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CNN Sunday Morning

Testimony Continues in Trial of David Westerfield

Aired June 09, 2002 - 09:08   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.
KYRA PHILLIPS, CNN ANCHOR: Testimony continues this week in the trial of David Westerfield. He's accused of kidnapping and killing 7- year-old Danielle van Dam in February. CNN's Thelma Gutierrez has more on that trial in the first days and how it's focused on the parents' personal lives.

(BEGIN VIDEOTAPE)

THELMA GUTIERREZ, CNN CORRESPONDENT (voice over): Week one of the most highly-publicized case in the history of San Diego.

JEFF DUSEK, PROSECUTOR: The evidence in this case that we will present will focus on David Westerfield.

GUTIERREZ: But the focus wasn't on the defendant, David Westerfield, accused of kidnapping and murdering 7-year-old Danielle van Dam, but on the victim's grieving parents, Damon and Brenda, the defense suggesting they were less than truthful with police.

STEPHEN FELDMAN, DEFENSE ATTORNEY: Among the details that you left out, were your marijuana use the night preceding, isn't that true?

DAMON VAN DAM: Yes.

FELDMAN: You had never had a sex party at your house?

BRENDA VAN DAM: I don't consider that to be a sex party.

GUTIERREZ: It was a blistering probe of the van Dams' personal lives by defense attorney Stephen Feldman.

FELDMAN: On three separate occasions, you had sex with (UNINTELLIGIBLE) in the presence of your wife.

D. VAN DAM: Yes.

FELDMAN: In the year 2000, you engaged in sex with (UNINTELLIGIBLE)?

B. VAN DAM: Yes.

GUTIERREZ: Are the sorted details necessary? Certain legal analysts say absolutely. JUSTIN BROOKS, LEGAL ANALYST: The defense's theory is that his client is not guilty, so somebody's responsible for this crime and so it's relevant to look at who had access to that home, what people were around.

GUTIERREZ: But the prosecution says nonsense.

DUSEK: The blood in the hallway matched up to Danielle van Dam.

GUTIERREZ: The forensic experts found Danielle's blood, fingerprints and hair in David Westerfield's motor home.

B. VAN DAM: Danielle.

DUSEK: How old was she?

B. VAN DAM: Seven.

GUTIERREZ: The prosecution played Brenda Van Dam's frantic 911 call for jurors.

(BEGIN VIDEO CLIP)

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

B. VAN DAM: Oh, no, not at all. And -- oh, my gosh.

UNIDENTIFIED FEMALE: All right, take a deep breath, OK.

(END VIDEO CLIP)

GUTIERREZ: Danielle's body was found nearly a month after she was reported missing. Her remains were so badly decomposed the medical examiner testified he could not establish how she died, or whether she had been sexually assaulted.

UNIDENTIFIED MALE: No, I could not make a negative conclusion. There just was not anything there for me to examine.

GUTIERREZ: Several times during her testimony, Brenda Van Dam stared down the man she believes is responsible for her loss.

B. VAN DAM: I wish I had taken everything else for her.

GUTIERREZ: Thelma Gutierrez, CNN, reporting.

(END VIDEOTAPE)

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