SAN DIEGO ---- The father of 7-year-old murder victim Danielle van Dam will be allowed to attend the remaining days of her accused murderer's trial, Judge William Mudd ruled Thursday. Posted on 07/13/2002 6:28:25 AM PDT by FresnoDA
SAN DIEGO ---- The father of 7-year-old murder victim Danielle van Dam will be allowed to attend the remaining days of her accused murderer's trial, Judge William Mudd ruled Thursday.
But he warned Damon van Dam that one more incident will result in him being banned from the courthouse.
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Two weeks ago, Judge Mudd deemed Damon van Dam a "security risk" for repeatedly staring down his daughter's accused murderer, David Westerfield, in courtroom hallways despite several warnings from sheriff's deputies and prosecutors.
Mudd then barred Damon van Dam from the third floor of the downtown San Diego courthouse where Westerfield's emotionally charged trial on charges he kidnapped and murdered Danielle is being held.
On Thursday, an attorney for the van Dam family requested that Damon van Dam be allowed back in the courtroom so he could provide emotional support to his wife, Brenda van Dam, and dispel any jury speculation that his absence meant he didn't care about the trial or that he had something to hide.
The van Dams were present at the hearing, but did not address the court.
Mudd said he believed Damon van Dam has had time to think about his actions and told him that security officials were willing to give him another chance.
"If I get one report of one incident, I will ban you from the courthouse," Mudd told van Dam.
Mudd also cautioned the couple that closing arguments in the case may push them to the limits of what they can handle. The prosecution has indicted it intends to use photos of Danielle's decomposing body while presenting its argument that Westerfield molested the second-grader before she was suffocated and her nude body dumped along a rural road.
Danielle disappeared from her second-story bedroom sometime after her father tucked her into bed on Feb. 1. The next morning she was gone. Westerfield was arrested for the crime five days before her body was discovered by search volunteers on Feb. 27.
The medical examiner has testified that her body was too badly decomposed to determine time of death or whether she was sexually assaulted.
The defense is likely to attack the van Dams' integrity and argue their lifestyle choices ---- including the van Dams' admitted drug use and previous sexual relations with other couples ---- put their children at risk. The van Dams also have two sons.
Prosecutors and the defense attorney have made it their practice to notify the judge before showing jurors graphic photographs of Danielle's body during the six-week trial so the van Dams could be asked to leave the courtroom.
Mudd said he expects the van Dams to leave if any part of the trial becomes too much for them.
"I don't think anybody is downplaying the emotion that both Mr. and Mrs. van Dam are going through," Mudd said.
Westerfield's attorney, Steven Feldman, said Westerfield did not object to Damon van Dam returning to the courtroom, but there still were security concerns. Feldman said Damon van Dam was "mad-dogging" the defense team, or shooting dirty looks at the attorneys.
Feldman said the van Dams have been "verbally attacking" potential buyers who are looking at Westerfield's Sabre Springs home, which is two doors down from their house. Westerfield signed the house over to his attorneys.
Feldman also accused Brenda van Dam of muttering a curse word at one of Westerfield's friends who testified earlier this week.
Prosecutor Jeff Dusek told Mudd that Brenda van Dam denies making any such comment and a victim witness advocate who accompanies her each day backs up her account.
Testimony in the Westerfield trial is on hold until July 22 when Mudd returns from a vacation. At Thursday's hearing, Feldman said he expects the defense will take two or three days more before resting its case. Prosecutors may then present rebuttal witnesses before closing arguments begin sometime in late July or early August.
Contact staff writer Kimberly Epler at (760) 739-6644 or kepler@nctimes.com.
7/12/02
Nice...a sentence as short as your attention span AND length of schooling. The poster's attempt at sarcasm flew completely over your mullet-topped head, and your reference to the "short bus" serves only to reveal your preconceptions and prejudices (as does your rather witty user name).
Fly, Thunderbird, Fly!
" If anyone mistakes my reply as a defense of the VD's lifestyle they are mistaken."
Ditter, you are the one who brought up the lifestyle, and I did not mention it in my original post to you. Since my reply was #45, answering your #44, you could have easily read what you wrote and saved us all some trouble.
I think the problem is that for a few, normal is a relative term. However, more appear to believe that in order to recognize it, there needs to be some standard assumed.
Many, many people think that the van Dams flunked the "normal" test. That's why Damon's actions now seem much like too little; too late.
I don't think "normal" is the question........I think "sincerity" is.
And you would be know as....?
"Poway bound" (Allentown -Billy Joel)
Well we're waitin' to get Poway bound
But we just can't get our story down.
In the courtroom Dusek's killing time,
a questionable case,
we screwed up the lies.
Well the guys thought they were going to score,
took 'em home then I checked on the doors.
Barb and Damon up there getting nude,
called 'em downstairs,
and said they were rude.
And we're waitin' to be Poway bound.
But the bailiff didn't want him around,
And Damon has to keep away-a-ay-a-ay-a-ay.
Well we're waitin' to get Poway bound.
and back to closing all the nightclubs down.
All the testimony that we gave,
dancing at Dad's,
and we didn't behave.
Now the jurors sit & stare at the wall
but the lying never helped us at all.
Other people told 'em what was real,
Barcardi and coke
and Barb grabbed a feel.
And we're waitin' to be Poway bound.
But they'll look at what they've already found.
And they'll put Da-mon away-a-ay-a-ay-a-ay.
Damon thinks he's got a pretty good shot
to get arrested just like Westerfield got.
A prosecution without the DA's race,
And all the cameras stuck right in my face.
Well I'm waitin' to get Poway bound.
And I've never turned a good doobie down,
But I won't be getting stoned today-a-ay-a-ay-a-ay.
We've been acting like a bunch of stray-a-ay-a-ay-a-ays
And we're waitin' to get Poway bound.
I think I need a break. Maybe I'll return later and it will become clear.
I find I have a lot of questions in regard to what Damon has said in this testimony. If the kids wanted there doors left open why didn't he leave them open? To say he was going to watch TV as the reason not to doesn't make sense as the bedrooms are upstairs and he was watching downstairs. Then next morning the boys are already downstairs when he comes down (at least one)he is not sure of the other. Makes them breakfast. Brenda comes down and does the dishes while Damon takes the garbage out. THEN THEY BOTH GO BACK UPSTAIRS (to do what?) AND STILL DON'T LOOK IN ON DANIELLE. IS HER DOOR STILL OPEN THE 6 TO 8 INCHES? Next neighbor kids come and Brenda makes them breakfast. I would think by 9:00-9:30 their own parents would have given them breakfast before coming to be watched by the VanDams. Now look at the next statement. Brenda tells the friend she can go wake up Danielle. Wouldn't you think the child would have come running back to say Danielle wasn't there? Damon doesn't mention this. Next he says Brenda went up to wake up Danielle.
Questions! Questions! Question! and if I was sitting on the jury I would have lots of them.
No, you did...and by saying that I've let you drag me down to your inane level of commentary.
Look, you're the one who popped up and said "Let's string him up!" without explaining why you felt the evidence was so heavily weighted against him that a trial wasn't even necessary. If you're such a "Southern Freebird," I would imagine you don't like sticking around in a place so long that your "boots get cold," so why don't you take that lonesome midnight train down to Mulletville, South Carolina where you can preach to the double-digit IQ crowd that will make you feel at home?
Perhaps you'll even get a chance to ride on the "long" bus....
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