12 Hours - 9. Chapter 9

Amanda let it drop. Maybe she knew to keep sex out of it, too. “How long were you at the Hayloft?” she asked, instead. “Do you remember when you arrived?”

“I believe it was somewhere before midnight,” Gene said.

“Approximately?”

“Well, if it’s a dozen miles, and I drove by freeway... which I did. At that hour... with relatively light late-night traffic... and on a holiday... It’s probably only took twenty minutes. And if I left the party around eleven, I could have been there by eleven-thirty.”

“Did you have any trouble driving from the party?”

“No... Except for feeling a little tired.”

He glanced at Ben. Who nodded.

“You had no trouble controlling your car?” Amanda continued. “You had complete control?”

“Yes.”

“How long did you stay at the Hayloft?”

Gene wanted to shrug. But that wouldn’t seem serious. So he formed an answer. “I’d say about an hour-and-a-half.”

“During that time, did you have anything to drink... anything further to drink? Anything alcoholic?”

“I think I had one beer... possibly two... Bottled beers... light.”

“Do you know the bartender at the bar?”

“I don’t know anyone who works there by name. But... again... I remember faces.”

“Had you been to the Hayloft before that night?”

“Yes... Our old office was nearby... And my apartment.”

“Approximately how many times have you gone there?

Gene looked at Ben. Who nodded. Still, Gene stalled.

“Over how many years?” he asked.

“Let’s say the last five.”

Gene wondered if this was going to sound terrible. “I’ve been there at least a hundred times.”

“Possibly more?”

“Possibly... as I said, it used to be local... Before we moved, and I bought my house.”

“So you’d just stop in?”

“Yes... Sometimes just to see what movie was playing. But then I’d go right out.”

“No drinks?”

“No... and they only serve beer... which really isn’t my favorite. I’m not sure that needs a full liquor license.”

“Is the Hayloft a dance place?”

“No... it’s mainly a bar. But some nights there’s dancing... specialty nights. It parallels the movies... old ones and sometimes new.”

“Did you meet anyone that night at the bar?”

“Yes. I did.”

“Would that be Mr. Shaun Herrick?”

“Yes.”

“Did you know Mr. Herrick before that night... September 2nd, 1985?”

“No. I didn’t.”

“Can you remember how many people were in the bar when you arrived?”

“How many what?”

“People. Individuals. Men.”

Gene ignored the indication that there were only men in the bar. Though it was mainly true.

“I’d say thirty to forty. Probably closer to forty.”

“Is it a large bar?”

Gene hesitated. “I’d say ‘relatively.’ I mean, there’s a back room for the movies. So it’s not a hole-in-the-wall.”

“Did you watch the movie while you drank your beer?”

“A bit. It was partway through, and the back room was crowded.”

“So you returned to the bar?”

“Yes.”

“And struck up a conversation with Mr. Herrick?”

“Not immediately... When I noticed he was there.”

“And some time after, you left the bar together?”

“Again... not immediately.”

“Can you remember when?”

“Well, we were stopped at 1:30... and that was only four or five blocks away. And all we did was walk to my car...”

“Can you estimate when?”

“Well, I’d say 1:15... before closing time.”

“What time does the bar close?”

“Two.”

“Did you know where you were going when you left? Was there a destination?”

“Yes... Home.”

“Your home? In Woodland Hills? A dozen miles away?”

“Yes.”

“Did Mr. Herrick leave with you?”

“Yes.”

Gene was uncomfortable just admitting that. It was amazing how something so natural – and innocent – seemed so damning.

“Was there a reason he came with you?” Amanda continued.

“Yes... I invited him. Then I asked if he’d drive because I was pretty tired.”

“You told him that?”

“Yes... and he joked that I’d been drinking, and he was too young to die.”

Oops. Gene knew he’d just pointed out how young Shaun was, and Ben winced.

“Actually,” Gene tried to offset, “Shaun... Mr. Herrick... may have suggested that he drive. And it seemed like a good idea.”

“Did Mr. Herrick think you were ‘under the influence?’”

Gene looked at Ben – who shook his head because he didn’t want to waste objections. So Gene went on.

“I guess you’d have to ask him,” he told Amanda. That seemed to please Ben.

“But he thought it would be better if he drove?”

“Yes.”

“Did you plan to have Mr. Herrick drop you at home and then leave?”

Gene had to fudge.

“Or talk for a while... Whatever.”

A huge “whatever.” And another damning confession.

“Didn’t you both have to work the next day?”

Gene smiled. “I’m allowed to come in late... slightly late. In so many ways, I’m my own boss.”

“And Mr. Herrick?”

“I didn’t even know what he did... does... I never asked. He could have been a student... college student... And I’m not sure classes had started.”

“Did you know whether Mr. Herrick had a driver’s license?”

“I never even thought about it... since he offered to drive.”

“Did he tell you he only had a permit?”

“Again, it wasn’t something I thought of.” He looked at Amanda. “Is it even true?”

At this point, Ben had to interrupt. He stood, faced the judge, and asked, “May I say something to my client, your honor?”

Dorothy simply asked, “What?” and Ben didn’t think it was worth keeping private.

“I’d like to remind him it’s best to let Counsel Aguilar ask the questions.”

Dorothy smiled and turned to Gene. “That’s a very good reminder.”

So Gene smiled, and Dorothy nodded. And Ben and Amanda both smiled. Then she went on.

“Mr. De Wijk, did you pick up Mr. Herrick at the bar?”

And Ben was right back on his feet, this time knowing he had to interrupt.

“Excuse me again, your honor. I need to instruct my client not to answer until we know what ‘pick up’ means.”

Amanda looked directly at Dorothy and simply said, “I withdraw the question.” She’d depended on Ben to object but had to ask the question so the jury wouldn’t think her idiot. They had to know what was going on, even if they’d never heard of the Hayloft or knew what kind of bar it was. But that’s not what the case was about. She didn’t care personally what Gene and Shaun did together. She just needed to show that Gene was drunk.

Ben knew what had happened and knew why Amanda had done it – it was all about credibility. No jury trusts a stupid lawyer. So he simply smiled at her and sat back down, knowing he might have done the same thing.

Dorothy Washington also understood, and she marveled at the tactics of these young lawyers. The only one lost in the silent exchange was Gene.

“Had Mr. Herrick been drinking that night?” Amanda calmly went on. “At the bar?”

“I saw him with one beer,” Gene answered. “I’m not sure he finished.”

“Do you know if he’d been drinking before you came in?”

“Actually, I think we walked in together... Or at about the same time.”

“Did it seem like he’d been drinking? As you had?”

Rub in it, Gene thought. But what he said was, “No, he seemed sober.”

“What first drew your attention to Mr. Herrick?”

She was attacking from a different direction, and Gene wondered if Ben would object. Gene couldn’t simply say, “The guy was cute.” But when Ben didn’t stand, Gene fudged again

“I don’t know. He seemed like a pleasant person.”

“From conversation?”

“Yes.”

“Maybe it would be easier if I asked how you met.”

“Well, we were both at the bar... And I simply turned and said, ‘Hello.’”

“Did you ask his name?”

“I might have... But names aren’t really important when you’re talking in a bar... like at a party.”

That might be over-emphasizing that point. But Gene took a chance.

“Did he ask yours?”

“Maybe... I really don’t remember.”

“Yet you invited him to your house?”

Gene could barely suppress a shrug. “Yes.”

“Did he suggest driving you home because you couldn’t?”

“In the bar?”

“Yes?”

“No. That came up outside.”

“Did you have any trouble walking?”

“Not that I remember... I felt just fine. Only tired.”

“By then, were you feeling intoxicated?”

“No... As before, I just knew I’d been drinking.”

“Did you feel like you were losing your balance or didn’t have complete control of your reflexes?”

“I wouldn’t say that... Definitely no loss of balance.”

“Can you describe more completely what your feelings were?”

Gene considered. “I really don’t know what words to use. Have you ever...” He stopped, remembering Ben’s and the judge’s advice. “If you’ve ever drank, you simply recognize the feelings.”

“So you knew that the drinks had affected you to some degree?”

“To some degree, yes.”

“Can you remember clearly the route Mr. Herrick took to drive you home?”

“Yes.”

“What was the first street Mr. Herrick entered?”

“Well, to be precise, there’s a parking lot that’s just west of the Hayloft, though it belongs to another restaurant. It can be used after hours, and the restaurant closes at ten. So that’s where my car was parked. The restaurant’s on the same side of Ventura Boulevard as the bar... the south side.”

“So Mr. Herrick drove out of the parking lot directly onto Ventura?”

“Again, not exactly... There’s an alley... or driveway... between the two lots... between the bar and the restaurant. Mr. Herrick drove into the alley and then onto Ventura.”

“So he had to turn?”

“Yes.”

“Do you remember which way?”

“Left... left onto Ventura. We had to cross traffic, so he waited till there were no cars.”

“You remember that?”

“It’s only natural. It’s what anyone would do.”

“Were there many cars?”

“A few... but it was late... But it was still Ventura Boulevard.”

Gene thought he could imply the road was always busy without worrying that the local jury members would misunderstand.

“Do you remember the names of any streets you passed?” Amanda continued.

“Not their names... no. But the bar’s only a few blocks east of Laurel... Laurel Canyon. So there aren’t a lot of intersections.”

“You headed west and then turned on Laurel?”

“Again, not exactly. Almost immediately after we turned, Shaun... Mr. Herrick... pulled to the curb.”

“Do you remember why?”

“We were waiting for his friend... or friends.”

“Friends?”

“Yes... they were coming to my house, too, and would drive Shaun home... eventually.” Gene thought that made it sound less like a pick up. Though he’d never been sure how Shaun’s friends were planning to pass their time.

“Do you remember the name of his friends?” Amanda asked.

“No. They never showed up.”

“Do you have any way of getting their names?”

“Well, they’re friends of Shaun’s... or a friend of Shaun’s. I’m not sure exactly who or how many.”

“Do you remember anyone else from the bar? That evening? Besides Mr. Herrick?”

“No. I’m afraid I don’t.”

“Do you recall whether the bartender who served you still works at the Hayloft?”

“No.” And then Gene added, “Actually, I can’t remember which bartender was working that night. There are... and were... several.”

“Have you been back to the Hayloft since that evening?”

“Yes.” At least a half-dozen times.

“Have you ever discussed what happened that night with any of the people who work there?”

“No, I haven’t.” Purposely. He used the bar to relax.

“Have you asked whether any of the people working that night remember you?”

“No... but it was busy... and a holiday evening.”

“Even that late?”

“It was still a holiday... And there are lots of actors in that area. They don’t have regular hours.”

“You said that Mr. Herrick turned left on Ventura Boulevard?”

“Yes.”

“Then stopped at the curb?”

“He pulled over.”

“Can you recall exactly where?”

“It would be just across from the bar... no... just across from the restaurant next to the bar... to its west. As I said, Shaun stopped almost immediately, and then we left in a couple more minutes... no more than five. Because... apparently... whoever was supposed to be following us didn’t... they didn’t show up. So we left, and not because I decided... Shaun made the choice. Then he continued west on Ventura and just before Laurel... before that intersection... there’s a shortcut. I don’t remember its name or even if it has one... if it’s not just Ventura North. But it cuts from Ventura onto Laurel without making you stop at that intersection. That’s always busy, so you have to wait out the light.”

“Is the street Valleyheart?”

“No... that’s further up.”

“Was it from this curb that Mr. Herrick made a U-turn?”

“There never was a U-turn,” Gene said, slightly annoyed at having to go back to that. But he tried to sound gentle.

“Are you sure?”

“Yes... there was no need for one. From the bar, Mr. Herrick made a simple left. From where we temporarily stopped, he just continued straight.”

“As best you recall?”

Gene smiled. “There’s no doubt about it... it’s the only possible way.” But he was getting rattled again and slowed down to breathe.

“If I show you a map,” Amanda went on, “can you be more exact on the street names?”

Gene smiled again, calmer. “Yes... a map would be wonderful. Especially, if it has all the names.”

Amanda quickly handed Gene a small blow-up she’d prepared of the area and had copies passed out to Dorothy, Ben, and the jury.

“This is great,” Gene said. “Thanks.”

“Now, can you tell me where Mr. Herrick stopped at the curb?”

“Yes... it would be just about here.” Gene pointed it out, and Amanda marked it with a pen. “But there’s no corner there. It’s just a spot across from the restaurant.”

“And where did you take the shortcut?”

“It’s called Ventura Place. And... actually... you can’t turn directly onto it. You take a hard right on Radford and then a slightly angled, immediate left.”

“Is there a stop sign at Radford? Do you remember?”

“From Ventura?”

“Yes.”

“It seems unlikely... you know how busy Ventura is. So that close to Laurel, it would probably hold up traffic. But I really don’t know.”

“Is there a stop sign on Radford... before you turn on Ventura Place?”

Gene needed to think. “I really can’t remember that, either,” he admitted. “I’m in and out of the area all the time... I take the freeway to Laurel and then go down the canyon to Sunset... But... to tell you the truth... I almost never use that shortcut... only if I want to stop at one of the stores here.” He pointed that out. “But I can’t even tell you what they are. The street’s narrow, and I find it slower than simply going to Laurel and turning right... That is, if I’m going north... back up to the freeway... as we were that night.”

“Do you know why Mr. Herrick chose the shortcut?”

“No... we really didn’t discuss it... he just turned. But I think he lives in that area... I remember him saying something about walking to the bar. So he’s familiar with it.”

“Even though he doesn’t... didn’t then... drive?”

“Well, if he had a permit... which I believe you said he did...”

“So he turned on Ventura Place,” Amanda said, moving past that and pointing to the map. “Do you remember if there’s a stop sign on the corner of Ventura Place and Laurel?”

Gene shrugged. “If not a stop sign, certainly a light. That’s another busy corner.”

“Did Mr. Herrick stop at the light?”

“If it was red, he’d have to... but for only a moment... since there’s ‘right on red.’ If there was a stop sign, he’d do the same thing.”

“But you don’t remember?”

“No.”

“Is there any reason?”

“Yes. Around that point, Shaun... Mr. Herrick... said, “There’s a police car behind us.’”

“Did he say that before he stopped?”

“Before we were pulled over?”

“No... before he turned right on Laurel Canyon.”

“Yes. Yes... We were still on Ventura Place.”

“Are you certain?”

“Yes.”

“How can you remember?”

“Because I turned to look back at the possible police car... And that was before we turned onto Laurel.”

“Did you see the police car?”

“Yes, I did.”

“Was it a black-and-white?”

“Yes.”

“Did it have its lights on?”

“Its headlights?”

“No... the red spinning lights.”

“No.”

“At that time, was there any reason Mr. Herrick told you about the car?”

“Not that I imagine. It was just an observation, I guess.”

“Did you have the idea the car was specifically following your vehicle? Let me rephrase that.” She started again. “What knowledge did you have at the time...”

“Well, it wasn’t that Shaun said it was following us...”

Ben stood and quickly addressed Dorothy. “Your honor, may I remind my client to let Counsel Aguilar finish her questions?”

Dorothy smiled at Gene, and he nodded.

“What gave you the impression,” Amanda went on, “that Mr. Herrick felt that the police car was following you... that is Mr. Herrick and you?”

Amanda was getting rattled, so Gene relaxed a bit. She’d seemed so terrifically efficient.

“It was just his impression that it was following us.”