Judge allows Danielle's dad back in court
KIMBERLY EPLERStaff Writer
SAN DIEGO ---- The father of 7-year-old murder victim Danielle van Dam will be allowed to attend the remaining days of her accused murderer's trial, Judge William Mudd ruled Thursday.
But he warned Damon van Dam that one more incident will result in him being banned from the courthouse.
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Two weeks ago, Judge Mudd deemed Damon van Dam a "security risk" for repeatedly staring down his daughter's accused murderer, David Westerfield, in courtroom hallways despite several warnings from sheriff's deputies and prosecutors.
Mudd then barred Damon van Dam from the third floor of the downtown San Diego courthouse where Westerfield's emotionally charged trial on charges he kidnapped and murdered Danielle is being held.
On Thursday, an attorney for the van Dam family requested that Damon van Dam be allowed back in the courtroom so he could provide emotional support to his wife, Brenda van Dam, and dispel any jury speculation that his absence meant he didn't care about the trial or that he had something to hide.
The van Dams were present at the hearing, but did not address the court.
Mudd said he believed Damon van Dam has had time to think about his actions and told him that security officials were willing to give him another chance.
"If I get one report of one incident, I will ban you from the courthouse," Mudd told van Dam.
Mudd also cautioned the couple that closing arguments in the case may push them to the limits of what they can handle. The prosecution has indicted it intends to use photos of Danielle's decomposing body while presenting its argument that Westerfield molested the second-grader before she was suffocated and her nude body dumped along a rural road.
Danielle disappeared from her second-story bedroom sometime after her father tucked her into bed on Feb. 1. The next morning she was gone. Westerfield was arrested for the crime five days before her body was discovered by search volunteers on Feb. 27.
The medical examiner has testified that her body was too badly decomposed to determine time of death or whether she was sexually assaulted.
The defense is likely to attack the van Dams' integrity and argue their lifestyle choices ---- including the van Dams' admitted drug use and previous sexual relations with other couples ---- put their children at risk. The van Dams also have two sons.
Prosecutors and the defense attorney have made it their practice to notify the judge before showing jurors graphic photographs of Danielle's body during the six-week trial so the van Dams could be asked to leave the courtroom.
Mudd said he expects the van Dams to leave if any part of the trial becomes too much for them.
"I don't think anybody is downplaying the emotion that both Mr. and Mrs. van Dam are going through," Mudd said.
Westerfield's attorney, Steven Feldman, said Westerfield did not object to Damon van Dam returning to the courtroom, but there still were security concerns. Feldman said Damon van Dam was "mad-dogging" the defense team, or shooting dirty looks at the attorneys.
Feldman said the van Dams have been "verbally attacking" potential buyers who are looking at Westerfield's Sabre Springs home, which is two doors down from their house. Westerfield signed the house over to his attorneys.
Feldman also accused Brenda van Dam of muttering a curse word at one of Westerfield's friends who testified earlier this week.
Prosecutor Jeff Dusek told Mudd that Brenda van Dam denies making any such comment and a victim witness advocate who accompanies her each day backs up her account.
Testimony in the Westerfield trial is on hold until July 22 when Mudd returns from a vacation. At Thursday's hearing, Feldman said he expects the defense will take two or three days more before resting its case. Prosecutors may then present rebuttal witnesses before closing arguments begin sometime in late July or early August.
Contact staff writer Kimberly Epler at (760) 739-6644 or kepler@nctimes.com.
7/12/02