Barb Easton next witness in the Van Dam Murder Case!!

I think this might be the "physical evidence" Feldman had in mind when he said he could prove his client could not have dumped her little body there. That proof would certainly disappoint a couple of people here, especially since there's no death penalty for having porn.

Your post 12...again brings into question was DW in custody when the body was discovered. Also, searched once, then searched again on a "hunch" (TIP??)

Anyone watching CTV now?

Garry, DW's friend is on...he is a mature, nice-looking, well-spoken guy. Dave hangs with better people than the van Dams...

sw

LOL!

Westerfield trial holds our gaze – even when we don't want to look

June 6, 2002

Oh, to be a juror ordered by Judge William Mudd not to watch, hear, read, say or publish anything about the Westerfield trial.

Just think: outside the courtroom, your time all your own, free and clear.

But for those of us fully exposed to the media Maelstrom, the trial never adjourns. Running commentary, much of it feverish or demented, is heard 24/7.

For example, here's what I received at 3 a.m. in the metal fillings of my molars:

CALLER 1: I've been thinking about this all night. I started out believing Westerfield did it – I mean, I was ready to convict, quite frankly – but after Steven Feldman's energetic, entertaining opening statement for the defense, I'm beginning to have my doubts. I mean, prosecutor Jeff Dusek was so flat in comparison, and he messed up names, and, I don't know, it just seems to me that the tide has turned. Feldman was as animated as Robin Williams doing stand-up. And I loved the way he sucked the air as if he was dragging on a joint. And snapping his fingers like a hipster. Very persuasive!

RADIO HOST (deep, resonant voice): So you believe the defense won the crucial opening day. A very perceptive, a very honest, a very emotionally genuine, a very well-reasoned response. Thank you, sir, and call again.

CALLER 2: I know the blood and hair look bad for Westerfield – I'm not one of those alien-conspiracy kooks! – but those van Dams are so creepy. And why did Damon reject Peter as his given name? It's weird. And what was he wearing? He looked like a gas-station attendant or an ice-cream vendor. Don't grown men wear ties and coats when testifying in their daughter's murder trial? I don't know, it just makes me sit up in bed and worry all night.

HOST: (deep, resonant voice): Thank you for your astute observations. Now try to get some sleep.

I know, I know.

Only judges – and sober ones at that – are allowed to poke fun at criminal trials.

Mudd's tension-relieving cracks about his hairline, phone calls from wackos, the hapless Padres, inaccurate county clocks and semiannual Nordstrom sales aside, a capital trial is somber business.

It's also true, however, that this TV event holds us in thrall because so much of it involves squirmy admissions.

Though outwardly your typical young suburban parents, much of the van Dams' behavior, real and rumored, would be thrown out by trailer trash.

Could at least one juror – and that's all it takes to hang a jury – perceive the van Dams as unwitting accomplices in their child's death?

Could the prosecution win the battle of the DNA evidence but lose the case against Westerfield because the jury dislikes and/or distrusts the van Dams and their circle of sex partners?

I submit to the million-member public jury that that's why we can't turn our gaze away.

This is our O.J. Our trial of the new century.

From the vantage point of the distant future, we'll recall that the case moved at dizzying warp speed.

The defense failed to request customary delays. The jury selection was completed in overdrive. The trial was not moved out of the county, though conventional wisdom said it could have been. The jury was not sequestered, at least in its early stages.

We'll remember that we became experts on insect breeding in a decomposing body, measuring DNA probabilities in the quadrillions-to-one, rehydrating mummified skin and other esoterica of forensic investigation.

But I suspect we'll never forget what the jury thought about the van Dams and what role that estimation played in its deliberations over the guilt or innocence of David Westerfield.

That's why we can't look away.

Van Dam friend describes Westerfield as 'creepy'

KIMBERLY EPLER
Staff Writer

SAN DIEGO ---- David Westerfield, the man accused of killing Danielle van Dam, was described Monday as "creepy" by a friend of the girl's parents who saw him at a bar hours before the 7-year-old disappeared.

"He was very quiet and weird," Denise Kemal, one of two women who went out drinking with Brenda van Dam, testified of Westerfield, the self-employed engineer standing trial for the crime.

The 28-year-old flight attendant said Brenda van Dam introduced her to Westerfield on Feb. 1 when they arrived at a Poway bar for a girl's night out.

Kemal said she thought it was "creepy" the way Westerfield stood watching her, the other two women and some of his friends play pool without saying anything. Judge William Mudd ordered the remarks stricken from the record after Westerfield's attorney, Steven Feldman, objected to the characterization.

Kemal also testified she saw Westerfield outside of his house the next afternoon when she went to the nearby van Dam home to speak with police about Danielle's disappearance.

Kemal was one of five witnesses on Day Four of Westerfield's trial on charges he kidnapped Danielle from her bedroom the first weekend of February and murdered her. Westerfield lived two houses down from the Sabre Springs second-grader.

Westerfield, a twice-divorced father of two, faces the death penalty if convicted. He also is charged with a misdemeanor count of child pornography. Prosecutor Jeff Dusek said that he expects to wrap up his side of the case by the end of June.

Danielle's parents, Brenda and Damon van Dam, did not attend Monday's proceedings. Judge Mudd told the couple last week that they would be notified when they could sit in on the trial. Each spent several hours on the witness stand last week, answering questions about their drug use, giving intimate details about their marriage, and describing the events leading up to their daughter's disappearance. The couple also has two sons.

Other witnesses on the stand Monday were Rich Brady, a friend of the van Dams; Keith Stone, Brady's friend and ex-brother-in-law; Garry Harvey, a friend of Westerfield's who met him at Dad's Cafe and Steakhouse on Feb. 1; and Yvette Wetli, Garry's friend, who also was at Dad's.

Most of the witnesses gave the same basic details about the events at Dad's the night Danielle was last seen alive. There were some variations. When questioned by attorneys, some of the witnesses denied making statements contained in police reports or conversations assigned to them by previous witnesses.

Kemal, a petite brunette dressed in a purple sweater and black pants, spent much of her testimony talking about the night Danielle disappeared. She testified she smoked marijuana in the van Dams' garage with Brenda van Dam and another friend, Barbara Easton, before they went out.

Kemal also said she got a phone call while in the garage and went out the side door to try and get better reception. When she came back in, Kemal said she closed the door, but didn't lock it. She testified the door was wide open at about 2 a.m. when she and Brenda van Dam went to check it after finding a warning light blinking on the home alarm system.

Kemal said she found out about Danielle's disappearance on Saturday, Feb. 2, when Damon van Dam made a brief phone call to say police wanted to talk to her about the side door.

"He told me quickly that they couldn't find her," Kemal said. "That she was missing."

When asked by Feldman, Kemal insisted she never had a conversation with Brenda or Damon van Dam about withholding from police their previous sexual relationship. Kemal testified about having a sexual encounter with Damon van Dam nearly three years ago while Brenda van Dam was with Kemal's then-husband.

The van Dams each admitted to having a sexual relationship with the two women Brenda went out with the night Danielle vanished and their male partners. Westerfield's defense team has attacked the credibility of Danielle's parents, questioning their integrity and the company they kept.

The defense attorneys have implied that the van Dams' lifestyle put their children at risk. The prosecution, meanwhile, has argued Westerfield stole Danielle from her home to satisfy his sexual fantasies for young girls.

Kemal testified the couples "swapped" their spouses after a Halloween party. Kemal testified the van Dam children were staying somewhere else that night.

She said the Halloween gatherings were not "risque," but simply costume parties complete with prizes for first, second and third place. Kemal said she briefly talked to Westerfield the morning Danielle was discovered missing after seeing him on the street.

"He said, 'I can't believe what happened,'" Kemal said, adding Westerfield told her he left by 9 p.m.

Also on the stand were Brady ---- a van Dam family friend ---- who admitted he supplied the marijuana the three women smoked that night. He said he and Stone ran into Brenda van Dam and her friends at the bar. Brady and Stone each testified they went back to the van Dam house to eat pizza about 2 a.m.

When asked by Feldman, they each said they didn't remember Brenda van Dam or Kemal talking about a side garage door being opened after they arrived at the van Dam house. Stone said Damon van Dam looked "surprised" to see him and Brady at his kitchen table when he came downstairs.

Under questioning from the prosecutor, Dusek, Stone and Brady said they did not take Danielle out of the house. Kemal also said that neither she nor Barbara took Danielle.

Later in the afternoon, Westerfield's friend, Harvey, took the stand. He said police searched his residence twice after Danielle disappeared, once with police dogs and a helicopter. A Fallbrook resident and a truck driver, Harvey said he has known Westerfield for about four years after meeting him at another Poway bar.

Harvey didn't look at Westerfield during his testimony. He said he went to a barbecue at Westerfield's house about three weeks before Danielle disappeared and he was meeting with Westerfield at the bar that night because he was helping Westerfield work out some business deals with his roommate.

He said Westerfield introduced him to Brenda van Dam and her two friends. He said he remembered the way Denise had been dancing the previous weekend.

Harvey said he didn't stay with Westerfield the whole evening . The last time he saw Westerfield was about 11:30 or 12:30 when he went to meet Wetli. When Harvey and Wetli returned to Dad's around 1 a.m., Westerfield was no longer in the bar, they each testified.

Wetli testified she had an "uncomfortable" interaction with Kemal and Brenda van Dam's other female friend, Barbara, that night. She said Barbara was sexually aggressive toward her.

Testimony in the trial continues today.

So far, I think the best people on the defense team are the prosecution's own witnesses. I think it might have been a mistake to parade this bunch of lying, scamming, drunken, drug using, immoral flakes through the court before even showing one tiny morsel of actual evidence. If, as one freeper says, jurors form their opinions early, this should not have been done.

People can rail all they want about the "sleazy defense team" (that's what they always call defense attorneys), but in this trial, Feldman is simply allowing the witnesses to be themselves, in all their prevaricating wonder. And they've been all too willing to assist the defense, as lie after lie is presented, knocked down, and replaced with yet another lie. Not a one of these granola bars can be trusted to truthfully recite the grocery list, let alone facts important to the case.

And so, it comes down to this--where's the evidence? Perhaps the evidence can overcome the unholy stench of this motley crew--but lest we think we've seen the last of them, "forgedaboudit" as they say--they're going to be recalled, so the jury will get one last glance at the prosecution's star witnesses before starting to deliberate.

And what's with the police statements? Most of these witnesses have claimed that the police changed their statements--not in small ways, but large ways. Ok, I know errors happen, maybe once or twice something gets changed. But all of them?? Or is it that these fine, upstanding, trustworthy (try not to laugh too hard) witnesses regretted their statements in hindsight, and adopted the "changed statement" stance--enmasse?

Surely the jury is wondering about this too. One or two--maybe. All? Unlikely.

Barbara Easton had ACCESS, MOTIVE (sex) and OPPORTUNITY...Where did Barb go after dropping Denise off at home?

She obviously had her eye on women that night (eg., Welty, BVD) not DW OR Keith Stone.

She had access to the upstairs of VD home.

BVD was uncomfortable having Barb around Danielle.

She knew the dog.

She had her car that night.

She and DVD had a "previous" relationship.

PING...BUMP...Post 27...Best trial analysis to date....

I am watching repeats of yesterday's testimony. Who is Yvonne Welti? It says she is Westerfield's friend but she sure acts like a goofball. What is her deal?

Can you transcibe some summary of what you've seen -- that's late day testimony yesterday, and I haven't seen it reported on FR.

From my copy of the Rick Roberts Newsletter:

Rick Roberts'
Special Expanded Session of
The Court Of Public Opinion
760 KFMB
Listen & Call In!
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Day Four of the Westerfield Trial
Monday, June 10, 2002

Recap:
Today was a busy day in court. Five witnesses took the stand: Denise Kemal, Rich Brady, Keith Stone, Garry Harvey, and Yvette Wetli. The first three, of course, are friends of the Van Dams, Kemal being a close, intimate friend. They were at Dad's with Brenda on Friday, Feb. 1, 2002. Harvey and Wetli are acquaintances of Westerfield's and were also at Dads that night.

* * *
Like Brenda and Damon, Denise Kemal was asked questions about her sexual relationships. She admitted that, on Halloween 2000, she and her then-husband Andy swapped spouses with Damon and Brenda for sex.

She also stated that when she, Barbara, and Brenda returned to the Van Dam's home after the Feb. 2 night at Dads, she and Brenda immediately headed upstairs with Brenda to use the bathroom. Barbara followed them, but went into the master bedroom and laid on the bed with Damon. According to Denise, Brenda was aware of Barbara being with Damon.

Also according to Denise, it was not until after she and Brenda came downstairs and she went into the kitchen to heat up pizza that Brenda noticed the light flashing on the alarm panel next to the front door. She and Brenda then went into the garage and found the side door "wide open." Brenda closed it.

Denise testified that the only time she saw Damon after returning to the Van Dam's from Dad's was when she and Brenda were in the garage. She said that she remembers seeing him standing in the doorway into the house. She said he did not join her and the others for pizza in the kitchen.

One of the most startling things Denise testified to today was that, on Saturday, Feb. 2, between 2:30 and 3:00 PM the day Danielle was discovered missing, she saw Westerfield leaning against a wall across the from his home on Mountain Pass Rd.

Denise was there because, fifteen minutes earlier, Damon had called her, told her that Danielle was missing, and asked her to give a statement to the police about having found the side door to the garage open. She came to give that statement. (She was evidently directed by police, and went, to the Northeastern Station to give that statement).

Westerfield, if you recall from Detective Johnny Keene's testimony during the preliminary hearing, told Keene that, after picking up his RV earlier in the morning, he had left his home around 9:00 AM to go camping.

Westerfield told Keene that he intended to go to the desert, but realized that he'd left his wallet at home. Lacking cash for a large gas purchase, he decided instead to go to the Silver Strand. However, finding the weather there too chilly for his liking, and needing his wallet to buy the gas necessary for a trip to the desert, he decided to go back home and see if he had left it there.

Westerfield returned to his home on Mountain Pass between 2:30 and 3:00 PM. According to Keene's testimony, that was when Westerfield heard for the first time that Danielle had disappeared.

That was also when Denise said she saw and talked to him. According to Denise, she greeted Westerfield from the opposite side of the street. They exchanged a few words about the shock of Danielle being gone. Westerfield then said, "I left at 9."

In her testimony today, Denise responded to questions in direct and cross examination as though Westerfield had been mentioning the time he left Dad's the night before. However, Westerfield, by Denise's own admission, didn't leave Dad's until at least 11:15 PM.

More likely, then, when Westerfield said that he left at 9 he was referring to his Saturday morning departure in his RV.

Denise may be recalled to testify by the defense.

* * *
Rich Brady was next to take the stand. He testified that he and Keith Stone went to Dad's on Feb. 1 to listen to the band, "FX." He did not know that Brenda, Denise and Barbara were going to be there, but was pleased and joined them off and on throughout the evening.

Rich admitted to having supplied the marijuana to Brenda on or about Jan. 25. He gave it to her in a small envelope.

While discussing his visit to the Van Dam's after having been at Dad's, Rich said that he did not hear any conversation about Brenda and Denise having found the side door to the garage open. However, he did remember Damon joining the group in the kitchen for pizza.

Rich was excused by both the prosecution and the defense.

* * *
Next up to swear to tell the truth, the whole truth, was Keith Stone. He shed light on Brenda and Barbara's behavior at Dad's on Feb. 1 and events that followed at the Van Dam residence.

On direct examination, Keith testified that the group's behavior at Dad's was about average for adults at a bar: they drank some, danced some, flirted some. He knew that the women smoked pot in Brenda's car, but he didn't partake.

Keith said he had flirted with Barbara throughout the evening, referring to it as "barroom banter" and had even kissed her once or twice while in the parking lot.

On cross examination, the defense referred to a statement Keith had given to the police. According to the officer who took his statement, he had said of the women, "they were straight-forward with their 'sexual innuendoes.'"

Keith testified that he was misquoted by the officer. He said that it should have said,"Barbara was straight-forward with her innuendoes."

However, he later testified that Brenda offered him a provocative invitation and that he responded, "You're a married woman. I'm not interested."

During both Brenda's testimony in the preliminary hearing and during the Westerfield's trial, Brenda said that Keith told her that he had taken a pill with a little "V" on it and that they talked about his desire to "hook up" with Barbara.

According to Keith's testimony today, that conversation never took place; He never spoke to Brenda about taking Viagra or hooking up with Barbara. He said he only went to the Van Dam's that night because Rich said they would go and Rich was driving.

Keith, like Rich, could not remember any discussion about the alarm light flashing and the side door to the garage being found open while at the Van Dam's.

* * *
The day's forth witness was Garry Harvey, one of Westerfield's drinking buddies. Garry testified that Westerfield was already at the bar when he arrived at about 8:30 PM. They had discussed meeting on Feb. 1 and expected to meet each other there.

Garry said he was casually introduced to Brenda and Denise. ("Everyone just said, 'Hi.'") A little later, he and his roommate, Jeff Feece(?), Brenda and Denise played pool together until about 11:30 PM when he left Dad's to visit his friend Yvette Wetli, a bartender at O'Harley's, just down the street.

His departure time from Dad's is important because he saw Westerfield at Dad's when he left, meaning that Westerfield was there until at least 11:30.

Garry then testified that, after helping Yvette close the bar, both he and Yvette returned to Dad's. When they arrived, some time between 12:30 and 1:00 AM, Westerfield was gone while Brenda and her friends were still there.

Both the prosecution and defense excused Garry, but then the defense said they may want to recall him.

* * *
And finally, Yvette Wetli, Garry's friend, took the oath. She testified that she went to Dad's with Garry at between 12:45 and 1:00 AM.

While there, she said that Barbara acted in a sexually aggressive manner toward her, even groping her breasts "to help" after someone tossed ice in her shirt. She said that Barbara stroked her back and asked her to stay and have drinks with her. When describing Barbara, she said that she was intoxicated.

After testifying, Yvette was excused by both sides.

In sum:
We learned a lot today about Westerfield's activities on the night of Feb 1, and Brenda, Denise, and Barbara's last Girls' Night Out.

At the same time, though, if you compare the timelines of Denise, Rich, Keith, and those of Damon and Brenda Van Dam's, some contradictions and some unusual coincidences appear, perhaps raising as many questions as their testimony answered.

Listen to Rick to hear the contradictions he's heard and call in with the ones you've noticed.

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What to expect tomorrow:
One witness expected today but not put on the stand: Barbara Easton. Perhaps she can fill in some of the remaining blanks in the Van Dam's and the events of Feb. 1.

* * * * *

Join Rick each and every court day from 8:30 AM until 7:00 PM at 760KFMB, or listen to live Internet audio streaming at www.760KFMB.com. Then, catch Rick each court night at 7:30 as he joins KFMB's special coverage of the Westerfield Trial.

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I am seeing a bleach blond who I think works at a bar called O'harley's in the Walmart parking lot. She is in a burgundy shirt and grinning and laughing very strangley. It says on the flash that she is a friend of Westerfield.

Check my post above--Rick Roberts covered it pretty well. My question is, why would the prosecution call her at all? She didn't help their case, and in fact her testimony just raised more questions about it.

an enormous amount to "learn" ping.

Never forget, that all may not be as it seems.

This Barbara seems like a real piece of work. Is Denise under 21?

I am sorry to ask so many questions, but I am only catching bits and pieces of the trial.

What exactly was Brenda's home business? For real?

I don't know if anyone answered you. Brenda sells books to school libraries.

Denise is 28, and acted like an airhead on the stand at times .

What kind of books, do you know?

Children's books, I think..

Nancy Grace on Court TV is finally getting a snapshot into reality, and says the parents lifestyle doesn't look good at all...for the Prosecution. I think the more she hears, the more the possibility someone in the Swinging Pizza Party Crowd could have just as easily committed this crime...if not more...will click with her!

Trial getting ready to resume..

sw