about the suspenders, though?â
âPerhaps.â
âDo you have pictures in your file there that could refresh your recollection?â
The prosecutor jumped to his feet.
âYour Honor, I think we know where this is going. Mr. Chambers is trying to go on a fishing expedition here. He is using the preliminary hearing simply to get discovery about the prosecutionâs case. He just wants a look at the police photos.â
âOh, so you do have photos,â Will snapped at the prosecutor sarcastically.
âWhere are you going, Mr. Chambers? Youâre wasting our time,â the judge barked out.
âYour Honor,â Will replied, âthe federal rules of evidence permit me to have a witness refresh his recollection with anything that can revive his memory on a material point.â
âHow is this âred suspendersâ thing material? Iâm not going to let you endlessly test the credibility of the witnessâthatâs not what you do at a preliminary hearing.â
âIt is material,â Will continued, âif we can show that a large manâand I think that we can all agree that Mr. Heftland is largeâthat a large man wearing red suspenders who was a private investigator and a process serverâand who matches my clientâs descriptionâwas not seated on the ground obstructing the clinic doors, but was in fact trying to get into the doors to serve lawsuit papers on one of the doctors when he was arrested.â
Judge Ramington stared at Chambers. Then he pulled out the charging document from the court file and started reading out loud.
âAlright. The violation here is that the act was done with obstruction⦠or that he intimidated or interfered with someone trying to get reproductive health services⦠because that person â¦who is obstructed is trying to get those services. In other words, a process serverâ¦may or may not be part of an obstructionâand I suppose he would not be there because people are trying to get in to get abortions done. He would be there for some other reason. Objection overruled. Officer, answer the question.â
âYes, the police photos would probably refresh my memory.â
The officer glanced through the pack of photos in his file.
âI canât tell.â
âWhy not?â
âBecause your clientâMr. Heftlandâis not in any of these photos.â
âYour Honor, I would like to see those photos.â
The judge glanced over at the prosecutor.
âAt this point I guess I donât have an objection,â the prosecutor deadpanned, âif Mr. Chambers wants to help prove the governmentâs case by identifying his own client in the photographs and placing him at the scene of the offense.â
Will took the pack of photos and quickly spread them out over the counselâs table. He began staring at several of them, but none showed his client.
âOkay, counsel, proceed,â the judge said.
But one of the photos had caught Willâs eye, and he lifted it up to look at it more closely.
â Now, Mr. Chambers,â the judge said.
Will did not flinch, but stared at the photoâtransfixed by something he thought he saw.
âI will be terminating your cross-examination, Mr. Chambers,â the judge said, his voice rising.
Now Will was holding only one photograph in his hand as he turned to face the witness.
He looked the officer directly in the eye. The officer shifted a little in the witness chair.
âIs it a fact, officer, that my clientârather than sitting down in front of the doors of the clinic and obstructing patients from getting inâwas actually standing up, in his bright-red suspenders, and waving the lawsuit papers that he was trying to serve on one of the doctors inside the clinicâin fact, waving those papers over his head?â
âNo, I donât believe so. I would have remembered.â
âWould it