SW05 - The Wrong Gun

by Parnell Hall

  Judge Hendrick frowned. “In that event, it might be necessary for you to step down as counsel.”

  “I think not, Your Honor,” Steve said. He gestured to a stack of law books on the defense table. “And I have the precedents to back it up.”

  “We’ll cross that bridge when we come to it,” Judge Hendrick said. He turned back to Vaulding. “Mr. Vaulding, let’s proceed. While the defense counsel does not wish to make a stipulation, he has assured us he does not intend to object unless he has to. Now let’s proceed on that basis and go as far as we can until we hit an objection. And if we don’t, the matter becomes moot. Bring in the jury.”

  When the jurors had been brought in and seated, Vaulding said, “Now then, lieutenant, you stated two of the guests you questioned particularly were Mr. Winslow and Miss Garvin?”

  “Yes, sir.”

  “And why was that?”

  “Because they were the ones who found the body.”

  “The first ones to find the body?”

  “That is correct.”

  “How do you know that?”

  “Actually, only by hearsay. I was told that by the officers on duty when I got there. It was later confirmed by Mr. Winslow and Miss Garvin themselves.”

  “You questioned them at the scene of the crime?”

  “That is correct.”

  “Do you know what time they found the body?”

  “Only indirectly. From what they told me. And by what I was able to confirm from other sources.”

  “What other sources?”

  “When they found the body, Mr. Winslow stayed with it and Miss Garvin went to inform the butler, Martin Kessington, who then called the police. I have his statement, as well as the officer who logged the phone call.”

  “What time did the call come in?”

  Sanders hesitated. “Again, I only know from what I’ve been told.”

  Vaulding smiled. “Unless there’s an objection, you can tell us. When was that, lieutenant?”

  “Approximately five forty-five.”

  “Does that coincide with the time Mr. Winslow and Miss Garvin told you they found the body?”

  “Yes, sir, it does.”

  “According to your interviews with them, was anyone else present when they found the body?”

  “No, sir. They were alone when they found it. Then Miss Garvin went and got Mr. Kessington, and he called the cops.”

  “And did they indicate what led them to find the body?”

  “Objection,” Steve said.

  Judge Hendrick frowned. “Let’s have a sidebar.”

  When the attorneys and court reporter had assembled at the sidebar, Judge Hendrick said, “Now, Mr. Winslow, as to your objection. You are objecting to that question as hearsay?”

  “No, Your Honor.”

  “No?” Judge Hendrick said. “But it does call for hearsay. If you objected on that grounds, I would have to sustain it.”

  “I don’t want to object on those grounds, Your Honor.”

  Judge Hendrick frowned. “You what?”

  “Begging Your Honor’s pardon,” Steve said. “But while I didn’t stipulate, I certainly agreed to let Mr. Vaulding attempt to present this technically hearsay testimony. And I have no wish to renege on it.

  “But this question is something else. I object on the grounds that it is leading and suggestive.”

  Judge Hendrick frowned again. “Leading and suggestive? Mr. Winslow, are you anticipating what Lieutenant Sanders answer will be?”

  “Yes, Your Honor. I anticipate his answer will be no.”

  “Then how can that be leading and suggestive?”

  “Not for Lieutenant Sanders, Your Honor, but to the jury.” Steve jerked his thumb at Vaulding. “It’s the same thing he tried to pull during his motion. If you let him get away with it, Your Honor, his follow-up question will be to ask Lieutenant Sanders if I found the body as a result of anything anybody told me.”

  “Yes, I see. And yet that would be a perfectly legitimate question. Mr. Vaulding is attempting to avoid putting you on the stand, but if you were on the stand, and testified to finding the body, he would have every right to ask you why. Including whether your finding it there was a direct result of something someone had told you.”

  “Exactly.”

  “So it’s really the same thing.”

  “No, it isn’t, Your Honor. And that’s why I didn’t want to stipulate. If I were on the stand and he asked me that question I could say, ‘Absolutely not, no one told me anything.’ If he asks that question of Lieutenant Sanders, he will respond that he asked me that question and in response I claimed that no one had told me anything. Even worse, he may state that I denied that anyone had told me anything.

  “See the difference, Your Honor? Even though the answer is essentially the same, there is a huge difference in the spin one can put on it, and the implications one can make in the manner in which one happens to give it.”

  Judge Hendrick’s face was beginning to take on a perpetual frown. After all, here it was, the first witness, and the attorneys were already at odds over a relatively unimportant point. He looked at Steve Winslow. “You could do me a big favor, you know, just by objecting to the question on the grounds that it’s hearsay.”

  “In that case, Your Honor,” Steve said, “I would have to object to this entire line of questioning on the grounds that it’s hearsay. In which case Mr. Vaulding would have to put me on the stand. I personally have no objection to that, but I don’t think Your Honor would like it much.

  “But it’s up to you. I’m objecting to that question on the grounds that it’s leading and suggestive.”

  Judge Hendrick took a breath. “The objection is sustained.” He turned to Vaulding. “Mr. Vaulding, I don’t want to tell you how to run your case, but I suggest you make every effort to get beyond this.”

  “Yes, Your Honor.”

  When they had all returned to their positions Judge Hendrick said, “The objection is sustained. Mr. Vaulding, please rephrase your question.”

  Vaulding smiled as if perfectly satisfied with the judge’s ruling. “I’ll withdraw it, Your Honor, and ask something else. Lieutenant Sanders, were you personally present at the crime scene until the medical examiner arrived?”

  “Yes, I was.”

  “What time was that?”

  “That would be approximately six-fifteen P.M.”

  “At six-fifteen that evening the medical examiner arrived and examined the body?”

  “That’s correct.”

  Vaulding nodded. “Thank you. Your Honor, I have no further questions at this time. I may wish to recall the witness later.”

  Judge Hendrick nodded. “Very well. The witness may step down.”

  Steve Winslow stood up. “One moment, Your Honor. I have a few questions of the witness.”

  Judge Hendrick frowned, hesitated a moment, then announced, “Let’s have a sidebar.”

  When the attorneys and court reporter had once again assembled at the sidebar, Judge Hendrick said, “Mr. Winslow. In light of what we discussed, I had not anticipated that you would attempt to cross-examine this witness.”

  “I certainly never stipulated that I wouldn’t, Your Honor.”

  “I’m aware of that,” Judge Hendrick said testily. “But you must be aware we are treading on dangerous ground here. Just as I would not allow Mr. Vaulding to ask the witness questions that you deemed leading and suggestive, I do not want to get into a similar situation of your leading the witness with regard to your version of finding the body.”

  “I have no intention of doing so, Your Honor. And I am indeed sorry if your opinion of me is such that you would assume that is something I would naturally do.”

  Judge Hendrick’s wits were obviously becoming frayed. “I assume nothing of the sort,” he snapped. “I am merely trying to head off a situation before it develops. I do not wish to spend this entire trial at the sidebar. It’s only natural to assume you intend to questio
n him about finding the body, since he didn’t really testify to anything else.”

  Steve nodded. “Your Honor is certainly entitled to your opinion. But I am entitled to my cross-examination. I certainly hope it won’t be objectionable.”

  Judge Hendrick bit his lip. He was not happy with the situation, but he was stymied by the fact Steve Winslow was absolutely in the right.

  When they had all resumed their positions, Steve Winslow said, “Now, lieutenant, you testified to arriving at the scene of the murder and finding the body of a man lying on the floor, is that right?”

  “Yes, sir.”

  “In what position was the body lying?”

  “On its back.”

  “I believe you testified that the body was bleeding from a wound in the forehead?”

  “That’s right.”

  “Was the body alive or dead?”

  “Objection, Your Honor.”

  “Overruled. Witness may answer.”

  “Was the man alive or dead?”

  “He was dead.”

  “Really?” Steve said. “Tell me. Do you have any medical training, lieutenant?”

  “No, I do not.”

  “Ever take any medical courses?”

  “Objection. Already asked and answered.”

  “Sustained.”

  “Lieutenant, how did you determine that the man was dead?”

  Lieutenant Sanders took a breath. “Let me make something clear. I did not determine that the man was dead. I left that to the medical examiner. Who, as I testified, arrived shortly after I did.

  “But if you ask me if the man was dead, in my opinion the man was dead. But that is admittedly not a medical opinion, and does not have the same evidentiary value as the opinion you are going to get from the medical examiner.”

  Steve smiled. “Thank you. But whatever weight you may wish to attach to it, your personal opinion is that the man was dead?”

  “Yes, it is.”

  “Fine,” Steve said. “Now I think you testified that the man was bleeding from a wound in his forehead?”

  “That’s right.”

  “Is it?” Steve said. “But there are certain instances, are there not, where the simple act of bleeding would in itself be a sign of life? An indication that the heart was still functioning, pumping blood from the body. So I ask you again, lieutenant, are you certain the body was bleeding when you found it?”

  Lieutenant Sanders hesitated. “There was blood on the face that had come from a wound on the forehead.”

  “I understand,” Steve said. “But was that blood still flowing? In other words, lieutenant, I see three possibilities. Blood was flowing from the wound, indicating the heart was pumping blood from the body; blood was seeping from the wound, indicating the heart had stopped but blood was still draining from the body; and blood was no longer flowing, draining or seeping at all, and the blood on the face was merely an indication that the body had been bleeding.”

  Steve paused, looked over at Lieutenant Sanders, who was practically glowering on the witness stand. Steve smiled. “Now, which would you say that was?”

  Lieutenant Sanders took a breath. His effort to keep the irritation out of his voice was only partly successful. “The blood was not flowing and the heart was not pumping,” he said. “The blood was either seeping very slowly from a dead body, or had very recently stopped seeping from a dead body. You can split hairs any way you like, but I can’t give it to you any better than that.”

  Steve smiled. “That will do quite nicely, lieutenant. And what time was it when you found the body?”

  “Approximately six o’clock.”

  “Would that be approximately fifteen minutes before the medical examiner arrived?”

  “That’s right.”

  “Thank you, lieutenant. That’s all.”

  When Vaulding announced he had no questions on redirect, Judge Hendrick took note of the time and adjourned court for the afternoon.

  27.

  WHEN COURT RECONVENED the next morning, Vaulding called Fred Blessing, a chubby man with twinkling eyes who looked like a vaudeville comedian, but who turned out to be the medical examiner. Blessing testified to arriving at the Timberlaine mansion and examining the body of the deceased.

  “And what time was it when you arrived?”

  “Six-fifteen.”

  “Exactly?”

  “I arrived at the mansion at six-thirteen. I was at the scene of the crime by six-fifteen.”

  “And what did you find?”

  “I found the body of a man lying face up on the floor.”

  “What did you do?”

  “I immediately examined the body for signs of life.”

  “Were there any?”

  “There were none.”

  “The man was dead?”

  “Yes, he was.”

  “Could you tell how long he had been dead?”

  “Obviously, not for very long. The body was still warm.”

  “Did you make any attempt to pin down the time of death?”

  “Naturally. What I just gave you was my initial impression based on a preliminary examination of the body. Of course I made a more detailed inspection later on.”

  “How much later on?”

  “If I could consult my notes?”

  “Please do.”

  Dr. Blessing reached into his jacket pocket, took out a notebook. He thumbed through it. “Actually, not that much later. I have a note here that I took the body temperature at six twenty-one.”

  “Before the body was removed to the morgue for your autopsy?”

  “Absolutely. Body temperature is generally the most accurate means of determining time of death. It should always be taken as soon as possible.”

  “And your records indicate you took it at six twenty-one on the evening of the murder?”

  “That is correct.”

  “From this were you able to more accurately determine the time of death?”

  “Yes, I was. I would put the time of death between four o’clock and five-thirty on the afternoon of the murder.”

  Vaulding nodded. “Very good, doctor. And did you also determine the cause of death?”

  “Not at the time. My preliminary indication was that the man had met his death due to a wound in the forehead, but I could not verify that until I did my autopsy.”

  “I understand,” Vaulding said. “But when you did, what was the result?”

  “I found that the man had died from a bullet wound to the head.”

  “A single bullet?”

  “That is correct.”

  “The bullet was the sole cause of death?”

  “To the best I could determine.”

  “Was the bullet wound sufficient to have caused death?”

  “Oh, yes. The bullet had penetrated the forehead and lodged in the brain, causing extensive cerebral damage. It would be extraordinary to find any sign of life under those circumstances.”

  “And there was none?”

  “No. As I’ve stated before, the man was dead.”

  “And death was caused by the bullet you found lodged in the brain?”

  “That is correct.”

  “Did you remove that bullet from the brain, doctor?”

  “Yes, I did.”

  With a flourish Vaulding strode back to the prosecution table, opened his briefcase, pulled out a plastic bag and held it up. “Your Honor, I ask that this be marked for identification as People’s Exhibit Number One.”

  After the court reporter had marked the exhibit, Vaulding took the plastic bag and handed it to Dr. Blessing. “Doctor, I hand you this plastic bag marked for identification People’s Exhibit Number One and ask you if you recognize the contents.”

  “Yes, I do.”

  “What is it?”

  “It is the bullet I removed from the head of the victim.”

  “How do you recognize it?”

  Dr. Blessing pointed. “By my initials, which I scratched on the base of
the bullet.”

  “And this is the bullet that your examination determined to be the sole cause of death?”

  “That is correct.”

  Vaulding smiled. “Thank you. Your witness.”

  Steve Winslow stood up. “Six twenty-one, doctor?”

  “I beg your pardon?”

  “You took the body temperature at six twenty-one?”

  Dr. Blessing referred to his notes. “That is correct.”

  “And what was it?”

  “I beg your pardon?”

  “What was the body temperature at six twenty-one?”

  Again Blessing consulted his notes. “Ninety-six point six.”

  “Ninety-six point six? That’s two degrees cooler than normal, isn’t it?”

  “Yes, it is.”

  “Now, tell me, doctor, what is the normal rate of cooling of a body after death?”

  “It’s approximately one and a half degrees Fahrenheit per hour.”

  “Let’s do the math. You say the body had cooled two degrees. One and a half degrees would be one hour. Half a degree would be twenty minutes. So the body had cooled approximately an hour and twenty minutes. You took the temperature at six twenty-one. An hour and a half earlier would be five oh-one, say approximately five o’clock. Is that right?”

  “Yes, it is.”

  Steve smiled. “Well, that’s mighty strange, doctor. Didn’t you put the time of death between four o’clock and five-thirty?”

  “Yes, I did.”

  “I thought you did. That’s why I had expected the median time of death, the most likely time of death, the time of death we would mathematically come out with, to be four forty-five. Because that’s halfway between those times. Or in other words, when you said death took place between the hours of four o’clock and five-thirty, I assumed you meant it was because you were indicating death could have taken place within forty-five minutes before the median time of death, or within forty-five minutes after the median time of death.”

  Dr. Blessing said nothing. His lips were set in a firm line.