Westerfield On Trial (WEEK 1 Recap): Brenda Van Dam, Dad's Bar

KGTV 10 News-San Diego ^ | June 7, 2002 | KGTV

[FresnoDA]

Westerfield On Trial....WEEK 1 Recap....

 

Day 3: Brenda Van Dam, Dad's Bar

Mother Of Murdered Girl Breaks Down On Stand

Posted: 7:16 p.m. PDT June 6, 2002
Updated: 7:42 p.m. PDT June 6, 2002

SAN DIEGO -- No concerted effort was made between Brenda and Damon van Dam to withhold "lifestyle" information from police officers investigating the disappearance of their daughter, the mother testified Thursday.

Brenda van Dam was on the witness stand most of the third day of David Westerfield's kidnap and murder trial.

Westerfield, 50, is accused of abducting and killing 7-year-old Danielle van Dam and could face the death penalty if convicted. The child's mother reported her missing the morning of Feb. 2.

Brenda van Dam told prosecutor Jeff Dusek she disclosed to officers everything about her "open marriage" once they made it clear that it was important.

The mother said she didn't discuss her decision not to disclose information with her husband.

"I would have told (the police) anything they needed to get Danielle back," the mother said.

	Summary Of Day 3 Attorney Milt Silverman's Analysis Of Day 3

Brenda van Dam said nothing else was taken the night Danielle was abducted.

"I wish they'd taken everything else but her," the mother said tearfully.

Earlier in the day, Brenda van Dam testified there were never any sex parties at her Sabre Springs home.

She later said that during a Halloween party last October, she and her husband had sex with a friend and her husband in the van Dam home.

Westerfield, a self-employed engineer, is accused of kidnapping the second- grader, killing her and dumping the body near rural Dehesa Road, where it was found more than three weeks after she disappeared.

Brenda van Dam broke down a minute into her testimony, when asked to name her children and give their ages, then later while testifying about a father-daughter dance Danielle was scheduled to attend with her father a week after she vanished.

Dusek asked the mother about the first of two "girls nights out" at Dad's Cafe in Poway with two girlfriends. Dusek asked if any men were invited to the Jan. 25 get-together at Dad's Cafe. Van dam said no.

"Was there a sex party at your house when you got home?" Dusek asked, hoping to pre-empt an anticipated defense attack on the mother during cross-examination.

"There's never been a sex party at my house," she responded matter-of-factly.

She also described previous contacts with the defendant -- she had said he bought her a drink at Dad's -- including a visit to his house with Danielle and her younger brother to sell Girl Scout cookies.

While the children were playing in his back yard, she said the twice-divorced Westerfield told her he was interested in her friend, Barbara Easton, who had caught his eye at Dad's.

On the second outing to Dad's, Easton walked right up to Westerfield and began talking to him, van Dam told the court.

Brenda denied dancing with the defendant on either occasion.

Earlier in the day, Medical Examiner Brian Blackbourne was asked about the cause and time of Danielle's death.

The girl's body was so decomposed when found by a volunteer searcher that it was impossible to establish a cause of death, Blackbourne had said Wednesday.

Thursday, he estimated her time of death at anywhere from 10 days to six weeks before the body was found Feb. 27.

Blackbourne also said it was possible that air temperature could be a variable in judging when she died. That led defense attorney Steven Feldman to suggest that especially hot days in late February could have accelerated the decomposition process.

In his opening statement Tuesday, Feldman told the jury that Westerfield could not possibly have dumped Danielle's body after Feb. 6, because he was under constant scrutiny by the police and the media.

"Is it your professional opinion (Danielle) could have been alive Feb. 6?" Feldman asked.

"Based on my observations? Yes," Blackbourne said.

"Feb. 7?"

"Yes."

"Feb. 17?" Feldman pressed.

"Possibly, yes," Blackbourne answered.

"Depending on the weather conditions, Feb. 22nd?" Feldman asked.

"That's pushing it for what I can accept," Blackbourne said.

He also testified he checked Danielle's body for signs of sexual assault but found none, primarily because of tissue damage from decomposition and animal activity.

Wednesday, the child's father admitted he lied to police about use of marijuana in the garage of his house the night of Feb. 1 -- hours before his daughter turned up missing.

He also told the court that on prior occasions he engaged in sex with both of Brenda's female friends.

A bartender at Dad's Cafe in Poway characterized Westerfield as a "people watcher," but termed a police report on the behavior of Brenda van Dam and two friends inaccurate.

Sean Brown said he was at work as a bar manager on the two nights that have come up in testimony in the case: Jan. 25 and Feb. 1.

It was Feb. 2 that the Sabre Springs 7-year-old was discovered missing.

Westerfield would talk to a regular customer, "hang out" and watch people as they drank and danced, Brown said. The bartender said he never saw the defendant dance or play pool.

Brown said Westerfield would drink 16-ounce rum-and-cokes.

"I believe David had a few drinks," Brown said of Feb. 1. "He was feeling good. He'd taken the edge off. I don't believe he was drunk."

He said the same about Brenda van Dam.

"I don't think she was drunk," Brown testified. "She was in good spirits but was in control of herself. She wasn't slurring."

Under cross-examination by co-defense counsel Robert Boyce, Brown said a police report containing his statements on the behavior of Brenda and her two friends was inaccurate.

Brown testified he warned prosecutor Jeff Dusek about the discrepancy during the lunch hour -- hours before he testified.

The statement from police indicated the women were "flirtatious toward males" and "partying hard."

Brown testified that the women were having fun as girlfriends do. He said he never saw them act inappropriately.

Brown was dismissed as a witness as the court day ended.

[It's me]

Excellent points!!!

[BARLF]

Okkkkkkkkkkk. Thanks for clearing that one up. I was wrong Jaded. As usual.....;))

[nycgal]

I was referring to the actual trial transcript for the day when the two searchers testified(6/4 or 6/5). What I was looking for is most likely irrelevant to the current discussion. I thought I had heard one of them say that he saw Danielle's blue eyes, which I found odd. Of course, I may be misremembering (if that's a word).

[MizSterious]

The official trial transcripts are not yet posted anywhere. All we have so far are the "running" transcripts in the link I posted above. Those give you a good idea what was said, but not exactly what was said--I prefer the official ones when we can get them for that reason. However, the official transcripts from the PH weren't made available until some weeks after it was over, and then (just three days testimony, too) they were I think close to $400; some of us chipped in to help DW's BIL get them posted. I don't know if he will do that with the trial--it's got to be a huge expense. The SD U-T might do it though--no telling.

[nycgal]

I tend to agree with your hypothesis. Was DW's MH door usually open during the day and night? If so, and the VDs were aware of it because the neighborhood kids always played there, then the planting of evidence would be a breeze. What does bother me is why did DW do all that drycleaning and laundry after 2/1? Of course, this hasn't been proved yet.

[spectre]

Welcome to the forum! The questions you have asked have been addressed.

That one Pizza to feed a family of 5 and the invite home for "left-overs" gets unbelieveable. How big can a Pizza BE anyway?

Don't think DW's Motor Home was parked at his home that evening. Someone would have had to know where it was stored, and get past security camera's (if there were camers) to plant the evidence THAT night..

It's more logical to say that Danielle and friends were playing in the MH, many times, and left trace evidence there.

But keep those questions coming.

I really believe BVD and Damon set up a string of alibi's from day one, and that DW's going camping was a big payoff for them...Jackpot!

sw

[cyncooper]

Brenda's 'hi,Dave' at the PH and hate stares at the trial suggest there's more there than they've admitted

The "hi, Dave" didn't happen. My opinion is the van Dams (both) were hostile to DW at the PH and I have not noticed a marked change. Brenda may have been medicated at PH period and may have been more subdued at that time. (One example is when Feldman began his questioning of Damon at the PH he gave a standard greeting such as "good morning" and Damon did not respond at all----just looked at him in a (imo) hostile manner.

[Jaded]

He left about 7:30 to drop off the SUV and pick up the MH take it home an load it with foodstuffs and water. He went to Silver Springs and then left went back to the SUV to look for his wallet and then went back to Sabre Springs that was 3:30-4:00 in the afternoon. He check his house and pool for Danielle and left business cards with his neighbor Mark.

Note to Self: ALWAYS roll up hose, not doing so will cause suspicion in felony cases.

[cyncooper]

Hello, I just was wondering if it was established that Brenda picked up only one pizza? I use the term "pick up pizza" (singular) when I am picking up more than one. We are a family of three and one large is not enough-----I like cold pizza for breakfast! I don't think it is relevant, but I've seen you mention the "one pizza" thing before and I find it unlikely it was just one based on the phrasing of "pick up pizza".

[pinz-n-needlez]

Thanks, spectre.

I haven't been able to get a good handle on the whereabouts of the MH during this time. Does anyone have any sort of a timeline of where it was from about January 25 until DW was arrested? Were the trips on Saturday morning in the SUV or MH?

Would such a timeline support the point that Feldman seems to be going toward in establishing the time of death/placement of the body during the time that DW was in custody?

I was surprised at the venom during BVD's testimony about DW moving his MH around to avoid violating the letter of the HOA's covenant rules. Sounds like a bit of a neighborhood war was going on over that. That's what got me to thinking that perhaps she 'put things' in the MH when/if she was trying to figure out how to clean up the mess that I think Damon made for her on Friday night.

The more info we get, the less clear things seem and the more questionable the VD's behavior is. Poor Danielle.

[Jaded]

IMO, the blood, hair and prints were separate from her abduction. She's been in there before... Remember some of the theories:

She was killed in her bed... if that's true there should have been blood in her room, possibly on her pillow. Also while there may be blood in the RV because of that there wouldn't be fingerprints.

She was killed in the RV- It seems unlikely that if she was raped and tortured (remember the bondage anime) that she would be set free to roam the RV and leave prints and bleed the largest spot IN FRONT of the bathroom.

How the heck did he get her to the RV? There was no evidence of her in the SUV? Did he fly? Twitch his nose? Besides SDPD gave the SUV back to him. I find it highly unlikely that if there was evidence in there of a felony involving a minor child that SDPD would be inclined to give it back no matter who asked.

It was entered in to testimony how David side-stepped the CCR's by moving the RV from one side of the house to the other every three days. It was there long enough to make enemies. The most I think could have happened with planting would be Damon and the orange fibers and maybe something from the dog bed in the laundry room. Just toss it inside.... couple of seconds. Just a thought.

[pinz-n-needlez]

You answered my question about the SUV/MH before I got it asked, thank you. :-)

[Jaded]

It it's the Sabre Springs Swinger's Fish and Loaves Pizza.

[spectre]

Well, cyn, my hubbie and I can put away two Pizza's, and I also like COLD left-over Pizza...

Haven't you seen Fresno's mock-up of the 5 Foot Pizza for the Pizza party...it's killing!

Brenda testified she picked up a pizza. She talked of heating up "left-overs"..and to my recollection didn't say she invited them over to "share the OTHER one". Or, ever say they had two Pizza's.

I'm sure if you looked really hard, you could find where it was only ONE. Heck, we don't even know how large it was. But she never said a "couple" of Pizza's....unless I'm wrong, which wouldn't be the first time...LOL.

BTW, I don't know what the "point" is about the Pizza, since everything "questionable" that has been said by the van Dams seems to have an obvious answer. Maybe the "point" is I think they lied about the Pizza? Why would someone Lie about the Pizza? I guess eating "Pizza" is sort of a "comfort" type situational food...looks harmless enough.

"They were nervous...or confused...or just didn't mean what they said" is always a good comeback for their actions.

sw

[spectre]

Good one, Jaded...fishes and loaves...garfaw!

PNN, we can't recap everything, but Jaded answered your question pretty well.

We are still very early on in the trial, and don't honestly know what happened between 8pm and 2pm at the van Dam house when Damon was supposed to be home baby-sitting. He is his own alibi and witness, SO FAR.

There have been rumors he left the house, and it could have been possible for him to plant evidence or take Danielle elsewhere during that time. It's a blank...for now.

sw

[John Jamieson]

People choose names, they don't choose birthdays. Any off those people murdered or facing the death sentence?

All I'm saying is that the police need to compare the DNA they already have, not a hard think to do. I recently watched a case on TV were DNA exposed similar family connections.

[Canticle_of_Deborah]

Everything I've seen so far continues to lead me to this. Danielle was a sexually abused little girl, probably by Damon, and probably pimped out to others by Damon. There is just too much evidence coming out now. I hope they bring in some forensic psychologists to study her situation before she went missing.

[demsux]

Interesting..."pizza" (plural) and "joint" (singular).

IMO, one joint for seven people over the course of the evening (two alleged smoking incidents) seems pretty light.

Also, partying until 3:00 am seems more indicative of additional drug use (ie., cocaine).

Finally, if my wife was coming home from "girls night out" at 2:30 am and I was in bed, I would have absolutely no interest in getting up JUST to say hi to my beer buddies (and I really like THOSE guys).

Seems to me that Damon had some motivation to come down and "SEE" (and be seen) other than to say "hi".

[cyncooper]

Some of us can stay all the way up to 2 or 3 in the morning without the use of cocaine. And since I have seen zero evidence that they used it, I'll go with the evidence so far. About the joint, no I don't find it odd for several people to take a couple hits off of one joint and have it last. I am not defending so much as saying too much "this can't be!" commentary goes on. There is enough bad behavior engaged in here without the embellishments that go on. (I think Brenda said "pick up pizza" and not "pick up A pizza")

[BARLF]

Thanks Jaded for clearing that up for me about the MH. I had forgotten the first trip back home in it and that un-neat pesky water hose that was such a guilty appearing thing for Mr. Clean to do.

We had drop-in company my excuse for being so slow to respond. Thanks to all here for keeping me on your ping list. Appreciated.....