The Case of the Innocent Cat Burglar

Chapter 16

1

Perry Mason and Della Street entered the courthouse to the usual gaggle of reporters trying to get a sound bite for the headline of their respective newspapers. As always, Mason eased his way through the reporters and toward the courtroom. He had enough on his plate. He certainly wasn't about to give anything away concerning how he intended to defend Jack Brace. The case had been confusing enough without giving up information Hamilton Burger could use against them in court.

They entered the courtroom. Mason looked around. It was packed with spectators as usual. He expected nothing less. His name alone drew in crowds like no other attorney in the city of Los Angeles. The lawyer set his briefcase on the defense table before shaking hands with Jack Brace, who was already seated at the table.

"I am rather nervous, Mister Mason. Can I really beat this thing after the confession I made?" Brace asked.

Mason looked at his client and smiled. "You didn't make things easy for me, but don't worry, the truth will come out. It always does." Mason knew that was not always the case. There were, no doubt, men in prison who didn't commit the crimes they had been convicted of, but telling Brace that would only unnerve him. He was shaky enough as it was. He needed him to convey calm and innocence.

Judge Morgan Archibald entered the courtroom from his chambers. After looking around the room, he sat down behind the bench. Most criminal trials had a few curious spectators, but the courtroom was always full whenever Mason was the defense attorney. The man had quite the following due to his legendary antics and unbelievable record of successful defense of the clients he chose to defend.

"Mister Mason, I believe you requested to cross-examine the medical examiner and Lieutenant Tragg. That request was granted. Are you ready to proceed?"

"I am, Your Honor."

"All right then, the medical examiner will please return to the stand."

Hank Kessler stood up and walked to the front of the courtroom. He took his place on the stand and waited for Mason's onslaught of questions. He only faced him a couple times in court, and knew the man was a very capable attorney. He would have to be on his guard, or Mason could easily make any witness look like a fool on the stand.

"Remember, Mister Medical Examiner, you are still under oath," the judge said.

"Yes, Your Honor," Kessler responded.

"Go ahead, Mister Mason."

Perry Mason remain seated studying the medical examiner's report in front of him. "You stated the time of death was between 7:00 and 8:00 p.m. Is that correct?"

Kessler shifted in his chair. He didn't know why, but he couldn't help feeling Mason was trying to trap him. He would proceed with caution when answering the attorney. "I did."

"What brought you to that conclusion?"

"When I examined the deceased, the body temperature had only begun to decrease. It had only dropped 1.5 degrees. His doctor confirmed Mister Edwards body temperature was a steady 98.6 degrees. When I examined him, it was only two hours after he had been discovered."

"But determining body temperature is not an exact science, is it, Doctor?"

"No, it isn't. There are many things that can influence the body temperature after death," he said.

"Including the size of the corpse, clothing and whether the room is temperate. Isn't that correct?" Mason asked.

"It is."

"What was the temperature in the room where the body was discovered?"

"From the police report I received, it was 76 degrees," the doctor answered.

"It is my understanding the body would cool much faster in cooler temperature," Mason said, "or more slowly in higher temperatures."

"That is true. The body will lose or gain heat until it reaches the equilibrium with the environment in which it is located."

"Than it is entirely possible the deceased could have cooled slightly slower, is it not? Thus confusing the time of death."

"I allowed for that when I said 7: 00 to 8:00 p.m. It wouldn't have cooled any slower than that."

"Couldn't the murder have occurred at . . . say, 6:45, or even as early as 6:30 p.m.?"

"No, I don't believe so."

"Why not?" Mason demanded.

"Because rigor mortis had yet to set in indicating the murder was committed shortly before it was found."

Mason had his opening. Crossing one arm over his chest, he stood up and picked up the medical examiner's report. "Doctor, isn't it a fact that rigor mortis generally starts setting in from about three to four hours after death, and peaks about 12 hours later? Thereby dissipating after 48 hours."

Kessel knew he had fallen into Mason's trap. Sighing, he answered, "Yes, that is correct."

"And rigor mortis had not yet set in?"

"That's right."

"Then the murder could have committed 4 hours earlier than you reported?"

Kessel shook his head. "No, not when you consider body temperature."

"All right. Let's talk about body temperature. What was the deceased wearing?"

The ME showed some discomfort. "He had on a wool suit."

Mason smiled. "Yes, it has been rather chilly, hasn't it? I suspect that is why he had the house heated to 76 degrees. Now, it is my understanding that what a deceased person has on can also contribute to body temperature, can it not?"

"Yes."

"How so?"

"The heavier the clothing, the body would cool slightly slower," Kessel said.

"So couldn't that, plus the temperature in the room cause the body to cool slower."

"A little," Kessel answered, "but not enough to account for the body temperature at the time."

"I see," Mason said. He continued to glance through the report. "The body was also near a heat register was it not?

"Yes, but that would have minimal effect."

"Was he on a cold floor that would cool the body a little faster?"

"No, he was lying on carpeting."

"How is the body temperature taken?"

"Well, with a thermometer, naturally," he said to laughter in the courtroom. Judge Archibald banged his gavel to quiet the spectators.

Mason only smiled. "Naturally, but you couldn't very well put it in his mouth or use the kind that you place in one's ear."

"Of course not."

"Then how do you take it?" Mason demanded.

"Rectally."

"How accurate is that?"

"Fairly accurate."

"But is subject to error?" Mason asked.

"It isn't an exact science, if that is what you mean."

Mason walked back to the defense table and picked up a medical journal. "I have here a medical journal regarding determining the time of death. I would like you to take a look at it." The attorney walked over and handed it to the ME. "Tell me, is this a reputable medical organization that published this article?"

Kessel leafed through it. "Very."

"I draw your attention to page 56. Can you tell the court basically what it says about body temperature?"

The medical examiner took a couple minutes to scan the item. "It gives an alternative for taking body temperature."

"Could you explain that please?"

Hamilton Burger stood up. "Your Honor, I must object to this as incompetent, irrelevant and immaterial. The only method that applies to this case is the one which the medical examiner used."

Mason turned to the bench. "Your Honor, I have the right to question all aspects of how the doctor came to his conclusion as to time of death, including the reason he didn't use a more dependable method of making that determination."

"What other possible method could he have used?" Burger said in frustration.

"If I will be allowed to continue, I would like the doctor to explain it."

Judge Archibald said nothing for a moment before ruling in Mason's favor. "I am going to allow defense counsel this line of questioning. You may continue Mister Mason." Burger shook his head and sat down.

"Tell the court what method that article is talking about," Mason said to the witness.

"Well, it determines body temperature by measuring the liver temperature."

"And is that more accurate than taking it rectally?" Mason asked.

"Many medical examiners consider it to be a more accurate reflection for the true core body temperature."

"How is it done?"

"By making a small incision in the upper right abdomen and inserting the thermometer into the liver tissue."

"And this wasn't done?" Mason asked.

"No, it was not. I have used the other method for years, and am completely satisfied it is accurate enough," he snapped.

"Accurate enough to convict a man of murder when there is a better method of measuring body temperature? Couldn't it make a difference of whether the defendant was even there when the murder was committed?"

"Objection!" Burger called out.

"I withdraw the question." Mason said, having made his point. "Was there any other reason you didn't use this method?"

"It could affect the evidence if the thermometer is inserted into the liver near the wound."

"Pardon me," Mason said, "it is a wonder I didn't fail biology. I wasn't aware the liver was located in the back of the head."

The courtroom broke out in laughter as the spectators knew Edwards had been murdered with a tire iron. Hamilton Burger stood up and shouted angrily, "Objection!"

Archibald banged the gavel on the bench to quiet the courtroom. "Sustained. The remark will be stricken from the record."

"No further questions," Mason said as he sat down.

"Mister Burger, anything further?" the judge asked.

"No, Your Honor."

"In that case, the witness is excused. Lieutenant Tragg will return to the stand."

Doctor Kessel stepped down from the stand. Mason, he knew, had succeeded in making him look like a fool. He gave the attorney a look of disdain as he passed him and left the courtroom.

"Lieutenant, I will remind you, you are still under oath," Archibald said.

Tragg nodded and took the stand. He was determined not to allow Mason to do to him what he had done to the medical examiner.

Mason walked over to the witness stand. "Lieutenant, you testified you were called to the scene of the murder."

"That's right," Tragg confirmed.

"Can you tell me just exactly how that came about?"

"We received a call from someone in the neighborhood reporting that they thought was a shot fired."

"And who made that call?" Mason asked.

"They didn't give a name."

"Did it occur to you it could have been the murderer?"

"Objection!" Burger called out.

"I'd like to answer that, Mister Burger, if it is all right with you," Tragg said.

Burger nodded and looked up at the judge. "I withdraw the objection."

"We get calls all the time, Mister Mason, reporting all sorts of things. Sometimes people give their names; others are afraid of becoming involved so they refuse to give their names. Besides, murderers don't usually report that they just killed someone."

Once again the courtroom broke out in laughter. Mason detected a slight smile at the corners of the lieutenant's mouth. Not deterred, Mason waited until the judge quieted the courtroom before continuing. "But they might call it in if they saw an opportunity to have it blamed on someone else. Could that have been the case here?"

Burger stood up again. "Objection! Is Mister Mason expecting the witness to testify in what is nothing but a hypothetical question?"

"Sustained!" Archibald ruled.

"Lieutenant, when you arrived on the scene, did the defendant speak to you?" Mason asked.

"He did," Tragg said, offering nothing more.

"And what did he tell you?"

"He said he didn't kill Mister Edwards."

"But, you didn't believe him."

"Not when he was holding what turned out to be the murder weapon in his hand.

"Were there any finger prints on the tire iron?"

"It had been wiped almost clean, but than he was holding it with a handkerchief." Tragg smiled. "We did find a couple prints that matched the defendant. However, I couldn't be sure if they were placed there at the time of the murder or when I took the tire iron from him as his hand touched it at that time."

"So you don't know if the defendant found the bloody poker and picked it up with his handkerchief to inspect it? After all, he must have been shocked to see his initials, knowing that someone had just killed Mister Edwards with his tire iron."

"If you say so, Counselor, but he immediately confessed to the murder as soon as we got him to the station."

"Did you consider that since it was his tire iron, he might have thought his son had killed Edwards? Therefore, the confession was only because he was protecting Tommy Brace."

"There were other circumstances that collaborated his confession," Tragg answered.

"Lieutenant, are you aware Steve Edwards was blackmailing several of the people he and the defendant had been steeling for?"

"Objection!" Burger said, getting on his feet. "That was not part of the direct examination."

Mason turned to the judge. "The witness just said there was other circumstances that collaborated the confession. Defense has the right to explore those circumstances."

"Overruled, the witness will answer the question."

Tragg realized he had just allowed Mason to walk him into a trap. What was he getting at? What did he know, and how did he come to know it? "I thought there might be that possibility," Tragg said cautiously.

"Did you check Steve Edwards' office for any of that collaboration?"

"Your Honor!" Burger shouted.

"I already ruled, Mister Burger. Your witness said he had collaboration. Mister Mason is simply questioning witness about that collaboration."

Burger sat back down wondering how Tragg could have make such a mistake. What bothered him even more was where Mason was going with these questions. He was afraid that somehow he knew about the flash drive. Burger just didn't know how he could.

"Yes, we checked his office. So did you, in fact. You should know if there was anything that pertained to this case. After all, Counselor, you were there for over two hours."

"Yes, I was there . . . legally with a court order. What I would like to know, Lieutenant, was how you just happened to show up at the same time I was there."

Burger had to stop this. He now had no doubt Mason knew about the flash drive. He had to keep it out of the record until they were sure it could not destroy the case against Jack Brace. There were just too many motives on that flash drive. "Your Honor, I must renew my objection. Lieutenant Tragg is the officer in charge of the homicide. He has the legal right to check the office of the deceased."

"I don't believe Mister Mason is questioning that. He has asked how the lieutenant happened to be at the office at the exact same time. I don't see any reason why he shouldn't answer the question." Judge Archibald turned to Tragg. "Answer Mister Mason's question, Lieutenant."

Tragg shifted in his seat. "I received a phone call stating that you were going to be there, and that you were looking for something that would help your case."

"So, you showed up to make sure I didn't find it," Mason said.

"Objection!" Burger shouted.

"Sustained. Watch it, Counselor," he admonished Mason.

"My apologies," Mason said with a bow. He turned back to Tragg. "Lieutenant, did you find anything after I left that would have a bearing on this case?"

Damn Mason, he did know about the flash drive, Burger thought. He didn't believe for a moment that he just stumbled upon it with a fishing expedition.

"I . . . well, I . . . " Tragg stumbled.

"Well, did you?" Mason said, raising his voice.

Tragg looked over at Burger. He could see the district attorney was seething. Yet, he knew he had no choice but to answer Mason's question. Burger, on the other hand, was going to make one last attempt to stop the flash drive from becoming evidence at this time. "Your Honor, Lieutenant Tragg did find something, but we do not wish to present it at this time. It will be presented at the trial."

Mason turned to face the bench. "I believe this evidence that the Lieutenant found has a direct bearing on this case. In fact, I will go as far as to say that it would help the defense's case, and the district attorney is withholding evidence he is bound by law to share with the defense."

Archibald turned sharply toward Hamilton Burger. "That is a pretty serious accusation defense counsel has leveled. Now, I don't want to tell the district attorney how to put on his case, however, if you are withholding evidence that helps the defense, I must insist that it be produced immediately."

"We have every intention of presenting this evidence, Your Honor. Only it will be done at the trial," Burger said.

"If there is a trial." It was evident the judge was becoming irritated. He turned to Tragg and said, "Lieutenant, what is this piece of evidence?"

Tragg again looked at Burger apologetically. After hesitating, he said, "It was a flash drive concealed under loose carpeting behind a filing cabinet."

"And what is on this flash drive?" the judge asked.

"Steve Edwards' business dealings with some very prominent people."

"And you don't think the defense has the right to that considering what the victim did for a living?" The judge had the inkling they were dealing with blackmail.

Tragg said nothing. He turned his head to look at Mason. Realizing that Paul Drake had been in the office earlier in the day the flash drive was found, he understood what had happened. Drake had found the flash drive, and either he or Mason had seen what was on it, then put it back. After all, Drake would have removed it from Edward' office illegally. One of them must of returned it and placed it back where it had been found. Mason! Yes, of course! He had been standing outside the office when Tragg arrived. He claimed to have not yet searched the office. On that point, he hadn't lied. He went in, put the flash drive back and came out of the office to be discovered on the outside, thus giving the impression he hadn't been in the office. His more than two-hour search was not for evidence, but for Tragg's benefit. What was worse, he had walked them into making its discovery very much legal to use in court. It wouldn't have been otherwise if Drake had removed it.

"The District Attorney will make a copy of the contents of the flash drive and give it to Mister Mason. If you don't want to make it part of the record at this time, that is up to you. However, if it can help the defense, I have no doubt Mister Mason is going to want to make it part of the record when he puts on a defense." The judge's ruling came through a very stern voice. He would wait to see what was on the flash drive before dealing with Hamilton Burger.

Perry Mason turned around and smiled at Della. She looked down with a smile of her own on her face.

"Do you have any other questions for this witness?" Archibald asked.

"Yes, just one." He turned back to Tragg. "Lieutenant, I would like to know why Sergeant Holcomb held me outside the interrogation room when I arrived. I insisted on seeing Mister Brace, but he would not allow it. Did you give him instructions to stonewall me while you got a phony confession from the defendant? There were murmurs around the courtroom. Mason waited for Tragg's answer.

"I . . . well, I told him to wait until the defendant asked for his attorney. He didn't. He gave the confession willingly," Tragg answered.

"And with what you knew at the time, did you even consider the defendant only gave it because he thought he was protecting his son?"

"Objection! Asked and answered," Burger complained.

Mason turned sharply to Burger. "No, sir, it wasn't. When asked, the lieutenant simply said he had other collaboration with the confession."

With a nod to Mason, Judge Archibald said, "Overruled. Answer the question."

"No, I found the defendant with the murder weapon in his hand. I didn't consider it."

"So you kept his attorney cooling his heals while you got a confession that was only given to protect the boy, when I could have stopped him from incriminating himself since we could prove the boy didn't do it."

Tragg said nothing. Mason had already made a mess of his testimony. Unless forced, he wasn't going to answer. As it turned out, he didn't have to.

"I have no more questions for this witness, but I reserve the right to recall him," Mason requested.

"Granted. The witness may step down."

Tragg left the witness stand, went over, and sat beside Burger. "He knew about the flash drive all along, and we made it legal for him to use it against us in court. He walked us right into its discovery."

"Damn him!" Burger cursed. "I should have known. We get a call telling us Mason is going there looking for something, and what do we do? Run right over there and pick up what he had obtain illegally. Do you want to bet he already has a copy of it?"

"No. I don't make losing bets," Tragg drawled.

"Mister Burger, I believe the prosecution should now call its next witness," Archibald said, interrupting them.

Burger stood up. "The people call Tommy Brace to the stand."