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April 24, 2014

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Hawk Trial Jury Hears
Ex-Wife's Testimony

Sun photo by O.J. Early

Crystal Goan holds a photograph of a room where she was allegedly assaulted by her husband, state Rep. David Hawk, in March 2012. The couple are now divorced. Hawk maintains his innocence of the charges. Goan testified for the prosecution Tuesday at Hawk’s Greene County Criminal Court trial.

Originally published: 2013-09-18 10:43:04
Last modified: 2013-09-18 10:44:38
 


BY KEN LITTLE

STAFF WRITER

Crystal Goan testified Tuesday that she was physically assaulted and "terrified" by the actions of husband David Hawk early on March 18, 2012, after the two argued over a text message Hawk claimed she received.

On cross-examination, defense lawyer Thomas Dillard asked Goan about a previous civil case in U.S. District Court involving her first husband.

The cross-examination brought out potentially damaging details about that case and called Goan's credibility into question.

Hawk, a six-term state representative from Greeneville, is charged with aggravated assault in connection with the injuries suffered by Goan.

Prosecution testimony wrapped up Tuesday afternoon on the second day of Hawk's trial in Greene County Criminal Court.

Hawk, 45, has maintained his innocence of the charges against him.

He is expected to testify in his own defense today. The seven-woman, five-man jury will likely get the case later in the day, presiding Senior Judge Paul G. Summers said.

GOAN TESTIMONY

Goan and Hawk finalized their divorce last week.

She testified Tuesday that Hawk was a jealous husband, and their marital situation worsened through March 17, 2012, when the couple attended an evening charity function in Greeneville.

Hawk was a different person in public than he was at home, Goan testified.

Goan, a Greeneville lawyer, told special prosecutor Joseph Baugh that she and Hawk returned home from the Greeneville Arts Council function about 10 p.m. after picking up their 11-month-old daughter from Hawk's parents' house.

Goan testified that she went to bed before Hawk, shutting off her cellphone before doing so.

She testified that Hawk woke her up about an hour later, grabbed her by the arm, called her an obscene name and threw her to the floor.

"When he pulled me off the bed, he grabbed me by the left arm and he dragged me about 12 feet," Goan said.

Hawk accused Goan of having an affair, which she denied.

"I was crying and pleading with him to calm down. He said, 'I got all your messages from your boyfriends,'" Goan testified.

Hawk's loud tone of voice woke up their daughter, Goan said.

Goan testified that, when she went upstairs to the baby's bedroom, he ran in front of her, closed the door and wouldn't let her in.

"I begged him to let me in," but without success, Goan said.

NO CELLPHONE

Goan said Hawk took her cellphone and had possession of all the phones in the house except for a landline downstairs.

She testified that she used that phone to call her legal assistant, Farah Nelson, who contacted Hawk and attempted to calm the situation down.

Goan said she lay down on the floor with a pillow and blanket outside the bedroom door and tried to sleep, but was unable to do so.

She decided to pack all her daughter's belongings in her car in the event she was able to get the baby and leave the house.

Goan agreed with Baugh that she should have called the police, but did not.

She testified that about 6 a.m. on March 18, 2012, she heard the baby crying and pleaded with Hawk to let her "console her daughter."

Goan testified that she was able to get into the bedroom. Hawk was asleep on the couch, but woke up and stood by the door, she said.

"I said, 'Let me take her to my parents' house,'" but Hawk would not relent, Goan testified.

Goan said she opened a bedroom window and started screaming for help. By her reckoning, it was about 7:30 a.m.

"He said, 'We're all getting out together or not at all,'" Goan testified.

ALLEGED ASSAULT

Goan said she picked up Hawk's cellphone to call the police, but there was no dial tone. Goan testified that she was holding the baby with her left arm and a baby bottle in the right when he grabbed her by the belt loop and moved her to a couch.

"I was going to get up, and he's pushing me on my upper arm and reached around to get the baby," she testified. "I could see a hand coming, and he just hit me."

Goan testified that she was struck in the face, near her right eye.
"He punched me, he beat me. It was the hardest hit you could imagine," she said.

Goan testified that she lost consciousness, but wasn't sure for how long. When she came to, Goan said Hawk and the baby were gone.

Goan told the court under questioning by prosecutor Baugh that, during the first alleged incident of assault, she suffered bruising to her arms and legs and a cut lip.

She testified that, when Hawk allegedly struck her about 7:30 a.m. on March 18, she suffered facial bruising on the right cheek that turned into a black eye -- what Baugh later called a "goose knot."

During her testimony, Goan reviewed photographs of her injuries and the areas of the house where the alleged assault occurred.

After being placed into evidence, the photographs were examined by the jury.

CALLS DEPUTY

Goan testified that, when she realized that neither her daughter nor Hawk was in the house, she ran outside, got in her car and went to Nelson's house.

When she arrived, Nelson's cellphone was used to call sheriff's Auxiliary Deputy Craig Bowlby, who arrived within minutes.

He told Goan that he had to report her injuries.

Deputy Michael MacDonald got to the home at West Ridgefield Court minutes later and took charge of the investigation, which resulted in charges being filed against Hawk as the "primary aggressor," MacDonald testified on Monday.

Goan compared the pain from the injuries she suffered to being in a car wreck.

"I was jarred and shoved for six hours," she testified.

Goan denied the allegation of Hawk that she had pointed a gun at him the morning of March 18 while he was holding the baby.

Goan testified that she did not have a gun in the house, and that the only weapon she owns is an antique pistol stored in her hometown of Bulls Gap.

Baugh asked about her state of mind on March 18, 2012.

"I was terrified," she testified. "I was panicked. I needed to call somebody (and) I called Craig Bowlby."

Goan testified that she called the Sheriff's Department instead of Greeneville police because of Hawk's standing as a state Representative and the fact that his father, Buddy Hawk, is a Greeneville alderman.

Buddy Hawk has been in the courtroom throughout the trial in support of his son.

PRESSING CHARGES

Nelson testified earlier that she and Goan hoped Bowlby would "get the situation under control," help Goan get the baby back, and then leave.

Baugh asked Goan why she didn't want Hawk to be arrested.

"Because I didn't want to sit here and see our lives played out as a public event," she said. "(MacDonald) said [that] to find my daughter, he would have to arrest David."

Hawk had gone across the street with the baby to a neighbor's house.

Michael Harrell testified earlier Tuesday that Hawk came to the house with his daughter, who stayed there until she was picked up by Goan's parents.

Harrell testified that Hawk came into his garage and sat down. Harrell testified that Hawk told him, "She's got a gun. She was going to kill me.'"

Goan testified on cross-examination by Dillard that she did not see Hawk or her daughter across the street.

"I didn't know where my daughter was. I shut the front door and went for help," she told Dillard on cross-examination.

Goan denied having seen any compromising text messages on her cellphone, including the message referred to during the trial by Dillard and co-defense lawyer Wade Davies.

Goan also denied having her cellphone and Hawk's cellphone disconnected early on March 18, 2012, after the couple argued.

CIVIL LAWSUIT

Goan and Hawk were married in November 2009. In February 2009, Goan had divorced her first husband, Roy Klumb.

On cross-examination, Dillard questioned Goan about a civil lawsuit filed by Klumb in U.S. District Court that was decided in his favor.

In a ruling filed in July 2012, U.S. Magistrate Judge William B. Mitchell Carter found that Goan violated both the federal Wiretap Act and the Tennessee Wiretap Act "by installing spyware on Klumb's computers without his consent to intercept his incoming email."

Goan reached an agreement with Klumb for $50,000.

Klumb claimed in his lawsuit that Goan "engaged in an elaborate, deceptive scheme which involved wiretapping his computer to intercept emails" and "altering those emails to make it appear he was having an affair, and altering legal documents in order to provide that if (Klumb) did have an affair, (Goan) would receive more money in a divorce."

During cross-examination by Dillard, Goan said Hawk was aware of the lawsuit "and stood by me."

Goan told Dillard she couldn't comment on the ruling because she had not read it.

"It has been dismissed because we reached an agreement," she said.

SKEPTICAL OF TESTIMONY

Dillard asked if she secretly installed spyware on Klumb's computer and changed their prenuptial agreement.

"I purchased computer software to monitor my 16-year-old stepson," Goan replied, adding she didn't know that doing so was illegal.

Dillard expressed skepticism that Goan had not read the judge's opinion in the civil suit, an assertion which she also made in her testimony at Hawk's preliminary hearing in September 2012.

OTHERS TESTIFY

Also offering brief prosecution testimony Tuesday were Berkeley Bell, Third Judical District attorney general; and Sandra Stanbery Foster, a Greeneville lawyer who is a friend of Goan's.

Bell and Foster both testified that they were also at the charity event which David and Crystal Hawk attended on the night of March 17, 2012, and that the Hawks did not appear to be arguing or having any marital difficulties.

Foster additionally testified that she was called by Goan on the morning of March 18, and that she (Foster) subsequently went to Nelson's house.

Foster said that, after seeing Goan's injuries, she made sure that law enforcement authorities had been called, and also recommended that Goan receive treatment at a hospital.

After the prosecution rested its case Tuesday, Summers told the seven-woman, five-man jury that the case is coming to a close.

"I suspect we will be able to conclude the case [Wednesday]," he said.

 
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