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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

Posted on 07/13/2002 6:28:25 AM PDT by 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


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: California
KEYWORDS: 180frank; vandam; westerfield
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To: Rheo
Yes I believe you are correct. It has to be a REALLY DARN GOOD REASON!!!!!!! ( At least here in Indiana, that the case.)
361 posted on 07/13/2002 9:05:38 PM PDT by hoosiermama
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To: cyncooper
People with AIDs can be immune to poison oak. The same lack of immunity to disease applies to the toxins in that plant.

Don't know that that applies to any party in this case, otherwise I do believe that very few are immune to poison oak -- it is a nasty plant.

362 posted on 07/13/2002 9:06:05 PM PDT by bvw
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To: bvw
Do you think that applies to the detective that testified? I don't think so..........
363 posted on 07/13/2002 9:07:36 PM PDT by cyncooper
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To: cyncooper
Also, as I recollect, with posion oak, like bee stings -- a person who had been unaffected can suddenly become allergic. The detective was unwise.
364 posted on 07/13/2002 9:08:01 PM PDT by bvw
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To: bvw
I suspect the poison oak was brought up because we will hear that DW is extremely allergic to it. (But did not have it in the time frame) OR that someone else who has or will testify did have a poison oak reaction. It may hold the key in this case. Sometimes a little thing like this opens the door.
365 posted on 07/13/2002 9:11:42 PM PDT by hoosiermama
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To: hoosiermama; Henrietta
Trials would never end if each side could keep bringing in more witnesses or experts.

The prosecution had it's chance to call witnesses or experts....now they only get to crossexam the defense witnesses.

Maybe our resident attorney will clear it up.

366 posted on 07/13/2002 9:12:15 PM PDT by Rheo
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To: Rheo
Great idea! HELP! HENRIETTA!
367 posted on 07/13/2002 9:13:16 PM PDT by hoosiermama
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To: hoosiermama
I kind of understand..I'll look it up..rather than us rack our brains over it.
368 posted on 07/13/2002 9:15:52 PM PDT by Freedom2specul8
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To: Rheo
There are limits....and were discussed during closed hearings..
369 posted on 07/13/2002 9:16:37 PM PDT by Freedom2specul8
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To: SouthernFreebird
Goodnight then.
370 posted on 07/13/2002 9:20:16 PM PDT by Jaded
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To: ~Kim4VRWC's~
Oh please. DW's friends in court have been the class act. It was a nice change to see honesty. I know you weren't asleep. You wonder why you get labeled?
371 posted on 07/13/2002 9:26:58 PM PDT by Jaded
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To: cyncooper
No it wasn't an error. Several of us listened to it when it came out, the same day as a matter of fact.
372 posted on 07/13/2002 9:29:33 PM PDT by Jaded
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To: ~Kim4VRWC's~
Some of it was HIS OWN blood. Actually, they biggest spot was his own blood. Maybe he killed him too.
373 posted on 07/13/2002 9:31:20 PM PDT by Jaded
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To: Jaded
Oh jaded....why do you think the defense failed to call friends, neighbors and family of the VD's?
374 posted on 07/13/2002 9:32:02 PM PDT by Freedom2specul8
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To: Jaded
I just listened to the 911 call again and BVD say short brown hair,...we just got it cut...6' tall, green eyes.
375 posted on 07/13/2002 9:33:24 PM PDT by Rheo
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To: ~Kim4VRWC's~
The defense has not rested their case...they may call quite a few people.
376 posted on 07/13/2002 9:34:15 PM PDT by Rheo
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To: Rheo; Jaded
You are both right. Saying it was an error is wishful thinking.
377 posted on 07/13/2002 9:35:24 PM PDT by Southflanknorthpawsis
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To: the Deejay; Rattlins
Do we need another page here?...

Stealth Ninja Dave

378 posted on 07/13/2002 9:36:21 PM PDT by Jaded
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To: Jaded
I heard it when it first came out, too. I did see initial transcripts that did not comport with my hearing at the time.

I contend it has not been edited. I take it you think it has?

379 posted on 07/13/2002 9:41:47 PM PDT by cyncooper
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To: Rheo; Jaded; hoosiermama
I have been extremely curious about the poison oak since it waw first mentioned.

There has to be a reason that it was brought up with one of the forensic specialists and with David Faulkner.

As you said, mama, cases can turn on a little nugget like this. Feldman didn't make a huge issue of it either time and left us all and the jury wondering why he asked.

It must be something significant. I can think of no other reason to mention it. Wouldn't it be right out of a movie if a picture of Damon or a possible accomplice showed up with an obvious poison oak rash? Matlock, where are you when we need you?

380 posted on 07/13/2002 9:41:49 PM PDT by Southflanknorthpawsis
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