The Wrong Gun

“But this question is something else. I object on the grounds that it is leading and suggestive.”

Judge Hendrick frowned again. “Leading and suggestive? Mr. Winslow, are you anticipating what Lieutenant Sanders answer will be?”

“Yes, Your Honor. I anticipate his answer will be no.”

“Then how can that be leading and suggestive?”

“Not for Lieutenant Sanders, Your Honor, but to the jury.” Steve jerked his thumb at Vaulding. “It’s the same thing he tried to pull during his motion. If you let him get away with it, Your Honor, his follow-up question will be to ask Lieutenant Sanders if I found the body as a result of anything anybody told me.”

“Yes, I see. And yet that would be a perfectly legitimate question. Mr. Vaulding is attempting to avoid putting you on the stand, but if you were on the stand, and testified to finding the body, he would have every right to ask you why. Including whether your finding it there was a direct result of something someone had told you.”

“Exactly.”

“So it’s really the same thing.”

“No, it isn’t, Your Honor. And that’s why I didn’t want to stipulate. If I were on the stand and he asked me that question I could say, ‘Absolutely not, no one told me anything.’ If he asks that question of Lieutenant Sanders, he will respond that he asked me that question and in response I claimed that no one had told me anything. Even worse, he may state that I denied that anyone had told me anything.

“See the difference, Your Honor? Even though the answer is essentially the same, there is a huge difference in the spin one can put on it, and the implications one can make in the manner in which one happens to give it.”

Judge Hendrick’s face was beginning to take on a perpetual frown. After all, here it was, the first witness, and the attorneys were already at odds over a relatively unimportant point. He looked at Steve Winslow. “You could do me a big favor, you know, just by objecting to the question on the grounds that it’s hearsay.”

“In that case, Your Honor,” Steve said, “I would have to object to this entire line of questioning on the grounds that it’s hearsay. In which case Mr. Vaulding would have to put me on the stand. I personally have no objection to that, but I don’t think Your Honor would like it much.

“But it’s up to you. I’m objecting to that question on the grounds that it’s leading and suggestive.”

Judge Hendrick took a breath. “The objection is sustained.” He turned to Vaulding. “Mr. Vaulding, I don’t want to tell you how to run your case, but I suggest you make every effort to get beyond this.”

“Yes, Your Honor.”

When they had all returned to their positions Judge Hendrick said, “The objection is sustained. Mr. Vaulding, please rephrase your question.”

Vaulding smiled as if perfectly satisfied with the judge’s ruling. “I’ll withdraw it, Your Honor, and ask something else. Lieutenant Sanders, were you personally present at the crime scene until the medical examiner arrived?”

“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