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.

[Freedom2specul8]

Thank you!!! We'll have to remember to post a reminder sunday or something..

[rolling_stone]

Well, I agree I don't want whoever committed this horrific crime to walk for any reason..but I would hate to see someone rushed to judgement and tried in the media...I think the gag order, having the prelim and DA primary election over will help slow things down.....

Besides the other evidence in this case, the key thing bothering me is the "Wallet" story by DW...if in fact a Park Ranger saw DW' with a wallet full of money saturday afternoon as a detective testified the ranger saw the wallet..(even including possibility of 2 wallets which many men have) it kind of blows the rest of his story as portraid below(you would think he would know they would talk to park ranger and thought up some other excuse??is this guy that stupid?..could be!):

Also DW stating he didn't see Damons Blue Van near their house when he returned home from Dads..Damon says he was home, so if the van wasn't in the garage someone is MISTAKEN

Westerfield told Keene he remembered Brenda said she had a baby sitter staying with her children that night; he didn't think Damon was at home.

Westerfield left the bar at 11 or 11:30 p.m. to go home, and when he got back to his house on Mountain Pass Road, he noticed that neither Brenda's nor Damon's vehicle was parked in their driveway. He went into his home and went to bed.

Saturday

He woke up at 6:30 or 7 a.m. Saturday, took a shower and left his house at 7:45 a.m. with plans to go to the desert. He drove to Skyridge Road in Poway where his motor home was parked, and then took it back to his house to fill its water tanks and load it with groceries. He said he realized he didn't have his wallet, and because he didn't have much money with him, he decided to go to Silver Strand State Beach because he didn't want to pay for gas to get to the desert. He overpaid by $30, and a park ranger returned the extra money.

Westerfield left the beach soon after, about 3:30 p.m., heading home briefly to look for his wallet. The neighborhood was blocked off, and a neighbor told him a little girl had been reported missing. Westerfield said he went inside the house to make sure the girl hadn't fallen into his pool or gotten inside his house.

He couldn't find his wallet at home, so he drove back to Skyridge Road to look inside his 4Runner. He eventually found his wallet and then headed for Glamis, arriving at 10 or 10:30 p.m. He drove around looking for friends who regularly spent weekends in the desert, but he couldn't find anyone he knew. He settled into a spot that turned out to be noisy and became stuck in the sand when trying to move to a quieter spot. On Sunday, he had to find someone to pull him out.

Sunday

Westerfield says he then drove to Borrego Springs and drove down a road that turned out to be too narrow. He became stuck again, and this time, he had to dig himself out. He had not had much fun in the desert, he told Keene, so at 6 p.m., he decided to return to the beach. He drove the back route to Silver Strand, passing through Warner Springs and Escondido, but arrived after the campground gates closed. He ended up spending the night in a parking lot across from the gate.

Monday morning

After a few hours of sleep, he headed back to North County about 4 or 4:30 a.m. Monday. He drove to Skyridge Road a third time, emptied out his motor home and went back to Sabre Springs, arriving about 8:30 a.m. He said he took a shower and did a load of laundry before police stopped by to talk with him.

[Freedom2specul8]

Since they both like to yell alot (or so I'm told), this could be interesting.. I'm still trying to figure out if he use to do talk radio here and if he got fired..

[Freedom2specul8]

I trust him little.. did you know he got stuck 2 times? For someone who does leaves in his rv weekly, I find that pretty odd..

[Valpal1]

It was a voluntary search, Police do not need a warrant to search if given permission. Even Westerfield gave voluntary permission for the first search.

His home wasn't searched until he returned, he was not a suspect, anymore than any other neighbor, until then. It was the initial interview and voluntary search that gave the officers's that uh-oh feeling.

[rolling_stone]

I think it is good to discuss the theories...In my experience, many rumors are true or have some truth to them, but may be "exaggerated" or changed as the rumors go from person to person..likely he had binoculars in his house maybe for camping or something else and the story magnified..There does seem to be evidence against DW but I will still wait to see..if there is any evidence/testimony that the victim was or reasonably could have been in his MH prior to incident..toxicology reports which according to ME are due in "a few weeks"from when he testified..evidence at scene body was found..trace evidence not yet testified to( i expect hair somewhere)and hopefully the PD can eliminate other people ..also would like to know more about similar abduction in Riverside recently..

I think part of my doubt is because I find it more likely that a parent or drugged out person could hurt a child (accidentaly or otherwise)than an adult with no prior history could sneak into a house and abduct someone without being noticed...and an assault and murder of a child is much more horrific than simply negligence causing death and a coverup...One is stupid the other is uncivilized...Hard to believe someone with such thoughts could keep them hiden from their friends..even serial killers usually show some sign of weirdness or a recent articulable stress causes them to go over the edge..jmho...

[Freedom2specul8]

That's the way I remember it...

[Freedom2specul8]

People are destroyed based on rumors....gosh, don't you remember high school and junior high rumors? What the heck is the difference? Maturity? HA!

[rolling_stone]

yes rumors can destroy people look at all the rumors going around here, some turned out to be true, others not true and others unsure of yet...

[Valpal1]

The MitDNA only proved that the blood came from Brenda or one of her offspring, nothing more.

The MitDNA proves the DNA in the panties is from Danielle (descendant of Brenda), that the panties are provably Danielle's based on MitDNA evidence. Now the Blood DNA is an exact match, not just MitDNA match to the panty DNA, that is the link proving the blood is Danielle's. Now that they have tissue for matching, there will be more DNA evidence at trial.

[RangeRatt]

Thanks, Kim! Looking out for me, as usual.

[Freedom2specul8]

Leaks are causing rumors...maybe? It sure has fueled the fire eh? I still say.....I want to know if there is a connection between the sdpd and defense pit bull attny.

[Freedom2specul8]

I forgot..sdpd LEAK..the sdpd LEAK and the defense attn

[Freedom2specul8]

Hey, we be lookin out for each other .. :)

[FresnoDA]

Memorials to Danielle removed from park

By Brian E. Clark
UNION-TRIBUNE STAFF WRITER

March 20, 2002

Not a single stuffed animal, vase of flowers, purple ribbon or pinwheel honoring the memory of Danielle van Dam remained at the small park near her home yesterday.

The only reminder of what had become a huge community memorial was a bare patch of ground near the rear of the park, where scores of mourners had knelt and wept in front of Danielle's picture.

Landscaping crews removed the tributes to Danielle, the blue-eyed 7-year-old who was abducted from her bedroom and killed last month, after neighbors complained that the memorial upset their children.

"We were getting a lot of calls from the homeowners association, asking us to do something because all that stuff reminded them and their kids of what a terrible thing had happened just a block away from here," said Jim Bradley, a spokesman for N.N. Jaeschke, the property services company for the Sabre Springs neighborhood where Danielle lived.

Bradley said hundreds of stuffed animals, about 200 candles, hundreds of balloons, vases of flowers, pinwheels and other items were taken from Sabre Highlands Mini Park on Mountain Pass Road yesterday morning.

Damon and Brenda van Dam, Danielle's parents, were told Friday of the plans to clean the park, Bradley said. They took some of the items, he said, and told him they wanted the remaining teddy bears and other toys to go to Purple Heart, a store in Santee that benefits disabled veterans.

"They didn't object. They understood that kids wanted to play in the park again," he said. "It was pretty full of things that people had left for Danielle. Now, though, it's like it was before, and kids and families are returning to play."

Brenda van Dam declined comment when contacted at her home yesterday.

Sara Fraunces, a spokeswoman for the van Dams, said the couple supported the decision to remove the memorial "to be sensitive to the neighborhood and all the neighborhood children who use the park."

Leslie Huskey, manager of Purple Heart, said she appreciated the donations of the stuffed animals and keepsakes.

"We threw away a few that were damaged or too muddy," she said. "We dried off the others and we've already put them out for sale. Some of them are really big and beautiful."

Across the street from the park, Amy Lee said she was pleased that children could return and play there again. "It was good that people brought flowers and animals to show their sorrow," said Lee, who has an 8-year-old son. "But it is good for it to go back to the way it was."

Another neighbor, who didn't want her name used, said she had attended a memorial at the park two weeks ago and cried and prayed for Danielle.

"Hundreds of kids are dropped off every day at this park," she said. "And I don't think it was right for them to be constantly reminded of Danielle's murder. This was where she played. Children should be allowed to play here again, too."

The woman said she would oppose renaming the park for the slain child.

"I think perhaps planting a tree and having a plaque for her would be a better idea," she said.

San Diego City Councilman Brian Maienschein, who represents Sabre Springs, suggested renaming the park for Danielle several weeks ago after speaking to her parents.

Yesterday, however, he said he would leave it to the neighborhood to decide.

"I still believe there should be some sort of memorial to Danielle because her death touched so many people," he said. "That could be a bench, a tree or a plaque. The decision on that, though, should be made by the community."

[Freedom2specul8]

IMHO, the rumors fueled tabloid journalism, sensationalism and hate. The theories have grown tamer than teh first couple of weeks, I will say that. What if the rumors spewed by roberts were an exaggeration from the leak himself? What then? You know, partial truth, mostly not.

[rolling_stone]

As I recall Rich Brady was described as being the husband of LIZ, Brenda's friend and Keith was LIZ's Brother in-law, you might want to try here.....SD County Assesor/Recorder

[Valpal1]

even serial killers usually show some sign of weirdness or a recent articulable stress causes them to go over the edge.

Would that it were true, but it is demonstrably untrue. Serial Killers (who kill many one at a time, over long periods) are very successful in appearing "normal". Many serial killers have operated 20+ years before being caught and some never are caught.

Perhaps you are thinking of Mass Murderers (who kill many at once, usually in some violent cataclysmic action) like school shooters, workplace rampages, etc. Many have had depression and acute stress before they act.

BTW, I am not implying a serial criminal is involved in this case.

[Slyfox]

Put me on your ping list please. I almost missed this thread. Thanks.

[Freedom2specul8]

Ya should have highlighted this too..ya ol biased reporter you. :)

told him they wanted the remaining teddy bears and other toys to go to Purple Heart, a store in Santee that benefits disabled veterans.