All language subtitles for Picket.Fences.S03E02.WebRip

[Jimmy] Previously
on Picket Fences...

I’ve retrieved
what appears to be

a right middle or ring finger,

severed at the second joint.

Maybe we should turn you loose
and let the mob outside
deal with you.

You can’t do this.

We can do whatever we want,

we’re the cops.

[man 1]
All right, we got it.

‐[police radio chatter]
‐[man 2] Okay, come on.

[Henry]
The discovery of the body

would be fruits
of a poisonous tree.

I may have no choice
but to dismiss the charges.

When I come back,
the three of you can tell me

the brilliant plan
you’ve devised

to keep that bastard in jail.

‐Mister...
‐Go figure it out!

Mr. Latham,
you are going to trial.

If the Supreme Court
has a problem with that,

they can come and get me.

We’ve got two choices,
go right to the appellate court,

try to overturn Judge Bone,

get your statement
and the evidence suppressed.

Or the this case right now,
which I think we should do.

‐Why?
‐Because our chances
of a conviction

are better the sooner we go.

We’ve got all our evidence
except for the weapon

and if we haven’t
found that by now...

What about DNA?

Well, all the blood
we found was hers.

Hair and fiber go to her, him,

and in the car, her family.

‐It’s not airtight.
‐Exactly, it’s circumstantial.

That’s why I’d like to try it
while it’s still fresh
in the jury’s heads.

Time can only help
the defense.

Then why does Wambaugh
want to go now?

Because I can take advantage
of the short investigation.

I can argue that
they didn’t take the time
to look for anybody else.

It’ll play into
reasonable doubt.

Plus, this trial
is a free shot for us.

See, if they lose,

they can still get it overturned
on constitutional grounds.

If they win,
the state can’t appeal

an acquittal, the man walks.

It’s a free buy for him,
Wambaugh knows what he’s doing.

Do we?

Appellate courts
are less likely

to overturn a trial
than they are a hearing.

If we get a conviction now,

we make his chances on appeal
much tougher.

I say we go.

I say we go.

‐Do I have a chance?
‐Yes.

No, our case is circumstantial,
but it’s very strong.

[John]
He can’t win.

I cannot lose this guy.

We won’t.

Okay.

‐Okay.
‐Okay.

You like
murder trials, Kimberly?

This is going to be a good one.

[♪♪♪]

[indistinct chatter]

Rome’s sheriff department
is a joke. It frustrates me.

If they knew how to collect
evidence, they’d have caught
the real killer.

Now, Mr. Wambaugh likes to try
these cases in the media

where he’s free
to make up the facts.

‐He says this
because I’m Jewish.
‐[laughter]

He comes in here today
with nothing

but public pressure
to get a conviction.

Yeah, well,
you’ll see what we’ve got.

I’m getting goosebumps.

[reporters clamoring]

I’d appreciate it
if you didn’t attack
my father in the press.

Kimberly, the media
has taken away

the presumption of innocence.

I have to use the spotlight
to get it back.

[reporters clamoring]

I’ll be standing
right outside the door.

‐You ready?
‐I think so.

Remember, they’ll probably
introduce the pictures early.

Look horrified to see them.

The jury has to see

that they shock you
like anybody else.

Now, it’s not imperative
that you look,

but I want you
in the room.

I want the jury
to be reminded of your tragedy.

Do we have to be here
for the whole trial?

[John] I’d prefer it.

Emotion cuts in our favor.

I’ve got your parents,
a sister, your grandmother

and an uncle you’ve never met.

My family is coming?

And for the purpose
of this trial,
you’re close knit.

The jury
cannot see it otherwise.

Well, how’d you
get ’em to show up?

You’re their only son.

Will they testify?

Not a chance.

If he puts up
any character witness,

then we’re free to impeach
with our witnesses

and I’ve got about 20.

I even have a teenage girl

that was threatened by him
at knife point two years ago.

‐What?
‐[John] But I can’t use it.

The law says that
we can’t talk about
previous bad acts

to convince the jury
he did this one.

Wait a second,
now this guy attacked

another girl
with a knife

and we can’t tell
the jury about it?

That’s right.
But if they try to argue

that he’s a good guy,
we can roll out

our impeaching witnesses,
this girl included.

See, Wambaugh knows that.

He won’t put
this guy’s parents up

or anybody to even
hint about his character.

Then what’s our case?

The state has the burden
to make the case.

I just have
to shoot holes in it,

and I will.

The worst thing
is those pictures.

[John] They’re some of the most
graphic images I’ve ever seen.

I apologize
for having to show them to you.

They’ll be difficult to look at,
but you must

look at them.

Now, the testimonial evidence
will show

that Susan Engrams
was stabbed 11 times.

But you cannot know
the violent savagery
unless you look.

[man coughs]

[audience and jury gasping]

[audience murmuring]

[woman and man gasp]

The prosecution will show,
beyond all reasonable doubt,

that the person responsible
for this repulsive carnage...

is Brian Latham,

the man sitting
right over there.

That concludes
my opening statement.

[Douglas clears throat]

I would ask first...

when you go home tonight,

let us all say a prayer

for Susan Engrams
and her family.

Nobody here can feel their pain.

This judicial proceeding

can never make them whole.

The prosecution
has laid a setting

of a horrible tragedy.

The savagery‐‐

the defense
does not dispute this,

but we do take issue
with their conclusion

as to who is responsible.

It wasn’t Brian Latham.

When the prosecution
searched for a witness...

they drew a blank.

They looked for a motive,

blank.

They searched for a weapon,

nothing.

They combed my client’s
person and property

for bloodstains
and forensic evidence...

any evidence at all

that would connect
Brian Latham to violence...

Nothing.

As to their efforts,
to find the person

who really was responsible
for this murder...

Mr. Littleton
has shown you the victim,

I’ve shown you

their case...

Time of death, cause of death,

absence of other hair
or fibers on the body,

in the car or at the scene.

‐Check.
‐And Carter, make sure
your voice works, okay?

We’re not going to get
a conviction if you sound
like a damn chipmunk again.

‐[makes wheezing sound]
‐Why are you so nervous?

Because Wambaugh
opened great, that’s why.

Then you go up,
you’re going to cover
all the prints, the tire tracks,

the footprints and corroborate
the store owner’s statement.

Then I put you up, Kenny,
you are critical.

‐[Carter] ♪ Mi, mi, mi ♪
‐[Kenny] I’m ready.

‐Carter!
‐[clears throat]

His pointing you
to where the body was
is the lynchpin.

Okay, his demeanor,
his look of contrition, guilt,

his sense of wanting redemption
for a crime he knew
he committed,

his feeling of remorse
for taking a human life‐‐

these are the things
you saw in that cell.

And these are the things
you must make that jury see.

‐We’ve been over it.
‐[John] Okay.

There’s one other thing
we’ve got to talk about.

Now, I don’t mean
to be critical,

but this is a reality
that we’re dealing with.

The sheriff department
is perceived to be terrible

and largely
that perception is accurate.

Your investigational habits
are shoddy.

There is a shocking lack
of professional credibility
in the personnel.

Kenny, your intelligence
doesn’t translate.

Juries tend to think of you
as simple.

Officer Stewart,
you are thought of

as intelligent and thorough,
but also erratic.

And Carter,
where do I begin with you?

‐[squeaky voice] Cheap shot.
‐What’s your point?

‐[clears throat]
‐[John] My point is, every case

I prosecute is hampered

by the credibility
of this branch.

Now, there are some pluses.

The people know and trust you.

And one of the reasons
I didn’t try to kick venue

was because in another town,
potential jurors might
not extend

the same personal trust
that comes from knowing you.

They’d only focus on
the professional incompetence.

We’re not incompetent.

Look, I don’t mean
to attack you,

but I have to make you aware
of this reality

so that
you’re prepared to beat it.

When you get up on that stand,
I want to see authority.

Carter, you are
a great medical examiner,
make that jury know that.

Kenny, you’re clear headed.

Be precise and decisive when
you’re in that witness chair.

A district attorney
can only play his hand

and you people
are my hand.

Now, I want that jury to know
that this son of a bitch

is guilty because you know it.

You three know it.

[small grunt, clears throat]

Hmm.

[crickets chirping]

[dog barking in distance]

So, if you think he did it,

then why are you helping him?

You have to understand, Zach,

even guilty defendants
are entitled

to a defense
and a fair trial.

Why?

Well, you see, um...

The State has to prove guilt

before they can
lock somebody up.

The defense attorneys
have to make sure

that the burden of proof
is met in every case.

It’s all about protecting
our system of justice.

So, when defense attorneys
represent guilty people,

they’re nevertheless
protecting the system.

And by doing that,
the innocent are served.

‐Do you understand?
‐No.

You will
when you’re old enough.

He killed somebody

and you’re helping him.

How old do I have to get?

Wambaugh is using you.

The jury knows

the sheriff’s daughter
is sitting at the defense table.

They probably know
you were friends Susan Engrams.

You’re being used.

The time of death
can’t be fixed positive

since the decomposition process

is affected by the body
being in water,

the temperature of which
was 54 degrees Fahrenheit.

But through forensics,
etymology,

rigor mortis
and post mortem changes,

I can fix death
between 1:00 and 4:00 a. m.

‐Now, I should like
to explain‐‐
‐Objection!

Too boring.

We’ll agree that she died
between 1:00 and 4:00 a. m.

So stipulated.

Were you able to determine
the cause of death, Dr. Pike?

[squeaky voice]
Yes, I was.

[crowd murmuring]

[clears throat]
Excuse me.

[normal voice]
It was death by stabbing.

The victim received
multiple wounds

from a seven‐inch
serrated blade.

The fatal blow,
being a stab wound

to the heart itself.

Now, I’d like
to show you a picture

‐...of the victim‐‐
‐We’ll stipulate

that the girl was killed
with a big knife.

Uh, I would like
to be able to offer my evidence

‐in a manner I’ve prepared‐‐
‐You just want to show
the pictures off

‐to shock the jury.
‐I agree.

Move on, Mr. Littleton.

What about the severing
of the finger, Dr. Pike?

Oh, yes.

This appeared to be
a pre mortem incision.

Judging on the cuts
on the dorsal side

of the arms
and the palms,

it appeared
the victim tried

to defend herself
inside the car.

It was during
the struggle that I think

the middle left finger
was in fact severed.

And is there anything else

that these wounds told you,
Dr. Pike?

Aside from the cause of death?

Yes.

This was
an extremely primal

and brutal killing.

This woman was butchered.

It was the most
gruesome autopsy ever

in my professional experience.

[John] Thank you, Dr. Pike.

Nothing further.

Dr. Pike,

do any
of your medical findings

connect this crime
to Brian Latham?

My medical findings?

‐No.
‐Thank you.

That’s the man all right,
he bought the beer

and he got right into her car.

‐What time was that, sir?
‐Uh, just after eleven.

And when I closed up at 12:30,

his truck was still parked
in my lot.

And are you sure it was this man
and the victim, Susan Engrams?

Positive.

You said to the police,

my client looked normal,
even friendly.

Yes, I did.

And after observing
my client’s behavior,

you had no reason to think

that Susan Engrams
was in danger, did you?

Well, no.

In fact,
you never called the police.

Nothing seemed wrong,
is that correct?

‐Yes, I guess that’s so.
‐Thank you, sir.

Nothing further.

You may step down.

The People call Elaine LaFevre.

‐[Douglas] Objection!
‐Sidebar.

We’ve been through this,
she’s excluded.

Just open the door on
character testimony, Your Honor.

‐What?
‐He got Mr. Emmanuel to testify

that the defendant
was normal and friendly,

He put character into issue.

He cross‐examined
on what Mr. Emmanuel saw.

‐The witness is excluded.
‐It also goes to pattern,
Your Honor.

‐This man attacked
this girl at knife point.
‐The witness is excluded.

Damn it, Your Honor.

I don’t think
you meant to do that.

I’m trying to put on
a case here.

Fine. Do it,

but you can’t put
witnesses up to establish

that the defendant
is a bad person.

Now, get back.

Does it bother you?

We’re trying to free
a man who committed murder.

He never told me he’s guilty.

You never asked him.

I know this may be
difficult to understand,

but it would have been wrong
for me to ask.

I did what a good
defense attorney
is supposed to do.

And that’s what’s hard
to understand.

That it’s proper procedure
for lawyers to navigate
around the truth.

The system of justice, Kimberly,

doesn’t always mean
that the players
should act justly.

Take the LaFevre girl.

When John Littleton
called her as a witness,

yeah, he knew Judge Bone
would deny it.

But by calling her, the jury
got to see that there was
somebody else

who had something to say
for the prosecution.

They get the impression
there’s more to tell

than they’re being told.

It’s cheating‐‐

not much,
just a little sleight of hand.

We all do it, ’cause we know
the other guys are gonna do it,

and we don’t want them
to have the edge.

Judge Bone was right.
It’s all about winning
and losing.

Well, the truth
is supposed to be

a product of
the adversary process,

so yes, that means both sides
try to win at all costs.

Even when it means we’re trying
to free a guilty killer.

I try not to ask myself

such tricky questions.

All hair and fibers
found in the car

belonged either to the victim,

the victim’s family members
who also drove the car,

or the defendant.

‐The defendant?
‐Yes.

Several strands of hair,
found on the victim,
or in her car,

matched the samples taken
from Brian Latham.

We also found
slight skin fragments,

under her fingernails,

that were
an identical genetic match

with the defendant.

Do you have
an established foundation

for this witness
to give DNA evidence?

In the spirit of cooperation,

we’ll stipulate
that the hair, skin
and clothing fibers

probably came from my client.

Well, this all happened
during a brief wrestling match,

where my client
unsuccessfully tried for sex.

‐Move to strike.
‐Sustained.

The jury will disregard
defense council’s
last statement.

Move on.

What other evidence
did you find, Deputy?

[Maxine] The only tire tracks
leading to the pond

were those
of the victim’s car,

meaning, whoever committed
the murder, probably drove

in the victim’s car
to the swamp,

dumped the body,
then drove the car back

to where it was discovered
the following morning
on Prospect Road.

And did you find
any footprints
at the pond site?

We did.
And they matched the shoes

being worn by the defendant
at the time we arrested him.

And were there
any other prints to suggest

that someone else
had been around?

No, they were not.

And were there
any hairs or fibers

found on the person
of the victim,

that did not come from
either the victim
or the defendant?

No, there were not.

Thank you, Deputy.
I have nothing further.

When you arrested my client,

you checked his person,
his truck,

and motel room
for physical evidence,
didn’t you?

Yes.

[Douglas]
Did you find any?

‐No.
‐Nothing?

Not even a spattering of blood?

‐Not anything?
‐No.

You never found a murder weapon?

[Maxine] No, we did not.

‐[Douglas] Eyewitnesses?
‐[Maxine] No.

What a thing.

Before Susan Engrams
left the house

on the night of question,
do you know what happened?

She was involved in
an argument with her parents.

An angry argument,
according to the statement

that they made to the police.

And you say
you found their hair

and fibers in her car?

Maybe they found her
and killed her!

‐[John] Objection.
‐Counsel.

It’s just a theory, I know.

Did you explore
this possibility,
Deputy Stewart?

‐No, we did not.
‐Why not?

There was no evidence
indicating

any involvement
by the parents.

You didn’t even consider

that it could be anybody else,
did you, Deputy?

All the evidence pointed to him.

All the evidence
you bothered to collect.

Under oath, Deputy Stewart,

there’s been
a lot of public pressure

for you to solve this crime,
hasn’t there?

Public hysteria
does not compromise
our investigations.

I again remind you
that you are under oath.

When you interrogated
Brian Latham,

did you say to him,

"You won’t get a fair trial."

"Somebody’s going to pay
for what happened to this girl."

"If you’re the only suspect
we offer up,

then it’ll be you, whether
you’re innocent or not."

Did you say that, Deputy?

That was in the context
of an interrogation.

He told you he was innocent,

and you responded,
"It doesn’t matter."

Somebody has to be blamed.

And then you said,
"We’re the cops."

"We can do anything we want."

[crowd murmuring]

We were doing a "good cop,
bad cop" thing.

You said it, didn’t you?

Yes, but
you don’t understand...

[Douglas] Thank you...

but I think I do.

I just, I can’t take this,
I just cannot take this anymore.

First, you violate
the constitution.

Now, the case
should have been kicked

on that screw up,
and now this?

I, I cannot take... [sighs]

You tell the defendant
that he will not get
a fair trial,

it doesn’t matter
if he’s innocent or not,

the jury’s
gonna convict him anyway?

‐It was a tactic.
‐A tactic?

It was a tac‐‐
Oh, it was a tactic.

We dispense
with the constitution
as a tactic?

We threaten unfair trials
as a tactic?

These are the tactics
of the Rome, Wisconsin
Sheriffs Department.

‐I have had it!
‐John‐‐

No! A killer’s gonna walk,
Sheriff, don’t defend them.

Take responsibility.

Their behavior
is a reflection on you

and right now, your whole
damn department’s a joke.

I’m a joke.

We are the team responsible
for letting a murderer walk.

Turn on
the newscast tomorrow night,

and just listen to what
all the commentators

are saying about all of us.

And if that doesn’t
sink in, try,

just try making eye contact
with Susan Engrams’ parents.

Their daughter
was chopped into pieces

and the man who’s responsible
is going to go free

because of our incompetence.

This isn’t over yet,
there’s still Kenny’s testimony.

[scoffs] Imagine
the confidence I get from that.

Nothing is helped by this.

Deputy Lacos, tomorrow,

tomorrow I put the whole
prosecution in your hands.

[indistinct chatter]

Unexpected surprises
are the best.

Not to me. Get out.

You’re a character.

I’m also the judge
in the case you’re trying.

Don’t you know what ex parte is?

Of course I do, it’s Latin.

But when I saw you eating,

I thought you might
want company.

‐Social.
‐Wrong again. Get out.

You know, Henry,

not to discuss facts,
because I know I cannot do that,

but what a cross I had today.

With Max on the stand,
any lawyer could only hope

to have one cross in a career.

I could actually
get this guy off.

You must be very proud.

Back when I started practice,

I would actually get aroused
by success in the courtroom.

Sexually stimulated.

Uh, not a lot, but a little.

I’m so happy
you’re sharing this.

This all happened
when I was in my 20s.

I’ve won a lot of cases
since then.

It’s become routine.

But today when I crossed Max...

And when she admitted
to those things

that she said
in the interrogation,

what a rush.

I felt a little tingle,
not much,

just a little.

I had a moment, Henry.

[clears throat]

You must admit that
the practice of law

can be
a very gratifying thing.

Boy, do I need a housekeeper.

‐The boys gone?
‐Yeah, they left early,
they wanted to walk.

[Jimmy] Shouldn’t you be going
to school?

[Kimberly] I’m in court,
the teachers know.

You shouldn’t miss a whole week.

What’s the problem, Daddy?

You don’t want me sitting
at Wambaugh’s table, I get it.

But don’t come at me sideways
with the school thing.

Don’t talk to me with that tone.

‐My tone is honest.
‐All right.

You want me out
of that courtroom

so the jury might think
that I abandoned the defense.

So, how about this, Daddy,
how about I go to court,

announce Brian Latham is guilty
and then I’ll go to school?

‐I told you to drop that tone.
‐I’m...

‐I think maybe...
‐What about your tone all week?

I never even look at you,
much less talk to you.

‐Jimmy...
‐I’m an adult now,
I don’t need...

Maybe you’re
a little sensitive

because you are ashamed
of what you are doing.

You should be ashamed of trying
to take advantage of me.

I am ashamed,
I’m ashamed of my daughter.

‐Jimmy!
‐You go to hell!

[door slams]

I knew he believed in God.

And I asked him
as a believer in God,

as a believer that every
Christian deserves
a proper burial,

I asked him to tell me
where that body lay.

And his response?

At first, he just looked down.

So, I asked him
to think about her parents.

I asked him
to make things right.

I asked him again,
make things right.

That’s when he told me.

‐[John] Told you where to look?
‐[Kenny] Exactly.

We then proceeded
to the destination
and retrieved the corpse.

And did Brian Latham
admit to killing Susan Engrams?

He didn’t say it in words,
but he made it clear.

He put that girl in the swamp.

[John]
Thank you, Deputy.

I have nothing further.

Are you a mind reader, Kenny?

[Kenny]
No, sir, I’m not.

Yet you say that my client

made something clear
without words.

What’d you do, play charades?

All I can say, Counsel,

‐is that communication
isn’t limited to words.
‐Perhaps...

May I finish
my response, please?

‐No.
‐[Henry] Yes.

Go ahead.

He was careful
not to say it exactly,

but I was in that room‐‐

eye to eye,
we looked at each other,

Catholic to Catholic,

we knew we had
to face the truth,

and he told me
where the body was.

He was admitting to me
that he killed her.

Did he say it with words? No.

Did he say it? Yes, he did.

So, we have to assume

the body language skills
of Kenny Lacos.

I was the only person
in the room with him.

You can’t contradict me,
because you weren’t there.

And I’m telling you,
and everybody in this room,

that man killed Susan Engrams.

‐[Douglas] Objection.
‐[Henry] Sustained.

That remark is stricken.

Any more questions,
Mr. Wambaugh?

No, Your Honor,
nothing further.

The witness may step down.

We just got hurt,
Kenny was good.

So, what happens now?

I think we’ve got to testify.

Now, you listen to me
very carefully, Mr. Latham.

Your life depends on it.

Follow this‐‐
if you don’t testify,
we will lose.

Now, that’s simple,
here’s where it’s complicated.

As your lawyer,
I have an obligation

to say that
you must tell the truth.

If I know
you’re going to lie,

I have a duty to either
not put you up there,

or to let you testify
to the narrative only.

In which case
the jury will figure things out.

The best thing
would be, of course,

is for me to believe that
you didn’t kill Susan Engrams.

Then I would have
no ethical problem
putting you on the stand.

‐Are you with me?
‐I think so.

So, I am now going to ask you
for the first time,

did you kill Susan Engrams?

No, I did not.

Excellent. Now, here
are the problem areas

you must explore. Kimberly?

Fragments of your skin
found under her fingernails.

You said
you briefly wrestled with her,

a little sexual foreplay.

Uh, perhaps it got rough
and she scratched you.

I don’t know,
it’s for you to think about.

Kimberly?

Your footprints at the scene,
your knowing where the body was.

[Douglas]
That’s their whole case.

If you can satisfy
these questions,
we still have a chance.

Remember, you have
an obligation

to tell the truth at all times,
of course.

Of course.

Very important.

If Mr. Littleton
traps you on cross,

if he catches you
in any misstatement,

it’s probably because
this whole thing

is so upsetting
that you get confused.

Heh. Imagine being accused
of such a horrible crime.

Whose mind wouldn’t be affected?

‐I got you.
‐Good.

So tell me, what happened
after the two of you
left the store?

At first, we just drove around
drinking the beer.

We actually drove down
to the pond for a little bit.

I got out and looked around.

[Douglas]
You went to the pond?

Just for a few minutes,
she said it was
her favorite place.

The we went driving around
some more

and pulled over
on a dirt road.

And what happened there?

Well, we finished the beer

and we started to kiss
a little bit.

‐Then, things kind of heated up.
‐How?

[Brian] Well, the kissing
got a little bit
more passionate.

And I, uh...

You know, touched
her breasts and buttocks.

And this was all consensual?

[Brian] Completely.

And then I kind of tried
to take her pants off

and we wrestled a little.

She kind of scratched me.

‐She scratched you?
‐[Brian] Yes.

She said she didn’t want to go
any further so we stopped.

[Douglas] And then what?

Then she drove me
back down to the store,

probably around two.

I got out, got in my truck
and drove home.

That was the last I saw her.

[Douglas] Well, Brian,

how did you know
where the body was?

I didn’t know.

Deputy Lacos kept pressing me
for places to look.

She had said that the pond
was one of her favorite places.

And, uh, I kind of directed him
to look there.

I didn’t know.

I was‐‐
I was just trying to help.

You were just trying to help?

Tell me something, Mr. Latham,

why didn’t you tell the police
you’d been to the pond?

As they brought me in,
my lawyer instructed me
to tell them nothing.

But you went on to say a lot.

Well, once they said
I was a suspect,

I certainly told them
all that I thought was relevant.

That I’d been kissing her,
and that we were together.

I didn’t think that the pond
was really relevant
at that point.

But at some point,
you changed your mind
about that?

Well, when she didn’t turn up

I remembered her telling me

that the pond was
her favorite place.

So, I thought maybe
she went back there

and maybe something
happened to her there,
but I didn’t do it.

Yeah, you keep saying that.

Is there anybody
who can verify the time

that you got back
to your motel that night?

I don’t know, it’s your job

to collect evidence,
not mine, sir.

Thank you.

And isn’t it funny
how all the evidence

we did collect points
right at you?

And isn’t it strange
that you knew exactly where
that body could be found?

But you say you didn’t do it,
so I guess

it’s our evidence
versus your credibility.

Have you ever been convicted
of a crime?

[John] I asked you
a question, sir.

‐Breaking and entering.
‐How many times?

Twice.

You’re a convicted felon.

‐[crowd murmuring]
‐So, can we both agree

that when this jury
goes back to deliberate,

that it should turn
on your credibility?

‐[Douglas] Objection.
‐[Henry] Sustained.

One last thing.

You said when it became clear

that the girl couldn’t be found

you directed Kenny to the pond.

But when the police
first brought you in,
they made it clear

that Susan Engrams was missing.

Why didn’t you tell them
about the pond then?

I, uh, I forgot.

You forgot?

I was being accused
of a horrible crime.

I was upset.

[Brian]
Can you imagine being told

you’re a murder suspect?

I was in shock.

Yeah, I bet you were.

I’m done with this witness.

[Henry] The witness
may step down.

[crowd murmuring]

There must be something
in the water in Rome, Wisconsin

because things just seem
to keep happening there.

And they happen fast.

Today, the Brain Latham
murder trial

is expected to go to the jury,

just two weeks
after the defendant

allegedly killed Susan Engrams.

You’ll remember
this is the same town

where the mayor was convicted
of murder last year,

only to be succeeded
by another mayor

who was murdered‐‐
by his own son.

‐Maybe we should move.
‐Just eat your cereal, Zach.

I’m off to court,
anybody got a problem with that?

No.

Not at all.

Good.

We all want to believe

he’s the guy.

We’re desperate to believe it

because then
we could fix things.

We’d find him guilty,
get him off the street,

go back to feeling safe

and sitting
on our front porches.

The facts, they’re pretty good.

He was last seen with her,
his footprints were at the pond

and he knew where the body was.

Now you could take
the circumstantial evidence,

combine it with your fear
and desperation

and fudge a conviction.

The town will probably
be grateful to you.

But I bet that
there are a few of you

who are afraid of condemning
an innocent man.

Maybe some of you take seriously
the obligation

to find guilt beyond
a reasonable doubt.

Then, you’ve got trouble.

He drove to the pond with her,

then to a road side
where they kissed a little

and wrestled some.

That explains
all the physical evidence‐‐

the hairs, the fibers,
the footprints.

His knowledge that she liked
the pond, that explains it all.

No weapon.

No witnesses.

No blood on my client
or his possessions.

Nothing even microscopic.

How is that possible?

There would have to be
a small spattering

of blood somewhere.

Simple answer‐‐

he didn’t do it.

Brian Latham is innocent.

And even if you hate
the thought of it,

you at least have to admit
the possibility.

It’s at least possible

somebody came after Brain left

and killed Susan Engrams.

Deputy Stewart testified

that they didn’t even look
for anybody else.

They didn’t even investigate it.

They were confident
that you would convict

whoever they would
throw up for sacrifice.

So, what do you do?

I could ask you to go back
to that room

and do right
by Brain Latham.

I could ask you to do right
by the system.

Instead, I’ll only ask you
to do right by yourselves.

You all know
there’s reasonable doubt.

You can’t not know it.

So all I ask is that
when you come back out
of that jury room,

come out
with your integrity intact.

Come out with a verdict

of not guilty.

He’s right, not guilty.

‐[boy] Come on!
‐[all arguing]

[Henry] Mr. Littleton.

[sighs] You’d better be good.

Well, for once,

I agree with him.

This thing comes down
to your integrity.

The last thing I do is ask you
to safeguard the system.

The system today is perverted.

Attorneys jockey
for positioning.

We manipulate the press
for jury bias.

We hire publicists to remake
criminals into victims.

The truth?

The truth is only relevant
if it supports our case.

But this process still has
one redeeming exception

that continues to make it
the best in the world.

It’s called the jury.

It’s made up of people
who, for the most part,

still cling to the ideal
that it must be about truth.

It may be diminishing,

but many Americans are still
raised with a public conscience,

an engrained sense of morality.

And if we get enough
of people in this box,

the system still works.

I don’t know what we’ve got
in this box today.

I do know you can go back
to that room,

dissect all the semantics,

play with the pieces
of evidence,

consider all
the magical possibilities.

You could stay back
in that room for a week.

’Cause anything is possible.

Anything can be doubted.

But reasonable doubt...

Drifter with a criminal record.

Last seen with her.

Knows exactly
where the body was.

His skin is under
her fingernails.

Come on!

He killed that girl.

He lied up on that chair.
Everyone of us knows that.

Now is it possible,
the things that he said?

Of course.

Is it conceivable

that he forgot to mention
the pond to the police,

but then remembered on the stand
with the help from his lawyer?

Anything is conceivable,

but that’s not what happened.

You look each other in the eye
when you go back to that room.

You know what happened.

That man brutally stabbed
this girl to her death.

Their daughter, Susan Engrams.

She’s gone.

She’s gone forever.

Do you people have
a conscience?

A barometer of good and evil?

Show me.

Show this community.

Show these parents,

show them

that the truth, in fact,

does count more
than the contest.

Like he said,
"Come out of that room

with your integrity intact."

[woman] I just need to make
a quick phone call.

[indistinct chatter]

When I said I was ashamed
of you...

I didn’t mean it.

I know.

I think that law can be
a very noble profession...

especially
if you’re part of it.

You are an extraordinary
young woman, Kimberly.

I’m just afraid that

you’ll set your standards
by Wambaugh.

That would be a shame.

[bailiff]
The court will come to order.

[Henry] Will the defendant
please rise?

Madam Foreman,
has the jury reached a verdict?

We have, Your Honor.

What say you?

In the matter of
"People versus Brian Latham",

on the charge of murder
in the first degree,

we find the defendant
guilty as charged.

‐[people gasping]
‐[man] He got it.

[crowd murmuring]

Yes, damn it! Yes!

[cheering and booing]

[gavel bangs]

Members of the jury,
thank you for your time.

Your service is concluded.
This matter is adjourned.

Bailiff, take
the defendant into custody.

[gavel bangs]

[female reporter]
Mr. Wambaugh, one question.

Mr. Latham,
do you have a statement?

We’ll appeal.
I’ve already written the brief.

Van’s waiting out back.
Let’s get him down.

‐Deputy, one second.
‐Come on.

One second, please.

‐Alone.
‐Hold on.

‐Make it quick.
‐It’s all over.

Done.

I’ve got no motive
to say anything to you.

Say it fast.

Truth time.

Catholic to Catholic.

Me to you.

I didn’t do it.

I’m going to jail forever.

I know it. I’m convicted.

But I’m innocent.

[Maxine]
We gotta go. Come on.

[theme music playing]