Parnell Hall - The Wrong Gun

“I mean, is it legal?”

“There’s no law says you gotta say everything in the world in your opening statement. Hell, there’s no law says you gotta make an opening statement. Vaulding could have waived his opening statement and started calling witnesses for that matter. He made his opening statement, it was a good one, he just chose to leave that out.

“Which is one of the things that set me off. One of the reasons maybe I said more than I should’ve.”

“Then you think it’s a good tactic?”

“Hell, yes. It also anticipates the moron factor.”

“The what?” Taylor said.

Steve made a face. “One of my big problems in this case is my defendant’s not very bright. Be that as it may, I still gotta argue the guy couldn’t be so dumb as to do such and such. The main thing, of course, is hold on to the murder gun.

“Of course, Vaulding knows that. And he anticipates the argument and this is his response.”

“Timberlaine used the file so he could keep the murder weapon?”

“Exactly.”

“But then he goes ahead and keeps the file.”

“I told you it’s the moron factor, Mark.”

“Jesus.”

“Hey, it’s in our favor. Vaulding’s the one’s gotta argue the guy had to be that dumb.”

“Well, just between you and me, maybe he is.”

“No takers.”

“So how you gonna play it?”

Steve grimaced. “That’s the problem with this case. I haven’t the faintest idea. Vaulding’s unconventional, which makes it hard to plan. So I’m not acting, I’m reacting. Basically I gotta sit back and see what Vaulding does next.” Steve shrugged. “And there, Mark,” he said, “your guess is as good as mine.”

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?”