BREAKING: BRENDA VAN DAM DANCED WITH WESTERFIELD: (Modern Day Westside Story?)7-9-02 Trial Watch

KFMB ^ | July 9, 2002 | KFMB

[FresnoDA]

WITNESSES SAY BRENDA VAN DAM DANCED WITH DAVID WESTERFIELD

(07-08-2002) - Three defense witnesses testified Monday that Brenda van Dam and David Westerfield, the man accused of murdering 7-year-old Danielle van Dam, danced together the night before the girl was discovered missing.

"Mr. Westerfield and Mrs. van Dam were dancing," said Patricia LePage, describing the scene at Dad's Cafe and Steakhouse the night of Feb. 1.

Since the prosecution introduced hair and fibers found at the defendant's house and motorhome, the defense has tried to show the evidence could have been transferred in some other way, such as dancing.

The 50-year-old defendant would face the death penalty if convicted of kidnapping and killing Danielle van Dam, who lived two houses away in Sabre Springs. He is also charged with misdemeanor possession of child pornography.

In testimony near the beginning of the trial, Brenda van Dam told the court she did not dance with Westerfield.

But LePage said van Dam rubbed her hips and chest against Westerfield during several dances together, recalling the movie "Dirty Dancing." That was just part of what LePage described as "frisky" behavior exhibited by van Dam that night.

LePage said she was in a smoking lounge at Dad's with her daughter, Cherokee Youngs, when van Dam came in and struck up a conversation with the younger woman.

"Well, she did ask my daughter if she liked girls," LePage said when asked to describe the conversation. Van Dam, she said, asked Youngs if she wanted to come to her house for a party later that night.

Youngs testified about the encounter last week.

Duane Blake, a fisherman who said he goes to Dad's a couple times a week, said he caught a glimpse of the defendant dancing with van Dam.

Blake confirmed an interview with the District Attorney's Office, in which he described their dancing as, "huggy, huggy." He testified he even thought Westerfield might be trying to pick up on van Dam.

Earlier Monday, another woman testified she saw Westerfield dance with Danielle's mother.

Glennie Nasland, who began her testimony last week, said she was on the dance floor and saw the pair turn toward each other while dancing with other people.

Nasland, who described herself as a friend of Westerfield, said she watched them for 20 seconds before they turned away again.

In other testimony Monday, Dave Laspisa said that going to the desert to look for friends, and without bringing an all-terrain vehicle, was not an unusual activity for Westerfield.

The witness, a self-employed Poway man, said he's known the defendant for 15 years and has camped with him near the Imperial County community of Glamis for 10 years.

The witness was one of several people who testified as the defense began to move away from what happened at a Poway night spot the night before Danielle was discovered missing Feb. 2 to Westerfield's weekend wanderings.

Westerfield's attorney, Steven Feldman asked Laspisa to explain why someone would avoid Interstate 8 while taking a motorhome to the desert. Laspisa said high winds and black ice were common on that route, which traverses altitudes over 4,000 feet.

Heather Mack, a security guard at Coronado Cays, testified that she saw Westerfield drive his motorhome into the exclusive neighborhood in the afternoon or evening hours of Feb. 3.

Mack said Westerfield smiled and waved at her as he drove past her security kiosk, but she never saw him again.

The witness told Dusek that she originally told a police officer that she "vaguely remembered" seeing the defendant's recreational vehicle.

Glen Seebruch, an engineering manager at Nokia, testified earlier that Westerfield called him the morning of Feb. 1 and told him he planned to go to the desert that weekend.

Feldman, told Judge William Mudd that his case may be completed by the end of the week.

Insect expert David Faulkner is expected to testify about how long the victim's body may have been in the East County before volunteer searchers found it on Feb. 27.

Feldman has said Westerfield would have had no opportunity to dispose of the body because he was under constant police surveillance from Feb. 4 until his arrest Feb. 22.

[mommya]

I can't believe courtTV actually showed the argument without cutting away.
What I got out of it - Denise gave an early statement - her first probably - on feb 2 at like 5pm - and she didn't mention anything odd ocurring at Dad's that night. On like Feb. 27 in an interview that did not have a report made of it till March 8 - she comes up with Westerfield being creepy. Did anyone else hear this between the lines?

[Rheo]

came out of sidebar and the witness was excused without testifying....heresay rule

[FresnoDA]

Sing everyone...

Motor-Ho Ho Home.....

[MizSterious]

I guess it's marginally better than threatening lawsuits. Just marginally.

[Rheo]

Thanks...the radio feed cut away....look for Denise to be coming back from Baltimore or wherever.

[mommya]

The Motorhome song parody is awesome - I like that song anyway - you are too hilarious.

[Karson]

Which juror sent a note to the judge yesterday asking when would the jurors get to question the witnesses?

[Freedom2specul8]

NO WAY!!!!!! LOL

[Karson]

Yep! Judge Mudd had to explain that jurors doesn't question witnesses. Makes you wonder about the jury ....

[Spunky]

You gotta be kidding. Did that really happen?

[Rheo]

Hadn't heard that....did the Judge mention when they would be taking call in questions?? :-)

[GoldenBear]

I am just getting caught up, but a statement by a party is not hearsay. Likewise, a prior statement by a witness is not hearsay. So, the prosecution can introduce prior statements from DW. If a witness testifies to what they said, the defense can call a witness to refute that testimony.

[Jrabbit]

Did you salute before entering this thread? I've been called sour, humorless and at one time hostile. Are these personal attacks? Guess not.

[Freedom2specul8]

Did you read Helen's comments yesterday about her experience as as juror? I was really really hoping that this jury was a balanced and in control. What'd they do, pass out the jury calls to local bars or what..fellow peers ya know.

[MizSterious]

Yes, it's awesome--but I wonder if we don't need one to the tune of "Magic Bus?" Goes alone with Stealth Ninja Dave and the ruby slippers.

[spectre]

Here's another song...Let's everybody follow the bouncing ball...Here we goooo.

They're coming to take you away, ho ho
They're coming to take you away, ha ha
Away, ho ho...away ha ha...
They're coming to take (fill in the blanks) away!

sw

[connectthedots]

Yep! Judge Mudd had to explain that jurors doesn't question witnesses. Makes you wonder about the jury ....

In just a few states, the jury can submit questions to the judge to ask witnesses. I think it is a good idea.

[Rheo]

Why are they arguing over hearsay again then?

[the Deejay]

"did the Judge mention when they would be taking call in questions??" :-)


HAHAHAHAHAHA! That's a good one!!

[Freedom2specul8]

Really???? Not in missouri and I think Kansas too.