"Westerfield told police that Brenda van Dam told him about the dance when he ran into her at Dad's Cafe & Steakhouse in Poway the last night anyone saw her daughter. But she told police she never shared that information with Westerfield.
"Only Danielle van Dam could have told him about the daughter-father dance and only after she had been abducted," according to the affidavit, which was written by a police officer whose name wasn't disclosed in the documents.
It was unclear yesterday why the jury hasn't been allowed to hear about this discrepancy.
During the trial, a police officer testified that Westerfield told him Brenda van Dam talked about the father-daughter dance at Dad's bar. But in her testimony, she denied discussing the dance with Westerfield."
Now - here's Brenda's actal testimony -
13 Q. DO YOU RECALL ANYTHING ABOUT A FATHER/DAUGHTER 14 DANCE DISCUSSION? 15 A. I MAY HAVE TALKED ABOUT THE FATHER/DAUGHTER DANCE. 16 IT WAS COMING UP THE FOLLOWING THURSDAY. 17 Q. WHOSE FATHER/DAUGHTER DANCE? 18 A. DANIELLE'S. 19 Q. WHO WAS SHE SUPPOSED TO BE GOING WITH? 20 A. DAMON. 21 Q. WHEN WAS THAT COMING UP? 22 A. IT WAS ON THURSDAY NIGHT AT THE SCHOOL. 23 Q. THE FOLLOWING THURSDAY AFTER THE NIGHT AT DAD'S? 24 A. YES. 25 Q. DO YOU RECALL WHO YOU WERE TALKING WITH ABOUT THAT? 26 A. NO. I KNOW I TOLD DENISE AND BARBARA. I MAY HAVE 27 TOLD MR. WESTERFIELD.
To police..."But she told police she never shared that information with Westerfield."
To the court...I MAY HAVE 27 TOLD MR. WESTERFIELD.