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1
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[NEAL] So you think I'll win?
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Be surprised if you didn't.
This is your first murder, right?
3
00:01:23,083 --> 00:01:24,083
It's that obvious?
4
00:01:24,168 --> 00:01:26,498
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. [CLEARS THROAT]
9
00:01:40,392 --> 00:01:41,562
So, um...
10
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- All right, your opening argument...
- Okay.
11
00:01:45,272 --> 00:01:47,192
You didn't look at him, the defendant.
12
00:01:47,941 --> 00:01:49,191
- I didn't?
- No.
13
00:01:49,276 --> 00:01:50,879
And I'm not talking about a passing glance.
14
00:01:50,903 --> 00:01:52,797
You gotta show the jury that
you can look at a defendant
15
00:01:52,821 --> 00:01:54,821
right in the eye and say, "Guilty."
16
00:01:54,907 --> 00:01:57,510
If you show them that you have
the courage to do that, so will they.
17
00:01:57,534 --> 00:01:59,754
Okay. That's great.
18
00:02:00,162 --> 00:02:01,212
[CHUCKLES]
19
00:02:01,288 --> 00:02:03,118
- What else?
- Uh...
20
00:02:03,207 --> 00:02:05,226
I noticed you kinda stand
far away from the jury box.
21
00:02:05,250 --> 00:02:07,000
You always wanna be closing that space.
22
00:02:07,085 --> 00:02:08,812
Makes the jurors feel
like you're one of them.
23
00:02:08,836 --> 00:02:11,626
Oh. You, uh... you said the
name of the defendant four times.
24
00:02:12,341 --> 00:02:13,341
I shouldn't do that?
25
00:02:13,425 --> 00:02:16,845
As far as you're concerned, he
doesn't have a name. He's the defendant.
26
00:02:16,929 --> 00:02:19,199
His lawyer's gonna be doing
everything he can to humanize him.
27
00:02:19,223 --> 00:02:20,603
Don't make the job any easier.
28
00:02:20,933 --> 00:02:21,933
Another round?
29
00:02:22,017 --> 00:02:24,977
- No, that's okay.
- Yes. Absolutely.
30
00:02:25,854 --> 00:02:27,564
Come on. It's on me.
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00:02:29,608 --> 00:02:31,358
You really think I'm gonna win, huh?
32
00:02:36,615 --> 00:02:38,075
[DOOR OPENS]
33
00:02:44,331 --> 00:02:45,331
[DOOR CLOSES]
34
00:02:50,921 --> 00:02:52,671
[CHATTERING]
35
00:02:53,757 --> 00:02:55,757
Now, Jacob, I know
I've told you this before...
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[CONTINUES, INDISTINCT]
37
00:02:59,721 --> 00:03:01,811
[WHISPERING]
38
00:03:17,197 --> 00:03:18,817
[JOANNA, INDISTINCT]
39
00:03:18,907 --> 00:03:20,027
[INDISTINCT]
40
00:03:39,386 --> 00:03:40,846
[CHATTERING]
41
00:03:52,024 --> 00:03:53,654
Court, all rise.
42
00:03:54,318 --> 00:03:56,068
Hear ye, hear ye, hear ye.
43
00:03:56,153 --> 00:03:59,243
All persons having anything to do
before the Honorable Judge French,
44
00:03:59,323 --> 00:04:01,373
a Justice of the Superior Court,
45
00:04:01,450 --> 00:04:03,178
now sitting within and
for the Commonwealth,
46
00:04:03,202 --> 00:04:05,952
draw near, give your attendance,
and you shall be heard.
47
00:04:06,038 --> 00:04:09,118
God save the Commonwealth of Massachusetts
and this most honorable court.
48
00:04:09,208 --> 00:04:11,038
This court's now open. Please be seated.
49
00:04:14,379 --> 00:04:19,589
Number 08-44-07, Commonwealth
versus Jacob Owen Barber.
50
00:04:19,676 --> 00:04:21,796
A single count of
murder in the first degree.
51
00:04:21,887 --> 00:04:23,557
For the defendant, Joanna Klein.
52
00:04:24,056 --> 00:04:27,426
For the Commonwealth, Assistant
District Attorney Neal Logiudice.
53
00:04:28,352 --> 00:04:31,312
Any preliminary motions
before we begin the voir dire?
54
00:04:31,396 --> 00:04:33,196
[JOANNA] A couple of
things, yes, Your Honor.
55
00:04:33,232 --> 00:04:35,942
First, the defendant's
father, Andrew Barber,
56
00:04:36,026 --> 00:04:40,236
would like to enter an appearance
in the case on the defendant's behalf.
57
00:04:40,322 --> 00:04:43,242
With the court's permission, he's
going to second chair me at trial.
58
00:04:43,325 --> 00:04:45,325
[JUDGE FRENCH] Is this
a wise decision, Ms. Klein?
59
00:04:45,744 --> 00:04:47,794
It is the family's wish, Your Honor.
60
00:04:49,831 --> 00:04:52,331
All right, Mr. Barber, you
can come forward. What else?
61
00:04:52,417 --> 00:04:54,997
[JOANNA] Your Honor, I
have filed a motion in limine
62
00:04:55,087 --> 00:04:58,467
to exclude any mention of the
defendant's grandfather William Barber,
63
00:04:58,549 --> 00:05:01,799
who is currently serving a life
sentence for first-degree murder.
64
00:05:01,885 --> 00:05:06,055
We believe the Commonwealth may try to
introduce this fact to prejudice the jury.
65
00:05:06,139 --> 00:05:07,889
Your Honor, the Commonwealth contends
66
00:05:07,975 --> 00:05:11,055
that the family's history of
violence is of great relevance.
67
00:05:11,603 --> 00:05:13,983
Your Honor, my client
has never once met the...
68
00:05:14,064 --> 00:05:16,114
I get it. I read the motion.
69
00:05:20,320 --> 00:05:22,450
Defendant's objection is noted and tabled.
70
00:05:22,531 --> 00:05:24,161
Should the Commonwealth decide
71
00:05:24,241 --> 00:05:27,081
William Barber's criminal
record is critical to his case,
72
00:05:27,160 --> 00:05:31,000
he will first notify the defense, and
then we'll have a hearing on the matter.
73
00:05:31,081 --> 00:05:33,831
Otherwise, not a word
about this to the jury.
74
00:05:33,917 --> 00:05:35,247
Thank you, Your Honor.
75
00:05:35,794 --> 00:05:37,094
Yes, Your Honor.
76
00:05:37,171 --> 00:05:40,721
[JOANNA] 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.
78
00:05:44,052 --> 00:05:46,572
- [JUDGE FRENCH] Commonwealth?
- We're fine with it, Your Honor.
79
00:05:46,597 --> 00:05:48,767
All right, let's bring in the jury venire.
80
00:05:48,849 --> 00:05:50,729
All rise for the jury.
81
00:05:56,273 --> 00:05:58,983
[CHATTERING]
[ELEVATOR BELL DINGS]
82
00:06:03,363 --> 00:06:05,123
[CHATTERING CONTINUES]
83
00:06:08,035 --> 00:06:10,615
[ANDY] Retired bus driver,
works with kids. That's good.
84
00:06:10,704 --> 00:06:12,584
[JOANNA] Yeah, I liked her. Thanks, Ellen.
85
00:06:15,709 --> 00:06:17,089
They kept staring at me.
86
00:06:17,544 --> 00:06:18,884
Oh, you'll get used to that.
87
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.
88
00:06:24,051 --> 00:06:27,011
Don't give 'em any reason to
not like you. No faces. Okay?
89
00:06:27,387 --> 00:06:29,007
[JOANNA] You're doing great so far.
90
00:06:29,598 --> 00:06:30,718
You all are.
91
00:06:32,643 --> 00:06:36,613
[NEAL] You see, this wasn't just
an average boy, the defendant.
92
00:06:37,523 --> 00:06:40,483
No, something set him apart.
93
00:06:42,402 --> 00:06:43,532
His father.
94
00:06:43,987 --> 00:06:46,867
A father who was the first
assistant district attorney.
95
00:06:46,949 --> 00:06:49,079
Top man, right here in this building.
96
00:06:50,786 --> 00:06:54,076
For years, the defendant watched his father
97
00:06:54,164 --> 00:06:57,464
prosecute every major
murder case in this county.
98
00:06:57,543 --> 00:07:02,973
He listened to dinner conversations.
Overheard phone calls, shop talk.
99
00:07:03,924 --> 00:07:07,224
You might even say that
murder was the family business.
100
00:07:09,221 --> 00:07:12,021
But still, the question remains "Why?"
101
00:07:14,601 --> 00:07:15,891
Why...
102
00:07:16,979 --> 00:07:20,399
would an eighth-grade
boy kill his classmate?
103
00:07:22,317 --> 00:07:25,147
Well, we've all been to school.
104
00:07:26,488 --> 00:07:29,238
We know kids can be mean.
105
00:07:32,911 --> 00:07:35,371
You're gonna hear testimony
that the victim in this case,
106
00:07:35,455 --> 00:07:38,125
Ben Rifkin, teased the defendant.
107
00:07:39,126 --> 00:07:42,296
Nothing shocking, but still, mean.
108
00:07:43,172 --> 00:07:47,222
Ben foolishly mocked this young man,
109
00:07:47,968 --> 00:07:53,268
unaware of his hidden
capacity, even desire, to kill.
110
00:07:53,348 --> 00:07:54,388
Objection.
111
00:07:54,474 --> 00:07:55,524
[JUDGE FRENCH] Sustained.
112
00:07:55,601 --> 00:07:59,561
The jury will disregard the last
remark about the defendant's desire,
113
00:07:59,646 --> 00:08:01,316
which is speculation.
114
00:08:01,398 --> 00:08:04,108
And so, on April 12,
115
00:08:04,193 --> 00:08:07,823
the defendant walked into
the woods of Cold Spring Park
116
00:08:07,905 --> 00:08:12,025
with a knife in his pocket
and an idea in his mind.
117
00:08:13,035 --> 00:08:16,905
Did he ambush the victim, or
were there words exchanged first?
118
00:08:18,207 --> 00:08:21,667
Maybe Ben called him a name.
119
00:08:22,669 --> 00:08:24,339
Or even threatened him.
120
00:08:25,464 --> 00:08:26,724
We don't know.
121
00:08:28,425 --> 00:08:30,085
All we know
122
00:08:30,177 --> 00:08:35,967
is that the defendant punched his
knife three times into Ben Rifkin's chest,
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00:08:36,850 --> 00:08:38,140
killing him.
124
00:08:40,062 --> 00:08:41,692
[SOFTLY] Three...
125
00:08:42,773 --> 00:08:46,533
[NORMAL VOICE] evenly spaced wounds.
126
00:08:49,363 --> 00:08:50,363
One.
127
00:08:52,449 --> 00:08:53,449
Two.
128
00:08:55,494 --> 00:08:56,754
Three.
129
00:08:59,623 --> 00:09:05,423
You see a tragedy as enormous
as this, and it makes you furious.
130
00:09:06,296 --> 00:09:08,586
You want someone to pay.
131
00:09:09,216 --> 00:09:10,966
I do too. I do.
132
00:09:12,219 --> 00:09:13,639
It's only human.
133
00:09:15,222 --> 00:09:19,062
But Jacob Barber is innocent.
134
00:09:20,227 --> 00:09:24,607
And I want to say that again so
that there is no misunderstanding.
135
00:09:25,274 --> 00:09:30,574
Jacob Barber is wholly
and completely innocent.
136
00:09:32,072 --> 00:09:35,952
When you understand what
really happened that day,
137
00:09:36,910 --> 00:09:41,790
you'll see this case for what
it is... a rush to judgment.
138
00:09:43,125 --> 00:09:45,085
The fingerprint, for example,
139
00:09:45,169 --> 00:09:47,459
that the prosecution
made such a big deal about,
140
00:09:47,546 --> 00:09:49,756
you're going to hear
how that print got there,
141
00:09:49,840 --> 00:09:53,260
just as Jacob told the police
officer who arrested him
142
00:09:53,343 --> 00:09:55,263
the moment that he was asked.
143
00:09:56,430 --> 00:10:00,480
He saw his classmate lying on
the ground, and he tried to help.
144
00:10:01,393 --> 00:10:07,273
And when he discovered that Ben was
dead, saw all that blood, he panicked.
145
00:10:07,357 --> 00:10:12,277
He feared that if he told someone
about the body, he'd become a suspect.
146
00:10:12,362 --> 00:10:16,242
After all, this was Ben
Rifkin, the boy who bullied him.
147
00:10:16,325 --> 00:10:19,325
Everyone knew that. How would it look?
148
00:10:20,537 --> 00:10:26,497
Does Jacob wish that he had been
braver from the start and told the truth?
149
00:10:27,419 --> 00:10:29,129
Of course he does.
150
00:10:29,213 --> 00:10:33,803
It was the worst mistake he's ever made.
It was a horrible, terrifying mistake.
151
00:10:35,302 --> 00:10:36,972
But he was a boy.
152
00:10:38,138 --> 00:10:41,388
And I don't give a damn how
the state chooses to try him.
153
00:10:41,475 --> 00:10:44,685
He was a 14-year-old boy.
154
00:10:46,104 --> 00:10:48,154
And boys make mistakes.
155
00:10:49,316 --> 00:10:50,646
[SIGHS]
156
00:10:50,734 --> 00:10:52,534
But we are adults...
157
00:10:54,071 --> 00:10:57,071
with a grave responsibility before us.
158
00:10:58,200 --> 00:10:59,950
A child is dead.
159
00:11:01,370 --> 00:11:04,870
Don't destroy another
child's life to make up for it.
160
00:11:06,041 --> 00:11:07,671
That isn't justice.
161
00:11:07,751 --> 00:11:09,551
[HEARTBEAT THUMPING]
162
00:11:09,628 --> 00:11:11,418
That's just another tragedy.
163
00:11:15,425 --> 00:11:17,715
[CLAMORING] -[CAMERA SHUTTERS CLICKING]
164
00:11:21,807 --> 00:11:22,951
[MALE REPORTER #1] Mr. Barber, over here!
165
00:11:22,975 --> 00:11:24,619
[MALE REPORTER #2] Mr. Barber,
do you have any comment?
166
00:11:24,643 --> 00:11:26,403
[JOANNA] Give us a
little room here, please.
167
00:11:26,436 --> 00:11:28,146
Give us a little room here.
168
00:11:28,230 --> 00:11:29,980
[CLAMORING CONTINUES]
169
00:11:31,441 --> 00:11:33,641
[MALE REPORTER #3]
Mr. Barber, do you feel he's guilty?
170
00:11:34,319 --> 00:11:36,159
[FEMALE REPORTER]
Hey, come over here, please.
171
00:11:39,032 --> 00:11:40,472
[ANDY] It's definitely the same guy.
172
00:11:42,077 --> 00:11:44,077
Yes, I'm sure. Blue Lincoln.
173
00:11:45,747 --> 00:11:46,957
Right.
174
00:11:47,708 --> 00:11:49,588
You still have that
plate number I sent you?
175
00:11:52,254 --> 00:11:53,264
Okay.
176
00:11:54,840 --> 00:11:56,010
Thanks, Duff.
177
00:11:57,301 --> 00:11:58,551
What was that about?
178
00:11:59,219 --> 00:12:00,929
Long story. I'll tell you later.
179
00:12:01,513 --> 00:12:04,023
Okay, well, make sure they get some rest.
180
00:12:04,099 --> 00:12:06,309
- I'll call you tonight.
- Okay.
181
00:12:20,908 --> 00:12:21,908
Driver's license.
182
00:12:22,951 --> 00:12:23,951
What I do?
183
00:12:24,036 --> 00:12:25,696
Let me see your license.
184
00:12:26,705 --> 00:12:28,705
I got a right to sit in
my own car, don't I?
185
00:12:30,083 --> 00:12:32,593
Sir, are you refusing to
provide me with identification?
186
00:12:33,003 --> 00:12:34,423
I'm not refusing anything.
187
00:12:35,047 --> 00:12:37,217
I wanna know what you're bothering me for.
188
00:12:57,528 --> 00:13:00,778
The family declined making any statement
when leaving the courthouse today.
189
00:13:00,864 --> 00:13:02,034
And by all indications,
190
00:13:02,115 --> 00:13:04,695
plan to spend their night
here at their home in Newton.
191
00:13:04,785 --> 00:13:06,655
What happens tomorrow is anyone's guess.
192
00:13:06,745 --> 00:13:08,655
However, opening statements suggest
193
00:13:08,747 --> 00:13:10,957
we could be in for an
emotionally charged trial.
194
00:13:11,041 --> 00:13:13,201
- This is Alix Wong, Channel 12 News.
- [MESSAGE CHIME]
195
00:13:25,472 --> 00:13:26,682
[MESSAGE CHIME]
196
00:13:58,589 --> 00:14:00,669
[CHATTERING]
197
00:14:05,721 --> 00:14:07,391
[FOOTSTEPS APPROACHING]
198
00:14:09,850 --> 00:14:11,350
Just got off the phone with Duffy.
199
00:14:11,810 --> 00:14:14,310
It's not good. Just hear me out.
200
00:14:14,396 --> 00:14:15,516
What?
201
00:14:15,606 --> 00:14:18,226
His name is James O'Leary,
the guy in the Lincoln.
202
00:14:18,317 --> 00:14:19,857
They call him Father O'Leary.
203
00:14:20,402 --> 00:14:21,492
They?
204
00:14:21,570 --> 00:14:23,240
I guess he's an old gangster.
205
00:14:23,322 --> 00:14:26,242
He's got a record. Duffy said he
used to be some sort of muscle.
206
00:14:26,325 --> 00:14:29,075
Now he hires himself out to
do, you know, small things,
207
00:14:29,161 --> 00:14:30,871
roughing people up, that sort of thing.
208
00:14:31,288 --> 00:14:34,078
Are you kidding me?
What does he want with us?
209
00:14:34,166 --> 00:14:35,286
I don't know.
210
00:14:35,792 --> 00:14:38,962
What are we supposed to do?
Can't they arrest him? Question him?
211
00:14:39,046 --> 00:14:41,376
Not unless he explicitly threatens us.
212
00:14:42,090 --> 00:14:43,380
Oh, my God.
213
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,
214
00:14:46,678 --> 00:14:49,218
but odds are it's probably
just someone trying to scare us.
215
00:14:49,306 --> 00:14:51,266
Because we're not scared enough already.
216
00:14:57,439 --> 00:15:01,689
My heart was kind of pounding
then, because he wasn't answering me.
217
00:15:01,777 --> 00:15:05,607
Uh, still, I couldn't see how
he looked until I got close.
218
00:15:06,782 --> 00:15:08,162
And did you call for help?
219
00:15:08,825 --> 00:15:12,155
I remember crawling backwards
up the slope, dialing 911.
220
00:15:13,997 --> 00:15:15,207
Thank you, Mrs. Gianetto.
221
00:15:16,083 --> 00:15:17,333
Ms. Klein.
222
00:15:17,417 --> 00:15:18,917
No questions, Your Honor.
223
00:15:20,128 --> 00:15:21,548
The dog park, yes.
224
00:15:21,630 --> 00:15:22,920
[NEAL] What time was this?
225
00:15:23,632 --> 00:15:24,972
Around 8:00 a.m.
226
00:15:25,717 --> 00:15:29,177
Like I said, it sounded
like a boy's voice I heard.
227
00:15:29,847 --> 00:15:32,847
He said, "Stop. You're hurting me."
228
00:15:33,642 --> 00:15:35,142
"Stop. You're hurting me."
229
00:15:37,896 --> 00:15:40,686
Could you tell what direction
the boy's voice came from?
230
00:15:42,776 --> 00:15:44,066
[MAN] West, I think.
231
00:15:45,988 --> 00:15:47,698
Detective, is it standard procedure
232
00:15:47,781 --> 00:15:51,241
for an assistant district attorney
to direct a homicide investigation?
233
00:15:51,994 --> 00:15:53,004
Yes.
234
00:15:53,078 --> 00:15:55,498
And who was the assistant DA
assigned to the case that day?
235
00:15:55,581 --> 00:15:56,961
Objection. Relevance.
236
00:15:57,040 --> 00:15:58,250
[SCOFFS]
237
00:15:58,625 --> 00:15:59,875
See counsel at sidebar.
238
00:16:03,922 --> 00:16:06,972
Your Honor, I don't see how
Mr. Barber's brief involvement in this case
239
00:16:07,050 --> 00:16:09,260
has anything to do with
his son's innocence or guilt.
240
00:16:09,344 --> 00:16:12,684
Your Honor, the jury is entitled to
hear that the defendant's own father
241
00:16:12,764 --> 00:16:15,104
was in charge of the early
stages of the investigation.
242
00:16:17,561 --> 00:16:19,811
I'm going to allow it, but
I warn you, counselor.
243
00:16:19,897 --> 00:16:22,687
Mr. Barber is not on
trial here. Remember that.
244
00:16:23,317 --> 00:16:25,357
Yes, Your Honor. Understood.
245
00:16:26,445 --> 00:16:27,905
Witness will answer the question.
246
00:16:30,616 --> 00:16:32,276
Andrew Barber was in charge.
247
00:16:33,827 --> 00:16:37,537
And did you find it strange that
Mr. Barber was handling a case
248
00:16:37,623 --> 00:16:39,503
that involved his own son's classmate?
249
00:16:40,209 --> 00:16:41,589
Not really, no.
250
00:16:42,085 --> 00:16:44,205
[NEAL] And once his son
was charged with the murder?
251
00:16:44,713 --> 00:16:45,843
Any concerns?
252
00:16:47,049 --> 00:16:48,719
I wasn't happy about it.
253
00:16:49,343 --> 00:16:52,433
Detective, have you
ever heard of a prosecutor
254
00:16:52,513 --> 00:16:55,393
being involved in the
investigation into his own child?
255
00:16:55,474 --> 00:16:57,104
- Objection.
- Sustained.
256
00:16:57,184 --> 00:16:59,384
You've made your point,
counselor. Let's move it along.
257
00:17:00,145 --> 00:17:01,765
No further questions, Your Honor.
258
00:17:03,649 --> 00:17:04,729
[JUDGE FRENCH] Ms. Klein.
259
00:17:05,983 --> 00:17:08,953
Detective Peterson, you were
among the first at the crime scene.
260
00:17:09,029 --> 00:17:11,989
- Was there a murder weapon found that day?
- No, ma'am.
261
00:17:12,074 --> 00:17:15,244
Besides a single fingerprint
found on the victim's sweatshirt,
262
00:17:15,327 --> 00:17:17,407
was there any evidence recovered that day?
263
00:17:17,496 --> 00:17:18,616
No.
264
00:17:18,704 --> 00:17:22,504
And of course, the fingerprint
wasn't identified until later. Yes?
265
00:17:22,584 --> 00:17:24,004
Yes. Correct.
266
00:17:24,086 --> 00:17:26,956
So is it fair to say that at the
beginning of the investigation,
267
00:17:27,047 --> 00:17:31,047
neither you nor Mr. Barber
had any obvious suspects?
268
00:17:31,134 --> 00:17:32,144
We did not.
269
00:17:32,219 --> 00:17:35,059
And was the defendant
the first suspect to emerge?
270
00:17:35,973 --> 00:17:38,683
- No. We initially just...
- Objection. Relevance?
271
00:17:41,019 --> 00:17:42,019
Overruled.
272
00:17:43,355 --> 00:17:45,645
We initially pursued a
suspect named Leonard Patz.
273
00:17:45,732 --> 00:17:49,492
He had a record for indecent assault
and battery on kids, things like that.
274
00:17:49,570 --> 00:17:51,860
So a registered sex offender,
275
00:17:51,947 --> 00:17:54,067
and that's what made
him a person of interest?
276
00:17:54,157 --> 00:17:56,077
That, and he lived near the park.
277
00:17:56,159 --> 00:17:57,659
He didn't just live near the park.
278
00:17:57,744 --> 00:18:00,834
He was known to walk in the
park most mornings. Isn't that true?
279
00:18:00,914 --> 00:18:02,714
Objection. Leading the witness.
280
00:18:02,791 --> 00:18:03,831
Overruled.
281
00:18:04,585 --> 00:18:08,415
Yes. In fact, he admitted to being
in the park that same morning.
282
00:18:09,756 --> 00:18:11,966
No more questions. Thank you.
283
00:18:13,051 --> 00:18:18,101
Detective, whose idea was it to pursue
the investigation into Leonard Patz?
284
00:18:20,767 --> 00:18:22,637
Andy Barber brought it to my attention.
285
00:18:23,604 --> 00:18:25,484
[NEAL] Andy Barber. I see.
286
00:18:26,440 --> 00:18:28,690
And Mr. Patz was then cleared
287
00:18:28,775 --> 00:18:31,355
when Mr. Barber's own son
was charged with the crime.
288
00:18:33,363 --> 00:18:34,363
Yes.
289
00:18:34,448 --> 00:18:35,868
No further questions, Your Honor.
290
00:18:38,785 --> 00:18:41,205
- Your Honor, we'd like to recross.
- Go ahead.
291
00:18:43,123 --> 00:18:47,713
Detective, when Mr. Logiudice
asked if you had cleared Leonard Patz,
292
00:18:47,794 --> 00:18:50,134
were you certain of his innocence?
293
00:18:50,214 --> 00:18:51,844
Certain? No.
294
00:18:51,924 --> 00:18:56,054
Did you agree with Mr. Barber's
decision to investigate Leonard Patz?
295
00:18:56,512 --> 00:18:58,222
Yes. Absolutely.
296
00:18:58,305 --> 00:19:01,555
What about other decisions
Andy Barber made?
297
00:19:01,642 --> 00:19:02,852
Any concerns at all?
298
00:19:03,393 --> 00:19:04,813
None I can think of.
299
00:19:05,646 --> 00:19:06,856
He's the best they got.
300
00:19:08,106 --> 00:19:10,066
The best they used to have, anyway.
301
00:19:11,568 --> 00:19:14,108
Thank you, Detective. No further questions.
302
00:19:15,072 --> 00:19:17,742
Commonwealth, you prepared
to call your next witness?
303
00:19:19,910 --> 00:19:21,250
Uh, yes, Your Honor.
304
00:19:24,039 --> 00:19:26,789
The beam refracts through each slit
305
00:19:26,875 --> 00:19:29,435
and makes a pattern of light
and dark stripes on the other side.
306
00:19:29,461 --> 00:19:33,801
Why? Because light isn't
made of particles, but...
307
00:19:33,882 --> 00:19:35,012
- Waves?
- Exactly.
308
00:19:35,092 --> 00:19:37,682
And it is the intersection of the
waves that make the patterns.
309
00:19:38,262 --> 00:19:41,222
So these physicists decide that
they're gonna solve what's going on
310
00:19:41,306 --> 00:19:44,766
by installing a device
that allows them to see
311
00:19:44,852 --> 00:19:48,692
exactly which slit each
electron is passing through.
312
00:19:48,772 --> 00:19:51,572
Only the moment that
they try to observe it,
313
00:19:51,650 --> 00:19:56,150
the electrons stop behaving like
waves and behave like particles again.
314
00:19:56,238 --> 00:19:57,988
- What? That's impossible.
- [PHONE BUZZES]
315
00:19:58,073 --> 00:20:00,283
- [JOANNA] Google it.
- I'll be right back.
316
00:20:00,367 --> 00:20:02,428
I tell my wife it's exactly
like me and the Celtics.
317
00:20:02,452 --> 00:20:04,542
The moment I turn on the game, they lose.
318
00:20:05,539 --> 00:20:07,579
What the hell did I say about calling here?
319
00:20:08,208 --> 00:20:10,128
I just want to know how it's going.
320
00:20:10,210 --> 00:20:11,300
What?
321
00:20:11,795 --> 00:20:13,505
What do you mean, "What"? The trial.
322
00:20:13,589 --> 00:20:15,839
He's my grandson. I got a right to know.
323
00:20:15,924 --> 00:20:17,264
Listen to me very carefully.
324
00:20:17,342 --> 00:20:20,262
You don't have a right to shit. Okay?
325
00:20:20,345 --> 00:20:23,715
Maybe I got a right to call one of these
reporters that keeps trying me, huh?
326
00:20:24,099 --> 00:20:25,099
Do whatever you want.
327
00:20:25,184 --> 00:20:27,120
Come on. I just wanna
know what are you thinking.
328
00:20:27,144 --> 00:20:28,814
I mean, what's your strategy?
329
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.
330
00:20:32,900 --> 00:20:34,780
But, you know, you
gotta be smart about this.
331
00:20:34,860 --> 00:20:38,200
Oh, yeah? I didn't know they
gave out law degrees in prison.
332
00:20:38,780 --> 00:20:42,120
That's funny. You think
prison's a fucking joke?
333
00:20:43,327 --> 00:20:44,537
Let me tell you something.
334
00:20:44,620 --> 00:20:47,870
This is sure as hell no
place for a kid like Jacob.
335
00:20:49,917 --> 00:20:51,787
Now one of the, uh, witnesses today,
336
00:20:51,877 --> 00:20:53,247
this cop who was on the stand,
337
00:20:54,129 --> 00:20:55,919
he mentioned this guy Patz.
338
00:20:56,006 --> 00:20:57,336
What about him?
339
00:20:57,758 --> 00:20:59,298
Well, you think he did it?
340
00:21:01,512 --> 00:21:03,602
- Do you?
- Yeah.
341
00:21:05,098 --> 00:21:06,178
Are you sure?
342
00:21:06,725 --> 00:21:07,805
Look, I gotta go.
343
00:21:07,893 --> 00:21:09,903
Guy's a child molester, right?
344
00:21:11,313 --> 00:21:12,523
Sort of.
345
00:21:12,898 --> 00:21:15,438
How... How the fuck are
you "sort of" a child molester?
346
00:21:15,901 --> 00:21:19,071
Same way you were a murderer
before you actually murdered someone.
347
00:21:19,154 --> 00:21:20,864
Why you gotta make it about me? Huh?
348
00:21:20,948 --> 00:21:23,328
Why don't you fucking quit
worrying about what I am
349
00:21:23,408 --> 00:21:25,738
and start worrying about my grandson?
350
00:21:26,119 --> 00:21:27,249
Don't call here again.
351
00:21:27,329 --> 00:21:29,749
I mean it. You keep him out of this place!
352
00:21:29,831 --> 00:21:31,121
You hear me?
353
00:21:31,208 --> 00:21:33,208
I spent my whole
fucking life in this shithole.
354
00:21:33,293 --> 00:21:35,843
I'm not gonna stand by
while my grandson's life...
355
00:21:36,880 --> 00:21:38,050
You mother...
356
00:21:38,131 --> 00:21:39,681
[INMATE] You fucked up, cocksucker.
357
00:21:39,758 --> 00:21:42,048
[WHISTLE BLOWING]
[INMATES CLAMORING]
358
00:21:54,106 --> 00:21:56,066
- Did Joanna leave?
- Yeah.
359
00:21:56,775 --> 00:21:58,275
Who was that?
360
00:21:58,360 --> 00:22:02,110
Oh, it was, uh... credit card
company, just confirming some charges.
361
00:22:04,825 --> 00:22:07,695
Joanna seemed... optimistic.
362
00:22:08,537 --> 00:22:11,157
You know, I'm starting
to think she should be.
363
00:22:17,504 --> 00:22:19,732
[SARAH] So weird, 'cause there
were just all these people there.
364
00:22:19,756 --> 00:22:21,276
I don't even know why,
because it was so cold outside.
365
00:22:21,300 --> 00:22:23,090
- [LAURIE] Hey.
- Hold on one second.
366
00:22:23,177 --> 00:22:24,717
I'm just hanging these on your door.
367
00:22:25,179 --> 00:22:26,219
Okay. Thanks.
368
00:22:26,889 --> 00:22:27,969
Who are you talking to?
369
00:22:28,557 --> 00:22:29,557
Sarah.
370
00:22:30,100 --> 00:22:32,190
Oh. Okay.
371
00:22:33,020 --> 00:22:34,610
- Tell her I said hi.
- Okay.
372
00:22:36,190 --> 00:22:37,417
- Sorry about that.
- [DOOR CLOSES]
373
00:22:37,441 --> 00:22:40,151
So anyway, um, this lady
comes in with her kids, right?
374
00:22:40,235 --> 00:22:42,735
And they're just so loud and obnoxious.
375
00:22:42,821 --> 00:22:45,871
And I was like, "Oh, my
gosh. Shut up already." But...
376
00:22:53,123 --> 00:22:55,268
[NEAL] You've been with
the state's crime lab how long?
377
00:22:55,292 --> 00:22:57,422
Eleven years, almost 12.
378
00:22:58,212 --> 00:23:02,382
Ms. Carlson, could you describe the
blood evidence at the point of attack?
379
00:23:02,466 --> 00:23:05,756
There were a few small spatters
less than an inch in diameter.
380
00:23:05,844 --> 00:23:07,489
[NEAL] Yesterday, we heard defense contend
381
00:23:07,513 --> 00:23:10,643
that there should have been
blood on the clothing of an attacker
382
00:23:10,724 --> 00:23:12,524
in a stabbing like this.
383
00:23:12,601 --> 00:23:14,391
- Do you have an opinion on that?
- Yes.
384
00:23:14,478 --> 00:23:18,898
That's not necessarily true, since
no spatter seemed cast off with force.
385
00:23:18,982 --> 00:23:22,692
It's also possible the assailant stood
behind the victim when he stabbed him,
386
00:23:22,778 --> 00:23:26,318
which would have meant he was out
of the trajectory of any spray or spatter.
387
00:23:26,865 --> 00:23:28,945
[NEAL] What can you tell
us about the murder weapon?
388
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.
389
00:23:34,665 --> 00:23:35,745
I see.
390
00:23:36,959 --> 00:23:39,839
So, a knife like this one?
391
00:23:39,920 --> 00:23:41,960
- [SPECTATORS MURMURING]
- [JOANNA] Objection.
392
00:23:42,047 --> 00:23:43,441
Commonwealth moves
to enter into evidence...
393
00:23:43,465 --> 00:23:44,675
Objection!
394
00:23:45,175 --> 00:23:47,635
Your Honor, the jury
will soon hear testimony
395
00:23:47,719 --> 00:23:49,259
from the defendant's best friend
396
00:23:49,346 --> 00:23:52,426
that the defendant owned
a knife exactly like this one:
397
00:23:52,516 --> 00:23:53,726
A Schnell Tactical.
398
00:23:53,809 --> 00:23:55,939
[JOANNA] Your Honor, this is a cheap stunt.
399
00:23:56,019 --> 00:23:59,819
The Commonwealth has yet to
link any such knife to the defendant,
400
00:23:59,898 --> 00:24:03,738
and to wave it around in here now
is irresponsible. It's inflammatory.
401
00:24:03,819 --> 00:24:07,199
Agreed. Objection sustained.
Put away the knife, Mr. Logiudice.
402
00:24:08,365 --> 00:24:10,405
In that case, no more
questions, Your Honor.
403
00:24:11,201 --> 00:24:12,201
[JUDGE FRENCH] Cross.
404
00:24:12,286 --> 00:24:13,656
[JOANNA] Absolutely, Your Honor.
405
00:24:14,371 --> 00:24:17,371
Ms. Carlson, we were
just on the subject of blood.
406
00:24:17,457 --> 00:24:20,587
Was there any blood evidence
recovered from the defendant?
407
00:24:20,669 --> 00:24:21,749
No.
408
00:24:21,837 --> 00:24:23,757
Genetic evidence?
409
00:24:23,839 --> 00:24:26,759
DNA? Hairs? Fibers?
410
00:24:26,842 --> 00:24:28,472
No, just the fingerprint.
411
00:24:28,969 --> 00:24:31,509
- May I propose a hypothetical?
- Okay.
412
00:24:31,597 --> 00:24:36,517
Let's suppose the defendant, Jacob,
was walking on his way to school...
413
00:24:37,519 --> 00:24:40,609
and came across the
victim lying on the ground.
414
00:24:41,440 --> 00:24:48,160
And suppose Jacob lifted the victim
by the collar to see if he was okay.
415
00:24:48,238 --> 00:24:52,408
Might that create a fingerprint
consistent with the one you found?
416
00:24:52,910 --> 00:24:54,490
Yes, that is possible.
417
00:24:55,037 --> 00:24:58,867
Now the knife that the Commonwealth
attempted to enter into evidence,
418
00:24:58,957 --> 00:25:00,417
had you ever seen it before?
419
00:25:00,501 --> 00:25:01,921
Objection. Relevance.
420
00:25:02,002 --> 00:25:05,382
Overruled. You opened the door, counselor.
421
00:25:06,340 --> 00:25:08,630
[CARLSON] Yes. The DA's
office asked me to determine
422
00:25:08,717 --> 00:25:12,637
if that particular model of knife was
consistent with the victim's wounds.
423
00:25:12,721 --> 00:25:16,771
Ah. And I assume they gave you
other models to compare as well?
424
00:25:16,850 --> 00:25:18,100
No.
425
00:25:18,185 --> 00:25:19,225
No?
426
00:25:20,896 --> 00:25:23,016
Did they at least ask you to determine
427
00:25:23,106 --> 00:25:26,066
how many other knives might
have made those wounds?
428
00:25:26,652 --> 00:25:27,692
No.
429
00:25:27,778 --> 00:25:29,238
Well, how many would you think?
430
00:25:30,572 --> 00:25:34,162
I... I don't know. That...
That would be speculating.
431
00:25:34,243 --> 00:25:35,373
[JOANNA] A thousand?
432
00:25:35,827 --> 00:25:36,827
Uh...
433
00:25:37,538 --> 00:25:38,748
A large number.
434
00:25:38,830 --> 00:25:41,120
Seven hundred? Five hundred?
435
00:25:42,918 --> 00:25:45,248
Somewhere... Somewhere in that range.
436
00:25:45,629 --> 00:25:50,339
In other words, the chances
of it being the actual knife
437
00:25:50,425 --> 00:25:52,085
are one in 500. Correct?
438
00:25:52,177 --> 00:25:54,217
Objection. Calls for speculation.
439
00:25:54,304 --> 00:25:55,434
Sustained.
440
00:25:59,351 --> 00:26:01,021
No further questions, Your Honor.
441
00:26:02,187 --> 00:26:03,767
[DAN] This is all going to shit.
442
00:26:03,856 --> 00:26:06,226
He's gonna walk. Can't you see that?
443
00:26:06,316 --> 00:26:07,916
He's gonna get away with killing our son
444
00:26:07,943 --> 00:26:10,783
because of that asshole
and his goddamn theatrics.
445
00:26:10,863 --> 00:26:12,453
[JOAN] Please, I can't take this.
446
00:26:12,531 --> 00:26:14,241
[DAN] Yeah, well, I can't take it either.
447
00:26:14,324 --> 00:26:16,494
[JOAN] Dan. Dan.
448
00:26:22,165 --> 00:26:24,285
[CHATTERING CONTINUES]
449
00:26:32,009 --> 00:26:34,849
How he didn't know that that
stunt would backfire is beyond me.
450
00:26:34,928 --> 00:26:36,048
Because he's reckless.
451
00:26:36,763 --> 00:26:38,283
- You doing all right?
- [SOFTLY] Yeah.
452
00:26:40,559 --> 00:26:41,809
One of them smiled.
453
00:26:42,853 --> 00:26:45,813
One of the jurors, the guy with the goatee.
454
00:26:45,898 --> 00:26:47,398
He smiled? Really?
455
00:26:47,482 --> 00:26:51,032
Yeah, when she admitted it was
a one in 500 chance, he smiled.
456
00:26:51,111 --> 00:26:52,361
[PHONE CHIMES]
457
00:26:54,489 --> 00:26:56,449
[CLEARS THROAT] Something wrong?
458
00:26:57,159 --> 00:26:58,739
No. No, it's nothing.
459
00:26:59,453 --> 00:27:00,663
We'll talk later.
460
00:27:02,331 --> 00:27:05,961
You and Mr. Barber have worked
together on many cases. Is that right?
461
00:27:06,376 --> 00:27:07,376
We go back, yes.
462
00:27:07,878 --> 00:27:10,668
Would you describe him as
diligent when it came to his work?
463
00:27:11,048 --> 00:27:12,728
[DUFFY] More than that. He was relentless.
464
00:27:12,758 --> 00:27:14,638
Was that relentlessness on display
465
00:27:14,718 --> 00:27:17,198
when you were attempting to
cut through the school's red tape?
466
00:27:17,596 --> 00:27:19,436
He didn't feel the
classmates were a priority.
467
00:27:19,515 --> 00:27:21,475
We'd already interviewed
Ben's close friends.
468
00:27:21,558 --> 00:27:24,388
Once you did interview
the students, finally,
469
00:27:24,478 --> 00:27:27,108
was there anything useful
that came out of that?
470
00:27:27,189 --> 00:27:28,899
After the initial meetings, nothing much.
471
00:27:28,982 --> 00:27:31,112
But with some follow-up,
we came to learn that
472
00:27:31,193 --> 00:27:33,546
there was an ongoing beef
between the victim and the defendant.
473
00:27:33,570 --> 00:27:36,160
Meaning Ben had been
bullying the defendant.
474
00:27:36,573 --> 00:27:37,743
For some time, yes.
475
00:27:37,824 --> 00:27:41,294
Was this around the time that you
started to view the defendant as a suspect?
476
00:27:42,162 --> 00:27:43,162
It was.
477
00:27:43,247 --> 00:27:45,747
Even as his father was still
running the investigation?
478
00:27:47,459 --> 00:27:49,959
Certain aspects of the
investigation had to be carried out
479
00:27:50,045 --> 00:27:51,835
without Mr. Barber's knowledge.
480
00:27:53,298 --> 00:27:54,418
[NEAL] What did that reveal?
481
00:27:57,261 --> 00:28:00,641
That the defendant supposedly had
a knife consistent with the wounds,
482
00:28:00,722 --> 00:28:02,562
that he had sufficient motive,
483
00:28:02,641 --> 00:28:05,521
and he had opportunity, in that his
movements the morning of the attack
484
00:28:05,602 --> 00:28:07,442
placed him near or at the scene.
485
00:28:07,521 --> 00:28:09,021
Did you arrest him at this time?
486
00:28:09,106 --> 00:28:10,646
Not until the fingerprint came back.
487
00:28:10,732 --> 00:28:12,627
We then obtained a warrant
and searched the house,
488
00:28:12,651 --> 00:28:14,861
trying to find the knife, which we did not.
489
00:28:15,821 --> 00:28:17,571
Did you seize the defendant's computer?
490
00:28:17,656 --> 00:28:20,026
We did, but we found
nothing directly incriminating.
491
00:28:20,117 --> 00:28:23,447
Detective, are you aware of a
program called Disk Scraper?
492
00:28:23,537 --> 00:28:27,167
I am. It's a program that wipes hard
drives, deletes files, that kind of thing.
493
00:28:27,249 --> 00:28:30,249
Was that program on the defendant's laptop?
494
00:28:31,086 --> 00:28:32,086
It was.
495
00:28:33,213 --> 00:28:37,053
Is it possible that there was
incriminating evidence on the laptop,
496
00:28:37,134 --> 00:28:38,574
and it was removed by the defendant?
497
00:28:38,635 --> 00:28:40,795
Objection. Calls for speculation.
498
00:28:40,888 --> 00:28:41,888
Sustained.
499
00:28:42,931 --> 00:28:44,181
What about pornography?
500
00:28:44,266 --> 00:28:46,136
- Objection. Relevance.
- Sustained.
501
00:28:46,226 --> 00:28:47,896
[NEAL] Let me be more specific.
502
00:28:48,520 --> 00:28:52,650
Did you find any violent
pornography on the defendant's laptop?
503
00:28:54,151 --> 00:28:56,071
I think all pornography is violent.
504
00:28:56,153 --> 00:28:57,203
Of course.
505
00:28:57,863 --> 00:29:01,373
I mean, specifically, images
glorifying abuse or torture.
506
00:29:01,450 --> 00:29:03,040
Objection. Relevance.
507
00:29:04,494 --> 00:29:06,464
Overruled. The witness will answer.
508
00:29:08,790 --> 00:29:09,920
Some, yeah.
509
00:29:10,000 --> 00:29:11,590
[SPECTATORS MURMURING]
510
00:29:15,214 --> 00:29:16,334
[NEAL] No further questions.
511
00:29:19,176 --> 00:29:22,886
Detective, I assume you have
executed countless search warrants
512
00:29:22,971 --> 00:29:25,061
- in your career, yes?
- Sure.
513
00:29:25,140 --> 00:29:26,560
Seized a lot of laptops.
514
00:29:26,642 --> 00:29:27,732
Yes.
515
00:29:27,809 --> 00:29:31,309
Have you ever found one that
didn't have some pornography on it?
516
00:29:31,396 --> 00:29:32,686
[SPECTATORS CHUCKLE]
517
00:29:33,232 --> 00:29:34,322
I don't think so.
518
00:29:34,399 --> 00:29:36,939
Detective, is it true
that you were the first
519
00:29:37,027 --> 00:29:39,447
to identify Leonard Patz
as a person of interest,
520
00:29:39,530 --> 00:29:41,280
and not Mr. Barber?
521
00:29:41,907 --> 00:29:43,697
Yes. I brought Patz to Andy's attention,
522
00:29:43,784 --> 00:29:46,254
and we agreed that he was
someone we should be looking at.
523
00:29:46,912 --> 00:29:48,252
One last question.
524
00:29:49,790 --> 00:29:52,420
At any point in the investigation,
525
00:29:52,501 --> 00:29:58,341
did Andy Barber behave in any way to
suggest that he suspected his own son?
526
00:29:58,841 --> 00:30:00,631
No, not in the slightest.
527
00:30:01,760 --> 00:30:03,970
No further questions, Your Honor.
528
00:30:04,054 --> 00:30:05,934
Mr. Logiudice, redirect?
529
00:30:14,481 --> 00:30:15,571
Detective...
530
00:30:18,777 --> 00:30:22,107
have you ever known
Mr. Barber to be violent?
531
00:30:24,408 --> 00:30:26,158
- No.
- Are you sure?
532
00:30:27,619 --> 00:30:31,079
Never seen him grab somebody
by the jacket? Push them into a wall?
533
00:30:31,164 --> 00:30:32,714
Objection. Relevance.
534
00:30:34,168 --> 00:30:35,338
Overruled.
535
00:30:39,715 --> 00:30:41,375
Once. You.
536
00:30:41,758 --> 00:30:44,718
After your provoked him with that
crack about his father doing time for...
537
00:30:46,054 --> 00:30:47,264
Doing time for murder?
538
00:30:47,347 --> 00:30:49,557
- Objection! Your Honor!
- Sustained.
539
00:30:49,641 --> 00:30:51,481
I'll see counsel at sidebar, right now.
540
00:30:52,019 --> 00:30:53,899
[SPECTATORS MURMURING]
541
00:30:56,732 --> 00:30:59,742
I'm appalled at what I just saw.
We went over this in pretrial.
542
00:30:59,818 --> 00:31:02,528
Your Honor, it was the defense
counsel who first raised the issue
543
00:31:02,613 --> 00:31:05,703
of whether the defendant's father
had reason to suspect his own son.
544
00:31:05,782 --> 00:31:07,702
I am simply trying to make that argument.
545
00:31:07,784 --> 00:31:09,544
You have got to be kidding me.
546
00:31:09,620 --> 00:31:12,250
Your Honor, the defense
moves for a mistrial.
547
00:31:12,331 --> 00:31:14,142
- Oh, come on.
- He was given specific instructions.
548
00:31:14,166 --> 00:31:18,836
You are on extraordinarily thin ice,
Mr. Logiudice, you understand me?
549
00:31:18,921 --> 00:31:21,921
Now you wrap it up with
this witness right now.
550
00:31:22,007 --> 00:31:25,587
And if I hear even a whisper about the
defendant's grandfather going forward,
551
00:31:25,677 --> 00:31:27,717
Ms. Klein will get her
mistrial. Am I clear?
552
00:31:27,804 --> 00:31:30,314
Yes, Your Honor.
553
00:31:41,735 --> 00:31:43,025
Ladies and gentlemen,
554
00:31:43,820 --> 00:31:48,330
there's a saying in the law,
"You cannot unring the bell"...
555
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.
556
00:31:57,084 --> 00:31:58,924
[NEAL] That must have
been torture for you...
557
00:32:00,087 --> 00:32:01,587
sitting on the sidelines.
558
00:32:02,464 --> 00:32:03,764
I had no choice.
559
00:32:05,425 --> 00:32:07,045
So you trusted Ms. Klein?
560
00:32:07,845 --> 00:32:08,965
I did.
561
00:32:10,055 --> 00:32:13,725
On day four of the trial, the
Commonwealth called its final witness:
562
00:32:14,560 --> 00:32:15,770
Derek Yoo.
563
00:32:16,854 --> 00:32:22,614
Did you feel that Ms. Klein adequately
prepared for Derek Yoo's testimony?
564
00:32:23,527 --> 00:32:25,027
[ANDY] Yeah, as best she could.
565
00:32:25,445 --> 00:32:27,815
[NEAL] She intended
to destroy his credibility?
566
00:32:28,282 --> 00:32:31,372
[ANDY] He had a plausible
motive. The jury had a right to know.
567
00:32:31,869 --> 00:32:33,409
What about you and Laurie?
568
00:32:35,622 --> 00:32:37,042
What about us?
569
00:32:38,333 --> 00:32:39,673
Were you prepared?
570
00:32:43,714 --> 00:32:46,474
[CHATTERING]
571
00:33:05,402 --> 00:33:06,532
We've got a problem.
572
00:33:06,987 --> 00:33:09,157
Matt McGrath. I can't find him.
573
00:33:09,239 --> 00:33:10,319
What?
574
00:33:10,407 --> 00:33:12,327
Ellen's been trying
to call his cell all week,
575
00:33:12,409 --> 00:33:14,729
and she finally got in touch
with his mother this morning.
576
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.
577
00:33:19,166 --> 00:33:21,746
And his girlfriend just
posted online from Florida,
578
00:33:21,835 --> 00:33:23,835
and the mom thinks that
he's down there with her.
579
00:33:23,921 --> 00:33:26,316
What are we supposed to do? He's
supposed to take the stand tomorrow.
580
00:33:26,340 --> 00:33:29,800
Don't worry. We're gonna
think of something. Okay.
581
00:33:40,103 --> 00:33:42,403
[LAUGHING, CHATTERING]
582
00:34:03,168 --> 00:34:04,918
[DOOR OPENS]
583
00:34:26,733 --> 00:34:28,323
[BAILIFF] Court, all rise!
584
00:34:35,534 --> 00:34:39,914
I was like, "That's the same way you
go to school. Did you see anything?"
585
00:34:40,539 --> 00:34:42,039
And Jake said no.
586
00:34:42,875 --> 00:34:47,835
Nothing about seeing Ben on
the ground or trying to help him?
587
00:34:47,920 --> 00:34:50,630
No. Uh, and then he made a joke.
588
00:34:51,717 --> 00:34:55,257
Something like, "Couldn't
happen to a nicer guy."
589
00:34:59,558 --> 00:35:03,438
And this is within a few hours
after learning about Ben's murder?
590
00:35:03,979 --> 00:35:07,569
I guess, yeah. We were at
Jake's house, playing video games.
591
00:35:09,401 --> 00:35:12,401
When you said that Ben
used to pick on Jacob,
592
00:35:13,197 --> 00:35:14,487
what did you mean by that?
593
00:35:16,783 --> 00:35:20,583
Ben always kinda had it in for
Jake. He was always calling him "fag."
594
00:35:21,163 --> 00:35:22,373
Like a nickname.
595
00:35:23,123 --> 00:35:27,793
Like he'd ask Jake questions about
different sex things gay people do,
596
00:35:27,878 --> 00:35:29,918
but in front of everyone, to embarrass him.
597
00:35:30,005 --> 00:35:32,665
Or he'd fake a punch at Jake
if he passed him in the hall.
598
00:35:32,758 --> 00:35:33,878
Stuff like that.
599
00:35:33,967 --> 00:35:36,757
And all of this bullying, it upset Jacob.
600
00:35:37,429 --> 00:35:39,389
- Yeah, of course.
- Did it make him angry?
601
00:35:41,141 --> 00:35:42,731
Not so much in front of Ben, but...
602
00:35:44,102 --> 00:35:46,812
privately, he'd go off on how
much he hated Ben's guts.
603
00:35:46,897 --> 00:35:52,527
Which I got. I mean, Ben would
be a jerk to me too sometimes.
604
00:35:53,987 --> 00:35:56,237
At what point after Ben's murder
605
00:35:56,907 --> 00:35:59,197
did you begin to consider
your friend Jacob's role in it?
606
00:35:59,284 --> 00:36:00,704
Objection. Leading the witness.
607
00:36:02,079 --> 00:36:03,209
Overruled.
608
00:36:06,124 --> 00:36:08,044
You can go ahead and answer, young man.
609
00:36:08,752 --> 00:36:10,052
I guess it was three days later.
610
00:36:10,629 --> 00:36:14,879
Was there anything other than his
temper that began to make you suspicious?
611
00:36:14,967 --> 00:36:16,467
Well, yeah. The knife.
612
00:36:16,844 --> 00:36:19,724
Jake had this scary combat
knife he'd bought in town.
613
00:36:19,805 --> 00:36:22,975
- He used to bring it to school sometimes.
- To show it off, or... or what?
614
00:36:23,058 --> 00:36:26,348
Not really. I mean, he showed
it to me and our friend Dylan...
615
00:36:27,604 --> 00:36:30,074
but it was more like he
liked having it on him,
616
00:36:30,148 --> 00:36:31,358
walking around with it.
617
00:36:31,441 --> 00:36:34,571
Like... it was this secret thing he had.
618
00:36:35,028 --> 00:36:38,408
I see. So the bullying and the knife...
619
00:36:39,491 --> 00:36:41,371
But you knew about these things,
620
00:36:41,910 --> 00:36:44,540
and still, you didn't
suspect Jacob immediately?
621
00:36:46,081 --> 00:36:49,041
I don't know. Maybe
part of me did, a little.
622
00:36:50,294 --> 00:36:52,254
But it wasn't until I read
what he wrote online.
623
00:36:52,629 --> 00:36:53,799
[NEAL] Online?
624
00:36:53,881 --> 00:36:57,091
[DEREK MUMBLES] This messed up
site Jake was into called The Cut Up Room.
625
00:36:57,176 --> 00:37:00,006
By "messed up," I'm assuming
you mean pornographic.
626
00:37:00,095 --> 00:37:03,885
Yeah, but, it's not really
so much about sex.
627
00:37:03,974 --> 00:37:07,354
More violence. Like, really graphic stuff.
628
00:37:07,436 --> 00:37:09,186
Are there stories on this site?
629
00:37:10,147 --> 00:37:14,937
Yeah, people post all kinds
of stuff. Photos, videos, stories.
630
00:37:15,027 --> 00:37:17,607
And do you know if
Jacob posted any stories?
631
00:37:19,239 --> 00:37:20,819
He did, yeah.
632
00:37:20,908 --> 00:37:22,738
He called them Job stories.
633
00:37:23,869 --> 00:37:25,079
Job stories?
634
00:37:25,162 --> 00:37:28,672
Yeah, you know, like his initials. J-O-B?
635
00:37:29,791 --> 00:37:31,461
That was his screen name on there.
636
00:37:32,586 --> 00:37:33,796
What do you know about this?
637
00:37:33,879 --> 00:37:35,339
Not enough. You got to shut it down.
638
00:37:35,422 --> 00:37:38,842
And did Job post a story
about the murder of Ben Rifkin?
639
00:37:39,426 --> 00:37:40,466
Yes.
640
00:37:40,552 --> 00:37:42,892
[SPECTATORS MURMURING]
641
00:37:44,139 --> 00:37:46,139
[NEAL] Commonwealth
moves to enter into evidence...
642
00:37:46,183 --> 00:37:47,393
[JOANNA] Objection.
643
00:37:47,476 --> 00:37:48,726
Your Honor, may we approach?
644
00:37:48,810 --> 00:37:50,850
- [JUDGE FRENCH] Settle down, please.
- [GAVEL RAPS]
645
00:37:52,648 --> 00:37:55,148
Respectfully, Your
Honor, we ask to approach.
646
00:37:59,446 --> 00:38:03,026
Your Honor, this is an ambush.
None of this was disclosed in discovery.
647
00:38:03,116 --> 00:38:05,236
Your Honor, this story was
authored by the defendant.
648
00:38:05,285 --> 00:38:08,525
If he chose to hide it from his attorney,
that's hardly the Commonwealth's fault.
649
00:38:08,747 --> 00:38:10,077
What's this about, Jacob?
650
00:38:10,916 --> 00:38:12,036
Jacob?
651
00:38:34,523 --> 00:38:36,733
Your Honor, I need
to confer with my client.
652
00:38:36,817 --> 00:38:38,437
All right, go ahead.
653
00:38:42,406 --> 00:38:43,906
I'm gonna ask your patience
654
00:38:43,991 --> 00:38:47,581
while I allow defense counselor
a moment to confer with her client.
655
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.
656
00:38:54,710 --> 00:38:56,938
- Then that's our plan...
- They know that he wrote it, Andy.
657
00:38:56,962 --> 00:38:58,462
They've got an IP address.
658
00:39:00,465 --> 00:39:01,795
Jacob.
659
00:39:07,139 --> 00:39:10,849
If we push back now, we're only
going to shine a brighter light on it.
660
00:39:11,310 --> 00:39:12,310
How bad is it?
661
00:39:20,360 --> 00:39:24,200
"Jason stood there on the path as
Brent kept walking toward him, grinning."
662
00:39:24,615 --> 00:39:27,655
If Brent knew the real Jason, he
would have been scared shitless.
663
00:39:27,743 --> 00:39:30,663
'Don't fuck with me, ' Jason
warned him. 'I mean it.'
664
00:39:31,246 --> 00:39:33,666
But Brent just laughed
and grabbed him by the arm,
665
00:39:33,749 --> 00:39:36,249
twisting it back like he'd
done so many times before.
666
00:39:36,877 --> 00:39:40,457
'Stop. You're hurting me, ' Jason
said. But it didn't hurt that much.
667
00:39:41,006 --> 00:39:43,966
He just wanted Brent to
think that, so he would let go.
668
00:39:44,593 --> 00:39:48,183
Brent laughed again, the way
he always did, a fake laugh.
669
00:39:48,972 --> 00:39:51,562
Jason's hand slipped
into his sweatshirt pocket.
670
00:39:52,142 --> 00:39:54,392
There it was, his trusted friend.
671
00:39:54,978 --> 00:39:58,478
He curled his fingers around the grip
and felt a surge of power through his arm,
672
00:39:58,565 --> 00:39:59,855
up into his shoulder.
673
00:39:59,942 --> 00:40:01,992
He knew there was no turning back now.
674
00:40:02,069 --> 00:40:03,699
The park seemed to know it too.
675
00:40:03,779 --> 00:40:06,449
He could hear the breeze in
the leaves and birds chirping.
676
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.
677
00:40:10,744 --> 00:40:15,174
It slipped in so easily Jason thought
he was stabbing air. That surprised him.
678
00:40:15,249 --> 00:40:18,629
He did it twice more, telling his
brain to remember the feeling for later.
679
00:40:22,047 --> 00:40:24,007
Brent fell backward and
rolled down the slope,
680
00:40:24,091 --> 00:40:26,051
until he stopped down below.
681
00:40:26,134 --> 00:40:28,644
Jason knew he should go,
but he couldn't help himself.
682
00:40:28,720 --> 00:40:31,220
He went down to Brent's
body to make sure he was dead.
683
00:40:31,306 --> 00:40:33,846
The smell of blood in the
air made him feel dizzy.
684
00:40:33,934 --> 00:40:37,444
He found a small stream nearby and
washed the knife off, and his hand too.
685
00:40:37,521 --> 00:40:41,441
He could see his reflection in the water,
but his face looked different to him now.
686
00:40:41,525 --> 00:40:43,985
'It'll be our secret, ' it seemed to say.
687
00:40:47,739 --> 00:40:48,909
"The End."
688
00:40:54,204 --> 00:41:00,134
[NEAL] This story was posted three
days after Ben Rifkin's body was found?
689
00:41:01,670 --> 00:41:02,670
[DEREK] Yeah.
690
00:41:02,754 --> 00:41:05,514
[HEARTBEAT]
691
00:41:06,717 --> 00:41:08,597
[NEAL, MUTED] No further
questions, Your Honor.
692
00:41:10,387 --> 00:41:11,656
[JUDGE FRENCH, MUTED] Ms. Klein?
693
00:41:11,680 --> 00:41:14,180
[HEARTBEAT CONTINUES]
694
00:41:22,900 --> 00:41:23,900
No.
695
00:41:24,818 --> 00:41:25,938
No, we weren't prepared.
696
00:41:27,237 --> 00:41:30,657
A surprising turn of events sent shock
waves through the courtroom today
697
00:41:30,741 --> 00:41:33,621
as testimony from one of
Jacob Barber's classmates
698
00:41:33,702 --> 00:41:37,712
provided the prosecution with
some extremely damaging evidence.
699
00:41:37,789 --> 00:41:41,959
The reaction from the jurors
was palpable, to say the least.
700
00:42:04,525 --> 00:42:05,645
[CAR DOOR CLOSES]
701
00:42:09,488 --> 00:42:10,528
[CAR DOOR OPENS]
702
00:42:12,074 --> 00:42:13,124
[CAR DOOR CLOSES]
703
00:42:20,999 --> 00:42:22,499
It was just a story.
704
00:42:32,052 --> 00:42:34,142
I didn't know it would be a big deal.
705
00:42:40,394 --> 00:42:41,404
Did you do it?
706
00:42:44,565 --> 00:42:46,225
Just tell me. Did you kill him?
707
00:42:56,910 --> 00:42:57,950
No.
708
00:43:04,960 --> 00:43:05,960
No.
709
00:43:14,469 --> 00:43:16,049
[SEAT BELT CLICKS]
710
00:43:18,432 --> 00:43:19,892
[ENGINE STARTS]
711
00:43:25,814 --> 00:43:29,114
I could ask the judge to issue a
bench warrant for Matt McGrath.
712
00:43:29,735 --> 00:43:33,105
He won't. Not for some secondary
witness holed up in Florida.
713
00:43:34,323 --> 00:43:36,583
We don't have a choice.
We gotta go straight at Patz.
714
00:43:36,658 --> 00:43:38,303
Yeah, his subpoena was served this morning.
715
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.
716
00:43:41,330 --> 00:43:45,080
We gotta run every play we have.
Not just on the Patz front, Derek too.
717
00:43:45,959 --> 00:43:47,999
You don't think we covered Derek on cross?
718
00:43:49,671 --> 00:43:51,221
You did your best.
719
00:43:51,924 --> 00:43:53,134
You were distracted.
720
00:43:54,426 --> 00:43:55,676
Everyone was.
721
00:43:56,345 --> 00:43:57,755
[ANDY SIGHS]
722
00:43:59,264 --> 00:44:03,814
We need to backstop Patz. I say we
go harder on Derek, subpoena Sarah.
723
00:44:04,520 --> 00:44:05,980
[JOANNA] Andy, we discussed this.
724
00:44:06,063 --> 00:44:09,233
That was before. We need Sarah
to hammer home Derek's obsession.
725
00:44:09,316 --> 00:44:11,816
We need to have her
repeat his words on the stand.
726
00:44:11,902 --> 00:44:13,742
Yeah, you're right. That could be powerful.
727
00:44:13,820 --> 00:44:15,160
Show the jury the selfie again.
728
00:44:15,239 --> 00:44:16,239
No.
729
00:44:17,616 --> 00:44:20,616
I don't wanna bring her into
this. It's my trial. I'm saying no.
730
00:44:21,870 --> 00:44:23,870
Sorry, but you don't get
a say in this anymore.
731
00:44:26,792 --> 00:44:28,382
Not after today.
732
00:44:42,266 --> 00:44:44,726
[JOANNA] I'll get into
it first thing tomorrow.
733
00:45:00,033 --> 00:45:01,163
[NOTIFICATION CHIME]
734
00:45:10,377 --> 00:45:11,627
[NOTIFICATION CHIME]
735
00:45:13,881 --> 00:45:15,171
[MESSAGE CHIME]
736
00:45:28,437 --> 00:45:30,557
[COMPUTER RINGING]
737
00:45:33,817 --> 00:45:35,277
[PHONE RINGING]
738
00:46:01,720 --> 00:46:03,510
You haven't said one word all night.
739
00:46:06,600 --> 00:46:07,600
Did you know?
740
00:46:08,477 --> 00:46:09,597
About the story?
741
00:46:10,479 --> 00:46:11,479
No.
742
00:46:11,563 --> 00:46:12,903
Just tell me the truth.
743
00:46:13,440 --> 00:46:15,730
- I am.
- The truth. I need to know.
744
00:46:16,235 --> 00:46:18,315
Laurie, I swear I'm telling you the truth.
745
00:46:18,987 --> 00:46:20,447
What about the website?
746
00:46:20,531 --> 00:46:21,821
The Cut Up Room?
747
00:46:29,456 --> 00:46:31,226
I only kept it from you
'cause I knew it would...
748
00:46:31,250 --> 00:46:32,790
Don't. Don't.
749
00:46:33,502 --> 00:46:34,382
Don't what?
750
00:46:34,461 --> 00:46:37,631
Explain it away like you do
everything. Excuse it away.
751
00:46:37,714 --> 00:46:39,224
I knew it would set you off.
752
00:46:39,716 --> 00:46:42,403
You were already half convinced that
Jacob was guilty. I didn't want to add...
753
00:46:42,427 --> 00:46:43,467
Not anymore.
754
00:46:52,187 --> 00:46:53,607
What'd you just say?
755
00:46:56,567 --> 00:46:57,567
I don't believe him.
756
00:46:58,652 --> 00:47:00,072
Not after what I heard today.
757
00:47:04,283 --> 00:47:05,802
So you're gonna let
this one thing change...
758
00:47:05,826 --> 00:47:07,326
It's always one thing.
759
00:47:07,995 --> 00:47:09,535
Don't you see?
760
00:47:10,080 --> 00:47:13,750
We're guilty too. If we protect
him, we're as guilty as he is.
761
00:47:13,834 --> 00:47:15,937
All right. Just keep your
voice down. He's right upstairs.
762
00:47:15,961 --> 00:47:18,711
I'm not even saying I know
what to do about it. I don't.
763
00:47:19,464 --> 00:47:21,684
But I know what I heard,
and I know what it means.
764
00:47:21,758 --> 00:47:23,138
Laurie, I'm begging you.
765
00:47:23,218 --> 00:47:26,008
Don't talk yourself into something
'cause of some made-up story.
766
00:47:26,096 --> 00:47:28,266
- It's not a story.
- Yes, it is!
767
00:47:29,308 --> 00:47:30,808
This is a kid that bullied him.
768
00:47:30,893 --> 00:47:33,813
He probably fantasized about
hurting him a thousand times.
769
00:47:33,896 --> 00:47:37,266
So he let his imagination
run wild, and he wrote it down.
770
00:47:38,358 --> 00:47:39,358
Maybe...
771
00:47:40,611 --> 00:47:42,911
Maybe he got some sick thrill imagining it.
772
00:47:42,988 --> 00:47:44,568
And is that horrible? Yes.
773
00:47:44,656 --> 00:47:47,326
It's terrible, and it was
wrong, and it was stupid,
774
00:47:47,409 --> 00:47:48,949
but it was a story.
775
00:47:50,245 --> 00:47:52,155
Joanna vetted every single line from it.
776
00:47:52,247 --> 00:47:55,627
There wasn't one detail that hadn't
already been reported by the news.
777
00:47:55,709 --> 00:47:58,549
- He was fantasizing.
- He was confessing.
778
00:48:00,047 --> 00:48:03,127
To call it anything else is just
lawyer spin, and you know it.
779
00:48:04,760 --> 00:48:06,140
What if you knew?
780
00:48:07,804 --> 00:48:11,894
What if you knew in your heart that
our son did this unforgivable thing?
781
00:48:12,434 --> 00:48:15,604
Took the life of another
child? Would it even matter?
782
00:48:15,687 --> 00:48:17,290
I'd still love him, if
that's what you're asking.
783
00:48:17,314 --> 00:48:19,984
No, it's not. I'd still love him too.
784
00:48:20,067 --> 00:48:21,937
I will always love him, no matter what.
785
00:48:22,611 --> 00:48:24,861
You don't know how badly
I wanted to hold him tonight
786
00:48:24,947 --> 00:48:26,174
and tell him it's all going to be okay.
787
00:48:26,198 --> 00:48:28,028
But I can't play this game anymore,
788
00:48:28,575 --> 00:48:30,929
letting him pretend he didn't
do it, pretending to each other.
789
00:48:30,953 --> 00:48:32,623
He's not pretending. He didn't do this.
790
00:48:32,704 --> 00:48:34,224
- I know he didn't do this.
- No, you don't!
791
00:48:34,248 --> 00:48:35,968
No one can sustain that level of deception.
792
00:48:35,999 --> 00:48:39,039
Of course he could. You of
all people should know that.
793
00:48:44,383 --> 00:48:45,553
[SCOFFS]
794
00:48:49,388 --> 00:48:50,428
Yeah.
795
00:48:51,098 --> 00:48:52,388
Yeah, of course.
796
00:48:54,184 --> 00:48:55,604
He learned it from me.
797
00:49:02,025 --> 00:49:03,775
Maybe he learned it from both of us.
798
00:49:10,492 --> 00:49:11,952
What do you want me to say, Laurie?
799
00:49:13,412 --> 00:49:14,412
You're right.
800
00:49:15,455 --> 00:49:16,745
Our marriage is a lie.
801
00:49:17,833 --> 00:49:21,633
Our whole fucking family is based
on a fairy tale, built on nothing.
802
00:49:23,672 --> 00:49:24,842
And our son's a murderer.
803
00:49:26,508 --> 00:49:27,718
Is that what you want to hear?
804
00:49:28,844 --> 00:49:30,054
No.
805
00:49:33,390 --> 00:49:35,140
But that doesn't mean it isn't true.
806
00:49:44,610 --> 00:49:46,450
[FOOTSTEPS ASCENDING STAIRS]
807
00:49:52,075 --> 00:49:54,325
[SOBS]
808
00:50:33,659 --> 00:50:35,159
[WOMAN SCREAMS]
809
00:50:35,827 --> 00:50:38,117
[PEOPLE CHATTERING]
810
00:50:40,207 --> 00:50:43,087
[WOMAN SCREAMS]
811
00:50:53,804 --> 00:50:54,934
[WOMAN ON TV] Hello.
812
00:50:58,934 --> 00:51:00,694
[TV CONTINUES, INDISTINCT]
813
00:51:08,068 --> 00:51:09,148
[SNIFFLES]
814
00:51:13,532 --> 00:51:15,782
[SOBBING]
815
00:51:33,760 --> 00:51:35,140
[SNIFFLES]
816
00:51:36,346 --> 00:51:37,556
[EXHALES]
64405
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