by Don Bullis
―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 ca
se among themselves, or with their families, and to not read newspapers or listen to radio or television news accounts.‖
CHAPTER II
The furnace remained unrepaired on Tuesday morning but Mr. Jaramillo let the heaters operate the night long. He rewired two old fans in the high ceiling so they could turn, ever so slowly, holding what warm air there was in the lower half of the room. Those efforts resulted in a consistent indoor temperature of sixty degrees.
―A cool morning, your honor,‖ Parker said.
―Yes, Mr. Pratt, quite cool, but we'll manage. Thank you for not moving for dismissal. Are you ready to begin, Mr. Wilcoxson.‖
―Yes sir. Call J. B. Spurlock.‖
Doc wore a dark brown western-cut suit, white shirt with a brown and blue stripped necktie. His black boots were polished to a high military gloss, and he carried a snow-white Stetson hat in his hand. Sworn by the bailiff, he took his seat.
―How are you currently employed, Mr. Spurlock?‖
―New Mexico State Police. Criminal Agent.‖
―In November of 1967 did you have occasion to work on a investigation involving the murders of Bud Rice and Blanche Brown?‖
―I was case agent.‖
―What does that mean? Case agent?‖
―I was pretty much responsible for the investigation. Me and
Agent Virgil Valverde did ninety-nine percent of the work that got done. Detective Herm Budwister of the APD helped until you....‖
―Just answer the question, officer Spurlock. Don't volunteer information not requested.‖
―Whatever you say, Mister Wilcoxson.‖
―Don't get sarcastic with me, sir.‖
Pratt got to his feet. ―Your honor, Mr. Wilcoxson seems to be arguing with his own witness.‖
―Mr. Wilcoxson. Care to respond?‖
―I'm tempted, your honor, to ask permission to treat officer Spurlock as a hostile witness. I'm not sure he wants to cooperate in giving testimony in this case.‖
―Officer Spurlock,‖ Judge Ziram said, ―how would you respond to the state's attorney?‖
―Mr. Wilcoxson‘s jumpin' to conclusions, Judge, just like I seen him do before. I'm a peace officer, and I'm here to testify on this case, and that's what I'll do. I don't have to like Don Wilcoxson in the doin‘ of it. He asks the questions. I'll answer them.‖
―Let's proceed, Mr. Wilcoxson.‖
―Officer Spurlock,‖ Wilcoxson said. ―As case agent, you were responsible for gathering the physical evidence at the scene of the crime. Is that correct?‖
―I processed the crime scene and what was left of the physical evidence. Yes.‖
―What did you do with it?‖
―Your honor,‖ Pratt said, ―I already stipulated to the chain of custody of the physical evidence. I don't think we need to go through it again.‖
―Mr. Wilcoxson?‖
―I was just trying to show, your honor,.... Oh, never mind. I'll just withdraw it.‖ Wilcoxson knitted his brows. He walked to the prosecution table and took a drink of water before he picked up the alleged murder weapon. He walked back to the witness box. ―FBI Agent Madison has testified that you gave him this gun as evidence in this case. Is that correct?‖
―It is. You was there when I give it to him.‖
―Just answer the question I asked.‖
―We'll recess for ten minutes,‖ Ziram said. ―Bailiff, see to the jury's
coffee needs.‖ The jury filed out. ―In my office!‖ Pratt and Wilcoxson followed the judge. Ziram stopped and turned back toward Spurlock. ―You too.‖ The judge didn‘t bother to sit down. ―Now, I don't know what the problem is between you and this witness,‖ he said to the ADA, ―but it doesn't exist in my courtroom.‖ He shifted his attention to Spurlock. ―You will both conduct yourselves in a way that serves the cause of justice or I'll have you in contempt. Both of you. Am I clear?!‖
Both men nodded in the affirmative. Wilcoxson stuffed a cigarette into his mouth and strode purposefully out the door and into the hall as Judge Ziram took off his robe and sat down. Doc walked back into the courtroom. He shook hands with Sheriff Jack Elkins who stood behind Billy Ray White.
―You doin' all right, Sheriff? Been a while.‖
―Doin' good, Doc. Got reelected last fall so I've got me a job for a couple more years. How you been doin'?‖
Billy Ray White stood up a little more quickly than the officers expected and both of the officers reached for their guns. Billy Ray held his hands out in front of him. ―Don't get excited, boys. You get done with your reminiscing, I need to piss. You want to take me to the john, Jack, or is it to the jack, John?‖ White laughed at his own joke.
―How you doin', Billy Ray?‖ Doc asked. ―I ain't seen you since the lineup last fall.‖
―Can't say I'm real happy to see you here, Spurlock,‖ Billy said pleasantly. ―But I guess you got your job to do.‖
Elkins latched a pair of handcuffs into place around Billy Ray's wrists and Doc walked along, down the stairs, to the rest room on the floor below.
―You will notice,‖ Billy Ray said and he winked at Doc as they walked along, ―that Jack cuffed my hands in front of me. He learned after the first time. See, that time he cuffed them in back. When we got to the john, he had to aim my dick at the urinal to keep me from pissing my pants. I kinda liked it, but I guess he didn‘t.‖ Billy laughed again.
―Billy Ray, I never....‖
Doc smiled in spite of himself as they entered the rest room. The officers stood a step back and a step to either side as the defendant relieved himself.
―Anyway,‖ Doc said, ―I‘m lookin‘ for work. You got any openings?‖
―I heard you was lookin‘. No. I ain‘t got a thing. Can‘t hardly afford to pay the three deputies I got.‖
―I was joshin‘, Jack. I think maybe I got somethin‘ lined up down home. Chaves County.‖
―It ain‘t a usual thing for you state cops to quit. This gonna cost you on your retirement?‖
―Don‘t matter. After Wilcoxson got me fired for two weeks last spring, I figure my chances for advancement in the State Police are 'bout good as Billy Ray's chances of becomin' a Baptist preacher. ‗Sides, the wife and I been separated for damn near a year. I‘m ready to get back with her.‖
―You talkin‘ about workin‘ for Sheriff Tom Lord?‖
―Yep.‖
―Good ole boy.‖
―Yeah. Friend of my daddy. He thought he‘d have somethin‘ for me around the first of the year, but it‘s taken this long. You know how county governments work.‖
―Too bad, Doc. Hate to see you go. You was one we could get along with. You know, old Troy McGee, he just barely tolerates us sheriff types, and Charlie Scarberry and Freddy Finch just flat don't like us at all.‖
―Tell me about it. Near‘s I can tell, they don‘t like nobody‖
―You cops think you got it tough,‖ Billy Ray said, ―you should be in my shoes for a while. Hell. Even my friends is gonna come in here and testify against me. You can't count on nothing in this life, and if I lose, I get hung from a tall tree.‖
―That always been your problem, Billy Ray?‖ Doc asked. ―Poor choice of friends?‖
―That,‖ Billy Ray said with a smile, ―and whiskey, drugs, whores, greed and laziness.‖
The two officers and the prisoner returned to the courtroom as the jury filed in. Doc resumed his seat in the witness box.
―Let's get started again,‖ Judge Ziram said and looked sternly at both Wilcoxson and Spurlock.
―Officer Spurlock,‖ Wilcoxson began in his best courtroom manner. ―You gave the alleged murder weapon to FBI Agent Madison for processing. Please tell the court where you got it.‖
―We, myself and several other officers, retrieved it from a clearditch not too far from the Lourdes School in the south valley of Albuquerque on February 9th, 1968.‖
―How did you know where to look for it?‖
―Durin' our investigation we inter
viewed a subject by the name of Joe Cato. He alleged to us that he'd provided a gun to the defendant. He said he was present when the defendant throwed it into the clearditch. Cato went with us to the location and after we searched around for a few hours, by use of a big electromagnet, we found it.‖
―And Mr. Cato confirmed that the gun was the one Billy Ray White threw into the river?‖
―Yes. Clear-ditch.‖
―And this is the gun?‖
―If they's two little notches in the right-hand wood grip, about a third of the way up from the bottom, it'd be the same gun we found in the water.‖
―What do the two notches represent?‖
―I don't have no idea. I just made a note of them in my report for identification purposes.‖
―Ok. Now, how did Mr. Cato say he came into possession of the gun in the first place?‖
―I object, your honor,‖ Pratt said. ―Mr. Wilcoxson is asking for hearsay evidence.‖
―A criminal investigator is allowed to testify as to what he learned in the course of an investigation, Mr. Pratt,‖ Judge Ziram said. ―Your objection is overruled. Answer the question, Officer Spurlock.‖
―Cato said he got the gun from a guy name of Wally Webb. He said he gave, or sold, the gun to Billy Ray Stirling, who is also known as Billy Ray White.‖
―Go on.‖
―Cato said he got the gun from Webb on November 16th, or thereabouts, gave it to White on the 17th or thereabouts; then White used it to do the robbery on the 18th and on the 19th, him, White, and another guy by the name of Dave Sipe, throwed it in the clear-ditch.‖
―What else, if anything, did Joe Cato say about the gun?‖
―Nothing I can remember.‖
―That's all I have your honor.‖
―Mr. Pratt.‖
Parker stood and looked thoughtfully at Doc. ―Officer Spurlock, while we're on the subject of the gun, I want to be clear. This gun, marked as state's evidence, is the gun this Joe Cato said Billy Ray White used to commit the crimes in question. Is that right?‖
―That's right.‖
―And this is the same gun you recovered from the river.‖ ―Clear-ditch. Yes.‖
