Original subtitles

We've all seen the famous videotape.

It does look like you.

That's the bad news.

The good news is it's only from the side and the back.

The face is invisible.

Why is that good news, Jimmy? If the face were visible, the jury would see it

wasn't me.

Right.

Are you ready?

I guess.

Is a person ever ready to stand trial for murder?

I'm okay.

You're sure?

Yeah.

Now go home.

Get a good night's sleep if you can.

Tomorrow it starts.

Okay,

see you tomorrow.

Bobby.

You don't think we should be looking to cut a deal here?

There's no deal to be had.

We'd get manslaughter at best, which is out of the question.

Why is it out of the question?

They got motive?

Forensics put her at the scene.

That videotape gives them timing. The case got tougher, I agree.

But how can we accept a homicide conviction on this?

Even if it's manslaughter?

Bobby, you don't think she did it?

I know she didn't do it.

She's innocent.

Okay.

There's evidently some press out front, but they've agreed to let you come in

through the back. I think it's best we do that.

Okay.

Confident.

Remember?

Oh, here we go. Great timing.

What's wrong?

Rape crisis.

Eugene, you're in charge.

Lucy Hatcher, rape crisis.

Through that door.

Miss Walters, I'm Lucy Hatcher from Rape Crisis.

Thank you for coming.

I'll, um, I'll just explain to you some of the procedures.

The key thing here is trajectory.

You can see it goes slightly downward.

Now, typically in a suicide, when somebody puts a gun to his head, the

would be upwards.

Specifically, Doctor, what did the trajectory here indicate?

That somebody was standing over him and shot him point -blank from slightly

behind, which would also account for why he fell forward.

Typically, contact wounds to the head are more times than not suicides.

That is correct, but... Thank you, Doctor. And, Doctor, can you state to a

medical certainty this was not a suicide? We can't rule it out to a

certainty. Thank you, Doctor.

And as I read the coroner's incidental report, I see listed under cause of

death, probable suicide.

Yes, but we later concluded otherwise.

Yes, and was that subsequent conclusion based strictly on autopsy findings?

Or did you take into consideration other circumstantial or physical evidence

supplied to you by the police?

We considered other evidence as well.

Thank you, Doctor.

I don't understand.

You plan to put Mr.

Potter's reputation on trial?

No, we don't. We just... If he had an affair with Ms. Defoe, did

he have any other affairs to your knowledge?

Not to my knowledge.

But it's not as if he would tell me. No, but as his secretary, you would know

the calls he got and see who walked in his office.

Well, the only person was Ms. Defoe.

Hey. Hey, Helen.

Sybil, this is Helen Gamble. She's a district attorney.

How you doing?

Well, all things considered, Philadelphia seems nice.

Yeah.

Well, I do have some good news.

We caught the man.

You did?

He posed as a delivery boy.

Listen, do you think you could possibly look at a police lineup?

Be in a room with him. No, a separate room, and he wouldn't be able to see

I could be right with you at all times.

Oh, God, I don't know.

It would only take a minute.

It was two nights before the accident that I discovered them. Your husband and

defendant? Yes.

I was leaving for the weekend to visit my sister.

My flight was canceled.

I came back home.

She was there.

And what happened then, Mrs. Potter?

Well, Bernard and I had a rather massive argument.

We, um... Two days later, we were still fighting.

And it was during an argument while driving.

That the accident happened.

As a result of this automobile accident, you lost the use of your legs?

Yes. How did your husband react to your injury?

He felt extremely guilty.

Shortly after, he terminated his relationship with Ms. Defoe.

Did you ever talk to her?

On a couple of occasions.

Could you describe her demeanor?

She just seemed urgent to the point of being frantic. So from your observation,

she didn't take the breakup very well?

No.

Now, Mrs. Potter, the defense has speculated that your husband possibly

own life. I can't believe he would commit suicide.

On the day of his death, did he seem despondent or... I will not sit here and

proclaim he was a happy man the day he died.

But to the extent I can say that I did know my husband,

I cannot see him capable of suicide.

You have to cross her easy, Jimmy.

Otherwise, we'll completely alienate the jury.

I know.

I don't think she hurt us too badly.

He is beautiful.

I think he's sad enough.

Any word from Rebecca?

She's still doing interviews.

I'll see if she's called in.

This is how my life was supposed to have turned out.

I grew up in a family where family was everything.

So when people look at me like I'm a murderer, I can only control myself with

the fact that they have it wrong.

I feel the accusation of being a homewrecker.

It really hurts.

Does it have it right?

Hey.

Hey.

Sorry I'm late. The depo ran over.

Hey, buddy.

Come here.

Hi.

How'd the first day go?

Not too bad.

But their big guns come tomorrow.

Probably have a late night tonight.

Okay.

Late night for Jimmy, too?

Probably.

At the time of your husband's death, you testified these were not happy times.

In fact... He was being treated for depression, was he?

Yes. And you also spoke of his guilt for both the affair and the accident.

Yes.

What is or was your favorite hobby?

Walking.

I'm told you'd often drive into the city and walk for hours. Is that correct?

Yes. Did your husband once say to people he wished he'd been killed in the

accident? He said...

He'd rather he lost his life than me lose my leg, yes.

But I never took it to mean he was suicidal.

But he said it.

He wished he'd been killed.

Now, if at any time you feel this is too much... Okay.

Bring them in.

You okay?

Yes. Number one, please step forward.

No.

Step back, number one. Number two, please step forward.

No.

Number two, step back.

Number three, step forward.

Knitwalter, do you recognize this man?

No.

Are you sure it isn't him?

I'll check.

She recognized him, Lucy.

She must still be in trauma.

It was probably too soon to do this.

Look, our ability to put this guy away depends on her.

Without the ID, I can't even file.

You didn't find any forensic evidence?

We found three hairs in the victim's office, all belonging to the defendant.

Now, the defendant certainly admits to being in that office in the past.

The cleaning crew informed us that the floors are vacuumed every single night.

Which led you to conclude... Ms. Defoe was there that night.

Any other evidence pointing to that?

Telephone records show that Mr. Potter placed a call to her 40 minutes prior to

the murder.

Then, of course, the videotape.

That's the clearest image we have.

This was taken when? Three minutes after the gunshot was heard.

Now, Detective, is there any footage of this person going into the stairwell?

No. Our theory is she probably went up in the elevator.

So you think it's likely that this person went up the elevator and down the

stairwell? Correct.

Detective, are you able to tell from this video how tall this person is? Yes.

Breaking it down to scale, we determined this person is 5 feet 4 inches tall.

How tall is the defendant, if you know?

5 feet 4 inches tall.

The two weeks before, she would come in unannounced.

Demand to see Mr. Potter.

She'd often call a lot.

Could you describe Katie Defoe's demeanor during these visits?

She was upset.

She seemed hurt.

Why do you look so doomed?

You knew about all this evidence.

We're not doomed.

But Katie, if you went into that building that night...

I'm not accusing you of the murder, but if you went into that building at all, I

prefer we admit it and deal with it.

I did not go into the building.

Jimmy, can you give us a second?

I think I need to explain.

Over the last few months, I've... I've grown fond of you,

Katie.

Lately, uh... I tell you this not as some kind of advance.

I'm very happily married.

I love my wife totally.

But since I do have feelings,

I have to be conscious of the reality that my judgment could be colored.

It's for that reason I just asked you that question.

So that if trust you feel isn't so much for you, that it is for my own

objectiveness.

Do I need to get a different lawyer?

No. When I saw him, a sudden thought of having to sit through the

trial, looking at him every day.

I just can't do it.

You don't have to apologize for being afraid.

It's not just fear, Lucy.

I'm 83.

I haven't many years to live.

I don't want to spend one of them embroiled.

I think I could survive this best if I could somehow

bring myself to forgive him and move on.

Okay.

Anyway, I can help you.

You could make him apologize.

I've been a police criminologist for 11 years.

And what findings, if any, did you make, Doctor? This was not a suicide.

Can you tell the court what psychological evidence led you to this

In the days leading up to the death, Mr. Potter was very driven at work.

Even productive. He was meeting deadlines.

This kind of efficiency belies the notion of a man intending to end his

He was getting therapy, both personally and marital counseling. This again

suggests that he was looking to heal, move ahead, not die.

The main thing... He left no note.

If guilt is the motivating factor for suicide, in my experience, there's

always a note.

Doctor, you have known cases where suicides have not been planned out. The

victim acts on a sudden decision.

Yes. Even in cases where people are on the mend, getting help, productive at

work. That's not the usual. But it's been known to happen.

People just snap.

Those cases usually involve schizophrenia or chemical problems.

indicated with Mr. Potter.

But it's happened.

Of course.

There's anecdotal evidence for almost everything.

But... Thank you.

I'd like to finish my response. You answered my question. No, I'm telling

haven't answered it.

Is suicide possible here? Of course it is. Anything's possible.

But based on my 17 years as a trained professional dealing with this very

question, I am adamant in my belief that this man was murdered.

It's not even a difficult call.

Scared, Bobby. We haven't even put on our defense yet. But our whole defense

basically my word.

The way the jurors are looking at me... What do we say about panic?

We can't have panic.

What if I get scared during my testimony? It might make me look guilty.

What if I get nervous and I can't remember?

Hey, hey, hey.

Jimmy, tell Rebecca to revisit Potter's therapist. Remind him privilege doesn't

survive his patient's death.

I think she did that. Tell her to try harder.

This man was treating the guy for depression. He's bound to have something

can use.

If he doesn't agree, slap him with a summons. I want him in that chair.

The breakup was very painful.

I don't deny that.

We've heard testimony that you repeatedly tried to change his mind.

That you would show up at his office unannounced.

I did.

I was hurting.

In the days leading up to Bernard's death, did you notice any suicidal

tendencies? The only strange thing was the phone call.

What phone call was that?

About 40 minutes prior to his death, he telephoned me.

He said he would never see me again.

He said goodbye, and he hung up.

It seemed very odd, and his voice sounded slightly erratic.

What did you do then?

I tried to call him back.

The call didn't go through, and I never got him.

And the next thing, I'm told he's dead.

Ms. Defoe, did you go to Bernard Potter's building that night?

I absolutely did not. Did you go anywhere that night?

No, I stayed at home.

You're sitting in this courtroom today, accused of murder.

I committed adultery with Bernard Potter, for which I'm very much ashamed.

And as I said, I feel guilty.

And I take responsibility for what happened to his wife, but I didn't kill

I could never be capable of such a crime with anyone.

Especially someone that I loved.

So it was him?

Yes.

And maybe in time she'll change her mind, but for now she just doesn't want

ordeal of a trial. Well, she'd only have to be there for her testimony.

But he'd have to be in the room, right?

And she wants him to apologize?

What are you hatching up?

We get that apology on tape. We don't need her ID.

Go tell him he'll be made by the woman unless he apologizes.

So you just happened to get a very strange call from Bernard Potter shortly

before his death.

Never going to see you again.

Goodbye.

Yeah. And you tried to call him back?

Several times.

Why are there no phone records of any such return calls?

Because the message center picks up after the sixth call, and I typically

up after five.

I see.

Ever take a lesson in how to shoot a gun?

Yes. When?

About a month before Bernard Potter's death.

Just thought it might be wise to know how to shoot a gun.

A lot of women look into personal protection, Mr. Walsh.

You say that isn't you.

It isn't. You've been seen wearing that type of overcoat many times, haven't

you, Mr. Faux?

Thousands and thousands of women in Boston wear that style of overcoat.

What happened to yours?

We couldn't find it.

I threw it out.

When?

I have no idea.

I buy a lot of new clothes and I throw out the old ones.

Where'd you throw it out?

Just in the garbage.

You didn't give it to a friend or the Salvation Army?

You just threw it away?

Yes. There are witnesses that have seen you wearing that coat as recently as a

few weeks before the shooting.

You had a coat like that shortly before the murder.

It couldn't be found after the murder.

I'll say it one more time. We have to plead this.

What else did Potter's therapist say?

Just that.

But if he's called, he will reject the idea of suicide, so I don't think he's

worth it.

I'm going to call him. It's too dangerous.

You just saw what happened in there. Even so, you don't start winging it

through a trial.

Come on.

Bobby, I agree with Jimmy.

I'd have to let him back into my home?

With me here and the police in adjoining apartments, also in the hall.

I promise you'll be safe.

Oh.

I don't know.

It's totally your decision.

And I understand if you say no.

I'm just saying if your fear really is a long trial, it'll only take a few

minutes. You'll get your apology and you'll put him in jail.

And you'll be here with me every minute?

He was extremely guilt -ridden over the pain he caused his wife.

Let's be candid.

You don't think it was a suicide?

I don't think he was remotely suicidal.

Dr. Papp, during your therapy with Bernard Potter, he discussed his affair

Katie Defoe.

He did? Did he ever discuss having an affair with anybody else around the time

of his death?

Yes. Who?

His secretary, Michelle Farrell.

When did this affair end, if you know?

Objection. Hearsay.

Overruled. When did Mr. Potter's affair with Miss Farrell end?

About a week before his death.

Thank you.

Mr. Walsh.

I have no questions, but reserve the right to recall.

But this may step down.

The defense recalls Michelle Farrell.

Your Honor, I'd like some time in light of this new information.

We'll break for the day.

Resume tomorrow with Ms. Farrell.

If anything happens, we'll be in in three seconds.

Okay. Well, I'll be out in three seconds, so don't worry.

Good luck.

Mr. Macklin, my name is Lucy Hatcher. I'm from Rape Crisis.

I'm the counselor for the elderly woman you raped.

I don't know what you're talking about.

I think you do.

She made you in a police lineup yesterday.

Only so far, she's keeping it to herself since as a Christian woman, she

believes in forgiveness.

You got lucky.

But she only plans to forgive you if you repent.

You know her address.

Show up tomorrow at noon, tell the woman you're sorry, and be sorry.

She goes to the police.

So you're going to accuse the secretary?

I'm going to throw it out there.

She doesn't have a complete alibi, so who knows?

It seems a little desperate.

Well, we are desperate, Lindsay. I mean, Katie didn't do so well in the business

of the overcoat.

Did you ask her what she did with the overcoat?

She was asked three times.

She threw it out.

No, I don't mean on the stand.

I mean after.

In private.

You didn't ask?

I believe she threw it out.

What?

Are you involved with her, Bobby?

What? Look, I mean, it might just be my hormones. I'm sorry, but I just get this

weird feeling that something's going on.

The way you just believe her.

You believe something's going on? I'm just... Wondering, Lindsay?

I'm sorry.

You know me better than that.

I know. I'm just...

Maybe I'm just fried.

Why didn't you tell the police about your affair with Mr. Potter?

It wasn't relevant.

You break up with him a week before he's found dead?

It wasn't relevant?

No. You were asked point blank by Rebecca Washington, seated right over

whether Mr. Potter was having any other affairs, and you answered to the best of

your knowledge, no.

It's my private life.

Miss Farrell, did you kill your boss?

Objection. You had the opportunity, the motive.

How tall are you?

This is ridiculous.

How tall are you?

I'm 5 '4".

Your Honor, with the court's permission, I'd like the witness to step out of the

witness chair for a demonstration.

I object.

Ms. Farrell, please step out.

Stand just like this, please.

Could you put this out, please? I object to this grandstanding.

Overruled. Ms. Farrell, put the coat on.

And these glasses, please.

And the wig.

Katie?

From where I'm standing, I see reasonable doubt.

What happens now?

They cross her, establish her alibi.

She has one?

She was at a movie and can account for most of the night, not all of it.

How'd it play?

Honest.

A little desperate.

It could blow up in your face.

All I need is one juror.

You and Perry Mason.

I don't want to hear their crap in front of the client. You asked my opinion in

front of the client. You have a problem. Do I have a problem?

I've got a big problem.

I think you have feelings for this woman and you're not seeing straight.

That's my problem.

Is it just a game to you, Mr. Donald?

Somebody died here.

That was real.

It's not a game.

Are you sure you're ready?

I'm fine.

Are you okay?

Yeah.

Look, I know you think I did it, but I didn't do it.

But I'm sorry for what happened to you.

Is that your idea of seeking forgiveness?

You don't think I know?

I looked you in the eye.

You don't think I know you're the man who raped me?

I'm sorry.

You're sorry?

My husband was a minister.

Bet you didn't know that.

Did you ever think you were raping a minister's wife?

I know you would have liked to have the confession first.

I just didn't see the need for it.

None of the police experts could rule out suicide.

The man was profoundly depressed.

He crippled his wife, a woman who loved walking like she loved life.

He was being clinically treated for this depression.

None of us, none of you can eliminate the possibility that Bernard Potter took

his own life.

The only reason the police arrested Katie Defoe was because she seemingly

motive. Pairs of hers were found at the scene. A woman who looked like her was

seen leaving the building.

But Michelle Farrell would also have motive.

She too was having an affair.

And how easy.

It would have been for her to frame Katie Defoe.

She could have collected hairs from my client's hairbrush and planted them,

dressed up to look like her. We all just saw the resemblance, and she can't

account for her whereabouts for the hour immediately preceding Mr. Potter's

death. She says she was home, just like Katie insists she was home.

But we can't know.

Add to that the fact that we can't even know it was homicide at all.

You've certainly got reasonable doubt.

Our detectives, our forensic specialists, our psychological experts,

witnesses, all of them were unequivocal in their consensus.

This was a homicide.

There was no gunshot residue on the victim's hands.

The trajectory shows that he was shot from above, from slightly behind.

which is totally inconsistent with suicide.

Bernard Potter was murdered.

It's obvious, and the defense knows it.

That's why they resorted to that ridiculous last -second cloak -and

stunt of getting Mr. Potter's secretary to dress up in the courtroom.

True, we did not know of Ms. Farrell's affair with the victim, but she is not a

suspect in this case.

Mr. Donald is throwing her up as a red herring because he struck out on the

suicide pitch.

The evidence here.

is overwhelming.

Mr. Faux had motive.

She had been acting urgently, frantically, showing up at the victim's

desperately trying to continue the relationship.

Her hair samples placed her at the scene.

She had an elevator access key. She knew how to get in and get out.

And what of the overcoat?

Where did it go?

She just happened to throw it away around the time of the murder?

Like she just happened to take shooting lessons three weeks before the murder.

A woman bearing her resemblance just happens to be leaving the building three

minutes after the shooting, wearing a coat just like one owned by the

which coat just happens to get thrown away that very week.

Come on.

That's just a few too many coincidences.

Don't you think?

Katie, remember when I said my objectivity?

It's okay, Bobby.

I'm afraid I may have blown it.

By suddenly pointing my finger at the secretary, I'm worried I may have sent a

message to the jury.

Only if it was suicide.

Hey, Bobby.

You tried an incredible case.

You got every one of their witnesses to admit it could be suicide.

Plus, you offered another possible scenario if the jury is determined to

conclude homicide.

I don't question you at all.

Jury's back.

The defendant will please rise.

Madam foreperson, the jury has reached a unanimous verdict.

We have, Your Honor.

What say you?

In the matter of Commonwealth of Massachusetts versus Catherine Defoe on

charge of murder in the first degree, we, the jury, Find the defendant,

Catherine Defoe, guilty.

Ladies and gentlemen of the jury, you are dismissed with the thanks of the

court. We are adjourned.

Are you in love with her, Bobby?

I'm not accusing you of being unfaithful.

I trust you completely. It's just that sometimes

people fall in love whether they want to or not.

I'm not in love with her.

There's something about her.

Made me feel protective of her.

And I'm devastated.

Would you be upset if I said I didn't want you handling her, Theo?

Would you be upset if I said I had to?

Yeah.

Okay, then.

I won't.

There's just something about her, Bobby.

I just don't want you with her.

And that's that, then.

I love you.

I love you too.

Though I don't feel like saying it tonight.

Come on, let's go home.