Posted on 06/06/2002 10:15:36 PM PDT by FresnoDA
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.
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.
I missed that! Oh, my goodness! I have been sitting on the fence regarding whether I think a VD or Westerfield killed this little one. Methinks BVD knew something here? Somewhere I also read that sometimes Danielle walked in her sleep. If I were a parent, that would be my first thought. It did not seem to be Brenda's, as though she knew something. I have also been disturbed that no one even knew Danielle was missing until a neighborhood child dropped by and wanted to see her. I wonder how long otherwise it would have taken for her disappearance to have been reported?
Way, way too much information volunteered. It sounds much more like an attempt to get all the story set up with the mentioning of key points.
Look at them:
1. 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.
2. Brenda: She has brown short hair, we just had it cut,
3. Brenda: Um, they were green.
4. Brenda: Well, last night when I came home, cause I went out with my friends...
5. 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..
6. 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.
7. Dispatcher: Have you checked with the neighbors since...to see if she's possibly?
Brenda: Not yet. Not yet. I haven't.
So much of it sounds/looks like a way to make sure the gate, door, haircut, lights, friends, etc. are all on the tape.
Then add to it the fact that she and Damon are standing together by the phone and haven't even checked with neighbors yet.
Sorry.......big "F' on the smell test.
Is this a realistic response from a mother who is panicked after discovering her daughter missing? Could you even think about precise times? Wouldn't it be more likely to say you got home late?
Remember Damon's concern about the timeline???????? Maybe Brenda was thinking a lot about establishing it right off the bat.
She has DW with the needle in his arm, even before she has heard a shred of evidence against him.
Usually, she is followed by Catherine Crier, who makes up for Lisa's totally biased opinion.
BVD's body language is easy to read. She is defensive, sarcastic, and extremely guarded. When she gets frustrated, and doesn't want to answer a question, she will look at the Prosecution and then at Judge Mudd for as if to signal "help me".
So far, Judge Mudd is, IMO, doing a fair job on the bench.
sw
1. She did not sound distraught. Some of it sounded scripted.
2. The children in the background did not sound panicked, but rather like any children might sound when Mom is on the phone.
3. The dog barked loudly. That is not a barkless dog. That is not a dog who can only whimper or whine. That is a dog that has a powerful bark.
4. The descriptions of her missing child stretch credibility to the limits. Six feet tall? Eyes "were" green? (And weren't they actually blue?)
5. And as someone else has mentioned, it sounded much more like she was already setting up alibis and stories. When you report a missing child, all they need to know is she's gone and that she shouldn't be--that's what most mothers would say. When the police arrive, then the particulars are reviewed.
Maybe I should ask again--someone tried to keep the 911 tapes out of the trial. Does anyone at all know which side it was, pros. or def.? I'm betting prosecution, but I've lost a few bets before.
sw
Other oddments: Damon's early morning vacuuming (denied by him on the stand, but then again, he has a little "truth" problem), the ever-changing time-lines, the way Damon told Brenda not to get into the timeline at one of the press conferences--of course there's lots more, but these are some of the early warning signals that sharp police should have caught. Why didn't they?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.