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We've been trying this case
for four months today.
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Started May 5th, it's September 5th.
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Then we're not paying any more
money, so forget about it.
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So actually... the reason
for this meeting
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is so that everyone knows
we're quitting!
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OK. We did the cross.
Done your part.
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That's right, hey, I can't do
any more, I'm tired.
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All right, so, erm, this,
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to me, is not an academic exercise
at all
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because I have a real question
in my mind about,
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a, whether we should put
on any evidence at all
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and, b, if we should
put on evidence, what it should be.
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The one thing I've absolutely
no doubt in my mind about
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in this particular topic is
that you shouldn't testify.
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I don't see any upside to that
and I see lots of downsides,
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but obviously, Mike,
this is your decision.
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You know, this is your life. Whether
you should testify is your call.
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So, let's start with Bill and go
round the table
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and hear what people have to say.
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Er, first of all, I think I would
definitely put on the defence,
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if that's the first issue
that we need to decide.
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I think there are a couple of jurors
who I think are leaning to
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a conviction at this point and
I think that the experts that
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we've hired and the theories that
they've come up with
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and the way they
explain things are so compelling
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that it may shift those two jurors.
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So I think we need to help some of
the jurors along.
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Todd? Clearly you need a defence.
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Prior to Radish's testimony,
I feel that everybody would have
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voted not guilty. Erm, her...
Radish's testimony
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was quite effective
with at least three jurors,
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notably Rogers, and it will
take medical testimony
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to get her back on the not guilty
side. OK. Ron?
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We're in a hell of a good position
just with prosecution's evidence in.
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Would we get an acquittal?
I don't know.
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I believe we definitely would get
a hung jury.
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And then you get a hung lawyer,
I'm not going through this again.
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Sorry, Mike.
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I just don't see a conviction,
but I see a hung jury at this point.
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I don't see an acquittal and that's
a gamble that we have to take.
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I want to say something else
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and that is you are not
universally liked.
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I know that might come as
a great shock to you.
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I think there's a couple of people
on the jury that actually
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don't like you very much.
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You are perceived as very slick, you
know, very oily, by them, I think.
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It's the old theme, you know,
"He's got a lot of money,"
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most of which we've given to you,
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and we've hired
high-powered defence to get him off.
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Well, you're not going
to have permission
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to put that particular segment
in the film.
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Because one of David's... Because
one of David overriding goals,
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every day of his life
that I've known him,
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has been for everyone
to love him, all the time.
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In that case, can I be excused,
your honour?
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Um... Tom?
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One of the of burdens of putting
on defence
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is you lose some of the reasonable
doubt argument you otherwise have.
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If you put experts on, you are on
under some burden to prove something
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and it becomes a little bit more
of an equal match.
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I think Radish... She's got some
very basic things she says that
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no cross can take away, somebody
else has to come and take away,
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these seven lacerations
or seven separate blows,
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but you've got to have somebody else
explain either how that could happen
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or that there aren't seven impacts,
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so I think there's probably
some basic stuff,
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at least on the medicine,
that needs to be answered. Mike?
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I agree that we need a defence if
only to answer some of the questions
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Radish raised and to fill
in a couple of the holes that
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people might have, but not much.
OK.
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I mean, here's the truth,
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the two or three points the jury is
going to trip the most on is...
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..the number of lacerations.
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How the fuck do you get these
many lacerations in these locations
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from falling down the stairs?
That was the main thing...
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The only thing you've got to prove,
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as far as I'm concerned, is that it
wasn't that damn blow poke...
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They've fucking married
themselves...
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I know... Yeah, they are.
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I know that, so therefore...
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I mean, Deborah Radish, I mean, it's
like superglue at this point.
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I mean, the bottom line is
that I think, you know,
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I can get up there in closing
argument and say,
84
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"Let's just cut to the chase here.
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"If you have a reasonable doubt
about whether that blow poke..."
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Was even in the house. "..was in
the house on December 9th, 2001..."
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It's not guilty.
"it's not guilty."
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No, no, no, we need
a Johnnie Cochran phrase.
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I've got one, I've got one.
Oh, what is it? What is it?
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I've got a better one.
Is it called, "Blow, he must go"?
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"If it ain't the poke...
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"If it ain't the poke,
he ain't the bloke."
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Oh! I like that.
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"If it ain't the poke,
he's not going to the poke."
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How about, "Deaver's got no hair
and the proof's not there."
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Hello. Welcome again to Durham.
It's nice to see you.
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I'm tired, I'm exhausted.
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This is my brother...
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my brother, Bill. Hi, Henry. Hello.
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And my son, Todd. Hi, Henry. Hi.
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And my son Todd.
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Hi. How are you doing?
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Deaver says all going
same direction.
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No, there's clearly two different
directions, opposite directions.
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Right. There's two drops
opposite direction,
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more so the different angles. Right.
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There's one here. This is...
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Those are... These two
are same direction.
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Deaver says all of these,
this, this, that and that,
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all cast off from a blow over here.
From the same...
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Same event. Same event?
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Impossible.
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Should be 84. 84, exactly.
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84. Now they say, he's here,
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five inches off this.
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How do you...
And swinging the blow poke
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from over there, from outside.
It's almost impossible.
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So you can swing from the inside
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and we just should see cast-offs
there. Right.
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Five inches. Let me do that.
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She is five feet two, 62 inches.
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That's just 62 inches. Hit here.
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So that can cause a multi-fracture
now. Multi-lacerations.
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Laceration now.
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And then she tried to somehow, dizzy
and fall, sit here,
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maybe fall here and coughing,
breathing, OK?
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That's why all the spatter... Some
time later the shoulder touch here,
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probably again for support, that's
why there's so many fingerprints
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here on the side, just slipped, yes.
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Here, more likely,
she was already on the ground.
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Something like that. OK.
Meanwhile, coughing. Right.
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Bleeding. So...
HE COUGHS
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Yeah. Exactly.
134
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So that's why there's the shadow...
shadowing, in fact
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You know, the bottom line here is
accidental fall. Right.
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It's not consistent with a beating.
That's the bottom line.
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It's going to be a long night.
Hey, good luck.
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I think I want to start with,
"Are you aware that Agent Deaver
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"has given this jury the opinion
that the blood staining
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"in that stairway, er, indicates...
indicates it's a beating?"
141
00:10:28,374 --> 00:10:29,773
"Yes, I know that."
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00:10:29,774 --> 00:10:31,814
"Do you agree with that?" "No."
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"Do you have an opinion as to
whether it's more consistent with
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"a beating or more consistent
with an accident?"
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"Yes."
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No, that's the last question.
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Well, I'm going to come back.
You want to say that? OK.
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Because you have to build up
on this. Yeah. Why?
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Why do you want to start with...
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Just so the jury understands that
you're there to disagree with him.
151
00:11:00,139 --> 00:11:02,899
You don't have to have
them to understand.
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I'm here, basically, I disagree.
If I...
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If I agree, I don't show up.
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That shows the direction. Do you see
what I mean? That's perfect.
155
00:11:20,423 --> 00:11:23,103
So that's how we know
which direction.
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And now we're going to move into
medium velocity.
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That's a cast-off pattern.
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The cast-off pattern,
it changes along the line,
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the ratio, length and width.
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You can't just base on one drop,
say, "That's a cast-off."
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It can be any possibility.
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All right, Henry, they're going to
send me in the morning. It's good.
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It's good. Just dab it on.
That hair.
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That much hair did all that?
No, this hair each time, you see.
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You see that? Yeah. What are we...
What if it could be coughing?
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Huh? What's for the coughing? Ink.
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Come on. Ketchup or Jell-o,
you have your choice.
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OK, Ron, you do it. See if maybe
your cough is better than mine.
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Which one is ketchup?
This is ketchup.
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HE SPITS
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THEY LAUGH
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You swallow it?
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That's... Oh, no,
I've got to get my carpet cleaned.
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That's a bad experience.
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Right.
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Now, if something in motion...
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You hold this.
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I hope this is not a new suit.
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00:13:40,928 --> 00:13:42,847
Let's say... I'm have a weapon.
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Weapon, I have some... Here.
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I got you.
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Now, you have a cast-off pattern.
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Cast-off pattern, as you can see,
is a line formation.
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You have to look at the totality.
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You can't just pick one
and so that's the one.
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00:14:05,972 --> 00:14:08,611
When I look at
the staircase ceiling,
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as you probably recall, have a cat
picture on the north wall.
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Er, above the picture,
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nothing on the higher point of this
area,
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so if an individual with a weapon,
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00:14:25,175 --> 00:14:29,335
say 40 inches long, hitting,
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I should see something
on the ceiling, cast-off pattern,
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some maybe argue, say, could be
chop the weapon a little bit,
194
00:14:37,937 --> 00:14:44,418
but if you do that, very difficult
not to get some blood spatter
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on whoever, er, suspect's clothing.
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00:14:48,059 --> 00:14:53,139
Focusing on that for a second,
did you inspect Mr Peterson's shirt?
197
00:14:53,140 --> 00:14:57,060
Yes, I did inspect
Michael Peterson's shirt.
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00:14:57,061 --> 00:14:58,500
It's a dark blue shirt,
199
00:14:58,501 --> 00:15:01,021
it's very difficult to see
with naked eyes,
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00:15:01,022 --> 00:15:06,261
so what we did is use a higher
magnification, use light sources,
201
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and tried to look at any area,
see any spatter on that.
202
00:15:12,143 --> 00:15:14,903
I didn't find any blood spatter.
203
00:15:14,904 --> 00:15:19,544
Did you observe anything
in the scene that was inconsistent
204
00:15:19,545 --> 00:15:23,664
with Kathleen Peterson having died
from an accident in the stairway?
205
00:15:23,665 --> 00:15:25,625
When we look at the blood
spatter pattern,
206
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we have to look at the totality,
the whole pattern,
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00:15:29,787 --> 00:15:35,186
instead of jumping
to focus on one small drop,
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just like you go to a forest, you
want to see the whole forest first
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00:15:40,428 --> 00:15:42,988
before we examine individual trees.
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00:15:42,989 --> 00:15:48,349
Location one,
we can see this area contact,
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that's another contact down coming
downwards, the blood goes downwards.
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We have some spatter in this area
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which the model can't really show
up, some spatter on the wall too.
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This is consistent with Kathleen
have more likely hit the moulding,
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00:16:05,833 --> 00:16:08,672
erm, have some spatter.
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00:16:08,673 --> 00:16:11,593
Now location number two.
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Here, the majority of this portion
of it is a multiple deposit
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00:16:16,275 --> 00:16:21,275
of stains - smear, spatter,
wipe and swipe pattern.
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00:16:21,276 --> 00:16:26,755
The rest of it, we see spatter goes
all different directions,
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notable, as I say, approximately
4,000 or more.
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00:16:32,998 --> 00:16:38,438
So if a beating, you don't create
that much blood spatter.
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00:16:38,439 --> 00:16:44,279
This based on my experience, has
to be multiple origin, coughing,
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shaking her hair,
shaking her hair, moving around.
224
00:16:48,760 --> 00:16:52,760
Maybe some impact spatter there,
but just everything,
225
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it's all together.
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00:16:53,921 --> 00:16:59,201
Dr Lee, based on your education and
job training and your experience
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00:16:59,202 --> 00:17:02,442
and on your own observations
of the findings in this case,
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00:17:02,443 --> 00:17:06,002
do you have an opinion
to a reasonable degree
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00:17:06,003 --> 00:17:09,483
of scientific certainty
as to whether the totality
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00:17:09,484 --> 00:17:12,083
of the evidence in this case
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00:17:12,084 --> 00:17:15,644
from the scene
is more consistent with
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a beating or is more consistent
with an accident?
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00:17:19,406 --> 00:17:22,845
It's more consistent with
an accident. That's all I have.
234
00:17:22,846 --> 00:17:24,246
Thank you, Doctor.
235
00:17:24,247 --> 00:17:26,286
Let's take a 15 minute break.
236
00:17:26,287 --> 00:17:27,327
MURMURING
237
00:17:33,208 --> 00:17:38,928
Now, do you recall having a series
of conversations with Agent Deaver
238
00:17:38,929 --> 00:17:42,689
after having looked at the model
and seeing the targets
239
00:17:42,690 --> 00:17:45,169
that he created
and looking at the test...
240
00:17:45,170 --> 00:17:47,370
Yes, we had some conversation
with him.
241
00:17:47,371 --> 00:17:49,250
Do you recall telling him
242
00:17:49,251 --> 00:17:52,771
that you had travelled
around the United States
243
00:17:52,772 --> 00:17:56,851
and that this was some of
the best work that you had seen.
244
00:17:56,852 --> 00:18:00,052
I tell him something,
he did some good work
245
00:18:00,053 --> 00:18:04,132
and the model is beautiful, but
the model did not prove anything.
246
00:18:04,133 --> 00:18:06,893
Let me show you a copy of your book.
247
00:18:06,894 --> 00:18:09,213
You recall giving him
a copy of your book?
248
00:18:09,214 --> 00:18:13,494
Yes, I generally give everybody of
my book, I want them to learn.
249
00:18:13,495 --> 00:18:18,815
Do you recall signing an inscription
with the note, "To Agent Deaver,"
250
00:18:18,816 --> 00:18:20,695
in this book when you were there?
Yes.
251
00:18:20,696 --> 00:18:23,216
If you would, please,
read what the note says.
252
00:18:23,217 --> 00:18:27,857
I say, "To Duane Deaver,
one of the best,
253
00:18:27,858 --> 00:18:32,617
"keep up with your good work.
With warm regards, Henry Lee."
254
00:18:32,618 --> 00:18:33,939
Yes.
255
00:18:35,779 --> 00:18:39,020
You probably found
thousands of this same...
256
00:18:41,780 --> 00:18:45,500
You wouldn't give it to him unless
you had felt that way, would you?
257
00:18:45,501 --> 00:18:49,820
No, no, no, I give everybody
courtesy, that's Chinese culture.
258
00:18:49,821 --> 00:18:51,541
I went to his place.
259
00:18:51,542 --> 00:18:55,181
He extend a courtesy,
let me see what he has,
260
00:18:55,182 --> 00:19:00,222
that's my upbringing, respect
other people, I give him a book.
261
00:19:00,223 --> 00:19:05,903
And cannot write, say, "You're..."
I don't want to say,
262
00:19:05,904 --> 00:19:08,784
You can't write on the book, say
somebody,
263
00:19:08,785 --> 00:19:11,145
"You're totally wrong,"
or something.
264
00:19:12,545 --> 00:19:13,905
What are you going to write?
265
00:19:13,906 --> 00:19:17,265
His conclusion was wrong,
but he tried very hard.
266
00:19:17,266 --> 00:19:20,066
I cannot say he did not try
to do good work.
267
00:19:20,067 --> 00:19:22,586
Agent Deaver did a lot of work.
268
00:19:22,587 --> 00:19:27,388
So you're agreeing then that
he did good work. I did that...
269
00:19:28,868 --> 00:19:32,948
What do you want me to say -
he did lousy work on the book?
270
00:19:32,949 --> 00:19:34,828
I cannot say that.
271
00:19:34,829 --> 00:19:37,509
Just like I give Mr Rudolf a book,
272
00:19:37,510 --> 00:19:41,069
I say, "You're one of the best
attorneys," but he's lousy.
273
00:19:41,070 --> 00:19:44,871
I give him a book and, er...
274
00:19:48,152 --> 00:19:51,231
Now, based on all that you saw...
Yes.
275
00:19:51,232 --> 00:19:53,992
..and all that you did
or all that you didn't do,
276
00:19:53,993 --> 00:19:57,352
is it your testimony before
this jury
277
00:19:57,353 --> 00:20:02,594
that you can absolutely
conclusively exclude...
278
00:20:04,154 --> 00:20:08,834
..that Kathleen Peterson
was beaten on the head?
279
00:20:08,835 --> 00:20:15,395
I say my conclusion more consistent
with an accidental fall.
280
00:20:15,396 --> 00:20:20,276
But you can't exclude that she was
beaten, based on all you did...
281
00:20:20,277 --> 00:20:24,517
Nobody can exclude everything,
but the pattern tells me
282
00:20:24,518 --> 00:20:30,079
the indication, everything,
more consistent with an accident.
283
00:20:32,159 --> 00:20:37,999
Court TV called me and they want
some documents you said you have.
284
00:20:38,000 --> 00:20:40,200
I guess it's from
this library stuff? Yeah.
285
00:20:40,201 --> 00:20:43,320
Well, I guess they're too lazy to do
all the work you've done. Well, I...
286
00:20:43,321 --> 00:20:45,161
Yeah. This has taken a lot of work.
I...
287
00:20:45,162 --> 00:20:47,401
Nobody wanted to go through
these boxes.
288
00:20:47,402 --> 00:20:49,161
I'm not going to give her
everything,
289
00:20:49,162 --> 00:20:51,682
I was only going to give her
the one that I mentioned to her.
290
00:20:51,683 --> 00:20:54,002
Well, unless she does something
really nice for me.
291
00:20:54,003 --> 00:20:56,523
And then I'll give her the one
that I gave to Jim Hardin today.
292
00:20:56,524 --> 00:21:01,404
Well, she bought you a very nice
dinner. Yeah, yeah, that's true.
293
00:21:02,525 --> 00:21:04,805
But I didn't ask her to.
Well, that's true.
294
00:21:07,646 --> 00:21:09,645
Let me see what it is.
295
00:21:09,646 --> 00:21:11,885
I can see it, 4 to 11.
296
00:21:11,886 --> 00:21:13,166
All right.
297
00:21:17,527 --> 00:21:21,208
Boy, this is nicely organised.
Right, so... Course conference.
298
00:21:23,928 --> 00:21:28,528
What I find really amazing about
all this is that he kept so much
299
00:21:28,529 --> 00:21:31,889
of his life from such a young age
that he...
300
00:21:31,890 --> 00:21:34,090
I guess he is narcissistic.
301
00:21:35,850 --> 00:21:38,250
"You cannot kill and be unaffected.
302
00:21:38,251 --> 00:21:41,370
"Like an animal who first tastes,
so is a man who kills,
303
00:21:41,371 --> 00:21:43,811
"he is for ever disposed
to that thirst.
304
00:21:43,812 --> 00:21:45,731
"When he sees how simple is the act,
305
00:21:45,732 --> 00:21:47,331
"he is forever disposed to
that thirst.
306
00:21:47,332 --> 00:21:49,852
"Perhaps he will never kill
again or ever want to,
307
00:21:49,853 --> 00:21:53,573
"but always in his mind
is the knowledge of the act.
308
00:21:53,574 --> 00:21:55,654
"The awareness of its simplicity...
309
00:21:59,375 --> 00:22:03,774
"the peculiar reminder of elation,
sexuality,
310
00:22:03,775 --> 00:22:05,815
"that accompanied the deed
311
00:22:05,816 --> 00:22:08,815
"and too that he was licence
rewarded of something never caught."
312
00:22:08,816 --> 00:22:10,936
Where the heck was that published?
313
00:22:10,937 --> 00:22:13,976
See, this, he talks about Frissel
in here,
314
00:22:13,977 --> 00:22:16,457
this is his A Time Of War book.
315
00:22:16,458 --> 00:22:19,417
I've got to put it back with the
other stuff. I don't know, it's...
316
00:22:19,418 --> 00:22:22,458
I don't know where it's stuck with
this but that's where I found it.
317
00:22:22,459 --> 00:22:24,579
Death and sexuality are a bit of...
318
00:22:26,019 --> 00:22:29,899
I copied one of these things here
that says sex and violence are
319
00:22:29,900 --> 00:22:33,820
always intertwined in his
books and, believe me, they are.
320
00:22:33,821 --> 00:22:36,380
Well, he's been adding
to this periodically.
321
00:22:36,381 --> 00:22:37,620
Well, if you read through it,
322
00:22:37,621 --> 00:22:41,622
you will see that there's some
homosexual military stuff. OK.
323
00:22:43,902 --> 00:22:46,502
It's, like, in everything he writes.
324
00:22:46,503 --> 00:22:50,142
Is the word "autobiography"
used on it at any place? No.
325
00:22:50,143 --> 00:22:52,543
You don't actually see that word?
326
00:22:52,544 --> 00:22:56,303
Does he refer to himself in first
person singular? First person.
327
00:22:56,304 --> 00:22:59,144
First person? OK.
He's writing about himself.
328
00:22:59,145 --> 00:23:03,065
I mean, he can come up with
something else, but I sure think
329
00:23:03,066 --> 00:23:06,785
this one is him trying to figure out
what's wrong with him.
330
00:23:06,786 --> 00:23:09,266
There's so many things in
here that correspond
331
00:23:09,267 --> 00:23:11,546
with what I believe
I know about that book.
332
00:23:11,547 --> 00:23:14,387
I can't believe anything my
brother-in-law tells us any more,
333
00:23:14,388 --> 00:23:16,227
but what I thought I knew
about his life,
334
00:23:16,228 --> 00:23:17,587
about him getting married,
335
00:23:17,588 --> 00:23:19,428
going off to Vietnam and
certain other things
336
00:23:19,429 --> 00:23:22,308
and this one thing at the back,
337
00:23:22,309 --> 00:23:25,069
oh, I want it to be
that he's talking about himself.
338
00:23:25,070 --> 00:23:27,429
It's this handwritten thing. Ah!
339
00:23:27,430 --> 00:23:31,710
He talks about that he's
an aberrant personality,
340
00:23:31,711 --> 00:23:34,510
that he's pure wicked,
that he's incapable of moral action.
341
00:23:34,511 --> 00:23:37,431
I spent a long time reading his
handwriting, I'm getting to know it.
342
00:23:37,432 --> 00:23:38,871
Yeah, oh yeah. So, I thought, "Wow!
343
00:23:38,872 --> 00:23:43,512
"He knows something's wrong with him
and he's trying to figure it out
344
00:23:43,513 --> 00:23:47,472
"and unfortunately he took it out on
my sister and some other people,"
345
00:23:47,473 --> 00:23:53,233
but, er, the DA can't bring it in
unless Michael gets on the stand,
346
00:23:53,234 --> 00:23:55,994
but there's not much else I can do.
347
00:23:55,995 --> 00:23:59,435
What I couldn't find anywhere was
where he talked about how he planned
348
00:23:59,436 --> 00:24:03,595
to seduce women and push them down
the stairs and collect their money.
349
00:24:03,596 --> 00:24:08,716
That was like... I couldn't
find that. That's no big deal.
350
00:24:08,717 --> 00:24:12,557
OK, that's the one where he talks
about happiness is murdering.
351
00:24:12,558 --> 00:24:14,557
OK, so this is...
352
00:24:14,558 --> 00:24:17,558
I don't think it's worth copying
all this for Laurie,
353
00:24:17,559 --> 00:24:21,199
but it's a short story set
in Germany... Mm-hm... and...
354
00:24:22,880 --> 00:24:24,480
..here we go.
355
00:24:25,800 --> 00:24:29,640
"Hell is not being happy
and being happy is what?
356
00:24:29,641 --> 00:24:31,800
"Being happy is doing what you want.
357
00:24:31,801 --> 00:24:34,681
"Doing what you want
is an exercise in pleasure.
358
00:24:34,682 --> 00:24:37,441
"Therefore being happy
is doing what gives you pleasure.
359
00:24:37,442 --> 00:24:39,442
"Loving, sacrificing, murdering."
360
00:24:40,963 --> 00:24:45,763
I could see the loving part...
and possibly even sacrificing.
361
00:24:45,764 --> 00:24:48,643
Make two copies of that.
Two copies.
362
00:24:48,644 --> 00:24:50,044
I'll make three.
363
00:24:55,885 --> 00:24:59,885
Could you tell the jury
what biomechanics is?
364
00:24:59,886 --> 00:25:03,206
Well, the word in biomechanics,
365
00:25:03,207 --> 00:25:09,687
mechanics, is that study of forces
and motions on objects,
366
00:25:09,688 --> 00:25:14,688
how objects deform, how they tear,
how they break, how they rupture.
367
00:25:14,689 --> 00:25:17,968
When you focus it as biomechanics,
368
00:25:17,969 --> 00:25:21,049
it ends up being
that same application to understand
369
00:25:21,050 --> 00:25:24,049
the deformations and the forces
on the human body.
370
00:25:24,050 --> 00:25:29,170
Have you supervised
the creation of an exhibit?
371
00:25:29,171 --> 00:25:33,211
Could you describe to the members
of the jury what it was
372
00:25:33,212 --> 00:25:37,772
and how it was created in terms
of what mathematics, what figures,
373
00:25:37,773 --> 00:25:39,972
what science went into it?
374
00:25:39,973 --> 00:25:44,133
Basically, we had to reconstruct
graphically the dimensions
375
00:25:44,134 --> 00:25:48,974
of the scene and we had to...
from pictures of Ms Peterson
376
00:25:48,975 --> 00:25:53,174
standing up, etc, to approximate
her height and shape
377
00:25:53,175 --> 00:25:57,815
and we had to use all that
information to see if a scenario
378
00:25:57,816 --> 00:26:02,137
of a fall is possible and,
in fact, if it's realistic...
379
00:26:03,217 --> 00:26:05,137
..and, in fact, if it's likely.
380
00:26:06,418 --> 00:26:09,857
You know, this is an action that
could happen any different ways,
381
00:26:09,858 --> 00:26:12,818
but basically she lost her balance
and fell straight back,
382
00:26:12,819 --> 00:26:16,099
nothing to let restrain herself
when she let go of the railing.
383
00:26:17,460 --> 00:26:23,420
And how far did her head travel,
did the simulation head travel,
384
00:26:23,421 --> 00:26:26,180
before it hit that moulding?
385
00:26:26,181 --> 00:26:30,701
For this one,
it's about a 35 inches of arc.
386
00:26:30,702 --> 00:26:34,222
OK, and that's how you're figuring
out the load that's created
387
00:26:34,223 --> 00:26:37,302
that's sufficient to create
the lacerations,
388
00:26:37,303 --> 00:26:41,143
but not sufficient to cause
a fracture? Right. OK.
389
00:26:41,144 --> 00:26:45,143
This is one of the possibilities
that that doorjamb, its shape,
390
00:26:45,144 --> 00:26:47,504
and how high she fell from that
391
00:26:47,505 --> 00:26:50,625
could have accounted
for this injury.
392
00:26:58,107 --> 00:27:00,466
The left arm has a contact,
393
00:27:00,467 --> 00:27:03,827
the right arm has a contact
against the moulding.
394
00:27:03,828 --> 00:27:05,787
Is there a bruise in that location?
395
00:27:05,788 --> 00:27:08,469
Yeah, these are
the consistent elbow bruises.
396
00:27:09,869 --> 00:27:13,388
Continuing with the contact points,
the back of her head,
397
00:27:13,389 --> 00:27:15,470
above the neck, contacts that step.
398
00:27:16,910 --> 00:27:21,350
We saw the first one from that first
contact and the second one
399
00:27:21,351 --> 00:27:25,992
resting on that step
is responsible for these two.
400
00:27:30,992 --> 00:27:34,232
From a sitting position, getting up,
you see where her feet are,
401
00:27:34,233 --> 00:27:37,274
she slips out,
loses her balance there...
402
00:27:39,314 --> 00:27:42,353
If she were taller,
if she was six foot five,
403
00:27:42,354 --> 00:27:45,034
she'd probably
hit the east wall or something.
404
00:27:45,035 --> 00:27:47,314
I mean, this is a dimensional issue,
405
00:27:47,315 --> 00:27:51,155
so falling from that point
allows her to hit where she hits,
406
00:27:51,156 --> 00:27:53,796
because that's her
characteristic length.
407
00:27:56,357 --> 00:28:01,477
How many autopsies have you attended
where the ultimate opinion
408
00:28:01,478 --> 00:28:05,037
of the pathologist
was that an adult person died
409
00:28:05,038 --> 00:28:07,278
as a result of a beating death?
410
00:28:07,279 --> 00:28:09,718
No, I didn't do that.
How many? None.
411
00:28:09,719 --> 00:28:12,799
But not having had that
experience and not being
412
00:28:12,800 --> 00:28:15,439
a forensic pathologist yourself,
413
00:28:15,440 --> 00:28:18,280
you've come into this court room and
told this jury that Deborah Radish,
414
00:28:18,281 --> 00:28:21,080
who actually performed the autopsy,
is just dead wrong about this?
415
00:28:21,081 --> 00:28:22,240
What I'm saying is,
416
00:28:22,241 --> 00:28:27,761
it's more likely that a fall impact
caused this
417
00:28:27,762 --> 00:28:30,322
and we have biomechanical
evidence
418
00:28:30,323 --> 00:28:34,082
that an impact with
a hollow cylinder wouldn't do it.
419
00:28:34,083 --> 00:28:36,723
She is wrong,
if that's what she's saying.
420
00:28:36,724 --> 00:28:41,084
Would you agree that a person
that's actually there performing
421
00:28:41,085 --> 00:28:45,204
the work on a body,
whether it be surgical work
422
00:28:45,205 --> 00:28:47,445
or work as
a forensic pathologist,
423
00:28:47,446 --> 00:28:51,445
would you not agree that that person
who can actually look at the body,
424
00:28:51,446 --> 00:28:53,446
feel the organs, feel the wounds,
425
00:28:53,447 --> 00:28:56,806
might have a better vantage point
in making a final decision
426
00:28:56,807 --> 00:29:01,047
about a case than a person later on
doing like what you did?
427
00:29:01,048 --> 00:29:04,448
I don't know how she could determine
how those injuries occurred.
428
00:29:04,449 --> 00:29:10,169
If she determined that those
injuries were the cause of death,
429
00:29:10,170 --> 00:29:12,249
that's fine, but the causation,
430
00:29:12,250 --> 00:29:14,610
the mechanism
by which these things occurred,
431
00:29:14,611 --> 00:29:17,370
whether they're cut with a knife
432
00:29:17,371 --> 00:29:20,691
or a cylinder or a flat object
or a fall,
433
00:29:20,692 --> 00:29:24,251
I would be surprised if Dr Radish
would be able to do that.
434
00:29:24,252 --> 00:29:26,292
If I know medical training,
435
00:29:26,293 --> 00:29:29,612
they don't have causation
training by mechanics.
436
00:29:29,613 --> 00:29:30,812
Sir, my question was,
437
00:29:30,813 --> 00:29:34,133
whether you would agree that
a person that's actually there,
438
00:29:34,134 --> 00:29:37,013
whether it be a doctor
or a pathologist
439
00:29:37,014 --> 00:29:40,334
or even someone in your position,
actually there,
440
00:29:40,335 --> 00:29:42,654
visualising a person's body,
441
00:29:42,655 --> 00:29:46,095
looking at their wounds,
feeling their wounds,
442
00:29:46,096 --> 00:29:47,935
measuring their wounds,
443
00:29:47,936 --> 00:29:49,936
looking at all the different
things on the body,
444
00:29:49,937 --> 00:29:52,936
would you not agree that a person
with that vantage point would
445
00:29:52,937 --> 00:29:56,297
really have an advantage in making
a decision in a case like this?
446
00:29:56,298 --> 00:29:57,417
Making a decision...
447
00:29:57,418 --> 00:30:00,658
A person that's right there
with their hands, right there,
448
00:30:00,659 --> 00:30:01,978
with the eyes right there.
449
00:30:01,979 --> 00:30:04,698
Not on the causation,
the event that caused the injuries.
450
00:30:04,699 --> 00:30:09,299
I don't believe just by being there,
you have sufficient insight
451
00:30:09,300 --> 00:30:13,140
and knowledge to determine how those
injuries were caused.
452
00:30:13,141 --> 00:30:14,701
OK.
453
00:30:18,462 --> 00:30:20,861
Somebody, and it was probably
on Court TV said,
454
00:30:20,862 --> 00:30:22,461
you know, the defence...
455
00:30:22,462 --> 00:30:26,022
You know, they haven't injected a
single bit of emotion in this case.
456
00:30:26,023 --> 00:30:27,822
It's been science, science, science,
457
00:30:27,823 --> 00:30:29,824
when, in fact,
this is two dead women.
458
00:30:30,864 --> 00:30:35,904
That is a problem from... Just from
the point of view I'm talking about,
459
00:30:35,905 --> 00:30:39,344
which is the story.
That's what I do for a living.
460
00:30:39,345 --> 00:30:42,265
I just tell stories
and everyone wants to hear
461
00:30:42,266 --> 00:30:45,265
a story from the time
they're little babies -
462
00:30:45,266 --> 00:30:50,346
this is the story and better
a nice story than a scary story.
463
00:30:50,347 --> 00:30:53,427
I do see that where we haven't
told a story,
464
00:30:53,428 --> 00:30:57,307
except in the sense that here are
the forensics
465
00:30:57,308 --> 00:30:59,748
and that's cold and whatnot.
466
00:30:59,749 --> 00:31:03,949
But I don't know how
you get in to the story,
467
00:31:03,950 --> 00:31:09,590
anybody's story without going into
the other side, the bad stuff,
468
00:31:09,591 --> 00:31:12,710
that everybody doesn't particularly
want to have come out in their life,
469
00:31:12,711 --> 00:31:14,710
because for every good thing,
there's...
470
00:31:14,711 --> 00:31:17,471
If there's not at least a bad thing,
somewhere back there
471
00:31:17,472 --> 00:31:20,832
there's a different spin on it
and it can come back. I don't know.
472
00:31:20,833 --> 00:31:24,512
I don't know. Well, it's a razor's
edge and I think the prosecution
473
00:31:24,513 --> 00:31:27,473
has used every dirty trick they can
474
00:31:27,474 --> 00:31:30,913
to do character assassination
on Mike
475
00:31:30,914 --> 00:31:36,834
and they've taken every little point
that could possibly have been made
476
00:31:36,835 --> 00:31:40,475
and twisted it
in a light most unfavourable.
477
00:31:40,476 --> 00:31:44,676
You know, there has been a lot of
emotional testimony there
478
00:31:44,677 --> 00:31:49,437
and that... when there gets to be
debates in the jury room
479
00:31:49,438 --> 00:31:52,277
between... on the science,
480
00:31:52,278 --> 00:31:56,198
if you've got swing people,
what they fall back on?
481
00:31:56,199 --> 00:32:00,639
A lot of those people could
fall back on emotion.
482
00:32:00,640 --> 00:32:02,439
What can we do about that?
483
00:32:02,440 --> 00:32:06,840
They have no neighbours,
nobody here within the community,
484
00:32:06,841 --> 00:32:12,041
you're well-known, Kathleen's well
known, nobody really from Nortel,
485
00:32:12,042 --> 00:32:15,601
Caitlin, who they've had access to,
has been in court every day.
486
00:32:15,602 --> 00:32:17,241
If there had been anything negative
487
00:32:17,242 --> 00:32:19,242
that any of these people could
have offered,
488
00:32:19,243 --> 00:32:20,682
they would have brought him in.
489
00:32:20,683 --> 00:32:22,242
To me, that is strong,
490
00:32:22,243 --> 00:32:24,963
the fact that they've had Caitlin
there and if there's anything
491
00:32:24,964 --> 00:32:27,843
within the relationship, they would
have brought her in.
492
00:32:27,844 --> 00:32:30,124
Let me interject.
Now is this something you can use,
493
00:32:30,125 --> 00:32:32,044
that you could turn to and say,
"Look..." Yes.
494
00:32:32,045 --> 00:32:33,684
Oh, OK, all right.
It's a new argument.
495
00:32:33,685 --> 00:32:37,365
So the lack of what they put out,
to me, is stronger
496
00:32:37,366 --> 00:32:38,925
than anything else.
497
00:32:38,926 --> 00:32:44,206
I think that if we open up the door
to anything with your character,
498
00:32:44,207 --> 00:32:45,326
your ass has gone.
499
00:32:45,327 --> 00:32:48,847
I mean, if the forensics were doing
poorly and we thought,
500
00:32:48,848 --> 00:32:51,087
"God, we really need to give
something to the people,"
501
00:32:51,088 --> 00:32:54,728
then maybe you take a risk,
but I think the forensics,
502
00:32:54,729 --> 00:32:56,768
it's gone about as well
as it can go,
503
00:32:56,769 --> 00:32:58,769
you know, other than somebody
magically saying,
504
00:32:58,770 --> 00:33:01,649
"Seven lacerations disappear."
Mm-hm.
505
00:33:01,650 --> 00:33:06,890
Is there anybody who is in
favour of calling any other witness,
506
00:33:06,891 --> 00:33:10,811
including you, Michael,
most importantly, you? No,
507
00:33:10,812 --> 00:33:13,171
because I'm very realistic.
508
00:33:13,172 --> 00:33:15,852
Nobody's insulting me,
I am a big boy,
509
00:33:15,853 --> 00:33:18,332
and hell happens with my life,
510
00:33:18,333 --> 00:33:20,612
so, yes, I understand
511
00:33:20,613 --> 00:33:27,694
and it would be probably
infinitely more negative
512
00:33:27,695 --> 00:33:32,094
in the long run, so drop it.
513
00:33:32,095 --> 00:33:33,456
OK.
514
00:33:43,337 --> 00:33:45,578
Meeting adjourned. OK.
515
00:34:02,461 --> 00:34:03,781
MUFFLED CONVERSATION
516
00:34:04,821 --> 00:34:08,301
If you want to look at the pool...
517
00:34:08,302 --> 00:34:09,581
Does that suit you, Dave?
518
00:34:09,582 --> 00:34:12,662
They could go in this way and do
whatever they're going to do,
519
00:34:12,663 --> 00:34:14,103
see the pool and come exit this way.
520
00:34:39,387 --> 00:34:41,587
Now, what we do is we put the...
521
00:34:41,588 --> 00:34:44,707
We made sure the chair was along
that line there.
522
00:34:44,708 --> 00:34:46,788
Cos it was in the down position.
523
00:34:46,789 --> 00:34:50,188
Yeah, and we tried to match it
so that, remember,
524
00:34:50,189 --> 00:34:52,910
Deaver said it would match that.
Right.
525
00:34:54,590 --> 00:34:55,630
OK.
526
00:35:07,832 --> 00:35:10,513
Oh, I know what
I did want to look at.
527
00:35:36,557 --> 00:35:39,877
Put out all the family photos.
That's right. Oh, absolutely.
528
00:35:39,878 --> 00:35:43,397
Put away all the porn, right?
That's right. All that.
529
00:35:43,398 --> 00:35:45,999
No, I'm only teasing,
I'm only teasing.
530
00:35:50,320 --> 00:35:53,359
You did see the blow poke over
there, right. Oh, I missed it.
531
00:35:53,360 --> 00:35:54,920
We haven't seen it.
532
00:35:58,361 --> 00:36:00,041
I think I've seen enough.
533
00:36:34,327 --> 00:36:35,848
We'll come back up this way.
534
00:36:51,090 --> 00:36:53,130
A lot of them paid
attention to the blood spatter,
535
00:36:53,131 --> 00:36:56,490
even kneeling down,
looking down, squatting,
536
00:36:56,491 --> 00:36:58,491
looking at the dried blood
537
00:36:58,492 --> 00:37:00,411
that was on the moulding
of the doorway,
538
00:37:00,412 --> 00:37:02,691
so they were really interested
in the blood spatter?
539
00:37:02,692 --> 00:37:04,892
Were they talking notes?
540
00:37:04,893 --> 00:37:07,892
Well, they all took notes but they
would come out of the stairwell
541
00:37:07,893 --> 00:37:10,933
and take notes, and go back in, get
another look and take more.
542
00:37:10,934 --> 00:37:13,653
Do you think they wanted
a spatial sense
543
00:37:13,654 --> 00:37:17,374
of whether there was room to...
Well, like I said, earlier,
544
00:37:17,375 --> 00:37:19,814
some of them stood
in the stairwell,
545
00:37:19,815 --> 00:37:22,975
went up about three or four steps
and kind of waved their arms
546
00:37:22,976 --> 00:37:25,375
to kind of get a sense
if you can fall back.
547
00:37:25,376 --> 00:37:27,336
They seemed to be consuming
a lot.
548
00:37:27,337 --> 00:37:28,976
It's one thing to see it
in the pictures,
549
00:37:28,977 --> 00:37:32,296
it's another thing to see
it in person.
550
00:37:32,297 --> 00:37:33,818
How did the blood look? It was dry.
551
00:37:43,099 --> 00:37:46,500
Ron, what are you doing today?
552
00:37:47,980 --> 00:37:50,701
I need you to come to Chapel Hill.
553
00:37:53,541 --> 00:37:57,022
They found the blow poke.
554
00:37:58,662 --> 00:38:00,661
No, THE blow poke.
555
00:38:00,662 --> 00:38:02,823
They found the blow poke.
556
00:38:08,664 --> 00:38:13,745
Hi, Ron. You fucked up
a good golf game. Well, sorry.
557
00:38:15,265 --> 00:38:17,704
You could have gone and played golf.
I didn't...
558
00:38:17,705 --> 00:38:20,625
I had my golf bag on my shoulder,
walking out the door.
559
00:38:20,626 --> 00:38:23,986
Did you really? And then I saw
Rudolf Maher's, so I picked up.
560
00:38:25,227 --> 00:38:28,547
I shouldn't have picked this up,
but I did. All right, erm...
561
00:38:32,308 --> 00:38:37,588
Let's start with me understanding
completely what happened,
562
00:38:37,589 --> 00:38:39,788
all right, so take me...
563
00:38:39,789 --> 00:38:43,789
Take it from the top, Clayton.
I mean, give me the full rundown.
564
00:38:43,790 --> 00:38:46,949
Well, I went downstairs, first thing
I did, I looked at the car,
565
00:38:46,950 --> 00:38:51,110
I looked in the trunk, then I looked
around at the side,
566
00:38:51,111 --> 00:38:53,351
cos that's where the tools are...
567
00:38:53,352 --> 00:38:59,272
OK. And then I came round the
other side and I just saw it there.
568
00:38:59,273 --> 00:39:03,392
It was just right past the trunk,
just sitting there. OK.
569
00:39:03,393 --> 00:39:06,953
So, then I went and got
Margaret and brought her down,
570
00:39:06,954 --> 00:39:08,953
just to make sure,
cos I couldn't believe it.
571
00:39:08,954 --> 00:39:10,514
It was sitting right there.
572
00:39:10,515 --> 00:39:13,154
Then they went upstairs and got Dad.
And what was he doing?
573
00:39:13,155 --> 00:39:16,235
I was reading.
Almost going to sleep.
574
00:39:16,236 --> 00:39:17,915
And Margaret, you went to get him?
575
00:39:17,916 --> 00:39:20,396
Yeah, I just yelled,
"Dad, we found the blow poke.
576
00:39:21,636 --> 00:39:23,516
"Come on, let's go."
577
00:39:23,517 --> 00:39:26,916
We were terrified,
we were freaked that, you know,
578
00:39:26,917 --> 00:39:29,157
literally freaked
as to what happened,
579
00:39:29,158 --> 00:39:32,397
so Margaret got her video
camera out, I got the...
580
00:39:32,398 --> 00:39:34,358
And she got the tape recorder
581
00:39:34,359 --> 00:39:37,398
and we were going and I'd called Tom
by this time, and, you know,
582
00:39:37,399 --> 00:39:39,679
if the cops show up,
we're just going to...
583
00:39:39,680 --> 00:39:42,239
"You can't come into this house
until my attorney, who is..."
584
00:39:42,240 --> 00:39:46,400
I thought you were going to show up
on a motorcycle, appear.
585
00:39:46,401 --> 00:39:49,800
So now, you're waiting on Tom,
what are you doing
586
00:39:49,801 --> 00:39:52,161
while you're all waiting on Tom?
587
00:39:52,162 --> 00:39:55,521
We went in the den and Tom said,
"I want to talk to you, Dad,"
588
00:39:55,522 --> 00:39:58,402
and said, "I'm going to ask you,
would you bet your life
589
00:39:58,403 --> 00:40:01,682
"on that blow poke?" and I know
exactly what he was doing
590
00:40:01,683 --> 00:40:03,123
and what he was saying.
591
00:40:03,124 --> 00:40:07,203
So, I said, "No, absolutely,
592
00:40:07,204 --> 00:40:10,364
"I would bet my life on that blow
poke, unless the cops..."
593
00:40:10,365 --> 00:40:12,484
cos we're still going through
this conspiracy thing,
594
00:40:12,485 --> 00:40:15,286
"unless the cops came, got blood
and put blood on the goddamn thing."
595
00:40:26,368 --> 00:40:28,088
Just be careful.
596
00:40:29,128 --> 00:40:34,248
But how the fuck does that get
missed? How did they miss that, Ron?
597
00:40:34,249 --> 00:40:38,850
Looks like a shower curtain. On the
edge, it looks like a tiny little...
598
00:40:40,570 --> 00:40:43,850
I don't know, I don't know, but what
difference does it make?
599
00:40:43,851 --> 00:40:45,090
It's clearly old.
600
00:40:45,091 --> 00:40:48,692
This is not something that Mike
bought in the last six months.
601
00:40:51,812 --> 00:40:55,293
It's 38 and... It's 38.
602
00:40:58,093 --> 00:41:00,293
You need to go have a talk
with Mike.
603
00:41:00,294 --> 00:41:03,134
I need to make sure that if
we test this fucking thing...
604
00:41:04,734 --> 00:41:06,935
Nice work. Let's go talk.
605
00:41:13,056 --> 00:41:16,737
It seems to me that, erm...
606
00:41:18,937 --> 00:41:21,536
..from a strategic point of view,
607
00:41:21,537 --> 00:41:25,857
I don't have any idea
how this ends up cutting.
608
00:41:25,858 --> 00:41:29,378
I don't think it hurts us
unless the jury feels
609
00:41:29,379 --> 00:41:33,178
like we've staged this in some way.
Yes, yes, yes.
610
00:41:33,179 --> 00:41:35,499
I understand that, Mike, but...
611
00:41:35,500 --> 00:41:39,260
And I think the way we...
It's too preposterous.
612
00:41:39,261 --> 00:41:41,420
OK, it may be too prosperous,
613
00:41:41,421 --> 00:41:47,341
but it is what it is and so it seems
to me that what we need to do
614
00:41:47,342 --> 00:41:50,862
is figure out the best way of
revealing this,
615
00:41:50,863 --> 00:41:55,742
so as to minimise any chance that
the jury is going to feel
616
00:41:55,743 --> 00:41:58,823
like we have staged this
in some way.
617
00:41:58,824 --> 00:42:03,825
I wouldn't buy it in a minute.
My God. Well...
618
00:42:05,345 --> 00:42:07,224
Mike, I don't know what else to do.
619
00:42:07,225 --> 00:42:11,146
I know, I understand that,
I do, I just cannot...
620
00:42:15,667 --> 00:42:18,187
I think this is terrible.
621
00:42:19,348 --> 00:42:22,107
Well, can we get
a professional photographer over,
622
00:42:22,108 --> 00:42:26,988
so that we can actually get
close-ups of the little bugs
623
00:42:26,989 --> 00:42:32,069
and really good pictures of
the cobwebs and all that stuff?
624
00:42:32,070 --> 00:42:36,791
I mean, you know, studio quality
pictures, whatever that takes.
625
00:42:40,351 --> 00:42:43,232
I do not see how this can be turned
into anything good.
626
00:42:52,513 --> 00:42:54,274
HE COUGHS
627
00:42:58,634 --> 00:43:01,874
Now look on here
how many cobwebs you have.
628
00:43:01,875 --> 00:43:05,675
We have to hit it just right
with the light. See right there?
629
00:43:05,676 --> 00:43:09,756
See that group right there? Yeah.
See another group right there?
630
00:43:31,160 --> 00:43:34,200
That's on the front,
was the side here.
631
00:43:34,201 --> 00:43:36,961
So you've got to be careful
when you do this here.
632
00:43:38,561 --> 00:43:42,922
You know, there's all kinds
of filaments attached.
633
00:43:48,723 --> 00:43:50,924
Set it up. That's it.
634
00:43:56,004 --> 00:43:59,245
I got to get your fingerprints
on there somehow.
635
00:44:02,846 --> 00:44:05,685
Somebody squeezing it too tight
there on the middle.
636
00:44:05,686 --> 00:44:06,725
It's not going in.
637
00:44:06,726 --> 00:44:10,407
Right here, Todd. You need to be
careful about this here. OK.
638
00:44:14,968 --> 00:44:17,608
I'm going to let it go
for a minute. OK.
639
00:44:23,569 --> 00:44:25,610
Let me grab it. OK.
640
00:44:26,810 --> 00:44:27,970
You move your hands.
641
00:44:33,411 --> 00:44:36,291
Careful it doesn't pull
through all the way.
642
00:44:37,492 --> 00:44:38,932
Yeah, got it. Fuck!
643
00:44:41,812 --> 00:44:44,773
Now I've got to get upstairs
and see about this.
644
00:44:46,013 --> 00:44:49,134
That's good. That's good.
645
00:44:50,454 --> 00:44:55,214
Goddamn, this looks like something
out of Star Wars. Don't you think?
646
00:44:55,215 --> 00:44:59,615
This looks like Obi-Wan Kenobi.
Here, Obi-Wan Kenobi.
647
00:45:00,656 --> 00:45:04,255
Stop fucking with our evidence.
Don't you think? Obi-Wan Kenobi.
648
00:45:04,256 --> 00:45:07,056
You can't bounce it around
cos the shit's already on it.
649
00:45:07,057 --> 00:45:09,736
All right, all right, all right.
Be careful. So stop.
650
00:45:09,737 --> 00:45:11,537
So what's the plan?
651
00:45:11,538 --> 00:45:15,017
Er, we're going to plead you
tomorrow.
652
00:45:15,018 --> 00:45:16,457
LAUGHTER Hey, I'm ready.
653
00:45:16,458 --> 00:45:19,138
I don't care.
It's this shit I can't handle.
654
00:45:19,139 --> 00:45:22,939
Right, we need to call
Clayton. You do? Yep.
655
00:45:22,940 --> 00:45:29,340
Why do you need Clayton? Because
I think we need to establish...
656
00:45:29,341 --> 00:45:31,900
Let's put it this way.
657
00:45:31,901 --> 00:45:36,061
Suppose we had... Suppose Clayton
had found that three months ago.
658
00:45:36,062 --> 00:45:38,981
All right. All right,
during jury selection,
659
00:45:38,982 --> 00:45:43,742
would there be any doubt in your
mind as we sat there
660
00:45:43,743 --> 00:45:46,343
and listened to Hardin talk about
the blow poke
661
00:45:46,344 --> 00:45:48,143
and how they got
rid of the blow poke,
662
00:45:48,144 --> 00:45:50,183
and the blow poke's
the murder weapon
663
00:45:50,184 --> 00:45:51,464
and Deborah Radish says,
664
00:45:51,465 --> 00:45:53,624
"Oh, yeah, this is it
because it's hard enough
665
00:45:53,625 --> 00:45:56,144
"but not too hard," would there
be any doubt in your mind
666
00:45:56,145 --> 00:45:59,106
that we'd want to put
that blow poke into evidence?
667
00:46:01,226 --> 00:46:03,746
No. I guess. The only thing...
668
00:46:03,747 --> 00:46:09,187
The only fly in the ointment is that
we found it last night,
669
00:46:09,188 --> 00:46:14,548
not three months ago, right? I mean,
let's all get clear on that.
670
00:46:14,549 --> 00:46:16,108
Isn't that really the issue?
671
00:46:16,109 --> 00:46:18,668
If we had found this... If you had
found it six months ago,
672
00:46:18,669 --> 00:46:21,629
would you have any doubt in your
mind about whether we should use it?
673
00:46:21,630 --> 00:46:24,589
Of course not, no.
No. You wouldn't either.
674
00:46:24,590 --> 00:46:26,230
We'd be sitting there salivating.
675
00:46:26,231 --> 00:46:29,950
We'd be waiting for that magic
moment when I took it out.
676
00:46:29,951 --> 00:46:32,631
I don't want Clayton on the stand,
that's all.
677
00:46:32,632 --> 00:46:36,111
They're just going to kill him,
I know that and you know that.
678
00:46:36,112 --> 00:46:39,752
Freda Black is, you know...
What are they going to do?
679
00:46:39,753 --> 00:46:42,993
They're going to establish that when
he was a freshman in college,
680
00:46:42,994 --> 00:46:44,154
he got in trouble?
681
00:46:46,474 --> 00:46:48,834
You know, they're going to
cross-examine him
682
00:46:48,835 --> 00:46:50,914
about his credit card debt?
683
00:46:50,915 --> 00:46:52,434
Yeah. Yeah, OK.
684
00:46:52,435 --> 00:46:56,715
He's got a pending driving
without... A revoked licence.
685
00:46:56,716 --> 00:47:01,357
That's still pending in court here.
He had a DWI two years ago.
686
00:47:02,477 --> 00:47:07,278
All right, I'm going, I've seen
enough of you for today. Be cool.
687
00:47:09,998 --> 00:47:12,399
- Bye, Mike.
- Thanks for a great Sunday
688
00:47:14,999 --> 00:47:17,319
Hey, listen, anything else that
comes up
689
00:47:17,320 --> 00:47:19,999
that's really an emergency...
Call Hardin.
690
00:47:20,000 --> 00:47:21,800
That's right, don't call me.
691
00:47:25,241 --> 00:47:31,722
Oh. And I don't answer the phone
at 2.30. I knows. Ever.
59301
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