Misdemeanor Trials

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Authors: Milton Schacter
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his outline of questions on the podium next to his table, and asked, “How old are you, Vanessa?”
    “Fifteen”.
    “I would like to ask you about events that occurred last October 12.  What did you do that day?”
    “I went to school.”
    “When school was over, what did you do?”
    “I walked home.”
    “When was that?”
    “Right after school.”
    “What day of the week was it?”
    “Wednesday.”
    “Are you sure of that?” asked John.
    “Yes.  I had piano lessons at four, so I had to get home.”
    “How far away from the school do you live?”
    “I don't know.  It's not far.  It takes about ten minutes.”
    “When you walked home were you alone, or with someone?”
     “I was alone.”
    “What happened while you were walking home?”
    “Objection,” blurted Casey.  “Question calls for a narrative.”
    “Sustained,” said the Judge.  “Ask your next question, Mr. Trader.”
    Trader thought to himself, that instead of allowing Vanessa to tell her story without interruption, he would have to go through the events inch by inch.  “Immediately after you got out of your last class, and walked out of the classroom, where did you go?” He asked.
    “To my locker.”
    “What happened next?”
    “I went over to my girlfriends' lockers and we talked for a while.”
    “What happened next?”
    “I said goodbye to them and started walking home.”
    “Do you follow the same route home every day?”
    “Yes, but not anymore,” she replied.
    “How many months or years have you been walking home from that school?”
    “Since the sixth grade.”
    “On Wednesday, October 12, did you see something unexpected or unusual happen on your walk home?”
    “Yes.”
    “On that day, how long had you been walking home before this unusual event occurred?”
    “I was about half way home.”
    “At that point did you see something?”
    “Yes.”
    “What did you see?”
    “I saw a car in the street traveling really slowly.”
    “What happened next?”
    “The car pulled next to me.”
    “What direction was the car traveling?”
    “It was going in the same direction.”
    “Which side of you was the vehicle as you walked home?”
    “My left side.”
    “So the closest part of the car was the passenger door?” asked John.
    “Yes,” replied Vanessa.
    “Then what happened?”
    “The car went by and ahead of me on the street.”
    “Could you see how many people were in the car?”
    “Yes.”
    “How many people were in the car?”
    “I saw one.”
    “What happened next?”
    “He stopped the car and got out.”
    “Where did you see him go?”
    “He walked around to the back of the car.”
    “How far away from you was that person?”
    “I don't know.  Maybe a car length or so away.”
    “What happened next?”
    “He stopped on the street in back of the car.”
    “What was he wearing?”
    “He had one of those tank top shirts, like underwear, and no pants.”
    “Did you see anyone besides that person in the residential area?”
    “Objection,” said Casey.  “States a fact not in evidence.”
    “Sustained,” said the Judge.
    Trader asked himself, “What fact was not in evidence.  Then he recalled.”
    John directed a new question to Vanessa.  “What sort of neighborhood was it that you were walking through?”
    “It was a street filled with houses.”
    “Did you see anyone besides that person in the residential area?”
    “No.”
    “Can you describe that person?”
     “He's sitting right over there,” said Vanessa, as she pointed at the defendant.
    “I know, but could you describe what you saw when you looked at that person?”
    “He was a Mexican with a big belly, black hair and a mustache.  He was an old guy, maybe 40 or so.”
    “What else can you describe about that person?”
    “He was wearing shoes, but no pants.  He had really skinny legs.”
    “Did you see his hands?”
    “Yes.”
    “What was he doing?”
    “He had his right hand on his penis and he was

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