Updated July 11, 2002, 2:17 p.m. ET  

Danielle's dad to return to court
Photo
The father of Danielle van Dam (left, with his wife Brenda) was banned from court after allegedly harassing David Westerfield, who is accused of killing the 7-year-old girl.

A judge ruled Thursday morning that Danielle van Dam's father can once again attend the trial of her accused killer.

Judge William Mudd, who booted Damon van Dam from his San Diego courtroom June 25 for threatening defendant David Westerfield, said he was giving the victim's father a second chance.

"I am satisfied he's had enough time to think about this," said Mudd, before directly addressing the 36-year-old software engineer. "You should know, Mr. van Dam, if I get one report of one incident, I will bar you from the courthouse."

Westerfield's capital murder trial is now in its sixth week. Court officers became concerned last month after they spotted van Dam lurking in the hallway through which Westerfield is transferred from the jail to the courthouse. He told one deputy that he wanted to "let him know I'm here." Even after court officers warned him, he continued watching Westerfield's daily transfer closely.

The van Dams have made no secret of their disdain for Westerfield, a 50-year-old engineer who lived two doors from them. Danielle's mother, Brenda, glowered at Westerfield throughout her testimony.

During Tuesday's hearing, defense lawyer Steven Feldman said both parents were "mad-dogging" &151; "by which I mean [giving] intensely dirty looks" to — the defense in the courtroom and hallway.

He said a married couple who testified for the defense reported that Brenda van Dam called one of them a profanity in the hallway. And Feldman said realtors showing Westerfield's home, now deeded to the defense lawyers, had complained about the van Dam's behavior.

"Potential buyers are being threatened. They're being cursed at. I don't want to use the word attacked, but certainly verbally attacked by either Damon van Dam, Brenda van Dam, both or a combination," said Feldman.

Prosecutor Jeff Dusek said Brenda van Dam denied ever using an expletive with the defense witnesses, and the van Dams' lawyer, Spencer Busby, said the other allegations were irrelevant to Damon van Dam's return to court.

The judge said he understood the parents' anger, but was bent on keeping emotional reactions away from jurors. The van Dams have generally chosen to leave court for witness testimony concerning Danielle's autopsy and child pornography on Westerfield's computers.

After the hearing, Dusek met with the van Dams in the closed courtroom. He told Judge Mudd he planned to give the family a preview of graphic autopsy and crime scene photos that the prosecution will use in closing arguments so that "any visible reaction ... will be hopefully muted."

The trial will resume Monday, July 22.

 
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