12 Hours - 10. Chapter 10

“It was just Shaun’s impression that the police car was following us,” Gene said.

“And when was the first time,” Amanda asked, “that he... or you... noticed the police car was behind you?”

“As I said... he did. It was just before we turned on Laurel from Ventura Place.”

“Did he notice whether the car followed you from the Hayloft?”

“I could only assume so. I don’t know.”

“Why would you assume that?”

“Because it’s such a short distance... only a couple of blocks.” He pointed it out on the map. “And if the officers are saying Shaun made a U-turn somewhere... possibly from the parking lot...”

“So in those few blocks, Mr. Herrick noticed the police car was behind you?”

“I guess.”

“And within those blocks did he make a U-turn?”

“Again, he did nothing of the kind.”

“Did he do anything that would lead you to believe the police officers had been watching you?”

“No.”

“Now after you stopped at Laurel Canyon, you made a right turn. Is that correct?”

“Yes.”

“And drove north on Laurel?”

“Yes... towards the freeway.”

“Was the police car still following you?”

“Yes.”

“How did you know?”

“Shaun... Mr. Herrick... told me they’d made the same turn... and were following in our direction.”

“How did he know that? Did he look in the rearview mirror?”

“Yes.”

“Did you see him?”

“Yes.”

“Did you turn around to look for yourself or use the sideview mirror?”

“I believe I told you I turned... I couldn’t have seen in my side mirror because it wasn’t set that way. I looked back when we were still on Ventura Place.”

“Can you remember how far you drove before you realized you were being stopped?”

“The police car turned on its red lights before the intersection of Woodbridge and Laurel.” Gene showed her that on the map.

“And how far is Woodbridge from Ventura Place?

“Four blocks... but of different sizes. If you look at the map, Woodbridge is the fourth intersection north from Ventura Place. There’s a small side street that has no name on this map. Then there’s Valleyheart South. Then you cross the river. Then there’s Valleyheart North... and these are all short blocks, probably not more than a hundred feet. Then there’s a much longer block to Woodbridge. They stopped us before that crossing light.”

“Did Mr. Herrick stop your car as soon as he was signaled?”

“I don’t know... I wasn’t driving... or looking in the mirror.”

“But he definitely stopped before the intersection of Woodbridge and Laurel?”

“Yes... he pulled the car over and stopped just about here on the map.” Again, he showed Amanda.

“So you were stopped before that intersection and not at Valleyheart and Laurel?”

“Yes... that’s one of several errors in the police report.” He’d let Ben deal with the rest – if that was needed.

“And this was after the police officers followed your car for approximately four blocks?”

“Yes... actually longer... Possibly from the bar.”

“During those four blocks, did Mr. Herrick do anything that would lead the police to stop him for a traffic violation?”

“Not that I saw.”

“But this is your opinion?”

“Yes... and that’s what I couldn’t understand... why were even stopped.”

“Was there anything about your car that would make it stand out?”

“Nothing besides the fact it’s almost ten years old.” He smiled. “That might make it stand out in an area where everyone drives new cars... it’s a wealthy area.”

“But there was nothing in particular in regard to the color... or smog problems... or emission controls... that would make it stand out? No noisy muffler or anything?”

“No... other than at the time of night... it was one of the few cars on Ventura Place... There were more on Laurel.”

“At approximately 1:30?”

“Yes.”

“What was the lighting like?”

“The street lights? In the whole area? Or just on the block where we were stopped?”

“Along Laurel.”

“It wasn’t bad.... But there are lots of trees and bushes around. You probably can’t see the sidewalk from across the street.”

“Is it well lit by the streetlights?”

“They’re spaced well apart.”

“Isn’t it a residential area? With lights from the buildings and the apartments?”

“I’m not sure... it seemed very dark to me. I felt like I was getting beat up in an alley.”

Amanda moved quickly past that. “At the time your car came to a stop, one or more of the officers approached it. Is that correct?”

“Yes. One officer stayed at the police car, and the other came forward.”

“How many officers were involved?”

“Two.”

“And the police car stopped immediately behind yours?”

“Yes. Practically at our bumper.”

“And one officer approached your car?”

“Yes.”

“From what side? Did he come to the driver’s or passenger’s side?”

“The driver’s.”

“And you were sitting on the passenger side?”

“Yes.”

“Did the officer talk to Mr. Herrick?”

“No. We’d turned off the ignition.”

“Mr. Herrick turned off the ignition?”

“Yes. While I reached into the glove compartment and took out my registration.”

“Where was the other police officer?”

“Standing by the side of his car.”

“To the left or right?”

“Right. I think he was the passenger.”

“By the right front of his car?”

“I’d say more by the door.”

“Was he looking in your direction?”

“Yes. I think so.”

“Did the officer who approached the driver’s side of your car talk with Mr. Herrick?”

“I think so... we both got out of the car because I wanted to show my license and registration. I don’t know why Shaun got out... I thought it was the law. I also wanted to ask why we’d been stopped.”

“So you got out of your car voluntarily?”

“Yes.”

“Neither officer asked you to get out?”

“No.”

“Did you approach either officer?”

“I was just standing by the side of my car... the passenger side. I thought Shaun was speaking with the officer on his side... or maybe showing his license. And I figured one of the officers would eventually ask for mine, so I was just holding it out. Plus the registration... Because I knew they’d want it when Shaun didn’t have it.”

“Which he wouldn’t.”

“No. Since it was my car.”

“Did one of the officers finally approach you?”

“No... Actually, we were told to move to the sidewalk.”

“Both you and Mr. Herrick?”

“Yes.”

“Can you remember who told you?”

“I think we were told from both sides... from the officer who was talking with Shaun and from the other.”

“Who was still by his car?”

“Yes, but not far from me... By a car’s length... or less.”

“Officer Jarl is the patrolman who approached the driver’s side.”

“I know that now.”

“Officer Martel remained by the police car.”

“I know that, too.”

“When did you ask why you were stopped?”

“When Officer Jarl took my drivers license... I was holding it out to him. I said, ‘Why did you stop us? What did you stop us for?’”

“Did either officer ask for your license?”

“I don’t think so... but I knew they’d want to see it... if only as my ID. It’s not the first time I’ve been stopped.”

Gene thought he’d slipped again and shouldn’t have mentioned that. It might give Amanda Aguilar the chance to ask why he’d been pulled over previously. But he was sure the police could easily find his records. They were all stops for occasionally speeding, and they spanned over fifteen years – especially when he was younger. Fortunately, Amanda just went on.

“When you asked Officer Jarl why you’d been stopped, what did he say?”

“He didn’t. He never replied.”

“He just looked at your license?”

“Yes.... kept it actually and took it to Officer Martel. Apparently, they were running checks on both my ID and Shaun’s.”

“So during this whole period of time, Officer Martel remained by his police car?”

“Yes.”

“And after Officer Jarl gave him your license and Mr. Herrick’s ID card, Officer Martel called or relayed to see if they were valid?”

“Yes... And then I remember him shouting, ‘We’ve got a hit!’ Like it was a ballgame.”

“Officer Martel said, ‘We’ve got a hit!’?”

“Yes.”

“Where was Officer Jarl?”

“Standing by Shaun and me on the sidewalk.”

“Did he explain what a “hit’ was?”

“No... but it was pretty obvious.”

“That there was a warrant out for one of your arrests?”

“Yes.”

“Was it for yours?”

“No.”

“Then it was for Mr. Herrick’s?”

“Actually, it turned out to be a paperwork error... which we didn’t find out till later. It seems ‘Herrick’ is a fairly common name.”

“After Office Martel said, ‘We have a hit!’ what happened?”

“I don’t recall... at least, I don’t remember the exact sequence.”

“Even with Jessica Seung’s help?”

There was a needle in that. But Gene just said calmly, “She can only guide.”

Amanda nodded. “Once the officers believed there was a warrant for Mr. Herrick’s arrest, did Officer Martel approach you?”

“Yes. And he started to put the handcuffs on Shaun.”

“Was Officer Jarl with you while Officer Martel was with Mr. Herrick?”

“We were all together on the sidewalk... the four of us. But Officer Martel was closer to Shaun.”

“Did you see Mr. Herrick get handcuffed?”

“Yes.”

“Did you see Mr. Herrick placed in the police car?”

“No... not yet. First, Officer Jarl started to put handcuffs on me, and I said, ‘What are you arresting me for?’”

“Did he answer?”

“Not really. He said, ‘Shut up.’”

“And did you?”

“No... I asked him again, ‘Why are you arresting me?’ And that’s when he hit me.”

There was an intake of breath from someone in the jury box, and Gene thought he heard a quiet, “Oh, no!” But he was in eye contact with Ben, and Ben – almost barely – shook his head. So Gene didn’t look. And Amanda went on.

“You’re referring to Officer Jarl. Is that correct?”

“Yes.”

“How did he hit you? With his hand? With his baton? With his pistol?”

She seemed fearless.

“Not with his pistol... fortunately, he never had that out... neither of them did. Then I would really have panicked.”

Gene started to smile – to show he was partly kidding. Then he hesitated, realizing – as before – he was offering more information than he needed. But he believed in communication.

“He hit me with his fist,” Gene went on. “Punched me in the stomach.”

“With his right hand? Left?”

“I’m not sure... But he knocked me down.”

“Did you fall to the ground?”

“Yes.”

“Did any part of your body hit the concrete sidewalk?”

“My shoulder.”

“Only that?”

“And the side of my face.” Gene pointed to his right eye.

“You’re indicating near your right eye.”

“Yes.”

“By the eyebrow?”

“Yes.”

“And your right shoulder?”

“Yes.”

“Anything else?”

“My hip... my right hip... And after he knocked me down, he pushed my face into the dirt.”

There was definite movement in the jury box, but Gene knew not to look. And Ben nodded.

“Dirt or grass?” Amanda asked, as if she was trying to soften that.

“I couldn’t tell. It was dark.”

“As you were going down,” Amanda continued, “did Officer Jarl land on you? Did he lose his balance, too.” Again, she seemed to be softening.

“No... He knocked me to the ground and... at the same time... pushed me down.”

“With both hands?”

“Maybe. I don’t remember... not clearly.”

“Did he keep you on the ground?”

“He told me to ‘Stay!’ Like a dog.”

Ben shook his head. Evidently, no comparisons.

“But while I was down there,” Gene continued, “again, I asked... repeated... “Why are you arresting me? What are you arresting me for?’ Finally, he said, ‘For being drunk!’ And I immediately said, ‘I want a blood test.’”

“Did you ever say you weren’t drunk?”

“I just said, ‘I want a blood test.’”

“Is that all?”

“I just felt that I wasn’t drunk... And I wanted to prove that.”

“Was this before or after you were on the ground?”

“After.”

“And while you were on the ground, Officer Jarl was holding you down, and you were shouting, ‘Why are you arresting me? What are you arresting me for?’ ‘I want a blood test!’”

“I wasn’t shouting.”

“But you were insistent?”

“Yes... And in response, he was pulling my arms behind me... to put the handcuffs on.”

“So at the time you fell down, you hadn’t been handcuffed?”

“I was knocked down,” Gene corrected. “And no... not while handcuffed.”

Ben nodded. Amanda went on.

“And when you were on the ground, did you turn on your stomach, so Officer Jarl could put the handcuffs on?”

“First, I was on my shoulder... then on my side... so he could put the handcuffs on... And my face was again pushed into the ground.”

“On the grass or the cement?”

“I don’t remember.”

Amanda went on. “After Officer Jarl put the handcuffs on you, what happened?”

“He hit me again.”

There was again movement among the jury members, and someone seemed to be restless.

“Were you still lying on the ground?” Amanda asked.

“Yes.”

“Then how did he hit you?”

“He pulled me up first... yanked me by the elbows... with my hands behind my back.”

“Did he assist you in standing?”

“I don’t think that was assistance.”

Someone on the jury laughed.

“And when were you struck?”

“The second time?”

“Yes.”

Amanda seemed uncomfortable admitting that.

“After I said, ‘I don’t believe this... I want a blood test... I want to talk with my lawyer.’ And he told me again to, ‘Shut up!’”

“Who was your attorney at that time?”

“The same as now... Ben Carleson.”

“Had he represented you on other matters?”

And Ben stood. “Your honor, I don’t think we need to go into that. I don’t think it’s relevant.”

Gene knew it only had to do with business. Still, Amanda turned to Dorothy.

“It could be relevant in terms of Mr. De Wijk’s prior experiences with the police.”

“Then you may ask about that,” Dorothy decided.

“Thank you.” But Amanda decided to go in another direction. “After this, did Officer Jarl say anything else to you?”

“No. He went to the car.”

“Which car?”

“Mine... and he looked through it. He looked through the entire car. Lifting things. Opening things. Going under the front and back seats. The glove compartment. The trunk.”

“How could you see this?”

“I was standing right there. The second punch didn’t knock me down. I just took it.”

“What did he do next?”

“Rolled up the windows and locked my car.”

“Where was Officer Martel at this time?”

“Standing on the sidewalk with Shaun and me.”

“Did he say anything to you?”

“No.”

“Did you say anything to him?”

“No... I didn’t want to get hit again.”

“After Officer Jarl searched and locked your car, what did he do next?”

“He put the keys in my back pocket.”

“Were you still wearing your cut-offs? Or had you changed for the bar?”

“Still in my cut-offs, tank top, and sandals.”

“And what happened next?”

“Shaun and I were taken to the police car. I was put in first... in the middle. Then Shaun was put on my right. Then the door was closed. Then Office Jarl got in next to me, and Officer Martel drove.”

“Both of you were handcuffed?”

“Yes.”

“Have you now told everything that happened between the time your car was stopped and the time you and Mr. Herrick were placed in the police car?”

Ben stood. “Your honor, that calls for a narrative answer. Mr. De Wijk has already described the situation.”

Dorothy considered. “I think your client may answer,” she told Ben.

And Gene said, “I’ve described everything I remember. There may have been other... tiny... incidents. But I don’t recall.”

Amanda went on. “Do you remember Officer Martel touching, speaking with you, or harming you physically in any way?”

Gene hesitated. “I don’t really know. While I was on the ground, both officers may have helped handcuff me. But I don’t remember.”

“Do you recall two hands on you? Or three or four?”

“That’s not what I was thinking about. I couldn’t believe the whole thing was happening.”

“Did you see Officer Martel?”

“I couldn’t see anything. My face was pushed into the ground.”

“Who placed you in the police car?”

“Officer Jarl. But this was later... after I was hit the second time.”

“During the drive to the station, Did Officer Jarl in any way touch you?”

“Well, he was sitting next to me. Our sides were touching.”

“Did any of you say anything?”

“Officer Jarl asked who my lawyer was.”

“Did you tell him?”

“Yes.”

“Did he or Officer Martel reply?”

“Officer Jarl said, ‘Oh, what does he do? Get you off for marijuana?’”

There was a laugh from someone on the jury.

“Did you reply?”

“No... I didn’t say anything else. It was a useless conversation.”

“Did Officer Jarl say that he knew Mr. Carleson?”

“No. He said nothing after that.”

“So that was the entire conversation in the car... from the time you all got in until you arrived at the North Hollywood police station?”

“Yes.”