“I understand. Considering that, I’m very grateful you’re not dropping him as a client. And I understand why you’re pissed off. But the time of death’s the time of death. The M.E. putting it between four and six is not really a major kick in the ass.”
“It is in one respect. After Timberlaine stormed out of the auction, he fired the gun. A lot of people heard the shot, and can testify it was before the auction broke up.”
Taylor frowned. “That’s right.”
“The stupid thing is, that shot is virtually irrelevant.”
“Why?”
“Because they heard it. The way I understand it, the gun room is virtually soundproof, and there’s no way anyone sitting in the auction room could have heard the shot that killed Potter. Assuming that’s where it was fired.” Steve yawned and stretched. “Tell me, how did you get the report anyway? Tracy just got through telling me the reporter had nothing.”
“I’m sure he doesn’t,” Taylor said. “This came straight from the medical examiner’s office.”
“Oh?”
“Hey, sometimes you get lucky. I got a guy knows a girl got a boyfriend whose sister works for the medical examiner.”
“You’re kidding.”
“No. So for once you get a break. You’re getting your information ahead of the press.”
The phone in the other room rang.
“I’ll get it,” Tracy said, and disappeared through the door.
Steve followed her into the next room. Taylor came and stood in the doorway.
“Hello,” Tracy said. “Yes, he’s here.” She looked up at Steve. “Carrie Timberlaine.”
Steve walked over, took the phone. “Yeah, Carrie?” He listened. “Where is he? … O.K., I’ll be right there.”
Steve hung up the phone. “O.K., gang. Shit’s hit the fan. They just gave Timberlaine his one phone call.”
“You’re kidding,” Taylor said.
“No. Brought him in, charged him with murder. Tracy, hang out with Mark, wait for my call. I’m going over there.”
Steve turned and headed for the door.
The phone in the other unit rang.
“Shit,” Taylor said. “Wanna hang on in case it’s important?”
“Haven’t got time.”
Steve jerked the door open, went outside. He crossed the parking lot, got in the rental car and gunned the motor. He backed out of the space and was just pulling out of the lot when Tracy Garvin came flying out the door waving her arms.
Steve slammed the car to a stop, jerked open the door.
“What is it?” he yelled.
“I don’t know. Mark just yelled to stop you.”
“Shit,” Steve said. He switched off the motor, jumped out of the car, ran back to the motel.
Mark Taylor was still on the phone.
“What is it?” Steve said.
“Just a second,” Taylor said. “O.K., call me back.” He slammed down the phone, turned to look at Steve. “The reporter finally got the news. They arrested Timberlaine.”
“I know that,” Steve said impatiently. “Shit, I was on my way over there.”
“I know, but you don’t know the half of it. They got the ballistics report. That’s why they arrested him. They matched up the bullet with the gun.”
“So what? We knew they would.”
“Yeah, but it’s the wrong gun.”
“What?”
“It’s the wrong fucking gun,” Taylor said. “According to ballistics, the gun Potter was killed with was the gun Timberlaine gave them. The gun he was wearing at the auction.” Taylor looked up at Steve and cocked his head. “You know. The gun I bought you.”
19
Russ Timberlaine ran his hand over his face and looked at Steve Winslow through the wire-mesh screen in the lockup. “I’m sorry,” he said.
“Hey,” Steve said. “No reason to be sorry. You’re the one charged with murder.”
“I can’t understand that.”
“It’s perfectly easy to understand,” Steve said. “You disregard your lawyer’s advice, shoot your mouth off to the cops. Of course they’re gonna ask you everything they want to know until they get enough on you to charge you with murder.”
“That’s not the point,” Timberlaine said irritably. “All right, in retrospect I shouldn’t have talked. But how the hell was I to know?”
“Know what?”
Timberlaine’s eyes blazed. “That that gun killed him. It’s absolutely impossible. It can’t have happened.”
“According to ballistics-”
“Fuck ballistics. I know what I know.”
“And what do you know?”
“What?”
“Tell me what you know,” Steve said. “Do me a big favor, since I’m your lawyer, and catch me up with the cops.”
“There’s no reason to be sarcastic.”
“No, of course not,” Steve said. “You fuck everything up, hand me a hopeless murder case and say defend it. What the hell am I supposed to do?”
“Now hang on,” Timberlaine said. “This is not my fault. Someone has framed me and framed me good. If that hadn’t happened, nothing I said would have mattered. Now let’s stop bellyaching and take a look at the facts.”
“Fair enough,” Steve said. “And what is your version of the facts?”
Timberlaine glared at him. “My version is the truth. If it doesn’t make any sense, I can’t help that. But that’s the way it is.”
“Fine,” Steve aid. “Let me in on this truth.”
Timberlaine took a breath. “All right,” he said. “First off, Burdett outfoxed me on the auction. Outbid Crumbly for the gun I wanted.”
“No shit,” Steve said. “That was obvious to everybody there. You were furious because Burdett got a tip.”
“Right,” Timberlaine said. “Exactly.”
“Did you tell that to the cops?”
“Of course I did.”
“Christ,” Steve said. “But there was no reason to think that. It was a gun you would have naturally wanted. Burdett could have come to that conclusion himself.”
“I know that,” Timberlaine said.
“So there was no reason to think he got a tip.”
“Maybe not, but I think he did.”
“He says he didn’t.”
“I don’t care what he says. I still think he got a tip.”
“Fine,” Steve said, without enthusiasm. “Let’s not argue about it. Anyway, what did you do?”
“I started out of the auction, I was angry. I went out the back door onto the patio. Of course, no one was there. Everyone was in the auction.”
“So what did you do?”
“I felt like letting off steam. I went out to the pistol range to shoot the gun.”
“Was that what you did?”
“No.”
Steve frowned. “What?”
“I never got there. Halfway there it occurred to me I didn’t give a shit about hitting the target, I just wanted to fire off the gun. So I did.”
“What do you mean?”
“I just took out the gun and shot it.”
“Where?”
“Right there. On the path.”
Steve’s eyes widened. “Jesus Christ.”
“Hey, what’s wrong with that?”
“Where were you aiming?”
“Nowhere in particular.”
“What?”
“Relax. I shot up in the air, away from the house.”
“Are you sure?”
“Sure, I’m sure. I know guns, for Christ’s sakes.”
“Yeah, but-”
“So there’s no chance the shot I fired magically returned to the house, entered the gun room and killed Jack Potter.”
“O.K. Say it didn’t. After you shot, did you reload?”
“No. I just jammed the gun back in my holster.”
“What did you do then?”
“Kept on walking.”
“Where?”
“Actually, I went out past the pistol range.”
“Did you stop?”
“No. I’d already shot the gun. I kept on going.”
“Where?”
“I walked right on by it on the path. I actually made a big circle, wound up back at the house.”
“At what time?”
“I don’t know. But the auction wasn’t out yet.”
“Oh, yeah?”
“Yeah. There was no one on the patio. And I could actually hear the auctioneer over the loudspeaker as I went inside. I went in the back door up the stairs to my room.”
“What did you do then?”
“Just like I told the cops. I changed my clothes.”