Original subtitles

[Instrumental music]

[Music continues]

[Dramatic music]

[Gunshot]

[Music continues]

(Williams) 'Victim's name is bill Johns. Thirty four, salesman.'

shot after work as he was getting to his car to go home.

Leaves behind a wife and eleven month old baby.

I hear we have something on the sniper shooting.

We've already got a suspect in custody.

Richard Nelson, 45. Married, two kids.

Tell me it wasn't random.

Nothing like a random sniper shooting to panic the public.

Ex co-workers.

Eight months ago Nelson got fired and Johns got his job.

Love an up front motive.

You'll be ecstatic about this. Bullet came from a high end

sniper rifle called an air tooth.

- Nelson's? - Something of a gun collector

owns the only one registered in the county.

Claims it was stolen last year.

- Did he report it? - Never got around to it.

It's probably at the bottom of a pond somewhere.

Police are searching for it. Maybe we get lucky.

- Ballistics? - They uncovered the round

which is in pretty good shape. Just need to find a rifle.

- 'What else?' - That morning

witnesses saw Nelson parked in the back of the factory lot.

Ex co-workers say, he did that a lot since he lost his job.

Just sit there and watch.

- Recon. - What are these?

E-mails sent to bill Johns after Nelson was fired.

Ouch. If you're gonna threaten someone's life...

Never put it in writing.

How did we get them?

Victim's wife, Mrs. Johns, gave them to the police.

Annabeth, you talk to her.

We were friends. I was close to his wife.

Kim helped me a lot when our son was born.

I didn't know anything about babies.

Boys, they were complete mystery.

She's got two.

And when Richard Nelson got fired?

(Jackie) 'Everything changed.'

Richard accused bill of padding his sales figures.

Of forcing his clients to pre-order

in order to make his numbers look good.

Did bill do that?

Richard was bill's mentor.

Bill was just a better salesman.

He was... He was younger, he was more outgoing.

He had the gift of gab. My dad always said.

Charmed the birds out of the trees.

When did the hostile e-mails start?

Uh, couple of months after Richard lost his job.

He blamed your husband.

He was having trouble finding work.

And the family was really struggling.

Are you still in touch with him?

Not after the threats started.

But, yeah, you hear things.

A friend told me that Kim replaced her Rose bushes

with a vegetable garden.

She had to grow her own food?

And Joe had to drop out of junior college this semester

take a job, help support the family.

Joe is the oldest son?

Yeah, Artie is still in high school.

[Baby crying]

That's my son.

How old?

He will be a year next month.

Oh.

I have a daughter, 16 months.

- What's her name? - Haley.

That's Nick.

He is loud like his dad.

[Dramatic music]

What am I gonna do without him?

[Baby crying]

- Excuse me. - Sure.

[Baby crying]

No murder weapon, no witnesses.

Sheer speculation.

Based on a gun my client no longer possesses.

Right. It was stolen.

- Last spring. - No police report.

I figured it was gone for good.

What about insurance claim?

I let my home owner's lapse. I couldn't afford the premiums.

He has an alibi for the time of the shooting.

"Home with your wife."

Speaking of wives, Mrs. Johns gave us

the threatening e-mails you sent to Mr. Johns.

That was right after I was canned.

I was still pissed off.

Look, bill and I buried the hatchet weeks ago...

Please, not another word.

"Liar, cheat. You're the one who should've been fired.

"Congratulations, you destroyed my family.

You'll get yours."

'You'll need more than that'

to convince a jury Mr. Nelson's a murderer.

We know the weapon belonged to him.

No, the same "type" of gun is not the "same gun".

If there's only one in Indianapolis, I think we can.

You can't prove it if you don't find it.

And if you don't find it, what else do you have?

A history of antagonism between the two men. A motive.

I don't think we'll have any trouble convincing the jury.

If you're so sure, charge him.

We got 72 hours, we're in no rush.

A little cooperation could help him avoid the death penalty.

I didn't do it.

Okay.

You think about it, Mr. Nelson.

At least, you'll get to see your wife and kids on visiting day.

Which is a hell of a lot more than bill Johns gets to do.

Don't play that lethal injection card with us.

Who's playing? Cold blooded sniper shooting?

In this state, that's a slam dunk for death row.

[Dramatic music]

The Nelson's financial situation since he lost his job.

Bleak and getting bleaker.

Behind on property taxes and a month away

from defaulting on their mortgage.

According to the cops he only found work a month ago.

Making a fraction of what he made at erath.

- Doing what? - Selling franchises

for a fast food chain.

Selling franchises, that sounds lucrative.

- Ah, if you're good at it. - Nelson wasn't good at it?

Apparently not. These jobs are minimum wage plus commission.

If he made any commission, he hadn't deposited the checks.

Bank account is bone dry.

Minimum wage at his age must have been tough.

Have you talked to his new employers yet?

Next on my list. I was on my way to talk to his old boss.

- 'I'll let you know.' - Okay.

[Melancholic music]

- You okay? - Yeah.

'Gettin' axed after twenty years can't be easy.'

especially when you losin' out to a guy you trained.

Yeah, maybe he trained him too good.

Five quarters straight bill Johns

outsold Richard Nelson by 40 plus percent.

You ever hear Nelson accused Johns of fixing those numbers?

Sour grapes. Bill John was the best damn salesman I ever saw.

Brought in a lot more money than Nelson ever did.

Came time we had to downsize, it was a no-brainer.

You know anything about Nelson's new job?

I had heard rumors.

Fast food franchises.

Franchise? That's what he's telling people?

Couple of my guys saw him working behind the counter.

Chunky burger out on Raymond.

- When was this? - Couple of weeks ago.

- That's clear across town. - Makes sense, doesn't it?

Less likely to run into his friends and neighbors.

Ray, Nelson was working in the chunky burger on Raymond.

Uh-huh, behind the counter.

'Couldn't believe he was responsible'

'for that sniper thing. '

bill was real responsible. I even trusted him with the cash.

For one thing, he could count.

These kids..

- You're sort of a kid yourself. - I'm 25.

You know what he did before he came to work here?

Sales. It was on his application.

He did okay.

Pension and health care. What was he doin' here?

Times are tough, man. Specially for a dude his age.

I was happy to take him. Over qualified and eager to work.

You know what turn-over's like in the fast food industry?

I figured Nelson was stuck, so he'd stick.

You know what I mean?

So, he drives 25 miles to the job that pays him minimum wage.

How does that add up? Gas prices, the way they are.

- Made up in over time. - You had him working account?

Why put him on the grill when he can work

the point of purchase with almost no training.

- Guess it was bad idea though. - Why?

He freaked out the last day he worked here.

Just up and left in the middle of the shift.

- You know what happened? - Didn't see it.

Apparently he took offense of something some customer said.

Too bad. He was good.

Could've made manager in a year.

When was this exactly?

Same day that guy got shot.

How long do you keep your tapes?

Two weeks.

[Dramatic music]

I feel for the guy.

Hmm, it's a long, long way from a suit and tie

to a chunky burger hat and apron.

[Dramatic music]

They're laughing at him.

(Conlon) 'That one doesn't think it's funny.'

no. He looks embarrassed.

And surprised.

(Conlon) 'Is that one of Nelson's sons?'

the youngest one?

(Maureen) 'Artie.'

this happened that day.

Just hours before Nelson killed bill Johns.

Richard Nelson looks for work for months.

He finally lands a crummy minimum wage job.

His kid sees him workin' the counter

he's humiliated, he goes and gets his gun.

And kills the man he blames for ruining his life.

The time code on the tape might help make sense

of Nelson's cellphone records.

He called his wife right after he left chunky burger.

'Then a flurry of calls to his sons.'

first, Joe, then Artie.

Then all kinds of calls between the four of them all afternoon

both before and after the shooting.

I doubt they we're discussing his plans to kill bill Johns.

They might have been discussing his alibi.

Mrs. Nelson.

Maureen Scofield from the prosecutor's office.

- Yes? - Might I have a word with you?

- Do I have a choice? - Your husband called you

the day of the murder right after he quit his job.

I don't remember. Um, nothing important.

Right after he called you, you and he each called your sons.

- Artie and Joe. - That's right.

I needed them to come home to help me find our dog.

- Your dog? - Yeah. She was wandering.

It was getting dark. I was frantic.

That was the day Artie discovered

his father's new job he was trying to keep a secret.

He didn't want the boys to know.

- Did you know? - Hm.

It was the best thing he could find.

At his age, it's not easy, you know.

We have the encounter between your husband and son

on videotape. It must have been humiliating for both of them.

It was a bit of a shock for Artie.

But Richard's a grown man.

He can handle a couple of teenage boys laughing at him.

His way of handling it was to get his sniper rifle

and shoot the man he blamed for putting him behind that counter?

Richard was home with me when bill Johns got shot.

- Is that your story? - That's the truth.

Lying to me isn't gonna help your husband.

Would you excuse me?

I really need to get these groceries in the fridge.

Arthur Nelson.

Ed Williams, prosecutor's office.

I'm busy.

It's about your father's job at chunky burger

and what happened there the other day.

- Look, I gotta go. - We have the security tape.

We know your friends mocked your dad at the restaurant.

Just 'cause the chunky burger uniform's queer.

- What'd your dad say to you? - I don't remember.

You discover your father's baggin' burgers for a living

and you don't remember what you said to each other?

I said something like, "what're you doing here?"

He said, "what does it look like? I'm working."

- Told me to go home. - What happened after that?

I went home to look for our dog, Lola.

Were you with him then?

Yeah, met him home and started searching.

You were with him the whole time?

Till we found her.

- Then why all the phone calls? - Calls?

He tried calling you all afternoon.

So did you mother and your brother, Joe.

Is it a crime to make phone calls?

No, just doesn't make much sense

if you're with the person you're supposedly calling.

Your father wasn't with you, was he?

I guess we were looking for Lola in different places sometimes.

You just said you were together the whole time.

- Was he with you or not? - With me.

And when he wasn't, he called me.

- About looking for the dog. - Looking for the dog. Right.

So you packed up your tools and bolted out of here

in the middle of your shift 'cause your mom called?

Dad called.

Said I had to get home right away and help find the dog.

- There's no mystery. - No, there isn't.

In fact, it's transparent, plain as day.

How's that?

You all cooked up this lost dog story to give your dad an alibi.

- It's what happened. - My dad was unemployed once.

Two years. Never wanted my mom to work.

And she had to take a job baggin' groceries.

It nearly killed him.

Dad wasn't angry about the job.

Come on, I talked to the guy he worked for.

- He was half his age. - Well, maybe he liked the job.

If he liked it, then why'd he keep it a secret?

My dad didn't kill bill Johns.

Think about this dog story, Joe. 'Cause the next time we talk

about what happened that day it's gonna be under oath.

[Phone ringing]

Blackwell.

I'll be right down.

Police found your dad's gun.

Oh, yeah?

Rock quarry, half a mile from erath.

Witness saw a guy toss it there the night of the murder.

Must have been an hour after the shooting.

It wasn't my dad.

Well, police is gonna put him in the line-up.

If the witness picks him out..

Take your time. No rush.

Number three looks familiar but..

Satisfied?

Well, he looks, sort of like the man I saw.

But not quite.

Unable to make a positive ID, think we're done here.

- I'm sorry. - H-Hold on.

Number three looks familiar.

'Yeah, but..'

come on, how many bites of the apple

- are you gonna give her? - Hush. Familiar how?

He looks familiar but the man I saw was much younger.

- 'Younger than all these guys.' - Okay, we're done here.

Thank you.

I'd like to show you some pictures.

- A couple of six packs. - What're you fishing for?

(Conlan) 'A positive ID.'

witness saw a Joe Nelson tossing the gun.

Maybe we've been looking at the wrong Nelson all along.

The question is did he kill bill Johns

or was he just helping his father get rid of the evidence?

- Ballistics in crime lab. - Thanks, Denise.

Bullet from the victim and sniper rifle are a match.

Nelson's gun is the murder weapon.

- Closes that loophole. - 'Might just open another one.'

lab lifted three sets of prints off the gun.

Richard, Joe and Artie Nelson.

'Well they all had access to it.'

I'm surprised their mother's prints aren't on it.

Maybe we should be looking at all three nelsons.

You think they did it together?

We'd have to place the three of them at the scene.

Well, they all had cell phones, right?

All those calls after Artie saw his dad at the burger joint.

We could triangulate the calls to the nearest cell tower.

Get a location. We'll know exactly where they were.

Richard Nelson left work here and made his first call to Joe.

Where was Richard goin'?

'General direction of the erath factory.'

on his way to shoot bill Johns.

What about the two boys, Artie and Joe? Where'd they go?

'Joe Nelson left the auto shop and went the same direction.'

- 'towards the factory.' - Artie?

Calls placed to Artie went straight to voice mail.

Okay can you tell Artie was when he got those calls?

Now, that's interesting.

'All over town looks like initially'

'but the final cell tower hit for Artie Nelson'

'when your victim was shot'

same as the one for Richard and Joe.

(Conlon) 'So they were all in the same place at the same time.'

- generally speaking. - I hate that word, "generally."

All three Nelson men were at the crime scene

when bill Johns was shot with Richard Nelson's gun

and Richard Nelson's ammunition.

- At or near? - In the general vicinity.

If we had a witness who could place them at the scene.

If this were a drive-by and we didn't know

who pulled the trigger, we'd still charge

everyone in the car with murder.

I understand your "drive-by" analogy but your car

is like a 1000 feet wide in every direction.

All three of the nelsons were there. It was their gun

their ammo, the victim was someone they had motive to kill.

It doesn't matter which one did it.

They all aided and abetted the crime

they're all equally responsible for it.

If they were together but that is a supposition.

It's a very plausible assumption.

Supported by a plausible interpretation of the evidence.

Thank you.

Arrest Artie and Joe Nelson too.

We charge the three of them with the murder of bill Johns.

[Dramatic music]

All three defendants are charged

with the murder of William Johns.

- How do they plead? - Not guilty, your honor.

- You speak for all of them? - I do, your honor.

The defendants have waived any potential conflict

and I'll be representing all of them.

Very well. Miss chase, on the matter of bail?

The people request that bail be denied for all three defendants.

'Your honor, none of them has a criminal record'

has never posed a threat to the community

nor as the people well know the means or resources

to leave the jurisdiction and therefore pose no flight risk.

'We ask they be released on their recognizance.'

means or no means they conspired to murder a man

I think they're smart enough to figure out

- how to flee the jurisdiction. - Agreed.

As my father said, "all you need to jump bail

"are two good feet and one good head start."

Bail's denied. Defendants will be remanded.

[Intense music]

Audacious and over-reaching are the most polite words

I could use to describe this unbelievably coercive tactic.

There's nothing unbelievable or coercive about it.

All three Nelson men are equally guilty.

And I'm gonna give all three

the opportunity to tell the truth.

We're not interested.

Well maybe Mr. Nelson isn't interested.

Neither are Joe or Artie.

I'd like to talk to them anyway.

Don't waste your breath, they won't talk to you.

They're not interested in a plea?

They all steadfastly maintain their innocence.

And their ignorance of every aspect of this tragic affair.

They're not involved.

And you're barking up a whole forest of wrong trees.

At the precise moment that bill Johns was shot

Richard, Artie and Joe were at the scene

with Richard Nelson's weapon.

'You don't have them at the scene.'

you have their cell phones

pinging off a tower near the scene.

Oh, yes, the lost dog.

'Didn't live that far from the factory.'

you may not like the explanation but it's reasonable.

It's patently false. A blatant, bald-faced lie.

Call it what you want. They didn't do it.

An eye witness identified him.

She saw him ditching the gun in a quarry

a half hour after the murder occurred.

Allegedly. If she has her ID right.

Those glasses were kind of thick.

I have yet to hear anyone say that they saw

my clients shoot and kill anyone.

Not just any gun. The murder weapon.

And his prints were on it.

Well, Joe was hunting with his father, every year.

Don't you go hunting?

Did you in fact throw that gun away?

You're not to answer that question.

I'm not answering any of her questions.

We have video tape from the restaurant.

Evidence doesn't lie.

Over-zealous prosecutors have been known to.

Publically humiliated in front of his friends.

It's no big deal.

- Whatever. - Don't say anything.

I can easily imagine how that must have felt.

- So will a jury. - 'Good luck with that.'

everyone did it, everyone's responsible

everyone's going to jail, everyone should confess.

It's not gonna happen, miss chase.

Just doesn't work that way.

Hearing on the motion to dismiss murder charges against

Richard, Arthur and Joseph Nelson.

Mr. Bosco.

Miss chase asserts that the defendants acted

as a so called gang to aid and abet a murder.

This requires her to place all three of them together

at the crime scene when the murder occurred.

It's common basis for a murder charge.

The evidence doesn't support it. Cell towers in that area

have a range of 1000 feet in any direction.

They could've been up to 2000 feet away from each other

at the time. Out of sight or hearing one another.

Given the other evidence it's reasonable

to infer they were there together.

It's equally reasonable to infer that they weren't.

The murder was committed with the Nelson family's gun

the Nelson family's ammunition, they had motive

- means and opportunity. - Assertions that are irrelevant

whether the Nelson's were together or apart

when the shooting took place.

Now there's no factual basis to support the charge

that my clients worked together to aid and abet the murder.

Miss chase's gang theory simply does not apply.

These men were not in a car, this was not a drive-by...

Respectfully, your honor, a jury should decide this question.

But this is the essence of your case, miss chase, isn't it?

That the defendants acted together

and so should be treated equally as principles in the crime.

Yes, your honor.

You'll have my ruling in the morning.

You worried about how the judge will rule?

Oh, flip a coin. It could go either way.

What else is bothering you?

I'm concerned the way annabeth is handling this case

has as much to do with the fallout from Jack's death.

And what happened to the drunk driver who killed him.

She identifies with the victim's wife.

How could she not?

I think annabeth wants to make sure Jackie Johns

feels justice was served and not thwarted.

Is that how annabeth feels?

Trent bishop pled guilty, as you know.

Vehicular homicide. Plea agreement.

I've recommended seven years.

Last week the judge gave him four.

Why so lenient?

First offense, family man, upstanding citizen

just had a bad day.

He has no record of driving under the influence.

She must be sick about it.

She hasn't said anything about it. Not to me anyway.

If that happened to me

I'd be so angry I couldn't see straight.

See that's what I'm worried about.

Maureen, I endorsed the tack annabeth has taken

with the Nelson case.

Well, we'll see if the judge does.

The people's case is based on the theory

that the three defendants acted together

to aid and abet a murder.

I find that the evidence presented is insufficient

to support this claim.

Accordingly, defendant's motion to dismiss is granted.

- Your honor, without prejudice. - Of course, miss chase.

My advice to you is that you either pick the shooter

and make the best case you can against him

or drop the case altogether.

- Thank you, your honor. - Dismissed.

[Gavel bangs]

What happened? Why did he dismiss the charges?

It's complicated. It doesn't mean our case is over.

Richard Nelson threatened bill for months

and then he and his sons murdered him.

What is so complicated about that?

[Intense music]

New murder charges against the nelsons?

Horton only dismissed the charges

because of the gang theory.

Yeah, but you've also gotta pick the shooter.

Do you have new evidence that points to one of the nelsons?

- No there isn't. - Then what's the new theory?

Try each of them individually for the murder.

Each of them had the motive, means and opportunity

to shoot bill Johns.

You want three separate trials against them.

They acted together and murdered bill Johns

but if I can't try them together I'll try them apart.

This is your creative way around his ruling?

It's unconventional but it doesn't change the facts

or what I would argue to the juries.

- It's borderline. - 'It's over the line.'

a prosecutor down in Florida got called before the state bar

for trying something like this.

I know, but that prosecutor gave the different juries

different theories of the same crime, I won't.

But for that, don't you have to say each one was the shooter?

- That's impossible. - No, no.

Would I like to know who shot the gun? Yes.

But do I need to know that to make convictions? No.

We argue the same facts for each defendant.

Access to gun and ammo, motive and presence at the scene.

The cellphone data isn't definitive on that point.

No, but taken with everything else, it's persuasive.

This case's similar to any other case with multiple defendants.

Defense attorneys want separate trials in those cases

it doesn't work to our advantage, it works to theirs.

It's unorthodox but it's not wrong

to try them separately for what they did.

[Instrumental music]

Where exactly are you going with this case?

You seem to have a problem with what I'm doing.

I'm concerned about what's driving you.

- Justice. - For bill Johns?

- Or for Jack? - Jack?

Your husband.

This has nothing to do with Jack, Maureen.

- I'm just doing my job. - I know you're angry.

Four years for vehicular homicide.

Well I can't do anything about the sentence.

Okay.

My two cents, and I'm saying this as a friend

I think you're trying to get Jackie Johns

the justice you were denied.

I'm getting her the justice she deserves.

And this has nothing to do with me, okay?

[Intense music]

Pick a shooter, judge, that's what you told her to do.

She picked three.

- Miss chase? - Three defendants, your honor.

I don't know who the shooter is.

Three defendants in three separate trials?

The three contradictory theories?

(Judge) 'Not in my court.'

not contradictory theories, your honor.

Nothing the people say in one trial will contradict

what we say in any of the others.

Each case will show how each Nelson individually

had the motive, means and opportunity

to murder bill Johns without having to prove

which one of them pulled the trigger.

- I don't see the problem. - It's unethical.

Separate trials?

Defense lawyers do it all the time.

The end runs around your ruling, judge, not the normal way

to prosecute a crime committed by a group.

Unorthodox but not unethical. That said it's a fine line.

Step over it and I will throw out

all three cases, with prejudice this time.

Yes, your honor, I understand. Thank you.

Three trials could easily become a circus, miss chase.

I'll see that they don't, your honor.

Good. I don't like the circus.

All three trials in the same courtroom?

Makes it easier for everyone.

Our witnesses testify on the same day in all trials.

And judge horton presides over all three?

And the juries and defendants rotate in and out.

I'm still uncomfortable with this.

Obviously, one of them shot, Mr. Johns but we don't know

which one and whether the others even participated.

Maureen, if so, then the innocent one

should've told us when we offered them the deal.

They're lyin' because they think if they

tough it out they'll all get off.

And with bosco representing all three

we can't separate them to break that lie.

I'm with annabeth, we go with three trials.

For the record, I strongly disagree.

If you want out, I can replace you with marinelli or Kingsley.

I'm staying on the case.

Then help her draft her opening.

Richard Nelson lost his job, bill Johns kept his.

And for that Richard hated bill. And blamed him.

Richard Nelson blamed bill Johns for the taxes he couldn't pay

the house he might lose.

He blamed him for his son, Joe, having to drop out

of junior college to help support the family.

Joe Nelson blamed bill Johns for the stress his parents

were under, the fights at home over money.

Artie Nelson blamed bill Johns for ruining his father's life.

Turning him from a man he admired

'to a man his friends mocked.'

from a man who was proud of his job

to a man who hid what he did from his own children.

When you've heard the evidence, I'll ask that you render

the only verdict, you can based on that evidence.

Richard Nelson is guilty of murder.

Joe Nelson is guilty of murder.

Artie Nelson is guilty of murder.

[Intense music]

Jurors, I'm gonna ask you to do something very simple

in this trial.

Listen to what the prosecution will not and cannot say

about Artie Nelson.

That they cannot say Artie Nelson pulled the trigger

and shot bill Johns.

They can't say Joe Nelson shot bill Johns.

Because they don't know if he did.

Their case is weak, speculative and just plain wrong.

They will not and cannot say

Richard Nelson fired that bullet.

Did he own the gun? Yes.

But it was stolen a year before the crime.

Was he in the general vicinity at the time

the crime was committed? Yes.

But he was looking for the lost, beloved family dog.

This boy, Artie Nelson did not murder bill Johns.

This young man, Joe Nelson did not murder bill Johns.

Richard Nelson did not murder bill Johns.

[Intense music]

Then they'll start with your oath to tell the truth.

- Okay - and then I'll ask you

some questions about bill and your life together.

Okay.

We want jurors to know him and understand

how much his death hurt you.

Now, don't be afraid to ask for a recess

if you need it. This is gonna be really emotional for you.

Alright.

And then I'll ask you about the hostile e-mails Richard Nelson

sent to your husband.

Bosco will probably object to some of my questions

but don't worry about that. I'll deal with it.

Is he gonna attack me? Call me a liar?

You're the victim's widow.

Abusing you wouldn't help his case.

Okay.

Jackie, your testimony is our best direct evidence

of the Nelson's motives for killing bill.

Right let's get started then.

Okay.

Richard said bill faked the sales figures

just before their boss decided who to let go and who to keep.

How did bill feel about that accusation?

It wasn't true, he felt horrible, sick and then scared.

- Scared of what? - Of Richard.

Richard Nelson, the defendant?

- Richard threatened him. - He threatened your husband?

- How? - He wrote bill e-mails.

He blamed him for getting fired.

(Jackie) 'He said he'd get him back.'

what did bill think Richard would do?

Bill told me that he thought Richard wanted to kill him.

He took the threat seriously?

- Yes. - And did you?

Yes.

- And look at what happened? - Objection.

(Judge) 'Sustained'.

No further questions, your honor.

Good afternoon, Mrs. Johns. I'm sorry for your loss.

And that you have to be here today to discuss it.

I'd like to hear more about these e-mails.

Had you actually seen these e-mails before bill was killed?

After he was killed.

I looked for them on his computer and I printed them out.

- Then what? - I gave 'em to the police.

Did you find any other e-mails from Richard on bill's computer?

Yes. There were a lot of them. About business mostly.

What happened to those?

All the e-mails Richard ever sent to bill

were on the computer that I gave to the police.

Did you delete any e-mails

before you turned it over to the police?

No. I don't think so.

Don't you know?

Not intentionally, if I inadvertently..

Did you or did you not delete any e-mails

from your husband's computer?

No. I don't think I deleted anything.

'Let me refresh your memory.'

recognize it? You deleted this one didn't you?

Objection, your honor, we're unaware of this evidence.

We obtained it this morning

from Mr. Johns' Internet service provider.

That doesn't excuse the defense

from following proper rules of discovery.

(Bosco) 'Impeachment evidence, judge.'

an e-mail Richard Nelson sent bill Johns

months after the so-called threatening e-mails.

The witness deleted this and seven other such friendly

dare I say, cordial e-mails from Mr. Johns' computer.

We'd like an opportunity to review this evidence.

Lemme see it?

I'll allow it. You may read it, Mrs. Johns.

[Instrumental music]

"Bill, it was a competition and you won.

"And I stomped off the field like an angry kid.

"Let's grab coffee or a beer when you have a chance.

"Miss you buddy. Richard."

Your husband replied to this message, didn't he?

Agreed to meet Richard for a drink, didn't he?

- I don't know. - Of course you do.

You deleted his response saying just that.

"Dear Richard, tomorrow at nine, the daily grind

"look forward to seeing you. Bill."

Hardly the Hatfield's and McCoy's, is it?

Richard and bill had reconciled, hadn't they?

I didn't believe that. I still don't.

He killed my husband.

You hid evidence of this reconciliation

from the police and from this court.

You're a liar, Mrs. Johns.

[Intense music]

We could've dealt with those e-mails if you'd told us.

You jeopardized all three cases.

If I told you, you might've not charged the nelsons.

- Let me decide that. - I didn't know they'd find 'em.

A trial isn't a game of hide and seek.

You've basically perjured yourself.

Did you hear the part about the whole truth?

- Will they be acquitted? - Should they be?

The question is what else haven't you told us?

You know everything, now. I'm sorry.

[Intense music]

Now Jackie can't testify in their trials.

So, what was Nelson doing that day?

Remember that first interview you had with him

'before bosco shut him up?'

yeah, Nelson said they'd buried the hatchet.

What if he was trying to save bill?

From one of his sons?

- Right. But which one? - I don't know.

And as long as they won't to talk to us.

We could go back to them with a plea.

We've already tried that.

Conlon talked to Richard Nelson but he never talked to the boys.

They might listen to him.

- What're you offering? - Fifteen years for the shooter.

(James) 'If the others can convince me they weren't involved'

- suspended sentences. - It's fair offer, Richard.

We reject it.

This isn't the way to protect your family, Mr. Nelson.

It's a guaranteed way to put them in jail.

Mr. Bosco says that Jackie Johns won't even be allowed to testify

at my son's trials.

That doesn't mean they'll be acquitted.

I think it does. We'll see about that, I guess.

Jackie Johns isn't the only lying wife, Mr. Nelson.

Your wife is lying too and she'll have to take the stand.

It's the only way you'll get your alibi into evidence.

- So? - So, if we prove she's lying

you're all going to prison.

[Dramatic music]

We made our decision.

A lost dog?

Lola.

Why didn't you tell the police about Lola

when they first questioned you?

I don't remember what I said.

I can read you the notes if you like.

You told them Richard was at home with you.

- If you say so. - But we know he wasn't.

- No. - Then why did you say he was?

I was scared.

You lied because you were scared?

I guess so, yes.

Scared to tell the police your husband

was looking for a lost dog?

Scared because they were

accusing Richard of killing bill.

Police investigating a murder don't usually give information

to the suspect's wife, Mrs. Nelson.

I'm sure that's what they said.

The police didn't tell you bill Johns was dead.

You already knew. That's why you were scared.

That's why you lied. You already knew.

- 'Your honor.' - Is that a question, Ms. Chase?

How did you know that, Mrs. Nelson?

You were protecting your family, right?

That's what wives and families do.

Protect each other from outsiders.

Yes.

That's what Mrs. Johns tried to do

when she didn't tell us about the friendly e-mails

between her husband and yours. How they'd reconciled.

That's what you're trying to do right now. Protect your family.

I don't know.

I'm not asking you to tell the truth

because it's the right thing to do, Mrs. Nelson.

I'm asking you to protect your family.

Lying isn't gonna keep your family out of jail.

Your honor.

Finish up with this witness, miss chase.

I'm finished, your honor.

[Intense music]

- Mr. Conlan. - Mr. Bosco?

Nelsons wanna take the deal.

Really? What changed their minds?

Miss chase's cross examination.

Richard now concedes Kim's alibi...

Was fabricated?

It is likely to be unpersuasive with the juries.

Physical evidence being as it is.

They realize now, they won't all be acquitted.

I'd say that's a fair analysis.

I'll set up the meeting for this afternoon.

- Good, I'll tell 'em. - 'One thing first.'

who's the shooter?

I took my dad's gun and drove down to erath.

I snuck in the back of the lot and waited till it got dark.

Mr. Johns came out of the building

walked to his car and... And I shot him.

My dad and brother got there right after that.

I wanted to turn myself in right then but they wouldn't let me.

My brother took the gun and my dad took me home.

'They were just trying to help me.'

please don't punish them.

Under the terms of your agreement, you plead guilty

to the crime of voluntary manslaughter.

Yes.

Under the terms of this agreement you will serve

a sentence in state prison of no less than 15 years.

- Is that correct? - Yes.

Is there anything further you'd like to say, young man

before I enter judgment.

I know what I did was wrong.

Mr. Johns didn't deserve to die.

And I'm really sorry to Mrs. Johns.

And her baby.

And to everyone in my family too.

"The court hereby accepts the defendant's plea of guilty

"and enters judgment as set forth in the plea agreement."

The defendant is remanded to the custody

of the department of corrections.

[Gavel bangs]

[Melancholic music]

[Intense music]

Don't you have a baby to get home to?

Why're you still here?

I just talked to conlon.

Trent bishop has filed his notice of appeal.

I expected that. Pretty much automatic.

Conlon said he told the Attorney General

it was personal to our office since it involved your husband.

And the ag agreed to let us handle the appeal.

- Us? - Me. I take the lead.

At the sentencing, my stomach was in knots.

I had to force myself to go.

I thought I could get some closure.

That's what everybody said.

Bishop had agreed to plead to seven which I didn't think

was nearly enough but... Best we could do.

And bishop walks up..

And says he's sorry. That just makes me feel worse.

And then I hear the judge say four years.

Four years, for taking my husband's life.

I was stunned.

Closure?

It felt like somebody ripped the scab off

and kicked me in the stomach.

It felt like all my hard work, all the healing I had done

right back to square one.

Why didn't you come to me?

I guess I just thought I could tough it out.

That would mean a lot to me, Maureen.

I'd sleep better at night knowing you were handling it.

Me too.

I can keep you posted every step of the way.

I can brief you once a month.

I can let you know when it's all done.

Whatever works for you.

- Every painful detail. - Okay.

Thank you.

I'll see you tomorrow.

[Instrumental music]

(Annabeth narrating) Stay tuned for scenes from our next episode.

[Theme music]