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
Uhmmm, it was at the request of the sheriff, not the defense.
Van Dam also asked questions about how and when Westerfield would be moved to the courtroom, the deputy said.
"He almost appeared like he wanted to do something to him or he was going to have something done to him," the deputy said.
The deputies warned van Dam last week to stay away from Westerfield.
But on Monday they took the issue to Judge William Mudd after a deputy saw van Dam staring at Westerfield through a window on the courtroom door before the proceedings began. When the deputy asked van Dam what he needed, van Dam replied, "I just want to let him know I'm here."
I few years ago our daughter lived with us because her husband was deployed overseas. My granddaughter was 8 months old.
Both of our girls and one of our grandkids had the tendency to spike a very high temperature with even a mild illness when they were babies and toddlers.
One morning at about 3:00 am my daughter rushed into our room with the baby in her arms. She was limp, her eyes were rolling back and she was somewhat unresponsive. I was scared to death. But even at that, we tried to think for a minute if we should drive her to the hospital or call 911.
While checking her, a foamy substance started coming from her mouth. That was it. The call was made immediately. As it turned out (as I suspected) she had had a febrile seizure. Unbeknownst to us, she had an ear infection and that temperature shot up suddenly in the middle of the night.
My point is......we were terribly frightened, but the call was almost more terrifying because we were acknowledging to ourselves that it was serious. We felt horrible dread.
I believe that most people would want so badly to believe that she had to be somewhere in the neighborhood that they would thoroughly check that first. Naturally, that is why the 911 operator asked them if they had.
All would be different if it had been dark or the middle of the night. But since it was well into daylight, there would be a good chance that a 7-year-old would have gone outside and was playing somewhere.
I think the call may have been made right after the supposed discovery because they knew Danielle wasn't going to turn up. Sooner or later it had to be reported. There was plenty of time after the night before to get the story in order and then play it out.
I know that smears some people's red lipstick and interrupts other's porn obsession, but I think it is a definite possibility.
Her death may have been intentional or accidental, but the parents' involvement makes a lot more sense than Stealth Ninja Dave.
They have lost a child, and God only knows at this point, how it happened. Not in my wildest, most desperate point of absolute loneliness, would I EVER even contemplate having these two as friends..They are that morally bankrupt.
I'd die first.
sw
Dialing 911 so quickly is NOT abnormal. If a child, especially 7yrs old is missing from the house..at that age, and the yards and garage are checked... it's time to get help. Time is of the essence, especially in the big cities. Not only do you have to ''wait'' for the cops to get there..but THEN you have to wait for them to do their routine before they declare the child missing themselves. That takes precious time. IF the child is found, everyone's happy, alert or call is over and the police are HAPPY that they don't have to find a missing child. We have alerts that go out over radio, tv news..so people can be on the look out..extra eyes looking for the missing child. So far, the child the record's been great. Mostly runaways over age 12
Same thing recently happened to me. I was talking on the phone while minding my six-year old grandson. When I got off the phone he wasn't in the house. We have a seven acre piece of property which backs a lake. I checked the bathrooms and porches, ran around the yard and headed to the lake...yelling his name the entire time. I was frantic! Then I headed to his house...which is on the other side of the same property...to enlist his mom's help in the search. I found him there, quietly eating a peanut butter and jelly sandwich. He said he was hungry, didn't want to disrupt my phone call, so went home on his own to get lunch.
I wasn't fearful that a stranger got him...we are at the end of a dirt road...no one can get on the property without being noticed...but we do have gators. Here's a photo of my mom and a neighbor with one we caught last night...
There is a lot of anger about these parents. Whether or not it was passively or actively, a good many people think they are responsible for what happened. It undoubtedly plays in favor of the defendant even if he is guilty.
I think a handler or two....maybe the PR folks...told them they needed to work on drawing more sympathy. Ater all, Brenda is going to want to sell a lot of books.
I am not surprised to hear one of ya'll say that.
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