New physical evidence about Danielle van Dam's disappearance and salacious details about her parents' sex life came out during the first week of David Westerfield's capital murder trial. Posted on 06/10/2002 10:17:56 PM PDT by FresnoDA
By Kristen Green
UNION-TRIBUNE STAFF WRITER
June 9, 2002
New physical evidence about Danielle van Dam's disappearance and salacious details about her parents' sex life came out during the first week of David Westerfield's capital murder trial.
Legal experts say it's too early to determine the significance those facts will have on the outcome of the case.
The trial moved along fairly quickly, as both Brenda and Damon van Dam took the stand to testify about the events leading up to their 7-year-old daughter's disappearance. Attorneys have said the trial could last as long as 11 more weeks.
"I think there's an enormous amount to learn in this case, and we're not going to know it all until the end," said San Diego criminal defense attorney Knut Johnson, who is not involved in the trial.
The San Diego Superior Court testimony hinted at, but didn't fully explain, the prosecution's theory of how Westerfield, 50, might have entered the van Dam home and kidnapped Danielle.
Westerfield's lead attorney, meanwhile, told the jury that scientific evidence would prove his client's innocence.
In his opening statements, Steven Feldman suggested Danielle could have been kidnapped by any number of people her parents invited into their home to engage in "risque behavior." His strategy, experts say, is to raise questions in jurors' minds about whether someone other than Westerfield could have kidnapped the girl.
But Deputy District Attorney Jeff Dusek told the jury he has physical evidence that connects Westerfield to Danielle's death. He said the second-grader's blood, hair and fingerprints were found in Westerfield's motor home, which he occasionally parked in front of his Sabre Springs residence. When Danielle was taken from her bed, Westerfield lived two houses from the van Dams.
Dusek told the jury that Danielle's hair was also found in the trash in Westerfield's garage and that fibers similar to those in her bedroom were discovered in the motor home. The prosecutor said fibers found inside the bag in which authorities placed Danielle's body before the autopsy matched fibers in Westerfield's laundry room. Dusek didn't elaborate on what kind of fibers were found.
Danielle's nude body was discovered Feb. 27 under a tree on Dehesa Road, 25 days after her mother went to wake her for breakfast and realized she wasn't in her bed. Westerfield was arrested Feb. 22.
Throughout the first week of the trial, the attorneys showcased two completely different styles, which experts say were indicative of their personalities. Feldman is an animated performer, gesturing wildly during his opening statement and questioning of witnesses. Dusek, meanwhile, projects an image of somber dignity with his deep voice, subdued delivery and chiseled looks.
But it's hard to say whether the men's styles will have much impact on the jury deliberations.
"They're both very competent, very able in the courtroom, and they both know their case," said San Diego criminal defense lawyer Michael Pancer. "One might be more interesting to listen to than the other, but in the end, I don't think that's what matters."
Legal experts said the prosecution put Damon and Brenda van Dam on the witness stand early on to establish the sequence of events the night before Danielle disappeared.
"That's the most compelling emotional testimony in the case," Johnson said.
Damon van Dam testified that he stayed home Feb. 1 to baby-sit the couple's three children while Brenda went out to a Poway bar with two friends.
She testified that David Westerfield was at the bar when she and her friends got there, and that he bought them drinks. She said she doesn't know what time he left the bar.
Damon van Dam testified that he put the kids to bed at 10 p.m. and fell asleep before 11 p.m. He awoke at 1:45 a.m. because his dog, Layla, a Weimaraner, was whimpering. The dog doesn't bark because she grew up on a farm where the dogs had been rendered mute.
He said he let Layla into the back yard to relieve herself and then brought the dog back inside a few minutes later.
When Brenda van Dam returned about 2 a.m. with two girlfriends and two male friends who were also partying at the bar, she noticed a red light flashing on the home security system.
She searched for an open door or window and found a side garage door open. The door had been opened earlier in the evening when she and her friends were smoking marijuana in the garage.
When the couple's friends left about 2:30 p.m., after snacking on cookies and reheated pizza, Damon and Brenda van Dam went to bed.
About 3:15 or 3:30 a.m., Damon van Dam awoke and noticed a red light flashing on the security system. He went downstairs and found a sliding glass door leading to the back yard open 6 to 10 inches. He closed it and went to bed.
Experts said those details will be vital for the jury to understand how and when someone might have slipped in and out of the house.
After testifying about the sequence of events leading up to Danielle's kidnapping, the couple also answered Feldman's questions about their sex lives. Television viewers across the nation learned about Damon and Brenda van Dam's extramarital activities, as Court TV broadcast the trial live.
Brenda van Dam admitted to having sex with her two girlfriends and their partners, and Damon van Dam admitted he had sex with both of Brenda's girlfriends. He also said he didn't tell police that he smoked marijuana the night before Danielle disappeared because he didn't want to get into trouble.
Damon van Dam completed his testimony Wednesday; his wife completed hers Thursday.
It will be the jury's responsibility to decide whether any of the details of their personal life are relevant to the issue of who killed Danielle.
The couple's appearance on the witness stand drew dozens of curious San Diegans to the courthouse to vie for a seat in a courtroom filled with spectators each day.
The van Dams' testimony also was broadcast live by most local television stations, which pre-empted normal programming.
This week could be less interesting for onlookers, as experts believe the prosecution will begin presenting scientific evidence about DNA.
A gag order in the case prevents the attorneys from commenting on the case or releasing a list of the 75 witnesses they plan to call.
I drink coffee in the mornings. When I first begin to any physical activity at all in the morning, I sweat, even in the dead of winter.
Also, they said he was sweating profusely from under the arms. He was wearing a shirt, so they had no way of knowing if it was new or just recent sweat that moistened his shirt.
"Other motions remained sealed on the judge's orders. The sealed motions discuss other potential evidence in the case, including evidence that Westerfield's lawyers label in court documents as "nearly as explosive as a confession." The lawyers didn't specify the nature of this evidence. "Westerfield's lawyers want to keep these sealed motions secret from the public through Westerfield's trial and until all his post-trial appeals are exhausted if he's convicted, according to documents made public today.
The stated LE motive has also been supressed.
Including my own parents. Dad was the kind of guy who enjoyed having a few friends over on occasion, nothing too wild. I'm fairly certain that no "swinging" or illegal drugs were involved. Certainly none that I ever saw at least. Just some beer drinking, cocktails etc.
But what I'm thinking now is what if myself or one of my siblings had been snatched and murdered by some perverted scumbag some evening while my parents were in the backyard socializing? What if they caught the SOB? Would some sleazbag defense lawyers have played the same game they are playing now it the Van Dam case? "JUST HOW MUCH WERE YOU DRINKING MR.WESTON?" "HOW OFTEN DO YOU HAVE THESE GET TOGETHERS MR.WESTON". "HOW WELL DO YOU KNOW THE PEOPLE THAT WERE OVER MRS.WESTON". "WHY WERE YOU NOT KEEPING A CLOSER EYE ON YOUR KIDS MRS.WESTON". "ARE YOU SURE THAT THERE WAS ONLY ALCOHOL DRINKING GOING ON!!!!".
I suppose if that happened back then there would some self righteous tsk tsker's like we have on this board right now going around getting their jollies saying how bad my parents were. I'm certain of it.
MY take on the Van Dams? Not "model citizens" but not horrible monsters either. And I don't doubt that they love their kids. They just were not very wise. But not being smart or wise deserves the savaging they are getting. They probably never dreamed that something like that could ever happen. I guess the only way to prevent it 100 percent is to outfit your kid with his or her own secret service 24/7.
Maybe that isn't even enough to stop some monster who is hell bent on doing something so evil.
1. Kids played in the RV while mommy did the nasty with Westerfield.
2. (PH Docs) They don't have Danielle's unique DNA patterns. They're using mitocondrial DNA (same as Brenda's) and/or a mix of assumed mommy and daddy's.
You look down on people that do that huh? I guess they are good enough to make your Big Mac but not good enough to get any respect for it. That's sad.
What is odd that the defense lawyer did not question further what appeared to be perjury by Mrs. van Dam.
I've read about several other cases where a child was kidnapped at night from her own room -- but I can't recall how the kidnappers took the children.
Hannity has commented that he believes the right man is on trial. Although the life style of the van Dams placed the children at risk and this might never have happened if they had been more concerned about the safety of the children, this does not mean they murdered Danielle. There is the forensic evidence against Westerfield, especially the towel and the blood on his jacket.
Many on FR have disagreed with me when I've said that parents have to be very careful about the people they allow into their home and to protect their children from sealzy elements. This case helps to support my previous arguments.
Yeah like preists, your kids soccer coach or school teacher. Just check the headlines. The only foolproof way is to never let your kid leave your house, never let anyone on your property. And watch that mailman like a hawk.
I know you didn't address your post to me..me let me take a shot at it. It depends on how much public sympathy has been created.. since RR's got the public split probably 50/50 on *who to blame*...it encouraged him to influence the jury the same way too. yee haw When a little girl was snatched, raped and killed from a really bad neighborhood in kansas city , the public sympathy was tremendous and the parent's lifestyle wasn't on display so to speak. Does that mean the parents were model citizens...we have no idea. But the creep got caught..broke his own leg tryin to get away..
For example, Andrea Yates, so the conventional wisdom went, should have been found guily by reason of insanity. But she wasn't. The jury found her guilty period.
Michael Skakel by all accounts was going to walk. He didn't. The dog mauling case that happened in San Francisco but tried in LA had an outcome that shocked the defendants (one could tell by the look on the female defendant's face). How could this happen? They were lawyers after all.
So, here we have 3 recent jury verdicts that didn't fit with the conventional wisdom, especially that espoused on Court-TV. Things seem to be changing on that cable outlet and they have a wider diversity of opinion. I don't know for sure, but I suspect that people who watch complained about the bias and they changed their on-air personalities accordingly.
OTOH, there is plenty to back up what people on both sides are posting on this thread.
Now, there are those, who simply jump into the conversation with intentions of disrupting the flow of things, act like they know more than anyone, just to ruffle some feathers. It is transparent and we know who they are.
Those of us who have followed this case from day one, don't have to go back and "source" all the information. If we are wrong, there is always someone who can refresh our memory pro or con..
Thank you for your comments.
sw
If anything, she and her friends rejected him and get got revenge.. ..
Should have said
If anything, she and her friends rejected him and he got revenge
The e-mails must have been overwhelming to get them to see "both sides", even if they had to lump it.
sw
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