CHAPTER 10
Captain Dobey was the next witness called to the stand. In his black suit, white shirt and tie, he presented an imposing figure to the court. Even without saying a word, he presented an authoritative image that befitted his rank in the BCPD. Since he had been called as a witness for the prosecution, Edwards questioned him first.
"Captain Dobey, you are David Starsky's commanding officer, are you not?"
"Yes."
"And how long has he been under your command?"
"Seven years, ever since he was promoted to Detective."
"Has Mr. Starsky ever presented a disciplinary problem?"
"There have been times that I have had to reprimand him." Dobey reluctantly admitted. "Both formally and informally." Dobey knew that Starsky's police file had been subpoenaed by the prosecution. There was no way to avoid answering the question.
"When was the last time you were forced to reprimand Mr. Starsky and what did you have to reprimand him for?"
"I had to formally reprimand him for disobeying a direct order and going after George Prudolm without backup."
"Does Mr. Starsky make it a habit of disobeying direct orders from a superior officer?"
"No, not under normal circumstances."
"But he does have a tendency to disobey direct orders if he thinks he can get away with it, doesn't he?" Edwards demanded with a smirk.
"Objection!" Hamilton said, jumping to his feet. "Calls for speculation on the part of the witness."
"Sustained." The judge agreed as he gave the prosecutor a disapproving glance.
"Captain Dobey, would you say that Mr. Starsky was a good police officer?"
"Yes," Dobey said firmly. "He's one of my best men."
"Isn't it true that Mr. Starsky and his partner often use tactics that are considered a bit unorthodox?"
"They get the job done. That's all that matters."
"Even if they bend the rules to do it?"
"Objection. Badgering the witness." Hamilton interjected
"Sustained." The judge agreed "Mr. Edwards, please refrain from formulating your own opinions about the way Detective Starsky and Detective Hutchinson performed their duty as police officers for this city and let's move on."
"I apologize, your honor." Edwards said with the appropriate amount of contrition in his voice. He looked back at Dobey and smiled thinly, prepared to continue with his cross examination. "Isn't it true that Mr. Starsky is known to have quite a volatile temper?"
"Yes, Detective Starsky has a temper." Dobey admitted, stressing his use of Starsky's formal title. "But he knows how to control it, especially when he's on the job."
"So he's never lost his temper when dealing with a suspect, no matter what the circumstances?"
"Of course he's lost his temper." Dobey said sharply. "He's human just like the rest of us." A titter ran through the crowd as they showed their amusement at Dobey's retort. "It's hard not to lose your temper with a suspect who has raped and murdered four innocent children."
His last statement had been made to make a point, to highlight an example of the atrocities police officers were forced to deal with every day on the job, but the prosecutor pounced on his answer and said with a smirk, "Or a man who has killed your fiancé in cold blood with no remorse."
"Mr. Edwards," The judge said in a warning tone.
"I have no more questions for this witness, your honor." Edwards said with a satisfied smile as he let Hamilton take over.
Lew stepped forward, greeting Dobey with a warm smile. In a calm, quiet voice, he said, "Captain Dobey, you consider Detective Starsky and his partner, not just professional colleagues, but personal friends as well, don't you?"
"Yes, I do." Dobey admitted with a warm genuine smile.
"And as you stated previously, you consider them to be the best team in your department. Is that correct?"
"Yes."
"Isn't it also true that they had been directly responsible for solving some of the most high profile cases in this city in spite of their somewhat unorthodox approach to doing their job?"
"Yes." Dobey said with a smile.
"Have you ever known Detective Starsky to take the law into his own hands when it comes to a suspect?"
"No." The burly black man said firmly.
"As Detective Starsky's commanding officer do you believe that he pushed the victim off that roof?"
"No, I do not."
"As Detective Starsky's commanding officer were you informed that he was going to be arrested for murder?"
"No, the Internal Affairs officers in charge of the case chose to ignore protocol and I was not informed of Detective Starsky's arrest until after he had already been booked and transferred to the County Lockup."
"Is that the normal procedure when a police officer is suspected of a crime?"
"No, it is not. As Detective Starsky's commanding officer, I should have been notified of his pending arrest and of the charges being leveled against him."
"So, the two Internal Affairs officers in charge of investigating this case, ignored standard operating procedure by failing to inform you of the pending arrest?"
"Yes."
"Have you been given the opportunity, as Detective Starsky's commanding officer, to review the evidence that was used to issue the warrant for Detective Starsky's arrest?"
"Yes, I have."
"And in your professional opinion, does that evidence clearly show that Detective Starsky is guilty of the crime that he has been accused of?"
"No, it does not." Dobey stated firmly. "It's completely circumstantial."
"Thank you, Captain Dobey." Hamilton smiled at the judge. "I have no more questions for this witness."
The Judge nodded his head solemnly. "You may step down, Captain Dobey."
Dobey took his time rising to his feet and walking to a seat at the back of the room. He settled down on the bench and leaned back to observe the rest of the trial.
The rest of the morning was spent listening to the testimony of the uniformed officers who had arrived at the scene just minutes before Hutch. As predicted, they were split in their opinions of what had happened. Three of them swore that they had seen Starsky push Prudolm while the rest stated that they weren't sure what had happened. Hamilton was able to get them to admit that Prudolm could have slipped or jumped.
After a break for lunch, the rest of the afternoon was spent on the coroner's testimony. He described in vivid detail both the autopsy and the injuries that Prudolm had received in the fall from the top of a three story building. In layman's terms Prudolm had died of a broken neck and massive internal injuries. During his cross examination, Hamilton was able to present the evidence that Prudolm had cancer and would have died in a few weeks from it even if he hadn't fallen or been pushed from the roof. He presented the theory to the jury that the cancer gave Prudolm a motive for committing suicide in such a way that Starsky would be blamed for his death. The prosecutor objected but the point had been made to the jury which was Hamilton's intent. Court was recessed for the day after the coroner's testimony.
Hutch caught up with Lew as he was leaving the courthouse for the afternoon. He smiled faintly. "How do you think it went in there today?"
"About as well as can be expected. Your testimony and Dobey's helped but the rest of the testimony hurt."
"There has to be a way to prove that the three cops who said that they saw Starsky push Prudolm off that roof are lying."
"Well, that's going to be up to you to find out. But, that still won't be enough to get an acquittal."
"In other words, the only way to get Starsky out of this mess is to prove that Prudolm jumped off that roof." Hutch said in a discouraged voice.
"Unless we get a sympathetic juror who refuses to convict." Lew smiled faintly. "It's only the first day. I wouldn't start worrying yet."
"What if this thing goes sour and they find him guilty?" Hutch asked in a tightly controlled voice. "What if they give him the death penalty?"
"Then we appeal and we keep appealing until David runs out of appeals. And that's when you start praying."
"I'm already praying." Hutch said somberly. Stuffing his hands in his jacket pockets, he turned and walked away. The stress of the day had left him emotionally exhausted. He had made notes throughout the day, writing down his thoughts as they came to him. He would review his notes later and add to them. A good detective never knows when he will find the lead that will break a case wide open.
Unwilling to go home or to headquarters, Hutch drove aimlessly through the busy streets with no particular destination in mind. He knew that Starsky often took long drives just to relax or blow off steam and he hoped that maybe the same thing would work for him now. But. he found that he couldn't keep his mind focused on his driving, his thoughts kept drifting back to his partner. Finally, he made his way to a secluded section of beach where he sometimes came with Starsky when they felt the need to be alone, away from the bustle of the city and the demands of their job.
Climbing out of his car, he took off his shoes and walked barefoot through the sand, lost in thought. He lost track of time, only noticing his surroundings when dusk began to fall. Realizing that he had been walking for hours and was some distance from the car, he reluctantly turned around and headed back. Tomorrow was another day and he needed to get some rest so he'd be ready to continue the fight for his partner's freedom.