Detective testifies in murder hearing
Defense focuses on discrediting suspect’s confession to police
Though a Eureka man originally told police he fatally shot his friend after an argument, his defense attorney presented an image of an incomplete investigation and a man who didn’t have his wits about him when he confessed to the crime.
David Alan Kobak, 77, who is being charged with the murder of his longtime friend Frederick William Loftus on Aug. 25, 2017, initially called 911 and said he had shot Loftus, Eureka Police Department Detective Ron Harpham testified Tuesday at the Humboldt County courthouse.
Dispatch told him “the person who shot Fred would be outside the apartment ready to surrender,” Harpham said.
When Harpham interviewed Kobak, he said Kobak said he shot his best friend without offering up all the details.
However, Deputy Public Defender Casey Russo’s cross-examination of Harpham focused on questions around whether Kobak’s memory — he kept post-it notes with contact information and birthdays for family and friends around his apartment — level of intoxication and potential state of shock were taken into consideration while he was being interviewed.
Russo focused on the fact that Harpham’s interview included leading questions where the answer was suggested in the question rather than left ambiguous.
But Harpham said sometimes leading questions are necessary because it can “fill in the memory for him.”
Kobak appeared to be of normal intelligence and didn’t seem like a person who would be vulnerable to suggestion, Harpham said.
“He appeared to be truthful about everything I spoke to him about,” Harpham said.
When questioned by Deputy District Attorney Whitney Timm, Harpham said he understood a person in shock to be shaking uncontrollably and unable to speak while a person who is drunk might answer questions in a silly manner and might impair their motor skills, none of which he saw in Kobak.
Russo focused his questions on whether different people respond to the influence of alcohol differently, which Harpham said they did.
There was only one topic area where Harpham said he couldn’t get answers out of Kobak and that was related to what Loftus said to Kobak to make him so mad.
Harpham said when someone isn’t answering questions, there’s no way for him to tell whether it’s because they’re withholding information, lying or are having memory issues.
“There’s no way for me to know that,” he said.
Harpham said detectives didn’t question anyone at Ernie’s Bar, where Kobak and Loftus had been drinking earlier in the day. When asked by Russo if Harpham thought that might have been useful information for the jury, he said no.
Russo also pointed out threatening, expletiveladen text messages that had been sent to Kobak by Loftus, and to which Kobak had replied he was making dinner and telling Loftus not to be rude.
Kobak is being held at the Humboldt County jail with his bond set at $2 million.