Original subtitles

YOU'RE GOING TO WALK INTO THAT COURTROOM

BY HIS SIDE, HOLDING HIS HAND.

NEVER GIVE THE JURY A CHANCE

TO THINK THAT YOU'RE NOT DEVOTED.

OR THE MEDIA. THE FACT THAT THE JURY'S SEQUESTERED DOESN'T MATTER.

NEWSPAPERS GET THROUGH. TELEVISION, TOO.

THEY'LL SAY HE CAME TO KILL HER THAT NIGHT.

WE'LL SAY HE CAME TO SEE HER THE DAY OF.

THEY'LL SAY HE GOT SCRATCHED WHILE ATTACKING HER.

WE'LL SAY SHE SCRATCHED HIM

WHILE MAKING LOVE.

THEY'LL SAY, WHERE'S THE SEMEN?

WE'LL SAY A--SHE TOOK A BATH,

B--HE WORE A CONDOM.

EVERY RED HERRING HAS TO BE COVERED.

THEY'LL BE RUNNING THEM UP FLAGPOLES, I GUARANTEE IT.

WHAT ABOUT THE SHOE?

WE'LL SEE AS WE GO.

HAIR, PRINTS, FIBERS-- NOTHING WE CAN'T EXPLAIN.

WE GOTTA TAKE OUT THE MOTHER.

IF THOSE THREATS COME IN...

ARE YOU SET ON THAT?

YES, BUT DON'T FIGURE TO SUPPRESS.

AND IF WE DON'T SUPPRESS,

FIGURE THE MOTHER TO TESTIFY FIRST.

THEY MIGHT LEAD WITH DNA.

I'M NOT LEADING OFF WITH THE DNA.

IT'LL PUT THE JURY TO SLEEP.

WE GO WITH THE VICTIM'S MOTHER.

SHE'S READY. I'VE BEEN OVER HER TESTIMONY--

GO OVER IT WITH HER AGAIN.

HOW CAN I NOT TESTIFY?

I'M NOT SAYING YOU WON'T,

BUT THE DECISION DOESN'T HAVE TO BE MADE YET.

IF THEY DON'T MAKE THEIR CASE,

WE DON'T GIVE THEM THE CHANCE TO TAKE WHACKS AT YOU.

YOU SET?

I'M SET.

BOBBY...

ALMOST 3 MONTHS...

YOU'VE NEVER ASKED ME IF I'M INNOCENT.

I AM.

I AM.

EXPEDITED TRANSCRIPTS EVERY SINGLE DAY.

ALL RIGHT. WE'RE READY. YOU READY?

OK...

THAT DOCTOR CUT OFF CINDY MARKS' HEAD.

NOW WE GO AFTER HIS.

YOU'RE THE SAME REPORTER WHO'S BEEN CALLING.

YOU DON'T THINK I KNOW YOUR VOICE?

DO YOU RECOGNIZE MY CLICK?

SOME OF THE EXPECTED JUICE HAS DRIPPED AWAY, JANET.

IT SEEMS D.A. GAMBLE AND DEFENSE ATTORNEY DONNELL

ARE NO LONGER ROMANTIC PARTNERS.

SOURCES SAY OTHER THAN TRIAL CORRESPONDENCE,

COMMUNICATION HAS BEEN SPARSE BETWEEN THEM.

FIGURE THE DIALOGUE TO HEAT UP THIS MORNING, THOUGH.

THE SUBJECT OF THE PRETRIAL:

WHETHER OR NOT LORRAINE MARKS GETS TO TESTIFY

ABOUT THE THREATS DR. WINSLOW MADE TO HER DAUGHTER.

IT ISN'T JUST HEARSAY. IT'S TOTEM POLE.

IT WOULD BE REVERSIBLE ERROR TO ALLOW IT.

YOUR HONOR, THESE STATEMENTS WOULD CLEARLY BE EXEMPTED FROM THE HEARSAY RULE.

CLEAR TO WHO?

CINDY MARKS WAS IN AN EXCITED STATE

WHEN SHE SAID THESE THINGS.

WE'RE NOT JUST DEALING

WITH CINDY MARKS' STATEMENTS TO HER MOTHER.

WE'RE DEALING WITH SUPPOSED STATEMENTS MADE BY MY CLIENT

TO CINDY MARKS. I DON'T CARE HOW EXCITED SHE WAS

WHEN SHE WAS TALKING TO HER MOTHER.

SHE WAS PASSING THINGS ON THAT HE SAID TO HER. THAT'S HEARSAY, TOO.

HIS STATEMENTS WOULD BE DECLARATIONS AGAINST INTEREST.

COME ON, HELEN. I KNOW YOU WENT TO LAW SCHOOL. I WAS THERE.

I OBJECT TO THAT.

ALL RIGHT. I'VE HEARD ENOUGH.

THE TESTIMONY OF MRS. MARKS IS ADMISSIBLE.

OPENING STATEMENTS AFTER LUNCH.

ADJOURNED.

[POUNDS GAVEL]

AN EXTREMELY BIG WIN FOR THE PROSECUTION, JIM.

ABSOLUTELY. THE VICTIM'S MOTHER ESTABLISHES MOTIVE.

THE PROSECUTION CAN EASILY PROVE THE AFFAIR.

THAT'S NOT A PROBLEM.

BUT MOTIVE TO KILL, THE THREATS TO KILL,

THAT ALL COMES FROM LORRAINE MARKS,

AND SHE CAN BE VERY TOUGH FOR THE DEFENSE TO CRACK.

I APOLOGIZE...

NOT JUST BECAUSE WE'RE ASKING YOU

TO TAKE TIME OUT FROM YOUR FAMILIES

AND YOUR LIVES,

BUT BECAUSE WE'RE ASKING YOU TO FOCUS

ON THE VERY WORST HUMAN NATURE HAS TO OFFER:

MURDER.

THIS WAS A GRUESOME, SICKENING CRIME.

HE CUT OFF HER HEAD,

HE CHOPPED OFF HER HANDS.

AND AS WE GO THROUGH THE FACTS OF THIS CASE,

IT WILL BE DIFFICULT,

IT WILL BE PAINFUL.

PAINFUL TO FACE A REALITY

THAT SOMETIMES UNDERNEATH COATS AND TIES

AND WELL-GROOMED APPEARANCES...

THERE LIE MURDERERS.

THERE LIES ONE HERE.

YES, THERE WAS SEX

AND LOVE AND PASSION.

JEFFREY WINSLOW WAS HAVING AN AFFAIR WITH THE VICTIM.

LISTEN TO THE PROSECUTION'S CASE CLOSELY.

ALL IT WILL PROVE

IS WHAT I JUST TOLD YOU,

MY CLIENT HAD AN AFFAIR WITH CINDY MARKS.

THAT'S ALL THEY'VE GOT

BECAUSE THAT'S ALL THERE IS.

YES, SOMEBODY DID KILL HER...

BUT IT WASN'T JEFFREY WINSLOW.

SO THIS TELEPHONE CONVERSATION TOOK PLACE WHEN, MA'AM?

3 DAYS BEFORE SHE WAS KILLED.

SHE CALLED YOU?

NO. I'D CALLED HER,

AND I SAW THAT SHE WAS VERY UPSET.

DID SHE TELL YOU WHY SHE WAS UPSET?

SHE DIDN'T WANT TO DISCUSS IT.

CINDY AND I NEVER REALLY COMMUNICATED MUCH

ON HER PRIVATE LIFE,

SINCE I USUALLY DISAPPROVED OF IT.

SO SHE NEVER TOLD YOU THE CAUSE OF HER BEING UPSET?

EVENTUALLY, SHE DID.

WHEN I PRESSED HER ON IT...

SHE TOLD ME.

SHE SAID HER RELATIONSHIP WITH DR. WINSLOW

WAS BECOMING UGLY... VOLATILE.

SHE SAID SHE WANTED TO MAKE PUBLIC THEIR INVOLVEMENT,

AND HE THREATENED HER.

HE SAID IF SHE TRIED TO EXPOSE THE AFFAIR,

THAT HE WOULD STOP HER.

DID SHE SAY ANYTHING ELSE, MRS. MARKS?

YES. SHE SAID...

SHE WAS SCARED THAT HE MIGHT HURT HER.

THANK YOU, MRS. MARKS.

YOU SAID SHE NEVER LIKED

TO DISCUSS HER PRIVATE LIFE WITH YOU.

YES.

MIGHT SHE GO SO FAR

AS TO CONCEAL HER PERSONAL LIFE FROM YOU?

SHE MIGHT.

GIVEN THAT YOUR DAUGHTER MIGHT CONCEAL HER PERSONAL LIFE FROM YOU,

IS IT POSSIBLE THAT SHE WAS ALSO SEEING SOMEBODY ELSE

IN ADDITION TO MY CLIENT

AND SHE WOULD TRY TO CONCEAL THAT?

I SUPPOSE IT'S POSSIBLE.

Eugene: YOU SEE THAT MAN SITTING THERE?

WHO IS HE?

HIS NAME IS KENNETH FULLER.

HE'S CINDY'S EX-HUSBAND.

COULD YOU DESCRIBE YOUR FEELINGS FOR HIM?

NOT GOOD.

NOT GOOD. UH...

WOULD IT BE FAIR TO SAY THAT YOU DISLIKE HIM A LOT?

THAT WOULD BE FAIR.

YOUR DAUGHTER KNEW THAT?

IN NO UNCERTAIN TERMS.

SUPPOSE, MRS. MARKS, JUST SUPPOSE...

YOUR DAUGHTER RESUMED A RELATIONSHIP WITH THIS MAN.

YOU'D DISAPPROVE?

STRONGLY.

STRONGLY.

KNOWING THAT, IS IT POSSIBLE CINDY WOULD WANT TO HIDE THAT FACT FROM YOU?

YOUR HONOR. Mrs. Marks: I DON'T THINK SHE--

IS IT POSSIBLE THAT KENNETH FULLER

WAS THE ONE THAT WAS THREATENING HER?

SHE SAID IT WAS HIM. AND THAT IN HER HYSTERIA,

SHE JUST BLURTED OUT MY CLIENT'S NAME? SHE WASN'T HYSTERICAL.

OBJECTION! BUT SHE WAS OUT OF CONTROL,

RANTING. NO, SHE WASN'T RANTING!

SHE WAS CALM AND COLLECTED,

AND SHE VERY CLEARLY SAID

THAT IT WAS THAT MAN

WHO WAS THREATENING HER.

SO SHE WAS CALM AND COLLECTED?

YES.

YOUR HONOR, AT THIS TIME,

WE'D NOW MOVE TO STRIKE THE HEARSAY TESTIMONY OF THE WITNESS.

THE EXCITED UTTERANCE EXCEPTION NO LONGER APPLIES.

SIDEBAR.

I'M AFRAID NOT.

MEMBERS OF THE JURY,

I'LL TRY TO MAKE THE LESSON SHORT.

THE FACT THAT THE VICTIM MADE THESE ALLEGED STATEMENTS

WHILE CALM INSTEAD OF AGITATED

MAKES A BIG LEGAL DIFFERENCE.

BOTTOM LINE--THEY'RE NO LONGER ADMISSIBLE.

THAT MEANS THERE IS NO EVIDENCE BEFORE YOU

THAT A RELATIONSHIP WAS TURNING UGLY,

THERE IS NO EVIDENCE OF ANY THREATS.

AS FAR AS YOU'RE CONCERNED,

THOSE THREATS NEVER HAPPENED.

CALM DOWN, HELEN.

YOU TOLD ME SHE WAS PREPPED.

SHE SAID YOU WENT UP AND DOWN--

I DID. HE SPUN HER.

SHE'S NOT A ROCKET SCIENTIST.

WE'RE THE ONES WHO LOOK STUPID.

THE JURY STILL HEARD IT.

LEGALLY, IT MAY BE EXCLUDED,

BUT THE JURY STILL HEARD--

I CAN'T ARGUE IT IN MY CLOSING ARGUMENT NOW!

THERE IS A LOT OF DNA SCIENTIFIC CRAP

BETWEEN NOW AND THE TIME THAT JURY GOES TO DELIBERATE,

AND I CAN'T HAMMER THOSE THREATS

IN MY CLOSING ARGUMENT NOW, CAN IT?

OH GOD.

MISTRIAL?

IT'S AN OPTION. SINCE THE TRIAL'S ONLY A DAY OLD,

THERE'S A CHANCE WE COULD STILL GET IT.

AND WHY WOULD WE WANT TO DO THAT?

BECAUSE THE JURY DID HEAR ABOUT THE THREATS,

AND IT'S A TOUGH BELL TO UNRING.

AND THE NEXT JURY WOULDN'T HEAR ABOUT THEM.

Karen: OK, THEN WHY NOT ASK FOR A MISTRIAL?

WHY NOT IS BECAUSE THE PROSECUTION CAME OUT STUMBLING.

FIRST IMPRESSIONS COUNT,

AND I THINK THEIR CASE IS SO CIRCUMSTANTIAL TO BEGIN WITH.

I SAY WE KEEP GOING.

IF WE LET THEM START OVER,

WE GIVE THEM TIME TO REGROUP,

PLUS THEY COULD DO MORE DISCOVERY.

I'M WITH LINDSAY.

WHO'S NEXT?

Rebecca: THE PATHOLOGIST.

MINE.

Bobby: YOU READY?

BOBBY, YOU WALK AROUND ALL DAY ASKING,

"ARE YOU READY? ARE YOU READY?"

OF COURSE I'M READY.

WE ARE ALL READY.

OK.

NO MISTRIAL.

WE KEEP GOING.

BOBBY, WHAT'S THE MATTER?

I DON'T KNOW.

SOMETHING JUST DOESN'T SMELL RIGHT.

SO YOU MADE A DETERMINATION

THAT THE KILLING WAS THE WORK OF A COPYCAT?

YES, UPON DOING THE AUTOPSY.

HOW DID THE AUTOPSY TELL YOU THIS?

WELL, THE VICTIM WAS KILLED BY TRAUMA TO THE HEAD,

THOUGH IT WAS MADE TO LOOK LIKE A STABBING,

WHICH WOULD BE CONSISTENT WITH THE POET.

ALSO, WE FOUND THAT MISS MARKS' WOUNDS WERE MORE CLINICAL.

WHAT DO YOU MEAN, CLINICAL?

LIGAMENTS WERE INCISED INDIVIDUALLY.

THE PERSON WHO DID IT CUT THROUGH THE SOFT TISSUE.

MEANING WHAT?

MEANING THIS LIKELY WAS THE WORK OF A DOCTOR,

PERHAPS A SKILLED SURGEON.

[CROWD MUTTERING]

Judge Hiller: SETTLE.

ANYTHING ELSE, DOCTOR?

YES. THOUGH THERE WAS EVIDENCE OF INTERCOURSE,

THERE WAS NO BRUISING TO SUGGEST RAPE.

AND WHAT CONCLUSIONS, IF ANY, DID YOU DRAW FROM THIS?

THAT THE VICTIM CONSENTED TO THE INTERCOURSE.

I BELIEVE SHE KNEW THE PERSON WHO KILLED HER.

DID YOUR WRITTEN REPORT EVER SAY THIS WAS THE WORK OF A SURGEON?

NO.

AND YOU CAN'T POSITIVELY EXCLUDE THE POET, CAN YOU?

NO, BUT THE EVIDENCE WOULD SUGGEST--

IS THE POET STILL AT LARGE?

YES.

YOU SAY THAT CINDY DIED

FROM TRAUMA TO THE HEAD.

HOW EXACTLY DID YOU DETERMINE THAT?

FROM THE SKULL FRACTURE ON THE LEFT TEMPORAL LOBE.

THE HEAD HAD BEEN CUT OFF?

YES.

ANYBODY EVER DROP IT ON THE FLOOR?

THAT WASN'T THE FRACTURE I'M TALKING ABOUT.

DID YOU EVER SEE ANYBODY DROP CINDY'S HEAD ON THE FLOOR, DOCTOR?

THE HEAD INADVERTENTLY ROLLED OFF THE AUTOPSY TABLE.

HIT THE FLOOR?

THAT'S NOT THE TRAUMA THAT CAUSED HER DEATH, COUNSEL.

I SEE.

YOU SAY THE ABSENCE OF VAGINAL BRUISING

SUGGESTS CONSENSUAL INTERCOURSE?

YES.

EVER KNOWN A RAPE TO OCCUR WITH NO VAGINAL BRUISING?

THE PROBABILITIES ARE--

DOES IT EVER HAPPEN, DOCTOR?

RAPE, NO BRUISES. CAN THAT HAPPEN?

YES.

SO IT'S ENTIRELY POSSIBLE

THAT CINDY MARKS WAS RAPED AND MURDERED

BY A NON-DOCTOR. THAT'S POSSIBLE, AM I RIGHT?

POSSIBLE, BUT NOT LIKELY, IN MY OPINION.

YES, YES, YOUR OPINION.

THIS SUSPICION OF YOURS THAT A SURGEON DID THE KILLING,

WHEN EXACTLY DID YOU COME UP WITH THIS?

AT THE AUTOPSY.

AT THE AUTOPSY.

AND DID YOU SHARE IT WITH THE DISTRICT ATTORNEY?

YES. WHEN?

OBJECTION. WORK PRODUCT.

OVERRULED.

WHEN DID YOU TELL THE DISTRICT ATTORNEY

ABOUT YOUR SUSPICION THAT THE KILLER WAS A SURGEON?

I TOLD HER AROUND THE TIME OF THE AUTOPSY.

BUT YOU DIDN'T WRITE IT DOWN?

NO.

DID SHE ASK YOU NOT TO WRITE IT DOWN? OBJECTION.

WAS THIS SUSPICION HATCHED

BETWEEN THE BOTH OF YOU YESTERDAY, OBJECTION!

OR DID YOU DELIBERATELY WITHHOLD THIS-- OBJECTION!

COUNSEL, APPROACH.

SHE HAS THE DUTY TO TURN OVER ALL INCULPATORY EVIDENCE.

I DID.

TESTIMONY THAT IT WAS THE WORK OF A SURGEON,

TASTY LITTLE TIDBIT TO LEAVE OUT, HELEN.

YOU KNEW THIS WITNESS WAS GOING TO BE SAYING COPYCAT.

WE DIDN'T KNOW HE WAS GOING TO BE SAYING SURGEON.

Judge Hiller: ALL RIGHT.

THAT TESTIMONY SHOULD BE STRICKEN.

I SAID, ALL RIGHT.

IT'S UNFAIR SURPRISE.

IF WE WOULD HAVE KNOWN--

COUNSEL, THIS IS MY COURTROOM.

I DON'T LIKE IT,

BUT I'M NOT STRIKING IT.

YOUR HONOR--

I'VE MADE MY RULING. STEP BACK.

YOU DID GREAT. YOU CHIPPED HIM DOWN.

Reporter: MR. DONNELL. MISS FRUTT, WHAT--

WOULD YOU GET THE HELL OUT OF MY FACE?

MISS FRUTT, WHAT DO YOU THINK?

HEY, NICE SPRING JOB, HELEN.

DON'T YOU EVER ACCUSE ME OF HATCHING EVIDENCE.

OH, COME ON. YOU SAT ON IT, AND YOU KNOW IT.

GEE, BOBBY, DID I FALL SHORT OF YOUR ETHICAL BAR? I'M SORRY.

HEY! HEY! WE WERE HERE FIRST.

MR. DONNELL, DO YOU HAVE ANY COMMENTS?

NO COMMENT. NO COMMENT.

WE CAN'T NOT INTRODUCE THE SHOE PRINT, HELEN.

I WANT TO HOLD IT FOR REBUTTAL.

REBUTTAL? WINSLOW MIGHT NOT EVEN TAKE THE STAND.

I'LL TAKE THAT BET.

HELEN, WE DON'T HAVE THE GREATEST CASE HERE.

EXACTLY. WE DON'T HAVE THE GREATEST CASE.

WE NEED TO CATCH HIM IN A LIE.

WHICH WE CAN'T DO IF HE DOESN'T TESTIFY.

SCOTT.

HOW WE DOING?

WE CAN'T LOSE THIS ONE, HELEN.

ALL RIGHT, DNA IS NEXT.

WE HAVE NOTHING TO FEAR THERE.

LET THEM TALK. NOBODY FIDGETS OR LOOKS WORRIED.

IF ANYTHING, LOOK BORED. SEND A MESSAGE TO THE JURY

THIS STUFF DOESN'T MATTER.

DOES ANYONE HERE BESIDES ME THINK HE DID IT?

I'M SORRY, BUT DOES ANYONE HERE

EVEN HAVE A THEORY

AS TO WHO ELSE-- KAREN.

WHAT, JEFFREY? WHAT?

I KNOW YOU HAVE EVERY RIGHT TO DOUBT ME.

OH, YOU'RE WRONG, JEFFREY.

I DON'T DOUBT YOU FOR A SECOND.

OK, SO WE HAVE SOME EXCITEMENT HERE. LOOK, KAREN--

AND DON'T YOU GIVE ME THAT DEVOTED WIFE PITCH AGAIN.

KAREN, WHY DON'T YOU AND I GO TAKE A BREAK?

GREAT.

WE HAVE TO DECIDE WHETHER YOU'RE GOING TO TESTIFY.

DO YOU THINK HE KILLED HER?

NO, OF COURSE NOT.

I'M SORRY. SITTING IN THAT ROOM TODAY, LISTENING...

KAREN, I KNOW. THIS--

I CAN'T DO IT.

I CAN'T PLAY THE ADORING WIFE ANYMORE.

EVER SINCE THIS HAPPENED,

I'VE BEEN PRETENDING THAT I STAND BY HIM,

THAT I...

I FEEL DIRTY...

WALKING IN THE ROOM WITH HIM,

HOLDING HIS HAND.

HE BETRAYED ME, AND I CAN'T PRETEND ANYMORE.

KAREN, LISTEN TO ME.

WE HAVE A MURDER TRIAL, AND WE HAVE A MARRIAGE,

AND, UNFORTUNATELY, FOR THE SAKE OF THE TRIAL,

WE HAVE TO SEND A SIGNAL THAT THE MARRIAGE IS OK.

THIS TELLS THE JURY SOMETHING.

IF YOU BELIEVE THAT HE'S INNOCENT, MURDER-WISE...

THEN YOU HAVE TO PRETEND MARRIAGE-WISE

JUST FOR A LITTLE BIT LONGER, KAREN.

OK.

OK.

THEY NEVER ACTUALLY CHECKED OUT THE MOTHER. AT LEAST NOT MUCH.

DO YOU REALLY THINK THAT SHE COULD DECAPITATE HER OWN DAUGHTER?

NO, BUT THEY DIDN'T LIKE EACH OTHER.

AND, BOBBY, NOW THAT THE SURGEON STUFF IS IN,

WE MIGHT HAVE TO START SUGGESTING OTHER SUSPECTS.

NO, IT'S TOO DANGEROUS. BURDEN'S ON THEM.

WE DON'T OFFER ANYTHING WE CAN'T PROVE.

YEAH. WELL, OUR CONSULTANTS SAY WE HAVE TO RESPOND TO THE THREATS, TOO.

ADMISSIBLE OR NOT, THEY THINK IT'S A PROBLEM.

WHICH MEANS JEFFREY WOULD HAVE TO TESTIFY,

WHICH IS WHAT I THINK HELEN WANTS.

WHAT?

I DON'T KNOW.

SOMETHING'S FUNNY.

IT'S RIGHT IN FRONT OF OUR FACES.

I DON'T KNOW WHAT IT IS.

AS YOU CAN SEE, THE NUCLEOTIDES LINK UP.

WE HAVE AN EXACT GENETIC MATCH-UP WITH THE DEFENDANT.

AND THIS WAS FROM SKIN SAMPLES?

FOUND UNDERNEATH HER FINGERNAILS, YES.

THE HAIR SAMPLES FOUND ON THE BED

ALSO LINE UP IN MATCHING SEQUENCES.

DOCTOR, CAN YOU CRUNCH ALL THIS FOR US?

THE DEFENDANT WAS IN HER APARTMENT.

BUT DNA CAN'T ESTABLISH THAT HE KILLED HER,

ONLY THAT HE WAS THERE.

YES.

IT WAS A PRIOR VICTIM OF THE POET.

AND, DR. NOFFLE, THE DEFENDANT HAD ACCESS

TO THE AUTOPSY REPORT ON THIS WOMAN?

YES, HE DID.

BECAUSE IT WAS A PRIOR VICTIM OF THE POET,

THE AUTOPSY REPORT WAS FAXED ALL OVER YOUR HOSPITAL, WASN'T IT?

IT WAS JUICY COPY, AND A LOT OF PEOPLE HAD IT.

YES.

DO THE HOSPITAL PHONE RECORDS

SHOW ANY OUTGOING CALL TO DR. WINSLOW'S RESIDENCE

THE EVENING OF THE MURDER?

Hospital administrator: NO.

AND IF SOMEBODY DID CALL HIM DOWN TO THE HOSPITAL,

YOUR PHONE RECORDS WOULD INDICATE THIS?

YES.

ANYBODY IN THE HOSPITAL HAVE PERSONAL CELL PHONES?

YES.

Judge Hiller: IS THAT IT, MISS GAMBLE?

PUT THE SHOE IN NOW, HELEN.

IF WINSLOW DOESN'T TESTIFY, THEY COULD REST.

REASONABLE DOUBT. WE HAVE NOT MADE OUR CASE.

PROSECUTION WOULD LIKE TO CALL ONE LAST WITNESS.

KENNETH FULLER.

Bobby: YOUR HONOR, THIS WITNESS IS NOT ON THEIR LIST.

HE WAS INCLUDED IN A PRIOR PRETRIAL LIST.

WHICH HAD 200 NAMES ON IT.

GET UP HERE, BOTH OF YOU.

TECHNICALLY, THEY HAD NOTICE.

WE DID NOT. THIS IS A REVISED LIST.

AS AN OFFICER OF THIS COURT,

I WILL STATE RIGHT NOW

THAT NOTHING I ASK THIS WITNESS

WILL CONSTITUTE UNFAIR SURPRISE.

THE TESTIMONY COULD BE WORTHLESS.

THEN WHY BOTHER?

BECAUSE I'M PLAYING A HUNCH.

I'M ENTITLED TO DO THAT.

ALL RIGHT. I'LL SEE WHERE IT GOES.

Bobby: YOUR HONOR, THIS IS--

IF YOU WANT TO ADJOURN AFTER TO PREPARE CROSS,

I'LL GIVE IT TO YOU.

STOP YOUR WHINING.

MR. FULLER...

WE'VE ALREADY LEARNED A LITTLE BIT ABOUT YOU

FROM YOUR EX-MOTHER-IN-LAW.

YOU HAD A BAD MARRIAGE WITH CINDY MARKS?

YOU COULD SAY THAT.

FORGIVE ME FOR SAYING THIS, SIR, BUT...

YOU SEEM LIKE A SCARY GUY.

OBJECTION. OBJECTION. OBJECTION.

SUSTAINED. IS THAT WHERE YOU'RE GOING? HE LOOKS SCARY?

ACTUALLY, YES.

MR. FULLER,

YOU'VE BEEN IN THIS COURTROOM EVERY DAY OF THE TRIAL.

ANYBODY ASK YOU TO COME?

OBJECTION.

OVERRULED.

ANYBODY PERHAPS PAY YOU TO BE SITTING HERE?

OBJECTION. WORK PRODUCT.

WORK PRODUCT?

YOUR HONOR, SHE IS GOING FISHING.

SHE'S TRYING TO GET A COMMUNICATIONS

BETWEEN THE WITNESS AND MY OFFICE.

IT'S WORK PRODUCT, AND IT'S INADMISSIBLE.

I THINK I'D LIKE TO ASK MYSELF.

Judge Hiller: HAS ANYONE PAID YOU

TO COME HERE, MR. FULLER?

YOU'RE UNDER OATH, SIR.

HAS ANYONE PAID YOU TO COME TO THIS COURTROOM?

MR. BERLUTI.

HIM.

HOW MUCH?

$5,000.

[CROWD MUTTERING]

AND WERE YOU GIVEN ANY SPECIAL INSTRUCTIONS?

JUST SIT HERE...

AND LOOK LIKE I COULD HAVE KILLED HER.

I HAVE A LEGAL RIGHT-- LIKE HELL YOU DO!

WE ALL HAVE OUR PAID CONSULTANTS SITTING OUT THERE,

PAID TO SIT IN THE ROOM.

ARE YOU KIDDING?

NO, I'M NOT KIDDING, HELEN.

WELL, YOU SHOULD BE.

PAYING THAT MAN TO SIT THERE AS A FLAME-RED HERRING,

IT'S THE EQUIVALENT OF PUTTING IN FALSE EVIDENCE.

I DIDN'T CALL HIM TO THE STAND.

WHAT HAS HAPPENED TO YOU?

LOOK, I'M DOING WHAT I HAVE TO DO TO DEFEND MY CLIENT.

I HAVEN'T BROKEN ANY LAWS HERE,

AND I DEMAND YOU INSTRUCT THAT JURY THAT I HAVEN'T.

I'M NOT GOING TO DO THAT.

THEN, BASICALLY, YOU JUST CONDEMNED ME IN FRONT OF THEM.

AND I'D DO IT AGAIN, AND I'D LOVE TO DO IT MORE DIRECTLY,

BUT I DON'T WANT TO HAND YOU A MISTRIAL.

THAT LITTLE TRICK WAS DESPICABLE.

YOU DON'T THINK SHE DOES THAT?

I'M TALKING NOW! DESPICABLE!

YOU'RE RIGHT. TECHNICALLY, YOU GET TO SLIDE BY,

BUT BARELY, BOBBY!

BARELY!

YOU TOLD HER! I DIDN'T TELL HER!

HOW COULD SHE JUST PLUCK THAT OUT OF THE SKY?

SHE'S SMART, AND DON'T YOU OH, PLEASE!ACCUSE ME--

IT WAS A STUPID STUNT. SERVES YOU RIGHT IT BACKFIRED.

THANK YOU, REBECCA. YOU WANNA TAKE OVER THE CASE NOW?

IT WAS STUPID. YOU HAD THE CASE WON, AND YOU KNOW YOU DID.

AND NOW? THAT JURY WON'T TRUST A THING YOU SAY, AND WHY SHOULD THEY?

Eugene: ALL RIGHT! LET'S NOT TURN ON EACH OTHER.

THEIR CASE HASN'T GOTTEN ANY BETTER, AND THE BURDEN IS ON THEM.

WELL, WE CERTAINLY CAN'T REST ON THAT NOTE.

NO, WE CAN'T. WE GOTTA PUT ON A DEFENSE.

IS KAREN READY?

YEAH.

DO YOU REMEMBER WHAT TIME YOUR HUSBAND LEFT THE HOUSE?

A FEW MINUTES PAST 10:00.

AND WHEN HE RETURNED?

AROUND MIDNIGHT.

I WAS STILL AWAKE.

CAN YOU PLEASE DESCRIBE HIS DEMEANOR FOR THE COURT?

IT WAS NORMAL. HE COMPLAINED

THAT THE PAGE WAS UNNECESSARY,

THAT IT COULD'VE WAITED TILL MORNING.

BUT HE WAS CALM. YES.

HIS USUAL SELF?

YES.

CAN YOU TELL US HOW LONG IT TAKES

TO GET FROM WESTON TO MASS GENERAL WHERE YOUR HUSBAND WORKS?

AT THAT HOUR, YOU CAN MAKE IT IN ABOUT 35 MINUTES.

SO, HE WOULD NEED AN HOUR AND 10 MINUTES TRAVEL TIME?

RIGHT.

MRS. WINSLOW, ARE YOU ANGRY AT YOUR HUSBAND?

I DON'T KNOW IF ANGER IS A STRONG ENOUGH WORD.

DO I LOVE HIM?

YES.

BUT DO I ALSO HATE HIM?

YES.

BUT DESPITE YOUR ANGRY FEELINGS,

HERE, TODAY, YOU SIT, TESTIFYING ON HIS BEHALF.

I'VE SLEPT BY THAT MAN'S SIDE FOR 12 YEARS.

I KNOW HIM AS WELL AS I KNOW MYSELF.

IT IS INCONCEIVABLE THAT HE COULD'VE COMMITTED

WHAT HE'S BEEN ACCUSED OF.

YOU SEEM PRETTY SURE.

WHATEVER HIS FAULTS, HE'S NOT A MURDERER.

THANK YOU VERY MUCH.

YOU SAY YOU KNOW HIM.

YOU DIDN'T KNOW HE WAS HAVING AN AFFAIR THOUGH, DID YOU?

NO.

SO HE IS ABLE TO CONCEAL CERTAIN TRUTHS FROM YOU, ISN'T HE?

HE DIDN'T KILL THAT WOMAN.

WHO IS THIS PERSON SITTING IN THE SECOND ROW BY THE AISLE?

BEVERLY WALTON. SHE'S MY NEIGHBOR.

THE DAY OF YOUR HUSBAND'S ARREST,

DID YOU TELL HER YOU THOUGHT YOUR HUSBAND DID KILL CINDY MARKS?

DID YOU TELL BEVERLY WALTON

YOU THOUGHT YOUR HUSBAND DID MURDER CINDY MARKS?

I WAS STILL IN SHOCK OVER THE AFFAIR.

I WAS SPEAKING OUT OF HURT AND ANGER.

YOU DID SAY THAT.

I WAS LASHING OUT. I DIDN'T MEAN--

YOU SIT HERE TODAY, SAYING IT'S INCONCEIVABLE

FOR YOUR HUSBAND TO COMMIT MURDER,

AND YET, TO THIS WOMAN, YOU SAID HE PROBABLY DID COMMIT MURDER.

I DON'T THINK HE KILLED HER.

THERE WAS A CONTEXT--

THAT WAS JUST A SLIP OF THE TONGUE THEN?

OBJECTION. SUSTAINED.

MRS. WINSLOW, YOU ALSO TESTIFIED TO TIMELINE--

2 HOURS, 10:00 TO MIDNIGHT, HOUR COMMUTE.

DO YOU REMEMBER SPEAKING WITH ME AND DETECTIVE McKREW THE DAY AFTER THE MURDER?

YES.

DID YOU NOT TELL US THEN

THAT YOUR HUSBAND RETURNED HOME AROUND 1 A.M.?

DID YOU NOT TELL US YOUR HUSBAND RETURNED HOME AROUND 1:00?

I WAS WRONG. IT WAS 12:00.

YOU WERE WRONG? THE DAY AFTER, YOU SAID 1:00.

BUT 3 MONTHS LATER, AT TRIAL, YOUR MEMORY IS FRESHER?

I DIDN'T REMEMBER SAYING THAT.

I DIDN'T REMEMBER.

ALL RIGHT. LET'S NOT PANIC.

WE STILL GOT A LONG WAY--

"LET'S NOT PANIC"?

MY OWN WIFE SHOUTS OUT TO SOMEBODY, "HE DID IT!"

LET'S NOT PANIC?

DID YOU KILL HER? YOU DID, DIDN'T YOU? YOU KILLED HER.

EXCUSE ME?

YOU RETAIN EVERYTHING, KAREN.

YOU WOULDN'T FORGET

SAYING, "HE DID IT" TO BEVERLY!

YOU WOULDN'T FORGET SAYING, "ABOUT 1 A.M."

MAYBE YOU DID KNOW ABOUT THE AFFAIR.

WHAT A PERFECT REVENGE THAT WOULD BE, WOULDN'T IT?

ARE YOU OUT OF YOUR MIND?

MAYBE I AM!

ALL OF THIS PRETENDING TO BE BY MY SIDE,

AND THEN YOU GET UP THERE ON THE STAND AND...

NOW, MAYBE YOU-- MAYBE YOU WENT UP THERE,

KNOWING FULL WELL THAT THE D.A. WOULD PICK YOU TO PIECES ON CROSS.

OH-HO, OOH, PERFECT, KAREN, PERFECT.

OH...OH... OH, I GET IT.

I'M SUPPOSED TO THINK, "WOW, FOR HIM TO ACCUSE ME,

HE REALLY MUST BE INNOCENT."

THAT WHAT YOU WANT ME TO THINK?

THAT WHAT THIS LITTLE TANTRUM IS ABOUT?

THE TRIAL HAS BEEN SUSPENDED FOR THE REST OF THE DAY,

BUT TOMORROW WILL BE THE DAY EVERYONE HAS BEEN SALIVATING FOR--

JEFFREY WINSLOW IS SCHEDULED TO CLIMB INTO THAT WITNESS CHAIR.

WHERE IS HE?

WITH JIMMY AND EUGENE-- MOCK TESTIMONY.

BOBBY, HAVE WE EVEN THOUGHT ABOUT A PLEA?

A PLEA? THEY STILL HAVEN'T MADE THEIR CASE. WHY--

BEC, YOU PROBABLY HAVE MOST DISTANCE. WHERE'S YOUR HEAD?

BEYOND A REASONABLE DOUBT, I DON'T KNOW,

BUT I DEFINITELY THINK THE GUY DID IT.

MAYBE WE SHOULD JUST THROW OUT A FEELER,

SEE IF THERE'S ANYTHING TO EVEN CONSIDER.

NOT A CHANCE.

YOU HAVE NOT EVEN COME CLOSE

TO SATISFYING BURDEN OF PROOF.

THEN WHY ARE YOU HERE?

BECAUSE THE STAKES ARE SO HIGH.

MURDER TWO IS THE BEST YOU GET.

THAT'S AUTOMATIC LIFE. WHY WOULD WE EVEN THINK ABOUT THAT?

HE CHOPPED HER INTO PIECES.

WHAT ARE YOU LOOKING FOR, BATTERY?

SHOULD WE JUST WRITE HIM A SPEEDING TICKET?

AND IF YOU DON'T GET A CONVICTION?

THEN I'LL KNOW YOU GOT TO A JUROR.

EXCUSE ME? ALL RIGHT.

THIS IS MORE ABOUT BEATING ME, ISN'T IT?

BEATING YOU IS EXTRA.

HELEN, MAYBE YOU'RE NOT SEEING STRAIGHT.

YOU HAVEN'T DONE SO GREAT ON THE ELEMENTS HERE. YOU HAVE TO KNOW THAT.

THEN I'LL LOSE.

I KNOW HELEN GAMBLE WELL ENOUGH.

SHE'S GOT ANOTHER CARD IN HER HAND.

ONLY YOU CAN KNOW WHAT IT IS.

I DON'T.

YOU SCREW ME, YOU SCREW YOURSELF!

IF I'M GONNA SAVE YOU FROM LIFE IN PRISON,

TELL ME WHAT I DON'T KNOW BECAUSE I GUARANTEE YOU SHE KNOWS!

TELL ME NOW!

I WENT THERE THAT NIGHT.

I MADE LOVE TO HER IN THE AFTERNOON,

AND I WENT BACK AT NIGHT... TO SEE HER...

AND, UM... I SAW HER LIKE THAT.

LIKE WHAT?

DEAD...ALL CUT UP.

HER HEAD...

I SAW IT.

BUT I DIDN'T-- I DIDN'T DO IT, BOBBY. I DIDN'T.

WHAT'D YOU DO THEN?

I JUST LEFT.

I WENT HOME.

I WAS AFRAID.

I THOUGHT THAT IF I CALLED THE POLICE,

THE AFFAIR WOULD BE ON THE FRONT PAGE--

EUGENE, JIMMY.

BOBBY, I...

HE WAS THERE THE NIGHT OF THE MURDER.

HELEN KNOWS IT. HOW SHE KNOWS IT

HAS TO BE IN THOSE DISCOVERY DOCUMENTS.

OTHERWISE, SHE'D BE GUARANTEEING A MISTRIAL.

IF SHE KNOWS HE WAS THERE THAT NIGHT,

WHY DIDN'T SHE PUT IT INTO EVIDENCE?

SHE DIDN'T WANT US TO BE ABLE TO EXPLAIN IT.

SHE WAS COUNTING ON YOU TAKING THE STAND

AND SAYING YOU WEREN'T THERE THAT NIGHT UNDER OATH.

THEN SHE SPRINGS WHAT SHE'S GOT IN REBUTTAL,

SHE'S CAUGHT YOU IN A LIE, AND YOU'RE DEAD.

I DON'T KNOW, MAN. THAT'S A LITTLE DICEY.

AND IT'S GONNA COST HER.

IT'S GONNA COST HER.

FOOTPRINTS.

WHAT?

IN THE DNA DISCOVERY.

SHE TURNED OVER HAIR, BLOOD, PRINTS-- HAND AND FOOT.

LOOK, TURN TO THE SUPPLEMENTAL DISCOVERY...

"BLOOD ON FLOOR."

YOU STEPPED IN BLOOD. THAT'S WHAT SHE'S GOT. FOOTPRINTS.

SO, TECHNICALLY, SHE'S COVERED WITH THE DISCOVERY RULES.

BUT SHE PLAYED "HIDE THE BALL."

THEY DID TAKE MY SHOES WHEN THEY SEARCHED.

OK, OK. WE PLAY THIS STRAIGHT.

WE JUST DIFFUSE HER CANNON

BEFORE SHE EVER GETS TO SHOOT IT.

COME ON. WE'LL GO OVER YOUR TESTIMONY ON THE WAY. LET'S GO.

OH, DR. WINSLOW! DR. WINSLOW...

[REPORTERS SHOUTING QUESTIONS]

MR. WINSLOW! MR. WINSLOW!

IS THIS YOUR FIRST AFFAIR, SIR?

WE MADE LOVE, AND THEN I WENT HOME.

IN THE MIDDLE OF THE AFTERNOON?

YES.

AND...THAT'S WHY YOU HAD THESE SCRATCHES ON YOUR BACK?

YES.

NOW, DOCTOR, I NEED TO ASK THE QUESTION

EVERYBODY IN THIS ROOM IS ASKING:

DID YOU KILL CINDY MARKS?

NO, I DIDN'T. I--

THIS ISN'T EASY TO SAY IN FRONT OF MY WIFE...

BUT I DID LOVE CINDY.

I COULD NEVER DO ANYTHING TO HURT HER.

YOU HAVE TO ADMIT

IT'S A LITTLE COINCIDENTAL THAT SHE WAS KILLED

ON THE SAME DAY THAT YOU WERE THERE.

I'M AFRAID IT'S A LITTLE MORE INCRIMINATING THAN THAT, MR. DONNELL.

I'M ASHAMED TO SAY THIS--

BECAUSE I DIDN'T REPORT IT-- BUT, UH...

ASHAMED? TO SAY WHAT?

I WENT BACK TO THE HOUSE THAT NIGHT.

YOU WENT BACK THERE?

YES.

I WALKED IN...

SHE WAS DEAD.

UM...THERE WAS BLOOD EVERYWHERE.

UH...WE WERE HAVING AN AFFAIR.

I WAS AFRAID OF THE IMPLICATIONS AND THE PUBLICITY,

SO I PANICKED, AND I WENT HOME.

BUT I SWEAR, I DIDN'T KILL HER. I DIDN'T!

THANK YOU, DOCTOR.

EXCUSE US, PLEASE. NO COMMENT. NO COMMENT.

PLEASE, EXCUSE US.

LET'S WAIT OVER HERE IN THE WITNESS ROOM.

BOBBY, CAN WE TALK?

VOLUNTARY MANSLAUGHTER, 8 YEARS.

TAKE IT OR LEAVE IT.

TOO LATE, HELEN.

I CAN STILL WIN THIS.

IT WAS A NICE TRY BURYING THE SHOE PRINTS.

YOU THOUGHT YOU'D GET HIM IN A LIE.

I GUESS THAT'S WHAT HAPPENS WHEN YOU PLAY DIRTY.

OH, I PLAY DIRTY?

LET'S NOT FORGET YOURYOU PAID THE FIRST TRICK.EX-HUSBAND!

GOING TOYOU IMPLY FALSE THE WIFE...EVIDENCE,

YOU PROBABLYTELLING COACHED THATHER SHE'S PIECE OF PERJURYA SUSPECT? WE JUST HEARD...

GOING AGAINST THIS WAS YOU, I SEE A DIRTY EVERYTHING THEYPROSECUTION! SAY ABOUT YOU!

YOU'RE SLEAZY!

VOLUNTARY MANSLAUGHTER. TAKE IT OR LEAVE IT.

YOU GOT A SHOT, HELEN.

YOU CROSS-EXAMINE WELL.

YOU GOT A SHOT.

NOW ISN'T THE TIME TO COLLAPSE.

I'M NOT ABOUT TO COLLAPSE.

WHO CALLED YOU FROM THE HOSPITAL THAT NIGHT?

NOBODY.

YOU NEVER GOT A CALL TO GO TO THE HOSPITAL?

I TOLD MY WIFE I DID,

BUT I WAS REALLY GOING TO SEE CINDY.

YOU LIED TO YOUR WIFE?

YES.

YOU'D BEEN LYING TO YOUR WIFE

FOR A YEAR ABOUT THIS AFFAIR?

THAT'S TRUE.

A PERSON WHO LIES IS A LIAR. WOULD YOU AGREE WITH THAT?

I LIED ABOUT SOME THINGS.

SO, BY YOUR OWN ADMISSION, YOU WOULD BE A LIAR?

YES.

DID YOU EVER THREATEN TO KILL CINDY MARKS?

NO, I DID NOT.

ARE YOU A LIAR, DR. WINSLOW?

OBJECTION.

SUSTAINED.

IF CINDY MARKS SAID SHE FEARED PHYSICAL DANGER FROM YOU,

WOULD SHE BE A LIAR?

SHE WOULD CERTAINLY BE MISTAKEN.

IF CINDY MARKS SAID SHE FEARED PHYSICAL DANGER FROM YOU,

THEN 3 DAYS LATER TURNED UP DECAPITATED,

THAT WOULD ONLY BE A LITTLE COINCIDENCE?

OBJECTION. OBJECTION.

THERE'S NO EVIDENCE OF ANY THREATS

OR ANY STATEMENTS BY CINDY MARKS CONCERNING THREATS.

THE OBJECTION IS SUSTAINED.

I DON'T WANT TO HEAR ANY MORE MENTION OF THREATS, MS. GAMBLE.

YOU STATED YOU LOVED CINDY MARKS.

YES.

YOU TWO WERE EMOTIONALLY INVOLVED?

YES, I SUPPOSE SO.

UPON DISCOVERING HER DEAD AND DISMEMBERED BODY,

YOU SIMPLY RETURNED HOME. WAS THAT YOUR TESTIMONY?

YES.

YOU NEVER CALLED THE POLICE.

I EXPLAINED THAT.

TH-THAT DOESN'T MEAN I WASN'T HORRIFIED BY HER DEATH.

YOU EVER SHARE YOUR HORROR WITH ANYONE?

NO.

THE NEXT DAY...

WHAT DID YOU DO?

I WENT TO WORK.

DID YOU HAVE A NICE DAY AT WORK, DOCTOR?

AFTER DISCOVERING THE MUTILATED BODY OF SOMEONE YOU LOVED,

WHEN YOU DECIDED NOT TO NOTIFY THE POLICE,

WAS IT BECAUSE YOU WERE AFRAID OF BEING IMPLICATED IN THE AFFAIR

OR IMPLICATED IN HER DEATH?

I SUPPOSE BOTH.

IN YOUR MEDICAL TRAINING, YOU DID A ROTATION IN PSYCHIATRY.

A LONG TIME AGO.

LET ME ASK YOU, IN YOUR EXPERIENCE,

WHEN A PERSON AT A CRIME SCENE

CHOOSES TO RUN FROM THAT CRIME SCENE,

WOULD THAT BE MORE AN INDICATION OF INNOCENCE OR OF GUILT?

I AM INNOCENT.

ARE YOU A LIAR, DR. WINSLOW?

OBJECTION!

SUSTAINED.

WE ARE EXACTLY WHERE WE STARTED.

HE HAD AN AFFAIR WITH HER,

AND HE WAS AT THE SCENE THE NIGHT OF HER DEATH.

THAT'S ALL THEY'VE ESTABLISHED, PERIOD.

DO THEY HAVE A FINGERPRINT ON THE MURDER WEAPON?

THEY DON'T EVEN HAVE THE WEAPON.

DO THEY HAVE A CREDIBLE EYEWITNESS?

THEY DON'T HAVE ANY EYEWITNESSES.

WHERE'S THE CASE?

HE DIDN'T SEEM UPSET ENOUGH THE DAY AFTER THAT HE WENT TO WORK?

WHERE'S THE CASE?

HE HAD AN AFFAIR WITH THE VICTIM,

AND HE WAS IN HER APARTMENT.

THAT'S THEIR CASE IN ITS ENTIRETY.

NOW, YOU WANNA BELIEVE THAT JEFFREY WINSLOW IS GUILTY?

I SUPPOSE YOU COULD...

BUT BEYOND REASONABLE DOUBT?

AND LET'S NOT FORGET,

DESPITE THE DISTRICT ATTORNEY'S GREAT EFFORTS

TO DEPICT JEFFREY WINSLOW AS A LIAR,

HE DIDN'T HAVE TO TELL YOU HE WENT BACK THERE THAT NIGHT.

PROSECUTION NEVER TOLD YOU THAT.

JEFFREY DID.

JEFFREY DID...

BECAUSE HE WAS UNDER OATH...

AND UNDER OATH... HE TOLD YOU ANOTHER TRUTH--

HE DIDN'T KILL CINDY MARKS.

[CLEARS THROAT]

THE EVIDENCE POINTS TO A SURGEON.

POSSIBLE IT WASN'T? SURE...

BUT LIKELY?

THE EVIDENCE POINTS TO CONSENSUAL SEX.

POSSIBLE IT WAS RAPE WITH NO BRUISING? SURE...

BUT LIKELY?

THE EVIDENCE PROVES... HE WAS THERE THAT NIGHT.

POSSIBLE HE JUST HAPPENED TO WALK IN AFTER? SURE...

BUT LIKELY?

THE VICTIM WAS KILLED

THE SAME WAY A WOMAN SHOWED UP DEAD IN HIS HOSPITAL

WHERE HE GOT TO READ THE AUTOPSY REPORT.

POSSIBLE THAT'S JUST A COINCIDENCE? SURE...

BUT LIKELY?

THEY'VE GOT A LOT OF POSSIBILITIES,

AND IN EACH AND EVERY INSTANCE,

THEY'RE ASKING YOU TO ACCEPT THE MOST UNLIKELY OF EXPLANATIONS.

HOW'S THIS ONE?

HE KNOWS THERE'S A SERIAL KILLER

WHO DECAPITATES AND SEVERS HANDS,

AND YET, ACCORDING TO HIS TESTIMONY,

WHEN HE WALKED IN THAT ROOM

AND SAW CINDY MARKS DECAPITATED WITH SEVERED HANDS,

HIS VERY FIRST INSTINCT WAS,

"OH, NO. THEY MIGHT THINK I DID THIS."

ISN'T THAT A LITTLE ODD?

WOULDN'T THE NATURAL REACTION BE,

"IT'S OBVIOUS WHO DID THIS. IT'S THE POET"?

AND WOULDN'T HE ASSUME THE POLICE OFFICERS WOULD SAY THE SAME?

IS IT POSSIBLE TO BELIEVE

WHAT JEFFREY WINSLOW IS TELLING YOU?

SURE...BUT REMEMBER...

HIS VERY OWN WIFE, AS DEVOTED AS SHE WAS ON THAT WITNESS CHAIR,

SHE TOLD HER NEIGHBOR...

"I think he did it."

THE DEFENDANT WILL PLEASE RISE.

MR. FOREMAN, PLEASE READ US YOUR VERDICT.

"COMMONWEALTH VERSUS WINSLOW.

"ON THE CHARGE OF MURDER IN THE FIRST DEGREE...

"WE, THE JURY, FIND THE DEFENDANT, JEFFREY WINSLOW...

GUILTY."

[GALLERY GASPS AND SHOUTS]

Judge: SETTLE DOWN.

[BANGS GAVEL]

I'LL ASK EACH PERSON IN THIS ROOM TO STAY SILENT.

YOUR HONOR, I WANT THE JURY POLLED!

VERY WELL.

MEMBERS OF THE JURY,

YOU WILL EACH NOW STAND

AND DECLARE YOUR INDIVIDUAL VOTE.

LET'S START LEFT TO RIGHT, BACK ROW FIRST.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

YOU STINKER!