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.

[Mrs.Liberty]

Why thank you! But really..this is about as much as I can do, or have the patience to do.

I guess if I had the time to really get into it, I could, but....then when would I have time to FReep?!

[Freedom2specul8]

DOn't work too hard see ya friday.. rent that video of 8mm with nicholas cage if you have the stomach for it..AFTER the kids go to bed...

[RckyRaCoCo]

And why you should NOT give Kool Aid to children to drink

Why? My family loves KoolAid...

[fivecatsandadog]

Just a thought...the Dehasa Road site...somewhere it mentioned paths/trails in the area. Is it a mountain biking area? Whoever dumped the body there obviously had been there before

Maybe, if I can get the attention of all the HTML Shreikin' FReepers
WAAAAAy back in February, someone did a Google search for Damon Van Dam and if I remember correctly, they found a post to or from him regardin the sale of a bike? Maybe I'm just IMAGINING it. :-)

[fivecatsandadog]

Smurf's up dudes!

[fivecatsandadog]

Help... i tried posting with Marquee and blinker and it didn't work. Followed the instructions at HTML bootcamp, too. waaa

[Jaded]

Being in the vocal minority on FR maybe, but definetly not on variety of other forums.

Then again if public opinion polls were the standard OwlGore would be president. Wait, those were polls where the individuals in a specific demographic area were sought out to prove a point...Oh well.

[Jaded]

Fresno will get right on it....I have to work some today since they are paying me to.

[fivecatsandadog]

BINGO!!!!! I'll probably get booted off for posting from a newsgroup, but...
From: Damon van Dam (t_pvanda@qualcomm.com)
Subject: Re: Competitive Cyclist, Dallas - BAD experience
Newsgroups: rec.sport.triathlon, rec.bicycles.racing, rec.bicycles.marketplace View this article only Date: 1997/09/29

I also did business with the **bleeped** ONCE and never will again. I returned a cassette I bought there and he told me repeatdly for 2 months that he had credited my Visa account. I finally had to go down there (luckily I lived in the Dallas area) and make him fill out the credit in front of me. A friend also bought a pair of wheels there and went through HELL getting them retrued. He is also pissed. (re: with the full story if you see this Bob) STAY AWAY FROM COMPETITIVE CYCLIST (a.k.a. Bicycles Inc.)

From: Damon van Dam (vandam@bnr.ca)
Subject: Trade my GS and Avids for RF+
Newsgroups: rec.bicycles.marketplace
View: (This is the only article in this thread) | Original Format Date: 1996/09/05

Anyone want to trade 8 speed RF+ shifters for my GS 800 Xrays and Avid Speeddial 2.0 leavers. These are coming on a brand new bike ariving next Friday, so if you call me before then they will be pristine...else youll get them with some of my sweat on them (yuk!).

Damon van Dam 214-684-4189 Damon van Dam

[MizSterious]

Moreover, some of the findings in that study were damning to the van Dams' lifestyle. And remember, while it's been widely publicised what was found on Westerfield's computers, sometimes wildly exaggerated, we have yet to hear what was found on the parents' computers, if they were searched at all. FresnoDA's research on the CB's swingers club turned up one event where women dressed as little schoolgirls. Wouldn't that indicate an interest (at the very least) in children for sexual purposes? This was the van Dam's swingers club, not just some random club pulled out of a hat.

[Freedom2specul8]

Ive lost the thread, but the marquee is one of the fun thingees John R turned off.

[Freedom2specul8]

Well, hey..I bet you could build a resume creating those voluntarily for not-4-profits..then after a while..charge a fee. :)

[bvw]

It was abused beyond being fun by some bad eggs.

[wonders]

Here are pix of Dehasa site, showing road:

From what I've read, the place where the body was found was an unofficial dump site, as in people would sneak and dump trash there. Helps explain why so much animal activity, as scavenging animals (coyotes, possums, rats, etc) would already be drawn to the place to feed. But makes one wonder why none of the trash dumpers smelled or noticed the body.

[demsux]

But makes one wonder why none of the trash dumpers smelled or noticed the body.

That was exactly my point last night...they would have seen/smelled the body, IF it was there.

[MizSterious]

Trash dumpers and the first search team also.

[demsux]

I wonder just where that trail goes...does it have access to Dehesa Road? Also, is that a cross street in the upper picture, name?

[bvw]

Do off road bicyclists use paths in that area?

[fivecatsandadog]

Good job. Do those trails go anywhere, or do they circle around the immediate area? Just wondering...

[wonders]

I wonder just where that trail goes...does it have access to Dehesa Road?

From what I understand, the dirt road meets up with Dehasa Road diagonally down and to the left, lower picture. I also have read the area has been cleaned up and the property owners have installed a chain link fence gate where the dirt roads meets Dehasa.

Also, is that a cross street in the upper picture, name?

I don't have a clue, don't know the area.