Chapter 68
Detective Sergeant Hamilton of the Vancouver Police District was next on the list. His testimony confirmed that a sniper took aim from a gazebo located in a small park near Ms. Kartz’s apartment and shot the woman as she was on her way home. The bullet that was taken out during Ms. Kartz’s first surgery had been identified as having been shot from a Gamo Silent Cat .22 Air Rifle with 4x32 Scope—the same weapon that had been used in the first crime.
Billycan then asked the bailiff to bring in the weapon to the courtroom. When he did, a ripple of murmurs went through the jury and the audience. It was indeed an impressive weapon. Even wrapped in a plastic bag, this rifle had an imposing presence—one of fearsome power.
“Now, Detective Hamilton, could you tell us when and how you recovered the rifle?”
“Pieces of the weapon were found by the cleaning staff in four garbage cans located in the men’s washrooms of the Vancouver International Airport. The pieces were brought to us about 24 hours after the incident.”
“And did you interview the cleaning staff individually to find out at what time each of the weapon’s parts was deposited in these garbage cans?”
“No, sir. The interviews were conducted by the Richmond Police District, which covers policing and surveillance of the airport’s area.”
“And did you sent the rifle either in pieces or re-assembled to the forensic lab yourself?”
“We sent it in pieces and it was re-assembled at the lab after examination.”
“Thank you, Detective.” He turned to the judge. “Your Honour, the Prosecution offers the rifle in evidence, marked Exhibit 7, and tender to opposing counsel.”
“Any objection, Mr. Simmons?”
“No objection, Your Honour. Thank you.” The attorney didn’t even look up from his pad on which he was writing feverishly.
“Go on, Mr. Billycan.”
“Thank you, Your Honour.” The US Attorney bowed slightly. Then to the witness, “Now, I’d like to return briefly to your description of the scene of the crime. Did you ascertain the trajectory of the bullet at any time during your investigation?”
“No, sir, I did not, but the forensic guys did and Agent Gilford reconstructed the shooting…”
Simmons was on his feet—surprisingly enough he had been listening. “Your Honour, objection—foundation...”
“I’m getting to that, Simmons…, besides this is a direct examination...”
“Alright, enough, Counsels,” Silverman uttered, visibly annoyed. “I will not allow this sort of bickering in my court. And as for you, Mr. Simmons, no need to shout.” He turned to Billycan. “Are you intending to connect this reconstruction of the shooting with this witness’s testimony?”
“Later on, yes, Your Honour.”
“Very well then, objection overruled. But, Mr. Billycan, I would urge you to control your witness’s testimony a little better”
“Yes, Your Honour.” Billycan turned again to DS Hamilton. “Let’s confine your answer to your stating that the forensic experts in Vancouver determined the trajectory of the bullet, is that correct?”
“Yes, sir, they did.”
“And in their report, they stated that the trajectory of the bullet demonstrated that the aim taken by the sniper resulted in Ms. Kartz being shot in the right arm and through the upper body. Is that correct?”
“Yes, that’s correct.”
Billycan turned around and went to his table. He picked up a white binder and came back to the witness with it. “Is that the forensic report you were referring to?”
“Yes, sir, that’s the one.”
“Thank you, Detective. Your Honour; the Prosecution offers this forensic report, marked Exhibit 8, in evidence and tender to opposing counsel.”
Receiving approval from the judge and no objection from Simmons, who had resumed his writing by this time, Billycan went on, “Would you mind turning to page 35 of this report, Detective, and read the highlighted paragraph for us?”
“Not at all.” Hamilton turned to the page in question and read, “The rifle had been aimed at the upper part of the body and not at the victim’s head”.”
“Thank you, Detective. And upon reading this forensic statement did you draw any conclusion?”
The witness shifted in the uncomfortable chair and seemed to think about what he was going to say. “Well, to me it meant that the sniper purposely shot the victim in the upper body.”
“Thank you, Detective. Now, would you mind turning to page 93 of the report, and read the highlighted sentence, please?”
Again, Hamilton flipped through to the page and read, “The latent prints lifted from the rifle described above, have been identified as belonging to Mr. Samuel Meshullam—the registered owner of the said weapon.” He closed the binder.
“Okay, Detective, thank you. Now let me ask you this; were there any other prints on the rifle?”
“No, sir, none.”
“Thank you for your assistance, Detective.” The US Attorney then went back to his table saying, “I have no more question for this witness, Your Honour.”
“All right then. Mr. Simmons?”
“Yes, Your Honour, thank you.” The defence attorney got up from his chair and walked slowly toward the witness. He looked tired, not to say harassed. He hadn’t heard from Gill yet and that definitely was a bad sign. “Detective Hamilton, good morning.”
“Good morning, sir.”
“You’ve testified a few minutes ago that the bullet’s trajectory indicated that the sniper actually aimed at the body of the victim rather than the head, is that correct?”
“That’s what the forensic people said in their report, yes.”
Simmons nodded. “And did it say that Ms. Kartz could have been shot anywhere else apart from the upper body or head?”
“No, I don’t believe so, no.”
“And we’ve heard in a previous testimony that the shot appeared to be designed to do harm to the victim but not to kill. Would you agree with that conclusion?”
Billycan raised a hand. “Your Honour…? Detective Hamilton is not an expert in medicine—not that we’re aware of,” he sneered.
“Objection sustained.” Silverman frowned down at the defence attorney. “Rephrase, Mr. Simmons, and watch your step.”
“Yes, Your Honour—I’m sorry.” Crestfallen, Simmons returned to face the witness. “I’m sorry, Detective, but let me rephrase the question. If you were in a position whereby you had to stop a perpetrator from running away from you, say, and after you identified yourself properly, would you then shoot the said perpetrator anywhere in particular?”
“I don’t know how you do things here in the States, sir, but in Canada, we rarely—almost never in fact—shoot an escaping felon.” Simmons was about to interrupt him, but the detective was quicker on the uptake. “But I’ve got an idea of what you’re getting at, so let me help you…” That again lit up the courtroom with flares of snickers and giggles.
The judge pounded his gavel a couple of times and as soon as silence was restored, he turned to the witness. “All right, Detective, why don’t you address your answer to the court—I think that will help everyone at this juncture.”
Detective Hamilton smiled. “Okay, Judge. If I had to stop anyone in any circumstances, and use a weapon, say a gun, I would not fire it at the body of the person, rather at his legs or even his feet, to make sure I’d stop him without injuring him too seriously. Is that the answer you were looking for?” He looked at Simmons, who appeared absolutely devastated.
“Please address your query to the court, Detective.”
“I’m sorry, Your Honour. But was that okay?”
“Yes, Detective, that was ‘okay’, as you say.” He swivelled his chair and looked at each attorney in turn. “Approach, gentlemen!” Silverman was not happy. When both counsels were in earshot, he again masked the microphone with his hand. “Mr. Simmons, I am appalled at your conduct of this cross-examination. I won’
t have this sort of flimflam in my courtroom. And I shouldn’t be the one teaching you how to ask a question from a foreign witness.”
“I’m sorry, Your Honour, it won’t happen again.”
“You bet it won’t.” He turned to the US Attorney. “And I hope for your sake, Mr. Billycan, that you’ll be able to connect the prints identified on the weapon to any prints that may have been made on that same rifle during the first shooting.”
“Yes, I will, Your Honour.”
“Okay then. Let’s proceed, Mr. Simmons.”
“Thank you, Your Honour.”