a matter of fact, I have a motion with me. It’s a motion for an evidentiary hearing and a new trial.”
Jack handed the motion to the judge and gave a copy to Mitch Jurgensen.
Judge Holbrook didn’t even glance at the written motion. He saw the reporters out there behind the bar whispering among themselves. He knew they were just chomping at the bit to find out what was in the motion. On the spur of the moment, he decided to give them something.
“We’ve got some time, Mr. Tobin. Why don’t you tell us about this motion.”
“Yes, Your Honor. I have attached to the motion the coroner’s reports on both murders. They were never admitted into evidence at the trial because the coroner testified in person, but he specifically stated that he was using his reports to refresh his recollection, and the record is clear that he had them in his hand when he was testifying.
“I also have attached to the motion pictures that I recently took of the knife that was admitted into evidence as the murder weapon. It’s a bowie knife—a large bowie knife. As you can see from the pictures, I have a tape measure that measures the width of the knife at certain points and the length of the knife. I have also attached the transcript of the trial testimony in which the knife was referred to as the murder weapon. It is interesting, Your Honor, that the coroner never identified the knife as the murder weapon, and I have attached his testimony as well. One of the police officers who testified is the only person who identified the knife as the murder weapon. The coroner testified first, and he was long gone when that police officer took the stand—”
“And your point is, Mr. Tobin?” The judge was getting frustrated, but that’s where Jack wanted him to be—focused on the bottom line. Not just yet though.
“The public defender should have objected to the police officer’s testifying about the bowie knife being the murder weapon. The officer was not qualified to give that testimony.”
“Ineffectiveness of counsel was raised in the first appeal, Mr. Tobin. Are you really arguing that your client is entitled to an evidentiary hearing because the public defender failed to make a technical objection? Because if you are, I’m ready to rule on that issue right now.”
Now was the time. The judge was ready and so were the members of his audience.
“No, sir, I’m arguing that the knife the police officer identified as the murder weapon was not the murder weapon and could not possibly have been the murder weapon.”
That got the peanut gallery stirring. Judge Holbrook banged his gavel.
“If you people can’t be quiet, I’ll have you removed. Now, Mr. Tobin, how do you arrive at this seemingly outlandish conclusion? And for the record, I am not categorizing the evidence before I hear it. I only refer to the conclusion as outlandish because Mr. Felton has been through one appeal, has been on death row for ten years, and is scheduled to be executed in six weeks.”
“I agree with you, Your Honor. It is outlandish and outrageous and whatever else you want to call it, but that doesn’t make it any less true.”
“And what is your basis for the statement you made?”
“Your Honor, if you would open the coroner’s report on the deceased, Vanessa Brock, to page three—”
Mitch Jurgensen finally woke up.
“I object, Your Honor. This is not an evidentiary hearing, and the coroner’s reports are not evidence. They are hearsay.”
“I understand that, Mr. Jurgensen. I’m not taking testimony or admitting evidence. I’m just hearing argument, trying to get a feel for where Mr. Tobin is going in his motion. Proceed, Mr. Tobin.”
“Yes, Your Honor. If you’ll look at the second sentence of paragraph two. It reads, ‘The entry wound is approximately one-quarter inch wide at each entry point and extends into the body approximately three and a half inches again at each entry point.’
“And if you look at my measurements of the so-called murder weapon, the bowie knife, even at its narrowest point, is more than a quarter inch in width. At three and a half inches in length, which was the stated penetration in the coroner’s report, the bowie knife is two inches wide. Thus, if the bowie knife was the murder weapon, the entry wound would have been two inches in length.”
Jack watched the judge’s reaction. The man immediately started to fidget. His arms were moving, his shoulders were moving, his