Parnell Hall - The Wrong Gun

“Good lord,” Tracy said. “Do you really think that’s true?”

“Of course not. He’s my client, and I think he’s innocent.”

“Fine,” Tracy said without enthusiasm. “That’s convincing as all hell. Look, can we go back to the gun switching a moment?”

“Which gun switching?”

“Yeah, right. Vaulding’s theory. You and I find the murder weapon, Martin goes for the cops, you grab the gun and run upstairs.”

“What about it?”

“You said Timberlaine gives you the file to rough up the gun.”

“Right. So?”

“Where did he get the file?”

“It was there in his room.”

“Why?”

“Because there wasn’t time for him to get it from anywhere else.”

“I know that,” Tracy said. “That’s just the point. There wasn’t time, and there’s no reason why he’d have that file in his room, so it couldn’t have happened.”

“But the file was in his room. It may not make any sense, but it was. Timberlaine even admits it was. He claims he found it.”

“Yeah, but you’re not going to let him say so on the witness stand. And this is Vaulding’s theory, so how’s he gonna prove it?”

“He doesn’t have to prove it. He just has to plant the insinuation in the mind of the jury.”

“Yeah, but it still has to make sense. The theory is Timberlaine had the file and gave it to you to rough up the gun?”

“Sure.”

“And why did you do that?”

“So they couldn’t match up the fatal bullet.”

“Yeah, well then you made a bad job of it. Because they still matched up the fatal bullet.”

“I was in a hurry. I had to work fast.”

“Yeah, but still-”

Mark Taylor burst into the room.

“Got it, Steve!”

“Got what?”

“My operative’s back. I got the name of the collector.”

“Thank God for that. Who is he?”

“You’re a sexist pig again.”

“What?”

Taylor grinned. “The collector’s a woman.”

“For Christ’s sake, Mark.”

“Sorry. I couldn’t resist.”

“Maybe not, but-Oh, shit.”

“What?”

“Don’t tell me the collector’s Felicia Ebersol?”

“Who?”

“Didn’t you question her? You know. That friend of Timberlaine’s.”

“I’m afraid you’re a sexist pig again.”

“What the hell?”

“Thinking there’s only one woman collector. Well, it’s not her. This collector’s name is Veronica Dreisson.”

“Can I talk to her?”

“Would you want to?”

“Actually, yes. My instinct is to bury her, but as an attorney, I want to make sure her rights are protected.”

“That’s what I wanted to ask you about.”

“What?”

“She’s in California.”

“Oh?”

“Yeah. And she’s comin’ back tomorrow. I was wondering if some business or other might induce her to stay over?”

Steve gave him a look.

Taylor shrugged. “Just a thought.”

“No, Mark, let her come back. I want to talk to her when she gets here.”

Taylor looked concerned. “You gonna put her on the stand and drop a bombshell by bringing in the other gun?”

“I wouldn’t do that unless I absolutely had to.”

“That does not cheer me.”

“Right now that looks like a sucker play.”

“That does.” Taylor took a breath. “I certainly don’t want you to tell me anything you don’t want to tell me.”

“What does that mean, Mark?”

“This morning you produced a gun in court.”

“Naturally. I’m not going to defy a subpoena.”

“Now I know you don’t want to tell me anything or you already would have, but I was just thinking.”

“What was that, Mark?”

“I was thinking-hypothetically speaking, of course-but wouldn’t it be nice if that gun you produced was the gun that Timberlaine originally gave you? The one I tested the bullets from. The one you substituted for the one I bought. The one that’s been sitting in your safe ever since. Because in that event, the bullets you gave them would conveniently match the gun you gave them. And the gun you got from Timberlaine’s safe-deposit box-my gun-would now be sitting in your safe where no one would ever think of looking for it. And no one would ever find it, unless you yourself, for some perverse reason, brought it into the case. But barring that, no one would ever ask anything about that gun, because no one would ever know that it even existed. And to all intents and purposes, it never would have existed, because the evidence would all be back in order, and the guns and bullets would all match up. And yours truly would be off the proverbial hook.

“Well,” Taylor said. “What do you think of that?”

Steve smiled. “Well,” he said. “Hypothetically speaking, I hope you’re right.”

Mark Taylor looked at him. “Are you telling me you did that?”

“Of course I’m not telling you that.”

“Too bad,” Taylor said. “It would sure take the pressure off. Particularly with Vaulding pointing out you had the opportunity of switching guns.”

“Oh, you caught that?”

“I sure did.”

“Then it’s a cinch everybody else in court did too.”

Taylor winced. “Hey, thanks a lot.”

Steve grinned. “Just getting back at you for the sexist stuff.”

“I was kidding.”

“Yeah, well you hit a nerve. Tracy just got through needling me to get on Vaulding’s case to get him to call her Ms.”

Taylor grinned. “Are you kidding me?”

“I’m kidding too,” Tracy said, “but the fact is, the son of a bitch should.”

“Maybe so,” Taylor said. “But if I were you I wouldn’t push it. Kind of a low priority.” He shrugged. “I mean, hell, if I can just get out of this damn case without being charged with anything, the D.A. can call me any damn thing he likes.”

Philip Manning did not look comfortable on the witness stand. He shifted position, tugged at his collar, elevated his chin. His actions gave him a somewhat defiant appearance. In view of Judge Hendrick’s admonition not to communicate his findings to the prosecution, his attitude created the impression that pressure had probably been put on him to do exactly that.

Vaulding didn’t look too pleased either. He frowned, looked around the courtroom, then turned to confront the witness.

“Now, Mr. Manning. Yesterday you were furnished with additional materials, People’s Exhibits Five-A and — B and People’s Exhibit Six, and instructed to perform certain tests on them. Have you completed those tests?”

“Yes, I have.”

“Have you communicated the results of those tests to me?”

“No, I have not.”

“Or to anyone else?”

“No, sir.”

“Are you prepared to do so now?”

“Yes, I am.”

“Fine. Regarding the gun, People’s Exhibit Six, were either of these new bullets, People’s Exhibit Five-A or People’s Exhibit Five-B, fired by that gun?”

“Yes, sir. The bullet, People’s Exhibit Five-B-the one from the tube marked RT-SUB-came from the gun, People’s Exhibit Six.”

“There is no question in your mind?”

“None whatsoever. And what’s more-”

Vaulding held up his hand. “One moment, Mr. Manning. There are enough guns and bullets that this is rather confusing. Let’s try to take it in an orderly manner. That accounts for the bullet, People’s Exhibit Five-B. What about the bullet, People’s Exhibit Five-A? The one marked RT-ORIG? Did you determine what gun that bullet came from?”

“Yes, sir.”

“What gun was that?”

“It came from the gun, People’s Exhibit Three.”

“The original Pistol Pete Robbins gun found by the body?”