Page 80 of The Right to Remain

“The result depended on the surface that caused the ricochet. For example, if a bullet ricochets off a very hard surface, such as concrete, it’s highly unlikely that the bullet would lose the kinetic energy needed to penetrate the sheepdog’s skin. Distance has a much more significant impact.”

“So, if I’m ten feet away from my target and the twenty-two-caliber bullet skips off the sidewalk and hits the dog, what would happen?”

“You would have a seriously wounded animal.”

“Did you test softer surfaces?”

“Yes. Some surfaces are just too soft to cause a ricochet, such as a couch cushion. But if the bullet is traveling at a severe angle, we were able to cause a ricochet on what I would call medium-soft surfaces. Hard rubber, for example.”

“What did you find with these medium-soft surfaces?”

“The tests revealed that the bullet lost some kinetic energy upon contact with these surfaces. And sometimes—especially if the bullet was discharged at a severe angle—the loss of kinetic energy was so significant that, upon impact with the target, the bullet was trapped in the sheepdog’s double coat and did not penetrate the skin.”

Jack rose. He could see where the prosecutor was heading with the “ricochet” test, and he needed to shut it down.

“Your Honor, I have to object. Clearly, the prosecution is trying to explain how Mr. Pollard was able to call 911 and say he had been shot before his body was found with a catastrophic shotgun blast to the head. But the only wound mentioned in the autopsy report was from a shotgun, and the only spent ammunition recovered from the crime scene was buckshot. There’s no evidence that a stray bullet skipped off a rubber mat, a rubber ball, a wall, the floor or anything else inside the house.”

The judge drew a deep breath, but he seemed receptive to Jack’s objection.

“Yes, Ms. Weller. What is your point here? That Mr. Pollard tried to shoot himself in the head with a twenty-two, missed and hit the dog, and then used the shotgun?”

“No, Judge. My point is thatMr. Staffordshot the victim in the head with a twenty-two. Even if it doesn’t penetrate the skull, a bullet skipping off your head is enough to cause a brain hemorrhage that at some point may result in a loss of consciousness or even death. Mr. Stafford then blasted away the evidence of the actual mortal wound with a shotgun to make it look like suicide.”

The proverbial lightbulb was flashing above the judge’s head, though for Jack it was like a kick to the stomach. Weller seemed especially pleased with herself, having created the perfect diversion with all the fuss over Austen Pollard’s testimony, and then dropping this bomb. Jack had to think fast.

“Judge, the prosecution’s clever speculation does not add up to admissible evidence. All this talk of a sheepdog, ricochets, and a twenty-two-caliber gunshot wound is starting to sound like Oliver Stone, JFK, and the magic bullet.”

The judge nodded, but not in agreement. “Mr. Swyteck, about two minutes ago I was thinking the same thing. It seemed that Ms. Weller was just tap-dancing to kill time until Austen Pollard gets here. But I’m going to allow some latitude here. Ms. Weller, if you can make your point, make it.”

“Yes, Your Honor,” she said, and then she faced the witness. “Deputy Gupta, before conducting these tests, did you review the autopsy report for Mr. Pollard?”

“Yes.”

“Did you note the thickness of the surviving portions of Mr. Pollard’s scalp as reported by the medical examiner. By ‘scalp’ I mean not just the outer skin but all five layers, from the hair follicles down to the pericranium, the layer directly on the skull.”

“According to the autopsy report, the thickness was approximately seven millimeters.”

“Did you conduct any ricochet tests on a medium-soft surface with a thickness of seven millimeters?”

“Yes. We laid the medium-soft surface over a hard surface and fired a twenty-two caliber from a distance of ten feet.”

“What were your findings?”

“If the bullet was fired from a severe angle, the medium-soft surface created enough drag that the ricocheted bullet did not penetrate the dog’s skin. It lost kinetic energy and was trapped in the double coat upon impact.”

“Deputy Gupta, is the human skull, below the scalp, hard enough to cause a ricochet?”

“Objection.”

“Overruled. You may answer, Deputy Gupta.”

“With a twenty-two-caliber bullet fired from a distance of ten feet and at a severe angle, most definitely. I’m familiar with a study from Canada showing that barely sixty percent of the attempted suicides involving a twenty-two-caliber gunshot to the head resulted in instant death.”

Jack kept fighting. “Your Honor, I renew my objection. We have a twenty-two-caliber bullet found in the hair of a dog. There’s no basis for speculation about a ricochet off a human skull. What’s next, the grassy knoll?”

“Overruled. But, Ms. Weller, sheepdogs are like Velcro. This bullet could have been swept up in Fido’s coat months ago. Connecting it to the shotgun blast that killed Mr. Pollard requires quite the leap of faith.”

“Boo,” said Weller.