Executioner's Song, The - Norman Mailer [187]
The fourth witness, Dr. Morrison, was the Deputy Chief Medical Examiner of Utah, and had performed the autopsy on Benny Bushnell. Dr. Morrison testified that the absence of powder burns on the surface of Bushnells skin dictated that the murder weapon had been put in direct contact with his head.
Esplin had to make some attempt to discredit him.
MR. ESPLIN At the time that you examined the decedent did you examine the weapon that was allegedly used in the commission of this offense?
DR. MORRISON No, sir . . .
MR. ESPLIN And I take it at the time that you examined the decedent, you did not know the type of ammunition that was used?
DR. MORRISON That's correct.
MR. ESPLIN And yet you say these things were all things which do make a difference in making your determination?
DR. MORRISON They could make a difference . . . In this particular case, in my opinion, it did not make a difference . . . I did not feel that the type of ammunition or the specific type of weapon would enter into or present a problem as far as the determination went. However, I was informed at the time I did the autopsy the weapon was a handgun.
MR. ESPLIN But you didn't examine it?
DR. MORRISON But I did not examine the weapon? No, sir.
The defense had to gamble. If nothing else, the vigor of Esplin's cross-examination could confuse the Jury. So, even as Dr. Morrison was saying that he did not need to know the gun nor the ammunition since, in this case, neither affected the result, so Esplin gained the admission that Dr. Morrison had not examined the weapon. That might bother some of the panel.
Martin Ontiveros came next and established that Gary had left his truck at the service station two blocks from the motel and went away for half an hour. When he returned, Gary had blood on his left hand.
Ned Lee, a patrolman, had found the gun by retracing Gilmore's trail of blood from the service station to the bushes. "Anything liquid has a tendency to flow in the direction you are traveling," he said, so he had been able to determine that Gilmore's movements had been from the place in the bush where the gun was hidden on eastward to Fulmer's gas station. Again, there was little for the defense to do with his testimony.
Detective William Brown received the cartridge case and gun from Patrolman Lee and had them photographed in the position they were discovered. Wootton offered the photograph as Exhibit Three.
MR. ESPLIN Officer Brown, did you take that photograph?
OFFICER BROWN No, sir.
MR. ESPLIN Do you know who took it?
OFFICER BROWN No, sir. I don't.
MR. ESPLIN We object, Your Honor, Improper foundation.
MR. WOOTTON I've laid a foundation. Your Honor, I don't have to establish when or under what circumstances it was taken. All I've got to establish is he was looking at the bush and he looked at the photo and it's the same.
Still, it was a small gain. One more exhibit slightly tainted. You never knew when a few small gains could contribute to the final effect.
MR. ESPLIN You did dust the weapon for fingerprints, is that correct?
OFFICER BROWN Yes, sir.
MR. ESPLIN Did you find any prints?
OFFICER BROWN I found one.
MR. ESPLIN Did you transmit that to the FBI laboratory?
OFFICER BROWN I did . . .
MR. ESPLIN What were those results?
OFFICER BROWN They needed a better comparison.
MR. ESPLIN In other words they couldn't make a determination?
OFFICER BROWN Right.
MR. ESPLIN No further questions.
When Gerald Nielsen came on, Wootton did not ask him about the confession. Nielsen merely testified to the existence of a fresh gunshot wound on Gilmore's left hand at the time he was arrested.
Gerald F. Wilkes, a Special Agent with the FBI, was an expert on ballistics.
MR. WOOTTON Would you tell the Jury, please, what your conclusions were?
MR. WILKES Based on my examination of these two cartridges, I was able to determine that both cartridge cases were fired with