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

[185JHP]

A question to be answered "yes" or "no" - are you a libertarian?

[Jaded]

I'm sure it broke your heart to have to go play gold and dine out. I know I hate it when that happens.

[Freedom2specul8]

I took their test, ( http://www.lp.org/ ) but fell between in the area between centrist, libertarian and rightwing. I vote repub candidates and I don't want libs to win EVER.

[Freedom2specul8]

Are you a conservative 100%?

[Freedom2specul8]

Oh yeah, I voted for KEYES!!! :-D

[Freedom2specul8]

Especially if they are 18..I had to wait 3 days to file our missing person's report.

[Freedom2specul8]

I mean it took 3 days for cops to recognize it...I filed with 24 hrs. I believe it wouldn't have been taken seriously unless I got the media involved.

[Freedom2specul8]

SO I guess my answer would be no, I consider myself a conservative..was raised that way...family always voted repubs--straight party tickets..

[the Deejay]

"family always voted repubs--straight party tickets.."


In my case, my parents & grandparents voted Democrat, voted same straight across the board. My siblings & I are Republicans & usually vote straight across the board that way. Mainly, because we are very "informed" voters.

[Spunky]

The rebuttal witnesses have to testify to something that has already been presented, correct?...

I am sorry I only caught that you thought no new witness could be called. I didn't read far enough back to see that no new evidence was also being talked about.

I am pretty sure that you are right. I don't think new evidence can be introduced but a new witness can be.

I have a hard time keeping up with all of this. Was there some indication that one of the lawyers was/wanted to bring up new evidence?

[185JHP]

I work in an office with some leftists. Once you realize the mindset they have, you reach a whole new understanding of how dangerous they are. They ascribe to themselves such utter rectitude, such moral probity, that nothing they do is ever really wrong - and certainly never subject to criticism by us. One day I said to the worst of them: "Leftists believe they're more right when they're wrong, than we're right when we're right" - and the smirk and grin gave him away - a "gotcha!" moment.

[Freedom2specul8]

Did you guys have to avoid discussing politics during holidays etc.? My grandmother married a democrat (her second marriage, grandad died years earlier) we NEVER spoke about politics to avoid loud disagreements. Twas funny to us kids.. He appeard to be clueless on some topics and ignored the wallstreet journal that came in the mail..he wasn't informed..and most dems I know get their politics from evening news. Of course, if I had a friend who was an active democrat activist, we may stop talkin anyway. :D I voted for a local democrat 2 times (during latter 80's)....UNTIL clinton got in office..I've sworn them off ever since and I told them why.

[185JHP]

There's a coarsening of character and behavior. I've seen gross public behavior in the last year or so. Those "survivor" type shows are touching something scaly and nasty in a lot of people - and they'd buy tickets to "smackdown" exhibitions where people really got hurt, and unpopular people got voted into serious pain, if they could. IMO, but I'm probably not wrong.

[the Deejay]

No, we never really discussed politics at family or holiday gatherings. My parents & grandparents were from the Depression Era. They were never (what we refer to today) "informed voters." Whatever was in newsprint and on the radio, they went along with and voted that way. Like FDR could do "no wrong." I do recall my parents voted for Eisenhower. They did think he would be a good president. But they never voted for another Republican.

One of my brothers talked them into voting for Perot, because no body in our family even like the *looks* of X42!
LOL!

[Rheo]

No indication from the attorneys to my knowledge..just a discussion that got all mixed up and my unclear posts!

[185JHP]

I'm trying to make sense of your defending the despicable behavior of the sick six, combined with your attacks on DAW. I thought you might be a 'tarian female - although there aren't many, and rightfully so,since it's essentially a "might makes right" thing, in stealth clothes. BTW, are you willing to admit that all the evidence shows is the presence of Danielle in the MH and DAW home *at some time*, not necessarily contemporaneous with DAW being there - and if not, why not?

[Freedom2specul8]

I'm going to send you an email first to explain some background...then I'll reply to your post on here. When You read it you'll understand why.

[RnMomof7]

Gerlado the king of ethics is about to treat us to HIS opinion of the ethics of exposure in the case

The amoral tells us about morals..should be interesting

[spectre]

His "guest" is the ever biased Beth Karass..Court TV's evil twin of Nancy Grace...geeze!

"They are still analyzing forensic evidence"...Kim would love this.."They rush...smoking gun DNA analyses is blood."..

sw

[spectre]

"So much EVIDENCE..hair, blood, fibers...so much EVIDENCE that it defies 'common sense that he didn't do it'"....We take issue with that, Beth!

sw