Original subtitles

("Don't Let Me Be Misunderstood" by Nina Simone playing)

♪ Baby, you understand me now ♪

♪ If sometimes you see that I'm mad? ♪

♪ Don't you know no one alive can always be an angel? ♪

♪ When everything goes wrong, you see some bad ♪

♪ But, oh, I'm just a soul whose intentions are good ♪

♪ Oh lord ♪

♪ Please don't let me be misunderstood ♪

♪ Doo, doo, doo ♪

♪♪ Oh, oh-oh-oh baby, I'm just human ♪

♪ Don't you know I have faults like anyone? ♪

♪ Sometimes, I find myself alone ♪

♪ Regretting some little foolish thing ♪

♪ Some simple thing ♪

♪ That I've done ♪

♪ 'Cause I'm just a soul ♪

♪ Whose intentions are good ♪

♪ Oh lord, please don't let me be ♪

♪ Misunderstood ♪

♪ Doo, doo ♪

♪ Don't let me be misunderstood ♪

♪ I try so hard, so please ♪

♪ Don't let me be misunderstood... ♪

(song fades out)

("The Love I Lost" by Harold Melvin & the Blue Notes playing)

♪ The love I lost ♪

♪ Was a sweet love... ♪

Reporter (on radio): Jury selection begins today in the murder trial

of Texas housewife Candy Montgomery.

- (song plays on stereo) - Almost four months to the day that Betty Gore,

30-year-old mother of two, was found chopped to death

- in her own home. - (sizzling)

The trial itself is expected to start tomorrow,

when the prosecution swears in its first witness...

(song continues)

(singing along) ♪ I can remember plannin'... ♪

♪ Buildin' my whole world around you ♪

♪ I can remember hopin' ♪

- Sherry: Knock, knock! - ♪ That you and... ♪

Sherry: Hey.

How we doin'?

- You got any big plans for today? - (laughs)

- I really do love the hair. - Thank you.

You are gonna be okay, honey.

I don't think I've ever felt so dependent on other people

as I do right now.

Pat: Hey, Sherry.

- Hey, Pat. - Pat, do you think I look okay?

This is what Don Crowder wants me to wear.

Yeah. Yeah, you look fine.

How are you doin', Pat?

Uh, uh...

I'm good. Good.

- You know, it's... - (doorbell chimes)

(sighs) I'll get it.

♪ ♪

(Sherry sighs)

Robert Udashen: Hey. Um...

We, uh, we set?

(heavy breathing)

All right.

Hey, wh-why can't I go inside with her?

(sighs)

Only the parties and lawyers can get side access.

- (Pat sighs) - Sorry.

(Candy sighs)

- I'll be right behind you. - Oh, I know you will.

- (Pat sighs) - Candy: Okay.

Oh, Sherry, make sure that the kids don't watch the news.

- Of course. I promise. - Candy: Okay.

(Candy sighs)

- Doin' all right? - Oh yeah, fine. How are you?

Robert: Good.

Reporter: As you can see behind me,

people are lining up to get in.

This is clearly the hottest ticket

in what is normally a sleepy town.

The reason Judge Ryan moved it to the old courthouse,

it holds more people.

What do Texas prisons look like?

Uh...

There are two women's prisons.

- Onlooker: I think that's her! - There's one that you definitely do not want to go to.

The other one is not that bad.

- How do they decide which one you go to? - (onlookers chattering)

♪ ♪

You'd go to the good one.

Oh, my God.

(muffled reporters yelling)

- (brakes squeak) - (softly) Oh, my God...

I don't think I can do this.

Yes, you will.

(shifts gear)

- (reporters yelling) - (shutters snapping)

(indistinct chatter, yelling)

- (yelling gets louder) - (multiple shutters snapping)

♪ ♪

(chatter continues)

(yelling becomes muffled)

Tom O'Connell: We may ask you a bunch of questions.

The idea is to wind up

with 12 impartial jurors

who can evaluate the evidence in an unbiased manner.

Now, if you're not selected, don't take it personally.

It's very important that you understand

not just what this proceeding is about,

but also what it's not about.

It's not a personality contest

or a question of who you think should win or lose,

or does the best job.

The best job is the decision you make

on the evidence.

And only the evidence that you hear in this courtroom.

Now, Judge Ryan has gone over the outline

of what the indictment is to you in a murder case.

The ultimate fact issue to be proved to a jury

is that a defendant killed the deceased.

Alright then. We're gonna let Mr. Crowder

make a remark or two. Mr. Crowder?

(Don sighs)

My name is Don Crowder.

First, I'd like to thank

each and every one of you for bein' here.

Your commitment to public service.

There is no greater strand of fabric

to criminal justice,

to, to democracy itself,

than jury duty.

Now...

it's not proper for me to discuss the facts

with you at this time.

Mr. O'Connell didn't talk about 'em either.

(quiet murmuring)

But...

There is somethin' I've gotta tell you now

for me to be able to discuss the law.

On Friday, June 13th, 1980,

Candace Montgomery killed Betty Gore.

She did so with an axe.

(shocked murmuring)

And she did so in self-defense.

♪ ♪

We haven't chosen to try our case in the papers,

which is why you've never heard that before.

But we've got quite a story to tell.

You're gonna hear what happened that day,

June 13th, and guess what?

You're gonna hear it from the only living person

who was there.

Candy Montgomery will take the stand.

She'll tell you exactly what happened.

- Of course, a few of them were stunned. Who wouldn't be? - (shutters snap)

The truth can be a shocking thing.

Y'all better buckle up.

For anyone comin' to this with preconceived notions,

buckle up and get ready.

That's all I got.

(reporters clamoring)

Ron.

Listen.

Seems they're not gonna let you in the room

since you might be a witness.

Unfortunate, because it's very important

the jury know from the get-go

that God is in Candy's corner.

That truth shouldn't have to wait till you testify.

It would be good for the jury to hear from God, Pastor,

even if it's on television.

- I understand. - Good man.

(pats shoulder)

(crowd chatter continues)

(shutters snapping)

Hey...

- Pat. Hey. - Don...

Chin up, man.

A lot of folks gonna be takin' their cues from you.

Come on, now.

It's just everybody's looking at me like I've been...

cuckolded, and the whole world...

Okay, look.

Doesn't matter if she fucked a hundred men.

Long as she doesn't do it again, right?

And she won't.

Come on now.

Chin up.

♪ ♪

Allan (on phone): I'm sure it'll be on the news.

They're saying that Betty tried to kill that woman.

- I guess so. - Bob (on phone): Well, that just...

That just doesn't make sense.

Bob: I mean, that's something you'd say right away.

"I had to do it." Four months?

Yeah. Yeah.

Well, I'm coming down there for the trial.

Bertha, she, uh...

She can't bring herself to.

But, but, but I'm coming.

Allan: Okay.

Alright. Bye.

(hangs up)

- (quiet cutlery clinking) - (birds chirping outside)

Everybody's being just so quiet.

What, with Halloween right around the corner? Ian?

Honey, will we be going with "Star Wars" again?

I don't know. Everybody's "Star Wars."

Sally Reynolds, she says she wants to go as you,

but her parents won't let her.

That's not appropriate dinner talk at the table, young lady.

(Jenny sighs)

(cutlery clinking)

You think it was wise for Don to just... announce

- that you did it like that? - We agreed.

No trial talk either.

Pat: I'm just worried he may not be up for this.

(Ian tapping fork)

(doorbell chimes)

You know what? I'll get that.

(birds chirping)

Hi, Jackie.

Can you and I have a private word?

(shutter snapping)

(Candy sighs)

Well, if I knew that you were comin', I-I could have put a pot of...

She tried to kill you. That's your story?

(softly) Yeah. It's true.

I refuse to believe that.

Why did you keep that from me?

I had to. Don said...

Oh, Don said, did he?

You know, I never lied to you.

Yes, you did!

(muffled) I asked you point-blank, and you lied to me!

I didn't murder Betty Gore.

You have to believe me.

No.

I don't.

♪ ♪

It would be good if you were there for me.

At trial.

(scoffs)

That won't be happenin', Candy.

(stomping upstairs)

- (siren blares) - Onlooker: I-I drove six hours.

If I go in and come right back out?

I just wanna see her.

Sorry, ma'am.

(hushed courtroom chatter)

(gavel banging)

(door shuts)

Judge Ryan: Before we all get started,

I have one other matter.

Counsel will recall that on the 12th day of July,

this court issued an order restricting counsel

from talkin' to the media.

After jury selection yesterday,

seems Mr. Crowder held himself a little presser,

jabberin' on to whoever was handy to listen.

Likely 'cause you've never tried yourself

a criminal case before.

Anything you'd like to say to me, Mr. Crowder?

Your Honor, I thought that the order had been lifted.

Especially since last Friday,

you invited the media into your chambers for a photo shoot.

I might also ask...

You're not asking this court a question, Mr. Crowder.

I asked you if you would like to make a statement.

And I'm responding.

It was my impression that the gag order was lifted.

Well, you got that wrong.

This court finds you in contempt for violation of its order

- that was entered on the 11th day of July 1980. - (crowd murmuring)

This thing isn't about your limelight, Mr. Crowder.

Ain't that the pot callin' the kettle a grandstander?

Movin' the trial to this buildin',

so you could get yourself on television.

Your punishment is assessed at a $100 fine, plus costs,

plus 24 hours in the Collin County jail.

- Are you kiddin' me? - Out of abundance of precaution,

so your confinement will not interfere

with your proper representation of your client,

I will suspend the issue of that commitment

until the day next preceding the conclusion of this trial,

at which time a writ of commitment will issue.

Well, howdy-doody, Judge.

What did you say?

Hm?

(hushed murmuring)

Bring in the jury.

♪ ♪

(quiet hall chatter)

O'Connell: Prosecution calls Allan Gore.

(hushed murmuring)

(door shuts)

(inhales)

Allan: I'd been calling her all day.

And I knew something wasn't right with her not answering.

And at some point, you called your neighbor, Richard Parker?

Yes, I made several calls and asked...

that he go look.

Look in the house.

And what, if anything, did he find?

They found... Betty dead.

I was told that she was shot.

Who told you she'd been shot dead?

Jerry McMahan.

After Jerry McMahan told you Betty'd been shot,

did you make any further calls?

I...

called Candace Montgomery.

O'Connell: What, if anything, did you tell her?

Allan: I told her... (sighs)

Betty'd been killed.

O'Connell: After you told the defendant that your wife had been killed,

what response, if any, did she make?

It seemed like a normal shock reaction.

She didn't say that she killed Betty

in self-defense with an axe?

No.

Your Honor, may I approach?

(clears throat)

Let me show you what's been marked for identification

- as State's Exhibit number K6. - (axe scrapes)

Let me ask you to look at that exhibit.

Tell the jury whether that looks familiar to you.

It looks like my axe.

Do you see anything other than what may be on it

that would be inconsistent with being your axe?

No.

(hushed murmuring)

- (puts down axe) - Now...

Sir. (clears throat) You know the defendant?

- Yes. - And, at some point,

you two became involved in a sexual affair?

Allan: Yes, in the fall of 1978.

O'Connell: Over what period of time did you two engage in a sexual affair?

From about early December...

'78 until October '79.

- What caused it to stop? - Allan: It stopped...

because I decided I didn't feel like I could share myself

with Candy. I wanted to concentrate on my own family.

Had you told your wife

about the relationship with the defendant?

No, I did not.

Did you have any reason to believe Betty knew about the affair?

No, I did not.

Don: But you can't rule it out,

that Betty could've known.

I can't rule it out. No.

And on June 13th, the morning of,

how did she seem? Your wife.

She was a bit agitated.

I was going away on a business trip.

And that would always unsettle her.

-(Candy sighs deeply) -Unsettled. Agitated. Was she depressed?

Perhaps.

She'd battled depression before.

She had some postpartum. Plus, as I said,

when I would... When I would travel...

Don: And on the morning of June 13th,

did she seem agitated or depressed over anything,

besides your goin' away on a business trip?

Yes, she...

She thought she might be pregnant.

- Don: And this was causing her stress? - (murmuring)

- Yes. - Don: In fact, you were a bit worried

about Betty and her state of mind that day.

So much so that, as you testified,

you made repeated calls

to check on her. From the airport,

your hotel. You repeatedly called.

- I did. - Don: And, sir,

on the night of your wife's death,

when you called the Montgomery house,

did you tell Mrs. Montgomery that you were very concerned

that your wife had committed suicide?

Allan: I don't recall saying that,

b-but the thought had entered my mind. Yes.

Don: She could have very dark thoughts, your wife.

Yes.

Don: Your wife and Candy Montgomery

- were friends? - They were.

- Don: Fair to say they were good friends? - Yes.

And prior to June 13th, 1980,

had you ever been aware of any cross words

between Betty and Candy?

- Allan: No. - Don: Had they had any physical fight

before June 13th, 1980?

- No. - Any verbal altercation?

- No. - Don: Can you think of any reason

why Candy would wanna harm your wife?

Allan: No.

(chair scrapes)

Don: Your relationship with Candy Montgomery.

This started out as an affair of the flesh?

Yes.

Don: Did it end up being something different?

We became very good friends.

This was not any torrid love thing, was it?

- No. - Don: You never discussed

marriage or runnin' away from your families?

- No. - Don: Never talked about gettin' divorced from your spouses?

- Never. - Don: This was not some...

whirlwind romance. In fact,

sometimes during your rendezvous,

you two wouldn't even have sex.

You'd just talk.

Allan: That's correct.

Fact of the matter is, Mr. Gore,

neither one of you were very good at this, were you?

No.

And when it finally petered out, were there hard feelings?

-No. -Don: Not by you? Not by Candy?

- No. - Don: She wasn't tryin' to get back with you?

- No. - Does it make any sense to you whatsoever

that Candace Montgomery would have got in her car

on June 13th, 1980,

and drove to your house to murder your wife

for the purpose of getting you back?

- No. - Don: Murder her for any reason?

No.

Don: Now, you testified

that the axe was hanging in your garage

on the morning of June 13th when you left.

♪ ♪

To my knowledge, yes.

And, to your knowledge, had Candy Montgomery

ever been in your garage

prior to June 13th, 1980?

- Not to my knowledge. - Don: To your knowledge,

would she have any reason to know

there was an axe in your garage?

No.

Your wife, of course, knew...

the axe was in your garage.

Yes.

(insects chirping)

Bob: You might as well have been a defense witness.

Allan: I was under oath. I had to tell the truth.

Pity you don't remember the oath that you took with Betty.

- (Allan inhales) - (clock ticking)

Well, that's not fair.

She's dead, Allan.

She got chopped up with an axe.

Which never would have happened

if you hadn't cheated on her.

And the woman who did this?

You helped her today.

I mean, was that the plan?

No, it was not the plan.

You looked at that bloody axe

and you had no reaction.

You showed no remorse.

♪ ♪

Betty's dead.

Why doesn't that bother you?

W-We weren't getting along too well.

(indistinct chatter)

Shelby: I still think they were in on it together.

He probably told her exactly where she could find that axe.

(laughs)

(stomps foot)

(quietly) Stop your nonsense.

Well, honest to God, Sherry, sometimes I wonder

if you were in on it, too. The way you protect her.

I said stop your nonsense,

and I mean it.

(patrons quietly murmur)

- (Sherry sighs) - This way, ladies.

Shelby: Okay. Thanks.

(sighing)

- (insects chirping) - (shuts oven)

Oh, my goodness. This may be my best batch yet.

- Get some butter on them while they're hot. - (Ian gasps)

-What else did he say? Don. About how it went. -Well, I told you,

Don's not much talkin' to me.

- (puts down tray) - Yeah, why?

Because he evidently likes to keep his distance

when the actual trial starts.

But, Robert said it went very well.

Can I have a popover before grace?

No, you may not,

but let's get grace over with before that popover gets cold.

(sighs) We'd like to thank you, dear God,

for this food which we are about to receive,

and thank you for your love.

And for givin' me strength. Amen.

Family: Amen.

(cutlery rattling)

I don't understand why I can't be in the room.

Because the judge said so, Pat.

Do you not listen?

No witnesses or potential witnesses, which you would be.

So, can we now just try and enjoy our supper,

which happens to include some of my finest popovers ever?

Can I ask one trial question?

Mm-hmm.

Is it hard?

♪ ♪

Yes, sweetie. It's very hard.

But, life is sometimes

'cause it's meant to be.

And we forge on.

(singing) ♪ Onward, Christian soldiers ♪

Right?

We forge on.

- (fork clatters) - Richard: We first saw the blood in the bathroom,

and then we heard the baby.

Bethany.

She was in her crib,

crying, covered in her feces.

She'd been there a long time.

Jerry McMahan: The door was partially open,

so I looked inside and, and I saw.

- (muffled scream) - There was blood everywhere.

A massive amount of blood.

I saw her foot, the body, and an axe on the floor.

Mostly just blood.

Richard Parker: On the walls. The floor.

Lester couldn't tell Allan, so I did.

She left the church around 9:30.

She got back around 11:30.

Said she'd been at Betty's and lost track of the time.

She had on a dark brown shirt,

jeans, and blue sneakers.

She seemed normal when she got back.

A little flustered over missin' the puppet show,

but, other than that, she was just regular Candy.

Cynthia: We cleaned the house the day after,

me and some of the other neighbors.

- We didn't want Allan to arrive home and see it that way. - (testimony echoing)

(continues echoing)

(dramatic crescendo)

- (reporters yelling) - (shutters snapping)

-Reporter 1: Mrs. Montgomery! Mrs. Montgomery! -Not right now, folks.

Please. Thank you.

Excuse us. Not right now, folks.

(reporters continue yelling)

Reporter 2: Mrs. Montgomery!

Do you have anything to say for yourself?

- Excuse me. - (shutters snapping)

(distorted echoing)

(echoes swelling, stop)

- (muffled reporters yelling) - (sighs)

What the hell are you on?

I don't know what you mean.

Don't lie to me, Candy.

You're takin' somethin'. What is it?

Serax.

It helps with my nerves.

Don: You need to understand somethin'.

That kind of carnage?

Prosecution aims to depict you as inhuman.

You looking like a zombie plays right into their hands.

Do not get cross with me.

Don: Do not get cross?

It's the newspapers that are callin' me

a zombie and a monster.

And they all want me to break down

and act like one, don't they?

They would all just be so thrilled if I jumped

up and down and screamed.

(muffled yelling continues)

I will not be giving them that satisfaction.

Don: If you look shut-down and robotic,

- you go to jail. - Well, I have to hold it together.

Otherwise...

(inhales sharply)

(both sigh)

No more Serax, Candy.

The jury needs to see you as human.

Vulnerable.

They won't find in your favor unless they want to.

If you need to cry, cry.

But unfeeling buys you prison.

I thought you weren't gonna talk to me once the trial started.

- (keys rattle) - That's the last thing I'm gonna say.

(starts engine)

- (reporters yelling) - (honking)

(honking)

He's probably not wrong.

- (exhales) - The jury needs to see you as human.

That's not possible.

If you had any idea what was being said.

Oh, well, I-I wish I could be in there.

Well, I'm glad you're not because...

I don't think that I could look at myself through your eyes

if you were hearin' what was bein' said.

As bad as what the newspapers are sayin', it's...

(inhales deeply) Well...

(insects chirping)

♪ ♪

You never told me...

what you thought...

after Don told you on the phone...

what happened.

I can't imagine what you must think.

I'm not sure I want to.

(inhales)

I'm just...

grateful...

that it didn't go the other way, you know?

I mean, Betty was bigger than you.

It could have easily gone the other way.

♪ ♪

It's okay to be a little bit broken,

- Candy. - (scoffs) No, it's not.

Because if I let myself be that,

I might never get back.

I'd never be unbroken.

Tomorrow's gonna be a lot worse.

All the police detectives.

(sighs)

(both sigh)

You just have to be...

strong.

There was a time when I thought

that this was it, you know?

Everything.

Just to be able to stand underneath the stars.

A home.

A family.

And people go lookin' for somethin'.

They don't even know what it is. They just... want.

And they go lookin'.

At the end of some rainbow, maybe.

(inhales)

♪ ♪

Pastor Ron (on TV): The Lord is not just my shepherd,

but he is also Candy Montgomery's.

It comes down to goodness and mercy in the heart.

There is both in the heart of Candy Montgomery.

Damn, that's a good pastor.

Don (on TV): Look, I can't discuss the case, so I won't.

Reporter (on TV): Well, should you be talking to us at all?

Don (on TV): I can talk about the weather.

I can talk about the Dallas Cowboys.

Not like the judge has a problem with free speech.

After all, he's a judge, right?

- Far as that gag order, I... - Why are you baiting him?

Fat fuck. If he holds me in contempt again,

I can argue bias on appeal.

Get a new trial on grounds of "fat-fuck-ism"!

Only thing is we're not losin'.

They didn't even nick us today.

Tomorrow will be tougher.

(exhaling)

- (police siren wails) - (crowd chatter)

♪ ♪

(shutters snapping)

Chief Abbott: It was pure carnage.

That's why I called in so much backup.

The first thing I noticed was all the blood.

All dried and congealed.

- Caked. - Abbott: Clotted.

And dried.

Means it had been there a while.

Many, many hours.

It was obvious there was a big struggle.

You have no idea who attacked who first?

I do not.

Mrs. Gore took part in the fight?

She had defensive wounds, so yes.

But whether she held the axe...

Don: You solve all the crimes, you investigate, Chief?

- No, sir. - Don: Some are carried out

with more care than others. That fair to say?

- Of course. - Don: Not a lot of care in this one.

Well... (nervous laugh)

- There was blood all over. - A lot of blood.

There were fingerprints left by the killer.

There was hair left, Candy's fingernail...

- The murder weapon. - And the body.

- (chair scrapes) - (fans creaking)

If... If Candy Montgomery planned

to murder Betty Gore,

can you imagine it

being carried out more ineptly?

Probably not.

And if somebody was intent on killing somebody

and not getting themselves killed in the process,

would using an axe

be one of the better... death instruments

to accomplish that task?

- No, sir. - No, sir.

A killing done in broad daylight,

with Candy's car parked right out front.

Fair to say if she wanted to get away with it,

she did a terrible job. Fair to say?

- Fair to say. - Fair to say.

Clearly, this is no longer a whodunit but a why-dunit.

Reporter 1: Did they wanna get back together?

Did she want him all for herself?

Why did she keep swinging long after Betty Gore

was neutralized?

Hammering her with that big axe.

Reporter 2: While the defense keeps hammering self-defense.

Whatever the defense, they've got a big, big problem.

- Don: Forty whacks. - (tapping)

Self-defense doesn't explain 40 whacks.

(muffled reporters yelling outside)

There's a reason they're savin' the pathologist for last.

He's gonna paint a grisly picture,

shock the shit outta the jury.

And it's no coincidence

they're puttin' him up right after lunch.

All it takes is one juror to vomit, and it's...

life in prison.

Why aren't they attacking us more in our theory?

I don't get it.

It's like their rope-a-dopin'.

Associate: It's possible they don't want to even dignify it.

Forty whacks, like you say,

they're gonna say self-defense is preposterous.

He seems nice.

The prosecutor.

♪ ♪

Excuse me?

He seems like a nice man.

Candy?

Did you take Serax again?

(sighs)

Oh, my fucking God.

I need to hold it together.

Try and get this.

The prosecution is probably going to rest today.

Which means you could be taking the stage

as soon as tomorrow.

Your head needs to be clear.

And focused.

Otherwise,

you're going to jail.

(indistinct chatter)

♪ ♪

(echoing) Would you be interested in having an affair?

It's just somethin' I've been thinkin' about,

and I wanted to say it so I don't have to think about it anymore.

Betty (whispering echo): Bye, Dada.

O'Connell: I have here exhibits marked 22 through 29.

As I pass them for the jury to see,

I'd like you to go through your external examination

with respect to the injuries you observed.

Dr. DiMaio: Of course. Starting with the right hand,

there was multiple chop-like wounds.

Incision wounds on the right forearm,

running five inches in length.

Chop-like wounds on the left upper arm,

extending into the musculature

from the top of the right shoulder in the back,

extending five inches down into the back.

The right thigh had two parallel gaping chop wounds.

The right side of what was her face.

- Irregular, gaping, multiple fractures. - (muffled scream)

The right eye had collapsed into what would've been the sinuses.

Frontal scalp, right side, a diagonal gape.

Top of the right ear, running across the top of the head,

a wound measuring 10 inches in length,

produced by seven chop wounds going through the bone

into the cranial vault.

Top of the head, a C-shaped wound

with the open point of the C directed downward.

Evidently, that blow was produced from the top down.

So, six cluster wounds on the right side,

which could have caused death.

The crater in the back of the head

that went through to the brain cavity

that could have caused death.

The wounds that ran across the top of the head

could have caused death.

And also, some of the glancing blows could have caused death

by producing some hemorrhage inside the cranial cavity.

O'Connell: And, Doctor,

does the term "defensive wound"

have any significance in the practice of your profession?

They're defined as wounds to the extremities.

Arms and legs.

It's usually the back of the hands.

Can be the palm of the hand or the back of the forearm,

or the back of the arm, that a victim received

as they tried to ward off a weapon.

Would those wounds on the arms and the wrists

and the forearms indicate defensive-type wounds?

- Yes, sir. - Mrs. Gore was trying to protect herself?

- Yes, sir. - O'Connell: And, Doctor,

in your testimony, you said,

"On the right side of what was her face."

- What did you mean by that? - Half of her face.

(murmuring)

The right side was nothing but a mass of tissue and blood.

The eye socket and cheekbone had been crushed into mush.

So, face, there...

there really was no face.

And, Doctor, are you able to determine

whether wounds are inflicted pre or post-mortem?

♪ ♪

- Yes, sir. - How are you able to tell?

Well, once you're dead, you have no more blood pressure.

When the heart stops, there's no bleeding.

The body can leak, but that blood

won't get into the tissue, causing it to discolor.

Now, if this occurs while the victim is alive,

this blood will get into the tissue,

essentially like a bruise.

O'Connell: With respect to Betty Gore's autopsy,

can you make any such finding

as to if any of those blows occurred after death?

There was only one wound,

and that was on the back of the right forearm.

So, for all those other wounds you just described,

- Betty Gore was alive? - Yes, sir.

As Candy Montgomery swung that axe

over and over and over and over,

for almost all of those 40 swings,

Betty Gore was alive?

Yes, sir.

Is it fair to say she suffered?

What do you think?

- Objection. - Sustained.

O'Connell: Doctor, according to your medical report,

there were two cranial wounds which were pointed at the top,

but squared off at the bottom.

- Yes, sir. - Can you explain that?

The only explanation is that the axe would've become stuck.

The killer would've had to wiggle it back and forth

like a woodchopper on top of a split log.

She would have had to wiggle it to remove it from the bone

to then continue swinging.

How do you know she resumed swinging again?

Dr. DiMaio: Because there was another blow that went even deeper.

That had to happen right after.

That went directly into the cerebellum.

♪ ♪

O'Connell: This killing, Doctor,

have you ever seen anything like it before?

Never.

I pass the witness.

(papers crinkle)

Mr. Crowder?

Mr. Defense Counsel, this would be where you get to talk.

- (chair scrapes) - (Don clears throat)

You testified that for most of these blows,

- the victim was alive? - Yes, sir.

Which means her heart was beating?

Yes, sir.

Does that mean she was conscious?

Not necessarily.

In fact, for...

the kinds of blows we're talking about

on the top of the head,

there's a likelihood...

(echoing) that for much of this,

she was unconscious.

(normal) True?

- Could be true. - (chair creaks)

Don: Chief Abbott and Dr. Stone testified...

(echoing) that a great struggle took place

between Candy Montgomery and Betty Gore.

Do any of your findings dispute this?

No.

(normal) And from your examinations,

are you able to make a determination

- as to who attacked who first? - No.

Don: Are you able to exclude the possibility...

(echoing) that Candy Montgomery was attacked by Betty Gore,

and that Candy acted in self-defense?

Dr. DiMaio (echoing): There is no way of me knowing that.

(normal) Which means you can't rule it out.

No.

(quiet murmuring)

Nothing further.

(inaudible)

Prosecution rests, Your Honor.

(door opens)

- (door shuts) - Mr. Crowder,

you may call your first witness.

♪ ♪

(sighs)

As the hour is late, Your Honor, uh,

we would ask that we begin in the morning.

The hour's not that late. Call your first witness.

Approach, Your Honor?

(quiet murmuring)

Your Honor, my first witness is Candy Montgomery,

and she's not ready to testify.

Why not?

Don: She took some medication

in order to calm her nerves.

She's gonna need some time.

I'll give you 10 minutes.

♪ ♪

(echoing, muffled) She's gonna need more than that.

We should wait and go tomorrow.

Judge Ryan (echoing, muffled): Counsel, you got 10 minutes.

Tick...

Tick...

Tick...

(normal) Tock.

("Dance to the Music" by Sly & The Family Stone playing)

♪ Dance to the music ♪

♪ Dance to the music ♪

♪ Dance to the music ♪

♪ Make way! What? ♪

♪ All we need is a drummer ♪

♪ For people who only need a beat ♪

♪ Yeah ♪

♪ I'm gonna add a little guitar ♪

♪ And make it easy to move your feet ♪

(funky guitar riff)

♪ I'm gonna add some bottom ♪

♪ So that the dancers they just won't hide ♪

♪ Dance to the music, yeah, yeah, yeah ♪

♪ Dance to the music ♪

♪ Dance to the music ♪

♪ Yeah! Yeah... ♪