Judge Allows Danielle's Dad Back In Court: (Damon was banned for MAD-DOGGING Westerfield!)

North County Times-San Diego ^ | July 13, 2002 | Kimberly Epler

[FresnoDA]

Judge allows Danielle's dad back in court

KIMBERLY EPLER
Staff 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.

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

[FresnoDA]

POWAY BOUND BUMP....!!!

[cyncooper]

As you say,this is the PH. Damon was watching TV in the MB. The girl was told she could go get Danielle up if she wanted, but she didn't do it. Brenda went and got her. You can be sure the girl was questioned.

[SouthernFreebird]

I am working on a VERY SPECIAL SONG PARODY...

I see 'dueling banjos' in my future......lame

[Freedom2specul8]

Let's start over..

When you asked me if I had thought about it... you simply reminded me of why I did not ask the questions... some of which were the same as yours..I wrote too fast and didn't proof read well...*I* had some conspiratorial questions on top of the ones you wrote. You didn't have conspiratorial questions

Did rick roberts say it was an officer or an empoyee of the SDPD...I'm assuming it was an employee...not a cop.

San Diego radio talk-show host Rick Robertss told his listeners that a "reliable" source "high in law enforcement" said the van Dams have engaged in "lots of wife-swapping."
Parents becoming focus of public's interest in case
http://video.uniontrib.com/news/metro/danielle/20020209-9999_1n9fund.html
February 9, 2002

Note, we heard about one swapping incident..from halloween 2000 and the kids were not home.

In my #22 post, "The LE leak's mission is accomplished." (meaning, he manipulated the public AND rick roberts for a reason---what is the reason...)

In my #19 post"But what about the leak..what was his purpose wrt the parents...(judge jury and executionor..well,the leak was the judge, RR was the executioner..and pierce was his assistant) The LE leak knew exactly what he or she was doing...and that was simply trying to control the direction of the public eye and did a dern good job. "

---

You wrote: LE leaking information, that complicates a case fellow LE officer's were putting together. That's pretty serious and at the very least put his/her job on the line, Kim.
Have you ever asked yourself why?

Why yes I have numerous times..more so in march than now. You're right..it's very serious IMHO...

YOu already asked a couple of my questions..here are some more:

• Was the LE related to the opposing "prosecution candidate"?
  
• Was the leak trying to control the public's eye of scrutiny to avoid seeing something else? If so WHAT
  
• What is the leak's position in the sdpd? Typist? The ones who transcribe interviews and notes? File clerk? Cop? Wife? Husband? Who was it?
• Why the bias against the parents and not DW's horndog background?
• What benefit did the leak gain from leaking that information?
  
• Is the leak related to someone on the defense side or does the leak have a relationshp? Since the leak is anonymous, we will NEVER know the answers.
• I understand the fear of revealing the name for fear of retaliation..but why the bias if it's in the best interest of this investigation. The dork should have said investigate the background of the parents AND the defendant....we know more about the parents, because judge mudd is trying to protect the defendant..that's fine. But hey, if the leak is going to leak, at least leak FAIR.

  ---

  What you wrote is italicized...

• 1. Could it be this LE officer was aware of an investigation that had lost all investigative objectivity and had prematurely ( in the eyes of this LE leak) focused upon an individual, without regard for other obvious suspects and/ or evidence?

Yes, I thought about that..and maybe he or she was afraid to speak out cuz of the VD connections.

• 2. Or, perhaps, that all this LE individual wanted, was for a complete and thorough investigation to take place with all the facts out on the table.

If he thinks the sdpd isn't going to do a thorough investigation, either he should DO something about it, or quit. (anonymously is fine, but don't manipulate the public while doing so) If he truly cared about wanting an honest investigation, he would NOT have been so completely biased against the vd's. He could have leaked to the rick roberts that he feels that investigators aren't doing a thorough job, and explain in general terms.

• 3. Or, that this officer or detective thought a specific someone else was the likely suspect and merely wanted a complete investigation?

Same answer...as #2 Plus, he could have leaked the names to rick roberts, and rick roberts could have should have said he has the list of suspects the leak wants to be investigated more thoroughly, interviewed a spokesperson on the show about the allegation, and the spokesperson could have explained WHY the LE eliminated the ''suspects''...If both the leak and RR had ANYONE'S best interests at heart, THEY COULD have worded and handled this in a way so that it would not have been turned into a 3 ring, swinging ''circus''.

• 4. Even perhaps that this officer or detective was privy to information, of what was being done in the case, that was not exactly "by the book" (i.e., warrants obtained under false pretenses and/or lies, or even more)and wanted nothing more than to see justice performed as intended under our laws and constitution.

Then he should have spilled his guts instead of the parents. He was biased against the parents for a reason..I think we deserve to know why....

• 5. Just a few possibilities to consider. There are no doubt many other possibilities and motives, as well, that will better fit your feelings on the matter. So, I'm curious, what do you think the LE officer or detective had as their motive for risking so much and leaking this to RR, or have you ever really thought abiout it?

Yes, we are on the same wavelength...and will we ever get the answer? No cuz the leak is weak...

[Politicalmom]

I have not read a SINGLE post saying "Fry Him" about Damon.

I have seen MANY in which people would like to see the VD's charged. None of the people who want the prosecution to PROVE guilt are vigilantes. The VDs have admitted drug use, and as far as I am concerned, child endangerment, so I would like to see the cases pursued. After all, justice is supposed to be blind...

[FresnoDA]

Dedicated to Southern Bird        FDA/so

 

Artist:	Lynyrd Skynyrd Lyrics-FDA
Title:	Free Bird-BARB-WIRE
Lyric:	She is one, scary monster.... A Mortgage banker, who'll amortize ya' clean..  Hangs around with younger swingers,  'Cause there's too many faces she' already seen.. She became enamored with a certain couple.. With two little boys, and a girl in school...  Asked more, of her twisted friends to join the fray to.. And ole Barb, drove the men insane... Keith knows, wanted her the same way... Bye, bye, the fun is over... The press will not stop following them around.. But they're planning something later in October.., A party to put, others done to shame.... But, if things don't go for them better... Daman could end up for a long time in jail... No longer free as a (bleeping) bird now, He's a swinger you'll never change. Pluck out his tail feathers but he won't change.... Alternative lifestyes, are his thang!!! Oh Barb, he needs your swinging again.... (Faster) My, my, she's an Old Swinger.... She's a might-ty, fine ole' swinger.... (Guitar solo!!)

[FresnoDA]

Sorry SF...I said MUSIC..Banjoes don't qualify for that...LOL

[dread78645]

Sorry SF...I said MUSIC..Banjoes don't qualify for that...

SouthernFreebird knows the lyrics to "Dueling banjos" ?
Makes ya wonder ...

[cyncooper]

Brenda went and got her.

Should be "Brenda went to get her."

[rolling_stone]

One thing bugging me (well more than one) if Hopi the scent dog went around the outside of the MH on 2/4, why didn't he go inside on 2/4? Supposedly the Detectives got pernmission for a search from DW and they went in the MH 2/4...Or did Hopi go in the MH and it didn't make any reports or the affidavit?

[SouthernFreebird]

Like I said its all about the VDams lifestyle to some of you.

What about the 7yrs old baby girl who was ripped out of her home and killed......her body dumped to rot in the desert.... all for the pleasure of a childkilling pervert.

But hey you just keep on amusing yourself.... thinking your better than DVD and making fun about the murder of a child...... I'm sure you'll get a few laughs.

But for me I see that little girl and what was done to her and cry..... your song is stoopid

[FresnoDA]

Like I said its all about the VDams lifestyle to some of you.

What about the 7yrs old baby girl who was ripped out of her home and killed......her body dumped to rot in the desert.... all for the pleasure of a childkilling pervert.

But hey you just keep on amusing yourself.... thinking your better than DVD and making fun about the murder of a child...... I'm sure you'll get a few laughs.

But for me I see that little girl and what was done to her and cry..... your song is stoopid

 

Speaking of STOOPID...so is someone who ass-umes they have all the answers, neatly packaged in a Manila Envelope...

But hey goober..did it ever occur to you that Westerfield was setup..huh??  If that's the case..then your swinger pals the VD's would get off scott free....but I guess that creates a milieu of possibilities, that one cells just can't comprehend....

So you just keep humming DUELING BANJOES to yourself...and have another Pop-Top.....

Ga'night!!!

[MizSterious]

Executing the wrong guy won't help Danielle. Let's make sure we have the right perp before we put him to death, ok? That's what trials are for--to make sure we have the right one. You, evidently, much prefer the old "Well, I think he's guilty so let's hang 'im now" method--which has been defunct in the south for quite some time--although in some of the more backward areas, some might still have white sheets (with little holes cut for eyes) and some rope laying around the house.

[FresnoDA]

And BTW....don't push the abuse button..if you want to do that...let me know, and I will FLAME YOU, BUT GOOD!!

[Rheo]

Good point.

[FresnoDA]

Some of um only cut one hole in the sheet...but it aint made for looking through!!! LOL....

[the Deejay]

"Oh...so David Westerfield abducted Danielle from her bedroom, and then they had a nice chat about her upcoming social schedule before he brutally murdered her. I like the way these detectives think...."


My thoughts exactly!! As well as when DW used the term "we decided to go...."(in police interview) and the fibers found in the SUV that are "similar" to those found on/around the body/laundry. What was Danielle doing, frolicking in the SUV/RV and chatting with DW as to "where" they would be going on that weekend??

Now we can add, Danielle happened to mention to DW, about the father- daughter dance coming up on the Thursday. Danielle just "happened" to tell DW that her daddy was sad because she was growing up too fast, as well. Ohhh, PUHLEEZZEE!!!!!!! There is so much insanity around this vdam family AND SDPD!.....I can hardly take anymore of this ridiculous c***!!!

[cyncooper]

I'm GUESSING. It says they got permission from the "property owner" to go around the MH. I assume this is Keith Sherman. If DW wasn't with them they probaby didn't have the key to go in.

[cyncooper]

Did it ever occur to you that Westerfield did it?

[the Deejay]

Thank you so very much!! For posting the background links to the Dale Akiki stories.

So unbelievable, yet I know it's ALL FACTS. I cannot find words to express what an AWFUL PROSECTION was done to him. Well, that DA got what was coming to him and rightfully so. I'm so glad all worked out well for Dale Akiki and he was aquitted of all 35 sex abuse charges. (That jury didn't buy the bill of goods the DA tried to sell them. I do pray this jury will use the same common sense.) I want to see the vdams have a REAL CRY!! LOL!!