The Fifth Witness Part 24

She marked a spot in the middle lane that appeared to be at least three car lengths from the crosswalk.

"Thank you, Ms. Schafer. You can return to the witness stand now."

Schafer put the marker back on the ledge and moved back to her seat.

"So how many cars were in front of you at the light, would you say?"

"At least two. Maybe three."

"What about the turn lane to your immediate left, were there any cars there waiting to turn?"

She was ready for that one and wasn't going to let me trick her.

"No, I had a clear view of the sidewalk."

"So it was rush hour and you're telling us there was n.o.body waiting in the turn lane to get to work."

"Not next to me but I was two or three cars back. There could've been someone waiting to turn, just not next to me."

I asked the judge if I could put the second board, Defense Exhibit 1B, on the easel now and he told me to go ahead. This was another photo blowup, but it was from ground level. It was a photo that Cisco had taken from a car window while sitting at the traffic light in the middle westbound lane of Ventura Boulevard at Cedros Avenue at 8:55 A.M. A.M. on a Monday a month after the murder. There was a time imprint on the bottom right corner of the image. on a Monday a month after the murder. There was a time imprint on the bottom right corner of the image.

Back at the lectern, I asked Schafer to describe what she saw.

"It's a photo of that same block, from the ground. There's Danny's Deli. We go there sometimes at lunch."

"Yes, and do you know if Danny's is open for breakfast?"

"Yes, it is."

"Have you ever been there for breakfast?"

Freeman stood to object.

"Judge, I hardly see what this has to do with the witness's testimony or the elements of this trial."

Perry looked at me.

"If Your Honor would give me a moment the relevance will become quite clear."

"Carry on, but make it quick."

I refocused on Schafer.

"Have you had occasion to have breakfast at Danny's, Ms. Schafer?"

"No, not breakfast."

"But you do know that it is popular at breakfast, correct?"

"I really wouldn't know."

It wasn't the answer I wanted but it was helpful. It was the first time Schafer was being clearly evasive, purposely avoiding the obvious confession. Jurors who picked up on this would begin to see someone who wasn't being an impartial witness, but a woman who refused to stray from the prosecution's line.

"Then let me ask you this. What other businesses on this block are open before nine o'clock in the morning?"

"Mostly there are stores that wouldn't be open. You can see the signs in the picture."

"Then what do you think accounts for the fact that every metered s.p.a.ce in this photo is taken? Would it be customers of the deli?"

Freeman objected again, saying the witness was hardly qualified to answer the question. The judge agreed and sustained the objection, telling me to move on.

"On the Monday morning at eight fifty-five when you claim you saw Ms. Trammel from four lanes away, do you recall how many cars were parked in front of the deli and along the curb?"

"No, I don't."

"You testified just a few moments ago, and I can have it read back to you if you wish, that you had a clear view of Lisa Trammel. Is it your testimony that there were no vehicles in the parking lane?"

"There may have been some cars there but I saw her clearly."

"What about the traffic lanes, they were clear, too?"

"Yes. I could see her."

"You said you were running late because westbound traffic was moving very slowly because of an accident, correct?"

"Yes."

"An accident in the eastbound lanes, right?"

"Yes."

"So how far was traffic backed up in the eastbound lanes if the westbound lanes were backed up enough to make you ten minutes late for work?"

"I don't really recall."

Perfect answer. For me. A dissembling witness always scores points for the D.

"Isn't it true, Ms. Schafer, that you had to look across two lanes of backed-up traffic, plus a full parking lane, in order to see the defendant on the sidewalk?"

"All I know is that I saw her. She was there."

"And she was even carrying a big shopping bag, you say, correct?"

"That's right."

"What kind of shopping bag?"

"The kind with handles, the kind you get in a department store."

"What color was it?"

"It was red."

"And could you tell if it was full or empty?"

"I couldn't tell."

"And she carried this down at her side or in front of her?"

"Down at her side. With one hand."

"You seem to have a good sense of this bag. Were you looking at the bag or the face of the woman who was carrying it?"

"I had time to look at both."

I shook my head as I looked at my notes.

"Ms. Schafer, do you know how tall Ms. Trammel is?"

I turned to my client and signaled her to stand up. I probably should have asked the judge's permission first but I was on a roll and didn't want to hit any speed b.u.mps. Perry said nothing.

"I have no idea," Schafer said.

"Would it surprise you to know she is only five foot three?"

I nodded to Lisa and she sat back down.

"No, I don't think that would surprise me."

"Five foot three and you still picked her out across four lanes packed with cars."

Freeman objected as I knew she would. Perry sustained the objection but I didn't need an answer for the point to be made. I checked my watch and saw it was two minutes before noon. I fired my final torpedo.

"Ms. Schafer, can you look at the photograph and point to where you see the defendant on the sidewalk?"

All eyes moved to the photo blowup. Because of the line of cars in the parking lane, the pedestrians on the sidewalk were unidentifiable in the image. Freeman leapt to her feet and objected, claiming the defense was trying to sandbag the witness and the court. Perry called us to a sidebar. When we got there, he had stern words for me.

"Mr. Haller, yes or no, is the defendant in the photo?"

"No, Your Honor."

"Then you're engaged in attempting to trick the witness. That will not happen in my courtroom. Take your photo down."

"Judge, I'm not trying to trick anyone. She could simply say that the defendant is not in the photo. But she clearly can't see the pedestrians on the other side of the traffic and I am trying to make that clear to-"

"I don't care what you're trying to do. Take your photo down and if you try another move like that you're going to find yourself in a contempt hearing at the close of business. Understood?"

"Yes, sir."

"Your Honor," Freeman said. "The jury should be told that the defendant is not in the photo."

"I agree. Go back."

On my way back to the lectern I took the display boards off the easel.

"Ladies and gentlemen," the judge said. "Let it be noted that the defendant was not in the photo that defense counsel put on display."

The jury instruction was fine with me. I still made my point. The fact that the jurors had to be told that Lisa was not in the photo underlined how hard it would have been to see and identify someone on the sidewalk.

The judge told me to continue my cross-examination and I leaned to the microphone.

"No further questions."

I sat down and put the photo boards on the floor under the table. They had served me well. I took the hit from the judge but it was worth it. It's always worth it if you make your point.

Twenty-three.

Lisa Trammel was ecstatic about my cross-examination of Margo Schafer. Even Herb Dahl couldn't hold back from congratulating me as the trial was recessed for lunch. I counseled them not to get overly excited. It was early in the trial and eyewitnesses like Schafer were usually the easiest to handle and damage on the stand. There were still tough witnesses and tougher days ahead. They could count on that.

"I don't care," Lisa said. "You were marvelous and that lying b.i.t.c.h got just what she deserved."

The invective was dripping with hate and it made me pause for a moment before responding.

"The prosecutor is still going to have a chance to rehabilitate her on redirect after lunch."

"And then you can destroy her again on re-cross."

"Well... I don't know about destroying anybody. That's not what-"

"Can you join us for lunch, Mickey?"

She punctuated the request by swinging her arm around Dahl, clearly showing what I had been a.s.suming, that they were together in more than just business.

"There is nothing good around here," she continued. "We're going down to Ventura Boulevard to find a place. We might even try Danny's Deli."

"Thank you but no. I need to get back to the office and meet with my crew. They're not here because they can't be. They're working and I need to check in."

Lisa gave me a look that told me she didn't believe me. It didn't much matter to me. I represented her in court. It didn't mean I had to eat with her and the man I was still sure was scheming to rip her off, no matter the romantic entanglement-if it even was romantic. I headed out on my own and walked back to my office in the Victory Building.

Lorna had already gone to the competing and far better Jerry's Famous Deli in Studio City and picked up turkey and coleslaw sandwiches. I ate at my desk while telling Cisco and Bullocks what had happened that morning in court. Despite my reserve with my client, I felt pretty good about my cross with Schafer. I thanked Bullocks for the display board, which I believed had impressed the jury. Nothing like a visual aid to help throw doubt on a supposed eyewitness.