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.

[GoldenBear]

Sorry, I was out at an appointment, I did not hear the argument, but I would guess that the witness (I think Barb) has not been called and therefore the statements are still hearsay. Once she is called and testifies the cop can be callled to refute the testimony. The only issue is if Barb asserts the 5th. Then it is a different story.

[spectre]

Well, I based it on Brenda mentioning that she and Danielle jumped out from behind the car and said BOO!

Brenda was really talking about the bedroom?

sw

[Freedom2specul8]

You really should... all comedy and tragedy aside, it's easier to contain it all and look at it at leisure rather than hunt and search for it throught the threads. ya silly goose. :- )

[connectthedots]

If Barb asserts the 5th, DW is home free.

[Spunky]

Christina Gonzales now on stand. David Westerfield had gone with her mom Susan. Christina met David the day she was having her baby. He came to the hospital with her mom 1999

[HoneyBoo]

Has anyone else noticed how much more normal and relaxed
Mr. Westerdude is looking since the defense began? He looks
just like a regular guy. He seems to be smiling more and shaking less. In my mind, that is just the reaction I would
expect from someone who is innocent of a horrible charge.

[mommya]

what's going on now - courtTV commercials.

[connectthedots]

Maybe the reason Brenda was so upset this morning was that she learned that today's would paint her as an mean, unloving mother.

[prairie dog]

If only we had had the same consideration from you a few weeks ago during the child porn blizzard...........

[spectre]

I'm worried that Barb is in a padded cell...and can't testify!

sw

[GoldenBear]

Very true.

[kcvl]

That has always seemed strange to me with him shaking so. I have never seen a guilty person shake when accused of a crime like that. Is it normal? I thought killers didn't care one way or another. I'm so confused in this case. I want the criminal convicted but I just don't know if DW is the killer. I would hate to see him get off if he was.

[Spunky]

Christina and her newborn move into the house with her mom and David. She is testifing that David was adding something to his motorhome to hang something. It was parked at the park all day. They were going back and forth between the motor home and Davids house. She saw a little girl playing in the park.

[Politicalmom]

I really feel that he has the early form of something, perhaps Parkinson's. I am sure the stress exacerbates it.

[demsux]

hey guys and gals, greeting from kiawah island, sc...haven't had a chance to look over the threads, yet...slow connection.

Hey sw, my wife got pulled over in nashville, tn for going 75 in a 55...cop was PISSED, but didn't even write her a ticket.

Anyway, heading to the beach, will check in later.

[Spunky]

Steve Feldman is upset because he can't find a photo that he needs.

[cyncooper]

I recently talked to someone that was on a grand jury and they stated that the jurors can ask questions directly to any witness.

Remember the impeachment? We learned then about grand juries and how they get to call the shots. They get to ask questions and even ask for evidence and witnesses to be called before them. We heard later about them questioning Monica! Memories...

[RnMomof7]

Hey it is as likely as any...Many parents go to great lengths to hide deaths by accidental actions (child abuse)

[spectre]

No speeding ticket and you are at the beach? I hate you!!!

Enjoy..you lucky person, you!

sw

[Spunky]

Prosecution now questioning. What was he doing down at the park. Witness: Putting some screws on the motor home. Was it the new motor home, or old motor home? Was he using electricity? Power drill, etc. Witness: "I think it was cordless. Prosecutor: Why was he doing it at the park. Witness: "I don't know."