Executioner's Song, The - Norman Mailer [192]
THE COURT Now and I want you to fully understand that if you do that then you are subject to cross-examination by the State's attorney. Do you understand that?
MR. GILMORE Yes.
THE COURT And you'll be compelled to answer the questions that he asks.
MR. GILMORE Yes.
THE COURT And those questions and your answers may be incriminating to you. Do you understand that?
MR. GILMORE I understand it. You know. I understand all that you are going to say. I understand all that you've said.
MR. SNYDER Your Honor, may I make one other statement?
THE COURT Yes, you may.
MR. SNYDER I want Mr. Gilmore to understand perfectly that Mr. Esplin and I have contacted Dr. Howell, Dr. Crist, Dr. Lebegue, Dr. Woods, we have discussed with them in detail their examination and findings and we have reviewed their entire file at the Utah State Hospital, which is approximately three inches thick. The very best that they really can do is that they will testify that he has a form of mental disorder known as a psychopathic or antisocial behavior. We have discussed that with the defendant. We have told him in our opinion and according to the law that that is not a defense, as far as insanity is concerned. And we have advised the defendant that we have no witnesses that we can call in the line of expert witnesses, doctors, psychiatrists, psychologists who would help the defendant in that regard, and that without that type of expert testimony the Court will not give an instruction even for the Jury to consider on the sanity plea. And I want to make the record clear on that, and I want to advise Mr. Gilmore of those items.
MR. GILMORE I'll withdraw my request. Just go ahead on with it like it was.
THE COURT You what?
MR. GILMORE I withdraw my request to reopen it.
THE COURT You do?
MR. GILMORE Yeah.
THE COURT All right. Will you bring the Jury back in, please? Yes, and the others may come in.
They were bewildered. The defense attorneys, the prosecutor, the Judge, conceivably the defendant himself. It was as if a resignation had come over him as he argued, a gloom, and he now saw the case as Snyder and Esplin had seen it weeks before.
3
On this morning, as Gary was making his statement, Noall Wootton was at a loss to figure it out.
He liked to go at a case as though he were the defense lawyer.
Sometimes it gave him a few inspirations on what the others would be up to. In this situation, he had been looking for the defense to find a better motive for Gilmore than robbery when he went to the City Center Motel. Going, for instance, to get a room, or dropping by to resume a dispute. Maybe Bushnell had once refused to rent to Gilmore because he was intoxicated. In that case, having come in with no intent to rob, he could have shot Bushnell without premeditation.
The robbery would have been an afterthought. That would be Murder Two. Wootton expected such a defense as a matter of course.
He had not really known what he could do to refute it if Gary got on the stand and told a convincing tale.
Only later did Wootton find out that Gary wouldn't cooperate with his lawyers. At this point, he could hardly understand why they had rested, but decided the reason they didn't put Gilmore on the stand had to be his personality. He must have an explosive temper.
So, this morning, as soon as Gary said he wanted to testify, Wootton decided yes, might as well have him there. It could be a way to get in the fact that Gilmore had ordered his victim to lie down, then shot him.
Maybe Gary saw the look in his eye, maybe Gary felt his confidence. Wootton was twice flabbergasted after Gary changed his mind again. It was like dealing with a crazy pony who was off on a gallop at every wind. Then wouldn't move.
Wootton kept his closing statement short. Reviewed what his witnesses had established the day before, laid out the chain of evidence, and put emphasis on the testimony of Dr. Morrison.
"In his opinion," said Wootton, "Benny Bushnell died of a single gunshot wound to the head. But he told you something much more