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WWW.MY-SUBS.COM
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- It's always a surprise, huh?
- Holy cow!
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Yeah, "surprise" is an understatement.
Oh, my God!
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It was when I got the phone call.
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Oh, yeah, jeepers creepers.
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It was like one of those,
"What, what, what?"
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- Yeah, it was 2:30 or 2:00 in the morning.
- Oh, my God.
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"Gee, Tom, you need to come."
"God damn, I'm sleeping. Why?"
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"Well, we found the blow poke."
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"Okay, I'm coming."
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You push that with...
See, there's a bit of fresh metal, right?
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- That's because of the knife.
- That's because of the knife.
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Right. So, the rest of that,
then, looks fairly oxidized.
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To me... Even, like,
see inside the threads there?
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- Right.
- Thing's dirty.
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- It's got grime on it.
- Right.
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I mean, if you take a Q-tip,
particularly down in this end here,
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it'll come off dirty, very dirty.
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- So, it hasn't been cleaned.
- Right.
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There's plenty of dust and debris on it.
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And there's no...
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There's nothing here that's jumping out
and saying it looks like blood
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and there's no atypical
positive reaction of blood.
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So, you know, there's a safe feeling
that there's nothing here.
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Okay. We'll use it,
and if we get fucked, we'll just sue you.
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Yeah, right. Right.
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All right, bud, come help me
put this back together, brother.
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Hey, Mike.
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Yeah, I'm not worried about it.
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Nah, don't worry about it.
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I understand. All right.
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No blood on the blow poke.
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Whatever. I mean, whatever he used,
there's no blood.
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Yeah. Okay?
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All right. Bye.
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It's one of those moments
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that could be a turning-point moment,
you know,
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where the jurors sort of...
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look at Hardin and say,
"Now what are you gonna do?
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You know, you've been talking about
this missing blow poke...
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since May 5th.
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And here it is.
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And it's not bent, and it's not covered
with blood, and it wasn't gotten rid of,
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and it's not mysteriously missing.
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So, what...
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What are you gonna say now?"
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It's one of those moments
that trial lawyers enjoy.
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Ah, geez.
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00:04:09,120 --> 00:04:10,960
Trial lawyers and filmmakers.
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Don't be overconfident.
Do not be overconfident.
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Hi, Julia.
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How are you?
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Good. How are you?
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I'm good, thank you.
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Oh, thanks.
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I'm telling you.
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Cram in this elevator with you.
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That's fine.
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You're welcome to. Excuse me.
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Any further evidence from the defendant?
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Yes, sir. At this time,
the defense would call
61
00:05:06,080 --> 00:05:07,840
Detective Art Holland to the stand.
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Solemnly swear the testimony
you're about to give the court and jury
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in the case now being heard
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to be the truth and nothing but the truth,
so help you God?
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- Yes, I do.
- Please be seated.
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00:05:26,880 --> 00:05:29,520
Detective Holland,
good morning, first of all.
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00:05:29,600 --> 00:05:30,920
- Good morning.
- Um...
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00:05:31,880 --> 00:05:35,440
After you showed us
this item in May
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00:05:36,120 --> 00:05:39,120
that the district attorney was contending
was similar to the...
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to the murder weapon,
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00:05:41,840 --> 00:05:44,600
did you ever ask either myself
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00:05:45,680 --> 00:05:48,080
or Mr. Maher, or Mr. Guerette,
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whether, after having looked at it
and seen it finally in May,
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whether we ever had located...
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the blow poke?
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No, I didn't.
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Did you just assume...
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that it was gone?
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Gone or put up somewhere.
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Let me show you what's been
marked defense exhibit 280.
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- See that?
- Yes, sir.
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Now, this 280,
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that's a blow poke, isn't it?
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00:06:41,640 --> 00:06:43,080
Is that what it appears to be?
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00:06:43,600 --> 00:06:45,240
It appears to be a blow poke.
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And the metal tip at the end
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that's on this one...
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isn't on that one, right?
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00:06:58,120 --> 00:06:59,040
That's correct.
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00:06:59,480 --> 00:07:00,520
But other than that,
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00:07:01,320 --> 00:07:03,280
if we look at the handle, for example...
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it's pretty much the same thing,
isn't it?
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00:07:13,760 --> 00:07:15,720
See this end here you blow into?
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00:07:16,840 --> 00:07:18,000
It appears to be.
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You see a bunch of spider-web
looking things... on it?
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00:07:24,080 --> 00:07:26,320
You see in the handle area there?
See that?
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00:07:26,800 --> 00:07:28,560
It's hard to tell
from the plastic.
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00:07:28,640 --> 00:07:32,920
All right. Can you see
the dead bugs in... in the little...
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00:07:34,600 --> 00:07:36,600
- plastic thing there?
- Appears to be.
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00:07:37,080 --> 00:07:39,760
This doesn't appear to you
to be mangled, does it?
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00:07:41,200 --> 00:07:42,840
It doesn't appear to have any dents.
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00:07:44,080 --> 00:07:47,880
Does this appear to you,
280, to be the blow poke
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00:07:47,960 --> 00:07:52,320
that Mr. Hardin has been talking about
being mysteriously missing
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since this trial began?
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00:07:54,200 --> 00:07:56,680
- Objection, characterization.
- Sustained.
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00:07:57,520 --> 00:08:00,040
Does this appear to you
to be the blow poke
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00:08:00,640 --> 00:08:03,400
that Mr. Hardin stated
in his opening statement
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00:08:04,560 --> 00:08:06,680
was mysteriously missing?
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00:08:21,480 --> 00:08:23,520
Now, their problem is,
if they send it out,
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they don't like the results,
they're still stuck with them.
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00:09:27,440 --> 00:09:29,760
These prosecutors have talked about
the missing blow poke
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and how it could have been
the murder weapon.
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00:09:32,240 --> 00:09:35,320
Uh, could have been the murder weapon.
Today, the defense
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pulled out a blow poke and told jurors
it wasn't missing at all.
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00:09:38,040 --> 00:09:41,240
They claim police just never saw it
in the garage.
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Yeah...
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We asked Jim Hardin if he was surprised
by today's developments.
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He said he wasn't, that he was expecting
something like this to happen.
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He was expecting something like...
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00:09:53,960 --> 00:09:55,920
He was expecting
something like this to happen.
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00:09:57,040 --> 00:10:00,240
In general, I got a chance to look
at the blow poke during lunch,
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00:10:00,320 --> 00:10:02,160
and it's definitely not the same
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00:10:02,240 --> 00:10:04,720
as the one that my Aunt Candace
has brought in to court.
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00:10:04,840 --> 00:10:07,520
So, you know, there leaves
a lot of speculation there
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as far as things go.
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00:10:10,560 --> 00:10:15,800
It has very... very distinct differences
between the two.
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00:10:16,400 --> 00:10:21,000
But, more importantly, the thing is that
regardless if you produce an autop...
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00:10:21,080 --> 00:10:23,000
you produce a blow poke
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00:10:23,920 --> 00:10:25,960
the day that you rest your case.
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00:10:26,040 --> 00:10:29,840
And, you know, I feel like it's just to
really create a commotion and things.
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00:10:29,920 --> 00:10:34,080
And the fact is you can show that,
you can claim whatever you want about it,
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it's not gonna change
the autopsy report.
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00:10:36,080 --> 00:10:38,800
So it really doesn't put a hole
in the prosecution's case
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00:10:38,880 --> 00:10:42,160
the way that David Rudolf's attitude
thought that it would today.
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00:10:42,720 --> 00:10:45,200
It doesn't change the fact
that my mother's autopsy report
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says that she was beaten to death.
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00:10:46,680 --> 00:10:50,600
And if it was with the blow poke,
if this was the blow poke, I don't know.
138
00:10:50,840 --> 00:10:54,600
But it was with something, and that's how
she ended up at the bottom of the stairs.
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00:10:54,680 --> 00:10:58,120
Nothing's gonna change that,
and, you know, that's finalized.
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00:11:01,520 --> 00:11:03,840
- That was easy, wasn't it?
- Okay, sure.
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00:11:03,920 --> 00:11:06,120
Done and done.
Can I go home now?
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00:11:09,400 --> 00:11:11,400
The defendant brought into court
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00:11:11,480 --> 00:11:14,320
what they've described
as a found blow poke.
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00:11:14,720 --> 00:11:16,520
With that, Candace Zamperini
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00:11:17,240 --> 00:11:20,120
undertook to see
whether she could locate
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00:11:20,200 --> 00:11:22,360
the other blow pokes that she had given
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00:11:22,720 --> 00:11:25,080
to friend and family members.
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00:11:25,320 --> 00:11:27,640
She's been able to locate
two of those.
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00:11:28,080 --> 00:11:29,760
And they were sent to my office.
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00:11:29,960 --> 00:11:33,760
And I wanted to inform the court of that
to make sure that you are aware of it.
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00:11:34,080 --> 00:11:37,480
So, we do not intend to offer that
into evidence at this point.
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00:11:38,720 --> 00:11:41,200
So, I'm letting you know
that they're available
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00:11:41,280 --> 00:11:44,560
and that they can look at those
and inspect them in my office.
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00:11:44,920 --> 00:11:47,200
And I appreciate that.
I didn't get the fax yesterday
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'cause I just didn't see it
on the machine,
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but we'll take a look at it
over the break today. Thank you.
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00:11:54,080 --> 00:11:55,760
Are, otherwise,
council ready to proceed?
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00:11:55,840 --> 00:11:57,640
- Yes, sir.
- All right, Mr. Deputy?
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00:12:03,560 --> 00:12:05,360
Now, this one came from Holland.
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00:12:06,320 --> 00:12:07,160
Come on.
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00:12:07,840 --> 00:12:09,200
- Hmm!
- Okay.
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Not a bad way
to end the case, huh?
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00:12:12,320 --> 00:12:14,600
Make sure he says that
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- it's the same rounded edge.
- Yes. Oh rounded edge.
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00:12:17,080 --> 00:12:18,720
Yeah, there's a little bevel there.
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00:12:20,080 --> 00:12:21,120
No screws.
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00:12:22,680 --> 00:12:24,520
Appears to be a little thread in there.
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00:12:25,400 --> 00:12:28,480
Don't, don't. We got...
one is enough, Ron. Leave it.
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00:12:29,040 --> 00:12:29,880
Don't break it.
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00:12:30,760 --> 00:12:33,120
God, they're both dirty.
These been in the basement, too?
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00:12:33,200 --> 00:12:34,480
Yep. Same color.
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00:12:34,960 --> 00:12:36,920
- Look down here.
- I mean, that's...
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The blow pokes match.
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How big is that?
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00:12:43,560 --> 00:12:45,920
Candace just can't keep
her fucking mouth shut.
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Thank your stars.
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00:12:49,520 --> 00:12:51,840
I don't think I'd be here
if she had kept her mouth shut.
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00:12:54,800 --> 00:12:57,960
Defendant's 301 and 302
are the other two blow pokes
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00:12:58,040 --> 00:12:59,680
that Miss Zamperini had sent
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00:13:00,120 --> 00:13:03,280
to the district attorney's office
that we just got over lunch, correct?
181
00:13:03,640 --> 00:13:04,760
That's correct.
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00:13:05,000 --> 00:13:07,480
And have you had a chance, sir, to compare
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00:13:08,240 --> 00:13:10,200
defendant's exhibits 301 and 302
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00:13:10,280 --> 00:13:14,240
with defendant's exhibit 280-A, the one
that was found in Mr. Peterson's home?
185
00:13:14,840 --> 00:13:18,760
I've only observed one of the two
that was sent, not both of them.
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00:13:18,840 --> 00:13:22,880
All right, well, why don't you take a look
at the two of them here, if you could?
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00:13:24,280 --> 00:13:26,880
- This is 280, the one that was...
- Yes, sir.
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00:13:27,040 --> 00:13:29,880
...found in Mr. Peterson's home,
and this is 301,
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00:13:29,960 --> 00:13:31,320
one of the ones that was sent.
190
00:13:31,680 --> 00:13:32,520
Yes, sir.
191
00:13:32,600 --> 00:13:35,320
Could you compare those two
for the jury?
192
00:13:36,400 --> 00:13:37,480
Are they the same height?
193
00:13:40,240 --> 00:13:42,360
The defendant's exhibit's
a little taller.
194
00:13:43,160 --> 00:13:44,560
The length's a little longer.
195
00:13:50,080 --> 00:13:52,520
- Has a bevel there?
- Yes, sir.
196
00:13:53,440 --> 00:13:54,520
Threads inside?
197
00:13:55,400 --> 00:13:56,240
Yes, sir.
198
00:13:58,640 --> 00:14:04,760
So, can we agree that
the missing blow poke has been found?
199
00:14:04,880 --> 00:14:06,680
- Objection.
- Sustained.
200
00:14:08,640 --> 00:14:12,200
We move 301 and 302 into evidence,
Your Honor.
201
00:14:12,280 --> 00:14:13,120
It's allowed.
202
00:14:16,880 --> 00:14:19,160
Dead inchworm,
got that photograph.
203
00:14:20,360 --> 00:14:24,200
Oh, here's a little dust.
It looks like a spider leg here.
204
00:14:25,280 --> 00:14:28,360
This was supposed to be something
to make you think that blow poke
205
00:14:28,440 --> 00:14:30,600
had been there
since December 2001, I guess.
206
00:14:31,000 --> 00:14:33,240
Here's a cobweb. That's significant.
207
00:14:34,480 --> 00:14:37,040
Here's a little bit of goo or something.
208
00:14:39,160 --> 00:14:41,960
Well, ladies and gentlemen,
we don't really know what this is.
209
00:14:42,200 --> 00:14:44,760
You've been given no information
about who found it,
210
00:14:45,280 --> 00:14:47,960
when it was found, why it was there.
211
00:14:49,920 --> 00:14:54,120
So, I argue to you that defense exhibit
280-A is just a piece of nothing.
212
00:14:54,200 --> 00:14:55,880
Nothing.
213
00:14:56,920 --> 00:14:59,680
We have never told you
that we are absolutely certain
214
00:15:00,280 --> 00:15:02,960
that it was the blow poke
that killed Mrs. Peterson.
215
00:15:03,160 --> 00:15:07,040
We do believe if it wasn't the blow poke
that Candace had given them
216
00:15:07,120 --> 00:15:08,720
that it was something similar to that,
217
00:15:08,800 --> 00:15:11,360
and you've heard from expert testimony
why we believe that.
218
00:15:11,760 --> 00:15:15,040
But they talk about us doing something
last-minute when they dared to pull
219
00:15:15,120 --> 00:15:18,360
that piece of evidence out in front of you
two days before they rested.
220
00:15:18,440 --> 00:15:20,120
Does that make common sense to you?
221
00:15:20,840 --> 00:15:24,280
You need to keep in mind we're not
dealing with the average individual here.
222
00:15:24,560 --> 00:15:26,720
We're dealing with a fictional writer.
223
00:15:28,680 --> 00:15:30,960
Some people even say
he's even a good fictional writer.
224
00:15:31,120 --> 00:15:35,240
He is a person who knows how to create
a fictional plot.
225
00:15:36,400 --> 00:15:37,560
And then there's Brad.
226
00:15:40,680 --> 00:15:43,320
Do you really believe
227
00:15:44,040 --> 00:15:46,400
that Kathleen knew...
228
00:15:48,200 --> 00:15:51,080
that Mr. Peterson was bisexual?
229
00:15:53,480 --> 00:15:55,680
Does that make common sense to you
230
00:15:55,760 --> 00:15:58,880
that it was okay with her to go to work
while he stayed at home
231
00:15:58,960 --> 00:16:01,840
and communicated by email
and telephone
232
00:16:01,960 --> 00:16:04,440
with people he was planning
on having sex with?
233
00:16:05,240 --> 00:16:07,600
And this isn't
just a computer relationship.
234
00:16:07,920 --> 00:16:10,040
I asked Brad what they were gonna do.
He told you.
235
00:16:10,120 --> 00:16:13,560
I don't mean to offend anybody, but he did
say they were gonna have anal sex.
236
00:16:14,840 --> 00:16:18,280
The only reason that meeting
didn't take place was because of Brad.
237
00:16:19,160 --> 00:16:23,240
It wasn't because of Mr. Peterson.
He was fired up and ready to go.
238
00:16:24,440 --> 00:16:28,360
And you honestly believe
that Kathleen Peterson knew about that?
239
00:16:28,880 --> 00:16:30,200
Would have approved of that?
240
00:16:30,680 --> 00:16:32,040
And it wasn't just Brad.
241
00:16:32,760 --> 00:16:35,040
You saw the rest of the things
on his computer.
242
00:16:35,480 --> 00:16:40,480
Once again, these things are so filthy,
we can't even show them on TV.
243
00:16:41,360 --> 00:16:43,280
Filth. Pure-T filth.
244
00:16:43,640 --> 00:16:46,880
This isn't people
involved in a relationship.
245
00:16:47,480 --> 00:16:49,000
This is just any which a-way.
246
00:16:49,480 --> 00:16:52,640
This is called hard-core porn.
247
00:16:54,760 --> 00:16:56,920
Do you think she approved
of this type of activity
248
00:16:57,000 --> 00:16:58,680
while she's off at work or sleeping?
249
00:16:59,520 --> 00:17:01,240
I argue to you,
that doesn't make sense.
250
00:17:02,000 --> 00:17:05,160
And that's not the way that soul mates
conduct themselves.
251
00:17:05,880 --> 00:17:07,720
That is not.
252
00:17:12,640 --> 00:17:14,000
Ladies and gentlemen,
253
00:17:14,560 --> 00:17:19,200
this photograph is the first photograph
taken of Kathleen Peterson
254
00:17:21,000 --> 00:17:22,840
at the autopsy table.
255
00:17:23,640 --> 00:17:28,000
It shows the very graphic,
brutal nature of this killing.
256
00:17:29,360 --> 00:17:30,440
Ladies and gentlemen,
257
00:17:31,120 --> 00:17:34,160
if a picture is truly worth
a thousand words,
258
00:17:34,920 --> 00:17:36,760
then this photograph
259
00:17:38,160 --> 00:17:40,240
at least speaks a thousand words.
260
00:17:40,480 --> 00:17:42,480
This photograph speaks a thousand words.
261
00:17:43,880 --> 00:17:47,600
Look at all of these photographs
that show that this woman was beaten.
262
00:17:49,920 --> 00:17:51,080
I was thinking,
263
00:17:52,760 --> 00:17:54,840
"If a picture is worth a thousand words
264
00:17:56,040 --> 00:17:58,120
and if we only knew
265
00:18:00,000 --> 00:18:02,640
what Kathleen Peterson knew
at the time of her death."
266
00:18:03,640 --> 00:18:07,480
And I started looking around the scene
and in the stairwell and thinking,
267
00:18:09,440 --> 00:18:11,080
“What if those walls could talk?
268
00:18:12,800 --> 00:18:13,800
What would they say?"
269
00:18:15,360 --> 00:18:17,880
Ladies and gentlemen,
these walls are talking.
270
00:18:18,360 --> 00:18:21,920
Kathleen Peterson is talking to us
271
00:18:22,640 --> 00:18:25,360
through the blood on these walls.
272
00:18:25,440 --> 00:18:27,800
She is screaming at us
273
00:18:28,680 --> 00:18:31,600
for truth and for justice.
274
00:18:33,040 --> 00:18:35,000
It's all in these photographs.
275
00:18:36,920 --> 00:18:37,840
Ladies and gentlemen,
276
00:18:38,800 --> 00:18:42,480
they've said Kathleen Peterson
died of an accident.
277
00:18:43,400 --> 00:18:46,400
We've said that she has died of murder.
278
00:18:46,960 --> 00:18:49,160
And we ask that you return that verdict.
279
00:18:50,440 --> 00:18:51,280
Thank you.
280
00:18:54,160 --> 00:18:55,520
Let me tell you what my gut is.
281
00:18:55,600 --> 00:18:59,080
My gut is that what we want to do
282
00:18:59,960 --> 00:19:03,040
is structure it around
283
00:19:03,160 --> 00:19:05,240
the whole reasonable doubt concept.
284
00:19:05,720 --> 00:19:06,560
Okay.
285
00:19:06,960 --> 00:19:09,280
Go through the stuff
that we do have evidence for.
286
00:19:09,600 --> 00:19:11,120
- Mm-hmm.
- Uh...
287
00:19:11,880 --> 00:19:14,160
That she fell, they've seen the stairs.
288
00:19:14,360 --> 00:19:16,640
- They know how easy it is to fall there.
- Mm-hmm.
289
00:19:17,600 --> 00:19:20,040
You know, that she...
that the blood on her feet, you know...
290
00:19:20,120 --> 00:19:23,840
We could do the scenario of her being down
on the ground for some period of time.
291
00:19:24,400 --> 00:19:27,880
We can do all that and then to say,
"But it's not our burden."
292
00:19:27,960 --> 00:19:31,040
- Right.
- And what this case really is about
293
00:19:31,120 --> 00:19:33,680
is whether they've proven their case
beyond a reasonable doubt.
294
00:19:33,760 --> 00:19:36,000
And then I think we want to hit
295
00:19:36,080 --> 00:19:38,960
the ten biggest reasonable doubts.
296
00:19:40,600 --> 00:19:41,440
And...
297
00:19:43,000 --> 00:19:43,840
then I think...
298
00:19:43,920 --> 00:19:46,400
- And I want to discuss each...
- Mm-hmm.
299
00:19:47,320 --> 00:19:50,200
...and spend some time on each,
but then I think I want to say,
300
00:19:50,280 --> 00:19:51,840
"Now, that's ten.
301
00:19:53,000 --> 00:19:56,080
- I could do another 20.
- Mm-hmm.
302
00:19:56,200 --> 00:19:58,920
- I could spend another four hours...
- Mm-hmm.
303
00:19:59,000 --> 00:20:00,280
...going through another 20."
304
00:20:00,360 --> 00:20:01,400
And just list them.
305
00:20:01,480 --> 00:20:04,480
Ten is nice if they are
not equally strong,
306
00:20:04,560 --> 00:20:07,320
but strong enough that none of them
get to the point of being...
307
00:20:07,640 --> 00:20:09,480
- I think we...
- We probably can,
308
00:20:09,560 --> 00:20:13,280
but I think it's important
that they all be of substantial weight.
309
00:20:13,360 --> 00:20:15,080
Otherwise, you're better
with seven or eight.
310
00:20:15,160 --> 00:20:16,480
No, I agree.
311
00:20:17,640 --> 00:20:20,320
The blow poke's not missing.
I mean, the blow poke,
312
00:20:20,480 --> 00:20:24,200
it's sort of like what Clinton said,
you know, "It's the economy, stupid."
313
00:20:24,520 --> 00:20:25,880
It's the blow poke, stupid.
314
00:20:26,680 --> 00:20:28,320
I mean, it's here.
315
00:20:28,400 --> 00:20:33,200
They... They tied, they hitched their...
their star to this wagon
316
00:20:33,640 --> 00:20:35,360
from the very beginning.
317
00:20:36,400 --> 00:20:39,760
I guess, you know, reasonable doubt
number one is the blow poke is here.
318
00:20:39,840 --> 00:20:41,760
- And it's not the murder weapon.
- Okay.
319
00:20:43,040 --> 00:20:44,200
There's no cast-off.
320
00:20:48,200 --> 00:20:49,040
Okay.
321
00:20:50,800 --> 00:20:52,800
There's no brain injuries.
322
00:20:54,000 --> 00:20:55,840
I think it's important for me to...
323
00:20:57,440 --> 00:20:59,000
make the jury understand
324
00:20:59,080 --> 00:21:02,680
that this is not about whether
we've proven Michael is innocent.
325
00:21:03,400 --> 00:21:05,880
It's not even about
whether Michael is innocent.
326
00:21:06,920 --> 00:21:09,760
You know, in Scotland,
327
00:21:10,440 --> 00:21:14,600
they have a verdict
that's either guilty or not proven.
328
00:21:16,040 --> 00:21:18,840
And here we say "guilty" or "not guilty."
329
00:21:19,160 --> 00:21:21,800
Well, not guilty is not the same
as innocent.
330
00:21:22,400 --> 00:21:25,080
And not guilty is really the equivalent
of not proven,
331
00:21:25,640 --> 00:21:27,800
not proven beyond a reasonable doubt.
332
00:21:28,560 --> 00:21:32,480
If I spend too much time
arguing that he's innocent,
333
00:21:33,280 --> 00:21:36,760
in essence, I relieve the state
of its burden of proof.
334
00:21:37,480 --> 00:21:39,760
I invite the jury to weigh,
335
00:21:40,760 --> 00:21:43,520
"Well, is Rudolf right
or is Hardin right?"
336
00:21:44,440 --> 00:21:48,840
Well, that's giving up
a tremendous legal advantage
337
00:21:48,920 --> 00:21:51,280
that all defendants have and should have.
338
00:21:51,680 --> 00:21:55,040
You know, what we've basically built
into our system is the notion
339
00:21:55,360 --> 00:21:57,800
that we want to have guilt proven
beyond a reasonable doubt
340
00:21:57,880 --> 00:22:01,480
to avoid innocent people going to prison.
341
00:22:01,560 --> 00:22:04,760
It's not perfect, but that's the goal.
342
00:22:05,240 --> 00:22:06,960
And so, the real issue...
343
00:22:08,560 --> 00:22:10,280
the real issue in this case is
344
00:22:11,080 --> 00:22:12,880
not whether we have proven
345
00:22:14,240 --> 00:22:18,520
that Kathleen Peterson died
as a result of an accident.
346
00:22:20,120 --> 00:22:22,400
No, that's not our burden.
347
00:22:23,280 --> 00:22:24,120
The real issue
348
00:22:25,120 --> 00:22:27,040
the one that you need to focus on
349
00:22:27,920 --> 00:22:32,080
is whether the state has proven
beyond a reasonable doubt
350
00:22:32,720 --> 00:22:36,720
with proof that fully satisfies
and entirely convinces you
351
00:22:37,160 --> 00:22:39,960
that on the morning of December 9th, 2001,
352
00:22:40,520 --> 00:22:44,280
Michael Peterson
beat Kathleen Peterson to death
353
00:22:44,360 --> 00:22:48,040
with a blow poke in that narrow stairway
that all of you saw
354
00:22:48,520 --> 00:22:49,760
just a few weeks ago.
355
00:22:50,280 --> 00:22:51,840
And what I want to do this morning
356
00:22:52,560 --> 00:22:57,480
is to focus on the reasonable doubts
in this case.
357
00:22:58,880 --> 00:23:00,200
The first reasonable doubt:
358
00:23:00,800 --> 00:23:02,680
the missing murder weapon isn't missing
359
00:23:03,200 --> 00:23:05,320
and it wasn't used in a murder.
360
00:23:06,920 --> 00:23:09,440
It doesn't get much simpler than that,
does it?
361
00:23:10,640 --> 00:23:13,120
The state contended
in its opening statement...
362
00:23:15,360 --> 00:23:16,760
that they would prove
363
00:23:17,360 --> 00:23:20,440
that the blow poke was,
as Mr. Hardin put it,
364
00:23:20,800 --> 00:23:22,880
mysteriously missing.
365
00:23:23,720 --> 00:23:26,560
Why was this blow poke
so crucial to their case?
366
00:23:26,760 --> 00:23:28,920
You actually heard it from Mr. Hardin
in his opening.
367
00:23:29,640 --> 00:23:33,440
He needed something that was light enough
to cause the lacerations,
368
00:23:34,680 --> 00:23:38,440
but not so heavy as to fracture the skull.
369
00:23:40,240 --> 00:23:42,000
So, he was sort of walking the tightrope.
370
00:23:43,160 --> 00:23:47,000
And this was the tightrope
he was walking.
371
00:23:50,240 --> 00:23:51,640
Reasonable doubt number two:
372
00:23:52,280 --> 00:23:54,000
there is no credible motive
373
00:23:54,280 --> 00:23:58,520
and you don't just decide
to kill your wife for no reason.
374
00:23:59,720 --> 00:24:02,160
In opening statements I told you all
375
00:24:02,600 --> 00:24:06,880
that everyone who knew
Kathleen and Michael Peterson
376
00:24:07,520 --> 00:24:10,400
knew that they were very much in love
377
00:24:11,240 --> 00:24:12,080
and happy.
378
00:24:12,400 --> 00:24:13,240
And in fact,
379
00:24:13,920 --> 00:24:18,480
when Candace Zamperini spoke to the police
in December 2001,
380
00:24:18,560 --> 00:24:20,560
she used the term "soul mate."
381
00:24:21,200 --> 00:24:23,000
And when she testified here,
382
00:24:23,440 --> 00:24:26,760
you didn't hear her say anything bad
383
00:24:27,520 --> 00:24:29,160
about the relationship.
384
00:24:29,760 --> 00:24:32,280
Sometimes the absence of evidence
385
00:24:32,360 --> 00:24:35,240
speaks louder than anything
that a defendant could produce.
386
00:24:35,840 --> 00:24:40,560
If there was a single witness,
one, anywhere,
387
00:24:41,800 --> 00:24:44,560
who could say one bad thing
388
00:24:45,040 --> 00:24:46,920
about their relationship,
389
00:24:48,240 --> 00:24:50,560
you know you would have heard it.
390
00:24:50,960 --> 00:24:53,320
No one came in and testified.
391
00:24:53,720 --> 00:24:57,200
Not Caitlin,
who sat here for most of the trial.
392
00:24:57,960 --> 00:25:00,200
Not any of Kathleen's co-workers,
393
00:25:01,440 --> 00:25:03,720
not any of Kathleen's friends.
394
00:25:04,840 --> 00:25:06,920
Reasonable doubt number three:
395
00:25:07,920 --> 00:25:14,280
there is one thing that everyone
who went to the scene of 1810 Cedar
396
00:25:14,840 --> 00:25:17,840
on the night of Dec 9th agrees on:
397
00:25:19,600 --> 00:25:20,720
Michael Peterson
398
00:25:21,040 --> 00:25:25,880
was in profound, deep shock and grief
399
00:25:26,360 --> 00:25:28,080
over Kathleen's death.
400
00:25:31,680 --> 00:25:33,120
The words you speak
401
00:25:33,920 --> 00:25:35,480
when you reach your verdict
402
00:25:36,200 --> 00:25:38,320
will be the most important words
403
00:25:38,640 --> 00:25:41,560
that Michael Peterson and his family
404
00:25:42,760 --> 00:25:47,040
will ever, ever, ever hear
in their lives.
405
00:25:49,760 --> 00:25:52,320
And the words that Michael Peterson spoke
406
00:25:53,240 --> 00:25:55,800
on December 9th, 2001,
407
00:25:57,160 --> 00:26:00,160
when he called 911...
408
00:26:02,280 --> 00:26:04,600
should guide your verdict
409
00:26:05,320 --> 00:26:06,360
as you deliberate it.
410
00:26:13,160 --> 00:26:15,160
Durham 911.
What is your emergency?
411
00:26:15,800 --> 00:26:18,320
- 1810 Cedar Street, please!
- What's wrong?
412
00:26:18,400 --> 00:26:19,520
My wife's had an accident.
413
00:26:19,600 --> 00:26:21,400
- She's still breathing.
- What kind of accident?
414
00:26:21,480 --> 00:26:23,800
She fell down the stairs.
She's still breathing. Please come.
415
00:26:23,880 --> 00:26:25,480
- Is she conscious?
- What?
416
00:26:25,560 --> 00:26:27,840
- Is she conscious?
- No, she's not conscious.
417
00:26:27,920 --> 00:26:30,680
- How many stairs did she fall down?
- What? Huh?
418
00:26:30,760 --> 00:26:32,240
- How many stairs?
- The back stairs!
419
00:26:32,320 --> 00:26:35,400
- How many stairs?
- No.
420
00:26:35,480 --> 00:26:36,840
Calm down, sir.
421
00:26:37,520 --> 00:26:40,480
- Calm down.
- No, 15, 20, I don't know!
422
00:26:40,600 --> 00:26:42,400
Please, get somebody here right away.
423
00:26:42,480 --> 00:26:45,920
Okay, somebody's dispatching
the ambulance while I ask you questions.
424
00:26:46,000 --> 00:26:50,040
It's in Forest Hills, okay?
Please! Please!
425
00:26:50,200 --> 00:26:54,760
Sir, sir, somebody else
is dispatching the ambulance.
426
00:26:54,840 --> 00:26:57,280
Okay, is she awake now?
427
00:26:58,280 --> 00:26:59,200
Hello?
428
00:27:01,600 --> 00:27:02,520
Hello?
429
00:27:05,880 --> 00:27:09,760
You know, I think
one of the more strange comments,
430
00:27:10,800 --> 00:27:12,320
and actually a very true comment,
431
00:27:12,720 --> 00:27:14,920
was what Candace said on the stand.
432
00:27:15,240 --> 00:27:19,120
And she said, "I don't know
who that Michael Peterson is."
433
00:27:21,960 --> 00:27:22,800
Well...
434
00:27:23,880 --> 00:27:27,720
I don't know who that person is either
who has been on trial,
435
00:27:28,080 --> 00:27:32,000
hearing all of these things and listening
to all of these stories and...
436
00:27:33,400 --> 00:27:37,360
Just incredible things.
437
00:27:37,440 --> 00:27:39,120
I don't know who that person is either.
438
00:27:40,080 --> 00:27:42,200
But it isn't me, I know that.
439
00:27:44,680 --> 00:27:45,880
I know who I am.
440
00:27:46,920 --> 00:27:49,040
And I can live with that.
441
00:27:49,960 --> 00:27:51,080
I told you in the beginning,
442
00:27:51,160 --> 00:27:55,120
I've never been terribly concerned
what other people think.
443
00:27:56,080 --> 00:27:58,480
And I know that comes across
as an arrogance,
444
00:27:59,080 --> 00:28:04,000
but I think that a lot of it
has to do with peace,
445
00:28:04,080 --> 00:28:08,960
that I have never really ever sought
to hurt anybody.
446
00:28:09,040 --> 00:28:10,920
Yes, I've done some bad things.
447
00:28:11,000 --> 00:28:14,120
Yes, I've certainly
inadvertently hurt people
448
00:28:14,200 --> 00:28:16,760
and I haven't led the most exemplary life,
449
00:28:17,200 --> 00:28:21,960
but I've never consciously
gone out to hurt anybody.
450
00:28:22,560 --> 00:28:24,320
And I can...
451
00:28:25,480 --> 00:28:27,600
in a very loose definition,
452
00:28:28,760 --> 00:28:30,440
live at peace with myself.
453
00:28:31,600 --> 00:28:33,640
And if you can do that,
454
00:28:35,600 --> 00:28:39,240
it really doesn't make any difference
where... where that is.
455
00:28:40,560 --> 00:28:42,960
So, I'll just...
456
00:28:44,440 --> 00:28:46,840
probably just not be any different
457
00:28:47,440 --> 00:28:50,000
on Tuesday, or Wednesday, or Thursday,
458
00:28:51,320 --> 00:28:54,240
if I come back to this house
or if I go somewhere else.
459
00:28:54,320 --> 00:28:57,080
It's not going to change who I am
460
00:28:57,560 --> 00:29:00,280
and who I know I am.
461
00:29:01,520 --> 00:29:03,080
It will be still me.
462
00:29:04,040 --> 00:29:08,040
And the trappings
certainly could be very, very different.
463
00:29:09,160 --> 00:29:12,040
The environment
certainly could be very different.
464
00:29:12,600 --> 00:29:13,720
But that's just...
465
00:29:17,280 --> 00:29:18,240
environment.
466
00:29:27,040 --> 00:29:30,440
Members of the jury,
all of the evidence has been presented.
467
00:29:30,760 --> 00:29:35,160
It is now your duty to decide
from this evidence what the facts are.
468
00:29:35,760 --> 00:29:39,080
The defendant has been charged
with first-degree murder.
469
00:29:39,680 --> 00:29:42,360
Under the law and the evidence
in this case
470
00:29:42,640 --> 00:29:47,080
it is your duty to return
one of the following verdicts.
471
00:29:47,320 --> 00:29:50,440
One, guilty of first degree murder;
472
00:29:50,520 --> 00:29:53,280
or, two, not guilty.
473
00:29:53,960 --> 00:29:56,000
Take the jury
to the deliberation room and...
474
00:29:56,600 --> 00:30:00,120
once you get the verdict sheet,
you can begin your deliberations.
475
00:30:19,560 --> 00:30:21,000
No!
476
00:30:21,720 --> 00:30:24,080
- It was scary.
- That's so funny.
477
00:30:25,240 --> 00:30:26,640
Give them something to film.
478
00:30:26,720 --> 00:30:28,080
- Leather.
- Dad!
479
00:30:28,160 --> 00:30:30,520
Some women and Germans.
480
00:30:30,600 --> 00:30:32,280
How far away is Rome?
481
00:30:33,200 --> 00:30:35,760
- Can I come to Paris with you when you go?
- Yes!
482
00:30:35,840 --> 00:30:37,280
- Really?
- Yeah, absolutely.
483
00:30:37,520 --> 00:30:39,880
- Really?
- Absolutely. Absolutely.
484
00:30:41,080 --> 00:30:42,360
Ow!
485
00:30:42,640 --> 00:30:44,920
That's so exciting.
486
00:30:45,400 --> 00:30:48,040
Do you still... I mean, you've been
practicing law for 28 years.
487
00:30:48,120 --> 00:30:50,080
Do you still get butterflies
in your stomach?
488
00:30:54,120 --> 00:30:56,360
Butterflies may not be
quite the right word.
489
00:30:56,440 --> 00:30:57,800
I still feel anxious.
490
00:30:59,080 --> 00:31:00,800
I think I've gotten better
491
00:31:01,560 --> 00:31:05,080
at putting it out of my mind
while I'm waiting,
492
00:31:05,160 --> 00:31:07,200
but when the knock comes on the door
493
00:31:08,120 --> 00:31:10,960
and they say they've reached a verdict,
that's when...
494
00:31:11,520 --> 00:31:13,560
Butterflies would probably be
an understatement.
495
00:31:14,040 --> 00:31:18,640
It's more like bats and birds
and all kinds of things floating around.
496
00:31:18,920 --> 00:31:21,200
How about for your client,
for Mike Peterson?
497
00:31:21,480 --> 00:31:23,280
I mean, this has got to be
a tough time, too.
498
00:31:23,360 --> 00:31:26,440
He needs his space
and he needs to be with his family.
499
00:31:26,880 --> 00:31:28,480
And he needs to be with his kids.
500
00:31:29,160 --> 00:31:31,840
And that's... He doesn't need me.
501
00:31:31,920 --> 00:31:36,280
He needs the people who have supported him
and loved him his whole life.
502
00:31:37,440 --> 00:31:38,680
Hand me my wine, will you?
503
00:31:39,880 --> 00:31:40,720
All right.
504
00:31:42,160 --> 00:31:44,400
- You want anything?
- Everything, pretty much.
505
00:31:44,480 --> 00:31:45,400
Yeah, all right.
506
00:31:45,760 --> 00:31:48,600
Enjoy. Could be your last.
507
00:31:51,760 --> 00:31:54,360
- Take a bottle with me to court tomorrow.
- You better.
508
00:31:54,440 --> 00:31:56,640
God, well, it goes
with all the other ones there, right?
509
00:31:56,720 --> 00:31:59,920
- What about the cyanide?
- My entire bar is in evidence, right?
510
00:32:00,000 --> 00:32:02,440
Have you got the cyanide capsule?
511
00:32:02,520 --> 00:32:04,080
- You're going out like...
- Cyanide cap.
512
00:32:04,160 --> 00:32:05,720
- Was it Himmler or...?
- Goering.
513
00:32:05,800 --> 00:32:08,160
- Goering.
- Right. Mm!
514
00:32:10,280 --> 00:32:12,960
Everybody, all the lawyers
are handicapping this thing.
515
00:32:13,040 --> 00:32:16,400
There's really hardly any possibility
of a conviction. It's...
516
00:32:16,960 --> 00:32:20,200
They're either talking about an acquittal
or they're talking about a hung jury.
517
00:32:20,960 --> 00:32:24,200
Even Tom today told me
that he expects an acquittal tomorrow.
518
00:32:24,960 --> 00:32:27,840
And he said, "You know,
if it goes beyond Wednesday..."
519
00:32:28,120 --> 00:32:32,520
"then we might be thinking a hung jury."
520
00:32:32,960 --> 00:32:34,680
Nobody's thinking conviction here.
521
00:32:34,840 --> 00:32:37,040
But that is in fact
what I wanted to talk to you about.
522
00:32:37,480 --> 00:32:41,440
And that is... and I always tell
my clients, "You know, you got 10% chance
523
00:32:42,640 --> 00:32:46,520
of losing the case, or 80% chance,
50/50, or whatever."
524
00:32:47,680 --> 00:32:51,720
You know, I handicapped this thing
extremely low, extremely low.
525
00:32:52,200 --> 00:32:54,360
But on the other hand,
pshh, lightning strikes.
526
00:32:54,440 --> 00:32:55,440
You just never know.
527
00:32:56,120 --> 00:32:57,760
- Twice sometimes.
- Yeah.
528
00:32:59,160 --> 00:33:01,200
- Let's hope they believe that.
- Same place.
529
00:33:02,400 --> 00:33:04,920
But anyway, in the event,
in the unlikely event,
530
00:33:05,360 --> 00:33:09,080
there will not be time to talk right away
'cause they will take you right away.
531
00:33:09,600 --> 00:33:12,000
There will be time later
in the evening, you can talk,
532
00:33:12,080 --> 00:33:16,200
just like we did when you were in jail
for that month in December,
533
00:33:16,280 --> 00:33:19,160
but it was a little bit different
because we all got ready, and...
534
00:33:19,240 --> 00:33:22,600
you know, took you down to the jail,
and we had a lot of time to talk.
535
00:33:22,680 --> 00:33:23,520
Right.
536
00:33:24,160 --> 00:33:26,720
But I am convinced,
537
00:33:27,560 --> 00:33:29,960
especially after listening
to the jury instructions today,
538
00:33:30,040 --> 00:33:33,680
that this judge has committed
prejudicial error already in admitting...
539
00:33:33,760 --> 00:33:34,600
What'd he do?
540
00:33:34,680 --> 00:33:36,640
That Ratliff stuff
should never have come in.
541
00:33:36,720 --> 00:33:40,120
Nobody that I've talked to can believe
that that evidence was admitted.
542
00:33:40,440 --> 00:33:42,960
And it's highly prejudicial,
highly prejudicial.
543
00:33:44,080 --> 00:33:46,600
So, I think it's reversible,
easily reversible.
544
00:33:46,680 --> 00:33:49,960
So, what I wanted to tell you,
if we don't have time to talk tomorrow,
545
00:33:51,560 --> 00:33:52,800
you know, don't panic.
546
00:33:52,880 --> 00:33:54,840
You'll spend a year in prison...
547
00:33:56,640 --> 00:33:59,280
...but you can do that
standing on your head, you know?
548
00:34:00,240 --> 00:34:03,880
But that's the important thing
to keep in mind, it's the game's not over.
549
00:34:03,960 --> 00:34:05,880
So, you're telling me to...
550
00:34:06,520 --> 00:34:09,120
- Don't bolt for the door downstairs.
- Don't bolt for the door.
551
00:34:10,760 --> 00:34:11,960
Okay, all right.
552
00:34:13,200 --> 00:34:14,960
Just go... Yeah, I've told...
553
00:34:19,200 --> 00:34:22,680
You know, all my affairs
are perfectly in order, you know.
554
00:34:22,920 --> 00:34:25,480
- Todd knows what to do.
- Yeah. Okay.
555
00:34:26,680 --> 00:34:28,600
We've... I told him, you know...
556
00:34:29,200 --> 00:34:32,000
- More powers of attorney.
- I'm gonna take out my watch
557
00:34:32,120 --> 00:34:34,680
and just have $100
and just stick it in my pants
558
00:34:34,760 --> 00:34:36,000
and I'll fuck them.
559
00:34:36,440 --> 00:34:37,640
- Yeah. Yeah.
- Yeah.
560
00:34:38,160 --> 00:34:42,760
But mostly, the main thing,
I want the kids removed from...
561
00:34:42,840 --> 00:34:45,960
I want them taken out of here
and this environment.
562
00:34:46,040 --> 00:34:48,080
I want them to go on.
563
00:34:48,400 --> 00:34:51,080
I mean, just absolutely go on.
564
00:34:52,200 --> 00:34:56,280
I trust you, Jack, to take care
of everything, take care of my kids.
565
00:34:57,000 --> 00:34:59,080
- Yeah.
- 'Cause they'll be a mess.
566
00:34:59,720 --> 00:35:02,040
- They will be a wreck.
- Yeah, I think that's right.
567
00:35:02,160 --> 00:35:03,200
Oh, they will be a wreck.
568
00:35:03,280 --> 00:35:05,000
They'll be devastated. No question.
569
00:35:05,080 --> 00:35:06,560
They'll just be destroyed.
570
00:35:06,840 --> 00:35:08,320
Margaret and Martha will be...
571
00:35:08,560 --> 00:35:10,240
- Yep.
- Yeah, they'll just be...
572
00:35:12,440 --> 00:35:14,440
So, bring them to Vegas, you know.
573
00:35:14,560 --> 00:35:17,680
- We'll send them out to...
- With Margaret's height, be a show girl.
574
00:35:18,360 --> 00:35:20,680
Listen, she's got
the genes now, right?
575
00:35:20,760 --> 00:35:21,680
That's fine.
576
00:35:22,280 --> 00:35:23,120
Yeah.
577
00:35:23,200 --> 00:35:24,840
I don't think
it's gonna happen tomorrow.
578
00:35:24,920 --> 00:35:26,320
I don't think so either, but...
579
00:35:26,760 --> 00:35:28,880
I mean, I don't even think
we'll get a verdict tomorrow.
580
00:35:28,960 --> 00:35:30,160
I'd be surprised.
581
00:35:30,400 --> 00:35:31,720
But not terribly surprised.
582
00:35:32,040 --> 00:35:35,760
I can deal with whatever happens,
believe me.
583
00:35:36,240 --> 00:35:40,240
You know, I was saying before that,
you know, it's all up here, basically.
584
00:35:41,200 --> 00:35:44,200
Milton. "Make a heaven of our hell
and a hell of our heaven."
585
00:35:44,720 --> 00:35:46,480
And I can...
586
00:35:47,480 --> 00:35:49,600
I can deal with it.
I absolutely can.
587
00:37:26,040 --> 00:37:30,160
It's too terrifying. It's...
It would be like losing everything.
588
00:37:30,240 --> 00:37:32,080
I mean,
we still have the family, but...
589
00:37:32,440 --> 00:37:35,000
we just lost our mother,
we lost our sister.
590
00:37:35,080 --> 00:37:37,800
And to lose our dad,
who's basically...
591
00:37:37,920 --> 00:37:39,960
I mean, he's the foundation of the family.
592
00:37:40,040 --> 00:37:41,320
He's holding us together.
593
00:37:41,400 --> 00:37:43,600
He's the strongest person
in this family and...
594
00:37:45,320 --> 00:37:47,240
I... I wouldn't...
595
00:37:47,840 --> 00:37:50,240
I don't think I'd be able to survive
without him.
596
00:37:50,520 --> 00:37:52,000
I don't... I don't think I can...
597
00:37:52,360 --> 00:37:54,440
I can't really think about it
too much
598
00:37:54,520 --> 00:37:58,600
because it would just send me
in too much of a depression.
599
00:37:58,680 --> 00:38:02,800
I couldn't...
I couldn't live life without my dad.
600
00:38:03,240 --> 00:38:05,320
People have told me,
some of my friends have been like,
601
00:38:05,400 --> 00:38:09,440
"You know, Margaret, you really
should think, plan just in case."
602
00:38:09,720 --> 00:38:11,200
And I...
603
00:38:11,920 --> 00:38:14,320
I mean, there's not been
one single time where...
604
00:38:15,320 --> 00:38:18,080
I could believe, no matter
how corrupt any system is,
605
00:38:18,160 --> 00:38:21,120
I could believe that they could come
with a guilty verdict.
606
00:38:21,200 --> 00:38:22,040
I mean...
607
00:38:22,400 --> 00:38:23,640
it won't happen.
608
00:38:44,200 --> 00:38:46,880
Remain seated. Come to order.
Court's back in session.
609
00:38:47,800 --> 00:38:49,760
All right. Now...
610
00:38:50,320 --> 00:38:53,880
I'm gonna bring the jury in, they're gonna
tell me what their verdict is.
611
00:38:54,240 --> 00:38:57,560
And I'm gonna need order in the court,
getting this jury out of here,
612
00:38:57,640 --> 00:38:59,720
and doing the things
that I'm gonna have to do.
613
00:39:00,000 --> 00:39:04,920
So, to the members of the public,
if you think you're gonna have difficulty
614
00:39:05,000 --> 00:39:09,280
accepting the jury's verdict
and you're gonna make noise
615
00:39:09,360 --> 00:39:11,840
or do something else disruptive
in the courtroom,
616
00:39:12,280 --> 00:39:17,320
I'm gonna give you an opportunity
to leave right now,
617
00:39:17,760 --> 00:39:20,440
because if you disrupt my courtroom
618
00:39:20,960 --> 00:39:23,640
while I'm doing this
and you cause a scene,
619
00:39:23,880 --> 00:39:25,280
I'm gonna have you arrested.
620
00:39:26,160 --> 00:39:29,600
Mr. Deputy, bring the jury in.
Tell them to bring all their belongings.
621
00:39:34,720 --> 00:39:35,960
Please take your seats.
622
00:39:58,640 --> 00:40:01,520
All right, Miss Foreperson,
I'm going to ask you some questions.
623
00:40:01,600 --> 00:40:03,640
Has the jury reached a unanimous verdict
624
00:40:03,720 --> 00:40:05,800
- on the issue that was submitted to you?
- Yes.
625
00:40:05,880 --> 00:40:08,440
Have you marked, checked
whatever the appropriate spaces
626
00:40:08,520 --> 00:40:09,640
- on the verdict sheet?
- Yes.
627
00:40:09,720 --> 00:40:12,160
- Have you signed and printed your name?
- Yes.
628
00:40:12,360 --> 00:40:15,000
All right, if you will give that sheet
to the deputy, please.
629
00:40:29,680 --> 00:40:32,200
All right, Miss Clerk,
if you will take the verdict.
630
00:40:32,600 --> 00:40:35,840
Ladies and gentleman of the jury,
you have returned the following verdict.
631
00:40:35,920 --> 00:40:39,240
State of North Carolina
versus Michael Iver Peterson,
632
00:40:39,320 --> 00:40:43,520
file number 01-CRS-24821.
633
00:40:43,840 --> 00:40:47,280
We, the 12 members of the jury,
unanimously find the defendant to be
634
00:40:47,480 --> 00:40:51,920
guilty of first-degree murder,
this the 10th day of October 2003,
635
00:40:52,000 --> 00:40:55,240
signed by foreperson
Kristen Lyon Jones.
636
00:40:55,480 --> 00:40:58,560
- Is this your verdict, so say you all?
- Yes.
637
00:40:59,080 --> 00:41:01,480
All right, Miss Clerk,
if you will call the jury.
638
00:41:01,800 --> 00:41:05,040
Miss Jones, you, as foreperson,
have returned for your verdict
639
00:41:05,120 --> 00:41:07,760
that the defendant is guilty
of first-degree murder.
640
00:41:07,960 --> 00:41:10,720
Is this your verdict
and do you still assent thereto?
641
00:41:10,840 --> 00:41:12,160
- Yes.
- Thank you.
642
00:41:12,360 --> 00:41:15,200
Juror Number One, Mr. Harrison,
if you'll you please stand.
643
00:41:15,600 --> 00:41:18,360
Mr. Harrison, your foreperson
has returned for your verdict
644
00:41:18,440 --> 00:41:20,960
that the defendant is guilty
of first-degree murder.
645
00:41:21,160 --> 00:41:23,640
Is this your verdict
and do you still assent thereto?
646
00:41:23,720 --> 00:41:24,960
- Yes.
- Thank you.
647
00:41:25,040 --> 00:41:28,040
Juror Number Two, Mr. Higgins,
if you'll you please stand.
648
00:41:28,400 --> 00:41:30,920
Mr. Higgins, your foreperson
has returned for your verdict
649
00:41:31,000 --> 00:41:33,600
that the defendant is guilty
of first-degree murder.
650
00:41:33,720 --> 00:41:36,480
Is this your verdict
and do you still assent thereto?
651
00:41:36,560 --> 00:41:38,120
- Yes.
- Thank you.
652
00:41:38,720 --> 00:41:42,000
Juror Number Four, Miss Blackwell,
if you'll you please stand.
653
00:41:42,280 --> 00:41:45,120
Miss Blackwell, your foreperson
has returned for your verdict
654
00:41:45,200 --> 00:41:47,560
that the defendant is guilty
of first-degree murder.
655
00:41:47,640 --> 00:41:50,280
Is this your verdict
and do you still assent thereto?
656
00:41:50,800 --> 00:41:52,160
- Yes.
- Thank you.
657
00:41:52,240 --> 00:41:55,400
Juror Number Five, Mr. Sarratt,
if you'll you please stand.
658
00:41:56,160 --> 00:41:59,240
Mr. Sarratt, your foreperson
has returned for your verdict
659
00:41:59,320 --> 00:42:01,680
that the defendant is guilty
of first-degree murder.
660
00:42:01,920 --> 00:42:04,480
Is this your verdict
and do you still assent thereto?
661
00:42:04,640 --> 00:42:06,120
- Yes.
- Thank you.
662
00:42:06,400 --> 00:42:08,240
Juror Number 12, Mr. Hall.
663
00:42:08,920 --> 00:42:11,400
Mr. Hall, your foreperson
has returned for your verdict
664
00:42:11,480 --> 00:42:14,000
that the defendant is guilty
of first-degree murder.
665
00:42:14,080 --> 00:42:16,600
Is this your verdict
and do you still assent thereto?
666
00:42:16,720 --> 00:42:18,000
- Yes.
- Thank you.
667
00:42:18,360 --> 00:42:23,040
All right, Miss Court Reporter,
the court finds a unanimous jury verdict,
668
00:42:23,120 --> 00:42:26,000
orders that it be recorded by the clerk.
669
00:42:26,480 --> 00:42:29,640
Mr. Deputy, you take the jury
to your assigned place.
670
00:42:51,640 --> 00:42:54,680
Mr. Hardin, do you wish
to be heard at all as to sentencing?
671
00:42:54,920 --> 00:42:55,760
Mr. Rudolf?
672
00:42:56,640 --> 00:43:00,440
Judge, I don't think that the court has
any discretion with regard to sentencing.
673
00:43:01,040 --> 00:43:03,080
Obviously, we'll be filing
a notice of appeal.
674
00:43:04,280 --> 00:43:06,720
But with regard to sentencing,
we don't wish to be heard.
675
00:43:06,800 --> 00:43:10,120
All right. Then, Mr. Peterson,
if you will stand where you are.
676
00:43:10,200 --> 00:43:13,320
Is there anything you want to say
before the court imposes judgment?
677
00:43:13,640 --> 00:43:14,840
I would just...
678
00:43:18,560 --> 00:43:19,640
It's okay.
679
00:43:20,200 --> 00:43:21,120
It's okay.
680
00:43:22,880 --> 00:43:23,760
It's okay.
681
00:43:25,120 --> 00:43:28,720
All right, then, Miss Clerk,
the defendant is imprisoned
682
00:43:28,800 --> 00:43:31,080
in the North Carolina
Department of Corrections
683
00:43:31,160 --> 00:43:34,240
for the remainder of his natural life,
without the benefit of parole.
684
00:43:36,440 --> 00:43:40,040
Mr. Rudolf, do you wish to appeal
at this time, or think about it?
685
00:43:40,120 --> 00:43:42,400
- We'll file an appeal.
- All right, sir.
686
00:43:48,840 --> 00:43:50,280
Come with me, please, sir.
687
00:44:22,560 --> 00:44:23,440
All stand.
688
00:44:57,280 --> 00:45:02,760
They'll be on the other side,
and the transport will be outside.
689
00:45:13,120 --> 00:45:14,560
Gonna walk him right across here.
690
00:45:14,640 --> 00:45:15,880
- Second car?
- Yes, sir.
691
00:45:15,960 --> 00:45:18,040
Go right in the passenger side, please.
692
00:45:21,120 --> 00:45:24,040
- Hold up. Go over here.
- You want me in this one?
693
00:45:29,000 --> 00:45:29,960
Unlock the door.
694
00:45:30,920 --> 00:45:32,280
Should be unlocked.
695
00:46:28,560 --> 00:46:32,320
If there's not at least
reasonable doubt in this case,
696
00:46:32,400 --> 00:46:34,040
at least reasonable doubt,
697
00:46:34,960 --> 00:46:37,680
then I don't understand
what I'm doing.
698
00:46:39,080 --> 00:46:42,840
And so, when the jury came in,
it didn't just disappoint me,
699
00:46:43,680 --> 00:46:44,920
it shook
700
00:46:46,160 --> 00:46:47,960
the foundations of my beliefs.
701
00:46:48,880 --> 00:46:51,920
It shook the foundations of my beliefs
in the justice system,
702
00:46:54,360 --> 00:46:56,640
in human beings,
703
00:46:58,640 --> 00:47:00,160
in my own abilities,
704
00:47:02,040 --> 00:47:02,880
in...
705
00:47:05,040 --> 00:47:06,000
my judgment,
706
00:47:10,520 --> 00:47:12,240
in my sense of reality.
707
00:47:13,000 --> 00:47:16,080
I mean, it didn't just surprise me,
708
00:47:16,160 --> 00:47:18,640
it truly stunned me.
709
00:47:20,160 --> 00:47:21,360
It just...
710
00:47:22,120 --> 00:47:27,680
blew me away
emotionally and psychologically.
57549
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