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.

[FresnoDA]

BVD Drove the FORD EXPEDITION...ultimate SWINGER HAULER...seats 8 comfortably, twice that amount uncomfortably...(imagination needed!!) Eww...

[Rheo]

Keene and Parga went to the MH on 2/4 with DW....don't recall the towel testimony...time to re-read Keene and Parga.

[mommya]

Speculation based on when DW said his garage door was not locked when he came back to the house Sat. afternoon. It was usual for it to be locked. At first I thought speculation like this was really far out - now I'm not so sure. Say DW had some similar blue towels that he used for various stuff like out at the pool, camping, drying his car, whatever. Maybe he leaves some of these in the laundry room adjacent to the garage for easy access - or maybe they were still in the dryer or something - anyway - somebody could have gotten in there and took one. Far fetched maybe - but I also can't help thinking of Damon's little newsgroup post regarding how to "Get back" (or something to that effect) at a person who steals your bike is to put a business card or some such ID into the seat post tube thingy - and he wasn't too nice about his choice of words as I recall. Damon has a devious mind - I think - and I know truth is sometimes stranger than fiction. All I'm saying is that I don't discount this kind of speculation as much as I used to.

[Freedom2specul8]

Feldman's team couldn't afford

THey were billing the state though..

[Rheo]

As GoRepGo pointed out...he could have been wearing them.

[cyncooper]

of course DW reminds DH in turn, that she still sees him as the handsome full-haired young man she fell in love with, and loves even more this day, becauses his soul is more handsome than his young body ever was, and he was a real "hottie"... (do we call men that?)

That is sweet!

[UCANSEE2]

Did DW have someone break in his garage...or is that part of the speculation?

Do I have to say it? DAMON !

[GoRepGo]

Orange acrylic fibers....length, each differ slightly...range of measurements.... testing, macro/micro comparison - 1. visually ...2, infrared (chem composition of fiber)....fluroscentmicroscopy

[BunnySlippers]

As GoRepGo pointed out...he could have been wearing them.

Good point. As they say ... we wait.

[alexandria]

I am convinced that fiber evidence is an inconclusive science. It can only be used sucessfully when the fiber in question can be traced to an uncommon or rare source or limited production dye such as in the Atlanta murder case. Otherwise there are just too many possible sources.

[Rheo]

Faulkner has to be dangerous to the prosecutions case or they would have called him....cannot think of why they would not...if for anyother reason than to derail Feldman.

[Krodg]

On the search warrant it lists blue pj's or any child's clothing. Perhaps LE didn't totaly buy Damon's story?

[John Jamieson]

Budget limit in effect.

Not even the prosecution used the "best testing available", yet a man's life is on the line here.

[UCANSEE2]

? At one point he testified that there was not a blue towel on the motor home floor and yet later pics show there was a towel. Did someone maybe take one of Dw's towels, sipe it around the MH and then throw it on the floor?

Now, with the kind of upstanding case they have presented so far, and the proper conduct of investigation we have seen, why would you suspect that ?

[cyncooper]

Then, again, on the his first, early morning trip to the drycleaners the clerk said he was barefoot (and it was cool outside). Feldman certainly should be able to produce such boots if he is able since the owner is his client.

[Rheo]

Unless they have the source to compare it to...seems pretty iffy to me......plus..I don't trust this investigation.

[GoRepGo]

common source of fiber...establishing would find consistent color...#120 dull orange in color....21B bright orange acrylic fibers...

[Freedom2specul8]

Oh yeah..we still have to sit through rebuttle witnesses..that gives time for more testing. I feel bad for DW cuz the testing will be coming in now ...(if there are anymore)..that interrupts the defense's flow...and ISN'T fair IMHO...BUT the defense knew this would be a consequence for choosing a speedy trial rather than a long drawn out one.

[mommya]

Does anyone have a pic. of DW's closet with the shoe rack? Have we looked for black boots in the pic.?

[Spunky]

And, if I am not mistaken, no fingeprints of Danielle AT ALL in her room.

Thats what I heard one of the Court TV people say. They were making the point that the prosecution had made a big tado about no prints of Westerfield in his own motor home, so therefore he must have cleaned it down and yet none of Danielle's own prints were in her own room. Then I heard a dectective say how it could be that a persons own prints or very few other prints might not be found in a room or home where people are living all the time. Technical stuff.