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CNN Live At Daybreak

Difficult Testimony Given by Brenda Van Dam

Aired June 07, 2002 - 05:38   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.
FREDRICKA WHITFIELD, CNN ANCHOR: Well, we told you earlier about the difficult testimony given by Brenda van Dam, the mother of the 7- year-old San Diego girl taken from her home and later found dead.

Our Thelma Gutierrez watched that heart wrenching testimony yesterday in the murder trial of a Van Dam neighbor.

(BEGIN VIDEOTAPE)

THELMA GUTIERREZ, CNN CORRESPONDENT: It was a very emotional day of testimony for Brenda van Dam, the mother of 7-year-old Danielle van Dam. She broke down on the stand several times today when the prosecution asked her questions. When she was asked how many children she had and if she could name them, Brenda paused, her eyes welled with tears. Then she answered, "Three."

She also broke down when she was shown pictures of Danielle and when she was asked to recall the morning that she discovered her daughter was missing. One of the most dramatic moments came when the prosecution played the 911 tapes.

BRENDA VAN DAM: And I have an emergency.

UNIDENTIFIED FEMALE: What's the emergency?

VAN DAM: My daughter is not in her bed this morning. She's only seven.

UNIDENTIFIED FEMALE: OK. When did you discover this, just now?

VAN DAM: Just now. I thought she was in there sleeping. When I went in there to character say good morning to my baby and she's not there.

UNIDENTIFIED FEMALE: What's your name, ma'am?

VAN DAM: Brenda van Dam.

UNIDENTIFIED FEMALE: She doesn't have a history of running away or anything like that?

VAN DAM: No, no, not at all. Oh my God.

UNIDENTIFIED FEMALE: All right, take a deep breath, OK? VAN DAM: Is she in there?

UNIDENTIFIED FEMALE: What's your daughter's name?

VAN DAM: Danielle.

GUTIERREZ: During cross-examination by David Westerfield's attorney, Steven Feldman, Brenda van Dam was questioned about the intimate details of her sex life, in particular about a Halloween party she had several months before her daughter was abducted.

STEVEN FELDMAN: The pretty was risque, was it not?

UNIDENTIFIED MALE: Objection, irrelevant.

UNIDENTIFIED MALE: Overruled. Ma'am?

VAN DAM: No.

FELDMAN: Was there alcohol at the party, ma'am?

VAN DAM: Yes.

FELDMAN: Did you have anything to drink that night?

UNIDENTIFIED MALE: Objection, irrelevant, Your Honor. It's to impeach a statement.

UNIDENTIFIED MALE: Let's just get to the statement, counsel.

FELDMAN: Isn't it true that on Halloween evening in the year 2000 you engaged in sex with Denise and Andy and Brandon and -- I'm sorry, and Danny?

VAN DAM: Yes.

GUTIERREZ: The defense is trying to establish the van Dams engaged in the kind of lifestyle that could have exposed their daughter to many different people besides David Westerfield, who came in and out of their home and in and out of their lives.

Thelma Gutierrez, CNN, San Diego.

(END VIDEOTAPE)

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