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.

[HamiltonJay]

Oh please, you don't think the police investigated every person that knowingly entered that house that evening? I suppose your theory is what? Someone came into the house, found the girls bedroom dragged her out, happened upon an unlocked RV dragged her inside caused her to bleed if nothing else there, made sure to get some on the guys coat as well then too the body elsewhere to dump it in the woods? Sorry, not buying it.. damn, I have never seen so many conservatives take the OJ Defenders mentality in my entire life... s

[HamiltonJay]

, doubts and suspicion overwhelm the "evidence"

Sorry, don't think so, there is a huge difference between "reasonable" doubt and no doubt. Danieles blood in RV and on his clothes, scratches on his arms, etc etc... or the 6 people locked in the garage, planted the evidence on the neighbor. Sorry guys, I see nothing that makes me believe the cops have the wrong man, and all this conspiracy theory sounds like the drivel of a desperate defense attorney.

[spectre]

Of course, there is no question that it's entirely possible that there were corrupt police investigators pinning something on a "designated suspect". I'm hoping, if it's true, a source will step forward...dreaming outloud here.

Another thing to consider about Damon. Why has it been mentioned he may have left the home to visit a "girlfriend" while Brenda was at Dad's?

Again, thinking outloud, it's another "front" he is putting on, in case someone noticed his car missing from his home, which makes it possible he was the one who dumped Dani's body somewhere. {Remember Westerfield said he didn't see Damon's car in the driveway when he got home}.

sw

[fnord]

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

Completely, dead wrong on both points. See what happens when you try to fit a one-dimensional definition into a 3-dimensional world?

[tutstar]

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.

Looks to me, both sides of argument are being posted. But on some of these threads there have been several instances of name calling and that is more ridiculous than some of the theories which have been presented. I get to hear my kids calling each other names sometimes and honestly when I come on FR I'd like see it kept to adult standards of courtesy even when there is disagreement.

Respectful disagreement is to be expected, and should be the standard among adults. I don't understand why it's necessary to "dish" each other because of differing opinions. None of us really know exactly what happened in this case and we may never know.

It does state on the FR posting guidelines "Please: NO profanity, NO personal attacks, NO racism or violence in posts." I would imagine breaking the rules would get one in trouble with the moderators. But I don't think the moderators come online every day with the thought of "Whose opinion can I delete today?"

[HamiltonJay]

How do you think DW got Danielle out of the house?

A young girl asleep, and a grown man at 200lbs plus... do I need to draw you a diagram? You think somehow this would be difficult to get her out of the house?

What vehicle did he transport her in?

Oh I don't know... maybe in the RV WHERE THEY FOUND HER BLOOD?!?!

Why isn't his DNA in the VD house?

Who says there is NO DNA is their house, just none that the cops discovered. What DNA were you expecting to be found? You think he had to forceably remove her and so should be blood or other things there? Have you ever been around a soundly sleeping child? It is not difficult to move them without even waking them if they are sound sleepers.

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.

Her parents by their own admission were locked in the garage and very preocuppied... So, you think someone could not enter the home, take a sleeping child without being noticed in that situation?

[Valpal1]

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.

What a load of bovine excrement. An execution style murder is a single bullet to the back of the head. There were no visible signs of trauma to the head. Danielle was probably suffocated, but possibly was locked up somewhere and dyed of dehydration (which implies accomplices).

This crime has the MO signature of child abduction/murder, which is usually sexual in nature, but not always. The FBI knows this, the SDPD knows this, John Walsh and Marc Klaas know this.

You don't know jack about the Van Dam's income or family background, speculations as to drug trafficking are specious rumor.

[FresnoDA]

Here is an interesting review of the original information, the VD's gave SDPD, as reported by UT.

Parents of missing San Diego girl appeal for return
Feb. 5, 2002, 12:29 p.m. ET
SAN DIEGO (AP) — The parents of a missing 7-year-old girl who police believe was abducted appealed for her return Tuesday.  "Please drop her off safe somewhere," Brenda van Dam said on NBC's "Today" show. "Just drop her off and leave and let her come home to us. Our only concern is getting her back. We just want our baby back." Danielle van Dam, who has blue eyes and shoulder-length blond hair, was last seen Friday night when her father put her to bed in their suburban home. Her parents said they discovered she was missing Saturday morning when her mother went to wake her up. Investigators say they have no suspects and few leads. "We have no reason to believe she walked away," police spokesman Dave Cohen said. "We would have found her already if that was the case." Police said Danielle's parents were not considered suspects. Investigators questioned registered sex offenders in the area, and the FBI was offering assistance but was not actively investigating because there was no evidence Danielle had left California, spokeswoman Jan Caldwell said. Authorities believe Danielle left her home between 10:30 p.m. Friday and 7 a.m. Saturday, when her older and younger brother woke up. The girl's father, Damon van Dam, told investigators he woke up around 1:30 a.m. Saturday to let the dog out and noticed a burglar alarm light was blinking. He discovered a sliding glass door was open and he closed it. He said he did not check Danielle's room at that time. Brenda van Dam, who came home from a bar around 2:30 a.m. and stayed up for an hour with her husband and friends, said she made sure the children's bedroom doors were closed to keep from disturbing them, but she said she didn't check on them. The family moved three years ago from Florida to Sabre Springs, about 20 miles north of downtown San Diego. Their quiet neighborhood has immaculate subdivisions and a new elementary school. Neighbors found it hard to believe a stranger could have seized the girl from her bedroom. "For the peace of mind of the neighborhood we need to know if this was random," said Gretchen Barnett, a mother of three who lives nearby. "It would put us at ease to know that there's not somebody scoping out the neighborhood looking for the next kid."

Damon van Dam, told investigators he woke up around 1:30 a.m. Saturday

Uhm...didn't The Damon say that Barb woke him up?  And he took Layla out around 3:00???

Brenda van Dam, who came home from a bar around 2:30 a.m. and stayed up for an hour with her husband and friends

Thought BVD said they SEXTET only hung out together for about 20 minutes.......

[spectre]

I agree. I saw nothing wrong with the posters who got banned expressing their opinion, even if it involved flame retardent clothing.

I have to laugh, when I think of all the horrible name's I was called during the Elian days. "Bigot", "Commie", "Cold-Blooded", "Castro-Loving". "You should burn in Hell"...and these are only the "nice" things I can repeat were said to me and others.

We didn't cry-baby to JR, we didn't tattle to the Principal, we shot right back. So as long as cuss-words weren't used, it seemed to be fair-game.

NOW, we have this going on. I think it's deplorable, how certain someone's can slam other posters, then cleverly try and soften that blow with a mere "LOL" and get away with it! It's a con game, LOL!

I say we duke it out, and forget about calling in a moderator, but our side has always worked this way...so it doesn't take a rocket scientist to know who's doing the belly-aching, LOL!

sw

[fnord]

It is getting tiresome hearing that one note. Just because we question the media version of events does not mean we are 'hung up' on the swinging life style. Can you get that?

[fivecatsandadog]

there is a huge difference between "reasonable" doubt and no doubt. Danieles blood in RV and on his clothes, scratches on his arms, etc etc...

Last I read, the DNA was inconclusive. An MitDNA was done and confirmed that the blood was EITHER Danielle's OR her mother's. I believe that the all-conclusive DNA test, whatever that is called, has yet to be complete with results. Scratches on his arm? Who knows? He was stuck in the desert, could have been caught on some brush. Point is, NO ONE saw how he got scratched. This forum is here to express opinions and debate both sides of the issue. Your posts come across as very one-sided and belligerant, BTW.

[tutstar]

do I need to draw you a diagram?

LOL....

Oh I don't know... maybe in the RV WHERE THEY FOUND HER BLOOD?!?!

But when did he put her in there? He would have had to drive her to where the RV was parked, OR, taken her out of "his" house in broad daylight because the RV wasn't at his house that night.

Who says there is NO DNA is their house, just none that the cops discovered. What DNA were you expecting to be found?

I did ask previously whether it is possible there is more evidence that was not presented at PH but will be revealed at trial? Did you know that 80% of the particles you see floating in the air are dead skin flakes? Hair also falls out frequently and if he took her from her bed it seems likely that there would have been some of his body hair found on the bedding or floor near the bed jusr from having the child brushing against him when he picked her up.

I can't wait for the trial.

Have you ever been around a soundly sleeping child?

I have 6 kids and not all of them are sound sleepers, I don't remember if there was any testimony as to Danielle being a sound sleeper or not.

Her parents by their own admission were locked in the garage and very preocuppied... So, you think someone could not enter the home, take a sleeping child without being noticed in that situation?

The only thing is we don't know for sure when she was taken. The Van Dams gave some conflicting info as to the times.

I'm not trying to vindicate DW, believe me. But I want to know the answers to my questions and some questions that the other Freepers have posted.Danielle could have been taken while BVD was at the bar and Damon was asleep at the house. They never checked on her til morning. There are registered sex offenders in their area. Investigators said they could not say how long Danielle's fingerprints had been in the RV, unless the police have a lot more to show at trial, I think the prosecutors are going to have a hard time if all they have is what has been in print.

If you're on the jury you have to be able to vote guilty "without a reasonable doubt", right? It just looks to me like there are too many easy outs for the defense to show reasonable doubt.

[spectre]

Hey, fnord, alot of people "get it" and so does the defense. Actually, so does the prosecution and it sure doesn't help their case against Westerfield that the parents were "high" that evening, at the very least!

sw

[fivecatsandadog]

and I might add, I doubt that DW is a victim of some frame-up by the cops or local politics. UNTIL the evidence proves beyond a REASONABLE doubt (ok?) that DW did it, yada, yada -

[RnMomof7]

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.

Ping))))

[HamiltonJay]

AH so, now you think its her mothers blood that was in the RV and on the mans coat? Sorry you're reaching

[HamiltonJay]

I agree, and he's having his day in court... I am not denying him his defense, just amazed at how far, and how in defiance of logic some people are willing to go to try to spin this as he is a victim of an overzealous DA and been framed by the family/police.... They are showing the same analytical thinking skills the OJ defenders still do.

I believe at this point he did it, and give him his day in court... but I don't buy these stories that sound like they are out of the National Enquirer that the DA arrested him for political reasons and cops planted the evidence etc etc...

[spectre]

I'm going to be outside in this beautiful sunshine for awhile.

By the time I come back inside, I hope you will have told us exactly HOW DW got into the house and took Danielle from her bed, without leaving so much as a trace of even a tiny bit of evidence that he was EVER in that house? Did he glide across the floor? Was he invisible?

WE'll start from there...the beginning.

sw

[FresnoDA]

NOW, we have this going on. I think it's deplorable, how certain someone's can slam other posters, then cleverly try and soften that blow with a mere "LOL" and get away with it! It's a con game, LOL!

I agree....personally, I have only pushed the abuse button ONCE in the last 45 days.  And it was due to a profanity laced freepmail tirade I received from BU....didn't cause any havoc for BU, because I received two more profanity laced freepmails from BU, about 2 days later.  

I of course exercised my FR Auto Sensor System, and pressed the delete button.

It was quick, easy and took up little if any bandwidth......

As "golitely" has explained, succinctly on several occasions, and based upon feedback she received from the Admin....they are mostly hands-off on posts, until they get a bunch of squeaky wheels....ABUSE BUTTONS...then they nuke the thread.   The solution, is to stay above the fray, and as mentioned in previous posts, debate the substance....

As a sign of this new level of decorum, I will post the following, as a peace offering to the VDA side!!!

 

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Basic Swinging

Swinging can be an emotionally charged lifestyle. First of all, we "are" talking about having sex with someone other than your own spouse. That by itself can be a daunting prospect, especially for couples who haven’t talked a lot about their sexual fantasies. Second, every event you attend is a test of your people skills: you must make a conscious effort to behave diplomatically, and that’s not always easy when you’re used to dealing with your spouse who knows and understands your moods and various tones of voice. Finally, finding couples whom you are attracted to and who are attracted to you is a lot like dating, you try to make a good impression, you send what you hope are appropriate signals, you ask the big question, and you might get rejected. Here are some "basic rules" to remember.

Basic Rules

 1)   Never attempt to break up a couple.
 2)   Set your limits and stick to them. If the other party cannot accept them, leave!
 3)   Move at your own pace, don’t let someone rush you into something you may regret later.
 4)   Always keep the first meeting on a no strings attached basis, but be prepared to swing if it is    mutually agreeable or to give an honest answer if something doesn’t click.
 5)   Don’t lie and cheat on your soul mate. If you do you're in the lifestyle for the wrong reason.
 6)   Always keep dates unless you give ample notice of changing circumstances.
 7)   Don’t cross other people’s limits.
 8)   Never, under any circumstances exert pressure on a partner to swing.
 9)   Protect the anonymity of other swingers by refraining from name dropping.
10)   Always maintain the highest standards of personal cleanliness and appearance.
11)   Do not engage in any unlawful activity that would discredit swingers as a group.
12)   Communicate and be honest with your soul mate and other swingers.
13)   No, thanks, means NO! No explanation needed.

Remember a swing club is the last place to be shy. To be successful you need to be open.

[FresnoDA]

Remember a swing club is the last place to be shy. To be successful you need to be open.

Does that include, Barb??

One thought.......EEWWWW!!!!!