Free Republic
Browse · Search
Topics · Post Article

Skip to comments.

Van Dam Trial Transcripts, Complete: Testimony continues to vary from previous statements.
San Diego Superior Court/Union Trib ^ | April 9, 2002 | San Diego Superior Court-Kristen Green

Posted on 04/09/2002 11:30:44 AM PDT by FresnoDA

San Diego Superior Court

Brenda Van Dam Preliminary Hearing Transcript

JUDGE: Please tell us your name.alt

A: Brenda Van Dam.

JUDGE: Would you spell the first and last name.

A: BRENDA Van Dam: B-r-e-n-d-a V-a-n D-a-m.

JUDGE: Thank you very much.

Prosecution begin. Dusek questions.

Q: Mrs. Van Dam are you married?

A: Yes.

Q: Who are you married to?

A: Damon Van Dam.

Q: When did you get married?

A: March 11th 1989.

Q: So you've been married how many years?

A: 13 years.

Q: Just had an anniversary?

A: Yes.

Q: Where do you live?

A: Sabre Springs.

Q: What's the address?

A: 12011 Mountain Pass Road.

Q: Sabre Springs is in what part of the city?

A: San Diego.

Q: Up in North County?

A: Yes.

Q: Do you have any children?

A: I have three children.

Q: What's the oldest child's name? Go ahead and use the Kleenex if you need it.

A: Derrick.

JUDGE: Is there water up there also?

P: There is.

Q: How old is Derrick?

A: 9.

Q: What is his birthday?

A: March 9 1992.

Q: So he just had a birthday?

A: Yes.

Q: What grade is he in?

A: Fourth.

Q: Is Danielle your second child?

A: Yes.

Q: What was her birthday?

A: September 22 1994.

Q: What grade was she in?

A: Second.

Q: And your third child is whom?


A: Dylan. Dylan is five.

JUDGE: How do you spell "Dylan"

A: D-y-l-a-n.

JUDGE: Anytime you need a break ...

Q: You let us know if you need to take a break maam.

A: OK.

Q: We'll accommodate your situation. Does Dylan go to school?

A: Yes he's in kindergarten.

Q: Your house there in Sabre Springs is it one story or two story

A: Two.

Q: How long have you lived there

A: Approximately 3 1/2 years.

Q: Do you remember about when you moved in

A: I think it was in April.

Q: Of what year? Do you remember?

A: I don't.

Q: All right. The bedrooms in your house where are they located? First or second floor?

A: Second floor.

Q: I assume there's a stairway in the house to get upstairs?

A: Yes.

Q: When you come up the stairway and get to the second floor which way do you turn to go to your bedroom the master bedroom?

A: Right.

Q: And how about to the kids bedroom? Which way do you turn?

A: Left.

Q: And as you turn left to go to the kids bedrooms which is the first one you come to?

A: Dylan's.

Q: When his door is closed is there anything on his door that would indicate anything at all about the type of person male female sex anything of the person?

A: He has Tarzan on his door.

Q: What do you mean "Tarzan"

A: It's like a sticker a 3D sticker on his door.

Q: Where on the door?

A: It's down at his level. He put it on.

Q: How big is it?

A: It's about this big

Q: About a foot you're indicating

A: No actually it's probably about ... I'm not sure of the size. Maybe six inches by six inches.

Q: What color?

A: Green and yellow and brown.

Q: Kinda' bright?

A: Yes.

Q: The next bedroom that you would come to would be whose bedroom?

A: Danielle's.

Q: Does she have anything on her door to indicate whether or not there's a male or female in that bedroom?


A: She has pink and purple hearts and flowers.

Q: About what size are they

A: They are... I think they could be a foot long altogether and maybe five inches in height.

Q: How are they attached to the door?

A: They're wallpaper from her border and I cut them out so that I could put them on the door. So they're glued on.

Q: Can you estimate how long they've been there? Ballpark.

A: Approximately two years.

Q: And as you continue down the hall do you come to a third bedroom?

A: Yes.

Q: Whose bedroom is that?

A: Derrick's.

Q: Does he have anything on the exterior of his door to give us a clue as to what type of person stays in there?

A: He had a Pokemon sticker.

Q: What's a "Pokemon"?

A: Pokemon sticker. They're trading cards. It's a game.

Q: How long had that been on?

A: About two years.

Q: Where did that come from?

A: The trading card store.

Q: Did Danielle go to the dentist?

A: Yes.

Q: Do you remember the name of her dentist?

A: No I don't. It's "A Poway Dental".

Q: Dr.(garbled) does that name ring a bell at all? If it does fine if not that's fine too.

A: No.

Q: At a point in time during this case did the police department come to you and ask for her dental records?

A: Yes they did.

Q: Did you and your husband provide them or at least consent for them to go pick them up?

A: Yes we did.

Q: Your daughter Danielle did she customarily wear any jewelry?

A: She had Mickey Mouse earrings in and for about two years she had a necklace on that was brown stretchy loops.

Q: Do you remember the material of the necklace?

A: It's plastic.

Q: The Mickey Mouse earrings can you describe them for us? Size and color and that type of thing?

A: They have blue stones. There's one main stone for the face and then two for the ears one for each ear.

Q: They were pierced ears?

A: Yes.

Q: Her ears were pierced?

A: Yes.

Q: How often did she wear those?

A: We had just gotten them at .... we went to Chris... Disneyworld the day after Christmas we flew to Florida. We came back on the 2nd of January.

Q: Did she wear them like all day or would she take them out at night?

A: She wore them all the time.

Q: You let her wear them all the time?

A: Yes.

Q: How about the necklace? How often would she wear that?

A: She never took it off.

Q: You didn't make her take it off at night?

A: No.

Q: she share that necklace with anyone else? Any other people have common necklaces?

A: She never shared it with anyone but it's a common necklace.

Q: It was a bad question on my part. Did she and any of her other friends have the
same type of necklace that you remember?

A: Yes.

Q: Can you describe for us how she or you kept her fingernails?

A: I think she bit them.

Q: Keep the voice up a little bit if you would.

A: OK. She bit her nails.

Q: Did you ever have them treated or taken to a manicurist that type of thing

A: Yes.

Q: What color was her hair

A: It was a brownish blonde.

Q: What color is your hair

A: Blonde.

Q: I don't want to embarrass you here but is your hair color treated

A: Yes.

Q: So there would be chemicals on your hair?

A: Yes.

Q: If we were to find some similar appearing hair your hair would have the chemicals on it?

FELDMAN: Objection. Speculation.

JUDGE: Sustained. Next question.

Q: How long have you been treating the hair?

A: My hair?

Q: Yeah.

A: For a long time. I couldn't give you a definite date.

Q: How about Danielle? Was her hair color treated?

A: Never.

Q: Do you know David Westerfield?

A: Yes I do.

Q: Is he in the court today?

A: Yes.

Q: Would you point him out please and describe where he's sitting and what he's wearing today.

A: He's right there. He's wearing a dark gray suit and a blue tie with a white shirt.

JUDGE: She's identified Mr. Westerfield.

Q: How is it that you know of Mr. Westerfield?

A: He lives two houses from us.

Q: On the same street?

A: Yes.

Q: How far are you from the corner maam your house?

A: We're one house in.

Q: So you're right next ...

A: We're the second house in actually.alt

Q: There's a corner house?

A: And then we're the next house.

Q: OK. Do you know what that corner is?

A: It's Mountain Pass and Briarleaf.

Q: And you live on Briarleaf … I'm sorry you live on Mountain Pass?

A: Yes.

Q: And Briarleaf is the house that … where the corner house is?

A: Yes.

Q: If you cross over Briarleaf what house do you come to?

A: Mr. Westerfield's.

Q: Do you know if he was in the neighborhood before or after you guys moved in?

A: Before.

Q: How long have you known his name if at all?

A: I didn't know his name until Danielle and I went to sell Girl Scout cookies.

Q: Before that did you have any real contact with him?

A: Not a lot no.

Q: Pass each other or see each other in the neighborhood or anything like that?

A: Yes. I'd wave to him.

Q: Did he wave back?

A: Yes.

Q: How about the other people in the neighborhood did you wave to them?

A: Yes.

Q: Why?

A: Because they're my neighbors.

Q: Do you recall any block parties that perhaps you and Mr. Westerfield attended together?

A: No.

Q: Can you estimate for us how many personal contacts you've had with Mr. Westerfield. and by that I'm excluding the hi and bye type of thing on the street.. where you had a chance to talk with him or be with him in a location?

A: Approximately 4..... wait...wait... I should say 5 to 6.

Q: Can you remember the first contact that you've had with him other than the hi and bye?

A: I think it was selling Girl Scout cookies the year before.

Q: Year before Danielle's disappearance?

A: Yes.

Q: Did she belong to the Girl Scouts?

A: Yes.

Q: And occasionally they have to go out and sell cookies?

A: Yes.

Q: You let her go out by herself?

A: No.

Q: Why not?

A: Because I don't want her going door to door by herself.

Q: And how do you go about selling cookies? What's the process?

A: We would go to our neighbors and she would ring the doorbell. And we'd ask if you'd like to buy any cookies we'd fill out the form and there's a certain day you turn the form in and then you have to deliver the cookies.

Q: Who would be delivering? You or Danielle or …

A: Well we would try to do it together.

Q: And a year ago when the cookies were sold or at least given the opportunity to be sold at Mr. Westerfield's house do you remember anything at all about that contact?

A: I remember that he invited us in.

Q: A year ago?

A: A year ago.

Q: Did you go in?

A: We stayed in the living room and he filled out the order form.

Q: Do you remember what he bought?

A: No.

Q: Who was with you on that occasion?

A: Danielle.

Q: Do you remember anything else about that contact?

A: No. I think at the time he was having renovation done to his kitchen.

Q: Why do you think that?

A: Because it was plastic. There was plastic there. There was like plastic hanging down from the ceiling so that dust wouldn't get out.

Q: And when you and Danielle were selling cookies on that occasion was he the only house that you went to?

A: No.

Q: What did you do? How many people did you hit up?

A: Probably five or six.

Q: After that contact a year ago can you remember when the next contact would have been?

A: No I can't.

Q: What's the next contact with Mr. Westerfield that stands out in your mind?

A: When I went to Dad's the Friday before the second - the first.

Q: The weekend before Danielle was missing?

A: Yes the weekend before Danielle was missing my friend was moving out of town and we had a girls night out. And he was there.

Q: On that occasion did you know his name?

A: No.

Q: Didn't know his first name or last name?

A: No.

Q: Why not?

A: I just didn't know his name. I had never really spoken to him in detail.

Q: On that .... where is Dad's? Can you help us out?

A: It's in Poway off Poway Road.

Q: Describe the type of place.

A: Well during the day it's a family restaurant and then after a certain time at night it

turn …. they have a band that plays on the weekends and it's …

Q: They have a bar too don't they?

A: It's a bar yes pool tables.

Q: Do you remember when it converts from restaurant into bar and music. if you can remember.

A: I could be guessing if I answered that but I…

Q: Don't do that.

A: OK. I can't.

Q: Now that occasion the week before Danielle was missing that you went to Dad's who all did you go with?

A: I went with Denise and Barbara.

Q: Friends of yours?

A: Yes.

Q: How long have you known Barbara ......about?

A: About 7 to 9 months.

Q: How about Denise? How long have you known her?

A: Four year … three and a half years.

Q: There was an occasion for going there that evening?

A: Yes Denise was moving.

Q: Were any arrangements made for caring for your children? That evening while you were…

A: My husband was home with them.

JUDGE: I'm sorry. Say that again please.

A: My husband was home with them.

JUDGE: Thank you.

Q: Can you recall about what time you headed out for Dad's?

A: This is the weekend before Danielle was missing?

Q: Yes.

A: We headed out to Dad's approximately between 9:00 and 9:30.

Q: In the evening?

A: Yes.

Q: And in whose vehicle if you can remember?

A: Mine.

Q: The three girls went in the one car?

A: Yes.

Q: Were you to meet up with anybody at Dad's?

A: No.

Q: What was supposed to happen down there at Dad's?

A: We were just supposed to be together as friends and have a good time.

FELDMAN: (garbled)

JUDGE: I understand. It's difficult. Would you try to keep your voice up a little bit and we're going to try to adjust this speaker.

(sound was adjusted for microphone)

Q: All right.Can you estimate for us how long you stayed at Dad's that first occasion?

A: Till closing.

Q: Which is?

A: Approximately 2:00.

Q: What did you do down there?

A: We had drinks and we danced.

Q: Who's ‘we’.

A: Denise and Barb and I.

Q: Together?

A: Yes.

Q: Did you dance with any guys?

A: I don't remember.

Q: Do you know if Mr. Westerfield was there that evening?

A: Yes he was.

Q: How do you know he was there?

A: He bought us a drink.

Q: When did that take place in the sequence of events if you can tell us?

A: During?

Q: Early? Middle? late?

A: Early .....early part of the night. Early part of the evening.

Q: Do you know if he was there when you first got there? Did you pay attention?

A: He was there when I first got there.

Q: Were you able to recognize him?

A: Yes.

Q: How?

A: Because he's two doors down.

Q: Did you speak with him?

A: Yes.

Q: What was the conversation about?

A: I don't remember. I don't.

Q: Anything of substance that you can come up with?

A: no.

Q: What was the tone or the nature of the conversation or contact you had with him that evening?

A: he bought us drinks and Denise and I and Barbara were together. So we didn't talk a whole lot.

Q: Amongst yourselves or to him?

A: To him.

Q: Do you remember what he bought you?

A: I had a cranberry and vodka.

Q: Did he say anything when he bought the drinks or offered to buy the drinks on that occasion?

A: Not on that occasion.

Q: Did you have any further contact with him besides what you've just described that evening?

A: I can't really remember. I.... it's

been a while. I've been through a lot. I can't .....

Q: Have you tried to remember if there's anything noteworthy about what happened that night?

A: We're talking the weekend before Danielle's missing?

Q: I am.

A: No.

Q: Were there pool tables at Dad's?

A: Yes.

Q: On that occasion do you remember if you played pool at all?

A: No.

Q: No you didn't or no you don't remember?

A: No we didn't.

Q: Were there any guys that you met up with at Dad's that night..... that occasion?

A: No.

Q: Where did you go when you left?

A: Back to my house.

Q: Who did you go with?

A: I had Denise and Barb in the car.

Q: How about Mr. Westerfield? Did you take him home?

A: No.

Q: Did you see him leave the bar?

A: No.

Q: Were you aware of him leaving at any time that evening?

A: No.

Q: When you got back home that evening what happened?

A: Denise and Barbara got into their car and went home.

Q: What did you do?

A: Went inside and went to bed.

Q: the next time that you had contact with Mr Westerfield was when

A: when Danielle and I sold GS cookies

Q: This would be the 2d GS trip

A: Yes

Q: Where’d you go to do it

A: We went to the right of my house up the block across the street and went down and then we turned right on Briarleaf and went to two houses and then his house was the last house

Q: So you actually made it to his house


Q: What happened when you got to his house for the cookies sale

A: He invited us in

Q: did you go in

A: we went in. I asked him if I could see the kitchen

Q: The kitchen for what reason

A: to see the remodel

Q: did he show you the kitchen

A: yes

Q: Describe how that happened

A: we walked into the kitchen but we stayed on the outside of it and I guess I don’t know what room it is. We were standing y the bar area. I looked at his knobs on his counters. We have granite in our kitchen and I’ve been thinking about changing the knobs

Q: so you discussed the kitchen remodel

A: yes

Q: had it been completed since the other occasion you’d been in the house

A: yes

JUDGE: What date was this please

A: I don’t know the exact date that I sold him GS cookies

Q: do you remember what day it was

A: it was approx Tues or Wed

JUDGE: that’s fine as long as I have the record

Q: Who was with you when you went to the house for the GS cookies

A: Danielle and Dylan

Q:Dylan is the youngest

A: Yes

Q: Why’d you take him along

A: There was nobody at home. Derrick had a play date. So I couldn’t leave him at home alone

Q: and how about Derrick where was he

A: He had a play date but I don’t exactly remember what friend he was playing with

Q: What’s a play date?

A: he went to a friends house after school

Q: do you remember what time of day or night you went out selling GS cookies?

A: I know it was in the evening because when we walked home it was starting to get …the sun was going down

Q: what did the children do when you were in the house speaking with Mr Van….or Mr Westerfield

A: they saw the pool out back and they asked if they could go out and look at it

Q: who’d they ask

A: they asked me

Q: then what happened?

A: I asked him if it was OK and he said as long as they didn’t fall in and they went out back for a couple minutes and looked and then they came right back in

Q: where else did they go in the house?

A: nowhere. Dylan asked to go upstairs and I told him absolutely not

Q: how about Danielle did she ask or go anywhere else besides with you and out in the backyard

A: no

Q: did you see any comforters in the house?

A: not that I recall

Q: bedding comforters that would have been piled perhaps on a couch or a counter in the area where you were

A: No

Q: did you have a discussion with Mr W aside from the remodeling while you were in the house with him there

A: yes I did

Q: what’d he say

A: He asked me why I did not introduce him to my friends the weekend before. He said they looked like a lot of fun

Q: your friends were who

A: Denise and Barbara

Q: what’d you tell him

A: I told him that I didn’t know his name. And I asked him you know I said how could I have introduced you when I don’t even know your name. And he said "Hi I'm Dave Westerfield" and he gave me a business card.

Q: He did that right then?

A: Yes.

Q: Did you take it?

A: I took it.

Q: Then what happened?

A: He asked me to tell my friends that I had a rich neighbor to introduce him to.

Q: OK. What did you tell him?

A: I told him that they were trying to talk me into going to Dad's that Friday.

Q: The coming Friday?

A: The coming Friday but I wasn't sure if I was going to be going because my husband had planned to take our oldest son Derrick snowboarding.

Q: Where were they going to go?

A: Big Bear.

Q: Was going to take Derrick the oldest boy?

A: Yes.

Q: At least possible? You have to answer out loud.

A: Yes. Sorry.

Q: What else did you tell him about that possibility?

A: I told him that I was going to try to get a babysitter so that I could go out with Denise and Barbara since it was her last night there and if I was successful in getting a babysitter I would be there.

Q: And?

A: And I would introduce him to my friends.

Q: Did he show any interest in you at all?

A: No.

Q: When you told him that you'd introduce him to your friends what happened next?

A: we walked outside….well actually he asked me to write my name and phone number on a piece of paper.

Q: Did he say why?

A: He said that he has parties…. he has adult parties and that he has barbeques where he supplies the salads and everyone brings the meat that they want to cook.

Q: And when he said that did he say anything else?

A: Not that I recall.

Q: And what did he ask you to do?

A: Write my name and my husband's name down on a piece of paper he gave me.

Q: Did he say why?

A: Because he would invite us to a party I guess.

Q: What did you do?

A: I was writing it down while he told me………… I was writing my name and number down. And he said "I have adult parties and BBQ: s." As he was saying that I was writing it down.

Q: Did you complete……….. continue writing it down?

A: Yes sir.

Q: What did you do with it?

A: I handed it to him.

Q: Why?

A: I don't know why. I was being nice.

Q: Had you had you ever been to a party at his house?

A: No.

Q: Had you ever been to any social function with him?

A: No.

Q: Had he ever been to your house?

A: No.

Q: Had he ever been to any social function where you and your husband were together with him or you were together with him? Little League? Girl Scouts? Schools? Anything like that?

A: No.

Q: Any other neighborhood parties where you'd been with him?

A: No.

Q: What happened after you gave him the phone number?

A: I believe we walked out front he started talking about a place called "In Cahoots" and he wanted me to go there. I think Wednesday night was some sort of special night. That's why I'm kind of thinking I sold him cookies on Tuesday. And he said "Don't forget to wear your boots to "In Cahoots" And Danielle and Dylan were playing in the rocks at the neighbor's house next to him. And I kept asking them to get off the rocks because I didn't want them to spread them out and for the neighbor to have to clean them up. And then we walked home.

Q: Did Mr. Westerfield say anything about your pestering the kids to get out of the rocks?

A: I can't remember.

Q: Where did you go from there?

A: We walked home.

Q: Did you speak with anybody about the conversation the time that you just spent with Mr. Westerfield?

A: I called my husband at work.

Q: Why?

A: Because it struck me odd that he mentioned adult parties. I didn't know what he meant by that.

Q: You had never seen him before except for what you described here?

A: Never.

Q: When was the next time that you saw him?

A: At Dad's Cafe on Friday evening…night.

Q: That would be February 1st?

A: Yes.

Q: Are you employed maam?

A: I work from the house.

Q: So that Friday do you recall what your activities were in the afternoon?

A: Well Damon was going to Italy on business. And he asked me if I would like to bring the kids along for two weeks. So he was busy purchasing tickets and I went and got the kids out of school early to get their passport photos.

Q: Do you remember where you went?

A: I went to a photo shop in Carmel Mountain called Moto Photo.(sp)

Q: Then where did you go?

A: I went to Staples. I had to make some copies for my business.

Q: Then where?

A: I went to the post office.

Q: Then where?

A: We went to Mervyns.

Q: To do what?

A: Dylan had a birthday party to go to on Saturday and Danielle had a father-daughter dance that was planned for Thursday.

Q: Of the following week?

A: Yes.

Q: It was a dance at school?

A: Yes.

Q: And what did you do at Mervyns?

A: Danielle tried on a lot of clothes. We were trying to find something special for the theme. And while she was trying on clothes Dylan and Derrick walked over to the little toy shop right outside of Mervyns and Derrick helped him pick a present.

Q: For the birthday party?

A: For the birthday party. While Danielle was trying on clothes I ran over and paid for the gift and brought the boys back. She was still in the dressing room changing. When we were finished and she had decided on her gift we paid and then we went home

Q: So you actually bought a dress?

A: We actually bought… ended up buying a sparkly shirt. The theme was "Be a Star."

Q: And from there you went where?

A: Home.

Q: Can you estimate for us about what time you got home?

A: I'm thinking about 5:30.

Q: Was your husband home?

A: No.

Q: Where would he have been?

A: He was still working.

Q: What happened when you got home maam?

A: I decided to order pizza.

Q: You weren't going to cook that night?

A: No. It was kind of late. I didn't plan on being out that late with them.

Q: And did you order the pizza?

A: Yes.

Q: From?

A: Domino's.

Q: Then what happened?

A: I went to pick up the pizza.

Q: You had to go get it?

A: mmm/hmm.

Q: That's a "yes"?

A: Yes. I'm sorry.

Q: Did you go with anybody to get the pizza or go by yourself?

A: No I went by myself.

Q: Then where did you go?

A: Straight home.

Q: Then what?

A: When I got home my husband was already home.

JUDGE: I'm sorry. Say that again please.

A: When I got home my husband was already home.

JUDGE: Thank you.

Q: Was the snowboarding trip still planned?

A: No it wasn't.

Q: Why not?

A: He decided… Damon decided to take Derrick on Sunday because that's when the friend of his was going.

Q: And at that point when you had had the pizza and were eating your dinner there had arrangements been finalized for what you were going to do that evening?

A: Yes.

Q: And what were you going to do that evening?

A: I was going to go out with Denise and Barbara.

Q: For what reason?

A: Because Denise was moving away on Sunday.

Q: I thought that's why you went out the week before.

A: The reason I went out the week before is because Damon had already planned to take Derrick snowboarding and I told him that I probably couldn't go out that Friday.

Q: But on the Friday that…on the 1st of February you had already made arrangements that you were going to go?

A: In the….

Q: I confused myself. When you were having pizza there…

A: Yes.

Q: …arrangements had already been made that you were going to go out with your friends Denise and Barbara?

A: Yes.

Q: how were you going to meet up?

A: They drive to my house.

Q: They live in the area?

A: Tierra Santa.

Q: About what time did they arrive? Do you remember?

A: I think between 7:30 and 8:00. closer to 8:00.

Q: Who was all at your house just right before they arrived?

A: Danielle Derrick Dylan and Damon and myself.

Q: The entire family?

A: Yes.

Q: Had dinner been completed?

A: Yes.

Q: When the girlfriends show up what happens?

A: We….I was cleaning up in the kitchen. we went into the garage.

Q: For what reason?

A: Denise and Barbara smoked cigarettes. And Barbara and Denise had a beer.

Q: One a piece?

A: No. They shared one.

Q: Were there any drugs in the garage?

A: And we… I'm sorry. I wasn't done. And we smoked marijuana.

Q: How many cigarettes were there?

A: What kind of…

Q: Marijuana cigarettes

A: There was only one.

Q: Who all smoked it or just smoked on it?

A: Denise Barbara Damon and myself.

Q: Did you inhale?

A: Yes.

Q: How long would you say you were in the garage maam

A: Probably about 15 minutes.

Q: Did you have anything to drink in the garage?

A: Diet Coke.

Q: How about your husband? Do you know if he drank anything?

A: I don't know.

Q: Were both…. were all four of you in the garage for a solid period of time or were people coming and going?

A: Damon wasn't out there for any long period of time. It was just the three girls.

Q: And the kids were where?

A: Derrick and Dylan were playing video games.

Q: In the house?

A: In the family room. And that's where Damon was playing with the boys. And Danielle was at the kitchen table reading a book and writing in her journal.

Q: Do you have a lock on the door from the garage into the house?

A: We do.

Q: Is it in the customary position of how it's set up?

A: It wasn't.

Q: At that time?

A: No.

Q: Why not?

A: Because we didn't want the kids to be able to open the door from the inside.

Q: Why not?

A: if we were out there smoking we didn't want them to walk in.

Q: When you were smoking marijuana?

A: Yes.

Q: This wasn't the first time that you smoked it was it?

A: No.

Q: So explain to me the locking mechanism of how it works when it was reversed. Where can you lock it and what does it prevent?

A: You lock the door from the inside of the garage instead of the inside of the house.

Q: So the kids would not be able to get from the house into the garage if you'd locked it from the garage?

A: Right.

Q: And if you were inside the house and the door was locked and you wanted to get into the garage you'd have to use the key?

A: Yes.

Q: Is there also a side door to this garage?

A: Yes.

Q: Was anything done with that side door while you guys were out in the garage?

A: It was open halfway.

Q: Why?

A: So that the smoke could go out.

Q: Does that door lock?

A: From the inside.

Q: Standard mechanism?

A: Yes.

Q: And I don't know if I asked you but can you estimate for us how long you were in the garage with the girls?

A: Approximately 15 minutes.

Q: Then where did you go?

A: We went back into the house.

Q: Do you know if anybody shut that side garage door?

A: No I don't.

Q: Do you know if anybody locked it?

A: No I don't.

Q: When you went back into the house what was going on then?

A: Damon and Derrick and Dylan were playing a video game in the family room. Danielle was still at the table reading a book and writing.

Q: Then what happened?

A: tidied up a little bit in the kitchen and then they were ready to go but I kind of thought it was a little early but we left anyway.

Q: About what time?

A: Approximately 8:30.

Q: And you went there directly to Dad's?

A: Yes.

Q: Who drove?

A: I did.

Q: And who went with you?

A: Denise and Barbara.

Q: About how long does it take to get from your house to Dad's?

A: Five minutes.

Q: Were you expecting to meet anybody at Dad's that evening?

A: I was expecting that Dave Westerfield would be there.

Q: Because of the cookie conversation?

A: Yes.

Q: How about any of your other friends?

A: No.

Q: When you got there did you see anybody you recognized?

A: Dave Westerfield.

Q: Where was he?

A: He was already at the bar.

Q: And you and your girlfriends what did you guys do when you arrived?

A: We talked to the guy at the front door.

Q: Who's that

A: He..... he is the person who charges..... you have to pay a cover charge to get in or something. They were talking to him and then Barbara went directly up to Dave Westerfield and introduced herself to him.

Q: Oh yeah? Did you hear what they were discussing?

A: No.

Q: Why not?

A: I was kind of behind her. She was in front of me.

Q: You were not in position?

A: Exactly.

Q: What did you do from there?

A: Denise Barbara and I sat at the bar in kind of a triangle formation.

Q: What do you mean by that?

A: We pulled one chair out and then there were two of us against the bar and one of them in the middle so that we could talk.

Q: How about Mr. Westerfield? Where was he and how was he positioned?

A: He was behind me.

Q: So he'd be looking at your back?

A: Yes.

Q: Was he part of your conversation?

A: when we first got there he said..... was he part of our conversation?

Q: Yeah. That's what I'm....right now that's what I'm looking for.

A: no.

Q: Did he say anything as you guys came in and took your seats at the you guys as a group?

A: He said "Ladies don't buy drinks their own drinks " and he threw some money on the counter and asked if he could buy us a drink.

Q: Did you let him?

A: Yes.

Q: All three of you allowed him to buy you drinks?

A: Yes.

Q: What did you get?

A: I got a cranberry-vodka.

Q: How many rounds did he buy for you guys?

A: I don't know exactly.

Q: Was it more than one?

A: I don't know.

Q: Why don't you know?

A: He left the money on the counter so and then later when we played pool I was getting drinks from ...Denise was handing them to me but I didn't know who they came from.

Q: When the three of you were there in your triangle were you including Mr. Westerfield in your

A: No.

Q: What was he doing or how was he behaving during that time?

A: He had .... he was behind me and he had two other friends with him.

Q: Male or female?

A: Male.

Q: How do you know they were friends?

A: I think at one point .....well at one point he introduced us to them.

Q: Do you remember the names?

A: No.

Q: What's the next thing that happened that you remember?

A: Keith and Rich showed up.

Q: Who were they?

A: Rich is a very good friend of mine. It's her husband.

Q: Whose husband?

A: Liz Brady.

Q: Liz Brady is a friend of yours?

A: Yes.

Q: And Rich…

A: Rich Brady is her husband.

Q: How long have you known them?

A: I've known Liz since Dylan was in preschool so approximately two years.

Q: so how long have you known Rich?

A: Same amount of time.

Q: And the other fellow's name was what?

A: Keith.

Q: Who is he?

A: Keith is Rich..... is Liz's brother-in-law.

Q: Do you know if they were at the .... Dad's for a reason that evening?

A: When they came in they told me .... or told us that Keith had a friend in the band they came to watch.

Q: So there was a band playing that night?

A: Yes.

Q: Did you interact with Keith and Rich once they arrived?

A: Yes.

Q: How?

A: Rich stood next to me in one spot and Keith walked over to Barbara and stood next to her and

Q: What were you guys doing?

A: We talked for a while. I told them that we were going to Italy. I was very excited about the
trip. I can't remember the rest of the conversation.

Q: Did there come a time when you guys quit talking and something else started?

A: Yes. I know there was one point .....yes we went to play pool.

Q: How many pool tables do they have there? Do you remember?

A: Two.

Q: Who all went to play pool?

A: Barbara and Keith were going to play. They're the ones who brought it up. And they played at
one table. And Denise and I were going to play at the other table.

Q: You any good?

A: Not really.

Q: How about the other friends that you were with? What were they going to do?

A: Keith was playing with Barbara and Rich wasn't playing.

Q: How about Mr. Westerfield? What was he doing if you can ... were aware of what he was doing?

A: I remember at one point he was just standing on the side watching us.

Q: Did he ever play pool with you guys?

A: No.

Q: Any idea how many games you played or did you keep the same partners the whole time?

A: Well the two friends that Mr. Westerfield was with they came up and asked if they could play with

Q: Did you let them join in?

A: So we let them play from the beginning.

Q: And how did you break up that …

A: Denise divided us into teams and I don't remember the person's name I was with but I played
with one of them and she played with the other one.

Q: Against each other?

A: Yes.

Q: So four of you were on the table?


Q: Did you ever switch partners?

A: At the last game I asked Denise if she would switch because they had won the first two games
and I told her I couldn't leave without winning one. So they said "No no no" but somehow after the
break I ended up with the other partner. I don't know how it happened but ....

Q: Did you win the last game?

A: Yes.

Q: Then what?

A: by that time the band was playing and people were dancing.

Q: Were you dancing?

A: Yes.

Q: With whom?

A: I danced with Keith and I danced with Rich. And towards the end of the evening there was a gentleman who came up and asked me to dance.

Q: Somebody you knew?

A: No.

Q: Just somebody who was in the bar?

A: Yes.

Q: Did you get his name?

A: I talked to him for a while. And I know the company he owns and all that but I don't remember ....
during the dance I don't remember his name.

Q: How about Mr. Westerfield? Did you dance with him?

A: No.

Q: Did you see him dance at all?

A: I don't recall.

Q: What kind of band was it?

A: I think they played '80s music.

Q: Fast dancing or slow dancing or both?

A: There were both.

Q: Any idea how long you were dancing that evening?

A: most of the evening.

Q: Which takes us about how many hours if you can tell?

A: How many hours of dancing?

Q: Yeah.

A: probably approximately three.

Q: Do you know if Mr. Westerfield remained at the bar the entire time you stayed there?

A: No I don't.

Q: Why not?

A: Because I wasn't paying attention to him.

Q: How much would you say you had to drink for that night?

A: Me?

Q: You.

A: I had three cranberry and vodkas a shot of tequila and a Red Bull.

Q: Help me out. What's a "Red Bull"?

A: It's an energy drink.

Q: Is it an alcoholic drink?

A: Nonalcoholic.

Q: In the sequence of drinks can you remember how you went through 'em? Was the Red Bull at the beginning? Middle? End?

A: The Red Bull was at the end.

Q: And after the Red Bull did you drink anything beyond that?

A: No.

Q: Why not?

A: Because I would be driving home soon.

Q: Did you drink anything of a nonalcoholic nature?

A: Not that I recall.

Q: Did you have any water?

A: I did.

Q: You were going to be a driver home?

A: Yes.

Q: And how about your girlfriends? Were they also drinking?

A: Yes.

Q: What? Do you remember?

A: Barbara drank some vodka and tonic and Denise was drinking vodka and cranberry.

Q: Were you keeping track of how many drinks they had?

A: No.

Q: Did you remain inside the building the entire time you were at Dad's?

A: No.

Q: How many times did you go outside the building?

A: Once.

Q: About when in the sequence that you described for us?

A: In the middle of the was after we

played pool.

Q: And before dancing had started or in the

middle of the dancing?

A: In the middle of the dancing.

Q: Who all went outside?

A: Barbara Denise Keith and Rich and I.

Q: Five of you?

A: Yes.

Q: How about Mr. Westerfield? Did he go out?

A: No.

Q: Did you see him outside?

A: No.

Q: What did you do when you went..... or where did you go when you went outside?

A: Went to my truck.

Q: Why?

A: We were going to smoke marijuana.

Q: How much did you have?

A: hat we smoked from the same one that was at the house.

Q: Same cigarette?

A: Yes.

Q: Didn't have any others?

A: No.

Q: You didn't have any other .....had any other stash in the car or truck or anywhere else?

A: Not that I know of.

Q: All right. Who all took puffs on it if you can remember?

A: I know definitely Denise and Barb and I did.

Q: Were you guys inside the vehicle or outside? How were you hanging out?

A: Denise and Barb were inside the vehicle. We turned on music. Keith was on Barbara's side and Rich
was on my side talking to me.

Q: And you were inside the car?

A: Yes.

Q: Which seat?

A: Driver's seat.

Q: What else went on out there?

A: I don't know. Nothing.

Q: Any sex?

A: No.

Q: Any kissing?

A: I don't recall.

Q: Did you get involved in any kissing?

A: No.

Q: How long would you say you were out there?

A: probably.... approximately 10 minutes.

Q: Then where did you go?

A: Went back into the .... into Dad's.

Q: Can you estimate for us about what time that was if at all possible?

A: I can't.

Q: Do you know if Mr. Westerfield was still present at Dad's when you came back in?

A: I don't know.

Q: Were you paying attention to him?

A: No.

Q: Why not?

A: I don't know. I just ....I was with my friends.

Q: Do you remember about what time you left Dad's?

A: It was approximately 10 till 2:00. I know they had had last call. And Denise and Barbara were in the little smoking area.

Q: For cigarettes or for marijuana?

A: Cigarettes.

Q: All right. Then what do you remember?

A: I told them that it was time to go and that I was going to go get the truck and pull it up front.

Q: Did you go by yourself

A: To get the truck? Yes.

Q: And after you got the truck where did you go? What was the plan?

A: Oh we were going back to my house.

Q: Who all was going to go back?

A: Barbara and Denise and Keith and Rich.

Q: What were you going back there for

A: Keith was very interested in Barbara and he asked me he said you gotta make this happen for me and I said well you can come back to the house for a minute and talk to her and that's about all I can do. And Barbara and Denise had to come back to the house to get their car.

Q: When you got your truck how quickly did you meet up with your girlfriends and these two guys?

A: It was a matter ... oh meet up with....

Q: There after you got your truck.

A: Well I got my truck and I went to the window and I told them it was time to go. They came
outside. They got into the truck and we left. When I was on Poway Road a little bit down
Barbara said "I forgot my cigarettes." So we made a U-turn. We went back to Dad's. She went in and got them. And then we went..... we left again to go to my house.

Q: How about the two guys? Where were they?

A: I don't know where they were at the time but when we got to Springhurst and Poway Road to turn left
they were in front of us.

Q: Is that where you turned left into your neighborhood?

A: mmmm/hmmmm

Q: Is that a "yes"?

A: Yes. I'm sorry.

JUDGE: It's all right. I do it all the time. Go ahead.

Q: You told us about the alcohol you had been drinking that night and you told us about the marijuana
that you had been puffing on. How clearheaded were you? What impact at all did it have on you?

FELDMAN: Objection. Calls for speculation.

JUDGE: Overruled.

FELDMAN: Calls for a conclusion.

JUDGE: Overruled.

A: Do I answer that?


A: OK. I think I was very clearheaded.

Q: How long had you been drinking that night? When did you start?

A: Probably about 8:45.

Q: At the bar?

A: mmmm/hmmmm

Q: Is that a "yes"?

A: Yes.

Q: And when did you quit?

A: About 1:30.

Q: Quit drinking alcohol at 1:30?

A: Could have been a little bit earlier than that.

Q: Were you able to drive home OK?

A: Yes.

Q: When you got home describe what happened as you pull up.

A: I pulled into the driveway. Keith and Rich were in Keith's car. They were in front of us. They
pulled up in front of the house. We got out of the truck went to the door. They were still getting out of
their car.

Q: Went to the front door?

A: To the front door.

Q: Then what happened?

A: I opened the door with a key and we all went in.

Q: Meaning all five of you?

A: Denise and Barbara and I were in first and Keith and Rich were still walking up to the house.

Q: As you got inside did you see anybody?

A: No.

Q: Your husband or any kids? Were they up at that time?

A: Well I looked upstairs and the TV was on in our bedroom.

Q: How could you tell?

A: It was .... the door was open and I could tell it was the TV light .... the light.

Q: Did you actually see the TV?

A: No.

Q: Once everybody got inside what did you do?

A: When I first stepped into the house I could see out of the corner of my left eye that there was a
blinking light on the control panel to the alarm.

Q: Describe that for us. What is it?

A: It's just a red light that indicates that there's a door or window open.

Q: Where is it on the wall in relation to the front door?

A: It's when you walk into the house it's directly to your left in the hallway next to the garage that goes
into the garage..... the door that goes into the garage.

Q: It's on the wall at about what waist level or so?

A: Eye level.

Q: A nd there are several lights along there?

A: Yes it's vertical.

Q: The lights are they aligned with a particular window or door?

A: They are.

Q: So if you know which light's on you know which window to go check…which door to go check?

A: Yes.

Q: And one light was activated?


Q: What does that mean?

A: That means that there's a door or window open.

Q: Does it have an alarm that either goes off inside the house or alerts a security agency?

A: No.

Q: It doesn't have one or you just don't have it hooked up? Do you know?

A: Well it..... we can have a security company monitor it but we don't have one right now.

Q: And if the house is secure all the lights are off; is that correct?

A: Yes.

Q: And if somebody opens a door what kind of alert or light or sound goes off?

A: When you first open the door there will be beep beep beep it tells you that someone has opened a
door or window.

Q: Does it go on continuously?

A: No.

Q: How long does it go?

A: Just for a few seconds.

Q: And how loud?

A: It's not very loud.

Q: How many monitors do you have in your house?

A: Two.

Q: That one by the front door and?

A: Yes.

Q: where is the other one?

A: In the master bedroom.

Q: When you saw the light what did you do?

A: I told Denise that there was a door open or a window and I needed to find it. And I first ran
upstairs to tell Damon that two of..... that Rich was here and asked I him if he wanted to come down and say "hello."

Q: Then what did you do?

A: I went back downstairs and started looking for the door that was open.

Q: Did you find it?

A: Yes.

Q: Which one?

A: It was the outside garage door.

Q: The door that goes from the inside of the garage to the outside of the house?

A: Yes.

Q: Is that the door that you told us had been opened for the smoke?

A: Yes.

Q: Was it actually ajar or just unlocked?

A: It was ajar.

Q: Did you look outside the door to see if anything was unusual out there?

A: No. Denise was the one who walked up to it and closed it.

Q: Do you know if it was locked at that time after it was closed?

A: I don't know if she locked it.

Q: What did you do then?

A: I went back inside. Keith and Rich had already come in. They were sitting in the living room.

Q: And Denise was with you?

A: Denise was with me.

Q: Where was Barbara?

A: Barbara had gone upstairs.

Q: Do you know where she went?

A: She went to the bedroom.

Q: Where your husband was?

A: Yes.

Q: Did you see her actually go into the bedroom? Were you up there when she went in?

A: No. Keith and Rich started joking around.

FELDMAN: Objection. …(garbled)

JUDGE: I know. He's right. The answer is stricken.

Q: Did you eventually go upstairs?

A: Yes.

Q: Why?

A: Because Keith and Rich were saying "Where's Barbara? Where's Barbara?"
And I said..... they said "She's upstairs." So I went up and I told..... I asked Damon
again to come down.

Q: What was going on?

A: She was laying on the bed on top of the covers and Damon was under the covers and they were

Q: Is that all you saw?

A: That's all I saw.

Q: What did you tell them?

A: I told them both that they were being rude and that they needed to come downstairs.

Q: Did they?

A: Yes.

Q: Immediately or sometime later?

A: Immediately.

Q: What happened when they came downstairs?

A: Denise was in the kitchen heating up leftover pizza.

Q: Where did the pizza come from?

A: Dinner.

Q: Then what?

A: We all ate a slice of pizza had some soda or water.

Q: Any alcohol?

A: No.

Q: Did you have alcohol at the house?

A: Yes.

Q: What? What type of alcohol?

A: What type of alcohol? We have beer and vodka.

Q: When you finish with the beer containers what do you do with them?

A: Recycle them.

Q: Where do you put them?

A: In the recycle bin.

Q: Where is that?

A: Outside of the garage door.

Q: Is that where some of the cans had been recycled?

A: Yes.

Q: Empty bottles?

A: Yes.

Q: After you had the pizza then what happened?

A: The girls said that they wanted to leave and I walked them out front.

Q: Can you estimate for us how long you had been at the house after returning from Dad's until they left?

A: Approximately 15 to 20 minutes.

Q: That's all?

A: Yes.

Q: What about the guys? What did they do?

A: When I walked back in from saying goodbye to my friends Damon said something to the effect of ‘You know I don't want to kick you out but we're tired.’ And they said OK and they left.

Q: Both guys left?

A: Yes.

Q: Are you sure?

A: Yes.

Q: After they left did you lock up?

A: Yes.

Q: Then what did you do?

A: We went to bed.

Q: You and Damon?

A: Yes.

Q: How about the kids? Did you check on them?

A: No.

Q: Why not?

A: When I came home and went upstairs to ask Damon to come down I asked him how the bedtime tuck in
went. And he said it went fine. I asked him if he had hugged and kissed everybody goodnight. And he said "Yes." And I asked him if anyone had asked for me and he said "no" so I had no reason to check on them.

Q: And your husband went to bed that evening then is that right?

A: When I went to bed?

Q: Yes.

A: Yes.

Q: About what time would you estimate you went to bed?

A: About 2:30.

Q: What's the next thing that you remember happening after you went to bed and then fell asleep I assume?

A: I remember Damon saying something about the dog and he got out of bed.

Q: Do you know what time it was?

A: No I don't.

Q: Why not?

A: Because I was very tired.

Q: Were you even aware of him doing anything you know when the conversation about the dog was had?

A: No.

Q: What's the next thing you remember happening?

A: I woke up about 8:15 in the morning.

Q: So from the dog until your wakeup you weren't aware of anything happening?

A: No. Right.

Q: Were you up before or after your husband?

A: After.

Q: What did you do once you got up?

A: I laid in the bed for about 10 more minutes and then I realized that I had committed myself to
baby-sitting for my neighbor.

Q: What day of the week was this?

A: Saturday.

Q: And what do you mean committed to baby sitting

A: She asked me if I would watch her children for a couple of hours while they ran an errand.

Q: Where does this family live?

A: Across the street.

Q: How many kids do they have?

A: Two.

Q: Ages? About.

A: 8 and 5.

Q: Had you baby-sat for her before?

A: Yes.

Q: Had she baby-sat for you before?

A: Yes.

Q: How good of friends were you?

A: We're friends.

Q: What time did she come over with her kids?

A: 9:30.

Q: So what did you do?

A: I took a shower and got dressed. I went downstairs.

Q: What was going on downstairs?

A: I was asking who wanted what for breakfast.

Q: Who was down there?

A: Derrick and Dylan and Damon.

Q: Danielle wasn't down there?

A: No.

Q: Is that unusual?

A: No.

Q: Why not?

A: She was a late sleeper.

Q: How heavy does she sleep? How solidly?

A: Pretty heavy.

Q: How do you know?

A: Because when we go on trips sometimes we'll leave very early in the morning and we will carry them
down the stairs and put them into the car while they're sleeping.

Q: Can you carry her?

A: Not anymore.

Q: How about your husband? Is he big enough and strong enough to carry her?

A: Yes.

Q: He doesn't have to drag her? He's strong enough to carry her in his arms?

A: Yes.

Q: Do you remember if you made anything for breakfast?

A: I started. I was getting things out and then the doorbell rang.

Q: What were you starting to make?

A: Eggs.

Q: And how did the doorbell interrupt you?

A: I was just getting stuff out at the time.

Q: And what did you do when the doorbell went off?

A: I answered the door and it was Julie with her two children. They came in and I told her daughter that she could.... I told her that Danielle wasn't awake but that she could go and wake her if she wanted to because it was late enough.

Q: So what did she do? The daughter?

A: From what I recall she went into the family room and started playing with the boys.

Q: She didn't go upstairs?

A: Not that I know of.

Q: Did anyone go check on Danielle

A: I started cracking eggs. I think I got two cracked and then I realized that she hadn't gone up to get Danielle and I thought I'd do it myself.

Q: Did you?

A: Yes. I went up into her room.

Q: Can you remember if her door was open or closed or somewhere in between?

A: It was open.

Q: How open?

A: All the way open.

Q: And as you stand in the doorway to her room what are you able to see as the door is open?

A: Her bed.

Q: Describe the bed for us would you?

A: Her bed had a lot of items on it. She had put her beanbag on there it had a big dog.

Q: The style of the bed is what I want

A: Oh the style of the bed? It's a four-poster white bed with a cloth ... a screen that hangs over it.

Q: Kind of like a netting?

A: A netting.

Q: What's the color of the bedroom?

A: Pink and purple.

Q: Did she have any girly stuff on the walls?

A: Yes.

Q: Did you go in?

A: Yes.

Q: What did you find?

A: An empty bed.

Q: Didn't find Danielle?

A: No.

Q: What did you do?

A: I asked Damon if he had seen her. And he said..... I asked him if she slept in her bed because
sometimes she would sleep..... they like to sleep in Derrick's room. He has an extra bed.

Q: What did he say?

A: He said that he tucked her into her bed.

Q: So what did you do then maam?

A: I looked into the bathroom because sometimes she gets up and she'll sit there for a little while. And I started calling her name. I started looking under the beds and into the other rooms. And then I..... you know during that time I told Damon I couldn't find her. And he ran upstairs and we started looking everywhere. And we looked downstairs.

Q: What was your emotional state?

A: Frantic.

Q: Had she ever wandered away before?

A: No.

Q: Did she ever sleepwalk?

A: Just to the bathroom.

Q: How far is that?

A: Right outside her door.

Q: What was your husband doing?

A: He..... during this time? He was downstairs. And I told him I couldn't find her and he ran upstairs and he looked through the house and he went out front and started looking.

Q: And your neighbor was she still in the house?

A: She wasn't. I .... I went out back and looked some. Looked in the Jacuzzi and places you would never want to look. And then I called 911.

Q: How quickly?

A: I don't remember how quickly but it wasn't very long.

Q: You weren't timing this were you?

A: No.

Q: Are you able to estimate for us..... well did law enforcement show up in response to your 911 call?

A: Yes.

Q: Are you able to estimate for us how long it took them to get there?

A: No.

Q: What were you doing in the meantime?

A: I called Julie and I asked her to come back and get her children because I couldn't find Danielle. And they were getting very upset the two of them.

Q: Which two?

A: Her two children and my two children were getting very upset because we couldn't find Danielle. So I called her and I told her I couldn't find Danielle and I asked her to come back and get her children.

Q: And how about your two boys?

A: They stayed in the family room with them. I looked in the neighbor's yard next door.

Q: When the police arrived what happened?

JUDGE: Are you OK? You want a break?

A: I'm OK. we told him that we couldn't find Danielle and he started..... he walked through the house with us I think.

Q: Was this a uniformed officer?

A: Yes.

Q: Then what happened?

A: We had to stay outside the house.

Q: We being who?

A: Damon and I and the two boys.

Q: Were you given a reason?

A: until the investigators got there

Q: Investigators ....did they eventually show up?

A: Yes.

Q: Were they in uniform or were they in plain clothes?

A: I don't recall.

Q: What happened when they arrived?

A: It's so hard to remember.

Q: Did you speak with them?

A: Yes.

Q: Were you inside or outside the house?

A: We went inside and showed them the room.

Q: We being who?

A: I'm..... Damon and I.

Q: Then what happened?

A: Before I knew it it was total chaos.

Q: What do you mean by that?

A: There were lots of people on the street searching for Danielle. Our neighbors came out and started helping us in any way they could. One of our neighbors made posters.. I mean flyers "Missing Child."

Q: Did you spend that evening in your house?

A: No.

Q: Why not?

A: We weren't allowed back in.

Q: By whom?

A: The police department.

Q: Did they tell you why?

A: Because they were investigating it. Searching for evidence.

Q: When did your husband vacuum the house to hide evidence?

A: My husband doesn't vacuum the house.

Q: We heard at least questions the other day that he was vacuuming the house destroying evidence. Did that ever happen?

A: No.

Q: Did you have a vacuum cleaner out that morning?

A: Yes.

Q: Where was it?

A: It was upstairs in the little hall area. Not..... just sitting next to the wall.

Q: Why was it out there?

A: Because I was going to vacuum that weekend.

Q: Do you also have a steam cleaner?

A: Yes.

Q: Where was that?

A: It was in my bedroom.

Q: Why was that out?

A: It was out because a couple days prior to Danielle missing the dog had peed in her room in two places. She wanted the dog to sleep in her room. And the dog peed in her room and I had to steam clean it up.

Q: Are you telling us that your husband didn't vacuum up evidence before the police got there?

A: No.

Q: Did you assist the police in their requests of you and your husband?

A: Yes.

Q: How about the vacuum cleaner? Was anything done with regard to that with the police?

A: They actually took the steam cleaner.

Q: How about the vacuum cleaner? Did they eventually take that?

A: They took the bag.

Q: Which bag?

A: The vacuum cleaner bag?

Q: Yeah. Where was the vacuum cleaner bag?

A: It was inside the canister.

Q: Was there one also outside in the trash can?

A: Yes.

Q: Why was it out there?

A: Because it was full.

Q: When did you put it out there?

A: when I vacuumed the downstairs and take..... carried the vacuum up the stairs to vacuum upstairs later I changed the bag.

Q: Was that before Danielle was taken?

A: Yes.

Q: How long were you kept out of your house once the police took over the house?

A: A day.

Q: And when..... were you told anything after the police finished their searching about whether or not you could go back into the house?

A: Yes.

Q: What did they tell you?

A: They told us we could return to our home.

Q: Did they say what to do or not to do once you got back inside?

A: Actually I asked them specifically what happened as I went to the house. And I walked in

FELDMAN: Excuse me. No question pending. Objection.

JUDGE: Sustain..... I understand. Sustained. The answer is stricken.
Please ask another question.

Q: When you walked back to the house and you went inside what did you see?

A: It was all black.

Q: What do you mean by that?

A: The tile was black. The banister was black. There was fingerprinting dust everywhere.

Q: Were there any holes in the wall?

A: Not at the time.

Q: Eventually were there?

A: Yes.

Q: Why?

A: they sprayed a chemical on the wall to lift fingerprints and they had to take the drywall out.

Q: Did you let them?

A: Yes.

Q: Why?

A: Because I'd do anything to get my daughter back.

Q: When you saw the condition of your house once you first returned there what did you do?

A: I told my friends that I couldn't let my boys come into that because it would be..... it would scare them.

Q: So what did you do?

A: They got ....they asked some neighborhood moms to clean.

Q: Who asked?

A: My friend.

Q: Your friend asked some neighborhood moms to help you clean?

A: Yes. I didn't clean.

Q: What was your condition?

A: I was devastated.

Q: Do you know whether or not the neighborhood moms started to clean?

A: After... after I asked for them to clean.

Q: Did the police tell you anything at all about whether or not you could clean at that time?

A: They actually told me I could clean the whole house. And I specifically asked them about Danielle's bedroom. And they said to clean it. And I specifically said it twice and I said "If I clean that bedroom and you come back to me and ask me for evidence you are going to be on my poop list."

Q: Where did they start cleaning?

A: Downstairs.

Q: Did they complete the cleaning job?

A: Downstairs.

Q: Did they go upstairs?

A: No. Damon and I decided that we didn't want them to clean the room just in case there was anything else that they would get out of it that could help find Danielle.

Q: Was anything done to protect the room?

A: We put a gate in front of the door and a "Do Not Enter" sign on the door.

Q: Has anyone cleaned that room since?

A: No.

Q: Anyone allowed in that room?

A: No.

Q: Have you gone in there?

A: Yes.

Q: Have the police come to you and your husband and your sons seeking your cooperation in providing evidence or samples in this case?

A: Yes.

Q: What have you provided?

A: Anything they asked for.

Q: Such as

A: We were fingerprinted we were DNA-swabbed.

Q: Your boys also?

A: Yes. And they took hair samples.

Q: Do you have a dog?

A: Yes.

Q: What kind of dog?

A: Weimaraner.

Q: Dog have a name?

A: Layla.

Q: Does the dog bark?

A: No.

Q: Why not?

A: I really don't know exactly why she doesn't bark but I know that when we bought..... bought her from the breeder the breeder had the larynx removed from her dogs and Layla has never really barked.

Q: The type of dog you have is it a long-haired or short-haired dog?

A: Short-haired.

Q: How old?

A: She turned a year in February.

Q: Where do you keep her?

A: In the house.

Q: She's a house dog?

A: Yes.

Q: Where does she customarily sleep?

A: In my room next to my side of the bed.

Q: How do you keep her in there at night?

A: Close the door.

Q: Did the police take any items of clothing from your house?

A: They took clothing from Danielle's room.

Q: How about any bedding?

A: They took her bedding.

Q: Any furniture pieces?

A: Yes.

Q: Did you let them take everything they wanted?

A: Yes.

Q: Have you stood in the way of anything they've asked you..... asked you to do?

A: No.

Q: Has David Westerfield ever been in your house as far as you know?

A: No.

Q: Has he ever been invited in your house?

A: No.

Q: Has he ever been invited in your garage or any part of your property?

A: No.

Q: We've heard at least allegations or perhaps even some evidence about possible blood drops along the stairwell or stairway going upstairs. Did you see any of the police officers or any of the lab people doing their work in your house?

A: Yes.

Q: Had anyone been bloody in your house within a period of time before Danielle was missing?

A: Just the dog.

Q: What happened to the dog?

A: She was running around the backyard and she ran into Damon's leg and busted her nose open.

Q: Did it bleed?

A: It bled a lot.

Q: Did you see the specs that were on the wall that the officers were collecting?

A: No.

Q: Either then or afterwards?

A: I didn't.

Q: Do you know how they would have gotten there if they're even blood?

A: From the dog.

FELDMAN: Objection. Calls for speculation. No foundation.

JUDGE: Sustained. The answer is stricken.

Q: Danielle was how old?

A: 7

Q: How tight of a reign did you have on her regarding her ability to wander around the neighborhood and go visit people?

A: She wasn't allowed to.

Q: How about your other children? What kind of restrictions did you have on all of them?

A: Before they went anywhere they had to ask me. even if they.... if they saw the children across
the street out they had to come in and ask me if they could cross the street.

Q: They weren't allowed to cross the street on their own?

A: No.

Q: Why not?

A: Because I needed to know where they were at all times.

Q: How long had that rule been in effect?

A: Since..... since they knew what rules were. I mean …

Q: Did they comply with that rule?

A: Yes.

Q: How do you know?

A: Because I've never found them anywhere that they shouldn't have been.

Q: Did they come and actually ask you to cross the street?

A: Yes.

Q: And when they did that what would you do?

A: I would walk out front and watch them cross. I would make sure that the neighbor across the street knew they were there.

Q: Danielle..... can she wander beyond your house or your block..... to friends houses type thing?

A: Yes. She is allowed to..... not without asking permission first..... she is allowed to ride her bike up the hill and down.

Q: The "hill" is which street?

A: Mountain Pass.

Q: The street you live on?

A: Yes.

Q: And when she rides that is she on the street or the sidewalk?

A: Sidewalk.

Q: And is she able to walk to any friends that live in your block?

A: She has walked to the cul-de-sac.

Q: And do you have to cross the street to get there?

A: You do.

Q: What type of restrictions do you place on her being able to do that?

A: She has to ask permission first and I have to make sure that the other mom knows she's coming.

Q: So she's going to a known destination?

A: Yes

Q: And did she live with that rule? Comply with it?

A: Yes.

Q: Is there a park down at one end of your street?

A: Yes.

Q: To get to the park do you have to cross a street?

A: Yes.

Q: And then do you have to go by Mr. Westerfield's house?

A: Yes.

Q: Was she permitted to go down there?

A: She was down there maybe two times without me but I was in the driveway watching.

Q: Would she ask permission to go down there?

A: Yes.

Q: How far away is this park would you say? Within eyesight or not?

A: Within eyesight.

Q: I forgot to show you something earlier. I've had marked as People's Exhibit 6 this three-page document looks like a Girl Scout cookie form. Let me ask you to look at Exhibit 6 Mrs. Van Dam. It appears to be a xerox copy but do you recognize what it is?

A: Yes.

Q: What is it?

A: It's a Girl Scout cookie order form.

Q: Now there are currently three pages is that correct?

A: Yes.

Q: Is that the form you and Danielle were filling out

A: Yes.

Q: ..... when you went to Mr. Westerfield's house?

A: Yes.

Q: Does it show the people that agreed to buy some of the cookies?

A: Yes.

Q: Did Mr. Westerfield agree to buy any cookies?

A: Yes.

Q: How many and what type?

A: He agreed to buy four boxes of cookies two were Samoas one was Aloha chips and he then donated one box to 'Operation Thin Mint.'

Q: What does that mean?

A: It means that this year the Girl Scout Council decided to try and get 5 000 boxes of cookies donated to the men and women overseas and they were going to ship Thin Mints over to them.

Q: When Danielle sleeps what does she wear?

A: Her pajamas.

Q: Describe those for us.

A: They were blue..... light baby blue. The pants only went down to her mid calf. They had flowers on the bottom cascading lightly up and the top was kind of like a tank top. And it also had flowers on the bottom and it had some butterflies cascading up.

Q: Did she sleep with anything on her feet…

A: No.

Q: ..... like slippers or socks?

A: No.

Q: so the skin would be exposed when she's sleeping on her feet?

A: Yes.

Q: How long is her hair?

A: We had just had it cut. It was shoulder length.

Q: Height and weight if you can tell us?

A: She was about 60 pounds.

Q: And how tall?

A: Four feet.

Q: Did she have any cuts scrapes scabs ....anything that was bleeding or had bled at the time she was missing?

A: No.

Q: How about before that? Do you recall any cuts scabs blood .... anything where she had been hurt?

A: No.

MR. DUSEK: Thank you maam.

TOPICS: Crime/Corruption; Extended News; News/Current Events; US: Colorado
KEYWORDS: brenda; damonvandam; davidwesterfield
Navigation: use the links below to view more comments.
first previous 1-20 ... 221-240241-260261-280 ... 361-368 next last
To: spectre
But the judge will say..the only think illegal is the pot smoking. Sorry, but true.

SHould have read

But a judge would say..the only thing illegal is the pot smoking. Sorry, but true.

Now, getting to vacrn's comments, and my exchanges with her... What would a reasonable person do? Ya gots to look at laws, and society's tolerance of their behaviour....laws and restrictions show how much their behaviour is tolerated. Sometimes, proof of neglect is subjective.. I still say what do the counselors think? The investigators, teachers, friends, family and principals all have a role in proving neglect.

241 posted on 04/10/2002 7:55:07 AM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 239 | View Replies]

To: spectre
No one can deny that if the swinger allegations are proven..that it's a nasty lifestyle... But are you looking at this from a loving and attentive parent's angle, (which is what the defense may hope the jurors are going to do) OR are you looking at their behaviour in connection to the current laws, with a non-judgemental attitude.

If the defendant is guilty, and the defense exploits the parents chosen lifestyle...going to the bars,dancing with each other, and possibly having threesomes/foursomes that society tolerates could backfire.

242 posted on 04/10/2002 8:00:32 AM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 237 | View Replies]

To: ~Kim4VRWC's~
The judge will say the only thing illegal is the pot smoking. NO, he won't. They are not on trial.

Yes, you do love have a bleeding heart mentality because their daughter was allegedly abducted and found dead. Keeping in mind, Danielle was the real victim, I have no sympathy for her negligent parents, except to say, I am sorry the poor little girl is dead. The environment she was raised in was a cess-pool. She never had a chance. There weren't any sober, responsible parents around to take care of her. I wouldn't let these people baby-sit a dog..

~Kim~ do you know what "child endangerment" is? From everything I can put together that happened that evening, they put their children's lives at risk. Want proof? One of them is dead.

Contributory negligence, ~Kimmie~...keep saying that to yourself, it might register after awhile.


243 posted on 04/10/2002 8:03:32 AM PDT by spectre
[ Post Reply | Private Reply | To 239 | View Replies]

To: MizSterious
Miz, your post #228, is very well stated. I couldn't have stated that better myself!
244 posted on 04/10/2002 8:06:56 AM PDT by vacrn
[ Post Reply | Private Reply | To 228 | View Replies]

To: spectre
Joan Benet case all over again, Lets look at the lifestyles and the people who the parents partied with. Lets look at people with less than normal values affecting the Children. God help the Children. OPS4
245 posted on 04/10/2002 8:10:15 AM PDT by OPS4
[ Post Reply | Private Reply | To 243 | View Replies]

To: BigBobber
BigBobber: Your wife has taught you well!
246 posted on 04/10/2002 8:14:23 AM PDT by vacrn
[ Post Reply | Private Reply | To 238 | View Replies]

To: spectre
Contributory Negligence... a torts issue. How much a plaintiff or defendant in a civil suit contributed towards an event that caused damage to one of them. Will the parents ever be charged as negligent? I have no clue. Who would bring forth the charges? Pierce?

Distinction Between Assumption of Risk and Contributory Negligence
Whether a person who voluntarily proceeds into an obviously unsafe situation has merely assumed the risk, or has been guilty of contributory negligence in so proceeding, is often a close question.

At this point,the parents felt safe bringing their friends home. They have not been proven to be strangers.

, "if the risk of harm involved is of such magnitude as to outweigh what the law regards as the utility of the act or the manner in which it is done. [63] In other words, if assuming the risk was reasonable under all the circumstances, it is no defense under the safe-place law; if unreasonable, it is contributory negligence.

What is "reasonable" is measured by what ordinary and prudent men do under similar circumstances. [65]

Unless the defendant can show that the likelihood of injury outweighed the practical usefulness, or utility, of proceeding as plaintiff did under the circumstances, plaintiff cannot be charged

It's not unreasonable to bring friends home from a bar.

Is it unreasonable to not check the doors and windows? maybe..but they did. Is it unreasonable to not check on kids afterwards...obviously that is debateable..Living in a neighborhood with low crime rates..a reasonable person might continue to feel safe. I don't know. I know I wouldn't.

247 posted on 04/10/2002 8:17:39 AM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 243 | View Replies]

To: ~Kim4VRWC's~

You can't be serious.

BTW, how ever is the jury going to deal with David Westerfields background? You don't think that because the man has patents on inventions that have made a positive difference in the quality of thousands of lives, it might just play a tiny bit in his favor?

Here we have a man who wants to "invent" things to help handicapped people? People who can't bend their fingers properly, have a new lease on life. People who need assistance to help them out of bed?

He has a really "evil and perverted" mind to invent things to help others? Oh, God forbid, ~Kim~ you might be in the need and be offered a Westerfield invention to make your life more comfortable or pain free. You'd refuse it, right? Not!

An evil, sicko, person doesn't want to help people...he did.

Now, you tell me something positive about the van Dams. Your turn.


248 posted on 04/10/2002 8:20:37 AM PDT by spectre
[ Post Reply | Private Reply | To 242 | View Replies]

To: OPS4
"God Help The Children"



249 posted on 04/10/2002 8:23:52 AM PDT by spectre
[ Post Reply | Private Reply | To 245 | View Replies]

To: spectre
in that previous post, the roles plaintiff/defendant were renter/landlord ..that's why the language could be confusing.

contributory negligence in law, behaviour that contributes to one's own injury or loss and fails to meet the standard of prudence that one should observe for one's own good. Contributory negligence of the plaintiff is frequently pleaded in defense to a charge of negligence. Historically the doctrine grew out of distrust of juries, ...
An injured person's failure to exercise due care, which along with another person's (the defendant's) negligence, contributed to the injury. A common law defense, originating in England, that one who negligently harms another cannot be found liable if the injured person himself was negligent in the slightest degree.

250 posted on 04/10/2002 8:25:43 AM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 243 | View Replies]

To: ~Kim4VRWC's~
Recently, that was the ONLY thing being given credibility. The misinformation fed to the media. So which is it? What it really comes down to is the timeline. The timeline resembles the shifting sands at the desert. The alleged window of opportunity was any where from 11:00 to 3:30-4:00. So make up your mind which is it. Did he sneak in before 1:30 and leave between 3:00 and 3:30 while the party was in full swing or after they went to bed? If the party wasn't in the garage, was it in the 5th bedroom downstairs? If so David Westerfield has VERY LARGE, VERY SHINY BRASS COJONES! Will we see yet another timeline emerge if the rumored alibi witness for DW appears? And people say we're selective...
251 posted on 04/10/2002 8:29:12 AM PDT by Jaded
[ Post Reply | Private Reply | To 235 | View Replies]

To: ~Kim4VRWC's~
She said my husband will be out of town, if I can get a babysitter. DvD was suppose to be gone.
252 posted on 04/10/2002 8:31:00 AM PDT by Jaded
[ Post Reply | Private Reply | To 240 | View Replies]

To: ~Kim4VRWC's~
Words, ~Kim~. But then again, I guess everyone who thinks Russell Yates didn't practice some "contributory negligence" with his family is wrong?

But that's another case, isn't it?

Forget about it, Kim, and buckle up. You aren't gonna be a happy camper when the trial gets underway...giggle, giggle.


253 posted on 04/10/2002 8:31:45 AM PDT by spectre
[ Post Reply | Private Reply | To 250 | View Replies]

To: spectre
speaking of evil..Do you know the history of bayer pharmaceutical company?

bayer's big headache

A federal lawsuit filed by a Holocaust survivor claims the German pharmaceutical giant paid Nazi doctors to perform experiments on Jews at Auschwitz. A lawsuit filed in US District Court in Indianapolis says Bayer supervised experiments in which prisoners were injected with germs to test the effectiveness of the company's drugs. Eva Kor of Terre Haute, Indiana, says her twin sister died from experiments she was subjected to as a child. Bayer has denied any involvement in the tests

254 posted on 04/10/2002 8:31:56 AM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 248 | View Replies]

To: spectre
Excuse me, that "didn't" read right....Russell Yates DID practice some contributory negligence with his family.

Enough, Kim. I've got a ton of house-work to do today...just can't get any good hired help these days (wink, wink).


255 posted on 04/10/2002 8:34:19 AM PDT by spectre
[ Post Reply | Private Reply | To 253 | View Replies]

To: spectre

In a summary of a letter from a doctor working for the huge German pharmaceutical company Bayer, she read about Bayer experimental drugs to be tested on Auschwitz prisoners. If true, it means that Kor and others were essentially used as laboratory animals.

Bayer is one of the best known and largest pharmaceutical and chemical companies in the world. But what’s turning up in these long-forgotten archives puts the company in a much different light.

For example: One of the SS doctors at Auschwitz, Dr. Helmut Vetter, a longtime Bayer employee, was involved in the testing of Bayer experimental vaccines and medicines on inmates. He was later executed for giving inmates fatal injections.

256 posted on 04/10/2002 8:35:18 AM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 253 | View Replies]

To: spectre
I gotta go's going to be beautiful today. We gots to get this off of our minds an enjoy the life the good Lord gave us.
257 posted on 04/10/2002 8:36:26 AM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 255 | View Replies]

To: ~Kim4VRWC's~
Yeah, I see the light now! Westerfield is a Nazi who was into experimenting on.....(blah, blah, blah).

The guy can do no right! LOL! sw

258 posted on 04/10/2002 8:36:55 AM PDT by spectre
[ Post Reply | Private Reply | To 254 | View Replies]

To: spectre
PS: My posts about bayer was in response to your following statement.

He has a really "evil and perverted" mind to invent things to help others? Oh, God forbid, ~Kim~ you might be in the need and be offered a Westerfield invention to make your life more comfortable or pain free. You'd refuse it, right? Not!

259 posted on 04/10/2002 8:37:54 AM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 248 | View Replies]

To: spectre
Actually, I was wondering what you would say about accepting a product from something or someone that has an evil background. I find it a non-funny issue. Would you accept a bayer aspirin if the lawsuit proved to be true?
260 posted on 04/10/2002 8:39:24 AM PDT by Freedom2specul8
[ Post Reply | Private Reply | To 258 | View Replies]

Navigation: use the links below to view more comments.
first previous 1-20 ... 221-240241-260261-280 ... 361-368 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794 is powered by software copyright 2000-2008 John Robinson