Authors: Jr Hubert Selby
Q
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I see. And I assume it was dark that time of the morning?
A
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Yes. It was.
Q
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And how fast were you driving?
A
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Approximately 25 m.p.h.
Q
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I see. About 25 m.p.h. And at this point is Hill St. a 1- or 2-lane street?
A
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1 lane.
Q
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And were there cars parked on the street?
A
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Yes.
Q
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I see. And approximately how far from the intersection were you when you noticed someone in the doorway of Kramers Jewelry store?
A
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Well, we were fairly close to the intersection.
Q
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Well, just how close is fairly close. 100 feet, 200 feet, 300 feet. Just how close were you?
A
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Well, I guess we were a few hundred feet away from the intersection.
Q
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I see. A few hundred feet away. I refer you to the diagram of the intersection on the blackboard and ask you to indicate how close you were to the intersection. (Defense counsel steps to blackboard and points with finger.) Were you here, or here, or just where were you?
A
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Just about there.
Q
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Here?
A
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No. Closer to the intersection.
Q
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About here?
A
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Yes. About there. Or maybe even a little closer.
Q
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I see. You were this close to the intersection and not further away from it?
A
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Thats right. We were at least that close to Hill Ave.
Q
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I see. In other words you were almost at the intersection itself when you suddenly noticed someone in the doorway of Kramers Jewelry store?
A
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Yes.
Q
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You are absolutely certain that you were that close to Hill Ave. and not a few hundred feet further south of the intersection?
A
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Thats right.
Q
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Theres no doubt whatsoever in your mind as to how close you were to Hill Ave.?
A
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I said so, didnt I?
COUNSEL
Just answer the question yes or no. Theres no need to shout. I can hear you plainly enough.
A
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Yes. Im certain.
Q
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And how fast were you going?
A
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About 25 m.p.h. Ive already told you that.
Q
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And is there a traffic light at that intersection?
A
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Yes.
Q
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And what color was the light facing you?
A
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It was red.
Q
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Are you certain of that?
A
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Yes, Im sure.
Q
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Are you certain youre not thinking of another intersection, perhaps the one you had just driven through?
A
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Yes, Im certain.
Q
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I see. And you say this was about 2:35
A.M
?
A
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Yes.
Q
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And what time did you start work that night?
A
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We checked our car out at 9:03
P
.
M
.
Q
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And youre certain about that time?
A
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Of course I am. You can check the records if you dont believe me.
Q
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I dont think that will be necessary. But thank you for the suggestion. In other words you had been driving around your assigned area since 9:03
P
.
M
., which would be a total of 5 hours and 32 minutes up until the time you saw someone in the doorway of Kramers Jewelry store?
A
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Thats right.
Q
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That seems like a long time to just be driving around. Dont you get a little bored or a little hungry?
A
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Well, naturally we ate.
Q
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O, I see. So you werent just driving around all that time?
A
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Well, of course not. We ate between 12 and 12:30.
Q
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Good, Im glad you did not go all night without eating. And how long have you been assigned to this particular shift?
A
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For 6 months.
Q
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And how long have you been a member of the force?
A
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3 and ½ years.
Q
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And all the time you have been assigned to driving a patrol car?
A
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Thats right.
Q
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And you had been driving without interruption from 12:30 to 2:35?
A
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Yes, yes. I said so.
COUNSEL
Please, just answer the questions.
WITNESS
Well, I dont see what all this has to do with anything—
COURT
The witness will refrain from arguing with counsel and just answer the questions
.
COUNSEL
Thank you, your honor
.
Q
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So you were driving from 9:03 until 2:35, with the exception of the half-hour from 12 until 12:30, and, I should think it safe to assume, you crossed many intersections with traffic lights during those hours. Is that correct?
A
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Yes
.
Q
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How many intersections with traffic lights would you say you crossed that night?
A
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I dont know
.
Q
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Well, about how many would you say. 50? 100? 500?
A
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O, I dont know, maybe 100. I never thought of it
.
Q
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Naturally. Thats understandable. When a person drives as much as you do I imagine it would be very hard to say how many traffic lights they encounter during the course of a day or night
.
A
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Yes. Thats right
.
Q
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And I would imagine, at least its been my experience, that one looks pretty much the same as another. If you have seen one traffic light I guess you have seen them all?
A
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Yes. Theyre all pretty much the same
.
Q
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But you do distinctly remember that this particular traffic light was green when you approached it?
A
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No. No. It was red. Not green
.
Q
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Excuse me. Thats right. You did say it was red. You have a remarkable memory. You drive around the city night after night, month after month and are able to remember whether or not one particular traffic light was red or green, and not only that, you can remember even though at the time you saw something suspicious on the streets?
A
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Thats right.
Q
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I see. You notice someone in the doorway of a jewelry store at 2:35 in the morning and at the same time you are able to remember whether or not one traffic light, out of thousands, is red or green at the same time. That is truly remarkable.
A
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Im trained to look for things like that. It makes no difference whether its day or night.
Q
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Thats wonderful. And would you be kind enough to tell me, and the court, just how you can be so positive.
A
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Because we had to stop before crossing Hill Ave., in case there was any traffic. We didnt want to run into a vehicle traveling on Hill Ave.
Q
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Well, I think that is very commendable. And just who was driving at the time?
A
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I was. Thats why Im positive about the light being red.
Q
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I see. So when you drive you pay close attention to the traffic lights, and the speed you are traveling, so you wont cause an accident.
A
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Thats right. Its part of our training.
Q
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Fine. But if you were paying such close attention to the speed at which you were traveling, the traffic lights, and the traffic on the street, how were you able to also notice someone in a darkened doorway hundreds of feet away, notice that there was something suspicious, and study him so carefully that you were able to make a positive identification. Will you please answer that? I for one am deeply interested in how you managed to accomplish all this.
A
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Because it wasnt all twisted up like you make it sound.
COUNSEL
Please, answer the question.
WITNESS
Im gonna answer the damn question if youll keep your mouth shut for a damned minute
—
COURT
The witness will not engage in a verbal contest with counsel and if I hear another outburst like that I/ll hold you in contempt of court. Now answer the question.
COUNSEL
Thank you, your honor.
A
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It was my partner who noticed someone in the doorway and he told me about it.
Q
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And then what did you do?
A
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I brought the car to a stop, made sure there was no on-coming traffic, then crossed Hill Ave., parked, and got out of the car.
Q
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I see. You both got out together?
A
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No. Fred jumped out right away, before the car had come to a complete stop.
Q
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And how much later was it before you joined him?
A
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I dont know exactly. A few seconds I guess.
Q
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I see. So Fred got out on the corner and was facing east, and you got out the other side and went around the car to join him. Is that correct?