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Feldman's Questions Show Defense Strategy: Dig into Damon and Brenda van Dam's Private Lives!
KNSD NBC ^ | March 19, 2002 | Lynn Stuart

Posted on 03/19/2002 2:33:12 PM PST by 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.

 

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.



TOPICS: Crime/Corruption; Front Page News; US: California
KEYWORDS: vandam; westerfield
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To: ~Kim4VRWC's~

Hooey, hooey!!!  This SWINGER talk is all a bunch of van DAM hooey....

alt

"Count?  Yes Mr. Feldman, I can count.  I mean like, geezz.....1,2,3...4,5,6...7,8,..9..10, 11, 12, 13.......let me think.  Wait a minute...Do you mean "puffs" or "hits", cause like, ya know, if you are talking hits .....14,15,16,17.....what about tokes.  Now if you want me to count tokes...27,28,29,30...That's it...........I have used Maui Waui on 30 occasions.......But I Never Inhaled......"


421 posted on 03/20/2002 9:54:24 PM PST by FresnoDA
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To: rolling_stone

BRING IN THE DOGS!!!!

Search and rescue personnel continued to look through canyons and hillsides near the Van Dam home Tuesday. The investigation, however, appeared to focus on Westerfield as a suspect. A shoe was taken from his home and presented to a search dog before entering the Van Dam home.

422 posted on 03/20/2002 9:57:06 PM PST by FresnoDA
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To: FresnoDA
The truth of the matter is, the person that did this is N

G'nite.

423 posted on 03/20/2002 9:57:33 PM PST by Freedom2specul8
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To: ~Kim4VRWC's~
That's it, game, set, match to kimmie....I fold....(NOT!)
424 posted on 03/20/2002 9:58:22 PM PST by FresnoDA
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To: rolling_stone
Ever hear of menage a trois or foursome?

Unless the garage has seperate rooms in it I think you have it nailed

425 posted on 03/20/2002 9:59:29 PM PST by RnMomof7
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To: crystalk
From the Washington AG's investigative playbook that I have posted many times.

A unique pattern of distance relationships exists in child abduction murders. The initial contact site is within 1/4 mile of the victim's last known location in 80% of cases. Conversely, the distance between the initial contact site and the murder site increases to distances greater than 1/4 mile (54%). The distance from the murder site to the body recovery site again decreases, to less than 200 feet in 72 percent of cases.

The defendant removes a living, but unconscious Danielle (nitrous oxide, available/cheap/effective), takes her somewhere (to MH at Poway),possibly travels some small amount of time/distance before he kills her and drives in MH to Dahesa Rd and dumps body. Returns MH to Poway, goes home before sunrise. Rest is as he states, tooled all over to distract from more local searches. Perhaps never even notices small amounts of blood until much later.

What we know from child abduction/murder studies. Victims are usually dead with in first 3 hrs (74%), perpetrators usually dump bodies very close to actual murder site, but at some distance from the snatch site.

This fits Dahesa Rd site pretty well.

For those who cannot fathom what appear to be "stupid" mistakes. Abduction/Murder is not a rational act, so may not be carried out in a rational manner, but in the manner that fits the obsession/compulsion the perpetrator is acting from. Perpetrators are often very conflicted in their behavior and sometimes want to be stopped.

426 posted on 03/20/2002 10:03:06 PM PST by Valpal1
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To: Valpal1
see y'all tomorrow....g'nite.
427 posted on 03/20/2002 10:54:48 PM PST by RangeRatt
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To: ~Kim4VRWC's~; FresnoDA
How pathetic can roberts and the leak be?

The Roberts' leaks were surprisingly accurate. As is usually the case with a Clintonian mystery, sex plays a huge role in deflecting attention from the heart of the matter - which in the case of the van Dam's is drug use and probably deep involvment the drug distribution.

The van Dams are now cut off from this source of secondary income, and they have had to take out a loan against their house to remain solvent.

428 posted on 03/21/2002 12:05:15 AM PST by Fitzcarraldo
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To: Valpal1
For those who cannot fathom what appear to be "stupid" mistakes. Abduction/Murder is not a rational act, so may not be carried out in a rational manner, but in the manner that fits the obsession/compulsion the perpetrator is acting from.

Who fits the model of "stupidity" more than the van Dams and their friends? You are right that "Abduction/Murder is not a rational act", and this sad group had demonstrated a surprising obsession/compulsion with personal vanity and self-indulgence, leading to the demise of a child.

Perpetrators are often very conflicted in their behavior and sometimes want to be stopped.

If this is the case with DW, then he would have confessed to the crime long ago. No, DW has no choice but to accept the fact he was in the wrong place and the wrong time and has to fight a false accusation.

429 posted on 03/21/2002 12:15:46 AM PST by Fitzcarraldo
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To: ~Kim4VRWC's~
AND we know you're rick roberts in disguise... tee hee

Robert's provided an amazingly accurate picture that force the prosecution's hand in the decision to call the van Dams to the witness stand. Unfortunately, Roberts didn't go far enough in characterizing the van Dam's involvement in the drug trade leading to the third party abduction and execution style murder of Danielle.

430 posted on 03/21/2002 12:24:43 AM PST by Fitzcarraldo
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To: Fitzcarraldo
Does anyone know if Rick Roberts has internet streaming to hear his show? Thanks.
431 posted on 03/21/2002 1:01:16 AM PST by sbnsd
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To: RnMomof7
"Was Barbara interviewed?"

From the report, Barbara only came on the phone to tell them what wonderful people her friends were, the van Dams. She refused to comment further on the case, [accept to say they were telling the truth about that night,] because of the "gag order" .

More PR.

sw

432 posted on 03/21/2002 4:05:34 AM PST by spectre
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To: ~Kim4VRWC's~
I believe the Mountain Bike Club site was posted because it refers to a popular bike trail that exists within the vicinity of Dehesa Road. Damon is a bike enthusiast. No one said he's a member of this particular club, although it might be worth looking into :0
433 posted on 03/21/2002 4:13:47 AM PST by fivecatsandadog
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To: wonders
Wonders,

I have no doubt there are tons of bizarre things going on with the VD family, but in the matter of their daughters kidnapping and death I believe they have gotten the right guy. Not only from the physical evidence found on his property and person, but also from the defense strategy that is being used. It is blindingly obvious what is going to be attempted during trial, not any attempt to put up witnesses and proof of where and what the accused was doing during the time, etc so that he could not possibly have done it, but to parade the VDs activities around. This is not the strategy of an innocent man, but of someone looking for anything to cause jury distrust or reasonable doubt. Blame the victim.

This trial will play out and hopefully when it is done justice will be served. I see no reason to believe the police have the wrong man, and I don't buy the conspiracy theory that the accused was framed or that the DA arrested him just to get elected or that the cops are corrupt and just looking for an arrest and I sure as hell don't buy that one of the VDs guests did it and the parents are covering it up. What I am begining to understand by some people post here however is how murders, rapists and other predators get to walk in this country.

434 posted on 03/21/2002 4:15:37 AM PST by HamiltonJay
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To: rolling_stone
Well, given the rest of the story is filled with not so bright moves (stuck in sand, down road too narrow) who knows. I fail to see the defense some are saying which is he's a smart guy, therefore if he did do it he wouldn't made this or that mistake.... what kind of justification is that? Smart people make mistakes all the damned time... witness most NASA missions in the late 90s, or Bubba's impeachment....
435 posted on 03/21/2002 4:21:35 AM PST by HamiltonJay
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To: HamiltonJay
This is not the strategy of an innocent man

Oh? If you were to represent an innocent before the bar in such a case, you would be slack for not using these defenses.

436 posted on 03/21/2002 4:26:57 AM PST by bvw
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To: HamiltonJay
What I am begining to understand ... is how murders, rapists and other predators get to walk in this country.

Then you understand how it is that it is hard to get a conviction in a nest of liars, cheaters and low-life druggies, without a direct witness or confession.

437 posted on 03/21/2002 4:29:25 AM PST by bvw
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To: HamiltonJay
We are discussing the case to ask questions about if the right person is being accused of the murder, and bringing out the discrepancies in testimony.

It will be comforting to eventually know, without a doubt, if Westerfield is guilty or innocent. That's the way our Justice system works.

My one answered question, remains.."How did Westerfield get the child" since there are is no trace evidence of him ever being in that house" contrary to previous reports. I am totally prepared to fry Westerfield if found guilty based on the evidence that is beyond a reasonable doubt. Till then, we discuss the case.

I once watched an HBO special, where they discussed the Jon Benet Ramsey murder. It was the conclusion, of all the Forensic scientists gathered together at a convention, that the suspect had to be IN THE HOUSE, since there wasn't one single sign of forced entry, nor exit.

The Ramsey playbook is at work here, minus a ransom note and the body being found in the house.

There were people in that house that evening and early morning, and Westerfield wasn't one of them, that's all.

sw

438 posted on 03/21/2002 4:37:19 AM PST by spectre
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To: demsux
"BTW, the dog's going to his house is easily explained by the cookie sales."

One article in the SD Union-Tribune noted that the dogs went to every house in the neighborhood--some sum over 160, I don't recall the exact amount. Like you say, cookie sales.

439 posted on 03/21/2002 4:39:14 AM PST by MizSterious
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To: ~Kim4VRWC's~
"Couldn't lying to police during a murder investigation be Obstruction of justice...interfering with a police investigation?"

Go back to your college days when criminal justice was your minor--did you keep any of your textbooks? I bet you know the answer to that one.

440 posted on 03/21/2002 4:47:44 AM PST by MizSterious
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