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Previously, on The Practice.
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My client was in shock at the time of
this interrogation. He had just found
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wife dead less than an hour before this.
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She said that if she turned up missing,
that I should call the police, because
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Scott probably did something to her.
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Objection! We find the defendant, Scott
Wallace, guilty.
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Yeah, you gotta get me out. Scott. Get
me out!
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You got a problem. The man is on the
verge of a psychotic breakdown. He needs
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be transferred to a mental facility
right now.
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I'm convinced that Kyle Barrett lied on
the stand after being coached by the
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prosecution. Mr. Barrett, you had a
meeting with Richard Bay and Helen
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did you not? On the advice of counsel,
I'm exercising my Fifth Amendment right
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not to answer your question. I have been
ordered to conduct a full hearing into
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this perjury business.
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That hearing has been thwarted by the
primary witness exercising his Fifth
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Amendment right. The conviction of Scott
Wallace is hereby set aside. It is the
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order of this court that he be granted a
new trial.
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This is the part that kills us.
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That's the bomb. This time, you will
have to testify. I can handle all the
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witnesses. We're in good shape there.
But that videotape and your response to
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on the stand, that's what will decide
this case.
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I'm ready.
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Do you feel pressure because he's your
friend or because you failed him?
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Both.
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I want to get him out because I care
about him, and yeah, because I tried a
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lousy case.
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Of course I feel pressure. How could I
not?
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This guy committed murder, and the only
thing standing between him and the
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street is me.
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It's a bit unusual for the lead
prosecutor to suddenly flip and think
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innocent.
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Helen Gamble started feeling guilty over
tactics, and she became clouded by her
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conscience. That's all.
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She claims you coached a witness to lie.
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She's wrong.
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Richard Bay will do anything.
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DAs like him make it easier for defense
attorneys like me to stay passionate
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about what we do, because to me, he
basically represents a police state.
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Oh, I don't expect it to be at all,
Sybil.
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Bobby Donald fights for clients like it
was his life on the line, and Richard
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Bay prosecutes like the victim was his
mother.
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Isn't that good?
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Zealous advocates? Isn't that what it
should be about?
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One would think.
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But when fights get this ugly, it's
rarely in the interest of truth.
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It's messy.
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It gets personal.
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You think you'll win?
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I know I will.
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How can you be so sure?
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Because this time I have the video,
which means Scott Wallace will have to
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the stand and explain it. And when he
does, I'll get him.
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He'll lose it up there.
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You watch.
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Witnesses are never objective.
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Of course, I want you to appear neutral,
but you need to be every bit the
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advocate I am.
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Never forget, your goal is to help the
prosecution secure a conviction, to put
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murderer in prison.
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That means you're going to have to stand
up to Bobby Donald.
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He can't be feared, and he will
absolutely try to do just that. His
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defense is reasonable doubt. Every
question he asks you, it's to build
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reasonable doubt.
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At the first trial, he got you all to
admit things were possible, and you all
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did so, too submissively.
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This is why I brought Cindy Keller in
tonight.
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She's our behavioral psychologist.
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When the defense lawyer forces you to
say the words that he wants you to say,
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you can nevertheless use body language
to convey your opinion.
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It's all a presentation, and you have to
train your witnesses to be showmen a
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little. The key is...
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They can't come off too much like
advocates.
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If they do, they have less credibility.
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We used to have an advantage. People
trusted the police.
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That advantage is gone now.
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Because they cheat. And Richard Bay will
cheat. He absolutely will.
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That seems to be a refrain with you. One
that I have to be mindful of the entire
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trial.
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What will be different about this trial?
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I'm going to win.
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I mean, tactics, evidence, witnesses.
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What will be different there?
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That tape.
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That damn videotape.
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It played every chance he gets.
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We think you had an argument.
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You hit her.
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Maybe by accident.
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She was unconscious.
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You were afraid of how it might look.
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You put her in the car to make it look
like a suicide.
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That's what happened, isn't it?
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Detective Larson, does that videotape
fairly and accurately depict what
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in that room?
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Yes, it does.
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What did happen in that room?
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From my experience, Scott Wallace
admitted to killing his wife.
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Objection. Overruled.
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Did he ever say he killed his wife?
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No, but... In fact, he maintained his
innocence and he still does, doesn't he,
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Detective? But when confronted... When
you say admitted, you mean the behavior
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we just witnessed on this tape.
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Right, Detective?
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Correct. With words, he's always
maintained his innocence, hasn't he,
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With words, yes.
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Are you a psychologist, Detective?
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No, I'm not.
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And if a psychologist was of the opinion
that Mr. Wallace's behavior on that
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tape... Objection. He's trying to
introduce psychiatric... I'm posing a
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hypothetical to the witness.
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I'll allow it.
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If a psychologist looked at that tape
and concluded that it did not constitute
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an admission to the crime, do you have
any medical training which would enable
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you to overrule him?
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Do I have any medical training? No.
Thank you, detective. That's all.
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How many suspects have you interrogated
in the course of your career?
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Hundreds. Hundreds.
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Do you think you would recognize a
silent admission if you saw one?
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Absolutely.
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Based on your experience as a police
officer who has conducted hundreds of
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interrogations, what did Scott Wallace's
silence convey to you?
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An admission that he committed murder.
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Thank you.
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Do you have any formal training in
behavioral psychology?
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No, I don't. Thank you.
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When we first started, just Bobby and me
and...
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He was so wide -eyed.
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Every case, his eyes.
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Oh, and if it was a murder case, God.
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The light coming out from his eyes.
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And it didn't bother him a bit if the
guy was probably guilty.
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You know, he'd say, Beck, we defend the
guilty because ultimately it protects
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the innocent.
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Or he'd say that was the high.
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You know, you got a guy that was
actually innocent.
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And now, he hates it when they're
innocent. Like this one.
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It's too much pressure.
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I mean, that's why none of us laugh on
this job.
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You can only bear defending the guilty.
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And how long can anyone last doing that?
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He was screaming at her, calling her a
liar, and she was pleading with him to
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stop screaming.
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Are you sure this was around 9 .30 p
.m.? Yes, that's when I walked my dog.
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You recognized my client's voice
screaming because you'd heard him scream
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before? Many times. So there wasn't
anything hugely unusual about them
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that night?
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No, they fought a lot.
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And in fact, you didn't call the police
or try to intervene, did you, sir?
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No.
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I wasn't crazy about calling that
witness in the first trial. I wasn't
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about it here.
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But I have to establish a timeline.
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As a rule...
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When you come across anemic little wimps
like Mr. Berenson, who haven't got the
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guts to get involved at the time, you
can be sure they'll be pretty impotent
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witnesses, too.
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But I needed to get in the timeline.
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Why are you so sure he's innocent?
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Because I am.
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I know him.
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Plus, he passed the polygraph. That's
what really gets me.
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I mean, they may not be admissible, but
lie detectors are pretty damn reliable.
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And the prosecution and the police, they
believe in them more than I do.
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Here we got a guy who passes over and
over and over, and they still prosecute.
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Why do you think?
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Because the media declared this a
murder, and there was an ensuing public
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to get a conviction.
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There seems to be such a huge distrust
here.
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You have no idea.
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When I first started, the DAs and
defense attorneys, we all go out at the
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the day. There were watering holes where
we congregate, swap stories.
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You fought hard in court, but after, it
was a brotherhood.
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Today, we go our separate ways. They
don't trust us, we don't trust them.
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What happened?
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It became too much about winning and
losing.
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We analyzed a skin fragment found under
the defendant's fingernail.
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It was a genetic match to Mrs. Wallace.
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Did you do any other DNA testing, Dr.
Wang? Oh, yes.
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We found shed skin cells all over the
victim's head and neck.
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They belonged to the defendant, Scott
Wallace.
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If Scott Wallace were trying to save his
wife, resuscitate her, it's possible
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his skin cells could have gotten out of
that way. Am I right? In my experience,
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that would be unlikely.
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I asked if it were possible.
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I suppose it's possible.
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And it's possible, isn't it, Doctor,
that Mrs. Wallace had decided she wanted
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compete in the Olympics, and while
practicing a backflip, she accidentally
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her head on a blunt instrument being
held by the defendant.
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Objection! As long as we're going for
far -fetched possibility.
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Mr.
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Bay, that is quite enough.
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Dr. Wang, based on your years of
experience as a forensic pathologist,
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form an opinion as to the likelihood of
what happened?
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Yes, I did.
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Could you state that for the court,
please?
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She was killed by the defendant.
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The defense has suggested Mr.
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Wallace discovered his wife in the car.
She wasn't breathing.
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He pulled her out, and her head struck
the concrete floor, causing the
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Yes, I think this is a bit of a fairy
tale.
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The fracture, she was hit very hard.
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Is it possible that she could have
gotten this after she died by her head
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hitting the floor?
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Anything's possible.
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My medical opinion is somebody hit her.
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Doctor, in the first trial, you
testified that this fracture was severe
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to be fatal.
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Didn't you say that? I did.
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Was it the cause of death?
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No, the cause of death was monoxide
poisoning.
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So it's possible that the head fracture
came after she died of the car exhaust,
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right? That's not what I think happened.
I can't declare it to be impossible.
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Doctor, you're employed by the
Commonwealth, aren't you? Yes. Do you
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afraid of losing your job if you don't
secure convictions?
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Objection sustained. It goes to bias,
Your Honor. The objection is sustained.
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That's it.
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Now let's move on.
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It's what he does when he's losing.
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It's an excellent sign for the
prosecution when Bobby Donald starts to
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crap like that.
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It means he thinks he's losing.
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In the first trial, he was getting as
possible than resting.
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He was more desperate just then.
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Did you see it?
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He's going down again.
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This time with nothing to appeal.
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You know, I keep thinking it'll all get
corrected.
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They've made this terrible mistake.
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This is the land of truth and justice.
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It'll all get cleared up.
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But here I am.
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The thinking is for you to get
acquitted.
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It'll come down to your testimony.
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Yeah, I know this.
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I know this.
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Are you scared?
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It's way beyond that now.
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I think that's enough.
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That's enough. The arrangement is
complete, Axis. Well, that's all. You
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leave.
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Bobby, Kyle Barrett isn't testifying.
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Why? They just notified the court
they're arresting. We're up.
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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.
56625
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