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From the preliminary hearing transcripts: and I went 28 to Derrick's room, and he was still reading, and I asked 6371 him just to turn the light off when he was done reading, 2 because he usually puts himself to bed a few minutes later. 3 And cracked all their doors a crack. They wanted them 4 open, but I was going to watch TV. So I just left them a 5 crack open.6 Q. When you say a crack, can you estimate for us 7 about how big the opening --8 A. Six inches, eight inches............................................................................................................ A. I went downstairs. My son was already up.2 Q. Which son?3 A. Derrick.4 Q. What did you do?5 A. Talked to him for a minute and asked him what he 6 needed -- what he wanted for breakfast, and started making 7 him breakfast, pop tarts.8 Q. Then what happened?9 A. My other son -- actually I'm not positive if 10 Dylen was down there, too. I think Dylen got up a 11 little -- a few minutes later and joined us downstairs, and 12 I made him pop tarts, also, and myself a waffle.13 Q. And your wife was where?14 A. Upstairs.15 Q. After you had the little breakfast with the boys, 16 what happened?17 A. Brenda came downstairs, and I think she did the 18 dishes. She started doing some dishes while I took some 19 garbage out.20 Q. Where's your garbage?21 A. The garbage cans are on the side of the house 22 outside the garage, side door.23 Q. Then what?24 A. We went back upstairs for a little while.25 Q. After that, what happened?26 A. Came back downstairs, and she started to make 27 breakfast for the other kids. The neighbor's kids came 28 over. 6511 Q. Was something supposed to happen with the 2 neighbor's kids?3 A. Yeah. We were watching the neighbor's children.4 Q. About what time was it that the neighbor kids 5 came over, if you can estimate?6 A. 9:00, around 9:00.7 Q. When they got there, what happened?8 A. They played some with the boys, and Danielle's 9 friend asked about Danielle. So Brenda told her she could 10 go wake Danielle up.11 Q. Is that where you thought she was? Where did you 12 think Danielle was?13 A. In bed.14 Q. Was that unusual for her to sleep that late?15 A. No. Not at all.16 Q. Why not?17 A. She was always the last one up.18 Q. Then what happened?19 A. Brenda went up to wake Danielle up, and found she 20 wasn't there. Called down to me, asking where Danielle 21 was, and I said in bed, and we started to search for her.

I find I have a lot of questions in regard to what Damon has said in this testimony. If the kids wanted there doors left open why didn't he leave them open? To say he was going to watch TV as the reason not to doesn't make sense as the bedrooms are upstairs and he was watching downstairs. Then next morning the boys are already downstairs when he comes down (at least one)he is not sure of the other. Makes them breakfast. Brenda comes down and does the dishes while Damon takes the garbage out. THEN THEY BOTH GO BACK UPSTAIRS (to do what?) AND STILL DON'T LOOK IN ON DANIELLE. IS HER DOOR STILL OPEN THE 6 TO 8 INCHES? Next neighbor kids come and Brenda makes them breakfast. I would think by 9:00-9:30 their own parents would have given them breakfast before coming to be watched by the VanDams. Now look at the next statement. Brenda tells the friend she can go wake up Danielle. Wouldn't you think the child would have come running back to say Danielle wasn't there? Damon doesn't mention this. Next he says Brenda went up to wake up Danielle.

Questions! Questions! Question! and if I was sitting on the jury I would have lots of them.