Posted on 07/08/2002 10:23:15 PM PDT by 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.
03-15-2002
POSTED: 03-15-02 by Douglas H. Pierce- Millennium Children's Fund
mail@mcfworld.org
INVITATION came after I asked parents if I could bring something of child's
in front of press pictures, toys, whatever to make her ALIVE (poor choice of
words).
Brenda: "Douglas how about something she just wrote to her dad"
Hidden in (Danielle's) nightstand.
The "Daddy forgive me note" was handed to Douglas H Pierce. I read the torn 2 sided note,
(That I NOW believe was from Journal/DIARY) AND WAS SHOCKED COULD NOT LOOK
AT (Damon's) FACE.
I stuttered and said is there something else?
Brenda: "Douglas would you like to see her room"
I could only say ok.... Douglas H Pierce followed Brenda and walked 18' (Damon) stayed behind in
MASTER bedroom.
Brenda's sister came up stairwell that is closest to the children's rooms', she was
behind me Brenda steps over dog gate in front of child's room and she enters room
like nothing at all NO HUMAN EMOTION. Douglas H Pierce stands in front of gate looking
in room. Brenda: "it's OK Douglas come on in the POLICE are done in here just
don't touch anything".
Douglas H Pierce steps over gate enters at least 6-7' inside,
Brenda is moving things around on shelf and picks up a SILVER JOURNAL
Brenda asks Douglas H Pierce" how about her Journal and the frog she slept with?" Douglas H Pierce said
....I start backing out of room I HAVE A HORRIBLE DARK DARK DARK feeling
come over me. I became emotional, stuttered and stumbling over dog gate
going to stair case. Now all three of us (not Damon) are standing at top of
stairs Brenda, Douglas H Pierce, Brenda's sister, Brenda starts to open Journal/Diary.
(NO FURTHER COMMENT ON READINGS).
Feldman HAS to call her back to the stand, in order to make his point and keep DW from testifying.
sw
Additional Quirks: Danielle was last seen wearing blue flowered pajamas with flowers Her favorite colors are pink and purple Danielle belongs to her local Brownie troop Family friends have set up a website at: http://daniellemissing.tripod.com San Diego police are scouring the Sabre Springs area for 7-year-old Danielle van Dam. Police say Danielle's parents, Damon and Brenda van Dam, reported her missing when they discovered Danielle was not in her room at about 9 a.m. Saturday, February 2, 2002. Damon told police he put Danielle and her two brothers to bed at around 10:30 Friday night while Brenda was out celebrating with friends until about 2 a.m. Saturday, a send-off for a woman who was leaving the area, detectives said. When Brenda arrived home with four friends at about 2 am, police say they ate pizza with Damon and talked for about an hour. Shortly after the friends left, police say Damon and Brenda told them they noticed lights blinking on their burglar alarm panel and found a sliding glass door and a side garage door open. Police say the alarm was not set, but the panel is a type that indicates when doors and windows are opened and shut at all times. The couple told police they closed the doors and went to bed, and did not check on the children. Saturday morning, police say the couple told them a friend stopped by at about 9 am to see if Danielle could come out and play. Damon and Brenda told police that they thought Danielle was still sleeping and that Brenda went to wake Danielle. That is when police say the couple discovered Danielle was missing from her room and called 9-1-1. Police began investigating immediately, using helicopters, horses and dogs to search the area canyons for Danielle, a second-grader at Creekside Elementary School in Sabre Springs. Officers also conducted door-to-door searches and provided the Border Patrol and Customs Service with photos of Danielle to keep watch for her at the border. Detectives additionally interviewed family members, neighbors, schoolmates and friends about the disappearance, hoping to develop leads, but had no luck. Danielle was last seen wearing blue pajamas with flowers. She is white, 4 feet tall and weighs about 58 pounds. She has blue eyes and blond hair. Police say at this point the parents are not considered suspects and have been extremely cooperative with investigators. Police are considering one of the van Dam's neighbors to be the prime suspect. Police have searched his home and impounded his vehicles. At the time of this writing, an arrest has not been made. |
1. Kids Put To Bed at 10:30 P.M., by Damon VD.
2. Brenda arrives at VD residence at 2:00 A.M. with FOUR FRIENDS
3. Brenda and her friends "The Four Amigos" eat pizza with Damon, and talk for about one hour.
4. 3:00 A.M., "The Four Amigos" depart the VD residence.
5. Damon and Brenda notice the alarm lights blinking.
6. Damon and Brenda notice BOTH the sliding glass door AND the side garage door are open.
7. Damon and Brenda note that alarm was not SET but was only in the monitoring mode.
8. Damon and Brenda tell police they closed all doors, and went to bed.
9. Damon and Brenda DID NOT CHECK on the condition of the children.
10. Approximate time, 3:15 A.M.
I hold with my theory ...Danelle came in and found Barb and dad doing it..she screamed and daddy slapped her (cause he was not finished yet) she fell and struck her head..Damon and Barb knew she was dead...after all others had been pushed out the door unsatisfied they developed a plan to hide the truth and the body...
Could be why Barb will not testify
Then, Dusek says "Well, could it have been the grandparents..did you do a comparison?" Answer "NO"...
CTV cuts to break.
sw
sw
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