Judge Allows Danielle's Dad Back In Court: (Damon was banned for MAD-DOGGING Westerfield!)

North County Times-San Diego ^ | July 13, 2002 | Kimberly Epler

[FresnoDA]

Judge allows Danielle's dad back in court

KIMBERLY EPLER
Staff Writer

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.

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

[SouthernFreebird]

You people are so full of yourselves.....it's just not worth replying to.... You see yourselves superior to us ignurn't southerners .....so be it, I think i'm gonna grab mu jug of hooch,put on the sheet and find me a nigra.....sounds like a plan for a good ole southern saturday night.....YeeeeeeHaaaaaah outta here

[the Deejay]

Thank you so very much!! For posting the background links to the Dale Akiki stories.


So unbelievable, yet I know it's ALL FACTS. I cannot find words to express what an AWFUL PROSECTION was done to him. Well, that DA got what was coming to him and rightfully so. I'm so glad all worked out well for Dale Akiki and he was aquitted of all 35 sex abuse charges. (That jury didn't buy the bill of goods the DA tried to sell them. I do pray this jury will use the same common sense.) I want to see the vdams have a REAL CRY!! LOL!!

[MizSterious]

Cross-posting--from the Refugee site (twit-free, troll free and well over the border from the dufus zone)--

A note to myself and others--

Much has been made of the claim that DW had been "rejected" by BVD and the rest of her little bar crawling coven of floozies. But if you read all the bar witness statements, it becomes very clear that the members of the coven were the rejected ones. Couldn't get dates with the men OR the women. If you believe what DW said (and I'm starting to think he's the one who's telling the truth), he rejected BVD too.

That was supposed to be DW's motive for killing Danielle, according to a lot of people--to get revenge for being rejected.

But all the evidence suggests he was not rejected. Barbara, Brenda and Denise were. Over and over.

[the Deejay]

gawd!! DW had NO INTEREST in BVD or Duh Knees! Why can't people get that straight?

BVD IS TOO FAT for DW. He said so in nicer terms, however. AND....Duh Knees is "Too young."

DW is not the sort to go off the deep end for feeling "rejected" by anyone! He didn't do that when Susan L. left him a second time.

What part of any of that is sooooo difficult to understand?

[theirjustdue]

"and will we ever get the answer? No cuz the leak is weak...

Glad to see you've given it some serious thought, Kim.

I may not agree with your list of possibilities, any more than you agree with mine, but you are correct in that we will probably never know this persons true motive, or identity.

I personally believe this person was, as RR stated, very likely to have been "high in law enforcement", because of his/her accurate knowledge regarding such a very sensitive subject. This is not something your average LEO in patrol division would ever have been privy to.

I also believe, it is more likely that he/she was a sworn officer vs. a civilian employee. Very few civilian employees of a metropolitan police department, would ever be referred to as "high in LE". This, BTW, is an educated opinion, based on my experience as a member of the Fire Chief's personal staff (structured nearly identical to the PD), of a large city, comparable to SD. Nonetheless, it is still just an opinion.

Regarding "the leak is weak", I would have to disagree with you on that account. Whatever the motive, it took some real guts to risk going to the press with it, and being "high in LE" means he/she had even more to lose in doing so. Whatever the reason, right or wrong, my guess is that "the leak" felt compelled by personal conviction and not by divisive intentions in making such a decision. But then, that's strictly JMO.

[countess]

Good point, Miz. Even by doubling the odds and going after both sexes, those aging tramps couldn't score that night, except with each other. The DW rejection = baby killer theory is laughable.

Thanks for the cross-post.

[Rattlins]

Yes, the SDPD is very questionable, you may see more of this when the trial resumes! This is a highly political case, the only thing that will get the DA re-elected!
Stop and think how they zeroed in on Westerfield so quickly?
Who provided the leads? Do you think that on the day he returned home, there was enough evidence to confront him and search his Motorhome? And, by the way, the dog was in the motorhome and did not react! Now, tell me, any oder from this child would have been readily apparent to the dog, motorhomes are not known for airing out, or even forced ventilation!

[dread78645]

BVD IS TOO FAT for DW. He said so in nicer terms, however. AND....Duh Knees is "Too young."

I'll agree with Denise being too young, but Westerfield is what ? 210 lbs himself, I wouldn't think he'd have an objection to wide-glide Brenda.

My bet will be that she is married --and after seeing the behavior at the bar, he decided not to not to mess with any of them, including Barb.

Never get involved with a woman who has more problems than you.

[spectre]

DW was smart, suave, had a beautiful home, pool, motor home, and all the bells and whistles that go with it. The man was an attractive "catch" for some woman who was on the prowl for a good life-style.

He had no reason to go into a panic mode if he was "rejected", which is laughable, considering his taste in women was far above the Van Dam crew...He bought them some drinks, they accepted..he stared at them for awhile, probably wondering about the freak-show he was watching.. and he went home, alone. No big deal...

I think they were the one's rejected...you're right, Miz.

[the Deejay]

"I'll agree with Denise being too young, but Westerfield is what ? 210 lbs himself, I wouldn't think he'd have an objection to wide-glide Brenda."


But this is what he told the police about his preferences for women. BVD is too heavy/not his type. Hey, even heavy men, like slim/slender women. Susan L. is slender & I would guess his other women are as well. Also, BVD is married.

[alexandria]

OH!...PHHEWWT!!(wipes pepsi off monitor)
Well now, Ahhemm! Badd Fres, Badd! *giggle* *giggle*

[the Deejay]

Lest we forget, BVD was trying to get that one guy to go home with her.

Barb was feeling up Brenda & Yvette (Yvette didn't even know Barb.) Remember, Barb was reaching into Yvette's blouse to retreive the ice? But of course, BVD DENIED Barb was touching her.

Also, Barb was trying to make it with Cherokee Youngs. Hmmmmm? How 'bout those antics?

[alexandria]

I also feel this is the way it went. I also seriously feel that there was some hard feelings when BVD came home empty handed. This was a planned event, IE. BVD was out to score for herself and hubby and didn't. That's most likely why when she wouldn't let him and Barb have their fun and he put a damper on the whole party. Wonder if maybe they had a loud arguement later that Danielle overheard?

[bvw]

No fresh meat so they had to draw down from the family cupboard so to speak ...

[the Deejay]

"Wonder if maybe they had a loud arguement later that Danielle overheard?"


According to Brenda's testimony, Danielle was a sound/heavy sleeper.

[alexandria]

No fresh meat so they had to draw down from the family cupboard so to speak ... I was thinking more along the lines of the child running out of the house to get away from mom and dad fighting, and then realizing she could get in BIG trouble for being outside coming back to house just as dad slams out of the house jumps in van and roars out the driveway not seeing her behind him. PANIC! and the story unfolds. IE you do not have to have bones broken for someone to die.

[alexandria]

According to Brenda's testimony, Danielle was a sound/heavy sleeper.
LOL! According to BVD, Danielle had blond hair, green eyes, and was six feet tall.

Emphasis on, I belive, her words per 911 tape.

[John Jamieson]

".....her blood was found on him..."

Boy, the things I learn on this forum! I did not know this!
Last I heard there was one drop of maybe blood on the MH floor and one drop of something on his coat, maybe drool. The coat may have stored over the drivers seat in the MH.

I hadn't heard at all, about the blood on Westerfield. Did I miss this testimony or is the prosecution going to bring this terstimony in later? Where did you hear about?

This is certainly the kind of evidence that can convict him. I'm so glad you found it.

[sunshine state]

I would like to address one point in your post. In re: to the wife swapping. One incident of wife swapping was testified to by Denise. Hoever, Damon also tesitified, I believe, or admitted to law enforcement, that he also slept with Barb. We don't know when that occurred. I think someone also posted that they had just recently joined Club CB, but I don't know if that is true or not. It may just have been those two incidents or it may have been more. I don't think we're ever going to know how prevalent the swinging was, unless the judge deems it relevant to the trial.

[John Jamieson]

Hope it's allright if I answer too! This is a forum.

Yea, I thought he probably did it, UNTIL THE PROSECUTION WITNESSES PROVED HE DIDN'T.