12 Hours - 11. Chapter 11

“When you arrived at the police station,” Amanda asked Gene, “did anything unusual occur as you and Mr. Herrick were taken from the car?”

Ben thought to object, on the grounds that there was no way Gene would know what was “usual.” But it was minor, so he let it go.

“No,” Gene said. “Nothing happened.”

“Were you taken inside the station?”

“Yes.”

“Were you taken to the booking window?”

“I guess that’s what it was.”

“Were your photographs and fingerprints taken?”

“Not yet... First, we went to a window where our information was typed... or some information was typed.”

“Typical information that they asked you? Name? Address?”

“Yes... Then we were taken to a window where property was removed.”

“Anything in your pockets?”

“Yes. My keys, wallet, some loose change, and a pocket comb.”

“While you gave this information and your property was secured, did anything occur between you, Officer Jarl, Officer Martel, or any other officers involved in this process?”

“Yes... I again asked to get a blood test and speak to my lawyer.”

“Who did you ask?”

“Everyone.... any officer I saw.”

“Was there a response?”

“Officer Jarl said, ‘Shut up!’ It was almost like, ‘How dare you open your mouth! Shut up!’ Then he came behind me, put his arm around my throat, and started choking me. And he continued to choke and choke and pushed me to the floor until I passed out.”

Again, there was some reaction in the jury box. But Ben’s head shake cautioned Gene not to look.

“Do you know how long you were unconscious?” Amanda asked.

“An instant or two.”

“A couple of seconds?”

“Yes.”

“When you came to, were you still on the floor?”

“Yes... lying down.”

“Face down?”

“No... on my back. He just kept choking me and pulling me down and backwards... at the same time pushing my head forward.”

“When you came to, did you immediately stand?”

“No... I felt this cold chill. And I continued to feel it.”

“Where did you feel it.”

“Throughout my whole body... it felt like the blood had stopped. And I got very cold.”

“When did you stand up?”

“I was pulled up off the floor as I heard a cell door open.”

“Do you remember who assisted you up?”

“Officer Jarl.”

“Was he helped by anyone else?”

“To the best of my memory, he was pulling me alone.”

“Did he walk you to a cell?”

“He pushed me into a cell... it was right there. Everything was right there. There was a hallway on one side, and there was a window, and it was all right there.”

“Was anyone else in the cell?”

“No.”

“Before you were placed in the cell, did any other officer touch you?”

“Well, the handcuffs were taken off me.”

“By Officer Jarl?”

“Probably... By someone behind me.”

“As you were placed in the cell?”

“As I was pushed into it.”

“After you were in the cell, did anyone else come in?”

“No.”

“During this whole time, did Officer Martel ever involve himself with you?”

“No... And I don’t remember seeing either of them again.”

“Never?”

“Not until they were in this courtroom.”

“And what happened next?”

“I started calling for help.”

“What was the response?”

“There was none... nothing. Everyone ignored me.”

“Could you see anyone?”

“No... but there must have been people nearby... as I said, everything was right there. And at that point, I reached down... reached behind me... and realized I was wet.”

“In what way?”

“It seems I’d lost control... of my bowels and bladder... I couldn’t believe it. And I guess... reflexively... from what I was touching... I started drying my hand on the wall.”

“When did this accident happen?”

“When I was choked... Or when I passed out.”

“For just a few seconds?”

“The choking was longer... it lasted longer.”

“Did you feel anything before you were placed in the cell?”

“The chill.... I knew something was wrong. My whole body felt funny.”

“But you didn’t notice the wetness until you were in the cell?”

“No... Then I noticed it immediately... maybe because my wrists weren’t cuffed. So I could reach back.”

“And you were released from the handcuffs as you were placed in the cell?”

“That’s correct.”

“When you were calling for help, do you remember what you said?”

“‘Help me. Help me please. Please help me.’ I just kept repeating that, over and over. I thought someone might hear... whether it was a policeman or someone else. I didn’t care.”

“Did anyone respond?”

“No.”

“When you wiped your hands on the wall, did anyone note that?”

“Not at the time.”

“And all during this time, did any of the officers notice that your pants were wet?”

“My cut-offs?”

“Yes.”

“No.”

“Were they possibly still wet from the pool?”

Gene smiled. “That was hours before. I probably wasn’t swimming much after six... when it began to get cool.”

“When was it noticed?”

“I don’t know... When I found out they knew, it was after they’d taken me out of that cell and put me in the holding tank... or some kind of tank where a telephone was. And while I was calling... trying to reach my lawyer... the jailer...” Gene hesitated, to back up. “Well, what happened is I was on the phone, and I reached into my pocket to get the piece of paper so I could read the charges... And as I pulled that out, the jailer said, ‘Let me have that.’ And he reached through the bars and took the paper, and then he handed me another one. And this one said, ‘Malicious mischief. Defacing city property.’”

“And no one told you before that... no one in the police station... that damage had been noted on the walls?”

“No... No... No one said anything.”

“Just the jailer?”

“Yes... He said, ‘You’d be out of here now if you hadn’t done that.’”

“Was anything else said to you?”

“I questioned why there was a $500 bail. And he again said, ‘Well, you’d be out of here now if you hadn’t rubbed all that on the walls.’ And I said, ‘Well, if he hadn’t choked me, nothing would’ve happened.’”

“What did he say to that?”

“He didn’t respond.”

“What time were you released?”

“I wasn’t... I was held until morning and taken to the arraignment court.”

“That was on September 3rd, 1985. Correct?”

“Yes.”

“You were initially arrested at approximately 1:30 AM on September 3rd, 1985.”

“Yes.”

“And what time in the morning of September 3rd, 1985 were you taken to the arraignment court?”

“I was taken out of the North Hollywood police station around eight o’clock in the morning. We passed a clock on the wall.”

“Were you brought before a judge?”

“No... I was taken by a bus in chains that were wrapped around my waist... and a number of stops were made. Finally, they stopped and put us in another large tank.”

“Were you at the county jail?”

“I don’t know where that is.”

“On Bauchet Street.”

“I’m not familiar with that name... I’ve never even heard of the street. I was taken to the Van Nuys Courthouse.”

“And then you were taken before a judge?”

“No... As I said, we were put in this large tank... with a number of other people who were being brought in. There must’ve been fifteen or twenty people in there.”

“Do you know at approximately what time you were brought before a judge?”

“The first time was before lunch. But I don’t remember seeing a clock.”

“And you were advised of the charges against you?”

“No... The first time the whole group was called into the court room, and we were put into the juror’s box and told to sit. And then the judge stood behind the judge’s desk and started reading our rights. And he continued to read without actually addressing anyone. He was doing a lot of reading out loud.”

“When were you told what you were charged with?

“Well, I had that piece of paper... back at the jail.”

“When did you go before the judge to be advised of the charges... and be asked how you plead?”

“That was after I asked to speak to the public defender... I was still having trouble getting through to Mr. Carleson. It turned out he was away for the weekend.”

Ben involuntarily smiled. For him, it had been a very good holiday.

“When were you brought before the court to plead guilty or not guilty to the charges?”

“That was right after lunch... just about one o’clock in the afternoon.”

“After you were advised and after you plead, when were you released?”

“About one-thirty. Twelve hours after I was arrested.”

“On September 3, 1985?”

“Yes... And that was after I asked to be released on my own reconnaissance, and the judge said the sheriff’s department refused to do that.”

“Were you given a reason?”

“Because I didn’t want them to notify my employer... So the judge said I’d have to post bond or bail of $500 in order to be released.”

“Did you?”

“No... I said I wanted to be released in my own reconnaissance... that I was a homeowner.”

“And were you released?”

“Only after I gave permission to contact my employer. The judge refused to release me until I gave that permission.”

“So you were released on September 3, 1985?”

“Yes.”

“And did you receive medical attention for your injuries?”

“Not from the police... no. I went to my own doctor.”

“That afternoon?”

“Almost immediately. I went home first to change clothes.”

“And who treated you?”

“Dr. Kornik at the Valley Medical Group.”

“Did you receive treatment from any other medical doctor?”

“No.”

“How long did Dr. Kornik’s treatment last?”

“Two visits... The second was a follow-up.”

“Both in September 1985?”

“Yes.”

“What injuries did he treat you for?”

“To my eye... And my shoulder and my hip. I also treated myself, when I first got home. I couldn’t believe what I saw when I looked in the mirror.”

“After September 1985, did you see or receive any medical treatment for your injuries?”

“Well, through Dr. Kornik, I went for a brain scan... No, not a brain scan... I forget what the correct terminology is. But it’s an analysis of your brain waves. It was the recommendation of Dr. Kornik.”

“Did you get this at the Valley Medical Group offices?”

“No. Parkwood Hospital.”

“Was there a medical recommendation?”

“No... Fortunately, I was fine.”

“Was there any other treatment for the injuries you received on September 3rd, 1985?”

“Yes. I went to a psychologist because of...” He wasn’t sure how he wanted to put this. “It’s a... fear.”

“Did you receive any further medical treatment for your injuries?”

“Well, there were some after effects. I started developing rashes. And when I went to Dr.

Kornik to treat those, he decided I should to a psychologist.”

“Other than the rashes, did you have any other physical complaints?”

“Just anxiety... Nervousness.”

“Again, physical complaints, Mr. De Wijk.”

“No... But I’m still under the treatment of Dr. Jessica Seong.”

“Are you receiving psychoanalysis or psychiatric help?”

“Dr. Seong is a psychologist.”

“Has she been treating you from the beginning?”

“Kind of... As you know, I first saw her for help related to my arrest. Then... when Dr. Kornik suggested my seeing a psychologist... I went back to Dr. Seong. She was well-recommended.”

“What emotional problems did you have at the time?”

“Mainly a nervousness and anxiety about being in the same place as police officers.”

“You didn’t have this before?”

“No... it’s just the amount of hate I sensed during my arrest. I really felt like I was dead. I imagined Officer Jarl would’ve killed me.”

“You have a hatred of police officers?”

“Not hatred... Fear.”

“Of every officer you see?”

“I’m afraid of reprisals.”

“Have you been physically threatened by any police officers since your arrest?”

“No.”

“Have you been in physical contact with any police officers?”

“No.”

“Are there any other emotional problems you have as a result of this incident?”

“Just this fear of reprisals. I’d like to see this practice stopped.”

“What practice?”

“The choking. My lawyer, Ben Carleson, filed a complaint with the city about the police department, and we got nowhere. That’s why we went ahead with this lawsuit.”

“Were there any other personal injuries?”

“Just the amount of time and money the treatment has taken away from my work.”

“Did you miss work because of it?”

“About three days, if you add it all up. And some bills keep repeating.”

“For medical treatment?”

“No. For my weekly time with Dr. Seong.”

“Are you claiming loss of earnings?”

“That’s less important than stopping the choking.”

“Then you are claiming loss of earnings?”

“We did in the complaint... just to cover my medical and psychological expenses. No damages. No legal fees. That wasn’t the point and isn’t now. Though the $100 in court costs that were demanded to dismiss my case seemed like extortion.”

“In the criminal charges?”

“Yes... charges that were levied against me and never should’ve been. And it seemed unfair to have to pay for that.”

“But the court quickly dismissed the case. Isn’t that correct?”

At this point, Gene needed help, and Ben realized that and stood. “Your honor, this is all a matter of record. There seems no reason to go over it.”

Before Dorothy could speak, Amanda simply said, “I withdraw the question, your honor.”

So Ben sat down, and Amanda went on. But Gene remained tense.

“Mr. De Wijk,” Amanda asked. “Before this incident, did you have any prior experiences with police officers?”

Gene wasn’t sure he needed to answer that. But Ben nodded.

“Just the usual speeding tickets... no more than a handful over nearly twenty years.”

“You never had an occasion where a police officer thought you were doing wrong?”

“Not beyond really occasional speeding.”

“Aside from minor traffic violations, have you had any other unpleasant occasions with police officers?”

“No.”

“You’ve never been arrested by a police officer prior to September 3rd 1985?”

“No.”

“Have you had any situations where you’ve had disagreements with police officers which would lead you to believe you were wrongfully treated?”

“Your honor,” Ben interrupted. “This is going to state of mind and is asking for a narrative answer.”

Amanda simply told Dorothy – and Ben – “If Mr. De Wijk had any prior experience and problems with police officers, the court has a right to know.”

Dorothy thought for a moment and then turned to Gene.

“Mr. De Wijk. If you had any unpleasant experiences with police officers in the past, and it’s discovered that this is the case, and you’ve answered at this time that you’ve not had any such experiences, I want you to understand that you cannot make any changes to your present answers. I’m advising you and your attorney, Mr. Carleson, of that. Do you clearly understand this?”

Gene looked at Ben, who nodded. So Gene said, “Yes, your honor... I do. And I’m telling the truth.”

“Good,” Dorothy said. And she turned back to Amanda.

Amanda went on. “I have just a few more questions, Mr. De Wijk.”

Gene nodded.

“When you were first stopped, were you in any way antagonistic toward the police officers.”

Gene looked at Ben, who again nodded.

“I think I was more amazed than anything,” Gene answered.

“So you didn’t show antagonism?”

“No.”

“Did you... in any way... indicate you were going to resist?”

“No.”

“Did you do anything that could be considered resisting? This could be physical or verbal?”

Ben stood. “You honor, I need a little clarification here. Is counsel saying that resistance could be considered as only words?”

Dorothy turned to Amanda, who replied, “I’m asking if Mr. De Wijk showed any kind of resistance to the officer saying, ‘I’m going to handcuff you.’”

And Dorothy said, “That seems fair.”

Gene quickly answered. “The thing is he never said anything. He threw me on the ground and handcuffed me before I even knew what was happening.”

“And you never said anything to provoke him?”

Ben was about to object again, as supposition, but Gene quickly replied, “No, no, no,” and his answer seemed so heartfelt, Ben let it stand.

Amanda looked at the almost stricken Gene and knew she couldn’t possibly look good to the jury if she continued this. So she quietly said, “I have no further questions, your honor.”

Dorothy smiled. “Then you may step down, Mr. De Wijk. And thank you.”

It all ended so abruptly that Gene wasn’t sure what to think. Still, he worried that he’d let Ben down and wondered if he’d gotten everything in. But as he walked back to Ben’s table, he noticed Ben was smiling.