies transported Westerfield to and from the courtroom, said Sheriff's Deputy C.K. McKenzie.
"That raises a bunch of red flags. It suggests he might try to do something," said McKenzie, one of several deputies providing security for the high-profile trial.
Van Dam and his wife, Brenda, have been a constant presence in the courtroom since they finished testifying early in the proceedings about their daughter's disappearance.
Westerfield, 50, is charged with murder, kidnapping and possession of child pornography. He could face the death penalty if he's convicted.
Throughout the trial, the van Dams could be seen glaring at Westerfield, a twice-divorced engineer who lived two doors away from the couple until his arrest in February.
Danielle was reported missing from her bedroom on Feb. 2. Searchers involved in a massive volunteer recovery effort found her nude body on Feb. 27 along a rural roadside east of the San Diego suburb of El Cajon.
Brenda van Dam, who was not barred from the trial, said she was unable to comment, citing the judge's gag on all parties involved in the case.
On Tuesday, San Diego police evidence analyst Jennifer Shen testified that an orange fiber lodged in the necklace Danielle was wearing when searchers found her body was similar to fibers found in Westerfield's home.
Prosecutors also showed child pornography found on computer discs police seized in Westerfield's home. At least two jurors cried after viewing the images.
Prosecutors have said they may finish presenting their case by the end of the week.
Feldman blasts away at PORN evidence, as SDPD Computer Expert crumbles under intense questioning.... Given the security and facility set up at H.O.J., he would've had a chance to approach Westerfield, anyway. If he was going to try something, his only opportunity would've been in the court room.
(06-25-2002) - Pictures of Danielle van Dam and her plastic necklace helped everyone recognize her when she was still missing. Today, orange fibers found on that plastic necklace are the focus of the prosecution's case against accused killer David Westerfield.
Fiber evidence is key in this case, especially for prosecutors who are expected to end their case against David Westerfield this week.
Also today Judge William Mudd banned Danielle's father, Damon van Dam, from the courtroom and the third floor of the courthouse, for either stalking or trying to stare down the defendant.
Because of a gag order, no details were immediately released. But as of Tuesday, Damon van Dam is under orders to stay away from the Westerfield trial.
There are no private entrances for defendants in the courthouse, and Westerfield is brought up in elevators or stairwells each day, accompanied by four sheriff's deputies.
Van Dam, who is said to wander the hallways of the courthouse, is believed to be either staring at the defendant or stalking him.
On the stand Tuesday, San Diego police trace evidence specialist Jennifer Shen, testified that she looked at four different items in Westerfield's home, including laundry found inside and on top of his drier and inside his washer. She also examined the bedding in Westerfield's bedroom and noticed bright orange fibers that she said she recognized.
"When I was examining the victim's, things taken from the victim, I examined in particular her necklace that was taken from her neck by the medical examiner. As I examined that, I noted when I examined it that in the necklace, tangled in hair that was tangled around the necklace, was a long orange fiber," said Shen.
However, the prosecution has yet to clarify the origin of the orange fibers.
Shen also said she found hairs similar to Danielle's and to the Van Dam family dog's hairs in the 50-year-old defendant's laundry.
In the meantime, defense attorney Steven Feldman tried to point out that all the material could have been transferred when the 7-year-old was in Westerfield's home selling Girl Scout Cookies just days before she vanished.
Still, prosecutors say the evidence is extremely significant to the case.
"Because it was knotted in the hair and because the hair was knotted in the necklace, and because the fiber is covered in debris, and the hair and the necklace are covered in a similar debris, it appears tat the fiber and the hair were on the body from the time that it was placed where it was found. Versus having been placed on the body at some later time," said Shen. "It also is reasonable, I think, to conclude that that fiber came in contact with the body and the necklace at or near the time of her death."
Shen also spoke about blue/gray colored fiber found in the victim and in Westerfield's wash. However, Shen admitted that she did not know the exact source of the fibers or where they came from. But she did testify that a possible source could be a knitted afghan blanket.
would've = wouldn't have
This is the new thread for THURSDAY'S trial.
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This is incorrect.
Westerfield's access to the court room is through secured "back" hallway accesses. The elevator he rides is not accessable to the public, and security is very tight. Van Dam would be stopped before he would even catch sight of Westerfield.
1. The photos admitted into evidence could not be "linked" to Westerfield's "office" computer.
2. Discs containing at least some of the images may not have been in plain view when they were seized by the police.
3. It is not possible to say who downloaded the images admitted into evidence.
Unless Feldman introduces evidence as to who, other than Westerfield, may have downloaded the pictures, points 1 and 3 will be of little moment. Point 2 could be troubling for the prosecution because the discs in question were seized when the police were searching his home at his invitation, rather than pursuant to a warrant.
Thank You to new PINGERS, Henrietta, Blue Screen of Death, and pubmom!
I must have missed it . …. Where is the thread for Wednesday? . …. TIA
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