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

[Karson]

received and replied. Thanks!

[Jaded]

Some of the newer ones were probably invited over from The Ned Forum. The venom and name calling is much the same. Then again they could be from the DU.

[cyncooper]

She says "they're green" present tense, is that what you mean?
Did you read along with the transcript? Then it will be clear that she is saying "60 pounds".

[Jaded]

Here it's grand jury only that gets to question.

[cyncooper]

Interesting isn't it? Between Condit and such I am glad to know that grand juries really wield a great deal of influence on investigating a case, though lawyers say the DA'a office guides them, of course. It is good to know the way it works in case any one of us ever gets on one!

[Karson]

Aside from whether or not she said "they're green" present tense or if she said "they were green" past tense, why did she say green? Weren't Danielle's eyes blue?

[cyncooper]

Obviously Brenda considered them green. My brother has green eyes, but green eyes can be considered a shade of blue (They're rarely emerald green, for instance) if that is how her eyes are officially listed somewhere.

[Rheo]

Wonder why if BVD considered them green, they used blue eyes on all the flyers and promo's.

[Karson]

If descriptions for missing children are important, Brenda flubbed up bigtime. She said Danielle had brown hair and green eyes but as you pointed out, all the other stuff described blonde hair and blue eyes. Even Danielle's friends mothers talked about her blue eyes.

Personally I have a hard time looking at her eyes in her photos because they look so sad to me.

[Karson]

post 409 was partially in response to your post also.

[Jaded]

Put on your thinking caps... who is it a description of?

[Krodg]

She says "she's probably about 6 feet tall". Then she says she's not sure and aks Damon how tall she is. This is not the same time that 60lbs was mentioned. I've listened to it at least 20 times tonight. Also, I do hear a dog bark.

[Karson]

I don't even need to put on my cap. Jumped out at me purty quick when I first heard the tape.

[Jaded]

Recently HPDO and I were talking about it. He said grand juries can ask any thing they like. As opposed to say, regular court where scope is limited. Apparently that is why somethings are no-billed and the peeps scratch their head, because, I know this is hard to believe, but the news doesn't tell both sides or sometimes even the truth.

Last jury I was on, I kind of wished we could tell the attorneys to shut up and just ask questions ourselves. Would have been much easier, much less b/s.

[Karson]

I've listened to it several more times tonight too --- thanks to you! You really have a knack for catching stuff, don't you? :-)

[Krodg]

Who've you been talking to tonight? BTW, what do you think about the tape?

[185JHP]

Two other indicators against him you didn't mention: barefoot at the dry cleaners (don't need to draw you a picture about THAT, do we?), and, whatever he was wearing, ahem, below the waist, was THIN!

[Rheo]

He surely does!

[Stiv]

Your right about one thing.
1:) It's "you're," not "your."

Westerfield is no innocent.....her blood was found on him... and in his motorhome, that alone would do it for me....
2.) I never said Westerfield was an "innocent." Regarding your reply, no one ever claimed blood was found "on him." A few drops -- a precious few at that -- were found on the jacket (see my earlier post about that) and in the motor home (see earlier post). The "CHILD porn" is definitely questionable as to who downloaded and who viewed; in fact, I find it INCONCEIVABLE the defense did not point out that it is entirely possible to dowload MULTIPLE binary files (and I mean hundreds if not thousands) via USENET to a folder and never view them...i.e., you would have no idea what they contain from the file name. To put it bluntly, fat Dave could have marked a thousand binary files to download from a USENET newsgroup, gone to bed as they downloaded, and then never looked at the plethora of pulchritude(sp?) he had on his "hard drive."

What other conclusion / explanation could there be?
3) There are a multitude of conclusions/explanations, many of which are more viable than an extremely drunk fat guy disabling an alarm system, wandering in a house without alerting a Weimariner, abducting a child, AND LEAVING NO EVIDENCE OF HIS PRESENCE.

Many here don't like the VDam
4.) I have no opinions about the van Dams. I do, however, understand the concept of "guilt beyond a reasonable doubt." You, sir, do not seem to grasp that concept.

SoI guess I will head back to mulletville North/SouthCarolina where we don't cotton to perverts who rape and kill our babies.
5.) To my knowledge, there are no cities /states that "cotton" to "perverts" raping and killing their babies, and my remark about South Carolina was admittedly out of place (I live in NC, BTW). But I think even you would agree we need to PROVE someone guilty of a crime before we KILL them. Or at at least I hope that's what you think.

In the spirit of debate... Stiv

[Karson]

Let's just say I hope the jurors play the 911 tape for themselves, without the transcripts, before they reach a verdict. Let's hope they play it over and over. I notice something new almost every time I hear it. Better without the transcript to "guide" you into thinking BvD said something that she didn't really say and vice versa!

After a full day and evening of baby-sitting 2 small grandchildren, I have foolishly stayed up way past my bedtime, again. Goodnight.