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.

[FresnoDA]

ANALYSIS OF BRENDA AND DAMON'S TESTIMONY, based upon the High Placed LE official account.....

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RICK ROBERTS’ SOURCE, HIGH-PLACED LAW ENFORCEMENT OFFICIAL’ TOLD RICK

The comments of Rick Roberts source (a high placed law enforcement official) are in bold type. Additional information from other sources (press, etc.) are in italics.

• Rick Roberts’ high-placed law enforcement official said that the van Dams were involved in "swinging, lots of wife swapping."
• Rick Roberts’ high-placed law enforcement official said that before Danielle’s disappearance, the van Dam’s neighbor, David Westerfield "found out about the family’s (van Dam’s) swinging lifestyle and approached them to host an adult party at his house." "Westerfield told Brenda, I like to hold Adult Parties....you bring the salad, I provide the meat!"

David Westerfield has been quoted in the press as saying that he was a friend of the van Dams.

The van Dams have denied this, stating that their only contact with him was when Brenda and Danielle came to his home to sell girl scout cookies, and when they exchanged greeting as they passed by.

• Rick Roberts’ high-placed law enforcement official said that on the night of Danielle’s disappearance, "Brenda van Dam was at a local Poway bar where she was grinding away "confirmed" on the dance floor and possibly ‘did’ a guy in the parking lot." "Could have been more than 2, since Brenda, Barb, Denise, Keith and Rich "spent some time in the parking lot" partying....

The bar has been identified in the press as "Dad’s Café and Steak House."

David Westerfield openly admitted that he was at the bar that night. He claims that he danced with Brenda van Dam. Brenda denies this.

• Rick Roberts’ high-placed law enforcement official said, "Brenda left the bar with 2 girlfriends and 2 guys and went back to the van Dam’s house." "From Brenda's own lips, she left with Barb, Denise, Rich(the dealer) and Keith"
• Rick Roberts’ high-placed law enforcement official said, "One timeline given in police records shows Brenda coming home from the bar to find the light [on the alarm] flashing and a door open. [She closed the door]." "Brenda admitted in her testimony at the Pre-Lim, when I walked into the house, through the front door, I saw the alarm light flashing!"
• Rick Roberts’ high-placed law enforcement official said that Brenda "‘gave’ one of the girlfriends to her husband Damon ‘as a present,’ and made sure to shut the doors on all the bedrooms so the kids wouldn’t be awakened by loud lovemaking. She did not look to see if the kids were in their rooms." "Brenda AND Barb both went upstairs...as Brenda stated in her testimony, but Barb stayed upstairs, and Brenda went back downstairs...Brenda came up later by her accounts, because the others, Rich and Keith were teasing about how long Barb had been upstairs!"
• Rick Roberts’ high-placed law enforcement official said, "the adults locked themselves in the van Dam’s garage – they have special inside locks so the kids can’t come in – and started smoking marijuana and ‘fooling around.’ The adults in the garage were Brenda, Damon, 2 girlfriends, and 2 guys from the bar." "Brenda forgot to mention this part on the stand, but as presented, this means that Damon, Brenda, Barb, Denise, Keith and Rich went into the Van Dam LOVE SHACK in the garage....
• Rick Roberts’ high-placed law enforcement official said, "after everyone had sex, Damon noticed the [alarm] light blinking and a door open. They were busy with their adult party, so they never checked on the kids." "Now, if after everyone, Brenda, Damon, Barb, Denise, Rich and Keith had "swung", and if then Damon noticed the light....then that would mean a light had been tripped, after Brenda arrived, (where she noticed the first light) and now there had been another entry/exit to the home.

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JUST HOW LONG WERE THEY VD's and their pals in the Garage???  And when did they actually "go to sleep"......we will not know, until Barb, Denise, Rich and Keith are forced to testify...

[FresnoDA]

Ping...) ) ) The CB Club connection is growing stronger...

[isthisnickcool]

SO! WHAT"S THE BIG DEAL!!!?? SEEMS OK TO ME!!

BY THE WAY, HOW'S MY MAKEUP LOOK?

Signed,

Russell-OJ-van Dam-Yates

[FresnoDA]

LOL, party on Wayne, party on Garth....

[Saundra Duffy]

Sickening. The only good thing to come out of this is that the little girl is with our Heavenly Father now.

[spectre]

It just keeps getting better and better. Wonder if any of the guests at the slumber party saw any security lights blinking on the panel?

If Feldman wanted to see how they reacted to his questions, he's gonna cause a few nervous break-downs on the stand.

Of course, the Judge will ask whoever is coming unglued "Are you alright? Are you sure you can go on?"...

I saw this!

sw

[FresnoDA]

Signs, Signs, every where there's Signs......

 

 

 

 

 

 

This is a recap of the AMW information give to John Walsh and company by the VD's......differs quite a bit from their testimony!!

 

Additional Quirks:

Danielle was last seen wearing blue flowered pajamas with flowers
Her favorite colors are pink and purple
Danielle belongs to her local Brownie troop
Family friends have set up a website at: http://daniellemissing.tripod.com 

San Diego police are scouring the Sabre Springs area for 7-year-old Danielle van Dam.  Police say Danielle's parents, Damon and Brenda van Dam, reported her missing when they discovered Danielle was not in her room at about 9 a.m. Saturday, February 2, 2002.

Damon told police he put Danielle and her two brothers to bed at around 10:30 Friday night while Brenda was out celebrating with friends until about 2 a.m. Saturday, a send-off for a woman who was leaving the area, detectives said.  When Brenda arrived home with four friends at about 2 am, police say they ate pizza with Damon and talked for about an hour.  Shortly after the friends left, police say Damon and Brenda told them they noticed lights blinking on their burglar alarm panel and found a sliding glass door and a side garage door open. Police say the alarm was not set, but the panel is a type that indicates when doors and windows are opened and shut at all times. The couple told police they closed the doors and went to bed, and did not check on the children. 

Saturday morning, police say the couple told them a friend stopped by at about 9 am to see if Danielle could come out and play.  Damon and Brenda told police that they thought Danielle was still sleeping and that Brenda went to wake Danielle.  That is when police say the couple discovered Danielle was missing from her room and called 9-1-1.

Police began investigating immediately, using helicopters, horses and dogs to search the area canyons for Danielle, a second-grader at Creekside Elementary School in Sabre Springs. Officers also conducted door-to-door searches and provided the Border Patrol and Customs Service with photos of Danielle to keep watch for her at the border.  Detectives additionally interviewed family members, neighbors, schoolmates and friends about the disappearance, hoping to develop leads, but had no luck. 

Danielle was last seen wearing blue pajamas with flowers. She is white, 4 feet tall and weighs about 58 pounds. She has blue eyes and blond hair.

Police say at this point the parents are not considered suspects and have been extremely cooperative with investigators.  Police are considering one of the van Dam's neighbors to be the prime suspect.  Police have searched his home and impounded his vehicles.  At the time of this writing, an arrest has not been made.

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The most recent Television Interview with the VD's contradicts what they told SDPD and AMW just 2 weeks ago!!  The March 2 interview will be the third major revision to the events of the evening of Feb. 1-2, 2002. 

This is the original post, from the February 9, 2002 broadcast of Americas Most Wanted.  As of March 4, 2002, it was still posted on the AMW website.

Recap of the Americas Most Wanted MISSING PERSONS REPORT…..

1.                  Kids Put To Bed at 10:30 P.M., by Damon VD.

2.                  Brenda arrives at VD residence at 2:00 A.M. with FOUR FRIENDS

3.                  Brenda and her friends "The Four Amigos" eat pizza with Damon, and “talk” for about one hour.

4.                  3:00 A.M., "The Four Amigos" depart the VD residence.

5.                  Damon and Brenda notice the alarm lights blinking.

6.                  Damon and Brenda notice BOTH the sliding glass door AND the side garage door are open.

7.                  Damon and Brenda note that alarm was not “SET” but was only in the monitoring mode.

8.                  Damon and Brenda tell police they closed all doors, and went to bed.

9.                  Damon and Brenda DID NOT CHECK on the condition of the children.

10.              Approximate time, 3:15 A.M.

[FresnoDA]

A point of order!!!

Keith was seen and heard by Brenda and Damon.
Rich was seen and heard by Brenda and Damon
Barbara was seen and heard by Brenda and Damon (Damon kissed and hugged)
Denise was seen and heard by Brenda and Damon.

All were drinking. All were smoking dope. All were in the house. Any one of them could have left a door unlocked.

Did the SDPD take hair and fiber samples from any vehicles at the VD house driven by this motley crew??

I wonder if any of them were mentioned in the initial interviews with police.

Now add that up.

[Freedom2specul8]

Yuck..more of the nasty.. ::wink::

[CAPPSMADNESS]

More of the nasty indeed...... I for one am eagerly awaiting the actual trial to finally see the "slam-dunk" evidence against the accused, and not just rumors and accusations.

[uvular]

Wonder if the two boys had anything interesting to tell investigators.

When my kids were that young and there were visitors, it didn't matter how late it was, the kids would frequently get up to go to the bathroom, get a drink of water, any excuse, to see what was going on.

[vacrn]

Can you add me to your ping list, please?

[RnMomof7]

good flag thanks!

[nothingnew]

Why does this PARTICULAR case get so much coverage?

G-D forbid, but if this was one one of my twin daughters, it would get 3 days coverage in the local rag......What's the deal?

FMCDH!

[spectre]

Don't leave out that Damon went to a neighbor and asked if he'd seen his little "sleepwalker"..(point of order, she "sleep-walked" twice to the bathroom). NOT outside.

Damon and Brenda served refreshments to all those who were looking for their daughter, but they personally never took part in the desert search, where we were first led to believe Westerfield "buried the body in the sand"...LOL!

But the BIGGIE, and Feldman gave us a huge CLUE, IS.....(drumroll)...Brenda's "admission" she color-treated her hair! Now, WHY would Feldman make such an issue of this in the Prelims? Could it be we have a sample of Brenda's hair somewhere it shouldn't belong? Like...on Westerfield's clothes or premises???

I love Feldman :~)

sw

[spectre]

The big deal is that it has all the elements of a who done it...sex, lies, drugs, etc. Huge community search, high profile people and of course, last but not least, the van Dams hired a PR team to make sure they got press. We're just following up on all that PR...

sw

[Freedom2specul8]

Sure will, and thanks for the link on that other thread..

[Freedom2specul8]

If the evidence the police had pointed towards the parents, you and I both would be doing the same thing..

[Freedom2specul8]

sex, lies, money, drugs and videotapes...that's why. Oh yeah, there is a defendant! ;-)

[bvw]

but is there a case?