5 – My comments of Brenda Van Dam’s testimony

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My comments of Brenda Van Dam testimony

911 call:

Dispatcher: OK. And how old — you said she’s seven. What’s her date of birth?
Brenda: 9/22/94.
Damon Van Dam’s testimony:
Dusek: when was she born?
Damon Van Dam: she was born september 26th, 1994.

  • According to Brenda Van Dam she had “four to five contacts with David Westerfield”, she went into his house in 2001 and on January 28th 2002, when she was at Westerfield’s house selling cookies, she still didn’t know Westerfield’s name.

  • According to Brenda Van Dam, there was blood on the stairway going upstairs. This blood came from the Van Dam’s dog, Layla who was bleeding very badly after hitting Damon’s leg.

What kind of dog bleeds very badly after hitting someone’s leg?

  • According to Brenda Van Dam, when Denise and Barbara arrived on February 1st, she was cleaning up the kitchen from dinner

Dusek: what happened when they first arrived?
Damon Van Dam: I was playing video games with the boys and i went to the door and let them inside and said hello. Brenda was upstairs. I think that she had just finished her shower. she finished the shower and you could hear the water running from downstairs. i let them in, said hello, went back to playing video games with the boys and they sat down with Danielle in the table.

  • According to Brenda Van Dam: Denise, Barbara and she spent 10 to 15 minutes in the garage drinking and smoking marijuana

Dusek: How long were you out there, estimate?
Damon Van Dam: A minute, maybe a little longer. I know i went in because I had socks and shorts and a t-shirt on and IT WAS REALLY COLD THAT NIGHT. THE GARAGE WAS REALLY COLD, so I didn’t want to stay out there.

  • According to Brenda Van Dam, while the three women were in the garage, nobody received a phone call

Dusek: did anything else happen while you were in the garage?
Denise Kemal: i received a phone call.
Dusek: what happened? tell us about that.
Denise Kemal: my phone rang. i answered it. but i couldn’t get service.
Dusek: what do you mean by that?
Denise Kemal: i couldn’t — i didn’t have a good reception on the cell. phone, so i went out the side door, and i took a couple steps to the left, a couple to the right, and the call dropped. so i went back inside.
Dusek: what do you mean you took a couple steps to the left and right; what were you trying to do?
Denise Kemal: I was trying to get service. my phone didn’t have any service.
Dusek: could you tell who the call was from?
Denise Kemal: a friend.
Dusek: how do you know that?
Denise Kemal: because it had the name on it.
Dusek: who was the friend?
Denise Kemal: a friend named George.
Dusek: did you ever speak with George?
Denise Kemal: that night? no.
Dusek: why not? what happened?
Denise Kemal: i couldn’t hear him. i couldn’t hear him. and he couldn’t hear me. and I was trying to say my phone’s not working, so — and then it just dropped. so i just went back inside.
Dusek: what did you do with the door that let you outside?
Denise Kemal: i shut it behind me.

  • According to Brenda Van Dam, Barbara introduced herself to Westerfield at Dad’s cafe on February 1st 2002.

Denise Kemal: Barb was there already standing there, and Brenda and I had walked up, and that’s when I was introduced to Dave.
Dusek: mr. Westerfield?
Denise Kemal: yes.
Dusek: who did that?
Denise Kemal: Brenda.
Dusek: do you recall what she said, how the introductions were made?
Denise Kemal: i believe she said this is my neighbor Dave. and i said hello.

  • According to Brenda Van Dam, when she came back from the bar the night of February 1st-2nd, she didn’t go upstairs but immediately saw the alarm on and checked the garage door. Barbara was downstairs. Brenda didn’t use the upstairs bathroom and didn’t use the bathroom at all that night.

Dusek: and you did what when you entered the residence?
Denise Kemal: we came in, and we went directly upstairs.
Dusek: who’s we?
Denise Kemal: Brenda, me, and Barbara.
Dusek: what happened upstairs?
Denise Kemal: we went straight upstairs into Brenda’s bedroom. Brenda and i went to the left and went to the bathroom one at a time. and Barbara went over to the bed.
Dusek: did you see what she did over there?
Denise Kemal: she just laid across it and was talking to Damon .
Dusek: after you and Brenda completed your bathroom duties, where did you go?
Denise Kemal: downstairs.
Dusek: what happened to Barbara?
Denise Kemal: she stayed up there.

  • According to Brenda Van Dam, she went to bed around 2:30 and later that night she vaguely woke up and remembered Damon getting up. “Layla had chewed up her bed that night and it was in the — Damon threw it into the laundry room so she didn’t have a bed, so she was very edgy and she didn’t want to lay down anywhere and sleep.”

Problem: This story had happened while Brenda was at the bar when Damon was home with his kids after he had put them to bed !
Dusek: And then there was a mess that the dog had made, is that right?
Damon Van Dam: The dog had pulled the doggie bed out and there was stuffing in the bed that was visible in photograph “a” on the floor.
Dusek: And you cleaned that up somehow?
Damon Van Dam: Yeah. I cleaned that up, took it downstairs.
Dusek: Then what did you do with the dog?
Damon Van Dam: I put the bed in the laundry room and took the dog to the back sliding glass door, opened it and let her out to go to the bathroom, closed the door while I was waiting, ’cause it was cold outside, and when i — i watched her and when she was done I let her back in.
Dusek: Then what did you do?
Damon Van Dam: Laid down on the love seat in the family room and watched tv some more.

  • According to Brenda Van Dam’s testimony there was a computer in the Van Dam’s house and this computer belonged to Damon Van Dam.

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.

When was Damon Van Dam’s computer checked for child porn?

  • According to Brenda Van Dam’s testimony, she took her three kids to Mervyn’s and left Danielle alone in the dressing room while she went to the toy department with her two boys

According to Damon Van Dam’s radio interview: in 1981, the Van Dams lived in Hollywood Florida when Adam Walsh was kidnapped from the Hollywood Mall. Brenda Van Dam would be one of the last person you would expect to leave Danielle (7-year) alone in a dressing room !

  • According to Brenda Van Dam, despite the alarm being on she shut her children bedroom door’s and never checked on Danielle or any of her two other children.

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.

  • According to Brenda Van Dam’s testimony, police never tapped the Van Dam’s phone. If Danielle had been kidnapped couldn’t the “potential kidnapper” contact the family by phone? If police had taken seriously the kidnapping version would they have not monitored the Van Dam’s phone?

Is Brenda Van Dam’s testimony :

  • Credible
  • Not credible
  • Don’t know
  • A bunch of lies

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