All language subtitles for Presumed.Innocent.S01E07.The.Witness.720p.ATVP.WEB-DL.DDP5.1.H.264-NTb

Ray, Ray, Ray? You
okay? Hey, hey.

- I'm his wife.
- Hey, somebody call an ambulance!

Did you call an ambulance?

Loss of consciousness
upon arrival.

- Sensing erratic pulse.
- IV started in the right arm.

Okay. Let's make sure his
O2 is at eight liters.

He's gonna need a 12-lead EKG, a
full blood panel, CBC and cross.

He's going into V-tach,
check his pulse.

We've lost the pulse.

- Hey, honey.
- I'm home with the kids.

How is he?

He's still in surgery.

- As Raymond Horgan...
- Okay.

- I'll keep you posted, okay?
- Okay.

- I love you.
- Yeah. Bye.

...after suffering from an
apparent cardiac arrest.

- Definitely an unexpected turn of events.
- God.

We're not hearing at all if this trial
is actually going to continue at this point.

Rae, is there any precedent at all
for this type of thing happening?

A defendant jumping in and
saving his attorney's life?

You know, it typically
works the other way around.

But to answer your
question, there's no rule.

It's up to the judge.

And given the one we have here,
I'd say anything goes at this time.

Okay, so if it's a mistrial,
they do it all over again?

It seems so.

This is so fucked.

...pandemonium there
at the courtroom.

I'm guessing it's the same way
over at the emergency room.

Hey, you want
something to drink?

You want some water or
something like that?

Yeah.

- Yeah, thank you.
- Yeah?

Lorraine, I just want
to say I'm so sorry.

And if there's any
way I can help...

I know that rings hollow...
but whatever I can do...

- Thank you.
- Yeah.

- Okay.
- Thanks.

- Mrs. Horgan?
- Yeah?

- Mrs. Horgan?
- Yeah.

He's gonna be okay.
Improved, even.

- Really?
- It wasn't a coronary.

- It was a bradycardia.
- Oh, my...

It's an electrical issue that slowed
his heart rate down to a near stop.

We gave him a pacemaker.
There's no neurological damage.

- He'll walk out improved.
- Thank you, Doctor.

So he's gonna be okay?

- He's gonna be all right, fine.
- Yeah.

Better. He's in
recovery right now.

He'll be in his room in a few hours
and you'll be able to see him then.

Oh, my God.

- Thank you.
- Yeah. You're welcome.

Yeah?

We got a problem.

Yeah, we got a problem.

The jury just saw
Rusty go all hero an...

We need to move for a mistrial.

- What?
- Yeah.

- We...
- We're winning.

- I'm not so sure of that.
- A mistrial and he walks.

- No. We don't know that.
- Yes, we do. Come on.

Second time through,
he's gonna know our hand.

Think about this. As lying,
cheating psychopaths go,

- he's a pretty charming guy, right?
- It doesn't...

And he just saved a human
life in front of the jury.

It can also be argued that the
jury just saw him act impulsively,

physically in a way
that they saw him snap.

But you have to
just trust the jury.

Know that they're more equipped to
visualize what happened that night

than either of us.

So, the question is, "Now what?"

You can't keep going without your head
counsel this deep into a murder trial.

Maybe they put things on pause?

I'm pretty sure that's
not how it works.

From everything I'm reading
from legal experts, it...

So what are we thinking?

Are we thinking?

Mr. Delay Guardia, you certainly
seem cognitively overdue.

I'm just weighing the
principles of judicial economics

versus those of
fairness, you know?

We recognize, as agents of
the court, that we have a duty

to ensure proceedings are free
of prejudice and undue bias.

What the fuck are
you talking about?

We left law school years ago.

- What are you talking about?
- I'm saying that

we think a mistrial
is justified.

- Well, that's all you had to say.
- We oppose.

You wanna keep going?

I'm prepared to take over.

- Immediately?
- You're gonna take over?

Tomorrow. I'd like a day.

Mr. Delay Guardia?

Sorry.

Yeah. Yeah. The prosecution
stands ready to proceed.

I'd like to represent myself.

I'm sorry?

I'd like to take over as lead counsel.
My appearance is already on record

and Ms. Winslow's experience
is more limited than my own.

- No, a person cannot stand as a witness...
- She can serve as second chair.

...and an advocate in
the same proceeding.

I will not stand as a witness.
I'll stipulate that right now.

You will be a witness. You're gonna
be the most clever witness of all time

'cause you'll get to put your point of
view and your demeanor to the jury...

- My lead counsel is incapacitated.
- ... without facing cross-examination.

I will not offer anything
evidentiary or testimonial.

And may I remind the
court that it is my right.

Then the court will
remind you, Mr. Sabich,

if you even hint at giving
your version of events,

I will allow prosecution to put
you into that witness chair,

where you will be subject
to full cross-examination.

And should you blow
a hole in your foot,

you will not be granted appeal
on Sixth Amendment grounds

of having a fool
for an attorney.

You're gonna go pro per?

So long as he doesn't give
testimony, there's no bar to it.

I understand, Your Honor.

Bad idea.

But you're free to indulge it.

I'll instruct the jury, and we
shall resume tomorrow at 10:00 a.m.

You might wanna rethink.

How can this be? You promised
me that you would shield him.

- We'll do our best.
- You'll do your best?

You'll do your best?

Is no one watching
out for my son?

He will now be cross-examined by the
very man who murdered his mother.

- It is his right, right to represent...
- He's a fucking murderer!

Even for a case involving
such twists and turns,

this is still a shocker.

And, Eleanor, this whole idea of
Rusty Sabich representing himself,

- what are your thoughts on that?
- Mom, this is nuts.

Don't underestimate
your father, honey.

- Not in that room.
- Mom, come on.

- Come the fuck on.
- Honey!

Stop! Stop.

Come on, this way!
This way, please!

All right, I'll
see you in there.

Please excuse my
tardiness, Your Honor.

Mr. Sabich.

Hello, Michael. First, let
me offer my deep condolences.

I cannot imagine the
pain of losing your mom.

You killed my mother.

You used to go to your
mother's house a lot

and just watch?

To see her life. To see the...

the life that she didn't
want you to be a part of.

Yes.

Did she ever tell you why she didn't
want you to be a part of her life?

No.

Did your father ever tell
you why she didn't want to?

No.

Well, that must have
made you pretty angry.

Is that a fair statement?

Not enough to kill her.

Careful.

- Raymond.
- I'm just watching.

That's interesting, Michael, 'cause
in the last few weeks of her life,

you had a number of text
exchanges with your mother.

Did you write her, "It would
be easier if you were dead"?

Did you text her that?

She didn't just hurt me.

She hurt my father.

"Just really fucking mad at
you. You ruined my life. "

Did you text her that?

You wished for her death.

No, I said it would be easier.

People move on from death.

Divorce is harder.

That's what I meant.

Okay. Leave it there.
Just... That's good.

You took this video of me

entering your mother's house
on the night that she died,

and you testified that you
had seen me go there before.

So you were aware that your
mother and I were lovers.

Yes.

The idea that she didn't
want you in her life,

but that she would have affection for
me, that didn't make you hate me at all?

I hate you because
you killed her.

Go easy, Rusty.

So after you took this
video, what did you do?

I left.

And how long after you saw me
enter her house did you leave?

- Pretty much right away.
- And where did you go?

I went home.

Who was at home?

My father.

Just the two of you?

Yeah.

Anybody else?

No, it was just us.

So nobody to vouch
for you but him.

And nobody to vouch
for him but you.

- Objection.
- Overruled.

Did you tell your father that you saw
your mother's lover go into her house?

Please answer the
question, Michael.

I don't remember if
I told him anything.

So it is possible...

it is possible that
you told your father

that you saw your mother's
lover go into her house

the night that she was killed?

I don't remember
telling him anything.

There are a number of
documents that were confiscated

by the police department
on your computer.

And it showed that you had a very keen
interest in your mother's past cases.

You went on some true crime websites
and you were digging for information

that wasn't available
in the mainstream media,

including Bunny Davis.

- Objection.
- Sustained. Ask questions, counsel.

He's got to be careful.

- Did you kill your mother?
- Objection!

How about your father?
Did he kill your mother?

- Wow.
- Tell me you have a good faith basis.

I have grounds to accuse neither
the witness or his father.

How could I possibly?

After the briefest and most negligent
of investigations by the police,

they were both dismissed by
the state attorney's office...

- He's out of control...
- Your Honor!

For the record, did
you kill your mother?

Hey! You sick fuck!

Dad!

- That's enough! Enough!
- Mr. Caldwell, step back.

Are you fucking serious?

- Move.
- Step back, Mr. Caldwell.

You're supposed to
be watching him.

Mr. Sabich, were you scared when
Dalton Caldwell came after you?

Can the prosecution recover
from such a misstep?

Were the Caldwells
in this together?

Why do you think so many loose
ends weren't investigated?

You know, Raymond used to have
this saying when a case went south.

He'd say there's medium-rare fucked,
there's medium-plus, there's well-done.

I think we might be
well-done fucked.

He came off as desperate.

He's pointing the finger
at everyone but himself.

All right.

All right. All right.

So they established that somebody with
hatred toward Carolyn Polhemus was

at the scene who may have known
details of the Bunny Davis case.

They pinged Liam Reynolds

and then the father,
who went fucking psycho.

So we... we... Rigo.

- We call fucking Rigo.
- Rigo?

- No, Rigo is firmly in Rusty's camp.
- Yeah.

So was Eugenia. It's all about
asking the right questions.

- Rigo hates me.
- She doesn't hate me. I can take her.

- No.
- Yeah.

- Yeah. Yeah.
- No.

No, I'll tell you why.

'Cause if we don't,

we're well-done
beyond-a-reasonable-doubt fucked.

- What is Rigo going to say?
- I don't know.

No, come on. Bullshit.
You two are friends.

- Just tell me what she's go...
- No, you two are friends.

She is gonna testify to what?

Probably as to what I saw, Rusty, and
what I'm fucking seeing right now.

What does that mean?

You're fucking going rogue, like
you are right here, right now.

Wh...

You know I didn't want
to testify, right?

I know that you know that.

Oh, my God.

Did I get this
whole thing wrong?

- Did I get...
- What do...

Carolyn was a drug.

You had an addiction.
Addictions destroy lives.

God. It's one thing
to destroy you,

but you weren't about to
let her destroy your family.

Oh, my God. I think she
told you that night...

that she was gonna keep
the baby, didn't she?

Did she tell you that she was
gonna keep the baby that night?

She was gonna keep that kid.

- Your kid.
- Get out of my car.

Get out of my car.

Liam Reynolds was not involved
in Carolyn Polhemus's murder,

and yet the two of you went back
to prison to see Liam Reynolds.

- Is that right?
- We did.

Why?

We'll let Rusty tell us.

Even if you did
have Carolyn killed,

it could work in your favor.

You'd have to have an accomplice, which
means you'd have something to trade.

Okay, so just imagine,

right now, you're serving a life
sentence for killing Bunny Davis.

But by pointing us to Carolyn,

you could possibly see the
street again, you know?

Or even if you had a
hand in the murder too.

Now that is perversity.

So, just to be clear, you're
telling me incriminating myself...

- If you had an accomplice.
- ... in a prosecutor's murder,

- could lead to my freedom?
- Yes.

What's certain is that you are currently
serving a life sentence without parole.

And I am offering you an
opportunity to change that.

Oh, God.

This is beautiful.

No! God Almighty.

I just... I had no fucking idea.

You're desperate.

A reduced sentence in return for
confessing to Carolyn Polhemus's murder.

I wasn't present. I didn't
know he was gonna do that.

Did you take issue with
this attempted bribe?

Objection!

- Sustained.
- I apologize.

Did you take issue
with this approach?

I did. When he told me what happened, I
said I thought he way crossed the line.

Yeah.

And did he respond?

Yeah, he said something
to the effect of...

It's my life on the line.
I'll do whatever I have to.

What a hero.

When you were first assigned
this case by the defendant,

were you given any particular directives
as to the collection of evidence?

All evidence, forensics and otherwise,
was to go straight to him and only him.

And were you given any
particular directives

as to whom the evidence

and the forensics and otherwise
should be particularly shielded from?

Mr. Molto and you.

That's disappointing.

Your witness.

Here we go.

I was desperate to prove
my innocence, at all times,

of charges that I felt
wrongly accused of.

Is that a fair statement?

Okay.

And I steadfastly
maintained my innocence

in the death of Carolyn
Polhemus at all times.

- Did I not?
- You did.

And in your experience, Detective, is
it unusual for a prosecutor to ask you

to keep information
between the two of them?

In my experience, no, it's not.

And you're aware that I asked you to
keep the evidence between the two of us

precisely because
I did not trust

that Mr. Molto or Mr. Della Guardia
would conduct a fair investigation.

Is that also a fair statement?

Yes.

Thank you.

- Hi.
- Hey.

How are you doing?

Yeah, you know, they...

they pulled up two
witnesses to assert my...

And I was a little too zealous
in my assertion of my innocence.

You know, whatever. So what?
Case is still good. We're good.

You went back to using these?

I mean, I need to focus.

How am I supposed to do that?

You just should've
told me, Rusty.

- So good. So good. Yeah.
- Oh, yeah. Thank you.

All rise.

The court is now in session.

The honorable Judge
Lyttle presiding.

Be seated.

Okay then, Mr. Molto.

Does the State
have anything else?

Yes, Your Honor.

The People call Rusty Sabich.

What the fuck was that?

Well, since Mr. Sabich insisted on
testifying through Detective Rodriguez,

it's only fair that he be sworn
in and subjected to cross.

I didn't hear an objection.

I didn't feel the need to, as
the court made it very clear

if the defendant even
hinted at his version...

No, I did not testify.

I cross-examined a
witness that you called.

But you went beyond the
scope of our direct.

You asserted your innocence.

You called the witness

and you called the detective to
establish my guilt and my dishonesty,

and my cross went to my
truthfulness and innocence,

well within my scope of direct.

You gave your version.

I warned you, should you
even introduce even a morsel

of something that's
not in evidence...

You did exactly that.

All right, you got two choices.

You want a mistrial,
I'll give you one.

No questions asked.

I won't force you to go on. But if
we do go on, you get in that chair.

You opened the door on this.

Take the mistrial, Rusty.

I'll testify.

- Mya, they wanted a mistrial.
- The fuck was that?

- They know they're losing.
- No.

- That's why they called me!
- Maybe.

Or maybe they wanted to
get you on the stand,

where you'll be an
easy fucking target.

Fine, put me in
the witness chair.

Fine. Let's have
Molto's narcissism

- on full display.
- Why?

And yours won't?

What is that supposed to mean?

Did you do it on purpose?

- What?
- Open the door.

- What do you think...
- You introduced testimony.

- Did you do it on purpose?
- No...

Why would I do that?

'Cause you're Rusty Sabich, and you
can do whatever you want, right?

Mya, maybe... just maybe...

I did it because I know
what the fuck I'm doing.

I don't think so.

I'm done.

So, Rusty Sabich is expected to
take the stand in his own defense,

which means that he'll not only be
a defendant, he'll be an advocate.

He's also gonna be
a witness as well.

What?

He is not going to be
having a second chair,

which means that he is
going to be flying solo.

A lot resting on his
shoulders in this trial.

It feels like Sabich has really
found himself backed into a corner.

And I don't know if anything
short of a miracle...

Oh, God, Rusty.

...is going to be able
to get him out of it.

In other news...

Pills. What kind of pills?

- He's taking Ritalin.
- Are you serious?

Yeah, I heard Mom on the
phone with her therapist,

and I guess he's taken
it before for big trials.

Makes him sharper.

Yeah.

And he's taking it now
before he testifies tomorrow?

Yeah, it's fucking stupid.

Is it possible

to have some of that
Rusty Sabich fairy dust?

I don't know if it's
something I can give you.

...of course I wanted to talk to
her, but I swear nothing happened...

I needed to see her and
tell her that it was...

that it was over.

I needed her to know that...
I'm sorry, I'm sorry.

Please tell me you didn't
spend the whole night here.

No, I came in early.

All right. You ready?

Yeah, I'm ready.

Great. So, big day.

I was just thinking about law
school and how hard we worked.

Yeah, just give me one day, Nico. One day,
when I can just say it was all worth it.

Today is that day, Tommy.

It is like Crime Junkie 101.

You don't take the stand
in your own defense.

Well, he didn't, right? The
prosecution called him...

How do you represent yourself
without looking like a schizophrenic?

Something that could create
doubt in the minds of the jury.

Oh, fuck.

Hey.

Hello, Mya.

Good luck today.

I just wanted to say the key
is to not let him rattle you,

which will be his intent.

To get you to flare.
You can't take the bait.

Thank you, Mya.

Am I allowed to give
more general advice?

Can I say that I'm sorry first?

Apology accepted.

Maybe you were right.

I'm always right.

Don't let him let
you be an asshole.

It would not be good for the
jury to see you in that light.

Don't cede to them on anything.

- I'll be there, Rusty.
- Okay, someone's here.

- I gotta go. Thank you, Mya.
- Okay.

Hey.

- What are you doing here?
- Doctors cleared me.

You need me.

Are you sure that it's safe
to be in the courtroom?

Really. Doctors, they
say I'm good. You?

Yeah.

Do you swear to tell the
truth, the whole truth

and nothing but the
truth, so help you God?

- I do.
- Have a seat.

Mr. Sabich...

you stated that you
maintained your innocence

at all times with
Detective Rodriguez.

- Correct.
- And that was truthful?

It was.

You were truthful with
her about everything?

I did not disclose my
relationship with the victim.

Did you disclose to her

that you were present at the
victim's house on the night of?

- Eventually.
- Eventually?

So when you first assigned this
case to Detective Rodriguez

in your capacity as
Chief Deputy Prosecutor,

did you tell her that you were present at
the scene of the crime on the night of?

I did not.

Did you tell anyone that
was connected to the case?

I did not kill her.

Are the first 48 hours the most
important in any investigation?

And would it have been
helpful for the police

and the investigatory team to
just know that you were there?

You made your point, Tommy.

I did not disclose my presence.

- Were you in love with her?
- I fell in love with her.

Is it fair to say you
were obsessed with her?

I was in love with her. As to
what qualifies as obsession...

Sending 30 texts or emails on
or near the day of her death.

- Would that qualify?
- I was in love with her.

On the night of her death, you went there
hoping that she would take you back?

I did.

Did you send these texts in
the hours before her death?

"This is not right.
You can't do this.

I'll not let you treat me this
way. Answer my fucking calls. "

- You sent those?
- I did.

And how about this one?

"I want to spend the rest
of my life with you. "

Did you send Carolyn that text?

Did you tell her you wanted to spend
the rest of your life with her?

I was in love with her.

- Were you angry with her?
- I was frustrated.

Frustrated, like this text?

"Answer my fucking calls.

Who the fuck do you think you
are, treating me this way?"

Is that frustration or
would that qualify as anger?

It would qualify as passion.

And passion can blind a person.

And I certainly lost sight of the things
that were most important in my life.

My wife and my children.

Passion is a dangerous drug.

One that you're not
immune to yourself, Tommy.

So consumed with
trying to take me down

that you have lost sight of the
fact that you have no real evidence.

Yes, I was in love with her.

Yes, I did not disclose my
presence, but I did not kill her.

- Did you strike her with a fire poker?
- I never hit her.

I am not a violent person.

Mr. Ratzer, could
you please stand?

Have you ever encountered
this person before?

There is a context to that.

This is footage from the
adjacent house to yours.

The two of you, correct?

Does that fairly and
accurately capture the context?

Your Honor, this
is unfair surprise.

Offer to impeach.

The witness just testified
that he's not violent.

I'll allow it.

He came to my house uninvited.

He trespassed and
he intimidated me.

So you beat him up?

I am guilty of acting
out of desperation.

It caused me to hide my
relationship with Carolyn Polhemus.

It caused me to zealously pursue

an admission from Liam
Reynolds in her death.

It caused me to lash
out at Brian Ratzer.

By the way, when
he came to my house

and he violently banged on my
door when my daughter answered.

Am I volatile? Yes.
Yes, I'm volatile.

A person I loved was brutally murdered.
And I have been charged with that crime.

And circumstances like that can
bring out many things in a person,

desperation being one of them.

Weakness, emotional instability.

And I apologize for
all of those things.

I am guilty of all
of those things.

But what I am not guilty of
is killing Carolyn Polhemus.

I did not take her life.

Yeah. What about Dr. Kumagai?

Did you ever try to strangle
our chief medical examiner?

- You want me to repeat the question?
- No, I heard the question.

It was brought to my attention that he
had concealed evidence in another case.

I mean, or at least improperly
failed to make me aware of it.

And so things got heated
between the two of us and...

I regretfully got physical.

You regretfully
tried to choke him.

No, I did not choke him.

Okay, when tempers flared

- and you grabbed him by the throat...
- By the lapel.

Okay, when tempers flared and
you grabbed him by the lapel,

did you decide to do that
or did you just snap?

I'm not sure what
the question is.

Did you decide to do that
or did you just snap?

How about Mr. Ratzer, when you repeatedly
punched him as we saw in the video?

Did you decide to do that
or did you just snap?

He would not leave.

What would you do?
What would you do?

So you snapped.

Tommy, over here!

Hey, look at me. Look at me.

That was extraordinary.

This is torture.

It's fucking torture.

I just spend all my
days lying to my family.

When I'm with them, all I
wanna do is be with you.

The rest of your life, huh?

I don't remember writing that.

Just a line?

Dare I ask, what now?

Hey.

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