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Previously on"The Practice"...
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My client was in shock at
the time of this interrogation.
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He'd just found his wife dead
less than an hour before this.
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She said that if she
turned up missing
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that I should
call the police
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because Scott probably
did something to her.
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BOBBY: Objection!
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We find the defendant
Scott Wallace...guilty.
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You got to get me out.
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-Scott--
-Get me out!
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You got a problem.
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The man is on the verge
of a psychotic breakdown.
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He needs to be transferred
to a mental facility right now.
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I'm convinced
that Kyle Barrett
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lied on the stand
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after being coached
by the prosecution.
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Mr. Barrett,
you had a meeting
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with Richard Bay
and Helen Gamble, did you not?
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On the advice of counsel,
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I'm exercising
my fifth amendment right
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not to answer your question.
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I have been ordered
to conduct a full hearing
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into this perjury business.
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That hearing has been thwarted
by the primary witness
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00:00:50,914 --> 00:00:53,283
exercising his
fifth amendment right.
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The conviction of Scott Wallace
is hereby set aside.
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It is the order of this court
that he be granted a new trial.
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This is the part
that kills us.
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That's the bomb.
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This time
you will have to testify.
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I can handle all the witnesses.
We're in good shape there.
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But that videotape
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and your response to it
on the stand--
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that's what will decide
this case.
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I'm ready.
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REPORTER:
Do you feel pressure
because he's your friend
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or because you failed him?
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Both.
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I want to get him out
because I care about him
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and, yeah, because I tried
a lousy case.
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Of course I feel pressure.
How could I not?
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This guy committed murder,
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and the only thing standing
between him and the street...
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is me.
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It's a bit unusual
for the lead prosecutor
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to suddenly flip
and think he's innocent.
47
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Helen Gamble started
feeling guilty over tactics,
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and she became clouded
by her conscience.
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That's all.
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She claims you coached
a witness to lie.
51
00:02:01,317 --> 00:02:02,886
She's wrong.
52
00:02:02,919 --> 00:02:05,288
Richard Bay
will do anything.
53
00:02:05,321 --> 00:02:09,359
D.A.s like him make it easier
for defense attorneys like me
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00:02:09,392 --> 00:02:11,828
to stay passionate
about what we do
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because to me, he basically
represents a police state.
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Oh, I don't expect it
to be at all civil.
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Bobby Donnell
fights for clients
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like it was his life
on the line
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00:02:23,473 --> 00:02:27,277
and Richard Bay prosecutes
like the victim was his mother.
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00:02:27,310 --> 00:02:29,813
Isn't that good--
zealous advocates?
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Isn't that
what it should be about?
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One would think,
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00:02:33,684 --> 00:02:35,819
but when fights
get this ugly,
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it's rarely in
the interest of truth.
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It's messy.
It gets personal.
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Do you think you'll win?
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I know I will.
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How can you be so sure?
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Because this time
I have the video,
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which means Scott Wallace
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00:02:49,766 --> 00:02:51,968
will have to take the stand
and explain it,
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and when he does,
I'll get him.
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He'll lose it up there.
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You watch.
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♪ (theme)
76
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(horns honking)
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(siren wails)
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BAY: Witnesses
are never objective.
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00:04:05,108 --> 00:04:07,811
Of course,
I want you to appear neutral,
80
00:04:07,844 --> 00:04:10,747
but you need to be
every bit the advocate I am.
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Never forget-- your goal
is to help the prosecution
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secure a conviction,
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to put a murderer in prison.
84
00:04:17,520 --> 00:04:20,490
That means you're gonna have to
stand up to Bobby Donnell.
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You can't be steered,
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and he will absolutely try
to do just that.
87
00:04:24,360 --> 00:04:26,597
His whole defense
is reasonable doubt.
88
00:04:26,630 --> 00:04:29,766
Every question he asks you,
it's to build reasonable doubt.
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00:04:29,800 --> 00:04:31,334
At the first trial
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he got you all to admit
things were possible,
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00:04:33,804 --> 00:04:36,006
and you all did so
too submissively.
92
00:04:36,039 --> 00:04:38,875
This is why I've brought
Cindy Keller in tonight.
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00:04:38,909 --> 00:04:41,477
She's our
behavioral psychologist.
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00:04:41,511 --> 00:04:43,346
When the defense lawyer
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00:04:43,379 --> 00:04:46,482
forces you to say the words
that he wants you to say,
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you can, nevertheless,
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00:04:48,652 --> 00:04:51,622
use body language
to convey your opinion.
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00:04:51,655 --> 00:04:53,056
It's all a presentation,
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00:04:53,089 --> 00:04:55,592
and you have to
train your witnesses
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00:04:55,626 --> 00:04:57,427
to be showmen a little.
101
00:04:57,460 --> 00:05:00,597
The key is, they can't come off
too much like advocates.
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00:05:00,631 --> 00:05:03,033
If they do,
they have less credibility.
103
00:05:03,066 --> 00:05:06,603
We used to have an advantage.
People trusted the police.
104
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That advantage is gone now.
105
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BOBBY:
Because they cheat,
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00:05:10,541 --> 00:05:13,509
and Richard Bay will cheat.
He absolutely will.
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That seems to be
a refrain with you.
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00:05:15,912 --> 00:05:19,449
One that I have to be mindful of
the entire trial.
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What will be different
about this trial?
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00:05:21,652 --> 00:05:23,053
I'm gonna win.
111
00:05:23,086 --> 00:05:25,455
I mean tactics,
evidence, witnesses.
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00:05:25,488 --> 00:05:27,691
What will
be different there?
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That tape...
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that damn videotape.
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00:05:35,932 --> 00:05:39,936
He'll play it
every chance he gets.
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00:05:39,970 --> 00:05:42,639
HELEN: We think
you had an argument.
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00:05:42,673 --> 00:05:45,842
You hit her...
maybe by accident.
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She was unconscious.
119
00:05:47,944 --> 00:05:50,947
You were afraid
of how it might look.
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00:05:50,981 --> 00:05:55,418
You put her in the car to
make it look like a suicide.
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00:05:55,451 --> 00:05:58,454
That's what happened,
isn't it?
122
00:06:06,129 --> 00:06:09,099
Detective Larson,
does that videotape
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00:06:09,132 --> 00:06:12,769
fairly and accurately depict
what happened in that room?
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Yes, it does.
125
00:06:14,070 --> 00:06:16,039
What did happen in that room?
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00:06:16,072 --> 00:06:17,574
From my experience,
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00:06:17,608 --> 00:06:20,611
Scott Wallace admitted
to killing his wife.
128
00:06:20,644 --> 00:06:21,678
Objection.
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00:06:21,712 --> 00:06:23,680
Overruled.
130
00:06:23,714 --> 00:06:26,850
Did he ever say
he killed his wife?
131
00:06:26,883 --> 00:06:28,885
-No, but--
-In fact, he maintained
his innocence,
132
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and he still does,
doesn't he, detective?
133
00:06:30,921 --> 00:06:31,955
But when confronted--
134
00:06:31,988 --> 00:06:33,590
When you say "admitted,"
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00:06:33,624 --> 00:06:36,226
you mean the behavior
we just witnessed on this tape.
136
00:06:36,259 --> 00:06:38,795
-Right, detective?
-Correct.
137
00:06:38,829 --> 00:06:41,464
With words, he's always
maintained his innocence,
138
00:06:41,497 --> 00:06:42,633
hasn't he, detective?
139
00:06:42,666 --> 00:06:44,535
With words, yes.
140
00:06:44,568 --> 00:06:46,970
Are you a psychologist,
detective?
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00:06:47,003 --> 00:06:48,972
No, I'm not.
142
00:06:49,005 --> 00:06:50,874
And if a psychologist
was of the opinion
143
00:06:50,907 --> 00:06:52,743
that Mr. Wallace's behavior
on that tape--
144
00:06:52,776 --> 00:06:55,879
Objection. He's trying
to introduce psychiatric testi--
145
00:06:55,912 --> 00:06:57,147
I'm posing a hypothetical
to the witness.
146
00:06:57,180 --> 00:06:58,682
I'll allow it.
147
00:06:58,715 --> 00:07:01,184
If a psychologist
was of the opinion that
148
00:07:01,217 --> 00:07:02,786
Mr. Wallace's breakdown
on that tape
149
00:07:02,819 --> 00:07:04,755
was more the product of
despondency--
150
00:07:04,788 --> 00:07:07,758
Your honor,
if he wants to introduce
psychiatric testimony, he--
151
00:07:07,791 --> 00:07:09,826
Mr. Bay, your objection
is overruled.
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00:07:09,860 --> 00:07:12,729
BOBBY: Once again,
153
00:07:12,763 --> 00:07:15,498
if a psychologist
looked at that tape
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00:07:15,532 --> 00:07:17,000
and concluded that
it did not constitute
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an admission to the crime,
156
00:07:18,234 --> 00:07:20,036
do you have
any medical training
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which would enable you
to overrule him?
158
00:07:21,938 --> 00:07:23,874
Do I have any
medical training?
159
00:07:23,907 --> 00:07:25,075
No. But--
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Thank you, detective.
That's all.
161
00:07:28,745 --> 00:07:30,814
How many suspects
have you interrogated
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in the course of your career?
163
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Hundreds.
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Hundreds. Do you think
you would recognize
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a silent admission
if you saw one?
166
00:07:38,622 --> 00:07:39,856
Absolutely.
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00:07:39,890 --> 00:07:42,726
Based on your experience
as a police officer
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00:07:42,759 --> 00:07:45,629
who has conducted
hundreds of interrogations,
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00:07:45,662 --> 00:07:48,699
what did Scott Wallace's silence
convey to you?
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An admission
that he committed murder.
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Thank you.
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Do you have any formal training
in behavioral psychology?
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No, I don't.
174
00:07:57,841 --> 00:07:59,209
Thank you.
175
00:08:04,047 --> 00:08:07,584
When we first started,
it was just Bobby and me,
176
00:08:07,618 --> 00:08:10,020
and he was so wide-eyed--
177
00:08:10,053 --> 00:08:12,823
every case, his eyes--
178
00:08:12,856 --> 00:08:14,858
Oh, and if it was
a murder case,
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00:08:14,891 --> 00:08:17,961
God, the light
coming out from his eyes...
180
00:08:17,994 --> 00:08:21,031
and it didn't bother him a bit
if the guy was probably guilty.
181
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He'd say,
"Bec, we defend the guilty
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because ultimately
it protects the innocent."
183
00:08:25,335 --> 00:08:27,604
Or he'd say
that was the high--
184
00:08:27,638 --> 00:08:31,041
You know, when you got a guy
that was actually innocent.
185
00:08:31,074 --> 00:08:34,778
And now he hates it
when they're innocent,
186
00:08:34,811 --> 00:08:36,680
like this one.
187
00:08:36,713 --> 00:08:38,048
It's too much pressure.
188
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That's why none of us last
on this job.
189
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You can only bear
defending the guilty.
190
00:08:44,254 --> 00:08:48,324
And how long can anyone last
doing that?
191
00:08:48,358 --> 00:08:51,862
He was screaming at her,
calling her a liar.
192
00:08:51,895 --> 00:08:54,364
She was pleading with him
to stop screaming.
193
00:08:54,397 --> 00:08:56,967
Are you sure this was
around 9:30 p. m.?
194
00:08:57,000 --> 00:08:59,970
Yes. That's when
I walk my dog.
195
00:09:00,003 --> 00:09:02,238
You recognized
my client's voice screaming
196
00:09:02,272 --> 00:09:04,675
because you'd heard him
scream before?
197
00:09:04,708 --> 00:09:06,843
-Many times.
-So there wasn't anything
198
00:09:06,877 --> 00:09:09,379
hugely unusual
about them arguing that night.
199
00:09:09,412 --> 00:09:11,682
No. They fought a lot.
200
00:09:11,715 --> 00:09:14,384
And, in fact, you didn't
call the police
201
00:09:14,417 --> 00:09:17,988
or try to intervene,
did you, sir?
202
00:09:18,021 --> 00:09:20,390
No.
203
00:09:20,423 --> 00:09:24,127
I wasn't crazy about calling
that witness in the first trial.
204
00:09:24,160 --> 00:09:26,062
I wasn't thrilled
about it here.
205
00:09:26,096 --> 00:09:28,098
But I have to establish
a time line.
206
00:09:28,131 --> 00:09:29,800
As a rule,
207
00:09:29,833 --> 00:09:32,135
when you come across anemic
little wimps like Mr. Berenson
208
00:09:32,168 --> 00:09:35,171
who haven't got the guts
to get involved at the time,
209
00:09:35,205 --> 00:09:36,807
you can be sure
210
00:09:36,840 --> 00:09:39,275
they'll be pretty impotent
as witnesses, too.
211
00:09:39,309 --> 00:09:43,947
But I needed to get in
the time line.
212
00:09:43,980 --> 00:09:46,416
REPORTER: Why are you so sure
he's innocent?
213
00:09:46,449 --> 00:09:49,686
Because I am.
I know him.
214
00:09:49,720 --> 00:09:52,989
Plus, he passed the polygraph.
That's what really gets me.
215
00:09:53,023 --> 00:09:55,425
I mean,
they may not be admissible,
216
00:09:55,458 --> 00:09:58,695
but lie detectors
are pretty damn reliable.
217
00:09:58,729 --> 00:10:00,831
And the prosecution
and the police--
218
00:10:00,864 --> 00:10:03,700
they believe in them
more than I do.
219
00:10:03,734 --> 00:10:06,970
Here we got a guy who passes
over and over and over,
220
00:10:07,003 --> 00:10:08,438
and they still prosecute.
221
00:10:08,471 --> 00:10:10,006
Why, do you think?
222
00:10:10,040 --> 00:10:12,275
Because the media
declared this a murder,
223
00:10:12,308 --> 00:10:14,745
and there was
an ensuing public outcry
224
00:10:14,778 --> 00:10:16,046
to get a conviction.
225
00:10:16,079 --> 00:10:19,215
There seems to be
such a huge distrust here.
226
00:10:19,249 --> 00:10:20,851
You have no idea.
227
00:10:20,884 --> 00:10:22,218
When I first started,
228
00:10:22,252 --> 00:10:24,220
the D. A. s
and defense attorneys--
229
00:10:24,254 --> 00:10:26,322
we'd all go out
at the end of the day.
230
00:10:26,356 --> 00:10:27,924
There were watering holes
231
00:10:27,958 --> 00:10:29,926
where we'd congregate,
swap stories.
232
00:10:29,960 --> 00:10:33,196
You fought hard in court,
but after, it was a--
233
00:10:33,229 --> 00:10:35,331
it was a brotherhood.
234
00:10:35,365 --> 00:10:38,201
Today we go
our separate ways.
235
00:10:38,234 --> 00:10:40,470
They don't trust us,
we don't trust them.
236
00:10:40,503 --> 00:10:42,305
What happened?
237
00:10:42,338 --> 00:10:47,310
It became too much
about winning and losing.
238
00:10:47,343 --> 00:10:49,045
We analyzed a skin fragment
239
00:10:49,079 --> 00:10:51,414
found under
the defendant's fingernail.
240
00:10:51,447 --> 00:10:54,050
It was a genetic match
to Mrs. Wallace.
241
00:10:54,084 --> 00:10:57,053
Did you do any other
DNA testing, Dr. Wang?
242
00:10:57,087 --> 00:10:58,955
Oh, yes.
We found shed skin cells
243
00:10:58,989 --> 00:11:01,057
all over the victim's
head and neck.
244
00:11:01,091 --> 00:11:04,227
They belong to the defendant
Scott Wallace.
245
00:11:04,260 --> 00:11:07,831
If Scott Wallace were trying
to save his wife,
246
00:11:07,864 --> 00:11:09,099
resuscitate her,
247
00:11:09,132 --> 00:11:11,234
it's possible his skin cells
248
00:11:11,267 --> 00:11:13,837
could have gotten on her
that way, am I right?
249
00:11:13,870 --> 00:11:16,439
In my experience,
that would be unlikely.
250
00:11:16,472 --> 00:11:19,242
I asked if it were possible.
251
00:11:19,275 --> 00:11:21,845
I suppose it's possible.
252
00:11:21,878 --> 00:11:23,847
And it's possible,
isn't it, doctor,
253
00:11:23,880 --> 00:11:25,248
that Mrs. Wallace had decided
254
00:11:25,281 --> 00:11:27,183
she wanted to compete
in the Olympics,
255
00:11:27,217 --> 00:11:29,019
and while practicing
a back flip,
256
00:11:29,052 --> 00:11:31,021
she accidentally hit her head
on a blunt instrument
257
00:11:31,054 --> 00:11:33,023
-being held by the defendant?
-Objection!
258
00:11:33,056 --> 00:11:35,291
As long as we're going
for far-fetched possibilities...
259
00:11:35,325 --> 00:11:36,459
Move to strike!
260
00:11:36,492 --> 00:11:37,861
Mr. Bay,
that is quite enough.
261
00:11:39,062 --> 00:11:40,263
Dr. Wang,
262
00:11:40,296 --> 00:11:42,465
based on your years
of experience
263
00:11:42,498 --> 00:11:45,936
as a forensic pathologist,
did you form an opinion
264
00:11:45,969 --> 00:11:48,304
as to the likelihood
of what happened?
265
00:11:48,338 --> 00:11:49,940
Yes, I did.
266
00:11:49,973 --> 00:11:52,275
Could you state that
for the court, please?
267
00:11:52,308 --> 00:11:54,845
She was killed
by the defendant.
268
00:11:54,878 --> 00:11:56,279
The defense has suggested
269
00:11:56,312 --> 00:11:58,481
Mr. Wallace
discovered his wife in the car,
270
00:11:58,514 --> 00:12:00,884
she wasn't breathing,
he pulled her out,
271
00:12:00,917 --> 00:12:03,053
and her head struck
the concrete floor,
272
00:12:03,086 --> 00:12:04,420
causing the fracture.
273
00:12:04,454 --> 00:12:07,323
Yes, I think this is
a bit of a fairy tale.
274
00:12:07,357 --> 00:12:10,160
The fracture--
she was hit very hard.
275
00:12:10,193 --> 00:12:12,295
Is it possible that she
could have gotten this
276
00:12:12,328 --> 00:12:14,497
after she died
by her head hitting the floor?
277
00:12:14,530 --> 00:12:16,132
Anything's possible.
278
00:12:16,166 --> 00:12:19,069
My medical opinion
is somebody hit her.
279
00:12:19,102 --> 00:12:21,137
Doctor, in the first trial,
280
00:12:21,171 --> 00:12:24,440
you testified that this fracture
was severe enough to be fatal.
281
00:12:24,474 --> 00:12:25,976
Didn't you say that?
282
00:12:26,009 --> 00:12:26,977
I did.
283
00:12:27,010 --> 00:12:28,979
Was it the cause of death?
284
00:12:29,012 --> 00:12:31,582
No, the cause of death
was monoxide poisoning.
285
00:12:31,615 --> 00:12:34,150
So it's possible
that the head fracture
286
00:12:34,184 --> 00:12:37,087
came after she died
of the car exhaust, right?
287
00:12:37,120 --> 00:12:38,822
That's not
what I think happened,
288
00:12:38,855 --> 00:12:40,824
but I can't declare it
to be impossible.
289
00:12:40,857 --> 00:12:42,993
Doctor, you're employed by
the commonwealth, aren't you?
290
00:12:43,026 --> 00:12:45,061
-Yes.
-Do you ever get afraid
of losing your job
291
00:12:45,095 --> 00:12:46,563
if you don't secure
convictions--
292
00:12:46,597 --> 00:12:47,964
-Objection!
-Sustained.
293
00:12:47,998 --> 00:12:49,365
BOBBY: Goes to bias,
your honor.
294
00:12:49,399 --> 00:12:51,434
The objection is sustained.
That's it!
295
00:12:51,467 --> 00:12:53,837
Now let's move on.
296
00:12:53,870 --> 00:12:55,839
It's what he does
when he's losing.
297
00:12:55,872 --> 00:12:58,274
It's an excellent sign
for the prosecution
298
00:12:58,308 --> 00:13:01,277
when Bobby Donnell starts
to resort to crap like that.
299
00:13:01,311 --> 00:13:03,246
It means
he thinks he's losing.
300
00:13:03,279 --> 00:13:04,848
In the first trial,
301
00:13:04,881 --> 00:13:07,117
he was getting his possibles,
then resting.
302
00:13:07,150 --> 00:13:09,119
He was more desperate
just then.
303
00:13:09,152 --> 00:13:11,555
Did you see it?
304
00:13:11,588 --> 00:13:13,557
He's going down again...
305
00:13:13,590 --> 00:13:17,393
this time with nothing
to appeal.
306
00:13:22,232 --> 00:13:27,203
You know, I keep thinking
it'll all get corrected.
307
00:13:27,237 --> 00:13:30,941
They've made
this terrible mistake,
308
00:13:30,974 --> 00:13:33,443
and this is the land
of truth and justice,
309
00:13:33,476 --> 00:13:35,946
it'll all get cleared up.
310
00:13:35,979 --> 00:13:38,481
But here I am.
311
00:13:38,514 --> 00:13:42,485
REPORTER: The thinking is
for you to get acquitted,
312
00:13:42,518 --> 00:13:45,488
it'll come down
to your testimony.
313
00:13:45,521 --> 00:13:47,457
Yeah, I know this.
314
00:13:47,490 --> 00:13:49,325
I know this.
315
00:13:51,327 --> 00:13:53,329
Are you scared?
316
00:13:56,066 --> 00:13:59,469
It's way beyond that now.
317
00:13:59,502 --> 00:14:01,471
BOBBY:
I think that's enough.
318
00:14:01,504 --> 00:14:03,574
REPORTER: The arrangement
is complete access.
319
00:14:03,607 --> 00:14:06,042
Well, that's all.
You'll have to leave.
320
00:14:06,076 --> 00:14:07,443
Bobby, Kyle Barrett
isn't testifying.
321
00:14:07,477 --> 00:14:09,245
Why?
322
00:14:09,279 --> 00:14:11,147
Bay just notified the court
they're resting. We're up.
323
00:14:11,181 --> 00:14:12,182
Well, call Dr. Murphy.
He's going to--
324
00:14:12,215 --> 00:14:13,483
I did.
He's on his way.
325
00:14:13,516 --> 00:14:15,351
Why isn't her brother
testifying?
326
00:14:15,385 --> 00:14:17,353
I don't need him.
327
00:14:17,387 --> 00:14:19,022
Plus, he'd get peeled
like an onion up there.
328
00:14:19,055 --> 00:14:20,523
He's a liability.
329
00:14:20,557 --> 00:14:22,959
REPORTER:
I thought you said
he was telling the truth.
330
00:14:22,993 --> 00:14:24,260
I never said that.
331
00:14:24,294 --> 00:14:26,262
I only said I don't know
if he's lying.
332
00:14:26,296 --> 00:14:28,532
That sounds
a little questionable.
333
00:14:28,565 --> 00:14:30,701
Hey, question away.
334
00:14:30,734 --> 00:14:33,704
I only put on the witnesses
I think will help me win.
335
00:14:33,737 --> 00:14:35,471
Kyle Barrett doesn't qualify.
336
00:14:35,505 --> 00:14:37,107
But this is the witness
337
00:14:37,140 --> 00:14:39,075
who got you the conviction
in the first trial.
338
00:14:39,109 --> 00:14:41,545
In the first trial,
I didn't have the video.
339
00:14:41,578 --> 00:14:44,314
Scott Wallace was suffering
from clinical depression.
340
00:14:44,347 --> 00:14:47,117
Were you able to determine
the cause, doctor?
341
00:14:47,150 --> 00:14:48,585
Twin positional traumas.
342
00:14:48,619 --> 00:14:50,954
The first
was his wife's death.
343
00:14:50,987 --> 00:14:53,957
The second, his being accused
of that death.
344
00:14:53,990 --> 00:14:55,391
Doctor, you recommended
345
00:14:55,425 --> 00:14:58,428
that Scott Wallace
be hospitalized, did you not?
346
00:14:58,461 --> 00:14:59,429
I did.
347
00:14:59,462 --> 00:15:00,964
Can you tell us why?
348
00:15:00,997 --> 00:15:02,966
I found him
to be very close
349
00:15:02,999 --> 00:15:04,968
to a complete
mental breakdown.
350
00:15:05,001 --> 00:15:06,603
Doctor, you've seen
this tape before.
351
00:15:06,637 --> 00:15:09,606
I want to play you
a small portion again.
352
00:15:09,640 --> 00:15:12,676
HELEN:
...look like a suicide.
353
00:15:12,709 --> 00:15:16,947
That's what happened,
isn't it?
354
00:15:19,616 --> 00:15:22,418
You've heard the prosecution
characterize that moment
355
00:15:22,452 --> 00:15:25,689
as an admission of guilt
by Scott Wallace.
356
00:15:25,722 --> 00:15:27,624
I think that conclusion
357
00:15:27,658 --> 00:15:29,525
is as dangerous
as it is absurd.
358
00:15:29,560 --> 00:15:32,262
He'd only just discovered
within the last two hours
359
00:15:32,295 --> 00:15:33,697
that his wife was dead,
360
00:15:33,730 --> 00:15:35,999
then he's taken down
to the police station,
361
00:15:36,032 --> 00:15:38,468
he's hit with the accusation
that he murdered her.
362
00:15:38,501 --> 00:15:41,171
To a guilty man, that wouldn't
be as much of a shock,
363
00:15:41,204 --> 00:15:43,173
but to an innocent one,
364
00:15:43,206 --> 00:15:45,008
that could cause the very trauma
I'm talking about.
365
00:15:45,041 --> 00:15:46,276
And when he dropped
his head...
366
00:15:46,309 --> 00:15:47,644
It was in shock.
367
00:15:47,678 --> 00:15:52,315
That was likely
the beginning of his breakdown.
368
00:15:52,348 --> 00:15:54,450
You can state that
for a medical certainty?
369
00:15:54,484 --> 00:15:56,152
No, but--
370
00:15:56,186 --> 00:15:58,388
And you were not in the room
at the time, were you, doctor?
371
00:15:58,421 --> 00:16:00,056
No, I was not.
372
00:16:00,090 --> 00:16:02,559
But if that makes me
incapable of drawing
a conclusion
373
00:16:02,593 --> 00:16:04,595
on the basis of
the video tape,
374
00:16:04,628 --> 00:16:06,329
why are you asking the jury
to do so?
375
00:16:06,362 --> 00:16:08,732
You spoke of
twin positional traumas,
376
00:16:08,765 --> 00:16:11,267
one of those traumas being
the loss of his wife.
377
00:16:11,301 --> 00:16:13,169
Yes?
378
00:16:13,203 --> 00:16:14,705
For this to be so,
379
00:16:14,738 --> 00:16:17,173
he would have to have loved
his wife very deeply, I assume.
380
00:16:17,207 --> 00:16:19,075
And he did,
from my observations.
381
00:16:19,109 --> 00:16:21,244
Well, if this wife
who he loved deeply
382
00:16:21,277 --> 00:16:23,113
told him
she was leaving him,
383
00:16:23,146 --> 00:16:26,082
-couldn't that be traumatic?
-Certainly.
384
00:16:26,116 --> 00:16:28,051
Is it possible that's when
this mental breakdown started--
385
00:16:28,084 --> 00:16:29,720
when she said
she was leaving him?
386
00:16:29,753 --> 00:16:32,188
I suppose it's possible,
but I don't think likely.
387
00:16:32,222 --> 00:16:34,290
Doctor, according
to your diagnosis,
388
00:16:34,324 --> 00:16:35,726
you said Scott Wallace
389
00:16:35,759 --> 00:16:38,394
was in danger of becoming
psychotic, didn't you?
390
00:16:38,428 --> 00:16:41,131
He never became psychotic,
Mr. Bay.
391
00:16:45,101 --> 00:16:47,437
Sometimes when you get
a tough witness,
392
00:16:47,470 --> 00:16:50,440
you take what you can get
and sit the hell down.
393
00:16:50,473 --> 00:16:52,175
I thought I handled him well.
394
00:16:52,208 --> 00:16:54,344
REPORTER: And now you have
the victim's psychiatrist.
395
00:16:54,377 --> 00:16:55,712
I'm not afraid of him.
396
00:16:55,746 --> 00:16:57,347
How can you not be?
397
00:16:57,380 --> 00:16:59,282
He's going to testify
that she was depressed.
398
00:16:59,315 --> 00:17:01,284
He'll say depressed,
then on cross,
399
00:17:01,317 --> 00:17:04,487
I'll get him to say
she wasn't suicidal,
then on redirect,
400
00:17:04,520 --> 00:17:07,190
Bobby will claim he has motive
to say she wasn't suicidal
401
00:17:07,223 --> 00:17:09,626
so he doesn't have her blood
on his hands.
402
00:17:09,660 --> 00:17:11,294
It's vintage Bobby Donnell.
403
00:17:11,327 --> 00:17:12,663
He gets a witness to help him,
then he hangs him out.
404
00:17:12,696 --> 00:17:14,130
You watch.
405
00:17:14,164 --> 00:17:16,132
You seem a little more
agitated now.
406
00:17:16,166 --> 00:17:18,134
I'm not agitated.
This is adrenaline.
407
00:17:18,168 --> 00:17:19,836
It's a fight. This--
408
00:17:19,870 --> 00:17:21,605
I'm not agitated.
409
00:17:21,638 --> 00:17:24,608
My little informal poll
in the gallery--
410
00:17:24,641 --> 00:17:26,677
they think you're losing.
411
00:17:26,710 --> 00:17:28,311
I'm not losing.
412
00:17:28,344 --> 00:17:30,313
Why would people
think you are?
413
00:17:30,346 --> 00:17:32,616
Because with galleries,
it's about popularity.
414
00:17:32,649 --> 00:17:34,585
Bobby Donnell
is good-looking.
415
00:17:34,618 --> 00:17:37,153
With juries,
it's about weighing evidence,
416
00:17:37,187 --> 00:17:38,889
and they'll do that.
417
00:17:38,922 --> 00:17:41,291
I'm not losing.
418
00:17:42,659 --> 00:17:45,195
What were you
treating Karen Wallace for?
419
00:17:45,228 --> 00:17:46,730
Anxiety, depression.
420
00:17:46,763 --> 00:17:48,131
Depression?
421
00:17:48,164 --> 00:17:49,299
Yes.
422
00:17:49,332 --> 00:17:51,301
What was she
depressed over?
423
00:17:51,334 --> 00:17:52,836
Mainly her marriage.
424
00:17:52,869 --> 00:17:55,205
She felt
it was rather loveless.
425
00:17:55,238 --> 00:17:56,907
Also her life.
426
00:17:56,940 --> 00:17:59,375
Did you regard her
as suicidal?
427
00:17:59,409 --> 00:18:00,777
No, I did not.
428
00:18:00,811 --> 00:18:03,379
But, doctor, now that
she's turned up dead,
429
00:18:03,413 --> 00:18:06,249
do you now think
perhaps she was suicidal?
430
00:18:06,282 --> 00:18:08,384
No, I do not.
431
00:18:08,418 --> 00:18:11,221
Many people experience
depression and hopelessness.
432
00:18:11,254 --> 00:18:13,523
That doesn't mean
they take their lives.
433
00:18:13,557 --> 00:18:16,526
I mean, the very reason that
Mrs. Wallace had come to me
434
00:18:16,560 --> 00:18:19,162
was to improve things.
She was looking forward.
435
00:18:19,195 --> 00:18:21,164
I don't believe at all
that she had the mental state
436
00:18:21,197 --> 00:18:22,666
to take her own life.
437
00:18:22,699 --> 00:18:24,668
How did it make you feel
438
00:18:24,701 --> 00:18:27,671
to learn that a patient you
had been treating for depression
439
00:18:27,704 --> 00:18:29,339
killed herself?
440
00:18:29,372 --> 00:18:31,542
Obviously, it was
distressing to hear it.
441
00:18:31,575 --> 00:18:34,177
Certainly a person
experiencing hopelessness,
442
00:18:34,210 --> 00:18:36,547
suffering depression,
found dead from
monoxide poisoning
443
00:18:36,580 --> 00:18:40,183
with a hose connected to
the exhaust pipe of the car--
444
00:18:40,216 --> 00:18:43,554
you had to wonder
if maybe she did kill herself.
445
00:18:43,587 --> 00:18:45,956
Didn't you
at least wonder, doctor?
446
00:18:45,989 --> 00:18:47,691
I wondered,
447
00:18:47,724 --> 00:18:50,293
but I still don't believe
she took her life.
448
00:18:50,326 --> 00:18:52,495
Well, if it were foreseeable
that she might take her life
449
00:18:52,528 --> 00:18:53,964
and you did nothing,
450
00:18:53,997 --> 00:18:56,366
you might be held liable,
isn't that right, doctor?
451
00:18:56,399 --> 00:18:58,902
What are you saying,
Mr. Donnell?
452
00:18:58,935 --> 00:19:01,805
I'm saying you have motive
to deny she was suicidal.
453
00:19:01,838 --> 00:19:03,439
Objection-- leading.
454
00:19:03,473 --> 00:19:05,542
After she's found dead,
you don't even
455
00:19:05,576 --> 00:19:07,811
notify the police
that you were treating her?
456
00:19:07,844 --> 00:19:09,813
-No.
-What were you
trying to hide?
457
00:19:09,846 --> 00:19:11,748
-Objection.
-Permission to treat
the witness as hostile.
458
00:19:11,782 --> 00:19:13,750
-Objection.
-Overruled.
459
00:19:13,784 --> 00:19:14,985
Why not come forward
to anybody and say,
460
00:19:15,018 --> 00:19:17,220
"Hey, I was treating her"?
461
00:19:17,253 --> 00:19:18,722
-There's a privilege.
-Which does not survive
the patient's death.
462
00:19:18,755 --> 00:19:20,390
You were trying
to hide the fact
463
00:19:20,423 --> 00:19:21,825
that you were treating her
464
00:19:21,858 --> 00:19:23,560
because you knew she was
potentially suicidal.
465
00:19:23,594 --> 00:19:25,295
Objection!
It's argumentative...
466
00:19:25,328 --> 00:19:27,497
I knew nothing of the sort.
Mrs. Wallace--
467
00:19:27,530 --> 00:19:29,499
-Your honor --
-Just like you are now.
You let this man go down...
468
00:19:29,533 --> 00:19:31,301
because you were afraid
of being hit with a judgment.
469
00:19:31,334 --> 00:19:34,605
All right!
Mr. Donnell, dial it back.
470
00:19:37,874 --> 00:19:39,576
REPORTER: Did you tell
that witness
471
00:19:39,610 --> 00:19:41,578
you would be
going after him like that?
472
00:19:41,612 --> 00:19:43,246
-No.
-Because...
473
00:19:43,279 --> 00:19:45,949
Because I needed him, and he
never would have cooperated
474
00:19:45,982 --> 00:19:47,584
knowing what he was in for.
475
00:19:47,618 --> 00:19:49,385
Why didn't you just call him
as a hostile witness
476
00:19:49,419 --> 00:19:50,921
to begin with?
477
00:19:50,954 --> 00:19:53,824
Because I knew I'd get more
out of him this way.
478
00:19:53,857 --> 00:19:56,392
First as an ally
and then blind-siding him?
479
00:19:56,426 --> 00:19:59,295
I don't think
I blind-sided him, but...yes.
480
00:19:59,329 --> 00:20:01,397
Don't you think
that perpetuates
481
00:20:01,431 --> 00:20:03,567
the very distrust
you spoke of before
482
00:20:03,600 --> 00:20:05,702
between D. A. s
and defense attorneys?
483
00:20:05,736 --> 00:20:07,771
My goal here isn't
to repair trust.
484
00:20:07,804 --> 00:20:09,773
It's to get an acquittal.
485
00:20:09,806 --> 00:20:12,609
And you're comfortable
with yourself?
486
00:20:12,643 --> 00:20:14,745
Yes.
487
00:20:15,979 --> 00:20:16,980
ELLENOR: The truth is,
488
00:20:17,013 --> 00:20:18,615
he isn't comfortable,
489
00:20:18,649 --> 00:20:22,285
and when he and Lindsay
have this baby,
490
00:20:22,318 --> 00:20:24,655
it's going to be
the beginning of the end
491
00:20:24,688 --> 00:20:26,657
of his criminal defense
days.
492
00:20:26,690 --> 00:20:28,925
REPORTER: Why?
493
00:20:28,959 --> 00:20:32,829
Because with Bobby,
this job is who he is,
494
00:20:32,863 --> 00:20:35,398
and when he starts
to see himself
495
00:20:35,431 --> 00:20:40,303
through his son's eyes
or his daughter's eyes,
496
00:20:40,336 --> 00:20:42,706
forget it. It's over.
497
00:20:45,576 --> 00:20:47,911
It's gone as well as
we could have expected.
498
00:20:47,944 --> 00:20:50,547
That videotape is still
the biggest piece of evidence,
499
00:20:50,581 --> 00:20:52,916
and you'll have
to account for it.
500
00:20:52,949 --> 00:20:54,551
I understand.
501
00:20:54,585 --> 00:20:56,853
Just tell the truth,
Scott.
502
00:20:56,887 --> 00:20:59,422
The truth is
on our side here.
503
00:20:59,455 --> 00:21:01,457
Yeah.
504
00:21:01,491 --> 00:21:03,694
Uh, you want to go over
my testimony again or...
505
00:21:03,727 --> 00:21:05,696
Actually, I prefer not to.
506
00:21:05,729 --> 00:21:08,364
I don't want it
coming off rehearsed.
507
00:21:10,000 --> 00:21:12,703
Now, Richard Bay--
508
00:21:12,736 --> 00:21:15,438
he's going to come at you
all rabid.
509
00:21:15,471 --> 00:21:16,873
That's his style.
510
00:21:16,907 --> 00:21:19,876
I can protect you,
but I prefer not to.
511
00:21:19,910 --> 00:21:21,444
I can handle him.
512
00:21:21,477 --> 00:21:22,846
Lastly,
513
00:21:22,879 --> 00:21:24,848
your anger
towards your wife
514
00:21:24,881 --> 00:21:26,850
for what she did to you--
515
00:21:26,883 --> 00:21:28,852
let's play that down
tomorrow.
516
00:21:28,885 --> 00:21:31,622
We don't want them
seeing anger.
517
00:21:31,655 --> 00:21:33,023
Okay.
518
00:21:36,392 --> 00:21:38,629
You all right, Scott?
519
00:21:38,662 --> 00:21:40,463
I'm nervous.
520
00:21:40,496 --> 00:21:42,766
Other than that...
521
00:21:50,674 --> 00:21:53,644
REPORTER: You look scared.
522
00:21:53,677 --> 00:21:57,380
This has been
a long haul.
523
00:21:57,413 --> 00:22:01,752
Have you seen any good
appeal issues so far?
524
00:22:01,785 --> 00:22:04,020
No.
525
00:22:04,054 --> 00:22:06,657
That's the thing
about Judge Hiller.
526
00:22:06,690 --> 00:22:09,392
Her trials
don't get overturned.
527
00:22:09,425 --> 00:22:12,663
So basically
if you don't win here,
528
00:22:12,696 --> 00:22:15,732
Scott Wallace
is never coming out.
529
00:22:28,257 --> 00:22:29,199
REPORTER:
Were you surprised
530
00:22:29,231 --> 00:22:30,614
Bobby said yes
to the cameras?
531
00:22:30,647 --> 00:22:33,016
Not really. If he loses,
he hopes you catch
532
00:22:33,049 --> 00:22:35,018
some prosecutorial misconduct
on tape,
533
00:22:35,051 --> 00:22:36,853
give him grounds for appeal.
534
00:22:36,887 --> 00:22:38,622
What if he wins,
535
00:22:38,655 --> 00:22:41,024
and Richard Bay spots
misconduct on Bobby's part?
536
00:22:41,057 --> 00:22:42,626
Doesn't matter.
Double jeopardy.
537
00:22:42,659 --> 00:22:45,495
Not guilty is not guilty.
538
00:22:45,528 --> 00:22:48,532
(reporters shouting questions)
539
00:22:52,903 --> 00:22:53,970
No comment.
540
00:22:54,004 --> 00:22:55,706
Bay's got
the monitors set up.
541
00:22:55,739 --> 00:22:56,740
It looks like he plans
to show the tape again.
542
00:22:56,773 --> 00:22:58,141
What a shock.
You tell Scott?
543
00:22:58,174 --> 00:23:00,043
He's ready.
544
00:23:00,076 --> 00:23:03,046
SCOTT: She just announced
that she planned to leave me.
545
00:23:03,079 --> 00:23:05,048
BOBBY: Did you see
this coming?
546
00:23:05,081 --> 00:23:07,618
Not at all.
We'd had our problems,
547
00:23:07,651 --> 00:23:09,620
and I knew
she was unhappy,
548
00:23:09,653 --> 00:23:12,022
but I never expected her
to walk out.
549
00:23:12,055 --> 00:23:14,124
Did you want
to stay married?
550
00:23:14,157 --> 00:23:18,595
Yes. I asked if we could
get therapy.
551
00:23:18,629 --> 00:23:20,597
She said it was too late.
552
00:23:20,631 --> 00:23:22,498
She'd already made up
her mind,
553
00:23:22,533 --> 00:23:26,236
and she said that she wanted
to live life without me.
554
00:23:26,269 --> 00:23:29,540
She, uh, she said
it had been years
555
00:23:29,573 --> 00:23:33,644
since she felt the slightest
twinge of happiness with me.
556
00:23:33,677 --> 00:23:36,046
I mean, that was
how she put it--
557
00:23:36,079 --> 00:23:38,181
"the slightest twinge,"
558
00:23:38,214 --> 00:23:41,084
and she said she wanted out.
559
00:23:41,117 --> 00:23:42,786
And then what happened?
560
00:23:42,819 --> 00:23:44,520
We argued.
561
00:23:44,555 --> 00:23:48,959
Uh, we engaged
in some name-calling.
562
00:23:48,992 --> 00:23:51,161
Did you call her a liar?
563
00:23:51,194 --> 00:23:54,698
Among other things, yeah.
564
00:23:54,731 --> 00:23:57,067
Then I went upstairs
to the bedroom,
565
00:23:57,100 --> 00:23:59,903
got ready for bed,
and watched TV.
566
00:23:59,936 --> 00:24:01,905
Your wife tells you
she's leaving you,
567
00:24:01,938 --> 00:24:03,506
and you watch television?
568
00:24:03,540 --> 00:24:05,241
Well, I had hoped
that when she came up
569
00:24:05,275 --> 00:24:07,510
after things calmed down
a little bit,
570
00:24:07,544 --> 00:24:10,947
that I could, you know,
maybe talk her out of it.
571
00:24:10,981 --> 00:24:12,515
So what happened?
572
00:24:12,549 --> 00:24:14,150
Well, I waited.
573
00:24:14,184 --> 00:24:16,152
After about an hour
and a half,
574
00:24:16,186 --> 00:24:18,689
she still hadn't
come up,
575
00:24:18,722 --> 00:24:21,057
so I figured
she'd probably had a drink
576
00:24:21,091 --> 00:24:23,694
and decided to sleep
on the couch.
577
00:24:23,727 --> 00:24:27,230
So I went down and, uh,
she wasn't there.
578
00:24:27,263 --> 00:24:29,800
I thought, well,
maybe she left,
579
00:24:29,833 --> 00:24:33,537
but I thought I would have
heard the car pull out.
580
00:24:33,570 --> 00:24:38,241
So, uh, I went to check,
581
00:24:38,274 --> 00:24:39,876
and, uh,
582
00:24:39,910 --> 00:24:45,816
uh, when I opened the door
to the garage,
583
00:24:45,849 --> 00:24:48,819
uh, I just smelled
the exhaust,
584
00:24:48,852 --> 00:24:51,555
and it was all smoky in there.
585
00:24:51,588 --> 00:24:54,558
And then what?
586
00:24:54,591 --> 00:24:55,992
I went in,
587
00:24:56,026 --> 00:24:58,995
and, uh, I had to open
the garage door
588
00:24:59,029 --> 00:25:01,565
because I couldn't
breathe the exhaust,
589
00:25:01,598 --> 00:25:06,603
and, uh, and I saw
the hose.
590
00:25:11,975 --> 00:25:13,076
Mr. Wallace?
591
00:25:13,109 --> 00:25:15,078
It was a garden hose.
592
00:25:15,111 --> 00:25:17,748
It was taped
to the exhaust
593
00:25:17,781 --> 00:25:20,283
at the exhaust pipe
of the car,
594
00:25:20,316 --> 00:25:23,587
and, uh, the car
was running,
595
00:25:23,620 --> 00:25:28,592
and it-- the hose
went into the front window.
596
00:25:28,625 --> 00:25:30,594
What did you do then?
597
00:25:30,627 --> 00:25:32,696
I ran to the car.
598
00:25:32,729 --> 00:25:35,098
I opened the door,
and there she was.
599
00:25:35,131 --> 00:25:38,769
She, uh, her head was back
and her eyes were closed,
600
00:25:38,802 --> 00:25:41,705
and she wasn't breathing.
601
00:25:41,738 --> 00:25:44,040
It looked like
she was sleeping.
602
00:25:44,074 --> 00:25:49,613
Uh, I screamed "Karen"
and I shook her.
603
00:25:49,646 --> 00:25:52,048
She wouldn't wake up,
and I pulled her out.
604
00:25:52,082 --> 00:25:55,619
She fell,
605
00:25:55,652 --> 00:26:00,156
and, uh, I tried giving her
mouth-to-mouth
606
00:26:00,190 --> 00:26:02,793
and chest compressions,
but she wasn't breathing.
607
00:26:02,826 --> 00:26:05,629
She didn't have a pulse.
608
00:26:05,662 --> 00:26:10,066
I, uh,
609
00:26:10,100 --> 00:26:14,270
kept, uh, you know,
holding her nose closed
610
00:26:14,304 --> 00:26:16,907
and trying to blow air
into her lungs,
611
00:26:16,940 --> 00:26:19,109
but she wouldn't come back.
612
00:26:20,844 --> 00:26:23,346
She wouldn't come back.
613
00:26:23,379 --> 00:26:25,882
And when the police
arrived,
614
00:26:25,916 --> 00:26:28,018
did you tell them
all this?
615
00:26:28,051 --> 00:26:29,252
Yeah, yeah.
616
00:26:29,285 --> 00:26:33,657
Uh, they asked me
to come to the station.
617
00:26:33,690 --> 00:26:35,659
Scott, on that videotape,
618
00:26:35,692 --> 00:26:39,930
when they accused you
of killing Karen,
619
00:26:39,963 --> 00:26:43,199
why didn't you deny it?
620
00:26:43,233 --> 00:26:48,304
I don't think I could believe
what I was even hearing.
621
00:26:48,338 --> 00:26:52,208
I mean, I, uh, I still
couldn't believe she was dead,
622
00:26:52,242 --> 00:26:57,113
and then some district attorney
was saying that I killed her?
623
00:26:57,147 --> 00:26:59,950
I remember feeling nauseous,
624
00:26:59,983 --> 00:27:02,919
like I was gonna black out.
625
00:27:02,953 --> 00:27:05,321
I'm going to give you
another chance
626
00:27:05,355 --> 00:27:07,891
to answer that question.
627
00:27:10,426 --> 00:27:13,930
Did you kill your wife?
628
00:27:13,964 --> 00:27:16,432
No.
629
00:27:21,304 --> 00:27:22,873
I'm sorry.
630
00:27:22,906 --> 00:27:25,876
It's just for a--
for six months,
631
00:27:25,909 --> 00:27:29,846
you have been asking me
not to speak to anyone,
632
00:27:29,880 --> 00:27:31,314
and I never have,
633
00:27:31,347 --> 00:27:37,153
and I've waited for this day
to come before everyone
634
00:27:37,187 --> 00:27:42,726
and finally say
I didn't kill her.
635
00:27:42,759 --> 00:27:46,029
I did not commit
any crime.
636
00:27:51,535 --> 00:27:53,036
Thank you.
637
00:28:14,324 --> 00:28:15,926
You're
an investment banker.
638
00:28:15,959 --> 00:28:17,828
Is that correct,
Mr. Wallace?
639
00:28:17,861 --> 00:28:19,129
Yes, that's right.
640
00:28:19,162 --> 00:28:20,764
In the month or so
641
00:28:20,797 --> 00:28:22,766
prior to your wife's
sudden death,
642
00:28:22,799 --> 00:28:25,201
how were things
going for you at work?
643
00:28:25,235 --> 00:28:27,203
It had--
it had been rough.
644
00:28:27,237 --> 00:28:29,305
The market was off.
645
00:28:29,339 --> 00:28:32,042
Had you been told
you might be let go?
646
00:28:32,075 --> 00:28:34,410
Well, my firm
was scaling back, yes.
647
00:28:34,444 --> 00:28:37,013
I was told that
my position was tenuous.
648
00:28:37,047 --> 00:28:40,551
How about your own
personal assets?
649
00:28:40,584 --> 00:28:42,553
You suffered some losses,
hadn't you?
650
00:28:42,586 --> 00:28:45,021
A few, yes.
651
00:28:45,055 --> 00:28:47,023
At the time
of your wife's sudden death
652
00:28:47,057 --> 00:28:48,892
you were nearly broke,
weren't you, sir?
653
00:28:48,925 --> 00:28:51,161
Well, I would hardly say
I was broke, Mr. Bay.
654
00:28:51,194 --> 00:28:53,063
I did live in
a million-dollar house.
655
00:28:53,096 --> 00:28:54,865
Fully paid for?
656
00:28:54,898 --> 00:28:57,300
No. We had a mortgage
of about $400,000.
657
00:28:57,333 --> 00:28:59,235
Any other assets?
658
00:28:59,269 --> 00:29:02,573
Uh, my savings,
some stocks.
659
00:29:02,606 --> 00:29:05,308
Totaling more or less
than $50,000
660
00:29:05,341 --> 00:29:08,511
at the time of your wife's
sudden death?
661
00:29:08,545 --> 00:29:11,081
At the exact time, less,
but stocks have a--
662
00:29:11,114 --> 00:29:12,515
Thank you, sir.
663
00:29:12,549 --> 00:29:15,085
So at the time
of your wife's sudden death,
664
00:29:15,118 --> 00:29:17,888
your assets totaled
about $650,000.
665
00:29:17,921 --> 00:29:20,323
A divorce would have
cut that in half.
666
00:29:20,356 --> 00:29:22,893
Add to that attorney fees
plus alimony,
667
00:29:22,926 --> 00:29:24,828
plus you were looking
at unemployment.
668
00:29:24,861 --> 00:29:27,530
Did you have a life insurance
policy on your wife
669
00:29:27,564 --> 00:29:29,365
at the time
of her sudden death?
670
00:29:29,399 --> 00:29:31,201
-Objection.
-JUDGE HILLER: Overruled.
671
00:29:31,234 --> 00:29:32,936
Did you, sir?
672
00:29:32,969 --> 00:29:35,539
There were life insurance
policies for both of us.
673
00:29:35,572 --> 00:29:37,541
The policy was to pay you
over $1 million
674
00:29:37,574 --> 00:29:39,543
in the event of her death.
Isn't that correct?
675
00:29:39,576 --> 00:29:41,612
Yes.
676
00:29:41,645 --> 00:29:44,014
When did you renew
that policy, sir?
677
00:29:44,047 --> 00:29:45,381
We both renewed them--
678
00:29:45,415 --> 00:29:48,018
When did you both renew
that policy?
679
00:29:48,051 --> 00:29:50,220
Oh, I think it was
around May.
680
00:29:50,253 --> 00:29:54,024
Approximately a month
before her sudden death.
681
00:29:54,057 --> 00:29:57,293
Did you kill your wife
for money, sir?
682
00:29:57,327 --> 00:29:58,862
No, I did not.
683
00:29:58,895 --> 00:30:01,364
Gee, you seem capable
of denying it now.
684
00:30:01,397 --> 00:30:03,499
-Objection.
-Sustained.
685
00:30:03,534 --> 00:30:05,135
You've got a suicidal woman
on your hands.
686
00:30:05,168 --> 00:30:06,637
You get into a big fight,
687
00:30:06,670 --> 00:30:08,471
and you go upstairs
and watch television?
688
00:30:08,504 --> 00:30:10,473
Well, I didn't know
she was on the verge
689
00:30:10,506 --> 00:30:11,975
of taking her life,
690
00:30:12,008 --> 00:30:13,409
and, hey, I was angry
that night, too.
691
00:30:13,443 --> 00:30:14,978
-Angry enough
to kill her?
-No.
692
00:30:15,011 --> 00:30:16,512
Angry enough to have
a mental breakdown?
693
00:30:16,547 --> 00:30:19,249
Angry enough to have
a mental breakdown, sir?
694
00:30:19,282 --> 00:30:21,985
Objection. Calls for
a medical opinion.
695
00:30:22,018 --> 00:30:23,519
I'll put it
in layman's terms.
696
00:30:23,554 --> 00:30:26,389
-Angry enough to snap?
-No.
697
00:30:26,422 --> 00:30:28,391
You're about
to lose your job.
698
00:30:28,424 --> 00:30:30,226
You've already lost
your money.
699
00:30:30,260 --> 00:30:32,062
Now you're hit with losing
your wife, your house.
700
00:30:32,095 --> 00:30:33,964
You weren't going to let that
happen, were you, Mr. Wallace?
701
00:30:33,997 --> 00:30:35,666
-But that's not
the way it happened.
-You snapped.
702
00:30:35,699 --> 00:30:38,001
-I did not.
-You hit her
from behind.
703
00:30:38,034 --> 00:30:40,070
-I never hit my wife.
-You cracked when you
knew you were caught.
704
00:30:40,103 --> 00:30:41,137
-I didn't.
I did no such thing.
-We saw the tape.
705
00:30:41,171 --> 00:30:42,138
I explained--
706
00:30:42,172 --> 00:30:43,674
You killed your wife--
707
00:30:43,707 --> 00:30:45,175
I did not!
708
00:30:50,446 --> 00:30:53,016
Are you about to get
violent, Mr. Wallace?
709
00:30:53,049 --> 00:30:54,017
BOTH: Objection!
710
00:30:54,050 --> 00:30:56,086
Withdrawn.
711
00:30:56,119 --> 00:30:57,554
Nothing further.
712
00:30:59,956 --> 00:31:02,158
BOBBY: Chambers,
your honor.
713
00:31:02,192 --> 00:31:03,159
It's bad faith.
714
00:31:03,193 --> 00:31:04,260
-Why?
-Bad faith?
715
00:31:04,294 --> 00:31:05,495
Never, ever
in the first trial
716
00:31:05,528 --> 00:31:07,030
did they suggest
financial gain as motive.
717
00:31:07,063 --> 00:31:08,531
None of the police ever
said it. Now suddenly--
718
00:31:08,565 --> 00:31:09,533
So what?
719
00:31:09,566 --> 00:31:11,167
You decide on a new motive
720
00:31:11,201 --> 00:31:12,435
between the first
and the second trial.
721
00:31:12,468 --> 00:31:14,104
Why can't I?
722
00:31:14,137 --> 00:31:15,939
Without any new evidence
that amounts to unfair surprise.
723
00:31:15,972 --> 00:31:17,373
You got to be kidding me!
724
00:31:17,407 --> 00:31:19,209
You can't just fabricate
a new motive.
725
00:31:19,242 --> 00:31:20,944
All right. Bobby, there is
nothing to prevent
726
00:31:20,977 --> 00:31:22,445
the prosecution
from changing strategies.
727
00:31:22,478 --> 00:31:24,047
At a minimum, it's bad faith.
728
00:31:24,080 --> 00:31:25,949
If he truly believes
that money was a motive,
729
00:31:25,982 --> 00:31:27,951
they would have argued it
in the first trial.
730
00:31:27,984 --> 00:31:29,953
I didn't try the first one.
Helen Gamble did.
731
00:31:29,986 --> 00:31:31,221
Oh, come on, Richard.
732
00:31:31,254 --> 00:31:32,723
What are you asking for?
733
00:31:32,756 --> 00:31:35,225
The commonwealth does not have
a good faith belief
734
00:31:35,258 --> 00:31:37,227
in its motive theory,
and to spring it
735
00:31:37,260 --> 00:31:39,663
at a second trial
constitutes unfair surprise,
736
00:31:39,696 --> 00:31:41,598
and I'm asking
that it be stricken.
737
00:31:41,632 --> 00:31:43,734
-Forget it.
-Your honor--
738
00:31:43,767 --> 00:31:45,669
Don't even waste
my time, Bobby.
739
00:31:45,702 --> 00:31:48,572
You don't know what Mr. Bay
does or does not believe.
740
00:31:48,605 --> 00:31:51,642
They are not bound by
the strategy of the first trial.
741
00:31:51,675 --> 00:31:53,644
REPORTER:
Do you believe it--
742
00:31:53,677 --> 00:31:55,646
that he killed her
for money?
743
00:31:55,679 --> 00:31:57,648
I certainly don't know
that he didn't.
744
00:31:57,681 --> 00:31:59,282
That wasn't my question.
745
00:31:59,315 --> 00:32:01,284
You're not asking
a question.
746
00:32:01,317 --> 00:32:04,287
You're making an accusation,
and I'm getting sick of it.
747
00:32:04,320 --> 00:32:06,289
The idea of giving you
access was to let you observe.
748
00:32:06,322 --> 00:32:08,224
It wasn't for you
to charge in here with opinions.
749
00:32:08,258 --> 00:32:09,993
Was I doing that?
750
00:32:10,026 --> 00:32:12,763
Yes, you've been doing that,
and I'm getting fed up.
751
00:32:12,796 --> 00:32:14,765
You want to point
your damn cameras, fine,
752
00:32:14,798 --> 00:32:18,334
but enough
with the judgments.
753
00:32:18,368 --> 00:32:21,572
REPORTER: What are you
thinking right now?
754
00:32:21,605 --> 00:32:24,541
I'm thinking this is why
you shouldn't represent people
755
00:32:24,575 --> 00:32:27,544
you feel emotionally--
756
00:32:27,578 --> 00:32:29,445
family members, friends.
757
00:32:29,479 --> 00:32:32,015
The best legal advice
you can give them
758
00:32:32,048 --> 00:32:34,017
is to hire somebody else.
759
00:32:34,050 --> 00:32:37,287
You think you've tried
a bad case again?
760
00:32:37,320 --> 00:32:40,456
I was caught off-guard
with motive.
761
00:32:40,490 --> 00:32:43,459
I let the jury
see me angry with a witness.
762
00:32:43,493 --> 00:32:44,761
I...
763
00:32:47,230 --> 00:32:50,200
Yeah.
764
00:32:50,233 --> 00:32:51,568
I made some mistakes.
765
00:32:51,602 --> 00:32:53,203
I don't agree.
766
00:32:53,236 --> 00:32:55,471
What do you think,
Lindsay?
767
00:32:55,505 --> 00:32:58,575
I think it's pretty even,
768
00:32:58,609 --> 00:33:01,578
and ties go to the defendants
in this business.
769
00:33:01,612 --> 00:33:04,480
Bobby closes a lot better
than Richard Bay.
770
00:33:04,514 --> 00:33:06,216
This isn't over.
771
00:33:06,249 --> 00:33:08,484
The question I have--
772
00:33:08,518 --> 00:33:12,756
you have a client charged
with a violent, angry crime.
773
00:33:12,789 --> 00:33:16,492
You told him
not to flash anger.
774
00:33:16,526 --> 00:33:18,528
What happened?
775
00:33:25,101 --> 00:33:27,170
I don't know.
776
00:33:43,687 --> 00:33:45,789
When I first became a lawyer,
777
00:33:45,822 --> 00:33:49,392
I used to call my mother
and tell her about my cases.
778
00:33:49,425 --> 00:33:53,664
I'd explain all the intricacies,
and she'd get bored
779
00:33:53,697 --> 00:33:56,166
and snap at me,
"Just nutshell the damn thing."
780
00:33:56,199 --> 00:33:58,769
And I discovered
when I did nutshell,
781
00:33:58,802 --> 00:34:01,337
most of those cases
which I thought
782
00:34:01,371 --> 00:34:06,376
were so complicated
were actually quite simple.
783
00:34:06,409 --> 00:34:10,246
The nutshell on this one--
784
00:34:10,280 --> 00:34:16,119
man in financial trouble
renews insurance policy on wife.
785
00:34:16,152 --> 00:34:19,122
She announces
she's leaving him.
786
00:34:19,155 --> 00:34:23,560
She's found dead with a whack
on the back of the head.
787
00:34:23,594 --> 00:34:25,562
That pretty much says it all.
788
00:34:25,596 --> 00:34:30,466
In the way of proof,
there's certainly a lot more.
789
00:34:30,500 --> 00:34:32,836
All the DNA evidence
points to him.
790
00:34:32,869 --> 00:34:35,405
Not most of it-- all.
791
00:34:35,438 --> 00:34:38,408
Her skin found
under his fingernails,
792
00:34:38,441 --> 00:34:42,679
his skin cells and prints
found on her head and neck.
793
00:34:42,713 --> 00:34:45,381
His admission caught right
on videotape,
794
00:34:45,415 --> 00:34:49,853
his anger displayed
right here on the stand.
795
00:34:49,886 --> 00:34:52,556
His own treating psychiatrist
diagnosed him
796
00:34:52,589 --> 00:34:55,325
borderline psychotic.
797
00:34:56,593 --> 00:35:00,564
She didn't commit suicide.
798
00:35:00,597 --> 00:35:03,834
The psychiatrist who was
treating Karen Wallace--
799
00:35:03,867 --> 00:35:07,437
he told you
she wasn't suicidal.
800
00:35:07,470 --> 00:35:11,708
This woman was murdered.
801
00:35:11,742 --> 00:35:14,444
All the evidence tells you so,
802
00:35:14,477 --> 00:35:18,849
and Scott Wallace...
803
00:35:18,882 --> 00:35:20,851
HELEN: You put her
in the car
804
00:35:20,884 --> 00:35:23,587
to make it look
like a suicide.
805
00:35:23,620 --> 00:35:25,556
That's what happened,
isn't it?
806
00:35:34,898 --> 00:35:37,601
He told you so, too.
807
00:35:37,634 --> 00:35:40,571
Didn't he?
808
00:35:53,917 --> 00:35:56,887
The only reason Scott Wallace
was ever arrested
809
00:35:56,920 --> 00:35:59,756
was that perceived admission.
810
00:35:59,790 --> 00:36:01,892
The DNA evidence,
the head fracture--
811
00:36:01,925 --> 00:36:05,395
all that came from
him trying to save her.
812
00:36:05,428 --> 00:36:07,564
The prosecution's entire case
813
00:36:07,598 --> 00:36:11,635
is his reaction to being
accused of the murder.
814
00:36:11,668 --> 00:36:14,370
It wasn't a normal reaction,
they say.
815
00:36:14,404 --> 00:36:17,908
That's not how people
normally respond.
816
00:36:17,941 --> 00:36:20,744
Have you ever been
in this situation?
817
00:36:20,777 --> 00:36:22,913
Your wife die recently?
818
00:36:22,946 --> 00:36:24,681
Your husband?
819
00:36:24,715 --> 00:36:28,384
Any of you accused
of murdering a spouse
820
00:36:28,418 --> 00:36:31,788
in the immediate wake
of discovering the death?
821
00:36:31,822 --> 00:36:35,659
We're really going to sit here
and discuss normal reactions?
822
00:36:35,692 --> 00:36:37,493
Seems to me
823
00:36:37,527 --> 00:36:40,430
a mental breakdown of some sort
is the most normal.
824
00:36:40,463 --> 00:36:42,933
That's what Dr. Murphy told you
Scott was experiencing.
825
00:36:42,966 --> 00:36:44,601
Scott himself told you that.
826
00:36:44,635 --> 00:36:46,703
He was feeling nauseous
in that interrogation,
827
00:36:46,737 --> 00:36:48,338
about to black out.
828
00:36:48,371 --> 00:36:49,706
As Dr. Murphy said,
829
00:36:49,740 --> 00:36:53,276
he was suffering from
twin positional traumas.
830
00:36:53,309 --> 00:36:56,412
How dare they charge him
with murder
831
00:36:56,446 --> 00:36:58,949
because they didn't like
the way he responded
832
00:36:58,982 --> 00:37:01,051
to being accused?
833
00:37:01,084 --> 00:37:04,555
They better have more than that,
and they don't.
834
00:37:04,588 --> 00:37:06,690
And now--
835
00:37:06,723 --> 00:37:08,692
now the D. A. wants you
to find guilt
836
00:37:08,725 --> 00:37:11,695
because Scott Wallace
got angry in the witness chair.
837
00:37:11,728 --> 00:37:15,298
You saw his rage, didn't you?
Let's convict on that.
838
00:37:15,331 --> 00:37:18,434
First, they arrest him
because he didn't get angry,
839
00:37:18,468 --> 00:37:21,872
and now they want you to convict
because he did.
840
00:37:26,342 --> 00:37:28,712
You know, people ask me
841
00:37:28,745 --> 00:37:33,717
how I can spend my days
being a criminal defense lawyer,
842
00:37:33,750 --> 00:37:35,451
defending guilty people.
843
00:37:35,485 --> 00:37:38,855
Well, I am in this
844
00:37:38,889 --> 00:37:42,325
to defend
the innocent ones,
845
00:37:42,358 --> 00:37:46,529
and there is an innocent one
sitting right over there.
846
00:37:47,898 --> 00:37:50,400
For six months now,
847
00:37:50,433 --> 00:37:53,469
they've kept him locked up.
848
00:37:53,503 --> 00:37:56,006
He couldn't even go
to her funeral.
849
00:37:56,039 --> 00:37:59,342
He's never been to her grave.
850
00:37:59,375 --> 00:38:04,480
They've taken away his life.
851
00:38:04,514 --> 00:38:07,618
Karen Wallace took her own.
852
00:38:07,651 --> 00:38:11,588
The police have taken his.
853
00:38:11,622 --> 00:38:15,058
Enough is enough.
854
00:38:17,060 --> 00:38:22,899
Give freedom back...
855
00:38:22,933 --> 00:38:27,638
to an innocent man.
856
00:38:36,547 --> 00:38:39,983
Nutshell--
857
00:38:40,016 --> 00:38:43,053
borderline psychotic man
in financial trouble
858
00:38:44,182 --> 00:38:49,291
renews insurance policy on wife
a month before her death.
859
00:38:49,693 --> 00:38:51,662
She threatens to leave him.
860
00:38:51,695 --> 00:38:54,397
He's heard screaming at her.
861
00:38:54,430 --> 00:38:59,035
She's found dead
with a fractured skull.
862
00:38:59,069 --> 00:39:01,404
When accused of the crime,
863
00:39:01,437 --> 00:39:05,108
he doesn't even deny it.
864
00:39:13,817 --> 00:39:17,754
REPORTER: You like
Bobby Donnell, personally?
865
00:39:17,788 --> 00:39:19,890
He's a pretty good guy.
866
00:39:19,923 --> 00:39:21,892
It's one thing
for two men
867
00:39:21,925 --> 00:39:23,894
looking
at the same evidence
868
00:39:23,927 --> 00:39:25,629
to have
different opinions,
869
00:39:25,662 --> 00:39:28,031
but you two seem
so convinced
870
00:39:28,064 --> 00:39:30,934
in opposite directions.
871
00:39:32,536 --> 00:39:34,170
D.A.s come to prosecute
872
00:39:34,204 --> 00:39:37,173
those they believe
to be guilty.
873
00:39:37,207 --> 00:39:39,509
Defense attorneys
come to believe
874
00:39:39,543 --> 00:39:41,912
those they choose
to defend.
875
00:39:41,945 --> 00:39:45,816
That certainly makes
the D. A. s sound more noble.
876
00:39:47,217 --> 00:39:48,451
We are.
877
00:39:51,154 --> 00:39:53,123
REPORTER:
Does he usually hibernate
878
00:39:53,156 --> 00:39:55,125
when he waits
for a verdict?
879
00:39:55,158 --> 00:39:57,694
Yeah. Waiting--
it can be a killer.
880
00:39:57,728 --> 00:40:00,664
A lot of lawyers just
go about other business.
881
00:40:00,697 --> 00:40:02,198
Bobby-- he can't.
882
00:40:02,232 --> 00:40:03,800
Aren't there other clients?
883
00:40:03,834 --> 00:40:06,670
Plenty, and he could be
out right now
884
00:40:06,703 --> 00:40:08,204
bringing in new ones.
885
00:40:08,238 --> 00:40:09,806
Bobby Donnell--
886
00:40:09,840 --> 00:40:12,208
if you're looking
to build a law practice,
887
00:40:12,242 --> 00:40:14,210
he's not the guy to hire.
888
00:40:14,244 --> 00:40:16,813
But if you ever
get charged with murder...
889
00:40:16,847 --> 00:40:17,814
(telephone rings)
890
00:40:17,848 --> 00:40:21,217
LUCY: Hotline. Hello?
891
00:40:21,251 --> 00:40:23,687
Okay, thank you.
892
00:40:23,720 --> 00:40:25,722
Jury's back.
893
00:41:01,692 --> 00:41:03,159
Mr. Wallace,
would you please rise?
894
00:41:09,099 --> 00:41:10,967
The jury has reached
its verdict?
895
00:41:11,001 --> 00:41:12,002
We have, your honor.
896
00:41:12,035 --> 00:41:13,704
What say you?
897
00:41:15,672 --> 00:41:18,742
Commonwealth
vs. Scott Wallace,
898
00:41:18,775 --> 00:41:21,111
on count one--
murder in the first degree,
899
00:41:21,144 --> 00:41:24,280
we find the defendant
Scott Wallace
900
00:41:24,314 --> 00:41:25,649
not guilty.
901
00:41:25,682 --> 00:41:28,852
(gallery murmuring)
902
00:41:28,885 --> 00:41:32,923
Count two--
murder in the second degree,
903
00:41:32,956 --> 00:41:35,125
we find the defendant
Scott Wallace
904
00:41:35,158 --> 00:41:36,660
not guilty.
905
00:41:36,693 --> 00:41:38,929
(gallery reacting loudly)
906
00:41:38,962 --> 00:41:40,931
JUDGE HILLER:
Members of the jury,
907
00:41:40,964 --> 00:41:42,332
this concludes your service.
908
00:41:42,365 --> 00:41:44,935
On behalf of the commonwealth,
I thank you.
909
00:41:44,968 --> 00:41:47,738
Mr. Wallace,
you are free to go.
910
00:41:47,771 --> 00:41:49,673
We are adjourned.
911
00:41:49,706 --> 00:41:51,174
(gavel pounds)
912
00:41:54,978 --> 00:41:57,548
SCOTT: Thank you, buddy.
913
00:42:17,701 --> 00:42:21,271
REPORTER: It wasn't
as ugly as you predicted.
914
00:42:21,304 --> 00:42:23,874
No. I thought they all
behaved very well.
915
00:42:23,907 --> 00:42:26,743
It was nice to see
for a change.
916
00:42:26,777 --> 00:42:29,746
Do you think
it was the right result?
917
00:42:29,780 --> 00:42:31,281
Probably.
918
00:42:31,314 --> 00:42:33,884
I suppose there was
reasonable doubt.
919
00:42:33,917 --> 00:42:37,320
But do you think
it was the right result?
920
00:42:39,189 --> 00:42:42,826
I haven't
the slightest idea.
921
00:42:50,767 --> 00:42:53,770
♪ (theme)
922
00:43:16,392 --> 00:43:18,094
You stinker!
67987
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