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NARRATOR:
In the criminal justice system
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00:00:02,970 --> 00:00:06,790
the people are represented by two
separate yet equally important groups,
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00:00:06,840 --> 00:00:08,720
the police
who investigate crime
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00:00:08,780 --> 00:00:11,590
and the district attorneys
who prosecute the offenders.
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00:00:11,650 --> 00:00:13,460
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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00:01:56,620 --> 00:01:58,830
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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00:02:10,470 --> 00:02:12,710
Uh, you weren't here yesterday?
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00:02:14,200 --> 00:02:16,910
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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00:02:21,950 --> 00:02:25,260
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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00:02:55,250 --> 00:02:58,720
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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00:03:01,550 --> 00:03:03,550
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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00:03:19,870 --> 00:03:20,970
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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00:04:30,370 --> 00:04:31,380
Why didn't you?
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00:04:32,610 --> 00:04:34,110
I was at work.
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00:04:34,710 --> 00:04:37,020
Around lunch I started
feeling a little off,
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like I was coming down
with something.
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00:04:39,380 --> 00:04:41,950
So I called Gail
and asked her to cover for me.
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00:04:42,650 --> 00:04:44,360
Then I went home
and crawled into bed.
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00:04:44,420 --> 00:04:46,370
You and your ex-wife
were on good terms?
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00:04:46,420 --> 00:04:48,230
We had joint custody,
we had to be.
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00:04:48,790 --> 00:04:50,740
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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00:04:54,230 --> 00:04:56,180
Upper East Side, 86th and 3rd.
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00:04:56,500 --> 00:04:59,480
So Gail couldn't have gotten to
the Bennett's much before 4:00?
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00:04:59,670 --> 00:05:02,310
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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00:05:24,060 --> 00:05:25,060
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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00:05:31,570 --> 00:05:34,950
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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00:05:37,140 --> 00:05:38,980
Well, more likely,
he was waiting.
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For Gail Churchill.
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00:05:40,180 --> 00:05:41,660
Killer had reason to believe
Gail would be there.
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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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00:05:45,480 --> 00:05:48,260
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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00:06:02,570 --> 00:06:04,270
What about her ex-husband?
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00:06:04,330 --> 00:06:06,840
He gravitated
towards her checkbook.
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00:06:07,070 --> 00:06:10,050
David was always full of big
dreams that never went anywhere.
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00:06:10,110 --> 00:06:12,990
Gail had finally had it with
supporting him and filed for divorce.
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00:06:13,040 --> 00:06:16,080
She supported him? So, she
was pulling in good money?
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00:06:16,180 --> 00:06:18,820
Her jewelry line
was really taking off.
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00:06:18,980 --> 00:06:20,790
She worked hard
for her success.
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00:06:20,850 --> 00:06:24,260
Detective, I admit that we weren't
particularly fond of David,
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00:06:24,320 --> 00:06:27,630
but he just couldn't have
done this monstrous thing.
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00:06:27,760 --> 00:06:30,300
If you'd have seen him with
Ellie, you would've known that.
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00:06:30,360 --> 00:06:32,240
Does the name Jeff Barnes
ring a bell?
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He was her dentist.
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Hmm.
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00:06:34,660 --> 00:06:37,300
And Mary Fazekas?
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00:06:38,170 --> 00:06:41,210
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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00:06:45,640 --> 00:06:48,210
Okay. All right. What
about this guy, Mark I.?
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He's in here a lot.
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00:06:49,410 --> 00:06:51,720
Mark Landry.
Real estate broker.
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00:06:51,950 --> 00:06:55,230
They met when Gail was apartment
hunting after the divorce.
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00:06:55,650 --> 00:06:57,790
He found this place for her.
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00:06:57,890 --> 00:07:00,130
They started dating
after the closing.
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00:07:00,320 --> 00:07:03,000
They've been seeing each other
for the past few months.
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00:07:04,160 --> 00:07:06,040
We were very happy about that.
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00:07:07,500 --> 00:07:10,210
BRISCOE: Mr. Landry, we know
this is a difficult time.
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00:07:10,270 --> 00:07:12,210
Yes. I want to help
in any way I can.
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00:07:12,700 --> 00:07:14,740
Do you know
if Gail had any enemies?
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00:07:16,070 --> 00:07:17,480
I thought it was a robbery.
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00:07:17,770 --> 00:07:19,250
We just need
to cover all our bases.
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00:07:19,310 --> 00:07:21,190
Speaking of which,
where were you?
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00:07:21,710 --> 00:07:23,990
Carrington House.
I was showing a coop there.
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00:07:24,050 --> 00:07:25,960
I can't believe
you think she was a target.
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00:07:26,020 --> 00:07:28,120
You can't think of anybody she
might've had problems with?
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00:07:29,320 --> 00:07:30,350
Her ex-husband.
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00:07:30,420 --> 00:07:33,060
But I can't think he would've done it,
I mean, Ellie was their daughter.
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00:07:33,120 --> 00:07:36,900
Well, whoever did it got away with
about 70 grand in merchandise.
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00:07:36,960 --> 00:07:39,100
We hear the ex
was always a little short.
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00:07:39,160 --> 00:07:41,010
That's along way away
from what you're suggesting.
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00:07:41,060 --> 00:07:42,670
I mean, I didn't like the
guy, but I can't think that...
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00:07:42,730 --> 00:07:44,210
You didn't like the guy? Why?
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00:07:45,670 --> 00:07:49,280
Gail was a wonderful woman and she
deserved to be appreciated and loved.
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00:07:50,640 --> 00:07:52,140
David was just
all about himself.
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00:07:54,010 --> 00:07:56,180
David Churchill was married
to a jeweler for five years,
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00:07:56,250 --> 00:07:58,350
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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00:07:59,720 --> 00:08:01,290
Mr. Churchill's
checking account,
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00:08:01,350 --> 00:08:03,760
$832 and some change,
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00:08:03,820 --> 00:08:07,430
last deposit a week ago,
just under $100.
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00:08:07,490 --> 00:08:11,030
All that proves is he's not stupid
enough to put the proceeds in the bank.
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00:08:11,090 --> 00:08:12,630
VAN BUREN: He may not
need the proceeds.
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00:08:12,800 --> 00:08:13,800
BRISCOE: What's that mean?
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00:08:13,860 --> 00:08:16,870
Same bank, Gail Churchill set up
a trust fund for her daughter.
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00:08:16,930 --> 00:08:22,350
In the event that both Gail and Ellie
died, David is the beneficiary.
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00:08:22,470 --> 00:08:23,470
For how much?
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00:08:23,540 --> 00:08:24,710
A quarter of a million.
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00:08:24,940 --> 00:08:25,940
Damn.
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00:08:26,010 --> 00:08:27,850
How do we get around
the time discrepancy?
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00:08:27,910 --> 00:08:31,020
I mean, killer went to the Bennett's
at 3:00 thinking Gail would be there.
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00:08:31,080 --> 00:08:32,820
David Churchill knew she
wasn't gonna be there,
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00:08:32,880 --> 00:08:34,990
'cause she went to pick up the
daughter to take her to the dentist.
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00:08:35,050 --> 00:08:37,260
A bluff to throw
suspicion off himself.
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00:08:37,320 --> 00:08:40,200
Well, why don't we move out of the
realm of speculation, if we can,
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00:08:40,260 --> 00:08:42,400
and bring him in for a chat.
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The trust fund?
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00:08:45,600 --> 00:08:48,440
I assumed Gail changed the
beneficiary after we got divorced.
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00:08:48,500 --> 00:08:51,780
That is the exact position that I
would take if I were in your shoes.
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00:08:54,170 --> 00:08:56,980
I buried my only child
two days ago.
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00:08:57,540 --> 00:09:00,180
You have no idea
what that does to you.
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00:09:01,010 --> 00:09:05,820
I did not kill her and I can't
comprehend why anybody would!
170
00:09:05,880 --> 00:09:09,690
Look, we talked to a lot of Gail's friends,
they said you didn't want the divorce,
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00:09:09,750 --> 00:09:11,100
that you were constantly
hitting her up for money
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00:09:11,150 --> 00:09:13,160
and that you didn't like the
fact that she was dating again.
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00:09:13,220 --> 00:09:14,930
I had no problem
with her dating.
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00:09:14,990 --> 00:09:17,470
I just didn't want that
Landry guy around my daughter.
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00:09:17,530 --> 00:09:18,530
Why's that?
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00:09:19,960 --> 00:09:21,070
I don't like him.
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00:09:21,130 --> 00:09:22,700
Apparently
the feeling's mutual.
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00:09:23,330 --> 00:09:25,750
So, where'd you go after you left
work the day of the murders?
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00:09:26,140 --> 00:09:28,480
I told you, I was sick.
I went home!
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00:09:28,540 --> 00:09:29,740
(KNOCKING ON DOOR)
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00:09:30,570 --> 00:09:32,380
Latent got a match
on some prints.
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00:09:34,610 --> 00:09:35,950
We got a hit on prints
that were found
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00:09:36,010 --> 00:09:38,320
both in Gail Churchill's apartment
and in the jewelry store.
184
00:09:39,920 --> 00:09:41,660
Ex-con named
Richard Morriston.
185
00:09:41,720 --> 00:09:42,790
Who?
186
00:09:44,090 --> 00:09:47,530
Fraud arrest in Colorado two years
ago, pled guilty to a misdemeanor.
187
00:09:47,590 --> 00:09:50,800
Two domestic abuse arrests,
one in Chicago, one here.
188
00:09:50,860 --> 00:09:52,670
The local woman's name
was Susan Kimball.
189
00:09:52,730 --> 00:09:54,540
Guy gets around.
Got a mug shot?
190
00:09:54,900 --> 00:09:56,040
Sure.
(TYPING)
191
00:09:56,770 --> 00:09:59,770
Oh. Mark Landry. Gail
Churchill's new boyfriend.
192
00:10:00,240 --> 00:10:01,240
Not anymore.
193
00:10:05,340 --> 00:10:09,090
SUSAN: Richard Morriston, huh?
I knew him as Kevin Massey.
194
00:10:09,150 --> 00:10:12,390
He had just gotten his real estate license.
He found me an apartment,
195
00:10:12,450 --> 00:10:15,760
which I was dumb enough to let him move
into after he'd blinded me with charm.
196
00:10:15,820 --> 00:10:16,850
What went wrong?
197
00:10:16,920 --> 00:10:19,130
I suspected he was accessing
my corporate accounts
198
00:10:19,190 --> 00:10:21,760
and using insider information
to make stock trades.
199
00:10:21,830 --> 00:10:23,500
BRISCOE: You confronted him?
200
00:10:23,560 --> 00:10:25,560
He has sensitive antenna.
201
00:10:25,630 --> 00:10:27,970
He knew something was wrong
and asked me what it was.
202
00:10:28,030 --> 00:10:29,530
So I told him.
203
00:10:29,930 --> 00:10:31,000
Big mistake.
204
00:10:31,070 --> 00:10:33,570
Ms. Kimball,
the police report says
205
00:10:33,640 --> 00:10:37,610
your injuries kept you in the hospital for two days.
Why'd you drop the charges?
206
00:10:37,740 --> 00:10:39,020
I was afraid of him.
207
00:10:39,640 --> 00:10:40,640
What's he done?
208
00:10:40,710 --> 00:10:42,950
It's not clear yet, but he's
left an unattractive trail
209
00:10:43,010 --> 00:10:44,960
from Denver to Chicago to here.
210
00:10:45,120 --> 00:10:46,220
Denver?
211
00:10:46,280 --> 00:10:49,130
He told me he came here
straight from Utah.
212
00:10:49,520 --> 00:10:51,620
According to Salt Lake City PD,
213
00:10:51,690 --> 00:10:56,140
Morriston dropped out of University
of Utah Law School in '94,
214
00:10:56,190 --> 00:10:59,200
right after the disappearance of
his girlfriend, Beth Fazekas.
215
00:10:59,260 --> 00:11:00,330
She was never found.
216
00:11:00,400 --> 00:11:04,310
The Mary Fazekas in Gail Churchill's
appointment book, that's Beth's mother.
217
00:11:04,370 --> 00:11:07,640
We spoke to her this morning. She said
she never heard of Gail Churchill.
218
00:11:07,700 --> 00:11:10,410
She's convinced Morriston
murdered her daughter.
219
00:11:10,470 --> 00:11:13,920
She's been waiting six years for a
break in the case. She's flying in.
220
00:11:13,980 --> 00:11:16,690
So obviously Churchill found
out about Morriston's past.
221
00:11:16,750 --> 00:11:17,780
VAN BUREN: More than that.
222
00:11:18,110 --> 00:11:20,490
She must've known something
that put him in danger.
223
00:11:20,550 --> 00:11:23,090
Nail it down
and we've got a motive.
224
00:11:26,690 --> 00:11:29,930
How does a con man
bamboozle so many smart women?
225
00:11:29,990 --> 00:11:32,200
Practice, practice, practice.
226
00:11:33,000 --> 00:11:35,410
You ever hear of an outfit
called lntelli-mate?
227
00:11:35,470 --> 00:11:38,340
Yeah. They run background
checks for suspicious lovers.
228
00:11:38,400 --> 00:11:40,880
How romantic. You use them?
(SCOFFS)
229
00:11:40,940 --> 00:11:42,310
What you got?
230
00:11:42,370 --> 00:11:45,150
MasterCard charge,
two weeks ago.
231
00:11:45,810 --> 00:11:48,590
Seven hundred bucks
to lntelli-mate.
232
00:11:49,980 --> 00:11:51,820
So most of your customers
are women?
233
00:11:51,880 --> 00:11:52,950
90%.
234
00:11:53,020 --> 00:11:56,430
Today's world, a woman's gotta be nuts
to date someone without running a check.
235
00:11:56,490 --> 00:12:00,660
Here we are. Gail Churchill, gave me
a name and social security number.
236
00:12:00,720 --> 00:12:04,170
Said she wanted us to run a
check on Richard Morriston.
237
00:12:04,390 --> 00:12:07,200
We found three arrests,
four known aliases.
238
00:12:07,260 --> 00:12:10,240
Suspected in the unsolved
disappearance of a girl in Utah.
239
00:12:12,000 --> 00:12:15,110
Did Ms. Churchill say how she
came by the social security card?
240
00:12:15,170 --> 00:12:19,350
She was dating a guy named Landry.
Found Morriston's card in his wallet.
241
00:12:19,410 --> 00:12:20,820
I guess it set off a red flag.
242
00:12:20,880 --> 00:12:22,650
And you mailed this
information to her apartment?
243
00:12:22,710 --> 00:12:24,690
We don't do that
for security reasons.
244
00:12:24,750 --> 00:12:26,790
I called her when it was
ready, she picked it up.
245
00:12:27,720 --> 00:12:29,630
Day before the murders.
246
00:12:32,490 --> 00:12:35,700
We don't want to hold out any
false hopes, Mrs. Fazekas.
247
00:12:35,760 --> 00:12:39,040
Don't apologize, Detective, I know you're
not working on my daughter's case.
248
00:12:39,100 --> 00:12:40,440
Yeah.
I just want to help.
249
00:12:40,500 --> 00:12:41,940
This is Detective Green.
250
00:12:42,000 --> 00:12:43,000
Hello.
Hi.
251
00:12:43,070 --> 00:12:45,100
Can you help us with this?
252
00:12:46,470 --> 00:12:47,850
That's him.
253
00:12:48,770 --> 00:12:49,770
My God.
254
00:12:49,840 --> 00:12:51,510
ED: You recognize
Ms. Churchill?
255
00:12:51,570 --> 00:12:55,150
No, it's the necklace she's wearing.
It was my daughter's.
256
00:12:59,320 --> 00:13:00,820
So this is it.
257
00:13:03,250 --> 00:13:06,130
I've always known Beth was dead
but seeing this necklace...
258
00:13:07,890 --> 00:13:09,560
Are you sure it's the same?
259
00:13:09,660 --> 00:13:11,300
My husband and I
gave it to her.
260
00:13:11,360 --> 00:13:14,270
A heart-shaped diamond
surrounded by rubies.
261
00:13:14,560 --> 00:13:17,550
We had it made for her 18th birthday.
Did you find it?
262
00:13:17,600 --> 00:13:19,200
No, no ma'am.
263
00:13:19,770 --> 00:13:22,180
Do you have any receipts or anything
authenticating the necklace?
264
00:13:22,240 --> 00:13:24,180
My husband registered
it with Gemprint.
265
00:13:24,240 --> 00:13:27,450
It's a private appraisal
and registration service.
266
00:13:29,180 --> 00:13:32,790
We use a laser-based scanner
that interfaces with a PC.
267
00:13:33,820 --> 00:13:36,260
Fazekas, Carl,
here's your stone.
268
00:13:37,150 --> 00:13:39,330
Originally registered
in Salt Lake City.
269
00:13:39,390 --> 00:13:40,390
Originally?
270
00:13:40,960 --> 00:13:43,370
Uh, apparently it got sold
somewhere along the line,
271
00:13:43,430 --> 00:13:46,240
'cause we re-registered it
a few weeks ago.
272
00:13:46,430 --> 00:13:47,910
We're talking
about a necklace, right?
273
00:13:47,960 --> 00:13:49,970
A heart-shaped diamond
with rubies?
274
00:13:50,030 --> 00:13:51,140
(TYPING)
275
00:13:51,200 --> 00:13:52,200
Right here.
276
00:13:52,270 --> 00:13:54,080
Who registered it
the second time?
277
00:13:54,740 --> 00:13:55,840
Churchill, Gail.
278
00:13:57,310 --> 00:13:58,910
Did you tell her
she wasn't the first?
279
00:14:00,640 --> 00:14:02,750
She seemed puzzled,
didn't say why.
280
00:14:03,710 --> 00:14:07,180
So Landry/Morriston gives
Gail Churchill the necklace
281
00:14:07,250 --> 00:14:08,390
and a story
to go along with it.
282
00:14:08,450 --> 00:14:11,160
Yeah, probably that he had it
made especially for her.
283
00:14:11,220 --> 00:14:14,000
She's a jeweler so she knows it's
valuable, and she knows about Gemprint,
284
00:14:14,060 --> 00:14:15,560
so she takes it there
to get it registered.
285
00:14:15,630 --> 00:14:17,040
Yeah. Surprise! Surprise!
286
00:14:17,090 --> 00:14:18,230
Now she's suspicious,
287
00:14:18,290 --> 00:14:21,300
so she goes to his wallet and finds
Morriston's social security card.
288
00:14:21,870 --> 00:14:23,870
And lntelli-mate
puts it together for her.
289
00:14:24,200 --> 00:14:25,410
Morriston know he's a suspect?
290
00:14:25,470 --> 00:14:26,570
Not from us.
291
00:14:26,640 --> 00:14:28,580
So far he's just been
a friendly witness.
292
00:14:28,640 --> 00:14:33,140
All right. Let's find him, keep him
occupied until we get a search warrant.
293
00:14:36,050 --> 00:14:40,320
Isn't it awful? That poor little girl.
Mark has been so upset.
294
00:14:40,380 --> 00:14:41,660
Could you tell him we're here?
295
00:14:41,720 --> 00:14:45,000
Oh, I'm so sorry, he called in
from the field after you called
296
00:14:45,050 --> 00:14:46,590
and he said he really
wants to talk with you.
297
00:14:46,660 --> 00:14:47,660
He's not here?
298
00:14:47,720 --> 00:14:50,030
No, he's not here at the moment.
He said something came up
299
00:14:50,090 --> 00:14:52,230
and he just has to swing by
his apartment on the way in.
300
00:14:52,300 --> 00:14:53,470
What time did you
speak with him?
301
00:14:53,530 --> 00:14:54,670
About half an hour ago.
302
00:14:56,470 --> 00:14:58,070
Something wrong?
303
00:14:58,170 --> 00:15:02,740
Hey look, man, that's what you said five minutes ago.
We need that warrant now.
304
00:15:02,810 --> 00:15:04,150
Thank you.
305
00:15:04,670 --> 00:15:06,950
There's been some kind of glitch.
They're trying to track it down.
306
00:15:07,010 --> 00:15:09,620
Hey, why don't you guys wait outside
until you get your warrant?
307
00:15:12,250 --> 00:15:13,630
I guess we won't have to.
308
00:15:17,050 --> 00:15:18,050
Too late.
309
00:15:20,290 --> 00:15:21,500
Thanks.
310
00:15:24,930 --> 00:15:27,240
You forget something,
Morriston?
311
00:15:35,200 --> 00:15:36,620
I don't see a warrant.
312
00:15:36,670 --> 00:15:38,020
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
00:15:42,480 --> 00:15:45,690
and "right now" are
two entirely different things.
315
00:15:48,820 --> 00:15:50,160
Excuse me.
316
00:15:55,860 --> 00:15:56,860
COP: Lennie.
317
00:16:00,430 --> 00:16:02,240
You got some tweezers,
lover boy?
318
00:16:04,030 --> 00:16:08,180
What we'd love to have happen here,
Morriston, just as a sideline,
319
00:16:08,240 --> 00:16:11,080
is you tell us where
Beth Fazekas ended up.
320
00:16:11,370 --> 00:16:14,290
Her mother's a nice lady, maybe
you'd like to help her out.
321
00:16:14,340 --> 00:16:16,320
I don't know where Beth is.
322
00:16:16,380 --> 00:16:17,690
How did I know
you were gonna say that?
323
00:16:18,050 --> 00:16:19,290
ED: Lennie,
324
00:16:19,350 --> 00:16:21,420
look what was in the
crawlspace above the closet.
325
00:16:21,480 --> 00:16:23,730
Labels say
"Surefire Security."
326
00:16:24,190 --> 00:16:27,260
You one of those psychos
who collects trophies?
327
00:16:56,150 --> 00:16:57,960
JACK: The only deal
on the table
328
00:16:58,020 --> 00:17:01,000
is a plea of guilty to the
top count of the indictment.
329
00:17:01,060 --> 00:17:05,270
Your indignation is based on fuzzy tapes
showing a man who could be anybody.
330
00:17:05,330 --> 00:17:07,370
CARMICHAEL: Tapes that were
recovered from his apartment.
331
00:17:07,430 --> 00:17:11,570
The video shows Mr. Morriston
leading four people to their death.
332
00:17:11,630 --> 00:17:15,210
And the police found the lntelli-mate
report in his desk at his office.
333
00:17:15,270 --> 00:17:18,380
A desk to which 40 people
have unfettered access.
334
00:17:19,210 --> 00:17:20,880
RICHARD: I don't blame you.
335
00:17:21,240 --> 00:17:24,380
I know how this looks, but I
didn't kill those people.
336
00:17:27,080 --> 00:17:30,430
It's gonna take more than a
smarmy imitation of sincerity
337
00:17:30,490 --> 00:17:32,430
to explain away those tapes.
338
00:17:32,490 --> 00:17:33,490
LYMAN: Coincidentally,
339
00:17:34,420 --> 00:17:37,960
motion to suppress the tapes and
anything else found in his apartment.
340
00:17:38,030 --> 00:17:39,800
Your legal theory being?
341
00:17:39,860 --> 00:17:42,170
Your detectives seized
Mr. Morriston's apartment
342
00:17:42,230 --> 00:17:45,340
prior to the issuance
of a valid search warrant.
343
00:17:48,140 --> 00:17:50,640
A toothpick?
What were they thinking?
344
00:17:50,710 --> 00:17:52,350
Jack, what were they
supposed to do?
345
00:17:52,410 --> 00:17:56,120
Let Morriston into his apartment, burn
the tapes, throw them out the window?
346
00:17:56,180 --> 00:17:59,320
In about an hour, they will be thrown
out the window by Judge Bradley.
347
00:17:59,380 --> 00:18:02,560
It's only because of those tapes
that we know what really happened.
348
00:18:02,620 --> 00:18:03,890
Too bad the jury won't.
349
00:18:05,150 --> 00:18:08,530
At least we have the necklace. And
we know he's lying about his alibi.
350
00:18:08,590 --> 00:18:11,090
Morriston claimed he was showing
an apartment at Carrington House
351
00:18:11,160 --> 00:18:12,260
when the murders took place.
352
00:18:12,330 --> 00:18:15,140
But now we know where he was.
Tapes put him at the crime scene.
353
00:18:15,200 --> 00:18:17,680
But if Jack's right, we're the
only ones who'll ever know.
354
00:18:17,730 --> 00:18:20,980
If we can't prove where he was, we'd damn
well better be able to prove where he wasn't.
355
00:18:21,040 --> 00:18:24,990
You go over his alibi again. Let's
account for every minute of his day.
356
00:18:25,310 --> 00:18:27,750
I'll go wrangle
with Judge Bradley.
357
00:18:27,840 --> 00:18:29,290
The insertion of the toothpick
358
00:18:29,350 --> 00:18:32,880
constituted an unlawful seizure
of my client's apartment.
359
00:18:33,120 --> 00:18:35,760
Mr. Lyman's desperation
is showing, Your Honor,
360
00:18:35,820 --> 00:18:39,770
because that videotape irrefutably
shows his client's guilt.
361
00:18:39,820 --> 00:18:43,400
The detectives were merely securing the
premises while awaiting the warrant.
362
00:18:43,460 --> 00:18:46,440
They had no right to secure the
premises prior to its arrival.
363
00:18:46,500 --> 00:18:48,980
If they hadn't, his client
would have destroyed evidence.
364
00:18:49,030 --> 00:18:51,770
Are you arguing there were exigent
circumstances, Counselor?
365
00:18:51,830 --> 00:18:54,040
Certainly there was exigency.
366
00:18:54,140 --> 00:18:57,050
The defendant has a history of
wriggling out of damaging situations.
367
00:18:57,110 --> 00:18:58,710
People v. Calder.
368
00:18:58,780 --> 00:19:02,520
Unless the police believed there was an
imminent risk of bodily harm to another,
369
00:19:02,580 --> 00:19:04,650
they clearly
violated procedure.
370
00:19:04,710 --> 00:19:07,920
Your honor, the arrival of Mr. Morriston
and the arrival of the warrant
371
00:19:07,980 --> 00:19:09,360
were virtually simultaneous.
372
00:19:09,420 --> 00:19:11,920
I understand the People have
powerful evidence, Mr. McCoy,
373
00:19:11,990 --> 00:19:14,530
but there's no way around
the Fourth Amendment here.
374
00:19:14,890 --> 00:19:15,890
The tapes are out.
375
00:19:15,960 --> 00:19:17,340
For God's sake judge,
did you watch them?
376
00:19:17,390 --> 00:19:18,430
I did not.
377
00:19:18,490 --> 00:19:20,700
I knew I had to exclude them.
378
00:19:21,330 --> 00:19:23,610
I didn't want them
to taint my objectivity.
379
00:19:26,070 --> 00:19:28,810
Landry, Morriston,
whatever the hell his name is
380
00:19:28,870 --> 00:19:32,510
he certainly wasn't at Carrington
House when we were there.
381
00:19:32,580 --> 00:19:33,850
And what time was that?
382
00:19:33,910 --> 00:19:36,250
We got there
a little after 5:00.
383
00:19:36,510 --> 00:19:38,550
Your appointment with him
was for 4:30?
384
00:19:38,920 --> 00:19:40,830
We're busy people,
Ms. Carmichael,
385
00:19:40,880 --> 00:19:43,450
I mean, he was working for us,
he should've waited.
386
00:19:43,590 --> 00:19:45,590
Okay. So you talked
to him later?
387
00:19:45,660 --> 00:19:48,760
Yes. He said
he waited for 30 minutes,
388
00:19:48,820 --> 00:19:51,860
then went to do something
else and came back later.
389
00:19:51,930 --> 00:19:53,910
Obviously, after we left.
390
00:19:53,960 --> 00:19:55,000
When was that?
391
00:19:55,060 --> 00:19:56,630
It was 5:20.
392
00:19:56,700 --> 00:19:59,270
We waited for 15 minutes.
393
00:20:01,140 --> 00:20:02,980
CARMICHAEL: The doorman at
the Carrington House said
394
00:20:03,040 --> 00:20:06,780
that Morriston showed up one late
afternoon in November carrying a gym bag.
395
00:20:06,840 --> 00:20:07,980
JACK: Can't pin down the date?
396
00:20:08,040 --> 00:20:09,680
CARMICHAEL: No but he
said it's the only time
397
00:20:09,750 --> 00:20:12,690
he's ever seen Morriston carrying
anything but a briefcase.
398
00:20:12,750 --> 00:20:15,060
So Morriston made the
appointment for 4:30,
399
00:20:15,120 --> 00:20:17,760
thinking he'd have an hour and
a half to kill those people,
400
00:20:17,820 --> 00:20:20,360
grab some jewels and still
make his appointment.
401
00:20:20,420 --> 00:20:24,340
But Gail Churchill wasn't where she was
supposed to be, he had to wait for her.
402
00:20:24,390 --> 00:20:25,800
And then he
put in an appearance
403
00:20:25,860 --> 00:20:28,140
at Carrington House
just to cover himself,
404
00:20:28,200 --> 00:20:30,770
if that was the day
he carried the gym bag.
405
00:20:30,830 --> 00:20:33,370
Well, it had to be, Jack. He had to
have some way of carrying the gun
406
00:20:33,440 --> 00:20:35,750
and the jewels
out of the store.
407
00:20:36,210 --> 00:20:39,810
Is the apartment Morriston was
supposed to show still empty?
408
00:20:39,880 --> 00:20:42,650
The new owners are doing some
remodeling before they move in.
409
00:20:42,710 --> 00:20:44,950
The workers start on Thursday.
410
00:20:45,550 --> 00:20:48,860
Make sure Briscoe and Green
have warrant in hand this time.
411
00:20:48,920 --> 00:20:50,590
And no toothpicks.
412
00:20:52,520 --> 00:20:55,970
My maintenance people say
Mr. Landry was in this apartment
413
00:20:56,030 --> 00:21:00,000
at least four times between November
12th and the date he became,
414
00:21:00,900 --> 00:21:03,140
unavailable for further visits.
415
00:21:03,400 --> 00:21:05,900
Did Landry have access
to any other empty apartments?
416
00:21:05,970 --> 00:21:08,110
This is the only one
he was showing at the time.
417
00:21:08,940 --> 00:21:09,940
Power switched off?
418
00:21:10,010 --> 00:21:11,680
When the apartments
are vacant, yes.
419
00:21:11,740 --> 00:21:15,050
What if a realtor wants to
show this place at night?
420
00:21:15,310 --> 00:21:16,590
Where'd you find it?
421
00:21:16,650 --> 00:21:18,890
They were hidden
in a locked electrical room.
422
00:21:18,950 --> 00:21:21,490
The manager says
Morriston had a key.
423
00:21:21,850 --> 00:21:25,130
Hey, guys, how much law school did
Morriston have before he dropped out?
424
00:21:25,190 --> 00:21:26,530
JACK: Why?
425
00:21:33,560 --> 00:21:37,410
I have both a statutory and a constitutional
right to represent myself, Judge.
426
00:21:37,470 --> 00:21:40,210
I advise you against this course
of action, Mr. Morriston.
427
00:21:40,270 --> 00:21:43,720
The standard is a knowing,
voluntary and intelligent waiver
428
00:21:43,770 --> 00:21:45,080
of the right to counsel.
429
00:21:45,140 --> 00:21:46,810
I'm exercising it.
430
00:21:47,080 --> 00:21:50,390
I don't want his conviction overturned
because of inadequate representation.
431
00:21:50,450 --> 00:21:53,390
The defendant is within
his rights, Mr. McCoy.
432
00:21:55,220 --> 00:21:58,460
I request you appoint Mr. Lyman
as his legal advisor.
433
00:21:59,490 --> 00:22:00,970
Mr. Morriston?
434
00:22:01,560 --> 00:22:02,900
It's fine with me, Your Honor.
435
00:22:03,630 --> 00:22:04,830
Then, if there's
nothing else...
436
00:22:04,890 --> 00:22:06,240
RICHARD:
I'd like to request bail.
437
00:22:07,100 --> 00:22:09,700
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
00:22:12,970 --> 00:22:15,280
The man is a vicious predator
and he's a flight risk.
440
00:22:15,340 --> 00:22:18,290
Mr. Morriston has lived in
New York for three years,
441
00:22:18,340 --> 00:22:22,920
he has close ties with the community, he has
a job to go back to after he is acquitted.
442
00:22:22,980 --> 00:22:23,980
Your Honor...
443
00:22:24,050 --> 00:22:25,920
There is no basis
for denying bail.
444
00:22:25,980 --> 00:22:28,830
Don't try to tell me
my job, Mr. Morriston.
445
00:22:29,820 --> 00:22:30,990
You either, Mr. McCoy.
446
00:22:31,420 --> 00:22:34,330
Bail for this defendant is set
in the amount of $1 million.
447
00:22:34,390 --> 00:22:35,870
Your Honor, one more thing,
448
00:22:35,930 --> 00:22:39,030
I move to suppress the necklace
and my prior arrest record.
449
00:22:39,100 --> 00:22:41,300
The necklace has
no bearing on this case.
450
00:22:41,360 --> 00:22:45,040
That's absurd. Gail Churchill's discovery
of the circumstances of the necklace
451
00:22:45,100 --> 00:22:47,210
provides the defendant
with motive.
452
00:22:47,440 --> 00:22:51,380
I agree with the People on the necklace.
It is inextricably linked to this case.
453
00:22:51,440 --> 00:22:53,390
As for the fraud conviction,
454
00:22:54,410 --> 00:22:58,290
I'll let the conviction come in,
Mr. McCoy, but not its underlying facts.
455
00:22:58,350 --> 00:22:59,350
Your Honor...
456
00:22:59,420 --> 00:23:03,060
That's enough, Mr. Morriston.
You have atrial to prepare for.
457
00:23:07,760 --> 00:23:11,070
JACK: This will be a difficult
time for all of you.
458
00:23:11,760 --> 00:23:15,900
You'll be asked to examine horrifying
photographs of a savage crime.
459
00:23:17,570 --> 00:23:20,070
You'll be asked
to confront the fact
460
00:23:20,900 --> 00:23:24,750
that this well-dressed,
soft-spoken defendant
461
00:23:25,510 --> 00:23:28,180
is capable
of terrible barbarity.
462
00:23:29,050 --> 00:23:32,860
The state of New York appreciates
your putting your own lives on hold
463
00:23:32,920 --> 00:23:39,090
in order to seek justice for the four
victims of Mr. Morriston's butchery.
464
00:23:53,940 --> 00:23:55,850
I agree with Mr. McCoy.
465
00:23:57,370 --> 00:24:00,750
These victims
cry out for justice
466
00:24:00,810 --> 00:24:04,020
and I'm grateful that the state
of New York has the resources
467
00:24:04,080 --> 00:24:05,890
to avenge these
terrible killings.
468
00:24:06,850 --> 00:24:08,330
My girlfriend
469
00:24:10,490 --> 00:24:12,470
and her sweet little daughter.
470
00:24:13,320 --> 00:24:17,770
Mr. and Mrs. Bennett, a lovely
couple, who never harmed a soul.
471
00:24:19,230 --> 00:24:24,840
Justice demands condemnation of the guilty,
not the sacrifice of the innocent.
472
00:24:27,470 --> 00:24:29,610
And I stand here before you,
473
00:24:31,310 --> 00:24:32,910
an innocent man.
474
00:24:35,080 --> 00:24:37,280
I ask you please,
475
00:24:38,810 --> 00:24:42,490
please pay close attention
to Mr. McCoy's case
476
00:24:43,850 --> 00:24:47,160
and decide whether you see one shred
of evidence that proves my guilt.
477
00:24:48,920 --> 00:24:51,460
The rest of my life
is in your hands.
478
00:24:52,860 --> 00:24:54,210
Thank you.
479
00:24:58,500 --> 00:25:00,310
HERRICK: The spatter
patterns were clear.
480
00:25:00,370 --> 00:25:02,210
Mr. Bennett was shot first,
481
00:25:02,810 --> 00:25:07,810
Mrs. Bennett second, then Mrs. Churchill
and finally the little girl.
482
00:25:07,880 --> 00:25:09,950
Could you describe
the child's wounds?
483
00:25:10,010 --> 00:25:11,580
Objection, Your Honor,
this is clearly...
484
00:25:11,650 --> 00:25:15,150
Mr. Morriston, it's customary to
stand when addressing the court.
485
00:25:15,380 --> 00:25:17,730
I think...
Yes, sir, I apologize.
486
00:25:18,620 --> 00:25:22,000
I think Mr. McCoy is attempting
to prejudice the jury.
487
00:25:26,030 --> 00:25:30,140
The jury can't render a verdict unless it's
made aware of the nature of the crime.
488
00:25:30,200 --> 00:25:32,480
These are intelligent,
sensitive people.
489
00:25:32,540 --> 00:25:35,480
You're forcing them to dwell
on the horror of this carnage.
490
00:25:35,540 --> 00:25:39,680
Mr. Morriston, please address your remarks
to the court, not to opposing counsel.
491
00:25:39,740 --> 00:25:41,090
And keep your voice down.
492
00:25:41,140 --> 00:25:42,620
I'm sorry, sir, I didn't know.
493
00:25:42,680 --> 00:25:45,750
Now you do. The witness
may answer the question.
494
00:25:48,520 --> 00:25:52,160
Ellie Churchill sustained a
single gunshot wound to the back.
495
00:25:52,220 --> 00:25:55,400
It perforated her heart.
Death was instantaneous.
496
00:25:55,960 --> 00:25:57,300
Thank you.
497
00:25:57,860 --> 00:25:59,460
Nothing further.
498
00:26:01,060 --> 00:26:02,410
Mr. Morriston?
499
00:26:14,980 --> 00:26:18,950
Your Honor, there's no debate that
the victims are horribly dead.
500
00:26:23,420 --> 00:26:25,020
I'm not sure what to ask.
501
00:26:27,490 --> 00:26:28,830
Mr. Lyman?
502
00:26:31,530 --> 00:26:35,870
In your examination of the bodies,
did you find any forensic evidence
503
00:26:35,930 --> 00:26:38,840
that enabled you to determine
the identity of the killer?
504
00:26:39,640 --> 00:26:40,840
HERRICK: I did not.
505
00:26:40,900 --> 00:26:41,940
LYMAN: Thank you.
506
00:26:42,000 --> 00:26:43,920
JUDGE: Mr. Morriston, do you
have any further questions?
507
00:26:44,610 --> 00:26:46,590
No, I'm through, Your Honor.
508
00:26:53,580 --> 00:26:57,220
There is more flirting going on in there
than at spring break on Padre Island.
509
00:26:57,290 --> 00:27:00,760
That's how Mr. Morriston's gotten
through life, by turning on the charm.
510
00:27:00,820 --> 00:27:03,300
Well, shouldn't we
notify Judge Bradley?
511
00:27:03,360 --> 00:27:05,460
I need something more tangible.
512
00:27:05,530 --> 00:27:07,910
See if Lieutenant Van Buren
can spare the manpower
513
00:27:07,960 --> 00:27:10,810
to keep tabs on him
when he's not in court.
514
00:27:13,440 --> 00:27:16,180
Beth disappeared
on October 3rd, 1994.
515
00:27:16,810 --> 00:27:20,750
She'd asked me if she could use our
house outside Provo for a few days.
516
00:27:20,810 --> 00:27:22,620
The police told us
she never made it there.
517
00:27:22,680 --> 00:27:24,890
Did Beth say
she'd be going by herself?
518
00:27:24,950 --> 00:27:28,900
Yes, she said she wanted to be alone
to think some things through.
519
00:27:28,950 --> 00:27:30,490
JACK:
Did she say what things?
520
00:27:30,550 --> 00:27:32,620
She said she didn't want
to talk about it yet.
521
00:27:32,790 --> 00:27:35,860
I got the impression that things
weren't going well with Richard.
522
00:27:35,930 --> 00:27:37,560
Objection, speculative.
523
00:27:37,630 --> 00:27:39,260
JUDGE: Sustained.
524
00:27:40,630 --> 00:27:42,670
People's four, Your Honor.
525
00:27:42,970 --> 00:27:46,280
This is the photograph of the
defendant with Gail Churchill.
526
00:27:47,570 --> 00:27:49,310
Have you seen
this photograph before?
527
00:27:49,370 --> 00:27:52,110
Yes. The New York police
showed it to me.
528
00:27:52,370 --> 00:27:54,410
I told them this necklace
was my daughter's.
529
00:27:54,480 --> 00:27:58,450
Do you know how it went from your
daughter's possession to Ms. Churchill's?
530
00:27:58,510 --> 00:28:00,930
LYMAN: Objection.
Calls for speculation.
531
00:28:00,980 --> 00:28:01,980
Sustained.
532
00:28:03,650 --> 00:28:05,560
I have nothing further.
533
00:28:22,070 --> 00:28:23,310
Mary, you know me.
534
00:28:24,440 --> 00:28:28,050
You know how I felt about Beth, you
can't think I'd have harmed her.
535
00:28:28,110 --> 00:28:30,560
Does Mr. Morriston have
a question for this witness
536
00:28:30,610 --> 00:28:32,590
he'd like to share
with the rest of us?
537
00:28:32,650 --> 00:28:36,100
JUDGE: Mr. Morriston, speak
so the court can hear you.
538
00:28:40,090 --> 00:28:42,160
When Beth disappeared,
what was my reaction?
539
00:28:44,030 --> 00:28:46,170
You pretended to be frantic.
540
00:28:46,560 --> 00:28:47,600
LYMAN: Your Honor...
541
00:28:47,700 --> 00:28:50,440
JUDGE: Mrs. Fazekas,
your opinions and intuitions
542
00:28:50,500 --> 00:28:52,480
can form no part
of these proceedings.
543
00:28:52,870 --> 00:28:54,780
Please stick to the facts.
544
00:28:54,840 --> 00:28:56,340
Mr. Morriston?
545
00:28:57,770 --> 00:28:59,310
I can't do this.
546
00:28:59,940 --> 00:29:02,050
JUDGE: Would you like
Mr. Lyman to take over?
547
00:29:02,480 --> 00:29:06,590
No, sir, I'd rather not put this
lady through any more of this.
548
00:29:08,050 --> 00:29:09,050
No further questions.
549
00:29:12,990 --> 00:29:15,030
Do you recognize these items?
550
00:29:15,090 --> 00:29:19,060
Yes. That's the murder weapon and that's the
merchandise taken from Bennett jewelry.
551
00:29:19,130 --> 00:29:20,800
Where did you recover them?
552
00:29:20,860 --> 00:29:25,470
They were hidden in an electrical room
on the 10th floor of Carrington House.
553
00:29:26,800 --> 00:29:31,340
The apartment Mr. Morriston was supposed
to show that day what floor was it on?
554
00:29:32,270 --> 00:29:33,340
Ten.
555
00:29:35,010 --> 00:29:37,620
Thank you, Detective.
Nothing further.
556
00:29:56,530 --> 00:29:59,600
Were my fingerprints on any of
these items that you found?
557
00:29:59,670 --> 00:30:01,810
The evidence indicated
the killer wore gloves.
558
00:30:01,870 --> 00:30:03,140
RICHARD: I'm sorry, Detective.
559
00:30:03,470 --> 00:30:05,850
I believe that that was
a yes or no question.
560
00:30:05,910 --> 00:30:07,950
JUDGE: Yes or no, Detective.
561
00:30:08,940 --> 00:30:10,320
(SIGHS) No.
562
00:30:10,480 --> 00:30:12,960
Did you try and link me with the gun?
Yes or no?
563
00:30:13,250 --> 00:30:14,280
BRISCOE: Yes.
564
00:30:14,350 --> 00:30:16,690
And were you successful?
Yes or no?
565
00:30:17,790 --> 00:30:18,820
No.
566
00:30:22,490 --> 00:30:23,600
Thank you.
567
00:30:26,660 --> 00:30:28,540
RICHARD: Detective Briscoe,
568
00:30:31,230 --> 00:30:34,310
when you and your partner
talked to me after the murders,
569
00:30:34,370 --> 00:30:37,010
did you ask me where I was on
the afternoon of the 12th?
570
00:30:37,070 --> 00:30:40,850
Yes. You said you were showing an
apartment at Carrington House.
571
00:30:41,240 --> 00:30:42,590
Thank you.
572
00:30:43,650 --> 00:30:45,780
That's all. Nothing further.
573
00:30:52,090 --> 00:30:53,960
(WHISPERING INAUDIBLY)
574
00:30:54,160 --> 00:30:55,970
Approach, Your Honor?
575
00:30:56,430 --> 00:30:58,230
JUDGE: Mr. Morriston.
576
00:31:00,260 --> 00:31:03,870
My opinion, we have a serious
problem with juror number one.
577
00:31:04,670 --> 00:31:06,300
Send the jury out.
578
00:31:06,970 --> 00:31:10,420
I will see the rest of you
in my chambers in one hour.
579
00:31:11,040 --> 00:31:13,650
Judge Bradley, he's flirting
with the jury foreperson
580
00:31:13,710 --> 00:31:15,250
and she's flirting with him.
581
00:31:15,310 --> 00:31:19,020
Your Honor, I was simply addressing the jury.
Is that wrong?
582
00:31:19,580 --> 00:31:23,500
So, what do you suggest, Mr. McCoy? I
can't order the jury to wear blindfolds.
583
00:31:23,550 --> 00:31:26,970
The People request you remove juror
number one and seat an alternate.
584
00:31:27,020 --> 00:31:28,230
JUDGE: On what grounds?
585
00:31:28,290 --> 00:31:29,290
Do you have any evidence
586
00:31:29,360 --> 00:31:32,170
the defendant is improperly
influencing members of this jury?
587
00:31:32,290 --> 00:31:34,240
He's contacting them
outside of the court?
588
00:31:34,300 --> 00:31:35,430
That he's offering them
inducements?
589
00:31:35,960 --> 00:31:38,710
I believe there's a considerable
amount of unspoken communication
590
00:31:38,770 --> 00:31:40,040
going on between
the two of them.
591
00:31:40,100 --> 00:31:44,950
Mr. McCoy, I'm afraid I'll need a lot more
than that to remove a juror mid-trial.
592
00:31:45,240 --> 00:31:46,690
People's request denied.
593
00:31:47,710 --> 00:31:50,780
Mr. Morriston, this court
is not a singles bar.
594
00:31:51,380 --> 00:31:54,290
You will conduct yourself
with the proper decorum.
595
00:31:57,390 --> 00:32:00,830
There is no margin of error
in the process, Mr. McCoy.
596
00:32:00,960 --> 00:32:03,840
The Gemprint system
is as accurate as DNA.
597
00:32:04,290 --> 00:32:08,640
So your testimony is that the necklace
registered by Mr. Fazekas in Utah,
598
00:32:08,700 --> 00:32:11,840
is the same necklace Gail
Churchill registered in New York?
599
00:32:12,100 --> 00:32:13,100
Yes, sir.
600
00:32:15,400 --> 00:32:17,820
Thank you.
I have nothing further.
601
00:32:27,180 --> 00:32:30,990
Is it your understanding that DNA is an
infallible identification technique?
602
00:32:31,920 --> 00:32:32,920
Pretty close.
603
00:32:39,730 --> 00:32:43,700
So, when you compare
your technique to DNA
604
00:32:43,770 --> 00:32:47,870
you're saying that Gemprint comes
"pretty close" to being accurate?
605
00:32:48,270 --> 00:32:49,610
That's not what I said.
606
00:32:50,140 --> 00:32:52,240
That's what some of us heard.
607
00:32:53,380 --> 00:32:54,480
Um...
608
00:32:55,380 --> 00:32:57,520
No more questions.
Thank you.
609
00:32:59,110 --> 00:33:00,320
Mr. McCoy.
610
00:33:00,380 --> 00:33:02,520
The People rest, Your Honor.
611
00:33:02,650 --> 00:33:05,390
Is the defense ready
to proceed with its case?
612
00:33:06,220 --> 00:33:09,600
Yes, sir,
we call Annette Perry.
613
00:33:10,490 --> 00:33:11,870
Your Honor...
614
00:33:12,690 --> 00:33:15,200
There's no such name
on the witness list.
615
00:33:15,960 --> 00:33:17,310
Mr. Lyman?
616
00:33:18,870 --> 00:33:23,320
Mr. Morisston informed me only today, Your Honor.
Ms. Perry is an alibi witness.
617
00:33:23,370 --> 00:33:27,790
If the defendant has an alibi witness, the
People have a right to statutory notice.
618
00:33:27,840 --> 00:33:30,150
You have 48 hours
to check out the witness.
619
00:33:30,380 --> 00:33:31,980
(GAVEL BANGING)
620
00:33:35,850 --> 00:33:40,200
Annette Perry is the receptionist at the
realty company where Morriston works.
621
00:33:40,260 --> 00:33:43,700
According to several of her co-workers,
she's had the hots for Morriston,
622
00:33:43,760 --> 00:33:46,600
who, up until now, has
shown zero interest in her.
623
00:33:46,660 --> 00:33:48,700
What kind of interest
is he showing now?
624
00:33:48,760 --> 00:33:51,710
Well, according to the cops,
he's had dinner at her apartment
625
00:33:51,770 --> 00:33:55,910
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
00:33:58,910 --> 00:34:02,480
and have the cops find out where
Ms. Perry really was that afternoon.
628
00:34:02,540 --> 00:34:04,420
They're already on it.
629
00:34:05,650 --> 00:34:08,490
Putting this woman on the stand
amounts to suborning perjury.
630
00:34:08,550 --> 00:34:11,090
Judge, there's nothing to say
the witness is lying.
631
00:34:11,150 --> 00:34:12,530
The tapes say it.
632
00:34:12,590 --> 00:34:14,570
The tapes aren't part
of the evidence.
633
00:34:14,620 --> 00:34:18,070
Mr. Morriston is with Ms. Perry every
night of the week, Your Honor.
634
00:34:18,530 --> 00:34:19,560
How do you know that?
635
00:34:19,630 --> 00:34:22,340
I instructed the police
to keep tabs on him.
636
00:34:22,400 --> 00:34:24,340
We think he's a flight risk
637
00:34:24,400 --> 00:34:27,710
and his inappropriate behavior towards the
jury may extend beyond the courtroom.
638
00:34:28,070 --> 00:34:30,050
Since Mr. Morriston
is acting pro se,
639
00:34:30,110 --> 00:34:33,550
having him followed is tantamount
to intimidating counsel, Mr. McCoy.
640
00:34:33,610 --> 00:34:35,180
Call off the dogs.
641
00:34:35,240 --> 00:34:38,710
Mr. Morriston, you do understand
what suborning perjury means?
642
00:34:38,780 --> 00:34:41,690
Ms. Perry can prove that I did not
commit the crime, Your Honor,
643
00:34:41,750 --> 00:34:43,790
you can't refuse
to let her testify.
644
00:34:43,850 --> 00:34:45,760
JACK: She's on the stand,
Mr. Morriston,
645
00:34:45,820 --> 00:34:47,320
feeding her leading questions.
646
00:34:47,390 --> 00:34:49,030
You think I'm
some kind of Svengali?
647
00:34:49,090 --> 00:34:51,160
Fine. Let Mr. Lyman
question her.
648
00:34:51,230 --> 00:34:53,470
I'll sit in my seat
and not say a word.
649
00:34:53,530 --> 00:34:54,560
JUDGE: Mr. McCoy?
650
00:34:54,630 --> 00:34:56,510
Still clearly perjury,
Your Honor.
651
00:34:56,570 --> 00:34:59,570
He has a right to
an alibi witness, Mr. McCoy.
652
00:35:00,740 --> 00:35:02,370
Send in the jury.
653
00:35:05,940 --> 00:35:10,050
Do you remember where you were the
afternoon of November 12th of last year?
654
00:35:10,550 --> 00:35:11,750
I was with him.
655
00:35:11,810 --> 00:35:14,020
He was showing me
around Carrington House.
656
00:35:14,520 --> 00:35:17,960
I told him how much I would love to see
inside a famous building like that,
657
00:35:18,020 --> 00:35:20,060
and he was nice enough
to show it to me.
658
00:35:20,120 --> 00:35:23,430
What time did you and
he arrive at Carrington House?
659
00:35:23,730 --> 00:35:27,100
We got there a little after
3:00 and left around 5:30.
660
00:35:28,100 --> 00:35:31,570
Did the defendant ask you
to come here and lie for him?
661
00:35:31,770 --> 00:35:33,250
He wouldn't do that.
662
00:35:34,040 --> 00:35:36,570
Thank you, Ms. Perry,
that'll be all.
663
00:35:39,040 --> 00:35:41,850
Are you in love with the
defendant, Ms. Perry?
664
00:35:41,910 --> 00:35:43,480
Objection, relevance.
665
00:35:43,550 --> 00:35:45,080
It's obvious, Your Honor.
666
00:35:45,150 --> 00:35:47,750
JUDGE: Overruled.
Go ahead, Mr. McCoy.
667
00:35:48,580 --> 00:35:49,930
Ms. Perry?
668
00:35:50,520 --> 00:35:53,300
We have a strictly
professional relationship.
669
00:35:55,090 --> 00:35:58,200
Have you had dinner
with Mr. Morriston recently?
670
00:35:59,260 --> 00:36:01,040
Just the two of you?
671
00:36:01,230 --> 00:36:02,970
Yes, several times.
672
00:36:03,500 --> 00:36:04,670
Where?
673
00:36:05,530 --> 00:36:07,140
In my apartment.
674
00:36:07,270 --> 00:36:09,880
JACK: And these meetings
were strictly professional?
675
00:36:10,310 --> 00:36:11,610
PERRY: Yes, sir, they were.
676
00:36:11,670 --> 00:36:13,410
JACK: What was the business
677
00:36:13,510 --> 00:36:17,580
you and Mr. Morriston had with
each other on these occasions?
678
00:36:18,080 --> 00:36:20,620
He was helping me study
for my real estate exam.
679
00:36:20,680 --> 00:36:24,220
And he was doing this out
of the goodness of his heart?
680
00:36:24,590 --> 00:36:28,230
Yes. He's a very generous,
thoughtful person.
681
00:36:29,290 --> 00:36:32,100
I told him it could wait until
after the trial, but he insisted.
682
00:36:33,060 --> 00:36:35,560
JACK: Where were you on
November the 12th, Ms. Perry?
683
00:36:36,030 --> 00:36:38,770
Objection. Asked
and answered, Your Honor.
684
00:36:38,970 --> 00:36:40,610
JUDGE: Sustained.
685
00:36:40,900 --> 00:36:43,210
Are you aware of
the penalty for perjury?
686
00:36:43,270 --> 00:36:45,220
LYMAN: Objection.
Mr. McCoy?
687
00:36:48,640 --> 00:36:50,250
Nothing further.
688
00:36:51,980 --> 00:36:53,220
LYMAN: Richard,
689
00:36:54,520 --> 00:36:57,620
I would like to take you
through Mr. McCoy's case,
690
00:36:57,690 --> 00:37:00,900
and I would like you to
address the jury directly.
691
00:37:02,720 --> 00:37:04,500
If you were already
at Carrington House,
692
00:37:05,160 --> 00:37:07,970
why didn't you keep
your 4:30 appointment?
693
00:37:08,260 --> 00:37:12,800
Annette was having such a good time I
hated to cut it short and disappoint her.
694
00:37:12,870 --> 00:37:15,280
I can reschedule
an appointment at any time.
695
00:37:15,340 --> 00:37:17,370
Did you ask Annette Perry
to lie for you?
696
00:37:18,010 --> 00:37:19,420
No, I did not.
697
00:37:19,470 --> 00:37:21,890
Now, about the gun
and the jewels.
698
00:37:21,940 --> 00:37:25,120
Do you have any explanation as to why
they were found at Carrington House?
699
00:37:25,180 --> 00:37:28,130
Well, I don't know
that they were, Mr. Lyman.
700
00:37:28,250 --> 00:37:30,790
I only know that the police
say that they were.
701
00:37:32,820 --> 00:37:34,060
Richard,
702
00:37:36,160 --> 00:37:38,500
did you kill
any of these people?
703
00:37:38,730 --> 00:37:39,900
Adam and Corinne Bennett?
704
00:37:40,330 --> 00:37:41,830
No, I did not.
705
00:37:45,900 --> 00:37:47,440
Gail Churchill?
706
00:37:49,000 --> 00:37:50,240
God, no.
707
00:37:53,840 --> 00:37:55,320
Ellie Churchill?
708
00:37:57,710 --> 00:37:58,750
No.
709
00:38:00,850 --> 00:38:02,590
Thank you, Richard.
710
00:38:05,320 --> 00:38:10,860
I notice Mr. Lyman didn't ask you
about the report from Intelli-mate
711
00:38:10,930 --> 00:38:13,410
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 --> 00:38:18,200
that covers that circumstance?
714
00:38:18,270 --> 00:38:19,970
LYMAN: Objection.
JUDGE: Sustained.
715
00:38:20,140 --> 00:38:21,810
Watch your step,
Mr. McCoy.
716
00:38:22,500 --> 00:38:24,810
How did that report
come into your possession?
717
00:38:25,210 --> 00:38:27,190
I don't know, Mr. McCoy.
718
00:38:28,710 --> 00:38:30,990
Perhaps the police
planted that, too?
719
00:38:31,510 --> 00:38:32,820
That would explain it.
720
00:38:33,150 --> 00:38:37,060
Did the Denver police plant the evidence
that led to your fraud conviction there?
721
00:38:37,120 --> 00:38:38,120
Objection.
722
00:38:38,190 --> 00:38:40,630
Overruled,
the witness will answer.
723
00:38:41,860 --> 00:38:45,100
I don't think they framed me, I
think they just made a mistake.
724
00:38:45,330 --> 00:38:50,210
You're asking this jury to believe
that New York police framed you,
725
00:38:51,270 --> 00:38:54,080
the Denver police
are incompetent
726
00:38:55,000 --> 00:39:00,390
and that Beth Fazekas's necklace wound
up in your possession by coincidence.
727
00:39:00,980 --> 00:39:03,420
I don't have any other
explanations, Mr. McCoy.
728
00:39:03,480 --> 00:39:09,390
Twenty-four hours after Gail Churchill
found out whose necklace you gave her,
729
00:39:09,550 --> 00:39:10,690
she was dead.
730
00:39:11,190 --> 00:39:16,140
Are you asking this jury to believe
that those two events are unrelated?
731
00:39:16,190 --> 00:39:19,700
You can pile up coincidences, Mr. McCoy,
you can slather on the sarcasm,
732
00:39:19,760 --> 00:39:22,540
but you will not get me
to say that I killed anybody.
733
00:39:23,100 --> 00:39:24,770
Because I did not.
734
00:39:24,970 --> 00:39:28,940
Don't you think your lies
amount to a confession?
735
00:39:29,000 --> 00:39:30,040
LYMAN: Objection.
736
00:39:30,110 --> 00:39:32,710
JUDGE: Sustained.
Rephrase, Mr. McCoy.
737
00:39:39,380 --> 00:39:40,720
Withdrawn.
738
00:39:50,230 --> 00:39:52,230
Based on your note,
Madam Foreperson,
739
00:39:52,290 --> 00:39:55,300
I see you are still
unable to reach a verdict.
740
00:39:55,630 --> 00:39:56,770
Is that correct?
741
00:39:56,830 --> 00:39:58,000
Yes, Your Honor.
742
00:39:58,070 --> 00:40:01,910
I also understand that further
deliberation would be pointless.
743
00:40:02,000 --> 00:40:03,570
Is that correct?
744
00:40:03,640 --> 00:40:04,740
Yes, Your Honor.
745
00:40:04,810 --> 00:40:06,180
Thank you. Thank you
for seeing through the lies...
746
00:40:06,240 --> 00:40:07,240
(GAVEL BANGING)
747
00:40:07,310 --> 00:40:09,120
Quiet, Mr. Morriston.
748
00:40:10,650 --> 00:40:14,220
Counselors, based on that record, I have
no choice but to declare a mistrial.
749
00:40:15,250 --> 00:40:16,820
Ladies and gentlemen,
you're excused.
750
00:40:17,090 --> 00:40:18,290
(GAVEL BANGING)
751
00:40:24,160 --> 00:40:26,870
How far are we from going
to trial on the serial rapist?
752
00:40:26,930 --> 00:40:28,970
The defense just asked
for their third continuance
753
00:40:29,030 --> 00:40:30,480
and Lewin wants me
to give it to them.
754
00:40:30,530 --> 00:40:33,210
Well, we're about to get buried
on our car-jacking friend.
755
00:40:33,270 --> 00:40:34,270
What can I do?
756
00:40:34,340 --> 00:40:35,340
(KNOCKING ON DOOR)
757
00:40:38,410 --> 00:40:40,080
Can I talk to you?
758
00:40:42,780 --> 00:40:44,020
Come in.
759
00:40:49,750 --> 00:40:52,160
I think I made
a terrible mistake.
760
00:40:56,490 --> 00:40:58,130
He did it, didn't he?
761
00:40:58,190 --> 00:41:00,170
Yeah. He did it.
762
00:41:02,500 --> 00:41:04,670
Why exactly are you here,
Ms. Gibbons?
763
00:41:07,300 --> 00:41:11,880
I'm afraid I may have used undue
influence as the foreperson.
764
00:41:13,140 --> 00:41:14,210
HOW?
765
00:41:14,340 --> 00:41:18,220
I used my position to keep pushing
for a not guilty verdict.
766
00:41:18,780 --> 00:41:19,950
Why did you do that?
767
00:41:20,010 --> 00:41:21,690
I thought he was innocent.
768
00:41:24,590 --> 00:41:27,330
I thought we had this
magical connection.
769
00:41:28,760 --> 00:41:31,760
That he was this
once-in-a-lifetime soul mate.
770
00:41:32,890 --> 00:41:36,930
You thought all that without
ever actually speaking to him?
771
00:41:41,040 --> 00:41:42,040
Unless you did.
772
00:41:46,680 --> 00:41:48,550
We went out to dinner.
773
00:41:51,650 --> 00:41:52,750
When?
774
00:41:53,050 --> 00:41:54,690
During the trial.
775
00:41:55,380 --> 00:41:56,560
(SIGHS)
776
00:41:56,620 --> 00:41:58,500
After the police
stopped following him.
777
00:41:58,550 --> 00:42:00,290
We didn't talk about
the case at all.
778
00:42:01,690 --> 00:42:03,730
We talked about ourselves.
779
00:42:05,390 --> 00:42:07,070
He listened to me.
780
00:42:09,630 --> 00:42:12,480
He was interested in
whatever I had to say.
781
00:42:13,100 --> 00:42:15,840
How long after the trial
did he dump you?
782
00:42:17,840 --> 00:42:19,110
Two days.
783
00:42:21,640 --> 00:42:23,850
Are you willing to
say this under oath?
784
00:42:27,050 --> 00:42:29,890
Yeah.
He killed a child.
785
00:42:32,820 --> 00:42:35,270
I'll do anything
you want me to do.
786
00:42:39,130 --> 00:42:42,200
So, we retry him for homicide
and add jury tampering.
787
00:42:42,260 --> 00:42:43,500
An A misdemeanor.
788
00:42:43,570 --> 00:42:44,570
(CELL PHONE RINGING)
789
00:42:44,630 --> 00:42:46,910
His lawyer will maintain it's just
the revenge of a woman scorned.
790
00:42:46,970 --> 00:42:49,410
We're not gonna convict this
guy of anything, are we?
791
00:42:49,500 --> 00:42:52,250
I don't think so.
I think this one walks.
792
00:42:52,440 --> 00:42:54,250
We'll be right there.
793
00:42:54,440 --> 00:42:55,940
Not this time.
794
00:43:00,050 --> 00:43:03,090
BRISCOE: She's washing the dishes,
she's got the water running,
795
00:43:03,150 --> 00:43:07,790
he comes up behind her, wraps this
around her neck, she stabs him.
796
00:43:09,560 --> 00:43:11,000
CARMICHAEL: So, is that
what happened, Carol?
797
00:43:11,060 --> 00:43:12,130
CAROL: Yes.
798
00:43:12,230 --> 00:43:13,260
So he snuck up behind you?
799
00:43:14,860 --> 00:43:16,210
Is that when you reached
for the shears?
800
00:43:16,260 --> 00:43:17,330
Yes.
801
00:43:17,970 --> 00:43:19,070
Okay.
802
00:43:20,970 --> 00:43:22,780
Marks on her neck
consistent with that?
803
00:43:22,840 --> 00:43:24,340
Looks like it.
804
00:43:24,470 --> 00:43:26,080
Is she a collar?
805
00:43:30,250 --> 00:43:31,620
Wrap it up...
64965
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