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WOMAN: If you
could pick just one day
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00:00:11,141 --> 00:00:15,015
and undo it, make it go away,
make it never have happened...
3
00:00:15,058 --> 00:00:17,278
["Chances Are" by
Johnny Mathis playing]
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00:00:17,321 --> 00:00:19,280
What day would it be?
5
00:00:19,323 --> 00:00:23,588
♪ Chances are... How
about our wedding day?
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00:00:23,632 --> 00:00:26,330
♪ I wear a silly grin... I mean,
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00:00:26,374 --> 00:00:28,854
that would be a very efficient
choice, don't you think?
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00:00:28,898 --> 00:00:31,857
Because if you could
change that one day,
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00:00:31,901 --> 00:00:35,600
all the other days...
The 18 years since...
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00:00:35,644 --> 00:00:38,081
Would just vanish, too.
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00:00:40,388 --> 00:00:42,738
Oh, I want to go into the city.
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00:00:42,781 --> 00:00:45,871
I want to go to the apartment
on Madison like we used to.
13
00:00:46,959 --> 00:00:48,700
Spend the weekend in bed
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00:00:48,744 --> 00:00:51,399
just ordering food
and hold each other.
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00:00:51,442 --> 00:00:54,706
Come on, Rache. You made
me sell the place on Madison
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00:00:54,750 --> 00:00:56,708
a decade ago.
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00:00:56,752 --> 00:00:58,536
And as for spending
the weekend in bed,
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00:00:58,580 --> 00:01:00,843
we got a perfectly
good bed here.
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00:01:00,886 --> 00:01:02,932
And a cook.
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00:01:02,975 --> 00:01:05,282
Come on.
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00:01:05,326 --> 00:01:07,110
Whole weekend in bed?
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00:01:07,154 --> 00:01:10,548
Spending an hour in
bed... At least with me...
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Hasn't been something you've
expressed much interest in
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00:01:14,291 --> 00:01:16,119
in a very long time.
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00:01:17,773 --> 00:01:19,209
And that's fine.
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00:01:19,253 --> 00:01:21,385
Although if that's
what you want, I'm...
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00:01:21,429 --> 00:01:24,388
Do you hate me?
28
00:01:25,433 --> 00:01:27,217
Okay.
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00:01:27,261 --> 00:01:32,396
Somebody... has
had too much wine.
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00:01:32,440 --> 00:01:34,746
I'm too rich to leave, aren't I?
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00:01:34,790 --> 00:01:37,358
That's the problem, isn't it?
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The problem is that
when you're not at work,
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00:01:40,056 --> 00:01:41,927
you don't know what
to do with yourself
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00:01:41,971 --> 00:01:44,104
and so you start drinking
at 10:00 in the morning.
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00:01:44,147 --> 00:01:47,194
That's not the problem,
that's the solution.
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00:01:47,237 --> 00:01:52,373
♪ Chances are... Okay.
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00:01:52,416 --> 00:01:54,462
Time for us to go back to shore.
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00:01:54,505 --> 00:01:58,422
[glass shatters]Mm. I
don't want to go in yet.
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00:02:03,732 --> 00:02:05,864
Come on.
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00:02:05,908 --> 00:02:07,866
We'll go back.
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00:02:07,910 --> 00:02:10,260
We'll take off our clothes
and we'll climb into bed,
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00:02:10,304 --> 00:02:11,609
just like you wanted.
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00:02:11,653 --> 00:02:14,612
What's her name?
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00:02:14,656 --> 00:02:17,093
What's whose name?
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00:02:17,137 --> 00:02:19,574
The girl in your head.
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00:02:19,617 --> 00:02:23,404
The girl you'll imagine you're
with while you're with me.
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00:02:23,447 --> 00:02:25,667
You are the girl in my head.
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00:02:25,710 --> 00:02:26,842
[laughs softly]
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00:02:26,885 --> 00:02:28,409
♪ That fill the skies...
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00:02:28,452 --> 00:02:30,933
You know what would
make me happy?
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00:02:31,977 --> 00:02:33,718
♪ Guess you...
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00:02:33,762 --> 00:02:35,111
It would make me happy to take
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00:02:35,155 --> 00:02:39,463
that fire extinguisher
and just...
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00:02:39,507 --> 00:02:42,162
smash you on the head with it.
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00:02:42,205 --> 00:02:44,338
♪ If you think you could...
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00:02:44,381 --> 00:02:46,601
I would enjoy that.
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00:02:46,644 --> 00:02:51,040
♪ Well, chances are
♪ Your chances are...
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00:02:51,083 --> 00:02:54,130
I can't do this anymore.
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00:02:54,174 --> 00:02:57,046
You've become a monster.
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00:02:57,089 --> 00:02:59,831
You've made me a monster.
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00:02:59,875 --> 00:03:02,007
And stop crying.
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00:03:02,051 --> 00:03:03,487
God, I hate you when you cry.
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00:03:03,531 --> 00:03:07,099
You're such a sniveling
nothing of a man!
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00:03:07,143 --> 00:03:08,884
The keys! Where did the keys go?
65
00:03:08,927 --> 00:03:10,059
I have the keys.
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00:03:10,102 --> 00:03:13,236
I told you I don't
want to go in yet.
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00:03:13,280 --> 00:03:16,979
Just come away from the
wheel and pour me another drink.
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00:03:18,285 --> 00:03:20,461
NEWSWOMAN [over TV]:
Good morning and, as always,
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00:03:20,504 --> 00:03:22,419
we thank you for joining us.
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00:03:22,463 --> 00:03:24,160
Have you seen Peter?
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00:03:24,204 --> 00:03:25,311
Do you know where
Peter might be?
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00:03:25,335 --> 00:03:26,704
I haven't seen
him since last night.
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00:03:26,728 --> 00:03:28,164
Maybe he's still sleeping?
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00:03:28,208 --> 00:03:29,905
What'd you do to your wrist?
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00:03:29,948 --> 00:03:32,386
Oh. I don't know.
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00:03:33,561 --> 00:03:35,519
It's nothing.
77
00:03:35,563 --> 00:03:38,043
♪
78
00:03:57,324 --> 00:03:58,934
Pete?
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00:03:58,977 --> 00:04:00,675
You awake?
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00:04:11,381 --> 00:04:13,383
Peter!
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00:04:22,349 --> 00:04:24,307
My friends in the legal world
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00:04:24,351 --> 00:04:26,962
tell me that if you're
staring at a criminal trial...
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00:04:27,005 --> 00:04:28,355
Staring at a jury trial...
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00:04:28,398 --> 00:04:31,967
You are the gentlemen
they would want by their side.
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00:04:32,010 --> 00:04:34,404
Are you staring
at a criminal trial?
86
00:04:34,448 --> 00:04:35,840
This past weekend
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00:04:35,884 --> 00:04:38,756
my husband Peter and
I went out on our boat.
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00:04:38,800 --> 00:04:40,802
We were drinking.
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00:04:40,845 --> 00:04:43,370
And fighting.
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00:04:43,413 --> 00:04:45,937
Wh-When we finally
got back to shore
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00:04:45,981 --> 00:04:48,113
it was dark and Peter was...
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00:04:48,157 --> 00:04:51,813
not ready to get off the boat.
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00:04:51,856 --> 00:04:52,988
Intoxicated.
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00:04:53,031 --> 00:04:54,337
Yes.
95
00:04:54,381 --> 00:04:56,513
I think we both were.
96
00:04:56,557 --> 00:04:58,646
The last time I saw him
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00:04:58,689 --> 00:05:01,344
was down below in the
sleeping compartment,
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00:05:01,388 --> 00:05:03,041
which was not unusual for him.
99
00:05:03,085 --> 00:05:05,914
Not unusual for us.
100
00:05:05,957 --> 00:05:08,438
I docked the boat, went
back to the house. Figured
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00:05:08,482 --> 00:05:12,442
he'd find his way
back in later that night.
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00:05:13,617 --> 00:05:15,184
When I woke up this morning,
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00:05:15,227 --> 00:05:17,360
I couldn't find him.
104
00:05:17,404 --> 00:05:20,407
I went down to the
boat. He wasn't there.
105
00:05:21,843 --> 00:05:24,149
But there was blood.
106
00:05:25,194 --> 00:05:27,022
Did you call the police?
107
00:05:27,065 --> 00:05:28,850
They're still out there.
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00:05:28,893 --> 00:05:30,199
Investigating.
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00:05:30,242 --> 00:05:32,244
I answered all their questions.
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00:05:32,288 --> 00:05:33,594
Without a lawyer?
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00:05:33,637 --> 00:05:35,378
Yes.
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00:05:35,422 --> 00:05:38,773
Because... why not?
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00:05:39,817 --> 00:05:40,949
But I could tell
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00:05:40,992 --> 00:05:42,559
from the way they
were speaking to me,
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00:05:42,603 --> 00:05:44,082
the way they were
looking at me...
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00:05:44,126 --> 00:05:45,867
That you were a suspect.
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00:05:45,910 --> 00:05:49,087
So, you awoke this
morning to discover
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00:05:49,131 --> 00:05:50,761
that you didn't know
where your husband was.
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00:05:50,785 --> 00:05:51,873
You called the police.
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00:05:51,916 --> 00:05:53,657
They came to your house.
121
00:05:53,701 --> 00:05:56,704
And then... you came to work?
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00:05:56,747 --> 00:05:59,402
I didn't know where to go.
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00:05:59,446 --> 00:06:02,927
I-I wanted to look for him,
but where do you look?
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00:06:02,971 --> 00:06:04,494
We-we were on the water.
125
00:06:04,538 --> 00:06:07,802
I want to believe
he's still alive.
126
00:06:08,846 --> 00:06:11,806
But alive where?
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00:06:11,849 --> 00:06:14,504
Other than the fact that you
were the last person to see him,
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00:06:14,548 --> 00:06:16,985
is there any other
reason anyone would have
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00:06:17,028 --> 00:06:19,117
to suspect you of foul play?
130
00:06:21,119 --> 00:06:23,252
Two months ago, we...
131
00:06:23,295 --> 00:06:24,775
threw a party at the lake house.
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00:06:24,819 --> 00:06:26,168
About a hundred people.
133
00:06:26,211 --> 00:06:29,432
Peter and I got into it.
134
00:06:29,476 --> 00:06:32,609
He says I get mean when I drink.
135
00:06:32,653 --> 00:06:34,611
I do get mean when I drink.
136
00:06:34,655 --> 00:06:37,440
Apparently, I got loud
and really abusive.
137
00:06:37,484 --> 00:06:38,659
Really let him have it.
138
00:06:38,702 --> 00:06:41,183
Everyone saw.
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00:06:41,226 --> 00:06:43,794
Or so I was told.
140
00:06:43,838 --> 00:06:45,187
Or so you were told.
141
00:06:45,230 --> 00:06:48,103
Do you suffer from
blackouts, Mrs. Thomas?
142
00:06:48,146 --> 00:06:49,452
I don't know what that means.
143
00:06:49,496 --> 00:06:51,454
I suffer from drinking too much
144
00:06:51,498 --> 00:06:54,718
and not always remembering
everything afterward.
145
00:06:56,720 --> 00:06:58,026
What happened to your wrist?
146
00:06:58,069 --> 00:07:00,420
Oh. Oh, this.
147
00:07:00,463 --> 00:07:03,205
I was walking my dog.
He took off after a squirrel.
148
00:07:03,248 --> 00:07:06,295
Pulled me down onto the
sidewalk with him. I landed on it.
149
00:07:06,338 --> 00:07:07,818
Bruised it pretty
badly.[knocking]
150
00:07:07,862 --> 00:07:10,647
WOMAN: I'm sorry to
interrupt, Mrs. Thomas.
151
00:07:10,691 --> 00:07:13,476
It's the medical
examiner's office.
152
00:07:15,696 --> 00:07:17,393
Okay.
153
00:07:18,699 --> 00:07:21,484
They found the
body down the shore.
154
00:07:21,528 --> 00:07:23,617
Apparently, he drowned,
155
00:07:23,660 --> 00:07:26,315
but there's also significant
blunt force trauma
156
00:07:26,358 --> 00:07:28,448
visible on the
back of the skull.
157
00:07:28,491 --> 00:07:30,798
So, here's the thing.
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00:07:30,841 --> 00:07:33,496
Almost everybody has
had too much to drink
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00:07:33,540 --> 00:07:35,716
at one time or another,
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00:07:35,759 --> 00:07:38,022
but this "I don't remember"
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00:07:38,066 --> 00:07:40,329
is not going to be
an easy sell to a jury
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00:07:40,372 --> 00:07:42,331
as a defense for murder.
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00:07:42,374 --> 00:07:44,333
We taking the case?
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00:07:44,376 --> 00:07:45,856
She's Rachel Thomas.
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00:07:45,900 --> 00:07:47,989
She's one of the
wealthiest, smartest women
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00:07:48,032 --> 00:07:49,991
in all of New York.
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00:07:50,034 --> 00:07:53,081
She manages a hedge fund
worth over five billion dollars.
168
00:07:53,124 --> 00:07:54,517
That woman
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00:07:54,561 --> 00:07:57,607
did not get to the
top by being reckless.
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00:07:57,651 --> 00:07:59,217
She's one of the brightest minds
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00:07:59,261 --> 00:08:01,089
to ever walk the floors
of the stock exchange.
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00:08:01,132 --> 00:08:02,482
You really think the best plan
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00:08:02,525 --> 00:08:04,198
she could come up with
to get rid of her husband
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00:08:04,222 --> 00:08:06,703
was to hit him on the head
and throw him in the lake?
175
00:08:09,314 --> 00:08:11,316
Hell yeah, we're
taking this case.
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00:08:12,492 --> 00:08:14,494
♪
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MARISSA: But there
is nothing to divide.
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00:08:22,153 --> 00:08:24,242
There is nothing to buy out.
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00:08:26,593 --> 00:08:29,291
It was my apartment when
we got married the first time,
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00:08:29,334 --> 00:08:31,728
my apartment when we
got married the second time,
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00:08:31,772 --> 00:08:33,643
and it is still my apartment.
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00:08:33,687 --> 00:08:35,384
This isa civil tone.
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00:08:35,427 --> 00:08:36,864
This is as civil as my tone gets
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00:08:36,907 --> 00:08:38,668
when someone is trying
to take something of mine
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00:08:38,692 --> 00:08:40,496
that they have no right
to.[elevator bell chimes]
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00:08:40,520 --> 00:08:42,783
I have to go now.
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00:08:42,826 --> 00:08:44,741
[sighs]
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00:08:44,785 --> 00:08:48,440
Bull and Benny
apologize for not joining,
189
00:08:48,484 --> 00:08:52,053
but they are at a bail
hearing for our new client,
190
00:08:52,096 --> 00:08:53,620
Rachel Thomas, who, moments ago,
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00:08:53,663 --> 00:08:55,970
was officially charged
with second-degree murder.
192
00:08:56,013 --> 00:08:58,233
They are convinced
that the prosecution
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00:08:58,276 --> 00:09:00,191
is gonna try to
persuade the jury
194
00:09:00,235 --> 00:09:02,019
that the marriage
was falling apart.
195
00:09:02,063 --> 00:09:04,587
That Mr. Thomas
was being unfaithful,
196
00:09:04,631 --> 00:09:06,197
and that Rachel was enraged
197
00:09:06,241 --> 00:09:08,330
and killed him in a
moment of passion.
198
00:09:08,373 --> 00:09:10,027
Can they prove
any of that? Well,
199
00:09:10,071 --> 00:09:12,595
the first part of it
was definitely true.
200
00:09:12,639 --> 00:09:15,163
The Thomases had
enough fights in public
201
00:09:15,206 --> 00:09:17,948
that rounding up people
to testify to their animus
202
00:09:17,992 --> 00:09:19,863
shouldn't be a problem.
203
00:09:19,907 --> 00:09:21,386
The cheating is another matter.
204
00:09:21,430 --> 00:09:22,779
Rachel is convinced of it,
205
00:09:22,823 --> 00:09:24,607
but from what Bull
and Benny can surmise,
206
00:09:24,651 --> 00:09:26,291
she doesn't really
have any hard evidence.
207
00:09:27,088 --> 00:09:29,090
So where does
that leave us? Well,
208
00:09:29,133 --> 00:09:31,048
here's the thing.
Peter didn't know it yet,
209
00:09:31,092 --> 00:09:33,573
but Rachel had already
retained a divorce lawyer.
210
00:09:33,616 --> 00:09:35,923
She had already
decided to leave him.
211
00:09:35,966 --> 00:09:38,882
So she really had no
practical motive to kill him.
212
00:09:38,926 --> 00:09:41,624
I beg to differ. If she
had divorced Peter,
213
00:09:41,668 --> 00:09:43,408
it would have cost
her half her fortune.
214
00:09:43,452 --> 00:09:45,343
It wouldn't have cost her
half. They had a prenup.
215
00:09:45,367 --> 00:09:47,499
A very aggressive
prenup. Remember?
216
00:09:47,543 --> 00:09:50,285
Even back when
they first married
217
00:09:50,328 --> 00:09:52,156
18 years ago, she was a
wealthy businesswoman.
218
00:09:52,200 --> 00:09:53,636
He was a failed playwright.
219
00:09:53,680 --> 00:09:55,246
Here it is.
220
00:09:55,290 --> 00:09:57,684
It even stipulates that if
he were caught cheating,
221
00:09:57,727 --> 00:09:59,424
he would leave the
marriage with nothing.
222
00:09:59,468 --> 00:10:01,078
So then doesn't
it stand to reason
223
00:10:01,122 --> 00:10:04,255
that if we can prove that Peter
was actually having an affair
224
00:10:04,299 --> 00:10:07,650
and that Rachel knew about it
that she had no motive at all?
225
00:10:07,694 --> 00:10:09,130
The affair would mean
226
00:10:09,173 --> 00:10:10,773
she wouldn't have
had to give him a dime.
227
00:10:11,915 --> 00:10:13,787
When it comes to the jury,
228
00:10:13,830 --> 00:10:15,440
I think the key is
gonna be eliminating
229
00:10:15,484 --> 00:10:17,442
anyone prone to rage bias.
230
00:10:17,486 --> 00:10:19,009
Rage bias?
231
00:10:19,053 --> 00:10:20,924
What on God's earth is that?
232
00:10:20,968 --> 00:10:23,405
People who have rage
bias tend to exhibit...
233
00:10:23,448 --> 00:10:24,667
[knocking]
234
00:10:24,711 --> 00:10:26,669
I am so sorry to
interrupt. Uh, Bull,
235
00:10:26,713 --> 00:10:28,778
could I just have a word with
you outside for a moment?
236
00:10:28,802 --> 00:10:30,499
It'll be very brief.
237
00:10:34,198 --> 00:10:35,678
What's so urgent?
238
00:10:35,722 --> 00:10:37,985
It's our new client.
Our bank just called.
239
00:10:38,028 --> 00:10:39,527
The check she wrote
for our retainer...
240
00:10:39,551 --> 00:10:40,857
It bounced.
241
00:10:40,901 --> 00:10:43,164
Are you sure? Maybe
they made a mistake.
242
00:10:43,207 --> 00:10:45,166
That's Rachel Thomas.
243
00:10:45,209 --> 00:10:47,037
I watched her write
the check myself.
244
00:10:47,081 --> 00:10:48,648
It came from her
personal account.
245
00:10:48,691 --> 00:10:50,562
I'm just telling you
what they told me.
246
00:10:50,606 --> 00:10:52,782
All right. I'll handle it.
247
00:10:52,826 --> 00:10:55,393
I'll find the right moment
and I will speak to her.
248
00:10:55,437 --> 00:10:58,092
I am sure it's just a
misunderstanding.
249
00:11:00,311 --> 00:11:02,270
Sorry. Where were we?
250
00:11:02,313 --> 00:11:04,489
You were explaining rage bias.
251
00:11:04,533 --> 00:11:06,187
Yes. People
252
00:11:06,230 --> 00:11:08,319
with this particular
bias believe that those
253
00:11:08,363 --> 00:11:10,670
who let their emotions
run away with them
254
00:11:10,713 --> 00:11:13,716
are a danger to
themselves and others.
255
00:11:13,760 --> 00:11:15,936
They won't have any
trouble making the leap that
256
00:11:15,979 --> 00:11:18,721
because you are capable of
acting out against your husband
257
00:11:18,765 --> 00:11:21,376
in front of a room
full of people
258
00:11:21,419 --> 00:11:24,640
that you would also be
capable of killing him.
259
00:11:25,772 --> 00:11:28,992
[sighs] So w-what
do we do about that?
260
00:11:29,036 --> 00:11:30,994
All right, let's play "what if."
261
00:11:31,038 --> 00:11:31,908
Okay.
262
00:11:31,952 --> 00:11:35,042
What if it's rush
hour and it's raining?
263
00:11:35,085 --> 00:11:38,001
You're trying to get a cab,
you finally hail one down,
264
00:11:38,045 --> 00:11:40,830
you're about to get in when
someone rushes past you
265
00:11:40,874 --> 00:11:43,398
and tries to steal the
cab away from you.
266
00:11:43,441 --> 00:11:44,704
What do you do?
267
00:11:44,747 --> 00:11:46,618
The truth?
268
00:11:46,662 --> 00:11:49,404
I kick, claw, spit, bite and
pull the other person's hair,
269
00:11:49,447 --> 00:11:50,753
and if that doesn't work...
270
00:11:50,797 --> 00:11:52,494
We get the idea.
271
00:11:52,537 --> 00:11:54,278
My kind of gal.
272
00:11:54,322 --> 00:11:55,540
Your Honor,
273
00:11:55,584 --> 00:11:57,934
this juror is acceptable
to the defense.
274
00:11:57,978 --> 00:12:00,023
JUDGE: And that
means we have our jury.
275
00:12:00,067 --> 00:12:02,417
Let's break for lunch and
then reconvene to hear
276
00:12:02,460 --> 00:12:03,810
opening statements
277
00:12:03,853 --> 00:12:06,900
and perhaps start calling
prosecution witnesses.
278
00:12:09,076 --> 00:12:10,860
So, what's your sense?
279
00:12:10,904 --> 00:12:13,384
My sense is we
have a long way to go.
280
00:12:13,428 --> 00:12:16,736
Benny, would you, uh, go
across the street, get us a table?
281
00:12:16,779 --> 00:12:18,389
We'll meet you there.
282
00:12:19,956 --> 00:12:22,002
Two things.
283
00:12:24,308 --> 00:12:26,267
Uh, the check you wrote us...
284
00:12:26,310 --> 00:12:28,617
The bank returned
it. It bounced.
285
00:12:28,660 --> 00:12:30,967
Oh, my God. Really?
286
00:12:31,011 --> 00:12:32,186
Mm-hmm.
287
00:12:32,229 --> 00:12:33,796
I'm so sorry.
288
00:12:33,840 --> 00:12:35,667
I... I wrote it on my
personal account,
289
00:12:35,711 --> 00:12:37,800
and I know this is
horrifying to hear
290
00:12:37,844 --> 00:12:39,628
from someone who does what I do
291
00:12:39,671 --> 00:12:41,214
for a living, but sometimes I
don't even bother to... I'm not really
292
00:12:41,238 --> 00:12:42,544
concerned about it.
293
00:12:42,587 --> 00:12:44,067
I know you're good for it.
294
00:12:44,111 --> 00:12:47,201
Do you have any idea
how upset you just got?
295
00:12:47,244 --> 00:12:50,073
Well, it's-it's upsetting.
It's embarrassing. I'm-I'm...
296
00:12:50,117 --> 00:12:52,138
I-I... Well, it's nothing compared
to what we're doing here.
297
00:12:52,162 --> 00:12:53,816
We're... [sighs]
298
00:12:53,860 --> 00:12:55,426
We're fighting for your life.
299
00:12:55,470 --> 00:12:56,863
We're fighting for your freedom.
300
00:12:56,906 --> 00:12:59,604
You're accused of killing
a man, and yet you sit here
301
00:12:59,648 --> 00:13:02,782
in front of these people who
are gonna judge you... the people
302
00:13:02,825 --> 00:13:04,914
who are going to
decide your fate...
303
00:13:04,958 --> 00:13:07,047
And you seem not
the least bit upset
304
00:13:07,090 --> 00:13:09,266
that the man you
claim you didn't kill
305
00:13:09,310 --> 00:13:12,400
was taken from you little
more than a week ago.
306
00:13:12,443 --> 00:13:14,794
You don't look shocked,
you don't look sad.
307
00:13:14,837 --> 00:13:17,709
You look like you're ready
to run a board meeting.
308
00:13:22,627 --> 00:13:23,977
Do you miss him?
309
00:13:25,979 --> 00:13:27,981
Course I miss him.
310
00:13:30,722 --> 00:13:33,943
I don't mean to pry, but what
exactly are you writing down?
311
00:13:33,987 --> 00:13:35,597
It's just a note.
312
00:13:35,640 --> 00:13:37,860
Remind myself to do
all the things you said:
313
00:13:37,904 --> 00:13:41,342
look sad, look
like I'm in shock.
314
00:13:41,385 --> 00:13:42,996
[sighs] Shall we go?
315
00:13:46,216 --> 00:13:49,872
Dr. Ortiz, as the Nassau
County medical examiner
316
00:13:49,916 --> 00:13:52,527
who first examined
Peter Thomas' corpse,
317
00:13:52,570 --> 00:13:55,660
can you share with us
the official cause of death?
318
00:13:55,704 --> 00:13:58,838
Mm-hmm. Cause of death
was determined to be drowning
319
00:13:58,881 --> 00:14:01,318
after blunt force trauma
to the left temporal lobe,
320
00:14:01,362 --> 00:14:04,191
which is part of the
head just above the ear.
321
00:14:04,234 --> 00:14:06,889
And what can you tell us about
322
00:14:06,933 --> 00:14:08,760
Mr. Thomas' blood
alcohol content?
323
00:14:08,804 --> 00:14:11,502
It was quite high... 25...
324
00:14:11,546 --> 00:14:13,069
About three times
the legal limit.
325
00:14:13,113 --> 00:14:15,332
Now, your report
326
00:14:15,376 --> 00:14:18,248
indicates that Mr. Thomas
weighed over 200 pounds.
327
00:14:18,292 --> 00:14:21,338
Would the fact that he was so
intoxicated have made it harder
328
00:14:21,382 --> 00:14:24,994
or easier for a smaller
person... Let's say someone
329
00:14:25,038 --> 00:14:26,996
the size of the defendant...
330
00:14:27,040 --> 00:14:28,693
To overpower Mr. Thomas and then
331
00:14:28,737 --> 00:14:30,739
knock him over
the side of the boat?
332
00:14:30,782 --> 00:14:33,176
Seems to me it'd make it easier.
333
00:14:33,220 --> 00:14:35,135
No further questions,
Your Honor.
334
00:14:38,573 --> 00:14:42,229
Remember you told me
how much you missed him?
335
00:14:42,272 --> 00:14:44,884
Wouldn't hurt to wince a bit
every time you heard his name.
336
00:14:44,927 --> 00:14:46,494
Mm? BENNY: Good
afternoon, Dr. Ortiz.
337
00:14:46,537 --> 00:14:48,713
Now, just to recap.
338
00:14:48,757 --> 00:14:50,715
You are saying you believe
339
00:14:50,759 --> 00:14:53,022
someone struck Mr. Thomas
340
00:14:53,066 --> 00:14:55,895
in the back of the
head, creating...
341
00:14:55,938 --> 00:14:57,809
What was it you called it?
342
00:14:57,853 --> 00:14:59,594
Blunt force trauma.
343
00:14:59,637 --> 00:15:01,378
Exactly. Blunt force trauma.
344
00:15:01,422 --> 00:15:04,642
And then either dumped or
pushed him into the water.
345
00:15:04,686 --> 00:15:05,948
ORTIZ: As I said,
346
00:15:05,992 --> 00:15:08,124
that's what the evidence
seems to suggest.
347
00:15:08,168 --> 00:15:10,474
BENNY: I see. But
you haven't actually
348
00:15:10,518 --> 00:15:13,173
found the object that
inflicted this blunt force trauma,
349
00:15:13,216 --> 00:15:15,131
have you? No, we have not.
350
00:15:15,175 --> 00:15:18,961
Then how can you be so
sure of the order of events?
351
00:15:19,005 --> 00:15:20,571
Couldn't Mr. Thomas,
352
00:15:20,615 --> 00:15:22,747
who you already testified was
353
00:15:22,791 --> 00:15:26,708
incredibly intoxicated,
simply have lost his balance,
354
00:15:26,751 --> 00:15:28,362
tumbled off the side of the boat
355
00:15:28,405 --> 00:15:30,886
and hit his head as
he fell in the water?
356
00:15:30,930 --> 00:15:33,280
Well, that's
certainly a possibility,
357
00:15:33,323 --> 00:15:35,804
but not nearly as
likely, in my opinion.
358
00:15:35,847 --> 00:15:38,502
What informed that
particular opinion?
359
00:15:38,546 --> 00:15:41,114
The laceration to
the skull appears
360
00:15:41,157 --> 00:15:44,247
as if it would have required
a significant amount of force.
361
00:15:44,291 --> 00:15:47,598
Doesn't seem like a fall into
the water would get it done.
362
00:15:47,642 --> 00:15:50,950
What if... another
boat was passing by?
363
00:15:52,473 --> 00:15:55,432
What if Mr. Thomas's
head kept getting smashed
364
00:15:55,476 --> 00:15:58,827
on the stern of his own
vessel over and over again
365
00:15:58,870 --> 00:16:00,872
in the wake of the passing boat?
366
00:16:01,917 --> 00:16:03,788
Something wrong with my theory?
367
00:16:03,832 --> 00:16:07,053
Is it any less plausible
than your theory,
368
00:16:07,096 --> 00:16:08,706
which is based on the assumption
369
00:16:08,750 --> 00:16:10,273
that my client's husband was hit
370
00:16:10,317 --> 00:16:12,623
with an object no one
can prove even exists?
371
00:16:12,667 --> 00:16:14,408
He's very good.
372
00:16:14,451 --> 00:16:15,975
Is the problem
373
00:16:16,018 --> 00:16:19,848
with my theory,
Dr. Ortiz, is that it makes
374
00:16:19,891 --> 00:16:21,632
Mr. Thomas' death
375
00:16:21,676 --> 00:16:25,462
seem more likely the
result of a drunken mishap
376
00:16:25,506 --> 00:16:28,030
rather than homicide?
377
00:16:28,074 --> 00:16:29,466
Objection, Your Honor.
378
00:16:29,510 --> 00:16:30,772
Counsel is testifying.
379
00:16:30,815 --> 00:16:32,600
Sustained.
380
00:16:32,643 --> 00:16:36,299
The jury will disregard
counselor's last statements.
381
00:16:36,343 --> 00:16:38,519
Ask a question, Counselor.
382
00:16:38,562 --> 00:16:41,130
Actually, I have no further
questions, Your Honor.
383
00:16:41,174 --> 00:16:42,349
Thank you.
384
00:16:44,612 --> 00:16:46,788
LAWRENCE: Mr. Colón,
385
00:16:46,831 --> 00:16:48,920
Dr. Bull, Mrs. Thomas,
386
00:16:48,964 --> 00:16:51,662
any way I could borrow your
legal counsel for a moment?
387
00:16:51,706 --> 00:16:53,751
There's something
I'd like to show them.
388
00:16:53,795 --> 00:16:56,189
We just got these from
the Nassau County Police.
389
00:16:57,190 --> 00:16:58,669
What are we looking at?
390
00:16:58,713 --> 00:17:01,977
It's a fire extinguisher made
especially for use on boats.
391
00:17:02,021 --> 00:17:05,067
Uh, they found it in the
water early this morning about
392
00:17:05,111 --> 00:17:08,070
300 yards from where they
discovered Peter Thomas' body
393
00:17:08,114 --> 00:17:09,550
the other day.
394
00:17:09,593 --> 00:17:12,379
Serial number indicates it
was purchased by Mr. Thomas
395
00:17:12,422 --> 00:17:14,337
about four and a half years ago.
396
00:17:14,381 --> 00:17:16,165
It's dented.
397
00:17:16,209 --> 00:17:18,733
Consistent with the kind
of dent you might expect
398
00:17:18,776 --> 00:17:20,778
if it were used to, say...
399
00:17:20,822 --> 00:17:22,650
Hit someone on the head.
400
00:17:23,694 --> 00:17:25,261
Great minds.
401
00:17:25,305 --> 00:17:27,916
Mm.There was still some
blood on it, some brain matter.
402
00:17:27,959 --> 00:17:29,570
Uh, we're having
everything tested.
403
00:17:29,613 --> 00:17:31,615
Uh, of course, it was in
the water over a week,
404
00:17:31,659 --> 00:17:33,139
so who knows what
the tests will show.
405
00:17:33,182 --> 00:17:35,097
But I wanted you to
be the second to know.
406
00:17:46,152 --> 00:17:47,762
Dad. Wake up.
407
00:17:47,805 --> 00:17:49,503
What are you doing here?
408
00:17:49,546 --> 00:17:50,939
Dad?
409
00:17:50,982 --> 00:17:52,375
[sniffles] Mm.
410
00:17:52,419 --> 00:17:53,657
You can't just sit in
front of my door like this.
411
00:17:53,681 --> 00:17:54,832
You're gonna get me in trouble.
412
00:17:54,856 --> 00:17:55,987
I'm sorry.
413
00:17:56,031 --> 00:17:58,033
I didn't intend to fall asleep.
414
00:17:59,165 --> 00:18:00,340
[sighs]
415
00:18:00,383 --> 00:18:02,907
Been here for hours.
416
00:18:02,951 --> 00:18:04,474
What are you doing here?
417
00:18:04,518 --> 00:18:07,608
Well, I called you,
like, 300 times.
418
00:18:07,651 --> 00:18:10,132
I texted you, like, a million.
419
00:18:10,176 --> 00:18:12,221
I came here to talk to you.
420
00:18:13,657 --> 00:18:15,050
To tell you something.
421
00:18:16,573 --> 00:18:19,228
[sighs] Look, I-I know
you're not gonna believe me,
422
00:18:19,272 --> 00:18:21,883
but... I have been
praying about this,
423
00:18:21,926 --> 00:18:24,146
baby. I've been
424
00:18:24,190 --> 00:18:26,366
reading about it, I've
been thinking about it.
425
00:18:27,671 --> 00:18:29,499
And Anna, I know,
426
00:18:29,543 --> 00:18:31,675
deep in my heart,
that this is wrong.
427
00:18:31,719 --> 00:18:33,677
And I'm gonna keep telling you,
428
00:18:33,721 --> 00:18:36,680
every inch of the way,
how wrong I think it is,
429
00:18:36,724 --> 00:18:38,769
because maybe I'll
change your mind.
430
00:18:40,858 --> 00:18:43,687
But if I can't change your mind,
431
00:18:43,731 --> 00:18:47,082
you got to know there's no way
432
00:18:47,126 --> 00:18:49,606
I'd let you go
through this alone.
433
00:18:50,955 --> 00:18:54,045
There's no way I would let
you go through any of this
434
00:18:54,089 --> 00:18:57,440
without being right
there by your side.
435
00:19:03,011 --> 00:19:05,231
[sighs]
436
00:19:05,274 --> 00:19:07,102
I promise you I do not know
437
00:19:07,146 --> 00:19:10,236
how that fire extinguisher got
off the boat and into the water,
438
00:19:10,279 --> 00:19:12,194
much less with
the blood and the...
439
00:19:12,238 --> 00:19:13,891
[groans]
440
00:19:13,935 --> 00:19:15,719
Whatever else
you said was on it.
441
00:19:15,763 --> 00:19:16,894
BENNY: They're telling us
442
00:19:16,938 --> 00:19:18,766
that Peter's blood
was all over it.
443
00:19:18,809 --> 00:19:20,202
And your fingerprints.
444
00:19:20,246 --> 00:19:22,596
Of course my
fingerprints were all over it.
445
00:19:22,639 --> 00:19:25,425
It belonged to me.
It-it was on my boat.
446
00:19:25,468 --> 00:19:27,557
That well may be,
447
00:19:27,601 --> 00:19:30,995
but we can't be sure a
jury is gonna see it that way.
448
00:19:31,039 --> 00:19:33,563
The fire extinguisher is proof
449
00:19:33,607 --> 00:19:35,826
that Peter's death
was no accident.
450
00:19:35,870 --> 00:19:37,915
I had no reason to kill him.
451
00:19:37,959 --> 00:19:39,700
MARISSA: But you
told us your husband
452
00:19:39,743 --> 00:19:41,223
was having an affair.
453
00:19:41,267 --> 00:19:43,225
But that's not a
reason to kill someone.
454
00:19:43,269 --> 00:19:44,922
That's a reason to
divorce someone.
455
00:19:44,966 --> 00:19:47,795
Mrs. Thomas, we know
that if your husband
456
00:19:47,838 --> 00:19:50,101
had cheated, you would
be entitled to a divorce
457
00:19:50,145 --> 00:19:52,495
without any obligation
to pay anything.
458
00:19:52,539 --> 00:19:54,497
No alimony, no asset sharing.
459
00:19:54,541 --> 00:19:55,977
Everything reverts back to you.
460
00:19:56,020 --> 00:19:57,500
Exactly.
461
00:19:57,544 --> 00:19:59,154
BENNY: The problem
is our investigators
462
00:19:59,198 --> 00:20:02,418
can find absolutely no
evidence of any affair.
463
00:20:02,462 --> 00:20:03,811
Nothing.
464
00:20:03,854 --> 00:20:06,988
Not a single text message,
not a single phone call,
465
00:20:07,031 --> 00:20:08,511
not a single credit card charge.
466
00:20:08,555 --> 00:20:11,122
There's just no concrete proof.
467
00:20:11,166 --> 00:20:13,951
And unfortunately, that
does give you motive.
468
00:20:13,995 --> 00:20:17,346
Gentlemen... and lady,
469
00:20:17,390 --> 00:20:21,132
I am worth just shy
of a billion dollars.
470
00:20:21,176 --> 00:20:24,788
Are you suggesting that instead
of simply divorcing my husband
471
00:20:24,832 --> 00:20:27,138
and living off a
mere half a billion,
472
00:20:27,182 --> 00:20:29,402
I would choose to kill him?
473
00:20:30,446 --> 00:20:31,969
Really? Does...
474
00:20:32,013 --> 00:20:34,494
does that make sense to anyone?
475
00:20:34,537 --> 00:20:35,799
[gavel bangs]
476
00:20:35,843 --> 00:20:39,020
The People would
like to call Helen Potter.
477
00:20:39,063 --> 00:20:40,543
[door opens]
478
00:20:40,587 --> 00:20:42,545
Who's Helen Potter?
479
00:20:42,589 --> 00:20:44,547
Helen Potter...
She's your neighbor.
480
00:20:44,591 --> 00:20:46,636
[gallery murmuring]
481
00:20:46,680 --> 00:20:48,005
LAWRENCE: How do
you know the Thomases,
482
00:20:48,029 --> 00:20:49,465
Ms. Potter?
483
00:20:49,509 --> 00:20:51,511
We live about
three houses apart.
484
00:20:51,554 --> 00:20:53,774
Uh, I'm a full-timer.
485
00:20:53,817 --> 00:20:55,515
It means I live
there all the time. Uh,
486
00:20:55,558 --> 00:20:57,908
they're up weekends
and holidays.
487
00:20:57,952 --> 00:20:59,954
I guess you could
say we're neighbors.
488
00:20:59,997 --> 00:21:01,912
And your home, like their home,
489
00:21:01,956 --> 00:21:03,871
sits on the lake and
looks out on the water,
490
00:21:03,914 --> 00:21:06,874
giving you a clear view
of their dock, their boat,
491
00:21:06,917 --> 00:21:09,311
a good portion of
the lake itself? Yes.
492
00:21:09,355 --> 00:21:11,661
What did you see on
the date in question?
493
00:21:11,705 --> 00:21:14,447
I saw Rachel and
Peter go out in the boat
494
00:21:14,490 --> 00:21:16,536
at around 11:00 in the morning.
495
00:21:16,579 --> 00:21:19,190
Uh, but that night,
when the boat returned,
496
00:21:19,234 --> 00:21:20,714
I only saw Rachel.
497
00:21:20,757 --> 00:21:23,717
And I-I didn't see Peter at all.
498
00:21:23,760 --> 00:21:26,154
And were you
aware of any friction
499
00:21:26,197 --> 00:21:27,460
in your neighbor's marriage?
500
00:21:28,504 --> 00:21:30,289
I think everyone
501
00:21:30,332 --> 00:21:32,682
who lived in the neighborhood
was aware there was friction.
502
00:21:32,726 --> 00:21:34,771
Can you give the
court an example?
503
00:21:35,990 --> 00:21:38,340
Well, this year they threw
a party for Labor Day.
504
00:21:38,384 --> 00:21:40,516
All the neighbors were there.
505
00:21:40,560 --> 00:21:42,475
And Rachel started
a fight with Peter
506
00:21:42,518 --> 00:21:44,564
over the fact that he was
talking to other women.
507
00:21:44,607 --> 00:21:46,217
At one point talking to me.
508
00:21:46,261 --> 00:21:48,045
H-He tried to calm her.
509
00:21:48,089 --> 00:21:49,220
But he couldn't.
510
00:21:49,264 --> 00:21:50,352
She was yelling at him.
511
00:21:50,396 --> 00:21:51,571
Cursing at him.
512
00:21:52,615 --> 00:21:54,617
I was embarrassed for him.
513
00:21:58,621 --> 00:22:01,798
BENNY: So other than
the fact that your house
514
00:22:01,842 --> 00:22:04,366
is three houses
away from her house,
515
00:22:04,410 --> 00:22:07,151
how well would you say
you know Mrs. Thomas?
516
00:22:07,195 --> 00:22:08,892
Excuse me?
517
00:22:08,936 --> 00:22:10,590
I-I'm not sure I
understand the question.
518
00:22:10,633 --> 00:22:13,419
Well, I was listening
to your testimony,
519
00:22:13,462 --> 00:22:16,378
and it sounded like you
know the Thomases quite well.
520
00:22:16,422 --> 00:22:17,988
So...
521
00:22:18,032 --> 00:22:21,165
how much time would you say
you've spent with the Thomases?
522
00:22:22,210 --> 00:22:23,733
Well, I mean...
523
00:22:23,777 --> 00:22:26,910
they have a Labor
Day party every year.
524
00:22:26,954 --> 00:22:28,347
Ever been to dinner with them?
525
00:22:28,390 --> 00:22:29,957
No.
526
00:22:30,000 --> 00:22:32,960
So, clearly, you've been to
their house for their parties,
527
00:22:33,003 --> 00:22:35,441
has Mrs. Thomas
ever been to yours?
528
00:22:35,484 --> 00:22:37,530
No.
529
00:22:37,573 --> 00:22:39,923
Ah. I see.
530
00:22:39,967 --> 00:22:41,534
And how about Mr. Thomas?
531
00:22:45,102 --> 00:22:47,322
Oh, that's okay. That's
all right. Let me ask
532
00:22:47,366 --> 00:22:49,193
a different question.
Now, you mentioned
533
00:22:49,237 --> 00:22:51,195
that on the night in question,
534
00:22:51,239 --> 00:22:53,284
you only saw Mrs. Thomas
535
00:22:53,328 --> 00:22:55,025
leave the boat. Is that correct?
536
00:22:55,069 --> 00:22:58,202
Yes. Mr. Thomas was
nowhere to be seen.
537
00:22:58,246 --> 00:23:01,858
But I'm sure you're aware
that Mrs. Thomas explained
538
00:23:01,902 --> 00:23:03,817
to the police, to the
best of her knowledge,
539
00:23:03,860 --> 00:23:06,950
that Mr. Thomas was in
the sleeping compartment.
540
00:23:06,994 --> 00:23:09,953
Okay. I'm just not
sure I believe that.
541
00:23:09,997 --> 00:23:11,172
Really?
542
00:23:11,215 --> 00:23:12,956
Why not?
543
00:23:13,000 --> 00:23:14,958
Because every time
they went out on the boat,
544
00:23:15,002 --> 00:23:17,004
it was always
Peter who docked it.
545
00:23:17,047 --> 00:23:18,962
Even if he ended up
sleeping on the boat.
546
00:23:19,006 --> 00:23:20,442
He always tied it up.
547
00:23:20,486 --> 00:23:23,227
That was just... his thing.
548
00:23:23,271 --> 00:23:24,968
Really? Every single time?
549
00:23:25,012 --> 00:23:26,317
Ha!
550
00:23:26,361 --> 00:23:30,060
Wow. For someone
who... hadn't really spent
551
00:23:30,104 --> 00:23:33,063
a lot of time with them,
you certainly know a lot
552
00:23:33,107 --> 00:23:34,891
about the Thomases
and their habits.
553
00:23:34,935 --> 00:23:36,197
How is that? Objection.
554
00:23:36,240 --> 00:23:38,373
Counsel is
badgering the witness.
555
00:23:38,417 --> 00:23:40,680
Ms. Potter is not
the one on trial here.
556
00:23:40,723 --> 00:23:42,899
BENNY: Your Honor, I'm
not trying to badger anyone.
557
00:23:42,943 --> 00:23:45,728
I'm just trying to
understand how Ms. Potter
558
00:23:45,772 --> 00:23:48,339
came to her conclusions
when she seems to have had
559
00:23:48,383 --> 00:23:50,777
very little contact
with my client.
560
00:23:52,213 --> 00:23:55,172
Objection overruled.
Witness will answer
561
00:23:55,216 --> 00:23:57,237
the question. That-That's
all right. That's all right.
562
00:23:57,261 --> 00:23:59,046
Let me come at
this a different way.
563
00:23:59,089 --> 00:24:02,397
Ms. Potter, on any given
night, how often do you check
564
00:24:02,441 --> 00:24:04,791
whether the Thomases'
boat is at their dock?
565
00:24:05,835 --> 00:24:06,880
I mean, it...
566
00:24:06,923 --> 00:24:08,577
seems like you
check quite a bit.
567
00:24:08,621 --> 00:24:11,493
Wh... It's not that I check.
568
00:24:11,537 --> 00:24:13,190
I-I can see it from my house.
569
00:24:13,234 --> 00:24:15,105
It's just something I notice.
570
00:24:15,149 --> 00:24:16,977
Mm. Well, forgive me,
571
00:24:17,020 --> 00:24:18,935
but isn't that a little curious,
572
00:24:18,979 --> 00:24:22,417
considering you live
three houses down?
573
00:24:22,461 --> 00:24:24,593
I mean, could you see their dock
574
00:24:24,637 --> 00:24:26,247
from every vantage
point of your home?
575
00:24:26,290 --> 00:24:27,509
No.
576
00:24:27,553 --> 00:24:29,903
Not every vantage point.
577
00:24:31,252 --> 00:24:33,515
But-But I can see it very
clearly from my upper deck.
578
00:24:33,559 --> 00:24:35,430
So how does that
work? Do you just
579
00:24:35,474 --> 00:24:38,215
sit in your upper deck all day,
580
00:24:38,259 --> 00:24:40,696
watching whether Peter or Rachel
581
00:24:40,740 --> 00:24:42,568
dock the boat that evening?
582
00:24:42,611 --> 00:24:45,179
I mean, that is a little
peculiar, wouldn't you say?
583
00:24:45,222 --> 00:24:46,615
Objection.
584
00:24:46,659 --> 00:24:49,444
Uh, Your Honor, counsel
is badgering once again.
585
00:24:49,488 --> 00:24:50,837
Sustained.
586
00:24:50,880 --> 00:24:52,534
Tread lightly, Mr. Colón.
587
00:24:52,578 --> 00:24:56,973
Ms. Potter, you testified
that Mrs. Thomas
588
00:24:57,017 --> 00:24:58,235
had never been to your house.
589
00:24:58,279 --> 00:24:59,672
How about Mr. Thomas?
590
00:24:59,715 --> 00:25:02,457
And let me remind you
you are still under oath.
591
00:25:04,851 --> 00:25:07,767
He... may have.
592
00:25:07,810 --> 00:25:09,029
May have?[gallery murmuring]
593
00:25:09,072 --> 00:25:11,118
[gavel bangs]
594
00:25:11,161 --> 00:25:12,772
BENNY: I'm sorry.
595
00:25:12,815 --> 00:25:14,687
I need a yes or a no.
596
00:25:16,297 --> 00:25:17,472
Yes.
597
00:25:17,516 --> 00:25:18,952
[murmuring resumes]
598
00:25:18,995 --> 00:25:20,910
[gavel bangs]BENNY: Well...
599
00:25:20,954 --> 00:25:23,870
that changes things
a bit, doesn't it?
600
00:25:24,958 --> 00:25:26,263
Could you please tell the court
601
00:25:26,307 --> 00:25:28,091
what Mr. Thomas was
doing at your house?
602
00:25:28,135 --> 00:25:30,093
I don't know what
you're suggesting,
603
00:25:30,137 --> 00:25:32,139
but Peter and I
were just neighbors.
604
00:25:32,182 --> 00:25:35,446
I wasn't suggesting
anything, Ms. Potter.
605
00:25:35,490 --> 00:25:36,839
But given where your mind went,
606
00:25:36,883 --> 00:25:38,338
it tells me everything
I need to know.
607
00:25:38,362 --> 00:25:39,450
Objection. Argumentative.
608
00:25:39,494 --> 00:25:43,454
Sustained. BENNY: I
apologize, Your Honor.
609
00:25:43,498 --> 00:25:45,935
But if it pleases the court, I
just have one more question.
610
00:25:45,979 --> 00:25:50,070
So, clearly... you
made it your business
611
00:25:50,113 --> 00:25:53,987
to keep an eye on Peter's
comings and goings.
612
00:25:54,030 --> 00:25:55,205
So did you, by any chance,
613
00:25:55,249 --> 00:25:58,600
go down to the Thomases' boat
614
00:25:58,644 --> 00:26:00,515
to check on your neighbor
615
00:26:00,559 --> 00:26:02,430
when you saw that
Rachel docked it
616
00:26:02,473 --> 00:26:04,519
and went up to her
house that night?
617
00:26:04,563 --> 00:26:06,608
Perhaps get into
a fight with him
618
00:26:06,652 --> 00:26:08,741
over his refusal
to leave his wife?
619
00:26:08,784 --> 00:26:09,655
No!
620
00:26:09,698 --> 00:26:11,265
Objection. No foundation.
621
00:26:11,308 --> 00:26:13,441
Sustained. Mr. Colón.
622
00:26:13,484 --> 00:26:15,356
My apologies, Your Honor.
623
00:26:15,399 --> 00:26:17,445
I have no further questions.
624
00:26:17,488 --> 00:26:19,360
[Danny clears throat]
625
00:26:23,320 --> 00:26:25,409
And what brings you
to Nassau County?
626
00:26:25,453 --> 00:26:27,673
The train.
627
00:26:27,716 --> 00:26:30,197
I just felt funny e-mailing
or texting you this.
628
00:26:30,240 --> 00:26:31,851
What am I looking at here?
629
00:26:31,894 --> 00:26:33,113
It's a death certificate.
630
00:26:33,156 --> 00:26:36,377
A veterinary death certificate.
631
00:26:36,420 --> 00:26:38,224
Remember how Rachel
told you she hurt her wrist
632
00:26:38,248 --> 00:26:40,642
while she was walking her dog?
633
00:26:40,686 --> 00:26:42,992
Rachel's dog was put
down about a year ago.
634
00:26:43,036 --> 00:26:45,342
And, according to the vet,
she never got a new one.
635
00:26:45,386 --> 00:26:46,692
She lied.
636
00:26:53,176 --> 00:26:55,570
You ever wonder
about our client?
637
00:26:55,614 --> 00:26:59,269
The way she has such a
tenuous grasp on her memory?
638
00:26:59,313 --> 00:27:01,228
The way she can't
remember what happened
639
00:27:01,271 --> 00:27:03,883
after her fight with
Peter on the boat?
640
00:27:03,926 --> 00:27:06,015
Mm.
641
00:27:06,059 --> 00:27:08,191
It's like I said from
the very beginning...
642
00:27:08,235 --> 00:27:11,455
Seems like a very
convenient lapse.
643
00:27:11,499 --> 00:27:13,022
Yeah.
644
00:27:13,066 --> 00:27:14,894
But it's not isolated.
645
00:27:14,937 --> 00:27:18,288
Today, she did not
recognize her neighbor at first.
646
00:27:18,332 --> 00:27:20,073
Had no idea who she was.
647
00:27:20,116 --> 00:27:22,815
And now Danny tells me her dog,
648
00:27:22,858 --> 00:27:24,555
the one who yanked
her to the ground...
649
00:27:24,599 --> 00:27:27,384
It's how she hurt her wrist...
650
00:27:27,428 --> 00:27:29,125
Dog's been dead for a year.
651
00:27:30,126 --> 00:27:32,999
That's weird.Mm.
652
00:27:35,131 --> 00:27:36,742
Dr. Bull.
653
00:27:36,785 --> 00:27:38,265
Mrs. Thomas.
654
00:27:38,308 --> 00:27:39,745
Anything new on my neighbor?
655
00:27:39,788 --> 00:27:42,530
Her prints show up on the
fire extinguisher, perhaps?
656
00:27:42,573 --> 00:27:44,358
They did not.
657
00:27:44,401 --> 00:27:47,100
Your neighbor actually
has a rock-solid alibi.
658
00:27:47,143 --> 00:27:50,233
And she voluntarily turned
over her home security DVR
659
00:27:50,277 --> 00:27:52,932
and it clearly shows
that she was home all day
660
00:27:52,975 --> 00:27:55,499
and all night while you and
your husband were on the boat,
661
00:27:55,543 --> 00:27:58,415
but that's not what I
wanted to discuss with you.
662
00:28:00,722 --> 00:28:04,508
Do you know what
early-onset Alzheimer's is?
663
00:28:13,866 --> 00:28:16,346
Anyone out there in
the hall right behind me?
664
00:28:18,174 --> 00:28:19,872
No.
665
00:28:19,915 --> 00:28:21,632
This room is soundproof,
but I wouldn't want anyone
666
00:28:21,656 --> 00:28:23,136
to read my lips.
667
00:28:23,179 --> 00:28:26,661
Yes. I'm familiar.
668
00:28:26,705 --> 00:28:29,272
It's a kind of dementia.
669
00:28:29,316 --> 00:28:31,971
50 million people have it.
670
00:28:32,014 --> 00:28:35,278
When I flew to Britain
two and a half years ago
671
00:28:35,322 --> 00:28:36,560
to be tested under a pseudonym,
672
00:28:36,584 --> 00:28:39,326
they said mine was mild.
673
00:28:39,369 --> 00:28:42,633
Mild, moderate, severe...
Those are the stages.
674
00:28:42,677 --> 00:28:45,114
I was told mine
would surely move
675
00:28:45,158 --> 00:28:46,768
to moderate at some point,
676
00:28:46,812 --> 00:28:48,857
but it was impossible
to say when.
677
00:28:49,858 --> 00:28:51,642
I'm so sorry.
678
00:28:51,686 --> 00:28:54,341
You understand that
if my board of directors
679
00:28:54,384 --> 00:28:56,473
know about my diagnosis,
680
00:28:56,517 --> 00:28:59,259
I will be fired from
my own company.
681
00:28:59,302 --> 00:29:01,174
You've known all along.
682
00:29:01,217 --> 00:29:04,307
That's why you write things
down in those notebooks.
683
00:29:05,700 --> 00:29:07,746
You want to make sure
nothing gets away from you.
684
00:29:10,879 --> 00:29:13,186
You get used to being the
sharpest mind in the room,
685
00:29:13,229 --> 00:29:15,623
and when that mind
no longer cooperates,
686
00:29:15,666 --> 00:29:17,320
you develop tricks.
687
00:29:18,626 --> 00:29:21,847
Well... for quite a while
you had me fooled,
688
00:29:21,890 --> 00:29:24,066
and I'm a trained psychologist.
689
00:29:25,372 --> 00:29:28,854
I know you mean that as
some sort of compliment, but...
690
00:29:28,897 --> 00:29:31,857
I've lived my whole
life working, building,
691
00:29:31,900 --> 00:29:33,946
trying to create a legacy,
692
00:29:33,989 --> 00:29:36,731
trying to be someone
people will remember.
693
00:29:36,775 --> 00:29:38,864
Then you wake up
one day to discover
694
00:29:38,907 --> 00:29:41,344
you won't even
remember yourself.
695
00:29:44,695 --> 00:29:47,873
I don't have close
friends, never had kids.
696
00:29:47,916 --> 00:29:49,613
Barely know my
nieces and nephews.
697
00:29:49,657 --> 00:29:50,963
I'm always working.
698
00:29:51,006 --> 00:29:52,791
My husband, the one person
699
00:29:52,834 --> 00:29:55,968
I had any true
connection to is...
700
00:29:56,011 --> 00:29:58,361
One of the hallmarks
of this disease
701
00:29:58,405 --> 00:30:00,842
is that people
become aggressive.
702
00:30:00,886 --> 00:30:02,104
They have episodes of violence
703
00:30:02,148 --> 00:30:05,281
that are totally
out of character.
704
00:30:06,717 --> 00:30:09,329
Are you suggesting I
might have killed Peter?
705
00:30:09,372 --> 00:30:11,374
I think it's certainly
a possibility.
706
00:30:11,418 --> 00:30:14,900
And knowing what I know now,
707
00:30:14,943 --> 00:30:16,597
I'm considering
making your disease
708
00:30:16,640 --> 00:30:18,947
a cornerstone of our defense.
709
00:30:18,991 --> 00:30:20,906
You should change your plea
710
00:30:20,949 --> 00:30:23,822
to not guilty by
reason of insanity.
711
00:30:25,562 --> 00:30:27,434
You have an opinion about that?
712
00:30:27,477 --> 00:30:29,305
Would you and your company
713
00:30:29,349 --> 00:30:31,003
like to continue on
as my legal team?
714
00:30:31,046 --> 00:30:32,656
Very much.
715
00:30:32,700 --> 00:30:34,634
Then you would do well to
forget everything you said here
716
00:30:34,658 --> 00:30:38,227
this morning, most
especially that last suggestion.
717
00:30:39,707 --> 00:30:41,709
Do we understand each other?
718
00:30:42,753 --> 00:30:44,190
Perfectly.
719
00:30:45,234 --> 00:30:47,628
I'll see you in court tomorrow.
720
00:30:47,671 --> 00:30:49,673
See you in court.
721
00:30:54,504 --> 00:30:56,506
We have the now-famous
fire extinguisher
722
00:30:56,550 --> 00:31:00,989
with blood, bits of
skull and brain matter.
723
00:31:01,033 --> 00:31:03,339
Does anyone know when
lunch is getting here? Taylor.
724
00:31:03,383 --> 00:31:04,926
TAYLOR: You know
we were all thinking it.
725
00:31:04,950 --> 00:31:06,734
Shattered wine glass.
726
00:31:06,777 --> 00:31:08,910
One unshattered wine glass.
727
00:31:08,954 --> 00:31:11,391
Two empty bottles of wine.
728
00:31:11,434 --> 00:31:13,306
One empty bottle of scotch.
729
00:31:13,349 --> 00:31:15,395
And last but not least...
730
00:31:16,831 --> 00:31:19,573
a plastic bag
inside a plastic bag.
731
00:31:19,616 --> 00:31:21,183
Looks like one of
those bags you get
732
00:31:21,227 --> 00:31:22,587
from the fruit and
vegetable aisle.
733
00:31:22,619 --> 00:31:24,621
That doesn't make
any sense. It has, uh,
734
00:31:24,665 --> 00:31:26,928
traces of lime, lipstick,
735
00:31:26,972 --> 00:31:29,626
an eyelash... and sputum.
736
00:31:29,670 --> 00:31:32,412
Really?
737
00:31:32,455 --> 00:31:34,109
Whose sputum?
738
00:31:34,153 --> 00:31:36,155
According to this,
Rachel's sputum.
739
00:31:40,289 --> 00:31:43,249
You wanted to see me
before court this morning.
740
00:31:43,292 --> 00:31:45,120
Yeah.
741
00:31:45,164 --> 00:31:48,341
I think we have a good shot at
accomplishing our goals here.
742
00:31:48,384 --> 00:31:50,647
Excellent.
743
00:31:50,691 --> 00:31:54,260
When this is over...
When we prevail...
744
00:31:54,303 --> 00:31:58,133
I need you to promise
me you will resign.
745
00:31:58,177 --> 00:32:00,831
You're entitled to your privacy,
746
00:32:00,875 --> 00:32:02,287
but people pay you
for your judgment.
747
00:32:02,311 --> 00:32:04,183
And to the extent
that's compromised...
748
00:32:04,226 --> 00:32:05,836
And if I say no?
749
00:32:05,880 --> 00:32:07,577
Then I'll withdraw
from the case.
750
00:32:07,621 --> 00:32:09,971
Benny can't.
Judge won't allow it.
751
00:32:10,015 --> 00:32:12,887
But I'm the one
calling the shots.
752
00:32:12,931 --> 00:32:14,802
And without me, I'd say
753
00:32:14,845 --> 00:32:17,936
you're looking at no less
than 20 years in prison.
754
00:32:20,721 --> 00:32:22,810
You're a wealthy woman, Rachel.
755
00:32:22,853 --> 00:32:27,032
For God's sake,
own your destiny.
756
00:32:27,075 --> 00:32:28,903
Don't let it own you.
757
00:32:28,947 --> 00:32:31,993
Resign with dignity.
758
00:32:32,037 --> 00:32:35,605
If you don't, if...
759
00:32:35,649 --> 00:32:38,869
you manage to get
away with no jail time,
760
00:32:38,913 --> 00:32:41,002
the truth about your
condition will leak out.
761
00:32:41,046 --> 00:32:43,439
It always does.
And you'll be fired.
762
00:32:43,483 --> 00:32:44,832
And sued.
763
00:32:44,875 --> 00:32:47,313
And everything you have
spent all this time building
764
00:32:47,356 --> 00:32:49,532
will have been for naught.
765
00:32:49,576 --> 00:32:51,056
BENNY: Dr. Miller,
766
00:32:51,099 --> 00:32:54,407
if you could please explain
to the jury exactly who you are
767
00:32:54,450 --> 00:32:56,365
and what it is you do.
768
00:32:56,409 --> 00:32:58,846
I am a doctor of
forensic science.
769
00:32:58,889 --> 00:33:02,458
I worked for the Nassau County
Police Department for 25 years.
770
00:33:02,502 --> 00:33:07,028
I led their forensic
unit for 15 of those.
771
00:33:07,072 --> 00:33:09,074
Then I retired
772
00:33:09,117 --> 00:33:11,380
and opened up my
own private shop
773
00:33:11,424 --> 00:33:12,816
about five years ago,
774
00:33:12,860 --> 00:33:15,819
and I haven't had
a day off since.
775
00:33:15,863 --> 00:33:18,866
Now, when you say you
opened up your own private shop,
776
00:33:18,909 --> 00:33:20,999
can you please
explain the nature
777
00:33:21,042 --> 00:33:23,740
of your work. The
short version is I analyze
778
00:33:23,784 --> 00:33:26,917
all the elements of
a given crime scene
779
00:33:26,961 --> 00:33:29,050
in an attempt to create
780
00:33:29,094 --> 00:33:31,879
a likely picture of what
actually happened.
781
00:33:31,922 --> 00:33:33,272
The order of events.
782
00:33:33,315 --> 00:33:35,448
Why it happened.
783
00:33:35,491 --> 00:33:37,319
I like to think of myself
784
00:33:37,363 --> 00:33:39,887
as a criminal puzzle solver.
785
00:33:39,930 --> 00:33:41,149
Ah. Excellent.
786
00:33:41,193 --> 00:33:42,585
And did you have occasion
787
00:33:42,629 --> 00:33:45,110
to review the
evidence in our case?
788
00:33:45,153 --> 00:33:46,633
Just came from
the evidence locker.
789
00:33:46,676 --> 00:33:48,548
I believe I've seen all of it.
790
00:33:48,591 --> 00:33:52,073
Now, this plastic bag
791
00:33:52,117 --> 00:33:54,728
that you and the jury are
seeing on the monitor...
792
00:33:54,771 --> 00:33:56,860
That was recovered
from the crime scene,
793
00:33:56,904 --> 00:33:58,601
was it not? Yes, sir.
794
00:33:58,645 --> 00:34:00,951
Recovered, tagged and
entered into evidence.
795
00:34:00,995 --> 00:34:04,607
And you believe this plastic
bag is of enormous significance,
796
00:34:04,651 --> 00:34:05,782
don't you? MILLER: I do.
797
00:34:05,826 --> 00:34:08,002
It was recovered from the boat
798
00:34:08,046 --> 00:34:09,482
on the port side
799
00:34:09,525 --> 00:34:12,833
near where the prosecution
believes that the struggle
800
00:34:12,876 --> 00:34:16,271
between the defendant and
Peter Thomas took place.
801
00:34:16,315 --> 00:34:19,057
And why are we just
hearing about this bag now?
802
00:34:19,100 --> 00:34:21,581
Well, I can't answer
that. But it appears
803
00:34:21,624 --> 00:34:25,237
that even though the bag
was submitted for lab testing,
804
00:34:25,280 --> 00:34:28,153
nobody drilled
down on the results
805
00:34:28,196 --> 00:34:31,504
because a plastic produce bag
806
00:34:31,547 --> 00:34:34,333
didn't figure into the narrative
that police had come up with.
807
00:34:34,376 --> 00:34:35,595
But you
808
00:34:35,638 --> 00:34:37,640
have drilled down
on the lab results.
809
00:34:37,684 --> 00:34:39,251
And what did they reveal?
810
00:34:39,294 --> 00:34:41,905
MILLER: They reveal
that the bag contained,
811
00:34:41,949 --> 00:34:43,951
in addition to lime remnants,
812
00:34:43,994 --> 00:34:46,040
smeared traces of lipstick,
813
00:34:46,084 --> 00:34:48,216
sunscreen, an eyelash
814
00:34:48,260 --> 00:34:50,305
and a significant
amount of sputum.
815
00:34:50,349 --> 00:34:51,611
I see.
816
00:34:51,654 --> 00:34:54,309
And can you please
explain to the jury
817
00:34:54,353 --> 00:34:57,660
what sputum is,
in layman's terms.
818
00:34:57,704 --> 00:35:00,576
It's a combination of
mucus, saliva and blood
819
00:35:00,620 --> 00:35:03,710
usually coughed up
from the lower airways.
820
00:35:03,753 --> 00:35:05,364
And did you conduct
821
00:35:05,407 --> 00:35:09,194
a DNA comparison to determine
the origin of the sputum?
822
00:35:09,237 --> 00:35:12,022
I didn't have to. The
police did, and it belonged
823
00:35:12,066 --> 00:35:14,460
to the defendant, Rachel Thomas.
824
00:35:14,503 --> 00:35:16,786
[gallery murmuring]BENNY: And
based on your knowledge and experience,
825
00:35:16,810 --> 00:35:20,596
how do you explain the
presence of her sputum in the bag?
826
00:35:20,640 --> 00:35:22,120
Well,
827
00:35:22,163 --> 00:35:25,123
it seems to be the by-product
of a physical struggle
828
00:35:25,166 --> 00:35:26,950
of the kind that might arise
829
00:35:26,994 --> 00:35:29,039
if someone had placed the bag
830
00:35:29,083 --> 00:35:31,085
over Mrs. Thomas' head
831
00:35:31,129 --> 00:35:33,740
in an attempt to suffocate her.
832
00:35:33,783 --> 00:35:35,133
FOLEY: Quiet,
please.[gavel bangs]
833
00:35:35,176 --> 00:35:36,438
Don't force me to clear
834
00:35:36,482 --> 00:35:38,658
the courtroom.
He tried to kill me?
835
00:35:38,701 --> 00:35:40,834
I believe so.
836
00:35:42,575 --> 00:35:44,316
Your witness.
837
00:35:50,583 --> 00:35:55,283
Dr. Miller, everything
you just described...
838
00:35:55,327 --> 00:35:57,633
It's really just
a guess, isn't it?
839
00:35:57,677 --> 00:36:01,420
I mean, you have no way of
knowing that's what happened.
840
00:36:01,463 --> 00:36:03,552
Knowing? Well, of course not.
841
00:36:03,596 --> 00:36:05,554
There were no eyewitnesses,
842
00:36:05,598 --> 00:36:09,036
and the defendant doesn't
remember what happened.
843
00:36:09,079 --> 00:36:10,168
A yes or no, please.
844
00:36:11,430 --> 00:36:13,823
Yes, I have no way of knowing.
845
00:36:13,867 --> 00:36:17,653
All I can do is apply
everything I've learned,
846
00:36:17,697 --> 00:36:19,742
everything I know,
and combine that
847
00:36:19,786 --> 00:36:22,745
with the irrefutable
facts in front of me,
848
00:36:22,789 --> 00:36:26,314
just like I've been doing
for the past three decades.
849
00:36:26,358 --> 00:36:28,490
Just like I've done for you
850
00:36:28,534 --> 00:36:32,277
over the past... what is
it... Seven or eight cases
851
00:36:32,320 --> 00:36:34,148
over the last few years.
852
00:36:34,192 --> 00:36:36,368
No further questions,
Your Honor.
853
00:36:37,630 --> 00:36:40,241
We just got our
first two greens.
854
00:36:40,285 --> 00:36:42,635
BENNY: Dr. Allendale,
we asked you
855
00:36:42,678 --> 00:36:45,333
to examine Rachel's mugshots,
856
00:36:45,377 --> 00:36:46,639
which were taken
857
00:36:46,682 --> 00:36:49,555
the morning Peter
was discovered missing.
858
00:36:49,598 --> 00:36:51,209
As a medical expert,
859
00:36:51,252 --> 00:36:53,559
what do you see
when you look at these?
860
00:36:53,602 --> 00:36:55,276
Well, the first thing
that jumps out at you
861
00:36:55,300 --> 00:36:58,346
is Mrs. Thomas' red, puffy eyes.
862
00:36:58,390 --> 00:36:59,739
BENNY: Are those from crying?
863
00:36:59,782 --> 00:37:02,176
ALLENDALE: No, because
in addition, you also have
864
00:37:02,220 --> 00:37:05,614
broken capillaries
beneath each eye.
865
00:37:05,658 --> 00:37:08,748
That combination is consistent
866
00:37:08,791 --> 00:37:11,272
with someone who's
had their airway blocked.
867
00:37:11,316 --> 00:37:12,621
BENNY: Hmm.
868
00:37:12,665 --> 00:37:14,275
Sort of thing that might happen
869
00:37:14,319 --> 00:37:16,582
if someone puts a plastic
bag over your head?
870
00:37:16,625 --> 00:37:17,713
Precisely.
871
00:37:18,584 --> 00:37:20,063
We just got our third green.
872
00:37:20,107 --> 00:37:21,630
Do tell. BENNY: You also studied
873
00:37:21,674 --> 00:37:24,416
the X-rays of my client's wrist.
874
00:37:24,459 --> 00:37:25,852
What did you
conclude from those?
875
00:37:25,895 --> 00:37:29,159
Mrs. Thomas had a sprain
876
00:37:29,203 --> 00:37:32,946
to the ulnar aspect
of her forearm,
877
00:37:32,989 --> 00:37:35,209
which is almost
always indicative
878
00:37:35,253 --> 00:37:38,995
of someone attempting
to block a blow.
879
00:37:39,039 --> 00:37:41,389
It's actually one
of the hallmarks
880
00:37:41,433 --> 00:37:43,783
of a defensive injury.
881
00:37:43,826 --> 00:37:45,132
A defensive injury.
882
00:37:46,264 --> 00:37:47,917
I see.
883
00:37:47,961 --> 00:37:50,442
Now, let's talk about
the victim's injuries.
884
00:37:50,485 --> 00:37:53,227
Peter's lacerations
to the skull.
885
00:37:53,271 --> 00:37:55,882
Now, what we're looking
at here are the injuries
886
00:37:55,925 --> 00:37:59,059
believed to have been
caused by the fire extinguisher.
887
00:37:59,102 --> 00:38:01,322
What can you tell us about
these? ALLENDALE: Again,
888
00:38:01,366 --> 00:38:04,673
to my eye, these
are defensive injuries
889
00:38:04,717 --> 00:38:07,546
based on the angle
and the speed.
890
00:38:07,589 --> 00:38:09,635
My guess is
891
00:38:09,678 --> 00:38:10,873
that they were
delivered by someone
892
00:38:10,897 --> 00:38:13,552
who was being
restrained in some way.
893
00:38:13,595 --> 00:38:16,032
Say, someone with a
plastic bag over their head?
894
00:38:16,076 --> 00:38:17,947
It's certainly possible.
895
00:38:17,991 --> 00:38:18,992
Objection.
896
00:38:19,035 --> 00:38:20,515
Defense attorney is speculating,
897
00:38:20,559 --> 00:38:23,039
and his expert witness
is swearing to it.
898
00:38:23,083 --> 00:38:24,432
Objection sustained.
899
00:38:24,476 --> 00:38:25,868
Mr. Colón,
900
00:38:25,912 --> 00:38:28,741
I need you to bring this
to some sort of conclusion.
901
00:38:28,784 --> 00:38:31,787
Some sort of conclusion
that isn't speculative.
902
00:38:31,831 --> 00:38:32,919
Of course, Your Honor.
903
00:38:32,962 --> 00:38:34,964
Absolutely, Your Honor.
904
00:38:35,008 --> 00:38:38,272
Now, you keep mentioning...
905
00:38:38,316 --> 00:38:40,492
defensive wounds,
906
00:38:40,535 --> 00:38:42,798
defensive injuries. It all
makes a lot more sense
907
00:38:42,842 --> 00:38:45,453
if we think of the
accused as the victim
908
00:38:45,497 --> 00:38:48,456
and her dead husband
as the attacker.
909
00:38:48,500 --> 00:38:50,415
[gallery murmuring]BENNY: I see.
910
00:38:52,460 --> 00:38:56,725
So... my client as the victim
911
00:38:56,769 --> 00:38:59,902
and the deceased
as the attacker.
912
00:38:59,946 --> 00:39:01,077
Got it.
913
00:39:01,121 --> 00:39:03,776
Thank you, Dr. Allendale.
914
00:39:03,819 --> 00:39:05,255
No further questions,
Your Honor.
915
00:39:05,299 --> 00:39:06,909
The defense rests.
916
00:39:07,910 --> 00:39:10,304
I am staring at seven green.
917
00:39:12,132 --> 00:39:14,395
Ladies and
gentlemen of the jury,
918
00:39:14,439 --> 00:39:17,355
"beyond a reasonable doubt."
919
00:39:18,530 --> 00:39:21,097
That's what the
prosecution told you
920
00:39:21,141 --> 00:39:22,882
when we began this trial,
921
00:39:22,925 --> 00:39:25,493
that they would prove
beyond reasonable doubt
922
00:39:25,537 --> 00:39:28,235
that my client was guilty
of second-degree murder.
923
00:39:29,367 --> 00:39:33,980
Well... how's this
for reasonable doubt?
924
00:39:34,023 --> 00:39:37,766
Their victim tried
to kill my client.
925
00:39:37,810 --> 00:39:38,985
Why?
926
00:39:39,028 --> 00:39:40,769
'Cause she loved him.
927
00:39:40,813 --> 00:39:43,555
She didn't want
the marriage to end.
928
00:39:43,598 --> 00:39:45,339
Even though he was
seeing somebody else,
929
00:39:45,383 --> 00:39:47,602
even though she could
have ended the union
930
00:39:47,646 --> 00:39:49,604
without it costing her a dime.
931
00:39:50,605 --> 00:39:52,477
She loved him.
932
00:39:52,520 --> 00:39:54,304
And she didn't want
to live without him.
933
00:39:54,348 --> 00:39:57,656
Now, I'm guessing that
when he finally broke down
934
00:39:57,699 --> 00:39:59,353
and told her it was over,
935
00:39:59,397 --> 00:40:01,399
she told him that if
936
00:40:01,442 --> 00:40:04,837
he forced her hand,
he'd leave with nothing.
937
00:40:06,491 --> 00:40:10,016
And that's when he decided
his only option was to kill her.
938
00:40:11,060 --> 00:40:14,412
Say she drank too
much and fell overboard
939
00:40:14,455 --> 00:40:17,415
and live happily ever
after with her fortune.
940
00:40:18,677 --> 00:40:20,243
Well, ladies and
gentlemen of the jury,
941
00:40:20,287 --> 00:40:23,116
you cannot convict somebody
for loving their mate too much.
942
00:40:23,159 --> 00:40:26,032
You cannot convict somebody
for defending themselves
943
00:40:26,075 --> 00:40:27,468
after they've been attacked.
944
00:40:27,512 --> 00:40:29,688
And you cannot convict somebody
945
00:40:29,731 --> 00:40:32,212
for not remembering any of it.
946
00:40:34,083 --> 00:40:37,086
None of these
things are a crime.
947
00:40:38,871 --> 00:40:40,655
Thank you for your patience.
948
00:40:40,699 --> 00:40:43,092
We are relying on
your good judgment.
949
00:40:43,136 --> 00:40:44,790
Thank you very much.
950
00:40:46,835 --> 00:40:48,663
FOLEY: Ladies and
gentlemen of the jury,
951
00:40:48,707 --> 00:40:50,491
that concludes the testimony.
952
00:40:50,535 --> 00:40:52,513
The court officer will escort
youWe have nine greens, Bull.
953
00:40:52,537 --> 00:40:54,210
To the jury room, where
you will beginNine greens.
954
00:40:54,234 --> 00:40:55,540
Your deliberations.
955
00:40:58,543 --> 00:41:00,501
Rachel,
956
00:41:00,545 --> 00:41:03,809
I have been doing
this a very long time.
957
00:41:03,852 --> 00:41:07,377
And while I've made it policy
not to speculate about verdicts
958
00:41:07,421 --> 00:41:09,641
before juries actually
announce them,
959
00:41:09,684 --> 00:41:12,339
I would be stunned
960
00:41:12,382 --> 00:41:14,907
if you weren't found not guilty.
961
00:41:20,913 --> 00:41:24,438
That's wonderful news, Dr. Bull.
962
00:41:24,482 --> 00:41:27,485
It's an incredible
relief. Thank you.
963
00:41:29,051 --> 00:41:31,010
I... [soft chuckle]
964
00:41:31,053 --> 00:41:34,492
I can't wait to go
home and tell Peter.
965
00:41:36,145 --> 00:41:37,495
[chuckles]
966
00:41:39,584 --> 00:41:41,542
[sighs]
967
00:41:43,979 --> 00:41:45,261
["Chances Are" by
Johnny Mathis playing]
968
00:41:45,285 --> 00:41:47,461
MARISSA: Knock, knock, knock.
969
00:41:47,505 --> 00:41:48,723
We don't want any.
970
00:41:48,767 --> 00:41:51,683
I think you might
have missed this today.
971
00:41:51,726 --> 00:41:53,119
The business section.
972
00:41:53,162 --> 00:41:55,208
Big article about
Rachel retiring,
973
00:41:55,251 --> 00:41:56,514
moving to London,
974
00:41:56,557 --> 00:41:59,299
donating a ton of money
to Alzheimer's research.
975
00:41:59,342 --> 00:42:02,694
Hmm. I wonder
wherever she got that idea.
976
00:42:02,737 --> 00:42:04,783
Who'd have thunk it?
977
00:42:04,826 --> 00:42:07,394
I like what she says about
owning your own destiny,
978
00:42:07,437 --> 00:42:09,135
not letting it own you.
979
00:42:09,178 --> 00:42:10,397
She said that?
980
00:42:10,440 --> 00:42:12,051
Mm. It's right there.
981
00:42:12,094 --> 00:42:14,444
Oh. You're right.
982
00:42:14,488 --> 00:42:16,229
That is brilliant.
983
00:42:16,272 --> 00:42:18,100
Wish I could come
up with stuff like that.
984
00:42:18,144 --> 00:42:19,687
[scoffs] Okay, don't
make me listen to this.
985
00:42:19,711 --> 00:42:22,975
You mind if I leave? Sure thing.
986
00:42:23,018 --> 00:42:26,108
Own your own
destiny. See if I care.
987
00:42:26,152 --> 00:42:30,678
♪ The moment ♪
That your lips meet mine
988
00:42:32,593 --> 00:42:34,508
♪ Chances are you think my...
989
00:42:44,257 --> 00:42:46,259
Captioning sponsored by CBS.
990
00:42:50,263 --> 00:42:53,266
Captioned by Media Access
Group at WGBH access.wgbh.org
72377
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