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.

[MizSterious]

Actually, I think they look like they're dressing up to be miniature ladies of the night. It's a wonder they don't hold these at the Mustang Ranch.

[RangeRatt]

you got that right....I have been reading for the past 1/2 hour trying to get caught up. I will be back in the USA in 19 days!!!

[rolling_stone]

Interesting Search Warrant...

Cell Records

While I am not sure when the affidavit was filed, fax line at top shows 2/27/02 and dates they are looking at are 2/15 to 2/19...of note Westerfield was being surveilled during that time period but not yet arrested..body was found when 2/26?..why on 2/27 would they request those cell records..could it be there is possibly evidence the body was placed at the scene after Westerfield was being surveilled? When was the area searched the first time? Cell sites on cell records show which repeater and general area calls were made from or to...I wonder who's number that is? Very interesting...

[Jaded]

Then maybe Danielle was moved and they're looking for cell transmittion to the closest tower to Dehesa? Is it David's number? They would still be assuming he's involved. Unless, unless it's Keith's or Rich's or Damon's. Can any of you sleuths find out who's it is? I know there's a way to look up a number and find the person on the internet but I don't remember the site.

Really, gang we should write a book. We're so good at this.

[rolling_stone]

There are a number of web sites that have reverse phone number look ups, but few cell numbers are listed anywhere...

More Warrants

Notice one of the other warrants is for a different phone number and different time period...

[RangeRatt]

looks like everyone else had better things to do tonight, huh?

[Jaded]

Not all of us. LOL

[tutstar]

Also, doesn't DVD work for a cell phone co.? Verizon?

[tutstar]

Well, I couldn't find a source for free cell# look-up. I did find SpyTools for $29.99 which states you can find anyone. Not spending th $ for it though.

[RangeRatt]

I'm at work, waiting for something to break - the excitement is palpable....BTW, I had read in an earlier post (or possibly a related thread) that the vD's had moved to California from Florida. If so, does anyone know from what locale in Florida? I'm curious...

[rolling_stone]

I think the $29.95 deal is a rip off..JMO

I am curious abut the number, but not curious enough to call it..LOL.

I heard they moved from Florida also but don't know where.

I believe Damon worked or was a contractor for Qualcom...

Looking at the warrants for the computer search, it looks like DW had time to delete or destroy anything incriminating especially since he was under suspicion..why didn't he?

When the affidavits for the warrants are unsealed sometime down the road it will be interesting to see why they asked for records on the other cell phone for those specific dates..

I would like to see the records of the searches where they went and when...

[rolling_stone]

Since it is so slow tonight, maybe everyone is down at Dad's checking it out?.....LOL......

[RangeRatt]

I'd go if I could- it sounds like a SWINGING place!

[RangeRatt]

one might take a moment and wonder if "Dad's" has had an upswing in business from the curiousity seekers and other hangers-on (aside from us, of course) that these cases always seem to bring out of the woodwork.

[Amore]

I'm not sure of the exact, exact location (lots of different little cities, municipalities, etc.), but as I recall, it was around Ft. Lauderdale.

[FresnoDA]

Thanks, and you are welcome....