All language subtitles for The Staircase - Chapter 4 - A Prosecution Trickery

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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:01:38,420 --> 00:01:40,459 Boy, is that ever incendiary, right? 2 00:01:40,460 --> 00:01:42,099 Jesus Christ. 3 00:01:42,100 --> 00:01:43,420 Yes, it is. 4 00:01:46,620 --> 00:01:48,579 That's just an outrage. 5 00:01:48,580 --> 00:01:50,499 That's just a fucking outrage. 6 00:01:54,459 --> 00:01:57,978 Hey, how are you? Er, we just got the autopsy report. 7 00:01:57,979 --> 00:02:00,459 Give me your fax number so I can fax it to you. 8 00:02:02,099 --> 00:02:03,658 Yes, ma'am. 9 00:02:03,659 --> 00:02:05,099 Right. 10 00:02:06,139 --> 00:02:10,898 8722. I'll fax it right now and then, er... 11 00:02:10,899 --> 00:02:12,139 I'll call you back. 12 00:02:15,579 --> 00:02:17,699 Oh, Jesus! 13 00:02:19,259 --> 00:02:21,097 Me again. 14 00:02:21,098 --> 00:02:25,017 I'm going to fax...uh, we just got the autopsy report. 15 00:02:25,018 --> 00:02:28,137 Can I fax it to you? Are you at your office? 16 00:02:28,138 --> 00:02:30,617 I have to go back to court at 2.30, 17 00:02:30,618 --> 00:02:34,257 and the press is trying to unseal this thing, 18 00:02:34,258 --> 00:02:37,498 so I need to talk with you some before 2.30. 19 00:02:38,818 --> 00:02:42,777 OK. I'll get it to you right away. 20 00:02:42,778 --> 00:02:44,698 Thank you. Bye-bye. 21 00:02:47,778 --> 00:02:51,696 Hey. I got this autopsy on this Germany thing. 22 00:02:51,697 --> 00:02:55,136 As soon as you take a look at it, would you call me? 23 00:02:55,137 --> 00:02:58,536 Well, they concluded these injuries were as a result 24 00:02:58,537 --> 00:03:03,217 of a homicidal attack, so I need for you to take a look at this. 25 00:03:05,737 --> 00:03:07,737 MUTTERING 26 00:03:09,577 --> 00:03:12,616 I mean, I've read... How many autopsies we read? Never seen that. 27 00:03:12,617 --> 00:03:13,737 Never. 28 00:03:15,257 --> 00:03:19,017 Hi, is John around, please? Thank you. 29 00:03:20,216 --> 00:03:21,655 Dave Rudolf. 30 00:03:21,656 --> 00:03:23,775 I've got a question for you. 31 00:03:23,776 --> 00:03:28,695 I've read 260 autopsies from blunt trauma to the head 32 00:03:28,696 --> 00:03:32,335 and never once did I see any of your people say, 33 00:03:32,336 --> 00:03:37,375 "The inflicted trauma is clearly from a homicidal assault." 34 00:03:37,376 --> 00:03:38,976 Um... 35 00:03:41,496 --> 00:03:46,455 All right, well, could you call me back after you get done? 36 00:03:46,456 --> 00:03:48,616 Yeah, I appreciate it. Thanks. 37 00:03:53,575 --> 00:03:55,575 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 00:04:23,774 --> 00:04:26,893 that she called her mother, complaining of headaches. 45 00:04:26,894 --> 00:04:30,293 She hated doctors. Like, I don't like doctors either. 46 00:04:30,294 --> 00:04:32,413 Neither does Martha. 47 00:04:32,414 --> 00:04:37,053 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 00:04:52,173 --> 00:04:55,412 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 00:04:57,173 --> 00:05:00,692 the two things they had in common besides being my mothers were 55 00:05:00,693 --> 00:05:04,332 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 60 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 62 00:05:23,532 --> 00:05:26,011 the result of several blows to the head, 63 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... 66 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 99 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 00:07:47,008 --> 00:07:49,327 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 121 00:08:32,766 --> 00:08:35,766 that they're both found at the bottom of stairs... 122 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 124 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, 146 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 148 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 172 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 174 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... 176 00:12:37,158 --> 00:12:40,757 If the state try to introduce evidence of that in the court, 177 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... 179 00:12:46,198 --> 00:12:47,797 Has the state filed 180 00:12:47,798 --> 00:12:52,636 a motion to have the court consider Miss Ratliff's death? 181 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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