Bloodville (32 page)

Troy McGee unzipped his leather jacket. ―I don't think so.‖ ―Why did you in this case?‖
―I don't know. Just seemed like the thing to do.‖

―It wouldn't have anything to do with the fact that the victim in this case, Bud Rice, and State Police Deputy Chief Charles Scarberry were close personal friends, would it?‖

Wilcoxson stood. ―This whole line of questions is irrelevant, your honor. What Officer McGee has done in other cases has nothing to do with what he did on November 18, 1967, and the victims acquaintance with a high-ranking State Policeman is also not relevant.‖

―I'll withdraw it, your honor. Officer McGee, in a case like this, would the roadblocks go up immediately upon your request?‖

―Well, see, how it works is, I request them from the sergeant. He can order them set up in his own area. If it's more than that, he's got to go to the lieutenant. We didn't have no captain up in Gallup then. Only a lieutenant. Morris Candelaria. The lieutenant might have to get permission from another district commander, or even from headquarters in Santa Fe, depending.‖

―How long do you think it would take in a case like this?‖

―Well, I don't know for sure. I was busy with other things on my mind.‖
―Care to venture a guess?‖
―I know that Colonel Scarberry said in the newspaper that we had roadblocks up in every direction within 20 minutes of my call.‖
―Object,‖ Wilcoxson said. ―Hearsay.‖
―Sustained. Strike it from the record.‖
―I have no other questions, your honor.‖
―Redirect, your honor.‖
―Proceed.‖
―Officer McGee, in your opinion as a lawman, and based on your experience, would you say this case was handled differently than any other major criminal investigation conducted by the New Mexico State Police?‖
―No sir. Seemed pretty standard to me.‖
―That's all I have, your honor. I'd like to call State Police officer Virgil Valverde.‖
Virgil Vee took the stand carrying a thick manila file folder. Sworn in, he took his seat.
―As a criminal investigator for the New Mexico State Police,‖ Wilcoxson began, ―you were dispatched to the scene of two murders in Budville on the evening of November 18, 1967, weren't you?‖
―Yes sir.‖
―Tell the court when you arrived and what you did.‖
―It was close to midnight when I got out there. Captain Torrez assigned me to work with Agent Spurlock and we spent the better part of the night processing the crime scene.‖
―What is involved in processing a crime scene?‖
―Measurements. Diagrams. Locating and identifying physical evidence, and processing it. Lifting fingerprints. Taking photographs of the scene and the environs of it.‖
―And did you and Agent Spurlock take pictures of the scene?‖
―Yes sir.‖
―Do you have them with you?‖
―I do.‖ Virgil opened the file on his lap and removed a stack of eight by ten, color, photographs. He handed them to Wilcoxson.
―Your honor, I'd like to have these photos marked as state's exhibit....‖
―Objection, your honor. I‘d certainly want a chance to look them over first.‖
―You haven‘t seen these photos, Mr. Pratt?‖
―I don't think so, your honor. All I have are a couple of Polaroid's and a half dozen, out of focus, black and white, eight by tens.‖
Wilcoxson handed the photos to Pratt.
―I've never seen these before, your honor, and I certainly object to their admission. I'd request we discuss the matter outside the presence of the jury.‖
―Bailiff, escort the jury to the jury room. See to it they have plenty of hot coffee. We won't be long.‖ The jury filed out. ―What is it, Mr. Pratt?‖
―As I said, your honor, I've not had access to these photos before today. So much for full disclosure on the part of the state's attorney.‖
―Mr. Wilcoxson?‖
―Mr. Pratt never requested any photographs. He, and his investigator requested reports, and my office provided reports. But even so, these photos only became known to my office within the last seventytwo hours. They‘d been stashed in a box of Agent Spurlock's case files. As you may or may not know, there have been some problems with Agent Spurlock.‖
―I'll let it go on that basis, but I don't want any more surprises, Mr. Wilcoxson. I ordered you to make your entire file on this case available to the defense and you‘d better have complied. Now then, what's your objection to the photos, Mr. Pratt?‖
―Blood and gore, your honor. We've stipulated to the nature of the crimes. These photos would only serve to inflame the jury, and to no good purpose.‖
―Let me see them.‖ Judge Ziram looked at each carefully. A frown creased his brow. ―I'm inclined to agree, Mr. Pratt. Mr. Wilcoxson, these photos don't contribute anything of evidentiary value. I'm going to sustain the objection. Bailiff, we'll be in recess for ten minutes so the jury can finish their coffee, then bring them back in.‖ Ziram disappeared through a door to his left, into an office provided for visiting jurists.
―Low-blow, Don, trying to sneak those pictures in on me like that. What other surprises can I expect?‖
Wilcoxson took a red pack of non-filter cigarettes from his shirt pocket, shook one free and put it in his mouth. ―I'm gonna see that son-of-a-bitch hangs, Parker.‖ He pointed his finger at Billy Ray like it was a pistol. ―But that shouldn't be any surprise to you.‖ He lit the Pall Mall with a book match and smoke trailed around his head as he walked toward the double swinging doors leading to the hallway.

The panel filed back into the courtroom. Jury members looked happier, individually, than when they left. Pratt wondered at what a brief respite, a cup of coffee and a trip to the restroom could accomplish. Overall he liked the jury: a dairyman, a farmer, a railroad switchman a barber and nine women who identified themselves as housewives not employed outside the home. He scanned their faces as he recalled the questionnaires they‘d filled out. Not one of them held a college degree, and nearly half had not finished high school. Seven Roman Catholics, three Methodists, two Baptists and one who declined to state. Save for one, they were all born in New Mexico, and the odd-man-out had lived forty-five of his fifty years in Los Lunas. Seven were Anglos, five Hispanic and one Negro. These were the kind of people Pratt thought he could relate to; the kind of people who lived decent lives; people who put a high premium on common sense. They wouldn‘t be dazzled by fancy footwork, obvious cleverness and Wilcoxson's brash, dogmatic attitude.

Wilcoxson liked the jury, too. Family people. Hard working and honest. The ADA counted Billy Ray White an anathema to the jury and he didn't think they‘d fall for Pratt's efforts to obfuscate issues and direct attention away from the defendant's guilt. Each and every member of the jury should despise a defendant who represented a way of life alien to each of their own. If they didn‘t hate Billy Ray on Monday, Wilcoxson would see to it they did by Friday.

Vee reassumed his seat on the stand.
―Do you wish to proceed with this witness, Mr. Wilcoxson?‖ ―I have no further questions of him,‖ your honor.
―Mr. Pratt?‖
―Just a few, your honor. Officer Valverde. You were involved in

the investigation from the beginning. Isn‘t that what you said?‖ ―Yes sir.‖
―And how long did you remain involved in the case?‖ ―I've worked on it off and on since it happened.‖
―I see. So you'd be pretty much an expert on it. Would you agree

with that?‖
―I guess so.‖
―Good, good,‖ Pratt said. ―Now, of your own knowledge, as a participant in this investigation, would you tell the court whether or not an individual was arrested and charged with this crime before the current defendant, Mr. White, was arrested.‖

―I object!‖ Wilcoxson shouted, kicking his chair back as he stood. ―Improper cross examination, and....‖
―Mr. Pratt,‖ Judge Ziram interrupted. ―Would you care to explain yourself?‖

―The state's attorney, you honor, introduced Officer Valverde as a criminal investigator, knowledgeable about this case. He opened the door to the defense exploring every aspect of what Officer Valverde knows about it. I think it's fair for the defendant to take advantage of some of Officer Valverde's expertise in making his own case.‖

―I'm going to let you go ahead, Mr. Pratt, but be very careful.

You're on shaky ground here.‖
―Yes sir. Thank you your honor. Now, I think I'd asked ....‖ Vee interrupted. ―There was a previous subject arrested. Yes sir.

Larry Bunting. A navy guy.‖
―And were you involved in that arrest?‖
―No sir. I was off duty at the time.‖
Wilcoxson stood again. ―Then I object that anything officer Valverde says about the alleged other suspect is hearsay. He wasn't even there.‖

―Your honor,‖ Pratt said, ―that‘s hardly the case. Officer Valverde participated in the investigation that cleared Mr. Bunting of any wrongdoing whatsoever, but I won't pursue the matter. I have no further questions of Officer Valverde.‖

―Thank you Mr. Pratt,‖ the judge said, ―for concluding Officer Valverde's testimony. You are excused, Officer Valverde. Who's next, Mr. Wilcoxson?‖

―The state calls Dr. William Howard.‖

A disheveled Bill Howard, cigarette ashes all over the lapels of his unpressed black suit coat, walked to the witness chair and sat down as if he'd done it a hundred times before. The bailiff administered the oath and Wilcoxson asked the preliminary identification questions. Then he asked, ―Dr. Howard, did you conduct autopsies on the murdered bodies of Mr. Bud Rice and Miss Blanche Brown?‖

―Yes I did.‖
―And did you...?‖
―Your honor, the defense questions Mr. Wilcoxson's point. We've

stipulated to the murders. I don't see the need to go into the grim details of postmortem examination.‖
―Mr. Wilcoxson?‖
―Your honor, there is the matter of the murder weapon and it's relationship to the defendant. We will be introducing the gun used in this case and Dr. Howard is an expert in trauma to the human body caused by firearm projectiles. I think he can help connect the defendant to the weapon in question.‖

―You can go ahead along those lines, Mr. Wilcoxson, but don't get off the path.‖
―Yes sir. Now, Dr. Howard, how many times was Bud Rice shot, in your best judgment?‖

―There was extensive damage to the victim's neck so it's hard to say for sure. As few as three times. As many as five times.‖
―And Miss Brown?‖
―Twice. Once in the neck. Once in the thorax, ah, chest. Either would have been fatal.‖
―Are the extensive wounds to the bodies of these two helpless murder victims consistent with wounds caused by a nine-millimeter semiautomatic pistol of European manufacture?‖
―They are. Yes. Quite consistent.‖

―No further questions, your honor. Mr. Pratt can cross.‖

Pratt stood. ―Mr. Wilcoxson says you're an expert on trauma caused by lead slugs, especially those propelled by a firearm. I'm prepared to accept you as an expert. Now. You didn't find any bullets, or bullet fragments, in either body, did you?‖

―No. They all passed completely through.‖

 

―Are the wounds suffered by these victims consistent with those caused by a .38 caliber revolver?‖

―Yes.‖
―Would you say, ‗quite consistent?‘‖
―Well, yes. Quite consistent.‖
―How about a .357 revolver?‖
―Yes, depending on range and type of projectile.‖
―.380 or a .38 super automatic?‖
―Yes.‖
―How about a .45 or a .22 or a .32?‖
―That'd be less likely. Too much damage for a .22. To little for a

.45. Maybe a .32. The Beretta .32 caliber, which is actually a 7.65 millimeter, has a lot of punch. James Bond carried one in Dr. No, before he started using a Walther PPK, also a 7.65 millimeter. Walther‘s a better gun, but the Beretta‘d do the job.‖

―Thank you for that insight, Dr. Howard. Is it correct to say, then, that a wide range of handguns, automatics and revolvers, in a variety of calibers, could have caused the deaths of Bud Rice and Blanche Brown?‖

―Exclusive of any evidence other than the wounds I examined, that would be a correct statement.‖
―Thank you, Dr. Howard. That's all I have, your honor.‖

―Redirect, Mr. Wilcoxson?‖

 

―No, thank you, your honor. The state calls FBI Special Agent

Dwayne Madison.‖
Ever natty in a dark blue three-button suit and vest, he looked more like a banker than a peace officer, Madison took the oath and sat down. Wilcoxson took a handgun out of his briefcase before he began. ―Agent Madison, I show you a nine-millimeter automatic pistol. Have you ever seen it before?‖

―Yes I have. It was delivered to me by State Police officer J. B.

Spurlock on 9 February 1968.‖
―Where did he get it?‖
―My understanding is....‖
―Your honor,‖ Pratt said as he stood, ―in the interest of time. I've

seen the chain of possession on the gun and the state's other physical evidence. I don't expect to have a problem with the introduction of any of it.‖

―Thank you. You want the gun admitted, Mr. Wilcoxson?‖ ―I do.‖
―Fine. Let's get it marked and move along.‖
―Thank you, your honor. Agent Madison, what did Officer Spurlock tell you about the gun?‖

―He said he and other officers recovered it from the ....‖ ―I object, your honor,‖ Pratt said, standing again. ―I note that Officer Spurlock is on the witness list. I'd think he'd be the best one to testify as to what he said.‖
―You intend to call Officer Spurlock, Mr. Wilcoxson?‖
―Yes your honor.‖
―Then I‘ll sustain the objection.‖
―Agent Madison, what did you do with the gun after you took custody of it?‖
―In accordance with Federal Bureau of Investigation procedures, I processed it, packaged it, and sent it, along with other evidence to the Bureau's crime lab at Quantico, Virginia, for tests and comparative analysis. That was done on 10 February 1968.‖ ―What other evidence?‖
―Five spent nine-millimeter shell casings and three metal jacketed slugs, all of which were recovered from the crime scene at Budville either late on the evening of 18 November, or early on the morning of 19 November 1967.‖
―What were the results of the tests?‖
―The five shell casings were definitely fired in that gun.‖ ―Thank you agent Madison. Your witness, Mr. Pratt.‖
―Agent Madison,‖ Pratt said, ―you didn't personally conduct tests on the gun or make comparisons with the cartridges, did you?‖
―No sir, I did not, but as it happens, I am a firearms expert, trained by the Federal Bureau of Investigation. I reviewed the reports and the methodology used and I believe I can attest to the validity of its conclusions.‖
―I‘m impressed, Agent Madison. The defense will accept you as an expert. What about the slugs? You get a match there, too?‖
―They‘re nine millimeter, which is consistent with that gun.‖
―But do the rifling striations on the slugs, I believe you firearms experts call them tool marks, match the rifling in the barrel of the gun the state has introduced into evidence?‖
―Tool marks. Yes. The slugs are badly damaged but striation marks are very similar to the lands and grooves in the gun‘s barrel.‖
―Similar. Let‘s be very specific, Agent Madison. Did tests conducted by the FBI prove conclusively that these three bullets were fired from this gun?‖ Pratt held the gun up by its trigger guard.
―They are consistent with the type weapon entered into evidence in this court.‖
―Agent Madison, please answer the question I asked, and do so with a yes or no. Did tests...?‖
―Not conclusively. No.‖
―I see. So you can't tell this court that any of those three slugs were actually fired from this gun. Is that correct?‖
―I'd have to say that was correct. Yes.‖
―You also couldn't say whether or not any one of those three slugs contributed to the death of either Bud Rice or Blanche Brown, could you?‖
―I couldn't swear to that. No sir.‖
―No blood or tissue or anything found on the bullets?‖
―No.‖
―You have any theories about what became of the other slugs? Seems like five cartridges would produce five slugs, and the pathologist told us it's possible as many as seven shots were fired. What do you think about that?‖
Wilcoxson stood. ―He's not only leading the witness by the hand, your honor, he's asking for speculation.‖
―Your honor,‖ Pratt said. ―He identified himself as a firearms expert. I just hoped he could clear up some blind spots we seem to have here. That‘s all.‖
―You may answer the question, officer.‖
Madison grimaced. He hated being called officer like a common cop. ―I don't have the slightest idea. I didn't process the crime scene and I wouldn't care to second-guess those who did.‖
―Very generous, Agent Madison. Very generous. Now, as a firearms expert, how would you describe this particular weapon? For the record.‖
―I'm not sure I understand what you mean, counselor.‖
―Well, you know, a little history of the weapon, it's design, it's primary use.‖
―Is this necessary, your honor?‖ Wilcoxson said.
―Your honor,‖ Pratt said, ―interpretation of evidence is part and parcel of what we do....‖
―Yes it is, Mr. Pratt. I'll allow it. Go ahead Officer Madison.‖
―Let's see. Can I have the gun, please?‖ Pratt handed it to him and Madison turned it over in his hands several times. ―It was manufactured by Fabrique National, the Belgian National Military Arms Company, as I read, translate, and understand the inscription on the left side of the slide, probably before World War II. It is a ninemillimeter automatic, more correctly a recoil operated semiautomatic, as previously noted.‖
―How many bullets does it hold?‖
―The magazine, I believe, holds eight, maybe nine rounds. With one in the chamber it would hold nine or ten.‖
―You said it's a semiautomatic. As I understand it, Agent Madison, that means that after you cock it and fire the first shot, you can continue shooting by simply pulling the trigger. Is that right?‖
―Yes. As each shot is fired, expanding gasses and recoil force the slide rearward and the empty cartridge is ejected and a live cartridge is loaded into the chamber.‖
―Would you comment on the gun's design?‖
―Well, it's a basic Browning design. John Browning, of course, came up with the first workable design for the semiautomatic pistol and the Belgians manufactured it. Colt Firearms copied it later on with models 1902 .38 ACP and 1911 .45 caliber military sidearm. This particular piece is in poor condition. It has obviously been exposed to the elements. It‘s rusty in places and the bluing is gone in others. The front sight is missing.‖
―Would any of that have kept the gun from firing?‖
―In the condition I received it from Officer Spurlock, it wouldn‘t fire, couldn‘t fire. That was from being in the water for so long. The FBI Lab at Quantico used penetrating oil to free its moving parts so that comparison shots could be fired. There is no reason to believe that it wouldn‘t fire on 18 November 1967, before it was deposited in the Rio Grande.‖ Madison worked the gun‘s mechanism. ―As you can see, its moving parts continue to operate satisfactorily.‖
―I can see that. Yes.‖ Pratt took a drink of water. ―This isn't what would be called a German Luger type pistol, is it?‖
―No.‖ Madison warmed to his subject and happily demonstrated for the jury. ―You can see that empty cartridges are ejected here, from the side of the pistol. The Luger has an elaborate toggle mechanism that ejects spent cartridges from the top of the gun. Besides, the barrel on this weapon is enclosed inside this housing.‖ Madison locked the slide in place and held the gun up and pointed at the exposed barrel. Then he released the catch allowing the mechanism slide forward with a heavy metallic snap, demonstrating how the barrel became concealed. ―The barrel of a Luger is not enclosed.‖
―But both of them,‖ Pratt said, ―this one and a Luger, would shoot nine-millimeter bullets?‖
―Yes, they would. Nine millimeter Parabellum.‖ In all the years Madison had been with the FBI, and the dozens of times he‘d testified in criminal proceedings, he‘d never been less certain of the point being made by a defense attorney than he was by Parker Pratt‘s seemingly irrelevant questions. In the agent‘s mind, no real question existed regarding the gun used to kill Rice and Brown.
―On a different matter, Agent Madison. Of your own professional knowledge, was Bud Rice involved, as a witness, in a Federal drug prosecution in Texas at a time just before he was murdered?‖
―Objection,‖ Wilcoxson said. ―Relevance?‖
―Your honor,‖ Pratt said, ―if Mr. Rice was involved in a drug prosecution, maybe someone else had a motive to shoot him. Just exploring the options.‖
―I'll allow it. You can answer, Officer Madison.‖
―Well, yes. Mr. Rice was a prosecution witness in Federal Court in Fort Worth, Texas, but a very minor one. He only testified to chain of possession of the suspect vehicle that had been used to transport narcotics and which was impounded at Budville.‖
―What became of the vehicle?‖
―As far as I know, it‘s still in Budville. It was searched, the heroin located and removed, and left in impound. It is unlikely that anyone ever claimed it and Mr. Rice may have acquired it for towing and storage charges, but I don‘t know that for sure.‖
―I see. Now, Agent Madison, I understand that the narcotics in question have since disappeared and there was some money allegedly involved. Is that correct?‖
―Objection, your honor. The details of a federal drug prosecution that took place in Fort Worth, Texas, hardly has relevance to this case, even though one of the victims was involved.‖
―You‘re reaching a bit far, Mr. Pratt. Objection sustained.‖
―May we approach the bench, your honor?‖ Pratt asked.
Ziram nodded and the lawyers stood shoulder to shoulder before him.
―Your honor,‖ Pratt said, ―the fact is that the heroin has disappeared and the money was never found, and both relate to a car in the possession of Bud Rice at the time he was killed. I think the defense should be allowed to present those facts as a part of an alternative scenario of what happened in this case.‖
―Your honor…‖ Wilcoxson began.
The judge held up one finger. ―Nice try, Mr. Pratt, but too far afield. You haven‘t produced anything to show a connection between the missing drugs and money, and Mr. Rice. The objection is sustained.‖
―Thank you, your honor,‖ Wilcoxson said as he and Pratt stepped back to their respective tables.
―That's all I have,‖ Pratt said. ―Thank you, Agent Madison.‖
―Any redirect, Mr. Wilcoxson?‖
―One question, your honor. Agent Madison: is it your considered professional opinion that the gun you hold in your hands is the gun that caused the deaths of Bud Rice and Blanche Brown?‖
―Yes. Logic would dictate that it was. Yes.‖
Madison saw Parker Pratt smile, and didn‘t understand why.
―Thank you,‖ Wilcoxson said. ―Your honor, the state would next call Mr. J. B. Spurlock, but in spite of the fact that his subpoena was properly served, I'm advised he's been delayed until tomorrow morning. I was wondering if we might....‖
―It's a little earlier in the day than I like to adjourn, but in light of the fact that this room is still cold enough to deep-freeze peas, we'll call it a day. I'm told extensive work on the furnace will be required, and some of it will be very noisy. We'll hope for the best and meet here again at nine o'clock tomorrow. Jury members are admonished to not discuss this case among themselves, or with their families, and to not read newspapers or listen to radio or television news accounts.‖