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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,834 --> 00:00:02,202 Previously on "The Practice"... 2 00:00:02,235 --> 00:00:04,270 We have one last pretrial 3 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 00:00:16,817 --> 00:00:19,586 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. 14 00:00:31,264 --> 00:00:32,799 She was murdered. 15 00:00:32,833 --> 00:00:35,068 If you know it-- She did not commit suicide-- 16 00:00:35,101 --> 00:00:37,838 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 00:01:03,897 --> 00:01:07,100 I see no evidence that he solicited perjury. 31 00:01:07,133 --> 00:01:10,236 The conviction therefore stands. 32 00:01:10,270 --> 00:01:11,638 I'll get a new trial, right? 33 00:01:11,672 --> 00:01:13,740 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 00:01:18,745 --> 00:01:21,648 but I'm feeling maybe I'm not. 38 00:01:21,682 --> 00:01:23,283 Just hurry. 39 00:01:27,754 --> 00:01:30,423 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 00:01:38,464 --> 00:01:41,467 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 00:01:45,839 --> 00:01:47,674 you didn't think he was really trying to kill you. 47 00:01:47,708 --> 00:01:49,810 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-- 61 00:02:24,511 --> 00:02:26,246 Why would she lie about this? 62 00:02:26,279 --> 00:02:27,514 I would like to know myself. 63 00:02:27,548 --> 00:02:29,716 -Robert-- -What about my daughter? 64 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. 67 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. 70 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 00:03:44,525 --> 00:03:47,628 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 118 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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