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inches”.

“Not perfect, but it will have to do. Now, if Doc Shell took photos or at least measurement of the wounds of Dorothy Timberlake and they are exactly of close to those you took we might have something to work with in looking for what type of weapon was used.”

“If you'd like I'll call doctor Shell in the morning and see what he did and has in relation to the wounds”.

At ten a.m. the next morning Captain Wallace sat in James Gallagher's office. “I hope the hell you've got something worthwhile to tell me. The press is killing me in the papers and each night, every night every channel on television keeps these two homicides in the public’s mind”, said Gallagher.

“Well, it appears that you're going to be greatly disappointed this morning”, Wallace replied.

“Don't tell me that. You must have come up with something, some type of lead, a new piece of evidence”.

“The reason I'm here is I found an old, worn, court summons dated April 1965. I can't make out the actual April day, but I do have a case number. It's 4971”.

“And?”

“And since you're the County Prosecutor I want you to reach into whatever court or public records that can tell me what that case was all about and who participated in it”.

Gallagher leaned forward and wrote the case number on a sheet of paper. “The date again?”, he asked.

“April something, 1965”.

“Anything else?”

“Right now we're trying to figure out what was used as the murder weapon. As far as I know no photographs were taken of the victim at the crime scene. Had they been taken the appearance of the fatal wounds could possibly give us a clue to just what was used”, Wallace explained.

“Would photographs taken at the morgue help?”

“Certainly”.

Gallagher reached into a desk drawer and removed several black and white glossy photographs. “These are pictures of Greta Shoemaker. All I know is that they were taken at the morgue. Hell, I don't even know who took them”.

Wallace shook his head in disgust. “Just when in hell did you plan in giving me these? We're busting our ass in these cases and you're sitting on evidence”.

“You have two cases to worry about. Have you any idea just how large our case load is?”, said Gallagher as he handed the photos to Wallace.

“Before I take them, turn them over write the date and time and your initials. Chain of evidence Mr. Gallagher”, said Wallace. Back in his own office Wallace using a large magnifying glass studied the photos of the crescent shaped wounds in Greta Shoemakers head. Whatever had caused the injuries and left the marks was puzzling. Naturally, the first thing to come to mind was a crescent wrench but although close in appearance the marks left were different. Inside the crescent shape was something else, just as Emily had said, a small protrusion. When the telephone on his desk rang he put the magnifying glass down and picked up the receiver. “Captain Wallace”, he said.

“So, you're finally at your desk. I've been calling all morning”, said Emily.

“I was with Gallagher”.

“Anyway, I called Doctor Shell. He had photographs taken of the wounds to Greta Shoemaker and Dorothy Timberlake at the morgue. Naturally he's willing to give you copies”.

“I already have the Shoemaker photos. Gallagher had them in his desk drawer”.

“Really?”

“Yep”.

“Do they help?”

“Not really, but they're just as you described them, a C shape with a slight bulge inside the crescent”.

“I wish I could help you, but I don't know anything about tools except a hammer and screwdriver”.

“Thanks anyway”.

August went quickly by as did Labor Day in September. By the second week of the month there had been nothing new or of importance in the two homicides under investigation. Detective Myers and Investigator Donahue tried to question the residents of Blood Brook in an attempt to gain any information. They were met by a wall of silence. The people either refused to open their door or maintained the fact that they knew nothing about the two women victims.

On the morning of Tuesday, September 12, 1978 Wallace called James Gallagher. He was told that the prosecutor could take no calls as he was tied up preparing cases going to trial and for the Captain to leave a message. “Tell Mr. Gallagher he can talk to me or tell the press why this investigation is going no where”, Wallace said as he slammed down the telephone receiver. Ten minutes later Gallagher called. “What's on your mind, Captain”, he asked.

“ Sometime ago I asked you to look into the old court summons I found with the case number 4971 and the faded date April, something, 1965. I'm interested into what you found”, said Wallace.

“Surely you know that as a matter of rule once a court case is finalized the records of the trail and case are usually sealed. Knowing this I considered it a waste of time to go any further into the matter”, Gallagher replied.

“And, I bet you considered it a waste of time to inform me of that fact”, Wallace responded.

“Not quite, but since it was and is a legal matter I saw no need to inform you”.

“Dorothy Timberlake received a summons for jury duty for a court case that occurred in April, 1965. that could mean that she was to appear to serve on a jury. I want to know if she did or not. Either way I need to know if she appeared. The information I want, no, make that I need, is in the records of a case number 4971.”

“As I have already told you. The records are probably sealed. I understand your concern and interest in the matter, but I would have to petition the courts and present a reason and need for the court records of case number 4971 to be opened”.

“Then I suggest that you do just that. I need the information related to that case number. Good or bad. Please call me when you have it'. Wallace placed the receiver on the cradle. He looked up when Detective Myers knocked on his open, office door. “What's up kid?”, he asked.

“Thanks for the compliment. We're finished updating our reports. I thought you'd might want to read them”, she said.

“Of course. Just put them here on my desk. Right now I'm trying to ascertain what court action if any occurred during the month of April, 1965”, he replied.

After Myers left the office Wallace picked up the telephone receiver again and dialed a number. After three rings he heard a familiar voice say,”Hello?”

“Are you busy?”, he asked.

“I'm always busy. Right now I'm working on a novel”.

“And, I bet you already have an advance from your publisher”.

“Did you call seeking alimony?”

“Not yet. I'm calling because I need a favor”.

“And, that is?”

“I need you to look at and review newspaper articles dealing with any serious crimes that occurred either in 1963,64 and possibly early 1965.”

“In Nautilus Beach, or the entire county?”

“Both”.

“Alright, give me some time. As I said I'm working on a novel. Right now the words are flowing nicely so I don't need any interruptions. At the same time you know I only write for the Press as a freelancer, so I don't want to wear out my welcome with the editor, but I'll see what I can do”.

“Thanks Mary, I appreciate it. How are you?”

“Fine, how about yourself?”

“Busy,”

“So I heard”.

“What does that mean?”

“I heard that you're planning a trip to Australia”.

“You must have heard from Sharon”.

“I did. She also told me that you plan to visit along with a Doctor Emily Wescoat”.

“I'm glad she's keeping you informed”.

“I don't need her to tell me what you're doing. Lot's of people just love to tell me what's happening with you”.

“Hey, I'll make it easy for you. If you want to know anything about me or what I'm doing, just ask.”

“I know that you've been running with Emily Wescoat for some time now”.

“We have a friendship, but I wouldn't call it as running”.

“Have you slept with her?”

“A gentleman never discusses those kind of things”.

“The fact that you answered the question that way tells me that you did. Oh, well, no matter to me. Like I said the words are flowing. I need to get back to work. When I have anything after checking the newspapers I'll call you. Good by Robert”.

Wallace heard the loud click made by Mary Wagner disconnecting the call.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter Four

A Matter Of Law

 

Monday, October 2, 1978 started the same way when Captain

Robert Wallace was involved in an investigation, particularity when the investigation was related to a homicide. He would begin by either physically or mentally review each step that had been made. He was becoming frustrated. They had made no headway in identifying a suspect, motive or murder weapon. At the same time he felt that the county prosecutor was dragging his feet delaying in finding information that he thought was important to the case, Dorothy Timberlake's jury duty summons. He wanted to know, he needed to know that information. Also, McKenna had nothing to report on the tire tread impression found at the Timberlake home. Finally, his ex-wife Mary had not contacted him about finding anything relatively important to Blood Brook, New Jersey or the two murder victims.

It was two twenty five in the afternoon when James Gallagher returned Captain Wallace's telephone call. When the telephone on his desk rang Wallace answered with, “Major Crime Squad, Captain Wallace”.

“Captain? Jim Gallagher. What's on your mind that's so important that according to my secretary I had to return your call as soon as possible?”

“I must have left the impression that your call was urgent. It's not, but at the same time it is important”, said Wallace.

“And that is?”

“Sometime ago, as a matter of fact, last month I requested that you look into Criminal court Case 4971. I wanted to know what the case was, who the defendant was, whether or not Dorothy Timberlake was selected for the jury along with the names of the other jury members. To date, I've got nothing, no information and no response from you”.

“You don't seem to be aware of the law protecting jury members Captain. Such as the fact that the law specifically states and I quote.“A judge may decide to conceal the private information of jurors in a criminal case. They may choose to block public access to juror names and addresses in situations where public knowledge of jurors may present some concerns. These situations can include: The criminal defendant in the case is considered to be extremely dangerous and may present a threat of retaliation against the jurors or their loved ones.

The criminal defendant is known to have a history of intimidating, bribing or harming jurors or their alternates.

The candidates for jury have informed the court that they are seriously concerned about releasing their name or personal contact information to the public.

In high-profile cases, disclosing juror information can sometimes attract undesirable media attention or intrusion.”

“By the sound of your voice on the telephone I detected that you were reading from some legal text and since you question my knowledge of the law protecting jury members let me say this. While juror information may be withheld from the public during the trial, it is usually released once a final verdict has been reached. Since the case I'm interested in was heard in April 1965 I think you will agree that a verdict should have been reached by now. At the same time I'm sure that you are familiar with Voir dire which refers to the process of jury selection. As I understand it, and I readily admit that I am not a lawyer, as I understand it, once a jury is chosen, the public has a right to access the names and addresses of all jurors and their alternates . The information is available in the public record and transcripts of the so called, voir dire jury selection proceeding can also be obtained. And, let me add this. Both the first Amendment and

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