"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
Rich Brady's testimony I - based on transcript of June 10th, 2002
Dusek: good morning, mr. Brady. are you employed, sir?
Richard Brady: I'm self-employed.
Dusek: what type of work do you do?
Richard Brady: data communications cabling.
Dusek: are you married?
Richard Brady: yes.
Dusek: how many kids?
Richard Brady: two.
Dusek: what part of town do you live in?
Richard Brady: Sabre Springs.
Dusek: how long have you lived up there?
Richard Brady: four and a half years.
Dusek: do you know the Van Dam family?
Richard Brady: yes.
Dusek: how long have you known them?
Richard Brady: probably about a year and a half to two years.
Dusek: do you recall how it was that you got to know them, met them?
Richard Brady: my younger son and their younger son were in school together.
Dusek: how many kids do they have?
Richard Brady: right now they have two.
Dusek: they used to have three?
Richard Brady: yes.
Dusek: did you have any contact with any of their children?
Richard Brady: yes.
Dusek: which one?
Richard Brady: well, all three actually on and off because, you know, you know, my wife and Brenda were friends so, you know, baby-sitting, things like that.
Dusek: how far from the Van Dams did you live?
Richard Brady: probably about a half a mile.
Dusek: let me direct your attention to February 1st of this year. were you familiar with a place called Dad's at that time?
Richard Brady: yes.
Dusek: where is it?
Richard Brady: it's in Poway.
Dusek: what is it?
Richard Brady: it's a bar and a restaurant.
Dusek: let me show you what's been previously marked as court's exhibit 31 on this board behind us. do you recognize what we have depicted there?
Richard Brady: that's Dad's.
Dusek: and had you been there before?
Richard Brady: couple times.
Dusek: for what occasions?
Richard Brady: the local little league has their parties there, and probably for dinner once or twice.
Dusek: did you go to Dad's that evening, February 1st of this year?
Richard Brady: yes.
Dusek: who did you go there with?
Richard Brady: Keith Stone.
Dusek: who is Keith?
Richard Brady: he's my ex-brother-in-law.
Dusek: explain the connection.
Richard Brady: he used to be married to my wife's sister.
Dusek: how long ago?
Richard Brady: they've been divorced for a few years. I'm not really sure how long.
Dusek: even after the divorce you maintained what type of relationship with him?
Richard Brady: we're good friends.
Dusek: where did he live back then?
Richard Brady: when?
Dusek: February.
Richard Brady: he lived in sabre springs.
Dusek: how was it that you came to go to Dad's that evening?
Richard Brady: Keith had a friend who had a band, and he called me that evening asking me if i would like to go with him to see the band because he didn't want to go by himself. so I went over there to -- with him to keep him company, have a couple beers and see the band.
Dusek: did your wife go along?
Richard Brady: no.
Dusek: why not?
Richard Brady: short notice. we couldn't get a baby-sitter.
Dusek: who drove to Dad's?
Richard Brady: Keith did.
Dusek: who -- did he come to your house or did you go to his?
Richard Brady: no, I went to his house.
Dusek: about what time would you say you got to Dad's that evening?
Richard Brady: sometime after 9 o'clock.
Dusek: why do you say that?
Richard Brady: because I think I went down to Keith's at about 9:00.
Dusek: from his place how long does it take to get to Dad's?
Richard Brady: five or 10 minutes.
Dusek: were you -- any difficulty getting into Dad's?
Richard Brady: no.
Dusek: was the band there?
Richard Brady: yes.
Dusek: what were they doing?
Richard Brady: playing music.
Dusek: had they already set up?
Richard Brady: yeah -- I'm not really sure. you know, it seems like they weren't playing when we got there but then they started.
Dusek: describe for us what happened when you got into Dad's.
Richard Brady: when we first walked in the door i recognized -- i saw Brenda with some of her friends at the bar, and we stopped to say hi to them.
Dusek: did you know Brenda and her friends were going to be there?
Richard Brady: no.
Dusek: did you know the name of her friends?
Richard Brady: I knew a couple of 'em. I knew a couple of 'em. i didn't know them all.
Dusek: the friends that were at Dad's that evening --
Richard Brady: yeah.
Dusek: -- who did you know?
Richard Brady: I knew Denise and Barb.
Dusek: how long -- which one have you known the longest?
Richard Brady: I think i've known them both about the same time.
Dusek: about how long ago?
Richard Brady: maybe six months ago.
Dusek: what were they doing when you first arrived?
Richard Brady: they were at the bar drinking?
Richard Brady: what did you do?
Richard Brady: well, we first -- we walked in to say hi, and David Westerfield was at the bar with them at the time and Brenda introduced us to him, and I think he had some friends with him, and after that we just went to our own spot at the bar and ordered drinks.
Dusek: you indicated the name David Westerfield. do you see him in court today?
Richard Brady: right there.
Dusek: wearing what?
Richard Brady: that gray suit on.
The court: the record will reflect identification.
Dusek: had you ever seen him before that evening?
Richard Brady: no.
Dusek: what was the defendant doing inside the bar?
Richard Brady: I think he was drinking at the bar.
Dusek: with anybody or --
Richard Brady: I'm not really sure. there was a lot of people around that area and, other than Brenda and the two girls, I'm not really sure who he was with or who he wasn't with.
Dusek: where did you go?
Richard Brady: like I say, the bar was real crowded there, so after -- after we said hi we went around to a place where there was nobody -- which was around the corner and sat there for a while.
Dusek: what happened at that point?
Richard Brady: at that point went over to the other side of the bar and played some -- started playing some pool.
Dusek: who did you go over there with?
Richard Brady: i kind of went by myself, and I was talking to one of the owners of the bar and walked over there with him.
Dusek: do you remember the name of the owner?
Richard Brady: Pat.
Dusek: how long have you known him?
Richard Brady: i've known him for three or four years.
Dusek: how do you know him?
Richard Brady: through little league.
Dusek: when you were over there with Pat on the pool table area, do you recall where Keith was, what he was doing?
Richard Brady: no, not really, 'cause i walked over there with him, you know, with Pat, and he introduced me to some people he knew, and that's who i played pool with over on the other side.
Dusek: did the other people you knew in the bar, did they play pool that evening?
Richard Brady: not that I saw, you know. I wasn't really -- i wasn't part of that, you know, group. i kind of went off and did my own thing for a while, you know?
Dusek: what do you mean by that?
Richard Brady: like I said, I knew Pat and no one else did, so I started talking to him and I was on the other side of the bar, so --
Dusek: let me show you what's been previously marked as court's exhibit 31, the photo display board of Dad's that we've been using. do you see the area that you're talking about, the pool area?
Richard Brady: yes.
Dusek: photograph?
Richard Brady: "D".
Dusek: was there anybody else in that area when you were over there with Pat?
Richard Brady: it was a lot of people over there. the bar was pretty crowded.
Dusek: was there anybody in there that you knew, either Brenda and her friends or mr. Westerfield and anybody else?
Richard Brady: I didn't -- I didn't see them. I didn't see them playing pool or playing any video games. I was playing this game for a while up against the wall facing that way.
Dusek: what type of game's that?
Richard Brady: it's a golf video game.
The court: counsel, we need to break for lunch. [--]
The court: all right. the record should reflect the jurors and alternates have left the courtroom. mr. Feldman, you wanted to reserve some time to make a record on -- I can't even remember what the point was now but --
mr. Feldman: I asked a question concerning other parties and whether or not the Van Dams had been social people, and that relates to the issue of access, your honor, and to their allowing upstairs, which is the reason, I think among others, that the court is admitting the line of inquiry that the court is admitting.
The court: all right. and if if it had anything to do with the relevant time period which I'm focusing on and which my orders relate to, I would have allowed it, but it didn't so I didn't allow it.
mr. Feldman: one further point.
The court: yes.
mr. Feldman: the court's admonition, your honor i'd ask the court to please use the statutory which tells the jury -- i know your honor's very, very diligent about telling them not to talk about the case. but my request is that you also advise them, and you have done so but not in every instance, don't form or express any opinions. i know you have -- the court's said that formerly but not this time.
mr. Boyce: i noticed at the last recess the media is communicating whichever news source they're from in the hallways, and I heard in a very loud voice one of the news media people talking on the phone relating their interpretation of what the testimony in the case was.
The court: all right. mr. Boyce, I can cut you right off there because that should not be occurring. that's the reason i've got this room next door, so I'm not sure who's doing what, but I don't want to have any media person communicating with anybody in the hallways of this courtroom. I went to great lengths to create this mecca over here for that very reason. so I'm going to instruct my staff, my bailiffs, if you see somebody making a phone call out there, shut 'em off. that is for bringing that to my attention. that should not occur. all right.
mr. Boyce: one other very brief note.
The court: all right.
mr. Boyce: and that is, counsel has noted that a couple of the witnesses contacted attorneys. we're entitled to know whether there's been any immunity offered to either of those witnesses.
The court: I don't know that, but are you going to communicate with counsel or do you want to make a statement of any kind, mr. Dusek?
mr. Dusek: no one's been given any immunity.
The court: so you're entitled to know if it, in fact, occurs, but if it doesn't occur, there's nothing to chat about.
mr. Feldman: thank you.
The court: we'll be in recess till 1:30.
Richard Brady testimony II