Judge Lets Slain Girl’s Father Into Trial Again

SAN DIEGO —  The judge in the trial of the man accused of kidnapping and murdering Danielle van Dam ruled Thursday that the girl’s father can return to the courtroom for the remainder of the trial, but only if he stops “mad-dogging” the accused killer.

Superior Court Judge William Mudd banned Damon Van Dam from the courthouse on June 25 after the 36-year-old software engineer glared menacingly at defendant David Westerfield and asked sheriff’s deputies about how Westerfield is brought from jail to court each day.

A lawyer for Van Dam told Mudd this week that if Van Dam is not allowed to attend the trial, the jury might think that her father is disinterested in whether Westerfield is convicted of murdering 7-year-old Danielle. .

In his bid to lift Mudd’s ban, Damon van Dam submitted a written note of apology and promised not to do anything to disturb the trial.

“You should know, Mr. Van Dam, if I get one report of one incident, I will bar you from the courthouse,” Mudd said, outside the presence of the jury. “I simply am not willing to take a chance.”

But defense attorneys raised another caution Thursday about the behavior of the dead girl’s parents. Lead defense attorney Steven Feldman alleged that Brenda Van Dam, the girl’s mother, cursed at a defense witness and shouted insults at prospective buyers of Westerfield’s former home in their neighborhood, which has been deeded to his defense attorneys to pay his legal bills.

Feldman said that Brenda van Dam cursed at a neighbor who was leaving court after testifying on behalf of Westerfield.

“Mr. Westerfield’s position is, he has no problem with [the Van Dams’] presence, but we do have safety concerns,” Feldman said.

But Deputy Dist. Atty. Jeff Dusek said that an employee with the district attorney’s victim assistance program was with Brenda van Dam at the time and that she did not curse anyone.

After the short hearing, Mudd recessed the high-profile trial until July 22 so that he and his wife can go on vacation.