Danielle's dad to return to court |
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A judge ruled Thursday morning that Danielle van Dam's father can once again attend the trial of her accused killer. Judge William Mudd, who booted Damon van Dam from his San Diego courtroom June 25 for threatening defendant David Westerfield, said he was giving the victim's father a second chance. "I am satisfied he's had enough time to think about this," said Mudd, before directly addressing the 36-year-old software engineer. "You should know, Mr. van Dam, if I get one report of one incident, I will bar you from the courthouse." Westerfield's capital murder trial is now in its sixth week. Court officers became concerned last month after they spotted van Dam lurking in the hallway through which Westerfield is transferred from the jail to the courthouse. He told one deputy that he wanted to "let him know I'm here." Even after court officers warned him, he continued watching Westerfield's daily transfer closely. The van Dams have made no secret of their disdain for Westerfield, a 50-year-old engineer who lived two doors from them. Danielle's mother, Brenda, glowered at Westerfield throughout her testimony. During Tuesday's hearing, defense lawyer Steven Feldman said both parents were "mad-dogging" &151; "by which I mean [giving] intensely dirty looks" to the defense in the courtroom and hallway. He said a married couple who testified for the defense reported that Brenda van Dam called one of them a profanity in the hallway. And Feldman said realtors showing Westerfield's home, now deeded to the defense lawyers, had complained about the van Dam's behavior. "Potential buyers are being threatened. They're being cursed at. I don't want to use the word attacked, but certainly verbally attacked by either Damon van Dam, Brenda van Dam, both or a combination," said Feldman. Prosecutor Jeff Dusek said Brenda van Dam denied ever using an expletive with the defense witnesses, and the van Dams' lawyer, Spencer Busby, said the other allegations were irrelevant to Damon van Dam's return to court. The judge said he understood the parents' anger, but was bent on keeping emotional reactions away from jurors. The van Dams have generally chosen to leave court for witness testimony concerning Danielle's autopsy and child pornography on Westerfield's computers. After the hearing, Dusek met with the van Dams in the closed courtroom. He told Judge Mudd he planned to give the family a preview of graphic autopsy and crime scene photos that the prosecution will use in closing arguments so that "any visible reaction ... will be hopefully muted." |
By Jeff Dillon
SIGNONSANDIEGO
June 5, 2002
SAN DIEGO The father of Danielle van Dam testified Wednesday that he initially lied to police officers about what went on at the family's home the night his daughter disappeared and that he had previously had sex with two of the women who were there.
Damon van Dam testified that he didn't tell investigators that he had smoked marijuana with house guests and later snuggled in bed with a friend of his wife late at night after they came back from an evening at a local bar.
"You lied to the police, isn't that true?" Damon van Dam was asked by Steven Feldman, the lead defense attorney for suspect David Westerfield.
"Up to the point they told me the gravity of the situation, yes," Damon van Dam said.
Damon van Dam also admitted to having previously had sex with Barbara Easton and Denise Kemal -- two women who'd gone out with his wife, Brenda van Dam, that night -- in the presence of his wife.
"If by intimate relations you mean sex, yes," Damon van Dam said in response to a question from Feldman.
Feldman also grilled Damon van Dam about failing to tell police about Easton, Kemal and other people who would have been familiar with the layout of the family's house, who would have been familiar with the family's dog and who would have known the location of Danielle's bedroom.
Damon van Dam repeatedly said he hadn't considered those details relevant to his daughter's disappearance and that he initially omitted many other details while relating the "short version" of what had happened.
"When I was told it was important to tell the truth, I did," Damon van Dam said.
Dr. Norman "Skip" Sperber said the 7-year-old's four missing teeth could have been knocked loose by an impact with a "soft" object, but testified there were no signs they were hit by a hard, steel-like object or were carried off by predators.
"Animals will usually go after more nutritious tissues such as the liver, the kidney, muscles and such," Sperber said. "Rarely do they attack the face because I think there's not a lot of fat there."
Sperber kicked off the second day of testimony in the trial of David Westerfield, 50, who's accused in the kidnap and murder of Danielle. The girl's father, Damon van Dam, took the stand immediately afterward and answered questions about the family's activities the evening before Danielle's Feb. 1 disappearance.
Though he was matter-of-fact during his initial testimony and even cracked a joke about the mess in his garage, Damon van Dam began to visibly choke up when he was shown photos of Danielle's bedroom and asked to describe it to the jury.
Dusek had suggested Tuesday that the dental evidence showed Danielle had been killed by being forcibly suffocated, holding a hand over his own nose and mouth to show how a killer's hand might break loose a victim's upper teeth.
Sperber is a forensic expert who was part of the team that helped New York City authorities identify victims of the Sept. 11 attack and who has helped identify about 4,000 bodies during his career.
Questioned by Dusek, he said he had been called in on the Danielle case after her partially decomposed body was found in a wooded area off Dehesa Road on Feb. 27.
Sperber said he examined the body's teeth, jaw and head on Feb. 28 and compared them with Danielle's dental records and was "very certain" that the body was that of Danielle.
"There could not be anybody in the world with the same set of teeth," he said.
Four of the girl's upper front teeth were missing and others were loose, Sperber said. Those are teeth with relatively weak roots that children often knock out while playing.
Sperber said the remaining teeth showed no signs of chipping or other sharp trauma. He said animals rarely carry off teeth and that there were no signs any predators had been gnawing at her mouth.
Westerfield defense attorney Robert Boyce questioned whether the body was too decomposed for Sperber to rule out predation.
"Based on the lack of animal activity on the tissue, I would say I could," Sperber replied. There were animal teeth marks elsewhere on her body.