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]

He needs to do some homework..I read above where he said Clinton was intelligent.....

[wonders]

I didn't follow this case until recently, and probably thought the same as you, if I thought about it all. An old friend who now lives in the San Diego area is worried about her daughter. Seems people in the area aren't sure the got the right guy or at least the only guy. So I took another look.

Total physical evidence against DW: Two very small drops of blood in the RV (one little drop on carpet near bathroom door, one teeny little fleck of blood on curtain by drivers seat); one little drop of blood on his jacket; a fingerprint on cabinet above bed in RV. None of this evidence can be dated, unless it can be proven beyond doubt that Danielle was never inside the RV before she disappeared. It is possible that the little girl did go inside the RV when it was parked in the neighbourhood, and had a little scratch, a loose tooth or a bloody fingernail (her mother testified Danielle had a nail-biting problem). And the jacket could well have been in the RV at the time. It's not outside the realm of possibility that a curious little girl went peeking inside this "play-house" on wheels.

There is no evidence of DW inside the VD house (would there not at least be fibre evidence?) and no evidence of him at the site where the body was found. If such is found, or if his DNA is found beneath her fingernails, then I will be satisfied that he is truly the guilty one.

According to what has been presented so far, DW supposedly abducted the girl from a busy household with a big dog at around three in the morning, and then what? He took her to his house and did whatever to her? Then, the next morning, he loaded her up, still alive, into his SUV (no trace of her found in SUV), drove to the friend's house where the RV was parked, loaded her into the RV in broad daylight, then drove back to his home in the RV with her still in it, dead or alive, to load up the RV, fill tanks with water, etc., again in daylight, at a time when she was sure to have been discovered missing? Doesn't this sound preposterous, too? Again, it's within the realm of possibility, I suppose.

Lots of moms and dads in the SD area would like to know for sure this really is the right guy, and some child-abductor is not roaming loose.

[Mrs.Liberty]

Drove back to the neighborhood with her in the RV, dead or alive, while the police were searching the neighborhood.

[bvw]

I kinnae decipher thet bit in HJ's post. (to use my scottish)

[wonders]

Yes, that, too.

Of course he could have taken her at 3am, driven in SUV to the RV (ETA 3:30), killed her in the RV, then to Dehasa in the SUV to dump the body, then back home before daybreak. Seems like a lot of driving, not sure it works out. Maybe someone can check out all the drive times.

[Freedom2specul8]

You may already know this.. (LOL), and beins that your namesake was and is famous...I suppose you would know that IF the VD's perjured themselves, they'd be charged with it!! ;-)

[Freedom2specul8]

It is strange that he was so generous in his sophisticated help that the detectives so desparately needed..when apparently, none of the other 200 neighbors pointed out areas, sweated or seemed to have had a bad weekend...IE:Getting stuck in a strange place in the desert, getting her handprint inside his RV, blood on his jacket and inside the motor home while he was at the beach.. tsk tsk tsk:)

[MizSterious]

And I'd like to point out that the fingerprints of one of Danielle's little girlfriends was also found in the motorhome. Were the two of them playing in the m.h. at some time?

[FresnoDA]

Here are the names, with spelling as I have researched.....and a motley crew they are matey!!!

• Keith Stone

• Rich Brady

• Barbara "barb" Easton

• Denise Kamal

[MizSterious]

"Drove back to the neighborhood with her in the RV, dead or alive, while the police were searching the neighborhood."

Really. Kinda like an episode of "Mission Implausible" to me. Does not compute.

[Freedom2specul8]

He had a REAL bad weekend, getting rejected by a druggie/partier on friday night, getting set up (blood, dna and a handprint) for the murder of a neighbor girl who was found nude, getting caught with his "sons" 60,000+ porn pics, beastiality pics, rape animations and possible less than 100 questionable pics of underage looking girls, paying way too much for his rent-a-room at the beach, getting stuck in the sand, being late for an appt, getting bad scratches on both sweating in front of cops and all (/sarcasm)

[Freedom2specul8]

And I'd like to point out that the fingerprints of one of Danielle's little girlfriends was also found in the motorhome. Were the two of them playing in the m.h. at some time?

you're referring to his girlfriend's daughter'sfriend, correct? SHe's also named Danielle..

[spectre]

I read on another sleuths forum, that Barb Easton is going to be interviewed on CBS San Diego live this evening. Did you all hear this?

sw

[Freedom2specul8]

I can't seem to find the Pictures of the scratches Westerfield got...

[MizSterious]

No, I am not. It's one of her playmates. The girlfriend's daughter is in her teens.

[FresnoDA]

Uhm..she was interviewed on CBS Channel 8 "by phone" last night? Is this a NEW interview????

[FresnoDA]

San Diego Police Department Detective John Keene points to evidence photos showing injuries on David Westerfield's arm during testimony at Westerfield's preliminary hearing in San Diego court, Monday, March 11, 2002. Westerfield has pleaded innocent to kidnap, murder and child pornography charges in 7-year-old Danielle van Dam's disappearance and death. (AP Photo/Dan Trevan, Pool)

[RangeRatt]

anything new this evening?

[MizSterious]

I had not heard. My realplayer is definitely on the fritz. I sure hope that if anyone watches, they'll take notes for the rest of us!

[Freedom2specul8]

Thanks fres, if you find the close up ones, let me know.. I'll look for them too.