Executioner's Song, The - Norman Mailer [188]
Esplin had no recourse but to ask questions that might bring back damaging answers.
MR. ESPLIN Is there a certain number of marks which must be on a particular item of evidence . . . before you are able to say beyond a reasonable doubt that the cartridge was fired by the same gun?
MR. WILKES No, sir. I fix no minimum number of microscopic marks to effect an identification.
MR. ESPLIN Do you have any idea of how many marks, similarities or points of similarity you found between Exhibit No. 12 and the test cartridge which you fired in the laboratory?
MR. WILKES The marks of similarity were contained around the entire circumference of the cartridge case. It's so many microscopic marks in fact that it left no doubt in my mind as to the conclusion I reached.
Peter Arroyo testified to seeing Gary in the motel office.
MR. WOOTTON How far away from him were you at that time?
MR. ARROYO Oh, somewhere near ten feet.
MR. WOOTTON Was he inside the office?
MR. ARROYO Yes.
MR. WOOTTON And you were out in the driveway?
MR. ARROYO Yes.
MR. WOOTTON Did you observe anything in his possession at the time?
MR. ARROYO Yes.
MR. WOOTTON Tell us what you saw.
MR. ARROYO In his right hand he had a pistol with a long barrel. In his left hand he had a cash box from a cash register.
MR. WOOTTON Are you able to describe the pistol for us?
MR. ARROYO Yes.
MR. WOOTTON Tell us how you observed it.
MR. ARROYO He actually stopped when he saw us. I looked right at him, I looked at the gun, and I looked up at his face to see what he was going to do with the gun. I thought he worked in the office and he was fooling around with the gun. I was concerned about that. So I looked right at his eyes. And he just stopped and looked at me. And after a few seconds he turned around and walked back around the counter.
MR. WOOTTON What did you do?
MR. ARROYO We kept on walking right to the car . . .
MR. WOOTTON Mr. Arroyo, do you see the individual in the courtroom now that you observed with the gun and the cash box at that time?
MR. ARROYO Yes.
MR. WOOTTON Would you identify him for the Court and the Jury, please?
MR. ARROYO The man with the red jacket and the green shirt. (Indicating)
MR. WOOTTON Seated at the counsel table opposite me?
MR. ARROYO Yes.
MR. WOOTTON Your Honor, may the record reflect that the witness is identifying the defendant?
THE COURT It may so show.
MR. WOOTTON Your witness.
MR. ESPLIN Sir, could you describe the individual that you observed in the motel office that night?
MR. ARROYO Yes. He appeared to be a little taller than I am.
MR. ESPLIN What other characteristics would you describe?
MR. ARROYO He had a Vandyke-type beard and long hair.
MR. ESPLIN What other distinguishing characteristics do you recall?
MR. ARROYO His eyes.
MR. ESPLIN What do you recall about his eyes?
MR. ARROYO When I looked at his eyes, it's kind of hard to describe. I'd never forget those eyes.
MR. ESPLIN Did you see the color of his eyes?
MR. ARROYO No. Just the look.
Not hard to comprehend what Arroyo meant. Gilmore had been glaring at Wootton throughout the testimony.
After Arroyo stepped down, the prosecution rested its case. Esplin stood up and said the defense would also rest.
THE COURT You do not intend to put on any evidence?
MR. ESPLIN No, Your Honor.
THE COURT Very well. Both sides having rested, then it would be the duty of the Court to instruct the Jury . . . I am ready but it would take half an hour and require us to again go into the evening quite late. My understanding is that there are the great debates on tonight.
The Judge was referring to the second scheduled debate between Jerry Ford and Jimmy Carter.
THE COURT In the interests of everyone I will instruct in the morning rather than tonight and then we'll complete the case tomorrow.
October 6
I just got back from court.
Wow!
I had told you that I didn't expect much from Snyder and Esplin but I was not prepared for the fact that they intended to put up absolutely no defense at all.
To say I was surprised when Esplin rested