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1
00:01:38,400 --> 00:01:41,199
It was a surprise, huh? Holy cow!
2
00:01:41,200 --> 00:01:44,360
Yeah, surprise is an understatement.
Oh, my God!
3
00:01:44,361 --> 00:01:46,840
It was worse when I got
the phone call about this.
4
00:01:46,841 --> 00:01:48,961
Oh, jeepers creepers!
5
00:01:48,962 --> 00:01:51,801
It was like one of those...
what, what, what?
6
00:01:51,802 --> 00:01:54,241
Yeah, it was 2.30 in the morning.
Oh, my God.
7
00:01:54,242 --> 00:01:57,482
"You're telling me I need to come.
Goddamn, I'm sleeping, why?"
8
00:01:57,483 --> 00:02:01,043
"Well, we found the blow poke."
"OK, I'm coming."
9
00:02:20,326 --> 00:02:24,206
You push that with... See, there's
a little bit of fresh metal there.
10
00:02:24,207 --> 00:02:26,926
That's because of the knife.
That's because of the knife.
11
00:02:26,927 --> 00:02:31,087
The rest of that then
looks fairly oxidised.
12
00:02:31,088 --> 00:02:34,887
To me, it looks even... See inside,
the threads are there? Right.
13
00:02:34,888 --> 00:02:37,367
The thing's dirty,
it's got grime on it.
14
00:02:37,368 --> 00:02:40,328
If you take the cue tip,
particularly down this end here,
15
00:02:40,329 --> 00:02:44,328
it come off dirty, very dirty,
so it hasn't been cleaned. Right.
16
00:02:44,329 --> 00:02:47,129
There's plenty of dust
and debris on it.
17
00:02:47,130 --> 00:02:51,930
There's nothing here that's jumping
out saying it looks like blood,
18
00:02:51,931 --> 00:02:55,650
and there's no atypical
positive reaction to blood.
19
00:02:55,651 --> 00:02:59,731
OK. You know, there's nothing here.
OK.
20
00:02:59,732 --> 00:03:03,651
Will we use it and then if we get
fucked, we'll just say you? Yeah.
21
00:03:03,652 --> 00:03:06,332
THEY LAUGH
22
00:03:06,333 --> 00:03:09,893
All right, come and help me... Help
me put this back together, brother.
23
00:03:11,813 --> 00:03:13,613
PHONE RINGS
24
00:03:13,614 --> 00:03:14,854
Hey, Mike.
25
00:03:17,094 --> 00:03:19,414
Yeah, I'm not worried about it.
26
00:03:23,335 --> 00:03:25,135
Nah, don't worry about it.
27
00:03:26,175 --> 00:03:27,736
I understand, all right.
28
00:03:29,296 --> 00:03:30,896
No blood on the blow poke.
29
00:03:36,057 --> 00:03:39,977
Er, whatever. I mean, whatever
he used, there's no blood.
30
00:03:41,978 --> 00:03:43,577
Yeah. OK?
31
00:03:43,578 --> 00:03:45,778
All right. Bye.
32
00:03:59,900 --> 00:04:04,020
It's one of those moments that
could be a turning-point moment,
33
00:04:04,021 --> 00:04:07,541
you know,
where the jury's sort of...
34
00:04:08,782 --> 00:04:12,261
..look at Hardin and say,
"Now what are you going to do?"
35
00:04:12,262 --> 00:04:17,062
You know, "You've been talking
about this missing blow poke
36
00:04:17,063 --> 00:04:19,943
"since May 5th.
37
00:04:21,263 --> 00:04:23,343
"And here it is.
38
00:04:23,344 --> 00:04:26,783
"And it's not bent and it's not
covered with blood
39
00:04:26,784 --> 00:04:31,224
"and it wasn't gotten rid of
and it's not mysteriously missing.
40
00:04:31,225 --> 00:04:35,225
"So... what are you going
to say now?"
41
00:04:36,306 --> 00:04:41,826
Um... it's one of those moments
that trial lawyers enjoy.
42
00:04:49,787 --> 00:04:51,468
Ah, jeez!
43
00:04:54,748 --> 00:04:56,628
Trial lawyers and film-makers.
44
00:05:00,189 --> 00:05:03,549
Don't be overconfident.
Do not be overconfident.
45
00:05:15,671 --> 00:05:18,551
Hi, Julia. How are you?
46
00:05:18,552 --> 00:05:21,431
Good, how are you?
I'm good, thank you.
47
00:05:21,432 --> 00:05:22,912
Oh, thanks.
48
00:05:32,754 --> 00:05:35,234
That's fine. You're welcome to.
Excuse me.
49
00:05:47,276 --> 00:05:49,635
Further evidence from the defendant?
Yes, sir.
50
00:05:49,636 --> 00:05:53,597
At this time, the defence will call
Detective Art Holland to the stand.
51
00:05:58,677 --> 00:06:01,757
Do you solemnly swear the testimony
you are about to give the court
52
00:06:01,758 --> 00:06:04,157
and the jury in the case
now being heard to be the truth
53
00:06:04,158 --> 00:06:06,117
and nothing but the truth,
so help you God?
54
00:06:06,118 --> 00:06:07,759
Yes, I do. Please be seated.
55
00:06:12,359 --> 00:06:16,320
Detective Holland, good morning,
first of all. Good morning.
56
00:06:17,560 --> 00:06:21,600
After you showed us
this item in May,
57
00:06:21,601 --> 00:06:25,640
that the district attorney was
contending was similar to the...
58
00:06:25,641 --> 00:06:27,280
to the murder weapon,
59
00:06:27,281 --> 00:06:30,641
did you ever ask either myself...
60
00:06:30,642 --> 00:06:33,601
or Mr Maher or Mr Durette
61
00:06:33,602 --> 00:06:37,282
whether, after having looked at it
and seen it finally in May,
62
00:06:37,283 --> 00:06:42,203
whether we ever had located
the blow poke?
63
00:06:42,204 --> 00:06:43,764
No, I didn't.
64
00:06:52,285 --> 00:06:54,444
Did you just assume...
65
00:06:54,445 --> 00:06:56,446
that it was gone?
66
00:06:57,806 --> 00:06:59,606
Gone or put up somewhere.
67
00:07:07,727 --> 00:07:11,048
Let me show you what's been marked
defence exhibit 280.
68
00:07:19,489 --> 00:07:21,568
You see that? Yes, sir.
69
00:07:21,569 --> 00:07:25,890
Now, this 280, that's a blow poke,
isn't it?
70
00:07:27,050 --> 00:07:31,410
Is that what it appears to be?
It appears to be a blow poke.
71
00:07:31,411 --> 00:07:37,051
And the metal tip at the end
that's on this one...
72
00:07:40,052 --> 00:07:42,252
..isn't on that one, right?
73
00:07:43,772 --> 00:07:44,972
That's correct.
74
00:07:44,973 --> 00:07:49,053
But other than that, if we look
at the handle, for example...
75
00:07:54,174 --> 00:07:56,934
..that's pretty much
the same thing, isn't it?
76
00:07:59,295 --> 00:08:03,694
Do you see this end here
you blow into? It appears to be.
77
00:08:03,695 --> 00:08:07,736
You see a bunch of
spiderweb-looking things...
78
00:08:08,936 --> 00:08:12,376
..on it? You see on the handle area
there, you see that?
79
00:08:12,377 --> 00:08:14,296
It's hard to tell from the plastic.
80
00:08:14,297 --> 00:08:18,337
All right, can you see
the dead bugs in the little...
81
00:08:19,778 --> 00:08:22,537
..plastic thing there?
It appears to be.
82
00:08:22,538 --> 00:08:25,418
This doesn't appear to you
to be mangled, does it?
83
00:08:26,739 --> 00:08:29,178
It doesn't appear to have
any dents in it.
84
00:08:29,179 --> 00:08:31,378
Does this appear to you, 280,
85
00:08:31,379 --> 00:08:35,939
to be the blow poke that Mr Hardin
has been talking about
86
00:08:35,940 --> 00:08:39,819
being mysteriously missing
since this trial began?
87
00:08:39,820 --> 00:08:42,341
Objection, characterisation.
Sustained.
88
00:08:43,341 --> 00:08:46,020
Does this appear to you
to be the blow poke
89
00:08:46,021 --> 00:08:52,382
that Mr Hardin stated in his opening
statement was mysteriously missing?
90
00:09:06,824 --> 00:09:09,184
Their problem is,
if they assent to that,
91
00:09:09,185 --> 00:09:12,345
if they don't like the results,
they're sort of stuck with them.
92
00:10:12,874 --> 00:10:15,513
The prosecutors have talked about
a missing blow poke
93
00:10:15,514 --> 00:10:17,594
and how it could have been
the murder weapon.
94
00:10:17,595 --> 00:10:19,354
It could have been
the murder weapon.
95
00:10:19,355 --> 00:10:22,314
Today, the defence pulled out
a blow poke and told jurors
96
00:10:22,315 --> 00:10:23,794
it wasn't missing at all.
97
00:10:23,795 --> 00:10:27,476
They claim police just never
saw it in the garage.
98
00:10:30,756 --> 00:10:33,836
I asked Jim Hardin if he was
surprised by today's developments.
99
00:10:33,837 --> 00:10:35,196
He said he wasn't,
100
00:10:35,197 --> 00:10:37,796
that he was expecting something
like this to happen.
101
00:10:37,797 --> 00:10:39,757
He was expecting something
like this...
102
00:10:39,758 --> 00:10:42,437
He was expecting something
like this to happen.
103
00:10:42,438 --> 00:10:45,678
In general, I got a chance to look
at the blow poke during lunch
104
00:10:45,679 --> 00:10:49,078
and it's definitely not the same
as the one that my Aunt Candace
105
00:10:49,079 --> 00:10:51,718
has brought into court,
so that leaves
106
00:10:51,719 --> 00:10:54,879
a lot of speculation there
as far as things go.
107
00:10:54,880 --> 00:10:57,719
Um... it has very...
108
00:10:57,720 --> 00:11:01,600
very distinct differences
between the two.
109
00:11:01,601 --> 00:11:04,280
But, I mean, more importantly,
the thing is,
110
00:11:04,281 --> 00:11:06,961
that regardless of, you know,
you produce an autop...
111
00:11:06,962 --> 00:11:11,361
you produce a blow poke the day
that you rest your case
112
00:11:11,362 --> 00:11:16,042
and I feel like it's just to really
create a commotion and things.
113
00:11:16,043 --> 00:11:19,402
The fact is, you can show that,
you can claim whatever you want
114
00:11:19,403 --> 00:11:21,883
about it, it's not going to
change the autopsy report,
115
00:11:21,884 --> 00:11:24,923
so it really doesn't put a hole
in the prosecution's case the way
116
00:11:24,924 --> 00:11:27,964
I think David Rudolf's attitude
thought that it would today.
117
00:11:27,965 --> 00:11:31,244
It doesn't change the fact that
my mother's autopsy report says
118
00:11:31,245 --> 00:11:33,924
she was beaten to death,
and if it was with a blow poke,
119
00:11:33,925 --> 00:11:36,165
if this was the blow poke,
I don't know,
120
00:11:36,166 --> 00:11:38,845
but it was with something
and that's how she ended up
121
00:11:38,846 --> 00:11:40,485
at the bottom of the stairs.
122
00:11:40,486 --> 00:11:44,087
Nothing is going to change that,
you know, that's finalised.
123
00:11:47,247 --> 00:11:50,487
That was easy, wasn't it? OK, sure.
Done and done.
124
00:11:50,488 --> 00:11:52,048
Can I go home now?
125
00:11:55,209 --> 00:11:57,328
The defendant brought into court
126
00:11:57,329 --> 00:12:00,208
what they've described as
a found blow poke.
127
00:12:00,209 --> 00:12:04,009
With that,
Candace Zamperini undertook to see
128
00:12:04,010 --> 00:12:06,649
whether she could locate
the other blow pokes
129
00:12:06,650 --> 00:12:10,730
that she had given to
friend and family members.
130
00:12:10,731 --> 00:12:13,450
She's been able to locate
two of those
131
00:12:13,451 --> 00:12:15,290
and they were sent to my office
132
00:12:15,291 --> 00:12:17,531
and I wanted to inform the court
of that
133
00:12:17,532 --> 00:12:19,771
to make sure
that you were aware of it.
134
00:12:19,772 --> 00:12:23,133
So we do not intend to offer that
in evidence at this point.
135
00:12:24,653 --> 00:12:28,692
I'm letting you know that they're
available and they can look at those
136
00:12:28,693 --> 00:12:31,533
and inspect them in my office.
And I appreciate that.
137
00:12:31,534 --> 00:12:36,373
I didn't get the facts yesterday
cos I didn't see it on the machine.
138
00:12:36,374 --> 00:12:39,734
But we'll take a look at it
over the break today. Thank you.
139
00:12:39,735 --> 00:12:42,174
Otherwise, are counsel ready
to proceed? Yes, sir.
140
00:12:42,175 --> 00:12:43,895
All right.
141
00:12:49,176 --> 00:12:51,417
John, this one is quite hollow.
142
00:12:53,457 --> 00:12:56,497
Hmm! Not a bad way
to end the case, huh?
143
00:12:58,058 --> 00:13:01,697
Make sure he says
that it's the same rounded edge.
144
00:13:01,698 --> 00:13:06,779
Rounded edges, yeah. There's
a little bevel there. No screws.
145
00:13:08,259 --> 00:13:10,978
Appears to be a little thread
in there. The other one.
146
00:13:10,979 --> 00:13:13,659
Don't, one's enough, Ron.
147
00:13:13,660 --> 00:13:15,420
Leave it. Don't break it.
148
00:13:16,780 --> 00:13:21,420
Have they been in the basement too?
Yeah. Look down here.
149
00:13:21,421 --> 00:13:23,980
I mean, that's...
150
00:13:23,981 --> 00:13:27,061
The blow pokes match.
151
00:13:27,062 --> 00:13:28,501
How big is that?
152
00:13:28,502 --> 00:13:31,342
Candace just can't keep her fucking
mouth shut.
153
00:13:32,382 --> 00:13:33,663
Thank you.
154
00:13:34,783 --> 00:13:37,543
I don't think I'd be here
if she'd kept her mouth shut.
155
00:13:40,144 --> 00:13:43,103
Defendant's 301 and 302 are
the other two blow pokes
156
00:13:43,104 --> 00:13:46,944
that Miss Zamperini had sent
to the district attorney's office
157
00:13:46,945 --> 00:13:48,984
that we just got over lunch,
correct?
158
00:13:48,985 --> 00:13:50,344
That's correct.
159
00:13:50,345 --> 00:13:52,224
And have you had a chance, sir,
160
00:13:52,225 --> 00:13:55,185
to compare defence exhibits
301 and 302
161
00:13:55,186 --> 00:13:57,665
with defendant's exhibit 280A,
162
00:13:57,666 --> 00:14:00,345
the one that was found
in Mr Peterson's home?
163
00:14:00,346 --> 00:14:04,346
I've only observed one of the two
that was sent, not both of them.
164
00:14:04,347 --> 00:14:07,587
All right, well, why don't you take
a look at the two of them here,
165
00:14:07,588 --> 00:14:09,187
if you could?
166
00:14:09,188 --> 00:14:12,387
This is a 280, the one that was...
Yes, sir.
167
00:14:12,388 --> 00:14:14,147
..found in Mr Peterson's home.
168
00:14:14,148 --> 00:14:18,188
And this is 301, one of the ones
that were sent. Yes, sir.
169
00:14:18,189 --> 00:14:21,709
Can you compare those two
for the jury?
170
00:14:21,710 --> 00:14:23,550
Are they the same height?
171
00:14:25,870 --> 00:14:28,269
The defendant's exhibit's
a little taller.
172
00:14:28,270 --> 00:14:29,991
The length's a little longer.
173
00:14:35,632 --> 00:14:37,431
Does it have a bevel there?
174
00:14:37,432 --> 00:14:38,791
Yes, sir.
175
00:14:38,792 --> 00:14:40,911
Threads inside?
176
00:14:40,912 --> 00:14:42,192
Yes, sir.
177
00:14:43,793 --> 00:14:50,313
So, can we agree that the missing
blow poke has been found?
178
00:14:50,314 --> 00:14:52,034
Objection. Sustained.
179
00:14:54,394 --> 00:14:58,835
We move 301 and 302 into evidence,
your honour. It's allowed.
180
00:15:02,035 --> 00:15:05,315
Did... Not that photograph.
181
00:15:05,316 --> 00:15:07,275
Oh, here's the little, um...
182
00:15:07,276 --> 00:15:10,076
Dust, it looks like
a spider leg here.
183
00:15:11,197 --> 00:15:14,316
This was supposed to be some type
of... something to make you think
184
00:15:14,317 --> 00:15:17,156
that blow poke had been there
since December 2001, I guess.
185
00:15:17,157 --> 00:15:19,597
Here's a cobweb, that's significant.
186
00:15:19,598 --> 00:15:22,758
Here's a little bit of...
goo or something.
187
00:15:24,319 --> 00:15:27,518
Ladies and gentlemen,
we really don't know what this is.
188
00:15:27,519 --> 00:15:30,838
You've been given no information
about who found it,
189
00:15:30,839 --> 00:15:33,800
when it was found, why it was there.
190
00:15:35,480 --> 00:15:39,840
So I argue to you that exhibit 280A
is just a piece of nothing.
191
00:15:39,841 --> 00:15:41,161
Nothing.
192
00:15:42,361 --> 00:15:45,521
We have never told you
that we are absolutely certain
193
00:15:45,522 --> 00:15:48,681
that it was the blow poke
that killed Miss Peterson.
194
00:15:48,682 --> 00:15:52,362
We do believe, if it wasn't the blow
poke that Candace had given them,
195
00:15:52,363 --> 00:15:54,482
that it was something similar
to that,
196
00:15:54,483 --> 00:15:57,162
and you've heard from expert
testimony why we believe that.
197
00:15:57,163 --> 00:15:59,643
But they are talking about us doing
something last-minute
198
00:15:59,644 --> 00:16:02,403
when they dared to pull that piece
of evidence out in front of you
199
00:16:02,404 --> 00:16:04,163
two days before they rested.
200
00:16:04,164 --> 00:16:06,124
Does that make common sense to you?
201
00:16:06,125 --> 00:16:07,484
You need to keep in mind,
202
00:16:07,485 --> 00:16:10,284
we're not dealing with
the average individual over here.
203
00:16:10,285 --> 00:16:12,565
We're dealing with
a fictional writer.
204
00:16:13,926 --> 00:16:16,765
Some people even say
he's a good fictional writer.
205
00:16:16,766 --> 00:16:20,887
He is a person who knows
how to create a fictional plot.
206
00:16:22,127 --> 00:16:23,527
And then there's Brad.
207
00:16:26,407 --> 00:16:32,008
Do you really believe
that Kathleen knew...
208
00:16:33,888 --> 00:16:36,809
..that Mr Peterson was bisexual?
209
00:16:39,129 --> 00:16:42,409
Does that make common sense to you
that it was OK with her
210
00:16:42,410 --> 00:16:46,689
to go to work while he stayed
at home and communicated by e-mail
211
00:16:46,690 --> 00:16:50,490
and telephone with people
he was planning on having sex with?
212
00:16:50,491 --> 00:16:53,370
And this isn't just
a computer relationship.
213
00:16:53,371 --> 00:16:55,851
I asked Brad what they were going
to do. He told you.
214
00:16:55,852 --> 00:16:57,611
And I don't mean
to offend anybody,
215
00:16:57,612 --> 00:16:59,971
but he did say they were going
to have anal sex.
216
00:16:59,972 --> 00:17:04,292
The only reason that meeting didn't
take place was because of Brad.
217
00:17:04,293 --> 00:17:08,974
It wasn't because of Mr Peterson.
He was fired up and ready to go.
218
00:17:10,014 --> 00:17:14,613
And you honestly believe that
Kathleen Peterson knew about that?
219
00:17:14,614 --> 00:17:16,334
Would have approved of that?
220
00:17:16,335 --> 00:17:20,974
And it wasn't just Brad, you saw the
rest of the things on his computer.
221
00:17:20,975 --> 00:17:23,775
Once again, those things were
so filthy
222
00:17:23,776 --> 00:17:26,295
we can't even show them on TV.
223
00:17:26,296 --> 00:17:32,936
Filth, pure filth. This isn't people
involved in a relationship.
224
00:17:32,937 --> 00:17:38,298
This is just any which way.
This is called hard-core porn.
225
00:17:39,858 --> 00:17:43,017
Do you think she approved of
this type of activity
226
00:17:43,018 --> 00:17:45,298
while she's off at work or sleeping?
227
00:17:45,299 --> 00:17:47,618
I argue to you
that doesn't make sense.
228
00:17:47,619 --> 00:17:51,499
And that's not the way soul mates
conduct themselves.
229
00:17:51,500 --> 00:17:53,260
That is not.
230
00:17:58,181 --> 00:17:59,820
Ladies and gentlemen,
231
00:17:59,821 --> 00:18:03,220
this photograph is
the first photograph taken
232
00:18:03,221 --> 00:18:05,062
of Kathleen Peterson...
233
00:18:06,822 --> 00:18:09,301
..at the autopsy table.
234
00:18:09,302 --> 00:18:13,703
It shows the very graphic,
brutal nature of this killing.
235
00:18:14,943 --> 00:18:20,663
Ladies and gentlemen, if a picture
is truly worth a thousand words,
236
00:18:20,664 --> 00:18:22,664
then this photograph...
237
00:18:23,784 --> 00:18:26,184
..at least speaks a thousand words.
238
00:18:26,185 --> 00:18:28,265
This photograph speaks
a thousand words.
239
00:18:29,385 --> 00:18:31,464
Look at all of these photographs
240
00:18:31,465 --> 00:18:33,866
that show that this woman
was beaten.
241
00:18:35,626 --> 00:18:37,306
I was thinking...
242
00:18:38,306 --> 00:18:41,186
..if a picture is worth
a thousand words,
243
00:18:41,187 --> 00:18:43,467
and if we only knew...
244
00:18:45,307 --> 00:18:48,747
..what Kathleen Peterson knew
at the time of her death,
245
00:18:48,748 --> 00:18:51,387
and I started looking
around the scene
246
00:18:51,388 --> 00:18:53,509
and in the stairwell
and thinking...
247
00:18:55,149 --> 00:18:57,069
.."What if those walls could talk?
248
00:18:58,109 --> 00:18:59,509
"What would they say?"
249
00:19:01,150 --> 00:19:04,069
Ladies and gentlemen,
these walls are talking.
250
00:19:04,070 --> 00:19:11,270
Kathleen Peterson is talking to us
through the blood on these walls.
251
00:19:11,271 --> 00:19:17,272
She is screaming at us
for truth and for justice.
252
00:19:18,792 --> 00:19:20,712
It's all in these photographs.
253
00:19:22,673 --> 00:19:24,552
Ladies and gentlemen,
254
00:19:24,553 --> 00:19:28,113
they've said Kathleen Peterson
died of an accident.
255
00:19:29,154 --> 00:19:32,273
We've said
that she has died of murder.
256
00:19:32,274 --> 00:19:35,394
And we ask that you return
that verdict.
257
00:19:35,395 --> 00:19:36,875
Thank you.
258
00:19:39,435 --> 00:19:41,794
Well, let me tell you
what my gut is.
259
00:19:41,795 --> 00:19:45,635
My gut is that what we want to do...
260
00:19:45,636 --> 00:19:51,236
is structure it around
the whole reasonable doubt concept.
261
00:19:51,237 --> 00:19:55,036
OK. Go through the stuff
that we do have evidence for.
262
00:19:55,037 --> 00:19:56,118
Mm-hm.
263
00:19:57,158 --> 00:19:59,997
That she fell,
they've seen the stairs,
264
00:19:59,998 --> 00:20:02,477
they know how easy it is
to fall there.
265
00:20:02,478 --> 00:20:05,558
You know, that the blood
on her feet, you know,
266
00:20:05,559 --> 00:20:08,678
we can do the scenario
of her being down on the ground
267
00:20:08,679 --> 00:20:11,559
for some period of time.
We can do all that,
268
00:20:11,560 --> 00:20:14,359
and then to say,
but it's not our burden. All right.
269
00:20:14,360 --> 00:20:16,119
And what this case is really about
270
00:20:16,120 --> 00:20:19,480
is whether they've proven
their case beyond reasonable doubt.
271
00:20:19,481 --> 00:20:25,121
And then I think we want to hit
the ten biggest reasonable doubts.
272
00:20:25,122 --> 00:20:27,841
Er, and, um...
273
00:20:27,842 --> 00:20:31,522
then I think... and I want
to discuss each.
274
00:20:31,523 --> 00:20:34,402
Mm-hm.
And spend some time on each.
275
00:20:34,403 --> 00:20:37,403
But then I think I want to say,
"Now, that's ten...
276
00:20:38,724 --> 00:20:41,963
"I could do another 20." Mm-hm.
277
00:20:41,964 --> 00:20:45,964
"I could spend another four hours
going through another 20."
278
00:20:45,965 --> 00:20:50,244
And just list them. Ten is nice
if they're not equally strong,
279
00:20:50,245 --> 00:20:53,485
but strong enough that none of them
get to the point of being...
280
00:20:53,486 --> 00:20:55,325
I think we can... We probably can,
281
00:20:55,326 --> 00:20:58,926
but I think it's important that
they all be of substantial weight.
282
00:20:58,927 --> 00:21:03,086
Otherwise you're better with seven
or eight or whatever. Oh, I agree.
283
00:21:03,087 --> 00:21:04,766
The blow poke's not missing.
284
00:21:04,767 --> 00:21:08,447
I mean, the blow poke is sort of
like what Clinton said.
285
00:21:08,448 --> 00:21:12,047
It's the economy, stupid.
It's the blow poke, stupid.
286
00:21:12,048 --> 00:21:15,368
I mean, it's here, they tied...
287
00:21:15,369 --> 00:21:21,010
they hitched their star to this
wagon from the very beginning.
288
00:21:22,330 --> 00:21:25,569
I guess reasonable doubt number one
is the blow poke is here.
289
00:21:25,570 --> 00:21:27,930
And it's not the murder weapon. OK.
290
00:21:27,931 --> 00:21:30,011
Er... there's no cast-off.
291
00:21:35,492 --> 00:21:38,532
Er... there's no brain injuries.
292
00:21:39,572 --> 00:21:44,492
I think it's important for me
to make the jury understand
293
00:21:44,493 --> 00:21:49,053
that this is not about whether
we've proven Michael is innocent.
294
00:21:49,054 --> 00:21:52,333
It's not even about whether
Michael IS innocent.
295
00:21:52,334 --> 00:21:57,094
You know, in Scotland
they have a verdict
296
00:21:57,095 --> 00:22:00,575
that is either guilty or not proven.
297
00:22:01,856 --> 00:22:04,935
And here we say
guilty or not guilty.
298
00:22:04,936 --> 00:22:07,855
Well, not guilty is not the same
as innocent.
299
00:22:07,856 --> 00:22:11,696
And not guilty is really
the equivalent of not proven.
300
00:22:11,697 --> 00:22:13,536
Not proven beyond reasonable doubt.
301
00:22:13,537 --> 00:22:18,577
If I spend too much time
arguing that he's innocent,
302
00:22:18,578 --> 00:22:23,018
I, in essence, I relieve the State
of its burden of proof.
303
00:22:23,019 --> 00:22:25,858
I invite the jury the weigh -
304
00:22:25,859 --> 00:22:29,539
well, is Rudolf right
or is Hardin right?
305
00:22:29,540 --> 00:22:34,299
Well, that's giving up a tremendous
legal advantage
306
00:22:34,300 --> 00:22:37,300
that all defendants have
and should have.
307
00:22:37,301 --> 00:22:40,740
You know, what we've basically built
into our system is the notion
308
00:22:40,741 --> 00:22:44,501
that we want to have guilt proven
beyond reasonable doubt
309
00:22:44,502 --> 00:22:47,301
to avoid innocent people
going to prison.
310
00:22:47,302 --> 00:22:50,462
It's not perfect,
but that's the goal.
311
00:22:50,463 --> 00:22:55,902
And so, the real issue,
the real issue in this case,
312
00:22:55,903 --> 00:22:58,863
is not whether we have proven
313
00:22:58,864 --> 00:23:04,345
that Kathleen Peterson died
as a result of an accident.
314
00:23:05,905 --> 00:23:08,025
No. That's not our burden.
315
00:23:09,065 --> 00:23:12,746
The real issue,
the one that you need to focus on...
316
00:23:13,746 --> 00:23:18,546
..is whether the State has proven
beyond a reasonable doubt,
317
00:23:18,547 --> 00:23:22,986
with proof that fully satisfies
and entirely convinces you,
318
00:23:22,987 --> 00:23:26,307
that on the morning
of December 9th, 2001,
319
00:23:26,308 --> 00:23:31,307
Michael Peterson beat Kathleen
Peterson to death with a blow poke
320
00:23:31,308 --> 00:23:35,988
in that narrow stairway that
all of you saw just a few weeks ago.
321
00:23:35,989 --> 00:23:39,709
And what I want to do this morning
is to focus on
322
00:23:39,710 --> 00:23:43,230
the reasonable doubts in this case.
323
00:23:44,390 --> 00:23:46,550
The first reasonable doubt.
324
00:23:46,551 --> 00:23:49,110
The missing murder weapon
isn't missing
325
00:23:49,111 --> 00:23:51,271
and it wasn't used in a murder.
326
00:23:52,751 --> 00:23:55,432
It doesn't get much simpler
than that, does it?
327
00:23:56,432 --> 00:23:59,232
The State contended
in its opening statement...
328
00:24:00,633 --> 00:24:05,152
..that they would prove
that the blow poke was,
329
00:24:05,153 --> 00:24:08,993
as Mr Hardin put it,
mysteriously missing.
330
00:24:08,994 --> 00:24:12,313
Why was this blow poke
so crucial to their case?
331
00:24:12,314 --> 00:24:15,154
You actually heard it
from Mr Hardin in his opening.
332
00:24:15,155 --> 00:24:19,315
He needed something that was light
enough to cause the lacerations...
333
00:24:20,355 --> 00:24:24,276
..but not so heavy
as to fracture the skull.
334
00:24:26,076 --> 00:24:28,356
So he was sort of
walking a tightrope.
335
00:24:28,357 --> 00:24:32,637
And this was the tightrope
he was walking.
336
00:24:35,998 --> 00:24:38,077
Reasonable doubt number two.
337
00:24:38,078 --> 00:24:39,997
There is no credible motive
338
00:24:39,998 --> 00:24:44,239
and you don't just decide
to kill your wife for no reason.
339
00:24:45,519 --> 00:24:50,559
In opening statements, I told you
all that everyone who knew
340
00:24:50,560 --> 00:24:54,119
Kathleen and Michael Peterson knew
341
00:24:54,120 --> 00:24:57,760
that they were very much in love
and happy.
342
00:24:57,761 --> 00:25:01,040
And in fact, when Candace Zamperini
343
00:25:01,041 --> 00:25:04,481
spoke to the police
in December 2001,
344
00:25:04,482 --> 00:25:07,041
she used the term soul mate.
345
00:25:07,042 --> 00:25:09,241
And when she testified here,
346
00:25:09,242 --> 00:25:15,242
you didn't hear her say anything bad
about the relationship.
347
00:25:15,243 --> 00:25:18,723
Sometimes, the absence of evidence
speaks louder
348
00:25:18,724 --> 00:25:21,603
than anything
that a defendant could produce.
349
00:25:21,604 --> 00:25:26,245
If there was a single witness,
one, anywhere...
350
00:25:27,325 --> 00:25:32,686
..who could say one bad thing
about their relationship...
351
00:25:33,886 --> 00:25:36,685
..you know
you would have heard it.
352
00:25:36,686 --> 00:25:39,166
No-one came in and testified -
353
00:25:39,167 --> 00:25:43,206
not Caitlin, who's sat here
for most of the trial.
354
00:25:43,207 --> 00:25:45,928
Not any of Kathleen's co-workers.
355
00:25:47,328 --> 00:25:49,608
Not any of Kathleen's friends.
356
00:25:50,608 --> 00:25:53,368
Reasonable doubt number three.
357
00:25:53,369 --> 00:26:00,209
There is one thing that everyone
who went to the scene of 1810 Cedar
358
00:26:00,210 --> 00:26:03,930
on the night
of December 9th agrees on.
359
00:26:05,370 --> 00:26:11,530
Michael Peterson was in profound,
deep shock and grief
360
00:26:11,531 --> 00:26:13,812
over Kathleen's death.
361
00:26:17,452 --> 00:26:21,332
The words you speak
when you reach your verdict
362
00:26:21,333 --> 00:26:24,012
will be the most important words
363
00:26:24,013 --> 00:26:27,414
that Michael Peterson
and his family...
364
00:26:28,614 --> 00:26:33,054
..will ever, ever, ever
hear in their lives.
365
00:26:35,535 --> 00:26:41,735
And the words that Michael Peterson
spoke on December 9th, 2001,
366
00:26:41,736 --> 00:26:45,776
when he called 911...
367
00:26:47,697 --> 00:26:52,257
..should guide your verdict
as you deliberate it.
368
00:26:59,098 --> 00:27:03,058
'911, what's your emergency?
1810 Cedar Street, please.
369
00:27:03,059 --> 00:27:06,258
'What's wrong? My wife's had
an accident, she's still breathing.
370
00:27:06,259 --> 00:27:08,739
'What kind of accident?
She fell down the stairs.
371
00:27:08,740 --> 00:27:10,419
'She's still breathing, please!
372
00:27:10,420 --> 00:27:12,579
'Is she conscious? What?
Is she conscious?
373
00:27:12,580 --> 00:27:13,739
'No, she's unconscious.
374
00:27:13,740 --> 00:27:17,940
'How many stairs did she fall down?
Hello? How many stairs? Stairs?
375
00:27:17,941 --> 00:27:22,781
'How many stairs? I don't know.
Calm down, sir.
376
00:27:22,782 --> 00:27:25,501
'Calm down. Oh, er... 15, 20,
I don't know.
377
00:27:25,502 --> 00:27:28,141
'Please, get somebody here
right away, please!
378
00:27:28,142 --> 00:27:31,902
'Somebody is despatched in an
ambulance while I ask you questions.
379
00:27:31,903 --> 00:27:34,782
'It's... in Forest Hills. OK?
380
00:27:34,783 --> 00:27:40,623
'Please, please! Sir, somebody else
is despatching the ambulance.
381
00:27:40,624 --> 00:27:43,264
'OK, is she awake now?
382
00:27:43,265 --> 00:27:44,825
'Hello?
383
00:27:47,425 --> 00:27:48,785
'Hello?'
384
00:27:51,706 --> 00:27:55,466
You know, I think one of
the most strange comments...
385
00:27:56,746 --> 00:28:00,986
..and actually a very true comment,
was what Candace said on the stand
386
00:28:00,987 --> 00:28:05,268
when she said, "I don't know
who that Michael Peterson is."
387
00:28:07,748 --> 00:28:12,028
You know... I don't know
who that person is either
388
00:28:12,029 --> 00:28:13,708
who has been on trial,
389
00:28:13,709 --> 00:28:17,910
hearing all of these things and
listening to all of these stories.
390
00:28:19,110 --> 00:28:24,630
These incredible things. I don't
know who that person is either.
391
00:28:25,871 --> 00:28:28,591
But it isn't me, I know that.
392
00:28:30,191 --> 00:28:31,752
I am who I am.
393
00:28:32,752 --> 00:28:35,111
And I can live with that.
394
00:28:35,112 --> 00:28:36,911
And I told you in the beginning,
395
00:28:36,912 --> 00:28:41,952
I've never been terribly concerned
what other people think,
396
00:28:41,953 --> 00:28:44,912
and I know that comes across
as an arrogance,
397
00:28:44,913 --> 00:28:49,793
but I think that a lot of it
has to do with peace,
398
00:28:49,794 --> 00:28:54,834
that I have never really
ever sought to hurt anybody.
399
00:28:54,835 --> 00:28:59,354
Yes, I've done some bad things,
yes, I've certainly inadvertently
400
00:28:59,355 --> 00:29:02,995
hurt people and I haven't led
the most exemplary life.
401
00:29:02,996 --> 00:29:08,156
But I've never consciously
gone out to hurt anybody.
402
00:29:08,157 --> 00:29:13,437
And I can,
in a very loose definition...
403
00:29:14,638 --> 00:29:16,518
..live at peace with myself.
404
00:29:17,558 --> 00:29:19,758
And if you can do that...
405
00:29:21,519 --> 00:29:25,159
..it really doesn't make
any difference where that is.
406
00:29:26,839 --> 00:29:28,920
So... I'll just...
407
00:29:30,080 --> 00:29:33,199
..probably just
not be any different
408
00:29:33,200 --> 00:29:36,360
on Tuesday or Wednesday or Thursday
409
00:29:36,361 --> 00:29:40,280
if I come back to this house
or if I go somewhere else,
410
00:29:40,281 --> 00:29:43,841
it's not going to change who I am
411
00:29:43,842 --> 00:29:46,202
and who... when I am.
412
00:29:47,362 --> 00:29:49,482
It will be still me.
413
00:29:49,483 --> 00:29:53,803
And the trappings certainly
could be very, very different.
414
00:29:55,003 --> 00:29:58,203
The environment certainly
could be very different.
415
00:29:58,204 --> 00:29:59,964
But that's just...
416
00:30:02,445 --> 00:30:04,245
..environment.
417
00:30:12,646 --> 00:30:16,566
Members of the jury, all of
the evidence has been presented,
418
00:30:16,567 --> 00:30:21,086
it is now your duty to decide from
this evidence what the facts are.
419
00:30:21,087 --> 00:30:25,167
The defendant has been charged
with first-degree murder.
420
00:30:25,168 --> 00:30:28,207
Under the law
and the evidence in this case,
421
00:30:28,208 --> 00:30:33,088
it is your duty to return
one of the following verdicts.
422
00:30:33,089 --> 00:30:36,408
One - guilty of first-degree murder
423
00:30:36,409 --> 00:30:39,489
or... two - not guilty.
424
00:30:39,490 --> 00:30:41,929
Take the jury
to the deliberation room
425
00:30:41,930 --> 00:30:46,251
and once you get the verdict sheet,
you can begin your deliberations.
426
00:31:05,814 --> 00:31:07,733
LAUGHTER
427
00:31:07,734 --> 00:31:12,054
That was scary. That was so funny.
Give them something to film.
428
00:31:12,055 --> 00:31:15,414
Leather... Dad!
Some women, Germans...
429
00:31:15,415 --> 00:31:21,495
How far away? Can I come look
at it when you go? Yes.
430
00:31:21,496 --> 00:31:23,695
Yes, absolutely.
431
00:31:23,696 --> 00:31:25,616
Absolutely, absolutely.
432
00:31:30,697 --> 00:31:33,937
Do you still... I mean, you've been
practising law for 28 years,
433
00:31:33,938 --> 00:31:36,817
do you still get butterflies
in your stomach?
434
00:31:36,818 --> 00:31:38,178
Um...
435
00:31:39,979 --> 00:31:44,378
Butterflies may not be quite the
right word, I still feel anxious.
436
00:31:44,379 --> 00:31:47,900
I think I've gotten better at...
437
00:31:48,980 --> 00:31:51,179
..putting it out of my mind
while I'm waiting,
438
00:31:51,180 --> 00:31:53,860
but when the knock comes
on the door,
439
00:31:53,861 --> 00:31:57,060
and they say they've reached
a verdict, that's when...
440
00:31:57,061 --> 00:31:59,620
butterflies would probably be
an understatement,
441
00:31:59,621 --> 00:32:04,341
it's more like bats and birds and
all kinds of things floating around.
442
00:32:04,342 --> 00:32:07,141
How about for your client,
for Mike Peterson?
443
00:32:07,142 --> 00:32:09,342
This is going to be
a tough time too.
444
00:32:09,343 --> 00:32:12,702
He needs his space and he needs
to be with his family
445
00:32:12,703 --> 00:32:16,143
and he needs to be with his kids,
and that's...
446
00:32:16,144 --> 00:32:19,063
he doesn't need me,
he needs the people
447
00:32:19,064 --> 00:32:23,144
who have supported him
and loved him his whole life.
448
00:32:23,145 --> 00:32:24,905
Hand me my wine, will you?
449
00:32:27,665 --> 00:32:29,866
Go ahead. Thanks very much.
450
00:32:31,146 --> 00:32:33,225
Enjoy it, it could be your last.
451
00:32:33,226 --> 00:32:35,787
THEY LAUGH
452
00:32:37,507 --> 00:32:40,346
I'll take a bottle with me
to court tomorrow. You'd better.
453
00:32:40,347 --> 00:32:43,387
It can go with all the other ones
there. What about the...?
454
00:32:43,388 --> 00:32:47,667
My entire bar in evidence, right?
Have you got the cyanide capsule?
455
00:32:47,668 --> 00:32:50,068
You're going out like...
A cyanide capsule.
456
00:32:50,069 --> 00:32:53,429
Was it Himmler or...?
Goring. Goring. That's right.
457
00:32:55,629 --> 00:32:58,789
Everybody, all the lawyers are
handicapping this thing,
458
00:32:58,790 --> 00:33:02,309
so there's really hardly any
possibility of a conviction.
459
00:33:02,310 --> 00:33:04,670
They're either talking about
an acquittal
460
00:33:04,671 --> 00:33:06,750
or they're talking about
a hung jury.
461
00:33:06,751 --> 00:33:10,470
Even Tom today told me that
he expects an acquittal tomorrow
462
00:33:10,471 --> 00:33:13,751
and he said, you know,
if it goes beyond Wednesday...
463
00:33:13,752 --> 00:33:18,232
PHONE RINGS
..then we might be thinking
a hung jury.
464
00:33:18,233 --> 00:33:20,672
Nobody's thinking a conviction here.
465
00:33:20,673 --> 00:33:23,352
That is in fact what I wanted
to talk to you about.
466
00:33:23,353 --> 00:33:28,153
And that is, you know, I always tell
my clients, you've got a 10% chance
467
00:33:28,154 --> 00:33:32,674
of losing the case or 80% chance,
50-50 or whatever.
468
00:33:32,675 --> 00:33:37,674
You know, I handicap this thing
extremely low, extremely low.
469
00:33:37,675 --> 00:33:41,395
But on the other hand, lightning
strikes, you just never know.
470
00:33:41,396 --> 00:33:43,875
Twice sometimes. Yeah.
471
00:33:43,876 --> 00:33:46,197
I almost hope they believe that.
472
00:33:48,197 --> 00:33:50,876
But anyway, in the event,
in the unlikely event,
473
00:33:50,877 --> 00:33:53,077
there will not be time to talk
right away
474
00:33:53,078 --> 00:33:55,317
because they'll just take you
right away.
475
00:33:55,318 --> 00:33:57,877
There'll be time later,
in the evening we can talk,
476
00:33:57,878 --> 00:34:01,798
just like when you were in jail
for that month in December.
477
00:34:01,799 --> 00:34:05,078
But it was a little bit different,
you know, because we all got ready
478
00:34:05,079 --> 00:34:08,799
and took you down to the jail
and we had a lot of time to talk.
479
00:34:08,800 --> 00:34:12,359
Um... but I am convinced,
480
00:34:12,360 --> 00:34:15,640
especially after hearing
the jury instructions today,
481
00:34:15,641 --> 00:34:19,160
that this judge has committed
prejudicial error already.
482
00:34:19,161 --> 00:34:22,321
Really? Well, that Ratliff stuff
should never have come in.
483
00:34:22,322 --> 00:34:26,281
Nobody I've talked to can believe
that that evidence was admitted.
484
00:34:26,282 --> 00:34:29,322
It's highly prejudicial,
highly prejudicial.
485
00:34:29,323 --> 00:34:32,522
So I think it's reversible,
and easily reversible,
486
00:34:32,523 --> 00:34:36,723
so what I wanted to tell you, we
won't have time to talk tomorrow,
487
00:34:36,724 --> 00:34:40,684
you know, don't panic,
you'll spend a year in prison.
488
00:34:42,405 --> 00:34:44,885
But you can do that
standing on your head.
489
00:34:46,085 --> 00:34:49,885
But that's the important thing to
keep in mind. The game is not over.
490
00:34:49,886 --> 00:34:51,885
So you're telling me to...
491
00:34:51,886 --> 00:34:55,047
Don't bolt for the door downstairs.
Don't bolt for the door.
492
00:34:56,527 --> 00:34:57,967
OK, all right.
493
00:34:59,087 --> 00:35:01,487
Well, just... I've told...
494
00:35:05,728 --> 00:35:08,247
My affairs are perfectly in order.
495
00:35:08,248 --> 00:35:11,329
You know, Todd knows what to do.
Yeah, OK.
496
00:35:12,409 --> 00:35:16,129
We've told him, you know...
More powers of attorney.
497
00:35:16,130 --> 00:35:19,689
I'm going to take off my watch
and just have 100
498
00:35:19,690 --> 00:35:22,610
and we'll stick them in my pants
and I'll... Yeah.
499
00:35:23,971 --> 00:35:28,490
But mostly, the main thing,
I want the kids removed from it,
500
00:35:28,491 --> 00:35:32,331
I want them taken out of here
and this environment
501
00:35:32,332 --> 00:35:37,132
and I want them to go on,
I mean, just absolutely go on.
502
00:35:37,133 --> 00:35:42,412
I trust you, Jack, to take care of
everything, take care of my kids.
503
00:35:42,413 --> 00:35:46,773
Yeah. Cos they'll be a mess.
They will be a wreck.
504
00:35:46,774 --> 00:35:50,133
Yeah, I know, I think that's right.
Oh, they will be a wreck.
505
00:35:50,134 --> 00:35:52,174
They'll just be destroyed.
506
00:35:52,175 --> 00:35:56,055
Margaret and Martha will be...
Ah, they'll just be... Yeah.
507
00:35:58,296 --> 00:35:59,815
So, bring 'em to Vegas.
508
00:35:59,816 --> 00:36:03,135
We'll send them up there.
Margaret tried that...
509
00:36:03,136 --> 00:36:06,496
Listen, she's got the genes, so...
510
00:36:06,497 --> 00:36:08,656
That's fine. Yeah.
511
00:36:08,657 --> 00:36:11,096
I don't think it's going to
happen tomorrow anyway.
512
00:36:11,097 --> 00:36:13,177
I don't think it's going
to happen either.
513
00:36:13,178 --> 00:36:16,257
I don't even think we'll get a
verdict tomorrow, I'd be surprised.
514
00:36:16,258 --> 00:36:18,017
But not terribly surprised.
515
00:36:18,018 --> 00:36:20,618
I can deal with whatever happens.
516
00:36:20,619 --> 00:36:26,939
Believe me, I was saying before,
that it's all up here, basically.
517
00:36:26,940 --> 00:36:30,539
You know, Milton. "Make a heaven of
our hell, a hell of our heaven."
518
00:36:30,540 --> 00:36:32,260
And I can...
519
00:36:33,461 --> 00:36:36,381
I can deal with it,
I absolutely can.
520
00:38:11,755 --> 00:38:15,714
It's too terrifying,
it would be like losing everything.
521
00:38:15,715 --> 00:38:17,755
I mean, we still have the family,
522
00:38:17,756 --> 00:38:19,635
but we just lost our mother,
523
00:38:19,636 --> 00:38:23,595
we lost our sister, and to lose
our dad, who's basically...
524
00:38:23,596 --> 00:38:25,876
I mean, he's the foundation
of the family.
525
00:38:25,877 --> 00:38:29,156
He is holding us together, he's
the strongest person in this family
526
00:38:29,157 --> 00:38:30,596
and...
527
00:38:30,597 --> 00:38:32,757
I wouldn't...
528
00:38:32,758 --> 00:38:36,397
I don't think
I'd be able to survive without him.
529
00:38:36,398 --> 00:38:40,318
I don't think I can... I can't
really think about it too much
530
00:38:40,319 --> 00:38:44,718
because it will just send me
in too much of a depression.
531
00:38:44,719 --> 00:38:48,799
I couldn't... I couldn't live my life
without my dad.
532
00:38:48,800 --> 00:38:52,200
People have told me,
some of my friends have been like,
533
00:38:52,201 --> 00:38:55,880
"You know, Margaret, you should
really plan just in case."
534
00:38:55,881 --> 00:39:01,881
And there's not been one single time
where I could believe,
535
00:39:01,882 --> 00:39:03,881
no matter how corrupt any system is,
536
00:39:03,882 --> 00:39:07,082
I could believe that they could come
with a guilty verdict.
537
00:39:07,083 --> 00:39:09,763
I mean, it won't happen.
538
00:39:29,486 --> 00:39:32,566
COURT CLERK MAKES ANNOUNCEMENT
539
00:39:33,686 --> 00:39:37,086
All right, now I'm going to bring
the jury in,
540
00:39:37,087 --> 00:39:39,806
they're going to tell me
what their verdict is
541
00:39:39,807 --> 00:39:42,167
and I'm going to need
order in the court,
542
00:39:42,168 --> 00:39:44,967
getting this jury out of here
and doing the things
543
00:39:44,968 --> 00:39:46,687
that I'm going to have to do,
544
00:39:46,688 --> 00:39:48,448
so, to the members of the public,
545
00:39:48,449 --> 00:39:50,848
if you think you're going
to have difficulty
546
00:39:50,849 --> 00:39:52,768
accepting the jury's verdict
547
00:39:52,769 --> 00:39:56,409
and you're going to make noise
or do something else disruptive
548
00:39:56,410 --> 00:39:57,769
in the courtroom,
549
00:39:57,770 --> 00:40:03,050
I'm going to give you an opportunity
to leave right now.
550
00:40:03,051 --> 00:40:07,930
Because if you disrupt my courtroom,
while I'm doing this,
551
00:40:07,931 --> 00:40:11,611
and you cause a scene,
I'm going to have you arrested.
552
00:40:11,612 --> 00:40:15,973
Mr Deputy, bring the jury in. Tell
them to bring all their belongings.
553
00:40:20,293 --> 00:40:21,733
This way, please.
554
00:40:43,977 --> 00:40:47,296
All right, Ms Foreperson,
I'm going to ask you some questions.
555
00:40:47,297 --> 00:40:49,416
Has the jury reached
a unanimous verdict
556
00:40:49,417 --> 00:40:51,737
on the issue that was submitted
to you? Yes.
557
00:40:51,738 --> 00:40:55,577
Have you marked the appropriate
spaces on the verdict sheet? Yes.
558
00:40:55,578 --> 00:40:58,298
Have you signed your name
and printed your name? Yes.
559
00:40:58,299 --> 00:41:01,179
All right, if you will give that
sheet to the deputy, please.
560
00:41:15,341 --> 00:41:18,140
All right, Ms Clerk,
if you will take the verdict.
561
00:41:18,141 --> 00:41:19,941
Ladies and gentlemen of the jury,
562
00:41:19,942 --> 00:41:22,021
you have returned
the following verdict.
563
00:41:22,022 --> 00:41:25,101
State of North Carolina
versus Michael Iver Peterson,
564
00:41:25,102 --> 00:41:29,262
file number 01 CRS 24821.
565
00:41:29,263 --> 00:41:33,023
"We, the 12 members of the jury,
unanimously find the defendant
566
00:41:33,024 --> 00:41:35,263
"to be guilty of
first-degree murder,
567
00:41:35,264 --> 00:41:37,903
"this the 10th day of October 2003,"
568
00:41:37,904 --> 00:41:41,384
signed by foreperson,
Kristen Jones.
569
00:41:41,385 --> 00:41:43,584
Is this your verdict,
so say you all?
570
00:41:43,585 --> 00:41:45,144
Yes.
571
00:41:45,145 --> 00:41:47,705
All right, Ms Clerk,
if you will call the jury.
572
00:41:47,706 --> 00:41:50,665
Miss Jones, you as foreperson
have returned for your verdict
573
00:41:50,666 --> 00:41:53,866
that the defendant is guilty
of first-degree murder.
574
00:41:53,867 --> 00:41:57,266
Is this your verdict and do you
still assent thereto? Yes.
575
00:41:57,267 --> 00:41:58,346
Thank you.
576
00:41:58,347 --> 00:42:01,467
Junior number one, Mr Harrison,
if you please stand.
577
00:42:01,468 --> 00:42:04,307
Mr Harrison, your foreperson
has returned for your verdict
578
00:42:04,308 --> 00:42:07,067
that the defendant is guilty
of first-degree murder.
579
00:42:07,068 --> 00:42:09,748
Is this your verdict
and do you still assent thereto?
580
00:42:09,749 --> 00:42:10,948
Yes. Thank you.
581
00:42:10,949 --> 00:42:14,309
Junior number two, Mr Higgins,
will you please stand?
582
00:42:14,310 --> 00:42:16,909
Mr Higgins, your foreperson
has returned for your verdict
583
00:42:16,910 --> 00:42:19,669
that the defendant is guilty
of first-degree murder.
584
00:42:19,670 --> 00:42:22,430
Is this in your verdict
and do you still assent thereto?
585
00:42:22,431 --> 00:42:24,070
Yes. Thank you.
586
00:42:24,071 --> 00:42:27,910
Juror number four, Miss Blackwell,
if you please stand.
587
00:42:27,911 --> 00:42:30,991
Miss Blackwell, your foreperson
has returned for you verdict
588
00:42:30,992 --> 00:42:33,671
that the defendant is guilty
of first-degree murder.
589
00:42:33,672 --> 00:42:36,752
Is this your verdict
and do you still assent thereto?
590
00:42:36,753 --> 00:42:38,152
Yes. Thank you.
591
00:42:38,153 --> 00:42:41,712
Juror number five,
will you please stand?
592
00:42:41,713 --> 00:42:45,193
Your foreperson has returned
for your verdict
593
00:42:45,194 --> 00:42:47,833
that the defendant is guilty of
first-degree murder.
594
00:42:47,834 --> 00:42:50,794
Is this your verdict
and do you still assent thereto?
595
00:42:50,795 --> 00:42:52,274
Yes. Thank you.
596
00:42:52,275 --> 00:42:54,554
Juror number 12, Mr Hall.
597
00:42:54,555 --> 00:42:57,355
Mr Hall, your foreperson
has returned for your verdict
598
00:42:57,356 --> 00:42:59,995
that the defendant is guilty
of first-degree murder.
599
00:42:59,996 --> 00:43:02,515
Is this your verdict
and do you still assent thereto?
600
00:43:02,516 --> 00:43:04,116
Yes. Thank you.
601
00:43:04,117 --> 00:43:07,036
All right. Ms Court Recorder
of the court finds
602
00:43:07,037 --> 00:43:11,957
a unanimous jury verdict, orders
that it be recorded by the clerk.
603
00:43:11,958 --> 00:43:15,718
Mr Deputy, you take the jury
to your assigned place.
604
00:43:38,282 --> 00:43:41,881
Mr Hardin, do you wish to be heard
at all? Mr Rudolf?
605
00:43:41,882 --> 00:43:44,842
Judge, I don't think that
the court has any discretion
606
00:43:44,843 --> 00:43:49,322
with regard to sentencing. Obviously
we will be filing notice of appeal.
607
00:43:49,323 --> 00:43:52,603
But with regard to sentencing,
we don't wish to be heard.
608
00:43:52,604 --> 00:43:55,723
All right, then, Mr Peterson,
if you'll stand where you are,
609
00:43:55,724 --> 00:43:59,044
is there anything you want to say
before the court imposes judgment?
610
00:43:59,045 --> 00:44:00,325
I would.
611
00:44:04,525 --> 00:44:06,686
It's OK. It's OK.
612
00:44:08,526 --> 00:44:09,926
It's OK.
613
00:44:11,006 --> 00:44:14,046
All right, then, Ms Clerk,
the defendant is imprisoned
614
00:44:14,047 --> 00:44:16,726
in the North Carolina
Department of Corrections
615
00:44:16,727 --> 00:44:20,448
for the remainder of his natural
life without the benefit of parole.
616
00:44:21,888 --> 00:44:24,967
Mr Rudolf, do you wish
to appeal at this time
617
00:44:24,968 --> 00:44:26,928
or are you going
to think about it?
618
00:44:26,929 --> 00:44:28,649
We'll appeal later. All right, sir.
619
00:45:08,535 --> 00:45:09,775
All stand.
620
00:45:58,982 --> 00:46:02,982
Walk him right across here. Second
door? Yes, sir. Go right ahead.
621
00:46:06,863 --> 00:46:09,703
Over here, come here, this way.
622
00:47:14,473 --> 00:47:18,072
If there's not at least
reasonable doubt in this case,
623
00:47:18,073 --> 00:47:20,232
at least reasonable doubt,
624
00:47:20,233 --> 00:47:23,514
then I don't understand
what I'm doing.
625
00:47:25,074 --> 00:47:29,154
And so, when the jury came in,
it didn't just disappoint me,
626
00:47:29,155 --> 00:47:33,675
it shook the foundations
of my beliefs.
627
00:47:34,836 --> 00:47:38,316
It shook the foundations of
my beliefs in the justice system...
628
00:47:40,236 --> 00:47:42,557
..in human beings...
629
00:47:44,197 --> 00:47:46,117
..in my own abilities...
630
00:47:47,877 --> 00:47:49,518
..in, um...
631
00:47:50,718 --> 00:47:52,238
..my judgment...
632
00:47:56,519 --> 00:47:58,238
..in my sense of reality.
633
00:47:58,239 --> 00:48:04,480
I mean, it didn't just surprise me,
it truly stunned me.
634
00:48:06,000 --> 00:48:10,880
It... it just blew me away
635
00:48:10,881 --> 00:48:13,761
emotionally and psychologically.
53412
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