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Okay. Standby for Larry.
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Three, two, one.
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Tonight, high courtroom drama.
4
00:00:10,904 --> 00:00:13,073
With us now in Boston
is Ellenor Frutt,
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00:00:13,106 --> 00:00:15,342
attorney for Lindsay Dole.
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Good evening, Larry.
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Ms. Frutt, your clientshoots a former client,
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and she's raised
battered woman syndrome
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00:00:22,449 --> 00:00:23,750
as a defense?
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00:00:23,784 --> 00:00:24,685
FRUTT: That's correct.
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00:00:24,718 --> 00:00:25,986
We typically think
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of a battered woman as a wife,
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00:00:28,021 --> 00:00:30,090
with the batterer
being the husband,
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00:00:30,123 --> 00:00:32,092
but the syndrome
is not confined
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to domestic relationships.
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Okay, but how
did Lawrence O'Malley
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00:00:36,096 --> 00:00:37,230
batter her?
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00:00:37,264 --> 00:00:38,565
FRUTT: Well, without gettinginto the details
19
00:00:38,599 --> 00:00:41,234
of our defense,
he threatened to kill her.
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00:00:41,268 --> 00:00:44,104
My client was in reasonable
fear for her life
21
00:00:44,137 --> 00:00:46,006
at the time Mr. O'Malley
showed up.
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00:00:46,039 --> 00:00:49,410
And this is different
from self-defense, how?
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00:00:49,443 --> 00:00:52,979
Self-defense would be
an objective standard.
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00:00:53,013 --> 00:00:54,848
Was it reasonable
for the defendant
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00:00:54,881 --> 00:00:56,182
to use deadly force?
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00:00:56,216 --> 00:00:59,520
Here, it's more
of a subjective test.
27
00:00:59,553 --> 00:01:01,955
Was it reasonable
for Lindsay Dole,
28
00:01:01,988 --> 00:01:04,858
in her particular mental state,
to use force?
29
00:01:04,891 --> 00:01:07,794
And this is where battered
woman syndrome applies.
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No love lost between you
and the district attorney.
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00:01:11,565 --> 00:01:13,434
Kenneth Walsh
is a fine prosecutor,
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00:01:13,467 --> 00:01:16,270
but he typically lets
his thirst for vengeance
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00:01:16,303 --> 00:01:18,739
color his actions,
and he's doing so here.
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It's a deliberate attempt
to contaminate the jury.
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I want her gagged
right now.
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00:01:26,447 --> 00:01:28,749
Let's add free speech
to the list of things you hate.
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That wasn't free speech,
Ellenor.
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WEST: Let's wipe some
of the foam off your mouth.
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She attacked me personally,
Your Honor.
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If you feel libeled,
I suggest you sue me.
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00:01:38,425 --> 00:01:41,428
WEST: This is not starting
off well.
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00:01:42,195 --> 00:01:44,965
Mr. Walsh, I am loathe
to issue gag orders
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and if I might share
with you an inside tip,
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the book on you is,
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00:01:49,570 --> 00:01:52,238
you're less effective
in the room when angry,
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and I would guess Ms. Frutt
is attempting
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to get you in that state.
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And you might be best served
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00:01:57,711 --> 00:02:00,213
by ignoring
her out-of-court antics.
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WALSH: When those antics
are for the purpose
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00:02:02,015 --> 00:02:03,317
of influencing the jury.
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WEST: I will watch the tape
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and decide if she went too far.
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Now, as a warning
to both of you,
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00:02:11,692 --> 00:02:13,259
keep it professional.
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You know, I'm tired
of your piss-ass crap.
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I'm tired of your
firm's piss-ass crap.
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00:02:25,339 --> 00:02:26,907
You made a big mistake,
Ellenor,
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00:02:26,940 --> 00:02:28,208
and your client's
gonna pay for it
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00:02:28,241 --> 00:02:30,644
for the rest of her life,
you piss-ass,
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scum-crap dirt bastard.
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You seem mad.
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(music playing)
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Thanks.
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We've got a problem.
What?
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00:03:30,904 --> 00:03:32,739
Walsh just filed
a last-minute motion.
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He wants an unavailable
witness instruction
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00:03:34,608 --> 00:03:36,042
given to the jury.
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00:03:36,076 --> 00:03:37,811
Who's the unavailable
witness?
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00:03:37,844 --> 00:03:38,945
Bobby.
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00:03:42,182 --> 00:03:44,685
We have to prove guilt
beyond all reasonable doubt.
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That's our burden.
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00:03:45,786 --> 00:03:47,488
And certainly,
Bobby Donnell has the right
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00:03:47,521 --> 00:03:50,691
not to testify,
but if he exercises that right,
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00:03:50,724 --> 00:03:53,394
the jury should know
it's not the prosecution's fault
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00:03:53,427 --> 00:03:55,629
for failing to produce
a single witness.
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00:03:55,662 --> 00:03:56,763
That's not what
he's trying to do.
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00:03:56,797 --> 00:03:58,399
He's waving a flag for the jury.
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00:03:58,432 --> 00:04:00,166
"Hey, Bobby Donnell's
not talking.
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He must be hiding something."
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00:04:02,068 --> 00:04:04,204
What's your proposed
instruction, Mr. Walsh?
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00:04:05,706 --> 00:04:08,174
"Mr. Donnell was present
during the shooting.
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00:04:08,208 --> 00:04:10,744
The defense,
but not the prosecution,
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00:04:10,777 --> 00:04:12,546
could have called Mr. Donnell
as a witness.
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00:04:12,579 --> 00:04:14,481
They did not do so.
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00:04:14,515 --> 00:04:17,651
You may infer that,
had Mr. Donnell been called,
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00:04:17,684 --> 00:04:21,221
he would've given testimony
unfavorable to Ms. Dole."
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00:04:21,254 --> 00:04:22,456
That is outrageous.
89
00:04:22,489 --> 00:04:24,425
It renders spousal privilege
meaningless.
90
00:04:24,458 --> 00:04:26,059
Mr. Young--
He brought this motion
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00:04:26,092 --> 00:04:27,093
for them, the media.
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00:04:27,127 --> 00:04:28,862
He wants it in print
that Bobby Donnell
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00:04:28,895 --> 00:04:29,896
had something to hide.
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00:04:29,930 --> 00:04:31,164
If I wanted to talk
to the media,
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I would've went right
to the morning news shows,
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00:04:32,933 --> 00:04:33,700
like you people.
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00:04:33,734 --> 00:04:35,235
All right.
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00:04:37,137 --> 00:04:39,306
Mr. Young, Bobby Donnell
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00:04:39,340 --> 00:04:41,041
is on your witness list.
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00:04:41,074 --> 00:04:43,844
If you plan to call him,
this motion is moot.
101
00:04:43,877 --> 00:04:46,547
We shouldn't have to declare
our hand now.
102
00:04:46,580 --> 00:04:48,248
It's our right to call him.
103
00:04:48,282 --> 00:04:50,150
It's our right not to.
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00:04:50,183 --> 00:04:52,252
You're not the only one
with rights.
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00:04:52,286 --> 00:04:55,255
Bobby Donnell was the only
one in the room.
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00:04:55,289 --> 00:04:57,724
If he doesn't want
to testify, fine.
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00:04:57,758 --> 00:04:59,626
But the jury shouldn't punish
the Commonwealth
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00:04:59,660 --> 00:05:00,994
for his unavailability.
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00:05:03,530 --> 00:05:05,266
Mr. Walsh,
your motion is denied.
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We are adjourned until 1:00,
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at which point,
trial will start.
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Come back here with evidence.
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Leave the nonsense
at the door.
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(gavel bangs)
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Both sides are expected
to open today.
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Tomorrow, the prosecution
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00:05:20,314 --> 00:05:21,915
will call its first witness.
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We're set?
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Okay.
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00:05:28,822 --> 00:05:29,756
YOUNG: Bobby,
something to think about,
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the motion they just brought?
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00:05:31,625 --> 00:05:33,259
It may have been
just for the press,
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00:05:33,294 --> 00:05:34,895
but Walsh could've
had another motive.
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00:05:35,629 --> 00:05:36,497
Which is?
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00:05:36,530 --> 00:05:37,998
To force you to take
the stand.
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00:05:38,632 --> 00:05:39,600
If they got that instruction,
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00:05:39,633 --> 00:05:41,468
we would have no choice
but to call you,
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00:05:41,502 --> 00:05:43,504
and it makes me nervous
that he wants you up there.
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00:05:43,537 --> 00:05:46,507
Or he wants us to think
that so I don't testify.
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Shouldn't we go?
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I'm staying here
with Rebecca.
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You'll look more
sympathetic, Lindsay,
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00:05:51,278 --> 00:05:52,045
without an army.
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00:05:52,078 --> 00:05:53,347
We went over this, Eugene.
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00:05:53,880 --> 00:05:55,482
I know, I'm just going
over it again.
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00:05:55,516 --> 00:05:56,483
Why?
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Because I want so much
to be in that room,
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and I want you to know that.
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00:06:07,928 --> 00:06:09,296
We all love you.
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Every one of us.
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And whether we're here
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or in there,
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00:06:16,537 --> 00:06:17,771
we're with you.
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00:06:24,411 --> 00:06:26,212
And we're ready for this.
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00:06:32,085 --> 00:06:36,022
(indistinct shouting)
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I'm gonna let you in
on a little secret,
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00:06:44,431 --> 00:06:46,367
I'm glad Lawrence O'Malley
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took three in the chest.
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The man, as you'll hear,
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was an accused murderer.
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A cannibal.
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00:06:56,343 --> 00:06:58,545
The politically correct
term for him
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would be "damaged,"
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00:07:01,648 --> 00:07:03,284
and a part of me thinks
Lindsay Dole
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did us all a favor.
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I would've liked
to have shot him
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00:07:08,221 --> 00:07:09,623
but I wouldn't have.
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00:07:10,391 --> 00:07:12,025
Nor would any of you,
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because we have a law
against revenge killings.
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00:07:15,929 --> 00:07:18,932
There are rules against
firing three bullets
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point-blank
into an unarmed man.
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It's called murder.
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The evidence will show
that the defendant
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00:07:27,841 --> 00:07:31,412
executed Lawrence O'Malley,
simple as that.
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She just shot him dead
in cold blood.
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As viscerally satisfying
as that may be,
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this was first-degree homicide.
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It was murder.
169
00:08:01,675 --> 00:08:04,878
Lindsay Dole
doesn't even remember
170
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shooting Lawrence O'Malley.
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That moment
is completely blacked out,
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and the evidence will show
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that her brain
quite likely went black
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before she pulled the trigger.
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Three years ago,
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Lindsay Dole was stabbed
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three times by a client.
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She nearly died.
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Last year,
she was stalked and threatened
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00:08:33,674 --> 00:08:37,278
by a serial killer
who was also a client.
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00:08:37,878 --> 00:08:40,814
Here, after defending
Lawrence O'Malley
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from multiple killings,
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she was stalked by him.
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He threatened to kill her.
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He showed up at her door
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in violation
of a restraining order,
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entered her house,
and this time--this time,
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Lindsay snapped.
189
00:09:00,033 --> 00:09:02,803
All of those clients
came back into her head.
190
00:09:02,836 --> 00:09:06,039
They were all personified
by Lawrence O'Malley,
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standing in her house,
threatening to kill her,
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and this time she just snapped.
193
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By the way,
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if Lindsay hadn't snapped,
195
00:09:20,387 --> 00:09:21,988
she'd be dead now.
196
00:09:24,124 --> 00:09:25,559
No question.
197
00:09:45,879 --> 00:09:47,514
WALSH: You were representing
the victim.
198
00:09:47,548 --> 00:09:49,816
McGONIGAL: Yes.
The defendant was trying
199
00:09:49,850 --> 00:09:51,918
to have Mr. O'Malley
civilly committed.
200
00:09:51,952 --> 00:09:54,955
I was acting
as Mr. O'Malley's counsel.
201
00:09:54,988 --> 00:09:56,923
What was the disposition
of that motion?
202
00:09:56,957 --> 00:09:58,659
The petition was denied.
203
00:09:58,692 --> 00:10:00,861
Mr. O'Malley
was not committed.
204
00:10:00,894 --> 00:10:02,195
And Ms. McGonigal,
205
00:10:02,228 --> 00:10:04,331
what happened after
the judge made her ruling?
206
00:10:04,365 --> 00:10:07,601
Well, Ms. Dole was not happy
with the outcome.
207
00:10:07,634 --> 00:10:10,203
She then approached
Mr. O'Malley.
208
00:10:10,236 --> 00:10:12,373
Did she do
or say anything?
209
00:10:12,406 --> 00:10:14,441
Yes. She said to him,
210
00:10:14,475 --> 00:10:16,443
"Come near me, I'll kill you."
211
00:10:16,943 --> 00:10:18,779
WALSH: Were those
her exact words?
212
00:10:18,812 --> 00:10:21,448
Those were her exact words.
213
00:10:21,482 --> 00:10:22,583
WALSH: Thank you.
214
00:10:23,484 --> 00:10:25,619
You said my client
215
00:10:25,652 --> 00:10:28,322
brought the motion to have
Mr. O'Malley committed.
216
00:10:28,355 --> 00:10:29,556
Wasn't that motion brought
217
00:10:29,590 --> 00:10:31,358
by the Commonwealth
of Massachusetts?
218
00:10:31,392 --> 00:10:34,695
Your client is close friends
with Helen Gamble,
219
00:10:34,728 --> 00:10:35,796
a district attorney.
220
00:10:35,829 --> 00:10:37,664
Who brought the motion,
Ms. McGonigal?
221
00:10:37,698 --> 00:10:38,565
Lindsay Dole,
222
00:10:38,599 --> 00:10:40,534
or the Commonwealth
of Massachusetts?
223
00:10:40,567 --> 00:10:42,135
Technically, the state.
224
00:10:42,168 --> 00:10:44,471
Did Mr. Walsh ask you
to leave that part out?
225
00:10:44,505 --> 00:10:46,473
Objection.
WEST: Sustained.
226
00:10:46,507 --> 00:10:48,809
FRUTT: You testified
that my client
227
00:10:48,842 --> 00:10:51,211
was "not happy"
by the ruling.
228
00:10:51,244 --> 00:10:53,647
She was a little more
than "not happy,"
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00:10:53,680 --> 00:10:54,715
wasn't she?
Well--
230
00:10:54,748 --> 00:10:56,149
FRUTT: She jumped up in court
231
00:10:56,182 --> 00:10:57,718
and called the judge crazy.
232
00:10:57,751 --> 00:10:59,553
Did you not hear that?
I heard it.
233
00:10:59,586 --> 00:11:01,488
FRUTT: As far as courtroom
decorum goes,
234
00:11:01,522 --> 00:11:02,923
she was out of control,
wasn't she?
235
00:11:02,956 --> 00:11:04,625
I'm not going to have you
put the words
236
00:11:04,658 --> 00:11:06,860
"out of control"
in my mouth, counsel.
237
00:11:06,893 --> 00:11:08,695
FRUTT: Did it get to a point
where the judge
238
00:11:08,729 --> 00:11:10,331
had to threaten
Ms. Dole with contempt?
239
00:11:10,364 --> 00:11:12,399
That's an interpretation.
240
00:11:12,433 --> 00:11:14,535
The judge never used
the word "contempt."
241
00:11:14,568 --> 00:11:16,136
I see.
242
00:11:16,169 --> 00:11:19,773
So, it would be
your interpretation
243
00:11:19,806 --> 00:11:21,908
that Lindsay
was "not happy"?
244
00:11:22,409 --> 00:11:25,011
Yes.
Thank you.
245
00:11:28,181 --> 00:11:28,949
By the way,
246
00:11:29,983 --> 00:11:33,086
in your opposition
to Mr. O'Malley's commitment,
247
00:11:33,119 --> 00:11:35,622
you argued that,
instead of incarceration,
248
00:11:35,656 --> 00:11:37,491
Mr. O'Malley
should receive treatment,
249
00:11:37,524 --> 00:11:39,225
did you not?
Yes.
250
00:11:39,259 --> 00:11:40,427
FRUTT:
And as one vested
251
00:11:40,461 --> 00:11:42,696
in safeguarding
his interests,
252
00:11:42,729 --> 00:11:44,130
did you take any steps
253
00:11:44,164 --> 00:11:45,999
to see to it
that he got that treatment?
254
00:11:46,032 --> 00:11:48,134
I was vested
in safeguarding
255
00:11:48,168 --> 00:11:49,870
his legal interests.
256
00:11:49,903 --> 00:11:51,738
FRUTT: You stood
before the court,
257
00:11:51,772 --> 00:11:53,774
opposed to his
being committed,
258
00:11:53,807 --> 00:11:56,610
said, "Let's get
him treatment,"
259
00:11:56,643 --> 00:11:59,012
and after the ruling,
you just said, "Goodbye,"
260
00:11:59,045 --> 00:12:01,081
doing nothing to help him
get the treatment?
261
00:12:02,048 --> 00:12:03,984
Is it because you really didn't
think he needed the treatment,
262
00:12:04,017 --> 00:12:05,952
or that you just
couldn't be bothered?
263
00:12:05,986 --> 00:12:07,521
Objection!
FRUTT: No, I am sorry,
264
00:12:07,554 --> 00:12:10,090
but I will not conceal
my disgust here.
265
00:12:10,123 --> 00:12:12,826
Mr. O'Malley might not be dead
had this witness
266
00:12:12,859 --> 00:12:13,894
done her job.
Objection!
267
00:12:13,927 --> 00:12:15,128
FRUTT: You kept him
on the street,
268
00:12:15,161 --> 00:12:16,397
you took your fee,
269
00:12:16,430 --> 00:12:17,898
and you did nothing!
Objection!
270
00:12:17,931 --> 00:12:19,232
Ms. Frutt!
FRUTT: Well, at least
271
00:12:19,266 --> 00:12:21,468
you make
for a great witness.
272
00:12:21,502 --> 00:12:22,803
WEST: Ms. Frutt,
273
00:12:22,836 --> 00:12:25,639
you are one remark away
from a jail cell.
274
00:12:25,672 --> 00:12:28,609
(music playing)
275
00:12:37,918 --> 00:12:39,052
Did I go too far?
276
00:12:39,520 --> 00:12:40,787
DONNELL: I don't think so.
277
00:12:40,821 --> 00:12:41,822
We had to pop her.
278
00:12:41,855 --> 00:12:42,823
She took a side,
279
00:12:42,856 --> 00:12:43,890
we had to pop her.
280
00:12:45,492 --> 00:12:46,327
Who's up next?
281
00:12:47,093 --> 00:12:48,829
They go to forensics now.
282
00:12:49,563 --> 00:12:50,864
ILLICH:
The blood-spatter evidence
283
00:12:50,897 --> 00:12:52,599
shows the victim
to be here,
284
00:12:52,633 --> 00:12:55,669
approximately 15 feet
from the shooter.
285
00:12:55,702 --> 00:12:57,237
Mr. Donnell
would've been here.
286
00:12:57,271 --> 00:12:58,439
WALSH:
you can tell that from...
287
00:12:58,472 --> 00:13:00,073
The blood-spatter
on his clothing.
288
00:13:00,106 --> 00:13:01,642
WALSH:
So, he would've been between
289
00:13:01,675 --> 00:13:02,843
the victim
and the defendant?
290
00:13:02,876 --> 00:13:04,010
Correct.
291
00:13:04,044 --> 00:13:05,579
Any blood
on Ms. Dole's clothing?
292
00:13:05,612 --> 00:13:07,548
ILLICH:
No, she was too far away.
293
00:13:07,581 --> 00:13:09,950
WALSH: And, Mr. Illich,
were you able to determine
294
00:13:09,983 --> 00:13:11,818
if Mr. O'Malley was moving
295
00:13:11,852 --> 00:13:12,953
at the time he was shot?
296
00:13:12,986 --> 00:13:15,356
He was either
standing still
297
00:13:15,389 --> 00:13:16,790
or moving backwards.
298
00:13:17,123 --> 00:13:18,459
WALSH:
How can you tell that, sir?
299
00:13:18,492 --> 00:13:19,993
ILLICH: The trajectory
of the wounds.
300
00:13:20,026 --> 00:13:24,030
Also, if he'd been
moving forward at all,
301
00:13:24,064 --> 00:13:25,899
his momentum likely
would've caused him
302
00:13:25,932 --> 00:13:27,701
to fall facedown.
303
00:13:28,068 --> 00:13:30,036
He was found on his back.
304
00:13:30,704 --> 00:13:33,674
Is it your testimony
that it would be impossible
305
00:13:33,707 --> 00:13:35,542
for the victim
to have been moving forward
306
00:13:35,576 --> 00:13:36,743
at the time he was shot?
307
00:13:36,777 --> 00:13:39,245
Not impossible.
I'm speaking in likelihoods.
308
00:13:39,813 --> 00:13:41,582
I'm looking
at the positioning here.
309
00:13:41,615 --> 00:13:43,850
Bobby Donnell
was close to being
310
00:13:43,884 --> 00:13:45,118
in the line of fire,
wasn't he?
311
00:13:45,151 --> 00:13:47,288
Well, no.
He was off to the side,
312
00:13:47,321 --> 00:13:48,822
so the line of fire--
313
00:13:48,855 --> 00:13:51,692
Well, he was between
the shooter and the victim.
314
00:13:51,725 --> 00:13:53,427
Not exactly
a safe place to be,
315
00:13:53,460 --> 00:13:54,127
is it, Mr. Illich?
316
00:13:55,195 --> 00:13:56,997
No.
And yet,
317
00:13:57,030 --> 00:13:58,499
his wife fired.
318
00:13:59,366 --> 00:14:01,768
Did it make you wonder
whether she had just snapped?
319
00:14:01,802 --> 00:14:03,937
Objection.
I'm only asking
320
00:14:03,970 --> 00:14:06,039
if the expert
crime analyst wondered.
321
00:14:06,072 --> 00:14:06,973
I'll allow it.
322
00:14:08,141 --> 00:14:09,209
Did you wonder?
323
00:14:09,242 --> 00:14:11,978
I just analyze
bloodstain patterns.
324
00:14:12,012 --> 00:14:14,047
I don't get into
mental states.
325
00:14:14,080 --> 00:14:16,683
FRUTT: You're up here
to convince the jury
326
00:14:16,717 --> 00:14:19,185
that the victim
wasn't moving forward.
327
00:14:19,219 --> 00:14:21,187
The only relevance of that,
I'd assume,
328
00:14:21,221 --> 00:14:23,990
goes to whether Lindsay
thought she was in danger.
329
00:14:24,024 --> 00:14:26,293
That goes to her
mental state,
330
00:14:26,327 --> 00:14:27,260
does it not?
331
00:14:27,294 --> 00:14:28,729
Indirectly, yes.
332
00:14:28,762 --> 00:14:30,797
FRUTT:
Indirectly? Mr. Illich,
333
00:14:30,831 --> 00:14:32,966
can you make
a representation here
334
00:14:32,999 --> 00:14:35,636
as to Ms. Dole's
mental state or not?
335
00:14:35,669 --> 00:14:37,170
I'm not going to make
336
00:14:37,203 --> 00:14:39,072
any such representation.
337
00:14:39,640 --> 00:14:40,874
Thank you.
338
00:14:43,610 --> 00:14:44,878
DOLE:
Yes, it is an emergency.
339
00:14:44,911 --> 00:14:46,079
There's an intruder
in my house.
340
00:14:46,112 --> 00:14:47,281
MAN: Where is he?
341
00:14:47,314 --> 00:14:48,715
DOLE: His name is
Lawrence O'Malley.
342
00:14:48,749 --> 00:14:50,551
He's here in violation
of a restraining order.
343
00:14:50,584 --> 00:14:51,618
He's dangerous,
344
00:14:51,652 --> 00:14:53,620
and I need for youto send somebody now.
345
00:14:53,654 --> 00:14:55,456
The address is
1312 Beacon St.,
346
00:14:55,489 --> 00:14:57,057
apartment 4.
347
00:14:58,224 --> 00:14:59,426
WALSH:
That sounded pretty calm.
348
00:14:59,460 --> 00:15:00,394
Objection!
349
00:15:00,427 --> 00:15:01,428
Sustained.
350
00:15:01,962 --> 00:15:03,764
WALSH: Mr. Forbes,
in the background,
351
00:15:03,797 --> 00:15:05,332
we can hear
other voices.
352
00:15:05,366 --> 00:15:07,334
FORBES: Yes, those voices
were identified
353
00:15:07,368 --> 00:15:08,835
as belonging
to Mr. Donnell
354
00:15:08,869 --> 00:15:10,471
and the victim,
Lawrence O'Malley.
355
00:15:10,504 --> 00:15:12,806
Were you able to detect
what they were saying?
356
00:15:12,839 --> 00:15:15,141
Yes. We were able
to both isolate
357
00:15:15,175 --> 00:15:16,643
and enhance
their conversation.
358
00:15:16,677 --> 00:15:17,978
Okay.
359
00:15:19,580 --> 00:15:20,814
DOLE:
Yes, it is an emergency.
360
00:15:20,847 --> 00:15:22,148
There's an intruder
in my house.
361
00:15:22,816 --> 00:15:23,817
DONNELL: What's wrong?
362
00:15:25,251 --> 00:15:27,153
O'MALLEY: I promise, I'm nothere to cause anybody any harm.
363
00:15:27,187 --> 00:15:29,890
I just need to talk
to her, please.
364
00:15:31,525 --> 00:15:33,093
That's when she hung up.
365
00:15:33,527 --> 00:15:35,061
Thank you, Mr. Forbes.
366
00:15:38,732 --> 00:15:41,402
FRUTT: You have no idea
what transpired
367
00:15:41,435 --> 00:15:42,469
after she hung up?
368
00:15:42,503 --> 00:15:44,204
Well, I know she shot him.
369
00:15:44,237 --> 00:15:46,172
FRUTT: Yes. Between the time
370
00:15:46,206 --> 00:15:48,509
she hung up
and she fired,
371
00:15:48,542 --> 00:15:51,378
you don't know
what was said or what happened.
372
00:15:51,412 --> 00:15:52,212
Correct?
373
00:15:52,746 --> 00:15:53,747
Correct.
374
00:15:57,017 --> 00:15:59,219
The defense is expected
to begin tomorrow
375
00:15:59,252 --> 00:16:01,254
with their psychiatric
evidence.
376
00:16:01,288 --> 00:16:03,357
Dr. Emily Fink
is up first.
377
00:16:03,390 --> 00:16:05,191
She's considered to be
one of the nation's
378
00:16:05,225 --> 00:16:06,259
leading authorities
379
00:16:06,293 --> 00:16:08,329
on battered
woman syndrome.
380
00:16:15,402 --> 00:16:16,637
Ellenor,
381
00:16:17,304 --> 00:16:18,672
you're doing great.
382
00:16:20,374 --> 00:16:22,309
You haven't really asked
for my advice,
383
00:16:22,343 --> 00:16:24,010
but could I give you some?
384
00:16:26,547 --> 00:16:28,515
Lindsay killed
an unarmed man.
385
00:16:28,549 --> 00:16:30,250
Science cannot
explain that.
386
00:16:30,284 --> 00:16:31,618
Only Lindsay can.
387
00:16:32,719 --> 00:16:35,489
Battered woman syndrome,
that's your device.
388
00:16:35,522 --> 00:16:37,924
It entitles the jury
to set her free,
389
00:16:37,958 --> 00:16:39,125
if they want to.
390
00:16:40,260 --> 00:16:41,428
They won't want to
391
00:16:41,462 --> 00:16:43,797
unless they hear
from Lindsay.
392
00:16:44,465 --> 00:16:45,566
And Bobby, too.
393
00:16:45,599 --> 00:16:48,802
Eugene thinks Walsh
is gunning for Bobby.
394
00:16:48,835 --> 00:16:49,670
GAMBLE: He may be.
395
00:16:50,103 --> 00:16:51,705
Look, I know you guys
know this,
396
00:16:51,738 --> 00:16:53,106
but the burden of proof
397
00:16:53,139 --> 00:16:54,941
isn't on
the prosecution here.
398
00:16:54,975 --> 00:16:57,411
The burden of an excuse
399
00:16:57,444 --> 00:16:58,712
is on you.
400
00:17:03,684 --> 00:17:05,852
FINK:
People mistakenly associate
401
00:17:05,886 --> 00:17:08,855
battered woman syndrome
with revenge.
402
00:17:08,889 --> 00:17:09,790
It isn't that.
403
00:17:09,823 --> 00:17:11,124
What is it, doctor?
404
00:17:11,157 --> 00:17:11,958
FINK: Well, mostly,
405
00:17:11,992 --> 00:17:14,395
it's an extreme
stress disorder.
406
00:17:14,428 --> 00:17:16,263
It's a mental disorder,
407
00:17:16,297 --> 00:17:18,999
which can cause the sufferer
to lose mental control
408
00:17:19,032 --> 00:17:20,434
over his or her actions.
409
00:17:20,467 --> 00:17:22,669
FRUTT: Did you examine
Lindsay Dole, doctor?
410
00:17:22,703 --> 00:17:24,137
Yes, I did.
411
00:17:24,905 --> 00:17:27,541
This woman was the victim
of repeated abuse,
412
00:17:27,574 --> 00:17:29,643
the abusers being
her own clients.
413
00:17:30,110 --> 00:17:31,945
She had buried
a lot of fear.
414
00:17:31,978 --> 00:17:33,447
She had been in denial.
415
00:17:33,480 --> 00:17:36,583
In reality, she had
no coping mechanisms
416
00:17:36,617 --> 00:17:37,951
with which to handle
417
00:17:37,984 --> 00:17:39,453
Mr. O'Malley's threats.
418
00:17:39,486 --> 00:17:41,722
At the moment
she shot him--
419
00:17:41,755 --> 00:17:43,557
She doesn't remember it.
420
00:17:44,190 --> 00:17:47,260
She suffers from
a psychological amnesia.
421
00:17:47,294 --> 00:17:49,896
She's walled it off
from herself
422
00:17:49,930 --> 00:17:52,866
as a way of psychologically
protecting herself.
423
00:17:54,401 --> 00:17:56,270
You say you examined
Lindsay Dole.
424
00:17:56,303 --> 00:17:56,970
For how long?
425
00:17:57,304 --> 00:17:58,472
Several hours.
426
00:17:58,505 --> 00:18:00,173
WALSH: And before
this examination,
427
00:18:00,206 --> 00:18:01,675
how long had you known
Ms. Dole?
428
00:18:01,708 --> 00:18:03,277
I didn't know her.
429
00:18:03,310 --> 00:18:04,511
WALSH: Is it your testimony
430
00:18:04,545 --> 00:18:06,747
Ms. Dole didn't know
what she was doing
431
00:18:06,780 --> 00:18:07,881
when she pulled
that trigger?
432
00:18:07,914 --> 00:18:09,583
My testimony is,
433
00:18:09,616 --> 00:18:11,552
given her history
of abuse,
434
00:18:11,585 --> 00:18:14,288
her fear or apprehension
was reasonable.
435
00:18:14,321 --> 00:18:16,390
But she likely knew
what she was doing.
436
00:18:16,423 --> 00:18:19,025
I don't know
whether she did or didn't.
437
00:18:19,059 --> 00:18:21,395
Nor does she, because
she's blocked it out.
438
00:18:21,428 --> 00:18:23,697
WALSH: Yes,
the psychological amnesia.
439
00:18:23,730 --> 00:18:26,700
Have you ever known
extreme guilt
440
00:18:26,733 --> 00:18:28,469
to trigger
this kind of amnesia?
441
00:18:28,969 --> 00:18:30,371
Yes.
WALSH: In fact, my experts
442
00:18:30,404 --> 00:18:32,673
tell me
psychological amnesia
443
00:18:32,706 --> 00:18:34,808
would be more common
in people who commit murder
444
00:18:34,841 --> 00:18:37,043
than people who act
in self-defense.
445
00:18:37,077 --> 00:18:39,313
Each case is different, and--
446
00:18:39,346 --> 00:18:40,180
WALSH: I appreciate that,
447
00:18:40,213 --> 00:18:42,349
but statistically,
448
00:18:42,383 --> 00:18:44,418
what's the more common cause
449
00:18:44,451 --> 00:18:46,320
of psychological amnesia,
450
00:18:46,353 --> 00:18:48,822
murder or
justified self-defense?
451
00:18:48,855 --> 00:18:51,057
I'm not comfortable
speaking in statistics.
452
00:18:51,458 --> 00:18:53,327
Let me ask again.
453
00:18:54,728 --> 00:18:56,263
What is the more
common cause
454
00:18:56,297 --> 00:18:58,499
of psychological amnesia?
455
00:18:58,532 --> 00:19:01,902
Murder or
justified self-defense?
456
00:19:03,570 --> 00:19:04,705
Murder.
457
00:19:04,738 --> 00:19:05,972
Thank you, doctor.
458
00:19:06,740 --> 00:19:09,676
(music playing)
459
00:19:23,056 --> 00:19:25,125
I'm gonna go next,
and then we'll finish with you.
460
00:19:25,158 --> 00:19:26,627
Okay.
461
00:19:26,660 --> 00:19:28,362
DONNELL: We need to study
the transcripts
462
00:19:28,395 --> 00:19:29,129
of our statements.
463
00:19:29,162 --> 00:19:30,397
I've studied it.
464
00:19:31,498 --> 00:19:33,400
It's a good idea
to go over it again.
465
00:19:33,434 --> 00:19:34,401
We don't want
to get caught
466
00:19:34,435 --> 00:19:35,936
in so much
as a discrepancy.
467
00:19:35,969 --> 00:19:37,971
I've studied it, Bobby.
They're not gonna catch me.
468
00:19:38,605 --> 00:19:39,573
Study yours.
469
00:19:44,678 --> 00:19:46,280
It's going very well.
470
00:19:46,980 --> 00:19:47,781
You do know that.
471
00:19:48,549 --> 00:19:49,450
I do.
472
00:19:54,588 --> 00:19:55,722
I'm gonna study
my statement.
473
00:19:56,457 --> 00:19:57,791
Good.
474
00:19:57,824 --> 00:19:59,159
(door opens)
475
00:20:06,933 --> 00:20:09,736
I consider myself friends
with both Lindsay and Bobby.
476
00:20:10,271 --> 00:20:11,938
Between the two of them,
477
00:20:11,972 --> 00:20:14,308
I think Bobby is more likely
to kill somebody.
478
00:20:14,808 --> 00:20:16,310
Why are they even
talking to him?
479
00:20:16,343 --> 00:20:17,978
JOEY:
I'm not saying he did it.
480
00:20:18,011 --> 00:20:20,881
I just know he's gallant.
481
00:20:20,914 --> 00:20:23,884
And that he'd take the fall
for his wife, if necessary.
482
00:20:24,285 --> 00:20:25,886
I just have my doubts.
483
00:20:25,919 --> 00:20:28,589
Reasonable doubts.
484
00:20:30,491 --> 00:20:32,158
I hope that helps.
485
00:20:34,695 --> 00:20:36,029
DONNELL:
She started to unravel
486
00:20:36,062 --> 00:20:37,898
even during the trial.
487
00:20:37,931 --> 00:20:39,400
FRUTT:
When you say "unravel"--
488
00:20:39,433 --> 00:20:41,435
DONNELL: She started having
emotional tantrums,
489
00:20:41,468 --> 00:20:43,169
to the point
where she said
490
00:20:43,203 --> 00:20:45,272
she wanted to lose
the trial.
491
00:20:45,306 --> 00:20:47,173
FRUTT: The trial
in which you were defending
492
00:20:47,207 --> 00:20:48,375
Lawrence O'Malley?
493
00:20:48,409 --> 00:20:51,512
DONNELL: Yes. He kept staring
at her in court,
494
00:20:51,545 --> 00:20:53,414
saying how he'd take her
to heaven,
495
00:20:53,447 --> 00:20:55,316
and she started
to come undone.
496
00:20:55,816 --> 00:20:58,084
We were all worried
about her.
497
00:20:58,819 --> 00:21:00,086
FRUTT: At some point,
498
00:21:00,120 --> 00:21:02,122
you took out a restraining order
against this man.
499
00:21:02,155 --> 00:21:04,057
Yes, but it didn't matter.
500
00:21:04,090 --> 00:21:05,959
He just kept coming.
501
00:21:06,493 --> 00:21:07,461
FRUTT: Turning your attention
502
00:21:07,494 --> 00:21:08,495
back to the night
in question,
503
00:21:08,529 --> 00:21:10,464
can you please tell us
what happened?
504
00:21:10,831 --> 00:21:12,198
I was in the bedroom.
505
00:21:12,232 --> 00:21:13,667
I heard Lindsay
scream for me.
506
00:21:13,700 --> 00:21:16,136
I came running out--
there he was.
507
00:21:16,169 --> 00:21:18,138
O'Malley?
DONNELL: Yes.
508
00:21:18,171 --> 00:21:19,873
I asked him to leave,
he wouldn't.
509
00:21:19,906 --> 00:21:21,975
I threatened
to throw him out,
510
00:21:22,008 --> 00:21:24,378
and then,
he just turned.
511
00:21:25,312 --> 00:21:26,480
He turned?
512
00:21:26,513 --> 00:21:28,048
DONNELL: He was a paranoid
schizophrenic
513
00:21:28,081 --> 00:21:30,016
who suffered from
psychotic breaks,
514
00:21:30,050 --> 00:21:32,886
and it looked like
he was becoming psychotic here.
515
00:21:32,919 --> 00:21:35,656
Then he looked at Lindsay
and told her she was in danger,
516
00:21:35,689 --> 00:21:38,459
told her the other man
was coming for her.
517
00:21:38,925 --> 00:21:39,826
FRUTT: What did you do?
518
00:21:39,860 --> 00:21:41,295
DONNELL:
I kept asking him to leave.
519
00:21:41,328 --> 00:21:42,563
I didn't want
to antagonize him,
520
00:21:42,596 --> 00:21:44,365
because I knew
that's what makes him snap,
521
00:21:44,398 --> 00:21:46,867
but it was as if
he didn't even hear me.
522
00:21:47,301 --> 00:21:49,503
He had this
crazed look,
523
00:21:49,536 --> 00:21:51,372
like he was just going
to explode or something.
524
00:21:51,805 --> 00:21:55,075
And then,
he threatened her again.
525
00:21:58,111 --> 00:22:00,180
And she just shot the gun.
526
00:22:01,815 --> 00:22:02,449
I looked at her.
527
00:22:02,483 --> 00:22:03,484
She..
528
00:22:03,950 --> 00:22:07,053
she had this vacant,
529
00:22:07,588 --> 00:22:09,490
dazed expression
530
00:22:10,357 --> 00:22:11,692
as she fired.
531
00:22:13,294 --> 00:22:14,361
She put the gun down,
532
00:22:15,962 --> 00:22:17,631
and then she went to her room.
533
00:22:18,432 --> 00:22:19,700
And what did you do?
534
00:22:19,733 --> 00:22:21,468
I called the police.
535
00:22:22,403 --> 00:22:24,471
And then I went in
to check on Lindsay.
536
00:22:24,505 --> 00:22:27,508
She didn't even know
what happened.
537
00:22:28,074 --> 00:22:29,810
She didn't know
she had shot him.
538
00:22:30,677 --> 00:22:32,646
It seemed like she was...
539
00:22:37,351 --> 00:22:38,619
just gone.
540
00:22:40,554 --> 00:22:41,388
Thank you.
541
00:22:54,868 --> 00:22:57,804
You said your wife
started to unravel
542
00:22:57,838 --> 00:22:59,239
during the O'Malley trial.
543
00:22:59,540 --> 00:23:00,541
Yes.
544
00:23:00,574 --> 00:23:01,942
WALSH: When?
545
00:23:01,975 --> 00:23:04,177
Well, it happened
almost immediately.
546
00:23:04,210 --> 00:23:06,246
He called her "Clarice"
547
00:23:06,280 --> 00:23:07,781
and made his obsession known
548
00:23:07,814 --> 00:23:08,615
from the beginning.
549
00:23:08,649 --> 00:23:10,484
But your wife
didn't beg off.
550
00:23:10,517 --> 00:23:12,118
She continued
to interact with him
551
00:23:12,152 --> 00:23:14,355
and be his lawyer.
Yes.
552
00:23:14,388 --> 00:23:16,222
WALSH: In fact,
you even had your wife handle
553
00:23:16,256 --> 00:23:17,924
Mr. O'Malley's direct testimony.
554
00:23:17,958 --> 00:23:20,093
That was a strategic decision.
555
00:23:20,561 --> 00:23:23,397
Your wife is becoming unglued,
556
00:23:23,430 --> 00:23:26,400
but for the sake of getting
this cannibal off,
557
00:23:26,433 --> 00:23:27,801
best to let her keep going?
558
00:23:27,834 --> 00:23:29,736
DONNELL: At the point
Lindsay did her direct,
559
00:23:29,770 --> 00:23:31,872
she was still basically okay.
560
00:23:31,905 --> 00:23:34,140
It was after that she really
started to suffer.
561
00:23:34,174 --> 00:23:35,509
Did you get her to a doctor?
562
00:23:35,542 --> 00:23:36,810
I was planning to.
563
00:23:36,843 --> 00:23:38,244
You were planning to?
564
00:23:39,980 --> 00:23:41,081
You wouldn't be lying now
565
00:23:41,114 --> 00:23:42,115
to help save your wife,
566
00:23:42,148 --> 00:23:42,983
would you, Mr. Donnell?
567
00:23:43,016 --> 00:23:43,817
Objection.
568
00:23:43,850 --> 00:23:44,751
Overruled.
569
00:23:45,286 --> 00:23:46,687
I'm not lying.
570
00:23:46,720 --> 00:23:47,854
WALSH: After she shot the man,
571
00:23:47,888 --> 00:23:50,557
you said you saw "a dazed,
572
00:23:50,591 --> 00:23:52,459
vacant look in her eyes."
573
00:23:52,493 --> 00:23:53,394
DONNELL: Yes.
574
00:23:53,427 --> 00:23:54,728
WALSH: Did you tell
the police this?
575
00:23:54,761 --> 00:23:56,897
The police never asked
what she looked like.
576
00:23:56,930 --> 00:23:59,099
Isn't it true after
witnessing the event,
577
00:23:59,132 --> 00:24:01,201
you knew your wife
had committed murder?
578
00:24:01,234 --> 00:24:02,503
That is not true.
579
00:24:02,536 --> 00:24:03,570
That is not true?
580
00:24:03,604 --> 00:24:05,472
That is not true.
581
00:24:09,576 --> 00:24:11,278
WOMAN:
There's a gunshot victim?
582
00:24:11,312 --> 00:24:13,647
DONNELL: Yes. We need
an ambulance right away
583
00:24:13,680 --> 00:24:15,215
at 1312 Beacon.
584
00:24:15,248 --> 00:24:17,284
WOMAN: And who shot the man?
585
00:24:18,485 --> 00:24:20,554
DONNELL: A man has been shot.
586
00:24:20,587 --> 00:24:21,688
Please get an ambulance
587
00:24:21,722 --> 00:24:23,790
to 1312 Beacon.
588
00:24:25,091 --> 00:24:26,860
When the operator asked you,
"Who shot the man?"
589
00:24:26,893 --> 00:24:27,828
why didn't you just tell her?
590
00:24:27,861 --> 00:24:29,830
It wasn't necessary
to tell her.
591
00:24:29,863 --> 00:24:30,864
WALSH: Wasn't necessary?
592
00:24:30,897 --> 00:24:32,733
So a man is lying
on your floor
593
00:24:32,766 --> 00:24:34,034
with three gunshot wounds,
594
00:24:34,067 --> 00:24:36,537
and you're deciding
what is or isn't necessary
595
00:24:36,570 --> 00:24:38,004
to tell the police operator?
596
00:24:39,139 --> 00:24:40,407
You called the police.
597
00:24:40,974 --> 00:24:42,042
Call anybody else?
598
00:24:42,075 --> 00:24:43,510
I called Eugene Young.
599
00:24:44,010 --> 00:24:45,078
A lawyer.
600
00:24:45,111 --> 00:24:46,880
A colleague and friend.
601
00:24:46,913 --> 00:24:49,983
In fact, you huddled
with Mr. Young,
602
00:24:50,016 --> 00:24:52,586
Ms. Frutt, another colleague
and friend,
603
00:24:52,619 --> 00:24:53,820
Mr. Berluti over there,
604
00:24:53,854 --> 00:24:55,289
another colleague and friend,
605
00:24:55,322 --> 00:24:57,090
and after the huddle,
606
00:24:57,123 --> 00:24:59,225
did you tell the police
what happened?
607
00:24:59,259 --> 00:25:01,227
Objection, this goes
to privileged--
608
00:25:01,261 --> 00:25:02,996
WALSH: I'm not asking
what the colleagues
609
00:25:03,029 --> 00:25:03,930
and friends talked about.
610
00:25:05,098 --> 00:25:06,467
I'm asking whether he talked
611
00:25:06,500 --> 00:25:07,634
to the police that night.
612
00:25:08,269 --> 00:25:10,236
The objection is overruled.
613
00:25:10,271 --> 00:25:12,706
WALSH: Did you tell
the police what happened?
614
00:25:12,739 --> 00:25:14,708
My wife had to get
to a hospital.
615
00:25:14,741 --> 00:25:16,543
Did you tell the police--
616
00:25:16,577 --> 00:25:18,645
I had to be with my wife.
617
00:25:18,679 --> 00:25:20,881
WALSH: Did you consider
yourselves suspects?
618
00:25:20,914 --> 00:25:23,016
We talked to the police
the next day.
619
00:25:23,049 --> 00:25:23,884
WALSH: The next day?
620
00:25:23,917 --> 00:25:26,953
Your lawyers organized
a meeting
621
00:25:26,987 --> 00:25:28,088
at your offices,
622
00:25:28,121 --> 00:25:29,756
under your control,
623
00:25:29,790 --> 00:25:31,558
where the police
could ask questions.
624
00:25:31,592 --> 00:25:32,559
Yes.
625
00:25:32,593 --> 00:25:34,561
WALSH: Mr. Donnell,
we've heard testimony
626
00:25:34,595 --> 00:25:37,331
of another client
who terrorized your wife,
627
00:25:37,364 --> 00:25:40,133
a man by the name
of William Hinks.
628
00:25:41,167 --> 00:25:41,935
What happened to him?
629
00:25:41,968 --> 00:25:43,370
Objection! Relevance.
630
00:25:43,704 --> 00:25:44,705
Overruled.
631
00:25:45,005 --> 00:25:46,540
What happened to Mr. Hinks?
632
00:25:48,842 --> 00:25:50,143
He was killed.
633
00:25:50,176 --> 00:25:51,612
He was murdered
634
00:25:53,280 --> 00:25:55,181
by a man you did business with,
635
00:25:55,215 --> 00:25:55,882
correct?
636
00:25:55,916 --> 00:25:58,218
By a man I used to represent.
637
00:25:58,251 --> 00:26:00,220
You had a conversation
with this man.
638
00:26:00,253 --> 00:26:03,324
This man then murdered
Mr. Hinks,
639
00:26:03,357 --> 00:26:05,258
and you were arrested
for conspiracy
640
00:26:05,292 --> 00:26:06,092
to commit murder.
641
00:26:06,126 --> 00:26:07,494
I was acquitted.
642
00:26:07,528 --> 00:26:09,796
I smell a pattern,
643
00:26:09,830 --> 00:26:11,565
threaten Lindsay Dole,
644
00:26:11,598 --> 00:26:12,533
you get killed.
645
00:26:12,566 --> 00:26:13,667
Objection!
646
00:26:13,700 --> 00:26:15,336
WARREN: Sustained!
647
00:26:15,369 --> 00:26:18,339
(indistinct chatter)
648
00:26:18,372 --> 00:26:21,308
(music playing)
649
00:26:32,986 --> 00:26:35,088
YOUNG: What happened?
Bobby got picked apart
650
00:26:35,121 --> 00:26:36,790
while Ellenor sat on her hands.
651
00:26:36,823 --> 00:26:38,058
BERLUTI:
It didn't go that bad.
652
00:26:38,091 --> 00:26:39,426
The direct was fine.
653
00:26:39,460 --> 00:26:40,727
DOLE: It sucked, Jimmy.
654
00:26:40,761 --> 00:26:41,628
Okay?
655
00:26:41,662 --> 00:26:43,196
It looked like
we had something to hide.
656
00:26:43,229 --> 00:26:45,299
Bobby played it like
we had something to hide.
657
00:26:45,332 --> 00:26:46,533
They introduced the Hink's Case,
658
00:26:46,567 --> 00:26:47,734
which should
have been objected to
659
00:26:47,768 --> 00:26:48,835
as a prior bad act.
660
00:26:48,869 --> 00:26:50,103
FRUTT:
Bobby's not the defendant.
661
00:26:50,136 --> 00:26:52,172
You should've been
jumping up and down!
662
00:26:52,205 --> 00:26:53,674
Well, I'm ready
to jump now, Lindsay.
663
00:26:53,707 --> 00:26:54,641
BERLUTI: All right.
FRUTT: No,
664
00:26:54,675 --> 00:26:56,310
what do you want from us?
665
00:26:56,343 --> 00:26:58,044
DONNELL: Shut it down, Ellenor.
666
00:26:59,413 --> 00:27:03,417
What I can't get by is
in that room--
667
00:27:03,450 --> 00:27:04,918
in that room,
when you all--
668
00:27:04,951 --> 00:27:06,687
What room?
My bedroom.
669
00:27:06,720 --> 00:27:08,054
When--
670
00:27:10,524 --> 00:27:13,026
you all came
and instinctively
671
00:27:13,059 --> 00:27:15,095
you looked at this as a murder.
672
00:27:15,596 --> 00:27:18,432
You all powwowed
with strategy
673
00:27:19,533 --> 00:27:21,167
because you were
at a murder scene.
674
00:27:21,935 --> 00:27:25,038
None of you have ever
looked at this
675
00:27:25,071 --> 00:27:27,274
as self-defense
or battered woman.
676
00:27:29,042 --> 00:27:31,312
And you're doing
everything you can
677
00:27:31,845 --> 00:27:34,180
to get me acquitted,
and I am so grateful,
678
00:27:34,214 --> 00:27:34,915
I am, but...
679
00:27:37,818 --> 00:27:39,152
but in your eyes,
680
00:27:39,185 --> 00:27:40,387
your minds,
681
00:27:42,789 --> 00:27:44,190
I committed a crime.
682
00:27:46,560 --> 00:27:48,829
And maybe in mine, too.
683
00:27:51,565 --> 00:27:53,467
(voice breaking)
He had no weapon.
684
00:27:56,102 --> 00:27:57,438
He wasn't even moving,
685
00:27:57,471 --> 00:27:59,606
and I just--
he was just standing there,
686
00:27:59,640 --> 00:28:01,942
talking,
and I shot him.
687
00:28:01,975 --> 00:28:03,810
I just--I just killed him.
688
00:28:03,844 --> 00:28:06,847
(crying)
689
00:28:27,233 --> 00:28:29,336
It's okay
if you get emotional.
690
00:28:31,372 --> 00:28:32,806
That won't hurt you.
691
00:28:34,575 --> 00:28:36,943
It's important to talk
about how you feel.
692
00:28:37,511 --> 00:28:38,912
Okay.
693
00:28:40,447 --> 00:28:42,015
Obviously you can't say some
694
00:28:42,048 --> 00:28:43,650
of the things
you said yesterday.
695
00:28:45,185 --> 00:28:46,487
You can't, you know.
696
00:28:47,854 --> 00:28:48,889
Okay.
697
00:28:58,332 --> 00:28:59,433
Look at me.
698
00:29:04,305 --> 00:29:05,839
None of us--
699
00:29:07,207 --> 00:29:08,975
none of us think of you
700
00:29:09,009 --> 00:29:10,277
as a murderer.
701
00:29:11,912 --> 00:29:13,246
Because you're not.
702
00:29:14,948 --> 00:29:16,450
The lawyer part of ourselves
703
00:29:16,483 --> 00:29:17,518
kicked in that night,
704
00:29:17,551 --> 00:29:18,452
because that's who
705
00:29:18,485 --> 00:29:19,920
and what we are.
706
00:29:21,087 --> 00:29:23,290
But nobody in this office thinks
707
00:29:23,324 --> 00:29:26,159
what happened
that night was murder.
708
00:29:30,264 --> 00:29:31,332
Okay.
709
00:29:32,466 --> 00:29:33,634
You snapped.
710
00:29:36,503 --> 00:29:37,704
I was there.
711
00:29:38,539 --> 00:29:39,740
I saw it.
712
00:29:40,341 --> 00:29:42,609
You snapped.
713
00:29:46,913 --> 00:29:48,214
Okay.
714
00:29:48,248 --> 00:29:51,184
(music playing)
715
00:29:58,825 --> 00:30:01,428
You say it all started
to come back.
716
00:30:01,995 --> 00:30:04,265
Can you tell the jury
what came back?
717
00:30:06,132 --> 00:30:07,868
First, Hinks,
718
00:30:07,901 --> 00:30:09,803
'cause Hinks tried
to kill me, too.
719
00:30:10,337 --> 00:30:11,538
Hinks stalked me.
720
00:30:12,273 --> 00:30:13,840
It was first Hinks.
721
00:30:13,874 --> 00:30:16,410
I--it was Hinks first,
722
00:30:17,210 --> 00:30:18,412
then Vogelman.
723
00:30:18,779 --> 00:30:20,113
FRUTT: Vogelman?
724
00:30:20,146 --> 00:30:21,114
George Vogelman.
725
00:30:21,147 --> 00:30:21,948
He was a client.
726
00:30:21,982 --> 00:30:23,116
He stabbed me.
727
00:30:23,717 --> 00:30:24,885
He was a client.
728
00:30:24,918 --> 00:30:25,986
His, his name was George,
729
00:30:26,019 --> 00:30:27,120
and--
730
00:30:28,188 --> 00:30:29,255
he was a client.
731
00:30:30,123 --> 00:30:31,425
He stabbed me.
732
00:30:32,459 --> 00:30:33,727
Three times.
733
00:30:34,661 --> 00:30:37,964
And Mr. O'Malley brought
memories of these men back?
734
00:30:38,965 --> 00:30:40,200
First Hinks,
735
00:30:40,233 --> 00:30:41,302
then Vogelman,
736
00:30:43,737 --> 00:30:44,871
three times.
737
00:30:45,839 --> 00:30:48,241
FRUTT: Lindsay,
did you ever see a doctor
738
00:30:48,275 --> 00:30:50,176
or a therapist
to help you deal
739
00:30:50,210 --> 00:30:52,379
with the trauma
over Hinks and Vogelman?
740
00:30:52,413 --> 00:30:54,481
I did for a while,
but then I had to be okay,
741
00:30:54,515 --> 00:30:55,716
so I was okay.
742
00:30:56,450 --> 00:30:57,851
I had to be okay.
743
00:30:58,452 --> 00:30:59,753
FRUTT:
Why did you have to be okay?
744
00:30:59,786 --> 00:31:01,722
Because I'm not a victim.
745
00:31:01,755 --> 00:31:03,290
I can't be a victim.
746
00:31:03,957 --> 00:31:05,626
That's why I opened the door.
747
00:31:06,393 --> 00:31:08,462
What door?
My door.
748
00:31:08,495 --> 00:31:09,696
When he came--
749
00:31:10,531 --> 00:31:11,465
O'Malley--
750
00:31:13,166 --> 00:31:14,768
I knew it was probably him,
751
00:31:15,636 --> 00:31:18,539
but I opened my door anyway.
I wasn't gonna be a victim.
752
00:31:19,139 --> 00:31:20,774
It was my house.
753
00:31:21,508 --> 00:31:23,410
And after you opened the door?
754
00:31:23,444 --> 00:31:24,678
I killed him.
755
00:31:30,050 --> 00:31:32,853
What happened
before you killed him?
756
00:31:33,587 --> 00:31:35,289
He was there to kill me.
757
00:31:35,322 --> 00:31:37,358
He came to take me to heaven.
758
00:31:37,391 --> 00:31:38,592
That's why--
759
00:31:41,962 --> 00:31:43,864
he came to take me
to heaven.
760
00:31:44,931 --> 00:31:45,899
FRUTT: And you perceived
761
00:31:45,932 --> 00:31:47,434
what he meant was...
762
00:31:47,468 --> 00:31:49,370
He was about to kill me.
763
00:31:50,371 --> 00:31:52,373
He said "I am taking you
to heaven,
764
00:31:52,406 --> 00:31:53,507
just like--"
765
00:31:55,008 --> 00:31:56,510
that's why I said it.
766
00:31:56,543 --> 00:31:58,244
I told him, "You go on
ahead without me,"
767
00:31:58,279 --> 00:31:59,380
and then I shot him.
768
00:31:59,413 --> 00:32:00,947
Three times,
just like Vogelman.
769
00:32:00,981 --> 00:32:01,915
Three times.
770
00:32:05,085 --> 00:32:07,053
I was afraid he'd kill me,
771
00:32:08,422 --> 00:32:09,523
O'Malley.
772
00:32:09,556 --> 00:32:11,525
Vogelman did try to kill me.
773
00:32:11,558 --> 00:32:12,826
He stabbed me.
774
00:32:13,694 --> 00:32:14,628
O'Malley stabbed, too.
775
00:32:14,661 --> 00:32:16,229
That's how he killed
his victims.
776
00:32:16,262 --> 00:32:18,131
I wasn't gonna let him eat me.
777
00:32:26,573 --> 00:32:27,874
I have nothing further.
778
00:32:27,908 --> 00:32:30,877
(music playing)
779
00:32:44,124 --> 00:32:45,759
After he said,
780
00:32:46,993 --> 00:32:48,695
"I'm going to take you
to heaven,"
781
00:32:49,863 --> 00:32:53,133
you said, "You go on
ahead without me"?
782
00:32:54,701 --> 00:32:55,769
Yes.
783
00:32:56,803 --> 00:32:58,071
And then you shot him.
784
00:33:00,173 --> 00:33:01,241
Yes.
785
00:33:02,576 --> 00:33:03,744
Three times?
786
00:33:06,813 --> 00:33:07,814
Yes.
787
00:33:09,750 --> 00:33:10,617
WALSH: Thank you.
788
00:33:11,818 --> 00:33:12,886
Nothing further.
789
00:33:14,054 --> 00:33:16,990
(music playing)
790
00:33:26,733 --> 00:33:28,234
BERLUTI: I don't think,
actually,
791
00:33:28,269 --> 00:33:29,636
she hurt herself.
792
00:33:30,036 --> 00:33:31,705
She seems on the verge--
793
00:33:31,738 --> 00:33:33,173
She is.
794
00:33:33,206 --> 00:33:35,108
FRUTT: You want me to try
for a plea?
795
00:33:35,141 --> 00:33:36,743
They're not offering,
but I think--
796
00:33:36,777 --> 00:33:38,745
DONNELL: Jimmy thinks
we didn't get hurt.
797
00:33:39,913 --> 00:33:41,915
FRUTT: "You go on ahead
without me"?
798
00:33:41,948 --> 00:33:43,750
Walsh is going
to be ringing that
799
00:33:43,784 --> 00:33:44,885
like the Liberty Bell.
800
00:33:45,919 --> 00:33:47,521
BERLUTI: She looked nuts,
801
00:33:47,554 --> 00:33:49,656
which is okay
for the jury to see.
802
00:33:55,161 --> 00:33:56,363
You ready to close?
803
00:33:56,397 --> 00:33:57,664
Am I ready?
804
00:33:58,965 --> 00:34:00,834
I stayed up all night
getting ready.
805
00:34:02,369 --> 00:34:03,770
The answer is,
806
00:34:06,640 --> 00:34:08,709
I have no idea if I'm ready.
807
00:34:08,742 --> 00:34:11,077
DONNELL: You need to come
through here, Ellenor.
808
00:34:12,646 --> 00:34:15,081
You need to close big.
809
00:34:20,987 --> 00:34:23,256
It's different
than it used to be.
810
00:34:23,824 --> 00:34:26,327
Defense attorneys,
prosecutors,
811
00:34:26,360 --> 00:34:28,261
we used to be the advocates
812
00:34:28,295 --> 00:34:29,830
that stayed out of the fray.
813
00:34:30,196 --> 00:34:31,231
And though we interacted
814
00:34:31,265 --> 00:34:32,966
with murderers every day,
815
00:34:33,400 --> 00:34:36,002
we were off-limits.
816
00:34:37,237 --> 00:34:38,204
Now,
817
00:34:39,540 --> 00:34:40,407
it's different.
818
00:34:41,475 --> 00:34:42,576
Death threats are made
819
00:34:42,609 --> 00:34:44,345
against district attorneys.
820
00:34:44,378 --> 00:34:45,912
Defendants attack
821
00:34:45,946 --> 00:34:47,648
their own lawyers.
822
00:34:47,681 --> 00:34:50,517
Lindsay Dole's life
was threatened
823
00:34:50,551 --> 00:34:53,554
three times by clients.
824
00:34:53,854 --> 00:34:55,422
Stalked,
825
00:34:55,456 --> 00:34:56,890
stabbed,
826
00:34:56,923 --> 00:34:57,691
terrorized.
827
00:34:57,724 --> 00:35:00,427
She is a victim of abuse,
828
00:35:00,461 --> 00:35:02,696
and you saw firsthand
829
00:35:02,729 --> 00:35:04,898
the mental effects
during her testimony.
830
00:35:05,866 --> 00:35:08,702
Mr. Walsh began this trial
831
00:35:08,735 --> 00:35:09,670
with the presumption
832
00:35:10,537 --> 00:35:12,005
he never would've fired the gun,
833
00:35:12,038 --> 00:35:14,240
and neither would any of you.
834
00:35:14,875 --> 00:35:16,577
First off, really?
835
00:35:17,444 --> 00:35:19,380
A serial killer,
836
00:35:19,413 --> 00:35:22,616
who strikes so fast
and unexpectedly,
837
00:35:22,649 --> 00:35:24,485
that has to be handcuffed
838
00:35:24,518 --> 00:35:27,153
and muzzled at his own trial,
839
00:35:27,187 --> 00:35:28,722
shows up at your house
840
00:35:28,755 --> 00:35:29,923
threatening to kill you.
841
00:35:29,956 --> 00:35:31,592
Are we really sure
842
00:35:31,625 --> 00:35:33,259
none of us would've fired?
843
00:35:34,194 --> 00:35:35,228
Secondly,
844
00:35:35,796 --> 00:35:37,831
neither Mr. Walsh's
state of mind
845
00:35:37,864 --> 00:35:41,001
nor yours is an issue here.
846
00:35:41,335 --> 00:35:43,804
It's Lindsay Dole's.
847
00:35:44,571 --> 00:35:47,207
As a sufferer
of battered woman syndrome,
848
00:35:48,241 --> 00:35:51,312
as a victim of past threats
from clients,
849
00:35:51,345 --> 00:35:54,681
attempts on her life,
being stabbed,
850
00:35:55,882 --> 00:35:57,551
her mental state
851
00:35:57,584 --> 00:35:59,853
was in a much more
fragile place.
852
00:35:59,886 --> 00:36:03,457
She was ready to snap
even before...
853
00:36:03,490 --> 00:36:04,591
he rang that doorbell.
854
00:36:06,259 --> 00:36:08,562
Since this whole thing turns
855
00:36:09,062 --> 00:36:10,564
on Lindsay's state of mind,
856
00:36:12,299 --> 00:36:13,934
we put her on the stand
857
00:36:15,035 --> 00:36:17,203
in hopes that you would get
to know her a little.
858
00:36:18,071 --> 00:36:19,373
Because to know her
859
00:36:20,641 --> 00:36:22,042
is to be convinced
860
00:36:22,075 --> 00:36:23,344
of her innocence.
861
00:36:24,945 --> 00:36:26,847
But you didn't get to see...
862
00:36:26,880 --> 00:36:28,048
Lindsay today.
863
00:36:30,016 --> 00:36:31,752
You got to see a battered woman
864
00:36:32,419 --> 00:36:34,154
squeezing her hands,
865
00:36:34,187 --> 00:36:35,622
still in trauma,
866
00:36:35,656 --> 00:36:37,324
determined...
867
00:36:37,824 --> 00:36:39,593
not to be the victim
868
00:36:39,893 --> 00:36:41,395
she very much is.
869
00:36:42,629 --> 00:36:44,197
When you go back into that room,
870
00:36:44,965 --> 00:36:47,534
it is okay to ask yourself,
871
00:36:47,568 --> 00:36:50,871
"What is the moral thing
to do here?"
872
00:36:53,239 --> 00:36:55,041
It isn't...
873
00:36:55,075 --> 00:36:56,910
putting Lindsay Dole in jail.
874
00:36:59,913 --> 00:37:02,583
Please return a finding
of "not guilty."
875
00:37:06,320 --> 00:37:07,354
Thank you.
876
00:37:19,600 --> 00:37:21,335
I still get moved
877
00:37:21,368 --> 00:37:23,036
to hear lawyers
878
00:37:23,069 --> 00:37:26,039
speak passionately
about their clients.
879
00:37:26,540 --> 00:37:28,475
Somebody asked me once,
880
00:37:28,509 --> 00:37:31,177
"Don't you wish prosecutors
881
00:37:31,211 --> 00:37:32,979
got to have clients,
882
00:37:33,013 --> 00:37:34,448
somebody to fight for?"
883
00:37:35,916 --> 00:37:37,017
Well, we do.
884
00:37:37,851 --> 00:37:40,387
You people are my clients.
885
00:37:40,987 --> 00:37:42,523
The general public,
886
00:37:43,189 --> 00:37:45,158
that's who I get to fight for.
887
00:37:46,427 --> 00:37:49,630
And as much compassion
as I feel for Lindsay Dole
888
00:37:49,663 --> 00:37:50,797
and I do feel it,
889
00:37:51,698 --> 00:37:53,800
this was an act
890
00:37:53,834 --> 00:37:55,336
of vigilantism.
891
00:37:56,169 --> 00:37:57,037
Vengeance.
892
00:37:57,671 --> 00:38:00,907
She threatened
earlier in the day
893
00:38:00,941 --> 00:38:01,775
to kill him.
894
00:38:02,443 --> 00:38:04,077
She got herself a gun,
895
00:38:04,110 --> 00:38:05,546
and she did kill him.
896
00:38:07,247 --> 00:38:09,015
He was not moving toward her.
897
00:38:09,483 --> 00:38:12,319
There is no evidence
that he yelled,
898
00:38:12,353 --> 00:38:14,288
made any aggressive gesture
899
00:38:14,321 --> 00:38:16,156
or movement toward her.
900
00:38:16,189 --> 00:38:18,292
He said he would take her
to heaven,
901
00:38:18,325 --> 00:38:20,794
and she shot him three times.
902
00:38:21,528 --> 00:38:23,163
The phone calls,
903
00:38:23,196 --> 00:38:26,333
her voice was calm, composed.
904
00:38:26,733 --> 00:38:28,535
Bobby Donnell's phone call
905
00:38:28,569 --> 00:38:30,304
clearly demonstrated he knew
906
00:38:30,337 --> 00:38:31,505
his wife was culpable.
907
00:38:32,038 --> 00:38:34,908
He refused to identify her
as the shooter.
908
00:38:34,941 --> 00:38:36,076
Why would he do that
909
00:38:36,109 --> 00:38:38,545
if he thought the shooting
was justified?
910
00:38:39,079 --> 00:38:40,947
Why the immediate assembly
of lawyers?
911
00:38:41,315 --> 00:38:43,249
The refusal to speak
to police?
912
00:38:43,984 --> 00:38:46,086
This is consistent
913
00:38:46,119 --> 00:38:47,821
with the behavior
914
00:38:47,854 --> 00:38:49,089
of guilty people.
915
00:38:50,090 --> 00:38:51,892
Are these people above the law?
916
00:38:53,226 --> 00:38:55,796
If you decide they are,
917
00:38:56,863 --> 00:38:59,600
the general public isn't served.
918
00:39:00,100 --> 00:39:01,302
If we're to say
919
00:39:01,335 --> 00:39:04,170
cold-blooded homicides are okay,
920
00:39:04,204 --> 00:39:07,774
so long as there has been
a pattern of past abuse,
921
00:39:08,775 --> 00:39:11,412
the general public isn't served.
922
00:39:12,212 --> 00:39:13,714
He was unarmed.
923
00:39:14,348 --> 00:39:15,716
He was standing
924
00:39:17,150 --> 00:39:18,719
15 feet away.
925
00:39:19,586 --> 00:39:20,954
Standing still.
926
00:39:21,588 --> 00:39:22,623
And she said to him,
927
00:39:22,656 --> 00:39:24,691
"You go on ahead without me,"
928
00:39:24,725 --> 00:39:26,827
and shot him three times.
929
00:39:28,028 --> 00:39:29,129
Now, as much as the defense
930
00:39:29,162 --> 00:39:30,631
would like you to focus on
931
00:39:30,664 --> 00:39:32,866
who and what Lindsay Dole is,
932
00:39:32,899 --> 00:39:34,935
this trial isn't about that.
933
00:39:34,968 --> 00:39:37,671
It's about what she did.
934
00:39:38,439 --> 00:39:40,006
And what she did...
935
00:39:40,941 --> 00:39:41,908
was murder.
936
00:39:41,942 --> 00:39:45,746
(music playing)
937
00:39:45,779 --> 00:39:48,048
WALSH: If you condone that,
938
00:39:48,081 --> 00:39:49,716
or even excuse it,
939
00:39:51,452 --> 00:39:53,420
the general public
940
00:39:53,454 --> 00:39:55,422
isn't served.
941
00:39:56,122 --> 00:39:57,891
The law...
942
00:39:57,924 --> 00:39:59,393
isn't served.
943
00:40:01,828 --> 00:40:03,830
And I'm sorry, Ms. Frutt,
944
00:40:05,198 --> 00:40:08,034
but neither is morality.
945
00:40:10,103 --> 00:40:13,039
(music playing)
946
00:40:36,430 --> 00:40:37,631
Can I say one thing?
947
00:40:39,833 --> 00:40:40,767
I just--
948
00:40:45,205 --> 00:40:47,674
I'm sorry I got upset
at you yesterday, Ellenor.
949
00:40:48,675 --> 00:40:50,377
I think you tried
an amazing case.
950
00:40:52,879 --> 00:40:53,847
Thank you.
951
00:40:57,751 --> 00:41:00,421
(sighs)
952
00:41:00,454 --> 00:41:02,122
I'm grateful to all of you.
953
00:41:05,692 --> 00:41:07,060
And I'm also...
954
00:41:08,595 --> 00:41:10,731
so sorry that I...
955
00:41:11,398 --> 00:41:12,533
put the firm--
956
00:41:16,837 --> 00:41:18,705
(sighs)
957
00:41:18,739 --> 00:41:20,407
I'm grateful
958
00:41:20,441 --> 00:41:21,608
and I'm sorry.
959
00:41:24,645 --> 00:41:26,112
That's what I want to say.
960
00:41:38,058 --> 00:41:40,994
(music playing)
961
00:41:51,905 --> 00:41:53,840
(door opens)
962
00:41:56,910 --> 00:41:59,880
(music playing)
963
00:42:11,024 --> 00:42:12,626
WARREN: Will the defendant
please rise?
964
00:42:17,998 --> 00:42:19,566
Madam Foreperson,
965
00:42:19,600 --> 00:42:21,868
the jury has reached
a unanimous verdict?
966
00:42:23,337 --> 00:42:24,371
We have, Your Honor.
967
00:42:25,372 --> 00:42:26,273
What say you?
968
00:42:27,841 --> 00:42:30,377
"Commonwealth vs. Lindsay Dole"
969
00:42:30,744 --> 00:42:32,178
on the count of murder
970
00:42:32,212 --> 00:42:33,747
in the first degree,
971
00:42:34,581 --> 00:42:35,949
"we find the defendant,
972
00:42:36,650 --> 00:42:37,984
Lindsay Dole,
973
00:42:39,119 --> 00:42:39,786
guilty."
974
00:42:50,230 --> 00:42:51,197
WARREN: Bailiff,
975
00:42:51,231 --> 00:42:52,766
take the defendant into custody.
976
00:42:55,269 --> 00:42:56,603
Ladies and gentlemen
of the jury,
977
00:42:56,637 --> 00:42:57,971
thank you for your service.
978
00:42:58,004 --> 00:42:59,373
You're now dismissed.
979
00:43:00,173 --> 00:43:02,543
This matter is adjourned.
980
00:43:02,576 --> 00:43:03,277
(gavel bangs)
981
00:43:09,115 --> 00:43:11,051
(handcuffs click)
982
00:43:13,320 --> 00:43:16,256
(music playing)
983
00:43:45,519 --> 00:43:48,455
(music playing)
984
00:44:11,845 --> 00:44:12,846
WOMAN: You stinker!
66734
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