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

[the Deejay]

"Or he could have easily overheard it at the bar."


Either way, it doesn't matter. The statement went from BVD'S mouth to DW's ears. Besides, I thought it was too noisy in Dad's to overhear much at all. One had to be face to face & shouting. So went the testimony of the bar patrons.

[John Jamieson]

I don't believe I'd ever heard of RR before I heard the prosecution bring out exactly the same information with even more detail in court. I think the parent's life style is very pertainent to possible third party perps.

[Freedom2specul8]

"I know judges never put number on it, but what error rate should the jury shoot for: 1 in ten, 1 in hundred, or 1 in thousand wrong convictions? If you are willing to accept 1 in ten then the jury could be told let him go "only if there is overwelling doubt". One in 100 might require "resonable doubt" and one in a thousand might "any doubt at all". I personally think our jury system probably does operate at about 1 in 100 innocent convictions. What do think? "

If you're asking how many times the jury should convict the wrong guy....Zero!!! But, tell me do we allow for human error in the only justice system we know? If so how?

[cyncooper]

Which non-cable media outlet do you think will get repubs equal time..

Hmmmmmmmmmmmm. Thinking, thinking...

[gigi]

I guess Beth Karas musta forgotten about that part of the trial. I'm checking on BVD's cross by Feldman and will post when I find it.

[the Deejay]

I wonder how many other strange men or women Brenda had successfully invited and brought home, on prior visits to Dad's? The judge won't allow anything further pertaining to this night into evidence.

[cyncooper]

In spite of the fact, they were having a good weekend together

I hardly think that is what they were getting at. It sounds like DW said this and BVD told the cops she hadn't told him so they put in the affidavit that he had info he shouldn't have.

Now, I remember her testimony where she states she may have told him. But nobody is saying in any way shape of form she was there willingly and "having a good weekend together".

[John Jamieson]

Surely you don't believe we acheve ZERO. My question was how tight "reasonable doubt" should be interpreted, to acheve the desired result. If 0 is the goal, we could convict no one.

Don't get mad at me for asking a logical but tough question. If you want zero wrong convictions, you surely would have to let DW go, because even you must have a sliver of doubt.

[John Jamieson]

No, I think the judge will allow other things on this night but not before.

[the Deejay]

How would DW know all about the upcoming dance, if Brenda hadn't told him? How would DW know how Damon felt about his daughter growing up too fast? Danielle wouldn't know that. And when would Danielle have told this to DW? Hmmm?

Brenda said, "may have told him" to bloody save face, for heaven's sake. That's very plain to me.

[the Deejay]

That's what I meant to say. (It's getting late in the evening for me.) LOL!

[Freedom2specul8]

I really do understand ..but the defense hasn't proven that strangers were in the house. Roberts made it sound like they had a big sex party that night.

http://www.freerepublic.com/focus/fr/626093/posts?page=27#27
No one has proven that they brought strangers in the house all of the time..no one. ErickOKC is on that thread...you'll get a kick out of him..

[shezza]

Don't forget the Layla hair in the RV. DW took the dog along too!

Man, that was some trip!

The Wanderer
Well I'm the kind of guy
Who roams from town to town,
I just like to go
Wherever all my friends are found.
I share all my little sand toys,
And they share theirs with me.
We like the sun and sand and surf
And beaches by the sea.
They call me the wanderer, yeah the wanderer,
I drive around around around around around.

Sometimes I go with family,
Sometimes I go with friends,
Sometimes I go all by myself,
It really just depends.
And if ever you should ask me
Where I plan to camp next time,
Well, I won't know 'til I get there
If the weather is sublime,
'Cause I'm the wanderer, yeah I'm a wanderer
I drive around around around around around.

Well I roam from town to town
Looking for the perfect site
And I won't decide to stay
Unless everything's just right
(Just looking for fun)

Well, I'm the kind of guy
Who likes to roam around,
I'm never in one place too long,
I roam from town to town,
And when I hear that I've been fingered
For the killing of some girl,
I want to hop right in my motorhome
And escape this crazy world.
They call me the wanderer, yeah I'm a wanderer,
I roam around around around.

They call me the wanderer, yeah the wanderer,
I drive around around around around around.

[cyncooper]

I wasn't arguing that he hadn't gotten the info from Brenda! Re-read my post. I was saying the implication of the affidavit was not that Danielle was there willingly and having a good weekend with DW.

[Freedom2specul8]

I can't answer that..it's a logical yet EMOTIONAL question. Just like the death penalty.

[the Deejay]

HAHAHAHAHAHAHA!!!! That's very good indeed!! More often than not, people with RV's and the like do just that!! They just head out for parts unknown, no plans, just roam! Just to get away for a day or two/week or two. They don't have to be concerned with not being able to get a room in a motel, in case they're full up.

[Jaded]

Read your constitution. It is the PROSECUTION's job to show he is guilty NOT the Defense's job to show he's innocent.

[John Jamieson]

I don't think there is any doubt the Brenda and Barb wanted a big sex party in the house that night! I'm sure that Feldman made a note of this. He has plenty of witness time left. We may see some more people we never heard of before.

[Freedom2specul8]

If the defense is going to say the PARENTS of a murdered 7yr old brought STRANGERS in the house all the time, he better prove it and not leave the jury thinking that bvd was just a stoned tipsy (or drunk..whatever) flirt. That's how he left them hanging.

[John Jamieson]

Very good. How about "Who let the Dog in?"?