The Case of the Lazy Race Horse
Chapter 14
14.1
Sheriff Tom Duncan stood up and walked to the front of the courtroom. He did not get much opportunity to testify in court these days. When he was a lieutenant in a big city, he did it more often than he cared to. This just wasn't an area where there was a lot of crime. When there was, it usually had to do with the horse racing industry. This was the first murder case that had gone to trial.
Duncan eyed Perry Mason as he passed him on the way to the witness stand. For a moment, he locked eyes with the California attorney. Why did the first murder trial that he had to testify at have to have the famous attorney defending the accused?
His skills as the investigation officer were on exhibit for all to see. He wanted to show the people that elected him that they could not have a better law officer in charge of protecting them.
Tom had heard and read all about how Mason could confuse witnesses, even the best law officers. He had no intentions of allowing the lawyer to do it to him. He had been questioned on the stand dozens of times as a lieutenant, and by lawyers as good as Mason. He thought about that for a moment; there were no lawyers as good as Mason. That was the reason he was so famous and in big demand.
Duncan raised his right hand and was sworn in. After taking his seat on the stand beside the judge, he waited for the prosecuting attorney to question him. At least he knew this would be a friendly examination, which would not be the case when Mason had his turn.
"You are the sheriff for this county, is that correct?" Donald Wade asked.
"That is correct."
"Before you became sheriff, you were a lieutenant on the police force for Louisville, were you not?"
"That is correct," Duncan replied.
"Can you tell us a bit about what it entailed?"
Perry smiled at Della before calling out, "Objection! Incompetent, irrelevant, and immaterial. It has no bearing on this case."
Donald Wade looked at Mason with disgust. "I am only trying to establish the expertise of this witness."
Mason stood up and smiled, which only served to irritate Wade more. "Defense will concede the witness as an expert. We don't feel it is necessary to go into the man's case history."
"I am not going to go into his case history, simply cover aspects of his career that will show the jury he has extensive experience in murder investigations," Wade argued.
Judge Winnifred Manford looked at Perry. "Mister Mason?"
"Your honor, this will likely be a long trial. Defense has already conceded this man to be an expert, and if we consider the man an expert murder investigator, I believe the jury will accept that he is. We are trying to save the court time. Once again, we concede Sheriff Duncan to be an expert murder investigator."
"The objection is sustained. The court instructs the jury to recognize the witness as an expert, and does not consider it necessary to go into his case history either."
Wade was unhappy about the ruling. Duncan had served in the homicide division and his record was quite impressive. The reason for going over it would have impressed on the jury that he had to be right. His record showed him to be a thorough and excellent investigator. Mason was trying to keep the jury from knowing just how good he was. He had no choice but to move on.
"Sheriff, did you have the opportunity to investigate the murder of Morgan Stapleton?"
"I did. I received a call that a murder had taken place at Dark Corner Farm. I went immediately with an investigative team."
"And what did you find?"
"Morgan Stapleton had been stabbed with a pitchfork in the middle of his back."
"He was dead?"
"He most certainly was."
Wade walked over to the evidence table and picked up the pitchfork. After returning to the stand, he said, "Is this the pitchfork you found?"
Duncan looked it over before answering, "Yes, it is. I scratched my initials in the handle right here." He pointed them out to the prosecutor.
"Let the record show that this pitchfork has been identified as the murder weapon."
Mason did not bother to get up but called out, "Objection!"
"What?" He could not believe it. How could Mason possibly object. "On what grounds?" Wade demanded.
"On the grounds it has not been established as the murder weapon. It may have been picked up at the scene, but if you are going to enter it as the murder weapon, I insist that it be proven to be so," Mason said.
"Mister Mason is correct, Mister Wade. It has not been shown that it is indeed the murder weapon," Judge Manford agreed.
"Your Honor, it was the only pitchfork in the stable!"
"And all you have shown so far is that it was found at the scene," the judge said. "Before it can be entered into evidence, you must prove it to be the murder weapon. The objection at this point, is sustained."
Wade was dumbfounded. She couldn't be serious. He shook off the shock of the ruling and took the pitchfork back to the stand. "Sheriff, was there blood on the pitchfork?"
"Yes, there was."
"And did you have the blood checked against the DNA of the deceased?"
"I did."
"And what was the results?
"The blood on the pitchfork was Morgan Stapleton's."
"Was the pitchfork dusted for fingerprints?"
"It was."
"And were you able to identify those prints?"
"Yes, they were the prints of the defendant's."
"Now, Your Honor, I would like this pitchfork entered into evidence as the murder weapon." He looked back at Mason. "Satisfied?"
"Any objection, Mister Mason," the judge asked.
Perry looked up from the defense table. "No objection."
Donald Wade looked at Mason in triumph. The defense attorney's expression never changed.
Toni grabbed Mason's arm. "Why did you do that? It got entered in evidence anyway. I don't understand you."
"Toni, if they are going to enter something in evidence as the murder weapon, they are going to prove that it is. I am not going to let them enter evidence against you without proving it is connected to you."
"But it isn't! I did not kill him."
"But you did touch it and left your fingerprints on it. The blood proves it is the murder weapon. I would not be doing my job if I did not make them prove it. I can't let them enter evidence against you if it is not tied to you."
"Well, I am not sure I like the way you are doing your job," Toni said.
Wade, feeling good about what he perceived to be a victory over Mason, walked back to his witness. "Sheriff, did you discover anything else?"
"Yes, we found bloody footprints that led from the stall to the door of the stable."
"Were you able to determine whose footprints they were?"
Duncan said with confidence, "Yes. We got a search warrant for the defendant's home. We found a pair of shoes that had blood on the soles. After having checked it, the lab reported it had the DNA of the deceased."
"Your witness, counselor," Wade said. He went back and sat down at the prosecutor's table.
Mason took one last look at Toni and stood up. "Sheriff, you have extensive experience with murder investigations, is that correct?"
"It is."
He walked over to the evidence table and picked up the pitchfork, returning to the witness. Mason handed it to Sheriff Duncan. "I asked this question before, and the district attorney objected as improper opinion, but since you are an expert, I think the question is in order. In your professional opinion, could a woman the defendant's size pick up and drive that pitchfork into the deceased as far as the county coroner has stated?
Wade jumped out of his chair. "Objection! The question has been asked and the objection was sustained!"
Mason argued further. "But, this time the witness is an expert in murder investigations. I am sure he has run across murders that have been done by a woman where stabbing had occurred."
"Your Honor ..."
"Just a minute, Mister Wade," Judge Manford interrupted. She turned to Sheriff Duncan. "Sheriff, do you have experience with stabbing murders?"
"Yes, Your Honor. There were many cases where the victim was stabbed by a woman."
"With a pitchfork?" the judge asked.
Tom Duncan squirmed in his seat. "Well, yes. There were three of them that I remember." 'Damn Mason! He must have checked into my background,' he thought.
"Then, the question is proper. You are an expert in your field, and the court will hear your opinion," the judge ruled.
"That is hard to say, counselor. The pitchfork is heavy. But in all three cases that I have experience, the women were able to take up to five steps, and then stab the victim."
"How many steps would the defendant have been able to take?" Mason asked.
"Objection! Counsel doesn't ..."
"Overruled," the judge said before Wade finished his objection.
"Well, from the position of the body, I don't think she could have taken any steps at all."
"I see," Mason said. "The defendant is five foot two inches tall. Is it your opinion that she could have lifted the pitchfork, and without taking a step, stab and kill the deceased?"
"Yes, I believe it is possible," Duncan answered.
"Sheriff, in the instances where the murders were committed by pitchfork, was it recorded how far the prongs entered the bodies of the deceased?"
"I believe it was."
"Exactly how far did the pitchforks enter each body?" Mason asked.
"I don't know. I don't remember every detail," Sheriff Duncan snapped.
"Let me refresh your memory," Mason said. He turned around, went back to the defense table. Della handed him a sheet of paper. Mason returned to the witness stand with the paper in hand.
"I have here a report from the Louisville Police Department." Mason handed the report to Duncan. "Will you tell the court what that report contains?"
Duncan sat for a moment to compose himself. He could not believe Mason went to such lengths to embarrass him. "It is a summary of how far the prongs of the pitchfork entered the bodies of each of the deceased."
"Compare that to how far the pitchfork entered the body of Morgan Stapleton," Mason ordered.
"Objection! Your Honor, this is incompetent, irrelevant and immaterial. It simply has no bearing on this case," the prosecutor complained. "The situations were different.
"Which is my point exactly," Perry said. "However, the part of the instances that are different has a definite bearing on this case."
Judge Winnifred Manford so far had overruled the prosecutor almost every time. She did not want to show any bias, but she wanted to know what it was that Mason was saying. "I am going to allow the question, but I warn defense counsel, if I don't consider it to be relevant to this case, I will instruct the jury to disregard the testimony."
Mason smiled. "Fair enough, Your Honor. "Sheriff?"
"Well... " He hesitated.
Mason already knew the answer and he wanted the jury to hear it. "Sheriff, I ask you again, how far did the pitchforks enter the bodies of the deceased as compared to that of Morgan Stapleton.
Still, Duncan hesitated.
"Answer counsel's question, Sheriff," the judge ordered.
"They only entered the bodies half as far as the pitchfork entered Morgan Stapleton's body." The courtroom broke out in murmurs.
Judge Manford banged her gavel to silence the spectators.
Perry reverted to his well-known courtroom voice. "So you would have the court believe that the defendant, whom you have admitted could not have taken any steps for momentum, shoved the pitchfork into Morgan Stapleton twice as far as three other women, who were able to take up to five steps in momentum. Is that right?"
"Objection!"
Perry smiled. "I withdraw the question." Mason walked back to the defense table and sat down.
Donald Wade stood up. "One question in re-direct. In your expert opinion, do you think it was possible for the defendant to have stabbed Morgan Stapleton, and have the prongs of the pitchfork enter into the body as deep as they did?"
"Yes, I think it is entirely possible."
The judge knew Perry Mason was not going to let that stand. She waited for the other shoe to drop.
"Your honor, because of the witness' last statement, I request permission to hold a demonstration."
Wade was shaking his head. "I object, Your Honor. Defense counsel is well-known for turning the courtroom into a circus."
"Your Honor, the defense has the right to call rebuttal witnesses," Mason said.
"Then do it when you put on your case, if you even have one," Wade snarled.
"Mister Wade, I will not tolerate personalities in this courtroom."
"I am sorry, Your Honor, but I still object," Wade said.
"Mister Mason, who is your rebuttal witness, and what do you expect to accomplish?" Judge Manford asked.
"My witness is Professor Roy Channing. He is an expert on the human body. We intend to demonstrate the piercing of a pitchfork into the body."
"Oh, for heavens sake! This is ridiculous" Wade said louder than he intended.
The judge was tiring of his behavior. "I will decide whether it is ridiculous or not. Mister Mason, call your witness."
"The defense calls Professor Roy Channing as a rebuttal witness," Mason called out.
The professor came forward and was sworn in. After taking his place as a witness, Perry walked forward and put his hands on the stand. "Please tell the court where you are employed.
"I work at UCLA. I am an expert in human anatomy," he replied. I teach there, training future doctors about the human body and its organs.
"Professor, you are also a medical doctor, is that correct?" Mason asked.
"It is."
"Can you tell the court what my associate, Paul Drake asked you to do?"
"He told me you wanted me to create a dummy that would represent the human body. So, I made one out of syntactic skin that represents the texture and thickness of human skin. I have also place a non-working human heart inside."
Mason turned to the judge. "Your Honor, what the defense would like to do in this demonstration is have the defendant, in a stationary position, stab this human replica with the murder weapon."
Wade was on his feet, his anger apparent for all to see. "Objection! This is nothing but a courtroom parlor trick that Mason is known for. He cannot be allowed to turn these proceedings into a circus."
"Mister Wade, I suggest you keep your behavior within acceptable courtroom ethics, or I will hold you in contempt of court. I will not tolerate anymore statements of that sort regarding defense council." She turned to Perry Mason. "Mister Mason, this demonstration concerns me. Before I rule on it, I would ..." Before she could say another word, Professor Channing spoke up.
"Your Honor, I assure you if I did not feel this demonstration would be very close to the real stabbing, I would not have agreed to testified for Mister Mason. This has been carefully calculated and tested by five experts, and all of them agree that this is an accurate test for the circumstances of the stabbing."
"All five experts for which I am prepared to call to the stand, Your Honor," Mason added.
That seemed to convince the judge. "Mister Wade, I am going to overrule your objection, and allow this demonstration."
"I object! It could not possibly be accurate unless you used a human body!"
Mason smiled and said, "Would you like to volunteer, Mister Wade?" The courtroom broke out in laughter.
After silencing the spectators with her gavel, she said, "That was uncalled for, Mister Mason."
"I apologize to the court," Mason said, but he caught the slight smile on the judge's face.
"Proceed, Mister Mason."
Perry motioned to the officer in the back of the courtroom. He opened the door, and two men brought forth a dummy on a spring-action platform. They began setting it up in the front of the room.
Mason turned to his client and whispered, "Toni, I am going to have you stand a slight distance from that dummy. On my say so, you will use that pitchfork to stab the dummy in the back."
"Are you out of your mind. If I pierce that dummy, the jury will find me guilty!"
"Listen to me. You are not going to pierce that dummy the depth that the pitchfork entered Morgan Stapleton."
"How do you know? I thought you were suppose to be the best lawyer in the country. You are crazy if you think I am going to do that!"
Della intervened. "Toni, you must trust Mister Mason. The professor has assured Mister Mason, you will not be able to do it. This will plant in the minds of the jury, that you could not possibly have killed Morgan Stapleton."
"It's nuts and I am not going to do it!"
"Toni, if you do not trust me, maybe you would be happier with a lawyer you could trust. You cannot fight me every step of the way," Mason said quietly.
"You can't quit on me! You promised to get me off!" Toni stammered.
"Keep your voice down. If you do not trust me to handle your defense, then you need to find an attorney that you do trust. Now, what will it be? "You will not hurt my feelings if you want another attorney?"
She sat there for a moment in turmoil. Della stared at her. She knew Perry would never desert a client. It was important she take part in the demonstration. He would do what he had to do to get her to do it.
"Mister Mason, we are ready to continue," the judge said.
"May I have a moment with my client?" Mason requested.
"One moment, no more."
Mason took the girl's hand. He decided to change tactics. "I never said I would drop your case, but you must start trusting me. This is very important. It will help our cause." He lifted her chin and looked into her eyes. "You always trusted me before. You need to now."
Tears appeared in her eyes. "I'm scared, Perry."
He smiled, trying to set her at ease. "I know you are, but I am right here. I am not going to let you go to jail for something you didn't do. Do you believe that?"
She smiled back at him. "Yes."
Then will you do as I ask?" Mason said softly.
She nodded but could not bring herself to say yes. "Good girl."
Mason stood up and pulled Toni to her feet. "I am going to ask the professor to take charge of this demonstration." Taking Toni by the elbow, he led her over to the dummy. Leaving her, he walked over to the evidence table, he picked up the pitchfork and returned to her.
When Mason tried to give her the pitchfork, she balked. He stepped forward and whispered, "You can do this, Toni. I believe in you."
That seem to do the trick, as she took the pitchfork from Mason. She did not get a good grip on it, and the handle hit the floor. Mason had to hold back a grin. It could not had a better effect on the jury. Even though he had not told her to do it, it looked as if the pitchfork was to heavy for the girl.
"Now, we will have Miss Latham recreate what the killer did," the professor explained. "According to police reports, the killer did not have enough space in the horse stall to take any steps. They determine that by the length of the pitchfork and the width of the stall itself. Therefore we will place her a pitchfork length away from the dummy. Please note that the dummy is on a spring action platform. This simulates the movement as the deceased is stabbed. Miss Latham, are you ready?"
Toni looked back at Perry Mason. He smiled at her and nodded. Toni lifted the pitchfork and stabbed the dummy to the collective gasps from everyone in the courtroom.
TBC...