Sides spar over Hawk case consolidation

Dave Hawk appeared at the Kings County Superior Court on Friday as the prosecution and the defense battled over the question of case consolidation.

Officials with the Kings County District Attorney's Office would like to have both cases leveled against Dave Hawk consolidated into a single trial. Hawk was arrested early this summer on suspicion of murdering his ex-wife, Debbie Hawk, for financial gain. Prior to his arrest, he was also facing 10 felony charges for the alleged theft and embezzlement of $300,000 from his children's trust fund, which was discovered in part through an investigation into the disappearance of Debbie Hawk.

Assistant District Attorney Larry Crouch argued that the consolidation "just made sense," given that the evidence in both cases is based around Dave Hawk's finances.

Defense Attorney Mark Coleman says that trying both cases together could add an additional four to six weeks to the trial while also causing a degree of prejudice among the jurors, who will be forced to sit through "issues irrelevant to the murder" that may color their judgment.

Judge Peter Schultz listened to both sides of the argument and announced that he will make a ruling on the motion to consolidate on Nov. 6.

Coleman also argued in favor a motion to dismiss, saying that there is not enough evidence against Hawk to make a case.

"It is important to note that there is not enough legally competent evidence to prove that Mr. Hawk committed murder," Coleman said. "There has to be evidence that a crime as been committed and that the accused committed the crime. There is no direct evidence in this case that links Mr. Hawk to the murder or disappearance of Debbie Hawk."

Coleman repeatedly accused prosecutors of trying to create a "spillover" effect in the case to "bootstrap" suspicion on to Hawk by bringing up the element of motive.

"Motive is important and can certainly be used to prove certain elements," Crouch said. "But it is also important to note the nature of the crime scene. This was done with a plan, not a burglary or a theft, but with a plan to make Debbie Hawk disappear."

Judge Schultz ruled that there is still sufficient evidence to call Hawk to trial. The matter will return to court on Thursday morning.