He described the case in terms of a person driving to 7-Eleven. Just because a person stops at a gas pump does not necessarily mean they are there for gas, Coleman said. He could know the cashier inside, he could be stopping by for some Cheetos. There are any number of reasons that person may have stopped there, beyond the most obvious.
“The defense is trying to create inference by twisting and contorting the facts, presenting you with a tortured logic,” Coleman said. “They are trying to force a square peg into a round hole, ignoring all of the holes in the case. The prosecution’s argument is that because they haven’t found anyone else who did it, it must be Dave Hawk. But that’s not the law.”
Coleman displayed several documents before the court detailing the juror instructions. He pointed out that the prosecution needs to prove Hawk committed the crime “beyond a reasonable doubt.”
“Where’s the evidence that Dave did it? How do you prove a negative? There is no evidence he was ever in Debbie’s home or her van,” Coleman told jurors.
“What the prosecution has given you is a series of inferences that paint Mr. Hawk as a monster. This is a difficult case and everyone wants to see justice served for the missing mother, but they have not proven that Mr. Hawk is guilty of murder.”
Prosecutor Shane Burns gave the final piece of testimony before the court, calling most of the defense’s case “a series of red herrings.”
“The defense accuses us of twisting the facts,” he said. “Yet, they are the ones who brought up saying that Debbie was targeted for her prescription samples. Except when they mentioned this, they ignored the testimony by Debbie’s employer that she never carried enough samples to make narcotics with.”
Burns described Hawk’s life as a “web of lies and deception surrounding his income.”
He pointed out that even Mary Royer, his girlfriend at the time, was told that Hawk’s money came from “investments” and not from the children’s trust fund accounts.
“He even lied to the people close to him,” Burns said.
Burns asked why Hawk chose to lie about the use of the trust fund money if he truly felt he was using it “in the best interests of the children.”
He went on to detail the need for Debbie to not simply die, but to disappear altogether.
“It was important that a body not be there,” Burns said. “Debbie was to become a missing person. When Mr. Lehman testified the other day, he said that Hawk would be the main suspect if the case was a murder. And that’s why she had to disappear, to never be heard from again.”
Many of the irregularities at the crime scene could be attributed to this, Burns said. The replaced license plate on Debbie’s van, the lack of car registration in the vehicle, the removal of all her keys minus the one left in the ignition. As Burns explained it, all this was designed to help disassociate the vehicle from Debbie and throw investigators far off the trail.
“If she disappeared, Mr. Hawk would never be unmasked as a thief,” Burns said. “All of the evidence points to him. The defense spent a lot of time talking about the evidence that doesn’t exist in this case, but the evidence that does, shows that Mr. Hawk is guilty.”
Jurors will be called back to the court Wednesday at 9 a.m. to receive final instructions and begin deliberations.
12:05 p.m., Aug. 25: Closing arguments in the Dave Hawk case drew the largest crowd yet to the proceedings this morning, leaving standing-room only for many of those in attendance.
Spectators included Hanford Chief of Police Carlos Mestas, Hawk's former friend Keith Marshall, Kings County Chief Deputy District Attorney Michael Reinhart, Debbie Hawk's father William Triantis, Hanford police Lt. Greg Freiner and many others.
Prosecutor Larry Crouch addressed the court for more than an hour, describing Hawk as a "liar and a thief" who killed his ex-wife to hide the embezzlement of "a third of a million dollars" from his children's trust-fund accounts.
Crouch pointed to a financial dispute between Debbie and Dave from 2001, when Hawk stole $1,500 from his children's trust fundss to pay for his daughter's medical expenses. At that time, a Judge ruled that Hawk had violated his fiduciary duty as a trustee for the accounts and ordered him to repay the amount.
"The court ruled that he could not be trusted," the prosecutor said. "Later, when we seized his financial documents, we realized he was lying, that the money was not used for medical expenses for Chelsa Hawk."
When the couple's divorce was finalized in 2000, Hawk was ordered to pay back the $1,500, as well as an additional $45,000 to Debbie. Crouch said Hawk then took $60,000 out of the children's trust funds and used it to pay off these debts.
"Debbie subpoenaed his financial records just before she went missing because she knew he was stealing," Crouch said. "She knew he was lying and betraying the trust of his very own children."
Much was made of the defense's claims that Hawk's use of the trust fund money benefited the children.
"So when Mary Royer went to the salon and got her hair done with the children's trust fund money, did that benefit the kids?" Crouch asked, angrily. "Oh, sure it did. Dad's girlfriend has to have nice hair, it helps the atmosphere at home!"
Throughout the prosecutor's closing argument, Hawk sat leaning back in his chair, left arm thrown over the arm rest, watching silently.
Crouch described the Lemoore resident as "a man in his 40s totally supported by the charity of his parents."
He then went on to describe the night of Debbie's disappearance.
"The most frightening aspect of this case is the license plate," Crouch explained. "The presence of a different license plate on Debbie Hawk's van, which was stolen days before, meant that someone had woken up that morning knowing they were going to kill Debbie. It was part of a plan."
Crouch outlined the plan like this: The murderer wanted Debbie to disappear. He entered the home, probably with a key taken from one of the Hawk children's backpacks, and tried to disable the woman with a stun gun. It didn't work. She fought back. She had enough time to scream, which neighbors heard. So, the murderer struck her. Knocked her down. Maybe killed her in one hit. Maybe suffocated or strangled her. Then, he makes the bed. Because it is dark, and he doesn't want to turn on a light and further alert the neighbors, the job is clumsy. Blood is found on the covered-over sheets.
"This explains why the bed was made, why nothing was stolen, everything," Crouch said. "I've been over this case many times with other people in mind, but this is the only reasonable interpretation."
Crouch also said, for the first time, that he believes a second party was involved in the murder: Someone else who drove Hawk to Debbie's house, so he wouldn't have to take his own vehicle.
"Debbie tried to pursue her case against Mr. Hawk in civil court. And look where it got her. She was lied to, she was threatened with sanctions, her son was yelled at and then she was murdered. That's what the civil process got her. She didn't even get a hearing. But now she has one with you," Crouch said, indicating the jury. "All Debbie and I ask for is that you give her a fair hearing according to the rules of the law."
Defense attorneys will make their closing argument when court reconvenes at 1:30 p.m. today, followed by a response from the prosecution. Jury deliberations may begin as soon as this afternoon.
10:15 a.m., Aug. 25: Closing arguments are now getting under way in the Dave Hawk trial, following a short recess after instructions were given to the jury.
One of two male members of the jury was replaced this morning, after apparently falling and injuring his arm, which resulted in a trip to the hospital. The juror was replaced via a drawing by another male juror, leaving the jury makeup at 10 women and two men.
Court recessed shortly before 10 a.m., with the prosecution and defense preparing to deliver closing arguments.
11:50 a.m., Aug. 24: Dave Hawk's defense attorneys rested their case this morning, drawing the day's proceedings to an early close.
Closing arguments will be made on Tuesday, followed by a lengthy session of jury instruction. Once this concludes, which Judge Daniel Creed estimates will take the remainder of the day on Tuesday, the jury will begin their deliberations.
Neither side could be reached for comment immediately following the conclusion of this morning's proceedings.
11 a.m., Aug. 24: After testimony from one witness concluded this morning, the defense rested its case. Court will resume Tuesday at 9 a.m. with closing arguments from both sides.
10:38 a.m., Aug. 24: The testimony of William H. Lehman, a former law enforcement officer called by the defense to look into the Debbie Hawk investigation, resumed early this morning.
Defense attorney Dennis Peterson drew the court's attention once again to the lack of any physical evidence connecting Dave Hawk to the crime scene.
"There's not even any evidence or eyewitness' accounts that Mr. Hawk even left his house that night, right?" Peterson asked. "In fact, most of what the prosecution is presenting here is pure speculation, isn't it? Just speculating about possibilities, because we don't know what happened. It's possible that this was a cat burglary gone wrong, or that someone could have arranged things knowing full well that Mr. Hawk would be implicated."
Lehman voiced his agreement repeatedly, then came under fire by prosecutor Shane Burns.
"Why would a common thief be interested in the Morgan Stanley trust agreement documents found laying out in Debbie Hawk's office?" Burns said. "Would a drug manufacturer be interested in those documents? Would a meth addict be interested in those documents? What about someone Debbie met on an online dating Web site?"
Lehman couldn't name any other suspects in the case who might have an interest in those documents, aside from Hawk.
Another defense witness will be called when court resumes at 10:45 a.m.
6:15 a.m., Aug. 24: Proceedings resume today on what could be the final day of testimony in the Dave Hawk trial.
Judge Daniel Creed told the court on Thursday that final defense witnesses were expected to be called today when the trial resumes at 9 a.m. Closing arguments from the prosecution and defense are expected on Tuesday, and jury deliberations could also begin by Tuesday afternoon.
4:54 p.m., Aug. 20: Judge Daniel Creed told the court this afternoon that the final witness in the Dave Hawk case is likely to be called on Monday. Closing arguments will be given by the prosecution and the defense on Tuesday and the jury may begin deliberations as early as that afternoon.
This announcement came immediately after the testimony of William H. Lehman, a retired law enforcement officer called to discuss the investigation of Debbie Hawk's disappearance.
Lehman told the court that several aspects of the investigation surprised him, especially areas of inquiry that were not followed up by detectives.
Defense attorney Dennis Peterson asked about the importance of physical evidence in homicide cases.
"Walking out of a crime scene without physical evidence leaves you with a very serious problem," Lehman said. "Without that, then you have to start examining the intimacies of the victim and his or her relations."
Lehman said he was surprised that detectives never conducted a physical examination of Hawk to see if he sustained wounds consistent with a struggle. He also called it a mistake that a doctor Debbie Hawk was scheduled to go on a date with was never interviewed as part of the investigation.
Detective Darren Matteson was also called to the stand to discuss a ladder found on Hawk's property following his ex-wife's disappearance. Prosecutors have implied that the ladder may have been used to allow Hawk to sneak out of his bedroom undetected.
Attorney Mark Coleman pointed out that several cobwebs and leaves were found on the ladder when investigators searched Hawk's home on June 24, 2006.
Prosecutor Shane Burns countered that Hawk's home is situated on an orchard, where dust and leaves are fairly common and could easily have landed on the ladder in the days following the disappearance.
The case will not reconvene until Monday morning at 9 a.m.
3:05 p.m., Aug. 20: A witness for the defense received a harsh reprimand from the judge this afternoon for interjecting too much of his opinion into the testimony.
Jim Braun, a forensic financial analyst, continued the back-and-fourth shouting match with Prosecutor Larry Crouch that marked the end of this morning's proceedings.
"Who is responsible for keeping the trust fund money from co-mingling?" Crouch asked.
"Mr. Hawk is," Braun said. "But you have to understand that when these funds get co-mingled, it's like a single grain in a silo. When it comes out, you can't tell where the grain originated from. It's all just grain."
Judge Daniel Creed interrupted the cross-examination to tell Braun "You keep insisting on interjecting your own opinion, but your opinion is not being asked!"
Braun's testimony was followed by use-of-force expert Ron Sawl, who has extensive experience with stun guns.
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 the 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, particularly for children. Hawk has claimed that was the reason he purchased the stun gun.
"My daughters use a stun gun for home protection," Sawl admitted with a shrug.
12:52 p.m., Aug. 20: A heated exchange between prosecutor Larry Crouch and a defense witness broke out in court this morning, prompting Judge Daniel Creed to demand both sides act "civil."
At issue was the amount of $81,864.13 that was spent on Hawk's house payments over a five-year period. The money originated from a co-mingled account, which mixed money from the Hawk children's trust fund with the accused man's own private funds.
"How much of the children's money was used for the house payment?" Crouch demanded.
"It's not possible to determine that, since the money was co-mingled with other sources of Mr. Hawk's income," witness Jim Braun said. Braun is a forensic financial analyst called by the defense to testify about how Hawk was using the children's trust fund money.
"And who's duty was it to keep the money separate?" Crouch asked.
"That would be Mr. Hawk," Braun said.
"And because he didn't keep it separate, it has made it very difficult for you or anyone else to establish his guilt, then?" Crouch asked.
As the pair sparred over the issue, members of the jury stifled laughs over the witness's discomfort.
"You have no problem with the children's trust fund money being spent for Mr. Hawk's benefit?" Crouch asked.
"And his family," Braun said. "It's reasonable under the broad language of this trust agreement, as the children would also have benefited."
"Is that your testimony? That buying his girlfriend a car somehow benefited the children?" Crouch demanded.
"It's not for me to decide if this was embezzlement or not," Braun said.
"Well, you are an expert, what's your opinion?" Crouch asked.
"No, I don't believe it constitutes embezzlement," he said. "You have to step into the mind of Mr. Hawk to make that kind of determination."
Braun said he believes Hawk was naive about his use of money from the trust fund accounts. Hawk is accused of embezzling more than $300,000 from those very same funds.
Crouch asked, "In your experience, do you often see trust funds hit for $350,000?"
"Can you define 'hit' for me?" Braun asked.
"Well, let me put it this way," Crouch said. "Mr. Hawk was under duty to supervise the usage of the trust fund account, right? So every difficulty you've experienced in following these accounts is due to information he either suppressed or failed to collect, is that right?"
Braun said that because of the complexity of trust laws, he doesn't believe Hawk should be tried criminally for his actions.
Braun will return to the stand when the case reconvenes at 1:30 p.m. today
10:46 a.m., Aug. 20: Defense attorneys for Dave Hawk called their first witnesses this morning after Judge Daniel Creed denied a motion to dismiss the trial based on lack of evidence.
Before today's testimony began, attorney Mark Coleman responded to the prosecution resting their case Wednesday by asking that the entire trial be thrown out of court.
Proceedings began today as usual just after 9 a.m., with the defense calling several "forensic experts" to testify.
Jim Braun, a certified public accountant with experience in forensic accounting, told the court that trust disputes are far more common than people realize.
Hawk is charged with numerous felony counts of stealing money from his children's trust funds.
"Reading through the trust agreements is very critical in determining the intent of the trustor and the management of the trust by the trustee," Braun said. Hawk was named the sole trustee of the children's funds by Stan Hawk, his father and creator of the accounts.
"The language of the agreement articulates how the money should be used," Braun continued.
He said these trust funds were not created to be "educational trusts," and were "about as far away from an educational trust as you can get."
The defense has maintained that Hawk's use of the trust fund money was solely for the benefit of his children.
"This trust was to be used to maintain the children's needs," Braun said. "This covers everything you can think of, from food and clothing to school supplies."
He testified that 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.
Braun will resume testifying when court reconvenes at 11 a.m.
2:13 p.m. Aug. 19: Friends and family members of Debbie Hawk were the final witnesses called to testify this morning before the prosecution rested its case.
Diane Triantis, Debbie's older sister, described her only sibling as "a bright star in everyone’s life that was extinguished far too early."
“Debbie was the social center of the entire family,” Triantis said. “She was vivacious, the life of the party. She put all of her energy into her children and her job.”
“She was quick-witted and outgoing,” said Mike Ray, Debbie’s friend of 11 years. “I don’t know anyone who didn’t take to her immediately.
Teresa Voyles, who had known Debbie through Lemoore Presbyterian Church since 1990, said their friendship was incredibly close. They could go weeks at a time without speaking, due to Voyles' busy schedule as a delivery nurse, then talk three times in a single day.
Each of the witnesses was asked to describe the final time they spoke with Debbie.
As their statements ended, prosecutor Shane Burns told the court that the prosecution had no more witnesses to call.
Court recessed for the day just before 11 a.m., with defense attorneys scheduled to call their first witness at 9 a.m. Thursday.
The prosecution and the defense could not be asked to comment on the case immediately following these announcements, as court continued for them in closed session to "go over exhibits admitted into evidence," Judge Daniel Creed said before the break.
Creed told the jury that proceedings are moving “way ahead of schedule,” despite early predictions that the trial may last six to eight weeks. Depending on the number of witnesses called by the defense, the case could move into jury deliberations as early as next week.
10:46 a.m., Aug. 19: The prosecution called its last witness this morning and rested its case in the Dave Hawk murder trial taking place in Kings County Superior Court.
The defense will start calling witnesses Thursday. Judge Daniel Creed said the case is moving much faster than anticipated.
4:46 p.m. Aug. 18: A specialist with extensive training in DNA analysis confirmed that Debbie Hawk's blood -- and only Debbie Hawk's blood -- was found in her home on June 14, 2006.
Kenneth Robert Penner with the state Department of Justice told the court about his involvement in the Hawk investigation, specifically with checking for blood and semen samples in her Hanford home.
Penner testified that "red stains" found on Debbie Hawk's bed, the floor and in the garage all tested positive as blood from the missing woman.
The blood found at the scene was compared to DNA profiles made of Dave Hawk and his three children, but a positive match was not found, Penner said.
This testimony closed out the seventh day of Hawk's trial. At this time, the prosecution is still calling witnesses to testify. On Wednesday morning, Penner will return to the stand to discuss the blood found in Debbie Hawk's van, which was discovered abandoned in Fresno.
Police Investigator Richard Pontecorvo was also called to testify for over an hour, to confirm the validity of 30 or more photographs he took of the van and the area it was located in.
Pontecorvo said pine needles and white sand were found under the vehicle, leading him to believe the van was driven offroad at one point before being left in Fresno.
Check Wednesday's Sentinel for more information.
2:55 p.m. Aug. 18: Debbie Hawk's employer at the time of her disappearance said the Lemoore woman was not missing a significant quantity of prescription drugs.
Trish Estabrook, Debbie's supervisor at Shearing-Plough Company, said she did a drug sample inventory of Debbie's stock on May 31, 2006.
"Over the course of the year, she carried about 17,000 samples to give out to prescribers," Estabrook said. "Out of that balance, less than five percent was missing when I did my inventory."
Defense attorneys for Dave Hawk have argued that Debbie's disappearance may have been related to her possession of these samples, some of which could be used in the production of methamphetamine.
Prosecutor Shane Burns asked if the amount mentioned in the discrepancy was enough to make a substantial amount of illegal narcotics.
"Shearing-Plough has rules about the amount of samples our sales reps can carry," Estabrook said. "We never received enough to where someone could transfer it into a chemical compound to be used in narcotics."
Defense attorney Mark Coleman asked if anyone not immediately familiar with Debbie's inventory would know this.
"I guess they wouldn't," she said.
12:31 p.m. Aug. 18: A former friend of Dave Hawk told the court this morning that he never suspected the Lemoore man of murder, even though he assisted investigators by conducting covert surveillance on their behalf.
“I tried to back out of doing it, but they pressed me,” Keith Marshall said on the stand. “They said they’d set everything up and I couldn’t back out. So, I went ahead with it, but I never suspected Dave of murder.”
Marshall said he did have some doubts and suspicions because of the evidence presented to him.
“I was in tears,” Marshall said, referring to the conclusion of the taped conversation between him and Hawk. “It was the toughest thing I’ve ever done.”
Audio recordings of the July 21, 2006 conversation were played for the court.
“If they think they have something on me, they don’t!” Hawk said, unaware he was being recorded.
Marshall, an investigator with the Office of the Inspector General, said he used his law enforcement training to try to illicit certain responses from Hawk.
“The investigators wanted me to keep Dave riled up,” Marshall said. “I was trying to calm him down during the interview, and the investigators told me I was interfering with their investigation by doing that.”
Investigators asked Marshall to question Hawk about the stun gun he purchased a month before Debbie Hawk’s disappearance.
“I bought that thing because I don’t want anyone in my family (expletive) around with guns!” Hawk said. Marshall testified that he thought Hawk bought the weapon strictly for home protection purposes.
Hawk said he didn’t even think about divulging the location of the stun gun when investigators first searched his home.
“It’s a piece of plastic that didn’t work,” he said. “I didn’t think anything about it.”
Marshall will return to the stand this afternoon when court resumes at 1:30 p.m.
10:40 a.m. Aug. 18: A friend of Dave Hawk's who wore an audio surveillance wire to aid investigators was called to testify this morning.
Keith Marshall, an investigator with the Office of the Inspector General, told the court that he wore a body wire on July 21, 2006, and spoke with Hawk in an attempt to illicit information from him.
He confirmed that investigators asked him to get Hawk talking about his driving patterns on the night he was called to the Hanford Police Department for questioning, the purchase of a stun gun and his activities during the time Debbie Hawk disappeared.
Marshall said the presence of the stun gun was what led him to betray his former best friend.
When testimony resumes later this morning, defense attorney Dennis Peterson is expected to play the audio tapes recorded during the wired interview.
4:51 p.m. Aug. 17: Four shotguns, a .22-caliber rifle and a semi-automatic pistol were brought before the court this afternoon and admitted into evidence.
These weapons were seized from Dave Hawk's home on June 24, 2006.
The weapons included a Ithica 20-gauge shotgun, a Remington 12-gauge shotgun, a Browning 12-gauge semi-automatic shotgun, a Winchester .22-caliber rifle, a Browning 20-gauge shotgun and a High Standard semi-automatic .22-caliber pistol. Prosecutors wheeled the small arsenal into the courtroom on a gray metal cart and asked retired Hanford police evidence custodian Tom Scheeringa identify them.
Defense attorney Mark Coleman objected to the lengthy scene but was overruled by the judge.
"Is there any evidence that this gun was used in the crime?" Coleman asked Scheeringa. "Were any of these guns test fired? Were ballistics tests done on them? Is there any connection to the crime scene at all?"
The witness answered "no" to each question.
Coleman pointed out that these weapons are common hunting weapons and are not often used for "home protection."
Court will reconvene on Tuesday at 9 a.m. Check Tuesday's Sentinel for more information about the day's proceedings.
2:57 p.m. Aug. 17: No fingerprints, no DNA and no trace evidence was found in Debbie Hawk's home linking her ex-husband to the scene of the crime, investigators testified this afternoon.
In a heated exchange between the prosecution and the defense, Coleman asked lead Hanford police investigator Darren Matteson if there was any physical connection between the Lemoore man and Debbie Hawk's Hanford home.
"Your investigation was thorough enough to find a small blood stain on Chelsa Hawk's pants, but you couldn't find any trace evidence from Mr. Hawk at the crime scene, is that correct?" Coleman asked Matteson on the stand.
"Yes, that's right," the investigator said.
Also brought before the court was a stun gun Hawk purchased sometime before Debbie's disappearance. The prosecution believes this weapon may have been used in the murder.
Prosecutor Shane Burns pointed out that a defense strap on the weapon was missing when it was collected from Hawk's home. This strap connected to a small pin inside the stun gun, which when pulled free, would not allow the weapon to fire.
Hawk was quoted as saying to a friend at one time that the stun gun "did not work."
Former district attorney investigator Randy Ebner was called to the stand before court took its afternoon recess.
Mary Royer, Hawk's ex-girlfriend, testified last week that she was threatened by investigators who said she would be revealed as Hawk's accomplice in Debbie Hawk's presumed murder.
Defense attorney Dennis Peterson asked Ebner if he accused Royer of being an accomplice.
"I'd have to review the interview transcripts," he responded.
12:17 p.m. Aug. 17: The amount of drug samples carried by Debbie Hawk were so minute as to not warrant further investigation, Detective Darren Matteson said in court.
Matteson testified that he interviewed the Hawk children and Debbie Hawk's supervisor at Schering-Plough and was told that the Hanford woman carried "very little" in the way of drug samples with her.
Defense attorney's for Dave Hawk have implied that Debbie's disappearance may have been drug-related, as the samples she carried could be used in the production of methamphetamine.
Matteson said that in his 28 years with the Hanford Police Department, he's never seen a case where pharmaceutical samples were stolen or someone was robbed of pharmaceutical samples.
A recorded interview with Chelsa Hawk from July 10, 2006 was played before the court.
"I don't remember her carrying any (drug samples) for a while," she said.
Further testimony focused on Hawk's actions around the time of Debbie's disappearance.
Defense attorney Mark Coleman confirmed through Matteson that Hawk was very cooperative with investigators, allowing an initial search of his home without a search warrant and allowing him and his children to be fingerprint scanned and to have their DNA recorded as evidence.
Matteson's testimony will continue at 1:30 p.m.
10:28 a.m. Aug. 17: The investigation of Debbie Hawk's disappearance was the focus of this morning's testimony, as detectives with the Hanford Police Department were called to the stand.
Defense attorney Mark Coleman asked Investigator Gabriel Jimenez if pharmaceuticals were missing from Debbie Hawk's house. The defense implied previously that police overlooked the possibility that Debbie's disappearance was related to her carrying drug samples which could be used in the production of methamphetamine.
"I didn't look for them," Jimenez admitted. "I'm not sure if anyone else did."
Prosecutor Shane Burns fired back, asking "Can you imagine a meth head leaving a laptop at the scene of the crime? Can you imagine a meth head leaving any valuables behind? Can you imagine a meth head not taking anything that wasn't bolted down to turn around and sell for the purchase of more meth?"
"No," Jimenez said. "It didn't seem like any meth burglary I'd ever seen."
Lead investigator on the Hawk case Darren Matteson was called to take the stand next.
7:15 a.m. Aug. 17: Court proceedings in the Dave Hawk trial resume at 9 this morning at Kings County Superior Court. The trial heads into its second full week today, with more witness testimony scheduled.
5:40 p.m. Aug. 14: Court ended today with Dave Hawk's two daughters taking the stand, while his son, Conrad Hawk, is expected to testify Friday.
During Savannah Hawk's testimony, she told the court that her father drove past Debbie Hawk's home on two occasions and took pictures of the residence.
"He was just coasting by with a camera pointed at the house," she said. "I was looking out my bedroom window and saw him."
Savannah said these incidents happened near the end of the school year in 2006, which would have placed them just weeks before Debbie went missing.
Great emphasis was again placed on the exact arrangement of Debbie's bedroom, in particular the way her bedding was folded normally and how it appeared on the day she was discovered missing.
Chelsa Hawk told the court her father had only come into Debbie's home on one occasion, to fix a crashed computer for the children.
Defense attorney Dennis Peterson predicted after court today that the trial may be much shorter than their original estimates of six to eight weeks.
"We may be done with the evidence end of proceedings by next Friday," Peterson said. "Things are moving along much quicker than we anticipated."
3:02 p.m. Aug. 14: Savannah Hawk took the stand this afternoon to talk about the night her mother went missing three years ago.
"We were really close," she told the court in a quiet voice. "Our life was comfortable. Things were family oriented."
Prosecutor Shane Burns asked several questions regarding the layout of Debbie Hawk's bedroom and the way the bed was frequently made by the Hanford woman.
When shown pictures of the crime scene, she said "My mom normally kept it more neat than that."
12:19 p.m. Aug. 14: The prosecution admitted roughly 100 photographs of Debbie Hawk's home into evidence this morning.
The images followed the blood trial from Debbie's bedside, down the hall, past the kitchen, through the laundry room and into the garage, where the Hanford woman was apparently loaded into her own van before being driven away to a grisly fate.
Special attention was also paid to the arrangement of Debbie's bed, which was remade sometime after the attack. During Hawk's preliminary hearing on Aug. 14, 2008, prosecutors said that the intent of the attacker was to make Debbie "disappear without a trace." However, when Debbie's three children arrived home on June 13, 2006, they noticed that the bedding was not folded in the same fashion characteristic of their mother.
Prosecutor Shane Burns said on Wednesday that the Hawk children may be called to testify sometime today.
10:38 a.m. Aug. 14: Images of Debbie Hawk's home on Taragon Avenue were displayed before the court this morning as prosecutor Shane Burns reconstructed the scene of the Hanford woman's disappearance.
Retired Hanford police Officer Mark Dillon was called to the stand to identify several photos of the residence taken on June 13, 2006.
Pictured was Debbie's master bedroom, where red stains were found on the carpet near her bed.
Also called to testify was Marlene Dunn, a computer forensic analyst for the Kings County District Attorney's Office. She told the court that she recovered e-mails from Dave Hawk's computer indicating his May 3, 2006 online purchase of a stun gun.
The prosecution maintains Hawk purchased the weapon with the intent of using it in the abduction and presumed murder of Debbie Hawk.
Defense attorney Mark Coleman was quick to point out, however, that Hawk's computer was not password protected, nor was any effort made to conceal the e-mails. The letters had not even been deleted off the hard drive prior to recovery, Dunn said.
5:40 p.m. Aug. 12: Prosecuting attorneys called their final financial witness today, opening the way for further testimony about the murder allegation against the Lemoore man accused of killing his ex-wife.
“Things are moving along quicker than we expected,” prosecutor Shane Burns said outside the courtroom. “We figured the financial side of the case would last all week, but here it is Wednesday and we’re already moving on to the rest.”
Prosecutors called several witnesses to the stand today to talk about Hawk’s finances from 2001 to 2005.
Heidi Gutierrez, a tax evasion investigator, told the court that during that time period, Hawk did not file federal income tax forms.
Prosecutor Larry Crouch asked the investigator look over several income tax documents filled out by Hawk that, according to Gutierrez, were never filed with the Internal Revenue Service.
She provided a breakdown of how much taxable income Hawk was receiving during that time that should have been reported to the government. The smallest amount was $28,000 and the highest just over $131,000.
The day’s testimony was rounded out by several neighbors who lived near Debbie Hawk’s Hanford home describing the night of the disappearance.
Janet Hughes said she was awakened about 2 a.m. by an “uncontrolled” scream. She rushed to her backyard patio at the same time as her mother, who was also awakened by the same sound.
“It was the sound of something dying, something animal-like, a cry from the gut,” Hughes said. “Then it just stopped dead.”
Burns said that Dave Hawk’s three children may be called to testify Thursday.
Check Thursday’s Sentinel for a more detailed account.
12:39 p.m. Aug. 12: The child support dispute between Dave and Debbie Hawk took center stage in this morning’s court proceedings.
Kim Aguirre, Debbie Hawk’s child custody attorney, discussed the legal battle between the embittered divorcees leading right up to Debbie’s disappearance.
“We were requesting modification of child support,” Aguirre said. “We were asking for copies of Mr. Hawk’s financial documents and he thought we didn’t have a right to them.”
Income tax forms were apparently filed by Dave Hawk that sent up a “red flag” for Aguirre, indicating that something was amiss.
In 2002 and 2003, Hawk’s forms showed that he had “no taxable income,” according to Aguirre, yet he continued to pay off his roughly $14,000 mortgage.
Hawk’s attorney filed a motion to quash Aguirre’s requests to get his financial documents, but they arrived in the lawyer’s hands anyway. The contents of those documents would have been revealed at a July 2006 hearing — except Debbie Hawk disappeared prior to the court date.
Aguirre’s testimony will continue this afternoon.
10:52 a.m. Aug. 12: The testimony of Mary Royer, Dave Hawk's ex-girlfriend, continues this morning.
Royer said on the stand that investigators asked her "what could be done to hurt" Hawk in a ploy to drive him to the breaking point.
"I told them his computers and his church were very important to him," Royer said. "The next day, they confiscated his computers as evidence and conducted a search warrant at his church and questioned the parishoners."
A good deal of the testimony lingered on a quote Royer once described as Hawk's "mantra," that "This is not going to stop until that (expletive) (expletive) is dead."
Defense attorney Mark Coleman asked if Royer considered this statement a threat against Hawk's ex-wife, Debbie. Royer said "I just took it to mean these problems were going to continue for the rest of their lives. I never ever thought Hawk was talking about killing her."
Coleman also asked Royer directly if she had any involvement in Debbie Hawk's disappearance.
"No, I did not," Royer said. "I still love Dave, I always will, but I would never lie for him."
The prosecution is setting up audio recordings of Royer's previous police interviews to be played when court returns from recess ar 11 a..m.
5:03: p.m. Aug. 11: Tears came to Mary Royer’s eyes this afternoon at the thought of the multiple repeated interrogations she endured.
Defense attorney Mark Coleman made a show of slamming two 6-inch-thick binders down in front of Royer, then asking, “Can you see the jury from behind those?”
The binders contained more than 1,000 pages of transcripts from the 12 interviews Royer has endured since Debbie Hawk disappeared in 2006.
Title: Dave Hawk
Date: Aug. 11th, 2009
Dave Hawk time line of events.
VIEW TIMELINE »
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Royer acknowledged that she received numerous threats from investigators, including threats to take her three children away, to put her parents in jail or that she would be exposed as a co-conspirator alongside Dave Hawk.
“They never asked about the good things in our relationship,” said Royer, Hawk’s ex-girlfriend. “They just wanted to know the bad things he said about her. Every alley went to Dave in this investigation.”
She said she could “never fully wrap” her head around the allegations that Hawk had killed his ex-wife, even when she was interviewed by the FBI.
“I tried to be the best help I could be,” Royer said. “They said they had a mountain of evidence against him. It was less than a month after she disappeared and they only blamed David. Any other possibility I brought up, they immediately shot it down.”
Royer broke into tears again when Coleman asked if she covered for Hawk by lying to investigators.
“I couldn’t even think about Dave,” she said between sobs. “My concern was me and my children.”
Judge Daniel Creed brought the day’s testimony to a close with Royer's final statement. She is expected to take the stand again Wednesday morning.
3:09 p.m. Aug. 11: Vacations, car payments and other aspects of the financial dynamic between Dave Hawk and his then-girlfriend Mary Royer took center stage in this afternoon's testimony.
Prosecutor Larry Crouch asked Royer to discuss a trip the pair made to Hawaii in March 2006 and the gift purchase of a Lexus for Royer. When the pair returned from the trip, Hawk announced that he was "out of money," she said.
When asked for more details about their financial situation, Royer said she had "very limited involvement" with it.
Crouch asked loudly, "You're paying all the bills, how can you be more involved than that?"
His statement brought objections from the defense.
Royer will take the stand again after this afternoon's brief recess. The defense has yet to question Royer before the court.
12:42 p.m. Aug. 11: Dave Hawk’s ex-girlfriend, Mary Royer, was called before the court this morning to testify about the pair’s financial situation during their five-year relationship.
Royer said that Hawk received $500 a month from his father, Stan Hawk, to tend to a 40-acre almond orchard. Beyond that, Royer said Hawk remained unemployed until their relationship dissolved in November 2005.
Hawk held a job when Royer first met him, but he quit since “the work hours were too long and he couldn’t see his kids as much as he wanted,” Royer said.
Prosecutor Larry Crouch grilled Royer on how they were able to pay the bills on such a limited income.
“Dave frequently made deposits to our joint bank account,” she said. “He said they were from investments, but I never asked about them.”
Finances are the key element to this case, as Hawk is charged with murder for financial gain for the disappearance of his ex-wife Debbie Hawk, as well as the theft of $337,959.32 from his children’s trust funds.
Federal Bureau of Investigations financial analyst Carole Donovan appeared before the court to discuss numerous deposits and withdrawals from Hawk’s bank account and from the trust funds from 2000 to 2006.
Donovan was tasked with “following the money” and made detailed reports of where money was coming from and going to over the years. However, when asked by defense attorney Mark Coleman, she specified that she did not categorize the expenditures based on what they were used for.
“I was asked to obtain the records and put them into Microsoft Excel,” Donovan said. “It was strictly a simple analysis. We made no attempt to figure out what the money was used for, we just watched the flow of money.”
It appeared that the prosecution wanted the court to believe that Hawk was living almost entirely off the money taken from the trust funds. Coleman, however, pointed to a complete lack of luxury expenditures in the account, and said there was no evidence that Hawk had been living a lavish lifestyle with these funds.
10:25 a.m. Aug. 11: FBI financial analyst Carole Donovan was the first witness for the prosecution called today. She has done a lengthy investigation of Hawk's financial records.
This morning Donovan gave a complete rundown of all deposits and withdrawals from both Dave Hawk's bank account and the children's trust fund.
She gave a year-by-year summary of all financial transactions. For 2004, she said $105,234 was deposited in the trust fund and $51,000 was withdrawn by Hawk. In 2005 the amount deposited was $47,747 and the amount withdrawn was $23,250.
No context was given, but it appears the prosecution is trying to infer that Dave Hawk was living off the trust fund account for several years.
11:30 a.m. Aug. 10: Prosecutors concluded opening statements at 10:45 a.m. in the opening day of the trial for Dave Hawk, the Lemoore man accused of murdering his ex-wife.
Opening statements by the prosecution lasted an hour, 15 minutes, and a majority of the statement was presented by prosecutor Shane Burns. The statement focused on the theft of money from a trust fund set up for the Hawk children.
Prosecutors said a total amount of $337,959.22 was taken from the fund between January 2001 and June 2006. Debbie Hawk went missing in June 2006, and her body has never been recovered.
3:46 p.m. Aug. 10: The first three prosecution witnesses testified this afternoon during the first day of the murder trial of Dave Hawk, accused of killing his former wife.
The witnesses included William Triantis, father of Hawk’s ex-wife Debbie; and Stanley Hawk, Hawk’s father. The third witness in the early afternoon was Hanford police Investigator Richard Pontecorvo.
Much of the testimony dealt with the setup and purpose of trust funds for the Hawk children. Court was scheduled to remain in session until 4:30 p.m.
Earlier today, both the prosecution and defense teams made opening statements to the jury.
Court took a break at the conclusion of the prosecution’s opening arguments, and resumed later in the morning with Hawk’s defense team presenting its opening statements.
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