All language subtitles for The Practice s05e06 Show and Tell
Afrikaans
Akan
Albanian
Amharic
Arabic
Armenian
Azerbaijani
Basque
Belarusian
Bemba
Bengali
Bihari
Bosnian
Breton
Bulgarian
Cambodian
Catalan
Cebuano
Cherokee
Chichewa
Chinese (Simplified)
Chinese (Traditional)
Corsican
Croatian
Czech
Danish
Dutch
English
Esperanto
Estonian
Ewe
Faroese
Filipino
Finnish
French
Frisian
Ga
Galician
Georgian
German
Greek
Guarani
Gujarati
Haitian Creole
Hausa
Hawaiian
Hebrew
Hindi
Hmong
Hungarian
Icelandic
Igbo
Indonesian
Interlingua
Irish
Italian
Japanese
Javanese
Kannada
Kazakh
Kinyarwanda
Kirundi
Kongo
Korean
Krio (Sierra Leone)
Kurdish
Kurdish (SoranĂ®)
Kyrgyz
Laothian
Latin
Latvian
Lingala
Lithuanian
Lozi
Luganda
Luo
Luxembourgish
Macedonian
Malagasy
Malay
Malayalam
Maltese
Maori
Marathi
Mauritian Creole
Moldavian
Mongolian
Myanmar (Burmese)
Montenegrin
Nepali
Nigerian Pidgin
Northern Sotho
Norwegian
Norwegian (Nynorsk)
Occitan
Oriya
Oromo
Pashto
Persian
Polish
Portuguese (Brazil)
Portuguese (Portugal)
Punjabi
Quechua
Romanian
Romansh
Runyakitara
Russian
Samoan
Scots Gaelic
Serbian
Serbo-Croatian
Sesotho
Setswana
Seychellois Creole
Shona
Sindhi
Sinhalese
Slovak
Slovenian
Somali
Spanish
Spanish (Latin American)
Sundanese
Swahili
Swedish
Tajik
Tamil
Tatar
Telugu
Thai
Tigrinya
Tonga
Tshiluba
Tumbuka
Turkish
Turkmen
Twi
Uighur
Ukrainian
Urdu
Uzbek
Vietnamese
Welsh
Wolof
Xhosa
Yiddish
Yoruba
Zulu
Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated:
1
00:00:00,040 --> 00:00:01,600
Previously, on The Practice.
2
00:00:02,640 --> 00:00:06,400
My client was in shock at the time of
this interrogation. He had just found
3
00:00:06,400 --> 00:00:08,520
wife dead less than an hour before this.
4
00:00:08,740 --> 00:00:12,480
She said that if she turned up missing,
that I should call the police, because
5
00:00:12,480 --> 00:00:14,400
Scott probably did something to her.
6
00:00:15,000 --> 00:00:18,500
Objection! We find the defendant, Scott
Wallace, guilty.
7
00:00:19,960 --> 00:00:22,640
Yeah, you gotta get me out. Scott. Get
me out!
8
00:00:22,920 --> 00:00:27,000
You got a problem. The man is on the
verge of a psychotic breakdown. He needs
9
00:00:27,000 --> 00:00:29,000
be transferred to a mental facility
right now.
10
00:00:29,420 --> 00:00:33,720
I'm convinced that Kyle Barrett lied on
the stand after being coached by the
11
00:00:33,720 --> 00:00:37,800
prosecution. Mr. Barrett, you had a
meeting with Richard Bay and Helen
12
00:00:37,860 --> 00:00:41,740
did you not? On the advice of counsel,
I'm exercising my Fifth Amendment right
13
00:00:41,740 --> 00:00:46,180
not to answer your question. I have been
ordered to conduct a full hearing into
14
00:00:46,180 --> 00:00:47,360
this perjury business.
15
00:00:47,760 --> 00:00:52,060
That hearing has been thwarted by the
primary witness exercising his Fifth
16
00:00:52,060 --> 00:00:55,800
Amendment right. The conviction of Scott
Wallace is hereby set aside. It is the
17
00:00:55,800 --> 00:00:58,200
order of this court that he be granted a
new trial.
18
00:00:58,590 --> 00:00:59,810
This is the part that kills us.
19
00:01:03,550 --> 00:01:07,730
That's the bomb. This time, you will
have to testify. I can handle all the
20
00:01:07,730 --> 00:01:12,430
witnesses. We're in good shape there.
But that videotape and your response to
21
00:01:12,430 --> 00:01:15,410
on the stand, that's what will decide
this case.
22
00:01:15,710 --> 00:01:16,710
I'm ready.
23
00:01:19,530 --> 00:01:24,230
Do you feel pressure because he's your
friend or because you failed him?
24
00:01:26,150 --> 00:01:27,150
Both.
25
00:01:27,980 --> 00:01:33,260
I want to get him out because I care
about him, and yeah, because I tried a
26
00:01:33,260 --> 00:01:34,260
lousy case.
27
00:01:34,600 --> 00:01:36,920
Of course I feel pressure. How could I
not?
28
00:01:38,060 --> 00:01:42,260
This guy committed murder, and the only
thing standing between him and the
29
00:01:42,260 --> 00:01:44,880
street is me.
30
00:01:45,560 --> 00:01:49,320
It's a bit unusual for the lead
prosecutor to suddenly flip and think
31
00:01:49,320 --> 00:01:50,320
innocent.
32
00:01:50,440 --> 00:01:54,300
Helen Gamble started feeling guilty over
tactics, and she became clouded by her
33
00:01:54,300 --> 00:01:55,960
conscience. That's all.
34
00:01:56,680 --> 00:01:58,800
She claims you coached a witness to lie.
35
00:02:00,900 --> 00:02:01,900
She's wrong.
36
00:02:02,300 --> 00:02:04,440
Richard Bay will do anything.
37
00:02:05,700 --> 00:02:09,520
DAs like him make it easier for defense
attorneys like me to stay passionate
38
00:02:09,520 --> 00:02:14,500
about what we do, because to me, he
basically represents a police state.
39
00:02:15,160 --> 00:02:17,720
Oh, I don't expect it to be at all,
Sybil.
40
00:02:18,460 --> 00:02:23,020
Bobby Donald fights for clients like it
was his life on the line, and Richard
41
00:02:23,020 --> 00:02:25,740
Bay prosecutes like the victim was his
mother.
42
00:02:26,430 --> 00:02:27,430
Isn't that good?
43
00:02:27,790 --> 00:02:30,110
Zealous advocates? Isn't that what it
should be about?
44
00:02:31,030 --> 00:02:32,030
One would think.
45
00:02:32,510 --> 00:02:37,250
But when fights get this ugly, it's
rarely in the interest of truth.
46
00:02:37,690 --> 00:02:38,690
It's messy.
47
00:02:39,030 --> 00:02:40,090
It gets personal.
48
00:02:40,510 --> 00:02:41,510
You think you'll win?
49
00:02:41,630 --> 00:02:42,629
I know I will.
50
00:02:42,630 --> 00:02:44,030
How can you be so sure?
51
00:02:44,890 --> 00:02:48,330
Because this time I have the video,
which means Scott Wallace will have to
52
00:02:48,330 --> 00:02:51,430
the stand and explain it. And when he
does, I'll get him.
53
00:02:54,350 --> 00:02:55,490
He'll lose it up there.
54
00:02:56,300 --> 00:02:57,300
You watch.
55
00:04:00,190 --> 00:04:01,310
Witnesses are never objective.
56
00:04:02,290 --> 00:04:05,910
Of course, I want you to appear neutral,
but you need to be every bit the
57
00:04:05,910 --> 00:04:06,910
advocate I am.
58
00:04:07,430 --> 00:04:12,630
Never forget, your goal is to help the
prosecution secure a conviction, to put
59
00:04:12,630 --> 00:04:13,630
murderer in prison.
60
00:04:14,570 --> 00:04:16,630
That means you're going to have to stand
up to Bobby Donald.
61
00:04:16,910 --> 00:04:21,850
He can't be feared, and he will
absolutely try to do just that. His
62
00:04:21,850 --> 00:04:26,350
defense is reasonable doubt. Every
question he asks you, it's to build
63
00:04:26,350 --> 00:04:27,350
reasonable doubt.
64
00:04:27,830 --> 00:04:31,610
At the first trial, he got you all to
admit things were possible, and you all
65
00:04:31,610 --> 00:04:33,230
did so, too submissively.
66
00:04:34,130 --> 00:04:36,350
This is why I brought Cindy Keller in
tonight.
67
00:04:36,610 --> 00:04:38,390
She's our behavioral psychologist.
68
00:04:39,350 --> 00:04:44,110
When the defense lawyer forces you to
say the words that he wants you to say,
69
00:04:44,230 --> 00:04:48,270
you can nevertheless use body language
to convey your opinion.
70
00:04:49,030 --> 00:04:53,390
It's all a presentation, and you have to
train your witnesses to be showmen a
71
00:04:53,390 --> 00:04:55,410
little. The key is...
72
00:04:55,680 --> 00:04:57,500
They can't come off too much like
advocates.
73
00:04:57,780 --> 00:04:59,680
If they do, they have less credibility.
74
00:05:00,420 --> 00:05:03,320
We used to have an advantage. People
trusted the police.
75
00:05:04,420 --> 00:05:05,940
That advantage is gone now.
76
00:05:06,400 --> 00:05:10,980
Because they cheat. And Richard Bay will
cheat. He absolutely will.
77
00:05:11,200 --> 00:05:14,820
That seems to be a refrain with you. One
that I have to be mindful of the entire
78
00:05:14,820 --> 00:05:15,820
trial.
79
00:05:16,300 --> 00:05:17,960
What will be different about this trial?
80
00:05:18,160 --> 00:05:19,160
I'm going to win.
81
00:05:19,320 --> 00:05:22,400
I mean, tactics, evidence, witnesses.
82
00:05:23,000 --> 00:05:24,200
What will be different there?
83
00:05:28,620 --> 00:05:29,620
That tape.
84
00:05:31,220 --> 00:05:33,040
That damn videotape.
85
00:05:33,500 --> 00:05:35,880
It played every chance he gets.
86
00:05:37,600 --> 00:05:39,100
We think you had an argument.
87
00:05:39,700 --> 00:05:40,700
You hit her.
88
00:05:41,140 --> 00:05:42,380
Maybe by accident.
89
00:05:43,280 --> 00:05:44,280
She was unconscious.
90
00:05:45,640 --> 00:05:47,480
You were afraid of how it might look.
91
00:05:48,560 --> 00:05:51,180
You put her in the car to make it look
like a suicide.
92
00:05:53,440 --> 00:05:54,720
That's what happened, isn't it?
93
00:06:04,780 --> 00:06:09,360
Detective Larson, does that videotape
fairly and accurately depict what
94
00:06:09,360 --> 00:06:10,299
in that room?
95
00:06:10,300 --> 00:06:11,300
Yes, it does.
96
00:06:11,640 --> 00:06:13,520
What did happen in that room?
97
00:06:13,860 --> 00:06:17,880
From my experience, Scott Wallace
admitted to killing his wife.
98
00:06:18,180 --> 00:06:19,860
Objection. Overruled.
99
00:06:21,360 --> 00:06:24,040
Did he ever say he killed his wife?
100
00:06:24,300 --> 00:06:27,900
No, but... In fact, he maintained his
innocence and he still does, doesn't he,
101
00:06:27,920 --> 00:06:32,000
Detective? But when confronted... When
you say admitted, you mean the behavior
102
00:06:32,000 --> 00:06:33,600
we just witnessed on this tape.
103
00:06:34,030 --> 00:06:34,829
Right, Detective?
104
00:06:34,830 --> 00:06:39,530
Correct. With words, he's always
maintained his innocence, hasn't he,
105
00:06:39,970 --> 00:06:41,390
With words, yes.
106
00:06:41,730 --> 00:06:43,850
Are you a psychologist, Detective?
107
00:06:44,550 --> 00:06:45,710
No, I'm not.
108
00:06:45,910 --> 00:06:50,430
And if a psychologist was of the opinion
that Mr. Wallace's behavior on that
109
00:06:50,430 --> 00:06:53,370
tape... Objection. He's trying to
introduce psychiatric... I'm posing a
110
00:06:53,370 --> 00:06:54,370
hypothetical to the witness.
111
00:06:54,610 --> 00:06:55,610
I'll allow it.
112
00:06:56,240 --> 00:07:00,640
If a psychologist looked at that tape
and concluded that it did not constitute
113
00:07:00,640 --> 00:07:04,460
an admission to the crime, do you have
any medical training which would enable
114
00:07:04,460 --> 00:07:05,620
you to overrule him?
115
00:07:05,840 --> 00:07:09,880
Do I have any medical training? No.
Thank you, detective. That's all.
116
00:07:13,100 --> 00:07:16,060
How many suspects have you interrogated
in the course of your career?
117
00:07:16,660 --> 00:07:18,060
Hundreds. Hundreds.
118
00:07:19,060 --> 00:07:22,040
Do you think you would recognize a
silent admission if you saw one?
119
00:07:22,500 --> 00:07:23,500
Absolutely.
120
00:07:24,220 --> 00:07:27,720
Based on your experience as a police
officer who has conducted hundreds of
121
00:07:27,720 --> 00:07:32,100
interrogations, what did Scott Wallace's
silence convey to you?
122
00:07:32,340 --> 00:07:34,360
An admission that he committed murder.
123
00:07:34,880 --> 00:07:35,880
Thank you.
124
00:07:36,440 --> 00:07:39,320
Do you have any formal training in
behavioral psychology?
125
00:07:40,840 --> 00:07:42,800
No, I don't. Thank you.
126
00:07:47,320 --> 00:07:51,980
When we first started, just Bobby and me
and...
127
00:07:52,490 --> 00:07:53,970
He was so wide -eyed.
128
00:07:54,350 --> 00:07:55,730
Every case, his eyes.
129
00:07:57,370 --> 00:07:59,050
Oh, and if it was a murder case, God.
130
00:07:59,410 --> 00:08:01,750
The light coming out from his eyes.
131
00:08:02,270 --> 00:08:04,590
And it didn't bother him a bit if the
guy was probably guilty.
132
00:08:04,890 --> 00:08:08,230
You know, he'd say, Beck, we defend the
guilty because ultimately it protects
133
00:08:08,230 --> 00:08:09,230
the innocent.
134
00:08:09,430 --> 00:08:10,930
Or he'd say that was the high.
135
00:08:11,290 --> 00:08:14,190
You know, you got a guy that was
actually innocent.
136
00:08:15,310 --> 00:08:19,350
And now, he hates it when they're
innocent. Like this one.
137
00:08:20,650 --> 00:08:21,730
It's too much pressure.
138
00:08:22,270 --> 00:08:23,870
I mean, that's why none of us laugh on
this job.
139
00:08:24,330 --> 00:08:26,250
You can only bear defending the guilty.
140
00:08:28,270 --> 00:08:30,310
And how long can anyone last doing that?
141
00:08:31,270 --> 00:08:36,010
He was screaming at her, calling her a
liar, and she was pleading with him to
142
00:08:36,010 --> 00:08:36,829
stop screaming.
143
00:08:36,830 --> 00:08:42,710
Are you sure this was around 9 .30 p
.m.? Yes, that's when I walked my dog.
144
00:08:43,470 --> 00:08:46,950
You recognized my client's voice
screaming because you'd heard him scream
145
00:08:46,950 --> 00:08:51,910
before? Many times. So there wasn't
anything hugely unusual about them
146
00:08:51,910 --> 00:08:52,869
that night?
147
00:08:52,870 --> 00:08:54,690
No, they fought a lot.
148
00:08:55,330 --> 00:08:59,850
And in fact, you didn't call the police
or try to intervene, did you, sir?
149
00:09:01,530 --> 00:09:02,530
No.
150
00:09:03,110 --> 00:09:06,790
I wasn't crazy about calling that
witness in the first trial. I wasn't
151
00:09:06,790 --> 00:09:07,790
about it here.
152
00:09:07,850 --> 00:09:09,850
But I have to establish a timeline.
153
00:09:11,190 --> 00:09:12,330
As a rule...
154
00:09:12,570 --> 00:09:15,970
When you come across anemic little wimps
like Mr. Berenson, who haven't got the
155
00:09:15,970 --> 00:09:19,930
guts to get involved at the time, you
can be sure they'll be pretty impotent
156
00:09:19,930 --> 00:09:20,930
witnesses, too.
157
00:09:21,870 --> 00:09:24,550
But I needed to get in the timeline.
158
00:09:28,070 --> 00:09:29,530
Why are you so sure he's innocent?
159
00:09:29,830 --> 00:09:30,830
Because I am.
160
00:09:30,950 --> 00:09:32,090
I know him.
161
00:09:32,930 --> 00:09:35,450
Plus, he passed the polygraph. That's
what really gets me.
162
00:09:36,550 --> 00:09:41,150
I mean, they may not be admissible, but
lie detectors are pretty damn reliable.
163
00:09:42,010 --> 00:09:46,410
And the prosecution and the police, they
believe in them more than I do.
164
00:09:46,610 --> 00:09:51,370
Here we got a guy who passes over and
over and over, and they still prosecute.
165
00:09:52,030 --> 00:09:53,030
Why do you think?
166
00:09:53,490 --> 00:09:57,510
Because the media declared this a
murder, and there was an ensuing public
167
00:09:57,510 --> 00:09:58,510
to get a conviction.
168
00:09:59,170 --> 00:10:02,010
There seems to be such a huge distrust
here.
169
00:10:03,150 --> 00:10:04,210
You have no idea.
170
00:10:05,100 --> 00:10:08,860
When I first started, the DAs and
defense attorneys, we all go out at the
171
00:10:08,860 --> 00:10:12,240
the day. There were watering holes where
we congregate, swap stories.
172
00:10:12,540 --> 00:10:17,600
You fought hard in court, but after, it
was a brotherhood.
173
00:10:19,040 --> 00:10:23,360
Today, we go our separate ways. They
don't trust us, we don't trust them.
174
00:10:24,300 --> 00:10:25,300
What happened?
175
00:10:26,580 --> 00:10:28,380
It became too much about winning and
losing.
176
00:10:30,580 --> 00:10:34,200
We analyzed a skin fragment found under
the defendant's fingernail.
177
00:10:34,550 --> 00:10:36,530
It was a genetic match to Mrs. Wallace.
178
00:10:37,330 --> 00:10:40,510
Did you do any other DNA testing, Dr.
Wang? Oh, yes.
179
00:10:40,810 --> 00:10:44,110
We found shed skin cells all over the
victim's head and neck.
180
00:10:44,510 --> 00:10:46,230
They belonged to the defendant, Scott
Wallace.
181
00:10:47,590 --> 00:10:54,210
If Scott Wallace were trying to save his
wife, resuscitate her, it's possible
182
00:10:54,210 --> 00:10:58,030
his skin cells could have gotten out of
that way. Am I right? In my experience,
183
00:10:58,070 --> 00:10:59,070
that would be unlikely.
184
00:10:59,130 --> 00:11:01,170
I asked if it were possible.
185
00:11:03,210 --> 00:11:04,410
I suppose it's possible.
186
00:11:05,250 --> 00:11:09,910
And it's possible, isn't it, Doctor,
that Mrs. Wallace had decided she wanted
187
00:11:09,910 --> 00:11:13,410
compete in the Olympics, and while
practicing a backflip, she accidentally
188
00:11:13,410 --> 00:11:15,690
her head on a blunt instrument being
held by the defendant.
189
00:11:16,290 --> 00:11:18,390
Objection! As long as we're going for
far -fetched possibility.
190
00:11:18,610 --> 00:11:19,429
Mr.
191
00:11:19,430 --> 00:11:20,670
Bay, that is quite enough.
192
00:11:22,730 --> 00:11:28,730
Dr. Wang, based on your years of
experience as a forensic pathologist,
193
00:11:28,730 --> 00:11:31,030
form an opinion as to the likelihood of
what happened?
194
00:11:31,530 --> 00:11:32,530
Yes, I did.
195
00:11:32,890 --> 00:11:34,410
Could you state that for the court,
please?
196
00:11:35,110 --> 00:11:36,470
She was killed by the defendant.
197
00:11:38,310 --> 00:11:40,270
The defense has suggested Mr.
198
00:11:40,470 --> 00:11:43,370
Wallace discovered his wife in the car.
She wasn't breathing.
199
00:11:43,610 --> 00:11:47,550
He pulled her out, and her head struck
the concrete floor, causing the
200
00:11:47,830 --> 00:11:50,170
Yes, I think this is a bit of a fairy
tale.
201
00:11:50,510 --> 00:11:53,050
The fracture, she was hit very hard.
202
00:11:53,510 --> 00:11:56,970
Is it possible that she could have
gotten this after she died by her head
203
00:11:56,970 --> 00:11:57,970
hitting the floor?
204
00:11:58,350 --> 00:11:59,350
Anything's possible.
205
00:11:59,470 --> 00:12:01,670
My medical opinion is somebody hit her.
206
00:12:02,579 --> 00:12:06,820
Doctor, in the first trial, you
testified that this fracture was severe
207
00:12:06,820 --> 00:12:07,820
to be fatal.
208
00:12:08,180 --> 00:12:09,760
Didn't you say that? I did.
209
00:12:09,960 --> 00:12:11,520
Was it the cause of death?
210
00:12:11,900 --> 00:12:14,260
No, the cause of death was monoxide
poisoning.
211
00:12:14,560 --> 00:12:19,540
So it's possible that the head fracture
came after she died of the car exhaust,
212
00:12:19,800 --> 00:12:23,160
right? That's not what I think happened.
I can't declare it to be impossible.
213
00:12:23,880 --> 00:12:27,100
Doctor, you're employed by the
Commonwealth, aren't you? Yes. Do you
214
00:12:27,100 --> 00:12:29,760
afraid of losing your job if you don't
secure convictions?
215
00:12:30,080 --> 00:12:33,440
Objection sustained. It goes to bias,
Your Honor. The objection is sustained.
216
00:12:33,480 --> 00:12:34,139
That's it.
217
00:12:34,140 --> 00:12:35,340
Now let's move on.
218
00:12:37,020 --> 00:12:38,260
It's what he does when he's losing.
219
00:12:39,160 --> 00:12:42,500
It's an excellent sign for the
prosecution when Bobby Donald starts to
220
00:12:42,500 --> 00:12:43,500
crap like that.
221
00:12:43,640 --> 00:12:45,920
It means he thinks he's losing.
222
00:12:46,640 --> 00:12:49,700
In the first trial, he was getting as
possible than resting.
223
00:12:50,500 --> 00:12:51,900
He was more desperate just then.
224
00:12:52,220 --> 00:12:53,220
Did you see it?
225
00:12:54,990 --> 00:12:56,110
He's going down again.
226
00:12:56,890 --> 00:12:59,150
This time with nothing to appeal.
227
00:13:02,310 --> 00:13:04,730
You know, I keep thinking it'll all get
corrected.
228
00:13:05,550 --> 00:13:09,250
They've made this terrible mistake.
229
00:13:10,790 --> 00:13:12,770
This is the land of truth and justice.
230
00:13:12,990 --> 00:13:14,470
It'll all get cleared up.
231
00:13:15,330 --> 00:13:16,430
But here I am.
232
00:13:18,530 --> 00:13:22,030
The thinking is for you to get
acquitted.
233
00:13:23,070 --> 00:13:25,110
It'll come down to your testimony.
234
00:13:25,630 --> 00:13:26,630
Yeah, I know this.
235
00:13:27,430 --> 00:13:28,430
I know this.
236
00:13:31,230 --> 00:13:32,230
Are you scared?
237
00:13:36,210 --> 00:13:38,210
It's way beyond that now.
238
00:13:39,530 --> 00:13:40,570
I think that's enough.
239
00:13:41,750 --> 00:13:44,410
That's enough. The arrangement is
complete, Axis. Well, that's all. You
240
00:13:44,410 --> 00:13:45,410
leave.
241
00:13:46,170 --> 00:13:48,270
Bobby, Kyle Barrett isn't testifying.
242
00:13:48,690 --> 00:13:50,970
Why? They just notified the court
they're arresting. We're up.
243
00:13:51,440 --> 00:13:52,520
Well, call Dr. Murphy.
244
00:13:52,740 --> 00:13:54,960
He's going to... I did. He's on his way.
Why doesn't her brother testify?
245
00:13:55,980 --> 00:13:56,980
I don't need him.
246
00:13:57,560 --> 00:14:00,120
Plus, he'd get peeled like an onion up
there. He's a liability.
247
00:14:00,820 --> 00:14:03,340
I thought you said he was telling the
truth. I never said that.
248
00:14:03,780 --> 00:14:06,140
I only said I don't know if he's lying.
249
00:14:06,720 --> 00:14:08,080
That sounds a little questionable.
250
00:14:09,440 --> 00:14:10,440
Hey, question away.
251
00:14:12,040 --> 00:14:15,520
I only put on the witnesses I think will
help me win. Kyle Barrett doesn't
252
00:14:15,520 --> 00:14:19,400
qualify. But this is the witness who got
you the conviction in the first trial.
253
00:14:19,440 --> 00:14:21,060
In the first trial, I didn't have the
video.
254
00:14:22,220 --> 00:14:24,500
Scott Wallace was suffering from
clinical depression.
255
00:14:24,900 --> 00:14:27,440
Were you able to determine the cause,
Doctor?
256
00:14:27,820 --> 00:14:29,380
Twin positional traumas.
257
00:14:29,640 --> 00:14:34,240
The first was his wife's death. The
second, his being accused of that death.
258
00:14:35,140 --> 00:14:39,700
Doctor, you recommended that Scott
Wallace be hospitalized, did you not? I
259
00:14:40,100 --> 00:14:41,340
Can you tell us why?
260
00:14:42,100 --> 00:14:45,180
I found him to be very close to a
complete mental breakdown.
261
00:14:45,840 --> 00:14:49,160
Doctor, you've seen this tape before. I
want to play you a small portion again.
262
00:14:50,300 --> 00:14:51,720
It looked like a suicide.
263
00:14:54,000 --> 00:14:55,320
It's what happened, isn't it?
264
00:15:01,080 --> 00:15:05,180
You've heard the prosecution
characterize that moment as an admission
265
00:15:05,180 --> 00:15:06,220
by Scott Wallace.
266
00:15:06,560 --> 00:15:09,560
Well, I think that conclusion is as
dangerous as it is absurd.
267
00:15:10,660 --> 00:15:13,780
He'd only just discovered within the
last two hours that his wife was dead.
268
00:15:14,200 --> 00:15:17,840
Then he's taken down to the police
station. He's hit with the accusation
269
00:15:17,840 --> 00:15:18,840
murdered her.
270
00:15:18,900 --> 00:15:22,220
Now, to a guilty man, that wouldn't be
as much of a shock. But to an innocent
271
00:15:22,220 --> 00:15:25,180
one, that could cause the very trauma
I'm talking about.
272
00:15:25,420 --> 00:15:26,520
And when he dropped his head?
273
00:15:26,780 --> 00:15:27,860
It was in shock.
274
00:15:29,220 --> 00:15:31,820
That was likely the beginning of his
breakdown.
275
00:15:32,240 --> 00:15:34,320
You can state that for a medical
certainty?
276
00:15:35,080 --> 00:15:37,980
No, but... And you were not in the room
at the time, were you, Doctor?
277
00:15:38,800 --> 00:15:39,800
No, I was not.
278
00:15:40,160 --> 00:15:44,680
You spoke of twin positional traumas,
one of those traumas being the loss of
279
00:15:44,680 --> 00:15:50,220
wife. Yes. For this to be so, he would
have to have loved his wife very deeply,
280
00:15:50,380 --> 00:15:51,139
I assume.
281
00:15:51,140 --> 00:15:52,640
And he did, from my observations.
282
00:15:53,060 --> 00:15:57,880
Well, if this wife, who he loved deeply,
told him she was leaving him, couldn't
283
00:15:57,880 --> 00:15:58,719
that be traumatic?
284
00:15:58,720 --> 00:16:02,520
Certainly. Is it possible that's when
this mental breakdown started, when she
285
00:16:02,520 --> 00:16:05,840
said she was leaving him? I suppose it's
possible, but I don't think likely.
286
00:16:07,080 --> 00:16:10,980
Doctor, according to your diagnosis, you
said Scott Wallace was in danger of
287
00:16:10,980 --> 00:16:12,380
becoming psychotic, didn't you?
288
00:16:12,620 --> 00:16:14,780
He never became psychotic, Mr. Bay.
289
00:16:18,160 --> 00:16:22,800
Sometimes, when you get a tough witness,
you take what you can get and sit the
290
00:16:22,800 --> 00:16:23,800
hell down.
291
00:16:24,060 --> 00:16:25,400
I thought I handled him well.
292
00:16:26,240 --> 00:16:27,900
And now you have the victim,
psychiatrist.
293
00:16:28,680 --> 00:16:30,880
I'm not afraid of him. How can you not
be?
294
00:16:31,390 --> 00:16:33,210
He's going to testify that she was
depressed.
295
00:16:33,490 --> 00:16:34,429
He'll say depressed.
296
00:16:34,430 --> 00:16:36,750
Then on cross, I'll get him to say she
wasn't suicidal.
297
00:16:37,070 --> 00:16:41,350
Then on redirect, Bobby will claim he
has motive to say she wasn't suicidal,
298
00:16:41,350 --> 00:16:44,310
he doesn't have her blood on his hands.
It's vintage Bobby Donald.
299
00:16:44,590 --> 00:16:47,250
He gets a witness to help him, then he
hangs him out. You watch.
300
00:16:47,510 --> 00:16:49,350
You seem a little more agitated now.
301
00:16:49,650 --> 00:16:52,250
I'm not agitated. This is adrenaline.
It's a fight.
302
00:16:54,310 --> 00:16:55,310
I'm not agitated.
303
00:16:56,550 --> 00:16:58,410
My little informal pole in the gallery?
304
00:16:59,110 --> 00:17:00,230
They think you're losing.
305
00:17:01,640 --> 00:17:04,140
I'm not losing. Why would people think
you are?
306
00:17:04,400 --> 00:17:06,560
Because with galleries, it's about
popularity.
307
00:17:06,980 --> 00:17:11,819
Bobby Donald is good -looking. With
juries, it's about weighing evidence,
308
00:17:11,819 --> 00:17:12,819
they'll do that.
309
00:17:12,880 --> 00:17:13,880
I'm not losing.
310
00:17:16,440 --> 00:17:18,720
What were you treating Karen Wallace
for?
311
00:17:19,500 --> 00:17:20,599
Anxiety. Depression.
312
00:17:21,160 --> 00:17:22,599
Depression? Yes.
313
00:17:23,240 --> 00:17:24,579
What was she depressed over?
314
00:17:25,359 --> 00:17:26,440
Mainly her marriage.
315
00:17:26,740 --> 00:17:28,800
She felt it was rather loveless.
316
00:17:29,760 --> 00:17:30,760
Also her life.
317
00:17:31,440 --> 00:17:33,000
Did you regard her as suicidal?
318
00:17:33,720 --> 00:17:38,400
No, I did not. But doctor, now that
she's turned up dead, do you now think
319
00:17:38,400 --> 00:17:39,720
perhaps she was suicidal?
320
00:17:40,340 --> 00:17:41,780
No, I do not.
321
00:17:42,540 --> 00:17:46,560
Many people experience depression and
hopelessness. That doesn't mean they
322
00:17:46,560 --> 00:17:47,419
their lives.
323
00:17:47,420 --> 00:17:50,740
And the very reason that Mrs. Wallace
had come to me was to improve things.
324
00:17:51,320 --> 00:17:52,440
She was looking forward.
325
00:17:53,420 --> 00:17:56,340
I don't believe at all that she had the
mental state to take her own life.
326
00:17:57,450 --> 00:18:00,730
How did it make you feel to learn that a
patient you had been treating for
327
00:18:00,730 --> 00:18:02,770
depression killed herself?
328
00:18:03,590 --> 00:18:05,370
Obviously, it was distressing to hear
it.
329
00:18:05,610 --> 00:18:09,770
Certainly, a person experiencing
hopelessness, suffering depression,
330
00:18:09,770 --> 00:18:13,650
from monoxide poisoning with a hose
connected to the exhaust pipe of the
331
00:18:13,810 --> 00:18:17,310
you had to wonder if maybe she did kill
herself.
332
00:18:18,110 --> 00:18:20,130
Didn't you at least wonder, Doctor?
333
00:18:20,510 --> 00:18:23,510
I wondered, but I still don't believe
she took her life.
334
00:18:23,710 --> 00:18:25,710
Well, if it were foreseeable that she
might.
335
00:18:26,360 --> 00:18:29,980
take her life and you did nothing you
might be held liable isn't that right
336
00:18:29,980 --> 00:18:35,860
doctor what are you saying mr donald i'm
saying you have motive to deny she was
337
00:18:35,860 --> 00:18:40,500
suicidal objection leading after she's
found dead you don't even notify the
338
00:18:40,500 --> 00:18:43,660
police that you were treating her No.
What were you trying to hide?
339
00:18:43,940 --> 00:18:45,840
Objection. Permission to treat the
witness as hostile?
340
00:18:46,220 --> 00:18:50,520
Objection. Overruled. Why not come
forward to anybody and say, hey, I was
341
00:18:50,520 --> 00:18:53,780
treating her? There's a privilege. Which
does not survive the patient's death.
342
00:18:53,880 --> 00:18:57,200
You were trying to hide the fact that
you were treating her because you knew
343
00:18:57,200 --> 00:18:58,200
was potentially suicidal.
344
00:18:58,320 --> 00:19:01,160
Objection. You are afraid of being hit
with a judgment. Just like you are now.
345
00:19:01,320 --> 00:19:05,120
You let this man go down because you are
afraid of being hit with a judgment.
346
00:19:05,120 --> 00:19:05,679
All right.
347
00:19:05,680 --> 00:19:07,220
Mr. Donald, dial it back.
348
00:19:12,200 --> 00:19:14,860
Did you tell that witness you would be
going after him like that?
349
00:19:15,340 --> 00:19:16,340
No.
350
00:19:17,260 --> 00:19:18,900
Because? Because I needed him.
351
00:19:19,160 --> 00:19:22,040
And he never would have cooperated
knowing what he was in for.
352
00:19:22,600 --> 00:19:25,420
Why didn't you just call him as a
hostile witness to begin with? Because I
353
00:19:25,420 --> 00:19:29,580
I'd get more out of him this way. First
as an ally and then blindsiding him. I
354
00:19:29,580 --> 00:19:32,680
don't think I blindsided him, but...
Yes.
355
00:19:33,900 --> 00:19:38,180
Don't you think that perpetuates the
very distrust you spoke of before
356
00:19:38,180 --> 00:19:39,180
DAs and defense attorneys?
357
00:19:39,630 --> 00:19:41,910
My goal here isn't to repair trust.
358
00:19:42,630 --> 00:19:43,990
It's to get an acquittal.
359
00:19:44,890 --> 00:19:46,430
And you're comfortable with yourself?
360
00:19:47,750 --> 00:19:48,750
Yes.
361
00:19:49,870 --> 00:19:52,190
The truth is, he isn't comfortable.
362
00:19:53,110 --> 00:19:58,170
And when he and Lindsay have this baby,
it's going to be the beginning of the
363
00:19:58,170 --> 00:20:00,390
end of his criminal defense days.
364
00:20:00,830 --> 00:20:01,830
Why?
365
00:20:03,530 --> 00:20:07,630
Because with Bobby, this job is who he
is.
366
00:20:08,220 --> 00:20:12,700
And when he starts to see himself
through his son's eyes or his daughter's
367
00:20:12,840 --> 00:20:16,240
forget it. It's over.
368
00:20:19,580 --> 00:20:21,480
It's gone as well as we could have
expected.
369
00:20:22,200 --> 00:20:26,100
That videotape is still the biggest
piece of evidence, and you'll have to
370
00:20:26,100 --> 00:20:27,700
account for it. I understand.
371
00:20:29,240 --> 00:20:30,520
Just tell the truth, Scott.
372
00:20:32,040 --> 00:20:33,500
Truth is on our side here.
373
00:20:33,760 --> 00:20:34,760
Yeah.
374
00:20:35,280 --> 00:20:37,970
Uh, you want... Go over my testimony
again?
375
00:20:38,470 --> 00:20:41,410
Actually, I prefer not to. I don't want
it coming off rehearsed.
376
00:20:44,590 --> 00:20:50,030
Now, Richard Bay, he's going to come at
you all rabid.
377
00:20:50,350 --> 00:20:54,570
That's his style. I can protect you, but
I prefer not to.
378
00:20:54,850 --> 00:20:55,850
I can handle him.
379
00:20:56,370 --> 00:20:59,750
Lastly, your anger towards your wife for
what she did to you.
380
00:21:00,710 --> 00:21:02,490
Let's play that down tomorrow.
381
00:21:02,910 --> 00:21:04,770
We don't want them seeing anger.
382
00:21:05,950 --> 00:21:06,950
Okay.
383
00:21:10,630 --> 00:21:11,670
You all right, Scott?
384
00:21:12,870 --> 00:21:13,870
I'm nervous.
385
00:21:15,110 --> 00:21:17,250
Other than that...
386
00:21:17,250 --> 00:21:25,450
You
387
00:21:25,450 --> 00:21:26,450
look scared.
388
00:21:28,750 --> 00:21:30,070
It's been a long haul.
389
00:21:31,570 --> 00:21:34,030
Have you seen any good peel issues so
far?
390
00:21:38,640 --> 00:21:40,240
That's the thing about Judge Hiller.
391
00:21:41,160 --> 00:21:43,120
Her trials don't get overturned.
392
00:21:43,780 --> 00:21:48,860
So basically, if you don't win here,
Scott Wallace is never coming out.
393
00:21:59,580 --> 00:22:02,100
Were you surprised Bobby said yes to the
cameras?
394
00:22:02,360 --> 00:22:06,600
Not really. If he loses, he hopes you
catch some prosecutorial misconduct on
395
00:22:06,600 --> 00:22:08,360
tape. Give him grounds for appeal.
396
00:22:08,740 --> 00:22:12,420
What if he wins and Richard Bay spots
misconduct on Bobby's part?
397
00:22:12,900 --> 00:22:13,859
Doesn't matter.
398
00:22:13,860 --> 00:22:16,000
Double jeopardy. Not guilty is not
guilty.
399
00:22:25,740 --> 00:22:28,320
Bay's got the monitor set up. It looks
like he plans to show the tape again.
400
00:22:28,580 --> 00:22:29,580
What a shot. Can you tell Scott?
401
00:22:29,780 --> 00:22:30,780
He's ready.
402
00:22:31,780 --> 00:22:34,160
She just announced that she planned to
leave me.
403
00:22:34,500 --> 00:22:35,540
Did you see this coming?
404
00:22:35,800 --> 00:22:36,800
Not at all.
405
00:22:37,640 --> 00:22:42,940
We'd had our problems, and I knew she
was unhappy, but I never expected her to
406
00:22:42,940 --> 00:22:43,940
walk out.
407
00:22:44,240 --> 00:22:45,740
Did you want to stay married?
408
00:22:46,340 --> 00:22:49,920
Yes, I asked if we could get therapy.
409
00:22:50,720 --> 00:22:56,020
She said it was too late. She'd already
made up her mind, and she said that she
410
00:22:56,020 --> 00:22:57,440
wanted to live life without me.
411
00:22:58,620 --> 00:23:05,120
She said it had been years since she
felt the slightest twinge of happiness
412
00:23:05,120 --> 00:23:11,690
me. And that was how she put it, the
slightest twinge. And she said she
413
00:23:11,690 --> 00:23:12,690
out.
414
00:23:13,110 --> 00:23:14,210
And then what happened?
415
00:23:15,290 --> 00:23:16,290
We argued.
416
00:23:17,010 --> 00:23:19,530
We engaged in some name -calling.
417
00:23:20,450 --> 00:23:21,830
Did you call her a liar?
418
00:23:22,390 --> 00:23:23,870
Among other things, yeah.
419
00:23:25,750 --> 00:23:30,550
Then I went upstairs to the bedroom, got
ready for bed, and watched TV.
420
00:23:30,790 --> 00:23:33,970
Your wife tells you she's leaving you
and you watch television?
421
00:23:34,510 --> 00:23:39,090
Well, I had hoped that when she came up,
after things calmed down a little bit,
422
00:23:39,110 --> 00:23:42,070
that I could, you know, maybe talk her
out of it.
423
00:23:43,310 --> 00:23:44,310
So what happened?
424
00:23:44,530 --> 00:23:45,530
Well, I waited.
425
00:23:46,270 --> 00:23:52,150
After about an hour and a half, she
still hadn't come up, so I figured she
426
00:23:52,150 --> 00:23:55,230
probably had a drink and decided to
sleep on the couch.
427
00:23:55,670 --> 00:23:58,590
So I went down, and she wasn't there.
428
00:23:59,950 --> 00:24:01,930
I thought, well, maybe she left.
429
00:24:02,600 --> 00:24:05,240
but I thought I would have heard the car
pull out.
430
00:24:06,220 --> 00:24:12,040
So I went to check, and when
431
00:24:12,040 --> 00:24:18,480
I opened the door to the garage, I
432
00:24:18,480 --> 00:24:23,620
just smelled the exhaust, and it was all
smoky in there.
433
00:24:23,980 --> 00:24:24,980
And then what?
434
00:24:26,920 --> 00:24:31,280
I went in, and I had to open it.
435
00:24:31,720 --> 00:24:37,780
garage door because I couldn't breathe
the exhaust and I saw the hose.
436
00:24:43,780 --> 00:24:44,780
Mr. Wallace.
437
00:24:45,580 --> 00:24:52,380
It was a garden hose. It was taped to
the exhaust pipe of the
438
00:24:52,380 --> 00:24:59,160
car. The car was running and the hose
went into the front
439
00:24:59,160 --> 00:25:00,160
window.
440
00:25:01,200 --> 00:25:02,200
What did you do then?
441
00:25:02,640 --> 00:25:06,320
I ran to the car. I opened the door and
there she was.
442
00:25:07,040 --> 00:25:11,980
Her head was back and her eyes were
closed and she wasn't breathing.
443
00:25:14,340 --> 00:25:15,860
She looked like she was sleeping.
444
00:25:16,760 --> 00:25:21,300
I screamed, Karen, and I shook her.
445
00:25:21,980 --> 00:25:24,100
She wouldn't wake up and I pulled her
out.
446
00:25:25,080 --> 00:25:26,080
She fell.
447
00:25:27,880 --> 00:25:30,380
And I tried giving her...
448
00:25:31,120 --> 00:25:34,360
Mouth to mouth and chest compressions,
but she wasn't breathing.
449
00:25:34,840 --> 00:25:36,140
She didn't have a pulse.
450
00:25:39,440 --> 00:25:46,100
I kept holding her nose closed and
451
00:25:46,100 --> 00:25:50,520
trying to blow air in her lungs, but she
wouldn't come back.
452
00:25:52,820 --> 00:25:53,900
She wouldn't come back.
453
00:25:55,840 --> 00:25:59,700
And when the police arrived, did you
tell them all this?
454
00:26:00,200 --> 00:26:01,200
Yeah, yeah.
455
00:26:02,260 --> 00:26:04,860
They asked me to come to the station.
456
00:26:05,840 --> 00:26:11,060
Scott, on that videotape, when they
accused you of killing Karen,
457
00:26:11,320 --> 00:26:14,540
why didn't you deny it?
458
00:26:15,620 --> 00:26:19,680
I don't think I could believe what I was
even hearing.
459
00:26:20,600 --> 00:26:26,420
I mean, I still couldn't believe she was
dead, and then some district attorney
460
00:26:26,420 --> 00:26:27,800
was saying that I killed her.
461
00:26:29,770 --> 00:26:33,890
I remember feeling nauseous and like I
was going to black out.
462
00:26:34,770 --> 00:26:39,010
I'm going to give you another chance to
answer that question.
463
00:26:42,330 --> 00:26:45,230
Did you kill your wife?
464
00:26:47,110 --> 00:26:48,110
No.
465
00:26:53,590 --> 00:26:54,590
I'm sorry.
466
00:26:54,970 --> 00:26:56,290
It's just for a...
467
00:26:57,480 --> 00:27:03,260
For six months you have been asking me
not to speak to anyone, and I never
468
00:27:03,380 --> 00:27:10,200
and I've waited for this day to come
before everyone and finally
469
00:27:10,200 --> 00:27:13,240
say I didn't kill her.
470
00:27:14,820 --> 00:27:17,340
I did not commit any crime.
471
00:27:46,960 --> 00:27:49,640
You're an investment banker, is that
correct, Mr. Wallace?
472
00:27:49,880 --> 00:27:50,880
Yes, that's right.
473
00:27:51,480 --> 00:27:56,560
In the month or so prior to your wife's
sudden death, how are things going for
474
00:27:56,560 --> 00:27:57,560
you at work?
475
00:27:57,660 --> 00:27:59,040
Well, it had been rough.
476
00:27:59,600 --> 00:28:00,880
The market was off.
477
00:28:01,220 --> 00:28:02,820
Had you been told you might be let go?
478
00:28:03,640 --> 00:28:08,820
Well, my firm was scaling back, yes. I
was told that my position was tenuous.
479
00:28:09,840 --> 00:28:12,320
How about your own personal assets?
480
00:28:12,720 --> 00:28:15,900
You'd suffered some losses, hadn't you?
A few, yes.
481
00:28:16,620 --> 00:28:20,040
At the time of your wife's sudden death,
you were nearly broke, weren't you,
482
00:28:20,080 --> 00:28:24,100
sir? Well, I would hardly say I was
broke, Mr. Bay. I did live in a million
483
00:28:24,100 --> 00:28:24,999
-dollar house.
484
00:28:25,000 --> 00:28:29,220
Fully paid for? No. We had a mortgage of
about $400 ,000.
485
00:28:29,460 --> 00:28:30,520
And the other assets?
486
00:28:31,960 --> 00:28:34,280
My savings, some stocks.
487
00:28:35,080 --> 00:28:39,280
Totaling more or less than $50 ,000 at
the time of your wife's sudden death.
488
00:28:40,490 --> 00:28:42,030
At the exact time left.
489
00:28:42,530 --> 00:28:46,350
But stocks have... Thank you, sir. So at
the time of your wife's sudden death,
490
00:28:46,490 --> 00:28:51,590
your assets totaled about $650 ,000. A
divorce would have cut that in half.
491
00:28:51,890 --> 00:28:55,970
Add to that attorney fees plus alimony,
plus you were looking at unemployment.
492
00:28:56,610 --> 00:29:00,730
Did you have a life insurance policy on
your wife at the time of her sudden
493
00:29:00,730 --> 00:29:01,970
death? Objection.
494
00:29:02,610 --> 00:29:06,310
Overruled. Did you, sir? There were life
insurance policies for both of us.
495
00:29:06,680 --> 00:29:10,240
The policy was to pay you over a million
dollars in the event of her death.
496
00:29:10,580 --> 00:29:11,580
Isn't that correct?
497
00:29:11,860 --> 00:29:12,860
Yes.
498
00:29:13,120 --> 00:29:15,820
When did you renew that policy, sir?
499
00:29:16,040 --> 00:29:19,280
We both renewed the policy. When did you
both renew that policy?
500
00:29:20,080 --> 00:29:21,860
I think it was around May.
501
00:29:22,840 --> 00:29:25,580
Approximately a month before her sudden
death.
502
00:29:26,500 --> 00:29:28,300
Did you kill your wife for money, sir?
503
00:29:29,800 --> 00:29:30,820
No, I did not.
504
00:29:31,390 --> 00:29:33,250
Gee, you seem capable of denying it now.
505
00:29:34,010 --> 00:29:37,990
Objection. Sustained. You've got a
suicidal woman on your hands. You get
506
00:29:37,990 --> 00:29:40,390
big fight, and you go upstairs and watch
television?
507
00:29:40,630 --> 00:29:43,650
Well, I didn't know she was on the verge
of taking her life. And hey, look, I
508
00:29:43,650 --> 00:29:45,950
was angry that night, too. Angry enough
to kill her?
509
00:29:46,250 --> 00:29:48,170
No. Angry enough to have a mental
breakdown?
510
00:29:49,770 --> 00:29:51,670
Angry enough to have a mental breakdown,
sir?
511
00:29:51,950 --> 00:29:53,750
Objection calls for a medical opinion.
512
00:29:53,950 --> 00:29:55,390
I'll put it in layman's terms.
513
00:29:56,030 --> 00:29:57,170
Angry enough to snap?
514
00:29:57,590 --> 00:29:59,570
No. You're about to lose your job.
515
00:29:59,900 --> 00:30:03,340
You've already lost your money. Now
you're hit with losing your wife, your
516
00:30:03,340 --> 00:30:05,900
house. You weren't going to let that
happen, were you, Mr. Wallace? That's
517
00:30:05,900 --> 00:30:09,240
the way it happened. You snapped. I did
not. You hit her from behind. I never
518
00:30:09,240 --> 00:30:12,340
hit my wife. You cracked when you knew
you were caught. I did no such thing. We
519
00:30:12,340 --> 00:30:15,560
saw the tape. I explained. You killed
your wife. I did not!
520
00:30:18,060 --> 00:30:24,940
Are you about to get violent, Mr.
Wallace?
521
00:30:25,620 --> 00:30:26,620
Objection! Withdrawn.
522
00:30:28,520 --> 00:30:29,520
Nothing further.
523
00:30:31,870 --> 00:30:32,870
Chambers, Your Honor.
524
00:30:34,150 --> 00:30:38,070
It's bad faith. Bad faith? Never, ever
in the first trial today suggest
525
00:30:38,070 --> 00:30:41,410
financial gain as motive. None of the
police ever said it. Now something. So
526
00:30:41,410 --> 00:30:44,350
what? You decide on a new motive between
the first and the second trial. Why
527
00:30:44,350 --> 00:30:47,870
can't I? Without any new evidence, that
amounts to unfair surprise. Oh, you've
528
00:30:47,870 --> 00:30:49,930
got to be kidding me. You've got to
fabricate a new motive. All right.
529
00:30:50,210 --> 00:30:54,190
Bobby, there is nothing to prevent the
prosecution from changing strategies.
530
00:30:54,960 --> 00:30:58,920
At a minimum, it's bad faith. If he
truly believed that money was a motive,
531
00:30:58,920 --> 00:31:01,820
would have argued it in the first trial.
I didn't try the first one. Helen
532
00:31:01,820 --> 00:31:03,400
Gamble did. Oh, come on, Richard.
533
00:31:03,660 --> 00:31:04,800
What are you asking for?
534
00:31:05,000 --> 00:31:08,500
The Commonwealth does not have a good
faith belief in its motive theory, and
535
00:31:08,500 --> 00:31:12,320
spring it at a second trial constitutes
unfair surprise, and I'm asking that it
536
00:31:12,320 --> 00:31:13,320
be stricken.
537
00:31:13,380 --> 00:31:17,880
Forget it. Your Honor. Don't even waste
my time, Bobby. You don't know what Mr.
538
00:31:17,980 --> 00:31:22,720
Bay does or does not believe. They are
not bound by the strategy of the first
539
00:31:22,720 --> 00:31:23,720
trial.
540
00:31:24,360 --> 00:31:25,360
Do you believe it?
541
00:31:25,820 --> 00:31:26,960
That he killed her for money?
542
00:31:28,660 --> 00:31:31,460
I certainly don't know that he didn't.
That wasn't my question. You're not
543
00:31:31,460 --> 00:31:34,280
asking a question. You're making an
accusation, and I'm getting sick of it.
544
00:31:35,360 --> 00:31:39,100
The idea of giving you access was to let
you observe. It wasn't for you to
545
00:31:39,100 --> 00:31:40,100
charge in here with opinions.
546
00:31:40,280 --> 00:31:41,380
Was I doing that? Yes.
547
00:31:41,740 --> 00:31:45,000
You've been doing that, and I'm getting
fed up. You want to point your damn
548
00:31:45,000 --> 00:31:46,000
cameras? Fine.
549
00:31:46,460 --> 00:31:47,640
But enough with the judgments.
550
00:31:52,300 --> 00:31:53,620
What are you thinking right now?
551
00:31:54,890 --> 00:31:57,950
I'm thinking this is why you shouldn't
represent people you feel emotionally.
552
00:31:59,950 --> 00:32:04,870
Family members, friends. The best legal
advice you can give them is to hire
553
00:32:04,870 --> 00:32:05,870
somebody else.
554
00:32:05,990 --> 00:32:07,850
You think you've tried a bad case again?
555
00:32:09,930 --> 00:32:11,850
I was caught off guard with motive.
556
00:32:13,330 --> 00:32:15,590
I let the jury see me angry with the
witness.
557
00:32:15,810 --> 00:32:20,070
I... Yeah.
558
00:32:22,510 --> 00:32:23,610
I made some mistakes.
559
00:32:24,200 --> 00:32:25,200
I don't agree.
560
00:32:25,560 --> 00:32:26,700
What do you think, Lindsay?
561
00:32:28,200 --> 00:32:29,980
I think it's pretty even.
562
00:32:31,500 --> 00:32:33,780
And ties go to the defendants in this
business.
563
00:32:34,400 --> 00:32:36,180
Bobby Close is a lot better than Richard
Bay.
564
00:32:36,840 --> 00:32:37,840
This isn't over.
565
00:32:38,980 --> 00:32:44,800
The question I have... You have a client
charged with a violent, angry crime.
566
00:32:45,200 --> 00:32:47,420
You told him not to flesh anger.
567
00:32:48,960 --> 00:32:49,960
What happened?
568
00:33:12,880 --> 00:33:17,100
When I first became a lawyer, I used to
call my mother and tell her about my
569
00:33:17,100 --> 00:33:23,480
cases. I'd explain all the intricacies
and she'd get bored and snap at me, just
570
00:33:23,480 --> 00:33:24,940
nutshell the damn thing.
571
00:33:25,580 --> 00:33:30,520
And I discovered when I did nutshell,
most of those cases, which I thought
572
00:33:30,520 --> 00:33:34,420
so complicated, were actually quite
simple.
573
00:33:36,260 --> 00:33:38,300
The nutshell on this one.
574
00:33:40,180 --> 00:33:41,820
Man in financial trouble.
575
00:33:42,510 --> 00:33:44,670
renews insurance policy on wife.
576
00:33:45,830 --> 00:33:47,710
She announces she's leaving him.
577
00:33:48,530 --> 00:33:52,310
She's found dead with a whack on the
back of the head.
578
00:33:53,150 --> 00:33:54,710
That pretty much says it all.
579
00:33:55,430 --> 00:33:59,330
In the way of proof, there's certainly a
lot more.
580
00:33:59,870 --> 00:34:03,590
All the DNA evidence points to him. Not
most of it.
581
00:34:03,810 --> 00:34:04,810
All.
582
00:34:05,520 --> 00:34:10,760
Her skin found under his fingernails.
His skin cells and prints found on her
583
00:34:10,760 --> 00:34:11,780
head and neck.
584
00:34:12,380 --> 00:34:18,440
His admission caught right on videotape.
His anger displayed right here on the
585
00:34:18,440 --> 00:34:24,260
stand. His own treating psychiatrist
diagnosed him borderline psychotic.
586
00:34:26,420 --> 00:34:28,159
She didn't commit suicide.
587
00:34:30,540 --> 00:34:35,360
The psychiatrist who was treating Karen
Wallace, he told you she wasn't
588
00:34:35,360 --> 00:34:36,360
suicidal.
589
00:34:37,020 --> 00:34:40,100
This woman was murdered.
590
00:34:41,480 --> 00:34:43,679
All the evidence tells you so.
591
00:34:44,639 --> 00:34:51,120
And Scott Wallace... You put her in the
car to make it look like a suicide.
592
00:34:53,179 --> 00:34:54,199
That's what happened.
593
00:35:04,780 --> 00:35:06,080
He told you so, too.
594
00:35:07,520 --> 00:35:08,520
Didn't he?
595
00:35:23,740 --> 00:35:28,980
The only reason Scott Wallace was ever
arrested was that perceived admission.
596
00:35:29,690 --> 00:35:34,730
The DNA evidence, the head fracture, all
that came from him trying to save her.
597
00:35:34,990 --> 00:35:40,310
The prosecution's entire case is his
reaction to being accused of the murder.
598
00:35:40,890 --> 00:35:43,330
It wasn't a normal reaction, they say.
599
00:35:43,890 --> 00:35:46,630
That's not how people normally respond.
600
00:35:47,470 --> 00:35:49,250
Have you ever been in this situation?
601
00:35:50,250 --> 00:35:51,770
Your wife died recently?
602
00:35:52,150 --> 00:35:53,170
Your husband?
603
00:35:53,430 --> 00:35:57,310
Any of you accused of murdering a
spouse?
604
00:35:58,250 --> 00:36:02,930
In the immediate wake of discovering the
death, we're really going to sit here
605
00:36:02,930 --> 00:36:04,470
and discuss normal reactions?
606
00:36:05,670 --> 00:36:09,470
Seems to me a mental breakdown of some
sort is the most normal.
607
00:36:09,810 --> 00:36:12,050
That's what Dr. Murphy told you Scott
was experiencing.
608
00:36:12,350 --> 00:36:13,730
Scott himself told you that.
609
00:36:14,230 --> 00:36:17,210
He was feeling nauseous in that
interrogation, about to black out.
610
00:36:17,590 --> 00:36:21,290
As Dr. Murphy said, he was suffering
from twin positional trauma.
611
00:36:23,110 --> 00:36:26,470
How dare they charge him with murder?
612
00:36:27,120 --> 00:36:29,700
Because they didn't like the way he
responded to being accused?
613
00:36:31,280 --> 00:36:33,700
They better have more than that, and
they don't.
614
00:36:34,420 --> 00:36:39,920
And now, now the DA wants you to find
guilt because Scott Wallace got angry in
615
00:36:39,920 --> 00:36:40,920
the witness chair.
616
00:36:41,560 --> 00:36:44,460
Oh, you saw his rage, didn't you? Let's
convict on that.
617
00:36:45,260 --> 00:36:49,580
First they arrest him because he didn't
get angry, and now they want you to
618
00:36:49,580 --> 00:36:50,660
convict because he did.
619
00:36:57,070 --> 00:37:01,390
You know, people ask me how I can spend
my days being a criminal defense lawyer.
620
00:37:03,910 --> 00:37:10,750
Defending guilty people. Well, I am in
this to defend the
621
00:37:10,750 --> 00:37:11,750
innocent ones.
622
00:37:12,270 --> 00:37:15,350
And there's an innocent one sitting
right over there.
623
00:37:17,530 --> 00:37:21,670
For six months now, they've kept him
locked up.
624
00:37:23,250 --> 00:37:24,710
He couldn't even go to a funeral.
625
00:37:26,030 --> 00:37:27,710
He's never been to her grave.
626
00:37:28,970 --> 00:37:31,810
They've taken away his life.
627
00:37:34,130 --> 00:37:36,110
Karen Wallace took her own.
628
00:37:36,970 --> 00:37:40,630
The police have taken his.
629
00:37:41,650 --> 00:37:43,630
Enough is enough.
630
00:37:46,790 --> 00:37:53,390
Give freedom back to
631
00:37:53,390 --> 00:37:54,610
an innocent man.
632
00:38:07,540 --> 00:38:08,540
Nutshell.
633
00:38:09,860 --> 00:38:16,260
Borderline psychotic man in financial
trouble renews insurance policy on wife
634
00:38:16,260 --> 00:38:18,340
month before her death.
635
00:38:19,560 --> 00:38:21,260
She threatens to leave him.
636
00:38:21,680 --> 00:38:23,740
He's heard screaming at her.
637
00:38:24,120 --> 00:38:26,960
She's found dead with a fractured skull.
638
00:38:28,500 --> 00:38:34,060
When accused of the crime, he doesn't
even deny it.
639
00:38:44,330 --> 00:38:45,870
like Bobby Donald, personally?
640
00:38:46,930 --> 00:38:48,390
He's a pretty good guy.
641
00:38:49,510 --> 00:38:53,590
It's one thing for two men looking at
the same evidence to have different
642
00:38:53,590 --> 00:38:58,330
opinions, but you two seem so convinced
in opposite directions.
643
00:39:01,610 --> 00:39:04,390
DAs come to prosecute those they believe
to be guilty.
644
00:39:06,130 --> 00:39:09,630
Defense attorneys come to believe those
they choose to defend.
645
00:39:10,710 --> 00:39:13,350
That certainly makes the DAs sound more
noble.
646
00:39:16,620 --> 00:39:17,620
We are.
647
00:39:20,500 --> 00:39:22,800
Does he usually hibernate when he waits
for a verdict?
648
00:39:23,100 --> 00:39:24,100
Yeah.
649
00:39:24,440 --> 00:39:25,880
Waiting can be a killer.
650
00:39:26,580 --> 00:39:28,760
A lot of lawyers just go about other
business.
651
00:39:29,520 --> 00:39:30,880
Bobby, he can't.
652
00:39:31,340 --> 00:39:32,420
Aren't there other clients?
653
00:39:32,880 --> 00:39:36,520
Plenty. And he could be out right now
bringing in new ones.
654
00:39:38,300 --> 00:39:39,300
Bobby Donald.
655
00:39:39,460 --> 00:39:42,280
If you're looking to build a law
practice, he's not the guy to hire.
656
00:39:43,000 --> 00:39:44,820
But if you ever get charged with
murder...
657
00:39:47,299 --> 00:39:48,299
Hotline. Hello?
658
00:39:50,360 --> 00:39:51,360
Okay, thank you.
659
00:39:52,680 --> 00:39:53,680
Jury's back.
660
00:40:30,890 --> 00:40:32,710
Mr. Wallace, would you please rise?
661
00:40:38,310 --> 00:40:40,230
The jury has reached its verdict.
662
00:40:40,450 --> 00:40:41,450
We have, Your Honor.
663
00:40:41,830 --> 00:40:42,830
What say you?
664
00:40:46,530 --> 00:40:51,490
Commonwealth v. Scott Wallace on count
one, murder in the first degree. We find
665
00:40:51,490 --> 00:40:54,730
the defendant, Scott Wallace, not
guilty.
666
00:40:59,330 --> 00:41:03,630
Count two, murder in the second degree.
We find the defendant, Scott Wallace,
667
00:41:03,850 --> 00:41:05,930
not guilty.
668
00:41:08,950 --> 00:41:12,770
Members of the jury, this concludes your
service on behalf of the Commonwealth.
669
00:41:12,970 --> 00:41:13,970
I thank you.
670
00:41:14,590 --> 00:41:18,330
Mr. Wallace, you are free to go. We are
adjourned.
671
00:41:48,490 --> 00:41:49,950
It wasn't as ugly as you predicted.
672
00:41:50,970 --> 00:41:55,350
No. I thought they all behaved very
well. It was nice to see for a change.
673
00:41:56,230 --> 00:41:57,850
Do you think it was the right result?
674
00:41:59,910 --> 00:42:00,910
Probably.
675
00:42:01,350 --> 00:42:03,370
I suppose there was reasonable doubt.
676
00:42:03,570 --> 00:42:06,050
But do you think it was the right
result?
677
00:42:09,290 --> 00:42:11,090
I haven't the slightest idea.
53590
Can't find what you're looking for?
Get subtitles in any language from opensubtitles.com, and translate them here.