Feldman's Questions Show Defense Strategy: Dig into Damon and Brenda van Dam's Private Lives!

KNSD NBC ^ | March 19, 2002 | Lynn Stuart

[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.

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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.

[spectre]

Exactly. But you have to look it up for a better explanation than I can give.

MitDNA is Maternal DNA (from the Mother). For example, a suspected hair from the child found in Westerfields home, would be compared to Brenda's DNA, and it would be a match. The Maternal side. So far as I know, when Westerfield was arrested, there was no blood to blood DNA for Danielle, only MitDNA.

sw

[Jaded]

There were no magnets found in the house. He's just trying to find away around it. Maybe it's the plan he uses when Bren is asleep and he's a little too awake. I say that, because it's apparent that they don't play by the swinging rules.

The alarm. We had one that when it was not armed, and doors were opened it would beep and the light for that sensor would come on. It was rather annoying, but you got used to it. We had some sort of problem with the alarm company for the last year of the contract, where the alarm was not monitored by them. However, you could still arm the alarm in the house. If a door other than the primary entrance/ entrances (front door and garage-to-house door)the alarm would go off. So don't be fooled by the "we didn't have it monitored it didn't work" stuff.

About the beep. Ours beeped when the alarm was disabled. We had 1 panel, the beep was loud enough to hear in most of the 1 story house. We got to where we ignored it when the kids were up, and there were people in and out. All the times when you expect movement. When people were setting in front of you, and the alarm beeped you noticed.

IMO, there was no alarm problem, just more creative a**-covering, more smoke, no mirrors.

[fivecatsandadog]

Interesting... thanks!

[Fitzcarraldo]

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.

Let's make sure DW is the murderer. The evidence against him is tenuous. If the case against him falls apart, then police will have to look at the circle of friends of the van Dams, a mingling of sex fiends, druggies and lowlifes.

[Jaded]

Ditto. If fingerprints or DNA can prove he was in her room or other compelling evidence, I'm sure there are several "dissenters", myself included, that would buy raffle tickets to flip the switch on old sparky. We just want to make sure they have the right guy.

Either way, though, the parents created an atmosphere that allowed deviants in to their home where their children should have been safe.

[sneakypete]

You do not want a legal investigation into this case because you personally have decided that the parents are not guilty.

You are full of crap. Yes,I HAVE decided the parents are not guilty. That's because there is zero evidence they ARE guilty,and the police don't even consider them to be suspects.

But perhaps they are.

And perhaps they are space aliens from the planet Beetlejuice? The fact is you and others WANT and NEED them to be guilty in the death of their daughter,purely because you don't approve of their sex lives. I have no doubt at all many of you would cheerfully burn them at the stake if you could get away with it.

[homeschool mama]

My thoughts exactly.

[rolling_stone]

Thanks fro the info...according to what I recall, the VD's had no audible alarm in the house except for the beeping or chirp from the panels..sounds to me they needed a "Bandit Fogger"

Bandit(watch video!)

or maybe they had one as they couldn't see anything going on, and appeared to be in a "fog" so to speak...

[rolling_stone]

You are full of crap. Yes,I HAVE decided the parents are not guilty. That's because there is zero evidence they ARE guilty,and the police don't even consider them to be suspects.

Glad you decided the parents are not guilty..of what? Obstructing a Criminal Investigation, Child Neglect, Perjury, Felony Stupidity, lying to Police Officers, or having something to do with the death of their child?

While the Police said they didn't consider them suspects at one time, was that before their deception was ferreted out? Could they now be suspected of some crime? Does the name Richard Jewell ring a bell? Jim Wade? Stephanie Crowe? Dale Akiki? ah yes the infallible police!

[homeschool mama]

**Either way, though, the parents created an atmosphere that allowed deviants in to their home where their children should have been safe.**

yep.

[Valpal1]

John, Patsy Ramsey Settle Libel Suit

Former Detective Accused Patsy Of Killing JonBenet

Posted: 11:02 a.m. EST March 20, 2002 BOULDER, Colo. -- The parents of JonBenet Ramsey have settled a libel lawsuit.

A former police detective who wrote a book accusing John and Patsy Ramsey of killing their daughter will pay an undisclosed amount as part of the deal.

The Ramseys' attorney said former detective Steve Thomas, co-author Don Davis and publisher St. Martin's Press are involved in the settlement.

The Ramseys sued last year, alleging Thomas made false accusations about the couple in his book titled "JonBenet: Inside the Ramsey Murder Investigation."

In the book, Thomas theorized Patsy Ramsey killed her daughter and then tried to make the death look like a kidnapping attempt. Thomas accused John Ramsey of taking part in the cover-up.

The lawsuit had sought $80 million in damages.Source

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Will this be the Van Dam's and Rick Roberts and his LE Source in a few years?

[Jaded]

No, not really, I have read that it creates an awful stench, burning flesh. Besides, do you know how hard it is to get rid of ordinary smoke smells? Tide is the only thing that works. (/sarcasm)

[Valpal1]

No Locals Arrested In National Child Porn Sweep

Earlier Reports Indicated One San Diegan Arrested In Sweep

Posted: 9:48 a.m. PST March 19, 2002
Updated: 12:06 p.m. PST March 19, 2002

SAN DIEGO -- Contrary to earlier FBI reports, no one in San Diego has been arrested in connection with "Operation Canydman."

However, the FBI is investigating at least 12 local cases possibly involved with what it calls a major online child pornography ring.

At a news conference with FBI officials, Ashcroft said that the sting operation began more than a year ago, and that it continues. At the center of the sting was the "Candyman" e-mail group, with an estimated 7,000 members -- including 2,400 outside the country.

Ashcroft said 27 members of the group have been arrested, and admitted to molesting 36 children.Source

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National Review (Bill Buckley's magazine) has had several articles on porn and obscenity prosecutions, sex trafficking, online porn and spam in the last several months. Just as intimated, the Bush Administration (Ashcroft) turned back on the spigot to investigations that Clinton/Reno shut down. One year later, we are seeing the results of that. BTW, there are obscenity prosecutions of adult porn manufacturers presently in LA, it is not just pedophiles they are shutting down. YAY!!!

[FresnoDA]

However, the FBI is investigating at least 12 local cases possibly involved with what it calls a major online child pornography ring.

Very interesting....very.....interesting......thanks Val....good to see you are moving toward the middle ground.....

Also, please note, not extravagant HTML Code was used in this post!!!

[spectre]

Watch the personal attacks, Pete. Moderator threatend to ban anyone from the forum who does this on these threads, not that I care, but some people have been complaining. Just to help you out...as you may have missed the stern warning the other day. Don't want to see YOU banned again.

I resent your accusations that I would gladly burn these people at the stake. How awful.

But talk about a witch hunt, it works both ways, now doesn't it? You've got Westerfield tryed and convicted as a perverted child killer molester, and haven't heard his side yet? I at least want to know if he is guilty, before I pull the switch, silly me.

And about the van Dams sex life, I don't give a care who or what they use to get it off. But combine that with the drugs and alcohol, and they wouldn't qualify to baby-sit a room temperature corpse, much less their own children.

sw

[Valpal1]

Tell ya what, you sure can tell who does and who does not have a sense of humor on these threads!

ROTFLMAOPIP when I got home. It was great (and cheap) entertainment.

I'm sure FDA will continue to keep us informed with his/her? shrieking HTML headlines throughout the trial.

[FresnoDA]

Watch the personal attacks, Pete. Moderator threatened to ban anyone from the forum who does this on these threads!!

YOU'VE BEEN WARNED!!!

[theirjustdue]

"Ditto. If fingerprints or DNA can prove he was in her room or other compelling evidence, I'm sure there are several "dissenters", myself included, that would buy raffle tickets to flip the switch on old sparky. We just want to make sure they have the right guy. Either way, though, the parents created an atmosphere that allowed deviants in to their home where their children should have been safe."

Very well said!

[FresnoDA]

MEMO

TO:        Valpall

FROM:   FresnoDA

RE:    Post # 134

Retracting my olive branch.......

WELCOME TO ALL VD APOLOGIST....GLAD YOU ARE BACK IN THE SADDLE

ALSO, REGARDING THE MEETING YOU ATTENDED LAST NIGHT.......SOURCE?

FRESNODA    shrieking html code/ON (LOL)

[Mrs.Liberty]

try using blinking marquee next time..that will really send ValPal into orbit.