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.

[spectre]

The only reason the van Dams have to lie about their relationship with Westerfield and their actions that night is to "cover up" something.

I would have said, it was that they didn't want the public to know about their "swinging lifestyle", but they are proud of it, and don't seem to feel shame, so that dog doesn't hunt.

The BIG lie, from the start, and this is important...was distancing themselves from Westerfield, when in fact, Brenda had liasons of a sort with him. WHY LIE? OK, here's the stretch, but the only reason I can come up with as to WHY she wouldn't want anyone to know she was involved up close and personal with DW. I think she and Danielle visited DW more than once. I think Brenda was intimate with Westerfield, and it's possible a drop of her blood got on his jacket collar area in the heat of passion..same thing in the motor-home.She had to lie, if she wanted Westerfield to take the fall for the child's death.

It's still not out of the question, that two separate scenerio's occured. The one with Brenda and DW and the other is that Danielle played in the MH, leaving fingerprints and or a drop of blood, OR back to the MitDNA blood actually being Brendas.

If Brenda and Westerfield didn't know each other well, then how did Feldman know the personal details about what went on in their home, with the drugs, etc. ESPECIALLY, that evening?

At the very least, David Westerfield was in the loop, and someone is helping Feldman...talking and providing evidence that will show BVD is a Liar.

sw

[Jaded]

No, no, no, he left through the slider, just like they said. Please don't confuse me with things that Damon hasn't said. /sarcasm.

[RnMomof7]

I am a nurse..and I knew that...but you did not ask..:>))(I had not heard it was blue) I will also tell you that taking a Valium and alcohol together have a distinct action...1 drink + 1 Valium do not =2...it would equal like 6 or 8..each one makes the other much stronger..

[MizSterious]

Yes, I keep thinking that the blood was not planted, but that it was already there from previous visits. Whether it's BVDs or Danielle's, either way. And, if the vds are the ones who first pointed the finger at Westerfield, do you suppose she might have known that he had porn on his computers? Would have made him an easy mark, eh?

[Jaded]

I think the viagra version worked better, as far as story line. Does the combination of valium and alcohol have any sort of adverse reaction? Other than making them stronger?

[MizSterious]

The fellow who was talking about the valium (as opposed to viagra) said combining booze and valium (especially the strong one maybe?) is almost like a date-rape drug. So was the drug taken by the man who displayed the pill, or was it intended for someone else? Was there, perhaps, valium in Danielle's system, I wonder?

[RnMomof7]

It can kill you quick!

[spectre]

It might be worse than Westerfield just having the porn on his computer, the van Dams may have sent it to him....wouldn't that be the straw that broke the prosecutions back?!

Of course, sometimes a cigar is just a cigar, and it is still possible, the parents are just left coast wacko's and DW did do it.

It's just interesting playing the "defense" for a change, and there is alot to work with here.

sw

[spectre]

Don't YOU wonder how Feldman knew about the "V" pill? I mean, if Brenda didn't do anything except take a drink from Westerfield after he "threw" the money on the counter, then how did Feldman know about the "V" pill. Brenda affirmed it on the stand.

sw

[RnMomof7]

Valium is a depressent ..and Alcohol is a depressent

The combination causes slowed breathing..people can go to sleep and not wake up . You must remember that both drugs decrease your inhabitions...so it is more likely a straight guy would have homosexual sex (something we saw alot in old time alcoholic) or they would more likely abuse a child or cheat on a husband or have kinky sex..or steal or murder ...any moral or social restraints are deminished while intoxicated (isn't that why we drink in social situations ..to be more comfotable?) combine the two drugs and you have a BIG change in limits under the influence.

They used to give Valium as a withdrawl drug...on the principle of "a hair of the dog that bit you"..it would delay tremors and dt's..now we know it was only a delay ..a few days later the withdrawk symptoms would pop up

[RnMomof7]

One more thing my alcoholics liked to mix them it is a cheap way to get drunk..1 pill and a couple of beers get you there...mix it all with pot..normally they would go to sleep I think..so I believe there was coke there as a sexual simulant

[RnMomof7]

DATE RAPE DRUGS

[bvw]

[bvw]

[Jaded]

EEEWWW. I'm so glad I'm boring.

[rolling_stone]

Keith said he took the pill not that he gave it to someone else..and that he wanted to hook up with barbara..did he want to pass out with her or did he have something else in mind.....reach your own conclusions.....

[RnMomof7]

It was my job for years..I know addictions

I have always been very glad I was boring too

[RangeRatt]

Look at all of the parents who enter their children in "beauty pageants".(JonBenet Ramsey, for example) These children are ages 5 (sometimes younger) and up, and they look like miniature teenagers, make-up, hair, clothing all orchestrated to make them look like something they are not- adults. And this is encouraged behavior, by the parents...

[vacrn]

I think Brenda was intimate with Westerfield, and it's possible a drop of her blood got on his jacket collar area in the heat of passion..same thing in the motor-home

I too, have been trying to figure out how the blood would get on the jacket and into the RV. I can't seem to buy into the theories such as a drop of blood in a heat of passion, or a drop of blood while dancing. Seriously, how many of us in the heat of passion or dancing have *bled* on people?

[MizSterious]

I've been perusing the message boards at the San Diego Union-Tribune site, and came across this message:

This was in the SD Union Tribune following the prelim:

"Detective reveals details of Danielle investigation
by NBC 7/39 News Staff

SAN DIEGO, March 12 – A San Diego police detective who questioned David Westerfield two days after Danielle van Dam was discovered missing, will continue testifying at Westerfield's preliminary hearing Tuesday.

San Diego Police Detective Jim Watkins told a court this morning that investigators found thousands of photos on Westerfield's computer. He said "less than a hundred" involved sexual images. Some of those were of apparently juvenile girls engaging in various sex acts or seen in sexually provocative poses."

Actually, it was reported that 64000 files were examined, 1000s of photos found, and less than 100 were sexual images. NONE were confirmed to be child porn. In fact, the 100 were "sexual images" and not clearly stated as being porn. One of the other investigators actually looked at the images and said none were relevant!

This news story is not at the SD U-T site, so apparently the poster typed it in from a the paper version.