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CNN Live Today

Parents Expected to Take Stand in Van Dam Murder Trial

Aired June 05, 2002 - 12:32   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.
CAROL LIN, CNN ANCHOR: Court reconvened a short while ago in San Diego for the man accused of taking a 7-year-old from her home, killing her, and then dumping her body along a road. David Westerfield was a neighbor of Danielle van Dam's. The focus today is expected to turn to the girl's parents.

CNN's Thelma Gutierrez joins us now from outside the courtroom.

Have they yet to testify -- Thelma.

THELMA GUTIERREZ, CNN CORRESPONDENT: No, Carol, not yet. But that surely is something that most people out here are waiting for, I can tell you that.

Now, day two of the trial just got under way about a half-hour ago. A family spokesperson did tell us that Damon and Brenda van Dam are expected to testify a little bit later today. But, until they have completed their testimony, they say, they will not be allowed in the courtroom as spectators.

Now, we had mentioned the trial is under way right now. Let's go live now to a picture from the courtroom. A pool camera has been allowed to remain inside for the duration of the trial. The jurors have not been sequestered, but they have been instructed not to read or watch any television news reports on the trial. The judge said this morning that that will be difficult at best because of the extensive coverage that is going on.

On the stand right now is Dr. Skip Sperber. He's a forensic dentist who will present X-rays and photographs of Danielle's mouth. Dr. Sperber used dental records to identify Danielle. Now, as we had mentioned, Danielle's parents, Damon and Brenda, are expected to testify later on. And when they do, defense attorney Steven Feldman is sure to question the van Dams credibility, asking them very difficult and perhaps embarrassing questions about their personal lives, which he called risque at times.

It's a tactic that has come under fire by some critics who are sympathetic to van Dam, but defended by some legal analysts.

(BEGIN VIDEO CLIP)

JUSTIN BROOKS, LEGAL ANALYST: It's a legitimate inquiry as to the lifestyle surrounding the parents, because it is relevant to the control over the child. The defense's theory is that his client is not guilty. So, somebody is responsible for this crime. And so it is relevant to look at who has access to that home, what people were around, because that's all relevant as to who committed the crime.

(END VIDEO CLIP)

GUTIERREZ: Judge William Mudd said that he would allow some questions to be raised as to the van Dams' lifestyle.

Now, on David Westerfield, the defendant, he has pleaded not guilty to kidnapping, murder and possession of child pornography -- Carol, back to you.

LIN: Thelma, what is David Westerfield's alibi, then?

GUTIERREZ: Well, he says that he was making a trip. He made several trips to the desert and then back to the beach, that he was not in the area at the time the child was reported missing.

LIN: So, is there any physical evidence that ties him to the crime scene?

GUTIERREZ: Well, if you talk to the prosecution, they will say there is a mountain of physical evidence that ties Danielle to the crime scene. They say that they found fingerprints and blood and hair samples that match Danielle's inside David Westerfield's motor home and inside his home.

LIN: All right, thank you very much, Thelma Gutierrez, with the latest there in San Diego.

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