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]

I am not going to deny, that I have BOTH libertarian and conservative tendencies. (the clinton-impeachment hearings caused that...had the repubs been more tougher..things would be different for them today) It's evolved over the past few years. If the cards lay out..and the evidence shows the police set up dw like oj (ha ha, I couldn't resist)..fine, I'll live wiht it. OR if the evidence was planted by the parents, (though it's being assumed he did not wear the blood stained jacked that weekend)--we'll know soon enough I suppose. As far as having the light of truth shown in dark corners, that's all we've asked for. *rumors aren't the light*, I would consider them more of "talk of a lightswitch".. LOL

[RnMomof7]

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

Depravity knows no limits..BTW a sixings would have beed a very loud bunch!

[Freedom2specul8]

I have no clue...golitely proposed the idea...it has been speculated on the threads and she said freepmail too. I guess to some, it's seems unbelievable that normal people would be focused more on the defendant.

[wonders]

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?

Precisely. As for the theory that DW entered through the garage side door at 1:45, then hid in Danielle's closet from until 3:00 when he exited with her through the sliding door: wouldn't a guy who sweats so much when he's nervous and has been drinking rum and coke really smell up that closet? Peeyooowweee!

As to no DNA in Danielle's bedroom, with careful planning (new clothes and shoes, wore a stocking mask) he could avoid leaving DNA and fibre evidence. But the scent? How to avoid leaving a scent? Is that possible?

Some people have theorised that DW wrapped Danielle in a tarp to prevent any trace of her being found in the SUV. I don't know whether that flies.

If DW did it, he planned it very, very carefully, had nerves of steel, and then lost it at some point over the weekend and messed up.

Surely there must be more evidence that was not brought out at the PH?

[RnMomof7]

There is a scripture that says " what is done in the dark will be brought to the light"

Sin only hides so long..That was my reference

[FresnoDA]

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.

BINGO!!!

[HoneyBoo]

Isn't Damon a mountain biker? Would that not make him familiar with rural areas like Dehesa?

[FresnoDA]

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.

L O L!!!!!

[MizSterious]

"How many times was it said back when, that the van dams were faking grief?"

And it's still being said, and I still believe it to be so. I've watched them turn the tears on and off just like Clinton at the Brown funeral. Nevertheless, these are personal opinions, not rumors. If you don't like them, tough. We're entitled to them, just as you are to yours. Remember the adage about opinions, comparing them both to belly buttons and to armpits.

"That he was pure evil or looked like he did it?"

Again, not rumors. See above.

"Or gut instincts were positive that he did it?"

Ditto--see above. Opinions are not rumors.

"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)"

They are apparently both. As you say, that will come out at trial, but they've already located their "swingers" club, and Fresno has posted links to it for those brave enough or curious enough to check it out.

"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?"

There's one for you. There's actually one more, but you seem to have missed it. Let's see, four out of five of these turn out to be either not rumors in the first place, or the rumor was true.

" 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. "

The rumor, as I recall it, was not that they were being prostitutes, but that they videotaped some of their sessions. Some of us asked (not accused) if those might be sold on the internet. Part of investigating anything involves asking questions, remember?

"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. "

But you'll have to admit, it was all about rumor with the Clinton crime family. You bought into them, most of us bought into them, sometimes without investigation. Of course, with them, betting on corruption is like betting on the only horse in a horse race. But it was rumor. And it did not destroy them. Nothing ever does. (blast it)

[FresnoDA]

454 BUMP....the post, not the engine!!

[Freedom2specul8]

Thanks wonders...

Looks like ya may have found a piece of the puzzle..

"Other situational offenders see children as a substitute for an adult partner. Although these types of offenders do not harbor a singular sexual desire for children, they may react to a built up sexual impulse or anger, that to them, is irresistible. However, the victim is incidental. It could have been a store clerk, an elderly person or simply a woman walking down a lonely street. Because of the circumstances at hand, such as the Polly Klaas incident, the victim happened to be a child. His main criterion for a victim is availability. The situational child molester will usually have few victims, sometimes only one, and never repeat the event again. He could be a social misfit or a psychopathic personality who harbors a seething resentment and hostility towards society in general. "

[MizSterious]

The question did arise a few times, often in the heat of a flame war, and I was just reminding Kim how making such a leap can land one in the ravine. She, on the other hand, is trying to infer that Rick Roberts was the hired gun for Westerfield's defense team. Both accusations strike me as major idiocy.

[RnMomof7]

Ever hear of menage a trois or foursome? a trois = 3

Ahhhhhhhhhhhh a two fer.......( knew what trois meant.....I was just thinking that thew look like a double your troubl double yer fun type)

[Freedom2specul8]

Yeah, that was HILARIOUS wasn't it.. Ya'll are the one who claims she perjured herself..not me. :) (spectre, my smiley faces simply reflect the smile on my face..sorry if it's annoying)

[RnMomof7]

From the report, Barbara only came on the phone to tell them what wonderful people her friends wer

Did she mean in bed?? Ya gotta look for the real meaning of words..was Barb a girlscout leader with BVD or did they ONLY know each other high and in bed??Keep us tuned huh?

[MizSterious]

Admit it, Kim, your "Rick Roberts works for Feldman" theory is no less boneheaded than the "Kim works for the PR firm" theory. One's about as likely as the other, and the evidence for either one is about the same. You cheerlead for the VDs. Roberts dished dirt (which turned out to be true) on the VDs. Doesn't mean either one of you work for someone to get that job done.

[Freedom2specul8]

Opinions are not rumors.

Stating an opinion, and claiming it as fact, which is why so many people were up in arms on those 2 large deleted threads back around March 1st. So....ya'll really have come down hard on people who don't have the same opinion. It seems like some of ya were trying to force your opinions on others..that's why they got so upset and quit posting on the threads. I don't think you were trying to force people to change their 'opinions', I do think it appeared that way...IMHO.

[rolling_stone]

Ever see the TV movie "Precious Victims"?

[wonders]

Ref your #491: You're welcome. But how available was Danielle? He had to go to a lot of trouble to snatch her from a house full of people and a big dog, too. She wasn't standing near an open window on the ground floor where he could just grab her or something like that.

[Freedom2specul8]

LOL I know it's a theory.. I figure it it's good enough for you all to conjecture out of thin air (just kidding-of course the rick roberts airwaves are..well, never mind) It seemed plausible enough to mention..