All language subtitles for The.Staircase.S01E10.480p.x264-mSD

WWW.MY-SUBS.COM

I didn't do anything. I am innocent.

I was wrongly convicted.

I didn't harm Kathleen,

and I didn't believe
until the jury clerk read the sentence

that I would be convicted.

My immediate reaction was...
"Let's end it."

And I told David
that I didn't want an appeal.

I wanted to just end it right now.

Forget it. Enough was enough.

We had all suffered enough.

And that... that wonderful,
awful line from Romeo and Juliet...

that... that "All are punish�d."

I don't know
what we were being punished for.

I don't why my children
had to suffer what they did.

Why they were being punished.

But I did feel that,
let this end right now.

I have been here almost 3,000 days.
Over eight years.

When I first got here, I thought,
"Well, I'll be out in a couple of years."

We appealed. And we kept appealing,
and every one of them failed.

And after eight years, I'm still here.

And I began to think, "I may die in here."

It's been almost ten years
since Kathleen died.

But...

Well, there's this wonderful photograph
in my locker of... of her.

Every time I open it, I see it.

And, uh, it's of Kathleen
in the Imperial Gardens in Tokyo.

And she's looking for Japanese

because there aren't any,
uh, in downtown Tokyo,

because it's not cherry blossom time.

And that's how it always was with her.

We were always joking
and we were always laughing.

So...

Even though it's been ten years,

it's just like yesterday.

She's just as alive to me,

and I love her as much today
as I did ten years ago.

One of the most awful things
that could ever befall somebody

is to think to yourself,

"The only way I'm ever going
to get out of here is in a coffin."

And that thought,
I won't say it occurred to me often,

but every so often
it would flip... flit across my mind.

Uh, and I would think to myself...

"Boy, uh, he's there until he dies."

And it was only when all this...

uh, publicity started coming out
about Deaver...

that I started feeling like maybe,
maybe there was a chance.

The decision.

Judge Calvin E. Murphy rules
Gregory F. Taylor has proved

by clear and convincing evidence...

...that Gregory F. Taylor is innocent
of the charge of first-degree murder

of Jacquetta Thomas on September 26, 1991.

A Wake County man
who spent 17 years in prison

has been exonerated by the North Carolina
Innocence Commission in Raleigh.

Greg Taylor, who had been condemned
to life in prison in 1993,

is now a free man.

The commission's three-judge panel

centered around the testimony
of one SBI agent, Duane Deaver.

Deaver admits to having misrepresented
blood test results in the Taylor case.

The SBI has announced plans
for an internal investigation.

"Deaver is a major character

in the emerging story
of the SBI's troubles.

At the bureau's crime labs,

where Deaver had been
a key agent and trainer,

analysts charged with using science
to solve crimes have hidden test results

or concocted bizarre experiments
to shore up a prosecutor's case."

I interviewed Tonya Rogers,

who was one of jurors
in the Michael Peterson trial.

And she said that Deaver's testimony

was the most important evidence
presented at the trial.

Ms. Rogers said that
during the jury's deliberations,

they started off split, uh, 6-6 or 8-4,

but as they talked,
the most powerful evidence

that moved the jury to come 12-0
for a conviction

was that bloodstain on the inside
of Michael Peterson's shorts.

The jury was convinced
by Deaver's testimony

that the only way the bloodstain
could have arrived there

was through an assault.

When I heard what Deaver
had done in the Greg Taylor case,

it became clear to me
that I might be able to finally prove

that what he had done in Michael's case
was the same sort of thing.

In other words,

ignore the facts, ignore the science,

and do what you need to do
to get a conviction.

Ten years ago next Friday,

Kathleen Peterson was found dead

at the bottom of a staircase
in their home.

Almost two years after that,

her husband, Mike Peterson,
was found guilty of murder

and sentenced to life in prison.

Now, Mike Peterson hopes a hearing
that could begin next week

will give him a new chance at freedom.

The District Attorney's Office
has seen turnover

since Peterson's murder trial in 2003.

The original DA, Jim Hardin,
is now a superior court judge.

Freda Black, the assistant DA at the time

is no longer with
the District Attorney's Office.

Tracey Cline, who is Durham's current DA
will represent the State.

But some of the key players
have remained the same.

Orlando Hudson,
Durham County's Superior Court Judge,

and David Rudolf,
who is taking on the case pro bono,

are back on the case.

Oh, wow!

- Hi!
- It's Ron Guerette!

Martha,
Ron Guerette just walked in.

- Oh, my God. Hi!
- Hey, girl.

I'm gonna get up and hug you.

I'm on the phone with Martha,
with my sister.

- You're not a kid anymore.
- I know!

What have you been up to?

Just working
in this crazy world.

Yeah, I know what you mean.

He's trying to come back
from his near-bankruptcy in 2003

as a result of working
on your father's case.

- Still working on it.
- Wow, it's been eight years.

- I can't believe it.
- Can't believe it.

- You've gone from a kid to a young lady.
- Little kid? I was like 20!

You're still a kid.

Yeah, I'm turning 30 on Saturday.

- Is that right?
- Yeah, it's been ten years.

- Wow.
- Yeah.

Yeah, because Mom died on the 9th
and I turned 20 on the 10th and...

Oh, that's right!

- Whew. Man.
- Crazy.

- That is crazy.
- Yeah, I'm married now.

- Are you? Well, congratulations.
- Yeah.

Well, one thing about Radisch,
Deaver and Butts

is they have been
in this very courtroom before.

They have. They've testified
in front of people like you.

Agent Deaver, Dr. Radisch,
they are tried and true.

Tried and true. Because they work for us.

Now to hear them tell it,
that scene was altered.

Well, if you believe that,

then you just got to believe
that Duane Deaver is a liar!

- Pleasant memories?
- He has no reason to lie to you.

- Yeah. Wow, that one where...
- Oh, my God! Where she says...

Where she says they'll be back,
that one gave me chills.

And you have to believe
that Deaver's a liar?

Guess what?

And he tried
to get himself vindicated

by blaming it on the SBI in general,
and that got him fired.

Right.

After editing stuff for you
for the Deaver clips,

my husband watched it, too, and he goes,

- "This guy's an idiot."
- Yeah.

Just... argh.

- Greg Taylor was let out.
- How long was he in prison?

Seventeen years.

- He was in there for a while.
- Oh, my God.

That's terrible.

Okay.

Like it's just a little lie
that put someone away for 17 years.

That's devastating. God.

Greg Taylor.
I live in Durham, North Carolina.

Forty-nine years old.

When I was 29 years old,
I was arrested for first-degree murder

and tried and convicted, uh, April 1993.

Um, I was 31 years old at the time,
and I was married.

Uh, had a nine-year-old daughter,

and, um, after that, uh,
things just kind of fell apart.

In the beginning,
you think that the next appeal

you'll be free,
or the next motion filed in court.

And then when those things let you down,

you come to realize that,

you know, if you've been let down
so many times so far,

there's nothing to stop you
from being let down in the future.

And it just went on interminably
and, um...

Until finally, I had...
when I had exhausted all my appeals

and, uh, you know, I realized
that the chances were very good

that I was gonna die in prison,
and I had to learn how to deal with that.

I don't have faith
in the system like I used to have,

but I still believe, I hope,

that justice will finally prevail
after eight years.

And I'll get out of here.

I want people to see
what Duane Deaver did.

I want all of it to come out.

I want people to see what that man did
not just to me, but to other people.

He'd say these ridiculous things
and I just would not pay any attention...

I mean, I wouldn't even listen anymore,

thinking that nobody
could believe this nonsense

of hitting, you know,
Kathleen 42 times or whatever it was.

This... this reenactment that he did,

it was just all a lie.

So, at the time, I just thought,

"Well, this is... this is just stupid,
nobody's going to believe this."

But they did.

I do think
that it's Michael's last chance.

Uh, it's been eight years.

He is now 68 years old,
and all of his appeals have been denied.

And this is really the best opportunity

that we're gonna have to prove
that he should never have been convicted.

Thirteen, please.

All right. They're saying
they took your clothes over yesterday.

They're having them prepared.

Okay. I guess this is for the car.

Come on with me, please.

I remember
just a couple nights ago,

I dreamed I was there, an old man,

lying on a gurney
at the end of a corridor.

You go to central prison and you die.

And you die alone. No family, no one.

And you die on a gurney.

And I remember having that dream
and waking up.

Thinking, "No!"
But it was a pretty scary dream.

Mike, is this going to be...

Is this gonna be good enough
for you today, what you want to wear?

- Yes.
- Okay.

That sports coat? That shirt? Belt? Okay.

Take a left.

It's gruesome twosome.

Sorry.

Judge, Ms. Zamperini wants to be heard.

And she is a victim, Judge,

because I believe Mr. Peterson
was convicted of first-degree murder.

Her sister was murdered
according to a jury.

Ms. Zamperini would like to be heard

if the court is inclined
to give her a few minutes.

- All right.
- Thank you.

Yes, sir.

Good morning.

Um, Judge Orlando, I think you're aware
that I am Kathleen's sister.

In this court, that is very rarely heard.

Kathleen is a victim of murder.

We have rights in this state.

That is why there's a judge
in this courtroom

to make sure victims' rights are heard.

That is, in my opinion,
the judge's sole responsibility

to make sure that there is clear, fair,

quality representation for the victim,
dead or alive.

My sister has lied in her grave
for ten years.

This Friday, ten years, she was murdered.

Ten years, I have been without my sister.

Ten years, her daughter hasn't had her.

Ten years the rest of us have been alive
and had our freedom.

But not Kathleen. Not Kathleen.

She wanted to live, and she deserves

and should get
the best, best legal representation.

And there is no way I feel, sir,

that you can have this district attorney
represent my sister's rights

and feel you are doing the best job
by the citizens of this state

in having her represent and not
the Attorney General's Office step in.

She is not prepared.
It is clear she is not prepared.

The office is not prepared.

Thank you very much, sir.

All right.
The Court in its discretion

will deny a motion to continue.

The Court is ready to proceed.

Your Honor,
the key issue during Mr. Peterson's trial

was what happened in the stairway.

There was only one witness
called by the state

who claimed to be able to say
what happened in the stairway.

And that was SBI agent Duane Deaver.

He testified that the bloodstain patterns
in the stairway

proved that there had been a beating.

He testified that the bloodstains
on Michael Peterson's shorts

and in particular, there was a stain
inside the shorts and on his shoes

proved that he inflicted
this alleged beating

because he claimed he could tell
that the wearer of those items

was in close proximity
to Kathleen Peterson

when her head was impacted.

But we don't have to take my word
for whether Deaver was a critical witness.

We can listen
to District Attorney Jim Hardin.

What does Deaver find?

This is the first area that he contends
is the first point of impact.

This is above the 15th step.

It's off the wall,
it's off the riser and it's out in space.

Impact spatter in the crotch area
of these pants

and the back side of this right leg...

Duane Deaver said
the only way that can happen

is if he's standing over her
with his leg above her striking her.

Now, why do we know
there was a second assault?

Because Duane Deaver sees,
and this is absolutely critical,

Duane Deaver sees blood spatter
on top of the clean-up.

There's only one way that can happen,
if there's a second assault.

He assaulted her,

she went down,

he continued to assault her,

and that's when
the premeditation formulated.

And, of course,
the only thing Mr. Peterson

was charged with was first-degree,

so without premeditation,
the state's case failed.

And the state relied
upon Duane Deaver during the trial.

There's no evidence

that anything that was done
to that scene altered the walls...

Nobody was walking on the walls.

There's been no evidence,
no credible evidence

that anybody did anything
to the stairwell.

Well, if you believe that,

then you're just got to believe
that Duane Deaver is just a liar.

He has no reason in the world
to come here and lie.

Agent Deaver and Dr. Radisch,
they are tried and true.

Tried and true, because they work for us.

What we didn't know then
about Duane Deaver,

but we do know now,

is that Duane Deaver
had a pattern and practice

of preparing misleading expert reports,

of doing shoddy
and scientifically invalid work,

of presenting misleading testimony
under oath.

He did it in 2010
at Innocence Commission Hearing,

State v. Greg Taylor.

We never asked for a perfect trial.

We hoped to get a fair trial,
and I know that this court did its best...

...to give us a fair trial.

Thank you very much.
I think that's my cue.

- It's Candace. She's smoking you out.
- I'm sure that's right.

Called to the basement.

Everybody, move back.

- Back to the line. Back to the line.
- Move back!

Let's move. Let's go, ma'am.

- Oh, it's a bomb threat.
- Are you serious?

It's a bomb threat.

- It's a bomb threat?
- Yeah.

Oh, my God.

It was surprising to see
that 40 percent

of Hardin's closing statement
was about Duane Deaver.

It was about his research,
his testimony, and...

That was shocking.

I don't think they had anything else
that made it first-degree,

- and that was all Deaver.
- That was it. Exactly.

Ugh.

- Made me feel sick to my stomach.
- I know.

- Ten years a-wasted, nine years a-wasted.
- Yeah.

- Mike, here you go.
- Okay. Thank you very much.

Don't drop the plate. You have it?

- All right, I got it. Thank you.
- All right.

My God, I'm wearing this ten-pound boot
on my foot.

I can barely move.

What was so nice was to see everybody
and my children there.

I can't really talk to them.
That's not allowed.

I certainly can't touch them
or interact with them.

So that's very hard,

but it's wonderful to know
that they were there.

- Dad, we're here! We're here! Oh, my God!
- I know!

Dad, we love you!

- Oh, my God.
- Oh, my God!

I have never been so tired in my life.

- Oh.
- I can relate!

Oh, God.

- Everything's okay?
- Yeah.

- You like LA?
- Yeah, I love LA.

- Okay. And do you love Boulder?
- I don't love it, but it's good.

- Well, you look great.
- Thank you.

You look just...

Margaret's helping me with fashion tips.

So, what do you think of Candace?

- How is that?
- Dad, are you safe?

I'm afraid she's gonna hunt you down!

I told you from the beginning.
Don't hate. Don't get caught up in that.

- And you could see that in her face.
- Yeah.

- And her eyes.
- And her hands.

- Consumed by hatred.
- Yeah.

And yes, you know, I understand it.

You know, she...
But she can't be the only victim.

You see, you guys are victims.
I'm a victim.

Um...

You don't have to be there all day,
every day.

I want to. It's fascinating!

I'm so angry at Deaver!

I just wanna see all the crap
that's talked about him.

I wonder, sometimes I wonder,
"Where was I during some of that trial?"

I know!

I don't remember that stuff

- where he was gross.
- He was so boring!

- He was gross.
- Boring and gross.

Supercilious and know-it-all

- and just awful.
- Yeah.

- Really a screwy character.
- Yikes. I hated him so much.

Oh, God! Lord!

Okay. No more crying.

Whatever!
That's gonna make us cry more.

We'll see you tomorrow!

- I love you, Dad! Bye.
- Bye, Dad.

He does look very tired.

- I know.
- Yeah.

The thing that makes me so sad
is that Dad was our...

The only continuity we've had
in our lives for parents, um.

And so I feel like that's why
we have such a strong bond with him,

um, and with each other.

Uh, but also Mom, Kathleen.

It's... She really was the first person
who took us in and combed our hair.

You know, we don't know
really what happened,

and so we have to live
with the mystery of her death,

and trust that our dad didn't kill her
at the same time.

So it's kind of a hard position to be in.

I think...

Or it's a position that would,
you know, bring up a lot of stuff, so.

Um, so I've never doubted
my dad's innocence,

but it's just... just kind of,

I don't know, a hard place to be.

Um...

I started to have doubts.
I mean, how can you not

when you're hearing all these rumors
going around and things like that?

It was the physical evidence
that allowed me to go back

and look at the situation as a whole.

Because, you know,
reading the autopsy report,

was the point at which I was convinced
that my mother had been murdered.

Obviously,
the horrific intensity of the wounds

and the fact that I just, to me,
could not physically come up with the way

that you could get seven deep lacerations
on the back of your head

by falling down the stairs.

I think that there's so many elements
to Michael Peterson

that I can't possibly understand.

I think that from what I've learned
in the last couple of years,

he clearly did not hold himself out
to myself and my family

as the same person that I had
grown up thinking that he was.

I think that there is
a very deep level of misunderstanding

on my part of his character

or possibly an element
of multiple characters,

multiple personalities

to the extent that I can't necessarily say

that I will ever know
what exactly happened.

You know, weeks later,
we find out that he's bisexual.

That, to me, is something
that he did not hold himself out to be...

unfaithful on any level to my mother.

And to think that he had this secret life
going on is just... it's baffling.

It makes me think there are many things
that I didn't know about him and it's...

it cancels out all trust I had in him.

And that's very scary.

I did consider Martha and Margaret
my sisters.

And, you know, my mother
considered them her daughters.

But my goal, my strength in life,
is completely opposite.

It's in seeking justice for my mother.

That's what I'm here for.

Right through that door
is your place.

So, what do you have?

You have two women murdered on
or pushed down, whatever, two staircases

in two different countries,
and one man present with them each time.

Both ruled a homicide.

The second thing
is the blood wiping on the walls.

The medical examiner testified,
that I read last night,

that Kathleen Peterson laid there
and was bleeding for a time cert...

She couldn't say how long,
for a period of time before she died.

But it's clear evidence that somebody
was wiping the blood off the walls.

And then, how do you get past
the blood spatter on his shoes?

And then, the bloody footprint
on the back of her leg.

And, Judge, I went back and looked
at the photographs in this case.

I don't know how high that ceiling is
in that home,

but anybody with common sense would know

that the blood on that ceiling
and on the wall

did not come from falling down the steps.

I grew up in a house that had steps.
I've fallen down steps.

My mother has fallen down the steps.

Separate and apart
from anything Mr. Deaver did,

Mr. Labor and Mr. Epstein
indicate in their report

that this was clearly not a fall
down the steps.

And furthermore, Judge Hudson,
they indicated

from wearing the pants of Michael Peterson

that the spatter inside of those pants
came in an upward direction,

and found that, in their opinion,

- Peterson was standing over the body...
- Not true.

- ...of this lady when that spatter was...
- That's just not true.

...inside his pants.

Your Honor, defendant will call
Mike Klinkosum to the stand.

In 1991,

Greg, um,
and his acquaintance, Johnny Beck,

had been out in Raleigh that evening
and had been seeking drugs and drinking.

They had gotten together
because Johnny knew where to get drugs

and Greg had the money,
and so they were doing drugs together.

And they ended up driving down
into a cul-de-sac on Blunt Street

here in Raleigh.

And they sat there for a while
and smoked some more crack.

At one point,
when they were getting ready to leave,

Greg decided, because he had
a four-wheel-drive vehicle,

that he would go down this dirt path
out into this field.

And when he did, he got his car stuck
in a ravine out in the field.

So, as they walked back
into the cul-de-sac and out Blunt Street,

they noticed...
and this was in the early morning hours.

They noticed, um, what Greg at first
thought was a rolled-up carpet

lying in the road in the cul-de-sac,

and it was really Johnny
who determined that it was a body.

And because they had been out using drugs
and Greg still had some marijuana on him

and didn't have a driver's license,
they just decided to leave it be.

And later that morning,
he went back to the cul-de-sac.

He walked up to the police and told them
that that was his truck in the field.

And they asked him to come down
to be questioned

and he agreed to do that,

and at that point,
things started rolling against him.

They had found stains
on the fender and the fender liner

that law enforcement thought
might be blood.

So they sent these stains to the SBI lab
for testing in the serology section.

The report that was generated and signed
by Agent Deaver from the SBI lab

said that there were chemical indications
for the presence of blood.

That's what was written in the lab report.

But what was not turned over or disclosed
was the fact that Agent Deaver

had gotten a negative result
on the Takayama test,

which indicated that he could not confirm
that those two stains were in fact blood.

And the lab report
that was given to defense counsel,

given to the prosecutor,
and introduced into evidence,

Duane Deaver's lab report,

did it say anything about the fact
that an additional test had been done?

No.

What was the result?

Um, Mr. Taylor was convicted
of first-degree murder.

- And what was his sentence?
- Uh, he was... life in prison.

Did you see in the report
where Agent Deaver stated,

in his opinion,
"there is nothing scientifically wrong

with what they reported,
and they did not hurt anybody

by not reporting negative results."
Did you see that?

Uh, Greg Taylor is the prime example.

He spent 17 years in prison
for a murder he didn't commit.

And if the results
of the confirmatory test,

the Takayama test, had been turned over,

I think that would have made
a large impact on the jury,

because at his trial, the prosecutor,
um, in his closing argument

several times referred
to the blood on the truck.

I think even later some jurors
gave their opinion

that the blood on the truck
was a major factor, um, in their decision.

It never occurred to anybody.

We thought they hadn't done
all the testing they should have done.

Uh, we thought the testing
was probably not accurate,

but it never occurred to anybody
that they had done the testing

and just hidden the results.

Um...

They're scientists, and scientists
are supposed to be about the facts.

They're not supposed to take sides.

They're supposed to reveal
everything they find and not have bias.

Uh, but the fact that they held back
these confirmatory tests

was absolutely biased, uh,
in favor of the prosecution

in the way they conducted...
they prepared that final report.

Uh, so I was shocked, really.
Uh, we were all shocked.

How could a lab do that?
You don't expect...

You'd expect it from a prosecutor
or a policeman or an attorney,

maybe a judge or whatever, but from a lab?

You know?

You know, where's the...

sense of fairness?

Why do they feel like
they have to do something like that?

Um, you know, and I think about
all the years that I lost

because of this,
what I missed of my daughter growing up.

I missed her tenth birthday.
I missed her high school graduation.

I missed her college graduation.

I missed her getting married.

I missed the birth of my grandson.

She was 26 years old when I was released.

And I missed all that.
I look at her today like she's a stranger,

'cause I don't know
how she came to be about herself.

Uh-huh.

Say hi?

- How are you doing?
- Say hi. Hi, Grandpa!

Hi. How you doing?

His first visit to jail.

But he's been to prison
twice already!

He's seen you twice at Nash.

- In prison! That's right. Right.
- Right.

His first time to jail, though.

It's the first
through-the-glass conversation!

All those little memories
that you write down in the baby scrapbook.

In his baby book!

Oh, for God's sake.

- Oh, it's good to see you. God.
- You too, Dad.

Oh, Christ.

I hear your career's going beautifully.

Yeah, everything's great.
Work's going well. All this is good.

He's a darling.

You know, down here with family.
It's stressful, but, you know,

- it's nice to see everybody.
- Oh, yeah!

So, do you know think
he looks like anyone yet?

- No!
- His ears are like mine.

- They are! So you...
- I said...

I said that to Margaret the other day.

'Cause we were looking at you in court
from the back,

and I look at him from the back.
Your ears look the same.

I had gorgeous, small ears
when I was young.

- Is he going to have hair or not?
- One of these days...

Someday! Someday!

When you see Margaret,

would you please wish her
a happy birthday?

- Yeah.
- That poor child.

I know.

You know, I wrote about this day with her.

I was there when she was born.

Well, I wasn't in the room,
but I took her to the hospital in 1981,

drove her through a snowstorm

to go to, you know, Wiesbaden Hospital.

And then I was there every birthday
after that.

Every single birthday she ever had,
I was there

until, I guess it was about
the 18th birthday.

- Then she went to college.
- Yeah.

- And then there was the 20th birthday.
- Yeah, that one kind of sucked.

Kind of sucked?

Yeah.

Yeah, you remember that?
Watching the grid search of the house.

- And then here it is, her 30th birthday.
- 30th birthday.

- Oh, my God.
- Yeah.

So maybe this is the last
I'm going to see of Dorian until...

you bring him down
for our ice cream and tattoo outing.

Well, we'll see.

So I'll see you Tuesday morning.

- Yeah. No, no.
- Yes.

You're going to watch me
hobble down the stairs, okay?

- Yeah.
- Oh, God Almighty. Oh, Christ.

Don't let them film me
going down the stairs.

Jesus.

No filming going down the stairs!

- I love you.
- Love you.

We love you, Pa!

Bye-bye. Come on, wave.

- Bye-bye.
- Bye-bye.

- Bye-bye.
- Bye, Dad. Love you.

Oh, shit.

Bye-bye.

Bye-bye.

Bye-bye.

It was snowing, gently falling everywhere,

and after many,
many hours of intensive labor,

I was at your birth mother's side.

Margaret, at long last, emerged.

She was exquisitely beautiful...

...and she looked exactly the same.

Lovely red strawberry-blonde hair.
To Margaret, much love.

May the future bring you much happiness
and continued fulfillment.

- We love you, Margaret.
- Thank you.

- Cheers.
- Thank you.

I love you, guys.

Thanks for coming, guys.

I hope your 30s
are freaking awesome.

Yay! I love you!

My 20th birthday sucked so hardcore

and my 30th birthday is so much better,

so thank you guys for coming.

It's gonna just be a lot better
from now on.

I hope.

- For our loving, dear Margaret.
- Yeah!

Okay, so to all of you guys
and to Dad, too.

- Yes.
- Yeah.

Place your left hand on the Bible,
raise your right.

You solemnly swear the testimony
you're about to give

and the jury, in the case now being heard,
to be the truth and nothing but the truth

- so help you God?
- I do.

Please be seated.

Did there come a time
when you were asked to conduct a review

of the SBI laboratory?

Yes, in, uh... early March of 2010,

we agreed to conduct a review
of all serology files

with similar reporting sequences
as had appeared in the Taylor case.

The purpose of the report was to see
if there had been any cases of injustice.

Did you find that there were
at least a number of agents,

not just Agent Deaver,
who were producing lab reports

that didn't have all of the tests
that they had actually run?

We identified 230 cases
where not all the tests were reported

in the final report
that was issued by the lab.

You would see a presumptive positive,
a negative Takayama in the notes,

and you'd see a final report that simply
reported the presumptive positive.

And, of the five cases
that were categorized by you all

as the most serious of all the cases
you looked at,

who was the agent on each of those cases?

Special Agent Deaver.

Were those the only instances
where you found

that Agent Deaver had failed
to put down what his lab notes reflected?

No.
I believe the final total was 34.

- Thirty-four cases?
- That's correct.

Thank you very much.

Please answer whatever questions
the DA may have. I appreciate it.

Hey, Tim.

These guys work late, too, huh?

We all work late.

What I knew
at the time of the trial was that

what Deaver was saying
was not valid science.

He's trying to put it out in space,
you know, and you just can't...

- It's an area, it's not a point.
- That's absolutely right.

- He worked from the end result backwards.
- Right.

- He wanted to recreate something.
- He looked at the pictures.

So his goal was, "I need this end product,
what do I have to do to get there?"

That's dead polar opposite
to good science.

Good science says,
"We don't care what the end product is."

It was clear to me that Deaver
was not playing by the rules.

My experts were playing by the rules,

but Deaver would simply deny
what was in all of the treatises,

and so there was no way really
to impeach him at that point

uh, and the jury was asked
to believe what he said,

because after all, he was their expert.

Now of course,

I have a lot more ammunition
that I can present to Judge Hudson,

uh, to hopefully convince him
that what I said back then,

which was that Deaver
should not be permitted to testify,

that he was a self-proclaimed expert,

and that what he was saying
was not scientifically valid,

was in fact the truth.

Have you published any manuals

with regard
to bloodstain pattern analysis?

I have, uh, co-authored three textbooks.

The first, second, and third edition
of Bloodstain Pattern Analysis.

Is that recognized as a learned treatise

in the field
of bloodstain pattern analysis?

It is, yes, sir.

I'm gonna show you at this point
some clips of Agent Deaver's testimony

at Mr. Peterson's trial.

The precision
of the math should not be construed

to mean a similar precision
in the definition of the angle.

- Do you agree with that?
- No, I do not.

Would that statement
have been well-accepted

in the field of bloodstain pattern
analysis back in 2003?

Back then as well as today.

For the analyst to state

that an event occurred at a precise point
in space is almost ludicrous.

- Do you agree with that?
- No.

- Is it in fact ludicrous?
- In my opinion, it is.

Anybody who's ever done it would agree
with the statement that's being made.

I think "ever done it accurately"
needs to be inserted there.

On the night
that I was at this scene,

I gave Detective Holland a minimum
of four blows that occurred to the victim.

The reason for that was...

that I found three points of origin
from impact.

That means that the source of blood,

the back of the head,
was struck three times.

I add one to that,

because there needs to be
at least one blow

that occurs to start bleeding.

Do you have
any question in your mind whatsoever

that Ms. Peterson's head was out in space

when those patterns were created
to cause those three points of origin?

I have no doubt that a source of blood
was out there

and that it was impacted creating those
and that they are not on a surface.

Was it acceptable for a bloodstain pattern
analyst to testify back in 2003

that it was inconsistent with a fall,

simply by calculating what he called to be
"points of impact"?

You can't identify points of impact.

You can only come to an area.

In the smallest area, such as a gunshot,

you're generally talking about something
about the size of a tennis ball.

When you start getting to blunt trauma,

you're talking about an area approximately
of 12 inches in a spherical shape.

And in this case, for example,
some of those "points" that he identified

were as close as two inches to a wall?
Correct?

That's correct.

So you can't just,
based on his points of impact analysis,

rule out the wall as an area of origin?

No.

It is misleading to the jury, correct?

- Objection.
- Overruled.

In my opinion, it would be, yes.

Is this the testimony of someone who,

within the field
of bloodstain pattern analysis,

knows what they're talking about?

- Objection.
- Overruled.

In my opinion, no.

Court is in recess
until 9:30 tomorrow morning.

I thought I was prepared.

I thought that I was going
to be strong enough to go in there

and see these photos

and hear them talk about,
you know, the death of our mother,

and Dad has been in prison
for so long and, um...

I just saw such a vulnerability in him
being up there kind of...

having to see these things again.

Being subjected to being talked about

and not being able to have his voice
directly heard.

Every time he'd come into the courtroom,
he couldn't really talk to us,

and I think it's some direction
that he can't do.

He was in chains the first time,

um...

Whatever it was, him talking to me.
And that being the first time,

just kind of softened everything
that was in there

and just allowed me to cry
and to let my grief show.

He looks... He's in pain.

Why, Jack?

Let me tell you how great you look.

I have never, ever been
in such pain like this.

I can't move my neck. Okay?

I can't, I can't lift my...
Sorry, can't lift my foot.

I have lower back pain.
I can't move. I can't move!

Have they told you
they've contacted a doctor?

- Are they going to bring one for you?
- Huh! No.

No. I can't goddamn believe it.

- Me, either.
- That for once you look better than I do.

Oh, God!

It's not just once,
it's always been that way.

- No, no, no.
- You're just coming to the realization.

No.

- You doing good?
- Ah! You know, I'm all right.

I'm all right. Especially compared.

Compared?

You'll see.
I'm canceling my appeal tomorrow.

I don't care.

No, but I mean,
I have a high pain threshold.

- Yes, I know.
- I do. And this would...

I mean, I've just been lying there,
laying back...

I try to get up and uh! Jesus.

I was telling Clay about your threshold.

I said, I remember,

it was either late '70 or early '71,
I can't remember which,

when Bill and I took you out
of Bethesda Naval Hospital.

Oh.

Oh, my God, I remember that.

- Oh, shit, we went and saw a movie.
- We did, yeah.

Ken Russell's movie on... Oh, God.

Do you remember the scene
in which she's at the bottom of the cross,

she's the nun,
and she's masturbating with the crucifix?

And I...

And you were there,
sweet, good little Catholic boy!

- "Don't tell Mama!"
- "Don't tell Mother I'm here!"

He needs some meds pretty badly.

And not just an ibuprofen.

Yeah, he's in pretty much pain.

I got this group of French people
who are following me around with a camera.

I know they're here,
but what are you doing?

They want to film inside.
I don't know if...

- If that's all right with you...
- It's okay with me.

Oh, you've come
to share lunch with me!

- No!
- You were going to bring yours.

No, I'm not sharing anything
with you.

Why are you hobbling around
like you're 80 years old?

Jeez, 80?

- Ninety.
- How about 200?

- Ask them what I looked like yesterday.
- Why? What's going on?

Well, I'm hardly
the "Princess and the Pea" here.

- You know "Princess and the Pea"?
- Yes.

I've been in prison for eight years.

We don't have
Sealy Posturepedic mattresses or anything.

- They don't have the foam?
- No, no, no. No, it's pretty terrible.

I'm so used to prison
luxury conditions, you see,

that coming to the jail, sleeping
on cold concrete, maybe that's it.

- Maybe that's it.
- It's sort of like going from the Westin

with their Heavenly Beds to Motel 6.

All right. All right.

So, she is not calling Deaver.
She is not calling any experts.

Uh... She's going to call
a couple of witnesses.

I think she's going to try
to get into evidence

that Deborah Radisch
thought it was a homicide,

but neither of those things
has any bearing on it.

Right. As you say, that's for a retrial.

Right, right.

I don't want to get too far out
ahead of ourselves here,

but if we get a new trial,
then the question becomes,

can they even retry you, given the fact
that Deaver was all over that scene?

I mean, all over the scene.

- And, remember the photo glitches?
- Oh, yeah.

- You know, and him smelling the wine and...
- Yes, he's the one that did that!

- All of it. He did all of it!
- Such bullshit.

He did all of it.

Get a good close-up of him.

I don't think it's a good idea.

Oh, another close-up right there.

How the man got away with it,
for as long as he did,

that's really a crime,

because you wonder
how many other cases there are,

not high-profile cases, but other cases
in which the man probably testified.

And he made the difference
of sending them either to prison

or getting them much more time.

And, uh...

I just cannot even imagine
that anybody would do that.

But he's done it for,
oh, gosh, over 20 years.