The Brass Verdict

eyebrows in feigned surprise.
    “But Doctor, you just said you agreed with the state’s conclusion that there was gunshot residue on the defendant’s hands and sleeves.”
    “I do agree with the state’s conclusion that there was GSR on the defendant. But that wasn’t the question you asked.”
    I took a moment as if to retrace my question.
    “Dr. Arslanian, are you saying that there could be an alternate explanation for the gunshot residue on Mr. Elliot?”
    “Yes, I am.”
    We were there. We had finally arrived at the crux of the defense’s case. It was time to shoot the magic bullet.
    “Did your study of the materials provided to you over the weekend by the defense lead you to an alternate explanation for the gunshot residue on Walter Elliot’s hands and clothing?”
    “Yes, they did.”
    “And what is that explanation?”
    “It is very highly likely, in my opinion, that the residue on Mr. Elliot’s hands and clothes was transferred there.”
    “Transferred? Are you suggesting someone intentionally planted GSR on him?”
    “No, I am not. I am suggesting that it occurred inadvertently by happenstance or mistake. Gunshot residue is basically microscopic dust. It moves. It can be transferred by contact.”
    “What does ‘transferred by contact’ mean?”
    “It means the material we are talking about lights on a surface after it is discharged from the firearm. If that surface comes into contact with another, some of the material will transfer. It will rub off, is what’m saying. This is why there are law enforcement protocols for safeguarding against this. The victims and suspects in gun crimes often have their clothes removed for preservation and study. Some agencies put evidence bags over people’s hands to preserve and guard against transference.”
    “Can this material be transferred more than once?”
    “Yes, it can, with depreciating levels. This is a solid material. It’s not a gas. It doesn’t dissipate like a gas. It is microscopic but solid and it has to be someplace at the end of the day. I have conducted numerous studies of this and found that transference can repeat and repeat.”
    “But in the case of repeated transference, wouldn’t the amount of material depreciate with each transfer until negligible?”
    “That’s right. Each new surface will hold less than the prior surface. So it’s all a matter of how much you start with. The more you start with, the greater the amount that can be transferred.”
    I nodded and took a small break by flipping up pages on my pad as if I were looking for something. I wanted there to be a clear line between the discussion of theory and the specific case at hand.
    “Okay, Doctor,” I finally said. “With these theories in mind, can you tell us what happened in the Elliot case?”
    “I can tell you
and
show you,” Dr. Arslanian said. “When Mr. Elliot was handcuffed and placed in the back of the four-alpha patrol car, he was literally placed in a hotbed of gunshot residue. That is where and when the transference took place.”
    “How so?”
    “His hands, arms and clothing were placed in direct contact with gunshot residue from another case. Transfer to him would have been inevitable.”
    Golantz quickly objected, saying I had not laid the groundwork for such an answer. I told the judge I intended to do that right now and asked permission to set the video equipment up in front of the jury again.
    Dr. Arslanian had taken the video shot by my first witness, Julio Muniz, and edited it into one demonstration video. I introduced it as a defense exhibit over Golantz’s failed objection. Using it as a visual aid, I carefully walked my witness through the defense’s theory of transference. It was a demonstration that took nearly an hour and was one of the most thorough presentations of alternate theory I had ever been involved in.
    We started with Eli Wyms’s arrest and his placement in the backseat of the alpha car. We then cut to Elliot being placed in the same patrol car less than ten hours later. The same car and the same seat. Both men’s hands cuffed behind their backs. She was stunningly authoritative in her conclusion.
    “A man who had fired weapons at least ninety-four times was placed in that seat,” she said. “Ninety-four times! He would have literally been reeking of gunshot residue.”
    “And is it your expert opinion that gunshot residue would have transferred from Eli Wyms to that car seat?” I asked.
    “Most