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CNN Live Today

Defense Expected to Make Much of van Dam Lifestyle

Aired June 04, 2002 - 11:10   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Well, it's only really been four months since 7-year-old Danielle van Dam disappeared from her home in Southern California, and yet the man charged with her murder goes on trial already. Opening arguments begin today in the trial of David Westerfield.

And our Thelma Gutierrez is live. She's in San Diego with the latest on that story -- Thelma, good morning, once again.

THELMA GUTIERREZ, CNN CORRESPONDENT: Good morning, Daryn.

Now the parents, Brenda and Damon van Dam, will not be allowed to sit in the courtroom during the trial. That is because they are witnesses in this trial. That may change, though, once they're done testifying.

Again, you had mentioned opening statements begin in about two hours from now. A family spokesperson told us that Damon van Dam was told to be ready, told to be prepared, to take the stand a little bit later on today.

Now 7-year-old Danielle van Dam was reported missing from her home on February 2. Her father said that he last saw her alive when he tucked her into bed the night before. Hundreds of people joined in the search for Danielle.

David Westerfield, who lived only two doors away, was arrested in connection with her disappearance. Five days after his arrest Danielle's body was found. The medical examiner has not been able to establish how the child died or whether or not she was sexually assaulted.

During the preliminary hearing, forensic experts with the San Diego Police Department said DNA from blood stains found in Westerfield's motor home and on his jacket matched the victim's. The defense is expected to make much of the van Dam's alleged wife- swapping lifestyle.

During the preliminary hearing, Damon van Dam testified the night before his daughter was reported missing his wife had gone out dancing with friends. They returned around 2:00 AM, and that one woman, by the name of Barbara Easton, went upstairs to see Damon.

(BEGIN VIDEO CLIP) DAMON VAN DAM, DANIELLE'S FATHER: Barbara laid next to me, I rolled over and put my arm around her. Kissed and rubbed her back some.

UNIDENTIFIED MALE: How long were you there with her?

VAN DAM: Five minutes -- around five minutes.

UNIDENTIFIED MALE: What happened after that?

VAN DAM: Brenda came back upstairs and asked that we come downstairs.

(END VIDEO CLIP)

GUTIERREZ: David Westerfield, a twice-divorced father of two, has pleaded not guilty to kidnapping, murder and misdemeanor possession of child pornography. If he is convicted, however, he could face the death penalty. Again, Daryn, opening statements are scheduled to get underway in about two hours -- back to you.

KAGAN: All right. Thelma Gutierrez, we'll be checking back with you in San Diego for the latest on that trial. Appreciate your report.

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