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1
00:00:03,003 --> 00:00:04,170
When did this happen?
2
00:00:04,204 --> 00:00:05,405
Eight days ago.
3
00:00:05,438 --> 00:00:07,173
Why didn't the hospital
notify the police?
4
00:00:07,207 --> 00:00:09,042
Admitting says
he wasn't convinced
5
00:00:09,075 --> 00:00:10,677
a crime had been committed.
I don't believe him.
6
00:00:10,711 --> 00:00:12,513
He also says he wanted her
to heal first
7
00:00:12,546 --> 00:00:14,180
before asking
any tough questions.
8
00:00:14,214 --> 00:00:15,682
That may be true.
9
00:00:15,716 --> 00:00:16,750
She's been read her rights?
10
00:00:16,783 --> 00:00:18,151
Twice.
11
00:00:18,184 --> 00:00:19,385
She didn't ask
for a lawyer.
12
00:00:19,419 --> 00:00:21,354
She hasn't said anything.
She won't talk.
13
00:00:32,398 --> 00:00:35,702
Hi, Jenny.
My name's Helen Gamble.
14
00:00:35,736 --> 00:00:37,538
I'm the District Attorney.
15
00:00:38,705 --> 00:00:40,173
I know you're scared.
16
00:00:40,206 --> 00:00:42,142
Being brought in by the police--
17
00:00:42,175 --> 00:00:43,710
you must be terrified.
18
00:00:44,878 --> 00:00:47,113
But I'm not the police, okay?
19
00:00:47,147 --> 00:00:50,116
And I think
I can help you,
20
00:00:50,150 --> 00:00:52,118
but you're gonna
have to trust me first.
21
00:00:52,152 --> 00:00:54,454
I-I just want to leave.
22
00:00:54,487 --> 00:00:56,823
And I will
make sure you do.
23
00:00:58,258 --> 00:01:00,727
But first I...
24
00:01:00,761 --> 00:01:02,729
I just want you to tell me
what happened, okay?
25
00:01:03,764 --> 00:01:06,266
Now, Dr. Matthews said
you tried to kill yourself.
26
00:01:06,299 --> 00:01:07,367
Is that true?
27
00:01:09,302 --> 00:01:11,137
Can you tell me why?
28
00:01:11,171 --> 00:01:12,506
Because.
29
00:01:14,307 --> 00:01:16,209
I know this stuff is hard
to talk about,
30
00:01:16,242 --> 00:01:18,378
so tell you what--
31
00:01:18,411 --> 00:01:20,213
I'll tell you what
I do know,
32
00:01:20,246 --> 00:01:22,849
and you can fill in some
of the blanks, all right?
33
00:01:22,883 --> 00:01:24,851
Your mom threw you out
of the house.
34
00:01:24,885 --> 00:01:27,487
When did she
throw you out, Jenny?
35
00:01:27,521 --> 00:01:29,289
The day before.
36
00:01:29,322 --> 00:01:31,324
The day before you tried
to take your life.
37
00:01:31,357 --> 00:01:32,693
Yes.
38
00:01:32,726 --> 00:01:34,194
Did she throw you out
39
00:01:34,227 --> 00:01:36,196
because she was angry
that you were pregnant?
40
00:01:36,763 --> 00:01:37,764
Yes.
41
00:01:37,798 --> 00:01:39,866
And you were seven months.
42
00:01:42,669 --> 00:01:44,638
Why was she so upset?
Do you know?
43
00:01:46,673 --> 00:01:48,609
She used to always say,
44
00:01:48,642 --> 00:01:51,311
"Don't go
and get knocked up."
45
00:01:51,344 --> 00:01:53,313
It was a big thing with her.
46
00:01:53,346 --> 00:01:54,781
So when she found out,
47
00:01:54,815 --> 00:01:57,751
she kind of went berserk
and stuff.
48
00:01:57,784 --> 00:02:00,721
Told me my life
would be ruined and...
49
00:02:00,754 --> 00:02:02,122
I don't know.
50
00:02:02,388 --> 00:02:03,489
What about your dad?
51
00:02:03,524 --> 00:02:04,691
I don't have a dad.
52
00:02:05,959 --> 00:02:09,563
My mother doesn't even know
who he is or was.
53
00:02:12,298 --> 00:02:13,700
I think that's...
54
00:02:15,468 --> 00:02:17,170
She got knocked up.
55
00:02:18,805 --> 00:02:22,375
I was probably the baby
that ruined her life.
56
00:02:22,843 --> 00:02:23,877
You being pregnant,
57
00:02:23,910 --> 00:02:26,647
this was sort of
a huge disaster, huh?
58
00:02:26,680 --> 00:02:29,783
Were you upset when she
threw you out of the house?
59
00:02:29,816 --> 00:02:31,585
Yes.
60
00:02:32,318 --> 00:02:34,521
Is that the reason you tried
to kill yourself?
61
00:02:36,356 --> 00:02:37,524
Probably.
62
00:02:40,694 --> 00:02:42,529
Are you really
going to help me?
63
00:02:42,563 --> 00:02:44,230
You have my word.
64
00:02:47,634 --> 00:02:51,237
I saw that after
you stabbed yourself,
65
00:02:51,271 --> 00:02:53,339
I see you then got yourself
to a hospital.
66
00:02:56,743 --> 00:02:59,312
Did you then decide
you really wanted to live?
67
00:03:00,514 --> 00:03:02,749
Yeah. I mean,
it was hurting so bad,
68
00:03:02,783 --> 00:03:05,285
I just wanted the pain
to go away.
69
00:03:06,252 --> 00:03:07,921
Did you really think
you would kill yourself
70
00:03:07,954 --> 00:03:10,223
by stabbing yourself
in the stomach, Jenny?
71
00:03:11,491 --> 00:03:12,959
I don't know.
72
00:03:17,698 --> 00:03:19,800
When I was 19,
I got pregnant.
73
00:03:21,735 --> 00:03:22,969
I had an abortion.
74
00:03:23,704 --> 00:03:25,639
I was way too young
for a baby.
75
00:03:28,274 --> 00:03:29,510
What are you, 15?
76
00:03:31,678 --> 00:03:33,747
Look, it's okay.
77
00:03:33,780 --> 00:03:35,549
You need to talk
about this.
78
00:03:35,582 --> 00:03:37,751
You can't try
to bear this alone.
79
00:03:37,784 --> 00:03:39,953
Trust me.
80
00:03:39,986 --> 00:03:41,855
I tried to keep
everything inside,
81
00:03:41,888 --> 00:03:43,657
and it caused me more pain
82
00:03:43,690 --> 00:03:46,527
than anything else
in my whole life.
83
00:03:46,560 --> 00:03:49,495
It's okay to talk
about it, Jenny.
84
00:03:51,532 --> 00:03:54,735
When you stabbed yourself,
85
00:03:54,768 --> 00:03:57,571
you were only trying to kill
the baby, weren't you?
86
00:03:59,072 --> 00:04:02,843
It's okay, Jenny.
You're only 15 years old.
87
00:04:02,876 --> 00:04:04,711
For you to try
to raise a child,
88
00:04:04,745 --> 00:04:06,713
your mom had thrown you
out of the house...
89
00:04:08,949 --> 00:04:10,784
You were only trying
to kill the baby,
90
00:04:10,817 --> 00:04:12,619
isn't that right?
91
00:04:15,321 --> 00:04:19,292
You thought if you could
make the baby go away,
92
00:04:19,325 --> 00:04:20,961
things would be better.
93
00:04:24,364 --> 00:04:25,666
It's okay, sweetheart.
94
00:04:27,100 --> 00:04:28,602
I'm gonna help you.
95
00:04:30,637 --> 00:04:32,338
But first I'm going to
send someone in
96
00:04:32,372 --> 00:04:34,608
to write down the things
we talked about,
97
00:04:34,641 --> 00:04:36,510
then I'm going to
help you get out.
98
00:04:38,344 --> 00:04:39,680
I promise.
99
00:04:49,656 --> 00:04:50,991
Get her statement.
100
00:04:55,929 --> 00:04:58,298
(music playing)
101
00:05:41,775 --> 00:05:43,409
This is the first trial
of it's kind
102
00:05:43,443 --> 00:05:45,612
where a woman
is actually being charged
103
00:05:45,646 --> 00:05:47,080
with fornicating her husband
to death.
104
00:05:47,113 --> 00:05:48,915
Jeez, it's on every channel.
105
00:05:48,949 --> 00:05:50,784
MAN: And she's now accused
of inducing his heart attack
106
00:05:50,817 --> 00:05:52,553
with sexual intercourse.
107
00:05:52,586 --> 00:05:55,556
The defense firm of Donnell,
Young, Dole, and Frutt...
108
00:05:55,589 --> 00:05:57,423
Hey, I got to run down
to the courthouse.
109
00:05:57,457 --> 00:05:58,992
Favor for Helen--
some homicide case.
110
00:05:59,025 --> 00:06:00,961
Helen's asking a favor
on a homicide case?
111
00:06:00,994 --> 00:06:02,729
I'll call you
when I know more.
112
00:06:02,763 --> 00:06:04,397
...bother some men, however.
113
00:06:04,430 --> 00:06:07,433
In one of the more
amusing polls, 33 percent
114
00:06:07,467 --> 00:06:09,035
of the men said
they would nevertheless
115
00:06:09,069 --> 00:06:11,404
still want to have sex
with the black widow,
116
00:06:11,437 --> 00:06:14,107
fully knowing she might then
try to kill them.
117
00:06:14,140 --> 00:06:16,109
I would.
118
00:06:16,142 --> 00:06:17,878
Ew.
REBECCA: Jimmy.
119
00:06:17,911 --> 00:06:21,447
MAN: 32622-- Commonwealth
v. Jennifer Holbrook,
120
00:06:21,481 --> 00:06:22,549
murder in the first degree.
121
00:06:22,583 --> 00:06:23,984
Ellenor Frutt
for the defendant.
122
00:06:24,017 --> 00:06:26,119
Waive reading--
we enter a plea of not guilty.
123
00:06:26,152 --> 00:06:27,954
Helen Gamble
for the Commonwealth.
124
00:06:27,988 --> 00:06:29,523
Your Honor,
I'd like to conference.
125
00:06:29,556 --> 00:06:30,991
I think we can
dispose of it today.
126
00:06:31,024 --> 00:06:33,126
A first degree
murder case?
127
00:06:33,159 --> 00:06:34,761
I'd like to conference.
128
00:06:34,795 --> 00:06:39,132
Let's go.
129
00:06:39,165 --> 00:06:42,803
Jenny, I'm Ellenor Frutt,
and I'm your attorney here.
130
00:06:42,836 --> 00:06:45,005
And right now I'm going
to go back there,
131
00:06:45,038 --> 00:06:47,440
and I'm going to
talk to the judge and
the district attorney,
132
00:06:47,473 --> 00:06:49,442
and then I'm gonna come
back and talk to you, okay?
133
00:06:49,475 --> 00:06:50,977
Okay.
134
00:06:51,011 --> 00:06:52,946
Okay, it's very important
that you don't talk
135
00:06:52,979 --> 00:06:55,816
to anybody about this--
nobody.
136
00:06:55,849 --> 00:06:58,151
All right, I'll be back
in a few minutes.
137
00:07:01,522 --> 00:07:04,024
(reporters clamoring)
MAN: Mrs. Hanson,
how do you feel
138
00:07:04,057 --> 00:07:06,593
about being labeled
the black widow?
139
00:07:06,627 --> 00:07:08,128
Come on, guys,
just let us through.
140
00:07:08,161 --> 00:07:11,197
What about the deaths
of your other husbands?
141
00:07:11,231 --> 00:07:13,767
Are you worried about
being judged on your appearance
142
00:07:13,800 --> 00:07:15,168
and not the merits
of this case?
143
00:07:15,201 --> 00:07:17,137
BOBBY: It's a prior bad act
and inadmissible under--
144
00:07:17,170 --> 00:07:18,672
It goes to pattern, Your Honor.
145
00:07:18,705 --> 00:07:20,240
She killed her last husband,
she killed this one.
146
00:07:20,273 --> 00:07:22,776
She killed neither,
and two cannot make
a pattern, anyway.
147
00:07:22,809 --> 00:07:25,746
She could have killed
her first husband as well.
That would make three.
148
00:07:25,779 --> 00:07:27,914
Her first husband died
of cancer. What are you saying?
149
00:07:27,948 --> 00:07:30,183
She's clever.
(laughter)
150
00:07:30,216 --> 00:07:32,052
(gavel bangs)
JUDGE KIMBALL: Settle down.
151
00:07:32,085 --> 00:07:34,220
I'll remove you all
if I have to.
152
00:07:34,254 --> 00:07:36,723
My client was never charged
with the murder of her previous
husband,
153
00:07:36,757 --> 00:07:38,759
and to allow the prosecution--
She was and still
is suspected.
154
00:07:38,792 --> 00:07:40,694
Three marriages,
three dead husbands--
155
00:07:40,727 --> 00:07:41,928
That's a pattern.
156
00:07:43,063 --> 00:07:44,631
I'm going to allow it.
157
00:07:44,665 --> 00:07:46,633
Appealed.
So noted. Anything else?
158
00:07:46,667 --> 00:07:47,834
No, Your Honor.
159
00:07:47,868 --> 00:07:49,536
Is the Commonwealth ready
for trial?
160
00:07:49,570 --> 00:07:51,705
Ready, Your Honor.
Mr. Donnell?
161
00:07:51,738 --> 00:07:53,974
Ready.
Two o'clock. Till then...
162
00:07:58,679 --> 00:08:00,514
I'm not sure that was
the old college try.
163
00:08:00,547 --> 00:08:02,783
Just preserving the objection
for appeal.
164
00:08:02,816 --> 00:08:04,951
The truth is I want them
to introduce this stuff.
165
00:08:04,985 --> 00:08:07,220
Why?
166
00:08:07,253 --> 00:08:08,755
Because it's been
in the papers for months.
167
00:08:08,789 --> 00:08:10,657
There's no way those jurors
haven't heard of it.
168
00:08:10,691 --> 00:08:12,626
We'll need to address it,
Courtney.
169
00:08:12,659 --> 00:08:14,227
They're not calling you
the black widow
170
00:08:14,260 --> 00:08:15,762
because you like bugs.
171
00:08:19,833 --> 00:08:21,868
She was thrown out of the house
by her own mother,
172
00:08:21,902 --> 00:08:24,004
she's never had a father,
she's 15 years old.
173
00:08:24,037 --> 00:08:25,939
I'd just like
to do this quietly
174
00:08:25,972 --> 00:08:27,974
before it becomes front page
of the Metro section,
175
00:08:28,008 --> 00:08:29,643
which it would be.
176
00:08:29,676 --> 00:08:31,111
What's your offer?
177
00:08:31,144 --> 00:08:33,847
I'll give involuntary
manslaughter-- three years.
178
00:08:33,880 --> 00:08:36,717
That way she's out
when she's 18 instead of 21.
179
00:08:36,750 --> 00:08:38,585
She might have a shot
at a life.
180
00:08:38,619 --> 00:08:40,987
Well, I need to look
at her file.
181
00:08:41,021 --> 00:08:43,056
I'll talk it over with her,
but that sounds great.
182
00:08:44,991 --> 00:08:46,860
Ms. Gamble said
she'd help me.
183
00:08:46,893 --> 00:08:48,762
She is, Jenny, trust me.
184
00:08:48,795 --> 00:08:51,632
Involuntary manslaughter
is a very good offer,
185
00:08:51,665 --> 00:08:54,134
considering this happened
in your third trimester.
186
00:08:54,167 --> 00:08:57,137
You could be out
by the time you're 18.
187
00:08:57,170 --> 00:09:00,073
And even if we went to trial
and won on diminished capacity,
188
00:09:00,106 --> 00:09:02,876
you're still looking
at as much time.
189
00:09:02,909 --> 00:09:06,146
So I should plead guilty?
190
00:09:06,179 --> 00:09:09,215
Well, first I want you to
undergo a psychiatric exam,
191
00:09:09,249 --> 00:09:10,684
then I'd like
to review your statement
192
00:09:10,717 --> 00:09:12,586
and the police report
a little more, but...
193
00:09:14,220 --> 00:09:16,590
...yes, it's an excellent deal,
194
00:09:16,623 --> 00:09:18,224
and I think
we should jump at it.
195
00:09:26,900 --> 00:09:29,703
Has your mom come
to see you yet?
196
00:09:30,904 --> 00:09:32,573
I don't think
she even knows.
197
00:09:36,643 --> 00:09:37,644
Could you tell her?
198
00:09:37,678 --> 00:09:38,779
Sure.
199
00:09:40,981 --> 00:09:43,884
I'm gonna get Lucy Hatcher,
my assistant, to come
and talk to you.
200
00:09:43,917 --> 00:09:46,219
We're gonna need to get you
some new clothes for court.
201
00:09:46,252 --> 00:09:48,922
Okay? All right.
202
00:09:51,057 --> 00:09:52,859
I'm gonna be in touch.
203
00:10:07,974 --> 00:10:09,976
And were you able
to determine the cause
of death, doctor?
204
00:10:10,010 --> 00:10:12,178
Acute cardiac arrest.
205
00:10:12,212 --> 00:10:14,047
You did toxicology tests?
We did.
206
00:10:14,080 --> 00:10:16,182
Anything remarkable
in those tests?
207
00:10:16,216 --> 00:10:19,986
We found traces of the drug
commonly known as Viagra.
208
00:10:20,020 --> 00:10:22,823
I never, ever prescribed
Viagra for Jerry.
209
00:10:22,856 --> 00:10:25,191
Did you ever talk
about Viagra with him?
210
00:10:25,225 --> 00:10:28,829
Yes, we did, and I told him,
in no uncertain terms,
211
00:10:28,862 --> 00:10:31,331
taking that drug
would be a death sentence.
212
00:10:31,364 --> 00:10:32,999
Why is that, doctor?
213
00:10:33,033 --> 00:10:34,735
Jerry had a weak heart.
214
00:10:34,768 --> 00:10:38,004
He'd gone through two
separate bypass operations.
215
00:10:38,038 --> 00:10:39,773
The very last thing
he should have been taking
216
00:10:39,806 --> 00:10:43,243
is a pill to facilitate
sexual marathons.
217
00:10:43,276 --> 00:10:45,145
The reason you had talked
about Viagra
218
00:10:45,178 --> 00:10:46,847
with Jerry Hanson
is because he wanted it,
219
00:10:46,880 --> 00:10:48,248
isn't that right, doctor?
220
00:10:48,281 --> 00:10:50,951
I wouldn't prescribe it.
But he wanted it.
221
00:10:50,984 --> 00:10:53,720
He wanted to be able to perform
better with his wife, yes.
222
00:10:53,754 --> 00:10:55,255
He... wanted it.
223
00:10:55,288 --> 00:10:57,090
Yes, but I--
Thank you.
224
00:10:57,123 --> 00:10:58,825
In addition to being
Jerry Hanson's doctor,
225
00:10:58,859 --> 00:11:00,093
were you also his friend?
226
00:11:00,126 --> 00:11:01,394
Yes, I was.
227
00:11:01,427 --> 00:11:03,229
His death was
very upsetting for you.
228
00:11:03,263 --> 00:11:05,065
Do they teach that
in law school,
229
00:11:05,098 --> 00:11:07,367
it's upsetting
when friends die?
230
00:11:07,400 --> 00:11:08,769
KIMBALL: Doctor.
231
00:11:08,802 --> 00:11:09,903
Of course I'm upset.
232
00:11:09,936 --> 00:11:11,271
And if you believe
my client
233
00:11:11,304 --> 00:11:12,973
was responsible
for his death,
234
00:11:13,006 --> 00:11:14,440
you'd want to see her
convicted, wouldn't you?
235
00:11:14,474 --> 00:11:16,442
Objection.
Goes to bias.
236
00:11:16,476 --> 00:11:18,011
You've made the point.
Move on.
237
00:11:19,279 --> 00:11:22,849
Doctor, you said Jerry
wanted to perform better
with my client.
238
00:11:22,883 --> 00:11:25,018
Yes.
Sexually perform.
239
00:11:25,051 --> 00:11:26,987
Yes, sexually perform.
240
00:11:27,020 --> 00:11:29,355
She wanted him
to perform better
241
00:11:29,389 --> 00:11:31,157
and he wanted
to perform better.
242
00:11:31,191 --> 00:11:33,326
She played these
mind games with him,
243
00:11:33,359 --> 00:11:34,928
made him feel inadequate.
244
00:11:34,961 --> 00:11:36,763
Well, if he were
feeling inadequate,
245
00:11:36,797 --> 00:11:39,199
could that be why
he wanted the Viagra?
Possibly, but I--
246
00:11:39,232 --> 00:11:41,101
And if you wouldn't
give it to him,
you make no room
247
00:11:41,134 --> 00:11:44,070
for the possibility
that he might go get it
someplace else?
248
00:11:44,104 --> 00:11:46,773
Well, why was it ground up
and put into wine?
249
00:11:46,807 --> 00:11:48,775
Move to strike.
If he wanted to take it--
250
00:11:48,809 --> 00:11:50,744
Move to strike!
She laced the wine
and killed him!
251
00:11:50,777 --> 00:11:52,846
Move to strike!
Doctor, that's enough!
252
00:11:55,115 --> 00:11:58,384
Doctor, did you advise
Jerry Hanson
253
00:11:58,418 --> 00:12:01,287
to refrain from sexual
intercourse altogether?
254
00:12:02,155 --> 00:12:05,926
No. I told him
to be very careful
and take it slow.
255
00:12:05,959 --> 00:12:07,861
Well, then why couldn't
he take the drug
256
00:12:07,894 --> 00:12:11,932
just to help him perform,
but carefully and slowly?
257
00:12:12,966 --> 00:12:14,100
People with heart conditions
258
00:12:14,134 --> 00:12:15,936
do use this drug sometimes,
259
00:12:15,969 --> 00:12:17,203
isn't that right, doctor?
260
00:12:17,237 --> 00:12:18,905
Yes, but I didn't think
261
00:12:18,939 --> 00:12:20,106
it was indicated
for Jerry.
262
00:12:20,140 --> 00:12:21,241
Why not?
263
00:12:21,274 --> 00:12:22,776
Because knowing Jerry,
264
00:12:22,809 --> 00:12:25,512
I was afraid he would try
to keep up with her.
265
00:12:25,546 --> 00:12:30,116
And add Viagra,
his heart might
give out before--
266
00:12:30,150 --> 00:12:31,552
And knowing Jerry's nature,
267
00:12:31,585 --> 00:12:33,253
he wouldn't
have the sense to stop.
268
00:12:33,286 --> 00:12:35,321
Was that your fear?
Yes.
269
00:12:36,523 --> 00:12:37,958
Thank you, doctor.
270
00:12:43,830 --> 00:12:44,497
Ms. Holbrook?
271
00:12:45,165 --> 00:12:46,032
Yeah.
272
00:12:46,066 --> 00:12:48,068
My name is Ellenor Frutt.
I'm an attorney.
273
00:12:48,101 --> 00:12:49,335
What do you want?
274
00:12:49,369 --> 00:12:51,404
I'm afraid
I have some bad news.
275
00:12:52,939 --> 00:12:55,341
Is she dead?
Who?
276
00:12:55,375 --> 00:12:56,409
Jenny.
277
00:12:57,177 --> 00:12:59,445
Oh, no, no, no, no.
She's not dead.
278
00:12:59,479 --> 00:13:02,983
But her baby is,
and she has been charged
with its death.
279
00:13:03,016 --> 00:13:05,185
She's in custody now,
and I'm representing her.
280
00:13:05,218 --> 00:13:06,853
What's gonna happen to her?
281
00:13:07,320 --> 00:13:09,189
Well, she may have to go
282
00:13:09,222 --> 00:13:11,257
to a juvenile detention center
until she's 18.
283
00:13:11,291 --> 00:13:12,893
That's what we're hoping for.
284
00:13:12,926 --> 00:13:15,128
Three years?
285
00:13:15,161 --> 00:13:17,497
Baby lasts a lot longer
than that.
286
00:13:17,531 --> 00:13:19,032
She made out good.
287
00:13:21,301 --> 00:13:22,468
Yeah.
288
00:13:34,548 --> 00:13:36,282
MAN: We tested the wine.
The results indicated
289
00:13:36,316 --> 00:13:38,985
there were remnants
of Viagra in it.
290
00:13:39,019 --> 00:13:40,453
PROSECUTOR: And what
if any conclusions
291
00:13:40,486 --> 00:13:42,422
did you draw
from this, Detective?
292
00:13:42,455 --> 00:13:45,992
That the Viagra
had been ground up
and put into the wine.
293
00:13:46,026 --> 00:13:47,894
Her previous
husband, Mr. Carter,
294
00:13:47,928 --> 00:13:50,230
died of an insulin overdose.
Accidental?
295
00:13:50,263 --> 00:13:53,133
There was evidence
to support that he was
killed by the defendant,
296
00:13:53,166 --> 00:13:55,068
who was still married
to him at the time.
297
00:13:55,101 --> 00:13:57,137
What evidence?
He was a diabetic.
298
00:13:57,170 --> 00:14:00,306
He gave himself
insulin injections daily
299
00:14:00,340 --> 00:14:03,209
and had been for years
without incident.
300
00:14:03,243 --> 00:14:05,478
And here we had
a massive overdose.
301
00:14:05,512 --> 00:14:08,448
It was hard for us to believe
that he could have made
such a huge mistake.
302
00:14:08,481 --> 00:14:12,152
Latent fingerprints
on the syringe matched
the defendant.
303
00:14:12,185 --> 00:14:14,154
She inherited
under the will,
304
00:14:14,187 --> 00:14:16,456
which gave financial motive.
305
00:14:16,489 --> 00:14:18,992
You never charged Mrs. Hanson
with Mr. Carter's death.
306
00:14:19,025 --> 00:14:21,494
No. We were never able
to collect enough evidence.
307
00:14:21,528 --> 00:14:24,130
In fact, the truth is,
you had no evidence
308
00:14:24,164 --> 00:14:26,567
other than your suspicion,
isn't that right, detective?
309
00:14:26,600 --> 00:14:28,168
Her prints
were on the syringe.
310
00:14:28,201 --> 00:14:31,237
She could have handed him
the syringe like she said.
311
00:14:31,271 --> 00:14:32,573
Possible?
312
00:14:32,606 --> 00:14:35,008
Possible.
313
00:14:35,441 --> 00:14:37,010
EUGENE: We're
missing something.
314
00:14:37,043 --> 00:14:38,311
Why?
315
00:14:38,344 --> 00:14:40,046
Their case is lousy.
316
00:14:40,080 --> 00:14:42,115
It's all
circumstantial innuendo.
317
00:14:42,148 --> 00:14:44,484
Marcia Scott is a smart DA,
318
00:14:44,518 --> 00:14:46,452
and she's hasn't put
anything on the table.
319
00:14:47,621 --> 00:14:48,989
We're missing something.
320
00:14:51,958 --> 00:14:56,096
Courtney. Are we?
321
00:14:56,129 --> 00:14:59,499
No. I mean--
What's the son
going to say?
322
00:14:59,533 --> 00:15:02,703
Just what we talked about.
But he's had an agenda
from the beginning.
323
00:15:02,736 --> 00:15:05,939
He never even wanted me
to marry his father
in the first place.
324
00:15:05,972 --> 00:15:07,107
Why?
325
00:15:08,141 --> 00:15:09,510
He was afraid
I'd kill him--
326
00:15:11,277 --> 00:15:12,546
Because of all the suspicion
327
00:15:12,579 --> 00:15:14,247
around my previous
husband's death.
328
00:15:15,582 --> 00:15:18,218
Well, they must think
he's some kind of witness,
329
00:15:18,251 --> 00:15:20,220
because they're resting
on his testimony.
330
00:15:21,187 --> 00:15:23,223
We're missing something.
331
00:15:24,090 --> 00:15:27,528
They could rest by midday
tomorrow, so let's go
over your testimony.
332
00:15:28,294 --> 00:15:29,295
I go first?
333
00:15:29,763 --> 00:15:31,665
Courtney, you're
first and last.
334
00:15:31,698 --> 00:15:33,499
You're all we have.
335
00:15:40,574 --> 00:15:42,208
How'd it go?
336
00:15:42,242 --> 00:15:44,545
All right.
Did you tell her mother?
337
00:15:44,578 --> 00:15:46,212
Yeah.
You know what she said?
338
00:15:46,246 --> 00:15:47,548
"Three years? Not so bad.
339
00:15:47,581 --> 00:15:49,115
A baby lasts longer
than three years."
340
00:15:49,149 --> 00:15:51,552
(sighs)
341
00:15:51,585 --> 00:15:54,454
Ellenor, Helen told her
she could leave.
342
00:15:54,487 --> 00:15:56,557
What do you mean,
she told her she could leave?
343
00:15:56,590 --> 00:15:58,324
If she told what happened,
she could leave,
344
00:15:58,358 --> 00:15:59,660
that's what Helen said.
345
00:15:59,693 --> 00:16:01,762
She also told Jenny
about her own abortion,
346
00:16:01,795 --> 00:16:03,564
and how she needed
to talk about it.
347
00:16:05,198 --> 00:16:07,433
I think she was tricked
into that confession.
348
00:16:10,804 --> 00:16:12,773
She told you she
had an abortion?
349
00:16:12,806 --> 00:16:14,474
Yes.
And what else?
350
00:16:14,508 --> 00:16:16,510
Just how hard
it was for her
351
00:16:16,543 --> 00:16:19,479
and how she made it worse
by keeping it all inside.
352
00:16:19,513 --> 00:16:22,148
She said it would
be better for me
353
00:16:22,182 --> 00:16:24,184
to tell her,
and that if I did,
354
00:16:24,217 --> 00:16:25,786
she'd make sure
I could leave jail.
355
00:16:25,819 --> 00:16:27,187
What else?
356
00:16:27,220 --> 00:16:28,689
She just kept saying how,
you know,
357
00:16:28,722 --> 00:16:32,526
she understood how I would
want to make the baby go away,
358
00:16:32,559 --> 00:16:35,228
and how my life...
359
00:16:36,462 --> 00:16:38,064
I thought she'd help me.
360
00:16:39,332 --> 00:16:42,335
She never said
I'd be convicted of murder.
361
00:16:43,269 --> 00:16:44,571
She never said that.
362
00:17:03,223 --> 00:17:05,458
My first husband?
How is he relevant?
363
00:17:05,491 --> 00:17:08,294
Well, we have to cover
the "old" thing.
364
00:17:08,328 --> 00:17:10,564
All your husbands
were years older.
365
00:17:10,597 --> 00:17:12,633
It's a question
the jury will be asking,
366
00:17:12,666 --> 00:17:14,267
and I'd like
to answer it.
367
00:17:16,369 --> 00:17:18,304
It's not something
I really want to get into
368
00:17:18,338 --> 00:17:21,141
on the witness stand
in front of a roomful
of reporters.
369
00:17:21,174 --> 00:17:23,076
Well, get into it now,
370
00:17:23,109 --> 00:17:25,078
and I'll decide whether
it's useful or not.
371
00:17:29,550 --> 00:17:30,784
I, uh...
372
00:17:32,152 --> 00:17:35,221
...began to develop
when I was 11.
373
00:17:35,255 --> 00:17:37,190
My older brothers' friends
were copping feels
374
00:17:37,223 --> 00:17:38,625
by the time I was 12.
375
00:17:38,659 --> 00:17:41,494
When I was 15, college guys
were hitting on me.
376
00:17:41,528 --> 00:17:44,197
Even now, your colleague
Mr. Berluti...
377
00:17:45,799 --> 00:17:47,133
and even you...
378
00:17:49,570 --> 00:17:51,271
...have your thoughts.
379
00:17:53,173 --> 00:17:55,141
Me? W-What have I done?
380
00:17:55,175 --> 00:17:58,645
It's beside the point.
The point is...
381
00:17:58,679 --> 00:18:02,816
I've been on my guard
with men my whole life.
382
00:18:03,617 --> 00:18:07,087
The only man I ever felt
safe with growing up
was my dad.
383
00:18:08,488 --> 00:18:12,258
So I suppose on some level,
384
00:18:12,292 --> 00:18:14,327
my attraction to older men...
385
00:18:16,162 --> 00:18:20,433
is more about my being drawn
to the safety of...
386
00:18:23,570 --> 00:18:25,205
I don't know.
387
00:18:25,238 --> 00:18:28,709
I hope that you don't feel
that I've been--
388
00:18:28,742 --> 00:18:31,778
You've been nothing
but totally professional.
389
00:18:31,812 --> 00:18:34,247
But I know when a man's
attracted to me.
390
00:18:35,315 --> 00:18:37,117
Sometimes even before he does.
391
00:18:41,487 --> 00:18:43,389
Bobby, are you gonna
be much longer?
392
00:18:44,257 --> 00:18:45,391
No, I just--
393
00:18:45,425 --> 00:18:46,727
We're just about finished.
394
00:19:00,273 --> 00:19:01,474
Ellenor,
you didn't tell her?
395
00:19:01,508 --> 00:19:03,176
I don't
want her prepared.
396
00:19:03,209 --> 00:19:05,779
MAN: 32622-- Commonwealth
v. Jennifer Holbrook,
397
00:19:05,812 --> 00:19:07,881
murder in the first degree.
398
00:19:07,914 --> 00:19:10,617
Your Honor, both parties
offer joint recommendation
399
00:19:10,651 --> 00:19:11,952
as was discussed
in conference.
400
00:19:11,985 --> 00:19:14,287
I'm sure Ms. Holbrook--
Actually, Your Honor,
defense rescinds
401
00:19:14,320 --> 00:19:16,422
its agreement on the plea
and instead brings a motion
402
00:19:16,456 --> 00:19:17,724
to suppress
Ms. Holbrook's confession.
403
00:19:17,758 --> 00:19:19,626
Ellenor.
On what grounds?
404
00:19:19,660 --> 00:19:22,262
My client's statement was
a result of coercion.
405
00:19:22,295 --> 00:19:24,665
It was also obtained
in violation of her
Fifth Amendment rights.
406
00:19:24,698 --> 00:19:25,966
What are you
talking about?
407
00:19:25,999 --> 00:19:27,400
Miranda. My client
didn't understand--
408
00:19:27,433 --> 00:19:29,335
She was read
her rights twice.
409
00:19:29,369 --> 00:19:31,672
And then she was basically
unread them, Helen.
410
00:19:31,705 --> 00:19:33,640
What?
What's going on here?
411
00:19:33,674 --> 00:19:36,610
Ms. Gamble told my client
that if she gave a statement,
412
00:19:36,643 --> 00:19:38,612
she would get to leave.
Basically, Your Honor,
413
00:19:38,645 --> 00:19:42,348
where Miranda says,
"Anything you say
may be used against you,"
414
00:19:42,382 --> 00:19:45,819
Ms. Gamble told her,
anything you say
may be used to help you.
415
00:19:45,852 --> 00:19:48,254
Ms. Holbrook
is 15 years old,
416
00:19:48,288 --> 00:19:50,390
still in the throes of a pretty
big emotional wallop,
417
00:19:50,423 --> 00:19:52,693
and she believed the promises
that Ms. Gamble made.
418
00:19:52,726 --> 00:19:55,361
Oh, come on!
Have you ever
had an abortion?
419
00:19:56,630 --> 00:19:59,666
She talked to my client
about her very own abortion
420
00:19:59,700 --> 00:20:02,636
in order to get Jenny
to admit that she
killed her unborn child.
421
00:20:02,669 --> 00:20:04,638
The only thing that matters
for the purpose
422
00:20:04,671 --> 00:20:07,340
of a confession is, was
the suspect read her rights,
423
00:20:07,373 --> 00:20:09,543
and did she make
the statement voluntarily?
424
00:20:09,576 --> 00:20:11,444
She was, she did.
425
00:20:11,477 --> 00:20:14,447
And I contend she was confused
in respect to her rights--
426
00:20:14,480 --> 00:20:17,483
deliberately confused--
and that the statement
was not voluntary.
427
00:20:17,518 --> 00:20:18,952
All right.
428
00:20:20,486 --> 00:20:22,956
I'd like to see Ms. Holbrook
in chambers, please.
429
00:20:22,989 --> 00:20:23,857
Excuse me?
430
00:20:25,025 --> 00:20:28,261
Is there a problem with me
asking a few questions, counsel?
431
00:20:30,463 --> 00:20:31,998
Nice ambush, Ellenor.
432
00:20:32,032 --> 00:20:33,433
You know, don't talk to me
about ambush, Helen.
433
00:20:33,466 --> 00:20:35,368
You used me.
I did no such thing.
434
00:20:35,401 --> 00:20:36,870
You figured
I'd be less inclined
435
00:20:36,903 --> 00:20:38,639
to doubt your motives,
and I don't like it.
436
00:20:38,672 --> 00:20:40,440
My motive was
to help that girl.
437
00:20:40,473 --> 00:20:42,342
What was it when you went into
that room to interrogate her?
438
00:20:42,375 --> 00:20:44,645
To get her statement.
Having got a confession,
439
00:20:44,678 --> 00:20:46,346
I did have compassion
for her.
440
00:20:46,379 --> 00:20:47,648
That is why
I came to you.
441
00:20:47,681 --> 00:20:49,015
I don't know how,
in good conscience,
442
00:20:49,049 --> 00:20:50,784
you can trick
a 15-year-old.
443
00:20:50,817 --> 00:20:52,686
Your client
is a murderer, Ellenor.
444
00:20:52,719 --> 00:20:54,721
You're angry.
I understand.
445
00:20:54,755 --> 00:20:56,823
But don't appeal to me
on conscience.
446
00:20:59,926 --> 00:21:02,729
I was suspicious of her
from the very beginning.
447
00:21:02,763 --> 00:21:04,798
Why was that?
448
00:21:04,831 --> 00:21:07,634
My father was
in his 70s, frail.
449
00:21:07,668 --> 00:21:09,936
He wasn't what anybody
would call attractive,
450
00:21:09,970 --> 00:21:11,838
nor was he at all charming.
451
00:21:11,872 --> 00:21:13,874
And she falls
in love with him?
452
00:21:13,907 --> 00:21:15,642
Did your father
ever talk to you
453
00:21:15,676 --> 00:21:17,911
about his relationship
with the defendant?
454
00:21:17,944 --> 00:21:19,513
Sometimes.
455
00:21:19,546 --> 00:21:21,314
Specifically,
what did he talk about?
456
00:21:21,347 --> 00:21:25,451
Specifically, sex.
He said she was insatiable.
457
00:21:25,485 --> 00:21:27,688
He once said that she--
Objection. Hearsay.
458
00:21:27,721 --> 00:21:30,456
Did he ever seem upset
when he spoke of sex?
459
00:21:30,490 --> 00:21:32,092
Once he was
very excited, yes.
460
00:21:32,125 --> 00:21:33,960
What did he say then?
Objection.
461
00:21:33,994 --> 00:21:36,697
Excited utterance--
objection to the hearsay rule.
462
00:21:36,730 --> 00:21:38,532
He just happened to use
that word, "excited"?
463
00:21:38,565 --> 00:21:39,800
This witness
has been coached.
464
00:21:39,833 --> 00:21:41,535
I object to that.
465
00:21:41,568 --> 00:21:43,069
All right.
466
00:21:43,103 --> 00:21:45,806
Mr. Donnell,
your objection is overruled.
467
00:21:45,839 --> 00:21:47,841
Please sit. The witness
may answer the question.
468
00:21:47,874 --> 00:21:50,811
What did your father
tell you, Mr. Hanson?
469
00:21:52,478 --> 00:21:56,482
He said she would make love
so physically sometimes,
470
00:21:56,517 --> 00:22:00,521
it was violent,
almost sadistic.
471
00:22:00,554 --> 00:22:03,389
He wondered whether
she was trying to give him
a heart attack.
472
00:22:04,591 --> 00:22:06,059
What else, sir?
473
00:22:06,092 --> 00:22:10,096
He said she'd taunt him
during sex,
474
00:22:10,130 --> 00:22:12,733
taunt him to go harder,
475
00:22:12,766 --> 00:22:16,537
like some weird
psychological punishment.
476
00:22:18,505 --> 00:22:20,373
I have nothing further,
Your Honor.
477
00:22:27,080 --> 00:22:30,383
Did she say, "I'm going
to put Viagra in his wine,
478
00:22:30,416 --> 00:22:32,686
and then make love to him
until he suffers a coronary"?
479
00:22:32,719 --> 00:22:34,955
Because that would be
good testimony, Mr. Hanson.
480
00:22:34,988 --> 00:22:36,089
Maybe you should
have her say that.
481
00:22:36,122 --> 00:22:37,958
Objection.
Withdrawn.
482
00:22:38,959 --> 00:22:40,727
Did your father feel
his life was in danger?
483
00:22:40,761 --> 00:22:43,029
Well, I think
a little, he did.
484
00:22:43,063 --> 00:22:45,131
Did you take him seriously?
Yes.
485
00:22:45,165 --> 00:22:46,700
Did you notify the police,
486
00:22:46,733 --> 00:22:48,134
talk to my client,
express your concern?
487
00:22:48,168 --> 00:22:51,071
No.
So you weren't concerned?
488
00:22:51,104 --> 00:22:53,674
You took the danger seriously,
but it didn't concern you.
489
00:22:53,707 --> 00:22:56,643
What was I supposed to do,
go to the police and say,
490
00:22:56,677 --> 00:22:58,679
"Hey, I think
my stepmother is trying
491
00:22:58,712 --> 00:23:00,714
to intercourse my father
to death"?
492
00:23:00,747 --> 00:23:03,517
If you were concerned, yes.
493
00:23:03,550 --> 00:23:05,485
Tell me, Mr. Hanson,
494
00:23:05,519 --> 00:23:07,554
if my client is convicted
of murder
495
00:23:07,588 --> 00:23:09,990
and becomes disqualified
from the inheritance,
496
00:23:10,023 --> 00:23:11,725
who then takes under the will?
497
00:23:12,225 --> 00:23:14,695
That would be me.
That would be you.
498
00:23:14,728 --> 00:23:17,197
You think I'm sitting in this
chair today because of money?
499
00:23:17,230 --> 00:23:19,432
That's exactly what I think.
I think you're a liar.
500
00:23:19,465 --> 00:23:20,834
Objection.
I think your testimony
501
00:23:20,867 --> 00:23:22,736
was false, calculated--
Objection!
502
00:23:22,769 --> 00:23:25,138
Are you lying
to get your father's money?
Counsel!
503
00:23:25,171 --> 00:23:26,873
It's just a little
too damn convenient for me.
504
00:23:26,907 --> 00:23:29,109
I'm sorry. My client
is being charged with murder
505
00:23:29,142 --> 00:23:31,712
for inducing a heart attack,
and you get up here and say,
506
00:23:31,745 --> 00:23:34,781
"Gee, my father told me he
was afraid she'd give him
a heart attack,"
507
00:23:34,815 --> 00:23:37,584
when you never said that
to anybody before, Mr. Hanson.
508
00:23:37,618 --> 00:23:40,020
And you remembered to add
he was excited when he said it
509
00:23:40,053 --> 00:23:41,955
to get around the hearsay rule--
510
00:23:41,988 --> 00:23:44,057
ah, probably at the district
attorney's coaching.
511
00:23:44,090 --> 00:23:46,492
Objection.
It's just a little
too convenient.
512
00:23:46,527 --> 00:23:49,596
He's badgering.
Damn right I am.
I badger liars.
513
00:23:49,630 --> 00:23:51,131
Mr. Young,
that's enough.
514
00:23:51,164 --> 00:23:53,734
You said she makes love
in a violent way.
515
00:23:53,767 --> 00:23:55,468
That's what he said.
She--
516
00:23:55,502 --> 00:23:57,538
What's violent
to a 70-year-old man?
517
00:23:57,571 --> 00:23:59,540
I don't know.
Well, did you ask?
518
00:24:00,707 --> 00:24:02,943
Your father says "violent."
You don't follow
that up, say,
519
00:24:02,976 --> 00:24:05,779
"Dad, what do you mean?"
I wish I had.
520
00:24:05,812 --> 00:24:08,114
You said she taunts,
she's sadistic,
521
00:24:08,148 --> 00:24:10,183
she psychologically
punishes him,
522
00:24:10,216 --> 00:24:13,153
and you don't even go to her
and say, "What's going on?"
523
00:24:13,186 --> 00:24:14,988
What kind of caring son
are you?
524
00:24:15,021 --> 00:24:16,256
Maybe I should
have done more--
525
00:24:16,289 --> 00:24:17,724
Do you know
what perjury is, Craig?
526
00:24:17,758 --> 00:24:19,492
Objection.
You're under oath here!
527
00:24:19,526 --> 00:24:20,727
Mr. Young!
528
00:24:25,566 --> 00:24:26,800
I'm done.
529
00:24:38,545 --> 00:24:42,248
And since, you know,
she was an attorney,
I thought...
530
00:24:43,750 --> 00:24:46,052
I thought she would
make it so I could leave.
531
00:24:46,086 --> 00:24:48,822
But when you
signed this statement--
532
00:24:48,855 --> 00:24:52,893
She said that if I told them
exactly what happened,
533
00:24:52,926 --> 00:24:54,895
it would be better
for me
534
00:24:54,928 --> 00:24:57,798
by not keeping
stuff inside, and I--
535
00:24:57,831 --> 00:25:00,534
She told you
she had an abortion?
536
00:25:00,567 --> 00:25:03,169
Yes, and how terrible
it was for her
537
00:25:03,203 --> 00:25:05,906
that she kept stuff
buried inside and--
538
00:25:07,307 --> 00:25:09,309
You lied to me.
539
00:25:09,342 --> 00:25:11,912
I trusted you,
and you lied to me.
540
00:25:11,945 --> 00:25:15,281
All right, Jenny.
The detectives told you,
541
00:25:15,315 --> 00:25:18,051
did they not,
that the things you said
542
00:25:18,084 --> 00:25:21,154
could be used against you
in a court of law?
543
00:25:21,855 --> 00:25:23,590
Yes.
544
00:25:23,624 --> 00:25:26,226
But then she came in,
and she's an attorney,
545
00:25:26,259 --> 00:25:28,094
and she said
they wouldn't be.
546
00:25:33,266 --> 00:25:36,737
Jenny, I think I'd like you
to wait outside for a minute.
547
00:25:41,374 --> 00:25:42,843
Keep her here, please.
548
00:25:48,348 --> 00:25:50,584
Aren't we resourceful?
549
00:25:50,617 --> 00:25:52,919
None of her civil rights
were violated.
550
00:25:52,953 --> 00:25:54,588
Did you have an abortion?
551
00:25:54,621 --> 00:25:56,056
That certainly isn't relevant.
552
00:25:56,089 --> 00:25:57,691
It is to me. Did you?
553
00:26:00,060 --> 00:26:03,263
No. Tricks are used
in interrogations
all the time.
554
00:26:03,296 --> 00:26:05,766
This was a lie.
Lies, too.
555
00:26:06,967 --> 00:26:08,802
There's nothing
unconstitutional
556
00:26:08,835 --> 00:26:11,037
about lying to a suspect
so long as they
557
00:26:11,071 --> 00:26:13,707
understand their rights,
which she did.
558
00:26:13,740 --> 00:26:16,610
I disagree with that.
She didn't understand
her rights.
559
00:26:16,643 --> 00:26:19,713
Oh, come on, we can all try
to get inside this girl's head,
560
00:26:19,746 --> 00:26:21,748
but that's not
the way it goes.
561
00:26:21,782 --> 00:26:23,884
We have constitutional
dos and don'ts.
562
00:26:23,917 --> 00:26:26,152
We didn't commit any
of the don'ts.
563
00:26:26,186 --> 00:26:28,021
The statement is valid
and admissible.
564
00:26:28,054 --> 00:26:29,723
That's my decision.
565
00:26:30,857 --> 00:26:32,893
I'm going to think
about it.
566
00:26:37,063 --> 00:26:39,232
We'll reconvene at 2:00.
567
00:26:41,434 --> 00:26:42,869
May I say something?
568
00:26:44,137 --> 00:26:46,707
You're all thinking
about Jenny Holbrook.
569
00:26:46,740 --> 00:26:50,076
I wasn't called in to talk
to Jenny Holbrook.
570
00:26:50,110 --> 00:26:53,146
I was brought down to question
a murder suspect,
571
00:26:53,179 --> 00:26:54,915
a suspect
who killed a baby,
572
00:26:54,948 --> 00:26:57,718
a suspect who wouldn't talk
to the police.
573
00:26:57,751 --> 00:27:02,222
Now, the morality
of how I tricked her
has no relevance.
574
00:27:02,255 --> 00:27:05,726
This isn't a moral arena,
it is a legal one.
575
00:27:05,759 --> 00:27:09,362
And everything I did was legal,
and she has this backstory
576
00:27:09,395 --> 00:27:13,066
and a fragile personality
and an abusive mother.
577
00:27:13,099 --> 00:27:15,969
It all seems
just so awful now.
578
00:27:16,002 --> 00:27:19,039
Well, here's a flash:
killers don't like to talk.
579
00:27:19,072 --> 00:27:21,808
It's not easy
getting these confessions.
580
00:27:21,842 --> 00:27:24,711
Tag a bunch
of moral strings now
581
00:27:24,745 --> 00:27:26,279
on top
of the constitutional ones,
582
00:27:26,312 --> 00:27:28,715
we will never get anybody.
583
00:27:41,862 --> 00:27:43,730
He brought the Viagra.
584
00:27:43,764 --> 00:27:45,298
Your husband did?
Yes.
585
00:27:45,331 --> 00:27:46,733
Did he say
where he had gotten it?
586
00:27:46,767 --> 00:27:48,001
No.
587
00:27:48,034 --> 00:27:49,202
And then you put it
in the wine?
588
00:27:49,235 --> 00:27:50,436
Yes.
589
00:27:50,470 --> 00:27:52,839
He had 50 milligrams,
one pill,
590
00:27:52,873 --> 00:27:55,141
and, well, we were talking
about the fact
591
00:27:55,175 --> 00:27:56,076
that it was now
being reported
592
00:27:56,109 --> 00:27:58,278
that women got benefits
from taking it, too.
593
00:27:58,311 --> 00:28:00,714
So more for a laugh
than anything else,
594
00:28:00,747 --> 00:28:03,884
we ground up the pill,
and we sprinkled it
into our wine.
595
00:28:03,917 --> 00:28:05,385
And then?
596
00:28:05,418 --> 00:28:07,821
After dinner,
we watched some television,
597
00:28:07,854 --> 00:28:10,991
then we went to bed,
and we made love.
598
00:28:11,024 --> 00:28:13,794
And the effects
of the Viagra?
599
00:28:15,095 --> 00:28:17,230
Well, it definitely works.
600
00:28:17,263 --> 00:28:19,099
And at some point...
601
00:28:19,132 --> 00:28:22,102
Jerry grabbed his chest.
602
00:28:22,135 --> 00:28:24,738
He was having
a heart attack.
603
00:28:24,771 --> 00:28:27,741
I called 911,
performed CPR,
604
00:28:27,774 --> 00:28:29,843
but by the time
the paramedics got there...
605
00:28:31,244 --> 00:28:32,478
...he was gone.
606
00:28:34,014 --> 00:28:35,181
There's been testimony
607
00:28:35,215 --> 00:28:37,751
that you were
extremely physical,
608
00:28:37,784 --> 00:28:39,219
and that you taunted
while--
609
00:28:39,252 --> 00:28:41,421
That's completely false.
Craig Hanson was lying.
610
00:28:41,454 --> 00:28:44,024
His father never said
those things to him.
611
00:28:44,057 --> 00:28:46,492
Our lovemaking
was never very physical.
612
00:28:46,527 --> 00:28:48,428
It was certainly
not violent.
613
00:28:48,461 --> 00:28:50,196
My husband
had a heart condition,
614
00:28:50,230 --> 00:28:53,066
and we were always mindful
of it-- both of us.
615
00:28:54,267 --> 00:28:56,069
You say your husband
brought the Viagra?
616
00:28:56,102 --> 00:28:57,437
That's right.
617
00:28:57,470 --> 00:28:59,806
Did you ever get Viagra
from your doctor?
618
00:28:59,840 --> 00:29:01,942
No.
Ever talk to her about
619
00:29:01,975 --> 00:29:03,877
the virtues
of Viagra for women?
620
00:29:03,910 --> 00:29:06,212
Well, yes,
we had discussed that.
621
00:29:07,147 --> 00:29:08,214
Okay.
622
00:29:08,248 --> 00:29:09,516
I have nothing
further, Your Honor.
623
00:29:12,886 --> 00:29:13,754
Counsel?
624
00:29:15,321 --> 00:29:16,823
The witness may step down.
625
00:29:19,059 --> 00:29:20,226
Mr. Donnell.
626
00:29:21,962 --> 00:29:23,463
The defense rests,
Your Honor.
627
00:29:23,496 --> 00:29:25,465
The commonwealth calls
one rebuttal witness--
628
00:29:25,498 --> 00:29:27,500
Dr. Gail Parent.
629
00:29:30,070 --> 00:29:32,138
Who is it?
(door opens)
630
00:29:32,172 --> 00:29:33,406
She's my doctor.
631
00:29:36,943 --> 00:29:38,979
Defense objects,
Your Honor. Sidebar.
632
00:29:45,118 --> 00:29:46,920
This is my client's
own doctor.
633
00:29:47,487 --> 00:29:49,155
What's your offer
of proof?
634
00:29:49,189 --> 00:29:51,091
She's prepared to testify
she gave the defendant
635
00:29:51,124 --> 00:29:54,094
Viagra samples two days
before Jerry Hanson died.
636
00:30:04,538 --> 00:30:07,874
BOBBY: It's privileged
doctor/patient relationship.
She waived privilege.
637
00:30:07,908 --> 00:30:09,576
She opened the door.
How?
638
00:30:09,610 --> 00:30:12,045
During her testimony.
She had the right
to assert privilege.
639
00:30:12,078 --> 00:30:13,614
She didn't. She talked
about her doctor--
640
00:30:13,647 --> 00:30:15,148
That is so bogus.
641
00:30:15,181 --> 00:30:17,618
You can't selectively assert
privilege, Your Honor.
642
00:30:17,651 --> 00:30:19,853
The woman did answer questions
643
00:30:19,886 --> 00:30:21,454
about things she discussed
with her physician.
644
00:30:21,487 --> 00:30:22,989
I'm going to allow it.
645
00:30:23,023 --> 00:30:24,190
You got to be kidding me.
646
00:30:24,224 --> 00:30:25,859
She opened the door.
647
00:30:30,964 --> 00:30:32,498
I knew we were
missing something.
648
00:30:32,533 --> 00:30:34,000
That was their ace.
649
00:30:39,940 --> 00:30:41,575
You got the Viagra
from your own doctor?
650
00:30:42,543 --> 00:30:44,144
I was afraid of how
it would look if...
651
00:30:45,679 --> 00:30:48,148
People would think
that I secretly put it
in his wine.
652
00:30:48,181 --> 00:30:51,484
Did you?
No. It happened
exactly as I said.
653
00:30:51,518 --> 00:30:53,486
It didn't happen
as you said.
654
00:30:53,520 --> 00:30:55,922
You got the Viagra,
and now they caught you
in a lie.
655
00:30:55,956 --> 00:30:57,958
Our whole case
was your testimony,
656
00:30:57,991 --> 00:30:59,526
your credibility,
and now it's shot.
657
00:30:59,560 --> 00:31:00,961
Don't yell at me.
658
00:31:00,994 --> 00:31:02,195
You lied to us, Courtney.
659
00:31:02,228 --> 00:31:04,631
I didn't kill him!
We were making love!
660
00:31:04,665 --> 00:31:06,199
I didn't kill him!
661
00:31:06,232 --> 00:31:07,500
Well, that's how it looks.
662
00:31:14,508 --> 00:31:16,276
After your doctor
testifies,
663
00:31:16,309 --> 00:31:17,611
you have to get
back up there
664
00:31:17,644 --> 00:31:22,082
and explain to the jury
why you lied.
665
00:31:24,084 --> 00:31:25,652
And I hope you're good.
666
00:31:38,131 --> 00:31:40,500
I was just so afraid
of how it would look.
667
00:31:40,534 --> 00:31:43,336
Everybody thinks that
I killed my last husband.
668
00:31:43,369 --> 00:31:46,272
I was afraid if they knew
that I was the one
who procured the Viagra--
669
00:31:47,641 --> 00:31:51,177
So you lied.
Yes.
670
00:31:51,211 --> 00:31:54,515
But we both agreed
to put it into the wine.
671
00:31:56,249 --> 00:31:59,620
Courtney, why should
the jury believe you now?
672
00:31:59,653 --> 00:32:01,922
I don't have an answer
for that. I'm--
673
00:32:03,590 --> 00:32:05,191
Why should anybody believe
674
00:32:05,225 --> 00:32:06,660
that I could fall in love
with an older man?
675
00:32:06,693 --> 00:32:08,228
But I did.
676
00:32:11,698 --> 00:32:12,999
I did.
677
00:32:15,401 --> 00:32:17,403
MARCIA: Let's talk
about that.
678
00:32:17,437 --> 00:32:20,173
You've fallen in love
with three older men.
679
00:32:20,206 --> 00:32:24,377
For whatever reason,
I've found safety
in older men.
680
00:32:24,410 --> 00:32:26,713
They're not as predatory,
I suppose.
681
00:32:26,747 --> 00:32:30,316
I was telling Mr. Donnell
that it probably goes
to the safety
682
00:32:30,350 --> 00:32:32,118
that I found
with my own father.
683
00:32:33,286 --> 00:32:35,455
You felt safe
with your dad?
684
00:32:38,291 --> 00:32:40,594
Your dad died
serving time
685
00:32:40,627 --> 00:32:43,129
in Carteret Prison
in New Jersey, didn't he?
686
00:32:47,133 --> 00:32:48,735
He was convicted
of raping you
687
00:32:48,769 --> 00:32:50,403
when you were
nine years old.
688
00:32:51,638 --> 00:32:53,306
He was wrongly convicted.
689
00:32:55,075 --> 00:32:56,743
It never happened.
690
00:32:56,777 --> 00:32:59,713
Your mother and your sister
walked in on it.
691
00:33:01,381 --> 00:33:04,150
Mrs. Hanson?
It never happened.
692
00:33:04,184 --> 00:33:06,486
Your Honor, could I have time
to confer with my client?
693
00:33:06,520 --> 00:33:08,354
No, you may not.
694
00:33:08,388 --> 00:33:12,659
You don't find safety
with these older men,
do you, Mrs. Hanson?
695
00:33:12,693 --> 00:33:15,562
You find your anger--
your hatred.
696
00:33:17,798 --> 00:33:19,399
He was wrongly convicted.
697
00:33:21,101 --> 00:33:22,503
It never happened.
698
00:33:27,508 --> 00:33:30,511
(reporters clamoring)
699
00:33:41,722 --> 00:33:44,925
So, Courtney,
any other surprises?
700
00:33:48,795 --> 00:33:50,363
Never happened.
701
00:34:09,650 --> 00:34:10,551
BAILIFF: Be seated.
702
00:34:12,786 --> 00:34:16,156
Well, Ms. Gamble,
you're completely right.
703
00:34:16,189 --> 00:34:18,659
There is nothing illegal
or unconstitutional
704
00:34:18,692 --> 00:34:22,228
about deceiving suspects
into giving statements.
705
00:34:22,262 --> 00:34:24,130
It's done all the time.
706
00:34:24,164 --> 00:34:27,167
But still,
I can't help but think
707
00:34:27,200 --> 00:34:29,770
that somehow
we've lost our way.
708
00:34:29,803 --> 00:34:33,106
The whole point of our
constitutional safeguards
709
00:34:33,139 --> 00:34:37,310
is to protect the suspects
against police misconduct.
710
00:34:37,343 --> 00:34:39,846
Maybe you honored
the letter of the law here,
711
00:34:39,880 --> 00:34:42,516
but the spirit of it
took a beating.
712
00:34:43,684 --> 00:34:45,485
Defense counsel's argument--
713
00:34:45,519 --> 00:34:48,855
that a mirandized suspect was,
in effect, de-mirandized--
714
00:34:48,889 --> 00:34:51,424
it's a valid one.
715
00:34:51,457 --> 00:34:53,259
She's 15.
716
00:34:53,293 --> 00:34:54,828
By the time
you got through with her,
717
00:34:54,861 --> 00:34:57,197
she believed she'd
help herself by talking.
718
00:34:57,230 --> 00:34:59,432
It doesn't make sense
719
00:34:59,465 --> 00:35:02,603
that you could
read somebody her rights
so she'll understand,
720
00:35:02,636 --> 00:35:05,138
only then to deliberately
confuse her
721
00:35:05,171 --> 00:35:08,374
and smile
with a constitutional wink.
722
00:35:08,408 --> 00:35:11,545
It would seem
that the players in our system
723
00:35:11,578 --> 00:35:14,380
should at least act
in good faith.
724
00:35:17,651 --> 00:35:22,355
But as a judge,
I'm bound by precedent.
725
00:35:22,388 --> 00:35:26,693
And trickery still survives
any constitutional challenge.
726
00:35:28,361 --> 00:35:30,564
I suppose Ms. Gamble
said it best--
727
00:35:30,597 --> 00:35:35,468
this is a legal arena,
not a moral one.
728
00:35:37,504 --> 00:35:39,205
The statement is allowed.
729
00:35:39,239 --> 00:35:42,175
We'll conference
next Tuesday at 9:00
730
00:35:42,208 --> 00:35:43,877
to set a trial date.
Adjourned.
731
00:36:14,808 --> 00:36:17,544
Well, there's certainly been
a few surprises here today,
732
00:36:17,578 --> 00:36:19,680
and watching Courtney Hanson
on the stand,
733
00:36:19,713 --> 00:36:22,749
maybe she's got
some denial issues
734
00:36:22,783 --> 00:36:25,218
about what happened
to her as a child.
735
00:36:25,251 --> 00:36:26,887
Maybe it didn't
really happen.
736
00:36:26,920 --> 00:36:29,455
Obviously, the prosecution
wants you to believe
737
00:36:29,489 --> 00:36:30,957
that she's acting out
her anger
738
00:36:30,991 --> 00:36:34,695
against these older men
she married. It's a theory.
739
00:36:34,728 --> 00:36:38,431
But at the end of the day,
that's all they have--
740
00:36:38,464 --> 00:36:40,901
suspicion, jealousy,
741
00:36:40,934 --> 00:36:43,369
innuendo, theory.
742
00:36:43,403 --> 00:36:44,738
There is no evidence
to establish
743
00:36:44,771 --> 00:36:46,807
that she purposely caused
Jerry Hanson
744
00:36:46,840 --> 00:36:48,875
to have a heart attack.
745
00:36:48,909 --> 00:36:50,777
Suspicion, yes.
746
00:36:50,811 --> 00:36:54,480
But evidence?
What is there?
747
00:36:55,481 --> 00:36:59,285
Jerry Hanson
told his son
748
00:36:59,319 --> 00:37:02,255
he was afraid,
749
00:37:02,288 --> 00:37:05,559
the way she pushed him
during intercourse.
750
00:37:06,660 --> 00:37:08,562
And, yes, we can consider
751
00:37:08,595 --> 00:37:10,363
the way her
previous husband died
752
00:37:10,396 --> 00:37:12,966
because it's a pattern.
753
00:37:12,999 --> 00:37:15,702
Rich old men...
death...
754
00:37:16,803 --> 00:37:18,438
...she inherits.
755
00:37:18,471 --> 00:37:20,406
If his father
said he felt danger,
756
00:37:20,440 --> 00:37:22,042
why did this loving son
do nothing?
757
00:37:22,075 --> 00:37:25,378
If she gets convicted,
he inherits everything.
758
00:37:25,411 --> 00:37:28,014
Why is this loving son
suddenly making noise
759
00:37:28,048 --> 00:37:29,850
as the will
goes to probate?
760
00:37:29,883 --> 00:37:33,554
She ground up that Viagra
so he wouldn't detect it.
761
00:37:33,587 --> 00:37:34,955
Come on.
762
00:37:34,988 --> 00:37:37,758
A man with a weak heart,
two bypasses,
763
00:37:37,791 --> 00:37:40,894
she has intercourse
for over an hour?
764
00:37:40,927 --> 00:37:44,998
If that isn't
reckless disregard,
765
00:37:45,031 --> 00:37:47,300
then what is?
766
00:37:47,333 --> 00:37:48,669
A man with a weak heart,
767
00:37:48,702 --> 00:37:51,505
prone to pushing too hard,
has a coronary.
768
00:37:51,538 --> 00:37:52,873
They're charging murder.
769
00:37:52,906 --> 00:37:54,775
That's out there
to begin with.
770
00:37:54,808 --> 00:37:58,979
To prove it, you better have
some pretty strong evidence.
771
00:37:59,012 --> 00:38:00,981
They don't have any.
772
00:38:01,014 --> 00:38:04,518
They're asking you
to convict with suspicion.
773
00:38:05,451 --> 00:38:07,453
Why did she lie?
774
00:38:07,487 --> 00:38:09,089
If she's innocent,
775
00:38:09,122 --> 00:38:11,457
why didn't she
just take that stand
776
00:38:11,491 --> 00:38:13,326
and tell us the truth?
777
00:38:13,359 --> 00:38:15,328
But she didn't do that,
did she?
778
00:38:15,361 --> 00:38:20,634
She lied, afraid you might
get the right idea.
779
00:38:39,853 --> 00:38:41,454
Murder Two?
780
00:38:41,487 --> 00:38:42,488
Chance of parole.
781
00:38:43,389 --> 00:38:46,560
If you get convicted
of first degree,
782
00:38:46,593 --> 00:38:48,361
you go away forever.
783
00:38:51,732 --> 00:38:53,499
Do you think
I'll be convicted?
784
00:38:53,534 --> 00:38:55,669
Strictly on the evidence,
you shouldn't be,
785
00:38:55,702 --> 00:38:58,371
but I'm not so sure
786
00:38:58,404 --> 00:39:00,073
the jury won't look
beyond the evidence.
787
00:39:01,107 --> 00:39:03,977
The insulin OD
of your last husband,
that'll hurt.
788
00:39:04,010 --> 00:39:05,679
You lying on the stand...
789
00:39:08,048 --> 00:39:09,716
That'll hurt a lot.
790
00:39:09,750 --> 00:39:11,618
Bobby...
791
00:39:12,452 --> 00:39:13,754
I didn't do it.
792
00:39:13,787 --> 00:39:15,789
(door opens)
793
00:39:18,792 --> 00:39:19,893
Twenty-six minutes.
794
00:39:20,426 --> 00:39:21,762
They have a verdict?
795
00:39:23,063 --> 00:39:24,064
What does that mean?
796
00:39:24,097 --> 00:39:25,999
In this case,
I have no idea.
797
00:39:26,032 --> 00:39:28,434
They could have easily said,
"No evidence," or they--
798
00:39:28,468 --> 00:39:30,436
they could have
just quickly concluded
799
00:39:30,470 --> 00:39:32,405
that you're guilty.
I have no idea.
800
00:39:32,973 --> 00:39:35,441
Well, if we're going to
take the deal...
801
00:39:36,042 --> 00:39:37,410
Courtney...
802
00:39:39,646 --> 00:39:40,881
It's your call.
803
00:39:44,651 --> 00:39:46,419
I'll take my chances.
804
00:40:06,106 --> 00:40:08,174
Courtney, the jury
is not looking over here.
805
00:40:09,142 --> 00:40:11,077
That's a bad sign.
806
00:40:12,245 --> 00:40:14,548
If we can still
get Murder Two...
807
00:40:27,127 --> 00:40:29,029
They're not looking over,
not even one of them.
808
00:40:39,005 --> 00:40:40,473
Still on the table?
809
00:40:41,775 --> 00:40:43,476
I hate to rush you.
810
00:40:45,979 --> 00:40:47,614
Okay.
811
00:40:47,648 --> 00:40:48,815
Your Honor?
812
00:40:58,625 --> 00:40:59,760
We've reached a plea.
813
00:40:59,793 --> 00:41:01,595
Murder
in the second degree.
814
00:41:01,628 --> 00:41:03,630
It's too late. The jury's
returned its verdict.
815
00:41:03,664 --> 00:41:05,899
It's not too late.
The verdict hasn't been entered.
816
00:41:05,932 --> 00:41:08,168
We are about
to enter it, counsel.
817
00:41:08,201 --> 00:41:10,737
It's not entered. We have
a right to reach a plea.
818
00:41:10,771 --> 00:41:12,506
I'll file
an interlocutory appeal,
819
00:41:12,539 --> 00:41:14,040
we'll go upstairs,
and we'll argue it.
820
00:41:15,208 --> 00:41:16,810
You really
want to do this?
821
00:41:16,843 --> 00:41:18,812
We're fine with it.
It'll spare us an appeal.
822
00:41:19,746 --> 00:41:20,881
I don't like these
823
00:41:20,914 --> 00:41:22,649
last-minute stunts,
Mr. Donnell.
824
00:41:22,683 --> 00:41:24,017
It's not a stunt.
825
00:41:24,050 --> 00:41:25,786
It's a legitimate
plea agreement.
826
00:41:27,954 --> 00:41:29,122
Mrs. Hanson?
827
00:41:34,227 --> 00:41:37,531
Do you agree to plead guilty
to murder in the second degree?
828
00:41:38,865 --> 00:41:40,200
I do, Your Honor.
829
00:41:40,233 --> 00:41:42,302
(people murmuring)
So entered.
830
00:41:42,335 --> 00:41:44,638
Members of the jury,
thank you for your service.
831
00:41:44,671 --> 00:41:47,808
This matter is adjourned.
Sentencing, 2:00 Friday.
832
00:41:47,841 --> 00:41:49,075
(pounds gavel)
833
00:41:50,043 --> 00:41:51,244
(whispering) Mr. Donnell?
834
00:41:52,679 --> 00:41:54,247
I'm not big
on passing notes in class,
835
00:41:54,280 --> 00:41:55,849
but you can keep this.
836
00:42:31,918 --> 00:42:33,754
I think we did
the right thing.
837
00:42:37,724 --> 00:42:40,026
I'll be in.
We need--
838
00:42:40,060 --> 00:42:41,962
We need to talk
before sentencing.
839
00:42:44,765 --> 00:42:46,066
Okay.
840
00:42:48,034 --> 00:42:49,570
I think we did
the right thing.
841
00:43:42,989 --> 00:43:44,090
You stinker!
62864
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