Authors: Jr Hubert Selby
Q
.
Well, is it yes or no? When did you take out your gun?
A
.
He made a suspicious move and I took out my gun.
Q
.
What sort of suspicious move?
A
.
As if to pull out a gun.
Q
.
Now that is interesting. Would you mind explaining to the court exactly how a person moves when he is about to take out a gun? I am sure we would all like to know.
A
.
I cant explain it exactly.
Q
.
Why not? You know it so well there is no doubt in your mind when you see this particular movement. Why cant you explain it?
A
.
Its just the way a person moves.
Q
.
O, I see. You can only recognize it if you have been well trained, like you?
A
.
He reached for his breast pocket.
Q
.
He reached for his breast pocket? You mean like this? Is that the movement that means someone is going to take out a gun, and use it?
A
.
Well, I wasnt going to take any chances. More than one officer has been killed like that.
Q
.
But didnt you ask him for his identification?
A
.
Yes.
Q
.
Then why didnt you assume that that was what he was reaching for?
A
.
It was the way he moved, I guess. I dont know. Anyway, I wasnt going to take any chances.
Q
.
I do not blame you. I would not want to either. But why didnt you take your gun out right away? Why did you wait until you asked him for his identification and then take out your gun when he reached for it? Werent you taking a chance in waiting that long? Dont you think you waited too long? Wouldnt a well-trained police officer have taken his gun out right away?
A
.
I did take mine out right away.
Q
.
But you said you did not. That you waited until he reached for his pocket. Make up your mind.
A
.
I dont know—
COUNSEL
You dont know. Again you dont know.
A
.
I mean I guess I took my gun out right away. After all, he was in the shadows and I couldnt tell if he was holding a gun in his hand or not.
Q
.
You couldnt tell whether or not he had a gun in his hand?
A
.
No. I couldnt.
Q
.
You were only a few feet away and could not tell if he had a gun in his hand or not, yet from a hundred yards, or more, you knew that he was in that darkened doorway and was doing something suspicious. So certain that you jumped from the car, with your gun out, and hit him with it.
A
.
I didnt hit him till later.
Q
.
Then you did hit the defendant with your gun?
A
.
Well … I dont know.
Q
.
What do you mean you dont know? How can you not know if you hit him with your gun?
A
.
Well, yes, I guess so.
Q
.
I guess so. I guess so. Did you or did you not hit the defendant with your gun? Please answer yes or no.
A
.
Yes. I hit him when he tried to get away.
Q
.
He tried to get away?
A
.
Yes.
Q
.
First he walked over to you and then he tried to get away?
A
.
Thats right. I guess he got frightened or something.
Q
.
Before or after you asked for his identification?
A
.
After.
Q
.
I guess that would be when he made that suspicious move toward his breast pocket you told us about?
A
.
Yes.
Q
.
This gets more interesting as we go along. He walks over to you, you ask him for his identification, and he doesnt try to get away until he is so close to you that you can hit him with your gun?
A
.
Yes.
Q
.
Let me ask you, as a well-trained police officer, does this make sense to you?
A
.
I dont know why he did it.
Q
.
And just how did he try to escape?
A
.
Well, he sort of moved as if he was going to run away.
Q
.
He sort of moved as if he was going to run away? Now just what does that mean?
A
.
Well, he kind of twisted his body like he was going to suddenly run.
Q
.
And this was when your partner, Harry, joined you? As I remember his testimony he said you did not have your gun out when he joined you, so I assume he must have been there before you unholstered your gun?
A
.
Yes, yes. Thats right. Our guns were still in our holsters.
Q
.
But you had already asked him for his identification?
A
.
Yes.
Q
.
Then it was not as he was reaching for it that you took out your gun?
A
.
Yes … well, no. Not exactly.
Q
.
O, come now. You have already testified that that was when you took out your gun.
A
.
Well, it sort of happened together.
Q
.
What happened together?
A
.
He reached for his pocket and looked like he was going to run. At the same time.
Q
.
And Harry was with you by this time?
A
.
Yes.
Q
.
And that is when he looked like he was going to run?
A
.
Yes.
Q
.
And that is why Harry was holding him when you hit him?
A
.
Yes – I mean no. I mean he ran into Harry.
Q
.
O, now he ran into Harry. I thought he looked as if he was going to run away? Now you claim he actually ran. Not only did he run, but he did not try to run away from you, but ran into Harry so he could hold him while you hit him with your gun. Is that what happened?
A
.
No – yes – I mean
—
Q
.
What do you mean? Will you please try to stick to one story and stop changing it every time you open your mouth?
A
.
Im not changing my story.
Q
.
Then what are you doing? Lying?
A
.
No. You just twist everything around and get me confused.
Q
.
I agree that you are confused. As a matter of fact I am surprised that so well trained an officer could be so confused. But maybe, just maybe, if you would stick to one story you would not be so confused.
A
.
Im trying – I mean I am.
Q
.
It might help if you would say what you mean the first time. Then, perhaps, we both would not be so confused.
A
.
If you wouldnt
—
PROSECUTOR
Your honor, cant we have a recess? Its late and I feel the witness has been badgered enough.
COUNSEL
Your honor, I have no objection to a recess at this time; trying to ferret out truth from fiction is a trying task, but I do object to the use of the word, badgering. I am simply trying to ascertain the truth in the midst of confusing and contradictory testimony.
PROSECUTOR
I will withdraw the word, badgering.
COURT
Good. Im glad someone agrees on something today. Court will recess until 9 o’clock tomorrow morning.
Just twist it around and shove it up their asses, treading the floor of his cell, nodding his head with strong approval, shove it up and break it off. Those ugly mothers cunts. I dont need no fucking lawyer to make those cocksuckers look like idiots. When I get through with them theyll wish to krist they never were born. I/ll fixem good. I/ll showem. The dumb sonsabitches. Krist, what a bunch of ignorant slobs. Filthy, fucking slobs and they can shove people around just because they have a badge. Ignorant fucking okies who dont know their asses from a fucking hole in the ground and they get away with murder because they have that fucking uniform and a crew cut, the flattop bastards. The fucking flattop bastards. Drive around like theyre king shit. Drink coffee and eat donuts like they own the fucking joint. Looking down their noses at people. Who in the fuck do they think they are. Nothin but a bunch of ignorant slobs and they look down their noses at people. Jesus, what a pair of balls they have. What a fucking pair of balls, pounding across the floor, waving his hands, take away their guns and they aint shit. They aint worth a fiddlers fuck. I dont know who in the fuck they think they are, but I/ll be goddamned if theyre going to get away with it. I/ll showem. I/ll be a rotten sonofabitch if I dont showem.
Q
.
Lets see where we stand now … O yes, I think I remember. Because of your outstanding performance in your training program, you were able to see a male caucasian in a darkened doorway one hundred yards away, while the light was shining in your eyes, and determine that he was doing something suspicious – I assume by suspicious that you mean he was trying to break into the jewelry store?
A
.
Yes. Thats correct.
Q
.
And the reason for this is because you had been advised that there had been many such occurrences lately and you were to look for such things and because you are such a well-trained police officer that even though the circumstances were such that it might well be impossible for anyone else to come to such a conclusion, you were able to determine that this was a male caucasian in the process of committing an illegal act.
A
.
Well, yes. I mean it wasnt exactly that way.
Q
.
But you have already testified that it was that way.
A
.
I mean the conditions werent like that.
Q
.
O, I see. In other words we are to disregard all the testimony given by you and your partner because its not – shall we say – accurate?
A
.
No. What I mean
—
Q
.
O, please, not again. For heavens sake what do you mean? Do we have to start from the very beginning again?