Authors: Jr Hubert Selby
Q
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I see. And you kept your eyes on the doorway even though your head was jerking back and forth?
A
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Yes, I did. I am trained to do that.
Q
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I congratulate you on your powers of concentration. Now, I would like to draw your attention to the diagram of the intersection of Hill and Hill. According to the testimony given by you and your partner, your car was approximately here when you noticed something suspicious in the doorway. Is that correct?
A
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Yes.
Q
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And there were cars parked here, and here, and here?
A
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Yes.
Q
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I would like also to draw your attention to the position of the street lights. One here, on this corner a few feet from your car, one here on the opposite corner and one here. And here is Kramers Jewelry store. As you can see, Kramers is almost exactly in the middle of those 2 street lights, except that the front of the store is set back about 10 feet from the curb. You will also note that there is an aluminum canopy measuring 8 feet by 4 feet over the doorway of Kramers Jewelry store. Is that how you remember it?
A
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Yes.
Q
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Good. As a matter of fact thats wonderful. The training program you underwent must be remarkable. Youre driving 25 miles per hour, notice something in a darkened doorway, have your head jerked back and forth by the sudden stopping and starting of the automobile, are able to identify the suspicious movement in this darkened doorway a hundred yards away as that made by a male caucasian, seeing all this while inside a moving vehicle and being able to see through the many parked vehicles and at the same time, all in a matter of 2 or 3 seconds, you remember the position of the street lights and the size of the canopy over the doorway. I think that is remarkable. You must have graduated at the top of your training class. Just where did you graduate in your class?
A
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I dont remember.
Q
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You dont remember. You, who have been so incredibly trained so as to be able to accomplish these incredible feats of observation and memory, and you do not remember where you were in your class? Come, come now. Do not be so modest.
A
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Well, I think maybe it was around 30 or so.
Q
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30 or so? And how many were in that class?
A
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Im not sure. Maybe around 50.
Q
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I see. Maybe around 30 or so, and maybe around 50 or so. In other words around the bottom 10%. Do you think maybe that might be accurate?
A
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Well, I dont know. I guess so.
Q
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I am really surprised. As remarkable as you are and you graduated in the bottom 10%. If that is the case I wonder what the top 10% are like. They must be absolute geniuses.
COURT
Order. Order in the court.
Q
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Now, to get back to the diagram. The doorway to Kramers Jewelry store is in the middle of the street lights, set back about 10 feet from the curb and has an 8 by 4 foot aluminum canopy over it which means there is less illumination in this area than in either direction to the left or right. In addition, there is the additional shadow of the canopy making the darkness almost impenetrable and you are sitting in an automobile under a street light which means you are looking from the light into the darkness, through the vehicles parked in front of the store and yet can definitely say, while your head is jerking back and forth, that you saw a male caucasian acting suspiciously in that doorway. Remarkable. Absolutely remarkable.
A
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I didnt say I saw a male caucasian in the doorway.
Q
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No, you did not. But you did arrest a male caucasian?
A
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Well, you were on the street in the vicinity of the store.
Q
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O, I
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A
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And you were the only one there.
Q
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How do you know I was the only one there? Did you check the entire area, or even the immediate area?
A
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Well, no. We couldnt.
Q
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Why not?
A
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There was no need to. We knew that the b and e/s were committed by only 1 individual and we already had our suspect.
Q
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Really. Now that is very interesting. You knew that there was only 1 individual committing the b and e/s as you call them. And just how was this determined with such certainty? Did he tell you or was the conclusion a product of your magnificent training? But we will not bother pursuing that. It is immaterial. We will assume that you were told that it was only 1 individual you were looking for. And I assume that you were also told that it was a male caucasian.
A
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We were told that it was probably a man. Thats all.
Q
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Well, I wont bother pursuing the probability, for now. What I am interested in right now is how you knew the defendant was the only man in the area?
A
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You were the only one I saw.
Q
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I see. I was the only one you saw. That does make a difference, doesnt it? In other words you cannot say that there was no other individual in the area, but only I was the only man you saw. Is that correct?
A
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Well, yes, I guess so. But if there was anyone else there Im sure I would have seen him.
Q
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Well, even considering how well trained you are, I think that it is open to question whether or not you would have seen someone who was hiding in any one of the many darkened areas in the vicinity. But I would like to ask you now exactly what happened when you got out of the patrol car?
A
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I saw you walking toward me and approached you and asked you for your identification.
Q
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Just one minute please. Lets back up just a bit. How far away from the defendant were you when you got out of the patrol car?
A
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About 10 feet.
Q
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I see. 10 feet. And he was walking toward you?
A
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Yes.
Q
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Not away from you, but toward you? Didnt this make you suspicious?
A
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No. Why should it?
Q
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Well, if you were told to look for a man who had been committing crimes in your area and you noticed something suspicious in a darkened doorway of a jewelry store and you knew that this was the man whom you had seen in the doorway, why werent you alarmed when you saw him walking toward you? How could you know he wouldnt suddenly take out a gun and shoot you? Dont criminals usually run away from the police rather than walk up to them?
A
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Well, it all depends.
Q
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On what?
A
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Well, whether or not they think they can talk their way out of it.
Q
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I see. Sort of brazen their way out of being arrested, is that the idea?
A
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Yes.
Q
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Well, I imagine that is possible. Now, as I remember your testimony, you got out of the car, approached the defendant and asked for his identification?
A
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Yes.
Q
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Fine. And as I remember the testimony of your partner, he stated that when he got out and joined you that you and the defendant were standing under the street light, talking, and that neither one of you had unholstered his gun or had in any way touched the defendant?
A
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Thats right. There was no violation of constitutional rights.
COUNSEL
Thank you. I appreciate your informing the court of that. I had no idea you were so well versed in constitutional law, but I keep forgetting the marvelous training you had and how well you did in your class.
COURT
Order. Order in the court. We cannot have this trial continually interrupted by laughter. Proceed counselor.
COUNSEL
Thank you, your honor.
Q
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And because of your training you were able to keep the defendant in view all the time the car was crossing the intersection although you had to be able to do this with bright light in your eyes while he was in shadows and with parked cars obstructing your view, and be absolutely certain that there was not anyone else in the area who might be hiding or who may have run away from the patrol car when it was seen. Be certain enough that this was the man you had seen acting suspiciously in the darkened doorway of Kramers Jewelry store, if indeed, anyone was acting suspiciously in the darkened doorway of Kramers Jewelry store, know with certainty that this was the man and was one of the few, very few, criminals who do not run away from the police, but walk up to them and brazenly talk their way out of being arrested, you knew all this with certainty, and yet you also knew that this man was unarmed, even though you suspected him of committing many crimes in the area, you knew he was unarmed and was not going to attempt to harm you in any way. You knew this with such deep conviction that you stood on the street corner, under a street light, fully illuminated, as he walked out of the shadows, a man you believed to be a hardened criminal walked out of the shadows, and you just stood there and asked him if you might please see his identification. You didnt unholster your gun. Did not search him for a weapon. Did not touch him in any way. Did not so much as say, excuse me sir, but do you have a gun hidden that you might suddenly take out and shoot us as soon as my partner joins me here under the light? Do you expect this court to believe that story? Do you honestly believe that you can tell a story like that in this court and expect to be believed? You, who are so well trained you can tell the difference between a shadow and a hardened criminal from a hundred yards away in the dark of night? I am sorry. But I for one cannot, with the wildest stretch of the imagination, believe such a story.
A
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Its the truth. We didnt—
Q
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The truth? May I remind you that you are under oath?
A
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I dont need you to remind me of that.
Q
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Good. I am glad you do not have to be reminded about something. Or are you going to come up with another, I didnt mean?
A
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It didnt happen the way you said.
Q
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The way I said? I did not say it happened in any particular way. You are the one who said you stood under a street light while a man whom you believed to be a hardened criminal, whom you had caught in what you believed to be a criminal act, walked toward you and you waited for him with your gun in your holster and asked him if he would please show you his identification.
A
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I didnt mean I just
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Q
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You didnt mean. Not again. Just what is it you didnt mean this time?
A
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I didnt mean I just stood there with my arms folded. I walked over to him
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Q
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Is that when you took out your gun?
A
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Yes – no. I mean
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