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Day Two of the Van Dam Trial Begins Today

Aired June 05, 2002 - 10:11   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: Other legal news, testimony continues today in the Danielle Van Dam murder case. During opening statements yesterday, defense attorneys said that science will prove that David Westerfield is not guilty. He is the neighbor accused of kidnapping and murdering the 7-year-old child. Those attorneys also shifted the focus to the little girl's parents.

Our Thelma Gutierrez is covering the proceedings, and she joins us now from San Diego.

Thelma, good morning.

THELMA GUTIERREZ, CNN CORRESPONDENT: Good morning, Daryn. Day two of the trial begins in about two hours.

Now we just talked to a family spokesperson for the Van Dam's and they told us a few minutes ago that Brenda and Damon Van Dam in fact are planning to testify today. During opening statements yesterday, the defense indicated that when the parents do take the stand he will question their credibility.

(BEGIN VIDEOTAPE)

GUTIERREZ (voice-over): David Westerfield sat in court. He stared straight ahead, and appeared to tremble as the prosecution laid out what they described as a mountain of physical evidence against him.

JEFF DUSEK, PROSECUTOR: The blood in the hallway matched up to Danielle Van Dam. We found three hairs. There were fingerprints found in the motor home, by the bed in the bedroom. Back by the headboard, off to the side, there's a cabinet.

GUTIERREZ: Blood, hair and fingerprints, evidence the prosecution hopes will convince jurors that David Westerfield, a twice-divorced father of two, kidnapped and murdered seven-year-old Danielle Van Dam.

STEVE FELDMAN, WESTERFIELD'S DEFENSE ATTY.: We have doubts as to cause of death. We have doubts as to the identity of Danielle Van Dam's killer. We have doubts as to who left her where she resided, where she remained. And we have doubts as to who took her.

GUTIERREZ: Snapping his fingers and slamming the podium, defense attorney Steven Feldman told jurors Westerfield is a conservative computer engineer, that it was Damon and Brenda Van Dam's hedonistic lifestyle that could have exposed Danielle to danger, especially the night before Danielle was reported missing. It was Brenda's night out with the girls.

FELDMAN: And they're turning the radio up so loud, it can be heard. And they're rocking out. They are literally rocking out. As the women stayed in the -- stayed in the garage getting high, drinking, out comes Damon. Hey, what's up? Give me a hit. Barbara Easton keeps running her hand on down her breast while she's dancing publicly. And she finds it publicly -- not privately -- publicly embarrassing.

GUTIERREZ: That same friend, Barbara Easton, even ended up in Damon Van Dam's bed that night, Feldman told jurors.

(END VIDEOTAPE)

GUTIERREZ: Superior Court Judge William Mudd says he will allow certain questions to be raised about the Van Dam's lifestyle within certain parameters. Now the defense argues that this is relevant because it may suggest that other people besides David Westerfield had access to the Van Dam's home and possibly and more importantly their children.

Daryn, back to you.

KAGAN: Thelma Gutierrez in San Diego, thank you very much for that.

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