All language subtitles for Brothnnnn

[silence]

[ominous music ♪]

[metal jangling]

[slow footsteps]

♪♪

[dog barking in distance]

Hey!

Hey!

Hey!

[barking continues]

Hey!

Hey!

[District Attorney]
Good afternoon, Mr. Ward.

[Delbert]
Afternoon.

[DA]
You live up on Johnson Road?

[Delbert]
Yes.

[DA]
You live there all your life?

[Delbert]
Yes, lived there all my life.

[DA]
And you said you
had a few brothers.

[Delbert]
Yes.

[DA]
Roscoe, Lyman, William?

[Delbert]
Yes.

[clears throat]

[DA]
Remember this question,
Mr. Ward, from the statement...

"How do you feel
about his pain?"

Remember that question
being asked?

[Delbert]
Yes, I remember
that question being--

[DA]
Remember the answer?

"I felt that he should
go to the doctors.

My feelings were,
that I felt Bill
would be better off

away from his pain,

so he wouldn't be in pain
and hollering anymore."

[Delbert]
Well, I remember that.

[DA]
You gave that statement,
right?

[Delbert]
Yes.

[DA]
Remember this question?

"After Bill went to sleep,
what did you decide to do?"

[Delbert]
Yes, I remember
that question.

[DA]
Remember giving this answer?

"I decided to put my hand
over his mouth.

I reached around behind him
with my right hand

and put it over his mouth.

He struggled
for a little bit,

but then stopped.

I wanted to make sure that
Bill wasn't suffering
anymore, that he was dead."

[Delbert]
Yes, I remember that a--

[DA]
You remember giving
that answer?

[Delbert]
I remember giving
that answer,

after they showed me
how I done it down there

and told me how I done it.

[DA]
Remember this question?

"How long was your hand
over his mouth?"

[Delbert]
Yes.

[DA]
Answer, "About five minutes."

[Delbert]
That's what they told me.

[DA]
Th-That's the answer
you gave.

[Delbert]
That's the answer they told
me, then I agreed with 'em.

[cows mooing]

♪♪

[horse snorting]

[leaves rustling]

[birds chirping]

[car driving by]

Today, Delbert Ward is living
in the Madison County Jail.

Accused of killing
his brother and roommate.

State police report the body
of 64-year-old William Ward

was found in his bed
at 5:30 yesterday morning.

An autopsy showed
he had been suffocated.

Police believe 59-year-old
Delbert Ward

committed the crime.

Authorities don't yet know
a motive.

Everybody in Munnsville
knows the Ward boys.

Bill and Delbert used to ride
this green tractor

into town every day,
and their brothers,

Lyman and Roscoe,
they'd take the red one.

Good evening, everyone.

A man accused of killing
his brother out of mercy

is out of jail tonight.

As Christie Casciano
tells us,

an entire community stood
behind the dairy farmer

and, for Delbert Ward,
that means freedom.

[Female Reporter]
The story of Delbert Ward
starts here.

Ward lived and farmed here
with his three brothers

for most of his life.

But, life for Delbert Ward
changed on June sixth,

when his 64-year-old brother,
William died of suffocation.

Today, a judge set bail
for Delbert Ward

and Delbert's friends
posted bail.

After three weeks,
Delbert Ward
was released from jail.

[Male Reporter]
What are you gonna do first?

Goin' home to relax.

So, Delbert Ward
has cleared his first hurdle

with the law.

Even though the battle
isn't over just yet,

Delbert Ward says he has
faith in the justice system.

In Madison County,
Donna Speziale.

News Center 5.

[Male Interviewer]
Do you enjoy this work?

Sure. Always done it.

What do you like about it?

Well, the smell of the hay.

[stammering]

If you was around here
when you first cut it,

you get the smell of it.

It smells good.

What are you
thinking about now, Delbert?

I ain't thinkin'.

Just watchin' him.

So, if he breaks down,
I go help him,

if he breaks anything.

How long is this gonna take?

[crickets chirping]

Gosh, it's hard to say.

If you get it all
on one load or not.

He don't go too fast.

Do you mind that we're
making a film about you?

No.

Don't bother me.

He went natural.

Bill died naturally?

He, uh...

He went natural,
'cause he lost
a lot of weight.

[goat bleating]

And he always complained
that his feet botherin' him.

He always walked lame.

Yup.

[indistinct mumbling]

'Cause he-he-he
got awful thin.

He lost a lot of weight.

How was he the week before?

Huh?

How was he the week before?

The week before he died.
How was Bill?

Not too hot.

Well, you see,
back years ago,

he got cut with a chainsaw.

And that, that always
bothered him.

What happened?

Couldn't shut it off.

With the chainsaw,
what happened?

It cut him.

What did the police
say to you

when you were alone
in the room with them?

- Do you remember?
- No.

'Cause I was all shook up.

Worse than I am now.

- How was it then?
- Huh?

How was it then?

- Oh, I was bad down there.
- Why is that?

Well, 'cause I'm nervous,

[indistinct mumbling]
said not to bother me.

- You were nervous.
- Yeah.

Well, they said you
could have a stroke
or heart attack, you're gone.

Hm.

We're not making you nervous,
are ya?

Everything makes me nervous.

'Cause always was,
ever since--

[indistinct]
- Everything makes you nervous?

Yep.

Ever since you were
a little kid?

Yep, always nervous.

Why is-- do you
remember what was the...

I don't know...

'Cause I was probably
born to be nervous.

You were born to be nervous?

Probably.

I ain't the only ones
nervous, there's lot of guys
around here's nervous.

Like, who else is nervous?

Spend [indistinct]
these farmers,
you get nervous.

What makes you nervous?

Me?

I don't know,
always been nervous.

All my life.

So, that's what I'm gonna do.

♪♪

[indistinct mumbling]

[dog barking in distance]

When we were down
in the courthouse,

we, we went down
just to look.

Didn't have any idea
what we were getting into.

And when they posted it,

the judge said that he would
let him out on $10,000 bail.

And we went down,
I went down,

she sat in a seat up there
and I went down

where the lawyer was
explaining it to us,

'cause we're
a bunch of dummies, you know,

we didn't know,
understand the procedure.

And the lawyer said,
we gotta scrape up $10,000,

so I went back
to where she sat

and I said, "Mom," I said,

"you got your checkbook
with you?"

- Yep.
- And she says, "Yes."

And I said, "Jesus Christ,
make out a check
for a thousand dollars."

She says, "What for?"

And I says...

"They're doin' a lot of
talkin' down there,

they gotta scrape up $10,000
and nobody...

They're doin' a lot of
iffin' and andin',

but no money."

So, I took down the check,
hand to Charlie.

I said, "Charlie, here's
a start for the 10,000."

It touched the ball off.

Hell, we had 10,000
inside of

That's how they got our
picture.
- ...ten, fifteen minutes.

Hell, it wouldn't hurt any
more if it'd been my kid.

- Because...
- You wouldn't believe it.

W-W-We knew that...

The kid, you know, we've
known him all our life.

He isn't a kid, but he's
younger than we are.

Well, Christ,
he's 60 years old,

A lot younger, a lot younger.
- ...and we're 80.

Hell of a lot of difference.

And after they
got his whiskers off,
he looked younger.

Yeah.

He looked like Jesus Christ
when they when they
brought him in.

I imagine he's
got 'em on again.

Did you see him
before he had his whiskers?

[Interviewer]
Yeah.

He made me think of
Jesus Christ all of a...

i-in a way, you know.

Not that he was
that big a saint,

or anything,
you know, but, uh,

he was never any hell raiser.

[crickets chirping]

The DA, I think, he wants to
be elected again next term.

[Mr. Bishopp]
Well, I'll tell you
something...

And this is...

They're just trying
to blow this thing way up.

It's a, it's a political
thing, that's what it is.

It's somebody to make a big
name out of it.

They pick on somebody like
this, you know, that, uh,

nobody'd think
anything about it, you know.

Yeah.
- Well, they figured
they'd put him away.

Sure.

Put him away, and then...

and, put the other two
in a home somewhere

and that'd be it, you know.

Forget about 'em.
- Yeah.

[Mrs. Landers]
But don't you think
that Bill really just died

because he was sick?

Lyman said, at night, Bill...
was choking and coughing.

Yeah.

He was coughing.
He was coughing bad.

Yeah.

Yes, but if somebody put
their hand over your mouth,

would you fight him
a little bit?

Why, Bill, Bill was a lot
stronger than Delbert.

I think so, too.

- Delbert couldn't do that!
- Art went up there...

Not if Bill
didn't want him to.

There's no possible way.

They said he'd been dead
since midnight.

That's right.

And, and he, he's gonna
kill his own brother

and then sleep side of him
the rest of the night

until five o'clock
in the morning?

That's, that's right!
That's right.

It's just unbelievable what...

what they're trying to pull

and what they're
trying to do.

[dog barking]

♪♪

[Interviewer]
Delbert, what happened
the morning Bill died?

[Delbert]
Well, I got up,
I went outdoors,

I come back in to put
my boots or shoes on.

I hollered at him,
he didn't answer me,

and I went in there,
and that's... where he laid.

He was gone.

He died, so...

I got Roscoe up.

I just looked at him.

I didn't touch him
or nothing,

just looked at him,
I see he was gone.

[Interviewer]
Did he have a pillow
over his head?

No!
Did not!

Didn't have nothing,
only a blanket.

It come up to
about here on him.

He had a pillow
under his head.

Laying on it,
laid his head on it,

and he had one arm out

like, he laid like that,

just as though
he was sleeping.

I can tell
when a person is dead.

[chuckling]
You could, too.

I didn't know what was the
matter 'til I got up there,

and I see he was dead.

Took hold of his arm,
his arm was flimsy.

It wasn't stiff,
but it was flimsy.

Kind of cool, he wasn't cold,
but he was cool.

You could tell
that his arm was cold.

It was cool.

I didn't say cold.
Cool.

Shit, I don't think
he's been dead too long.

Th-That was six o'clock.

[John Teeple]
The, um, EMT people arrived,

and it's kind of
interesting in...

a country setting like this,

if the EMT comes,

everybody in the Volunteer
Fire Department shows up,

all of whom knew
the boys of course.

I hate to call 'em "boys."
It's...

They're known that way
i-in the county, but...

and I'm-I'm pretty sure they
don't think it's a put down,

but it feels like one to me.

The morning that Bill died,

um, John had called me,

and I went right over

and I was there like ten
minutes after he'd called me.

And I said to Delbert,

"Would you like John and I,

what would you like
John and I to do?

Would you like us
to do the chores here
this morning for ya?

Help you out this morning
or something?"

And Delbert says,

"I would like you and John
to go get a dark suit

and a while shirt and a tie...

for Bill."

[crickets chirping]

And he cried.

After they left that morning,

the police were certain
it was a natural death.

No question
in-in their mind.

[sniffling]

What happened later,
apparently,

is that the, uh...

they did an autopsy.

They did it
in about four hours,

which, at least,
I've been told,

is really not long enough
for a, a thorough autopsy.

And I judge the first thing
they found that was really
suspicious, they stopped,

so the police
came out here again,

and took all three brothers
down to the barracks

and questioned them,
and held Delbert,

who's confessed.

[dogs barking]

[Interviewer]
What happened that night
that they were af--

all those men in uniforms
were asking you questions?

What happened that night?

Huh?

The night all those men
were asking you questions,

what happened that night?

You said you were in,
in with the police,

what happened that night?

What kind of questions
did they ask you?

Well, they wanted to know
if you heard any arguments,

any noise,

and they wanted to know
if we heard any

guns or rifles
or anything go off.

I told them, "No."

Do you think Delbert
killed Bill?

That's what they figured,
but...

don't nobody believe it.

Just ain't nothing to it.

[stammering]
But everybody I talk to
tells it.

What else, what else
did they ask you that night?

Did they make you
sign something?

Did you have to sign a paper?

Just your name.

I wouldn't sign nothin',
but just my name.

They asked you
to sign your name?

Yep.

Did you read what you signed?

Yes... it was...

'bout, 'bout the murder
and stuff.

Brother Bill, yeah, that's...

They had that on there.

[Delbert]
You didn't read no papers
down there.

Not right out loud.

One cop did.

He says,
"There anything to it?"

I said, "No."

Delbert, can Roscoe read?

Not very good, I don't think.

I don't think he read it.

Oh, yeah.
They was awful quizzy, but...

I didn't know
nothing about it.

What do you think's
gonna happen now?

Well, they figured
Delbert killed him.

There was nothin' to it.

Not true?

No, not true.

It's not true.

Just as I said,
and always will,

he went on his own.

[Captain Loszynski]
After, uh, doing the
preliminary investigation,

which was in the early
morning hours of June sixth,

uh, I received a phone call
at approximately 5:30 PM

from the Medical Examiner's
office in Syracuse

regarding the cause
and manner of death

of William Ward.

Uh, the call was from
Doctor Germaniuk,

in which he explained
that he had discovered
certain medical evidence

which suggest that the death
was of suspicious origin,

and that we should proceed
with a investigation, uh,

regarding the circumstances

uh, of William Ward's,
uh, death.

[dog barking in distance]

[ominous music ♪]

[District Attorney]
You telling us you told the
truth to this jury today?

[Delbert]
Yes.

I'm telling you,
I told the truth.

You telling us...

that you didn't kill
your brother?

I didn't kill him.

Sir, in your statement,
you admit to killing
your brother.

I know I did,

but I didn't know
what I was saying.

Sir, this was
your best friend,

and you told the police that
night that you killed him.

Yes, I told the police that,
that night.

That was the truth that night
when you told them?

No, 'cause it
wasn't really the truth

'cause I didn't know
what I was sayin'.

You know the difference
between a truth and a lie,

don't you?

Maybe, maybe not.

[wooden leg squeaking]

There's a lot of history
in this place.

I seen some of the kids
I grew up with on my way in.

[Interviewer]
Do you know where it is?

No, not for sure.

It's, it's a wooden one,
though, right?

We heard it's a wooden heart.

[birds chirping]

[wooden leg squeaking]

Christ, there's a lot
of people here I know.

That one right there
must be it.

People shouldn't
be treated that way

just 'cause they're stupid.

Not really stupid,
uneducated.

Now, any investigator
in his right mind,

when they started
interrogating these boys

shoulda known

that they didn't have the
schoolin' and the stuff

to enable them to do anything
without an attorney.

Shoulda known it.

They're intelligent people,

but yet, they questioned them
all without an attorney,

and Delbert, to this day,
don't know what the hell

"to waive his rights" means.

It's just some words to him.

I said,
"What did you waive Delbert?"

I ask him straight out.

I said, "when you did that?"

"I don't know."

That's his answer.

I asked him again last week,
I says,

"What did you waive
when you waived your rights?"

He still don't know.

He waived his rights,
but he don't know

what the hell he waived.

That might've been somebody
walkin' down the street

he was wavin' at.

That's the truth.

I mean,
it's foolish as it sounds,

it's-it's
the God's honest truth.

So, how can you charge
somebody like that?

How could you took the
statement to begin with

from him like that without
having a lawyer present?

The confession of Delbert,

uh, which was obtained here
at the barracks,

um, consisted upon, or
consisted of, uh,

Delbert telling
State Police investigators

that, uh...

uh, he had thought about,
um, killing William,

uh, because of, uh, the
suffering that he had, uh,

observed Wi-William
going through

over the last several months,

uh, and he focused in
on extreme headaches

and stomach problems, and he
had a problem with his foot

that the cow had stepped on,

and he based, basically,
his-his criminal conduct,

in killing William,

on the fact that, uh,

he felt William
was going through, uh,

an extreme amount of pain,

and that, uh,
he felt that, uh,

he would kill his brother for
these reasons.

[wind blowing]

[Interviewer]
Roscoe, what's your
best memory of Bill?

Roscoe?

Huh?

What's your
best memory of Bill?

Huh?

What's your
best memory of Bill?

Best band?

[laughing]

I didn't hear ya, now.

[Delbert]
He don't hear you.

[Lyman]
He can't hear nothing.

Huh?

[Interviewer]
I-I didn't understand.

What was your
best memory of him?

Huh?

What's your...

[laughing]
It's okay if you're
on the film, Joe.

[Interviewer, Joe]
I-I don't wanna be
in the film.

I'm gonna stay here,
and you stay here, okay?

And just tell me what your
best memory of Bill is.

The best memory?

Well, we went to Oneida.

We got our groceries.

He got his stuff he wanted
for to fix his water.

Done all his chores,

had supper,

and went to bed about,

about nine o'clock,
wasn't it, Delbert?

Around nine o'clock
or a little after,

[metal jangling]

and I thought I was gonna
see him the next morning,

and I didn't.

How'd you feel about that?

Bad.

'Cause he's gone.

If somebody put hands,

put their hands
over his mouth,

he'd have to have marks
on him wouldn't he?

And he didn't have
no marks on him.

[crickets chirping]

[Interviewer]
They said there was
a pillow over his face.

Well, they put that
over there.

Who put the pillow over him?

The police, I think.

[cat mewing]

'Cause the...

the first time I,
they show me his pictures,

he laid just the way I found
him, with nothing over him.

Then they took me down there
to the courthouse again,

and that's when they
showed him with a...

pillow over, over his face.

Why would the police put
a pillow over Bill's face?

Well, 'cause they want
this right here.

Right here.

They want this land.

We know, for a fact, that
two of the State Troopers

who interviewed
a neighbor of Delbert's,

in addition
to asking about the case,

asked if the neighbor was
willing to sell his property.

Now, you've gotta remember

that we're talking about
an area in Madison County

that's right on
the, the edge of becoming

a very, very suburban type
of an area,

so that these farms
a-are worth a lot of money

to a developer.

If it's true...

it's one of the most
disgusting things

that I've seen as a,
as an attorney
in-in 13 or 14 years.

To think that somebody, uh,
for purely monetary gain,

would, uh, convince somebody
t-t-to write a confession,

or even worse,
put words into his mouth.

I cannot fathom

that there would be any
reason whatsoever for anybody

to want to have
acquired that land,

other than another farmer
to use it as farm land.

Uh, and to suggest that any
of the State Police officers

involved in the investigation

would even consider doing
something like that

is just ludicrous.

♪♪

[Jerry Reid]
If anybody ever
grew up on a farm,

when a cow has a calf,

a lot of times, they get
paralyzed in their backsides,

and they have trouble
gettin' up,

and if you don't make 'em
get up,

they can't clean themselves
of afterbirth.

So, it's a very common
practice

amongst any and all farmers,

to hold the nostrils
and the mouth of a cow
that's down,

and once she gets
short of breath,

she'll just jump right up,

and she'll be
healthy as ever.

I still feel,
from the beginning,

that that's all
that Delbert was trying to do

was to treat his brother
like a cow

because that's all he knew.

He was just trying to make
him get up and go, I think.

I have no qualms in my mind,
he died in his sleep.

For these guys, time stopped...

back in the days
when they were growing up.

They were poor.

Uh, if they had an animal
in pain...

the animal,
they wouldn't let
the animal suffer,

they'd put it
out of its misery.

That's the type of thing,
that's the way they think,

and...

for two brothers who loved
each other like they did,

to...

for one to watch
the other in pain,

day after day after day, uh...

you know, it's very likely
that the man, you know,

they agreed between
themselves, I'm sure,

and Delbert didn't wanna see
him suffer anymore,

and he took his life.

♪♪

[Interviewer]
You looking forward
to tonight?

[Roscoe]
Yeah.

You gonna dance?

I'm gonna dance.
Are you gonna dance?

Yeah.

Did you get a shave today?

Who, me?

Yeah.
I cut 'em off.

Why?

For tonight.

They got a little too long.

What got too long?

Whiskers.

So, you cut 'em off?

I did.

I didn't get 'em all,
but I got,

I got the most of 'em.

♪♪

[Roscoe]
Hi!

[Woman]
You're Lyman.

Lyman's right out there,
he's comin'.

- Oh, you're Roscoe.
- Right.

- Want me to help ya?
- No.

Oh, I will.

I should know
all these boys by now.

I know it, I know it.

We're cousins.

That's right.

Oh, but you don't cry.

[Interviewer]
What's for,
what's for dinner?

Well, we got
a little bit of everything,

whatever you wish.

Baked beans,
scalloped potatoes...

Fruit salad, macaroni salad.

I'll tell you something
I bet you've never had,

barbecued venison
in the crock pot.

Barbecued venison?

Yeah.

[overlapping chatter]

[Reporter]
Delbert, laugh!

[laughing]
- Yep.

What do you think
of this whole, uh,

this whole party
put together for you?

I think it's good.

Why do you think
they're doing all this?

To help me,
they're all my good friends.

All these people,
obviously, are behind you

in saying
you didn't kill your brother.

That's right, I didn't.

You didn't.

A lot of people are saying,
if you did...

I mean, a lot of people who
are supporting you

are saying, well, they don't
know if you did or didn't,

but if you did,
it was a mercy killing.

Any response to that?

I don't think much about it.

We believe
this man is innocent,

and that's why, uh,
we're at this party.

We believed it right
from the very beginning,

and we always
will believe it.

[Interviewer]
Why?

This is not
the type of man

to commit such a,
a vicious crime.

He, he's just not
built that way.

He's a, an easy going,
lovable individual,

and I sincerely believe that
this man will be acquitted,

and my wife
believes the same thing.

Did-Did you know him?

Do I know him?
Well, my, uh, my nephew...

is... that's-that's-that would
be his uncle,

and I've met him before,

a few times,

and he's a very, very fine
talking, uh, individual,

who never should've been
arrested at no time.

Okay.

Coming in three, two...

A murder trial
is nothing that unusual

for central New York.

What is unusual here
is the national
media attention

this is getting,
and the crowds of people

who have come out to support
the accused killer.

One more.

A murder case is nothing that
unusual for central New York.

What is unusual here
is the national
media attention

this is getting,
and the crowds of people

who have come out to support
the accused killer.

[country music playing ♪]

[people whooping]

Two...one...

Delbert Ward will return

to Madison County Courthouse
next week,

so attorneys on both sides

can present evidence
to the judge.

Friends here seem optimistic,

but they say it's frustrating
to know that,

despite all their efforts,

all they can really do
is sit and wait.

Allison Alexander,
News Center.

[party chatter]

♪♪

I really think
that most people

thought that they
minded their own business.

They were different.

As long as they
didn't step on your feet,

why the hell were you
gonna step on theirs?

Well now, like, going in down
to the confections store,

or whatever to eat,

I kind of hate to eat after
they did, wouldn't you?

You wouldn't, you know...
- You know, wouldn't...

You wouldn't go right down
and plunk your ass down

on the same table that they
were sitting at.

Same chair...

You'd move over a little bit,
'cause hell, uh, the smell.

Might get the best of ya.

You know they sweat...
- [Mrs. Geisler laughing]

They worked and, hell, I
don't think they changed
their clothes

in maybe six months,

unless they...
- No.

...went to a funeral
or something like that.

But they went,
uh...

the girls' weddings.
- Yeah.

And then they were
dressed up.
- Yeah.

[Interviewer]
And yet, you helped them.

That's right,
and I'd, I'd help 'em again.

Yeah, they went to the, to
the girls' weddings,

Hell, they're a part
of this damn community.
- 'cause we did, too.

We've never had
a murder here,

as I ever remember.

There's always been
this antagonism

between the big city
a-and the rural areas.

You know, if, if you
are born in the rural area

and make it good,
it must mean
you go to the city

and make it good.

It's not,
you go down the road

and start your own business.

It's, you go to the city
and make it big.

And city people, I think,
are inclined to look at
country people as bumpkins.

As, uh...

probably not terribly bright,

and maybe, not awfully
strongly moti--motivated,

and nothing can be further
from the truth if you see,

see the way some of
these farmers work,

and I suspect
the city stereotype

is probably within the heads
of the BCI

and the District Attorney,

and they probably
don't know it,

it's just, it's part of
the culture that you think

rural area is that way,
you see,

and I-I think...

I think, maybe...

that...

part of the drawing together
of Munnsville behind Delbert

is that the
"We against Them,"

them being the, in quotes,
"Big City DA,"

trying to get poor Delbert
up there on the hills.

♪♪

[car honking]

[Thurston]
The boys never got
any attention before.

When they had them dances
and stuff for him down here

and put on the benefits,

to Delbert, that was a party.

He didn't realize,
I don't think,

that we was trying to raise
money for his defense

so he wouldn't go to prison.

Nobody'd ever give
the Ward boys a party.

Not ever in their life.

So, here, all of a sudden,
is all these goddamn people

crowded around
and giving him a big party

and Delbert's dancing,
the first time in his life.

[cow mooing]

People coming up
and asking him to dance,

and hell, they wouldn't have
danced with him before,

for Christ's sakes,
if you had paid 'em to.

From what it appears,
uh, in the area,

the Wards were kind of
outcast people.

You know, they weren't
generally accepted

down there,

and it's one thing for...

the people who live there to
consider somebody an outcast,

but he was still
their outcast.

You know, if it
comes up to somebody else

looking into
the, the lifestyles
of people down there

and accusing them
of something, it's...

I find it's natural,
in some of these rural areas,

that people stick together.

They stick by their own,
the people in the area.

And that they went to,
went to back him

as being an underdog,

not caring really,
in my estimation,

whether he was right
or wrong, at that point.

He was just one of theirs.

Delbert told me...

that they were asking him all
kinds of questions,

and he was saying yes and no,

and he was getting tired,

and one of the troopers
said to him,

"Delbert, if you sign
this paper right here,
I'll take you home.

I see you're tired."

And Delbert said,
"I signed the papers,

and he slapped the handcuffs
right on me.

Took me to the lockup."

Makes you wonder, don't it?

[dogs barking]

The first time
I was ever in jail.

I hope it's the last time.

Don't have no room,

wasn't much wider than from
here over to where you stand.

You walk out in front
of your cell,

your cell was only
just a little one.

Concrete floor,
- [cats mewing]

and then the little room
you had to walk in,

had floor tile on it.

Only, only place you had
to sit was just like this,

back right up,
sit right on the concrete,

and then lean right up
against the blocks.

[Interviewer]
Were you ever in a place
like that before?

No. Never.

[spitting]

Didn't you sign a confession?

Yep.

How come?

'Cause I didn't know
what I was doing.

I was nervous,
and all shook up.

What did they have you sign?

Two or three papers, then had
to put your initials on 'em.

Did you read the papers?

I couldn't see them 'cause
I didn't have my glasses.

Can you read?

A little bit, not much.

It wouldn't have
done me no good

if I did have the glasses

'cause they,
they wasn't no good anyway.

What'd they tell you
to get you to sign it?

I don't know what they
did tell me now.

Did they read it to you?

Yes, they read it.

Did you understand it?

Some of it, I did,
and some of it, I didn't.

Did they tell you you could
go home if you signed it?

No, they didn't tell me
I could go home.

What'd they say?

Well, they said
it'd be easier on you.

It would be easier, if what?

On me.

But it wasn't.

I don't think.

♪♪

[dogs barking in distance]

[Cognetti]
When we were
in the Grand Jury,

a photograph was,
uh, given to Delbert,

and he was asked
to identify it.

It was a photograph of his,
of his brother

lying prone on the bed.

What was interesting
was that there was a pillow

that appeared to be
over the face.

Um, I don't know how or why
the photograph was offered.

I would hope...

for Mr. Cerio's sake,
that it wasn't offered

to represent the body
as it was when it was found

because, if it was,
that's not a true photograph.

The... In fact, the body, when
it was found that morning

by the first, uh,
first person in the bedroom,

had no pillow near it.

As far as any fabrication of
evidence, uh, regarding, uh,

uh, putting a pillow over
William Ward's case,

regarding taking photographs
of the scene, um...

I would like to use the term
"outrageous," regarding that,

because the State Police
is not in the business

of, of fabricating any type
of physical evidence.

Uh, we go on the merits
of the case,

and if the merits
of the case,

uh, substantiate and suggest

that there is criminal
culpability, then we proceed.

If it doesn't,
we conclude our case,

and we close it
by investigation.

[Interviewer]
So, Lyman...

what were you telling me
about the women in town here?

Oh, there's nice women
in town.

Yeah?

There are.
I know every one
of them in there.

What do you think?

Oh, there're nice women.

Yeah?

Yeah.

They're-They're pretty good,
pretty good friends.

- Yeah?
- Yep.

Them women I know
are gone now.

Used to know.
- They ain't there anymore.

Them young ones.

You get married, you're gone!

[Roscoe]
You get married, you're gone.

Did you guys used to,
you know, have, like,
girlfriends and...?

Nah, I didn't have any.
- Nah.

[Roscoe]
Lyman never wanted
a girlfriend.

Not like you,
I wouldn't have them around.

[Roscoe] Me neither.
- Why?

Oh, I just don't know, just
don't want them, that's all.

Got to put that
on her finger.

Yeah.

Ever thought of
getting married?

- No.
- Come on.

No, sir, that's out of
my territory.

I never, never thought of it,
and I wouldn't, I wouldn't.

All the nice women you bring,
I wouldn't.

Not me. No, sir.

[Roscoe]
My brother, Bill, he didn't
want no women either.

Ike up there,
my cousin in the bus,

he don't want no women.

He said he'd rather
live alone.

Watch his, uh, his CB nights,
and watch his television.

♪♪

[Investigator Graham]
Lyman eventually
told us that, uh,

they had talked about
killing William

a couple days prior
to his death.

That conversation took place

out in front of
their residence.

In fact, Lyman said
it was under a big tree

in front of their house,

where, um, Delbert came up to
Lyman and says, um,

"You know, Brother William
is-is in a lot of pain

with his stomach and h-his
head problems.

He has continuous headaches,

and I think it's about time
that we did something, uh,

to help him,"

and then Lyman
asked Delbert, he says,

"What do you mean by,
you know,

'It's about time we
did something.'"

He says, "I think we, uh,
you know, should kill him

so he's not
suffering anymore,"

and initially,
they talked in regards

to how they were
going to kill him,

or how Delbert
was going to kill him,

and Delbert decided
he was gonna use a rifle

and shoot him in the head.

Um, Lyman had explained
to him that was too messy,

and he didn't wanna
do it that way,

or have it done that way,

and it was decided that
Delbert would choke him,

um...

and kill him.

♪♪

One of the problems
that I've...

as I am sure
you are well aware,

one of the problems
that I've had with the,

the incredible press coverage
is that it is...

presenting to Delbert
a whole 'nother world

that he's not used to,

and by presenting that
to him,

it's, it's changing him
in, in some form,

um, and it is to my benefit,

I should say,
it's to his benefit,
that he appear,

uh, to the jury as he was
on the date

that this incident
allegedly took place.

Um, I would hate...
[stammers]

it comes to mind,
the example of him
testifying,

you know,
in a sharkskin suit,

with his hair slicked back

and, and sunglasses on.

Now, that would never happen,

but that's
what I'm getting at.

I don't want him to change.

He's still is obviously
a shy, gentle person,

but he's becoming
somewhat, uh,

schooled in the ways
of the world.

♪♪

[inaudible dialogue]

[chickens clucking]

[muffled auctioneer]

Dollar and a quarter.
[mumbling]

One and a half. Dollar 75.
Two dollar, and a quarter.

[auctioneer continues]

It seems odd to see Delbert
here without Bill.

I've known them, them guys,
what, 35, 40 years,

never, never seen 'em apart.

Never seen 'em apart.

Delbert's changing, I think.

- Delbert is changing.
- Yeah.

Delbert is changing.

Yeah, Delbert is changing.

♪♪

[chicken squawking]

[auctioneer continues,
indistinct]

[Art Bishopp]
Delbert, well, he hasn't
changed in 40 years.

I do know that.

No, he hasn't changed.

See, the nice part
about Delbert,

he tells you something,
you can believe it.

This guy says,
"Good morning,"

you gotta look out
and see if it's night.

You know, I used to come up,

I used to see Delbert
when he was down here.

Delbert was here,
wasn't you, Delbert?

Mm-hmm.

I was, uh, I was 15 years old
when Delbert was born.

Oh, Delbert's a good boy.
- It's kinda scary.

Always has been.

When it, when it boils down
to everything,

I think it come out of
the kindness of his heart.

That's what I, that's what I
believed from the beginning,

and I believe it today.

♪♪

[auction continues,
indistinct]

[chicken squawking]

Well, I-I-I do believe
h-he probably,

he probably did do it
out of, you know...

but it's, it's, uh...

At first, I didn't,
I didn't believe it,

and then we started
putting everything together,

with, you know, with Bill's
troubles and all and, uh,

and if he,
if he was suffering,

it wouldn't be beyond him,
probably, to...

like, put him
out of his misery,

like you would a sick cat
or something like that.

But, uh, it was, it was hard
to talk about it while we,

you know, with Delbert around

'cause I know he
probably feels bad.

But they've been damn,
damn good boys.

Our objective
in any interrogation

is to solicit
incriminating responses,

and, uh, I mean, we're in the
business of...

of, of doing police work and
doing effective police work,

and we use the, the methods
and techniques

that are, are
most productive to us,

and it's my opinion that
Question and Answer

is the most productive
in an interrogation.

[Thurston]
Were you befuddled in any way

on the sixth of June
by this whole procedure?

Um, no, I guess not.

Do you know what
befuddled means?

No, I don't.

We discussed, briefly,
if he knew what
any of his rights were,

and he remarked, right off,
that he, uh, he watched TV,

especially, uh, "Hunter,"

which is a detective show,

and he did know
some of his rights, verbatim,

uh, already.

[Thurston]
Did they suggest to you,
in any way, that,

how you might have
killed Bill?

Yes, they did.
They showed me how I done it.

Could you show me?

Yes, I could show you.

Well, go ahead, show me.

[muffled] That's tight as you
can squeeze?

Can't kill me. [mumbling]

[muffled laughing]

What he told us, that night,
is what I'm relating to you,

and that's what he told us.

After the fact,
a lot of words
were put in his mouth,

but...

there was no, no...
Investigator Rifenberg

didn't demonstrate on me,

or I didn't
demonstrate on him.

His exact way of doing it

was he put his hand
over his own mouth

to indicate how he did it.

[cows mooing]

[District Attorney]
So, at that point,

they want to take a written
statement, right?

A typed statement?
- [Delbert] Yes.

They want to put that
down in writing,

and they told you that.

Yes, they told me that.

And you said yes.
- Yes.

And you remember them telling
you that it was a crime

in the State of New York...
- Yes.

...to give a
false statement...

Yes.
- ...and you understood that?

No, I didn't understood it.

You didn't understand
that it's a crime to lie?

No, 'cause I knew
I didn't kill him.

And then they said to you,
"Delbert, if this is the
truth, sign this statement."

Remember him
telling you that?

Yes, I remember him telling
me that.

And you signed the statement?

Yes, I signed it.

Now, you weren't handcuffed?

No.

They didn't have their guns
out pointing them at you?

No.

You say they read this to you
about four or five times?

About that.
- About that.

And each time, you told them
that was the truth

and those were your answers?

Yes, I thought
that if I cooperated,

I would get out of there,
but I didn't.

[birds cawing]

They've jumped from,
uh, sex to, with incest,

or whatever you'd call it,

between the boys, to mercy
killing to,

what the hell, who knows.

They still haven't come up
with any motive

for why he would kill him.

Bill was the whole push
behind this family.

He was the boss.

He walked in front,
and Delbert walked
back of him,

and when Bill stopped,
Delbert would run into him.

That's the way they lead,
and that's the way
they followed.

They were two men that walked
the same pair of shoes,

so Delbert wouldn't, no way,
done anything to Bill.

According to my information,

and it must be...

on the record now,

they held Bill's body
two days

over at the funeral parlor
to do a rape test on him.

It come out inconclusive

or whatever the hell
they put it.

So, that was nothing.

[Interviewer]
What were they looking for?

Looking for sperm
in Bill's body.

That was because they
always slept together,

but if they'd found it
or not,

what the hell difference
does that make?

We got a lot of goddamn guys
down in New York City,

where you boys are from,
that sleep together.

[laughing]

And they ain't doin' it
just because it's
a way of life, either.

I mean, that would have
no bearing on the case,

whatsoever, in my mind.

We have lesbians and gay
people all over,

so why the hell
they was bothering
with Bill and Delbert?

I don't understand that part,

but they were just
fishing for something

to justify
what they were doin'.

That would be my
understanding of it.

Like a witch hunt.

Like the mercy killing.

He hasn't been sick, uh,
any more than normal.

For Bill, Bill was always
hobbling or lame

or a thumb-bunged
or his arm hurt or something,

and every time I had
ever seen him,

he's always had something
bunged up on him, so...

He wasn't sick...

so that would rule out
the mercy killing,

so what the hell else
could they come up with?

I think, probably, that...

you get a few
narrow-minded people,

it wouldn't matter
who slept together,

they'd have to
think the worst of 'em.

That's they way
our society works.

We're not back a hundred
years ago,

whatever you did
was all right.

Before we got heat
in the houses,

which the boys don't have no
central heating or anything,

they slept together,
probably, more or less,

for warmth,

so they wouldn't
freeze to death.

We used to have a wood stove,
and it heated one room.

You'd burn your belly
and freeze your ass.

When you get up to bed,
there was no heat
in all our bedrooms.

Oh, I think these boys
are the same way.

They just slept together
when they was kids,

and why the hell change it?

Was a comfortable arrangement
all the way around.

Just a habit.

These not are the most
educated people in the world.

It probably
never dawned on them

that anybody
would ever question

why they slept
in the same bed.

And before Bill died,
I don't think anybody
ever paid any attention.

You wouldn't think nothing
about it.

Hell, nobody ever went
in their house anyway.

Always talked
in the cow barn.

I've known them since,
for Christ's sakes,

for better than 50 years,

and I never been in their
house, only twice.

So, what the hell
did I care where they slept

or anybody else?

It's nobody's damn business.

So, when the investigators
pulled that one,

I was kind of surprised, but...

I guess they'd pull
most anything

when you get your tail
caught in a crack in a log.

[chuckling]

[dogs barking]

[Interviewer]
When was this house built?

What, sixty... five.

Musta been, 'cause Ma lived
in it just about a year

before she passed away.

And she died in '65.

Or '64, then, it was about.
- '64, probably.

I'd say.

Was there a house here before?

There was an old house,
sat over on this other side.

Over on this other side.

What was,
what was your mom like?

She was a good person,
good lady, good mother.

Yeah.
- Do anything for you.

She died of cancers...

Didn't she Delbert?
- Ma.

Yup.
- Yeah, so did Dad.

Yeah.

[stammering]
Sister Emma had 'em.

Moses' mother.

I think Bill died
with a cancer, too.

I do. He did.

♪♪

This battery's
not too lively.

[indistinct mumbling]

It's the battery.

[engine sputtering]

Don't think either one of
'em's any good.

[cows mooing]

[engine sputtering]

Goddamn fuckin' thing.

[cows mooing]

I don't think she's gonna
start, Lyman.

[engine sputtering]

[indistinct mumbling]

That's the end of it.

Yep.

♪♪

[wind rustling]

[dog barking]

[dog whimpering]

[music on tv]

Our first story
is about some people

you just don't see
on television.

I mean, they're almost
from a different era.

Sort of unbelievable.

You just have to
see this story.

It's about the Ward brothers,

Delbert, Roscoe,
Lyman, and Bill.

All bachelors, who live
together in a cramped shack,

where they were born
in Munnsville.

It's a small dairy town
in central New York state.

The Ward Boys,
as they've always been known,

lived the way farmers did
200 years ago.

They never learned
to read or write.

They have no running water,
no modern farming equipment.

Nobody in town ever
paid much attention to them,

until one day last summer,

when Delbert was charged
with murdering his older
brother, Bill.

Suddenly,
the people of Munnsville

rallied around Delbert.

It's hard
to put into words just...

how simple they really are.

They never really grown up.

They're just
plain, simple boys.

Little boys,

with old man's faces.

He wouldn't even shoot a cat
if he was half dead.

Talking about killing Bill...
no way.

No, he didn't.

[Connie Chung on TV]
What did the police ask you
that night?

[Delbert on TV]
Well, they asked me
if I killed him,

and I tried to tell them,
"No,"

- They wouldn't.

- They said,
"You did, you did."

[Chung] You told him
you didn't kill him.

[Delbert] Well, I tried to,
but they wouldn't believe me.

[Asst. DA on TV]
I just slid my hand
around his head,

came up, covered his mouth,

and held my hand there for a
period of about five minutes.

You're a goddamn liar.
- Yeah.

[overlapping talking]

'Cause you told, you told me
that's how I done it.

Goddamn liar.

You told me
that's how I done it,

showed me how I done it.

[Asst. DA on TV]
He showed how he was laying
in the bed...

That son of a bitch wasn't
supposed to have been there
until 7:30,

they brought him in just to
read the confession over,

didn't he?

Yes, he's a son of a bitch
and a liar.

Yeah, he's lying like hell.

He wasn't supposed to been
down there

according to
the Huntley Hearing 'til 7:30

just to read that confession
over to you.

Are you crying Delbert?
- No.

Sometimes I do.

You don't have to pay
no attention to that.

Why were you crying Delbert?

Well, I think of Bill a lot
down there again.

Then Jane or Moses or Glenn
come in to see me

or some of my other friends,
and then I'd start crying.

[Connie Chung]
After 20 days, Delbert's bail
was finally set at $10,000,

and the people of Munnsville,

who had never before embraced
any of the Wards,

raised the money to free him
in a day.

We're all your friends.
- I know it.

We're always gonna be
your friends.
- I know that.

And we wish you a lot of
health and happiness.

Thank you, all.
- In your 60th year.

[man] And he hopes he gets
out of this.

We know he's gonna
get out of it.

[Asst. DA] And I think
Delbert knows what happened

that night on Johnson Road.

He has to live with it
the rest of his life.

[Thurston] He had no problem
with it, so far,

you son of a bitch.

If I ever get the chance
at that bastard,

and he's on my land,
he'd better pray.

'Cause I'm gettin' so goddamn
old and so goddamn sick

that I don't care
too much anymore.

It makes me a dangerous man.

[Connie Chung] Delbert Ward's
trial is expected to begin

in a few weeks.

Organizers in Munnsville
are planning

several benefit raffles
to cover the cost
of his defense.

We'll be back in a moment.

[music on tv ♪]

Well, Roscoe, you...

had your snoot stuck in that
television camera all summer.

How'd you like seeing
yourself on television?

All right.

Is that all, after all that?
- Yeah.

Christ, you hogged it
all summer,
didn't he Delbert?

Yeah!

Every time they got out a
camera, there was Roscoe,

smilin' and grinnin'.
- Yeah.

You did a good job, though,
Roscoe.
- Yeah.

I give you credit for that.
- He did do a good job.

Yup.
- They didn't shake you
a goddamn bit.

Well, I didn't sign no
goddamn papers with them,

did I, Harry?
- No.

Lyman wouldn't of signed
the goddamn paper

if they hadn't told him
he could come home.

He was so goddamn scared,
he was pretty near dead.

Look at the goddamn night
he was so bad.

Jesus Christ, I come up and...

I had to call you for him
that night.

Thought- thought Roscoe was
gonna die, we did,

Jesus Christ, so I told him
he had to get better

'cause Connie Chung
was comin' the next day,

and, God, he snapped right
out of it.

[laughing] He did.
Snapped right out of it.

And he hasn't been ill since.
- No.

"All right," Roscoe said,

"I'll go to bed and get
rested up.

I'll be all right
in the morning."

Yeah.
[laughing]

Joe and Bruce, come on.
Come on up.

I wanna show you the old-old-
old gobblers.

♪♪

[indistinct]

We named one Joe,
and one, Bruce.

H-Hear 'em, Joe?
[dog barking]

Gobble, gobble, gobble.

[laughing]

I ain't fed ya yet.

[turkeys gobbling]
That one wants some trouble.

Gobble, gobble, gobble.

Come on over, Joe and Bruce.
I wanna show 'em to ya.

If I can get in there.

[turkeys gobbling]

There- there's Joe,
the big one...

...and that one over there's
Bruce, the one h...

the one lookin' towards
the windshield.

[Interviewer] You named your
gobblers after us?

Yup, that's right.
[laughing]

How come?

Well... good name!
- Yeah.

Good friends.
That's why I done it.

That's nice.
Well, we're honored.

I know that.
- Yeah.

[dogs barking]

How come you like
collecting birds?

Oh, well, I always did.
- How come?

I don't know.

I used to keep wild doves,

but I never had no luck
with 'em.

Well, what is it about birds
that you like?

Oh...

I like to see 'em around
and hear 'em- hear 'em-
hear 'em holler.

Always did.
[turkey gobbling]

Always like to hear them.

Gobble, gobble, gobble,
gobble, gobble!

See them going?

H-He knows there's something
going on.

Can't fool that old bird.

[Cognetti] I wanted you here
today for several reasons.

The first, is to let you know
what's been happening.

I really haven't had an
opportunity to speak with-

with, uh... Hey, Roscoe.

Roscoe!

[speaking Italian]

[laughing]

I haven't had an opportunity
to speak with a lot of you,

since maybe even
the bail hearing,

which was many, many,
many months ago.

I am very disappointed
at what I see

from the District Attorney's
office.

At the time that the body
was moved to the...

uh, funeral home,

the clothes were taken
and Doctor Germaniuk,

sometime thereafter,

discovered that there was
some sperm

on the pant leg of William,

and some sperm on William
himself,

on his body.

That, at that moment,
changed his whole theory
of the murder.

It no longer is, at least,
this is what we've been able
t-t-to fathom,

it no longer is
a mercy killing.

Believe it or not,

it's a sex-gone-bad murder.

I think the allegation,

perhaps along with
some other things,

is that Delbert and William
were having sex,

uh, that a fight occurred,

and that Delbert
killed William.

That's-That's incredible.

That's what the new theory
may very well be.

He had continually said it
was Delbert's,

it was Delbert's,
it was Delbert's,

and we kept saying, how in
God's name do you know that?

Don't you think you should
check and see
if it's William's first?

Or is it the cow's?

Or is it somebody else's?

Now, I am so upset, and I
don't know what else to do.

If I could,
I told somebody over here,

if God were to tell me,
today, I'm gonna die,

the first person I-
this is great for them-

the first--
[laughing]

the first person I would kill
is Mr. Cerio.

I don't have any problem
with the guy

prosecuting the case
to the best of his ability.

They're going beyond that.

I think they look like
a bunch of fools

in Connie Chung's story.

I don't know where
a State Police Officer has
the guts--

[applause]

...to tell
on national television,

"I know he did it."

All of a sudden,
he's judge and jury?

Let me tell you
something else.

When this trial comes,
we're gonna have this planned

as if it was a Broadway show,

and I'm gonna ask
every one of you right now,

I want you to find
ten people,

and I want
that courtroom packed

every minute of every day,

and I want you people to look
those jurors in the eye
when they sit there.

That's what-
that's what I want,

and we'll take care
of the legal end.

I guarantee you,
you will be proud

of what's going to happen,

but I need your help.

I-I need your help,
a-and, uh...

I can't do it without you.
I want you people there.

Every day, from the moment
we begin,

to the moment we end.

You can bring your lunches.

I-It's gotta be that way.

I want- I want the people
in Madison county to know

that this stuff can't happen.

The problem is,
because it could be you
next time

or you next time
or you next time.

[dogs barking in distance]

[door shuts]

Well, Delbert,

this is the day
we've been waitin' for,

maybe we'll get it over.

Maybe.
I hope so.

I got one wish.

My birthday's next Tuesday.

I hope they bring in
the goddamn verdict

that you didn't do nothin'
for a birthday present.

[engine starts]

[Court Clerk]
All rise, please.

[gavel bangs]

Madison County Court
is now in session.

Honorable William F. O'Brien
the Third presiding.

Yeah.
Good morning and thank you.

Have a seat, please.

[cough]

Ladies and gentlemen
of the jury.

This is a murder case,

wherein, the defendant,
that man...

...is charged by indictment,

with having intentionally
caused the death of another...

...in this case, his brother,
William J. Ward,

by placing his had or hands

over the nose and mouth
of his brother...

...thereby intentionally
causing his death

by asphyxiation.

You will hear
that the defendant,

at that time,
stated to Police Officers,

"After Bill went to sleep,

I decided to put my hand
over his mouth."

He said that he held his hand
there for about five minutes,

until he felt that William
was dead,

and at the conclusion
of this case,
ladies and gentlemen...

...upon the conclusion
of your deliberations...

...I will ask you to return...

...a verdict of guilty
in this case.

Guilty of the crime of murder
in the second degree.

Ladies and gentlemen,
let me begin
by saying simply...

...perhaps dramatically, that...

Delbert Ward did not...

...murder his brother William.

Delbert Ward could no sooner
kill his brother, Bill,

than he could kill
a half-dead tom cat.

I would submit,
ladies and gentlemen,

you will unquestionably learn

that what we have is a child
in the body of a man.

Here is a man,
whose disability,

whose simple personality,

made him susceptible
to tactics,

that would have been
recognized by you and I,

as coercive, when used
against Delbert Ward.

Here's a man, who allegedly...

...signed an alleged
confession...

...and that confession, ladies
and gentlemen,

that confession
is the only proof

that the prosecutor
will show you,

will give to you
over the next several days,

that can connect Delbert

with the murder
of his brother, Bill.

There was and is
no independent...

...medical proof...

...that William died
as a result of a homicide.

You must come back,
ladies and gentlemen,

and tell Delbert and I
that you find him

not guilty...

...of the crime of murder
in the second degree.

As I remember,

m-m-my feeling was that he
was telling it like he is,

he didn't know
what was wrong,

and, uh, that's what he said,

he said, "Something's wrong
with Bill."

Oh, all over the world
everybody knows Delbert,

in our hometown.
[clears throat]

If you saw him again,
could you pick him out?

Yeah.

Could you recognize him?
- Yeah.

Is he in the courtroom?
- Yeah.

Well, would you- can you
point him out for us, please?

Okay.

The gentleman
with the gray beard?

What was that?

The gentleman
with the gray beard?

[laughing]

What?

I-Is it the man
with the gray beard
you're pointing to?

Yes.

The record may reflect

that he has identified
the defendant.

[rooster crows]

Come on.

♪♪

Come on.

[turkeys gobbling]

[dogs barking]

[Judge] You may proceed,
Mr. Cerio.

Thank you, Your Honor.

Would you state
your full name, please?

My full name is Humphrey Don
Germaniuk.

H-U-M-P-H-R-E-Y-
D-O-N-G-E-R-M-A-N-I-U-K.

And could you tell us
what a Medical Examiner is?

A Medical Examiner
is a licensed doctor

whose function it is to
determine a cause of death,

a manner of death,
and to investigate death.

A cause of death

is any event that,
ultimately,

is responsible
for the individual's demise.

The manner of death
are the circumstances

in which the cause of death
took place.

Let's take an example
of an unnatural death,

where there's an individual
lying on the floor

of his or her home.

The individual is lying in a
pool of blood.

There's a revolver
next to the individual.

There's a hole
in the individual's head.

The cause of death,
more likely than not,

would be gunshot wound
to the head.

But what is the manner?

What are the circumstances
surrounding that?

Did someone shoot him or her?

Did they take their own life?

Or was it an accident?

So, even though we may have
the same cause of death,

the manner may vary.

Suppose this individual
was a businessman,

whose business was failing.

He was in financial troubles.

Recent divorce,
perhaps depressed.

There's no evidence of
breaking into the house,

no evidence of rummaging,
no money taken.

Then, more likely than not,
we begin to think

that this could be a suicide.

Let's take the same body,
same pool of blood, same gun,

same floor, same building.

The cause of death is still
gunshot wound to the head,

but if we find out that the
house has been broken into,

money has been taken,

the drawers have been
rummaged and disheveled,

then we begin to suspect
that perhaps

this could be a homicide.

[heavy breathing]

Mr. Cerio will ask you
some questions, Mr. Ward.

Mr. Ward,
c-can you hear me okay?

Can you- can you tell us,
sir, your full name?

Lyman George Ward.

How old are you, sir?

How old are you?

Sixty-six.

Sixty-six?

Do you remember
when William died?

I remember when he died.

Where were you?

When he died?
- Yes.

I must have been in bed.

- Must have been in bed.
- Huh?

Must have been in bed.

[unintelligible mumbling]

Oh.

You've answered the question,
Mr. Ward.

I-I believe his answer was,
"Must have been in bed."

Is that your answer?
- Mm-hmm.

Mr. Ward,
before your brother died...

...was there ever any
conversation...

...about...

....ending Bill's life?

No.

You never had that
conversation with anyone?

No.

Now, this is entitled,

The Supporting Deposition...

...and it's dated
June 6th, 1990.

It reads, "On June 6th, 1990...

...at 9:30 P.M.

I... Lyman George Ward,

state the following:

Question, "Do you know
how William died?"

The answer,
"He was smothered."

Question, "Do you know
who smothered him?"

The answer, "Delbert."

Question, "When did Delbert
tell you

that he smothered your
brother, William?"

The answer, "This morning,
at the barn."

[cough]

[mumbling]

And, sir, after hearing that,

do you wanna change
any of your testimony?

Yeah.

I'm sorry, Mr... Mr. Ward,

the Court Reporter
can't hear you

if you have your arm-
elbow out,

but if you could turn and
face the jury, thank you.

Do you want to change
any of your testimony,

you were asked?

I won't be here too long.

His answer was, he wouldn't
be here too long.

Do you wanna change
any of your testimony?

Would you, John?

I-I'm sorry...
- You don't have to be.

Sir, Mr. Cerio was asking you
a question, Mr. Ward.

His question was, did you
want to change...

...any of your testimony?

Yeah.

The answer is yes.

What did you want to change

of your testimony, Mr. Ward?

[cough]

Well, all that I said
wasn't true, anyway.

What he said wasn't true,
anyway, was his answer.

Did you mean for that
to be true
when you signed it?

No.

Ladies and gentlemen of the,
uh, jury,

we'll recess now, uh,
and, uh,

enjoy the rest of the day.

We'll see you
tomorrow morning.

♪♪

Good morning, Mr. Ward,
have a seat, please.

Wait just a moment.

[indistinct]

That's it.

You may continue the, uh,
direct examination.

Your Honor, if I may approach?

Yes, you may.

You tell me if you
can't hear me, okay?

I can't.
- You can't hear me?

[mumbling]

Y-You told us that this
was the statement that, uh,

you had given while you were
at the State Police barracks?

Question, "Do you know when
Delbert smothered
your brother, William?"

"About six AM this morning."

Do you remember
that question?

Yeah.

Do you remember
giving that answer?

No.

Sir, the question is,

"How do you know
that Delbert

smothered your brother,
William?"

The answer, "He said he did."

Do you remember
that question?

Yeah, but he didn't...

But, sir, do you remember
the question?

Yeah.

Do you remember giving that
answer, "Yes, he did.

He said he did?"

Yeah, but he didn't.

[man]
What did he say?

[coughing]

The answer was,
"He didn't."

I think, I think
the question is, uh...

Mr. Ward.

We'll take a ten minute recess.

The Jury may step aside.

Just makes you sick.

Cruelty to animals,
let alone human beings.

That's cruel!

He's illiterate, completely.

He can't even tell time.

Trying to get him to read
a goddamn thing

that Donnegan wrote,
bullshit.

[dogs barking]

[cows mooing]

[Interviewer] The courthouse
the other day, how was that?

I went to pieces.

I all went to pieces.

Damn near died down there.

Yeah, we felt bad for you.

It's okay, Lyman.

It's over.

- I couldn't take it.
- No.

- Hey, Roscoe.
- Yeah?

Did you hear what happened
down at the courthouse?

- Yeah.
- To Lyman?

Yeah.

What- what'd you hear
about it?

He pretty near died.

Pretty near died.

♪♪

[Cognetti] Can you identify
that for us, Doctor?

Yes, we have one, two, three,
four, five containers

holding various specimens

from Medical Examiner
case number 900391.

And who would that be?

That would be William Ward.

Can you identify that for us?

People's exhibit 21

identifies the head
and regions of the neck

of case number 90 dash 0391.

How is it that you can
identify this?

The identifying numbers

are right here
on the front part
of the neck.

Doctor, after having
photographed there,
what did you do?

I then continued examining
the eyes.

I looked at the upper eyelids
and lower eyelids,

and in the lower eyelids,

I noticed what
are called petechiae.

I also examined
the dental arches.

Uh, the individual, uh,
had no teeth,

and what I noticed was,
on the upper dental arch,

on the right side, there was
also these diffuse petechiae,

or pinpoint blood spots.

All throughout the windpipe,

beginning with the little
blade on top,

called the epiglottis,
down to the windpipe,

where it breaks in half

to feed the right lung
and the left lung,

had multiple, uh,

numerous of these red
pinpoint bloody spots.

With that diffuse spray
of petechiae,

the large numbers of
petechiae that were there

and their distribution,

I first began to think
that we may be dealing with

an asphyxial type of death.

In my opinion,

based upon a reasonable
degree of medical certainty,

this is not a case
of asphyxiation.

There are, uh, four
significant, uh, findings

that I would look for
in a case of asphyxiation,

that are not present
in this case.

No cyanosis,

no increased liquidity
of blood,

no injuries
around the nose, mouth,

gums, chin, tongue,

and, um,

the absence of...

even the slightest suggestion
of regurgitation.

When you are
being asphyxiated,

you are struggling
and gasping for air,

food is gonna come back up
on you,

you're gonna start retching.

There is none of that,
whatsoever.

Zero.

[metal clattering]

[clearing throat]

[quiet shot]

[pig squealing]

Roll over, goddamn you.

Delbert, you wanna grab me
that meat cleaver

and knife sharpener
out the front passenger seat?

You have to get in my door,
that one's locked.

[motor whirring]

Thanks, Moses.

[Cognetti] Doctor, it's true,
is it not,

that at the conclusion
of your internal

and external examination,
you could not say,

with a required degree
of medical certainty,

the cause or the manner
of death?

That is correct.

By that, I mean to say,

you couldn't, certainly with
any degree of-of certainty,

indicate that it was
a homicide.

That is correct.

But now, you're talking
with Mr. Cerio,

and your notes indicate

that you tell him that I
cannot rule out homicide.

Am I right?
- That is correct.

Once you got to the scene,
Doctor, uh,

were not you advised,
immediately,

to call the State Police
barracks in Oneida?

We were.

And, at the conclusion
of this call,

did he not tell you
that Delbert had confessed

to the killing
of his brother?

Yes.

So that death certificate,
Doctor,

came about as a result
of your learning

that Mr. Ward had confessed

to the crime of murder
in the second degree?

No.

Doctor, if you
had never learned

that Mr. Ward...
had confessed

to the crime of murder
in the second degree,

would you...

...on June 7th, have changed
that death certificate?

No.

So, let me go back then,
Doctor.

That death certificate
was changed

because you now learned

that Mr. Ward had confessed

to the crime of murder
in the second degree?

But that was not the only
piece of information.

We know about the petechiae.

Correct?
- Correct.

But we know, Doctor,

as we talked about
innumerable times yesterday,

that at that stage,

there were a host of reasons
for petechiae.

That is correct.

So, we'll put that aside.

Because, as you
just indicated,

that would not
have been enough...

...to warrant a change
in that death certificate

on June 7th.

That's correct.

So again, let me ask you.

That death certificate
was changed, on June 7th,

for the sole reason

that Mr. Ward had confessed
to the crime.

Isn't that the reason,
on June 7th,

that that death certificate
was changed?

No.

[Dr. Wecht] In my opinion,
the cause of death

of Mr. William Ward
was right heart failure,

resulting in pulmonary edema,

the, uh, collection of a
substantial amount of fluid

in the lungs.

[Delbert]
I tried to tell him
I didn't do it...

...and Geen Rifenberg
and "Kellogg" said I did.

[Cerio]
Okay.

They kept right after me

and said if I cooperated
with the police,

they'd go much easier on me.

Mm-hmm.

So, finally, I thought
if I cooperated with 'em,

I'd get out of there
and get home.

Okay.

But I didn't.
- You didn't?

No.

You were gonna cooperate
with them?

Yes, and Mr. Rifenburg
is the one who showed me

how I put my hand over
William's mouth and nose.

Uh-huh.

And that happened
in that room?

That happened in that room.

It's not that you showed him
how it happened?

No, I didn't how him.
He showed me.

Mr. Ward, what other kind
of shows do you watch
besides Westerns?

Oh, some of the police stories.

Police stories?
- Mm-hmm.

What kind of police
story shows?

Like "Matlock" there
and "Heat of the Night."

That's about the only two.

Okay, ever watch "Hunter?"

No.
- Never saw "Hunter?"

A couple times, a little bit,
I-I didn't care for it.

Didn't care for it?
Okay.

When do they come on,
during the day?

No.

What time do they come on?
- Eight o'clock at night.

"Matlock" comes on
Tuesday nights.

Tuesday nights.

What's "Matlock?"

Remember Andy Griffith?

Yep.

That's- that's the one
I'm talkin' about.

Only, he calls himself,
Ben Matlock, for the lawyer.

Oh, he's a lawyer now?

Right.

Do you know what kind
of a lawyer he is?

Defense lawyer.

He's not a prosecutor?

He's a de-defense lawyer?

He's a defense lawyer,
I think.

Okay.

I know he gets into a lot
of them murder trials.

Mm-hmm.

You ever watch
"Wheel of Fortune?"

Yes, I watch that
some nights.

Do you know, uh, the girl
who's on "Wheel of Fortune?"

Amanda White.

And, uh...

...any other kind of shows
you watch?

Oh, yes, I watch that
"Jeopardy."

"Jeopardy?"
- Mm-hmm.

You try to answer
some of the questions?

Some of 'em, but I don't get
very far on 'em.

No? Okay.

I want to show you something,
Mr. Ward.

This is what's marked
as People's 19.

Can you take a look at that
for me?

I can't see it.
- Can't see it.

- No.
- You can't see this?

No, not without my glasses.

I see.

You can't read any of this?
- No.

Not at all?
- No.

You didn't bring
your glasses?
- No, I didn't bring 'em.

They's no good anyway.

- I see.

Did you ever want
your own bed?

Sometimes, but I didn't
have it.

Ever want your own room?

Sometimes.

Did it bother you when
William would get up

in the middle of the night?

Well, sometimes he'd holler
at me,

tell me it was time to get up
and go get the cows

and put them in to milk them.

Go do the chores?
- Mm-hmm.

But it wasn't time?
- No.

So, he'd wake you up?
- He'd still wake you up.

Yeah.

And he'd do that a couple of
times during the night,
wouldn't he?

Some nights.

So, you wouldn't get
too much sleep, would you?

Not all the while.

Will was having some problem
holding his water, wasn't he?

Yes, he couldn't
hold it good.

He'd wake you up,
wouldn't he?

Sometimes.

Now, you said that, uh,

Bill had the headaches and
the stomachaches, right?

Right.

Did he ever say anything
to you about, uh,

if he died,
what would happen?

Yes, he said, some morning,
I wasn't gonna wake up and...

[stammering] one of us would
be arrested for his murder.

That's what he told you?
- That's what he told me.

Told me, told me outdoors.

- Told you outdoors, he did?
- Mm-hmm.

When did he tell you that?

Well, I don't know,
must've been April or May.

He said that he was gonna die
some night?

That's what he said.

And that, uh,

one of you would be arrested
for his murder?

Yes.
- That's what he said?

That's what he said.

Would you raise
your hands, sir,

and show those to
the jury, please.

Thank you, sir.

[Judge]
The record should reflect
he's done that.

♪♪

In case, uh, Delbert
goes to jail,

or something
happens to him,

we had to
make out a will,

so that the stuff would go
where he wanted it to go,

and not where the
State wants it to go,

and the way things have been
going against us all the way

so far, there's a real good
possibility of it.

It's like I explained to
Delbert, didn't I, Delbert?

I didn't...

You explained it to me.

...tell him that things
looked good or rosy.

I told him there's a damn
good looking chance

that he's gonna go to prison
for something he didn't do.

I don't feel good about it.

I may go to jail.

I may not live long.

What type of person did the
State Police believe

they were bringing to the
barracks that night?

I would submit, that they
felt they were bringing

a bunch of queer
old farmers,

who lived like animals, who
were stupid...

...and ignorant, without
a friend in the world.

Do you really wanna believe

that the New York State Police,

the Medical Examiners
of Onondaga County,

decided to pick
on Delbert Ward

for no other reason than,

"Let's come up
with a homicide.

Let's come up with a murder,

and let's pick out
that man to do it."

We know him to be educably,

mentally retarded with
a schizoid personality.

William was 64 years of age,
ladies and gentlemen.

He died a natural death in
his sleep from heart failure,

the most common form of
death of a man that age.

You, ladies and gentlemen,

saw the defendant testify.

You make the assessment
as to whether or not...

...he's an
intelligent fellow.

Yeah, are there some
social deprivations?

Yes.

I don't think you
can dispute that.

Does this person
appear to simply be

a person with an IQ of 63 and
educably, mentally retarded?

Or does it appear
to be higher?

There is no independent
medical proof which,

standing alone without
that confession,

says that William died
as a result of a murder.

The only thing that has been
given to you people

is this alleged confession.

Taken from a man

whose very appearance cries
out for special treatment.

As expected, both sides gave
strong closing arguments,

and after three weeks
of emotional testimony,

the fate of Delbert Ward

now rests in
the hands of the jury.

Paula Garell, Channel 3 News.

Um, I -I wanna say the jury
is now deliberating.

♪♪

How's Mr. Ward doing?

- He's fine.
- Nervous?

He's as nervous
as any of us, I'm sure.

Is that it?

Thanks, Ralph.

[faint chatter]

[coughing]

[Male Reporter]
Time for an update, now, on
tonight's top stories.

[Female Reporter]
First, go live
to Christie Casciano

at the Delbert Ward
trial in Wampsville.

Christie, what's happened
over the last hour?

Well, since we last talked,
the jury left, as we said,

for a dinner break, and the
verdict has not been quick

in coming, as some courtroom
observers have predicted.

The jury has the task

of deciding whether Delbert
Ward committed murder.

Whether he
suffocated his brother

on their Stockbridge
farm last June.

The jury got the case
at 11:30 this morning.

Since that time, they've been
weighing evidence,

sifting through testimony,

and they've been at
it for about six hours.

They left the
courtroom, as we said,

about a half hour ago,
six o'clock.

They're on a dinner break.

They're expected back
here at eight o'clock,

and we will
be back here, too,

and bringing you
the latest at 11.

Right now, let's
go to Lisa Sweitzer

for more of today's
top stories.

[Judge] Uh, ladies and
gentlemen, the, uh,

jury has advised the court

that they have
reached a verdict,

and I now admonish all of
those here in the courtroom,

including spectators, that
you are to remain seated

throughout the entire

reporting of the
verdict procedure.

In the event that there
should be any violations

of that, I will
close the courtroom,

you will be escorted
from the courtroom,

and you can find about,
find out the verdict

by either reading about
it in the newspaper

or seeing it on television.

There are to be
no audible reactions

or emotional outbursts by
anyone in this room,

and I mean that, and if
there are any outbursts,

I'm gonna empty
the whole courtroom.

The jurors may return
to the courtroom.

[coughing]

Ladies and gentlemen of the
jury, I understand, uh, from

the court clerk, that the,
uh, jury has, in fact,

reached a verdict,
and, uh,

- Mr. Broderick, is that so?
- Yes, sir.

All right.

The court attendant will
receive the card.

Mr, uh, Broderick, the, uh,

court has, uh, received the

verdict sheet, and I now ask
you, as the foreman of this

jury, have you, in fact,

reached a verdict
in this case?

Yes, they have.

What is the verdict
of this jury

in connection with the crime

of murder in the
second degree?

Have you found the defendant
guilty or not guilty?

- Not guilty.
- Not guilty.

- Not guilty.
[crowd murmuring]

Ladies and gentlemen
of this jury, the, uh,

court had heard Mr. Broderick
announce that the verdict

is that of not guilty of
murder in the second degree.

I now ask all of you, uh,

is this your verdict,
so say you all?

[Jury]
Yes.

Mr. Ward, you are excused
now, and you can leave.

We'll ask the, uh,
media to step aside

so that you can leave.

Thank you very much,
ladies and gentlemen

for your respect
and attention.

[applause]

God bless you.

[Male Reporter 1]
So, that smile says it all?

- Yup.
- Yup.

Thank all my friends.

[Female Reporter]
What's next for you, Delbert,
back to the farm?

Back to the farm.

[Male Reporter 2]
How does it feel, Mr. Ward?

[Thurston]
You got it, buddy.

[Interviewer]
Harry, how do you feel?

My heart ain't
gone back down yet.

[laughing]

But I'll get it
down by morning.

Did you think it was
gonna turn out this way?

The system works, don't it?

What do you think, Delbert?

I thought it might,
but I wasn't sure.

I'll get home
as soon as I can.

I love you, babe.
Goodbye.

Thanks.
Bye.

[Interviewer]
How do you feel?

Damn.
Sh--.

How do I feel?

I'm very, very happy.

What's all this
noise out here?

Looks like a wedding.

Are you kidding me,
they won't get to sleep

tonight and, uh...
Not in Munnsville.

Not in Munnsville.

You goin' to Disneyland now?

[sigh]
[laughing]

I listened to all
of the evidence,

and I could find no
solid evidence to prove

that even a crime
had been committed.

[woman]
Justice was done.

It was.

[woman]
Amen.
Amen.

Oh Delbert, we're happy.

- We're happy for you!
- Thank you all.

- We're happy for you.
- We're all happy for you!

[voices fade out]

[birds chirping]

♪♪

[Interviewer]
Do you think there was any
good in all of this?

Oh, yeah.

Yep, I do.

Well, uh, the way everybody
helped Delbert,

in the Munnsville
area and Stockbridge

and different places.

Yeah.

[car honking]

♪♪

I've been out visiting and
talking to my friends.

You got a lot of 'em now.

By gosh, Stockbridge diner
was full this morning.

I was gonna buy some
of my friends coffee,

and I didn't, they wouldn't
even let me buy it.

Wouldn't let me
spend a nickel.

The lady and the man that
works at the diner up there,

took the money out
of their own pocket,

and paid for all of it.

Why don't you come
up this summer, Joe?

Sure.

When the nice green
leaves come out.

You and Bruce and
Doug and Mike.

When the old leaves get out
and the green grass.

Come up and take
some pictures.

What do you think
of all this now, Delbert?

Well, I'm glad
it's over with.

I thank, thank
all my friends

for all the support
they gave me.

Did you ever know
you had so many friends?

Not so many.

[car honking]

Do you think your
life is different now?

Yep, gonna start
all over new again.

[tractor engine starts]

You boys will, too, now.

♪♪