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Feldman's Questions Show Defense Strategy: Dig into Damon and Brenda van Dam's Private Lives!
KNSD NBC ^ | March 19, 2002 | Lynn Stuart

Posted on 03/19/2002 2:33:12 PM PST by FresnoDA

Experts say attorney Steven Feldman's questioning of the van Dams gives clues to the strategy he will pursue during the trial.
 
Feldman's questions show defense strategy
 
 
by Lynn Stuart
 
SAN DIEGO, March 15 –    When the parents of Danielle van Dam testified Thursday at a hearing to decide if the murder case should go to trial, it gave the suspect's attorney, Steven Feldman, an opportunity to grill them.

Much of the questioning may have seemed like needless digging into the couple's private lives, but experts say Feldman was laying groundwork for his defense.

 

At times during the long day of questioning, Brenda and Damon van Dam appeared openly exasperated by the tough questioning dished out by Feldman. The attorney for murder defendant David Westerfield focused on the couple's drug use, their alleged "swinging lifestyle," and lies they told to police early in the investigation into Danielle van Dam's disappearance. Many of his questions were ruled irrelevant, and at times it appeared to the untrained observer that the attorney was asking the same questions over and over as he tried to find a wording that satisfied the judge. But legal experts gave Feldman's savvy courtroom performance high marks.

"It may just look like not much was happening, but Steve Feldman really got in there, he did his homework and he got the answers to the questions he needed to get," criminal defense lawyer Gretchen von Helms said.

Some of the questioning was an attempt to catch the van Dams in inconsistencies. If Feldman can show that Brenda or Damon answered Thursday in ways that contradict or were inconsistent with their past statements or the testimony of others, it could hurt the prosecution's case when it goes before the future jury.

One example is when Feldman questioned Brenda about her night out at Dad's Cafe.

"You just told me you don't recall dancing with David Westerfield. Is that true?" Feldman asked.

"Yes," Brenda answered.

Feldman claims that he has witnesses who will testify that they saw Brenda dancing with Westerfield the night before Danielle was discovered missing. That could raise doubts about the mother among jurors, legal observers said.

"He wasn't asking those questions for anything but preparing a transcript so that he can use that for impeaching those witnesses at trial and he did that very effectively.," von Helms said. Feldman peppered both parents with questions about their drug use.

"How often did you smoke marijuana?' he asked.

During the preliminary hearing, the judge ruled that many of Feldman's questions about the van Dams' lifestyle were irrelevant. But during the trial, the defense will be permitted more latitude, and von Helms expects Feldman to bring up the subject again.

"It opens up to the defense to go in an say not only were they doing drugs and having sex and all these other things, which in one side of it, but also that it affected their ability to be parents," von Helms said.

The questioning also gave Feldman a chance to see how the van Dam's react to his questions. How the van Dams appear to a jury could plant seeds of doubt that affect their deliberations on Westerfield's guilt. Legal experts say if the parent's don't show any more emotion in trial than they did in court today, that factor alone could hurt them with a jury.



TOPICS: Crime/Corruption; Front Page News; US: California
KEYWORDS: vandam; westerfield
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To: ~Kim4VRWC's~
Admit it, catching the perp is more important. Say it just once..

He's not likely to say that. It is my OPINION that a lot of the posters to these threads care a lot more about the sex lives of the parents than they do the murder of this little girl. A actual conviction of the murderer will ruin all their fun.

101 posted on 03/19/2002 8:51:01 PM PST by sneakypete
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To: sneakypete
Uh I think most of us here want to see the murderer convicted, but just want to be sure the right peson is convicted.....the track record in san diego is piss poor for getting the right perps for child abuse.....the sex life of the parents is entertaining but the real story is very sad and sick no matter who did it...hopefully all watching this case can learn something from it and from the discussions just like other contraversial threads..no sex in the threads about the Eagle scout shot in the face by the FBI...don't you think it looks like the FBI is covering something up there? Police make mistakes? Could be, last time I checked they were human beings and put their pants on one leg at a time like the rest of us...
102 posted on 03/19/2002 9:09:03 PM PST by rolling_stone
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To: sneakypete
He's not likely to say that. It is my OPINION that a lot of the posters to these threads care a lot more about the sex lives of the parents than they do the murder of this little girl. A actual conviction of the murderer will ruin all their fun.

Club CB link....(Warning-Graphic Content!)

Welcome to Club CB Logoalt

103 posted on 03/19/2002 9:14:35 PM PST by FresnoDA
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To: rolling_stone;sneakypete
Uh I think most of us here want to see the murderer convicted, YEP

but just want to be sure the right person is convicted.....YEP

the track record in san diego is piss poor for getting the right perps for child abuse.....YEP

the sex life of the parents is entertaining but the real story is very sad and sick no matter who did it...NOT EXACTLY..Between Brenda and Barb, they need to be followed around by a Safeway Bag Boy for safety.....

hopefully all watching this case can learn something from it and from the discussions just like other controversial threads..no sex in the threads about the Eagle scout shot in the face by the FBI...don't you think it looks like the FBI is covering something up there? YEP

Police make mistakes? Could be, last time I checked they were human beings and put their pants on one leg at a time like the rest of us...BUMP!!!

104 posted on 03/19/2002 9:18:59 PM PST by FresnoDA
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To: sneakypete
He's not likely to say that. It is my OPINION that a lot of the posters to these threads care a lot more about the sex lives of the parents than they do the murder of this little girl. A actual conviction of the murderer will ruin all their fun.

Therefore let's shut down any and all investigation about the role of the parents in this abduction ... even though it may be not immoral BUT ILLEGAL. You do not want a legal investigation into this case because you personally have decided that the parents are not guilty. But perhaps they are.

105 posted on 03/19/2002 9:25:02 PM PST by BunnySlippers
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To: BunnySlippers

Disappearances go back 4 decades


By Pauline Repard
UNION-TRIBUNE STAFF WRITER

February 20, 2002

Danielle van Dam isn't the first girl in the county to vanish under strange or tragic circumstances.

In eight cases dating to 1960, five girls were found dead and two turned up alive. One was never found.

 Mary Lou Olson, 10, headed for a drugstore in National City on Jan. 3, 1960. She was found dead nine days later, 13 miles south of Tijuana.

When she didn't return to her home on E Avenue, her father called police. Intense searching ended when a farmer found her body in a gully. She had been raped and suffocated. Her killer was never found.

 Patricia Lee Kuzara, 7, of Putney Road in Poway, was walking home from her baby-sitter's house the evening of Sept. 28, 1974. Her body was found in a field off Midland Road the next day. The day after that, the 40-inch-long piece of iron used to bludgeon her was found near Community Road. Her killer was never found.

 Leticia Hernandez, 7, disappeared while playing in front of her home on Bush Street in Oceanside on Dec. 16, 1989.

A search expanded to dozens of officers and 200 volunteers. The FBI checked hundreds of reported sightings of Leticia all the way to Florida.

It ended March 9, 1991, when a ranch caretaker found Leticia's skull off county Highway S16, two miles south of the Riverside County line. She had been dead about a year. Suspicion centered on a man who lived near the Hernandez family, but no arrest was made after a grand jury investigation.

 Crystal Anzaldi, 14 months old, vanished from her parents' bedroom at their 30th Street apartment in Golden Hill the morning of Dec. 8, 1990. An extensive search yielded no clues.

Seven years later, Crystal turned up alive in Puerto Rico, being raised by Nilza Gierbolini. She claimed that a man who had shared the Anzaldi apartment gave her the toddler, but he was never charged with kidnapping. Crystal was returned to her then-divorced father.

 In June 1991, a man lured a 4-year-old girl by offering her a dollar bill in the front yard of her Escondido home. She was found later, alone and crying, by a couple who gave police a description of a car nearby. Police arrested Garry Burr, then 35, who pleaded guilty to kidnapping and sexually molesting the girl.

 Laura Arroyo, 9, of Monterey Pine Drive in Chula Vista ran to answer the door on the night of June 19, 1991. Her parents later saw the open door. They checked with neighbors, then called police. The next day, two women found Laura's body three miles from her home at a Bay Boulevard industrial park. She had been beaten and stabbed. Her killer has never been found.

 Rasheeyda Wilson, 9, told her mother she was going to play outside their downtown San Diego residence at the Yale Hotel on July 15, 1991. Six hours later, her mother called police to report the child missing. Officers scoured the area, passed out fliers and broadcast her name from a helicopter. Rasheeyda has never been found.

 Amanda Gaeke, 9, never came home after riding her bike near her home on Landis Street in North Park on Oct. 3, 1991. Police searching door to door were not suspicious when David Allan Webb, 16, said he knew Amanda.

Her body was found 11 days later in a canyon five blocks from her home.

In May 1996, police acting on a tip arrested Webb, then 21. He had lured Amanda into his home, drugged her, raped her and hid her under his bed while he went to school. After 36 hours he strangled her, then dumped her body. He was sentenced to life in prison.


106 posted on 03/19/2002 9:26:55 PM PST by FresnoDA
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To: FresnoDA
Sorry to flame and run earlier this evening, but had a meeting to go to.

Keep shrieking the HTML code!

107 posted on 03/19/2002 10:02:59 PM PST by Valpal1
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To: Valpal1
or, in the words of BvD, paraphrasing Rodney King, "Can't we all just hit a bong?" </sarcasm off>
108 posted on 03/19/2002 10:11:02 PM PST by RangeRatt
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To: spectre
"Brenda's "admission" she color-treated her hair! Now, WHY would Feldman make such an issue of this in the Prelims?"

Could be a "blonde" hair was found somewhere in Westerfield's RV, home, clothes, etc. and was thought to be one of Danielle's. If, after analysis, it was discovered that it is COLOR-TREATED, not naturally blonde, VOILA! Brenda Van Dam!

109 posted on 03/20/2002 4:13:52 AM PST by fivecatsandadog
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To: fivecatsandadog
Bingo!

Feldman also brought up the point, that Danielle's hair was naturally blonde, thus making the comparison between Brenda's chemically treated hair, and Danielle's natural hair. Remember, they did have MitDNA used for the initial booking of Westerfield evidence.

Could be he's just making the van Dams worry about something that isn't there, and could be they SHOULD worry about something that IS there?

sw

110 posted on 03/20/2002 4:37:46 AM PST by spectre
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To: ~Kim4VRWC's~; valpal1; RangeRatt
RangeRatt said:

'Cause is that what THIS (FR) is all about? Many people, different views, offering opinions, theories, and ideas? That's what I signed on for.

This is just so well-said, I thought it should be repeated. Often. And we should also remember that little ditty we used to say at university: Opinions are like belly buttons: everyone's got one, and everyone thinks theirs is the center of the universe. There's another one about armpits which also applies: Opinions are like armpits: everyone's got them, and everyone thinks everybody else's stinks to high Heaven.

And then there are the words of one of my old profs: Don't bond with your opinions so strongly that you can't gracefully back away from them when, as inevitably happens, the errors of your thinking become overwhelmingly apparent.

Sometimes, there is truth in cliches, which might explain how cliches come into being.

111 posted on 03/20/2002 4:37:52 AM PST by MizSterious
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To: golitely
You went to University? I thought only our class clown went to College? LOL!

As long as we are tossing quotes around, do you remember this one, which applies to our resident class clown:

"Better to be thought a fool, than to open your mouth and remove all doubt"...LOL! :>)

sw

112 posted on 03/20/2002 4:53:50 AM PST by spectre
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To: spectre
"Remember, they did have MitDNA used for the initial booking of Westerfield evidence."

Sorry, missed that... what's MitDNA? I remember on one of the earlier threads speculation about the type of DNA analysis used, and depending on the test used, it could rule out any doubt of ownership (DNA), where other tests determined only a probability of ownership. Do you mean that the DNA was not exclusive to Danielle, that it could still possibly be Brenda's?

113 posted on 03/20/2002 4:57:03 AM PST by fivecatsandadog
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To: spectre
All doubt has long since been removed. (smiley face, LOL, etc.)
114 posted on 03/20/2002 4:57:16 AM PST by MizSterious
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To: FresnoDA, All
From today's San Diego Union Tribune:....
Memorials to Danielle removed from park

Van Dams did not object to playground's cleanup

By Brian E. Clark
STAFF WRITER

March 20, 2002


Not a single stuffed animal, vase of flowers, purple ribbon or pinwheel honoring the memory of Danielle van Dam remained at the small park near her home yesterday.

The only reminder of what had become a huge community memorial was a bare patch of ground near the rear of the park, where scores of mourners had knelt and wept in front of Danielle's picture.

Landscaping crews removed the tributes to Danielle, the blue-eyed 7-year-old who was abducted from her bedroom and killed last month, after neighbors complained that the memorial upset their children.

"We were getting a lot of calls from the homeowners association, asking us to do something because all that stuff reminded them and their kids of what a terrible thing had happened just a block away from here," said Jim Bradley, a spokesman for N.N. Jaeschke, the property services company for the Sabre Springs neighborhood where Danielle lived.

Bradley said hundreds of stuffed animals, about 200 candles, hundreds of balloons, vases of flowers, pinwheels and other items were taken from Sabre Highlands Mini Park on Mountain Pass Road yesterday morning.

Damon and Brenda van Dam, Danielle's parents, were told Friday of the plans to clean the park, Bradley said. They took some of the items, he said, and told him they wanted the remaining teddy bears and other toys to go to Purple Heart, a store in Santee that benefits disabled veterans.

"They didn't object. They understood that kids wanted to play in the park again," he said. "It was pretty full of things that people had left for Danielle. Now, though, it's like it was before, and kids and families are returning to play."

Brenda van Dam declined comment when contacted at her home yesterday.

Sara Fraunces, a spokeswoman for the van Dams, said the couple supported the decision to remove the memorial "to be sensitive to the neighborhood and all the neighborhood children who use the park."

Leslie Huskey, manager of Purple Heart, said she appreciated the donations of the stuffed animals and keepsakes.

"We threw away a few that were damaged or too muddy," she said. "We dried off the others and we've already put them out for sale. Some of them are really big and beautiful."

Across the street from the park, Amy Lee said she was pleased that children could return and play there again. "It was good that people brought flowers and animals to show their sorrow," said Lee, who has an 8-year-old son. "But it is good for it to go back to the way it was."

Another neighbor, who didn't want her name used, said she had attended a memorial at the park two weeks ago and cried and prayed for Danielle.

"Hundreds of kids are dropped off every day at this park," she said. "And I don't think it was right for them to be constantly reminded of Danielle's murder. This was where she played. Children should be allowed to play here again, too."

The woman said she would oppose renaming the park for the slain child.

"I think perhaps planting a tree and having a plaque for her would be a better idea," she said.

San Diego City Councilman Brian Maienschein, who represents Sabre Springs, suggested renaming the park for Danielle several weeks ago after speaking to her parents.

Yesterday, however, he said he would leave it to the neighborhood to decide.

"I still believe there should be some sort of memorial to Danielle because her death touched so many people," he said. "That could be a bench, a tree or a plaque. The decision on that, though, should be made by the community."


Brian Clark: (760) 752-6761;


115 posted on 03/20/2002 5:14:08 AM PST by Mrs.Liberty
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To: RangeRatt
I agree with what you said to bunny...and you stated it VERY well. (I'm not going to mention the examples of flaming first time posters/dissenters on the VD threads)...So yes, everyone has an opinion and FR is about NOT suppressing opinions. Since quotes are being thrown around, here's mine. I think its message is a major factor how we treat other people.

''To educate a man in mind and not in morals is to educate a menace to society.'' -- Theodore Roosevelt

116 posted on 03/20/2002 5:17:23 AM PST by Freedom2specul8
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To: ~Kim4VRWC's~
'To educate a man in mind and not in morals is to educate a menace to society.'' -- Theodore Roosevelt

That is a very good quote, Kim. Applicable to the alleged perp and quite possibly the parents as well!

117 posted on 03/20/2002 5:19:44 AM PST by Mrs.Liberty
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To: RightWingMama
ME_ Yeah, that is awesome! I'm telling you. JW said it took what..days to get the LE off its behind?
You__That is usually the case. Why then did it take the cops about, what..........20 minutes to declare the Van Dams innocent?

Actually, our point was that 20 yrs ago, people like John Walsh were very mistreated, and the case was mishandled. Now, today...cops are on the case within minutes because of John Walsh. He paved the way to congress, and forced the law enforcement community to be better trained and responsive to abductions. Previously, cops had no training...waiting days..now it's minutes. In stores, we have code Adam..meaning, child is missing. In our town, we have a code "amber"...which means all local media alerts the public within minutes after the report so we can be on the look out for the little child. (amber was a victim of a pedophile...)

118 posted on 03/20/2002 5:22:47 AM PST by Freedom2specul8
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To: Mrs.Liberty
I agree with you!!
119 posted on 03/20/2002 5:23:16 AM PST by Freedom2specul8
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To: BunnySlippers
No...and the earlier threads explain it all...
120 posted on 03/20/2002 5:26:46 AM PST by Freedom2specul8
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