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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,000 --> 00:00:02,100 Never give the jury a chance to think that you're not devoted. 2 00:00:02,340 --> 00:00:05,260 Or the media. The fact that the jury sequestered doesn't matter. Newspapers 3 00:00:05,260 --> 00:00:06,300 through, television too. 4 00:00:07,000 --> 00:00:11,220 They'll say he came to kill her that night. We'll say he came to see her the 5 00:00:11,220 --> 00:00:15,260 of. They'll say he got scratched while attacking her. We'll say she scratched 6 00:00:15,260 --> 00:00:16,580 him while making love. 7 00:00:16,920 --> 00:00:18,260 They'll say, where's the semen? 8 00:00:18,540 --> 00:00:20,560 We'll say, A, she took a bath. 9 00:00:20,980 --> 00:00:22,540 B, he wore a condom. 10 00:00:23,580 --> 00:00:27,020 Every red herring has to be covered. They'll be running them up flagpoles, I 11 00:00:27,020 --> 00:00:28,400 guarantee it. What about the shoe? 12 00:00:30,030 --> 00:00:31,050 We'll see as we go. 13 00:00:32,150 --> 00:00:34,010 Hair, prints, fibers. 14 00:00:34,290 --> 00:00:35,470 Nothing we can't explain. 15 00:00:35,990 --> 00:00:38,410 We gotta take out the mother. Those threats come in. 16 00:00:39,090 --> 00:00:40,090 Are you set on that? 17 00:00:40,350 --> 00:00:42,090 Yes, but don't figure to suppress. 18 00:00:42,510 --> 00:00:45,070 And if we don't suppress, figure the mother to testify first. 19 00:00:45,450 --> 00:00:46,490 They might lead with DNA. 20 00:00:47,430 --> 00:00:50,990 I'm not leading off with the DNA. It'll put the jury to sleep. We go with the 21 00:00:50,990 --> 00:00:52,190 victim's mother. She's ready. 22 00:00:52,390 --> 00:00:53,870 I've been over her testimony up and down. 23 00:00:54,960 --> 00:00:58,620 How can I not testify? I'm not saying you won't, but the decision doesn't have 24 00:00:58,620 --> 00:01:02,080 to be made yet. If they don't make their case, we don't give them the chance to 25 00:01:02,080 --> 00:01:03,080 take wax at you. 26 00:01:03,820 --> 00:01:04,819 You set? 27 00:01:05,459 --> 00:01:06,460 I'm set. 28 00:01:07,800 --> 00:01:08,800 Bobby. 29 00:01:10,280 --> 00:01:11,280 Almost three months. 30 00:01:12,460 --> 00:01:13,900 You've never asked me if I'm innocent. 31 00:01:15,980 --> 00:01:16,980 I am. 32 00:01:18,460 --> 00:01:19,460 I am. 33 00:01:20,920 --> 00:01:22,860 Expedited transcripts every single day. 34 00:01:23,400 --> 00:01:24,940 All right, we're ready. You ready? 35 00:01:26,160 --> 00:01:27,160 Okay. 36 00:01:27,720 --> 00:01:30,840 That doctor cut off Cindy Mark's head. Now we go after him. 37 00:02:19,720 --> 00:02:23,120 You're the same reporter who's been calling. You don't think I know your 38 00:02:23,820 --> 00:02:25,580 Do you recognize my clip? 39 00:02:25,920 --> 00:02:31,020 Some of the expected juice has dripped away, Janet. It seems D .A. Gamble and 40 00:02:31,020 --> 00:02:34,160 defense attorney Donald are no longer romantic partners. 41 00:02:34,700 --> 00:02:39,140 Sources say other than trial correspondence, communication has been 42 00:02:39,140 --> 00:02:40,059 between them. 43 00:02:40,060 --> 00:02:43,440 Figure the dialogue to heat up this morning, though. The subject of the 44 00:02:43,440 --> 00:02:47,680 pretrial, whether or not Lorraine Marks gets to testify about the threats. 45 00:02:48,030 --> 00:02:49,790 Dr. Winslow made to her daughter. 46 00:02:50,030 --> 00:02:54,090 It isn't just hearsay, it's totem pole. It would be reversible error to allow 47 00:02:54,090 --> 00:02:57,950 it. Your Honor, these statements would clearly be exempted from the hearsay 48 00:02:57,950 --> 00:03:01,810 rule. Clear to whom? Cindy Marks was in an excited state when she said these 49 00:03:01,810 --> 00:03:04,670 things. We're not just dealing with Cindy Marks' statements to her mother. 50 00:03:04,670 --> 00:03:08,710 dealing with supposed statements made by my client to Cindy Marks. I don't care 51 00:03:08,710 --> 00:03:12,390 how excited she was when she was talking to her mother. She was passing things 52 00:03:12,390 --> 00:03:16,630 on that he said to her. That's hearsay too. His statements would be 53 00:03:16,630 --> 00:03:20,140 against... Come on, Helen. I know you went to law school. I was there. I 54 00:03:20,140 --> 00:03:20,899 to that. 55 00:03:20,900 --> 00:03:22,100 All right. I've heard enough. 56 00:03:22,800 --> 00:03:25,600 The testimony of Mrs. Marks is admissible. 57 00:03:26,420 --> 00:03:28,420 Opening statements after lunch. 58 00:03:29,220 --> 00:03:30,220 Adjourned. 59 00:03:32,780 --> 00:03:35,760 An extremely big win for the prosecution, Jim. 60 00:03:36,380 --> 00:03:40,980 Absolutely. The victim's mother establishes motive. The prosecution can 61 00:03:40,980 --> 00:03:43,960 prove the affair. That's not a problem. But motive to kill? 62 00:03:44,280 --> 00:03:48,120 The threats to kill, that all comes from Lorraine Marks, and she could be very 63 00:03:48,120 --> 00:03:49,460 tough for the defense to crack. 64 00:03:50,300 --> 00:03:51,360 I apologize. 65 00:03:52,840 --> 00:03:58,000 Not just because we're asking you to take time out from your families and 66 00:03:58,000 --> 00:04:03,020 lives, but because we're asking you to focus on the very worst human nature has 67 00:04:03,020 --> 00:04:04,020 to offer. 68 00:04:04,340 --> 00:04:05,340 Murder. 69 00:04:05,860 --> 00:04:07,880 This is a gruesome, sickening crime. 70 00:04:08,220 --> 00:04:09,760 He cut off her head. 71 00:04:10,340 --> 00:04:12,060 He chopped off her hands. 72 00:04:13,260 --> 00:04:16,860 And as we go through the facts of this case, it will be difficult. 73 00:04:17,180 --> 00:04:18,519 It will be painful. 74 00:04:21,560 --> 00:04:28,100 Painful to face a reality that sometimes underneath coats and ties and well 75 00:04:28,100 --> 00:04:32,920 -groomed appearances, there lie murderers. 76 00:04:34,020 --> 00:04:35,520 There lies one here. 77 00:04:38,360 --> 00:04:41,340 Yes, there was sex and love. 78 00:04:42,120 --> 00:04:43,120 And passion. 79 00:04:43,480 --> 00:04:48,680 Jeffrey Winslow was having an affair with the victim. Listen to the 80 00:04:48,680 --> 00:04:54,820 prosecution's case closely. All it will prove is what I just told you. My client 81 00:04:54,820 --> 00:04:58,440 had an affair with Cindy Marks. That's all they've got. 82 00:04:59,600 --> 00:05:02,360 Because that's all there is. 83 00:05:03,200 --> 00:05:06,180 Yes, somebody did kill her. 84 00:05:08,240 --> 00:05:10,180 But it wasn't Jeffrey Winslow. 85 00:05:15,120 --> 00:05:19,620 So this telephone conversation took place when, ma 'am? Three days before 86 00:05:19,620 --> 00:05:20,299 was killed. 87 00:05:20,300 --> 00:05:21,300 She called you? 88 00:05:21,500 --> 00:05:23,160 No. I'd called her. 89 00:05:23,980 --> 00:05:28,240 And I saw that she was very upset. Did she tell you why she was upset? 90 00:05:28,560 --> 00:05:29,860 She didn't want to discuss it. 91 00:05:30,300 --> 00:05:35,040 Cindy and I never really communicated much on her private life, since I 92 00:05:35,040 --> 00:05:36,040 disapproved of it. 93 00:05:36,200 --> 00:05:39,180 So she never told you the cause of her being upset? 94 00:05:40,140 --> 00:05:41,280 Eventually, she did. 95 00:05:41,840 --> 00:05:43,160 When I pressed her on it. 96 00:05:44,490 --> 00:05:48,830 She told me. She said her relationship with Dr. Winslow was becoming ugly, 97 00:05:49,010 --> 00:05:54,370 volatile. She said she wanted to make public their involvement, and he 98 00:05:54,370 --> 00:05:58,950 threatened her. He said if she tried to expose the affair, that he would stop 99 00:05:58,950 --> 00:06:02,870 her. Did she say anything else, Mrs. Marks? Yes. 100 00:06:03,150 --> 00:06:06,250 She said she was scared that he might hurt her. 101 00:06:07,290 --> 00:06:08,650 Thank you, Mrs. Marks. 102 00:06:09,870 --> 00:06:13,990 You said she never liked to discuss her private life with you. 103 00:06:14,320 --> 00:06:19,120 Yes. Might she go so far as to conceal her personal life from you? 104 00:06:19,380 --> 00:06:20,380 She might. 105 00:06:20,660 --> 00:06:24,380 Given that your daughter might conceal her personal life from you, is it 106 00:06:24,380 --> 00:06:28,720 possible that she was also seeing somebody else in addition to my client 107 00:06:28,720 --> 00:06:29,720 would try to conceal that? 108 00:06:30,620 --> 00:06:32,120 I suppose it's possible. 109 00:06:35,000 --> 00:06:36,780 You see that man sitting there? 110 00:06:37,640 --> 00:06:38,640 Who is he? 111 00:06:39,560 --> 00:06:41,120 His name is Kenneth Fuller. 112 00:06:41,840 --> 00:06:43,100 He's Cindy's ex -husband. 113 00:06:43,320 --> 00:06:44,900 Could you describe your feelings for him? 114 00:06:45,380 --> 00:06:46,380 Not good. 115 00:06:46,680 --> 00:06:47,680 Not good. 116 00:06:48,240 --> 00:06:50,700 Would it be fair to say that you dislike him a lot? 117 00:06:51,040 --> 00:06:53,140 That would be fair. Your daughter knew that? 118 00:06:53,400 --> 00:06:54,620 No uncertain terms. 119 00:06:54,960 --> 00:06:59,440 Suppose, Mrs. Marsh, just suppose your daughter resumed the relationship with 120 00:06:59,440 --> 00:07:00,039 this man. 121 00:07:00,040 --> 00:07:01,040 Do you disapprove? 122 00:07:01,680 --> 00:07:03,340 Strongly. Strongly. 123 00:07:04,160 --> 00:07:08,040 Knowing that, is it possible Cindy would want to hide that fact from you? Your 124 00:07:08,040 --> 00:07:12,740 Honor, I... Is it possible that Kenneth Fuller was the one that was threatening 125 00:07:12,740 --> 00:07:17,600 her? She said in her hysteria, she just blurted out my client's name. She wasn't 126 00:07:17,600 --> 00:07:21,640 hysterical. She was out of control, ranting. No, she wasn't ranting. She was 127 00:07:21,640 --> 00:07:27,180 calm and collected. And she very clearly said that it was that man who was 128 00:07:27,180 --> 00:07:28,180 threatening her. 129 00:07:28,360 --> 00:07:31,040 So she was calm and collected. 130 00:07:31,460 --> 00:07:32,460 Yes. 131 00:07:33,160 --> 00:07:36,140 Your Honor, at the time we now move to strike the hearsay testimony of the 132 00:07:36,140 --> 00:07:38,660 witness, the excited utterance exception no longer applies. 133 00:07:38,940 --> 00:07:41,340 Sidebar. I'm afraid not. 134 00:07:42,300 --> 00:07:47,860 Members of the jury, I'll try to make the lesson short. The fact that the 135 00:07:47,860 --> 00:07:53,380 made these alleged statements while calm instead of agitated makes a big legal 136 00:07:53,380 --> 00:07:57,340 difference. Bottom line, they're no longer admissible. 137 00:07:57,960 --> 00:08:04,160 That means there is no evidence before you that a relationship was turning 138 00:08:04,260 --> 00:08:10,480 There is no evidence of any threat. As far as you're concerned, 139 00:08:10,740 --> 00:08:13,960 those threats never happened. 140 00:08:17,340 --> 00:08:20,960 Helen, you told me she was prepped. You said you went up and down with her. I 141 00:08:20,960 --> 00:08:23,080 did. He spun her. She's not a rocket scientist. 142 00:08:23,320 --> 00:08:26,800 We're the ones who look stupid. The jury still heard it. Legally, it may be 143 00:08:26,800 --> 00:08:30,000 excluded, but the jury still heard what she said. I can't argue it in my closing 144 00:08:30,000 --> 00:08:34,659 argument now. There is a lot of DNA scientific crap between now and the time 145 00:08:34,659 --> 00:08:35,840 that jury goes to deliberate. 146 00:08:37,179 --> 00:08:40,820 And I can't hammer those threats in my closing argument now, can I? 147 00:08:45,360 --> 00:08:46,360 Miss Trott. 148 00:08:46,800 --> 00:08:49,520 It's an option. Since the trial's only a day old, there's a chance we could 149 00:08:49,520 --> 00:08:50,279 still get it. 150 00:08:50,280 --> 00:08:51,580 And why would we want to do that? 151 00:08:51,800 --> 00:08:55,100 Because the jury did hear about the threats, and it's a tough bell to 152 00:08:55,280 --> 00:08:58,220 And the next jury wouldn't hear about them. Okay, then why not ask for a 153 00:08:58,220 --> 00:09:01,220 mistrial? Why not is because the prosecution came out stumbling. First 154 00:09:01,220 --> 00:09:04,480 impressions count, and I think their case is so circumstantial to begin with. 155 00:09:04,480 --> 00:09:07,300 say we keep going. If we let them start over, we give them time to regroup. 156 00:09:07,340 --> 00:09:08,500 Plus, they could do more discovery. 157 00:09:09,800 --> 00:09:10,800 I'm with Lindsay. 158 00:09:11,900 --> 00:09:12,900 Who's next? 159 00:09:13,060 --> 00:09:14,060 Pathologist. Mine. 160 00:09:14,440 --> 00:09:15,440 You ready? 161 00:09:15,950 --> 00:09:19,470 Bobby, you walk around all day asking, are you ready? Are you ready? Of course 162 00:09:19,470 --> 00:09:21,130 I'm ready. We are all ready. 163 00:09:22,150 --> 00:09:23,150 Okay. 164 00:09:23,290 --> 00:09:24,290 No mistrial. 165 00:09:24,810 --> 00:09:25,810 We keep going. 166 00:09:32,890 --> 00:09:33,910 Bobby, what's the matter? 167 00:09:37,850 --> 00:09:38,850 I don't know. 168 00:09:42,150 --> 00:09:43,650 Something just doesn't smell right. 169 00:10:05,070 --> 00:10:08,550 You made a determination that the killing was the work of a copycat. 170 00:10:08,870 --> 00:10:11,030 Yes, upon doing the autopsy. 171 00:10:11,630 --> 00:10:13,510 How did the autopsy tell you this? 172 00:10:14,310 --> 00:10:17,810 Well, the victim was killed by trauma to the head, though it was made to look 173 00:10:17,810 --> 00:10:20,650 like a stabbing, which would be consistent with the poet. 174 00:10:21,670 --> 00:10:24,430 Also, we found that Miss Mark's wounds were more clinical. 175 00:10:24,650 --> 00:10:25,650 What do you mean, clinical? 176 00:10:26,190 --> 00:10:27,850 Ligaments were incised individually. 177 00:10:28,690 --> 00:10:30,870 The person who did it cut through the soft tissue. 178 00:10:31,130 --> 00:10:32,130 Meaning what? 179 00:10:32,140 --> 00:10:35,740 Meaning this likely was the work of a doctor, perhaps a skilled surgeon. 180 00:10:39,440 --> 00:10:40,440 Settle. 181 00:10:43,460 --> 00:10:44,660 Anything else, doctor? 182 00:10:45,140 --> 00:10:47,160 Yes, though there was evidence of intercourse. 183 00:10:47,720 --> 00:10:51,800 There was no bruising to suggest rape. And what conclusions, if any, did you 184 00:10:51,800 --> 00:10:52,799 draw from this? 185 00:10:52,800 --> 00:10:54,780 That the victim consented to the intercourse. 186 00:10:55,500 --> 00:10:57,420 I believe she knew the person who killed her. 187 00:10:57,740 --> 00:10:58,740 Thank you, doctor. 188 00:11:03,660 --> 00:11:06,320 Did your written report ever say this was the work of a surgeon? 189 00:11:07,740 --> 00:11:11,140 No. And you can't positively exclude the poet, can you? 190 00:11:11,600 --> 00:11:14,440 No, but the evidence would suggest... Is the poet still at large? 191 00:11:14,900 --> 00:11:15,900 Yes. 192 00:11:16,200 --> 00:11:21,220 You say that Cindy died from trauma to the head. How exactly did you determine 193 00:11:21,220 --> 00:11:22,220 that? 194 00:11:22,520 --> 00:11:26,360 From the skull fracture on the left temporal lobe. The head had been cut 195 00:11:26,780 --> 00:11:29,140 Yes. Anybody ever drop it on the floor? 196 00:11:30,160 --> 00:11:33,740 That wasn't the fracture I'm talking about. Did you ever see anybody drop 197 00:11:33,740 --> 00:11:35,060 Cindy's head on the floor, doctor? 198 00:11:35,780 --> 00:11:39,800 The head inadvertently rolled off the autopsy table. 199 00:11:40,200 --> 00:11:41,300 Hit the floor? 200 00:11:41,520 --> 00:11:44,280 That's not the trauma that caused her death, counsel. 201 00:11:45,080 --> 00:11:46,080 I see. 202 00:11:46,660 --> 00:11:51,300 You say the absence of vaginal bruising suggests consensual intercourse. 203 00:11:51,760 --> 00:11:56,640 Yes. Ever known a rape to occur with no vaginal bruising? The probabilities are 204 00:11:56,640 --> 00:11:59,720 that... Does it ever happen? What happened, doctor? Rape, no bruises, can 205 00:11:59,720 --> 00:12:04,600 happen? Yes. So it's entirely possible that Cindy Marks was raped and murdered 206 00:12:04,600 --> 00:12:08,880 by a non -doctor. That's possible, am I right? Possible, but not likely in my 207 00:12:08,880 --> 00:12:13,580 opinion. Yes, yes, your opinion, the suspicion of yours that a surgeon did 208 00:12:13,580 --> 00:12:14,580 killing. 209 00:12:14,840 --> 00:12:16,740 When exactly did you come up with this? 210 00:12:17,940 --> 00:12:22,660 At the autopsy. At the autopsy. And did you share it with the district attorney? 211 00:12:23,150 --> 00:12:24,150 Yes. When? 212 00:12:24,870 --> 00:12:26,150 Objection. Work product. 213 00:12:26,830 --> 00:12:29,950 Overruled. When did you tell the district attorney about your suspicion 214 00:12:29,950 --> 00:12:30,950 killer was a surgeon? 215 00:12:31,010 --> 00:12:35,090 I told her around the time of the autopsy. But you didn't write it down. 216 00:12:35,390 --> 00:12:37,430 No. Did she ask you not to write it down? 217 00:12:37,650 --> 00:12:40,430 Objection. Was the suspicion hatched between the both of you yesterday? 218 00:12:40,690 --> 00:12:42,790 Objection. I mean, with all the counsel. 219 00:12:44,050 --> 00:12:45,050 Approach. 220 00:12:51,340 --> 00:12:54,140 She has the duty to turn over all inculpatory evidence. I did. 221 00:12:54,460 --> 00:12:57,300 Testimony that it was the work of a surgeon. Tasty little tidbit to leave 222 00:12:57,360 --> 00:13:00,300 Anyone knew this witness was going to be saying copycat? We didn't know he was 223 00:13:00,300 --> 00:13:01,299 going to be saying surgeon. 224 00:13:01,300 --> 00:13:02,059 All right. 225 00:13:02,060 --> 00:13:05,960 That testimony should be stricken. I said all right. It's an unfair surprise 226 00:13:05,960 --> 00:13:08,340 we would have known. Counsel, this is my courtroom. 227 00:13:11,020 --> 00:13:17,520 I don't like it, but I'm not striking it. Your Honor. I've made my ruling step 228 00:13:17,520 --> 00:13:18,520 back. 229 00:13:22,890 --> 00:13:25,190 You get the hell out of my face. 230 00:13:26,010 --> 00:13:27,650 Hey, nice spring job, Helen. 231 00:13:28,570 --> 00:13:33,290 Don't you ever accuse me of hatching. Oh, come on. You sat down and you know 232 00:13:33,610 --> 00:13:37,490 All right, let's save it for the picnic, shall we? Hey, hey, we were here first. 233 00:13:37,610 --> 00:13:40,250 Mr. Donald, do you have any comments? No comment, no comment. 234 00:13:40,910 --> 00:13:44,690 We can't not introduce the shoe print, Helen. I want to hold it for rebuttal. 235 00:13:44,690 --> 00:13:47,530 For rebuttal, Winslow might not even take the stand. I'll take that bet. 236 00:13:48,060 --> 00:13:51,520 Helen, we don't have the greatest case here. Exactly. We don't have the 237 00:13:51,520 --> 00:13:55,420 case. We need to catch him in a lie. Which we can't do if he doesn't testify. 238 00:13:55,720 --> 00:13:56,720 Scott. 239 00:13:57,400 --> 00:13:58,400 How are we doing? 240 00:14:01,160 --> 00:14:02,920 We can't lose this one, Helen. 241 00:14:07,440 --> 00:14:09,380 We need to put in the shoe. 242 00:14:12,900 --> 00:14:17,060 All right. DNA is next. We have nothing to fear there. Let them talk. 243 00:14:17,500 --> 00:14:21,260 Nobody fidgets or looks worried. If anything, look forward. Send a message 244 00:14:21,260 --> 00:14:22,400 the jury. This stuff doesn't matter. 245 00:14:24,180 --> 00:14:26,340 Does anyone here besides me think he did it? 246 00:14:29,300 --> 00:14:34,460 I'm sorry, but does anyone here even have a theory as to who else? 247 00:14:34,740 --> 00:14:36,280 Karen. What, Jeffrey, what? 248 00:14:38,400 --> 00:14:42,180 I know you have every right to doubt me. Oh, you're wrong, Jeffrey. I don't 249 00:14:42,180 --> 00:14:46,330 doubt you for a second. Okay, so we have some excitement here. Look, Karen... 250 00:14:46,330 --> 00:14:48,470 And don't you give me that devoted wife pitch again. 251 00:14:50,650 --> 00:14:52,650 Karen, why don't you and I go take a break? 252 00:15:01,590 --> 00:15:02,590 Great. 253 00:15:13,290 --> 00:15:15,070 We have to decide whether you're going to testify. 254 00:15:17,450 --> 00:15:18,950 Do you think he killed her? 255 00:15:20,810 --> 00:15:21,950 No, of course not. 256 00:15:23,990 --> 00:15:26,150 I'm sorry. Sitting in that room today, listening. 257 00:15:26,590 --> 00:15:28,610 Karen, I know. I can't do it. 258 00:15:30,510 --> 00:15:32,490 I can't play the adoring wife anymore. 259 00:15:32,990 --> 00:15:37,970 Ever since this happened, I've been pretending that I stand by him, that 260 00:15:42,920 --> 00:15:48,960 I feel dirty walking in the room with him, holding his hand. 261 00:15:51,140 --> 00:15:54,520 He betrayed me, and I can't pretend anymore. 262 00:15:55,020 --> 00:15:56,200 Karen, listen to me. 263 00:15:56,780 --> 00:16:00,800 We have a murder trial, and we have a marriage. And unfortunately, for the 264 00:16:00,800 --> 00:16:05,160 of the trial, we have to send a signal that the marriage is okay. This tells 265 00:16:05,160 --> 00:16:06,160 jury something. 266 00:16:07,680 --> 00:16:09,820 If you believe that he's innocent, 267 00:16:11,699 --> 00:16:12,699 Murder -wise. 268 00:16:13,440 --> 00:16:17,700 Then you have to pretend marriage -wise just for a little bit longer, Karen. 269 00:16:21,300 --> 00:16:22,300 Okay. 270 00:16:23,920 --> 00:16:24,920 Okay. 271 00:16:27,880 --> 00:16:30,220 They never actually checked out the mother, at least not much. 272 00:16:30,580 --> 00:16:33,580 You really think that she could decapitate her own daughter? 273 00:16:34,220 --> 00:16:36,220 No. But they didn't like each other. 274 00:16:37,340 --> 00:16:39,980 And, Bobby, now that the surgeon's done everything, we might have to start 275 00:16:39,980 --> 00:16:41,140 suggesting other suspects. 276 00:16:41,400 --> 00:16:44,420 No, that's too dangerous. Burden's on them. We don't offer anything we can't 277 00:16:44,420 --> 00:16:47,720 prove. Yeah, well, our consultants say we have to respond to the threats, too. 278 00:16:47,820 --> 00:16:51,420 Admissible or not, they think it's a problem. Which means Jeffrey would have 279 00:16:51,420 --> 00:16:53,600 testify, which is what I think Helen wants. 280 00:16:57,380 --> 00:16:58,380 What? 281 00:17:08,300 --> 00:17:09,300 Right in front of our faces. 282 00:17:13,000 --> 00:17:14,359 I don't know what it is. 283 00:17:18,420 --> 00:17:21,480 As you can see, the nucleotides link up. 284 00:17:21,760 --> 00:17:24,819 We have an exact genetic matchup with the defendant. 285 00:17:25,500 --> 00:17:27,460 And this was from skin samples? 286 00:17:27,700 --> 00:17:29,440 Found underneath her fingernails, yes. 287 00:17:29,640 --> 00:17:33,960 The hair samples found on the bed also line up in matching sequences. 288 00:17:35,320 --> 00:17:37,540 Doctor, can you crunch all this for us? 289 00:17:38,670 --> 00:17:40,670 The defendant was in her apartment. 290 00:17:41,010 --> 00:17:43,650 But DNA can't establish that he killed her. 291 00:17:44,050 --> 00:17:45,350 Only that he was there. 292 00:17:46,870 --> 00:17:49,910 Yes. It was a prior victim of the poet. 293 00:17:50,310 --> 00:17:55,390 And Dr. Knopfel, the defendant had access to the autopsy report on this 294 00:17:55,950 --> 00:17:56,950 Yes, he did. 295 00:17:57,350 --> 00:18:01,570 Because it was a prior victim of the poet, the autopsy report was faxed all 296 00:18:01,570 --> 00:18:05,090 your hospital, wasn't it? It was juicy copy and a lot of people had it. 297 00:18:05,730 --> 00:18:06,730 Yes. 298 00:18:06,960 --> 00:18:11,800 Do the hospital phone records show any outgoing call to Dr. Winslow's residence 299 00:18:11,800 --> 00:18:12,980 the evening of the murder? 300 00:18:13,300 --> 00:18:17,780 No. And if somebody did call him down to the hospital, your phone records would 301 00:18:17,780 --> 00:18:18,960 indicate that? Yeah. 302 00:18:19,560 --> 00:18:22,040 Anybody in the hospital have personal cell phones? 303 00:18:23,360 --> 00:18:24,360 Yes. 304 00:18:26,360 --> 00:18:27,860 Is that it, Ms. Gamble? 305 00:18:30,080 --> 00:18:31,840 Put the shoe in now, Helen. 306 00:18:32,240 --> 00:18:34,000 If Winslow doesn't testify, they could rest. 307 00:18:34,280 --> 00:18:36,480 Reasonable doubt. We have not made our case. 308 00:18:38,520 --> 00:18:40,780 Prosecution would like to call one last witness. 309 00:18:43,940 --> 00:18:44,940 Kenneth Fuller. 310 00:18:45,940 --> 00:18:49,660 Your Honor, this witness is not on their list. He was included in a prior 311 00:18:49,660 --> 00:18:53,460 pretrial list. Which had 200 names on it. Get up here, both of you. 312 00:18:58,160 --> 00:18:59,280 Technically, they have noticed. 313 00:18:59,540 --> 00:19:01,240 This is a revised list. 314 00:19:01,610 --> 00:19:05,130 As an officer of this court, I will state right now that nothing I ask this 315 00:19:05,130 --> 00:19:08,170 witness will constitute unfair surprise. The testimony could be worthless. It 316 00:19:08,170 --> 00:19:08,989 might bother. 317 00:19:08,990 --> 00:19:11,330 Because I'm playing a hunch, I'm entitled to do that. 318 00:19:11,670 --> 00:19:16,490 All right, I'll see where it goes. If you want to adjourn after the prepared 319 00:19:16,490 --> 00:19:19,130 cross, I'll give it to you. Stop your whining. 320 00:19:22,470 --> 00:19:23,470 Mr. Fuller. 321 00:19:27,760 --> 00:19:31,240 We've already learned a little bit about you from your ex -mother -in -law. You 322 00:19:31,240 --> 00:19:34,060 had a bad marriage with Cindy Marks. You could say that. 323 00:19:34,660 --> 00:19:39,040 Forgive me for saying this, sir, but you seem like a scary guy. 324 00:19:39,840 --> 00:19:43,720 Objection! Sustained. Is that where you're going? He looks scary? 325 00:19:44,620 --> 00:19:45,620 Actually, yes. 326 00:19:46,400 --> 00:19:50,080 Mr. Fuller, you've been in this courtroom every day of the trial. 327 00:19:50,460 --> 00:19:51,760 Anybody ask you to come? 328 00:19:52,260 --> 00:19:53,260 Objection! 329 00:19:53,660 --> 00:19:56,560 Overruled. Anybody perhaps pay you to be sitting here? 330 00:19:56,960 --> 00:19:58,000 Objection, work product. 331 00:19:58,580 --> 00:20:01,000 Work product? Your Honor, she is going fishing. 332 00:20:01,200 --> 00:20:04,720 She's trying to get a communications between the witness and my office. It's 333 00:20:04,720 --> 00:20:06,060 work product and it's inadmissible. 334 00:20:06,300 --> 00:20:08,000 I think I'd like to ask myself. 335 00:20:10,540 --> 00:20:13,480 Has anyone paid you to come here, Mr. Fuller? 336 00:20:16,140 --> 00:20:19,840 You're under oath, sir. Has anyone paid you to come to this courtroom? 337 00:20:22,300 --> 00:20:23,300 Mr. Berluti. 338 00:20:24,780 --> 00:20:25,780 Him. 339 00:20:28,480 --> 00:20:29,580 How much? 340 00:20:31,700 --> 00:20:32,760 $5 ,000. 341 00:20:37,060 --> 00:20:39,600 And were you given any special instructions? 342 00:20:40,440 --> 00:20:41,440 Just sit here. 343 00:20:42,140 --> 00:20:43,700 It looked like I could have killed her. 344 00:20:49,960 --> 00:20:51,240 I have a legal right. 345 00:20:51,480 --> 00:20:54,840 Like hell you do. We all have our paid consultants sitting out there, paid to 346 00:20:54,840 --> 00:20:58,840 sit in the room. Are you kidding? No, I'm not kidding, Helen. Well, you should 347 00:20:58,840 --> 00:21:04,200 be. Paying that man to sit there as a flame -red herring, it's the equivalent 348 00:21:04,200 --> 00:21:06,720 putting in false evidence. I mean, call him to the stand. 349 00:21:07,940 --> 00:21:13,540 What has happened to you? Look, I'm doing what I have to do to defend my 350 00:21:14,060 --> 00:21:17,680 I haven't broken any laws here, and I demand that you instruct that jury that 351 00:21:17,680 --> 00:21:21,300 haven't. Well, I'm not going to do that. Well, then basically you just condemn 352 00:21:21,300 --> 00:21:24,960 me in front of them. And I'd do it again, and I'd love to do it more 353 00:21:25,380 --> 00:21:27,280 But I don't want to hand you a mistrial. 354 00:21:27,960 --> 00:21:32,140 That little trick was despicable. Oh, and you don't think that she does that? 355 00:21:32,260 --> 00:21:33,260 I'm talking now. 356 00:21:33,680 --> 00:21:39,640 You're right. Technically, you get to slide by, but barely, Bobby. 357 00:21:45,390 --> 00:21:48,130 You told her. I didn't tell her. Why don't you just pluck that out of the 358 00:21:48,230 --> 00:21:51,430 Lindsay? She's smart, Bobby. Oh, please. Don't you go accusing him. Oh, thank 359 00:21:51,430 --> 00:21:56,610 you, Rebecca. You want to take over the case now? It was stupid. You had the 360 00:21:56,610 --> 00:21:59,910 case won and you know you did. And now that jury isn't going to trust a thing 361 00:21:59,910 --> 00:22:01,430 you say. And why should they? All right. 362 00:22:02,370 --> 00:22:05,570 Let's not turn on each other. The case hasn't gotten any better and the burden 363 00:22:05,570 --> 00:22:06,570 is on them. 364 00:22:06,710 --> 00:22:10,450 Well, we certainly can't rest on that note. No, we can't. We got to put on a 365 00:22:10,450 --> 00:22:11,450 defense. 366 00:22:11,750 --> 00:22:12,750 Is Karen ready? 367 00:22:13,970 --> 00:22:14,970 Yeah. 368 00:22:18,190 --> 00:22:20,390 Do you remember what time your husband left the house? 369 00:22:21,010 --> 00:22:22,370 A few minutes past ten. 370 00:22:22,570 --> 00:22:23,570 And when he returned? 371 00:22:24,010 --> 00:22:25,850 Around midnight. I was still awake. 372 00:22:26,190 --> 00:22:28,470 Can you please describe his demeanor for the court? 373 00:22:28,710 --> 00:22:29,710 It was normal. 374 00:22:30,150 --> 00:22:33,610 He complained that the page was unnecessary, that I could have waited 375 00:22:33,610 --> 00:22:34,930 morning. But he was calm? 376 00:22:35,330 --> 00:22:36,730 Yes. His usual self? 377 00:22:37,210 --> 00:22:41,410 Yes. Mrs. Winslow, can you tell us how long it takes to get from Weston to Math 378 00:22:41,410 --> 00:22:42,670 General where your husband works? 379 00:22:43,020 --> 00:22:47,320 At that hour, you can make it in about 35 minutes. So he would need an hour and 380 00:22:47,320 --> 00:22:48,320 10 minutes travel time? 381 00:22:48,580 --> 00:22:49,580 Right. 382 00:22:52,860 --> 00:22:56,240 Mrs. Winslow, are you angry at your husband? 383 00:22:57,820 --> 00:23:01,280 I don't know if anger is a strong enough word. 384 00:23:04,340 --> 00:23:05,400 Do I love him? 385 00:23:07,060 --> 00:23:08,060 Yes. 386 00:23:08,800 --> 00:23:10,420 But do I also hate him? 387 00:23:17,000 --> 00:23:21,660 But despite your angry feelings, here today you sit testifying on his behalf. 388 00:23:22,040 --> 00:23:24,640 I've slept by that man's side for 12 years. 389 00:23:26,420 --> 00:23:28,580 I know him as well as I know myself. 390 00:23:29,240 --> 00:23:34,640 It is inconceivable that he could have committed what he's been accused of. 391 00:23:34,900 --> 00:23:36,160 You seem pretty sure. 392 00:23:37,560 --> 00:23:41,560 Whatever is false, he is not a murderer. 393 00:23:53,450 --> 00:23:56,510 Say you know him. You didn't know he was having an affair, though, did you? 394 00:23:57,510 --> 00:23:58,510 No. 395 00:23:58,710 --> 00:24:01,790 So he is able to conceal certain truths from you, isn't he? 396 00:24:02,170 --> 00:24:03,690 He didn't kill that woman. 397 00:24:04,150 --> 00:24:07,110 Who is this person sitting in the second row by the aisle? 398 00:24:07,490 --> 00:24:09,070 Beverly Walton. She's my neighbor. 399 00:24:09,270 --> 00:24:12,670 The day of your husband's arrest, did you tell her you thought your husband 400 00:24:12,670 --> 00:24:13,790 kill Cindy Marks? 401 00:24:15,650 --> 00:24:20,670 Did you tell Beverly Walton you thought your husband did murder Cindy Marks? 402 00:24:22,990 --> 00:24:25,550 I was still in shock over the affair. 403 00:24:26,010 --> 00:24:30,050 I was speaking out of hurt and anger. You did say that. 404 00:24:30,350 --> 00:24:34,190 I was lashing out. I didn't mean you... You sit here today saying it's 405 00:24:34,190 --> 00:24:38,390 inconceivable for your husband to commit murder, and yet to this woman you said 406 00:24:38,390 --> 00:24:40,290 he probably did commit murder. 407 00:24:40,510 --> 00:24:42,110 I don't think he killed her. 408 00:24:42,750 --> 00:24:43,950 There was a context. 409 00:24:44,230 --> 00:24:45,450 There was a tongue then. 410 00:24:45,910 --> 00:24:47,030 Objection. Sustained. 411 00:24:47,550 --> 00:24:50,470 Mrs. Winslow, you also testified to timeline. 412 00:24:50,970 --> 00:24:51,970 Two hours. 413 00:24:52,480 --> 00:24:54,220 10 to midnight hour commute. 414 00:24:54,860 --> 00:24:58,480 Do you remember speaking with me and Detective McCrew the day after the 415 00:24:59,040 --> 00:25:04,780 Yes. Did you not tell us then that your husband returned home around 1 a .m.? I 416 00:25:04,780 --> 00:25:05,599 was wrong. 417 00:25:05,600 --> 00:25:06,600 It was 12. 418 00:25:06,740 --> 00:25:09,360 You were wrong the day after you said 1. 419 00:25:10,300 --> 00:25:13,160 But three months later at trial, your memory is fresher. 420 00:25:15,040 --> 00:25:17,360 I didn't remember saying that. 421 00:25:18,820 --> 00:25:20,240 I didn't remember. 422 00:25:20,970 --> 00:25:24,410 All right, let's not panic. We still got a long way to go. Let's not panic? 423 00:25:25,090 --> 00:25:30,090 My own wife shouts out to somebody, he did it, let's not panic? Come on, 424 00:25:30,090 --> 00:25:31,090 Jeffrey. 425 00:25:32,430 --> 00:25:33,430 Did you kill her? 426 00:25:34,470 --> 00:25:36,530 You did, didn't you? You killed her. 427 00:25:36,950 --> 00:25:40,070 You retain everything, Karen. 428 00:25:40,870 --> 00:25:44,950 You wouldn't forget saying he did it to Beverly? You wouldn't forget saying 429 00:25:44,950 --> 00:25:46,290 about 1 a .m.? 430 00:25:48,709 --> 00:25:50,450 Maybe you did know about the affair. 431 00:25:51,110 --> 00:25:53,630 What a perfect revenge that would be, wouldn't it? 432 00:25:53,970 --> 00:25:56,590 Are you out of your mind? Maybe I am! 433 00:25:57,650 --> 00:26:01,430 All of this, pretending to be by my side, and then you get up there on the 434 00:26:01,430 --> 00:26:01,910 and... 435 00:26:01,910 --> 00:26:10,310 Now, 436 00:26:10,310 --> 00:26:15,990 maybe you... Maybe you went up there knowing full well that the DA would kick 437 00:26:15,990 --> 00:26:17,350 you to pieces on cross. 438 00:26:19,129 --> 00:26:20,270 Perfect, Karen. 439 00:26:20,590 --> 00:26:21,590 Perfect. 440 00:26:22,990 --> 00:26:23,990 Oh. 441 00:26:24,430 --> 00:26:26,910 Oh, I get it. 442 00:26:28,390 --> 00:26:32,810 I'm supposed to think, wow, for him to accuse me, he really must be innocent. 443 00:26:34,730 --> 00:26:38,090 Is that what you want me to think? Is that what this little tantrum is about? 444 00:26:42,240 --> 00:26:46,020 Trial has been suspended for the rest of the day, but tomorrow will be the day 445 00:26:46,020 --> 00:26:47,780 everyone has been salivating for. 446 00:26:47,980 --> 00:26:51,500 Jeffrey Winslow is scheduled to climb into that witness chair. 447 00:26:58,320 --> 00:27:00,060 Where is he? With Jimmy and Eugene. 448 00:27:00,320 --> 00:27:01,320 Mock testimony. 449 00:27:01,660 --> 00:27:04,060 Bobby, have we even thought about a plea? A plea? 450 00:27:04,340 --> 00:27:11,140 They still haven't made their case. Why... Becky. You 451 00:27:11,140 --> 00:27:13,040 probably have the most distance. Where's your head? 452 00:27:15,120 --> 00:27:18,420 Beyond a reasonable doubt, I don't know. But I definitely think the guy did it. 453 00:27:19,140 --> 00:27:21,720 Maybe we should just throw out a feeler, see if there's anything to even 454 00:27:21,720 --> 00:27:22,720 consider. 455 00:27:27,600 --> 00:27:28,600 Not a chance. 456 00:27:28,740 --> 00:27:31,900 Helen, you haven't even come close to satisfying burden of truth. Then why are 457 00:27:31,900 --> 00:27:33,700 you here? Because the stakes are so high. 458 00:27:34,080 --> 00:27:37,580 Murder, too, is the best you get. That's automatic life. Why would we even think 459 00:27:37,580 --> 00:27:40,680 about that? He chopped her into pieces. What are you looking for, a battery? 460 00:27:40,780 --> 00:27:42,160 Should we just write him a little speeding ticket? 461 00:27:42,460 --> 00:27:44,200 This is more about beating me, isn't it? 462 00:27:44,540 --> 00:27:45,540 Beating you is extra. 463 00:27:46,380 --> 00:27:48,620 Helen, maybe you're not seeing straight. 464 00:27:49,000 --> 00:27:51,340 You haven't done so great on the elements here. You have to know that. 465 00:27:51,720 --> 00:27:52,720 Then I'll lose. 466 00:27:59,260 --> 00:28:01,180 I know Helen Gamble well enough. 467 00:28:01,660 --> 00:28:04,920 She's got another card in her hand. Only you can know what it is. 468 00:28:05,720 --> 00:28:08,180 I don't. You screw me, you screw yourself. 469 00:28:08,860 --> 00:28:11,960 If I'm going to save you from life in prison, tell me what I don't know, 470 00:28:11,960 --> 00:28:13,520 I guarantee you, she knows. 471 00:28:15,640 --> 00:28:16,840 Tell me now! 472 00:28:22,380 --> 00:28:26,920 I went there that night. 473 00:28:29,040 --> 00:28:33,380 I made love to her in the afternoon, and I went back at night to see her. 474 00:28:34,940 --> 00:28:38,820 And I saw her like that. 475 00:28:39,060 --> 00:28:40,060 Like what? 476 00:28:41,040 --> 00:28:42,040 Dead. 477 00:28:43,160 --> 00:28:44,160 All cut up. 478 00:28:45,960 --> 00:28:46,960 Her head. 479 00:28:49,680 --> 00:28:50,680 I saw it. 480 00:28:54,560 --> 00:28:57,720 But I didn't do it, Bobby. I didn't. What did you do then? 481 00:28:59,080 --> 00:29:00,080 I just left. 482 00:29:01,160 --> 00:29:02,160 I went home. 483 00:29:03,400 --> 00:29:04,400 I was afraid. 484 00:29:05,260 --> 00:29:09,220 I thought that if I called the police, the affair would be on the front page. 485 00:29:09,340 --> 00:29:11,220 Eugene, Jimmy. Bobby, I... 486 00:29:13,440 --> 00:29:17,920 He was there the night of the murder. Helen knows it. How she knows it has to 487 00:29:17,920 --> 00:29:20,860 in those discovery documents. Otherwise, she'd be guaranteeing a mistrial. 488 00:29:21,080 --> 00:29:23,640 I don't understand. If she knew he was there that night, why didn't she put it 489 00:29:23,640 --> 00:29:26,660 into evidence? She didn't want us to be able to explain it. She was counting on 490 00:29:26,660 --> 00:29:30,060 you taking the stand and saying you weren't there that night under oath. 491 00:29:30,980 --> 00:29:33,980 Then she springs what she's got in rebuttal. She's caught you in a lie and 492 00:29:33,980 --> 00:29:36,720 you're dead. I don't know, man. That's a little dicey. 493 00:29:49,500 --> 00:29:55,220 What? In the DNA discovery, she turned over hair, blood, prints, hand, and 494 00:29:55,940 --> 00:29:57,640 Turned to the supplemental discovery. 495 00:29:59,080 --> 00:30:02,520 Blood on floor. You stepped in blood. That's what she's got. 496 00:30:03,280 --> 00:30:06,960 Footprints. So technically she's covered with the discovery rules. But she 497 00:30:06,960 --> 00:30:07,960 played hard to ball. 498 00:30:07,980 --> 00:30:09,620 They did take my shoes when they searched. 499 00:30:09,940 --> 00:30:11,920 Okay, okay. We play this straight. 500 00:30:12,400 --> 00:30:15,980 We just defuse her cannon before she ever gets to shoot it. Come on, we'll go 501 00:30:15,980 --> 00:30:16,980 over your testimony on the way. 502 00:30:17,320 --> 00:30:18,320 Let's go. 503 00:30:34,030 --> 00:30:35,030 We made love. 504 00:30:35,130 --> 00:30:36,130 Then I went home. 505 00:30:36,470 --> 00:30:37,890 In the middle of the afternoon? 506 00:30:38,210 --> 00:30:39,210 Yes. 507 00:30:39,770 --> 00:30:42,590 And that's why you had these scratches on your back? 508 00:30:42,810 --> 00:30:48,850 Yes. Now, Doctor, I need to ask the question everybody in this room is 509 00:30:49,950 --> 00:30:52,990 Did you kill Cindy Marks? 510 00:30:53,270 --> 00:30:55,290 No, I didn't. 511 00:30:56,210 --> 00:31:00,150 I... This isn't easy to say in front of my wife. 512 00:31:03,400 --> 00:31:08,280 love cindy i could never do anything to hurt her well you have to admit that 513 00:31:08,280 --> 00:31:12,140 it's it's a little coincidental that she was killed on the same day that you 514 00:31:12,140 --> 00:31:16,240 were there i'm afraid it's a little more incriminating than that mr donald i'm 515 00:31:16,240 --> 00:31:22,780 ashamed to say this because i didn't report it but uh ashamed to say what i 516 00:31:22,780 --> 00:31:29,760 back to the house that night you went back there yes i walked 517 00:31:29,760 --> 00:31:30,760 in 518 00:31:33,550 --> 00:31:34,550 She was dead. 519 00:31:36,930 --> 00:31:40,010 There was blood everywhere. 520 00:31:41,310 --> 00:31:42,830 We were having an affair. 521 00:31:43,430 --> 00:31:47,390 I was afraid of the implications and the publicity, so I panicked and I went 522 00:31:47,390 --> 00:31:48,390 home. 523 00:31:49,130 --> 00:31:52,530 But I swear, I didn't kill her. 524 00:31:53,390 --> 00:31:54,390 I didn't. 525 00:31:57,590 --> 00:31:58,610 Thank you, Doctor. 526 00:32:24,080 --> 00:32:25,400 Voluntary manslaughter, eight years. 527 00:32:25,840 --> 00:32:26,840 Take it or leave it. 528 00:32:26,960 --> 00:32:29,040 Too late, Helen. I can still win that. 529 00:32:29,320 --> 00:32:32,760 You know, it was a nice try burying the shoe prints you thought you'd get him in 530 00:32:32,760 --> 00:32:35,360 a lie. I guess that's what happens when you play dirty. 531 00:32:35,560 --> 00:32:41,160 Oh, I play dirty? You pay the ex -husband. You imply false evidence. You 532 00:32:41,160 --> 00:32:45,280 probably quote that piece of poetry we just heard. Go away and get your eyes on 533 00:32:45,280 --> 00:32:47,500 everything they say about you. You're sleazy. 534 00:33:01,399 --> 00:33:02,399 Voluntary manslaughter. 535 00:33:02,560 --> 00:33:03,640 Take it or leave it. 536 00:33:19,620 --> 00:33:20,840 You got a shot, Helen. 537 00:33:22,180 --> 00:33:24,360 You cross -examined well. 538 00:33:25,100 --> 00:33:26,100 You got a shot. 539 00:33:26,800 --> 00:33:28,900 Now isn't the time to collapse. 540 00:33:29,320 --> 00:33:30,400 I'm not about to collapse. 541 00:33:37,480 --> 00:33:39,200 Who called you from the hospital that night? 542 00:33:39,760 --> 00:33:42,360 Nobody. You never got a call to go to the hospital? 543 00:33:42,680 --> 00:33:47,080 I told my wife I did, but I was really going to see Cindy. You lied to your 544 00:33:47,080 --> 00:33:48,100 wife? Yes. 545 00:33:48,560 --> 00:33:51,660 You'd been lying to your wife for a year about this affair? 546 00:33:52,140 --> 00:33:53,140 That's true. 547 00:33:54,280 --> 00:33:57,540 A person who lies is a liar. Would you agree with that? 548 00:33:58,440 --> 00:34:00,020 I lied about some things. 549 00:34:00,340 --> 00:34:02,500 So by your own admission, you would be a liar? 550 00:34:03,860 --> 00:34:04,860 Yes. 551 00:34:05,770 --> 00:34:10,530 Did you ever threaten to kill Cindy Marks? No, I did not. Are you a liar, 552 00:34:10,650 --> 00:34:11,989 Winslow? Objection. 553 00:34:12,389 --> 00:34:17,170 Disdain. If Cindy Marks were to say she feared physical danger from you, would 554 00:34:17,170 --> 00:34:18,129 she be a liar? 555 00:34:18,130 --> 00:34:19,310 She would certainly be mistaken. 556 00:34:19,570 --> 00:34:24,310 If Cindy Marks were to say she feared physical danger from you, then three 557 00:34:24,310 --> 00:34:27,690 later turned up decapitated, that would only be a little coincidence. 558 00:34:28,630 --> 00:34:32,250 Objection. There's no evidence of any threats or any statements by Cindy Marks 559 00:34:32,250 --> 00:34:33,250 concerning threats. 560 00:34:33,360 --> 00:34:37,659 The objection is sustained. I don't want to hear any more mention of threats, 561 00:34:38,100 --> 00:34:39,159 Ms. Gamble. 562 00:34:39,679 --> 00:34:42,440 You stated you loved Cindy Marks. Yes. 563 00:34:42,699 --> 00:34:44,260 You two were emotionally involved. 564 00:34:44,800 --> 00:34:46,159 Yes, I suppose so. 565 00:34:46,360 --> 00:34:51,020 Upon discovering her dead and dismembered body, you simply returned 566 00:34:51,020 --> 00:34:52,020 that your testimony? 567 00:34:52,060 --> 00:34:54,659 Yes. You never called the police. 568 00:34:55,120 --> 00:34:56,120 I explained that. 569 00:34:57,620 --> 00:35:00,320 And that doesn't mean that I wasn't horrified by her death. 570 00:35:00,620 --> 00:35:02,180 You ever share your horror with anyone? 571 00:35:03,550 --> 00:35:07,770 No. The next day, what did you do? 572 00:35:09,030 --> 00:35:10,110 I went to work. 573 00:35:10,630 --> 00:35:12,650 Did you have a nice day at work, Doctor? 574 00:35:15,170 --> 00:35:21,830 After discovering the mutilated body of someone you loved, when you decided not 575 00:35:21,830 --> 00:35:27,730 to notify the police, was it because you were afraid of being implicated in the 576 00:35:27,730 --> 00:35:30,210 affair or implicated in her death? 577 00:35:30,610 --> 00:35:31,750 I suppose both. 578 00:35:32,590 --> 00:35:37,970 In your medical training, you did a rotation in psychiatry. A long time ago. 579 00:35:37,970 --> 00:35:43,470 me ask you, in your experience, when a person at a crime scene chooses to run 580 00:35:43,470 --> 00:35:47,910 from that crime scene, would that be more an indication of innocence or of 581 00:35:47,910 --> 00:35:50,990 guilt? I am innocent. 582 00:35:51,450 --> 00:35:53,390 Are you a liar, Dr. Winslow? 583 00:35:54,030 --> 00:35:55,030 Objection! 584 00:36:08,540 --> 00:36:10,340 exactly where we started. 585 00:36:11,060 --> 00:36:15,420 He had an affair with her and he was at the scene the night of her death. 586 00:36:15,760 --> 00:36:18,280 That's all they've established, period. 587 00:36:19,040 --> 00:36:21,040 Do they have a fingerprint on the murder weapon? 588 00:36:21,680 --> 00:36:23,300 They don't even have the weapon. 589 00:36:24,360 --> 00:36:26,180 Do they have a credible eyewitness? 590 00:36:27,340 --> 00:36:30,520 They don't have any eyewitnesses. 591 00:36:30,920 --> 00:36:31,920 Where's the case? 592 00:36:32,260 --> 00:36:35,580 He didn't seem upset enough the day after that he went to work? 593 00:36:36,880 --> 00:36:37,880 Where's the 594 00:36:39,490 --> 00:36:44,630 He had an affair with the victim and he was in her apartment. 595 00:36:45,270 --> 00:36:47,810 That's their case in its entirety. 596 00:36:48,650 --> 00:36:53,050 Now, you want to believe that Jeffrey Winslow is guilty? 597 00:36:55,010 --> 00:36:58,210 I suppose you could. 598 00:36:59,630 --> 00:37:03,050 But beyond reasonable doubt? 599 00:37:05,130 --> 00:37:09,210 And let's not forget, despite the district attorney's great efforts to 600 00:37:09,210 --> 00:37:13,910 Jeffrey Winslow as a liar, he didn't have to tell you he went back there that 601 00:37:13,910 --> 00:37:14,910 night. 602 00:37:15,310 --> 00:37:16,810 Prosecution never told you that. 603 00:37:18,970 --> 00:37:19,970 Jeffrey did. 604 00:37:23,390 --> 00:37:24,390 Jeffrey did. 605 00:37:28,070 --> 00:37:30,470 Because he was under. 606 00:37:35,950 --> 00:37:40,910 And under oath, he told you another truth. 607 00:37:43,990 --> 00:37:45,250 He didn't. 608 00:38:06,440 --> 00:38:08,160 The evidence points to a surgeon. 609 00:38:08,360 --> 00:38:11,180 Possible it wasn't? Sure, but likely. 610 00:38:11,900 --> 00:38:14,400 The evidence points to consensual sex. 611 00:38:15,260 --> 00:38:19,020 Possible it was rape with no bruising? Sure, but likely. 612 00:38:20,220 --> 00:38:23,460 The evidence proves he was there that night. 613 00:38:24,000 --> 00:38:26,300 Possible he just happened to walk in after? 614 00:38:26,780 --> 00:38:28,740 Sure, but likely. 615 00:38:29,520 --> 00:38:35,060 The victim was killed the same way a woman showed up dead in his hospital 616 00:38:35,060 --> 00:38:37,140 he got to read the autopsy report. 617 00:38:38,380 --> 00:38:39,980 Possible that's just a coincidence? 618 00:38:41,600 --> 00:38:42,600 Sure. 619 00:38:43,400 --> 00:38:44,400 But likely? 620 00:38:46,380 --> 00:38:48,720 They've got a lot of possibilities. 621 00:38:49,060 --> 00:38:53,820 And in each and every instance, they're asking you to accept the most unlikely 622 00:38:53,820 --> 00:38:54,820 of explanations. 623 00:38:55,380 --> 00:38:56,380 How's this? 624 00:38:57,900 --> 00:39:02,500 He knows there's a serial killer who decapitates and severs hands. 625 00:39:02,940 --> 00:39:08,560 And yet, according to his testimony, when he walked in that room and saw 626 00:39:08,560 --> 00:39:14,340 Marks decapitated with severed hands, his very first instinct was, oh no, they 627 00:39:14,340 --> 00:39:15,600 might think I did this. 628 00:39:17,680 --> 00:39:19,000 Isn't that a little odd? 629 00:39:20,200 --> 00:39:24,200 Wouldn't the natural reaction be, it's obvious who did this? 630 00:39:24,640 --> 00:39:25,660 It's the poet? 631 00:39:26,760 --> 00:39:30,160 And wouldn't he assume that the police officers would say the same? 632 00:39:30,960 --> 00:39:35,840 Is it possible to believe what Jeffrey Winslow is telling you? 633 00:39:36,620 --> 00:39:37,620 Sure. 634 00:39:38,900 --> 00:39:45,580 But remember, his very own wife, as 635 00:39:45,580 --> 00:39:49,700 devoted as she was in that witness chair, she told her neighbor. 636 00:40:08,779 --> 00:40:10,320 Thank you. 637 00:40:43,280 --> 00:40:44,920 The defendant will please rise. 638 00:40:52,340 --> 00:40:54,940 Mr. Foreman, please read out your verdict. 639 00:40:58,140 --> 00:40:59,720 Commonwealth v. Winslow. 640 00:41:00,200 --> 00:41:05,540 On the charge of murder in the first degree, we, the jury, find the 641 00:41:05,640 --> 00:41:07,320 Jeffrey Winslow, guilty. 642 00:41:18,830 --> 00:41:19,830 Settle down. 643 00:41:21,490 --> 00:41:24,550 I'll ask each person in this room to stay silent. 644 00:41:26,250 --> 00:41:28,230 Your Honor, I want the jury polled. 645 00:41:28,730 --> 00:41:29,730 Very well. 646 00:41:30,350 --> 00:41:35,010 Members of the jury, you will each now stand and declare your individual vote. 647 00:41:35,410 --> 00:41:38,370 Let's start left to right, back row first. 648 00:41:39,370 --> 00:41:40,370 Guilty. 649 00:41:43,290 --> 00:41:44,290 Guilty. 650 00:41:45,990 --> 00:41:46,990 Guilty. 651 00:41:48,230 --> 00:41:51,750 Guilty Guilty 652 00:41:51,750 --> 00:41:58,590 Guilty Guilty 653 00:41:58,590 --> 00:42:02,590 Guilty 654 00:42:02,590 --> 00:42:06,190 Guilty 51282

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