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1
00:01:37,800 --> 00:01:40,599
It was a surprise, huh? Holy cow!
2
00:01:40,600 --> 00:01:43,760
Yeah, surprise is an understatement.
Oh, my God!
3
00:01:43,761 --> 00:01:46,240
It was worse when I got
the phone call about this.
4
00:01:46,241 --> 00:01:48,361
Oh, jeepers creepers!
5
00:01:48,362 --> 00:01:51,201
It was like one of those...
what, what, what?
6
00:01:51,202 --> 00:01:53,641
Yeah, it was 2.30 in the morning.
Oh, my God.
7
00:01:53,642 --> 00:01:56,882
"You're telling me I need to come.
Goddamn, I'm sleeping, why?"
8
00:01:56,883 --> 00:02:00,443
"Well, we found the blow poke."
"OK, I'm coming."
9
00:02:19,726 --> 00:02:23,606
You push that with... See, there's
a little bit of fresh metal there.
10
00:02:23,607 --> 00:02:26,326
That's because of the knife.
That's because of the knife.
11
00:02:26,327 --> 00:02:30,487
The rest of that then
looks fairly oxidised.
12
00:02:30,488 --> 00:02:34,287
To me, it looks even... See inside,
the threads are there? Right.
13
00:02:34,288 --> 00:02:36,767
The thing's dirty,
it's got grime on it.
14
00:02:36,768 --> 00:02:39,728
If you take the cue tip,
particularly down this end here,
15
00:02:39,729 --> 00:02:43,728
it come off dirty, very dirty,
so it hasn't been cleaned. Right.
16
00:02:43,729 --> 00:02:46,529
There's plenty of dust
and debris on it.
17
00:02:46,530 --> 00:02:51,330
There's nothing here that's jumping
out saying it looks like blood,
18
00:02:51,331 --> 00:02:55,050
and there's no atypical
positive reaction to blood.
19
00:02:55,051 --> 00:02:59,131
OK. You know, there's nothing here.
OK.
20
00:02:59,132 --> 00:03:03,051
Will we use it and then if we get
fucked, we'll just say you? Yeah.
21
00:03:03,052 --> 00:03:05,732
THEY LAUGH
22
00:03:05,733 --> 00:03:09,293
All right, come and help me... Help
me put this back together, brother.
23
00:03:11,213 --> 00:03:13,013
PHONE RINGS
24
00:03:13,014 --> 00:03:14,254
Hey, Mike.
25
00:03:16,494 --> 00:03:18,814
Yeah, I'm not worried about it.
26
00:03:22,735 --> 00:03:24,535
Nah, don't worry about it.
27
00:03:25,575 --> 00:03:27,136
I understand, all right.
28
00:03:28,696 --> 00:03:30,296
No blood on the blow poke.
29
00:03:35,457 --> 00:03:39,377
Er, whatever. I mean, whatever
he used, there's no blood.
30
00:03:41,378 --> 00:03:42,977
Yeah. OK?
31
00:03:42,978 --> 00:03:45,178
All right. Bye.
32
00:03:59,300 --> 00:04:03,420
It's one of those moments that
could be a turning-point moment,
33
00:04:03,421 --> 00:04:06,941
you know,
where the jury's sort of...
34
00:04:08,182 --> 00:04:11,661
..look at Hardin and say,
"Now what are you going to do?"
35
00:04:11,662 --> 00:04:16,462
You know, "You've been talking
about this missing blow poke
36
00:04:16,463 --> 00:04:19,343
"since May 5th.
37
00:04:20,663 --> 00:04:22,743
"And here it is.
38
00:04:22,744 --> 00:04:26,183
"And it's not bent and it's not
covered with blood
39
00:04:26,184 --> 00:04:30,624
"and it wasn't gotten rid of
and it's not mysteriously missing.
40
00:04:30,625 --> 00:04:34,625
"So... what are you going
to say now?"
41
00:04:35,706 --> 00:04:41,226
Um... it's one of those moments
that trial lawyers enjoy.
42
00:04:49,187 --> 00:04:50,868
Ah, jeez!
43
00:04:54,148 --> 00:04:56,028
Trial lawyers and film-makers.
44
00:04:59,589 --> 00:05:02,949
Don't be overconfident.
Do not be overconfident.
45
00:05:15,071 --> 00:05:17,951
Hi, Julia. How are you?
46
00:05:17,952 --> 00:05:20,831
Good, how are you?
I'm good, thank you.
47
00:05:20,832 --> 00:05:22,312
Oh, thanks.
48
00:05:32,154 --> 00:05:34,634
That's fine. You're welcome to.
Excuse me.
49
00:05:46,676 --> 00:05:49,035
Further evidence from the defendant?
Yes, sir.
50
00:05:49,036 --> 00:05:52,997
At this time, the defence will call
Detective Art Holland to the stand.
51
00:05:58,077 --> 00:06:01,157
Do you solemnly swear the testimony
you are about to give the court
52
00:06:01,158 --> 00:06:03,557
and the jury in the case
now being heard to be the truth
53
00:06:03,558 --> 00:06:05,517
and nothing but the truth,
so help you God?
54
00:06:05,518 --> 00:06:07,159
Yes, I do. Please be seated.
55
00:06:11,759 --> 00:06:15,720
Detective Holland, good morning,
first of all. Good morning.
56
00:06:16,960 --> 00:06:21,000
After you showed us
this item in May,
57
00:06:21,001 --> 00:06:25,040
that the district attorney was
contending was similar to the...
58
00:06:25,041 --> 00:06:26,680
to the murder weapon,
59
00:06:26,681 --> 00:06:30,041
did you ever ask either myself...
60
00:06:30,042 --> 00:06:33,001
or Mr Maher or Mr Durette
61
00:06:33,002 --> 00:06:36,682
whether, after having looked at it
and seen it finally in May,
62
00:06:36,683 --> 00:06:41,603
whether we ever had located
the blow poke?
63
00:06:41,604 --> 00:06:43,164
No, I didn't.
64
00:06:51,685 --> 00:06:53,844
Did you just assume...
65
00:06:53,845 --> 00:06:55,846
that it was gone?
66
00:06:57,206 --> 00:06:59,006
Gone or put up somewhere.
67
00:07:07,127 --> 00:07:10,448
Let me show you what's been marked
defence exhibit 280.
68
00:07:18,889 --> 00:07:20,968
You see that? Yes, sir.
69
00:07:20,969 --> 00:07:25,290
Now, this 280, that's a blow poke,
isn't it?
70
00:07:26,450 --> 00:07:30,810
Is that what it appears to be?
It appears to be a blow poke.
71
00:07:30,811 --> 00:07:36,451
And the metal tip at the end
that's on this one...
72
00:07:39,452 --> 00:07:41,652
..isn't on that one, right?
73
00:07:43,172 --> 00:07:44,372
That's correct.
74
00:07:44,373 --> 00:07:48,453
But other than that, if we look
at the handle, for example...
75
00:07:53,574 --> 00:07:56,334
..that's pretty much
the same thing, isn't it?
76
00:07:58,695 --> 00:08:03,094
Do you see this end here
you blow into? It appears to be.
77
00:08:03,095 --> 00:08:07,136
You see a bunch of
spiderweb-looking things...
78
00:08:08,336 --> 00:08:11,776
..on it? You see on the handle area
there, you see that?
79
00:08:11,777 --> 00:08:13,696
It's hard to tell from the plastic.
80
00:08:13,697 --> 00:08:17,737
All right, can you see
the dead bugs in the little...
81
00:08:19,178 --> 00:08:21,937
..plastic thing there?
It appears to be.
82
00:08:21,938 --> 00:08:24,818
This doesn't appear to you
to be mangled, does it?
83
00:08:26,139 --> 00:08:28,578
It doesn't appear to have
any dents in it.
84
00:08:28,579 --> 00:08:30,778
Does this appear to you, 280,
85
00:08:30,779 --> 00:08:35,339
to be the blow poke that Mr Hardin
has been talking about
86
00:08:35,340 --> 00:08:39,219
being mysteriously missing
since this trial began?
87
00:08:39,220 --> 00:08:41,741
Objection, characterisation.
Sustained.
88
00:08:42,741 --> 00:08:45,420
Does this appear to you
to be the blow poke
89
00:08:45,421 --> 00:08:51,782
that Mr Hardin stated in his opening
statement was mysteriously missing?
90
00:09:06,224 --> 00:09:08,584
Their problem is,
if they assent to that,
91
00:09:08,585 --> 00:09:11,745
if they don't like the results,
they're sort of stuck with them.
92
00:10:12,274 --> 00:10:14,913
The prosecutors have talked about
a missing blow poke
93
00:10:14,914 --> 00:10:16,994
and how it could have been
the murder weapon.
94
00:10:16,995 --> 00:10:18,754
It could have been
the murder weapon.
95
00:10:18,755 --> 00:10:21,714
Today, the defence pulled out
a blow poke and told jurors
96
00:10:21,715 --> 00:10:23,194
it wasn't missing at all.
97
00:10:23,195 --> 00:10:26,876
They claim police just never
saw it in the garage.
98
00:10:30,156 --> 00:10:33,236
I asked Jim Hardin if he was
surprised by today's developments.
99
00:10:33,237 --> 00:10:34,596
He said he wasn't,
100
00:10:34,597 --> 00:10:37,196
that he was expecting something
like this to happen.
101
00:10:37,197 --> 00:10:39,157
He was expecting something
like this...
102
00:10:39,158 --> 00:10:41,837
He was expecting something
like this to happen.
103
00:10:41,838 --> 00:10:45,078
In general, I got a chance to look
at the blow poke during lunch
104
00:10:45,079 --> 00:10:48,478
and it's definitely not the same
as the one that my Aunt Candace
105
00:10:48,479 --> 00:10:51,118
has brought into court,
so that leaves
106
00:10:51,119 --> 00:10:54,279
a lot of speculation there
as far as things go.
107
00:10:54,280 --> 00:10:57,119
Um... it has very...
108
00:10:57,120 --> 00:11:01,000
very distinct differences
between the two.
109
00:11:01,001 --> 00:11:03,680
But, I mean, more importantly,
the thing is,
110
00:11:03,681 --> 00:11:06,361
that regardless of, you know,
you produce an autop...
111
00:11:06,362 --> 00:11:10,761
you produce a blow poke the day
that you rest your case
112
00:11:10,762 --> 00:11:15,442
and I feel like it's just to really
create a commotion and things.
113
00:11:15,443 --> 00:11:18,802
The fact is, you can show that,
you can claim whatever you want
114
00:11:18,803 --> 00:11:21,283
about it, it's not going to
change the autopsy report,
115
00:11:21,284 --> 00:11:24,323
so it really doesn't put a hole
in the prosecution's case the way
116
00:11:24,324 --> 00:11:27,364
I think David Rudolf's attitude
thought that it would today.
117
00:11:27,365 --> 00:11:30,644
It doesn't change the fact that
my mother's autopsy report says
118
00:11:30,645 --> 00:11:33,324
she was beaten to death,
and if it was with a blow poke,
119
00:11:33,325 --> 00:11:35,565
if this was the blow poke,
I don't know,
120
00:11:35,566 --> 00:11:38,245
but it was with something
and that's how she ended up
121
00:11:38,246 --> 00:11:39,885
at the bottom of the stairs.
122
00:11:39,886 --> 00:11:43,487
Nothing is going to change that,
you know, that's finalised.
123
00:11:46,647 --> 00:11:49,887
That was easy, wasn't it? OK, sure.
Done and done.
124
00:11:49,888 --> 00:11:51,448
Can I go home now?
125
00:11:54,609 --> 00:11:56,728
The defendant brought into court
126
00:11:56,729 --> 00:11:59,608
what they've described as
a found blow poke.
127
00:11:59,609 --> 00:12:03,409
With that,
Candace Zamperini undertook to see
128
00:12:03,410 --> 00:12:06,049
whether she could locate
the other blow pokes
129
00:12:06,050 --> 00:12:10,130
that she had given to
friend and family members.
130
00:12:10,131 --> 00:12:12,850
She's been able to locate
two of those
131
00:12:12,851 --> 00:12:14,690
and they were sent to my office
132
00:12:14,691 --> 00:12:16,931
and I wanted to inform the court
of that
133
00:12:16,932 --> 00:12:19,171
to make sure
that you were aware of it.
134
00:12:19,172 --> 00:12:22,533
So we do not intend to offer that
in evidence at this point.
135
00:12:24,053 --> 00:12:28,092
I'm letting you know that they're
available and they can look at those
136
00:12:28,093 --> 00:12:30,933
and inspect them in my office.
And I appreciate that.
137
00:12:30,934 --> 00:12:35,773
I didn't get the facts yesterday
cos I didn't see it on the machine.
138
00:12:35,774 --> 00:12:39,134
But we'll take a look at it
over the break today. Thank you.
139
00:12:39,135 --> 00:12:41,574
Otherwise, are counsel ready
to proceed? Yes, sir.
140
00:12:41,575 --> 00:12:43,295
All right.
141
00:12:48,576 --> 00:12:50,817
John, this one is quite hollow.
142
00:12:52,857 --> 00:12:55,897
Hmm! Not a bad way
to end the case, huh?
143
00:12:57,458 --> 00:13:01,097
Make sure he says
that it's the same rounded edge.
144
00:13:01,098 --> 00:13:06,179
Rounded edges, yeah. There's
a little bevel there. No screws.
145
00:13:07,659 --> 00:13:10,378
Appears to be a little thread
in there. The other one.
146
00:13:10,379 --> 00:13:13,059
Don't, one's enough, Ron.
147
00:13:13,060 --> 00:13:14,820
Leave it. Don't break it.
148
00:13:16,180 --> 00:13:20,820
Have they been in the basement too?
Yeah. Look down here.
149
00:13:20,821 --> 00:13:23,380
I mean, that's...
150
00:13:23,381 --> 00:13:26,461
The blow pokes match.
151
00:13:26,462 --> 00:13:27,901
How big is that?
152
00:13:27,902 --> 00:13:30,742
Candace just can't keep her fucking
mouth shut.
153
00:13:31,782 --> 00:13:33,063
Thank you.
154
00:13:34,183 --> 00:13:36,943
I don't think I'd be here
if she'd kept her mouth shut.
155
00:13:39,544 --> 00:13:42,503
Defendant's 301 and 302 are
the other two blow pokes
156
00:13:42,504 --> 00:13:46,344
that Miss Zamperini had sent
to the district attorney's office
157
00:13:46,345 --> 00:13:48,384
that we just got over lunch,
correct?
158
00:13:48,385 --> 00:13:49,744
That's correct.
159
00:13:49,745 --> 00:13:51,624
And have you had a chance, sir,
160
00:13:51,625 --> 00:13:54,585
to compare defence exhibits
301 and 302
161
00:13:54,586 --> 00:13:57,065
with defendant's exhibit 280A,
162
00:13:57,066 --> 00:13:59,745
the one that was found
in Mr Peterson's home?
163
00:13:59,746 --> 00:14:03,746
I've only observed one of the two
that was sent, not both of them.
164
00:14:03,747 --> 00:14:06,987
All right, well, why don't you take
a look at the two of them here,
165
00:14:06,988 --> 00:14:08,587
if you could?
166
00:14:08,588 --> 00:14:11,787
This is a 280, the one that was...
Yes, sir.
167
00:14:11,788 --> 00:14:13,547
..found in Mr Peterson's home.
168
00:14:13,548 --> 00:14:17,588
And this is 301, one of the ones
that were sent. Yes, sir.
169
00:14:17,589 --> 00:14:21,109
Can you compare those two
for the jury?
170
00:14:21,110 --> 00:14:22,950
Are they the same height?
171
00:14:25,270 --> 00:14:27,669
The defendant's exhibit's
a little taller.
172
00:14:27,670 --> 00:14:29,391
The length's a little longer.
173
00:14:35,032 --> 00:14:36,831
Does it have a bevel there?
174
00:14:36,832 --> 00:14:38,191
Yes, sir.
175
00:14:38,192 --> 00:14:40,311
Threads inside?
176
00:14:40,312 --> 00:14:41,592
Yes, sir.
177
00:14:43,193 --> 00:14:49,713
So, can we agree that the missing
blow poke has been found?
178
00:14:49,714 --> 00:14:51,434
Objection. Sustained.
179
00:14:53,794 --> 00:14:58,235
We move 301 and 302 into evidence,
your honour. It's allowed.
180
00:15:01,435 --> 00:15:04,715
Did... Not that photograph.
181
00:15:04,716 --> 00:15:06,675
Oh, here's the little, um...
182
00:15:06,676 --> 00:15:09,476
Dust, it looks like
a spider leg here.
183
00:15:10,597 --> 00:15:13,716
This was supposed to be some type
of... something to make you think
184
00:15:13,717 --> 00:15:16,556
that blow poke had been there
since December 2001, I guess.
185
00:15:16,557 --> 00:15:18,997
Here's a cobweb, that's significant.
186
00:15:18,998 --> 00:15:22,158
Here's a little bit of...
goo or something.
187
00:15:23,719 --> 00:15:26,918
Ladies and gentlemen,
we really don't know what this is.
188
00:15:26,919 --> 00:15:30,238
You've been given no information
about who found it,
189
00:15:30,239 --> 00:15:33,200
when it was found, why it was there.
190
00:15:34,880 --> 00:15:39,240
So I argue to you that exhibit 280A
is just a piece of nothing.
191
00:15:39,241 --> 00:15:40,561
Nothing.
192
00:15:41,761 --> 00:15:44,921
We have never told you
that we are absolutely certain
193
00:15:44,922 --> 00:15:48,081
that it was the blow poke
that killed Miss Peterson.
194
00:15:48,082 --> 00:15:51,762
We do believe, if it wasn't the blow
poke that Candace had given them,
195
00:15:51,763 --> 00:15:53,882
that it was something similar
to that,
196
00:15:53,883 --> 00:15:56,562
and you've heard from expert
testimony why we believe that.
197
00:15:56,563 --> 00:15:59,043
But they are talking about us doing
something last-minute
198
00:15:59,044 --> 00:16:01,803
when they dared to pull that piece
of evidence out in front of you
199
00:16:01,804 --> 00:16:03,563
two days before they rested.
200
00:16:03,564 --> 00:16:05,524
Does that make common sense to you?
201
00:16:05,525 --> 00:16:06,884
You need to keep in mind,
202
00:16:06,885 --> 00:16:09,684
we're not dealing with
the average individual over here.
203
00:16:09,685 --> 00:16:11,965
We're dealing with
a fictional writer.
204
00:16:13,326 --> 00:16:16,165
Some people even say
he's a good fictional writer.
205
00:16:16,166 --> 00:16:20,287
He is a person who knows
how to create a fictional plot.
206
00:16:21,527 --> 00:16:22,927
And then there's Brad.
207
00:16:25,807 --> 00:16:31,408
Do you really believe
that Kathleen knew...
208
00:16:33,288 --> 00:16:36,209
..that Mr Peterson was bisexual?
209
00:16:38,529 --> 00:16:41,809
Does that make common sense to you
that it was OK with her
210
00:16:41,810 --> 00:16:46,089
to go to work while he stayed
at home and communicated by e-mail
211
00:16:46,090 --> 00:16:49,890
and telephone with people
he was planning on having sex with?
212
00:16:49,891 --> 00:16:52,770
And this isn't just
a computer relationship.
213
00:16:52,771 --> 00:16:55,251
I asked Brad what they were going
to do. He told you.
214
00:16:55,252 --> 00:16:57,011
And I don't mean
to offend anybody,
215
00:16:57,012 --> 00:16:59,371
but he did say they were going
to have anal sex.
216
00:16:59,372 --> 00:17:03,692
The only reason that meeting didn't
take place was because of Brad.
217
00:17:03,693 --> 00:17:08,374
It wasn't because of Mr Peterson.
He was fired up and ready to go.
218
00:17:09,414 --> 00:17:14,013
And you honestly believe that
Kathleen Peterson knew about that?
219
00:17:14,014 --> 00:17:15,734
Would have approved of that?
220
00:17:15,735 --> 00:17:20,374
And it wasn't just Brad, you saw the
rest of the things on his computer.
221
00:17:20,375 --> 00:17:23,175
Once again, those things were
so filthy
222
00:17:23,176 --> 00:17:25,695
we can't even show them on TV.
223
00:17:25,696 --> 00:17:32,336
Filth, pure filth. This isn't people
involved in a relationship.
224
00:17:32,337 --> 00:17:37,698
This is just any which way.
This is called hard-core porn.
225
00:17:39,258 --> 00:17:42,417
Do you think she approved of
this type of activity
226
00:17:42,418 --> 00:17:44,698
while she's off at work or sleeping?
227
00:17:44,699 --> 00:17:47,018
I argue to you
that doesn't make sense.
228
00:17:47,019 --> 00:17:50,899
And that's not the way soul mates
conduct themselves.
229
00:17:50,900 --> 00:17:52,660
That is not.
230
00:17:57,581 --> 00:17:59,220
Ladies and gentlemen,
231
00:17:59,221 --> 00:18:02,620
this photograph is
the first photograph taken
232
00:18:02,621 --> 00:18:04,462
of Kathleen Peterson...
233
00:18:06,222 --> 00:18:08,701
..at the autopsy table.
234
00:18:08,702 --> 00:18:13,103
It shows the very graphic,
brutal nature of this killing.
235
00:18:14,343 --> 00:18:20,063
Ladies and gentlemen, if a picture
is truly worth a thousand words,
236
00:18:20,064 --> 00:18:22,064
then this photograph...
237
00:18:23,184 --> 00:18:25,584
..at least speaks a thousand words.
238
00:18:25,585 --> 00:18:27,665
This photograph speaks
a thousand words.
239
00:18:28,785 --> 00:18:30,864
Look at all of these photographs
240
00:18:30,865 --> 00:18:33,266
that show that this woman
was beaten.
241
00:18:35,026 --> 00:18:36,706
I was thinking...
242
00:18:37,706 --> 00:18:40,586
..if a picture is worth
a thousand words,
243
00:18:40,587 --> 00:18:42,867
and if we only knew...
244
00:18:44,707 --> 00:18:48,147
..what Kathleen Peterson knew
at the time of her death,
245
00:18:48,148 --> 00:18:50,787
and I started looking
around the scene
246
00:18:50,788 --> 00:18:52,909
and in the stairwell
and thinking...
247
00:18:54,549 --> 00:18:56,469
.."What if those walls could talk?
248
00:18:57,509 --> 00:18:58,909
"What would they say?"
249
00:19:00,550 --> 00:19:03,469
Ladies and gentlemen,
these walls are talking.
250
00:19:03,470 --> 00:19:10,670
Kathleen Peterson is talking to us
through the blood on these walls.
251
00:19:10,671 --> 00:19:16,672
She is screaming at us
for truth and for justice.
252
00:19:18,192 --> 00:19:20,112
It's all in these photographs.
253
00:19:22,073 --> 00:19:23,952
Ladies and gentlemen,
254
00:19:23,953 --> 00:19:27,513
they've said Kathleen Peterson
died of an accident.
255
00:19:28,554 --> 00:19:31,673
We've said
that she has died of murder.
256
00:19:31,674 --> 00:19:34,794
And we ask that you return
that verdict.
257
00:19:34,795 --> 00:19:36,275
Thank you.
258
00:19:38,835 --> 00:19:41,194
Well, let me tell you
what my gut is.
259
00:19:41,195 --> 00:19:45,035
My gut is that what we want to do...
260
00:19:45,036 --> 00:19:50,636
is structure it around
the whole reasonable doubt concept.
261
00:19:50,637 --> 00:19:54,436
OK. Go through the stuff
that we do have evidence for.
262
00:19:54,437 --> 00:19:55,518
Mm-hm.
263
00:19:56,558 --> 00:19:59,397
That she fell,
they've seen the stairs,
264
00:19:59,398 --> 00:20:01,877
they know how easy it is
to fall there.
265
00:20:01,878 --> 00:20:04,958
You know, that the blood
on her feet, you know,
266
00:20:04,959 --> 00:20:08,078
we can do the scenario
of her being down on the ground
267
00:20:08,079 --> 00:20:10,959
for some period of time.
We can do all that,
268
00:20:10,960 --> 00:20:13,759
and then to say,
but it's not our burden. All right.
269
00:20:13,760 --> 00:20:15,519
And what this case is really about
270
00:20:15,520 --> 00:20:18,880
is whether they've proven
their case beyond reasonable doubt.
271
00:20:18,881 --> 00:20:24,521
And then I think we want to hit
the ten biggest reasonable doubts.
272
00:20:24,522 --> 00:20:27,241
Er, and, um...
273
00:20:27,242 --> 00:20:30,922
then I think... and I want
to discuss each.
274
00:20:30,923 --> 00:20:33,802
Mm-hm.
And spend some time on each.
275
00:20:33,803 --> 00:20:36,803
But then I think I want to say,
"Now, that's ten...
276
00:20:38,124 --> 00:20:41,363
"I could do another 20." Mm-hm.
277
00:20:41,364 --> 00:20:45,364
"I could spend another four hours
going through another 20."
278
00:20:45,365 --> 00:20:49,644
And just list them. Ten is nice
if they're not equally strong,
279
00:20:49,645 --> 00:20:52,885
but strong enough that none of them
get to the point of being...
280
00:20:52,886 --> 00:20:54,725
I think we can... We probably can,
281
00:20:54,726 --> 00:20:58,326
but I think it's important that
they all be of substantial weight.
282
00:20:58,327 --> 00:21:02,486
Otherwise you're better with seven
or eight or whatever. Oh, I agree.
283
00:21:02,487 --> 00:21:04,166
The blow poke's not missing.
284
00:21:04,167 --> 00:21:07,847
I mean, the blow poke is sort of
like what Clinton said.
285
00:21:07,848 --> 00:21:11,447
It's the economy, stupid.
It's the blow poke, stupid.
286
00:21:11,448 --> 00:21:14,768
I mean, it's here, they tied...
287
00:21:14,769 --> 00:21:20,410
they hitched their star to this
wagon from the very beginning.
288
00:21:21,730 --> 00:21:24,969
I guess reasonable doubt number one
is the blow poke is here.
289
00:21:24,970 --> 00:21:27,330
And it's not the murder weapon. OK.
290
00:21:27,331 --> 00:21:29,411
Er... there's no cast-off.
291
00:21:34,892 --> 00:21:37,932
Er... there's no brain injuries.
292
00:21:38,972 --> 00:21:43,892
I think it's important for me
to make the jury understand
293
00:21:43,893 --> 00:21:48,453
that this is not about whether
we've proven Michael is innocent.
294
00:21:48,454 --> 00:21:51,733
It's not even about whether
Michael IS innocent.
295
00:21:51,734 --> 00:21:56,494
You know, in Scotland
they have a verdict
296
00:21:56,495 --> 00:21:59,975
that is either guilty or not proven.
297
00:22:01,256 --> 00:22:04,335
And here we say
guilty or not guilty.
298
00:22:04,336 --> 00:22:07,255
Well, not guilty is not the same
as innocent.
299
00:22:07,256 --> 00:22:11,096
And not guilty is really
the equivalent of not proven.
300
00:22:11,097 --> 00:22:12,936
Not proven beyond reasonable doubt.
301
00:22:12,937 --> 00:22:17,977
If I spend too much time
arguing that he's innocent,
302
00:22:17,978 --> 00:22:22,418
I, in essence, I relieve the State
of its burden of proof.
303
00:22:22,419 --> 00:22:25,258
I invite the jury the weigh -
304
00:22:25,259 --> 00:22:28,939
well, is Rudolf right
or is Hardin right?
305
00:22:28,940 --> 00:22:33,699
Well, that's giving up a tremendous
legal advantage
306
00:22:33,700 --> 00:22:36,700
that all defendants have
and should have.
307
00:22:36,701 --> 00:22:40,140
You know, what we've basically built
into our system is the notion
308
00:22:40,141 --> 00:22:43,901
that we want to have guilt proven
beyond reasonable doubt
309
00:22:43,902 --> 00:22:46,701
to avoid innocent people
going to prison.
310
00:22:46,702 --> 00:22:49,862
It's not perfect,
but that's the goal.
311
00:22:49,863 --> 00:22:55,302
And so, the real issue,
the real issue in this case,
312
00:22:55,303 --> 00:22:58,263
is not whether we have proven
313
00:22:58,264 --> 00:23:03,745
that Kathleen Peterson died
as a result of an accident.
314
00:23:05,305 --> 00:23:07,425
No. That's not our burden.
315
00:23:08,465 --> 00:23:12,146
The real issue,
the one that you need to focus on...
316
00:23:13,146 --> 00:23:17,946
..is whether the State has proven
beyond a reasonable doubt,
317
00:23:17,947 --> 00:23:22,386
with proof that fully satisfies
and entirely convinces you,
318
00:23:22,387 --> 00:23:25,707
that on the morning
of December 9th, 2001,
319
00:23:25,708 --> 00:23:30,707
Michael Peterson beat Kathleen
Peterson to death with a blow poke
320
00:23:30,708 --> 00:23:35,388
in that narrow stairway that
all of you saw just a few weeks ago.
321
00:23:35,389 --> 00:23:39,109
And what I want to do this morning
is to focus on
322
00:23:39,110 --> 00:23:42,630
the reasonable doubts in this case.
323
00:23:43,790 --> 00:23:45,950
The first reasonable doubt.
324
00:23:45,951 --> 00:23:48,510
The missing murder weapon
isn't missing
325
00:23:48,511 --> 00:23:50,671
and it wasn't used in a murder.
326
00:23:52,151 --> 00:23:54,832
It doesn't get much simpler
than that, does it?
327
00:23:55,832 --> 00:23:58,632
The State contended
in its opening statement...
328
00:24:00,033 --> 00:24:04,552
..that they would prove
that the blow poke was,
329
00:24:04,553 --> 00:24:08,393
as Mr Hardin put it,
mysteriously missing.
330
00:24:08,394 --> 00:24:11,713
Why was this blow poke
so crucial to their case?
331
00:24:11,714 --> 00:24:14,554
You actually heard it
from Mr Hardin in his opening.
332
00:24:14,555 --> 00:24:18,715
He needed something that was light
enough to cause the lacerations...
333
00:24:19,755 --> 00:24:23,676
..but not so heavy
as to fracture the skull.
334
00:24:25,476 --> 00:24:27,756
So he was sort of
walking a tightrope.
335
00:24:27,757 --> 00:24:32,037
And this was the tightrope
he was walking.
336
00:24:35,398 --> 00:24:37,477
Reasonable doubt number two.
337
00:24:37,478 --> 00:24:39,397
There is no credible motive
338
00:24:39,398 --> 00:24:43,639
and you don't just decide
to kill your wife for no reason.
339
00:24:44,919 --> 00:24:49,959
In opening statements, I told you
all that everyone who knew
340
00:24:49,960 --> 00:24:53,519
Kathleen and Michael Peterson knew
341
00:24:53,520 --> 00:24:57,160
that they were very much in love
and happy.
342
00:24:57,161 --> 00:25:00,440
And in fact, when Candace Zamperini
343
00:25:00,441 --> 00:25:03,881
spoke to the police
in December 2001,
344
00:25:03,882 --> 00:25:06,441
she used the term soul mate.
345
00:25:06,442 --> 00:25:08,641
And when she testified here,
346
00:25:08,642 --> 00:25:14,642
you didn't hear her say anything bad
about the relationship.
347
00:25:14,643 --> 00:25:18,123
Sometimes, the absence of evidence
speaks louder
348
00:25:18,124 --> 00:25:21,003
than anything
that a defendant could produce.
349
00:25:21,004 --> 00:25:25,645
If there was a single witness,
one, anywhere...
350
00:25:26,725 --> 00:25:32,086
..who could say one bad thing
about their relationship...
351
00:25:33,286 --> 00:25:36,085
..you know
you would have heard it.
352
00:25:36,086 --> 00:25:38,566
No-one came in and testified -
353
00:25:38,567 --> 00:25:42,606
not Caitlin, who's sat here
for most of the trial.
354
00:25:42,607 --> 00:25:45,328
Not any of Kathleen's co-workers.
355
00:25:46,728 --> 00:25:49,008
Not any of Kathleen's friends.
356
00:25:50,008 --> 00:25:52,768
Reasonable doubt number three.
357
00:25:52,769 --> 00:25:59,609
There is one thing that everyone
who went to the scene of 1810 Cedar
358
00:25:59,610 --> 00:26:03,330
on the night
of December 9th agrees on.
359
00:26:04,770 --> 00:26:10,930
Michael Peterson was in profound,
deep shock and grief
360
00:26:10,931 --> 00:26:13,212
over Kathleen's death.
361
00:26:16,852 --> 00:26:20,732
The words you speak
when you reach your verdict
362
00:26:20,733 --> 00:26:23,412
will be the most important words
363
00:26:23,413 --> 00:26:26,814
that Michael Peterson
and his family...
364
00:26:28,014 --> 00:26:32,454
..will ever, ever, ever
hear in their lives.
365
00:26:34,935 --> 00:26:41,135
And the words that Michael Peterson
spoke on December 9th, 2001,
366
00:26:41,136 --> 00:26:45,176
when he called 911...
367
00:26:47,097 --> 00:26:51,657
..should guide your verdict
as you deliberate it.
368
00:26:58,498 --> 00:27:02,458
'911, what's your emergency?
1810 Cedar Street, please.
369
00:27:02,459 --> 00:27:05,658
'What's wrong? My wife's had
an accident, she's still breathing.
370
00:27:05,659 --> 00:27:08,139
'What kind of accident?
She fell down the stairs.
371
00:27:08,140 --> 00:27:09,819
'She's still breathing, please!
372
00:27:09,820 --> 00:27:11,979
'Is she conscious? What?
Is she conscious?
373
00:27:11,980 --> 00:27:13,139
'No, she's unconscious.
374
00:27:13,140 --> 00:27:17,340
'How many stairs did she fall down?
Hello? How many stairs? Stairs?
375
00:27:17,341 --> 00:27:22,181
'How many stairs? I don't know.
Calm down, sir.
376
00:27:22,182 --> 00:27:24,901
'Calm down. Oh, er... 15, 20,
I don't know.
377
00:27:24,902 --> 00:27:27,541
'Please, get somebody here
right away, please!
378
00:27:27,542 --> 00:27:31,302
'Somebody is despatched in an
ambulance while I ask you questions.
379
00:27:31,303 --> 00:27:34,182
'It's... in Forest Hills. OK?
380
00:27:34,183 --> 00:27:40,023
'Please, please! Sir, somebody else
is despatching the ambulance.
381
00:27:40,024 --> 00:27:42,664
'OK, is she awake now?
382
00:27:42,665 --> 00:27:44,225
'Hello?
383
00:27:46,825 --> 00:27:48,185
'Hello?'
384
00:27:51,106 --> 00:27:54,866
You know, I think one of
the most strange comments...
385
00:27:56,146 --> 00:28:00,386
..and actually a very true comment,
was what Candace said on the stand
386
00:28:00,387 --> 00:28:04,668
when she said, "I don't know
who that Michael Peterson is."
387
00:28:07,148 --> 00:28:11,428
You know... I don't know
who that person is either
388
00:28:11,429 --> 00:28:13,108
who has been on trial,
389
00:28:13,109 --> 00:28:17,310
hearing all of these things and
listening to all of these stories.
390
00:28:18,510 --> 00:28:24,030
These incredible things. I don't
know who that person is either.
391
00:28:25,271 --> 00:28:27,991
But it isn't me, I know that.
392
00:28:29,591 --> 00:28:31,152
I am who I am.
393
00:28:32,152 --> 00:28:34,511
And I can live with that.
394
00:28:34,512 --> 00:28:36,311
And I told you in the beginning,
395
00:28:36,312 --> 00:28:41,352
I've never been terribly concerned
what other people think,
396
00:28:41,353 --> 00:28:44,312
and I know that comes across
as an arrogance,
397
00:28:44,313 --> 00:28:49,193
but I think that a lot of it
has to do with peace,
398
00:28:49,194 --> 00:28:54,234
that I have never really
ever sought to hurt anybody.
399
00:28:54,235 --> 00:28:58,754
Yes, I've done some bad things,
yes, I've certainly inadvertently
400
00:28:58,755 --> 00:29:02,395
hurt people and I haven't led
the most exemplary life.
401
00:29:02,396 --> 00:29:07,556
But I've never consciously
gone out to hurt anybody.
402
00:29:07,557 --> 00:29:12,837
And I can,
in a very loose definition...
403
00:29:14,038 --> 00:29:15,918
..live at peace with myself.
404
00:29:16,958 --> 00:29:19,158
And if you can do that...
405
00:29:20,919 --> 00:29:24,559
..it really doesn't make
any difference where that is.
406
00:29:26,239 --> 00:29:28,320
So... I'll just...
407
00:29:29,480 --> 00:29:32,599
..probably just
not be any different
408
00:29:32,600 --> 00:29:35,760
on Tuesday or Wednesday or Thursday
409
00:29:35,761 --> 00:29:39,680
if I come back to this house
or if I go somewhere else,
410
00:29:39,681 --> 00:29:43,241
it's not going to change who I am
411
00:29:43,242 --> 00:29:45,602
and who... when I am.
412
00:29:46,762 --> 00:29:48,882
It will be still me.
413
00:29:48,883 --> 00:29:53,203
And the trappings certainly
could be very, very different.
414
00:29:54,403 --> 00:29:57,603
The environment certainly
could be very different.
415
00:29:57,604 --> 00:29:59,364
But that's just...
416
00:30:01,845 --> 00:30:03,645
..environment.
417
00:30:12,046 --> 00:30:15,966
Members of the jury, all of
the evidence has been presented,
418
00:30:15,967 --> 00:30:20,486
it is now your duty to decide from
this evidence what the facts are.
419
00:30:20,487 --> 00:30:24,567
The defendant has been charged
with first-degree murder.
420
00:30:24,568 --> 00:30:27,607
Under the law
and the evidence in this case,
421
00:30:27,608 --> 00:30:32,488
it is your duty to return
one of the following verdicts.
422
00:30:32,489 --> 00:30:35,808
One - guilty of first-degree murder
423
00:30:35,809 --> 00:30:38,889
or... two - not guilty.
424
00:30:38,890 --> 00:30:41,329
Take the jury
to the deliberation room
425
00:30:41,330 --> 00:30:45,651
and once you get the verdict sheet,
you can begin your deliberations.
426
00:31:05,214 --> 00:31:07,133
LAUGHTER
427
00:31:07,134 --> 00:31:11,454
That was scary. That was so funny.
Give them something to film.
428
00:31:11,455 --> 00:31:14,814
Leather... Dad!
Some women, Germans...
429
00:31:14,815 --> 00:31:20,895
How far away? Can I come look
at it when you go? Yes.
430
00:31:20,896 --> 00:31:23,095
Yes, absolutely.
431
00:31:23,096 --> 00:31:25,016
Absolutely, absolutely.
432
00:31:30,097 --> 00:31:33,337
Do you still... I mean, you've been
practising law for 28 years,
433
00:31:33,338 --> 00:31:36,217
do you still get butterflies
in your stomach?
434
00:31:36,218 --> 00:31:37,578
Um...
435
00:31:39,379 --> 00:31:43,778
Butterflies may not be quite the
right word, I still feel anxious.
436
00:31:43,779 --> 00:31:47,300
I think I've gotten better at...
437
00:31:48,380 --> 00:31:50,579
..putting it out of my mind
while I'm waiting,
438
00:31:50,580 --> 00:31:53,260
but when the knock comes
on the door,
439
00:31:53,261 --> 00:31:56,460
and they say they've reached
a verdict, that's when...
440
00:31:56,461 --> 00:31:59,020
butterflies would probably be
an understatement,
441
00:31:59,021 --> 00:32:03,741
it's more like bats and birds and
all kinds of things floating around.
442
00:32:03,742 --> 00:32:06,541
How about for your client,
for Mike Peterson?
443
00:32:06,542 --> 00:32:08,742
This is going to be
a tough time too.
444
00:32:08,743 --> 00:32:12,102
He needs his space and he needs
to be with his family
445
00:32:12,103 --> 00:32:15,543
and he needs to be with his kids,
and that's...
446
00:32:15,544 --> 00:32:18,463
he doesn't need me,
he needs the people
447
00:32:18,464 --> 00:32:22,544
who have supported him
and loved him his whole life.
448
00:32:22,545 --> 00:32:24,305
Hand me my wine, will you?
449
00:32:27,065 --> 00:32:29,266
Go ahead. Thanks very much.
450
00:32:30,546 --> 00:32:32,625
Enjoy it, it could be your last.
451
00:32:32,626 --> 00:32:35,187
THEY LAUGH
452
00:32:36,907 --> 00:32:39,746
I'll take a bottle with me
to court tomorrow. You'd better.
453
00:32:39,747 --> 00:32:42,787
It can go with all the other ones
there. What about the...?
454
00:32:42,788 --> 00:32:47,067
My entire bar in evidence, right?
Have you got the cyanide capsule?
455
00:32:47,068 --> 00:32:49,468
You're going out like...
A cyanide capsule.
456
00:32:49,469 --> 00:32:52,829
Was it Himmler or...?
Goring. Goring. That's right.
457
00:32:55,029 --> 00:32:58,189
Everybody, all the lawyers are
handicapping this thing,
458
00:32:58,190 --> 00:33:01,709
so there's really hardly any
possibility of a conviction.
459
00:33:01,710 --> 00:33:04,070
They're either talking about
an acquittal
460
00:33:04,071 --> 00:33:06,150
or they're talking about
a hung jury.
461
00:33:06,151 --> 00:33:09,870
Even Tom today told me that
he expects an acquittal tomorrow
462
00:33:09,871 --> 00:33:13,151
and he said, you know,
if it goes beyond Wednesday...
463
00:33:13,152 --> 00:33:17,632
PHONE RINGS
..then we might be thinking
a hung jury.
464
00:33:17,633 --> 00:33:20,072
Nobody's thinking a conviction here.
465
00:33:20,073 --> 00:33:22,752
That is in fact what I wanted
to talk to you about.
466
00:33:22,753 --> 00:33:27,553
And that is, you know, I always tell
my clients, you've got a 10% chance
467
00:33:27,554 --> 00:33:32,074
of losing the case or 80% chance,
50-50 or whatever.
468
00:33:32,075 --> 00:33:37,074
You know, I handicap this thing
extremely low, extremely low.
469
00:33:37,075 --> 00:33:40,795
But on the other hand, lightning
strikes, you just never know.
470
00:33:40,796 --> 00:33:43,275
Twice sometimes. Yeah.
471
00:33:43,276 --> 00:33:45,597
I almost hope they believe that.
472
00:33:47,597 --> 00:33:50,276
But anyway, in the event,
in the unlikely event,
473
00:33:50,277 --> 00:33:52,477
there will not be time to talk
right away
474
00:33:52,478 --> 00:33:54,717
because they'll just take you
right away.
475
00:33:54,718 --> 00:33:57,277
There'll be time later,
in the evening we can talk,
476
00:33:57,278 --> 00:34:01,198
just like when you were in jail
for that month in December.
477
00:34:01,199 --> 00:34:04,478
But it was a little bit different,
you know, because we all got ready
478
00:34:04,479 --> 00:34:08,199
and took you down to the jail
and we had a lot of time to talk.
479
00:34:08,200 --> 00:34:11,759
Um... but I am convinced,
480
00:34:11,760 --> 00:34:15,040
especially after hearing
the jury instructions today,
481
00:34:15,041 --> 00:34:18,560
that this judge has committed
prejudicial error already.
482
00:34:18,561 --> 00:34:21,721
Really? Well, that Ratliff stuff
should never have come in.
483
00:34:21,722 --> 00:34:25,681
Nobody I've talked to can believe
that that evidence was admitted.
484
00:34:25,682 --> 00:34:28,722
It's highly prejudicial,
highly prejudicial.
485
00:34:28,723 --> 00:34:31,922
So I think it's reversible,
and easily reversible,
486
00:34:31,923 --> 00:34:36,123
so what I wanted to tell you, we
won't have time to talk tomorrow,
487
00:34:36,124 --> 00:34:40,084
you know, don't panic,
you'll spend a year in prison.
488
00:34:41,805 --> 00:34:44,285
But you can do that
standing on your head.
489
00:34:45,485 --> 00:34:49,285
But that's the important thing to
keep in mind. The game is not over.
490
00:34:49,286 --> 00:34:51,285
So you're telling me to...
491
00:34:51,286 --> 00:34:54,447
Don't bolt for the door downstairs.
Don't bolt for the door.
492
00:34:55,927 --> 00:34:57,367
OK, all right.
493
00:34:58,487 --> 00:35:00,887
Well, just... I've told...
494
00:35:05,128 --> 00:35:07,647
My affairs are perfectly in order.
495
00:35:07,648 --> 00:35:10,729
You know, Todd knows what to do.
Yeah, OK.
496
00:35:11,809 --> 00:35:15,529
We've told him, you know...
More powers of attorney.
497
00:35:15,530 --> 00:35:19,089
I'm going to take off my watch
and just have 100
498
00:35:19,090 --> 00:35:22,010
and we'll stick them in my pants
and I'll... Yeah.
499
00:35:23,371 --> 00:35:27,890
But mostly, the main thing,
I want the kids removed from it,
500
00:35:27,891 --> 00:35:31,731
I want them taken out of here
and this environment
501
00:35:31,732 --> 00:35:36,532
and I want them to go on,
I mean, just absolutely go on.
502
00:35:36,533 --> 00:35:41,812
I trust you, Jack, to take care of
everything, take care of my kids.
503
00:35:41,813 --> 00:35:46,173
Yeah. Cos they'll be a mess.
They will be a wreck.
504
00:35:46,174 --> 00:35:49,533
Yeah, I know, I think that's right.
Oh, they will be a wreck.
505
00:35:49,534 --> 00:35:51,574
They'll just be destroyed.
506
00:35:51,575 --> 00:35:55,455
Margaret and Martha will be...
Ah, they'll just be... Yeah.
507
00:35:57,696 --> 00:35:59,215
So, bring 'em to Vegas.
508
00:35:59,216 --> 00:36:02,535
We'll send them up there.
Margaret tried that...
509
00:36:02,536 --> 00:36:05,896
Listen, she's got the genes, so...
510
00:36:05,897 --> 00:36:08,056
That's fine. Yeah.
511
00:36:08,057 --> 00:36:10,496
I don't think it's going to
happen tomorrow anyway.
512
00:36:10,497 --> 00:36:12,577
I don't think it's going
to happen either.
513
00:36:12,578 --> 00:36:15,657
I don't even think we'll get a
verdict tomorrow, I'd be surprised.
514
00:36:15,658 --> 00:36:17,417
But not terribly surprised.
515
00:36:17,418 --> 00:36:20,018
I can deal with whatever happens.
516
00:36:20,019 --> 00:36:26,339
Believe me, I was saying before,
that it's all up here, basically.
517
00:36:26,340 --> 00:36:29,939
You know, Milton. "Make a heaven of
our hell, a hell of our heaven."
518
00:36:29,940 --> 00:36:31,660
And I can...
519
00:36:32,861 --> 00:36:35,781
I can deal with it,
I absolutely can.
520
00:38:11,155 --> 00:38:15,114
It's too terrifying,
it would be like losing everything.
521
00:38:15,115 --> 00:38:17,155
I mean, we still have the family,
522
00:38:17,156 --> 00:38:19,035
but we just lost our mother,
523
00:38:19,036 --> 00:38:22,995
we lost our sister, and to lose
our dad, who's basically...
524
00:38:22,996 --> 00:38:25,276
I mean, he's the foundation
of the family.
525
00:38:25,277 --> 00:38:28,556
He is holding us together, he's
the strongest person in this family
526
00:38:28,557 --> 00:38:29,996
and...
527
00:38:29,997 --> 00:38:32,157
I wouldn't...
528
00:38:32,158 --> 00:38:35,797
I don't think
I'd be able to survive without him.
529
00:38:35,798 --> 00:38:39,718
I don't think I can... I can't
really think about it too much
530
00:38:39,719 --> 00:38:44,118
because it will just send me
in too much of a depression.
531
00:38:44,119 --> 00:38:48,199
I couldn't... I couldn't live my life
without my dad.
532
00:38:48,200 --> 00:38:51,600
People have told me,
some of my friends have been like,
533
00:38:51,601 --> 00:38:55,280
"You know, Margaret, you should
really plan just in case."
534
00:38:55,281 --> 00:39:01,281
And there's not been one single time
where I could believe,
535
00:39:01,282 --> 00:39:03,281
no matter how corrupt any system is,
536
00:39:03,282 --> 00:39:06,482
I could believe that they could come
with a guilty verdict.
537
00:39:06,483 --> 00:39:09,163
I mean, it won't happen.
538
00:39:28,886 --> 00:39:31,966
COURT CLERK MAKES ANNOUNCEMENT
539
00:39:33,086 --> 00:39:36,486
All right, now I'm going to bring
the jury in,
540
00:39:36,487 --> 00:39:39,206
they're going to tell me
what their verdict is
541
00:39:39,207 --> 00:39:41,567
and I'm going to need
order in the court,
542
00:39:41,568 --> 00:39:44,367
getting this jury out of here
and doing the things
543
00:39:44,368 --> 00:39:46,087
that I'm going to have to do,
544
00:39:46,088 --> 00:39:47,848
so, to the members of the public,
545
00:39:47,849 --> 00:39:50,248
if you think you're going
to have difficulty
546
00:39:50,249 --> 00:39:52,168
accepting the jury's verdict
547
00:39:52,169 --> 00:39:55,809
and you're going to make noise
or do something else disruptive
548
00:39:55,810 --> 00:39:57,169
in the courtroom,
549
00:39:57,170 --> 00:40:02,450
I'm going to give you an opportunity
to leave right now.
550
00:40:02,451 --> 00:40:07,330
Because if you disrupt my courtroom,
while I'm doing this,
551
00:40:07,331 --> 00:40:11,011
and you cause a scene,
I'm going to have you arrested.
552
00:40:11,012 --> 00:40:15,373
Mr Deputy, bring the jury in. Tell
them to bring all their belongings.
553
00:40:19,693 --> 00:40:21,133
This way, please.
554
00:40:43,377 --> 00:40:46,696
All right, Ms Foreperson,
I'm going to ask you some questions.
555
00:40:46,697 --> 00:40:48,816
Has the jury reached
a unanimous verdict
556
00:40:48,817 --> 00:40:51,137
on the issue that was submitted
to you? Yes.
557
00:40:51,138 --> 00:40:54,977
Have you marked the appropriate
spaces on the verdict sheet? Yes.
558
00:40:54,978 --> 00:40:57,698
Have you signed your name
and printed your name? Yes.
559
00:40:57,699 --> 00:41:00,579
All right, if you will give that
sheet to the deputy, please.
560
00:41:14,741 --> 00:41:17,540
All right, Ms Clerk,
if you will take the verdict.
561
00:41:17,541 --> 00:41:19,341
Ladies and gentlemen of the jury,
562
00:41:19,342 --> 00:41:21,421
you have returned
the following verdict.
563
00:41:21,422 --> 00:41:24,501
State of North Carolina
versus Michael Iver Peterson,
564
00:41:24,502 --> 00:41:28,662
file number 01 CRS 24821.
565
00:41:28,663 --> 00:41:32,423
"We, the 12 members of the jury,
unanimously find the defendant
566
00:41:32,424 --> 00:41:34,663
"to be guilty of
first-degree murder,
567
00:41:34,664 --> 00:41:37,303
"this the 10th day of October 2003,"
568
00:41:37,304 --> 00:41:40,784
signed by foreperson,
Kristen Jones.
569
00:41:40,785 --> 00:41:42,984
Is this your verdict,
so say you all?
570
00:41:42,985 --> 00:41:44,544
Yes.
571
00:41:44,545 --> 00:41:47,105
All right, Ms Clerk,
if you will call the jury.
572
00:41:47,106 --> 00:41:50,065
Miss Jones, you as foreperson
have returned for your verdict
573
00:41:50,066 --> 00:41:53,266
that the defendant is guilty
of first-degree murder.
574
00:41:53,267 --> 00:41:56,666
Is this your verdict and do you
still assent thereto? Yes.
575
00:41:56,667 --> 00:41:57,746
Thank you.
576
00:41:57,747 --> 00:42:00,867
Junior number one, Mr Harrison,
if you please stand.
577
00:42:00,868 --> 00:42:03,707
Mr Harrison, your foreperson
has returned for your verdict
578
00:42:03,708 --> 00:42:06,467
that the defendant is guilty
of first-degree murder.
579
00:42:06,468 --> 00:42:09,148
Is this your verdict
and do you still assent thereto?
580
00:42:09,149 --> 00:42:10,348
Yes. Thank you.
581
00:42:10,349 --> 00:42:13,709
Junior number two, Mr Higgins,
will you please stand?
582
00:42:13,710 --> 00:42:16,309
Mr Higgins, your foreperson
has returned for your verdict
583
00:42:16,310 --> 00:42:19,069
that the defendant is guilty
of first-degree murder.
584
00:42:19,070 --> 00:42:21,830
Is this in your verdict
and do you still assent thereto?
585
00:42:21,831 --> 00:42:23,470
Yes. Thank you.
586
00:42:23,471 --> 00:42:27,310
Juror number four, Miss Blackwell,
if you please stand.
587
00:42:27,311 --> 00:42:30,391
Miss Blackwell, your foreperson
has returned for you verdict
588
00:42:30,392 --> 00:42:33,071
that the defendant is guilty
of first-degree murder.
589
00:42:33,072 --> 00:42:36,152
Is this your verdict
and do you still assent thereto?
590
00:42:36,153 --> 00:42:37,552
Yes. Thank you.
591
00:42:37,553 --> 00:42:41,112
Juror number five,
will you please stand?
592
00:42:41,113 --> 00:42:44,593
Your foreperson has returned
for your verdict
593
00:42:44,594 --> 00:42:47,233
that the defendant is guilty of
first-degree murder.
594
00:42:47,234 --> 00:42:50,194
Is this your verdict
and do you still assent thereto?
595
00:42:50,195 --> 00:42:51,674
Yes. Thank you.
596
00:42:51,675 --> 00:42:53,954
Juror number 12, Mr Hall.
597
00:42:53,955 --> 00:42:56,755
Mr Hall, your foreperson
has returned for your verdict
598
00:42:56,756 --> 00:42:59,395
that the defendant is guilty
of first-degree murder.
599
00:42:59,396 --> 00:43:01,915
Is this your verdict
and do you still assent thereto?
600
00:43:01,916 --> 00:43:03,516
Yes. Thank you.
601
00:43:03,517 --> 00:43:06,436
All right. Ms Court Recorder
of the court finds
602
00:43:06,437 --> 00:43:11,357
a unanimous jury verdict, orders
that it be recorded by the clerk.
603
00:43:11,358 --> 00:43:15,118
Mr Deputy, you take the jury
to your assigned place.
604
00:43:37,682 --> 00:43:41,281
Mr Hardin, do you wish to be heard
at all? Mr Rudolf?
605
00:43:41,282 --> 00:43:44,242
Judge, I don't think that
the court has any discretion
606
00:43:44,243 --> 00:43:48,722
with regard to sentencing. Obviously
we will be filing notice of appeal.
607
00:43:48,723 --> 00:43:52,003
But with regard to sentencing,
we don't wish to be heard.
608
00:43:52,004 --> 00:43:55,123
All right, then, Mr Peterson,
if you'll stand where you are,
609
00:43:55,124 --> 00:43:58,444
is there anything you want to say
before the court imposes judgment?
610
00:43:58,445 --> 00:43:59,725
I would.
611
00:44:03,925 --> 00:44:06,086
It's OK. It's OK.
612
00:44:07,926 --> 00:44:09,326
It's OK.
613
00:44:10,406 --> 00:44:13,446
All right, then, Ms Clerk,
the defendant is imprisoned
614
00:44:13,447 --> 00:44:16,126
in the North Carolina
Department of Corrections
615
00:44:16,127 --> 00:44:19,848
for the remainder of his natural
life without the benefit of parole.
616
00:44:21,288 --> 00:44:24,367
Mr Rudolf, do you wish
to appeal at this time
617
00:44:24,368 --> 00:44:26,328
or are you going
to think about it?
618
00:44:26,329 --> 00:44:28,049
We'll appeal later. All right, sir.
619
00:45:07,935 --> 00:45:09,175
All stand.
620
00:45:58,382 --> 00:46:02,382
Walk him right across here. Second
door? Yes, sir. Go right ahead.
621
00:46:06,263 --> 00:46:09,103
Over here, come here, this way.
622
00:47:13,873 --> 00:47:17,472
If there's not at least
reasonable doubt in this case,
623
00:47:17,473 --> 00:47:19,632
at least reasonable doubt,
624
00:47:19,633 --> 00:47:22,914
then I don't understand
what I'm doing.
625
00:47:24,474 --> 00:47:28,554
And so, when the jury came in,
it didn't just disappoint me,
626
00:47:28,555 --> 00:47:33,075
it shook the foundations
of my beliefs.
627
00:47:34,236 --> 00:47:37,716
It shook the foundations of
my beliefs in the justice system...
628
00:47:39,636 --> 00:47:41,957
..in human beings...
629
00:47:43,597 --> 00:47:45,517
..in my own abilities...
630
00:47:47,277 --> 00:47:48,918
..in, um...
631
00:47:50,118 --> 00:47:51,638
..my judgment...
632
00:47:55,919 --> 00:47:57,638
..in my sense of reality.
633
00:47:57,639 --> 00:48:03,880
I mean, it didn't just surprise me,
it truly stunned me.
634
00:48:05,400 --> 00:48:10,280
It... it just blew me away
635
00:48:10,281 --> 00:48:13,161
emotionally and psychologically.
53412
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