 |
| 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 |
|
| |
Posted on 03/19/2002 2:33:12 PM PST by FresnoDA
|
|
|
|||
|
LAST EDITED ON Mar-21-02 AT 01:59 PM (EST)
I am posting a possible scenario, with the following caveat: unless forensic evidence can be verified that puts DW in the VD home on 2/1/2002, IMO reasonable doubt exists as to his guilt- given facts we have as of this time. The following is JMO and should not construed as fact, unless it is something brought out in prelim. Because Danielle’s brutal murder is incomprehensible to me, some out of reality humor appears to help deflect the anguish. OK.
11:15 – 11:30 PM: With Gary, DW leaves Dads in a heightened state of angered arousal given the dirty dancing and his inability to connect with babs or BVD, not to mention how babs and BVD were “making fun” of DW with snide remarks within his earshot.
After leaving Gary DW is doing a “slow burn” and drives by VD house a couple of times. He sees one car in the drive, must be the sitter's car. DW is sure DVD is away on business. DW thought he overheard BVD say a sitter was with her kids. DW goes home, turns on his computer, and pours himself a stiff one, then another and another. While watching the arousing images on his computer, his sexual energy and anger fester.
DW is going to “make something happen” over at the VDs to humiliate, embarrass or otherwise get BVD “in deep dodo”. “Maybe someone should scare the sitter chitless by appearing in the FR window with a nylon stocking on his head. DW is hell bent on conjuring up a way to bring BVD to her knees; DW hates women like BVD, always trying to control everything- and won’t share “the Club Roster”.
DW retrieves 2 syringes from a secret cabinet and inserts liquid date rape drug. From the attic, DW pulls down a brand new nylon sleeping bag, the kind that zips up tight. DW wants the sitter to be warm and safe after he snatches her and leaves her in the vacant house/yard next to VDs. OK, got the nylon stocking for his head, got the latex gloves and DW can feel the high of danger-risk.
1:30 AM: DW turns on his backyard floodlight—it will help illuminate the yard in the vacant house and serves to deflect the prying eyes of nosy neighbor Kravitz. Now filled with the bravado of lethal intoxication, DW stealthily moves toward the VD house. He can see the side garage door is open-what luck. Through glassy eyes, DW sees DVD’s van as he enters the garage. Congratulating himself for having the inside dope about DVD's business trip, DW is stopped in his size 12 shoes. “Holy cow! What is that.”? DW hears DVD’s soft, almost inaudible voice as he opens a sliding door and barks at the dog to hurry up and pee. DW always suspected Layla was a wimp. “Oh Bother!” If DVD is home, how can DW scare the sitter chitless.
1:54 AM: As DW struggles to process the deviation to his plan, two cars roar up and park. The group known as “The Pizza Party People” slosh out of the cars. BVD is the designated driver and, as such, timed her 4 vodkas and cranberry juice so that the jigger of tequila she knocked back would leave her clear headed. BVD understands that the designated driver never lets the high derived from La Cigar de Acapulco Gold interfere with being a clearly headed driver.
Like BVD, DW has remained clearly headed and ponders GET ME OUT OF HERE. Cleverly, DW goes out the gate and sneaks into the vacant house yard. The PPP gets louder and the sliding glass door is opened. DW blushes in purple as he hears the PPP ridiculing DW and making fun of how he dances. DW tries to clear his head; it isn’t working. DW is sweating profusely, even in the night air. DW thinks he should take the nylon stocking off his head. But wait-
2:15-2:20 AM: Suddenly the PPP minus BVD are leaving and Babs is chattering about how cute DVD looks in his boxer shorts. So as not to reveal his presence, DW hides behind the “Club” poster that BVD placed in the vacant neighbor’s yard—kind of a Welcome Wagon of sorts.
2:30 AM: DW hears loud arguing coming from the master bedroom. DW pretty much knows the layout of the house. Many times as he drove up and down the street, DW has enjoyed the sight of Danielle in her upstairs bedroom. She likes to make funny faces in her mirror; she dances about, seems very athletic. DW is high with the excitement of risk. Not easy being DW- getting to be an almost 50-year-old male.
2:40-3AM: The VDs are still yelling; DW mostly hears BVD, she is so controlling. Partly because he is getting cold in the vacant house yard and partly because the high from risk taking is euphorically intoxicating, DW makes a fateful decision.
With rolled up sleeping bag in hand, unzipped so he can easily put Danielle inside, DW is ready to roll. Face concealed by nylon stocking and armed with a tiny tool bag for his date rape syringes, which ironically is decorated with pink poodles, DW slithers through the sliding glass door.
Through the haze engulfing his dizzy head, DW feels empowered by his luck at having the door open for him. Hearing the ongoing hollering and possible beginning of sexual activity emanating from the master bedroom, DW noiselessly takes two stairs at a time and instantly identifies Danielle’s door- it has those purple and pink things on it.
Silently opening the door, DW moves to Danielle and punctures her arm with the needle. Danielle starts to cry out, but DW puts his hand over her mouth. As Danielle goes into a slumber, DW notices her mouth is bleeding from his hand. As DW puts Danielle in the waiting sleeping bag on the floor, his jacket contacts Danielle bloody mouth.
Quickly, DW zips up Danielle and lifts the sleeping bag. DW’s hand slips on the knob and he takes off the latex glove to open the door.
While the loud sexual activity is continuing, DW makes his way down the steps and out the sliding glass door. DW is a little dizzy, partly from carrying Danielle in the sleeping bag and partly in response to the buzz of sexual energy he is feeling. DW puts Danielle down and drags her a short distance while he opens the gate.
Taking long strides, DW’s 6’2” frame makes it back to his house in seconds. Into his garage with his treasure. DW is almost beside himself. “Wait till BVD finds out her precious baby isn’t in her bed.”
DW puts Danielle in his SUV, goes upstairs and gets a comforter and puts it on top of Danielle, who is now snuggly slumbering. Unbeknownst to DW, Danielle tiny body is struggling to withstand the impact of the powerful date rape drug flowing freely through her body.
3:20AM or so: DW decides to take Danielle to his RV. It would be good for her to “sleep it off” DW has abandoned #1 Rule: have a plan and follow it. DW doesn’t have a plan for how Danielle will be found.
Now in the RV, DW puts Danielle on the RV’s queen size bed. DW unzips the sleeping bag and is jolted by overpowering sexual urges. Danielle tries to scream, but can’t. Danielle struggles to get away and tries to pull herself up, grabbing the nearest thing- a cabinet beside the bed.
DW injects Danielle again, this time in an artery. She falls back, never to awake again. DW is oblivious to the lethal nature of the injection. DW dozes off for a period of time as yet undetermined by the keeper of the timeline. Awakening with an alarming jolt, as though park rangers were peaking in the window, DW sees that Danielle’s lips appear to be turning blue. He touches Danielle; she seems cold; not breathing;
PANIC: DW grabs Danielle drops her in the RV bathtub and turns on the shower in a frantic, futile effort to revive her. 2 tiny droplets of Danielle’s blood forever mark the carpet and give silent witness to the horror of this night.
DW is instantly sober; his mental gears shift full throttle into automatic self-preservation. What to do! What to do! DW zips Danielle naked, lifeless body into the sleeping bag and goes to his SUV.
GO, JUST GO his mind is telling him. He drives and drives and winds up on a windy country road, Dehesa Rd. Driving up a dirt road, DW drags the body to a place under a tree and obscured from the road. DW places the sleeping bag in a large trash bag and leaves. Stay tuned for The Longest Journey.
End post......FDA
(c) If an AWOL or DFR individual is being detained by civilian authorities the military police
(1) Notify the proper installation commander or coordination authority at once that the individual--
(i) Is being detained by civilian authorities on civil or criminal charges.
reward..wonder how much..
I, (name of civilian representative) an official agent representing (name and address of civilian jurisdiction), accept custody and control of (grade, name, social security number), a U.S. Soldier, for trail on a charge (state offense(s)), I agree, on behalf of the jurisdiction named above, to inform the Commander, (installation address), of results of the judicial process and to return the solider at no expense to the Army or the soldier to said Army installation unless a place nearer the civilian jurisdiction is designed by Department of the Army. The soldier will be returned immediately on dismissal or other disposition of charges facilitating return of the soldier. When disposition precludes immediate return of the soldier following litigation, I will furnish results of the judicial process and information concerning the earliest possible date the soldier might be returned to Army control. I will also advise the designated commander whenever the location of incarceration of the soldier changes or whether soldier is released on bail or bond. I understand the above commander will advise the civilian jurisdiction which I represent if the soldier's return to military custody is no longer desired. I was furnished a copy of this agreement on (date).
(signature)
(position)
(name of jurisdiction)
(Address of jurisdiction)
pertinent part Unfortunately for Westerfield, he is going to have to figure out just how Danielle could have gained access to his motorhome. Further complicating the situation is how did she come to spill her blood in his motorhome?
We will have to wait and see. Brenda Van Dam may have given some help to the defense when she said she never danced with Westerfield at Dad's Bar. Apparently witnesses saw them dancing together. She had previously said that there was minimal contact between her and Westerfield. He had never been in her house.
If it is proven that she wasn't telling the truth about dancing with him is she hiding a more significant relationship? And if she is then maybe Danielle has had more contact with the Westerfield motor home than Brenda Van Dam claims.
We will have to wait until the investigation unfolds more to see!
All I am asking for is to wait and see just like here, as for blood on jacket, the minute spot was on right side near shoulder and could have gotten there from any number of ways especially wiping nose on jacket or such..the totality of circumstances will convict or aquit, I am still not buying his story about the wallet but am waiting for real testimony of Park Ranger to judge credibility...don't forget the "rumor" neighbors gardner saw BVD in the MH on several occasions...which if true could go a long way to explaining things in a totally different light...
Motive:Means:Opportunity. Those are required. The timeline is the key; it's a glaring hole in the prosecution's case, for now. And motive aint exactly clear-cut either.
To me, this sounds like something that a little kid who ran away would do.
About the alleged "Daddy I'm sorry - Daddy please love me" note - wasn't it supposed to be a piece of a page that was torn from her journal? Where's the rest of that or those pages? Could it have been a runaway note with lots of reasons for the runaway? But why keep just that part and not get rid of it all if it was incriminating for Damon?
I wonder what the statistics are for little kids running away? I know it doesn't seem likely that she ran away - she didn't pack or take anything with her that we know of (like money, or extra clothes in a backpack) - but with the lack of evidence of an intruder in the house - it almost seems as though she could've just left on her own.
That would explain the jammies in the house. It could explain the first alarm light as well. And the second light was because of the party goers.
Brenda could have saved that part of her note because by itself if she were still at home it would be meaningless. With her gone it's a plea for CPS. Just my 1/2 cent.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.