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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.
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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
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8722. I'll fax it right now
and then, er...
11
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I'll call you back.
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Oh, Jesus!
13
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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.
22
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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
00:03:09,577 --> 00:03:12,616
I mean, I've read... How many
autopsies we read? Never seen that.
27
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Never.
28
00:03:15,257 --> 00:03:19,017
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.
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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."
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Um...
35
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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
00:04:02,295 --> 00:04:07,894
I just know that, um,
my mom died in '85.
39
00:04:07,895 --> 00:04:12,735
Think it was the winter of '85,
and, um...
40
00:04:14,335 --> 00:04:16,134
..she...she...
41
00:04:16,135 --> 00:04:18,614
I know that she died
of a brain haemorrhage.
42
00:04:18,615 --> 00:04:20,853
She had been having
many headaches before.
43
00:04:20,854 --> 00:04:23,773
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
00:04:30,294 --> 00:04:32,413
Neither does Martha.
47
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Um...so she didn't want to go see
one, no matter how much, you know...
48
00:04:37,054 --> 00:04:41,773
Mike and Patty, I guess,
told her to go
49
00:04:41,774 --> 00:04:45,093
and she basically died
50
00:04:45,094 --> 00:04:48,333
before she even hit
the bottom of the stairs
51
00:04:48,334 --> 00:04:52,172
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
00:04:55,413 --> 00:04:57,172
but at the same time,
54
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the two things they had in common
besides being my mothers were
55
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that Dad loved them both
very, very, very much,
56
00:05:04,333 --> 00:05:07,932
and he would have never,
ever hurt either of them,
57
00:05:07,933 --> 00:05:12,652
so I think that's what they have in
common more than anything malicious.
58
00:05:12,653 --> 00:05:14,572
So...
59
00:05:14,573 --> 00:05:16,972
The autopsy report released
this afternoon
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00:05:16,973 --> 00:05:19,732
details how this
woman died more than a decade ago.
61
00:05:19,733 --> 00:05:23,531
The Ratliff autopsy report says
her fatal wounds appear to be
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the result of several blows
to the head,
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00:05:26,012 --> 00:05:29,131
injuries that happened
while Ratliff was still alive.
64
00:05:29,132 --> 00:05:32,611
The conclusion - those injuries
came from a homicidal assault.
65
00:05:32,612 --> 00:05:35,291
That's inflammatory.
That's not a doctor...
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00:05:35,292 --> 00:05:37,371
That's what a jury determines.
67
00:05:37,372 --> 00:05:39,411
Now the Peterson defence team
68
00:05:39,412 --> 00:05:43,171
hopes this report will not prejudice
a potential jury.
69
00:05:43,172 --> 00:05:45,771
All right,
it gets curioser and curioser.
70
00:05:45,772 --> 00:05:48,611
You can read the entire
autopsy report on our website
71
00:05:48,612 --> 00:05:50,371
at abc11tv.com.
72
00:05:54,411 --> 00:05:58,130
I've had one of my biggest fuckings
in court ever.
73
00:05:58,131 --> 00:06:00,850
The judge unsealed all this stuff,
74
00:06:00,851 --> 00:06:03,250
you know, this new autopsy.
75
00:06:03,251 --> 00:06:07,210
The headlines tonight are,
"Homicidal Assault".
76
00:06:07,211 --> 00:06:09,050
Just outrageous.
77
00:06:09,051 --> 00:06:12,130
Anyway, I think I'm going to need
to call these people
78
00:06:12,131 --> 00:06:14,730
as witnesses on Wednesday,
and I think I'm going to need
79
00:06:14,731 --> 00:06:17,850
your presence here
to help me cross-examine them.
80
00:06:17,851 --> 00:06:22,129
Yeah, and we're going to have...
you know, I'm going to have
81
00:06:22,130 --> 00:06:25,969
to cross-examine them pretty
vigorously, I think, so... Yes.
82
00:06:25,970 --> 00:06:28,049
Yes, I want you to be there
when he testifies
83
00:06:28,050 --> 00:06:29,610
so that we can cross-examine him.
84
00:06:30,610 --> 00:06:33,169
All right?
85
00:06:33,170 --> 00:06:35,809
Well, if this is admitted
the way it stands,
86
00:06:35,810 --> 00:06:39,089
the one we got from the medical
examiner, will that hurt your case?
87
00:06:39,090 --> 00:06:41,489
Well, keep in mind it's not...
This doesn't get admitted.
88
00:06:41,490 --> 00:06:45,209
Somebody's going to have to get up
on the witness stand and testify,
89
00:06:45,210 --> 00:06:48,689
and that's really the unfairness
of this current procedure -
90
00:06:48,690 --> 00:06:51,928
what gets released
to the public right now
91
00:06:51,929 --> 00:06:56,008
is simply a one-sided report
that we haven't had
92
00:06:56,009 --> 00:06:58,168
a chance to ask any questions about,
93
00:06:58,169 --> 00:07:03,408
and I think that's part of the
problem here is that all that
94
00:07:03,409 --> 00:07:07,368
gets put into the news media is,
you know,
95
00:07:07,369 --> 00:07:14,128
a fairly inflammatory statement
that is completely unnecessary
96
00:07:14,129 --> 00:07:19,408
to the autopsy findings, and were
just sort of gratuitous, and,
97
00:07:19,409 --> 00:07:21,247
you know, I don't blame you guys.
98
00:07:21,248 --> 00:07:22,767
It was put in there because
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00:07:22,768 --> 00:07:25,647
that's exactly what you guys
would gravitate to.
100
00:07:25,648 --> 00:07:29,607
Those aren't really lined up the
way... They're not anything like...
101
00:07:29,608 --> 00:07:32,527
They are, interestingly enough,
mainly curved in some way.
102
00:07:32,528 --> 00:07:34,327
I don't know
the significance of that.
103
00:07:34,328 --> 00:07:36,967
This one, this one, this one,
curved...
104
00:07:36,968 --> 00:07:41,447
This is kind of curved with a split.
Kathleen's or...
105
00:07:41,448 --> 00:07:43,967
It's almost like something...
106
00:07:43,968 --> 00:07:47,007
I don't know what caused
this curvature, for example.
107
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Is that indicative of something?
108
00:07:49,328 --> 00:07:55,087
Can only Kathleen...? Let's get
her... Let's get her autopsy.
109
00:08:03,607 --> 00:08:05,687
That... That's the same?
110
00:08:07,527 --> 00:08:09,286
The truth is,
these are spread out more.
111
00:08:09,287 --> 00:08:10,646
You've got the top of the head,
112
00:08:10,647 --> 00:08:12,606
you've got the hair,
you've got the left...
113
00:08:12,607 --> 00:08:15,366
Oh, yeah, you've also got bruising
on the back of the neck,
114
00:08:15,367 --> 00:08:17,246
which would be indicative of...
115
00:08:17,247 --> 00:08:18,766
Falling. Falling, right.
116
00:08:18,767 --> 00:08:22,045
The top... How do you bang someone
in the top of the head? What?
117
00:08:22,046 --> 00:08:26,085
You know, this is supposed
to be a signature thing.
118
00:08:26,086 --> 00:08:30,205
You know, there's supposed to be
some way in which these are similar.
119
00:08:30,206 --> 00:08:31,645
How does one...
120
00:08:31,646 --> 00:08:32,765
Other than the fact
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00:08:32,766 --> 00:08:35,766
that they're both found
at the bottom of stairs...
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00:08:54,645 --> 00:08:57,724
You get a false impression,
I think a misleading impression...
123
00:08:57,725 --> 00:08:59,124
Yeah, I was surprised
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00:08:59,125 --> 00:09:02,764
when I saw the photographs
how close together they were.
125
00:09:02,765 --> 00:09:07,324
Those look like pattern injuries
or crescent-shaped things
126
00:09:07,325 --> 00:09:08,964
from some sort of instrument.
127
00:09:08,965 --> 00:09:12,244
When you look at the photographs,
I don't get that impression at all.
128
00:09:12,245 --> 00:09:13,405
No, no, not at all.
129
00:09:26,684 --> 00:09:30,243
Yeah, looking at the sketch, this...
it doesn't work for me.
130
00:09:30,244 --> 00:09:33,563
I mean, the pictures,
that's the work of...
131
00:09:33,564 --> 00:09:35,643
The sketch is just simply that,
132
00:09:35,644 --> 00:09:42,364
but I don't think they truly reflect
very well what is in these pictures.
133
00:09:45,924 --> 00:09:48,323
Here. The correspondence...
134
00:09:48,324 --> 00:09:52,122
I mean, if that's what they're
relying on to reconstruct
135
00:09:52,123 --> 00:09:55,642
and to draw conclusions on...
this is very misleading.
136
00:09:55,643 --> 00:09:57,922
The diagram is very misleading.
Cos of...
137
00:09:57,923 --> 00:10:02,482
These look like they're linear,
linear and simple.
138
00:10:02,483 --> 00:10:04,042
These are not simple.
139
00:10:04,043 --> 00:10:08,202
They're very complex,
and when you do this sort of thing,
140
00:10:08,203 --> 00:10:13,162
what sort of impacts produce
scalp lacerations like that?
141
00:10:13,163 --> 00:10:16,482
Yeah. Probably not blows. I mean,
what instrument would do that?
142
00:10:16,483 --> 00:10:18,242
Ah, I see.
143
00:10:18,243 --> 00:10:23,681
These are more characteristic of
impacts where the skin just splits.
144
00:10:23,682 --> 00:10:25,002
Right.
145
00:10:26,842 --> 00:10:29,481
Well, the hearing tomorrow,
on Ratliff,
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00:10:29,482 --> 00:10:32,681
I think is probably
the most important hearing,
147
00:10:32,682 --> 00:10:36,521
may very well be
the most important day in court
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00:10:36,522 --> 00:10:38,961
that we have in this entire case.
149
00:10:38,962 --> 00:10:43,001
I think that the evidence
about the death in Germany,
150
00:10:43,002 --> 00:10:44,961
if it comes in,
151
00:10:44,962 --> 00:10:49,161
will have a substantial impact
even subconsciously
152
00:10:49,162 --> 00:10:53,360
on how the jurors
evaluate the evidence in this case,
153
00:10:53,361 --> 00:10:56,240
even though there's not
a shred of evidence that Michael
154
00:10:56,241 --> 00:11:00,040
had anything to do with
Elizabeth Ratliff's death.
155
00:11:00,041 --> 00:11:04,200
The mere fact that it comes
in evidence will have an impact,
156
00:11:04,201 --> 00:11:09,120
so my view is that
if we win the motion tomorrow
157
00:11:09,121 --> 00:11:13,400
and keep the Ratliff evidence out,
because it's not relevant,
158
00:11:13,401 --> 00:11:15,520
this is not a technicality...
159
00:11:15,521 --> 00:11:17,200
Because it's not relevant
160
00:11:17,201 --> 00:11:20,519
and because the state
can't show that it's relevant,
161
00:11:20,520 --> 00:11:23,839
we will have a very good chance
of winning this trial,
162
00:11:23,840 --> 00:11:28,760
because the rest of the evidence,
I think, is pretty minimal.
163
00:11:39,960 --> 00:11:45,159
Well, what we've done is
we've subpoenaed their witnesses,
164
00:11:45,160 --> 00:11:49,279
some of the doctors
who have done the autopsies,
165
00:11:49,280 --> 00:11:53,958
and we want to put them on the stand
and force them to do more
166
00:11:53,959 --> 00:11:56,598
than just give
their bare conclusions.
167
00:11:56,599 --> 00:11:59,278
Their reports are very bare bones.
168
00:11:59,279 --> 00:12:02,758
What we want to do is we want
to get them on the stand and be able
169
00:12:02,759 --> 00:12:07,798
to ask them the hard questions that
they don't address in their reports
170
00:12:07,799 --> 00:12:12,639
to show that the basis of
their conclusions is simply flawed.
171
00:12:14,479 --> 00:12:18,518
This is the kind of evidence
that can really prejudice and taint
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00:12:18,519 --> 00:12:20,997
a trial unfairly.
173
00:12:20,998 --> 00:12:22,957
It's the kind of evidence
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00:12:22,958 --> 00:12:27,558
that courts have traditionally said
you just don't let in.
175
00:12:31,078 --> 00:12:35,518
In my opinion, the '85 death...
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00:12:37,158 --> 00:12:40,757
If the state try to introduce
evidence of that in the court,
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00:12:40,758 --> 00:12:43,037
it could come in any number of ways
178
00:12:43,038 --> 00:12:46,197
for which I will listen
to arguments about...
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00:12:46,198 --> 00:12:47,797
Has the state filed
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00:12:47,798 --> 00:12:52,636
a motion to have the court consider
Miss Ratliff's death?
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00:12:52,637 --> 00:12:55,796
We are not a proponent
of that evidence at this point,
182
00:12:55,797 --> 00:13:01,636
and will not be until the court
actually is involved in this trial
183
00:13:01,637 --> 00:13:04,996
and begins hearing evidence
of all these matters.
184
00:13:04,997 --> 00:13:11,356
Judge, um...two weeks ago, or
three weeks ago, you sat there
185
00:13:11,357 --> 00:13:16,196
and agreed that this was an issue,
particularly Ratliff...
186
00:13:16,197 --> 00:13:17,556
It is an issue.
187
00:13:17,557 --> 00:13:19,476
Well, that has to be decided
188
00:13:19,477 --> 00:13:22,675
before jury selection
for very good reasons.
189
00:13:22,676 --> 00:13:25,195
I'm not aware of any law that...
190
00:13:25,196 --> 00:13:28,675
that the court can direct the state
to do it.
191
00:13:28,676 --> 00:13:32,075
No, what the court can...
I mean, I can...I can...
192
00:13:32,076 --> 00:13:34,635
I'm not sure there's
a North Carolina state law
193
00:13:34,636 --> 00:13:35,995
that the court can order
194
00:13:35,996 --> 00:13:38,795
the state to do something. I don't
think you can order them to do that.
195
00:13:38,796 --> 00:13:42,115
What you can do is say, "If you
don't file the notice and have
196
00:13:42,116 --> 00:13:46,755
"the hearing today, you're not going
to be allowed to introduce
197
00:13:46,756 --> 00:13:50,994
"that evidence, because
it's prejudicial to the defence."
198
00:13:50,995 --> 00:13:54,314
Let's just look at this
from a practical perspective.
199
00:13:54,315 --> 00:13:56,794
If I don't know whether or not
that's coming in.
200
00:13:56,795 --> 00:13:58,194
I've got to assume it is.
201
00:13:58,195 --> 00:14:01,954
And therefore I'm going to spend
lots of time in opening statement
202
00:14:01,955 --> 00:14:05,234
talking to the jurors about that,
finding out what they think
203
00:14:05,235 --> 00:14:08,274
and talking about the facts
and all of that stuff.
204
00:14:08,275 --> 00:14:12,434
So now all of a sudden,
Mr Hardin says, "Judge, I'm sorry,
205
00:14:12,435 --> 00:14:15,114
"we're not going to introduce,"
right?
206
00:14:15,115 --> 00:14:18,554
Now, are you going to instruct
the jury to disregard everything
207
00:14:18,555 --> 00:14:21,993
that I said in my opening statement?
208
00:14:21,994 --> 00:14:23,873
How is that...
209
00:14:23,874 --> 00:14:28,473
How are you going to instruct them
to disregard what I said and have me
210
00:14:28,474 --> 00:14:33,033
maintain my credibility with a jury
that is deciding my client's life?
211
00:14:33,034 --> 00:14:36,913
I believe, frankly, it would be
ineffective assistance to counsel
212
00:14:36,914 --> 00:14:39,033
for him not to deal with it,
213
00:14:39,034 --> 00:14:41,833
whether the evidence
is admissible or not,
214
00:14:41,834 --> 00:14:46,153
because it's out there, the news
media has spent three or four days
215
00:14:46,154 --> 00:14:50,872
using the same footage
of the exhumation down in Texas.
216
00:14:50,873 --> 00:14:54,072
It's still going on
up until this morning,
217
00:14:54,073 --> 00:14:58,112
which raises another question
about all of these interviews that
218
00:14:58,113 --> 00:15:01,912
Mr Rudolf likes to give
to the media about the evidence.
219
00:15:01,913 --> 00:15:06,152
My client's wanted this trial
to proceed for a long time.
220
00:15:06,153 --> 00:15:12,832
The DA delayed that exhumation
for months and months and months.
221
00:15:12,833 --> 00:15:18,352
Now, two weeks before, or three
weeks before trial, he decides
222
00:15:18,353 --> 00:15:23,951
to go ahead with an exhumation,
and that is simply unfair.
223
00:15:23,952 --> 00:15:28,151
He did it intentionally, he did it
knowingly. He stands here
224
00:15:28,152 --> 00:15:33,951
and talks sanctimoniously about
how I'm talking to the press
225
00:15:33,952 --> 00:15:37,671
in response to a
medical examiner's report...
226
00:15:37,672 --> 00:15:39,631
I knew you would bring that up.
Yeah...
227
00:15:39,632 --> 00:15:45,951
..that gratuitously uses the term
"homicidal attack", or "assault".
228
00:15:45,952 --> 00:15:50,190
And I'm supposed to sit back
and allow my client to be prejudiced
229
00:15:50,191 --> 00:15:55,551
by that and buy this show
that he's put together...
230
00:15:56,831 --> 00:15:59,031
..and just sit back and do nothing?
231
00:16:02,671 --> 00:16:07,030
The court declines Mr Rudolf
and his discretion to determine
232
00:16:07,031 --> 00:16:13,391
the admissibility of the death
of Miss Ratliff...
233
00:16:16,191 --> 00:16:17,630
..today,
234
00:16:17,631 --> 00:16:21,429
and pre-trial, court in its
discretion
235
00:16:21,430 --> 00:16:25,989
will rule on its
admissibility when proffered
236
00:16:25,990 --> 00:16:31,589
by the state of North Carolina as
evidence of this particular case.
237
00:16:31,590 --> 00:16:35,589
You know, I subpoenaed
all three medical examiners
238
00:16:35,590 --> 00:16:39,789
and was prepared to cross-examine
all of them. Today. Today!
239
00:16:39,790 --> 00:16:43,669
So why is it that it's OK for them
240
00:16:43,670 --> 00:16:49,708
to write reports that have
conclusions like "homicidal assault"
241
00:16:49,709 --> 00:16:54,028
and yet not have to get up
on a witness stand today?
242
00:16:54,029 --> 00:16:55,828
What is his sexual preference?
243
00:16:55,829 --> 00:16:58,748
What is whose sexual preference,
Mr Hardin's? The client's.
244
00:16:58,749 --> 00:17:02,508
Not Mr Hardin's! Oh, I don't know
what Mr Hardin's is. You know...
245
00:17:02,509 --> 00:17:05,468
Would you really expect...
What's your sexual... Come on!
246
00:17:05,469 --> 00:17:07,668
No, your guy's on trial - I'm not.
247
00:17:07,669 --> 00:17:09,108
Well, we can change that.
248
00:17:09,109 --> 00:17:11,629
No, I'm not going to answer
those kind of questions. OK.
249
00:17:29,268 --> 00:17:32,627
INAUDIBLE
250
00:17:32,628 --> 00:17:36,067
Well, wherever's...
251
00:17:36,068 --> 00:17:38,587
Get me a Diet Coke...
252
00:17:38,588 --> 00:17:40,148
BARKING
253
00:17:42,628 --> 00:17:44,667
Where the hell's your silverware?
254
00:17:44,668 --> 00:17:50,186
Er, on the right,
in the top...second drawer.
255
00:17:50,187 --> 00:17:54,026
I keep the pans and the other stuff
in the top drawer.
256
00:17:54,027 --> 00:17:57,306
INAUDIBLE
257
00:17:57,307 --> 00:18:02,746
There is no doubt in my mind
that those two guys knew exactly
258
00:18:02,747 --> 00:18:07,426
what was going to happen
before that hearing started.
259
00:18:07,427 --> 00:18:10,866
I mean, the little speech
that Orlando did at the beginning,
260
00:18:10,867 --> 00:18:16,666
you know, Hardin... He didn't say to
Hardin, "What are you talking about?
261
00:18:16,667 --> 00:18:18,826
"We're here for a hearing!"
262
00:18:18,827 --> 00:18:20,545
You know? Er...
263
00:18:20,546 --> 00:18:23,065
"What do you mean, you don't think
we ought to go forward?
264
00:18:23,066 --> 00:18:27,705
"I mean, on Monday we sat here
for three...all day talking about
265
00:18:27,706 --> 00:18:29,785
"whether this hearing
should be closed or not -
266
00:18:29,786 --> 00:18:31,225
"you didn't say anything then!"
267
00:18:31,226 --> 00:18:35,065
I just don't understand it. I mean,
what's in it for Judge Hudson...?
268
00:18:35,066 --> 00:18:37,745
There's got to be
a political pay-off somewhere.
269
00:18:37,746 --> 00:18:39,345
That's all I can say.
270
00:18:39,346 --> 00:18:42,706
I don't know what it is,
but there's something in it for him.
271
00:18:46,586 --> 00:18:49,385
No, I mean, do you have
any doubt that this was...?
272
00:18:49,386 --> 00:18:52,784
INAUDIBLE
You ask me, it's been scripted.
273
00:18:52,785 --> 00:18:56,384
It was just choreographed. It was
just completely choreographed.
274
00:18:56,385 --> 00:19:00,624
I've been in front of lots of judges
with lots of prosecutors
275
00:19:00,625 --> 00:19:03,584
in lots of situations,
and I've got to tell you,
276
00:19:03,585 --> 00:19:08,624
I have never, ever seen something
like that before. Never.
277
00:19:08,625 --> 00:19:10,944
I don't think David
and I don't think Tom, you know,
278
00:19:10,945 --> 00:19:14,304
believe me, or anybody from
the beginning, but when I said,
279
00:19:14,305 --> 00:19:19,304
this isn't Chapel Hill, this isn't
Charlotte...this is Durham.
280
00:19:19,305 --> 00:19:22,943
It's unique, it's particular,
it's dirty, it's corrupt,
281
00:19:22,944 --> 00:19:24,783
it's small, you know,
282
00:19:24,784 --> 00:19:27,183
I don't think anybody
knows this town better than I do,
283
00:19:27,184 --> 00:19:29,423
and I... It's what
I've believed for years,
284
00:19:29,424 --> 00:19:32,423
and I told you guys from
the beginning that this is it.
285
00:19:32,424 --> 00:19:36,623
I've had a personal relationship
with Orlando for years, and it never
286
00:19:36,624 --> 00:19:42,623
got through to me that it could
affect him personally in that way.
287
00:19:42,624 --> 00:19:46,224
Yeah, but...
I just find him disgusting.
288
00:19:49,584 --> 00:19:54,382
So...the Ratliff stuff
is coming in evidence.
289
00:19:54,383 --> 00:19:57,342
The gay stuff is coming in evidence.
Sure. All right?
290
00:19:57,343 --> 00:20:01,422
So we've got to deal with it,
no matter what.
291
00:20:01,423 --> 00:20:04,062
You can almost turn this
into a challenge to the DA!
292
00:20:04,063 --> 00:20:06,782
We don't know if it's coming or not.
Do we think it's a joke?
293
00:20:06,783 --> 00:20:09,582
But these are the reasons why,
if they let you get into that.
294
00:20:09,583 --> 00:20:11,582
If he brings it in,
we'll talk about it then,
295
00:20:11,583 --> 00:20:14,742
then when it doesn't come in,
you look like a hero.
296
00:20:14,743 --> 00:20:16,742
You look like you're real smart.
297
00:20:16,743 --> 00:20:18,502
For a change.
298
00:20:18,503 --> 00:20:19,901
THEY LAUGH
299
00:20:19,902 --> 00:20:21,422
Be nice!
300
00:20:24,622 --> 00:20:27,262
Moral support here
is very important!
301
00:20:28,902 --> 00:20:32,541
This is going to be
a long and arduous trial.
302
00:20:32,542 --> 00:20:36,101
He's only got one kidney.
I'm sick. I'm sick.
303
00:20:36,102 --> 00:20:39,261
I just want you to understand
that he makes these comments
304
00:20:39,262 --> 00:20:41,301
but you're the one
that's going to prison.
305
00:20:41,302 --> 00:20:42,702
THEY LAUGH
306
00:20:53,101 --> 00:20:57,180
If it's coming in, that's a given...
It's coming in. It's coming in.
307
00:20:57,181 --> 00:21:02,220
If that's the given, then I agree,
you've got to go forward with it.
308
00:21:02,221 --> 00:21:05,220
My presumption right now
309
00:21:05,221 --> 00:21:10,140
is that I'm going to take on
the Ratliff thing in some way.
310
00:21:10,141 --> 00:21:13,100
I'm going to, in some way,
311
00:21:13,101 --> 00:21:19,619
present to the jury that it's not
fair to try this stuff in the media.
312
00:21:19,620 --> 00:21:21,179
It's not fair.
313
00:21:21,180 --> 00:21:26,059
It's not our way to dig up bodies
two weeks before trial
314
00:21:26,060 --> 00:21:28,979
so that there's
a whole bunch of publicity.
315
00:21:28,980 --> 00:21:32,539
That doesn't satisfy
anybody's burden of proof.
316
00:21:32,540 --> 00:21:37,459
The only way you satisfy a burden of
proof is by bringing in the witness.
317
00:21:37,460 --> 00:21:41,379
You have that presumption of
innocence and a reasonable doubt.
318
00:21:41,380 --> 00:21:44,059
They've got to overcome that.
319
00:21:44,060 --> 00:21:48,379
The bar of reasonable doubt
has been raised significantly now
320
00:21:48,380 --> 00:21:50,338
in the light of the Ratliff.
321
00:21:50,339 --> 00:21:54,058
So it's, instead of being there,
which could play it safe,
322
00:21:54,059 --> 00:21:57,338
"Oh, well, they didn't prove this
or these alternative things",
323
00:21:57,339 --> 00:22:01,058
with this "coincidence"
it's now up to here.
324
00:22:01,059 --> 00:22:04,578
Anyway, all right,
I think were done.
325
00:22:04,579 --> 00:22:07,578
You know, this was important for you
all to be a part of. Yeah, I agree.
326
00:22:07,579 --> 00:22:09,738
So that you know what my
thinking is, all right?
327
00:22:09,739 --> 00:22:13,858
I think this is what our thinking
was all along. OK. All right.
328
00:22:13,859 --> 00:22:17,859
In terms of look and dress
and that tomorrow... Right.
329
00:22:19,219 --> 00:22:24,377
..your eyebrows need to be trimmed.
OK. You need to be shaved. Right.
330
00:22:24,378 --> 00:22:27,897
You need to look neat,
you need to look rested. All right?
331
00:22:27,898 --> 00:22:30,737
If you need to take a Valium...
332
00:22:30,738 --> 00:22:33,297
Sure. ..take a Valium,
because you know what?
333
00:22:33,298 --> 00:22:37,137
You're not going to be needing to do
anything other than sort of zone in.
334
00:22:37,138 --> 00:22:40,177
I know that. That's what I was...
I don't have any Valium.
335
00:22:40,178 --> 00:22:42,497
You don't need to fall asleep.
No, no, no.
336
00:22:42,498 --> 00:22:45,777
And also, the other thing is,
you know, you're going to probably
337
00:22:45,778 --> 00:22:48,297
hear some things that
are going to be hard to hear,
338
00:22:48,298 --> 00:22:51,416
and if somebody says, "Well,
we think he's absolutely guilty
339
00:22:51,417 --> 00:22:53,616
"and why aren't they
seeking the death penalty?"
340
00:22:53,617 --> 00:22:55,736
"Why don't we just
lynch him right here?" Right.
341
00:22:55,737 --> 00:22:57,696
Yeah, you're not going to
send them daggers,
342
00:22:57,697 --> 00:23:01,776
which you don't seem like the kind
of person who would do that anyway.
343
00:23:01,777 --> 00:23:04,896
Yeah, and you know, the truth is,
if somebody says that,
344
00:23:04,897 --> 00:23:09,536
the subliminal message, the body
language message, needs to be
345
00:23:09,537 --> 00:23:12,536
"Thank you for being that honest."
346
00:23:12,537 --> 00:23:16,016
The other thing is,
because of the Ratliff thing,
347
00:23:16,017 --> 00:23:18,776
it's very important
for Martha and Margaret...
348
00:23:18,777 --> 00:23:20,535
They've got to be here
the whole trial.
349
00:23:20,536 --> 00:23:23,495
..to be here for the whole trial.
Yeah, that worked out really nice.
350
00:23:23,496 --> 00:23:25,895
Because people have said
in the open-ended question,
351
00:23:25,896 --> 00:23:29,215
one of the reasons they
think you might not be guilty
352
00:23:29,216 --> 00:23:33,495
or that you have doubts, is that
he has proclaimed his innocence,
353
00:23:33,496 --> 00:23:36,015
his lawyer is fighting,
saying he's innocent
354
00:23:36,016 --> 00:23:37,896
and his family is sticking by him.
355
00:23:41,336 --> 00:23:44,735
Yeah, we were doing
one of these corporate exercises
356
00:23:44,736 --> 00:23:46,615
with the executive staff where
357
00:23:46,616 --> 00:23:49,654
you're supposed to tell something
personal about yourself.
358
00:23:49,655 --> 00:23:51,454
It's team-building, is what it is.
359
00:23:51,455 --> 00:23:54,574
Right. So one guy got up,
actually a very good friend of mine,
360
00:23:54,575 --> 00:23:57,614
since left the company, but he said,
"You know, I always wanted to...
361
00:23:57,615 --> 00:24:00,814
"I always wanted to be a lawyer.
That was really what I wanted to do,
362
00:24:00,815 --> 00:24:03,494
"but then I found Jesus
and I realised that
363
00:24:03,495 --> 00:24:07,254
"being a Christian and being a
lawyer are completely incompatible."
364
00:24:07,255 --> 00:24:08,775
THEY LAUGH
365
00:24:15,055 --> 00:24:17,215
It's true. True.
366
00:24:18,535 --> 00:24:19,693
Yeah.
367
00:24:19,694 --> 00:24:21,533
Oh, God.
368
00:24:21,534 --> 00:24:24,173
So you mean I have really
got to shut my mind off now,
369
00:24:24,174 --> 00:24:26,013
basically for two months.
370
00:24:26,014 --> 00:24:28,773
You can't read a book.
You can't bring a book up to the...
371
00:24:28,774 --> 00:24:31,253
HE LAUGHS
372
00:24:31,254 --> 00:24:33,813
Video game?
373
00:24:33,814 --> 00:24:36,613
I mean, you're just supposed
to sit there and look...
374
00:24:36,614 --> 00:24:38,613
And don't stare at the jury.
375
00:24:38,614 --> 00:24:40,334
Don't stare at the jury? Yeah.
376
00:24:42,654 --> 00:24:45,013
Because it looks like
you're soliciting them.
377
00:24:45,014 --> 00:24:46,173
HE SIGHS
378
00:24:46,174 --> 00:24:47,413
They'll be looking at you a lot.
379
00:24:47,414 --> 00:24:49,133
That's one thing
you have to remember,
380
00:24:49,134 --> 00:24:53,172
they are assessing your behaviour
and conduct. They form opinions...
381
00:24:53,173 --> 00:24:55,812
Dear God. ..about how you behave..
Could I get a double?
382
00:24:55,813 --> 00:24:58,012
LAUGHS: Just to stand there!
383
00:24:58,013 --> 00:25:00,093
Saddam Hussein double for me!
384
00:25:01,413 --> 00:25:02,693
Oh, God!
385
00:25:05,133 --> 00:25:06,492
Mm.
386
00:25:06,493 --> 00:25:09,132
I could sit in a dark, quiet room
for two months, you know,
387
00:25:09,133 --> 00:25:11,572
Goethe used to say
that was the test of a man.
388
00:25:11,573 --> 00:25:15,093
That if you could go, you could
lock a man up in a dark room...
389
00:25:16,653 --> 00:25:19,731
With nothing...
With nothing to read, nothing to do,
390
00:25:19,732 --> 00:25:22,531
nothing, just his own thoughts.
391
00:25:22,532 --> 00:25:26,131
That was Goethe's test of a man
392
00:25:26,132 --> 00:25:29,251
and I'd think,
"Well, hell, anybody can do that."
393
00:25:29,252 --> 00:25:33,011
I think, no, he needs to rethink
that. The real test of a man is
394
00:25:33,012 --> 00:25:36,331
to be able to sit there and listen
to Jim Hardin and Orlando Hudson.
395
00:25:36,332 --> 00:25:37,692
THEY LAUGH
396
00:25:43,972 --> 00:25:49,411
The range is going to
go from 39 to... 51. ..51.
397
00:25:49,412 --> 00:25:52,330
71, 72...
398
00:25:52,331 --> 00:25:54,210
61 to 72? Right.
399
00:25:54,211 --> 00:25:57,770
That's these. They're in order.
OK, those are in order.
400
00:25:57,771 --> 00:26:01,050
And then I'm going to go through
a whole long thing
401
00:26:01,051 --> 00:26:04,650
about the relationship and
I'm going to take them back to 1988
402
00:26:04,651 --> 00:26:08,290
and 1989 and 1992 and 1997,
403
00:26:08,291 --> 00:26:10,010
and then I'm going to say,
404
00:26:10,011 --> 00:26:13,210
"And together, they built a family
405
00:26:13,211 --> 00:26:18,170
"out of the various strands
of their prior families."
406
00:26:18,171 --> 00:26:20,609
Wait, wait. Hold on.
407
00:26:20,610 --> 00:26:23,569
I don't want to have that bar up
there, because it's going to
408
00:26:23,570 --> 00:26:25,329
distract them from what I'm saying.
409
00:26:25,330 --> 00:26:27,929
Can you just keep it black screen
until I go to your cue,
410
00:26:27,930 --> 00:26:29,409
and then pop up with the picture?
411
00:26:29,410 --> 00:26:30,969
Right, you want the picture first?
412
00:26:30,970 --> 00:26:34,049
I want the picture. Yeah. OK,
let's go back to the black screen.
413
00:26:34,050 --> 00:26:35,849
What is that thing
in the middle there?
414
00:26:35,850 --> 00:26:39,489
That's just a default bar
that doesn't have to show at all.
415
00:26:39,490 --> 00:26:40,729
I don't want it showing. OK.
416
00:26:40,730 --> 00:26:43,169
I can't get rid of it right now
but I... OK, yeah,
417
00:26:43,170 --> 00:26:45,649
let's get rid of the bar. Yeah. OK?
418
00:26:45,650 --> 00:26:49,489
And what I'd do like to do is, um...
419
00:26:51,209 --> 00:26:52,448
When I...
420
00:26:52,449 --> 00:26:54,409
PHONE VIBRATES
421
00:27:00,889 --> 00:27:03,928
It's just my telephone. Sorry.
422
00:27:03,929 --> 00:27:05,289
When I say...
423
00:27:07,129 --> 00:27:09,688
.."Together, they built a family
424
00:27:09,689 --> 00:27:13,488
"out of the various strands of
their prior families. Caitlin..."
425
00:27:13,489 --> 00:27:15,848
No, wait till I... Yeah,
but I want to get a black screen.
426
00:27:15,849 --> 00:27:17,568
That's right,
I want to go black screen.
427
00:27:17,569 --> 00:27:20,647
OK, can you turn it on
before I even get up to speak?
428
00:27:20,648 --> 00:27:24,408
And then go to black screen so we
don't have to see that thing again.
429
00:27:26,688 --> 00:27:29,887
Blacker...
Do you mean, you mean this...
430
00:27:29,888 --> 00:27:31,487
You want that without this?
431
00:27:31,488 --> 00:27:33,727
Can you lose that?
Yes, I can lose it.
432
00:27:33,728 --> 00:27:35,607
I can't lose it right now
but I can lose a...
433
00:27:35,608 --> 00:27:38,887
OK, but what I'm saying is...
Could you just go...
434
00:27:38,888 --> 00:27:41,487
Can you lose the whole thing
so it's just a black screen
435
00:27:41,488 --> 00:27:43,247
and then it goes to the picture?
436
00:27:43,248 --> 00:27:46,407
Yes, and it looks like that.
Yeah, that's all I want. OK.
437
00:27:46,408 --> 00:27:48,927
And then the next picture comes up.
438
00:27:48,928 --> 00:27:51,526
When I say, "Together they built
a family out of the various
439
00:27:51,527 --> 00:27:54,086
"strands of their prior families..."
Yeah.
440
00:27:54,087 --> 00:27:56,166
I'm leaving.
Do you all need anything?
441
00:27:56,167 --> 00:27:58,366
No, we're great,
thank you very much. Goodnight.
442
00:27:58,367 --> 00:27:59,726
"Out of the prior strands...
443
00:27:59,727 --> 00:28:02,566
"Out of the various strands of
their prior families" - put it up.
444
00:28:02,567 --> 00:28:05,726
OK, so they have something
to look it. Exactly. Yeah.
445
00:28:05,727 --> 00:28:11,966
"We can see that the laceration
on the left, the V-shaped one,
446
00:28:11,967 --> 00:28:15,006
"is consistent with that corner.
The last..."
447
00:28:15,007 --> 00:28:17,326
PHONE VIBRATES
448
00:28:17,327 --> 00:28:19,366
My telephone. OK.
449
00:28:19,367 --> 00:28:23,725
"The last impact that
you saw on that..."
450
00:28:23,726 --> 00:28:26,125
Um, we've got
a little situation going on.
451
00:28:26,126 --> 00:28:28,805
We've got smoke in the building
downstairs. OK.
452
00:28:28,806 --> 00:28:30,325
So we're unable to...
453
00:28:30,326 --> 00:28:32,725
If you can wrap it up today,
454
00:28:32,726 --> 00:28:34,765
how much longer do you think
you're going to be?
455
00:28:34,766 --> 00:28:37,445
We're going to have to
do an evacuation.
456
00:28:37,446 --> 00:28:40,885
We don't know yet, we haven't
found it yet. We're looking for it.
457
00:28:40,886 --> 00:28:43,805
OK, well, if we have to evacuate,
we're just going to have to...
458
00:28:43,806 --> 00:28:47,925
We'll do our best, but just let us
know. All right. Just wanted to...
459
00:28:47,926 --> 00:28:51,124
I appreciate it. If you see
people running... OK, thank you.
460
00:28:51,125 --> 00:28:55,724
"The bottoms of her feet
were covered in blood
461
00:28:55,725 --> 00:28:58,324
"and how do we know that?
There's a photo of it."
462
00:28:58,325 --> 00:29:01,084
Do you want it right now? Yes.
Do you want to prepare them for it?
463
00:29:01,085 --> 00:29:02,684
No, no, no.
464
00:29:02,685 --> 00:29:04,245
Well, that doesn't work.
465
00:29:09,325 --> 00:29:12,365
That doesn't work at all.
We've got this one. Whoops.
466
00:29:13,685 --> 00:29:14,964
No.
467
00:29:14,965 --> 00:29:17,085
If one is off,
they're all going to be off.
468
00:29:19,245 --> 00:29:22,403
And then I can put them in proper
order... This is how it needs to be.
469
00:29:22,404 --> 00:29:26,403
It's... I do understand that.
It's right there. I know that.
470
00:29:26,404 --> 00:29:29,043
I know what I did wrong
while I was doing it on the fly
471
00:29:29,044 --> 00:29:31,763
before we started this.
I know what I did wrong.
472
00:29:31,764 --> 00:29:34,803
I made an error
when I loaded them in.
473
00:29:34,804 --> 00:29:38,243
Right now, right now...
This system sucks
474
00:29:38,244 --> 00:29:41,283
because I've done it
with presentation group
475
00:29:41,284 --> 00:29:45,003
and I had none of these problems.
476
00:29:45,004 --> 00:29:46,363
None.
477
00:29:46,364 --> 00:29:47,884
None, none.
478
00:29:49,363 --> 00:29:51,762
And I am fucking pissed
479
00:29:51,763 --> 00:29:55,922
because it's 7:20
the night before my opening
480
00:29:55,923 --> 00:29:58,323
and you're fucking around with this.
481
00:30:00,043 --> 00:30:04,082
One of these documents is apparently
out of order. I just don't know...
482
00:30:04,083 --> 00:30:08,282
I cannot give you the documents
in the order that you want them.
483
00:30:08,283 --> 00:30:12,082
All I can do right now is go
through. I guarantee you...
484
00:30:12,083 --> 00:30:14,482
No, I don't want a guarantee.
..they will be there.
485
00:30:14,483 --> 00:30:16,882
I want to see it on the screen,
486
00:30:16,883 --> 00:30:20,401
so I don't give a shit
if we're here all fucking night.
487
00:30:20,402 --> 00:30:24,842
Well, I'm not sure that they will be
either. I think so but I don't know.
488
00:30:26,442 --> 00:30:27,922
HE SIGHS
489
00:30:42,322 --> 00:30:47,601
This case is no more
and no longer about Kathleen.
490
00:30:47,602 --> 00:30:50,680
The DA has to win. That's it.
491
00:30:50,681 --> 00:30:54,040
He doesn't care how,
and basically, by the same token,
492
00:30:54,041 --> 00:30:56,640
my lawyer, they want to win.
493
00:30:56,641 --> 00:30:59,600
Truth is lost in all of this now.
494
00:30:59,601 --> 00:31:02,400
Truth is of no meaning whatsoever.
495
00:31:02,401 --> 00:31:06,440
This has become a show
and it has got its own momentum
496
00:31:06,441 --> 00:31:08,520
and we're just going along.
497
00:31:08,521 --> 00:31:12,200
I don't think the DA cares
about the truth any more.
498
00:31:12,201 --> 00:31:17,080
All he wants to do is win,
and I understand that. I mean, sure.
499
00:31:17,081 --> 00:31:21,719
In the same way with David,
he wants to win.
500
00:31:21,720 --> 00:31:25,279
Well, I want to win too,
but I'm still very concerned about
501
00:31:25,280 --> 00:31:29,240
the reality of
what happened that night.
502
00:31:51,079 --> 00:31:52,479
Hey, guys.
503
00:32:00,799 --> 00:32:02,558
Where's Mike?
504
00:32:02,559 --> 00:32:05,038
What's that? They just hit
a stop light. OK, I'll wait.
505
00:32:05,039 --> 00:32:06,319
I'll wait, I'll wait.
506
00:32:13,799 --> 00:32:16,159
Be nice. Be calm.
507
00:32:19,119 --> 00:32:20,677
You all right? Yeah, yeah.
508
00:32:20,678 --> 00:32:22,318
Pretty good. How you doing? Yeah.
509
00:32:38,758 --> 00:32:40,957
It's OK. You want me to get that,
Dad? What's that?
510
00:32:40,958 --> 00:32:42,278
You want me to get that?
511
00:32:44,118 --> 00:32:46,038
INDISTINCT
512
00:32:57,477 --> 00:33:00,956
All right, Chris, we're going to
see if you can beat us upstairs now.
513
00:33:00,957 --> 00:33:02,597
We got a crew on that. Ah...
514
00:33:10,717 --> 00:33:11,957
Hey.
515
00:33:13,277 --> 00:33:15,036
Thanks. OK, all right.
516
00:33:15,037 --> 00:33:16,876
All right, that's fine, that's fine.
517
00:33:16,877 --> 00:33:18,436
All right, Hart.
518
00:33:18,437 --> 00:33:21,475
See you up there, buddy.
Run up now.
519
00:33:21,476 --> 00:33:24,036
Want to see you as
I get out of the elevator.
520
00:33:25,636 --> 00:33:27,475
Come on, come on, come on, come on.
521
00:33:27,476 --> 00:33:31,395
Start with the 911 and then...
After the... After the...
522
00:33:31,396 --> 00:33:34,595
..last headshot, then
get the movie ready. Right.
523
00:33:34,596 --> 00:33:36,916
After the third laceration shot.
Right.
524
00:33:44,156 --> 00:33:45,875
Yo, buddy.
525
00:33:45,876 --> 00:33:48,996
THEY TALK QUIETLY
526
00:33:59,315 --> 00:34:01,315
SHUTTERS CLICK
527
00:34:20,754 --> 00:34:22,634
Good morning to each of you.
528
00:34:24,314 --> 00:34:26,953
The core issues are simple
529
00:34:26,954 --> 00:34:29,834
but everything else
about this case isn't.
530
00:34:30,834 --> 00:34:35,714
In a very real sense, this case
is about pretence and appearances.
531
00:34:37,354 --> 00:34:41,953
The defendant says that Kathleen
Peterson's death was caused by
532
00:34:41,954 --> 00:34:46,433
a tragic accidental fall
downstairs in their home
533
00:34:46,434 --> 00:34:51,592
and we say, on the other hand, that
she died a horrible, painful death
534
00:34:51,593 --> 00:34:54,312
at the hands of her husband,
Michael Peterson.
535
00:34:54,313 --> 00:34:58,832
I've selected a couple of pictures
for you that really in my mind
536
00:34:58,833 --> 00:35:01,872
show this diametric opposition.
537
00:35:01,873 --> 00:35:05,872
The first photograph I'm going to
show you is of Kathleen.
538
00:35:05,873 --> 00:35:10,832
This would have been taken,
this is how she would have looked
539
00:35:10,833 --> 00:35:13,752
prior to December 9th of 2001,
540
00:35:13,753 --> 00:35:17,832
had you seen her in her home
or possibly at work.
541
00:35:17,833 --> 00:35:22,751
You can see from this photograph,
you can feel from this photograph,
542
00:35:22,752 --> 00:35:27,751
that she's a very
genteel, warm person.
543
00:35:27,752 --> 00:35:32,431
Now, on December 9th of 2001,
544
00:35:32,432 --> 00:35:34,031
at 2:48,
545
00:35:34,032 --> 00:35:37,791
when EMS personnel first arrive,
546
00:35:37,792 --> 00:35:41,592
they see Kathleen Peterson
in a completely different way.
547
00:35:42,992 --> 00:35:46,272
They see her lying at
the bottom of her steps...
548
00:35:48,912 --> 00:35:51,031
..just as you see
in this photograph.
549
00:35:53,431 --> 00:35:59,350
Now, later that day, after her body
has been removed from the home,
550
00:35:59,351 --> 00:36:02,350
she's taken to
the medical examiner's office.
551
00:36:02,351 --> 00:36:06,310
This is one of
the first photographs taken of her
552
00:36:06,311 --> 00:36:12,350
as she's lying on a steel gurney
in the medical examiner's office
553
00:36:12,351 --> 00:36:14,830
after they've shaved her head
554
00:36:14,831 --> 00:36:18,151
so that they can determine
where the wounds are.
555
00:36:21,190 --> 00:36:24,829
This is where the rubber meets
the road, ladies and gentlemen.
556
00:36:24,830 --> 00:36:26,909
They say it's an accident
557
00:36:26,910 --> 00:36:31,349
that was caused by
a couple of falls in that stairway
558
00:36:31,350 --> 00:36:33,309
and we say it's not.
559
00:36:33,310 --> 00:36:34,790
We say it's murder.
560
00:36:40,950 --> 00:36:43,589
You heard Mr Rudolf talk with you
561
00:36:43,590 --> 00:36:47,109
about the fact that
we didn't have a weapon.
562
00:36:47,110 --> 00:36:48,949
That's true.
563
00:36:48,950 --> 00:36:51,668
We don't have the actual implement
564
00:36:51,669 --> 00:36:55,269
that Mike Peterson used
to cause this injury.
565
00:36:57,429 --> 00:37:02,069
Wounding, lacerations to
the back of Kathleen's head.
566
00:37:03,109 --> 00:37:05,388
But we have an identical replica.
567
00:37:05,389 --> 00:37:07,548
Where did we get it?
568
00:37:07,549 --> 00:37:11,308
Kathleen's sister Candace
gave several family members
569
00:37:11,309 --> 00:37:13,748
a blow poker just like this one.
570
00:37:13,749 --> 00:37:15,668
Kathleen had had this in her home
571
00:37:15,669 --> 00:37:17,868
for years and years
and years and years,
572
00:37:17,869 --> 00:37:22,028
but mysteriously,
on December 9th, it's gone.
573
00:37:23,548 --> 00:37:26,587
It's hollow, it's light,
574
00:37:26,588 --> 00:37:32,267
it's easily used and we will contend
to you this, or something like this,
575
00:37:32,268 --> 00:37:36,228
is the article that was
used to inflict these wounds.
576
00:37:39,948 --> 00:37:43,027
The blow poker that had
been given to Kathleen
577
00:37:43,028 --> 00:37:47,627
15 years before, apparently,
and is now mysteriously missing -
578
00:37:47,628 --> 00:37:50,547
we'll hear about whether
it's mysterious or not.
579
00:37:51,707 --> 00:37:54,946
They didn't find any murder weapon.
580
00:37:54,947 --> 00:37:56,386
Nothing was found.
581
00:37:56,387 --> 00:37:59,906
Where did it go?
Where did this blow poker go?
582
00:37:59,907 --> 00:38:02,906
They searched his cars.
There wasn't any blood in the cars.
583
00:38:02,907 --> 00:38:06,226
They went all around the house,
there wasn't any blood upstairs,
584
00:38:06,227 --> 00:38:09,106
he didn't change his clothes,
he didn't...
585
00:38:09,107 --> 00:38:11,546
Where did he get rid of it?
586
00:38:11,547 --> 00:38:12,747
And when?
587
00:38:14,267 --> 00:38:16,066
That's left mysterious,
588
00:38:16,067 --> 00:38:19,785
but we don't convict people
based on mysterious here.
589
00:38:19,786 --> 00:38:25,306
I mean, can you imagine somebody
beating somebody over the head...
590
00:38:26,826 --> 00:38:28,625
..whacking them as hard as
they can?
591
00:38:28,626 --> 00:38:30,105
Because you don't whack
someone,
592
00:38:30,106 --> 00:38:33,585
you don't whack somebody like this
when you're trying to kill them.
593
00:38:33,586 --> 00:38:37,785
Imagine that
there's no skull fracture,
594
00:38:37,786 --> 00:38:40,465
there's no brain contusions,
595
00:38:40,466 --> 00:38:42,825
there's no swelling of the brain,
596
00:38:42,826 --> 00:38:45,865
there's none of the internal
haemorrhages, subdurals,
597
00:38:45,866 --> 00:38:49,824
things like that, that you would see
from that kind of injury.
598
00:38:49,825 --> 00:38:51,945
No. None of them.
599
00:38:52,945 --> 00:38:58,224
We intend to show you during this
trial, to the best of our ability,
600
00:38:58,225 --> 00:39:04,784
what happened in that stairway on
December 9th was a tragic accident,
601
00:39:04,785 --> 00:39:07,585
an accident that
left Michael Peterson...
602
00:39:09,665 --> 00:39:12,224
..not a wealthy man
but a very poor man,
603
00:39:12,225 --> 00:39:16,464
in the thing that was
most important to him.
604
00:39:16,465 --> 00:39:20,784
It left him without his soul mate.
605
00:39:23,904 --> 00:39:26,943
Kathleen and Michael connected
in a way that...
606
00:39:26,944 --> 00:39:32,863
that a few people who are
really, really lucky in life
607
00:39:32,864 --> 00:39:35,623
have a chance to connect.
608
00:39:35,624 --> 00:39:39,104
And they built a family,
the two of them...
609
00:39:40,664 --> 00:39:45,664
..built a family out of the strands
of their prior families.
610
00:39:48,304 --> 00:39:50,822
Todd on the left,
611
00:39:50,823 --> 00:39:55,182
Kathleen and Michael, Margaret sort
of peeking out from the back there,
612
00:39:55,183 --> 00:39:58,863
Caitlin in the front,
Clayton and Martha.
613
00:40:00,223 --> 00:40:03,982
What kept them together,
what caused them to build that,
614
00:40:03,983 --> 00:40:09,863
was a love that absolutely everyone
who saw them or knew them...
615
00:40:12,143 --> 00:40:16,063
..understood and
recognised and envied.
616
00:40:17,303 --> 00:40:20,781
Listen to how Caitlin Atwater,
617
00:40:20,782 --> 00:40:24,381
who unfortunately now sits
on opposite sides -
618
00:40:24,382 --> 00:40:27,021
and that's one of
the real tragedies of this case -
619
00:40:27,022 --> 00:40:28,981
listen to how she described
620
00:40:28,982 --> 00:40:31,861
what Michael Peterson meant
to her mother.
621
00:40:31,862 --> 00:40:38,381
This is from 1999. "Michael Peterson
stopped my mother's tears.
622
00:40:38,382 --> 00:40:42,261
"I used to sit at the top of the
stairs leaning through the banister
623
00:40:42,262 --> 00:40:45,741
"and listen to my mother sob
every night
624
00:40:45,742 --> 00:40:49,260
"for a year after my father left.
625
00:40:49,261 --> 00:40:52,140
"My father had torn her apart,
626
00:40:52,141 --> 00:40:56,260
"crushing her shell and
the illusion in which she lived,
627
00:40:56,261 --> 00:40:59,660
"destroying her dignity and pride,
628
00:40:59,661 --> 00:41:05,100
"but Mike was able to
restore her strength and confidence
629
00:41:05,101 --> 00:41:08,941
"and to show her that
she could find true love.
630
00:41:10,341 --> 00:41:17,260
"From the beginning, I was in debt
to Mike in my heart and mind
631
00:41:17,261 --> 00:41:20,740
"for bringing back
my mother's happiness."
632
00:41:23,420 --> 00:41:26,779
You know,
if the prosecution is correct,
633
00:41:26,780 --> 00:41:32,259
how do we go from
soul mate and lover
634
00:41:32,260 --> 00:41:34,819
to cold-blooded murderer?
635
00:41:34,820 --> 00:41:36,539
How does that happen?
636
00:41:36,540 --> 00:41:39,499
Well, the answer is very simple.
You don't.
637
00:41:39,500 --> 00:41:42,659
The truth is that Kathleen Peterson,
638
00:41:42,660 --> 00:41:45,459
after drinking some wine
and some champagne
639
00:41:45,460 --> 00:41:47,419
and taking some Valium,
640
00:41:47,420 --> 00:41:52,538
tried to walk up a narrow,
poorly lit stairway in flip-flops
641
00:41:52,539 --> 00:41:55,339
and she fell and she bled to death.
642
00:41:58,259 --> 00:42:02,058
What Michael Peterson brought
to Kathleen Peterson
643
00:42:02,059 --> 00:42:05,219
was true happiness over 13 years.
644
00:42:09,619 --> 00:42:12,938
That's the picture.
645
00:42:12,939 --> 00:42:14,339
That's not posed.
646
00:42:16,139 --> 00:42:18,979
That's Kathleen sitting
on Michael's lap.
647
00:42:20,138 --> 00:42:26,657
Now, what you see there is
the happiness that she felt with him
648
00:42:26,658 --> 00:42:29,898
and that he felt with her.
649
00:42:32,618 --> 00:42:36,177
Everyone who really knew
that relationship,
650
00:42:36,178 --> 00:42:41,778
everyone who knew them,
knew that they loved each other.
651
00:42:43,098 --> 00:42:46,977
Everyone who knew them
652
00:42:46,978 --> 00:42:51,936
knows that Michael Peterson
had nothing to do with
653
00:42:51,937 --> 00:42:54,617
the death of Kathleen Peterson.
654
00:42:56,577 --> 00:42:58,737
And at the end of
all the evidence...
655
00:42:59,817 --> 00:43:04,056
..I'm going to ask the 12 of you
to come back and return a verdict
656
00:43:04,057 --> 00:43:08,496
that will in fact speak the truth in
this case -
657
00:43:08,497 --> 00:43:10,856
a verdict of not guilty.
658
00:43:10,857 --> 00:43:12,177
Thank you.
659
00:43:13,857 --> 00:43:15,376
All right, members of the jury,
660
00:43:15,377 --> 00:43:18,336
we're going to take
our lunch break at this point.
661
00:43:18,337 --> 00:43:21,536
Mr Deputy, 1:30. All stand.
662
00:43:22,976 --> 00:43:24,335
Oyez, oyez, oyez.
663
00:43:24,336 --> 00:43:27,335
The Court of the County of Durham is
in recess until 1:30 this afternoon.
664
00:43:27,336 --> 00:43:29,496
God save the state
and this honourable court.
55626
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