Part 24 (1/2)
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?”