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.

[MizSterious]

Do we just salute, or must we kneel and use terms like "your royal travesty" or whatever?

[Politicalmom]

(Whining...) Do we have to goose step too?

[Spunky]

Kim, Do you know where it is the video of Danielle VanDam was taken that they keep showing on TV? The one where she is twirling around, then runs up to someone. There are lots of people around. A women walks by and has a look of What is the world is going on. Danielle is in a white blouse and black pants.

My impression is that it was taken at a mall. Is this correct?

[GoRepGo]

ahh, Dr. Demento, that's a classic - and very fitting in this situation:-)

[connectthedots]

I did say "just a few states".

[mommya]

Wow. I think that sounds like a great idea - the jury questioning the witnesses - and the suspect too of course. Does something like that happen at a grand jury?

[UCANSEE2]

Thank you so much for responding. I hope my words weren't "too much".

I think it is too easy to forget where we are and how many we can affect, and who we put as risk, beside ourselves.

It would be a benefit if some of the risque comments were left out. It would also be a benefit if Fresno didn't exaggerate. He does get carried away sometimes.

Maybe this should serve as a reminder to all of us (me included) to act more like adults, and less like children.

Again, thank you for responding so courteously and having the courage to be open and honest.

[Karson]

I saw it on the ticker tape thingy at the bottom of the TV screen this morning. I don't remember which channel I had on.

The trial would last twice as long if they let us call in questions. I've got a whole ton of 'em. LOL

[MizSterious]

Do we call it the Dusek Goose Step? LOL!

[spectre]

Thankyou...It takes a deep thinker to understand that post! :~)

sw

[Freedom2specul8]

Oct 1, 2001

http://news.mpr.org/features/200110/04_stawickie_supco/index.shtml

Supreme Court to decide whether jurors can ask questions at trials

By Elizabeth Stawicki, Minnesota Public Radio
October 4, 2001

Typically attorneys question witnesses during trials in Minnesota. But in Blue Earth County two years ago, a Mankato judge invited jurors to question the witnesses and even the man on trial. The state Supreme Court heard arguments about whether allowing jurors to ask questions violates a defendant's right to a fair trial.

A jury convicted Gerard Costello on several DWI-related charges in September 1999. During his trial, Judge Norbert Smith invited jurors to print their questions for witnesses anonymously on pieces of paper.

Arguing for Costello before the Minnesota Supreme Court, attorney Theodora Gaitas said allowing jurors to move out of their roles from impartial observers to participants, deprived Costello of his constitutional right to an impartial jury.

"Once you instruct a jury that they can take on this new role of questioning witnesses as inquisitors and not merely neutral and passive fact-finders, the right to a impartial jury is necessarily implicated," she said. Justice Ed Stringer: "Why does the fact that a juror has a question - maybe there's a gap in the facts," noted Justice Ed Stringer. "Why should it be implied that a juror is partial?"

[Karson]

I had never heard of it before. Apparently it's not common practice.

[UCANSEE2]

My mother never went to the bars with me. I was noting that it was my experience I saw others do so.

I was a COOK in that bar, by the way.

[the Deejay]

I think that video was taken during their trip to Disney World in Jan. 2002.

[Freedom2specul8]

No I understand...see my post about supreme court..

[MizSterious]

Heehee, I remember that oldie! Calling Nurse Ratchett!! Spill on aisle 4!

[Rheo]

Hello...am I on the air...oh great..thanks for taking my call.....I'd like to ask Mr. VD a question....Where the hell is the dog bed and what color was it!!!

[Spunky]

the jury can submit questions to the judge to ask witnesses

Isn't that what happens in a grand jury?

[Jrabbit]

I think a humble bow will do.

[Karson]

Does something like that happen at a grand jury?

I have no idea.