reconstruct the information you then put in your formal report. Isnât that the way itâs done?â
The deputy paused for a moment and smiled.
âYes. I do have a logbook. If thatâs what you mean.â
âAnd you made entries that dayâthe day of the incident where you encountered Gilead Amahn at the Islamic Center?â
âIâm not sure.â
âDo you have that logbook with you today?â
âYes, I do.â
âPlease pull it out, Deputy,â Will said.
The deputy reached down into the small briefcase he had with him at the stand and retrieved a spiral-bound memo book. He flipped through the pages, glanced at a few of them for a moment, and then resumed his testimony.
âI do have a few entries here, if thatâs what you mean,â the deputy replied.
Will asked that the deputy hand the memo book to him, and the officer reluctantly complied. As Will walked back to the counsel table, the Commonwealth attorney swept up to his position and stared over his shoulder, reading the pages as Will examined them.
After a few moments, the other man shook his head a little, smiled, and resumed his position at the prosecution table.
But Will continued staring at the memo book, absorbed in something that he was reading there.
âAll right, Mr. Chambers, letâs get this show on the road,â Judge Hadfeld remarked.
Unperturbed, Will smiled, nodded, and resumed his cross-examination.
âDeputy, letâs take the first of Gileadâs statementsâthe statement âI knew they would react.â â
Will was holding up the memo book in his right hand for emphasis.
âWould you agree with me,â Will continued, âthat, according to your notes in your memo book, you asked Gilead Amahn this question: âYou knew the audience would reactâ? And when you asked Mr. Amahn that, he simply replied that he knew there was a chance that the audience might react to what he had to say. Right?â
The deputy shrugged and said he couldnât say for sure without reading his notes again. So Will handed the memo book back, open to the appropriate page, to the deputy. After a moment he replied.
âI suppose thatâs one way to interpret my notesâ¦theyâre a little sketchyâ¦â
âYou would agree that what I just said is the most reasonable interpretation of your notes? The most accurate interpretation of your notes?â
âI suppose so.â
âAnd as to the second statement by Gilead Amahnâthe statement âI was not afraid of violence.â That was a statement prompted by your question, as indicated in your memo book. You asked Gilead Amahn this: âWhen the riot broke out, were you afraid of the violence occurring around you?â To which Mr. Amahn replied, âNo, I was not afraid of the violence directed at me as I was being beaten and then chased out of the building.â â
The deputy paused for a moment and then answered.
âMr. Amahn told me he was not afraid of violence. Thatâs what he said, and thatâs what I put in my report.â
âPrompted by a question, put to Mr. Amahn by you, as to whether he was afraid of the violence that was directed at him after the riot had already broken out.â
âAccording to my memo bookâ¦thatâs correct.â
âAnd your memo book contains your notes written at the time of the arrest, at the time of your encounter with Mr. Amahn, when the matters youâre testifying about today were the freshest in your memory, correct?â
The deputy paused one last time before answering.
âIâve testified to what I recall happened that day. Not everything I observed or heard was recorded in my memo book.â
âBut the fact is,â Will said, his voice rising now with a sense of finality, âthat Gilead Amahnâs statement about not being afraid of violence was not in response to any questions