Mickey Haller 4 - The Fifth Witness

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 bumps. 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