“I can’t give it to you in minutes.”
“I didn’t think you could, lieutenant. But let’s get at it another way. I notice you marked this gun, L.S. dash one. Is that right?”
“Yes, I did.”
“Well, obviously there would be no need to do that, lieutenant, unless there was an L.S. dash two. Am I correct in assuming you did not mark the gun, People’s Exhibit Three, until after you had found the gun, People’s Exhibit Four?”
Lieutenant Sanders took a breath. “That is correct.”
“Really? And why is that, lieutenant?”
“It was only after the second gun came into the picture that marking the first gun became particularly important. Also, it was not possible to mark the first gun, People’s Exhibit Three, until after the Crime Scene Unit had finished examining it for fingerprints.”
“I see,” Steve said. “So it was after you had taken possession of the second gun that you returned and marked your initials on the first gun. Is that right?”
“Yes, it is.”
“You marked the second gun first?”
“I beg your pardon?”
“Well, lieutenant. It was after you found the second gun that you decided to mark the first. I wonder if before you returned to mark the first gun that the Crime Scene Unit was processing for fingerprints, you first marked the initials L.S. dash two on the second gun that you had recovered?”
“No, I did not.”
“You did not?”
“No.”
“And why is that?”
“For one thing, the second gun had to be processed for fingerprints.”
“I see. So what did you do with it?”
“I placed it in an evidence bag, marked and labeled it and turned it over to the Crime Scene Unit.”
“The same Crime Scene Unit that processed the first gun?”
“That’s right.”
“It was this Crime Scene Unit that returned to you a gun that you subsequently marked L.S. dash one?”
“That is correct.”
Steve smiled. “Well, lieutenant. If I understand your testimony correctly, you turned two guns over to the Crime Scene Unit, they gave one of them back to you and you marked that L.S. dash one?”
“Objection.”
“Sustained.”
Steve smiled again. “Lieutenant, how many guns did you give to the Crime Scene Unit?”
“Two.”
“Did the Crime Scene Unit give one of those guns back to you?”
“They gave both of them back to me.”
“At the same time?”
“No.”
“They gave one gun back to you first?”
“That’s correct.”
“Was this after you had given them both guns?”
Lieutenant Sanders took a breath. “It was at approximately the same time. In other words, I delivered to the Crime Scene Unit the second weapon, which I had recovered from Russ Timberlaine’s bedroom. I gave it to them in a sealed evidence bag with my name on it. At the same time I got back from them the first weapon that I had given them-the gun that was found next to the body.”
“You say at the same time, but the fact is you gave them the second weapon first?”
“As I recall, I gave them the second weapon first. But it was within a matter of minutes.”
“Minutes, seconds or days, the fact is you gave it to them first?”
“Yes, I did.”
“Thank you, lieutenant. Now let me ask you this: when the Crime Scene Unit gave you this gun-the one that you have marked with the initials L.S. dash one-how did you know it was the same gun that you had given them earlier that evening, the gun that you had found next to the body of the deceased Jack Potter?”
Lieutenant Sanders took a breath. “If you insist that we reconstruct the chain of custody with regard to that gun, I am sure it can be done. I am testifying to the best of my ability and my testimony is based on allegation and belief. The gun appeared in every aspect to be the gun that I gave to the Crime Scene Unit, down to the filed off serial number and the R carved in the handle.”
“How do you distinguish it from the other gun, the one you found on Russ Timberlaine’s bedside table, the other gun you had given to the Crime Scene Unit?”
“I had just given them that gun. It was still in the bag. They had not even begun to process it for fingerprints yet.”
“I understand your contention, lieutenant. But if the Crime Scene Unit had made a mistake and given you back the wrong gun, you would have no way to tell the difference, would you?”
“Objection, Your Honor.”
“Overruled.”
“Would you, lieutenant?”
Lieutenant Sanders took a breath, blew it out again. “No, I would not.”
Steve smiled. “Thank you, lieutenant. That’s all.” There was no redirect, and Lieutenant Sanders left the stand. As he did, Steve smiled in satisfaction and under his breath he murmured, “Keep your eyes on the gun.”
29
When court reconvened after lunch, Vaulding called Philip Manning, a ballistics expert with fifteen years experience on the force. Vaulding took his time qualifying him as an expert, taking pains to lay out the man’s credentials, which were impressive. When he was finally finished, he turned to the exhibits.
“Now, Mr. Manning,” Vaulding said. “I hand you a gun marked People’s Exhibit Four and ask you if you’ve ever seen it before?”
“Yes, I have.”
“And how do you recognize it?”
“By the initials L.S. dash two scratched on the handle.”
“What kind of a gun is it?”
“It is a Colt.45 revolver. The initial R has been carved in the handle and the serial number has been filed off.”
“Thank you. Tell me, Mr. Manning, did you ever fire test bullets through this gun?”
“Yes, I did.”
“I hand you a bullet marked for identification People’s Exhibit One and ask you if you recognize it?”
“Yes, I do.”
“What do you recognize it to be?”
“That is a bullet with which I compared test bullets that I fired from this gun.”
“You compared the bullet, People’s Exhibit One, with bullets fired from the gun, People’s Exhibit Four?”
“Yes, I did.”
“With what result?”
“The bullets matched.”
“Can you tell us what you mean by matched?”
“Yes. By that I mean in my professional opinion as a ballistics expert, the bullets came from the same gun.”
“It is your professional opinion that the gun, People’s Exhibit Four, fired the bullet, People’s Exhibit One?”
“Yes. That is correct.”
Vaulding smiled. “Thank you. No further questions.”
Steve Winslow frowned. As he stood up to cross-examine, he was aware of Vaulding’s eyes on him. He hesitated a moment.
“Does the defense wish to cross-examine?” Judge Hendrick prompted.
Steve Winslow took a breath. “Frankly, Your Honor, I’m not sure.”
That produced a murmur of surprise in the courtroom.
Judge Hendrick frowned. “Mr. Winslow?”
“I’m sorry, Your Honor,” Steve said. “But the fact is, the trial has progressed rather rapidly to this point. Some of the testimony that we have taken today I have not yet sorted out in my mind. For that reason, with regard to Mr. Manning’s ballistics testimony I am not certain that I am fully prepared to cross-examine at this moment. I would like some time to think it over and prepare. I am therefore requesting an adjournment until tomorrow.”
“I see,” Judge Hendrick said. “That is a frank statement, and the trial has progressed rapidly. I’d be inclined to grant that request. Unless the prosecutor has some objection. Mr. Vaulding?”
As Vaulding hesitated, his dilemma was clear. An adjournment clearly did not fit in with his plans, but with Judge Hendrick deeming the request reasonable, Vaulding didn’t want to seem unreasonable in objecting to it. Instead, he smiled and put on a good face. “No objection, Your Honor,” he said. “I quite understand counsel’s need to prepare.”
“Very well,” Judge Hendrick said. “Court’s adjourned until tomorrow morning at ten o’clock.”