Bloodville

by Don Bullis

  ―Was it still loaded when you found it?‖

  ―Yes. They was a round in the chamber and at least one in the magazine. The way the clip is made, you can only see one cartridge.‖

  ―Thank you. Now, Agent Spurlock, you said you were case agent. Is that right?‖

  ―Yes sir.‖

  ―And that means you were in charge of the investigation?‖

  ―Well, yes, but this was kind of a different deal.‖

  ―How do you mean?‖

  ―Deputy Chief Scarberry was there in Budville. I guess you‘d say he was in charge at the crime scene. I surely was not.‖

  ―But you processed the scene. Isn‘t that correct?‖

  ―Here we go again, your honor. I object.‖ Wilcoxson said.

  ―Yes,‖ Pratt said, ―here we go again. I think it‘s entirely appropriate for the defense to probe the depths of what Officer Spurlock knows about this case, and how the investigation was conducted.‖

  ―Objection is overruled. You may answer, officer.‖

  ―Yes. Me and Officer Valverde did most of the work.‖

  ―Did either of you examine the bodies?‖

  ―They were gone before I got there. I never saw them out at Budville a‘tall.‖

  ―Is that normally the way things are done?‖

  ―No. Normally the case agent will take photos, bag the victims‘ hands, orient the bodies to other evidence and then supervise the removal of the bodies. Like I said. This was a different kind of deal.‖

  ―Who ordered removal of the bodies?‖

  ―Chief Scarberry, I guess.‖

  ―So the bodies were never processed for evidence?‖ Pratt talked to Doc as if the two of them were engaged in earnest conversation.

  ―I took scrapings from behind the fingernails. Then they were autopsied.‖

  ―Anything in the scrapings?‖

  ―Dirt. That‘s all. We look for tissue and fibers or hairs. There wasn‘t none present with either victim.‖

  ―Ok. Now, did you attempt to locate fingerprints at the scene?‖ ―Agent Valverde and I did. We dusted every surface we could.‖ ―And did you find any fingerprints?‖

  ―About four dozen of them.‖

  ―And to whom did those prints belong?‖

  ―Bud and Flossie Rice, Nettie Buckley, Blanche Brown, Charlie Scarberry, Troy McGee, and a whole bunch more we never identified as belongin‘ to anyone in particular.‖

  ―So, of those you associated with known people, all of them had legitimate reason for being there?‖

  ―Yes sir.‖

  ―Did you send the rest to the FBI for comparisons.‖

  ―Yes sir.‖

  ―And none were identified as being those of Billy Ray White.‖

  ―That‘s right.‖

  ―As a matter of curiosity, Officer, you said you dusted for prints. Did you use any other method to develop fingerprints? Iodine fuming? Ninhydrin?‖

  ―No we didn‘t.‖

  ―Why not? The technology is now available....‖

  ―Because the State Police don‘t believe in it. I asked for the money to make my own iodine fuming rig a few years back and Charlie Scarberry told me I didn‘t amount to much as a criminal agent if I couldn‘t lift all the prints I needed with good old black powder. I didn‘t ask agin.‖

  ―I see. Now then. As case agent, you were certainly aware that a subject was previously arrested and charged with this crime. Is that correct?‖

  ―Yes. Larry Bunting was arrested on the evenin‘ of the 19th at a roadblock just east of Grants.‖

  Wilcoxson started to stand, but seemed to think better of making the objection. He settled back into his chair, a pained look on his face.

  ―Upon what basis was he arrested?‖ Pratt asked.

  ―I understand that Mrs. Rice identified him.‖

  ―But you weren't there at the time.‖

  ―No.‖

  ―And what did you do subsequent to the arrest of Larry Bunting, officially speaking?‖

  ―He claimed an alibi. I was assigned by Captain Torrez to check it out, which I did yet that same week. Thanksgiving week.‖

  ―And what was the result of your investigation into Mr. Bunting's alibi?‖

  ―I located witnesses that said Bunting was in Albuquerque at the time the killings took place in Budville. On top of that, there wasn't any physical evidence at all that connected Bunting to the murders.‖

  ―How long was Mr. Bunting held in custody?‖

  ―I believe it was around seventeen or eighteen days.‖

  ―But he was cleared of all charges and released.‖

  ―Yes, over the objections of some high-ranking State Police officers, Don Wilcoxson dropped the charges.‖

  ―What high-ranking State Police officers?‖

  ―This whole line of cross examination is completely irrelevant,‖ Wilcoxson said, getting half way to his feet, ―but that last question takes the cake.‖

  ―Sustained. Get back on track, Mr. Pratt.‖

  ―Yes sir. You said, officer, that no physical evidence connected Larry Bunting to the crime scene. Is there physical evidence which connects Billy Ray White to the scene?‖

  ―Not that I know of. No.‖

  ―Now, officer Spurlock, according to one of your early reports, you found more than six hundred dollars in cash in Bud Rice's possessions after his death. Is that correct?‖

  ―Yes, it is.‖

  ―Do you, based on your long experience, have any idea at all why the robber would not have taken that money?‖

  ―No sir I don't.‖

  ―Do you, based on your long experience, have any idea why a man who had just killed two people, would leave two witnesses, Flossie Rice and Nettie Buckley, alive, when he clearly had the ability to kill them?‖

  Wilcoxson stood. ―Calls for pure speculation, your honor. The witness can‘t know what was on the mind of another person.‖

  ―Officer Spurlock is an experienced policeman. Counsel is asking for comment based on that experience. I'll allow it. You may answer, officer.‖

  ―No sir I don‘t have no idea at all.‖

  ―Now, in your reports, you indicate that you personally drove Mrs. Rice from Budville to Albuquerque for the purpose of undergoing psychological counseling and hypnosis. Is that correct?‖

  ―Yes, it is. I'd need to check my notes, but I believe it was six or seven times. I took her to see Doctor McArthur and Sol Gold up in Albuquerque. Medical Arts Square just off Lomas Boulevard.‖

  ―What gave you the idea to take Mrs. Rice and Nettie Buckley to this kind of treatment in the first place?‖

  ―It wasn't no idea of mine. I thought the whole thing was purely sheep-dip.‖

  ―I don't understand, officer,‖ Pratt said, ―I though you were the one that....‖

  ―Objection, your honor. Not relevant,‖ Wilcoxson said.

  ―Your honor,‖ Pratt said before the judge could speak, ―it's relevant to the way this case has been handled by the prosecution from the very beginning. As I recall it, you and I both, your honor, were led to believe at the motions hearing that Officer Spurlock was solely responsible for the hypnosis. In fact, Mrs. Rice testified that it was officer Spurlock's idea. If he wasn't responsible for this unorthodox procedure, I certainly think it is relevant that we know who was.‖

  ―Your recollection and mine are the same. The objection is overruled.‖

  ―Whose idea was it, officer Spurlock?‖ Pratt asked.

  ―Captain Mat Torrez told me to tell Flossie Rice it was my idea, but he said Assistant District Attorney Don Wilcoxson ordered it.‖

  ―This is hearsay on hearsay, your honor, and I object to it.‖

  ―Your objection is noted,‖ Judge Ziram said with a hard edge to his voice. ―Bailiff, please remove the jury. Now,‖ he said after the jury left, ―Officer Spurlock, is it your testimony that Captain Torrez told you to represent to Mrs. Rice that she undergo hypnosis, at your suggestion, when in fact it was
done at the order of Mr. Wilcoxson?‖

  ―Yes sir. That‘s what Captain Torrez told me.‖

  ―It's convenient to Mr. Spurlock, your honor,‖ Wilcoxson said, ―that Mat Torrez is dead and can't set the record straight.‖

  ―That cuts both ways,‖ the judge said. ―Now, Mr. Wilcoxson, I ask: did you order Mrs. Rice to undergo psychiatric treatment and hypnotic therapy?‖

  A degree of self-assurance abandoned Wilcoxson. ―Captain Torrez and I discussed the possibility and usefulness of that kind of treatment, but I don't recall....‖

  ―We're at a stand-off here. Neither side can prove the point.‖ Judge Ziram took a drink of water. ―Mr. Wilcoxson, I don't like this one iota. I‘m aware of your reputation for hard charging, for taking short cuts with the judicial process. I overlooked your failure to provide the defense with a complete investigative file, and I won't belabor the point, but I will tell you that you are within a hair's breadth of a mistrial and a letter to the Bar Association.‖

  ―Your honor, I....‖

  ―You know where you stand, Mr. Wilcoxson. A hair‘s breadth. Bailiff, bring the jury back in.‖

  The jury members shuffled into their seats.

  ―Ladies and gentlemen,‖ Judge Ziram said to the jury, ―I think I understand how annoying and frustrating it is for you to be removed from the courtroom from time to time. I'd like to take a minute to tell you why it happens. First, you should know that I am the only one who can ask you as a group to be removed and you should not attach any significance to it, no matter which attorney it may seem to relate to. Second, you should know that no information about this case is being kept from you. What is being discussed are procedural matters that have no direct bearing on the facts in this case. These matters have to do with what information may be properly presented to you. Your patience in dealing with the inconvenience is appreciated by the court.‖ He leaned back in his chair. ―You may proceed, Mr. Pratt.‖

  ―Officer Spurlock, were you present during these sessions between Dr. McArthur, Sol Gold and Flossie Rice?‖

  ―Yes, I was. My orders was to observe everything that went on and write reports on it.‖

  ―Did you observe Mrs. Rice being placed in hypnotic trance?‖

  ―I can't say I did. 'Course, I don't know hypnosis from hydrophobia. Seemed to me they just talked to each other, back and forth.‖

  ―Thank you, officer.‖ Pratt walked back to the defense table and picked up a yellow legal pad. ―Did you ever determine, officer, during the course of your investigation, the amount of any life insurance in force on either Bud Rice or Blanche Brown?‖

  ―Objection. Mr. Pratt has no basis for that question.‖

  ―It's a fairly standard question in homicide investigations, I believe, your honor. I just wondered if the question was asked.‖

  ―I wonder, too. Objection overruled.‖

  ―No, we didn't ask, far's I know.‖ Spurlock said.

  ―Why not?‖

  The officer hesitated. ―Because if we‘d asked it, Chief Scarberry would of fired somebody.‖

  ―I don't understand,‖ Pratt said.

  ―Your honor, this seems a bit far afield.‖

  ―You've taken that far enough, Mr. Pratt. Move on.‖

  ―Just one more question, your honor. Officer Spurlock, under direct examination, you said you processed what was left of the physical evidence. What did you mean by ‗what was left?‘‖

  ―By the time I got there and went to work on crime scene, somewheres between fifteen and twenty people had already had access to it. No tellin‘ what was there to begin with.‖

  ―Such as?‖

  Spurlock stared at Wilcoxson. ―Well, I believe at least seven shots were fired. Three hit Bud Rice, two hit Miss Brown, one hit the file cabinet and one made a hole in the wall. Alls we ever found were three slugs and five spent cartridges. That‘s all that was left.‖

  ―Are you suggesting that other officers picked up evidence for souvenirs?‖

  ―Objection,‖ Wilcoxson said, standing. ―Calls for speculation.‖

  ―I‘ll allow it.‖

  ―I‘m not suggestin‘ anything, Mr. Pratt. All I‘m sayin‘ is there should of been those fourteen items of evidence: seven cartridges and seven slugs. What was found amounted to five cartridges and three slugs. So far‘s I know, the other six items was never located. I don‘t know what happened to them.‖

  ―That's all I have, your honor.‖

  ―Redirect, Mr. Wilcoxson?‖

  ―Yes your honor. Officer Spurlock, you took Mrs. Rice's original statement, didn't you, on the morning after the crimes were committed?‖

  ―Yes. It was afternoon, though.‖

  ―During Mrs. Rice's visits to Dr. McArthur and Mr. Gold, did she say anything that contradicted anything she'd said in her original statement?‖

  ―No. It all seemed pretty much the same thing to me.‖

  ―Did she add anything?‖

  ―Not that I recall.‖

  ―Did she seem to omit anything, or leave anything out?‖

  ―I don't think so. It all sounded real familiar.‖

  ―Would it be your testimony that, of your own personal knowledge and experience, you could not say that Mrs. Flossie Rice was ever under a hypnotic trance?‖

  ―I surely couldn't swear that she was.‖

  ―Thank you, Officer Spurlock.‖

  ―You're welcome, Mister Wilcoxson.‖

  ―Thank you officer Spurlock,‖ Judge Ziram said. ―Court stands in recess for fifteen minutes.

  Flossie Rice took the stand right after the morning recess. Wilcoxson led her along in repeating the story she told Spurlock and Torrez on November 19, 1967, and the story she'd repeated to Jon McArthur and Sol Gold. Wilcoxson said he‘d have more questions after the lunch recess.

  In spite of the cold weather, Parker Pratt and John Cook walked four blocks to Gillie Perea's Cafe for a lunch of green chile stew.

  ―How we doing, John, from your detached point of view?‖ Pratt asked after he ordered lunch.

  ―Based on my experience in these matters, it beats the hell out of me, Park. Seems like there's a lot of hokey-pokey going on in there. I got what you're doing with bringing up Bunting, but I'm not sure I get the point about the gun.‖

  ―If you don't, my friend, you have not read Flossie's statement as thoroughly as perhaps you should for the princely sum of five dollars per hour. But don't worry about it. I have a more important chore for you.‖

  Large, steaming, bowls of green chile stew were placed before them and a plate of flour tortillas between them. Cook speared a cube of marinated pork with his fork and quickly consumed it, and then another. He changed utensils and spooned the contents of the bowl into his mouth in short order, and wiped the bowl clean with a tortilla. He waved at the waitress for more.

  ―Might good stuff, Park. Mighty good. I hope you're buying. Now, what chore do you have for me?‖

  ―John, I've heard the expression, ‗inhale one's food,‘ but until today, I didn't think it was possible. How did you do that?‖

  ―Just irritates hell out of me that they bring you those little sissy bowls. I don't understand why they don't bring a man-sized serving in the first place.‖

  ―I'll buy lunch just to watch you do that again.‖ Pratt spooned down a couple mouthfuls of chile. ―This evening, John, after court has adjourned, I want you to go the court reporter's office and tell them you need a transcription of today's testimony just as soon as we can get it. Use your charm. If that fails, tell them we'll subpoena it, and I need it before I begin putting on my own case. Probably late tomorrow or early Thursday.‖

  ―I'll do it, but what are you looking for in there?‖

  ―While Flossie was up there testifying this morning, I had a sense of déjà vu and do you know why?‖

  Cook, working on his second bowl of stew, nodded negatively. ―Because she told the story in the same words, the same sentences, the same order, she used when she f
irst gave her statement to Spurlock. People don't do that. Even if they don't change the facts, they change the way they tell the story, change the order of events, make minor mistakes. I don't think Flossie did any of that. I want to compare her testimony to her statement. If they‘re identical, or nearly so, and I think they will be, it means she memorized what she would say about the events of November 18th. I have to wonder why she bothered. I‘m also wondering what she‘ll do if I get her off her routine during my cross examination.‖

  ―I see your point, Park. I'm having another bowl of chile.‖

  ―By all means, John. By all means.‖

  ―I found Pete Garza, by the by. Said he‘d be here tomorrow.‖ ―Good.‖

  Back on the stand after lunch, Wilcoxson asked Flossie if she could identify the man who shot Bud Rice and Blanche Brown. She pointed directly at Billy Ray White.

  ―That man right there is the man that done it; shot Bud and Miss

  Brown. Killed them. He's the one.‖

  ―Do you have any doubt of that?‖ Wilcoxson asked.

  ―No doubt whatsoever. He's the one.‖

  ―Thank you, Mrs. Rice. Your witness, Mr. Pratt.‖

  Pratt stood slowly, buttoning his coat and smiling pleasantly at

  Flossie. ―Mrs. Rice, you have just identified Mr. Billy Ray White as the man who committed two murders and then robbed your place of business at gun-point. Is that your testimony?‖

  ―Yes sir.‖

  ―But you previously identified another man as the one who committed these crimes. Mr. Larry Bunting. Isn't that correct?‖

  ―No. I only said he resembled him. That's all.‖

  ―When did you first see a photograph of Billy Ray White?‖

  ―The next day. The day after my husband was killed.‖

  ―Who showed it to you?‖

  ―That Albuquerque cop. Mr. Budweiser, Budwister. Something like that.‖

  ―Officer Herman Budwister?‖

  ―Yes.‖

  ―And this was earlier in the day, before you identified Mr. Bunting as the man who committed the crimes. Is that correct?‖

  ―I only said resembled him.‖

  ―Who resembled whom, Mrs. Rice?‖ Pratt took on an intenseness only Wilcoxson had seen before. ―Are you saying Billy Ray White resembled Larry Bunting, or did Bunting resemble Billy Ray? Or did they both resemble some third party who actually did the killing? Who resembled whom, Mrs. Rice?!‖