12 Hours - 12. Chapter 12

The highlights of Dr. Jessica Seong’s testimony:

“Gene De Wijk first came to me less than a week after his arrest. He’d never seen a psychologist or psychiatrist before, except as part of a routine examination before he went into the Navy. So he asked if I thought the hypnosis I sometimes use as part of my therapy might help him sort through and recover some of his memories. I said, ‘We could try,’ and those thoughts later formed the base of his testimony.”

“The next time Gene came to me was at the suggestion of his lawyer, who needed to determine if Gene had suffered any psychological damage, whether it was injury or impairment, as a result of his mishandling by the LA police department on September 3rd, 1985. Also, if I found any, what was its severity and prognosis.”

“Gene is a tall, thin, well-built, serious-looking man. When I’ve seen him, he’s always been well-groomed and dressed in a sports jacket, business shirt, slacks, and often a tie. He’s open, direct, and spontaneous, though sometimes rambling, and he generates a lot of information on the way to his goal.”

“He also sometimes shows a slight isolation in that, on certain subjects like relationships, his emotional response doesn’t change no matter what the topic discussed. This kind of person is one who’s well-controlled but as a result tends to direct anxiety into body functions, causing body symptoms instead of more recognizable emotional reactions.”

“For example, since the time of his arrest and mistreatment, Mr. De Wijk has developed several physical complaints that no medical examinations have found cause for. He’s mentioned more frequent urination than before, and it has an urgent nature. He may be able to delay for a few minutes but not more than that. He’s also developed rashes and has had three outbreaks he’s had to go to his doctor for to get medication because of the itching.”

“These psychological complaints are mentioned because they tie with his tendency to internalize anxiety. He’s a person who may not appear anxious but whose body dysfunction express anxiety for him. Basically, these reactions indicate an unconscious process of anxiety with resulting abnormal physical functions. In this case, frequent trips to the bathroom and rashes.”

“Generally, he’s also more anxious than he was before his arrest. He’s developed a fear of policemen and feels more vulnerable any time he even passes an empty police car. He’s also developed a somewhat too self-defensive response to any type of situation which might expose him to dealing with policemen, like simply driving his car.”

“We tried to measure his nervous tension level before and after his arrest. A scale of 1 to 10 is used, with 1 to 3 being considered normal, 4 to 7 considered moderately nervous, and 8 to 10 considered very nervous. Mr. De Wijk estimates his pre-arrest tension level was 1 or 2. But a week after his arrest, when I first met him, it had reached a level of 8 or 9, and it presently averages 4. This indicates he’s gone from the normal range to the low moderate level.”

“He’s also more forgetful and more absent minded than before his arrest. He’s become somewhat less patient and more quickly irritable so tends to snap at his friends and co-workers or assistants more readily than he used to. He’s developed a startle reaction, and unexpected sounds, especially loud ones or people suddenly appearing without his expecting them, cause him to be jumpy.”

“Socially, there’s been a marked change his lifestyle since his arrest. He’s withdrawn from activities he used to enjoy, like going to parties and even casually stopping at a local bar after work for a beer. And there’s been a marked decrease in his sexual function. From a level of about several experiences a week, he now averages maybe two per month and sometimes, not even that.”

“No abnormal change in motor skills was noted. His thought process is also normal, without evidence of delusional thinking, and there are no perceptual distortions such as hallucinations. He’s well-oriented as to time, place, and person, appears to be of bright normal intelligence, and his memory seems intact for both recent and distant events. His reasoning, insights, and judgment are all clinically intact.”

“Overall, Mr. De Wijk shows post-traumatic nervous reactions mixed with features of anxiety, depression, phobic responses, and conversion of mental phenomenon into physical ones. He’s created definite psychological responses to his arrest and the mistreatment he suffered at the hands of the arresting officers. As a result, he feels in need of continued treatment and support to help him overcome his phobic responses and help him return his anxiety level to normal. Following this, arrangements have been made to continue his weekly counseling sessions.”

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The most important things Shaun Herrick told Amanda, Ben, Dorothy and the jury in his testimony:

“My name is Shaun Gregory Herrick, and I currently live in Studio City with my parents. On September 2nd, last year, at about 11:30 in the evening, I was at the Hayloft bar located between Colfax and Radford Streets, not far from my home. At about this time, I met Gene De Wijk.”

“I went inside the bar with Gene and had a beer, and he had a beer as well. Some time after, we talked for a while, Gene said he was going home, and I said I’d drive him, since he seemed a little drunk. So some time between 1 AM and 1:30, we left the Hayloft.”

“Gene gave me the keys to his car, and I got in on the driver’s side. We backed out of the parking space in the lot next to the bar, and I pulled into the alley and made a left turn going west on Ventura Boulevard. After turning, I waited on the right side of the street for a friend of mine who was going to follow us. But the friend didn’t show up, so after about a minute or two, I proceeded west on Ventura until I came to a spot in the road where it splits. Then I proceeded right to Laurel Canyon Boulevard where I made a right turn.”

“I made sure I did a full stop at the stop sign before I turned right because I noticed a police car behind me before I stopped. After I turned right, I looked into the rearview mirror and noticed that the police car had turned on its red lights. So I pulled over.”

“I believe the taller of the two police officers asked Gene and me to get out of the car. I got out on the left-hand side, and Gene got out on the right, and the officer took me around to the back of the car, right between the curb and the sidewalk. Gene was already on the right hand side of the car, standing on the sidewalk. Then the smaller officer came over to where I was and started questioning me, while the taller officer told Gene to stay where he was. Then he went to the front of the car and started looking at it.”

“Gene then asked, ‘Why are you arresting me?’ and the officer told him to, ‘Shut up!’ Then Gene took a step toward him and kind of stumbled or staggered and put his hands out to steady himself and again asked why he was being arrested. When the taller officer turned, he threw Gene to the ground, took out his nightstick, and put it under Gene’s chin, and started choking him with it. Then the smaller officer, the one talking to me, ran over, reached down, and struck Gene in the stomach with a strong low. Then the taller officer said, ‘I have it under control,’ and the smaller officer came back over and started asking me my name, my address, and questions like that.”

“When I heard the other police officer wrestling with Gene, and I turned around, I saw the officer now pushing Gene to the ground with his arm around Gene’s neck this time. Then he handcuffed him while they were both still on the ground. After he had the handcuffs on Gene, he struck Gene in the ribs again. Then the officers searched the car without permission.”

“After that, they picked Gene up off the ground and put us in the police car with Gene on my right and the officer that beat Gene up on the left. They drove us to the North Hollywood police station, and then they took us into the booking room, and Gene was saying, ‘I don’t believe they’re doing this to me,’ over and over. They put Gene in a small room, and then the tall officer grabbed him and started choking him again until Gene wet his pants. I know this because I saw the stain on his short cut-offs and then saw something running down his leg.”

“Then all the officers started laughing and talking about how they could make this happen by choking the person until they were just about to pass out and then releasing for a second and squeezing the neck again until the person messed in his pants. One of the officers then said that Gene had wiped his hands on the wall, and the other officer said, ‘Charge him with that!’”

“After that, we were in different cells for a while, and I didn’t see Gene again until he was trying to call his lawyer, and I asked him if his lawyer could get me out, too. I really didn’t want to call my parents since it was the middle of the night, and they both had to work in the morning. They wouldn’t worry about me because they were used to me staying out late or all night, and it was still kind of summer and a holiday weekend, and school had just started. Still, when I got home that afternoon and saw them at dinner, they were really mad, even though I told them the whole thing had been a mistake.”

“I never should have been arrested because the police got someone else’s name and unpaid tickets mixed up with mine. I’ve never even had a ticket because I don’t own or drive a car regularly. Also, I thought it was OK for me to drive with my learner’s permit because Gene had a license. I was never worried about being able to drive because I’ve been doing that with my dad‘s dune buggies out past Point Mugu since I was four. The only reason I don’t have a driver’s license is because I’m one of five kids in my family, and our parents said we couldn’t drive their cars unless we paid our parts of the insurance. But that costs a lot, and I only have a part-time job making pizza, since I’m going to Valley College.”

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The most important things Vic Kargar said on the stand:

“My name is Victor Kargar, and I normally live in Stratford, Connecticut. But when I’m in California, three or four weeks a year, in the summer and winter, I stay with Gene De Wijk, now in his new house. I’ve known Gene for almost fifteen years, since the Navy, and I’ve been coming to California for the last five, since his company transferred here.”

“On September 3rd, 1985, Chris Lampier – a guy who rents a room from Gene – and I picked Gene up at the Van Nuys Courthouse in Van Nuys, California. It was about two in the afternoon. That was the first time we saw Gene after last seeing him the night before, around 10 o’clock, when Chris and I left a big pool party we’d all been at most of the day.”

“When we saw Gene last, he had no cuts, or abrasions, or visible physical impairments. But when we picked him up at the courthouse, I noticed he had a bruise around his right eye, around the cheekbone, approximately three inches in diameter, and a small laceration above his eye as well. There were also bruises around his neck and spots that looked black and blue.”

“When we got home, I noticed bruises on Gene’s side – I think it was the right side – which were an inch or two in diameter. He also had bruises on his right shoulder, about three inches around, and on some places on his body, he had dried blood stains. He was complaining of pains in his chest and had trouble breathing. He also complained of pain in his neck and was having trouble turning his head from side-to-side.”

“He seemed quite upset and insecure and was in what appeared to be a daze. He was visibly pale and lacking color in his skin and looked like he’d just come out of a serious car accident. He was confused and afraid and didn’t want to drive his car home. So I was glad I’d brought Chris with me to help me find the courthouse. He’s lived here longer – I believe three or four years – and knows some of the areas better than I do.”

“After the police incident, I observed Gene’s mental state for approximately a month, until the end of September, when I went back home because I was overdue to work at my job in Connecticut. During the first week after the incident, Gene still wouldn’t drive, so I drove him the maybe seven miles to work and picked him up after he called. He also asked that I stay with him two weeks longer than I’d intended to keep him company. Chris was great, but he had his own friends and was often off with them or at work.”

“Gene was extremely depressed and moody throughout September, and this affected all his relationships with friends. In fact, many of them became a little angry with him and told him ‘This sort of thing happens all the time,’ and to get over it. By the end of two weeks, all Gene’s bruises were gone, but his depression played on his mind much longer. He definitely had a fear of police officers and was totally paranoid about their presence.”

“I knew Gene for almost four years in the Navy because we both joined around the same time and near the same age – eighteen. We went in as apprentice seamen, and he came out as a first class mate – a Petty Officer First Class – while I was still a seaman. He was a crew member on the Hurricane Hunters, who’d calmly fly into the eyes of storms to do meteorological evaluations, and he estimated he had over 2,000 hours logged in air time. So he’s always been a calm guy. During the service, he also attended enough school to have the college equivalent of two years.”

“He finished college at Brooklyn Polytech, while taking extra correspondence courses at the Cleveland Institute of Technology. So now he holds licenses in radio and telephone engineering. During the Navy, and still after, he was much more ambitious than I was. I went in barely knowing how to comb my own hair and came out as a barber. And I still cut people’s hair for a living.”

“When I came out here again to testify at this trial, I was happy to see that Gene was pretty well back to the guy I’ve always known. But he still has major fears about the police.”

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The most important things Jonathan Doan said in the courtroom:

“First of all – maybe more important than anything else I’m gonna say – Ben Carleson didn’t come looking for me. There’s no reason for him to even know I’m alive.”

“But when I got arrested for what I considered was a borderline drunk driving charge – and even more for what happened during that arrest – I was thinking about filing a claim. Any claim I could against the police department. That’s when my lawyer – Jeri Lee – put me in touch with Carleson.”

“She said that Carleson had just filed the same claim, and it was kicked out of court. Well, not kicked out. It was never in court. It was just a claim. But it was rejected. And the reason Jeri wanted me to talk with Carleson is she was trying to talk me out of wasting my money the same way.”

“But that wasn’t the point. When Carleson filed his claim, he didn’t have any back-up against this Officer Ken Jarl. So what happened to his client was just out there in outer space – an exception, even though Jarl did it in front of witnesses. It was just part of normal routine.”

“But when he did it to me, it was different. For one thing, I was drunk – a little. Now normally, I’m very careful. I follow the one-drink-an-hour rule, but I tend to drink decent margaritas. Good tequila. None of the cheap mix stuff. And I had dinner with friends. In this restaurant – Casa Vega – that’s been in the Valley since forever.”

“Well, my friends went home around nine, but I wasn’t ready to do that yet. So I went to the bar where I know some of the bartenders. And I know some of the regulars, too – the ladies – and hoped to get lucky. I didn’t, but that’s another story. So maybe I lost track, but I still don’t think I had more than four margaritas, and I didn’t leave till midnight. Probably five-and-a-half hours all told.”

“And this was on top of a heavy Mexican dinner with beans and tortillas and chicken and rice. And I was eating salty taco chips at the bar all the time, while watching the Dodgers lose. And I know I’m a little guy – 5'-8", 160, fully-dressed in a suit with heavy shoes. So I gotta be careful. But I still didn’t think I was drunk.”

Anyway, I left Casa Vega around midnight and realized immediately I’d forgotten to get gas. And I headed up to the Exxon station I use on the corner of Coldwater and Ventura, and when I pulled back out, there were two cops behind me.”

“Well, they pulled me over right off. We didn’t even get to the curve and Jerry’s and the bowling alley. So they might’ve been following me from the restaurant. And they made me walk a line, and I was a little wobbly – sure – because of the margaritas. And I thought I did fine, but they arrested me anyway.”

“They took me to the North Hollywood station for a Brethalyzer. And they set up the machine, and I said, ‘I want a blood test,’ which pissed them off. And this one guy – tall – Jarl – started yelling at me and saying, ‘Why didn’t you tell us this before?’”

“So they yanked me up – still with my hands cuffed behind my back – and took me to Riverside Hospital. They kind of shoved me into their car, and yanked me out, showing how pissed they were. And I didn’t like that at all and talked back.”

“At the hospital, they put me into a room. And the nurse left, and Jarl’s partner went with her – to do some paperwork or something. And Jarl looked at me. And he walked over to the door and looked up and down the hall. And he closed the door, and came back, and choked me until I almost passed out.”

“Now like I said, I’m just a little guy. And my hands were behind my back, and I was sitting. And Jarl’s like Godzilla. He must be 6'-8", 250. And when I came to, still sitting in this crappy plastic hospital chair, Jarl’s standing there grinning. ‘Now you won’t be so cocky,’ he said.”

“Well, I couldn’t eat or easily swallow for a few days. But Jarl was happy when I flunked the blood test – with like a .093 – just over the line. But I plead guilty and paid my fine. And I’m going to AA classes.”