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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:01:38,400 --> 00:01:41,199 It was a surprise, huh? Holy cow! 2 00:01:41,200 --> 00:01:44,360 Yeah, surprise is an understatement. Oh, my God! 3 00:01:44,361 --> 00:01:46,840 It was worse when I got the phone call about this. 4 00:01:46,841 --> 00:01:48,961 Oh, jeepers creepers! 5 00:01:48,962 --> 00:01:51,801 It was like one of those... what, what, what? 6 00:01:51,802 --> 00:01:54,241 Yeah, it was 2.30 in the morning. Oh, my God. 7 00:01:54,242 --> 00:01:57,482 "You're telling me I need to come. Goddamn, I'm sleeping, why?" 8 00:01:57,483 --> 00:02:01,043 "Well, we found the blow poke." "OK, I'm coming." 9 00:02:20,326 --> 00:02:24,206 You push that with... See, there's a little bit of fresh metal there. 10 00:02:24,207 --> 00:02:26,926 That's because of the knife. That's because of the knife. 11 00:02:26,927 --> 00:02:31,087 The rest of that then looks fairly oxidised. 12 00:02:31,088 --> 00:02:34,887 To me, it looks even... See inside, the threads are there? Right. 13 00:02:34,888 --> 00:02:37,367 The thing's dirty, it's got grime on it. 14 00:02:37,368 --> 00:02:40,328 If you take the cue tip, particularly down this end here, 15 00:02:40,329 --> 00:02:44,328 it come off dirty, very dirty, so it hasn't been cleaned. Right. 16 00:02:44,329 --> 00:02:47,129 There's plenty of dust and debris on it. 17 00:02:47,130 --> 00:02:51,930 There's nothing here that's jumping out saying it looks like blood, 18 00:02:51,931 --> 00:02:55,650 and there's no atypical positive reaction to blood. 19 00:02:55,651 --> 00:02:59,731 OK. You know, there's nothing here. OK. 20 00:02:59,732 --> 00:03:03,651 Will we use it and then if we get fucked, we'll just say you? Yeah. 21 00:03:03,652 --> 00:03:06,332 THEY LAUGH 22 00:03:06,333 --> 00:03:09,893 All right, come and help me... Help me put this back together, brother. 23 00:03:11,813 --> 00:03:13,613 PHONE RINGS 24 00:03:13,614 --> 00:03:14,854 Hey, Mike. 25 00:03:17,094 --> 00:03:19,414 Yeah, I'm not worried about it. 26 00:03:23,335 --> 00:03:25,135 Nah, don't worry about it. 27 00:03:26,175 --> 00:03:27,736 I understand, all right. 28 00:03:29,296 --> 00:03:30,896 No blood on the blow poke. 29 00:03:36,057 --> 00:03:39,977 Er, whatever. I mean, whatever he used, there's no blood. 30 00:03:41,978 --> 00:03:43,577 Yeah. OK? 31 00:03:43,578 --> 00:03:45,778 All right. Bye. 32 00:03:59,900 --> 00:04:04,020 It's one of those moments that could be a turning-point moment, 33 00:04:04,021 --> 00:04:07,541 you know, where the jury's sort of... 34 00:04:08,782 --> 00:04:12,261 ..look at Hardin and say, "Now what are you going to do?" 35 00:04:12,262 --> 00:04:17,062 You know, "You've been talking about this missing blow poke 36 00:04:17,063 --> 00:04:19,943 "since May 5th. 37 00:04:21,263 --> 00:04:23,343 "And here it is. 38 00:04:23,344 --> 00:04:26,783 "And it's not bent and it's not covered with blood 39 00:04:26,784 --> 00:04:31,224 "and it wasn't gotten rid of and it's not mysteriously missing. 40 00:04:31,225 --> 00:04:35,225 "So... what are you going to say now?" 41 00:04:36,306 --> 00:04:41,826 Um... it's one of those moments that trial lawyers enjoy. 42 00:04:49,787 --> 00:04:51,468 Ah, jeez! 43 00:04:54,748 --> 00:04:56,628 Trial lawyers and film-makers. 44 00:05:00,189 --> 00:05:03,549 Don't be overconfident. Do not be overconfident. 45 00:05:15,671 --> 00:05:18,551 Hi, Julia. How are you? 46 00:05:18,552 --> 00:05:21,431 Good, how are you? I'm good, thank you. 47 00:05:21,432 --> 00:05:22,912 Oh, thanks. 48 00:05:32,754 --> 00:05:35,234 That's fine. You're welcome to. Excuse me. 49 00:05:47,276 --> 00:05:49,635 Further evidence from the defendant? Yes, sir. 50 00:05:49,636 --> 00:05:53,597 At this time, the defence will call Detective Art Holland to the stand. 51 00:05:58,677 --> 00:06:01,757 Do you solemnly swear the testimony you are about to give the court 52 00:06:01,758 --> 00:06:04,157 and the jury in the case now being heard to be the truth 53 00:06:04,158 --> 00:06:06,117 and nothing but the truth, so help you God? 54 00:06:06,118 --> 00:06:07,759 Yes, I do. Please be seated. 55 00:06:12,359 --> 00:06:16,320 Detective Holland, good morning, first of all. Good morning. 56 00:06:17,560 --> 00:06:21,600 After you showed us this item in May, 57 00:06:21,601 --> 00:06:25,640 that the district attorney was contending was similar to the... 58 00:06:25,641 --> 00:06:27,280 to the murder weapon, 59 00:06:27,281 --> 00:06:30,641 did you ever ask either myself... 60 00:06:30,642 --> 00:06:33,601 or Mr Maher or Mr Durette 61 00:06:33,602 --> 00:06:37,282 whether, after having looked at it and seen it finally in May, 62 00:06:37,283 --> 00:06:42,203 whether we ever had located the blow poke? 63 00:06:42,204 --> 00:06:43,764 No, I didn't. 64 00:06:52,285 --> 00:06:54,444 Did you just assume... 65 00:06:54,445 --> 00:06:56,446 that it was gone? 66 00:06:57,806 --> 00:06:59,606 Gone or put up somewhere. 67 00:07:07,727 --> 00:07:11,048 Let me show you what's been marked defence exhibit 280. 68 00:07:19,489 --> 00:07:21,568 You see that? Yes, sir. 69 00:07:21,569 --> 00:07:25,890 Now, this 280, that's a blow poke, isn't it? 70 00:07:27,050 --> 00:07:31,410 Is that what it appears to be? It appears to be a blow poke. 71 00:07:31,411 --> 00:07:37,051 And the metal tip at the end that's on this one... 72 00:07:40,052 --> 00:07:42,252 ..isn't on that one, right? 73 00:07:43,772 --> 00:07:44,972 That's correct. 74 00:07:44,973 --> 00:07:49,053 But other than that, if we look at the handle, for example... 75 00:07:54,174 --> 00:07:56,934 ..that's pretty much the same thing, isn't it? 76 00:07:59,295 --> 00:08:03,694 Do you see this end here you blow into? It appears to be. 77 00:08:03,695 --> 00:08:07,736 You see a bunch of spiderweb-looking things... 78 00:08:08,936 --> 00:08:12,376 ..on it? You see on the handle area there, you see that? 79 00:08:12,377 --> 00:08:14,296 It's hard to tell from the plastic. 80 00:08:14,297 --> 00:08:18,337 All right, can you see the dead bugs in the little... 81 00:08:19,778 --> 00:08:22,537 ..plastic thing there? It appears to be. 82 00:08:22,538 --> 00:08:25,418 This doesn't appear to you to be mangled, does it? 83 00:08:26,739 --> 00:08:29,178 It doesn't appear to have any dents in it. 84 00:08:29,179 --> 00:08:31,378 Does this appear to you, 280, 85 00:08:31,379 --> 00:08:35,939 to be the blow poke that Mr Hardin has been talking about 86 00:08:35,940 --> 00:08:39,819 being mysteriously missing since this trial began? 87 00:08:39,820 --> 00:08:42,341 Objection, characterisation. Sustained. 88 00:08:43,341 --> 00:08:46,020 Does this appear to you to be the blow poke 89 00:08:46,021 --> 00:08:52,382 that Mr Hardin stated in his opening statement was mysteriously missing? 90 00:09:06,824 --> 00:09:09,184 Their problem is, if they assent to that, 91 00:09:09,185 --> 00:09:12,345 if they don't like the results, they're sort of stuck with them. 92 00:10:12,874 --> 00:10:15,513 The prosecutors have talked about a missing blow poke 93 00:10:15,514 --> 00:10:17,594 and how it could have been the murder weapon. 94 00:10:17,595 --> 00:10:19,354 It could have been the murder weapon. 95 00:10:19,355 --> 00:10:22,314 Today, the defence pulled out a blow poke and told jurors 96 00:10:22,315 --> 00:10:23,794 it wasn't missing at all. 97 00:10:23,795 --> 00:10:27,476 They claim police just never saw it in the garage. 98 00:10:30,756 --> 00:10:33,836 I asked Jim Hardin if he was surprised by today's developments. 99 00:10:33,837 --> 00:10:35,196 He said he wasn't, 100 00:10:35,197 --> 00:10:37,796 that he was expecting something like this to happen. 101 00:10:37,797 --> 00:10:39,757 He was expecting something like this... 102 00:10:39,758 --> 00:10:42,437 He was expecting something like this to happen. 103 00:10:42,438 --> 00:10:45,678 In general, I got a chance to look at the blow poke during lunch 104 00:10:45,679 --> 00:10:49,078 and it's definitely not the same as the one that my Aunt Candace 105 00:10:49,079 --> 00:10:51,718 has brought into court, so that leaves 106 00:10:51,719 --> 00:10:54,879 a lot of speculation there as far as things go. 107 00:10:54,880 --> 00:10:57,719 Um... it has very... 108 00:10:57,720 --> 00:11:01,600 very distinct differences between the two. 109 00:11:01,601 --> 00:11:04,280 But, I mean, more importantly, the thing is, 110 00:11:04,281 --> 00:11:06,961 that regardless of, you know, you produce an autop... 111 00:11:06,962 --> 00:11:11,361 you produce a blow poke the day that you rest your case 112 00:11:11,362 --> 00:11:16,042 and I feel like it's just to really create a commotion and things. 113 00:11:16,043 --> 00:11:19,402 The fact is, you can show that, you can claim whatever you want 114 00:11:19,403 --> 00:11:21,883 about it, it's not going to change the autopsy report, 115 00:11:21,884 --> 00:11:24,923 so it really doesn't put a hole in the prosecution's case the way 116 00:11:24,924 --> 00:11:27,964 I think David Rudolf's attitude thought that it would today. 117 00:11:27,965 --> 00:11:31,244 It doesn't change the fact that my mother's autopsy report says 118 00:11:31,245 --> 00:11:33,924 she was beaten to death, and if it was with a blow poke, 119 00:11:33,925 --> 00:11:36,165 if this was the blow poke, I don't know, 120 00:11:36,166 --> 00:11:38,845 but it was with something and that's how she ended up 121 00:11:38,846 --> 00:11:40,485 at the bottom of the stairs. 122 00:11:40,486 --> 00:11:44,087 Nothing is going to change that, you know, that's finalised. 123 00:11:47,247 --> 00:11:50,487 That was easy, wasn't it? OK, sure. Done and done. 124 00:11:50,488 --> 00:11:52,048 Can I go home now? 125 00:11:55,209 --> 00:11:57,328 The defendant brought into court 126 00:11:57,329 --> 00:12:00,208 what they've described as a found blow poke. 127 00:12:00,209 --> 00:12:04,009 With that, Candace Zamperini undertook to see 128 00:12:04,010 --> 00:12:06,649 whether she could locate the other blow pokes 129 00:12:06,650 --> 00:12:10,730 that she had given to friend and family members. 130 00:12:10,731 --> 00:12:13,450 She's been able to locate two of those 131 00:12:13,451 --> 00:12:15,290 and they were sent to my office 132 00:12:15,291 --> 00:12:17,531 and I wanted to inform the court of that 133 00:12:17,532 --> 00:12:19,771 to make sure that you were aware of it. 134 00:12:19,772 --> 00:12:23,133 So we do not intend to offer that in evidence at this point. 135 00:12:24,653 --> 00:12:28,692 I'm letting you know that they're available and they can look at those 136 00:12:28,693 --> 00:12:31,533 and inspect them in my office. And I appreciate that. 137 00:12:31,534 --> 00:12:36,373 I didn't get the facts yesterday cos I didn't see it on the machine. 138 00:12:36,374 --> 00:12:39,734 But we'll take a look at it over the break today. Thank you. 139 00:12:39,735 --> 00:12:42,174 Otherwise, are counsel ready to proceed? Yes, sir. 140 00:12:42,175 --> 00:12:43,895 All right. 141 00:12:49,176 --> 00:12:51,417 John, this one is quite hollow. 142 00:12:53,457 --> 00:12:56,497 Hmm! Not a bad way to end the case, huh? 143 00:12:58,058 --> 00:13:01,697 Make sure he says that it's the same rounded edge. 144 00:13:01,698 --> 00:13:06,779 Rounded edges, yeah. There's a little bevel there. No screws. 145 00:13:08,259 --> 00:13:10,978 Appears to be a little thread in there. The other one. 146 00:13:10,979 --> 00:13:13,659 Don't, one's enough, Ron. 147 00:13:13,660 --> 00:13:15,420 Leave it. Don't break it. 148 00:13:16,780 --> 00:13:21,420 Have they been in the basement too? Yeah. Look down here. 149 00:13:21,421 --> 00:13:23,980 I mean, that's... 150 00:13:23,981 --> 00:13:27,061 The blow pokes match. 151 00:13:27,062 --> 00:13:28,501 How big is that? 152 00:13:28,502 --> 00:13:31,342 Candace just can't keep her fucking mouth shut. 153 00:13:32,382 --> 00:13:33,663 Thank you. 154 00:13:34,783 --> 00:13:37,543 I don't think I'd be here if she'd kept her mouth shut. 155 00:13:40,144 --> 00:13:43,103 Defendant's 301 and 302 are the other two blow pokes 156 00:13:43,104 --> 00:13:46,944 that Miss Zamperini had sent to the district attorney's office 157 00:13:46,945 --> 00:13:48,984 that we just got over lunch, correct? 158 00:13:48,985 --> 00:13:50,344 That's correct. 159 00:13:50,345 --> 00:13:52,224 And have you had a chance, sir, 160 00:13:52,225 --> 00:13:55,185 to compare defence exhibits 301 and 302 161 00:13:55,186 --> 00:13:57,665 with defendant's exhibit 280A, 162 00:13:57,666 --> 00:14:00,345 the one that was found in Mr Peterson's home? 163 00:14:00,346 --> 00:14:04,346 I've only observed one of the two that was sent, not both of them. 164 00:14:04,347 --> 00:14:07,587 All right, well, why don't you take a look at the two of them here, 165 00:14:07,588 --> 00:14:09,187 if you could? 166 00:14:09,188 --> 00:14:12,387 This is a 280, the one that was... Yes, sir. 167 00:14:12,388 --> 00:14:14,147 ..found in Mr Peterson's home. 168 00:14:14,148 --> 00:14:18,188 And this is 301, one of the ones that were sent. Yes, sir. 169 00:14:18,189 --> 00:14:21,709 Can you compare those two for the jury? 170 00:14:21,710 --> 00:14:23,550 Are they the same height? 171 00:14:25,870 --> 00:14:28,269 The defendant's exhibit's a little taller. 172 00:14:28,270 --> 00:14:29,991 The length's a little longer. 173 00:14:35,632 --> 00:14:37,431 Does it have a bevel there? 174 00:14:37,432 --> 00:14:38,791 Yes, sir. 175 00:14:38,792 --> 00:14:40,911 Threads inside? 176 00:14:40,912 --> 00:14:42,192 Yes, sir. 177 00:14:43,793 --> 00:14:50,313 So, can we agree that the missing blow poke has been found? 178 00:14:50,314 --> 00:14:52,034 Objection. Sustained. 179 00:14:54,394 --> 00:14:58,835 We move 301 and 302 into evidence, your honour. It's allowed. 180 00:15:02,035 --> 00:15:05,315 Did... Not that photograph. 181 00:15:05,316 --> 00:15:07,275 Oh, here's the little, um... 182 00:15:07,276 --> 00:15:10,076 Dust, it looks like a spider leg here. 183 00:15:11,197 --> 00:15:14,316 This was supposed to be some type of... something to make you think 184 00:15:14,317 --> 00:15:17,156 that blow poke had been there since December 2001, I guess. 185 00:15:17,157 --> 00:15:19,597 Here's a cobweb, that's significant. 186 00:15:19,598 --> 00:15:22,758 Here's a little bit of... goo or something. 187 00:15:24,319 --> 00:15:27,518 Ladies and gentlemen, we really don't know what this is. 188 00:15:27,519 --> 00:15:30,838 You've been given no information about who found it, 189 00:15:30,839 --> 00:15:33,800 when it was found, why it was there. 190 00:15:35,480 --> 00:15:39,840 So I argue to you that exhibit 280A is just a piece of nothing. 191 00:15:39,841 --> 00:15:41,161 Nothing. 192 00:15:42,361 --> 00:15:45,521 We have never told you that we are absolutely certain 193 00:15:45,522 --> 00:15:48,681 that it was the blow poke that killed Miss Peterson. 194 00:15:48,682 --> 00:15:52,362 We do believe, if it wasn't the blow poke that Candace had given them, 195 00:15:52,363 --> 00:15:54,482 that it was something similar to that, 196 00:15:54,483 --> 00:15:57,162 and you've heard from expert testimony why we believe that. 197 00:15:57,163 --> 00:15:59,643 But they are talking about us doing something last-minute 198 00:15:59,644 --> 00:16:02,403 when they dared to pull that piece of evidence out in front of you 199 00:16:02,404 --> 00:16:04,163 two days before they rested. 200 00:16:04,164 --> 00:16:06,124 Does that make common sense to you? 201 00:16:06,125 --> 00:16:07,484 You need to keep in mind, 202 00:16:07,485 --> 00:16:10,284 we're not dealing with the average individual over here. 203 00:16:10,285 --> 00:16:12,565 We're dealing with a fictional writer. 204 00:16:13,926 --> 00:16:16,765 Some people even say he's a good fictional writer. 205 00:16:16,766 --> 00:16:20,887 He is a person who knows how to create a fictional plot. 206 00:16:22,127 --> 00:16:23,527 And then there's Brad. 207 00:16:26,407 --> 00:16:32,008 Do you really believe that Kathleen knew... 208 00:16:33,888 --> 00:16:36,809 ..that Mr Peterson was bisexual? 209 00:16:39,129 --> 00:16:42,409 Does that make common sense to you that it was OK with her 210 00:16:42,410 --> 00:16:46,689 to go to work while he stayed at home and communicated by e-mail 211 00:16:46,690 --> 00:16:50,490 and telephone with people he was planning on having sex with? 212 00:16:50,491 --> 00:16:53,370 And this isn't just a computer relationship. 213 00:16:53,371 --> 00:16:55,851 I asked Brad what they were going to do. He told you. 214 00:16:55,852 --> 00:16:57,611 And I don't mean to offend anybody, 215 00:16:57,612 --> 00:16:59,971 but he did say they were going to have anal sex. 216 00:16:59,972 --> 00:17:04,292 The only reason that meeting didn't take place was because of Brad. 217 00:17:04,293 --> 00:17:08,974 It wasn't because of Mr Peterson. He was fired up and ready to go. 218 00:17:10,014 --> 00:17:14,613 And you honestly believe that Kathleen Peterson knew about that? 219 00:17:14,614 --> 00:17:16,334 Would have approved of that? 220 00:17:16,335 --> 00:17:20,974 And it wasn't just Brad, you saw the rest of the things on his computer. 221 00:17:20,975 --> 00:17:23,775 Once again, those things were so filthy 222 00:17:23,776 --> 00:17:26,295 we can't even show them on TV. 223 00:17:26,296 --> 00:17:32,936 Filth, pure filth. This isn't people involved in a relationship. 224 00:17:32,937 --> 00:17:38,298 This is just any which way. This is called hard-core porn. 225 00:17:39,858 --> 00:17:43,017 Do you think she approved of this type of activity 226 00:17:43,018 --> 00:17:45,298 while she's off at work or sleeping? 227 00:17:45,299 --> 00:17:47,618 I argue to you that doesn't make sense. 228 00:17:47,619 --> 00:17:51,499 And that's not the way soul mates conduct themselves. 229 00:17:51,500 --> 00:17:53,260 That is not. 230 00:17:58,181 --> 00:17:59,820 Ladies and gentlemen, 231 00:17:59,821 --> 00:18:03,220 this photograph is the first photograph taken 232 00:18:03,221 --> 00:18:05,062 of Kathleen Peterson... 233 00:18:06,822 --> 00:18:09,301 ..at the autopsy table. 234 00:18:09,302 --> 00:18:13,703 It shows the very graphic, brutal nature of this killing. 235 00:18:14,943 --> 00:18:20,663 Ladies and gentlemen, if a picture is truly worth a thousand words, 236 00:18:20,664 --> 00:18:22,664 then this photograph... 237 00:18:23,784 --> 00:18:26,184 ..at least speaks a thousand words. 238 00:18:26,185 --> 00:18:28,265 This photograph speaks a thousand words. 239 00:18:29,385 --> 00:18:31,464 Look at all of these photographs 240 00:18:31,465 --> 00:18:33,866 that show that this woman was beaten. 241 00:18:35,626 --> 00:18:37,306 I was thinking... 242 00:18:38,306 --> 00:18:41,186 ..if a picture is worth a thousand words, 243 00:18:41,187 --> 00:18:43,467 and if we only knew... 244 00:18:45,307 --> 00:18:48,747 ..what Kathleen Peterson knew at the time of her death, 245 00:18:48,748 --> 00:18:51,387 and I started looking around the scene 246 00:18:51,388 --> 00:18:53,509 and in the stairwell and thinking... 247 00:18:55,149 --> 00:18:57,069 .."What if those walls could talk? 248 00:18:58,109 --> 00:18:59,509 "What would they say?" 249 00:19:01,150 --> 00:19:04,069 Ladies and gentlemen, these walls are talking. 250 00:19:04,070 --> 00:19:11,270 Kathleen Peterson is talking to us through the blood on these walls. 251 00:19:11,271 --> 00:19:17,272 She is screaming at us for truth and for justice. 252 00:19:18,792 --> 00:19:20,712 It's all in these photographs. 253 00:19:22,673 --> 00:19:24,552 Ladies and gentlemen, 254 00:19:24,553 --> 00:19:28,113 they've said Kathleen Peterson died of an accident. 255 00:19:29,154 --> 00:19:32,273 We've said that she has died of murder. 256 00:19:32,274 --> 00:19:35,394 And we ask that you return that verdict. 257 00:19:35,395 --> 00:19:36,875 Thank you. 258 00:19:39,435 --> 00:19:41,794 Well, let me tell you what my gut is. 259 00:19:41,795 --> 00:19:45,635 My gut is that what we want to do... 260 00:19:45,636 --> 00:19:51,236 is structure it around the whole reasonable doubt concept. 261 00:19:51,237 --> 00:19:55,036 OK. Go through the stuff that we do have evidence for. 262 00:19:55,037 --> 00:19:56,118 Mm-hm. 263 00:19:57,158 --> 00:19:59,997 That she fell, they've seen the stairs, 264 00:19:59,998 --> 00:20:02,477 they know how easy it is to fall there. 265 00:20:02,478 --> 00:20:05,558 You know, that the blood on her feet, you know, 266 00:20:05,559 --> 00:20:08,678 we can do the scenario of her being down on the ground 267 00:20:08,679 --> 00:20:11,559 for some period of time. We can do all that, 268 00:20:11,560 --> 00:20:14,359 and then to say, but it's not our burden. All right. 269 00:20:14,360 --> 00:20:16,119 And what this case is really about 270 00:20:16,120 --> 00:20:19,480 is whether they've proven their case beyond reasonable doubt. 271 00:20:19,481 --> 00:20:25,121 And then I think we want to hit the ten biggest reasonable doubts. 272 00:20:25,122 --> 00:20:27,841 Er, and, um... 273 00:20:27,842 --> 00:20:31,522 then I think... and I want to discuss each. 274 00:20:31,523 --> 00:20:34,402 Mm-hm. And spend some time on each. 275 00:20:34,403 --> 00:20:37,403 But then I think I want to say, "Now, that's ten... 276 00:20:38,724 --> 00:20:41,963 "I could do another 20." Mm-hm. 277 00:20:41,964 --> 00:20:45,964 "I could spend another four hours going through another 20." 278 00:20:45,965 --> 00:20:50,244 And just list them. Ten is nice if they're not equally strong, 279 00:20:50,245 --> 00:20:53,485 but strong enough that none of them get to the point of being... 280 00:20:53,486 --> 00:20:55,325 I think we can... We probably can, 281 00:20:55,326 --> 00:20:58,926 but I think it's important that they all be of substantial weight. 282 00:20:58,927 --> 00:21:03,086 Otherwise you're better with seven or eight or whatever. Oh, I agree. 283 00:21:03,087 --> 00:21:04,766 The blow poke's not missing. 284 00:21:04,767 --> 00:21:08,447 I mean, the blow poke is sort of like what Clinton said. 285 00:21:08,448 --> 00:21:12,047 It's the economy, stupid. It's the blow poke, stupid. 286 00:21:12,048 --> 00:21:15,368 I mean, it's here, they tied... 287 00:21:15,369 --> 00:21:21,010 they hitched their star to this wagon from the very beginning. 288 00:21:22,330 --> 00:21:25,569 I guess reasonable doubt number one is the blow poke is here. 289 00:21:25,570 --> 00:21:27,930 And it's not the murder weapon. OK. 290 00:21:27,931 --> 00:21:30,011 Er... there's no cast-off. 291 00:21:35,492 --> 00:21:38,532 Er... there's no brain injuries. 292 00:21:39,572 --> 00:21:44,492 I think it's important for me to make the jury understand 293 00:21:44,493 --> 00:21:49,053 that this is not about whether we've proven Michael is innocent. 294 00:21:49,054 --> 00:21:52,333 It's not even about whether Michael IS innocent. 295 00:21:52,334 --> 00:21:57,094 You know, in Scotland they have a verdict 296 00:21:57,095 --> 00:22:00,575 that is either guilty or not proven. 297 00:22:01,856 --> 00:22:04,935 And here we say guilty or not guilty. 298 00:22:04,936 --> 00:22:07,855 Well, not guilty is not the same as innocent. 299 00:22:07,856 --> 00:22:11,696 And not guilty is really the equivalent of not proven. 300 00:22:11,697 --> 00:22:13,536 Not proven beyond reasonable doubt. 301 00:22:13,537 --> 00:22:18,577 If I spend too much time arguing that he's innocent, 302 00:22:18,578 --> 00:22:23,018 I, in essence, I relieve the State of its burden of proof. 303 00:22:23,019 --> 00:22:25,858 I invite the jury the weigh - 304 00:22:25,859 --> 00:22:29,539 well, is Rudolf right or is Hardin right? 305 00:22:29,540 --> 00:22:34,299 Well, that's giving up a tremendous legal advantage 306 00:22:34,300 --> 00:22:37,300 that all defendants have and should have. 307 00:22:37,301 --> 00:22:40,740 You know, what we've basically built into our system is the notion 308 00:22:40,741 --> 00:22:44,501 that we want to have guilt proven beyond reasonable doubt 309 00:22:44,502 --> 00:22:47,301 to avoid innocent people going to prison. 310 00:22:47,302 --> 00:22:50,462 It's not perfect, but that's the goal. 311 00:22:50,463 --> 00:22:55,902 And so, the real issue, the real issue in this case, 312 00:22:55,903 --> 00:22:58,863 is not whether we have proven 313 00:22:58,864 --> 00:23:04,345 that Kathleen Peterson died as a result of an accident. 314 00:23:05,905 --> 00:23:08,025 No. That's not our burden. 315 00:23:09,065 --> 00:23:12,746 The real issue, the one that you need to focus on... 316 00:23:13,746 --> 00:23:18,546 ..is whether the State has proven beyond a reasonable doubt, 317 00:23:18,547 --> 00:23:22,986 with proof that fully satisfies and entirely convinces you, 318 00:23:22,987 --> 00:23:26,307 that on the morning of December 9th, 2001, 319 00:23:26,308 --> 00:23:31,307 Michael Peterson beat Kathleen Peterson to death with a blow poke 320 00:23:31,308 --> 00:23:35,988 in that narrow stairway that all of you saw just a few weeks ago. 321 00:23:35,989 --> 00:23:39,709 And what I want to do this morning is to focus on 322 00:23:39,710 --> 00:23:43,230 the reasonable doubts in this case. 323 00:23:44,390 --> 00:23:46,550 The first reasonable doubt. 324 00:23:46,551 --> 00:23:49,110 The missing murder weapon isn't missing 325 00:23:49,111 --> 00:23:51,271 and it wasn't used in a murder. 326 00:23:52,751 --> 00:23:55,432 It doesn't get much simpler than that, does it? 327 00:23:56,432 --> 00:23:59,232 The State contended in its opening statement... 328 00:24:00,633 --> 00:24:05,152 ..that they would prove that the blow poke was, 329 00:24:05,153 --> 00:24:08,993 as Mr Hardin put it, mysteriously missing. 330 00:24:08,994 --> 00:24:12,313 Why was this blow poke so crucial to their case? 331 00:24:12,314 --> 00:24:15,154 You actually heard it from Mr Hardin in his opening. 332 00:24:15,155 --> 00:24:19,315 He needed something that was light enough to cause the lacerations... 333 00:24:20,355 --> 00:24:24,276 ..but not so heavy as to fracture the skull. 334 00:24:26,076 --> 00:24:28,356 So he was sort of walking a tightrope. 335 00:24:28,357 --> 00:24:32,637 And this was the tightrope he was walking. 336 00:24:35,998 --> 00:24:38,077 Reasonable doubt number two. 337 00:24:38,078 --> 00:24:39,997 There is no credible motive 338 00:24:39,998 --> 00:24:44,239 and you don't just decide to kill your wife for no reason. 339 00:24:45,519 --> 00:24:50,559 In opening statements, I told you all that everyone who knew 340 00:24:50,560 --> 00:24:54,119 Kathleen and Michael Peterson knew 341 00:24:54,120 --> 00:24:57,760 that they were very much in love and happy. 342 00:24:57,761 --> 00:25:01,040 And in fact, when Candace Zamperini 343 00:25:01,041 --> 00:25:04,481 spoke to the police in December 2001, 344 00:25:04,482 --> 00:25:07,041 she used the term soul mate. 345 00:25:07,042 --> 00:25:09,241 And when she testified here, 346 00:25:09,242 --> 00:25:15,242 you didn't hear her say anything bad about the relationship. 347 00:25:15,243 --> 00:25:18,723 Sometimes, the absence of evidence speaks louder 348 00:25:18,724 --> 00:25:21,603 than anything that a defendant could produce. 349 00:25:21,604 --> 00:25:26,245 If there was a single witness, one, anywhere... 350 00:25:27,325 --> 00:25:32,686 ..who could say one bad thing about their relationship... 351 00:25:33,886 --> 00:25:36,685 ..you know you would have heard it. 352 00:25:36,686 --> 00:25:39,166 No-one came in and testified - 353 00:25:39,167 --> 00:25:43,206 not Caitlin, who's sat here for most of the trial. 354 00:25:43,207 --> 00:25:45,928 Not any of Kathleen's co-workers. 355 00:25:47,328 --> 00:25:49,608 Not any of Kathleen's friends. 356 00:25:50,608 --> 00:25:53,368 Reasonable doubt number three. 357 00:25:53,369 --> 00:26:00,209 There is one thing that everyone who went to the scene of 1810 Cedar 358 00:26:00,210 --> 00:26:03,930 on the night of December 9th agrees on. 359 00:26:05,370 --> 00:26:11,530 Michael Peterson was in profound, deep shock and grief 360 00:26:11,531 --> 00:26:13,812 over Kathleen's death. 361 00:26:17,452 --> 00:26:21,332 The words you speak when you reach your verdict 362 00:26:21,333 --> 00:26:24,012 will be the most important words 363 00:26:24,013 --> 00:26:27,414 that Michael Peterson and his family... 364 00:26:28,614 --> 00:26:33,054 ..will ever, ever, ever hear in their lives. 365 00:26:35,535 --> 00:26:41,735 And the words that Michael Peterson spoke on December 9th, 2001, 366 00:26:41,736 --> 00:26:45,776 when he called 911... 367 00:26:47,697 --> 00:26:52,257 ..should guide your verdict as you deliberate it. 368 00:26:59,098 --> 00:27:03,058 '911, what's your emergency? 1810 Cedar Street, please. 369 00:27:03,059 --> 00:27:06,258 'What's wrong? My wife's had an accident, she's still breathing. 370 00:27:06,259 --> 00:27:08,739 'What kind of accident? She fell down the stairs. 371 00:27:08,740 --> 00:27:10,419 'She's still breathing, please! 372 00:27:10,420 --> 00:27:12,579 'Is she conscious? What? Is she conscious? 373 00:27:12,580 --> 00:27:13,739 'No, she's unconscious. 374 00:27:13,740 --> 00:27:17,940 'How many stairs did she fall down? Hello? How many stairs? Stairs? 375 00:27:17,941 --> 00:27:22,781 'How many stairs? I don't know. Calm down, sir. 376 00:27:22,782 --> 00:27:25,501 'Calm down. Oh, er... 15, 20, I don't know. 377 00:27:25,502 --> 00:27:28,141 'Please, get somebody here right away, please! 378 00:27:28,142 --> 00:27:31,902 'Somebody is despatched in an ambulance while I ask you questions. 379 00:27:31,903 --> 00:27:34,782 'It's... in Forest Hills. OK? 380 00:27:34,783 --> 00:27:40,623 'Please, please! Sir, somebody else is despatching the ambulance. 381 00:27:40,624 --> 00:27:43,264 'OK, is she awake now? 382 00:27:43,265 --> 00:27:44,825 'Hello? 383 00:27:47,425 --> 00:27:48,785 'Hello?' 384 00:27:51,706 --> 00:27:55,466 You know, I think one of the most strange comments... 385 00:27:56,746 --> 00:28:00,986 ..and actually a very true comment, was what Candace said on the stand 386 00:28:00,987 --> 00:28:05,268 when she said, "I don't know who that Michael Peterson is." 387 00:28:07,748 --> 00:28:12,028 You know... I don't know who that person is either 388 00:28:12,029 --> 00:28:13,708 who has been on trial, 389 00:28:13,709 --> 00:28:17,910 hearing all of these things and listening to all of these stories. 390 00:28:19,110 --> 00:28:24,630 These incredible things. I don't know who that person is either. 391 00:28:25,871 --> 00:28:28,591 But it isn't me, I know that. 392 00:28:30,191 --> 00:28:31,752 I am who I am. 393 00:28:32,752 --> 00:28:35,111 And I can live with that. 394 00:28:35,112 --> 00:28:36,911 And I told you in the beginning, 395 00:28:36,912 --> 00:28:41,952 I've never been terribly concerned what other people think, 396 00:28:41,953 --> 00:28:44,912 and I know that comes across as an arrogance, 397 00:28:44,913 --> 00:28:49,793 but I think that a lot of it has to do with peace, 398 00:28:49,794 --> 00:28:54,834 that I have never really ever sought to hurt anybody. 399 00:28:54,835 --> 00:28:59,354 Yes, I've done some bad things, yes, I've certainly inadvertently 400 00:28:59,355 --> 00:29:02,995 hurt people and I haven't led the most exemplary life. 401 00:29:02,996 --> 00:29:08,156 But I've never consciously gone out to hurt anybody. 402 00:29:08,157 --> 00:29:13,437 And I can, in a very loose definition... 403 00:29:14,638 --> 00:29:16,518 ..live at peace with myself. 404 00:29:17,558 --> 00:29:19,758 And if you can do that... 405 00:29:21,519 --> 00:29:25,159 ..it really doesn't make any difference where that is. 406 00:29:26,839 --> 00:29:28,920 So... I'll just... 407 00:29:30,080 --> 00:29:33,199 ..probably just not be any different 408 00:29:33,200 --> 00:29:36,360 on Tuesday or Wednesday or Thursday 409 00:29:36,361 --> 00:29:40,280 if I come back to this house or if I go somewhere else, 410 00:29:40,281 --> 00:29:43,841 it's not going to change who I am 411 00:29:43,842 --> 00:29:46,202 and who... when I am. 412 00:29:47,362 --> 00:29:49,482 It will be still me. 413 00:29:49,483 --> 00:29:53,803 And the trappings certainly could be very, very different. 414 00:29:55,003 --> 00:29:58,203 The environment certainly could be very different. 415 00:29:58,204 --> 00:29:59,964 But that's just... 416 00:30:02,445 --> 00:30:04,245 ..environment. 417 00:30:12,646 --> 00:30:16,566 Members of the jury, all of the evidence has been presented, 418 00:30:16,567 --> 00:30:21,086 it is now your duty to decide from this evidence what the facts are. 419 00:30:21,087 --> 00:30:25,167 The defendant has been charged with first-degree murder. 420 00:30:25,168 --> 00:30:28,207 Under the law and the evidence in this case, 421 00:30:28,208 --> 00:30:33,088 it is your duty to return one of the following verdicts. 422 00:30:33,089 --> 00:30:36,408 One - guilty of first-degree murder 423 00:30:36,409 --> 00:30:39,489 or... two - not guilty. 424 00:30:39,490 --> 00:30:41,929 Take the jury to the deliberation room 425 00:30:41,930 --> 00:30:46,251 and once you get the verdict sheet, you can begin your deliberations. 426 00:31:05,814 --> 00:31:07,733 LAUGHTER 427 00:31:07,734 --> 00:31:12,054 That was scary. That was so funny. Give them something to film. 428 00:31:12,055 --> 00:31:15,414 Leather... Dad! Some women, Germans... 429 00:31:15,415 --> 00:31:21,495 How far away? Can I come look at it when you go? Yes. 430 00:31:21,496 --> 00:31:23,695 Yes, absolutely. 431 00:31:23,696 --> 00:31:25,616 Absolutely, absolutely. 432 00:31:30,697 --> 00:31:33,937 Do you still... I mean, you've been practising law for 28 years, 433 00:31:33,938 --> 00:31:36,817 do you still get butterflies in your stomach? 434 00:31:36,818 --> 00:31:38,178 Um... 435 00:31:39,979 --> 00:31:44,378 Butterflies may not be quite the right word, I still feel anxious. 436 00:31:44,379 --> 00:31:47,900 I think I've gotten better at... 437 00:31:48,980 --> 00:31:51,179 ..putting it out of my mind while I'm waiting, 438 00:31:51,180 --> 00:31:53,860 but when the knock comes on the door, 439 00:31:53,861 --> 00:31:57,060 and they say they've reached a verdict, that's when... 440 00:31:57,061 --> 00:31:59,620 butterflies would probably be an understatement, 441 00:31:59,621 --> 00:32:04,341 it's more like bats and birds and all kinds of things floating around. 442 00:32:04,342 --> 00:32:07,141 How about for your client, for Mike Peterson? 443 00:32:07,142 --> 00:32:09,342 This is going to be a tough time too. 444 00:32:09,343 --> 00:32:12,702 He needs his space and he needs to be with his family 445 00:32:12,703 --> 00:32:16,143 and he needs to be with his kids, and that's... 446 00:32:16,144 --> 00:32:19,063 he doesn't need me, he needs the people 447 00:32:19,064 --> 00:32:23,144 who have supported him and loved him his whole life. 448 00:32:23,145 --> 00:32:24,905 Hand me my wine, will you? 449 00:32:27,665 --> 00:32:29,866 Go ahead. Thanks very much. 450 00:32:31,146 --> 00:32:33,225 Enjoy it, it could be your last. 451 00:32:33,226 --> 00:32:35,787 THEY LAUGH 452 00:32:37,507 --> 00:32:40,346 I'll take a bottle with me to court tomorrow. You'd better. 453 00:32:40,347 --> 00:32:43,387 It can go with all the other ones there. What about the...? 454 00:32:43,388 --> 00:32:47,667 My entire bar in evidence, right? Have you got the cyanide capsule? 455 00:32:47,668 --> 00:32:50,068 You're going out like... A cyanide capsule. 456 00:32:50,069 --> 00:32:53,429 Was it Himmler or...? Goring. Goring. That's right. 457 00:32:55,629 --> 00:32:58,789 Everybody, all the lawyers are handicapping this thing, 458 00:32:58,790 --> 00:33:02,309 so there's really hardly any possibility of a conviction. 459 00:33:02,310 --> 00:33:04,670 They're either talking about an acquittal 460 00:33:04,671 --> 00:33:06,750 or they're talking about a hung jury. 461 00:33:06,751 --> 00:33:10,470 Even Tom today told me that he expects an acquittal tomorrow 462 00:33:10,471 --> 00:33:13,751 and he said, you know, if it goes beyond Wednesday... 463 00:33:13,752 --> 00:33:18,232 PHONE RINGS ..then we might be thinking a hung jury. 464 00:33:18,233 --> 00:33:20,672 Nobody's thinking a conviction here. 465 00:33:20,673 --> 00:33:23,352 That is in fact what I wanted to talk to you about. 466 00:33:23,353 --> 00:33:28,153 And that is, you know, I always tell my clients, you've got a 10% chance 467 00:33:28,154 --> 00:33:32,674 of losing the case or 80% chance, 50-50 or whatever. 468 00:33:32,675 --> 00:33:37,674 You know, I handicap this thing extremely low, extremely low. 469 00:33:37,675 --> 00:33:41,395 But on the other hand, lightning strikes, you just never know. 470 00:33:41,396 --> 00:33:43,875 Twice sometimes. Yeah. 471 00:33:43,876 --> 00:33:46,197 I almost hope they believe that. 472 00:33:48,197 --> 00:33:50,876 But anyway, in the event, in the unlikely event, 473 00:33:50,877 --> 00:33:53,077 there will not be time to talk right away 474 00:33:53,078 --> 00:33:55,317 because they'll just take you right away. 475 00:33:55,318 --> 00:33:57,877 There'll be time later, in the evening we can talk, 476 00:33:57,878 --> 00:34:01,798 just like when you were in jail for that month in December. 477 00:34:01,799 --> 00:34:05,078 But it was a little bit different, you know, because we all got ready 478 00:34:05,079 --> 00:34:08,799 and took you down to the jail and we had a lot of time to talk. 479 00:34:08,800 --> 00:34:12,359 Um... but I am convinced, 480 00:34:12,360 --> 00:34:15,640 especially after hearing the jury instructions today, 481 00:34:15,641 --> 00:34:19,160 that this judge has committed prejudicial error already. 482 00:34:19,161 --> 00:34:22,321 Really? Well, that Ratliff stuff should never have come in. 483 00:34:22,322 --> 00:34:26,281 Nobody I've talked to can believe that that evidence was admitted. 484 00:34:26,282 --> 00:34:29,322 It's highly prejudicial, highly prejudicial. 485 00:34:29,323 --> 00:34:32,522 So I think it's reversible, and easily reversible, 486 00:34:32,523 --> 00:34:36,723 so what I wanted to tell you, we won't have time to talk tomorrow, 487 00:34:36,724 --> 00:34:40,684 you know, don't panic, you'll spend a year in prison. 488 00:34:42,405 --> 00:34:44,885 But you can do that standing on your head. 489 00:34:46,085 --> 00:34:49,885 But that's the important thing to keep in mind. The game is not over. 490 00:34:49,886 --> 00:34:51,885 So you're telling me to... 491 00:34:51,886 --> 00:34:55,047 Don't bolt for the door downstairs. Don't bolt for the door. 492 00:34:56,527 --> 00:34:57,967 OK, all right. 493 00:34:59,087 --> 00:35:01,487 Well, just... I've told... 494 00:35:05,728 --> 00:35:08,247 My affairs are perfectly in order. 495 00:35:08,248 --> 00:35:11,329 You know, Todd knows what to do. Yeah, OK. 496 00:35:12,409 --> 00:35:16,129 We've told him, you know... More powers of attorney. 497 00:35:16,130 --> 00:35:19,689 I'm going to take off my watch and just have 100 498 00:35:19,690 --> 00:35:22,610 and we'll stick them in my pants and I'll... Yeah. 499 00:35:23,971 --> 00:35:28,490 But mostly, the main thing, I want the kids removed from it, 500 00:35:28,491 --> 00:35:32,331 I want them taken out of here and this environment 501 00:35:32,332 --> 00:35:37,132 and I want them to go on, I mean, just absolutely go on. 502 00:35:37,133 --> 00:35:42,412 I trust you, Jack, to take care of everything, take care of my kids. 503 00:35:42,413 --> 00:35:46,773 Yeah. Cos they'll be a mess. They will be a wreck. 504 00:35:46,774 --> 00:35:50,133 Yeah, I know, I think that's right. Oh, they will be a wreck. 505 00:35:50,134 --> 00:35:52,174 They'll just be destroyed. 506 00:35:52,175 --> 00:35:56,055 Margaret and Martha will be... Ah, they'll just be... Yeah. 507 00:35:58,296 --> 00:35:59,815 So, bring 'em to Vegas. 508 00:35:59,816 --> 00:36:03,135 We'll send them up there. Margaret tried that... 509 00:36:03,136 --> 00:36:06,496 Listen, she's got the genes, so... 510 00:36:06,497 --> 00:36:08,656 That's fine. Yeah. 511 00:36:08,657 --> 00:36:11,096 I don't think it's going to happen tomorrow anyway. 512 00:36:11,097 --> 00:36:13,177 I don't think it's going to happen either. 513 00:36:13,178 --> 00:36:16,257 I don't even think we'll get a verdict tomorrow, I'd be surprised. 514 00:36:16,258 --> 00:36:18,017 But not terribly surprised. 515 00:36:18,018 --> 00:36:20,618 I can deal with whatever happens. 516 00:36:20,619 --> 00:36:26,939 Believe me, I was saying before, that it's all up here, basically. 517 00:36:26,940 --> 00:36:30,539 You know, Milton. "Make a heaven of our hell, a hell of our heaven." 518 00:36:30,540 --> 00:36:32,260 And I can... 519 00:36:33,461 --> 00:36:36,381 I can deal with it, I absolutely can. 520 00:38:11,755 --> 00:38:15,714 It's too terrifying, it would be like losing everything. 521 00:38:15,715 --> 00:38:17,755 I mean, we still have the family, 522 00:38:17,756 --> 00:38:19,635 but we just lost our mother, 523 00:38:19,636 --> 00:38:23,595 we lost our sister, and to lose our dad, who's basically... 524 00:38:23,596 --> 00:38:25,876 I mean, he's the foundation of the family. 525 00:38:25,877 --> 00:38:29,156 He is holding us together, he's the strongest person in this family 526 00:38:29,157 --> 00:38:30,596 and... 527 00:38:30,597 --> 00:38:32,757 I wouldn't... 528 00:38:32,758 --> 00:38:36,397 I don't think I'd be able to survive without him. 529 00:38:36,398 --> 00:38:40,318 I don't think I can... I can't really think about it too much 530 00:38:40,319 --> 00:38:44,718 because it will just send me in too much of a depression. 531 00:38:44,719 --> 00:38:48,799 I couldn't... I couldn't live my life without my dad. 532 00:38:48,800 --> 00:38:52,200 People have told me, some of my friends have been like, 533 00:38:52,201 --> 00:38:55,880 "You know, Margaret, you should really plan just in case." 534 00:38:55,881 --> 00:39:01,881 And there's not been one single time where I could believe, 535 00:39:01,882 --> 00:39:03,881 no matter how corrupt any system is, 536 00:39:03,882 --> 00:39:07,082 I could believe that they could come with a guilty verdict. 537 00:39:07,083 --> 00:39:09,763 I mean, it won't happen. 538 00:39:29,486 --> 00:39:32,566 COURT CLERK MAKES ANNOUNCEMENT 539 00:39:33,686 --> 00:39:37,086 All right, now I'm going to bring the jury in, 540 00:39:37,087 --> 00:39:39,806 they're going to tell me what their verdict is 541 00:39:39,807 --> 00:39:42,167 and I'm going to need order in the court, 542 00:39:42,168 --> 00:39:44,967 getting this jury out of here and doing the things 543 00:39:44,968 --> 00:39:46,687 that I'm going to have to do, 544 00:39:46,688 --> 00:39:48,448 so, to the members of the public, 545 00:39:48,449 --> 00:39:50,848 if you think you're going to have difficulty 546 00:39:50,849 --> 00:39:52,768 accepting the jury's verdict 547 00:39:52,769 --> 00:39:56,409 and you're going to make noise or do something else disruptive 548 00:39:56,410 --> 00:39:57,769 in the courtroom, 549 00:39:57,770 --> 00:40:03,050 I'm going to give you an opportunity to leave right now. 550 00:40:03,051 --> 00:40:07,930 Because if you disrupt my courtroom, while I'm doing this, 551 00:40:07,931 --> 00:40:11,611 and you cause a scene, I'm going to have you arrested. 552 00:40:11,612 --> 00:40:15,973 Mr Deputy, bring the jury in. Tell them to bring all their belongings. 553 00:40:20,293 --> 00:40:21,733 This way, please. 554 00:40:43,977 --> 00:40:47,296 All right, Ms Foreperson, I'm going to ask you some questions. 555 00:40:47,297 --> 00:40:49,416 Has the jury reached a unanimous verdict 556 00:40:49,417 --> 00:40:51,737 on the issue that was submitted to you? Yes. 557 00:40:51,738 --> 00:40:55,577 Have you marked the appropriate spaces on the verdict sheet? Yes. 558 00:40:55,578 --> 00:40:58,298 Have you signed your name and printed your name? Yes. 559 00:40:58,299 --> 00:41:01,179 All right, if you will give that sheet to the deputy, please. 560 00:41:15,341 --> 00:41:18,140 All right, Ms Clerk, if you will take the verdict. 561 00:41:18,141 --> 00:41:19,941 Ladies and gentlemen of the jury, 562 00:41:19,942 --> 00:41:22,021 you have returned the following verdict. 563 00:41:22,022 --> 00:41:25,101 State of North Carolina versus Michael Iver Peterson, 564 00:41:25,102 --> 00:41:29,262 file number 01 CRS 24821. 565 00:41:29,263 --> 00:41:33,023 "We, the 12 members of the jury, unanimously find the defendant 566 00:41:33,024 --> 00:41:35,263 "to be guilty of first-degree murder, 567 00:41:35,264 --> 00:41:37,903 "this the 10th day of October 2003," 568 00:41:37,904 --> 00:41:41,384 signed by foreperson, Kristen Jones. 569 00:41:41,385 --> 00:41:43,584 Is this your verdict, so say you all? 570 00:41:43,585 --> 00:41:45,144 Yes. 571 00:41:45,145 --> 00:41:47,705 All right, Ms Clerk, if you will call the jury. 572 00:41:47,706 --> 00:41:50,665 Miss Jones, you as foreperson have returned for your verdict 573 00:41:50,666 --> 00:41:53,866 that the defendant is guilty of first-degree murder. 574 00:41:53,867 --> 00:41:57,266 Is this your verdict and do you still assent thereto? Yes. 575 00:41:57,267 --> 00:41:58,346 Thank you. 576 00:41:58,347 --> 00:42:01,467 Junior number one, Mr Harrison, if you please stand. 577 00:42:01,468 --> 00:42:04,307 Mr Harrison, your foreperson has returned for your verdict 578 00:42:04,308 --> 00:42:07,067 that the defendant is guilty of first-degree murder. 579 00:42:07,068 --> 00:42:09,748 Is this your verdict and do you still assent thereto? 580 00:42:09,749 --> 00:42:10,948 Yes. Thank you. 581 00:42:10,949 --> 00:42:14,309 Junior number two, Mr Higgins, will you please stand? 582 00:42:14,310 --> 00:42:16,909 Mr Higgins, your foreperson has returned for your verdict 583 00:42:16,910 --> 00:42:19,669 that the defendant is guilty of first-degree murder. 584 00:42:19,670 --> 00:42:22,430 Is this in your verdict and do you still assent thereto? 585 00:42:22,431 --> 00:42:24,070 Yes. Thank you. 586 00:42:24,071 --> 00:42:27,910 Juror number four, Miss Blackwell, if you please stand. 587 00:42:27,911 --> 00:42:30,991 Miss Blackwell, your foreperson has returned for you verdict 588 00:42:30,992 --> 00:42:33,671 that the defendant is guilty of first-degree murder. 589 00:42:33,672 --> 00:42:36,752 Is this your verdict and do you still assent thereto? 590 00:42:36,753 --> 00:42:38,152 Yes. Thank you. 591 00:42:38,153 --> 00:42:41,712 Juror number five, will you please stand? 592 00:42:41,713 --> 00:42:45,193 Your foreperson has returned for your verdict 593 00:42:45,194 --> 00:42:47,833 that the defendant is guilty of first-degree murder. 594 00:42:47,834 --> 00:42:50,794 Is this your verdict and do you still assent thereto? 595 00:42:50,795 --> 00:42:52,274 Yes. Thank you. 596 00:42:52,275 --> 00:42:54,554 Juror number 12, Mr Hall. 597 00:42:54,555 --> 00:42:57,355 Mr Hall, your foreperson has returned for your verdict 598 00:42:57,356 --> 00:42:59,995 that the defendant is guilty of first-degree murder. 599 00:42:59,996 --> 00:43:02,515 Is this your verdict and do you still assent thereto? 600 00:43:02,516 --> 00:43:04,116 Yes. Thank you. 601 00:43:04,117 --> 00:43:07,036 All right. Ms Court Recorder of the court finds 602 00:43:07,037 --> 00:43:11,957 a unanimous jury verdict, orders that it be recorded by the clerk. 603 00:43:11,958 --> 00:43:15,718 Mr Deputy, you take the jury to your assigned place. 604 00:43:38,282 --> 00:43:41,881 Mr Hardin, do you wish to be heard at all? Mr Rudolf? 605 00:43:41,882 --> 00:43:44,842 Judge, I don't think that the court has any discretion 606 00:43:44,843 --> 00:43:49,322 with regard to sentencing. Obviously we will be filing notice of appeal. 607 00:43:49,323 --> 00:43:52,603 But with regard to sentencing, we don't wish to be heard. 608 00:43:52,604 --> 00:43:55,723 All right, then, Mr Peterson, if you'll stand where you are, 609 00:43:55,724 --> 00:43:59,044 is there anything you want to say before the court imposes judgment? 610 00:43:59,045 --> 00:44:00,325 I would. 611 00:44:04,525 --> 00:44:06,686 It's OK. It's OK. 612 00:44:08,526 --> 00:44:09,926 It's OK. 613 00:44:11,006 --> 00:44:14,046 All right, then, Ms Clerk, the defendant is imprisoned 614 00:44:14,047 --> 00:44:16,726 in the North Carolina Department of Corrections 615 00:44:16,727 --> 00:44:20,448 for the remainder of his natural life without the benefit of parole. 616 00:44:21,888 --> 00:44:24,967 Mr Rudolf, do you wish to appeal at this time 617 00:44:24,968 --> 00:44:26,928 or are you going to think about it? 618 00:44:26,929 --> 00:44:28,649 We'll appeal later. All right, sir. 619 00:45:08,535 --> 00:45:09,775 All stand. 620 00:45:58,982 --> 00:46:02,982 Walk him right across here. Second door? Yes, sir. Go right ahead. 621 00:46:06,863 --> 00:46:09,703 Over here, come here, this way. 622 00:47:14,473 --> 00:47:18,072 If there's not at least reasonable doubt in this case, 623 00:47:18,073 --> 00:47:20,232 at least reasonable doubt, 624 00:47:20,233 --> 00:47:23,514 then I don't understand what I'm doing. 625 00:47:25,074 --> 00:47:29,154 And so, when the jury came in, it didn't just disappoint me, 626 00:47:29,155 --> 00:47:33,675 it shook the foundations of my beliefs. 627 00:47:34,836 --> 00:47:38,316 It shook the foundations of my beliefs in the justice system... 628 00:47:40,236 --> 00:47:42,557 ..in human beings... 629 00:47:44,197 --> 00:47:46,117 ..in my own abilities... 630 00:47:47,877 --> 00:47:49,518 ..in, um... 631 00:47:50,718 --> 00:47:52,238 ..my judgment... 632 00:47:56,519 --> 00:47:58,238 ..in my sense of reality. 633 00:47:58,239 --> 00:48:04,480 I mean, it didn't just surprise me, it truly stunned me. 634 00:48:06,000 --> 00:48:10,880 It... it just blew me away 635 00:48:10,881 --> 00:48:13,761 emotionally and psychologically. 53412

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