"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 17, US Code) - July 2002 P. Montgomery
Brenda Van Dam cross-examination - III based on transcript from June 6th 2002
mr. Feldman: i'm sorry. on the 13th -- i'm sorry. on the tuesday, i think you mentioned on direct examination, that the dog had scratched Danielle. do you recall that testifying to mr. Dusek?
Brenda Van Dam: i think the dog scratched Danielle on thursday.
mr. Feldman: and do you recall that Danielle was so upset about it she was crying and complaining a lot?
Brenda Van Dam: she was mad at the dog.
mr. Feldman: do you remember telling a police officer she was crying because the dog scratched her?
Brenda Van Dam: yes.
mr. Feldman: and you told her "go sit on your bed for a few minutes," and she said -- and that was basically how you handled it, is that right?
Brenda Van Dam: i checked the scratch to make sure she was okay, and then i asked her to sit on her bed for a few minutes.
mr. Feldman: now, you just told us that you thought that that occurred on thursday. do you recall being interviewed by law enforcement and being asked questions concerning the date that the dog scratched your daughter?
Brenda Van Dam: yes.
mr. Feldman: do you recall telling law enforcement that it was tuesday, not thursday?
Brenda Van Dam: i don't recall telling them that.
mr. Feldman: sorry, let me just clarify this. you don't remember whether or not you told the officer it was a tuesday or it didn't happen on tuesday?
Brenda Van Dam: i don't remember whether or not I told him that.
mr. Feldman: finally, about what time did you go to the bar on Friday the 1st?
Brenda Van Dam: about 8:45.
mr. Feldman: when you got to the bar do you remember whether or not you saw David Westerfield there?
Brenda Van Dam: yes.
mr. Feldman: did you see him there when you arrived, ma'am?
Brenda Van Dam: yes.
mr. Feldman: and where was he?
Brenda Van Dam: standing at the bar.
mr. Feldman: i think we had a chart that mr. Dusek showed you on the inside of Dad's . you know better than i whether 31 -- i'm going to ask you to illustrate where you were sitting. i just want you to tell me -- would you like this chart or i'll get another one.
Brenda Van Dam: this is fine.
mr. Feldman: if you could just show us, please, if you see where was mr. Westerfield when you first arrived?
Brenda Van Dam: he was here.
mr. Feldman: and for the record, you're pointing to photograph "b". to the left side it appears as though it's the first chair at the bar, is that --
Brenda Van Dam: standing.
mr. Feldman: i'm sorry, in people's -- court's 31?
Brenda Van Dam: yes. he was standing here.
mr. Feldman: okay. and then you and Denise and Barbara came in together, is that right?
Brenda Van Dam: yes.
mr. Feldman: and was it about that time that there was some kind of a greeting?
Brenda Van Dam: Denise was talking to the door man, and a couple minutes later I told Barbara, i showed her that Dave was already there and she walked up and introduced herself to him.
mr. Feldman: where were you when you had that communication with Barbara, if you recall?
Brenda Van Dam: at the front -- at this front where you get in.
mr. Feldman: okay. for the record, you pointed to photograph "b" in 31 to the right side where it appears as though there's kind of a doorway. do I have that right, ma'am?
Brenda Van Dam: yes.
mr. Feldman: so you were standing over by the doorway and -- what you've just pointed to, and kind of look across the bar or across the seating area where mr. Westerfield was seated; is that correct -- standing?
Brenda Van Dam: standing.
mr. Feldman: do you remember you told us that later that night you were playing pool, right?
Brenda Van Dam: yes.
mr. Feldman: and i think you told us one of the men had glasses and you didn't have much in the way of memory of the other man, is that right?
Brenda Van Dam: yes.
mr. Feldman: do you remember whether or not either of those men were present with mr. Westerfield at the time Barbara approached mr. Westerfield?
Brenda Van Dam: i don't think they were.
mr. Feldman: do you recall what you were doing at or near the time these other men arrived?
Brenda Van Dam: talking with Barbara and Denise.
mr. Feldman: where?
Brenda Van Dam: at the bar right here. we had these three chairs and this one was pulled out.
mr. Feldman: i'm sorry, but when you say "here," for the record you described --
Brenda Van Dam: he --
mr. Feldman: -- the three chairs that appear in "b" on the left side; is that correct?
Brenda Van Dam: yes.
mr. Feldman: did you engage the men in conversation at all?
Brenda Van Dam: not that i recall.
mr. Feldman: did mr. Westerfield buy drinks for you and Denise and Barbara?
Brenda Van Dam: yes.
mr. Feldman: how many rounds, do you recall?
Brenda Van Dam: i think one or two.
mr. Feldman: did he put money on the bar or something and just offer people to drink?
Brenda Van Dam: he left his money on the bar.
mr. Feldman: all right. and when -- was that before or after Barbara introduced herself to David?
Brenda Van Dam: the drinks were bought after.
mr. Feldman: okay. how much did you have to drink that night, as best you can recollect it, at the bar?
Brenda Van Dam: three cranberry and vodkas, a shot of tequila, a red bull, some water and maybe a diet coke.
mr. Feldman: and about what time was it that you and the women went out and smoked some more marijuana?
Brenda Van Dam: probably about between 9:30 and 10:00.
mr. Feldman: so you think it was just shortly after you arrived?
Brenda Van Dam: it was probably closer to 10:00.
mr. Feldman: when the decision was made to go out and smoke marijuana, you had already had at least one of the vodkas; isn't that correct?
Brenda Van Dam: yes.
mr. Feldman: and you, Denise and Barbara decided to go out to your car in the parking lot, correct?
Brenda Van Dam: yes.
mr. Feldman: the reason you went out to the car in the parking lot was so that you could get high, isn't that right?
Brenda Van Dam: yes.
mr. Feldman: and apparently you weren't -- had the marijuana that you had smoked earlier worn off or you wanted to get higher?
Brenda Van Dam: i guess it had wore off.
mr. Feldman: when you went into the car -- i'm sorry, you actually went to the Excursion, didn't you?
Brenda Van Dam: yes.
mr. Feldman: you went into the driver's seat, did you?
Brenda Van Dam: yes.
mr. Feldman: Barbara and Denise were where?
Brenda Van Dam: Barbara was in the passenger seat and Denise was in the middle.
mr. Feldman: you rolled the windows down, didn't you?
Brenda Van Dam: yes.
mr. Feldman: turned the stereo on, didn't you?
Brenda Van Dam: yes.
mr. Feldman: turned the music up, didn't you?
Brenda Van Dam: yes.
mr. Feldman: kind of were dancing and rocking out in the car a little bit, weren't you?
Brenda Van Dam: yes.
mr. Feldman: and then you were smoking the marijuana, right?
Brenda Van Dam: i don't know in which -- i don't know if it happened in that, you know --
mr. Feldman: order?
Brenda Van Dam: -- order but --
mr. Feldman: it all happened. you just don't specifically recall at this time in what sequence. how's that?
Brenda Van Dam: right.
mr. Feldman: all right. while you were smoking marijuana, up came Rich Brady and Keith stone, though, isn't that true?
Brenda Van Dam: they walked out with us.
mr. Feldman: who supplied the marijuana?
Brenda Van Dam: we brought it from our house. it was the one we had earlier.
mr. Feldman: okay. so then Rich and Keith shared that with you and the other two women were smoking?
Brenda Van Dam: i don't -- i don't believe that they smoked any.
mr. Feldman: well, didn't Keith say something to you about Barbara?
Brenda Van Dam: Keith later in the night mentioned to me that he would like to get together with Barbara
mr. Feldman: he told you he was really excited, he had taken a little pill, didn't he?
Brenda Van Dam: he did. that was later in the night.
mr. Feldman: and that little pill had a "v" on it, right?
Brenda Van Dam: that's what he told me.
mr. Feldman: he said he was really --
Mr. Dusek: objection, hearsay.
the court: appears to be calling for hearsay, unless it's not for the truth.
mr. Feldman: it's for state of mind.
the court: state of mind, i'll allow it.
mr. Feldman: thank you.
mr. Feldman: he indicated he was really hyped up and excited and he wanted to be with barb, correct?
Brenda Van Dam: yes.
mr. Feldman: now when he told you he took a pill, you asked him what kind of pill he took, didn't you?
Brenda Van Dam: no. he told me.
mr. Feldman: he told you that --
Mr. Dusek: hearsay, your honor.
mr. Feldman: i'll just withdraw the question, your honor.
mr. Feldman: what was Denise doing, if anything, while -- you told us on direct examination, i think, that Barbara and Keith were kissing. do you recall that?
Brenda Van Dam: where are we?
mr. Feldman: back in the bar -- i'm sorry, at the bar in the parking lot in your vehicle smoking, Keith and Richard there, the music's on, the windows are down, how's that?
Brenda Van Dam: okay.
mr. Feldman: now, i forgot the question. were Keith and Barbara kissing?
Brenda Van Dam: I can't remember.
mr. Feldman: well, at some point in that -- we'll call it an interlude, were they kissing?
Brenda Van Dam: i just can't remember.
mr. Feldman: do you remember telling the police that they were french kissing in a very intense manner at that point?
Brenda Van Dam: no, i don't remember.
mr. Feldman: and by your answer do you mean to say it didn't happen or you don't remember whether or not it happened?
Brenda Van Dam: i don't remember whether or not it happened.
mr. Feldman: when -- at some point Keith told you that he wanted to get together with Barbara; is that right?
Brenda Van Dam: yes.
mr. Feldman: and it was at that point that you decided that you would invite Keith over to see whether or not you could facilitate that connection; isn't that correct?
Brenda Van Dam: I told him he could come over and talk with her for a minute at my house but she had to pick up her car.
mr. Feldman: is it true you said fine, she's going to my house. you can come over for a few minutes. maybe the two of you can hook up?
Brenda Van Dam: yes.
mr. Feldman: and when you used the term "hook up" you mean sexually hook up, don't you?
Brenda Van Dam: i thought maybe he could talk with her, maybe they, you know -- whatever they wanted to do outside of my home is fine.
mr. Feldman: but when you used the term "hook up," you meant sexually hook up, isn't that right?
Brenda Van Dam: no.
Mr. Dusek: asked and answered.
the court: she's answered the question.
mr. Feldman: so ultimately did you call your husband to advise him that you had invited the two women and the two men home to the house?
Brenda Van Dam: no.
mr. Feldman: did you find it unusual, at least with regard to your relationship with your husband, that you would do that?
Mr. Dusek: objection, irrelevant, 352.
the court: sustained. you need not answer, ma'am.
mr. Feldman: how much time elapsed between the time you recall Keith being somehow with Barbara around the car and the time you left the bar?
Brenda Van Dam: can you repeat the question?
mr. Feldman: how much time -- you told us it was somewhere 10:00-ish, about 10 o'clock when you went to your car?
Brenda Van Dam: yes.
mr. Feldman: i'll do it a different -- about how long did you spend in your car, if you can recall?
Brenda Van Dam: about 10 minutes.
mr. Feldman: now, it's about 10:00, 10:15-ish?
Brenda Van Dam: yeah.
mr. Feldman: about what time did you leave the bar?
Brenda Van Dam: final alcohol call was about 1:50, and we left a few minutes after that.
mr. Feldman: okay. so you stayed at the bar until last call?
Brenda Van Dam: yes.
mr. Feldman: and is it fair to say that you and your friends continued to drink?
Brenda Van Dam: there was a point in which I didn't drink any more alcohol.
mr. Feldman: do you recall what time that was?
Brenda Van Dam: no, i don't.
mr. Feldman: again, you were the designated driver, though, right?
Brenda Van Dam: yes.
mr. Feldman: do you recall dancing with David Westerfield at all?
Brenda Van Dam: no.
mr. Feldman: by that answer do you mean to say it didn't happen or you don't remember whether or not it happened?
Brenda Van Dam: didn't happen.
mr. Feldman: when mr. Westerfield bought you drinks at the bar, did he say anything to you as you guys came in and took your seats at the bar?
Brenda Van Dam: are we on the first?
mr. Feldman: no, ma'am. -- yes.
Brenda Van Dam: he said "ladies don't buy their own drinks" and he asked if he could buy us a drink.
mr. Feldman: and you let him?
Brenda Van Dam: yes.
mr. Feldman: you're just not sure how many rounds he bought, is that right?
Mr. Dusek: objection, misstates the evidence.
the court: it's been asked and answered repeatedly. next question, please.
mr. Feldman: later in the evening you were playing pool, is that right?
Brenda Van Dam: it was the early part of the evening.
mr. Feldman: at some point in the evening when you were playing pool, Denise was handing you drinks, isn't that right?
Brenda Van Dam: she did.
mr. Feldman: do you remember how many drinks she handed you?
Brenda Van Dam: two.
mr. Feldman: ultimately the decision was made to leave the bar, is that right?
Brenda Van Dam: yes.
mr. Feldman: this is about five to 2:00-ish about, is that a fair statement?
Brenda Van Dam: yes.
mr. Feldman: you told mr. Dusek you left the bar, apparently your friend Barbara forgot her cigarettes, you had to go back to the bar, is that right?
Brenda Van Dam: yes.
mr. Feldman: you picked up her cigarettes, did you?
Brenda Van Dam: yes.
mr. Feldman: and then you drove home, is that right?
Brenda Van Dam: yes.
mr. Feldman: when you got home were Rich and Keith already there?
Brenda Van Dam: no. no.
mr. Feldman: did they arrive a short period of time after you entered your house or did they arrive before you entered your house?
Brenda Van Dam: they were one car in front of us.
mr. Feldman: well, if they were in front of you did they pull into your driveway before you did, ma'am?
Brenda Van Dam: actually, they pulled -- they parked in front of the house along the curb.
mr. Feldman: so you might have been behind 'em but ultimately you pulled in front of them because you pulled onto your driveway, right?
Brenda Van Dam: yes.
mr. Feldman: then the three women got out of the car, right?
Brenda Van Dam: yes.
mr. Feldman: and you went to the front door?
Brenda Van Dam: yes.
mr. Feldman: and let everybody in, is that right?
Brenda Van Dam: yes.
mr. Feldman: the house was dark, wasn't it, before you let people in?
Brenda Van Dam: no. there was -- the tv was on upstairs.
mr. Feldman: okay. that was the light that was radiating from the master bedroom, is that right?
Brenda Van Dam: yes.
mr. Feldman: from the television set, is that right?
Brenda Van Dam: yes.
mr. Feldman: but otherwise, the lights had been turned off, isn't that true?
Brenda Van Dam: yes.
mr. Feldman: so again, it was dark when you came in but for the light that was radiating from the bedroom that was from apparently from the tv, is that right?
Brenda Van Dam: and the light on the monitor, the alarm, that was it.
mr. Feldman: okay. now the alarm monitor, where was that, ma'am?
Brenda Van Dam: it's in the entryway. if you turn left as soon as you enter the front door, it's on the wall going out to the garage.
mr. Feldman: okay. so when you entered your residence, one of the first things you noticed was that light, was that correct?
Brenda Van Dam: yes.
mr. Feldman: that was about 2 o'clock, right?
Brenda Van Dam: yes.
mr. Feldman: what did you do?
Brenda Van Dam: I told Denise that i had either a window or a door open and i needed to find it.
mr. Feldman: where was Barbara when you did that?
Brenda Van Dam: she was in --
mr. Feldman: pardon me?
Brenda Van Dam: she was in the living room. she was just standing in the entryway area
mr. Feldman: okay. so Barbara stayed in the entry way area, and you and Denise then went to go look to try and find what it was that was causing the light to blink?
Brenda Van Dam: no. actually, I went upstairs to tell Damon that Keith and Rich had stopped by and asked him if he wanted to come down.
mr. Feldman: so you went upstairs alone. you didn't have Barbara with you?
Brenda Van Dam: no, I did not.
mr. Feldman: and then you came downstairs alone and Barbara wasn't upstairs, correct?
Brenda Van Dam: correct.
mr. Feldman: Barbara was downstairs when you came downstairs?
Brenda Van Dam: yes.
mr. Feldman: and then the three of you looked to turn off the -- i guess the blinking light that was by the front door, is that right?
Brenda Van Dam: Denise and i started looking for the open door.
mr. Feldman: at some point did somebody succeed in locating an open door?
Brenda Van Dam: Denise and I did.
mr. Feldman: okay. where was that, ma'am?
Brenda Van Dam: it was the garage door leading to the side yard.
mr. Feldman: is that the garage door we were looking at earlier?
Brenda Van Dam: yes.
mr. Feldman: did you close it or do you have personal knowledge that Denise closed it?
Brenda Van Dam: Denise closed it.
mr. Feldman: after Denise closed it where was Barbara?
Brenda Van Dam: Barbara, during that few minutes that we were looking for the door, i guess walked upstairs.
mr. Feldman: did you have to give her permission to go upstairs?
Brenda Van Dam: I didn't.
mr. Feldman: with regard to your relationship with Barbara, is it the case that you weren't real close with her?
Mr. Dusek: objection, vague as to what "real close" means.
the court: all right. restate.
mr. Feldman: with regard to Barbara, is it the case that your relationship with her was such that you were uncomfortable when she was talking with your daughter, Danielle?
Brenda Van Dam: it just struck me as odd because she didn't -- she wasn't around my children that much.
mr. Feldman: so what -- i think what you just told me was there was a time when Barbara was talking to Danielle and whatever -- that's correct, isn't it?
Brenda Van Dam: that was before we left to go out.
mr. Feldman: okay. and when that was occurring it struck you as odd?
Brenda Van Dam: yes.
mr. Feldman: after you came home, Barbara then went upstairs with your permission or without your permission, ma'am?
Brenda Van Dam: she didn't ask me to go. without my permission.
mr. Feldman: and was there a period of time when you were downstairs and Barbara was upstairs?
Brenda Van Dam: there were a few minutes.
mr. Feldman: you're using "few." as best you can estimate it, how much time?
Brenda Van Dam: maybe three minutes.
mr. Feldman: in that three minute period of time what were you doing, ma'am?
Brenda Van Dam: looking for the door that was open.
mr. Feldman: but then you told us you found the door?
Brenda Van Dam: yes.
mr. Feldman: and then you closed the door, right?
Brenda Van Dam: yes.
mr. Feldman: then what did you do?
Brenda Van Dam: Denise and I went back inside, and Keith and Rich asked what Barbara was doing upstairs. I didn't know she had gone upstairs and I said I didn't know.
mr. Feldman: so what did you do?
Brenda Van Dam: I went upstairs.
mr. Feldman: and where did you go?
Brenda Van Dam: to my bedroom.
mr. Feldman: and what did you see?
Brenda Van Dam: Barbara was laying next to Damon.
mr. Feldman: and what was Damon doing?
Brenda Van Dam: they were talking.
mr. Feldman: did you just say Barbara was laying next to Damon, is that right?
Brenda Van Dam: yes.
mr. Feldman: was Damon under the covers?
Brenda Van Dam: yes.
Mr. Dusek: objection, asked and answered.
the court: overruled. the answer was yes.
mr. Feldman: was Barbara above the covers?
Brenda Van Dam: yes.
mr. Feldman: did you notice whether or not they were embracing?
Brenda Van Dam: no.
mr. Feldman: you didn't notice or they were not?
Brenda Van Dam: I didn't notice.
mr. Feldman: did you later notice that your husband put his arm around Barbara?
Brenda Van Dam: no.
mr. Feldman: did you later notice that your husband not only put his arm around Barbara but that they were kissing?
Mr. Dusek: objection, misstates the evidence, the form of the question.
the court: overruled. you can answer.
the witness: I can answer?
the court: you can answer, ma'am.
the witness: no.
mr. Feldman: at any point that night did you see Barbara in bed with your husband?
Brenda Van Dam: yes.
mr. Feldman: what point?
Brenda Van Dam: i just told you.
mr. Feldman: did you say anything to your husband about what had been said to you by the men downstairs?
Brenda Van Dam: no. I told the both of them that they were being rude and they needed to come downstairs.
mr. Feldman: did you raise your voice when you said that?
Brenda Van Dam: no.
mr. Feldman: after you told them they were being rude and they should go downstairs, did you, in fact, go downstairs?
Brenda Van Dam: we all went downstairs.
mr. Feldman: did you all go downstairs together?
Brenda Van Dam: yes.
mr. Feldman: when you went downstairs together, did you first observe whether or not your husband had to get dressed?
Brenda Van Dam: i don't remember seeing him get dressed but i guess he had to.
mr. Feldman: because?
Brenda Van Dam: because he doesn't sleep with clothes on.
mr. Feldman: was there a period of time that elapsed between the time that you exited the bedroom and Barbara and Damon remained in the bedroom?
Brenda Van Dam: no.
mr. Feldman: i'm sorry -- yeah?
Brenda Van Dam: no.
mr. Feldman: so it's your recollection that the three of you exited together?
Brenda Van Dam: it may have taken Damon a minute or two more to get dressed, but he went down -- Barbara and I could have been ahead of Damon.
mr. Feldman: so you don't remember whether or not Damon put his pants on?
Brenda Van Dam: i just answered that. he would have.
mr. Feldman: but you don't have a memory of it?
Brenda Van Dam: I didn't watch him do it.
mr. Feldman: did you notice whether or not Barbara had to put any clothes on?
Brenda Van Dam: she was fully clothed.
mr. Feldman: did you notice whether or not Barbara appeared to be intoxicated that evening?
Brenda Van Dam: she was a little bit.
mr. Feldman: isn't it true you told the police she was toasted?
Brenda Van Dam: yes.
mr. Feldman: when you use the word "toasted," what do you mean to communicate then?
Brenda Van Dam: that she had a little bit too much to drink.
mr. Feldman: and you also described Denise as being toasted; isn't that correct?
Mr. Dusek: objection, vague as to when.
the court: let's put it in time perspective, counsel. sustained.
mr. Feldman: yes, your honor.
mr. Feldman: specifically directing your attention to the evening of the 1st of february -- 1st of february, after you got home, was Denise toasted also?
Brenda Van Dam: i don't know if she was that evening. i know the Friday before she was.
mr. Feldman: had you talked to her about the fact that she appeared in your view to have had too much to drink the previous week?
Brenda Van Dam: did i talk to her when?
mr. Feldman: the 1st. on the 1st about how she was on the 25th?
Brenda Van Dam: i don't remember.
mr. Feldman: was she so toasted that you were embarrassed by her on the 1st?
Mr. Dusek: objection, vague as to when.
mr. Feldman: on the 1st? the court: are we talking at the house, at the bar, where? sustained.
mr. Feldman: i see.
mr. Feldman: was Denise so toasted on the 25th that at the bar you were embarrassed by her behavior?
Brenda Van Dam: yes.
mr. Feldman: was Barbara so toasted on the 1st that you were embarrassed by her behavior?
Brenda Van Dam: no.
mr. Feldman: ultimately the women left your house, is that right?
Brenda Van Dam: yes.
mr. Feldman: 2:30, 3 o'clock, somewhere in there?
Brenda Van Dam: probably about 2:20.
mr. Feldman: are you guessing?
mr. Feldman:
Brenda Van Dam: i'm approximate between 2:20, 2:30.
mr. Feldman: ultimately then after they left the house did you and Damon go to bed?
Brenda Van Dam: after the girls left the house?
mr. Feldman: after the guests, whatever, the company, the women, the men, did you go back upstairs with your husband?
Brenda Van Dam: yes.
mr. Feldman: did you prepare to go to sleep?
Brenda Van Dam: yes.
mr. Feldman: i think at some point -- didn't you at some point, though, go upstairs and close your children's doors?
Brenda Van Dam: when I went up the first time.
mr. Feldman: can you please tell me when in relation to the sequence -- when was the first time?
Brenda Van Dam: when we first entered the home, and I told Denise that i had a door open i needed to find, I went upstairs to tell Damon that Keith and Rich were there. i asked him how bedtime went. he told me everything was fine. he told me that nobody asked for me. and at that time Keith and Rich were coming into the house. their voices were traveling upstairs and I went to the children's doors and closed them.
mr. Feldman: okay. closed them tight or closed them --
Brenda Van Dam: shut them.
mr. Feldman: i'm sorry. just so that they -- you know, when you close a door, sometimes it makes a sound that you know it's closed tight?
Brenda Van Dam: yes.
mr. Feldman: so you intended to close the doors tightly, is that right?
Brenda Van Dam: yes.
mr. Feldman: okay. do you consider yourself to be kind of a touchy sort of a person? i don't mean emotionally touchy, i mean physically touchy?
Brenda Van Dam: yes.
mr. Feldman: and so when you communicate with people you use your hands in gestures, is that right?
Brenda Van Dam: yes.
mr. Feldman: and you may touch them from time to time, is that right?
Brenda Van Dam: yes.
mr. Feldman: with regard to your communications with mr. Westerfield in the bar on the 1st, do you recall any of those communications touching him?
Brenda Van Dam: no.
mr. Feldman: with regard to your communication with detective Labore, do you recall touching him during your communication with him?
Mr. Dusek: objection, irrelevant.
the court: overruled. you may answer that.
the witness: i don't recall.
mr. Feldman: do you recall in your interview with detective Labore, detective labore asking you whether or not you touched David during your communications, innocent touching, innocent touching, do you recall that question?
Brenda Van Dam: no, i don't.
mr. Feldman: do you recall answering you could have?
Mr. Dusek: objection, improper impeachment, your honor.
the court: sustained. you need not answer, ma'am.
mr. Feldman: do you still have the transcript up there? i see. counsel, 255, page 55, discovery 255. ma'am, i'm showing you just -- i'm sorry. for the record --
Mr. Dusek: improper foundation, your honor, because she doesn't remember.
mr. Feldman: that's right. i'm trying to refresh her recollection.
mr. Feldman: exhibit 36, ma'am, we have a bate stamp that's called 255, b-a-t-e. it's page 55. i'd just like you to read around wherever you're comfortable so that you get the context of the communication.
(pause)
mr. Feldman: have you had an opportunity to review that?
Brenda Van Dam: yes.
mr. Feldman: does reviewing that document refresh your recollection; first, as to whether or not you touched -- detective Labore -- during the communication you had with him?
Brenda Van Dam: it doesn't.
mr. Feldman: are you doing your best to be truthful with detective Labore when you were speaking to him?
Brenda Van Dam: yes.
mr. Feldman: and does reading the transcript refresh your recollection as to whether or not you touched mr. Westerfield, although innocently or not, as you were speaking to him?
Brenda Van Dam: it says right in here i don't know if i touched him. i don't know.
mr. Feldman: it says "I could have"?
Brenda Van Dam: I could have, i don't know.
mr. Feldman: okay. so are you telling the jury today that, in fact, you could have touched mr. Westerfield, you're just not sure?
Brenda Van Dam: yes.
Mr. Dusek: objection, asked and answered.
the court: overruled. the answer is yes. sustained.
mr. Feldman: back at the bar, okay -- i'm switching subjects on you. back at the bar did -- when you were playing pool, did you play pool with mr. Westerfield's friends, do you recall?
Brenda Van Dam: yes.
mr. Feldman: can you explain how that went, please?
Brenda Van Dam: Denise and i were gonna play one table together and they came over and asked Denise if they could join us.
mr. Feldman: "they" meaning the two men that you had earlier seen with mr. Westerfield or mr. Westerfield and the two men?
Brenda Van Dam: just the two men.
mr. Feldman: had you seen mr. Westerfield with those two men earlier that evening?
Brenda Van Dam: yes.
mr. Feldman: was that before or after you went out into the parking lot?
Brenda Van Dam: that was before.
mr. Feldman: do you recall what time mr. Westerfield may have left the bar that evening?
Brenda Van Dam: no.
mr. Feldman: you weren't paying attention, were you?
Brenda Van Dam: no.
mr. Feldman: and it was at -- was it at the bar or at the pool table that you talked about going to italy for the father/daughter dance?
Brenda Van Dam: it was at the bar.
mr. Feldman: and that was right about the time mr. Westerfield had purchased the drinks?
Brenda Van Dam: yes.
mr. Feldman: when you had pulled the chairs up and he was right there?
Brenda Van Dam: he was behind me.
mr. Feldman: ultimately, when you decide -- i'm changing again, sorry. now it's 2:30, 3 o'clock, whatever. you decide to go to sleep with the family. do you recall whether or not the lights upstairs were turned off?
Brenda Van Dam: they were off.
mr. Feldman: and do you recall where was the dog?
Brenda Van Dam: at that time she was in our room.
mr. Feldman: are you guessing? you're not sure?
Brenda Van Dam: no. she was in our room.
mr. Feldman: to keep the dog in would you close your door or leave it cracked open so that you would hear? how was that?
Brenda Van Dam: we closed the door so the dog would stay in our room.
mr. Feldman: so your door was closed tight?
Brenda Van Dam: yes.
mr. Feldman: i'm sorry, i'm switching again. but you'll be happy to know i'm winding down. on the issue of your statement, in terms of when the dog bit Danielle or -- i'm sorry, scratched Danielle -- i'm trying to focus you on which day it was. do you recall telling a police officer that it was on the previous tuesday that Danielle had been scratched by the dog and that you had chastised her for complaining too much about it?
Mr. Dusek: objection, asked and answered.
the court: it's been covered, counsel. sustained.
mr. Feldman: can i sidebar? the court: it's been covered.
mr. Feldman: but -- the court: move on to another area
mr. Feldman: very well.
mr. Feldman: the next morning you realized that there was a problem. I want to move you through the emotion. i don't want you to go to the emotion if I can keep you out of the emotion, sorry. i know you had to talk to the police. with regard to the first police officer, ma'am, do you recall a uniformed officer showing up?
Brenda Van Dam: yes.
mr. Feldman: there was a 911 call that was placed. do you recall that?
Brenda Van Dam: yes.
mr. Feldman: you made the 911 call, is that right?
Brenda Van Dam: yes.
mr. Feldman: between the time of the 911 call and the time the police showed up, do you know about how much time elapsed? did it seem quick? did it seem like it was taking too long?
Brenda Van Dam: it seemed like it was taking too long.
mr. Feldman: all right. in that window -- in that period of time between the 911 call and the time the police arrived did you have conversations with your husband, Damon?
Brenda Van Dam: we were searching for Danielle.
mr. Feldman: did you specifically discuss with Damon that it would not be a good idea for you to discuss your sexual private life?
Brenda Van Dam: no.
mr. Feldman: so you and Damon never discussed withholding from the police the fact that you may have had a sexual relationship with Barbara and Denise, who had been in your home that evening, correct?
Brenda Van Dam: repeat it, please?
mr. Feldman: you did not discuss with Damon withholding from the police --
Brenda Van Dam: to withhold?
mr. Feldman: yes.
Brenda Van Dam: okay.
mr. Feldman: -- to withhold from the police the fact of your sexual behaviors with Barbara and Denise?
Brenda Van Dam: no.
mr. Feldman: nor did you have a conversation with Damon to withhold from the police the fact that you had used marijuana on the evening of february 1st?
Brenda Van Dam: no.
mr. Feldman: when you say no, do you mean to say the conversation did not occur?
Brenda Van Dam: no, it did not occur.
mr. Feldman: when the police first talked to you it was a uniformed officer, was it not?
Brenda Van Dam: yes, it was.
mr. Feldman: you didn't tell the uniformed officer, did you?
Brenda Van Dam: tell him what?
mr. Feldman: pardon me?
Brenda Van Dam: tell him what?
mr. Feldman: that you had smoked marijuana the evening before?
Brenda Van Dam: the first initial officer? no.
mr. Feldman: nor -- some period of time later you were interviewed -- actually, you and Damon both were taken to the police department to be interviewed; isn't that correct?
Brenda Van Dam: yes.
mr. Feldman: and you were interviewed by a police officer, is that right?
Brenda Van Dam: yes.
mr. Feldman: do you recall the name of the police officer?
Brenda Van Dam: i think it may have been Ramirez.
mr. Feldman: all right. do you recall officer Ramirez telling you that it was absolutely essential that you tell everything that you had done on the evening of the 1st?
Brenda Van Dam: i answered every question she asked me. i don't recall her asking me that.
mr. Feldman: you don't recall --
Brenda Van Dam: go ahead.
mr. Feldman: I didn't want to interrupt you.
Brenda Van Dam: no. i answered all the questions she asked me. told her what I could tell her.
mr. Feldman: did you tell her that you had had intimate relations with the two women that had been in your house, ma'am?
Brenda Van Dam: during the --
mr. Feldman: ever?
Brenda Van Dam: can you repeat it?
mr. Feldman: sure. when you talked with officer Ramirez, did you disclose to officer Ramirez first that you had smoked marijuana the night before?
Brenda Van Dam: i don't recall if I told her.
mr. Feldman: did you disclose to officer Ramirez that the women that had been in your house had been intimate with you in the past?
Brenda Van Dam: no.
mr. Feldman: even though the officer told you -- even though the officer told you it was very important for you to communicate the names of everyone that had been in your house?
Brenda Van Dam: I told him everyone that had been in my house.
mr. Feldman: do you recall somewhere around 5:30 or 6:00 p.m. a communication from an officer to you telling you that Damon said he had disclosed the sex, it was okay for you to talk about it? do you recall that communication?
Brenda Van Dam: are you talking about on saturday evening?
mr. Feldman: i'm talking about whenever it happened, ma'am.
Brenda Van Dam: no. it never came out that Damon --
mr. Feldman: i'm sorry. are you telling us that it never came out that no police officer told you that Damon had said it's okay for you, ma'am, to --
Brenda Van Dam: no, I did not.
mr. Feldman: did the police tell you they had talked with Barbara easton between the time you and Damon had talked with them and that Barbara easton had provided information that neither you nor Damon had provided?
Brenda Van Dam: no. they didn't tell me that either.
mr. Feldman: you're sure about that?
Brenda Van Dam: they never told me any of that.
mr. Feldman: so it's your testimony that law enforcement never indicated to you that they heard some things about your relationship with your husband, in those words, ma'am?
Brenda Van Dam: they came to me and they asked me if there was anything that we didn't tell them, and they asked me if i had an open marriage, and they never told me any of that other stuff.
mr. Feldman: didn't they say to be honest, we heard some things about your relationship with your husband, it didn't come up before but we need to talk about it?
Brenda Van Dam: yes.
mr. Feldman: it was when that statement made that you then disclosed your relationship as it really was with Barbara and Denise and Damon, et cetera?
Brenda Van Dam: yes.
mr. Feldman: and that was on february the 3rd at 2:13 in the morning, wasn't it?
Brenda Van Dam: yes.
mr. Feldman: your honor, i'd like a moment.
the court: sure.
(pause)
mr. Feldman: in your house did you have a computer, ma'am?
Brenda Van Dam: yes.
mr. Feldman: was that a computer that was used by your husband?
Brenda Van Dam: yes.
Mr. Dusek: objection, relevancy.
the court: at this point i'm not sure, but the answer was yes. it will stand.
mr. Feldman: and is it correct that -- is it correct that you would observe your husband viewing naked 20-year-olds --
Mr. Dusek: objection, your honor.
the court: sustained.
Mr. Dusek: ask the jury be admonished, and counsel.
the court: yes. let's approach sidebar, mr. Feldman.
----
the court: okay, ladies and gentlemen. just before we went to sidebar you had heard a question without an answer. i just want the remind you that questions are not evidence. you're not to infer or put anything into a question that is never answered. so disregard that question.
mr. Feldman: thank you, your honor. no further questions.
the court: anything further, mr. Dusek?
redirect examination by mr. Dusek:
mr. Dusek: ma'am, when you first spoke with the first police officer, was it a uniform officer?
Brenda Van Dam: yes.
mr. Dusek: how long did you speak with that officer, would you think?
Brenda Van Dam: approximately 10 minutes, 15 minutes.
mr. Dusek: what were you trying to convey to that officer?
Brenda Van Dam: that Danielle was gone.
mr. Dusek: were you trying to convey to that officer what you had done on any other occasions, months or years before?
Brenda Van Dam: no.
mr. Dusek: when you were asked regarding your activities with any of these people, did you provide the answers?
Brenda Van Dam: yes.
mr. Dusek: and you told them everything you could think of, didn't you?
Brenda Van Dam: I would tell them anything --
mr. Feldman: objection, argumentative.
the court: overruled. you may answer, ma'am.
the witness: I would have told them anything they needed to get Danielle back.
mr. Dusek: and you did it on tape for us all to listen to, didn't you?
Brenda Van Dam: none of that matters. all that matters was getting her back.
mr. Feldman: objection, nonresponsive, your honor.
the court: overruled. the answer will stand.
mr. Dusek: you were asked questions regarding walking around the neighborhood with your dog, Layla?
Brenda Van Dam: yes.
mr. Dusek: how often would you go out with Layla -- or would Layla be able to get outside the house?
Brenda Van Dam: our poor dog's neglected. she never gets walked. maybe once every three weeks or once a month.
mr. Dusek: does she walk with a leash or without?
Brenda Van Dam: with a leash.
mr. Dusek: have you ever seen that dog go into mr. Westerfield's residence?
Brenda Van Dam: never.
mr. Dusek: have you ever seen that dog go into mr. Westerfield's motor home?
Brenda Van Dam: never.
mr. Dusek: you were asked about your children going to visit friends in the neighborhood, one of them being Taylor?
Brenda Van Dam: yes.
mr. Dusek: where does Taylor live in relation to your house?
Brenda Van Dam: she lives around the corner on briar leaf.
mr. Dusek: when you go around the corner on Briar Leaf you have to stay on the same side of the street as your house is?
Brenda Van Dam: yes.
mr. Dusek: and do you follow -- do you have any responsibility for her when she goes to visit?
Brenda Van Dam: i watch her walk up the street.
mr. Dusek: why?
Brenda Van Dam: because I want to make sure she gets there.
mr. Dusek: do you go with her all the way to Taylor's house?
Brenda Van Dam: i stand at the corner and watch her go up, and then i call to make sure everything's okay.
mr. Dusek: do you know if she's being received by somebody as they are going up there?
Brenda Van Dam: Taylor's mom.
mr. Dusek: how do you know?
Brenda Van Dam: i'd call her.
mr. Dusek: would you see her waiting to see your child?
Brenda Van Dam: I could see them.
mr. Dusek: why would you go -- why would you not let her go by herself?
Brenda Van Dam: because i don't -- didn't want anything to happen to her.
mr. Dusek: there was another child that you mentioned, Sarah, is that it?
Brenda Van Dam: yes.
mr. Dusek: where does Sarah live in relation to your house?
Brenda Van Dam: she lives the other way on Briar Leaf.
mr. Dusek: so as you go from your house to Briar Leaf you turn right?
Brenda Van Dam: yes.
mr. Dusek: and is that -- did she ever go down there by herself to visit?
Brenda Van Dam: no.
mr. Dusek: does she ever go there to visit?
Brenda Van Dam: yes.
mr. Dusek: how does she get there?
Brenda Van Dam: i drive her.
mr. Dusek: why?
Brenda Van Dam: so i know where she is.
mr. Dusek: how do the kids walk to school? what path do they take?
Brenda Van Dam: they would turn right onto Briar Leaf, and go down the side street. and I could watch 'em from our door cross the street and go down the side street and they would go down that way.
mr. Dusek: when they would walk to school would they have to walk in front of the defendant's house?
Brenda Van Dam: no.
mr. Dusek: the motor home that you mentioned on cross-examination here regarding mr. Westerfield, do you recall about when it was when the neighbors and you were discussing the motor home being parked around his house?
Brenda Van Dam: it was sometime last year.
mr. Dusek: from the time that Danielle was taken from your house, are you able to estimate when was the last time you had seen the motor home in the neighborhood?
mr. Feldman: objection, question assumes facts not in evidence.
the court: overruled. you may answer.
the witness: it had been over two months at least.
mr. Dusek: there was a mention about a ceramic cafe on one of your outings with your girlfriends. what's the ceramic cafe?
Brenda Van Dam: you paint pottery, ceramics.
mr. Dusek: on the 25th of january, your first time to Dad's with the two girlfriends and mr. Westerfield was there --
Brenda Van Dam: yes.
mr. Dusek: -- there was discussions about the line dancing and grabbing the person in front of you. do you know whether or not mr. Westerfield was present when that was going on?
Brenda Van Dam: i don't.
mr. Dusek: do you know if he even saw what was going on?
Brenda Van Dam: i don't.
mr. Dusek: do you know whether -- do you know what time he left that evening?
Brenda Van Dam: no.
mr. Dusek: do you know if he left before or after you, can you remember?
Brenda Van Dam: I can't.
mr. Dusek: questions were raised about selling the cookies and mr. Westerfield contributed to the charity for the servicemen overseas; is that correct?
Brenda Van Dam: yes.
mr. Dusek: how much did he contribute to the servicemen overseas?
Brenda Van Dam: one box.
mr. Dusek: there's reference to a father/daughter dance in the questions you just answered. that was coming up when?
Brenda Van Dam: the thursday after she was taken.
mr. Dusek: and were you making some sort of preparations for her to go that last Friday ?
Brenda Van Dam: that's why we were at Mervyn's. we were shopping.
mr. Dusek: what were you trying to find?
Brenda Van Dam: something special to go with the theme.
mr. Dusek: did you find something?
Brenda Van Dam: yes.
mr. Dusek: what did you find?
Brenda Van Dam: a really sparkly shirt and -- it was two pieces. and she had these sparkly pants to go with it. the theme was to be a star.
mr. Dusek: did you buy it for her?
Brenda Van Dam: yes.
mr. Dusek: and when was it in there that the boys wanted to go somewhere else?
Brenda Van Dam: while we were looking for the clothes, Derek and Dylan wanted to run over to the toy store and pick out Dylan's gift, so i watched them go over there real quick, went back, finished picking out some stuff for Danielle. she went into the dressing room to try it on, and then i ran over and got them real quick and brought them back.
mr. Dusek: how was she when you got there?
Brenda Van Dam: she was trying on clothes.
mr. Dusek: the photographs that we showed you here of Danielle, both before and after the haircut, the one passport photo was -- i think you told us when that was taken, in january; is that correct?
Brenda Van Dam: the passport photo?
mr. Dusek: the passport photograph, when was that taken?
Brenda Van Dam: february 1st.
mr. Dusek: february. and the other photograph, the school photograph, when was that taken?
Brenda Van Dam: october.
mr. Dusek: there was questions regarding Barbara being around your daughter.
Brenda Van Dam: yes.
mr. Dusek: were you concerned about the safety of your daughter with Barbara being around her?
Brenda Van Dam: no.
mr. Dusek: why not?
Brenda Van Dam: because Barbara wouldn't -- Barbara's nice. she wouldn't do anything to hurt my children.
mr. Dusek: so -- but you let Barbara go upstairs to your house, the children were up there, didn't you?
Brenda Van Dam: I didn't let her. she went up there.
mr. Dusek: didn't that endanger your children?
Brenda Van Dam: no.
mr. Dusek: why not?
Brenda Van Dam: because they were tucked away in their beds.
mr. Dusek: when Barbara left the house that night did she have your child?
mr. Feldman: asked and answered.
the court: sustained. it's been covered, counsel.
mr. Dusek: was anything missing from your house the morning that you got up and she was gone?
Brenda Van Dam: my daughter.
mr. Dusek: did you check to see if any personal belongings or other items were missing from the house?
Brenda Van Dam: i checked to try and find out what pair of pajamas she was wearing.
mr. Dusek: were you able to determine that?
Brenda Van Dam: yes.
mr. Dusek: how?
Brenda Van Dam: because i'm a person who buys all the clothing. i know what she has, and i know which pajamas she likes to wear the most, and they weren't in the house.
mr. Dusek: were those the ones that you described earlier for me?
Brenda Van Dam: yes.
mr. Dusek: was anything else missing or taken from your house?
Brenda Van Dam: not that i know of.
mr. Dusek: how thoroughly did you check?
Brenda Van Dam: i checked jewelry. i checked everything to see if anything else was missing. i wished they had taken everything else but her.
Mr. Dusek: thank you, ma'am.
the court: all right. anything further, mr. feldman.
mr. Feldman: no. thank you.
the court: all right. may this witness be subject to the order of the court made yesterday?
mr. Feldman: yes, your honor.
Mr. Dusek: yes. thank you.
the court: all right. ma'am, you're free to leave at this time, and mr. Dusek will keep you posted on when you may return. thank you for coming in. counsel, there's an exhibit on the table. all right. you're free to go. all right. mr. Dusek.