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.

[fivecatsandadog]

I finally had some time to read the transcript from the PH. Some questions and comments:

Damon asked the investigators to “dust all the windows in the house”. Seems hell-bent on the “intruder” theory.

Feb 1: Damon comes home from work at 6:30 p.m.. Brenda just got home. Kids had not been with her. How did he know this if he just got home? Damon said this is unusual. No reference to whereabouts of Brenda.

DW lived there before the van Dam’s moved in. Didn’t know DW’s name until Brenda and Danielle sold him girl scout cookies (one year ago, first contact). Only waved prior to that, like she did to all her other neighbors. Brenda did not attend block parties with DW, yet had 5 to 6 personal contacts with him?

2nd time encountering DW: Dad’s the week before Danielle went missing. Still did not know his name. Going to Dad’s was a weekly habit?

3rd encounter: Girl Scout cookies. Was at DW’s home either Wed or Thur, can’t remember which. Danielle, Dylan and Brenda. Brenda asked to see kitchen remodel. She and the kids stood at edge of kitchen and looked in. DW and her discussed the kitchen knobs since Brenda was thinking of remodeling her kitchen. So, Brenda and Danielle both have been in DW’s house. Didn’t she deny that?

Brenda was asked, could an adult party mean a party just without kids? That is what she thought it was. Why then, did she make such a big deal about it, thought it was weird, and called Damon to tell him about it? Sounds to me like she was excited about the prospect and couldn’t wait to tell Damon.

Did Danielle play hide and seek? Yes. Interesting possibilities.

Tuesday prior was Danielle scratched by your dog? Did you tell police officer that Danielle had been scratched by dog? Brenda does not know exact date when Danielle was scratched by dog. Tape recorders taped you? Yes. Interviewed in rooms? Yes. The previous Tuesday that Danielle was scratched by the dog. Brenda said she has been through a lot and there is a lot she can’t recall. Does this document help you to remember? I remember that Danielle was scratched by the dog but I never chastised her for it. She walked up the stairs after she was scratched. It was a minor scratch on her skin. NO blood. ON her back under her shirt. Feldman said I never asked you if there blood. Brenda says where is this going under her breath. Interesting.

[RnMomof7]

I just noticed something..has anyone else noted that the side door opens IN..you would not need an alarm light to tell you it was ajar.. when they opened it to let the smoke out it opened in..hard to forget to close it

[RnMomof7]

"In San Diego County, of the 6,342 children reported missing in 2000, two were kidnapped by strangers, according to state Department of Justice figures. Source: Article titled, "Abduction Rare Outside Family: Did San Diego Cops Lack Of Interest Lead To Unsolved Cases?"

And my money is on they were NOT taken from HOME...

[RnMomof7]

Bonds grow tighter in Danielle's community

California..the home of fruits and nuts..(sorry to Cal freepers..but you all are the original feel good "village")

[rolling_stone]

Also drop of blood found inside garage near middle of door frame area..possibly someone stopped there long enough for blood to drip while opening door and carrying or dragging child?

[RnMomof7]

Also drop of blood found inside garage near middle of door frame area..possibly someone stopped there long enough for blood to drip while opening door and carrying or dragging child?

The door opening in makes the difference..pick up your child or your dog..and go to open a door that opens in...you must completely open it to go out..that takes time..enough for blood to drip

If a door opens out you just turn the knob, your body completely opens it on your way out. You do not have to stand their and wait those seconds

just a thought

[spectre]

Your question regarding Damon wanting them to "dust for prints" on the windowsill, is a good one. It all plays to Damon deflecting the crime off of them, as in every alibi he used for not being aware of an intruder that he says took Danielle. More smoke and mirrors.

Your other questions have been addressed and answered in previous threads, some pulled. Their answers are vague and make no sense.

But the best point you brought out, was Brenda's defensive attitude when questioned by Feldman. Damon displayed the same chip on his shoulder attitude.

It is said, that Feldman has reduced grown cops to tears, with his strong arm questioning.

The van Dams are going to be like taking candy from a baby, for Feldman, if they are not telling the truth. And I don't think they are.

sw

[MizSterious]

"...they may react to a built up sexual impulse..."

Do you mean like getting soused (and/or stoned), dirty dancing all night at Dad's with Brenda and "the girls", then dropping those little blue pills the the "V" on them? We know that the "guys" with Brenda et al might fill that bill, plus they had opportunity, being in the house and cars parked just out front...

[MizSterious]

Good recap and commentary. One more question--if she'd sold g.s. cookies the year before, wouldn't she have known his name? You have to have a name and an address--when they come to our house, they need a name and an address.

[MizSterious]

Yes, and my money is also on not seeing anyone admit the error of the statement "child abductions from the home are not unusual." It takes a lot more courage to admit error than to defend what is known to be patently false.

[MizSterious]

Re: the blood dripping--brings up another question, which is--how did she die? No obvious injuries on her body. Not enough blood for her throat to have been cut. Curious.

[RnMomof7]

Do we know for SURE it was her blood? Didn't daddy kick the dog?

[MizSterious]

s.w., what do you think the reason for the lying might be? Do you think, as I do, that perhaps the parents are more involved in what happened to Danielle than anyone wants to think, could it be that they're so ignorant they don't realize that by lying they endanger their case against DW if he was solely responsible, or could it be that they're hiding something even worse than what we can imagine?

[MizSterious]

Hmmm, good point. I don't know if they've tested that particular patch of blood. Where is the testimony about Damon kicking the dog again? Did he say why he kicked the dog? I think I missed the explanation--but sometimes I've known a dog to protect a child, even from an abusive parent. You'd think the dog would not attack an owner, but I've known this to occur.

[RnMomof7]

I did not read all the testimoney ...but someone on FR said they believed that Damom kicked the dog because he went on the rug?? We need to ask Fresco

[MizSterious]

Yes, I do remember someone saying the dog might have been kicked by Damon. I mostly remember the testimony that the dog had a bloody nose, but I don't recall the reason. Kicking a dog would do it. Now the question is, why? I also seem to recall it happened some days prior to Danielle's disappearance. Would the dog have tried to protect Danielle from a molester, even if it were her father, I wonder?

[fivecatsandadog]

You have to have a name and an address--when they come to our house, they need a name and an address. You're right! Good catch. The GS's around here usually have a brochure that shows all the goodies and a list attached for buyers to fill out.

[fivecatsandadog]

I think Damon claimed his knee ran into the dog (?) and bloodied his nose, as in an "accident". Sounds like another case of smoke and mirrors to me.

[MizSterious]

Yes, I think a lot of Damon's ramblings were smoke and mirrors, instruments of misdirection. Like when the magician says, look at this hand! All the while he's palming the card in the other hand. So with all this door open, alarm blinking, door closed, alarm not blinking, etc., it's as though he's saying Look at all of this (and not at something else he wants to hide).

[MizSterious]

RESEARCH UPDATE!! Folks, I was reading another message board, and the discussion of the blue pill over there finally got the wheels to start turning. One person posting there seemed quite positive that the blue pill with the V on it was Valium and not Viagra. So I finally got on the phone to a friend of mine, a nurse. She looked it up in the PDR, and Valiums do indeed come in white, yellow, and (drumroll please) BLUE! And yes, they do have a "V" on them, in all the colors. So those who said Valiums are yellow were right, but so are those who said Valiums are blue. It depends on the dosage. Blue is strongest.