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.

[bvw]

Tyson wins in the ring of wacko-ology. KO in seconds.

[FresnoDA]

So...was this the whole story, or as The Demon stated, "the short story" of the evening???  HHHMMM????

RICK ROBERTS’ SOURCE, HIGH-PLACED LAW ENFORCEMENT OFFICIAL’ TOLD RICK

The comments of Rick Roberts source (a high placed law enforcement official) are in bold type. Additional information from other sources (press, etc.) are in italics.

• Rick Roberts’ high-placed law enforcement official said that the van Dams were involved in "swinging, lots of wife swapping."
• Rick Roberts’ high-placed law enforcement official said that before Danielle’s disappearance, the van Dam’s neighbor, David Westerfield "found out about the family’s (van Dam’s) swinging lifestyle and approached them to host an adult party at his house." "Westerfield told Brenda, I like to hold Adult Parties....you bring the salad, I provide the meat!"

David Westerfield has been quoted in the press as saying that he was a friend of the van Dams.

The van Dams have denied this, stating that their only contact with him was when Brenda and Danielle came to his home to sell girl scout cookies, and when they exchanged greeting as they passed by.

• Rick Roberts’ high-placed law enforcement official said that on the night of Danielle’s disappearance, "Brenda van Dam was at a local Poway bar where she was grinding away "confirmed" on the dance floor and possibly ‘did’ a guy in the parking lot." "Could have been more than 2, since Brenda, Barb, Denise, Keith and Rich "spent some time in the parking lot" partying....

The bar has been identified in the press as "Dad’s Café and Steak House."

David Westerfield openly admitted that he was at the bar that night. He claims that he danced with Brenda van Dam. Brenda denies this.

• Rick Roberts’ high-placed law enforcement official said, "Brenda left the bar with 2 girlfriends and 2 guys and went back to the van Dam’s house." "From Brenda's own lips, she left with Barb, Denise, Rich(the dealer) and Keith"
• Rick Roberts’ high-placed law enforcement official said, "One timeline given in police records shows Brenda coming home from the bar to find the light [on the alarm] flashing and a door open. [She closed the door]." "Brenda admitted in her testimony at the Pre-Lim, when I walked into the house, through the front door, I saw the alarm light flashing!"
• Rick Roberts’ high-placed law enforcement official said that Brenda "‘gave’ one of the girlfriends to her husband Damon ‘as a present,’ and made sure to shut the doors on all the bedrooms so the kids wouldn’t be awakened by loud lovemaking. She did not look to see if the kids were in their rooms." "Brenda AND Barb both went upstairs...as Brenda stated in her testimony, but Barb stayed upstairs, and Brenda went back downstairs...Brenda came up later by her accounts, because the others, Rich and Keith were teasing about how long Barb had been upstairs!"
• Rick Roberts’ high-placed law enforcement official said, "the adults locked themselves in the van Dam’s garage – they have special inside locks so the kids can’t come in – and started smoking marijuana and ‘fooling around.’ The adults in the garage were Brenda, Damon, 2 girlfriends, and 2 guys from the bar." "Brenda forgot to mention this part on the stand, but as presented, this means that Damon, Brenda, Barb, Denise, Keith and Rich went into the Van Dam LOVE SHACK in the garage....
• Rick Roberts’ high-placed law enforcement official said, "after everyone had sex, Damon noticed the [alarm] light blinking and a door open. They were busy with their adult party, so they never checked on the kids." "Now, if after everyone, Brenda, Damon, Barb, Denise, Rich and Keith had "swung", and if then Damon noticed the light....then that would mean a light had been tripped, after Brenda arrived, (where she noticed the first light) and now there had been another entry/exit to the home.

  ---

JUST HOW LONG WERE THEY VD's and their pals in the Garage???  And when did they actually "go to sleep"......we will not know, until Barb, Denise, Rich and Keith are forced to testify...

[John Jamieson]

Did you watch today? I think the judge understands that their life style leads to lots of "reasonable doubt" questions; he was pretty open to the questioning and Mr Van Dam handled it very poorly with his indignation and no regrets. If Mrs. Van Dam does the same thing in the next few days (It's hard to use the terms Mr. and Mrs. in this case) the jury is going to start asking lots of soul searching questions of themselves.

If a couple is this amoral, could they also be into incest and sexual child abuse? What about their drug dealing friends? any perverts there? How hard would it be to plant evidence in the RV? Are the other children in danger?

[Shermy]

I agree. The parents are irrelevant and whether they were intoxicated or whatever is not the cause of the crime.

Bad things happen in the most alert of situations. Here's a story from nearby LA. A boy drowns in a pool at a birthday party with 15 children around plus 10 adults watching them.

Boy's death ruled accidental drowning

[FresnoDA]

Unless I've missed some odd quirk of the California Penal Code, Section 187, you're not allowed to murder someone's daughter, even if the parents are swingers.

Touché' Pooh...

And likewise, when one is a direct witness to a crime scene, it behooves one not to lie, six times in a row, about the most basic of details, less one place them self in the crosshairs of the investigation.

You know...that nasty old, the appearance of impropriety.....

But I suppose the SDPD have a sixth sense about such things....

JUST WHEN DID THE SWING SET LEAVE THAT NIGHT?  IF DAMON LIED ABOUT SO MUCH OTHER STUFF....AND SINCE BRENDA WAS WASTED.......

HHHMMMM!!!!

[Shermy]

I predict mental breakdown by the end of round three.

[spectre]

Did you catch the Demon's testimony about Danielle's night light going out "that night"? We learned he kept her blinds open, so the light from the street could give her some light in her room.

Now, why is this important? BECAUSE, her blinds were open that morning when the LE got there, and the boys blinds were closed.

What did we learn from this? We can assume that Damon made the story up, because he never put the child to bed or he would have closed the blinds.

Her nightlight burning out that evening was a good coverup...brillant!

sw

[FresnoDA]

Tyson wins in the ring of wacko-ology. KO in seconds.

GONE IN SIXTY SECONDS!!!

And the Van Dam's win in the ring of swing-ology.  SIX ORGASMS IN SIXTY SECOND.....Damon, Brenda, Rich, Barb, Keith, Denise....

[Poohbah]

Even a murder hasn't been proven -- and beyond a reasonable doubt, probably can not be proven.

Interesting. If this is the case, then Westerfield's attorney is an idiot. But, of course, you are the Great Karnak, who knows all and sees all, and your amazing psychic powers tell you that it wasn't a murder.

I'll take the forensics work from the local coroner--unlike you, he actually knows what he's talking about.

[BunnySlippers]

Nothing else at all so far...

Okay, Danielle's blood in the motorhome and her hair in his clothes dryer. Fiber from her bedroom carpet in the motorhome.

[FresnoDA]

Easy for you to see spec...but remember, most of the jurors are either on Prozac, or are senile.....LOL

[bvw]

Fiber from a bedroom carpet like the van Dams.
The blood and hair -- by the GS cookie visit, or other days when Danielle may have entered the motorhome, possibly cut herslf. Murder has to be proved -- not just likely.

[spectre]

WRONG! Those were in the opening statements. No proof or cross-examination in the actual trial..yet. No evidence that even puts DW in that house or in direct contact with Danielle...yet.

We are discussing what was said in the trial TODAY.

sw

[BunnySlippers]

Unless I've missed some odd quirk of the California Penal Code, Section 187, you're not allowed to murder someone's daughter, even if the parents are swingers.

Thank you! Even if the parents were trying to sell Danielle on the main street in San Diego does not allow someone to murder her.

[Poohbah]

And likewise, when one is a direct witness to a crime scene, it behooves one not to lie, six times in a row, about the most basic of details, less one place them self in the crosshairs of the investigation.

Except, of course, if physical evidence establishes otherwise.

You know...that nasty old, the appearance of impropriety.....

Believe it or not, it's not that uncommon for those involved in these sorts of improprieties to lie about it. The art of criminal investigation includes knowing WHY someone would lie about something, and what it means.

But I suppose the SDPD have a sixth sense about such things....

Well, let's see, I can either take the word of the SDPD (and I know some folks in the police out here), or I can take the word of a guy on the Internet who's up in Fresno as to who probably did it. Hmm...gosh, this is SUCH a toughie...

FWIW, the detectives involved in this case have good reps with their brother cops, and they're getting livid about the innuendoes being offered about them.

JUST WHEN DID THE SWING SET LEAVE THAT NIGHT? IF DAMON LIED ABOUT SO MUCH OTHER STUFF....AND SINCE BRENDA WAS WASTED.......

I see you're just HOPING that the Van Dams are very directly involved in the murder. This case must give you a great deal of prurient entertainment and make your naughty parts tingle.

[bvw]

Look ... it is that I suspect DW. I also suspect the vDs, their "friends", and even a random killer. I *suspect* Danielle was killed. But from the case as made so far, nothing rises above suspicion, and you don't convict on suspicion.

[spectre]

Not really. Feldman should sum it all up in closing arguments. Boys had nightlights...Danielle's just happened to burn out that night? Blinds open...whoops!

There are no coincidences.

sw

[John Jamieson]

Could be: Danielle played in the motorhome, or it was planted to protect the parents. Dryer got hair when items from motorhome was washed. Reasonable doubt?

During those 4 weeks, were the police trailing Westerfield or the Van Dams? I think this is going to be a major point. The body was not under that tree for 4 weeks!

[Poohbah]

The blood and hair -- by the GS cookie visit, or other days when Danielle may have entered the motorhome, possibly cut herslf. Murder has to be proved -- not just likely.

And I'm betting that it will be proven, and that Westerfield will be proven to be the murderer.

[rolling_stone]

Excellent point about the blinds....nightlights don't burn out often either...