put the document down on the ledge at the front of the witness stand. Welton leaned away from me as I did this. I was sure most members of the jury saw this as well.
I started asking my first question as I walked back to the lectern between the prosecution and defense tables.
“Mrs. Welton, you have there the original crime report taken on the day of the unfortunate incident in which you were victimized. Do you remember talking with the officer who arrived to help you?”
“Yes, of course I do.”
“You told him what happened, correct?”
“Yes. I was still shaken up at the—”
“But you did tell him what happened so he could put a report out about the man who robbed you and took your car, is that correct?”
“Yes.”
“That was Officer Corbin, correct?”
“I guess. I don’t remember his name but it says it on the report.”
“But you do remember telling the officer what happened, correct?”
“Yes.”
“And he wrote down a summary of what you said, correct?”
“Yes, he did.”
“And he even asked you to read the summary and initial it, didn’t he?”
“Yes, but I was very nervous.”
“Are those your initials at the bottom of the summary paragraph on the report?”
“Yes.”
“Mrs. Welton, will you now read out loud to the jury what Officer Corbin wrote down after talking with you?”
Welton hesitated as she studied the summary before reading it.
Kristina Medina, the prosecutor, used the moment to stand and object.
“Your Honor, whether the witness initialed the officer’s summary or not, counsel is still trying to impeach her testimony with writing that is not hers. The people object.”
Judge Michael Siebecker narrowed his eyes and turned to me.
“Judge, by initialing the officer’s report, the witness adopted the statement. It is present recollection recorded and the jury should hear it.”
Siebecker overruled the objection and instructed Mrs. Welton to read the initialed statement from the report. She finally complied.
“‘Victim stated that she stopped at the intersection of Camden and Elevado and soon after was struck from behind by a car that pulled up. When she opened her door to get out and check for damage, she was met by a black male thirty to thirty-five YOA—’ I don’t know what that means.”
“Years of age,” I said. “Keep reading, please.”
“‘He grabbed her by the hair and pulled her the rest of the way out of the car and to the ground in the middle of the street. He pointed a black, short-barrel revolver at her face and told her he would shoot her if she moved or made any sound. The suspect then jumped into her car and drove off in a northerly direction, followed by the car that had rear-ended her vehicle. Victim could offer no…”
I waited but she didn’t finish.
“Your Honor, can you instruct the witness to read the entire statement as written on the day of the incident?”
“Mrs. Welton,” Judge Siebecker intoned. “Please continue to read the statement in its entirety.”
“But, Judge, this isn’t everything I said.”
“Mrs. Welton,” the judge said forcefully. “Read the entire statement as the defense counselor asked you to do.”
Welton relented and read the last sentence of the summary.
“‘Victim could offer no further description of the suspect at this time.’”
“Thank you, Mrs. Welton,” I said. “Now, while there wasn’t much in the way of a description of the suspect, you were from the start able to describe in detail the gun he used, isn’t that right?”
“I don’t know about how much detail. He pointed it at my face so I got a good look at it and was able to describe what I saw. The officer helped me by describing the difference between a revolver and the other kind of gun. I think an automatic, it’s called.”
“And you were able to describe the kind of gun it was, the color, and even the length of the barrel.”
“Aren’t all guns black?”
“How about if I ask the questions right
Richard Ellis Preston Jr.