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NARRATOR:
In the criminal justice system
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00:00:02,978 --> 00:00:06,790
the people are represented by two
separate yet equally important groups,
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00:00:06,849 --> 00:00:08,726
the police
who investigate crime
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00:00:08,784 --> 00:00:11,594
and the district attorneys
who prosecute the offenders.
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These are their stories.
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Morning.
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Adam?
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Corinne?
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Hello?
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Oh, my God! God!
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(SOBBING)
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Oh. My God!
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They were herded in here,
bound, gagged and shot.
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Old man's got defense
wounds on his hands and arm.
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Put up a struggle.
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Little girl got it in the back.
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Others got shot in the
head execution style.
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.45.
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Yeah. He didn't want to take a
chance on anybody surviving.
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Time of death?
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Tentatively, yesterday afternoon
between 2:00 and 4:00.
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You got any ID's?
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Yeah, Adam and
Corinne Bennett, owners.
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Gail Churchill, jewelry designer.
Her daughter, Ellie.
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Get the tapes from
the surveillance cameras.
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Got it.
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ED: Lennie, this is Rebecca Kent,
she's the assistant manager.
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Ellie just had a birthday.
She was six.
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Uh, you weren't here yesterday?
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I would've been but my
mother broke her foot
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and Adam told me
to take the day off.
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They always put family first.
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So you gonna be okay getting us an inventory
list, so we can see what's missing?
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We got two people
outside for you to talk to.
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BRISCOE:
We'll be right with you.
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We also need the names of
ex-employees and delivery people.
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This officer will go with you.
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Okay.
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I saw them around
3:00 yesterday,
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came in to show them
new pictures of my grandson.
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I'm two doors down,
the bookstore.
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You saw all four of them?
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Adam and Corinne.
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I didn't see Gail or the little girl,
they must've been in the back.
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What were the Bennetts doing?
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Adam was buried in a stack of invoices,
Corinne was polishing a bracelet.
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But it doesn't make sense, I came
by at 3:30 to have a ring resized,
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closed sign was on the door.
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Did you have an appointment?
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No, they were always
open till 6:00.
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MAN: Yeah,
that's the truth.
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In 30 years Adam never
closed early but once,
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when Corinne went
into labor with their son.
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Where is he?
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He teaches at the
London School of Economics,
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hasn't been home in 18 months.
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We got a problem.
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What?
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Security tapes are gone.
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Now what am I
gonna watch tonight?
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It just keeps going through
my head, over and over.
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If I'd picked my daughter up from
school yesterday, she'd still be here.
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Why didn't you?
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I was at work.
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Around lunch I started
feeling a little off,
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like I was coming down
with something.
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00:04:39,388 --> 00:04:41,959
So I called Gail
and asked her to cover for me.
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00:04:42,658 --> 00:04:44,365
Then I went home
and crawled into bed.
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00:04:44,426 --> 00:04:46,372
You and your ex-wife
were on good terms?
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We had joint custody,
we had to be.
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00:04:48,797 --> 00:04:50,743
What time did Ellie
get out of school?
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3:30.
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And the school
is located where?
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Upper East Side, 86th and 3rd.
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So Gail couldn't have gotten to
the Bennett's much before 4:00?
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Later than that. Ellie had a
dentist appointment after school.
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Are you sure?
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ED: Your man on the scene put the time
of death between 2:00 and 4:00 p.m.
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and two of the victims were at a dentist's
office across town at that time.
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Mmm-hmm. Till after 5:00.
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Can I get a word in here?
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Mr. and Mrs. Bennett
were killed around 3:30.
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Gail Churchill and her daughter
died two or three hours later.
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Two or three hours?
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5:30 at the earliest.
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VAN BUREN:
So he slaughters the Bennetts
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and then hangs around the crime
scene for more than two hours?
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What was he doing,
trying on the goods?
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00:05:37,145 --> 00:05:38,988
Well, more likely,
he was waiting.
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For Gail Churchill.
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00:05:40,182 --> 00:05:41,661
Killer had reason to believe
Gail would be there.
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00:05:41,717 --> 00:05:44,163
There's no way he could know she
was picking her daughter up.
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She messed up his plan.
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00:05:45,487 --> 00:05:48,263
Murder one,
staged to look like robbery.
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Let's find out who wanted
Gail Churchill dead.
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WOMAN: Everybody loved Gail.
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She was one of those people who
lit up the room when she came in.
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People gravitated towards her.
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00:06:02,571 --> 00:06:04,278
What about her ex-husband?
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00:06:04,339 --> 00:06:06,842
He gravitated
towards her checkbook.
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00:06:07,075 --> 00:06:10,056
David was always full of big
dreams that never went anywhere.
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Gail had finally had it with
supporting him and filed for divorce.
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00:06:13,048 --> 00:06:16,086
She supported him? So, she
was pulling in good money?
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00:06:16,184 --> 00:06:18,824
Her jewelry line
was really taking off.
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00:06:18,987 --> 00:06:20,796
She worked hard
for her success.
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00:06:20,856 --> 00:06:24,269
Detective, I admit that we weren't
particularly fond of David,
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00:06:24,326 --> 00:06:27,637
but he just couldn't have
done this monstrous thing.
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If you'd have seen him with
Ellie, you would've known that.
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Does the name Jeff Barnes
ring a bell?
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He was her dentist.
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00:06:33,368 --> 00:06:34,438
Hmm.
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00:06:34,669 --> 00:06:37,309
And Mary Fazekas?
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00:06:38,173 --> 00:06:41,211
Maybe a school friend or a
business acquaintance? Why?
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Cause there's an entry here
the day before the murders.
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Susan Prescott?
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Her attorney.
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00:06:45,647 --> 00:06:48,218
Okay. All right. What
about this guy, Mark I.?
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00:06:48,283 --> 00:06:49,353
He's in here a lot.
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00:06:49,418 --> 00:06:51,728
Mark Landry.
Real estate broker.
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00:06:51,953 --> 00:06:55,230
They met when Gail was apartment
hunting after the divorce.
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00:06:55,657 --> 00:06:57,796
He found this place for her.
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00:06:57,893 --> 00:07:00,134
They started dating
after the closing.
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00:07:00,328 --> 00:07:03,002
They've been seeing each other
for the past few months.
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00:07:04,166 --> 00:07:06,043
We were very happy about that.
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00:07:07,502 --> 00:07:10,210
BRISCOE: Mr. Landry, we know
this is a difficult time.
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Yes. I want to help
in any way I can.
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00:07:12,707 --> 00:07:14,744
Do you know
if Gail had any enemies?
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00:07:16,077 --> 00:07:17,488
I thought it was a robbery.
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00:07:17,779 --> 00:07:19,258
We just need
to cover all our bases.
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00:07:19,314 --> 00:07:21,191
Speaking of which,
where were you?
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00:07:21,716 --> 00:07:23,992
Carrington House.
I was showing a coop there.
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00:07:24,052 --> 00:07:25,963
I can't believe
you think she was a target.
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00:07:26,021 --> 00:07:28,126
You can't think of anybody she
might've had problems with?
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00:07:29,324 --> 00:07:30,359
Her ex-husband.
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00:07:30,425 --> 00:07:33,065
But I can't think he would've done it,
I mean, Ellie was their daughter.
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00:07:33,128 --> 00:07:36,905
Well, whoever did it got away with
about 70 grand in merchandise.
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00:07:36,965 --> 00:07:39,104
We hear the ex
was always a little short.
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00:07:39,167 --> 00:07:41,010
That's along way away
from what you're suggesting.
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00:07:41,069 --> 00:07:42,673
I mean, I didn't like the
guy, but I can't think that...
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00:07:42,737 --> 00:07:44,216
You didn't like the guy? Why?
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00:07:45,674 --> 00:07:49,281
Gail was a wonderful woman and she
deserved to be appreciated and loved.
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00:07:50,645 --> 00:07:52,147
David was just
all about himself.
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00:07:54,015 --> 00:07:56,188
David Churchill was married
to a jeweler for five years,
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00:07:56,251 --> 00:07:58,356
I think he might know
how to unload some hot rocks.
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00:07:58,420 --> 00:07:59,660
Byrne went to their bank.
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00:07:59,721 --> 00:08:01,291
Mr. Churchill's
checking account,
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00:08:01,356 --> 00:08:03,768
$832 and some change,
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00:08:03,825 --> 00:08:07,432
last deposit a week ago,
just under $100.
149
00:08:07,496 --> 00:08:11,034
All that proves is he's not stupid
enough to put the proceeds in the bank.
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00:08:11,099 --> 00:08:12,635
VAN BUREN: He may not
need the proceeds.
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00:08:12,801 --> 00:08:13,802
BRISCOE: What's that mean?
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00:08:13,869 --> 00:08:16,873
Same bank, Gail Churchill set up
a trust fund for her daughter.
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00:08:16,938 --> 00:08:22,354
In the event that both Gail and Ellie
died, David is the beneficiary.
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00:08:22,477 --> 00:08:23,478
For how much?
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00:08:23,545 --> 00:08:24,717
A quarter of a million.
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00:08:24,946 --> 00:08:25,947
Damn.
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00:08:26,014 --> 00:08:27,857
How do we get around
the time discrepancy?
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00:08:27,916 --> 00:08:31,022
I mean, killer went to the Bennett's
at 3:00 thinking Gail would be there.
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00:08:31,086 --> 00:08:32,827
David Churchill knew she
wasn't gonna be there,
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00:08:32,888 --> 00:08:34,993
'cause she went to pick up the
daughter to take her to the dentist.
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00:08:35,056 --> 00:08:37,263
A bluff to throw
suspicion off himself.
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00:08:37,325 --> 00:08:40,204
Well, why don't we move out of the
realm of speculation, if we can,
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00:08:40,262 --> 00:08:42,401
and bring him in for a chat.
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00:08:43,565 --> 00:08:44,771
The trust fund?
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00:08:45,600 --> 00:08:48,444
I assumed Gail changed the
beneficiary after we got divorced.
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00:08:48,503 --> 00:08:51,780
That is the exact position that I
would take if I were in your shoes.
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00:08:54,175 --> 00:08:56,985
I buried my only child
two days ago.
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00:08:57,546 --> 00:09:00,186
You have no idea
what that does to you.
169
00:09:01,016 --> 00:09:05,829
I did not kill her and I can't
comprehend why anybody would!
170
00:09:05,887 --> 00:09:09,699
Look, we talked to a lot of Gail's friends,
they said you didn't want the divorce,
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00:09:09,758 --> 00:09:11,101
that you were constantly
hitting her up for money
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00:09:11,159 --> 00:09:13,161
and that you didn't like the
fact that she was dating again.
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00:09:13,228 --> 00:09:14,935
I had no problem
with her dating.
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00:09:14,996 --> 00:09:17,476
I just didn't want that
Landry guy around my daughter.
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00:09:17,532 --> 00:09:18,533
Why's that?
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00:09:19,968 --> 00:09:21,072
I don't like him.
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00:09:21,136 --> 00:09:22,706
Apparently
the feeling's mutual.
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00:09:23,338 --> 00:09:25,750
So, where'd you go after you left
work the day of the murders?
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00:09:26,141 --> 00:09:28,485
I told you, I was sick.
I went home!
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00:09:28,543 --> 00:09:29,749
(KNOCKING ON DOOR)
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00:09:30,579 --> 00:09:32,388
Latent got a match
on some prints.
182
00:09:34,616 --> 00:09:35,959
We got a hit on prints
that were found
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00:09:36,017 --> 00:09:38,327
both in Gail Churchill's apartment
and in the jewelry store.
184
00:09:39,921 --> 00:09:41,662
Ex-con named
Richard Morriston.
185
00:09:41,723 --> 00:09:42,793
Who?
186
00:09:44,092 --> 00:09:47,539
Fraud arrest in Colorado two years
ago, pled guilty to a misdemeanor.
187
00:09:47,596 --> 00:09:50,805
Two domestic abuse arrests,
one in Chicago, one here.
188
00:09:50,865 --> 00:09:52,674
The local woman's name
was Susan Kimball.
189
00:09:52,734 --> 00:09:54,543
Guy gets around.
Got a mug shot?
190
00:09:54,903 --> 00:09:56,041
Sure.
(TYPING)
191
00:09:56,771 --> 00:09:59,775
Oh. Mark Landry. Gail
Churchill's new boyfriend.
192
00:10:00,241 --> 00:10:01,242
Not anymore.
193
00:10:05,347 --> 00:10:09,090
SUSAN: Richard Morriston, huh?
I knew him as Kevin Massey.
194
00:10:09,150 --> 00:10:12,393
He had just gotten his real estate license.
He found me an apartment,
195
00:10:12,454 --> 00:10:15,765
which I was dumb enough to let him move
into after he'd blinded me with charm.
196
00:10:15,824 --> 00:10:16,859
What went wrong?
197
00:10:16,925 --> 00:10:19,132
I suspected he was accessing
my corporate accounts
198
00:10:19,194 --> 00:10:21,765
and using insider information
to make stock trades.
199
00:10:21,830 --> 00:10:23,503
BRISCOE: You confronted him?
200
00:10:23,565 --> 00:10:25,567
He has sensitive antenna.
201
00:10:25,634 --> 00:10:27,978
He knew something was wrong
and asked me what it was.
202
00:10:28,036 --> 00:10:29,538
So I told him.
203
00:10:29,938 --> 00:10:31,008
Big mistake.
204
00:10:31,072 --> 00:10:33,575
Ms. Kimball,
the police report says
205
00:10:33,642 --> 00:10:37,613
your injuries kept you in the hospital for two days.
Why'd you drop the charges?
206
00:10:37,746 --> 00:10:39,020
I was afraid of him.
207
00:10:39,648 --> 00:10:40,649
What's he done?
208
00:10:40,715 --> 00:10:42,956
It's not clear yet, but he's
left an unattractive trail
209
00:10:43,018 --> 00:10:44,964
from Denver to Chicago to here.
210
00:10:45,120 --> 00:10:46,224
Denver?
211
00:10:46,287 --> 00:10:49,131
He told me he came here
straight from Utah.
212
00:10:49,524 --> 00:10:51,629
According to Salt Lake City PD,
213
00:10:51,693 --> 00:10:56,142
Morriston dropped out of University
of Utah Law School in '94,
214
00:10:56,197 --> 00:10:59,201
right after the disappearance of
his girlfriend, Beth Fazekas.
215
00:10:59,267 --> 00:11:00,337
She was never found.
216
00:11:00,402 --> 00:11:04,316
The Mary Fazekas in Gail Churchill's
appointment book, that's Beth's mother.
217
00:11:04,372 --> 00:11:07,649
We spoke to her this morning. She said
she never heard of Gail Churchill.
218
00:11:07,709 --> 00:11:10,417
She's convinced Morriston
murdered her daughter.
219
00:11:10,478 --> 00:11:13,925
She's been waiting six years for a
break in the case. She's flying in.
220
00:11:13,982 --> 00:11:16,690
So obviously Churchill found
out about Morriston's past.
221
00:11:16,751 --> 00:11:17,786
VAN BUREN: More than that.
222
00:11:18,119 --> 00:11:20,497
She must've known something
that put him in danger.
223
00:11:20,555 --> 00:11:23,092
Nail it down
and we've got a motive.
224
00:11:26,695 --> 00:11:29,938
How does a con man
bamboozle so many smart women?
225
00:11:29,998 --> 00:11:32,205
Practice, practice, practice.
226
00:11:33,001 --> 00:11:35,413
You ever hear of an outfit
called lntelli-mate?
227
00:11:35,470 --> 00:11:38,349
Yeah. They run background
checks for suspicious lovers.
228
00:11:38,406 --> 00:11:40,886
How romantic. You use them?
(SCOFFS)
229
00:11:40,942 --> 00:11:42,319
What you got?
230
00:11:42,377 --> 00:11:45,153
MasterCard charge,
two weeks ago.
231
00:11:45,814 --> 00:11:48,590
Seven hundred bucks
to lntelli-mate.
232
00:11:49,984 --> 00:11:51,827
So most of your customers
are women?
233
00:11:51,886 --> 00:11:52,956
90%.
234
00:11:53,021 --> 00:11:56,434
Today's world, a woman's gotta be nuts
to date someone without running a check.
235
00:11:56,491 --> 00:12:00,667
Here we are. Gail Churchill, gave me
a name and social security number.
236
00:12:00,729 --> 00:12:04,176
Said she wanted us to run a
check on Richard Morriston.
237
00:12:04,399 --> 00:12:07,209
We found three arrests,
four known aliases.
238
00:12:07,268 --> 00:12:10,249
Suspected in the unsolved
disappearance of a girl in Utah.
239
00:12:12,006 --> 00:12:15,112
Did Ms. Churchill say how she
came by the social security card?
240
00:12:15,176 --> 00:12:19,352
She was dating a guy named Landry.
Found Morriston's card in his wallet.
241
00:12:19,414 --> 00:12:20,825
I guess it set off a red flag.
242
00:12:20,882 --> 00:12:22,657
And you mailed this
information to her apartment?
243
00:12:22,717 --> 00:12:24,697
We don't do that
for security reasons.
244
00:12:24,753 --> 00:12:26,790
I called her when it was
ready, she picked it up.
245
00:12:27,722 --> 00:12:29,633
Day before the murders.
246
00:12:32,494 --> 00:12:35,703
We don't want to hold out any
false hopes, Mrs. Fazekas.
247
00:12:35,763 --> 00:12:39,040
Don't apologize, Detective, I know you're
not working on my daughter's case.
248
00:12:39,100 --> 00:12:40,443
Yeah.
I just want to help.
249
00:12:40,502 --> 00:12:41,947
This is Detective Green.
250
00:12:42,003 --> 00:12:43,004
Hello.
Hi.
251
00:12:43,071 --> 00:12:45,108
Can you help us with this?
252
00:12:46,474 --> 00:12:47,851
That's him.
253
00:12:48,777 --> 00:12:49,778
My God.
254
00:12:49,844 --> 00:12:51,517
ED: You recognize
Ms. Churchill?
255
00:12:51,579 --> 00:12:55,152
No, it's the necklace she's wearing.
It was my daughter's.
256
00:12:59,320 --> 00:13:00,822
So this is it.
257
00:13:03,258 --> 00:13:06,137
I've always known Beth was dead
but seeing this necklace...
258
00:13:07,896 --> 00:13:09,569
Are you sure it's the same?
259
00:13:09,664 --> 00:13:11,302
My husband and I
gave it to her.
260
00:13:11,366 --> 00:13:14,279
A heart-shaped diamond
surrounded by rubies.
261
00:13:14,569 --> 00:13:17,550
We had it made for her 18th birthday.
Did you find it?
262
00:13:17,605 --> 00:13:19,209
No, no ma'am.
263
00:13:19,774 --> 00:13:22,186
Do you have any receipts or anything
authenticating the necklace?
264
00:13:22,243 --> 00:13:24,189
My husband registered
it with Gemprint.
265
00:13:24,245 --> 00:13:27,454
It's a private appraisal
and registration service.
266
00:13:29,184 --> 00:13:32,791
We use a laser-based scanner
that interfaces with a PC.
267
00:13:33,822 --> 00:13:36,268
Fazekas, Carl,
here's your stone.
268
00:13:37,158 --> 00:13:39,331
Originally registered
in Salt Lake City.
269
00:13:39,394 --> 00:13:40,395
Originally?
270
00:13:40,962 --> 00:13:43,374
Uh, apparently it got sold
somewhere along the line,
271
00:13:43,431 --> 00:13:46,241
'cause we re-registered it
a few weeks ago.
272
00:13:46,434 --> 00:13:47,913
We're talking
about a necklace, right?
273
00:13:47,969 --> 00:13:49,971
A heart-shaped diamond
with rubies?
274
00:13:50,038 --> 00:13:51,142
(TYPING)
275
00:13:51,206 --> 00:13:52,207
Right here.
276
00:13:52,273 --> 00:13:54,082
Who registered it
the second time?
277
00:13:54,742 --> 00:13:55,846
Churchill, Gail.
278
00:13:57,312 --> 00:13:58,916
Did you tell her
she wasn't the first?
279
00:14:00,648 --> 00:14:02,753
She seemed puzzled,
didn't say why.
280
00:14:03,718 --> 00:14:07,188
So Landry/Morriston gives
Gail Churchill the necklace
281
00:14:07,255 --> 00:14:08,393
and a story
to go along with it.
282
00:14:08,456 --> 00:14:11,164
Yeah, probably that he had it
made especially for her.
283
00:14:11,226 --> 00:14:14,002
She's a jeweler so she knows it's
valuable, and she knows about Gemprint,
284
00:14:14,062 --> 00:14:15,564
so she takes it there
to get it registered.
285
00:14:15,630 --> 00:14:17,041
Yeah. Surprise! Surprise!
286
00:14:17,098 --> 00:14:18,236
Now she's suspicious,
287
00:14:18,299 --> 00:14:21,303
so she goes to his wallet and finds
Morriston's social security card.
288
00:14:21,870 --> 00:14:23,872
And lntelli-mate
puts it together for her.
289
00:14:24,205 --> 00:14:25,411
Morriston know he's a suspect?
290
00:14:25,473 --> 00:14:26,577
Not from us.
291
00:14:26,641 --> 00:14:28,587
So far he's just been
a friendly witness.
292
00:14:28,643 --> 00:14:33,149
All right. Let's find him, keep him
occupied until we get a search warrant.
293
00:14:36,050 --> 00:14:40,328
Isn't it awful? That poor little girl.
Mark has been so upset.
294
00:14:40,388 --> 00:14:41,662
Could you tell him we're here?
295
00:14:41,723 --> 00:14:45,000
Oh, I'm so sorry, he called in
from the field after you called
296
00:14:45,059 --> 00:14:46,595
and he said he really
wants to talk with you.
297
00:14:46,661 --> 00:14:47,662
He's not here?
298
00:14:47,729 --> 00:14:50,039
No, he's not here at the moment.
He said something came up
299
00:14:50,098 --> 00:14:52,237
and he just has to swing by
his apartment on the way in.
300
00:14:52,300 --> 00:14:53,472
What time did you
speak with him?
301
00:14:53,535 --> 00:14:54,673
About half an hour ago.
302
00:14:56,471 --> 00:14:58,075
Something wrong?
303
00:14:58,172 --> 00:15:02,746
Hey look, man, that's what you said five minutes ago.
We need that warrant now.
304
00:15:02,810 --> 00:15:04,153
Thank you.
305
00:15:04,679 --> 00:15:06,955
There's been some kind of glitch.
They're trying to track it down.
306
00:15:07,015 --> 00:15:09,621
Hey, why don't you guys wait outside
until you get your warrant?
307
00:15:12,253 --> 00:15:13,630
I guess we won't have to.
308
00:15:17,058 --> 00:15:18,059
Too late.
309
00:15:20,295 --> 00:15:21,501
Thanks.
310
00:15:24,933 --> 00:15:27,243
You forget something,
Morriston?
311
00:15:35,209 --> 00:15:36,620
I don't see a warrant.
312
00:15:36,678 --> 00:15:38,021
It'll be here in a minute.
313
00:15:39,480 --> 00:15:42,120
It is my understanding
that "in a minute"
314
00:15:42,483 --> 00:15:45,692
and "right now" are
two entirely different things.
315
00:15:48,823 --> 00:15:50,166
Excuse me.
316
00:15:55,863 --> 00:15:56,864
COP: Lennie.
317
00:16:00,435 --> 00:16:02,244
You got some tweezers,
lover boy?
318
00:16:04,038 --> 00:16:08,180
What we'd love to have happen here,
Morriston, just as a sideline,
319
00:16:08,242 --> 00:16:11,086
is you tell us where
Beth Fazekas ended up.
320
00:16:11,379 --> 00:16:14,292
Her mother's a nice lady, maybe
you'd like to help her out.
321
00:16:14,349 --> 00:16:16,329
I don't know where Beth is.
322
00:16:16,384 --> 00:16:17,692
How did I know
you were gonna say that?
323
00:16:18,052 --> 00:16:19,292
ED: Lennie,
324
00:16:19,354 --> 00:16:21,425
look what was in the
crawlspace above the closet.
325
00:16:21,489 --> 00:16:23,730
Labels say
"Surefire Security."
326
00:16:24,192 --> 00:16:27,264
You one of those psychos
who collects trophies?
327
00:16:56,157 --> 00:16:57,966
JACK: The only deal
on the table
328
00:16:58,026 --> 00:17:01,007
is a plea of guilty to the
top count of the indictment.
329
00:17:01,062 --> 00:17:05,272
Your indignation is based on fuzzy tapes
showing a man who could be anybody.
330
00:17:05,333 --> 00:17:07,370
CARMICHAEL: Tapes that were
recovered from his apartment.
331
00:17:07,435 --> 00:17:11,577
The video shows Mr. Morriston
leading four people to their death.
332
00:17:11,639 --> 00:17:15,212
And the police found the lntelli-mate
report in his desk at his office.
333
00:17:15,276 --> 00:17:18,382
A desk to which 40 people
have unfettered access.
334
00:17:19,213 --> 00:17:20,886
RICHARD: I don't blame you.
335
00:17:21,249 --> 00:17:24,389
I know how this looks, but I
didn't kill those people.
336
00:17:27,088 --> 00:17:30,433
It's gonna take more than a
smarmy imitation of sincerity
337
00:17:30,491 --> 00:17:32,437
to explain away those tapes.
338
00:17:32,493 --> 00:17:33,494
LYMAN: Coincidentally,
339
00:17:34,429 --> 00:17:37,967
motion to suppress the tapes and
anything else found in his apartment.
340
00:17:38,032 --> 00:17:39,807
Your legal theory being?
341
00:17:39,867 --> 00:17:42,177
Your detectives seized
Mr. Morriston's apartment
342
00:17:42,236 --> 00:17:45,342
prior to the issuance
of a valid search warrant.
343
00:17:48,142 --> 00:17:50,645
A toothpick?
What were they thinking?
344
00:17:50,712 --> 00:17:52,350
Jack, what were they
supposed to do?
345
00:17:52,413 --> 00:17:56,122
Let Morriston into his apartment, burn
the tapes, throw them out the window?
346
00:17:56,184 --> 00:17:59,324
In about an hour, they will be thrown
out the window by Judge Bradley.
347
00:17:59,387 --> 00:18:02,561
It's only because of those tapes
that we know what really happened.
348
00:18:02,623 --> 00:18:03,897
Too bad the jury won't.
349
00:18:05,159 --> 00:18:08,538
At least we have the necklace. And
we know he's lying about his alibi.
350
00:18:08,596 --> 00:18:11,099
Morriston claimed he was showing
an apartment at Carrington House
351
00:18:11,165 --> 00:18:12,269
when the murders took place.
352
00:18:12,333 --> 00:18:15,143
But now we know where he was.
Tapes put him at the crime scene.
353
00:18:15,203 --> 00:18:17,683
But if Jack's right, we're the
only ones who'll ever know.
354
00:18:17,739 --> 00:18:20,982
If we can't prove where he was, we'd damn
well better be able to prove where he wasn't.
355
00:18:21,042 --> 00:18:24,990
You go over his alibi again. Let's
account for every minute of his day.
356
00:18:25,313 --> 00:18:27,759
I'll go wrangle
with Judge Bradley.
357
00:18:27,849 --> 00:18:29,294
The insertion of the toothpick
358
00:18:29,350 --> 00:18:32,888
constituted an unlawful seizure
of my client's apartment.
359
00:18:33,121 --> 00:18:35,761
Mr. Lyman's desperation
is showing, Your Honor,
360
00:18:35,823 --> 00:18:39,771
because that videotape irrefutably
shows his client's guilt.
361
00:18:39,827 --> 00:18:43,400
The detectives were merely securing the
premises while awaiting the warrant.
362
00:18:43,464 --> 00:18:46,445
They had no right to secure the
premises prior to its arrival.
363
00:18:46,501 --> 00:18:48,981
If they hadn't, his client
would have destroyed evidence.
364
00:18:49,036 --> 00:18:51,778
Are you arguing there were exigent
circumstances, Counselor?
365
00:18:51,839 --> 00:18:54,046
Certainly there was exigency.
366
00:18:54,142 --> 00:18:57,055
The defendant has a history of
wriggling out of damaging situations.
367
00:18:57,111 --> 00:18:58,715
People v. Calder.
368
00:18:58,780 --> 00:19:02,523
Unless the police believed there was an
imminent risk of bodily harm to another,
369
00:19:02,583 --> 00:19:04,654
they clearly
violated procedure.
370
00:19:04,719 --> 00:19:07,928
Your honor, the arrival of Mr. Morriston
and the arrival of the warrant
371
00:19:07,989 --> 00:19:09,366
were virtually simultaneous.
372
00:19:09,424 --> 00:19:11,927
I understand the People have
powerful evidence, Mr. McCoy,
373
00:19:11,993 --> 00:19:14,530
but there's no way around
the Fourth Amendment here.
374
00:19:14,896 --> 00:19:15,897
The tapes are out.
375
00:19:15,963 --> 00:19:17,340
For God's sake judge,
did you watch them?
376
00:19:17,398 --> 00:19:18,433
I did not.
377
00:19:18,499 --> 00:19:20,706
I knew I had to exclude them.
378
00:19:21,335 --> 00:19:23,611
I didn't want them
to taint my objectivity.
379
00:19:26,073 --> 00:19:28,815
Landry, Morriston,
whatever the hell his name is
380
00:19:28,876 --> 00:19:32,517
he certainly wasn't at Carrington
House when we were there.
381
00:19:32,580 --> 00:19:33,854
And what time was that?
382
00:19:33,915 --> 00:19:36,259
We got there
a little after 5:00.
383
00:19:36,517 --> 00:19:38,554
Your appointment with him
was for 4:30?
384
00:19:38,920 --> 00:19:40,831
We're busy people,
Ms. Carmichael,
385
00:19:40,888 --> 00:19:43,459
I mean, he was working for us,
he should've waited.
386
00:19:43,591 --> 00:19:45,593
Okay. So you talked
to him later?
387
00:19:45,660 --> 00:19:48,766
Yes. He said
he waited for 30 minutes,
388
00:19:48,829 --> 00:19:51,867
then went to do something
else and came back later.
389
00:19:51,933 --> 00:19:53,913
Obviously, after we left.
390
00:19:53,968 --> 00:19:55,003
When was that?
391
00:19:55,069 --> 00:19:56,639
It was 5:20.
392
00:19:56,704 --> 00:19:59,275
We waited for 15 minutes.
393
00:20:01,142 --> 00:20:02,985
CARMICHAEL: The doorman at
the Carrington House said
394
00:20:03,044 --> 00:20:06,787
that Morriston showed up one late
afternoon in November carrying a gym bag.
395
00:20:06,848 --> 00:20:07,986
JACK: Can't pin down the date?
396
00:20:08,049 --> 00:20:09,687
CARMICHAEL: No but he
said it's the only time
397
00:20:09,750 --> 00:20:12,697
he's ever seen Morriston carrying
anything but a briefcase.
398
00:20:12,753 --> 00:20:15,063
So Morriston made the
appointment for 4:30,
399
00:20:15,122 --> 00:20:17,762
thinking he'd have an hour and
a half to kill those people,
400
00:20:17,825 --> 00:20:20,362
grab some jewels and still
make his appointment.
401
00:20:20,428 --> 00:20:24,342
But Gail Churchill wasn't where she was
supposed to be, he had to wait for her.
402
00:20:24,398 --> 00:20:25,809
And then he
put in an appearance
403
00:20:25,867 --> 00:20:28,143
at Carrington House
just to cover himself,
404
00:20:28,202 --> 00:20:30,773
if that was the day
he carried the gym bag.
405
00:20:30,838 --> 00:20:33,375
Well, it had to be, Jack. He had to
have some way of carrying the gun
406
00:20:33,441 --> 00:20:35,751
and the jewels
out of the store.
407
00:20:36,210 --> 00:20:39,817
Is the apartment Morriston was
supposed to show still empty?
408
00:20:39,881 --> 00:20:42,657
The new owners are doing some
remodeling before they move in.
409
00:20:42,717 --> 00:20:44,958
The workers start on Thursday.
410
00:20:45,553 --> 00:20:48,864
Make sure Briscoe and Green
have warrant in hand this time.
411
00:20:48,923 --> 00:20:50,596
And no toothpicks.
412
00:20:52,526 --> 00:20:55,973
My maintenance people say
Mr. Landry was in this apartment
413
00:20:56,030 --> 00:21:00,001
at least four times between November
12th and the date he became,
414
00:21:00,901 --> 00:21:03,142
unavailable for further visits.
415
00:21:03,404 --> 00:21:05,907
Did Landry have access
to any other empty apartments?
416
00:21:05,973 --> 00:21:08,112
This is the only one
he was showing at the time.
417
00:21:08,943 --> 00:21:09,944
Power switched off?
418
00:21:10,011 --> 00:21:11,684
When the apartments
are vacant, yes.
419
00:21:11,746 --> 00:21:15,057
What if a realtor wants to
show this place at night?
420
00:21:15,316 --> 00:21:16,590
Where'd you find it?
421
00:21:16,651 --> 00:21:18,892
They were hidden
in a locked electrical room.
422
00:21:18,953 --> 00:21:21,490
The manager says
Morriston had a key.
423
00:21:21,856 --> 00:21:25,133
Hey, guys, how much law school did
Morriston have before he dropped out?
424
00:21:25,193 --> 00:21:26,536
JACK: Why?
425
00:21:33,568 --> 00:21:37,414
I have both a statutory and a constitutional
right to represent myself, Judge.
426
00:21:37,471 --> 00:21:40,213
I advise you against this course
of action, Mr. Morriston.
427
00:21:40,274 --> 00:21:43,721
The standard is a knowing,
voluntary and intelligent waiver
428
00:21:43,778 --> 00:21:45,086
of the right to counsel.
429
00:21:45,146 --> 00:21:46,819
I'm exercising it.
430
00:21:47,081 --> 00:21:50,392
I don't want his conviction overturned
because of inadequate representation.
431
00:21:50,451 --> 00:21:53,398
The defendant is within
his rights, Mr. McCoy.
432
00:21:55,222 --> 00:21:58,465
I request you appoint Mr. Lyman
as his legal advisor.
433
00:21:59,493 --> 00:22:00,972
Mr. Morriston?
434
00:22:01,562 --> 00:22:02,905
It's fine with me, Your Honor.
435
00:22:03,631 --> 00:22:04,837
Then, if there's
nothing else...
436
00:22:04,899 --> 00:22:06,242
RICHARD:
I'd like to request bail.
437
00:22:07,101 --> 00:22:09,707
Mr. Lyman should've made
application for bail
438
00:22:09,770 --> 00:22:12,910
after the tapes were excluded
based on changed circumstances.
439
00:22:12,973 --> 00:22:15,283
The man is a vicious predator
and he's a flight risk.
440
00:22:15,343 --> 00:22:18,290
Mr. Morriston has lived in
New York for three years,
441
00:22:18,346 --> 00:22:22,920
he has close ties with the community, he has
a job to go back to after he is acquitted.
442
00:22:22,984 --> 00:22:23,985
Your Honor...
443
00:22:24,051 --> 00:22:25,928
There is no basis
for denying bail.
444
00:22:25,987 --> 00:22:28,831
Don't try to tell me
my job, Mr. Morriston.
445
00:22:29,824 --> 00:22:30,996
You either, Mr. McCoy.
446
00:22:31,425 --> 00:22:34,338
Bail for this defendant is set
in the amount of $1 million.
447
00:22:34,395 --> 00:22:35,874
Your Honor, one more thing,
448
00:22:35,930 --> 00:22:39,036
I move to suppress the necklace
and my prior arrest record.
449
00:22:39,100 --> 00:22:41,307
The necklace has
no bearing on this case.
450
00:22:41,369 --> 00:22:45,044
That's absurd. Gail Churchill's discovery
of the circumstances of the necklace
451
00:22:45,106 --> 00:22:47,211
provides the defendant
with motive.
452
00:22:47,441 --> 00:22:51,389
I agree with the People on the necklace.
It is inextricably linked to this case.
453
00:22:51,445 --> 00:22:53,391
As for the fraud conviction,
454
00:22:54,415 --> 00:22:58,295
I'll let the conviction come in,
Mr. McCoy, but not its underlying facts.
455
00:22:58,352 --> 00:22:59,353
Your Honor...
456
00:22:59,420 --> 00:23:03,061
That's enough, Mr. Morriston.
You have atrial to prepare for.
457
00:23:07,762 --> 00:23:11,073
JACK: This will be a difficult
time for all of you.
458
00:23:11,766 --> 00:23:15,908
You'll be asked to examine horrifying
photographs of a savage crime.
459
00:23:17,571 --> 00:23:20,074
You'll be asked
to confront the fact
460
00:23:20,908 --> 00:23:24,754
that this well-dressed,
soft-spoken defendant
461
00:23:25,513 --> 00:23:28,187
is capable
of terrible barbarity.
462
00:23:29,050 --> 00:23:32,862
The state of New York appreciates
your putting your own lives on hold
463
00:23:32,920 --> 00:23:39,098
in order to seek justice for the four
victims of Mr. Morriston's butchery.
464
00:23:53,941 --> 00:23:55,852
I agree with Mr. McCoy.
465
00:23:57,378 --> 00:24:00,757
These victims
cry out for justice
466
00:24:00,815 --> 00:24:04,024
and I'm grateful that the state
of New York has the resources
467
00:24:04,085 --> 00:24:05,894
to avenge these
terrible killings.
468
00:24:06,854 --> 00:24:08,333
My girlfriend
469
00:24:10,491 --> 00:24:12,471
and her sweet little daughter.
470
00:24:13,327 --> 00:24:17,776
Mr. and Mrs. Bennett, a lovely
couple, who never harmed a soul.
471
00:24:19,233 --> 00:24:24,842
Justice demands condemnation of the guilty,
not the sacrifice of the innocent.
472
00:24:27,475 --> 00:24:29,614
And I stand here before you,
473
00:24:31,312 --> 00:24:32,916
an innocent man.
474
00:24:35,082 --> 00:24:37,289
I ask you please,
475
00:24:38,819 --> 00:24:42,494
please pay close attention
to Mr. McCoy's case
476
00:24:43,858 --> 00:24:47,169
and decide whether you see one shred
of evidence that proves my guilt.
477
00:24:48,929 --> 00:24:51,466
The rest of my life
is in your hands.
478
00:24:52,867 --> 00:24:54,210
Thank you.
479
00:24:58,506 --> 00:25:00,315
HERRICK: The spatter
patterns were clear.
480
00:25:00,374 --> 00:25:02,217
Mr. Bennett was shot first,
481
00:25:02,810 --> 00:25:07,816
Mrs. Bennett second, then Mrs. Churchill
and finally the little girl.
482
00:25:07,882 --> 00:25:09,953
Could you describe
the child's wounds?
483
00:25:10,017 --> 00:25:11,587
Objection, Your Honor,
this is clearly...
484
00:25:11,652 --> 00:25:15,156
Mr. Morriston, it's customary to
stand when addressing the court.
485
00:25:15,389 --> 00:25:17,733
I think...
Yes, sir, I apologize.
486
00:25:18,626 --> 00:25:22,005
I think Mr. McCoy is attempting
to prejudice the jury.
487
00:25:26,033 --> 00:25:30,140
The jury can't render a verdict unless it's
made aware of the nature of the crime.
488
00:25:30,204 --> 00:25:32,480
These are intelligent,
sensitive people.
489
00:25:32,540 --> 00:25:35,487
You're forcing them to dwell
on the horror of this carnage.
490
00:25:35,543 --> 00:25:39,685
Mr. Morriston, please address your remarks
to the court, not to opposing counsel.
491
00:25:39,747 --> 00:25:41,090
And keep your voice down.
492
00:25:41,148 --> 00:25:42,627
I'm sorry, sir, I didn't know.
493
00:25:42,683 --> 00:25:45,755
Now you do. The witness
may answer the question.
494
00:25:48,522 --> 00:25:52,163
Ellie Churchill sustained a
single gunshot wound to the back.
495
00:25:52,226 --> 00:25:55,400
It perforated her heart.
Death was instantaneous.
496
00:25:55,963 --> 00:25:57,306
Thank you.
497
00:25:57,865 --> 00:25:59,469
Nothing further.
498
00:26:01,068 --> 00:26:02,411
Mr. Morriston?
499
00:26:14,982 --> 00:26:18,953
Your Honor, there's no debate that
the victims are horribly dead.
500
00:26:23,424 --> 00:26:25,028
I'm not sure what to ask.
501
00:26:27,495 --> 00:26:28,838
Mr. Lyman?
502
00:26:31,532 --> 00:26:35,878
In your examination of the bodies,
did you find any forensic evidence
503
00:26:35,936 --> 00:26:38,849
that enabled you to determine
the identity of the killer?
504
00:26:39,640 --> 00:26:40,846
HERRICK: I did not.
505
00:26:40,908 --> 00:26:41,943
LYMAN: Thank you.
506
00:26:42,009 --> 00:26:43,920
JUDGE: Mr. Morriston, do you
have any further questions?
507
00:26:44,612 --> 00:26:46,592
No, I'm through, Your Honor.
508
00:26:53,587 --> 00:26:57,228
There is more flirting going on in there
than at spring break on Padre Island.
509
00:26:57,291 --> 00:27:00,761
That's how Mr. Morriston's gotten
through life, by turning on the charm.
510
00:27:00,828 --> 00:27:03,308
Well, shouldn't we
notify Judge Bradley?
511
00:27:03,364 --> 00:27:05,469
I need something more tangible.
512
00:27:05,532 --> 00:27:07,910
See if Lieutenant Van Buren
can spare the manpower
513
00:27:07,968 --> 00:27:10,812
to keep tabs on him
when he's not in court.
514
00:27:13,440 --> 00:27:16,182
Beth disappeared
on October 3rd, 1994.
515
00:27:16,810 --> 00:27:20,758
She'd asked me if she could use our
house outside Provo for a few days.
516
00:27:20,814 --> 00:27:22,623
The police told us
she never made it there.
517
00:27:22,683 --> 00:27:24,890
Did Beth say
she'd be going by herself?
518
00:27:24,952 --> 00:27:28,900
Yes, she said she wanted to be alone
to think some things through.
519
00:27:28,956 --> 00:27:30,492
JACK:
Did she say what things?
520
00:27:30,557 --> 00:27:32,628
She said she didn't want
to talk about it yet.
521
00:27:32,793 --> 00:27:35,865
I got the impression that things
weren't going well with Richard.
522
00:27:35,930 --> 00:27:37,568
Objection, speculative.
523
00:27:37,631 --> 00:27:39,269
JUDGE: Sustained.
524
00:27:40,634 --> 00:27:42,671
People's four, Your Honor.
525
00:27:42,970 --> 00:27:46,281
This is the photograph of the
defendant with Gail Churchill.
526
00:27:47,575 --> 00:27:49,316
Have you seen
this photograph before?
527
00:27:49,376 --> 00:27:52,118
Yes. The New York police
showed it to me.
528
00:27:52,379 --> 00:27:54,416
I told them this necklace
was my daughter's.
529
00:27:54,481 --> 00:27:58,452
Do you know how it went from your
daughter's possession to Ms. Churchill's?
530
00:27:58,519 --> 00:28:00,931
LYMAN: Objection.
Calls for speculation.
531
00:28:00,988 --> 00:28:01,989
Sustained.
532
00:28:03,657 --> 00:28:05,568
I have nothing further.
533
00:28:22,076 --> 00:28:23,316
Mary, you know me.
534
00:28:24,445 --> 00:28:28,052
You know how I felt about Beth, you
can't think I'd have harmed her.
535
00:28:28,115 --> 00:28:30,561
Does Mr. Morriston have
a question for this witness
536
00:28:30,617 --> 00:28:32,597
he'd like to share
with the rest of us?
537
00:28:32,653 --> 00:28:36,100
JUDGE: Mr. Morriston, speak
so the court can hear you.
538
00:28:40,094 --> 00:28:42,165
When Beth disappeared,
what was my reaction?
539
00:28:44,031 --> 00:28:46,170
You pretended to be frantic.
540
00:28:46,567 --> 00:28:47,602
LYMAN: Your Honor...
541
00:28:47,701 --> 00:28:50,443
JUDGE: Mrs. Fazekas,
your opinions and intuitions
542
00:28:50,504 --> 00:28:52,484
can form no part
of these proceedings.
543
00:28:52,873 --> 00:28:54,784
Please stick to the facts.
544
00:28:54,842 --> 00:28:56,344
Mr. Morriston?
545
00:28:57,778 --> 00:28:59,314
I can't do this.
546
00:28:59,947 --> 00:29:02,052
JUDGE: Would you like
Mr. Lyman to take over?
547
00:29:02,483 --> 00:29:06,590
No, sir, I'd rather not put this
lady through any more of this.
548
00:29:08,055 --> 00:29:09,056
No further questions.
549
00:29:12,993 --> 00:29:15,030
Do you recognize these items?
550
00:29:15,095 --> 00:29:19,066
Yes. That's the murder weapon and that's the
merchandise taken from Bennett jewelry.
551
00:29:19,133 --> 00:29:20,806
Where did you recover them?
552
00:29:20,868 --> 00:29:25,476
They were hidden in an electrical room
on the 10th floor of Carrington House.
553
00:29:26,807 --> 00:29:31,347
The apartment Mr. Morriston was supposed
to show that day what floor was it on?
554
00:29:32,279 --> 00:29:33,349
Ten.
555
00:29:35,015 --> 00:29:37,621
Thank you, Detective.
Nothing further.
556
00:29:56,537 --> 00:29:59,609
Were my fingerprints on any of
these items that you found?
557
00:29:59,673 --> 00:30:01,812
The evidence indicated
the killer wore gloves.
558
00:30:01,875 --> 00:30:03,149
RICHARD: I'm sorry, Detective.
559
00:30:03,477 --> 00:30:05,855
I believe that that was
a yes or no question.
560
00:30:05,913 --> 00:30:07,950
JUDGE: Yes or no, Detective.
561
00:30:08,949 --> 00:30:10,326
(SIGHS) No.
562
00:30:10,484 --> 00:30:12,964
Did you try and link me with the gun?
Yes or no?
563
00:30:13,253 --> 00:30:14,288
BRISCOE: Yes.
564
00:30:14,354 --> 00:30:16,698
And were you successful?
Yes or no?
565
00:30:17,791 --> 00:30:18,826
No.
566
00:30:22,496 --> 00:30:23,600
Thank you.
567
00:30:26,667 --> 00:30:28,544
RICHARD: Detective Briscoe,
568
00:30:31,238 --> 00:30:34,310
when you and your partner
talked to me after the murders,
569
00:30:34,374 --> 00:30:37,014
did you ask me where I was on
the afternoon of the 12th?
570
00:30:37,077 --> 00:30:40,854
Yes. You said you were showing an
apartment at Carrington House.
571
00:30:41,248 --> 00:30:42,591
Thank you.
572
00:30:43,650 --> 00:30:45,789
That's all. Nothing further.
573
00:30:52,092 --> 00:30:53,969
(WHISPERING INAUDIBLY)
574
00:30:54,161 --> 00:30:55,970
Approach, Your Honor?
575
00:30:56,430 --> 00:30:58,239
JUDGE: Mr. Morriston.
576
00:31:00,267 --> 00:31:03,874
My opinion, we have a serious
problem with juror number one.
577
00:31:04,671 --> 00:31:06,309
Send the jury out.
578
00:31:06,974 --> 00:31:10,421
I will see the rest of you
in my chambers in one hour.
579
00:31:11,044 --> 00:31:13,650
Judge Bradley, he's flirting
with the jury foreperson
580
00:31:13,714 --> 00:31:15,250
and she's flirting with him.
581
00:31:15,315 --> 00:31:19,024
Your Honor, I was simply addressing the jury.
Is that wrong?
582
00:31:19,586 --> 00:31:23,500
So, what do you suggest, Mr. McCoy? I
can't order the jury to wear blindfolds.
583
00:31:23,557 --> 00:31:26,970
The People request you remove juror
number one and seat an alternate.
584
00:31:27,027 --> 00:31:28,233
JUDGE: On what grounds?
585
00:31:28,295 --> 00:31:29,296
Do you have any evidence
586
00:31:29,363 --> 00:31:32,173
the defendant is improperly
influencing members of this jury?
587
00:31:32,299 --> 00:31:34,245
He's contacting them
outside of the court?
588
00:31:34,301 --> 00:31:35,439
That he's offering them
inducements?
589
00:31:35,969 --> 00:31:38,711
I believe there's a considerable
amount of unspoken communication
590
00:31:38,772 --> 00:31:40,046
going on between
the two of them.
591
00:31:40,107 --> 00:31:44,954
Mr. McCoy, I'm afraid I'll need a lot more
than that to remove a juror mid-trial.
592
00:31:45,245 --> 00:31:46,690
People's request denied.
593
00:31:47,714 --> 00:31:50,786
Mr. Morriston, this court
is not a singles bar.
594
00:31:51,385 --> 00:31:54,298
You will conduct yourself
with the proper decorum.
595
00:31:57,391 --> 00:32:00,838
There is no margin of error
in the process, Mr. McCoy.
596
00:32:00,961 --> 00:32:03,840
The Gemprint system
is as accurate as DNA.
597
00:32:04,298 --> 00:32:08,644
So your testimony is that the necklace
registered by Mr. Fazekas in Utah,
598
00:32:08,702 --> 00:32:11,842
is the same necklace Gail
Churchill registered in New York?
599
00:32:12,105 --> 00:32:13,106
Yes, sir.
600
00:32:15,409 --> 00:32:17,821
Thank you.
I have nothing further.
601
00:32:27,187 --> 00:32:30,999
Is it your understanding that DNA is an
infallible identification technique?
602
00:32:31,925 --> 00:32:32,926
Pretty close.
603
00:32:39,733 --> 00:32:43,704
So, when you compare
your technique to DNA
604
00:32:43,770 --> 00:32:47,877
you're saying that Gemprint comes
"pretty close" to being accurate?
605
00:32:48,275 --> 00:32:49,618
That's not what I said.
606
00:32:50,143 --> 00:32:52,248
That's what some of us heard.
607
00:32:53,380 --> 00:32:54,484
Um...
608
00:32:55,382 --> 00:32:57,521
No more questions.
Thank you.
609
00:32:59,119 --> 00:33:00,325
Mr. McCoy.
610
00:33:00,387 --> 00:33:02,526
The People rest, Your Honor.
611
00:33:02,656 --> 00:33:05,398
Is the defense ready
to proceed with its case?
612
00:33:06,226 --> 00:33:09,605
Yes, sir,
we call Annette Perry.
613
00:33:10,497 --> 00:33:11,874
Your Honor...
614
00:33:12,699 --> 00:33:15,202
There's no such name
on the witness list.
615
00:33:15,969 --> 00:33:17,312
Mr. Lyman?
616
00:33:18,872 --> 00:33:23,321
Mr. Morisston informed me only today, Your Honor.
Ms. Perry is an alibi witness.
617
00:33:23,377 --> 00:33:27,792
If the defendant has an alibi witness, the
People have a right to statutory notice.
618
00:33:27,848 --> 00:33:30,158
You have 48 hours
to check out the witness.
619
00:33:30,384 --> 00:33:31,988
(GAVEL BANGING)
620
00:33:35,856 --> 00:33:40,202
Annette Perry is the receptionist at the
realty company where Morriston works.
621
00:33:40,260 --> 00:33:43,707
According to several of her co-workers,
she's had the hots for Morriston,
622
00:33:43,764 --> 00:33:46,608
who, up until now, has
shown zero interest in her.
623
00:33:46,666 --> 00:33:48,703
What kind of interest
is he showing now?
624
00:33:48,769 --> 00:33:51,716
Well, according to the cops,
he's had dinner at her apartment
625
00:33:51,772 --> 00:33:55,914
twice in the past couple of days,
each time he stayed several hours.
626
00:33:56,810 --> 00:33:58,790
Track down Judge Bradley
627
00:33:58,912 --> 00:34:02,485
and have the cops find out where
Ms. Perry really was that afternoon.
628
00:34:02,549 --> 00:34:04,426
They're already on it.
629
00:34:05,652 --> 00:34:08,496
Putting this woman on the stand
amounts to suborning perjury.
630
00:34:08,555 --> 00:34:11,092
Judge, there's nothing to say
the witness is lying.
631
00:34:11,158 --> 00:34:12,535
The tapes say it.
632
00:34:12,593 --> 00:34:14,573
The tapes aren't part
of the evidence.
633
00:34:14,628 --> 00:34:18,075
Mr. Morriston is with Ms. Perry every
night of the week, Your Honor.
634
00:34:18,532 --> 00:34:19,567
How do you know that?
635
00:34:19,633 --> 00:34:22,341
I instructed the police
to keep tabs on him.
636
00:34:22,402 --> 00:34:24,348
We think he's a flight risk
637
00:34:24,404 --> 00:34:27,715
and his inappropriate behavior towards the
jury may extend beyond the courtroom.
638
00:34:28,075 --> 00:34:30,055
Since Mr. Morriston
is acting pro se,
639
00:34:30,110 --> 00:34:33,557
having him followed is tantamount
to intimidating counsel, Mr. McCoy.
640
00:34:33,613 --> 00:34:35,183
Call off the dogs.
641
00:34:35,248 --> 00:34:38,718
Mr. Morriston, you do understand
what suborning perjury means?
642
00:34:38,785 --> 00:34:41,698
Ms. Perry can prove that I did not
commit the crime, Your Honor,
643
00:34:41,755 --> 00:34:43,792
you can't refuse
to let her testify.
644
00:34:43,857 --> 00:34:45,768
JACK: She's on the stand,
Mr. Morriston,
645
00:34:45,826 --> 00:34:47,328
feeding her leading questions.
646
00:34:47,394 --> 00:34:49,032
You think I'm
some kind of Svengali?
647
00:34:49,096 --> 00:34:51,167
Fine. Let Mr. Lyman
question her.
648
00:34:51,231 --> 00:34:53,472
I'll sit in my seat
and not say a word.
649
00:34:53,533 --> 00:34:54,568
JUDGE: Mr. McCoy?
650
00:34:54,634 --> 00:34:56,511
Still clearly perjury,
Your Honor.
651
00:34:56,570 --> 00:34:59,574
He has a right to
an alibi witness, Mr. McCoy.
652
00:35:00,741 --> 00:35:02,379
Send in the jury.
653
00:35:05,946 --> 00:35:10,053
Do you remember where you were the
afternoon of November 12th of last year?
654
00:35:10,550 --> 00:35:11,756
I was with him.
655
00:35:11,818 --> 00:35:14,025
He was showing me
around Carrington House.
656
00:35:14,521 --> 00:35:17,968
I told him how much I would love to see
inside a famous building like that,
657
00:35:18,025 --> 00:35:20,062
and he was nice enough
to show it to me.
658
00:35:20,127 --> 00:35:23,438
What time did you and
he arrive at Carrington House?
659
00:35:23,730 --> 00:35:27,109
We got there a little after
3:00 and left around 5:30.
660
00:35:28,101 --> 00:35:31,571
Did the defendant ask you
to come here and lie for him?
661
00:35:31,772 --> 00:35:33,251
He wouldn't do that.
662
00:35:34,041 --> 00:35:36,578
Thank you, Ms. Perry,
that'll be all.
663
00:35:39,046 --> 00:35:41,856
Are you in love with the
defendant, Ms. Perry?
664
00:35:41,915 --> 00:35:43,485
Objection, relevance.
665
00:35:43,550 --> 00:35:45,086
It's obvious, Your Honor.
666
00:35:45,152 --> 00:35:47,758
JUDGE: Overruled.
Go ahead, Mr. McCoy.
667
00:35:48,588 --> 00:35:49,931
Ms. Perry?
668
00:35:50,524 --> 00:35:53,300
We have a strictly
professional relationship.
669
00:35:55,095 --> 00:35:58,201
Have you had dinner
with Mr. Morriston recently?
670
00:35:59,266 --> 00:36:01,041
Just the two of you?
671
00:36:01,234 --> 00:36:02,975
Yes, several times.
672
00:36:03,503 --> 00:36:04,675
Where?
673
00:36:05,539 --> 00:36:07,143
In my apartment.
674
00:36:07,274 --> 00:36:09,880
JACK: And these meetings
were strictly professional?
675
00:36:10,310 --> 00:36:11,618
PERRY: Yes, sir, they were.
676
00:36:11,678 --> 00:36:13,419
JACK: What was the business
677
00:36:13,513 --> 00:36:17,586
you and Mr. Morriston had with
each other on these occasions?
678
00:36:18,084 --> 00:36:20,621
He was helping me study
for my real estate exam.
679
00:36:20,687 --> 00:36:24,225
And he was doing this out
of the goodness of his heart?
680
00:36:24,591 --> 00:36:28,232
Yes. He's a very generous,
thoughtful person.
681
00:36:29,296 --> 00:36:32,106
I told him it could wait until
after the trial, but he insisted.
682
00:36:33,066 --> 00:36:35,569
JACK: Where were you on
November the 12th, Ms. Perry?
683
00:36:36,036 --> 00:36:38,778
Objection. Asked
and answered, Your Honor.
684
00:36:38,972 --> 00:36:40,610
JUDGE: Sustained.
685
00:36:40,907 --> 00:36:43,217
Are you aware of
the penalty for perjury?
686
00:36:43,276 --> 00:36:45,222
LYMAN: Objection.
Mr. McCoy?
687
00:36:48,648 --> 00:36:50,252
Nothing further.
688
00:36:51,985 --> 00:36:53,225
LYMAN: Richard,
689
00:36:54,521 --> 00:36:57,627
I would like to take you
through Mr. McCoy's case,
690
00:36:57,691 --> 00:37:00,900
and I would like you to
address the jury directly.
691
00:37:02,729 --> 00:37:04,504
If you were already
at Carrington House,
692
00:37:05,165 --> 00:37:07,975
why didn't you keep
your 4:30 appointment?
693
00:37:08,268 --> 00:37:12,808
Annette was having such a good time I
hated to cut it short and disappoint her.
694
00:37:12,873 --> 00:37:15,285
I can reschedule
an appointment at any time.
695
00:37:15,342 --> 00:37:17,379
Did you ask Annette Perry
to lie for you?
696
00:37:18,011 --> 00:37:19,422
No, I did not.
697
00:37:19,479 --> 00:37:21,891
Now, about the gun
and the jewels.
698
00:37:21,948 --> 00:37:25,122
Do you have any explanation as to why
they were found at Carrington House?
699
00:37:25,185 --> 00:37:28,132
Well, I don't know
that they were, Mr. Lyman.
700
00:37:28,255 --> 00:37:30,792
I only know that the police
say that they were.
701
00:37:32,826 --> 00:37:34,066
Richard,
702
00:37:36,163 --> 00:37:38,507
did you kill
any of these people?
703
00:37:38,732 --> 00:37:39,904
Adam and Corinne Bennett?
704
00:37:40,333 --> 00:37:41,835
No, I did not.
705
00:37:45,906 --> 00:37:47,442
Gail Churchill?
706
00:37:49,009 --> 00:37:50,249
God, no.
707
00:37:53,847 --> 00:37:55,326
Ellie Churchill?
708
00:37:57,717 --> 00:37:58,752
No.
709
00:38:00,854 --> 00:38:02,595
Thank you, Richard.
710
00:38:05,325 --> 00:38:10,866
I notice Mr. Lyman didn't ask you
about the report from Intelli-mate
711
00:38:10,931 --> 00:38:13,411
that was found in your office.
712
00:38:13,700 --> 00:38:16,510
Is that because you're having
trouble coming up with a lie
713
00:38:16,570 --> 00:38:18,208
that covers that circumstance?
714
00:38:18,271 --> 00:38:19,978
LYMAN: Objection.
JUDGE: Sustained.
715
00:38:20,140 --> 00:38:21,813
Watch your step,
Mr. McCoy.
716
00:38:22,509 --> 00:38:24,819
How did that report
come into your possession?
717
00:38:25,212 --> 00:38:27,192
I don't know, Mr. McCoy.
718
00:38:28,715 --> 00:38:30,991
Perhaps the police
planted that, too?
719
00:38:31,518 --> 00:38:32,826
That would explain it.
720
00:38:33,153 --> 00:38:37,067
Did the Denver police plant the evidence
that led to your fraud conviction there?
721
00:38:37,123 --> 00:38:38,124
Objection.
722
00:38:38,191 --> 00:38:40,637
Overruled,
the witness will answer.
723
00:38:41,862 --> 00:38:45,105
I don't think they framed me, I
think they just made a mistake.
724
00:38:45,332 --> 00:38:50,213
You're asking this jury to believe
that New York police framed you,
725
00:38:51,271 --> 00:38:54,081
the Denver police
are incompetent
726
00:38:55,008 --> 00:39:00,390
and that Beth Fazekas's necklace wound
up in your possession by coincidence.
727
00:39:00,981 --> 00:39:03,427
I don't have any other
explanations, Mr. McCoy.
728
00:39:03,483 --> 00:39:09,399
Twenty-four hours after Gail Churchill
found out whose necklace you gave her,
729
00:39:09,556 --> 00:39:10,694
she was dead.
730
00:39:11,191 --> 00:39:16,140
Are you asking this jury to believe
that those two events are unrelated?
731
00:39:16,196 --> 00:39:19,700
You can pile up coincidences, Mr. McCoy,
you can slather on the sarcasm,
732
00:39:19,766 --> 00:39:22,542
but you will not get me
to say that I killed anybody.
733
00:39:23,103 --> 00:39:24,776
Because I did not.
734
00:39:24,971 --> 00:39:28,942
Don't you think your lies
amount to a confession?
735
00:39:29,009 --> 00:39:30,044
LYMAN: Objection.
736
00:39:30,110 --> 00:39:32,716
JUDGE: Sustained.
Rephrase, Mr. McCoy.
737
00:39:39,386 --> 00:39:40,729
Withdrawn.
738
00:39:50,230 --> 00:39:52,232
Based on your note,
Madam Foreperson,
739
00:39:52,299 --> 00:39:55,303
I see you are still
unable to reach a verdict.
740
00:39:55,635 --> 00:39:56,773
Is that correct?
741
00:39:56,836 --> 00:39:58,008
Yes, Your Honor.
742
00:39:58,071 --> 00:40:01,917
I also understand that further
deliberation would be pointless.
743
00:40:02,008 --> 00:40:03,578
Is that correct?
744
00:40:03,643 --> 00:40:04,747
Yes, Your Honor.
745
00:40:04,811 --> 00:40:06,188
Thank you. Thank you
for seeing through the lies...
746
00:40:06,246 --> 00:40:07,247
(GAVEL BANGING)
747
00:40:07,313 --> 00:40:09,122
Quiet, Mr. Morriston.
748
00:40:10,650 --> 00:40:14,223
Counselors, based on that record, I have
no choice but to declare a mistrial.
749
00:40:15,255 --> 00:40:16,825
Ladies and gentlemen,
you're excused.
750
00:40:17,090 --> 00:40:18,296
(GAVEL BANGING)
751
00:40:24,164 --> 00:40:26,872
How far are we from going
to trial on the serial rapist?
752
00:40:26,933 --> 00:40:28,970
The defense just asked
for their third continuance
753
00:40:29,035 --> 00:40:30,480
and Lewin wants me
to give it to them.
754
00:40:30,537 --> 00:40:33,211
Well, we're about to get buried
on our car-jacking friend.
755
00:40:33,273 --> 00:40:34,274
What can I do?
756
00:40:34,340 --> 00:40:35,341
(KNOCKING ON DOOR)
757
00:40:38,411 --> 00:40:40,084
Can I talk to you?
758
00:40:42,782 --> 00:40:44,022
Come in.
759
00:40:49,756 --> 00:40:52,168
I think I made
a terrible mistake.
760
00:40:56,496 --> 00:40:58,134
He did it, didn't he?
761
00:40:58,198 --> 00:41:00,178
Yeah. He did it.
762
00:41:02,502 --> 00:41:04,675
Why exactly are you here,
Ms. Gibbons?
763
00:41:07,307 --> 00:41:11,881
I'm afraid I may have used undue
influence as the foreperson.
764
00:41:13,146 --> 00:41:14,216
HOW?
765
00:41:14,347 --> 00:41:18,227
I used my position to keep pushing
for a not guilty verdict.
766
00:41:18,785 --> 00:41:19,957
Why did you do that?
767
00:41:20,019 --> 00:41:21,692
I thought he was innocent.
768
00:41:24,591 --> 00:41:27,333
I thought we had this
magical connection.
769
00:41:28,762 --> 00:41:31,766
That he was this
once-in-a-lifetime soul mate.
770
00:41:32,899 --> 00:41:36,938
You thought all that without
ever actually speaking to him?
771
00:41:41,041 --> 00:41:42,042
Unless you did.
772
00:41:46,680 --> 00:41:48,557
We went out to dinner.
773
00:41:51,651 --> 00:41:52,755
When?
774
00:41:53,052 --> 00:41:54,690
During the trial.
775
00:41:55,388 --> 00:41:56,560
(SIGHS)
776
00:41:56,623 --> 00:41:58,500
After the police
stopped following him.
777
00:41:58,558 --> 00:42:00,299
We didn't talk about
the case at all.
778
00:42:01,694 --> 00:42:03,731
We talked about ourselves.
779
00:42:05,398 --> 00:42:07,071
He listened to me.
780
00:42:09,636 --> 00:42:12,480
He was interested in
whatever I had to say.
781
00:42:13,106 --> 00:42:15,848
How long after the trial
did he dump you?
782
00:42:17,844 --> 00:42:19,118
Two days.
783
00:42:21,648 --> 00:42:23,855
Are you willing to
say this under oath?
784
00:42:27,053 --> 00:42:29,897
Yeah.
He killed a child.
785
00:42:32,826 --> 00:42:35,272
I'll do anything
you want me to do.
786
00:42:39,132 --> 00:42:42,204
So, we retry him for homicide
and add jury tampering.
787
00:42:42,268 --> 00:42:43,508
An A misdemeanor.
788
00:42:43,570 --> 00:42:44,571
(CELL PHONE RINGING)
789
00:42:44,637 --> 00:42:46,913
His lawyer will maintain it's just
the revenge of a woman scorned.
790
00:42:46,973 --> 00:42:49,419
We're not gonna convict this
guy of anything, are we?
791
00:42:49,509 --> 00:42:52,251
I don't think so.
I think this one walks.
792
00:42:52,445 --> 00:42:54,254
We'll be right there.
793
00:42:54,447 --> 00:42:55,949
Not this time.
794
00:43:00,053 --> 00:43:03,091
BRISCOE: She's washing the dishes,
she's got the water running,
795
00:43:03,156 --> 00:43:07,798
he comes up behind her, wraps this
around her neck, she stabs him.
796
00:43:09,562 --> 00:43:11,007
CARMICHAEL: So, is that
what happened, Carol?
797
00:43:11,064 --> 00:43:12,134
CAROL: Yes.
798
00:43:12,232 --> 00:43:13,267
So he snuck up behind you?
799
00:43:14,868 --> 00:43:16,211
Is that when you reached
for the shears?
800
00:43:16,269 --> 00:43:17,339
Yes.
801
00:43:17,971 --> 00:43:19,075
Okay.
802
00:43:20,974 --> 00:43:22,783
Marks on her neck
consistent with that?
803
00:43:22,842 --> 00:43:24,344
Looks like it.
804
00:43:24,477 --> 00:43:26,081
Is she a collar?
805
00:43:30,250 --> 00:43:31,627
Wrap it up...
806
00:43:31,677 --> 00:43:36,227
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