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- Synced & corrected by MementMori -
-- www.addic7ed.com --
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So you think I'll win?
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Be surprised if you didn't.
This is your first murder, right?
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It's that obvious?
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No, no, you're doing great.
It's really well, yeah.
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I really appreciate you
taking the time here.
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Oh, come on, come on.
Actually I, uh... took some notes.
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If you want.
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Yeah. Great. Sure.
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So, um...
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- All right, your opening argument...
- Okay.
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You didn't look at him, the defendant.
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- I didn't?
- No.
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And I'm not talking
about a passing glance.
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You gotta show the jury that
you can look at a defendant
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right in the eye and say, "Guilty."
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If you show them that you have the
courage to do that, so will they.
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Okay. That's great.
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- What else?
- Uh...
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I noticed you kinda stand
far away from the jury box.
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You always wanna be closing that space.
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Makes the jurors feel
like you're one of them.
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00:02:08,770 --> 00:02:11,632
Oh. You, uh... you said the name
of the defendant four times.
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I shouldn't do that?
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As far as you're concerned,
he doesn't have a name.
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He's the defendant.
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His lawyer's gonna be doing
everything he can to humanize him.
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Don't make the job any easier.
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Another round?
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- No, that's okay.
- Yes. Absolutely.
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Come on. It's on me.
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You really think I'm gonna win, huh?
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Now, Jacob, I know I've
told you this before...
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Court, all rise.
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Hear ye, hear ye, hear ye.
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All persons having anything to do
before the Honorable Judge French,
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a Justice of the Superior Court,
38
00:04:01,450 --> 00:04:03,138
now sitting within and
for the Commonwealth,
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00:04:03,140 --> 00:04:05,954
draw near, give your attendance,
and you shall be heard.
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00:04:06,030 --> 00:04:07,820
God save the Commonwealth
of Massachusetts
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00:04:07,850 --> 00:04:09,050
and this most honorable court.
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This court's now open. Please be seated.
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Number 08-44-07, Commonwealth
versus Jacob Owen Barber.
44
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A single count of murder
in the first degree.
45
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For the defendant, Joanna Klein.
46
00:04:23,940 --> 00:04:27,430
For the Commonwealth, Assistant
District Attorney Neal Logiudice.
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00:04:28,300 --> 00:04:31,313
Any preliminary motions before
we begin the voir dire?
48
00:04:31,320 --> 00:04:33,156
A couple of things, yes, Your Honor.
49
00:04:33,232 --> 00:04:35,943
First, the defendant's
father, Andrew Barber,
50
00:04:36,020 --> 00:04:38,028
would like to enter an
appearance in the case
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00:04:38,029 --> 00:04:40,140
on the defendant's behalf.
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00:04:40,170 --> 00:04:43,242
With the court's permission, he's
going to second chair me at trial.
53
00:04:43,325 --> 00:04:45,327
Is this a wise decision, Ms. Klein?
54
00:04:45,600 --> 00:04:47,788
It is the family's wish, Your Honor.
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00:04:49,831 --> 00:04:52,334
All right, Mr. Barber, you can
come forward. What else?
56
00:04:52,417 --> 00:04:55,003
Your Honor, I have
filed a motion in limine
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00:04:55,087 --> 00:04:58,465
to exclude any mention of the
defendant's grandfather William Barber,
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00:04:58,549 --> 00:05:01,802
who is currently serving a life
sentence for first-degree murder.
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00:05:01,850 --> 00:05:04,860
We believe the Commonwealth
may try to introduce this fact
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00:05:04,880 --> 00:05:06,056
to prejudice the jury.
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00:05:06,139 --> 00:05:07,891
Your Honor, the Commonwealth contends
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00:05:07,975 --> 00:05:11,061
that the family's history of
violence is of great relevance.
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00:05:11,470 --> 00:05:13,981
Your Honor, my client has
never once met the...
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00:05:14,064 --> 00:05:16,108
I get it. I read the motion.
65
00:05:20,320 --> 00:05:22,447
Defendant's objection
is noted and tabled.
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00:05:22,531 --> 00:05:24,157
Should the Commonwealth decide
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00:05:24,180 --> 00:05:27,077
William Barber's criminal
record is critical to his case,
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00:05:27,090 --> 00:05:29,060
he will first notify the defense,
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00:05:29,080 --> 00:05:30,998
and then we'll have a
hearing on the matter.
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00:05:31,081 --> 00:05:33,834
Otherwise, not a word
about this to the jury.
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00:05:33,900 --> 00:05:34,910
Thank you, Your Honor.
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00:05:35,400 --> 00:05:36,503
Yes, Your Honor.
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00:05:37,000 --> 00:05:40,710
Lastly, the defense moves to
expand its witness list by two:
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00:05:40,799 --> 00:05:43,969
Matthew McGrath and Leonard Patz.
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00:05:43,990 --> 00:05:46,572
- Commonwealth?
- We're fine with it, Your Honor.
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00:05:46,597 --> 00:05:48,765
All right, let's bring
in the jury venire.
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All rise for the jury.
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00:06:08,035 --> 00:06:10,580
Retired bus driver, works
with kids. That's good.
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00:06:10,600 --> 00:06:12,581
Yeah, I liked her. Thanks, Ellen.
80
00:06:15,550 --> 00:06:17,085
They kept staring at me.
81
00:06:17,440 --> 00:06:18,870
Oh, you'll get used to that.
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00:06:19,500 --> 00:06:22,450
Just keep your eye on the
judge as much as possible...
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00:06:22,470 --> 00:06:23,967
or on your dad and me.
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00:06:24,000 --> 00:06:27,012
Don't give 'em any reason to
not like you. No faces. Okay?
85
00:06:27,250 --> 00:06:29,014
You're doing great so far.
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00:06:29,470 --> 00:06:30,724
You all are.
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00:06:32,470 --> 00:06:36,605
You see, this wasn't just an
average boy, the defendant.
88
00:06:37,523 --> 00:06:40,484
No, something set him apart.
89
00:06:42,330 --> 00:06:43,529
His father.
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00:06:43,770 --> 00:06:46,865
A father who was the first
assistant district attorney.
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00:06:46,880 --> 00:06:49,076
Top man, right here in this building.
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00:06:50,650 --> 00:06:54,081
For years, the defendant
watched his father
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00:06:54,164 --> 00:06:57,459
prosecute every major
murder case in this county.
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00:06:57,540 --> 00:06:59,740
He listened to dinner conversations.
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00:06:59,760 --> 00:07:02,960
Overheard phone calls, shop talk.
96
00:07:03,770 --> 00:07:07,219
You might even say that murder
was the family business.
97
00:07:09,221 --> 00:07:12,015
But still, the question remains "Why?"
98
00:07:14,440 --> 00:07:15,894
Why...
99
00:07:16,900 --> 00:07:20,399
would an eighth-grade
boy kill his classmate?
100
00:07:22,120 --> 00:07:25,150
Well, we've all been to school.
101
00:07:26,380 --> 00:07:29,240
We know kids can be mean.
102
00:07:32,911 --> 00:07:35,372
You're gonna hear testimony
that the victim in this case,
103
00:07:35,455 --> 00:07:38,125
Ben Rifkin, teased the defendant.
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00:07:39,126 --> 00:07:42,296
Nothing shocking, but still, mean.
105
00:07:43,172 --> 00:07:47,217
Ben foolishly mocked this young man,
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00:07:47,850 --> 00:07:53,265
unaware of his hidden capacity,
even desire, to kill.
107
00:07:53,348 --> 00:07:54,391
Objection.
108
00:07:54,474 --> 00:07:55,517
Sustained.
109
00:07:55,580 --> 00:07:59,563
The jury will disregard the last remark
about the defendant's desire,
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00:07:59,646 --> 00:08:01,315
which is speculation.
111
00:08:01,330 --> 00:08:04,109
And so, on April 12,
112
00:08:04,193 --> 00:08:07,821
the defendant walked into the
woods of Cold Spring Park
113
00:08:07,905 --> 00:08:12,034
with a knife in his pocket
and an idea in his mind.
114
00:08:12,960 --> 00:08:16,910
Did he ambush the victim, or were
there words exchanged first?
115
00:08:18,040 --> 00:08:21,668
Maybe Ben called him a name.
116
00:08:22,550 --> 00:08:24,338
Or even threatened him.
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00:08:25,400 --> 00:08:26,715
We don't know.
118
00:08:28,330 --> 00:08:30,093
All we know
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00:08:30,110 --> 00:08:34,000
is that the defendant punched
his knife three times
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00:08:34,020 --> 00:08:35,974
into Ben Rifkin's chest,
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00:08:36,850 --> 00:08:38,143
killing him.
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00:08:40,062 --> 00:08:41,688
Three...
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00:08:42,773 --> 00:08:46,527
evenly spaced wounds.
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00:08:49,220 --> 00:08:50,364
One.
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00:08:52,449 --> 00:08:53,450
Two.
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00:08:55,494 --> 00:08:56,745
Three.
127
00:08:59,470 --> 00:09:05,420
You see a tragedy as enormous
as this, and it makes you furious.
128
00:09:06,140 --> 00:09:08,590
You want someone to pay.
129
00:09:09,216 --> 00:09:10,968
I do too. I do.
130
00:09:12,140 --> 00:09:13,637
It's only human.
131
00:09:15,222 --> 00:09:19,059
But Jacob Barber is innocent.
132
00:09:20,110 --> 00:09:24,606
And I want to say that again so
that there is no misunderstanding.
133
00:09:25,274 --> 00:09:30,571
Jacob Barber is wholly
and completely innocent.
134
00:09:32,000 --> 00:09:35,951
When you understand what
really happened that day,
135
00:09:36,820 --> 00:09:41,790
you'll see this case for what
it is... a rush to judgment.
136
00:09:43,125 --> 00:09:45,085
The fingerprint, for example,
137
00:09:45,169 --> 00:09:47,462
that the prosecution made
such a big deal about,
138
00:09:47,546 --> 00:09:49,756
you're going to hear how
that print got there,
139
00:09:49,840 --> 00:09:53,260
just as Jacob told the police
officer who arrested him
140
00:09:53,343 --> 00:09:55,262
the moment that he was asked.
141
00:09:56,430 --> 00:10:00,475
He saw his classmate lying on
the ground, and he tried to help.
142
00:10:01,300 --> 00:10:03,478
And when he discovered
that Ben was dead,
143
00:10:03,479 --> 00:10:07,349
saw all that blood, he panicked.
144
00:10:07,350 --> 00:10:10,599
He feared that if he told
someone about the body,
145
00:10:10,600 --> 00:10:12,369
he'd become a suspect.
146
00:10:12,370 --> 00:10:16,241
After all, this was Ben Rifkin,
the boy who bullied him.
147
00:10:16,325 --> 00:10:19,328
Everyone knew that. How would it look?
148
00:10:20,440 --> 00:10:25,100
Does Jacob wish that he had
been braver from the start
149
00:10:25,120 --> 00:10:26,502
and told the truth?
150
00:10:27,250 --> 00:10:29,129
Of course he does.
151
00:10:29,210 --> 00:10:30,820
It was the worst mistake he's ever made.
152
00:10:30,840 --> 00:10:33,800
It was a horrible, terrifying mistake.
153
00:10:35,120 --> 00:10:36,970
But he was a boy.
154
00:10:38,138 --> 00:10:41,391
And I don't give a damn how
the state chooses to try him.
155
00:10:41,475 --> 00:10:44,769
He was a 14-year-old boy.
156
00:10:46,010 --> 00:10:48,148
And boys make mistakes.
157
00:10:50,734 --> 00:10:52,528
But we are adults...
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00:10:54,000 --> 00:10:57,074
with a grave responsibility before us.
159
00:10:58,040 --> 00:10:59,952
A child is dead.
160
00:11:01,250 --> 00:11:04,873
Don't destroy another
child's life to make up for it.
161
00:11:05,880 --> 00:11:07,660
That isn't justice.
162
00:11:09,420 --> 00:11:11,421
That's just another tragedy.
163
00:11:21,807 --> 00:11:22,973
Mr. Barber, over here!
164
00:11:22,975 --> 00:11:24,641
Mr. Barber, do you have any comment?
165
00:11:24,643 --> 00:11:26,363
Give us a little room here, please.
166
00:11:26,436 --> 00:11:28,146
Give us a little room here.
167
00:11:31,441 --> 00:11:33,601
Mr. Barber, do you feel he's guilty?
168
00:11:34,250 --> 00:11:36,119
Hey, come over here, please.
169
00:11:39,032 --> 00:11:40,472
It's definitely the same guy.
170
00:11:41,900 --> 00:11:44,070
Yes, I'm sure. Blue Lincoln.
171
00:11:45,747 --> 00:11:46,957
Right.
172
00:11:47,570 --> 00:11:49,585
You still have that plate
number I sent you?
173
00:11:52,140 --> 00:11:53,255
Okay.
174
00:11:54,770 --> 00:11:56,008
Thanks, Duff.
175
00:11:57,110 --> 00:11:58,552
What was that about?
176
00:11:59,110 --> 00:12:00,929
Long story. I'll tell you later.
177
00:12:01,330 --> 00:12:04,016
Okay, well, make sure
they get some rest.
178
00:12:04,099 --> 00:12:06,310
- I'll call you tonight.
- Okay.
179
00:12:20,770 --> 00:12:21,909
Driver's license.
180
00:12:22,951 --> 00:12:23,952
What I do?
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00:12:24,036 --> 00:12:25,704
Let me see your license.
182
00:12:26,550 --> 00:12:28,707
I got a right to sit in
my own car, don't I?
183
00:12:29,860 --> 00:12:32,580
Sir, are you refusing to provide
me with identification?
184
00:12:32,920 --> 00:12:34,420
I'm not refusing anything.
185
00:12:34,840 --> 00:12:37,210
I wanna know what
you're bothering me for.
186
00:12:57,528 --> 00:12:59,240
The family declined making any statement
187
00:12:59,260 --> 00:13:00,781
when leaving the courthouse today.
188
00:13:00,864 --> 00:13:02,032
And by all indications,
189
00:13:02,115 --> 00:13:04,701
plan to spend their night
here at their home in Newton.
190
00:13:04,785 --> 00:13:06,662
What happens tomorrow is anyone's guess.
191
00:13:06,690 --> 00:13:08,664
However, opening statements suggest
192
00:13:08,690 --> 00:13:10,958
we could be in for an
emotionally charged trial.
193
00:13:11,041 --> 00:13:13,201
This is Alix Wong, Channel 12 News.
194
00:14:09,770 --> 00:14:11,351
Just got off the phone with Duffy.
195
00:14:11,810 --> 00:14:14,313
It's not good. Just hear me out.
196
00:14:14,396 --> 00:14:15,522
What?
197
00:14:15,550 --> 00:14:18,233
His name is James O'Leary,
the guy in the Lincoln.
198
00:14:18,317 --> 00:14:19,860
They call him Father O'Leary.
199
00:14:20,300 --> 00:14:21,486
They?
200
00:14:21,570 --> 00:14:23,238
I guess he's an old gangster.
201
00:14:23,322 --> 00:14:26,241
He's got a record. Duffy said he
used to be some sort of muscle.
202
00:14:26,260 --> 00:14:29,077
Now he hires himself out to
do, you know, small things,
203
00:14:29,161 --> 00:14:30,871
roughing people up, that sort of thing.
204
00:14:31,140 --> 00:14:34,082
Are you kidding me?
What does he want with us?
205
00:14:34,100 --> 00:14:35,292
I don't know.
206
00:14:35,680 --> 00:14:38,962
What are we supposed to do?
Can't they arrest him? Question him?
207
00:14:39,000 --> 00:14:41,381
Not unless he explicitly threatens us.
208
00:14:41,900 --> 00:14:43,380
Oh, my God.
209
00:14:43,460 --> 00:14:45,240
Duffy said she's gonna
keep an eye on him.
210
00:14:45,270 --> 00:14:46,595
I know it doesn't sound good,
211
00:14:46,610 --> 00:14:49,223
but odds are it's probably just
someone trying to scare us.
212
00:14:49,306 --> 00:14:51,266
Because we're not scared enough already.
213
00:14:57,320 --> 00:15:01,693
My heart was kind of pounding then,
because he wasn't answering me.
214
00:15:01,710 --> 00:15:05,614
Uh, still, I couldn't see how
he looked until I got close.
215
00:15:06,600 --> 00:15:08,158
And did you call for help?
216
00:15:08,660 --> 00:15:12,162
I remember crawling backwards
up the slope, dialing 911.
217
00:15:13,900 --> 00:15:15,207
Thank you, Mrs. Gianetto.
218
00:15:15,840 --> 00:15:17,330
Ms. Klein.
219
00:15:17,417 --> 00:15:18,919
No questions, Your Honor.
220
00:15:20,040 --> 00:15:21,547
The dog park, yes.
221
00:15:21,570 --> 00:15:22,923
What time was this?
222
00:15:23,632 --> 00:15:24,967
Around 8:00 a.m.
223
00:15:25,600 --> 00:15:29,179
Like I said, it sounded
like a boy's voice I heard.
224
00:15:29,847 --> 00:15:32,850
He said, "Stop. You're hurting me."
225
00:15:33,500 --> 00:15:35,143
"Stop. You're hurting me."
226
00:15:37,896 --> 00:15:40,691
Could you tell what direction
the boy's voice came from?
227
00:15:42,660 --> 00:15:44,069
West, I think.
228
00:15:45,988 --> 00:15:47,698
Detective, is it standard procedure
229
00:15:47,780 --> 00:15:49,340
for an assistant district attorney
230
00:15:49,360 --> 00:15:51,243
to direct a homicide investigation?
231
00:15:51,850 --> 00:15:52,995
Yes.
232
00:15:53,078 --> 00:15:55,497
And who was the assistant DA
assigned to the case that day?
233
00:15:55,498 --> 00:15:56,957
Objection. Relevance.
234
00:15:58,333 --> 00:15:59,959
See counsel at sidebar.
235
00:16:03,850 --> 00:16:05,000
Your Honor, I don't see how
236
00:16:05,020 --> 00:16:06,967
Mr. Barber's brief
involvement in this case
237
00:16:07,050 --> 00:16:09,261
has anything to do with his
son's innocence or guilt.
238
00:16:09,280 --> 00:16:11,120
Your Honor, the jury is entitled to hear
239
00:16:11,140 --> 00:16:12,560
that the defendant's own father
240
00:16:12,580 --> 00:16:15,100
was in charge of the early
stages of the investigation.
241
00:16:17,500 --> 00:16:19,813
I'm going to allow it,
but I warn you, counselor.
242
00:16:19,897 --> 00:16:22,691
Mr. Barber is not on trial
here. Remember that.
243
00:16:23,317 --> 00:16:25,360
Yes, Your Honor. Understood.
244
00:16:26,445 --> 00:16:27,905
Witness will answer the question.
245
00:16:30,500 --> 00:16:32,284
Andrew Barber was in charge.
246
00:16:33,660 --> 00:16:37,539
And did you find it strange that
Mr. Barber was handling a case
247
00:16:37,623 --> 00:16:39,499
that involved his own son's classmate?
248
00:16:40,209 --> 00:16:41,585
Not really, no.
249
00:16:42,000 --> 00:16:44,213
And once his son was
charged with the murder?
250
00:16:44,713 --> 00:16:45,839
Any concerns?
251
00:16:47,000 --> 00:16:48,717
I wasn't happy about it.
252
00:16:49,220 --> 00:16:52,429
Detective, have you ever
heard of a prosecutor
253
00:16:52,513 --> 00:16:55,390
being involved in the
investigation into his own child?
254
00:16:55,474 --> 00:16:57,100
- Objection.
- Sustained.
255
00:16:57,120 --> 00:16:59,344
You've made your point, counselor.
Let's move it along.
256
00:17:00,040 --> 00:17:01,772
No further questions, Your Honor.
257
00:17:03,520 --> 00:17:04,733
Ms. Klein.
258
00:17:05,850 --> 00:17:09,024
Detective Peterson, you were among
the first at the crime scene.
259
00:17:09,025 --> 00:17:10,979
Was there a murder
weapon found that day?
260
00:17:10,980 --> 00:17:11,990
No, ma'am.
261
00:17:12,010 --> 00:17:15,243
Besides a single fingerprint found
on the victim's sweatshirt,
262
00:17:15,327 --> 00:17:17,412
was there any evidence
recovered that day?
263
00:17:17,496 --> 00:17:18,622
No.
264
00:17:18,704 --> 00:17:22,501
And of course, the fingerprint
wasn't identified until later. Yes?
265
00:17:22,584 --> 00:17:24,002
Yes. Correct.
266
00:17:24,086 --> 00:17:26,964
So is it fair to say that at the
beginning of the investigation,
267
00:17:27,047 --> 00:17:31,051
neither you nor Mr. Barber
had any obvious suspects?
268
00:17:31,134 --> 00:17:32,139
We did not.
269
00:17:32,140 --> 00:17:35,055
And was the defendant the
first suspect to emerge?
270
00:17:35,850 --> 00:17:38,684
- No. We initially just...
- Objection. Relevance?
271
00:17:41,019 --> 00:17:42,020
Overruled.
272
00:17:43,240 --> 00:17:45,731
We initially pursued a
suspect named Leonard Patz.
273
00:17:45,732 --> 00:17:48,549
He had a record for indecent
assault and battery on kids,
274
00:17:48,550 --> 00:17:49,569
things like that.
275
00:17:49,570 --> 00:17:51,864
So a registered sex offender,
276
00:17:51,947 --> 00:17:54,074
and that's what made him
a person of interest?
277
00:17:54,157 --> 00:17:56,076
That, and he lived near the park.
278
00:17:56,159 --> 00:17:57,661
He didn't just live near the park.
279
00:17:57,744 --> 00:18:00,831
He was known to walk in the park
most mornings. Isn't that true?
280
00:18:00,914 --> 00:18:02,708
Objection. Leading the witness.
281
00:18:02,791 --> 00:18:03,834
Overruled.
282
00:18:04,470 --> 00:18:08,422
Yes. In fact, he admitted to being
in the park that same morning.
283
00:18:09,680 --> 00:18:11,967
No more questions. Thank you.
284
00:18:13,000 --> 00:18:16,840
Detective, whose idea was it
to pursue the investigation
285
00:18:16,860 --> 00:18:18,190
into Leonard Patz?
286
00:18:20,680 --> 00:18:22,644
Andy Barber brought it to my attention.
287
00:18:23,500 --> 00:18:25,480
Andy Barber. I see.
288
00:18:26,440 --> 00:18:28,692
And Mr. Patz was then cleared
289
00:18:28,775 --> 00:18:31,361
when Mr. Barber's own son
was charged with the crime.
290
00:18:33,250 --> 00:18:34,364
Yes.
291
00:18:34,448 --> 00:18:35,866
No further questions, Your Honor.
292
00:18:38,785 --> 00:18:41,205
- Your Honor, we'd like to recross.
- Go ahead.
293
00:18:43,020 --> 00:18:47,711
Detective, when Mr. Logiudice asked
if you had cleared Leonard Patz,
294
00:18:47,794 --> 00:18:50,130
were you certain of his innocence?
295
00:18:50,214 --> 00:18:51,840
Certain? No.
296
00:18:51,924 --> 00:18:56,053
Did you agree with Mr. Barber's
decision to investigate Leonard Patz?
297
00:18:56,350 --> 00:18:58,222
Yes. Absolutely.
298
00:18:58,305 --> 00:19:01,558
What about other decisions
Andy Barber made?
299
00:19:01,642 --> 00:19:02,934
Any concerns at all?
300
00:19:03,220 --> 00:19:04,811
None I can think of.
301
00:19:05,646 --> 00:19:06,855
He's the best they got.
302
00:19:08,106 --> 00:19:10,067
The best they used to have, anyway.
303
00:19:11,440 --> 00:19:14,112
Thank you, Detective.
No further questions.
304
00:19:15,000 --> 00:19:17,741
Commonwealth, you prepared
to call your next witness?
305
00:19:19,800 --> 00:19:21,245
Uh, yes, Your Honor.
306
00:19:24,039 --> 00:19:26,792
The beam refracts through each slit
307
00:19:26,875 --> 00:19:29,395
and makes a pattern of light and
dark stripes on the other side.
308
00:19:29,461 --> 00:19:33,799
Why? Because light isn't
made of particles, but...
309
00:19:33,882 --> 00:19:35,008
- Waves?
- Exactly.
310
00:19:35,092 --> 00:19:37,678
And it is the intersection of the
waves that make the patterns.
311
00:19:38,262 --> 00:19:41,223
So these physicists decide that
they're gonna solve what's going on
312
00:19:41,306 --> 00:19:44,768
by installing a device
that allows them to see
313
00:19:44,852 --> 00:19:48,689
exactly which slit each
electron is passing through.
314
00:19:48,772 --> 00:19:51,567
Only the moment that
they try to observe it,
315
00:19:51,650 --> 00:19:54,580
the electrons stop behaving like waves
316
00:19:54,600 --> 00:19:56,150
and behave like particles again.
317
00:19:56,238 --> 00:19:57,990
What? That's impossible.
318
00:19:58,000 --> 00:20:00,284
- Google it.
- I'll be right back.
319
00:20:00,367 --> 00:20:02,407
I tell my wife it's exactly
like me and the Celtics.
320
00:20:02,452 --> 00:20:04,538
The moment I turn on
the game, they lose.
321
00:20:05,539 --> 00:20:07,583
What the hell did I say
about calling here?
322
00:20:08,010 --> 00:20:10,127
I just want to know how it's going.
323
00:20:10,210 --> 00:20:11,295
What?
324
00:20:11,700 --> 00:20:13,505
What do you mean, "What"? The trial.
325
00:20:13,589 --> 00:20:15,841
He's my grandson. I got a right to know.
326
00:20:15,860 --> 00:20:17,259
Listen to me very carefully.
327
00:20:17,342 --> 00:20:20,262
You don't have a right to shit. Okay?
328
00:20:20,280 --> 00:20:22,168
Maybe I got a right to call
one of these reporters
329
00:20:22,170 --> 00:20:23,806
that keeps trying me, huh?
330
00:20:24,040 --> 00:20:25,070
Do whatever you want.
331
00:20:25,080 --> 00:20:27,070
Come on. I just wanna
know what are you thinking.
332
00:20:27,090 --> 00:20:28,720
I mean, what's your strategy?
333
00:20:28,740 --> 00:20:30,460
I'm watching it all
day on the news here.
334
00:20:30,480 --> 00:20:31,658
I think the kid's got a chance.
335
00:20:31,660 --> 00:20:34,776
But, you know, you gotta
be smart about this.
336
00:20:34,860 --> 00:20:38,197
Oh, yeah? I didn't know they
gave out law degrees in prison.
337
00:20:38,780 --> 00:20:42,117
That's funny. You think
prison's a fucking joke?
338
00:20:43,120 --> 00:20:44,536
Let me tell you something.
339
00:20:44,620 --> 00:20:47,873
This is sure as hell no
place for a kid like Jacob.
340
00:20:49,800 --> 00:20:51,793
Now one of the, uh, witnesses today,
341
00:20:51,810 --> 00:20:53,253
this cop who was on the stand,
342
00:20:54,020 --> 00:20:55,923
he mentioned this guy Patz.
343
00:20:56,006 --> 00:20:57,341
What about him?
344
00:20:57,600 --> 00:20:59,301
Well, you think he did it?
345
00:21:01,400 --> 00:21:03,597
- Do you?
- Yeah.
346
00:21:05,000 --> 00:21:06,183
Are you sure?
347
00:21:06,600 --> 00:21:07,892
Look, I gotta go.
348
00:21:07,893 --> 00:21:09,895
Guy's a child molester, right?
349
00:21:11,120 --> 00:21:12,523
Sort of.
350
00:21:12,605 --> 00:21:15,525
How... How the fuck are you
"sort of" a child molester?
351
00:21:15,770 --> 00:21:19,071
Same way you were a murderer before
you actually murdered someone.
352
00:21:19,154 --> 00:21:20,864
Why you gotta make it about me? Huh?
353
00:21:20,948 --> 00:21:23,325
Why don't you fucking quit
worrying about what I am
354
00:21:23,350 --> 00:21:25,744
and start worrying about my grandson?
355
00:21:25,827 --> 00:21:27,328
Don't call here again.
356
00:21:27,329 --> 00:21:29,748
I mean it. You keep him
out of this place!
357
00:21:29,831 --> 00:21:31,124
You hear me?
358
00:21:31,140 --> 00:21:33,210
I spent my whole fucking
life in this shithole.
359
00:21:33,230 --> 00:21:35,838
I'm not gonna stand by
while my grandson's life...
360
00:21:36,880 --> 00:21:38,048
You mother...
361
00:21:38,131 --> 00:21:39,675
You fucked up, cocksucker.
362
00:21:54,000 --> 00:21:56,066
- Did Joanna leave?
- Yeah.
363
00:21:56,600 --> 00:21:58,277
Who was that?
364
00:21:58,360 --> 00:22:02,114
Oh, it was, uh... credit card company,
just confirming some charges.
365
00:22:04,700 --> 00:22:07,703
Joanna seemed... optimistic.
366
00:22:08,300 --> 00:22:11,164
You know, I'm starting
to think she should be.
367
00:22:17,504 --> 00:22:19,754
So weird, 'cause there were
just all these people there.
368
00:22:19,756 --> 00:22:21,298
I don't even know why,
because it was so cold outside.
369
00:22:21,300 --> 00:22:23,093
- Hey.
- Hold on one second.
370
00:22:23,177 --> 00:22:24,720
I'm just hanging these on your door.
371
00:22:25,070 --> 00:22:26,221
Okay. Thanks.
372
00:22:26,770 --> 00:22:27,973
Who are you talking to?
373
00:22:28,400 --> 00:22:29,515
Sarah.
374
00:22:30,000 --> 00:22:32,186
Oh. Okay.
375
00:22:32,880 --> 00:22:34,600
- Tell her I said hi.
- Okay.
376
00:22:36,100 --> 00:22:37,398
Sorry about that.
377
00:22:37,400 --> 00:22:40,152
So anyway, um, this lady
comes in with her kids, right?
378
00:22:40,235 --> 00:22:42,738
And they're just so loud and obnoxious.
379
00:22:42,740 --> 00:22:45,866
And I was like, "Oh, my gosh.
Shut up already." But...
380
00:22:53,123 --> 00:22:55,283
You've been with the state's
crime lab how long?
381
00:22:55,292 --> 00:22:57,419
Eleven years, almost 12.
382
00:22:58,120 --> 00:23:01,210
Ms. Carlson, could you
describe the blood evidence
383
00:23:01,230 --> 00:23:02,382
at the point of attack?
384
00:23:02,466 --> 00:23:05,761
There were a few small spatters
less than an inch in diameter.
385
00:23:05,780 --> 00:23:07,420
Yesterday, we heard defense contend
386
00:23:07,440 --> 00:23:10,641
that there should have been blood
on the clothing of an attacker
387
00:23:10,660 --> 00:23:12,518
in a stabbing like this.
388
00:23:12,601 --> 00:23:14,474
- Do you have an opinion on that?
- Yes.
389
00:23:14,475 --> 00:23:15,900
That's not necessarily true,
390
00:23:15,920 --> 00:23:18,899
since no spatter seemed
cast off with force.
391
00:23:18,980 --> 00:23:21,651
It's also possible the assailant
stood behind the victim
392
00:23:21,652 --> 00:23:22,694
when he stabbed him,
393
00:23:22,710 --> 00:23:24,578
which would have meant he
was out of the trajectory
394
00:23:24,580 --> 00:23:26,323
of any spray or spatter.
395
00:23:26,700 --> 00:23:28,951
What can you tell us
about the murder weapon?
396
00:23:29,030 --> 00:23:30,240
We were looking for a knife
397
00:23:30,270 --> 00:23:33,914
with a four to six-inch
blade and a serrated edge.
398
00:23:34,665 --> 00:23:35,749
I see.
399
00:23:36,770 --> 00:23:39,837
So, a knife like this one?
400
00:23:39,920 --> 00:23:41,964
Objection.
401
00:23:42,047 --> 00:23:43,463
Commonwealth moves to
enter into evidence...
402
00:23:43,465 --> 00:23:44,675
Objection!
403
00:23:45,070 --> 00:23:47,636
Your Honor, the jury
will soon hear testimony
404
00:23:47,650 --> 00:23:49,263
from the defendant's best friend
405
00:23:49,280 --> 00:23:52,350
that the defendant owned a
knife exactly like this one:
406
00:23:52,370 --> 00:23:53,660
a Schnell Tactical.
407
00:23:53,680 --> 00:23:56,018
Your Honor, this is a cheap stunt.
408
00:23:56,019 --> 00:23:59,815
The Commonwealth has yet to link
any such knife to the defendant,
409
00:23:59,890 --> 00:24:02,720
and to wave it around in
here now is irresponsible.
410
00:24:02,740 --> 00:24:05,500
- It's inflammatory.
- Agreed. Objection sustained.
411
00:24:05,520 --> 00:24:07,279
Put away the knife, Mr. Logiudice.
412
00:24:08,365 --> 00:24:10,409
In that case, no more
questions, Your Honor.
413
00:24:11,010 --> 00:24:12,202
Cross.
414
00:24:12,220 --> 00:24:13,662
Absolutely, Your Honor.
415
00:24:14,240 --> 00:24:17,374
Ms. Carlson, we were just
on the subject of blood.
416
00:24:17,400 --> 00:24:20,586
Was there any blood evidence
recovered from the defendant?
417
00:24:20,669 --> 00:24:21,680
No.
418
00:24:21,700 --> 00:24:23,755
Genetic evidence?
419
00:24:23,839 --> 00:24:26,758
DNA? Hairs? Fibers?
420
00:24:26,842 --> 00:24:28,468
No, just the fingerprint.
421
00:24:28,850 --> 00:24:31,513
- May I propose a hypothetical?
- Okay.
422
00:24:31,590 --> 00:24:33,969
Let's suppose the defendant, Jacob,
423
00:24:33,970 --> 00:24:36,518
was walking on his way to school...
424
00:24:37,440 --> 00:24:40,606
and came across the victim
lying on the ground.
425
00:24:41,440 --> 00:24:46,600
And suppose Jacob lifted
the victim by the collar
426
00:24:46,620 --> 00:24:48,155
to see if he was okay.
427
00:24:48,238 --> 00:24:52,409
Might that create a fingerprint
consistent with the one you found?
428
00:24:52,700 --> 00:24:54,494
Yes, that is possible.
429
00:24:54,840 --> 00:24:58,870
Now the knife that the Commonwealth
attempted to enter into evidence,
430
00:24:58,957 --> 00:25:00,417
had you ever seen it before?
431
00:25:00,501 --> 00:25:01,919
Objection. Relevance.
432
00:25:02,002 --> 00:25:05,380
Overruled. You opened
the door, counselor.
433
00:25:06,140 --> 00:25:08,634
Yes. The DA's office
asked me to determine
434
00:25:08,717 --> 00:25:11,304
if that particular model
of knife was consistent
435
00:25:11,305 --> 00:25:12,638
with the victim's wounds.
436
00:25:13,012 --> 00:25:16,849
Ah. And I assume they gave you
other models to compare as well?
437
00:25:16,850 --> 00:25:18,101
No.
438
00:25:18,120 --> 00:25:19,228
No?
439
00:25:20,896 --> 00:25:23,023
Did they at least ask you to determine
440
00:25:23,106 --> 00:25:26,068
how many other knives might
have made those wounds?
441
00:25:26,440 --> 00:25:27,694
No.
442
00:25:27,778 --> 00:25:29,238
Well, how many would you think?
443
00:25:30,350 --> 00:25:34,159
I... I don't know. That...
That would be speculating.
444
00:25:34,243 --> 00:25:35,369
A thousand?
445
00:25:35,827 --> 00:25:36,880
Uh...
446
00:25:37,350 --> 00:25:38,747
A large number.
447
00:25:38,830 --> 00:25:41,124
Seven hundred? Five hundred?
448
00:25:42,850 --> 00:25:45,254
Somewhere... Somewhere in that range.
449
00:25:45,470 --> 00:25:50,342
In other words, the chances
of it being the actual knife
450
00:25:50,425 --> 00:25:52,094
are one in 500. Correct?
451
00:25:52,177 --> 00:25:54,221
Objection. Calls for speculation.
452
00:25:54,304 --> 00:25:55,430
Sustained.
453
00:25:59,220 --> 00:26:01,019
No further questions, Your Honor.
454
00:26:02,100 --> 00:26:03,772
This is all going to shit.
455
00:26:03,800 --> 00:26:06,233
He's gonna walk. Can't you see that?
456
00:26:06,316 --> 00:26:07,916
He's gonna get away with killing our son
457
00:26:07,943 --> 00:26:10,779
because of that asshole
and his goddamn theatrics.
458
00:26:10,863 --> 00:26:12,447
Please, I can't take this.
459
00:26:12,531 --> 00:26:14,241
Yeah, well, I can't take it either.
460
00:26:14,270 --> 00:26:16,493
Dan. Dan.
461
00:26:31,820 --> 00:26:34,840
How he didn't know that that stunt
would backfire is beyond me.
462
00:26:34,880 --> 00:26:36,054
Because he's reckless.
463
00:26:36,500 --> 00:26:38,097
- You doing all right?
- Yeah.
464
00:26:40,559 --> 00:26:41,810
One of them smiled.
465
00:26:42,853 --> 00:26:45,814
One of the jurors,
the guy with the goatee.
466
00:26:45,898 --> 00:26:47,399
He smiled? Really?
467
00:26:47,400 --> 00:26:51,028
Yeah, when she admitted it was
a one in 500 chance, he smiled.
468
00:26:54,350 --> 00:26:56,450
Something wrong?
469
00:26:57,159 --> 00:26:58,744
No. No, it's nothing.
470
00:26:59,453 --> 00:27:00,662
We'll talk later.
471
00:27:02,140 --> 00:27:05,959
You and Mr. Barber have worked
together on many cases. Is that right?
472
00:27:06,041 --> 00:27:07,459
We go back, yes.
473
00:27:07,740 --> 00:27:10,672
Would you describe him as diligent
when it came to his work?
474
00:27:10,860 --> 00:27:12,680
More than that. He was relentless.
475
00:27:12,700 --> 00:27:14,580
Was that relentlessness on display
476
00:27:14,600 --> 00:27:17,040
when you were attempting to cut
through the school's red tape?
477
00:27:17,470 --> 00:27:19,350
He didn't feel the
classmates were a priority.
478
00:27:19,370 --> 00:27:21,475
We'd already interviewed
Ben's close friends.
479
00:27:21,558 --> 00:27:24,394
Once you did interview
the students, finally,
480
00:27:24,478 --> 00:27:27,105
was there anything useful
that came out of that?
481
00:27:27,189 --> 00:27:28,899
After the initial
meetings, nothing much.
482
00:27:28,982 --> 00:27:31,109
But with some follow-up,
we came to learn that
483
00:27:31,190 --> 00:27:33,198
there was an ongoing beef between
the victim and the defendant.
484
00:27:33,200 --> 00:27:36,156
Meaning Ben had been
bullying the defendant.
485
00:27:36,440 --> 00:27:37,741
For some time, yes.
486
00:27:37,820 --> 00:27:40,258
Was this around the time that you
started to view the defendant
487
00:27:40,260 --> 00:27:41,320
as a suspect?
488
00:27:42,162 --> 00:27:43,163
It was.
489
00:27:43,247 --> 00:27:45,749
Even as his father was still
running the investigation?
490
00:27:47,459 --> 00:27:49,962
Certain aspects of the investigation
had to be carried out
491
00:27:50,000 --> 00:27:51,839
without Mr. Barber's knowledge.
492
00:27:53,200 --> 00:27:54,424
What did that reveal?
493
00:27:57,261 --> 00:28:00,639
That the defendant supposedly had
a knife consistent with the wounds,
494
00:28:00,660 --> 00:28:02,558
that he had sufficient motive,
495
00:28:02,640 --> 00:28:03,760
and he had opportunity,
496
00:28:03,780 --> 00:28:05,600
in that his movements
the morning of the attack
497
00:28:05,602 --> 00:28:07,437
placed him near or at the scene.
498
00:28:07,521 --> 00:28:09,022
Did you arrest him at this time?
499
00:28:09,106 --> 00:28:10,649
Not until the fingerprint came back.
500
00:28:10,680 --> 00:28:12,618
We then obtained a warrant
and searched the house,
501
00:28:12,620 --> 00:28:14,862
trying to find the knife,
which we did not.
502
00:28:15,740 --> 00:28:17,573
Did you seize the defendant's computer?
503
00:28:17,656 --> 00:28:20,033
We did, but we found nothing
directly incriminating.
504
00:28:20,117 --> 00:28:23,453
Detective, are you aware of a
program called Disk Scraper?
505
00:28:23,470 --> 00:28:25,810
I am. It's a program
that wipes hard drives,
506
00:28:25,830 --> 00:28:27,248
deletes files, that kind of thing.
507
00:28:27,249 --> 00:28:30,252
Was that program on the
defendant's laptop?
508
00:28:31,000 --> 00:28:32,087
It was.
509
00:28:33,213 --> 00:28:37,050
Is it possible that there was
incriminating evidence on the laptop,
510
00:28:37,070 --> 00:28:38,574
and it was removed by the defendant?
511
00:28:38,635 --> 00:28:40,804
Objection. Calls for speculation.
512
00:28:40,880 --> 00:28:41,890
Sustained.
513
00:28:42,800 --> 00:28:44,183
What about pornography?
514
00:28:44,266 --> 00:28:46,143
- Objection. Relevance.
- Sustained.
515
00:28:46,226 --> 00:28:47,895
Let me be more specific.
516
00:28:48,400 --> 00:28:52,649
Did you find any violent pornography
on the defendant's laptop?
517
00:28:54,040 --> 00:28:56,069
I think all pornography is violent.
518
00:28:56,153 --> 00:28:57,196
Of course.
519
00:28:57,700 --> 00:29:01,366
I mean, specifically, images
glorifying abuse or torture.
520
00:29:01,450 --> 00:29:03,035
Objection. Relevance.
521
00:29:04,330 --> 00:29:06,455
Overruled. The witness will answer.
522
00:29:08,650 --> 00:29:09,917
Some, yeah.
523
00:29:15,214 --> 00:29:16,334
No further questions.
524
00:29:19,040 --> 00:29:22,888
Detective, I assume you have
executed countless search warrants
525
00:29:22,971 --> 00:29:25,057
- in your career, yes?
- Sure.
526
00:29:25,140 --> 00:29:26,558
Seized a lot of laptops.
527
00:29:26,642 --> 00:29:27,726
Yes.
528
00:29:27,740 --> 00:29:31,313
Have you ever found one that didn't
have some pornography on it?
529
00:29:33,140 --> 00:29:34,316
I don't think so.
530
00:29:34,399 --> 00:29:36,944
Detective, is it true
that you were the first
531
00:29:36,980 --> 00:29:39,446
to identify Leonard Patz
as a person of interest,
532
00:29:39,530 --> 00:29:41,281
and not Mr. Barber?
533
00:29:41,770 --> 00:29:43,700
Yes. I brought Patz to Andy's attention,
534
00:29:43,720 --> 00:29:46,245
and we agreed that he was someone
we should be looking at.
535
00:29:46,770 --> 00:29:48,247
One last question.
536
00:29:49,600 --> 00:29:52,417
At any point in the investigation,
537
00:29:52,450 --> 00:29:56,180
did Andy Barber behave
in any way to suggest
538
00:29:56,200 --> 00:29:58,839
that he suspected his own son?
539
00:29:58,841 --> 00:30:00,634
No, not in the slightest.
540
00:30:01,500 --> 00:30:03,971
No further questions, Your Honor.
541
00:30:04,054 --> 00:30:05,931
Mr. Logiudice, redirect?
542
00:30:14,330 --> 00:30:15,566
Detective...
543
00:30:18,777 --> 00:30:22,114
have you ever known
Mr. Barber to be violent?
544
00:30:24,250 --> 00:30:26,159
- No.
- Are you sure?
545
00:30:27,470 --> 00:30:31,081
Never seen him grab somebody by
the jacket? Push them into a wall?
546
00:30:31,164 --> 00:30:32,708
Objection. Relevance.
547
00:30:34,040 --> 00:30:35,335
Overruled.
548
00:30:39,600 --> 00:30:41,465
Once. You.
549
00:30:41,750 --> 00:30:43,218
After your provoked him with that crack
550
00:30:43,220 --> 00:30:44,880
about his father doing time for...
551
00:30:46,054 --> 00:30:47,264
Doing time for murder?
552
00:30:47,340 --> 00:30:49,460
- Objection! Your Honor!
- Sustained.
553
00:30:49,480 --> 00:30:51,476
I'll see counsel at sidebar, right now.
554
00:30:56,550 --> 00:30:59,735
I'm appalled at what I just saw.
We went over this in pretrial.
555
00:30:59,750 --> 00:31:02,529
Your Honor, it was the defense
counsel who first raised the issue
556
00:31:02,613 --> 00:31:05,699
of whether the defendant's father
had reason to suspect his own son.
557
00:31:05,730 --> 00:31:07,701
I am simply trying to
make that argument.
558
00:31:07,784 --> 00:31:09,536
You have got to be kidding me.
559
00:31:09,580 --> 00:31:12,247
Your Honor, the defense
moves for a mistrial.
560
00:31:12,331 --> 00:31:14,164
- Oh, come on.
- He was given specific instructions.
561
00:31:14,165 --> 00:31:17,459
You are on extraordinarily
thin ice, Mr. Logiudice,
562
00:31:17,470 --> 00:31:18,837
you understand me?
563
00:31:18,921 --> 00:31:21,924
Now you wrap it up with
this witness right now.
564
00:31:21,950 --> 00:31:23,530
And if I hear even a whisper
565
00:31:23,550 --> 00:31:25,594
about the defendant's
grandfather going forward,
566
00:31:25,677 --> 00:31:27,790
Ms. Klein will get her
mistrial. Am I clear?
567
00:31:27,804 --> 00:31:30,307
Yes, Your Honor.
568
00:31:41,735 --> 00:31:43,028
Ladies and gentlemen,
569
00:31:43,660 --> 00:31:48,325
there's a saying in the law,
"You cannot unring the bell"...
570
00:31:49,550 --> 00:31:52,760
but I am going to insist
that you do just that
571
00:31:52,780 --> 00:31:54,490
with regard to the last question.
572
00:31:56,880 --> 00:31:58,910
That must have been torture for you...
573
00:31:59,980 --> 00:32:01,580
sitting on the sidelines.
574
00:32:02,320 --> 00:32:03,757
I had no choice.
575
00:32:05,300 --> 00:32:07,052
So you trusted Ms. Klein?
576
00:32:07,700 --> 00:32:08,971
I did.
577
00:32:09,860 --> 00:32:11,560
On day four of the trial,
578
00:32:11,570 --> 00:32:13,720
the Commonwealth called
its final witness:
579
00:32:14,400 --> 00:32:15,769
Derek Yoo.
580
00:32:16,854 --> 00:32:20,820
Did you feel that Ms.
Klein adequately prepared
581
00:32:20,840 --> 00:32:22,600
for Derek Yoo's testimony?
582
00:32:23,410 --> 00:32:25,028
Yeah, as best she could.
583
00:32:25,250 --> 00:32:27,823
She intended to destroy his credibility?
584
00:32:28,200 --> 00:32:31,368
He had a plausible motive.
The jury had a right to know.
585
00:32:31,869 --> 00:32:33,412
What about you and Laurie?
586
00:32:35,470 --> 00:32:37,040
What about us?
587
00:32:38,220 --> 00:32:39,668
Were you prepared?
588
00:33:05,220 --> 00:33:06,528
We've got a problem.
589
00:33:06,770 --> 00:33:09,156
Matt McGrath. I can't find him.
590
00:33:09,239 --> 00:33:10,250
What?
591
00:33:10,270 --> 00:33:12,326
Ellen's been trying to
call his cell all week,
592
00:33:12,350 --> 00:33:14,703
and she finally got in touch
with his mother this morning.
593
00:33:14,780 --> 00:33:17,860
And she said that she and Matt
had a fight three days ago,
594
00:33:17,880 --> 00:33:19,164
and that he took off.
595
00:33:19,166 --> 00:33:21,752
And his girlfriend just
posted online from Florida,
596
00:33:21,835 --> 00:33:23,837
and the mom thinks that
he's down there with her.
597
00:33:23,921 --> 00:33:26,338
What are we supposed to do? He's
supposed to take the stand tomorrow.
598
00:33:26,340 --> 00:33:29,801
Don't worry. We're gonna
think of something. Okay.
599
00:34:26,550 --> 00:34:28,318
Court, all rise!
600
00:34:35,350 --> 00:34:38,540
I was like, "That's the same
way you go to school.
601
00:34:38,570 --> 00:34:39,995
Did you see anything?"
602
00:34:40,400 --> 00:34:42,040
And Jake said no.
603
00:34:42,660 --> 00:34:47,838
Nothing about seeing Ben on the
ground or trying to help him?
604
00:34:47,920 --> 00:34:50,632
No. Uh, and then he made a joke.
605
00:34:51,550 --> 00:34:55,262
Something like, "Couldn't
happen to a nicer guy."
606
00:34:59,400 --> 00:35:03,437
And this is within a few hours
after learning about Ben's murder?
607
00:35:03,770 --> 00:35:07,566
I guess, yeah. We were at Jake's
house, playing video games.
608
00:35:09,250 --> 00:35:12,404
When you said that Ben
used to pick on Jacob,
609
00:35:13,040 --> 00:35:14,489
what did you mean by that?
610
00:35:16,600 --> 00:35:20,579
Ben always kinda had it in for Jake.
He was always calling him "fag."
611
00:35:21,040 --> 00:35:22,372
Like a nickname.
612
00:35:23,120 --> 00:35:25,160
Like he'd ask Jake questions
613
00:35:25,180 --> 00:35:27,794
about different sex
things gay people do,
614
00:35:27,878 --> 00:35:29,922
but in front of everyone,
to embarrass him.
615
00:35:30,005 --> 00:35:32,674
Or he'd fake a punch at Jake
if he passed him in the hall.
616
00:35:32,758 --> 00:35:33,879
Stuff like that.
617
00:35:33,880 --> 00:35:36,762
And all of this bullying,
it upset Jacob.
618
00:35:37,240 --> 00:35:39,389
- Yeah, of course.
- Did it make him angry?
619
00:35:41,020 --> 00:35:42,726
Not so much in front of Ben, but...
620
00:35:44,000 --> 00:35:46,813
privately, he'd go off on how
much he hated Ben's guts.
621
00:35:46,897 --> 00:35:52,528
Which I got. I mean, Ben would
be a jerk to me too sometimes.
622
00:35:53,770 --> 00:35:56,240
At what point after Ben's murder
623
00:35:56,770 --> 00:35:59,201
did you begin to consider your
friend Jacob's role in it?
624
00:35:59,284 --> 00:36:00,702
Objection. Leading the witness.
625
00:36:02,000 --> 00:36:03,205
Overruled.
626
00:36:06,124 --> 00:36:08,043
You can go ahead and answer, young man.
627
00:36:08,752 --> 00:36:10,127
I guess it was three days later.
628
00:36:10,440 --> 00:36:12,960
Was there anything other than his temper
629
00:36:12,980 --> 00:36:14,965
that began to make you suspicious?
630
00:36:14,967 --> 00:36:16,468
Well, yeah. The knife.
631
00:36:16,700 --> 00:36:19,721
Jake had this scary combat
knife he'd bought in town.
632
00:36:19,750 --> 00:36:21,298
He used to bring it to school sometimes.
633
00:36:21,300 --> 00:36:22,940
To show it off, or... or what?
634
00:36:22,960 --> 00:36:26,435
Not really. I mean, he showed it
to me and our friend Dylan...
635
00:36:27,470 --> 00:36:30,065
but it was more like he
liked having it on him,
636
00:36:30,148 --> 00:36:31,358
walking around with it.
637
00:36:31,441 --> 00:36:34,570
Like... it was this secret thing he had.
638
00:36:34,920 --> 00:36:38,400
I see. So the bullying and the knife...
639
00:36:39,350 --> 00:36:41,368
But you knew about these things,
640
00:36:41,770 --> 00:36:44,538
and still, you didn't suspect
Jacob immediately?
641
00:36:46,000 --> 00:36:49,042
I don't know. Maybe part
of me did, a little.
642
00:36:50,140 --> 00:36:52,254
But it wasn't until I read
what he wrote online.
643
00:36:52,470 --> 00:36:53,797
Online?
644
00:36:53,880 --> 00:36:55,300
This messed up site
645
00:36:55,320 --> 00:36:57,092
Jake was into called The Cut Up Room.
646
00:36:57,176 --> 00:37:00,012
By "messed up," I'm assuming
you mean pornographic.
647
00:37:00,095 --> 00:37:03,891
Yeah, but, it's not
really so much about sex.
648
00:37:03,974 --> 00:37:07,352
More violence. Like,
really graphic stuff.
649
00:37:07,436 --> 00:37:09,188
Are there stories on this site?
650
00:37:10,010 --> 00:37:14,943
Yeah, people post all kinds of stuff.
Photos, videos, stories.
651
00:37:15,027 --> 00:37:17,613
And do you know if Jacob
posted any stories?
652
00:37:19,239 --> 00:37:20,824
He did, yeah.
653
00:37:20,908 --> 00:37:22,743
He called them Job stories.
654
00:37:23,700 --> 00:37:25,078
Job stories?
655
00:37:25,162 --> 00:37:28,665
Yeah, you know,
like his initials. J-O-B?
656
00:37:29,680 --> 00:37:31,460
That was his screen name on there.
657
00:37:32,586 --> 00:37:33,795
What do you know about this?
658
00:37:33,879 --> 00:37:35,339
Not enough. You got to shut it down.
659
00:37:35,380 --> 00:37:38,842
And did Job post a story about
the murder of Ben Rifkin?
660
00:37:39,020 --> 00:37:40,049
Yes.
661
00:37:44,139 --> 00:37:46,078
Commonwealth moves
to enter into evidence...
662
00:37:46,080 --> 00:37:47,392
Objection.
663
00:37:47,420 --> 00:37:48,727
Your Honor, may we approach?
664
00:37:48,810 --> 00:37:50,850
Settle down, please.
665
00:37:52,470 --> 00:37:55,150
Respectfully, Your Honor,
we ask to approach.
666
00:37:59,446 --> 00:38:00,956
Your Honor, this is an ambush.
667
00:38:00,970 --> 00:38:03,033
None of this was disclosed in discovery.
668
00:38:03,116 --> 00:38:05,202
Your Honor, this story was
authored by the defendant.
669
00:38:05,280 --> 00:38:06,738
If he chose to hide
it from his attorney,
670
00:38:06,740 --> 00:38:08,411
that's hardly the Commonwealth's fault.
671
00:38:08,420 --> 00:38:10,082
What's this about, Jacob?
672
00:38:10,916 --> 00:38:12,042
Jacob?
673
00:38:34,440 --> 00:38:36,733
Your Honor, I need to
confer with my client.
674
00:38:36,817 --> 00:38:38,443
All right, go ahead.
675
00:38:42,300 --> 00:38:43,907
I'm gonna ask your patience
676
00:38:43,920 --> 00:38:47,578
while I allow defense counselor a
moment to confer with her client.
677
00:38:50,490 --> 00:38:51,600
He's going to allow it
678
00:38:51,620 --> 00:38:54,332
unless our position is that
Jacob didn't write the story.
679
00:38:54,710 --> 00:38:56,960
- Then that's our plan...
- They know that he wrote it, Andy.
680
00:38:56,962 --> 00:38:58,463
They've got an IP address.
681
00:39:00,300 --> 00:39:01,800
Jacob.
682
00:39:07,070 --> 00:39:08,175
If we push back now,
683
00:39:08,176 --> 00:39:10,931
we're only going to shine
a brighter light on it.
684
00:39:10,932 --> 00:39:12,392
How bad is it?
685
00:39:20,360 --> 00:39:21,800
"Jason stood there on the path
686
00:39:21,820 --> 00:39:24,279
as Brent kept walking
toward him, grinning.
687
00:39:24,470 --> 00:39:27,659
If Brent knew the real Jason,
he would have been scared shitless.
688
00:39:27,743 --> 00:39:30,662
'Don't fuck with me,' Jason
warned him. 'I mean it.'
689
00:39:31,246 --> 00:39:33,665
But Brent just laughed and
grabbed him by the arm,
690
00:39:33,749 --> 00:39:36,251
twisting it back like he'd
done so many times before.
691
00:39:36,877 --> 00:39:40,464
'Stop. You're hurting me,' Jason said.
But it didn't hurt that much.
692
00:39:40,860 --> 00:39:43,960
He just wanted Brent to think
that, so he would let go.
693
00:39:44,400 --> 00:39:48,180
Brent laughed again, the way
he always did, a fake laugh.
694
00:39:48,770 --> 00:39:51,558
Jason's hand slipped into
his sweatshirt pocket.
695
00:39:52,040 --> 00:39:54,394
There it was, his trusted friend.
696
00:39:54,970 --> 00:39:56,450
He curled his fingers around the grip
697
00:39:56,460 --> 00:39:58,482
and felt a surge of
power through his arm,
698
00:39:58,500 --> 00:39:59,858
up into his shoulder.
699
00:39:59,942 --> 00:40:01,985
He knew there was no turning back now.
700
00:40:02,069 --> 00:40:03,695
The park seemed to know it too.
701
00:40:03,779 --> 00:40:06,448
He could hear the breeze in
the leaves and birds chirping.
702
00:40:06,770 --> 00:40:08,180
Brent saw the knife coming for him,
703
00:40:08,208 --> 00:40:10,107
but it was too late to
do anything but stare.
704
00:40:10,600 --> 00:40:13,760
It slipped in so easily Jason
thought he was stabbing air.
705
00:40:13,780 --> 00:40:15,165
That surprised him.
706
00:40:15,240 --> 00:40:16,480
He did it twice more,
707
00:40:16,500 --> 00:40:18,708
telling his brain to remember
the feeling for later.
708
00:40:21,940 --> 00:40:23,999
Brent fell backward and
rolled down the slope,
709
00:40:24,000 --> 00:40:26,051
until he stopped down below.
710
00:40:26,134 --> 00:40:28,550
Jason knew he should go,
but he couldn't help himself.
711
00:40:28,570 --> 00:40:31,223
He went down to Brent's body
to make sure he was dead.
712
00:40:31,250 --> 00:40:33,851
The smell of blood in the
air made him feel dizzy.
713
00:40:33,930 --> 00:40:36,130
He found a small stream nearby
and washed the knife off,
714
00:40:36,140 --> 00:40:37,437
and his hand too.
715
00:40:37,520 --> 00:40:39,038
He could see his
reflection in the water,
716
00:40:39,040 --> 00:40:41,441
but his face looked
different to him now.
717
00:40:41,525 --> 00:40:43,986
'It'll be our secret,' it seemed to say.
718
00:40:47,600 --> 00:40:48,907
The End."
719
00:40:54,040 --> 00:40:56,339
This story was posted
720
00:40:56,340 --> 00:41:00,127
three days after Ben
Rifkin's body was found?
721
00:41:01,550 --> 00:41:02,671
Yeah.
722
00:41:06,550 --> 00:41:08,557
No further questions, Your Honor.
723
00:41:10,220 --> 00:41:11,627
Ms. Klein?
724
00:41:22,770 --> 00:41:23,901
No.
725
00:41:24,600 --> 00:41:25,944
No, we weren't prepared.
726
00:41:27,230 --> 00:41:28,640
A surprising turn of events
727
00:41:28,660 --> 00:41:30,657
sent shock waves through
the courtroom today
728
00:41:30,741 --> 00:41:33,619
as testimony from one of
Jacob Barber's classmates
729
00:41:33,702 --> 00:41:37,706
provided the prosecution with
some extremely damaging evidence.
730
00:41:37,789 --> 00:41:41,960
The reaction from the jurors was
palpable, to say the least.
731
00:42:20,800 --> 00:42:22,501
It was just a story.
732
00:42:32,052 --> 00:42:34,137
I didn't know it would be a big deal.
733
00:42:40,394 --> 00:42:41,476
Did you do it?
734
00:42:44,470 --> 00:42:46,233
Just tell me. Did you kill him?
735
00:42:56,770 --> 00:42:57,953
No.
736
00:43:04,770 --> 00:43:05,961
No.
737
00:43:25,814 --> 00:43:29,109
I could ask the judge to issue a
bench warrant for Matt McGrath.
738
00:43:29,550 --> 00:43:33,194
He won't. Not for some secondary
witness holed up in Florida.
739
00:43:34,323 --> 00:43:36,575
We don't have a choice.
We gotta go straight at Patz.
740
00:43:36,658 --> 00:43:38,325
Yeah, his subpoena was
served this morning.
741
00:43:38,327 --> 00:43:39,790
I'll call him as a hostile witness
742
00:43:39,800 --> 00:43:41,246
and see what we can get out of him.
743
00:43:41,330 --> 00:43:42,920
We gotta run every play we have.
744
00:43:42,950 --> 00:43:45,083
Not just on the Patz front, Derek too.
745
00:43:45,770 --> 00:43:48,003
You don't think we
covered Derek on cross?
746
00:43:49,470 --> 00:43:51,215
You did your best.
747
00:43:51,700 --> 00:43:53,133
You were distracted.
748
00:43:54,426 --> 00:43:55,677
Everyone was.
749
00:43:59,140 --> 00:44:02,265
We need to backstop Patz.
I say we go harder on Derek,
750
00:44:02,270 --> 00:44:03,892
subpoena Sarah.
751
00:44:04,400 --> 00:44:05,979
Andy, we discussed this.
752
00:44:06,000 --> 00:44:09,233
That was before. We need Sarah to
hammer home Derek's obsession.
753
00:44:09,260 --> 00:44:11,818
We need to have her repeat
his words on the stand.
754
00:44:11,902 --> 00:44:13,737
Yeah, you're right.
That could be powerful.
755
00:44:13,820 --> 00:44:15,155
Show the jury the selfie again.
756
00:44:15,239 --> 00:44:16,240
No.
757
00:44:17,616 --> 00:44:20,619
I don't wanna bring her into this.
It's my trial. I'm saying no.
758
00:44:21,870 --> 00:44:23,872
Sorry, but you don't get
a say in this anymore.
759
00:44:26,550 --> 00:44:28,377
Not after today.
760
00:44:42,140 --> 00:44:44,726
I'll get into it first thing tomorrow.
761
00:46:01,550 --> 00:46:03,514
You haven't said one word all night.
762
00:46:06,470 --> 00:46:07,601
Did you know?
763
00:46:08,477 --> 00:46:09,603
About the story?
764
00:46:10,479 --> 00:46:11,480
No.
765
00:46:11,563 --> 00:46:12,898
Just tell me the truth.
766
00:46:13,220 --> 00:46:15,734
- I am.
- The truth. I need to know.
767
00:46:16,110 --> 00:46:18,320
Laurie, I swear I'm
telling you the truth.
768
00:46:18,780 --> 00:46:20,447
What about the website?
769
00:46:20,531 --> 00:46:21,823
The Cut Up Room?
770
00:46:29,456 --> 00:46:31,248
I only kept it from you
'cause I knew it would...
771
00:46:31,250 --> 00:46:32,793
Don't. Don't.
772
00:46:33,440 --> 00:46:34,459
Don't what?
773
00:46:34,461 --> 00:46:37,631
Explain it away like you do
everything. Excuse it away.
774
00:46:37,714 --> 00:46:39,297
I knew it would set you off.
775
00:46:39,550 --> 00:46:41,629
You were already half convinced
that Jacob was guilty.
776
00:46:41,630 --> 00:46:43,740
- I didn't want to add...
- Not anymore.
777
00:46:52,187 --> 00:46:53,605
What'd you just say?
778
00:46:56,400 --> 00:46:57,568
I don't believe him.
779
00:46:58,470 --> 00:47:00,070
Not after what I heard today.
780
00:47:04,140 --> 00:47:05,824
So you're gonna let this
one thing change...
781
00:47:05,826 --> 00:47:07,327
It's always one thing.
782
00:47:07,995 --> 00:47:09,538
Don't you see?
783
00:47:10,000 --> 00:47:13,750
We're guilty too. If we protect
him, we're as guilty as he is.
784
00:47:13,834 --> 00:47:15,959
All right. Just keep your voice
down. He's right upstairs.
785
00:47:15,961 --> 00:47:18,714
I'm not even saying I know
what to do about it. I don't.
786
00:47:19,350 --> 00:47:21,675
But I know what I heard,
and I know what it means.
787
00:47:21,680 --> 00:47:23,135
Laurie, I'm begging you.
788
00:47:23,218 --> 00:47:26,013
Don't talk yourself into something
'cause of some made-up story.
789
00:47:26,096 --> 00:47:28,265
- It's not a story.
- Yes, it is!
790
00:47:29,140 --> 00:47:30,809
This is a kid that bullied him.
791
00:47:30,820 --> 00:47:33,812
He probably fantasized about
hurting him a thousand times.
792
00:47:33,896 --> 00:47:37,274
So he let his imagination run
wild, and he wrote it down.
793
00:47:38,140 --> 00:47:39,359
Maybe...
794
00:47:40,470 --> 00:47:42,960
Maybe he got some sick
thrill imagining it.
795
00:47:42,988 --> 00:47:44,573
And is that horrible? Yes.
796
00:47:44,656 --> 00:47:47,326
It's terrible, and it was
wrong, and it was stupid,
797
00:47:47,409 --> 00:47:48,952
but it was a story.
798
00:47:50,140 --> 00:47:52,239
Joanna vetted every single line from it.
799
00:47:52,240 --> 00:47:54,348
There wasn't one detail that
hadn't already been reported
800
00:47:54,350 --> 00:47:55,500
by the news.
801
00:47:55,520 --> 00:47:58,545
- He was fantasizing.
- He was confessing.
802
00:47:59,780 --> 00:48:03,130
To call it anything else is just
lawyer spin, and you know it.
803
00:48:04,600 --> 00:48:06,136
What if you knew?
804
00:48:07,700 --> 00:48:09,260
What if you knew in your heart
805
00:48:09,280 --> 00:48:11,892
that our son did this
unforgivable thing?
806
00:48:12,250 --> 00:48:15,604
Took the life of another child?
Would it even matter?
807
00:48:15,687 --> 00:48:17,312
I'd still love him,
if that's what you're asking.
808
00:48:17,314 --> 00:48:19,910
No, it's not. I'd still love him too.
809
00:48:19,920 --> 00:48:21,940
I will always love him, no matter what.
810
00:48:22,611 --> 00:48:24,863
You don't know how badly
I wanted to hold him tonight
811
00:48:24,947 --> 00:48:26,196
and tell him it's all going to be okay.
812
00:48:26,198 --> 00:48:28,033
But I can't play this game anymore,
813
00:48:28,575 --> 00:48:30,951
letting him pretend he didn't do
it, pretending to each other.
814
00:48:30,953 --> 00:48:32,690
He's not pretending. He didn't do this.
815
00:48:32,704 --> 00:48:34,246
- I know he didn't do this.
- No, you don't!
816
00:48:34,248 --> 00:48:35,928
No one can sustain that
level of deception.
817
00:48:35,999 --> 00:48:39,044
Of course he could. You of
all people should know that.
818
00:48:49,140 --> 00:48:50,430
Yeah.
819
00:48:51,098 --> 00:48:52,391
Yeah, of course.
820
00:48:54,020 --> 00:48:55,602
He learned it from me.
821
00:49:01,880 --> 00:49:03,770
Maybe he learned it from both of us.
822
00:49:10,250 --> 00:49:11,952
What do you want me to say, Laurie?
823
00:49:13,240 --> 00:49:14,413
You're right.
824
00:49:15,400 --> 00:49:16,748
Our marriage is a lie.
825
00:49:17,700 --> 00:49:21,628
Our whole fucking family is based
on a fairy tale, built on nothing.
826
00:49:23,470 --> 00:49:24,840
And our son's a murderer.
827
00:49:26,400 --> 00:49:27,718
Is that what you want to hear?
828
00:49:28,650 --> 00:49:30,053
No.
829
00:49:33,200 --> 00:49:35,142
But that doesn't mean it isn't true.
830
00:50:53,804 --> 00:50:54,930
Hello.
831
00:52:20,420 --> 00:52:25,420
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