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Previously, on The Practice.
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What?
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There's a head in the bag.
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The woman I met at the bar last night.
What are you doing with her head?
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Somebody put it in there.
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George Vogelman, you are under arrest
for the murder of Susan Robin.
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The guy who killed your girlfriend is
not George Vogelman. Part of their case
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the notion that Susan could never have
gone off on someone nighter.
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Can you think of anything that could
explain why she would?
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I had been a little unfaithful to Susan.
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As I said to your dad, I'm convinced
they got the wrong guy. That means that
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this thing was either a mission to frame
George Volkman or somebody was after
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your sister. Is it possible that your
sister could have kept some part of her
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life secret?
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She did spend a lot of time on the
Internet.
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Your guy was last seen with her. He had
her head. If George Volkman didn't do
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it, he certainly represents reasonable
doubt for whoever did.
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What did you say?
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They're not going to reopen the
investigation.
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I don't give orders to the police on how
to investigate their case. I'm asking
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you to order them to investigate,
period.
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Well, I can't order them to keep looking
if they're convinced they have the
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killer. If their thinking is suspect, we
have the device to deal with that.
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We call it the trial.
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Jay, I really appreciate your
willingness to testify.
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I'm not going to be that much help, Ms.
Frett.
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Can't say I think your client is
innocent.
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I know, but you are the only one who can
supply a possible reason why your
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girlfriend would have gone to a motel
with George Vogelman.
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I'm not crazy about helping the guy who
killed my sister.
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All we're asking is that you talk about
the Internet thing.
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I can't. Dr. Roberts, you know George
Vogelman better than anybody.
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But I wouldn't be able to say that I
truly know him.
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I see him at work. I...
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Look, his being arrested for this crime,
it's hurt the whole office.
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I really don't want to step into a
witness chair and associate our medical
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corporation with any... He was an usher
at your wedding.
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And I couldn't imagine him doing what
they're accusing him of.
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But nor could I imagine his taste for
pornography or his going home from bars
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with strangers.
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Ed backed... All I could testify to is
that I thought I knew him.
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Even his friends have pulled away.
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What have you got?
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No history of violence, reputation for
honesty, came forward on his own
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volition. Loner.
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Advertises in the personal.
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Likes poor enough. Keeps to himself.
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All right.
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How many friends or associates you talk
to? A dozen, maybe more. Anybody say
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they really knew the guy? I mean,
completely?
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No.
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Great. Okay, this is what I think.
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They go to the motel, then this woman
rejected him at the wrong time. Maybe he
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felt sexually humiliated or whatever.
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This is the ultimate ridicule. And then
he snapped.
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Chopped off her head. Now, what's he
gonna do?
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He's got no chance of getting away with
it. He's got a better shot at making it
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look like he was framed. So he sticks
her head in his medical bag and the big
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show begins.
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Loner. Foot doctor. He did it. Got mad,
lost his head.
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The loner. Is that it?
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Anything else?
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There's no death penalty in
Massachusetts, right?
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Keep your head up, George.
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Don't be shaking it. No, no, no. Just
keep your head up.
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They're going to tell their story, and
then we're going to get to tell ours.
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Okay.
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Bathroom, anybody need to go?
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All set.
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I went.
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Okay.
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Last seen with her.
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Her severed head was in his possession.
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Her blood was in his car.
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As our case will show, there is not one
piece, not one piece of physical or
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testimonial evidence that points to
anybody other than George Vogelman.
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because George Vogelman gruesomely,
hideously murdered Susan Robin.
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It's not even a question.
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Sometimes how things look are not how
they are.
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And there's a reason we bother with the
trial.
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All we ask is that you be objective and
you pay close attention to everything
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you hear.
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Mr. Tisbury.
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Commonwealth calls Helen Gamble to the
stand.
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His attorneys called and asked me to
come down to their offices.
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Why did they call you, Ms. Gamble? One
of the attorneys there is my roommate,
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another one I've dated.
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So they figured in you they'd get a
sympathetic district attorney.
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I don't think they were expecting
special treatment. They wanted to
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client and hoped I could help them do it
quietly.
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Did they tell you any details about the
case?
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No, they simply asked me to come to the
offices. They said it was serious.
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So you went? Yeah.
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And what happened after you got there?
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They took me into a room and informed me
that their client had a human head in
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his medical bag.
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How did you respond?
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I thought they were joking.
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Then they pointed to the bag.
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Is this the bag?
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Yes. Mark and identify, Your Honor.
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Marked. Exhibit 1.
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And what happened next, Ms. Gamble? They
asked me to look in the bag.
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And did you? Yes.
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And what did you see?
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A human head.
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Now, Miss Gamble, if I could... You've
got to be kidding me.
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Objection!
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Counsel, is what's in that cooler what I
think it is? Chain of custody, Your
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Honor. I object to that! In chambers,
counsel.
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Members of the jury, ten minutes.
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Let's go.
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Just bringing that thing in is grounds
for a mistrial. You want a mistrial on
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the first witness, Eleanor? That's a
stunt to inflame the jury.
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Would it be all right if I talk?
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It better be good. Your Honor, the fact
that this is so grotesque, it's
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relevant. How?
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He had it in his bag.
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Anybody who could carry something like
that around, it's evidence of the kind
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psychotic mind that goes with the very
crime.
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First of all, he didn't know it was in
his bag. Even under your theory, he
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didn't do it. He knowingly had it in his
bag for more than three hours before he
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called. Because he panicked. You make
your arguments, I'll make mine. Your
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Honor, they'll be saying he behaved like
an innocent man. As soon as he saw it,
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he called the police. Well, that's not
what he did.
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He carried it back to his car, drove to
his lawyer's office, carried it up the
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elevator. You can introduce all that
without bringing the head into court. He
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wants to horrify the jury, Your Honor. I
maintain that's relevant. A reasonable
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person would be horrified. A reasonable
person would repulse and not even
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approach the bag again, much less pack
it up, go to the car. Counsel. It's
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legitimate for the jury to experience
some of the horror so they can assess
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what's a reasonable reaction under the
circumstances.
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The head is inadmissible.
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I want him sanctioned in open court,
Your Honor. The cooler alone... Why
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you just be satisfied with my ruling and
leave it there?
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That's just ice settling.
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He then gave me the address of the motel
that he and the victim had gone to.
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And did you go there?
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Yes, along with Detective McCrew and
Attorney Frutt. We went there and
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discovered the body.
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Mr. Vogelman cooperated at all times,
did he not?
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Yes, he did.
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In fact, the only reason you or the
police know a crime had even been
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is because Mr. Vogelman came forward.
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That's true.
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And blood scrapings from the floorboards
of his car.
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Exact genetic match with the victim.
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They seemed friendly at the bar, but
there was nothing sexual going on. Did
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leave your bar together, sir?
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No, he left, and then she left about 10
or 15 minutes later.
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My daughter was not a promiscuous woman.
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Well, even if she would go to a bar,
which I guess she did, I couldn't ever
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her going back to a motel with some guy
she just met.
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Plus... Plus what?
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Sorry, but...
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He's kind of old and not very good
looking.
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The only samples in the room belong to
the victim or the defendant.
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So if somebody else did go in there...
It had to be immaculate.
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It's happened?
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Murders leaving behind no physical
evidence whatsoever?
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It has happened?
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Yes, but the odds of... It's happened?
Yes or no, detective?
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Yes.
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And detective, you're familiar with a
serial killer known as the poet?
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We don't believe that. The question is,
are you familiar with a serial killer
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known as the poet?
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Yes. Again, yes or no. This person
decapitates his victims, yes or no?
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Yes.
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But you ruled him out.
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The poet severs the hands as well and
leaves the head behind.
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He doesn't take it with him.
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It's gone as well as can be expected.
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This is going well?
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Even I'm beginning to think I'm guilty.
Look, everything they put in, we were
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ready for.
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It's not like they put up some surprise
witness that said you've done some
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strange things to cats or something.
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George, you know what I mean.
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We've expected all of this testimony.
It's not that it's not damaging, but
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haven't been any surprises.
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So what now?
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We might want to rest.
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Rest? Well, think about it. All they've
proven is two things. He was with her.
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He had her head. Pretty good proof. Ask
me. No weapon. No eyewitness. They tied
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him to a corpse, not a crime. You can't
rest on that. Look, I'm not saying it's
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a thing to do, but let's face it. What
do we have?
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A nice guy?
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Maybe we should just say to the jury,
hey, we were ready to put on a defense,
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but since they didn't make their burden,
we don't need to. That is such a risk.
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We already spring on the idea of the
poet. Internet?
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Maybe a stalker? You can't rest. Pretty
lame. I don't know.
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Eugene, he looked completely guilty. You
can't just get up and say they didn't
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make their burden. That's stupid.
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Well, maybe we could say he
involuntarily cut a head off five times.
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really funny. I didn't call you stupid.
I said it would be stupid to rest. All
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right.
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Eleanor, what do you think?
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Well, I see Eugene's point, but I don't
think a jury is going to let him go on a
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burden of proof thing.
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I think our best defense is George. He's
honest, and he plays honest. If George
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didn't do it, then who?
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It's not our job to answer that
question. Well, I realize this, but it's
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question I keep asking, and the jury's
going to be asking it back in that room.
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Hold on, hold on. If I understand your
thinking on this, Eleanor, the police
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basically stopped looking. That should
be your defense.
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The only reason we don't know who else,
if not George, is because the police
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never asked that question.
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That's what you have to key on. The guy
had her head in his bag. We're going to
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put the police on trial for not asking
who else?
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You guys are playing games.
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At the end of the day, he had her head.
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That's got nothing to do with any faulty
investigation.
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He had her head.
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So tell us what to do, Einstein.
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You know something, Lindsay? You've been
bitchy a lot lately.
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That's why you can't be playing these
indulgences. I agree with Jimmy. I'm a
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bitch? On his defense theory, you have
to defend George. You can't be attacking
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the police.
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We got to do both.
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We got to put George up, let him be as
convincing as he can be, and we got to
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open the door to other possibilities.
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Excuse me. Hello.
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Boyfriend lives alone, brother, big
house.
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So? So, the murder took place between 1
and 3 a .m. Why weren't they considered?
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They were checked out. They're both
choir boys.
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Yeah, but still, no official alibi if
everyone's asleep.
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Why not plan B them?
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They're going to testify anyway.
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What's plan B? It might be worth a try.
Give them a soft plan B.
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What's plan B?
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Talk about a risk.
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You got any better ideas?
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All right, but first, we have to be sure
it won't backfire. Comb every report.
234
00:13:25,680 --> 00:13:28,300
Make sure it's really available. They
both gave statements.
235
00:13:28,500 --> 00:13:30,540
Hey, second. You take the point, man. I
got the brother.
236
00:13:33,480 --> 00:13:34,680
What the hell is plan B?
237
00:13:36,180 --> 00:13:39,500
Basically, it means we point the finger
at other people. It's very dangerous
238
00:13:39,500 --> 00:13:42,760
because normally when the defense starts
hatching theories of their own, the
239
00:13:42,760 --> 00:13:46,560
jury can shift the burden back to us,
which we definitely do not want.
240
00:13:46,990 --> 00:13:48,070
And when you say soft?
241
00:13:48,510 --> 00:13:53,370
Our soft plan B is we do it more gently.
Instead of accusing, it's more like
242
00:13:53,370 --> 00:13:54,370
what -if -ing.
243
00:13:54,490 --> 00:14:00,090
It's less likely to alienate the jury,
but it's a risky strategy.
244
00:14:00,650 --> 00:14:01,650
Well, then why do it?
245
00:14:02,310 --> 00:14:04,270
Because we don't have much else to go
with.
246
00:14:09,050 --> 00:14:10,050
What?
247
00:14:11,350 --> 00:14:14,250
The things that I've been reading about
myself in the papers.
248
00:14:15,220 --> 00:14:17,840
I'm not a big fan of accusing people
falsely.
249
00:14:21,320 --> 00:14:23,980
George, this is a murder trial here.
250
00:14:25,180 --> 00:14:26,180
You're the defendant.
251
00:14:32,160 --> 00:14:34,180
First, I want to thank you for
testifying, Jay.
252
00:14:34,520 --> 00:14:36,360
And second, I want to convey my
sympathy.
253
00:14:36,920 --> 00:14:38,380
You were Susan Robbins' boyfriend?
254
00:14:38,800 --> 00:14:40,280
Yes. And you loved her?
255
00:14:40,680 --> 00:14:41,680
I did.
256
00:14:41,720 --> 00:14:45,080
Jay, we've heard a lot of testimony to
the effect that it was uncharacteristic
257
00:14:45,080 --> 00:14:49,220
for Susan to have gone to a bar alone,
and especially to a motel with a man she
258
00:14:49,220 --> 00:14:50,940
had just met. Would you agree with that
testimony?
259
00:14:51,400 --> 00:14:55,640
Yes. I know this is a difficult
question, and I thank you in advance for
260
00:14:55,640 --> 00:14:56,640
honesty.
261
00:14:57,120 --> 00:15:00,540
But you do know of a reason why she may
have behaved uncharacteristically that
262
00:15:00,540 --> 00:15:01,540
night, don't you?
263
00:15:03,220 --> 00:15:04,360
A possible reason.
264
00:15:05,140 --> 00:15:06,380
Could you share that with us?
265
00:15:07,980 --> 00:15:08,980
Susan had...
266
00:15:09,660 --> 00:15:11,840
discovered me with another woman the day
of her death.
267
00:15:14,400 --> 00:15:20,080
So it could have been she went to a bar
and then to a motel with another man out
268
00:15:20,080 --> 00:15:20,699
of hurt?
269
00:15:20,700 --> 00:15:22,120
As a way of lashing back?
270
00:15:22,480 --> 00:15:27,080
I don't think she would do that. I
really don't. But I can't exclude the
271
00:15:27,080 --> 00:15:28,080
possibility, no.
272
00:15:28,380 --> 00:15:32,220
Jay, do you have any information on
Susan's death? No.
273
00:15:32,460 --> 00:15:33,880
You were home when this happened?
274
00:15:34,140 --> 00:15:37,880
Asleep? Excuse me, Your Honor. Could I
confer with counsel one second?
275
00:15:38,510 --> 00:15:39,510
Make it fast.
276
00:15:44,150 --> 00:15:47,970
Jimmy interviewed one of the cops. This
guy supposedly was on the phone with the
277
00:15:47,970 --> 00:15:49,490
other woman until two in the morning.
278
00:15:49,870 --> 00:15:50,970
Why wasn't that in the report?
279
00:15:51,250 --> 00:15:53,830
I don't know, but you can't plan B and
we'll get clipped.
280
00:15:55,810 --> 00:15:56,850
What about the brother?
281
00:15:58,190 --> 00:15:59,190
Still a shot there.
282
00:15:59,850 --> 00:16:00,850
I hope.
283
00:16:06,190 --> 00:16:07,770
Okay, Jay, that's all I have.
284
00:16:08,780 --> 00:16:10,580
What happened? He had an alibi.
285
00:16:10,900 --> 00:16:14,740
Look, it still went okay. Any idea that
you maybe abducted her, we put a dent in
286
00:16:14,740 --> 00:16:17,340
that. These are very small victories, it
seems.
287
00:16:18,320 --> 00:16:19,380
Anything new on the brother?
288
00:16:19,780 --> 00:16:20,780
At all?
289
00:16:20,800 --> 00:16:21,800
No.
290
00:16:22,800 --> 00:16:24,380
I'd go... What?
291
00:16:24,740 --> 00:16:27,220
And look like a monster? I will soften
it on clothes.
292
00:16:27,920 --> 00:16:28,920
Go for him.
293
00:16:29,940 --> 00:16:32,420
Something about somebody on a chat line.
294
00:16:32,800 --> 00:16:33,800
That's all she said.
295
00:16:34,240 --> 00:16:36,600
Somebody she was having a relationship
with on the internet?
296
00:16:37,219 --> 00:16:38,740
She didn't really give details.
297
00:16:38,940 --> 00:16:40,700
My sister and I weren't too close
lately.
298
00:16:41,420 --> 00:16:42,420
Why was that?
299
00:16:42,920 --> 00:16:46,420
Well, since my father had become ill,
there was a lot of tension.
300
00:16:46,860 --> 00:16:50,400
I had a business that failed and had
moved back home. She didn't think that
301
00:16:50,400 --> 00:16:51,500
helping my dad's stress level.
302
00:16:52,120 --> 00:16:56,300
It was just family stuff. The point is,
we didn't share a lot of intimate
303
00:16:56,300 --> 00:16:57,300
secrets.
304
00:16:57,480 --> 00:17:02,300
Do you think this stuff, your dad's
illness, your business problems, could
305
00:17:02,300 --> 00:17:03,980
have added to your sister's stress
level?
306
00:17:04,190 --> 00:17:07,849
I'm sure they did. Maybe caused her to
go to a bar just to have a drink, talk
307
00:17:07,849 --> 00:17:09,890
somebody? That I don't know.
308
00:17:10,190 --> 00:17:11,750
You didn't know she'd gone to a bar?
309
00:17:12,109 --> 00:17:13,369
Me? No.
310
00:17:13,589 --> 00:17:15,210
Or to a motel with Mr. Vogelman?
311
00:17:15,450 --> 00:17:17,050
No. How would I have known that?
312
00:17:17,550 --> 00:17:19,109
Well, you'd know if you'd followed her.
313
00:17:20,190 --> 00:17:22,210
What? Did you follow your sister that
night?
314
00:17:22,530 --> 00:17:25,609
Objection. Permission to treat this
witness as hostile, Your Honor. Your
315
00:17:25,670 --> 00:17:29,150
This witness is the brother of the
victim. Permission to treat him as
316
00:17:32,010 --> 00:17:33,010
Go ahead.
317
00:17:34,760 --> 00:17:38,340
This business failure of yours, did you
incur any debt? Is there a point of
318
00:17:38,340 --> 00:17:40,440
proof? Sit down, Mr. Tisbury.
319
00:17:41,540 --> 00:17:43,260
How much money did you lose, Steve?
320
00:17:44,520 --> 00:17:48,740
About $300 ,000. You owe this amount to
people? I had investors, yes.
321
00:17:48,980 --> 00:17:51,140
Your father, he has liver cancer, isn't
that right?
322
00:17:51,480 --> 00:17:53,760
Yes. He was diagnosed with about eight
months to live?
323
00:17:54,120 --> 00:17:57,320
Yes. According to his will, if you know,
who inherits the estate?
324
00:17:58,520 --> 00:17:59,520
I guess me.
325
00:18:00,580 --> 00:18:01,580
You guess you.
326
00:18:02,040 --> 00:18:03,400
You're the sole beneficiary.
327
00:18:03,680 --> 00:18:06,980
Yes. But if your sister was still alive,
then there'd be two beneficiaries,
328
00:18:07,280 --> 00:18:08,640
wouldn't there? What are you saying?
329
00:18:08,880 --> 00:18:11,760
I'm saying that it works out well for
you having your sister die before your
330
00:18:11,760 --> 00:18:15,600
dad. What? If you'd outlived him, then
your estate goes sideways, maybe split.
331
00:18:15,920 --> 00:18:16,920
Objection! All right.
332
00:18:18,500 --> 00:18:19,499
Mr. Young?
333
00:18:19,500 --> 00:18:23,080
This witness has testified to his
estrangement with his sister. He has
334
00:18:23,080 --> 00:18:26,800
to his debt. He is also the only one to
serve up the Internet, Red Herring.
335
00:18:26,840 --> 00:18:30,040
Perhaps he uses a safety net in case
suspicion ever fell to him.
336
00:18:30,240 --> 00:18:33,120
Don't just strike all of that. I am
entitled to question.
337
00:18:33,520 --> 00:18:37,120
this witness go ahead
338
00:18:37,120 --> 00:18:44,080
anybody with you the night
339
00:18:44,080 --> 00:18:50,060
of your sister's murder Steve I was home
my father was home were you home before
340
00:18:50,060 --> 00:18:56,600
your father went to bed no when did you
get home probably around midnight did he
341
00:18:56,600 --> 00:18:58,540
see you come in he goes to bed at 10
342
00:18:59,520 --> 00:19:01,640
Ever take any medication for depression,
Steve?
343
00:19:01,920 --> 00:19:05,240
Objection. Overruled. You ever take any
medication for a mental condition,
344
00:19:05,420 --> 00:19:06,420
Steve?
345
00:19:07,240 --> 00:19:08,240
I take lithium.
346
00:19:08,560 --> 00:19:09,479
For depression?
347
00:19:09,480 --> 00:19:12,260
Yes. Did you murder your sister in
frame, George Vogelman?
348
00:19:12,540 --> 00:19:15,000
Objection. Did you follow her to the bar
and then go to the motel?
349
00:19:15,260 --> 00:19:18,560
Objection. Overruled. It was the perfect
opportunity, wasn't it? You could get
350
00:19:18,560 --> 00:19:21,900
George Vogelman's address by running
down his place. After he leaves the
351
00:19:21,920 --> 00:19:25,840
you go inside and make yourself a sole
beneficiary and then go to plant the
352
00:19:25,840 --> 00:19:26,840
in George's car.
353
00:19:27,040 --> 00:19:28,560
You see the bag and think, ah.
354
00:19:28,880 --> 00:19:29,880
Even better.
355
00:19:30,060 --> 00:19:33,600
Wipe out a debt and sibling rivalry all
in a night's work. That's thick.
356
00:19:33,920 --> 00:19:37,200
Did the police ever question you in
connection with your sister's death? Of
357
00:19:37,200 --> 00:19:40,000
course they didn't. They never even
brought you down for questioning? No,
358
00:19:40,000 --> 00:19:42,240
did not. Maybe you pulled off the
perfect crime, Steve.
359
00:19:42,540 --> 00:19:44,340
Objection. That's staying. Maybe you're
that good.
360
00:19:44,620 --> 00:19:45,640
Objection. You're drawn.
361
00:19:50,160 --> 00:19:52,200
It's a shame they never checked you out.
362
00:20:10,830 --> 00:20:13,670
Well, the jury either really hates us...
Or we created some doubt.
363
00:20:14,130 --> 00:20:15,390
I think you did great.
364
00:20:16,990 --> 00:20:18,630
Eleanor, the kid lost his sister.
365
00:20:18,990 --> 00:20:21,950
I just accused him of killing her
meanwhile his dad is dying.
366
00:20:22,610 --> 00:20:24,830
Do not try to make me feel good.
367
00:20:34,110 --> 00:20:38,710
It's possible he could have done it.
That's not important. What is, is you're
368
00:20:38,710 --> 00:20:39,710
next.
369
00:20:42,830 --> 00:20:47,870
Okay. George, you've got to just speak
the truth from your heart.
370
00:20:48,430 --> 00:20:52,110
If the jury can see you for who you
really are, they will have to question
371
00:20:52,110 --> 00:20:53,430
whether you could have done this.
372
00:20:53,730 --> 00:21:00,310
And remember, remember, remember, you
cannot say anything that goes to your
373
00:21:00,310 --> 00:21:04,770
character. We cannot open that door. We
cannot give them any chance to introduce
374
00:21:04,770 --> 00:21:05,770
those porno videos.
375
00:21:06,610 --> 00:21:09,830
Okay. And don't be afraid to look at the
jury.
376
00:21:10,380 --> 00:21:12,000
You've got nothing to hide.
377
00:21:39,920 --> 00:21:40,919
It's in his hands now.
378
00:21:40,920 --> 00:21:41,920
He'll be fine.
379
00:21:47,740 --> 00:21:50,020
You asked us to trust you.
380
00:21:51,080 --> 00:21:54,320
My boy got up because you convinced him
to honor the truth.
381
00:21:55,180 --> 00:21:59,820
Mr. Robin, I got an innocent man about
to go down for a crime he didn't commit.
382
00:22:12,300 --> 00:22:14,440
You just stole my son's innocence.
383
00:22:16,120 --> 00:22:17,200
You're garbage.
384
00:22:22,100 --> 00:22:23,100
Ow.
385
00:22:29,940 --> 00:22:30,940
Last one.
386
00:22:31,700 --> 00:22:33,340
I can freeze it some more.
387
00:22:33,780 --> 00:22:34,780
It's okay.
388
00:22:37,120 --> 00:22:38,200
Excuse me.
389
00:22:38,910 --> 00:22:42,730
I'm Lucy Hatcher. I have new clothes for
him. He's due back in court. Can you
390
00:22:42,730 --> 00:22:43,730
wait outside?
391
00:22:43,770 --> 00:22:44,770
Sure.
392
00:22:45,550 --> 00:22:49,610
Wow. He just bashed your head in for
calling his son the killer?
393
00:22:49,910 --> 00:22:50,910
Something like that.
394
00:22:50,970 --> 00:22:53,970
Make sure you tell him to rub vitamin E
on. It'll help with the scar.
395
00:22:55,070 --> 00:22:56,070
Thank you.
396
00:22:56,130 --> 00:22:57,970
You know, you really could wait outside.
397
00:22:59,130 --> 00:23:00,130
Sure.
398
00:23:00,930 --> 00:23:02,510
Eleanor says it's a half hour till
George.
399
00:23:07,310 --> 00:23:09,990
And when I opened my bag, there it was.
400
00:23:10,810 --> 00:23:11,810
Her head?
401
00:23:12,070 --> 00:23:13,770
Yes. And what did you do next?
402
00:23:14,770 --> 00:23:16,230
First I went into a little shock.
403
00:23:18,010 --> 00:23:19,670
Then I came to you, my lawyer.
404
00:23:21,050 --> 00:23:22,870
And together we went to the police.
405
00:23:23,330 --> 00:23:25,950
Do you know of anybody who would want to
incriminate you like this?
406
00:23:27,310 --> 00:23:28,310
No.
407
00:23:28,670 --> 00:23:31,510
George, you have to know how this looks.
408
00:23:32,490 --> 00:23:33,910
Can't you tell us anything?
409
00:23:35,310 --> 00:23:38,450
All I can tell you is I didn't kill this
woman.
410
00:23:38,910 --> 00:23:40,010
We made love.
411
00:23:40,810 --> 00:23:43,770
I left, and she was alive.
412
00:23:47,110 --> 00:23:50,010
Why didn't you go back to your place?
Why a motel?
413
00:23:50,290 --> 00:23:53,030
My place wasn't very impressive or neat.
414
00:23:53,230 --> 00:23:56,370
You leave a bar after midnight with a
woman you just met.
415
00:23:56,810 --> 00:23:58,190
You're worried about neatness?
416
00:23:58,790 --> 00:24:03,890
Yes. So you said, let's go to a motel,
and she said yes.
417
00:24:04,570 --> 00:24:08,290
A 23 -year -old beautiful woman. She
said, sure.
418
00:24:08,850 --> 00:24:09,910
That's what happened.
419
00:24:10,490 --> 00:24:14,050
And after you made love, why'd you
leave? Why not spend the night?
420
00:24:15,150 --> 00:24:17,270
I had a very early morning at work.
421
00:24:17,690 --> 00:24:19,230
Anybody see you leave the motel?
422
00:24:19,870 --> 00:24:23,790
Not that I know of. Anybody you know of
who could testify that it's against your
423
00:24:23,790 --> 00:24:24,930
character to kill a person?
424
00:24:25,290 --> 00:24:29,750
Objection. Sustained. Mr. Volgeman,
basically, all you have to suggest your
425
00:24:29,750 --> 00:24:31,210
innocence is your word.
426
00:24:31,690 --> 00:24:35,430
Do you have any evidence or witnesses to
corroborate your word is worth
427
00:24:35,430 --> 00:24:37,250
anything? Objection, sidebar.
428
00:24:37,590 --> 00:24:38,590
Step up.
429
00:24:42,750 --> 00:24:46,110
He's trying to force us into character
testimony so he can backdoor the videos
430
00:24:46,110 --> 00:24:49,530
on impeachment. Any witness who takes
the stand puts his truthfulness in
431
00:24:49,570 --> 00:24:50,570
I'm entitled to cross.
432
00:24:50,670 --> 00:24:55,010
Attack him on truthfulness if you want,
but don't be asking what witnesses or
433
00:24:55,010 --> 00:24:56,010
evidence he has.
434
00:24:57,450 --> 00:24:58,450
Step back.
435
00:25:04,720 --> 00:25:06,060
Mr. Vogelman, are you married?
436
00:25:06,900 --> 00:25:08,280
No. Girlfriend?
437
00:25:09,140 --> 00:25:11,140
No. Have you ever had a girlfriend?
438
00:25:12,520 --> 00:25:15,120
No. Ever been in any relationship?
439
00:25:15,520 --> 00:25:16,520
I've dated.
440
00:25:16,540 --> 00:25:17,540
You've dated?
441
00:25:17,780 --> 00:25:18,880
How old are you, sir?
442
00:25:19,720 --> 00:25:20,720
43.
443
00:25:21,400 --> 00:25:24,260
43 years old and you've never had a
relationship?
444
00:25:24,560 --> 00:25:25,539
Asked and answered.
445
00:25:25,540 --> 00:25:27,640
Sustained. Do you meet women through the
personals?
446
00:25:28,040 --> 00:25:29,040
Sometimes I do.
447
00:25:29,340 --> 00:25:31,480
Do you sometimes go to bars, meet women
there?
448
00:25:31,720 --> 00:25:34,000
Yes. Ever meet a woman on the Internet?
449
00:25:37,080 --> 00:25:39,800
Ever meet a woman on the Internet, Mr.
Vogelman?
450
00:25:41,780 --> 00:25:45,100
Yes. Are you the man Susan Robin met on
the Internet?
451
00:25:45,320 --> 00:25:47,740
No. Did she go to that bar to meet you,
the man on the Internet?
452
00:25:47,960 --> 00:25:49,920
No. I met her at the bar.
453
00:25:50,800 --> 00:25:52,820
I never communicated with her on the
Internet.
454
00:25:54,240 --> 00:25:58,040
Just one last hypothetical, Mr.
Vogelman, and then I'll be done.
455
00:25:59,000 --> 00:26:04,040
Say this woman meets a man on the
Internet. He maybe oversells himself
456
00:26:04,040 --> 00:26:06,020
little. She agrees to meet him.
457
00:26:06,780 --> 00:26:07,940
She's disappointed.
458
00:26:09,040 --> 00:26:10,040
Rejects him.
459
00:26:10,060 --> 00:26:14,860
And this man, who's been rejected so
many times, has finally had enough.
460
00:26:14,960 --> 00:26:18,220
Objection. This is an argument, not a
question. Enough is enough. Right,
461
00:26:18,560 --> 00:26:19,560
Objection. Sustained.
462
00:26:26,240 --> 00:26:28,970
Do you... Have any more questions, Mr.
Tisbury?
463
00:26:30,190 --> 00:26:31,190
No, Your Honor.
464
00:26:31,770 --> 00:26:32,770
I don't believe I do.
465
00:26:36,430 --> 00:26:37,430
Counsel?
466
00:26:39,330 --> 00:26:40,330
Ms. Frock?
467
00:26:42,510 --> 00:26:43,510
Nothing, Your Honor.
468
00:26:43,950 --> 00:26:45,150
The witness may step down.
469
00:26:49,250 --> 00:26:52,110
I hate to rest on that. Should we
redirect?
470
00:26:52,850 --> 00:26:54,490
I don't think so. It could get worse.
471
00:26:54,910 --> 00:26:55,910
Maybe we...
472
00:26:58,969 --> 00:27:00,170
What? I have an idea.
473
00:27:02,470 --> 00:27:04,330
The defense recalls Helen Gamble.
474
00:27:04,690 --> 00:27:05,690
She's right back there.
475
00:27:07,190 --> 00:27:08,610
Ms. Gamble, step up, please.
476
00:27:17,930 --> 00:27:18,930
What are you doing?
477
00:27:19,270 --> 00:27:20,730
Ms. Gamble, please take the stand.
478
00:27:25,520 --> 00:27:29,120
You testified the reason we called you
that day is because of your relationship
479
00:27:29,120 --> 00:27:30,120
with our office.
480
00:27:30,320 --> 00:27:33,980
I assumed that was the reason you called
me. Well, does our office enjoy a
481
00:27:33,980 --> 00:27:34,980
certain trust with you?
482
00:27:35,360 --> 00:27:36,420
I would think so.
483
00:27:36,660 --> 00:27:40,680
And a candor? Yes. And in the spirit of
that candor, did you and I have a
484
00:27:40,680 --> 00:27:42,400
conversation about this case last week?
485
00:27:42,720 --> 00:27:43,920
Objection. Overruled.
486
00:27:46,160 --> 00:27:47,640
Did we talk about this case?
487
00:27:49,880 --> 00:27:53,060
Miss Gamble, did you and I discuss this
case?
488
00:27:57,410 --> 00:27:59,350
briefly and generally.
489
00:28:00,270 --> 00:28:05,330
And did you tell me that the police and
the DA's office both just wanted a check
490
00:28:05,330 --> 00:28:07,510
solved in the little box next to...
Objection!
491
00:28:07,830 --> 00:28:09,290
Overruled. Let me speed things up.
492
00:28:10,250 --> 00:28:14,490
Did you basically tell me that given the
publicity, a conviction is desperately
493
00:28:14,490 --> 00:28:18,090
needed here? That if anybody else were
charged with this crime, your office
494
00:28:18,090 --> 00:28:19,290
would never get that conviction?
495
00:28:19,650 --> 00:28:23,190
Since George Vogelman having the head in
his medical bag would guarantee
496
00:28:23,190 --> 00:28:25,550
reasonable doubt to whoever else was
charged?
497
00:28:26,280 --> 00:28:30,520
And because of that, the police and the
DA's office, on at least an unconscious
498
00:28:30,520 --> 00:28:34,180
level, might want to believe that George
Vogelman is the killer and therefore
499
00:28:34,180 --> 00:28:36,100
not bother to look for anybody else?
500
00:28:36,660 --> 00:28:38,700
Did you share all that with me?
501
00:28:38,940 --> 00:28:41,520
First, I have no direct information on
this case.
502
00:28:41,980 --> 00:28:45,920
Second... Please just respond. I am
responding. It was a long question,
503
00:28:46,260 --> 00:28:46,979
Your Honor?
504
00:28:46,980 --> 00:28:47,980
She can answer.
505
00:28:50,670 --> 00:28:56,410
I never suggested or even hinted that
somebody else besides George Bogleman
506
00:28:56,410 --> 00:28:57,450
committed this crime.
507
00:28:57,650 --> 00:29:02,110
I didn't ask what you thought. And I
never suggested that the DA's office
508
00:29:02,110 --> 00:29:03,870
convinced of your client's guilt.
509
00:29:04,090 --> 00:29:07,690
Did you say they might not want to look
further? That it's easier to believe
510
00:29:07,690 --> 00:29:10,130
you've got the right guy when there's
pressure to get a conviction?
511
00:29:10,890 --> 00:29:15,490
I said sometimes it's been known to
happen. I didn't say it happened here.
512
00:29:15,490 --> 00:29:19,590
but you said it's been known to happen
in a conversation about this case.
513
00:29:20,240 --> 00:29:21,240
Didn't you?
514
00:29:23,680 --> 00:29:29,320
Again, I have no reason to believe that
this particular investigation has been
515
00:29:29,320 --> 00:29:31,380
anything but proper and thorough.
516
00:29:33,540 --> 00:29:34,540
Thank you.
517
00:29:35,120 --> 00:29:36,900
That was a good answer for the team.
518
00:29:40,000 --> 00:29:42,620
Are you suggesting the investigation's
tainted?
519
00:29:42,900 --> 00:29:45,680
There was collusion between the police
and the DA's office.
520
00:29:54,700 --> 00:29:55,700
What the hell was that, Eleanor?
521
00:29:55,820 --> 00:29:59,020
Ellen, I'm sorry. You just cut my legs
out. Sorry?
522
00:29:59,240 --> 00:30:03,100
I tell you something in confidence and
you ambush me in open court? I had to
523
00:30:03,100 --> 00:30:05,240
make a choice. I had a duty to my clock.
No good.
524
00:30:05,460 --> 00:30:09,720
You screwed me in this office for the
last time. I was backed into a... That's
525
00:30:09,720 --> 00:30:10,720
crap.
526
00:30:17,660 --> 00:30:18,660
She's right.
527
00:30:19,200 --> 00:30:22,420
What was I going to do? Tell George,
hey, I could have saved you, but...
528
00:30:22,420 --> 00:30:24,320
isn't the only client in this firm. No.
529
00:30:24,600 --> 00:30:28,500
Pearson is. She's right, Eleanor. We
need our credibility with every case,
530
00:30:28,500 --> 00:30:31,600
just this one. It's not something I
planned to do. But you did it.
531
00:30:35,100 --> 00:30:38,640
We have to rely on relationships with
DAs a lot.
532
00:30:39,100 --> 00:30:42,480
Sometimes those off -the -cuff
conversations make the difference. You
533
00:30:42,480 --> 00:30:45,360
DA down there is going to want to talk
to us again? So I should let George go
534
00:30:45,360 --> 00:30:48,040
down so we can preserve our invites to
the Christmas parties?
535
00:30:48,460 --> 00:30:49,460
Yes.
536
00:30:50,320 --> 00:30:54,200
Our dialogue with that office is more
important than any one case. I've got to
537
00:30:54,200 --> 00:30:56,660
deal with them on sentencing next week.
I'm sure they'll be in great moods to...
538
00:30:56,660 --> 00:30:59,540
Oh, get over your professor, Lindsay.
What did you do, sleep with the guy?
539
00:31:06,900 --> 00:31:11,000
Hey, Eleanor. I love it when girls
fight. It's better than hockey. Quiet,
540
00:31:11,480 --> 00:31:13,180
Back up, Eleanor. Back up.
541
00:31:14,640 --> 00:31:15,640
You too.
542
00:31:16,960 --> 00:31:18,780
I don't care what the stakes are.
543
00:31:19,020 --> 00:31:23,240
If the DA has an off -the -record
conversation with any of us, it stays
544
00:31:23,240 --> 00:31:28,180
record. Otherwise, it's like Lindsay
says, we lose our credibility in every
545
00:31:28,180 --> 00:31:31,720
case. Well, tell that to the drowning
man that you're more concerned about the
546
00:31:31,720 --> 00:31:34,500
boat. I am not talking to a drowning
man, Eleanor.
547
00:31:35,140 --> 00:31:36,520
I am talking to you.
548
00:31:37,920 --> 00:31:39,600
Let's everybody settle down a little.
549
00:31:40,700 --> 00:31:42,540
There's a lot of stakes for a lot of
people.
550
00:31:42,940 --> 00:31:45,340
Tearing each other new armpits isn't
going to help anybody.
551
00:32:03,280 --> 00:32:07,300
Of course they had to arrest George
Vogelman. The victim's head was in his
552
00:32:07,300 --> 00:32:08,300
possession.
553
00:32:08,360 --> 00:32:10,380
I don't blame the police for thinking he
did it.
554
00:32:10,780 --> 00:32:11,780
How could they not?
555
00:32:12,860 --> 00:32:13,860
How could you not?
556
00:32:14,520 --> 00:32:16,900
But there's a reason nobody saw him
commit the crime.
557
00:32:17,380 --> 00:32:20,240
There's a reason there was no weapon
connected to him.
558
00:32:21,320 --> 00:32:22,340
He didn't do it.
559
00:32:23,160 --> 00:32:24,160
Who did?
560
00:32:24,560 --> 00:32:28,820
I don't know. You heard my co -counsel
grill Susan Robbins' brother as a
561
00:32:28,820 --> 00:32:29,820
possible suspect.
562
00:32:31,060 --> 00:32:32,340
Well, let me admit a truth.
563
00:32:34,250 --> 00:32:37,690
We don't have any direct evidence to
conclude the brother did it. If so, we
564
00:32:37,690 --> 00:32:38,770
certainly would have offered it.
565
00:32:39,570 --> 00:32:40,870
But he did have a motive.
566
00:32:41,370 --> 00:32:46,490
He was estranged from her. His debt, the
will, his whereabouts at the time can't
567
00:32:46,490 --> 00:32:49,930
really be accounted for. He could have
done it.
568
00:32:50,870 --> 00:32:55,790
The reason we can't know is because the
police never really bothered to check
569
00:32:55,790 --> 00:33:01,570
that out. Steve Robbins said himself
that they never even questioned him.
570
00:33:02,210 --> 00:33:08,550
Imagine. He has motive, opportunity, no
alibi, and they didn't even investigate
571
00:33:08,550 --> 00:33:10,190
him as a possibility.
572
00:33:11,310 --> 00:33:15,890
Why? Because the head was found in
George Vogelman's medical bag.
573
00:33:16,690 --> 00:33:17,790
And Jay Hickman?
574
00:33:18,290 --> 00:33:19,290
Susan's boyfriend?
575
00:33:19,590 --> 00:33:23,250
I have no reason to believe that he
killed her, but his whereabouts can't be
576
00:33:23,250 --> 00:33:24,250
accounted for either.
577
00:33:24,890 --> 00:33:28,430
Motive? Well, she was with another man
in a motel.
578
00:33:30,160 --> 00:33:35,480
There are a lot of questions left
unanswered here because the police never
579
00:33:35,480 --> 00:33:37,280
really looked.
580
00:33:37,780 --> 00:33:41,880
You heard District Attorney Helen Gamble
admit it's possible they didn't want to
581
00:33:41,880 --> 00:33:46,240
find anybody else because they needed to
get a conviction on this. And the head,
582
00:33:46,240 --> 00:33:50,640
being in George Vogelman's bag, he was
the only one they could possibly
583
00:33:50,840 --> 00:33:53,580
Easier to stay with him and not
complicate it.
584
00:33:55,280 --> 00:33:57,980
Any evidence offered as to George
Vogelman's motive?
585
00:34:00,180 --> 00:34:05,400
No. And why, if he is supposedly trying
to get away with a crime, does he put
586
00:34:05,400 --> 00:34:10,380
the victim's head in a bag and go to the
police with it? Does that make sense?
587
00:34:12,260 --> 00:34:16,900
And let's not forget about the poet, a
known serial killer out there in the
588
00:34:16,900 --> 00:34:20,860
Boston area that has an M .O. for
decapitating victims.
589
00:34:21,460 --> 00:34:22,980
Has anybody accounted for him?
590
00:34:24,400 --> 00:34:27,219
There are a lot of questions that need
answering.
591
00:34:27,900 --> 00:34:34,000
Questions that were never asked or
explored because this just seemed so
592
00:34:34,560 --> 00:34:36,540
The head was in his bag.
593
00:34:36,840 --> 00:34:39,880
He must have done it. Well, he didn't.
594
00:34:40,139 --> 00:34:45,320
I have no doubt the prosecution needs
that conviction. They surely do. But
595
00:34:45,320 --> 00:34:47,900
are prosecuting the wrong man.
596
00:34:49,900 --> 00:34:55,639
No evidence, not even microscopic, of
anybody else being in that room.
597
00:34:56,270 --> 00:34:57,810
Except George Vogelman.
598
00:34:58,230 --> 00:35:02,190
Defense counsel gave us quite a show,
didn't they? The brother did it.
599
00:35:02,630 --> 00:35:04,470
No, maybe it was the boyfriend.
600
00:35:05,270 --> 00:35:06,930
How about that serial killer?
601
00:35:08,210 --> 00:35:10,090
Forensics combed that room.
602
00:35:10,310 --> 00:35:16,370
There were saliva samples, fibers from
clothing, semen, hair strands,
603
00:35:16,710 --> 00:35:22,870
fingerprints. They didn't go to a serial
killer or Susan Robbins' brother or her
604
00:35:22,870 --> 00:35:25,210
boyfriend. They all belonged.
605
00:35:25,920 --> 00:35:27,060
To George Vogelman.
606
00:35:27,420 --> 00:35:29,980
The man who says he went home alone.
607
00:35:30,320 --> 00:35:33,240
The man who sits there with no alibi.
608
00:35:34,240 --> 00:35:39,960
Yes, it was easy to conclude he did it.
And on top of all the insurmountable
609
00:35:39,960 --> 00:35:43,740
evidence at the scene, he had the
victim's head.
610
00:35:44,920 --> 00:35:50,280
My God, he decapitated a woman. And his
lawyers have offered you nothing but
611
00:35:50,280 --> 00:35:51,760
spin as a defense.
612
00:35:52,570 --> 00:35:56,010
Did they put in one piece of physical or
testimonial evidence?
613
00:35:56,390 --> 00:35:58,070
Anything at all exculpatory?
614
00:35:59,210 --> 00:36:01,410
No. Just spin.
615
00:36:02,750 --> 00:36:03,750
He did it.
616
00:36:03,930 --> 00:36:08,950
No, he did it. Look there. Over here.
Don't forget that police conspiracy.
617
00:36:09,290 --> 00:36:10,430
Collusion with the DA.
618
00:36:12,470 --> 00:36:14,890
And they expect you to let him go?
619
00:36:16,710 --> 00:36:19,650
They're not insulting your intelligence,
ladies and gentlemen.
620
00:36:20,490 --> 00:36:23,210
They're assuming you just don't have
any.
621
00:36:45,450 --> 00:36:49,550
Got any predictions?
622
00:36:50,960 --> 00:36:52,340
Innocent, guilty, or hung.
623
00:36:55,460 --> 00:36:57,140
How long before... There's no telling.
624
00:37:01,000 --> 00:37:02,000
Eugene?
625
00:37:03,100 --> 00:37:04,640
Could you excuse us a second?
626
00:37:21,800 --> 00:37:24,020
All the evidence is closed, right?
627
00:37:27,220 --> 00:37:28,220
Yeah.
628
00:37:29,460 --> 00:37:31,080
Then I'm going to tell you something.
629
00:37:32,740 --> 00:37:36,480
We both know I've always had some motive
to tell you I'm innocent.
630
00:37:38,420 --> 00:37:40,260
It allowed you to let me testify.
631
00:37:41,720 --> 00:37:45,660
It allowed you to, I don't know, try
harder.
632
00:37:46,960 --> 00:37:47,980
But now...
633
00:37:48,940 --> 00:37:51,860
The evidence being closed, it doesn't
matter what I tell you.
634
00:37:55,020 --> 00:37:56,240
I didn't do it.
635
00:37:59,400 --> 00:38:03,320
When you looked at me a few months ago,
you said you believed in me.
636
00:38:04,000 --> 00:38:07,820
But you couldn't fully trust yourself to
believe in what you believe.
637
00:38:10,380 --> 00:38:12,600
You can trust yourself, Eleanor.
638
00:38:14,520 --> 00:38:15,920
You've been right all along.
639
00:38:18,800 --> 00:38:19,800
I didn't do it.
640
00:38:40,140 --> 00:38:44,080
You know, in the future, if you're going
to hurl a book at someone, it should be
641
00:38:44,080 --> 00:38:45,080
at somebody your own size.
642
00:38:45,340 --> 00:38:46,640
She was about to flatten you.
643
00:38:47,320 --> 00:38:48,460
I'll try to remember that.
644
00:38:48,740 --> 00:38:51,320
And also, I'm a pretty good judge of
character.
645
00:38:51,920 --> 00:38:55,240
Eleanor, I think normally she's
peaceful.
646
00:38:55,640 --> 00:38:58,300
But when riled, she looks dangerous.
647
00:38:59,480 --> 00:39:01,540
Well, maybe you should tell her that.
648
00:39:02,480 --> 00:39:03,620
You think I'm crazy?
649
00:39:05,540 --> 00:39:11,340
I knew you were there.
650
00:39:24,270 --> 00:39:25,670
I'm sorry what I said about Pearson.
651
00:39:27,550 --> 00:39:28,550
I know.
652
00:39:28,750 --> 00:39:30,730
I'm sorry about the book.
653
00:39:32,270 --> 00:39:37,750
And I'm sorry about my intent to
flatten.
654
00:39:40,910 --> 00:39:44,550
I know saying sorry isn't going to cut
it for Helen, but... I'll work on her.
655
00:39:46,530 --> 00:39:47,530
You got it.
656
00:39:49,530 --> 00:39:50,530
Verdict.
657
00:40:14,480 --> 00:40:15,740
Will the defendant please rise?
658
00:40:24,540 --> 00:40:27,840
Mr. Foreman, the jury has reached a
unanimous verdict. We have.
659
00:40:29,620 --> 00:40:30,620
What say you?
660
00:40:34,580 --> 00:40:38,420
Commonwealth versus George Vogelman on
the count of murder in the first degree.
661
00:40:39,340 --> 00:40:43,400
We find the defendant, George Vogelman,
not guilty.
662
00:40:51,980 --> 00:40:52,980
I've never heard that.
663
00:40:58,320 --> 00:41:00,980
The defendant is free to go.
664
00:41:14,420 --> 00:41:19,480
What do you think changed the jury for
you? What are your plans?
665
00:41:34,320 --> 00:41:35,320
Is it really over?
666
00:41:38,000 --> 00:41:39,000
Yeah.
667
00:41:39,960 --> 00:41:40,960
Thank you.
668
00:41:45,260 --> 00:41:46,260
Thank you.
669
00:41:51,180 --> 00:41:53,000
I don't know really what to say.
56161
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