Authors: Jr Hubert Selby
A
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No. I mean – well, its just that its hard to describe.
Q
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And its also hard for me to understand why such a well-trained officer should have so much trouble saying what he means. But let me help you. Was it or was it not dark in the doorway of Kramers Jewelry store?
A
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It was dark.
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Were you or were you not approximately one hundred yards away and under the light of a street lamp?
A
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Yes. Thats all true, but it was different.
COUNSEL
Your honor. I truly do not wish to take up so much of the Courts time, but if the witness insists upon constantly changing his testimony it seems that I have no recourse but to go back to the very beginning and ask all the questions over again.
COURT
Yes, the Court agrees. If the witness does not disagree with certain facts that he has already testified to he should answer the questions with a yes or no. Proceed.
COUNSEL
Thank you your honor.
Q
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I think it would simplify matters if I ask you if you wish to change any of your previous testimony, up to the point of your leaving the patrol car and approaching the defendant?
A
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No.
Q
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Fine. Now lets see if we can clarify a little of the confusion as to what happened when you left the car and stood under the street light, like a gentleman, and waited for a male, caucasian, whom you believed to be a dangerous criminal, walking toward you out of the shadows. And, because of your splendid training you knew he was unarmed and so did not unholster your gun. Is that correct?
A
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Well—
Q
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Please, yes or no.
A
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Yes.
Q
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Thank you. What color were his clothes?
A
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Clothes?
Q
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Yes, his clothes.
A
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Well, I dont know exactly. They were dark.
Q
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Dark?
A
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Yes.
Q
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All of his clothes?
A
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Yes.
Q
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Was he wearing a suit?
A
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Yes. And a dark shirt and tie. I remember distinctly.
Q
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Well, thats a pleasant change. But you are certain that he was not wearing dark slacks with a light jacket. Perhaps a light-blue jacket?
A
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No. I definitely remember he was wearing a dark suit.
Q
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Well, when you are certain, you certainly are certain. I guess it is that wonderful training. So, he was not wearing a light jacket with a light-blue shirt?
A
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No.
Q
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All his clothes were dark?
A
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Yes. Very dark.
Q
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Very dark?
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Yes.
Q
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You know, this training intrigues me more and more. As does your remarkable facility for observation. Here we have a man dressed entirely in dark clothes, very dark clothes, and you can notice him, under the unlikely conditions previously outlined by you, one hundred yards away. And not only notice him, but know exactly what he is doing. Remarkable. Most remarkable. Again, I commend you and your instructors. Now, lets see if we have the rest of the activities clear in our minds? You are confidently standing under the street light awaiting his approach, your gun still holstered, as your partner is coming around the patrol car, and as the defendant comes within arms reach of you and your partner he suddenly decides to try to escape. Is that correct so far?
A
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Yes. Our guns were in our holsters when he tried to escape.
Q
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Fine. Now, he did not try to turn and run, but suddenly ran into you when he was less than 2 feet away. Correct?
A
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Yes.
Q
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He ran into Harrys open arms?
A
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Yes. I mean he ran into Harry and Harry put his arms around him.
Q
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And that is when you hit him with your gun.
A
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I had to—
Q
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Just yes or no. Please.
A
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I hit him as he was struggling with Harry.
Q
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Please answer just yes or no to this question. Please. Was it while Harry was holding him that you hit him with your gun?
A
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Yes, but—
Q
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Just yes or no. And then you threw him against the wall?
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No.
Q
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Did he fall against the wall?
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No.
Q
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Then how did he end up with his face shoved against the wall?
A
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He didnt. We made him lean against the wall so we could search him for weapons.
Q
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Then this was after you had knocked him down and kicked him?
A
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No.
Q
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Then he was knocked down and kicked after he was searched for a weapon?
A
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No. We didn’t knock him down.
Q
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Then how did he end up on the ground?
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He fell.
Q
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I see. After you searched him and found he had no weapon he was so delighted that he fell to the ground and somehow managed to crawl under your foot?
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No.
Q
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Then exactly what did happen?
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I dont know.
Q
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You dont know?
A
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I mean I dont know how he fell. He must have stumbled or something.
Q
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I see. And then you dragged him to the car?
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Yes. No. I mean
—
Q
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Please. Not again. Just tell the court what happened. Please, no more yes, no, I mean.
A
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Well, we assisted him to the car.
Q
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You assisted him to the car.
A
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Yes.
Q
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Just how did you do that?
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We each took an elbow and helped him over to the car.
Q
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You each grabbed an elbow and assisted him?
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Yes.
Q
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Well, that certainly was generous of you. Then, I assume, if you assisted him to the car he was not trying to escape.
A
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No, he wasnt.
Q
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Was he handcuffed at this time?
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No.
Q
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In other words you were certain he was not going to escape or you would have cuffed him?
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Yes.
Q
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That is strange that a man tried to literally run over 2 well-trained police officers one minute and then is so submissive from just a light tap with a gun that he walks into a patrol car. Or could it be that perhaps he was incapable of running because he had been beaten with guns, fists and feet and was dragged across the pavement and thrown face down in the back seat of the car – never mind answering that question. I do not want to hear you stammer an answer. Just tell me, was it after you threw him on the floor of the back seat that you cuffed his hands behind his back?
A
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Yes. I mean we—
Q
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That is enough. Just yes or no.
A
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But we didnt throw him on the floor.
Q
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Then how did he get there?
A
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Well, he sort of rolled off the seat.
Q
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He sort of rolled off the seat?
A
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Yeah, he must have stumbled or something.
Q
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O come now, you do not expect us to believe that? The truth is that you shoved him onto the floor, twisted his hands behind him, cuffed him and kicked him, again, in the back.
A
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We did not. We observed his constitutional rights.
Q
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Yes. You observed them all right. And then you tore them to shreds.
A
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We did everything legally.
Q
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Yes, I am sure you did. And was it when you were cuffing his hands behind his back that you told Harry there was a smell of perfume in the back of the car?
A
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No.
Q
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Then it was after?
A
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No. I mean I never said anything like that.
Q
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Are you certain?
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Yes.
Q
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Absolutely certain?
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Yes.
Q
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You never said anything to Harry about perfume on the back seat of the car and mentioned the name of Mrs Haagstromm?
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No.
Q
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You are certain?
A
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Yes.
Q
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Absolutely certain that the smell of perfume did not come from Mrs Haagstromm?
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Yes.
Q
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Here you are in the midst of apprehending a man you believe to be a hardened criminal, a man who has just tried to escape and whom you have had to subdue and you are certain you did not just simply mention something about the smell of perfume and Mrs Haagstromm?