Original subtitles

Tonight, high courtroom drama. With us now in Boston is Eleanor Frutt, attorney

for Lindsay Dole. Good evening, Larry.

Ms. Frutt, your client shoots a former client, and she's raised battered woman

syndrome as a defense?

That's correct.

We typically think of a battered woman as a wife, with the batterer being the

husband. But the syndrome is not confined to domestic relationships.

Okay, but how did Lawrence O'Malley...

That or her?

Well, without getting into the details of our defense, he threatened to kill

her. My client was in reasonable fear for her life at the time Mr. O'Malley

showed up. And this is different from self -defense.

How? Self -defense would be an objective standard.

Was it reasonable for the defendant to use deadly force?

Here, it's more of a subjective test.

Was it reasonable for Lindsay Dole, in her particular mental state, to use

force? And this is where battered woman syndrome applies.

No love lost between you and the district attorney.

Kenneth Walsh is a fine prosecutor, but he typically lets his thirst for

vengeance color his actions, and he's doing so here.

It's a deliberate attempt to contaminate the jury. I want her gagged right now.

Let's add free speech to the list of things you hate. That wasn't free

Eleanor. Mr.

Walsh, I am loathe to issue gag orders.

And if I might share with you an inside tip.

The book on you is, you're less effective in the room when angry. And I

guess Miss Frutt is attempting to get you in that state.

And you might be best served by ignoring her out -of -court antics. When those

antics are for the purpose of influencing the jury... I will watch the

decide if she went too far.

Now as a warning to both of you, keep it professional.

You know, I'm tired of your piss -ass crap. I'm tired of your firm's piss -ass

crap. You made a big mistake, Eleanor, and your client's gonna pay for it for

the rest of her life, you piss -ass, scum -crap, dirt bastard.

You seem mad.

We've got a problem.

What? Walsh just filed a last -minute motion. He wants an unavailable witness

instruction given to the jury.

Who's the unavailable witness?

Bobby.

We have to prove guilt beyond all reasonable doubt. That's our burden.

Bobby Donald has the right not to testify.

But if he exercises that right, the jury should know it's not the prosecution's

fault for failing to produce a single witness. That's not what he's trying to

do. He's waving a flag for the jury. Hey, Bobby Donald's not talking. He must

hiding something.

What's your proposed instruction, Mr. Walsh?

Mr. Donald was present during the shooting.

The defense, but not the prosecution, could have called Mr. Donald as a

They did not do so.

You may infer that had Mr. Donald been called...

he would have given testimony unfavorable to Miss Dole. That is

renders spousal privilege meaningless. Mr. Young. He brought this motion for

them, the media. He wants it in print that Bobby Donald had something to hide.

If I wanted to talk to the media, I wouldn't have went right to the morning

shows like you people. All right.

Mr. Young, Bobby Donald is on your witness list.

If you plan to call him, this motion is moot.

We shouldn't have to declare our hand now.

It's our right to call him. It's our right not to. You're not the only one

rights.

Bobby Donald was the only one in the room.

If he doesn't want to testify, fine.

But the jury shouldn't punish the Commonwealth for his unavailability.

Mr. Walsh, your motion is denied.

We are adjourned until 1 o 'clock, at which point trial will start.

Come back here with evidence.

Leave the nonsense at the door.

Both sides are expected to open today.

Tomorrow, the prosecution will call its first witness.

We're set?

Okay.

Bobby, something to think about. The motion they just brought, it may have

just for the press, but Walsh could have had another motive.

Which is?

To force you to take the stand.

If they got that instruction, we would have no choice but to call you, and it

makes me nervous that he wants you up there.

Or he wants us to think that so I don't testify.

Shouldn't we go?

I'm staying here with Rebecca.

You'll look more sympathetic, Lindsay, without an army. We went over this,

Eugene. I know. I'm just going over it again.

Why?

Because I want so much to be in that room, and I want you to know that.

We all love you.

Every one of us.

And whether we're here or in there, we're with you.

And we're ready for this.

I'm going to let you in on a little secret.

I'm glad Lawrence O'Malley took three in the chest.

The man, as you'll hear, was an accused murderer.

A cannibal.

The politically correct term for him would be damaged.

And a part of me thinks Lindsay Dole did us all a favor.

I would have liked to have shot him.

But I wouldn't have.

Nor would any of you, because we have a law against revenge killings.

There are rules against firing three bullets point blank into an unarmed man.

It's called murder.

The evidence will show that the defendant executed Lawrence O'Malley.

that. She just shot him dead in cold blood.

As viscerally satisfying as that may be.

This was first -degree homicide.

It was murder.

Lindsay Dole doesn't even remember shooting Lawrence O'Malley. That

is completely blacked out. And the evidence will show that her brain quite

likely went black before she pulled the trigger.

Three years ago, Lindsay Dole was stabbed three times by a client.

She nearly died.

Last year, she was stalked and threatened by a serial killer who was

client.

Here, after defending Lawrence O'Malley for multiple killing, she was stalked by

him. He threatened to kill her.

He showed up at her door in violation of a restraining order, entered her house,

and this time, this time, Lindsay snapped.

All of those clients came back into her head. They were all personified by

Lawrence O'Malley standing in her house, threatening to kill her, and this time

she just snapped.

By the way, if Lindsay hadn't snapped, she'd be dead now.

No question.

You were representing the victim.

Yes. The defendant was trying to have Mr. O'Malley civilly committed. I was

acting as Mr. O'Malley's counsel.

What was the disposition of that motion?

The petition was denied. Mr. O'Malley was not committed.

And, Miss McConnickle, what happened after the judge made her ruling?

Well, Ms. Dole was not happy with the outcome.

She then approached Mr.

O'Malley. Did she do or say anything?

Yes. She said to him...

Come near me, I'll kill you.

Thank you.

You said my client brought the motion to have Mr. O'Malley committed.

Wasn't that motion brought by the Commonwealth of Massachusetts?

Your client is close friends with Helen Gamble, a district attorney. Who brought

the motion, Miss McGonagall? Lindsay Dole or the Commonwealth of

Technically, the state.

Did Mr. Walsh ask you to leave that part out?

Objection. Sustained.

You testified that my client was not happy by the ruling.

She was a little more than not happy, wasn't she?

Well... She jumped up in court and called the judge crazy. Did you not hear

that? I heard it. As far as courtroom decorum goes, she was out of control,

wasn't she? I'm not going to have you put the words out of control in my

counsel. Did it get to a point where the judge had to threaten Miss Dole with

contempt? That's an interpretation.

The judge never used the word contempt.

I see.

So it would be your interpretation that Lindsay was not happy?

Yes. Thank you.

By the way, in your opposition to Mr. O'Malley's commitment, you argued that

instead of incarceration, Mr.

O'Malley should receive treatment, did you not?

Yes. And as one vested in safeguarding his interests.

Did you take any steps to see to it that he got that treatment?

I was vested in safeguarding his legal interests.

You stood before the court, opposed to his being committed, said, let's get him

treatment. And after the ruling, you just said goodbye, doing nothing to help

him get the treatment?

Is it because you really didn't think he needed the treatment or that you

just... Couldn't be bothered.

Objection. No, I am sorry, but I will not conceal my disgust here. Mr.

might not be dead had this witness done her job. You kept him on the street, you

took your fee, and you did nothing. Objection. Ms. Front.

Well, at least you make for a great witness. Ms. Front, you are one remark

from a jail cell.

Did I go too far?

I don't think so.

We had to pop her. She took a side. We had to pop her.

Who's up next?

They go to forensics now.

The blood spatter evidence shows the victim to be here, approximately 15 feet

from the shooter.

Mr. Donald would have been here.

You can tell that from? The blood spatter on his clothing. So he would

between the victim and the defendant?

Correct. Any blood on Miss Doll's clothing? No, she was too far away.

And Mr. Illich, were you able to determine if Mr. O'Malley was moving at

time he was shot? He was either standing still or moving backwards.

How can you tell that, sir? The trajectory of the wounds.

Also, if he'd been moving forward at all, his momentum likely would have

him to fall face down.

He was found on his back.

Is it your testimony that it would be impossible for the victim to have been

moving forward at the time he was shot?

Not impossible. I'm speaking in likelihoods.

I'm looking at the positioning here.

Bobby Donald was close to being in the line of fire, wasn't he? Well, no. He

off to the side. So the line of fire... Well, he was between the shooter and the

victim. Not exactly a safe place to be, is it, Mr. Illich?

No. And yet, his wife fired.

Did it make you wonder whether she had just snapped?

Objection! I'm only asking if the expert crime analyst wondered.

I'll allow it.

Did you wonder?

I just analyze bloodstain patterns.

I don't get into mental states.

You're up here to convince the jury that the victim wasn't moving forward.

The only relevance of that, I'd assume, goes to whether Lindsay thought she was

in danger.

That goes to her mental state.

Does it not?

Indirectly, yes.

Indirectly. Mr. Elich, can you make a representation here as to Miss Dole's

mental state or not?

I'm not going to make any such representation.

Thank you.

Yes, it is an emergency. There's an intruder in my house. Where is he? His

is Lawrence O'Malley. He's here in violation of a restraining order. He's

dangerous, and I need for you to send somebody now. The address is 1312 Beacon

Street, apartment 4.

Mr. Forbes, in the background, we can hear other voices.

Yes, those voices were identified as belonging to Mr. Donnell and the victim.

Lawrence O'Malley. Were you able to detect what they were saying?

Yes. We were able to both isolate and enhance their conversation.

Okay.

Yes, it is an emergency. There's an intruder in my house.

What's wrong?

I promise I'm not here to cause anybody any harm. I just need to talk to her,

please.

That's when she hung up?

Thank you, Mr. Forbes.

You have no idea what transpired after she hung up. Well, I know she shot him.

Yes. Between the time she hung up and she fired, you don't know what was said

what happened. Correct?

Correct.

The defense is expected to begin tomorrow with their psychiatric

Dr. Emily Fink is up first. She's considered to be one of the nation's

authorities on battered woman syndrome.

Eleanor, you're doing great.

You haven't really asked for my advice, but could I give you some?

Lindsay killed an unarmed man.

Science cannot explain that. Only Lindsay can.

Battered woman syndrome, that's your device.

It entitles the jury to set her free if they want to.

They won't want to unless they hear from Lindsay.

And Bobby, too.

Eugene thinks Walsh is gunning for Bobby. He may be.

Look, I know you guys know this, but the burden of proof isn't on the

prosecution here. The burden of an excuse is on you.

People mistakenly associate battered woman syndrome with revenge.

It isn't that.

What is it, Doctor? Well, mostly, it's an extreme stress disorder.

It's a mental disorder, which can cause the sufferer to lose mental control over

his or her actions.

Did you examine Lindsay Dole, Doctor? Yes, I did.

This woman was the victim of repeated abuse, the abusers being her own

She had buried a lot of fear.

She had been in denial.

In reality, she had no coping mechanisms with which to handle Mr. O'Malley's

threats.

At the moment she shot him... She doesn't remember it.

She suffers from a psychological amnesia.

She's walled it off from herself as a way of psychologically protecting

You say you examined Lindsay Dole. For how long?

Several hours.

And before this examination, how long had you known Miss Dole? I didn't know

her. Is it your testimony Miss Dole didn't know what she was doing when she

pulled that trigger?

My testimony is, given her history of abuse, her fear or apprehension was

reasonable. But she likely knew what she was doing.

I don't know whether she did or didn't.

Nor does she, because she's blocked it out.

Yes, the psychological amnesia. Have you ever known extreme guilt to trigger

this kind of amnesia?

Yes. In fact, my experts tell me psychological amnesia would be more

people who commit murder than people who act in self -defense.

Each case is different. I appreciate that. But statistically, what's the more

common cause of psychological amnesia? Murder or justified self -defense?

Murder. Thank you, Doctor.

I'm going to go next, and then we'll finish with you.

Okay.

We need to study the transcripts of our statement. I've studied it.

It's a good idea to go over it again. We don't want to get caught in so much as

a discrepancy. I've studied it, Bobby. They're not going to catch me.

So do you, Art.

It's going very well.

You do know that.

I do.

I'm going to study my state.

Good.

I consider myself friends with both Lindsay and Bobby.

Between the two of them, I think Bobby is more likely to kill somebody.

Why are they even talking to each other?

I'm not saying he did it.

I just know he's gallant.

And that he'd take the fall for his wife if necessary.

I just have my doubts.

Reasonable doubts.

I hope that helps.

She started to unravel even during the trial. When you say unravel... She

started having emotional tantrums to the point where she said she wanted to lose

the trial. The trial in which you were defending Lawrence O'Malley.

Yes. He kept staring at her in court, saying how he'd take her to heaven, and

she started to come undone.

We were all worried about her.

At some point, you took out a restraining order against this man. Yes,

didn't matter.

He just kept coming.

Turning your attention back to the night in question, can you please tell us

what happened?

I was in the bedroom.

I heard Lindsay scream for me. I came running out.

There he was.

O'Malley? Yes.

I asked him to leave. He wouldn't. I threatened to throw him out.

And then he just turned.

He turned?

He was a paranoid schizophrenic who suffered from psychotic breaks.

And it looked like he was becoming psychotic here.

Then he looked at Lindsay and told her she was in danger.

Told her the other man was coming for her.

What did you do?

I kept asking him to leave. I didn't want to antagonize him because I knew

that's what makes him snap.

But it was as if he didn't even hear me.

He had this crazed look like he was just going to explode or something.

And then he threatened her again.

And she just shot the gun.

I looked at her. She had this vacant, dazed

expression as she fired.

She put the gun down, and then she went to her room.

And what did you do?

I called the police.

And then I went in to check on Lindsay.

She didn't even know what happened.

She didn't know she had shot him.

It seemed like she was...

just gone.

Thank you.

You said your wife started to unravel during the O'Malley trial.

Yes. When?

Well, it happened almost immediately.

He called her Clarice and made his obsession known from the beginning.

But your wife didn't beg off. She continued to interact with him and be

lawyer. Yes. In fact, you even had your wife handle Mr. O'Malley's direct

testimony. That was a strategic decision.

Your wife is becoming unglued?

But for the sake of getting this cannibal off, best to let her keep

At the point Lindsay did her direct, she was still basically okay.

It was after that she really started to suffer.

Did you get her to a doctor?

I was planning to. You were planning to?

You wouldn't be lying now to help save your wife, would you, Mr. Donald?

Objection overruled. I'm not lying.

After she shot the man, you said you saw a dazed, vacant look in her eyes.

Yes. Did you tell the police this?

The police never asked what she looked like.

Isn't it true after witnessing the event, you knew your wife had committed

murder? That is not true.

There's a gunshot victim?

Yes. We need an ambulance right away at 1312 Beacon.

And who shot the man?

A man has been shot.

Please get an ambulance to 1312 Beacon.

When the operator asked you who shot the man, why didn't you just tell her?

It wasn't necessary to tell her. Wasn't necessary.

So a man is lying on your floor with three gunshot wounds, and you're

what is or isn't necessary to tell the police operator.

You called the police.

Call anybody else?

I called Eugene Young.

A lawyer? A colleague and friend. In fact, you huddled with Mr. Young, Miss

Frutt, another colleague and friend, Mr. Berluti over there, another colleague

and friend, and after the huddle...

Did you tell the police what happened? Objection. This goes to Privileged. I'm

not asking what the colleagues and friends talked about.

I'm asking whether he talked to the police that night.

The objection is overruled. Did you tell the police what happened? My wife had

to get to a hospital. Did you tell the police? I had to be with my wife.

Did you consider yourself suspect? We talked to the police the next day. The

next day?

Your lawyers...

organized a meeting at your offices under your control where the police

ask questions.

Yes. Mr. Donald, we've heard testimony of another client who terrorized your

wife, a man by the name of William Hanks.

What happened to him?

He was killed.

He was murdered.

By a man you did business with, correct?

By a man I used to represent.

You had a conversation with this man. This man then murdered Mr. Hanks.

And you were arrested for conspiracy to commit murder.

I was acquitted.

I smell a pattern.

Threaten Lindsay Dole, you get killed.

Objection! Sustained.

What happened?

Bobby got picked apart while Eleanor sat on her hand.

It didn't go that bad. The direct was fine.

It sucked, Jimmy, okay?

It looked like we had something to hide. Bobby played it like we had something

to hide. They introduced the Hinks case, which should have been objected to as a

prior bad act. Bobby's not the defendant.

You should have been jumping up and down.

Well, I'm ready to jump now, Lindsay. All right. Now, what do you want from

Shut it down, Eleanor.

What I can't get by is in that room. In that room when you all... What room?

My bedroom.

You all came and instinctively you looked at this as a murder.

You all pow -wowed with strategy.

Because you were at a murder scene.

None of you have ever looked at this as self -defense or battered woman.

And you're doing everything you can to get me acquitted, and I'm so grateful I

am, but... But in your eyes, your mind,

I committed a crime.

And maybe in mine, too.

He had no weapon.

He wasn't even moving, and I just... He was just standing there, talking, and I

just shot him. I just... I just killed him.

I just...

It's

okay if you get emotional.

That won't hurt you.

It's important to talk about how you feel.

Okay.

Obviously, you can't say some of the things you think you're going to say.

Look at me.

None of us.

None of us think of you as a murderer.

Because you're not.

The lawyer part of ourselves kicked him that night because that's who and what

we are.

But nobody in this office thinks what happened that night was murder.

Okay.

You snapped.

I was there.

You say it all started to come back.

Can you tell the jury what came back?

First, Hinks.

Because Hinks tried to kill me, too.

Hinks stalked me.

It was for Hinks.

It was Hinks first, then Vogelman.

Vogelman?

George Vogelman. He was a client. He stabbed me.

He was a client.

His name was George.

He was a client.

He stabbed me.

Three times.

And Mr. O'Malley brought memories of these men back.

First Hinks, then Vogelman.

Three times.

Lindsay, did you ever see a doctor or a therapist to help you deal with the

trauma over Hinks and Vogelman?

I did for a while, but then I had to be okay, so I was okay.

I had to be okay.

Why did you have to be okay?

Because I'm not a victim.

I can't be a victim.

That's why I opened the door.

What door?

My door.

When he came, O'Malley, I knew it was probably him,

but I opened my door anyway. I wasn't going to be a victim.

It was my house.

And after you opened the door? I killed him.

What happened before you killed him?

He was there to kill me.

He came to take me to heaven.

That's why... He came to take me to heaven.

And you perceived what he meant was... He was about to kill me.

He said, I'm taking you to heaven just like...

That's why I said it. I told him, you go on ahead without me. And then I shot

him three times, just like Vogelman, three times.

I was afraid he'd kill me.

O'Malley, Vogelman did try to kill me. He stabbed me.

O'Malley stabbed too. That's how he killed his victims.

I wasn't going to let him eat me.

Add nothing further.

After he said, I'm going to take you to heaven, you said,

you go on ahead without me?

Yes.

And then you shot him?

Yes.

Three times?

Yes.

Thank you.

Nothing further.

She seems on the verge.

She is.

You want me to try for a plea?

They're not offering, but I think... Jimmy thinks we can get out.

You go on ahead without me?

Walsh is going to be ringing that like the Liberty Bell.

She looked nuts, which is okay for the jury to see.

You ready to close?

Am I ready?

I stayed up all night getting ready.

The answer is... I have no idea if I'm ready.

You need to come through here, Eleanor.

You need to close big.

It's different than it used to be.

Defense attorneys, prosecutors, we used to be the advocates that stayed out of

the fray. And though we interacted with murderers every day, we were off limits.

Now, it's different.

Death threats are made against district attorneys.

Defendants attack their own lawyers.

Lindsay Dole's life was threatened three times by clients.

stalked, stabbed, terrorized. She is a victim of abuse, and you saw

firsthand the mental effects during her testimony.

Mr. Walsh began this trial with the presumption he never would have fired

gun, and neither would any of you.

First off, really?

A serial killer.

who strikes so fast and unexpectedly that has to be handcuffed and muzzled at

his own trial, shows up at your house threatening to kill you, are we really

sure none of us would have fired?

Secondly, neither Mr. Walsh's state of mind nor yours is an issue here.

It's Lindsay Dole.

As a sufferer of battered woman syndrome,

As a victim of past threats from clients, attempts on her life, being

her mental state was in a much more fragile place. She was ready to

snap even before he rang that doorbell.

Since this whole thing turned on Lindsay's state of mind, we put her on

the stand in hopes that you would get to know her a little.

Because to know her is to be convinced of her innocence.

But you didn't get to see Lindsay today.

You got to see a battered woman, squeezing her hands, still in trauma,

determined not to be the victim she very much is.

When you go back into that room, it is okay to ask yourself,

What is the moral thing to do here?

It isn't putting Lindsay Dole in jail.

Please return a finding of not guilty.

Thank you.

I still get moved to hear lawyers speak passionately about their clients.

Somebody asked me once, don't you wish prosecutors got to have clients,

to fight for?

Well, we do.

You people are my clients.

The general public, that too I get to fight for.

And as much compassion as I feel for Lindsay Dole.

And I do feel it.

This was an act of vigilantism.

Vengeance. She threatened earlier in the day to kill him.

She got herself a gun and she did kill him.

He was not moving toward her.

There was no evidence that he yelled, made any aggressive gesture or movement

toward her.

He said he would take her to heaven, and she shot him three times.

The phone calls.

Her voice was calm, composed.

Bobby Donald's phone call clearly demonstrated he knew his wife was

He refused to identify her as the shooter. Why would he do that if he

the shooting was justified?

Why the immediate assembly of lawyers?

The refusal to speak to police?

This is consistent with the behavior of guilty people.

Are these people above the law?

If you decide they are, the general public isn't served.

If we're to say cold -blooded homicides are okay, so long as there's been a

pattern of past abuse, the general public isn't served.

He was unarmed.

He was standing 15 feet away, standing still.

And she said to him, you go on ahead without me, and shot him three times.

Now, as much as the defense would like you to focus on who and what Lindsay

is, this trial isn't about that.

It's about what she did.

And what she did...

was murder.

If you condone that, or even excuse it, the general

public isn't served.

The law isn't served.

And I'm sorry, Ms. Frutt, but neither is morality.

Can I say one thing?

I just... I'm sorry I got upset at you

yesterday, Eleanor.

I think you tried an amazing case.

I'm also so sorry that I put the firm.

I'm grateful and I'm sorry.

That's what I want to say.

Will the defendant please rise?

Madam foreperson, the jury has reached a unanimous verdict.

We have, Your Honor.

What say you?

Commonwealth v.

Lindsay Dole on the count of murder in the first degree.

We find the defendant, Lindsay Dole, guilty.

Bailiff take the defendant into custody Ladies and gentlemen of the jury. Thank

you for your service.

You're now dismissed This matter is adjourned