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- You told us that you fought in your mother's kitchen
with your brother.
Is that correct?
- Yes.
- And you would have us believe that this brother
also murdered your mother just several minutes earlier?
- You're weak!
- Yes.
- And you tried to save her life?
- Uh.
Yes.
- That's a very noble thing to do, Mr. McCubbin,
but tell me, how is it possible that Ms. Sanchez,
Mr. Kirkpatrick, neither of them saw any sign
of your brother when they responded to the call
at your mother's house?
- I don't know.
- This is Dr. Alfred Hunter.
Subject is Lester A. McCubbin, male.
Age of 29.
Date is February 2, 2018.
Oregon State Hospital.
When we met this morning,
you mentioned someone named Addison.
Why don't you tell me about him, Lester?
- Les.
- I'm sorry?
- Les.
I've always been Les.
- Of course, Les.
Tell me about your earliest memories with-
- I've never been without him.
We were born six minutes apart.
- Are you identical or fraternal twins?
- Fraternal.
He looks like Mom.
- What was Mom like?
- She loved Addison.
He was always her favorite.
- Was your father around?
- Mom!
Addie, share, please.
Oh!
- Dad didn't like either of us much.
- Les! Get in the house.
- Did your father physically abuse you?
- I mean, unless you count spanking.
- How many times have I told you?
Don't encourage him.
- It's a harmless game, John.
Addison's- - Don't.
I don't want to hear that name.
When are you gonna get that through your head?
- Did he spank Addison?
- The boy's not right.
- Oh, no.
He mostly ignored him.
Besides, Dad could never catch him.
- Okay.
And why do you think your father ignored
Addison and not you?
- I don't know.
- Maybe he was jealous.
- Jealous?
Of whom?
- Of Addie.
- You got me, Les.
- Gotta catch me first, nerd!
- What the hell is wrong with you?
How many times have I told you?
- Sorry.
- Don't run in the house.
- Sorry.
- If you do that again...
Go to your room. Right now!
- You said your mother loved Addison.
How did she treat you?
- She, she was patient, I guess.
Uh, kind.
But I could tell I was in the way.
- Just give your father some time
to unwind from work.
I'll bring your dinner after he's eaten, okay?
- Did you resent Addison for this?
- No.
Never.
How could I?
We're, we're soulmates.
We were inseparable.
- Ah, dude!
- Come on!
Last one to the end doesn't get any dinner!
- You're dead, Addie!
- Dog.
- It's a dog.
I see man climbing a hill.
- Yeah, there's a guy behind him, too.
- It's his brother.
I see a cloud that looks like a waffle.
- That does look like a waffle.
- You see it too, yeah. - Yeah, I see it.
- It's a waffle cloud.
- Yeah, it's weird.
I've never seen a waffle cloud.
- Yeah.
- What was school like for you?
- Normal.
Got good grades.
He was way more popular, though.
- What about after high school?
Did you go to college together?
- When we turned 18, we pretty much left right away.
Portland State.
- Stuck together.
- You're a sucker, Les.
Seriously, you think you're gonna settle down,
produce 2.3 children and live happily ever after?
- It could happen.
- You'll run screaming at the first dirty diaper.
- Shut up, Addie.
- Hey, let me tell you about this guy
in my Chinese class, Rick.
We showed up at the same job interview today
and we got to talking, and I think he likes me.
- You think every guy likes you, Addie,
and then you meet his wife or his girlfriend.
- Screw you.
You're hardly the one to be giving relationship advice.
- Last time you messed around with some guy,
I'm the one who ended up with his wife
crying on my shoulder.
- See, we make a good team.
We compliment each other.
- That was after she tried to beat me up.
I'm not doing whatever this is turning into.
Uh!
- Rick wants to go clubbing this weekend.
He invited us both to come along.
- I don't even know the guy.
- Yeah, so I told him you were cool and he invited us both.
- Ugh, you're so annoying.
- So, you in?
- No, I'm not in.
Christie has her peace corps-
- I already told him we'd both go.
- Tell him I can't.
- Oh, come on, Les.
I need you there for moral support
in case it doesn't go well.
- Christie needs moral support.
- Christie needs to learn to commit.
Stick the landing, sister.
Come on, Les.
It'll be fun.
- It won't!
- Cheers. - Cheers.
- It'll be really gay.
I might go for a walk.
- Hey there.
- Hi.
- What can I get ya?
- Whiskey, I think.
Oh!
- Another one?
Tough day?
- Yeah, something like that.
- Why don't you let me take care of you?
I'm Lisa.
- Hi.
What are you doing?
Where's Rick?
- Back there writing a new phone book.
- Shouldn't you be with him?
- Moral support.
- What you doing?
- Ruining everything, apparently.
- Did you get him pregnant?
- Well, I tried.
He left.
- If he left,
how are we getting home?
- Breakfast.
Whoa, tell me about it.
At least we had fun.
I saw you flirting with that bartender.
- She was doing her job, so I did mine.
- You're in love.
- Oh.
Oh.
I'm looking for it.
Just can't find my pockets.
Oops. There it is.
I can't read that.
Okay. Oops.
I have to pee, brother.
Whoa.
- Hey, honey.
You look like you could use a hand.
What's your name?
- Hey, I'm Addison.
- See? That's more like it.
- You don't know where that hand has been.
- It's not where the hand has been,
but where it could be that counts.
- Woo! Whoa.
Um, it's just,
mister, miss, whatever.
I don't want to disappoint you.
- Hey, it's no problem, bro.
Ripped off me a wad of cash.
- Hey, put that away.
Aw, hell.
♪ Lady was a dude ♪
- What the hell?
- The hooker you tried to pick up was a dude.
- I didn't do it.
- That's what they all say.
- I didn't pick anyone up.
- Not according to the fuzz.
And they have the cash to prove it.
My money, by the way.
- We lost our scholarship because of the arrest.
- What?
No!
Addison?
Ah!
Anyone!
- And what did you do after college?
- I waited tables.
Good evening.
Our special tonight is on Lifetime.
Tune in.
Are you doing okay?
Okay.
- Good night.
- Good night.
- Oh!
- Yeah, that's what she said.
That's where I want ya, now I'm gonna beat ya.
- No!
- Did you have friends besides your brother?
Did anyone ever visit?
- We didn't really need anyone else.
- Were you happy?
- Yeah. I mean, I guess so.
I don't know if I've ever been what I'd call happy,
but I was used to that.
I was comfortable as long as Addie was, well.
- Well, what, Les?
- He started spending more and more time out.
- Out? - In the night.
You're somethin' else.
- What? I can't celebrate?
- You're always celebrating, Addie.
When are you gonna get a job?
- Aren't you even gonna ask me what I'm celebrating?
- Why don't you tell me?
- My sweet, bitter brother.
You deserve to be the first to know.
So.
Larry, you know, the guy I've been seeing?
The stockbroker with the tight abs and-
- God, Addie!
- He wants me to move in with him.
- Addie, no.
You barely even know the guy.
- You're not the only one who deserves
to be happy, you know.
- Fuck off.
I never for a second thought that I deserved
anything other than to clean up after your toxic behavior.
- Oh, wow.
Les.
How long you been sittin' on that nest of bullshit?
- Someone has to be responsible.
Pay the bills, fix the relationships you destroy.
- Yeah, I made some money last month.
Remember that old guy who paid me to-
- Oh, stop, stop!
I don't want to hear that.
- You're just jealous because you can't even pay
someone to touch you.
- I didn't even know that was a church song.
- Yeah.
Well, I guess I should get going.
But, so I was just gonna grab some lunch.
You wanna join me?
- Um.
Um, Noreen and I have plans, actually.
- No, no, that's fine. No problem.
I just thought, well, anyways, see you guys next Sunday.
- See you, buddy.
- Bye, Roger.
He's a nice guy.
- Yeah, he's just a little, um.
- What?
- I can't quite put my finger on it.
It's just that, um, he, yeah, he's a good guy.
- No. What were you going to say?
- I, he, something about him reminds me of my brother.
- Addison? - Yeah.
- Well, when are you gonna bring him to church
so I can finally meet him?
- He's not really the church going type.
- Well, you should invite him at least.
- It's, no, it's not gonna happen like that.
- Hey, the Lord works in mysterious ways, remember?
- Yeah, I know, but-
- How about you just invite him to dinner Friday night?
I'm sure he's a dinner going type, hmm?
Do it for me, okay?
- All right.
I'll ask him.
- Hey.
- Hey.
I thought-
- That was your first mistake.
Come on. Let's hit up that weed store.
- Uh, but shouldn't we?
- Whoa!
Ah!
You gotta steer, Addie!
Ow.
You're a pain in the ass.
- You wanted to switch.
- Oh.
Hey.
Noreen wants to meet you.
- You sure you want that?
- Why?
- She may leave you for me.
I don't think you're her type.
- I'm just saying.
- We have dinner planned on Friday.
You in?
- That's you falling off a bike.
- You're an idiot.
- And the time you stepped on the coral.
- I, I still have a piece of it lodged in my foot.
- No way. - Yeah.
- That was how many years ago?
- I thought it would've come out by now
or dissolved or something,
but it's still there and now it just hurts
when it rains, and it smells funny sometimes.
- Gross.
- Excuse me.
I'm gonna go to the restroom.
- I think she really likes me.
- Yeah, I don't know, bro.
I don't think she's your type.
- Really?
And what exactly is my type?
- Well, someone with a sense of humor
for starters.
- Give her a chance. She just met you.
She, she's nice, really.
- Eh, I don't think she's that in to you.
- Why do you always do this?
- Do what?
- This.
Every time I have something good going for me,
you just shoot it down.
- No way.
Bro, I'm just looking out for you.
Come on, let's get outta here.
You're not the only one with a date tonight.
- I'm gonna wait for Noreen.
- Dude, I don't think she's comin' back.
- What?
- Really?
Roger?
- Damn, I told him to hurry.
- Yes, Roger.
He's a damn sight friendlier than Noreen.
- You're doing this just to spite me.
- You're so uptight.
Hey, maybe she's perfect for you.
- I'm responsible, Addison. Unlike you.
- Shut up.
Ever since you started going to that church,
you're Dad all over again.
- Well, maybe it would do you good to join me
every once in a while.
They're good people.
Maybe they can help you.
- You mean like Roger?
- No, Addie.
Look, just, this needs to stop.
- What? What needs to stop?
Do you know what we do?
You want me to describe it?
- No.
- Maybe you wanna join.
Wow.
Little Les, you're really sick.
- No, stop!
Addison, this, this, this, this promiscuity thing.
You can't just sleep-
- Ah, so I guess it's okay for you to have Noreen,
but I'm supposed to what?
Be alone?
Just keep me inside, little Les.
Is that what you want?
Well, I'm not Mom.
You don't get to just lock me up.
And I thought you weren't Dad.
Sweet, quiet, little Les.
How dare you?
You know, you're an even bigger faggot
than I could ever try to be.
All that wood shoved so far up your ass.
Can you taste it, little Les?
- Addie.
- Can you, little sissy boy?
Don't want to hurt your precious little morals, right?
Just like Dad?
But I'm too different.
Right, Les?
- Addie, you know what I meant.
- You're right. I did.
- Addie, don't.
Addie, please.
- Lester, you're not gonna feel better
if you don't take your medicine.
Come on.
- Where's Addison?
- What was life like without Addison for you?
- I was miserable.
I mean,
we still had that psychic bond.
I could still sense him.
Moods and stuff like that.
But I, I couldn't make out his thoughts.
They were muddy.
Like he, he was hiding them.
- Did you have other companions then?
Friends?
Anyone you could turn to?
- I did go on a couple of dates with Allison,
a girl from work.
- I'm glad you called.
- Yeah, me too.
I didn't know if...
- I know it was a little presumptuous of me, wasn't it?
- No, no. That's not what I meant.
Thank you for, for giving me your number.
I would've been too embarrassed to ask for it.
- Oh.
I hope you don't think I go around doing that all the time.
That was the first.
- No, I don't think that at all.
- You had the perfect combination of honest and oblivious,
so I thought, why not?
- What?
- I watched you ignore every other table
for an entire night.
Did you even get any tips?
- I got your phone number.
- Mmm-hmm.
- You didn't even give me a tip.
I made like 75 cents that night.
- Someone had to let you know why.
- Is this okay?
- Yes.
- This is tuna.
- It could be paper or rocks or air.
Thanks for not starving me.
- Yeah.
I don't really do this much.
- Eat lunch?
- Dinner or die.
That's what I always say.
No, go on dates. This.
- Oh, that's all right.
I'm not expecting anything.
I would like to, you know-
- No, yeah. It's fine.
- Ah.
Oh.
I'm so sorry!
- I couldn't give her what she wanted.
I missed him so much.
I, I just couldn't do it anymore.
I couldn't be without him.
How can you just stop having someone in your life like that?
He was there for every breath, and suddenly-
- Minus six minutes.
- What?
- Every breath minus six minutes.
- So, I went to find him.
It wasn't hard. I could still sense him.
Addie?
Addie?
- Boo! - Geez!
- Oh, there, brother.
- I knew you were here.
- Well, you did find me, freak.
How'd you know where I was?
Oh!
Oh, bro!
I can't feel my legs.
- I missed you.
Oh, okay.
People are gonna stare.
- Girl, people started staring when you attacked me.
- Oh!
Well- - This is Portland.
At the very least, they don't give a shit.
If anything, they'll pick at us for not being out enough.
Hey!
What brought you into town?
- I wanted to surprise you.
- Still doing that church stuff?
- Yeah. I still go, but.
- But?
Addie, I never, I never wanted you to be any different.
- What about? - Roger?
- What's her name?
- Oh, Noreen.
It was awkward.
- Told you.
- But I did start seeing someone, though.
This girl named Allison.
She was...
She's, she's, she's pretty great.
- That a boy.
- Now, hold on.
Don't get carried away.
I'm not gonna like, you know, be like you.
- You wound me, bro.
I've changed my ways.
I date responsibly now.
You'll see.
- You still dating?
- People?
- Yes.
- A leopard doesn't change his spots.
- In this analogy, are you wearing leopard print?
- Yes, and it's fabulous.
- Well, that's up for debate.
- Les.
- Sorry.
- I love you.
Just be my brother.
Come on.
- Where are we going?
- This is the land of lust, sugar bear.
Whatever you desire, we'll go out and get it.
- Can we just go to your place?
- What place?
- No, don't. Ah!
- I want to move on to the incident
in which you sustained your injuries.
- I...
I was handcuffed.
- Before that.
Before you were brought here, you were already hurt.
How did that happen?
Les, this is important.
- Why?
- Okay, I'm gonna take a short bathroom break.
You need anything? Water? Food?
Okay.
- Addison.
Addison.
- I know it was tough for you.
- It's okay.
I guess I deserved it.
- Oh, you definitely deserved it.
- Hey.
- I think it did you some good.
- Ugh! Why?
- You dated that new chick Allison.
When I'm around, you never spend time with anyone else.
Except those church people, I guess,
but they just made you a psychopath.
- Oh, come on. They weren't that bad.
- You know they were never going to accept me, right?
- But if they cared about me, they'd get to know you.
- Les, you know I'm right.
If they can't love their brother as they love themselves,
then I don't want any part of it.
- You never gave them the chance.
- I still think about Roger, though.
He was a good man.
- Les, you all right?
- Addison.
Where's Addison?
- Don't worry about that right now.
We'll address that when you're fully recovered.
- I can't recover if I don't know Addie's okay.
Why can't I remember?
- Les, you've suffered a cranial injury,
as well as what I believe is a serious emotional trauma.
Either incident alone is enough to create an amnesiac event.
And both of them together,
I'm not at all surprised by your memory lapses.
Now, it's important that we take our time walking back
through what memories you do have
in order to find out where this few,
this memory lapse begins.
Do you understand?
- But why can't I feel Addison?
My whole life I've been able.
- I'm bound by the law and the oaths of my profession
to stick with the existing science on this.
No extra sensory bond or what have you.
As a part of my training, you understand?
That said, I will give you
that this bond that you've described
between you and Addison seems to have been interrupted
by the trauma you experienced.
- If I recover, will I hear him again?
- I don't know. I'm sorry.
- I need to find him.
- Well, maybe we should talk about
the last time you saw him.
Maybe that'll give us some answers.
Let's talk about your visit with your mother.
Les.
- My mom lives a ways away.
A couple hours.
- How did you get to her house?
Les, what's the matter?
- Why do you keep bringing up my mother?
I haven't said anything about her.
I just wanna see my brother.
- Well, Les, I believe the information about your mother
is critical to our work here today.
- Don't you think it's kind of weird that you keep asking
about her when I haven't said anything
that makes her relevant to my situation?
- Is there a problem here, Les?
- Yeah, you're god damn right there's a problem.
I don't think you're a good doctor.
I want another one.
You're not trying to help me at all.
- Les, please stay and talk to me.
- I can't!
You keep trying to find out stuff about my mother,
and I just want my brother back.
It's unrelated.
Why are you being such a god damn weirdo?
- Les, are you okay?
- Why am I like this?
- I don't know, Les.
Why don't we try and find out, okay?
There you go.
It's okay, buddy.
- Addie came to pick me up from work.
- She feels abandoned, Les.
She told me on the phone to save the photo albums
before they get rid of everything.
- They?
Who's they?
People she thinks are gonna throw her shit away
when she dies.
She's planning her death, Les.
She doesn't even think we'll be there
to take care of her after the fact.
- Addie, that's nuts.
- Maybe, but it makes sense to her.
When's the last time you saw her?
- Last time you did.
Christmas.
- Yeah, Christmas 'O8.
She thinks she's seen the last of us.
Les, that's my point.
- We can't just go down there and take care of her.
I've got a job. You got-
- We can. Les, we can.
I already talked to her about it.
- We'll hire her a maid, someone to attend the garden,
herd the cats.
- So she can fire them a week later
like she did when she got out of the hospital?
- She was healthier then.
She, she needs the assistance now.
- The cats are gone.
- What?
Since when?
- Two of them died.
One of them ran away 'cause she left
the door open all night.
That's not the point.
The point is she still doesn't want the help.
She's dying.
- She'll outlive us both.
She just complains to get us down there.
- She complains because she wants it to end.
- Well, she doesn't really have the option at this point.
- She does. - Addie.
Stop talking like that.
- It's what she wants.
I already talked to her about it, I told you.
- Well, we can't always get what we want.
Addie, look.
I really, really don't want to talk about this at work.
- You're right.
Let's go see her.
- Addie.
Addie, can you please talk to me?
If we could, if we could just move her into a facility.
- No!
We're not going to warehouse her.
- Addie, it's not- - She'd rather be dead.
- It's not like that anymore.
They have this, this whole graduated care-
- Drop it, Les.
I'm warning you.
- Or what?
Or what, Addie?
- You know what.
- We can talk her out of it.
Give her options.
She'll see reason.
She's not crazy. - Exactly.
- What?
- Do you wanna know what she said
when we talked on the phone?
- Yeah.
- She told me she couldn't bear to be a burden.
She said she couldn't stand the thought
of forcing herself on her little Les.
Even if it just meant that you'd be stuck
with the responsibility of her estate.
I told her I'd help, but she said Les wouldn't let you.
It's too important to him.
Don't you get it, Les?
She refuses to bury you,
which is exactly what will happen if we drag this out.
She's protecting you from yourself.
Because you're too good for her.
For this family, maybe.
- I'm not gonna kill Mom.
- Then I'll do it.
Fuck, man!
It's better than whatever she'd tried to do
to get it done herself.
I know it sounds awful, but I promise you.
The last time we talked on the phone,
you don't remember the last time you've heard Mom
sound so peaceful and lucid.
I swear to God.
- I think I'm gonna throw up.
- Damn it, Les.
- Hi, Mom.
- Oh, good. You brought everyone.
- Yeah, well.
Addison thought we should just drop by.
- Narc.
- What?
- I said Les should go to the park, like the dog park,
'cause he's a little bitch.
- That doesn't make any sense.
- I agree.
- Hi, sweetie.
- Hi, Mama. - Hi, baby.
Oh, come on, sit.
You sit, sit, sit.
So you here for the party or are you gonna watch?
Wait, I'm, let me get you something to drink.
I got water. I got milk.
- You got any more of that moonshine?
- Ha-ha-ha, Addison. Don't say that.
Come on, you know that my friend was here
and we finished it.
Yeah, well, the water's still shit, so.
Yeah.
And yes, I do have a friend, Susan.
Oh!
- Mom! Mom! Mom!
- Oh! Ow!
- Are you okay?
- Ow! Yes! - Is it your back?
- No, I, my stomach's pinching me.
- Oh, um. Here, let's go sit.
- Okay.
- Can I help you, Mom?
- Oh, there's my boy!
Oh, gosh.
I was wondering if you were gonna be coming.
You know, Les doesn't tell me anything.
Okay. Okay.
- You ready for your party?
- Yes! Party!
- Wait, what, what party?
- My son is throwing me a going away party
and you're ruining it.
Please just sit down, Les, and have fun.
- Oh, oh.
- What did the doctor say?
- What?
- The doctor.
- What doctor?
- Your doctor, Mom.
- Oh, I fired him.
- What?
- He's always trying to do stuff to me.
- Mom, you can't fire your doctor.
What, what do you mean do stuff?
- I, he's doing weird things.
I'm not going back there.
Mmm-mmm. That's it.
Oh my god, I can't trust anybody.
Just can't even trust anybody.
No, I'm not seeing the doc.
I want music.
- I got it.
- Music, music, music, music, music, music.
You are such a good boy, Addie.
Thank you for taking such good care of your mama.
Good dancer.
- Milk's bad, Mom.
- Good. It's fine for me.
- Yeah, Les, it's fine.
It's just closer to cheese.
- Cheese!
- Why are you doing this to Mom?
- She needs to get better.
- You don't have the right.
- If, if she just talks to a doctor, then-
- Fuck the doctor!
You don't understand.
She can't leave the house.
She doesn't sleep.
She can't wash her hair because of her arthritis.
The meds constipate her so bad that-
- I get it, Addie. - No, you don't get it!
You don't get it
because you're so preoccupied with how
everyone else affects you that you don't see
how much pain they're in.
This isn't about you, Les.
This is about Mom.
And this is probably the first thing she's had
to look forward to since Dad died.
Go out there.
Go out there and look at her.
I swear to God, Les.
If you don't go out there and look at that woman,
who is happier than you have ever seen her,
because she's looking forward to this one thing,
you're next on the list.
- I'm not killing Mom,
and neither are you.
♪ All by myself in the night ♪
♪ I sit alone ♪
♪ With a table and a chair ♪
♪ So unhappy there ♪
♪ Playin' solitaire ♪
- Addie, come dance with me.
- Oh.
I'm Les, Mama. - Shh, shh, shh.
♪ All fancy ♪
- This is my favorite song. - Yeah?
- Yeah.
- Father used to love it.
- Mom.
Why did Dad hate Addie so much?
- He didn't hate him.
John just didn't, he didn't like new ideas.
There was something in you that your father
just couldn't reconcile.
And he was a good man.
You're a good man.
- It's time, Mom.
- Oh.
I love you forever. - Oh.
I love you, Mama.
Addie, wait.
- Go to bed, Les.
- Addison.
- Go to your room and go to bed.
- And then what happened?
- I waited.
- Waited for what?
- I can't remember.
- Les, you know you're going to stand trial, right?
You're currently in the custody of the state.
You are,
you are the only suspect in a very serious crime,
and it's my job to determine your level of competence.
You won't stand trial, however,
if you're incapable of participating in your own defense.
You understand me, Les?
- What crime?
- They want to charge you with murder.
Now, for obvious reasons, I can't talk to you about
the details of the event.
And should you confess to me, it will affect your case.
- I, I didn't murder.
I saved.
- Les, we have reason to believe.
- Oh my god.
Oh my god.
I killed Addison.
- What is your area of expertise?
- I specialize in mood disorders,
schizophrenia and dissociative behavior.
- Let's say just for a moment that the patient
was in fact suicidal.
Would that, in your opinion,
render him incapable of understanding
the charges against him or participating his own defense?
- Um, not necessarily, no.
- In your opinion, what would render someone
incapable of participating in their own self-defense?
- A person who was delusional.
Dissociative, for example, would not understand
the consequences of their actions, so.
- In your professional opinion,
and after hours of evaluating Mr. McCubbin,
do you believe he possesses one or more of these behaviors?
- Mr. McCubbin is interesting.
He doesn't seem to be irrational,
and yet his behavior is that of a dissociative
or delusional person.
So, yes.
- Thank you.
No more questions, Your Honor.
- Redirect, Ms. Jones?
- Yes, Your Honor.
Dr. Hunter, how long have you been working-
- What the hell is going on? - Shh!
- What the hell is going on?
- Les, I know it's hard to listen to,
but just bear with it.
We're gonna get through this.
- Why am I here?
- We need to convince everyone in this room
that you are not responsible for your own actions.
Do you understand?
- No, I don't-
- Mr. Frazer, keep your client in line
or he'll be held in contempt.
- Yes, Your Honor.
Just trust me.
It's the only way out for you.
He was asking for the whereabouts of someone
he called Addison.
- Who is Addison?
- According to Mr. McCubbin,
he's his fraternal twin brother.
- Ms. Sanchez, in the course of your EMT duties
on the evening of April 9th,
you were called to the home
of 10036 De Lanci Court in Marston.
Was the emergency that you responded to at this address
classified as a psychiatric emergency?
- No.
- What was the call you responded to
at De Lanci Court?
- A homicide and a critical wounded.
- Ms. Sanchez, besides yourself and your partner,
how many persons were present when you entered the home?
- There was the first responder and his partner
and the two injured.
- And who were the injured?
- Their names were recorded as Mr. Lester A. McCubbin
and Mrs. Sarah Jane McCubbin.
- Are either of them here today?
Please indicate them.
- Mr. McCubbin is right there.
- Did you see any signs of any third party?
- There were three table settings,
dishes, glasses, and stuff, but otherwise, no.
- Have you ever responded to a suicide?
- Yes ma'am.
- And is it safe to say that every instance
is, is different?
- Yes, ma'am.
- Have you ever responded to an accidental death?
- Yes.
- And are these fairly unique as well?
- Yes, ma'am.
- What about a homicide, Ms. Sanchez?
How many of these have you responded to?
- Too many.
- And those again are unique?
- Yes, ma'am.
- Ms. Sanchez, based on your experience
of all of these terrible events,
would you say you can draw conclusions about an event
without all the explicit detail?
- Objection, Your Honor.
Ms. Sanchez is not trained in forensics.
- I will sustain.
Ms. Jones, do you wish to rephrase the question?
- Yes, Your Honor.
What was the nature of the injuries you were called
to the address to treat?
- I was there to stabilize Mr. McCubbin
who had received a number of blunt force impact injuries.
- What was your impression as to how Mr. McCubbin
had received these injuries?
- They were consistent with many of the car accidents
I've responded to.
For example, the body experiences a sudden impact
from an immobile object.
- Like a wall or a stove?
- Yes, in this case, that could be the cause.
- Could these injuries be self-inflicted?
- I mean, yeah, sure.
If you run into a wall fast enough.
- Seems pretty farfetched.
- Objection. She's mocking my client.
- Ms. Jones, is there a point to this line of questioning?
- Ms. Sanchez, humor me.
If you wanted it to look like someone had attacked you,
what would be an easy way to do it?
- Objection. She's clearly leading.
- Ms. Jones, if you don't have any productive questions,
I'll have to ask you to conclude your questioning.
- The prosecution rests.
- I didn't run into a wall.
- Good job.
Just let me handle this.
- Mr. Frazer, it's your cross.
- Thank you, Your Honor.
Ms. Sanchez, have you ever played chicken before?
Let me explain.
Chicken is a game where you see how close you can get-
- I'm familiar with it, yes.
- Good, now, you describe your profession
as that of an EMT.
Do you perform forensic work in your normal course of duty?
- No.
- Did you the night of the alleged incident
perform forensic work?
- No, sir.
- Thank you.
Can you say with certainty that my client,
Mr. McCubbin, ran into a wall?
- No.
- How about a stove as Ms. Jones suggested?
- No.
- Can you make any claim that my client did anything at all
apart from being in the room and being alive that night?
- No.
- You seem like a pretty intelligent woman.
Now, it wouldn't take very long for a woman
as smart as you to draw some pretty reasonable conclusions
about what happened there that night.
- I suppose.
- But they still would be assumptions, right?
Huh?
Ethically, can you even suggest that he did it himself?
Hurt himself?
- No.
- And were you in the room when the injuries were inflicted?
- No, I was not.
- So as a person with no forensic background
and with no information than what you saw there that night
and giving conflicting testimony,
can you say with confidence how my client
received his injuries?
- No.
- One more question.
Do you feel that your time in the stand
is being put to good use?
- Objection.
- Sustained. - Sustained.
- Mr. Frazer, I'll ask you to refrain
from antagonistic questioning in my courtroom.
- Yes, Your Honor.
The defense rests.
- Redirect, Ms. Jones?
- No, Your Honor. - Good.
I'm gonna call a recess for lunch.
- Okay.
I think we're doing good,
but we're not out of the woods yet.
Dana's a real snatch, but I think-
- Why am I even here?
- Les, we are here to determine whether or not
you go to trial for murder.
Surely you understand that by now.
- I didn't kill anyone.
- They believe you did. I believe you did it.
We need to show them.
- You're supposed to be on my side.
- I am on your side.
We are here to show them that you couldn't possibly
have killed anyone on purpose,
and that you can't defend yourself in a right mind.
Can you trust me?
- I didn't kill anyone.
- Les, we can't have that debate now.
Just stay crazy and we'll be fine.
- I'm not crazy.
- Do you wanna stay in the room
or do you want a custodian?
Stay in the room.
- I'm crazy.
He's gonna kill her.
I'm not crazy.
I gotta, I gotta stop him.
You can't do it, Addie.
Mom loves me and likes me.
I gotta stop you. I'm not crazy.
Okay, I can. I gotta, I gotta.
- Les, I wanted to talk to you.
- Better not wander around.
They'll put you in cuffs.
I'll stay with him, Dan.
So you, uh, wanna grab some lunch?
Huh?
Come on, join me.
Les? Les! Les! Stop!
What's the matter?
- I thought I saw him.
- Listen, I can't talk to you about things
outside of the hearing,
but I need you to try and trust me and your lawyer.
We're both doing whatever we can to make sure you heal
and do so as a free man.
Please, please tell me you understand this.
- I'm, I'm trying.
- Okay.
Okay, I believe you.
And let's get you some coffee, okay, man?
- Over here.
- All right, all right.
Now what?
- We've got another one up here.
- Go.
- There was an anonymous phone call
and we had responded at around 2200 hours.
We were led in by two uniforms.
- The witness refers to police officers.
- Yes, sir.
- You attended to my client right away?
- Yes, sir.
- Where were you, Mr. Kirkpatrick,
while your partner was tending to the injuries
of Mr. McCubbin in the kitchen?
- I was in a bedroom attempting to revive the second victim.
- Miss McCubbin?
- Yes.
- Please describe her.
- Approximately 60 years of age, 160 pounds.
She was lying in her bed and had stopped breathing.
I think she's dead.
- What a hero, this guy.
- Maybe he should try shaking her again.
- Did she look like the kind of woman
who would be able to defend herself?
- Mom.
- Mr. Frazer.
- Les, you gotta keep it down, okay?
- Carry on, Ms. Jones.
- Were you able to revive her?
- No, it was far too late.
She'd apparently been dead for more than a hour.
- Mr. Frazer, is your client able to proceed?
- Your Honor, I'd like to request a brief recess.
Les, this is your chance to set the record straight.
- I just wanna go back to the hospital and sleep.
- Let's just get through this
and then you can sleep as long as you'd like.
- I don't, I don't want to.
- Les, you were the only one in the room.
If we're going to hear the truth,
we have to hear it from you.
- He killed her.
- Is that the truth?
Is this what we're going to hear up there?
- There are, um, there are pieces missing
that don't make sense.
- Don't think about that right now.
Right now we have to concentrate on saving you.
Okay?
- They think I did it, don't they?
They think I killed my mother.
- Is this the report returned by the lab
based on that DNA evidence?
- Yes. ma'am. It is.
- Reading from the report, Detective,
the DNA of how many individuals were found
in the victim's kitchen?
- Two.
- And who does the report identify those individuals as?
- The victim, Sarah Jane McCubbin,
and her son, Lester A. McCubbin.
- Just to be clear, Detective,
does the report make any mention of an Addison McCubbin
or any third party?
- No, ma'am.
- Mr. Frazer, do you have any questions
for Detective Robinson?
- No, Your Honor. - Very well.
You may be excused.
Is your client ready to testify?
- Yes, Your Honor.
- Mr. McCubbin, could you please tell us where you were
at seven o'clock on the evening of April 9th of this year?
- I, I guess we were driving around then.
- Where from?
- Southeast Portland.
- When you say we, Mr. McCubbin, to whom are you referring?
- Me and my twin brother Addison.
- Oh.
Are you identical?
- Fraternal.
- Would you say that it would be easy for a person
to mistake you for him and vice versa?
- No, um, we're very different.
He's tall, blonde, athletic.
- What was your intended destination?
- We were going to visit our mother in Marston.
- Was it just a social call?
- It, um.
What do you mean? I guess so.
- I mean, did you go there with a specific purpose
in mind or did you just go there to visit?
- Um, we hadn't visited, visited her in a while,
and Addison wanted to talk, talk to her about something.
- What was that?
- Her health is failing and it's getting harder
for her to do things,
so we had to talk about putting her in assisted living.
- Had you discussed this with your mother previously?
- I tried.
She doesn't like to talk about it,
and she gets confused and irritable.
- Had you talked about it with anybody else?
- Just Addie.
- I assume when you say Addie,
you're talking about that which you call Addison?
What did he think?
- Um, I guess he hated the idea.
- Was this type of disagreement
typical with your brother?
- No.
We disagree sometimes, but not about anything so serious.
- So you said that you arrived to your mother's house
at about eight o'clock that evening.
Is that correct?
- Yeah, that sounds about right.
- Can you tell us what happened then?
- Addison was giving me the silent treatment,
which normally means he's planning something.
- What was he planning?
- I don't know.
I couldn't figure him out.
- Were you worried about violence?
- No. No.
Addison would never hurt anybody physically.
I mean, but.
- But?
- He was, uh, different.
Not, not who he means to be.
Like he, he didn't like that I disagreed with him.
- What did you disagree about?
- Addison and I have different opinions on euthanasia.
- So he wanted to kill your mother?
- No, he wanted to make her happy.
Give her peace, help her live life on her own terms.
I understand that now.
- So you suddenly agree with him?
- No, no, he just, he thinks bigger than I can.
He's, difficult decisions don't scare him.
He's, he's braver than I am.
- You think killing your own mother is bravery?
- No, that's not what I said.
I said he's braver with difficult decisions.
He didn't want to kill Mom.
You wanted to give her life, a final chapter of joy.
- You make it sound romantic.
- I guess it is in a way.
- Murder isn't romantic, Mr. McCubbin.
It's against the law!
- What Addison wanted isn't murder.
- Taking another person's life is murder.
Mr. McCubbin, you have now told us your plan,
you've told us your motives.
Why don't you now just tell us that you did it, Les?
Tell us how sick you really are.
- You must be so lonely in that little head
of yours, Ms. Jones.
- What?
- Always looking for that moment to strike.
- Mr. McCubbin, I'm warning you!
- Is there a room in there, Ms. Jones,
where you entertain all the children who hated you?
Who was the first to call you cunt?
Cunt.
- Order!
- Mr. Frazer, get your client under control!
- Les.
- I'm sorry, everyone.
The truth is, I don't remember what happened that night.
It was awfully scary, and I woke up like this.
- Order!
- Stop it.
- I will have order in my courtroom.
Mr. Frazer, have a conference with your client right now!
Make sure he comes back with a little respect
or I'll hold you both in contempt.
- Yes, Your Honor.
- I won't let you kill Mom.
- Les, you're too late.
You were too weak, like you always were!
I only did it because no one else would.
You really wanted me gone, huh?
Sweet Les.
- You told us that you fought in your mother's kitchen
with your brother.
Is that correct?
- Yes.
- And you would have us believe that this brother
also murdered your mother just several minutes earlier?
- Yes.
- And you tried to save her life?
- A verbal response please, Mr. McCubbin.
- Yes.
- That's a very noble thing to do, Mr. McCubbin,
but tell me, how is it possible that Ms. Sanchez,
Mr. Kirkpatrick, neither of them saw any sign
of your brother when they responded to the call
at your mother's house?
- I don't know.
- And Detective Robinson has told us
that the DNA showed no sign of this Addison
being at the crime scene.
How, how was that possible?
- I, uh. I just-
- In fact, none of the neighbors who testified
ever heard your mother speak of a son named Addison
in the over 30 years that she lived in Marston.
Where is Addison, Mr. McCubbin?
- He didn't get out to visit much.
- Oh.
And you would have the court believe that your brother,
who you claimed to have injured and who left no trace
of his bleeding self on the crime scene,
simply disappeared after he smothered your mother
with a pillow.
- I said I don't know!
I can't just remember!
- The witness will remain seated.
Mr. Frazer, you will see to it
that your client restrains himself.
- Yes, Your Honor.
- Mr. McCubbin, this is your last warning.
You can continue. Ms. Jones.
- Thank you, Your Honor.
So, you have no memory of the events that night,
but you would expect the court to believe
your word over the testimony of state experts?
- I can't just remember.
- So you don't really care who murdered your mother?
- Objection. - Overruled.
- I have no more questions.
- Well, when Lester was little,
he would often include his twin brother Addison,
and I would go along,
but of course it was just a game.
- What sort of game?
- Well, I assumed Lester had heard a story
and gotten carried away with it.
- But there was something more to it, wasn't there?
- Well, yes.
- Please explain.
- Well, I assisted with the delivery.
- Whose delivery, Ms. Sturdley?
- Lester and Addison's.
- Lester and Addison's.
So there were two children.
- Well, it was a, a very difficult birth.
- Can you describe for the court this difficult birth
that has left such an impression on you?
- Yes, well.
It had been a perfectly orderly pregnancy,
but the ultrasound
showed a very rare anomaly.
- And what anomaly was that?
- It appeared that the blastocyst had fused.
- Can you please explain that in layman's terms
for the court?
- The chorion, which is the outside enclosure.
It was shared, and that's something you usually only see
in identical twins.
- Hmm.
Did this development complicate the pregnancy?
- No, not in and of itself,
but it did complicate the delivery.
- How so?
- Well, early in the eighth month,
both boy's amniotic sacs ruptured simultaneously.
The doctor thought that some outside physical trauma
was the cause, but Mrs. McCubbin insisted
that no such thing had occurred.
- What did this rupture mean?
- Well, that the babies were coming early, of course.
Normally the twins will deliver sequentially
within minutes of each other,
but the McCubbin babies had become
interlocked face-to-face,
as though in an embrace,
so it was impossible for them to pass through
the birth canal this way.
The doctor began a C-section.
- And what was the result?
- Little Lester was delivered successfully
within minutes, but, uh,
it was only after we extracted him from the womb
that we discovered he was not entirely free of his twin.
One of his tiny little fists
had closed around dear Addison's umbilical cord.
Like when you clamp a garden hose,
little Lester had strangled his brother.
- It's a lie!
- Order!
- Died in the womb!
- Order!
- Get down!
- Order! Order!
- Hey!
Take a good look!
- Les!
- Yeah, Les! Stop him!
Stop mean, old Addie.
I'll show you my birthday suit.
Maybe then you'll recognize me.
- Addison!
Hey! Stop!
- Like what you see, Doc?
- Stop!
♪ Hark, a solemn bell is ringing ♪
♪ Clear through the night ♪
♪ Now, my love, art heav'nward winging ♪
- What's up, bro?
Catch.
♪ All through the night ♪
♪ Earthly dust from off thee shaken ♪
♪ Soul immortal ♪
♪ Shalt though awaken ♪
♪ With thy last ♪
♪ Dim journey taken ♪
♪ All through the night ♪
♪ Under the wide ♪
♪ And starry skies ♪
♪ Dig that grave, boys ♪
♪ Dig it deep and let me lie ♪
♪ Gladly did I live ♪
♪ And gladly will I die ♪
♪ Under a canopy ♪
♪ Of forest green ♪
♪ All the colors ♪
♪ That my eyes had ever seen ♪
♪ Some regard the fall ♪
♪ Like I regard the spring ♪
♪ On down the hill ♪
♪ And round the bend ♪
♪ Hear me singing ♪
♪ Callin' to you once again ♪
♪ I'm caught up in the dreams ♪
♪ Untangled like the wind ♪
♪ Ooo, ooo, ooo, ooo, ooo ♪
♪ Ooo, ooo, ooo, ooo, ooo ♪
♪ Under the wide ♪
♪ And starry skies ♪
♪ Dig that grave, boys ♪
♪ Dig it deep and let me lie ♪
♪ Gladly did I live ♪
♪ Gladly did I ♪
♪ Gladly will I die ♪
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