“Absolutely not,” Dr. Blessing sputtered. “I used the word casually, not expecting it to be picked apart in this manner. If anything, I misspoke myself.”
Steve smiled. “Then you were wrong, doctor?”
“I was not wrong. I regret the use of the word basically. I retract it. I withdraw it.”
“I’m glad to hear it,” Steve said. “Then there were no other medical factors, were there, doctor?”
“No, there were not.”
“Then why do you compute the median time of death at four forty-five rather than five o’clock?”
“Now there you’re putting words in my mouth. I never said I did that. You said that. All I did was put the times death could have occurred between four o’clock and five-thirty.”
“Of which the median time is four forty-five, is it not?”
“Yes, but that is not how I arrived at those outside limits,” Dr. Blessing said. “While there were no other medical factors involved, there were factors to consider. The median time is five o’clock. Medically speaking, it would be possible for the man to have been killed between the hours of four and six. But the man couldn’t have been killed at six, because by that time there were already police on the scene. And as I understand it, you yourself found the body at five forty-five. And while it is still possible the man met his death as early as four o’clock, it is not possible he met his death as late as six. So I have tried to give the time of death in a means that takes into account both the medical circumstances and the physical circumstances surrounding the crime as we know them. And that is why the median time, as you attempt to compute it, is meaningless. Yes, five o’clock would have been the median time from those figures-the man still could have been killed as early as four or as late as five-thirty.”
“I see, doctor,” Steve said. “So you are now testifying that your medical opinion of the time of death is based on nonmedical factors?”
“No, I’m not!” Dr. Blessing snapped. “You can twist my words around any way you want, but I think I’ve given a fair and accurate appraisal of the situation.”.
“After a certain amount of prompting,” Steve said dryly.
“Objection!” Vaulding snapped.
“Sustained. Mr. Winslow, please refrain from such asides.”
“I’m sorry, Your Honor. Doctor, let’s take a look at this fair and impartial appraisal. You say death could have occurred as early as four or as late as five-thirty?”
“That is correct.”
“But you also say according to your medical evidence, death could have occurred as late as six o’clock. You discount that on the grounds that by that time officers were on the scene.”
“That is correct.”
“Tell me, was one of those officers Lieutenant Sanders?”
“Yes, he was.”
“Now, I don’t want to mislead you, but Lieutenant Sanders who has already testified in this case, mentioned observing blood on the face of the decedent. He first testified that when he arrived on the scene he saw blood flowing from the wound, but when I cross-examined him on it he said the blood was not flowing but was either seeping from the wound or had recently stopped seeping from the wound.
“With regard to that, I wonder if you observed the blood coming from the wound of the decedent?”
“Of course I did.”
“And when you first examined the body, was that blood flowing?”
“It was not.”
“Was it seeping?”
“If so, it was very slow. So slow as to be indistinguishable from the fact it had stopped.”
Steve nodded. “I see, doctor. And it was then that you determined that the man was dead?”
“Or immediately thereafter.”
“Yes, doctor,” Steve said. “While Lieutenant Sanders presumed the man was dead, it was you as medical examiner who pronounced him dead, who made that official determination?”
“That is correct.”
“Well, doctor, let me ask you this: if what Lieutenant Sanders observed was indeed blood coming from the wound of the decedent, is it possible that the decedent was alive when Lieutenant Sanders and the police got there, but died before you examined him?”
Dr. Blessing stared at him in exasperation. “How could I answer that?”
“You could say yes, you could say no, or you could say I don’t know.”
“Objection, Your Honor,” Vaulding said. “Badgering the witness.”
Judge Hendrick smiled. “I believe the witness asked him the question. The objection is overruled.”
“Is that possible?” Steve Winslow said.
Dr. Blessing shifted his position on the stand. “What do you mean, possible?”
“I mean physically possible. In terms of your medical findings. In other words, is there anything you discovered in your autopsy that would indicate that could not have happened?”
Dr. Blessing hesitated a moment. “No.”
Steve smiled. “I didn’t think so, doctor. So when you say to me the medical findings indicate the time of death could have been between four and six, but you altered that time because six was out of the question because the police were already on the scene, that is not entirely correct, is it? For all you know he could have been still alive when the police arrived, and expired before you examined him.”
“That’s highly unlikely,” Dr. Blessing said.
“I agree. I think it’s highly unlikely death occurred between five-thirty and six. But is it not a fact, doctor, that it is also highly unlikely death occurred between four and four-thirty? Is it not a fact that your medical findings regarding body temperature indicate that the victim probably met his death between the hours of four-thirty and five-thirty, with five o’clock as the median time? And while it is highly unlikely, there is an outside chance he met his death between four o’clock and four-thirty? And the only reason you include that half-hour in giving the probable time of death is because the police indicated to you that they would like to be able to show that the victim could have been killed around four o’clock when only Russ Timberlaine had left the auction. Is that not a fact?”
“No, it is not,” Dr. Blessing said. “I have answered that question to the best of my ability, taking all factors into consideration.”
“And you say the victim could have been killed between the hours of four and five-thirty?”
“That is correct.”
“And in lopping off the last half-hour you cite the fact that I, myself, found the body at five forty-five?”
“It is a factor. It is not a medical factor, but it is indeed a factor.”
“Yes, it is, doctor. But you picked a cutoff point of five-thirty. Couldn’t the victim actually have met his death at five forty-four? Couldn’t I have walked in the very minute after he died?”
Dr. Blessing said nothing. He glowered at Steve Winslow.
“Well, doctor?”
“It’s possible, but highly unlikely.”
Steve nodded. “I agree, doctor. I would say most likely he died between four-thirty and five-thirty. Wouldn’t you?”
“Objection.”
“Sustained.”
“When did the decedent meet his death?”
“Objection. Already asked and answered.”
“Sustained.”
Steve frowned. He shot a glance at the jurors, smiled slightly and shook his head to give the impression he was being hampered by Vaulding being overly technical. Then he turned back to the witness. “Very well, doctor. Regardless of when the decedent met his death, the fact is he was killed by a single bullet that pierced the forehead and entered the brain, is that right?”
“Yes, it is.”
“I believe you stated that was the sole cause of death.”
“Yes, it was.”
“There were no contributing or secondary causes?”
Dr. Blessing hesitated a moment. “I would say no.”
Steve smiled. “You would, doctor? Is that because the answer is no, or because you feel the prosecution would like that answer?”