"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
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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)
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PLEA BARGAIN MY POINT OF VIEW |
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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 II - based on transcript of June 10th, 2002
Richard Brady, resumed direct examination, continued by mr. Dusek:
Dusek: mr. Brady, I think when we broke for lunch we were getting to the area of pool room or pool tables. were you invited to play pool?
Richard Brady: yes.
Dusek: by whom, do you remember?
Richard Brady: Brenda.
Dusek: did you?
Richard Brady: no.
Dusek: what did you do instead?
Richard Brady: I went and played video games.
Dusek: what's the next thing that you remember happening after the video games?
Richard Brady: you know, I did play pool with some other people I just met there. you know, I can't remember, you know, the exact sequence of events of, you know, when I was playing pool and the video games, but it seemed to take a lot of time up in the back room there.
Dusek: were you drinking while you were in that pool room playing the video games?
Richard Brady: yes.
Dusek: what were you drinking?
Richard Brady: beer.
Dusek: from the video room, the pool room, --
Richard Brady: m-hm.
Dusek: -- what was the next thing that you remember happening?
Richard Brady: going out to in the dancing area, the band area.
Dusek: were you dancing?
Richard Brady: I danced a couple times.
Dusek: with whom?
Richard Brady: I danced once with Brenda and once with a girl that was in the band when the D.J. was, you know, the band was taking a break and the D.J. was on.
Dusek: do you remember dancing with anyone else?
Richard Brady: that's it. no.
Dusek: Denise or Barbara, did you dance with them?
Richard Brady: no.
Dusek: how about any of the other ladies that were in the place?
Richard Brady: no.
Dusek: did you see who the other people were dancing with, the people that you knew?
Richard Brady: well, not really. it was a lot of people dancing. it was pretty full, you know. the bar was full. I really didn't, you know, I really didn't look at other people dancing.
Dusek: did there come a time that evening when you went outside?
Richard Brady: yes.
Dusek: when was that in the sequence of events you've told us about?
Richard Brady: some time in the middle of the evening.
Dusek: where did you go?
Richard Brady: into the parking lot.
Dusek: with whom?
Richard Brady: well, the girls had gone out first, and then Keith kind of followed them, and then I followed Keith. I stopped kind of at the doorway to talk to someone, so I kind of followed all of them out.
Dusek: when you say the girls went outside, which girls are we talking about?
Richard Brady: Brenda, Denise, and Barb.
Dusek: where did they go?
Richard Brady: to Brenda's car.
Dusek: where was it parked?
Richard Brady: in the back.
Dusek: and you said you stopped somewhere to talk with someone.
Richard Brady: yes. on the way out, they had left like before me, and then I stopped to talk to the doorman or someone on the way out the door.
Dusek: after you completed that, where did you go?
Richard Brady: came back inside.
Dusek: did you go to the car where the girls were?
Richard Brady: yes, they were.
Dusek: what part of the car did you go to?
Richard Brady: the driver's side.
Dusek: where was everyone else located?
Richard Brady: the girls were in the car and Keith was on the passenger side.
Dusek: what was going on out there?
Richard Brady: as far as I know, they were smoking marijuana.
Dusek: how do you know that?
Richard Brady: 'cause they told me they were.
Dusek: did you see it?
Richard Brady: I actually got out there after they were done.
Dusek: where did you go, what part of the car?
Richard Brady: the driver's side.
Dusek: what else was going on out there?
Richard Brady: other than that, I didn't see anything else.
Dusek: any romance out there?
Richard Brady: I didn't see that.
Dusek: do you know where Keith was when you got there?
Richard Brady: he was on the passenger side.
Dusek: which one of the ladies was closest to him?
Richard Brady: I don't know.
Dusek: how long would you say you were outside?
Richard Brady: five minutes.
Dusek: then where did you go? then where did you go after you completed --
Richard Brady: back inside.
Dusek: to where?
Richard Brady: back in the bar.
Dusek: what did you do back in there?
Richard Brady: picked up where we left off. just. . .
Dusek: do you know if the defendant was still around at that point?
Richard Brady: I didn't notice him.
Dusek: why not?
Richard Brady: you know, I just -- you know, I saw him when we got there, and then I didn't really notice him for the rest of the night. I didn't see him there at all.
Dusek: did you speak with him at all after that initial contact with him?
Richard Brady: no.
Dusek: did you see your group speak, any of the people that you knew, speak with him while you were watching?
Richard Brady: well, they were talking to him when we broke away and went to get our own drinks, you know.
Dusek: when was that?
Richard Brady: when we first went in.
Dusek: how about when you were in the pool room and you were playing the video games, were you aware of the defendant being around at that point?
Richard Brady: no.
Dusek: and when you went outside with the girls in the car, were you aware of him being around at that point?
Richard Brady: no.
Dusek: and when you came back inside after the car, were you aware of him being around at that point?
Richard Brady: no.
Dusek: how long would you say you remained there that evening?
Richard Brady: 'til 2:00 o'clock.
Dusek: for how many hours would you say you were there?
Richard Brady: that would be four and a half to five hours.
Dusek: how much did you have to drink?
Richard Brady: not really sure.
Dusek: what were you drinking?
Richard Brady: beer. and probably maybe one or two shots of tequila.
Dusek: did you buy any of those?
Richard Brady: yes.
Dusek: did you buy them for anybody else?
Richard Brady: just probably for Keith.
Dusek: how was it that you came to leave Dad's that evening?
Richard Brady: well, it was closing, so we had to leave. and I was riding with Keith, so we got into Keith's car, and we left.
Dusek: was there a plan of what you were supposed to do?
Richard Brady: yeah. you know, i heard Brenda talking about coming up to her house and having a bite to eat.
Dusek: who was she saying that to?
Richard Brady: just the group, you know. the four of us would be Keith and myself and the two girls.
Dusek: that's while you were still at Dad's?
Richard Brady: yes. you know, as they were closing down, yeah.
Dusek: where did you go?
Richard Brady: went to Brenda's.
Dusek: who drove?
Richard Brady: Keith.
Dusek: when you got back to the Van Dam residence, where did you guys park, do you remember?
Richard Brady: in front of the house.
Dusek: what happened once you guys got out?
Richard Brady: we went to the front door and went in the house.
Dusek: do you remember anything from inside the house, what was going on?
Richard Brady: we walked in basically. I noticed Brenda walking upstairs. it looked like to me, you know, you can see up the stairwell, but you can't see, you know, you can't see everything, but it looked like she was closing the bedroom doors, you know, quietly. to me. that's what it looked like.
Dusek: do you recall if any of the lights were on inside the house as you were coming home?
Richard Brady: there were lights on when we got there, yeah.
Dusek: where did you go once you got inside the house?
Richard Brady: into the kitchen.
Dusek: why?
Richard Brady: we just walked in there. that's where the food is, you know.
Dusek: who went in there with you?
Richard Brady: Keith. and I think Denise, too. I'm not really sure.
Dusek: were you aware of where the ladies went once they got inside?
Richard Brady: no.
Dusek: what happened in the kitchen?
Richard Brady: we were talking around the island for a while. I think somebody brought out some chips at first, and then when Damon came down, we heated up some pizza, and we ate it.
Dusek: let me show you what's been previously marked as court's exhibit 17, this photo display board, labeled at the top, I'm sorry, at the bottom, 17, "Van Dam residence kitchen." do you recognize what we have depicted there, mr. Brady?
Richard Brady: yes.
Dusek: what is that?
Richard Brady: that's the kitchen and the family room.
Dusek: do you see where you went?
Richard Brady: yeah.
Dusek: which picture?
Richard Brady: the left picture.
Dusek: photograph a, is that correct?
Richard Brady: yes.
Dusek: is there some furniture there that shows where you went?
Richard Brady: yeah. there's the table and the island.
Dusek: who all was having the food?
Richard Brady: it seemed like it was Denise, myself, and Keith. and then Brenda was, yeah, Brenda was there, too.
Dusek: do you know if Damon was down there?
Richard Brady: not in the first few minutes, no. he was -- but he did come down eventually.
Dusek: did he have anything to eat?
Richard Brady: I can't -- I don't know.
Dusek: how about Barbara?
Richard Brady: I don't know.
Dusek: don't know if she came down or had anything to eat?
Richard Brady: you know, I really don't. she must have been in there one point in time, but I don't know if she had anything to eat.
Dusek: how about to drink; did you guys have anything to drink there?
Richard Brady: no, we didn't drink there.
Dusek: any water?
Richard Brady: I don't remember. I don't think I had anything to drink there.
Dusek: how many slices did you have?
Richard Brady: one.
Dusek: estimate for us about how long you were inside the Van Dam home.
Richard Brady: probably fifteen minutes.
Dusek: did you see the dog?
Richard Brady: no.
Dusek: do you know the dog?
Richard Brady: i have seen the dog.
Dusek: do you know if anyone went outside, out through the sliding glass door, out to the backyard?
Richard Brady: I didn't see anybody go outside.
Dusek: was anybody smoking inside the house?
Richard Brady: I didn't see anybody smoking.
Dusek: did you see anybody consume any alcohol?
Richard Brady: no.
Dusek: did you see any drugs being used at the house --
Richard Brady: no.
Dusek: -- at that time? were you aware of an alarm light being on?
Richard Brady: they have one of those alarm panels that like if you open up like a certain door, i've seen it chirp before. it will chirp, you know, like when you open and close a door. but, you know, I just know that from past experience. you know, i've seen a lot of alarm panels in my business, and they chirp, you know. some of them chirp when you open a door, you know.
Dusek: we are just concerned with that night. were you aware at least of anyone checking out a red light or a chirping sound?
Richard Brady: no.
Dusek: how did the get-together break up at the house?
Richard Brady: well, after we finished eating and chit-chatting, it seemed like everybody just about left at the same time.
Dusek: did anybody leave before the other?
Richard Brady: I think the girls left first.
Dusek: did anybody see them out?
Richard Brady: Brenda probably walked them out the front door.
Dusek: the girls meaning Denise and Barbara, is that right?
Richard Brady: m-hm. yes.
Dusek: when they left, did either of them have Danielle with them?
Richard Brady: no.
Dusek: how long after they left did you leave?
Richard Brady: a couple minutes.
Dusek: did you leave with anyone?
Richard Brady: Keith.
Dusek: did you have Danielle with you?
Richard Brady: no.
Dusek: did Keith have Danielle with him?
Richard Brady: no.
Dusek: where did you go once you walked outside the house?
Richard Brady: we went to Keith's car and drove home.
Dusek: once you arrived at home, describe what happened.
Richard Brady: I came into the house and got ready for bed and went to bed.
Dusek: your wife was home?
Richard Brady: yes.
Dusek: when did you break up with Keith?
Richard Brady: my car was at his house, and so he lives right down the street, or used to live right down the street from me, so we drove to his house and said our good-byes, and i got in my car and went home.
Dusek: were you contacted at some later time regarding Danielle's disappearance?
Richard Brady: yes.
Dusek: how were you first notified?
Richard Brady: the next morning I was still in bed, but I wasn't asleep, and the phone rang, and it was Brenda on the phone. and she was talking to my wife. and told her that --
mr. Feldman: objection. hearsay.
the court: yes. as to what she said. you need not answer.
mr. Feldman: motion to strike. I think he started to --
The court: well, he didn't. next question.
Dusek: after that phone call, did you check around your place to see if Danielle was there?
Richard Brady: I don't remember doing that.
Dusek: eventually were you contacted by law enforcement?
Richard Brady: yes.
Dusek: how quickly?
Richard Brady: that afternoon.
Dusek: did you speak with them?
Richard Brady: yes.
Dusek: did you tell them what you could remember from that evening?
Richard Brady: yes.
Dusek: did you tell them everybody that was at the Van Dam home that evening?
Richard Brady: yes.
mr. Dusek: thank you, sir.
The court: all right.
Richard Brady cross examination