Testimony costs flight attendant her job

SignOnSanDiego ^ | July 12, 2002 | Kristen Green

[MizSterious]

Testimony costs flight attendant her job

Airline fires witness for admitting pot use

By Kristen Green
UNION-TRIBUNE STAFF WRITER

July 12, 2002

Denise Kemal was fired June 28, more than two weeks after her nationally televised testimony, because the company has a zero-tolerance drug policy.

Losing her job has ruined her life, Kemal said yesterday. "I've always wanted to fly," she said. "It took me years to get my job."

She said she is appealing the dismissal because smoking marijuana "wasn't an everyday thing." While she waits for an answer, Kemal, 28 and recently divorced, watches the Westerfield trial from the couch of her new Florida apartment.

Kemal was called to the witness stand by the prosecution June 10. She was at the van Dam home Feb. 1, the night 7-year-old Danielle van Dam was last seen, and spent the evening with Brenda van Dam, the girl's mother.

The two had become friendly through their husbands, who both work at Qualcomm. A spokeswoman for Southwest confirmed that Kemal had been fired, but declined to elaborate. She said company policy states that the "illegal use of drugs, narcotics or controlled substances off duty and off company premises is not acceptable and may result in termination because it can affect on-the-job performance and the confidence of our customers in the company's ability to meet its responsibilities."

Kemal said she was just answering questions posed to her during Westerfield's trial because "I want to make sure he gets convicted."

"Because of him, it's just ruined everyone's lives," she said.

Kemal testified that she went out with her Tierrasanta neighbor Barbara Easton and Brenda van Dam to Dad's Cafe & Steakhouse in Poway two Fridays in a row, Jan. 25 and Feb. 1. They were celebrating Kemal's upcoming move to Baltimore, where she had been transferred for work.

The second night out, Feb. 1, she was introduced to Westerfield, whom she has described as "creepy." Westerfield is charged with kidnapping and murdering Danielle. If convicted, he could be sentenced to death.

Kemal said the three women first celebrated her move Jan. 25. Kemal and Easton, who lived in the same apartment complex, shared a bottle of wine before driving to the van Dams, Kemal testified. She said she smoked some marijuana in the van Dams' garage before they left for the bar.

The next week, the three women decided to spend that Friday night partying at Dad's again after Damon van Dam canceled plans to go out of town and agreed to stay home with the couple's three children.

On Feb. 1, they smoked pot in the garage a second time, Kemal testified, and she and Easton shared a beer. Later in the evening, they partied at Dad's, where they ran into Westerfield. At one point in the night, they went to van Dam's sport utility vehicle to smoke marijuana again.

Kemal said her supervisors learned that she had smoked pot because customers mailed newspaper articles about her testimony.

She had never had problems at Southwest before the trial, she said. In fact, she regularly received letters of commendation from airline passengers since she was hired in November 1998.

Once, a Texas couple she had met on a flight sent a box of candy to her home. Kemal, in turn, shipped them a set of candles for their living room.

Kemal said that even after Sept. 11, she didn't have any reservations about flying.

"I did it because it's my job, and I love my job," she said. "I get to travel and meet different people. I like to serve the public."

[the Deejay]

"Couldn't happen to a nicer group of people!"


I KNOW! I KNOW! I KNOW! I'm so pleased with the news about Denise losing her job that I'm almost a tad giddy!!
And have been laughing it up! Now, I shall wait the news the rest of the crowd loses their jobs!!! Talk about justice for Danielle!

[MizSterious]

Ok, here's what I found in the PH testimony about Danielle's hands and arms, from Blackbourne:

15       A    THE HANDS WERE INTACT.  FROM THE WRISTS

         16   DOWN, THE HANDS WERE TOTALLY INTACT BUT MUMMIFIED.  

         17   JUST LEATHER-LIKE.  

So her wrists had enough tissue on them that bruising, etc., from binding would have shown. In the trial, Blackbourne testifies:

11 A. WELL, THAT WAS DIFFICULT BECAUSE THE BODY WAS SO

12 MUMMIFIED OR SO DRIED AND LEATHER-LIKE. BUT NOTHING THAT WE

13 COULD IDENTIFY AS ABRASION OR A BRUISE.

I don't believe this little girl was bound. And I think if the prosecution believed that, they would have stressed it. They didn't.

[spectre]

I'm NOT on the JURY, tho..Jaded.

They are the ones that are going to have to "explain" how they didn't convict DW because they had "blood evidence"...THAT'S the whole ball-game right there.

Forgetting everything else..there is STILL the blood that Feldman has to explain away. And that, dear Jaded is what the Jury may ultimately convict on. As in "Gee, we know he couldn't have done it...but there's the blood?!!" It's all about the blood...

I worry.

sw

[the Deejay]

Blackborne didn't find any drugs or poisons, either. It's really a mystery as to cause of death.

[Sweet Hour of Prayer]

The main problem I have with believing DW was Danielle's murderer is the logistics and improbability that a drunk DW could sneak into a house (with people, going in and out throughout most of the night, even after the group left)abduct a 7 year old child without either of them, making any noise, or leaving any trace. That would be pretty stealthy. I'm hoping the jury does hang and if the prosecution can come up with some irrefutable evidence, they appeal. There is way too much speculation and circumstancial evidence to put a man to death from what I've read.

It doesn't help that Damon's responses have been so... absent. The court room drama sounds like something he was prompted to do after it appeared the prosecution was losing their lead. Compare Damon with Mr. Smart. One parent really grieved, the other worried about revealing the "timeline", can't see why his being a parent and getting high on pot are relevant to this case (no regard forlaws)and bought a new car. Additionally, I particularly didn't like the way the SDPD denied DW's request for legal counsel 6 times. I think LE found their guy without having credible evidence and have since made/coerced flimsy evidence to support their actions.

Questions about the evidence:
1. Why with a partial handprint in the Motorhome was the motorhome covered with a layer of dust? This suggests that the handprint had been there much earlier.
2. The blood in the motorhome and his jacket are incriminating BUT with the way LE went after DW I'm concerned about the honesty of the investigation. Who collected the samples and was there any attempt to fabricate what they found? (I only ask this because it's the only hard evidence the prosecution seems to have)
3. Why wasn't Damon put through the same interrogation immediately after Danielle was found missing? I thought statistics showed that most crimes like this were committed by a family member or close friend?
4. Why did they bring in extra cadaver dogs when the LE dogs didn't alert while searching the motorhome?
5. Why doesn't Damon (a s/w testing engineer) know how to operate his alarm system? Why did he say Westerfield must have used magnets to override it?
It seems that Damon's sexual requirements are pretty demanding and unlimited. Why wouldn't he have been closely reviewed in regards to this abnormally sexually driven behavior? That could have strong implications in this case.

If I were on the jury these would be questions I would be asking based on what I've heard so far.

[hoosiermama]

LOOK what I said again. IF the two statements were indeed said back to back. It would make sense that she was in the scapcoating mode. Both were scapgoating comments. If, infact they were only reported that way than only one is definately scapgoating. The statment about DW guilt COULD be scapegoating? Don't you even consider his innocence....? You seem a little defensive why? SOmeone in your family abused, murdered?

[MizSterious]

"Why wouldn't he have been closely reviewed in regards to this abnormally sexually driven behavior?"

This is the question some of us have been asking from the beginning. I think it bears repeating, especially for those who show up on these threads whining, "But what do their private sex lives have to do with this child's murder?"

[the Deejay]

"When a scapegoat situation is established than those creating it BLAME THE SCAPEGOAT FOR EVERYTHING! That COULD include murder? It is a possibility."


Oh, ABSOLUTELY CORRECT. After all, we only have the word(s) of the swingers for events that night.

[MizSterious]

A wise woman on another board once wrote:

The rational doesn't cure the irrational.

I see it proven over and over. No amount of evidence will convince some people, period. Not even if they come up with a video of someone else killing the poor child. Nope, as far as they're concerned, DW did it and that's that. Case closed.

[EllaMinnow]

MITOCHONDRIAL DNA is only from hair without an attached root. Nuclear DNA is from BLOOD.

[BARLF]

I don't believe you answered either of my questions with this reply.My questions were:

1.Had the dogs used by FBI and SDLE found Westerfield scent in Danielle's room or Danielle's scent inside the MH, do you think they would have used it as proof DW was in her room or Danielle in his MH?

2.If they had presented this as evidence(prosecution)in trial would you believed it was proof of presence in bedroom/MH?

You see I don't like the fiber stuff but it's there as evidence and I have to recognize it.

[FresnoDA]

This song parody is done...without attempt at humor...but with solemn disgust at the ability of many to avoid the necessary sharp edge sword of justice.......and accountability for their actions.....FresnoDA

---

Led Zeppelin (FDA)
Stairway to Heaven (A Love Shack North of Poway)

A LOVE SHACK NORTH OF POWAY

(Slow/Ballad)

There's a swinger who's sure all in
Pow-way is hers.
And she's build-ing a love shack up in Sab-er!!
And when she builds it, she knows
If the bars are all closed.
With one word she can invite those, who want more.
Ooooooooooooooh. And she's build-ing a love shack north of Poway

There's a sign on the wall
Please not smoking, allowed.
Cause you know sometimes smokers
Don't have ashtrays.
Two homes down, cross the street, there's a man, bring your meat.
He has money and a hobby in the desert...
Oooooooh, it makes her horny.
Oooooooh, it makes her horny.

There's a feeling they get
When the hot tub is wet.
And she's serving up one pizza for the evening.
Groups of friends, you might see,
Come and go, as they please.
And the voices of those who stand by simply watching.

Oooooh, it makes her horny.
Oooooh, it really makes her horny.

And it's rumored that soon
She will darken the room.
And the visitors will all get down to business.
And the night, it will spawn, squeals of passion til dawn.
And the players they will tire from, the action.

And it makes her horny.

(Slightly faster!)

If there's a rustle in your side yard
Don't be alarmed now.
It's just a faulty uh-larm sensor....
Yes there are two doors you can go through.
But if they blink at you!!!
There is no need to check the meaning.......

And it makes her horny.

Your head is buzzing as the joint glows
In case you can't blow.
The swingers ask you to join them.
Hey Barb-ra can you hear my man call
I hope you will go...
The stairway leads to his wa-ter-bed...

FAST/GUITAR SOLO!!!

But in our house without a soul....GUITAR SOLO!!!
Our secret never to be told...GUITAR SOLO!!!
In walks a man who claims to know..GUITAR SOLO!!!
The meaning of the words she wrote....GUITAR SOLO!!!(DHP)
A plea for Dad to get control...GUITAR SOLO!!!
And if you listen very well...GUITAR SOLO!!!
The home in Poway is like hell....GUITAR SOLO!!!
To satisfy their wicked lust...GUITAR SOLO!!!
(Screamed!) At an expense, a priceless costttttttttttt......

(Slowly)

And she's build-ing

a love shack

north of Poway.......

[the Deejay]

"Nope, as far as they're concerned, DW did it and that's that. Case closed."

I would like *them* to tell me how DW got into a home (drunk) he'd never been in before, KNEW which room was Danielle's (in the dark), arroused NO ONE, made it past one house, crossed the street & was home free! Left no hair, fibers or fingerprints! THAT'S the FIRST play by play I'd like to have answered.

[Southflanknorthpawsis]

This is the question some of us have been asking from the beginning. I think it bears repeating, especially for those who show up on these threads whining, "But what do their private sex lives have to do with this child's murder?"

AMEN !!!

On one hand we are to believe that porn, which may not have even been viewed by David A. Westerfield, was the reason he abducted and killed little Danielle. Abnormal sexual tendencies???

On the other hand we are to believe that children of parents who engage in multiple sex acts with multiple partners and even pick up potential partners/strangers at bars to bring home, are not in danger. Abnormal sexual tendencies???

Jeff Doofus even made many attempts to nearly treat the swinging behavior as just adults having a typical good time with friends.

What IS wrong with this picture?

BTW......I wonder why the prosecution didn't ask Susan L., who lived with DW, about his fetish for pornography or specifically child porn.

[hoosiermama]

Thanks for the support. I came on board with a fairly open mind to all possibilities. The bottom line is the DA just hasn't proven his case and we're not even through with the defense yet.

Re: spot of blood in MH. Mother already stated child was subject to nose bleeds. For thirty plus years dealt with children and nose bleeds at school. Sometimes, unexpected and just one drop before the child leaned head back. MH was certainly available to child. No further explanation needed for me.

[bvw]

Gee, here I thought my analysis was brilliant and incisive on this de-stewification complaint of slutjackal K., and not one comment. I blame him for it!

[MizSterious]

The answer, I suspect, is--

JUST BECAUSE

[hoosiermama]

READ ON!

[the Deejay]

"JUST BECAUSE" huh? (Hehehehehe.) No proof. Just "speculate", but a jury cannot speculate or assume. Dusek said he was going to "show" how DW got in and out of the house with Danielle.

Hey, Dusek!! We're still waiting out here!! lol!

[spectre]

Mit DNA is also from blood. What is your point about the nuclear DNA..where one half of the nuclear DNA is inherited from the mother and the other half from the father?

I don't recall the blood being compared to Damon? Do you?

sw