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BREAKING: BRENDA VAN DAM DANCED WITH WESTERFIELD: (Modern Day Westside Story?)7-9-02 Trial Watch
KFMB ^ | July 9, 2002 | KFMB

Posted on 07/08/2002 10:23:15 PM PDT by FresnoDA

WITNESSES SAY BRENDA VAN DAM DANCED WITH DAVID WESTERFIELD

(07-08-2002) - Three defense witnesses testified Monday that Brenda van Dam and David Westerfield, the man accused of murdering 7-year-old Danielle van Dam, danced together the night before the girl was discovered missing.

"Mr. Westerfield and Mrs. van Dam were dancing," said Patricia LePage, describing the scene at Dad's Cafe and Steakhouse the night of Feb. 1.

Since the prosecution introduced hair and fibers found at the defendant's house and motorhome, the defense has tried to show the evidence could have been transferred in some other way, such as dancing.

The 50-year-old defendant would face the death penalty if convicted of kidnapping and killing Danielle van Dam, who lived two houses away in Sabre Springs. He is also charged with misdemeanor possession of child pornography.

In testimony near the beginning of the trial, Brenda van Dam told the court she did not dance with Westerfield.

But LePage said van Dam rubbed her hips and chest against Westerfield during several dances together, recalling the movie "Dirty Dancing." That was just part of what LePage described as "frisky" behavior exhibited by van Dam that night.

LePage said she was in a smoking lounge at Dad's with her daughter, Cherokee Youngs, when van Dam came in and struck up a conversation with the younger woman.

"Well, she did ask my daughter if she liked girls," LePage said when asked to describe the conversation. Van Dam, she said, asked Youngs if she wanted to come to her house for a party later that night.

Youngs testified about the encounter last week.

Duane Blake, a fisherman who said he goes to Dad's a couple times a week, said he caught a glimpse of the defendant dancing with van Dam.

altBlake confirmed an interview with the District Attorney's Office, in which he described their dancing as, "huggy, huggy." He testified he even thought Westerfield might be trying to pick up on van Dam.

Earlier Monday, another woman testified she saw Westerfield dance with Danielle's mother.

Glennie Nasland, who began her testimony last week, said she was on the dance floor and saw the pair turn toward each other while dancing with other people.

Nasland, who described herself as a friend of Westerfield, said she watched them for 20 seconds before they turned away again.

In other testimony Monday, Dave Laspisa said that going to the desert to look for friends, and without bringing an all-terrain vehicle, was not an unusual activity for Westerfield.

The witness, a self-employed Poway man, said he's known the defendant for 15 years and has camped with him near the Imperial County community of Glamis for 10 years.

The witness was one of several people who testified as the defense began to move away from what happened at a Poway night spot the night before Danielle was discovered missing Feb. 2 to Westerfield's weekend wanderings.

Westerfield's attorney, Steven Feldman asked Laspisa to explain why someone would avoid Interstate 8 while taking a motorhome to the desert. Laspisa said high winds and black ice were common on that route, which traverses altitudes over 4,000 feet.

Heather Mack, a security guard at Coronado Cays, testified that she saw Westerfield drive his motorhome into the exclusive neighborhood in the afternoon or evening hours of Feb. 3.

Mack said Westerfield smiled and waved at her as he drove past her security kiosk, but she never saw him again.

The witness told Dusek that she originally told a police officer that she "vaguely remembered" seeing the defendant's recreational vehicle.

Glen Seebruch, an engineering manager at Nokia, testified earlier that Westerfield called him the morning of Feb. 1 and told him he planned to go to the desert that weekend.

Feldman, told Judge William Mudd that his case may be completed by the end of the week.

Insect expert David Faulkner is expected to testify about how long the victim's body may have been in the East County before volunteer searchers found it on Feb. 27.

Feldman has said Westerfield would have had no opportunity to dispose of the body because he was under constant police surveillance from Feb. 4 until his arrest Feb. 22.


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: California
KEYWORDS: frank180; vandam; westerfield
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To: spectre

Detective who interviewed Denise Kemal....

Hmmmm.....now wait a minute...I didn't think Ms. Kemal was a player in this trial.....

PING....truth_seeker

 

241 posted on 07/09/2002 10:01:01 AM PDT by FresnoDA
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To: Rheo
Thanks......I feel better now. I thought maybe I was somehow not getting it.
242 posted on 07/09/2002 10:01:47 AM PDT by Southflanknorthpawsis
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To: FresnoDA

Ok Van Dammit....

Did truth_seeker request a SIDEBAR??

I am confused.....

Little ol Denise is causing SO MUCH TROUBLE!!!!

AMAZING.....


243 posted on 07/09/2002 10:02:42 AM PDT by FresnoDA
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To: the-gooroo
If we ever get out of sidebar and the heresay issue is resolved...we might find out...would be interesting to know what she said in total.
244 posted on 07/09/2002 10:02:46 AM PDT by Rheo
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To: Valpal1
At least fresnoda got it, and ya knew he would. :-D
245 posted on 07/09/2002 10:02:47 AM PDT by Freedom2specul8
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To: FresnoDA
"Bad boy, Bad Boy
Whatcha gonna do if they come for you?
Bad boy!"

LOL, Smiley face, and grins. :~)

246 posted on 07/09/2002 10:04:46 AM PDT by spectre
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To: Rheo
The truth is something that some don't want to hear. So far, the truth for the other side is elusive.
247 posted on 07/09/2002 10:06:01 AM PDT by Jrabbit
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To: All
Jury has been excused for attys to discuss.....witness has now been excused....on break till 10:20
248 posted on 07/09/2002 10:08:15 AM PDT by Rheo
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To: Rheo
this is the 2nd detective that hasn't been able to testify....Keith Stone and Denise Kemal.
249 posted on 07/09/2002 10:08:59 AM PDT by Rheo
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To: spectre
(Note: Photos are from original article......FDA Boilerplate disclaimer!)

Friend: Defendant seemed 'creepy' on night of girl's abduction

 
Photo
David Westerfield, left, allegedly bought drinks for Danielle van Dam's mother and her friends the night the 7-year-old was taken from her bedroom.

SAN DIEGO — A friend of Danielle van Dam's parents testified Monday that the man accused of killing the 7-year-old acted "weird" and "creepy" the night she vanished.

Denise Kemal said she saw David Westerfield Feb. 1 at a bar where she, Danielle's mother Brenda, and another friend were celebrating a "girls' night out." While the women played pool with several male acquaintances, Westerfield, a neighbor of the van Dams, stood nearby staring at them.

Kemal

"I thought to myself, 'Wow, that's creepy that he's just standing there watching,'" said Kemal, a 28-year-old flight attendant.

Prosecutors allege that later that night, Westerfield, 50, crept into the family's darkened home and snatched Danielle from her bed. Searchers discovered her body three weeks later along a roadside.

Kemal was one of five witnesses who testified for the prosecution Monday about events at Dad's Cafe, a local restaurant and bar, the night Danielle went missing. They described Westerfield, a twice-divorced engineer, as largely an outsider to the evening Brenda van Dam and her friends were enjoying — a raucous good time fueled by alcohol, marijuana, risque comments and flirtatious dancing.

"Nothing," said Kemal when asked what Westerfield was doing while other patrons were dancing to a cover band. "He was just standing there. Alone."

Kemal was an eagerly anticipated witness after Brenda and Damon van Dam testified last week that they both had sexual relations with her. Jurors leaned out from their box to see Kemal enter the court. The petite brunette spoke in a soft, gravelly voice and seemed almost giddy, smiling and giggling throughout her testimony.

Her account may prove crucial in determining how Danielle's assailant entered the van Dam residence. Kemal said she smoked marijuana with the van Dams in their garage before leaving for the bar. She testified that she opened a door leading outside to get better cellphone reception, but said she was positive she closed it again before leaving for the bar.

When the women returned home at 1:55 a.m., the door was open. Damon van Dam, Danielle's father, testified last week that he previously had reversed the lock on the door leading from the garage into the residence so that the couple's children would not walk in on them smoking pot. Someone walking from the entrance hall to the garage needed a key, but someone walking into the hall from the garage did not.

Damon van Dam found a door from the kitchen to the backyard open when he woke after 3:00 a.m., suggesting that Danielle's abductor entered through the garage before the women arrived home and left through the kitchen door after the van Dams went to bed at 2:30 a.m.

Much of Monday's testimony concerned events at Dad's Cafe. Kemal said she, Brenda van Dam and their friend, Barbara Easton, arrived at about 9 p.m.

Brenda van Dam introduced her to Westerfield, who was already at the bar, as "my neighbor, Dave," Kemal said. Westerfield offered to buy them drinks.

"He kind of flashed his money out, like, had a lot of money," said Kemal.

The women ordered Absolut cranberry cocktails and Westerfield returned to his spot at the bar.

"He was standing to the end of the bar. He wasn't talking to anyone. He was very weird," said Kemal. "He was creepy."

Judge William Mudd ordered jurors to disregard Kemal's characterization.

She said she noticed at 11:15 p.m. that Westerfield was no longer in the bar. A drinking buddy of Westerfield, a truck driver named Garry Harvey, testified that Westerfield was still at the bar when he left at 11:30, but had departed by the time he returned an hour later. Both witnesses acknowledged they were drinking steadily and not keeping a close eye on the clock.

Kemal said that the next day, when Damon van Dam summoned her to the house to meet with detectives investigating the abduction, Westerfield was standing on the curb across from his house.

She testified that Westerfield said he couldn't believe what had happened and then blurted out, "Well, I left at nine o'clock."

Jurors also heard from two male acquaintances of Brenda van Dam who were at the bar that night. Richard Brady and Keith Stone recalled being introduced to Westerfield by Brenda van Dam, but said they didn't pay attention to his activities.

Brady

The men accompanied Brenda van Dam and her friends to the parking lot at one point and the women smoked more marijuana. Stone said he and Easton had been flirting all evening and began kissing in the parking lot.Ê He said there was sexual "banter" throughout the evening. He acknowledged that one suggestive comment from Brenda van Dam — hearsay rules prevented him from quoting it to the jury — prompted him to tell her, "You know what? You're a married woman. I'm not interested."

Another patron, Yvette Wetli, said Easton was very intoxicated and kept rubbing her back and asking her to drink with her.

"She was aggressive toward me," said Wetli, who knew Westerfield from tending bar at another establishment.

"From a sexual sense?" asked defense lawyer Steven Feldman.

"Yes, from a sexual sense," Wetli replied.

Westerfield, who rarely shows emotion in court, smiled broadly at Wetli, who said she had known him for four years. His lawyers have suggested that the van Dams' unusual sex life and drug use brought them in contact with many unsavory people who could have done harm to Danielle.

Feldman quizzed Kemal about whether she had sex parties at the van Dam family home.

"It was more of a swap. Me with Damon and Brenda with [Kemal's ex-husband] Andy," said Kemal.

Feldman and his co-counsel Robert Boyce pointed out numerous contradictions in the witnesses' account of the same events and suggested they were either lying or had shaky memories because of using pot and alcohol.

Brady and Kemal, for example, said the van Dam's dog was nowhere to be seen when they stopped by the residence after the bar. Stone, however, remembered the dog jumping on him and "making a nuisance of himself."

Kemal told prosecutor Jeff Dusek on direct examination that Damon van Dam came downstairs when the women returned from the bar, but she admitted to Feldman that she previously had told a detective he never came downstairs.

And while Brenda van Dam testified last week that she immediately went to the garage to close the open door after returning home, Kemal recalled them going upstairs to use the restroom, Stone said they went to the kitchen, and Brady said Brenda went upstairs alone.

Testimony in the case resumes Tuesday morning.


250 posted on 07/09/2002 10:10:20 AM PDT by FresnoDA
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To: Rheo
I really wanted to hear what this witness had to say! Apparently they interviewed Denise 4 times, including around the time Danielle's body was found... ?
251 posted on 07/09/2002 10:11:05 AM PDT by Karson
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To: Doc Savage
Re: #208.


ROFLMAO!! Please remit payment to my company. I find you at fault for the destruction of my keyboard due to spewed coffee.
252 posted on 07/09/2002 10:12:17 AM PDT by Mrs.Liberty
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To: Karson
they may have to have her come back to be available to testify after the Detective to give her a chance to rebut his testimony to get around the hearsay rule.
253 posted on 07/09/2002 10:12:32 AM PDT by Rheo
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To: spectre
Geez, I go out for awhile, and Valpal1 and Kimbo take over the threads? Now they tell us what we can and cannot post? This stinks. Someone's drinking far too much Skunkola. (The drink that really stinks--nose-holding rotten, just like those who drink it.)

254 posted on 07/09/2002 10:12:40 AM PDT by MizSterious
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To: Rheo
What's with that?? The prosecution put Johnny Keene (love that name!) on the stand, and he could testify to everything DW told him...

But when it comes to the pizza partiers, the LE interviewers can't testify??
255 posted on 07/09/2002 10:13:23 AM PDT by NatureGirl
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To: FresnoDA
Could you please post the Basic Swinging Rules again?

Oh..and don't forget....
256 posted on 07/09/2002 10:15:24 AM PDT by Mrs.Liberty
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To: NatureGirl
Doesn't make sense to me either...both are statements.

I think the person has to be there to be able to rebut....as DW is in court???

257 posted on 07/09/2002 10:15:27 AM PDT by Rheo
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To: Rheo
If we ever get out of sidebar and the heresay issue is resolved...we might find out...

I had to go tend to some business. What happened?

258 posted on 07/09/2002 10:15:55 AM PDT by Spunky
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To: Mrs.Liberty
LOL!!
259 posted on 07/09/2002 10:16:07 AM PDT by Freedom2specul8
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To: MizSterious
New battle tactic, Miz...You see, it works this way...Just tell someone OFF, then post a rebuttal and say "just kiddin', and gosh, don't you guys have a sense of humor"?!

Sort of gives you the creepy crawlies...doesn't it...?

sw

260 posted on 07/09/2002 10:16:11 AM PDT by spectre
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