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.

---

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]

So the bottom line is that back yards aren't in view of each other?..and he can't see her bedroom? That was such a sick picture in my mind. :( Glad to know it's a false alarm!

[Freedom2specul8]

Hi RR... how are ya this evening?

[Freedom2specul8]

Well seeing her dad defend drug use in the home maked me wonder what kind of shape he may have been in that night

I've had people say, "you know Kim, when I was getting divorced, I took anti-depressants and sometimes xanax and sleeping pills ..I would not have heard a thing if I my kids were taken unless someone screamed"... it gave us both chills...

[RnMomof7]

Well in my home of 7 we slept with all the bedroom doors OPEN..I heard them when they got up to go potty:>) I would suggest you tell your friends they are a danger to their children..if a fire breaks out or if one of them choke they need a grown up that is clear headed..unlike the VD and your Xanaxed friends

[Freedom2specul8]

Polly Klaas case as supposed evidence to indicate that we are wrong to criticize the VDs behavior

It's really frustrating to know that my statements are being misunderstood misused, depending on who's commenting. I haven't used klaas to defend the Vd's behaviour..far from it. It's a perfect example of some people being so out of their minds, that they will walk in and grab a child in front of people. In other words...feeling safe might not necessarily be so.. just something to think about.

[Freedom2specul8]

I don't have xanaxed friends, this was something a friend mentioned when she went through a divorce years ago. LOL Glad to know that legal prescribed sedatives would not interfere with your sleeping patterns.

[RnMomof7]

Never need them..a clear conscience ya know:>)

[rolling_stone]

You people have it all wrong, BVD said she was the designated driver and clear headed and didn't have a drinking habit..that was sworn testimony...and don't forget it...LOL...;)

[Freedom2specul8]

Do you realize how many united states parents are taking legally prescribed mind altering drugs? LOTS --not to mention st john's wort..self-prescribed... SIGH...lots of drugged people out there eh?

[RnMomof7]

You people have it all wrong, BVD said she was the designated driver and clear headed and didn't have a drinking habit..that was sworn testimony...and don't forget it...LOL...;)

This was a woman that needed to be high to let her husband pimp her

I believe she does not know who she danced with ..my guess is she was in a blackout

[Freedom2specul8]

Me either! I quit drinking wine a couple of years ago...but other people are either not so strong, or are in dire need of medical attention. I bet there are a lot of people are are misdiagnosed ..and given anti-depressants to save teh insurance and docts tests, $ and hassle.

[RnMomof7]

Do you realize how many united states parents are taking legally prescribed mind altering drugs?

Look around you ...and see the result of adults that never learned how to handle emotions...and then look at their kids..nuf said

Do you realize how many " conservative " freepers are pimping their wives ..amazing! (the things you learn on FR)

If it feels good do it..but do not raise my taxes conservatives

[RnMomof7]

alot of folks do not want to face their problems and would rather be mind numbed

[Amore]

Yes, I guess there are an awful lot of "drugged" people out there if you consider people who take generally innocuous drugs like St. John's Wort to be "drugged." And don't forget about all those people who take those other drugs like aspirin, and ibuprofen, and acetamenophen, and . . . oh, the list is almost endless!

[RangeRatt]

fine, still getting laid off, but I am a little bit more okay with it than I was the other day...and you?

[Freedom2specul8]

LOL cute, but not really funny.. St John's wort is NOT like aspirin.. it's got the same properties as prozac..which does not have a ''great'' reputation. Gosh, if you are taking it, it is something to take a bit more seriously. I guess you already have an idea of the statistics on how many people sleeping pills, tranquilizers, momma's little helpers?

[Freedom2specul8]

Oh rangeratt, did you freepmail me with that? Or did you post it on the thread?

[RangeRatt]

Oops, I did it again...damn.

[rolling_stone]

I checked both KOGO and KFMB audio of Damon's testimony, but they end at a break before he talks about Layla(the 4 legged dog with the weak bladder & voice)being put in Derrick's room...wonder why?

[Freedom2specul8]

Is it safe to use *Hypericum is a drug*

St John's wort..interactions
information on st john's wort

public alert on st john's wort