12 Hours - 16. Chapter 16

“Did you help Officer Jarl put Mr. De Wijk in the car?” Ben continued.

“Yes,” Officer Martel said.

“How did you do that?

“We picked him up. We each grabbed one of his arms and asked him to stand.”

“Where did you grab his arms?”

“I believe around the elbow area.”

“You didn’t grab them around the wrists where the cuffs were?”

“Not that I recall. I normally don’t do that because it inflicts pain. If the person complies and gets up, I assist them. But if they try to resist in any way... try to kick me or anything... then I’ll apply some sort of pressure or headlock.”

“At the time you yelled ‘Stop!’ to Mr. De Wijk and then ran over and put the cuffs on him, were you arresting him for anything or just keeping him on the ground?”

“No. Not arresting him. Not at that time.”

“At the time you picked him up and took him over your car, were you holding him for something other than detention?”

“When we placed him in our car?”

“Yes.”

“For interfering. Also being plain drunk.”

“How was he interfering?”

“By his yelling and his attempt to get Officer Jarl. He was interfering with our investigation and causing a delay in it.”

“Is there a crime called ‘interfering?’”

“Yes. 148 PC.”

“Do you know what that crime consists of?”

“Basically, yes.”

“Could you explain it to us?”

“Well, anytime a person interferes with an officer, either orally or physically, we can make an arrest.”

“When you say ‘orally,’ what does it mean?”

“Well, if I’m trying to interview a witness and another person keeps stepping between us and yelling in my face, making it nearly impossible to talk to the first person about an occurrence, that would be ‘orally.’”

“That’s physical interference, too, as you described it.”

“Do you mean stepping between us?”

“Yes.”

“It doesn’t necessarily have to be directly between us. It could be just in the vicinity. Immediate vicinity.”

“At any time during your discussions with the driver, did Mr. De Wijk step between you and ask questions of you?”

“No. He was always to the side.”

“Did he ask questions then?”

“As I’ve said, he was just yelling at Officer Jarl and me. When I asked the driver a question, I had to have him repeat his answer because I couldn’t hear him.”

“While you were with the driver, was Officer Jarl helping you?”

“No.”

“Was he with Mr. De Wijk?”

“I really wasn’t watching. I was running the warrant check.”

“So there was nothing stopping Officer Jarl from answering Mr. De Wijk’s questions?”

Amanda stood to object, and Ben was sure it was on “supposition.” But Dorothy just waved her away. It seemed the judge was too interested in what was being described.

“Again, I don’t know,” Officer Martel replied.

“Do you know if Officer Jarl ever answered any of Mr. De Wijk’s questions?”

“I don’t recall if he did or not.”

“You indicated at one point that you were intending later to answer his questions. Is that right?”

“Myself, personally, yes.”

“As I recall, Officer Jarl told Mr. De Wijk to go to the sidewalk. Is that correct?”

“I think I said I assumed he did because he went over there.”

“Is there any reason you know why Officer Jarl couldn’t have come over and done a pat-down search on Mr. De Wijk at that time?”

When Ben glanced at Amanda, it seemed she might object, again on “supposition.” But then she seemed to remember Dorothy’s last ruling.

Officer Martel simply continued. “It’s normal policy that one officer will search, and the other doesn’t.”

“Is there a manual section to that effect?”

“Not that I know of. It’s just the way we operate.”

“At any time, did you hear Officer Jarl answer any of the questions Mr. De Wijk asked?”

“I don’t recall.”

“Did you answer any question that he was making when you thought he started moving toward Officer Jarl?”

“No.”

“When did you first form the opinion that Mr. De Wijk might be under the influence of alcohol?”

“When he jumped out of his car.”

“And you said you arrested him for interfering and for being drunk in public. Did you ever charge him with interfering?”

“I believe the only thing we charged him with was vandalism. The city attorney does the rest.”

“Do you know what the elements of 647 (F) are?”

“Yes.”

“Could you please explain them to us?”

“Drunk in a public place. Unable to take care of yourself or assure the safety of others. Under the influence of either drugs or alcohol.”

“And what led you to the opinion that Mr. De Wijk was in violation of one of these elements? You mention them in your report.”

“His eyes were bloodshot and watery. His speech was thick. He was staggering around. And he was failing to comply with our instructions.”

“Anything else?”

“He had alcohol on his breath. A very strong odor.”

“Anything further?”

“His demeanor.”

“What did that consist of?”

“By the way he was acting the whole time during our encounter. And when he attempted to grab Officer Jarl.”

“You assumed he was attempting to grab Officer Jarl.”

“Well, you said before I arrested him for it.”

“But you didn’t arrest him until he moved away from you. And you grabbed him, and choked him, and put the cuffs on him?”

“That’s correct.”

“And you never charged him with this assault? Along with any of the other things you’ve mentioned? That in so many ways could be your perceptions?”

Officer Martel seemed uncomfortable but simply answered “No.”

Ben glanced at the jury, to make sure they were following. “Now later,” he continued, “you took him over to the car, and you helped him in. Do you recall where Officer Jarl grabbed him when he took him to the car?”

“No.”

“And you put him in the car, I take it?”

“Yes.”

“And from the time you put him in the car through the time you arrived at the jail, did he say anything to you or Officer Jarl?”

“He just kept screaming. That’s all.”

“You still had him turned off as far as you were concerned?”

“Yes.”

“And you didn’t answer any of his questions?”

“No. I was driving.”

“Did you respond in any way to the screaming?”

“Not that I recall.”

“Did Officer Jarl respond?”

“I don’t know.”

“Do you know if the driver of the car responded to any of it?”

At this point, Amanda did interrupt. “Your honor it’s not clear by ‘the driver’ whether Mr. Carleson means the officer or Mr. Herrick.”

Ben turned to Dorothy while saying, “Thank you, counsel.” Then, “Your honor, please let me clarify that the driver in my question was Mr. Herrick, the driver of the car that was stopped. Not Officer Martel, the driver of the police car at the moment.”

Dorothy simply nodded, and Officer Martel answered.

“Officer Jarl was sitting in the back. I couldn’t see if he responded or not.”

“When you arrived at the police station, did you help either Mr. De Wijk or Mr. Herrick out of the car?”

“By help, do you mean ‘grab them by the arm’ or ‘assist’ them?”

“Either.”

“Not that I recall. No.”

“And as soon as you were all inside, did you leave to go write up your report?”

“No. After we were in the station, I went to the watch commander’s office to get to the records clerk where the teletypes were.”

“Was Mr. De Wijk still asking questions?”

“Yelling. Yes.”

“And you still didn’t hear what he said?”

“No. I just shut him out.”

“After you went to the records clerk, did you leave?”

“No. I only temporarily left the area where Officer Jarl and the two arrestees were.”

“How long were you gone?”

“Probably less than a minute. A minute at most.”

“When you came back, what did you see?”

“Mr. De Wijk was on the floor.”

“Was he still handcuffed?”

“Yes.”

“Was he on the floor by himself?”

“Officer Jarl was kneeling next to him. I don’t recall exactly what was going on, but I went over and helped Mr. De Wijk stand up, and then we put him in the holding tank.”

“How did you help him up?”

“By the arm again.”

“Did you see where Officer Jarl got him?”

“No, I didn’t.”

“Did you notice anything unusual about Mr. De Wijk before you left him? Or about his clothes?”

“No. Nothing at all.”

“Did you leave the area again?”

“After that. Yes.”

“Did you come back again?”

“Yes.”

“Why did you leave?”

“I went to the report room to start my reports.”

“Do you know what Officer Jarl did?”

“No.”

“How long before you came back?”

“Maybe fifteen minutes. The reports were fairly routine.”

“And when you came back, you said you smelled something?”

“Yes. Walking past his cell.”

“Mr. De Wijk’s?”

“Yes.”

“Was he in a cell with anyone beside himself?”

“No.”

“Was there any reason he was in a separate cell?”

“It was just there when he was causing trouble.”

“Ultimately, you said he was booked for malicious mischief?”

“Yes.”

“Did you ask anyone to charge him with that?”

“We had to get a booking approval from the watch commander or a supervisor, and that’s what they recommended after we explained what had happened.”

“They recommended that particular charge?”

“Yes. After all that occurred. We explained that he was at 647 and 148, and then what had happened at the station. And they recommended vandalism.”

“Again, 647 is ‘drunk’ and 148 is ‘interfering?’”

“Yes.”

“Do you know what the result of the charge filed against Mr. De Wijk was?”

“You mean the disposition of the case at court?”

“Yes.”

“I believe they dismissed it.”

“Do you have any idea why?”

“No. I really don’t.”

“Was it possible the judge listened to Mr. De Wijk?”

Amanda was on her feet. “Your honor...” she began.

“Withdrawn,” Ben said. But he noticed that at least one person on the jury was nodding. “Do you still work at North Hollywood station?” he went on.

“No,” Officer Martel replied.

“Where do you work now?”

“Venice division.”

“How did you get transferred there?”

“I volunteered for it.”

“Any reason why?”

“For different experience.”

“Is there any specific kind of experience that you were interested in getting?”

“Yes. I’m interested in narcotics, and there’s a lot more of that in Venice than in most places.”

Ben smiled. “I assume you’re interested in narcotics enforcement. Not use.”

Officer Martel also smiled. “Yes.”

“Did you apply to any other police departments besides the LAPD?”

“None.”

“Have you ever been arrested for a felony?”

“I’ve never been arrested at all.”

“Have you ever been involved in a lawsuit for assaultive behavior?”

“None.”

“Have you ever been involved in a lawsuit for false arrest?”

“No.”

“For false imprisonment?”

“No.”

“Has anyone ever accused you of assaulting someone or false arrest or false imprisonment?”

And at that point, Amanda interrupted. “I need to object. Under current law, counsel is only entitled to know whether the officer has had a complaint filed against him. For excessive force, false imprisonment, or false arrest where it’s been sustained, and he’s received some kind of disciplinary action.”

Ben nodded. “Have you ever been charged with any of the items that counsel described that have been sustained?”

“That have been sustained?”

“Yes.”

“None.”

“Have you been charged when they weren’t sustained?”

Amanda again objected. “I question that being relevant and object to it under current caselaw.”

Ben simply nodded. “Do you recall if any photographs were taken relating to this incident?”

“I believe several were taken in the holding cell. Polaroids. But they didn’t show anything. It was mainly the smell.”

“Do you know how many arrests you’ve made during your almost four-year police career?”

“I don’t.”

“Do you know how many you made before this one?”

“Again, no.”

“Do you know how many you made on September 3, 1985?”

“No.”

“Do you know if any investigators or members of the Internal Affairs division of the Los Angeles police department have any recorded or transcribed statements of witnesses or parties to this incident other than yourself and Officer Jarl?”

“All I know is that a couple of them talked to me.”

“Do you remember when?”

“After Mr. De Wijk’s claim was filed.. In January. And then after the lawsuit.”

“Do you have anything besides a business relationship with Officer Jarl?”

“Nothing other than that.”

“Did Officer Jarl contribute to the police report that you and he refreshed your memories from yesterday?”

“No. I wrote it alone.”

“I have only one last question,” Ben offered. “One short question.” He hesitated. “Do you have any explanation for the differences between your report and testimony and Mr. De Wijk’s testimony? You both seem very sure of yourselves.”

Officer Martel smiled. “I’ve been thinking about that, both today and overnight. It’s one of the reasons Officer Jarl and I reviewed my police report.”

He paused, then casually offered.

“Mr. De Wijk was drunk. Officer Jarl and I weren’t. I barely drink, and I’ve never seen Officer Jarl come even close to drinking, on or before the job. Also, Mr. De Wijk had been partying all day... maybe all weekend. And I can’t vouch for Officer Jarl, but when I’m working nights... as I was that weekend... I sleep from soon after breakfast till dinner time... even on three- day holidays.” He stopped and again seemed to think. Then he shrugged. “That’s about it.”

“Thank you,” Ben said. “Those are certainly good thoughts. But don’t you think the question still remains, ‘Since he was never tested, is there any legal proof that Gene De Wijk was drunk?’”

Ben waited for an answer, but Officer Martel could only shrug, and Amanda couldn’t object. So Ben moved forward.

“Also, does ‘loud... obnoxious... insistent behavior...’ and I’m obviously quoting you here,” Ben said, “... actually mean Mr. De Wijk was drunk?”

Again, Officer Martel couldn’t answer, and Dorothy indicated to the court recorder that this should be written down. Ben waited then took another step.

“Also, could what you call ‘insistent’ really just be the remarks of an intelligent man... one used to being in charge... suddenly having his seemingly reasonable questions ignored?”

Officer Martel again nodded. “Yes.”

“So isn’t this possibly a case of your opinion and Officer Jarl’s against Mr. De Wijk’s and Mr. Herrick’s?”

This time Amanda did object. “Calling for a conclusion, your honor.”

Ben simply said “Withdrawn.” But he pushed on.

“Now it is true that no one has ever claimed that Mr. Herrick was drunk?”

Officer Martel had to think about that. Then he acknowledged, “I believe you’re right.”

“And, if you remember... you’ve testified only that ‘you smelled alcohol in the car’ and ‘heavy alcohol on Mr. De Wijk’s breath.’”

“I did.”

“But did you smell anything on Mr. Herrick’s breath? Or ever give him... or even offer him... a blood test? On the street or in the police station?”

“No,” Officer Martel admitted, not seeming very happy.

“So if Mr. Herrick wasn’t drunk, does that mean you trust his opinion?”

Officer Martel took a moment to consider. “Mostly,” he offered. “Yes.”

“Then can you explain why you don’t believe Gene De Wijk’s opinion... which in every important way agrees with Shaun Herrick’s?”

Officer Martel smiled. “Well, if Mr. Herrick was drunk... and his memory was undependable... and I’m only saying ‘if’ here... then he was very polite about it. He didn’t cause Officer Jarl and me any of the trouble Mr. De Wijk did. Also, he didn’t testify very long on the stand... so he didn’t go into the kind of details Mr. De Wijk did. So it may be that they’re only generally agreeing. You sure didn’t ask him the kinds of tough questions you’ve been putting to me.” He smiled again.

Ben simply nodded. “Is it possible the reason Mr. De Wijk could be so specific in his answers is he’s been thinking about them... and this case... for nine-and-a-half months? Where three days ago... at the jury selection... you couldn’t even remember who he was?”

Amanda rightly objected to that, and Ben immediately withdrew the question.

“Could you remember who Mr. De Wijk was?” he asked again.

“No,” Officer Martel admitted.

“And did I have to remind you in court?”

“Yes.” He paused. “But Mr. De Wijk could also be much too focused on what had happened. Or what he thought had happened. And he could be coming up with false details under the effect of hypnosis.”

Ben knew Officer Martel was struggling not to look completely foolish in front of the jury, and he didn’t need to volunteer what he’d just said. Amanda certainly didn’t look pleased. But Ben couldn’t pull back.

“Only if you still think hypnosis is a party trick,” he went on. “And not an accredited doctor’s tool.” He paused for just a moment. “Do you?”

Officer Martel thought again, then conceded. “No.”

And Ben turned to Judge Washington.

“I have no further questions, your honor.”