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DOWNLOADED FROM WWW.AWAFIM.TV
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[chattering on radio]
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He must've put it there. Who else?
4
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You think Rusty put it there?
5
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Well, who else would be desperate enough?
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00:00:37,600 --> 00:00:40,061
Are you-- Are you okay, Tommy?
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No.
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[meows]
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She's freaking out,
but I'm gonna take her upstairs.
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[phone vibrating]
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Hey, what's up?
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What?
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[Laryn] It's been to the lab, tested?
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[Tommy] Yeah. No DNA or fingerprints.
Looks like it's been scrubbed.
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00:01:44,959 --> 00:01:48,463
And how do we know that
this is actually Carolyn's fire poker?
16
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We don't. Perhaps you do.
17
00:01:51,633 --> 00:01:53,426
- Fuck you.
- And then there's this.
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[Raymond] This proves nothing, Tommy.
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[Tommy] It's probative of someone trying
to intimidate me or incriminate me.
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Somebody's contempt for me.
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It's evidence of someone's desperation.
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[Laryn] Are you saying
you wanna introduce it?
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How can I? There's no chain of custody,
uh, it doesn't exculpate,
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it can only be authenticated
as being "a" fire poker, not "the."
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- [Laryn] Mmm.
- Well, what about the housekeeper?
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Can she identify it?
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Well, we brought her in.
She says it looks the same,
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it's from the same set,
but that's all she can confirm.
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[Laryn] And you said
your place was fully processed?
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Yeah. No DNA or prints. It's meticulous.
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[Raymond] Forced entry?
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No, I leave the side door open.
I have a cat.
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Sometimes if I'm working late,
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I have the neighbor come over
and check on her.
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You have a cat?
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- Yeah.
- All right. All right. Let me think.
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I'm happy to call it off. Again.
Declare a mistrial.
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Anybody have a thought?
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The prosecution is fine to proceed.
40
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We just think the jury should
be kept abreast of the situation.
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00:02:58,116 --> 00:03:01,619
We can let them know that
it should not be considered as evidence.
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00:03:01,619 --> 00:03:03,037
What about Caldwell?
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Why would Caldwell want
to frame Tommy? [stammers]
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- [Rusty] Because you pissed him off--
- [Nico] To get you off the hot seat.
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[Raymond] Your Honor, I'm going to need
a moment with my client. Thank you.
46
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- Thank you, Your Honor.
- [Nico] It's a stupid question. Sure.
47
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Did you question him? That's all I ask.
48
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Rusty, calm down. Rusty--
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[stammers] It's just-- [sighs]
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Calm down.
51
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We do not want this in,
not so much as even mentioned.
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With or without instructions.
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00:03:30,106 --> 00:03:31,816
But it could plant some doubt.
54
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Why would Tommy come forward with this
if he wasn't being truthful?
55
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It's not like him being in possession
of the poker exactly helps his case.
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00:03:41,117 --> 00:03:44,662
And with a note, "Go fuck yourself"?
This feels like a plant.
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00:03:44,662 --> 00:03:47,457
When was the last time
you as a prosecutor said,
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"Hey, I found the murder weapon
in my kitchen."
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00:03:50,752 --> 00:03:52,253
[Mya] Yeah, I agree. This doesn't help.
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00:03:52,253 --> 00:03:56,090
Plus which, if we wanna maintain
Liam Reynolds as a-- as a possibility,
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00:03:56,090 --> 00:03:58,468
- this skews that narrative. You would--
- Okay, so now y--
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00:03:58,468 --> 00:04:00,094
now you want to maintain Liam Reynolds?
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00:04:00,094 --> 00:04:02,889
- He would have no motive to frame Tommy.
- We should at least question Caldwell.
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00:04:02,889 --> 00:04:04,933
- Why would he target Molto?
- I would--
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Who knows? Who cares?
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00:04:08,645 --> 00:04:10,438
It's-It's not about the truth.
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It's just about
establishing reasonable doubt.
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Listen to me.
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00:04:16,110 --> 00:04:21,324
If this jury thinks that it was planted--
which they probably will--
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they're not gonna think Caldwell,
they're gonna think you.
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So they plan on making no mention
of it whatsoever?
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I mean, it's not admissible evidence,
you know, which may be just as well.
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Could look bad for me,
since I would have motive.
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But what if it leaks to the media?
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- I mean...
- [sighs]
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...you know,
if it's beneficial to the prosecution,
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then why wouldn't Tommy leak it?
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00:04:51,229 --> 00:04:53,189
Look, if it gets out,
we're probably back to a mistrial,
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00:04:53,189 --> 00:04:55,608
which I don't think he wants, you know.
I mean, he thinks he's winning.
80
00:04:55,608 --> 00:04:58,486
And you're saying they don't even know
if it's the actual poker.
81
00:04:59,696 --> 00:05:00,905
It is.
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00:05:00,905 --> 00:05:06,202
There's, like, a chip in the handle.
I recognized it.
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00:05:07,537 --> 00:05:09,330
- Did you tell them that?
- No.
84
00:05:10,039 --> 00:05:12,208
I actually used it there once
to make a fire.
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00:05:12,208 --> 00:05:14,419
Thank God my prints weren't on it. [sighs]
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00:05:17,881 --> 00:05:19,465
- [Kyle] Hey.
- Hey.
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00:05:21,843 --> 00:05:22,719
What's wrong?
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Can you take this out? I'll be right out.
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Yeah.
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[pathologist] If a person ate and died,
say, within 20 minutes,
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00:05:36,691 --> 00:05:38,902
most of the food would still be
in their stomach.
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00:05:38,902 --> 00:05:42,822
Some could move to the duodenum,
the gateway to the lower intestine.
93
00:05:42,822 --> 00:05:47,118
And was there any food
in Carolyn Polhemus's stomach
94
00:05:47,118 --> 00:05:49,204
- when she died?
- There was not.
95
00:05:49,204 --> 00:05:51,956
And how long does it take
for the human stomach to empty?
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00:05:51,956 --> 00:05:55,627
For fluids and semifluids,
they leave the stomach rather quickly,
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under two hours.
For proteins and fats, about 2.5 hours.
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Rice and beans, about three.
99
00:06:04,010 --> 00:06:07,472
The receipt, stamped 8:27 p.m.,
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00:06:07,472 --> 00:06:11,684
shows the kung pao chicken
and crab rangoon
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00:06:11,684 --> 00:06:16,606
was delivered to Ms. Polhemus's address
at 8:55 p.m.
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00:06:16,606 --> 00:06:18,942
- Yes.
- And at time of death,
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- her stomach was completely empty?
- It was.
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And yet Dr. Kumagai found that
she died around 10 p.m.
105
00:06:27,951 --> 00:06:32,288
He's wrong. I would put the time of death
between 1 a.m. and 3 a.m.
106
00:06:32,288 --> 00:06:35,416
How could he have missed by that much?
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[sighs] No idea.
For her stomach to be empty,
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it would need to be
at least four hours after she ate.
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[Tommy clears throat]
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What if she never consumed the rangoon?
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She ordered it, it arrived.
112
00:07:00,859 --> 00:07:03,736
Well, can you rule out that someone else
didn't arrive at around the same time
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00:07:03,736 --> 00:07:05,530
and kill her
before she had an opportunity to eat?
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00:07:05,530 --> 00:07:08,157
There was a half-filled container
of Chinese food in the kitchen, so...
115
00:07:08,157 --> 00:07:10,994
Did you find any evidence
of Chinese food in her duodenum?
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There was evidence of some food
in her duodenum.
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Could it have been her lunch?
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[pathologist]
I suppose anything is possible.
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Can you state to a medical certainty
that the victim consumed Chinese food?
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No.
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00:07:23,298 --> 00:07:24,382
Thank you.
122
00:07:27,302 --> 00:07:28,720
So, just to be clear,
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you work exclusively now
as an expert witness for defense teams?
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00:07:37,896 --> 00:07:40,315
You're given a report,
you give an opinion,
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00:07:40,315 --> 00:07:43,484
and after that, defense lawyers decide
whether to engage you or not,
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00:07:43,484 --> 00:07:46,821
and should you not give
a pro-defense opinion,
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00:07:46,821 --> 00:07:48,823
- you don't get hired?
- I am a professional.
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00:07:48,823 --> 00:07:51,409
You are a professional defense witness
who only gets paid
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00:07:51,409 --> 00:07:52,952
if you give pro-defense opinions,
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00:07:52,952 --> 00:07:56,873
and your opinion today goes to
a time of death based off stomach contents
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00:07:56,873 --> 00:08:00,543
which your opinion assumes
the victim ate Chinese food at 10 p.m.
132
00:08:00,543 --> 00:08:06,341
But you can't state to a medical certainty
or even likelihood that she did.
133
00:08:06,966 --> 00:08:09,260
I have that right? Thank you.
134
00:08:12,639 --> 00:08:14,974
[Raymond] Okay. Let's assume
that we were successful today
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in getting the jury to believe,
or at least consider,
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that Carolyn was murdered at midnight,
or sometime after.
137
00:08:20,855 --> 00:08:25,026
We need to establish that you were home
at that time. Can we do that?
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I can do that. I can vouch for him.
139
00:08:34,202 --> 00:08:35,286
We cannot call her.
140
00:08:36,411 --> 00:08:37,622
Why not?
141
00:08:39,873 --> 00:08:43,962
Because you're biased,
and because you offer an easy opportunity
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for them to repaint your husband
in a negative light.
143
00:08:46,881 --> 00:08:48,049
"Isn't it true, Mrs. Sabich,
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that you didn't know
that he was sleeping with the victim?"
145
00:08:50,552 --> 00:08:52,011
"Isn't it true, Mrs. Sabich,
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00:08:52,011 --> 00:08:55,139
that even after he said
the affair was over, it started up again?"
147
00:08:55,139 --> 00:08:58,101
"Isn't it true that he failed
to share with you
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00:08:58,101 --> 00:09:00,478
that he was there
the night she was murdered?
149
00:09:00,478 --> 00:09:01,771
That he got her pregnant?"
150
00:09:01,771 --> 00:09:04,566
"Did you have an open relationship,
Mrs. Sabich?"
151
00:09:04,566 --> 00:09:06,526
"Does he know everything about you?"
152
00:09:07,318 --> 00:09:08,736
"We all have secrets.
153
00:09:08,736 --> 00:09:11,948
Does he know about Clifton,
friendly neighborhood bartender?"
154
00:09:13,032 --> 00:09:14,117
[Rusty] What the fuck?
155
00:09:16,744 --> 00:09:17,871
Have you been following me?
156
00:09:17,871 --> 00:09:22,584
We sometimes hire private investigators
on the theory that the truth can help us.
157
00:09:24,002 --> 00:09:25,086
Sometimes it does.
158
00:09:29,924 --> 00:09:30,925
We rest.
159
00:09:32,051 --> 00:09:34,012
We have reasonable doubt. Why risk it?
160
00:09:34,721 --> 00:09:35,805
I think I agree.
161
00:09:36,723 --> 00:09:37,724
And I'll close.
162
00:09:39,976 --> 00:09:41,102
Oh, no.
163
00:09:42,395 --> 00:09:44,731
No. On-- On that, I take issue.
164
00:09:44,731 --> 00:09:47,400
- It's my life. I will close.
- [Raymond] Rusty,
165
00:09:47,400 --> 00:09:50,862
you have absolutely no credibility
with that jury.
166
00:09:50,862 --> 00:09:53,448
Why would they believe
a word that you have to say at this point?
167
00:09:53,448 --> 00:09:55,074
I mean, Jesus Christ.
168
00:09:55,074 --> 00:09:57,285
In Maine, where I'm from,
if you went out to feed pigs,
169
00:09:57,285 --> 00:09:59,662
you'd have to get somebody else
to call them. Jesus Christ.
170
00:09:59,662 --> 00:10:04,792
I will close. And let me just say this.
Doubt from a jury, that works for me.
171
00:10:04,792 --> 00:10:08,338
But doubt from my lawyers,
that doesn't work.
172
00:10:08,338 --> 00:10:11,174
And from my best friend,
that doesn't work either.
173
00:10:21,267 --> 00:10:22,560
[sighs]
174
00:10:24,020 --> 00:10:25,313
[Lorraine] You should withdraw.
175
00:10:25,313 --> 00:10:26,814
That's not possible.
176
00:10:26,814 --> 00:10:27,899
Hmm.
177
00:10:28,816 --> 00:10:32,237
Of course it's possible.
If he refuses to follow your counsel...
178
00:10:32,237 --> 00:10:34,781
Judge Lyttle would never let me out
at this point.
179
00:10:34,781 --> 00:10:37,158
It would be deemed prejudicial.
180
00:10:41,913 --> 00:10:42,997
He's not well.
181
00:10:45,583 --> 00:10:50,088
Well or not, innocent or not,
he'll be ready.
182
00:10:53,508 --> 00:10:57,011
Honey, this trial
already almost killed you once.
183
00:10:58,221 --> 00:10:59,347
[chuckles]
184
00:11:01,933 --> 00:11:04,185
After this, I retire. I promise.
185
00:11:04,185 --> 00:11:07,230
- I'll go for walks, mow the lawn...
- [scoffs, chuckles]
186
00:11:07,230 --> 00:11:08,606
...I'll drink ice tea with you,
187
00:11:08,606 --> 00:11:13,069
I will go full Thornton Wilder
and embrace the ordinary...
188
00:11:15,655 --> 00:11:19,075
but we are a long way from that right now.
189
00:11:25,039 --> 00:11:28,710
There's no physical, or forensic
or testimonial evidence.
190
00:11:30,461 --> 00:11:31,796
Nico Della Guardia-- [stammers]
191
00:11:31,796 --> 00:11:33,464
And there's also Liam Reynolds...
192
00:11:36,092 --> 00:11:40,263
Caldwell, other uninvestigated...
193
00:11:40,263 --> 00:11:43,308
...me from-- from the beginning...
194
00:11:43,308 --> 00:11:45,935
...victim. Well, so did I.
195
00:11:47,186 --> 00:11:48,354
[stammers] It's exactly what--
196
00:11:48,354 --> 00:11:53,234
Never in my 15 years of being a prosecutor
for this great city would I ever, ever...
197
00:11:53,234 --> 00:11:55,320
...mistrial, and he told you
that he had feelings for the victim.
198
00:11:55,320 --> 00:11:59,657
Well, so did I. I loved her very much.
199
00:11:59,657 --> 00:12:03,786
I-I-I-I miss her very much,
and I wanna know who did this,
200
00:12:03,786 --> 00:12:06,122
like many people do. And I understand--
201
00:12:07,248 --> 00:12:08,166
Hey.
202
00:12:08,666 --> 00:12:09,667
Hey.
203
00:12:12,337 --> 00:12:14,130
I'm just practicing my closing.
204
00:12:15,089 --> 00:12:17,175
Hmm. I can see that.
205
00:12:18,760 --> 00:12:20,011
Do you need any help?
206
00:12:21,888 --> 00:12:23,223
I took AP astronomy,
207
00:12:23,223 --> 00:12:25,850
so I could probably tell
if something's coming from another planet.
208
00:12:25,850 --> 00:12:27,435
[both chuckling]
209
00:12:29,604 --> 00:12:30,688
Et tu, daughter?
210
00:12:31,481 --> 00:12:35,443
[chuckles]
He was kind of mad in the end, you know.
211
00:12:37,570 --> 00:12:41,032
Well, you know,
getting stabbed by all your friends...
212
00:12:42,033 --> 00:12:43,535
Can get under a man's skin.
213
00:12:49,165 --> 00:12:50,375
Dad, for real?
214
00:12:52,335 --> 00:12:53,461
The summation?
215
00:12:57,549 --> 00:13:00,218
Your mom tell you to come in here? [sighs]
216
00:13:09,602 --> 00:13:11,104
I'm my best chance, Jay.
217
00:13:28,955 --> 00:13:31,374
[Jaden breathes shakily]
218
00:13:31,374 --> 00:13:32,750
I've done this before.
219
00:13:35,378 --> 00:13:36,546
I got this.
220
00:13:40,508 --> 00:13:41,509
Okay.
221
00:13:46,764 --> 00:13:47,765
Okay.
222
00:13:59,569 --> 00:14:01,029
- [grunts]
- [ball thuds]
223
00:14:02,864 --> 00:14:03,781
[grunts]
224
00:14:18,963 --> 00:14:20,131
[thudding continues]
225
00:14:31,476 --> 00:14:32,769
[Raymond] Just the elements.
226
00:14:33,811 --> 00:14:37,565
Don't be going off
on how Tommy's the real killer...
227
00:14:37,565 --> 00:14:40,527
- [breathing heavily]
- ...or Liam Reynolds, or the ex-husband.
228
00:14:49,494 --> 00:14:50,495
You hear me?
229
00:14:52,163 --> 00:14:53,164
Rusty?
230
00:14:54,749 --> 00:14:55,750
Yeah, I hear you.
231
00:14:57,043 --> 00:14:58,962
[Raymond breathes deeply]
232
00:15:49,012 --> 00:15:50,096
[Laryn] All right.
233
00:15:52,724 --> 00:15:54,350
We'll hear from the defense.
234
00:16:17,498 --> 00:16:22,253
My name, as you already know,
is Rusty Sabich.
235
00:16:24,839 --> 00:16:26,090
I am the accused.
236
00:16:28,176 --> 00:16:29,510
Accused of murder.
237
00:16:32,805 --> 00:16:34,933
The pain of having to say that
in this room...
238
00:16:36,643 --> 00:16:40,438
[grunts]
...in front of my wife and my children...
239
00:16:48,112 --> 00:16:52,200
What the evidence did prove is
I betrayed my family,
240
00:16:53,243 --> 00:16:54,577
the people I love most.
241
00:16:56,746 --> 00:16:59,707
I will never be able to undo
the anguish that I caused my wife,
242
00:17:00,291 --> 00:17:05,004
and I will never most likely be able
to earn the respect back from my children.
243
00:17:07,715 --> 00:17:11,052
But what the evidence did not prove
is that I killed Carolyn Polhemus,
244
00:17:11,052 --> 00:17:13,012
because I did not kill her.
245
00:17:15,932 --> 00:17:18,935
I had an affair with Carolyn,
one that I kept secret.
246
00:17:19,435 --> 00:17:23,857
I got her pregnant, and that was something
I only learned after her passing.
247
00:17:24,898 --> 00:17:27,610
And I was there that night,
as I was on other nights,
248
00:17:27,610 --> 00:17:30,280
but that is all the evidence could
or did prove.
249
00:17:30,280 --> 00:17:33,449
There were no eyewitnesses,
there-there was no blood
250
00:17:33,449 --> 00:17:38,454
or forensic evidence on my-- on my person
and on my clothes, in my car, in my home.
251
00:17:40,123 --> 00:17:42,458
[stammers] My fingerprints are
in her apartment,
252
00:17:42,458 --> 00:17:45,420
because I was there that night
and on other nights,
253
00:17:45,420 --> 00:17:49,090
but that is all the evidence could prove.
254
00:17:50,008 --> 00:17:53,845
Now, Tommy Molto, he stood here
at the beginning of the trial,
255
00:17:54,470 --> 00:17:57,432
and he told you
that he had feelings for the victim.
256
00:17:58,016 --> 00:17:59,225
Well, so did I.
257
00:18:02,186 --> 00:18:05,106
I cared for her so much.
258
00:18:05,106 --> 00:18:08,943
I-I-I loved her so much.
259
00:18:08,943 --> 00:18:11,362
And I miss her so much.
260
00:18:12,655 --> 00:18:15,491
And I, like many people,
want to know who did this.
261
00:18:15,491 --> 00:18:17,744
I want to get who did this.
262
00:18:19,412 --> 00:18:22,165
As do the police, as does
the district attorney, Tommy Molto.
263
00:18:22,165 --> 00:18:25,418
So much so, that despite having certitude,
264
00:18:25,418 --> 00:18:28,129
he will settle for the next best thing,
namely me.
265
00:18:28,713 --> 00:18:30,173
And boy, do I fit the bill.
266
00:18:30,673 --> 00:18:35,261
Circumstances point to me.
I'll-I'll admit that.
267
00:18:36,930 --> 00:18:38,056
But not only me.
268
00:18:38,556 --> 00:18:42,227
There were other people
who had fixations on Carolyn.
269
00:18:42,227 --> 00:18:44,979
There is Michael Caldwell,
the victim's son,
270
00:18:44,979 --> 00:18:46,731
who was also there that night.
271
00:18:46,731 --> 00:18:49,692
Who was also very, very angry
at his mother.
272
00:18:49,692 --> 00:18:52,820
And who had access
to the Bunny Davis file.
273
00:18:53,655 --> 00:18:57,825
Now, his clothes, his person, his home
were never investigated.
274
00:18:57,825 --> 00:19:00,954
There was no warrant issued
for his father, Dalton Caldwell,
275
00:19:01,538 --> 00:19:03,289
who was very angry at the victim as well,
276
00:19:03,289 --> 00:19:05,750
and who could have possibly had access
to the Bunny Davis files.
277
00:19:05,750 --> 00:19:08,503
Now, is any of that evidence
to prove that Michael Caldwell
278
00:19:08,503 --> 00:19:10,505
or Dalton Caldwell
killed Carolyn Polhemus?
279
00:19:10,505 --> 00:19:13,258
Of course not,
but it certainly makes you wonder.
280
00:19:16,219 --> 00:19:17,845
Now, I'm on trial. I'm biased.
281
00:19:18,471 --> 00:19:21,266
But I will tell you that in the 15 years
that I have been a prosecutor
282
00:19:21,266 --> 00:19:22,976
for this great city, I will tell you,
283
00:19:22,976 --> 00:19:24,936
I would never
bring charges against someone
284
00:19:24,936 --> 00:19:27,480
without the burden of proof
being possibly satisfied,
285
00:19:27,480 --> 00:19:29,607
and that is exactly what
the prosecution has done here.
286
00:19:29,607 --> 00:19:31,818
They have charged me with a crime,
287
00:19:31,818 --> 00:19:35,071
and they have no evidence
that they can remotely prove.
288
00:19:35,071 --> 00:19:39,033
There is no physical, testimonial,
forensic evidence.
289
00:19:39,033 --> 00:19:40,451
There is no murder weapon.
290
00:19:40,451 --> 00:19:43,454
There are other
possible uninvestigated suspects.
291
00:19:43,454 --> 00:19:47,709
And let's add Liam Reynolds,
who threatened the victim on record.
292
00:19:48,209 --> 00:19:54,048
Also, there is no actual time of death.
So reasonable doubt exists in abundance.
293
00:19:54,716 --> 00:19:56,050
Which begs the question...
294
00:19:57,886 --> 00:20:00,346
why are we even here?
295
00:20:05,602 --> 00:20:08,897
In high-profile cases,
the burden on the prosecutors--
296
00:20:09,397 --> 00:20:13,443
who are politicians, by the way--
is to satisfy the public.
297
00:20:14,819 --> 00:20:17,989
They need to hold somebody accountable.
They need to find somebody accountable.
298
00:20:17,989 --> 00:20:21,075
Anybody. And in this case,
I am their best shot.
299
00:20:21,075 --> 00:20:23,703
I am Tommy Molto's best shot.
300
00:20:23,703 --> 00:20:25,955
And he has wanted to get me
from the beginning.
301
00:20:25,955 --> 00:20:29,459
His resentment, his contempt,
it has been on full display.
302
00:20:29,459 --> 00:20:31,085
He is on a mission.
303
00:20:42,472 --> 00:20:46,851
This-- This case. [sighs, stammers]
It's not about Tommy Molto,
304
00:20:48,061 --> 00:20:51,606
it's not about me,
it's not even about Carolyn--
305
00:20:51,606 --> 00:20:56,236
at least not the application of justice--
it's about you.
306
00:20:56,236 --> 00:20:59,614
You took an oath. You swore to a duty,
307
00:20:59,614 --> 00:21:05,036
that to convict you must find proof
without a reasonable doubt.
308
00:21:12,210 --> 00:21:13,670
I accept your contempt.
309
00:21:19,050 --> 00:21:20,927
I deserve your contempt. [clears throat]
310
00:21:23,596 --> 00:21:26,516
As a-- As a husband...
311
00:21:31,855 --> 00:21:33,231
As a-- As a father...
312
00:21:37,443 --> 00:21:38,444
And as a man.
313
00:21:45,493 --> 00:21:48,413
But I did not kill Carolyn Polhemus,
314
00:21:49,747 --> 00:21:52,208
which is why
there is no evidence that I did.
315
00:21:56,212 --> 00:21:57,547
I am not honorable.
316
00:22:00,800 --> 00:22:06,014
[chuckles] But the irony is,
I-I-I hope that you are.
317
00:22:10,018 --> 00:22:11,019
Thank you.
318
00:22:38,004 --> 00:22:39,047
[sniffs]
319
00:22:55,563 --> 00:22:57,941
The defendant spoke
of his love for the victim,
320
00:22:57,941 --> 00:23:00,693
but I think
what came out during the trial,
321
00:23:00,693 --> 00:23:04,531
and Mr. Sabich admitted to,
is it-- it wasn't-- it wasn't just love.
322
00:23:04,531 --> 00:23:06,449
It was an obsession.
323
00:23:07,200 --> 00:23:10,828
He said that he wanted to get the person
who did this.
324
00:23:10,828 --> 00:23:15,416
Well, as chief deputy prosecutor,
he had a unique opportunity to do so.
325
00:23:15,416 --> 00:23:17,377
In fact, he headed the investigation.
326
00:23:17,377 --> 00:23:20,296
Let me tell you, the first 48 hours
following any homicide
327
00:23:20,296 --> 00:23:22,006
are crucial to solving it.
328
00:23:22,006 --> 00:23:23,841
And what did he do
during that critical time?
329
00:23:23,841 --> 00:23:26,594
He withheld information, he obstructed,
330
00:23:26,594 --> 00:23:30,265
he told our lead detective to share
evidentiary materials with him alone.
331
00:23:30,265 --> 00:23:32,850
Specifically not with me.
332
00:23:33,851 --> 00:23:35,228
And he failed to disclose
333
00:23:35,228 --> 00:23:38,231
that he was embroiled
in a sexual relationship with the victim,
334
00:23:38,231 --> 00:23:40,775
that he was in the throes
of a volatile breakup,
335
00:23:40,775 --> 00:23:44,404
that he was at her house
the night that she was murdered.
336
00:23:44,404 --> 00:23:45,989
He sat on all of that.
337
00:23:45,989 --> 00:23:48,032
That's not the behavior
of an innocent man,
338
00:23:48,658 --> 00:23:52,036
certainly not one vested with
the responsibility of catching her killer.
339
00:23:52,537 --> 00:23:53,872
He lied.
340
00:23:55,540 --> 00:23:56,875
Concealed.
341
00:23:56,875 --> 00:24:00,211
And he sought to bribe and extort others
into giving false confessions.
342
00:24:00,211 --> 00:24:04,007
He physically attacked
our chief medical examiner,
343
00:24:04,507 --> 00:24:06,009
and he beat up a potential witness.
344
00:24:06,009 --> 00:24:11,389
That is not consistent with innocence,
nor is it consistent with non-violence,
345
00:24:11,890 --> 00:24:14,434
which the defendant
represented himself to be.
346
00:24:16,060 --> 00:24:18,563
Now, his own very good friend,
Eugenia Milk,
347
00:24:18,563 --> 00:24:21,733
said that he was acting outside himself
348
00:24:21,733 --> 00:24:24,861
in these days leading up to the murder,
losing himself to Carolyn.
349
00:24:24,861 --> 00:24:29,032
He sent 30 texts
on the day that she was murdered,
350
00:24:29,532 --> 00:24:33,328
including this one,
"Who the fuck do you think you are?"
351
00:24:33,912 --> 00:24:35,872
"Who the fuck do you think you are?"
352
00:24:35,872 --> 00:24:38,208
He was there, he was seen there,
353
00:24:38,208 --> 00:24:40,126
his DNA and fingerprints are there,
354
00:24:40,126 --> 00:24:41,836
and then he says to you
with a straight face,
355
00:24:41,836 --> 00:24:45,048
with this very charming face, right--
356
00:24:45,048 --> 00:24:48,134
He says to you,
"There's no real evidence."
357
00:24:49,594 --> 00:24:50,595
Really?
358
00:24:51,596 --> 00:24:55,433
Well, the defendant is a very,
very good liar.
359
00:24:56,517 --> 00:24:57,685
And a murderer.
360
00:24:58,269 --> 00:24:59,520
Look what was done to her.
361
00:25:00,688 --> 00:25:01,731
On the day he went there,
362
00:25:01,731 --> 00:25:03,942
on the day he texted her,
on the day she rejected him,
363
00:25:03,942 --> 00:25:07,362
and on the night
that he was last seen with her,
364
00:25:07,362 --> 00:25:08,446
look what was done.
365
00:25:09,781 --> 00:25:11,783
And he gets up here, and he says,
366
00:25:11,783 --> 00:25:15,912
"Hey, it could've been Liam Reynolds,
or it could've been her ex-husband."
367
00:25:15,912 --> 00:25:18,581
Or I think he alluded to
that it could've been me.
368
00:25:19,082 --> 00:25:21,084
It could've been me. [chuckles] Okay.
369
00:25:22,877 --> 00:25:27,549
That's all just
garden-variety desperation.
370
00:25:27,549 --> 00:25:28,508
It's normal.
371
00:25:28,508 --> 00:25:34,264
What is not normal is him alluding to
or accusing her son
372
00:25:35,265 --> 00:25:36,307
in all of this.
373
00:25:37,100 --> 00:25:38,601
It's-- It's diabolical.
374
00:25:38,601 --> 00:25:39,936
It's sociopathic.
375
00:25:39,936 --> 00:25:43,022
Look, the defendant,
as chief deputy prosecutor,
376
00:25:43,022 --> 00:25:47,277
had an opportunity to catch the person
who killed Carolyn Polhemus.
377
00:25:47,277 --> 00:25:48,611
And what did he do?
378
00:25:48,611 --> 00:25:49,654
He concealed.
379
00:25:49,654 --> 00:25:51,364
He obstructed.
380
00:25:51,364 --> 00:25:52,490
Why?
381
00:25:52,490 --> 00:25:56,703
Because he knew that
the killer wasn't out there somewhere.
382
00:25:56,703 --> 00:25:58,913
The killer was right here.
383
00:26:05,795 --> 00:26:11,301
There is an opportunity for justice
that is alive today, and it falls to you.
384
00:26:12,635 --> 00:26:13,636
All right?
385
00:26:13,636 --> 00:26:16,306
He's put my-- What did he call it?
386
00:26:16,306 --> 00:26:18,016
My-My contempt!
387
00:26:19,017 --> 00:26:22,395
My contempt, my demeanor at issue.
388
00:26:22,395 --> 00:26:24,898
Fine. He's-He's begging you to look at me.
389
00:26:24,898 --> 00:26:27,567
Look at me. Take a good, hard look at me.
390
00:26:30,862 --> 00:26:31,863
But then...
391
00:26:34,532 --> 00:26:36,201
take a good, hard look at this man.
392
00:27:10,818 --> 00:27:12,320
[Carolyn] This is the worst part.
393
00:27:13,404 --> 00:27:17,325
The waiting. Or second worst.
I guess losing would be even worse.
394
00:27:17,325 --> 00:27:18,409
[Rusty] I wouldn't know.
395
00:27:18,409 --> 00:27:20,912
[Carolyn chuckles]
396
00:27:20,912 --> 00:27:23,498
Right. Because you're too special to lose.
397
00:27:23,498 --> 00:27:25,917
- Well, that's what I assume.
- [chuckles]
398
00:27:25,917 --> 00:27:28,878
[sighs]
399
00:27:30,171 --> 00:27:32,757
Seriously, what are we gonna make of it?
The wait.
400
00:27:33,341 --> 00:27:36,469
The longer the jury deliberates,
you know, the more it favors the defense.
401
00:27:37,053 --> 00:27:40,431
[breathes deeply]
402
00:28:07,417 --> 00:28:08,251
Hey.
403
00:28:11,045 --> 00:28:12,797
We might as well go home. [sighs]
404
00:28:12,797 --> 00:28:14,674
You know, they could be out a while.
405
00:28:15,216 --> 00:28:18,094
Besides, I do worry about the cat.
406
00:28:20,555 --> 00:28:22,932
- You think that's funny?
- It's a joke, Tommy. Come on.
407
00:28:22,932 --> 00:28:24,350
- I'm just saying, it's like...
- I know.
408
00:28:24,350 --> 00:28:25,685
...waiting for a pot to boil here.
409
00:28:25,685 --> 00:28:27,896
Let's go get a drink or something.
410
00:28:27,896 --> 00:28:30,023
See, I think it was his insurance policy.
411
00:28:30,023 --> 00:28:31,274
Like, all along.
412
00:28:32,483 --> 00:28:33,526
- Huh?
- The poker?
413
00:28:34,027 --> 00:28:35,820
Okay-- If-If he l-loses,
414
00:28:35,820 --> 00:28:40,742
then he has something to exploit
for a new trial or-- Somehow.
415
00:28:41,326 --> 00:28:45,455
All right, yeah. You think
that Rusty left the poker in your house?
416
00:28:45,455 --> 00:28:48,124
God, what the fuck
did she ever see in him?
417
00:28:50,585 --> 00:28:51,586
[inhales sharply]
418
00:28:54,756 --> 00:28:56,925
Can I ask you a-a personal question?
419
00:29:01,846 --> 00:29:03,348
How much did you love her?
420
00:29:04,807 --> 00:29:05,808
Really.
421
00:29:05,808 --> 00:29:07,393
- [groans]
- [knocks]
422
00:29:07,393 --> 00:29:09,646
Guys, verdict.
423
00:31:01,090 --> 00:31:02,091
All right.
424
00:31:04,260 --> 00:31:05,970
Go ahead and stand, Mr. Sabich.
425
00:31:13,603 --> 00:31:15,688
Madam Clerk, if you'll read the verdict.
426
00:31:15,688 --> 00:31:16,940
Yes, Your Honor.
427
00:31:20,151 --> 00:31:23,947
"Superior Court of Illinois, Cook County,
in the matter of
428
00:31:23,947 --> 00:31:27,617
the People of the State of Illinois
v. Rozat K. Sabich,
429
00:31:27,617 --> 00:31:31,538
case number 6710098,
430
00:31:31,538 --> 00:31:36,376
we the jury in the above entitled action
find the defendant Rozat K. Sabich"...
431
00:31:37,877 --> 00:31:39,504
[breathes softly]
432
00:31:40,630 --> 00:31:43,174
- ..."not guilty of the crime of murder"...
- [spectators exclaiming, cheering]
433
00:31:43,174 --> 00:31:48,805
..."in violation
of penal code section 609.195,
434
00:31:49,389 --> 00:31:53,351
a felony, upon Carolyn Polhemus,
a human being,
435
00:31:53,351 --> 00:31:56,354
as charged in the count one
of the information."
436
00:32:21,963 --> 00:32:23,965
[no audible dialogue]
437
00:33:04,172 --> 00:33:05,798
It almost doesn't feel real.
438
00:33:07,967 --> 00:33:09,260
[Jaden] It's over, right?
439
00:33:09,260 --> 00:33:12,096
They can't appeal or go for another trial?
440
00:33:12,680 --> 00:33:15,183
Yeah, prosecution won't appeal.
It's-It's over.
441
00:33:17,602 --> 00:33:20,230
But the sooner they hear from me,
the sooner they'll clear out.
442
00:33:27,445 --> 00:33:28,738
[sighs]
443
00:33:32,283 --> 00:33:36,663
I mean, obviously
I'm gratified here by the verdict. Um...
444
00:33:38,665 --> 00:33:39,958
legal justice was done.
445
00:33:41,000 --> 00:33:42,919
As well as moral justice...
446
00:33:44,546 --> 00:33:47,006
in that I'm an innocent man,
and I did not commit this crime.
447
00:33:49,384 --> 00:33:51,678
But justice by no means is complete here.
448
00:33:51,678 --> 00:33:54,639
Justice has not been realized
for Carolyn Polhemus.
449
00:33:54,639 --> 00:33:57,684
Her killer is still out there,
and her murder is still unsolved.
450
00:33:58,184 --> 00:34:00,436
The justice system,
especially the prosecutor's office,
451
00:34:00,436 --> 00:34:02,021
has failed Carolyn Polhemus.
452
00:34:02,021 --> 00:34:03,982
She deserved better. Much better.
453
00:34:03,982 --> 00:34:05,984
And the reason that she didn't get better
454
00:34:05,984 --> 00:34:08,820
was because those entrusted
with serving justice were compromised
455
00:34:08,820 --> 00:34:11,573
by ambition, and I suspect, um, emotion.
456
00:34:15,118 --> 00:34:16,119
Tommy Molto.
457
00:34:17,245 --> 00:34:19,372
He put the blinders on from day one.
458
00:34:19,372 --> 00:34:22,458
He lost the plot.
It was a ready, fire, aim process,
459
00:34:22,458 --> 00:34:25,879
and the district attorney's office,
they failed miserably here.
460
00:34:25,879 --> 00:34:28,298
They prioritized a vendetta
over the truth,
461
00:34:28,298 --> 00:34:30,508
and they most failed Carolyn Polhemus.
462
00:35:10,506 --> 00:35:11,507
[inhales deeply]
463
00:35:13,968 --> 00:35:15,386
[grunts, sighs]
464
00:35:19,057 --> 00:35:23,811
Tommy-- Tommy,
you tried a magnificent case.
465
00:35:24,312 --> 00:35:25,313
You did.
466
00:35:28,608 --> 00:35:32,737
We had a circumstantial set of facts,
and you tried your best.
467
00:35:33,905 --> 00:35:35,031
He beat me.
468
00:35:36,074 --> 00:35:38,284
- [clears throat]
- I let her down.
469
00:35:39,953 --> 00:35:42,163
Her death will go unavenged
'cause I wasn't good enough.
470
00:35:42,163 --> 00:35:45,750
[stammers] No. No. Tommy, listen.
471
00:35:47,168 --> 00:35:49,796
You need to move on, all right?
472
00:35:50,755 --> 00:35:52,549
This is Chicago.
473
00:35:52,549 --> 00:35:56,427
There are so many wonderfully
heinous people for you to go after.
474
00:35:56,427 --> 00:35:59,514
We need to move on and do our job,
all right?
475
00:36:00,014 --> 00:36:04,435
And-- And personally,
you need to move on from Rusty Sabich.
476
00:36:06,104 --> 00:36:07,105
You do.
477
00:36:08,940 --> 00:36:11,693
There is work to be done.
Let's get on with it.
478
00:37:12,086 --> 00:37:14,589
[machine whirring]
479
00:37:43,868 --> 00:37:46,955
I guess we can take that vacation now.
I see you're all packed.
480
00:37:46,955 --> 00:37:48,915
[machine stops]
481
00:37:49,749 --> 00:37:51,251
[panting]
482
00:37:54,295 --> 00:37:55,296
Yeah.
483
00:38:02,804 --> 00:38:04,514
It was Dr. Rush's advice...
484
00:38:09,894 --> 00:38:11,396
should there be a next time.
485
00:38:14,232 --> 00:38:15,483
A next time?
486
00:38:15,984 --> 00:38:18,319
Yeah. [breathes heavily]
487
00:38:19,821 --> 00:38:20,655
[chuckles]
488
00:38:23,241 --> 00:38:26,870
Should you ever again
impulsively strike to destroy this family.
489
00:38:30,039 --> 00:38:31,040
A next time?
490
00:38:36,754 --> 00:38:37,589
[scoffs]
491
00:38:43,136 --> 00:38:46,306
I actually knew from the beginning,
and then I didn't know.
492
00:38:48,808 --> 00:38:50,476
And then I knew again for sure.
493
00:38:51,853 --> 00:38:54,022
Rusty, I have no idea
what you're talking about.
494
00:38:54,981 --> 00:38:56,941
All that was going
through my head was just,
495
00:38:56,941 --> 00:38:59,777
"This was my doing. This was my fault.
This was my doing."
496
00:38:59,777 --> 00:39:03,698
And I had to do what I had to do
to protect my family, to protect you,
497
00:39:03,698 --> 00:39:04,782
so I did.
498
00:39:09,537 --> 00:39:10,413
[groaning] No.
499
00:39:10,413 --> 00:39:15,001
But what didn't compute was that you just
seemed so utterly normal the next day.
500
00:39:16,085 --> 00:39:17,545
Just disaffected.
501
00:39:17,545 --> 00:39:20,340
I didn't know that you could kill somebody
and not even wobble.
502
00:39:28,681 --> 00:39:30,475
You think I killed Carolyn?
503
00:39:32,936 --> 00:39:37,941
No, it was somebody else,
but somebody in your body,
504
00:39:37,941 --> 00:39:40,985
like it was probably somebody else
in my body who tied her up.
505
00:39:44,030 --> 00:39:46,533
What do you mean you-you tied her up?
506
00:39:48,535 --> 00:39:49,661
To cover for you.
507
00:39:53,039 --> 00:39:54,040
What?
508
00:39:56,918 --> 00:39:58,628
I went back there that night.
509
00:40:00,713 --> 00:40:01,798
[breathes shakily]
510
00:40:01,798 --> 00:40:03,925
Oh, my God. Oh, my God.
511
00:40:04,509 --> 00:40:06,177
Carolyn? Carolyn!
512
00:40:06,761 --> 00:40:08,096
No, no, no, no! Carolyn?
513
00:40:09,097 --> 00:40:10,890
What-- [whimpers, panting]
514
00:40:10,890 --> 00:40:13,268
And I first went for my phone to call 911
515
00:40:13,268 --> 00:40:15,395
in case, by some chance,
she was still alive,
516
00:40:15,395 --> 00:40:20,984
though clearly she... wasn't.
517
00:40:22,277 --> 00:40:25,446
Oh, fuck. Fuck! Fuck! [panting]
518
00:40:25,446 --> 00:40:26,990
And then it hit me.
519
00:40:27,657 --> 00:40:30,118
There was only one person
who could've done this.
520
00:40:30,618 --> 00:40:34,747
So I didn't call 911,
to protect that one person,
521
00:40:35,623 --> 00:40:37,584
so that suspicion wouldn't fall to her.
522
00:40:38,501 --> 00:40:41,629
[groans, stammers]
523
00:40:42,213 --> 00:40:45,550
W-What about all that--
that stuff with, um...
524
00:40:47,552 --> 00:40:48,636
L-Liam Reynolds?
525
00:40:50,889 --> 00:40:53,516
[Rusty] False confessions are easy
to extract. We do it all the time.
526
00:40:53,516 --> 00:40:55,310
We-- I offered him less jail,
527
00:40:55,310 --> 00:40:57,103
- which is usually enough.
- [gasps]
528
00:40:57,103 --> 00:40:58,938
[Rusty] It was worth a shot.
529
00:41:02,108 --> 00:41:05,403
- Rusty, you're s-- you're sick.
- But then I start to think,
530
00:41:05,403 --> 00:41:07,197
"You know, my God,
I must have this wrong."
531
00:41:07,197 --> 00:41:09,949
But then Jaden, she was telling me
about disassociation,
532
00:41:09,949 --> 00:41:12,243
how a person can be severed from the self,
533
00:41:12,243 --> 00:41:15,455
that they can compartmentalize off an act
from the person.
534
00:41:15,455 --> 00:41:18,041
And I just started to realize,
that's exactly what happened.
535
00:41:18,041 --> 00:41:21,461
You just snapped with Carolyn,
and then the next day,
536
00:41:21,461 --> 00:41:24,172
i-it became as if somebody else
had committed the act.
537
00:41:24,672 --> 00:41:26,090
You're insane.
538
00:41:29,469 --> 00:41:31,012
And you're wrong!
539
00:41:32,555 --> 00:41:34,224
[chuckling] I'm not wrong.
540
00:41:35,350 --> 00:41:38,019
After your thing with the bartender,
I tracked your car, B.
541
00:41:40,230 --> 00:41:41,481
What?
542
00:41:45,235 --> 00:41:48,363
I know that it was you who went to
Tommy Molto's house to plant that poker.
543
00:41:51,407 --> 00:41:54,452
I mean, I'm assuming
to ostensibly help me, but you went there.
544
00:41:57,288 --> 00:41:58,498
[gasps]
545
00:41:58,498 --> 00:41:59,791
[Jaden] No, she didn't.
546
00:42:07,757 --> 00:42:08,758
I did.
547
00:42:10,385 --> 00:42:11,219
What?
548
00:42:12,679 --> 00:42:14,222
I-- [breathes heavily]
549
00:42:15,390 --> 00:42:19,394
I thought you were going
to be convicted after your testimony.
550
00:42:20,520 --> 00:42:22,564
It was the only thing I could think to do.
551
00:42:23,773 --> 00:42:25,400
[Rusty stammers] Wait. [sighs]
552
00:42:25,900 --> 00:42:27,193
What--
553
00:42:27,193 --> 00:42:30,655
I drove there in Mom's car.
554
00:42:34,617 --> 00:42:35,451
[breathes shakily]
555
00:42:36,286 --> 00:42:37,287
What?
556
00:42:39,956 --> 00:42:41,875
I put the poker in his kitchen.
557
00:42:43,960 --> 00:42:46,254
Jay. Jay?
558
00:42:46,254 --> 00:42:48,339
No. [whimpering] No, no.
559
00:42:48,339 --> 00:42:50,174
[Rusty] How did you have the fire poker?
560
00:42:52,010 --> 00:42:53,094
[knocking]
561
00:42:55,847 --> 00:42:57,807
I just went there to confront her, and...
562
00:43:01,185 --> 00:43:02,061
Hey.
563
00:43:03,187 --> 00:43:05,148
[sobs] No.
564
00:43:06,107 --> 00:43:07,108
[breathes shakily]
565
00:43:13,031 --> 00:43:14,699
[Carolyn] You sure you don't want any tea?
566
00:43:15,575 --> 00:43:16,618
No.
567
00:43:17,702 --> 00:43:21,748
- ...tell her to stay away from you.
- [breathes shakily]
568
00:43:22,332 --> 00:43:24,542
Stay away from our family.
[inhales sharply]
569
00:43:24,542 --> 00:43:26,628
[sobbing]
570
00:43:32,467 --> 00:43:35,637
It's not me, it's your father.
571
00:43:36,554 --> 00:43:38,097
He won't leave me alone.
572
00:43:38,097 --> 00:43:39,182
That isn't true.
573
00:43:39,974 --> 00:43:43,978
You need to quit your job
and stay away from my family forever.
574
00:43:45,939 --> 00:43:47,398
Stay the fuck away.
575
00:43:50,068 --> 00:43:51,402
I will stay away from him.
576
00:43:53,196 --> 00:43:55,698
But our lives
are going to be intertwined a little.
577
00:43:56,991 --> 00:43:58,076
'Cause I'm pregnant...
578
00:44:00,078 --> 00:44:01,412
with his child.
579
00:44:08,378 --> 00:44:11,172
[whimpering, breathing shakily]
580
00:44:20,557 --> 00:44:21,599
[pants]
581
00:44:21,599 --> 00:44:23,560
[grunting]
582
00:44:25,687 --> 00:44:27,522
[sniffles, whimpering]
583
00:44:30,358 --> 00:44:31,860
[exhales shakily]
584
00:44:35,655 --> 00:44:38,116
And then I was driving home,
585
00:44:38,116 --> 00:44:42,704
and I thought it was just a dream.
586
00:44:44,289 --> 00:44:46,124
[crying, sniffling]
587
00:44:46,124 --> 00:44:47,208
And it wasn't.
588
00:44:48,585 --> 00:44:52,755
And when you guys went to breakfast,
I said I wasn't feeling well,
589
00:44:52,755 --> 00:44:54,716
and I cleaned the car,
590
00:44:56,342 --> 00:45:00,221
and I buried the poker.
591
00:45:11,774 --> 00:45:13,693
[breathes shakily]
592
00:45:22,577 --> 00:45:24,078
Okay, listen to me.
593
00:45:26,289 --> 00:45:28,041
We will never speak of this.
594
00:45:28,833 --> 00:45:30,543
Listen really carefully, Jay.
595
00:45:31,461 --> 00:45:33,379
This is something that came out of you
596
00:45:34,464 --> 00:45:36,216
in a form of self-defense...
597
00:45:37,175 --> 00:45:38,092
[crying]
598
00:45:38,092 --> 00:45:39,761
...in defense of this family.
599
00:45:43,973 --> 00:45:47,352
And it was put into motion by me.
600
00:45:49,687 --> 00:45:51,064
This is my doing.
601
00:45:53,900 --> 00:45:57,695
We will survive as a family.
602
00:46:00,198 --> 00:46:01,199
Okay?
603
00:46:03,535 --> 00:46:05,036
We love each other.
604
00:46:12,669 --> 00:46:15,880
[Jaden sniffles, cries]
605
00:46:20,009 --> 00:46:21,803
We're a family, and we love each other.
606
00:46:55,461 --> 00:46:58,715
[speaks indistinctly]
607
00:47:27,535 --> 00:47:28,536
Yeah!
608
00:47:29,579 --> 00:47:30,872
Yes!
609
00:47:43,218 --> 00:47:44,636
[Jaden] So perfect.
610
00:47:50,683 --> 00:47:51,851
Anyone want gravy?
611
00:47:53,228 --> 00:47:54,604
Thank you.
612
00:48:02,737 --> 00:48:06,783
[all chattering]
613
00:48:06,783 --> 00:48:11,783
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614
00:48:06,783 --> 00:48:16,783
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