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
We have crime here of course..our shares of murders and drugs.....but it is confined to a rather small area of the city (where I worked)
BTW I was NEVER afraid down there or in my home
FMCDH
Yep......and this is the same guy who is now staring daggers at Westerfield. Puhleeeeeeze !!!
It's an act and peformed to an extreme enough degree to garner public attention. It's orchestrated for whatever sick ulterior motive these immoral losers have in mind.
It may sound cold, but I think the only real van Dam "victim" is Danielle. These folks are thinking ahead. Money, cars, "parties", travel..........ahhhh the charmed life.
Remember last year's coverage of shark attacks? It seemed everywhere you looked someone in the press was talking about the "Summer of the Shark." You may have believed that shark attacks were on the rise. That's what some television stations reported. But it wasn't true.
Last year, shark attacks off American beaches were hardly different from previous years. Most of the reports mentioned that, but that important truth got lost amid the blare and blur of frightening headlines and images. While the media were busy scaring us out of the water, scientists said there was no increase in the number of sharks off our beaches and stressed that sharks were so unlikely to kill you that you're about 25 times more likely to be killed by lightning.
Revved-Up Road Hazards
If television isn't frightening you, then news magazines are ready to step in and fill that void. Newsweek, for example, claimed Americans were being "driven to destruction" by road rage. In their report, they quoted a study saying we were "increasingly being shot, stabbed, beaten and run over." Then television echoed with its own flurry of road-rage reports. On 20/20, ABCNEWS introduced a story by telling our viewers that they're surrounded by "strangers in their cars, ready to snap." We called road rage a frightening trend and a growing American danger.
The hype surrounding the reporting blew the real dangers out of proportion. Bob Lichter, president of the Center for Media and Public Affairs, which studies media coverage and has concluded that the media often distort or exaggerate threats. He said, "If road rage is something that's increasing ? we should see more fatalities on the road. There should be more reports of reckless driving. But these things are going down instead of up."
A justification for the media hype surrounding road rage was a study sponsored by the American Automobile Association (AAA) that chronicled reports of aggressive driving. According to a Time magazine story, which based its information the AAA report, road rage was up 51 percent in the first half of the 1990s.
Stefanie Faul, a spokeswoman for the AAA, said the consumer group based its analysis mostly on the number of road rage and aggressive driving incidents reported in the press. It was a strange sort of circular logic that fueled the spiraling coverage of road rage. The AAA study looked at police reports as well, but was largely based on media accounts.
Lichter said people have been yelling at each other in their cars for years. Journalists just found a term for it. A few years back, Lichter noted, a person might come and complain that somebody yelled at them from his car. Today, people go home and say they're victims of "road rage."
AAA's Faul said that the idea of violent death by strangers is a very common topic in news reports. "You know that if you get people excited about an issue ? that's what makes it appealing as a topic." She also added that small organizations like hers can't take on huge media conglomerates. Still, she admits that she didn't make an effort to correct the mischaracterization she saw in the press.
And before there was road rage, there were carjackings. The media told us that carjackings were making a comeback on Americans streets in the '90s. Greg McCrary, of the Threat Assessment Group, which works to point out that life's real dangers are far less dramatic than what the media may lead you to believe, said the chance of being killed in a carjacking is infinitesimally small.
McCrary said the mundane things pose greater risks on the road ? things like drunken driving and failing to fasten our seat belts. Like Faul, McCrary said these sorts of things just aren't attention-grabbing. "It doesn't sell on TV. Sex and violence sells," he said.
Paved With Good Intentions
Lichter agrees with McCrary's assessment. His organization noted that press coverage of murders increased by 700 percent in the 1990s, but the murder rate had fallen by half during the decade. Lichter said, "It's easier to point a camera at a blood-stained wall where a victim has just been taken away, than it is to dig into a book of dull, dry statistics."
According to Lichter, when there's not a major news story that has some dramatic element to it, newspapers and television stations will ramp up their coverage of things like shark attacks and carjackings to keep us buying papers and tuning in. Lichter said, "Journalists unconsciously train themselves to look for the story that really rivets your attention. And that story is, 'Wow, here's a disaster, oh my God.'"
A few years ago, for example, there were as many shark attacks, but it wasn't a summer of the shark. Perhaps because the media were busy covering the election. Back in 1995 there were 46 shark attacks, but the spotlight was on O.J. Simpson's murder trial. In 1998, the Monica Lewinsky story kept the shark attacks in the shadows.
Lichter said that reporters may have the best of intentions when the pursue a story, but often they stir up problems that really aren't there. This, Lichter said, poses a real danger to the public. Lichter said, "Bad journalism is worse than no journalism, because it leaves people thinking they know something that is, in fact, wrong."
I think that had prosecution presented solid evidence that David had been in Danielle's room or the VD house there would not be this need to spin.... Some time it is quite dizzying. I beseech you, pass the Dramamine, lest I faint dead away.
That said,
**FREE NINJA DAVE**FREE NINJA DAVE**FREE NINJA DAVE**
{{{Hugz}}}
Just asking, because if it is, don't you think it Odd that they capitalized 'Adult Parties' in the affadavit? What is That supposed to be About? I thought it just meant don't bring the little Rugs Rats you have Turned Loose in my house to the Party.
Could it be Law Enforcement Innuendo? Maybe he sould have said I have Child Parties.
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