The Wrong Gun

“So why don’t you ask him?”

“You’re a sexist pig.”

“Huh?”

“The operative’s a woman.”

“Fine. Why don’t you ask her?”

“Because she’s on vacation and I can’t find her.”

Steve looked at him. “And you don’t know what collector she bought from, only she knows that?”

“Bingo,” Taylor said. “Right on the button. See why I’m goin’ nuts?”

“Yeah, I do. But there’s a saving grace.”

“What’s that?”

“If she’s on vacation and you can’t find her, the cops can’t either.”

“Right. So instead I just gotta sit here peein’ in my pants wondering if they’re gonna stumble over the collector.”

“Why should they?”

“Because some collectors are dealers too, and who’s to say this collector isn’t.”

Steve frowned. “I see.”

“Do you? Good. Then you know why I’m going nuts. So tell me, what’s the point? I mean, aside from wanting to compete with Vaulding, what are you trying to prove?”

“Basically, that my client didn’t buy the gun. I mean, of course, assuming we hadn’t made the substitution. I mean, here’s the murder weapon with the number ground off. Nothing to tie it to my client except the fact it was found in his room. No, if Vaulding had any way of showing Timberlaine could have purchased that gun, he would. My play is to dare him to do it and taunt him when he can’t. Now, if that runs the risk of him tripping over our back trail, that’s too bad, but I can’t back off because of that.”

“Yeah, I know,” Taylor said moodily.

“Fine,” Tracy said. “Now, if we’ve exhausted that subject, tell me about the file.”

Taylor frowned. “What about it?”

“That’s what I want to know,” Tracy said. “Vaulding serves a search warrant, finds the file, holds a press conference to announce it. Then he makes his opening statement and he doesn’t even mention it once.”

“Exactly,” Steve said. “That’s when I knew the guy was good.”

“Wait a minute,” Taylor said. “That’s right. He didn’t mention it. How come?”

Steve shrugged. “I imagine he figures he’s got enough on Timberlaine without it. So he leaves it out, so when it comes up later it’s yet another damning item on top of all the rest of the evidence.”

“Shit,” Taylor said. “Can he do that?”

“Moot point, Mark. He’s already done it.”

“I mean, is it legal?”

“There’s no law says you gotta say everything in the world in your opening statement. Hell, there’s no law says you gotta make an opening statement. Vaulding could have waived his opening statement and started calling witnesses for that matter. He made his opening statement, it was a good one, he just chose to leave that out.

“Which is one of the things that set me off. One of the reasons maybe I said more than I should’ve.”

“Then you think it’s a good tactic?”

“Hell, yes. It also anticipates the moron factor.”

“The what?” Taylor said.

Steve made a face. “One of my big problems in this case is my defendant’s not very bright. Be that as it may, I still gotta argue the guy couldn’t be so dumb as to do such and such. The main thing, of course, is hold on to the murder gun.

“Of course, Vaulding knows that. And he anticipates the argument and this is his response.”

“Timberlaine used the file so he could keep the murder weapon?”

“Exactly.”

“But then he goes ahead and keeps the file.”

“I told you it’s the moron factor, Mark.”

“Jesus.”

“Hey, it’s in our favor. Vaulding’s the one’s gotta argue the guy had to be that dumb.”

“Well, just between you and me, maybe he is.”

“No takers.”

“So how you gonna play it?”

Steve grimaced. “That’s the problem with this case. I haven’t the faintest idea. Vaulding’s unconventional, which makes it hard to plan. So I’m not acting, I’m reacting. Basically I gotta sit back and see what Vaulding does next.” Steve shrugged. “And there, Mark,” he said, “your guess is as good as mine.”

26

Vaulding led off with Lieutenant Sanders, who testified to responding to a report of a homicide at the Timberlaine mansion.

“And what did you find when you arrived?” Vaulding asked.

“Two officers were already on the scene. There was a body on the floor, and it was indeed an apparent homicide.”

“And had the officers taken any action?”

“Only to secure the premises and hold it until the Crime Scene Unit arrived.”

“And what happened when you arrived?”

“I took charge from the officers and inspected the crime scene.”

“You inspected it personally?”

“Yes, I did. I instructed the Crime Scene Unit to process it, but I naturally inspected it myself. I always do.”

“Could you please describe the crime scene and tell us what you found?”

“Yes, sir. The crime scene was the gun room in the Timberlaine mansion. If I may explain, Russ Timberlaine, the defendant, is a gun collector. What I refer to as the gun room was a room with shelves and cases where his collection was displayed.”

“Similar to a museum exhibit?” Vaulding asked.

Sanders nodded. “Good analogy. There were glass-enclosed cases, glass-topped tables with guns on display in them. Very similar to a museum exhibit.”

“And where was the body?”

“It was lying face up on the floor, in the middle of the room. Right next to one of the gun cases. The glass- enclosed table-top cases, I mean. And he was bleeding from the forehead, from what I presumed to be the wound of a bullet.”

“But you don’t know that for a fact?”

“No, sir, I do not. I only know that I saw blood coming from a wound in the forehead.”

“I see,” Vaulding said. “Now, in addition to the police officers you have already testified to, was there anybody else present at the scene of the crime when you got there?”

Sanders nodded. “Yes, sir. There were several guests staying at the mansion over the weekend, and by the time I got there, many of them had heard of it and gathered around to find out what was going on. In fact, the main job of the two officers on the scene was keeping them away.”

“Did you have dealings with any of these guests in particular?”

“Yes, sir.”

“And who would that be?”

“Mr. Steve Winslow and Miss Tracy Garvin.”

“Steve Winslow?” Vaulding said. “Are you referring to Mr. Steve Winslow, the attorney for the defense?”