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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

Posted on 07/13/2002 6:28:25 AM PDT by 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


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: California
KEYWORDS: 180frank; vandam; westerfield
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To: ~Kim4VRWC's~
They DON'T need a support system!! They are spoiled BRATS!! Not ADULTS!! They are adults in age only. Haven't you ever seen adults that have never grown up mentally? I have, but not as bad as Damon & Brenda are! Their "actions" say it all.
81 posted on 07/13/2002 9:55:25 AM PDT by the Deejay
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To: cyncooper
I posted last night that I would not hesitate to call 911 immediately if my daughter was not in the house or yard.

I had to do that a couple of weeks ago. My young son had gotten lost. The cops were zero help. They can't go looking for every kid that disappears.

82 posted on 07/13/2002 9:56:05 AM PDT by gitmo
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To: All
Everyone's reaction to a missing child will be as unique as your fingerprints...
83 posted on 07/13/2002 9:57:00 AM PDT by Freedom2specul8
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To: FresnoDA
Four of the girls upper front teeth were missing and others were lose,Sperber said. Those are teeth with relatively weak roots that children often knock out while playing.

OR some one slaps a child hard across the mouth. Maybe, even hard enough to kill a child.

84 posted on 07/13/2002 9:57:18 AM PDT by BARLF
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To: gitmo
Maybe your police dept hasn't yet adopted something like the amber alert. That's despicable.
85 posted on 07/13/2002 9:58:30 AM PDT by Freedom2specul8
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To: Southflanknorthpawsis
"I think about 90% of their so-called emotion is a ruse anyway."


Me, too!! And thanks for saying that.
86 posted on 07/13/2002 9:59:24 AM PDT by the Deejay
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To: ~Kim4VRWC's~
Yeah, I'm pretty pi&&ed. I'm making some complaints to higher authorities.
87 posted on 07/13/2002 9:59:58 AM PDT by gitmo
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To: the Deejay
Me three!
88 posted on 07/13/2002 10:00:28 AM PDT by JudyB1938
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To: the Deejay
"They are adults in age only. Haven't you ever seen adults that have never grown up mentally? I have, but not as bad as Damon & Brenda are! Their "actions" say it all. "

I should have answered your questions and I'm sorry I didn't. Yes, they are immature adults that have not grown up.. and I've said allthat you've said numerous times about them. They are parents who were victimized by a predator, who was probably a sexual predator. Regardless of their stupidity, if you ignore the conspiracy theories, they WERE ruled out as perpetrators...and therefore, they DESERVE the victim advocate.

89 posted on 07/13/2002 10:02:07 AM PDT by Freedom2specul8
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To: Beach_Babe
Wow that's some gator - sounds like you have some cool property too.

Anyway - your statement - "I wasn't fearful that a stranger got him." - that's how I'd feel. I think that would be my last thought - after a lot of other things - unless I had some reason to be suspicoius of that - like I had seen some stranger parked on my lane recently - or if I'd heard the child speak of a strange person lately or something - or if there were signs of a struggle where the child should be.

90 posted on 07/13/2002 10:02:55 AM PDT by mommya
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To: gitmo
Good for you!!!! You can get this done...if you feel like you are getting no where, get your city to adopt a program similar amber alert.. Our city had to have a child kidnapped, raped and murdered before they finally did something.
91 posted on 07/13/2002 10:04:06 AM PDT by Freedom2specul8
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To: JudyB1938
Nah...we turned him over to a Fish & Wildlife officer.
92 posted on 07/13/2002 10:06:07 AM PDT by Beach_Babe
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To: mommya
Gosh you guys must be lucky. Cities tend to have suspicious party calls alot. Especially around school yards. Not that long ago, right when the weather got nice, we had 3 or 4 attempted abductions in THE SUBURBS..kids walking to or from school. One actually got the victim on the ground, (a young teen) who fought back and got away.
93 posted on 07/13/2002 10:06:30 AM PDT by Freedom2specul8
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To: ~Kim4VRWC's~
That SDPD leaves a LOT to be desired as well as their forensics department. That police dept. let them off the ol' hook within TWO days!!!

Look at the Smart case in UT, the police there are still breathing down the necks of the Smart family. And we do KNOW, the parents were sleeping when Elizabeth was taken.

I am not POSTIVE just where Damon & Brenda were all during the night when Danielle was taken. Only their word for it & I personally don't believe what liars say.
94 posted on 07/13/2002 10:09:57 AM PDT by the Deejay
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To: Beach_Babe
I figured you'd have to do that. Ridiculous the way they are allowing those critters to proliferate to the endangerment of children and animals. Alligators are just as much a threat in some areas as sexual predators.
95 posted on 07/13/2002 10:10:58 AM PDT by JudyB1938
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To: mommya
I'm not sure what you are getting at with the neighbor thinking Danielle was still in bed.

From your earlier post:

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.

I thought you were saying they really took longer than 10 minutes between finding Danielle missing and calling 911 than they say. The fact that the neighbor dropped off her kids and Brenda said Danielle was still sleeping and then the subsequent discovery and phone call indicate there was not a longer interval between the discovery and phone call.

96 posted on 07/13/2002 10:12:38 AM PDT by cyncooper
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To: the Deejay
I think the SLC city police have a record of efficiency, unlike the SD police who are KNOWN to have railroaded people. At least according to what I read.
97 posted on 07/13/2002 10:12:46 AM PDT by JudyB1938
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To: ~Kim4VRWC's~
Danielle often wrote her parents letters. The last night she was seen alive, she hugged and kissed her father as he tucked her into bed.

I do not believe that . No proof ..but a "feeling" that he never tucked her in that night. he never checked her..

98 posted on 07/13/2002 10:13:49 AM PDT by RnMomof7
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To: JudyB1938
I've done some reading research about the SDPD since this trial came up and there sure are a lot of "?'" about that organization. I was flabbergasted!!!
99 posted on 07/13/2002 10:15:13 AM PDT by the Deejay
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To: mommya
LOL...I spent my first fifty years on the mean streets of New York City. Decided I'd spend the next fifty in the country and moved to rural Florida. Now instead of keeping an eye out for muggers and car jackers, I look for snakes, spiders and gators.
100 posted on 07/13/2002 10:15:17 AM PDT by Beach_Babe
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