Brenda Van Dam Testifies
Mother Of Victim Breaks Down On Stand
POSTED: 12:05 p.m. PDT June 6, 2002
UPDATED: 4:46 p.m. PDT June 6, 2002
Brenda van Dam began her testimony on an emotional note under friendly questioning from prosecutor Jeff Dusek. Early on, she broke down in tears as the Dusek asked her questions about her children and her home. Dusek asked her about visiting the defendant, David Westerfield, with Danielle and one of her sons to sell Girl Scout cookies. She also recounted two outings to a local restaurant bar when she interacted with Westerfield. And she admitted smoking marijuana the day of her daughter's disappearance.
The behavior of the Danielle's parents has come under intense scrutiny during the trial. Yesterday, Danielle's father Damon van Dam admitted to having sex with other women, sometimes with his wife in the room.The questions became much more probing when Westerfield's attorney, Steven Feldman, began questioning the 39-year-old mother. Under Feldman's cross-examination, van Dam testified about her relationships to the two men and two women she went out with on the night before Danielle was discovered missing. During the questioning, van Dam acknowledged that she had had sexual relations with the two women in the past, though not on the night in question.
Feldman attempted to question her about what he termed "sex parties," but Judge William Mudd stopped van Dam from answering broad questions about her sex life, ruling that the questions were irrelevant to the case.
Earlier in the day, San Diego County Medical Examiner Brian Blackbourne testified. He said that he was not able to determine exactly when Danielle died or how she was killed. On cross-examination by Westerfield's attorney, Steven Feldman, Blackbourne added that he found now evidence on the body of a sexual attack. But he said that could have been because of the state of the body, which had been damaged by animals and was in an advanced stage of decomposition.
Under questioning from Feldman, Blackbourne said that Danielle could have been alive as late as Feb. 17, more than two weeks after she was reported missing. The uncertainty over the time of death helps Westerfield's case. Feldman has argued that his client was under police surveillance and media scrutiny starting on Feb. 4, when he returned from a weekend trip to the beach and the desert. It would have been impossible for him to dump the body after that date, according to Feldman.
The trial is expected to continue until at least mid-July. You can see gavel-to-gavel coverage of the proceeding in the NBC 7/39 FeedRoom.
