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.

[mommya]

Check out these ...

road course

trail

trail

I got them from here.

Does anyone familiar with the area know if these locations described are very near where Danielle was found?

[Amore]

I don't need the links. I'm very conversant with pharmacology and I can do my own research, thank you very much. I'm also very well aware that there are all sorts of alarmist sites to be found on the web which are based on very tenuous science. And, yes, OMG, I'm a "druggie"! I've taken prozac and found it to be quite beneficial and it has been a Godsend to many. And I'm sick of all the sanctimonious people on FR who view those who take anti-depressants as mere weaklings who should just "suck it up" and get over it. I have no patience with such people.

[Freedom2specul8]

Firstly, 2 of the links were from gov websites..not alarmists websites..although that can be debatable too! I hope you realize that I'm not judging you..my ENTIRE point, (I didn't think it would run the risk of offending anyone dern it)..was that there are a lot of sleeping pill prescriptions out there for example, tranquilizers that are strong..in COMBINATION with anti-depressants. Would parents taking them be judged the same way if they slept too soundly? Probably wouldn't be found out maybe..I don't know. It's highly likely and I would say with 100% certainty that certain legal products, prescription and non, can make people sleep deeper than normal. THat's all I was saying.

[rolling_stone]

I am not sure of the exact addres on Dehesa road, somewhere around 4000 to 5000 maybe even near the intersection of Dehesa Rd and Sloan Canyon...so those are close...it is east of Singing Hills and west of Sycuan..try map quest put in the address with the city being El Cajon...

[FresnoDA]

I defer to your wisdom Fres, and beg your forgiveness for posting such absolute tripe.

Jaded...NO APOLIGY necessary...you were being a good freeper.  You had solid information, and you posted it, with the caveat that your friend seemed sincere about the source.  I am sure he/she is...but it is this type of misinfo which leads to urban legends......the VD's are banking on such misinformation, in my opinion.

Many thought the SWING ALLEGATIONS were that.  But from the VD's mouths, they admitted that 2 guys and 2 gals came back to their house that evening/morning of Feb 1/2.....now, what happened?  Only those 6 know, and maybe the 2 boys, and maybe the Idiot Stealth Dog with the bad bladder.....

So...keep placing your theories and ideas....they are solid....and we will hold each other accountable.....I know you all will do so with anything I put up....stinkypete and his pals will make sure of that!!  LOL

Door to side of VD house......nice workmanship.....

Side gate, not to hard to reach over and unlatch.....IMO

VD searchers.....Denise Kamal maybe???? (Sunglasses)

[FresnoDA]

The park, before it was ordered cleaned up by the Sabre Swings Homeowners Association...

[FresnoDA]

VD house is on the left....note the neighbors on the right....seem to be up and moving...

Guess they are not big supporters of the hours the VD's keep with the garage next to their house!!

[Freedom2specul8]

Fres, those were the ones who just moved in..

[rolling_stone]

$400,000 house & U-Haul could they be house poor...?lol..

[rolling_stone]

From the pic of the back of the houses on the hill I can see where someone might think DW was looking into bedroom...aha maybe someone in one of those houses is a registered sex offender? never know...

[mommya]

I'm trying to narrow down the location of where she was found - just found this ..." Authorities have not determined the cause of death. No murder weapon was recovered from the scene, an unincorporated area across from a sand mine about 25 miles east of San Diego." - from here.

[mommya]

here's what's on one of those trail links -

"Sycuan Summit - El Cajon/Dehesa From San Diego take the 8 to the Washington exit. Go South on Washington to the Dehesa Rd. intersection. Take Dehesa to Sloan Canyon Rd. You'll see a sand company. You can park at the beginning of the road. The trail is about 12-15 miles long to the end and back. There is also another trail at the end of the road to the left."

[rolling_stone]

I thought it was close...from sd union-tribune..The body was found about 25 feet from the north side of Dehesa Road, about a mile east of Singing Hills Country Club and about 11/2 miles west of Sycuan Casino.

[mommya]

I'm not sayin' it means anything - but I think some other posters were onto the Damon/mountain biker trail (no pun intended) so I thought I'd look a little. There seem to be lots of trails in the San Diego area - right in and around Poway even - Big Bear too. It would seem that if Damon was into the sport, he probably would know of the trails.

[rolling_stone]

32 miles, 52 minutes by vehicle from mountain pass rd sabre springs (san diego)lets see round trip 1 1/4 -1 3/4 hours if no traffic and you know the road....

[mommya]

So - If the bouys were indeed in bed around 10pm - give or take - there was still like 3 hrs. left till he'd see Brenda - enough time for whatever happened to result in her death and to dump the body and get back home? - Maybe - but he'd have had to know Brenda wasn't going to stroll in any moment, home early from the bar. Could he have stashed her - then gone out after Brenda was asleep? Possible - but seems unlikely to me. Who knows?

[homeschool mama]

bump

[theirjustdue]

- Maybe - but he'd have had to know Brenda wasn't going to stroll in any moment, home early from the bar.

Probably not that big a risk with her apparent "night out with the girls" pattern. Besides, if she had somehow happened to beat him home, he could have always claimed he was driving around looking for Danielle, who he had just found missing from her bed.

It's sad to even imagine he might be involved, but there does appear to be something he and Brenda are covering up.

[demsux]

Thanks for the info., Kim.

I'm driving to Breckenridge (from St. Louis) today/tomorrow...so I'll be off this thread for awhile, but please keep me "pinged". TIA

[spectre]

Congratulations, Kim! You are the lucky holder of post #666...My ESP told me you were the one who was going to be on it, LOL!

sw