AN: Returning to the "present" in the story...
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As MacClure's trial continued, I sat quietly with Officer Jenkins as we both expected that the DA would end up presenting what I had heard to the trial. The future was of course unknown to me, and for the moment, my focus was on the trial. The cashier at the grocery had seemed like an "odd duck" in the way he had reacted to things related to the Animatrix Serum and Molly's and then my transformation. But, given that he was one of the few people that didn't think we needed to be kept behind bars or controlled like a circus animal... or scoot nervously away in fear. The Bengal Tiger in its native range did have the reputation of turning "man-eater", but it was usually the old or lame, the starved, the sick... generally those in no shape to hunt deer, and those tigers didn't have the sentience that Molly and I had not lost. And because of that we didn't think that the fear that many had shown us was unfounded. And since the grocery cashier hadn't shown that fear, neither of us were about do anything to lose that. It would be better then end up creating another "Beauregard".
"The defense calls Dusty MacClure to the stand," the defense attorney announced as they moved into the next portion of the trial.
MacClure moved from the defendant's table to take the witness stand. The bailiff swore him in and the defense lawyer began his official questions as part of the trial.
"Mr. MacClure," the defense lawyer spoke, "what has been your relations with the ranchers of Columbia Falls?"
"I've generally helped all of the ranchers in the area when it comes to controlling the populations of various "vermin" that tunnel underground and threaten to have cattle put down when they trip in the holes and break their legs," MacClure answered, "it's a service I provide for just about every rancher in the area."
"Do you get along with them?" the defense lawyer asked.
"On a professional level," MacClure admitted, "though things have been fairly rough on a personal level."
"So, have you had arguments with other ranchers in the Columbia Falls area before?" the defense attorney asked, "it could be on any subject."
"Yes," MacClure nodded.
"Objection!" the DA called out, "these questions have no relation to the murder to be solved here."
"I am merely trying to establish the folly of the DA's position that my client's temper is a reasonable reason for him to be suspected," the defense attorney explained to Judge Pax.
"Objection overruled," Judge Pax replied.
"Thank you," the defense attorney nodded, "Now, Mr. MacClure, am I right in stating that these previous arguments did not result in murder?"
"No they did not," MacClure nodded.
"And would I also be right in saying that on the night of the murder, this situation repeated itself?" the defense attorney asked, "you had an argument, but you are innocent of the murder."
MacClure nodded.
"Could you explain to the court, your dealings with Joshua Marksman on the night in question?" the defense attorney asked.
"I had gone to Marksman's place in early evening to check some traps I had set a week or so before to deal with some gophers that had been eating the food they've been growing there, no luck in that regard," MacClure explained, "in the process I met with Joshua Marksman. We got to talking and the subject turned to the dealings we had had with Pierre Beauregard."
"The founder of R.A.M.?" the defense attorney asked.
"Yes," MacClure nodded, "the man who betrayed a good many people by stealing their money. I believe he was right about the threat that people like Officer George Wayne pose to humanity, but Beauregard had no right to steal money from his "friends" and those who supported him. Marksman made a series of remarks trying to excuse Beauregard's con-man operation of R.A.M. and it lead to an argument. In the heat of the moment, one of my sidearms, the one the prosecution will present as the murder weapon fell out of my holster. I didn't know it had, and eventually the argument got so heated that I stormed out. I got into my truck and drove back toward my home. I got half way there when I realized I couldn't feel my gun pressing through its holster and into the side of my leg, so I went back and found it lying on the front step. At the time, I guessed that Marksman had left it there."
"You say you didn't know he was dead?" the defense attorney asked.
"Not at that time," MacClure answered.
"That is all that I have, your honor," the defense attorney spoke.
"Does the DA wish to cross examine the witness?" Judge Pax asked.
"Yes," the DA nodded and then stepped forward, "Mr. MacClure, you say you went to the Marksman residence in the early evening, but you gave no time frame for when you left the ranch."
"I said I left when the argument got too heated even for me," MacClure replied.
"Yes, but that doesn't give an exact time," the DA replied and then pulled a stack of papers and passed them to Judge Pax and to the Jury, "according to the coroner's report, Joshua Marksman was killed by a single gunshot to the head at approximately eleven thirty PM, and based on the testimony of Brent Marksman, at least an hour after they returned home. So I must ask you, at what time did you leave the ranch?"
"I wasn't really paying attention to the time, but I know he was alive when I left," MacClure answered.
"You're certain you left before Joshua Marksman was shot?" the DA questioned as he then lifted a plastic bag that contained the revolver that was the murder weapon, "you've already admitted to owning the murder weapon... which I present to the court as evidence. The weapon is owned by Dusty MacClure and the officers of the Columbia Falls PD did find ammunition for it that has the same tracking number as the one taken from Joshua Marksman's body. It is clear that it is the murder weapon..."
"But I didn't use it," MacClure protested.
"You didn't?"
"I said it fell out of my holster during the argument and I had to come back for it," MacClure answered.
"I see," the DA mused, "and how far is your ranch from Marksman's?"
"About three miles, by a straight line," MacClure answered, "double that if you factor in twists and turns in the roads."
"And you said you got half way home before you realized it was missing?" the DA questioned, "you argued for an indeterminate amount of time and then drove three miles before you realized your weapon had just fallen out of its holster?"
"Yes."
"The holster you use must be fairly strong," the DA commented, "very thick leather... or you do not strap it on that tight."
"Oh I do keep it on tight," MacClure answered, "for the very reason that I do not want it lost."
The DA then turned to Judge Pax, "may I borrow your bailiff for a moment?"
Judge Pax nodded and motioned for the bailiff to approach the DA. As he did so, the DA retrieved the holster that MaClure owned and had been seized when he was arrested.
"This is the holster for the Colt Revolver that you own? The murder weapon?" the DA asked MacClure, and waited for him to nod, "and where do you hold it on your person? On a shoulder strap? From the hip? Or from a leg strap?"
"From the hip," MacClure answered.
The DA nodded and then removed the bailiff's belt for a moment and removed his issued sidearm to place MacClure's holster on it. He then put the belt back on the bailiff.
"And how tight do you wear your belt to hold the holster on?" the DA asked.
"As tight as possible," MacClure answered.
The DA then tightened the belt and placed the plastic wrapped revolver in the holster. He then asked the bailiff a question.
"Do you feel the gun's presence?" the DA asked.
The bailiff nodded.
"Do you think MacClure would have noticed the weapon's absence if it had just fallen out?"
"Yes," the bailiff nodded.
The DA then positioned the bailiff so Judge Pax and the Jury could observe something.
"And ladies and gentlemen of the court, you will also observe the positioning of the gun in the holster," the DA spoke, "the holster holds it firmly and snuggly and even has a safety strap... and even if that was not in place, the revolver could have only "fallen out" if Mr. MacClure was sitting down, at best... but according to Brent Marksman's testimony, he was not... Mr. MacClure was pacing and screaming when they returned. Through simple logic and reasoning, Mr. MacClure should not have just had his weapon fall out, and neither should he have not noticed it doing so."
The DA removed the holster and handed it to the bailiff who handed it to Judge Pax.
"So, I ask you again, Mr. MacClure, are you telling the truth when you say that Marksman was alive when you left his ranch?" the DA questioned.
"Someone else could have taken it and used it," MacClure said weakly.
"Someone stole your gun and used it in front of you? Or you didn't notice it was taken?" the DA asked, "the weapon has been tested by the forensics team in Kalispell in support of the Columbia Falls PD. Their tests confirm that your fingerprints were the only ones on the gun... and even if a gloved criminal stole it... why didn't you report your gun stolen the instant you realized you didn't have it? And if you found it stolen, why didn't you check on Joshua Marksman to make sure that he was alright? Failing to do that could make you seen as an accessory to the murder, even if unwilling."
"It was an odd night," MacClure tried to excuse himself, "and it was late... and I was angry from the argument. That's all that I can say."
"I have no further questions," the DA replied.
"You may step down," Judge Pax answered, "we will take an hour recess before we proceed."
And with that the gavel came down again.