The Manhattan man who accused Ocean Beach police of beating him so badly his bladder burst didn't contest Friday under cross-examination defense claims that he had a dozen or more drinks that night and hurled profanity at police before he was injured.
The department's former acting chief, George Hesse, 39, of East Islip, has been charged with attacking Sam Gilberd, 36, on Aug. 28, 2005, after the marketing executive kicked a door on his way out of the police station.
Hesse's lawyer, William Keahon of Islandia, cross-examined Gilberd Friday in a Riverhead courtroom and asked him if he had any memory of becoming profanely belligerent with police after he was ticketed, including shouting epithets at an officer.
"I don't recall saying that," Gilberd said after Keahon repeated the quote in question. "I don't really use language like that."
If someone says you did under oath, are they lying? Keahon pressed.
"If there's somebody that says I used language like that, I must have said it," Gilberd replied quietly.
During several hours of cross-examination, Gilberd said there were many details of the evening he did not recall. Among them was the moment he tossed a glass on the ground outside a bar - the event that spurred a bouncer to take Gilberd to the village's police station to receive the littering summons.
After Gilberd pocketed the ticket, both sides say he kicked the police station's front door as he left.
Officers pulled him back inside, where prosecutors said Hesse punched Gilberd in the face, stomped his abdomen with a work boot and left him on the ground unconscious.
Prosecutors said another officer, Arnold Hardman, 53, of St. James, failed to seek medical attention for Gilberd and lied to first responders about the extent of his injuries. Hardman is charged with unlawful imprisonment, conspiracy and other charges. Hesse faces first-degree assault, gang assault and other charges.
Lawyers for both defendants say Gilberd's bladder ruptured because of a fall.
Keahon spent much of yesterday's cross-examination aggressively pursuing a running tally of drinks he said Gilberd consumed that evening, saying evidence indicated the witness must have had "a minimum of 12 to 18 drinks."
"I don't recall, sir," Gilberd replied.
"Are you in a position to deny it?" Keahon said.
Gilberd admitted he was not.
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http://www.newsday.com/news/local/suffolk/ny-licop146068684mar14,0,2404217.story
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