Taylor turned, found Tracy was already out the door before Steve had finished. He hurried after her into the outer office, closing the door behind him.
The moment the door was closed, Steve whirled and grabbed the gun and the bullets. He rushed to the safe. Felt a moment of panic when he realized he didn’t have the combination. Then he remembered where Tracy had left it written down for him. He jerked open the drawer of his desk, looked up the combination, spun the dial. He jerked open the safe, thrust the gun and bullets in, slammed the door and spun the dial again.
Steve straightened up and hurried away from the safe, expecting the door to burst open at any moment. It didn’t. He crossed to the door, pulled it open.
The outer office was not, as he’d feared, full of cops. A lone man in a suit and tie stood next to Tracy’s desk.
The man turned to face him. “Steve Winslow?”
“Yes.”
The man thrust a paper into his hands. “Subpoena duces tecum. You’re a lawyer, you know the drill. It’s all in there. Don’t blame me, I’m just doing my job.”
The man nodded to Steve, nodded to Tracy and walked out.
“What do you make of that?” Tracy said.
Steve held his finger to his lips, pointed to the door.
Tracy got up from her desk, went to the door, opened it and looked out. “No, he’s gone,” she said. “A process server, just like he said. So what is it?”
“Just what I thought it would be. The natural consequence of Timberlaine’s interview. A subpoena duces tecum, ordering me to produce the gun in court.”
“Then why are you grinning?”
“Because of the wording.”
“What about it?”
“Listen to this,” Steve said. He read, “‘… hereby ordered to produce the gun described by your client, Russ Timberlaine, to wit, the Colt.45 revolver with the serial number ground off and the initial R carved in the handle, given to you by him for the express purpose of testing and identifying bullets from said gun.’”
“Son of a bitch,” Tracy said.
“Do you get it?”
“Yeah, I get it. But in legal terms, what does it mean?”
“Legal terms, hell,” Steve said. “What it means is I’m off the hook. In terms of switching guns, I mean. It’s the best of all possible worlds. He doesn’t ask for the gun from the safe-deposit box, he asks for the gun Timberlaine gave me to check. And do you know what that means?” Steve grinned and pointed to the subpoena. “Vaulding just switched guns.”
38
Judge Hendrick looked around the crowded courtroom, pursed his lips, cocked his head and said dryly, “Yesterday I began by remarking on the media coverage.”
That produced a roar of laughter from the spectators in the courtroom, who could not have missed the barrage of headlines such as, PISTOL PETE: TIMBERLAINE TALKS and PISTOL PETE: ANOTHER GUN, which assaulted their eyes on their way into the courthouse.
When the laughter had subsided, Judge Hendrick held up his hand. “Yes, I know, Mr. Vaulding. This is not of your doing. Let’s press on. This is the time Mr. Manning was to have returned to court having made a comparison of the two test bullets. Is he here?”
“Yes, Your Honor,” Vaulding said.
“I assume he has made the comparison?”
“Yes, he has.”
“That’s good. Though recent matters would seem to have rendered the matter moot. Now, with regard to the other bullets. Mr. Winslow?”
“Yes, Your Honor.”
“Yesterday you were ordered to produce the test bullets referred to in the testimony of the witness, Donald Walcott. Do you have those bullets with you?”
“Yes, Your Honor.”
“Produce them please.”
Steve Winslow opened his briefcase and took out the two test tubes. “Here, Your Honor.”
Judge Hendrick motioned to a court officer to bring them to him. He picked them up, said, “Let the record show in response to my order the defense has produced two sealed tubes, each containing a single bullet. One is marked RT-ORIG, the other, RT-SUB.” He handed them back to the officer to give to the court reporter. “Let’s have these marked for identification as People’s Exhibits-what are we up to?”
“Five, Your Honor,” the court reporter said.
“O.K. Mark them People’s Exhibits Five-A and Five-B.” Judge Hendrick turned back to Steve Winslow. “Now then, as you, I, and everyone else in this courthouse-with the exception of the jurors, who have been instructed not to read the papers-are aware, last night Mr. Timberlaine made a statement. I understand as a result of that statement a subpoena duces tecum was served on the defense, asking them to produce a certain gun. Mr. Winslow, have you complied with that subpoena?”
“Yes, Your Honor.”
“Do you have that gun in court?”
“Yes, I do.”
“Produce it, please.”
Steve Winslow reached into his briefcase and pulled out a gun.
“Fine,” Judge Hendrick said. “Let’s have the gun marked People’s Exhibit Six.”
When that had been done, Judge Hendrick said, “Fine. At this point the court is going to make another order. The court intends to keep this evidence straight, and the court intends to see that this evidence is presented in an orderly manner. Or as orderly as possible, considering the dramatic and unexpected developments in this trial. Above all, I intend to see that this evidence is preserved. Is Mr. Manning in the courtroom?”
“Here, Your Honor,” Manning said.
“Mr. Manning, we were to have had your testimony today regarding the two bullets the defense asked you to compare. In light of this new evidence, that can wait. I am therefore asking you to return one more time, tomorrow morning at ten o’clock, and to bring with you at that time the evidence you were to have given today.”
“Yes, Your Honor.”
“I also direct you to take this new evidence, People’s Exhibits Five-A and — B and People’s Exhibit Six, consisting of two bullets and one gun, and test them and compare them in every way possible to all of the ballistics exhibits present now in court.”
“Very well, Your Honor.”
“We will hear your testimony on this evidence tomorrow morning at ten o’clock. We will all hear it together. And for the first time. Do I make myself clear?”
Manning frowned. “I beg your pardon, Your Honor?”
“What I mean is, I do not want you communicating your findings to either the defense or the prosecution prior to your appearance tomorrow morning in court.”
“Oh, Your Honor,” Vaulding said.
“Sit down, Mr. Vaulding,” Judge Hendrick said. “Would you want to have Mr. Manning communicate with the defense?”
“Certainly not.”
“Well, what’s good for the goose is good for the gander. We will have this evidence tomorrow morning in court. If I can’t control publicity one way, I’ll control it another.
“And you, Mr. Manning. You will absolutely under no circumstances communicate any of your findings to the press. Have I made myself clear?”
“Yes, Your Honor.”
“Fine. I want a full report on all aspects of the evidence tomorrow morning at ten o’clock. I assume you have test bullets remaining from your original tests, so if you want to get started now, you are free to go. I will send over the actual exhibits as soon as we adjourn.”
Vaulding frowned. “Are your preparing to proceed, Your Honor?”
“I am, Mr. Vaulding. I have no intention of adjourning court prematurely yet another time. I assume you have other witnesses to call?”
“I do, Your Honor. Only I had anticipated Mr. Manning’s testimony would take some time.”
“Well, it didn’t,” Judge Hendrick said dryly. “Are you prepared to proceed?”
Vaulding turned and conferred with a trial deputy, then turned back to the judge. “I have witnesses I can call, Your Honor.”
“Well, line them up. And bring in the jury.”
When the jury had been brought in, Judge Hendrick thanked them for their patience and informed them the testimony they expected to hear from Mr. Manning would be heard at a later time. He then turned back to Vaulding and said, “Call your next witness.”