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

[Henrietta]

No one could possibly sneak in and out of a home where the parents are wasted on alcohol and pot. Just couldn't happen.

Right. Especially not a guy who, by his own admission, was very drunk and probably had lost some of his coordination. And let's not forget, he amazingly snuck in and out without leaving a trace of evidence or scent for the search dogs to pick up. Stealth Ninja, indeed!

[Freedom2specul8]

Well, according to some he should be on trial...The defense has shown the conservative jury members that the parents weren't conservatives, weren't self-disciplined, were selfish pot smokers, and the home might be vulnerable to outsiders because of the things brenda said at the bar and damon isn't on trial...See the connection? Oh Damon's on trial, but in a different way. He's been on trial since the LEO leaked the info to rick roberts. The LE leak's mission is accomplished.

[MizSterious]

Southern--actually, up until the trail began, the van Dams were quite cozy with Mr. Westerfield. Brenda smiled at him and called him "Dave" during the preliminary hearing. Does that strike you as odd? It does me. If I really thought someone had raped and killed my daughter, I would have referred to him as that (expletive deleted) who killed my daughter--someone would have objected, it would have been sustained, so the next time I would have referred to him as that (expletive deleted) murderer--and after all the objections and sustains, I would have finally settled on "Mr. Westerfield"--said through clenched teeth and glaring at him with pure, unadulterated hatred.

Brenda and Damon had to be coached to learn how to do that. No one had told about how truly grieving parents would behave yet when the PH was held. The DA's office no doubt took care of that chore by the time the trial started.

[MizSterious]

Another good one, Fresno!!

[FresnoDA]

Did you catch this other Aerosmith parody...LOL

Aerosmith

DUDE LOOKS LIKE A LADY

(Parody title: That DAMON Dude Is Crazy)

Chorus:
That, that Damon dude is crazy...
That, that Barb is looking hazy...
That, that Duh-knees flys for South West..
That, that Brenda's wearing kick pants..

Cruise into Dad's Cafe in Pow-way
Shooting pool and acting all goof-ey
A tight red blouse...two sizes too small
A cue stick held tight, gonna boogie down tonight.
That's right

That, that Damon dude is crazy...
That, that Barb is looking hazy...
That, that Duh-knees flys for South West..
That, that Brenda's wearing kick pants..

Back home in Sabe Springs it's quite late....
Pizza party staying up late....
The blinking lights are tripping them out....
But Barb and Dam, really jamming it away. Yea.

That, that Damon dude is crazy...
That, that Barb is looking hazy...
That, that Duh-knees flys for South West..
That, that Brenda's wearing kick pants..

Dam and Barb on the  covers....
Keith thought she would soon be his lover...
Duh-Knees toking hard on a joint....
Brenda getting mad..time for good boys to be bad..AD!

That, that Damon dude is crazy...
That, that Barb is looking hazy...
That, that Duh-knees flys for South West..
That, that Brenda's wearing kick pants..

(Remainder of song works just fine...no words altered!!)

So baby let me follow you down (let me take a peek dear)
Baby let me follow you down (do me, do me, do me all night)
Baby let me follow you down (turn the other cheek dear)
Baby let me follow you down (do me, do me, do me, do me)

Oo, what a funky lady
Oo, she like it, like it, like it, like that.
Oo he was a lady!

Chorus
Chorus

Dude, dude, dude, dude looks like a lady
Dude, dude, dude, dude looks like a lady
Dude, dude, dude, dude looks like a lady
Dude, dude, dude, dude looks like a lady

 

[spectre]

Kim, what kind of classless people run outside and verbally harass innocent people who are looking to buy the house a couple of doors away? Do you think this is "sane"?

Guess what Kim? Feldman owns that house .. and he has it documented in COURT, that the immature, mad-dog, Van Dams are interfering with the sale of HIS home...and Kim, Feldman can sue the holy crap out of them for this. How sweet it is...

sw

[mommya]

I too think something is strange about how quickly the VD's called 911 and what was said.
Suppose for a moment that you and your spouse are recreational drug users - so much so that you reverse a lock on your house to keep the kids out. Now you wake up in the morning and shortly therafter - at 9:00am - you look into your kid's room and find them not there. Nothing is out of place - no sign of a struggle. It is not the crack of dawn - it is late in the morning.
If I am them - the first thing I do is ask my other kids if they know anything - look around the house, inside and out. By now I'm really nervous. I'd probably get on the phone and call any friends or relatives in the area who she may have for any reason gone to. I'd have them look all over thier places and call me right back. I'd have hubby out in the neighborhood - not just wandering around aimlessly - but looking in likely places - the park, the schoolground, any neighbor's yards where she's been known to go or has shown an interest in. A few calls might come back to me - "I've looked for her over at my place and she's not here - Do you need me to come over - what can I do to help?" Now I'm totally frantic. Hubby comes back with no news - didn't see her.
Now I know this part will not be looked at as the "right" thing to do - but it's logical - and it's what I would do. I still don't know what has happened - but I'm going to have to call police - before I do that - I'm going to make a panicked trip around the house and get rid of or hide any drugs and/or paraphanalia. After all - she may show up at any time. I would not be thinking the worst at that point - I'd just be scared - but I wouldn't want my life torn apart over my drug use if she was found later that day.
So if Danielle was truly found to be gone at like 9am with a ten minute gap before the 911 call - I find that odd. Ten minutes is not enough time to do all those things I mentioned. I actually think they did do the stuff about getting rid of incriminating things - like drugs. But it seems like they thought the worst so soon. If I would have found her missing - not in her bed at say - 3am or something - A quick search around the premises would have been enough - I'd have called 911 quickly - but at 9am - it would have taken me longer.
Sorry for the long ramble.

[FresnoDA]

HOTEL CALIFORNIA
The Eagles

ON THE ROAD TO DEHASA!!!
(Parody by FDA)

On a south desert highway
Winter wind in his hair
Faint taste of tequila
Rising up in his throat
Up ahead where the road bends
He rode a mountain bike, twice
He quickly down shifts and applies the brakes
He can't get caught, and he won't!

The deed is done in a minute...
There is remorse, but not much...
Circumstances simply got out of hand...
Life's no more Heaven it's Hell

Then she lit up a "doobie"
And she showed me the way
There were voices down the corridor
He heard them whisper and say

He's been at the Road, down near Dehasa...
Such a lonely place
Such a lonely place (background)
For a resting place......
Frightening place, on the road down near Dehasa....
At this time of year
At this time of year (background)
Creepy crawlers there...
Creepy crawlers there...

Her mind is focused on swinging....
She drives an Ex-pe-di-tion....
She goes to lots of sleazy, sleazy clubs..
By invitation alone....
Sometimes they meet in the courtyard
Some, times they sweat
Some swing to remember
Most swing to forget

They had to call Dianne Halfman
To please help them deny
She said:
We must entangle someone else, but simply don't have the time.....
And internet voices saying..... from far, far away
Posting data in the middle of the night....
Nearly all will say......

They've been at the Road, down near Dehasa...
Such a lonely place
Such a lonely place (background)
For a resting place......
Horrible things, on the road down near Dehasa....
From their pack of lies....
From their pack of lies (background)
Building alibis

Strange knobs on the garage door....
Different grades of hash....
She said
We are all participants here
Of our own desires

And in the master's chambers
Barb sat on the sheets....
She claimed their act was trivial then...
But they can't de-ny the heat.....

Last thing she remembers
A child runs for the door
Vainly searching for safety....
Relax said the dark one....
We EXIST to be pleased.....
Collateral damage in the neighborhood...
Shift the blame down the street......

They drove to the Road, down near Dehasa... 
Such an evil place
Such an evil place (background)
For a resting place......

Horrible things, on the road down near Dehasa....
From their pack of lies....
From their pack of lies (background)
Crumbling alibis

Horrible things, on the road down near Dehasa....
From their pack of lies....
From their pack of lies (background)
Crumbling alibis

The End

[FresnoDA]

BUMP TO YOUR RAMBLE....FDA

[Ditter]

I don't like DVD anymore than the rest of you do, but not allowing him in the courtroom because he gave mad looks at the man accused of murdering his daughter? GIVE ME A BREAK HERE! This is as bad as the thought police. "DVD looked at me, waaaahhhhhh He LOOKED at me!"

[MizSterious]

Mommya--here's a true story about premature 911 calling! Someone in our state (upstate I think) noticed their daughter missing--they had just started the "Amber" program, where notices of missing children are broadcast statewide immediately. So the girl ended up on the Amber broadcast, and everyone's tv and radio shows were interrupted for the alert. Within the next hour, with very red faces, it was announced the "missing" girl was at a friend's house, had actually left a note, but the mother didn't see it. Most embarrassed of all was the girl, no doubt!

[bvw]

Here's a song title in reply: B. I. N. G. O. !

[mommya]

You are good Fres. The Eagles, Aerosmith - I will never hear some of my favorite songs in the same way again.

[MizSterious]

Ditter, when they post the transcripts over on the U-T, I'll ping you and post it here--but it wasn't just dirty looks apparently. The security staff at the courtroom was alarmed, according to the judge--and the judge also mentioned that he'd talked to Damon a number of times, and Damon hadn't "improved." It leaves me wondering if there might have been more than just "dirty looks."

[Freedom2specul8]

what kind of classless people run outside and verbally harass innocent people

I missed this, & need more info

[EllaMinnow]

The threadhounds NEVER sleep, do they?
Too paranoid to close an eye....

[MizSterious]

It was in Thursday's court session (no jury present).

[MizSterious]

One nice thing about hounds: they can be housebroken. To my knowledge, jackals cannot.

[spectre]

That's an easy answer Kim..just scroll up and try to READ the above article. Aside from it being in print, I actually saw Feldman present this to Judge Mudd on the motion against bringing Damon back to court.

Are you saying you think it's a pack of lies? LOL!

sw

[spectre]

Trolls don't sleep either.

sw