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

KFMB ^ | July 9, 2002 | KFMB

[FresnoDA]

WITNESSES SAY BRENDA VAN DAM DANCED WITH DAVID WESTERFIELD

(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.

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.

[BunnySlippers]

What happens when a witness is impeached? When impeachment occurs does that mean that that witness is shown to be a liar, their testimony unreliable? ..... Then what?????

My unprofessional opinion is that the witness is "impeached" before the jury. Then the rest is up to the jury to decide if they have credibility ... such as Cherokee. But their testimony is not "stricken from the record".

[BunnySlippers]

Since this man has not yet been convicted on the porn charge why is it even being allowed as evidence in the murder trial.

As I understand Judge Mudd felt that it was relevant to this case and a possible motive so the cases are linked.

[Krodg]

Amen. Be assured that the Lord will have His day!

[BARLF]

The last sentence of the previous post was to you. Must be time for me to go to bed.......:{

[vacrn]

You are already on my ping list. Or did you mean you want someone to PING everyone, or,... well, now I am just lost.

Sorry, I thought Jaded was starting another/different ping list. I did however, enjoy seeing the entire ping list again, so perhaps subconsciously I just *desired* to see your list once more!

[juzcuz]

So that means that Cherokee, and guy friend and mom, and all the other bar witnesses, yesterday- "IMPEACHED" Brenda testimony of the bar events. -- So, logically If her version of the bar events can't be believed--then why should we believe her statements about home events... I's that the way it works?

[NatureGirl]

I would immediately discount the boys' statements, as far as the hours between bedtime and when they woke up the next day. If they were asleep, they couldn't have known what was going on.

As far as stepfathers go, I guess things have changed since I was younger. All the kids I knew that were physically/sexually abused (more physically than sexually), were abused by their natural fathers.

they provided an extensive list of names, places and times

And I guess it remains an open question as to what they would have said/provided if Barb hadn't already talked to the cops, and told them a different version of the story.

allegations of possible racism is just the usual tiresome liberal media race baiting.

I think not. Police are human, and still prone to their own bigotries.

I'll leave it at that for now. Thanks for the reply.

[UCANSEE2]

On the other hand, a neighbor who thinks children are sex objects may well see a 7 year old as a target.

This statement is rational and true. But much of the testimony refuted that DW likely sees children as sex objects.

[hoosiermama]

Yelp! OTOH, WD statement about the $50/$20at the RV park, dancing with BVD.... etc.... have been proven to be true. Truly has nothing to do with actually killing child be ALOT to do with who's testimony is credible.

[UCANSEE2]

What happens when a witness is impeached?

(1) I am no legal expert
(2) Never even had the experience of seeing a witness impeached (except maybe on TV)

My guess is that the judge instructs the jury they are to completely dismiss all previous testimony that witness had given.

Too bad, AMORE isn't here. She is a lawyer.

[UCANSEE2]

Did she say she had been or wanted to go? Lord knows they are all over So Cal as well as SF!

If memory serves me correctly, she was telling one of the other patrons at Dad's that she HAD BEEN to one.

Anyone else support/disclaim this ?????

[the Deejay]

"If memory serves me correctly, she was telling one of the other patrons at Dad's that she HAD BEEN to one."

That's what I recall too.

[UCANSEE2]

Since this man has not yet been convicted on the porn charge why is it even being allowed as evidence in the murder trial

Because DW is being tried for BOTH the MURDER, and the PORN POSSESSION charge.

And your reasoning is exactly why they are doing so. If they had a seperate trial on the PORN, and lost, they would start off with a MURDER TRIAL with no MOTIVE.

So, by the DA forcing them to be tried at the same time, they at least get a chance to try him on MURDER and PORN. If one fails, they both fail. BUT, if ONE SUCCEEDS, they BOTH SUCCEED. GET IT ?

[NatureGirl]

Yes. Glennie Nyland (Nasland?) said that Brenda told her of going to a gay bar in SF, just after DW had introduced the two of them.

[UCANSEE2]

P.S. Bunny's version of the witness impeachment is probably correct.

[juzcuz]

I read in the test. that Mudd wouldn't let Barb. at this time because Mudd read the witness statements. He decided that Feldman could get impeachment from the other witnesses (Cherokee,etc.) But that if Feldman couldn't, the court would make allowances. It's seems that Feldman did get his Barbara impeachment yesterday. This is what Barbara soooo steamed that's why the news media is covering it.

And as far as seeing Barbara-- I think we can all forget about watching for her. The judge won't let her testify... because Feldman succeeded through the witnesses yesterday.

[hoosiermama]

Barbara or Brenda? You've got me confused?!?!?!!?

[juzcuz]

B A R B A R A.

[FresnoDA]

NEW THREAD ALERT!!

New evidence implicates Westerfield: (Dusek Fires Final Shot?) Trial Thread, July 10, 2002

 

[hoosiermama]

But I thought it was Brenda that was steamed yesterday. SHe's the one whose testimony was impeached right?