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By Root 789 0

of this. Why, then, was he going through the motions of a lineup so blatantly tainted? Obviously, to fail to use Partridge, who claimed to have seen something, would place the police and U.S. Attorney in an awkward position. Chances were, they wouldn’t reference the lineup during trial, which posed another problem for them, the rock versus hard place argument very much present. Depend upon a drunken homeless man and you’re laughed out of court. Fail to mention the lineup during the trial and have to answer why to a blistering cross-examination before judge and jury. Either way, the lineup would work in Jeremiah’s favor.

“Who are the others in the lineup?” Smith asked.

“Cops,” Hathaway responded, “dressed like your client, and two guys from administration.”

“Fine,” said Smith. “Let’s get to it.”

Hathaway, Smith, Partridge, and a stenographer stood in a darkened room. On the other side of one-way glass was a large chart on a white wall; red lines marked off heights in six-inch increments, behind seven spots where the lineup participants would stand.

“You ready, Mr. Partridge?” Hathaway asked. Partridge was dressed in a torn red-and-yellow flannel shirt, baggy chinos, and sandals. Despite not having had a drink for hours, his breath filled the small space with the odor of alcohol and bile, probably oozing out of his pores, Smith thought.

“Do I get the reward?” Partridge asked.

“We’ll see,” Hathaway said, looking at Smith with a please-try-to-understand expression. Smith understood perfectly. The steno had taken down Partridge’s comment. If the homeless man testified, it would be easy to make the point with the jury that he was motivated by the promise of money.

“Ready, Counselor?” the detective asked Smith.

“Bring ’em in,” Smith said.

Five men of approximately Jeremiah Lerner’s height and weight filed into the lineup room before Jeremiah entered, leaving the seventh man to stand at his right. Hathaway hit a switch that flooded the room with harsh white light, causing everyone to shield their eyes with their hands.

“Okay,” Hathaway said into a microphone, “hands down. Come on, get those hands down.”

Smith focused on Lerner. He looked bewildered and frightened. He moved from foot to foot, his eyes scanning the room as though seeking an escape hatch.

“Take a look, Mr. Partridge,” Hathaway said.

Partridge stepped closer to the window and squinted.

Smith approved of the men chosen by the police to join his client in the lineup. A witness would have to be especially astute and observant to pick Jeremiah from the seven.

“Well, Mr. Partridge?” Hathaway asked. “Recognize anyone in there who you saw behind Ford’s Theatre when the girl was killed?”

“That’s him!” Partridge said excitedly.

“Which one?”

“The one over there.” He pointed to the left side of the lineup, where Jeremiah stood.

“What number?” Hathaway asked.

“Six. That fella there, Number six.”

He’d identified Jeremiah.

“Number six, step forward,” Hathaway ordered through the speaker system.

Lerner took a single step.

“You sure?” Hathaway asked.

“Oh, yes, sir. Year of training taught me how to spot ’em. Never forget a face.”

“What kind of training is that, Mr. Partridge?” Smith asked.

“CIA. Been all over the world.”

“Okay, that’s it,” Hathaway said. He picked up a phone and said, “Come get Mr. Partridge. We’re finished with the lineup.”

Partridge was led from the room, the seven men in the lineup left, and the stenographer departed, leaving Smith and Hathaway.

“I know, I know, Counselor,” the detective said. “But he was sober when he made the ID, and he sure didn’t hesitate.”

Smith smiled and picked up his briefcase. “I’m sure with his Central Intelligence Agency credentials, he’ll make a fine witness for the prosecution. Good to see you again, Hathaway.”

Smith arrived home too late to catch the Lerner press conference live, but watched excerpts on the news.

“… Clarise and I, Jeremiah’s parents, are understandably concerned and sad about what has happened to our son. But he is innocent. The supposed evidence against him is extremely weak and