SW05 - The Wrong Gun

by Parnell Hall

  When the witness had been sworn in, Vaulding stood up and said, “State your name.”

  “Donald Walcott.”

  “What is your relationship to the defendant, Russ Timberlaine?”

  “I am engaged to his daughter.”

  “And were you a guest at the Timberlaine mansion on the weekend of the murder?”

  “Yes, I was.”

  “When did you arrive?”

  “Friday afternoon.”

  “And when did you leave?”

  “I haven’t left.”

  “You’re still there?”

  “Yes, I am.”

  “And how long do you intend to stay?”

  The witness glared at Vaulding. “Until this matter is resolved.”

  “I see,” Vaulding said. “Tell me, Mr. Walcott, the weekend you were staying there—the weekend of the murder—did you have any conversations with your fiancée’s father, Russ Timberlaine?”

  Donald Walcott set his mouth in a firm line.

  “Please answer the question, Mr. Walcott,” Vaulding said.

  When Walcott still hesitated, Vaulding said, “Your Honor?”

  Judge Hendrick leaned down from the bench. “Young man?” he said.

  Donald Walcott looked up at him defiantly. “Yes.”

  “Call me Your Honor.”

  Walcott took a breath. “Yes, Your Honor.”

  “You have been called as a witness in a court of law. It is your duty to answer questions, unless they are objected to and I rule you need not answer them, or unless you should refuse to answer on the grounds that an answer might tend to incriminate you. Otherwise, you must answer or I will hold you in contempt of court. Is that clear?”

  Walcott took a breath. “Yes, Your Honor.”

  “Fine. Court reporter will read back the question.”

  There was a pause while the court reporter shuffled through his tapes. Then he read, “‘Tell me, Mr. Walcott, the weekend you were staying there—the weekend of the murder—did you have any conversations with your fiancée’s father, Russ Timberlaine?’”

  “Yes, I did.”

  “Fine,” Vaulding said. “Tell me, in any of these conversations did Russ Timberlaine mention a gun?”

  “Objection, leading and suggestive.”

  “Overruled. The witness is clearly hostile. Answer the question.”

  Walcott took a breath. “Yes, he did.”

  “Would that be the Colt .45, the Pistol Pete gun?”

  “Yes.”

  “Mr. Walcott, we have two guns present in court. People’s Exhibit Three, which is the gun found next to the body of Jack Potter. And People’s Exhibit Four, the gun found in Russ Timberlaine’s holster on his bedside table. We have also heard testimony from Lieutenant Sanders that Russ Timberlaine identified the gun, People’s Exhibit Three, as the original Pistol Pete Robbins gun that he owned, and the gun, People’s Exhibit Four, as the gun he found substituted for it. Now I ask you, in any of those conversations you had with Russ Timberlaine, did he make any claim about a substituted gun?”

  “Yes, he did.”

  “And what did he say?”

  “Just that. That his gun had been substituted.”

  Vaulding frowned. “I’d like a little more than that. He claimed, did he not, that he owned the original, authentic Pistol Pete Robbins gun. Is that true?”

  “Yes.”

  “He claimed that that gun had been taken and a duplicate left in its place. Is that right?”

  “Yes.”

  “He claimed he no longer had the original gun, he now only had the copy, the fake gun?”

  “Yes. That’s right.”

  “The substitution had happened prior to the time you arrived at the mansion that Friday?”

  “Yes.”

  “How long before?”

  “I’m not sure. I think the week before.”

  “The week before you arrived?”

  “I think so. As I say, I’m not sure.”

  “But it was before you arrived?”

  “Yes, it was.”

  “Russ Timberlaine mentioned the substitution?”

  “Yes, he did.”

  “Did he show you the gun?”

  “Yes, he did.”

  “The gun he claimed had been substituted?”

  “That’s right.”

  “The gun was a Colt .45?”

  “Yes, it was.”

  “With the initial R carved in the handle?”

  “Yes.”

  “Timberlaine showed you the initial R?”

  “Yes, he did.”

  “Pointed it out to you?”

  “Yes.”

  “Did the gun have the serial number ground off?”

  “Yes, it did.”

  “He showed you that too?”

  “Yes.”

  “Pointed out where it had been ground off?”

  “Yes.”

  “He showed you this gun and said it was a fake gun, that his gun had been stolen and this gun had been left substituted for it?”

  “Yes.”

  “He didn’t tell you he had purchased this gun?”

  Walcott stuck out his chin. “He most certainly did not.”

  “He didn’t mention that he had bought the gun himself at a gun shop on July 16th?”

  “No, he did not. And I don’t believe he did.”

  “But he did show you the gun and tell you he had found it substituted for the real Pistol Pete gun?”

  “Yes.”

  “And,” Vaulding said casually, “did he tell you any steps he had taken to identify that gun?”

  Walcott had relaxed during the latter part of his testimony as he realized the questions he was being asked were simple, the answers to them were already known and didn’t hurt Russ Timberlaine.

  Which is why he tripped on this one. He opened his mouth to answer, hesitated, blinked twice, frowned and said, “What do you mean?”

  Vaulding smiled. “Exactly what I said. When Timberlaine told you about the substitution of guns, did he mention if he had taken any steps to prove that there had been a substitution of guns? Did he do anything that would help to identify one gun from the other?”

  “Oh.”

  “Well, Mr. Walcott?”

  “He had not marked the guns in any way.”

  Vaulding smiled. “I didn’t say he had, Mr. Walcott. I merely asked you if he had taken any steps to keep them straight.”

  “Yes, but—well, the question makes no sense. He only had one gun. The gun that had been substituted. The other one was no longer there.”

  “I understand, Mr. Walcott.” Vaulding smiled, but his eyes were hard. “Referring to that gun—the one that was there—did Russ Timberlaine state that tests had been performed on that gun for the purpose of identifying it and keeping it straight and separate from the other gun, should it turn up again?”

  Donald Walcott took a breath. He looked at the defense table, as if hoping for an objection.

  “Witness will answer the question,” Judge Hendrick said.

  Walcott looked around helplessly. “Yes, he did,” he blurted.

  Vaulding smiled. “Thank you, Mr. Walcott. Russ Timberlaine told you that he had performed a test on the gun?”

  “Yes.”

  “What kind of a test?”

  Walcott took another breath. “He had had test bullets fired through it for the purpose of identification.”

  Vaulding smiled again. “He had fired test bullets through this gun?”

  “Yes.”

  “The substituted gun?”

  “Yes.”

  “The gun he claims he was wearing at the time of the auction? The gun that was found in his gun belt on his bedside table? The gun, People’s Exhibit Four, that is in evidence here in court and has been identified as the murder weapon?”

  “Objection, Your Honor,” Steve said. “Leading and suggestive and assuming facts not in evidence.”

  “Overruled,” Judge Hen
drick said. “I’ve allowed leading questions, and those facts are in evidence. Witness may answer.”

  “Is that the gun you are referring to?” Vaulding asked.

  “Yes, it is.”

  “Russ Timberlaine stated that he had fired test bullets through this gun?”

  “Yes.”

  “And had he had those bullets compared to any other bullets?”

  “Yes.”

  “What bullets?”

  “Bullets from the original Pistol Pete Robbins gun.”

  “The original gun?”

  “That’s right.”

  “And where did he get those bullets if the gun had been stolen?”

  “He said he’d been target shooting with the gun before it was stolen. He’d dug the bullets out of the target.”

  “And he said he’d had those bullets compared and identified?”

  “Yes, he had.”

  Vaulding smiled. “And who did he have compare and identify them for him?”

  Walcott hesitated, then blurted, “Steve Winslow.”

  There was a shocked gasp, then murmurs in the courtroom. Judge Hendrick banged the gavel.

  Vaulding’s smile grew broader. “Did you say Steve Winslow?”

  Judge Hendrick banged the gavel again. “Already asked and answered, Mr. Vaulding. Ask another question.”

  “Yes, Your Honor. Mr. Walcott, Mr. Timberlaine told you that he had given the substituted gun and the bullets to Steve Winslow and asked him to fire test bullets through it and to compare and identify the bullets?”

  “That’s right.”

  “And did Russ Timberlaine say that Steve Winslow had given him back the gun?”

  Walcott frowned. “I don’t remember.”

  “Well, he must have if he showed it to you.”

  “Objection.”

  “Sustained.”

  “All right. Never mind the gun. Did he say anything about the bullets? Did he say whether Steve Winslow had given him back the test bullets.”

  Walcott hesitated, then said, “Yes, he did.”

  “He said he had been given back the test bullets?”

  “Yes.”

  “Where are those bullets now?”

  “I don’t know.”

  “Did Russ Timberlaine tell you what he did with those bullets?”

  “No, he did not.”

  “He didn’t tell you where he put them?”

  “No.”

  “But to the best of your knowledge, those bullets are still in Russ Timberlaine’s possession?”

  “Objection.”

  “Sustained.”

  “Did Russ Timberlaine tell you he had given the bullets to anyone?”

  “No.”

  “Or disposed of them in any way?”

  “No.”

  “But he told you he had received them from Steve Winslow?”

  “Yes.”

  Vaulding turned to Judge Hendrick. “Your Honor. At this time I ask the court to take judicial cognizance of the importance of this evidence and order the defense to produce those bullets.”

  “So ordered,” Judge Hendrick said. “Mr. Winslow, you are hereby ordered to bring into court any and all bullets testified to in court, that is, the bullets tested by you and delivered to the defendant Russ Timberlaine. I realize of course you will need to confer with your client. I am therefore adjourning court for the day, and we will take these matters up tomorrow morning at ten o’clock.”

  36.

  RUSS TIMBERLAINE FROWNED DOWN at the papers in front of him, then looked at Steve Winslow through the wire-mesh screen. “Explain it to me again,” he said.

  Steve sighed. “The papers you are signing give me power of attorney to open your safe-deposit box and get the bullets.”

  “And the gun.”

  Steve took a breath. “I am also having you authorize me to open the safe-deposit box containing the gun.”

  “So we can show the bullets came from the gun,” Timberlaine said.

  “Of course.”

  Timberlaine looked up sharply. “You are going to show the bullets came from the gun?”

  “In all due time.”

  “What does that mean?”

  “At the moment we are being asked to produce bullets. Eventually we will need to show where those bullets came from. That needs to be done in an orderly fashion. Here’s how it will go. We’ll produce the bullets. The bullets will be examined by the ballistics expert, who will compare them to the fatal bullet and to the bullets from the original Pistol Pete gun.

  “Now, in one of the test tubes that I gave you is a bullet that you say you dug out of the target. A bullet presumably from the original Pistol Pete gun. If it was indeed from the gun, it should match the test bullets fired from the gun, People’s Exhibit Three, the gun found by the body, the gun believed to be the original Pistol Pete gun.”

  “Exactly,” Timberlaine said. “And it will.”

  “Fine,” Steve said. “But the bullet in the other test tube—the bullet from the gun you gave me, the gun you found substituted for the original gun—that bullet will not match any of the guns in court.”

  “Of course not,” Timberlaine said. “Because they got the wrong gun. I switched guns, so these bullets have absolutely nothing to do with it. The only gun they will match is the gun in my safe-deposit box. Which is why we have to give them that gun.”

  “Fine,” Steve said, “but not now.”

  “Why not?”

  “Because we’re not putting on our case. They are. They’ve asked for the bullets, so we give them the bullets. They haven’t asked for the gun, so we don’t give them the gun.”

  “That’s silly.”

  “No, it isn’t. Try and understand the situation. Vaulding’s putting on his case. Any evidence he brings out, he’s got to explain. We give him these bullets, he gives ’em to the ballistics expert to match ’em up with the fatal bullet. The guy tries and they don’t match. That shoots Vaulding’s theory full of holes and makes him look like a fool. He’s gotta explain the evidence, and he can’t. And there’s no reason for us to help him. Because if he can’t make a case, the judge is gonna dismiss. You hear what I’m sayin’? We don’t have to do anything. The burden of proof is on the prosecution. Let Vaulding putz around and mess things up. Let him look like a schmuck. Then when it’s our turn up to bat, we’ll explain everything and look like champs. The jury will say, ‘Oh, so that’s how it is, thank you so much for clearing it up, not guilty, Mr. Timberlaine.’”

  Timberlaine shook his head. “I don’t like it.”

  Steve took a breath. “Why the hell not?”

  “The witness says I bought a gun.”

  “Yeah. So?”

  “And Vaulding’s claiming it’s the gun in court.”

  “Yeah, but he can’t prove it. So what?”

  “That’s what he’s claiming, and people will believe him. So we gotta produce the other gun and prove the gun I bought isn’t the gun in court.”

  Steve shook his head. “Here we go again.”

  “Why is that the wrong thing to do?”

  “I just told you why.”

  “Yeah, but I don’t agree.”

  Steve shrugged. “You are free to fire me and hire another lawyer.”

  “I don’t want to hire another lawyer.”

  “Then you have to follow my advice.”

  “That isn’t fair.”

  Steve looked at him. “What, are you ten years old? You want fair? I don’t think it’s fair that you’re up for murder, but you are. Just because it’s unfair, nobody’s gonna let you off the hook. It’s a sad fact, but that’s life.”

  “I know, damn it,” Timberlaine said. “It’s a hell of a position to be in. That’s why I want to do everything I can to get out. And when we have the evidence in our hands—it just seems stupid to sit on it.”

  “O.K.,” Steve said. “I’m glad you told me how you felt.”

  “You gonna act on it?”

 
; “I’ll take it under advisement.”

  “What does that mean?”

  “I means I’ll think about it. I know what you want, and I know what you’re going through. I’m gonna do my best to get you out of this as quickly as possible. That’s all I can do, it’s the best I can promise you. O.K.?”

  For a few moments Timberlaine didn’t say anything, just stared at Steve Winslow. Then he looked down, picked up the pen, signed the papers and pushed them through the slot in the wire-mesh screen.

  “O.K.,” he said.

  But he did not look happy.

  37.

  TRACY GARVIN LOOKED UP from her desk in the outer office when Steve Winslow came in the door. “Did you get it?” she asked.

  “Yeah, I got it. Any calls?”

  “Just Mark. He’s in his office waiting for reports, but nothing much is coming in.”

  “At this point, I don’t know whether that’s good or bad.”

  “Yeah, I know. Right now you’ve got your hands full, don’t you?”

  Steve Winslow looked down at the briefcase he was holding. He grinned. “That I do.”

  Steve went into his inner office, put the briefcase on the desk, popped it open. He reached in, took out the test tubes containing the bullets.

  Tracy, who had followed him in, said, “Now where have I seen those before?”

  “Yeah, really,” Steve said. “Boy, that seems a long time ago, doesn’t it?”

  “I’ll say.” Tracy jerked her thumb at the briefcase. “What else you got in there, mister?”

  Steve shrugged. “Papers. Books. A few odds and ends.”

  “You wouldn’t happen to have a Colt .45 with the initial R carved in the handle, would you?”

  Steve reached in and pulled it out. “Doesn’t everybody?”

  “Everybody in this case,” Tracy said. “So what are you gonna do with this stuff?”

  “I thought I’d put it in the safe.”

  “That safe there?”

  “Yeah. Why?”

  “Isn’t that where the other gun and bullets are?”

  “Is it? It’s been so long, I don’t remember.”

  “Take my word for it.”

  Steve shrugged. “You could be right.”

  “So you’re gonna put ’em in the safe?”

  “Yeah. Listen, why don’t you give Mark Taylor a call, tell him to come down here?”

  Tracy took off her glasses, folded them up, put her hands on her hips and grinned. “Nice try,” she said.