Sheriff’s deputy Clayton Dobson testified that he was the first officer on the scene where he found a woman who identified herself as Josefina Baroso. When he first saw her, she had a blanket covering her. She was disheveled and emotionally distraught. She led him to the body. Two bodies really.
The man who was alive was semiconscious. Kind of moaning, lying on his back in the straw. Yes, sir, I do see him in the courtroom. That’s him sitting right over there, the big fellow in the blue suit.
The victim, one Kit Carson Cimarron. Recognized him, knew this was his ranch. Knew his daddy, too.
Called for homicide and an ambulance. Took a statement from Ms. Baroso who said-
Objection, hearsay.
Sustained.
Secured the scene and turned it over to Detective Racklin when he arrived twenty, maybe twenty-five minutes later.
Homicide Detective Bernie Racklin was perhaps the only male in Pitkin County who didn’t wear cowboy boots. He was short and pudgy, in his mid forties, with a receding hairline. He wore khaki pants, a blue blazer, and scuffed cordovan penny loafers. Racklin looked familiar, but I couldn’t quite place him. He, too, took a statement from Ms. Baroso, who apparently had plenty to say and told the same story every time. Racklin puttered around the barn for several hours, along with a crew of crime scene technicians dusting for prints, shooting photos, swabbing up drops of blood, slipping nails and chips of wood into little evidence bags.
“ What was Ms. Baroso’s condition when you interviewed her?”
“ She was upset and had been crying. She displayed bruises on her ribs she said came from-”
The prosecutor held up a hand. “Just give us your observations, please.”
Thanks, McBain. I appreciate that.
“ She was bruised about the torso. Her face appeared to have been struck as she had the beginning of a black eye. The injuries did not appear to be serious, and she was lucid, alert, and aware of her surroundings.”
With the prosecutor’s assistant displaying a series of photos blown up to poster size, Racklin spent the next hour describing what seemed like a twelve-round championship fight.
“ Photo number one represents what, sir?”
“ This is the loft of the barn. This is where the defendant first attacked the decedent.”
Whoa! He wasn’t there. He was relying on Jo Jo’s statements.
“ Based on the physical evidence, were you able to determine what occurred in the loft?” Brian McBain asked.
“ Yes. The floor is wood. There are scuff marks from the decedent’s cowboy boots consistent with a struggle occurring there. He would have been dragged across the floor…”
Cimarron dragged? With what, a crane?
“…There were no scuff marks from the defendant’s footwear.”
Of course not. I was wearing sneakers. I just hate pseudo-scientific evidence from cops.
“ We inspected the wooden planks that make up the walls of the loft. Close examination revealed the presence of human hair embedded in the rough splinters. The hair matched that of Mr. Cimarron, and scuff marks on the floor near the wall are consistent with Mr. Cimarron having been thrown into the wall with great force.”
He paused a moment while the prosecutor handed him an enlarged photograph showing a cracked wooden plank.
“ Looking at what’s already been marked as state’s exhibit twelve, can you tell us what that photo shows?”
“ Yes, that’s the plank. As you can see, there is a fissure in the area from which we extracted Mr. Cimarron’s hair. That was an area of the plank seventy-seven inches above the floor. Mr. Cimarron was a very tall man, six feet seven, even taller in boots. Further, there was an abrasion on the back of Mr. Cimarron’s head, and indications of a heavy blow, serious enough to cause a concussion.”
Bull! He did more damage to the wall than it did to him. I’m the one who had a concussion. He never even blinked.
“ Based on your investigation and the physical evidence, what did you conclude concerning the activities in the loft, as pictured in photo number one?”
Hey, H.T., do something. Anything.
I squirmed in my seat, and Patterson placed a calming hand on my arm. Damn lawyers!
“ Mr. Cimarron was attacked by the defendant, who though not as large, is quite a physical specimen. He is a former professional football player who is still in good condition, better in fact than Mr. Cimarron…”
That’s for sure. Mr. Cimarron is stone-cold dead.
“ It would appear that the defendant dragged Mr. Cimarron around the loft. They might have been locked up as wrestlers sometimes do. Then the defendant swung Mr. Cimarron into the wall, where he struck his head with great force. Frankly, I’m surprised it didn’t knock the man unconscious at the time, though it surely stunned him. Then, the two tussled some more. Somehow, the defendant fell through the railing depicted in photo number two and into the stall below, as shown by the third photo.”
“ Are your conclusions consistent with the statements provided by Ms. Baroso?”
Oh brother, talk about getting hearsay in the back door.
I shot a look at Patterson, who hushed me with a whisper. “Stifle yourself, Jake. She’s going to testify anyway. No use making it look like we’re afraid to hear it.”
He had a point, though I could have done without hearing her lies twice.
“ Yes, consistent in every material respect.”
McBain walked his witness through more exhibits and more description of the brutal beating administered to poor, fat, Kiwanis Man of the Year Kit Carson Cimarron by a weight-lifting ex-football-playing flatlander from a godforsaken place where they don’t hardly speak no English.
Detective Racklin testified that the defendant continued his assault upon Cimarron on the ground floor. There was evidence the defendant attempted to impale Mr. Cimarron with a pitchfork, four superficial stab marks in the thigh matching the prongs precisely.
Well, that was close, as close as a nephew of the first degree of consanguinity.
No, there were no usable fingerprints on the pitchfork handle, but that’s not unusual. They could have been smeared, or the pitchfork could have been held in a way not to leave prints.
Mr. Cimarron defended himself with a bullwhip, and subsequent examination of the defendant’s wounds revealed Mr. Cimarron scored some defensive strikes.
Defensive? I’d like to show Detective Racklin some defensive strikes.
So the two behemoths continued to slam each other around, falling into the corncrib, Mr. Cimarron defending himself, as always, and landing some punches, too. They were both physical men, and they did damage to each other.
“ Then what happened?” McBain asked.
“ Apparently, the defendant got hold of the nail gun, and-”
“ Objection!” Patterson was on his feet. “Evidence is not based on what apparently happened.”
“ Sustained.”
“ Let me ask it this way,” McBain said. “When you arrived in the barn, what did you observe concerning Mr. Cimarron.”
“ I observed that he was dead.”
In the gallery, a couple newspaper reporters tittered, but the jurors were ominously serious.
“ Go on,” McBain prodded.
“ He was lying on his left side on the floor. A pool of blood extended from his right ear in a circular pattern surrounding his head. There was a small amount of blood appearing in his right ear in what was clearly an entrance wound, very small. There was a smudge of grease or dirt on the ear itself that could have come from the muzzle of a gun. Examination revealed an exit wound in the skull above the left ear. It was about the size of a quarter. My first impression was that Mr. Cimarron had suffered a gunshot wound to the head at close range.”
“ Did further inspection change your opinion?”
