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.
IMO the word "lie" is thrown around alot when there have not been lies. The defense behavior seems to confirm this.
In the case of Rikki Kleiman, a pro-defense leftie, I suspect that she was disappointed in the Skakel verdict.
To appear sympathetic to DW would be beyond the pale, even for Rikki.
The one thing I can't get out of my head with DW is that he waited until age 50, an adult with two grown children, to become a so-called pedophile. No priors at all for child molestation. If he did it, his motivation must have been revenge--maybe for a huge putdown from BVD. I honestly don't think the guy is a sexual predator.
It sounds like Marc Klass is persona non grata at the Smart house. He has been told to stay away from the Smarts. I'm not surprised. He has been acting like an intrusive jerk in this case. I hope it's not that he wants to achieve fame like John Walsh did.
HELLO ! ! ! ! ! ! While I agree with your concept that Brenda and partiers took DW's money for drinks and then raised their noses at him for the rest of the evening, Don't you think that coming up with an elaborate plan to sneak into their house, with Damon home, the dog,etc, and kidnap,kill their daughter is a little overboard.
I mean all he had to do was call the police and tell them there were people smoking pot in the parking lot. If revenge was something he felt he needed, there were about a million other ways to get it.
Do you remember where this was. I would appreciate it so much if you knew where that reference was.
Thanks..gman
BEST SUMMATION of the CASE SO FAR. Congratulations to PINZ-N-NEEDLEZ ! ! ! !
We don't know that they didn't, but based on their performance so far, I would guess not.
SO, JADED wins the BECAUSE THERE WERE TOO MANY BLOOD STAINS IN IT award! (Disclaimer: the above was meant as satire, we all need a little lightening up. This case causes emotions to run rampant no matter which side of the fence you are watching from.)
The voice of reason. Unbelievable that people would believe that being snubbed by the likes of Brenda van Dam and her tacky girlfriends would make a man want to slaughter her little girl. But, those who would think a fifty year old man with no criminal sexual history would be so insulted over a snub at a bar that he would kill would leap at any kind of scenario. So, how does their thinking go? Something like this: Brenda rejects Westerfield so he plans the ultimate revenge. He sneaks into the van Dam house and hides in the closet and then snatches little Danielle. Then, when he is arrested and questioned by the police he mentions that Brenda is heavy-set and really not his type. David Westerfield does all of this just so he can tell the police that Brenda is fat and doesn't do anything for him. Bigtime revenge.
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