All language subtitles for The Practice s05e06 Show and Tell

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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

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