Parnell Hall - The Wrong Gun

“Yes, I do.”

“You have pictures of the fatal bullet and the test bullet in the comparison microscope?”

“Yes, I do.”

“And these pictures show the scratches on the bullets lining up?”

“Yes, they do.”

“And they also show the marks from the fresh scratches on the gun barrel, which you claim were made by a rasp or file?”

“Yes, they do.”

“I see. And do you have those pictures here in court?”

“No, I do not.”

“Why not?”

“Objection.”

“Overruled.”

“I wasn’t asked to bring them.”

“Were you asked not to bring them?”

“Objection.”

“Overruled.”

“I was told there was no need.”

“Who told you that?”

“Mr. Vaulding.”

“Mr. Vaulding told you there was no need to bring these pictures into court?”

“Objection. Already asked and answered.”

“Sustained.”

“Your Honor, I ask that this witness be instructed to return to court and bring with him the pictures he has just testified about. The pictures of the fatal bullet and the test bullet on the comparison microscope.”

“So ordered,” Judge Hendrick said. “Mr. Winslow. Does that mean you have completed your cross-examination at this time?”

“Actually, I have a few more questions, Your Honor.”

“Very well. Then I’ll withhold instructing Mr. Manning when he is to return until such time as this phase of his examination is complete. Proceed, Mr. Winslow.”

“Thank you, Your Honor. Mr. Manning, you have already testified to comparing the fatal bullet with the test bullet?”

“Objection. Already asked and answered.”

“It is preliminary, Your Honor.”

“I should think so,” Judge Hendrick said. “I’ll allow it on that assurance. Could we try, gentlemen, to dispense if possible with overly technical objections? Proceed.”

“You have testified to comparing the fatal bullet with the test bullet from the gun, People’s Exhibit Four?”

“Yes, I have.”

“Let me ask you this: did you compare the fatal bullet with test bullets fired from any other gun?”

“Objection. Irrelevant and immaterial.”

“Overruled.”

“Yes, I did,” Manning said.

“You did? And what gun would that be?”

Manning cleared his throat. “That would be the gun, People’s Exhibit Three.

“Really? The gun that was found next to the body?”

“I have no knowledge as to that,” Manning said. “I wasn’t there when the gun was found.”

“No, you weren’t,” Steve said. “Nor were you there when the other gun, People’s Exhibit Four, was found, were you?”

“No, I was not.”

“When you say you don’t know that this gun, People’s Exhibit Three, was the gun found next to the body, you also don’t know that the gun, People’s Exhibit Four, was the gun found in Russ Timberlaine’s bedroom, do you?”

“Objection.”

“Overruled.”

“No, I do not.”

“Thank you, Mr. Manning. I didn’t think you did.”

“Oh, Your Honor,” Vaulding said.

“Exactly,” Judge Hendrick snapped. “Mr. Winslow, I’ve warned you about such side remarks.”

“Sorry, Your Honor. Mr. Manning, you have testified to comparing the fatal bullet with test bullets fired from the gun, People’s Exhibit Three, is that right?”

“Yes, it is.”

“Can you tell us the results of that comparison?”

“Yes. The bullets didn’t match.”

“They didn’t?”

“No.”

“Was that readily apparent?”

Manning hesitated a moment. “Actually, it was not.”

“And why was that?”

“Because the gun in question, People’s Exhibit Three, is a Colt.45. As is the murder weapon, People’s Exhibit Four. Therefore the class characteristics were the same.”

“Class characteristics?”

“Yes. The markings that the barrel of a gun leaves on a bullet can be broken down into what we call class characteristics and individual characteristics. Class characteristics are the markings that are common to a particular make and model of gun. In this case we have the Colt.45. Since the guns are of similar manufacture, the barrels of all Colt.45s will leave some similar markings on bullets fired through them. Due to the similarity in structure. These similar markings are known as the class characteristics. By comparing them, it is possible to tell what make and model of gun a bullet was fired from.

“On the other hand, the individual characteristics are the markings on a bullet that are unique in terms of a particular gun. In other words, they are marks that will only appear on bullets fired from that gun.”

“Thank you,” Steve said. “So what you’re saying is, when you compared the fatal bullet with a bullet fired from the gun, People’s Exhibit Three, you found similarities?”

“Due to the class characteristics. As I’ve just explained.”

“I understand. But the fact is you found them. And because you found them, you continued trying to match up the bullets.”

“Which I could not do,” Manning said. “I attempted to do so to the best of my ability, but it was not possible. I now realize it was because the bullet did not indeed come from that gun.”

Steve Winslow’s head came up. He raised one hand. “Just a minute, Mr. Manning. You say you now realize it was because that wasn’t the gun?”

“Yes, of course.”

“Then when you were attempting to align the bullets, you were acting on the assumption that it might be the gun?”

“Yes, of course. That’s the whole point of doing the alignment.”

“I understand,” Steve said. “But if you had already matched the fatal bullet with the gun, People’s Exhibit Four, you would have known it couldn’t match with a bullet fired by the gun, People’s Exhibit Three. Isn’t that right?”

“Yes, it is.”

“Are you saying now that you’re not entirely sure that you have a match with People’s Exhibit Four?”

“Not at all,” Manning said.

“You do have a match?”

“Yes, we do.”

“Well, if you’re certain, why would you be comparing the bullet with another gun and looking for a match?”

“Well,” Manning said. “As to that…” He hesitated, pursed his lips.

Steve Winslow smiled. “Am I to assume you compared the fatal bullet with a test bullet fired from the gun, People’s Exhibit Three, before you compared it with a bullet fired from the gun, People’s Exhibit Four.”

Manning took a breath. “Yes. That is correct.”

Steve Winslow’s smile widened into a grin. “Gee, Mr. Manning,” he said. “Let me be sure I understand your testimony. The police first came to you with a gun. The gun found next to the body. The gun, People’s Exhibit Three. And you tried to match it up with the fatal bullet. When you couldn’t get a match, they said, ‘Try this one,’ and gave you another gun, People’s Exhibit Four, the gun taken from Timberlaine’s bedside table, and asked you to try to match that up.”

“As I said before,” Manning said, “I have no personal knowledge as to where those guns came from.”

“All you know is the cops gave you one gun, and when that wouldn’t match with the fatal bullet they gave you another?”

“That’s a gross oversimplification.”

“Perhaps it is. Tell me, did you take pictures of the test bullet fired from the gun, People’s Exhibit Three, on the comparison microscope?”

“Yes, I did.”

“You took pictures showing that bullet in alignment with the fatal bullet on the comparison microscope?”

“Now, that’s misleading,” Manning said. “I did take pictures of the two bullets in those positions. But they are not in alignment. They are aligned in as much as it was possible to do so from the class characteristics. But there is no way they could be in alignment, because they were not fired from the same gun.”