Feldman Decries 'Sinister Spin'
Feldman Criticizes Swinging Lifestyle Of Van Dams
POSTED: 8:55 am PDT August 7,
2002
UPDATED: 2:44 pm PDT August 7,
2002
SAN DIEGO -- Closing arguments in David Westerfield's trial resumed Wednesday with a defense attorney telling jurors that the prosecution's version of Danielle van Dam's kidnapping and murder was not logical.
"It's not reasonable," attorney Steven Feldman said about the prosecution theory that Westerfield entered the house through a garage side door and hid in Danielle's room before carrying her away. "It's a great guess."
The theory required the defendant to enter the house without leaving fingerprints and negotiate an unfamiliar house in "pitch black" darkness, Feldman said.
He reminded jurors that the door from the garage to the house had been rigged to lock from the opposite side.Then, Westerfield would have to find the stairs, find Danielle's room and stay there while her mother, Brenda, returned from a girl's night out with four friends."The only thing that's logical is for whoever was in the room was someone (Danielle) knew," Feldman told the jurors. "You send someone strange into the room to touch your child and they're going to scream bloody murder. Mommy! Daddy! Help me!"Westerfield would then have to carry the girl out of the house and down the street to his own house, Feldman said."Their theory requires you to believe beyond a reasonable doubt that's what happened," Feldman said.Westerfield, 50, could face the death penalty if he's convicted of murder. He's also charged with kidnapping and misdemeanor possession of child pornography.Feldman reminded jurors that two fingerprints on the banister of the stairs did not match the defendant or anyone else believed to be in the house that night. That picked up on his point made Tuesday in which he suggested someone else had access to the van Dam home the night of Feb. 1.
Feldman (pictured, right) also brought up what could be a critical part of the law. Instructions read to the jurors Tuesday stated that the murder had to take place during a kidnapping for the defendant to be found guilty. But the law also defined kidnapping as the victim being moved a significant distance while still alive."If she was killed before they left that room, he's not guilty," Feldman told jurors. "If she's dead in bed, there's an acquittal."However, the prosecution said Tuesday Danielle was still alive when she was in the bed of Westerfield's motor home -- and may have been killed there.Feldman was far more subdued Wednesday than he was in the hour-plus beginning of his closing argument the day before, in which he indignantly yelled at jurors for displaying emotion during the prosecution argument.He even apologized for his behavior and asked for jurors not to hold his actions against his client.Closing arguments began after two months of testimony in a case in which Westerfield exercised his right to be brought to trial within 60 days of his arraignment.
Brenda van Dam (pictured, left) discovered her daughter missing from her bed the morning of Feb. 2. Police immediately focused on Westerfield, and the design engineer was arrested Feb. 22, just five days before volunteer searchers found the second-grader's body.Deputy District Attorney Jeff Dusek told the jury in his 3 1/2-hour closing argument that there is no doubt Westerfield killed Danielle van Dam."He's guilty of this ultimate evil," Dusek told the jury. "He's guilty to the core."Dusek called it a "horrible" and "evil crime," not just for what happened to the Sabre Springs girl, but for the actions that he said Westerfield took to cover up the crime.Dusek pointed to a television interview Westerfield gave in his driveway, two days after the girl was discovered missing. While her parents were just down the street wondering what happened to their daughter, the defendant was "yuck-yucking" around with the media and wondering whether he should be wearing his hat.
Dusek (pictured, right) also slammed the defense team for trying to blame the defendant's son for child pornography that police say was found on computer equipment in Westerfield's office. The pornography allegedly included cartoons depicting old men forcing themselves on screaming your girls."If you can tell me why a normal 50-year-old man would collect that kind of stuff, I will tell you why a 50-year-old man will ... kidnap and kill a 7-year-old girl," Dusek said.During the night of Feb. 1-2, "somebody kidnapped Danielle van Dam out of her own house -- out of her own bedroom," Dusek said.About 55 hours later, according to Dusek, the defendant showed up at a dry cleaning business in Poway, dressed only in underwear on a cold morning."That in and of itself tells you he's guilty beyond a reasonable doubt -- that alone," Dusek told jurors.Westerfield gave the clerk at the dry cleaners two comforters, two pillow shams and a jacket that morning, Dusek said. Danielle's blood, he said, was found by police evidence technicians on the jacket while hair from her dog was discovered on a comforter.Later, more blood and hair were found in Westerfield's motor home, Dusek said.Before the jury gets the case, Dusek will deliver rebuttal arguments once Feldman concludes his closing argument.
![]() WESTERFIELD TRIAL DANIELLE VAN DAM 1994-2002 E-mail: daniellevandam @yahoo.com Send mail to: P.O. Box 501515 San Diego, 92150 |
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Brenda van Dam (pictured, left) discovered her daughter missing from her bed the morning of Feb. 2. Police immediately focused on Westerfield, and the design engineer was arrested Feb. 22, just five days before volunteer searchers found the second-grader's body.Deputy District Attorney Jeff Dusek told the jury in his 3 1/2-hour closing argument that there is no doubt Westerfield killed Danielle van Dam."He's guilty of this ultimate evil," Dusek told the jury. "He's guilty to the core."Dusek called it a "horrible" and "evil crime," not just for what happened to the Sabre Springs girl, but for the actions that he said Westerfield took to cover up the crime.Dusek pointed to a television interview Westerfield gave in his driveway, two days after the girl was discovered missing. While her parents were just down the street wondering what happened to their daughter, the defendant was "yuck-yucking" around with the media and wondering whether he should be wearing his hat.
Dusek (pictured, right) also slammed the defense team for trying to blame the defendant's son for child pornography that police say was found on computer equipment in Westerfield's office. The pornography allegedly included cartoons depicting old men forcing themselves on screaming your girls."If you can tell me why a normal 50-year-old man would collect that kind of stuff, I will tell you why a 50-year-old man will ... kidnap and kill a 7-year-old girl," Dusek said.During the night of Feb. 1-2, "somebody kidnapped Danielle van Dam out of her own house -- out of her own bedroom," Dusek said.About 55 hours later, according to Dusek, the defendant showed up at a dry cleaning business in Poway, dressed only in underwear on a cold morning."That in and of itself tells you he's guilty beyond a reasonable doubt -- that alone," Dusek told jurors.Westerfield gave the clerk at the dry cleaners two comforters, two pillow shams and a jacket that morning, Dusek said. Danielle's blood, he said, was found by police evidence technicians on the jacket while hair from her dog was discovered on a comforter.Later, more blood and hair were found in Westerfield's motor home, Dusek said.Before the jury gets the case, Dusek will deliver rebuttal arguments once Feldman concludes his closing argument. Previous Stories:
- August 7, 2002: Dusek: Westerfield 'Guilty Of Ultimate Evil'
- August 6, 2002: Dusek: Westerfield 'Guilty To The Core'
- August 6, 2002: Dusek: The Case Is Simple
- August 2, 2002: Westerfield Trial Close To Wrapping Up
- August 2, 2002: Westerfield Defense Set To Rest Case Tuesday
- August 1, 2002: Another Entomologist Takes Stand In Westerfield Trial
- July 31, 2002: Westerfield Trial: Bug Expert Challenges Defense
- July 30, 2002: Westerfield Jury May Be Sequestered
- July 29, 2002: Westerfield Trial Could Last Into Next Week
- July 25, 2002: Expert: Danielle Had Been Dead 4-6 Weeks
- July 25, 2002: Mudd Threatens To Kick Cameras From Courtroom
- July 25, 2002: Forensic Expert Counters Defense Bug Evidence
- July 24, 2002: Westerfield's Son Takes Stand
- July 24, 2002: Judge Mudd Gives Media Tongue-Lashing
- July 23, 2002: Westerfield Trial Takes Another Day Off
- July 22, 2002: Another Bug Expert Testifies In Westerfield Trial
- July 22, 2002: Westerfield Trial Resumes After 11-Day Break
- July 19, 2002: Runnion Murder Could Impact Westerfield Jury
- July 12, 2002: Motion To Unseal More Affidavits Denied
- July 12, 2002: Woman Loses Job Over Westerfield Trial
- July 11, 2002: Westerfield: Desert A 'Great Place To Dump A Body'
- July 10, 2002: Bug Expert Raises Questions About When Danielle Died
- July 10, 2002: Westerfield's Former Girlfriend Takes Stand
- July 10, 2002: Prosecution Presents New Fiber Evidence
- July 9, 2002: Questions Raised About Who Saw What, And When
- July 8, 2002: Witnesses: Westerfield, Van Dam Danced Together
- July 8, 2002: Witness: Brenda 'Dirty Danced' With Westerfield
- July 3, 2002: Westerfield Trial Focuses On Porn, Again
- July 3, 2002: Computer Porn Associated With Westerfield's Son
- July 3, 2002: Prosecution Wraps Up, For Now
- July 2, 2002: Dog Handler 'Bursting With Pride' After Westerfield Arrest
- July 1, 2002: Prosecution Asks For One More Witness
- June 28, 2002: Westerfield Defense Concerned Over Being 'Ambushed'
- June 27, 2002: Closed-Door Hearing Held In Westerfield Trial
- June 26, 2002: Porn, Motor Home Focus Of Westerfield Trial
- June 26, 2002: Jurors Tour Westerfield Motor Home
- June 26, 2002: Westerfield Computer Had 85 Questionable Images
- June 26, 2002: Porn Evidence Introduced In Westerfield Trial
- June 25, 2002: Criminalist: Fibers Connect Westerfield, Danielle
- June 25, 2002: Damon Van Dam Kicked Out Of Courtroom
- June 25, 2002: Day 12: Danielle-Like Hairs Found
- June 24, 2002: Criminalist: Blond Hairs On Westerfield Bed Sheets
- June 24, 2002: Hair Like Danielle's Found In Westerfield Bed Sheets
- June 21, 2002: DNA Expert: Danielle's Blood Found In RV
- June 20, 2002: DNA Expert: Danielle's Blood In Westerfield RV, Jacket
- June 20, 2002: Specialist: Danielle's Prints In Westerfield Motor Home
- June 19, 2002: Laundry, Videotapes, Lubricant Seized From Westerfield Home
- June 19, 2002: Trial Focuses On Evidence Collected By Police
- June 18, 2002: Forensics Specialist Collected Hairs, Necklace
- June 18, 2002: Dry Cleaners: Westerfield Distant, Rushed
- June 14, 2002: Judge Tries To Inject Levity Into Westerfield Trial
- June 14, 2002: Park Rangers: Westerfield Overpaid, Shows Wallet
- June 12, 2002: Westerfield Interview Heard; Neighbor Says Blinds Shut
- June 12, 2002: Westerfield Trial: KGTV Reporter Takes Stand
- June 11, 2002: Van Dam Friends Take Stand; Westerfield 'Creepy'
- June 7, 2002: Westerfield Trial Focuses On Van Dam Lifestyle
- June 6, 2002: Day 3: Brenda Van Dam, Dad's Bar
- June 6, 2002: Brenda Van Dam Testifies In Westerfield Trial
- June 6, 2002: Day 2: Damon Van Dam, Autopsy Photos
- June 5, 2002: Damon Van Dam Takes Witness Stand
- June 5, 2002: Cases Outlined In Westerfield Trial
- June 4, 2002: Westerfield Trial Starts; Witnesses Take Stand
- June 3, 2002: Westerfield Trial Set To Get Under Way
- May 31, 2002: Westerfield Trial Jury Selection Complete
- May 31, 2002: Westerfield Trial Scheduled To Start Tuesday
- May 30, 2002: Jury Selection In Westerfield Trial Enters Third Day
- May 28, 2002: Jury Selection Continues In Westerfield Trial
- May 20, 2002: Experts Question Speed Of Westerfield Trial
- May 17, 2002: Court To Interview 262 Potential Jurors
- May 17, 2002: Westerfield Jury Selection Under Way
- May 16, 2002: Westerfield Jury Selection Set To Begin
- May 16, 2002: Westerfield Trial Jury Questionnaire
- May 15, 2002: Judge May Make Rulings In Westerfield Case
- May 13, 2002: Westerfield Pre-Trial Still Closed
- May 10, 2002: Westerfield Trial: Pretrial Motions Remain Closed
- May 8, 2002: Reporters Called In Westerfield Trial
- May 8, 2002: DA: Danielle Was Suffocated By Westerfield
- May 7, 2002: Pretrial Motions Start In Westerfield Case
- May 2, 2002: Westerfield Pretrial Motions To Remain Sealed
- May 1, 2002: Court: Westerfield Affidavits To Remain Sealed
- April 25, 2002: DA To Seek Death Penalty Against Westerfield
- April 19, 2002: Westerfield Given Limited Access To Police Records
- April 18, 2002: Press Kept Out Of Van Dam Murder Case
- April 18, 2002: Judge Reviews Cops' Files In Van Dam Murder Case
- April 17, 2002: Westerfield Fights To Keep Search Warrants Sealed
- April 15, 2002: DA: Deny Westerfield Access To Police Records
- April 12, 2002: Lie-Detector Specialist: Westerfield 'Deceptive'
- April 11, 2002: Documents: Dogs Alerted Police To Westerfield
- April 11, 2002: No Live Press For Westerfield Pretrial Hearings
- April 4, 2002: Westerfield Lawyer: Client Abused By Police
- March 28, 2002: Trial Date Set For Van Dam Murder Case
- March 28, 2002: Westerfield To Make Court Appearance
- March 15, 2002: Westerfield To Stand Trial In Van Dam Murder
- March 13, 2002: Westerfield Hearing Takes A Break
- March 12, 2002: Testimony: Police Find Porn On Westerfield's Computer
- March 11, 2002: Witness: Danielle's Body Found Nude, Decomposing
- March 8, 2002: Gag Order Issued In Van Dam Murder Case
- March 7, 2002: Police Acted Inappropriately Toward Westerfield
- March 4, 2002: Westerfield Affidavits To Remain Sealed
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