Try Try Again Page 14

  Day four of the trial opened to a scene of cold, pouring rain. Even more than usual, Grantwood’s residents were on edge, annoyed, grim. “Despondent” was a word usually reserved for recent suicides, but if it had been in general use, most of the residents of Grantwood, that morning, could have been described as “despondent.”

  The atmosphere in the courtroom was quiet. Breathing could be heard, and it was not happy breathing. Judge DuCasse was late, and fidgeting had begun to break out. Finally she appeared, said nothing about being late.

  She asked Scott Gardner, Chief of Police, City of Grantwood, Pennsylvania, if he felt well enough to testify, and he said he did, Your Honor. She reminded him he was still under oath, and nodded to the prosecutor.

  Gardner was not quite essential to Brent’s case, but a weak performance could put his murder-one plans in jeopardy, he thought. So Brent intended to be very careful when he led Chief Gardner through his testimony.

  First, Gardner’s qualifications were established: Chief for four years, now. Made so many arrests, never run afoul of the town council, stuck to his assigned budget, commendations at the State level. And then backwards: Two tours in Iraq, B.S. in military science, no not West Point but the curriculum was pretty similar, y’know? Attended high school in Grantwood, grew up in Grantwood. Baptized. Church every Sunday. Dad had been a cop too, a real inspiration: wounded three times.

  The Chief’s utter credibility having been confirmed, questions began. Brent quickly established that Gardner was on the platform with the late Congressman that day, proud to stand beside him, had assigned himself the duty of protecting the candidate. Barnes’ regular security man, Jerry Sullivan, was there too. They had briefly coordinated before the Congressman appeared.

  The court stenographer documented the following testimony, which was later reviewed by Brent and Liv and agreed to be essentially correct:

  NIELSEN: Officer Gardner, everyone appreciates your courage and resourcefulness that day, and your valiant bravery in having sustained a wound in the service of justice.

  GARDNER: OK. That’s, Chief Gardner.

  NIELSEN: Chief Gardner, I have just a few questions for you. We’re going to review the events surrounding this crime from your point of view – a privileged point of view because you were not only close to the victim and the shooter, but because your training, experience, and expertise makes you a more reliable witness than the ordinary citizen.

  SAUNDERS: Objection!

  JUDGE DuCASSE: Overruled.

  GARDNER: Thank you. You’re right. I’m trained to see things ordinary citizens might miss.

  NIELSEN: Where were you standing, Chief Gardner, when Congressman Barnes – the deceased – was speaking to the crowd?

  GARDNER: Ah, maybe six feet. Pretty close, scanning the crowd y’know, like I’m s’posed to.

  NIELSEN: And were you behind him, or beside him, or where?

  GARDNER: To his right and a little back. Maybe halfway between beside him and in back of him.

  NIELSEN: Now, when Congressman Barnes was stepping down from the platform, where were you and what were you doing then?

  GARDNER: I followed him right down the steps, right behind him. The steps was pretty shaky, but he made it down OK and so did I.

  NIELSEN: And where was Mr. Sullivan at that time?

  GARDNER: He came right down those steps behind me. I glanced back and saw him there.

  NIELSEN: Now please describe what Congressman Barnes did when he got to the bottom of the steps, and what you did.

  GARDNER: [no response]

  NIELSEN: I mean, did he turn and start walking, or stand and wave, or what?

  GARDNER: I guess – I mean, as I remember, he raised his hands over his head and put them together, you know, like a boxer? And shook them. Then he turned left. His assistants – I guess they were his assistants, had formed a line between the deceased and his campaign bus. Kinda like a rope line, only there weren’t no rope. Then, well, the Congressman’s aide, Maureen Harman that is, Ms. Harman went down the steps right ahead of him, kind of like a fullback, y’know? cause she’s kinda big. She was clearing a path back to his bus. She was pushing on and not looking back, but Barnes stopped to shake hands and hug people and all that, everyone who came up to him, so I could see it was gonna take a long time to get him to that bus.

  NIELSEN: And then?

  GARDNER: Well, he continued on towards the bus, shaking hands with people on the way, and one or two hugs. Older women, mostly. I guess he didn’t want to …

  NIELSEN: Thank you, officer. Chief. Now where were you in relation to him right then?

  GARDNER: Ah, I was right behind him, maybe five feet, scanning the crowd y’know, like I’m s’posed to.

  NIELSEN: And where was Mr. Sullivan?

  GARDNER: He came right down those steps behind me. I glanced back and saw him there.

  NIELSEN: Being right behind the Congressman, then, you couldn’t see who or what was in front of him?

  GARDNER: No, just Ms. Harman, her behind, I mean him behind her coupla feet and she was to one side a little so I could see her.

  NIELSEN: But the defendant wasn’t in front of the Congressman, was he?

  GARDNER: At that point? I hadn’t noticed him then.

  NIELSEN: All right. And then what?

  GARDNER: Mr. Barnes continued on through the crowd, very slowly y’know. About three or four people had shook the deceased’s hand, and he’d hugged a couple of old – I mean mature – women. That’s about the time I first spotted Mr. Dukes.

  NIELSEN: The defendant.

  GARDNER: Yes, right. Then the next person waiting for Mr. Barnes to shake his hand was the defendant. Not that he was the defendant at the time, a’course, but he would be…

  NIELSEN: You can skip that aspect, Chief.

  GARDNER: Sure. Well, he was a little ahead of the deceased and off to the side, so I got a good look at him, saw he was the next handshake.

  NIELSEN: What did you observe then?

  GARDNER: A man – the defendant - came toward the deceased from the side and stretched out his left hand. I thought that was funny, funny-odd I mean, maybe he was a cripple or something – disabled we’re supposed to say now, I guess, and couldn’t use his right hand. The hand I could see, the left hand that is, was shaking pretty bad. I thought then, he looked like an ordinary guy. Like a mill-worker or a warehouseman or something. But he looked real nervous, and so I got alerted.

  And then the deceased, he reached out to shake the man’s – the defendant’s – hand and I could see, having a side view of the deceased, he was a little confused about how to shake hands with a man who didn’t have the use of his right hand, who was handicapped I mean, or disabled rather, or something. Maybe he’d lost the use of his right hand in some accident in that mill or in the warehouse, maybe a shipping carton dropped on him or over in Iraq since he was about my age, or somethin’ else.

  But the deceased went ahead anyway and reached out with his right hand toward the other man’s - the defendant’s – left hand, and then the man – the defendant - pulled his right hand out of his pocket and there was a gun – he was holding a gun – it was shaking - and he pointed it at the deceased.

  NIELSEN: Now just about how far was the Congressman from this outstretched hand, and how far were you from it, and did you have a clear view of the man?

  GARDNER: Yeah. The deceased was just a coupla feet from the defendant, reaching out to him. I was maybe twelve feet away from the deceased, to the side, so I was about fifteen feet away from him, at an angle.

  NIELSEN: By “him” you mean the man who had his left hand out.

  GARDNER: That’s right.

  NIELSEN: And then what?

  GARDNER: That guy… [nodding toward the defense table] …

  NIELSEN: Do you mean the defendant, Charley Wayne Dukes?

  GARDNER: Yes, sir. I do.

  NIELSEN: Please go on, Chief Gardner.

  GARDNER: Well, I was standing beh
ind the deceased and the defendant there, he was off to one side, at an angle. So I could see him real well. That guy, I mean, the defendant. He pulled a gun out of his jacket pocket with his right hand and shot the deceased.

  SAUNDERS: Objection.

  JUDGE DuCASSE: Sustained. Strike that last item.

  GARDNER: OK, shot in the direction of where the deceased was, it seemed to me that’s where the gun was pointed. And then I saw the defendant pull his left hand back towards him and pull his right hand out of a pocket and he had a gun and started shooting.

  NIELSEN: And what did you think then?

  GARDNER: Well I thought, oh shit! That was about what I was thinking. And then I thought I must of done a crappy job protecting the deceased – and then saw the man pull the trigger again. Yes, I really saw that, you usually don’t actually see that kind of thing, and I had my hand in the air like I was gesturing him to stop and the gun jerked up and I felt this awful pain in my right hand and I knew I’d been shot, and in about three seconds there would be more awful pain, and y’know I’m right handed and I wear my weapon on that side and so I was just SOL helpless, couldn’t help the deceased at all, he would be deceased right after that, but at least that shot that hit my hand hadn’t hit the Congressman.

  But then the man – the defendant – he shot again and the deceased’s shoulder jerked back, and he – the deceased I mean – had blood on him and spurting up into his face and he just had his mouth open like he was surprised, which I guess he sure to hell was.

  NIELSEN: Go on, please.

  GARDNER: Then the deceased staggered a little, I could see blood coming up from his shirt and I thought; that SOB has shot the Congressman I was supposed to be protecting. Then I was reaching for my gun but couldn’t pull it out, having been shot in the hand, I mean. I heard more shots – things were confusing and people had started screaming and I’d been hit, y’know? So I went for the assailant although I couldn’t use my right hand anymore and couldn’t draw my weapon.

  NIELSEN: Then what did you see?

  GARDNER: The deceased he fell back a little and the defendant he held the gun like he didn’t know what to do next, I guess because he’d missed a fatal shot twice, and then he fired once or twice again, maybe more, and the deceased was really hit bad then, and began to slouch forward and the defendant turned – he still had the gun in his hand – and was running, pushing his way out of the crowd.

  NIELSEN: And then?

  GARDNER: And then, I thought about Jerry Sullivan right behind me, and he was probably pulling his weapon out right then, and I was in the line of fire and what the hell would I do now? I’d never worked with him before and as I said, he was right behind me. So I waved my hand like this, with my hurt hand I mean, [demonstrates] so he wouldn’t fire, not only for my safety, but there were a lot of people around, y’know? Citizens. Too reckless to take a shot right then. The killer – the defendant, I mean – he’d turned and started running, like I said, so he wasn’t an immediate threat. But I thought we could take him once he was past the crowd, away from any citizens. We could shoot him down then.

  NIELSEN: Just a few more questions, Chief. Related to what you’ve just testified, did you or anyone else try to stop the defendant while he was fleeing?

  GARDNER: It took me a second to react, and by that time the assailant had turned and started running away through the crowd, waving his gun and pushing people out of his way.

  I saw one old man – senior citizen I mean – don’t know who it was – try to wrestle with the defendant, but the defendant just pushed him away without breaking his run, and kept going. I tried to get my weapon out with my left hand and finally did that – the defendant was past the crowd and I thought I might be lucky enough to wing him or something, but by the time I got ready he was just turning the corner of that building, y’know, the Morton Building, the one just east of the parking lot, and I was trying to use the wrong hand anyway, so I couldn’t get one off. And then I turned back and saw the Congressman had been hit in the chest, not just in the shoulder, and he was leaning over, falling, with that awful look on his face.

  NIELSEN: And how many shots were fired all together? Please tell the jury, shot by shot.

  GARDNER: Ummm. Well, I’m not sure which shot went where or how many there were, those buildings around the parking lot, y’know, the sound really bounces around, and sounds like more shots than there were, but the first shot I knew, that one hit my hand, her [holding up bandaged right hand]. When I was reaching for my weapon.

  NIELSEN: So the gunman did some kind of Lone Ranger trick, shooting the hand that was reaching for the gun?

  JUDGE DuCASSE: Careful, Mr. Nielsen.

  NIELSEN: Sorry, your honor. Chief Gardner, let’s hold the matter of the accuracy of that shot in abeyance for now. Now what about the second shot?

  GARDNER: The second shot, you know it might have been the second or third shot or whatever because everything happened so fast, well, the second shot hit Congressman Barnes in the shoulder. He staggered back and a spurt of blood came up from his shoulder and hit him in the face, like I said.

  NIELSEN: And what did you deduce from that?

  GARDNER: That the Congressman’s wound wouldn’t be fatal, if he was seen right away by a doctor.

  NIELSEN: You thought that at the time?

  GARDNER: Yes, sir. I’m a trained police officer. Fifteen years on…

  NIELSEN: Thank you. So what happened to the two bullets – the two we’ve been discussing so far?

  GARDNER: Later that day, we found bullet fragments, and two chipped areas in the concrete wall behind the speaker’s platform. Those fragments hadn’t been there before the rally. We’d checked the site all over very careful.

  NIELSEN: So would you say the two bullets, the two first of no one’s quite sure how many, hit you and the one that hit Congressman Barnes in the shoulder, were what you would call “through and through” in both cases, not likely to be fatal?

  GARDNER: Yes sir, I would.

  NIELSEN: Fine. Thank you. Now let’s move on to that third shot.

  GARDNER: OK, shoot. Ah – sorry.”

  NIELSEN: Where did that third shot go?

  GARDNER: Well I guess it was the third shot, y’know. Anyway, I couldn’t tell at first, but I heard the shot and then the deceased staggered back and fell, and later we confirmed he’d been hit in the chest. That’s when we went and gave him first aid and there was one or two doctors showed up out of the crowd, but the Congressman was already dead.

  NIELSEN: And there were no fragments from that bullet?

  GARDNER: The M.E. told me the bullet had fragmented in the deceased’s spinal cord after passing through his heart, although enough was left that we could tell it was the same caliber as the rest of the shots. Those we found, anyway.

  JUDGE DuCASSE [to DEFENSE] Counselor?

  SAUNDERS: Not in contention, your honor.

  JUDGE DuCASSE: Thank you. Proceed, Mr. Nielsen.

  NIELSEN: And the next shot, if there was a next shot?

  GARDNER: We never found a bullet. Pretty much, it had to have been wild or it would of hit something we’d find.

  NIELSEN: And that next shot come from where, to the best of your knowledge?

  GARDNER: I figured that shot must have of been the defendant’s, ’cause neither me or Jerry ever fired our weapons.

  NIELSEN: And did you immediately begin to conduct an investigation of the incident, officer?

  GARDNER: Chief. Yeah, it’s part of my job. Some investigators from D.C. and Harrisburg were there too within an hour or two and they pretty much took over, that is, we worked together on the investigation. I’d sealed off the site, wouldn’t let anyone come close except a doctor until the investigators got there – there were two or three doctors in the crowd – but they said he was dead, like I said before.

  NIELSEN: And what did your team of investigators find? How could the assailant have missed three out of four or perhaps more shots when he was tha
t close? That is, two of his shots wounded people but only the third hit a vital place in the victim and the fourth and maybe fifth and so on didn’t hit anything?

  GARDNER: As I said, I saw his left hand shaking and I’d suppose his right hand would be shaking too, and his aim wouldn’t be so good.

  SAUNDERS: Objection.

  JUDGE DuCASSE: Sustained.

  NIELSEN: Now, did you get a look at the assailant, especially his face? A good look.

  GARDNER: Yes I did.

  NIELSEN: And is the assailant in this courtroom today.

  GARDNER: Yes he is. He’s the man right over there. [pointing]

  NIELSEN: You’re indicating Charley Wayne Barnes, seated at the defense table?

  GARDNER: Yes, sir. That’s him.

  NIELSEN: Thank you, Chief Gardner. You’re a real hero, and very brave. No more questions.

  GARDNER: Thank you. That’s what we’re trained to be.

  NIELSEN: Your witness.

  [DEFENSE rises]

  SAUNDERS: Chief Gardner, isn’t it unusual for a chief to assign himself to this duty? A routine security detail?

  GARDNER: Yes, it is.

  SAUNDERS: Can you elaborate?

  GARDNER: Ezra Barnes was from our city here, and I’d met him a few times and liked him. And he was running for the Senate, you know, statewide not just our little neck of the woods. So it was real important to get him the best possible security. So that’s why I assigned myself, having more experience and so on. And Barnes had his own security guy there too, Jerry Sullivan.

  SAUNDERS: Are you sure you’ve identified the right man as the shooter? Absolutely certain?

  GARDNER: Yes, ma’am. That him. I’m sure of it.

  SAUNDERS: No further questions.

  Day four of the trial continued with closing arguments. Neither Liv nor Brent said anything new, basically repeating their opening statements. They did, however, emphasize their views of an appropriate verdict, and an appropriate punishment, both assuming Charley would be found guilty of – something.

  Brent pushed hard for murder in the first degree, and the death penalty. Here was a self-confessed killer with no motive that could make sense, no grievance against a Congressman with an outstanding past and a very promising future. A wanton act of murder, even of terrorism, obviously planned well in advance. And the accused had confessed, over and over, and numerous witnesses saw him fire and so on and so forth.