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.

[FresnoDA]

MIZ....click on the link in Red...choose your speed.  Likewise, there is something very bizarre about the BVD 911 call.  I can't find her sense of urgency...but then again, I can't find her sense at all....FDA

Van Dams' lifestyle on display
 WITH VIDEO
Danielle van Dam's mother weeps about her daughter's death, glares at the man charged with killing the girl and fields questions about her unconventional sex life during a day of emotional testimony.

	Listen to Brenda van Dam's 911 call. Cable-DSL / 56k RealMedia)-->
	Day 2: Damon van Dam admits hiding sexual liaisons, marijuana use

[Politicalmom]

Have any of you seen the pic of Danielle and Brenda? Looks like Danielle is about two. I had to see the pic three times before I figured out it was Brenda with her. Looks 20 years younger than what is sitting in the courtroom. Must have been a really rough 5 years....

[Tiger28]

But what was more interesting to me--and will likely get me flamed--is that Brenda did not sound distraught to me.

i completely agree with you--in fact i was shocked at how calm she sounded during the call--i know if it were me i wouldnt have been able to even make the call i would have been so hysterical- my husband would have to call- in fact, i find it odd that she called and not him (he was obviously sitting right there as she was talking to him and the operator during the call)

[nycgal]

It would be possible to tell the difference between Danielle's and Brenda's hair. Brenda's is chemically treated...Danielle's wasn't.

[FresnoDA]

Sung to the Surfing Classic...Barb-Ra Ann....

(Opener)

Ba-ba-barb...bar-bar-bra-ann.

Ba-ba-barb...bar-bar-bra-ann.

(Chorus)

Barbra-Ann......

I'll take the stand.....

Barb-Ra-Annnnnnn

You got me thinking bout more swinging...

Telling coppers thingies....

Barb-Ra-Ann Ann Ann. Ann Ann-Ba-Ran

(Verse 1)

Went to the garage...

Backward locks installed...

Smoked Maui-Wowwie

I am glad I'm not your daddy...

Barbara Ann....(Chorus)

(Verse 2)

Went to Dad's Bar...

Rode in Brenda's car....

Girls night out...

You really went all out...

Barbra Ann.....(Chorus)

(Verse 3)

Things getting hot....

Never make pool shots...

Cues all around....

Horny guys abound....

Barbara Ann....(Chorus)

(Verse 4)

In the parking lot...

Keith is looking hot...

Goofy little pill...

Looking like a Dill...

Barbara Ann....(Chorus)

(Verse 5)

Home to Sabre Springs....

Living the swingers dream....

Pizza not real hot....

Cookies hit the spot...

Barbara Ann....(Chorus)

(Verse 6)

Running up the stairs....

Playing truth or dare....

Brenda says we're rude...

Let's GET HER IN THE MOOD!!

Barbara Ann....(Chorus)

(Verse 7)

Back to the garage....

Blinking lights are "Mod"!!!

Friends on the floor....

Lock the bleeping door....

Barbara Ann...(Chorus)

(Verse 8)

Cookies are all gone....

Nothing for the Bong....

Keith and Rich are leaving......

Gee the night was pleasing...

Barbara Ann...(Chorus)

THE END

FresnoDA

[Jaded]

The Westerfield case is a bigger news story, Evans said, "because there are a lot of spaces in between (the case) that aren't adding up."

Whoda thunk it?

[John Jamieson]

I've heard speculation to that "fact" but no testimony. We'll see.

[Southflanknorthpawsis]

Maybe I'm just cynical, but it occurred to me that the prosecution might have suggested she not be so friendly with "Dave" this time--no waves, smiles, etc. Bad for the case, you know. (But she did call him "Dave" a few times in her testimony.)

Yep........they have done their best to make a piece of coal look more like a diamond.

Pssssssst, prosecution.....it didn't work.

The glaring at DW was too deliberate and the look of "what do I do now" when she looked toward the prosecution was not a reassuring sight.

If I were a prosecutor, I think I would have put in for my vacation about the time I figured this case would go to trial.

[Southflanknorthpawsis]

I had some real problems with Brenda on the 911 tape as well. I recalled the time my daughter and I had to call 911 because my 8-month-old granddaughter was having a febrile seizure. We were trying to decide if that was what we should do.

I figured it was a convulsion (old term) because she had a very high fever. However, when foamy material started coming form her mouth, I said we better call.

We both remembered that once the decision was made it was like we were admitting that we were frightened, helpless and that this situation was serious. It's almost as if it was avoided in hopes that it would be okay without it.

In contrast, it appears that the VDs were all too ready to get to that step. Had they exhausted all other typical possibilities? And.......since they had reached that point, does it make sense that it took Damon soooooooo long to grasp the "gravity of the situation"?

2 + 2 = 3..........I don't think so.

[Southflanknorthpawsis]

form=from ;*)

[demsux]

It will be interesting to see if the prosecution can PROVE that DW entered the VD home. To date, there has been NO PHYSICAL EVIDENCE disclosed that he entered the home...if the prosecution had this evidence, I think they would have mentioned it in the opening remarks.

Further, it has been established that the MH was parked one house away from the VD's on a regular basis (DW would move it every now and then so as not to violate the CC&R's of the neighborhood. This FACT apparently really upset Rich Brady as well as the VD's. Why? Because it was an eyesore? Because the neighborhood children played in and around it? Because they did not like DW?

Anyway, until the prosecution puts DW IN THE VD HOME, I think all this whole prosecution is tainted by the lies of the parents.

[Southflanknorthpawsis]

Anyway, until the prosecution puts DW IN THE VD HOME, I think all this whole prosecution is tainted by the lies of the parents

I have to agree. It appears that the People may plant little seeds of "maybe", but proof without reasonable doubt seems a monumental task.

A lot of "reasonable doubt" sat in front of the jury yesterday and the day before.

Since sexual perversion is the angle the People want to use for motive, they look about 180 degrees off.

Let's see.......We have a murder. Our suspects are Jack the Ripper, the Boston Strangler, the Night Stalker, and Joe Six-pack. Hmmmmmmmmm

We have a never-before-in-trouble supposed pedophile versus a group of anything-that-moves-or-not-ophiles and the latter is cleared in 12 hours.

I can't make sense out of that no matter how I twist it.

[Karson]

I noticed that neither of the VDs wore wedding rings this week. I did not notice the absence of rings before. Did they used to wear them and have taken them off or did they never wear rings?

[Southflanknorthpawsis]

I actually heard the absence of wedding rings discussed on local SD news.

One analyst's take was that it would be almost offensive to look at wedding rings while hearing of the escapades of Brenda and Damon.

I think (not sure) that they did wear them before; or at least he did. I seem to remember thinking about it in the PH and what a joke it was. I could be wrong though.

Another guess is that they probably do normally wear them because it adds to the perverted adventure of being married, advertising it and putting oneself on the open meat market at the same time. Just a guess since a lot of these sleazeballs are married.

[MizSterious]

And consider the testimony I posted in #37--it appears the vds had their own collection of porn. The question got an objection and a sustained this time, but I wonder if it will be allowed when the prosecution's porn expert is on the stand? If the vds have kiddie porn too, can we start making assumptions that they're pedophiles, too?

[Southflanknorthpawsis]

Oh yes.....the VD porn. I got the distinct impression that Feldman was just letting everyone know that it will be forthcoming.

I feel certain that he (of course) knew the objection would occur and be sustained, but felt it a good idea to plant that seed in the minds of the jurors as they have three days off.

[MizSterious]

Well, I guess my question is (preparing flamesuit), if Damon had a collection of kiddie porn, and if he indulged in the kinds of activities we heard about on the witness stand, why wasn't he investigated more closely? After all, he is the one person with no real alibi for the evening. He acted just as squirrely as DW, maybe more so, that evening and the days just after they discovered her absence. Could Diane Halfman have anything to do with how he was treated?

[MizSterious]

TRANSCRIPT OF THE 911 CALL

June 7, 2002

Operator intro: Feb. 2, 2002, 09:39 hours 911 call to (unintelligible) position 13:

Dispatcher: Emergency Diane. San Diego emergency Diane.

Brenda: Ma'am I have an emergency. (heavy breathing)

Dispatcher: What's your emergency?

Brenda: My daughter's not in her bed this morning. (heavy breathing) She's only seven.

Dispatcher: Okay.

Brenda: Um

Dispatcher: Uh, when did you find her, just now?

Brenda: Just now. I thought she was in there sleeping and I went in there because someone came over I was babysitting and she's not there.

Dispatcher: What's your name, ma'am?

Brenda: Brenda van Dam.

Dispatcher: She doesn't have any history of running away or anything, right?

Brenda: No, no, not at all and, and...(heavy breathing) Oh my gosh.

Dispatcher: All right, take a deep breath, okay?

Brenda:(unintelligible)

Dispatcher: What's your daughter's name?

Brenda: Danielle.

Dispatcher: And her last name?

Brenda: Van Dam.

Dispatcher: V-A-N-D-A-M?

Dispatcher: Okay. And how old -- you said she's seven. What's her date of birth?

Brenda: 9/22/94.

Dispatcher: How tall is she?

Brenda: Um, I don't really know... She has brown short hair, we just had it cut, it's up to her shoulders...Um, she's probably about six feet tall. And um, um, I don't know how tall. I just can't....

Dispatcher: How tall are you, ma'am?

Brenda: How tall is she? How tall is she, Damon? I don't know..(unintelligible)

Dispatcher: Okay, how tall are you, ma'am?

Brenda: I'm five four.

Dispatcher: And, and, and is she that much shorter than you?

Brenda: Oh god.

Dispatcher: Picture a ruler in your mind.

Brenda: She comes up to my chest.

Dispatcher: She comes up to your chest?

Brenda: Yes.

Dispatcher: So she's probably about four...four foot, probably about, what, eight?

Brenda: Yeah.

Dispatcher: Okay.

Brenda: Yeah. Yeah. Yeah. Yeah.

(unintelligible)

Dispatcher: Probably about 60 pounds, right?

Brenda: Yeah.

Dispatcher: And she's got brown short hair to the shoulder? And then what color eyes?

Brenda: Um, they were green.

(Chldren overheard in background)

Dispatcher: Oh my God.

Dispatcher: It doesn't look like anybody broke through the house or anything?

Brenda: Well, last night when I came home, cause I went out with my friends...

Dispatcher: Uh huh.

Brenda:...There was a door opened on the house and I couldn't figure out which one it was and it was our side garage door. But, but, um, I didn't check the bed and um..

Dispatcher: About what time did you come home?

Brenda: I came home about 2. And my husband was home with them. He was home. And he said the lights were on and I guess he went to sleep. The back door was cracked, he said. The back door and the side garage door, he found the back door cracked.

Brenda: Oh my God.

Dispatcher: Have you checked with the neighbors since...to see if she's possibly?

Brenda: Not yet. Not yet. I haven't.

Dispatcher: Okay.

Dispatcher: Okay, ma'am, we have an officer coming in.

Brenda: Okay.

Dispatcher: If you think of anything else, (unintelligible)...or if you find out anything, give us a call right back, okay?

Brenda: Okay.

Dispatcher: Take a deep breath and calm down. It sounds like you have other kids there.

Brenda: I have my husband and two other children and, and my neighbor just brought her kids over. I need to call her so she can come back and get them.

Dispatcher: Okay. Think positive thoughts and everything will be okay, okay?

Brenda: Thank you.

Dispatcher: Okay.

Brenda: Bye.

Dispatcher: Bye.

[Southflanknorthpawsis]

Could Diane Halfman have anything to do with how he was treated?

Yep, but be careful, Miz. The more you make sense, the hotter the flames. ;^)

I visited the SanDiegoChannel website earlier and randomly selected a few of the little VD videos that date back to the beginning days. It may just be my intense dislike and prejudice, but they sound even more shallow and fake now when you hear it.

Not one of us knows where this case will finally end up, but I will never believe that Brenda and Damon are truthful or good parents. If Westerfield is proven to be the perp, I wish the VDs could be charged with being accessories or at the least, unfit and negligent parents.

[Karson]

Brenda: Um, they were green.

Did she say Danielle's eyes were green?????? Past tense?