Return to Transcripts main page
CNN Live Today
Danielle Van Dam Murder Trial Gets Under Way
Aired June 05, 2002 - 11:03 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: And now another high-profile case in California. This one involves the death of 7-year-old Danielle van Dam. David Westerfield is on trial in San Diego, accused of kidnapping and murdering the youngster. And as the trial got under way yesterday, both the defense and the prosecution predicted that forensic evidence would prove their respective cases. Danielle's parents tried to enter the courtroom at the start of the trial, but they were kept out because they're scheduled to appear as witnesses in the case.
The abduction and murder of a child is any parent's worst nightmare. Our next guest knows that all too well. Marc Klaas' 12- year-old daughter was kidnapped and killed in 1993. And since then, he has made it his mission to stop crimes against children.
And Marc Klaas has agreed to join us from San Francisco today.
Marc, good morning. Thanks for joining us.
MARC KLAAS: Good morning, Daryn.
KAGAN: First to the Westerfield trial in San Diego. As a parent who can understand more than any of us what the van Dams are going through, does it disturb you that they're not allowed in the courtroom as this trial the going under way?
KLAAS: Oh, absolutely. I mean, they're the only ones that really can represent Danielle in the trial. If people don't realize this, it's the state versus the defendant. And the prosecutors are representing the state of California, they're not representing Danielle van Dam. And this whole thing then, becomes about Westerfield.
She, Danielle, really ends up being sort of the fuel that drives this particular system. So I think it's very important, as it was in our case, to spend as much time as you can in the courtroom itself as a constant reminder that this was about the life of a little girl. And it's not about the excuse-making of the individual who had taken her life.
KAGAN: Yes. The legal experts we talked to -- our own Jeffrey Toobin pointed out that this is just standard procedure. If you're a witness in a case, you cannot be in the courtroom before you testify. And it does look like they're trying to move the van Dams up on the witness list so at least they can get in once they're done testifying.
KLAAS: Well, you know, I'm not a lawyer. But as I understand it, if you're a parent and you're a defense witness, that will exclude you from the courtroom sometimes. But if you are a witness for the prosecution, then you can stay in the courtroom.
Certainly, I testified at a couple of points in Polly's trial, number one, to admit that we knew nothing about this individual. And then finally at the end giving impact statements to talk about how much it devastated our lives. You know the problem is, Daryn, what they say is that if the van Dams stay in the courtroom that they'll hear testimony that they can then use to craft their own testimony.
But you know the exactly the same thing can be said about David Westerfield. That everything goes on in that courtroom is going to ultimately impact what he might or might not say and how the trial is going to be moved forward. So, you know, we need equity in this system. And I know that's not what this story is about, but we truly need a victim's right amendment to the Constitution of the United States so that family members of murdered children are not excluded from courtrooms and victimized yet again.
KAGAN: I know at a certain point in the search you were in touch with the van Dams...
KLAAS: Yes.
KAGAN: ... and you were there to kind of help counsel them. Again, only someone like you can understand what they're going through. Have you been able to talk with them as the trial gets under way?
KLAAS: I spoke with them the day before the trial got underway, and we talked about many of the things that we're talking about right now. They understand what they're moving into, and they understand that there's going to be a lot of attention paid to them.
KAGAN: Right. I mean, were they ready and aware that they were -- in a way they're on trial too, and their rather unusual lifestyle, shall we say, just laid out for all of America to see.
KLAAS: Well, unfortunately, they are aware of that. And, you know, that's just the shenanigans of a defense attorney that can't really defend his own -- the conduct of his own client. So what he's going to do is try to detract the attention and move it to the family of the little girl, victimizing them yet again. And then, of course, there's also the radio disk jockeys down there who are doing it solely for ratings.
It's just - I think you can see it's like ripples in a river. Intercepting ripples when you skip a stone across a pond of water that things start intersecting and it just becomes just a devastating thing. You know this is going to be four months about dissecting the last four lives -- the last four hours of a little girl's life. And as a nation, we're going to have to relive this. But as a family, it's just going to be one of the most difficult things that they'll ever have to face.
KAGAN: One thing I was surprised, how quickly this came to trial. Did that surprise you? It's only been four months since Danielle even went missing.
KLAAS: Well it's very surprising. Gee, it took our situation took three years to go to trial.
KAGAN: Wow. What was the difference in the cases? Why three years for you and four months for them?
KLAAS: Well you know the forensic science has been advanced greatly since then. And it's theorized, and I go along with this, that they want to get this thing out of the way as quickly as possible before more forensic evidence comes in nailing Westerfield, which I suspect is probably what will happen. But, you know, it's to everybody's benefit always to get these trials through as quickly as possible so that we can all get along with our business.
KAGAN: Absolutely. And even after the trial is gone, though, the life of a little girl ending very, very tragically.
Marc Klaas, thanks for joining us with your insight, a parents insight that, as I said, only you can understand.
KLAAS: Sure thing, Daryn.
KAGAN: Appreciate it so much. Marc Klaas joining us from San Francisco.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
