1 00:01:04,090 --> 00:01:10,850 - Synced and corrected by MementMori - -- www.addic7ed.com -- 2 00:01:14,900 --> 00:01:16,368 So you think I'll win? 3 00:01:19,250 --> 00:01:22,749 Be surprised if you didn't. This is your first murder, right? 4 00:01:23,083 --> 00:01:24,084 It's that obvious? 5 00:01:24,168 --> 00:01:26,503 No, no, you're doing great. It's really well, yeah. 6 00:01:27,780 --> 00:01:29,550 I really appreciate you taking the time here. 7 00:01:29,570 --> 00:01:34,344 Oh, come on, come on. Actually I, uh... took some notes. 8 00:01:35,330 --> 00:01:36,597 If you want. 9 00:01:36,610 --> 00:01:40,220 Yeah. Great. Sure. 10 00:01:40,240 --> 00:01:41,560 So, um... 11 00:01:42,770 --> 00:01:44,855 - All right, your opening argument... - Okay. 12 00:01:45,140 --> 00:01:47,191 You didn't look at him, the defendant. 13 00:01:47,850 --> 00:01:48,942 - I didn't? - No. 14 00:01:48,950 --> 00:01:50,780 And I'm not talking about a passing glance. 15 00:01:50,800 --> 00:01:52,678 You gotta show the jury that you can look at a defendant 16 00:01:52,680 --> 00:01:54,823 right in the eye and say, "Guilty." 17 00:01:54,907 --> 00:01:57,532 If you show them that you have the courage to do that, so will they. 18 00:01:57,534 --> 00:01:59,745 Okay. That's great. 19 00:02:01,288 --> 00:02:03,123 - What else? - Uh... 20 00:02:03,170 --> 00:02:05,188 I noticed you kinda stand far away from the jury box. 21 00:02:05,190 --> 00:02:06,880 You always wanna be closing that space. 22 00:02:06,900 --> 00:02:08,750 Makes the jurors feel like you're one of them. 23 00:02:08,770 --> 00:02:11,632 Oh. You, uh... you said the name of the defendant four times. 24 00:02:12,240 --> 00:02:13,342 I shouldn't do that? 25 00:02:13,360 --> 00:02:15,511 As far as you're concerned, he doesn't have a name. 26 00:02:15,520 --> 00:02:16,845 He's the defendant. 27 00:02:16,929 --> 00:02:19,221 His lawyer's gonna be doing everything he can to humanize him. 28 00:02:19,223 --> 00:02:20,599 Don't make the job any easier. 29 00:02:20,933 --> 00:02:21,934 Another round? 30 00:02:21,950 --> 00:02:25,070 - No, that's okay. - Yes. Absolutely. 31 00:02:25,750 --> 00:02:27,564 Come on. It's on me. 32 00:02:29,608 --> 00:02:31,360 You really think I'm gonna win, huh? 33 00:02:53,660 --> 00:02:55,759 Now, Jacob, I know I've told you this before... 34 00:03:51,920 --> 00:03:53,650 Court, all rise. 35 00:03:54,220 --> 00:03:56,069 Hear ye, hear ye, hear ye. 36 00:03:56,080 --> 00:03:59,290 All persons having anything to do before the Honorable Judge French, 37 00:03:59,323 --> 00:04:01,366 a Justice of the Superior Court, 38 00:04:01,450 --> 00:04:03,138 now sitting within and for the Commonwealth, 39 00:04:03,140 --> 00:04:05,954 draw near, give your attendance, and you shall be heard. 40 00:04:06,030 --> 00:04:07,820 God save the Commonwealth of Massachusetts 41 00:04:07,850 --> 00:04:09,050 and this most honorable court. 42 00:04:09,070 --> 00:04:11,043 This court's now open. Please be seated. 43 00:04:14,240 --> 00:04:19,593 Number 08-44-07, Commonwealth versus Jacob Owen Barber. 44 00:04:19,600 --> 00:04:21,803 A single count of murder in the first degree. 45 00:04:21,887 --> 00:04:23,639 For the defendant, Joanna Klein. 46 00:04:23,940 --> 00:04:27,430 For the Commonwealth, Assistant District Attorney Neal Logiudice. 47 00:04:28,300 --> 00:04:31,313 Any preliminary motions before we begin the voir dire? 48 00:04:31,320 --> 00:04:33,156 A couple of things, yes, Your Honor. 49 00:04:33,232 --> 00:04:35,943 First, the defendant's father, Andrew Barber, 50 00:04:36,020 --> 00:04:38,028 would like to enter an appearance in the case 51 00:04:38,029 --> 00:04:40,140 on the defendant's behalf. 52 00:04:40,170 --> 00:04:43,242 With the court's permission, he's going to second chair me at trial. 53 00:04:43,325 --> 00:04:45,327 Is this a wise decision, Ms. Klein? 54 00:04:45,600 --> 00:04:47,788 It is the family's wish, Your Honor. 55 00:04:49,831 --> 00:04:52,334 All right, Mr. Barber, you can come forward. What else? 56 00:04:52,417 --> 00:04:55,003 Your Honor, I have filed a motion in limine 57 00:04:55,087 --> 00:04:58,465 to exclude any mention of the defendant's grandfather William Barber, 58 00:04:58,549 --> 00:05:01,802 who is currently serving a life sentence for first-degree murder. 59 00:05:01,850 --> 00:05:04,860 We believe the Commonwealth may try to introduce this fact 60 00:05:04,880 --> 00:05:06,056 to prejudice the jury. 61 00:05:06,139 --> 00:05:07,891 Your Honor, the Commonwealth contends 62 00:05:07,975 --> 00:05:11,061 that the family's history of violence is of great relevance. 63 00:05:11,470 --> 00:05:13,981 Your Honor, my client has never once met the... 64 00:05:14,064 --> 00:05:16,108 I get it. I read the motion. 65 00:05:20,320 --> 00:05:22,447 Defendant's objection is noted and tabled. 66 00:05:22,531 --> 00:05:24,157 Should the Commonwealth decide 67 00:05:24,180 --> 00:05:27,077 William Barber's criminal record is critical to his case, 68 00:05:27,090 --> 00:05:29,060 he will first notify the defense, 69 00:05:29,080 --> 00:05:30,998 and then we'll have a hearing on the matter. 70 00:05:31,081 --> 00:05:33,834 Otherwise, not a word about this to the jury. 71 00:05:33,900 --> 00:05:34,910 Thank you, Your Honor. 72 00:05:35,400 --> 00:05:36,503 Yes, Your Honor. 73 00:05:37,000 --> 00:05:40,710 Lastly, the defense moves to expand its witness list by two: 74 00:05:40,799 --> 00:05:43,969 Matthew McGrath and Leonard Patz. 75 00:05:43,990 --> 00:05:46,572 - Commonwealth? - We're fine with it, Your Honor. 76 00:05:46,597 --> 00:05:48,765 All right, let's bring in the jury venire. 77 00:05:48,849 --> 00:05:50,726 All rise for the jury. 78 00:06:08,035 --> 00:06:10,580 Retired bus driver, works with kids. That's good. 79 00:06:10,600 --> 00:06:12,581 Yeah, I liked her. Thanks, Ellen. 80 00:06:15,550 --> 00:06:17,085 They kept staring at me. 81 00:06:17,440 --> 00:06:18,870 Oh, you'll get used to that. 82 00:06:19,500 --> 00:06:22,450 Just keep your eye on the judge as much as possible... 83 00:06:22,470 --> 00:06:23,967 or on your dad and me. 84 00:06:24,000 --> 00:06:27,012 Don't give 'em any reason to not like you. No faces. Okay? 85 00:06:27,250 --> 00:06:29,014 You're doing great so far. 86 00:06:29,470 --> 00:06:30,724 You all are. 87 00:06:32,470 --> 00:06:36,605 You see, this wasn't just an average boy, the defendant. 88 00:06:37,523 --> 00:06:40,484 No, something set him apart. 89 00:06:42,330 --> 00:06:43,529 His father. 90 00:06:43,770 --> 00:06:46,865 A father who was the first assistant district attorney. 91 00:06:46,880 --> 00:06:49,076 Top man, right here in this building. 92 00:06:50,650 --> 00:06:54,081 For years, the defendant watched his father 93 00:06:54,164 --> 00:06:57,459 prosecute every major murder case in this county. 94 00:06:57,540 --> 00:06:59,740 He listened to dinner conversations. 95 00:06:59,760 --> 00:07:02,960 Overheard phone calls, shop talk. 96 00:07:03,770 --> 00:07:07,219 You might even say that murder was the family business. 97 00:07:09,221 --> 00:07:12,015 But still, the question remains "Why?" 98 00:07:14,440 --> 00:07:15,894 Why... 99 00:07:16,900 --> 00:07:20,399 would an eighth-grade boy kill his classmate? 100 00:07:22,120 --> 00:07:25,150 Well, we've all been to school. 101 00:07:26,380 --> 00:07:29,240 We know kids can be mean. 102 00:07:32,911 --> 00:07:35,372 You're gonna hear testimony that the victim in this case, 103 00:07:35,455 --> 00:07:38,125 Ben Rifkin, teased the defendant. 104 00:07:39,126 --> 00:07:42,296 Nothing shocking, but still, mean. 105 00:07:43,172 --> 00:07:47,217 Ben foolishly mocked this young man, 106 00:07:47,850 --> 00:07:53,265 unaware of his hidden capacity, even desire, to kill. 107 00:07:53,348 --> 00:07:54,391 Objection. 108 00:07:54,474 --> 00:07:55,517 Sustained. 109 00:07:55,580 --> 00:07:59,563 The jury will disregard the last remark about the defendant's desire, 110 00:07:59,646 --> 00:08:01,315 which is speculation. 111 00:08:01,330 --> 00:08:04,109 And so, on April 12, 112 00:08:04,193 --> 00:08:07,821 the defendant walked into the woods of Cold Spring Park 113 00:08:07,905 --> 00:08:12,034 with a knife in his pocket and an idea in his mind. 114 00:08:12,960 --> 00:08:16,910 Did he ambush the victim, or were there words exchanged first? 115 00:08:18,040 --> 00:08:21,668 Maybe Ben called him a name. 116 00:08:22,550 --> 00:08:24,338 Or even threatened him. 117 00:08:25,400 --> 00:08:26,715 We don't know. 118 00:08:28,330 --> 00:08:30,093 All we know 119 00:08:30,110 --> 00:08:34,000 is that the defendant punched his knife three times 120 00:08:34,020 --> 00:08:35,974 into Ben Rifkin's chest, 121 00:08:36,850 --> 00:08:38,143 killing him. 122 00:08:40,062 --> 00:08:41,688 Three... 123 00:08:42,773 --> 00:08:46,527 evenly spaced wounds. 124 00:08:49,220 --> 00:08:50,364 One. 125 00:08:52,449 --> 00:08:53,450 Two. 126 00:08:55,494 --> 00:08:56,745 Three. 127 00:08:59,470 --> 00:09:05,420 You see a tragedy as enormous as this, and it makes you furious. 128 00:09:06,140 --> 00:09:08,590 You want someone to pay. 129 00:09:09,216 --> 00:09:10,968 I do too. I do. 130 00:09:12,140 --> 00:09:13,637 It's only human. 131 00:09:15,222 --> 00:09:19,059 But Jacob Barber is innocent. 132 00:09:20,110 --> 00:09:24,606 And I want to say that again so that there is no misunderstanding. 133 00:09:25,274 --> 00:09:30,571 Jacob Barber is wholly and completely innocent. 134 00:09:32,000 --> 00:09:35,951 When you understand what really happened that day, 135 00:09:36,820 --> 00:09:41,790 you'll see this case for what it is... a rush to judgment. 136 00:09:43,125 --> 00:09:45,085 The fingerprint, for example, 137 00:09:45,169 --> 00:09:47,462 that the prosecution made such a big deal about, 138 00:09:47,546 --> 00:09:49,756 you're going to hear how that print got there, 139 00:09:49,840 --> 00:09:53,260 just as Jacob told the police officer who arrested him 140 00:09:53,343 --> 00:09:55,262 the moment that he was asked. 141 00:09:56,430 --> 00:10:00,475 He saw his classmate lying on the ground, and he tried to help. 142 00:10:01,300 --> 00:10:03,478 And when he discovered that Ben was dead, 143 00:10:03,479 --> 00:10:07,349 saw all that blood, he panicked. 144 00:10:07,350 --> 00:10:10,599 He feared that if he told someone about the body, 145 00:10:10,600 --> 00:10:12,369 he'd become a suspect. 146 00:10:12,370 --> 00:10:16,241 After all, this was Ben Rifkin, the boy who bullied him. 147 00:10:16,325 --> 00:10:19,328 Everyone knew that. How would it look? 148 00:10:20,440 --> 00:10:25,100 Does Jacob wish that he had been braver from the start 149 00:10:25,120 --> 00:10:26,502 and told the truth? 150 00:10:27,250 --> 00:10:29,129 Of course he does. 151 00:10:29,210 --> 00:10:30,820 It was the worst mistake he's ever made. 152 00:10:30,840 --> 00:10:33,800 It was a horrible, terrifying mistake. 153 00:10:35,120 --> 00:10:36,970 But he was a boy. 154 00:10:38,138 --> 00:10:41,391 And I don't give a damn how the state chooses to try him. 155 00:10:41,475 --> 00:10:44,769 He was a 14-year-old boy. 156 00:10:46,010 --> 00:10:48,148 And boys make mistakes. 157 00:10:50,734 --> 00:10:52,528 But we are adults... 158 00:10:54,000 --> 00:10:57,074 with a grave responsibility before us. 159 00:10:58,040 --> 00:10:59,952 A child is dead. 160 00:11:01,250 --> 00:11:04,873 Don't destroy another child's life to make up for it. 161 00:11:05,880 --> 00:11:07,660 That isn't justice. 162 00:11:09,420 --> 00:11:11,421 That's just another tragedy. 163 00:11:21,807 --> 00:11:22,973 Mr. Barber, over here! 164 00:11:22,975 --> 00:11:24,641 Mr. Barber, do you have any comment? 165 00:11:24,643 --> 00:11:26,363 Give us a little room here, please. 166 00:11:26,436 --> 00:11:28,146 Give us a little room here. 167 00:11:31,441 --> 00:11:33,601 Mr. Barber, do you feel he's guilty? 168 00:11:34,250 --> 00:11:36,119 Hey, come over here, please. 169 00:11:39,032 --> 00:11:40,472 It's definitely the same guy. 170 00:11:41,900 --> 00:11:44,070 Yes, I'm sure. Blue Lincoln. 171 00:11:45,747 --> 00:11:46,957 Right. 172 00:11:47,570 --> 00:11:49,585 You still have that plate number I sent you? 173 00:11:52,140 --> 00:11:53,255 Okay. 174 00:11:54,770 --> 00:11:56,008 Thanks, Duff. 175 00:11:57,110 --> 00:11:58,552 What was that about? 176 00:11:59,110 --> 00:12:00,929 Long story. I'll tell you later. 177 00:12:01,330 --> 00:12:04,016 Okay, well, make sure they get some rest. 178 00:12:04,099 --> 00:12:06,310 - I'll call you tonight. - Okay. 179 00:12:20,770 --> 00:12:21,909 Driver's license. 180 00:12:22,951 --> 00:12:23,952 What I do? 181 00:12:24,036 --> 00:12:25,704 Let me see your license. 182 00:12:26,550 --> 00:12:28,707 I got a right to sit in my own car, don't I? 183 00:12:29,860 --> 00:12:32,580 Sir, are you refusing to provide me with identification? 184 00:12:32,920 --> 00:12:34,420 I'm not refusing anything. 185 00:12:34,840 --> 00:12:37,210 I wanna know what you're bothering me for. 186 00:12:57,528 --> 00:12:59,240 The family declined making any statement 187 00:12:59,260 --> 00:13:00,781 when leaving the courthouse today. 188 00:13:00,864 --> 00:13:02,032 And by all indications, 189 00:13:02,115 --> 00:13:04,701 plan to spend their night here at their home in Newton. 190 00:13:04,785 --> 00:13:06,662 What happens tomorrow is anyone's guess. 191 00:13:06,690 --> 00:13:08,664 However, opening statements suggest 192 00:13:08,690 --> 00:13:10,958 we could be in for an emotionally charged trial. 193 00:13:11,041 --> 00:13:13,201 This is Alix Wong, Channel 12 News. 194 00:14:09,770 --> 00:14:11,351 Just got off the phone with Duffy. 195 00:14:11,810 --> 00:14:14,313 It's not good. Just hear me out. 196 00:14:14,396 --> 00:14:15,522 What? 197 00:14:15,550 --> 00:14:18,233 His name is James O'Leary, the guy in the Lincoln. 198 00:14:18,317 --> 00:14:19,860 They call him Father O'Leary. 199 00:14:20,300 --> 00:14:21,486 They? 200 00:14:21,570 --> 00:14:23,238 I guess he's an old gangster. 201 00:14:23,322 --> 00:14:26,241 He's got a record. Duffy said he used to be some sort of muscle. 202 00:14:26,260 --> 00:14:29,077 Now he hires himself out to do, you know, small things, 203 00:14:29,161 --> 00:14:30,871 roughing people up, that sort of thing. 204 00:14:31,140 --> 00:14:34,082 Are you kidding me? What does he want with us? 205 00:14:34,100 --> 00:14:35,292 I don't know. 206 00:14:35,680 --> 00:14:38,962 What are we supposed to do? Can't they arrest him? Question him? 207 00:14:39,000 --> 00:14:41,381 Not unless he explicitly threatens us. 208 00:14:41,900 --> 00:14:43,380 Oh, my God. 209 00:14:43,460 --> 00:14:45,240 Duffy said she's gonna keep an eye on him. 210 00:14:45,270 --> 00:14:46,595 I know it doesn't sound good, 211 00:14:46,610 --> 00:14:49,223 but odds are it's probably just someone trying to scare us. 212 00:14:49,306 --> 00:14:51,266 Because we're not scared enough already. 213 00:14:57,320 --> 00:15:01,693 My heart was kind of pounding then, because he wasn't answering me. 214 00:15:01,710 --> 00:15:05,614 Uh, still, I couldn't see how he looked until I got close. 215 00:15:06,600 --> 00:15:08,158 And did you call for help? 216 00:15:08,660 --> 00:15:12,162 I remember crawling backwards up the slope, dialing 911. 217 00:15:13,900 --> 00:15:15,207 Thank you, Mrs. Gianetto. 218 00:15:15,840 --> 00:15:17,330 Ms. Klein. 219 00:15:17,417 --> 00:15:18,919 No questions, Your Honor. 220 00:15:20,040 --> 00:15:21,547 The dog park, yes. 221 00:15:21,570 --> 00:15:22,923 What time was this? 222 00:15:23,632 --> 00:15:24,967 Around 8:00 a.m. 223 00:15:25,600 --> 00:15:29,179 Like I said, it sounded like a boy's voice I heard. 224 00:15:29,847 --> 00:15:32,850 He said, "Stop. You're hurting me." 225 00:15:33,500 --> 00:15:35,143 "Stop. You're hurting me." 226 00:15:37,896 --> 00:15:40,691 Could you tell what direction the boy's voice came from? 227 00:15:42,660 --> 00:15:44,069 West, I think. 228 00:15:45,988 --> 00:15:47,698 Detective, is it standard procedure 229 00:15:47,780 --> 00:15:49,340 for an assistant district attorney 230 00:15:49,360 --> 00:15:51,243 to direct a homicide investigation? 231 00:15:51,850 --> 00:15:52,995 Yes. 232 00:15:53,078 --> 00:15:55,497 And who was the assistant DA assigned to the case that day? 233 00:15:55,498 --> 00:15:56,957 Objection. Relevance. 234 00:15:58,333 --> 00:15:59,959 See counsel at sidebar. 235 00:16:03,850 --> 00:16:05,000 Your Honor, I don't see how 236 00:16:05,020 --> 00:16:06,967 Mr. Barber's brief involvement in this case 237 00:16:07,050 --> 00:16:09,261 has anything to do with his son's innocence or guilt. 238 00:16:09,280 --> 00:16:11,120 Your Honor, the jury is entitled to hear 239 00:16:11,140 --> 00:16:12,560 that the defendant's own father 240 00:16:12,580 --> 00:16:15,100 was in charge of the early stages of the investigation. 241 00:16:17,500 --> 00:16:19,813 I'm going to allow it, but I warn you, counselor. 242 00:16:19,897 --> 00:16:22,691 Mr. Barber is not on trial here. Remember that. 243 00:16:23,317 --> 00:16:25,360 Yes, Your Honor. Understood. 244 00:16:26,445 --> 00:16:27,905 Witness will answer the question. 245 00:16:30,500 --> 00:16:32,284 Andrew Barber was in charge. 246 00:16:33,660 --> 00:16:37,539 And did you find it strange that Mr. Barber was handling a case 247 00:16:37,623 --> 00:16:39,499 that involved his own son's classmate? 248 00:16:40,209 --> 00:16:41,585 Not really, no. 249 00:16:42,000 --> 00:16:44,213 And once his son was charged with the murder? 250 00:16:44,713 --> 00:16:45,839 Any concerns? 251 00:16:47,000 --> 00:16:48,717 I wasn't happy about it. 252 00:16:49,220 --> 00:16:52,429 Detective, have you ever heard of a prosecutor 253 00:16:52,513 --> 00:16:55,390 being involved in the investigation into his own child? 254 00:16:55,474 --> 00:16:57,100 - Objection. - Sustained. 255 00:16:57,120 --> 00:16:59,344 You've made your point, counselor. Let's move it along. 256 00:17:00,040 --> 00:17:01,772 No further questions, Your Honor. 257 00:17:03,520 --> 00:17:04,733 Ms. Klein. 258 00:17:05,850 --> 00:17:09,024 Detective Peterson, you were among the first at the crime scene. 259 00:17:09,025 --> 00:17:10,979 Was there a murder weapon found that day? 260 00:17:10,980 --> 00:17:11,990 No, ma'am. 261 00:17:12,010 --> 00:17:15,243 Besides a single fingerprint found on the victim's sweatshirt, 262 00:17:15,327 --> 00:17:17,412 was there any evidence recovered that day? 263 00:17:17,496 --> 00:17:18,622 No. 264 00:17:18,704 --> 00:17:22,501 And of course, the fingerprint wasn't identified until later. Yes? 265 00:17:22,584 --> 00:17:24,002 Yes. Correct. 266 00:17:24,086 --> 00:17:26,964 So is it fair to say that at the beginning of the investigation, 267 00:17:27,047 --> 00:17:31,051 neither you nor Mr. Barber had any obvious suspects? 268 00:17:31,134 --> 00:17:32,139 We did not. 269 00:17:32,140 --> 00:17:35,055 And was the defendant the first suspect to emerge? 270 00:17:35,850 --> 00:17:38,684 - No. We initially just... - Objection. Relevance? 271 00:17:41,019 --> 00:17:42,020 Overruled. 272 00:17:43,240 --> 00:17:45,731 We initially pursued a suspect named Leonard Patz. 273 00:17:45,732 --> 00:17:48,549 He had a record for indecent assault and battery on kids, 274 00:17:48,550 --> 00:17:49,569 things like that. 275 00:17:49,570 --> 00:17:51,864 So a registered sex offender, 276 00:17:51,947 --> 00:17:54,074 and that's what made him a person of interest? 277 00:17:54,157 --> 00:17:56,076 That, and he lived near the park. 278 00:17:56,159 --> 00:17:57,661 He didn't just live near the park. 279 00:17:57,744 --> 00:18:00,831 He was known to walk in the park most mornings. Isn't that true? 280 00:18:00,914 --> 00:18:02,708 Objection. Leading the witness. 281 00:18:02,791 --> 00:18:03,834 Overruled. 282 00:18:04,470 --> 00:18:08,422 Yes. In fact, he admitted to being in the park that same morning. 283 00:18:09,680 --> 00:18:11,967 No more questions. Thank you. 284 00:18:13,000 --> 00:18:16,840 Detective, whose idea was it to pursue the investigation 285 00:18:16,860 --> 00:18:18,190 into Leonard Patz? 286 00:18:20,680 --> 00:18:22,644 Andy Barber brought it to my attention. 287 00:18:23,500 --> 00:18:25,480 Andy Barber. I see. 288 00:18:26,440 --> 00:18:28,692 And Mr. Patz was then cleared 289 00:18:28,775 --> 00:18:31,361 when Mr. Barber's own son was charged with the crime. 290 00:18:33,250 --> 00:18:34,364 Yes. 291 00:18:34,448 --> 00:18:35,866 No further questions, Your Honor. 292 00:18:38,785 --> 00:18:41,205 - Your Honor, we'd like to recross. - Go ahead. 293 00:18:43,020 --> 00:18:47,711 Detective, when Mr. Logiudice asked if you had cleared Leonard Patz, 294 00:18:47,794 --> 00:18:50,130 were you certain of his innocence? 295 00:18:50,214 --> 00:18:51,840 Certain? No. 296 00:18:51,924 --> 00:18:56,053 Did you agree with Mr. Barber's decision to investigate Leonard Patz? 297 00:18:56,350 --> 00:18:58,222 Yes. Absolutely. 298 00:18:58,305 --> 00:19:01,558 What about other decisions Andy Barber made? 299 00:19:01,642 --> 00:19:02,934 Any concerns at all? 300 00:19:03,220 --> 00:19:04,811 None I can think of. 301 00:19:05,646 --> 00:19:06,855 He's the best they got. 302 00:19:08,106 --> 00:19:10,067 The best they used to have, anyway. 303 00:19:11,440 --> 00:19:14,112 Thank you, Detective. No further questions. 304 00:19:15,000 --> 00:19:17,741 Commonwealth, you prepared to call your next witness? 305 00:19:19,800 --> 00:19:21,245 Uh, yes, Your Honor. 306 00:19:24,039 --> 00:19:26,792 The beam refracts through each slit 307 00:19:26,875 --> 00:19:29,395 and makes a pattern of light and dark stripes on the other side. 308 00:19:29,461 --> 00:19:33,799 Why? Because light isn't made of particles, but... 309 00:19:33,882 --> 00:19:35,008 - Waves? - Exactly. 310 00:19:35,092 --> 00:19:37,678 And it is the intersection of the waves that make the patterns. 311 00:19:38,262 --> 00:19:41,223 So these physicists decide that they're gonna solve what's going on 312 00:19:41,306 --> 00:19:44,768 by installing a device that allows them to see 313 00:19:44,852 --> 00:19:48,689 exactly which slit each electron is passing through. 314 00:19:48,772 --> 00:19:51,567 Only the moment that they try to observe it, 315 00:19:51,650 --> 00:19:54,580 the electrons stop behaving like waves 316 00:19:54,600 --> 00:19:56,150 and behave like particles again. 317 00:19:56,238 --> 00:19:57,990 What? That's impossible. 318 00:19:58,000 --> 00:20:00,284 - Google it. - I'll be right back. 319 00:20:00,367 --> 00:20:02,407 I tell my wife it's exactly like me and the Celtics. 320 00:20:02,452 --> 00:20:04,538 The moment I turn on the game, they lose. 321 00:20:05,539 --> 00:20:07,583 What the hell did I say about calling here? 322 00:20:08,010 --> 00:20:10,127 I just want to know how it's going. 323 00:20:10,210 --> 00:20:11,295 What? 324 00:20:11,700 --> 00:20:13,505 What do you mean, "What"? The trial. 325 00:20:13,589 --> 00:20:15,841 He's my grandson. I got a right to know. 326 00:20:15,860 --> 00:20:17,259 Listen to me very carefully. 327 00:20:17,342 --> 00:20:20,262 You don't have a right to shit. Okay? 328 00:20:20,280 --> 00:20:22,168 Maybe I got a right to call one of these reporters 329 00:20:22,170 --> 00:20:23,806 that keeps trying me, huh? 330 00:20:24,040 --> 00:20:25,070 Do whatever you want. 331 00:20:25,080 --> 00:20:27,070 Come on. I just wanna know what are you thinking. 332 00:20:27,090 --> 00:20:28,720 I mean, what's your strategy? 333 00:20:28,740 --> 00:20:30,460 I'm watching it all day on the news here. 334 00:20:30,480 --> 00:20:31,658 I think the kid's got a chance. 335 00:20:31,660 --> 00:20:34,776 But, you know, you gotta be smart about this. 336 00:20:34,860 --> 00:20:38,197 Oh, yeah? I didn't know they gave out law degrees in prison. 337 00:20:38,780 --> 00:20:42,117 That's funny. You think prison's a fucking joke? 338 00:20:43,120 --> 00:20:44,536 Let me tell you something. 339 00:20:44,620 --> 00:20:47,873 This is sure as hell no place for a kid like Jacob. 340 00:20:49,800 --> 00:20:51,793 Now one of the, uh, witnesses today, 341 00:20:51,810 --> 00:20:53,253 this cop who was on the stand, 342 00:20:54,020 --> 00:20:55,923 he mentioned this guy Patz. 343 00:20:56,006 --> 00:20:57,341 What about him? 344 00:20:57,600 --> 00:20:59,301 Well, you think he did it? 345 00:21:01,400 --> 00:21:03,597 - Do you? - Yeah. 346 00:21:05,000 --> 00:21:06,183 Are you sure? 347 00:21:06,600 --> 00:21:07,892 Look, I gotta go. 348 00:21:07,893 --> 00:21:09,895 Guy's a child molester, right? 349 00:21:11,120 --> 00:21:12,523 Sort of. 350 00:21:12,605 --> 00:21:15,525 How... How the fuck are you "sort of" a child molester? 351 00:21:15,770 --> 00:21:19,071 Same way you were a murderer before you actually murdered someone. 352 00:21:19,154 --> 00:21:20,864 Why you gotta make it about me? Huh? 353 00:21:20,948 --> 00:21:23,325 Why don't you fucking quit worrying about what I am 354 00:21:23,350 --> 00:21:25,744 and start worrying about my grandson? 355 00:21:25,827 --> 00:21:27,328 Don't call here again. 356 00:21:27,329 --> 00:21:29,748 I mean it. You keep him out of this place! 357 00:21:29,831 --> 00:21:31,124 You hear me? 358 00:21:31,140 --> 00:21:33,210 I spent my whole fucking life in this shithole. 359 00:21:33,230 --> 00:21:35,838 I'm not gonna stand by while my grandson's life... 360 00:21:36,880 --> 00:21:38,048 You mother... 361 00:21:38,131 --> 00:21:39,675 You fucked up, cocksucker. 362 00:21:54,000 --> 00:21:56,066 - Did Joanna leave? - Yeah. 363 00:21:56,600 --> 00:21:58,277 Who was that? 364 00:21:58,360 --> 00:22:02,114 Oh, it was, uh... credit card company, just confirming some charges. 365 00:22:04,700 --> 00:22:07,703 Joanna seemed... optimistic. 366 00:22:08,300 --> 00:22:11,164 You know, I'm starting to think she should be. 367 00:22:17,504 --> 00:22:19,754 So weird, 'cause there were just all these people there. 368 00:22:19,756 --> 00:22:21,298 I don't even know why, because it was so cold outside. 369 00:22:21,300 --> 00:22:23,093 - Hey. - Hold on one second. 370 00:22:23,177 --> 00:22:24,720 I'm just hanging these on your door. 371 00:22:25,070 --> 00:22:26,221 Okay. Thanks. 372 00:22:26,770 --> 00:22:27,973 Who are you talking to? 373 00:22:28,400 --> 00:22:29,515 Sarah. 374 00:22:30,000 --> 00:22:32,186 Oh. Okay. 375 00:22:32,880 --> 00:22:34,600 - Tell her I said hi. - Okay. 376 00:22:36,100 --> 00:22:37,398 Sorry about that. 377 00:22:37,400 --> 00:22:40,152 So anyway, um, this lady comes in with her kids, right? 378 00:22:40,235 --> 00:22:42,738 And they're just so loud and obnoxious. 379 00:22:42,740 --> 00:22:45,866 And I was like, "Oh, my gosh. Shut up already." But... 380 00:22:53,123 --> 00:22:55,283 You've been with the state's crime lab how long? 381 00:22:55,292 --> 00:22:57,419 Eleven years, almost 12. 382 00:22:58,120 --> 00:23:01,210 Ms. Carlson, could you describe the blood evidence 383 00:23:01,230 --> 00:23:02,382 at the point of attack? 384 00:23:02,466 --> 00:23:05,761 There were a few small spatters less than an inch in diameter. 385 00:23:05,780 --> 00:23:07,420 Yesterday, we heard defense contend 386 00:23:07,440 --> 00:23:10,641 that there should have been blood on the clothing of an attacker 387 00:23:10,660 --> 00:23:12,518 in a stabbing like this. 388 00:23:12,601 --> 00:23:14,474 - Do you have an opinion on that? - Yes. 389 00:23:14,475 --> 00:23:15,900 That's not necessarily true, 390 00:23:15,920 --> 00:23:18,899 since no spatter seemed cast off with force. 391 00:23:18,980 --> 00:23:21,651 It's also possible the assailant stood behind the victim 392 00:23:21,652 --> 00:23:22,694 when he stabbed him, 393 00:23:22,710 --> 00:23:24,578 which would have meant he was out of the trajectory 394 00:23:24,580 --> 00:23:26,323 of any spray or spatter. 395 00:23:26,700 --> 00:23:28,951 What can you tell us about the murder weapon? 396 00:23:29,030 --> 00:23:30,240 We were looking for a knife 397 00:23:30,270 --> 00:23:33,914 with a four to six-inch blade and a serrated edge. 398 00:23:34,665 --> 00:23:35,749 I see. 399 00:23:36,770 --> 00:23:39,837 So, a knife like this one? 400 00:23:39,920 --> 00:23:41,964 Objection. 401 00:23:42,047 --> 00:23:43,463 Commonwealth moves to enter into evidence... 402 00:23:43,465 --> 00:23:44,675 Objection! 403 00:23:45,070 --> 00:23:47,636 Your Honor, the jury will soon hear testimony 404 00:23:47,650 --> 00:23:49,263 from the defendant's best friend 405 00:23:49,280 --> 00:23:52,350 that the defendant owned a knife exactly like this one: 406 00:23:52,370 --> 00:23:53,660 a Schnell Tactical. 407 00:23:53,680 --> 00:23:56,018 Your Honor, this is a cheap stunt. 408 00:23:56,019 --> 00:23:59,815 The Commonwealth has yet to link any such knife to the defendant, 409 00:23:59,890 --> 00:24:02,720 and to wave it around in here now is irresponsible. 410 00:24:02,740 --> 00:24:05,500 - It's inflammatory. - Agreed. Objection sustained. 411 00:24:05,520 --> 00:24:07,279 Put away the knife, Mr. Logiudice. 412 00:24:08,365 --> 00:24:10,409 In that case, no more questions, Your Honor. 413 00:24:11,010 --> 00:24:12,202 Cross. 414 00:24:12,220 --> 00:24:13,662 Absolutely, Your Honor. 415 00:24:14,240 --> 00:24:17,374 Ms. Carlson, we were just on the subject of blood. 416 00:24:17,400 --> 00:24:20,586 Was there any blood evidence recovered from the defendant? 417 00:24:20,669 --> 00:24:21,680 No. 418 00:24:21,700 --> 00:24:23,755 Genetic evidence? 419 00:24:23,839 --> 00:24:26,758 DNA? Hairs? Fibers? 420 00:24:26,842 --> 00:24:28,468 No, just the fingerprint. 421 00:24:28,850 --> 00:24:31,513 - May I propose a hypothetical? - Okay. 422 00:24:31,590 --> 00:24:33,969 Let's suppose the defendant, Jacob, 423 00:24:33,970 --> 00:24:36,518 was walking on his way to school... 424 00:24:37,440 --> 00:24:40,606 and came across the victim lying on the ground. 425 00:24:41,440 --> 00:24:46,600 And suppose Jacob lifted the victim by the collar 426 00:24:46,620 --> 00:24:48,155 to see if he was okay. 427 00:24:48,238 --> 00:24:52,409 Might that create a fingerprint consistent with the one you found? 428 00:24:52,700 --> 00:24:54,494 Yes, that is possible. 429 00:24:54,840 --> 00:24:58,870 Now the knife that the Commonwealth attempted to enter into evidence, 430 00:24:58,957 --> 00:25:00,417 had you ever seen it before? 431 00:25:00,501 --> 00:25:01,919 Objection. Relevance. 432 00:25:02,002 --> 00:25:05,380 Overruled. You opened the door, counselor. 433 00:25:06,140 --> 00:25:08,634 Yes. The DA's office asked me to determine 434 00:25:08,717 --> 00:25:11,304 if that particular model of knife was consistent 435 00:25:11,305 --> 00:25:12,638 with the victim's wounds. 436 00:25:13,012 --> 00:25:16,849 Ah. And I assume they gave you other models to compare as well? 437 00:25:16,850 --> 00:25:18,101 No. 438 00:25:18,120 --> 00:25:19,228 No? 439 00:25:20,896 --> 00:25:23,023 Did they at least ask you to determine 440 00:25:23,106 --> 00:25:26,068 how many other knives might have made those wounds? 441 00:25:26,440 --> 00:25:27,694 No. 442 00:25:27,778 --> 00:25:29,238 Well, how many would you think? 443 00:25:30,350 --> 00:25:34,159 I... I don't know. That... That would be speculating. 444 00:25:34,243 --> 00:25:35,369 A thousand? 445 00:25:35,827 --> 00:25:36,880 Uh... 446 00:25:37,350 --> 00:25:38,747 A large number. 447 00:25:38,830 --> 00:25:41,124 Seven hundred? Five hundred? 448 00:25:42,850 --> 00:25:45,254 Somewhere... Somewhere in that range. 449 00:25:45,470 --> 00:25:50,342 In other words, the chances of it being the actual knife 450 00:25:50,425 --> 00:25:52,094 are one in 500. Correct? 451 00:25:52,177 --> 00:25:54,221 Objection. Calls for speculation. 452 00:25:54,304 --> 00:25:55,430 Sustained. 453 00:25:59,220 --> 00:26:01,019 No further questions, Your Honor. 454 00:26:02,100 --> 00:26:03,772 This is all going to shit. 455 00:26:03,800 --> 00:26:06,233 He's gonna walk. Can't you see that? 456 00:26:06,316 --> 00:26:07,916 He's gonna get away with killing our son 457 00:26:07,943 --> 00:26:10,779 because of that asshole and his goddamn theatrics. 458 00:26:10,863 --> 00:26:12,447 Please, I can't take this. 459 00:26:12,531 --> 00:26:14,241 Yeah, well, I can't take it either. 460 00:26:14,270 --> 00:26:16,493 Dan. Dan. 461 00:26:31,820 --> 00:26:34,840 How he didn't know that that stunt would backfire is beyond me. 462 00:26:34,880 --> 00:26:36,054 Because he's reckless. 463 00:26:36,500 --> 00:26:38,097 - You doing all right? - Yeah. 464 00:26:40,559 --> 00:26:41,810 One of them smiled. 465 00:26:42,853 --> 00:26:45,814 One of the jurors, the guy with the goatee. 466 00:26:45,898 --> 00:26:47,399 He smiled? Really? 467 00:26:47,400 --> 00:26:51,028 Yeah, when she admitted it was a one in 500 chance, he smiled. 468 00:26:54,350 --> 00:26:56,450 Something wrong? 469 00:26:57,159 --> 00:26:58,744 No. No, it's nothing. 470 00:26:59,453 --> 00:27:00,662 We'll talk later. 471 00:27:02,140 --> 00:27:05,959 You and Mr. Barber have worked together on many cases. Is that right? 472 00:27:06,041 --> 00:27:07,459 We go back, yes. 473 00:27:07,740 --> 00:27:10,672 Would you describe him as diligent when it came to his work? 474 00:27:10,860 --> 00:27:12,680 More than that. He was relentless. 475 00:27:12,700 --> 00:27:14,580 Was that relentlessness on display 476 00:27:14,600 --> 00:27:17,040 when you were attempting to cut through the school's red tape? 477 00:27:17,470 --> 00:27:19,350 He didn't feel the classmates were a priority. 478 00:27:19,370 --> 00:27:21,475 We'd already interviewed Ben's close friends. 479 00:27:21,558 --> 00:27:24,394 Once you did interview the students, finally, 480 00:27:24,478 --> 00:27:27,105 was there anything useful that came out of that? 481 00:27:27,189 --> 00:27:28,899 After the initial meetings, nothing much. 482 00:27:28,982 --> 00:27:31,109 But with some follow-up, we came to learn that 483 00:27:31,190 --> 00:27:33,198 there was an ongoing beef between the victim and the defendant. 484 00:27:33,200 --> 00:27:36,156 Meaning Ben had been bullying the defendant. 485 00:27:36,440 --> 00:27:37,741 For some time, yes. 486 00:27:37,820 --> 00:27:40,258 Was this around the time that you started to view the defendant 487 00:27:40,260 --> 00:27:41,320 as a suspect? 488 00:27:42,162 --> 00:27:43,163 It was. 489 00:27:43,247 --> 00:27:45,749 Even as his father was still running the investigation? 490 00:27:47,459 --> 00:27:49,962 Certain aspects of the investigation had to be carried out 491 00:27:50,000 --> 00:27:51,839 without Mr. Barber's knowledge. 492 00:27:53,200 --> 00:27:54,424 What did that reveal? 493 00:27:57,261 --> 00:28:00,639 That the defendant supposedly had a knife consistent with the wounds, 494 00:28:00,660 --> 00:28:02,558 that he had sufficient motive, 495 00:28:02,640 --> 00:28:03,760 and he had opportunity, 496 00:28:03,780 --> 00:28:05,600 in that his movements the morning of the attack 497 00:28:05,602 --> 00:28:07,437 placed him near or at the scene. 498 00:28:07,521 --> 00:28:09,022 Did you arrest him at this time? 499 00:28:09,106 --> 00:28:10,649 Not until the fingerprint came back. 500 00:28:10,680 --> 00:28:12,618 We then obtained a warrant and searched the house, 501 00:28:12,620 --> 00:28:14,862 trying to find the knife, which we did not. 502 00:28:15,740 --> 00:28:17,573 Did you seize the defendant's computer? 503 00:28:17,656 --> 00:28:20,033 We did, but we found nothing directly incriminating. 504 00:28:20,117 --> 00:28:23,453 Detective, are you aware of a program called Disk Scraper? 505 00:28:23,470 --> 00:28:25,810 I am. It's a program that wipes hard drives, 506 00:28:25,830 --> 00:28:27,248 deletes files, that kind of thing. 507 00:28:27,249 --> 00:28:30,252 Was that program on the defendant's laptop? 508 00:28:31,000 --> 00:28:32,087 It was. 509 00:28:33,213 --> 00:28:37,050 Is it possible that there was incriminating evidence on the laptop, 510 00:28:37,070 --> 00:28:38,574 and it was removed by the defendant? 511 00:28:38,635 --> 00:28:40,804 Objection. Calls for speculation. 512 00:28:40,880 --> 00:28:41,890 Sustained. 513 00:28:42,800 --> 00:28:44,183 What about pornography? 514 00:28:44,266 --> 00:28:46,143 - Objection. Relevance. - Sustained. 515 00:28:46,226 --> 00:28:47,895 Let me be more specific. 516 00:28:48,400 --> 00:28:52,649 Did you find any violent pornography on the defendant's laptop? 517 00:28:54,040 --> 00:28:56,069 I think all pornography is violent. 518 00:28:56,153 --> 00:28:57,196 Of course. 519 00:28:57,700 --> 00:29:01,366 I mean, specifically, images glorifying abuse or torture. 520 00:29:01,450 --> 00:29:03,035 Objection. Relevance. 521 00:29:04,330 --> 00:29:06,455 Overruled. The witness will answer. 522 00:29:08,650 --> 00:29:09,917 Some, yeah. 523 00:29:15,214 --> 00:29:16,334 No further questions. 524 00:29:19,040 --> 00:29:22,888 Detective, I assume you have executed countless search warrants 525 00:29:22,971 --> 00:29:25,057 - in your career, yes? - Sure. 526 00:29:25,140 --> 00:29:26,558 Seized a lot of laptops. 527 00:29:26,642 --> 00:29:27,726 Yes. 528 00:29:27,740 --> 00:29:31,313 Have you ever found one that didn't have some pornography on it? 529 00:29:33,140 --> 00:29:34,316 I don't think so. 530 00:29:34,399 --> 00:29:36,944 Detective, is it true that you were the first 531 00:29:36,980 --> 00:29:39,446 to identify Leonard Patz as a person of interest, 532 00:29:39,530 --> 00:29:41,281 and not Mr. Barber? 533 00:29:41,770 --> 00:29:43,700 Yes. I brought Patz to Andy's attention, 534 00:29:43,720 --> 00:29:46,245 and we agreed that he was someone we should be looking at. 535 00:29:46,770 --> 00:29:48,247 One last question. 536 00:29:49,600 --> 00:29:52,417 At any point in the investigation, 537 00:29:52,450 --> 00:29:56,180 did Andy Barber behave in any way to suggest 538 00:29:56,200 --> 00:29:58,839 that he suspected his own son? 539 00:29:58,841 --> 00:30:00,634 No, not in the slightest. 540 00:30:01,500 --> 00:30:03,971 No further questions, Your Honor. 541 00:30:04,054 --> 00:30:05,931 Mr. Logiudice, redirect? 542 00:30:14,330 --> 00:30:15,566 Detective... 543 00:30:18,777 --> 00:30:22,114 have you ever known Mr. Barber to be violent? 544 00:30:24,250 --> 00:30:26,159 - No. - Are you sure? 545 00:30:27,470 --> 00:30:31,081 Never seen him grab somebody by the jacket? Push them into a wall? 546 00:30:31,164 --> 00:30:32,708 Objection. Relevance. 547 00:30:34,040 --> 00:30:35,335 Overruled. 548 00:30:39,600 --> 00:30:41,465 Once. You. 549 00:30:41,750 --> 00:30:43,218 After your provoked him with that crack 550 00:30:43,220 --> 00:30:44,880 about his father doing time for... 551 00:30:46,054 --> 00:30:47,264 Doing time for murder? 552 00:30:47,340 --> 00:30:49,460 - Objection! Your Honor! - Sustained. 553 00:30:49,480 --> 00:30:51,476 I'll see counsel at sidebar, right now. 554 00:30:56,550 --> 00:30:59,735 I'm appalled at what I just saw. We went over this in pretrial. 555 00:30:59,750 --> 00:31:02,529 Your Honor, it was the defense counsel who first raised the issue 556 00:31:02,613 --> 00:31:05,699 of whether the defendant's father had reason to suspect his own son. 557 00:31:05,730 --> 00:31:07,701 I am simply trying to make that argument. 558 00:31:07,784 --> 00:31:09,536 You have got to be kidding me. 559 00:31:09,580 --> 00:31:12,247 Your Honor, the defense moves for a mistrial. 560 00:31:12,331 --> 00:31:14,164 - Oh, come on. - He was given specific instructions. 561 00:31:14,165 --> 00:31:17,459 You are on extraordinarily thin ice, Mr. Logiudice, 562 00:31:17,470 --> 00:31:18,837 you understand me? 563 00:31:18,921 --> 00:31:21,924 Now you wrap it up with this witness right now. 564 00:31:21,950 --> 00:31:23,530 And if I hear even a whisper 565 00:31:23,550 --> 00:31:25,594 about the defendant's grandfather going forward, 566 00:31:25,677 --> 00:31:27,790 Ms. Klein will get her mistrial. Am I clear? 567 00:31:27,804 --> 00:31:30,307 Yes, Your Honor. 568 00:31:41,735 --> 00:31:43,028 Ladies and gentlemen, 569 00:31:43,660 --> 00:31:48,325 there's a saying in the law, "You cannot unring the bell"... 570 00:31:49,550 --> 00:31:52,760 but I am going to insist that you do just that 571 00:31:52,780 --> 00:31:54,490 with regard to the last question. 572 00:31:56,880 --> 00:31:58,910 That must have been torture for you... 573 00:31:59,980 --> 00:32:01,580 sitting on the sidelines. 574 00:32:02,320 --> 00:32:03,757 I had no choice. 575 00:32:05,300 --> 00:32:07,052 So you trusted Ms. Klein? 576 00:32:07,700 --> 00:32:08,971 I did. 577 00:32:09,860 --> 00:32:11,560 On day four of the trial, 578 00:32:11,570 --> 00:32:13,720 the Commonwealth called its final witness: 579 00:32:14,400 --> 00:32:15,769 Derek Yoo. 580 00:32:16,854 --> 00:32:20,820 Did you feel that Ms. Klein adequately prepared 581 00:32:20,840 --> 00:32:22,600 for Derek Yoo's testimony? 582 00:32:23,410 --> 00:32:25,028 Yeah, as best she could. 583 00:32:25,250 --> 00:32:27,823 She intended to destroy his credibility? 584 00:32:28,200 --> 00:32:31,368 He had a plausible motive. The jury had a right to know. 585 00:32:31,869 --> 00:32:33,412 What about you and Laurie? 586 00:32:35,470 --> 00:32:37,040 What about us? 587 00:32:38,220 --> 00:32:39,668 Were you prepared? 588 00:33:05,220 --> 00:33:06,528 We've got a problem. 589 00:33:06,770 --> 00:33:09,156 Matt McGrath. I can't find him. 590 00:33:09,239 --> 00:33:10,250 What? 591 00:33:10,270 --> 00:33:12,326 Ellen's been trying to call his cell all week, 592 00:33:12,350 --> 00:33:14,703 and she finally got in touch with his mother this morning. 593 00:33:14,780 --> 00:33:17,860 And she said that she and Matt had a fight three days ago, 594 00:33:17,880 --> 00:33:19,164 and that he took off. 595 00:33:19,166 --> 00:33:21,752 And his girlfriend just posted online from Florida, 596 00:33:21,835 --> 00:33:23,837 and the mom thinks that he's down there with her. 597 00:33:23,921 --> 00:33:26,338 What are we supposed to do? He's supposed to take the stand tomorrow. 598 00:33:26,340 --> 00:33:29,801 Don't worry. We're gonna think of something. Okay. 599 00:34:26,550 --> 00:34:28,318 Court, all rise! 600 00:34:35,350 --> 00:34:38,540 I was like, "That's the same way you go to school. 601 00:34:38,570 --> 00:34:39,995 Did you see anything?" 602 00:34:40,400 --> 00:34:42,040 And Jake said no. 603 00:34:42,660 --> 00:34:47,838 Nothing about seeing Ben on the ground or trying to help him? 604 00:34:47,920 --> 00:34:50,632 No. Uh, and then he made a joke. 605 00:34:51,550 --> 00:34:55,262 Something like, "Couldn't happen to a nicer guy." 606 00:34:59,400 --> 00:35:03,437 And this is within a few hours after learning about Ben's murder? 607 00:35:03,770 --> 00:35:07,566 I guess, yeah. We were at Jake's house, playing video games. 608 00:35:09,250 --> 00:35:12,404 When you said that Ben used to pick on Jacob, 609 00:35:13,040 --> 00:35:14,489 what did you mean by that? 610 00:35:16,600 --> 00:35:20,579 Ben always kinda had it in for Jake. He was always calling him "fag." 611 00:35:21,040 --> 00:35:22,372 Like a nickname. 612 00:35:23,120 --> 00:35:25,160 Like he'd ask Jake questions 613 00:35:25,180 --> 00:35:27,794 about different sex things gay people do, 614 00:35:27,878 --> 00:35:29,922 but in front of everyone, to embarrass him. 615 00:35:30,005 --> 00:35:32,674 Or he'd fake a punch at Jake if he passed him in the hall. 616 00:35:32,758 --> 00:35:33,879 Stuff like that. 617 00:35:33,880 --> 00:35:36,762 And all of this bullying, it upset Jacob. 618 00:35:37,240 --> 00:35:39,389 - Yeah, of course. - Did it make him angry? 619 00:35:41,020 --> 00:35:42,726 Not so much in front of Ben, but... 620 00:35:44,000 --> 00:35:46,813 privately, he'd go off on how much he hated Ben's guts. 621 00:35:46,897 --> 00:35:52,528 Which I got. I mean, Ben would be a jerk to me too sometimes. 622 00:35:53,770 --> 00:35:56,240 At what point after Ben's murder 623 00:35:56,770 --> 00:35:59,201 did you begin to consider your friend Jacob's role in it? 624 00:35:59,284 --> 00:36:00,702 Objection. Leading the witness. 625 00:36:02,000 --> 00:36:03,205 Overruled. 626 00:36:06,124 --> 00:36:08,043 You can go ahead and answer, young man. 627 00:36:08,752 --> 00:36:10,127 I guess it was three days later. 628 00:36:10,440 --> 00:36:12,960 Was there anything other than his temper 629 00:36:12,980 --> 00:36:14,965 that began to make you suspicious? 630 00:36:14,967 --> 00:36:16,468 Well, yeah. The knife. 631 00:36:16,700 --> 00:36:19,721 Jake had this scary combat knife he'd bought in town. 632 00:36:19,750 --> 00:36:21,298 He used to bring it to school sometimes. 633 00:36:21,300 --> 00:36:22,940 To show it off, or... or what? 634 00:36:22,960 --> 00:36:26,435 Not really. I mean, he showed it to me and our friend Dylan... 635 00:36:27,470 --> 00:36:30,065 but it was more like he liked having it on him, 636 00:36:30,148 --> 00:36:31,358 walking around with it. 637 00:36:31,441 --> 00:36:34,570 Like... it was this secret thing he had. 638 00:36:34,920 --> 00:36:38,400 I see. So the bullying and the knife... 639 00:36:39,350 --> 00:36:41,368 But you knew about these things, 640 00:36:41,770 --> 00:36:44,538 and still, you didn't suspect Jacob immediately? 641 00:36:46,000 --> 00:36:49,042 I don't know. Maybe part of me did, a little. 642 00:36:50,140 --> 00:36:52,254 But it wasn't until I read what he wrote online. 643 00:36:52,470 --> 00:36:53,797 Online? 644 00:36:53,880 --> 00:36:55,300 This messed up site 645 00:36:55,320 --> 00:36:57,092 Jake was into called The Cut Up Room. 646 00:36:57,176 --> 00:37:00,012 By "messed up," I'm assuming you mean pornographic. 647 00:37:00,095 --> 00:37:03,891 Yeah, but, it's not really so much about sex. 648 00:37:03,974 --> 00:37:07,352 More violence. Like, really graphic stuff. 649 00:37:07,436 --> 00:37:09,188 Are there stories on this site? 650 00:37:10,010 --> 00:37:14,943 Yeah, people post all kinds of stuff. Photos, videos, stories. 651 00:37:15,027 --> 00:37:17,613 And do you know if Jacob posted any stories? 652 00:37:19,239 --> 00:37:20,824 He did, yeah. 653 00:37:20,908 --> 00:37:22,743 He called them Job stories. 654 00:37:23,700 --> 00:37:25,078 Job stories? 655 00:37:25,162 --> 00:37:28,665 Yeah, you know, like his initials. J-O-B? 656 00:37:29,680 --> 00:37:31,460 That was his screen name on there. 657 00:37:32,586 --> 00:37:33,795 What do you know about this? 658 00:37:33,879 --> 00:37:35,339 Not enough. You got to shut it down. 659 00:37:35,380 --> 00:37:38,842 And did Job post a story about the murder of Ben Rifkin? 660 00:37:39,020 --> 00:37:40,049 Yes. 661 00:37:44,139 --> 00:37:46,078 Commonwealth moves to enter into evidence... 662 00:37:46,080 --> 00:37:47,392 Objection. 663 00:37:47,420 --> 00:37:48,727 Your Honor, may we approach? 664 00:37:48,810 --> 00:37:50,850 Settle down, please. 665 00:37:52,470 --> 00:37:55,150 Respectfully, Your Honor, we ask to approach. 666 00:37:59,446 --> 00:38:00,956 Your Honor, this is an ambush. 667 00:38:00,970 --> 00:38:03,033 None of this was disclosed in discovery. 668 00:38:03,116 --> 00:38:05,202 Your Honor, this story was authored by the defendant. 669 00:38:05,280 --> 00:38:06,738 If he chose to hide it from his attorney, 670 00:38:06,740 --> 00:38:08,411 that's hardly the Commonwealth's fault. 671 00:38:08,420 --> 00:38:10,082 What's this about, Jacob? 672 00:38:10,916 --> 00:38:12,042 Jacob? 673 00:38:34,440 --> 00:38:36,733 Your Honor, I need to confer with my client. 674 00:38:36,817 --> 00:38:38,443 All right, go ahead. 675 00:38:42,300 --> 00:38:43,907 I'm gonna ask your patience 676 00:38:43,920 --> 00:38:47,578 while I allow defense counselor a moment to confer with her client. 677 00:38:50,490 --> 00:38:51,600 He's going to allow it 678 00:38:51,620 --> 00:38:54,332 unless our position is that Jacob didn't write the story. 679 00:38:54,710 --> 00:38:56,960 - Then that's our plan... - They know that he wrote it, Andy. 680 00:38:56,962 --> 00:38:58,463 They've got an IP address. 681 00:39:00,300 --> 00:39:01,800 Jacob. 682 00:39:07,070 --> 00:39:08,175 If we push back now, 683 00:39:08,176 --> 00:39:10,931 we're only going to shine a brighter light on it. 684 00:39:10,932 --> 00:39:12,392 How bad is it? 685 00:39:20,360 --> 00:39:21,800 "Jason stood there on the path 686 00:39:21,820 --> 00:39:24,279 as Brent kept walking toward him, grinning. 687 00:39:24,470 --> 00:39:27,659 If Brent knew the real Jason, he would have been scared shitless. 688 00:39:27,743 --> 00:39:30,662 'Don't fuck with me,' Jason warned him. 'I mean it.' 689 00:39:31,246 --> 00:39:33,665 But Brent just laughed and grabbed him by the arm, 690 00:39:33,749 --> 00:39:36,251 twisting it back like he'd done so many times before. 691 00:39:36,877 --> 00:39:40,464 'Stop. You're hurting me,' Jason said. But it didn't hurt that much. 692 00:39:40,860 --> 00:39:43,960 He just wanted Brent to think that, so he would let go. 693 00:39:44,400 --> 00:39:48,180 Brent laughed again, the way he always did, a fake laugh. 694 00:39:48,770 --> 00:39:51,558 Jason's hand slipped into his sweatshirt pocket. 695 00:39:52,040 --> 00:39:54,394 There it was, his trusted friend. 696 00:39:54,970 --> 00:39:56,450 He curled his fingers around the grip 697 00:39:56,460 --> 00:39:58,482 and felt a surge of power through his arm, 698 00:39:58,500 --> 00:39:59,858 up into his shoulder. 699 00:39:59,942 --> 00:40:01,985 He knew there was no turning back now. 700 00:40:02,069 --> 00:40:03,695 The park seemed to know it too. 701 00:40:03,779 --> 00:40:06,448 He could hear the breeze in the leaves and birds chirping. 702 00:40:06,770 --> 00:40:08,180 Brent saw the knife coming for him, 703 00:40:08,208 --> 00:40:10,107 but it was too late to do anything but stare. 704 00:40:10,600 --> 00:40:13,760 It slipped in so easily Jason thought he was stabbing air. 705 00:40:13,780 --> 00:40:15,165 That surprised him. 706 00:40:15,240 --> 00:40:16,480 He did it twice more, 707 00:40:16,500 --> 00:40:18,708 telling his brain to remember the feeling for later. 708 00:40:21,940 --> 00:40:23,999 Brent fell backward and rolled down the slope, 709 00:40:24,000 --> 00:40:26,051 until he stopped down below. 710 00:40:26,134 --> 00:40:28,550 Jason knew he should go, but he couldn't help himself. 711 00:40:28,570 --> 00:40:31,223 He went down to Brent's body to make sure he was dead. 712 00:40:31,250 --> 00:40:33,851 The smell of blood in the air made him feel dizzy. 713 00:40:33,930 --> 00:40:36,130 He found a small stream nearby and washed the knife off, 714 00:40:36,140 --> 00:40:37,437 and his hand too. 715 00:40:37,520 --> 00:40:39,038 He could see his reflection in the water, 716 00:40:39,040 --> 00:40:41,441 but his face looked different to him now. 717 00:40:41,525 --> 00:40:43,986 'It'll be our secret,' it seemed to say. 718 00:40:47,600 --> 00:40:48,907 The End." 719 00:40:54,040 --> 00:40:56,339 This story was posted 720 00:40:56,340 --> 00:41:00,127 three days after Ben Rifkin's body was found? 721 00:41:01,550 --> 00:41:02,671 Yeah. 722 00:41:06,550 --> 00:41:08,557 No further questions, Your Honor. 723 00:41:10,220 --> 00:41:11,627 Ms. Klein? 724 00:41:22,770 --> 00:41:23,901 No. 725 00:41:24,600 --> 00:41:25,944 No, we weren't prepared. 726 00:41:27,230 --> 00:41:28,640 A surprising turn of events 727 00:41:28,660 --> 00:41:30,657 sent shock waves through the courtroom today 728 00:41:30,741 --> 00:41:33,619 as testimony from one of Jacob Barber's classmates 729 00:41:33,702 --> 00:41:37,706 provided the prosecution with some extremely damaging evidence. 730 00:41:37,789 --> 00:41:41,960 The reaction from the jurors was palpable, to say the least. 731 00:42:20,800 --> 00:42:22,501 It was just a story. 732 00:42:32,052 --> 00:42:34,137 I didn't know it would be a big deal. 733 00:42:40,394 --> 00:42:41,476 Did you do it? 734 00:42:44,470 --> 00:42:46,233 Just tell me. Did you kill him? 735 00:42:56,770 --> 00:42:57,953 No. 736 00:43:04,770 --> 00:43:05,961 No. 737 00:43:25,814 --> 00:43:29,109 I could ask the judge to issue a bench warrant for Matt McGrath. 738 00:43:29,550 --> 00:43:33,194 He won't. Not for some secondary witness holed up in Florida. 739 00:43:34,323 --> 00:43:36,575 We don't have a choice. We gotta go straight at Patz. 740 00:43:36,658 --> 00:43:38,325 Yeah, his subpoena was served this morning. 741 00:43:38,327 --> 00:43:39,790 I'll call him as a hostile witness 742 00:43:39,800 --> 00:43:41,246 and see what we can get out of him. 743 00:43:41,330 --> 00:43:42,920 We gotta run every play we have. 744 00:43:42,950 --> 00:43:45,083 Not just on the Patz front, Derek too. 745 00:43:45,770 --> 00:43:48,003 You don't think we covered Derek on cross? 746 00:43:49,470 --> 00:43:51,215 You did your best. 747 00:43:51,700 --> 00:43:53,133 You were distracted. 748 00:43:54,426 --> 00:43:55,677 Everyone was. 749 00:43:59,140 --> 00:44:02,265 We need to backstop Patz. I say we go harder on Derek, 750 00:44:02,270 --> 00:44:03,892 subpoena Sarah. 751 00:44:04,400 --> 00:44:05,979 Andy, we discussed this. 752 00:44:06,000 --> 00:44:09,233 That was before. We need Sarah to hammer home Derek's obsession. 753 00:44:09,260 --> 00:44:11,818 We need to have her repeat his words on the stand. 754 00:44:11,902 --> 00:44:13,737 Yeah, you're right. That could be powerful. 755 00:44:13,820 --> 00:44:15,155 Show the jury the selfie again. 756 00:44:15,239 --> 00:44:16,240 No. 757 00:44:17,616 --> 00:44:20,619 I don't wanna bring her into this. It's my trial. I'm saying no. 758 00:44:21,870 --> 00:44:23,872 Sorry, but you don't get a say in this anymore. 759 00:44:26,550 --> 00:44:28,377 Not after today. 760 00:44:42,140 --> 00:44:44,726 I'll get into it first thing tomorrow. 761 00:46:01,550 --> 00:46:03,514 You haven't said one word all night. 762 00:46:06,470 --> 00:46:07,601 Did you know? 763 00:46:08,477 --> 00:46:09,603 About the story? 764 00:46:10,479 --> 00:46:11,480 No. 765 00:46:11,563 --> 00:46:12,898 Just tell me the truth. 766 00:46:13,220 --> 00:46:15,734 - I am. - The truth. I need to know. 767 00:46:16,110 --> 00:46:18,320 Laurie, I swear I'm telling you the truth. 768 00:46:18,780 --> 00:46:20,447 What about the website? 769 00:46:20,531 --> 00:46:21,823 The Cut Up Room? 770 00:46:29,456 --> 00:46:31,248 I only kept it from you 'cause I knew it would... 771 00:46:31,250 --> 00:46:32,793 Don't. Don't. 772 00:46:33,440 --> 00:46:34,459 Don't what? 773 00:46:34,461 --> 00:46:37,631 Explain it away like you do everything. Excuse it away. 774 00:46:37,714 --> 00:46:39,297 I knew it would set you off. 775 00:46:39,550 --> 00:46:41,629 You were already half convinced that Jacob was guilty. 776 00:46:41,630 --> 00:46:43,740 - I didn't want to add... - Not anymore. 777 00:46:52,187 --> 00:46:53,605 What'd you just say? 778 00:46:56,400 --> 00:46:57,568 I don't believe him. 779 00:46:58,470 --> 00:47:00,070 Not after what I heard today. 780 00:47:04,140 --> 00:47:05,824 So you're gonna let this one thing change... 781 00:47:05,826 --> 00:47:07,327 It's always one thing. 782 00:47:07,995 --> 00:47:09,538 Don't you see? 783 00:47:10,000 --> 00:47:13,750 We're guilty too. If we protect him, we're as guilty as he is. 784 00:47:13,834 --> 00:47:15,959 All right. Just keep your voice down. He's right upstairs. 785 00:47:15,961 --> 00:47:18,714 I'm not even saying I know what to do about it. I don't. 786 00:47:19,350 --> 00:47:21,675 But I know what I heard, and I know what it means. 787 00:47:21,680 --> 00:47:23,135 Laurie, I'm begging you. 788 00:47:23,218 --> 00:47:26,013 Don't talk yourself into something 'cause of some made-up story. 789 00:47:26,096 --> 00:47:28,265 - It's not a story. - Yes, it is! 790 00:47:29,140 --> 00:47:30,809 This is a kid that bullied him. 791 00:47:30,820 --> 00:47:33,812 He probably fantasized about hurting him a thousand times. 792 00:47:33,896 --> 00:47:37,274 So he let his imagination run wild, and he wrote it down. 793 00:47:38,140 --> 00:47:39,359 Maybe... 794 00:47:40,470 --> 00:47:42,960 Maybe he got some sick thrill imagining it. 795 00:47:42,988 --> 00:47:44,573 And is that horrible? Yes. 796 00:47:44,656 --> 00:47:47,326 It's terrible, and it was wrong, and it was stupid, 797 00:47:47,409 --> 00:47:48,952 but it was a story. 798 00:47:50,140 --> 00:47:52,239 Joanna vetted every single line from it. 799 00:47:52,240 --> 00:47:54,348 There wasn't one detail that hadn't already been reported 800 00:47:54,350 --> 00:47:55,500 by the news. 801 00:47:55,520 --> 00:47:58,545 - He was fantasizing. - He was confessing. 802 00:47:59,780 --> 00:48:03,130 To call it anything else is just lawyer spin, and you know it. 803 00:48:04,600 --> 00:48:06,136 What if you knew? 804 00:48:07,700 --> 00:48:09,260 What if you knew in your heart 805 00:48:09,280 --> 00:48:11,892 that our son did this unforgivable thing? 806 00:48:12,250 --> 00:48:15,604 Took the life of another child? Would it even matter? 807 00:48:15,687 --> 00:48:17,312 I'd still love him, if that's what you're asking. 808 00:48:17,314 --> 00:48:19,910 No, it's not. I'd still love him too. 809 00:48:19,920 --> 00:48:21,940 I will always love him, no matter what. 810 00:48:22,611 --> 00:48:24,863 You don't know how badly I wanted to hold him tonight 811 00:48:24,947 --> 00:48:26,196 and tell him it's all going to be okay. 812 00:48:26,198 --> 00:48:28,033 But I can't play this game anymore, 813 00:48:28,575 --> 00:48:30,951 letting him pretend he didn't do it, pretending to each other. 814 00:48:30,953 --> 00:48:32,690 He's not pretending. He didn't do this. 815 00:48:32,704 --> 00:48:34,246 - I know he didn't do this. - No, you don't! 816 00:48:34,248 --> 00:48:35,928 No one can sustain that level of deception. 817 00:48:35,999 --> 00:48:39,044 Of course he could. You of all people should know that. 818 00:48:49,140 --> 00:48:50,430 Yeah. 819 00:48:51,098 --> 00:48:52,391 Yeah, of course. 820 00:48:54,020 --> 00:48:55,602 He learned it from me. 821 00:49:01,880 --> 00:49:03,770 Maybe he learned it from both of us. 822 00:49:10,250 --> 00:49:11,952 What do you want me to say, Laurie? 823 00:49:13,240 --> 00:49:14,413 You're right. 824 00:49:15,400 --> 00:49:16,748 Our marriage is a lie. 825 00:49:17,700 --> 00:49:21,628 Our whole fucking family is based on a fairy tale, built on nothing. 826 00:49:23,470 --> 00:49:24,840 And our son's a murderer. 827 00:49:26,400 --> 00:49:27,718 Is that what you want to hear? 828 00:49:28,650 --> 00:49:30,053 No. 829 00:49:33,200 --> 00:49:35,142 But that doesn't mean it isn't true. 830 00:50:53,804 --> 00:50:54,930 Hello. 831 00:52:20,420 --> 00:52:25,420 - Synced and corrected by