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.

[wonders]

Ref your #434: I'm not interested in the bizarre things going on the VD family. I just can't figure out how DW did it, given the timeline (see my post #445), and no trace nor any scent of him found in the VD house or at Dehesa. It's an intriguing puzzle. I also don't buy into the consiracy theories -- If not DW, it could, for instance, have been the same guy who grabbed that little 7-year-old girl from her bedroom in Grand Terrace in early March (that little girl escaped, thank Heaven!). If DW did it, it's a very bizarre crime which doesn't fit any usual pattern.

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.

If DW is guilty, I sure don't want him to walk and I don't think anyone else does. But turn it around -- have there not been many people recently released from prison whose innocence was proven by new DNA tests? Yet they were found guilty and spent years in prison. So now I am beginning to understand how all those innocent people were sitting in prison while the real murderers and rapists were free to continue murdering and raping.

I'm not certain whether DW is guilty or innocent. If they come up with evidence showing he was in the VD house or at Dehesa, then I'll be convinced. And if his DNA is found under the girl's fingernails, it's a lock. Guilty.

[wonders]

Ref your #453: Very good points. The timeline I posted was to test out Valpall's theory (in italics at top of post)to see how it timed out, not because I think it happened that way.

[MizSterious]

In this case, I think it must have been a "6-some"!

[wonders]

And, as posted previously, Damon has no witnesses to verify his whereabouts between 10 p.m. and 2 a.m.

I've previously posted that, too. Lots of good questions you're asking in this post!

[MizSterious]

I like your scenario. Wouldn't be surprised if it's the right one.

[MizSterious]

"...planning a civil lawsuit against "rich man" Westerfield when the opprtunity arises."

Yes, they got themselves a lawyer right away--but not the defense kind, the civil suit kind. Odd, eh?

[wonders]

Ref your #452: No evidence of Danielle in the SUV has been announced. Police returned the SUV after checking it, kept the RV for evidence.

I was wondering about how fast he'd have to be going in the RV to make it from Skyridge to the Dehesa site, too. Someone on another board drove Skryridge Road and had this to say: "The road is very twisty and narrow in many spots (lots of 15mph turns). Navigating a large RV must be a little tricky up there."

I just did a Yahoo map search for the address on Skyridge and the Dehesa site and used the drive time Yahoo gave. I thought the drive time might be longer in an RV, but wanted to give Valpall's theory the benefit of the doubt.

You sound more familiar with the area. What do you think?

[tutstar]

These are some of the same things that really have me bugged. It would be a lot easier to swallow if the SUV had evidence of Danielle in it, or, if the RV had been at DW's house that night,or, if there were evidence of dw in VD's house.

The timeline info is interesting also. Being on the other side of the country I have no idea how close the places in point are to each other or how long it would take to drive to them from the VD neighborhood. Very interesting stuff.

I don't necessarily think DW is innocent, I am not convinced that one of the Van Dams don't know more either...and that is because of their dishonesty with the police.

Is it possible police know the answers to some of these questions and that evidence won't be presented until trial?

[wonders]

Kim, I don't know whether this has already been posted on FR and you've seen it. In case it hasn't, you might be interested in the info on this website. Lots of info on pedophiles vs. child molesters, the "situational molester" and so forth. Might be the info you were looking for? Hope it's helpful to you.

[fivecatsandadog]

Seems like they're a little strapped for cash.... and April 15 is a little over 2 weeks away...

[Jaded]

If it's really not DW, his life is RUINED, with no regrets.

[MizSterious]

That was a misunderstanding on my part: the vDs weren't selling the items, the charity was.

[fivecatsandadog]

oops sorry, I'll take that back, for now, anyways...

[Jaded]

Bingo. We have a winner. Also he has to look fresh after the all nighter.

Currently unanswered questions: There still would have been DNA in the SUV or in her bedroom. If he was in her house how come the dogs didn't pick up on it either time?

[MizSterious]

I made the same mistake--the important thing is to correct it to keep the record as truthful as possible.

[Freedom2specul8]

Questions are different that accusations and rumors. How many times was it said back when, that the van dams were faking grief? That he was pure evil or looked like he did it? Or gut instincts were positive that he did it? How many times have they been called swingers when having a threesome or foursome is not the same thing? (the judge would not allow them to admit that yet..maybe later) How many times have we heard that they brought strangers into the house that night and were getting paid for it and how many people found that idea appalling? It just seems to me (and possiby others who are more focused on the defendant) that the ''swinging with strangers and getting paid for it" story took the limelight a long time ago. I've never had a problem with ''investigations'' by people like us on fr. As far as the VD's PR firm hiring people to show up here..seems to me most the dissenters of the prevailing opinion became members before february. Now that if that were true, I would be surprised as well... it's a bit farfetched.. As far as Clinton goes...Our arkansas friends had me convinced that he was going to be bad news when he first ran for pres, so I knew that he wasn't good as gov and the friends were right. He ''may be doing well'', but he RUINED the reputation of his presidency. He WILL be down in books for all the immoral acts...forever remembered as bj clinton

[RnMomof7]

Really? It looks like the Clintons are doing just fine, and they've fueled and worn out so many rumor mills that the rumor industry has never had it so good. And guess what? So far, as far as I know (I might have missed some), every single one of those "rumors" turned out to be true. Blue dresses, rapes, assaults, criminal enterprise. No, I look at rumors, and consider them at least worth investigating. If we had dismissed the Clinton rumors, what a bunch of dufuses we'd have been--Free Republic would be little better than the Democratic Underground. Blind sheep, instead of following the money and other trails.

PING

Those complaining are the libertarian side of the FR coin..don't much like light in dark corners:>)

[Freedom2specul8]

They did the absolute right thing on this occasion.

I agree....and believe that even people that smoke a joint or have threesomes do the rigth thing once in a while, whether they are "Christians" or not. Too bad they care not for their eternal future eh? Hmmm, maybe they do now..and maybe they don't.

[tutstar]

As far as the VD's PR firm hiring people to show up here..seems to me most the dissenters of the prevailing opinion became members before february.

ARe you serious? There are VD PR on here? Or am I just not comprehending this a.m.?

[RnMomof7]

Until the DNA is proven WITHOUT A DOUBT to be Danielle's, and DW's DNA is found on Danielle, I have doubts that DW is guilty.

me too