Parnell Hall - The Wrong Gun

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 Hendrick 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.”

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.”