All language subtitles for The Staircase - Chapter 4 - A Prosecution Trickery.eng

af Afrikaans
sq Albanian
am Amharic
ar Arabic
hy Armenian
az Azerbaijani
eu Basque
be Belarusian
bn Bengali
bs Bosnian
bg Bulgarian
ca Catalan
ceb Cebuano
ny Chichewa
zh-CN Chinese (Simplified)
zh-TW Chinese (Traditional)
co Corsican
hr Croatian
cs Czech
da Danish
nl Dutch Download
en English
eo Esperanto
et Estonian
tl Filipino
fi Finnish
fr French
fy Frisian
gl Galician
ka Georgian
de German
el Greek
gu Gujarati
ht Haitian Creole
ha Hausa
haw Hawaiian
iw Hebrew
hi Hindi
hmn Hmong
hu Hungarian
is Icelandic
ig Igbo
id Indonesian
ga Irish
it Italian
ja Japanese
jw Javanese
kn Kannada
kk Kazakh
km Khmer
ko Korean
ku Kurdish (Kurmanji)
ky Kyrgyz
lo Lao
la Latin
lv Latvian
lt Lithuanian
lb Luxembourgish
mk Macedonian
mg Malagasy
ms Malay
ml Malayalam
mt Maltese
mi Maori
mr Marathi
mn Mongolian
my Myanmar (Burmese)
ne Nepali
no Norwegian
ps Pashto
fa Persian
pl Polish Download
pt Portuguese
pa Punjabi
ro Romanian
ru Russian
sm Samoan
gd Scots Gaelic
sr Serbian
st Sesotho
sn Shona
sd Sindhi
si Sinhala
sk Slovak
sl Slovenian
so Somali
es Spanish Download
su Sundanese
sw Swahili
sv Swedish
tg Tajik
ta Tamil
te Telugu
th Thai
tr Turkish
uk Ukrainian
ur Urdu
uz Uzbek
vi Vietnamese
cy Welsh
xh Xhosa
yi Yiddish
yo Yoruba
zu Zulu
or Odia (Oriya)
rw Kinyarwanda
tk Turkmen
tt Tatar
ug Uyghur
Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:01:39,020 --> 00:01:41,059 Boy, is that ever incendiary, right? 2 00:01:41,060 --> 00:01:42,699 Jesus Christ. 3 00:01:42,700 --> 00:01:44,020 Yes, it is. 4 00:01:47,220 --> 00:01:49,179 That's just an outrage. 5 00:01:49,180 --> 00:01:51,099 That's just a fucking outrage. 6 00:01:55,059 --> 00:01:58,578 Hey, how are you? Er, we just got the autopsy report. 7 00:01:58,579 --> 00:02:01,059 Give me your fax number so I can fax it to you. 8 00:02:02,699 --> 00:02:04,258 Yes, ma'am. 9 00:02:04,259 --> 00:02:05,699 Right. 10 00:02:06,739 --> 00:02:11,498 8722. I'll fax it right now and then, er... 11 00:02:11,499 --> 00:02:12,739 I'll call you back. 12 00:02:16,179 --> 00:02:18,299 Oh, Jesus! 13 00:02:19,859 --> 00:02:21,697 Me again. 14 00:02:21,698 --> 00:02:25,617 I'm going to fax...uh, we just got the autopsy report. 15 00:02:25,618 --> 00:02:28,737 Can I fax it to you? Are you at your office? 16 00:02:28,738 --> 00:02:31,217 I have to go back to court at 2.30, 17 00:02:31,218 --> 00:02:34,857 and the press is trying to unseal this thing, 18 00:02:34,858 --> 00:02:38,098 so I need to talk with you some before 2.30. 19 00:02:39,418 --> 00:02:43,377 OK. I'll get it to you right away. 20 00:02:43,378 --> 00:02:45,298 Thank you. Bye-bye. 21 00:02:48,378 --> 00:02:52,296 Hey. I got this autopsy on this Germany thing. 22 00:02:52,297 --> 00:02:55,736 As soon as you take a look at it, would you call me? 23 00:02:55,737 --> 00:02:59,136 Well, they concluded these injuries were as a result 24 00:02:59,137 --> 00:03:03,817 of a homicidal attack, so I need for you to take a look at this. 25 00:03:06,337 --> 00:03:08,337 MUTTERING 26 00:03:10,177 --> 00:03:13,216 I mean, I've read... How many autopsies we read? Never seen that. 27 00:03:13,217 --> 00:03:14,337 Never. 28 00:03:15,857 --> 00:03:19,617 Hi, is John around, please? Thank you. 29 00:03:20,816 --> 00:03:22,255 Dave Rudolf. 30 00:03:22,256 --> 00:03:24,375 I've got a question for you. 31 00:03:24,376 --> 00:03:29,295 I've read 260 autopsies from blunt trauma to the head 32 00:03:29,296 --> 00:03:32,935 and never once did I see any of your people say, 33 00:03:32,936 --> 00:03:37,975 "The inflicted trauma is clearly from a homicidal assault." 34 00:03:37,976 --> 00:03:39,576 Um... 35 00:03:42,096 --> 00:03:47,055 All right, well, could you call me back after you get done? 36 00:03:47,056 --> 00:03:49,216 Yeah, I appreciate it. Thanks. 37 00:03:54,175 --> 00:03:56,175 Outrageous. 38 00:04:02,895 --> 00:04:08,494 I just know that, um, my mom died in '85. 39 00:04:08,495 --> 00:04:13,335 Think it was the winter of '85, and, um... 40 00:04:14,935 --> 00:04:16,734 ..she...she... 41 00:04:16,735 --> 00:04:19,214 I know that she died of a brain haemorrhage. 42 00:04:19,215 --> 00:04:21,453 She had been having many headaches before. 43 00:04:21,454 --> 00:04:24,373 I mean, there's people... many people have said this, 44 00:04:24,374 --> 00:04:27,493 that she called her mother, complaining of headaches. 45 00:04:27,494 --> 00:04:30,893 She hated doctors. Like, I don't like doctors either. 46 00:04:30,894 --> 00:04:33,013 Neither does Martha. 47 00:04:33,014 --> 00:04:37,653 Um...so she didn't want to go see one, no matter how much, you know... 48 00:04:37,654 --> 00:04:42,373 Mike and Patty, I guess, told her to go 49 00:04:42,374 --> 00:04:45,693 and she basically died 50 00:04:45,694 --> 00:04:48,933 before she even hit the bottom of the stairs 51 00:04:48,934 --> 00:04:52,772 and I-I think it's interesting, you know, 52 00:04:52,773 --> 00:04:56,012 that they both were found at the bottom of the stairs, 53 00:04:56,013 --> 00:04:57,772 but at the same time, 54 00:04:57,773 --> 00:05:01,292 the two things they had in common besides being my mothers were 55 00:05:01,293 --> 00:05:04,932 that Dad loved them both very, very, very much, 56 00:05:04,933 --> 00:05:08,532 and he would have never, ever hurt either of them, 57 00:05:08,533 --> 00:05:13,252 so I think that's what they have in common more than anything malicious. 58 00:05:13,253 --> 00:05:15,172 So... 59 00:05:15,173 --> 00:05:17,572 The autopsy report released this afternoon 60 00:05:17,573 --> 00:05:20,332 details how this woman died more than a decade ago. 61 00:05:20,333 --> 00:05:24,131 The Ratliff autopsy report says her fatal wounds appear to be 62 00:05:24,132 --> 00:05:26,611 the result of several blows to the head, 63 00:05:26,612 --> 00:05:29,731 injuries that happened while Ratliff was still alive. 64 00:05:29,732 --> 00:05:33,211 The conclusion - those injuries came from a homicidal assault. 65 00:05:33,212 --> 00:05:35,891 That's inflammatory. That's not a doctor... 66 00:05:35,892 --> 00:05:37,971 That's what a jury determines. 67 00:05:37,972 --> 00:05:40,011 Now the Peterson defence team 68 00:05:40,012 --> 00:05:43,771 hopes this report will not prejudice a potential jury. 69 00:05:43,772 --> 00:05:46,371 All right, it gets curioser and curioser. 70 00:05:46,372 --> 00:05:49,211 You can read the entire autopsy report on our website 71 00:05:49,212 --> 00:05:50,971 at abc11tv.com. 72 00:05:55,011 --> 00:05:58,730 I've had one of my biggest fuckings in court ever. 73 00:05:58,731 --> 00:06:01,450 The judge unsealed all this stuff, 74 00:06:01,451 --> 00:06:03,850 you know, this new autopsy. 75 00:06:03,851 --> 00:06:07,810 The headlines tonight are, "Homicidal Assault". 76 00:06:07,811 --> 00:06:09,650 Just outrageous. 77 00:06:09,651 --> 00:06:12,730 Anyway, I think I'm going to need to call these people 78 00:06:12,731 --> 00:06:15,330 as witnesses on Wednesday, and I think I'm going to need 79 00:06:15,331 --> 00:06:18,450 your presence here to help me cross-examine them. 80 00:06:18,451 --> 00:06:22,729 Yeah, and we're going to have... you know, I'm going to have 81 00:06:22,730 --> 00:06:26,569 to cross-examine them pretty vigorously, I think, so... Yes. 82 00:06:26,570 --> 00:06:28,649 Yes, I want you to be there when he testifies 83 00:06:28,650 --> 00:06:30,210 so that we can cross-examine him. 84 00:06:31,210 --> 00:06:33,769 All right? 85 00:06:33,770 --> 00:06:36,409 Well, if this is admitted the way it stands, 86 00:06:36,410 --> 00:06:39,689 the one we got from the medical examiner, will that hurt your case? 87 00:06:39,690 --> 00:06:42,089 Well, keep in mind it's not... This doesn't get admitted. 88 00:06:42,090 --> 00:06:45,809 Somebody's going to have to get up on the witness stand and testify, 89 00:06:45,810 --> 00:06:49,289 and that's really the unfairness of this current procedure - 90 00:06:49,290 --> 00:06:52,528 what gets released to the public right now 91 00:06:52,529 --> 00:06:56,608 is simply a one-sided report that we haven't had 92 00:06:56,609 --> 00:06:58,768 a chance to ask any questions about, 93 00:06:58,769 --> 00:07:04,008 and I think that's part of the problem here is that all that 94 00:07:04,009 --> 00:07:07,968 gets put into the news media is, you know, 95 00:07:07,969 --> 00:07:14,728 a fairly inflammatory statement that is completely unnecessary 96 00:07:14,729 --> 00:07:20,008 to the autopsy findings, and were just sort of gratuitous, and, 97 00:07:20,009 --> 00:07:21,847 you know, I don't blame you guys. 98 00:07:21,848 --> 00:07:23,367 It was put in there because 99 00:07:23,368 --> 00:07:26,247 that's exactly what you guys would gravitate to. 100 00:07:26,248 --> 00:07:30,207 Those aren't really lined up the way... They're not anything like... 101 00:07:30,208 --> 00:07:33,127 They are, interestingly enough, mainly curved in some way. 102 00:07:33,128 --> 00:07:34,927 I don't know the significance of that. 103 00:07:34,928 --> 00:07:37,567 This one, this one, this one, curved... 104 00:07:37,568 --> 00:07:42,047 This is kind of curved with a split. Kathleen's or... 105 00:07:42,048 --> 00:07:44,567 It's almost like something... 106 00:07:44,568 --> 00:07:47,607 I don't know what caused this curvature, for example. 107 00:07:47,608 --> 00:07:49,927 Is that indicative of something? 108 00:07:49,928 --> 00:07:55,687 Can only Kathleen...? Let's get her... Let's get her autopsy. 109 00:08:04,207 --> 00:08:06,287 That... That's the same? 110 00:08:08,127 --> 00:08:09,886 The truth is, these are spread out more. 111 00:08:09,887 --> 00:08:11,246 You've got the top of the head, 112 00:08:11,247 --> 00:08:13,206 you've got the hair, you've got the left... 113 00:08:13,207 --> 00:08:15,966 Oh, yeah, you've also got bruising on the back of the neck, 114 00:08:15,967 --> 00:08:17,846 which would be indicative of... 115 00:08:17,847 --> 00:08:19,366 Falling. Falling, right. 116 00:08:19,367 --> 00:08:22,645 The top... How do you bang someone in the top of the head? What? 117 00:08:22,646 --> 00:08:26,685 You know, this is supposed to be a signature thing. 118 00:08:26,686 --> 00:08:30,805 You know, there's supposed to be some way in which these are similar. 119 00:08:30,806 --> 00:08:32,245 How does one... 120 00:08:32,246 --> 00:08:33,365 Other than the fact 121 00:08:33,366 --> 00:08:36,366 that they're both found at the bottom of stairs... 122 00:08:55,245 --> 00:08:58,324 You get a false impression, I think a misleading impression... 123 00:08:58,325 --> 00:08:59,724 Yeah, I was surprised 124 00:08:59,725 --> 00:09:03,364 when I saw the photographs how close together they were. 125 00:09:03,365 --> 00:09:07,924 Those look like pattern injuries or crescent-shaped things 126 00:09:07,925 --> 00:09:09,564 from some sort of instrument. 127 00:09:09,565 --> 00:09:12,844 When you look at the photographs, I don't get that impression at all. 128 00:09:12,845 --> 00:09:14,005 No, no, not at all. 129 00:09:27,284 --> 00:09:30,843 Yeah, looking at the sketch, this... it doesn't work for me. 130 00:09:30,844 --> 00:09:34,163 I mean, the pictures, that's the work of... 131 00:09:34,164 --> 00:09:36,243 The sketch is just simply that, 132 00:09:36,244 --> 00:09:42,964 but I don't think they truly reflect very well what is in these pictures. 133 00:09:46,524 --> 00:09:48,923 Here. The correspondence... 134 00:09:48,924 --> 00:09:52,722 I mean, if that's what they're relying on to reconstruct 135 00:09:52,723 --> 00:09:56,242 and to draw conclusions on... this is very misleading. 136 00:09:56,243 --> 00:09:58,522 The diagram is very misleading. Cos of... 137 00:09:58,523 --> 00:10:03,082 These look like they're linear, linear and simple. 138 00:10:03,083 --> 00:10:04,642 These are not simple. 139 00:10:04,643 --> 00:10:08,802 They're very complex, and when you do this sort of thing, 140 00:10:08,803 --> 00:10:13,762 what sort of impacts produce scalp lacerations like that? 141 00:10:13,763 --> 00:10:17,082 Yeah. Probably not blows. I mean, what instrument would do that? 142 00:10:17,083 --> 00:10:18,842 Ah, I see. 143 00:10:18,843 --> 00:10:24,281 These are more characteristic of impacts where the skin just splits. 144 00:10:24,282 --> 00:10:25,602 Right. 145 00:10:27,442 --> 00:10:30,081 Well, the hearing tomorrow, on Ratliff, 146 00:10:30,082 --> 00:10:33,281 I think is probably the most important hearing, 147 00:10:33,282 --> 00:10:37,121 may very well be the most important day in court 148 00:10:37,122 --> 00:10:39,561 that we have in this entire case. 149 00:10:39,562 --> 00:10:43,601 I think that the evidence about the death in Germany, 150 00:10:43,602 --> 00:10:45,561 if it comes in, 151 00:10:45,562 --> 00:10:49,761 will have a substantial impact even subconsciously 152 00:10:49,762 --> 00:10:53,960 on how the jurors evaluate the evidence in this case, 153 00:10:53,961 --> 00:10:56,840 even though there's not a shred of evidence that Michael 154 00:10:56,841 --> 00:11:00,640 had anything to do with Elizabeth Ratliff's death. 155 00:11:00,641 --> 00:11:04,800 The mere fact that it comes in evidence will have an impact, 156 00:11:04,801 --> 00:11:09,720 so my view is that if we win the motion tomorrow 157 00:11:09,721 --> 00:11:14,000 and keep the Ratliff evidence out, because it's not relevant, 158 00:11:14,001 --> 00:11:16,120 this is not a technicality... 159 00:11:16,121 --> 00:11:17,800 Because it's not relevant 160 00:11:17,801 --> 00:11:21,119 and because the state can't show that it's relevant, 161 00:11:21,120 --> 00:11:24,439 we will have a very good chance of winning this trial, 162 00:11:24,440 --> 00:11:29,360 because the rest of the evidence, I think, is pretty minimal. 163 00:11:40,560 --> 00:11:45,759 Well, what we've done is we've subpoenaed their witnesses, 164 00:11:45,760 --> 00:11:49,879 some of the doctors who have done the autopsies, 165 00:11:49,880 --> 00:11:54,558 and we want to put them on the stand and force them to do more 166 00:11:54,559 --> 00:11:57,198 than just give their bare conclusions. 167 00:11:57,199 --> 00:11:59,878 Their reports are very bare bones. 168 00:11:59,879 --> 00:12:03,358 What we want to do is we want to get them on the stand and be able 169 00:12:03,359 --> 00:12:08,398 to ask them the hard questions that they don't address in their reports 170 00:12:08,399 --> 00:12:13,239 to show that the basis of their conclusions is simply flawed. 171 00:12:15,079 --> 00:12:19,118 This is the kind of evidence that can really prejudice and taint 172 00:12:19,119 --> 00:12:21,597 a trial unfairly. 173 00:12:21,598 --> 00:12:23,557 It's the kind of evidence 174 00:12:23,558 --> 00:12:28,158 that courts have traditionally said you just don't let in. 175 00:12:31,678 --> 00:12:36,118 In my opinion, the '85 death... 176 00:12:37,758 --> 00:12:41,357 If the state try to introduce evidence of that in the court, 177 00:12:41,358 --> 00:12:43,637 it could come in any number of ways 178 00:12:43,638 --> 00:12:46,797 for which I will listen to arguments about... 179 00:12:46,798 --> 00:12:48,397 Has the state filed 180 00:12:48,398 --> 00:12:53,236 a motion to have the court consider Miss Ratliff's death? 181 00:12:53,237 --> 00:12:56,396 We are not a proponent of that evidence at this point, 182 00:12:56,397 --> 00:13:02,236 and will not be until the court actually is involved in this trial 183 00:13:02,237 --> 00:13:05,596 and begins hearing evidence of all these matters. 184 00:13:05,597 --> 00:13:11,956 Judge, um...two weeks ago, or three weeks ago, you sat there 185 00:13:11,957 --> 00:13:16,796 and agreed that this was an issue, particularly Ratliff... 186 00:13:16,797 --> 00:13:18,156 It is an issue. 187 00:13:18,157 --> 00:13:20,076 Well, that has to be decided 188 00:13:20,077 --> 00:13:23,275 before jury selection for very good reasons. 189 00:13:23,276 --> 00:13:25,795 I'm not aware of any law that... 190 00:13:25,796 --> 00:13:29,275 that the court can direct the state to do it. 191 00:13:29,276 --> 00:13:32,675 No, what the court can... I mean, I can...I can... 192 00:13:32,676 --> 00:13:35,235 I'm not sure there's a North Carolina state law 193 00:13:35,236 --> 00:13:36,595 that the court can order 194 00:13:36,596 --> 00:13:39,395 the state to do something. I don't think you can order them to do that. 195 00:13:39,396 --> 00:13:42,715 What you can do is say, "If you don't file the notice and have 196 00:13:42,716 --> 00:13:47,355 "the hearing today, you're not going to be allowed to introduce 197 00:13:47,356 --> 00:13:51,594 "that evidence, because it's prejudicial to the defence." 198 00:13:51,595 --> 00:13:54,914 Let's just look at this from a practical perspective. 199 00:13:54,915 --> 00:13:57,394 If I don't know whether or not that's coming in. 200 00:13:57,395 --> 00:13:58,794 I've got to assume it is. 201 00:13:58,795 --> 00:14:02,554 And therefore I'm going to spend lots of time in opening statement 202 00:14:02,555 --> 00:14:05,834 talking to the jurors about that, finding out what they think 203 00:14:05,835 --> 00:14:08,874 and talking about the facts and all of that stuff. 204 00:14:08,875 --> 00:14:13,034 So now all of a sudden, Mr Hardin says, "Judge, I'm sorry, 205 00:14:13,035 --> 00:14:15,714 "we're not going to introduce," right? 206 00:14:15,715 --> 00:14:19,154 Now, are you going to instruct the jury to disregard everything 207 00:14:19,155 --> 00:14:22,593 that I said in my opening statement? 208 00:14:22,594 --> 00:14:24,473 How is that... 209 00:14:24,474 --> 00:14:29,073 How are you going to instruct them to disregard what I said and have me 210 00:14:29,074 --> 00:14:33,633 maintain my credibility with a jury that is deciding my client's life? 211 00:14:33,634 --> 00:14:37,513 I believe, frankly, it would be ineffective assistance to counsel 212 00:14:37,514 --> 00:14:39,633 for him not to deal with it, 213 00:14:39,634 --> 00:14:42,433 whether the evidence is admissible or not, 214 00:14:42,434 --> 00:14:46,753 because it's out there, the news media has spent three or four days 215 00:14:46,754 --> 00:14:51,472 using the same footage of the exhumation down in Texas. 216 00:14:51,473 --> 00:14:54,672 It's still going on up until this morning, 217 00:14:54,673 --> 00:14:58,712 which raises another question about all of these interviews that 218 00:14:58,713 --> 00:15:02,512 Mr Rudolf likes to give to the media about the evidence. 219 00:15:02,513 --> 00:15:06,752 My client's wanted this trial to proceed for a long time. 220 00:15:06,753 --> 00:15:13,432 The DA delayed that exhumation for months and months and months. 221 00:15:13,433 --> 00:15:18,952 Now, two weeks before, or three weeks before trial, he decides 222 00:15:18,953 --> 00:15:24,551 to go ahead with an exhumation, and that is simply unfair. 223 00:15:24,552 --> 00:15:28,751 He did it intentionally, he did it knowingly. He stands here 224 00:15:28,752 --> 00:15:34,551 and talks sanctimoniously about how I'm talking to the press 225 00:15:34,552 --> 00:15:38,271 in response to a medical examiner's report... 226 00:15:38,272 --> 00:15:40,231 I knew you would bring that up. Yeah... 227 00:15:40,232 --> 00:15:46,551 ..that gratuitously uses the term "homicidal attack", or "assault". 228 00:15:46,552 --> 00:15:50,790 And I'm supposed to sit back and allow my client to be prejudiced 229 00:15:50,791 --> 00:15:56,151 by that and buy this show that he's put together... 230 00:15:57,431 --> 00:15:59,631 ..and just sit back and do nothing? 231 00:16:03,271 --> 00:16:07,630 The court declines Mr Rudolf and his discretion to determine 232 00:16:07,631 --> 00:16:13,991 the admissibility of the death of Miss Ratliff... 233 00:16:16,791 --> 00:16:18,230 ..today, 234 00:16:18,231 --> 00:16:22,029 and pre-trial, court in its discretion 235 00:16:22,030 --> 00:16:26,589 will rule on its admissibility when proffered 236 00:16:26,590 --> 00:16:32,189 by the state of North Carolina as evidence of this particular case. 237 00:16:32,190 --> 00:16:36,189 You know, I subpoenaed all three medical examiners 238 00:16:36,190 --> 00:16:40,389 and was prepared to cross-examine all of them. Today. Today! 239 00:16:40,390 --> 00:16:44,269 So why is it that it's OK for them 240 00:16:44,270 --> 00:16:50,308 to write reports that have conclusions like "homicidal assault" 241 00:16:50,309 --> 00:16:54,628 and yet not have to get up on a witness stand today? 242 00:16:54,629 --> 00:16:56,428 What is his sexual preference? 243 00:16:56,429 --> 00:16:59,348 What is whose sexual preference, Mr Hardin's? The client's. 244 00:16:59,349 --> 00:17:03,108 Not Mr Hardin's! Oh, I don't know what Mr Hardin's is. You know... 245 00:17:03,109 --> 00:17:06,068 Would you really expect... What's your sexual... Come on! 246 00:17:06,069 --> 00:17:08,268 No, your guy's on trial - I'm not. 247 00:17:08,269 --> 00:17:09,708 Well, we can change that. 248 00:17:09,709 --> 00:17:12,229 No, I'm not going to answer those kind of questions. OK. 249 00:17:29,868 --> 00:17:33,227 INAUDIBLE 250 00:17:33,228 --> 00:17:36,667 Well, wherever's... 251 00:17:36,668 --> 00:17:39,187 Get me a Diet Coke... 252 00:17:39,188 --> 00:17:40,748 BARKING 253 00:17:43,228 --> 00:17:45,267 Where the hell's your silverware? 254 00:17:45,268 --> 00:17:50,786 Er, on the right, in the top...second drawer. 255 00:17:50,787 --> 00:17:54,626 I keep the pans and the other stuff in the top drawer. 256 00:17:54,627 --> 00:17:57,906 INAUDIBLE 257 00:17:57,907 --> 00:18:03,346 There is no doubt in my mind that those two guys knew exactly 258 00:18:03,347 --> 00:18:08,026 what was going to happen before that hearing started. 259 00:18:08,027 --> 00:18:11,466 I mean, the little speech that Orlando did at the beginning, 260 00:18:11,467 --> 00:18:17,266 you know, Hardin... He didn't say to Hardin, "What are you talking about? 261 00:18:17,267 --> 00:18:19,426 "We're here for a hearing!" 262 00:18:19,427 --> 00:18:21,145 You know? Er... 263 00:18:21,146 --> 00:18:23,665 "What do you mean, you don't think we ought to go forward? 264 00:18:23,666 --> 00:18:28,305 "I mean, on Monday we sat here for three...all day talking about 265 00:18:28,306 --> 00:18:30,385 "whether this hearing should be closed or not - 266 00:18:30,386 --> 00:18:31,825 "you didn't say anything then!" 267 00:18:31,826 --> 00:18:35,665 I just don't understand it. I mean, what's in it for Judge Hudson...? 268 00:18:35,666 --> 00:18:38,345 There's got to be a political pay-off somewhere. 269 00:18:38,346 --> 00:18:39,945 That's all I can say. 270 00:18:39,946 --> 00:18:43,306 I don't know what it is, but there's something in it for him. 271 00:18:47,186 --> 00:18:49,985 No, I mean, do you have any doubt that this was...? 272 00:18:49,986 --> 00:18:53,384 INAUDIBLE You ask me, it's been scripted. 273 00:18:53,385 --> 00:18:56,984 It was just choreographed. It was just completely choreographed. 274 00:18:56,985 --> 00:19:01,224 I've been in front of lots of judges with lots of prosecutors 275 00:19:01,225 --> 00:19:04,184 in lots of situations, and I've got to tell you, 276 00:19:04,185 --> 00:19:09,224 I have never, ever seen something like that before. Never. 277 00:19:09,225 --> 00:19:11,544 I don't think David and I don't think Tom, you know, 278 00:19:11,545 --> 00:19:14,904 believe me, or anybody from the beginning, but when I said, 279 00:19:14,905 --> 00:19:19,904 this isn't Chapel Hill, this isn't Charlotte...this is Durham. 280 00:19:19,905 --> 00:19:23,543 It's unique, it's particular, it's dirty, it's corrupt, 281 00:19:23,544 --> 00:19:25,383 it's small, you know, 282 00:19:25,384 --> 00:19:27,783 I don't think anybody knows this town better than I do, 283 00:19:27,784 --> 00:19:30,023 and I... It's what I've believed for years, 284 00:19:30,024 --> 00:19:33,023 and I told you guys from the beginning that this is it. 285 00:19:33,024 --> 00:19:37,223 I've had a personal relationship with Orlando for years, and it never 286 00:19:37,224 --> 00:19:43,223 got through to me that it could affect him personally in that way. 287 00:19:43,224 --> 00:19:46,824 Yeah, but... I just find him disgusting. 288 00:19:50,184 --> 00:19:54,982 So...the Ratliff stuff is coming in evidence. 289 00:19:54,983 --> 00:19:57,942 The gay stuff is coming in evidence. Sure. All right? 290 00:19:57,943 --> 00:20:02,022 So we've got to deal with it, no matter what. 291 00:20:02,023 --> 00:20:04,662 You can almost turn this into a challenge to the DA! 292 00:20:04,663 --> 00:20:07,382 We don't know if it's coming or not. Do we think it's a joke? 293 00:20:07,383 --> 00:20:10,182 But these are the reasons why, if they let you get into that. 294 00:20:10,183 --> 00:20:12,182 If he brings it in, we'll talk about it then, 295 00:20:12,183 --> 00:20:15,342 then when it doesn't come in, you look like a hero. 296 00:20:15,343 --> 00:20:17,342 You look like you're real smart. 297 00:20:17,343 --> 00:20:19,102 For a change. 298 00:20:19,103 --> 00:20:20,501 THEY LAUGH 299 00:20:20,502 --> 00:20:22,022 Be nice! 300 00:20:25,222 --> 00:20:27,862 Moral support here is very important! 301 00:20:29,502 --> 00:20:33,141 This is going to be a long and arduous trial. 302 00:20:33,142 --> 00:20:36,701 He's only got one kidney. I'm sick. I'm sick. 303 00:20:36,702 --> 00:20:39,861 I just want you to understand that he makes these comments 304 00:20:39,862 --> 00:20:41,901 but you're the one that's going to prison. 305 00:20:41,902 --> 00:20:43,302 THEY LAUGH 306 00:20:53,701 --> 00:20:57,780 If it's coming in, that's a given... It's coming in. It's coming in. 307 00:20:57,781 --> 00:21:02,820 If that's the given, then I agree, you've got to go forward with it. 308 00:21:02,821 --> 00:21:05,820 My presumption right now 309 00:21:05,821 --> 00:21:10,740 is that I'm going to take on the Ratliff thing in some way. 310 00:21:10,741 --> 00:21:13,700 I'm going to, in some way, 311 00:21:13,701 --> 00:21:20,219 present to the jury that it's not fair to try this stuff in the media. 312 00:21:20,220 --> 00:21:21,779 It's not fair. 313 00:21:21,780 --> 00:21:26,659 It's not our way to dig up bodies two weeks before trial 314 00:21:26,660 --> 00:21:29,579 so that there's a whole bunch of publicity. 315 00:21:29,580 --> 00:21:33,139 That doesn't satisfy anybody's burden of proof. 316 00:21:33,140 --> 00:21:38,059 The only way you satisfy a burden of proof is by bringing in the witness. 317 00:21:38,060 --> 00:21:41,979 You have that presumption of innocence and a reasonable doubt. 318 00:21:41,980 --> 00:21:44,659 They've got to overcome that. 319 00:21:44,660 --> 00:21:48,979 The bar of reasonable doubt has been raised significantly now 320 00:21:48,980 --> 00:21:50,938 in the light of the Ratliff. 321 00:21:50,939 --> 00:21:54,658 So it's, instead of being there, which could play it safe, 322 00:21:54,659 --> 00:21:57,938 "Oh, well, they didn't prove this or these alternative things", 323 00:21:57,939 --> 00:22:01,658 with this "coincidence" it's now up to here. 324 00:22:01,659 --> 00:22:05,178 Anyway, all right, I think were done. 325 00:22:05,179 --> 00:22:08,178 You know, this was important for you all to be a part of. Yeah, I agree. 326 00:22:08,179 --> 00:22:10,338 So that you know what my thinking is, all right? 327 00:22:10,339 --> 00:22:14,458 I think this is what our thinking was all along. OK. All right. 328 00:22:14,459 --> 00:22:18,459 In terms of look and dress and that tomorrow... Right. 329 00:22:19,819 --> 00:22:24,977 ..your eyebrows need to be trimmed. OK. You need to be shaved. Right. 330 00:22:24,978 --> 00:22:28,497 You need to look neat, you need to look rested. All right? 331 00:22:28,498 --> 00:22:31,337 If you need to take a Valium... 332 00:22:31,338 --> 00:22:33,897 Sure. ..take a Valium, because you know what? 333 00:22:33,898 --> 00:22:37,737 You're not going to be needing to do anything other than sort of zone in. 334 00:22:37,738 --> 00:22:40,777 I know that. That's what I was... I don't have any Valium. 335 00:22:40,778 --> 00:22:43,097 You don't need to fall asleep. No, no, no. 336 00:22:43,098 --> 00:22:46,377 And also, the other thing is, you know, you're going to probably 337 00:22:46,378 --> 00:22:48,897 hear some things that are going to be hard to hear, 338 00:22:48,898 --> 00:22:52,016 and if somebody says, "Well, we think he's absolutely guilty 339 00:22:52,017 --> 00:22:54,216 "and why aren't they seeking the death penalty?" 340 00:22:54,217 --> 00:22:56,336 "Why don't we just lynch him right here?" Right. 341 00:22:56,337 --> 00:22:58,296 Yeah, you're not going to send them daggers, 342 00:22:58,297 --> 00:23:02,376 which you don't seem like the kind of person who would do that anyway. 343 00:23:02,377 --> 00:23:05,496 Yeah, and you know, the truth is, if somebody says that, 344 00:23:05,497 --> 00:23:10,136 the subliminal message, the body language message, needs to be 345 00:23:10,137 --> 00:23:13,136 "Thank you for being that honest." 346 00:23:13,137 --> 00:23:16,616 The other thing is, because of the Ratliff thing, 347 00:23:16,617 --> 00:23:19,376 it's very important for Martha and Margaret... 348 00:23:19,377 --> 00:23:21,135 They've got to be here the whole trial. 349 00:23:21,136 --> 00:23:24,095 ..to be here for the whole trial. Yeah, that worked out really nice. 350 00:23:24,096 --> 00:23:26,495 Because people have said in the open-ended question, 351 00:23:26,496 --> 00:23:29,815 one of the reasons they think you might not be guilty 352 00:23:29,816 --> 00:23:34,095 or that you have doubts, is that he has proclaimed his innocence, 353 00:23:34,096 --> 00:23:36,615 his lawyer is fighting, saying he's innocent 354 00:23:36,616 --> 00:23:38,496 and his family is sticking by him. 355 00:23:41,936 --> 00:23:45,335 Yeah, we were doing one of these corporate exercises 356 00:23:45,336 --> 00:23:47,215 with the executive staff where 357 00:23:47,216 --> 00:23:50,254 you're supposed to tell something personal about yourself. 358 00:23:50,255 --> 00:23:52,054 It's team-building, is what it is. 359 00:23:52,055 --> 00:23:55,174 Right. So one guy got up, actually a very good friend of mine, 360 00:23:55,175 --> 00:23:58,214 since left the company, but he said, "You know, I always wanted to... 361 00:23:58,215 --> 00:24:01,414 "I always wanted to be a lawyer. That was really what I wanted to do, 362 00:24:01,415 --> 00:24:04,094 "but then I found Jesus and I realised that 363 00:24:04,095 --> 00:24:07,854 "being a Christian and being a lawyer are completely incompatible." 364 00:24:07,855 --> 00:24:09,375 THEY LAUGH 365 00:24:15,655 --> 00:24:17,815 It's true. True. 366 00:24:19,135 --> 00:24:20,293 Yeah. 367 00:24:20,294 --> 00:24:22,133 Oh, God. 368 00:24:22,134 --> 00:24:24,773 So you mean I have really got to shut my mind off now, 369 00:24:24,774 --> 00:24:26,613 basically for two months. 370 00:24:26,614 --> 00:24:29,373 You can't read a book. You can't bring a book up to the... 371 00:24:29,374 --> 00:24:31,853 HE LAUGHS 372 00:24:31,854 --> 00:24:34,413 Video game? 373 00:24:34,414 --> 00:24:37,213 I mean, you're just supposed to sit there and look... 374 00:24:37,214 --> 00:24:39,213 And don't stare at the jury. 375 00:24:39,214 --> 00:24:40,934 Don't stare at the jury? Yeah. 376 00:24:43,254 --> 00:24:45,613 Because it looks like you're soliciting them. 377 00:24:45,614 --> 00:24:46,773 HE SIGHS 378 00:24:46,774 --> 00:24:48,013 They'll be looking at you a lot. 379 00:24:48,014 --> 00:24:49,733 That's one thing you have to remember, 380 00:24:49,734 --> 00:24:53,772 they are assessing your behaviour and conduct. They form opinions... 381 00:24:53,773 --> 00:24:56,412 Dear God. ..about how you behave.. Could I get a double? 382 00:24:56,413 --> 00:24:58,612 LAUGHS: Just to stand there! 383 00:24:58,613 --> 00:25:00,693 Saddam Hussein double for me! 384 00:25:02,013 --> 00:25:03,293 Oh, God! 385 00:25:05,733 --> 00:25:07,092 Mm. 386 00:25:07,093 --> 00:25:09,732 I could sit in a dark, quiet room for two months, you know, 387 00:25:09,733 --> 00:25:12,172 Goethe used to say that was the test of a man. 388 00:25:12,173 --> 00:25:15,693 That if you could go, you could lock a man up in a dark room... 389 00:25:17,253 --> 00:25:20,331 With nothing... With nothing to read, nothing to do, 390 00:25:20,332 --> 00:25:23,131 nothing, just his own thoughts. 391 00:25:23,132 --> 00:25:26,731 That was Goethe's test of a man 392 00:25:26,732 --> 00:25:29,851 and I'd think, "Well, hell, anybody can do that." 393 00:25:29,852 --> 00:25:33,611 I think, no, he needs to rethink that. The real test of a man is 394 00:25:33,612 --> 00:25:36,931 to be able to sit there and listen to Jim Hardin and Orlando Hudson. 395 00:25:36,932 --> 00:25:38,292 THEY LAUGH 396 00:25:44,572 --> 00:25:50,011 The range is going to go from 39 to... 51. ..51. 397 00:25:50,012 --> 00:25:52,930 71, 72... 398 00:25:52,931 --> 00:25:54,810 61 to 72? Right. 399 00:25:54,811 --> 00:25:58,370 That's these. They're in order. OK, those are in order. 400 00:25:58,371 --> 00:26:01,650 And then I'm going to go through a whole long thing 401 00:26:01,651 --> 00:26:05,250 about the relationship and I'm going to take them back to 1988 402 00:26:05,251 --> 00:26:08,890 and 1989 and 1992 and 1997, 403 00:26:08,891 --> 00:26:10,610 and then I'm going to say, 404 00:26:10,611 --> 00:26:13,810 "And together, they built a family 405 00:26:13,811 --> 00:26:18,770 "out of the various strands of their prior families." 406 00:26:18,771 --> 00:26:21,209 Wait, wait. Hold on. 407 00:26:21,210 --> 00:26:24,169 I don't want to have that bar up there, because it's going to 408 00:26:24,170 --> 00:26:25,929 distract them from what I'm saying. 409 00:26:25,930 --> 00:26:28,529 Can you just keep it black screen until I go to your cue, 410 00:26:28,530 --> 00:26:30,009 and then pop up with the picture? 411 00:26:30,010 --> 00:26:31,569 Right, you want the picture first? 412 00:26:31,570 --> 00:26:34,649 I want the picture. Yeah. OK, let's go back to the black screen. 413 00:26:34,650 --> 00:26:36,449 What is that thing in the middle there? 414 00:26:36,450 --> 00:26:40,089 That's just a default bar that doesn't have to show at all. 415 00:26:40,090 --> 00:26:41,329 I don't want it showing. OK. 416 00:26:41,330 --> 00:26:43,769 I can't get rid of it right now but I... OK, yeah, 417 00:26:43,770 --> 00:26:46,249 let's get rid of the bar. Yeah. OK? 418 00:26:46,250 --> 00:26:50,089 And what I'd do like to do is, um... 419 00:26:51,809 --> 00:26:53,048 When I... 420 00:26:53,049 --> 00:26:55,009 PHONE VIBRATES 421 00:27:01,489 --> 00:27:04,528 It's just my telephone. Sorry. 422 00:27:04,529 --> 00:27:05,889 When I say... 423 00:27:07,729 --> 00:27:10,288 .."Together, they built a family 424 00:27:10,289 --> 00:27:14,088 "out of the various strands of their prior families. Caitlin..." 425 00:27:14,089 --> 00:27:16,448 No, wait till I... Yeah, but I want to get a black screen. 426 00:27:16,449 --> 00:27:18,168 That's right, I want to go black screen. 427 00:27:18,169 --> 00:27:21,247 OK, can you turn it on before I even get up to speak? 428 00:27:21,248 --> 00:27:25,008 And then go to black screen so we don't have to see that thing again. 429 00:27:27,288 --> 00:27:30,487 Blacker... Do you mean, you mean this... 430 00:27:30,488 --> 00:27:32,087 You want that without this? 431 00:27:32,088 --> 00:27:34,327 Can you lose that? Yes, I can lose it. 432 00:27:34,328 --> 00:27:36,207 I can't lose it right now but I can lose a... 433 00:27:36,208 --> 00:27:39,487 OK, but what I'm saying is... Could you just go... 434 00:27:39,488 --> 00:27:42,087 Can you lose the whole thing so it's just a black screen 435 00:27:42,088 --> 00:27:43,847 and then it goes to the picture? 436 00:27:43,848 --> 00:27:47,007 Yes, and it looks like that. Yeah, that's all I want. OK. 437 00:27:47,008 --> 00:27:49,527 And then the next picture comes up. 438 00:27:49,528 --> 00:27:52,126 When I say, "Together they built a family out of the various 439 00:27:52,127 --> 00:27:54,686 "strands of their prior families..." Yeah. 440 00:27:54,687 --> 00:27:56,766 I'm leaving. Do you all need anything? 441 00:27:56,767 --> 00:27:58,966 No, we're great, thank you very much. Goodnight. 442 00:27:58,967 --> 00:28:00,326 "Out of the prior strands... 443 00:28:00,327 --> 00:28:03,166 "Out of the various strands of their prior families" - put it up. 444 00:28:03,167 --> 00:28:06,326 OK, so they have something to look it. Exactly. Yeah. 445 00:28:06,327 --> 00:28:12,566 "We can see that the laceration on the left, the V-shaped one, 446 00:28:12,567 --> 00:28:15,606 "is consistent with that corner. The last..." 447 00:28:15,607 --> 00:28:17,926 PHONE VIBRATES 448 00:28:17,927 --> 00:28:19,966 My telephone. OK. 449 00:28:19,967 --> 00:28:24,325 "The last impact that you saw on that..." 450 00:28:24,326 --> 00:28:26,725 Um, we've got a little situation going on. 451 00:28:26,726 --> 00:28:29,405 We've got smoke in the building downstairs. OK. 452 00:28:29,406 --> 00:28:30,925 So we're unable to... 453 00:28:30,926 --> 00:28:33,325 If you can wrap it up today, 454 00:28:33,326 --> 00:28:35,365 how much longer do you think you're going to be? 455 00:28:35,366 --> 00:28:38,045 We're going to have to do an evacuation. 456 00:28:38,046 --> 00:28:41,485 We don't know yet, we haven't found it yet. We're looking for it. 457 00:28:41,486 --> 00:28:44,405 OK, well, if we have to evacuate, we're just going to have to... 458 00:28:44,406 --> 00:28:48,525 We'll do our best, but just let us know. All right. Just wanted to... 459 00:28:48,526 --> 00:28:51,724 I appreciate it. If you see people running... OK, thank you. 460 00:28:51,725 --> 00:28:56,324 "The bottoms of her feet were covered in blood 461 00:28:56,325 --> 00:28:58,924 "and how do we know that? There's a photo of it." 462 00:28:58,925 --> 00:29:01,684 Do you want it right now? Yes. Do you want to prepare them for it? 463 00:29:01,685 --> 00:29:03,284 No, no, no. 464 00:29:03,285 --> 00:29:04,845 Well, that doesn't work. 465 00:29:09,925 --> 00:29:12,965 That doesn't work at all. We've got this one. Whoops. 466 00:29:14,285 --> 00:29:15,564 No. 467 00:29:15,565 --> 00:29:17,685 If one is off, they're all going to be off. 468 00:29:19,845 --> 00:29:23,003 And then I can put them in proper order... This is how it needs to be. 469 00:29:23,004 --> 00:29:27,003 It's... I do understand that. It's right there. I know that. 470 00:29:27,004 --> 00:29:29,643 I know what I did wrong while I was doing it on the fly 471 00:29:29,644 --> 00:29:32,363 before we started this. I know what I did wrong. 472 00:29:32,364 --> 00:29:35,403 I made an error when I loaded them in. 473 00:29:35,404 --> 00:29:38,843 Right now, right now... This system sucks 474 00:29:38,844 --> 00:29:41,883 because I've done it with presentation group 475 00:29:41,884 --> 00:29:45,603 and I had none of these problems. 476 00:29:45,604 --> 00:29:46,963 None. 477 00:29:46,964 --> 00:29:48,484 None, none. 478 00:29:49,963 --> 00:29:52,362 And I am fucking pissed 479 00:29:52,363 --> 00:29:56,522 because it's 7:20 the night before my opening 480 00:29:56,523 --> 00:29:58,923 and you're fucking around with this. 481 00:30:00,643 --> 00:30:04,682 One of these documents is apparently out of order. I just don't know... 482 00:30:04,683 --> 00:30:08,882 I cannot give you the documents in the order that you want them. 483 00:30:08,883 --> 00:30:12,682 All I can do right now is go through. I guarantee you... 484 00:30:12,683 --> 00:30:15,082 No, I don't want a guarantee. ..they will be there. 485 00:30:15,083 --> 00:30:17,482 I want to see it on the screen, 486 00:30:17,483 --> 00:30:21,001 so I don't give a shit if we're here all fucking night. 487 00:30:21,002 --> 00:30:25,442 Well, I'm not sure that they will be either. I think so but I don't know. 488 00:30:27,042 --> 00:30:28,522 HE SIGHS 489 00:30:42,922 --> 00:30:48,201 This case is no more and no longer about Kathleen. 490 00:30:48,202 --> 00:30:51,280 The DA has to win. That's it. 491 00:30:51,281 --> 00:30:54,640 He doesn't care how, and basically, by the same token, 492 00:30:54,641 --> 00:30:57,240 my lawyer, they want to win. 493 00:30:57,241 --> 00:31:00,200 Truth is lost in all of this now. 494 00:31:00,201 --> 00:31:03,000 Truth is of no meaning whatsoever. 495 00:31:03,001 --> 00:31:07,040 This has become a show and it has got its own momentum 496 00:31:07,041 --> 00:31:09,120 and we're just going along. 497 00:31:09,121 --> 00:31:12,800 I don't think the DA cares about the truth any more. 498 00:31:12,801 --> 00:31:17,680 All he wants to do is win, and I understand that. I mean, sure. 499 00:31:17,681 --> 00:31:22,319 In the same way with David, he wants to win. 500 00:31:22,320 --> 00:31:25,879 Well, I want to win too, but I'm still very concerned about 501 00:31:25,880 --> 00:31:29,840 the reality of what happened that night. 502 00:31:51,679 --> 00:31:53,079 Hey, guys. 503 00:32:01,399 --> 00:32:03,158 Where's Mike? 504 00:32:03,159 --> 00:32:05,638 What's that? They just hit a stop light. OK, I'll wait. 505 00:32:05,639 --> 00:32:06,919 I'll wait, I'll wait. 506 00:32:14,399 --> 00:32:16,759 Be nice. Be calm. 507 00:32:19,719 --> 00:32:21,277 You all right? Yeah, yeah. 508 00:32:21,278 --> 00:32:22,918 Pretty good. How you doing? Yeah. 509 00:32:39,358 --> 00:32:41,557 It's OK. You want me to get that, Dad? What's that? 510 00:32:41,558 --> 00:32:42,878 You want me to get that? 511 00:32:44,718 --> 00:32:46,638 INDISTINCT 512 00:32:58,077 --> 00:33:01,556 All right, Chris, we're going to see if you can beat us upstairs now. 513 00:33:01,557 --> 00:33:03,197 We got a crew on that. Ah... 514 00:33:11,317 --> 00:33:12,557 Hey. 515 00:33:13,877 --> 00:33:15,636 Thanks. OK, all right. 516 00:33:15,637 --> 00:33:17,476 All right, that's fine, that's fine. 517 00:33:17,477 --> 00:33:19,036 All right, Hart. 518 00:33:19,037 --> 00:33:22,075 See you up there, buddy. Run up now. 519 00:33:22,076 --> 00:33:24,636 Want to see you as I get out of the elevator. 520 00:33:26,236 --> 00:33:28,075 Come on, come on, come on, come on. 521 00:33:28,076 --> 00:33:31,995 Start with the 911 and then... After the... After the... 522 00:33:31,996 --> 00:33:35,195 ..last headshot, then get the movie ready. Right. 523 00:33:35,196 --> 00:33:37,516 After the third laceration shot. Right. 524 00:33:44,756 --> 00:33:46,475 Yo, buddy. 525 00:33:46,476 --> 00:33:49,596 THEY TALK QUIETLY 526 00:33:59,915 --> 00:34:01,915 SHUTTERS CLICK 527 00:34:21,354 --> 00:34:23,234 Good morning to each of you. 528 00:34:24,914 --> 00:34:27,553 The core issues are simple 529 00:34:27,554 --> 00:34:30,434 but everything else about this case isn't. 530 00:34:31,434 --> 00:34:36,314 In a very real sense, this case is about pretence and appearances. 531 00:34:37,954 --> 00:34:42,553 The defendant says that Kathleen Peterson's death was caused by 532 00:34:42,554 --> 00:34:47,033 a tragic accidental fall downstairs in their home 533 00:34:47,034 --> 00:34:52,192 and we say, on the other hand, that she died a horrible, painful death 534 00:34:52,193 --> 00:34:54,912 at the hands of her husband, Michael Peterson. 535 00:34:54,913 --> 00:34:59,432 I've selected a couple of pictures for you that really in my mind 536 00:34:59,433 --> 00:35:02,472 show this diametric opposition. 537 00:35:02,473 --> 00:35:06,472 The first photograph I'm going to show you is of Kathleen. 538 00:35:06,473 --> 00:35:11,432 This would have been taken, this is how she would have looked 539 00:35:11,433 --> 00:35:14,352 prior to December 9th of 2001, 540 00:35:14,353 --> 00:35:18,432 had you seen her in her home or possibly at work. 541 00:35:18,433 --> 00:35:23,351 You can see from this photograph, you can feel from this photograph, 542 00:35:23,352 --> 00:35:28,351 that she's a very genteel, warm person. 543 00:35:28,352 --> 00:35:33,031 Now, on December 9th of 2001, 544 00:35:33,032 --> 00:35:34,631 at 2:48, 545 00:35:34,632 --> 00:35:38,391 when EMS personnel first arrive, 546 00:35:38,392 --> 00:35:42,192 they see Kathleen Peterson in a completely different way. 547 00:35:43,592 --> 00:35:46,872 They see her lying at the bottom of her steps... 548 00:35:49,512 --> 00:35:51,631 ..just as you see in this photograph. 549 00:35:54,031 --> 00:35:59,950 Now, later that day, after her body has been removed from the home, 550 00:35:59,951 --> 00:36:02,950 she's taken to the medical examiner's office. 551 00:36:02,951 --> 00:36:06,910 This is one of the first photographs taken of her 552 00:36:06,911 --> 00:36:12,950 as she's lying on a steel gurney in the medical examiner's office 553 00:36:12,951 --> 00:36:15,430 after they've shaved her head 554 00:36:15,431 --> 00:36:18,751 so that they can determine where the wounds are. 555 00:36:21,790 --> 00:36:25,429 This is where the rubber meets the road, ladies and gentlemen. 556 00:36:25,430 --> 00:36:27,509 They say it's an accident 557 00:36:27,510 --> 00:36:31,949 that was caused by a couple of falls in that stairway 558 00:36:31,950 --> 00:36:33,909 and we say it's not. 559 00:36:33,910 --> 00:36:35,390 We say it's murder. 560 00:36:41,550 --> 00:36:44,189 You heard Mr Rudolf talk with you 561 00:36:44,190 --> 00:36:47,709 about the fact that we didn't have a weapon. 562 00:36:47,710 --> 00:36:49,549 That's true. 563 00:36:49,550 --> 00:36:52,268 We don't have the actual implement 564 00:36:52,269 --> 00:36:55,869 that Mike Peterson used to cause this injury. 565 00:36:58,029 --> 00:37:02,669 Wounding, lacerations to the back of Kathleen's head. 566 00:37:03,709 --> 00:37:05,988 But we have an identical replica. 567 00:37:05,989 --> 00:37:08,148 Where did we get it? 568 00:37:08,149 --> 00:37:11,908 Kathleen's sister Candace gave several family members 569 00:37:11,909 --> 00:37:14,348 a blow poker just like this one. 570 00:37:14,349 --> 00:37:16,268 Kathleen had had this in her home 571 00:37:16,269 --> 00:37:18,468 for years and years and years and years, 572 00:37:18,469 --> 00:37:22,628 but mysteriously, on December 9th, it's gone. 573 00:37:24,148 --> 00:37:27,187 It's hollow, it's light, 574 00:37:27,188 --> 00:37:32,867 it's easily used and we will contend to you this, or something like this, 575 00:37:32,868 --> 00:37:36,828 is the article that was used to inflict these wounds. 576 00:37:40,548 --> 00:37:43,627 The blow poker that had been given to Kathleen 577 00:37:43,628 --> 00:37:48,227 15 years before, apparently, and is now mysteriously missing - 578 00:37:48,228 --> 00:37:51,147 we'll hear about whether it's mysterious or not. 579 00:37:52,307 --> 00:37:55,546 They didn't find any murder weapon. 580 00:37:55,547 --> 00:37:56,986 Nothing was found. 581 00:37:56,987 --> 00:38:00,506 Where did it go? Where did this blow poker go? 582 00:38:00,507 --> 00:38:03,506 They searched his cars. There wasn't any blood in the cars. 583 00:38:03,507 --> 00:38:06,826 They went all around the house, there wasn't any blood upstairs, 584 00:38:06,827 --> 00:38:09,706 he didn't change his clothes, he didn't... 585 00:38:09,707 --> 00:38:12,146 Where did he get rid of it? 586 00:38:12,147 --> 00:38:13,347 And when? 587 00:38:14,867 --> 00:38:16,666 That's left mysterious, 588 00:38:16,667 --> 00:38:20,385 but we don't convict people based on mysterious here. 589 00:38:20,386 --> 00:38:25,906 I mean, can you imagine somebody beating somebody over the head... 590 00:38:27,426 --> 00:38:29,225 ..whacking them as hard as they can? 591 00:38:29,226 --> 00:38:30,705 Because you don't whack someone, 592 00:38:30,706 --> 00:38:34,185 you don't whack somebody like this when you're trying to kill them. 593 00:38:34,186 --> 00:38:38,385 Imagine that there's no skull fracture, 594 00:38:38,386 --> 00:38:41,065 there's no brain contusions, 595 00:38:41,066 --> 00:38:43,425 there's no swelling of the brain, 596 00:38:43,426 --> 00:38:46,465 there's none of the internal haemorrhages, subdurals, 597 00:38:46,466 --> 00:38:50,424 things like that, that you would see from that kind of injury. 598 00:38:50,425 --> 00:38:52,545 No. None of them. 599 00:38:53,545 --> 00:38:58,824 We intend to show you during this trial, to the best of our ability, 600 00:38:58,825 --> 00:39:05,384 what happened in that stairway on December 9th was a tragic accident, 601 00:39:05,385 --> 00:39:08,185 an accident that left Michael Peterson... 602 00:39:10,265 --> 00:39:12,824 ..not a wealthy man but a very poor man, 603 00:39:12,825 --> 00:39:17,064 in the thing that was most important to him. 604 00:39:17,065 --> 00:39:21,384 It left him without his soul mate. 605 00:39:24,504 --> 00:39:27,543 Kathleen and Michael connected in a way that... 606 00:39:27,544 --> 00:39:33,463 that a few people who are really, really lucky in life 607 00:39:33,464 --> 00:39:36,223 have a chance to connect. 608 00:39:36,224 --> 00:39:39,704 And they built a family, the two of them... 609 00:39:41,264 --> 00:39:46,264 ..built a family out of the strands of their prior families. 610 00:39:48,904 --> 00:39:51,422 Todd on the left, 611 00:39:51,423 --> 00:39:55,782 Kathleen and Michael, Margaret sort of peeking out from the back there, 612 00:39:55,783 --> 00:39:59,463 Caitlin in the front, Clayton and Martha. 613 00:40:00,823 --> 00:40:04,582 What kept them together, what caused them to build that, 614 00:40:04,583 --> 00:40:10,463 was a love that absolutely everyone who saw them or knew them... 615 00:40:12,743 --> 00:40:16,663 ..understood and recognised and envied. 616 00:40:17,903 --> 00:40:21,381 Listen to how Caitlin Atwater, 617 00:40:21,382 --> 00:40:24,981 who unfortunately now sits on opposite sides - 618 00:40:24,982 --> 00:40:27,621 and that's one of the real tragedies of this case - 619 00:40:27,622 --> 00:40:29,581 listen to how she described 620 00:40:29,582 --> 00:40:32,461 what Michael Peterson meant to her mother. 621 00:40:32,462 --> 00:40:38,981 This is from 1999. "Michael Peterson stopped my mother's tears. 622 00:40:38,982 --> 00:40:42,861 "I used to sit at the top of the stairs leaning through the banister 623 00:40:42,862 --> 00:40:46,341 "and listen to my mother sob every night 624 00:40:46,342 --> 00:40:49,860 "for a year after my father left. 625 00:40:49,861 --> 00:40:52,740 "My father had torn her apart, 626 00:40:52,741 --> 00:40:56,860 "crushing her shell and the illusion in which she lived, 627 00:40:56,861 --> 00:41:00,260 "destroying her dignity and pride, 628 00:41:00,261 --> 00:41:05,700 "but Mike was able to restore her strength and confidence 629 00:41:05,701 --> 00:41:09,541 "and to show her that she could find true love. 630 00:41:10,941 --> 00:41:17,860 "From the beginning, I was in debt to Mike in my heart and mind 631 00:41:17,861 --> 00:41:21,340 "for bringing back my mother's happiness." 632 00:41:24,020 --> 00:41:27,379 You know, if the prosecution is correct, 633 00:41:27,380 --> 00:41:32,859 how do we go from soul mate and lover 634 00:41:32,860 --> 00:41:35,419 to cold-blooded murderer? 635 00:41:35,420 --> 00:41:37,139 How does that happen? 636 00:41:37,140 --> 00:41:40,099 Well, the answer is very simple. You don't. 637 00:41:40,100 --> 00:41:43,259 The truth is that Kathleen Peterson, 638 00:41:43,260 --> 00:41:46,059 after drinking some wine and some champagne 639 00:41:46,060 --> 00:41:48,019 and taking some Valium, 640 00:41:48,020 --> 00:41:53,138 tried to walk up a narrow, poorly lit stairway in flip-flops 641 00:41:53,139 --> 00:41:55,939 and she fell and she bled to death. 642 00:41:58,859 --> 00:42:02,658 What Michael Peterson brought to Kathleen Peterson 643 00:42:02,659 --> 00:42:05,819 was true happiness over 13 years. 644 00:42:10,219 --> 00:42:13,538 That's the picture. 645 00:42:13,539 --> 00:42:14,939 That's not posed. 646 00:42:16,739 --> 00:42:19,579 That's Kathleen sitting on Michael's lap. 647 00:42:20,738 --> 00:42:27,257 Now, what you see there is the happiness that she felt with him 648 00:42:27,258 --> 00:42:30,498 and that he felt with her. 649 00:42:33,218 --> 00:42:36,777 Everyone who really knew that relationship, 650 00:42:36,778 --> 00:42:42,378 everyone who knew them, knew that they loved each other. 651 00:42:43,698 --> 00:42:47,577 Everyone who knew them 652 00:42:47,578 --> 00:42:52,536 knows that Michael Peterson had nothing to do with 653 00:42:52,537 --> 00:42:55,217 the death of Kathleen Peterson. 654 00:42:57,177 --> 00:42:59,337 And at the end of all the evidence... 655 00:43:00,417 --> 00:43:04,656 ..I'm going to ask the 12 of you to come back and return a verdict 656 00:43:04,657 --> 00:43:09,096 that will in fact speak the truth in this case - 657 00:43:09,097 --> 00:43:11,456 a verdict of not guilty. 658 00:43:11,457 --> 00:43:12,777 Thank you. 659 00:43:14,457 --> 00:43:15,976 All right, members of the jury, 660 00:43:15,977 --> 00:43:18,936 we're going to take our lunch break at this point. 661 00:43:18,937 --> 00:43:22,136 Mr Deputy, 1:30. All stand. 662 00:43:23,576 --> 00:43:24,935 Oyez, oyez, oyez. 663 00:43:24,936 --> 00:43:27,935 The Court of the County of Durham is in recess until 1:30 this afternoon. 664 00:43:27,936 --> 00:43:30,096 God save the state and this honourable court. 55626

Can't find what you're looking for?
Get subtitles in any language from opensubtitles.com, and translate them here.