1 00:01:04,422 --> 00:01:06,422 *DEFENDING JACOB* Season 01 Episode 07 2 00:01:06,599 --> 00:01:08,762 Episode Title: "Job" Aired on: May 22, 2020 3 00:01:08,888 --> 00:01:10,894 Sync corrections by srjanapala 4 00:01:14,943 --> 00:01:16,332 [Neal] So you think I'll win? 5 00:01:19,291 --> 00:01:20,933 Be surprised if you didn't. 6 00:01:21,378 --> 00:01:22,911 This is your first murder, right? 7 00:01:23,160 --> 00:01:24,263 It's that obvious? 8 00:01:24,363 --> 00:01:26,824 No, no, you're doing great. It's really well, yeah. 9 00:01:27,795 --> 00:01:29,515 I really appreciate you taking the time here. 10 00:01:29,599 --> 00:01:32,168 Oh, come on, come on. Actually I, uh... 11 00:01:33,121 --> 00:01:34,683 ...took some notes. 12 00:01:35,328 --> 00:01:36,454 If you want. 13 00:01:36,539 --> 00:01:40,051 Yeah. Great. Sure. [clears throat] 14 00:01:40,165 --> 00:01:41,902 So, um... 15 00:01:42,771 --> 00:01:44,988 - All right, your opening argument... - Okay. 16 00:01:45,129 --> 00:01:47,121 You didn't look at him, the defendant. 17 00:01:47,846 --> 00:01:49,097 - I didn't? - No. 18 00:01:49,244 --> 00:01:50,787 And I'm not talking about a passing glance. 19 00:01:50,871 --> 00:01:52,705 You gotta show the jury that you can look at a defendant 20 00:01:52,789 --> 00:01:54,902 right in the eye and say, "Guilty." 21 00:01:54,988 --> 00:01:57,418 If you show them that you have the courage to do that, so will they. 22 00:01:57,502 --> 00:01:58,668 Okay. 23 00:01:58,850 --> 00:01:59,973 That's great. 24 00:02:00,130 --> 00:02:01,333 [chuckles] 25 00:02:01,418 --> 00:02:02,973 - What else? - Uh... 26 00:02:03,104 --> 00:02:05,134 I noticed you kinda stand far away from the jury box. 27 00:02:05,218 --> 00:02:06,969 You always wanna be closing that space. 28 00:02:07,053 --> 00:02:08,720 Makes the jurors feel like you're one of them. 29 00:02:08,804 --> 00:02:11,600 Oh. You, uh... you said the name of the defendant four times. 30 00:02:12,043 --> 00:02:13,308 I shouldn't do that? 31 00:02:13,393 --> 00:02:14,480 As far as you're concerned, 32 00:02:14,565 --> 00:02:16,746 he doesn't have a name. He's the defendant. 33 00:02:16,897 --> 00:02:19,201 His lawyer's gonna be doing everything he can to humanize him. 34 00:02:19,285 --> 00:02:20,676 Don't make the job any easier. 35 00:02:20,816 --> 00:02:21,901 Another round? 36 00:02:21,985 --> 00:02:23,621 - No, that's okay. - Yes. 37 00:02:24,247 --> 00:02:25,519 Absolutely. 38 00:02:25,703 --> 00:02:27,731 Come on. It's on me. 39 00:02:29,576 --> 00:02:31,457 You really think I'm gonna win, huh? 40 00:02:36,424 --> 00:02:37,884 [door opens] 41 00:02:44,017 --> 00:02:45,018 [door closes] 42 00:02:50,951 --> 00:02:52,824 [chattering] 43 00:02:53,725 --> 00:02:55,919 Now, Jacob, I know I've told you this before... 44 00:02:56,004 --> 00:02:57,694 [continues, indistinct] 45 00:02:58,985 --> 00:03:01,113 [whispering] 46 00:03:17,165 --> 00:03:18,791 [Joanna, indistinct] 47 00:03:18,876 --> 00:03:20,160 [indistinct] 48 00:03:39,346 --> 00:03:41,019 [chattering] 49 00:03:51,874 --> 00:03:53,715 Court, all rise. 50 00:03:54,137 --> 00:03:56,036 Hear ye, hear ye, hear ye. 51 00:03:56,121 --> 00:03:57,642 All persons having anything to do 52 00:03:57,727 --> 00:03:59,403 before the Honorable Judge French, 53 00:03:59,488 --> 00:04:01,334 a Justice of the Superior Court, 54 00:04:01,418 --> 00:04:03,086 now sitting within and for the Commonwealth, 55 00:04:03,170 --> 00:04:05,922 draw near, give your attendance, and you shall be heard. 56 00:04:06,006 --> 00:04:07,799 God save the Commonwealth of Massachusetts 57 00:04:07,884 --> 00:04:09,200 and this most honorable court. 58 00:04:09,285 --> 00:04:11,160 This court's now open. Please be seated. 59 00:04:14,143 --> 00:04:17,208 Number 08-44-07, 60 00:04:17,293 --> 00:04:19,559 Commonwealth versus Jacob Owen Barber. 61 00:04:19,644 --> 00:04:21,871 A single count of murder in the first degree. 62 00:04:21,956 --> 00:04:23,933 For the defendant, Joanna Klein. 63 00:04:24,024 --> 00:04:27,402 For the Commonwealth, Assistant District Attorney Neal Logiudice. 64 00:04:28,210 --> 00:04:31,170 Any preliminary motions before we begin the voir dire? 65 00:04:31,270 --> 00:04:33,294 [Joanna] A couple of things, yes, Your Honor. 66 00:04:33,386 --> 00:04:36,052 First, the defendant's father, Andrew Barber, 67 00:04:36,137 --> 00:04:37,535 would like to enter an appearance 68 00:04:37,620 --> 00:04:40,051 in the case on the defendant's behalf. 69 00:04:40,173 --> 00:04:43,092 With the court's permission, he's going to second chair me at trial. 70 00:04:43,293 --> 00:04:45,535 [Judge French] Is this a wise decision, Ms. Klein? 71 00:04:45,625 --> 00:04:47,669 It is the family's wish, Your Honor. 72 00:04:49,627 --> 00:04:52,129 All right, Mr. Barber, you can come forward. What else? 73 00:04:52,214 --> 00:04:54,970 [Joanna] Your Honor, I have filed a motion in limine 74 00:04:55,055 --> 00:04:58,324 to exclude any mention of the defendant's grandfather William Barber, 75 00:04:58,409 --> 00:05:01,661 who is currently serving a life sentence for first-degree murder. 76 00:05:01,774 --> 00:05:03,758 We believe the Commonwealth may try to 77 00:05:03,843 --> 00:05:06,098 introduce this fact to prejudice the jury. 78 00:05:06,183 --> 00:05:08,036 Your Honor, the Commonwealth contends 79 00:05:08,121 --> 00:05:11,348 that the family's history of violence is of great relevance. 80 00:05:11,433 --> 00:05:14,005 Your Honor, my client has never once met the... 81 00:05:14,090 --> 00:05:16,324 I get it. I read the motion. 82 00:05:20,288 --> 00:05:22,415 Defendant's objection is noted and tabled. 83 00:05:22,499 --> 00:05:24,125 Should the Commonwealth decide 84 00:05:24,209 --> 00:05:27,200 William Barber's criminal record is critical to his case, 85 00:05:27,285 --> 00:05:29,055 he will first notify the defense, 86 00:05:29,140 --> 00:05:30,965 and then we'll have a hearing on the matter. 87 00:05:31,168 --> 00:05:33,715 Otherwise, not a word about this to the jury. 88 00:05:33,923 --> 00:05:35,258 Thank you, Your Honor. 89 00:05:35,551 --> 00:05:36,844 Yes, Your Honor. 90 00:05:36,951 --> 00:05:40,778 [Joanna] Lastly, the defense moves to expand its witness list by two: 91 00:05:40,863 --> 00:05:43,894 Matthew McGrath and Leonard Patz. 92 00:05:44,020 --> 00:05:46,692 - [Judge French] Commonwealth? - We're fine with it, Your Honor. 93 00:05:46,777 --> 00:05:48,733 All right, let's bring in the jury venire. 94 00:05:48,942 --> 00:05:50,996 All rise for the jury. 95 00:05:56,256 --> 00:05:59,121 - [chattering] - [elevator bell dings] 96 00:06:03,331 --> 00:06:05,083 [chattering continues] 97 00:06:08,003 --> 00:06:10,504 [Andy] Retired bus driver, works with kids. That's good. 98 00:06:10,589 --> 00:06:12,466 [Joanna] Yeah, I liked her. Thanks, Ellen. 99 00:06:15,575 --> 00:06:17,113 They kept staring at me. 100 00:06:17,410 --> 00:06:19,051 Oh, you'll get used to that. 101 00:06:19,446 --> 00:06:21,333 Just keep your eye on the judge 102 00:06:21,418 --> 00:06:23,676 as much as possible... or on your dad and me. 103 00:06:23,871 --> 00:06:27,160 Don't give 'em any reason to not like you. No faces. Okay? 104 00:06:27,245 --> 00:06:28,957 [Joanna] You're doing great so far. 105 00:06:29,409 --> 00:06:31,004 You all are. 106 00:06:32,508 --> 00:06:36,470 [Neal] You see, this wasn't just an average boy, the defendant. 107 00:06:37,629 --> 00:06:40,452 No, something set him apart. 108 00:06:42,260 --> 00:06:43,387 His father. 109 00:06:43,908 --> 00:06:46,786 A father who was the first assistant district attorney. 110 00:06:46,917 --> 00:06:49,044 Top man, right here in this building. 111 00:06:50,621 --> 00:06:53,915 For years, the defendant watched his father 112 00:06:54,132 --> 00:06:57,427 prosecute every major murder case in this county. 113 00:06:57,629 --> 00:06:59,715 He listened to dinner conversations. 114 00:06:59,800 --> 00:07:03,090 Overheard phone calls, shop talk. 115 00:07:03,751 --> 00:07:07,512 You might even say that murder was the family business. 116 00:07:08,931 --> 00:07:11,879 But still, the question remains "Why?" 117 00:07:14,435 --> 00:07:15,728 Why... 118 00:07:16,860 --> 00:07:20,473 would an eighth-grade boy kill his classmate? 119 00:07:22,042 --> 00:07:25,340 Well, we've all been to school. 120 00:07:26,332 --> 00:07:29,402 We know kids can be mean. 121 00:07:32,879 --> 00:07:35,339 You're gonna hear testimony that the victim in this case, 122 00:07:35,423 --> 00:07:38,012 Ben Rifkin, teased the defendant. 123 00:07:39,125 --> 00:07:42,441 Nothing shocking, but still, mean. 124 00:07:43,085 --> 00:07:47,130 Ben foolishly mocked this young man, 125 00:07:47,881 --> 00:07:53,231 unaware of his hidden capacity, even desire, to kill. 126 00:07:53,316 --> 00:07:54,358 Objection. 127 00:07:54,442 --> 00:07:55,591 [Judge French] Sustained. 128 00:07:55,676 --> 00:07:59,738 The jury will disregard the last remark about the defendant's desire, 129 00:07:59,823 --> 00:08:01,183 which is speculation. 130 00:08:01,268 --> 00:08:03,979 And so, on April 12, 131 00:08:04,355 --> 00:08:07,789 the defendant walked into the woods of Cold Spring Park 132 00:08:07,873 --> 00:08:11,910 with a knife in his pocket and an idea in his mind. 133 00:08:12,909 --> 00:08:14,363 Did he ambush the victim, 134 00:08:14,541 --> 00:08:16,668 or were there words exchanged first? 135 00:08:18,095 --> 00:08:21,556 Maybe Ben called him a name. 136 00:08:22,550 --> 00:08:24,219 Or even threatened him. 137 00:08:25,338 --> 00:08:26,723 We don't know. 138 00:08:28,284 --> 00:08:29,824 All we know 139 00:08:30,088 --> 00:08:32,668 is that the defendant punched his knife 140 00:08:32,752 --> 00:08:36,105 three times into Ben Rifkin's chest, 141 00:08:36,707 --> 00:08:38,000 killing him. 142 00:08:40,030 --> 00:08:41,457 [softly] Three... 143 00:08:42,662 --> 00:08:46,676 [normal voice] evenly spaced wounds. 144 00:08:49,159 --> 00:08:50,254 One. 145 00:08:52,417 --> 00:08:53,418 Two. 146 00:08:55,462 --> 00:08:56,713 Three. 147 00:08:59,503 --> 00:09:02,580 You see a tragedy as enormous as this, 148 00:09:03,369 --> 00:09:05,666 and it makes you furious. 149 00:09:06,130 --> 00:09:08,682 You want someone to pay. 150 00:09:09,199 --> 00:09:11,236 I do too. I do. 151 00:09:12,116 --> 00:09:13,697 It's only human. 152 00:09:15,111 --> 00:09:19,143 But Jacob Barber is innocent. 153 00:09:20,117 --> 00:09:21,920 And I want to say that again 154 00:09:22,213 --> 00:09:24,768 so that there is no misunderstanding. 155 00:09:25,280 --> 00:09:30,674 Jacob Barber is wholly and completely innocent. 156 00:09:31,914 --> 00:09:36,025 When you understand what really happened that day, 157 00:09:36,823 --> 00:09:41,760 you'll see this case for what it is... a rush to judgment. 158 00:09:42,991 --> 00:09:44,951 The fingerprint, for example, 159 00:09:45,036 --> 00:09:47,542 that the prosecution made such a big deal about, 160 00:09:47,627 --> 00:09:49,724 you're going to hear how that print got there, 161 00:09:49,816 --> 00:09:53,235 just as Jacob told the police officer who arrested him 162 00:09:53,373 --> 00:09:55,432 the moment that he was asked. 163 00:09:56,398 --> 00:09:57,932 He saw his classmate 164 00:09:58,065 --> 00:10:00,527 lying on the ground, and he tried to help. 165 00:10:01,299 --> 00:10:03,893 And when he discovered that Ben was dead, 166 00:10:03,978 --> 00:10:07,150 saw all that blood, he panicked. 167 00:10:07,416 --> 00:10:09,666 He feared that if he told someone 168 00:10:09,751 --> 00:10:12,246 about the body, he'd become a suspect. 169 00:10:12,502 --> 00:10:16,209 After all, this was Ben Rifkin, the boy who bullied him. 170 00:10:16,293 --> 00:10:19,361 Everyone knew that. How would it look? 171 00:10:20,419 --> 00:10:22,213 Does Jacob wish 172 00:10:22,297 --> 00:10:26,440 that he had been braver from the start and told the truth? 173 00:10:27,121 --> 00:10:28,831 Of course he does. 174 00:10:29,079 --> 00:10:30,783 It was the worst mistake he's ever made. 175 00:10:30,868 --> 00:10:33,533 It was a horrible, terrifying mistake. 176 00:10:35,113 --> 00:10:36,781 But he was a boy. 177 00:10:38,098 --> 00:10:41,351 And I don't give a damn how the state chooses to try him. 178 00:10:41,443 --> 00:10:44,307 He was a 14-year-old boy. 179 00:10:46,072 --> 00:10:47,971 And boys make mistakes. 180 00:10:49,151 --> 00:10:50,485 [sighs] 181 00:10:50,702 --> 00:10:52,447 But we are adults... 182 00:10:53,906 --> 00:10:56,909 with a grave responsibility before us. 183 00:10:58,011 --> 00:10:59,763 A child is dead. 184 00:11:01,220 --> 00:11:05,330 Don't destroy another child's life to make up for it. 185 00:11:05,829 --> 00:11:07,455 That isn't justice. 186 00:11:07,719 --> 00:11:09,512 [heartbeat thumping] 187 00:11:09,619 --> 00:11:11,760 That's just another tragedy. 188 00:11:15,432 --> 00:11:17,893 - [clamoring] - [camera shutters clicking] 189 00:11:21,767 --> 00:11:22,918 [male reporter Mr. Barber, over here! 190 00:11:23,002 --> 00:11:24,527 [male reporter do you have any comment? 191 00:11:24,611 --> 00:11:26,320 [Joanna] Give us a little room here, please. 192 00:11:26,404 --> 00:11:28,114 Give us a little room here. 193 00:11:28,198 --> 00:11:29,950 [clamoring continues] 194 00:11:31,604 --> 00:11:33,804 [male reporter do you feel he's guilty? 195 00:11:34,005 --> 00:11:35,845 [female reporter] Hey, come over here, please. 196 00:11:39,000 --> 00:11:40,573 [Andy] It's definitely the same guy. 197 00:11:41,881 --> 00:11:43,987 Yes, I'm sure. Blue Lincoln. 198 00:11:45,715 --> 00:11:46,925 Right. 199 00:11:47,590 --> 00:11:49,467 You still have that plate number I sent you? 200 00:11:52,042 --> 00:11:53,330 Okay. 201 00:11:54,706 --> 00:11:56,018 Thanks, Duff. 202 00:11:57,159 --> 00:11:58,565 What was that about? 203 00:11:59,070 --> 00:12:00,979 Long story. I'll tell you later. 204 00:12:01,371 --> 00:12:03,604 Okay, well, make sure they get some rest. 205 00:12:03,689 --> 00:12:06,127 - I'll call you tonight. - Okay. 206 00:12:20,805 --> 00:12:22,299 Driver's license. 207 00:12:22,919 --> 00:12:24,182 What I do? 208 00:12:24,298 --> 00:12:25,616 Let me see your license. 209 00:12:26,556 --> 00:12:28,558 I got a right to sit in my own car, don't I? 210 00:12:29,861 --> 00:12:32,775 Sir, are you refusing to provide me with identification? 211 00:12:32,971 --> 00:12:34,389 I'm not refusing anything. 212 00:12:34,929 --> 00:12:37,098 I wanna know what you're bothering me for. 213 00:12:57,495 --> 00:12:59,249 The family declined making any statement 214 00:12:59,334 --> 00:13:00,747 when leaving the courthouse today. 215 00:13:00,832 --> 00:13:01,999 And by all indications, 216 00:13:02,083 --> 00:13:04,596 plan to spend their night here at their home in Newton. 217 00:13:04,753 --> 00:13:06,629 What happens tomorrow is anyone's guess. 218 00:13:06,713 --> 00:13:08,631 However, opening statements suggest 219 00:13:08,715 --> 00:13:10,925 we could be in for an emotionally charged trial. 220 00:13:11,243 --> 00:13:13,611 - This is Alix Wong, Channel 12 News. - [message chime] 221 00:13:25,440 --> 00:13:26,650 [message chime] 222 00:13:58,557 --> 00:14:00,642 [chattering] 223 00:14:06,025 --> 00:14:07,993 [footsteps approaching] 224 00:14:09,731 --> 00:14:11,321 Just got off the phone with Duffy. 225 00:14:11,723 --> 00:14:14,225 It's not good. Just hear me out. 226 00:14:14,310 --> 00:14:15,436 What? 227 00:14:15,521 --> 00:14:18,087 His name is James O'Leary, the guy in the Lincoln. 228 00:14:18,172 --> 00:14:19,853 They call him Father O'Leary. 229 00:14:20,198 --> 00:14:21,282 They? 230 00:14:21,475 --> 00:14:23,143 I guess he's an old gangster. 231 00:14:23,540 --> 00:14:26,209 He's got a record. Duffy said he used to be some sort of muscle. 232 00:14:26,293 --> 00:14:29,111 Now he hires himself out to do, you know, small things, 233 00:14:29,196 --> 00:14:30,839 roughing people up, that sort of thing. 234 00:14:30,998 --> 00:14:34,017 Are you kidding me? What does he want with us? 235 00:14:34,102 --> 00:14:35,228 I don't know. 236 00:14:35,760 --> 00:14:38,930 What are we supposed to do? Can't they arrest him? Question him? 237 00:14:39,014 --> 00:14:41,349 Not unless he explicitly threatens us. 238 00:14:41,877 --> 00:14:43,170 Oh, my God. 239 00:14:43,434 --> 00:14:45,297 Duffy said she's gonna keep an eye on him. 240 00:14:45,381 --> 00:14:46,561 I know it doesn't sound good, 241 00:14:46,646 --> 00:14:49,190 but odds are it's probably just someone trying to scare us. 242 00:14:49,274 --> 00:14:51,406 Because we're not scared enough already. 243 00:14:57,297 --> 00:14:59,549 My heart was kind of pounding then, 244 00:14:59,634 --> 00:15:01,635 because he wasn't answering me. 245 00:15:01,737 --> 00:15:05,922 Uh, still, I couldn't see how he looked until I got close. 246 00:15:06,554 --> 00:15:08,250 And did you call for help? 247 00:15:08,715 --> 00:15:12,219 I remember crawling backwards up the slope, dialing 911. 248 00:15:13,909 --> 00:15:15,492 Thank you, Mrs. Gianetto. 249 00:15:15,973 --> 00:15:17,223 Ms. Klein. 250 00:15:17,308 --> 00:15:18,810 No questions, Your Honor. 251 00:15:20,017 --> 00:15:21,435 The dog park, yes. 252 00:15:21,566 --> 00:15:22,859 [Neal] What time was this? 253 00:15:23,427 --> 00:15:24,984 Around 8:00 a.m. 254 00:15:25,645 --> 00:15:29,107 Like I said, it sounded like a boy's voice I heard. 255 00:15:29,815 --> 00:15:32,818 He said, "Stop. You're hurting me." 256 00:15:33,438 --> 00:15:35,000 "Stop. You're hurting me." 257 00:15:37,864 --> 00:15:40,659 Could you tell what direction the boy's voice came from? 258 00:15:42,484 --> 00:15:43,777 [man] West, I think. 259 00:15:45,956 --> 00:15:47,665 Detective, is it standard procedure 260 00:15:47,749 --> 00:15:51,211 for an assistant district attorney to direct a homicide investigation? 261 00:15:51,696 --> 00:15:52,696 Yes. 262 00:15:52,781 --> 00:15:55,464 And who was the assistant DA assigned to the case that day? 263 00:15:55,549 --> 00:15:56,924 Objection. Relevance. 264 00:15:57,008 --> 00:15:58,218 [scoffs] 265 00:15:58,593 --> 00:16:00,156 See counsel at sidebar. 266 00:16:03,834 --> 00:16:06,878 Your Honor, I don't see how Mr. Barber's brief involvement in this case 267 00:16:07,018 --> 00:16:09,228 has anything to do with his son's innocence or guilt. 268 00:16:09,312 --> 00:16:12,648 Your Honor, the jury is entitled to hear that the defendant's own father 269 00:16:12,733 --> 00:16:15,640 was in charge of the early stages of the investigation. 270 00:16:17,529 --> 00:16:19,781 I'm going to allow it, but I warn you, counselor. 271 00:16:19,865 --> 00:16:22,659 Mr. Barber is not on trial here. Remember that. 272 00:16:23,198 --> 00:16:25,241 Yes, Your Honor. Understood. 273 00:16:26,342 --> 00:16:28,171 Witness will answer the question. 274 00:16:30,505 --> 00:16:32,523 Andrew Barber was in charge. 275 00:16:33,685 --> 00:16:37,602 And did you find it strange that Mr. Barber was handling a case 276 00:16:37,687 --> 00:16:39,467 that involved his own son's classmate? 277 00:16:40,153 --> 00:16:41,625 Not really, no. 278 00:16:41,990 --> 00:16:44,118 [Neal] And once his son was charged with the murder? 279 00:16:44,681 --> 00:16:45,929 Any concerns? 280 00:16:47,017 --> 00:16:48,685 I wasn't happy about it. 281 00:16:49,240 --> 00:16:52,218 Detective, have you ever heard of a prosecutor 282 00:16:52,303 --> 00:16:55,180 being involved in the investigation into his own child? 283 00:16:55,265 --> 00:16:57,067 Objection. - Sustained. 284 00:16:57,152 --> 00:16:59,352 You've made your point, counselor. Let's move it along. 285 00:16:59,940 --> 00:17:01,567 No further questions, Your Honor. 286 00:17:03,569 --> 00:17:04,984 [Judge French] Ms. Klein. 287 00:17:05,818 --> 00:17:09,070 Detective Peterson, you were among the first at the crime scene. 288 00:17:09,250 --> 00:17:11,957 - Was there a murder weapon found that day? - No, ma'am. 289 00:17:12,042 --> 00:17:15,211 Besides a single fingerprint found on the victim's sweatshirt, 290 00:17:15,295 --> 00:17:17,380 was there any evidence recovered that day? 291 00:17:17,464 --> 00:17:18,500 No. 292 00:17:18,585 --> 00:17:22,381 And of course, the fingerprint wasn't identified until later. Yes? 293 00:17:22,552 --> 00:17:23,804 Yes. Correct. 294 00:17:23,889 --> 00:17:26,766 So is it fair to say that at the beginning of the investigation, 295 00:17:26,983 --> 00:17:30,986 neither you nor Mr. Barber had any obvious suspects? 296 00:17:31,071 --> 00:17:32,073 We did not. 297 00:17:32,158 --> 00:17:35,125 And was the defendant the first suspect to emerge? 298 00:17:35,846 --> 00:17:38,874 - No. We initially just... - Objection. Relevance? 299 00:17:40,987 --> 00:17:42,273 Overruled. 300 00:17:43,221 --> 00:17:45,829 We initially pursued a suspect named Leonard Patz. 301 00:17:45,914 --> 00:17:49,454 He had a record for indecent assault and battery on kids, things like that. 302 00:17:49,538 --> 00:17:51,831 So a registered sex offender, 303 00:17:51,975 --> 00:17:54,040 and that's what made him a person of interest? 304 00:17:54,125 --> 00:17:56,043 That, and he lived near the park. 305 00:17:56,127 --> 00:17:57,628 He didn't just live near the park. 306 00:17:57,712 --> 00:18:00,969 He was known to walk in the park most mornings. Isn't that true? 307 00:18:01,054 --> 00:18:02,675 Objection. Leading the witness. 308 00:18:02,759 --> 00:18:03,802 Overruled. 309 00:18:04,459 --> 00:18:08,296 Yes. In fact, he admitted to being in the park that same morning. 310 00:18:09,622 --> 00:18:11,833 No more questions. Thank you. 311 00:18:13,019 --> 00:18:18,066 Detective, whose idea was it to pursue the investigation into Leonard Patz? 312 00:18:20,688 --> 00:18:22,565 Andy Barber brought it to my attention. 313 00:18:23,501 --> 00:18:25,377 [Neal] Andy Barber. I see. 314 00:18:26,408 --> 00:18:28,659 And Mr. Patz was then cleared 315 00:18:28,743 --> 00:18:31,329 when Mr. Barber's own son was charged with the crime. 316 00:18:33,206 --> 00:18:34,359 Yes. 317 00:18:34,579 --> 00:18:36,226 No further questions, Your Honor. 318 00:18:38,753 --> 00:18:41,335 - Your Honor, we'd like to recross. - Go ahead. 319 00:18:43,028 --> 00:18:47,615 Detective, when Mr. Logiudice asked if you had cleared Leonard Patz, 320 00:18:47,762 --> 00:18:50,098 were you certain of his innocence? 321 00:18:50,182 --> 00:18:51,808 Certain? No. 322 00:18:51,892 --> 00:18:56,021 Did you agree with Mr. Barber's decision to investigate Leonard Patz? 323 00:18:56,300 --> 00:18:58,009 Yes. Absolutely. 324 00:18:58,233 --> 00:19:01,486 What about other decisions Andy Barber made? 325 00:19:01,571 --> 00:19:02,968 Any concerns at all? 326 00:19:03,236 --> 00:19:04,654 None I can think of. 327 00:19:05,473 --> 00:19:06,960 He's the best they got. 328 00:19:08,074 --> 00:19:10,035 The best they used to have, anyway. 329 00:19:11,445 --> 00:19:14,080 Thank you, Detective. No further questions. 330 00:19:15,016 --> 00:19:17,921 Commonwealth, you prepared to call your next witness? 331 00:19:19,815 --> 00:19:21,150 Uh, yes, Your Honor. 332 00:19:23,936 --> 00:19:26,907 The beam refracts through each slit 333 00:19:26,992 --> 00:19:29,516 and makes a pattern of light and dark stripes on the other side. 334 00:19:29,601 --> 00:19:33,766 Why? Because light isn't made of particles, but... 335 00:19:33,850 --> 00:19:34,976 - Waves? - Exactly. 336 00:19:35,060 --> 00:19:37,890 And it is the intersection of the waves that make the patterns. 337 00:19:38,230 --> 00:19:41,190 So these physicists decide that they're gonna solve what's going on 338 00:19:41,274 --> 00:19:44,736 by installing a device that allows them to see 339 00:19:44,820 --> 00:19:48,656 exactly which slit each electron is passing through. 340 00:19:48,740 --> 00:19:51,375 Only the moment that they try to observe it, 341 00:19:51,460 --> 00:19:54,454 the electrons stop behaving like waves 342 00:19:54,539 --> 00:19:56,048 and behave like particles again. 343 00:19:56,206 --> 00:19:57,957 - What? That's impossible. - [phone buzzes] 344 00:19:58,041 --> 00:20:00,039 - [Joanna] Google it. - I'll be right back. 345 00:20:00,124 --> 00:20:02,454 I tell my wife it's exactly like me and the Celtics. 346 00:20:02,539 --> 00:20:04,687 The moment I turn on the game, they lose. 347 00:20:05,390 --> 00:20:07,562 What the hell did I say about calling here? 348 00:20:07,957 --> 00:20:10,101 I just want to know how it's going. 349 00:20:10,294 --> 00:20:11,379 What? 350 00:20:11,692 --> 00:20:13,402 What do you mean, "What"? The trial. 351 00:20:13,557 --> 00:20:15,808 He's my grandson. I got a right to know. 352 00:20:15,892 --> 00:20:17,226 Listen to me very carefully. 353 00:20:17,311 --> 00:20:20,110 You don't have a right to shit. Okay? 354 00:20:20,297 --> 00:20:23,676 Maybe I got a right to call one of these reporters that keeps trying me, huh? 355 00:20:23,800 --> 00:20:24,902 Do whatever you want. 356 00:20:24,987 --> 00:20:27,118 Come on. I just wanna know what are you thinking. 357 00:20:27,203 --> 00:20:28,648 I mean, what's your strategy? 358 00:20:28,733 --> 00:20:30,578 I'm watching it all day on the news here. 359 00:20:30,663 --> 00:20:32,112 I think the kid's got a chance. 360 00:20:32,868 --> 00:20:34,744 But, you know, you gotta be smart about this. 361 00:20:34,828 --> 00:20:38,165 Oh, yeah? I didn't know they gave out law degrees in prison. 362 00:20:38,669 --> 00:20:39,669 That's funny. 363 00:20:40,044 --> 00:20:42,044 You think prison's a fucking joke? 364 00:20:43,195 --> 00:20:44,735 Let me tell you something. 365 00:20:44,820 --> 00:20:47,750 This is sure as hell no place for a kid like Jacob. 366 00:20:49,744 --> 00:20:51,760 Now one of the, uh, witnesses today, 367 00:20:51,845 --> 00:20:53,523 this cop who was on the stand, 368 00:20:54,010 --> 00:20:55,803 he mentioned this guy Patz. 369 00:20:56,231 --> 00:20:57,566 What about him? 370 00:20:57,651 --> 00:20:59,194 Well, you think he did it? 371 00:21:01,370 --> 00:21:03,740 - Do you? - Yeah. 372 00:21:04,893 --> 00:21:05,978 Are you sure? 373 00:21:06,568 --> 00:21:07,777 Look, I gotta go. 374 00:21:07,955 --> 00:21:09,957 Guy's a child molester, right? 375 00:21:11,108 --> 00:21:12,552 Sort of. 376 00:21:12,756 --> 00:21:15,404 How... How the fuck are you "sort of" a child molester? 377 00:21:15,719 --> 00:21:17,043 Same way you were a murderer 378 00:21:17,128 --> 00:21:18,747 before you actually murdered someone. 379 00:21:18,910 --> 00:21:20,575 Why you gotta make it about me? Huh? 380 00:21:20,660 --> 00:21:23,291 Why don't you fucking quit worrying about what I am 381 00:21:23,376 --> 00:21:25,712 and start worrying about my grandson? 382 00:21:25,814 --> 00:21:27,255 Don't call here again. 383 00:21:27,356 --> 00:21:29,714 I mean it. You keep him out of this place! 384 00:21:29,799 --> 00:21:31,052 You hear me? 385 00:21:31,176 --> 00:21:33,177 I spent my whole fucking life in this shithole. 386 00:21:33,261 --> 00:21:35,950 I'm not gonna stand by while my grandson's life... 387 00:21:36,441 --> 00:21:37,608 You mother... 388 00:21:37,693 --> 00:21:39,236 [inmate] You fucked up, cocksucker. 389 00:21:39,445 --> 00:21:42,271 - [whistle blowing] - [inmates clamoring] 390 00:21:53,909 --> 00:21:55,869 - Did Joanna leave? - Yeah. 391 00:21:56,555 --> 00:21:58,056 Who was that? 392 00:21:58,250 --> 00:22:02,130 Oh, it was, uh... credit card company, just confirming some charges. 393 00:22:04,652 --> 00:22:07,530 Joanna seemed... optimistic. 394 00:22:08,316 --> 00:22:09,474 You know, 395 00:22:09,761 --> 00:22:11,497 I'm starting to think she should be. 396 00:22:17,472 --> 00:22:19,710 [Sarah] So weird, 'cause there were just all these people there. 397 00:22:19,794 --> 00:22:21,226 I don't even know why, because it was so cold outside. 398 00:22:21,310 --> 00:22:23,061 - [Laurie] Hey. - Hold on one second. 399 00:22:23,458 --> 00:22:25,044 I'm just hanging these on your door. 400 00:22:25,147 --> 00:22:26,411 Okay. Thanks. 401 00:22:26,857 --> 00:22:27,941 Who are you talking to? 402 00:22:28,447 --> 00:22:29,591 Sarah. 403 00:22:29,974 --> 00:22:32,177 Oh. Okay. 404 00:22:32,940 --> 00:22:34,700 - Tell her I said hi. - Okay. 405 00:22:36,056 --> 00:22:37,254 - Sorry about that. - [door closes] 406 00:22:37,338 --> 00:22:38,490 So anyway, um, 407 00:22:38,575 --> 00:22:40,049 this lady comes in with her kids, right? 408 00:22:40,133 --> 00:22:42,635 And they're just so loud and obnoxious. 409 00:22:42,720 --> 00:22:45,765 And I was like, "Oh, my gosh. Shut up already." But... 410 00:22:53,091 --> 00:22:55,251 [Neal] You've been with the state's crime lab how long? 411 00:22:55,411 --> 00:22:57,387 Eleven years, almost 12. 412 00:22:58,031 --> 00:23:02,310 Ms. Carlson, could you describe the blood evidence at the point of attack? 413 00:23:02,434 --> 00:23:05,615 There were a few small spatters less than an inch in diameter. 414 00:23:05,702 --> 00:23:07,288 [Neal] Yesterday, we heard defense contend 415 00:23:07,372 --> 00:23:10,655 that there should have been blood on the clothing of an attacker 416 00:23:10,740 --> 00:23:12,485 in a stabbing like this. 417 00:23:12,708 --> 00:23:14,362 - Do you have an opinion on that? - Yes. 418 00:23:14,446 --> 00:23:18,866 That's not necessarily true, since no spatter seemed cast off with force. 419 00:23:18,950 --> 00:23:22,662 It's also possible the assailant stood behind the victim when he stabbed him, 420 00:23:22,746 --> 00:23:26,411 which would have meant he was out of the trajectory of any spray or spatter. 421 00:23:26,739 --> 00:23:28,717 [Neal] What can you tell us about the murder weapon? 422 00:23:28,801 --> 00:23:34,411 We were looking for a knife with a four-to six-inch blade and a serrated edge. 423 00:23:34,633 --> 00:23:35,950 I see. 424 00:23:36,770 --> 00:23:40,060 So, a knife like this one? 425 00:23:40,794 --> 00:23:41,931 - [spectators murmuring] - [Joanna] Objection. 426 00:23:42,015 --> 00:23:43,677 Commonwealth moves to enter into evidence... 427 00:23:43,761 --> 00:23:44,971 Objection! 428 00:23:45,143 --> 00:23:47,603 Your Honor, the jury will soon hear testimony 429 00:23:47,687 --> 00:23:49,230 from the defendant's best friend 430 00:23:49,314 --> 00:23:52,240 that the defendant owned a knife exactly like this one: 431 00:23:52,327 --> 00:23:53,536 a Schnell Tactical. 432 00:23:53,621 --> 00:23:56,131 [Joanna] Your Honor, this is a cheap stunt. 433 00:23:56,216 --> 00:23:59,782 The Commonwealth has yet to link any such knife to the defendant, 434 00:23:59,866 --> 00:24:03,482 and to wave it around in here now is irresponsible. It's inflammatory. 435 00:24:03,567 --> 00:24:05,404 Agreed. Objection sustained. 436 00:24:05,536 --> 00:24:07,605 Put away the knife, Mr. Logiudice. 437 00:24:08,255 --> 00:24:10,591 In that case, no more questions, Your Honor. 438 00:24:10,887 --> 00:24:12,169 [Judge French] Cross. 439 00:24:12,254 --> 00:24:13,630 [Joanna] Absolutely, Your Honor. 440 00:24:14,183 --> 00:24:17,339 Ms. Carlson, we were just on the subject of blood. 441 00:24:17,424 --> 00:24:20,552 Was there any blood evidence recovered from the defendant? 442 00:24:20,637 --> 00:24:21,721 No. 443 00:24:21,805 --> 00:24:23,466 Genetic evidence? 444 00:24:23,807 --> 00:24:26,726 DNA? Hairs? Fibers? 445 00:24:26,810 --> 00:24:28,436 No, just the fingerprint. 446 00:24:28,796 --> 00:24:31,340 - May I propose a hypothetical? - Okay. 447 00:24:31,432 --> 00:24:36,661 Let's suppose the defendant, Jacob, was walking on his way to school... 448 00:24:37,361 --> 00:24:40,849 and came across the victim lying on the ground. 449 00:24:41,408 --> 00:24:48,122 And suppose Jacob lifted the victim by the collar to see if he was okay. 450 00:24:48,279 --> 00:24:52,377 Might that create a fingerprint consistent with the one you found? 451 00:24:52,752 --> 00:24:54,583 Yes, that is possible. 452 00:24:54,918 --> 00:24:58,754 Now the knife that the Commonwealth attempted to enter into evidence, 453 00:24:58,838 --> 00:25:00,298 had you ever seen it before? 454 00:25:00,469 --> 00:25:01,886 Objection. Relevance. 455 00:25:01,970 --> 00:25:05,404 Overruled. You opened the door, counselor. 456 00:25:06,182 --> 00:25:08,475 [Carlson] Yes. The DA's office asked me to determine 457 00:25:08,599 --> 00:25:12,519 if that particular model of knife was consistent with the victim's wounds. 458 00:25:12,604 --> 00:25:16,649 Ah. And I assume they gave you other models to compare as well? 459 00:25:16,818 --> 00:25:18,069 No. 460 00:25:18,153 --> 00:25:19,196 No? 461 00:25:20,754 --> 00:25:23,201 Did they at least ask you to determine 462 00:25:23,286 --> 00:25:26,318 how many other knives might have made those wounds? 463 00:25:26,463 --> 00:25:27,505 No. 464 00:25:27,590 --> 00:25:29,050 Well, how many would you think? 465 00:25:30,281 --> 00:25:33,868 I... I don't know. That... That would be speculating. 466 00:25:34,117 --> 00:25:35,243 [Joanna] A thousand? 467 00:25:35,693 --> 00:25:36,825 Uh... 468 00:25:37,475 --> 00:25:38,683 A large number. 469 00:25:38,798 --> 00:25:41,092 Seven hundred? Five hundred? 470 00:25:42,886 --> 00:25:45,222 Somewhere... Somewhere in that range. 471 00:25:45,503 --> 00:25:50,215 In other words, the chances of it being the actual knife 472 00:25:50,393 --> 00:25:51,974 are one in 500. Correct? 473 00:25:52,059 --> 00:25:54,102 Objection. Calls for speculation. 474 00:25:54,263 --> 00:25:55,591 Sustained. 475 00:25:59,232 --> 00:26:01,068 No further questions, Your Honor. 476 00:26:02,155 --> 00:26:03,740 [Dan] This is all going to shit. 477 00:26:03,824 --> 00:26:06,200 He's gonna walk. Can't you see that? 478 00:26:06,284 --> 00:26:07,827 He's gonna get away with killing our son 479 00:26:07,911 --> 00:26:10,747 because of that asshole and his goddamn theatrics. 480 00:26:10,831 --> 00:26:12,216 [Joan] Please, I can't take this. 481 00:26:12,301 --> 00:26:14,010 [Dan] Yeah, well, I can't take it either. 482 00:26:14,227 --> 00:26:16,630 [Joan] Dan. Dan. 483 00:26:22,133 --> 00:26:24,261 [chattering continues] 484 00:26:31,866 --> 00:26:34,512 How he didn't know that that stunt would backfire is beyond me. 485 00:26:34,708 --> 00:26:36,122 Because he's reckless. 486 00:26:36,691 --> 00:26:38,357 - You doing all right? - [softly] Yeah. 487 00:26:40,527 --> 00:26:41,872 One of them smiled. 488 00:26:43,036 --> 00:26:45,782 One of the jurors, the guy with the goatee. 489 00:26:45,935 --> 00:26:47,318 He smiled? Really? 490 00:26:47,450 --> 00:26:50,740 Yeah, when she admitted it was a one in 500 chance, he smiled. 491 00:26:50,954 --> 00:26:52,205 [phone chimes] 492 00:26:54,394 --> 00:26:56,615 - [clears throat] - Something wrong? 493 00:26:57,127 --> 00:26:58,712 No. No, it's nothing. 494 00:26:59,421 --> 00:27:00,630 We'll talk later. 495 00:27:02,283 --> 00:27:05,911 You and Mr. Barber have worked together on many cases. Is that right? 496 00:27:06,196 --> 00:27:07,482 We go back, yes. 497 00:27:07,846 --> 00:27:10,802 Would you describe him as diligent when it came to his work? 498 00:27:10,899 --> 00:27:12,539 [Duffy] More than that. He was relentless. 499 00:27:12,726 --> 00:27:14,602 Was that relentlessness on display 500 00:27:14,686 --> 00:27:17,166 when you were attempting to cut through the school's red tape? 501 00:27:17,411 --> 00:27:19,310 He didn't feel the classmates were a priority. 502 00:27:19,395 --> 00:27:21,354 We'd already interviewed Ben's close friends. 503 00:27:21,526 --> 00:27:24,362 Once you did interview the students, finally, 504 00:27:24,446 --> 00:27:27,073 was there anything useful that came out of that? 505 00:27:27,157 --> 00:27:28,866 After the initial meetings, nothing much. 506 00:27:28,950 --> 00:27:31,077 But with some follow-up, we came to learn that 507 00:27:31,161 --> 00:27:33,319 there was an ongoing beef between the victim and the defendant. 508 00:27:33,403 --> 00:27:35,989 Meaning Ben had been bullying the defendant. 509 00:27:36,446 --> 00:27:37,466 For some time, yes. 510 00:27:37,551 --> 00:27:38,818 Was this around the time 511 00:27:38,903 --> 00:27:41,558 that you started to view the defendant as a suspect? 512 00:27:42,130 --> 00:27:43,131 It was. 513 00:27:43,215 --> 00:27:45,879 Even as his father was still running the investigation? 514 00:27:47,427 --> 00:27:49,929 Certain aspects of the investigation had to be carried out 515 00:27:50,013 --> 00:27:51,807 without Mr. Barber's knowledge. 516 00:27:53,164 --> 00:27:54,629 [Neal] What did that reveal? 517 00:27:57,229 --> 00:28:00,558 That the defendant supposedly had a knife consistent with the wounds, 518 00:28:00,643 --> 00:28:02,478 that he had sufficient motive, 519 00:28:02,609 --> 00:28:05,622 and he had opportunity, in that his movements the morning of the attack 520 00:28:05,707 --> 00:28:07,405 placed him near or at the scene. 521 00:28:07,489 --> 00:28:08,990 Did you arrest him at this time? 522 00:28:09,074 --> 00:28:10,616 Not until the fingerprint came back. 523 00:28:10,700 --> 00:28:12,535 We then obtained a warrant and searched the house, 524 00:28:12,619 --> 00:28:14,863 trying to find the knife, which we did not. 525 00:28:15,656 --> 00:28:17,637 Did you seize the defendant's computer? 526 00:28:17,722 --> 00:28:20,001 We did, but we found nothing directly incriminating. 527 00:28:20,159 --> 00:28:23,420 Detective, are you aware of a program called Disk Scraper? 528 00:28:23,505 --> 00:28:27,133 I am. It's a program that wipes hard drives, deletes files, that kind of thing. 529 00:28:27,217 --> 00:28:30,220 Was that program on the defendant's laptop? 530 00:28:30,976 --> 00:28:32,152 It was. 531 00:28:33,118 --> 00:28:36,955 Is it possible that there was incriminating evidence on the laptop, 532 00:28:37,040 --> 00:28:38,653 and it was removed by the defendant? 533 00:28:38,738 --> 00:28:40,772 Objection. Calls for speculation. 534 00:28:41,097 --> 00:28:42,097 Sustained. 535 00:28:42,782 --> 00:28:44,033 What about pornography? 536 00:28:44,202 --> 00:28:46,078 - Objection. Relevance. - Sustained. 537 00:28:46,194 --> 00:28:47,863 [Neal] Let me be more specific. 538 00:28:48,346 --> 00:28:52,793 Did you find any violent pornography on the defendant's laptop? 539 00:28:53,986 --> 00:28:55,904 I think all pornography is violent. 540 00:28:56,121 --> 00:28:57,164 Of course. 541 00:28:57,737 --> 00:29:01,240 I mean, specifically, images glorifying abuse or torture. 542 00:29:01,325 --> 00:29:03,082 Objection. Relevance. 543 00:29:04,407 --> 00:29:06,675 Overruled. The witness will answer. 544 00:29:08,672 --> 00:29:09,798 Some, yeah. 545 00:29:09,968 --> 00:29:11,553 [spectators murmuring] 546 00:29:15,182 --> 00:29:16,540 [Neal] No further questions. 547 00:29:19,144 --> 00:29:22,855 Detective, I assume you have executed countless search warrants 548 00:29:22,939 --> 00:29:24,970 in your career, yes? - Sure. 549 00:29:25,108 --> 00:29:26,526 Seized a lot of laptops. 550 00:29:26,610 --> 00:29:27,693 Yes. 551 00:29:27,777 --> 00:29:31,280 Have you ever found one that didn't have some pornography on it? 552 00:29:31,364 --> 00:29:32,657 [spectators chuckle] 553 00:29:33,098 --> 00:29:34,181 I don't think so. 554 00:29:34,320 --> 00:29:36,864 Detective, is it true that you were the first 555 00:29:36,963 --> 00:29:39,382 to identify Leonard Patz as a person of interest, 556 00:29:39,498 --> 00:29:41,587 and not Mr. Barber? 557 00:29:41,796 --> 00:29:43,784 Yes. I brought Patz to Andy's attention, 558 00:29:43,869 --> 00:29:46,213 and we agreed that he was someone we should be looking at. 559 00:29:46,661 --> 00:29:48,267 One last question. 560 00:29:49,672 --> 00:29:52,299 At any point in the investigation, 561 00:29:52,469 --> 00:29:55,312 did Andy Barber behave in any way 562 00:29:55,397 --> 00:29:58,455 to suggest that he suspected his own son? 563 00:29:58,910 --> 00:30:00,703 No, not in the slightest. 564 00:30:01,611 --> 00:30:03,821 No further questions, Your Honor. 565 00:30:04,022 --> 00:30:05,899 Mr. Logiudice, redirect? 566 00:30:14,409 --> 00:30:15,665 Detective... 567 00:30:18,667 --> 00:30:22,353 have you ever known Mr. Barber to be violent? 568 00:30:24,243 --> 00:30:25,994 - No. - Are you sure? 569 00:30:27,485 --> 00:30:29,681 Never seen him grab somebody by the jacket? 570 00:30:29,766 --> 00:30:30,983 Push them into a wall? 571 00:30:31,068 --> 00:30:33,048 Objection. Relevance. 572 00:30:33,878 --> 00:30:35,228 Overruled. 573 00:30:39,519 --> 00:30:41,641 Once. You. 574 00:30:41,726 --> 00:30:44,688 After your provoked him with that crack about his father doing time for... 575 00:30:45,927 --> 00:30:47,230 Doing time for murder? 576 00:30:47,315 --> 00:30:49,534 - Objection! Your Honor! - Sustained. 577 00:30:49,619 --> 00:30:51,439 I'll see counsel at sidebar, right now. 578 00:30:51,705 --> 00:30:53,582 [spectators murmuring] 579 00:30:56,590 --> 00:30:59,665 I'm appalled at what I just saw. We went over this in pretrial. 580 00:30:59,785 --> 00:31:02,496 Your Honor, it was the defense counsel who first raised the issue 581 00:31:02,581 --> 00:31:05,666 of whether the defendant's father had reason to suspect his own son. 582 00:31:05,750 --> 00:31:07,668 I am simply trying to make that argument. 583 00:31:07,752 --> 00:31:09,504 You have got to be kidding me. 584 00:31:09,588 --> 00:31:12,215 Your Honor, the defense moves for a mistrial. 585 00:31:12,299 --> 00:31:14,050 - Oh, come on. - He was given specific instructions. 586 00:31:14,134 --> 00:31:18,805 You are on extraordinarily thin ice, Mr. Logiudice, you understand me? 587 00:31:18,889 --> 00:31:21,891 Now you wrap it up with this witness right now. 588 00:31:21,975 --> 00:31:25,698 And if I hear even a whisper about the defendant's grandfather going forward, 589 00:31:25,783 --> 00:31:27,688 Ms. Klein will get her mistrial. Am I clear? 590 00:31:27,772 --> 00:31:30,392 Yes, Your Honor. 591 00:31:41,562 --> 00:31:43,119 Ladies and gentlemen, 592 00:31:43,624 --> 00:31:48,626 there's a saying in the law, "You cannot unring the bell"... 593 00:31:49,557 --> 00:31:51,767 but I am going to insist that you do 594 00:31:51,852 --> 00:31:54,479 just that with regard to the last question. 595 00:31:56,879 --> 00:31:58,955 [Neal] That must have been torture for you... 596 00:31:59,922 --> 00:32:01,423 sitting on the sidelines. 597 00:32:02,268 --> 00:32:03,697 I had no choice. 598 00:32:05,213 --> 00:32:06,853 So you trusted Ms. Klein? 599 00:32:07,633 --> 00:32:08,759 I did. 600 00:32:09,913 --> 00:32:13,751 On day four of the trial, the Commonwealth called its final witness: 601 00:32:14,465 --> 00:32:15,674 Derek Yoo. 602 00:32:16,923 --> 00:32:22,728 Did you feel that Ms. Klein adequately prepared for Derek Yoo's testimony? 603 00:32:23,401 --> 00:32:24,923 [Andy] Yeah, as best she could. 604 00:32:25,264 --> 00:32:27,884 [Neal] She intended to destroy his credibility? 605 00:32:28,109 --> 00:32:31,486 [Andy] He had a plausible motive. The jury had a right to know. 606 00:32:31,727 --> 00:32:33,548 What about you and Laurie? 607 00:32:35,449 --> 00:32:36,867 What about us? 608 00:32:38,223 --> 00:32:39,650 Were you prepared? 609 00:32:43,682 --> 00:32:46,434 [chattering] 610 00:33:05,276 --> 00:33:06,658 We've got a problem. 611 00:33:06,875 --> 00:33:09,043 Matt McGrath. I can't find him. 612 00:33:09,128 --> 00:33:10,212 What? 613 00:33:10,297 --> 00:33:12,215 Ellen's been trying to call his cell all week, 614 00:33:12,300 --> 00:33:14,669 and she finally got in touch with his mother this morning. 615 00:33:14,754 --> 00:33:16,361 And she said that she and Matt had 616 00:33:16,446 --> 00:33:19,158 a fight three days ago, and that he took off. 617 00:33:19,306 --> 00:33:21,932 And his girlfriend just posted online from Florida, 618 00:33:22,017 --> 00:33:23,805 and the mom thinks that he's down there with her. 619 00:33:23,889 --> 00:33:25,049 What are we supposed to do? 620 00:33:25,134 --> 00:33:26,378 He's supposed to take the stand tomorrow. 621 00:33:26,462 --> 00:33:30,126 Don't worry. We're gonna think of something. Okay. 622 00:33:40,000 --> 00:33:42,032 [laughing, chattering] 623 00:34:03,136 --> 00:34:04,888 [door opens] 624 00:34:26,560 --> 00:34:28,438 [bailiff] Court, all rise! 625 00:34:35,384 --> 00:34:39,954 I was like, "That's the same way you go to school. Did you see anything?" 626 00:34:40,397 --> 00:34:42,086 And Jake said no. 627 00:34:42,734 --> 00:34:47,695 Nothing about seeing Ben on the ground or trying to help him? 628 00:34:47,840 --> 00:34:50,552 No. Uh, and then he made a joke. 629 00:34:51,544 --> 00:34:55,089 Something like, "Couldn't happen to a nicer guy." 630 00:34:59,385 --> 00:35:03,532 And this is within a few hours after learning about Ben's murder? 631 00:35:03,798 --> 00:35:07,938 I guess, yeah. We were at Jake's house, playing video games. 632 00:35:09,111 --> 00:35:12,719 When you said that Ben used to pick on Jacob, 633 00:35:13,094 --> 00:35:14,532 what did you mean by that? 634 00:35:16,649 --> 00:35:18,628 Ben always kinda had it in for Jake. 635 00:35:18,837 --> 00:35:20,653 He was always calling him "fag." 636 00:35:21,012 --> 00:35:22,383 Like a nickname. 637 00:35:23,082 --> 00:35:27,753 Like he'd ask Jake questions about different sex things gay people do, 638 00:35:27,846 --> 00:35:30,001 but in front of everyone, to embarrass him. 639 00:35:30,086 --> 00:35:32,642 Or he'd fake a punch at Jake if he passed him in the hall. 640 00:35:32,726 --> 00:35:33,851 Stuff like that. 641 00:35:33,935 --> 00:35:36,876 And all of this bullying, it upset Jacob. 642 00:35:37,279 --> 00:35:39,790 - Yeah, of course. - Did it make him angry? 643 00:35:41,077 --> 00:35:42,662 Not so much in front of Ben, but... 644 00:35:43,890 --> 00:35:46,780 privately, he'd go off on how much he hated Ben's guts. 645 00:35:46,865 --> 00:35:49,922 Which I got. I mean, 646 00:35:50,279 --> 00:35:52,876 Ben would be a jerk to me too sometimes. 647 00:35:53,798 --> 00:35:56,266 At what point after Ben's murder 648 00:35:56,734 --> 00:35:59,027 did you begin to consider your friend Jacob's role in it? 649 00:35:59,150 --> 00:36:00,735 Objection. Leading the witness. 650 00:36:02,047 --> 00:36:03,485 Overruled. 651 00:36:06,091 --> 00:36:08,010 You can go ahead and answer, young man. 652 00:36:08,665 --> 00:36:10,196 I guess it was three days later. 653 00:36:10,456 --> 00:36:12,782 Was there anything other than his temper 654 00:36:12,866 --> 00:36:14,866 that began to make you suspicious? 655 00:36:14,972 --> 00:36:16,626 Well, yeah. The knife. 656 00:36:16,812 --> 00:36:19,689 Jake had this scary combat knife he'd bought in town. 657 00:36:19,773 --> 00:36:22,942 - He used to bring it to school sometimes. - To show it off, or... or what? 658 00:36:23,026 --> 00:36:26,133 Not really. I mean, he showed it to me and our friend Dylan... 659 00:36:26,218 --> 00:36:29,993 but it was more like he liked having it on him, 660 00:36:30,116 --> 00:36:31,548 walking around with it. 661 00:36:31,633 --> 00:36:34,657 Like... it was this secret thing he had. 662 00:36:34,902 --> 00:36:38,477 I see. So the bullying and the knife... 663 00:36:39,334 --> 00:36:41,211 But you knew about these things, 664 00:36:41,612 --> 00:36:44,579 and still, you didn't suspect Jacob immediately? 665 00:36:45,868 --> 00:36:48,649 I don't know. Maybe part of me did, a little. 666 00:36:48,734 --> 00:36:52,336 But... it wasn't until I read what he wrote online. 667 00:36:52,421 --> 00:36:53,589 [Neal] Online? 668 00:36:53,849 --> 00:36:57,060 [Derek mumbles] This messed up site Jake was into called The Cut Up Room. 669 00:36:57,144 --> 00:36:59,868 By "messed up," I'm assuming you mean pornographic. 670 00:36:59,953 --> 00:37:03,748 Yeah, but, it's not really so much about sex. 671 00:37:03,833 --> 00:37:07,196 More violence. Like, really graphic stuff. 672 00:37:07,451 --> 00:37:09,203 Are there stories on this site? 673 00:37:09,990 --> 00:37:14,786 Yeah, people post all kinds of stuff. Photos, videos, stories. 674 00:37:14,995 --> 00:37:17,581 And do you know if Jacob posted any stories? 675 00:37:19,089 --> 00:37:20,674 He did, yeah. 676 00:37:20,938 --> 00:37:22,773 He called them Job stories. 677 00:37:23,540 --> 00:37:24,876 Job stories? 678 00:37:25,012 --> 00:37:28,774 Yeah, you know, like his initials. J-O-B? 679 00:37:29,633 --> 00:37:31,344 That was his screen name on there. 680 00:37:32,421 --> 00:37:33,630 What do you know about this? 681 00:37:33,715 --> 00:37:35,305 Not enough. You got to shut it down. 682 00:37:35,390 --> 00:37:38,810 And did Job post a story about the murder of Ben Rifkin? 683 00:37:39,277 --> 00:37:40,319 Yes. 684 00:37:40,520 --> 00:37:42,856 [spectators murmuring] 685 00:37:44,290 --> 00:37:46,221 [Neal] Commonwealth moves to enter into evidence... 686 00:37:46,305 --> 00:37:47,360 [Joanna] Objection. 687 00:37:47,444 --> 00:37:48,694 Your Honor, may we approach? 688 00:37:48,778 --> 00:37:50,818 - [Judge French] Settle down, please. - [gavel raps] 689 00:37:52,468 --> 00:37:55,110 Respectfully, Your Honor, we ask to approach. 690 00:37:59,414 --> 00:38:03,000 Your Honor, this is an ambush. None of this was disclosed in discovery. 691 00:38:03,084 --> 00:38:05,290 Your Honor, this story was authored by the defendant. 692 00:38:05,376 --> 00:38:08,498 If he chose to hide it from his attorney, that's hardly the Commonwealth's fault. 693 00:38:08,582 --> 00:38:10,055 What's this about, Jacob? 694 00:38:10,774 --> 00:38:11,900 Jacob? 695 00:38:34,436 --> 00:38:36,646 Your Honor, I need to confer with my client. 696 00:38:36,941 --> 00:38:38,567 All right, go ahead. 697 00:38:42,374 --> 00:38:43,875 I'm gonna ask your patience 698 00:38:43,959 --> 00:38:47,782 while I allow defense counselor a moment to confer with her client. 699 00:38:50,441 --> 00:38:52,434 He's going to allow it unless our position 700 00:38:52,519 --> 00:38:54,516 is that Jacob didn't write the story. 701 00:38:54,677 --> 00:38:56,846 - Then that's our plan... - They know that he wrote it, Andy. 702 00:38:56,930 --> 00:38:58,797 They've got an IP address. 703 00:39:00,307 --> 00:39:01,642 Jacob. 704 00:39:07,107 --> 00:39:10,819 If we push back now, we're only going to shine a brighter light on it. 705 00:39:11,105 --> 00:39:12,493 How bad is it? 706 00:39:20,422 --> 00:39:24,166 "Jason stood there on the path as Brent kept walking toward him, grinning. 707 00:39:24,465 --> 00:39:27,509 If Brent knew the real Jason, he would have been scared shitless. 708 00:39:27,843 --> 00:39:30,762 'Don't fuck with me, ' Jason warned him. 'I mean it.' 709 00:39:31,182 --> 00:39:33,601 But Brent just laughed and grabbed him by the arm, 710 00:39:33,717 --> 00:39:36,219 twisting it back like he'd done so many times before. 711 00:39:36,836 --> 00:39:38,857 'Stop. You're hurting me, ' Jason said. 712 00:39:39,043 --> 00:39:40,608 But it didn't hurt that much. 713 00:39:40,747 --> 00:39:43,708 He just wanted Brent to think that, so he would let go. 714 00:39:44,451 --> 00:39:48,305 Brent laughed again, the way he always did, a fake laugh. 715 00:39:48,807 --> 00:39:51,727 Jason's hand slipped into his sweatshirt pocket. 716 00:39:51,937 --> 00:39:54,508 There it was, his trusted friend. 717 00:39:54,946 --> 00:39:58,449 He curled his fingers around the grip and felt a surge of power through his arm, 718 00:39:58,533 --> 00:39:59,826 up into his shoulder. 719 00:39:59,910 --> 00:40:01,953 He knew there was no turning back now. 720 00:40:02,055 --> 00:40:03,663 The park seemed to know it too. 721 00:40:03,747 --> 00:40:06,416 He could hear the breeze in the leaves and birds chirping. 722 00:40:06,719 --> 00:40:10,305 Brent saw the knife coming for him, but it was too late to do anything but stare. 723 00:40:10,618 --> 00:40:15,039 It slipped in so easily Jason thought he was stabbing air. That surprised him. 724 00:40:15,124 --> 00:40:19,165 He did it twice more, telling his brain to remember the feeling for later. 725 00:40:21,882 --> 00:40:23,842 Brent fell backward and rolled down the slope, 726 00:40:23,950 --> 00:40:25,641 until he stopped down below. 727 00:40:25,726 --> 00:40:28,493 Jason knew he should go, but he couldn't help himself. 728 00:40:28,578 --> 00:40:31,080 He went down to Brent's body to make sure he was dead. 729 00:40:31,165 --> 00:40:33,602 The smell of blood in the air made him feel dizzy. 730 00:40:33,839 --> 00:40:37,342 He found a small stream nearby and washed the knife off, and his hand too. 731 00:40:37,489 --> 00:40:41,157 He could see his reflection in the water, but his face looked different to him now. 732 00:40:41,368 --> 00:40:44,016 'It'll be our secret, ' it seemed to say. 733 00:40:47,628 --> 00:40:49,016 The End." 734 00:40:54,055 --> 00:41:00,297 [Neal] This story was posted three days after Ben Rifkin's body was found? 735 00:41:01,497 --> 00:41:02,497 [Derek] Yeah. 736 00:41:02,667 --> 00:41:05,420 [heartbeat] 737 00:41:06,685 --> 00:41:08,751 [Neal, muted] No further questions, Your Honor. 738 00:41:10,355 --> 00:41:11,564 [Judge French, muted] Ms. Klein? 739 00:41:11,648 --> 00:41:14,151 [heartbeat continues] 740 00:41:22,789 --> 00:41:23,790 No. 741 00:41:24,786 --> 00:41:26,235 No, we weren't prepared. 742 00:41:27,205 --> 00:41:30,744 A surprising turn of events sent shock waves through the courtroom today 743 00:41:30,829 --> 00:41:33,586 as testimony from one of Jacob Barber's classmates 744 00:41:33,670 --> 00:41:37,892 provided the prosecution with some extremely damaging evidence. 745 00:41:37,977 --> 00:41:42,133 The reaction from the jurors was palpable, to say the least. 746 00:42:04,344 --> 00:42:05,470 [car door closes] 747 00:42:09,284 --> 00:42:10,594 [car door opens] 748 00:42:12,042 --> 00:42:13,329 [car door closes] 749 00:42:20,740 --> 00:42:22,242 It was just a story. 750 00:42:31,965 --> 00:42:34,235 I didn't know it would be a big deal. 751 00:42:40,370 --> 00:42:41,860 Did you do it? 752 00:42:44,533 --> 00:42:46,201 Just tell me. Did you kill him? 753 00:42:56,651 --> 00:42:57,694 No. 754 00:43:04,725 --> 00:43:05,961 No. 755 00:43:14,437 --> 00:43:16,022 [seat belt clicks] 756 00:43:18,400 --> 00:43:19,860 [engine starts] 757 00:43:25,782 --> 00:43:29,077 I could ask the judge to issue a bench warrant for Matt McGrath. 758 00:43:29,468 --> 00:43:33,844 He won't. Not for some secondary witness holed up in Florida. 759 00:43:34,291 --> 00:43:36,542 We don't have a choice. We gotta go straight at Patz. 760 00:43:36,626 --> 00:43:38,416 Yeah, his subpoena was served this morning. 761 00:43:38,501 --> 00:43:40,923 I'll call him as a hostile witness and see what we can get out of him. 762 00:43:41,007 --> 00:43:45,438 We gotta run every play we have. Not just on the Patz front, Derek too. 763 00:43:45,864 --> 00:43:47,908 You don't think we covered Derek on cross? 764 00:43:49,529 --> 00:43:51,305 You did your best. 765 00:43:51,837 --> 00:43:53,540 You were distracted. 766 00:43:54,221 --> 00:43:56,047 Everyone was. 767 00:43:56,602 --> 00:43:58,020 [Andy sighs] 768 00:43:59,114 --> 00:44:04,001 We need to backstop Patz. I say we go harder on Derek, subpoena Sarah. 769 00:44:04,425 --> 00:44:05,884 [Joanna] Andy, we discussed this. 770 00:44:05,969 --> 00:44:09,138 That was before. We need Sarah to hammer home Derek's obsession. 771 00:44:09,284 --> 00:44:11,786 We need to have her repeat his words on the stand. 772 00:44:12,008 --> 00:44:13,704 Yeah, you're right. That could be powerful. 773 00:44:13,788 --> 00:44:15,123 Show the jury the selfie again. 774 00:44:15,207 --> 00:44:16,454 No. 775 00:44:17,584 --> 00:44:20,672 I don't wanna bring her into this. It's my trial. I'm saying no. 776 00:44:21,712 --> 00:44:24,102 Sorry, but you don't get a say in this anymore. 777 00:44:26,540 --> 00:44:28,125 Not after today. 778 00:44:42,194 --> 00:44:44,993 [Joanna] I'll get into it first thing tomorrow. 779 00:45:00,009 --> 00:45:01,680 [notification chime] 780 00:45:10,345 --> 00:45:11,596 [notification chime] 781 00:45:13,849 --> 00:45:15,142 [message chime] 782 00:45:28,405 --> 00:45:30,532 [computer ringing] 783 00:45:33,785 --> 00:45:35,245 [phone ringing] 784 00:46:01,602 --> 00:46:03,396 You haven't said one word all night. 785 00:46:06,497 --> 00:46:07,797 Did you know? 786 00:46:08,445 --> 00:46:09,883 About the story? 787 00:46:10,400 --> 00:46:11,400 No. 788 00:46:11,686 --> 00:46:13,021 Just tell me the truth. 789 00:46:13,305 --> 00:46:15,899 - I am. - The truth. I need to know. 790 00:46:16,046 --> 00:46:18,422 Laurie, I swear I'm telling you the truth. 791 00:46:18,892 --> 00:46:20,352 What about the website? 792 00:46:20,615 --> 00:46:21,907 The Cut Up Room? 793 00:46:29,400 --> 00:46:31,002 I only kept it from you 'cause I knew it would... 794 00:46:31,086 --> 00:46:32,657 Don't. Don't. 795 00:46:33,360 --> 00:46:34,439 Don't what? 796 00:46:34,524 --> 00:46:37,430 Explain it away like you do everything. Excuse it away. 797 00:46:37,515 --> 00:46:39,360 I knew it would set you off. 798 00:46:39,535 --> 00:46:41,696 You were already half convinced that Jacob was guilty. 799 00:46:41,781 --> 00:46:43,508 - I didn't want to add... - Not anymore. 800 00:46:52,045 --> 00:46:53,463 What'd you just say? 801 00:46:56,456 --> 00:46:57,753 I don't believe him. 802 00:46:58,503 --> 00:47:00,167 Not after what I heard today. 803 00:47:04,189 --> 00:47:05,801 So you're gonna let this one thing change... 804 00:47:05,885 --> 00:47:07,510 It's always one thing. 805 00:47:08,111 --> 00:47:09,654 Don't you see? 806 00:47:10,047 --> 00:47:11,471 We're guilty too. 807 00:47:11,555 --> 00:47:13,555 If we protect him, we're as guilty as he is. 808 00:47:13,640 --> 00:47:15,761 All right. Just keep your voice down. He's right upstairs. 809 00:47:15,845 --> 00:47:18,745 I'm not even saying I know what to do about it. I don't. 810 00:47:19,345 --> 00:47:21,641 But I know what I heard, and I know what it means. 811 00:47:21,726 --> 00:47:23,034 Laurie, I'm begging you. 812 00:47:23,119 --> 00:47:26,152 Don't talk yourself into something 'cause of some made-up story. 813 00:47:26,237 --> 00:47:28,233 - It's not a story. - Yes, it is! 814 00:47:29,166 --> 00:47:30,776 This is a kid that bullied him. 815 00:47:30,861 --> 00:47:31,948 He probably fantasized 816 00:47:32,032 --> 00:47:33,557 about hurting him a thousand times. 817 00:47:33,642 --> 00:47:37,260 So he let his imagination run wild, and he wrote it down. 818 00:47:38,216 --> 00:47:39,471 Maybe... 819 00:47:40,492 --> 00:47:43,066 Maybe he got some sick thrill imagining it. 820 00:47:43,151 --> 00:47:44,540 And is that horrible? Yes. 821 00:47:44,624 --> 00:47:47,293 It's terrible, and it was wrong, and it was stupid, 822 00:47:47,377 --> 00:47:48,920 but it was a story. 823 00:47:50,088 --> 00:47:52,006 Joanna vetted every single line from it. 824 00:47:52,106 --> 00:47:55,346 There wasn't one detail that hadn't already been reported by the news. 825 00:47:55,431 --> 00:47:58,526 - He was fantasizing. - He was confessing. 826 00:47:59,827 --> 00:48:03,253 To call it anything else is just lawyer spin, and you know it. 827 00:48:04,524 --> 00:48:06,010 What if you knew? 828 00:48:07,693 --> 00:48:11,956 What if you knew in your heart that our son did this unforgivable thing? 829 00:48:12,261 --> 00:48:15,430 Took the life of another child? Would it even matter? 830 00:48:15,545 --> 00:48:17,042 I'd still love him, if that's what you're asking. 831 00:48:17,126 --> 00:48:19,902 No, it's not. I'd still love him too. 832 00:48:19,987 --> 00:48:22,229 I will always love him, no matter what. 833 00:48:22,579 --> 00:48:24,831 You don't know how badly I wanted to hold him tonight 834 00:48:24,915 --> 00:48:26,082 and tell him it's all going to be okay. 835 00:48:26,166 --> 00:48:28,001 But I can't play this game anymore, 836 00:48:28,543 --> 00:48:30,950 letting him pretend he didn't do it, pretending to each other. 837 00:48:31,034 --> 00:48:32,707 He's not pretending. He didn't do this. 838 00:48:32,792 --> 00:48:34,132 - I know he didn't do this. - No, you don't! 839 00:48:34,216 --> 00:48:35,883 No one can sustain that level of deception. 840 00:48:35,967 --> 00:48:37,216 Of course he could. 841 00:48:37,301 --> 00:48:39,268 You of all people should know that. 842 00:48:44,178 --> 00:48:45,346 [scoffs] 843 00:48:49,199 --> 00:48:50,241 Yeah. 844 00:48:50,918 --> 00:48:52,487 Yeah, of course. 845 00:48:53,988 --> 00:48:55,425 He learned it from me. 846 00:49:01,930 --> 00:49:03,925 Maybe he learned it from both of us. 847 00:49:10,341 --> 00:49:11,801 What do you want me to say, Laurie? 848 00:49:13,106 --> 00:49:14,518 You're right. 849 00:49:15,298 --> 00:49:16,862 Our marriage is a lie. 850 00:49:17,715 --> 00:49:21,823 Our whole fucking family is based on a fairy tale, built on nothing. 851 00:49:23,483 --> 00:49:25,260 And our son's a murderer. 852 00:49:26,475 --> 00:49:28,089 Is that what you want to hear? 853 00:49:28,671 --> 00:49:29,880 No. 854 00:49:33,225 --> 00:49:35,221 But that doesn't mean it isn't true. 855 00:49:41,561 --> 00:49:43,659 [footsteps ascending stairs] 856 00:49:51,949 --> 00:49:53,456 [sobs] 857 00:50:33,627 --> 00:50:35,128 [woman screams] 858 00:50:35,888 --> 00:50:38,182 [people chattering] 859 00:50:40,175 --> 00:50:43,053 [woman screams] 860 00:50:53,772 --> 00:50:54,898 [woman on TV] Hello. 861 00:50:58,902 --> 00:51:00,654 [TV continues, indistinct] 862 00:51:08,036 --> 00:51:09,298 [sniffles] 863 00:51:13,500 --> 00:51:15,752 [sobbing] 864 00:51:33,728 --> 00:51:35,392 [sniffles] 865 00:51:36,314 --> 00:51:37,884 [exhales] 866 00:52:17,533 --> 00:52:19,868