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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:01:39,020 --> 00:01:41,059 Boy, is that ever incendiary, right? 2 00:01:41,060 --> 00:01:42,699 Jesus Christ. 3 00:01:42,700 --> 00:01:44,020 Yes, it is. 4 00:01:47,220 --> 00:01:49,179 That's just an outrage. 5 00:01:49,180 --> 00:01:51,099 That's just a fucking outrage. 6 00:01:55,059 --> 00:01:58,578 Hey, how are you? Er, we just got the autopsy report. 7 00:01:58,579 --> 00:02:01,059 Give me your fax number so I can fax it to you. 8 00:02:02,699 --> 00:02:04,258 Yes, ma'am. 9 00:02:04,259 --> 00:02:05,699 Right. 10 00:02:06,739 --> 00:02:11,498 8722. I'll fax it right now and then, er... 11 00:02:11,499 --> 00:02:12,739 I'll call you back. 12 00:02:16,179 --> 00:02:18,299 Oh, Jesus! 13 00:02:19,859 --> 00:02:21,697 Me again. 14 00:02:21,698 --> 00:02:25,617 I'm going to fax...uh, we just got the autopsy report. 15 00:02:25,618 --> 00:02:28,737 Can I fax it to you? Are you at your office? 16 00:02:28,738 --> 00:02:31,217 I have to go back to court at 2.30, 17 00:02:31,218 --> 00:02:34,857 and the press is trying to unseal this thing, 18 00:02:34,858 --> 00:02:38,098 so I need to talk with you some before 2.30. 19 00:02:39,418 --> 00:02:43,377 OK. I'll get it to you right away. 20 00:02:43,378 --> 00:02:45,298 Thank you. Bye-bye. 21 00:02:48,378 --> 00:02:52,296 Hey. I got this autopsy on this Germany thing. 22 00:02:52,297 --> 00:02:55,736 As soon as you take a look at it, would you call me? 23 00:02:55,737 --> 00:02:59,136 Well, they concluded these injuries were as a result 24 00:02:59,137 --> 00:03:03,817 of a homicidal attack, so I need for you to take a look at this. 25 00:03:06,337 --> 00:03:08,337 MUTTERING 26 00:03:10,177 --> 00:03:13,216 I mean, I've read... How many autopsies we read? Never seen that. 27 00:03:13,217 --> 00:03:14,337 Never. 28 00:03:15,857 --> 00:03:19,617 Hi, is John around, please? Thank you. 29 00:03:20,816 --> 00:03:22,255 Dave Rudolf. 30 00:03:22,256 --> 00:03:24,375 I've got a question for you. 31 00:03:24,376 --> 00:03:29,295 I've read 260 autopsies from blunt trauma to the head 32 00:03:29,296 --> 00:03:32,935 and never once did I see any of your people say, 33 00:03:32,936 --> 00:03:37,975 "The inflicted trauma is clearly from a homicidal assault." 34 00:03:37,976 --> 00:03:39,576 Um... 35 00:03:42,096 --> 00:03:47,055 All right, well, could you call me back after you get done? 36 00:03:47,056 --> 00:03:49,216 Yeah, I appreciate it. Thanks. 37 00:03:54,175 --> 00:03:56,175 Outrageous. 38 00:04:02,895 --> 00:04:08,494 I just know that, um, my mom died in '85. 39 00:04:08,495 --> 00:04:13,335 Think it was the winter of '85, and, um... 40 00:04:14,935 --> 00:04:16,734 ..she...she... 41 00:04:16,735 --> 00:04:19,214 I know that she died of a brain haemorrhage. 42 00:04:19,215 --> 00:04:21,453 She had been having many headaches before. 43 00:04:21,454 --> 00:04:24,373 I mean, there's people... many people have said this, 44 00:04:24,374 --> 00:04:27,493 that she called her mother, complaining of headaches. 45 00:04:27,494 --> 00:04:30,893 She hated doctors. Like, I don't like doctors either. 46 00:04:30,894 --> 00:04:33,013 Neither does Martha. 47 00:04:33,014 --> 00:04:37,653 Um...so she didn't want to go see one, no matter how much, you know... 48 00:04:37,654 --> 00:04:42,373 Mike and Patty, I guess, told her to go 49 00:04:42,374 --> 00:04:45,693 and she basically died 50 00:04:45,694 --> 00:04:48,933 before she even hit the bottom of the stairs 51 00:04:48,934 --> 00:04:52,772 and I-I think it's interesting, you know, 52 00:04:52,773 --> 00:04:56,012 that they both were found at the bottom of the stairs, 53 00:04:56,013 --> 00:04:57,772 but at the same time, 54 00:04:57,773 --> 00:05:01,292 the two things they had in common besides being my mothers were 55 00:05:01,293 --> 00:05:04,932 that Dad loved them both very, very, very much, 56 00:05:04,933 --> 00:05:08,532 and he would have never, ever hurt either of them, 57 00:05:08,533 --> 00:05:13,252 so I think that's what they have in common more than anything malicious. 58 00:05:13,253 --> 00:05:15,172 So... 59 00:05:15,173 --> 00:05:17,572 The autopsy report released this afternoon 60 00:05:17,573 --> 00:05:20,332 details how this woman died more than a decade ago. 61 00:05:20,333 --> 00:05:24,131 The Ratliff autopsy report says her fatal wounds appear to be 62 00:05:24,132 --> 00:05:26,611 the result of several blows to the head, 63 00:05:26,612 --> 00:05:29,731 injuries that happened while Ratliff was still alive. 64 00:05:29,732 --> 00:05:33,211 The conclusion - those injuries came from a homicidal assault. 65 00:05:33,212 --> 00:05:35,891 That's inflammatory. That's not a doctor... 66 00:05:35,892 --> 00:05:37,971 That's what a jury determines. 67 00:05:37,972 --> 00:05:40,011 Now the Peterson defence team 68 00:05:40,012 --> 00:05:43,771 hopes this report will not prejudice a potential jury. 69 00:05:43,772 --> 00:05:46,371 All right, it gets curioser and curioser. 70 00:05:46,372 --> 00:05:49,211 You can read the entire autopsy report on our website 71 00:05:49,212 --> 00:05:50,971 at abc11tv.com. 72 00:05:55,011 --> 00:05:58,730 I've had one of my biggest fuckings in court ever. 73 00:05:58,731 --> 00:06:01,450 The judge unsealed all this stuff, 74 00:06:01,451 --> 00:06:03,850 you know, this new autopsy. 75 00:06:03,851 --> 00:06:07,810 The headlines tonight are, "Homicidal Assault". 76 00:06:07,811 --> 00:06:09,650 Just outrageous. 77 00:06:09,651 --> 00:06:12,730 Anyway, I think I'm going to need to call these people 78 00:06:12,731 --> 00:06:15,330 as witnesses on Wednesday, and I think I'm going to need 79 00:06:15,331 --> 00:06:18,450 your presence here to help me cross-examine them. 80 00:06:18,451 --> 00:06:22,729 Yeah, and we're going to have... you know, I'm going to have 81 00:06:22,730 --> 00:06:26,569 to cross-examine them pretty vigorously, I think, so... Yes. 82 00:06:26,570 --> 00:06:28,649 Yes, I want you to be there when he testifies 83 00:06:28,650 --> 00:06:30,210 so that we can cross-examine him. 84 00:06:31,210 --> 00:06:33,769 All right? 85 00:06:33,770 --> 00:06:36,409 Well, if this is admitted the way it stands, 86 00:06:36,410 --> 00:06:39,689 the one we got from the medical examiner, will that hurt your case? 87 00:06:39,690 --> 00:06:42,089 Well, keep in mind it's not... This doesn't get admitted. 88 00:06:42,090 --> 00:06:45,809 Somebody's going to have to get up on the witness stand and testify, 89 00:06:45,810 --> 00:06:49,289 and that's really the unfairness of this current procedure - 90 00:06:49,290 --> 00:06:52,528 what gets released to the public right now 91 00:06:52,529 --> 00:06:56,608 is simply a one-sided report that we haven't had 92 00:06:56,609 --> 00:06:58,768 a chance to ask any questions about, 93 00:06:58,769 --> 00:07:04,008 and I think that's part of the problem here is that all that 94 00:07:04,009 --> 00:07:07,968 gets put into the news media is, you know, 95 00:07:07,969 --> 00:07:14,728 a fairly inflammatory statement that is completely unnecessary 96 00:07:14,729 --> 00:07:20,008 to the autopsy findings, and were just sort of gratuitous, and, 97 00:07:20,009 --> 00:07:21,847 you know, I don't blame you guys. 98 00:07:21,848 --> 00:07:23,367 It was put in there because 99 00:07:23,368 --> 00:07:26,247 that's exactly what you guys would gravitate to. 100 00:07:26,248 --> 00:07:30,207 Those aren't really lined up the way... They're not anything like... 101 00:07:30,208 --> 00:07:33,127 They are, interestingly enough, mainly curved in some way. 102 00:07:33,128 --> 00:07:34,927 I don't know the significance of that. 103 00:07:34,928 --> 00:07:37,567 This one, this one, this one, curved... 104 00:07:37,568 --> 00:07:42,047 This is kind of curved with a split. Kathleen's or... 105 00:07:42,048 --> 00:07:44,567 It's almost like something... 106 00:07:44,568 --> 00:07:47,607 I don't know what caused this curvature, for example. 107 00:07:47,608 --> 00:07:49,927 Is that indicative of something? 108 00:07:49,928 --> 00:07:55,687 Can only Kathleen...? Let's get her... Let's get her autopsy. 109 00:08:04,207 --> 00:08:06,287 That... That's the same? 110 00:08:08,127 --> 00:08:09,886 The truth is, these are spread out more. 111 00:08:09,887 --> 00:08:11,246 You've got the top of the head, 112 00:08:11,247 --> 00:08:13,206 you've got the hair, you've got the left... 113 00:08:13,207 --> 00:08:15,966 Oh, yeah, you've also got bruising on the back of the neck, 114 00:08:15,967 --> 00:08:17,846 which would be indicative of... 115 00:08:17,847 --> 00:08:19,366 Falling. Falling, right. 116 00:08:19,367 --> 00:08:22,645 The top... How do you bang someone in the top of the head? What? 117 00:08:22,646 --> 00:08:26,685 You know, this is supposed to be a signature thing. 118 00:08:26,686 --> 00:08:30,805 You know, there's supposed to be some way in which these are similar. 119 00:08:30,806 --> 00:08:32,245 How does one... 120 00:08:32,246 --> 00:08:33,365 Other than the fact 121 00:08:33,366 --> 00:08:36,366 that they're both found at the bottom of stairs... 122 00:08:55,245 --> 00:08:58,324 You get a false impression, I think a misleading impression... 123 00:08:58,325 --> 00:08:59,724 Yeah, I was surprised 124 00:08:59,725 --> 00:09:03,364 when I saw the photographs how close together they were. 125 00:09:03,365 --> 00:09:07,924 Those look like pattern injuries or crescent-shaped things 126 00:09:07,925 --> 00:09:09,564 from some sort of instrument. 127 00:09:09,565 --> 00:09:12,844 When you look at the photographs, I don't get that impression at all. 128 00:09:12,845 --> 00:09:14,005 No, no, not at all. 129 00:09:27,284 --> 00:09:30,843 Yeah, looking at the sketch, this... it doesn't work for me. 130 00:09:30,844 --> 00:09:34,163 I mean, the pictures, that's the work of... 131 00:09:34,164 --> 00:09:36,243 The sketch is just simply that, 132 00:09:36,244 --> 00:09:42,964 but I don't think they truly reflect very well what is in these pictures. 133 00:09:46,524 --> 00:09:48,923 Here. The correspondence... 134 00:09:48,924 --> 00:09:52,722 I mean, if that's what they're relying on to reconstruct 135 00:09:52,723 --> 00:09:56,242 and to draw conclusions on... this is very misleading. 136 00:09:56,243 --> 00:09:58,522 The diagram is very misleading. Cos of... 137 00:09:58,523 --> 00:10:03,082 These look like they're linear, linear and simple. 138 00:10:03,083 --> 00:10:04,642 These are not simple. 139 00:10:04,643 --> 00:10:08,802 They're very complex, and when you do this sort of thing, 140 00:10:08,803 --> 00:10:13,762 what sort of impacts produce scalp lacerations like that? 141 00:10:13,763 --> 00:10:17,082 Yeah. Probably not blows. I mean, what instrument would do that? 142 00:10:17,083 --> 00:10:18,842 Ah, I see. 143 00:10:18,843 --> 00:10:24,281 These are more characteristic of impacts where the skin just splits. 144 00:10:24,282 --> 00:10:25,602 Right. 145 00:10:27,442 --> 00:10:30,081 Well, the hearing tomorrow, on Ratliff, 146 00:10:30,082 --> 00:10:33,281 I think is probably the most important hearing, 147 00:10:33,282 --> 00:10:37,121 may very well be the most important day in court 148 00:10:37,122 --> 00:10:39,561 that we have in this entire case. 149 00:10:39,562 --> 00:10:43,601 I think that the evidence about the death in Germany, 150 00:10:43,602 --> 00:10:45,561 if it comes in, 151 00:10:45,562 --> 00:10:49,761 will have a substantial impact even subconsciously 152 00:10:49,762 --> 00:10:53,960 on how the jurors evaluate the evidence in this case, 153 00:10:53,961 --> 00:10:56,840 even though there's not a shred of evidence that Michael 154 00:10:56,841 --> 00:11:00,640 had anything to do with Elizabeth Ratliff's death. 155 00:11:00,641 --> 00:11:04,800 The mere fact that it comes in evidence will have an impact, 156 00:11:04,801 --> 00:11:09,720 so my view is that if we win the motion tomorrow 157 00:11:09,721 --> 00:11:14,000 and keep the Ratliff evidence out, because it's not relevant, 158 00:11:14,001 --> 00:11:16,120 this is not a technicality... 159 00:11:16,121 --> 00:11:17,800 Because it's not relevant 160 00:11:17,801 --> 00:11:21,119 and because the state can't show that it's relevant, 161 00:11:21,120 --> 00:11:24,439 we will have a very good chance of winning this trial, 162 00:11:24,440 --> 00:11:29,360 because the rest of the evidence, I think, is pretty minimal. 163 00:11:40,560 --> 00:11:45,759 Well, what we've done is we've subpoenaed their witnesses, 164 00:11:45,760 --> 00:11:49,879 some of the doctors who have done the autopsies, 165 00:11:49,880 --> 00:11:54,558 and we want to put them on the stand and force them to do more 166 00:11:54,559 --> 00:11:57,198 than just give their bare conclusions. 167 00:11:57,199 --> 00:11:59,878 Their reports are very bare bones. 168 00:11:59,879 --> 00:12:03,358 What we want to do is we want to get them on the stand and be able 169 00:12:03,359 --> 00:12:08,398 to ask them the hard questions that they don't address in their reports 170 00:12:08,399 --> 00:12:13,239 to show that the basis of their conclusions is simply flawed. 171 00:12:15,079 --> 00:12:19,118 This is the kind of evidence that can really prejudice and taint 172 00:12:19,119 --> 00:12:21,597 a trial unfairly. 173 00:12:21,598 --> 00:12:23,557 It's the kind of evidence 174 00:12:23,558 --> 00:12:28,158 that courts have traditionally said you just don't let in. 175 00:12:31,678 --> 00:12:36,118 In my opinion, the '85 death... 176 00:12:37,758 --> 00:12:41,357 If the state try to introduce evidence of that in the court, 177 00:12:41,358 --> 00:12:43,637 it could come in any number of ways 178 00:12:43,638 --> 00:12:46,797 for which I will listen to arguments about... 179 00:12:46,798 --> 00:12:48,397 Has the state filed 180 00:12:48,398 --> 00:12:53,236 a motion to have the court consider Miss Ratliff's death? 181 00:12:53,237 --> 00:12:56,396 We are not a proponent of that evidence at this point, 182 00:12:56,397 --> 00:13:02,236 and will not be until the court actually is involved in this trial 183 00:13:02,237 --> 00:13:05,596 and begins hearing evidence of all these matters. 184 00:13:05,597 --> 00:13:11,956 Judge, um...two weeks ago, or three weeks ago, you sat there 185 00:13:11,957 --> 00:13:16,796 and agreed that this was an issue, particularly Ratliff... 186 00:13:16,797 --> 00:13:18,156 It is an issue. 187 00:13:18,157 --> 00:13:20,076 Well, that has to be decided 188 00:13:20,077 --> 00:13:23,275 before jury selection for very good reasons. 189 00:13:23,276 --> 00:13:25,795 I'm not aware of any law that... 190 00:13:25,796 --> 00:13:29,275 that the court can direct the state to do it. 191 00:13:29,276 --> 00:13:32,675 No, what the court can... I mean, I can...I can... 192 00:13:32,676 --> 00:13:35,235 I'm not sure there's a North Carolina state law 193 00:13:35,236 --> 00:13:36,595 that the court can order 194 00:13:36,596 --> 00:13:39,395 the state to do something. I don't think you can order them to do that. 195 00:13:39,396 --> 00:13:42,715 What you can do is say, "If you don't file the notice and have 196 00:13:42,716 --> 00:13:47,355 "the hearing today, you're not going to be allowed to introduce 197 00:13:47,356 --> 00:13:51,594 "that evidence, because it's prejudicial to the defence." 198 00:13:51,595 --> 00:13:54,914 Let's just look at this from a practical perspective. 199 00:13:54,915 --> 00:13:57,394 If I don't know whether or not that's coming in. 200 00:13:57,395 --> 00:13:58,794 I've got to assume it is. 201 00:13:58,795 --> 00:14:02,554 And therefore I'm going to spend lots of time in opening statement 202 00:14:02,555 --> 00:14:05,834 talking to the jurors about that, finding out what they think 203 00:14:05,835 --> 00:14:08,874 and talking about the facts and all of that stuff. 204 00:14:08,875 --> 00:14:13,034 So now all of a sudden, Mr Hardin says, "Judge, I'm sorry, 205 00:14:13,035 --> 00:14:15,714 "we're not going to introduce," right? 206 00:14:15,715 --> 00:14:19,154 Now, are you going to instruct the jury to disregard everything 207 00:14:19,155 --> 00:14:22,593 that I said in my opening statement? 208 00:14:22,594 --> 00:14:24,473 How is that... 209 00:14:24,474 --> 00:14:29,073 How are you going to instruct them to disregard what I said and have me 210 00:14:29,074 --> 00:14:33,633 maintain my credibility with a jury that is deciding my client's life? 211 00:14:33,634 --> 00:14:37,513 I believe, frankly, it would be ineffective assistance to counsel 212 00:14:37,514 --> 00:14:39,633 for him not to deal with it, 213 00:14:39,634 --> 00:14:42,433 whether the evidence is admissible or not, 214 00:14:42,434 --> 00:14:46,753 because it's out there, the news media has spent three or four days 215 00:14:46,754 --> 00:14:51,472 using the same footage of the exhumation down in Texas. 216 00:14:51,473 --> 00:14:54,672 It's still going on up until this morning, 217 00:14:54,673 --> 00:14:58,712 which raises another question about all of these interviews that 218 00:14:58,713 --> 00:15:02,512 Mr Rudolf likes to give to the media about the evidence. 219 00:15:02,513 --> 00:15:06,752 My client's wanted this trial to proceed for a long time. 220 00:15:06,753 --> 00:15:13,432 The DA delayed that exhumation for months and months and months. 221 00:15:13,433 --> 00:15:18,952 Now, two weeks before, or three weeks before trial, he decides 222 00:15:18,953 --> 00:15:24,551 to go ahead with an exhumation, and that is simply unfair. 223 00:15:24,552 --> 00:15:28,751 He did it intentionally, he did it knowingly. He stands here 224 00:15:28,752 --> 00:15:34,551 and talks sanctimoniously about how I'm talking to the press 225 00:15:34,552 --> 00:15:38,271 in response to a medical examiner's report... 226 00:15:38,272 --> 00:15:40,231 I knew you would bring that up. Yeah... 227 00:15:40,232 --> 00:15:46,551 ..that gratuitously uses the term "homicidal attack", or "assault". 228 00:15:46,552 --> 00:15:50,790 And I'm supposed to sit back and allow my client to be prejudiced 229 00:15:50,791 --> 00:15:56,151 by that and buy this show that he's put together... 230 00:15:57,431 --> 00:15:59,631 ..and just sit back and do nothing? 231 00:16:03,271 --> 00:16:07,630 The court declines Mr Rudolf and his discretion to determine 232 00:16:07,631 --> 00:16:13,991 the admissibility of the death of Miss Ratliff... 233 00:16:16,791 --> 00:16:18,230 ..today, 234 00:16:18,231 --> 00:16:22,029 and pre-trial, court in its discretion 235 00:16:22,030 --> 00:16:26,589 will rule on its admissibility when proffered 236 00:16:26,590 --> 00:16:32,189 by the state of North Carolina as evidence of this particular case. 237 00:16:32,190 --> 00:16:36,189 You know, I subpoenaed all three medical examiners 238 00:16:36,190 --> 00:16:40,389 and was prepared to cross-examine all of them. Today. Today! 239 00:16:40,390 --> 00:16:44,269 So why is it that it's OK for them 240 00:16:44,270 --> 00:16:50,308 to write reports that have conclusions like "homicidal assault" 241 00:16:50,309 --> 00:16:54,628 and yet not have to get up on a witness stand today? 242 00:16:54,629 --> 00:16:56,428 What is his sexual preference? 243 00:16:56,429 --> 00:16:59,348 What is whose sexual preference, Mr Hardin's? The client's. 244 00:16:59,349 --> 00:17:03,108 Not Mr Hardin's! Oh, I don't know what Mr Hardin's is. You know... 245 00:17:03,109 --> 00:17:06,068 Would you really expect... What's your sexual... Come on! 246 00:17:06,069 --> 00:17:08,268 No, your guy's on trial - I'm not. 247 00:17:08,269 --> 00:17:09,708 Well, we can change that. 248 00:17:09,709 --> 00:17:12,229 No, I'm not going to answer those kind of questions. OK. 249 00:17:29,868 --> 00:17:33,227 INAUDIBLE 250 00:17:33,228 --> 00:17:36,667 Well, wherever's... 251 00:17:36,668 --> 00:17:39,187 Get me a Diet Coke... 252 00:17:39,188 --> 00:17:40,748 BARKING 253 00:17:43,228 --> 00:17:45,267 Where the hell's your silverware? 254 00:17:45,268 --> 00:17:50,786 Er, on the right, in the top...second drawer. 255 00:17:50,787 --> 00:17:54,626 I keep the pans and the other stuff in the top drawer. 256 00:17:54,627 --> 00:17:57,906 INAUDIBLE 257 00:17:57,907 --> 00:18:03,346 There is no doubt in my mind that those two guys knew exactly 258 00:18:03,347 --> 00:18:08,026 what was going to happen before that hearing started. 259 00:18:08,027 --> 00:18:11,466 I mean, the little speech that Orlando did at the beginning, 260 00:18:11,467 --> 00:18:17,266 you know, Hardin... He didn't say to Hardin, "What are you talking about? 261 00:18:17,267 --> 00:18:19,426 "We're here for a hearing!" 262 00:18:19,427 --> 00:18:21,145 You know? Er... 263 00:18:21,146 --> 00:18:23,665 "What do you mean, you don't think we ought to go forward? 264 00:18:23,666 --> 00:18:28,305 "I mean, on Monday we sat here for three...all day talking about 265 00:18:28,306 --> 00:18:30,385 "whether this hearing should be closed or not - 266 00:18:30,386 --> 00:18:31,825 "you didn't say anything then!" 267 00:18:31,826 --> 00:18:35,665 I just don't understand it. I mean, what's in it for Judge Hudson...? 268 00:18:35,666 --> 00:18:38,345 There's got to be a political pay-off somewhere. 269 00:18:38,346 --> 00:18:39,945 That's all I can say. 270 00:18:39,946 --> 00:18:43,306 I don't know what it is, but there's something in it for him. 271 00:18:47,186 --> 00:18:49,985 No, I mean, do you have any doubt that this was...? 272 00:18:49,986 --> 00:18:53,384 INAUDIBLE You ask me, it's been scripted. 273 00:18:53,385 --> 00:18:56,984 It was just choreographed. It was just completely choreographed. 274 00:18:56,985 --> 00:19:01,224 I've been in front of lots of judges with lots of prosecutors 275 00:19:01,225 --> 00:19:04,184 in lots of situations, and I've got to tell you, 276 00:19:04,185 --> 00:19:09,224 I have never, ever seen something like that before. Never. 277 00:19:09,225 --> 00:19:11,544 I don't think David and I don't think Tom, you know, 278 00:19:11,545 --> 00:19:14,904 believe me, or anybody from the beginning, but when I said, 279 00:19:14,905 --> 00:19:19,904 this isn't Chapel Hill, this isn't Charlotte...this is Durham. 280 00:19:19,905 --> 00:19:23,543 It's unique, it's particular, it's dirty, it's corrupt, 281 00:19:23,544 --> 00:19:25,383 it's small, you know, 282 00:19:25,384 --> 00:19:27,783 I don't think anybody knows this town better than I do, 283 00:19:27,784 --> 00:19:30,023 and I... It's what I've believed for years, 284 00:19:30,024 --> 00:19:33,023 and I told you guys from the beginning that this is it. 285 00:19:33,024 --> 00:19:37,223 I've had a personal relationship with Orlando for years, and it never 286 00:19:37,224 --> 00:19:43,223 got through to me that it could affect him personally in that way. 287 00:19:43,224 --> 00:19:46,824 Yeah, but... I just find him disgusting. 288 00:19:50,184 --> 00:19:54,982 So...the Ratliff stuff is coming in evidence. 289 00:19:54,983 --> 00:19:57,942 The gay stuff is coming in evidence. Sure. All right? 290 00:19:57,943 --> 00:20:02,022 So we've got to deal with it, no matter what. 291 00:20:02,023 --> 00:20:04,662 You can almost turn this into a challenge to the DA! 292 00:20:04,663 --> 00:20:07,382 We don't know if it's coming or not. Do we think it's a joke? 293 00:20:07,383 --> 00:20:10,182 But these are the reasons why, if they let you get into that. 294 00:20:10,183 --> 00:20:12,182 If he brings it in, we'll talk about it then, 295 00:20:12,183 --> 00:20:15,342 then when it doesn't come in, you look like a hero. 296 00:20:15,343 --> 00:20:17,342 You look like you're real smart. 297 00:20:17,343 --> 00:20:19,102 For a change. 298 00:20:19,103 --> 00:20:20,501 THEY LAUGH 299 00:20:20,502 --> 00:20:22,022 Be nice! 300 00:20:25,222 --> 00:20:27,862 Moral support here is very important! 301 00:20:29,502 --> 00:20:33,141 This is going to be a long and arduous trial. 302 00:20:33,142 --> 00:20:36,701 He's only got one kidney. I'm sick. I'm sick. 303 00:20:36,702 --> 00:20:39,861 I just want you to understand that he makes these comments 304 00:20:39,862 --> 00:20:41,901 but you're the one that's going to prison. 305 00:20:41,902 --> 00:20:43,302 THEY LAUGH 306 00:20:53,701 --> 00:20:57,780 If it's coming in, that's a given... It's coming in. It's coming in. 307 00:20:57,781 --> 00:21:02,820 If that's the given, then I agree, you've got to go forward with it. 308 00:21:02,821 --> 00:21:05,820 My presumption right now 309 00:21:05,821 --> 00:21:10,740 is that I'm going to take on the Ratliff thing in some way. 310 00:21:10,741 --> 00:21:13,700 I'm going to, in some way, 311 00:21:13,701 --> 00:21:20,219 present to the jury that it's not fair to try this stuff in the media. 312 00:21:20,220 --> 00:21:21,779 It's not fair. 313 00:21:21,780 --> 00:21:26,659 It's not our way to dig up bodies two weeks before trial 314 00:21:26,660 --> 00:21:29,579 so that there's a whole bunch of publicity. 315 00:21:29,580 --> 00:21:33,139 That doesn't satisfy anybody's burden of proof. 316 00:21:33,140 --> 00:21:38,059 The only way you satisfy a burden of proof is by bringing in the witness. 317 00:21:38,060 --> 00:21:41,979 You have that presumption of innocence and a reasonable doubt. 318 00:21:41,980 --> 00:21:44,659 They've got to overcome that. 319 00:21:44,660 --> 00:21:48,979 The bar of reasonable doubt has been raised significantly now 320 00:21:48,980 --> 00:21:50,938 in the light of the Ratliff. 321 00:21:50,939 --> 00:21:54,658 So it's, instead of being there, which could play it safe, 322 00:21:54,659 --> 00:21:57,938 "Oh, well, they didn't prove this or these alternative things", 323 00:21:57,939 --> 00:22:01,658 with this "coincidence" it's now up to here. 324 00:22:01,659 --> 00:22:05,178 Anyway, all right, I think were done. 325 00:22:05,179 --> 00:22:08,178 You know, this was important for you all to be a part of. Yeah, I agree. 326 00:22:08,179 --> 00:22:10,338 So that you know what my thinking is, all right? 327 00:22:10,339 --> 00:22:14,458 I think this is what our thinking was all along. OK. All right. 328 00:22:14,459 --> 00:22:18,459 In terms of look and dress and that tomorrow... Right. 329 00:22:19,819 --> 00:22:24,977 ..your eyebrows need to be trimmed. OK. You need to be shaved. Right. 330 00:22:24,978 --> 00:22:28,497 You need to look neat, you need to look rested. All right? 331 00:22:28,498 --> 00:22:31,337 If you need to take a Valium... 332 00:22:31,338 --> 00:22:33,897 Sure. ..take a Valium, because you know what? 333 00:22:33,898 --> 00:22:37,737 You're not going to be needing to do anything other than sort of zone in. 334 00:22:37,738 --> 00:22:40,777 I know that. That's what I was... I don't have any Valium. 335 00:22:40,778 --> 00:22:43,097 You don't need to fall asleep. No, no, no. 336 00:22:43,098 --> 00:22:46,377 And also, the other thing is, you know, you're going to probably 337 00:22:46,378 --> 00:22:48,897 hear some things that are going to be hard to hear, 338 00:22:48,898 --> 00:22:52,016 and if somebody says, "Well, we think he's absolutely guilty 339 00:22:52,017 --> 00:22:54,216 "and why aren't they seeking the death penalty?" 340 00:22:54,217 --> 00:22:56,336 "Why don't we just lynch him right here?" Right. 341 00:22:56,337 --> 00:22:58,296 Yeah, you're not going to send them daggers, 342 00:22:58,297 --> 00:23:02,376 which you don't seem like the kind of person who would do that anyway. 343 00:23:02,377 --> 00:23:05,496 Yeah, and you know, the truth is, if somebody says that, 344 00:23:05,497 --> 00:23:10,136 the subliminal message, the body language message, needs to be 345 00:23:10,137 --> 00:23:13,136 "Thank you for being that honest." 346 00:23:13,137 --> 00:23:16,616 The other thing is, because of the Ratliff thing, 347 00:23:16,617 --> 00:23:19,376 it's very important for Martha and Margaret... 348 00:23:19,377 --> 00:23:21,135 They've got to be here the whole trial. 349 00:23:21,136 --> 00:23:24,095 ..to be here for the whole trial. Yeah, that worked out really nice. 350 00:23:24,096 --> 00:23:26,495 Because people have said in the open-ended question, 351 00:23:26,496 --> 00:23:29,815 one of the reasons they think you might not be guilty 352 00:23:29,816 --> 00:23:34,095 or that you have doubts, is that he has proclaimed his innocence, 353 00:23:34,096 --> 00:23:36,615 his lawyer is fighting, saying he's innocent 354 00:23:36,616 --> 00:23:38,496 and his family is sticking by him. 355 00:23:41,936 --> 00:23:45,335 Yeah, we were doing one of these corporate exercises 356 00:23:45,336 --> 00:23:47,215 with the executive staff where 357 00:23:47,216 --> 00:23:50,254 you're supposed to tell something personal about yourself. 358 00:23:50,255 --> 00:23:52,054 It's team-building, is what it is. 359 00:23:52,055 --> 00:23:55,174 Right. So one guy got up, actually a very good friend of mine, 360 00:23:55,175 --> 00:23:58,214 since left the company, but he said, "You know, I always wanted to... 361 00:23:58,215 --> 00:24:01,414 "I always wanted to be a lawyer. That was really what I wanted to do, 362 00:24:01,415 --> 00:24:04,094 "but then I found Jesus and I realised that 363 00:24:04,095 --> 00:24:07,854 "being a Christian and being a lawyer are completely incompatible." 364 00:24:07,855 --> 00:24:09,375 THEY LAUGH 365 00:24:15,655 --> 00:24:17,815 It's true. True. 366 00:24:19,135 --> 00:24:20,293 Yeah. 367 00:24:20,294 --> 00:24:22,133 Oh, God. 368 00:24:22,134 --> 00:24:24,773 So you mean I have really got to shut my mind off now, 369 00:24:24,774 --> 00:24:26,613 basically for two months. 370 00:24:26,614 --> 00:24:29,373 You can't read a book. You can't bring a book up to the... 371 00:24:29,374 --> 00:24:31,853 HE LAUGHS 372 00:24:31,854 --> 00:24:34,413 Video game? 373 00:24:34,414 --> 00:24:37,213 I mean, you're just supposed to sit there and look... 374 00:24:37,214 --> 00:24:39,213 And don't stare at the jury. 375 00:24:39,214 --> 00:24:40,934 Don't stare at the jury? Yeah. 376 00:24:43,254 --> 00:24:45,613 Because it looks like you're soliciting them. 377 00:24:45,614 --> 00:24:46,773 HE SIGHS 378 00:24:46,774 --> 00:24:48,013 They'll be looking at you a lot. 379 00:24:48,014 --> 00:24:49,733 That's one thing you have to remember, 380 00:24:49,734 --> 00:24:53,772 they are assessing your behaviour and conduct. They form opinions... 381 00:24:53,773 --> 00:24:56,412 Dear God. ..about how you behave.. Could I get a double? 382 00:24:56,413 --> 00:24:58,612 LAUGHS: Just to stand there! 383 00:24:58,613 --> 00:25:00,693 Saddam Hussein double for me! 384 00:25:02,013 --> 00:25:03,293 Oh, God! 385 00:25:05,733 --> 00:25:07,092 Mm. 386 00:25:07,093 --> 00:25:09,732 I could sit in a dark, quiet room for two months, you know, 387 00:25:09,733 --> 00:25:12,172 Goethe used to say that was the test of a man. 388 00:25:12,173 --> 00:25:15,693 That if you could go, you could lock a man up in a dark room... 389 00:25:17,253 --> 00:25:20,331 With nothing... With nothing to read, nothing to do, 390 00:25:20,332 --> 00:25:23,131 nothing, just his own thoughts. 391 00:25:23,132 --> 00:25:26,731 That was Goethe's test of a man 392 00:25:26,732 --> 00:25:29,851 and I'd think, "Well, hell, anybody can do that." 393 00:25:29,852 --> 00:25:33,611 I think, no, he needs to rethink that. The real test of a man is 394 00:25:33,612 --> 00:25:36,931 to be able to sit there and listen to Jim Hardin and Orlando Hudson. 395 00:25:36,932 --> 00:25:38,292 THEY LAUGH 396 00:25:44,572 --> 00:25:50,011 The range is going to go from 39 to... 51. ..51. 397 00:25:50,012 --> 00:25:52,930 71, 72... 398 00:25:52,931 --> 00:25:54,810 61 to 72? Right. 399 00:25:54,811 --> 00:25:58,370 That's these. They're in order. OK, those are in order. 400 00:25:58,371 --> 00:26:01,650 And then I'm going to go through a whole long thing 401 00:26:01,651 --> 00:26:05,250 about the relationship and I'm going to take them back to 1988 402 00:26:05,251 --> 00:26:08,890 and 1989 and 1992 and 1997, 403 00:26:08,891 --> 00:26:10,610 and then I'm going to say, 404 00:26:10,611 --> 00:26:13,810 "And together, they built a family 405 00:26:13,811 --> 00:26:18,770 "out of the various strands of their prior families." 406 00:26:18,771 --> 00:26:21,209 Wait, wait. Hold on. 407 00:26:21,210 --> 00:26:24,169 I don't want to have that bar up there, because it's going to 408 00:26:24,170 --> 00:26:25,929 distract them from what I'm saying. 409 00:26:25,930 --> 00:26:28,529 Can you just keep it black screen until I go to your cue, 410 00:26:28,530 --> 00:26:30,009 and then pop up with the picture? 411 00:26:30,010 --> 00:26:31,569 Right, you want the picture first? 412 00:26:31,570 --> 00:26:34,649 I want the picture. Yeah. OK, let's go back to the black screen. 413 00:26:34,650 --> 00:26:36,449 What is that thing in the middle there? 414 00:26:36,450 --> 00:26:40,089 That's just a default bar that doesn't have to show at all. 415 00:26:40,090 --> 00:26:41,329 I don't want it showing. OK. 416 00:26:41,330 --> 00:26:43,769 I can't get rid of it right now but I... OK, yeah, 417 00:26:43,770 --> 00:26:46,249 let's get rid of the bar. Yeah. OK? 418 00:26:46,250 --> 00:26:50,089 And what I'd do like to do is, um... 419 00:26:51,809 --> 00:26:53,048 When I... 420 00:26:53,049 --> 00:26:55,009 PHONE VIBRATES 421 00:27:01,489 --> 00:27:04,528 It's just my telephone. Sorry. 422 00:27:04,529 --> 00:27:05,889 When I say... 423 00:27:07,729 --> 00:27:10,288 .."Together, they built a family 424 00:27:10,289 --> 00:27:14,088 "out of the various strands of their prior families. Caitlin..." 425 00:27:14,089 --> 00:27:16,448 No, wait till I... Yeah, but I want to get a black screen. 426 00:27:16,449 --> 00:27:18,168 That's right, I want to go black screen. 427 00:27:18,169 --> 00:27:21,247 OK, can you turn it on before I even get up to speak? 428 00:27:21,248 --> 00:27:25,008 And then go to black screen so we don't have to see that thing again. 429 00:27:27,288 --> 00:27:30,487 Blacker... Do you mean, you mean this... 430 00:27:30,488 --> 00:27:32,087 You want that without this? 431 00:27:32,088 --> 00:27:34,327 Can you lose that? Yes, I can lose it. 432 00:27:34,328 --> 00:27:36,207 I can't lose it right now but I can lose a... 433 00:27:36,208 --> 00:27:39,487 OK, but what I'm saying is... Could you just go... 434 00:27:39,488 --> 00:27:42,087 Can you lose the whole thing so it's just a black screen 435 00:27:42,088 --> 00:27:43,847 and then it goes to the picture? 436 00:27:43,848 --> 00:27:47,007 Yes, and it looks like that. Yeah, that's all I want. OK. 437 00:27:47,008 --> 00:27:49,527 And then the next picture comes up. 438 00:27:49,528 --> 00:27:52,126 When I say, "Together they built a family out of the various 439 00:27:52,127 --> 00:27:54,686 "strands of their prior families..." Yeah. 440 00:27:54,687 --> 00:27:56,766 I'm leaving. Do you all need anything? 441 00:27:56,767 --> 00:27:58,966 No, we're great, thank you very much. Goodnight. 442 00:27:58,967 --> 00:28:00,326 "Out of the prior strands... 443 00:28:00,327 --> 00:28:03,166 "Out of the various strands of their prior families" - put it up. 444 00:28:03,167 --> 00:28:06,326 OK, so they have something to look it. Exactly. Yeah. 445 00:28:06,327 --> 00:28:12,566 "We can see that the laceration on the left, the V-shaped one, 446 00:28:12,567 --> 00:28:15,606 "is consistent with that corner. The last..." 447 00:28:15,607 --> 00:28:17,926 PHONE VIBRATES 448 00:28:17,927 --> 00:28:19,966 My telephone. OK. 449 00:28:19,967 --> 00:28:24,325 "The last impact that you saw on that..." 450 00:28:24,326 --> 00:28:26,725 Um, we've got a little situation going on. 451 00:28:26,726 --> 00:28:29,405 We've got smoke in the building downstairs. OK. 452 00:28:29,406 --> 00:28:30,925 So we're unable to... 453 00:28:30,926 --> 00:28:33,325 If you can wrap it up today, 454 00:28:33,326 --> 00:28:35,365 how much longer do you think you're going to be? 455 00:28:35,366 --> 00:28:38,045 We're going to have to do an evacuation. 456 00:28:38,046 --> 00:28:41,485 We don't know yet, we haven't found it yet. We're looking for it. 457 00:28:41,486 --> 00:28:44,405 OK, well, if we have to evacuate, we're just going to have to... 458 00:28:44,406 --> 00:28:48,525 We'll do our best, but just let us know. All right. Just wanted to... 459 00:28:48,526 --> 00:28:51,724 I appreciate it. If you see people running... OK, thank you. 460 00:28:51,725 --> 00:28:56,324 "The bottoms of her feet were covered in blood 461 00:28:56,325 --> 00:28:58,924 "and how do we know that? There's a photo of it." 462 00:28:58,925 --> 00:29:01,684 Do you want it right now? Yes. Do you want to prepare them for it? 463 00:29:01,685 --> 00:29:03,284 No, no, no. 464 00:29:03,285 --> 00:29:04,845 Well, that doesn't work. 465 00:29:09,925 --> 00:29:12,965 That doesn't work at all. We've got this one. Whoops. 466 00:29:14,285 --> 00:29:15,564 No. 467 00:29:15,565 --> 00:29:17,685 If one is off, they're all going to be off. 468 00:29:19,845 --> 00:29:23,003 And then I can put them in proper order... This is how it needs to be. 469 00:29:23,004 --> 00:29:27,003 It's... I do understand that. It's right there. I know that. 470 00:29:27,004 --> 00:29:29,643 I know what I did wrong while I was doing it on the fly 471 00:29:29,644 --> 00:29:32,363 before we started this. I know what I did wrong. 472 00:29:32,364 --> 00:29:35,403 I made an error when I loaded them in. 473 00:29:35,404 --> 00:29:38,843 Right now, right now... This system sucks 474 00:29:38,844 --> 00:29:41,883 because I've done it with presentation group 475 00:29:41,884 --> 00:29:45,603 and I had none of these problems. 476 00:29:45,604 --> 00:29:46,963 None. 477 00:29:46,964 --> 00:29:48,484 None, none. 478 00:29:49,963 --> 00:29:52,362 And I am fucking pissed 479 00:29:52,363 --> 00:29:56,522 because it's 7:20 the night before my opening 480 00:29:56,523 --> 00:29:58,923 and you're fucking around with this. 481 00:30:00,643 --> 00:30:04,682 One of these documents is apparently out of order. I just don't know... 482 00:30:04,683 --> 00:30:08,882 I cannot give you the documents in the order that you want them. 483 00:30:08,883 --> 00:30:12,682 All I can do right now is go through. I guarantee you... 484 00:30:12,683 --> 00:30:15,082 No, I don't want a guarantee. ..they will be there. 485 00:30:15,083 --> 00:30:17,482 I want to see it on the screen, 486 00:30:17,483 --> 00:30:21,001 so I don't give a shit if we're here all fucking night. 487 00:30:21,002 --> 00:30:25,442 Well, I'm not sure that they will be either. I think so but I don't know. 488 00:30:27,042 --> 00:30:28,522 HE SIGHS 489 00:30:42,922 --> 00:30:48,201 This case is no more and no longer about Kathleen. 490 00:30:48,202 --> 00:30:51,280 The DA has to win. That's it. 491 00:30:51,281 --> 00:30:54,640 He doesn't care how, and basically, by the same token, 492 00:30:54,641 --> 00:30:57,240 my lawyer, they want to win. 493 00:30:57,241 --> 00:31:00,200 Truth is lost in all of this now. 494 00:31:00,201 --> 00:31:03,000 Truth is of no meaning whatsoever. 495 00:31:03,001 --> 00:31:07,040 This has become a show and it has got its own momentum 496 00:31:07,041 --> 00:31:09,120 and we're just going along. 497 00:31:09,121 --> 00:31:12,800 I don't think the DA cares about the truth any more. 498 00:31:12,801 --> 00:31:17,680 All he wants to do is win, and I understand that. I mean, sure. 499 00:31:17,681 --> 00:31:22,319 In the same way with David, he wants to win. 500 00:31:22,320 --> 00:31:25,879 Well, I want to win too, but I'm still very concerned about 501 00:31:25,880 --> 00:31:29,840 the reality of what happened that night. 502 00:31:51,679 --> 00:31:53,079 Hey, guys. 503 00:32:01,399 --> 00:32:03,158 Where's Mike? 504 00:32:03,159 --> 00:32:05,638 What's that? They just hit a stop light. OK, I'll wait. 505 00:32:05,639 --> 00:32:06,919 I'll wait, I'll wait. 506 00:32:14,399 --> 00:32:16,759 Be nice. Be calm. 507 00:32:19,719 --> 00:32:21,277 You all right? Yeah, yeah. 508 00:32:21,278 --> 00:32:22,918 Pretty good. How you doing? Yeah. 509 00:32:39,358 --> 00:32:41,557 It's OK. You want me to get that, Dad? What's that? 510 00:32:41,558 --> 00:32:42,878 You want me to get that? 511 00:32:44,718 --> 00:32:46,638 INDISTINCT 512 00:32:58,077 --> 00:33:01,556 All right, Chris, we're going to see if you can beat us upstairs now. 513 00:33:01,557 --> 00:33:03,197 We got a crew on that. Ah... 514 00:33:11,317 --> 00:33:12,557 Hey. 515 00:33:13,877 --> 00:33:15,636 Thanks. OK, all right. 516 00:33:15,637 --> 00:33:17,476 All right, that's fine, that's fine. 517 00:33:17,477 --> 00:33:19,036 All right, Hart. 518 00:33:19,037 --> 00:33:22,075 See you up there, buddy. Run up now. 519 00:33:22,076 --> 00:33:24,636 Want to see you as I get out of the elevator. 520 00:33:26,236 --> 00:33:28,075 Come on, come on, come on, come on. 521 00:33:28,076 --> 00:33:31,995 Start with the 911 and then... After the... After the... 522 00:33:31,996 --> 00:33:35,195 ..last headshot, then get the movie ready. Right. 523 00:33:35,196 --> 00:33:37,516 After the third laceration shot. Right. 524 00:33:44,756 --> 00:33:46,475 Yo, buddy. 525 00:33:46,476 --> 00:33:49,596 THEY TALK QUIETLY 526 00:33:59,915 --> 00:34:01,915 SHUTTERS CLICK 527 00:34:21,354 --> 00:34:23,234 Good morning to each of you. 528 00:34:24,914 --> 00:34:27,553 The core issues are simple 529 00:34:27,554 --> 00:34:30,434 but everything else about this case isn't. 530 00:34:31,434 --> 00:34:36,314 In a very real sense, this case is about pretence and appearances. 531 00:34:37,954 --> 00:34:42,553 The defendant says that Kathleen Peterson's death was caused by 532 00:34:42,554 --> 00:34:47,033 a tragic accidental fall downstairs in their home 533 00:34:47,034 --> 00:34:52,192 and we say, on the other hand, that she died a horrible, painful death 534 00:34:52,193 --> 00:34:54,912 at the hands of her husband, Michael Peterson. 535 00:34:54,913 --> 00:34:59,432 I've selected a couple of pictures for you that really in my mind 536 00:34:59,433 --> 00:35:02,472 show this diametric opposition. 537 00:35:02,473 --> 00:35:06,472 The first photograph I'm going to show you is of Kathleen. 538 00:35:06,473 --> 00:35:11,432 This would have been taken, this is how she would have looked 539 00:35:11,433 --> 00:35:14,352 prior to December 9th of 2001, 540 00:35:14,353 --> 00:35:18,432 had you seen her in her home or possibly at work. 541 00:35:18,433 --> 00:35:23,351 You can see from this photograph, you can feel from this photograph, 542 00:35:23,352 --> 00:35:28,351 that she's a very genteel, warm person. 543 00:35:28,352 --> 00:35:33,031 Now, on December 9th of 2001, 544 00:35:33,032 --> 00:35:34,631 at 2:48, 545 00:35:34,632 --> 00:35:38,391 when EMS personnel first arrive, 546 00:35:38,392 --> 00:35:42,192 they see Kathleen Peterson in a completely different way. 547 00:35:43,592 --> 00:35:46,872 They see her lying at the bottom of her steps... 548 00:35:49,512 --> 00:35:51,631 ..just as you see in this photograph. 549 00:35:54,031 --> 00:35:59,950 Now, later that day, after her body has been removed from the home, 550 00:35:59,951 --> 00:36:02,950 she's taken to the medical examiner's office. 551 00:36:02,951 --> 00:36:06,910 This is one of the first photographs taken of her 552 00:36:06,911 --> 00:36:12,950 as she's lying on a steel gurney in the medical examiner's office 553 00:36:12,951 --> 00:36:15,430 after they've shaved her head 554 00:36:15,431 --> 00:36:18,751 so that they can determine where the wounds are. 555 00:36:21,790 --> 00:36:25,429 This is where the rubber meets the road, ladies and gentlemen. 556 00:36:25,430 --> 00:36:27,509 They say it's an accident 557 00:36:27,510 --> 00:36:31,949 that was caused by a couple of falls in that stairway 558 00:36:31,950 --> 00:36:33,909 and we say it's not. 559 00:36:33,910 --> 00:36:35,390 We say it's murder. 560 00:36:41,550 --> 00:36:44,189 You heard Mr Rudolf talk with you 561 00:36:44,190 --> 00:36:47,709 about the fact that we didn't have a weapon. 562 00:36:47,710 --> 00:36:49,549 That's true. 563 00:36:49,550 --> 00:36:52,268 We don't have the actual implement 564 00:36:52,269 --> 00:36:55,869 that Mike Peterson used to cause this injury. 565 00:36:58,029 --> 00:37:02,669 Wounding, lacerations to the back of Kathleen's head. 566 00:37:03,709 --> 00:37:05,988 But we have an identical replica. 567 00:37:05,989 --> 00:37:08,148 Where did we get it? 568 00:37:08,149 --> 00:37:11,908 Kathleen's sister Candace gave several family members 569 00:37:11,909 --> 00:37:14,348 a blow poker just like this one. 570 00:37:14,349 --> 00:37:16,268 Kathleen had had this in her home 571 00:37:16,269 --> 00:37:18,468 for years and years and years and years, 572 00:37:18,469 --> 00:37:22,628 but mysteriously, on December 9th, it's gone. 573 00:37:24,148 --> 00:37:27,187 It's hollow, it's light, 574 00:37:27,188 --> 00:37:32,867 it's easily used and we will contend to you this, or something like this, 575 00:37:32,868 --> 00:37:36,828 is the article that was used to inflict these wounds. 576 00:37:40,548 --> 00:37:43,627 The blow poker that had been given to Kathleen 577 00:37:43,628 --> 00:37:48,227 15 years before, apparently, and is now mysteriously missing - 578 00:37:48,228 --> 00:37:51,147 we'll hear about whether it's mysterious or not. 579 00:37:52,307 --> 00:37:55,546 They didn't find any murder weapon. 580 00:37:55,547 --> 00:37:56,986 Nothing was found. 581 00:37:56,987 --> 00:38:00,506 Where did it go? Where did this blow poker go? 582 00:38:00,507 --> 00:38:03,506 They searched his cars. There wasn't any blood in the cars. 583 00:38:03,507 --> 00:38:06,826 They went all around the house, there wasn't any blood upstairs, 584 00:38:06,827 --> 00:38:09,706 he didn't change his clothes, he didn't... 585 00:38:09,707 --> 00:38:12,146 Where did he get rid of it? 586 00:38:12,147 --> 00:38:13,347 And when? 587 00:38:14,867 --> 00:38:16,666 That's left mysterious, 588 00:38:16,667 --> 00:38:20,385 but we don't convict people based on mysterious here. 589 00:38:20,386 --> 00:38:25,906 I mean, can you imagine somebody beating somebody over the head... 590 00:38:27,426 --> 00:38:29,225 ..whacking them as hard as they can? 591 00:38:29,226 --> 00:38:30,705 Because you don't whack someone, 592 00:38:30,706 --> 00:38:34,185 you don't whack somebody like this when you're trying to kill them. 593 00:38:34,186 --> 00:38:38,385 Imagine that there's no skull fracture, 594 00:38:38,386 --> 00:38:41,065 there's no brain contusions, 595 00:38:41,066 --> 00:38:43,425 there's no swelling of the brain, 596 00:38:43,426 --> 00:38:46,465 there's none of the internal haemorrhages, subdurals, 597 00:38:46,466 --> 00:38:50,424 things like that, that you would see from that kind of injury. 598 00:38:50,425 --> 00:38:52,545 No. None of them. 599 00:38:53,545 --> 00:38:58,824 We intend to show you during this trial, to the best of our ability, 600 00:38:58,825 --> 00:39:05,384 what happened in that stairway on December 9th was a tragic accident, 601 00:39:05,385 --> 00:39:08,185 an accident that left Michael Peterson... 602 00:39:10,265 --> 00:39:12,824 ..not a wealthy man but a very poor man, 603 00:39:12,825 --> 00:39:17,064 in the thing that was most important to him. 604 00:39:17,065 --> 00:39:21,384 It left him without his soul mate. 605 00:39:24,504 --> 00:39:27,543 Kathleen and Michael connected in a way that... 606 00:39:27,544 --> 00:39:33,463 that a few people who are really, really lucky in life 607 00:39:33,464 --> 00:39:36,223 have a chance to connect. 608 00:39:36,224 --> 00:39:39,704 And they built a family, the two of them... 609 00:39:41,264 --> 00:39:46,264 ..built a family out of the strands of their prior families. 610 00:39:48,904 --> 00:39:51,422 Todd on the left, 611 00:39:51,423 --> 00:39:55,782 Kathleen and Michael, Margaret sort of peeking out from the back there, 612 00:39:55,783 --> 00:39:59,463 Caitlin in the front, Clayton and Martha. 613 00:40:00,823 --> 00:40:04,582 What kept them together, what caused them to build that, 614 00:40:04,583 --> 00:40:10,463 was a love that absolutely everyone who saw them or knew them... 615 00:40:12,743 --> 00:40:16,663 ..understood and recognised and envied. 616 00:40:17,903 --> 00:40:21,381 Listen to how Caitlin Atwater, 617 00:40:21,382 --> 00:40:24,981 who unfortunately now sits on opposite sides - 618 00:40:24,982 --> 00:40:27,621 and that's one of the real tragedies of this case - 619 00:40:27,622 --> 00:40:29,581 listen to how she described 620 00:40:29,582 --> 00:40:32,461 what Michael Peterson meant to her mother. 621 00:40:32,462 --> 00:40:38,981 This is from 1999. "Michael Peterson stopped my mother's tears. 622 00:40:38,982 --> 00:40:42,861 "I used to sit at the top of the stairs leaning through the banister 623 00:40:42,862 --> 00:40:46,341 "and listen to my mother sob every night 624 00:40:46,342 --> 00:40:49,860 "for a year after my father left. 625 00:40:49,861 --> 00:40:52,740 "My father had torn her apart, 626 00:40:52,741 --> 00:40:56,860 "crushing her shell and the illusion in which she lived, 627 00:40:56,861 --> 00:41:00,260 "destroying her dignity and pride, 628 00:41:00,261 --> 00:41:05,700 "but Mike was able to restore her strength and confidence 629 00:41:05,701 --> 00:41:09,541 "and to show her that she could find true love. 630 00:41:10,941 --> 00:41:17,860 "From the beginning, I was in debt to Mike in my heart and mind 631 00:41:17,861 --> 00:41:21,340 "for bringing back my mother's happiness." 632 00:41:24,020 --> 00:41:27,379 You know, if the prosecution is correct, 633 00:41:27,380 --> 00:41:32,859 how do we go from soul mate and lover 634 00:41:32,860 --> 00:41:35,419 to cold-blooded murderer? 635 00:41:35,420 --> 00:41:37,139 How does that happen? 636 00:41:37,140 --> 00:41:40,099 Well, the answer is very simple. You don't. 637 00:41:40,100 --> 00:41:43,259 The truth is that Kathleen Peterson, 638 00:41:43,260 --> 00:41:46,059 after drinking some wine and some champagne 639 00:41:46,060 --> 00:41:48,019 and taking some Valium, 640 00:41:48,020 --> 00:41:53,138 tried to walk up a narrow, poorly lit stairway in flip-flops 641 00:41:53,139 --> 00:41:55,939 and she fell and she bled to death. 642 00:41:58,859 --> 00:42:02,658 What Michael Peterson brought to Kathleen Peterson 643 00:42:02,659 --> 00:42:05,819 was true happiness over 13 years. 644 00:42:10,219 --> 00:42:13,538 That's the picture. 645 00:42:13,539 --> 00:42:14,939 That's not posed. 646 00:42:16,739 --> 00:42:19,579 That's Kathleen sitting on Michael's lap. 647 00:42:20,738 --> 00:42:27,257 Now, what you see there is the happiness that she felt with him 648 00:42:27,258 --> 00:42:30,498 and that he felt with her. 649 00:42:33,218 --> 00:42:36,777 Everyone who really knew that relationship, 650 00:42:36,778 --> 00:42:42,378 everyone who knew them, knew that they loved each other. 651 00:42:43,698 --> 00:42:47,577 Everyone who knew them 652 00:42:47,578 --> 00:42:52,536 knows that Michael Peterson had nothing to do with 653 00:42:52,537 --> 00:42:55,217 the death of Kathleen Peterson. 654 00:42:57,177 --> 00:42:59,337 And at the end of all the evidence... 655 00:43:00,417 --> 00:43:04,656 ..I'm going to ask the 12 of you to come back and return a verdict 656 00:43:04,657 --> 00:43:09,096 that will in fact speak the truth in this case - 657 00:43:09,097 --> 00:43:11,456 a verdict of not guilty. 658 00:43:11,457 --> 00:43:12,777 Thank you. 659 00:43:14,457 --> 00:43:15,976 All right, members of the jury, 660 00:43:15,977 --> 00:43:18,936 we're going to take our lunch break at this point. 661 00:43:18,937 --> 00:43:22,136 Mr Deputy, 1:30. All stand. 662 00:43:23,576 --> 00:43:24,935 Oyez, oyez, oyez. 663 00:43:24,936 --> 00:43:27,935 The Court of the County of Durham is in recess until 1:30 this afternoon. 664 00:43:27,936 --> 00:43:30,096 God save the state and this honourable court. 55626

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