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Previously on"The Practice"...
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We have one last pretrial
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00:00:04,304 --> 00:00:05,639
where I'll try
to suppress your statement.
4
00:00:05,672 --> 00:00:08,041
Scott,
if I'm unsuccessful--
5
00:00:08,074 --> 00:00:10,443
No, no, no. No, I'm not
taking manslaughter, Bobby.
6
00:00:10,476 --> 00:00:13,547
Please don't
ask me that again!
7
00:00:13,580 --> 00:00:16,783
-He's going to walk?
-I'm not saying that, but--
8
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But what? He killed my sister.
Don't tell me now that--
9
00:00:19,620 --> 00:00:22,155
Mr. Barrett, as we have
explained from the start,
10
00:00:22,188 --> 00:00:24,324
our case is
hugely circumstantial.
11
00:00:24,357 --> 00:00:26,159
You knew your sister, sir.
12
00:00:26,192 --> 00:00:29,195
There is no way she would
ever take her own life,
13
00:00:29,229 --> 00:00:31,231
not in any circumstance.
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She was murdered.
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If you know it--
She did not commit suicide--
16
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You absolutely know it.
17
00:00:37,871 --> 00:00:39,339
She said that if she
turned up missing,
18
00:00:39,372 --> 00:00:41,107
that I should
call the police
19
00:00:41,141 --> 00:00:43,276
because Scott probably
did something to her.
20
00:00:43,309 --> 00:00:44,545
BOBBY: Objection!
21
00:00:44,578 --> 00:00:46,547
You want me
to sign this--
22
00:00:46,580 --> 00:00:48,348
An affidavit saying
I coached a witness to lie?
23
00:00:48,381 --> 00:00:50,450
He made that stuff up about
his sister being afraid.
24
00:00:50,483 --> 00:00:52,619
Helen, I told him
25
00:00:52,653 --> 00:00:54,621
what his testimony
needed to accomplish.
26
00:00:54,655 --> 00:00:56,523
I never said lie.
27
00:00:56,557 --> 00:00:58,525
I'm convinced that Kyle Barrett
lied on the stand
28
00:00:58,559 --> 00:01:02,228
after being coached
by the prosecution.
29
00:01:02,262 --> 00:01:03,864
I don't think Mr. Bay
crossed the line.
30
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I see no evidence
that he solicited perjury.
31
00:01:07,133 --> 00:01:10,236
The conviction therefore stands.
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00:01:10,270 --> 00:01:11,638
I'll get a new trial, right?
33
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I mean, the judge made
all of those mistakes.
34
00:01:13,774 --> 00:01:15,609
Am I going to get a new trial?
35
00:01:15,642 --> 00:01:17,443
That's what we're hoping for.
36
00:01:17,477 --> 00:01:18,712
I thought I was okay,
37
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but I'm feeling
maybe I'm not.
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Just hurry.
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Two years? That's it?
40
00:01:30,456 --> 00:01:32,458
Yes.
41
00:01:34,460 --> 00:01:36,763
It's a decent plea for us.
42
00:01:36,797 --> 00:01:38,431
If he gets convicted,
43
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the most he'd serve
is probably three.
44
00:01:41,502 --> 00:01:43,737
But I could've died, Helen.
45
00:01:43,770 --> 00:01:45,806
I understand,
but like you said,
46
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you didn't think he was
really trying to kill you.
47
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But he tried to hurt me.
48
00:01:49,843 --> 00:01:52,378
Which is why
he's about to go on trial.
49
00:01:52,412 --> 00:01:56,517
I'll get him, Margaret,
but if we can get the plea...
50
00:01:56,550 --> 00:01:58,218
you don't want
to be put through this.
51
00:01:58,251 --> 00:01:59,720
I know your husband's lawyers.
52
00:01:59,753 --> 00:02:02,756
They're tough.
53
00:02:02,789 --> 00:02:05,458
Three years.
54
00:02:07,928 --> 00:02:10,163
I am not pleading guilty.
55
00:02:10,196 --> 00:02:12,799
Look, this is your wife
56
00:02:12,833 --> 00:02:15,368
saying you pushed her
down a flight of stairs.
57
00:02:15,401 --> 00:02:17,504
-I didn't touch her.
-The problem is
58
00:02:17,538 --> 00:02:19,906
victims of domestic violence
can look very sympathetic--
59
00:02:19,940 --> 00:02:22,543
-She is not a victim.
-Well, they'll make her
look like one,
60
00:02:22,576 --> 00:02:24,477
and the jury is going
to want to know--
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00:02:24,511 --> 00:02:26,246
Why would she
lie about this?
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00:02:26,279 --> 00:02:27,514
I would like to know myself.
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00:02:27,548 --> 00:02:29,716
-Robert--
-What about my daughter?
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00:02:29,750 --> 00:02:31,518
If I plead guilty
to a crime like this,
65
00:02:31,552 --> 00:02:32,886
then I'll lose custody of her.
66
00:02:32,919 --> 00:02:34,521
No, that isn't
necessarily true.
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00:02:34,555 --> 00:02:36,957
-You could get custody--
-No, I didn't do it.
68
00:02:36,990 --> 00:02:39,626
I didn't throw my wife
down a flight of stairs,
69
00:02:39,660 --> 00:02:41,427
and I won't
say that I did.
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00:02:41,461 --> 00:02:44,364
I don't care
what my odds are. No.
71
00:02:47,901 --> 00:02:49,235
♪ (theme)
72
00:03:41,955 --> 00:03:44,490
Can I have your attention,
everybody?
73
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I have very exciting news.
Now, it's kind of private,
74
00:03:47,661 --> 00:03:50,531
but, um, I've been keeping it in
for, like, two months now,
75
00:03:50,564 --> 00:03:51,998
and I can't anymore.
I'm sorry.
76
00:03:52,032 --> 00:03:54,367
What?
77
00:03:54,400 --> 00:03:57,604
Well, two months ago--
Now, keep in mind
78
00:03:57,638 --> 00:03:59,840
it is so not like me
to go through waste cans,
79
00:03:59,873 --> 00:04:03,610
but it was a dull day,
and I was in the ladies' room.
80
00:04:03,644 --> 00:04:06,279
Anyways, I found
this pregnancy test thing,
81
00:04:06,312 --> 00:04:08,448
and it was positive.
82
00:04:08,481 --> 00:04:10,450
Now, I know it could've been
anybody on this floor,
83
00:04:10,483 --> 00:04:12,452
but I still had a feeling.
84
00:04:12,485 --> 00:04:15,689
Then yesterday a book came,
and I opened it, you know,
85
00:04:15,722 --> 00:04:17,323
thinking it was just
office supplies--
86
00:04:17,357 --> 00:04:19,325
Books--
Usually library things.
87
00:04:19,359 --> 00:04:20,994
Unfortunately, I threw away
who it was addressed to,
88
00:04:21,027 --> 00:04:22,596
and then the trash guy came
and picked it up,
89
00:04:22,629 --> 00:04:24,330
and-- Well, whatever.
90
00:04:29,335 --> 00:04:32,773
Somebody here is pregos.
Lindsay?
91
00:04:32,806 --> 00:04:35,609
-I didn't order that thing.
-Oh, come on.
92
00:04:35,642 --> 00:04:36,777
I thought I saw a tummy.
93
00:04:36,810 --> 00:04:38,444
I did not order that thing.
94
00:04:38,478 --> 00:04:42,415
Lindsay,
we might as well tell them.
95
00:04:44,918 --> 00:04:48,855
-That's great!
-Thank you, Lucy,
for your exciting news.
96
00:04:48,889 --> 00:04:50,557
Well, I couldn't keep it
from the family.
97
00:04:50,591 --> 00:04:52,693
-How far along?
-Four months.
98
00:04:52,726 --> 00:04:54,761
-Who's the father?
-You're funny today.
99
00:04:54,795 --> 00:04:57,898
Congratulations.
100
00:05:02,703 --> 00:05:04,638
MARGARET: Help, police!
101
00:05:04,671 --> 00:05:06,873
MAN: Where you at,
ma'am? Ma'am?
102
00:05:06,907 --> 00:05:09,643
MAERGARET: 830 Brayson.
You have to hurry!
103
00:05:09,676 --> 00:05:10,744
MAN: Okay, okay, stay
on the line.
104
00:05:10,777 --> 00:05:12,012
Just tell me what's happening.
105
00:05:12,045 --> 00:05:13,547
ROBERT:
What are you doing?
106
00:05:13,580 --> 00:05:15,549
MARGARET:
My husband-- 830--
107
00:05:15,582 --> 00:05:16,983
ROBERT:
What the hell are you doing?
Margaret!
108
00:05:17,017 --> 00:05:18,018
Robert, stop! You're--
109
00:05:18,051 --> 00:05:19,553
(static on line)
110
00:05:19,586 --> 00:05:21,822
MAN:
Ma'am, are you there?
111
00:05:21,855 --> 00:05:24,424
Can you get back
on the phone, ma'am? Hello?
112
00:05:24,457 --> 00:05:26,560
What's happening, ma'am?
Hello?
113
00:05:26,593 --> 00:05:28,895
(tape shuts off)
114
00:05:28,929 --> 00:05:32,132
830 Brayson. Are you familiar
with that address?
115
00:05:32,165 --> 00:05:35,502
Yes. After getting
the radio run, I responded
to that location.
116
00:05:35,536 --> 00:05:38,572
-And what did you find?
-The front door was open.
117
00:05:38,605 --> 00:05:40,574
When we got inside,
we found the defendant
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00:05:40,607 --> 00:05:42,709
at the base of a stairwell
in the foyer area.
119
00:05:42,743 --> 00:05:44,745
Mrs. Wakefield was lying
face up, wearing a nightgown,
120
00:05:44,778 --> 00:05:46,580
and she appeared
to be unconscious.
121
00:05:46,613 --> 00:05:48,582
The defendant
was sitting next to her
122
00:05:48,615 --> 00:05:50,050
holding her head
from behind.
123
00:05:50,083 --> 00:05:52,452
Was there anybody else
in the house?
124
00:05:52,485 --> 00:05:54,387
The defendant's
9-year-old daughter.
125
00:05:54,420 --> 00:05:56,623
She said she was in her room
and didn't see anything.
126
00:05:56,657 --> 00:05:58,391
Could you describe
the defendant's demeanor
127
00:05:58,424 --> 00:05:59,926
when you spoke to him?
128
00:05:59,960 --> 00:06:01,728
He was very upset.
129
00:06:01,762 --> 00:06:04,064
Right away I could
smell alcohol on his breath,
130
00:06:04,097 --> 00:06:07,133
and his eyes,
they were very glassy.
131
00:06:07,167 --> 00:06:08,869
What did you do next?
132
00:06:08,902 --> 00:06:10,537
I called
for an ambulance,
133
00:06:10,571 --> 00:06:11,805
and we took Mrs. Wakefield
to Mass General.
134
00:06:11,838 --> 00:06:13,406
Could you describe
her condition?
135
00:06:13,439 --> 00:06:15,141
At first
she was still unconscious,
136
00:06:15,175 --> 00:06:17,811
but on the way there
she started to come to.
137
00:06:17,844 --> 00:06:20,914
That's when she told me that
her husband had pushed her.
138
00:06:20,947 --> 00:06:23,016
Just to be clear, Officer,
139
00:06:23,049 --> 00:06:26,620
could you describe
Mrs. Wakefield's exact words?
140
00:06:26,653 --> 00:06:31,157
"He pushed me.
Robert pushed me."
141
00:06:34,227 --> 00:06:36,663
-You said my client was upset?
-Yes.
142
00:06:36,697 --> 00:06:38,532
-He wasn't violent?
-No.
143
00:06:38,565 --> 00:06:41,502
And when you got there,
you saw him sitting
with his wife
144
00:06:41,535 --> 00:06:43,637
holding her head
in his hands?
145
00:06:43,670 --> 00:06:45,639
Yes.
146
00:06:45,672 --> 00:06:47,641
So you cannot exclude
the possibility
147
00:06:47,674 --> 00:06:49,976
that Mrs. Wakefield tripped
on her own nightgown?
148
00:06:50,010 --> 00:06:52,913
Can I positively exclude it?
No, but--
149
00:06:52,946 --> 00:06:57,050
Thank you, Officer.
When Mrs. Wakefield
was taken to the hospital,
150
00:06:57,083 --> 00:06:58,451
my client went with her,
right?
151
00:06:58,484 --> 00:07:00,587
He met us there, yeah.
152
00:07:00,621 --> 00:07:02,923
And did you permit Mr. Wakefield
to visit his own wife?
153
00:07:02,956 --> 00:07:04,725
At that point we didn't
even know what we had.
154
00:07:04,758 --> 00:07:06,760
Really?
155
00:07:06,793 --> 00:07:09,930
So even after Mrs. Wakefield's
big statement in the ambulance,
156
00:07:09,963 --> 00:07:12,198
you still weren't sure
a crime had been committed.
157
00:07:12,232 --> 00:07:14,034
We were investigating.
158
00:07:14,067 --> 00:07:15,869
You weren't sure
about what she told you?
159
00:07:15,902 --> 00:07:17,604
We had no reason
to doubt her.
160
00:07:17,638 --> 00:07:19,806
But the man she accused
of pushing her--
161
00:07:19,840 --> 00:07:22,676
You allowed him to visit her,
didn't you?
162
00:07:22,709 --> 00:07:25,111
Yes.
163
00:07:33,854 --> 00:07:35,656
What do you mean "spots"?
164
00:07:35,689 --> 00:07:37,924
I mean "spots."
165
00:07:37,958 --> 00:07:40,961
It's worse when I look
at the light, but, uh,
166
00:07:40,994 --> 00:07:44,531
even when I don't,
I still see spots,
167
00:07:44,565 --> 00:07:46,132
and they're big,
and then they shrink,
168
00:07:46,166 --> 00:07:48,969
and then, uh, when I blink
they, uh, come back.
169
00:07:49,002 --> 00:07:50,504
Not always,
but, I mean, sometimes.
170
00:07:50,537 --> 00:07:51,838
Sometimes I see them.
171
00:07:53,874 --> 00:07:55,976
And you said they had
the optometrist examine them?
172
00:07:56,009 --> 00:07:58,044
He's a hack. I mean,
how many kids do you know
173
00:07:58,078 --> 00:08:00,981
went to med school so that
they could examine prisoners?
174
00:08:01,014 --> 00:08:03,283
I mean,
the doctors in this place
175
00:08:03,316 --> 00:08:05,218
are all unemployable hacks.
176
00:08:05,251 --> 00:08:09,055
Is it fun?
177
00:08:10,757 --> 00:08:14,027
Is what fun?
178
00:08:14,060 --> 00:08:16,997
Well, I would think
it would be fun, you know?
179
00:08:17,030 --> 00:08:18,799
You must dream
about big cases,
180
00:08:18,832 --> 00:08:21,167
and this one-- a murder,
your friend on the hook.
181
00:08:21,201 --> 00:08:23,637
I mean,
I would think that this
182
00:08:23,670 --> 00:08:25,872
has all the stakes that
any lawyer could ever wish for,
183
00:08:25,906 --> 00:08:27,808
and if you're not
having fun now, Bobby,
184
00:08:27,841 --> 00:08:31,277
I mean, then what's
the point, you know?
185
00:08:31,311 --> 00:08:35,716
Scott, we're going to have you
meet with a psychiatrist.
186
00:08:35,749 --> 00:08:37,651
I was convicted,
for God's sake.
187
00:08:37,684 --> 00:08:40,186
What, you want to have me
declared incompetent
188
00:08:40,220 --> 00:08:44,057
to stand appeal?
Oh, I mean, that's smart.
189
00:08:44,090 --> 00:08:46,860
Why don't you examine my eyes
while you're at it?
190
00:08:46,893 --> 00:08:48,328
Do I get to go?
191
00:08:48,361 --> 00:08:50,096
Go where?
192
00:08:55,268 --> 00:08:57,303
He's losing it.
193
00:08:57,337 --> 00:09:00,140
We got to get him
the hell out of here.
194
00:09:09,082 --> 00:09:12,085
Margaret.
195
00:09:15,088 --> 00:09:17,123
What's wrong?
196
00:09:17,157 --> 00:09:20,861
I don't think Robert
197
00:09:20,894 --> 00:09:24,665
intended to push me
down the stairs.
198
00:09:24,698 --> 00:09:27,200
I beg your pardon?
199
00:09:27,233 --> 00:09:30,336
No, I've been replaying this
over and over again.
200
00:09:30,370 --> 00:09:32,172
Have you been talking to him?
201
00:09:34,641 --> 00:09:37,143
We have thought
of reconciling,
202
00:09:37,177 --> 00:09:40,146
but this is the truth--
203
00:09:40,180 --> 00:09:42,616
I made a mistake.
204
00:09:42,649 --> 00:09:45,919
Margaret,
don't you dare do this.
205
00:09:45,952 --> 00:09:47,353
Helen, at the time,
206
00:09:47,387 --> 00:09:49,355
I didn't know what to think.
207
00:09:49,389 --> 00:09:51,357
Uh, one minute we're fighting.
208
00:09:51,391 --> 00:09:53,326
The next--
I wake up in a hospital,
209
00:09:53,359 --> 00:09:55,261
police officers
asking me questions.
210
00:09:55,295 --> 00:09:57,798
I was angry.
211
00:09:57,831 --> 00:10:00,901
I think I convinced myself,
at the time,
212
00:10:00,934 --> 00:10:03,369
that he did it on purpose,
213
00:10:03,403 --> 00:10:06,172
but he didn't...
214
00:10:06,206 --> 00:10:10,944
and I'm dropping
the charges.
215
00:10:10,977 --> 00:10:12,378
First of all,
216
00:10:12,412 --> 00:10:15,115
you don't get to drop
the charges.
217
00:10:15,148 --> 00:10:17,217
Only the district attorney
can do that.
218
00:10:17,250 --> 00:10:19,252
But it's my choice
whether to continue.
219
00:10:19,285 --> 00:10:21,054
Actually, no, it's not.
220
00:10:21,087 --> 00:10:24,791
You chose to call 911.
Now I make those decisions.
221
00:10:24,825 --> 00:10:27,661
I'm not testifying, Helen.
222
00:10:27,694 --> 00:10:30,764
Then I'll get
a material witness order
and have you arrested.
223
00:10:30,797 --> 00:10:34,735
If you try to force me,
I'll tell the jury I fell.
224
00:10:34,768 --> 00:10:36,069
This was an accident.
225
00:10:36,102 --> 00:10:38,138
Oh, Margaret,
226
00:10:38,171 --> 00:10:40,140
I know you think you have
no life without this man,
227
00:10:40,173 --> 00:10:45,278
-but trust me--
-I'm not some weak victim here.
228
00:10:45,311 --> 00:10:47,147
Look...
229
00:10:49,716 --> 00:10:54,420
We've had a complicated,
volatile relationship.
230
00:10:54,454 --> 00:10:57,423
If you want to prosecute me
231
00:10:57,457 --> 00:11:01,427
for false arrest or whatever,
232
00:11:01,461 --> 00:11:04,164
I'll own that,
233
00:11:04,197 --> 00:11:06,967
but the man didn't push me
down the stairs.
234
00:11:22,182 --> 00:11:24,450
What happened?
235
00:11:24,484 --> 00:11:27,821
My victim just recanted.
236
00:11:27,854 --> 00:11:29,890
That's why I prefer murders--
237
00:11:29,923 --> 00:11:31,224
When they're dead,
238
00:11:31,257 --> 00:11:32,959
they can't change
their stories.
239
00:11:35,261 --> 00:11:37,097
What do you want?
240
00:11:39,132 --> 00:11:41,467
I came to apologize.
241
00:11:41,502 --> 00:11:44,771
I have been a little
influenced
242
00:11:44,805 --> 00:11:47,508
by politics of late.
243
00:11:47,541 --> 00:11:49,976
You were there for me
when my job was in peril,
244
00:11:50,010 --> 00:11:55,281
and I want you to know
I'm here for you now.
245
00:11:55,315 --> 00:11:57,383
Is my job in peril?
246
00:11:57,417 --> 00:11:59,419
Helen, they've stuck you
with domestic violence.
247
00:11:59,452 --> 00:12:01,187
What does that tell you?
248
00:12:01,221 --> 00:12:04,057
They? "They" being
Kate Brunner.
249
00:12:04,090 --> 00:12:07,327
Well, that's--
She carries a lot of power.
250
00:12:10,864 --> 00:12:12,298
I'm told you're supplying
Bobby Donnell
251
00:12:12,332 --> 00:12:14,367
with an affidavit.
252
00:12:14,400 --> 00:12:16,102
Not that
you suborned perjury,
253
00:12:16,136 --> 00:12:18,104
only that I thought
the witness was coached
254
00:12:18,138 --> 00:12:20,073
and that he committed
perjury.
255
00:12:20,106 --> 00:12:22,408
If I can give you
a little advice,
256
00:12:22,442 --> 00:12:24,511
I wouldn't give him
that statement.
257
00:12:24,545 --> 00:12:26,813
Is that why you're here,
Richard,
258
00:12:26,847 --> 00:12:30,283
to reach out
and gag a friend?
259
00:12:30,316 --> 00:12:32,018
It really doesn't affect me.
260
00:12:32,052 --> 00:12:33,820
It does your case
261
00:12:33,854 --> 00:12:35,488
and, therefore,
you with Kate Brunner.
262
00:12:35,522 --> 00:12:38,158
You win, she likes you.
You lose, she doesn't.
263
00:12:38,191 --> 00:12:41,862
And if I lose, you will get
the brunt of the blame,
264
00:12:41,895 --> 00:12:43,463
not me.
265
00:12:43,496 --> 00:12:46,332
I already gave Bobby
the affidavit.
266
00:12:46,366 --> 00:12:50,403
But thanks
for stopping by, Richard.
267
00:12:50,436 --> 00:12:53,507
It's been good
to catch up.
268
00:13:04,384 --> 00:13:06,052
You working late?
269
00:13:06,086 --> 00:13:09,523
The Wallace appeal
is tomorrow.
270
00:13:09,556 --> 00:13:11,892
You feeling okay?
271
00:13:11,925 --> 00:13:13,159
Fine.
272
00:13:13,193 --> 00:13:16,229
I'm glad it's out.
273
00:13:16,262 --> 00:13:20,466
It was hard for me
to keep it a secret.
274
00:13:20,500 --> 00:13:24,404
Bobby, I didn't take
the pregnancy test here.
275
00:13:24,437 --> 00:13:26,573
Did you order that book?
276
00:13:26,607 --> 00:13:28,809
Me? No.
277
00:13:30,877 --> 00:13:34,047
That little witch tricked us.
278
00:13:34,080 --> 00:13:37,083
Either that,
or somebody else is pregnant.
279
00:13:41,454 --> 00:13:43,056
You okay, Bec?
280
00:13:43,089 --> 00:13:46,359
Hmm? Oh, sure.
281
00:13:46,392 --> 00:13:48,028
What you thinking about?
282
00:13:48,061 --> 00:13:50,931
Just the case.
283
00:13:50,964 --> 00:13:52,398
MARGARET: Ms. Washington?
284
00:13:55,401 --> 00:13:57,103
Can I speak to you?
285
00:13:57,137 --> 00:13:59,205
Well, I represent your husband.
286
00:13:59,239 --> 00:14:02,242
Yes, I know.
287
00:14:02,275 --> 00:14:05,111
I've decided not to testify.
288
00:14:05,145 --> 00:14:07,914
Oh.
289
00:14:09,282 --> 00:14:11,317
Well.
290
00:14:11,351 --> 00:14:14,154
Actually, I do want to testify,
291
00:14:14,187 --> 00:14:16,122
but for Robert.
292
00:14:16,156 --> 00:14:18,424
I'm not sure I understand.
293
00:14:18,458 --> 00:14:20,493
Your client is innocent.
294
00:14:44,017 --> 00:14:45,919
You got a problem.
295
00:14:45,952 --> 00:14:48,154
He's about two weeks
away from Bridgewater.
296
00:14:48,188 --> 00:14:50,456
He's suffering from
severe clinical depression.
297
00:14:50,490 --> 00:14:52,392
He needs to be hospitalized
right now.
298
00:14:52,425 --> 00:14:54,227
We're due in court.
299
00:14:54,260 --> 00:14:57,197
Bobby, this man
is not going to court.
300
00:14:57,230 --> 00:14:58,532
He's in the middle
of what's called
301
00:14:58,565 --> 00:15:00,567
a situational
mental breakdown,
302
00:15:00,601 --> 00:15:04,270
most likely caused by
twin positional traumas--
303
00:15:04,304 --> 00:15:06,172
The death of his wife,
and the conviction.
304
00:15:06,206 --> 00:15:09,309
The spots,
the inability to sleep--
305
00:15:09,342 --> 00:15:12,012
The man is on the verge
of a psychotic breakdown.
306
00:15:12,045 --> 00:15:14,681
He needs to be transferred
to a mental facility right now.
307
00:15:14,715 --> 00:15:16,482
Eugene, go to Wolf.
308
00:15:16,517 --> 00:15:18,151
File a motion
that he be transferred
309
00:15:18,184 --> 00:15:20,086
to the hospital jail ward.
310
00:15:20,120 --> 00:15:22,188
I'll handle
the appeals court myself.
311
00:15:22,222 --> 00:15:23,590
I'll need your affidavit.
312
00:15:23,624 --> 00:15:25,526
Can you agree
to supervise at the hospital?
313
00:15:25,559 --> 00:15:27,127
Absolutely.
314
00:15:27,160 --> 00:15:29,295
You've got to get him
out of prison.
315
00:15:30,597 --> 00:15:32,098
Let's go.
316
00:15:37,604 --> 00:15:40,040
He had me by the shoulders.
317
00:15:40,073 --> 00:15:42,375
I can remember his face
318
00:15:42,408 --> 00:15:45,111
being right there
in front of me.
319
00:15:45,145 --> 00:15:47,080
I had never heard him
scream like that.
320
00:15:47,113 --> 00:15:48,414
What were you fighting about?
321
00:15:48,448 --> 00:15:49,750
The same thing as always--
322
00:15:49,783 --> 00:15:51,484
He wouldn't stop drinking.
323
00:15:51,518 --> 00:15:54,521
It was getting worse
since the wedding.
324
00:15:54,555 --> 00:15:56,289
Did you tell him
you were worried?
325
00:15:56,322 --> 00:15:57,558
I tried,
326
00:15:57,591 --> 00:15:59,292
but when Robert's like that...
327
00:15:59,325 --> 00:16:00,994
you can't tell him anything.
328
00:16:01,027 --> 00:16:02,295
What was he saying?
329
00:16:02,328 --> 00:16:03,630
It was my fault.
330
00:16:03,664 --> 00:16:05,131
He had to drink
331
00:16:05,165 --> 00:16:07,634
because I was
making him miserable.
332
00:16:07,668 --> 00:16:10,303
He was yelling
and shaking me.
333
00:16:10,336 --> 00:16:13,139
That's when I got scared.
334
00:16:13,173 --> 00:16:15,075
I waited till he left the room,
335
00:16:15,108 --> 00:16:16,677
and called 911.
336
00:16:16,710 --> 00:16:19,479
Tell the jury
why you called the police.
337
00:16:19,513 --> 00:16:22,182
I never wanted
to have him arrested.
338
00:16:22,215 --> 00:16:25,185
I thought they could just
get him out of the house--
339
00:16:25,218 --> 00:16:28,689
Hold him, maybe,
until he was sober again.
340
00:16:28,722 --> 00:16:31,457
But then he heard you
on the phone?
341
00:16:31,491 --> 00:16:32,793
He came up behind me
342
00:16:32,826 --> 00:16:34,695
and ripped the phone
out of my hand.
343
00:16:34,728 --> 00:16:37,598
That's why I was screaming
on the tape.
344
00:16:37,631 --> 00:16:39,700
I was scared,
so I ran.
345
00:16:39,733 --> 00:16:42,202
When I got to the stairs,
I was going too fast.
346
00:16:42,235 --> 00:16:46,540
All I remember is falling
and waking up at the hospital.
347
00:16:46,573 --> 00:16:49,142
Mrs. Wakefield,
I want to be clear.
348
00:16:49,175 --> 00:16:52,646
Did Robert push you
down those stairs?
349
00:16:52,679 --> 00:16:58,051
No. We were fighting,
but he didn't hurt me.
350
00:16:58,084 --> 00:17:00,220
I tripped, and I fell.
351
00:17:00,253 --> 00:17:02,488
But that's not
what you told the police.
352
00:17:02,523 --> 00:17:04,457
I was angry.
353
00:17:04,490 --> 00:17:06,359
They were trying to get me
to say what they wanted,
354
00:17:06,392 --> 00:17:09,395
and I wanted to punish him.
355
00:17:11,331 --> 00:17:13,066
"We were at the top
of the staircase.
356
00:17:13,099 --> 00:17:15,068
"Robert had me by the hair.
357
00:17:15,101 --> 00:17:16,369
"I begged him to let me go,
358
00:17:16,402 --> 00:17:18,471
and then he pushed me
from behind."
359
00:17:18,505 --> 00:17:20,473
Isn't that what you said
in the hospital?
360
00:17:20,507 --> 00:17:23,577
I didn't really have time
to think about things.
361
00:17:23,610 --> 00:17:26,747
Have you and your husband
talked about reconciling?
362
00:17:26,780 --> 00:17:28,281
Yes.
363
00:17:28,314 --> 00:17:31,618
When did you have these talks?
364
00:17:31,652 --> 00:17:33,620
A few days ago.
365
00:17:43,163 --> 00:17:45,231
Look at your face, Margaret.
366
00:17:51,404 --> 00:17:56,610
Look, I'm not saying that I
didn't fall down the stairs.
367
00:17:56,643 --> 00:17:59,479
I'm not saying
that it didn't happen
368
00:17:59,513 --> 00:18:02,182
as a result of an argument
and scuffle with Robert.
369
00:18:02,215 --> 00:18:03,817
What I am finally admitting--
370
00:18:03,850 --> 00:18:06,186
-You've answered my question.
-No, I haven't.
371
00:18:06,219 --> 00:18:07,521
I ask that the witness
be instructed--
372
00:18:07,554 --> 00:18:08,689
You are trying to make it seem
373
00:18:08,722 --> 00:18:10,423
like he's controlling me!
374
00:18:10,456 --> 00:18:12,759
The witness may answer
the question.
375
00:18:16,429 --> 00:18:19,232
What I am finally admitting to
376
00:18:19,265 --> 00:18:22,235
is that he didn't intend
for me to fall.
377
00:18:23,770 --> 00:18:24,871
I know that disturbs your case,
378
00:18:24,905 --> 00:18:28,542
but, like it or not...
379
00:18:28,575 --> 00:18:29,876
it's the truth.
380
00:18:33,914 --> 00:18:36,382
I would like to focus
the court's attention
381
00:18:36,416 --> 00:18:38,351
on our first issue
for appeal,
382
00:18:38,384 --> 00:18:40,554
which is
the trial court's refusal
383
00:18:40,587 --> 00:18:42,388
to conduct
an evidentiary hearing
384
00:18:42,422 --> 00:18:43,924
concerning
the charge of perjury
385
00:18:43,957 --> 00:18:46,392
by a material witness,
386
00:18:46,426 --> 00:18:48,228
and the prosecution's role
in suborning that perjury.
387
00:18:48,261 --> 00:18:49,763
Attached to our
supplemental brief
388
00:18:49,796 --> 00:18:51,264
is the sworn affidavit
389
00:18:51,297 --> 00:18:53,900
of district attorney
Helen Gamble,
390
00:18:53,934 --> 00:18:55,401
who was present when Mr. Bay
encouraged the witness,
391
00:18:55,435 --> 00:18:57,571
Kyle Barrett,
to give false testimony.
392
00:18:57,604 --> 00:18:59,405
That's not what
her affidavit says.
393
00:18:59,439 --> 00:19:01,274
It alleges he coached
the witness,
394
00:19:01,307 --> 00:19:03,677
but doesn't go so far as
to state he suborned perjury.
395
00:19:03,710 --> 00:19:05,411
It says he supplied testimony
which was new
396
00:19:05,445 --> 00:19:07,447
and different
from any prior statement
397
00:19:07,480 --> 00:19:08,749
given by this witness.
398
00:19:08,782 --> 00:19:10,751
That to me implies perjury,
399
00:19:10,784 --> 00:19:12,753
and a reading
of Ms. Gamble's affidavit
400
00:19:12,786 --> 00:19:14,454
reveals that she too
drew that inference.
401
00:19:14,487 --> 00:19:17,524
Mr. Bay, I assume you take issue
with this allegation?
402
00:19:17,558 --> 00:19:19,292
I'm offended by it.
403
00:19:19,325 --> 00:19:21,294
I certainly expressed
to the witness
404
00:19:21,327 --> 00:19:23,463
the need for his testimony
to be compelling.
405
00:19:23,496 --> 00:19:25,398
I never remotely
asked him to lie.
406
00:19:25,431 --> 00:19:27,868
What about the idea that
you supplied the testimony?
407
00:19:27,901 --> 00:19:30,303
I gave him a list of points
we needed to cover.
408
00:19:30,336 --> 00:19:33,206
I told him what
was most relevant,
what needed to be emphasized.
409
00:19:33,239 --> 00:19:36,943
The idea that I encouraged
false testimony is preposterous!
410
00:19:36,977 --> 00:19:39,312
It's a desperate ploy
by a defense team
411
00:19:39,345 --> 00:19:41,314
that's even arguing
its own inadequacy,
412
00:19:41,347 --> 00:19:42,516
if you look
at paragraph six.
413
00:19:42,549 --> 00:19:44,250
I haven't got to that yet!
414
00:19:44,284 --> 00:19:46,853
Your Honors,
this is the catchall
415
00:19:46,887 --> 00:19:48,522
"inadequacy of counsel" appeal
416
00:19:48,555 --> 00:19:49,823
that's typically
thrown out there
417
00:19:49,856 --> 00:19:51,592
when the defendants have
little else to go on.
418
00:19:51,625 --> 00:19:53,560
The fact remains,
419
00:19:53,594 --> 00:19:55,596
Scott Wallace
is an educated man.
420
00:19:55,629 --> 00:19:58,532
He participated
in his defense fully.
421
00:19:58,565 --> 00:20:01,301
This was a strategic decision
to which he relented.
422
00:20:01,334 --> 00:20:04,404
It does not rise to a denial
of his right to testify.
423
00:20:06,807 --> 00:20:09,510
-It's unfair surprise.
-I didn't know about it myself.
424
00:20:09,543 --> 00:20:11,411
-I just uncovered it.
-That doesn't matter.
425
00:20:11,444 --> 00:20:12,813
At this point in the trial--
426
00:20:12,846 --> 00:20:14,615
Look, I'll give you time
if you want discovery.
427
00:20:14,648 --> 00:20:16,550
-I don't want time.
-Hold on.
428
00:20:16,583 --> 00:20:18,318
These are records
of her injuries?
429
00:20:18,351 --> 00:20:20,253
No, Your Honor,
his previous wife.
430
00:20:20,286 --> 00:20:21,588
There are also medical records
431
00:20:21,622 --> 00:20:23,456
of three injuries
to the daughter.
432
00:20:23,489 --> 00:20:26,292
A broken arm,
a shoulder bruise,
and a laceration.
433
00:20:26,326 --> 00:20:28,629
-Over a period of...
-Eleven years total.
434
00:20:28,662 --> 00:20:30,496
First of all,
there is no evidence
435
00:20:30,531 --> 00:20:32,833
or suggestion that my client
caused these injuries.
436
00:20:32,866 --> 00:20:35,836
Was Mr. Wakefield ever accused
of any abuse?
437
00:20:35,869 --> 00:20:39,339
No, but with this pattern,
he probably should have been.
438
00:20:39,372 --> 00:20:41,642
Do you have any evidence
that he caused them?
439
00:20:41,675 --> 00:20:43,744
No, but--
440
00:20:43,777 --> 00:20:45,478
Denied.
441
00:20:45,512 --> 00:20:47,480
-You know better than that.
-Your Honor...
442
00:20:47,514 --> 00:20:50,817
Out you go.
I'll see you back in court.
443
00:20:54,855 --> 00:20:56,923
(door opens)
444
00:20:59,626 --> 00:21:01,061
Did you hit your first wife?
445
00:21:01,094 --> 00:21:02,796
What?
446
00:21:02,829 --> 00:21:04,330
They dug up hospital reports,
447
00:21:04,364 --> 00:21:05,666
and some on Jennifer, too.
448
00:21:05,699 --> 00:21:07,934
No. They're saying
that I hit them?
449
00:21:07,968 --> 00:21:09,970
Well, luckily,
they don't get to say it,
450
00:21:10,003 --> 00:21:12,506
but my question is,
did you?
451
00:21:12,539 --> 00:21:14,474
Of course not!
Rebecca!
452
00:21:14,508 --> 00:21:15,676
How'd she get her injuries?
453
00:21:15,709 --> 00:21:17,443
What injuries?
454
00:21:17,477 --> 00:21:18,579
Bruises. Cuts.
455
00:21:18,612 --> 00:21:20,313
Jennifer had a broken arm.
456
00:21:20,346 --> 00:21:22,616
She fell off of her bike.
457
00:21:22,649 --> 00:21:24,818
Joanne, she rode horses.
She jumped.
458
00:21:24,851 --> 00:21:26,853
She had a couple
of accidents, maybe.
459
00:21:26,887 --> 00:21:28,789
What the hell is this?
460
00:21:28,822 --> 00:21:30,456
Is this what happens now--
461
00:21:30,490 --> 00:21:32,292
They start manufacturing things?
462
00:21:34,494 --> 00:21:36,530
Seems like a lot
of accidents, Robert.
463
00:21:36,563 --> 00:21:39,099
Hey, I've had my share
of yelling arguments.
464
00:21:39,132 --> 00:21:40,767
I've even grabbed
from time to time,
465
00:21:40,801 --> 00:21:42,569
both Joanne and Margaret,
466
00:21:42,603 --> 00:21:45,572
but I have never,
ever hit a woman.
467
00:21:45,606 --> 00:21:48,308
And my daughter!
468
00:21:50,511 --> 00:21:53,647
I don't think it's wise
for you to testify.
469
00:21:53,680 --> 00:21:56,016
I suggest we rest
and go to closing.
470
00:21:56,049 --> 00:21:57,684
And why is that?
471
00:21:57,718 --> 00:21:58,919
Because Helen Gamble
could back-door
472
00:21:58,952 --> 00:22:00,353
that other stuff on impeachment,
473
00:22:00,386 --> 00:22:01,622
and it wouldn't look good.
474
00:22:01,655 --> 00:22:03,356
Trust me.
475
00:22:05,559 --> 00:22:08,529
Do I need another lawyer here?
476
00:22:11,131 --> 00:22:12,899
I'll finish.
477
00:22:12,933 --> 00:22:16,002
I don't want you finishing
unless you believe me.
478
00:22:16,036 --> 00:22:18,705
Do I need a new lawyer?
479
00:22:22,576 --> 00:22:24,377
I'll finish.
480
00:22:37,490 --> 00:22:39,660
I'm telling you, Ellenor,
481
00:22:39,693 --> 00:22:41,595
I know this woman.
482
00:22:41,628 --> 00:22:45,431
She's covering for him.
I know her.
483
00:22:45,465 --> 00:22:47,601
At the risk of getting
my head bitten off,
484
00:22:47,634 --> 00:22:49,069
ground into wheat germ,
485
00:22:49,102 --> 00:22:50,504
and sprinkled
on your cereal,
486
00:22:50,537 --> 00:22:52,005
I know you.
487
00:22:52,038 --> 00:22:53,774
What's that supposed to mean?
488
00:22:53,807 --> 00:22:56,076
It means you are under
a lot of pressure at work.
489
00:22:56,109 --> 00:22:57,978
Have you considered
the possibility
490
00:22:58,011 --> 00:22:59,980
that you need
this conviction so badly
491
00:23:00,013 --> 00:23:01,982
you are willing
to chase one
492
00:23:02,015 --> 00:23:03,784
even in the absence
of a crime?
493
00:23:03,817 --> 00:23:05,652
Look, after what I did
on the Wallace case,
494
00:23:05,686 --> 00:23:07,688
how could you
even say that to me?
495
00:23:07,721 --> 00:23:09,790
I believe you believe
he's guilty.
496
00:23:09,823 --> 00:23:12,993
My question is,
do you need to believe it?
497
00:23:13,026 --> 00:23:15,996
The only eyewitness
is the victim,
498
00:23:16,029 --> 00:23:18,932
and she says
there was no crime.
499
00:23:18,965 --> 00:23:22,168
Is she the only eyewitness?
500
00:23:26,873 --> 00:23:29,910
(school bell rings)
501
00:23:41,555 --> 00:23:43,524
Jennifer?
502
00:23:43,557 --> 00:23:45,458
Hi.
503
00:23:45,491 --> 00:23:47,493
Are you Jennifer Wakefield?
504
00:23:47,528 --> 00:23:48,695
Who are you?
505
00:23:48,729 --> 00:23:50,130
My name's Helen Gamble.
506
00:23:50,163 --> 00:23:52,032
I'm a district attorney.
507
00:23:52,065 --> 00:23:54,735
Could I talk to you
for a second?
508
00:23:56,603 --> 00:23:58,939
I know who you are.
509
00:24:01,775 --> 00:24:03,577
(telephone rings)
510
00:24:03,610 --> 00:24:05,712
Donnell-- Whatever.
511
00:24:05,746 --> 00:24:08,582
Yeah. Yeah, he's right here.
512
00:24:08,615 --> 00:24:11,818
It's the clerk's office
about the Wallace appeal.
513
00:24:12,886 --> 00:24:14,755
Hello.
514
00:24:16,590 --> 00:24:17,924
Yes.
515
00:24:19,760 --> 00:24:21,027
Today?
516
00:24:22,596 --> 00:24:24,097
Thank you.
517
00:24:25,566 --> 00:24:27,100
What?
518
00:24:27,133 --> 00:24:28,902
They ordered a full hearing
519
00:24:28,935 --> 00:24:30,871
on the perjury issue.
520
00:24:30,904 --> 00:24:33,907
We go back
into Judge Wolf today.
521
00:24:33,940 --> 00:24:35,809
That's our best grounds,
Eugene.
522
00:24:35,842 --> 00:24:37,511
We have a shot.
523
00:24:37,544 --> 00:24:38,879
-I don't believe it.
-We're back in this.
524
00:24:38,912 --> 00:24:40,914
Well, let's not
get carried away.
525
00:24:40,947 --> 00:24:42,916
Eugene, it's our best grounds.
We're gonna get him out.
526
00:24:42,949 --> 00:24:46,687
Bobby, we can't get
Scott's hopes up.
527
00:24:46,720 --> 00:24:47,788
Not yet.
528
00:24:50,290 --> 00:24:52,292
They turned us down
on three issues.
529
00:24:52,325 --> 00:24:53,927
But on the perjury,
530
00:24:53,960 --> 00:24:57,163
-we get a full hearing.
-And this is good?
531
00:24:57,197 --> 00:24:59,099
Well, we were hoping
they'd order a new
trial outright.
532
00:24:59,132 --> 00:25:01,034
We didn't get that,
but with a hearing,
533
00:25:01,067 --> 00:25:04,104
if the judge determines
that the brother did
commit perjury,
534
00:25:04,137 --> 00:25:06,673
then we get a new trial.
535
00:25:06,707 --> 00:25:08,742
Unfortunately, we go before
the same judge we had at trial.
536
00:25:08,775 --> 00:25:09,810
Wolf?
537
00:25:09,843 --> 00:25:10,944
Yes, but...
538
00:25:10,977 --> 00:25:12,746
I said no toast!
539
00:25:12,779 --> 00:25:14,615
No toast.
540
00:25:26,927 --> 00:25:29,996
Scott, you need to rest.
541
00:25:32,198 --> 00:25:35,301
The doctor says
that you're suffering
from clinical depression.
542
00:25:35,335 --> 00:25:37,638
Karen dying, the conviction...
543
00:25:39,139 --> 00:25:41,808
You need to rest,
take your medication,
544
00:25:41,842 --> 00:25:44,077
and we'll do
what we need to do.
545
00:25:44,110 --> 00:25:46,012
The spots are going away.
546
00:25:46,046 --> 00:25:49,550
I'm doing better, Bobby.
I'm not seeing the spots.
547
00:25:51,718 --> 00:25:53,119
This is great.
548
00:25:55,055 --> 00:25:56,990
You'll, uh...
549
00:25:57,023 --> 00:26:00,193
You'll come back and see me
after the hearing?
550
00:26:02,228 --> 00:26:03,564
I promise.
551
00:26:05,198 --> 00:26:06,933
-I promise.
-Thank you.
552
00:26:16,276 --> 00:26:20,013
She is a witness!
I have a right to question
any witness!
553
00:26:20,046 --> 00:26:22,015
I filed my appearance
with the court,
554
00:26:22,048 --> 00:26:24,350
indicating I represent
the entire family.
555
00:26:24,384 --> 00:26:26,252
Which is a potential
conflict of interest.
556
00:26:26,286 --> 00:26:28,855
You take that up here,
not on a playground.
557
00:26:28,889 --> 00:26:30,991
You went to the school?
558
00:26:31,024 --> 00:26:32,325
Yes.
559
00:26:32,358 --> 00:26:34,661
What the hell
is wrong with you?
560
00:26:34,695 --> 00:26:36,096
What's wrong is
I think this girl
561
00:26:36,129 --> 00:26:38,131
may have seen or heard
something that night.
562
00:26:38,164 --> 00:26:39,933
Then your course of action
563
00:26:39,966 --> 00:26:42,102
was to get a material
witness warrant.
564
00:26:42,135 --> 00:26:43,937
Your Honor,
under the circumstances--
565
00:26:43,970 --> 00:26:46,072
There are rules
barring contact
566
00:26:46,106 --> 00:26:48,074
with represented parties
567
00:26:48,108 --> 00:26:52,112
that especially apply
to prosecutors, Miss Gamble!
568
00:26:52,145 --> 00:26:54,114
She's nine years old!
569
00:26:54,147 --> 00:26:55,916
I believe the witness is
570
00:26:55,949 --> 00:26:57,383
under the control
of the defendant.
571
00:26:57,417 --> 00:26:59,653
You have been running about
572
00:26:59,686 --> 00:27:01,755
making accusation
after accusation
573
00:27:01,788 --> 00:27:03,423
with nothing to support it!
574
00:27:03,456 --> 00:27:04,958
That's why I went
to ask questions.
575
00:27:04,991 --> 00:27:07,427
Well, you went about it
the wrong way!
576
00:27:07,460 --> 00:27:10,263
You are restrained
from going near the girl.
577
00:27:10,296 --> 00:27:12,365
You're lucky I don't
report you to the bar!
578
00:27:12,398 --> 00:27:14,067
-Your Honor--
-That is all!
579
00:27:21,742 --> 00:27:24,911
-Do I have to do anything?
-No. I promise.
580
00:27:24,945 --> 00:27:26,412
We just want you
to be there.
581
00:27:26,446 --> 00:27:28,048
It would be good
for the jury
582
00:27:28,081 --> 00:27:29,783
to see you all as a family,
that's all.
583
00:27:29,816 --> 00:27:31,718
Okay.
584
00:27:31,752 --> 00:27:34,254
Jenny, could you
go out for a second?
585
00:27:34,287 --> 00:27:36,256
I'd like to talk
to Miss Washington.
586
00:27:36,289 --> 00:27:38,925
-I'll take her.
-Thank you.
587
00:27:38,959 --> 00:27:40,661
Come on, honey.
588
00:27:44,831 --> 00:27:46,399
Is this really necessary?
589
00:27:46,432 --> 00:27:48,735
I wouldn't ask for it
if I didn't need to.
590
00:27:48,769 --> 00:27:51,404
We stand a very good chance
of an acquittal here.
591
00:27:51,437 --> 00:27:52,839
Why risk it?
592
00:27:52,873 --> 00:27:55,241
The risk is her
being traumatized.
593
00:27:55,275 --> 00:27:57,243
She's got to sit
and listen
594
00:27:57,277 --> 00:28:00,246
to accusations
that her father...
595
00:28:00,280 --> 00:28:02,382
threw her stepmother
down the stairs.
596
00:28:02,415 --> 00:28:05,085
Again...
597
00:28:05,118 --> 00:28:08,689
I'm trying to avoid
a conviction.
598
00:28:11,457 --> 00:28:13,126
All right, Mr. Donnell.
599
00:28:13,159 --> 00:28:14,460
Call your first witness.
600
00:28:14,494 --> 00:28:17,063
The defense calls
Helen Gamble.
601
00:28:17,097 --> 00:28:20,066
Offer of proof?
602
00:28:20,100 --> 00:28:23,403
Miss Gamble was there
in the room
603
00:28:23,436 --> 00:28:24,871
with Barrett and Mr. Bay.
604
00:28:24,905 --> 00:28:26,807
She was the lead D. A.
605
00:28:26,840 --> 00:28:30,010
What's she going to say
that's not in her affidavit?
606
00:28:30,043 --> 00:28:32,779
Well, she will confirm
all the allegations
607
00:28:32,813 --> 00:28:35,381
-made in her affidavit.
-She doesn't need to.
I've heard them.
608
00:28:35,415 --> 00:28:36,950
Call your next witness.
609
00:28:36,983 --> 00:28:39,085
What about
the commonwealth's right
610
00:28:39,119 --> 00:28:40,854
to cross-examine
this witness?
611
00:28:40,887 --> 00:28:42,989
Mr. Bay?
612
00:28:49,395 --> 00:28:51,097
I think the court
can take judicial notice
613
00:28:51,131 --> 00:28:53,233
we dispute
Miss Gamble's claims.
614
00:28:53,266 --> 00:28:55,268
The court of appeals
615
00:28:55,301 --> 00:28:58,304
ordered a full evidentiary
hearing on this issue.
616
00:28:58,338 --> 00:29:00,907
I will enter her affidavit
into evidence.
617
00:29:00,941 --> 00:29:02,175
Call your next witness,
please.
618
00:29:02,208 --> 00:29:03,910
I object to this!
619
00:29:03,944 --> 00:29:05,912
If you have
any other witnesses,
620
00:29:05,946 --> 00:29:08,014
you'd better call them.
621
00:29:08,048 --> 00:29:10,984
Otherwise, this evidentiary
hearing is over.
622
00:29:11,017 --> 00:29:14,387
The defense objects to
the court acting out of ego!
623
00:29:14,420 --> 00:29:16,890
The defense wants it noted
for the record
624
00:29:16,923 --> 00:29:18,992
that the trial court judge
is angered by the fact
625
00:29:19,025 --> 00:29:21,562
that the appeals court
ruled he was in error,
626
00:29:21,595 --> 00:29:24,565
and the defense wants
its objection noted
for the record
627
00:29:24,598 --> 00:29:27,167
that the trial court judge
is not complying
628
00:29:27,200 --> 00:29:29,269
with the order
of the appeals court.
629
00:29:33,907 --> 00:29:36,309
I will repeat--
630
00:29:36,342 --> 00:29:40,480
Call your next witness,
or the hearing is over.
631
00:29:40,514 --> 00:29:43,116
My next witness, Kyle Barrett,
hasn't arrived yet.
632
00:29:43,149 --> 00:29:45,451
We'll adjourn until he does.
One hour.
633
00:29:45,485 --> 00:29:47,153
(gavel bangs)
634
00:29:47,187 --> 00:29:49,022
(crowd murmuring)
635
00:30:00,534 --> 00:30:02,402
So we have a crime
636
00:30:02,435 --> 00:30:06,406
where the victim says
it didn't happen.
637
00:30:06,439 --> 00:30:09,075
Now, did she
once claim it did?
638
00:30:09,109 --> 00:30:10,076
Yes.
639
00:30:10,110 --> 00:30:12,312
But, as she explained,
640
00:30:12,345 --> 00:30:15,048
she was confused and angry,
641
00:30:15,081 --> 00:30:17,183
and she lashed out.
642
00:30:17,217 --> 00:30:19,152
And all those statements came
643
00:30:19,185 --> 00:30:21,321
when she was
emotionally unsteady,
644
00:30:21,354 --> 00:30:23,223
as she told you.
645
00:30:23,256 --> 00:30:26,593
But now she's admitting
the truth--
646
00:30:26,627 --> 00:30:28,862
It never happened.
647
00:30:28,895 --> 00:30:30,864
All those prior statements
she made?
648
00:30:30,897 --> 00:30:32,032
Made up.
649
00:30:33,534 --> 00:30:35,636
We don't just have
reasonable doubt
650
00:30:35,669 --> 00:30:37,571
as to his guilt here;
651
00:30:37,604 --> 00:30:41,474
we have proof
of his innocence.
652
00:30:41,508 --> 00:30:46,012
She finally let go of her rage
653
00:30:46,046 --> 00:30:49,650
and let the truth come out.
654
00:30:49,683 --> 00:30:52,452
If only we could get
a zealous district attorney
655
00:30:52,485 --> 00:30:53,920
to do the same.
656
00:31:01,528 --> 00:31:05,198
Yes, that's the only reason
we're here--
657
00:31:05,231 --> 00:31:08,334
Because I'm an angry,
overzealous district attorney
658
00:31:08,368 --> 00:31:12,005
who cannot let go of her rage.
659
00:31:12,038 --> 00:31:14,307
Do you really believe that?
660
00:31:14,340 --> 00:31:16,977
Nothing to do with the fact
661
00:31:17,010 --> 00:31:20,480
that an unconscious woman
was rushed to the hospital.
662
00:31:20,514 --> 00:31:22,916
Let's just forget
the 911 call
663
00:31:22,949 --> 00:31:24,250
where the victim was screaming
664
00:31:24,284 --> 00:31:26,219
while the defendant
pursued her.
665
00:31:26,252 --> 00:31:29,355
This isn't the day after,
ladies and gentlemen.
666
00:31:29,389 --> 00:31:31,625
It's not the week after.
667
00:31:31,658 --> 00:31:36,129
These charges were filed
six months ago.
668
00:31:36,162 --> 00:31:38,464
Margaret Wakefield
has stuck to her story
669
00:31:38,498 --> 00:31:40,466
since last spring.
670
00:31:40,500 --> 00:31:42,603
It's only after
she and her husband
671
00:31:42,636 --> 00:31:44,971
talked two days ago
about reconciling
672
00:31:45,005 --> 00:31:46,973
that she suddenly rises up
and says,
673
00:31:47,007 --> 00:31:49,309
"Gee, I think I was mistaken.
674
00:31:49,342 --> 00:31:51,477
It must have been
an accident."
675
00:31:54,180 --> 00:31:56,316
Do you really believe that?
676
00:31:58,484 --> 00:32:01,454
I'm sure Margaret Wakefield
is a little frightened.
677
00:32:04,324 --> 00:32:06,627
Her husband Robert
supported her.
678
00:32:06,660 --> 00:32:10,030
He's the father of her step--
679
00:32:14,367 --> 00:32:16,670
He's the father
of her stepdaughter.
680
00:32:16,703 --> 00:32:20,373
She's suddenly faced
with losing everything,
681
00:32:20,406 --> 00:32:23,610
and she thinks,
"Maybe we can work it out."
682
00:32:23,644 --> 00:32:25,311
They talk
about reconciling,
683
00:32:25,345 --> 00:32:27,347
and suddenly, poof.
684
00:32:27,380 --> 00:32:30,216
It's an accident.
685
00:32:30,250 --> 00:32:32,018
He threw her down the stairs.
686
00:32:32,052 --> 00:32:34,487
It can't be erased,
687
00:32:34,521 --> 00:32:36,256
even at the victim's
own request.
688
00:32:38,659 --> 00:32:41,595
It happened.
689
00:32:41,628 --> 00:32:44,230
And it will probably
happen again.
690
00:32:45,265 --> 00:32:46,667
You heard that tape.
691
00:32:46,700 --> 00:32:48,735
You heard those statements
to the police,
692
00:32:48,769 --> 00:32:50,671
to the hospital.
693
00:32:50,704 --> 00:32:53,574
"Robert did it.
694
00:32:53,607 --> 00:32:55,642
Robert pushed me."
695
00:32:59,445 --> 00:33:01,147
She can say whatever
she wants to now.
696
00:33:04,117 --> 00:33:06,687
But she didn't take an oath
to uphold the law.
697
00:33:09,122 --> 00:33:10,390
The 12 of you did.
698
00:33:15,495 --> 00:33:18,031
Could you please state
your name and address
699
00:33:18,064 --> 00:33:19,065
for the record, sir?
700
00:33:19,099 --> 00:33:20,333
Kyle Barrett.
701
00:33:20,366 --> 00:33:23,303
1505 North Street,
Walpole, Massachusetts.
702
00:33:23,336 --> 00:33:25,506
Mr. Barrett, you are
the brother of Karen Wallace,
703
00:33:25,539 --> 00:33:26,773
is that correct?
704
00:33:26,807 --> 00:33:28,341
Was the brother,
705
00:33:28,374 --> 00:33:30,511
until your client killed her.
706
00:33:30,544 --> 00:33:33,479
Mr. Barrett, in preparation
for your testimony
707
00:33:33,514 --> 00:33:35,348
at Scott Wallace's trial,
you had a meeting
708
00:33:35,381 --> 00:33:36,817
with Richard Bay
and Helen Gamble,
709
00:33:36,850 --> 00:33:38,051
did you not?
710
00:33:38,084 --> 00:33:40,120
On the advice of counsel,
711
00:33:40,153 --> 00:33:42,188
I'm exercising
my 5th amendment right
712
00:33:42,222 --> 00:33:44,558
not to answer your question.
713
00:33:46,560 --> 00:33:48,729
Excuse me?
714
00:33:50,196 --> 00:33:52,232
Your Honor,
I'm Matthew Stone,
715
00:33:52,265 --> 00:33:53,767
Mr. Barrett's attorney.
716
00:33:53,800 --> 00:33:56,770
Though my client maintains
his complete innocence
717
00:33:56,803 --> 00:34:00,607
with respect to
any allegation of perjury,
718
00:34:00,641 --> 00:34:03,343
given Helen Gamble's
beliefs,
719
00:34:03,376 --> 00:34:04,845
I have to advise him
not to answer these questions.
720
00:34:04,878 --> 00:34:07,180
Your client is not
on trial here, Mr. Stone.
721
00:34:07,213 --> 00:34:10,316
Understood.
But with the possibility
that charges could file,
722
00:34:10,350 --> 00:34:12,719
he has a 5th amendment right,
723
00:34:12,753 --> 00:34:16,122
and it would be foolish
for him not to exercise it.
724
00:34:19,392 --> 00:34:22,262
You have
to grant him immunity.
725
00:34:22,295 --> 00:34:24,698
-It's the only way
you can force him--
-You can forget that.
726
00:34:24,731 --> 00:34:27,267
If this man committed perjury
in a first-degree murder trial,
727
00:34:27,300 --> 00:34:29,102
I am not going
to offer up immunity
728
00:34:29,135 --> 00:34:30,470
like a stick of gum!
729
00:34:30,504 --> 00:34:32,606
I have to be allowed
to question him!
730
00:34:32,639 --> 00:34:34,741
I can't force him to waive
his 5th amendment right!
731
00:34:34,775 --> 00:34:36,743
We're being denied
our evidentiary hearing!
732
00:34:36,777 --> 00:34:39,112
Why don't you supply me
with some precedent
733
00:34:39,145 --> 00:34:40,781
where I get to take away
734
00:34:40,814 --> 00:34:42,448
his right
not to incriminate himself,
735
00:34:42,482 --> 00:34:44,484
and I'll be glad
to accommodate you.
736
00:34:46,587 --> 00:34:49,289
Is it your client's intent
to take the 5th
737
00:34:49,322 --> 00:34:51,224
on every question
he's asked?
738
00:34:51,257 --> 00:34:52,526
Yes, Your Honor.
739
00:34:54,661 --> 00:34:56,630
Everybody get out.
740
00:34:56,663 --> 00:34:58,799
I'm going to take 10 minutes
to think about this,
741
00:34:58,832 --> 00:35:01,768
then we'll reconvene.
742
00:35:01,802 --> 00:35:03,336
Out!
743
00:35:08,842 --> 00:35:10,844
I thought you quit.
744
00:35:14,180 --> 00:35:16,449
I'm not supposed
to talk to you, Helen.
745
00:35:18,719 --> 00:35:20,320
You seem to be doing
a lot of things
746
00:35:20,353 --> 00:35:22,656
you're not supposed
to do, Margaret.
747
00:35:26,192 --> 00:35:29,530
You know, I couldn't
figure it out--
748
00:35:29,563 --> 00:35:31,598
Then finally it hit me.
749
00:35:33,567 --> 00:35:34,668
You're not going
back to Robert
750
00:35:34,701 --> 00:35:37,170
because you love him.
751
00:35:37,203 --> 00:35:39,673
You're doing it
to protect Jennifer,
752
00:35:39,706 --> 00:35:43,443
because it's the only way
you can.
753
00:35:43,476 --> 00:35:44,745
I don't know what
you're talking about.
754
00:35:44,778 --> 00:35:47,447
-Yes, you do.
-No, I don't.
755
00:35:49,550 --> 00:35:51,184
The reason
you're so horrified
756
00:35:51,217 --> 00:35:52,686
that he'd only get
three years in prison
757
00:35:52,719 --> 00:35:54,187
is because
when he got out,
758
00:35:54,220 --> 00:35:55,856
Jennifer
would only be 12,
759
00:35:55,889 --> 00:35:57,490
and you're worried
he'd get custody again.
760
00:35:59,526 --> 00:36:02,328
Faced with that,
you decide to reconcile
761
00:36:02,362 --> 00:36:06,466
so you can always
be there to protect her.
762
00:36:06,499 --> 00:36:09,302
Margaret, he might not
get custody.
763
00:36:09,335 --> 00:36:12,673
-Under the law...
-I know the presumption,
764
00:36:12,706 --> 00:36:15,408
but there's
a good chance he would.
765
00:36:16,577 --> 00:36:18,845
And then what?
766
00:36:18,879 --> 00:36:23,316
What happens the next time
he pushes you down the stairs?
767
00:36:25,852 --> 00:36:27,621
Honey?
768
00:36:27,654 --> 00:36:30,991
Everything okay?
769
00:36:31,024 --> 00:36:34,695
Everything's just swell,
Mr. Wakefield.
770
00:36:34,728 --> 00:36:36,830
Come on.
771
00:36:51,645 --> 00:36:53,514
WOMAN: All rise.
772
00:37:07,961 --> 00:37:09,963
WOMAN: Be seated.
773
00:37:15,068 --> 00:37:17,804
I have been ordered
by the court of appeals
774
00:37:17,838 --> 00:37:20,941
to conduct a full hearing
into this perjury business.
775
00:37:20,974 --> 00:37:24,711
That hearing has been thwarted
by the primary witness
776
00:37:24,745 --> 00:37:26,947
exercising
his 5th amendment right
777
00:37:26,980 --> 00:37:29,516
not to testify.
778
00:37:29,550 --> 00:37:32,919
The conviction of Scott Wallace
is hereby set aside.
779
00:37:32,953 --> 00:37:36,022
It is the order of this court
that he be granted a new trial.
780
00:37:36,056 --> 00:37:37,524
-Adjourned.
-(gavel bangs)
781
00:37:55,942 --> 00:37:57,978
We fully intend to retry him.
782
00:37:58,011 --> 00:37:59,813
This man committed murder,
783
00:37:59,846 --> 00:38:01,682
and the district attorney's
office
784
00:38:01,715 --> 00:38:02,983
will pursue him
until his home in prison
785
00:38:03,016 --> 00:38:04,685
becomes permanent.
786
00:38:04,718 --> 00:38:06,352
Were you surprised
by the ruling?
787
00:38:06,386 --> 00:38:08,354
Shocked is more like it,
and outraged.
788
00:38:08,388 --> 00:38:10,991
Judge Wolf certainly acted
within his discretion,
789
00:38:11,024 --> 00:38:13,359
but the reality here is,
790
00:38:13,393 --> 00:38:15,696
a killer could get
back on the street,
791
00:38:15,729 --> 00:38:18,398
and I find that horrifying.
792
00:38:18,431 --> 00:38:20,466
What will Helen Gamble's
role be in the next trial?
793
00:38:20,500 --> 00:38:23,003
I will be prosecuting.
794
00:38:23,036 --> 00:38:25,338
I'll be in charge.
795
00:38:25,371 --> 00:38:27,574
Look at him.
Every time he loses,
he shrinks an inch.
796
00:38:27,608 --> 00:38:30,844
Amazing. They do it
all over again now.
797
00:38:30,877 --> 00:38:32,412
It's amazing.
798
00:38:34,548 --> 00:38:35,582
Is it exciting?
799
00:38:35,616 --> 00:38:36,750
The new trials?
800
00:38:36,783 --> 00:38:39,920
-Being pregnant.
-Oh. (laughs)
801
00:38:39,953 --> 00:38:42,355
Yeah, it's really amazing.
802
00:38:42,388 --> 00:38:43,990
(chuckles)
803
00:38:44,024 --> 00:38:45,526
You think Rebecca is?
804
00:38:45,559 --> 00:38:47,828
I doubt it.
805
00:38:47,861 --> 00:38:49,596
Well, the book and the test--
806
00:38:49,630 --> 00:38:51,598
It's kind of
an elaborate scam,
807
00:38:51,632 --> 00:38:53,366
even for Lucy.
808
00:38:53,399 --> 00:38:55,602
Yeah, but,
between you and me,
809
00:38:55,636 --> 00:38:58,605
I don't think
Rebecca's really pregnant,
810
00:38:58,639 --> 00:39:00,541
and I don't think Lucy's
playing any trick.
811
00:39:00,574 --> 00:39:02,776
Then how did that book get here?
812
00:39:02,809 --> 00:39:05,879
I ordered it.
813
00:39:05,912 --> 00:39:07,914
Why?
814
00:39:10,483 --> 00:39:13,787
Because I'm pregnant.
815
00:39:19,793 --> 00:39:22,629
So I'm not
convicted anymore?
816
00:39:22,663 --> 00:39:24,631
I mean,
I'm not convicted.
817
00:39:24,665 --> 00:39:26,667
No.
818
00:39:26,700 --> 00:39:28,669
The verdict is out.
819
00:39:32,973 --> 00:39:34,908
Do we do it again?
820
00:39:34,941 --> 00:39:37,644
We do it all over again.
821
00:39:38,812 --> 00:39:41,615
And this time
we're gonna win.
822
00:39:43,016 --> 00:39:44,551
Okay.
823
00:39:47,521 --> 00:39:49,690
These drugs make me weak.
824
00:39:49,723 --> 00:39:51,825
They're to help you rest.
825
00:39:51,858 --> 00:39:54,127
You just get better now,
okay, buddy?
826
00:39:54,160 --> 00:39:55,495
Okay.
827
00:39:55,529 --> 00:39:57,030
You get better.
828
00:40:00,233 --> 00:40:01,768
Next time...
829
00:40:04,538 --> 00:40:06,006
...we win.
830
00:40:08,141 --> 00:40:10,544
We win.
831
00:40:20,554 --> 00:40:22,989
The defendant
will please rise.
832
00:40:28,895 --> 00:40:30,931
Madam foreperson,
833
00:40:30,964 --> 00:40:33,734
the jury has reached
its unanimous verdict?
834
00:40:33,767 --> 00:40:35,001
We have, Your Honor.
835
00:40:35,035 --> 00:40:36,603
What say you?
836
00:40:36,637 --> 00:40:39,105
Commonwealth
v. Robert Wakefield--
837
00:40:39,139 --> 00:40:41,708
On the charge
of assault and battery
838
00:40:41,742 --> 00:40:44,778
with intent to cause
serious physical injury,
839
00:40:44,811 --> 00:40:46,613
we find the defendant,
Robert Wakefield,
840
00:40:46,647 --> 00:40:48,481
not guilty.
841
00:40:48,515 --> 00:40:50,851
JUDGE HILLER:
Members of the jury,
842
00:40:50,884 --> 00:40:52,819
this completes your service.
843
00:40:52,853 --> 00:40:55,622
You're dismissed
with the thanks of the court.
844
00:40:55,656 --> 00:40:57,658
The defendant is free to go.
845
00:40:57,691 --> 00:41:00,827
This matter is adjourned.
846
00:41:02,162 --> 00:41:03,930
Thank you.
847
00:41:05,666 --> 00:41:07,934
Thank you, Rebecca.
Thank you so much.
848
00:41:07,968 --> 00:41:09,469
Congratulations.
849
00:42:06,292 --> 00:42:08,595
♪ (theme)
850
00:42:31,351 --> 00:42:33,286
You stinker!
61301
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