Deliberations in Hawk trial on horizon
By Joe Johnson jjohnson@HanfordSentinel.com
The case of Dave Hawk, the Lemoore man accused of killing his missing ex-wife, is set to come to a tentative close next week. Judge Daniel Creed told the jury at the end of Thursday's proceedings that the defense will likely call its final witnesses on Monday morning.
Both sides are expected to give their closing arguments on Tuesday, with jury deliberations to begin either later that day or on Wednesday.
This will bring the case to a close at just over two weeks, far shorter than the original six- to eight-week estimates made by Hawk's defense team.
Thursday also marked the first day the defense called witnesses to testify.
Jim Braun, a certified public accountant and forensic financial analyst, was asked to look over Hawk's financial records for a period of five years.
Hawk is charged with embezzling more than $300,000 from his children's trust fund accounts. The prosecution claims Hawk murdered his ex-wife to cover up the illicit transactions, while the defense says Hawk's use of the trust money was for the benefit of his kids.
"The language of the agreement articulates how the money should be used," Braun said. "This trust was to be used to maintain the children's needs. This covers everything you can think of, from food and clothing to school supplies."
He told the court the trust accounts in Conrad, Savannah and Chelsa Hawk's names were written with the "broadest language I've ever seen," in terms of what the money could be used for.
His testimony prompted a heated exchange between him and prosecutor Larry Crouch.
The prosecutor demanded answers as to how much of the children's trust money was used to make house payments.
"It's not possible to determine that," Braun said. "The money was co-mingled with other sources of Mr. Hawk's income."
"And whose duty was it to keep the money separate?" Crouch asked.
"That would be Mr. Hawk," Braun said.
As the argument continued, their voices began to rise.
"You have no problem with the children's trust fund money being spent for Mr. Hawk's benefit?" Crouch asked.
"It's reasonable under the broad language of the trust agreement," Braun said. "The children would have also benefited."
Braun explained the complexity of the case in terms of grain in a silo.
"When these funds get co-mingled, it's like a single grain in an entire silo. When it comes out, you can't tell where the grain originated from. It's all just grain," he testified.
Judge Creed interrupted the cross-examination of Braun to deliver a sharp reprimand. "You keep insisting on interjecting your own opinion, but your opinion is not being asked!"
Following Braun's testimony, the owner of a Fresno firing range with extensive experience in handling and teaching the use of stun guns took the stand.
Ron Sawl was asked about the 755,000-volt stun gun Hawk purchased a short time before his ex-wife's disappearance.
"That kind of voltage is actually fairly minor," he explained. "The standard now is about 800,000 volts, while the more popular ones run about 2.5 million volts."
He also explained that voltage, on a stun gun, does not determine the force of the weapon. It's merely used to gauge the puncture factor of the weapon, to break through thick clothing.
"An 800,000-volt stun gun and a 2.5 million-volt stun gun would have the same impact on a person," Sawl said. "It's the amperage that determines the effect, and that is the same standard on all stun guns, despite what the voltage may be."
Prosecutor Shane Burns questioned whether a stun gun would make a good home-defense weapon. Hawk has claimed that he purchased the stun gun for his children to use for protection.
"My daughters use a stun gun for home protection," Sawl admitted with a shrug.
The final witness of the day was retired Fresno law enforcement officer William H. Lehman, who expressed his surprise with some of the decisions made by investigators.
"Walking out of a crime scene without physical evidence leaves you with a very serious problem," he testified. "Without that, you have to start examining the intimacies of the victim and his or her relations."
Lehman said he was surprised investigators never contacted a doctor whom Debbie Hawk was scheduled to go on a date with before she disappeared on June 12, 2006.
Proceedings will resume again on Monday at 9 a.m. The case will not be heard today.
The reporter can be reached at 583-2425.
(Aug. 21, 2009)
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