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
Who to believe? Who to believe?
Dusek (for once) didn't "object" when Feldman told Mudd the Van Dams were harassing the Real Estate agents and their clients...I guess that speaks for itself, "who to believe"..
sw
I'm getting ready to go out for awhile myself. Maybe you can answer the question if you think it was normal for the Van Dams to be mad-dogging people about that house or not? Surely, you still have some scrupples left after defending the Van Dams?
sw
We were flipping the channels on the tv ..and stopped on this 'reality' show about a teen who HATES his parents NUDIST lifestyle. Of course we didn't know this right away. within a few minutes, I mean literally few minutes, due to creative editing.. we learned that the mom sat around nude all the time in teh house in front of her ''dressed'' son, they lived in a nude community with nudist restaurants and swimming pool, a local nude band had a nude singer who was literally about 300lbs..., and the mom described for the audience how she was videotaping her son when he was a little kid..and while taping he pooped..I of course was appalled ... Right before we turned the tv off...we watched him get very mad at his mom for sharing that story on camera, and watched her laugh at him for getting angry. She made you want to slap her silly.
I suppose if Danielle was made to be comfortable with a perverted lifestyle someone would have picked up on it......haven't seen evidence to indicate that. Maybe someone will tell us soon, how much little Danielle was really and truly exposed to because currently, Danielle appears to have been nurtured to good health, education, and had good social skills. Of course, there's the movie mommie dearest..but of course, in that movie...(real life) some of het uncles knew what was going on to the little girl. It appears to me the parents led a double lifestyle, one of which was hidden from their kids. There's no evidence to indicate otherwise. THey were active parents, yet had locks reversed so the kids wouldn't catch them doing whatever in the garage. So, if there is more evidence..why isn't the LE leak telling rick roberts?
This is exactly what many on this board have been saying-- where is Danielle VanDam's journal??
Reposting the part from the article.
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.
But of course it's totally ridiculous and impossible for this to also happen at the Van Dam residence. No one could possibly sneak in and out of a home where the parents are wasted on alcohol and pot. Just couldn't happen
I don't think people are saying someone couldn't have gone into the VanDam house and taken Danielle. I think what people are saying is that there are unidentified fingerprints in the Van Dam house, and the probability of a drunk Westerfield going into a house he doesn't know, stealing a child from her bed, the dog not barking, and Daman not hearing anything is farfetched; and the stories that the Van Dams and friends are telling keep changing.
I think you know that you are spinning.
Stages of grief
Denial, anger, negotiation with God, resignation, acceptance..
Could be.
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.
These peope are sometimes volunteers, but are normally paid employees of the prosecution's office. They are a WONDERFUL link between the victims and prosecution office. They are trained to explain court procedures, sit with victims during the trial, help console, answer questions, listen when the victims need to talk to someone who's experienced in this area. They have numerous clients... they are suppose to be the answer to the victims not having a say or a part in the trial. Some nitwit tried to get brenda in trouble...probably had NO CLUE the victim advocate was a paid employee and not a personal friend..
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