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.

[FresnoDA]

Bump to the witness of Walshs' hubris.....by ole crumbfeeder crab eyes!!

[Registered]

You know, I keep thinking about what all was involved to abduct Danielle from this house. Can you imagine, all of the comings (no pun intended) and goings? To know where Danielle's bedroom was, to have knowledge that at ANY time the alarm could be armed, that you would have to carry Danielle out of that home without anyone seeing or hearing you..or her, to know that at ANY time you could bump into one of the parents or "guests", or the dog that can't bark. I mean, all of this just boggles my mind that this could happen without a hitch the night she was taken.

[Freedom2specul8]

LOL!!

[Freedom2specul8]

Danielle's door had hearts glued to the outside of it..thereby saying "she's here, she's here!"

[FresnoDA]

Take note, because you are still here, none of our side pushed the abuse button.

Go figure.

WHAT ABUSE BUTTON....That was the nicest thing Valpall has ever had to say towards me.......

FDA (AKA) salacious, bottom dwelling, crumbfeeding, crab-eyed, soul shrunk, filth fantacist, shrieking HTML coding poster!  AND DON'T YOU FORGET IT!!! KAY!!

(Though it would be funny if the VD Apologist push the button....now that would be a crack up!!!  LOL!!

[Freedom2specul8]

shrieking HTML coding poster!... LOL

[FresnoDA]

Being victimized by a freak of nature, as john walsh was, being a founder of victims rights who paved the way for future victimized families by forcing congress to change laws and the way it utilizes the FBI ..really is someone to be admired. He is awesome..

KIMMIE AND JOHN....

SITTING IN A TREE

K.I.S.S..........I.N.G............

[RangeRatt]

living in Florida, especially in the '80's, when Adam Walsh was taken, was unreal- the media coverage, search teams, sheriff's mounted posses, everyone was out there looking. And even today, if you want to see parenting in action, have someone in WalMart lose track of their child and the management pages for a "CODE ADAM"- the exits are blocked, all departments get thoroughly checked, everyone is in action- nobody wants to lose a child, under ANY circumstances.

[Freedom2specul8]

How old are you n-e-wayz? SHEESH!! LOL

[Freedom2specul8]

Yeah, that is awesome! I'm telling you. JW said it took what..days to get the LE off its behind?

[madprof98]

In an earlier post, I said:

We want to believe that the wages of sin really is death,

And you responded:

Why? That makes no sense at all,other than on the "misery loves company and hates people who aren't miserable" level.

Christians (well, Bible-reading ones anyhow) believe that self-denial is part of what it takes to get beyond the grip of the Flesh and enjoy the delights of life in the Spirit. But I suppose most of us wonder, especially when we hear about the wicked splashing around in the hot tub with their neighbors' wives--or getting away from the kids for a little orgy in the garage. Immediate gratification is mighty tempting. It must have been so for the early Christians as well, or Paul would not have reminded them of where it all ends up.

[FresnoDA]

Danielle's door had hearts glued to the outside of it..thereby saying "she's here, she's here!"

And the wafts of Pot Smoke drifting skyward told the outside world, "We are stoned, we are stoned!!"

[Freedom2specul8]

Admit it, catching the perp is more important. Say it just once..

[FresnoDA]

How old are you n-e-wayz? SHEESH!! LOL

Old enough to join, Club CB!!

[BunnySlippers]

The CB Club

What's the "CB Club"? I'm afraid to ask .... it isn't some swinging club is it? :)

[FresnoDA]

Admit it, catching the perp is more important. Say it just once..

WELCOME HOME KIMMIE!!!!

We have been saying that for weeks on our side of the aisle..it is important to truly CATCH the perpetrators of this act, not to simply swallow the potential bait left for the bumbling SDLE officials......

"Catching all potential perpetrators is important," there, I did it!!!

[FresnoDA]

See post 34 this thread, caution, GRAPHIC...this is the club, by membership only, which is being reported that the VD's were members of......you know, Brenda and Damon, John Walshs' friends, the "Good Parents"......

[Freedom2specul8]

LOL You're doing better fres!! YOu forgot a word..just copy and paste it and claim it as your own. :)

CATCHING PERPS IS MORE IMPORTANT

[RangeRatt]

yes it is awesome, and yes, according to what I remember of the case (you have to remember, 20 years ago, I was in high school and much more preoccupied with other things), it did take police several days to "get out of low gear", as they were still working under the "until they are gone 24 hours, we don't consider them missing" edict, which, in the wake of the Adam Walsh case, was forever banished-

we have had children wander off in NW FL before, and, in one case, from the first call to 911 until everything our sheriff's office had was mobilized was about 20 minutes- horses, cars, foot search, helicopters, you name it...

the child, who was eight, wandered out of neighbor's garage, said he had been in the attic over the garage, looking at "magazines" with his friend, also eight, and couldn't understand what the fuss was all about, and why his mom wouldn't stop hugging him, until our sheriff, who, BTW, stands 6'9", showed up... and told him why all of this was happening! You better bet he didn't stray far from home after that!

[BunnySlippers]

While you FDA, are a salacious, bottom dwelling, crumbfeeding, crab-eyed, soul shrunk, filth fantacist, shrieking HTML coding poster on FR

What's your problem? Did someone disagree with you? If you don't want to discuss this case and read other's opinions perhaps you should skip the Van Dam threads.