Trap (9781476793177)

by Tanenbaum, Robert K.

“Were you aware that someone was trapped upstairs?”

  Loselle nodded. “My men heard a woman screaming for help,” he said. “One of my guys, Firefighter Kevin Gilbert, tried to reach her but couldn’t because the roof collapsed. He was a real hero—suffered burns and a significant back injury.”

  “Were you able to determine the cause of the fire?”

  “Yes. The investigation concluded that there were no accelerants used, which is the first clue you look for in arson. But we were able to determine that the victim had been smoking in bed and apparently fell asleep. The cigarette ignited trash on the floor and it spread pretty quickly from there.”

  “Later that afternoon were you still at the scene when you were contacted by a young male?”

  “Yes, we were just wrapping up when we had to stop a young man from entering the domicile. He subsequently identified himself as an occupant of the house. He said he lived there with his mother.”

  “What, if anything, did you tell him at that point?”

  “I informed him that his mother was deceased.”

  “And what was his reaction?”

  “He became distraught,” Loselle said. “And angry.”

  “Did he blame anyone for his mother’s death?”

  “Yes, excuse my language,” Loselle apologized to the jury, “he blamed a ‘fucking Jew and his nigger cop.’ Then he said, ‘I’ll show that bastard Karp that two can play this game.’ ”

  “What was your response?”

  “I asked him if he meant you. But he took off.”

  Karp handed Loselle a photograph. “Captain, I’m giving you a photograph, People’s Exhibit 21 in evidence. Do you recognize the individual in the photograph?”

  Loselle looked at the photograph and nodded. “Yes, that’s him.”

  “Your honor,” Karp said, “the record will reflect that the witness identified a photograph previously identified as Lars Forsling. I have no further questions.”

  Mendelbaum was on his feet and had positioned himself in front of the jury before Rainsford finished asking if he wanted to cross-examine the witness. “Captain Loselle, did this individual, Mr. Forsling, seem rational to you?”

  “No, he didn’t.”

  “Did he threaten to get even with a, and I quote, ‘fucking Jew and his nigger cop’?”

  “Yes, he did.”

  “And Captain Loselle, did he strike you as the sort of individual who might plant a bomb to kill Jews?”

  “Objection,” Karp protested, rising to his feet.

  “I’ll withdraw the question,” Mendelbaum said with a smile. “And I have no more questions.”

  After Loselle left the stand, the judge adjourned early, saying he had some other docket matters to attend to. “See you all tomorrow morning?”

  20

  “THE PEOPLE CALL DETECTIVE CLAY Fulton.”

  As soon as Fulton, who’d been sitting in the first row behind the prosecution table as the trial resumed the next morning, stood up, Mendelbaum jumped to his feet. “Your honor, the defense objects to this witness being allowed to testify. The defense believes that my esteemed colleague, Mr. Karp, will be attempting to elicit testimony that will be based on hearsay.

  “The witness will be asked to testify about the interrogation of one Lars Forsling, who as you know we contend should be the defendant in this case, not Mrs. Stone. As you also are aware, Mr. Forsling is dead, and therefore he can’t be cross-examined as to his statements, nor as to the veracity of Detective Fulton’s recollection of those events.”

  The judge looked at Karp, who had remained on his feet, waiting for Fulton. “Mr. Karp?”

  “First, your honor, it is important to note that I, the prosecution, turned over to the defense the dying declaration made by Forsling; such a statement is an exception to the hearsay rules of evidence.”

  Karp continued, “The defense wants to persuade the jury that Forsling is the bomber who murdered the deceaseds in this case. Hearsay is an out-of-court statement made by the declarant and offered for the truth of the matter asserted. However, in order for the jury to decide if the Forsling dying declaration is trustworthy, all the facts and circumstances must be known to the jury so that the dying declaration can be scrutinized with all the other evidence in context. The chief of the District Attorney’s Office detective squad will assist the jury by providing that context. I ask the court to admit this testimony, subject to connection on this crucial evidentiary issue.”

  Looking over at Mendelbaum, who regarded him with arched eyebrows like one of his former law school professors looking for a weakness in his arguments, Karp smiled and shook his head. “One last point, your honor, Mr. Mendelbaum is trying to have his cake and eat it, too. He wants Forsling’s ‘dying dec’ introduced as an exception to the hearsay rule, but wants to exclude other statements made by Forsling to Detective Fulton, our office steno, Mrs. Carole Mason, and me.”

  “Ah, but those statements were not made with the Grim Reaper and all of eternity looming over Mr. Forsling’s tattooed head, and therefore under the law are considered inherently untrustworthy, and do not carry the same weight as those of a man who knows that the moment of judgment is at hand,” Mendelbaum replied.

  “The evidence in this case will demonstrate, your honor, that Forsling from his own statements and actions was obsessed with seeking vengeance against Detective Fulton and me because of his delusional, wrong-headed, far-fetched belief that we were responsible for the death of his mother,” Karp countered. “That’s why he kidnapped my two sons, and Mrs. Goldie Sobelman, and made clear he did it to seek vengeance. In furtherance of that delusional belief, he was in the process of trying to kill all three of them. We will learn from the evidence that his dying dec was nothing more than his last-gasp effort to get back at me.”

  Rainsford looked from one attorney to the other and nodded. “I’m going to allow Detective Fulton to testify with the caveat that you prove, Mr. Karp, all that you just said. Mr. Karp, you may now proceed.”

  Mendelbaum, as he passed Karp on the way back to the defense table, whispered, “Sometimes you have to throw the matzo balls against the wall to see what sticks.”

  Shaking his head, Karp smiled. Fulton, who’d waited calmly for the lawyers to argue, now stepped up onto the witness stand. A seasoned pro at testifying, he stood tall as he was sworn in by chief court clerk James Farley. He then settled his large frame into the seat and turned toward the judge.

  “One moment, Mr. Karp, before you question the witness I want to take a moment with the jury,” Rainsford said. “Ladies and gentlemen, generally these legal type arguments are heard at sidebar on the record, outside the hearing of the jury. However, since Mr. Mendelbaum objected to the witness testifying and initiated his legal argument in front of you, the jury, I permitted the legal argument to be fully aired for all of you to hear and I’m sure to understand. I determine the admissibility of evidence, and if it is trustworthy, I permit you to decide whether or not you will accept it in your final determination in this case. In making that determination you should take into account the demeanor of witnesses and the context in which evidence is offered. You may now proceed, Mr. Karp.”

  Karp then quickly walked the detective through his career with the NYPD up to his current position as the head of the special unit of NYPD detectives assigned to work for the district attorney as investigators. He then brought him to the night of Rose Lubinsky’s book signing at Il Buon Pane. “Was there a reason why you and other police officers were at this particular event?”

  “Yes, we’d been informed that a crowd of protesters were gathering across the street from the bakery,” Fulton replied. “Officers were dispatched for crowd control, and I was present in a supervisory capacity.”

  “Can you describe the composition of this group of protesters?”

  “Yes, they were mostly comprised of what the NYPD Gang Unit describes as white supremacists and/or neo-Nazis, sometimes referred to in the media as ‘skinheads,�
�� though that is a misnomer.”

  “And why would using the term ‘skinhead’ be inaccurate?” Karp asked.

  “Well, the so-called ‘skinhead movement,’ or group, started in England as a working-class youth subculture comprised of whites and blacks,” Fulton explained. “They were identifiable by some of their dress, such as Doc Martens boots, as well as shaving their scalps, thus the term ‘skinheads.’ However, it wasn’t until this subculture arrived in the United States that it took an offshoot lean toward white supremacist ideology. They’ve kept the clothing and the bald heads, but ‘real’ skinheads both here and in England actually resent the racism and fascist ideology. The two groups will even clash if they encounter one another.”

  “So even though the media might refer to that group demonstrating across the street from Il Buon Pane as ‘skinheads,’ it is more accurate to identify them as Nazis and racists?”

  “That’s correct.”

  “Who or what were they protesting?”

  “The who would be one of the deceased, Rose Lubinsky, and the what would be a book she wrote describing her experiences during World War II as a young Jewish girl in Poland,” Fulton said. “She was given by her parents to a Christian couple to save her from being deported to the Nazi death camps, where her parents and siblings perished. These neo-Nazis deny that the Holocaust occurred and were protesting the book as promoting what they call the ‘lies’ about what happened to Jews, as well as other minorities, during World War II in Nazi-controlled areas.”

  “Are these neo-Nazis sometimes known for unprovoked violence against minorities and ethnic groups, including blacks and Jews?”

  “Yes. They are frequently involved in assaults on both property and people, including some fatalities. These incidents often are prosecuted under ‘hate crime’ statutes.”

  “You testified about the presence of NYPD officers and yourself for crowd control. Were these neo-Nazis the only protesters present?”

  “No. After word got out that the Nazis were there, a crowd of what you might call counterprotesters assembled.”

  “Can you describe the composition of this group?”

  “It was somewhat mixed,” Fulton responded. “Mostly locals, I’d say, who didn’t appreciate the presence of neo-Nazis and racists in their neighborhood, which is mixed as far as race and ethnicity. There were also people who had come to support Rose Lubinsky.”

  “Detective Fulton, you’ve described the deceased, Rose Lubinsky, as an author and survivor of the Holocaust. As it relates to this homicide investigation, are you aware of her having any other occupations or causes that she was involved in?” Karp asked.

  “Yes. After a long career as a teacher in the New York public school system, Mrs. Lubinsky had been involved for many years in the charter school movement,” Fulton said. “At the time of her death, she was the president of the New York Charter Schools Association.”

  “And was there something in particular regarding her position as the president of the charter schools association that became of interest during the homicide investigation?”

  “Yes,” Fulton said. “She was the author of a bill that had been introduced to the New York State Assembly.”

  “In general, what was the purpose of this bill such as you understand it?”

  “Basically, it would have put charter schools on a more equal footing with public schools for government funding, as well as removing impediments to the growth of the charter school system and access for students interested in attending charter schools,” Fulton said.

  “Were there any other particular provisions of this bill that were of note to the investigation?” Karp said as he casually walked over toward the defense table, drawing the jurors’ eyes.

  “Actually, two,” Fulton said. “In general, the bill would have been a potentially serious blow to public schools and public school teachers unions because it would have impacted them financially. But there was also a provision that called for an audit of the Greater New York Teachers Federation that came to our attention during the investigation.”

  “Did the Greater New York Teachers Federation oppose this legislation?”

  “Yes, the federation was on record as opposing the legislation,” Fulton replied.

  “And who was the president of the Greater New York Teachers Federation at the time?”

  “Thomas ‘Tommy’ Monroe.”

  Karp turned toward the defense table and stared down at the defendant Olivia Stone, who glared back up at him before looking away. “And what, if anything, was the defendant’s affiliation, past or present, with the teachers union?”

  “At one time she was chief counsel for the union and reported to Monroe.”

  “After she left that position, did she have any other association with the union?”

  “Yes, the teachers union supported her election for DA of Kings County, Brooklyn.”

  “What became of the charter school legislation after the death of Rose Lubinsky?”

  “That was nine months ago, but it’s my understanding that it was tabled for the time being.”

  “So the death of Mrs. Lubinsky achieved the union’s goal of at least delaying the state assembly vote on this bill?”

  “Objection!” Mendelbaum shouted.

  “Sustained,” Rainsford said. “Mr. Karp, please let’s not assume facts not in evidence.”

  Walking over to the jury box, Karp looked up at Fulton. “Returning to the night of the murders, would it be safe to assume that the objective of the police officers present for crowd control was to protect those attending the book signing, as well as keep the two opposing groups of demonstrators apart?”

  “That’s correct.”

  Karp pointed at the diagram. “Detective Fulton, would you please look at People’s 1 in evidence.”

  Fulton reached into the interior pocket of his suitcoat and carefully removed a pair of dark-rimmed glasses that he placed on his broad brown face. “I can now,” he said with a smile.

  Karp smiled back; his friend resisted wearing glasses unless absolutely necessary. “They make me look old, just like the gray hairs on my temples,” he’d complained that morning in Karp’s office.

  “You can see the circles representing where the two opposing groups were assembled, marked ‘Nazis’ and ‘Locals,’ as well as the area marked ‘bakery,’ a circle marked ‘Lubinsky car,’ and another circle marked ‘police car’?”

  “Yes, quite clearly.”

  “Would you say the diagram fairly and accurately represents the location of these various items as they were on the night of the murders?”

  “Yes.”

  “Did you see Lars Forsling that night in the circle marked ‘Nazis’?”

  “At that time, I didn’t know what his name was,” Fulton said. “However, I did see a young man, who I later learned was Mr. Forsling.”

  “Was there anything about him that caused you to notice him?”

  “He was hard to miss,” Fulton replied. “For one thing, he had tattoos on his face. But he was also apparently the leader of that group and the most vociferous.”

  “Was there something else that happened that night that brought Mr. Forsling to your attention? And if so, would you explain the circumstances?”

  “Yes. The crowd control officers did their best to contain the groups in specified areas and away from each other and the bakery,” Fulton said. “However, the protesters were welcome to leave so long as they didn’t try to circumvent the ground rules. In fact, it was a very cold night, and many of the protesters on both sides didn’t last long. At some point, Mr. Forsling walked away from the area designated for his group, but instead of leaving, he circled around and was apprehended on the street near the area designated on the diagram as Mrs. Lubinsky’s car.”

  “You said ‘apprehended.’ So he was arrested?”

  “Yes, he’d been told to remain out of that area, and he was placed under arrest for disobeying a lawful command by a police officer.�
�

  “What happened to him at that point?”

  “He was placed in a squad car—marked ‘police car’ on the diagram—until we could spare the manpower to take him to The Tombs.”

  “The Tombs, by which you mean the jail in lower Manhattan, located at 100 Centre Street inside this courthouse building?”

  “Yes. It sits at the northern end of this building complex.”

  “Was it at this point that you learned his name?”

  “Yes . . . though not immediately . . . the arresting officer was black and Mr. Forsling initially refused to give his name and had no other identification on him. However, he gave his name to a white officer, who then told me.”

  “Was Mr. Forsling eventually transported downtown?”

  “Yes.”

  “What happened between his arrest and being taken downtown?”

  “The bomb was detonated.”

  “At that time killing Miss Calebras and Miss Mohammad, and mortally wounding Rose Lubinsky.”

  “Yes.”

  “Thereafter, Mr. Forsling was taken immediately to The Tombs?”

  “Yes, and then was taken to your office located in the southern end of this building at 100 Centre Street.”

  “I requested this so that he could be interrogated about his possible involvement in the attack on the three women?”

  “Yes.”

  “And you were present during this interrogation, as was Mrs. Carole Mason, a stenographer who works for the District Attorney’s Office?”

  “That’s correct.”

  Karp left his place at the jury box and walked over to the prosecution table, where Assistant DA Kenny Katz handed him a photograph. Returning to the witness dais, he handed the photograph to Fulton. “Detective Fulton, I’m handing you People’s Exhibit 21. Is this the man who was arrested, placed in the police car, and then brought to my office to be interrogated?”

  “Yes, that’s Lars Forsling.” He handed the photograph back down to Karp, who walked it back over to the prosecution table, where he set it down and picked up a sheaf of papers.

  “Prior to the interrogation, were you able to review the criminal history of Mr. Forsling?” Karp asked.