The Room (19 page)

A
. 
Yes.

Q
. 
And I assume you had to put on the brake and turn on the flashing lights so no one would run into your car, before you got out, went around the car, and joined Fred.

A
. 
Thats right.

Q
. 
And I assume this would take a few seconds.

A
. 
Yes. Thats what I said.

Q
. 
Well, that is not exactly what you said, but I will let it go at that. And what, exactly, did you see after you ran around the car?

A
. 
You and Fred were standing on the corner and I heard him ask you for your identification.

Q
. 
Youre certain that that is exactly what you saw?

A
. 
Of course.

Q
. 
Why do you say, of course?

A
. 
Because there was a street light on the corner and I was only a few feet away.

Q
. 
I see. We were just standing there engaging in polite conversation, is that it?

A
. 
He was asking you for your identification.

Q
. 
I see. We were just standing there like friends. He didnt grab me by the arm and throw me against the wall?

A
. 
No. The 2 of you were standing on the corner when I came around the car.

Q
. 
Then it was after you joined your partner that the defendant was thrown against the wall?

A
. 
No.

Q
. 
Then it was before you joined them?

A
. 
No. No. I didnt say that. Goddamn it, you twist everything
—

COUNSEL
Your honor
—

COURT
The witness is in contempt of this court and if he doesnt stop these outbursts the court will have him confined. Now answer the questions.

COUNSEL
Thank you, your honor. Now, where were we? Yes. Your partner and the defendant were standing on the corner when you came around the car?

A
. 
Yes.

Q
. 
Did you take your gun out before or after you got out of the car?

A
. 
I didnt unholster my gun.

Q
. 
Did your partner have his gun out?

A
. 
No.

Q
. 
I see. And he did not grab him by the arm or throw him against the wall either before or after you joined them?

A
. 
No.

Q
. 
Fine. Tell me, why did you arrest the defendant? No. Let me change that. Why did you stop the defendant?

A
. 
Because my partner said he saw something suspicious in the doorway of Kramers Jewelry store.

Q
. 
And, actually, you did not see anything because you were driving and concentrating on that. Correct?

A
. 
Yes.

Q
. 
I see. And if I remember correctly you were traveling at 25 miles per hour and were only a few feet from the intersection when your partner said he saw something suspicious across the street?

A
. 
Yes.

Q
. 
Then you must have had to put on the brakes very suddenly in order not to go through the intersection and take a chance on hitting another vehicle?

A
. 
Well, I didnt have to exactly jam them on.

Q
. 
You did not? That is strange. I should think you would have to in order not to go through the intersection, considering where you say you were, and the speed at which you say you were traveling when your partner said he saw something suspicious.

A
. 
Well, I cant say exactly where we were when he saw you.

Q
. 
Saw me? How do
you
know
he
saw
me
?

A
. 
Well, whatever he saw.

Q
. 
How can you say what
he
saw?

A
. 
Well, I mean
—

Q
. 
Just what do you mean? Did you or did you not see the defendant at that time?

A
. 
What I mean—

Q
. 
Never mind what you mean. Did you or did you not see the defendant at
that
time? Just answer yes or no, and never mind looking to the prosecutor for an answer.

A
. 
Im not looking—

COUNSEL
Answer yes or no.

A
. 
No.

Q
. 
You were just a few feet from the intersection when Fred said he saw something?

A
. 
I dont know exactly
—

Q
. 
Just a few minutes ago you said, and indicated on the diagram
, exactly
where you were. Were you or were you not at that precise point when Fred said he saw something?

A
. 
Yes.

Q
. 
And you did not have to jam on the brakes even though you were just a few feet from the intersection and were traveling at 25 miles per hour?

A
. 
I dont know ex
—

Q
. 
I dont know. What do you mean you do not know? You have already testified that you knew
exactly
where you were, and
exactly
how fast you were traveling, and that you did
not
have to jam on the brakes and now you tell me you do not know. Well, what do you know?

A
. 
I know I/d like to kick the shit outta you
—

COURT
Order. Order. Take that man into custody and remove him from this courtroom.

(
WITNESS TO COUNSEL
)

You sonofabitch, I/ll killya if I ever get my hands onya. Ya hear me? I/ll killya ya rotten sonofabitch. (Witness continues to scream and fight as the court officers drag him from the courtroom
.
)

COUNSEL
Your honor, in view of what has happened here this morning I would like to request that that officer undergo a psychiatric examination.

PROSECUTOR
Your honor, I see no need for such an examination.

COUNSEL
Your honor, I think my motion should be granted so it can be determined whether or not the witness is capable of giving honest testimony.

COURT
Objection overruled. Such examination is so ordered. We will now recess until 2 o’clock.

CROSS-EXAMINATION OF SECOND OFFICER CONTINUES

Q
. 
Now then, if I remember correctly, you testified that your partner was driving and you were sitting beside him in the front seat of the patrol car, and you were traveling north on Hill St., and as you approached the intersection at Hill Ave. you noticed something suspicious in the doorway of Kramers Jewelry store?

A
. 
Yes sir.

Q
. 
Just what do you mean by something suspicious?

A
. 
I saw a man in the doorway.

Q
. 
You are certain it was a man?

A
. 
Yes sir.

Q
. 
How can you be so certain it was a man?

A
. 
Well, it was dressed like a man.

Q
. It
was dressed like a man? That does not sound as if you are certain.
It?

A
. 
Well … what I mean is it was someone who was dressed like a man and moved like a man.

Q
. 
What do you mean by dressed like a man?

A
. 
Well, pants and a jacket. You know, mens clothes.

Q
. 
To be frank, I do not know. I have a difficult time telling a man from a woman by their clothes in the middle of the day, no less at night in a darkened doorway.

COURT
Order. Order in the court.

A
. 
Well, he moved like a man.

Q
. 
Just how did this suspicious character move that made you so certain it was a man in a darkened doorway a hundred yards away while you were sitting in an automobile traveling at 25 miles per hour?

A
. 
You know. He just moved like a man.

Q
. 
No, I do not know. Please tell me.

A
. 
Its just the physical mannerisms. We/re trained to know the difference. And anyway, we were stopped for the light.

Q
. 
You were stopped for the light? Your partner testified that the car was traveling at a speed of 25 miles per hour when you saw this suspicious man in the doorway.

A
. 
We were. When I first saw him. But I got a good look when we stopped. And I remember the light was red because I was leaning forward when Harry stepped on the brake and my head hit the windshield.

Q
. 
He stopped so short your head hit the windshield and yet you were able to see in a darkened doorway well enough to tell it was a man?

A
. 
I dont mean my head hit the windshield—

COUNSEL
But that is what you just said.

A
. 
Well, I dont mean my head—

Q
. 
Well, what do you mean? It seems as if you do not really mean anything you say?

A
. 
I mean the tip of my cap touched the windshield. I was just sort of jerked forward a little.

Q
. 
I see. It was while your head was jerking forward that you were able to establish definitely that a man was doing something suspicious in the darkened doorway?

A
. 
I didnt mean that I saw him then.

Q
. 
All right. Now why dont we just take a minute to allow you to tell the court what you do mean. I, for one, am becoming a little confused as to what you do and do not mean.

A
. 
Like I said before, it is part of my job to look in all the doorways of our patrol area for anything suspicious. Any sort of movement. On this particular night I was concentrating very hard because there had been a series of breaking and enterings that week between the hours of 2
A
.
M
.
and 4
A
.
M
.
I saw a movement in the doorway and told Harry and kept my eyes on the doorway until we crossed the street and I got out of the car.