28082 – August 28th 2002 – penalty phase – David Westerfield trial – morning 2

SAN DIEGO, CALIFORNIA, WEDNESDAY, AUGUST 28, 2002, (morning 2)


Penalty phase August 28th 2002 – 2


Peter Damon Van Dam (Danielle’s father)


9980
1 THE COURT: WELCOME BACK, LADIES AND GENTLEMEN.
2 ALL RIGHT. MR. DUSEK.
3 MR. DUSEK: DAMON VAN DAM.
4 THE COURT: ALL RIGHT.
5 MR. VAN DAM, YOU’RE STILL UNDER OATH, SIR. IF
6 YOU’D KINDLY COME FORWARD AND RESUME THE WITNESS CHAIR.
7
8 -DAMON VAN DAM, +
9 THE PEOPLE’S WITNESS, PREVIOUSLY HAVING BEEN SWORN, TESTIFIED
10 FURTHER AS FOLLOWS:
11
12 DIRECT EXAMINATION +
13 BY MR. DUSEK:
14 Q.: LET’S START OFF WITH AN EASY ONE.
15 HOW OLD ARE YOU, SIR?
16 A.: THAT’S NOT EVEN EASY. THIRTY-SEVEN.
17 Q.: THIRTY-SEVEN NOW?
18 A.: YEAH.
19 Q.: WHEN DID YOU HAVE YOUR BIRTHDAY?
20 A.: JULY 13TH.
21 Q.: DO YOU REMEMBER WHERE YOU WERE LIVING WHEN DANIELLE
22 WAS BORN?
23 A.: WE WERE LIVING IN DALLAS, TEXAS OUTSIDE OF DALLAS,
24 TEXAS.
25 Q.: IS THAT WHERE YOU WERE WORKING AT THE TIME?
26 A.: YES.
27 Q.: HOW OLD WERE YOU WHEN SHE WAS BORN?
28 A.: TWENTY-NINE OR 30.

9981

1 Q.: DO YOU REMEMBER ANYTHING ABOUT HER BIRTH?
2 A.: SHE WAS A REAL BIG BABY, AND ABOUT A WEEK BEFORE
3 SHE WAS DUE, BRENDA — SHE WAS TOO BIG FOR BRENDA, AND SHE WAS
4 HAVING TROUBLES WITH THE PREGNANCY SO THEY HAD TO INDUCE HER,
5 AND BRENDA WAS INDUCED FOR I THINK ABOUT 12 HOURS BEFORE THEY
6 FINALLY C-SECTIONED HER.
7 Q.: WHEN YOU SAY REAL BIG, DO YOU KNOW HOW BIG SHE WAS?
8 A.: SHE WAS ALMOST 11 POUNDS, TEN 15 AND A HALF. I
9 REMEMBER SPECIFICALLY BECAUSE SINCE THEY C-SECTIONED, BRENDA WAS
10 UNDER AND I GOT TO GO WITH DANIELLE INTO THE NURSERY, AND THEY
11 PUT HER ON THE SCALE AND TEN 15 AND A HALF, JUST SHY OF 11, AND
12 I GOT TO GIVE HER HER FIRST BATH AND CLEAN HER UP.
13 Q.: WAS SHE A GOOD BABY?
14 A.: SHE WAS A GREAT BABY. SHE —
15 Q.: DID SHE SLEEP THROUGH THE NIGHT?
16 A.: SHE SLEPT THROUGH THE NIGHT RIGHT AWAY. AND AFTER
17 OUR FIRST CHILD, IT WAS KIND OF SCARY EVEN THAT SHE SLEPT SO
18 WELL AND SHE WAS — SHE WAS VERY, YOU KNOW, TEMPERAMENTAL AND
19 EVERYTHING. SHE WAS JUST A GREAT GIFT.
20 Q.: HOW LONG DID YOU REMAIN IN TEXAS, DO YOU REMEMBER,
21 AFTER DANIELLE WAS BORN?
22 A.: I BELIEVE SHE WAS TWO. ABOUT TWO. MAYBE A LITTLE
23 YOUNGER.
24 Q.: AND HOW OLD WAS SHE WHEN YOU EVENTUALLY MOVED HERE
25 TO SAN DIEGO?
26 A.: THREE. WE MOVED TO PHOENIX ONLY LESS THAN A YEAR.
27 Q.: AND THEN FROM PHOENIX YOU CAME HERE TO THE SAN
28 DIEGO AREA?

9982

1 A.: YES.
2 Q.: IS THAT WHEN YOU SETTLED IN THE SABRE SPRINGS AREA?
3 A.: WE LIVED IN AN APARTMENT RIGHT DOWN THE STREET FROM
4 IT ON MERCY ROAD.
5 Q.: WHERE DID DANIELLE FIRST GO TO SCHOOL?
6 A.: HER FIRST SCHOOL WAS — WAS MORNING CREEK.
7 Q.: IS THAT WHERE SHE WENT TO KINDERGARTEN?
8 A.: YEAH.
9 Q.: WERE YOU WORKING AT THE TIME?
10 A.: YEAH.
11 Q.: WHAT TYPE OF WORK, SIR?
12 A.: TEST ENGINEER.
13 Q.: WERE YOU INVOLVED — ACTIVELY INVOLVED IN HER
14 DAY-TO-DAY SCHOOL ACTIVITIES WHILE SHE WAS AT SCHOOL?
15 A.: GOING TO THE SCHOOL EVERY DAY, NOT REALLY.
16 Q.: WHO WAS?
17 A.: BRENDA WAS.
18 Q.: DID YOU ATTEND ANY SCHOOL FESTIVITIES OR ACTIVITIES
19 WHILE SHE WAS IN SCHOOL THERE?
20 A.: WE’D GO TO PARENTS’ DAY. I’D GO TO EVERY PARENTS’
21 DAY THEY HAD, PICK ‘EM UP AT SCHOOL SOMETIMES. I DID A PARENTS’
22 TALK ON WHAT YOU DO. SHE ASKED MY TO COME IN. I RIDE BIKES A
23 LOT AND USED TO RACE, AND SHE ASKED ME TO COME IN AND TELL ABOUT
24 RIDING BIKES, SO I DID THAT FOR HER CLASS.
25 Q.: WHO DID YOU DO THAT FOR?
26 A.: FOR THE CLASS.
27 Q.: IT WAS KIND OF SHOW OFF YOUR PARENT DAY?
28 A.: YEAH, YEAH. I THINK THAT WAS KINDERGARTEN.

9983

1 Q.: SHE WAS IN THE SECOND GRADE WHEN SHE WAS TAKEN FROM
2 YOU?
3 A.: HMM.
4 Q.: IS THAT RIGHT?
5 DID YOU GET INVOLVED IN HER SCHOOL WORK WHILE SHE
6 WAS THERE IN THE SECOND GRADE, HELP HER AT HOME?
7 A.: YEAH, WE’D HELP ON HOMEWORK A LOT. I HELPED ON
8 MATH A LITTLE MORE AND BRENDA ON THE WORDS AND STUFF, AND THEN I
9 WOULD READ — I WOULD READ TO ALL THREE OF THEM EVERY NIGHT.
10 Q.: WHY WOULD YOU DO THE MATH AND BRENDA WOULD DO THE
11 READING?
12 A.: I’M MORE OF A MATH GUY. BRENDA WOULD DO — WE
13 SHARED PRETTY MUCH EVERYTHING.
14 Q.: HOW WAS DANIELLE IN THE MATH?
15 A.: PRETTY GOOD. PRETTY GOOD. SHE WAS DEDICATED
16 ENOUGH TO WHERE IT WAS PRETTY MUCH JUST SIT DOWN AND SHE WOULD
17 DO IT HERSELF AND THEN YOU’D CHECK HER OVER AND HELP HER WITH
18 THE PROBLEMS SHE MISSED, TALK ABOUT THE PROBLEMS SHE MISSED.
19 Q.: AND WHEN SHE MADE A MISTAKE OR DIDN’T GET THE
20 ANSWERS RIGHT HOW WOULD SHE REACT?
21 A.: SHE WAS — SHE WOULDN’T GET FRUSTRATED LIKE THE
22 OTHER — OUR OTHER KIDS DO. SHE WOULD JUST FIX IT AND TRY AND
23 UNDERSTAND WHY SHE — YOU KNOW, WHERE SHE WENT WRONG.
24 Q.: WAS SHE INVOLVED IN ANY RESPONSIBILITIES AROUND THE
25 HOUSE; CHORES, ASSIGNMENTS, THAT TYPE OF THING?
26 A.: EVERYBODY HAS TO CLEAN UP THEIR ROOM, WHICH DOESN’T
27 HAPPEN TOO REGULARLY BUT THEY’RE PRETTY GOOD AT IT, FEEDING THE
28 DOG AND WALKING THE DOG. WE’D STARTED TO WALKING THE DOG ‘CAUSE

9984
1 WE HAD JUST GOT THE DOG.
2 Q.: DID SHE ASSIST YOU IN ANY OF THE THINGS THAT YOU
3 DID AROUND THE HOUSE?
4 A.: YEAH. SHE LOVED TO HELP, HELP WITH THE YARD WORK,
5 PICKING UP THE BRANCHES FROM CLIPPINGS. SHE LOVED TO HELP IN
6 THE GARAGE WHEN I’D WORK ON THE CARS AND GET ME THE WRENCHES AND
7 LEARN WHAT THE DIFFERENT THINGS WERE WHEN I’D WORK ON BRAKES OR
8 STUFF.
9 Q.: SHE’D DO THE CAR WORK WITH YOU?
10 A.: WELL, SHE’D LIKE GET THE WRENCHES, AND I’D TELL HER
11 WHAT I WAS DOING, YOU KNOW, WHAT EACH PART WAS, AND SHE LIKED
12 IT. SHE LOVED TO DO THAT. SHE LOVED TO COME OUT AND HELP ME.
13 Q.: WHERE WERE THE BOYS?
14 A.: THE BOYS AREN’T — BOTH DON’T LIKE THE HOUSE SO
15 MUCH. THEY’D RATHER PLAY THEIR VIDEO GAMES.
16 SHE LOVED THE WOOD PROJECTS, TOO. ACTUALLY, ALL
17 LOVED THE WOOD PROJECTS. WHENEVER I’D WORK WITH WOOD OUT THERE
18 THEY’D HAVE TO POUND TWO PIECES TOGETHER AND/OR GLUE ‘EM
19 TOGETHER AND THEN COLOR ON THEM AND MAKE DIFFERENT LITTLE PIECES
20 OF ART OUT OF WOOD.
21 BRENDA AND I BOTH HAVE LITTLE PIECES THEY MADE, AS
22 A MATTER OF FACT, ON OUR NIGHT STANDS.
23 Q.: CONCERNING DANIELLE, WHAT TYPE OF THINGS WOULD SHE
24 MAKE OUT THERE ON THE WOOD PROJECTS?
25 A.: ABSTRACT ART SHE MADE FOR ME. ACTUALLY, SHE MADE
26 AT SCHOOL JUST A PIECE OF ABSTRACT ART WITH CUT PIECES OF WOOD
27 AND I HELPED HER MAKE ONE FOR MOMMY. AND THEN THEY’D JUST NAIL
28 THINGS TOGETHER, AIRPLANES BY JUST CROSSING A COUPLE PIECES OF

9985
1 WOOD AND PUTTING A TAIL ON IT AND THEN THEY’D PAINT IT AND
2 COLOR. A BIRDHOUSE WE MADE IN THE GARAGE ALL THREE OF THEM
3 MADE.
4 Q.: ALL THREE BEING?
5 A.: ALL THREE KIDS, DEREK, DYLAN AND DANIELLE HELPED ME
6 MAKE A BIRDHOUSE FOR MOTHER’S DAY ONE MOTHER’S DAY.
7 Q.: WHAT WAS DONE WITH THE BIRDHOUSE?
8 A.: WE STARTED PAINTING IT AND — ACTUALLY, WE NEVER
9 FINISHED PAINTING IT. WE STILL HAVE IT IN THE GARAGE.
10 Q.: DID YOU KEEP SOME OF THOSE THINGS?
11 A.: I KEPT ALL OF THEM. THEY’RE ALL HANGING IN THE
12 GARAGE.
13 Q.: WERE THERE SCHOOL ACTIVITIES THAT YOU GOT INVOLVED
14 IN, THINGS THAT YOU DID WITH DANIELLE AT SCHOOL OR WERE GOING TO
15 DO WITH DANIELLE?
16 A.: THE FATHER/DAUGHTER DANCE WAS THE ONE BIGGEST ONE
17 SHE LIKED. BUT WE’D GO TO PRESENTATIONS. THEY’D HAVE THEIR
18 RECITALS WHERE THE CLASS WILL GET UP AND SING FOR CHRISTMAS, AND
19 WE’D GO TO THOSE AND SHE LOVED DOING THAT.
20 THE FATHER/DAUGHTER DANCE SHE LIKED MOST BECAUSE IT
21 WAS JUST ME AND HER, AND SHE’D GET A DRESS AND GET DRESSED UP
22 AND I’D GET HER A CORSAGE AND I’D GET MY SUIT AND TIE AND —
23 Q.: HOW MANY FATHER/DAUGHTER DANCES DID YOU GO TO, MR.
24 VAN DAM?
25 A.: TWO, ONE AT CREEKSIDE AND ONE AT MORNING CREEK.
26 Q.: DID YOU HAVE ANY PICTURES TAKEN?
27 A.: YES.
28 Q.: WAS THERE ONE COMING UP BEFORE SHE WAS TAKEN FROM

9986
1 YOU?
2 A.: YEAH, THERE WAS ONE COMING UP.
3 Q.: WHEN WAS THAT GOING TO BE?
4 A.: I THINK ABOUT A WEEK AFTER IT HAPPENED.
5 Q.: WHAT WAS DANIELLE’S ATTITUDE ABOUT THOSE
6 FATHER/DAUGHTER DANCES?
7 A.: SHE ABSOLUTELY LOVED THEM, LOVED SPENDING TIME
8 ONE-ON-ONE WITH ME LIKE THAT. AND GETTING ALL DRESSED UP WAS
9 THE BIGGEST THING, AND SEEING ALL HER FRIENDS ALL DRESSED UP
10 LIKE THAT.
11 Q.: WHAT WOULD HAPPEN AT THE DANCE?
12 A.: WE’D GO GET PICTURES AND DRINK PUNCH AND DANCE.
13 AND THEY’D HAVE THE SLOW DANCES. SHE DANCED WITH ME AND THEN
14 THEY’D HAVE THE BRITTANY SPEARS MUSIC AND ALL THE GIRLS WOULD
15 DANCE TOGETHER IN THE MIDDLE OF THE HALL.
16 Q.: HOW DID DANIELLE DO IN SCHOOL, IN SCHOOL WORK?
17 A.: SHE LOVED SCHOOL. SHE LOVED DOING THE SCHOOL WORK.
18 SHE WAS REAL DEDICATED TO DOING WORK. SHE’D DO MORE WORK THAN
19 SHE HAD TO. IN FACT, ON THE NIGHT SHE WAS TAKEN SHE WAS DOING
20 WORK THAT WASN’T FOR SCHOOL. IT WAS JUST, YOU KNOW, FOR FUN.
21 SHE’D GO THROUGH THE DICTIONARY AND WRITE WORDS IN HER JOURNAL
22 TO LEARN NEW WORDS AND WHAT THEY MEANT.
23 Q.: DID YOU HAVE TO URGE HER ON TO HEY, IT’S TIME TO DO
24 SCHOOL WORK OR ANYTHING LIKE THAT?
25 A.: WE’D TELL THEM ALL WHEN IT’S TIME TO DO SCHOOL WORK
26 BUT, AGAIN, UNLIKE THE BOYS WE DIDN’T HAVE TO URGE HER ON. WE
27 DIDN’T HAVE TO KEEP NAGGING HER. SHE’D JUST SIT DOWN AND DO IT.
28 Q.: DID SHE HAVE OUTSIDE ACTIVITIES ASIDE FROM SCHOOL?

9987
1 A.: BROWNIES WAS HER LATEST. IT WAS DAISIES AT FIRST.
2 THE PRE-BROWNIES ARE DAISIES WHEN THEY’RE REAL LITTLE, AND SHE
3 HAD JUST TRANSITIONED TO BEING A BROWNIE. SHE LOVED — LOVED
4 HER TROOP AND HER TROOP LEADER, WHICH WAS A GUY, WHICH WAS KIND
5 OF ODD FOR BROWNIES, BUT HE’S JUST A GREAT GUY AND SHE LOVED,
6 YOU KNOW — THE WHOLE GROUP LOVED HIM.
7 Q.: HOW LONG WAS SHE INVOLVED IN THE DAISIES AND
8 BROWNIES?
9 A.: TWO YEARS. THE DAISY AND THEN SHE TRANSITIONED TO
10 BROWNIE.
11 Q.: ONCE YOU REACH A CERTAIN AGE YOU MOVE ON TO
12 BROWNIES?
13 A.: YOU TRANSITION, RIGHT, RIGHT. AND THEY’D GO OUT TO
14 LIKE THE FLOWER FIELDS, GO DO PROJECTS AT HOME DEPOT, DO
15 PROJECTS AT HOME. SHE LOVED THE BROWNIES.
16 Q.: DID SHE HAVE A UNIFORM?
17 A.: YEAH. WE STILL HAVE HER JACKET AND WE HAVEN’T HAD
18 ALL THE BADGES SEWN ON YET.
19 Q.: DID SHE HAVE ANY OTHER ACTIVITIES?
20 A.: DANCING.
21 Q.: WHAT WAS THAT?
22 A.: SHE DID DANCE FOR PROBABLY SIX, EIGHT MONTHS AT A
23 DANCE SCHOOL NEAR US, WHICH WAS BALLET, AND THEY HAD A DANCE
24 RECITAL UP IN ESCONDIDO AT THE PERFORMING ARTS CENTER.
25 Q.: DO YOU REMEMBER WHEN THAT WAS?
26 A.: THAT WAS I THINK AROUND THANKSGIVING LAST, I
27 THINK — I’VE GOT TO KEEP LOOKING AT BRENDA.
28 Q.: USE YOUR ANSWERS.

9988
1 A.: I THINK AROUND THANKSGIVING LAST YEAR AND THE
2 WHOLE — THE WHOLE TROUP FROM THAT DANCE SCHOOL DID IT, AND IT
3 WENT FROM THE LITTLEST ONES ALL THE WAY UP TO THE OLDEST. AND
4 WE STILL HAVE A VIDEOTAPE OF THAT. SHE WAS JUST THRILLED TO GO,
5 SO HAPPY TO BE ON STAGE AND GET DRESSED UP IN HER DANCE OUTFIT.
6 Q.: DID SHE SHOW OR SEEM TO HAVE ANY HESITANCY TO GET
7 UP THERE AND PERFORM?
8 A.: A LITTLE BIT OF HESITANCY, BUT SHE LIKED IT. SHE
9 WAS JUST LIKE — SHE PLAYED PIANO, TOO, AND SHE LIKED DOING
10 THAT, YOU KNOW. PERFORMING AND TALKING WAS A BIG DEAL TO HER.
11 Q.: WHEN DID SHE START THE PIANO?
12 A.: SHE STARTED THE PIANO JUST A FEW WEEKS BEFORE —
13 BEFORE IT HAPPENED, MAYBE A MONTH OR TWO. AND WE HAD GOTTEN A
14 KEYBOARD AND PUT IT IN THE DINING ROOM AND — A NICE BIG, YOU
15 KNOW, FULL SIZE ELECTRIC KEYBOARD, AND SHE WOULD PRACTICE ON
16 THAT EVERY DAY ON HER OWN WITH THAT ONE, WHICH WAS REALLY GOOD
17 ‘CAUSE SHE WAS DEDICATED ENOUGH TO PRACTICE THE PIANO ON HER
18 OWN.
19 Q.: AND SHE WENT FOR LESSONS, IS THAT RIGHT?
20 A.: YEAH, SHE WENT FOR LESSONS WITH A NEIGHBOR A COUPLE
21 DOORS DOWN WHO PLAYED.
22 Q.: WAS SHE ANY GOOD?
23 A.: FOR THE VERY LITTLE SHE DID I THINK SHE WAS PRETTY
24 GOOD. SHE WOULD HAVE DONE GOOD.
25 Q.: DID SHE HAVE ANY ATHLETIC INTERESTS THAT SHE WAS
26 INVOLVED IN?
27 A.: T-BALL WHICH SHE WAS SOMEWHAT INTERESTED IN. AT
28 T-BALL AGE, THOUGH, THEY’RE KIND OF WHACKING AT THE BALL AND

9989
1 THEN WHEN THEY’RE OUT IN THE OUTFIELD THEY’RE JUST KIND OF
2 KICKING THE DIRT AROUND, YOU KNOW. AND HER AND DYLAN WERE ON
3 THE SAME TEAM AND THEY WEREN’T THAT GREAT, SO THEY SAT OUT THE
4 NEXT YEAR. BUT I THINK FOR MOMMY PLAYING SHE WANTED TO GO BACK
5 AND START PLAYING BALL AGAIN.
6 Q.: WHEN YOU SAY MOMMY PLAYING, BRENDA PLAYED SOFTBALL?
7 A.: YEAH. BRENDA PLAYED SOFTBALL, AND THERE’S A COUPLE
8 GIRLS ON THE BOYS’ LITTLE LEAGUE, SO IT’S NOT A PROBLEM FOR HER
9 TO GET IN.
10 Q.: SHE DIDN’T PLAY THE ONE YEAR?
11 A.: YEAH.
12 Q.: SEEMED TO BE MORE INTERESTED IN SNACKS OR THE BALL
13 GAME ITSELF?
14 A.: TALKING AND PLAYING WITH THE KIDS AFTERWARDS.
15 Q.: DID YOU HAVE ANY ROUTINES, THINGS THAT YOU WOULD DO
16 AROUND THE HOUSE WITH THE KIDS, DINNERTIME, BEDTIME, THOSE TYPES
17 OF ACTIVITIES?
18 A.: THE MOST COMMON WAS READING BEFORE BED. I WOULD
19 READ TO HER ACTUALLY WHEN SHE WAS REAL YOUNG. WE STARTED WITH
20 THE LETTERS. WE HAD A LITTLE LETTER THING WHERE YOU PUSHED THE
21 LETTER AND IT WOULD SAY IT, AND SHE HAD TO PICK LETTERS. WE HAD
22 A — ACTUALLY A BIG FOAM LIST AND I’D GIVE HER A NICKEL FOR EACH
23 LETTER SHE GOT RIGHT, SO SHE GOT THROUGH THE ALPHABET.
24 EVERY NIGHT WE’D DO THAT BEFORE BED, AND THEN WE’D
25 MOVE ON TO WORDS. SOME WERE FLASH CARDS, SOME WERE JUST
26 GUESSING WORDS. AND I’D READ A BOOK AND MADE HER READ A WORD
27 HERE AND THERE, THE “A’S” AND THE “I’S” AND THE “THE’S.” THEN
28 WHEN SHE GOT TO READ ON HER OWN SHE WOULD READ TO ME INSTEAD OF

9990
1 ME READING TO HER. SOMETIMES HER OLDER BROTHER WOULD READ TO
2 HER. THEN SHE GOT GOOD ENOUGH WHERE SHE WAS TEACHING HER
3 YOUNGER BROTHER TO READ BEFORE BED.
4 Q.: THAT WOULD BE DYLAN?
5 A.: YEAH, SO I WOULD SIT AND LISTEN TO HER READ TO HIM
6 AND HELP HER OUT.
7 Q.: WAS THERE A REASON WHY YOU’D ASSUMED THAT
8 RESPONSIBILITY AS OPPOSED TO BRENDA?
9 A.: JUST KIND OF FELL INTO IT. WE’D SHARE THINGS AND
10 THAT JUST ENDED UP BEING MINE. BRENDA DID IT SOMETIMES, TOO. I
11 JUST USUALLY DID IT.
12 Q.: WAS THERE A ROUTINE OR ANYTHING THAT YOU DID WHEN
13 IT GOT TO BE LIGHTS OUT TIME TO LEAVE THE ROOM?
14 A.: JUST TUCK ‘EM IN AND GIVE ‘EM A BIG HUG. OH, AND
15 MY FAVORITE WITH HER WAS SHE’D GIVE ME — THE BIG SQUEEZY HUG.
16 I DON’T KNOW HOW IT STARTED BUT SHE JUST — SHE WAS REALLY
17 STRONG AND SHE’D GIVE A REAL TIGHT SQUEEZE HUG AND I’D PRETEND
18 TO FALL DEAD ON HER AND GO LIMP ON TOP OF HER, AND SHE’D JUST
19 GIGGLE AND LAUGH AND THOUGHT IT WAS THE FUNNIES THING THAT SHE
20 COULD SQUEEZE SO HARD. AND SO THAT WAS HER UNIQUE THING BEFORE
21 GETTING TUCKED IN TO THE NIGHT.
22 Q.: THE BOYS, DEREK AND DYLAN, BASED UPON YOUR
23 ASSESSMENT, DO THEY KNOW WHAT HAS HAPPENED?
24 A.: YEAH. WE’VE BEEN CLEAR WITH THEM ON BASICALLY
25 WHAT’S HAPPENED, THAT SHE’S DEAD, YEAH.
26 Q.: WAS DANIELLE CLOSER TO ONE THAN THE OTHER?
27 A.: YES, SHE WAS. HER AND DYLAN WERE BEST BUDDIES.
28 THEY’D ALWAYS PLAY IMAGINARY GAMES TOGETHER AND DEREK WAS A

9991
1 LITTLE OLDER, SO HE’D BE UP ON HIS OWN.
2 Q.: HOW OLD IS DYLAN?
3 A.: DYLAN IS FIVE NOW.
4 Q.: SO HE WAS TWO YEARS OR THREE YEARS BEHIND DANIELLE?
5 A.: I WAS JUST CORRECTED. HE’S SIX. YEAH, THEY’RE
6 ONLY LIKE A YEAR AND A HALF A PART.
7 Q.: HOW DID HE REACT?
8 A.: HE REVERTED BACK TO MORE BABY LIKE, STOPPED
9 READING, STARTED WETTING THE BED AGAIN, NEEDED TO SLEEP WITH US
10 FOR QUITE A WHILE, AND NOW STILL NEEDS TO SLEEP WITH HIS
11 BROTHER. THEY HAVE SEPARATE ROOMS BUT THEY SLEEP TOGETHER IN
12 DEREK’S ROOM NOW BECAUSE THEY’RE STILL AFRAID. WE SET THE ALARM
13 FOR ‘EM AND MAKE SURE EVERYTHING’S LOCKED UP REAL TIGHT NOW, BUT
14 THEY’RE STILL AFRAID AND HAVE TO SLEEP TOGETHER. HE’S RECOVERED
15 SOMEWHAT BUT HE’S STILL PROBABLY BACK TO WHERE HE WAS BEFORE SHE
16 WAS MISSING.
17 Q.: DOES HE ASK ANY QUESTIONS?
18 A.: QUESTIONS ON WHAT DEATH IS AND WHERE SHE IS, WITH
19 GRAMPA BECAUSE GRAMPA’S WITH US, TOO. HE MOSTLY JUST MISSES
20 HER. HE GETS REALLY SAD. WE HAD A FUNCTION A WHILE AGO WITH
21 THE BROWNIE TROOP, AND A LOT OF — A LOT OF PEOPLE TALKED ABOUT
22 DANIELLE AND HE GOT VERY SAD THERE AS I DID. WE HAD TO LEAVE.
23 SO I THINK HE UNDERSTANDS IT BETTER THAN WE THINK.
24 Q.: HOW ABOUT DEREK, HE WAS A COUPLE YEARS OLDER THAN
25 DANIELLE?
26 A.: YEAH.
27 Q.: HOW’S HE DOING?
28 A.: HE’S MORE INTROVERTED AND HE — HE CLAMMED UP A LOT

9992
1 AT THE BEGINNING, DIDN’T WANT TO TALK ABOUT IT AND, YOU KNOW,
2 WOULD SHY AWAY AND THEN HAVE OUTBURSTS, EMOTIONAL OUTBURSTS
3 WHERE HE’D GET MAD AT SOMETHING ELSE. HE’D BE DOING SOMETHING
4 ELSE AND GET MAD AND START CRYING OVER SOMETHING INSIGNIFICANT.
5 WE TOOK HIM — WELL, WE ALL WENT TO THERAPY FOR IT AND THEY WENT
6 AND SAW THEIR OWN THERAPIST FOR A WHILE. WE STOPPED AT THE
7 BEGINNING OF ALL THIS.
8 Q.: THE TRIAL?
9 A.: YEAH. HE SEEMS TO BE DOING A LITTLE BETTER. HE’S
10 EXPRESSED IT IN SCHOOL A LITTLE, HOW UPSET HE IS AND HOW MAD HE
11 IS THAT THIS HAS HAPPENED. WE TALK ABOUT IT A LITTLE MORE, BUT
12 HE’S STILL A LITTLE TOO — STILL HOLDS IN A LOT.
13 Q.: DID YOU SEE ANY BEHAVIOR CHANGES ASIDE FROM THE
14 ACTING OUT AFTER THIS HAPPENED?
15 YOU MENTIONED FOR DYLAN WETTING THE BED, THAT TYPE
16 OF THING. ANY SIMILAR REACTION FROM DEREK?
17 A.: JUST INSECURITY, JUST BEING AFRAID. HE SLEPT WITH
18 US FOR A WHILE AS WELL. WE WOULD SPLIT BEDS AND SLEEP WITH —
19 EACH SLEEP WITH KIDS FOR A WHILE.
20 Q.: HOW ABOUT HIS SCHOOL WORK, WAS THAT AFFECTED?
21 A.: A BIT IN THE BEGINNING BUT HE GOT BETTER AT
22 EXPRESSING HIMSELF AFTER A WHILE, AFTER THERAPY.
23 Q.: ARE THEY IN SCHOOL NOW?
24 A.: YEAH.
25 Q.: WHEN DID IT START?
26 A.: THEY JUST STARTED MONDAY.
27 Q.: WERE THERE ANY FAMILY RITUALS OR PROTOCOLS THAT YOU
28 WOULD DO WITH THE KIDS THE FIRST DAY OF SCHOOL?

9993
1 A.: JUST GETTING READY.
2 Q.: ANY SHOPPING AT ALL?
3 A.: OH, BEFORE, YEAH. WE WENT SHOPPING AND GOT ALL OUR
4 SCHOOL SUPPLIES. WE ALL WENT AND GOT SUPPLIES, AND THEN BRENDA
5 TOOK ‘EM ONE DAY DURING THE WEEK AND GOT ‘EM ALL CLOTHES.
6 Q.: HAVE YOU DONE ANYTHING WITH DANIELLE’S BEDROOM?
7 A.: IT’S BEEN PAINTED DIFFERENT COLORS TO MAKE IT
8 BRIGHTER, BUT HER FURNITURE HAS BEEN PUT BACK IN THE ROOM
9 BECAUSE WE DON’T WANT TO FORGET HER AND HER — WE KEEP HER ON
10 THE MANTEL RIGHT OUTSIDE HER ROOM AT THE TOP OF THE STAIRS WITH
11 HER GRANDPA’S URN. AND I SAY, HER FURNITURE’S BACK IN HER ROOM,
12 AND WE PUT A TV IN THERE AND A VIDEO GAME FOR THE BOYS SO THE
13 BOYS CAN PLAY IN THERE AND REMEMBER HER. ALL HER STUFF’S STILL
14 THERE ON THE SHELVES AND ON THE — ON THE DRESSER AND STUFF.
15 Q.: DO YOU GO IN THERE?
16 A.: YEAH.
17 Q.: WHAT FOR?
18 A.: SOMETIMES TO PLAY WITH THE BOYS OR TALK TO THE BOYS
19 AND SOMETIMES AT NIGHT JUST TO CRY.
20 Q.: DID DANIELLE EVER TALK WITH YOU OR YOU HEAR HER
21 TALK WITH ANYONE ELSE ABOUT WHAT SHE WANTED TO DO WITH HER LIFE?
22 A.: YEAH. THE BIGGEST THING I CAN REMEMBER FROM THE
23 BEGINNING OF ASKING HER, THAT SHE WANTED TO BE A MOMMY AND SHE
24 LOVED BABY DOLLS. SHE LOVED HELPING WITH DYLAN AND THAT WAS HER
25 BIG THING. AND WE — WE TALKED TO HER AFTER A WHILE ABOUT THAT
26 MOMMY USED TO HAVE A JOB BEFORE SHE HAD KIDS AND THAT WOMEN
27 COULD STILL BE ANYTHING THAT THEY WANTED AND SHE COULD HAVE A
28 JOB, TOO. AND HER FIRST RESPONSE WAS THAT SHE WANTED TO BE A

9994
1 TEACHER. SHE LOVED HER TEACHERS AND SHE LOVED HELPING WITH
2 DYLAN AND TEACHING. AND AFTER WE GOT LEYLA, WHEN WE TOOK LEYLA
3 TO THE VET SHE WAS VERY INTERESTED IN WHAT THE VET WAS DOING
4 AND, YOU KNOW, THE PROCEDURES, AND AFTER THAT SHE SAID SHE
5 WANTED TO BE A VETERINARIAN.
6 Q.: I’D LIKE TO SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED
7 AS COURT’S EXHIBIT 204. THESE PIECES OF PAPER LOOKS LIKE
8 WRITING AND PERHAPS SOME MATH INSIDE THE PLASTIC PAPERS. LET ME
9 ASK YOU TO LOOK AT THOSE IF YOU WOULD, MR. VAN DAM?
10 A.: THESE ARE HER — HER NOTES FROM SCHOOL AND HOME I
11 THINK. YEAH, SCHOOL AND HOME.
12 Q.: DO YOU RECOGNIZE THE WRITING?
13 A.: SOME OF THE PICTURES. AND SOME OF HER PICTURES —
14 ALL OF HER PICTURES ARE OF HAPPY DANIELLE. WE’VE GOT ONE THAT
15 THE BROWNIE TROOP LEADER BROUGHT US THAT SHE DREW OF HERSELF AT
16 HER GRANDMA’S HOUSE OUT ON THE BEACH SMILING. SHE WAS ALWAYS
17 HAPPY IN HER PICTURES.
18 Q.: ALL THE PIECES OF PAPER THERE IN 204 IN FRONT OF
19 YOU, THOSE WERE FROM DANIELLE?
20 A.: YES.
21 Q.: LET ME GO BACK TO FEBRUARY, MR. VAN DAM. THE
22 MORNING THAT YOU DISCOVERED HER MISSING, DO YOU RECALL WHAT YOUR
23 REACTION WAS?
24 A.: SHOCK AND DISBELIEF AT FIRST. KIND OF STILL
25 DOESN’T SEEM REAL. THEN IT HIT ME AT ALL LIKE I JUST DIDN’T
26 KNOW WHAT TO DO.
27 Q.: DID THERE COME A TIME WHEN YOU THOUGHT SHE MIGHT BE
28 DEAD?

9995
1 A.: AT THE BEGINNING I HELD OUT A LOT OF HOPE. BUT
2 AFTER A WHILE WE STARTED SEARCHING IN THE DESERT AND I WENT OUT
3 TO MAP AREAS FOR DOING SEARCHES WITH A FRIEND OF MINE, CLOSE
4 FRIEND. AND I THINK AS WE DROVE AROUND OUT THERE I KIND OF
5 REALIZED — I STILL HOPED BUT I KIND OF REALIZED THAT SHE WAS
6 PROBABLY GONE AND I KNEW WHAT WE WERE LOOKING FOR. I HAD A
7 COUPLE BREAKDOWNS WITH HIM.
8 Q.: DO YOU REMEMBER WHEN THAT WAS, MR. VAN DAM, IN
9 RELATION TO HER INITIALLY BEING GONE?
10 A.: IT’S ALL A BLUR. IT SEEMS LIKE, I DON’T KNOW —
11 SOMETIMES IT SEEMS LIKE YEARS SINCE FEBRUARY 2ND. SOMETIMES IT
12 SEEMS LIKE MINUTES.
13 Q.: WHEN YOU HAD THOSE THOUGHTS THAT SHE MIGHT BE GONE
14 WHAT DID YOU DO WITH THEM?
15 A.: YOU KNOW, YOU REALIZE THAT MIGHT BE THE WAY IT IS
16 AND — BUT YOU STILL HOPE, YOU WANT NO MATTER WHAT TO JUST HAVE
17 HER BACK.
18 Q.: DID YOU GET INVOLVED IN SOME OF THE SEARCHES?
19 A.: YEAH, MOSTLY TO MAPPING OUT IN THE DESERT I’D DRIVE
20 AND MARK OUT AREAS OF THE SEARCH, AND ACTUALLY WE NEVER GOT TO
21 MUCH OF IT, THOUGH.
22 Q.: OKAY.
23 WHEN YOU HAD THE THOUGHTS THAT SHE MIGHT BE GONE
24 DID YOU DISCUSS THOSE WITH ANYBODY, SPECIFICALLY YOUR WIFE?
25 A.: WE TALKED ABOUT IT A COUPLE TIMES. IT WAS MOSTLY
26 UNSAID, THOUGH. BRENDA HELD OUT A LOT MORE HOPE THAN I DID.
27 Q.: THERE THEN CAME A TIME WHEN THE DEFENDANT WAS
28 ARRESTED ON THESE CHARGES BY POLICE. I THINK IT WAS FEBRUARY

9996
1 22ND. DID YOU STILL HAVE HOPE THAT YOUR DAUGHTER WAS ALIVE AT
2 THAT POINT?
3 A.: SOME, YEAH, SOME.
4 Q.: DID YOU MEET WITH ANYONE THAT DAY OR AT ABOUT THAT
5 TIME?
6 A.: YEAH. WE WERE TOLD ABOUT THE MURDER CHARGES.
7 Q.: BY?
8 A.: IT’S A FOG, I DON’T EVEN KNOW.
9 Q.: OUR OFFICE?
10 A.: YEAH, I DON’T KNOW.
11 Q.: EVEN WHEN WE TOLD YOU THAT THE CHARGES WOULD BE
12 MURDER DID YOU STILL HAVE HOPE?
13 A.: YEAH. I KIND OF HAD — NOT MUCH. I THINK BRENDA
14 HAD A LOT MORE THAN I DID.
15 Q.: WHERE WERE YOU WHEN YOU RECEIVED WORD THAT SHE HAD
16 BEEN FOUND?
17 A.: AT HOME, AND ACTUALLY THE FIRST WORD CAME, YOU WERE
18 OVER THE HOUSE I THINK. I REMEMBER WE WERE OUT BACK, AND IT WAS
19 THE FIRST CALL WE HAD GOTTEN FROM THE SEARCH CENTER SAYING THEY
20 HAD FOUND SOMEONE. WE HAD HEARD STUFF ON THE NEWS BEFORE THAT
21 AND I NEVER REALLY PUT MUCH IN THAT. BUT THIS WAS THE FIRST
22 TIME WE WERE CALLED FROM THE SEARCH CENTER, AND I KIND OF BRACED
23 FOR IT RIGHT AWAY BECAUSE — BECAUSE IT WAS THEM TELLING US.
24 AND THAT WAS I THINK AROUND NOON, SOMETIME IN THE EARLY
25 AFTERNOON OR THAT MORNING, AND IT WASN’T TILL LATER THAT NIGHT
26 THAT IT WAS CONFIRMED —
27 Q.: SO YOUR FIRST —
28 A.: — THAT IT WAS HER.

9997
1 Q.: THE FIRST WORD CAME IN A TELEPHONE CALL FROM THE
2 SEARCH CENTER?
3 A.: YEAH.
4 Q.: WHAT WAS THE SEARCH CENTER?
5 A.: THE DANIELLE RECOVERY CENTER, THE GROUP —
6 Q.: OF VOLUNTEERS?
7 A.: — OF VOLUNTEERS THAT WERE SEARCHING, YEAH.
8 Q.: WHEN YOU HEARD THAT A BODY HAD BEEN FOUND WHAT WERE
9 YOUR THOUGHTS?
10 A.: JUST DISBELIEF THAT SHE COULD BE GONE, REALLY,
11 BECAUSE — BECAUSE YOUR HOPE’S A LOT MORE. IT’S KIND OF, I
12 DON’T KNOW, STILL DENYING IT. I DON’T KNOW.
13 Q.: DID IT TAKE A WHILE FOR CONFIRMATION OF THE
14 IDENTIFICATION?
15 A.: WELL, THE CONFIRMATION, I FORGET WHO CAME OVER AND
16 GAVE US THAT EVENING THAT IT WAS HER NECKLACE AND HER EARRINGS,
17 BUT THAT WAS PRETTY MUCH WHEN BRENDA FINALLY REALIZED, I HAD
18 KIND OF SLOWLY EASED INTO IT.
19 Q.: AFTER SHE WAS FOUND WHO HAD TO ORGANIZE THE
20 FUNERAL?
21 A.: WE DID SOME OF IT. LUCKILY WE HAD A LOT OF VERY
22 NICE HELPFUL PEOPLE THAT DID MOST OF THE LOGISTICS. WE MAINLY
23 PICKED THE CHURCH AND THE PLACE FOR A MEMORIAL SERVICE AND MADE
24 A LIST OF PEOPLE AND JUST GAVE ‘EM BASICS OF WHAT WE WOULD LIKE
25 AT THE FUNERAL.
26 Q.: WAS THERE A BURIAL OR CREMATION?
27 A.: CREMATED. SHE’S STILL UPSTAIRS.
28 Q.: DID YOU BECOME AWARE OF HOW HER DEATH AFFECTED THIS

9998
1 COMMUNITY?
2 A.: YEAH. WE’VE HEARD FROM THE BEGINNING ABOUT HOW
3 MANY PEOPLE SHE TOUCHED AND —
4 Q.: WAS THERE ANYTHING SET UP OUT IN FRONT OF YOUR
5 HOUSE WHILE SHE WAS STILL IN A MISSING STATUS?
6 A.: YEAH, THERE WAS A MEMORIAL, I GUESS YOU’D CALL IT,
7 OUT ON THE CORNER —
8 Q.: DESCRIBE IT FOR US.
9 A.: — OF OUR HOUSE.
10 A TABLE WITH SIGN-IN BOOKS, BASKET WHERE PEOPLE
11 WOULD LEAVE NOTES AND LOTS AND LOTS OF FLOWERS, LOTS AND LOTS OF
12 TEDDY BEARS AND STUFFED ANIMALS, LOTS AND LOTS OF ANGELS.
13 Q.: WAS THAT EVENTUALLY MOVED SOMEWHERE?
14 A.: IT WAS, YEAH. IT WAS MOVED TO THE PARK DOWN THE
15 STREET.
16 Q.: WHY?
17 A.: TO KIND OF GIVE IT MORE ROOM AND TO GIVE OUR
18 NEIGHBORS MORE ROOM. IT WAS OUR NEIGHBOR’S YARD, ACTUALLY,
19 WHERE IT WAS.
20 Q.: I’VE HAD MARKED AS COURT’S EXHIBIT 202 THIS PHOTO
21 DISPLAY BOARD WITH FOUR PHOTOGRAPHS, A THROUGH D. IT APPEARS TO
22 BE A PARK SETTING.
23 (MARKED FOR ID: = TRIAL EX. 202-PHOTOBOARD/4)
24 Q.: DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE, MR.
25 VAN DAM?
26 A.: YEAH. THAT’S THE PARK AFTER WE MOVED THE STUFF
27 DOWN.
28 Q.: WHERE IS THE HOUSE IN RELATION — HOW FAR AWAY IS

9999
1 THE PARK FROM THE HOUSE?
2 A.: PROBABLY A HUNDRED YARDS DOWN THE STREET TO THE
3 LEFT OF THE PHOTO.
4 Q.: QUARTER MILE MORE OR LESS?
5 A.: YEAH, PROBABLY LESS.
6 Q.: THE ITEMS THAT WE HAVE DEPICTED IN THESE
7 PHOTOGRAPHS, WHAT ARE THEY AND WHERE DID THEY COME FROM?
8 A.: PEOPLE IN THE COMMUNITY BROUGHT ‘EM OUT IN HONOR OF
9 HER.
10 Q.: THE AMOUNT OF ITEMS THAT WE SEE IN THESE
11 PHOTOGRAPHS, A THROUGH D, IS THAT THE MOST THINGS THAT WERE
12 THERE, THE LEAST THINGS THAT WERE THERE OR SOMEWHERE IN BETWEEN?
13 A.: SOMEWHERE IN BETWEEN.
14 WE HAD TAKEN A LOT OF FLOWERS TO SOME CONVALESCENT
15 HOMES, SO THERE WAS A LOT MORE FLOWERS THAN THAT. AND I DON’T
16 KNOW IF WE HAD — YEAH, I THINK WE HAD A LARGE COLLECTION OF
17 BEARS, BECAUSE WHEN IT WAS IN FRONT OF OUR HOUSE IT OVERFLOWED,
18 SO WE BROUGHT BEARS IN AND PUT ‘EM ALL OVER OUR SOFA, SO
19 PROBABLY TWICE AS MANY BEARS, TOO, STUFFED ANIMALS.
20 Q.: WE HAVE HEARD HOW DANIELLE WAS FOUND DOWN IN
21 DEHESA. DID YOU EVER GO DOWN THERE?
22 A.: YEAH. WE WENT DOWN THERE PRIVATE ONE DAY WITH THE
23 FAMILY.
24 Q.: WHO ALL WENT?
25 A.: BRENDA’S FAMILY, MY FAMILY, SOME CLOSE FRIENDS.
26 Q.: DO YOU REMEMBER ABOUT WHEN THAT WAS?
27 A.: PART OF THE FOG, I CAN’T TELL TIME. IT WAS —
28 Q.: WERE YOU ABLE TO FIND THE PLACE?

10000
1 A.: YES.
2 Q.: WHAT DID YOU SEE?
3 A.: THE SPOT — THE SPOT WHERE SHE WAS WAS STILL THERE,
4 AND THE VEGETATION AROUND IT HAD BEEN CUT BACK. AND AGAIN, LOTS
5 OF ANGELS. ACTUALLY, THEY HAD CLEARED THE SIDE OF THE ROAD AND
6 BUILT — BUILT A STAIRCASE. THE FIRE DEPARTMENT, VOLUNTEER FIRE
7 DEPARTMENT DOWN THERE BUILT A STAIRCASE TO WALK UP TO IT, AND
8 SOMEBODY PUT A BENCH OUT THERE. LOTS OF PRAYERS AND CARDS,
9 ANGELS, STUFFED ANIMALS THERE AS WELL.
10 Q.: WHAT DID YOU DO THERE?
11 A.: READ A LOT OF THE CARDS, HAD A PRAYER FOR HER,
12 TALKED TO EACH OTHER ABOUT WHAT HAPPENED THERE, TOOK A FEW
13 ANGELS.
14 I’VE GOT A BIG ANGEL COLLECTION AT HOME FOR HER, IN
15 HONOR OF HER.
16 MR. DUSEK: YOUR HONOR, I’VE HAD MARKED AS COURT’S
17 EXHIBIT 203 ANOTHER PHOTO DISPLAY BOARD. THIS ONE CONTAINS
18 THREE PHOTOGRAPHS LABELED A THROUGH C. IT APPEARS TO BE FROM
19 DEHESA.
20 (MARKED FOR ID: = TRIAL EX. 203-PHOTOBOARD/3)
21 Q.: MR. VAN DAM, DO YOU RECOGNIZE WHAT WE HAVE DEPICTED
22 ON EXHIBIT 203?
23 A.: YES.
24 Q.: WHAT IS IT?
25 A.: THAT’S THE DEHESA SITE.
26 Q.: DOES THAT APPEAR HOW IT WAS AT THE TIME THAT YOU
27 WERE THERE, THE STAIRS AND ALL?
28 A.: YES.

10001
1 Q.: THE NUMBER OF ITEMS THAT SEEMED TO BE DEPICTED IN
2 PHOTOGRAPHS B AND C. HOW DOES THAT NUMBER COMPARE WITH WHAT YOU
3 SAW WHEN YOU WERE THERE?
4 A.: THERE WAS MORE THERE THEN. THERE WAS MORE
5 VEGETATION THERE, TOO, THEN. THERE WAS MORE STUFF UNDER THE
6 TREE, LOTS OF ANGELS HANGING IN THE TREE AND MORE STUFF. THIS
7 IS A LITTLE OUTCROPPING FROM THE TREE WHERE THEY FOUND HER.
8 THERE WAS SOME MORE STUFF AROUND THERE, TOO.
9 Q.: WERE THERE ANY OTHER PEOPLE THERE ASIDE FROM YOU
10 AND YOUR GROUP?
11 A.: A FEW PEOPLE CAME UP WHILE WE WERE THERE, YEAH.
12 Q.: HOW WAS DANIELLE DISCIPLINED WHEN SHE GOOFED UP?
13 A.: USUALLY ALL OUR KIDS ARE SENT TO THEIR ROOMS AND
14 TOLD TO THINK ABOUT IT. AND THEN AFTER A WHILE, READY TO
15 APOLOGIZE — SOMETIMES — WE USED TO HAVE A QUIET CHAIR THAT
16 THEY’D HAVE TO SIT IN THE CHAIR IN THE CORNER, WAIT AND THINK
17 ABOUT IT. BUT WE HAD GONE TO SENDING THEM TO THEIR ROOMS AND
18 THEN THEY’D HAVE TO APOLOGIZE AND TELL US WHAT THEY DID WRONG
19 AFTER A WHILE.
20 Q.: IS THAT WHAT YOU USED WITH DANIELLE?
21 A.: YEAH, MOSTLY, YEAH.
22 Q.: WOULD SHE DO ANYTHING WHEN SHE’D BE IN THE ROOM
23 BEING PUNISHED?
24 A.: YEAH. ONCE AGAIN, UNLIKE THE BOYS WHO WOULD FIGURE
25 OUT WHAT THEY DID WRONG AND APOLOGIZE, SHE WOULD DRAW I’M SORRY
26 CARDS AND APOLOGIES, WRITE OR DRAW PICTURES OF APOLOGIES AND
27 GIVE THEM TO US WITHOUT EVEN BEING ASKED.
28 Q.: DID YOU SAVE ANY OF THOSE?

10002
1 A.: YEAH. ONE I KEPT ON MY NIGHTSTAND BECAUSE IT WAS A
2 REALLY NICE ONE.
3 Q.: NOW, I’VE HAD MARKED AS COURT’S EXHIBIT 201, IT’S A
4 MANILA ENVELOPE CONTAINING A NOTE.
5 DO YOU RECOGNIZE WHAT’S BEEN DESCRIBED AS 201, MR.
6 VAN DAM?
7 A.: YEAH, THIS IS THAT NOTE.
8 (MARKED FOR ID: = TRIAL EX. 201-I’M SORRY NOTE)
9 Q.: WHAT’S IT SAY?
10 A.: IT’S FOLDED UP, AND IT HAD A LITTLE HEART STICKING
11 IT CLOSED, STICKER, SHE PUT STICKERS ON IT, AND IT SAYS “TO DAD”
12 ON THE OUTSIDE. AND WHEN YOU OPEN IT IT SAYS “TO DAD. I AM
13 SORRY. I WILL TRY TO BE NICE. WILL YOU FORGIVE ME? FROM
14 DANIELLE.” AND THEN IT HAS “I LOVE YOU,” AN I, HEART, YOU, AND
15 “YOU ARE THE BEST DAD EVER.”
16 Q.: DO YOU KNOW WHAT SHE HAD DONE WRONG TO HAVE HER
17 SENT TO THE ROOM ON THAT OCCASION?
18 A.: I THINK ON THIS OCCASION IT WAS A FIGHT WITH DYLAN.
19 Q.: DID SHE DRAW OTHER ONES OF THOSE?
20 A.: YEAH.
21 Q.: WHAT WAS IT LIKE BEING HER FATHER?
22 A.: IT WAS FUN. SHE WAS VERY ADVENTUROUS. SHE LIKED
23 TO TRY ANYTHING. SHE LOVED THE HELP. SHE LOVED TO HELP OTHER
24 PEOPLE. SHE LOVED TO BE INVOLVED. SHE WAS SO INVOLVED WITH
25 BRENDA AND I AND THINGS WE DID. THAT’S REALLY NICE.
26 MR. DUSEK: THANK YOU, SIR.
27 THE COURT: ALL RIGHT.
28 CROSS-EXAMINATION.

10003
1 MR. FELDMAN: NO QUESTIONS.
2 MR. BOYCE: NO QUESTIONS.
3 THE COURT: THANK YOU, MR. VAN DAM. YOU CAN GIVE THAT TO
4 MR. DUSEK ON YOUR WAY BY.
5 PLEASE REMEMBER YOU’RE STILL UNDER AN ADMONITION
6 NOT TO DISCUSS THE CASE BUT YOU MAY REMAIN IN THE COURTROOM.
7 MR. DUSEK: WE WENT MUCH FASTER, YOUR HONOR.
8 THE COURT: ALL RIGHT.
9 LADIES AND GENTLEMEN, JUST LIKE IN THE FIRST PHASE,
10 SCHEDULING SOMETIMES BECOMES A PROBLEM, AND I HAVE BEEN ADVISED
11 BY MR. DUSEK THAT THE WITNESSES HE INTENDED TO CALL THIS MORNING
12 HAVE BEEN CONCLUDED. SO WHAT WE’RE GOING TO DO IS WE’RE GOING
13 TO TAKE AN EARLY LUNCH BREAK, BUT IT’S GOING TO BE A LITTLE
14 LONGER THAN NORMAL BECAUSE THE AFTERNOON GROUP IS SCHEDULED TO
15 BE IN HIS OFFICE AT A CERTAIN TIME SO WE COULDN’T BACK IT UP
16 MUCH EARLIER.
17 SO WE ARE GOING TO BE IN BREAK UNTIL 1 O’CLOCK. SO
18 THAT MEANS YOU’RE GOING TO HAVE ABOUT A TWO-HOUR LUNCH BREAK.
19 FORTUNATELY, THE SUN’S OUT AND IT LOOKS LIKE A GORGEOUS DAY, SO
20 HOPEFULLY YOU’LL BE ABLE TO FIND SOMETHING TO DO DURING LUNCH.
21 PLEASE REMEMBER TO MEET AT THE NORMAL LOCATION
22 AFTER LUNCH. PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO
23 DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR
24 WITH OTHERS, NOR FORM OR EXPRESS ANY OPINIONS ON THIS MATTER
25 UNTIL IT IS SUBMITTED TO YOU.
26 HAVE A PLEASANT LUNCH. BE AT THE LOCATION AT 1
27 O’CLOCK. 1 O’CLOCK, PLEASE.
28 ///

10004
1 (AT 11:10 A.M. THE JURY WAS EXCUSED
AND THE FOLLOWING PROCEEDINGS WERE HAD:)
2
3 THE COURT: THE RECORD SHOULD REFLECT THE JURORS AND
4 ALTERNATES HAVE LEFT THE COURTROOM.
5 MR. DUSEK HAS ADVISED ME, MR. FELDMAN, THAT HE
6 INTENDS TO COMPLETE HIS PRESENTATION THIS AFTERNOON. YOU HAD
7 INDICATED THAT YOUR OUT-OF-STATE FOLKS WON’T BE AVAILABLE UNTIL
8 TUESDAY?
9 MR. FELDMAN: YES.
10 THE COURT: BUT HOW MUCH OF TOMORROW DO YOU ANTICIPATE?
11 MR. FELDMAN: WE THINK AT LEAST A HALF A DAY AND
12 PROBABLY —
13 THE COURT: INTO THE AFTERNOON.
14 MR. FELDMAN: AND ALSO JUST FOR SCHEDULING PURPOSES,
15 WE’RE GOING TO ASK FOR MAYBE AN HOUR ON WEDNESDAY, BUT WE’LL BE
16 DONE WEDNESDAY MORNING EARLY OR 30 MINUTES ON WEDNESDAY, AND
17 THEN WE’D BE PREPARED TO PROCEED. I KNOW THAT THE COURT HAS
18 PREVIOUSLY DISCUSSED WITH US INSTRUCTIONS. WE’LL BE ABLE TO
19 HAVE ALL OF THAT ACCOMPLISHED. BUT I ALREADY KNOW WITH REGARD
20 TO THREE WITNESSES THERE’S A SCHEDULING ISSUE THAT WE’RE GOING
21 TO REQUEST YOUR HONOR GIVE US WEDNESDAY BUT, AGAIN, IT WILL BE
22 SHORT.
23 THE COURT: ALL RIGHT.
24 WHEN CAN WE START DISCUSSING JURY INSTRUCTIONS?
25 COULD WE ACCOMPLISH SOME OF THAT ON FRIDAY?
26 MR. FELDMAN: YOU TOLD US TO BE READY —
27 THE COURT: I ORDERED THAT YOU EXCHANGE JURY
28 INSTRUCTIONS, BUT IF WE CAN USE FRIDAY FOR THE INITIAL

10005
1 DISCUSSION, THAT MIGHT BE TIME WELL SPENT.
2 MR. DUSEK: WE CAN CERTAINLY GIVE OUR INSTRUCTIONS TO THE
3 DEFENSE TODAY BUT WE NEED THEM IN ADVANCE OF THE DISCUSSION.
4 MR. FELDMAN: WE DON’T HAVE THEM. WE’RE WORKING IN THE
5 OFFICE TO GET THEM.
6 THE COURT: OKAY.
7 WELL, BASED ON WHAT YOU’VE JUST TOLD ME THEN, MR.
8 DUSEK, WE WON’T HAVE THE DISCUSSION UNTIL YOU’VE HAD A CHANCE TO
9 SEE THE INSTRUCTIONS. I THINK THAT’S A FAIR WAY OF DOING IT.
10 SO ALL RIGHT. WELL, THE ONLY REASON I ASK IS SO I
11 CAN MAKE SURE THAT THE JURY KNOWS THAT WE’RE GOING TO BE ON KIND
12 OF A HERKY-JERKY SCHEDULE AND MAYBE NOT FULL DAYS. THAT’S
13 REALLY THE REASON.
14 ALL RIGHT. WE’LL BE IN RECESS TILL 1 O’CLOCK.
15 MR. BOYCE: YOUR HONOR, I WANTED TO PUT SOMETHING ON THE
16 RECORD REGARDING PAYNE VERSUS TENNESSEE. IT’S ONLY GOING TO
17 TAKE A MINUTE.
18 THE COURT: WELL, YOU CAN DO IT RIGHT NOW.
19 MR. BOYCE: I UNDERSTOOD THE REPRESENTATIONS OF THE
20 DISTRICT ATTORNEY’S OFFICE WHICH THEY INTENDED TO STAY WITHIN
21 THE PARAMETERS OF PAYNE VERSUS TENNESSEE. BUT IN LISTENING TO
22 THE TESTIMONY, THE TEACHERS’ TESTIMONY WE FEEL EXCEED THE
23 PARAMETERS OF PAYNE VERSUS TENNESSEE IN TESTIFYING THE EFFECT ON
24 THE COMMUNITY, THE EFFECT ON OTHER STUDENTS AND HOW OTHER
25 STUDENTS REACTED.
26 ALSO WE FEEL THAT DAMON VAN DAM’S TESTIMONY
27 EXCEEDED PAYNE VERSUS TENNESSEE IN EXPRESSING THE VICTIM’S HOPES
28 AND DREAMS, HER LIFE UP UNTIL FEBRUARY 4TH OF DANIELLE VAN DAM,

10006
1 THE EFFECT OF THE DEATH ON THE COMMUNITY, AND ALSO THE TESTIMONY
2 REGARDING MEMORIAL AND PHOTOS IN EXHIBITS 202 AND 203. WE FEEL
3 THAT THEY EXCEEDED THE PERMISSIBLE VICTIM IMPACT AND WOULD MOVE
4 FOR A MISTRIAL ON THAT BASIS.
5 THE COURT: ALL RIGHT.
6 THE PEOPLE CARE TO COMMENT OR JUST SUBMIT?
7 MR. DUSEK: WE’LL SUBMIT IT, YOUR HONOR.
8 THE COURT: ALL RIGHT. THE MOTION FOR MISTRIAL IS
9 DENIED.
10 THE COURT HAS PREVIOUSLY RULED ON ALL OF THE
11 EXHIBITS THAT HAVE BEEN SHOWN TO THE JURY AND FINDS AND HAS
12 FOUND THAT THEY FIT WITHIN THE APPROPRIATE PARAMETERS.
13 ALL RIGHT. WE’LL BE IN RECESS TILL 1 O’CLOCK.
14
15 (AT 11:14 A.M. THE NOON RECESS WAS
TAKEN UNTIL 1:00 P.M. OF THE SAME DAY.)
16
17 –O0O–
18
19
20
21
22
23
24
25
26
27
28

Related Posts :