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.

[RangeRatt]

I should HOPE so...wow.

[bvw]

A lie detector test -- that was Walsh's big "evidence" railroading Westerfield tonite on H&C. A lie detector test given to a druggie (BVD) on xanax and other "anti-anxiety" drugs. Yeah, that's the ticket.

[Freedom2specul8]

He said a sexual pervert entered that home..and that he more than likely has been tracking Danielle for a long time. Some of us have been saying that for a long time.He said the detectives had a lot of evidence against the defendant..that he's been involved with the case. Did you see it by chance? How did he word it...when he spoke about civil liberties and his reference to govt..insinuating that we don't need big brother in the living room? I think that is what he is referring to when asked about smoking pot. WRT:pot..don't forget...not all people believe it's any more deviant than drinking beer. It depends on which side of the ''fence'' ya stand on. On a degree of criminality..it's much less than what the defendant is on trial for. There should be so much outrage over the killing itself. I posted some info on an earlier thread..it spoke of abused and neglected kids..obvious signs. Don't you think that if the boys were neglected and abused, the counselor would have said something by now? It's a felony to not report the parents. This whole case would be so much different if the kids had signs of abuse...

[Freedom2specul8]

LOL~!!! It's amazing what one can learn and do when one is victimized by a murderous, insane, sick, disgusting lunatic pedophile.

[Freedom2specul8]

shrieking HTML coding poster

That was as good as golitely's snot-o-gram!! ROFL

[Uncle Sausage]

Some time last week, an article about criminal profiling was posted. Something about two types of perps, one who meticulously plans and carries out a crime and another type who acts on impulse or takes advantage of a situation. The author said the kidnapping of Danielle was the work of the latter type.

Westerfield is an engineer, his house was in perfect order and the 66,000+ obscene files on his computers were carefully organized. Is this something his attorney could work into his defense?

[fnord]

please don't assume ...

[Freedom2specul8]

If you mean about my #44, I was talking about john walsh's background... not the vd's..

[Freedom2specul8]

http://ojjdp.ncjrs.org/fedreg/missing.html

Fifteen percent of family abductions involved the use of force or violence,...About half of family abductions occurred before the parents' relationship ended.

As NISMART found, it is not uncommon for child victims of family abduction to have their names and appearances altered; to experience medical or physical neglect, unstable schooling, or homelessness; or to endure frequent moves.

NISMART estimated that 3,200 to 4,600 short-term nonfamily abductions are reported yearly to law enforcement. Of these abductions, approximately 200 to 300 were kidnapings in which the child was either murdered, gone overnight, transported a distance of 50 miles or more, or detained by a perpetrator who intended to keep the child permanently.

The study found that in more than half (53 percent) of the instances, the offender was known to the victim.

• Most victims were abducted within one-quarter mile of their last known location, while younger victims were usually abducted closer to their home.
  
  
• Victims were selected on the basis of opportunity in 57 percent of the offenses.
  
  
• Sex was the motivating factor behind the offenders behavior in most (70 percent) of the cases.
  
  
• More than two-thirds of the time, the initial call to law enforcement was to report a runaway or missing child.
  
  
• The research indicated that thorough, repetitive, organized neighborhood canvasses are critical to identifying the offender.

NISMART estimated that 438,200 children are lost, injured, or otherwise missing each year. Of this total, 139,100 cases are serious enough for the police to be called. Almost half involve children under 4.
For families of missing and exploited children, the impact of these crimes can have equally devastating effects. Emotions range from fear and anger to a sense of helplessness. Parents are often on their own when searching for their children. Like the victims of abductions, many parents do not receive the necessary support or counseling services to help them cope with this personal tragedy.

[bvw]

That Walsh spoke with hubris and bluster -- cutting off Mr. Hannity's legitimate questions about the VD's and calling Westerfield a pedophile outright (at least so I remember) -- that is a tell. He was loud and overbearing because he had not facts. Truth speaks softly.

[Freedom2specul8]

Honestly, .. He was saying to stop harassing the parents because he was in their shoes and he understands how the media operates. He does this daily for his job.. He's seen it happen way too much. He isn't negating what the parents did... :( Why can't everyone let the child services and the boys' counselor do their job??

[spectre]

Making a point about your personal attack on FresnoDA...While I never backed down from a "flame war", just LAST evening it was put to us NOT to engage in Personal attacks on these VD threads, which would result in banishment.

Take note, because you are still here, none of our side pushed the abuse button.

Go figure.

sw

[bvw]

What works for Walsh in his sucess since those sad events in his own life, is probably what is working against him seeing this case for what it is.

[fnord]

I was talking about buying into the media hype ... FR exists to stand athwart the shallow consensus. .02

[Freedom2specul8]

Being victimized by a freak of nature, as john walsh was, being a founder of victims rights who paved the way for future victimized families by forcing congress to change laws and the way it utilizes the FBI ..really is someone to be admired. He is awesome..

[willyboyishere]

Oh, gosh, CB's is not the way I remember it at all, when it was just a bunch of CB-radio obsessed folks......

[Freedom2specul8]

if you mean FR was created to question the media and of course authority, I agree 100%. Although we all may not agree on a certain issue, I'm sure ALL of us would fight for the right to state our opinions. This particular case has media bias written all over it. They are not suppose to do that..ha ha

[fnord]

hmmmm for later

[FresnoDA]

While you FDA, are a salacious, bottom dwelling, crumbfeeding, crab-eyed, soul shrunk, filth fantacist, shrieking HTML coding poster on FR.

Oh Yeah......Well, you're a WEDDING S(  )INGER!!! LOL

[Freedom2specul8]

I respectfully disagree...JW has worked on these cases for what, almost 20 yrs? I think he has enough background to be able to say..the media does this too much and protests too much when called on it.