Please take the stand sir
Q: Mr. Van Dam. Please tell us your name
A: Peter Damon Van Dam
Q: Thank you. And how do you spell Damon?
A: D-a-m-o-n
Thank you. Go ahead counsel.
Q: Are you married Mr. Van Dam?
A: Yes I am.
Q: How long have you been married?
A: 13 yrs
Q: Name of your wife?
A: Brenda Van Dam
Q: How many children?
A: three
Q: Oldest name is?
A: Derrick
Q: How old is he?
A: 9
Q: Danielle...
A: Derrick just turned 10 I'm sorry
Q: You a little nervous?
A: Just a little
COMMENT: There's some water up there.
Q: Danielle's your second child?
A: Yes
Q: How old is she?
A: 7
Q: And your youngest child's name is?
A: Dylan
Q: How old is he?
A: He's 5
Q: Where do you live sir?
A: 12011 Mountain Pass Road
Q: Is that in the Sabre Springs area of San Diego?
A: Yes
Q: How long have you lived there?
A: about 3 years
Q: Do you work sir?
A: yes
Q: what days of the week?
A: Mon - Fri
Q: And how about your wife. Does she work outside the home?
A: she has a part time job selling books
Q: How long has she been doing that?
A: About six months. Something like that.
Q: How long have you lived in that neighborhood?
A: About 3 years
Q: Do you know an individual by the name of David Westerfield?
A: Yes I do
Q: Do you see him in court today?
A: Yes I do
Q: Would you point him out please and describe what's he's wearing today
A: Gray suit, white shirt...
Judge comment: He's identified Mr. Westerfield
Q: was he living in the neighborhood when you folks moved in?
A: yes
Q: up until this situation with Danielle as missing could you describe your relationship with Mr. Westerfield?
A: I spoke with him when we first moved in
Q: you mean like the first week or so or?
A: First month or so maybe I'm not sure. It was a long time ago. Spoke with him for about 5 minutes about a dune buggy he had in his garage and have waved at him since then. And maybe 6 months to a year ago spoke with him about some rocks that were in the street in front of his house and a car had hit them. he was cleaning up the rocks on our side of the street....our side of the corner. Spoke with him a few minutes about the car that had hit the rocks.
Q: How would you describe...did you know his name up until your daughter was missing?
A: No. Up till a few days before when my wife told me his name no I didn't know his name.
Q: Had you ever socialized with him?
A: No
Q: To your knowledge had he ever been to your house?
A: No
Q: Had you ever been to his house?
A: No
Q: Well inside his house. Had you ever been inside his house?
A: No
JUDGE: Try the question again please
Q: Had you ever been inside his home?
A: No never inside
Q: Had you been on his property?
A: In his driveway. 3years ago when I spoke with him about the car was the only time.
Q: I'd like to direct your attention back to the last day you saw Danielle. Feb 1st on Friday. Did you work that day?
A: Yes I worked that day
Q: Do you remember about what time you got off work?
A: It was around 6:30
Q: How do you get home?
A: I drove home that day
Q: And got home at about what time
A: about 6:30 I believe
Q: Did you have any plans for the weekend
A: I originally had plans for the weekend that I cancelled
Q: What were the original plans
A: To go snowboarding with my son
Q: Where were you going to go ?
A: Big Bear
Q: Were you going to go with anyone?
A: With.... Yes Bill Libby
Q: And was he going to bring anybody along?
A: His son Derrick and his friend Patrick
Q: How long were you going to go up there for?
A: Just for a day
Q: What happened to the plans
A: I believe the original plans were to not go with Bill and we changed the plans to going with Bill on Sunday instead of going on Saturday. It's kind of hazy now.
Q: All right. Do you remember why the trip was delayed one day?
A: Because Bill wanted to go Sunday. I think I was going to go alone Saturday and then Bill wanted to go Sunday. So we changed to going Sunday with Bill.
Q: On that Friday after you got home what was going on at your place?
A: My wife had just gotten home with pizza and we ate dinner with the kids.
Q: Was anyone going out that evening?
A: Brenda was going out that evening
Q: With whom
A: her friends
Q: Do you know where they were going?
A: Dads cafe
Q: And what were you going to do while she was gone
A: Watch the kids
Q: Did anybody come over that evening?
A: Yes. Her two friends Denise and Barbara
Q: What were you guys doing when they showed up
A: When they showed up I was playing video games with the 2 boys in the living room and Danielle was at the kitchen table reading a book
Q: What happened when the 2 girlfriends showed up
A: I said hello. Brenda was still upstairs. I went to the door and let them in and talked to them for just a minute. I believe they sat down at the kitchen table with Danielle. And I went back to playing video games with the boys.
Q: That evening after you got home from work did you have anything to drink?
A: I had 2 beers with dinner, the pizza, and then 1 beer later playing games with the boys. We ate some more pizza. That was after they had left
Q: All right. After the 2 girlfriends showed up did they remain in the house the entire time.
A: Until they left they went to the garage for awhile
Q: Did you go out there initially with them?
A: For a minute I went out there with them
Q: What happened out in the garage
FELDMAN: I couldn't hear the answer
JUDGE: I couldn't either. Did you go out to the garage with them initially.
A: I don't think it was initially because I think Brenda came down and they went out to the garage. And I think then I went out ,because I was playing games still with the boys, and then I went out and talked to them for a minute and came back in.
Q: What was going on out in the garage
A: They were smoking
Q: What?
A: Cigarettes and marijuana
Q: Did you have any of that marijuana
A: Yes
Q: How much
A: I had maybe two. I think only one though
Q: Two cigarettes?
A: No just a puff. It was cold in the garage so I went back in
Q: How many marijuana cigarettes were out there being passed around
A: I believe it was just one but I'm not sure. I was only out there for a minute.
Q: Anything at all about whether the side garage door was open or closed at that time?
A: No
Q: No you don't know
A: I don't know
Q: After you spent your time in the garage where did you go Mr. Van Dam
A: Back to the living room to play video games with the boys
Q: What was the next thing that happened?
A: they came back in. I said goodbye to them and they left.
Q: Went off to where they were going
A: Yes
Q: Who was driving do you remember?
A: I think it was Brenda but I'm not really sure
Q: Did you go outside and see who was driving?
A: No. I definitely couldn't see who was driving
Q: What did you do after they left?
A: Back to video games
Q: Can you estimate for us about what time your wife and her friends left your house?
A: About... around 8
Q: Were you keeping track of time
A: No not at all that's why I don't know. I didn't realize I'd played the video games that long either. It seems like a long time now
Q: Do you remember which video games you were playing?
A: It was Project Gotham on X-Box. We'd just won an X-Box
Q: What
A: Project Gotham Racing Game on .... We'd just won an X-Box. So we were playing with our X Box
FELDMAN: Your Honor I'm sorry...
JUDGE: you're having difficulty I know.
Damon: I'll turn this way
Judge: I have a feeling that some of us aren't too familiar with video games. Me included.
Damon: OK it's an X Box Video Game system.
Judge: One at a time remember. It was me I'm sorry. Tell us the names of the video games slowly.
A: One video game. Project Gotham Racing
PROSECUTOR: Project Gotham Racing.
JUDGE: I got it. What was the other video game?
A: No other video game. It's an X Box system that you play on.
Judge: Next question. Let's get off the video games.
Q: Were you drinking anything at that time Mr. Van Dam
A: I believe after they left I had 1 more beer and two more slices of pizza with Dylan. Dylan was...I got a slice for me and he ended up eating it. Then I got another slice and he ate that one too.
Q: How about Danielle. What was she doing?
A: Danielle read at the table for awhile. Asked me the spellings of a few words because she was reading her book and then writing it in her journal. And she asked us to turn the tv down. and after awhile she moved into the family room which was just behind where we were sitting.
Q: Where were you with the boys? Which room?
A: Living room. Room with the tv which I believe is the living room is that right
Q: Do you remember what was on tv?
A: Project Gotham Racing
Q: Ok what's next.
JUDGE: That makes 3 of us. Go ahead.
Q: What happened after you guys were done watching the computer stuff on tv?
A: At about a little before 10 I asked the kids to all go up and brush their teeth and get in bed. And I turned off that and I watched tv downstairs for a little while while they went up and got ready for bed.
Q: They get ready by themselves
A: Yeah they get ready by themselves
Q: And as they were upstairs getting ready you were doing what?
A: Watched some tv, cleaned up the kitchen a little
Q: Then what
A: At about 10 went up and put them to bed. And went in Dylan's room first and Danielle was reading to Dylan. And I asked her to go to bed...well I checked that they'd brushed their teeth and all. Asked her to go to bed...I tucked Dylan under the sheets and gave him a kiss goodnight and said goodnight to him. And then I went to her room and she had already gotten in her bed and I gave her a kiss goodnight. And went to Derricks' room and he was still reading and I asked him just to turn the light off when he was done reading because he usually puts himself to bed a few minutes later and cracked all their doors a crack. They wanted them open but I was going to watch tv so I just left them a crack open.
Q: When you say a crack can you estimate for us about how big an opening
A: 6 inches, 8 inches
Q: Did you leave any lights on upstairs
A: When I left Derrick's room his light was left on. All the upstairs lights were off. There may have been a bathroom light on in our room but I'm not sure.
Q: Did they have any night lights either in their rooms or in their bathroom?
A: There's a night light in their bathroom. There's a night light in Dylan's room. Danielle's room did not have a night light. The blinds were open. And I'm not sure if Derrick's room had one at the time or not.
Q: After you tucked them in where'd you go
A: Went back downstairs and watched tv a little longer.
Q: Do you remember what you were watching?
A: I was channel surfing
Q: Did you stay awake?
A: Stayed awake for a little while downstairs and then went upstairs again
Q: Where'd you go when you went upstairs
A: Got in bed and watched tv in bed for a little while
Q: Do you have a dog
A: I have a dog yes. I left that out. Actually. Do you want the whole from after putting Derrick to bed too?
Q: Did you do something with the dog after you put Derrick to bed?
A: Put Derrick to bed and went in our room and the dog had chewed up her dog bed. And I took the dog bed downstairs to the laundry room and put it into the laundry room. And let the dog out back to go to the bathroom.
Q: How did you do that?
A: Through the rear sliding glass door, opened the sliding glass door, let her out to go to the bathroom, closed the door while she was going, and stood there and watched her, then let her back in through the door.
Q: and after you did that is that when you went to watch tv?
A: Downstairs yeah. I kept the dog down there with me for a little while. I didn't watch tv too long.
Q: When you finished watching TV you went where?
A: Went back to my bedroom.
Q: And how bout the pooch, where'd the dog go?
A: The pooch came up to the bedroom with me and I closed her in with me.
Q: Why?
A: Because she had no...... Well we close her in all the time basically because she'll pee in the house.
Q: What'd you do in your room?
A: Got ready, got in bed, and watched tv for a little while, and then turned the tv off and went to sleep.
Q: Are you able to estimate for us the time period we're talking about. When you got upstairs, or when you turned the tv off?
A: Around 10:45. 11:00. I don't know.
Q: What event
A: Well going to bed I'd say probably another 15 min downstairs watching TV....about quarter after 10 downstairs watching tv and then went upstairs and maybe 10:30, 10:45 turned off the tv for the last time. I didn't look at the clock at any of those times.
Q: When you came upstairs to watch tv and go to your bedroom did you check on the kids?
A: no
Q: You eventually fell asleep in your bedroom?
A: Yes
Q: What was the next thing you were aware of?
A: The dog was whining to go out. She usually sleeps on Brenda's side of the bed and she was up and whining on my side of the bed. So I assumed she had to go to the bathroom so I went down and let her out.
Q: that was the assumption you made?
A: Yeah
Q: Is she able to bark or make any sort of noise?
A; She's able to but she doesn't usually.
Q: Why not?
A: She was born and raised on a farm where the dogs had all been de-voiced.
Q: What did you do once the dog was making some motions
A: Got up and went down and let her out
Q: Do you know what time that was?
A: Around 1:45 I think
Q: Did you check the clock at that time?
A: No
Q: So this again is an estimate?
A: This is an estimate.
Q: was Brenda home by then?
A: no
Q: where did you take the dog
A: I let her out back. And then let her back in. Again watched her while she went out.
Q: what door
A: Through the back sliding glass door. Let her back in. Went back upstairs to the bedroom. Left the bedroom door open.
Q: why
A: Because I knew Brenda would be home soon because I knew Dads closed at 2AM. So with the bedroom door open the dog was wherever the dog was I don't know. I jumped in bed and I watched TV for a little while
Q: did you have any lights on in your room besides the tv
A: No. The only light on in the house was the dining room light on dim. and yeah the front porch light
Q: what was the next thing that you recall happening
A: I heard the truck pull up and people come in the house. And that time was 1:54 5 6. I distinctly remember because that's the time I looked at the clock. So I would believe probably 1:54 they came in and I laid in bed awhile while I heard them downstairs.
Q: this clock that you have is it a digital clock that prints out the numbers?
A: VCR. On the VCR.
Q: What was the next thing that happened
A: Brenda and Barbara came upstairs, when they came in I heard 2 male voices I didn't know, then Brenda and Barbara came upstairs, Barbara jumped in bed next to me. I think Brenda went to the bathroom but I'm not sure. It was dark in the room.
JUDGE: I couldn't hear you. Keep your voice up
A: I'm not sure where Brenda went. But she came in the room and said something to me and then left the room
Q: When Barbara when you say went and jumped in bed with you what does that mean?
A: She jumped on top of the blankets next to me
Q: Where were you
A: I was under the blankets
Q: How were you dressed
A: I had underwear on
Q: What happened
A: Barbara laid next to me. I rolled over put my arm around her kissed, rubbed her back some
Q: How long were you there with her
A: 5 minutes, around 5 minutes
Q: What happened after that
A: Brenda came back upstairs and asked that we come downstairs with the other people in the house
Q: Did you
A: yes
Q: what were you wearing when you came downstairs
A: You know I'm not positive
Q: more than underwear
A: More than wearing underwear...I either I put on my housecoat or put on a T-shirt and shorts but I don't remember which
Q: When you got downstairs who was there
A: Rich, Keith, Denise, Barbara and Brenda
Q: Did you know those people
A: Knew them all yes
Q: What was going on downstairs
A: They were eating pizza and cookies
JUDGE: They were eating pizza and what?
A: cookies
JUDGE: That's what I thought you said.
Q: How long did they hang around
A: I would guess 15 minutes to a half hour
Q: Who left first. If you can remember
A: Barbara and Denise left together first
Q: And then what
A: Then Rich and Keith left a few minutes later
Q: How was it that they came to leave? Did you say anything, or did anyone say anything to anybody?
A: Oh yeah we said it was time to go
Q: After they left was anybody left in the house
A: Just Brenda and myself and the kids
Q: When Brenda came home from Dads were you aware of any lights being activated on the warning system?
A: No
Q: Do you have a warning system or security system in your house
A: Yes
Q: Explain it to us
A: There's different red lights. There's green lights that go on when all doors are closed. And if certain zone doors are open, which is groups of doors or windows are open, a red light will go on, it'll beep and a red light will go on and stay on as long as the door is open. And I didn't notice any of those lights on.
Q: While you were up in the bedroom, after you took the dog outside and came back the last few minutes before Brenda came home, did you see any lights on in the monitor in your bedroom?
A: No
Q: Where's the monitor in your room?
A: It's next to the door to the room
Q: Can you explain to us why you didn't see any lights on, assuming there was a light on
A: Well..
OBJECTION/SUSTAINED
Q: Were you paying attention to the alarm system
A: I was not paying attention to the alarm system but when I lay in bed there's one of the posts of the bed if I lay in a certain area of the bed I can't see the lights at all. So sometimes I can't see them and sometimes I can depending.
Q: is there any audible sound when the light goes off
A: When the door is first opened it beeps cause it'll beep
Q: How long?
A: Just a chirp (Damon makes a sound with his voice to describe this chirping sound). Short chirp.
Q: you heard that?
A: No
Q: After your friends leave you and your wife do what?
A: Went upstairs and went to bed
Q: what was the next thing that you remember happened?
A: After we went to bed?
Q: yes
A: Woke up the next morning
Q: did you get up in the middle of the night after you and your wife went to sleep?
A: Oh oh, yes, yes, I'm sorry. Yeah I noticed the light on. I think I woke up because I had to pee and I noticed the light on, on the alarm system
Q: Had you been asleep?
A: Yes
Q: Do you think you heard the chirp that caused you to wake up?
A: No.
OBJECTION/SUSTAINED The answer is stricken
Q: Had you heard the chirp before you woke up?
A: no
Q: When you woke up to use the restroom, when did you notice the light on?
A: As soon as I got up
Q: What'd you do?
A: It was dark in the room so it was kind of obvious when it's so dark in the room
FELDMAN: (garbled) Can the mike be moved or something?
JUDGE: I don't think we can move the mike anymore. Sir, you have sort of a soft voice, so if you could speak up and enunciate a little bit it'd really help. So let's go back and ask him the question again or if you want it read back that'll be fine, about what happened when it woke up in the middle of the night to use the bathroom and all that
PROSECUTOR: Yeah that question.
A: I woke up and noticed that one of the red lights was on. I'm not sure which one but I saw it on in the room
Q: so what'd you do?
A: Went downstairs to check if the door was open
Q: What'd you find?
A: The rear sliding glass door was open a crack
Q: Is this the door that you'd taken the dog in and out of to use the backyard?
A: Yes
Q: When you say it was open a crack describe for us how wide a crack is
A: Around 8 inches. Not quite wide enough for the dog to get through. Maybe 10inches
Q: What'd you do?
A: Closed the door. Locked it.
Q: the last time you'd been to that door, do you know if you closed it?
A: The last time I'd been to the door yes I'm sure I closed it
Q: Did you lock it?
A: I think I locked it but I'm not positive
Q: Since that day, have you tried to get in through that door from the outside.
A: Yes I have
Q: Were you able to
A: Yes
Q: What'd you have to do
A: Actually I can add to that that I was able to.. we first started discussing the alarm system and how well it works
OBJECTION. no question pending
JUDGE: Counsel you're absolutely right but he's doing his best to answer the question. So I'm going to have the question read back and he'll answer the question. OK? Wanna read back the question please?
A: That's all right I know the question. And I to get in the door
Q: Hold on. I have a feeling once I ask the gentleman to read the question that his hands are off the machine ok so he's in trouble. Now I want the question read back.
QUESTION IS READ BACK TO WITNESS
A: I got a screwdriver from the garage, walked out the door, had my wife lock it and in 10 - 20 seconds by prying the door up and down I unlocked the door and opened it from the outside
Q: Did you make any other inquiry as to the efficiency of the alarm system
A: Yes I did
Q: What'd you do
A: I got a child's plain magnet, a real small magnet, and opened the door and put the magnet over the sensor on the door. And the alarm never beeped and the red light never went on. And the magnet hung there by itself with the door remaining open. I did this for all doors in the house with the same result.
Q: After you closed that rear sliding door what did you do?
A: We're back to that night?
Q: yeah
A: I closed that door, I went out in the garage, and I visually looked at the side door to the garage and saw that it was in lock position. Went back in the house and went up to bed
Q: check on your kids?
A: I didn't check on the kids
Q: Why Mr. Van Dam?
A: I didn't believe I had any reason to. I assumed in that state, my state of drowsiness, that one of the other people in the house had left that door open because it's right next to the table we were all sitting at
Q: Even though you'd already been to that door a couple times?
A: But they were sitting there after I'd let the dog out the last time
Q: Did you then go back to bed?
A: Yes
Q: When did you get up?
A: About 8 in the morning.
Q: were you the first one up between you and your wife?
A: Between me and my wife yes
Q: where'd you go
A: I went downstairs. My son was already up
Q: Which son
A: Derrick
Q: what'd you do?
A: I talked to him for a minute and asked him what he needed for, what he wanted for breakfast and started making him breakfast. Pop tarts
Q: Then what happened
A: My other son. Actually I'm not positive if Dylan was down there too I think Dylan got up a little, a few minutes later and joined us downstairs and I made him pop tarts also and myself a waffle.
Q: and your wife was where?
A: Upstairs
Q: After you had a little breakfast with the boys what happened?
A: Brenda came downstairs and I think she did the dishes. She started doing some dishes while I took some garbage out.
Q: Where's the garbage?
A: The garbage cans are on the side of the house outside the garage side door
Q: then what
A: We went back upstairs for a little while
Q: after that what happened
A: came back downstairs and she started to make breakfast for the other kids. The neighbor's kids came over.
Q: Was something supposed to happen with the neighbor's kids?
A: Yeah that we were watching the neighbor's children
Q: About what time was it that the neighbor kids come over? If you can estimate
A: 9. Around 9
Q: When they got there what happened
A: They played some with the boys. Danielle's friend asked about Danielle so Brenda told her she could go wake Danielle up
Q: that where you thought she was? Where'd you think Danielle was?
A: In Bed
Q: is that unusual for her to sleep that late?
A: No not all
Q: why not
A: She was always the last one up
Q: then what happened
A: Brenda went up to wake Danielle up and found she wasn't there. Called down to me. Asked me where Danielle was. And I said in the bed. And we started to search for her.
Q: where'd you go Mr. Van Dam?
A: Searching for her in all the bedrooms, under the beds, bathrooms, under the stairs, in the office, the garage, went out to the side of the house, and I noticed that the side gate was also open
Q: What do you mean side gate?
A: The gate that goes to the backyard on the side of the house
Q: Is that near another door or entry way into the house?
A: That's near the side garage door
Q: How far away?
A: About 5 feet, 4 feet
Q: Describe for us how easy or difficult that gate is to open
A: Too difficult for a child to open
Q: why do you say that
A: It's tight, the wood is tight on itself, and it swells, so you have to push the latch open, and pull the gate open from the top of the gate. A child is too small to reach up there and pull it open with the force needed.
Q: How high is this latch on the gate?
A: About 4 foot. Maybe a little higher. 4 foot maybe a little higher
Q: And that gate was open when you saw it?
A: It was slightly ajar. About a foot open
Q: Did you notice that when you took the trash out?
A: No but I wasn't paying attention then
Q: what was your emotional state at that point?
A: I was crazy. I don't know. I was not in good shape.
Q: had Danielle ever run away from home?
A: No
Q: had she ever left unexplainably before?
A: no
Q: Did you search anywhere else?
A: After that, we, I went to a couple neighbor's houses and knocked. Was that before or after I drove...I drove around the block. And then went to neighbor's houses. I don't remember the order. I was frantic. But I remember I got in the car and drove around the block to look for her. I ran up and down the street first. It was.....
Q: were the police notified?
A: Yeah
Q: when and how?
A: When I, after I noticed the gate open, I went back in and Brenda was on the stairs and asked if she should call 911 and I said yes
Q: how quickly did the police get there
A: It seemed fast but I couldn't, I can't tell time with the state I was in
Q: what were you doing while you were waiting for the police to show up
A: I drove the van around the block and they were there by the time I got back I think
Q: then what happened
A: They asked us about the night.... Police came....it's all a haze I was....I was not in a good mental state
Q: did you spend that night at home
A: No we spent it across the street at the neighbor's house
Q: Why
A: The police were, ...the police wanted the house to search
Q: do you know what they were doing inside your house?
A: No
Q: from the time that you noticed Danielle missing, did you vacuum or clean the house?
A: No
Q: did you destroy, hide, conceal, any sort of evidence, or what you perceive to be evidence in this case?
A: no
Q: once the police criminal people showed up were you allowed into the house before they finished their work?
A: Before they finished?
Q: before they finished processing your house
A: Completely?
Q: Yes
A: Yes we were allowed back in
Q: when
A: The whole time is so bad I couldn't even say if it was the 2d day or third day, I don't know. But I know when we were allowed back in people... by the time I got in the house there was at least a half a dozen people cleaning it from finger print dust
Q: Do you know where they were cleaning?
A: On the stairs is what I saw. I only went into the entry way
Q: What'd you do?
A: My main concern was that no one cleaned Danielle's room
Q: Why?
A: Because I worried......Because (Damon breaks down at this point)
Q: Want to take a break?
A: I knew something bad had happened. And I wanted to make sure that if there was any evidence that it was still there
Q: What'd you do to protect that room
A: Closed the door and we put one of the dog gates up with a sign that said Do Not Enter
Q: Did you let any of your friends into that room?
A: No. We let a couple of people look into it but we wouldn't let anybody walk in
Q: Is that sign still up?
A: no but you guys have convinced me you got enough we haven't cleaned it yet though
Q: You haven't cleaned it yet?
A: No
Q: Thank you sir.
End questions by Prosecution
5:30 p.m.: Brenda, Danielle and Danielle's two brothers arrive at their Sabre Springs home after running errands. Brenda orders a pizza from Domino's, then leaves to pick it up. 
