"The truth is not always the same as the majority decision"
Pope John Paul II
I believe Westerfield is not guilty, that means the killer, whoever he is, is still outside and might kill again.
Unposted.com: The trial of David Westerfield
| I kind of wished I played the Lottery that day to tell you the truth because maybe it was my day to win the Lottery. Who the heck knows? Brenda Van Dam Extract from the Larry King Show - December 3rd 2002 |
Trial: Westerfield's jacket
Feldman: "If any of the items would have had blood on it, you would've spotted it?"
Clerk: "Yes,"
April 30th 2005 - James Allen Selby
March 2005 - The confession
01/12/03 - MEET THE EXPERTS !
01/12/03 - "new secret" motions unsealed !
01/08/03 - The videotaped interrogation
01/06/03 - The others
1981 - Adam Walsh
1989 - Tiffany Sessions
1991 - Jared Michael Negrete
1994 - Amanda Dougherty
1999 - Michael Negrete
THE INTERVIEW
Intro
David Westerfied
My theory about DNA - I
Computer and porn
12/7/02 - CHILD PORN RING & VAN DAM CASE
12/6/02 - BABYSITTER & TRIAL DINNER
BRENDA VAN DAM on Larry King Live - 12/03/2002
DANIELLE VAN DAM killed at home
Danielle's discovery: WILL MEDIA TELL THE TRUTH?
Video rape: 1 LITTLE GIRL AND 2 MEN
|
Identifying Danielle's bedroom Danielle's bedroom (2), Van Dams vacuuming Danielle's last day |
Blood on jacket (updated)
Fingerprints
DEATH SENTENCE
MEET THE JURY
WHY WESTERFIELD BECAME SUSPECT!!!
(updated)
|
PLEA BARGAIN MY POINT OF VIEW |
|
NEWS |
TRIAL EVIDENCE
Neal Westerfield
Molestation in the family
What is a penalty phase - definition
Penalty phase and the niece
Niece testimony (transcript)
Niece cross-exam (transcript)
My questions
My comments
Events related on this site are not fictional and are available through public records, conclusions and comments are made by the author.
Contact the author
The content of this site is protected by Copyright Law. (Title , US Code) - July 2002 P. Montgomery
Richard Brady's Cross examination - based on transcript of June 10th, 2002
Boyce: mr. Brady, you talked to mr. Dusek, the prosecutor, over the lunch hour.
Richard Brady: yes.
Boyce: how much time did you spend with him do you think?
Richard Brady: a couple of minutes.
Boyce: did you go to his office?
Richard Brady: no.
Boyce: had you met mr. Dusek before today?
Richard Brady: yes.
Boyce: how many times?
Richard Brady: twice.
Boyce: when was the first time that you met with mr. Dusek?
Richard Brady: the day that Danielle was discovered.
Boyce: and did he have some questions for you at that time?
Richard Brady: no.
Boyce: the second time that you talked with mr. Dusek, when was that?
Richard Brady: Thursday.
Boyce: this last Thursday?
Richard Brady: yes.
Boyce: and did he have any questions for you then?
Richard Brady: questions? what --
Boyce: well, what was the purpose of your meeting?
Richard Brady: well, I was supposed to testify on Thursday, so whatever initial interview, the initial interview before testifying.
Boyce: he was going to go over what he was going to ask you, is that right?
Richard Brady: if that was his intention, yes. I mean --
Boyce: well, he asked you some questions, didn't he?
Richard Brady: yes. he asked me questions.
Boyce: did he show you some reports?
Richard Brady: a report? what kind of report?
Boyce: did he show you anything in writing?
Richard Brady: I had a typed-up review of my initial police, you know, what do you call it, interrogation, or --
Boyce: a police report?
Richard Brady: yeah. a police report.
Boyce: this was prepared by the police, not you, is that right?
Richard Brady: yes.
Boyce: how many reports did -- were you asked to look at?
Richard Brady: I think there was three. I'm not sure if it's two or three.
Boyce: were they reports of your interviews or were they of other people?
Richard Brady: mine.
Boyce: and mr. Dusek asked you to look at those reports and then he had some questions for you, is that right?
Richard Brady: yes.
Boyce: did he express any concerns that he had regarding your testimony?
Richard Brady: I don't think so.
Boyce: and then you met with him again over the lunch hour, is that right?
Richard Brady: today?
Boyce: today.
Richard Brady: no. not -- we didn't meet. we met and came down here together after lunch.
Boyce: well, when you left the courtroom, you were walking down the hallway together, weren't you?
Richard Brady: yes.
Boyce: and he was talking to you, weren't you?
Richard Brady: yes.
Boyce: and those were -- were in relation to your testimony, is that right?
Richard Brady: not really.
Boyce: it was about the case, right?
Richard Brady: he told me not to discuss my testimony with anybody.
Boyce: okay. that's all he told you? I'm not asking you what it was. I'm just asking you is that the only thing he told you.
Richard Brady: I really can't remember what else we talked about.
Boyce: now, you were interviewed by some police officer, too, weren't you?
Richard Brady: yes.
Boyce: how many different police officers?
Richard Brady: the actual interview was with one. one police officer.
Boyce: how many different times?
Richard Brady: twice.
Boyce: do you recall a third police officer who interviewed you, a third officer?
Richard Brady: interview?
Boyce: yes.
Richard Brady: no.
Boyce: now, on February 1st, you were called by -- I'm sorry. on the friday that you went to Dad's, --
Richard Brady: m-hm.
Boyce: -- you were called by your ex-brother-in-law Keith, --
Richard Brady: m-hm.
Boyce: -- and he said he wanted to go to Dad's bar.
Richard Brady: m-hm.
Boyce: you have to answer yes or no because this man can't --
Richard Brady: yes. yes. sorry.
Boyce: the reason he wanted to go to Dad's bar was he knew people in the band that were playing that night at Dad's.
Richard Brady: yes.
Boyce: he drove.
Richard Brady: yes. i drove to his house, and then he drove to Dad's.
Boyce: when i say he, I'm referring to rich Brady. is that who you understand it to be?
Richard Brady: he? you mean me?
Boyce: rich Brady drove you to Dad's bar, right?
Richard Brady: I'm rich Brady.
Boyce: Keith Stone, your -- your ex-brother-in-law.
Richard Brady: yes.
Boyce: he drove you to rich Brady's or he drove you to Dad's, is that right?
Richard Brady: yes.
Boyce: you got there about 9:30.
Richard Brady: yes. thereabouts.
Boyce: you walked into Dad's.
Richard Brady: yes.
Boyce: and you saw Barbara and Brenda and Denise, is that right?
Richard Brady: yes.
Boyce: and you knew them from before.
Richard Brady: yes. i knew Brenda. Barbara and Denise I had met once or twice before.
Boyce: they were standing at the bar talking to mr. Westerfield and at least one of his friends.
Richard Brady: yes.
Boyce: and Brenda introduced you to mr. Westerfield.
Richard Brady: yes, she did.
Boyce: Brenda also introduced you to his friend, didn't she?
Richard Brady: no.
Boyce: you noticed somebody else there, though, is that right?
Richard Brady: there seemed to be someone else with David, yes.
Boyce: did you meet that person that night?
Richard Brady: the other person?
Boyce: yes.
Richard Brady: no.
Boyce: did you have a drink at the bar at that time?
Richard Brady: not with them. we went, you know, the bar was full there, you know, so we went around the other side of the bar, where we could get to the bar and have a drink. and we did that.
Boyce: so the bar in that area was so busy you felt more comfortable --
Richard Brady: yeah. exactly, yeah.
Boyce: -- you felt more comfortable moving around to the other side of the bar.
Richard Brady: yes.
Boyce: did Keith Stone go with you when you moved around to the other side of the bar?
Richard Brady: yes.
Boyce: did anybody else from that group?
Richard Brady: no.
Boyce: at some point did you -- you went and played pool with the girls, is that right?
Richard Brady: no.
Boyce: you didn't go at any time?
Richard Brady: no. I didn't play pool with the group that I was with.
Boyce: what about Keith; did he go and play pool with Barbara and --
Richard Brady: I didn't see them playing pool over there. I didn't notice them playing pool. i must have been in another place or not paying attention or -- I didn't see it.
Boyce: referring to the diagram, I think it's exhibit 31, if you could take the pointer and do you recognize the photograph that's marked as b in exhibit 31?
Richard Brady: yes.
Boyce: and what do you recognize that photograph to be?
Richard Brady: that's the -- that's Dad's.
Boyce: when you walked into the bar, where was the first location in the bar that you went to? do you see it there in photograph b?
Richard Brady: yes.
Boyce: and can you indicate with the pointer where that was that you went.
Richard Brady: right in this area here.
Boyce: and you're indicating --
Richard Brady: this corner area is where everybody was.
Boyce: as you face exhibit 31, you're indicating the left-hand corner of the bar.
Richard Brady: yeah. kind of like by this -- you know, everybody seemed to be right here. there's like -- this looks like where they give drinks to the girls, you know, the waitresses. and everybody seemed to be right around here.
Boyce: right around this corner?
Richard Brady: this area here, yeah.
Boyce: when you say everybody, you're referring to Brenda and her friends and David Westerfield and the person he was with.
Richard Brady: yes.
Boyce: and you couldn't tell whether he was with one or more people, but he appeared to be with one person?
Richard Brady: yeah. at least one more, yes.
Boyce: and you couldn't tell because the bar was pretty crowded in that area that night.
Richard Brady: yes.
Boyce: there was a lot of activity.
Richard Brady: yes.
Boyce: about how long did you stay in that area that you've indicated?
Richard Brady: gee, it's hard to remember. we went around over to here in this area here, and this is where we sat for a while. I don't know exactly how long.
Boyce: you just indicated with the pointer a place to the right of the corner of the bar that's in photograph b.
Richard Brady: yeah. see, there's a couple more seats there at the bar around the side.
Boyce: and after you saw mr. Westerfield in this first location, i believe you said you didn't see him again that night.
Richard Brady: I didn't notice him, no.
Boyce: do you recall noticing him about midnight?
Richard Brady: no.
Boyce: do you recall telling a detective that you saw mr. Westerfield again about midnight?
Richard Brady: no.
Boyce: when you were -- when you first arrived at the bar and you saw everyone standing there, did everyone appear to be drinking a cocktail?
Richard Brady: m-hm. yes. sorry.
Boyce: i believe you say you bought some cocktails for some other people that night. is that right?
Richard Brady: I don't remember who -- I mean I know i -- Keith and I were probably buying drinks for each other, so that's normal.
Boyce: what about for Brenda and Barbara; do you remember buying them a drink?
Richard Brady: you know, I don't remember buying them any drinks.
Boyce: do you remember having any shots that night?
Richard Brady: i remember having one.
Boyce: shot of tequila.
Richard Brady: yes.
Boyce: did you buy other people shots?
Richard Brady: I don't remember.
Boyce: you were still there at Dad's bar when it was closing around 2:00 o'clock.
Richard Brady: yes.
Boyce: and as it closed, Brenda said to you let's go back to my house.
Richard Brady: no. that's not the way it went. everybody was in a group talking about going to get a bite to eat up at Brenda's, and that's the way i remember it.
Boyce: well, was the way it happened so the bar goes to close at 2:00 o'clock, whatever, and Brenda says, you know, let's go back to my house, and i said should we follow them up there?
Richard Brady: it could have been. that could have been something the way it happened.
Boyce: and you said should we follow them up there to Keith, Keith Stone.
Richard Brady: you know, i could have. I don't remember.
Boyce: and in going over to Brenda's house, it wasn't your purpose to hook up with any of the girls, was it?
Richard Brady: no.
Boyce: but it was Keith's purpose, wasn't it?
mr. Dusek: objection. calls for speculation.
The court: sustained. you need not answer.
Boyce: did Keith say anything to you or give any indication to you of hooking up with any of the girls over at Brenda's house?
Richard Brady: no.
mr. Dusek: objection. hearsay. the court: overruled. the answer was no. it will stand.
Boyce: that night wasn't the first night you had been over to the Van Dams' house, is it?
mr. Dusek: objection. relevancy.
The court: overruled. you can say yes or no.
The witness: what was the question again?
Boyce: that night was not the first night you had been over to the Van Dams' house.
Richard Brady: that wasn't the first time I was there, no.
Boyce: you've been over there several times.
Richard Brady: yes.
Boyce: and you don't know where Danielle's bedroom is, do you?
Richard Brady: no, i do not.
Boyce: you live in the Sabre Springs area, don't you?
Richard Brady: yes.
Boyce: about a half a mile away.
Richard Brady: yes.
Boyce: you know that the -- you know that the Van Dams do have a dog, don't you?
Richard Brady: yes.
Boyce: and you described it as a big, sloppy dog that keeps jumping on you.
Richard Brady: it was a puppy.
Boyce: it's a puppy but it's a very active puppy, isn't it?
Richard Brady: yeah. they kept it in a cage a lot or kennel, you know, because keep it under wraps, you know.
Boyce: the dog was, although it may have been a young dog, it was not a very small dog, was it?
Richard Brady: it grew fast. it seemed like it grew fast when it was a puppy.
Boyce: you described it as a big, sloppy dog.
Richard Brady: well, it's not like -- I wouldn't say big. I mean in the terms of big, a saint bernard, you know.
Boyce: but that's a word you --
Richard Brady: I don't know what kind -- I don't even know what kind of dog it is. but is that what i -- I don't remember saying that it was a big, sloppy dog, but I can, you know, a puppy is a puppy. they lick you, which makes them sloppy, and they -- they run around a lot.
Boyce: you don't recall describing it as a big, sloppy dog.
Richard Brady: no. I don't recall describing it like that.
(a water pitcher fell from the jurybox.)
The court: nice catch. mr. Dusek's had that same experience, but he wasn't quite as fast.
Boyce: you don't have any recollection now, do you, of saying big, sloppy dog?
Richard Brady: no, I don't.
Boyce: would it refresh your recollection to see a transcript of the statement you gave to the police?
Richard Brady: yes.
Boyce: mr. Brady, referring you to page 368 of our discovery, referring you to just about --
Richard Brady: where are we at?
Boyce: about eight lines up from the bottom. can you read that to yourself, this line here.
Richard Brady: yes. I can read that.
Boyce: do you recall now after reading that, you know, it's a big, sloppy dog, and i keep telling -- and it's an inaudible -- jumping up on me, you know.
Richard Brady: if it's on there, that means i said it i guess, right, but I don't really remember saying that specific --
Boyce: you were truthful when you talked to the police, weren't you?
Richard Brady: yes.
Boyce: when you first got to the Van Dams' house that night, did you see anyone else around?
Richard Brady: inside?
Boyce: well, when you arrived, were the girls outside?
Richard Brady: no.
Boyce: meaning Brenda and Denise and Barbara. did you see them?
Richard Brady: when we went inside?
Boyce: did you see them outside?
Richard Brady: no.
Boyce: so when you arrived, they were already inside, is that right?
Richard Brady: yes.
Boyce: and did you see -- when you walked inside, did you see Barbara go upstairs?
Richard Brady: no.
Boyce: was Barbara downstairs when you arrived?
Richard Brady: she might have been. I don't remember.
Boyce: do you remember who was downstairs when you arrived?
Richard Brady: I know Keith and I were. and for sure, like i said, I saw Brenda going up the stairs. and at that moment when we first arrived, I don't recall seeing Denise or Barbara.
Boyce: well, some time passed and you started to talk to Keith Stone about the fact that what was Barbara doing upstairs.
Richard Brady: I don't -- I don't recall that. I don't recall saying anything like that.
Boyce: do you recall seeing Damon that night?
Richard Brady: excuse me?
Boyce: do you recall seeing Damon that night?
Richard Brady: yes.
Boyce: do you recall seeing him in the kitchen?
Richard Brady: yes.
Boyce: and Denise and Brenda, you also recall seeing them in the kitchen.
Richard Brady: yes.
Boyce: did you say that you noticed that the alarm light was on in the house?
Richard Brady: that night I really didn't pay attention to the alarm. that panel's right by the door when you walk in. but i, you know, I think it's over by the garage door, but I didn't really pay attention to it.
Boyce: but when you walked in, the girls had already arrived, is that right?
Richard Brady: yes.
Boyce: and the lights in the house were on at that point.
Richard Brady: yes.
Boyce: do you recall after you walked in that there was discussion about the garage door, a door inside the garage being open?
Richard Brady: no.
Boyce: and when you walked in, Damon had not come downstairs yet, had he?
Richard Brady: no.
Boyce: and you don't recall any discussion about the garage door being open from the time that you entered until the time that you left with Keith that night, do you?
Richard Brady: no.
Boyce: the marijuana that was smoked that night, was that marijuana that you had provided to Brenda?
Richard Brady: yes.
Boyce: how much did you provide to her?
Richard Brady: it was a small amount.
Boyce: was it in a baggy?
Richard Brady: no.
Boyce: do you recall how it was packaged?
Richard Brady: it was in a small envelope.
Boyce: did you provide it to her that night?
Richard Brady: no.
Boyce: did you provide it to her on the 25th of january?
Richard Brady: I'm not really sure what day.
Boyce: that was a week before, friday before.
Richard Brady: could have been.
Boyce: you were familiar with mr. Westerfield's motor home, weren't you?
Richard Brady: no.
Boyce: you don't recall having a discussion with Brenda about mr. Westerfield's motor home?
Richard Brady: yes.
Boyce: and the fact that it was an eyesore in the neighborhood.
Richard Brady: yes.
Boyce: and that there had been complaints about the motor home being parked in the neighborhood.
Richard Brady: you know, I don't -- we didn't discuss it a lot. I mean they were mentioned to them that they were trying to, you know, have him store it somewhere rather than park it on the street. but, you know, we didn't talk about it a lot.
Boyce: how many times did you discuss the motor home with Brenda?
Richard Brady: a couple of times.
(discussion off the record between mr. Boyce and mr. Feldman.)
Boyce: did you discuss the motor home with Damon Van Dam?
Richard Brady: you know, the times when we discussed it, you know, it was probably we were all together. I mean, you know.
Boyce: when you say --
Richard Brady: I didn't go and discuss it, you know, I didn't go out, you know, intentionally go to discuss that subject with them. but I'm sure that when it came up, we were together.
Boyce: when you say we, you mean you and Brenda and Damon?
Richard Brady: yes. I'm sure it wasn't a group or. . . like i recall one time talking, they were trying to get the motor home stored, not parked on the street.
Boyce: had you ever been upstairs in the Van Dam house?
Richard Brady: one time.
Boyce: the conversation regarding storing the motor home, do you recall when that was?
Richard Brady: last year some time.
Boyce: in the year 2001?
Richard Brady: probably.
Boyce: do you recall if it was the early part of 2001?
Richard Brady: I can't remember when exactly.
(discussion off the record between mr. Boyce and mr. Feldman.)
Boyce: you said that you had met Barbara and Denise previously. when was that?
Richard Brady: I think it was at one of the kids' birthday parties at the house they were there. i guess when I was initially introduced. and then there was a time where I think it was like thanksgiving maybe. the Van Dams had a thanksgiving gathering, and they might have been there, too, for that. I'm not really -- it was a holiday gathering. I'm not really sure which one it was.
Boyce: it wasn't halloween, was it?
Richard Brady: no.
mr. Boyce: nothing further.
the court: anything further, mr. Dusek?
redirect examination by mr. Dusek:
Dusek: how long ago was it that you were upstairs at the Van Dam home?
Richard Brady: it was one time last year. I can't recall exactly when. it was a while back.
Dusek: what did you go up there for?
Richard Brady: it was -- it might have been the day of the birthday party or one of those days. my youngest son was up there playing. we were leaving, and he wouldn't come down, so I had to go up and get him and bring him downstairs. he was playing with the little guy, dylan, the pretty young son.
Dusek: you also indicated you had been at the home several times. before this incident on the 1st of February, when was the most recent time to that that you had been in the home or at the home?
Richard Brady: since before then, I can't recall. it might have been, you know, at the end of last year some time.
Dusek: do you recall going there the week, within the week of this -- Danielle's disappearance?
Richard Brady: yes, I was there. actually it was the day before Danielle disappeared.
Dusek: why were you there?
Richard Brady: that's right. we had to take my oldest son to school early for a meeting. and so we dropped off my youngest son there for them to watch, you know, because school doesn't start until 9:00, and we had an 8:00 o'clock meeting. so we, you know, we dropped him off there about quarter to 8:00, and we picked him up when we were done. and that was the last time I was in the house.
Dusek: the Van Dam dog, describe it for us. what did it look like?
Richard Brady: it's like a gray, I'm not real sure, I'm not really big on, you know, what kind of dogs are. I think it's a wotleimer or whatever. it's a gray, bony-structured, it almost looks like a greyhound, but a little more beef on it. and since it was a puppy and it was getting kind of big, it seemed like its legs would go in different directions and stuff. it wasn't very coordinated, you know.
Dusek: back in February how tall was it, if you can go against your body or any other way?
Richard Brady: it was probably, you know, above my knee when I'm standing up.
Dusek: and you mentioned some discussion that you had had with the Van Dams regarding the motor home.
Richard Brady: m-hm.
Dusek: do you know which motor home it was that mr. Westerfield had at the time?
Richard Brady: well, I just assumed it was the one parked by, you know, that corner, his house, you know.
Dusek: do you know how many he's had?
Richard Brady: no.
Dusek: how long ago was this?
Richard Brady: last year.
mr. Dusek: thank you, sir.
The court: anything further, mr. Boyce? recross-examination
Boyce: how tall are you, sir?
Richard Brady: five ten.
Boyce: so up to your knee is about how --
Richard Brady: probably a little bit over my knee.
Boyce: over your knee?
Richard Brady: yeah. 'cause the dog was growing, you know, all this time, I mean. and, you know, puppies grow fast, you know.
Boyce: about two and a half feet, then?
Richard Brady: probably. I would say the dog's like, you know, about this high and, you know, without the head (indicating).
Boyce: he's having a little trouble writing that down.
The court: mr. Boyce, i am going to ask you to describe it.
Boyce: you had your arms extended about what, three feet, four feet?
Richard Brady: two and a half feet, three feet.
Boyce: and that's from head to top, I mean from the --
Richard Brady: from the feet like to the back, you know. it's not a small dog, but it's not like, you know, a saint bernard.
Boyce: so about three feet tall?
Richard Brady: in there somewhere. couple feet tall. and it's probably bigger now than it was back then, you know.
mr. Boyce: I don't have anything further, your honor.
The court: all right. anything further?
mr. Dusek: no.
The court: is this witness to be excused or subject to recall?
mr. Dusek: excused.
mr. Feldman: no objection.
mr. Boyce: no objection.
The court: all right. sir, you are free from your subpoena. you are free to leave these proceedings, but you are still under an order not to discuss your testimony with any other persons until this matter is concluded. okay?
The witness: okay, your honor.
The court: all right. thank you very much for coming in.
The witness: you're welcome.
The court: you are free to leave at this time.