Danielle Van Dam's Mother Takes Stand
Crime: She tells of going to a bar where suspect David Westerfield bought drinks for her and her friends the night her daughter disappeared.
By BEN FOXAssociated Press Writer
June 6 2002, 2:16 PM PDT
Brenda van Dam frantically reported her daughter's February disappearance in a 911 call played for jurors today in the trial of a neighbor accused of killing the 7-year-old.
"My daughter is not in her bed this morning. She's only seven," van Dam says in a panicked voice on the tape. She is breathing heavily. The sound of children crying is heard in the background.The 911 operator questions the mother about Danielle van Dam's description and tells her: "think positive thoughts, everything will be okay."
Danielle was reported missing Feb. 2, prompting a search by thousands of police and volunteers. Her nude body was found three weeks later along a rural road east of San Diego.
Prosecutors played the tape on the third day of the trial of David Westerfield, who is charged with murder, kidnapping and possession of child pornography.
Van Dam, 39, testified today that Westerfield bought drinks for herself and two friends at a bar near their north San Diego homes on the night of Feb. 1.
"He said, 'Ladies don't buy their own drinks,' and he threw some money on the bar," van Dam said under questioning by the prosecution.
Danielle was reported missing from the van Dam residence the next morning.
Westerfield, 50, a divorced engineer whose home is two doors from the van Dam home, has pleaded innocent. He could receive the death penalty if convicted.
Investigators say they found Danielle's blood, fingerprints and hair in Westerfield's motor home and have other forensic evidence linking him to her disappearance.
Van Dam said that several days before the encounter at the bar, she, Danielle and one of her sons went to Westerfield's home to sell Girl Scout cookies.
She said Westerfield mentioned that he had seen her with the other women previously at the bar and wished to be introduced to one of them. She said she told him that they might be at the bar, Dad's Cafe, the following Friday.
She said that until that time she and Westerfield had only a passing acquaintance.
"We may have spoken one or two times but it was very limited," she said.
Earlier today, Dr. Brian Blackbourne, the county medical examiner, testified that it was impossible to determine the exact cause or time of Danielle's death because her body was in an advanced state of decomposition when it was found.
Blackbourne said he concluded the girl's death was a homicide from the position of the body, its location far from her home and because searchers had been looking for her for weeks. Under questioning by the defense, Blackbourne said there was no evidence that the girl was strangled or sexually assaulted.
The uncertainty over the time of death aids Westerfield, whose lawyer has argued that he was under police surveillance and media scrutiny that prevented him from dumping the body where it was found on Feb. 27.