The Wrong Gun

26

Vaulding led off with Lieutenant Sanders, who testified to responding to a report of a homicide at the Timberlaine mansion.

“And what did you find when you arrived?” Vaulding asked.

“Two officers were already on the scene. There was a body on the floor, and it was indeed an apparent homicide.”

“And had the officers taken any action?”

“Only to secure the premises and hold it until the Crime Scene Unit arrived.”

“And what happened when you arrived?”

“I took charge from the officers and inspected the crime scene.”

“You inspected it personally?”

“Yes, I did. I instructed the Crime Scene Unit to process it, but I naturally inspected it myself. I always do.”

“Could you please describe the crime scene and tell us what you found?”

“Yes, sir. The crime scene was the gun room in the Timberlaine mansion. If I may explain, Russ Timberlaine, the defendant, is a gun collector. What I refer to as the gun room was a room with shelves and cases where his collection was displayed.”

“Similar to a museum exhibit?” Vaulding asked.

Sanders nodded. “Good analogy. There were glass-enclosed cases, glass-topped tables with guns on display in them. Very similar to a museum exhibit.”

“And where was the body?”

“It was lying face up on the floor, in the middle of the room. Right next to one of the gun cases. The glass-enclosed table-top cases, I mean. And he was bleeding from the forehead, from what I presumed to be the wound of a bullet.”

“But you don’t know that for a fact?”

“No, sir, I do not. I only know that I saw blood coming from a wound in the forehead.”

“I see,” Vaulding said. “Now, in addition to the police officers you have already testified to, was there anybody else present at the scene of the crime when you got there?”

Sanders nodded. “Yes, sir. There were several guests staying at the mansion over the weekend, and by the time I got there, many of them had heard of it and gathered around to find out what was going on. In fact, the main job of the two officers on the scene was keeping them away.”

“Did you have dealings with any of these guests in particular?”

“Yes, sir.”

“And who would that be?”

“Mr. Steve Winslow and Miss Tracy Garvin.”

“Steve Winslow?” Vaulding said. “Are you referring to Mr. Steve Winslow, the attorney for the defense?”

“That’s right.”

“I see. And who is Miss Tracy Garvin?”

“She is Mr. Winslow’s confidential secretary.”

Vaulding smiled. “Thank you,” he said. He turned to the judge. “Your Honor, at this point I have a motion that had best be made outside the presence of the jury.”

Judge Hendrick frowned. “Very well. Bailiff, if you would show the jury out.”

The jurors looked at each other as the court officer opened the doors and led them out. There was a low buzz of conversation in the courtroom while this was happening, and Steve was sure he heard his name mentioned.

When the jurors had been led out, Judge Hendrick said, “Yes, Mr. Vaulding, what is your motion?”

“Your Honor,” Vaulding said. “You will note that Lieutenant Sanders has just testified in response to my question that two weekend guests he paid particular attention to were Steve Winslow and Tracy Garvin. Steve Winslow is the attorney for the defense. Tracy Garvin is his confidential secretary. Mr. Winslow and Miss Garvin were guests of Mr. Timberlaine at the time of the murder, and actually happened to be the first ones to discover the body. I have no wish to embarrass Mr. Winslow or Miss Garvin in this manner, or run the risk of tainting these proceedings by having the attorney for the defense testify as a witness for the prosecution. Therefore, I am attempting to avoid calling Mr. Winslow or Miss Garvin. Frankly, I don’t think their testimony is necessary. Nor do I think undue importance should be attached to the fact that they were the ones who found the body. It is not my intention to imply, for instance,” Vaulding said, “that the reason they found the body was because their client told them it was there.”

Steve Winslow sprang to his feet. “Oh, Your Honor!”

“Exactly,” Judge Hendrick snapped. “Mr. Vaulding, you must understand why that remark is extremely objectionable. In fact, with the jury present, that alone could be enough for a mistrial.”

Vaulding smiled. “I’m sorry, Your Honor. I was just pointing out why I don’t feel that their testimony is necessary. But to the point at hand. As it is my stated intention to avoid putting Mr. Winslow and Miss Garvin on the stand, it becomes necessary to refer to their finding of the body in a manner that otherwise might technically be regarded as hearsay.”

Judge Hendrick frowned. “You intend to ask Lieutenant Sanders why in particular he questioned Mr. Winslow and Miss Garvin, and expect him to answer that it was because they were the ones who found the body?”

Vaulding nodded. “Exactly, Your Honor. Which is of course hearsay, because how could Sanders know that except from something they or some third party told him.”

“I see,” Judge Hendrick said. “And what, specifically, is your motion?”

“I am willing to stipulate that Mr. Winslow and Miss Garvin need not be called to testify about finding the body, if Mr. Winslow will stipulate that I may ask questions regarding the finding of the body that might technically be considered hearsay.”

Judge Hendrick turned to Steve Winslow. “Mr. Winslow?”

“Yes, Your Honor.”

“You’ve heard what Mr. Vaulding has in mind. In light of the stipulation that he intends to avoid calling you and Miss Garvin to the stand, are you willing to stipulate that he be allowed the latitude to ask questions that might technically be considered hearsay?”

“No, Your Honor.”

There came a surprised murmur from the spectators in the courtroom. Obviously, all of them had expected Steve to agree.

Apparently, Judge Hendrick had too. He frowned. “You’re not willing, Mr. Winslow?”

“Absolutely not, Your Honor,” Steve said. “I’d be a fine attorney if I stipulated away my client’s rights to avoid embarrassing myself.

“I’ll go this far, however. Mr. Vaulding can ask Lieutenant Sanders whatever questions he wants, and I’ll try not to object unless I feel an answer might tend to violate the rights of my client. But to make a blanket statement that I don’t intend to object-that’s just ludicrous. Frankly, Your Honor, I don’t know what questions he’s going to ask or how the witness is going to answer. And I’m certainly not willing to let Lieutenant Sanders speak for me. If it works out, fine. But as far as being a witness in the case, let me tell you this. If Lieutenant Sanders’s recollection differs from mine, I’ll not only cross-examine him on it, when I start putting on my case, I’ll put myself on the stand to contradict him and try to impeach his testimony.”

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 question 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.