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.
I am in agreement with you on that. Also...any story on drug use as a young adult? Recoverers from drug use can also shake.
MK
So far it has been established that the MH was at Keith Sherman's from sometime in Dec. after DW's last trip until the morning of Feb. 1. It remains to be seen if Feldman will introduce evidence that the MH was at DW's house between the dog scratch and Feb.1, but so far testimony is that it was not.
sw
How could a bound child (we must assume she was bound..) leave prints anywhere? I would suspect if she was untied at any time she would have fought or tried to run..on single print (in that location especialy) makes no sense ....unless it had been there a long time and "missed " during regular cleaning..
Excellent point! I have wondered about that myself.
Anyone that knows the law here knows they would have had to do an autopsy.....and an autopsy would have revealed sexual abuse.....
You all see this beautiful witness, she lived at DW's home with her Mom and little baby boy...How come no one asks her "Did Dave ever try and molest you?"...
DW had a bunch of nice friends and acquaintances, no wonder he stared at the VD party girls at the bar...they were, to him, a bunch of cheap, slutty, tramps. He wanted nothing further to do with them...yukky!
sw
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