12 Hours - 7. Chapter 7

Ben stood in front of his desk in a small courtroom in the Van Nuys courthouse. It was the same courthouse but not the same room where Gene had been arraigned, and – soon after – his case had been dismissed eight-and-a-half months before. After a moment of acknowledging Dorothy Washington – the judge – Amanda Aguilar – the city attorney – and the jury, Ben began.

“Your honor.” He nodded to Dorothy – who he’d appeared in front of once before. “Counsel.” He nodded at Amanda Aguilar – who he largely knew through the pre-trial work. “Members of the jury.” He smiled at them generally and made sure to make eye contact with five or six of the people sitting before him. He’d seen them all at the jury selection. “My name is Ben Carleson.”

He didn’t apologize for his young age or make any jokes about it. But he knew that, despite his excellent New York suit and well-cut hair, he looked like he was still in his first year of law school – if that. Fortunately, Amanda didn’t look much older, and he had to admit she was as well dressed.

“This is a lawsuit for court costs and court costs alone,” he said. He let that penetrate. “The suit is based on, one... a violation of civil rights. Two... assault and battery. Three... false imprisonment. And finally, four... malicious prosecution coming from the arrest of Gene De Wijk by two police officers on September 3rd, 1985.”

Ben knew that was a lot to absorb, so he simplified. “Basically, Gene doesn’t want any money. He wants to make sure that this never happens to anyone again.”

He let that sink in, too, till he saw some nods. Then he loaded on the necessary facts.

“On September 2, 1985, at approximately 11:30 in the evening, Gene De Wijk, a former Navy man and now a computer engineer, stopped by his old neighborhood bar, where he had a couple of light beers. He left a few hours later with a friend... a local surfer... Shaun Herrick, who was driving Gene’s car. Although Shaun was driving properly, he was stopped by the police on Laurel Canyon Boulevard, just north of Valleyheart, in Van Nuys. That’s not very far from here. Then... for no reason, since Gene was only a passenger, and there were no outstanding charges against him... Gene was handcuffed without being told why. And at no time... either at the point of the arrest or after being taken to the police station... was Gene read his rights.”

Ben paused there, again making eye contact with several more jury members. Then he went on.

“After being handcuffed, Gene was struck in the stomach and thrown to the ground by one of the two officers, sustaining body injuries. And only after a half-hour was he finally told he was being arrested for being drunk. When he immediately asked for a blood test, he was first ignored and then refused.”

Ben paused again. He was in no hurry.

“Gene was then taken to the North Hollywood police station... again not far from here... where he asked for but was repeatedly refused permission to see or speak to his attorney. That was me. Not long after... also for no reason... one of the officers put Gene in a hammerlock, choking him unconsciousness, and this resulted in Gene’s losing control of both his bowels and bladder.”

Ben knew those words wouldn’t go down easy. But of all the others he’d considered, these seemed the most straight forward.

“Gene was next thrown into a cell... without being allowed to wash. Later... still given no chance to contact his lawyer... he was charged with malicious mischief. This was based solely on his accidentally brushing one of his hands on his tiny cell wall... after his fingers had touched his wet shorts. That unfair charge was in addition to the questionable one of his being drunk.”

Ben could have paused there, but he just went on – adding on the discrepancies.

“As a result of what the police officers did, Gene suffered a number of injuries. These included cuts... abrasions... and bruises... on his face... neck... and shoulders. Also, muscle strain to his neck and shoulders and injury to his throat... which caused him difficulty in swallowing. In addition, he suffered humiliation... which resulted in both interrupted sleep and psychological distress. Then... at the time of his trial two weeks later... as I’ve said... the criminal charges were immediately dismissed.”

He paused there. He really wanted to repeat “Immediately dismissed” but hoped his pauses would carry the same weight.

“As further result of his injuries, Gene lost time from work. But... thanks to his generous and understanding employer... who’d already brought Gene from the East Coast when his company relocated... Gene didn’t lose any pay. But he incurred... and will continue to build... expenses for medical and psychological treatment. He’s personally absorbed these and will go on doing so.”

Ben simply nodded there, as though that was the decision of any right-thinking individual.

“In January of this year... 1986... Gene filed a claim against the city. As in this suit, he only asked for court costs.... And he only asked for that because he’d was astonished when... last September... after the fraudulent criminal charges against him were dismissed... he’d been charged one-hundred dollars for the hearing. Fortunately, he could to pay this, but other people can’t. And... again... Gene wants to make sure that this never happens to anyone else.” Ben paused there but only for a moment. “Unfortunately... within a month... the claim was denied.” He shook his head slightly. “Which led directly here.”

He looked very serious.

“At that time,” he continued, “and still today... the city of Los Angeles contests Gene’s claim. They insist the police officers acted reasonably... and legally... and within the range of their duties. Also, that Gene acted wrongfully in resisting the officers. Further, the city states that it’s immune from all liability.”

Ben waited for all that to be absorbed, again keeping eye contact with several members of the jury.

“There are four issues here,” he began to summarize.

“One. Did the police officers have probable cause to arrest Gene?”

“Two. In arresting Gene, did the police officers act reasonably and legally?”

“Three. Did Gene in any way resist arrest?”

“Four. Did Gene suffer physical and emotional injuries as a result of what the police officers did?”

This time as he paused, Ben looked at Dorothy and then at Amanda. Then he returned to the jury

“That’s it,” he said, smiling but staying intent. “It’s not complicated... as Gene... and six witnesses... will make very clear.”

He hesitated one last time before casually adding.

“Now you may hear some talk of psychology... and some of therapeutic hypnosis... and this isn’t always easy to understand.” He smiled slightly. “When I was a student... any time we wandered into science... I needed to read everything at least twice... But let me assure you... I’ll explain whatever you need... And Counsel will...” He nodded to Amanda. “And if we don’t do that clearly enough...” he smiled at Dorothy, “Judge Washington will gently step in and remind us.”

He smiled one last time and made friendly eye contact with everyone. Then he sat down.

---

Amanda Aguilar, one of the staff defense attorneys for the City of Los Angeles, felt ready to take on what she felt was an unnecessary lawsuit. She didn’t always understand or agree with decisions made by members of the police department – or their supervisors – and she knew the department certainly wasn’t monolithic. But this time, she felt that the two officers had easily stayed within their limits and acted within their rights. In her opening statement, she intended to make that clear.

After introducing herself and acknowledging Dorothy, the jury, and Ben, she began: “As Mr. Carleson kindly pointed out for us, this is a very simple case. The police were doing their job.”

“Late at night... at nearly the end of a three-day weekend... on a holiday well-known for festive celebrations... a car is driving erratically.”

“The police pull it over, and... unasked... the passenger gets out.”

“He’s drunk... disorderly... and disrespectful. The driver only has a learner’s permit.”

“Both men are taken into custody and then driven to the nearby police station. And... promptly... early the next afternoon... they’re given fair hearings. The driver is released, and a date is set for the passenger’s arraignment.”

“There is no case here.”

“The police were doing their job.”

Amanda studied the jury. She was done. She nodded at each of the jury members. Smiled at Judge Washington. And again acknowledged Ben. Then she sat at her desk.