The Case of the Defenseless Prosecutor

Chapter 21

After Ironside was sworn in, Perry Mason approached his witness. "Please state your name and occupation."

"Robert T. Ironside. I am a special consultant to the San Francisco Police Department."

"Could you tell the court what that entails?"

"I am assigned cases by the commissioner as well as I take on many other cases that I decide to become involved in."

"Your honor, the prosecution will stipulate that Chief Ironside is a competent police officer. It is not necessary to waste the courts time going over his entire case load history," Wayland Grant said as he stood up.

"Mr. Mason?" Judge Coleson questioned.

"Your honor, the defense appreciates the prosecution's stipulation but we feel it is important to cover some aspects of Chief Ironside's qualifications. We would like to present our case our way," Mason replied.

"Mr. Mason, I doubt there is anyone on in this courtroom that is not familiar with Chief Ironside's reputation. The court doesn't feel you need to go into his caseload," Coleson said a bit irritated.

"We do have any intention of going into his caseload, your honor. We only want to touch on certain areas of his qualification that will be important to his testimony."

"Very well, Mr. Mason. You may proceed," Coleson snapped.

"Chief Ironside, in the interest of full disclosure, you are related to me, are you not?"

"I am, although it is not something I like to admit," Ironside said will a slight smirk. The courtroom burst into laughter. Coleson smiled and let the laughter die down. Perry gave his brother a smile and slight nod, acknowledging he knew Ironside had noticed Coleson's irritation with him and succeeded in defusing it.

"Likewise, Bob," Perry replied to more laughter. Again Coleson did nothing but let the laughter die. Della and Hamilton looked at one another with grins on their faces. "Now, Chief, you have investigated everything from burglaries, mobsters, missing persons, murders, even missing dogs. Is that correct?"

"Yes."

"By police standards, you would be considered an expert in almost all aspects of police investigations, would you not?"

"Yes," Ironside said.

"Chief, what brought you to Los Angeles and how are you involved with this case?"

"Commissioner Dennis Randall was contacted by Lt. Tragg representing the Los Angeles city council. They requested I come to Los Angeles and investigate Hamilton Burger's involvement in this case."

"And are you investigating the case by yourself?

"No. I brought Sgt. Ed Brown and Officer Eve Whitfield who are on my staff."

"Is there anyone else with you?"

"Yes, my aide Mark Sanger who presently is in Los Angeles General Hospital as a result of an attempt on my life."

"Any other officers come with you?"

"One other police officer whose name is Otto."

"What is Otto's last name?"

"Otto doesn't have a last name. He is a police dog, a German Shepherd."

"What is he trained for, exactly?"

"He is a trained attack dog as well as a bomb sniffing dog and a tracker."

Wayland Grant was up on his feet. "Your honor, I am going to have to object. I have been patient but I fail to see what this could possibly have to do with this case."

"Mr. Mason, I have to agree with Mr. Grant."

"Your honor, if the court will indulge me, all of this will be important for the testimony Chief Ironside will give," Mason insisted.

Coleson shook his head. "I am going to overrule you Mr. Grant but Mr. Mason I think it is time you get to the point."

"Yes your honor, I have every intention of doing just that," Mason said as Wayland Grant sat back down.

"Now Chief Ironside, let's go back to the day you came to Los Angeles. After you were picked up at the airport, where did you go?"

"Straight to the Johnson Tech Corporation."

"Who else was there?"

"Sgt. Brown, Officer Whitfield, Lt. Tragg, Mark Sanger, Hamilton Burger, Della Street, you and Otto."

"You examined the scene of the crime, did you not?"

"Yes, I did."

"And do you agree with the assessment of the prosecution that Conner Wolff was killed in the back of his office?"

"No, I do not," Ironside said gruffly.

"Any why not?"

"Because we found traces of blood in the groves of the tiling in the front of his office."

"Was it centered in one area?"

"Yes, there were several tiles in the front of the room that had blood in the groves."

"How do you explain he was found at the back of the room?" Mason asked.

"Because he was dragged there," Ironside answered.

"Objection!" There is nothing to substantiate Chief Ironside's conclusion," Grant called out.

"Overruled," Coleson said immediately. "Continue, Mr. Mason. I think the jury should hear what Chief Ironside bases his conclusion on."

"And what do you base that conclusion on, Chief Ironside?" Perry asked.

"We found blood in every tile alone a stream of tiles from the front to the back of the room."

Perry looked at the jury out of the corner of his eye. That had an impact! Well just wait he thought, if they were impressed by that! "Did the blood match the decedent?"

"Yes, it was his blood."

"The defendant said that he believed there was someone else in that room. That is the reason he picked up the knife from the desk. Could he have been correct?"

"Objection! Counsel is asking the witness to speculate." Grant called out.

"Sustained."

"Chief, was it possible for someone else to be in that room at the time of the murder?"

"Yes."

"Could you please explain that?" Ironside told the court how they came upon the hidden window and how Ed Brown and Mason had opened it and found footprints below the window in the mud.

"Did you investigate the footprints under the window?"

"Yes. I had Mark Sanger take Otto outside to track where whoever made them had gone."

"And where did Otto track them to?"

"Objection! Chief Ironside said Mark Sanger was with the dog so only he can testify to where the dog tracked whoever it may or may not have been."

"Mr. Mason, Mr. Grant has a point. Why don't you call Mr. Sanger to the stand?"

"He is in the hospital, your honor and his doctor will not release him to appear in court. Chief Ironside did get a sign avadavat regarding what he saw and did." Ironside pulled the avadavat out of his suit coat pocket and handed it to Perry Mason who in turn handed it to Judge Coleson. Wayland Grant approached the bench and Coleson gave him the avadavat to read.

"Your honor, I would like that avadavat entered in to evidence." Mason handed the avadavat to back to Judge Coleson.

"Any objection, Mr. Grant?" Coleson asked.

Grant hesitated and then said, "no your honor."

"Proceed Mr. Mason."

"Chief, will you read Mr. Sanger's testimony into the record. The avadavat was given back to Ironside who did as he was asked.

"In your expert opinion, is it your contention that someone left Mr. Wolff's office by way of that boarded window and stepped down into that mud outside that window?"

"No, it is not my opinion; it is a fact that not one but two people stepped down into that mud outside the boarded window."

"And Mr. Sanger stated that Otto tracked them to the woods. Is that correct?"

"That is correct?" Ironside agreed.

"Your witness."

Grant stood up. This could make or break his case. Mason was attempting to show that someone else was in that room at the time of the murder. Yes, that was the key here. He had to break Ironside's testimony or his case against Burger might be in jeopardy. He made his way over to Ironside.

"Chief Ironside, you said that Mr. Wolff was murdered in the front of his office and dragged to the black of the room. Is that correct?"

"Yes," Ironside replied.

"But isn't it possible that that he crawled to the back of the room?" He said in a loud confident voice. Mason held back a smile. He purposely left that out so that Bob could destroy the notion. It was much more effective if his brother destroyed it with Grant grandstanding.

"No, it is not possible."

Grant pretended to be surprised. "Why do you say that?"

"Because there were scuff marks from his shoes on the floor. I had the lab check the polish. It matched the polish on the shoes Mr. Wolff was wearing on the night of the murder."

"But those scuff marks could have been made at some other time, couldn't they?"

"It is possible." Ironside said. Grant showed triumph on his face. "But he would have had to lie on the floor, put his feet together and drag his shoes across the floor."

Grant turned sharply toward Ironside. Damn him! He knew fully well they could have been made at any time. "But it is possible that they were made some other time?"

"Yes. It is possible….but not likely."

"But possible?"

"Yes," Ironside said.

Grant knew that was the best he could do with this evidence. "Chief, Mark Sanger stated that there were muddy tracks outside that boarded window. Did you determine the shoe size of the any of those tracks?"

"Yes."

"And what was the size of the tracks?"

"One print was clearly a size eleven shoe. One other print was a size ten." Ironside said.

"And could you tell the court what size shoe Hamilton Burger wears?

"Mr. Burger wears a size ten."

"So Mr. Burger could have made those prints outside the window?"

"No. I do not believe so."

"But you just said he wears a size ten shoe. So he obviously could have made the prints," Grant insisted.

Mason stood up. "Objection, your honor. Mr. Grant is testifying for the witness."

"Sustained!" Judge Coleson ruled.

Grant was showing frustration. Ironside was impossible! He had to break his testimony. "Chief Ironside, if the defendant wanted to avert suspicion from himself, he could have made those prints before just before Lt. Tragg discovered him, could he not?"

"It is not likely," Ironside said. "If he stepped in that mud then his shoes would have to have been muddy at the time of his arrest. They were not."

"It is possible he could have cleaned his shoes, is it not?"

"Not in his office. There was nothing there to indicate he did. If he had gone down the hall there would have be a trail of mud. There was not."

"So far you have not provided any evidence that anyone came out of that window. Someone could have made those prints from the outside. The ground outside that boarded window may have a large patch of dirt but the rest of the area is grass, isn't it?"

"Yes it is," Ironside answered.

"Then those prints could have been made from the outside, could they not."

Ironside shook his head. "No."

"No? Why not, Mr. Ironside?"

"Because Otto tracked the scent and it started at that window."

"Otto? You mean, your dog track the scent. A household pet?"

"He's much more than a household pet, Mr. Grant," Ironside said.

"That has not been proven, Mr. Ironside." I have no further questions of this witness."

"Mr. Mason, any re-direct?"

"Yes, your honor." Perry Mason got up and walked over to his brother. "Chief Ironside, please tell the court how you came upon possession of Otto and describe his training."

Ironside told the court about training with Otto. He told them about Dunlapp, his expertise with training guard and war dogs. Mason asked him to describe how Otto saved his life at Commissioner Randall's cabin and then the lives of all those who were about to enter the van before the explosion.

Grant sat at his table showing very little interest in Ironside's testimony. He stood up and said, "Your honor, all Chief Ironside has done is to tell the court of the dog's heroics. Nothing he has said proves the dog can track."

"Mr. Mason?" Coleson inquired.

"Your honor, I believe I can prove Otto's ability with my next witness," Mason said.

"Then call your witness," Coleson ordered.

Ironside wheeled away from the witness stand, stopped and turned around when he reached the defense table. He settled his wheelchair beside Mason's chair.

"The defense calls Police dog, Otto," Mason said. The courtroom broke out in excited chatter.

"Objection! Mr. Mason has no defense so he is going to turn this courtroom into a circus to divert the fact that his client did indeed murder Conner Wolff!" Grant shouted. "Does he really think he can question a dog?"

Coleson slammed his gavel down several times. "Order in the court!" The crowd immediately quieted. "Mr. Mason, you better explain yourself and right now," Coleson said angrily.

"Your honor, Mr. Grant has suggested to the jury and this court that the footprints outside that boarded window were made by someone who simply walked across that patch of mud. He has also questioned Otto's ability to track. I have no intentions of questioning the dog. I simply would like to demonstrate that ability."

"Oh your honor, this is ridiculous!" Grant roared. "You cannot possibly allow him to turn this into a dog and pony show!" He slammed his fist down on the table in front of him.

"Mr. Grant, I suggest you get control of yourself. Your tone of voice and conduct is not acceptable in my courtroom. Gentlemen, approach the bench."

Mason and Grant walk to the judge's bench. Grant was still fuming but Mason was calm and poised.

"Your honor, I object to Mr. Mason calling a dog as a witness. He can't question the dog and I can't cross-exam him. He doesn't remotely come close to the definition of a witness," Wayland Grant complained.

"Mr. Mason, I don't see where this is necessary. Chief Ironside has already given the court the history of his training and cited enough incidents of his abilities," Coleson agreed.

"Your honor, I have an obligation to use all means within the law to protect my client's interest. I cannot leave the jury with the impression that those footprints were made from someone who just happened by that window. Mr. Grant has challenged Otto's ability and I believe I am within my rights to demonstrate that the dog did indeed track from the point of the mud. It would substantiate that someone came out that window," Mason argued.

Coleson looked at Mason and then at Grant. He scratched his chin and finally said, "Alright Mr. Mason, I am going to allow this demonstration but I warn you. Do not turn my court into a three ring circus."

"I have no intention of doing that, your honor," Mason replied.

"Return to your tables, gentlemen."

Grant shot a nasty look at Mason who just smiled and returned to his table.

"Mr. Mason is going to have Otto demonstrate his ability to track," Carlson said to the jury.

Grant stood up. "Your honor, I must renew my objection!"

"Your objection has been noted and overrule, Mr. Grant," Coleson snarled. "Mr. Mason proceed."

"Bailiff please bring in Otto," Mason said. The bailiff went out the door in the back of the courtroom and disappeared. When the door opened again, Eve Whitfied walked in. She held in her left hand a dog's leather lead. On the other end of that lead was Otto. The excited dog was wagging his tail and panting. When he spotted Ironside, he made a dash toward him and pulled the lead out of Eve's hand. Otto ran directly to Ironside, barking, whining and wagging his tail.

Ironside called out to the excited German Shepherd, "Otto, cease! Sit!" As if someone had turned off a switch on the dog, he was silent immediately and he sat down beside his master.

Perry Mason stood tall, his massive frame directed at the jury. "The defense has hidden a small ball somewhere in this courtroom. It happens to be one of Otto's favorite toys. It is red and has his name on it. In a moment, I am going to take Otto to the back of the courtroom and Chief Ironside will order the dog to find the ball. Otto will have to depend on his ability to track the ball through Chief Ironside's scent as he is the one who handled and hid the ball."

"Your honor!" Grant called out but was immediately interrupted by Judge Coleson.

"Overruled, Mr. Grant. Now take your seat. Mr. Mason, please continue."

Perry Mason took the lead from Robert Ironside and lead Otto to the back of the courtroom. He ordered Otto to sit and then removed the lead from his collar. Perry nodded at his brother to begin.

Ironside shouted, "Otto!" The dog's ears perked straight up. He whined as he looked at Ironside. "Otto, let's play catch. Find the red ball, Otto. Search!" Otto took off on the run. He ran through the gate separating the people in the courtroom and the counsel tables directly to Ironside. After Ironside encouraged him to locate the ball, the dog went back out into the spectators and started sniffing each person he stopped at. People started petting the dog as he went by. Otto went up and down the rows of people until he had covered every row. When he had completed the entire room full of people, he returned to the front of the room.

Otto sniffed around the judge's bench and bounded around it to check out the judge. He ran over to Della and licked her face. He then sniffed around Hamilton Burger and checked around the table. Still Otto had not located the ball. He ran over to the prosecution table and sniffed Wayland Grant, who backed away from the Shepherd in obvious disgust. Otto began to whine and his tail began swishing back and forth. He sniffed Grant's brief case. It was not the typical brief case most men carried. It was more like a box. The top was down and latched. Otto barked and pawed the brief case. His bark became louder as he whined and pawed the case.

Perry Mason walked over to the prosecutor and said. "Mr. Grant, would you please open your briefcase.

"It could not possibly be in there," he resisted.

"Please open the briefcase," Perry said again.

"Mr. Grant, open your briefcase," Judge Coleson ordered.

As soon as Grant obliged, the German Shepherd stuck his head inside. When he pulled his head out, he carried a red ball back to Chief Ironside. Otto threw the ball into the air at him. Ironside caught the ball in his right hand.

Perry walked over to his brother, took the ball out of his hand. The big lawyer held the ball up with the name Otto visible to everyone. "Otto's red ball," Mason said in his booming courtroom voice. The courtroom broke out in applause.

Perry crossed in front of Ironside and sat down beside Hamilton Burger. He grabbed his wrist and placed the red ball in his hand with a smile on his face.

"It is so much more fun when you pull these stunts on someone else." Hamilton said grinning back at Mason.

"That my friend adds up to….."

"Reasonable doubt," Burger finished.

"Now we nail the killer." Perry said.

"It is approaching the hour of adjournment," Coleson pointed out. "The jury is instructed not to discuss the case among themselves or with anyone else. Court is adjourned until nine o'clock tomorrow morning." When Coleson got up to leave, everyone in the courtroom stood up as tradition required.

Wayland Grant looked over at the smiles on the faces of those at the defense table. He knew he not only failed to break Ironside's testimony but also played right into Mason's hands. Attacking Otto's abilities was exactly what Mason wanted. He led Grant right into doing so. Mason wanted that dramatic demonstration to impress the jury and Grant knew he not only succeeded but also had just planted that reasonable doubt. He had just effectively defeated Grant and he knew it.

On one hand, Grant was furious that he had allowed himself to be led and used by Mason in front of the entire court. On the other hand, he could not help but admire this very shrewd and talented lawyer. One did not win as many cases as Perry Mason if he was not extremely good and Mason was good. Grant watched Mason talking to Burger and Ironside. He thought about what had just transpired in the courtroom. It hit Grant that Mason has just proven someone else was in that office. Could Burger be telling the truth? Grant had no desire to see Burger get the death penalty if he was not guilty and it now appeared that he might have been right about someone being in the room.

The dog certainly had been impressive. If he had started tracking from the mud, then there was only one place someone could have come from and that was that boarded window. Grant had to admit he now had doubts himself. If he did, then the jury certainly did and they were not going to convict Burger.

Grant walked over to the defense table. Ironside caught his brother's eye and nodded at Grant. Perry turned around. "Wayland, is there something I can do for you?"

"I would like to talk to you, Perry. Hamilton and Chief Ironside should be present as well."

"Alright, why don't we do it in the prisoner's holding room. Della, would you take care of my briefcase and keep Otto with you."

They went into the holding room. Perry pointed at the chair and Wayland Grant sat down. Hamilton Burger sat down on the other side of the table. Perry remained standing next to Ironside. "What did you want to see us about?"

"I have been doing some thinking and I have doubts about Hamilton having murdered Conner Wolff," Grant said. "I have no doubt that the jury does as well. Hamilton, I want you to know I prosecuted this case because I believed you were guilty. Everything pointed directly at you. I guess I should have known better after having working with you for so long. Maybe ambition clouded my judgment." He hesitated and then said, "No, the evidence was there…"

Hamilton smiled. "Stop beating yourself up Wayland. For cripes sake, Lt. Tragg arrested me for murder and I consider him one of my closest friends. You had no more choice than he did. I didn't do it, Wayland."

"I believe I know that now. I am willing to drop the charges tomorrow in court."

"Before we do that, we have to trap the real killers," Perry said.

"Do you know who the real killer is?" Grant asked.

"Killers, Mr. Grant. There are two of them," Ironside informed him. "One was Daniel Moorey. We have him in custody. The other one is still at large. He has no idea that we know who he is. Perry, Hamilton and I have worked out a plan to trap him."

"What plan?" Grant inquired.

"Perry had him served with a subpoena to appear in court tomorrow as a witness for the prosecution. However, we don't think it will be necessary to call him tomorrow or any of the others we had lined up."

"What the chief is saying is with your help, we would like to trap him tonight," Perry said.

"What would you like me to do?" Wayland asked.

"Nothing," Hamilton interrupted. "That is nothing other than be a witness to what is said and done. "Wayland, I intend to run for district attorney again and in order to win, I must be proven to have been the victim here. We have to arrest the real killers. Just dismissing the case might end my career."

Grant averted his eyes from Burger's. "I am not going to run against you. If fact I will resign my position as soon as you are cleared."

"That will not be necessary. You are a hell of a prosecutor and I want you in my office. I am not going to hold this against you. You were only doing your job and the evidence, though planted, was overwhelming. So forget resigning."

"You are more forgiving than I would be," Grant said.

"That is why he is the prosecutor and you are the assistant prosecutor," Ironside said. "A professional accesses what is in front of him and never blames the guy who is only doing his job."

"I guess I still have a lot to learn," Grant said.

"You doing just fine," Burger smiled. "You don't become a full blown prosecutor until you have had your tail kicked by Perry Mason a few times."

"Then I must be on my way because he sure kicked my tail on this one," Grant replied.

Everyone laughed. "You will find that Perry goes the extra mile to protect his clients. It is part of what makes him so good. You will have to admit he led you right into questioning Otto's abilities," Burger grinned.

"Yea, now I know how you feel Hamilton when he grandstands like that"

"Grandstands? I don't grandstand," Perry mocked being indignant.

"You grandstand," Hamilton and Wayland said at the same time.

"I'll tell you one thing, I hate it when he does that to me but today, I loved it!" Burger laughed. Grant could not help it, he laughed with him.

By the way, how did you get that ball in my brief case without me knowing it?

"Hamilton called to be sure you were not in his office," Perry said. "When he was told you were gone for the day, he and Bob went to his office and planted the ball deep in your brief case where your pens are kept."

"And by the way, it was Perry's idea and we did it before the trial started," said Hamilton.

Grant shook his head. "No wonder you are so ugly after trying cases against him."

Hamilton chuckled. "Maybe next time you will be more understanding when I get….ugly."

"So are your with us?" Ironside asked.

"Yes, I am with you chief," Grant answered.

Perry sat down at the table. Here is what the Bob, Hamilton and I have worked out…