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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
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| Experts say attorney Steven Feldman's questioning of the van Dams gives clues to the strategy he will pursue during the trial. |
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| Feldman's questions show defense strategy |
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| by Lynn Stuart |
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| 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. |
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TOPICS: Crime/Corruption; Front Page News; US: California
KEYWORDS: vandam; westerfield
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To: rolling_stone
I don't think so... (fr is REALLY slow for me today..I'll check back in later)
To: ~Kim4VRWC's~; FresnoDA; spectre; RnMomof7; wonders
"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. "Wow, Kim, you've just made our case for us. Thank you! You just verified that having a bunch of stoned, sex-hungry, viagra-fed people in the house just might put the children in danger.
To: HoneyBoo
Yes, that is the theory.
To: wonders
Unlike those innocents released by DNA evidence, it is DNA that is the strongest against this guy. Girls Blood both in his camper and on his Jacket. Scratches on his arms when he returns from weekend camping trip... etc etc. too many coincidences.. My biggest issue is not that maybe this guy didn't do it... which I believe the evidence is overwhelmingly pointing to.. .but the sheer lunacy of the "alternatives" some here are putting forward. Their parents did it, or covered it up, or their guests did it etc etc... its like watching a Clinton spinmeister on full alert! Some people here are just so hung up on the sex lives on the parents that they ignore the evidence right in front of there faces.
To: golitely
But it was rumor. And it did not destroy them. Nothing ever does. (blast it)Yeah, it wasn't enough to bring them completely 'em down, that's for sure. BTW, a lot of rumors have destroyed people's lives. Some are just immune I guess.
To: ~Kim4VRWC's~
WHO stated opinions as facts? Please, let's name names here. I don't recall anyone stating them as facts. And we don't "come down hard" on people who don't hold the same opinions--we come down hard when someone states something that is obviously off-base. There's nothing in the rules here that say we have to buy into claptrap. The ones who are "coming down hard" on people here are the ones who run to the moderator every time someone posts something that disagrees with their opinions. Yup, the very ones who are threadkillers and message pullers. Bannings for bonus. Let's be very clear about who is censoring who.
To: golitely
Ya'll fit the pieces together, or ya SHOVE them until they fit. Ha ha! Just teasing..sort of. :) OR I could have simply meant that the guy is a horn dog who'll do anything if he gets the chance. If he took his anger towards barbara and the other gal at the bar who rejected him out on that child--so be it.
To: golitely
Ok, I'm just telling it like it is..you have your opinions about that..and I have mine. Let it not get between us again, k? I'm just telling you why people stopped posting..that's it.
To: ~Kim4VRWC's~
So now the profile changes? I could have been in the parking lot and it could have been me? It could have been an female at a bus stop, but then it would have been rape and depending on the victims socio/economic standing it could have been another non-story statistic.
This is certainly a turn of profile.
509
posted on
03/21/2002 7:20:35 AM PST
by
Jaded
To: all
Just thinking out loud again..if Damon left the house between say 10:30 aND 2 PM DW or anyone else would have had a much better opportunity to snatch the child and run...of course Damon would not want to admit he left the house as he could be found negligent..but with all the publicity, if he met someone or someone saw him, surely that would be known to police by now? what happened to the rumor Damon was down the street with someone else's wife or at the paintball arcade?
Then again when and how did DW get child into his MH without being seen if he didn't do it right after the abduction..wish we had pics of where he stored his vehicle in Hi Valley ...how secluded was it..any houses nearby? left no scent for dogs...? then there is that darn wallet story...
To: wonders
I think the child was no more available than polly klaas who was snatched out of her bedroom in front of people. Sometimes things just happen out of luck or planning. Of course, if it is because that the vd's handed her over to him..icckk.. I can't even fathom it. That has been mentioned before too.
To: HamiltonJay
Some people here are just so hung up on the sex lives on the parents that they ignore the evidence right in front of there faces.
Touché'....some people are so quick to forgive and be tolerant-chic, that they refuse to face the obvious.
Brenda, Damon, Barb, Rich, Denise and Keith were IN THE HOUSE the night Danielle disappeared.
Confirmed that they were using illegal drugs.
Confirmed that they were uniamorous (!)
Confirmed that the SEXTET were arriving and departing the VD home, while alarm lights were "by their description" going on and off.
Yeah, lot's of evidence IS BEING IGNORED.....
To: ~Kim4VRWC's~
They stopped posting because they didn't want to get banned the next time someone didn't like what they said. Some even considered leaving FR over it. Of what use is a place where only one side of the argument is allowed to be posted--where if you post your thoughts, they will be removed, or you could even be banned? Some atmosphere for sharing ideas, NOT.
To: Jaded
Um..not sure what you're saying. If you are referring to the paragraph posted to wonders, it's simply saying that some violent sex offenders, are not necssarily pedophiles, right? Maybe I read it too fast. Help me out here. I've gotta go do some errands..and fr is speeding up and then slowing down. Talk to ya when I get back.
To: HamiltonJay
Some people here are just so hung up on the sex lives on the parents that they ignore the evidence right in front of there faces. For the record, HJ, I could give a freekin' flyin' rat's boody what type of sex the VD's prefer. And as far as evidence, the evidence is still inconclusive. Until ownership of the blood DNA excludes everyone but Danielle, and DNA on Danielle proves BEYOND A DOUBT whodunnit, until then, doubts and suspicion overwhelm the "evidence".
To: HamiltonJay
OK....
How do you think DW got Danielle out of the house?
What vehicle did he transport her in?
Why isn't his DNA in the VD house?
Like I said, I don't necessarily believe he is innocent, but I sure can't understand how he could get her out of her house unless the parents were TOTALLY wasted. Damon heard the dog whine so ...
My tin foil hat hasn't revealed to me the answers to those questions, and they seem to be crucial to his being convicted as guilty.
Either O'Reilly or Hannity asked the other night "What should we do with pedophiles?"
I say castrate them and gouge their eyes out! I want the guilty person to suffer as much as Danielle did.
516
posted on
03/21/2002 7:26:06 AM PST
by
tutstar
To: golitely
They stopped posting because they didn't want to get banned the next time someone didn't like what they said.
Maybe SOME did golitely, but not all stopped posting because of that... take care and talk to ya when I get back..
To: FresnoDA
SEXTET.....how fitting...yes why didn't they check on the kids after all the flashing lights and dog peeing? I pay more attention to my dog...One thing that I believe Brenda said was true..she asked Damon (when she got home)did any of the kids ask for her? and he said no....
To: rolling_stone
One thing that I believe Brenda said was true..she asked Damon (when she got home)did any of the kids ask for her? and he said no....
BIG BUMP!!!
To: rolling_stone
Some excellent questions from another forum..I would add, why did the girls denise & barb drive to Brendas house and not just meet at the bar(oh yea she was designated driver..after they left her house & sobered up on pizza they drove home?)
from websleuths:
What car was used to drive Barbara and Denise to the VDs before the bar? Where was this car parked when they left? Was it blocking DVDs van? When the group came home afterwards, where was BVDs car parked, as well as the other car? DW said he did not notice Damon's car when he drove by to go home. Was there another car in the driveway, that DW would not have recognized? Thus indicating occupation of the house... Or were there no cars in the driveway? What type of car did the men drive in? Who drove?
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