Experts weigh in on Hawk case on first anniversary

Today marks the one-year anniversary of the disappearance of Hanford mother Debbie Hawk, who is presumed dead.

Experts say the road to closure of the case may be a long, and winding one.

An investigation into her affairs led to the Friday arrest of the primary suspect in the case, her ex-husband, Dave Hawk, on charges other than homicide.

Over the past year he has maintained his innocence and his church released a statement Tuesday supporting him.

Fresno State criminology professor and forensic expert Eric Hickey said "there's a fair likelihood" investigators will eventually charge Dave Hawk with Debbie Hawk's death.

"His troubles are not going to go away," said Hickey. "They're not going to prosecute him now (for murder) because they want to be sure to get him, and it's a wise move on their part."

With the double jeopardy law, if Hawk is charged with his ex-wife's murder and acquitted, he can never be charged with that same crime again, even if evidence later arises which indisputably connects him to the crime.

Hickey said that although police may not have enough evidence to charge Dave Hawk - or anyone for that matter, with Debbie Hawk's death - that's OK.

"There's not a statute of limitations on (homicide), so they're willing to bide their time," he said.

Hickey also praised law enforcement personnel efforts in light of Dave Hawk's arrest.

"They've been doing their homework," he said. "They've been investigating on the other (charges). It's a very enviable position for the prosecution."

A representative from the Hanford Police Department did not return a phone call seeking comment for this article.

However, last week police said a trust fund set up by the children's grandparents - Dave Hawk's parents - was looted, and Dave Hawk was the trustee.

Police alleged Dave Hawk had used the assets for his living expenses, and lied about his income on court documents under penalty of perjury.

On Monday, Dave Hawk pleaded not guilty to a host of felony charges stemming from the alleged theft of more than $300,000, and misdemeanor charges of possession of child pornography.

If Dave Hawk is convicted, the charges could be used to prove a motive, Hickey said.

With regards to the amount in the trust fund, "people have killed for less," he said.

On the other hand, having a motive does not automatically make someone guilty.

"Lots of people have motives to kill someone," but don't actually kill them, Hickey said.

That is why finding Debbie Hawk's body is key to solving the case.

Even If police do gather enough evidence to make an arrest, without a body, prosecuting a murder case presents an entirely different host of challenges, said University of the Pacific McGeorge School of Law Professor Mike Vitiello.

"It does increase the burden of proof," Vitiello said. "At a practical level, it makes it more difficult for a prosecutor to succeed in the case because the prosecutor has to overcome the jury's disbelief (that a crime has occurred). No body, no crime."

Prosecutors and investigators must have proof of a strong motive, and decisive DNA tests of blood and other fluids found at the crime scene.

Also, Vitiello said, the District Attorney's Office must prove that the missing person was responsible and held close ties to the community, and so would not have just vanished.

Meanwhile, several of Debbie Hawk's friends plan to hold a public memorial service in her honor at sunset on Saturday at Hidden Valley Park.

Friend and former co-worker Eliza Carlson said busy lives and faith keep herself and others who love Hawk going.

"Everyday life is the coping mechanism," said Carlson, whom Hawk hired at Gottschalks. "Our family lives keep us grounded."

Hawk brought her eclectic group of friends which runs the gamut from doctors to makeup artists - together, and they are leaning on each other for support, said Carlson.

Carlson said the children are doing as well as can be expected, are strong, and will ultimately make it through.

"They have to," she said. "I mean, they're Debbie's kids."

A relative confirmed that the oldest, 17, is doing well in foster care.

For the time being, Dave Hawk still has custody of his two daughters, ages 16 and 11. The girls have gone up north to visit their maternal grandparents, and it's not certain whether they will remain with their father or live elsewhere upon their return.

Asked if she felt detectives would one day find Hawk, Carlson appeared thoughtful.

"I can't say that I think she'll be found," she said, slowly. "If that's the way it's supposed to be, then she'll be found. I do think we'll find out what happened to her."

Leaders of Lemoore Presbyterian Church, where Dave Hawk attends services, said in their statement they intend to stand behind their parishioner.

"Dave is a member of our church family, and we love him ... We invite you to pray with us for him, his children."

Hawk is an active member of the church and had access to church computers.

"This is a hard time for our church family," Tuesday's statement read. "We hope that you will be patient with us, your leaders, as we do our best to lead the church and to do what we can to support Dave. We do not know what the future holds for Dave, but we do know who holds the future."

(June 13, 2007)