“Yes, I was.”
“What time was that?”
“That would be approximately six-fifteen P.M.”
“At six-fifteen that evening the medical examiner arrived and examined the body?”
“That’s correct.”
Vaulding nodded. “Thank you. Your Honor, I have no further questions at this time. I may wish to recall the witness later.”
Judge Hendrick nodded. “Very well. The witness may step down.”
Steve Winslow stood up. “One moment, Your Honor. I have a few questions of the witness.”
Judge Hendrick frowned, hesitated a moment, then announced, “Let’s have a sidebar.”
When the attorneys and court reporter had once again assembled at the sidebar, Judge Hendrick said, “Mr. Winslow. In light of what we discussed, I had not anticipated that you would attempt to cross-examine this witness.”
“I certainly never stipulated that I wouldn’t, Your Honor.”
“I’m aware of that,” Judge Hendrick said testily. “But you must be aware we are treading on dangerous ground here. Just as I would not allow Mr. Vaulding to ask the witness questions that you deemed leading and suggestive, I do not want to get into a similar situation of your leading the witness with regard to your version of finding the body.”
“I have no intention of doing so, Your Honor. And I am indeed sorry if your opinion of me is such that you would assume that is something I would naturally do.”
Judge Hendrick’s wits were obviously becoming frayed. “I assume nothing of the sort,” he snapped. “I am merely trying to head off a situation before it develops. I do not wish to spend this entire trial at the sidebar. It’s only natural to assume you intend to question him about finding the body, since he didn’t really testify to anything else.”
Steve nodded. “Your Honor is certainly entitled to your opinion. But I am entitled to my cross-examination. I certainly hope it won’t be objectionable.”
Judge Hendrick bit his lip. He was not happy with the situation, but he was stymied by the fact Steve Winslow was absolutely in the right.
When they had all resumed their positions, Steve Winslow said, “Now, lieutenant, you testified to arriving at the scene of the murder and finding the body of a man lying on the floor, is that right?”
“Yes, sir.”
“In what position was the body lying?”
“On its back.”
“I believe you testified that the body was bleeding from a wound in the forehead?”
“That’s right.”
“Was the body alive or dead?”
“Objection, Your Honor.”
“Overruled. Witness may answer.”
“Was the man alive or dead?”
“He was dead.”
“Really?” Steve said. “Tell me. Do you have any medical training, lieutenant?”
“No, I do not.”
“Ever take any medical courses?”
“Objection. Already asked and answered.”
“Sustained.”
“Lieutenant, how did you determine that the man was dead?”
Lieutenant Sanders took a breath. “Let me make something clear. I did not determine that the man was dead. I left that to the medical examiner. Who, as I testified, arrived shortly after I did.
“But if you ask me if the man was dead, in my opinion the man was dead. But that is admittedly not a medical opinion, and does not have the same evidentiary value as the opinion you are going to get from the medical examiner.”
Steve smiled. “Thank you. But whatever weight you may wish to attach to it, your personal opinion is that the man was dead?”
“Yes, it is.”
“Fine,” Steve said. “Now I think you testified that the man was bleeding from a wound in his forehead?”
“That’s right.”
“Is it?” Steve said. “But there are certain instances, are there not, where the simple act of bleeding would in itself be a sign of life? An indication that the heart was still functioning, pumping blood from the body. So I ask you again, lieutenant, are you certain the body was bleeding when you found it?”
Lieutenant Sanders hesitated. “There was blood on the face that had come from a wound on the forehead.”
“I understand,” Steve said. “But was that blood still flowing? In other words, lieutenant, I see three possibilities. Blood was flowing from the wound, indicating the heart was pumping blood from the body; blood was seeping from the wound, indicating the heart had stopped but blood was still draining from the body; and blood was no longer flowing, draining or seeping at all, and the blood on the face was merely an indication that the body had been bleeding.”
Steve paused, looked over at Lieutenant Sanders, who was practically glowering on the witness stand. Steve smiled. “Now, which would you say that was?”
Lieutenant Sanders took a breath. His effort to keep the irritation out of his voice was only partly successful. “The blood was not flowing and the heart was not pumping,” he said. “The blood was either seeping very slowly from a dead body, or had very recently stopped seeping from a dead body. You can split hairs any way you like, but I can’t give it to you any better than that.”
Steve smiled. “That will do quite nicely, lieutenant. And what time was it when you found the body?”
“Approximately six o’clock.”
“Would that be approximately fifteen minutes before the medical examiner arrived?”
“That’s right.”
“Thank you, lieutenant. That’s all.”
When Vaulding announced he had no questions on redirect, Judge Hendrick took note of the time and adjourned court for the afternoon.
27
When court reconvened the next morning, Vaulding called Fred Blessing, a chubby man with twinkling eyes who looked like a vaudeville comedian, but who turned out to be the medical examiner. Blessing testified to arriving at the Timberlaine mansion and examining the body of the deceased.
“And what time was it when you arrived?”
“Six-fifteen.”
“Exactly?”
“I arrived at the mansion at six-thirteen. I was at the scene of the crime by six-fifteen.”
“And what did you find?”
“I found the body of a man lying face up on the floor.”
“What did you do?”
“I immediately examined the body for signs of life.”
“Were there any?”
“There were none.”
“The man was dead?”
“Yes, he was.”
“Could you tell how long he had been dead?”
“Obviously, not for very long. The body was still warm.”
“Did you make any attempt to pin down the time of death?”
“Naturally. What I just gave you was my initial impression based on a preliminary examination of the body. Of course I made a more detailed inspection later on.”
“How much later on?”
“If I could consult my notes?”
“Please do.”
Dr. Blessing reached into his jacket pocket, took out a notebook. He thumbed through it. “Actually, not that much later. I have a note here that I took the body temperature at six twenty-one.”
“Before the body was removed to the morgue for your autopsy?”
“Absolutely. Body temperature is generally the most accurate means of determining time of death. It should always be taken as soon as possible.”
“And your records indicate you took it at six twenty-one on the evening of the murder?”
“That is correct.”
“From this were you able to more accurately determine the time of death?”
“Yes, I was. I would put the time of death between four o’clock and five-thirty on the afternoon of the murder.”
Vaulding nodded. “Very good, doctor. And did you also determine the cause of death?”
“Not at the time. My preliminary indication was that the man had met his death due to a wound in the forehead, but I could not verify that until I did my autopsy.”
“I understand,” Vaulding said. “But when you did, what was the result?”