BREAKING: BRENDA VAN DAM DANCED WITH WESTERFIELD: (Modern Day Westside Story?)7-9-02 Trial Watch

(07-08-2002) - Three defense witnesses testified Monday that Brenda van Dam and David Westerfield, the man accused of murdering 7-year-old Danielle van Dam, danced together the night before the girl was discovered missing.

"Mr. Westerfield and Mrs. van Dam were dancing," said Patricia LePage, describing the scene at Dad's Cafe and Steakhouse the night of Feb. 1.

Since the prosecution introduced hair and fibers found at the defendant's house and motorhome, the defense has tried to show the evidence could have been transferred in some other way, such as dancing.

The 50-year-old defendant would face the death penalty if convicted of kidnapping and killing Danielle van Dam, who lived two houses away in Sabre Springs. He is also charged with misdemeanor possession of child pornography.

In testimony near the beginning of the trial, Brenda van Dam told the court she did not dance with Westerfield.

But LePage said van Dam rubbed her hips and chest against Westerfield during several dances together, recalling the movie "Dirty Dancing." That was just part of what LePage described as "frisky" behavior exhibited by van Dam that night.

LePage said she was in a smoking lounge at Dad's with her daughter, Cherokee Youngs, when van Dam came in and struck up a conversation with the younger woman.

"Well, she did ask my daughter if she liked girls," LePage said when asked to describe the conversation. Van Dam, she said, asked Youngs if she wanted to come to her house for a party later that night.

Youngs testified about the encounter last week.

Duane Blake, a fisherman who said he goes to Dad's a couple times a week, said he caught a glimpse of the defendant dancing with van Dam.

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Blake confirmed an interview with the District Attorney's Office, in which he described their dancing as, "huggy, huggy." He testified he even thought Westerfield might be trying to pick up on van Dam.

Earlier Monday, another woman testified she saw Westerfield dance with Danielle's mother.

Glennie Nasland, who began her testimony last week, said she was on the dance floor and saw the pair turn toward each other while dancing with other people.

Nasland, who described herself as a friend of Westerfield, said she watched them for 20 seconds before they turned away again.

In other testimony Monday, Dave Laspisa said that going to the desert to look for friends, and without bringing an all-terrain vehicle, was not an unusual activity for Westerfield.

The witness, a self-employed Poway man, said he's known the defendant for 15 years and has camped with him near the Imperial County community of Glamis for 10 years.

The witness was one of several people who testified as the defense began to move away from what happened at a Poway night spot the night before Danielle was discovered missing Feb. 2 to Westerfield's weekend wanderings.

Westerfield's attorney, Steven Feldman asked Laspisa to explain why someone would avoid Interstate 8 while taking a motorhome to the desert. Laspisa said high winds and black ice were common on that route, which traverses altitudes over 4,000 feet.

Heather Mack, a security guard at Coronado Cays, testified that she saw Westerfield drive his motorhome into the exclusive neighborhood in the afternoon or evening hours of Feb. 3.

Mack said Westerfield smiled and waved at her as he drove past her security kiosk, but she never saw him again.

The witness told Dusek that she originally told a police officer that she "vaguely remembered" seeing the defendant's recreational vehicle.

Glen Seebruch, an engineering manager at Nokia, testified earlier that Westerfield called him the morning of Feb. 1 and told him he planned to go to the desert that weekend.

Feldman, told Judge William Mudd that his case may be completed by the end of the week.

Insect expert David Faulkner is expected to testify about how long the victim's body may have been in the East County before volunteer searchers found it on Feb. 27.

Feldman has said Westerfield would have had no opportunity to dispose of the body because he was under constant police surveillance from Feb. 4 until his arrest Feb. 22.

From NUMEROUS WELL INTENTIONED AND THOUGHTFUL FREEPERS..

John Jamieson and Valpal1's comments

Combining your excellent posts...along w/some extra comments

Here's what I think the prosecution has proven "beyond a reasonable doubt":

1. What.. Homicide and kidnapping

2. Who - deceased victim Danielle Van Dam

3. When - Sometime between 2/1 and 2/17 (Exact date and time of death and date and time of dumping both unknown)

4. Where removed from her home-, and killed somewhere within the area between her home and body location on Dahesa Rd.

5. How - Exact cause of death unknown. More than likely suffocation, determined by elimination method Danielle van Dam is dead, her pajamas were removed and her nude body was illegally dumped off of Dehesa Road Person(s) who dumped her is also unknown, But a suspect was arrested and charged. Manner of death is also unknown, posion, drugs, stabbing, strangulation and bullet have been elminated. ME could not elimate suffocation.

Young girls don't just die, she's seven, not seventy-seven. Accidental suffocation of seven year olds generally involve appliances like refridgerators or accidental asphyxation by caught clothing. Course, it's highly unusual for children to disrobe for hide-n-seek or for corpses to shed clothing that strangled them, so nudity in an accidental suffocation is a red flag to investigators and most manuals will tell you in such cases to look for pornoghaphy and autoerotic paraphanalia. Although that would also be highly unusual behavior in a seven year old as well.

There is ample proof that she had no organic desease or defect (natural causes). Claims that she could have died by her own acts of misadventure do not explain the location of the body. Claims that her nude body was placed there to cover up an accidental death that no one caused lack basic logic.

Either the minimal forensic evidence in DW's home and RV was left there through prior casual contact (cookie sale) and transference or it didn't. But it most certainly did not get there by Danielle wandering over and accidently suffocating in the nude while no one was around

6. Why - Criminal intent or to prevent discovery of other crime (felony murder).

Motive --Possible sexual assault

7. Defendant --David Westerfield, neighbor of Danielle.

8. Known previous contact--Danielle van Dam was once in David Westerfield's home to sell him girl scout cookies. Brenda and DW had spoken in a bar and grill called "Dads" on 2 separate occasions.. Stipulated by both sides.

9.Known evidence --Danielle's dog hair, her hair and blood found in motorhome. Blood from both Danielle and David Westerfield on DW's jacket. DW had scratches on his arm and possibly legs. Fibers with common source.. found on or near Danielle's body and David Westerfields home. Child pornography, both legal and illegal found in DW's home office. Danielle was found nude, with her necklace on. Various fibers, hairs vegetative growth located on and around her body.

Special Notes

Danielle van Dam may have been in David Westerfield's motorhome.
Layla the dog may have been in David Westerfield's motorhome.
Danielle may have bled slightly in that motor home and on DW's jacket while possibly sneaking in there with or without the knowledge of her parents or david westerfield. (Date and time undetermined. Location of jacket also unknown.)
David Westerfield and/or his son Neal has an interest in computer pornography that might have included child pornography that was illegal at the time. Something was viewed on DW's computer while DW was being voluntarily interviewed by investigators. (Child pornography laws were effectively gutted by a SCOTUS ruling after DW was charged. No books, video tapes, films, magazines, etc were found to strengthen this assumed perversion arguement.)
David Westerfield took a strange weekend motorhome trip, the details of which are verifiable with credit card reciepts, cell phone records and eye witnesses. (no proof was offered that DW even passed by Dehesa Road)
David Westerfield, single and twice divorced, has alcohol related problems, along with his mother. His mother and sister called him and his dad horndogs...they were unable to control certain inpulses, whether it related to alcohol or women..Possibly sexual urges uncontrollable.
The vanDam parents and a few of their friends lived perverse life style prior to the event..that included wife-swapping, lesbianism, bi-sexuality, drinking alcohol and smoking joints.
Brenda vanDam feared that Barbara Easton would somehow (undefined, could be emotionally or physically) hurt Danielle vanDam. Some would say that for whatever reason, Brenda did not want drunken barbara around Danielle that particular day.
(The whole thing makes you wonder: If Dave Westerfield's little 7 year old daugther went missing on 2/1 would the vanDams be on trial now?)

With respect, the prosecution has also introduced at least the following evidence: 1. Search dogs alerted at the defendant's home but not at other neighborhood homes.
2. When the defendant arrived at the Strand, he remained in the motorhome for several hours with all the curtains drawn.
3. The defendant lied about his reasons for leaving the Strand.
4. The defendant lied about his reason for returning to Poway after leaving the Strand.
5. The defendant twice used the pronoun "we" when describing his travels on the weekend Danielle disappeared.
6. The person who helped dig out the motorhome in Glamis thought he heard another person in the motorhome.
7. Trace evidence of Danielle was found in the defendant's bed, not just in his motorhome.
8. The motorhome was usually parked offsite, except when it was being loaded or unloaded.
9. Danielle, as a rule, did not play outside of her back yard without adult supervision.
10. Danielle's blood was found on the defendant's jacket and on the carpet of his motorhome, and the defendant sought to have the jacket cleaned at the earliest possible moment following his return from the desert.
11. The defendant, who was usually friendly, if not jovial, with the employees of the dry cleaner, was withdrawn and unable or unwilling to meet their gaze as he turned in the jacket which had Danielle's blood on it.
12. Injuries to Danielle's mouth were consistent with death by suffocation.
13. Danielle's fingerprints were found in the motorhome, most unfortunately in a position where she would have left them if she had been placed on the motorhome bed on her back.
14. The motorhome door is not easily operated by a person as small as Danielle was.
15. A cadaver dog alerted at a storage compartment on the motorhome (although I will grant you that the primary witness offering this testimony was exceedingly weak).
46 posted on 7/8/02 6:45 PM Central by p. henry
http://www.freerepublic.com/focus/news/712729/posts?page=46#46

Various theories by various freepers compiled and memorized over time.
He was drunk and blacked out when he did it.
He planned for days or weeks in advance, even buying a plastic sheet.
Barbara the lesbo tried to rape danielle, mistaking her from damon or something, suffocated her and the parents helped cover it up
Incest by dad and mom didn't know it
Danielle was shared with swinger friends
danielle was molested ...and clearly had budding breasts which could be an indicator of molestation. Danielle had vaginal discharge. Sometimes an indication of molestation for a girl her age. See for example: http://www.utoronto.ca/kids/vulvag.htm
The date fell on an occult date--maybe she was sacrificed
Danielle's necklace is like a bondage necklace..these parents are sick.
Danielle snuck out cuz strangers were fondling her while she was in bed and she tried to run way. She was caught by the mom who was so angry.. they had their way..killed and dumped danielle and now mom and dad are basking in the limelight.
Danielle snuck out cuz strangers were fondling her while she was in bed and she tried to run way..dw saw her on the street, snatched her and had his way with her
The son did it and the dad is covering up
All of the major players are involved in swinging and know each other very very well. When things got too out of hand, danielle died.so they set up a neighbor and planted child porn in his office.
Speculation based on when DW said his garage door was not locked when he came back to the house Sat. afternoon. It was usual for it to be locked. At first I thought speculation like this was really far out - now I'm not so sure. Say DW had some similar blue towels that he used for various stuff like out at the pool, camping, drying his car, whatever. Maybe he leaves some of these in the laundry room adjacent to the garage for easy access - or maybe they were still in the dryer or something - anyway - somebody could have gotten in there and took one. Far fetched maybe - but I also can't help thinking of Damon's little newsgroup post regarding how to "Get back" (or something to that effect) at a person who steals your bike is to put a business card or some such ID into the seat post tube thingy - and he wasn't too nice about his choice of words as I recall. Damon has a devious mind - I think - and I know truth is sometimes stranger than fiction. All I'm saying is that I don't discount this kind of speculation as much as I used to.

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