Original subtitles

[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]