A Case of Spoliation

by DoctorH

A teleplay, like watching a Murdoch Mysteries episode. A murder occurs in a public park. Crabtree is first on the scene, and he comes to think that he handled his duties badly. Meanwhile, there is confusion about what actually happened: two suspects both admit they had means and motive and opportunity, but deny their guilt. It's up to Murdoch to sort it all out. Solution included.

2. ACT 2

ACT II

(FADE IN: A PARK in Toronto, mid-morning. The park has open spaces but also has several trees. It is a beautiful day. Some citizens, perhaps about twenty, are enjoying the park, but the park as a whole is not crowded. Most of those present are watching a busker, who juggles what appear to be grapefruit. There is a smattering of applause when a trick is performed [SFX]. CRABTREE strolls in the park, in uniform, looking things over. CRABTREE stops next to a tree to watch the busker, who has stopped juggling grapefruit and is now balancing a hat on his nose. With a deft movement, the hat falls from the busker's nose and lands on the top of his head, so that the busker is now wearing the hat. There is laughter from the crowd and more applause [SFX]. CRABTREE grins. The busker holds a wine bottle, and balances it upside down on his nose. The crowd laughs and applauds. CRABTREE chortles. There is suddenly a loud noise like a gunshot [SFX]. CRABTREE is startled, and immediately begins looking around to see where the noise came from. Others in the park are briefly seen looking around, in confusion. CRABTREE spies a tall, clean-shaven man with spectacles— who will turn out to be CLARE— clutching his chest and falling to his knees, and at least one other man— who is mostly hidden by intervening objects, but appears to be wearing brown attire— near CLARE. There are wisps of gun smoke in front of CLARE. CLARE is perhaps twenty paces away from CRABTREE, and CRABTREE's view is obscured by one or more trees or other obstacles. The man in brown, who is mostly hidden, has something unusual about him, perhaps an unusual posture, CRABTREE can't tell. CLARE, on his knees, falls backwards to the ground, leaving his knees in the air at odd angles. As CLARE falls, the man in brown runs from CLARE, although it is not clear in which direction he runs; he seems to be running AWAY from CRABTREE. This all happens quickly. CRABTREE puts his police whistle in his mouth and blows [SFX] to summon help. CRABTREE immediately glances around to see whether anyone else is at risk. It is only a quick glance: some people are lying on the ground, others are protecting their children, others are standing and wondering what is going on. One of those who is standing around looking puzzled is a bald man named ALFORD, who is dressed in shabby clothing and appears to be a tramp. ALFORD seems to be closest to the shooting, but seems baffled by where the noise came from and is turned away from CLARE. CRABTREE starts toward CLARE, and suddenly sees HUXLEY, wearing brown attire, running TOWARD the general direction of CRABTREE. CRABTREE positions himself to stop HUXLEY's flight, possibly to tackle him if necessary. The whistle falls from CRABTREE's mouth. A distant sound of a policeman's whistle is heard [SFX].)

CRABTREE (to HUXLEY)
Stop!

(HUXLEY does not stop; but he sees CRABTREE in his path, and swerves to try to evade him. CRABTREE gets a hand on HUXLEY, but not enough to hold him. Then HUXLEY falls, apparently tripping over his own feet. As HUXLEY tries to regain his feet, CRABTREE moves in to seize HUXLEY more securely. The policeman's whistle gets louder [SFX]. HUXLEY struggles, and tries to strike CRABTREE, but CRABTREE dodges the blow. CRABTREE forces HUXLEY to the ground and holds him. The hold is secure. HUXLEY is on the ground, and though HUXLEY is not struggling, he may be looking for a chance to break free. HIGGINS suddenly appears, blowing his whistle [SFX] and running toward CRABTREE and HUXLEY.)

CRABTREE (to HUXLEY)
You are under arrest! (to HIGGINS) Henry, you hold him; I'm going to check the victim.

(HIGGINS takes control of HUXLEY, and CRABTREE quickly departs. As HIGGINS moves to secure him more firmly, HUXLEY struggles, and a pistol drops from his clothing. HIGGINS quickly moves the pistol so that HUXLEY cannot get it. In the distance, another policeman's whistle is heard [SFX].)

HIGGINS (to HUXLEY)
Oh, armed, were you? Do NOT give me any trouble, sir!

(HIGGINS takes control and holds HUXLEY very securely. Meanwhile, CRABTREE runs toward the body of CLARE. ALFORD has turned in the direction of CLARE and is just standing there, looking stupidly at the body of CLARE. JACKSON appears, running toward the scene. CRABTREE sees JACKSON and is about to give direction to him, but CRABTREE sees something else more pressing: ALFORD is bending over to pick up a pistol from the ground some paces in front of CLARE's body. ALFORD is a mostly clean-shaven, somewhat dirty bald man, perhaps twenty to thirty years old, but his baldness makes it hard to judge his age.)

CRABTREE (urgently)
You! Don't touch that!

(ALFORD disregards the command and picks up the pistol and holds it. As CRABTREE comes near, ALFORD holds the pistol tighter, as if he fears CRABTREE might steal it.)

CRABTREE
Sir! THAT is evidence!

ALFORD (defensively)
I know. I didn't want anyone to take it. Someone could get hurt! There are children in this park, you know!

CRABTREE (resigned)
But— finger marks—!

(ALFORD's handling of the pistol has apparently spoiled any finger marks. CRABTREE is angry but there is nothing he can do about it now.)

CRABTREE
Let me take the pistol, Mister—

ALFORD
Alford.

CRABTREE
Mister Alford; and you go wait nearby but out of the way, and we'll talk to you in due course.

(CRABTREE takes the pistol from ALFORD. No longer caring about finger marks, CRABTREE inspects the pistol and makes it safe. ALFORD sidles away.)

CRABTREE
One shot fired.

(JACKSON, puffing, comes up to CRABTREE. CRABTREE notices Constable NOLAN is also running toward him, blowing his whistle [SFX]; and further away, FIRST CONSTABLE is also running to assist.)

CRABTREE (to JACKSON)
Slugger, you take charge of the area, keep people away from the victim, and see whether you can find anyone who saw what happened. When Nolan gets here, have him telephone the station house! Tell them that the man who got shot is Clare, and that he was apparently shot by Huxley, who we have in custody.

(CRABTREE takes a quick glance at HIGGINS, who is holding HUXLEY quite securely. SECOND CONSTABLE has arrived, with club poised, to assist HIGGINS.)

JACKSON
Right! (realizing) Clare and Huxley? Two of the men who escaped from that raid last week?

CRABTREE (going to check CLARE)
Yes! The same!

(CRABTREE approaches CLARE. CLARE is unmoving, and there is a large, spreading blood stain on his chest. JACKSON is handling onlookers, but he confers with NOLAN, then pats NOLAN on the back as NOLAN runs off. Seeing curious people approaching CLARE's body from a different direction, CRABTREE addresses them.)

CRABTREE
Please! Ladies and Gentlemen, do not come any closer. If any of you witnessed what happened here, would you please make yourselves known to Constable Jackson, there (pointing)?

(The onlookers come no closer, but none seems to go to talk to JACKSON. CRABTREE kneels next to the body. The position of CLARE's knees and his own position make things a bit awkward, such that when CRABTREE tries to check for a pulse, he falls clumsily onto CLARE's chest. CLARE's body moves as a result, CLARE issues an audible grunt [SFX] and his knees change position. CRABTREE quickly separates himself from CLARE, but CRABTREE finds that his uniform is now seriously stained with blood, as are his hands. CRABTREE makes a face as though he is about to utter an obscenity, but catches himself before doing so. CRABTREE checks the body for a pulse, more carefully this time. CRABTREE then stands. CRABTREE calls to JACKSON. CRABTREE feels soiled.)

CRABTREE
Jackson! May I have a moment of your time?

(JACKSON turns as sees CRABTREE with blood on his hands and uniform, and JACKSON looks horrified. CRABTREE looks disgusted. CUT TO: ESTABLISHING SHOT OF A CITY STREET, viewed from the air. CUT TO: THE STREET, from street level. MURDOCH and OGDEN are walking briskly.)

OGDEN
A shooting? In broad daylight? In a public park?

MURDOCH
That was what was reported. There's the park there.

(CUT TO: THE PARK, near CLARE's body. MURDOCH and OGDEN approach the body. JACKSON seems to have charge of the scene. While MURDOCH talks to JACKSON, OGDEN heads straight to CLARE's body.)

MURDOCH
What have you, Constable Jackson?

JACKSON
A shooting, sir.

(Realizing something important, JACKSON turns to OGDEN, who is beginning to look over CLARE's body.)

JACKSON (apologetic)
Oh, Doctor: Constable Crabtree asked me to tell you that, when he checked the victim for a pulse, he accidentally fell on the victim. He may have unintentionally changed the victim's posture or otherwise altered the evidence.

OGDEN
Thank you for mentioning that.

(OGDEN examines CLARE. JACKSON turns to MURDOCH, and produces a pistol.)

JACKSON
This is the pistol believed to have been used in the shooting, sir.

MURDOCH (aghast)
You've handled the weapon? Finger marks!

(MURDOCH takes the pistol.)

MURDOCH
Were finger marks NOT preserved?

JACKSON
I believe finger marks were not preserved, sir. Constable Crabtree can explain.

MURDOCH
Where is Constable Crabtree?

JACKSON
His uniform was— soiled, sir, with the victim's blood. I believe he has gone to change his clothes. Sir: I have some witnesses here, if you would like to question them?

(MURDOCH nods. He looks at the witnesses, a group of only six people; ALFORD is among them. Others who had been in the park do not step up to be interviewed. CUT TO: STATION HOUSE NUMBER FOUR. It is late afternoon. CUT TO: INTERIOR OF STATION HOUSE NUMBER FOUR, MURDOCH'S OFFICE. MURDOCH sits at his desk, with a notebook and a file folder in front of him. CRABTREE comes to the office door and knocks. CRABTREE holds a document in his hand. MURDOCH looks up.)

MURDOCH
Ah, George! Come in. Please close the door and have a seat.

(CRABTREE closes the office door and sits in the chair opposite MURDOCH.)

MURDOCH
We have now taken statements from all of the witnesses from the park.

(CRABTREE hands the document to MURDOCH.)

CRABTREE
I was present in the park as well, sir, but I don't know that I actually witnessed very much. What I did witness, I included in my written report.

(MURDOCH looks at the report; it is quite lengthy and typewritten.)

MURDOCH (smiling)
Well! For a man who did not witness very much, you seem to have prepared a very thorough report! George, I want to ask you: are you all right? I understand you left the scene shortly before Doctor Ogden and I arrived, and you were seen to have blood on your uniform.

CRABTREE (sheepish)
It was not my blood, sir. Because of my carelessness, I fell upon the victim; (quickly) and I hope that my clumsiness will not affect Doctor Ogden's postmortem examination! In any event, I got a considerable amount of the victim's blood on my uniform. It is a fairly new uniform, sir; and since the scene was under control, I felt I had to act quickly to remove the stains. After I attended to my uniform, I returned to the station house and wrote my report.

MURDOCH
I see. George, I will review your written report and contact you if I have any questions.

(CRABTREE rises, and as he does so, MURDOCH makes a quick scan of the report.)

MURDOCH
Ah. It seems that you did not witness the shooting itself, George.

CRABTREE
That is true, sir. I was watching a busker, sir. He juggled, and he balanced objects on his nose. He was not as polished as some of the performers I've seen in the Vaudeville, but he was skilled enough. The children found him entertaining. This is where my attention was when I heard a loud noise, like a gunshot.

MURDOCH
Apparently many of the other witnesses were paying attention to this performer as well. (uncomfortably) George, about the pistol that was recovered from the scene, and the finger marks—

CRABTREE (embarrassed)
That is explained in my report, sir. The first time I saw the pistol was when I was approaching the victim's body. I noticed a bystander reaching down to pick up the pistol that was apparently used in the shooting. I warned the bystander not to pick up the pistol, but my warning came too late. The bystander picked up the pistol and likely destroyed any finger mark evidence.

MURDOCH
Uh, yes. That spoliation of evidence was unfortunate.

CRABTREE
Begging your pardon, sir, but the finger mark evidence does not seem to be crucial here. If Huxley was with Clare when the shot was fired, and if Huxley was immediately apprehended fleeing from the scene of the crime, then it would not seem that finger mark evidence would be needed to send him to the gallows.

(MURDOCH is bothered by what CRABTREE says but MURDOCH does not contest what CRABTREE said. CUT TO: EXTERIOR OF MORGUE. It is early evening. CUT TO: INTERIOR OF MORGUE. OGDEN is cleaning up. MURDOCH enters. OGDEN sees MURDOCH, and sighs and smiles.)

OGDEN
It has been a long day.

MURDOCH
For me as well.

OGDEN
You are here to ask about Mister Raymond Clare?

MURDOCH
I am.

OGDEN
He was shot once in the chest. The shot struck him just above his heart, tearing open his aorta. He died quickly, and he could not have been saved even if he received immediate medical treatment.

MURDOCH
Did you recover the bullet?

OGDEN
No. The bullet exited the victim's upper back.

MURDOCH
I suppose there is no way to estimate the bullet's caliber without having the actual bullet.

OGDEN
I can say that the pistol that was recovered from the scene was probably powerful enough to cause wounds of this kind. But I cannot say with certainty that this pistol was the weapon that was used. Nor can I tell the bullet's caliber merely by examining the wounds it caused. The bullet may have fractured the sternum and ribs before striking the aorta. (uncomfortably) As we were told, George Crabtree fell upon the victim's chest, and he may have caused the fractures to the sternum and ribs, or he may have made the fractures more extensive. So this makes is difficult to for me to say much with reasonable certainty.

MURDOCH
I believe George is worried that his accidental fall upon the victim's body might affect your ability to make a proper examination.

OGDEN (a bit irked)
You can tell George that I would wish he'd be more careful in future. (softening) But you can also him that his— accident caused me no significant problems, and that the victim was very likely already dead, and so George cannot be responsible for making the victim's condition any worse.

MURDOCH
Could you determine anything about the shooter?

OGDEN
If you mean the height of the shooter, no.

(OGDEN points to her own body to demonstrate.)

OGDEN
The bullet entered the chest about here, and exited the back at about the same level.

MURDOCH
Meaning that the shooter held the pistol at this level, like this?

(MURDOCH pretends to hold a gun with a straight, level arm.)

OGDEN
That is possible. But it is also possible that the path of the bullet may have deflected upon hitting bone, so the weapon may have been fired from another angle. I cannot say with reasonable certainty.

(MURDOCH drops his arm.)

OGDEN
One thing I can say is: the shot was fired from at least three feet away, probably farther.

MURDOCH (surprised)
Oh?

OGDEN
Is that a problem?

MURDOCH
No, it's just that some witnesses placed the potential shooter closer to the victim than three feet. But their estimates might be a bit off.

OGDEN
The man who was captured: has he made a statement?

MURDOCH
Actually, we have captured two men.

(This is news to OGDEN. MURDOCH takes a moment.)

MURDOCH
The man captured by George and Henry was Roger Huxley. Another man, Rodney Ives, was captured later in the day when he was found hiding in a basement about two blocks from the scene. The three men involved in this shooting— Huxley, Ives and Clare— are three of the four men we tried to capture in the raid last week. The fourth man, one Joseph Talbot, does not seem to be involved in the shooting. Mister Huxley and Mister Ives both claim that they are innocent, but other that, they have not said much. Detective Pendragon from Station House Two will be here tomorrow, and Detective Pendragon and I together will question these men.

OGDEN
Have you been able to determine which of them is more likely to be the one who shot Mister Clare?

MURDOCH
I, uh, still have some more work to do before I can determine that. Unfortunately, no one in the park saw the shooting as it took place. No one saw Mister Huxley holding the pistol, and no one saw Mister Ives holding it, either.

OGDEN
And George was unable to preserve the finger marks on the pistol.

MURDOCH
Yes. Finger marks on the pistol might have told us who fired the shot, but we do not have them. Several people say they heard a loud noise, and turned to see where it came from. They saw Mister Clare falling, and two men running away from Mister Clare in opposite directions. Both of the running men wore similar clothing. The witnesses' stories are fairly consistent, except— (suddenly switching gears) Julia, I am a little worried about George Crabtree.

OGDEN
Oh?

MURDOCH
He may be disturbed by how he has handled this case. For one thing, he may be upset with himself for failing to preserve finger marks on the weapon found at the scene. For another, he might be worried that he could have adversely affected your examination by clumsily falling on top of the victim. And now—

OGDEN
And now, what?

MURDOCH
In this case, there is one witness whose story differs quite substantially from the stories that that other witnesses tell. And that one odd witness is George Crabtree. George prepared an extensive report, and his report differs in several key ways from what others have told us. George is certain to find out, sooner or later, that his report is not in harmony with what other witnesses have said. I'm concerned he will feel that, in this case, he has failed to perform up to standards.

(OGDEN wears an expression of sympathy. MURDOCH shrugs. FADE OUT.)