Damon Van Dam Takes Witness Stand: Day 2 of Westerfield Trial

KGTV 10 News-San Diego ^ | June 5, 2002 | KGTV

[FresnoDA]

Damon Van Dam Takes Witness Stand

Day 2 Of Westerfield Trial

Posted: 9:05 a.m. PDT June 5, 2002
Updated: 2:52 p.m. PDT June 5, 2002

SAN DIEGO -- The tearful father of murder victim Danielle van Dam admitted under oath Wednesday that he initially lied to police about a few events at his home that led up to her disappearance.

Damon van Dam, 36, said police asked him what had happened in the garage of his home that night when two friends of his wife, Brenda, arrived before a "girls night out" at Dad's Cafe in Poway.

The father testified that he initially didn't tell authorities that he had taken "a puff or two" from a marijuana cigarette the women were smoking.

"I didn't think it mattered and I didn't want to get in trouble for that," van Dam told prosecutor Jeff Dusek.

But van Dam said that after the officers told him they were only interested in finding his daughter, he began to be truthful with them.

He said he also did not tell police about one of his wife's girlfriends, Barbara Easton, coming into his bedroom that night after returning from the outing.

"When they told me it was absolutely critical to know what happened that night, I told them everything that happened that night," van Dam said.

He said Barbara was on the bed with him, above the covers, for about five minutes as Brenda first went to the bathroom, then downstairs.

"I kissed (Barbara), snuggled her some," van Dam said. "I think I put my arm around her and rubbed her back."

In his opening statement Tuesday, defense attorney Steven Feldman said that initial lies from the van Dams threw the police investigation off track.

Much of the morning testimony in the David Westerfield trial Wednesday was designed to orient jurors to the layout of the van Dam house, by using a floor plan and photographs.

Van Dam described the upstairs hallway that led to bedrooms, and also told the jury of six men and six women what was in Danielle's room. One of the issues in the case is whether artwork posted on the doors of the bedrooms would help someone know which room would be hers.

He added that each of the children's rooms had night lights, but Danielle's was burned out, so he opened the drapes to allow light from the street into the room.

Shown a photograph of his daughter's door, van Dam began to cry as he described why a dog gate had been placed there.

"I asked that the room not be cleaned," he finally explained.

Earlier today, Dr. Norman "Skip" Sperber, a forensic dentist, testified that four of Danielle's teeth were missing when he examined her mouth.

One eventually was found "way in the back of the mouth, where the gum meets the cheek," he said.

Under questioning by Deputy District Attorney Jeff Dusek, Sperber said it is not unusual for teeth to fall out during decomposition.

The child's body was found near some dumped trash and under a tree off a road in Dehesa in East County.

However, no teeth were found at the scene, Sperber said. He explained that animals, who sometimes carry away human remains, normally do not bother with teeth.

In opening statements, the prosecution said the loss of teeth showed that Danielle could have been suffocated.

[UCANSEE2]

Not to be disrespectful, but have you ever been in that situation?

"I refuse to answer any further questions"

"OK, we'll just take you downtown, place you under arrest, and you can call your frickin attorney"

Another version,"What do you need an attorney for, you haven't done anything wrong, have you?"

Remember, they had not arrested him at this point, so how can he claim his right to an attorney before further questioning?

[UCANSEE2]

It has not been admitted into evidence that he did this, if he did. So far it is only rumor, am I correct ?

[spectre]

Anyone who watches NYPD Blue, knows how the LE can drill someone without an attorney present...grins.

sw

[bvw]

I included that in his weird behaviour score. The scores are subjective, just an attempt to show how "reasonable doubt" can, in fairness, be reasonable to those such as yourself that doubt that there is still "reasonable" doubt.

[spectre]

WHEN did DW say he knew where to find the body? Naahhhh, I never heard this either.

sw

[spectre]

"DW's statement concerning where to find the body"..

Source, please.

sw

[Poohbah]

Not to be disrespectful, but have you ever been in that situation?

Yes, I have. I was accused of armed robbery. I said absolutely nothing to the police, and the owner of the store in question said that I wasn't the guy. (I was reasonably close to the description and was six bloxks from the store.)

"I refuse to answer any further questions"

"OK, we'll just take you downtown, place you under arrest, and you can call your frickin attorney"

No skin off my back--and I'd look into a false arrest civil suit.

Another version,"What do you need an attorney for, you haven't done anything wrong, have you?"

And I would reply "My policy is to never talk to law enforcement officers without my attorney present. If you have some sort of problem with that, I can recommend a good psychotherapist to help you get over your Constitutiophobia."

Remember, they had not arrested him at this point, so how can he claim his right to an attorney before further questioning?

You are entitled to have an attorney present at any and all questioning. You are also not legally obligated to answer questions, regardless of your arrest status.

[UCANSEE2]

The scores are subjective, just an attempt to show how "reasonable doubt" can, in fairness, be reasonable to those such as yourself that doubt that there is still "reasonable" doubt.

Wow, I could spend an hour parsing that sentence.

[Poohbah]

It has not been admitted into evidence that he did this, if he did. So far it is only rumor, am I correct ?

Rumor on the same level as the swining rumors early on--and probably from the same source.

[UCANSEE2]

I said absolutely nothing to the police, and the owner of the store in question said that I wasn't the guy. (I was reasonably close to the description and was six bloxks from the store.)

Thanks for your informative response. I would say that you have not been in the situation that Westerfield was. You state that the store owner provided your alibi. You didn't state the time period this involved, or whether you were arrested, taken to jail, or just taken to the store for a quick id from the owner. Assuming the last is what you meant, You didn't have to go through 9-18 hours of grilling from detectives, because you had no 'convenient' alibi.

What I am saying is that your statement that he could just tell them "NO" is something that may have worked out in your case (what if the store owner had not given you the pass?) but doesn't usually work in the real world.

Usually, only if you are guilty or know you can't prove you are not, do you insist on an attorney, and from experience the detectives are accutely aware of this.

[bvw]

Yeah, probably means I should get back to some real work this am.

[Poohbah]

Rumor on the Rick Roberts show before Danielle's body was found--probably from the same source that let us know the naughty parts.

Early on, there was a lot urgency in the search. That tapered off--until just after the kiddie porn was removed from DW's house, and then it was absolutely imperative that Danielle's body be found. A couple days later, this report surfaced, which explained the urgency.

[UCANSEE2]

SW, there was a RUMOR that during the hours of grilling by detectives, that DW said he could provide them with the possible location of the body,(and here there are 2 endings to the rumor)
(1)if they would make a deal.
(2)If they would let him contact a lawyer before doing so.

My guess is pure internet hype.

[Poohbah]

What I am saying is that your statement that he could just tell them "NO" is something that may have worked out in your case (what if the store owner had not given you the pass?) but doesn't usually work in the real world.

I was actually in custody. That is an arrest. I was not taken to the lockup. If the store owner hadn't given me the pass, I still would have said nothing until my attorney had shown up and I had had a chance to discuss the situation with him.

Usually, only if you are guilty or know you can't prove you are not, do you insist on an attorney, and from experience the detectives are accutely aware of this.

That's their problem, not mine. Unlike 99% of the folks out there, I think with my brain, not my adrenal glands.

[UCANSEE2]

I would agree with you that the smartest, most intelligent, and safest thing to do is always (1) SAY ABSOLUTELY NOTHING until you have an ATTORNEY present.

The information given in the newspapers was that Westerfield was very co-operative, had nothing to hide, was not acting guilty, and apparently felt no need to have an attorney, especially as he wasn't under arrest.

Maybe he didn't do the smartest thing. Certainly, if he had any involvement in her disappearance and subsequent death, he should have insisted on an attorney from the beginning.

You insist he should have just said "NO". Do you think that would have altered how things have turned out ?

[Poohbah]

Probably not. It might have slowed things down a notch.

When the search effort (which had slowed down when it looked like Danielle wouldn't be found alive) suddenly went into high gear again, we knew something was up...and the Rick Roberts show had the information that DW had hinted at a deal the very next day.

[UCANSEE2]

Rumor on the same level as the swining rumors early on--and probably from the same source.

The swinging has been testified to. Maybe your info will be soon. We will have to see. As far as from the same source, It was the Rick Roberts show and his 'high-placed inside LEO source'. You could end up being correct about this, we will see soon.

[Freedom2specul8]

I know, anyone could be a pedophile, yada yada ... But a 50-something affluent design engineer, pedophile or not, is just not going to do this the way it must have been done if it was him. I don't see Westerfield as anything remotely like that high-risk personality, pedophile or not.

It's been theorized that in his drunken state, he let loose and lost control of himself. That wouldn't be surprising..

[Jaded]

Thank you for you insight. Good luck as well some of those theories are not well accepted. j

[Merovingian]

Court tv now re-showing yesterday's DVD testimony.. Focus on the sex he had IN the BEDROOM with the 2 other females..in presence of Brenda and other female's husband..shades of bob ted mary and alice!!(you know what i mean..didn't really see the movie and names are off)I had missed this, I guess not all of the sex was in the garage!! lol

He denied telling the cops that he suspected Danielle sleepwalking out into backyard...Then said yes he had said it when shown transcripts