The Case of the Look-alike Detective
Chapter 10
The Trial
1
Della, Perry, and Hamilton Burger rode to the courthouse in a cab where they were met by a large number of reporters who ran toward them.
"Mr. Mason, how do you feel about your client's chances?"
Mason smiled and said, "No comment."
"Mr. Burger, why are you working with your arch rival?"
Burger responded as Mason had.
"Mr. Mason, will you call Chief Ironside to the stand for the defense? It's rumored he's been working with you on this case."
Again Perry Mason smiled and repeated, "No comment, boys." He took Della's elbow and guided her through the crowd of reporters into the courthouse. Hamilton moved protectively to her other side.
As the trio entered the court room, all eyes turned in their direction to get a first glimpse of the famous attorney. Excitement was high in the packed courtroom and many curious people had to be turned away.
Richards walked over to Perry Mason as Mason set his briefcase down on the table in front of him. He offered his hand and said, "I'm John Richards, the prosecutor for the city of San Francisco."
Mason smiled and introduced himself, then Della, and finally, "And this is Los Angeles' prosecuting attorney Hamilton Burger. He'll be assisting me with this case."
Richards shook hands with the defense team and said to Burger, "I see you found the time after all to work on this case." His voice contained a bit of bitterness.
The bailiff brought in the defendant. Cameras clicked all over the room as Scott Whitmore shook hands with his attorneys. Perry sat down at the end of the table closest to the center aisle. He instructed Hamilton to sit next to him, followed by Whitmore. Della sat on the opposite end from her boss ready with a pen and tablet to take notes.
The judge walked into the room. The bailiff called out, "San Francisco Circuit Court, Judge Herman Thatcher presiding. All rise."
Everyone rose to their feet. Judge Thatcher took his place on the bench and said, "Please be seated."
The judge ordered jury selection to begin.
Mason and Richards spent the entire morning questioning potential jurors. Both men excused those they felt were biased to their cases. Finally, they had a jury they could agree on.
The judge broke for lunch. Perry, Della, and Hamilton headed out of the courtroom, fighting their way through the crowd and reporters. Opening remarks would begin that afternoon.
2
Eve entered Ironside's office. "Chief, we got the blow up on that sign that was behind the truck. It says 'Armada'. Now only if we knew what that meant."
"Eve, it does mean something. That matches the letters on the containers the heroin was in," Ironside said. "Call Drake, let him know what we have found out. He's been working on those trucks with Ed. Ed's in court right now so get Drake working on it." Eve headed for a phone.
The phone rang. "Chief Ironside's office," Eve answered. "One moment, he's right here." Eve turned to Ironside and said, "Chief, Carl's on the line."
Ironside punched the extension and barked, "Ironside."
"Chief, it's Carl. I got some news on why those cameras malfunctioned. They were helped along. The maintenance department got a call requesting they turn off the breakers to the evidence room. They were told they were having a problem with the camera system wiring and needed the juice turned off. It happened twice. The officer on duty those two days has not reported for duty since Paul Drake questioned him. I put out an APB on him. We'll bring him in, Chief, and get to the bottom of this."
"Good work, Carl," Ironside told him. "Call me as soon as you find him. And Carl, bring him in unharmed. I want to question him myself. Got that?"
"Yes, will do, Chief." Reese hung up.
"Mark, I want to see Councilman Martin. Call him and tell him we are on the way."
3
Paul Drake entered Chief Ironside's office. "Hi Eve, where's the Chief?"
"He left with Mark. They went to see Councilman Martin." Eve smiled and walked to Paul Drake. "Your cell phone is off, Paul. I've been trying to reach you. The chief wants you to check this out. Lt. Tragg and I found a picture of one of those trucks we think were used to transport the heroin. There was a sign behind the truck. We had the sign blown up." She handed the photo to Drake.
Drake studied the blown-up photo and said, "This matches the labels on the container, Eve. Now all we have to do is figure out what Armada is and who owns it."
Just then the phone rang. Eve pick it up. "Chief Ironside's office." She listened for a moment and then said, "Hold on, I want Paul to hear what you found out." She punched the speaker button and said, "Go ahead, Lieutenant."
Tragg said, "Paul, Tragg here. Seems my boys in LA found something last night that will help us. They found a small trucking company called Armada outside the city limits of Los Angeles. They're trying to run down who owns it. We should know soon. Paul, it's the one we're looking for. The labels match the ones on the container and we've located more trucks of the same type in that picture. We have a definite connection. David must have followed the trail to San Francisco."
"All right. I'll pass the information on to Perry and Chief Ironside. Lieutenant, I got a call from my guys as well. They've found a body matching the description of Peter Mitchell, the officer who worked the evidence room when Whitmore's heroin disappeared. They've notified your homicide department. We should have a positive identification soon," Paul informed Tragg. He hung up the phone.
4
"Call your first witness, Mr. Prosecutor," Judge Thatcher told John Richards.
"Your Honor, the state calls James Hoover to the stand," Richards said.
A short grey-haired man opened the swinging gate and walked up to the stand. After taking the oath he sat down in the witness chair.
"Sir, would you state your name and occupation for the record?" Richards was on his feet and standing next to his table.
"My name is James Hoover and I am the coroner for the city of San Francisco."
"You did the autopsy on the body of Lt. David Martin." He paused.
Both Perry Mason and Hamilton Burger were up on their feet. Perry sat down and let Hamilton take control. "Objection, Your Honor. He is leading the witness," Burger complained.
"Objection sustained. You know better than that, Mr. Prosecutor," the judge reprimanded him.
Glancing over at the defense table with a look that could kill, he turned back to his witness. "Did you do the autopsy on Lt. David Martin?" he asked.
"Yes sir, I did."
"And what were your findings?" Richards walked toward the defense table and stood next to Perry Mason.
"There were three bullets recovered from the body of the victim," Hoover told him.
"What kind of bullets were they?"
Perry immediately called out, "Objection. The witness is not an expert on bullets."
"Objection sustained."
"Dr. Hoover, in your opinion were these bullet wounds the cause of death?" Richards asked.
"They most certainly were. Death would have been instantaneous," Hoover replied.
"Were there any other signs of trauma that could have caused his death?" Richards asked.
"No sir. Nothing other than the gunshot wounds."
"At what time would you place the time of death?" Richards asked.
"Based on rigor mortis, death occurred between 8:30 p.m. and 9:00 p.m.," Hoover explained.
"Thank you, Doctor. Your witness, Counselor," Richards said, nodding to Mason.
Perry Mason stood up and approached the witness stand. He smiled and asked, "Doctor, were you able to determine at what range the deceased was shot?"
Richards looked down at his paperwork, embarrassed he hadn't asked this question.
Dr. Hoover told Mason, "Yes sir. He was shot at close range, no more than 3 feet away." He went on to explain the condition of the body from which he drew his conclusion.
"From the angle the bullets entered the body were you able to determine whether he was shot by a right- or left-handed person?" Mason asked.
"No sir," Hoover told him.
"Thank you, Doctor. That will be all." Mason said and returned to his seat.
"Anything else, Mr. Prosecutor?" the judge asked.
"No, Your Honor."
"You may step down," Judge Thatcher told the witness. "Call your next witness Mr. Prosecutor."
"Your Honor, the state calls Louis Morgan of the Ballistics Lab of the San Francisco Police Department," Richards called out.
Morgan took the oath and sat down.
Richards walked over to the table and picked up a gun. "Mr. Morgan, I show you this gun and ask if you have seen it before."
Morgan took the gun and said, "Yes sir, I have. It's the gun that was brought in to our department by Detective Sergeant Edward Brown. He asked us to run a ballistics test on it and compare it to the bullets removed from the chest of Lt. David Martin."
"And you found they matched," Richards said.
Burger was on his feet again. "Objection. Leading the witness."
"Objection sustained," Thatcher said. "Please refrain from leading the witness, Mr. Prosecutor."
"I am sorry, Your Honor." He turned back to Morgan and asked, "What was the result of your findings?" He glanced back at Burger to see if he was going to rise from his seat again.
"The bullets that were taken from the body of Lt. Martin were fired from this weapon, a .38."
"Then this is the murder weapon." Realizing Mason was on his feet, he corrected himself. "That is . . . in your opinion is this the murder weapon?"
Perry rolled his eyes behind his hand.
"Yes, it is the murder weapon," Morgan answered.
"I would like these entered into evidence as exhibit 1 and exhibit 2," he told the judge.
Mason stood. He walked over to the table, picked up the gun and bullets, looked at them and said, "No objection, Your Honor."
"Your witness, Counselor," Richard told Mason.
"Mr. Morgan, it is my understanding you are an expert in the firing and handling of guns in addition to being a ballistics expert, are you not?"
Richards stood up, "I have to object here. This was not covered in examination and is incompetent, irrelevant, immaterial."
"Mr. Mason, what are you getting at?" the judge asked.
"Your Honor, I am only trying to establish the full expertise of this witness. I believe his expertise in firing and handling guns is simply part of his qualifications which I have every right to question." Mason said.
Judge Thatcher thought for a moment and then said, "Overruled. You may answer the question."
"Yes, Mr. Mason. I am considered an expert in handling and firing guns," Morgan answered.
Mason smiled and said, "No further questions, Your Honor, but I reserve the right to recall this witness." As Mason returned to the defense table, Della leaned over and asked him, "What was that all about, Perry?"
"I want to be able to establish his expertise now so I may use him later regarding the handing of a gun by a person who is both right- and left-handed," Mason told her.
"Re-examine?" the judge asked.
"No, Your Honor," Richards said.
"Call your next witness."
"The state calls Lt. Carl Reese of the San Francisco Police Department," Richards announced.
Carl Reese came forward. Once he took the oath and sat down Richards came forward. "Lieutenant, will you state your name and occupation please."
"Detective Lt. Carl Reese, homicide division of the San Francisco Police Department, currently on temporary duty with the office of Chief Robert T. Ironside," he informed him.
"Lieutenant, would you tell us how you came to be on the scene of the murder?"
Reese looked at Richards and said, "I was driving back to the station from another matter when I got a call that a security guard at the Whitmore Warehouses had found a body in one of the warehouse he was charged with keeping an eye on."
"And what did you do next?"
"I called Detective Sgt. Edward Brown of Chief Ironside's office and asked him to join me there." Reese glanced at Ed who was sitting in the back of the courtroom.
"What did you find upon arriving on the scene?"
"I met the security guard at the warehouse in question; he showed me in."
"I found Lt. David Martin lying on the floor. He had been shot three times in the chest. There was a .38 lying beside him on the floor along with a napkin from Ted's bar," Reese continued.
"Did you check to see if he was alive?"
"Of course I did," Reese said indignantly. "He was dead."
"What did you do next?"
"I waited for Sgt. Brown to arrive, which he did moments later. I asked him to call in a team of investigators, call the coroner, and question the security guard. We had the place dusted for prints."
"Were any prints found and whose were they?"
"Objection. Lt Reese is not an expert on fingerprints," called out Burger.
"Sustained," came the answer from Thatcher.
"In your investigation did you find anything else of significance?"
"No, there was nothing other than the body and the gun." Reese stared back at Richards.
"Your witness, Mr. Mason."
Mason stayed seated. "Lt. Reese, did the warehouse have any type of lock?"
"Yes, Mr. Mason. It was not locked when I arrived though," Reese told him.
"Did it show any signs of being forced opened?" Mason asked the detective.
"No sir. It simply wasn't locked."
"And you found no key anywhere?" Mason continued.
"No sir."
"Your Honor, we have established the warehouse was not locked as everyone was going in and out freely. I do not see where Mr. Mason is going with this," Richards complained.
Mason said, "I have no further questions, Your Honor." He had already gotten the answers he wanted.
"Anything else, Mr. Richards?" followed the judge.
"No, Your Honor," Richards told him.
"Next witness, Mr. Richards?"
Richards stood up and called Ed Brown to the stand. "Please state your name and occupation."
"Detective Sgt. Edward Brown of the San Francisco Police Department. I am assigned to the office of Chief Robert T. Ironside," Ed answered.
"Please tell us how you became involved in the events of the night of the murder," Richards asked him.
"I was off duty having left Chief Ironside's office. I received a call from Lt. Reese to assist him at the scene. When I arrived Lt. Reese was already there. Lt. Martin was on the floor apparently shot to death. Lt. Reese asked me to bring in a team of investigators including fingerprint experts, the coroner, and a sketch artist. I made the calls and then went to interview the security guard," Ed offered.
"Then what happened?" Richards asked.
"The security guard told me he had seen a man run out of the warehouse just before he went in and discovered the body. So I had the security guard describe the man to our sketch artist. When I saw the finished sketch, I recognized a strong resemblance to Scott Whitmore from several photos I had seen of him in the papers with his father, the congressman. I called in and put out an APB. He was picked up later on a routine traffic violation."
"You then searched his apartment," Richards stated.
Perry shook his head and whispered, "Do you want to or shall I, Hamilton?"
"Objection, leading the witness," Burger said with boredom in his voice. He could not believe the inexperience of this man. He continued to make the same mistakes over and over. When the time comes, Burger thought, Perry is going to destroy him.
"Sustained."
Richards turned red. Perry wasn't sure whether it was anger or embarrassment. "Sgt. Brown, did you check Scott Whitmore's apartment?"
"Yes, after obtaining a search warrant I went to his apartment with two other officers."
"What did you find, if anything?" Richards asked smugly.
"We found heroin hidden in cereal boxes, $50,000 in cash in a crawl space under the house, and we found Lt. Martin's detective badge."
"Sergeant, I would like you to look at these three items and tell me if they are the items you described and found at the defendant's house."
Brown looked at all three items and responded, "Yes, they are. They have my mark on them."
"Your Honor, I would like these entered as exhibits 4, 5, and 6," Richards said. Perry stood up, examined the exhibits and said, "No objection."
"One final question, was there any sign of forced entry into the defendant's home?" Richards asked.
"No sir, there was not," Brown answered.
"Your witness, Counselor," Richards said.
Perry nodded to Hamilton Burger who stood up and approached the detective. "Sgt. Brown, did you have the opportunity to return to the house for further investigation?"
Richards was on his feet. "Objection, this was not covered in my examination."
Hamilton directed his remarks to the bench. "Your Honor, Mr. Richards made a point to ask if there was any sign of forced entry. The defense simply wants to show that forced entry was not needed in this case. We intend to show the evidence against our client could have been planted."
The judge thought for a minute and said, "I am going to allow this line of questioning but get to the point quickly, Counselor."
Burger turned his attention back to Sgt. Brown. "Did you return to the house, Sergeant?"
"Yes, I did along with Paul Drake, a private detective. We found the carpeting in the utility room had been cut at the wall, three feet across. I pulled back the carpeting and it revealed a door going to the basement. I went down to the basement where Paul Drake showed me a crawl space with a door that had been concealed."
"And where did it lead?" Burger asked.
"It led outside through the porch," Brown told him.
"Re-examine, Mr. Richards," Burger said.
Richards was clearly upset with this revelation. He approached Brown. "Sgt. Brown, was there any conclusive evidence that these exhibits had been planted by bringing them though this concealed door?"
"No sir," Brown said. With that Sgt. Brown was excused.
The judge addressed the attorneys. "Due to the lateness of the hour we will adjourn until 9:00 tomorrow morning."
5
Everyone met back at Chief Ironside's office. Mark had prepared chili, the chief's favorite meal. Perry and Hamilton gave everyone a rundown on what happened in court and Paul, Eve, Lt. Tragg and Lt. Reese brought everyone up to date on the investigation.
Mark put the very large pan of chili in the middle of the table and said, "I will not be held responsible for the holes the chief's chili burns in your stomachs, so eat at your own risk."
Ironside gave his aide an indignant look as Ed, Eve, and Carl laughed. "The only thing around here we eat more often than the chief's chili is Tums," Ed said to another round of laughter.
"When you people are finished with dinner, you can report to traffic control," Ironside told his staff, attempting to keep a serious look on his face.
"Bob, I believe Hamilton got the jury thinking about the possibility the evidence at Whitmore's house was planted. We'll be able to cast doubt on the security guard but we need more on Williams and we need to find out who owns those trucks. I'm convinced they are the key to this case," Perry told him.
Della looked at Perry. "Could it be possible Williams himself is connected to those trucks and the planting of the evidence at Whitmore's house?"
Perry looked back at Della and said, "I've been wondering the same thing."
Ironside looked out over this unusual group of allies and said, "We're going to concentrate on those trucks and the murder of Officer Peter Mitchell. Carl is following up on the cameras. All of these events are related. I want to add one more piece to this puzzle. I want both Jim Whitmore and Councilman David Martin thoroughly checked out. We haven't had the time to check them out but I want it done now. Ed, your job is Whitmore. I'm beginning to think he is avoiding me. Mark and I will see Martin. Eve, you and Lt. Tragg follow up with our Los Angeles operatives on Mitchell's murder and check out Williams. Paul, find the owner of that trucking company.
"Perry, Hamilton, and Della, just handle the trial and let the rest of us handle the investigation. All right, any questions?"
"Just one," Tragg said. "Where is that supply of Tums?"