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1
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So you think I'll win?
2
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Be surprised if you didn't.
This is your first murder, right?
3
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It's that obvious?
4
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No, no, you're doing
great. It's really well, yeah.
5
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I really appreciate you
taking the time here.
6
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Oh, come on, come on.
Actually I, uh... took some notes.
7
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If you want.
8
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Yeah. Great. Sure.
9
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So, um...
10
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- All right, your opening argument...
- Okay.
11
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You didn't look at him, the defendant.
12
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- I didn't?
- No.
13
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And I'm not talking about a passing glance.
14
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You gotta show the jury that
you can look at a defendant
15
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right in the eye and say, "Guilty."
16
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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.
18
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- What else?
- Uh...
19
00:02:03,207 --> 00:02:05,226
I noticed you kinda stand
far away from the jury box.
20
00:02:05,250 --> 00:02:07,000
You always wanna be closing that space.
21
00:02:07,085 --> 00:02:08,812
Makes the jurors feel
like you're one of them.
22
00:02:08,836 --> 00:02:11,626
Oh. You, uh... you said the
name of the defendant four times.
23
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I shouldn't do that?
24
00:02:13,425 --> 00:02:16,845
As far as you're concerned, he
doesn't have a name. He's the defendant.
25
00:02:16,929 --> 00:02:19,199
His lawyer's gonna be doing
everything he can to humanize him.
26
00:02:19,223 --> 00:02:20,603
Don't make the job any easier.
27
00:02:20,933 --> 00:02:21,933
Another round?
28
00:02:22,017 --> 00:02:24,977
- No, that's okay.
- Yes. Absolutely.
29
00:02:25,854 --> 00:02:27,564
Come on. It's on me.
30
00:02:29,608 --> 00:02:31,358
You really think I'm gonna win, huh?
31
00:02:53,757 --> 00:02:55,757
Now, Jacob, I know
I've told you this before...
32
00:03:52,024 --> 00:03:53,654
Court, all rise.
33
00:03:54,318 --> 00:03:56,068
Hear ye, hear ye, hear ye.
34
00:03:56,153 --> 00:03:59,243
All persons having anything to do
before the Honorable Judge French,
35
00:03:59,323 --> 00:04:01,373
a Justice of the Superior Court,
36
00:04:01,450 --> 00:04:03,178
now sitting within and
for the Commonwealth,
37
00:04:03,202 --> 00:04:05,952
draw near, give your attendance,
and you shall be heard.
38
00:04:06,038 --> 00:04:09,118
God save the Commonwealth of Massachusetts
and this most honorable court.
39
00:04:09,208 --> 00:04:11,038
This court's now open. Please be seated.
40
00:04:14,379 --> 00:04:19,589
Number 08-44-07, Commonwealth
versus Jacob Owen Barber.
41
00:04:19,676 --> 00:04:21,796
A single count of
murder in the first degree.
42
00:04:21,887 --> 00:04:23,557
For the defendant, Joanna Klein.
43
00:04:24,056 --> 00:04:27,426
For the Commonwealth, Assistant
District Attorney Neal Logiudice.
44
00:04:28,352 --> 00:04:31,312
Any preliminary motions
before we begin the voir dire?
45
00:04:31,396 --> 00:04:33,196
A couple of
things, yes, Your Honor.
46
00:04:33,232 --> 00:04:35,942
First, the defendant's
father, Andrew Barber,
47
00:04:36,026 --> 00:04:40,236
would like to enter an appearance
in the case on the defendant's behalf.
48
00:04:40,322 --> 00:04:43,242
With the court's permission, he's
going to second chair me at trial.
49
00:04:43,325 --> 00:04:45,325
Is this
a wise decision, Ms. Klein?
50
00:04:45,744 --> 00:04:47,794
It is the family's wish, Your Honor.
51
00:04:49,831 --> 00:04:52,331
All right, Mr. Barber, you
can come forward. What else?
52
00:04:52,417 --> 00:04:54,997
Your Honor, I
have filed a motion in limine
53
00:04:55,087 --> 00:04:58,467
to exclude any mention of the
defendant's grandfather William Barber,
54
00:04:58,549 --> 00:05:01,799
who is currently serving a life
sentence for first-degree murder.
55
00:05:01,885 --> 00:05:06,055
We believe the Commonwealth may try to
introduce this fact to prejudice the jury.
56
00:05:06,139 --> 00:05:07,889
Your Honor, the Commonwealth contends
57
00:05:07,975 --> 00:05:11,055
that the family's history of
violence is of great relevance.
58
00:05:11,603 --> 00:05:13,983
Your Honor, my client
has never once met the...
59
00:05:14,064 --> 00:05:16,114
I get it. I read the motion.
60
00:05:20,320 --> 00:05:22,450
Defendant's objection is noted and tabled.
61
00:05:22,531 --> 00:05:24,161
Should the Commonwealth decide
62
00:05:24,241 --> 00:05:27,081
William Barber's criminal
record is critical to his case,
63
00:05:27,160 --> 00:05:31,000
he will first notify the defense, and
then we'll have a hearing on the matter.
64
00:05:31,081 --> 00:05:33,831
Otherwise, not a word
about this to the jury.
65
00:05:33,917 --> 00:05:35,247
Thank you, Your Honor.
66
00:05:35,794 --> 00:05:37,094
Yes, Your Honor.
67
00:05:37,171 --> 00:05:40,721
Lastly, the defense
moves to expand its witness list by two:
68
00:05:40,799 --> 00:05:43,969
Matthew McGrath and Leonard Patz.
69
00:05:44,052 --> 00:05:46,572
- Commonwealth?
- We're fine with it, Your Honor.
70
00:05:46,597 --> 00:05:48,767
All right, let's bring in the jury venire.
71
00:05:48,849 --> 00:05:50,729
All rise for the jury.
72
00:06:08,035 --> 00:06:10,615
Retired bus driver,
works with kids. That's good.
73
00:06:10,704 --> 00:06:12,584
Yeah, I liked her. Thanks, Ellen.
74
00:06:15,709 --> 00:06:17,089
They kept staring at me.
75
00:06:17,544 --> 00:06:18,884
Oh, you'll get used to that.
76
00:06:19,588 --> 00:06:23,968
Just keep your eye on the judge as
much as possible... or on your dad and me.
77
00:06:24,051 --> 00:06:27,011
Don't give 'em any reason to
not like you. No faces. Okay?
78
00:06:27,387 --> 00:06:29,007
You're doing great so far.
79
00:06:29,598 --> 00:06:30,718
You all are.
80
00:06:32,643 --> 00:06:36,613
You see, this wasn't just
an average boy, the defendant.
81
00:06:37,523 --> 00:06:40,483
No, something set him apart.
82
00:06:42,402 --> 00:06:43,532
His father.
83
00:06:43,987 --> 00:06:46,867
A father who was the first
assistant district attorney.
84
00:06:46,949 --> 00:06:49,079
Top man, right here in this building.
85
00:06:50,786 --> 00:06:54,076
For years, the defendant watched his father
86
00:06:54,164 --> 00:06:57,464
prosecute every major
murder case in this county.
87
00:06:57,543 --> 00:07:02,973
He listened to dinner conversations.
Overheard phone calls, shop talk.
88
00:07:03,924 --> 00:07:07,224
You might even say that
murder was the family business.
89
00:07:09,221 --> 00:07:12,021
But still, the question remains "Why?"
90
00:07:14,601 --> 00:07:15,891
Why...
91
00:07:16,979 --> 00:07:20,399
would an eighth-grade
boy kill his classmate?
92
00:07:22,317 --> 00:07:25,147
Well, we've all been to school.
93
00:07:26,488 --> 00:07:29,238
We know kids can be mean.
94
00:07:32,911 --> 00:07:35,371
You're gonna hear testimony
that the victim in this case,
95
00:07:35,455 --> 00:07:38,125
Ben Rifkin, teased the defendant.
96
00:07:39,126 --> 00:07:42,296
Nothing shocking, but still, mean.
97
00:07:43,172 --> 00:07:47,222
Ben foolishly mocked this young man,
98
00:07:47,968 --> 00:07:53,268
unaware of his hidden
capacity, even desire, to kill.
99
00:07:53,348 --> 00:07:54,388
Objection.
100
00:07:54,474 --> 00:07:55,524
Sustained.
101
00:07:55,601 --> 00:07:59,561
The jury will disregard the last
remark about the defendant's desire,
102
00:07:59,646 --> 00:08:01,316
which is speculation.
103
00:08:01,398 --> 00:08:04,108
And so, on April 12,
104
00:08:04,193 --> 00:08:07,823
the defendant walked into
the woods of Cold Spring Park
105
00:08:07,905 --> 00:08:12,025
with a knife in his pocket
and an idea in his mind.
106
00:08:13,035 --> 00:08:16,905
Did he ambush the victim, or
were there words exchanged first?
107
00:08:18,207 --> 00:08:21,667
Maybe Ben called him a name.
108
00:08:22,669 --> 00:08:24,339
Or even threatened him.
109
00:08:25,464 --> 00:08:26,724
We don't know.
110
00:08:28,425 --> 00:08:30,085
All we know
111
00:08:30,177 --> 00:08:35,967
is that the defendant punched his
knife three times into Ben Rifkin's chest,
112
00:08:36,850 --> 00:08:38,140
killing him.
113
00:08:40,062 --> 00:08:41,692
Three...
114
00:08:42,773 --> 00:08:46,533
evenly spaced wounds.
115
00:08:49,363 --> 00:08:50,363
One.
116
00:08:52,449 --> 00:08:53,449
Two.
117
00:08:55,494 --> 00:08:56,754
Three.
118
00:08:59,623 --> 00:09:05,423
You see a tragedy as enormous
as this, and it makes you furious.
119
00:09:06,296 --> 00:09:08,586
You want someone to pay.
120
00:09:09,216 --> 00:09:10,966
I do too. I do.
121
00:09:12,219 --> 00:09:13,639
It's only human.
122
00:09:15,222 --> 00:09:19,062
But Jacob Barber is innocent.
123
00:09:20,227 --> 00:09:24,607
And I want to say that again so
that there is no misunderstanding.
124
00:09:25,274 --> 00:09:30,574
Jacob Barber is wholly
and completely innocent.
125
00:09:32,072 --> 00:09:35,952
When you understand what
really happened that day,
126
00:09:36,910 --> 00:09:41,790
you'll see this case for what
it is... a rush to judgment.
127
00:09:43,125 --> 00:09:45,085
The fingerprint, for example,
128
00:09:45,169 --> 00:09:47,459
that the prosecution
made such a big deal about,
129
00:09:47,546 --> 00:09:49,756
you're going to hear
how that print got there,
130
00:09:49,840 --> 00:09:53,260
just as Jacob told the police
officer who arrested him
131
00:09:53,343 --> 00:09:55,263
the moment that he was asked.
132
00:09:56,430 --> 00:10:00,480
He saw his classmate lying on
the ground, and he tried to help.
133
00:10:01,393 --> 00:10:07,273
And when he discovered that Ben was
dead, saw all that blood, he panicked.
134
00:10:07,357 --> 00:10:12,277
He feared that if he told someone
about the body, he'd become a suspect.
135
00:10:12,362 --> 00:10:16,242
After all, this was Ben
Rifkin, the boy who bullied him.
136
00:10:16,325 --> 00:10:19,325
Everyone knew that. How would it look?
137
00:10:20,537 --> 00:10:26,497
Does Jacob wish that he had been
braver from the start and told the truth?
138
00:10:27,419 --> 00:10:29,129
Of course he does.
139
00:10:29,213 --> 00:10:33,803
It was the worst mistake he's ever made.
It was a horrible, terrifying mistake.
140
00:10:35,302 --> 00:10:36,972
But he was a boy.
141
00:10:38,138 --> 00:10:41,388
And I don't give a damn how
the state chooses to try him.
142
00:10:41,475 --> 00:10:44,685
He was a 14-year-old boy.
143
00:10:46,104 --> 00:10:48,154
And boys make mistakes.
144
00:10:50,734 --> 00:10:52,534
But we are adults...
145
00:10:54,071 --> 00:10:57,071
with a grave responsibility before us.
146
00:10:58,200 --> 00:10:59,950
A child is dead.
147
00:11:01,370 --> 00:11:04,870
Don't destroy another
child's life to make up for it.
148
00:11:06,041 --> 00:11:07,671
That isn't justice.
149
00:11:09,628 --> 00:11:11,418
That's just another tragedy.
150
00:11:21,807 --> 00:11:22,951
Mr. Barber, over here!
151
00:11:22,975 --> 00:11:24,619
Mr. Barber,
do you have any comment?
152
00:11:24,643 --> 00:11:26,403
Give us a
little room here, please.
153
00:11:26,436 --> 00:11:28,146
Give us a little room here.
154
00:11:31,441 --> 00:11:33,641
Mr. Barber, do you feel he's guilty?
155
00:11:34,319 --> 00:11:36,159
Hey, come over here, please.
156
00:11:39,032 --> 00:11:40,472
It's definitely the same guy.
157
00:11:42,077 --> 00:11:44,077
Yes, I'm sure. Blue Lincoln.
158
00:11:45,747 --> 00:11:46,957
Right.
159
00:11:47,708 --> 00:11:49,588
You still have that
plate number I sent you?
160
00:11:52,254 --> 00:11:53,264
Okay.
161
00:11:54,840 --> 00:11:56,010
Thanks, Duff.
162
00:11:57,301 --> 00:11:58,551
What was that about?
163
00:11:59,219 --> 00:12:00,929
Long story. I'll tell you later.
164
00:12:01,513 --> 00:12:04,023
Okay, well, make sure they get some rest.
165
00:12:04,099 --> 00:12:06,309
- I'll call you tonight.
- Okay.
166
00:12:20,908 --> 00:12:21,908
Driver's license.
167
00:12:22,951 --> 00:12:23,951
What I do?
168
00:12:24,036 --> 00:12:25,696
Let me see your license.
169
00:12:26,705 --> 00:12:28,705
I got a right to sit in
my own car, don't I?
170
00:12:30,083 --> 00:12:32,593
Sir, are you refusing to
provide me with identification?
171
00:12:33,003 --> 00:12:34,423
I'm not refusing anything.
172
00:12:35,047 --> 00:12:37,217
I wanna know what you're bothering me for.
173
00:12:57,528 --> 00:13:00,778
The family declined making any statement
when leaving the courthouse today.
174
00:13:00,864 --> 00:13:02,034
And by all indications,
175
00:13:02,115 --> 00:13:04,695
plan to spend their night
here at their home in Newton.
176
00:13:04,785 --> 00:13:06,655
What happens tomorrow is anyone's guess.
177
00:13:06,745 --> 00:13:08,655
However, opening statements suggest
178
00:13:08,747 --> 00:13:10,957
we could be in for an
emotionally charged trial.
179
00:13:11,041 --> 00:13:13,201
This is Alix Wong, Channel 12 News.
180
00:14:09,850 --> 00:14:11,350
Just got off the phone with Duffy.
181
00:14:11,810 --> 00:14:14,310
It's not good. Just hear me out.
182
00:14:14,396 --> 00:14:15,516
What?
183
00:14:15,606 --> 00:14:18,226
His name is James O'Leary,
the guy in the Lincoln.
184
00:14:18,317 --> 00:14:19,857
They call him Father O'Leary.
185
00:14:20,402 --> 00:14:21,492
They?
186
00:14:21,570 --> 00:14:23,240
I guess he's an old gangster.
187
00:14:23,322 --> 00:14:26,242
He's got a record. Duffy said he
used to be some sort of muscle.
188
00:14:26,325 --> 00:14:29,075
Now he hires himself out to
do, you know, small things,
189
00:14:29,161 --> 00:14:30,871
roughing people up, that sort of thing.
190
00:14:31,288 --> 00:14:34,078
Are you kidding me?
What does he want with us?
191
00:14:34,166 --> 00:14:35,286
I don't know.
192
00:14:35,792 --> 00:14:38,962
What are we supposed to do?
Can't they arrest him? Question him?
193
00:14:39,046 --> 00:14:41,376
Not unless he explicitly threatens us.
194
00:14:42,090 --> 00:14:43,380
Oh, my God.
195
00:14:43,467 --> 00:14:46,597
Duffy said she's gonna keep an eye
on him. I know it doesn't sound good,
196
00:14:46,678 --> 00:14:49,218
but odds are it's probably
just someone trying to scare us.
197
00:14:49,306 --> 00:14:51,266
Because we're not scared enough already.
198
00:14:57,439 --> 00:15:01,689
My heart was kind of pounding
then, because he wasn't answering me.
199
00:15:01,777 --> 00:15:05,607
Uh, still, I couldn't see how
he looked until I got close.
200
00:15:06,782 --> 00:15:08,162
And did you call for help?
201
00:15:08,825 --> 00:15:12,155
I remember crawling backwards
up the slope, dialing 911.
202
00:15:13,997 --> 00:15:15,207
Thank you, Mrs. Gianetto.
203
00:15:16,083 --> 00:15:17,333
Ms. Klein.
204
00:15:17,417 --> 00:15:18,917
No questions, Your Honor.
205
00:15:20,128 --> 00:15:21,548
The dog park, yes.
206
00:15:21,630 --> 00:15:22,920
What time was this?
207
00:15:23,632 --> 00:15:24,972
Around 8:00 a.m.
208
00:15:25,717 --> 00:15:29,177
Like I said, it sounded
like a boy's voice I heard.
209
00:15:29,847 --> 00:15:32,847
He said, "Stop. You're hurting me."
210
00:15:33,642 --> 00:15:35,142
"Stop. You're hurting me."
211
00:15:37,896 --> 00:15:40,686
Could you tell what direction
the boy's voice came from?
212
00:15:42,776 --> 00:15:44,066
West, I think.
213
00:15:45,988 --> 00:15:47,698
Detective, is it standard procedure
214
00:15:47,781 --> 00:15:51,241
for an assistant district attorney
to direct a homicide investigation?
215
00:15:51,994 --> 00:15:53,004
Yes.
216
00:15:53,078 --> 00:15:55,498
And who was the assistant DA
assigned to the case that day?
217
00:15:55,581 --> 00:15:56,961
Objection. Relevance.
218
00:15:58,625 --> 00:15:59,875
See counsel at sidebar.
219
00:16:03,922 --> 00:16:06,972
Your Honor, I don't see how
Mr. Barber's brief involvement in this case
220
00:16:07,050 --> 00:16:09,260
has anything to do with
his son's innocence or guilt.
221
00:16:09,344 --> 00:16:12,684
Your Honor, the jury is entitled to
hear that the defendant's own father
222
00:16:12,764 --> 00:16:15,104
was in charge of the early
stages of the investigation.
223
00:16:17,561 --> 00:16:19,811
I'm going to allow it, but
I warn you, counselor.
224
00:16:19,897 --> 00:16:22,687
Mr. Barber is not on
trial here. Remember that.
225
00:16:23,317 --> 00:16:25,357
Yes, Your Honor. Understood.
226
00:16:26,445 --> 00:16:27,905
Witness will answer the question.
227
00:16:30,616 --> 00:16:32,276
Andrew Barber was in charge.
228
00:16:33,827 --> 00:16:37,537
And did you find it strange that
Mr. Barber was handling a case
229
00:16:37,623 --> 00:16:39,503
that involved his own son's classmate?
230
00:16:40,209 --> 00:16:41,589
Not really, no.
231
00:16:42,085 --> 00:16:44,205
And once his son
was charged with the murder?
232
00:16:44,713 --> 00:16:45,843
Any concerns?
233
00:16:47,049 --> 00:16:48,719
I wasn't happy about it.
234
00:16:49,343 --> 00:16:52,433
Detective, have you
ever heard of a prosecutor
235
00:16:52,513 --> 00:16:55,393
being involved in the
investigation into his own child?
236
00:16:55,474 --> 00:16:57,104
- Objection.
- Sustained.
237
00:16:57,184 --> 00:16:59,384
You've made your point,
counselor. Let's move it along.
238
00:17:00,145 --> 00:17:01,765
No further questions, Your Honor.
239
00:17:03,649 --> 00:17:04,729
Ms. Klein.
240
00:17:05,983 --> 00:17:08,953
Detective Peterson, you were
among the first at the crime scene.
241
00:17:09,029 --> 00:17:11,989
- Was there a murder weapon found that day?
- No, ma'am.
242
00:17:12,074 --> 00:17:15,244
Besides a single fingerprint
found on the victim's sweatshirt,
243
00:17:15,327 --> 00:17:17,407
was there any evidence recovered that day?
244
00:17:17,496 --> 00:17:18,616
No.
245
00:17:18,704 --> 00:17:22,504
And of course, the fingerprint
wasn't identified until later. Yes?
246
00:17:22,584 --> 00:17:24,004
Yes. Correct.
247
00:17:24,086 --> 00:17:26,956
So is it fair to say that at the
beginning of the investigation,
248
00:17:27,047 --> 00:17:31,047
neither you nor Mr. Barber
had any obvious suspects?
249
00:17:31,134 --> 00:17:32,144
We did not.
250
00:17:32,219 --> 00:17:35,059
And was the defendant
the first suspect to emerge?
251
00:17:35,973 --> 00:17:38,683
- No. We initially just...
- Objection. Relevance?
252
00:17:41,019 --> 00:17:42,019
Overruled.
253
00:17:43,355 --> 00:17:45,645
We initially pursued a
suspect named Leonard Patz.
254
00:17:45,732 --> 00:17:49,492
He had a record for indecent assault
and battery on kids, things like that.
255
00:17:49,570 --> 00:17:51,860
So a registered sex offender,
256
00:17:51,947 --> 00:17:54,067
and that's what made
him a person of interest?
257
00:17:54,157 --> 00:17:56,077
That, and he lived near the park.
258
00:17:56,159 --> 00:17:57,659
He didn't just live near the park.
259
00:17:57,744 --> 00:18:00,834
He was known to walk in the
park most mornings. Isn't that true?
260
00:18:00,914 --> 00:18:02,714
Objection. Leading the witness.
261
00:18:02,791 --> 00:18:03,831
Overruled.
262
00:18:04,585 --> 00:18:08,415
Yes. In fact, he admitted to being
in the park that same morning.
263
00:18:09,756 --> 00:18:11,966
No more questions. Thank you.
264
00:18:13,051 --> 00:18:18,101
Detective, whose idea was it to pursue
the investigation into Leonard Patz?
265
00:18:20,767 --> 00:18:22,637
Andy Barber brought it to my attention.
266
00:18:23,604 --> 00:18:25,484
Andy Barber. I see.
267
00:18:26,440 --> 00:18:28,690
And Mr. Patz was then cleared
268
00:18:28,775 --> 00:18:31,355
when Mr. Barber's own son
was charged with the crime.
269
00:18:33,363 --> 00:18:34,363
Yes.
270
00:18:34,448 --> 00:18:35,868
No further questions, Your Honor.
271
00:18:38,785 --> 00:18:41,205
- Your Honor, we'd like to recross.
- Go ahead.
272
00:18:43,123 --> 00:18:47,713
Detective, when Mr. Logiudice
asked if you had cleared Leonard Patz,
273
00:18:47,794 --> 00:18:50,134
were you certain of his innocence?
274
00:18:50,214 --> 00:18:51,844
Certain? No.
275
00:18:51,924 --> 00:18:56,054
Did you agree with Mr. Barber's
decision to investigate Leonard Patz?
276
00:18:56,512 --> 00:18:58,222
Yes. Absolutely.
277
00:18:58,305 --> 00:19:01,555
What about other decisions
Andy Barber made?
278
00:19:01,642 --> 00:19:02,852
Any concerns at all?
279
00:19:03,393 --> 00:19:04,813
None I can think of.
280
00:19:05,646 --> 00:19:06,856
He's the best they got.
281
00:19:08,106 --> 00:19:10,066
The best they used to have, anyway.
282
00:19:11,568 --> 00:19:14,108
Thank you, Detective. No further questions.
283
00:19:15,072 --> 00:19:17,742
Commonwealth, you prepared
to call your next witness?
284
00:19:19,910 --> 00:19:21,250
Uh, yes, Your Honor.
285
00:19:24,039 --> 00:19:26,789
The beam refracts through each slit
286
00:19:26,875 --> 00:19:29,435
and makes a pattern of light
and dark stripes on the other side.
287
00:19:29,461 --> 00:19:33,801
Why? Because light isn't
made of particles, but...
288
00:19:33,882 --> 00:19:35,012
- Waves?
- Exactly.
289
00:19:35,092 --> 00:19:37,682
And it is the intersection of the
waves that make the patterns.
290
00:19:38,262 --> 00:19:41,222
So these physicists decide that
they're gonna solve what's going on
291
00:19:41,306 --> 00:19:44,766
by installing a device
that allows them to see
292
00:19:44,852 --> 00:19:48,692
exactly which slit each
electron is passing through.
293
00:19:48,772 --> 00:19:51,572
Only the moment that
they try to observe it,
294
00:19:51,650 --> 00:19:56,150
the electrons stop behaving like
waves and behave like particles again.
295
00:19:56,238 --> 00:19:57,988
What? That's impossible.
296
00:19:58,073 --> 00:20:00,283
- Google it.
- I'll be right back.
297
00:20:00,367 --> 00:20:02,428
I tell my wife it's exactly
like me and the Celtics.
298
00:20:02,452 --> 00:20:04,542
The moment I turn on the game, they lose.
299
00:20:05,539 --> 00:20:07,579
What the hell did I say about calling here?
300
00:20:08,208 --> 00:20:10,128
I just want to know how it's going.
301
00:20:10,210 --> 00:20:11,300
What?
302
00:20:11,795 --> 00:20:13,505
What do you mean, "What"? The trial.
303
00:20:13,589 --> 00:20:15,839
He's my grandson. I got a right to know.
304
00:20:15,924 --> 00:20:17,264
Listen to me very carefully.
305
00:20:17,342 --> 00:20:20,262
You don't have a right to shit. Okay?
306
00:20:20,345 --> 00:20:23,715
Maybe I got a right to call one of these
reporters that keeps trying me, huh?
307
00:20:24,099 --> 00:20:25,099
Do whatever you want.
308
00:20:25,184 --> 00:20:27,120
Come on. I just wanna
know what are you thinking.
309
00:20:27,144 --> 00:20:28,814
I mean, what's your strategy?
310
00:20:28,896 --> 00:20:32,186
I'm watching it all day on the news
here. I think the kid's got a chance.
311
00:20:32,900 --> 00:20:34,780
But, you know, you
gotta be smart about this.
312
00:20:34,860 --> 00:20:38,200
Oh, yeah? I didn't know they
gave out law degrees in prison.
313
00:20:38,780 --> 00:20:42,120
That's funny. You think
prison's a fucking joke?
314
00:20:43,327 --> 00:20:44,537
Let me tell you something.
315
00:20:44,620 --> 00:20:47,870
This is sure as hell no
place for a kid like Jacob.
316
00:20:49,917 --> 00:20:51,787
Now one of the, uh, witnesses today,
317
00:20:51,877 --> 00:20:53,247
this cop who was on the stand,
318
00:20:54,129 --> 00:20:55,919
he mentioned this guy Patz.
319
00:20:56,006 --> 00:20:57,336
What about him?
320
00:20:57,758 --> 00:20:59,298
Well, you think he did it?
321
00:21:01,512 --> 00:21:03,602
- Do you?
- Yeah.
322
00:21:05,098 --> 00:21:06,178
Are you sure?
323
00:21:06,725 --> 00:21:07,805
Look, I gotta go.
324
00:21:07,893 --> 00:21:09,903
Guy's a child molester, right?
325
00:21:11,313 --> 00:21:12,523
Sort of.
326
00:21:12,898 --> 00:21:15,438
How... How the fuck are
you "sort of" a child molester?
327
00:21:15,901 --> 00:21:19,071
Same way you were a murderer
before you actually murdered someone.
328
00:21:19,154 --> 00:21:20,864
Why you gotta make it about me? Huh?
329
00:21:20,948 --> 00:21:23,328
Why don't you fucking quit
worrying about what I am
330
00:21:23,408 --> 00:21:25,738
and start worrying about my grandson?
331
00:21:26,119 --> 00:21:27,249
Don't call here again.
332
00:21:27,329 --> 00:21:29,749
I mean it. You keep him out of this place!
333
00:21:29,831 --> 00:21:31,121
You hear me?
334
00:21:31,208 --> 00:21:33,208
I spent my whole
fucking life in this shithole.
335
00:21:33,293 --> 00:21:35,843
I'm not gonna stand by
while my grandson's life...
336
00:21:36,880 --> 00:21:38,050
You mother...
337
00:21:38,131 --> 00:21:39,681
You fucked up, cocksucker.
338
00:21:54,106 --> 00:21:56,066
- Did Joanna leave?
- Yeah.
339
00:21:56,775 --> 00:21:58,275
Who was that?
340
00:21:58,360 --> 00:22:02,110
Oh, it was, uh... credit card
company, just confirming some charges.
341
00:22:04,825 --> 00:22:07,695
Joanna seemed... optimistic.
342
00:22:08,537 --> 00:22:11,157
You know, I'm starting
to think she should be.
343
00:22:17,504 --> 00:22:19,732
So weird, 'cause there
were just all these people there.
344
00:22:19,756 --> 00:22:21,276
I don't even know why,
because it was so cold outside.
345
00:22:21,300 --> 00:22:23,090
- Hey.
- Hold on one second.
346
00:22:23,177 --> 00:22:24,717
I'm just hanging these on your door.
347
00:22:25,179 --> 00:22:26,219
Okay. Thanks.
348
00:22:26,889 --> 00:22:27,969
Who are you talking to?
349
00:22:28,557 --> 00:22:29,557
Sarah.
350
00:22:30,100 --> 00:22:32,190
Oh. Okay.
351
00:22:33,020 --> 00:22:34,610
- Tell her I said hi.
- Okay.
352
00:22:36,190 --> 00:22:37,417
Sorry about that.
353
00:22:37,441 --> 00:22:40,151
So anyway, um, this lady
comes in with her kids, right?
354
00:22:40,235 --> 00:22:42,735
And they're just so loud and obnoxious.
355
00:22:42,821 --> 00:22:45,871
And I was like, "Oh, my
gosh. Shut up already." But...
356
00:22:53,123 --> 00:22:55,268
You've been with
the state's crime lab how long?
357
00:22:55,292 --> 00:22:57,422
Eleven years, almost 12.
358
00:22:58,212 --> 00:23:02,382
Ms. Carlson, could you describe the
blood evidence at the point of attack?
359
00:23:02,466 --> 00:23:05,756
There were a few small spatters
less than an inch in diameter.
360
00:23:05,844 --> 00:23:07,489
Yesterday, we heard defense contend
361
00:23:07,513 --> 00:23:10,643
that there should have been
blood on the clothing of an attacker
362
00:23:10,724 --> 00:23:12,524
in a stabbing like this.
363
00:23:12,601 --> 00:23:14,391
- Do you have an opinion on that?
- Yes.
364
00:23:14,478 --> 00:23:18,898
That's not necessarily true, since
no spatter seemed cast off with force.
365
00:23:18,982 --> 00:23:22,692
It's also possible the assailant stood
behind the victim when he stabbed him,
366
00:23:22,778 --> 00:23:26,318
which would have meant he was out
of the trajectory of any spray or spatter.
367
00:23:26,865 --> 00:23:28,945
What can you tell
us about the murder weapon?
368
00:23:29,034 --> 00:23:33,914
We were looking for a knife with a
four-to six-inch blade and a serrated edge.
369
00:23:34,665 --> 00:23:35,745
I see.
370
00:23:36,959 --> 00:23:39,839
So, a knife like this one?
371
00:23:39,920 --> 00:23:41,960
Objection.
372
00:23:42,047 --> 00:23:43,441
Commonwealth moves
to enter into evidence...
373
00:23:43,465 --> 00:23:44,675
Objection!
374
00:23:45,175 --> 00:23:47,635
Your Honor, the jury
will soon hear testimony
375
00:23:47,719 --> 00:23:49,259
from the defendant's best friend
376
00:23:49,346 --> 00:23:52,426
that the defendant owned
a knife exactly like this one:
377
00:23:52,516 --> 00:23:53,726
A Schnell Tactical.
378
00:23:53,809 --> 00:23:55,939
Your Honor, this is a cheap stunt.
379
00:23:56,019 --> 00:23:59,819
The Commonwealth has yet to
link any such knife to the defendant,
380
00:23:59,898 --> 00:24:03,738
and to wave it around in here now
is irresponsible. It's inflammatory.
381
00:24:03,819 --> 00:24:07,199
Agreed. Objection sustained.
Put away the knife, Mr. Logiudice.
382
00:24:08,365 --> 00:24:10,405
In that case, no more
questions, Your Honor.
383
00:24:11,201 --> 00:24:12,201
Cross.
384
00:24:12,286 --> 00:24:13,656
Absolutely, Your Honor.
385
00:24:14,371 --> 00:24:17,371
Ms. Carlson, we were
just on the subject of blood.
386
00:24:17,457 --> 00:24:20,587
Was there any blood evidence
recovered from the defendant?
387
00:24:20,669 --> 00:24:21,749
No.
388
00:24:21,837 --> 00:24:23,757
Genetic evidence?
389
00:24:23,839 --> 00:24:26,759
DNA? Hairs? Fibers?
390
00:24:26,842 --> 00:24:28,472
No, just the fingerprint.
391
00:24:28,969 --> 00:24:31,509
- May I propose a hypothetical?
- Okay.
392
00:24:31,597 --> 00:24:36,517
Let's suppose the defendant, Jacob,
was walking on his way to school...
393
00:24:37,519 --> 00:24:40,609
and came across the
victim lying on the ground.
394
00:24:41,440 --> 00:24:48,160
And suppose Jacob lifted the victim
by the collar to see if he was okay.
395
00:24:48,238 --> 00:24:52,408
Might that create a fingerprint
consistent with the one you found?
396
00:24:52,910 --> 00:24:54,490
Yes, that is possible.
397
00:24:55,037 --> 00:24:58,867
Now the knife that the Commonwealth
attempted to enter into evidence,
398
00:24:58,957 --> 00:25:00,417
had you ever seen it before?
399
00:25:00,501 --> 00:25:01,921
Objection. Relevance.
400
00:25:02,002 --> 00:25:05,382
Overruled. You opened the door, counselor.
401
00:25:06,340 --> 00:25:08,630
Yes. The DA's
office asked me to determine
402
00:25:08,717 --> 00:25:12,637
if that particular model of knife was
consistent with the victim's wounds.
403
00:25:12,721 --> 00:25:16,771
Ah. And I assume they gave you
other models to compare as well?
404
00:25:16,850 --> 00:25:18,100
No.
405
00:25:18,185 --> 00:25:19,225
No?
406
00:25:20,896 --> 00:25:23,016
Did they at least ask you to determine
407
00:25:23,106 --> 00:25:26,066
how many other knives might
have made those wounds?
408
00:25:26,652 --> 00:25:27,692
No.
409
00:25:27,778 --> 00:25:29,238
Well, how many would you think?
410
00:25:30,572 --> 00:25:34,162
I... I don't know. That...
That would be speculating.
411
00:25:34,243 --> 00:25:35,373
A thousand?
412
00:25:35,827 --> 00:25:36,827
Uh...
413
00:25:37,538 --> 00:25:38,748
A large number.
414
00:25:38,830 --> 00:25:41,120
Seven hundred? Five hundred?
415
00:25:42,918 --> 00:25:45,248
Somewhere... Somewhere in that range.
416
00:25:45,629 --> 00:25:50,339
In other words, the chances
of it being the actual knife
417
00:25:50,425 --> 00:25:52,085
are one in 500. Correct?
418
00:25:52,177 --> 00:25:54,217
Objection. Calls for speculation.
419
00:25:54,304 --> 00:25:55,434
Sustained.
420
00:25:59,351 --> 00:26:01,021
No further questions, Your Honor.
421
00:26:02,187 --> 00:26:03,767
This is all going to shit.
422
00:26:03,856 --> 00:26:06,226
He's gonna walk. Can't you see that?
423
00:26:06,316 --> 00:26:07,916
He's gonna get away with killing our son
424
00:26:07,943 --> 00:26:10,783
because of that asshole
and his goddamn theatrics.
425
00:26:10,863 --> 00:26:12,453
Please, I can't take this.
426
00:26:12,531 --> 00:26:14,241
Yeah, well, I can't take it either.
427
00:26:14,324 --> 00:26:16,494
Dan. Dan.
428
00:26:32,009 --> 00:26:34,849
How he didn't know that that
stunt would backfire is beyond me.
429
00:26:34,928 --> 00:26:36,048
Because he's reckless.
430
00:26:36,763 --> 00:26:38,283
- You doing all right?
- Yeah.
431
00:26:40,559 --> 00:26:41,809
One of them smiled.
432
00:26:42,853 --> 00:26:45,813
One of the jurors, the guy with the goatee.
433
00:26:45,898 --> 00:26:47,398
He smiled? Really?
434
00:26:47,482 --> 00:26:51,032
Yeah, when she admitted it was
a one in 500 chance, he smiled.
435
00:26:54,489 --> 00:26:56,449
Something wrong?
436
00:26:57,159 --> 00:26:58,739
No. No, it's nothing.
437
00:26:59,453 --> 00:27:00,663
We'll talk later.
438
00:27:02,331 --> 00:27:05,961
You and Mr. Barber have worked
together on many cases. Is that right?
439
00:27:06,376 --> 00:27:07,376
We go back, yes.
440
00:27:07,878 --> 00:27:10,668
Would you describe him as
diligent when it came to his work?
441
00:27:11,048 --> 00:27:12,728
More than that. He was relentless.
442
00:27:12,758 --> 00:27:14,638
Was that relentlessness on display
443
00:27:14,718 --> 00:27:17,198
when you were attempting to
cut through the school's red tape?
444
00:27:17,596 --> 00:27:19,436
He didn't feel the
classmates were a priority.
445
00:27:19,515 --> 00:27:21,475
We'd already interviewed
Ben's close friends.
446
00:27:21,558 --> 00:27:24,388
Once you did interview
the students, finally,
447
00:27:24,478 --> 00:27:27,108
was there anything useful
that came out of that?
448
00:27:27,189 --> 00:27:28,899
After the initial meetings, nothing much.
449
00:27:28,982 --> 00:27:31,112
But with some follow-up,
we came to learn that
450
00:27:31,193 --> 00:27:33,546
there was an ongoing beef
between the victim and the defendant.
451
00:27:33,570 --> 00:27:36,160
Meaning Ben had been
bullying the defendant.
452
00:27:36,573 --> 00:27:37,743
For some time, yes.
453
00:27:37,824 --> 00:27:41,294
Was this around the time that you
started to view the defendant as a suspect?
454
00:27:42,162 --> 00:27:43,162
It was.
455
00:27:43,247 --> 00:27:45,747
Even as his father was still
running the investigation?
456
00:27:47,459 --> 00:27:49,959
Certain aspects of the
investigation had to be carried out
457
00:27:50,045 --> 00:27:51,835
without Mr. Barber's knowledge.
458
00:27:53,298 --> 00:27:54,418
What did that reveal?
459
00:27:57,261 --> 00:28:00,641
That the defendant supposedly had
a knife consistent with the wounds,
460
00:28:00,722 --> 00:28:02,562
that he had sufficient motive,
461
00:28:02,641 --> 00:28:05,521
and he had opportunity, in that his
movements the morning of the attack
462
00:28:05,602 --> 00:28:07,442
placed him near or at the scene.
463
00:28:07,521 --> 00:28:09,021
Did you arrest him at this time?
464
00:28:09,106 --> 00:28:10,646
Not until the fingerprint came back.
465
00:28:10,732 --> 00:28:12,627
We then obtained a warrant
and searched the house,
466
00:28:12,651 --> 00:28:14,861
trying to find the knife, which we did not.
467
00:28:15,821 --> 00:28:17,571
Did you seize the defendant's computer?
468
00:28:17,656 --> 00:28:20,026
We did, but we found
nothing directly incriminating.
469
00:28:20,117 --> 00:28:23,447
Detective, are you aware of a
program called Disk Scraper?
470
00:28:23,537 --> 00:28:27,167
I am. It's a program that wipes hard
drives, deletes files, that kind of thing.
471
00:28:27,249 --> 00:28:30,249
Was that program on the defendant's laptop?
472
00:28:31,086 --> 00:28:32,086
It was.
473
00:28:33,213 --> 00:28:37,053
Is it possible that there was
incriminating evidence on the laptop,
474
00:28:37,134 --> 00:28:38,574
and it was removed by the defendant?
475
00:28:38,635 --> 00:28:40,795
Objection. Calls for speculation.
476
00:28:40,888 --> 00:28:41,888
Sustained.
477
00:28:42,931 --> 00:28:44,181
What about pornography?
478
00:28:44,266 --> 00:28:46,136
- Objection. Relevance.
- Sustained.
479
00:28:46,226 --> 00:28:47,896
Let me be more specific.
480
00:28:48,520 --> 00:28:52,650
Did you find any violent
pornography on the defendant's laptop?
481
00:28:54,151 --> 00:28:56,071
I think all pornography is violent.
482
00:28:56,153 --> 00:28:57,203
Of course.
483
00:28:57,863 --> 00:29:01,373
I mean, specifically, images
glorifying abuse or torture.
484
00:29:01,450 --> 00:29:03,040
Objection. Relevance.
485
00:29:04,494 --> 00:29:06,464
Overruled. The witness will answer.
486
00:29:08,790 --> 00:29:09,920
Some, yeah.
487
00:29:15,214 --> 00:29:16,334
No further questions.
488
00:29:19,176 --> 00:29:22,886
Detective, I assume you have
executed countless search warrants
489
00:29:22,971 --> 00:29:25,061
- in your career, yes?
- Sure.
490
00:29:25,140 --> 00:29:26,560
Seized a lot of laptops.
491
00:29:26,642 --> 00:29:27,732
Yes.
492
00:29:27,809 --> 00:29:31,309
Have you ever found one that
didn't have some pornography on it?
493
00:29:33,232 --> 00:29:34,322
I don't think so.
494
00:29:34,399 --> 00:29:36,939
Detective, is it true
that you were the first
495
00:29:37,027 --> 00:29:39,447
to identify Leonard Patz
as a person of interest,
496
00:29:39,530 --> 00:29:41,280
and not Mr. Barber?
497
00:29:41,907 --> 00:29:43,697
Yes. I brought Patz to Andy's attention,
498
00:29:43,784 --> 00:29:46,254
and we agreed that he was
someone we should be looking at.
499
00:29:46,912 --> 00:29:48,252
One last question.
500
00:29:49,790 --> 00:29:52,420
At any point in the investigation,
501
00:29:52,501 --> 00:29:58,341
did Andy Barber behave in any way to
suggest that he suspected his own son?
502
00:29:58,841 --> 00:30:00,631
No, not in the slightest.
503
00:30:01,760 --> 00:30:03,970
No further questions, Your Honor.
504
00:30:04,054 --> 00:30:05,934
Mr. Logiudice, redirect?
505
00:30:14,481 --> 00:30:15,571
Detective...
506
00:30:18,777 --> 00:30:22,107
have you ever known
Mr. Barber to be violent?
507
00:30:24,408 --> 00:30:26,158
- No.
- Are you sure?
508
00:30:27,619 --> 00:30:31,079
Never seen him grab somebody
by the jacket? Push them into a wall?
509
00:30:31,164 --> 00:30:32,714
Objection. Relevance.
510
00:30:34,168 --> 00:30:35,338
Overruled.
511
00:30:39,715 --> 00:30:41,375
Once. You.
512
00:30:41,758 --> 00:30:44,718
After your provoked him with that
crack about his father doing time for...
513
00:30:46,054 --> 00:30:47,264
Doing time for murder?
514
00:30:47,347 --> 00:30:49,557
- Objection! Your Honor!
- Sustained.
515
00:30:49,641 --> 00:30:51,481
I'll see counsel at sidebar, right now.
516
00:30:56,732 --> 00:30:59,742
I'm appalled at what I just saw.
We went over this in pretrial.
517
00:30:59,818 --> 00:31:02,528
Your Honor, it was the defense
counsel who first raised the issue
518
00:31:02,613 --> 00:31:05,703
of whether the defendant's father
had reason to suspect his own son.
519
00:31:05,782 --> 00:31:07,702
I am simply trying to make that argument.
520
00:31:07,784 --> 00:31:09,544
You have got to be kidding me.
521
00:31:09,620 --> 00:31:12,250
Your Honor, the defense
moves for a mistrial.
522
00:31:12,331 --> 00:31:14,142
- Oh, come on.
- He was given specific instructions.
523
00:31:14,166 --> 00:31:18,836
You are on extraordinarily thin ice,
Mr. Logiudice, you understand me?
524
00:31:18,921 --> 00:31:21,921
Now you wrap it up with
this witness right now.
525
00:31:22,007 --> 00:31:25,587
And if I hear even a whisper about the
defendant's grandfather going forward,
526
00:31:25,677 --> 00:31:27,717
Ms. Klein will get her
mistrial. Am I clear?
527
00:31:27,804 --> 00:31:30,314
Yes, Your Honor.
528
00:31:41,735 --> 00:31:43,025
Ladies and gentlemen,
529
00:31:43,820 --> 00:31:48,330
there's a saying in the law,
"You cannot unring the bell"...
530
00:31:49,660 --> 00:31:54,500
but I am going to insist that you do
just that with regard to the last question.
531
00:31:57,084 --> 00:31:58,924
That must have
been torture for you...
532
00:32:00,087 --> 00:32:01,587
sitting on the sidelines.
533
00:32:02,464 --> 00:32:03,764
I had no choice.
534
00:32:05,425 --> 00:32:07,045
So you trusted Ms. Klein?
535
00:32:07,845 --> 00:32:08,965
I did.
536
00:32:10,055 --> 00:32:13,725
On day four of the trial, the
Commonwealth called its final witness:
537
00:32:14,560 --> 00:32:15,770
Derek Yoo.
538
00:32:16,854 --> 00:32:22,614
Did you feel that Ms. Klein adequately
prepared for Derek Yoo's testimony?
539
00:32:23,527 --> 00:32:25,027
Yeah, as best she could.
540
00:32:25,445 --> 00:32:27,815
She intended
to destroy his credibility?
541
00:32:28,282 --> 00:32:31,372
He had a plausible
motive. The jury had a right to know.
542
00:32:31,869 --> 00:32:33,409
What about you and Laurie?
543
00:32:35,622 --> 00:32:37,042
What about us?
544
00:32:38,333 --> 00:32:39,673
Were you prepared?
545
00:33:05,402 --> 00:33:06,532
We've got a problem.
546
00:33:06,987 --> 00:33:09,157
Matt McGrath. I can't find him.
547
00:33:09,239 --> 00:33:10,319
What?
548
00:33:10,407 --> 00:33:12,327
Ellen's been trying
to call his cell all week,
549
00:33:12,409 --> 00:33:14,729
and she finally got in touch
with his mother this morning.
550
00:33:14,786 --> 00:33:19,076
And she said that she and Matt had a
fight three days ago, and that he took off.
551
00:33:19,166 --> 00:33:21,746
And his girlfriend just
posted online from Florida,
552
00:33:21,835 --> 00:33:23,835
and the mom thinks that
he's down there with her.
553
00:33:23,921 --> 00:33:26,316
What are we supposed to do? He's
supposed to take the stand tomorrow.
554
00:33:26,340 --> 00:33:29,800
Don't worry. We're gonna
think of something. Okay.
555
00:34:26,733 --> 00:34:28,323
Court, all rise!
556
00:34:35,534 --> 00:34:39,914
I was like, "That's the same way you
go to school. Did you see anything?"
557
00:34:40,539 --> 00:34:42,039
And Jake said no.
558
00:34:42,875 --> 00:34:47,835
Nothing about seeing Ben on
the ground or trying to help him?
559
00:34:47,920 --> 00:34:50,630
No. Uh, and then he made a joke.
560
00:34:51,717 --> 00:34:55,257
Something like, "Couldn't
happen to a nicer guy."
561
00:34:59,558 --> 00:35:03,438
And this is within a few hours
after learning about Ben's murder?
562
00:35:03,979 --> 00:35:07,569
I guess, yeah. We were at
Jake's house, playing video games.
563
00:35:09,401 --> 00:35:12,401
When you said that Ben
used to pick on Jacob,
564
00:35:13,197 --> 00:35:14,487
what did you mean by that?
565
00:35:16,783 --> 00:35:20,583
Ben always kinda had it in for
Jake. He was always calling him "fag."
566
00:35:21,163 --> 00:35:22,373
Like a nickname.
567
00:35:23,123 --> 00:35:27,793
Like he'd ask Jake questions about
different sex things gay people do,
568
00:35:27,878 --> 00:35:29,918
but in front of everyone, to embarrass him.
569
00:35:30,005 --> 00:35:32,665
Or he'd fake a punch at Jake
if he passed him in the hall.
570
00:35:32,758 --> 00:35:33,878
Stuff like that.
571
00:35:33,967 --> 00:35:36,757
And all of this bullying, it upset Jacob.
572
00:35:37,429 --> 00:35:39,389
- Yeah, of course.
- Did it make him angry?
573
00:35:41,141 --> 00:35:42,731
Not so much in front of Ben, but...
574
00:35:44,102 --> 00:35:46,812
privately, he'd go off on how
much he hated Ben's guts.
575
00:35:46,897 --> 00:35:52,527
Which I got. I mean, Ben would
be a jerk to me too sometimes.
576
00:35:53,987 --> 00:35:56,237
At what point after Ben's murder
577
00:35:56,907 --> 00:35:59,197
did you begin to consider
your friend Jacob's role in it?
578
00:35:59,284 --> 00:36:00,704
Objection. Leading the witness.
579
00:36:02,079 --> 00:36:03,209
Overruled.
580
00:36:06,124 --> 00:36:08,044
You can go ahead and answer, young man.
581
00:36:08,752 --> 00:36:10,052
I guess it was three days later.
582
00:36:10,629 --> 00:36:14,879
Was there anything other than his
temper that began to make you suspicious?
583
00:36:14,967 --> 00:36:16,467
Well, yeah. The knife.
584
00:36:16,844 --> 00:36:19,724
Jake had this scary combat
knife he'd bought in town.
585
00:36:19,805 --> 00:36:22,975
- He used to bring it to school sometimes.
- To show it off, or... or what?
586
00:36:23,058 --> 00:36:26,348
Not really. I mean, he showed
it to me and our friend Dylan...
587
00:36:27,604 --> 00:36:30,074
but it was more like he
liked having it on him,
588
00:36:30,148 --> 00:36:31,358
walking around with it.
589
00:36:31,441 --> 00:36:34,571
Like... it was this secret thing he had.
590
00:36:35,028 --> 00:36:38,408
I see. So the bullying and the knife...
591
00:36:39,491 --> 00:36:41,371
But you knew about these things,
592
00:36:41,910 --> 00:36:44,540
and still, you didn't
suspect Jacob immediately?
593
00:36:46,081 --> 00:36:49,041
I don't know. Maybe
part of me did, a little.
594
00:36:50,294 --> 00:36:52,254
But it wasn't until I read
what he wrote online.
595
00:36:52,629 --> 00:36:53,799
Online?
596
00:36:53,881 --> 00:36:57,091
This messed up
site Jake was into called The Cut Up Room.
597
00:36:57,176 --> 00:37:00,006
By "messed up," I'm assuming
you mean pornographic.
598
00:37:00,095 --> 00:37:03,885
Yeah, but, it's not really
so much about sex.
599
00:37:03,974 --> 00:37:07,354
More violence. Like, really graphic stuff.
600
00:37:07,436 --> 00:37:09,186
Are there stories on this site?
601
00:37:10,147 --> 00:37:14,937
Yeah, people post all kinds
of stuff. Photos, videos, stories.
602
00:37:15,027 --> 00:37:17,607
And do you know if
Jacob posted any stories?
603
00:37:19,239 --> 00:37:20,819
He did, yeah.
604
00:37:20,908 --> 00:37:22,738
He called them Job stories.
605
00:37:23,869 --> 00:37:25,079
Job stories?
606
00:37:25,162 --> 00:37:28,672
Yeah, you know, like his initials. J-O-B?
607
00:37:29,791 --> 00:37:31,461
That was his screen name on there.
608
00:37:32,586 --> 00:37:33,796
What do you know about this?
609
00:37:33,879 --> 00:37:35,339
Not enough. You got to shut it down.
610
00:37:35,422 --> 00:37:38,842
And did Job post a story
about the murder of Ben Rifkin?
611
00:37:39,426 --> 00:37:40,466
Yes.
612
00:37:44,139 --> 00:37:46,139
Commonwealth
moves to enter into evidence...
613
00:37:46,183 --> 00:37:47,393
Objection.
614
00:37:47,476 --> 00:37:48,726
Your Honor, may we approach?
615
00:37:48,810 --> 00:37:50,850
Settle down, please.
616
00:37:52,648 --> 00:37:55,148
Respectfully, Your
Honor, we ask to approach.
617
00:37:59,446 --> 00:38:03,026
Your Honor, this is an ambush.
None of this was disclosed in discovery.
618
00:38:03,116 --> 00:38:05,236
Your Honor, this story was
authored by the defendant.
619
00:38:05,285 --> 00:38:08,525
If he chose to hide it from his attorney,
that's hardly the Commonwealth's fault.
620
00:38:08,747 --> 00:38:10,077
What's this about, Jacob?
621
00:38:10,916 --> 00:38:12,036
Jacob?
622
00:38:34,523 --> 00:38:36,733
Your Honor, I need
to confer with my client.
623
00:38:36,817 --> 00:38:38,437
All right, go ahead.
624
00:38:42,406 --> 00:38:43,906
I'm gonna ask your patience
625
00:38:43,991 --> 00:38:47,581
while I allow defense counselor
a moment to confer with her client.
626
00:38:50,497 --> 00:38:54,247
He's going to allow it unless our position
is that Jacob didn't write the story.
627
00:38:54,710 --> 00:38:56,938
- Then that's our plan...
- They know that he wrote it, Andy.
628
00:38:56,962 --> 00:38:58,462
They've got an IP address.
629
00:39:00,465 --> 00:39:01,795
Jacob.
630
00:39:07,139 --> 00:39:10,849
If we push back now, we're only
going to shine a brighter light on it.
631
00:39:11,310 --> 00:39:12,310
How bad is it?
632
00:39:20,360 --> 00:39:24,200
"Jason stood there on the path as
Brent kept walking toward him, grinning."
633
00:39:24,615 --> 00:39:27,655
If Brent knew the real Jason, he
would have been scared shitless.
634
00:39:27,743 --> 00:39:30,663
'Don't fuck with me, ' Jason
warned him. 'I mean it.'
635
00:39:31,246 --> 00:39:33,666
But Brent just laughed
and grabbed him by the arm,
636
00:39:33,749 --> 00:39:36,249
twisting it back like he'd
done so many times before.
637
00:39:36,877 --> 00:39:40,457
'Stop. You're hurting me, ' Jason
said. But it didn't hurt that much.
638
00:39:41,006 --> 00:39:43,966
He just wanted Brent to
think that, so he would let go.
639
00:39:44,593 --> 00:39:48,183
Brent laughed again, the way
he always did, a fake laugh.
640
00:39:48,972 --> 00:39:51,562
Jason's hand slipped
into his sweatshirt pocket.
641
00:39:52,142 --> 00:39:54,392
There it was, his trusted friend.
642
00:39:54,978 --> 00:39:58,478
He curled his fingers around the grip
and felt a surge of power through his arm,
643
00:39:58,565 --> 00:39:59,855
up into his shoulder.
644
00:39:59,942 --> 00:40:01,992
He knew there was no turning back now.
645
00:40:02,069 --> 00:40:03,699
The park seemed to know it too.
646
00:40:03,779 --> 00:40:06,449
He could hear the breeze in
the leaves and birds chirping.
647
00:40:06,907 --> 00:40:10,147
Brent saw the knife coming for him, but
it was too late to do anything but stare.
648
00:40:10,744 --> 00:40:15,174
It slipped in so easily Jason thought
he was stabbing air. That surprised him.
649
00:40:15,249 --> 00:40:18,629
He did it twice more, telling his
brain to remember the feeling for later.
650
00:40:22,047 --> 00:40:24,007
Brent fell backward and
rolled down the slope,
651
00:40:24,091 --> 00:40:26,051
until he stopped down below.
652
00:40:26,134 --> 00:40:28,644
Jason knew he should go,
but he couldn't help himself.
653
00:40:28,720 --> 00:40:31,220
He went down to Brent's
body to make sure he was dead.
654
00:40:31,306 --> 00:40:33,846
The smell of blood in the
air made him feel dizzy.
655
00:40:33,934 --> 00:40:37,444
He found a small stream nearby and
washed the knife off, and his hand too.
656
00:40:37,521 --> 00:40:41,441
He could see his reflection in the water,
but his face looked different to him now.
657
00:40:41,525 --> 00:40:43,985
'It'll be our secret, ' it seemed to say.
658
00:40:47,739 --> 00:40:48,909
"The End."
659
00:40:54,204 --> 00:41:00,134
This story was posted three
days after Ben Rifkin's body was found?
660
00:41:01,670 --> 00:41:02,670
Yeah.
661
00:41:06,717 --> 00:41:08,597
No further
questions, Your Honor.
662
00:41:10,387 --> 00:41:11,656
Ms. Klein?
663
00:41:22,900 --> 00:41:23,900
No.
664
00:41:24,818 --> 00:41:25,938
No, we weren't prepared.
665
00:41:27,237 --> 00:41:30,657
A surprising turn of events sent shock
waves through the courtroom today
666
00:41:30,741 --> 00:41:33,621
as testimony from one of
Jacob Barber's classmates
667
00:41:33,702 --> 00:41:37,712
provided the prosecution with
some extremely damaging evidence.
668
00:41:37,789 --> 00:41:41,959
The reaction from the jurors
was palpable, to say the least.
669
00:42:20,999 --> 00:42:22,499
It was just a story.
670
00:42:32,052 --> 00:42:34,142
I didn't know it would be a big deal.
671
00:42:40,394 --> 00:42:41,404
Did you do it?
672
00:42:44,565 --> 00:42:46,225
Just tell me. Did you kill him?
673
00:42:56,910 --> 00:42:57,950
No.
674
00:43:04,960 --> 00:43:05,960
No.
675
00:43:25,814 --> 00:43:29,114
I could ask the judge to issue a
bench warrant for Matt McGrath.
676
00:43:29,735 --> 00:43:33,105
He won't. Not for some secondary
witness holed up in Florida.
677
00:43:34,323 --> 00:43:36,583
We don't have a choice.
We gotta go straight at Patz.
678
00:43:36,658 --> 00:43:38,303
Yeah, his subpoena was served this morning.
679
00:43:38,327 --> 00:43:41,247
I'll call him as a hostile witness
and see what we can get out of him.
680
00:43:41,330 --> 00:43:45,080
We gotta run every play we have.
Not just on the Patz front, Derek too.
681
00:43:45,959 --> 00:43:47,999
You don't think we covered Derek on cross?
682
00:43:49,671 --> 00:43:51,221
You did your best.
683
00:43:51,924 --> 00:43:53,134
You were distracted.
684
00:43:54,426 --> 00:43:55,676
Everyone was.
685
00:43:59,264 --> 00:44:03,814
We need to backstop Patz. I say we
go harder on Derek, subpoena Sarah.
686
00:44:04,520 --> 00:44:05,980
Andy, we discussed this.
687
00:44:06,063 --> 00:44:09,233
That was before. We need Sarah
to hammer home Derek's obsession.
688
00:44:09,316 --> 00:44:11,816
We need to have her
repeat his words on the stand.
689
00:44:11,902 --> 00:44:13,742
Yeah, you're right. That could be powerful.
690
00:44:13,820 --> 00:44:15,160
Show the jury the selfie again.
691
00:44:15,239 --> 00:44:16,239
No.
692
00:44:17,616 --> 00:44:20,616
I don't wanna bring her into
this. It's my trial. I'm saying no.
693
00:44:21,870 --> 00:44:23,870
Sorry, but you don't get
a say in this anymore.
694
00:44:26,792 --> 00:44:28,382
Not after today.
695
00:44:42,266 --> 00:44:44,726
I'll get into
it first thing tomorrow.
696
00:46:01,720 --> 00:46:03,510
You haven't said one word all night.
697
00:46:06,600 --> 00:46:07,600
Did you know?
698
00:46:08,477 --> 00:46:09,597
About the story?
699
00:46:10,479 --> 00:46:11,479
No.
700
00:46:11,563 --> 00:46:12,903
Just tell me the truth.
701
00:46:13,440 --> 00:46:15,730
- I am.
- The truth. I need to know.
702
00:46:16,235 --> 00:46:18,315
Laurie, I swear I'm telling you the truth.
703
00:46:18,987 --> 00:46:20,447
What about the website?
704
00:46:20,531 --> 00:46:21,821
The Cut Up Room?
705
00:46:29,456 --> 00:46:31,226
I only kept it from you
'cause I knew it would...
706
00:46:31,250 --> 00:46:32,790
Don't. Don't.
707
00:46:33,502 --> 00:46:34,382
Don't what?
708
00:46:34,461 --> 00:46:37,631
Explain it away like you do
everything. Excuse it away.
709
00:46:37,714 --> 00:46:39,224
I knew it would set you off.
710
00:46:39,716 --> 00:46:42,403
You were already half convinced that
Jacob was guilty. I didn't want to add...
711
00:46:42,427 --> 00:46:43,467
Not anymore.
712
00:46:52,187 --> 00:46:53,607
What'd you just say?
713
00:46:56,567 --> 00:46:57,567
I don't believe him.
714
00:46:58,652 --> 00:47:00,072
Not after what I heard today.
715
00:47:04,283 --> 00:47:05,802
So you're gonna let
this one thing change...
716
00:47:05,826 --> 00:47:07,326
It's always one thing.
717
00:47:07,995 --> 00:47:09,535
Don't you see?
718
00:47:10,080 --> 00:47:13,750
We're guilty too. If we protect
him, we're as guilty as he is.
719
00:47:13,834 --> 00:47:15,937
All right. Just keep your
voice down. He's right upstairs.
720
00:47:15,961 --> 00:47:18,711
I'm not even saying I know
what to do about it. I don't.
721
00:47:19,464 --> 00:47:21,684
But I know what I heard,
and I know what it means.
722
00:47:21,758 --> 00:47:23,138
Laurie, I'm begging you.
723
00:47:23,218 --> 00:47:26,008
Don't talk yourself into something
'cause of some made-up story.
724
00:47:26,096 --> 00:47:28,266
- It's not a story.
- Yes, it is!
725
00:47:29,308 --> 00:47:30,808
This is a kid that bullied him.
726
00:47:30,893 --> 00:47:33,813
He probably fantasized about
hurting him a thousand times.
727
00:47:33,896 --> 00:47:37,266
So he let his imagination
run wild, and he wrote it down.
728
00:47:38,358 --> 00:47:39,358
Maybe...
729
00:47:40,611 --> 00:47:42,911
Maybe he got some sick thrill imagining it.
730
00:47:42,988 --> 00:47:44,568
And is that horrible? Yes.
731
00:47:44,656 --> 00:47:47,326
It's terrible, and it was
wrong, and it was stupid,
732
00:47:47,409 --> 00:47:48,949
but it was a story.
733
00:47:50,245 --> 00:47:52,155
Joanna vetted every single line from it.
734
00:47:52,247 --> 00:47:55,627
There wasn't one detail that hadn't
already been reported by the news.
735
00:47:55,709 --> 00:47:58,549
- He was fantasizing.
- He was confessing.
736
00:48:00,047 --> 00:48:03,127
To call it anything else is just
lawyer spin, and you know it.
737
00:48:04,760 --> 00:48:06,140
What if you knew?
738
00:48:07,804 --> 00:48:11,894
What if you knew in your heart that
our son did this unforgivable thing?
739
00:48:12,434 --> 00:48:15,604
Took the life of another
child? Would it even matter?
740
00:48:15,687 --> 00:48:17,290
I'd still love him, if
that's what you're asking.
741
00:48:17,314 --> 00:48:19,984
No, it's not. I'd still love him too.
742
00:48:20,067 --> 00:48:21,937
I will always love him, no matter what.
743
00:48:22,611 --> 00:48:24,861
You don't know how badly
I wanted to hold him tonight
744
00:48:24,947 --> 00:48:26,174
and tell him it's all going to be okay.
745
00:48:26,198 --> 00:48:28,028
But I can't play this game anymore,
746
00:48:28,575 --> 00:48:30,929
letting him pretend he didn't
do it, pretending to each other.
747
00:48:30,953 --> 00:48:32,623
He's not pretending. He didn't do this.
748
00:48:32,704 --> 00:48:34,224
- I know he didn't do this.
- No, you don't!
749
00:48:34,248 --> 00:48:35,968
No one can sustain that level of deception.
750
00:48:35,999 --> 00:48:39,039
Of course he could. You of
all people should know that.
751
00:48:49,388 --> 00:48:50,428
Yeah.
752
00:48:51,098 --> 00:48:52,388
Yeah, of course.
753
00:48:54,184 --> 00:48:55,604
He learned it from me.
754
00:49:02,025 --> 00:49:03,775
Maybe he learned it from both of us.
755
00:49:10,492 --> 00:49:11,952
What do you want me to say, Laurie?
756
00:49:13,412 --> 00:49:14,412
You're right.
757
00:49:15,455 --> 00:49:16,745
Our marriage is a lie.
758
00:49:17,833 --> 00:49:21,633
Our whole fucking family is based
on a fairy tale, built on nothing.
759
00:49:23,672 --> 00:49:24,842
And our son's a murderer.
760
00:49:26,508 --> 00:49:27,718
Is that what you want to hear?
761
00:49:28,844 --> 00:49:30,054
No.
762
00:49:33,390 --> 00:49:35,140
But that doesn't mean it isn't true.
763
00:50:53,804 --> 00:50:54,934
Hello.
60614
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