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. Posted on 07/13/2002 6:28:25 AM PDT by FresnoDA
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
Growing old is mandatory. Growing up is optional.
Well, their press conferences come off as inane to me. JMO
You have said it all. They rushed to judgement on this..one needs to ask WHY?
Hope all is ok with you K
- Never weld around your gas tank while refueling unless you are a CFWS-certified welder using CFWS-certified equipment.
- If you have to weld around your gas tank during refueling operations, DO NOT USE A CELL PHONE within 47 yards of the activity.
- Only weld your gas tank in rural, sparsely populated areas.
Apologies to my brother Tom, who made this bit up.
Way too many years ago, my brother caught one about 4' long. We put it in the bath tub, gators are neat stuff when you're 12 yrs old !
'course when dad got home from work, he didn't think so, and made us take it back to the canal.
;(
Well.....FWIW....as many here know, my son-in-law is a police officer in one of San Diego County's cities. He is not SDPD.
I've asked him several times, "What's up with SDPD?" His answer has been, "What do you expect?"
I think a large city department is much more susceptible to corruption and problems than the smaller ones.
If you haven't already, see what you can find about the case of Dale Akiki a few years back. That was a doozy !! It had political fingerprints all over it too.
I guess it all depends on what you've read.......lol
The Akiki case is unbelievable. Let me give you a little tease.
First of all, thankfully he is a free man and rightfully so. But.......he was accused of molesting children in a Sunday School class. There were actually children that said he killed a giraffe in front of them.
I mean.....San Diego has a beautiful, world famous zoo, but come on. Are you curious now? Hehehehehe !!!
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