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Boy, is that ever incendiary, right?
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Jesus Christ.
3
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Yes, it is.
4
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That's just an outrage.
5
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That's just a fucking outrage.
6
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Hey, how are you?
Er, we just got the autopsy report.
7
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Give me your fax number
so I can fax it to you.
8
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Yes, ma'am.
9
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Right.
10
00:02:06,739 --> 00:02:11,498
8722. I'll fax it right now
and then, er...
11
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I'll call you back.
12
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Oh, Jesus!
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Me again.
14
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I'm going to fax...uh,
we just got the autopsy report.
15
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Can I fax it to you?
Are you at your office?
16
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I have to go back to court at 2.30,
17
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and the press is trying
to unseal this thing,
18
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so I need to talk with you some
before 2.30.
19
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OK. I'll get it to you right away.
20
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Thank you. Bye-bye.
21
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Hey. I got this autopsy
on this Germany thing.
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As soon as you take a look at it,
would you call me?
23
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Well, they concluded these injuries
were as a result
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of a homicidal attack, so I need
for you to take a look at this.
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MUTTERING
26
00:03:10,177 --> 00:03:13,216
I mean, I've read... How many
autopsies we read? Never seen that.
27
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Never.
28
00:03:15,857 --> 00:03:19,617
Hi, is John around, please?
Thank you.
29
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Dave Rudolf.
30
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I've got a question for you.
31
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I've read 260 autopsies
from blunt trauma to the head
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and never once did I see
any of your people say,
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"The inflicted trauma is clearly
from a homicidal assault."
34
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Um...
35
00:03:42,096 --> 00:03:47,055
All right, well, could you
call me back after you get done?
36
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Yeah, I appreciate it. Thanks.
37
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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
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that she called her mother,
complaining of headaches.
45
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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
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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
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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
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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
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00:05:24,132 --> 00:05:26,611
the result of several blows
to the head,
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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...
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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
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00:08:33,366 --> 00:08:36,366
that they're both found
at the bottom of stairs...
122
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You get a false impression,
I think a misleading impression...
123
00:08:58,325 --> 00:08:59,724
Yeah, I was surprised
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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
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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.
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00:12:31,678 --> 00:12:36,118
In my opinion, the '85 death...
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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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