Trap (9781476793177) (24 page)

“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.

“Yes.”

“What did you discover?”

“I did run a quick criminal background check,” Fulton replied. “There was nothing major. A couple of citations for vandalism. There was a notation that he was a suspect in attacks on Jewish businesses last November.”

“That would have been the anniversary of Kristallnacht, an event in Nazi Germany and Austria in 1938 in which Nazis destroyed Jewish businesses, as well as assaulting and murdering Jewish citizens of those countries.”

“That's correct.”

“Were you able to learn anything else about Mr. Forsling?”

“He was considered to be one of the leaders of a group of neo-Nazis who gathered regularly at a bar called The Storm Trooper in Hell's Kitchen,” Fulton said. “It's a small group, and not particularly notable, but active enough to have come to the attention of the NYPD Gang Unit.”

“In reviewing what you could find about Mr. Forsling's activities, was there any record of him acting violently against other people?”

“Nothing specific,” Fulton said. “These guys are always threatening to ‘defend themselves' against minorities and ethnic groups by resorting to violence, and there were some members of this group associated with having records for violent crimes—one Jim Gerlach in particular. But Forsling seemed to be all mouth . . . at least at that point.”

Karp held up the sheaf of papers. “Detective Fulton, I am handing you the transcript of the interrogation of Mr. Forsling, marked as People's Exhibit 22. Would you take a moment to look it over and tell the jury whether you believe it to be a fair and accurate representation of that event?”

As Fulton quickly scanned the transcript, Karp again returned to the rail alongside the jury box. “This appears to be a fair and accurate representation of the interview with Mr. Forsling,” the detective said.

“And this is an actual transcript of the conversation as it was taken down by a stenographer?”

“Yes, by Mrs. Mason, who I believe has been with the DA's office for more than twenty years.”

“Detective Fulton, how would you describe Mr. Forsling's attitude during this interrogation?” Karp asked.

“Belligerent,” Fulton said. “Paranoid.”

“Did he use epithets and racist remarks when referring to you and me?”

“Frequently.”

“If you'd refer to the second page of the transcript,” Karp said, “what was the first question he asked?”

“He asked, ‘Am I under arrest for the bomb?' ”

“And my response was?”

“You said, ‘You were arrested for disobeying the lawful command of a police officer.' And then you asked him if he was willing to answer your questions.”

“Did he have a concern that something might happen to him if he didn't answer my questions? I'm referring to his response a few lines down from his question.”

“Yes, he pointed at me and said, ‘And if I'm not, you'll have your house nigger beat me up.' ”

“Did you respond to this provocation?”

Fulton laughed. “If I had a nickel for every time some suspect referred to me as a nigger, I could have retired from the force a long time ago. No, I didn't respond.”

“Did Mr. Forsling make any comments indicating he believed that he was being ‘set up' by law enforcement to take the fall for the car bomb? I'm referring to his comments on pages three and four.”