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If you could pick just one day
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and undo it, make it go away,
make it never have happened...
3
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...what day would it be?
4
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How about our wedding day?
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I mean,
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that would be a very efficient
choice, don't you think?
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Because if you could change that one day,
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all the other days...
the 18 years since...
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would just vanish, too.
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Oh, I want to go into the city.
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I want to go to the apartment
on Madison like we used to.
12
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Spend the weekend in bed
13
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just ordering food and hold each other.
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Come on, Rache. You made me
sell the place on Madison
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a decade ago.
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And as for spending the weekend in bed,
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we got a perfectly good bed here.
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And a cook.
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Come on.
20
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Whole weekend in bed?
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Spending an hour in bed...
at least with me...
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hasn't been something you've
expressed much interest in
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in a very long time.
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And that's fine.
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Although if that's what you want, I'm...
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Do you hate me?
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Okay.
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Somebody...
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has had too much wine.
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I'm too rich to leave, aren't I?
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That's the problem, isn't it?
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The problem is that
when you're not at work,
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you don't know what to do with yourself
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and so you start drinking
at 10:00 in the morning.
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That's not the problem,
that's the solution.
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Okay.
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Time for us to go back to shore.
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Mm. I don't want to go in yet.
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Come on.
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We'll go back.
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We'll take off our clothes
and we'll climb into bed,
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just like you wanted.
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What's her name?
44
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What's whose name?
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The girl in your head.
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The girl you'll imagine you're
with while you're with me.
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You are the girl in my head.
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You know what would make me happy?
49
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It would make me happy to take
50
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that fire extinguisher
51
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and just...
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smash you on the head with it.
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I would enjoy that.
54
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I can't do this anymore.
55
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You've become a monster.
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You've made me a monster.
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And stop crying.
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God, I hate you when you cry.
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You're such a sniveling nothing of a man!
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The keys! Where did the keys go?
61
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I have the keys.
62
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I told you I don't want to go in yet.
63
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Just come away from the wheel
and pour me another drink.
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Good morning and, as always,
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we thank you for joining us.
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Have you seen Peter?
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Do you know where Peter might be?
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I haven't seen him since last night.
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Maybe he's still sleeping?
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What'd you do to your wrist?
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Oh. I don't know.
72
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It's nothing.
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Pete?
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You awake?
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Peter!
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My friends in the legal world
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tell me that if you're staring
at a criminal trial...
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00:04:20,125 --> 00:04:21,502
staring at a jury trial...
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00:04:21,526 --> 00:04:25,106
you are the gentlemen
they would want by their side.
80
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Are you staring at a criminal trial?
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00:04:27,566 --> 00:04:28,977
This past weekend
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my husband Peter and I
went out on our boat.
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We were drinking.
84
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And fighting.
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Wh-When we finally got back to shore
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it was dark and Peter was...
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not ready to get off the boat.
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Intoxicated.
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Yes.
90
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I think we both were.
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00:04:50,023 --> 00:04:51,756
The last time I saw him
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00:04:52,359 --> 00:04:54,469
was down below
in the sleeping compartment,
93
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which was not unusual for him.
94
00:04:56,194 --> 00:04:58,996
Not unusual for us.
95
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I docked the boat, went back
to the house. Figured
96
00:05:01,600 --> 00:05:03,778
he'd find his way back in
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00:05:03,802 --> 00:05:05,569
later that night.
98
00:05:06,738 --> 00:05:08,316
When I woke up this morning,
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00:05:09,126 --> 00:05:10,518
I couldn't find him.
100
00:05:11,169 --> 00:05:13,544
I went down to the boat. He wasn't there.
101
00:05:15,298 --> 00:05:17,248
But there was blood.
102
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Did you call the police?
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They're still out there.
104
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Investigating.
105
00:05:23,610 --> 00:05:25,366
I answered all their questions.
106
00:05:25,390 --> 00:05:26,734
Without a lawyer?
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00:05:26,758 --> 00:05:28,186
Yes.
108
00:05:28,560 --> 00:05:29,938
Because...
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00:05:30,814 --> 00:05:31,896
why not?
110
00:05:32,931 --> 00:05:34,075
But I could tell
111
00:05:34,099 --> 00:05:35,710
from the way they were speaking to me,
112
00:05:35,734 --> 00:05:37,211
the way they were looking at me...
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That you were a suspect.
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So,
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you awoke this morning to discover
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that you didn't know
where your husband was.
117
00:05:43,909 --> 00:05:45,019
You called the police.
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00:05:45,043 --> 00:05:46,788
They came to your house.
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00:05:46,812 --> 00:05:47,889
And then...
120
00:05:48,540 --> 00:05:49,824
you came to work?
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I didn't know where to go.
122
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I-I wanted to look for him,
but where do you look?
123
00:05:56,088 --> 00:05:57,632
We-we were on the water.
124
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I want to believe he's still alive.
125
00:06:01,960 --> 00:06:04,939
But alive where?
126
00:06:04,963 --> 00:06:07,642
Other than the fact that you
were the last person to see him,
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00:06:08,310 --> 00:06:10,111
is there any other
reason anyone would have
128
00:06:10,135 --> 00:06:12,203
to suspect you of foul play?
129
00:06:14,399 --> 00:06:16,384
Two months ago, we...
130
00:06:16,408 --> 00:06:17,919
threw a party at the lake house.
131
00:06:17,943 --> 00:06:19,287
About a hundred people.
132
00:06:19,311 --> 00:06:22,590
Peter and I got into it.
133
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He says I get mean when I drink.
134
00:06:26,286 --> 00:06:27,762
I do get mean when I drink.
135
00:06:27,786 --> 00:06:30,598
Apparently, I got loud
and really abusive.
136
00:06:30,622 --> 00:06:31,799
Really let him have it.
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00:06:31,823 --> 00:06:33,460
Everyone saw.
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00:06:34,326 --> 00:06:36,626
Or so I was told.
139
00:06:36,650 --> 00:06:38,306
Or so you were told.
140
00:06:38,715 --> 00:06:41,242
Do you suffer from blackouts,
Mrs. Thomas?
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00:06:41,266 --> 00:06:42,610
I don't know what that means.
142
00:06:42,634 --> 00:06:44,612
I suffer from drinking too much
143
00:06:44,636 --> 00:06:47,838
and not always remembering
everything afterward.
144
00:06:49,961 --> 00:06:51,272
What happened to your wrist?
145
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Oh. Oh, this.
146
00:06:53,545 --> 00:06:56,324
I was walking my dog.
He took off after a squirrel.
147
00:06:56,983 --> 00:06:59,394
Pulled me down onto the sidewalk
with him. I landed on it.
148
00:06:59,418 --> 00:07:01,433
Bruised it pretty badly.
149
00:07:01,457 --> 00:07:03,798
I'm sorry to interrupt, Mrs. Thomas.
150
00:07:03,822 --> 00:07:06,624
It's the medical examiner's office.
151
00:07:08,827 --> 00:07:10,494
Okay.
152
00:07:12,165 --> 00:07:14,575
They found the body down the shore.
153
00:07:15,210 --> 00:07:16,744
Apparently, he drowned,
154
00:07:16,768 --> 00:07:19,414
but there's also
significant blunt force trauma
155
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visible on the back of the skull.
156
00:07:22,217 --> 00:07:23,918
So, here's the thing.
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Almost everybody
has had too much to drink
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at one time or another,
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00:07:28,880 --> 00:07:31,159
but this "I don't remember"
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00:07:31,183 --> 00:07:33,428
is not going to be an easy sell to a jury
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as a defense for murder.
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We taking the case?
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She's Rachel Thomas.
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She's one of the wealthiest,
smartest women
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in all of New York.
166
00:07:43,128 --> 00:07:46,207
She manages a hedge fund
worth over five billion dollars.
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That woman
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00:07:47,699 --> 00:07:50,745
did not get to the top by being reckless.
169
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She's one of the brightest minds
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to ever walk the floors
of the stock exchange.
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You really think the best plan
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she could come up with
to get rid of her husband
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was to hit him on the head
and throw him in the lake?
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Hell yeah, we're taking this case.
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Synced & corrected by -robtor-
www.addic7ed.com
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_
MARISSA: But there is nothing to divide.
177
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There is nothing to buy out.
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It was my apartment when
we got married the first time,
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00:08:21,251 --> 00:08:23,696
my apartment when
we got married the second time,
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and it is still my apartment.
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This is a civil tone.
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This is as civil as my tone gets
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when someone is trying to take
something of mine
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that they have no right to.
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I have to go now.
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00:08:37,459 --> 00:08:40,379
Bull and Benny apologize for not joining,
187
00:08:40,403 --> 00:08:43,847
but they are at a bail hearing
for our new client,
188
00:08:43,871 --> 00:08:45,584
Rachel Thomas, who, moments ago,
189
00:08:45,608 --> 00:08:47,920
was officially charged
with second-degree murder.
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00:08:47,944 --> 00:08:50,189
They are convinced that the prosecution
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is gonna try to persuade the jury
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that the marriage was falling apart.
193
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That Mr. Thomas was being unfaithful,
194
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and that Rachel was enraged
195
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and killed him in a moment of passion.
196
00:09:00,095 --> 00:09:01,806
- Can they prove any of that?
- Well,
197
00:09:01,830 --> 00:09:04,375
the first part of it was definitely true.
198
00:09:04,399 --> 00:09:06,911
The Thomases had enough fights in public
199
00:09:06,935 --> 00:09:09,714
that rounding up people
to testify to their animus
200
00:09:09,738 --> 00:09:11,034
shouldn't be a problem.
201
00:09:11,640 --> 00:09:13,150
The cheating is another matter.
202
00:09:13,174 --> 00:09:14,552
Rachel is convinced of it,
203
00:09:14,576 --> 00:09:16,354
but from what Bull and Benny can surmise,
204
00:09:16,378 --> 00:09:17,945
she doesn't really have
any hard evidence.
205
00:09:18,847 --> 00:09:20,748
- So where does that leave us?
- Well,
206
00:09:20,772 --> 00:09:22,793
here's the thing.
Peter didn't know it yet,
207
00:09:22,817 --> 00:09:25,329
but Rachel had already retained
a divorce lawyer.
208
00:09:25,353 --> 00:09:27,448
She had already decided to leave him.
209
00:09:27,472 --> 00:09:30,668
So she really had
no practical motive to kill him.
210
00:09:30,692 --> 00:09:33,371
I beg to differ.
If she had divorced Peter,
211
00:09:33,395 --> 00:09:35,172
it would have cost her half her fortune.
212
00:09:35,196 --> 00:09:37,074
It wouldn't have cost her half.
They had a prenup.
213
00:09:37,098 --> 00:09:39,504
A very aggressive prenup. Remember?
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00:09:39,528 --> 00:09:41,589
Even back when they first married
215
00:09:41,613 --> 00:09:43,914
18 years ago,
she was a wealthy businesswoman.
216
00:09:43,938 --> 00:09:45,416
He was a failed playwright.
217
00:09:45,440 --> 00:09:46,984
Here it is.
218
00:09:47,008 --> 00:09:49,453
It even stipulates
that if he were caught cheating,
219
00:09:49,477 --> 00:09:51,155
he would leave the marriage with nothing.
220
00:09:51,179 --> 00:09:52,857
So then doesn't it stand to reason
221
00:09:52,881 --> 00:09:56,027
that if we can prove that Peter
was actually having an affair
222
00:09:56,051 --> 00:09:59,430
and that Rachel knew about it
that she had no motive at all?
223
00:09:59,454 --> 00:10:00,898
The affair would mean
224
00:10:00,922 --> 00:10:02,356
she wouldn't have had to give him a dime.
225
00:10:03,658 --> 00:10:05,569
When it comes to the jury,
226
00:10:05,593 --> 00:10:07,204
I think the key is gonna be eliminating
227
00:10:07,228 --> 00:10:09,206
anyone prone to rage bias.
228
00:10:09,230 --> 00:10:10,775
Rage bias?
229
00:10:10,799 --> 00:10:12,710
What on God's earth is that?
230
00:10:12,734 --> 00:10:15,146
People who have rage bias
tend to exhibit...
231
00:10:16,471 --> 00:10:18,416
I am so sorry to interrupt. Uh, Bull,
232
00:10:18,440 --> 00:10:20,551
could I just have a word
with you outside for a moment?
233
00:10:20,575 --> 00:10:22,209
It'll be very brief.
234
00:10:25,947 --> 00:10:27,425
What's so urgent?
235
00:10:27,449 --> 00:10:29,760
It's our new client.
Our bank just called.
236
00:10:29,784 --> 00:10:31,262
The check she wrote for our retainer...
237
00:10:31,286 --> 00:10:32,630
it bounced.
238
00:10:32,654 --> 00:10:34,932
Are you sure? Maybe they made a mistake.
239
00:10:34,956 --> 00:10:36,934
That's Rachel Thomas.
240
00:10:36,958 --> 00:10:38,803
I watched her write the check myself.
241
00:10:38,827 --> 00:10:40,173
It came from her personal account.
242
00:10:40,197 --> 00:10:42,306
I'm just telling you what they told me.
243
00:10:42,625 --> 00:10:44,542
All right. I'll handle it.
244
00:10:44,566 --> 00:10:46,875
I'll find the right moment
and I will speak to her.
245
00:10:46,899 --> 00:10:49,837
I am sure it's just a misunderstanding.
246
00:10:52,040 --> 00:10:54,018
Sorry. Where were we?
247
00:10:54,042 --> 00:10:55,915
You were explaining rage bias.
248
00:10:55,939 --> 00:10:57,682
Yes. People
249
00:10:57,706 --> 00:11:00,057
with this particular bias
believe that those
250
00:11:00,081 --> 00:11:02,426
who let their emotions run away with them
251
00:11:02,450 --> 00:11:05,496
are a danger to themselves and others.
252
00:11:05,520 --> 00:11:07,698
They won't have any trouble
making the leap that
253
00:11:07,722 --> 00:11:10,501
because you are capable of
acting out against your husband
254
00:11:10,525 --> 00:11:13,137
in front of a room full of people
255
00:11:13,161 --> 00:11:16,363
that you would also
be capable of killing him.
256
00:11:17,532 --> 00:11:20,778
So w-what do we do about that?
257
00:11:20,802 --> 00:11:22,652
All right, let's play "what if."
258
00:11:22,676 --> 00:11:23,681
Okay.
259
00:11:23,705 --> 00:11:25,216
What if it's rush hour
260
00:11:25,240 --> 00:11:26,817
and it's raining?
261
00:11:26,841 --> 00:11:29,754
You're trying to get a cab,
you finally hail one down,
262
00:11:29,778 --> 00:11:32,623
you're about to get in
when someone rushes past you
263
00:11:32,647 --> 00:11:35,159
and tries to steal the cab away from you.
264
00:11:35,183 --> 00:11:36,427
What do you do?
265
00:11:36,805 --> 00:11:38,362
The truth?
266
00:11:38,386 --> 00:11:41,165
I kick, claw, spit, bite and
pull the other person's hair,
267
00:11:41,189 --> 00:11:42,533
and if that doesn't work...
268
00:11:42,557 --> 00:11:44,235
We get the idea.
269
00:11:44,259 --> 00:11:46,036
My kind of gal.
270
00:11:46,060 --> 00:11:49,393
Your Honor, this juror is
acceptable to the defense.
271
00:11:49,417 --> 00:11:51,377
And that means we have our jury.
272
00:11:51,401 --> 00:11:54,030
Let's break for lunch
and then reconvene to hear
273
00:11:54,054 --> 00:11:55,196
opening statements
274
00:11:55,220 --> 00:11:58,076
and perhaps start calling
prosecution witnesses.
275
00:12:00,809 --> 00:12:02,620
So, what's your sense?
276
00:12:02,644 --> 00:12:04,896
My sense is we have a long way to go.
277
00:12:04,920 --> 00:12:08,492
Benny, would you, uh, go across
the street, get us a table?
278
00:12:08,516 --> 00:12:10,117
We'll meet you there.
279
00:12:12,131 --> 00:12:13,754
Two things.
280
00:12:16,057 --> 00:12:18,035
Uh, the check you wrote us...
281
00:12:18,059 --> 00:12:20,371
the bank returned it. It bounced.
282
00:12:20,395 --> 00:12:22,740
Oh, my God. Really?
283
00:12:22,764 --> 00:12:23,941
Mm-hmm.
284
00:12:23,965 --> 00:12:25,576
I'm so sorry.
285
00:12:25,600 --> 00:12:27,411
I... I wrote it on my personal account,
286
00:12:27,435 --> 00:12:29,580
and I know this is horrifying to hear
287
00:12:29,604 --> 00:12:31,448
from someone who does
what I do for a living,
288
00:12:31,472 --> 00:12:32,950
- but sometimes I don't even bother to...
- I'm not really
289
00:12:32,974 --> 00:12:34,285
concerned about it.
290
00:12:34,309 --> 00:12:35,853
I know you're good for it.
291
00:12:35,877 --> 00:12:38,956
Do you have any idea
how upset you just got?
292
00:12:38,980 --> 00:12:41,826
Well, it's-it's upsetting.
It's embarrassing. I'm-I'm...
293
00:12:41,850 --> 00:12:43,894
Well, it's nothing compared
to what we're doing here.
294
00:12:43,918 --> 00:12:45,596
We're...
295
00:12:45,620 --> 00:12:47,164
We're fighting for your life.
296
00:12:47,188 --> 00:12:48,566
We're fighting for your freedom.
297
00:12:49,002 --> 00:12:51,368
You're accused of killing a man,
and yet you sit here
298
00:12:51,392 --> 00:12:53,821
in front of these people who are
gonna judge you...
299
00:12:53,845 --> 00:12:56,707
the people who are going to
decide your fate...
300
00:12:56,731 --> 00:12:58,809
and you seem not the least bit upset
301
00:12:58,833 --> 00:13:01,045
that the man you claim you didn't kill
302
00:13:01,069 --> 00:13:04,148
was taken from you
little more than a week ago.
303
00:13:04,172 --> 00:13:06,550
You don't look shocked,
you don't look sad.
304
00:13:06,574 --> 00:13:09,443
You look like you're ready
to run a board meeting.
305
00:13:14,482 --> 00:13:15,882
Do you miss him?
306
00:13:17,658 --> 00:13:19,240
Course I miss him.
307
00:13:22,457 --> 00:13:25,736
I don't mean to pry, but what
exactly are you writing down?
308
00:13:25,760 --> 00:13:27,338
It's just a note.
309
00:13:27,362 --> 00:13:29,607
Remind myself
to do all the things you said:
310
00:13:29,631 --> 00:13:32,378
look sad, look like I'm in shock.
311
00:13:33,134 --> 00:13:34,768
Shall we go?
312
00:13:37,972 --> 00:13:41,652
Dr. Ortiz, as the Nassau County
medical examiner
313
00:13:41,676 --> 00:13:44,288
who first examined Peter Thomas' corpse,
314
00:13:44,312 --> 00:13:47,391
can you share with us
the official cause of death?
315
00:13:47,415 --> 00:13:50,594
Mm-hmm. Cause of death
was determined to be drowning
316
00:13:50,618 --> 00:13:53,063
after blunt force trauma
to the left temporal lobe,
317
00:13:53,087 --> 00:13:55,966
which is part of the head
just above the ear.
318
00:13:55,990 --> 00:13:58,401
And what can you tell us about
319
00:13:58,425 --> 00:14:00,504
Mr. Thomas' blood alcohol content?
320
00:14:00,528 --> 00:14:03,240
It was quite high... 25...
321
00:14:03,264 --> 00:14:05,353
about three times the legal limit.
322
00:14:05,377 --> 00:14:07,111
Now, your report
323
00:14:07,135 --> 00:14:09,790
indicates that Mr. Thomas
weighed over 200 pounds.
324
00:14:09,814 --> 00:14:13,083
Would the fact that he was so
intoxicated have made it harder
325
00:14:13,107 --> 00:14:16,754
or easier for a smaller person...
let's say someone
326
00:14:16,778 --> 00:14:18,789
the size of the defendant...
327
00:14:18,813 --> 00:14:20,810
to overpower Mr. Thomas and then
328
00:14:20,834 --> 00:14:22,493
knock him over the side of the boat?
329
00:14:22,971 --> 00:14:24,962
Seems to me it'd make it easier.
330
00:14:25,348 --> 00:14:26,887
No further questions, Your Honor.
331
00:14:31,479 --> 00:14:34,004
Remember you told me
how much you missed him?
332
00:14:34,028 --> 00:14:36,640
Wouldn't hurt to wince a bit
every time you heard his name.
333
00:14:36,664 --> 00:14:38,242
- Mm?
- Good afternoon, Dr. Ortiz.
334
00:14:38,266 --> 00:14:40,444
Now, just to recap.
335
00:14:40,468 --> 00:14:42,446
You are saying you believe
336
00:14:42,470 --> 00:14:44,815
someone struck Mr. Thomas
337
00:14:44,839 --> 00:14:47,651
in the back of the head, creating...
338
00:14:47,675 --> 00:14:49,553
What was it you called it?
339
00:14:49,577 --> 00:14:51,355
Blunt force trauma.
340
00:14:51,379 --> 00:14:53,123
Exactly. Blunt force trauma.
341
00:14:53,147 --> 00:14:56,393
And then either dumped
or pushed him into the water.
342
00:14:56,417 --> 00:14:57,695
As I said,
343
00:14:57,719 --> 00:14:59,676
that's what the evidence
seems to suggest.
344
00:14:59,700 --> 00:15:02,232
I see. But you haven't actually
345
00:15:02,256 --> 00:15:04,935
found the object that inflicted
this blunt force trauma,
346
00:15:04,959 --> 00:15:06,904
- have you?
- No, we have not.
347
00:15:07,515 --> 00:15:10,741
Then how can you be so sure
of the order of events?
348
00:15:10,765 --> 00:15:12,343
Couldn't Mr. Thomas,
349
00:15:12,367 --> 00:15:14,511
who you already testified was
350
00:15:14,535 --> 00:15:18,449
incredibly intoxicated,
simply have lost his balance,
351
00:15:18,473 --> 00:15:20,117
tumbled off the side of the boat
352
00:15:20,141 --> 00:15:22,619
and hit his head as he fell in the water?
353
00:15:23,281 --> 00:15:25,055
Well, that's certainly a possibility,
354
00:15:25,079 --> 00:15:27,558
but not nearly as likely, in my opinion.
355
00:15:27,994 --> 00:15:30,260
What informed that particular opinion?
356
00:15:30,284 --> 00:15:32,896
The laceration to the skull appears
357
00:15:32,920 --> 00:15:36,000
as if it would have required
a significant amount of force.
358
00:15:36,419 --> 00:15:39,370
Doesn't seem like a fall into
the water would get it done.
359
00:15:39,394 --> 00:15:42,662
What if... another boat was passing by?
360
00:15:44,093 --> 00:15:47,177
What if Mr. Thomas's head
kept getting smashed
361
00:15:47,201 --> 00:15:50,581
on the stern of his own vessel
over and over again
362
00:15:50,605 --> 00:15:52,606
in the wake of the passing boat?
363
00:15:53,641 --> 00:15:55,552
Something wrong with my theory?
364
00:15:55,576 --> 00:15:58,822
Is it any less plausible
than your theory,
365
00:15:58,846 --> 00:16:00,457
which is based on the assumption
366
00:16:00,481 --> 00:16:02,059
that my client's husband was hit
367
00:16:02,083 --> 00:16:04,395
with an object
no one can prove even exists?
368
00:16:04,419 --> 00:16:06,163
He's very good.
369
00:16:06,187 --> 00:16:07,731
Is the problem
370
00:16:07,755 --> 00:16:11,602
with my theory, Dr. Ortiz,
is that it makes
371
00:16:11,626 --> 00:16:13,404
Mr. Thomas' death
372
00:16:13,428 --> 00:16:17,207
seem more likely
the result of a drunken mishap
373
00:16:17,231 --> 00:16:19,810
rather than homicide?
374
00:16:19,834 --> 00:16:21,211
Objection, Your Honor.
375
00:16:21,235 --> 00:16:22,513
Counsel is testifying.
376
00:16:22,537 --> 00:16:24,348
Sustained.
377
00:16:24,372 --> 00:16:28,085
The jury will disregard
counselor's last statements.
378
00:16:28,109 --> 00:16:30,287
Ask a question, Counselor.
379
00:16:30,311 --> 00:16:32,890
Actually, I have no further
questions, Your Honor.
380
00:16:32,914 --> 00:16:34,114
Thank you.
381
00:16:36,350 --> 00:16:38,529
Mr. Colón,
382
00:16:38,553 --> 00:16:40,664
Dr. Bull, Mrs. Thomas,
383
00:16:40,688 --> 00:16:43,219
any way I could borrow
your legal counsel for a moment?
384
00:16:43,243 --> 00:16:45,061
There's something I'd like to show them.
385
00:16:45,085 --> 00:16:47,928
We just got these
from the Nassau County Police.
386
00:16:48,963 --> 00:16:50,374
What are we looking at?
387
00:16:50,398 --> 00:16:53,710
It's a fire extinguisher made
especially for use on boats.
388
00:16:53,734 --> 00:16:56,814
Uh, they found it in the water
early this morning about
389
00:16:56,838 --> 00:16:59,850
300 yards from where they
discovered Peter Thomas' body
390
00:16:59,874 --> 00:17:01,185
the other day.
391
00:17:01,209 --> 00:17:04,154
Serial number indicates
it was purchased by Mr. Thomas
392
00:17:04,178 --> 00:17:06,090
about four and a half years ago.
393
00:17:06,114 --> 00:17:07,925
It's dented.
394
00:17:07,949 --> 00:17:10,494
Consistent with the kind of dent
you might expect
395
00:17:10,518 --> 00:17:12,529
if it were used to, say...
396
00:17:12,553 --> 00:17:14,387
Hit someone on the head.
397
00:17:15,423 --> 00:17:17,173
- Great minds.
- Mm.
398
00:17:17,197 --> 00:17:19,670
There was still some blood
on it, some brain matter.
399
00:17:19,694 --> 00:17:21,338
Uh, we're having everything tested.
400
00:17:21,362 --> 00:17:23,373
Uh, of course,
it was in the water over a week,
401
00:17:23,397 --> 00:17:24,769
so who knows what the tests will show.
402
00:17:24,793 --> 00:17:26,779
But I wanted you
to be the second to know.
403
00:17:35,813 --> 00:17:37,605
Dad. Wake up.
404
00:17:37,629 --> 00:17:39,226
What are you doing here?
405
00:17:39,250 --> 00:17:40,627
Dad?
406
00:17:40,651 --> 00:17:41,962
Mm.
407
00:17:41,986 --> 00:17:43,364
You can't just sit in
front of my door like this.
408
00:17:43,388 --> 00:17:44,531
You're gonna get me in trouble.
409
00:17:44,555 --> 00:17:45,699
I'm sorry.
410
00:17:45,723 --> 00:17:47,724
I didn't intend to fall asleep.
411
00:17:50,094 --> 00:17:52,606
Been here for hours.
412
00:17:52,630 --> 00:17:54,174
What are you doing here?
413
00:17:54,198 --> 00:17:57,311
Well, I called you, like, 300 times.
414
00:17:57,335 --> 00:17:59,847
I texted you, like, a million.
415
00:17:59,871 --> 00:18:01,938
I came here to talk to you.
416
00:18:03,341 --> 00:18:04,741
To tell you something.
417
00:18:06,277 --> 00:18:08,956
Look,
I-I know you're not gonna believe me,
418
00:18:08,980 --> 00:18:12,802
but... I have been
praying about this, baby.
419
00:18:13,308 --> 00:18:16,052
I've been reading about it,
I've been thinking about it.
420
00:18:17,355 --> 00:18:19,199
And Anna, I know,
421
00:18:19,223 --> 00:18:21,402
deep in my heart, that this is wrong.
422
00:18:21,426 --> 00:18:23,404
And I'm gonna keep telling you,
423
00:18:23,794 --> 00:18:26,373
every inch of the way,
how wrong I think it is,
424
00:18:26,397 --> 00:18:28,465
because maybe I'll change your mind.
425
00:18:30,535 --> 00:18:33,380
But if I can't change your mind,
426
00:18:33,763 --> 00:18:36,784
you got to know there's no way
427
00:18:36,808 --> 00:18:39,309
I'd let you go through this alone.
428
00:18:40,645 --> 00:18:43,757
There's no way I would let you
go through any of this
429
00:18:43,781 --> 00:18:47,150
without being right there by your side.
430
00:18:54,606 --> 00:18:56,804
I promise you I do not know
431
00:18:56,828 --> 00:18:59,973
how that fire extinguisher got
off the boat and into the water,
432
00:18:59,997 --> 00:19:01,942
much less with the blood and the...
433
00:19:03,634 --> 00:19:05,412
...whatever else you said was on it.
434
00:19:05,436 --> 00:19:06,613
They're telling us
435
00:19:06,637 --> 00:19:08,482
that Peter's blood was all over it.
436
00:19:08,506 --> 00:19:09,883
And your fingerprints.
437
00:19:09,907 --> 00:19:12,319
Of course my fingerprints
were all over it.
438
00:19:12,343 --> 00:19:15,155
It belonged to me. It-it was on my boat.
439
00:19:15,179 --> 00:19:17,829
That well may be,
440
00:19:17,853 --> 00:19:20,694
but we can't be sure a jury
is gonna see it that way.
441
00:19:20,718 --> 00:19:23,297
The fire extinguisher is proof
442
00:19:23,321 --> 00:19:25,532
that Peter's death was no accident.
443
00:19:25,556 --> 00:19:27,601
I had no reason to kill him.
444
00:19:27,625 --> 00:19:29,403
But you told us your husband
445
00:19:29,427 --> 00:19:30,904
was having an affair.
446
00:19:30,928 --> 00:19:32,940
But that's not a reason to kill someone.
447
00:19:32,964 --> 00:19:34,608
That's a reason to divorce someone.
448
00:19:34,632 --> 00:19:37,511
Mrs. Thomas, we know that if your husband
449
00:19:37,535 --> 00:19:39,813
had cheated, you would
be entitled to a divorce
450
00:19:39,837 --> 00:19:42,216
without any obligation to pay anything.
451
00:19:42,240 --> 00:19:44,218
No alimony, no asset sharing.
452
00:19:44,242 --> 00:19:45,686
Everything reverts back to you.
453
00:19:45,710 --> 00:19:47,221
Exactly.
454
00:19:47,245 --> 00:19:48,856
The problem is our investigators
455
00:19:48,880 --> 00:19:52,159
can find absolutely no
evidence of any affair.
456
00:19:52,183 --> 00:19:53,494
Nothing.
457
00:19:53,518 --> 00:19:56,697
Not a single text message,
not a single phone call,
458
00:19:56,721 --> 00:19:58,232
not a single credit card charge.
459
00:19:58,256 --> 00:20:00,834
There's just no concrete proof.
460
00:20:00,858 --> 00:20:03,670
And unfortunately, that
does give you motive.
461
00:20:04,228 --> 00:20:07,074
Gentlemen... and lady,
462
00:20:07,098 --> 00:20:10,844
I am worth just shy of a billion dollars.
463
00:20:11,402 --> 00:20:14,515
Are you suggesting that instead
of simply divorcing my husband
464
00:20:14,539 --> 00:20:16,817
and living off a mere half a billion,
465
00:20:17,450 --> 00:20:19,109
I would choose to kill him?
466
00:20:20,494 --> 00:20:21,688
Really? Does...
467
00:20:21,712 --> 00:20:24,224
does that make sense to anyone?
468
00:20:26,417 --> 00:20:28,729
The People would like to call
Helen Potter.
469
00:20:30,288 --> 00:20:31,922
Who's Helen Potter?
470
00:20:32,290 --> 00:20:34,268
Helen Potter... she's your neighbor.
471
00:20:36,394 --> 00:20:37,704
How do you know the Thomases,
472
00:20:37,728 --> 00:20:39,206
Ms. Potter?
473
00:20:39,230 --> 00:20:41,241
We live about three houses apart.
474
00:20:41,891 --> 00:20:43,477
Uh, I'm a full-timer.
475
00:20:43,501 --> 00:20:45,245
It means I live there all the time. Uh,
476
00:20:45,269 --> 00:20:47,614
they're up weekends and holidays.
477
00:20:48,105 --> 00:20:49,650
I guess you could say we're neighbors.
478
00:20:49,674 --> 00:20:51,618
And your home, like their home,
479
00:20:51,642 --> 00:20:53,587
sits on the lake
and looks out on the water,
480
00:20:53,611 --> 00:20:56,590
giving you a clear view
of their dock, their boat,
481
00:20:56,614 --> 00:20:59,059
- a good portion of the lake itself?
- Yes.
482
00:20:59,083 --> 00:21:01,395
What did you see on the date in question?
483
00:21:02,453 --> 00:21:04,164
I saw Rachel and Peter go out in the boat
484
00:21:04,188 --> 00:21:06,266
at around 11:00 in the morning.
485
00:21:06,290 --> 00:21:08,869
Uh, but that night,
when the boat returned,
486
00:21:08,893 --> 00:21:10,437
I only saw Rachel.
487
00:21:10,711 --> 00:21:13,440
And I-I didn't see Peter at all.
488
00:21:13,464 --> 00:21:15,842
And were you aware of any friction
489
00:21:15,866 --> 00:21:17,167
in your neighbor's marriage?
490
00:21:18,202 --> 00:21:20,128
I think everyone
491
00:21:20,152 --> 00:21:22,416
who lived in the neighborhood
was aware there was friction.
492
00:21:22,440 --> 00:21:24,474
Can you give the court an example?
493
00:21:25,676 --> 00:21:28,055
Well, this year they threw
a party for Labor Day.
494
00:21:28,079 --> 00:21:29,563
All the neighbors were there.
495
00:21:30,281 --> 00:21:32,192
And Rachel started a fight with Peter
496
00:21:32,216 --> 00:21:34,294
over the fact that he was
talking to other women.
497
00:21:34,318 --> 00:21:35,929
At one point talking to me.
498
00:21:36,529 --> 00:21:37,764
H-He tried to calm her.
499
00:21:37,788 --> 00:21:38,899
But he couldn't.
500
00:21:38,923 --> 00:21:40,100
She was yelling at him.
501
00:21:40,124 --> 00:21:41,291
Cursing at him.
502
00:21:42,326 --> 00:21:44,327
I was embarrassed for him.
503
00:21:48,874 --> 00:21:51,787
So other than the fact that your house
504
00:21:51,811 --> 00:21:54,081
is three houses away from her house,
505
00:21:54,105 --> 00:21:56,850
how well would you say
you know Mrs. Thomas?
506
00:21:57,133 --> 00:21:58,585
Excuse me?
507
00:21:58,609 --> 00:22:00,320
I-I'm not sure I understand the question.
508
00:22:00,845 --> 00:22:03,156
Well, I was listening to your testimony,
509
00:22:03,180 --> 00:22:06,126
and it sounded like you know
the Thomases quite well.
510
00:22:06,150 --> 00:22:07,527
So...
511
00:22:07,551 --> 00:22:10,854
how much time would you say
you've spent with the Thomases?
512
00:22:11,889 --> 00:22:13,433
Well, I mean...
513
00:22:13,774 --> 00:22:16,637
they have a Labor Day party every year.
514
00:22:16,661 --> 00:22:18,038
Ever been to dinner with them?
515
00:22:18,062 --> 00:22:19,473
No.
516
00:22:19,497 --> 00:22:22,676
So, clearly, you've been to
their house for their parties,
517
00:22:22,700 --> 00:22:25,178
has Mrs. Thomas ever been to yours?
518
00:22:25,744 --> 00:22:27,247
No.
519
00:22:27,271 --> 00:22:29,081
Ah. I see.
520
00:22:29,847 --> 00:22:31,414
And how about Mr. Thomas?
521
00:22:34,779 --> 00:22:36,549
Oh, that's okay. That's all right.
522
00:22:36,574 --> 00:22:39,214
Let me ask a different question.
Now, you mentioned
523
00:22:39,238 --> 00:22:40,894
that on the night in question,
524
00:22:40,918 --> 00:22:42,963
you only saw Mrs. Thomas
525
00:22:42,987 --> 00:22:44,731
leave the boat. Is that correct?
526
00:22:44,755 --> 00:22:47,901
Yes. Mr. Thomas was nowhere to be seen.
527
00:22:47,925 --> 00:22:51,766
But I'm sure you're aware
that Mrs. Thomas explained
528
00:22:51,790 --> 00:22:53,540
to the police,
to the best of her knowledge,
529
00:22:53,564 --> 00:22:56,677
that Mr. Thomas
was in the sleeping compartment.
530
00:22:56,701 --> 00:22:59,646
Okay. I'm just not sure I believe that.
531
00:23:00,181 --> 00:23:01,392
Really?
532
00:23:01,417 --> 00:23:02,683
Why not?
533
00:23:02,707 --> 00:23:04,685
Because every time
they went out on the boat,
534
00:23:04,709 --> 00:23:06,720
it was always Peter who docked it.
535
00:23:06,744 --> 00:23:08,689
Even if he ended up sleeping on the boat.
536
00:23:08,713 --> 00:23:10,123
He always tied it up.
537
00:23:10,147 --> 00:23:12,926
That was just... his thing.
538
00:23:12,950 --> 00:23:14,695
Really? Every single time?
539
00:23:15,386 --> 00:23:20,102
Ha! Wow. For someone who...
hadn't really spent
540
00:23:20,126 --> 00:23:22,769
a lot of time with them,
you certainly know a lot
541
00:23:22,793 --> 00:23:24,604
about the Thomases and their habits.
542
00:23:24,628 --> 00:23:25,906
- How is that?
- Objection.
543
00:23:25,930 --> 00:23:28,075
Counsel is badgering the witness.
544
00:23:28,099 --> 00:23:30,410
Ms. Potter is not the one on trial here.
545
00:23:30,434 --> 00:23:32,612
Your Honor,
I'm not trying to badger anyone.
546
00:23:32,636 --> 00:23:35,449
I'm just trying to understand
how Ms. Potter
547
00:23:35,473 --> 00:23:38,018
came to her conclusions
when she seems to have had
548
00:23:38,042 --> 00:23:40,477
very little contact with my client.
549
00:23:41,912 --> 00:23:45,485
Objection overruled.
Witness will answer the question.
550
00:23:45,509 --> 00:23:46,927
That-That's all right. That's all right.
551
00:23:46,951 --> 00:23:48,762
Let me come at this a different way.
552
00:23:48,786 --> 00:23:52,099
Ms. Potter, on any given night,
how often do you check
553
00:23:52,123 --> 00:23:54,491
whether the Thomases' boat
is at their dock?
554
00:23:55,526 --> 00:23:56,603
I mean, it...
555
00:23:56,627 --> 00:23:58,305
seems like you check quite a bit.
556
00:23:58,329 --> 00:24:01,174
Wh... It's not that I check.
557
00:24:01,198 --> 00:24:02,876
I-I can see it from my house.
558
00:24:02,900 --> 00:24:04,811
It's just something I notice.
559
00:24:04,835 --> 00:24:06,680
Mm. Well, forgive me,
560
00:24:06,704 --> 00:24:08,648
but isn't that a little curious,
561
00:24:08,672 --> 00:24:12,119
considering you live three houses down?
562
00:24:12,143 --> 00:24:14,321
I mean, could you see their dock
563
00:24:14,345 --> 00:24:16,163
from every vantage point of your home?
564
00:24:16,763 --> 00:24:19,582
No. Not every vantage point.
565
00:24:20,951 --> 00:24:23,263
But-But I can see it very
clearly from my upper deck.
566
00:24:23,287 --> 00:24:25,132
So how does that work? Do you just
567
00:24:26,090 --> 00:24:27,901
sit in your upper deck all day,
568
00:24:27,925 --> 00:24:30,960
watching whether Peter or Rachel
569
00:24:30,991 --> 00:24:32,305
dock the boat that evening?
570
00:24:32,997 --> 00:24:34,875
I mean, that is a little
peculiar, wouldn't you say?
571
00:24:34,899 --> 00:24:36,343
Objection.
572
00:24:36,367 --> 00:24:39,146
Uh, Your Honor,
counsel is badgering once again.
573
00:24:39,170 --> 00:24:40,547
Sustained.
574
00:24:40,571 --> 00:24:42,282
Tread lightly, Mr. Colón.
575
00:24:42,881 --> 00:24:44,818
Ms. Potter, you testified
576
00:24:44,842 --> 00:24:46,489
that Mrs. Thomas
577
00:24:46,513 --> 00:24:47,921
had never been to your house.
578
00:24:47,945 --> 00:24:49,389
How about Mr. Thomas?
579
00:24:49,413 --> 00:24:52,115
And let me remind you
you are still under oath.
580
00:24:54,552 --> 00:24:57,497
He... may have.
581
00:24:57,521 --> 00:24:59,066
May have?
582
00:25:01,003 --> 00:25:02,502
I'm sorry.
583
00:25:02,526 --> 00:25:04,394
I need a yes or a no.
584
00:25:05,996 --> 00:25:07,174
Yes.
585
00:25:08,604 --> 00:25:10,644
Well...
586
00:25:10,668 --> 00:25:13,570
that changes things a bit, doesn't it?
587
00:25:14,672 --> 00:25:15,982
Could you please tell the court
588
00:25:16,006 --> 00:25:17,818
what Mr. Thomas was doing at your house?
589
00:25:17,842 --> 00:25:19,786
I don't know what you're suggesting,
590
00:25:19,810 --> 00:25:21,855
but Peter and I were just neighbors.
591
00:25:21,879 --> 00:25:25,125
I wasn't suggesting anything, Ms. Potter.
592
00:25:25,149 --> 00:25:26,560
But given where your mind went,
593
00:25:26,584 --> 00:25:28,028
it tells me everything I need to know.
594
00:25:28,052 --> 00:25:29,162
Objection. Argumentative.
595
00:25:29,186 --> 00:25:31,565
- Sustained.
- I apologize,
596
00:25:31,589 --> 00:25:33,033
Your Honor.
597
00:25:33,057 --> 00:25:35,669
But if it pleases the court,
I just have one more question.
598
00:25:36,268 --> 00:25:37,938
So, clearly...
599
00:25:37,962 --> 00:25:39,773
you made it your business
600
00:25:39,797 --> 00:25:43,710
to keep an eye
on Peter's comings and goings.
601
00:25:43,734 --> 00:25:44,911
So did you, by any chance,
602
00:25:44,935 --> 00:25:48,315
go down to the Thomases' boat
603
00:25:48,339 --> 00:25:50,217
to check on your neighbor
604
00:25:50,241 --> 00:25:52,118
when you saw that Rachel docked it
605
00:25:52,142 --> 00:25:54,221
and went up to her house that night?
606
00:25:54,620 --> 00:25:56,356
Perhaps get into a fight with him
607
00:25:56,380 --> 00:25:58,458
over his refusal to leave his wife?
608
00:25:58,482 --> 00:25:59,392
No!
609
00:25:59,416 --> 00:26:00,961
Objection. No foundation.
610
00:26:00,985 --> 00:26:03,129
Sustained. Mr. Colón.
611
00:26:03,153 --> 00:26:05,065
My apologies, Your Honor.
612
00:26:05,089 --> 00:26:07,133
I have no further questions.
613
00:26:12,997 --> 00:26:15,108
And what brings you to Nassau County?
614
00:26:15,132 --> 00:26:17,023
The train.
615
00:26:17,047 --> 00:26:19,913
I just felt funny
e-mailing or texting you this.
616
00:26:20,604 --> 00:26:21,868
What am I looking at here?
617
00:26:21,899 --> 00:26:23,095
It's a death certificate.
618
00:26:23,119 --> 00:26:25,526
A veterinary death certificate.
619
00:26:26,110 --> 00:26:27,921
Remember how Rachel told
you she hurt her wrist
620
00:26:27,945 --> 00:26:29,988
while she was walking her dog?
621
00:26:30,347 --> 00:26:32,692
Rachel's dog was put
down about a year ago.
622
00:26:32,716 --> 00:26:35,061
And, according to the vet,
she never got a new one.
623
00:26:35,085 --> 00:26:36,386
She lied.
624
00:26:41,056 --> 00:26:43,468
You ever wonder about our client?
625
00:26:43,794 --> 00:26:47,172
The way she has such
a tenuous grasp on her memory?
626
00:26:47,631 --> 00:26:49,613
The way she can't remember what happened
627
00:26:49,637 --> 00:26:51,776
after her fight with Peter on the boat?
628
00:26:52,552 --> 00:26:53,912
Mm.
629
00:26:54,192 --> 00:26:56,336
It's like I said from
the very beginning...
630
00:26:56,765 --> 00:26:59,606
seems like a very convenient lapse.
631
00:26:59,630 --> 00:27:01,175
Yeah.
632
00:27:01,603 --> 00:27:03,077
But it's not isolated.
633
00:27:03,101 --> 00:27:06,447
Today, she did not recognize
her neighbor at first.
634
00:27:06,471 --> 00:27:08,248
Had no idea who she was.
635
00:27:09,111 --> 00:27:10,984
And now Danny tells me her dog,
636
00:27:11,008 --> 00:27:12,686
the one who yanked her to the ground...
637
00:27:12,710 --> 00:27:15,522
it's how she hurt her wrist...
638
00:27:15,546 --> 00:27:17,247
dog's been dead for a year.
639
00:27:18,282 --> 00:27:21,151
- That's weird.
- Mm.
640
00:27:23,254 --> 00:27:24,898
Dr. Bull.
641
00:27:24,922 --> 00:27:26,400
Mrs. Thomas.
642
00:27:26,424 --> 00:27:27,901
Anything new on my neighbor?
643
00:27:27,925 --> 00:27:30,671
Her prints show up on the
fire extinguisher, perhaps?
644
00:27:31,008 --> 00:27:32,506
They did not.
645
00:27:32,530 --> 00:27:35,242
Your neighbor actually has
a rock-solid alibi.
646
00:27:35,679 --> 00:27:38,855
And she voluntarily turned over
her home security DVR
647
00:27:38,879 --> 00:27:41,081
and it clearly shows
that she was home all day
648
00:27:41,105 --> 00:27:43,650
and all night while you and
your husband were on the boat,
649
00:27:43,674 --> 00:27:46,815
but that's not what I wanted
to discuss with you.
650
00:27:49,443 --> 00:27:52,616
Do you know what
early-onset Alzheimer's is?
651
00:28:02,026 --> 00:28:04,494
Anyone out there in the hall
right behind me?
652
00:28:06,793 --> 00:28:08,041
No.
653
00:28:08,065 --> 00:28:09,743
This room is soundproof,
but I wouldn't want anyone
654
00:28:09,767 --> 00:28:11,311
to read my lips.
655
00:28:12,132 --> 00:28:14,815
Yes. I'm familiar.
656
00:28:15,802 --> 00:28:17,417
It's a kind of dementia.
657
00:28:17,441 --> 00:28:20,120
50 million people have it.
658
00:28:20,891 --> 00:28:23,423
When I flew to Britain
two and a half years ago
659
00:28:23,447 --> 00:28:24,691
to be tested under a pseudonym,
660
00:28:24,715 --> 00:28:26,939
they said mine was mild.
661
00:28:27,518 --> 00:28:30,764
Mild, moderate, severe...
those are the stages.
662
00:28:31,193 --> 00:28:33,610
I was told mine would surely move
663
00:28:33,634 --> 00:28:34,935
to moderate at some point,
664
00:28:34,959 --> 00:28:36,993
but it was impossible to say when.
665
00:28:38,029 --> 00:28:39,773
I'm so sorry.
666
00:28:40,327 --> 00:28:43,038
You understand
that if my board of directors
667
00:28:43,062 --> 00:28:44,611
know about my diagnosis,
668
00:28:44,635 --> 00:28:47,414
I will be fired from my own company.
669
00:28:47,876 --> 00:28:49,349
You've known all along.
670
00:28:49,373 --> 00:28:52,442
That's why you write things down
in those notebooks.
671
00:28:53,904 --> 00:28:55,972
You want to make sure
nothing gets away from you.
672
00:28:59,016 --> 00:29:01,328
You get used to being
the sharpest mind in the room,
673
00:29:01,352 --> 00:29:03,764
and when that mind no longer cooperates,
674
00:29:03,788 --> 00:29:05,455
you develop tricks.
675
00:29:06,757 --> 00:29:10,003
Well... for quite a while
you had me fooled,
676
00:29:10,620 --> 00:29:12,822
and I'm a trained psychologist.
677
00:29:13,497 --> 00:29:17,044
I know you mean that as
some sort of compliment, but...
678
00:29:17,068 --> 00:29:20,566
I've lived my whole life
working, building,
679
00:29:20,590 --> 00:29:22,115
trying to create a legacy,
680
00:29:22,139 --> 00:29:24,851
trying to be someone
people will remember.
681
00:29:25,747 --> 00:29:27,020
Then you wake up one day to discover
682
00:29:27,044 --> 00:29:29,479
you won't even remember yourself.
683
00:29:32,817 --> 00:29:36,029
I don't have close friends,
never had kids.
684
00:29:36,053 --> 00:29:37,764
Barely know my nieces and nephews.
685
00:29:37,788 --> 00:29:39,132
I'm always working.
686
00:29:39,156 --> 00:29:40,934
My husband, the one person
687
00:29:40,958 --> 00:29:44,137
I had any true connection to is...
688
00:29:44,683 --> 00:29:46,506
One of the hallmarks of this disease
689
00:29:46,530 --> 00:29:48,976
is that people become aggressive.
690
00:29:49,000 --> 00:29:50,277
They have episodes of violence
691
00:29:50,301 --> 00:29:53,436
that are totally out of character.
692
00:29:54,839 --> 00:29:57,484
Are you suggesting
I might have killed Peter?
693
00:29:57,508 --> 00:29:59,519
I think it's certainly a possibility.
694
00:30:00,532 --> 00:30:03,090
And knowing what I know now,
695
00:30:03,114 --> 00:30:05,193
I'm considering making your disease
696
00:30:05,217 --> 00:30:07,127
a cornerstone of our defense.
697
00:30:07,623 --> 00:30:09,096
You should change your plea
698
00:30:09,120 --> 00:30:11,988
to not guilty by reason of insanity.
699
00:30:13,691 --> 00:30:15,602
You have an opinion about that?
700
00:30:16,256 --> 00:30:17,471
Would you and your company
701
00:30:17,495 --> 00:30:19,390
like to continue on as my legal team?
702
00:30:19,907 --> 00:30:20,907
Very much.
703
00:30:20,931 --> 00:30:22,776
Then you would do well to forget
everything you said here
704
00:30:22,800 --> 00:30:26,369
this morning, most especially
that last suggestion.
705
00:30:28,024 --> 00:30:29,853
Do we understand each other?
706
00:30:31,188 --> 00:30:32,342
Perfectly.
707
00:30:33,377 --> 00:30:35,292
I'll see you in court tomorrow.
708
00:30:35,813 --> 00:30:37,814
See you in court.
709
00:30:40,549 --> 00:30:42,682
We have the now-famous fire extinguisher.
710
00:30:42,706 --> 00:30:46,820
With blood, bits of skull
and brain matter.
711
00:30:46,845 --> 00:30:48,706
Does anyone know when
lunch is getting here?
712
00:30:48,731 --> 00:30:49,674
Taylor.
713
00:30:49,698 --> 00:30:51,134
You know we were all thinking it.
714
00:30:51,158 --> 00:30:52,964
Shattered wine glass.
715
00:30:52,988 --> 00:30:55,189
One unshattered wine glass.
716
00:30:55,213 --> 00:30:57,866
Two empty bottles of wine.
717
00:30:57,890 --> 00:30:59,801
One empty bottle of scotch.
718
00:30:59,825 --> 00:31:01,859
And last but not least...
719
00:31:03,262 --> 00:31:05,807
...a plastic bag inside a plastic bag.
720
00:31:05,831 --> 00:31:07,409
Looks like one of those bags you get
721
00:31:07,433 --> 00:31:08,810
from the fruit and vegetable aisle.
722
00:31:08,834 --> 00:31:10,369
That doesn't make any sense. It has, uh,
723
00:31:10,393 --> 00:31:12,855
traces of lime, lipstick,
724
00:31:12,879 --> 00:31:15,850
an eyelash... and sputum.
725
00:31:15,874 --> 00:31:17,317
Really?
726
00:31:18,417 --> 00:31:20,095
Whose sputum?
727
00:31:20,120 --> 00:31:22,121
According to this, Rachel's sputum.
728
00:31:26,438 --> 00:31:29,417
You wanted to see me
before court this morning.
729
00:31:29,755 --> 00:31:31,248
Yeah.
730
00:31:31,657 --> 00:31:34,836
I think we have a good shot
at accomplishing our goals here.
731
00:31:34,860 --> 00:31:36,461
Excellent.
732
00:31:37,162 --> 00:31:40,257
When this is over... when we prevail...
733
00:31:40,766 --> 00:31:42,562
I need you to promise me
734
00:31:42,586 --> 00:31:44,052
you will resign.
735
00:31:44,670 --> 00:31:46,952
You're entitled to your privacy,
736
00:31:46,976 --> 00:31:48,750
but people pay you for your judgment.
737
00:31:48,774 --> 00:31:50,395
And to the extent that's compromised...
738
00:31:50,419 --> 00:31:51,829
And if I say no?
739
00:31:51,853 --> 00:31:53,865
Then I'll withdraw from the case.
740
00:31:53,889 --> 00:31:56,156
Benny can't. Judge won't allow it.
741
00:31:56,180 --> 00:31:59,361
But I'm the one calling the shots.
742
00:31:59,385 --> 00:32:01,262
And without me, I'd say
743
00:32:01,286 --> 00:32:04,422
you're looking at no less
than 20 years in prison.
744
00:32:06,965 --> 00:32:09,043
You're a wealthy woman, Rachel.
745
00:32:09,745 --> 00:32:11,906
For God's sake,
746
00:32:11,930 --> 00:32:13,541
own your destiny.
747
00:32:13,565 --> 00:32:15,377
Don't let it own you.
748
00:32:15,625 --> 00:32:18,446
Resign with dignity.
749
00:32:18,470 --> 00:32:19,664
If you don't,
750
00:32:19,688 --> 00:32:20,756
if...
751
00:32:21,979 --> 00:32:25,192
you manage to get away with no jail time,
752
00:32:25,217 --> 00:32:27,362
the truth about your condition
will leak out.
753
00:32:27,387 --> 00:32:29,521
It always does. And you'll be fired.
754
00:32:29,546 --> 00:32:30,824
And sued.
755
00:32:30,849 --> 00:32:33,394
And everything you have spent
all this time building
756
00:32:33,419 --> 00:32:35,597
will have been for naught.
757
00:32:35,853 --> 00:32:37,397
Dr. Miller,
758
00:32:37,422 --> 00:32:40,735
if you could please explain to
the jury exactly who you are
759
00:32:40,760 --> 00:32:42,705
and what it is you do.
760
00:32:42,730 --> 00:32:44,963
I am a doctor of forensic science.
761
00:32:44,988 --> 00:32:48,601
I worked for the Nassau County
Police Department for 25 years.
762
00:32:48,967 --> 00:32:51,224
I led their forensic unit
763
00:32:51,249 --> 00:32:53,260
for 15 of those.
764
00:32:53,505 --> 00:32:55,583
Then I retired
765
00:32:55,607 --> 00:32:57,511
and opened up my own private shop
766
00:32:57,536 --> 00:32:58,947
about five years ago,
767
00:32:59,311 --> 00:33:02,290
and I haven't had a day off since.
768
00:33:02,314 --> 00:33:05,150
Now, when you say you opened up
your own private shop,
769
00:33:05,175 --> 00:33:07,918
can you please explain
the nature of your work.
770
00:33:07,950 --> 00:33:09,993
The short version is I analyze
771
00:33:10,018 --> 00:33:13,197
all the elements of a given crime scene
772
00:33:13,222 --> 00:33:15,300
in an attempt to create
773
00:33:15,325 --> 00:33:18,137
a likely picture
of what actually happened.
774
00:33:18,162 --> 00:33:19,573
The order of events.
775
00:33:19,598 --> 00:33:21,743
Why it happened.
776
00:33:21,807 --> 00:33:23,652
I like to think of myself
777
00:33:23,677 --> 00:33:25,924
as a criminal puzzle solver.
778
00:33:25,949 --> 00:33:27,491
Ah. Excellent.
779
00:33:27,516 --> 00:33:28,927
And did you have occasion
780
00:33:28,952 --> 00:33:31,463
to review the evidence in our case?
781
00:33:31,488 --> 00:33:32,966
Just came from the evidence locker.
782
00:33:32,991 --> 00:33:34,869
I believe I've seen all of it.
783
00:33:34,894 --> 00:33:38,373
Now, this plastic bag
784
00:33:38,398 --> 00:33:41,044
that you and the jury are
seeing on the monitor...
785
00:33:41,069 --> 00:33:42,844
that was recovered from the crime scene,
786
00:33:42,869 --> 00:33:44,397
- was it not?
- Yes, sir.
787
00:33:44,422 --> 00:33:46,733
Recovered, tagged
and entered into evidence.
788
00:33:47,165 --> 00:33:50,529
And you believe this plastic bag
is of enormous significance,
789
00:33:50,554 --> 00:33:51,947
- don't you?
- I do.
790
00:33:52,124 --> 00:33:54,112
It was recovered from the boat
791
00:33:54,137 --> 00:33:55,648
on the port side
792
00:33:55,673 --> 00:33:59,119
near where the prosecution
believes that the struggle
793
00:33:59,143 --> 00:34:02,589
between the defendant
and Peter Thomas took place.
794
00:34:02,613 --> 00:34:05,325
And why are we just hearing
about this bag now?
795
00:34:05,349 --> 00:34:07,861
Well, I can't answer that. But it appears
796
00:34:07,885 --> 00:34:11,531
that even though the bag
was submitted for lab testing,
797
00:34:11,555 --> 00:34:14,467
nobody drilled down on the results
798
00:34:14,491 --> 00:34:17,804
because a plastic produce bag
799
00:34:17,828 --> 00:34:20,640
didn't figure into the narrative
that police had come up with.
800
00:34:20,664 --> 00:34:21,875
But you
801
00:34:21,899 --> 00:34:23,944
have drilled down on the lab results.
802
00:34:23,968 --> 00:34:25,545
And what did they reveal?
803
00:34:25,964 --> 00:34:28,181
They reveal that the bag contained,
804
00:34:28,205 --> 00:34:30,216
in addition to lime remnants,
805
00:34:30,240 --> 00:34:32,319
smeared traces of lipstick,
806
00:34:32,343 --> 00:34:34,521
sunscreen, an eyelash
807
00:34:34,545 --> 00:34:36,623
and a significant amount of sputum.
808
00:34:36,647 --> 00:34:37,891
I see.
809
00:34:37,915 --> 00:34:40,627
And can you please explain to the jury
810
00:34:40,651 --> 00:34:42,125
what sputum is,
811
00:34:42,149 --> 00:34:43,718
in layman's terms.
812
00:34:43,742 --> 00:34:46,866
It's a combination of mucus,
saliva and blood
813
00:34:46,890 --> 00:34:50,003
usually coughed up
from the lower airways.
814
00:34:50,027 --> 00:34:51,350
And did you conduct
815
00:34:51,374 --> 00:34:55,065
a DNA comparison to determine
the origin of the sputum?
816
00:34:55,089 --> 00:34:57,763
I didn't have to.
The police did, and it belonged
817
00:34:57,787 --> 00:35:00,337
to the defendant, Rachel Thomas.
818
00:35:00,361 --> 00:35:03,049
And based on your
knowledge and experience,
819
00:35:03,073 --> 00:35:06,886
how do you explain the presence
of her sputum in the bag?
820
00:35:06,910 --> 00:35:08,109
Well,
821
00:35:08,133 --> 00:35:11,391
it seems to be the by-product
of a physical struggle
822
00:35:11,415 --> 00:35:13,226
of the kind that might arise
823
00:35:13,250 --> 00:35:15,328
if someone had placed the bag
824
00:35:15,352 --> 00:35:17,364
over Mrs. Thomas' head
825
00:35:17,388 --> 00:35:19,837
in an attempt to suffocate her.
826
00:35:19,861 --> 00:35:21,401
Quiet, please.
827
00:35:21,425 --> 00:35:22,958
Don't force me to clear the courtroom.
828
00:35:22,982 --> 00:35:24,481
He tried to kill me?
829
00:35:24,962 --> 00:35:26,441
I believe so.
830
00:35:29,386 --> 00:35:31,120
Your witness.
831
00:35:36,874 --> 00:35:38,244
Dr. Miller,
832
00:35:38,809 --> 00:35:41,588
everything you just described...
833
00:35:41,612 --> 00:35:43,923
it's really just a guess, isn't it?
834
00:35:43,947 --> 00:35:47,727
I mean, you have no way
of knowing that's what happened.
835
00:35:47,751 --> 00:35:49,863
Knowing? Well, of course not.
836
00:35:49,887 --> 00:35:51,831
There were no eyewitnesses,
837
00:35:51,855 --> 00:35:54,701
and the defendant
doesn't remember what happened.
838
00:35:54,725 --> 00:35:56,426
A yes or no, please.
839
00:35:57,561 --> 00:35:59,939
Yes, I have no way of knowing.
840
00:36:00,130 --> 00:36:03,943
All I can do is apply
everything I've learned,
841
00:36:03,967 --> 00:36:06,012
everything I know, and combine that
842
00:36:06,036 --> 00:36:09,015
with the irrefutable facts
in front of me,
843
00:36:09,039 --> 00:36:12,619
just like I've been doing
for the past three decades.
844
00:36:12,643 --> 00:36:14,489
Just like I've done for you
845
00:36:14,513 --> 00:36:18,212
over the past... what is it...
seven or eight cases
846
00:36:18,236 --> 00:36:20,427
over the last few years.
847
00:36:20,870 --> 00:36:22,652
No further questions, Your Honor.
848
00:36:23,667 --> 00:36:26,245
We just got our first two greens.
849
00:36:26,523 --> 00:36:28,935
Dr. Allendale, we asked you
850
00:36:28,959 --> 00:36:31,638
to examine Rachel's mugshots,
851
00:36:31,662 --> 00:36:32,939
which were taken
852
00:36:32,963 --> 00:36:35,842
the morning Peter was discovered missing.
853
00:36:35,866 --> 00:36:37,477
As a medical expert,
854
00:36:37,501 --> 00:36:39,846
what do you see when you look at these?
855
00:36:39,870 --> 00:36:41,548
Well, the first thing
that jumps out at you
856
00:36:41,572 --> 00:36:44,651
is Mrs. Thomas' red, puffy eyes.
857
00:36:44,675 --> 00:36:46,019
Are those from crying?
858
00:36:46,043 --> 00:36:48,455
No, because in addition, you also have
859
00:36:48,479 --> 00:36:51,891
broken capillaries beneath each eye.
860
00:36:51,915 --> 00:36:55,028
That combination is consistent
861
00:36:55,052 --> 00:36:57,597
with someone
who's had their airway blocked.
862
00:36:57,621 --> 00:36:58,932
Hmm.
863
00:36:58,956 --> 00:37:00,533
Sort of thing that might happen
864
00:37:00,557 --> 00:37:02,869
if someone puts a plastic bag
over your head?
865
00:37:02,893 --> 00:37:03,993
Precisely.
866
00:37:04,525 --> 00:37:06,339
We just got our third green.
867
00:37:06,363 --> 00:37:08,067
- Do tell.
- You also studied
868
00:37:08,091 --> 00:37:10,710
the X-rays of my client's wrist.
869
00:37:10,734 --> 00:37:12,145
What did you conclude from those?
870
00:37:12,169 --> 00:37:15,448
Mrs. Thomas had a sprain
871
00:37:15,472 --> 00:37:19,219
to the ulnar aspect of her forearm,
872
00:37:19,243 --> 00:37:21,488
which is almost always indicative
873
00:37:21,512 --> 00:37:25,291
of someone attempting to block a blow.
874
00:37:25,315 --> 00:37:27,694
It's actually one of the hallmarks
875
00:37:27,718 --> 00:37:30,063
of a defensive injury.
876
00:37:30,087 --> 00:37:31,387
A defensive injury.
877
00:37:32,523 --> 00:37:33,838
I see.
878
00:37:33,862 --> 00:37:36,736
Now, let's talk about
the victim's injuries.
879
00:37:36,760 --> 00:37:39,506
Peter's lacerations to the skull.
880
00:37:39,530 --> 00:37:42,175
Now, what we're looking at here
are the injuries
881
00:37:42,199 --> 00:37:45,345
believed to have been caused
by the fire extinguisher.
882
00:37:45,369 --> 00:37:46,916
What can you tell us about these?
883
00:37:46,940 --> 00:37:50,950
Again, to my eye,
these are defensive injuries
884
00:37:50,974 --> 00:37:53,853
based on the angle and the speed.
885
00:37:53,877 --> 00:37:55,730
My guess is
886
00:37:55,754 --> 00:37:56,914
that they were delivered by someone
887
00:37:56,938 --> 00:37:59,565
who was being restrained in some way.
888
00:37:59,589 --> 00:38:02,328
Say, someone with a plastic bag
over their head?
889
00:38:02,352 --> 00:38:03,900
It's certainly possible.
890
00:38:03,924 --> 00:38:05,010
Objection.
891
00:38:05,034 --> 00:38:06,799
Defense attorney is speculating,
892
00:38:06,823 --> 00:38:09,047
and his expert witness is swearing to it.
893
00:38:09,071 --> 00:38:10,737
Objection sustained.
894
00:38:10,761 --> 00:38:12,071
Mr. Colón,
895
00:38:12,095 --> 00:38:15,041
I need you to bring this
to some sort of conclusion.
896
00:38:15,065 --> 00:38:17,959
Some sort of conclusion
that isn't speculative.
897
00:38:17,983 --> 00:38:19,212
Of course, Your Honor.
898
00:38:19,236 --> 00:38:21,247
Absolutely, Your Honor.
899
00:38:21,271 --> 00:38:24,551
Now, you keep mentioning...
900
00:38:24,575 --> 00:38:26,200
defensive wounds,
901
00:38:26,224 --> 00:38:29,088
- defensive injuries.
- It all makes a lot more sense
902
00:38:29,112 --> 00:38:31,758
if we think of the accused as the victim
903
00:38:31,782 --> 00:38:34,761
and her dead husband as the attacker.
904
00:38:35,982 --> 00:38:37,050
I see.
905
00:38:38,755 --> 00:38:40,005
So...
906
00:38:40,591 --> 00:38:43,036
my client as the victim
907
00:38:43,060 --> 00:38:45,640
and the deceased as the attacker.
908
00:38:46,230 --> 00:38:47,373
Got it.
909
00:38:48,038 --> 00:38:50,076
Thank you, Dr. Allendale.
910
00:38:50,100 --> 00:38:51,511
No further questions, Your Honor.
911
00:38:51,535 --> 00:38:53,169
The defense rests.
912
00:38:54,171 --> 00:38:56,572
I am staring at seven green.
913
00:38:58,408 --> 00:39:00,687
Ladies and gentlemen of the jury,
914
00:39:00,711 --> 00:39:03,646
"beyond a reasonable doubt."
915
00:39:04,815 --> 00:39:07,360
That's what the prosecution told you
916
00:39:07,384 --> 00:39:09,162
when we began this trial,
917
00:39:09,186 --> 00:39:11,798
that they would prove
beyond reasonable doubt
918
00:39:11,822 --> 00:39:14,490
that my client was guilty
of second-degree murder.
919
00:39:15,626 --> 00:39:16,751
Well...
920
00:39:16,775 --> 00:39:20,273
how's this for reasonable doubt?
921
00:39:20,297 --> 00:39:24,043
Their victim tried to kill my client.
922
00:39:24,067 --> 00:39:25,278
Why?
923
00:39:25,302 --> 00:39:27,080
'Cause she loved him.
924
00:39:27,432 --> 00:39:29,392
She didn't want the marriage to end.
925
00:39:29,772 --> 00:39:31,517
Even though he was seeing somebody else,
926
00:39:31,542 --> 00:39:33,820
even though
she could have ended the union
927
00:39:33,845 --> 00:39:35,779
without it costing her a dime.
928
00:39:36,880 --> 00:39:38,276
She loved him.
929
00:39:38,815 --> 00:39:40,593
And she didn't want to live without him.
930
00:39:41,070 --> 00:39:43,488
Now, I'm guessing
that when he finally broke down
931
00:39:43,512 --> 00:39:45,283
and told her it was over,
932
00:39:45,656 --> 00:39:47,667
she told him that if
933
00:39:47,691 --> 00:39:51,127
he forced her hand,
he'd leave with nothing.
934
00:39:52,796 --> 00:39:55,919
And that's when he decided
his only option was to kill her.
935
00:39:56,993 --> 00:39:59,865
Say she drank too much and fell overboard
936
00:39:59,890 --> 00:40:03,366
and live happily ever after
with her fortune.
937
00:40:04,941 --> 00:40:06,352
Well, ladies and gentlemen of the jury,
938
00:40:06,376 --> 00:40:09,389
you cannot convict somebody
for loving their mate too much.
939
00:40:09,413 --> 00:40:12,325
You cannot convict somebody
for defending themselves
940
00:40:12,349 --> 00:40:13,604
after they've been attacked.
941
00:40:13,628 --> 00:40:15,995
And you cannot convict somebody
942
00:40:16,019 --> 00:40:18,487
for not remembering any of it.
943
00:40:20,156 --> 00:40:23,158
None of these things are a crime.
944
00:40:25,162 --> 00:40:26,973
Thank you for your patience.
945
00:40:26,997 --> 00:40:29,375
We are relying on your good judgment.
946
00:40:29,827 --> 00:40:31,067
Thank you very much.
947
00:40:33,103 --> 00:40:34,535
Ladies and gentlemen of the jury,
948
00:40:34,559 --> 00:40:36,305
that concludes the testimony.
949
00:40:36,329 --> 00:40:38,751
- The court officer will escort you
- We have nine greens, Bull.
950
00:40:38,775 --> 00:40:40,486
- To the jury room, where you will begin
- Nine greens.
951
00:40:40,510 --> 00:40:41,811
Your deliberations.
952
00:40:45,074 --> 00:40:46,759
Rachel,
953
00:40:46,783 --> 00:40:50,096
I have been doing this a very long time.
954
00:40:50,120 --> 00:40:53,666
And while I've made it policy
not to speculate about verdicts
955
00:40:53,690 --> 00:40:55,935
before juries actually announce them,
956
00:40:56,396 --> 00:40:58,604
I would be stunned
957
00:40:58,628 --> 00:41:01,197
if you weren't found not guilty.
958
00:41:07,204 --> 00:41:10,717
That's wonderful news, Dr. Bull.
959
00:41:10,741 --> 00:41:13,743
It's an incredible relief. Thank you.
960
00:41:15,312 --> 00:41:16,884
I...
961
00:41:16,908 --> 00:41:20,295
I can't wait to go home and tell Peter.
962
00:41:31,561 --> 00:41:33,740
Knock, knock, knock. _
963
00:41:33,764 --> 00:41:35,041
We don't want any.
964
00:41:35,065 --> 00:41:37,977
I think you might have missed this today.
965
00:41:38,001 --> 00:41:39,412
The business section.
966
00:41:39,436 --> 00:41:41,481
Big article about Rachel retiring,
967
00:41:41,505 --> 00:41:42,682
moving to London,
968
00:41:42,706 --> 00:41:45,585
donating a ton of money
to Alzheimer's research.
969
00:41:45,609 --> 00:41:48,988
- Hmm.
- I wonder wherever she got that idea.
970
00:41:49,012 --> 00:41:50,616
Who'd have thunk it?
971
00:41:51,114 --> 00:41:53,659
I like what she says
about owning your own destiny,
972
00:41:53,683 --> 00:41:55,428
not letting it own you.
973
00:41:55,452 --> 00:41:56,662
She said that?
974
00:41:56,686 --> 00:41:58,331
Mm. It's right there.
975
00:41:58,355 --> 00:42:00,733
Oh. You're right.
976
00:42:00,757 --> 00:42:02,502
That is brilliant.
977
00:42:02,526 --> 00:42:04,404
Wish I could
come up with stuff like that.
978
00:42:04,428 --> 00:42:05,972
Okay, don't make me listen to this.
979
00:42:05,996 --> 00:42:09,275
- You mind if I leave?
- Sure thing.
980
00:42:09,299 --> 00:42:12,378
Own your own destiny. See if I care.
70889
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