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.

[Jaded]

If it is true, it means DW wanted to be caught and stopped, and that's why he made so many "mistakes".

Interesting observation.

[wonders]

According to my info, the dogs didn't go directly to DW's house at all. (If they had, wouldn't an APB on DW's RV have been issued immediately, not to mention other very important things would have transpired?)

No, the dogs went to 127 different locations in the neighbourhood. In my opinion, that indicates the child had gone about the neighbourhood as any kid would, but, absent any direct path detected by the dogs, she must have been taken away in a vehicle very close the house. Of course my info could be wrong or biased.

As for confirmation on the blood being the girl's, at first LEO tested mitochondrial DNA (meaning the DNA matched the mother and her offspring alone). Now that the body has been found and more thorough tests can be conducted, the truth of the physical evidence will all be determined. We have only to be patient on this issue.

Best regards, wonders

[Freedom2specul8]

Couldn't lying to police during a murder investigation be Obstruction of justice...interfering with a police investigation? I guess when I keep hearing that they perjured themselves on the stand by some on here following the case, I keep thinking... Perjury..lying on the stand...consequence.

[Jaded]

Could be just a rumor. Seems to me this is something awfully stupid/ballsy to say to a LEO while HE has the gun. With that statement you're almost asking to get the floor wiped with your butt. OTOH, it's a prediction: the likelihood of the former equals the likelihood of the latter whether by ignorance or omission. My mind reading skills aren't what they used to be.

[RnMomof7]

Was Barbara interviewed?

[Jaded]

#349. Actually, there is a 12 year old missing in Houston. She's been missing 11 days. Last week the pd was given a tip, about an apartment. HPD went, they determined that the tip was a total fabrication. The tipster was picked up and charged with perjury/filing a false statement, obstruction and hindering an investigation. BTW- non-blonde, slightly older Hispanic is only worth $19,000 reward. On the up side $5000 was put up by that district's US Congressman, Gene Greene (whoda thunk it).

[wonders]

Ref your #366: Remember how it was put out in the media that there was no way to tell the difference between Danielle's door and her brrthers' door(s)? And now we know it was quite easy? Well, in my mind, that was because all sorts of creeps tend to come out of the woodwork "confessing" to a crime they did not commit. (Any LEO knows this is true.) So they give out such disinformation to catch these nuts out. No problem here. Make sense? I can explain it more plainly for anyone who asks.

[Freedom2specul8]

Simple answer regarding criminal trial procedures.
http://www.doj.state.mt.us/ago/victimservices/cvsystem.htm

[Jaded]

Here's the short version. A coworker of mine got this from someone in her forum, the originator is supposedly connected to LEO in the area. The coworker and I argue about this everytime it comes up. She thinks he's guilty, I think there are questions, with new ones at every turn. I just thought I'd pass the theory along.

The really odd thing is that when I originally hit the VD threads it was one of those "Gee, I hope they find the kid" and it was the one where SDPD brought in the second dog and my first reaction was "If you can't get it the first time, keep trying until you get the answer you want". It just was odd that PD kept going back and back and back...but hey I have no personal experince with LE.

[Freedom2specul8]

This one is much better...

http://www.lawyers.com/lawyers-com/content/aboutlaw/criminal_10.html

[kcvl]

Is this the same Rich Brady?

Rich Brady (RB516-ORG)
No 3 Putt Co.
P.O. Box 9114
Laguna Beach , CA 92652-7112
US

info@DSCOMP.COM

Record last updated on 21-Jan-1999.
Database last updated on 20-Mar-2002 11:06:00 EST.

[Valpal1]

As for confirmation on the blood being the girl's, at first LEO tested mitochondrial DNA (meaning the DNA matched the mother and her offspring alone). Now that the body has been found and more thorough tests can be conducted, the truth of the physical evidence will all be determined. We have only to be patient on this issue.

Wait no longer. At the PH, the expert testified that later testing confirmed the earlier test. Also, the DNA in the blood spots matched absolutely the DNA from Danielle's panties. The MtDNA was done to show that the panties were indeed Danielle's (proven offspring of Brenda). There is no question, the blood is Danielles's and no others.

[wonders]

REf your #322: Yikes, then I guess the binoculars hubby and I and keep in our kitchen windowsill are proof of that we are depraved, rather than avid bird watchers. Darn, just on Sunday afternoon we qwew watching a Red-tailed Hawk through the binos. Guess we'd better change our nature-loving ways and quickly!!!

[Jaded]

#362- That is the sticking point, isn't it. If they really thought it was him and they knew he was gone why not an APB before he escaped to Mexico? Also if their suspicions were so strong why did they wait for DW to get back to search the house? Surely it was important enough that a judge would sign the warrant. Dang, I'm sorry I posted that e-mail stuff.

[wonders]

At the PH, the expert testified that later testing confirmed the earlier test.

Thank you for this valuable info.

Also, the DNA in the blood spots matched absolutely the DNA from Danielle's panties. The MtDNA was done to show that the panties were indeed Danielle's (proven offspring of Brenda).

Huh? The MitDNA only proved that the blood came from Brenda or one of her offspring, nothing more. Go back and think about it, please. I had to, as well. No shame in that.

Also, much depends on what type DNA tests were done, how many markers, etc. Will all come out in the end.

Thank you for an intelligent post, one I am thinking about.

Best regards, wonders

[wonders]

At the PH, the expert testified that later testing confirmed the earlier test.

Thank you for this valuable info.

Also, the DNA in the blood spots matched absolutely the DNA from Danielle's panties. The MtDNA was done to show that the panties were indeed Danielle's (proven offspring of Brenda).

Huh? The MitDNA only proved that the blood came from Brenda or one of her offspring, nothing more. Go back and think about it, please. I had to, as well. No shame in that.

Also, much depends on what type DNA tests were done, how many markers, etc. Will all come out in the end.

Thank you for an intelligent post, one I am thinking about.

Best regards, wonders

[wonders]

Oh my, the dreaded double post! However did that happen?

Oh my, Yankees! However did they get in? -- Scarlett O'Hara.

[Valpal1]

No, the dogs went to 127 different locations in the neighbourhood. In my opinion, that indicates the child had gone about the neighbourhood as any kid would, but, absent any direct path detected by the dogs, she must have been taken away in a vehicle very close the house. Of course my info could be wrong or biased.

I was under the impression that they took dogs through every home in the first canvass, which is recommended procedure, because of this;

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 3/19/02 10:26 PM Pacific by FresnoDA

</blockquote

[wonders]

They took the dogs through every home on first canvass? Hello? No warrants, nothing? If so, that would have included DW's home. And others I won't mention here. Please, do stop and think about it.

[Mrs.Liberty]

Heads Up for Monday: Rick Roberts and Mark Klass to be on Court TV Monday morning. I do not know the time.