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These are the user uploaded subtitles that are being translated: 1 00:00:01,120 --> 00:00:02,150 LINDSAY: Previously on "The Practice"... 2 00:00:02,150 --> 00:00:03,150 - This is an emergency. 3 00:00:03,150 --> 00:00:04,220 I need to talk to someone. 4 00:00:04,220 --> 00:00:06,100 - George? 5 00:00:06,100 --> 00:00:08,000 - My bag, open it. 6 00:00:08,000 --> 00:00:09,150 - [screams] 7 00:00:09,150 --> 00:00:10,180 - What? 8 00:00:10,180 --> 00:00:12,150 - There's a head in the bag. 9 00:00:12,150 --> 00:00:14,030 - It's the woman I met at the bar last night. 10 00:00:14,030 --> 00:00:15,170 - What are you doing with her head? 11 00:00:15,170 --> 00:00:16,200 - I don't know. 12 00:00:16,200 --> 00:00:18,070 Somebody put it in there. 13 00:00:18,070 --> 00:00:20,040 MAN: George Vogelman, you are under arrest 14 00:00:20,040 --> 00:00:22,050 for the murder of Susan Robin. 15 00:00:22,050 --> 00:00:24,010 - Anderson Pearson, my stuffed shirt professor? 16 00:00:24,010 --> 00:00:25,120 He just shot somebody dead. 17 00:00:25,120 --> 00:00:26,220 - I'd like to go self-defense. 18 00:00:26,220 --> 00:00:28,130 - The man was unarmed. 19 00:00:28,130 --> 00:00:30,000 - And talking to your wife, you two felt like 20 00:00:30,000 --> 00:00:32,180 this man might end up hurting you one day. 21 00:00:32,180 --> 00:00:35,210 - But we weren't at that point when your client shot him. 22 00:00:35,210 --> 00:00:37,210 - I think that's a question of fact left for the jury. 23 00:00:37,210 --> 00:00:40,030 - The jury is not going to get that question, Bobby. 24 00:00:40,030 --> 00:00:41,220 - You can't limit our defense to what you-- 25 00:00:41,220 --> 00:00:44,120 - You don't want to be arguing self-defense. 26 00:00:44,120 --> 00:00:46,140 - Do you think you were acting in self-defense, 27 00:00:46,140 --> 00:00:49,120 or do you think you involuntarily 28 00:00:49,120 --> 00:00:51,220 just started squeezing? 29 00:00:51,220 --> 00:00:54,050 - I don't remember pulling the trigger. 30 00:00:54,050 --> 00:00:55,140 - Good. 31 00:00:55,140 --> 00:00:57,060 - We need an expert to take the stand 32 00:00:57,060 --> 00:00:59,150 and basically testify that between the light trigger 33 00:00:59,150 --> 00:01:01,190 and the automatic recoil, it is possible 34 00:01:01,190 --> 00:01:03,130 for a man to just sort of squeeze 35 00:01:03,130 --> 00:01:05,090 and have the entire magazine empty. 36 00:01:05,090 --> 00:01:06,230 - What's the fee? 37 00:01:06,230 --> 00:01:09,070 - The victim was being treated. - Shrink? 38 00:01:09,070 --> 00:01:10,200 - Dr. Walter Matthews diagnosed him 39 00:01:10,200 --> 00:01:12,070 as a schizophrenic. 40 00:01:12,070 --> 00:01:13,190 This is good. - We need to meet with him. 41 00:01:13,190 --> 00:01:15,100 - Things I learn in therapy, 42 00:01:15,100 --> 00:01:16,190 they're privileged. 43 00:01:16,190 --> 00:01:20,020 - This case involves a murder, Doctor. 44 00:01:25,070 --> 00:01:27,000 LINDSAY: Too personal? BOBBY: I don't think so. 45 00:01:27,000 --> 00:01:28,030 - It certainly isn't relevant to how-- 46 00:01:28,030 --> 00:01:29,030 - You'll get slack. 47 00:01:29,030 --> 00:01:30,130 The last thing the DA wants 48 00:01:30,130 --> 00:01:31,230 is to get up and object to an opening statement, 49 00:01:31,230 --> 00:01:33,190 but here starting on page three, 50 00:01:33,190 --> 00:01:35,170 you got to tone this down. 51 00:01:35,170 --> 00:01:37,030 - That's sort of our story, Bobby. 52 00:01:37,030 --> 00:01:38,180 - The problem is, if you tell it, 53 00:01:38,180 --> 00:01:41,090 you steal the thunder of Pearson's testimony. 54 00:01:41,090 --> 00:01:42,230 That's where this thing is won or lost, 55 00:01:42,230 --> 00:01:44,100 with him on the stand. 56 00:01:44,100 --> 00:01:46,180 Don't go near the dead cat. - Really? 57 00:01:46,180 --> 00:01:49,140 - They got to hear that from him. 58 00:01:49,140 --> 00:01:52,140 - Do you think he's guilty? 59 00:01:52,140 --> 00:01:55,230 - I think under that set of circumstances, 60 00:01:55,230 --> 00:01:57,070 a lot of people would have pulled the trigger. 61 00:01:57,070 --> 00:01:58,100 - Yeah, out of revenge, maybe, 62 00:01:58,100 --> 00:01:59,130 but we can't go with revenge. 63 00:01:59,130 --> 00:02:01,030 Our case is accident. God. 64 00:02:01,030 --> 00:02:03,050 - Our case is getting the jury to want to let him go. 65 00:02:03,050 --> 00:02:06,070 If we can do that, they'll find accident. 66 00:02:06,070 --> 00:02:07,080 - Then Judge Hiller will give them 67 00:02:07,080 --> 00:02:08,190 the instruction of a lifetime. 68 00:02:08,190 --> 00:02:10,000 - 12 people on a jury. 69 00:02:10,000 --> 00:02:11,130 All we need is one. 70 00:02:21,100 --> 00:02:24,200 Are you okay? 71 00:02:24,200 --> 00:02:27,230 - For all my problems with him, 72 00:02:27,230 --> 00:02:30,090 I mean, He's like my father. 73 00:02:32,010 --> 00:02:34,040 You know, in fact, 74 00:02:34,040 --> 00:02:37,000 he believed in me more than... 75 00:02:37,000 --> 00:02:40,110 - Are you too close to this? 76 00:02:40,110 --> 00:02:41,180 - No. 77 00:02:41,180 --> 00:02:43,080 - Because that opening statement-- 78 00:02:43,080 --> 00:02:45,040 - I'm fine. 79 00:02:45,040 --> 00:02:46,070 I'm ready. 80 00:02:47,190 --> 00:02:50,190 [upbeat funky music] 81 00:02:50,190 --> 00:02:58,170 ♪ ♪ 82 00:03:35,110 --> 00:03:37,050 - I just hope we haven't pushed this too fast. 83 00:03:37,050 --> 00:03:38,220 - The fresher your testimony, the better. 84 00:03:38,220 --> 00:03:41,070 I don't want you up there with just a cold memory. 85 00:03:41,070 --> 00:03:43,130 The more you still feel it, the more they will. 86 00:03:43,130 --> 00:03:46,030 - I will never not feel that moment, Bobby. 87 00:03:46,030 --> 00:03:47,130 - Lindsay will open. 88 00:03:47,130 --> 00:03:49,040 They'll probably put on the detective, 89 00:03:49,040 --> 00:03:50,190 the coroner, somebody from forensics, 90 00:03:50,190 --> 00:03:52,060 and that could be it. 91 00:03:52,060 --> 00:03:54,150 You could be taking the stand by Thursday. 92 00:03:54,150 --> 00:03:56,230 Whether we put you on depends on how he does. 93 00:03:56,230 --> 00:03:59,190 I want to rest on our best note. 94 00:03:59,190 --> 00:04:03,000 You ready? 95 00:04:03,000 --> 00:04:04,060 - Mm-hm. 96 00:04:04,060 --> 00:04:06,030 - Are you? 97 00:04:06,030 --> 00:04:08,060 - We're ready. 98 00:04:08,060 --> 00:04:09,120 [dramatic music] 99 00:04:09,120 --> 00:04:17,100 ♪ 100 00:04:22,140 --> 00:04:23,220 - Helen. 101 00:04:23,220 --> 00:04:25,160 How we doing? 102 00:04:25,160 --> 00:04:27,210 - Well, nothing in his house connecting him to the crime. 103 00:04:27,210 --> 00:04:30,010 That's the good news. - What's the bad? 104 00:04:30,010 --> 00:04:31,100 - Well, your buddy George 105 00:04:31,100 --> 00:04:35,010 has a little home video library, Ellenor. 106 00:04:35,010 --> 00:04:36,210 None of them directed by Ron Howard. 107 00:04:36,210 --> 00:04:39,020 - Oh, God, don't tell me. 108 00:04:39,020 --> 00:04:40,020 - Some weird stuff. 109 00:04:40,020 --> 00:04:41,020 - What, you saw it? 110 00:04:41,020 --> 00:04:42,130 - Well, some of the detectives. 111 00:04:42,130 --> 00:04:43,230 It doesn't really mean anything that-- 112 00:04:43,230 --> 00:04:45,080 - Helen, you got to know the guy was framed. 113 00:04:45,080 --> 00:04:46,120 Come on. 114 00:04:46,120 --> 00:04:48,000 If you're gonna kill somebody, 115 00:04:48,000 --> 00:04:49,230 you don't then walk around with the head. 116 00:04:49,230 --> 00:04:52,070 - It's not my case. 117 00:04:54,110 --> 00:04:56,000 - You know, I didn't hear an undertone of, 118 00:04:56,000 --> 00:04:57,190 "This will probably go away." 119 00:04:57,190 --> 00:04:59,210 - Right now, there are no other suspects. 120 00:04:59,210 --> 00:05:01,170 They think they've got the right guy. 121 00:05:05,080 --> 00:05:06,210 - What the hell is going on? 122 00:05:06,210 --> 00:05:08,080 I'm being railroaded. 123 00:05:08,080 --> 00:05:09,180 - Look, let's just focus on the good news. 124 00:05:09,180 --> 00:05:11,040 They found nothing at your house con-- 125 00:05:11,040 --> 00:05:12,110 - You said that after they investigated, 126 00:05:12,110 --> 00:05:14,050 I'd probably be set free. 127 00:05:14,050 --> 00:05:15,230 You said that if they didn't find anything else, 128 00:05:15,230 --> 00:05:16,230 they would release me. 129 00:05:16,230 --> 00:05:18,080 - I said may-- 130 00:05:18,080 --> 00:05:19,110 - Well, they didn't find anything else, 131 00:05:19,110 --> 00:05:21,000 and now you're here telling me 132 00:05:21,000 --> 00:05:22,160 the district attorney's office thinks I did it! 133 00:05:22,160 --> 00:05:24,060 - Don't yell at me, George. - I will yell, Ellenor. 134 00:05:24,060 --> 00:05:25,160 What the hell is going on? - You have to under-- 135 00:05:25,160 --> 00:05:29,110 - This is insane! 136 00:05:29,110 --> 00:05:30,200 - All right, George. 137 00:05:30,200 --> 00:05:32,190 Let me tell you how this is gonna work. 138 00:05:32,190 --> 00:05:34,150 You don't shout at me ever. 139 00:05:34,150 --> 00:05:36,070 Aside from the fact that I don't like it, 140 00:05:36,070 --> 00:05:37,230 we don't need some guard here taking the stand, 141 00:05:37,230 --> 00:05:40,050 saying he heard you banging tables and screaming 142 00:05:40,050 --> 00:05:42,070 like a man who could decapitate somebody. 143 00:05:42,070 --> 00:05:45,020 Now, the police aren't nuts to hold you. 144 00:05:45,020 --> 00:05:46,230 They haven't found one piece of evidence 145 00:05:46,230 --> 00:05:48,130 connecting anybody else to this crime. 146 00:05:48,130 --> 00:05:51,070 You had the victim's head. 147 00:05:51,070 --> 00:05:52,170 Now, add to that your porno collection. 148 00:05:52,170 --> 00:05:54,050 That makes you seem a little strange. 149 00:05:54,050 --> 00:05:56,120 And add to that the fact you don't have an alibi. 150 00:05:56,120 --> 00:05:58,060 - I was home! - Yes. 151 00:05:58,060 --> 00:06:00,180 And that's the only thing I have to tell to a jury, 152 00:06:00,180 --> 00:06:02,130 that while Susan Robin was being murdered, 153 00:06:02,130 --> 00:06:04,020 you were home alone watching your own private 154 00:06:04,020 --> 00:06:07,140 Discovery Channel. 155 00:06:07,140 --> 00:06:09,020 Let's just get over the idea 156 00:06:09,020 --> 00:06:11,080 that they're gonna free you any second now. 157 00:06:11,080 --> 00:06:14,070 It isn't gonna happen. 158 00:06:14,070 --> 00:06:16,220 We're in this for the long haul, George. 159 00:06:16,220 --> 00:06:23,140 ♪ ♪ 160 00:06:23,140 --> 00:06:26,060 - This just can't be happening to me. 161 00:06:26,060 --> 00:06:34,040 ♪ ♪ 162 00:06:37,140 --> 00:06:41,000 - Let me begin by saying thank you for your service. 163 00:06:41,000 --> 00:06:42,170 Criminal cases aren't fun, 164 00:06:42,170 --> 00:06:45,230 especially when they involve the taking of human life. 165 00:06:45,230 --> 00:06:49,060 And homicide trials tend to be long. 166 00:06:49,060 --> 00:06:51,030 You will be relieved to learn, however, 167 00:06:51,030 --> 00:06:53,100 that here, it will be short. 168 00:06:53,100 --> 00:06:55,140 It is uncontroverted, which means that you can 169 00:06:55,140 --> 00:06:58,170 accept it as fact, right now. 170 00:06:58,170 --> 00:07:01,060 The defendant shot an unarmed man 171 00:07:01,060 --> 00:07:05,050 at point-blank five times, killing him. 172 00:07:05,050 --> 00:07:06,190 Now, defense counsel, I suspect, 173 00:07:06,190 --> 00:07:09,040 might try to put the victim on trial here, 174 00:07:09,040 --> 00:07:11,080 tell you he was a bad guy. 175 00:07:11,080 --> 00:07:13,080 Perhaps he was. 176 00:07:13,080 --> 00:07:15,230 But he's not on trial. 177 00:07:15,230 --> 00:07:17,100 He is. 178 00:07:17,100 --> 00:07:19,220 The victim didn't have a gun. 179 00:07:19,220 --> 00:07:21,000 He did. 180 00:07:21,000 --> 00:07:23,230 The victim didn't kill anybody. 181 00:07:23,230 --> 00:07:25,070 He did. 182 00:07:25,070 --> 00:07:27,050 Now, it's possible the defense 183 00:07:27,050 --> 00:07:31,090 might endeavor to convince you their client's a good man. 184 00:07:31,090 --> 00:07:33,100 Perhaps he is, 185 00:07:33,100 --> 00:07:37,010 though in my experience, good men don't execute people. 186 00:07:37,010 --> 00:07:38,230 All I will ask: 187 00:07:38,230 --> 00:07:41,050 do not let yourselves be drawn 188 00:07:41,050 --> 00:07:44,110 into good guy, bad guy arguments. 189 00:07:44,110 --> 00:07:46,220 This isn't about who he is 190 00:07:46,220 --> 00:07:48,190 or what he is. 191 00:07:48,190 --> 00:07:53,090 This is about what he did. 192 00:07:53,090 --> 00:07:57,010 What he did was to shoot a man 193 00:07:57,010 --> 00:08:00,170 three times in the chest 194 00:08:00,170 --> 00:08:03,090 and then twice in the head. 195 00:08:03,090 --> 00:08:06,050 What he did 196 00:08:06,050 --> 00:08:09,030 was commit a horrific murder. 197 00:08:21,140 --> 00:08:23,100 - The evidence will show the victim, 198 00:08:23,100 --> 00:08:26,110 Raymond Breyer, terrorized my client 199 00:08:26,110 --> 00:08:28,010 and my client's family. 200 00:08:28,010 --> 00:08:29,080 His wife, Meredith, 201 00:08:29,080 --> 00:08:30,170 sitting there, their two children, 202 00:08:30,170 --> 00:08:32,130 who visited almost every weekend. 203 00:08:32,130 --> 00:08:35,150 The evidence will show that after being stalked, 204 00:08:35,150 --> 00:08:37,200 threatened with violence, and vandalized, 205 00:08:37,200 --> 00:08:39,090 Professor Pearson purchased a gun 206 00:08:39,090 --> 00:08:41,010 to protect his family. 207 00:08:41,010 --> 00:08:43,140 The evidence will show that Professor Pearson 208 00:08:43,140 --> 00:08:46,090 picked up that gun, in fact, to protect himself 209 00:08:46,090 --> 00:08:48,030 when Mr. Breyer showed up at his doorstep 210 00:08:48,030 --> 00:08:51,150 in a paranoid, schizophrenic state, 211 00:08:51,150 --> 00:08:54,000 to protect himself from a deranged person 212 00:08:54,000 --> 00:08:56,070 with a past history of violence. 213 00:08:56,070 --> 00:08:58,130 When you listen to all of the evidence carefully, 214 00:08:58,130 --> 00:09:01,060 you will see that Mr. Breyer posed a life threat 215 00:09:01,060 --> 00:09:03,200 to Mr. Pearson and his family. 216 00:09:03,200 --> 00:09:05,230 Now, I'm not surprised the prosecution 217 00:09:05,230 --> 00:09:07,120 wants you to take the question 218 00:09:07,120 --> 00:09:09,100 of who's the good guy out of the equation, 219 00:09:09,100 --> 00:09:13,080 because the evidence will show Anderson Pearson to be... 220 00:09:18,020 --> 00:09:20,100 I suppose I should admit a bias. 221 00:09:20,100 --> 00:09:22,060 He was my law professor, 222 00:09:22,060 --> 00:09:25,020 and I, like many of my classmates, 223 00:09:25,020 --> 00:09:29,020 walked out of law school aspiring 224 00:09:29,020 --> 00:09:31,220 to be him. 225 00:09:31,220 --> 00:09:34,080 He's a very good man. 226 00:09:39,090 --> 00:09:41,010 The thing about law school, 227 00:09:41,010 --> 00:09:44,170 we all go in dreaming of someday arguing the big case. 228 00:09:44,170 --> 00:09:47,140 And the biggest cases, 229 00:09:47,140 --> 00:09:49,080 it's usually a murder trial 230 00:09:49,080 --> 00:09:51,020 where your client is not only innocent, 231 00:09:51,020 --> 00:09:52,160 but heroic, even, 232 00:09:52,160 --> 00:09:57,030 and he's somebody you care deeply about, 233 00:09:57,030 --> 00:10:00,090 somebody you desperately want to save, 234 00:10:00,090 --> 00:10:05,050 not just from prison, but from injustice. 235 00:10:05,050 --> 00:10:09,030 This is my big case. 236 00:10:21,230 --> 00:10:23,140 LUCY: Donnell, Young, and Frutt. 237 00:10:23,140 --> 00:10:24,190 LINDSAY: And Dole. - And Dole. 238 00:10:24,190 --> 00:10:26,140 Hi, Lindsay. 239 00:10:26,140 --> 00:10:28,160 - Eugene, they're not even looking for anybody else. 240 00:10:28,160 --> 00:10:29,220 - They usually don't, Ellenor, 241 00:10:29,220 --> 00:10:31,180 when they think they got a guy. 242 00:10:31,180 --> 00:10:33,090 To them, this case is solved, 243 00:10:33,090 --> 00:10:34,210 which means we got to investigate, 244 00:10:34,210 --> 00:10:36,200 and we start by making two lists. 245 00:10:36,200 --> 00:10:39,180 One: who would want to frame George Vogelman? 246 00:10:39,180 --> 00:10:42,030 Two: who would want Susan Robin dead? 247 00:10:42,030 --> 00:10:43,100 It's possible George 248 00:10:43,100 --> 00:10:44,170 just represented somebody's chance 249 00:10:44,170 --> 00:10:46,030 to get away with murder, 250 00:10:46,030 --> 00:10:48,170 and this whole thing is more about that. 251 00:10:48,170 --> 00:10:50,220 - Just got a little inside tip from Lindsay. 252 00:10:50,220 --> 00:10:52,130 Helen told her. 253 00:10:52,130 --> 00:10:54,220 George and the victim did not leave the bar together. 254 00:10:59,040 --> 00:11:01,090 - Did he make any statement to the effect 255 00:11:01,090 --> 00:11:03,120 that he thought the victim was armed? 256 00:11:03,120 --> 00:11:05,020 - No, he didn't. 257 00:11:05,020 --> 00:11:06,100 - And detective, 258 00:11:06,100 --> 00:11:07,160 was there any evidence of a struggle? 259 00:11:07,160 --> 00:11:09,030 - No, sir. 260 00:11:09,030 --> 00:11:11,100 - Any evidence that suggested that the victim 261 00:11:11,100 --> 00:11:13,190 could have been moving toward the defendant? 262 00:11:13,190 --> 00:11:15,080 - No. 263 00:11:15,080 --> 00:11:17,060 We concluded the victim was standing flat-footed, 264 00:11:17,060 --> 00:11:19,020 about 40 inches away from the defendant 265 00:11:19,020 --> 00:11:20,020 at the time of shooting. 266 00:11:20,020 --> 00:11:21,200 - How could you tell that? 267 00:11:21,200 --> 00:11:23,120 - The powder burns on the victim, 268 00:11:23,120 --> 00:11:26,120 footprints, the defendant's statement. 269 00:11:26,120 --> 00:11:28,060 He said so himself. 270 00:11:28,060 --> 00:11:30,140 - In fact, Mr. Pearson was very forthcoming, wasn't he? 271 00:11:30,140 --> 00:11:32,060 - Yes. 272 00:11:32,060 --> 00:11:34,030 - And it was Mr. Pearson's wife that called the police. 273 00:11:34,030 --> 00:11:35,170 - That's correct. 274 00:11:35,170 --> 00:11:39,050 - Did the Pearsons ever ask the police to do something, 275 00:11:39,050 --> 00:11:40,180 to protect them from Mr. Breyer? 276 00:11:40,180 --> 00:11:42,180 - They did. - And how did you respond? 277 00:11:42,180 --> 00:11:44,160 - We advised them to seek a restraining order. 278 00:11:44,160 --> 00:11:46,060 - And to your knowledge, 279 00:11:46,060 --> 00:11:47,180 they got a restraining order, didn't they? 280 00:11:47,180 --> 00:11:49,150 - Yes, they did. 281 00:11:49,150 --> 00:11:52,110 - And yet, here was Mr. Breyer again, 282 00:11:52,110 --> 00:11:53,200 coming to their house. 283 00:11:53,200 --> 00:11:55,110 - That seems to be the case. 284 00:11:55,110 --> 00:11:57,140 - And this Mr. Breyer, he had a police record, correct? 285 00:11:57,140 --> 00:11:58,140 - That's correct. 286 00:11:58,140 --> 00:12:00,000 - Three assault convictions, 287 00:12:00,000 --> 00:12:02,130 one battery with a tire iron. 288 00:12:02,130 --> 00:12:05,010 Did you also have knowledge that he was a paranoid schizophrenic? 289 00:12:05,010 --> 00:12:06,210 - I have knowledge of it today, yes, I do. 290 00:12:06,210 --> 00:12:09,150 - If he were harassing you, Detective, 291 00:12:09,150 --> 00:12:12,060 and he rang your doorbell one night, 292 00:12:12,060 --> 00:12:15,110 would you answer the door without your gun? 293 00:12:15,110 --> 00:12:16,230 - Probably not. 294 00:12:16,230 --> 00:12:19,060 - Thank you. 295 00:12:23,170 --> 00:12:25,220 - Would you shoot him five times? 296 00:12:25,220 --> 00:12:27,130 - No, I wouldn't. 297 00:12:30,180 --> 00:12:33,080 JUDGE HILLER: The witness may step down. 298 00:12:33,080 --> 00:12:34,160 Mr. Bullock? 299 00:12:42,230 --> 00:12:46,080 - The Commonwealth rests, Your Honor. 300 00:12:46,080 --> 00:12:54,070 ♪ ♪ 301 00:13:05,150 --> 00:13:08,060 - Maybe it's good. - It's not good! 302 00:13:08,060 --> 00:13:10,160 You don't just put up one witness in a murder trial. 303 00:13:10,160 --> 00:13:12,100 - So what are they up to? 304 00:13:12,100 --> 00:13:14,110 - My bet is they're saving their case for rebuttal, 305 00:13:14,110 --> 00:13:16,100 hoping to get you in a lie. 306 00:13:16,100 --> 00:13:17,100 - But he's admitted everything. 307 00:13:17,100 --> 00:13:18,130 What's to impeach? 308 00:13:18,130 --> 00:13:20,170 - Is there anything? - No. 309 00:13:20,170 --> 00:13:22,180 - Well, if you make a single mistake of fact up there, 310 00:13:22,180 --> 00:13:24,100 they'll put up the coroner or whoever 311 00:13:24,100 --> 00:13:26,140 to paint it as a lie. 312 00:13:26,140 --> 00:13:28,120 That's what this is about. 313 00:13:28,120 --> 00:13:29,150 Smart. 314 00:13:29,150 --> 00:13:31,030 - Except if we don't put him on, 315 00:13:31,030 --> 00:13:33,150 those experts can't testify at all now. 316 00:13:33,150 --> 00:13:35,030 - They satisfied their burden. 317 00:13:35,030 --> 00:13:37,010 He has to go up. 318 00:13:37,010 --> 00:13:38,120 Go over the autopsy reports with him. 319 00:13:38,120 --> 00:13:39,190 I got to get a hold of Dr. Matthews 320 00:13:39,190 --> 00:13:41,060 and our weapons guy. 321 00:13:41,060 --> 00:13:43,150 They could be taking the stand by tomorrow. 322 00:13:43,150 --> 00:13:45,040 I'll see you after lunch. 323 00:13:57,050 --> 00:14:00,100 - This isn't that perverted. 324 00:14:00,100 --> 00:14:02,060 I mean, at least it's film. 325 00:14:02,060 --> 00:14:03,210 Some of the stuff on videotape... 326 00:14:03,210 --> 00:14:06,080 - That last scene had some sadomasochism going on. 327 00:14:06,080 --> 00:14:07,230 - You have to suppress this, Ellenor. 328 00:14:07,230 --> 00:14:09,220 - Well, you can get this late at night on Showtime, 329 00:14:09,220 --> 00:14:11,000 I mean, what's the-- 330 00:14:11,000 --> 00:14:13,210 oh, not that, you can't. 331 00:14:13,210 --> 00:14:15,070 - If this gets admitted into evidence, 332 00:14:15,070 --> 00:14:16,180 George is gonna look like a sicko-- 333 00:14:16,180 --> 00:14:18,070 - Let's mark up a motion to suppress. 334 00:14:18,070 --> 00:14:20,030 Jimmy, I could use that research you did on Davis. 335 00:14:20,030 --> 00:14:21,170 - All right, I can pull it right up. 336 00:14:21,170 --> 00:14:24,170 You know, I think two women together can be sensual. 337 00:14:24,170 --> 00:14:26,060 - Well great. 338 00:14:26,060 --> 00:14:28,120 We'll call you up as a character witness. 339 00:14:32,160 --> 00:14:34,100 - He would call. 340 00:14:34,100 --> 00:14:36,180 He would drive by the house. 341 00:14:36,180 --> 00:14:38,080 He was terrifying us. 342 00:14:38,080 --> 00:14:40,130 - You said he would call. 343 00:14:40,130 --> 00:14:41,200 Did you talk to him? 344 00:14:41,200 --> 00:14:43,020 - Well, at first we answered, 345 00:14:43,020 --> 00:14:45,170 but then we knew better than to pick up, 346 00:14:45,170 --> 00:14:47,090 so he began leaving messages. 347 00:14:47,090 --> 00:14:48,160 - What kind of messages? 348 00:14:48,160 --> 00:14:51,020 - Most of them were along the lines of, 349 00:14:51,020 --> 00:14:53,200 "You think you're better than I am because you're rich, 350 00:14:53,200 --> 00:14:56,150 but money can't buy your health, you know." 351 00:14:56,150 --> 00:14:58,020 He did say that all the time. 352 00:14:58,020 --> 00:15:00,010 - And when you got the restraining order? 353 00:15:00,010 --> 00:15:01,070 - Well, it stopped for a few weeks. 354 00:15:01,070 --> 00:15:03,090 Then--well, one morning I went out, 355 00:15:03,090 --> 00:15:05,120 and I saw the garage had been broken into, 356 00:15:05,120 --> 00:15:08,090 my car had been scraped, a window had been smashed. 357 00:15:08,090 --> 00:15:09,190 - Mr. Breyer did it? 358 00:15:09,190 --> 00:15:13,050 - Yeah, we can only assume. 359 00:15:13,050 --> 00:15:15,230 A few days later, 360 00:15:15,230 --> 00:15:18,060 we were watching television at night. 361 00:15:22,230 --> 00:15:27,070 I got up to go to the kitchen, 362 00:15:27,070 --> 00:15:29,090 and there he was at the window. 363 00:15:29,090 --> 00:15:32,050 - So what did you do? - I called the police. 364 00:15:32,050 --> 00:15:33,060 They said they'd arrest him. 365 00:15:33,060 --> 00:15:35,020 - Did they? - No. 366 00:15:35,020 --> 00:15:39,040 On the next night, I had just gotten home. 367 00:15:39,040 --> 00:15:41,180 It was barely dark, 368 00:15:41,180 --> 00:15:46,010 and suddenly Meredith yelled, "He's back!" 369 00:15:51,080 --> 00:15:53,160 I looked out, and there he was 370 00:15:53,160 --> 00:15:55,040 coming up the walkway. 371 00:15:55,040 --> 00:15:57,000 BOBBY: So what did you do? 372 00:15:57,000 --> 00:15:59,120 ANDERSON: I went and got my gun. BOBBY: You keep a gun. 373 00:15:59,120 --> 00:16:02,100 ANDERSON: Well, I bought it because of this man. 374 00:16:02,100 --> 00:16:04,140 - And when you went to get your gun, 375 00:16:04,140 --> 00:16:07,140 was if your intent to use it? 376 00:16:07,140 --> 00:16:10,020 - My intent was to let him know I was armed, 377 00:16:10,020 --> 00:16:12,100 and I would use it to protect myself or my family. 378 00:16:12,100 --> 00:16:14,030 - So what happened? 379 00:16:14,030 --> 00:16:16,160 - I opened the door, and he... 380 00:16:18,120 --> 00:16:21,170 He held up my cat. 381 00:16:21,170 --> 00:16:23,020 It was dead. 382 00:16:23,020 --> 00:16:25,070 It looked as if it had been strangled. 383 00:16:25,070 --> 00:16:27,060 - And then what happened? 384 00:16:27,060 --> 00:16:29,080 ANDERSON: He dropped it at my feet, 385 00:16:29,080 --> 00:16:33,210 said, "Something seems to be wrong with your cat." 386 00:16:35,130 --> 00:16:40,040 The next thing I remember, I was raising my gun, 387 00:16:40,040 --> 00:16:41,040 pointing it at him. 388 00:16:41,040 --> 00:16:42,140 I threatened him. 389 00:16:42,140 --> 00:16:44,180 I told him if he ever tried to hurt us-- 390 00:16:44,180 --> 00:16:46,050 - And how did he respond? 391 00:16:46,050 --> 00:16:47,200 - Well, he--he--he mocked me. 392 00:16:47,200 --> 00:16:48,200 How could he hurt us? 393 00:16:48,200 --> 00:16:50,070 He was just a mouse. 394 00:16:50,070 --> 00:16:52,020 And then--then he said 395 00:16:52,020 --> 00:16:55,080 "Maybe it was a mouse that got your cat." 396 00:16:55,080 --> 00:16:59,060 And--and I could see it 397 00:16:59,060 --> 00:17:00,120 in his eyes. 398 00:17:00,120 --> 00:17:01,130 BOBBY: See what? 399 00:17:01,130 --> 00:17:04,050 - He was going to hurt us. 400 00:17:04,050 --> 00:17:06,010 - Then what? 401 00:17:06,010 --> 00:17:08,200 - The next thing I remember, the gun was going off, 402 00:17:08,200 --> 00:17:12,060 and he was falling backwards. 403 00:17:12,060 --> 00:17:13,120 Meredith was screaming, 404 00:17:13,120 --> 00:17:17,060 and he was lying there bleeding. 405 00:17:20,070 --> 00:17:23,040 - You shot him. 406 00:17:23,040 --> 00:17:24,210 - Yes. 407 00:17:24,210 --> 00:17:26,090 - Professor Pearson, 408 00:17:26,090 --> 00:17:31,090 did you willfully shoot this man? 409 00:17:31,090 --> 00:17:33,010 - I don't know. 410 00:17:33,010 --> 00:17:34,110 - You don't know. 411 00:17:34,110 --> 00:17:37,220 - But I felt myself getting angry, 412 00:17:37,220 --> 00:17:39,120 and I looked at the cat, 413 00:17:39,120 --> 00:17:42,080 and my hand, it just clenched, 414 00:17:42,080 --> 00:17:43,220 and I was squeezing the gun, 415 00:17:43,220 --> 00:17:46,150 and bullets were coming out. 416 00:17:46,150 --> 00:17:51,060 It was not something I decided to do. 417 00:17:51,060 --> 00:17:55,110 It just--it just happened. 418 00:17:55,110 --> 00:18:03,090 ♪ ♪ 419 00:18:09,180 --> 00:18:13,210 - Give me one reason I should speak to you. 420 00:18:13,210 --> 00:18:15,040 - The reason is, I don't think 421 00:18:15,040 --> 00:18:18,010 George Vogelman killed your daughter. 422 00:18:18,010 --> 00:18:19,140 - You're being paid to think that. 423 00:18:19,140 --> 00:18:22,020 - I get paid to represent him. 424 00:18:22,020 --> 00:18:24,070 What I think isn't up for sale. 425 00:18:24,070 --> 00:18:27,000 - Well, the police seem pretty sure. 426 00:18:27,000 --> 00:18:29,200 - Look, given the circumstances, it's pretty easy to be convinced 427 00:18:29,200 --> 00:18:32,040 that Mr. Vogelman is involved. 428 00:18:32,040 --> 00:18:34,130 I'm here making room for the possibility 429 00:18:34,130 --> 00:18:37,160 that the real killer is still out there. 430 00:18:37,160 --> 00:18:39,140 That's why I've come to talk. 431 00:18:42,180 --> 00:18:45,100 The people I've spoken with, 432 00:18:45,100 --> 00:18:47,020 they say that it's not normal behavior 433 00:18:47,020 --> 00:18:48,210 for Susan to go to some bar alone. 434 00:18:48,210 --> 00:18:49,210 - It isn't. 435 00:18:49,210 --> 00:18:50,210 - Well, could she have been 436 00:18:50,210 --> 00:18:51,220 upset about something? 437 00:18:51,220 --> 00:18:53,090 Mr. Vogelman said that when he 438 00:18:53,090 --> 00:18:55,000 first started speaking with her, she seemed sad. 439 00:18:55,000 --> 00:18:56,150 Is it possible 440 00:18:56,150 --> 00:18:57,210 that she could have gone to the bar 441 00:18:57,210 --> 00:18:59,080 to drown out some kind of sorrow? 442 00:18:59,080 --> 00:19:00,170 - I don't know. 443 00:19:00,170 --> 00:19:02,010 - What about her boyfriend? 444 00:19:02,010 --> 00:19:03,100 Were things good between them? 445 00:19:03,100 --> 00:19:06,200 - I think so. 446 00:19:06,200 --> 00:19:09,020 I know she loved him, which is another reason 447 00:19:09,020 --> 00:19:10,110 she wouldn't be going to some motel 448 00:19:10,110 --> 00:19:12,110 with a guy she met in a bar. 449 00:19:12,110 --> 00:19:13,180 - Well, could they have had a fight? 450 00:19:13,180 --> 00:19:15,020 I mean, was she depressed about that? 451 00:19:15,020 --> 00:19:16,090 Going to a bar to see if she could-- 452 00:19:16,090 --> 00:19:17,140 - If she was depressed, I doubt it was 453 00:19:17,140 --> 00:19:19,120 about her boyfriend, Mr. Young. 454 00:19:26,080 --> 00:19:29,140 I was just diagnosed with liver cancer. 455 00:19:29,140 --> 00:19:31,220 I don't have much time. 456 00:19:31,220 --> 00:19:33,220 But I still don't think she would deal with that 457 00:19:33,220 --> 00:19:35,230 by going to a bar. 458 00:19:38,060 --> 00:19:40,070 - That's wrong; we did leave together. 459 00:19:40,070 --> 00:19:42,040 - Well, they've got witnesses saying you didn't. 460 00:19:42,040 --> 00:19:44,080 - We didn't walk out the door together. 461 00:19:44,080 --> 00:19:46,160 I went first, because my car was parked a ways off. 462 00:19:46,160 --> 00:19:47,160 I went to get it. 463 00:19:47,160 --> 00:19:49,090 I drove back to pick her up. 464 00:19:49,090 --> 00:19:51,050 - Did anybody see her get in the car with you? 465 00:19:51,050 --> 00:19:52,110 - I don't know. 466 00:19:52,110 --> 00:19:54,050 What, they think I abducted her now? 467 00:19:54,050 --> 00:19:55,220 - Why did you go to a motel, George? 468 00:19:55,220 --> 00:19:57,100 You've got your place; she has hers. 469 00:19:57,100 --> 00:19:58,120 Why a motel? 470 00:19:58,120 --> 00:20:02,030 - What--it seemed more romantic. 471 00:20:02,030 --> 00:20:03,050 I don't know. 472 00:20:03,050 --> 00:20:04,130 My place was a mess. 473 00:20:04,130 --> 00:20:06,060 - Too many videotapes strewn about? 474 00:20:06,060 --> 00:20:08,000 - You know what, Ellenor? 475 00:20:08,000 --> 00:20:09,130 - I'm just asking the questions they'll be asking. 476 00:20:09,130 --> 00:20:13,020 - If you have any question as to my innocence, 477 00:20:13,020 --> 00:20:16,000 get up and walk away. 478 00:20:16,000 --> 00:20:17,170 I'll find somebody else. 479 00:20:21,190 --> 00:20:25,080 She had her head cut off, for God's sakes. 480 00:20:34,110 --> 00:20:38,040 - I have a motion scheduled to suppress the videotapes. 481 00:20:38,040 --> 00:20:39,190 We don't want them coming into evidence. 482 00:20:43,000 --> 00:20:46,170 I have no doubt the prosecution will try to use them. 483 00:20:46,170 --> 00:20:54,150 ♪ ♪ 484 00:21:02,060 --> 00:21:04,140 Is there anything else you need? 485 00:21:04,140 --> 00:21:07,050 Anybody I can call for you? 486 00:21:07,050 --> 00:21:08,230 - No. 487 00:21:20,070 --> 00:21:22,230 - You say that your hand just squeezed, 488 00:21:22,230 --> 00:21:24,190 and bullets started coming out? 489 00:21:24,190 --> 00:21:25,190 - Yes. 490 00:21:25,190 --> 00:21:27,060 - Did you squeeze just once, 491 00:21:27,060 --> 00:21:29,020 or did you squeeze five times? 492 00:21:29,020 --> 00:21:30,020 - I don't remember. 493 00:21:30,020 --> 00:21:31,120 - You don't remember. 494 00:21:31,120 --> 00:21:33,180 - I was probably in shock, Mr. Bullock. 495 00:21:33,180 --> 00:21:34,180 Enraged. 496 00:21:34,180 --> 00:21:36,170 The man had killed my cat. 497 00:21:36,170 --> 00:21:39,070 I was thinking probably he'd kill me, maybe my wife. 498 00:21:39,070 --> 00:21:42,030 - Did you think he was about to kill you or your wife 499 00:21:42,030 --> 00:21:43,190 when you pulled the trigger? 500 00:21:43,190 --> 00:21:45,120 - Well no, not at that second, but-- 501 00:21:45,120 --> 00:21:49,010 - So you do have some memory of what you were thinking, 502 00:21:49,010 --> 00:21:51,110 and you did pull the trigger? 503 00:21:51,110 --> 00:21:54,020 - I didn't consciously pull it. 504 00:21:54,020 --> 00:21:55,230 It just went off. 505 00:21:55,230 --> 00:21:57,230 - Five times! - Yes. 506 00:21:57,230 --> 00:22:00,130 - See, this is what I have a problem with. 507 00:22:00,130 --> 00:22:02,000 The squeeze and release, 508 00:22:02,000 --> 00:22:04,210 the squeeze and release, the squeeze and release, 509 00:22:04,210 --> 00:22:06,080 the squeeze and release, 510 00:22:06,080 --> 00:22:07,140 the squeeze and release. 511 00:22:07,140 --> 00:22:09,160 Which, I am told, is the only way 512 00:22:09,160 --> 00:22:12,220 this weapon could possibly have gone off five times. 513 00:22:12,220 --> 00:22:15,100 Now, I have here the gun, 514 00:22:15,100 --> 00:22:17,060 though it's not loaded. 515 00:22:17,060 --> 00:22:18,080 Could you take this please? 516 00:22:18,080 --> 00:22:20,080 - Objection! - Objection! 517 00:22:20,080 --> 00:22:21,160 - He's already described what happened, 518 00:22:21,160 --> 00:22:23,030 I'd like him to demonstrate. 519 00:22:23,030 --> 00:22:24,170 - I'll allow it. - Your Honor-- 520 00:22:24,170 --> 00:22:26,010 - Come on, you got to be kidding me. 521 00:22:26,010 --> 00:22:27,090 - I'll allow it! 522 00:22:27,090 --> 00:22:29,000 Sit down, both of you. 523 00:22:31,070 --> 00:22:34,050 - Could you stand up, Mr. Pearson, and step out? 524 00:22:38,130 --> 00:22:40,040 I would like you to show us 525 00:22:40,040 --> 00:22:42,200 exactly how you were holding this gun 526 00:22:42,200 --> 00:22:45,130 when it went off five times. 527 00:22:53,180 --> 00:22:54,230 Could you squeeze, please? 528 00:22:54,230 --> 00:22:56,200 It's not loaded. - Objection! 529 00:22:56,200 --> 00:22:59,120 - Counsel, what else are you looking for? 530 00:22:59,120 --> 00:23:01,200 - I'd like him to make it click five times, Your Honor, 531 00:23:01,200 --> 00:23:03,200 see how this possibly could have happened. 532 00:23:03,200 --> 00:23:07,160 - Please show us, Mr. Pearson. 533 00:23:07,160 --> 00:23:15,140 ♪ ♪ 534 00:23:29,160 --> 00:23:32,110 - Thank you, Mr. Pearson. 535 00:23:32,110 --> 00:23:34,030 I'll take the gun back, please. 536 00:23:46,210 --> 00:23:50,190 - I'll say he possibly could have become violent. 537 00:23:50,190 --> 00:23:52,040 I won't go any further than that. 538 00:23:52,040 --> 00:23:53,130 - Doctor... 539 00:23:53,130 --> 00:23:55,140 - That's as far as I go, Mr. Donnell. 540 00:23:55,140 --> 00:23:57,230 I am limited to the truth. 541 00:23:57,230 --> 00:24:00,090 Am I not? 542 00:24:00,090 --> 00:24:03,000 - Yes. 543 00:24:03,000 --> 00:24:05,010 - I'll see you at the courthouse. 544 00:24:05,010 --> 00:24:07,160 - Doctor, we don't want you 545 00:24:07,160 --> 00:24:10,010 to do anything but tell the truth, 546 00:24:10,010 --> 00:24:12,020 but you don't know Anderson Pearson. 547 00:24:12,020 --> 00:24:14,160 There's no other way to say this. 548 00:24:14,160 --> 00:24:16,150 He needs you desperately. 549 00:24:30,020 --> 00:24:31,100 Where are we on Schramm? 550 00:24:31,100 --> 00:24:33,060 - Same. 551 00:24:33,060 --> 00:24:36,080 He'll say the gun could have possibly-- 552 00:24:36,080 --> 00:24:39,010 with the light trigger and the slightest squeeze. 553 00:24:39,010 --> 00:24:40,060 - He sunk himself. 554 00:24:40,060 --> 00:24:42,050 - It's not over. 555 00:24:44,020 --> 00:24:48,160 We still need only one juror. 556 00:24:48,160 --> 00:24:53,160 All he had to do was stick with, "I don't remember." 557 00:24:53,160 --> 00:24:55,180 I guess we should have coached him a little better. 558 00:24:55,180 --> 00:24:59,050 - Bobby, we did everything but suborn perjury as it was. 559 00:24:59,050 --> 00:25:02,020 Look, everybody in that room knows what really happened. 560 00:25:02,020 --> 00:25:03,200 Our job is still the same. 561 00:25:03,200 --> 00:25:06,100 We just need to find one juror to pretend otherwise. 562 00:25:08,090 --> 00:25:11,180 Like you say, this isn't over. 563 00:25:15,050 --> 00:25:17,140 - The videotapes would have no relevance whatsoever, 564 00:25:17,140 --> 00:25:19,100 except a comment on my client's character, 565 00:25:19,100 --> 00:25:20,230 which is totally inadmissible. 566 00:25:20,230 --> 00:25:22,050 - We'd be offering the tapes 567 00:25:22,050 --> 00:25:23,100 only to show a pattern, Your Honor. 568 00:25:23,100 --> 00:25:24,210 - A pattern? 569 00:25:24,210 --> 00:25:26,160 - Some of the tapes involve sexual scenes, 570 00:25:26,160 --> 00:25:28,090 which border on sadomasochism. 571 00:25:28,090 --> 00:25:31,080 We believe we can show a statistical correlation 572 00:25:31,080 --> 00:25:33,070 between the men who commit sex crimes-- 573 00:25:33,070 --> 00:25:36,040 - This is so ridiculous! - Can I finish? 574 00:25:36,040 --> 00:25:37,090 - This is a homicide case. 575 00:25:37,090 --> 00:25:39,020 It is not a sex crime. 576 00:25:39,020 --> 00:25:40,130 - We don't know that, Counsel. 577 00:25:40,130 --> 00:25:42,040 - There is no evidence of rape or forced-- 578 00:25:42,040 --> 00:25:45,210 - Nor is there any conclusive evidence 579 00:25:45,210 --> 00:25:47,210 that the intercourse didn't occur 580 00:25:47,210 --> 00:25:49,060 after she was headless. 581 00:25:52,030 --> 00:25:54,170 - Your Honor, as an officer of this court, 582 00:25:54,170 --> 00:25:55,220 I must go on record 583 00:25:55,220 --> 00:25:57,140 with my disgust with that comment. 584 00:25:57,140 --> 00:26:00,130 - Take exception all you want, but the fact remains-- 585 00:26:00,130 --> 00:26:03,090 - The police have never even suggested such a scenario. 586 00:26:03,090 --> 00:26:05,020 I doubt they even considered it. 587 00:26:05,020 --> 00:26:06,090 - Maybe they should. 588 00:26:08,160 --> 00:26:10,080 - Under the heading that depravity, too, 589 00:26:10,080 --> 00:26:11,210 can be in the eye of the beholder, 590 00:26:11,210 --> 00:26:13,120 I would ask that you be recused from this case. 591 00:26:13,120 --> 00:26:14,140 - Your Honor-- 592 00:26:14,140 --> 00:26:16,050 - I can tell you George Vogelman 593 00:26:16,050 --> 00:26:18,050 could not be capable of having such a sick thought. 594 00:26:18,050 --> 00:26:19,100 I would hate for him to be in the hands 595 00:26:19,100 --> 00:26:20,220 of a judge who could be. 596 00:26:20,220 --> 00:26:22,040 - Look, we're getting way off track now. 597 00:26:22,040 --> 00:26:24,080 The issue today is these videotapes. 598 00:26:24,080 --> 00:26:26,090 - I want to see the specific tapes 599 00:26:26,090 --> 00:26:28,020 we are talking about before-- 600 00:26:28,020 --> 00:26:30,010 - You would. - Ellenor. 601 00:26:30,010 --> 00:26:32,200 - I will see the tapes in question. 602 00:26:32,200 --> 00:26:35,190 Then I'll make my ruling. 603 00:26:40,050 --> 00:26:41,200 - Defense calls Dr. Walter Matthews 604 00:26:41,200 --> 00:26:43,180 to the stand. 605 00:26:43,180 --> 00:26:45,160 - Sidebar, Your Honor. 606 00:26:53,170 --> 00:26:56,100 We object to this witness on grounds of relevance. 607 00:26:56,100 --> 00:26:58,060 - What's your offer of proof? 608 00:26:58,060 --> 00:27:00,020 - Dr. Matthews will testify that Mr. Breyer 609 00:27:00,020 --> 00:27:02,050 posed a risk of danger to my client and his family. 610 00:27:02,050 --> 00:27:03,140 - Which might be relevant 611 00:27:03,140 --> 00:27:04,200 if you were arguing self-defense, 612 00:27:04,200 --> 00:27:07,050 but under the theory that Mr. Pearson 613 00:27:07,050 --> 00:27:09,210 involuntarily pulled the trigger, 614 00:27:09,210 --> 00:27:12,100 the victim's state of mind has no meaning. 615 00:27:12,100 --> 00:27:14,030 - I agree. - Your Honor. 616 00:27:14,030 --> 00:27:15,210 Panic, fear, anger. 617 00:27:15,210 --> 00:27:19,070 It all factored into my client clenching on to that gun 618 00:27:19,070 --> 00:27:22,150 to the extent that the victim posed a risk of bodily harm. 619 00:27:22,150 --> 00:27:25,150 - You're trying to squeeze in self-defense, Counsel. 620 00:27:25,150 --> 00:27:26,180 - We're not. 621 00:27:26,180 --> 00:27:28,060 - The only thing relevant 622 00:27:28,060 --> 00:27:30,050 is your client's state of mind. 623 00:27:30,050 --> 00:27:32,100 This witness has nothing to say to that. 624 00:27:32,100 --> 00:27:33,210 This witness will speak to the threat 625 00:27:33,210 --> 00:27:35,110 posed by the victim, 626 00:27:35,110 --> 00:27:37,060 which goes to Anderson Pearson's state of mind. 627 00:27:37,060 --> 00:27:39,020 - It's a nice try. 628 00:27:39,020 --> 00:27:41,000 - You are shutting down our whole defense. 629 00:27:41,000 --> 00:27:43,190 - I'm shutting down this guy. 630 00:27:43,190 --> 00:27:45,070 He's not relevant. 631 00:27:45,070 --> 00:27:47,070 - I want our objection noted for the record. 632 00:27:47,070 --> 00:27:49,050 - So noted. Step back. 633 00:27:51,110 --> 00:27:54,090 - Dr. Matthews, you're excused. 634 00:28:00,070 --> 00:28:01,120 - Get out of my face, Eugene. 635 00:28:01,120 --> 00:28:02,160 - I'm in your face, Ellenor, 636 00:28:02,160 --> 00:28:04,050 and I will stay in your face until-- 637 00:28:04,050 --> 00:28:05,160 - A guy says something like that in open court, 638 00:28:05,160 --> 00:28:06,190 I don't care if he's a judge, or-- 639 00:28:06,190 --> 00:28:08,080 - The point is to win a motion. 640 00:28:08,080 --> 00:28:09,090 You taking on a judge doesn't help us if-- 641 00:28:09,090 --> 00:28:10,190 - We already lost the motion. 642 00:28:10,190 --> 00:28:12,060 - You don't know that! - What happened? 643 00:28:12,060 --> 00:28:13,150 - She went ballistic on a judge in open court. 644 00:28:13,150 --> 00:28:15,150 - I did not go ballistic. - All right. 645 00:28:15,150 --> 00:28:18,190 - He suggested that my client had sex with a headless corpse. 646 00:28:18,190 --> 00:28:21,040 I'm supposed to just-- - Maybe he did us a favor. 647 00:28:21,040 --> 00:28:22,200 - What? 648 00:28:22,200 --> 00:28:24,140 - Well, now we got an idea of how people see things. 649 00:28:24,140 --> 00:28:26,170 Ellenor, this was a beautiful woman with a boyfriend. 650 00:28:26,170 --> 00:28:28,000 You ever ask yourself what the hell 651 00:28:28,000 --> 00:28:29,110 she's doing with George? 652 00:28:29,110 --> 00:28:30,230 Maybe you just assume a pretty girl 653 00:28:30,230 --> 00:28:32,150 would go to a motel with a schlub like him, 654 00:28:32,150 --> 00:28:33,210 but the jury won't. 655 00:28:33,210 --> 00:28:35,010 You keep looking at this and saying, 656 00:28:35,010 --> 00:28:36,090 "Of course he's innocent," 657 00:28:36,090 --> 00:28:38,020 but you're the only one doing that, 658 00:28:38,020 --> 00:28:39,220 and if you don't get some perspective real fast, 659 00:28:39,220 --> 00:28:41,160 than at least be a good lawyer and a good friend 660 00:28:41,160 --> 00:28:43,100 and tell George to hire himself a new attorney, 661 00:28:43,100 --> 00:28:45,080 'cause he didn't have a good one in court today. 662 00:28:48,170 --> 00:28:51,020 - It's an extremely light trigger. 663 00:28:51,020 --> 00:28:54,010 This is a sophisticated and sensitive firearm. 664 00:28:54,010 --> 00:28:56,100 - Now, you heard Mr. Pearson's testimony, 665 00:28:56,100 --> 00:28:59,070 that his hand clenched on the trigger, 666 00:28:59,070 --> 00:29:01,190 and five shots fired. 667 00:29:01,190 --> 00:29:03,230 Is that possible, Mr. Schramm? 668 00:29:03,230 --> 00:29:05,060 - If he squeezed the trigger one time, 669 00:29:05,060 --> 00:29:06,170 it would not be possible 670 00:29:06,170 --> 00:29:08,160 for the weapon to discharge five times, no. 671 00:29:11,090 --> 00:29:12,180 - Is it your testimony 672 00:29:12,180 --> 00:29:14,060 that it's impossible, Mr. Schramm? 673 00:29:14,060 --> 00:29:16,220 - The way he described it. 674 00:29:16,220 --> 00:29:18,110 I think what happened was this: 675 00:29:18,110 --> 00:29:22,130 his hand seized up a little, and it trembled, 676 00:29:22,130 --> 00:29:25,100 causing the fingers to shake, 677 00:29:25,100 --> 00:29:26,230 maybe even twitch a little bit. 678 00:29:26,230 --> 00:29:29,000 If that happened, it's not only possible 679 00:29:29,000 --> 00:29:31,090 for the gun to go off again and again. 680 00:29:31,090 --> 00:29:34,120 I would consider it likely. - Likely. 681 00:29:34,120 --> 00:29:35,190 - Yeah, you have to understand 682 00:29:35,190 --> 00:29:39,000 this gun has an automatic recoil. 683 00:29:39,000 --> 00:29:41,180 If his hand is trembling, pulling at the trigger-- 684 00:29:41,180 --> 00:29:43,090 but not pulling too hard-- 685 00:29:43,090 --> 00:29:47,230 it will recoil automatically and fire automatically. 686 00:29:47,230 --> 00:29:51,150 It's extremely plausible. 687 00:29:51,150 --> 00:29:52,220 - Thank you. 688 00:29:52,220 --> 00:29:54,170 - Not only do I reject that likelihood, 689 00:29:54,170 --> 00:29:57,020 I'm offended by Mr. Schramm's testimony. 690 00:29:57,020 --> 00:29:58,160 - Why is that, sir? 691 00:29:58,160 --> 00:30:01,000 - Well, as manufacturer of this particular firearm, 692 00:30:01,000 --> 00:30:05,120 I take exception to the notion that these weapons just go off 693 00:30:05,120 --> 00:30:07,100 with the tremble of a finger. 694 00:30:07,100 --> 00:30:08,180 It's preposterous. 695 00:30:08,180 --> 00:30:10,110 You have to pull, 696 00:30:10,110 --> 00:30:12,110 semiautomatic or not. 697 00:30:12,110 --> 00:30:14,060 - Of course, if these guns could go off 698 00:30:14,060 --> 00:30:16,110 with a trembling squeeze, you might be exposed 699 00:30:16,110 --> 00:30:18,100 to a massive product liability action. 700 00:30:18,100 --> 00:30:20,010 - Which is one of the reasons we wouldn't let the gun 701 00:30:20,010 --> 00:30:21,170 be so temperamental. 702 00:30:21,170 --> 00:30:23,040 - And also a reason you'd be be sitting in court 703 00:30:23,040 --> 00:30:24,230 spouting that it could never happen. 704 00:30:28,150 --> 00:30:30,180 - I can't say the morning went well, 705 00:30:30,180 --> 00:30:32,180 but Schramm was much better than I ever thought. 706 00:30:32,180 --> 00:30:34,030 The trembling fingers. 707 00:30:34,030 --> 00:30:36,000 He could have bought us reasonable doubt. 708 00:30:36,000 --> 00:30:38,200 - So where are we? 709 00:30:38,200 --> 00:30:40,110 - I would love to be able to put on a witness 710 00:30:40,110 --> 00:30:42,180 who saw your hand start to shake. 711 00:30:42,180 --> 00:30:45,180 - If we had that to back up Schram's testimony-- 712 00:30:45,180 --> 00:30:49,000 plus we could end on an emotional high point. 713 00:30:49,000 --> 00:30:50,130 Otherwise... 714 00:30:53,100 --> 00:30:56,050 I think we're still behind. 715 00:31:00,210 --> 00:31:02,190 - I saw his hand shake. 716 00:31:11,170 --> 00:31:13,040 - Are you sure? 717 00:31:13,040 --> 00:31:15,090 - I'm positive. 718 00:31:21,070 --> 00:31:22,050 - Good. 719 00:31:24,090 --> 00:31:25,220 Then you're up next. 720 00:31:38,130 --> 00:31:40,050 MEREDITH: He was pointing the gun, 721 00:31:40,050 --> 00:31:45,010 and I could just see his face going red. 722 00:31:45,010 --> 00:31:47,090 - Did you say anything to your husband? 723 00:31:47,090 --> 00:31:48,120 - No. 724 00:31:48,120 --> 00:31:49,190 - He's pointing a gun at a man, 725 00:31:49,190 --> 00:31:51,080 his face is going red, 726 00:31:51,080 --> 00:31:53,050 and you didn't say anything? 727 00:31:53,050 --> 00:31:54,130 - Like, "Put the gun down"? 728 00:31:54,130 --> 00:31:55,200 No. 729 00:31:55,200 --> 00:31:57,140 I thank God he had that gun, 730 00:31:57,140 --> 00:32:00,050 otherwise I didn't know what that man would do to us. 731 00:32:00,050 --> 00:32:04,170 - Mrs. Pearson, tell us what you saw next. 732 00:32:04,170 --> 00:32:07,020 - Everything seemed to go in slow motion, 733 00:32:07,020 --> 00:32:12,220 and then Anderson's hand started to shake. 734 00:32:12,220 --> 00:32:15,130 Not a lot, but he was trembling. 735 00:32:15,130 --> 00:32:18,160 He was standing there like a statue, 736 00:32:18,160 --> 00:32:21,110 and then suddenly, 737 00:32:21,110 --> 00:32:24,060 bullets just started coming out. 738 00:32:24,060 --> 00:32:27,000 - Mrs. Pearson, your husband 739 00:32:27,000 --> 00:32:30,000 is on trial here for executing a man. 740 00:32:30,000 --> 00:32:32,220 - And I'm telling you that's not how it happened. 741 00:32:36,080 --> 00:32:42,050 He is the most gentle man on earth. 742 00:32:42,050 --> 00:32:44,210 His hand... 743 00:32:49,150 --> 00:32:53,220 I would ask you to put yourself in his position, 744 00:32:53,220 --> 00:32:57,160 but it would be impossible for you to do so. 745 00:32:59,220 --> 00:33:01,160 - Thank you. 746 00:33:12,030 --> 00:33:14,070 - You love your husband very much. 747 00:33:14,070 --> 00:33:16,000 - Yes. 748 00:33:16,000 --> 00:33:17,230 - And you don't want to see him go to prison, do you? 749 00:33:17,230 --> 00:33:19,160 - Of course not. 750 00:33:19,160 --> 00:33:24,190 - When the police asked you that night what happened, 751 00:33:24,190 --> 00:33:29,200 you didn't tell them anything about any shaking hand, did you? 752 00:33:29,200 --> 00:33:33,080 - I was in shock that night. 753 00:33:33,080 --> 00:33:37,000 - Ah. 754 00:33:37,000 --> 00:33:38,170 Nothing further. 755 00:33:38,170 --> 00:33:41,170 [dramatic music] 756 00:33:41,170 --> 00:33:49,160 ♪ 757 00:33:54,010 --> 00:33:57,060 - George, I want to apologize for what happened this morning. 758 00:33:57,060 --> 00:33:58,150 I just lost it in there. 759 00:33:58,150 --> 00:34:01,050 When the judge said-- - I know. 760 00:34:01,050 --> 00:34:05,170 Thank you for losing it. 761 00:34:05,170 --> 00:34:07,220 - Okay, George. 762 00:34:07,220 --> 00:34:10,120 It's brutal truth time. 763 00:34:10,120 --> 00:34:12,140 Me first. 764 00:34:12,140 --> 00:34:16,200 The idea that you could do what happened to that girl, 765 00:34:16,200 --> 00:34:19,010 not only can I not believe it, 766 00:34:19,010 --> 00:34:23,190 but it might be impossible for me to believe it. 767 00:34:23,190 --> 00:34:26,020 You and I talked on the phone every night for a month. 768 00:34:26,020 --> 00:34:29,220 We shared some of our most intimate secrets, 769 00:34:29,220 --> 00:34:33,050 and the idea that I could have not seen-- 770 00:34:33,050 --> 00:34:34,150 - What are you saying? 771 00:34:38,050 --> 00:34:42,090 - I'm admitting that maybe I had some denial myself. 772 00:34:42,090 --> 00:34:43,220 Obviously, I don't want to admit 773 00:34:43,220 --> 00:34:45,180 that I could misjudge somebody so-- 774 00:34:45,180 --> 00:34:47,160 it's just possible that some of my own denial 775 00:34:47,160 --> 00:34:48,160 is what caused me-- 776 00:34:48,160 --> 00:34:53,110 - You're not sure 777 00:34:53,110 --> 00:34:55,190 about my innocence. 778 00:34:55,190 --> 00:34:58,030 - I believe that you're innocent. 779 00:35:01,150 --> 00:35:05,130 I'm just not necessarily sure that I can trust myself to... 780 00:35:09,190 --> 00:35:11,140 Forget about what I believe. 781 00:35:11,140 --> 00:35:13,200 Forget about what you want me to believe. 782 00:35:13,200 --> 00:35:16,010 You are in trouble, and you could go away for it, 783 00:35:16,010 --> 00:35:18,130 and your very best chance at not going away 784 00:35:18,130 --> 00:35:20,140 is by telling me the truth. 785 00:35:25,160 --> 00:35:27,010 Did you kill the girl? 786 00:35:29,140 --> 00:35:31,120 - No, Ellenor. 787 00:35:38,050 --> 00:35:41,030 But it doesn't really matter, does it? 788 00:35:43,090 --> 00:35:47,010 If I can't convince you, 789 00:35:47,010 --> 00:35:50,020 What chance do I have with 12 strangers? 790 00:35:50,020 --> 00:35:58,000 ♪ ♪ 791 00:36:04,180 --> 00:36:08,010 - We all know what really happened. 792 00:36:08,010 --> 00:36:11,010 When Mr. Breyer killed that cat, it was last straw. 793 00:36:11,010 --> 00:36:13,140 Can we understand why Anderson Pearson 794 00:36:13,140 --> 00:36:14,140 pulled that trigger? 795 00:36:14,140 --> 00:36:16,010 of course. 796 00:36:16,010 --> 00:36:19,170 Who amongst us wouldn't be tempted? 797 00:36:19,170 --> 00:36:22,040 He'd had enough. 798 00:36:22,040 --> 00:36:23,190 I don't think the defense counsel 799 00:36:23,190 --> 00:36:25,090 really expects you to believe 800 00:36:25,090 --> 00:36:29,010 that he involuntarily pulled the trigger. 801 00:36:29,010 --> 00:36:34,160 This all comes down to a simple bet. 802 00:36:34,160 --> 00:36:36,230 The defense is wagering 803 00:36:36,230 --> 00:36:41,170 that you will say, "To hell with the law," 804 00:36:41,170 --> 00:36:45,100 and endorse a vigilante. 805 00:36:45,100 --> 00:36:48,140 We bet, 806 00:36:48,140 --> 00:36:50,120 we hope... 807 00:36:52,230 --> 00:36:54,140 You won't. 808 00:37:02,040 --> 00:37:05,020 - How dare anybody say, "We all know"? 809 00:37:08,090 --> 00:37:09,180 None of us can pretend to know 810 00:37:09,180 --> 00:37:13,050 what that moment must've been like. 811 00:37:13,050 --> 00:37:16,070 When a man who has stalked you, 812 00:37:16,070 --> 00:37:19,020 a man who has vandalized your property, 813 00:37:19,020 --> 00:37:21,200 a man who was a diagnosed violent schizophrenic 814 00:37:21,200 --> 00:37:23,150 shows up at your front door, 815 00:37:23,150 --> 00:37:27,060 says he won't hurt you because he's just a mouse, 816 00:37:27,060 --> 00:37:31,020 the mouse that just strangled your cat. 817 00:37:31,020 --> 00:37:33,220 We all know? 818 00:37:33,220 --> 00:37:35,090 Like normal thought patterns 819 00:37:35,090 --> 00:37:37,210 go through your head at a moment like this? 820 00:37:37,210 --> 00:37:39,080 You heard Meredith Pearson 821 00:37:39,080 --> 00:37:41,140 tell you an hour ago it would be impossible 822 00:37:41,140 --> 00:37:44,060 to put yourself into my client's position. 823 00:37:44,060 --> 00:37:49,010 His hands started to tremble. 824 00:37:49,010 --> 00:37:52,130 His fingers slightly seized. 825 00:37:52,130 --> 00:37:54,010 The gun went off. 826 00:37:54,010 --> 00:37:56,160 You heard Anderson Pearson tell you that. 827 00:37:56,160 --> 00:37:58,220 Meredith Pearson saw it. 828 00:37:58,220 --> 00:38:00,150 John Schramm, an expert on this weapon, 829 00:38:00,150 --> 00:38:02,090 showed you how this kind of tremble, 830 00:38:02,090 --> 00:38:04,040 with the light trigger and the auto recoil, 831 00:38:04,040 --> 00:38:06,230 could cause this exact result. 832 00:38:06,230 --> 00:38:08,150 We all know. 833 00:38:08,150 --> 00:38:10,180 Like my associate predicted at the very start, 834 00:38:10,180 --> 00:38:12,190 the prosecution stayed far away from asking, 835 00:38:12,190 --> 00:38:14,000 "Who's the good good guy here?" 836 00:38:14,000 --> 00:38:16,110 Because that we do know. 837 00:38:16,110 --> 00:38:20,050 Anderson Pearson is no criminal. 838 00:38:20,050 --> 00:38:23,020 That we do know. 839 00:38:23,020 --> 00:38:26,180 The question here is, are you going to hand him 840 00:38:26,180 --> 00:38:30,070 a life sentence because we all know? 841 00:38:35,220 --> 00:38:38,230 It's just so easy, isn't it? 842 00:39:00,020 --> 00:39:08,000 ♪ ♪ 843 00:39:29,030 --> 00:39:32,230 I think we got a chance at a reasonable doubt, 844 00:39:32,230 --> 00:39:35,130 but what Bullock said, 845 00:39:35,130 --> 00:39:38,060 it rang pretty true in there. 846 00:39:38,060 --> 00:39:41,010 I'd like to offer manslaughter right now. 847 00:39:41,010 --> 00:39:44,020 Parole, you'd be out in three years. 848 00:39:44,020 --> 00:39:47,000 It's crazy for us to roll with the alternative. 849 00:39:48,140 --> 00:39:50,030 - Prison? 850 00:39:50,030 --> 00:39:54,020 - Three years is better than 18 to life, Meredith. 851 00:39:58,000 --> 00:39:59,190 Professor. 852 00:40:05,120 --> 00:40:07,060 Professor? 853 00:40:28,110 --> 00:40:30,130 Clock's ticking. 854 00:40:30,130 --> 00:40:33,130 We could come back. - I'm tempted. 855 00:40:33,130 --> 00:40:36,210 - We both win with manslaughter, Gavin. 856 00:40:36,210 --> 00:40:38,130 Three years. 857 00:40:38,130 --> 00:40:40,130 He shouldn't do more; he shouldn't do less. 858 00:40:40,130 --> 00:40:42,170 - I think he should do more, Bobby. 859 00:40:45,230 --> 00:40:49,180 - Four? 860 00:40:49,180 --> 00:40:53,080 4 1/2? 861 00:40:53,080 --> 00:40:54,200 - I'm gonna reject the offer. 862 00:40:54,200 --> 00:40:56,150 - You really think they want to put him away? 863 00:40:56,150 --> 00:40:58,130 - Do they want to? No. 864 00:40:58,130 --> 00:41:01,190 But will they? 865 00:41:01,190 --> 00:41:03,160 I'm staying with murder two. 866 00:41:13,040 --> 00:41:17,080 - You should have seen his face, Eugene, 867 00:41:17,080 --> 00:41:19,080 when I doubted him. 868 00:41:19,080 --> 00:41:23,020 He just fell from the inside out. 869 00:41:23,020 --> 00:41:26,210 I might as well have pronounced him dead. 870 00:41:26,210 --> 00:41:28,160 - You believe he's innocent. 871 00:41:28,160 --> 00:41:30,230 - I know it, Eugene. 872 00:41:30,230 --> 00:41:32,040 I know it. 873 00:41:35,030 --> 00:41:37,040 - Then we fight for him, Ellenor. 874 00:41:37,040 --> 00:41:38,110 Somebody else did it, 875 00:41:38,110 --> 00:41:40,100 we go to work on finding out who. 876 00:41:40,100 --> 00:41:41,160 We fight. 877 00:41:41,160 --> 00:41:43,230 - Will you first chair? 878 00:41:43,230 --> 00:41:45,120 I think I'm too close. 879 00:41:45,120 --> 00:41:48,030 - I'll first chair, 880 00:41:48,030 --> 00:41:50,070 and we'll win. 881 00:41:54,030 --> 00:41:55,180 - I'll hear it the same time you do. 882 00:41:55,180 --> 00:41:57,200 We'll all know in a second. 883 00:41:57,200 --> 00:41:59,170 - Mr. Donnell, are you feeling confident about an acquittal? 884 00:41:59,170 --> 00:42:00,170 - We have nothing to say. 885 00:42:00,170 --> 00:42:02,080 Please excuse us. 886 00:42:02,080 --> 00:42:04,120 - Are you surprised the jury came back so quickly? 887 00:42:10,070 --> 00:42:11,130 - They're televising it? 888 00:42:11,130 --> 00:42:13,000 - She let cameras in for the verdict. 889 00:42:13,000 --> 00:42:14,040 - How long were they out? 890 00:42:14,040 --> 00:42:15,150 - Less than two hours. 891 00:42:15,150 --> 00:42:16,190 What does that mean? 892 00:42:16,190 --> 00:42:18,130 - Acquittal. - Guilty. 893 00:42:23,170 --> 00:42:25,010 - Bring them in. 894 00:42:50,010 --> 00:42:52,120 Will the defendant please rise? 895 00:42:54,160 --> 00:42:55,230 Madam Foreperson, 896 00:42:55,230 --> 00:42:57,190 the jury has reached its verdict? 897 00:42:57,190 --> 00:42:59,090 - We have, Your Honor. 898 00:42:59,090 --> 00:43:00,170 - What say you? 899 00:43:00,170 --> 00:43:03,030 - Commonwealth versus Anderson Pearson, 900 00:43:03,030 --> 00:43:05,180 on the charge of murder in the second degree. 901 00:43:05,180 --> 00:43:09,090 We find the defendant Anderson Pearson guilty. 902 00:43:09,090 --> 00:43:11,040 MEREDITH: No! 903 00:43:11,040 --> 00:43:14,060 JUDGE HILLER: The bailiff will take the defendant into custody. 904 00:43:16,180 --> 00:43:18,010 - Andy... 905 00:43:18,010 --> 00:43:19,020 JUDGE HILLER: Members of the jury, 906 00:43:19,020 --> 00:43:20,020 we thank you for your service. 907 00:43:20,020 --> 00:43:21,100 - It'll be all right. 908 00:43:21,100 --> 00:43:22,150 Don't worry about me. - No, no! 909 00:43:22,150 --> 00:43:24,200 This matter is adjourned. 910 00:43:24,200 --> 00:43:32,190 ♪ ♪ 911 00:43:33,210 --> 00:43:35,060 - We'll appeal. 912 00:43:35,060 --> 00:43:37,020 We'll explore whatever options... 913 00:43:37,020 --> 00:43:45,000 ♪ ♪ 65823

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