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1
00:00:02,585 --> 00:00:04,796
[Dramatic music]
2
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(Female #1) 'Will the
defendant please rise?'
3
00:00:30,822 --> 00:00:32,866
'in the matter of
the state of Indiana'
4
00:00:32,907 --> 00:00:35,744
versus David Hopkins
on the charge of murder
5
00:00:35,785 --> 00:00:37,579
the jury finds the defendant
6
00:00:37,620 --> 00:00:39,873
'not guilty.'
7
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[sobbing]
8
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Thank you.
9
00:00:51,301 --> 00:00:52,802
[Sobbing continues]
10
00:01:05,315 --> 00:01:07,692
[Dramatic music]
11
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[Gunshots]
12
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[Clamoring]
13
00:01:28,505 --> 00:01:30,924
(Male #1) 'Stay down.'
14
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[indistinct]
15
00:01:39,349 --> 00:01:41,559
Get help!
16
00:01:45,605 --> 00:01:48,858
No, we're still trying to find
out what the hell happened.
17
00:01:48,900 --> 00:01:50,068
I'll let you know.
18
00:01:50,110 --> 00:01:53,238
Doug hellman is listed
serious, Kelly joffe is critical.
19
00:01:53,279 --> 00:01:54,507
Annabeth's going
to the hospital.
20
00:01:54,531 --> 00:01:56,331
- She and joffe were classmates?
- Law school.
21
00:01:56,366 --> 00:01:58,201
You know how close
annabeth and hellman are.
22
00:01:58,243 --> 00:02:00,662
- What about the shooter?
- Bob Peters, already arrested.
23
00:02:00,703 --> 00:02:04,082
I was afraid he didn't like the
verdict, he got himself a gun.
24
00:02:04,124 --> 00:02:06,709
What'd you do if your
son-in-law killed your daughter
25
00:02:06,751 --> 00:02:08,086
and the jury let him walk?
26
00:02:08,128 --> 00:02:11,089
I'd be tempted to shoot
him and his lawyers.
27
00:02:11,131 --> 00:02:13,007
- This mess is our fault.
- How so?
28
00:02:13,049 --> 00:02:16,845
If we'd convicted Hopkins, none
of this would have happened.
29
00:02:21,599 --> 00:02:24,352
Excuse me, Doug
hellman and Kelly joffe?
30
00:02:24,394 --> 00:02:25,436
Are you family?
31
00:02:25,478 --> 00:02:27,272
The prosecuting
attorney's office.
32
00:02:27,313 --> 00:02:29,315
Mr. Hellman just
got out of surgery.
33
00:02:29,357 --> 00:02:30,650
He's in recovery, second floor.
34
00:02:30,692 --> 00:02:32,902
- How's he doing?
- The surgery went well.
35
00:02:32,944 --> 00:02:35,113
- He's stable.
- Okay.
36
00:02:35,155 --> 00:02:36,948
And Kelly joffe?
37
00:02:36,990 --> 00:02:40,160
They're still working on her.
38
00:02:40,201 --> 00:02:41,786
Annabeth?
39
00:02:41,828 --> 00:02:44,038
Mrs. Joffe.
40
00:02:45,123 --> 00:02:45,957
How is she?
41
00:02:45,999 --> 00:02:48,668
We got here as soon as we could.
42
00:02:48,710 --> 00:02:50,545
They told us..
43
00:02:50,587 --> 00:02:52,505
They told us it's touch and go.
44
00:02:52,547 --> 00:02:54,966
How could this happen? Can
somebody explain this to me?
45
00:02:55,008 --> 00:02:58,469
I am so sorry. I'm gonna find
out everything I can. I promise.
46
00:02:58,511 --> 00:03:00,430
We don't have any
news on Mr. Hellman.
47
00:03:00,471 --> 00:03:04,142
- They said he's stable.
- 'Oh, thank goodness for that.'
48
00:03:08,396 --> 00:03:10,231
oh, god.
49
00:03:10,273 --> 00:03:12,525
Oh, no. Oh, no.
50
00:03:47,435 --> 00:03:49,395
Annabeth.
51
00:03:49,437 --> 00:03:51,731
You heard about Kelly?
52
00:03:55,652 --> 00:03:57,195
How's hellman? Have you heard?
53
00:03:57,237 --> 00:03:59,072
I'm just waiting to see him.
54
00:03:59,113 --> 00:04:02,700
I feel responsible for Kelly's..
55
00:04:02,742 --> 00:04:04,035
What happened to her.
56
00:04:04,077 --> 00:04:07,080
John, you didn't shoot
her. Bob Peters did.
57
00:04:07,121 --> 00:04:08,081
I lost the case.
58
00:04:08,122 --> 00:04:12,585
If I hadn't..
59
00:04:12,627 --> 00:04:14,587
Is he in custody yet, Peters?
60
00:04:14,629 --> 00:04:17,048
Suicide watch at county.
61
00:04:17,090 --> 00:04:20,218
Excuse me, Doug hellman's awake.
62
00:04:20,260 --> 00:04:22,553
'One at a time, please.'
63
00:04:24,430 --> 00:04:26,140
you go.
64
00:04:35,275 --> 00:04:37,485
Annabeth.
65
00:04:39,612 --> 00:04:42,532
Hi. Would you excuse us, please?
66
00:04:42,573 --> 00:04:44,158
Thank you.
67
00:04:48,955 --> 00:04:51,416
[Sighing]
68
00:04:51,457 --> 00:04:52,709
You gonna be okay?
69
00:04:52,750 --> 00:04:54,168
Oh, yeah. I just..
70
00:04:54,210 --> 00:04:58,006
Always wanted to know
what it felt like to be shot.
71
00:04:58,047 --> 00:04:59,465
Now I know.
72
00:04:59,507 --> 00:05:01,050
Yeah.
73
00:05:01,092 --> 00:05:03,386
It hurts.
74
00:05:03,428 --> 00:05:05,096
I don't recommend it.
75
00:05:05,138 --> 00:05:08,182
Well, I guess if you
could joke about it..
76
00:05:10,476 --> 00:05:13,021
How's Kelly?
77
00:05:16,399 --> 00:05:18,026
I knew it.
78
00:05:18,067 --> 00:05:20,528
'I knew it. God!'
79
00:05:22,071 --> 00:05:25,158
if I could have just done
something, you know?
80
00:05:25,199 --> 00:05:28,328
I was standing on the
steps and next thing I know
81
00:05:28,369 --> 00:05:30,371
she's on the ground..
82
00:05:30,413 --> 00:05:31,873
In a puddle of blood.
83
00:05:31,914 --> 00:05:35,626
Doug, there's nothing
you could have done.
84
00:05:35,668 --> 00:05:39,172
I don't know.
85
00:05:39,213 --> 00:05:43,051
I just feel so helpless.
86
00:05:43,092 --> 00:05:45,553
I don't know what to
say to Kelly's parents.
87
00:05:45,595 --> 00:05:49,557
It's okay if you don't have
all the answers, annabeth.
88
00:05:55,271 --> 00:05:58,816
(Doug on TV) 'The jury has heard
the evidence and rendered their verdict'
89
00:05:58,858 --> 00:06:02,111
'so now, my client wants
to get back to his life.'
90
00:06:02,153 --> 00:06:03,571
[gunshots]
91
00:06:03,613 --> 00:06:05,490
[Doug grunting]
92
00:06:05,531 --> 00:06:07,450
Clamoring
93
00:06:09,535 --> 00:06:12,038
I wanna lead the
prosecution of Bob Peters.
94
00:06:12,080 --> 00:06:15,166
Death penalty, high burden of
proofs, sympathetic defendant.
95
00:06:15,208 --> 00:06:17,627
Peters wanted to kill Hopkins.
Intent follows the bullet.
96
00:06:17,668 --> 00:06:21,005
That he killed a bystander and
not the man he was aiming at
97
00:06:21,047 --> 00:06:23,466
makes our argument for the
death penalty even stronger.
98
00:06:23,508 --> 00:06:25,426
What is sympathetic
about recklessly shooting
99
00:06:25,468 --> 00:06:26,677
two innocent people?
100
00:06:26,719 --> 00:06:28,096
Peters deserves
the death penalty.
101
00:06:28,137 --> 00:06:30,515
You need to be up to
speed on the Hopkins case.
102
00:06:30,556 --> 00:06:33,726
Last summer, Hopkins pushed
his wife off a cliff on a trip.
103
00:06:33,768 --> 00:06:35,895
The marriage was
troubled, financial difficulties
104
00:06:35,937 --> 00:06:38,398
infidelity, et cetera. We
had a really strong case.
105
00:06:38,439 --> 00:06:40,191
I don't know why
the jury acquitted him.
106
00:06:40,233 --> 00:06:43,319
Bob decided to get the justice
that was denied to his daughter.
107
00:06:43,361 --> 00:06:46,489
He hasn't been arraigned and
his lawyer's playing him as a victim
108
00:06:46,531 --> 00:06:48,491
a grieving parent provoked
by an unfair verdict.
109
00:06:48,533 --> 00:06:50,701
Angling for a lesser charge,
positioning themselves
110
00:06:50,743 --> 00:06:52,328
for a manslaughter plea.
111
00:06:52,370 --> 00:06:55,957
We need to fire back, vigilante
justice won't be tolerated.
112
00:06:55,998 --> 00:06:57,083
- I'm ready.
- Good.
113
00:06:57,125 --> 00:06:58,334
Maureen will be your second.
114
00:06:58,376 --> 00:07:00,795
- 'Who's representing Peters?'
- Hanna turley.
115
00:07:00,837 --> 00:07:03,589
Vocal opponent of the death
penalty. She's gonna come at us.
116
00:07:03,631 --> 00:07:07,552
We have as much of a
soapbox to stand on as she does.
117
00:07:07,593 --> 00:07:10,012
- Okay.
- 'Hey.'
118
00:07:10,054 --> 00:07:12,056
sure you're not
too close to this?
119
00:07:12,098 --> 00:07:14,183
We need to make an
example of this guy.
120
00:07:14,225 --> 00:07:16,811
What happened to Kelly and
Doug could've happened to us.
121
00:07:16,853 --> 00:07:19,689
Since when is it a bad
thing for a prosecutor
122
00:07:19,730 --> 00:07:22,024
to care about a victim?
123
00:07:31,200 --> 00:07:32,845
Defendant is charged
with one count of murder
124
00:07:32,869 --> 00:07:34,054
two counts of
attempted murder...
125
00:07:34,078 --> 00:07:36,622
Not guilty your honor,
we ask the defendant
126
00:07:36,664 --> 00:07:38,082
be released on bond.
127
00:07:38,124 --> 00:07:40,376
- Miss chase?
- The people oppose bail.
128
00:07:40,418 --> 00:07:43,463
We've filed notice to seek
the death penalty, your honor.
129
00:07:43,504 --> 00:07:46,090
This man isn't going
anywhere, Ms. Turley.
130
00:07:46,132 --> 00:07:48,092
Bail is denied.
131
00:07:48,134 --> 00:07:49,594
[Sighing]
132
00:07:49,635 --> 00:07:53,598
I'm very sorry. I'll be down
to you in an hour, okay?
133
00:07:58,644 --> 00:08:00,646
- Annabeth.
- Hanna.
134
00:08:00,688 --> 00:08:03,065
I hope your office isn't
playing to the cheap seats.
135
00:08:03,107 --> 00:08:06,486
Bob gunned down two attorneys
on the steps of this very court.
136
00:08:06,527 --> 00:08:09,113
The whole system, every
attorney, judge and clerk
137
00:08:09,155 --> 00:08:11,782
will want to see him receive
the maximum punishment.
138
00:08:11,824 --> 00:08:13,659
We'll have support
for the death penalty.
139
00:08:13,701 --> 00:08:16,704
Or a jury could decide
that what my client did
140
00:08:16,746 --> 00:08:20,041
if not justified, was
certainly understandable.
141
00:08:20,082 --> 00:08:21,083
Understandable?
142
00:08:21,125 --> 00:08:22,710
They'll put themselves
in his shoes.
143
00:08:22,752 --> 00:08:26,005
A grieving father,
screwed by the system.
144
00:08:26,047 --> 00:08:28,216
Stop bluffing. Your
office is overreaching.
145
00:08:28,257 --> 00:08:31,010
Give me a plea offer I
can take to my client.
146
00:08:31,052 --> 00:08:33,471
- Voluntary manslaughter.
- No plea.
147
00:08:33,513 --> 00:08:35,223
- Annabeth...
- We are not posturing.
148
00:08:35,264 --> 00:08:38,601
We intend to pursue the
death penalty to the end.
149
00:08:38,643 --> 00:08:41,437
Well, um, maybe you'll
change your mind when you read
150
00:08:41,479 --> 00:08:42,813
our expert psych evaluation on
151
00:08:42,855 --> 00:08:45,733
Mr. Peters' state of mind
at the time of the shootings.
152
00:08:45,775 --> 00:08:47,669
If you're mounting some
sort of affirmative defense
153
00:08:47,693 --> 00:08:50,655
we're entitled to have our
own expert evaluate him, too.
154
00:08:50,696 --> 00:08:52,573
The sooner, the better.
155
00:08:52,615 --> 00:08:54,951
According to police, Peters'
car was parked over there.
156
00:08:54,992 --> 00:08:56,911
A reporter who followed
him from the courtroom
157
00:08:56,953 --> 00:08:59,455
told police Peters went to
his car, removed something
158
00:08:59,497 --> 00:09:01,749
from it and put
it in his pocket.
159
00:09:01,791 --> 00:09:03,000
The murder weapon.
160
00:09:03,042 --> 00:09:04,627
Did he come straight
to the courthouse?
161
00:09:04,669 --> 00:09:08,756
The reporter said he stood
by his car about ten minutes.
162
00:09:08,798 --> 00:09:09,757
Hmm.
163
00:09:09,799 --> 00:09:12,009
Plenty of time to
think about the crime.
164
00:09:12,051 --> 00:09:14,178
Hellman and joffe started
their press conference.
165
00:09:14,220 --> 00:09:16,138
(Ed) Peters came up
and commenced firing.
166
00:09:16,180 --> 00:09:17,682
How soon was that
after the verdict?
167
00:09:17,723 --> 00:09:21,394
Half hour, give or take. The
verdict was read at 9:17 A.M.
168
00:09:21,435 --> 00:09:23,688
- 'Shooting occurred at 9:51.'
- That's good for us.
169
00:09:23,729 --> 00:09:26,941
To get the death penalty,
not only do we have to prove
170
00:09:26,983 --> 00:09:29,610
he intended on killing,
but that he lay in wait.
171
00:09:29,652 --> 00:09:31,904
It's about as
cold-blooded as it gets.
172
00:09:31,946 --> 00:09:34,365
Only problem is,
he couldn't aim.
173
00:09:38,035 --> 00:09:41,289
[Upbeat music]
174
00:09:43,332 --> 00:09:45,376
- You read the psych work-up?
- I did.
175
00:09:45,418 --> 00:09:47,962
Our expert's opinion,
the stress of the moment
176
00:09:48,004 --> 00:09:49,547
his judgment was impaired.
177
00:09:49,589 --> 00:09:52,758
This does not rise to the
level of murder, annabeth
178
00:09:52,800 --> 00:09:54,218
much less the death penalty.
179
00:09:54,260 --> 00:09:57,430
Let's see what
Dr. Peron has to say.
180
00:09:57,471 --> 00:10:00,349
(Bob on TV) 'Her name
was Barbara sue Peters'
181
00:10:00,391 --> 00:10:04,687
'and yes, David
Hopkins killed her.'
182
00:10:04,729 --> 00:10:07,523
of course he did,
no doubt in my mind.
183
00:10:07,565 --> 00:10:09,233
The jury saw it differently.
184
00:10:09,275 --> 00:10:12,987
That's because these lawyers
can say anything they want.
185
00:10:13,029 --> 00:10:15,781
Twist the facts around,
until the son of a bitch
186
00:10:15,823 --> 00:10:18,492
seems like prince charming.
187
00:10:18,534 --> 00:10:21,746
Tell me more about what
happened after you heard the verdict.
188
00:10:21,787 --> 00:10:22,955
How you felt.
189
00:10:22,997 --> 00:10:27,460
I saw David Hopkins hug his
two lawyers, and that was it.
190
00:10:27,501 --> 00:10:31,380
I went to the car, got the gun
and waited for him to come out.
191
00:10:31,422 --> 00:10:33,924
- 'How long did you wait?'
- 'Until I saw him.'
192
00:10:33,966 --> 00:10:36,510
I don't know how long it was.
193
00:10:36,552 --> 00:10:40,389
What were you
thinking as you waited?
194
00:10:40,431 --> 00:10:42,016
About Barbara.
195
00:10:42,058 --> 00:10:45,102
How much I loved and missed her.
196
00:10:45,144 --> 00:10:47,647
And how Hopkins was
just going to walk away
197
00:10:47,688 --> 00:10:49,732
from this whole thing.
198
00:10:49,774 --> 00:10:52,151
Somebody had to make him pay.
199
00:10:53,653 --> 00:10:56,947
How did you feel about
Mr. Hellman and Ms. Joffe?
200
00:10:56,989 --> 00:10:59,492
I hated them for
getting Hopkins off.
201
00:10:59,533 --> 00:11:04,789
For twisting my words and
lying to the jury about Barbara.
202
00:11:06,248 --> 00:11:09,126
Did you think about
shooting them, too?
203
00:11:09,168 --> 00:11:10,711
No.
204
00:11:12,004 --> 00:11:13,422
My hands were shaking
205
00:11:13,464 --> 00:11:15,966
and I already told you I
was aiming at Hopkins.
206
00:11:16,008 --> 00:11:19,804
But, after the first shot,
you fired two more times.
207
00:11:19,845 --> 00:11:20,805
Why?
208
00:11:20,846 --> 00:11:23,099
David Hopkins was still alive.
209
00:11:23,140 --> 00:11:27,978
And I wanted him dead for
what he did to my little girl.
210
00:11:28,020 --> 00:11:30,314
What happened next?
211
00:11:31,190 --> 00:11:36,278
That lady lawyer fell.
I couldn't believe it.
212
00:11:36,320 --> 00:11:38,781
It was a terrible,
terrible mistake
213
00:11:38,823 --> 00:11:42,660
and I wish I could take it back.
214
00:11:42,702 --> 00:11:43,911
I'm sorry.
215
00:11:43,953 --> 00:11:47,832
And I wish to god
I could take it back.
216
00:11:49,208 --> 00:11:51,544
He is genuinely remorseful
about what he did.
217
00:11:51,585 --> 00:11:54,588
Genuinely sorry he
didn't kill David Hopkins.
218
00:11:54,630 --> 00:11:56,048
- It's still murder.
- Manslaughter.
219
00:11:56,090 --> 00:11:58,092
Sudden heat upon
hearing the not guilty verdict.
220
00:11:58,134 --> 00:12:00,845
Sudden heat? He bought the gun
three weeks before the shooting.
221
00:12:00,886 --> 00:12:03,973
And brought it for the express
purpose of killing Hopkins.
222
00:12:04,014 --> 00:12:06,767
He's going to be very
good on the stand.
223
00:12:06,809 --> 00:12:08,769
And the reasons
he picked up the gun
224
00:12:08,811 --> 00:12:10,396
might strike a chord
with some people.
225
00:12:10,438 --> 00:12:13,315
So might the fact that he
knew what he was doing.
226
00:12:13,357 --> 00:12:15,860
He intended to
kill David Hopkins.
227
00:12:15,901 --> 00:12:19,405
I had no idea Bob
was going to do that.
228
00:12:19,447 --> 00:12:22,241
My husband is not a violent man.
229
00:12:23,242 --> 00:12:26,704
Did he ever say what he would
do if Hopkins was acquitted?
230
00:12:26,746 --> 00:12:30,207
We didn't talk
much about the trial.
231
00:12:30,249 --> 00:12:32,960
We just tried to get through it.
232
00:12:33,002 --> 00:12:35,004
We thought that
with all the evidence
233
00:12:35,045 --> 00:12:37,214
David was bound to be convicted.
234
00:12:37,256 --> 00:12:41,260
And Mr. Marinelli kept telling
us what a strong case he had.
235
00:12:41,302 --> 00:12:45,264
And then, everyday, we
sat and watched while that..
236
00:12:46,348 --> 00:12:48,893
Lawyer, Mr. Hellman..
237
00:12:49,769 --> 00:12:52,271
Punched holes in it.
238
00:12:52,313 --> 00:12:54,315
How did your
husband react to that?
239
00:12:54,356 --> 00:12:57,151
Watching the case go south.
240
00:12:57,193 --> 00:13:00,446
The night before the verdict..
241
00:13:00,488 --> 00:13:02,615
He had a drink.
242
00:13:02,656 --> 00:13:03,866
[Dramatic music]
243
00:13:03,908 --> 00:13:07,286
20 years sober, down the tubes.
244
00:13:07,328 --> 00:13:11,332
You know, he blamed
himself for this whole thing.
245
00:13:11,373 --> 00:13:15,211
He worked with David, he
introduced him to Barbara
246
00:13:15,252 --> 00:13:17,588
'at a company picnic.'
247
00:13:18,464 --> 00:13:21,467
she was our only child.
248
00:13:21,509 --> 00:13:24,512
And that man took her from us.
249
00:13:27,097 --> 00:13:28,641
"Motion to access case files
250
00:13:28,682 --> 00:13:30,768
"in state of Indiana
versus David Hopkins.
251
00:13:30,810 --> 00:13:32,895
"Motion to depose
John marinelli?"
252
00:13:32,937 --> 00:13:35,564
You wanna depose the
prosecutor in the Hopkins case
253
00:13:35,606 --> 00:13:36,690
and his work products?
254
00:13:36,732 --> 00:13:39,026
Files, notes, everything
relating to the case.
255
00:13:39,068 --> 00:13:40,962
Mr. Marinelli's work
product is not discoverable.
256
00:13:40,986 --> 00:13:44,907
It is, if a judge says it is. Its
at the heart of my defense.
257
00:13:44,949 --> 00:13:47,993
The thing that matters in the
Hopkins case is the verdict.
258
00:13:48,035 --> 00:13:49,370
That was your client's motive.
259
00:13:49,411 --> 00:13:53,457
The prosecutor's constant
assurances to Bob and Maxine
260
00:13:53,499 --> 00:13:56,293
that Hopkins would be
convicted is certainly relevant.
261
00:13:56,335 --> 00:13:58,546
It laid the foundation for
what subsequently happened.
262
00:13:58,587 --> 00:14:01,924
How this office tried the
Hopkins case is not at issue.
263
00:14:01,966 --> 00:14:03,092
It is now!
264
00:14:03,133 --> 00:14:05,719
The prosecutor gave Bob
Peters unreasonable hope
265
00:14:05,761 --> 00:14:08,681
about the verdict, and the
acquittal traumatized Bob Peters
266
00:14:08,722 --> 00:14:12,810
not because he's violent, but
because marinelli misled him.
267
00:14:12,852 --> 00:14:14,103
Misled him how exactly?
268
00:14:14,144 --> 00:14:16,272
I need the work
product to answer that.
269
00:14:16,313 --> 00:14:17,481
Let me get this straight.
270
00:14:17,523 --> 00:14:19,358
Even though Peters
pulled the trigger
271
00:14:19,400 --> 00:14:21,402
marinelli and our
office are responsible
272
00:14:21,443 --> 00:14:23,153
for hellman being
shot and joffe dying?
273
00:14:23,195 --> 00:14:26,365
You know what? You can distort
my argument anyway you want.
274
00:14:26,407 --> 00:14:28,450
Let's see what a judge says.
275
00:14:32,454 --> 00:14:34,582
Turley wants to put
this office on trial?
276
00:14:34,623 --> 00:14:36,709
She's claiming marinelli
mishandled the case
277
00:14:36,750 --> 00:14:38,460
and misled Mr. and Mrs. Peters.
278
00:14:38,502 --> 00:14:40,045
- Misled?
- Gave them false hope.
279
00:14:40,087 --> 00:14:42,715
Assured them Hopkins would be
convicted and, when he wasn't...
280
00:14:42,756 --> 00:14:45,259
Marinelli's conduct caused
Bob Peters' sudden heat.
281
00:14:45,301 --> 00:14:47,803
Which is a mitigating factor
and obviates the death penalty.
282
00:14:47,845 --> 00:14:50,681
That's what caused Peters to
fire his weapon into a crowd?
283
00:14:50,723 --> 00:14:52,483
Not that his daughter's
killer was acquitted?
284
00:14:52,516 --> 00:14:55,019
I don't think a jury will
find that very persuasive.
285
00:14:55,060 --> 00:14:57,229
On the surface, it's a kind
of provocation argument.
286
00:14:57,271 --> 00:15:00,316
Gives turley a way to ask for
manslaughter instead of murder
287
00:15:00,357 --> 00:15:01,984
and back us off
the death penalty.
288
00:15:02,026 --> 00:15:04,486
Pretty thin, assuming
marinelli told me the truth
289
00:15:04,528 --> 00:15:06,113
I don't think we have to worry.
290
00:15:06,155 --> 00:15:08,407
I've known John. He's
always been straight with me.
291
00:15:08,449 --> 00:15:11,827
Get his files on the case.
Make sure we have no surprises.
292
00:15:11,869 --> 00:15:14,413
This office has nothing to hide.
293
00:15:18,792 --> 00:15:20,228
Besides marinelli's
horrible handwriting
294
00:15:20,252 --> 00:15:21,879
I don't see anything
out of the ordinary.
295
00:15:21,921 --> 00:15:24,798
Looks like the evidence
against Hopkins was strong.
296
00:15:24,840 --> 00:15:27,843
Hopkins said Barbara
fell while they were hiking.
297
00:15:27,885 --> 00:15:30,763
Autopsy reports show there
were bruises on her back and arms
298
00:15:30,804 --> 00:15:32,723
that indicate she was
thrown from the cliff.
299
00:15:32,765 --> 00:15:35,225
'And Hopkins' timeline
doesn't make sense either.'
300
00:15:35,267 --> 00:15:37,686
hikers say they heard
Barbara screaming for help
301
00:15:37,728 --> 00:15:39,605
hours after Hopkins
said she died.
302
00:15:39,647 --> 00:15:41,899
Hellman never met a
motion he didn't like.
303
00:15:41,941 --> 00:15:45,277
He was able to minimize a
lot of testimony and evidence.
304
00:15:45,319 --> 00:15:47,321
Here's one signed by Kelly.
305
00:15:47,363 --> 00:15:51,075
I remember the day she told me
she was gonna work for hellman.
306
00:15:51,116 --> 00:15:53,327
- I hope you warned her.
- I did.
307
00:15:53,369 --> 00:15:54,828
Kelly was a true believer.
308
00:15:54,870 --> 00:15:57,331
We used to fight about
it like cats and dogs.
309
00:15:57,373 --> 00:15:59,667
She couldn't understand
how I could be a prosecutor.
310
00:15:59,708 --> 00:16:02,169
I couldn't understand how
she could defend people
311
00:16:02,211 --> 00:16:04,546
she knew were guilty.
312
00:16:07,466 --> 00:16:09,343
This is interesting.
313
00:16:09,385 --> 00:16:11,804
- What is it?
- Marinelli's witness list.
314
00:16:11,845 --> 00:16:15,057
Do you remember seeing the
name Nick Baxter in the police files?
315
00:16:15,099 --> 00:16:17,226
No. It wasn't in the
trial transcripts either.
316
00:16:17,267 --> 00:16:20,813
Which means marinelli never
called Baxter to testify right?
317
00:16:20,854 --> 00:16:22,272
Exactly.
318
00:16:22,314 --> 00:16:24,942
Why would marinelli rush
to add Baxter to the witness
319
00:16:24,984 --> 00:16:26,652
list so late at the last minute?
320
00:16:26,694 --> 00:16:29,029
Why go to all that
and then not call him?
321
00:16:29,071 --> 00:16:32,282
It's not that unusual. Someone
tips you on a hail Mary witness.
322
00:16:32,324 --> 00:16:34,868
Look into it, doesn't
check out, you drop it.
323
00:16:34,910 --> 00:16:37,329
Still, look at this.
324
00:16:37,371 --> 00:16:40,040
He adds Baxter to his
witness list here on the 20th
325
00:16:40,082 --> 00:16:43,085
notifies hellman he intends
to call him at the last minute
326
00:16:43,127 --> 00:16:45,963
and then doesn't,
for some reason.
327
00:16:46,005 --> 00:16:48,132
Ask him.
328
00:16:49,383 --> 00:16:52,052
Peters was angry
about the verdict.
329
00:16:52,094 --> 00:16:53,762
Understandably. So was I.
330
00:16:53,804 --> 00:16:56,098
I don't see how my
trial strategy is relevant.
331
00:16:56,140 --> 00:16:57,850
Well, just the same,
I asked Maureen
332
00:16:57,891 --> 00:17:01,812
and annabeth to
review the case files.
333
00:17:01,854 --> 00:17:03,522
You find anything useful?
334
00:17:03,564 --> 00:17:04,773
Who was Nick Baxter?
335
00:17:04,815 --> 00:17:07,735
He's on your amended witness
list, but you never called him.
336
00:17:07,776 --> 00:17:10,362
- He didn't pan out.
- Did you question him?
337
00:17:10,404 --> 00:17:12,781
His deposition isn't
in your files, either.
338
00:17:12,823 --> 00:17:15,534
I didn't depose him. My
investigator interviewed him.
339
00:17:15,576 --> 00:17:17,453
No record of that either.
340
00:17:17,494 --> 00:17:21,165
Is there something behind this
witness we should know about?
341
00:17:21,206 --> 00:17:23,500
No. It's nothing.
342
00:17:23,542 --> 00:17:25,085
Baxter was a bartender.
343
00:17:25,127 --> 00:17:26,754
He served Hopkins
some drinks one night
344
00:17:26,795 --> 00:17:29,548
and allegedly heard him
rambling on about killing his wife.
345
00:17:29,590 --> 00:17:33,135
So, we did a little digging and
determined he wasn't credible.
346
00:17:33,177 --> 00:17:33,969
Why not?
347
00:17:34,011 --> 00:17:36,138
His story didn't add
up, for one thing.
348
00:17:36,180 --> 00:17:38,182
He perjured himself
in a child custody case.
349
00:17:38,223 --> 00:17:39,534
Hellman would've
ripped him apart.
350
00:17:39,558 --> 00:17:41,769
Did you mention
Baxter to the Peters?
351
00:17:41,810 --> 00:17:44,354
Not specifically, no.
352
00:17:44,396 --> 00:17:46,774
Say what you're
trying to say, annabeth.
353
00:17:46,815 --> 00:17:49,735
You assured them David
Hopkins would be convicted, right?
354
00:17:49,777 --> 00:17:53,989
I told them we had a strong
case and I had no reason to believe
355
00:17:54,031 --> 00:17:55,199
we wouldn't get a conviction.
356
00:17:55,240 --> 00:17:56,658
You never mentioned
Baxter to them?
357
00:17:56,700 --> 00:17:59,161
The last-minute witness
that would seal the deal?
358
00:17:59,203 --> 00:18:00,370
No, I did not.
359
00:18:00,412 --> 00:18:02,539
Turley's going to claim
you unrealistically built up
360
00:18:02,581 --> 00:18:04,833
the Peters' hopes and
made David Hopkins' acquittal
361
00:18:04,875 --> 00:18:07,544
even more devastating
than it had to be.
362
00:18:09,463 --> 00:18:13,133
There's a lot of things I
wish I'd done differently.
363
00:18:13,175 --> 00:18:16,470
But for you to suggest that
I didn't do everything I could
364
00:18:16,512 --> 00:18:18,305
to win that case
is just plain wrong.
365
00:18:18,347 --> 00:18:21,183
- I'm not suggesting that, John.
- I should've won it, I didn't.
366
00:18:21,225 --> 00:18:24,144
- 'Why, what went wrong?'
- Nothing went wrong.
367
00:18:24,186 --> 00:18:27,981
'Doug did a better job telling
his story to the jury than me.'
368
00:18:28,023 --> 00:18:30,567
that's what it boils
down to, doesn't it?
369
00:18:30,609 --> 00:18:31,902
Who's got the better story?
370
00:18:31,944 --> 00:18:35,614
If Bob wants to put his killing
Kelly on me because of that..
371
00:18:35,656 --> 00:18:40,452
I can't believe we're
having this conversation.
372
00:18:40,494 --> 00:18:42,871
Anything else I
can help you with?
373
00:18:42,913 --> 00:18:44,873
You let me know.
374
00:18:44,915 --> 00:18:48,085
John, this isn't personal.
375
00:18:48,127 --> 00:18:50,337
Yes, annabeth.
376
00:18:50,379 --> 00:18:52,047
It is.
377
00:18:52,714 --> 00:18:55,592
It couldn't be more personal.
378
00:19:00,430 --> 00:19:02,683
I'd still like to know
more about Baxter.
379
00:19:02,724 --> 00:19:05,602
Let's have ed and ray
talk to his investigator.
380
00:19:05,644 --> 00:19:08,230
Something's not
sitting right with this.
381
00:19:10,315 --> 00:19:11,900
No, I didn't find Nick Baxter.
382
00:19:11,942 --> 00:19:14,319
As far as I know,
marinelli found him.
383
00:19:14,361 --> 00:19:17,239
- Not what we were told.
- Well, you were told wrong.
384
00:19:17,281 --> 00:19:18,657
Marinelli sent me to see him.
385
00:19:18,699 --> 00:19:20,826
- How did he find Baxter?
- No idea.
386
00:19:20,868 --> 00:19:22,828
We had four investigators
working on the case.
387
00:19:22,870 --> 00:19:25,873
Baxter's name never came
up until marinelli gave it to us.
388
00:19:25,914 --> 00:19:27,249
But you interviewed
Baxter, right?
389
00:19:27,291 --> 00:19:29,459
- Should be in the case file.
- It wasn't.
390
00:19:29,501 --> 00:19:33,380
- You remember the gist of it?
- Baxter was serving him once.
391
00:19:33,422 --> 00:19:36,592
Hopkins got drunk, you know,
confessed to killing his wife
392
00:19:36,633 --> 00:19:39,052
on a camping trip,
pushed her off a ledge.
393
00:19:39,094 --> 00:19:40,637
Made it look like an accident.
394
00:19:40,679 --> 00:19:42,014
Baxter would've testified?
395
00:19:42,055 --> 00:19:45,684
Yeah, if marinelli would've
called him, but he never did.
396
00:19:45,726 --> 00:19:48,896
Marinelli said you determined
Baxter was not credible.
397
00:19:48,937 --> 00:19:50,189
Oh, that's a load.
398
00:19:50,230 --> 00:19:52,608
No. Baxter's story was
good, you know? Rang true.
399
00:19:52,649 --> 00:19:56,570
He perjured himself in
a custody trial, though.
400
00:19:56,612 --> 00:19:58,614
Look, my two cents..
401
00:19:58,655 --> 00:20:01,408
Baxter would've been a
powerful witness against Hopkins.
402
00:20:01,450 --> 00:20:03,785
You know? But,
hey, what do I know?
403
00:20:03,827 --> 00:20:07,331
Marinelli is the one with
the fancy suit, salary.
404
00:20:07,372 --> 00:20:10,042
You know, his trial, his call.
405
00:20:10,083 --> 00:20:12,961
You got any idea how
marinelli found Baxter?
406
00:20:13,003 --> 00:20:16,048
No. That's a good question.
407
00:20:16,089 --> 00:20:18,967
Baxter told me I wasn't
the only guy coming around
408
00:20:19,009 --> 00:20:21,428
asking about David Hopkins.
409
00:20:21,470 --> 00:20:24,223
- Somebody else got there first?
- Name escapes me.
410
00:20:24,264 --> 00:20:25,974
But, he was a
private investigator.
411
00:20:26,016 --> 00:20:27,267
'Working for?'
412
00:20:27,309 --> 00:20:29,645
Hopkins' lawyer.
413
00:20:29,686 --> 00:20:31,438
Doug hellman.
414
00:20:40,364 --> 00:20:43,742
Vance didn't find
Baxter. You did.
415
00:20:43,784 --> 00:20:45,702
Tell me how.
416
00:20:45,744 --> 00:20:48,163
Why do you care so
much about Baxter?
417
00:20:48,205 --> 00:20:51,041
He's a witness I never
called in a case that's over
418
00:20:51,083 --> 00:20:53,210
against a defendant
that can't be retried.
419
00:20:53,252 --> 00:20:56,088
Just tell me how
you found Baxter.
420
00:21:01,551 --> 00:21:04,263
I loved her.
421
00:21:04,304 --> 00:21:05,931
Kelly.
422
00:21:05,973 --> 00:21:09,768
- We all did.
- No, it's not what..
423
00:21:09,810 --> 00:21:12,104
Kelly and I were..
424
00:21:13,563 --> 00:21:15,524
We were seeing each other.
425
00:21:21,488 --> 00:21:24,825
- She never told me that.
- Nobody knew.
426
00:21:24,866 --> 00:21:26,326
We started dating
during the trial.
427
00:21:26,368 --> 00:21:27,661
Why didn't you
recuse yourselves?
428
00:21:27,703 --> 00:21:30,122
By the time we realized
where things were going
429
00:21:30,163 --> 00:21:33,417
it would've led to a mistrial.
430
00:21:33,458 --> 00:21:35,127
Neither of us wanted that.
431
00:21:35,168 --> 00:21:36,378
'We had a rule.'
432
00:21:36,420 --> 00:21:41,341
we'd never discuss the case
or even work, for that matter.
433
00:21:41,383 --> 00:21:45,470
We figured we could keep it
a secret from hellman, but..
434
00:21:45,512 --> 00:21:47,597
It turned out he knew.
435
00:21:47,639 --> 00:21:50,142
Did Kelly tell you about Baxter?
436
00:21:50,183 --> 00:21:52,060
Kelly would've never done that.
437
00:21:52,102 --> 00:21:53,395
She was incredibly ethical.
438
00:21:53,437 --> 00:21:55,731
We never discussed
the Hopkins case.
439
00:21:55,772 --> 00:21:58,817
- Ever.
- Then how did you find out?
440
00:22:03,613 --> 00:22:07,701
One night, she was
staying in my apartment.
441
00:22:07,743 --> 00:22:12,205
She left her briefcase open
with the file on Baxter right on top.
442
00:22:12,247 --> 00:22:16,209
- Like she wanted me to see it.
- Even so, why'd you look at it?
443
00:22:16,251 --> 00:22:17,836
Why would you
jeopardize your case?
444
00:22:17,878 --> 00:22:22,049
The Peters' were
calling me everyday.
445
00:22:22,090 --> 00:22:25,010
Coming in to the office,
waiting for me after court
446
00:22:25,052 --> 00:22:27,929
desperate for good news.
447
00:22:28,847 --> 00:22:32,601
And to be honest, the
trial had started to turn.
448
00:22:32,642 --> 00:22:37,314
I could feel the jury having
doubts about my case.
449
00:22:37,356 --> 00:22:39,816
It was so stupid,
but once I knew
450
00:22:39,858 --> 00:22:42,903
that Hopkins had
confessed to Baxter
451
00:22:42,944 --> 00:22:45,113
'i had to put him on the stand.'
452
00:22:45,155 --> 00:22:47,324
but you didn't.
453
00:22:47,366 --> 00:22:50,285
No.
454
00:22:50,327 --> 00:22:51,578
Hellman?
455
00:22:51,620 --> 00:22:54,748
Saw Baxter on my witness
list and confronted me.
456
00:22:54,790 --> 00:22:56,917
'He said he knew Kelly
and I were involved'
457
00:22:56,958 --> 00:23:00,504
and accused me of betraying
Kelly to discover Baxter.
458
00:23:00,545 --> 00:23:03,173
Let me guess. Hellman
came up with a solution.
459
00:23:03,215 --> 00:23:04,758
What were we going to do?
460
00:23:04,800 --> 00:23:07,719
I could drop it and pretend
like I never found Baxter
461
00:23:07,761 --> 00:23:10,347
or hellman would
expose us to the judge.
462
00:23:10,389 --> 00:23:12,933
Either way, Baxter
would never testify.
463
00:23:12,974 --> 00:23:19,439
If hellman wasn't willing to go
to the judge, you should have.
464
00:23:19,481 --> 00:23:21,274
Yeah.
465
00:23:21,316 --> 00:23:23,819
I should have. I know that now.
466
00:23:26,530 --> 00:23:28,782
But I didn't.
467
00:23:36,623 --> 00:23:39,418
What, no flowers, no candy?
468
00:23:39,459 --> 00:23:42,963
I've been talking
to John marinelli.
469
00:23:43,004 --> 00:23:45,966
Well, he's made a clean
breast of it, then, has he?
470
00:23:46,007 --> 00:23:47,426
You should've gone to the judge.
471
00:23:47,467 --> 00:23:50,762
And ruined Kelly's career just
because she had the bad judgment
472
00:23:50,804 --> 00:23:52,764
to fall in love
with a prosecutor?
473
00:23:52,806 --> 00:23:55,308
'What was I going to
do? They were in love.'
474
00:23:55,350 --> 00:23:58,103
I tried to protect
her and marinelli.
475
00:23:58,145 --> 00:24:00,188
Marinelli dumped
a crucial witness.
476
00:24:00,230 --> 00:24:03,525
No judge would have ever
allowed Baxter to testify
477
00:24:03,567 --> 00:24:05,444
and Hopkins still would
have been acquitted.
478
00:24:05,485 --> 00:24:08,113
Peters would have gotten
his gun, Kelly'd still be dead.
479
00:24:08,155 --> 00:24:11,533
Conlon's is not gonna see it
that way and neither is turley.
480
00:24:11,575 --> 00:24:13,785
There's got to be
a way to fix this.
481
00:24:13,827 --> 00:24:16,621
You have to do what's
right, which means
482
00:24:16,663 --> 00:24:18,665
getting justice
for Kelly's family.
483
00:24:18,707 --> 00:24:22,627
The position turley's put
me in affects you, too, Doug.
484
00:24:22,669 --> 00:24:26,214
Kelly was a lot
like you, you know.
485
00:24:26,256 --> 00:24:28,717
Stubborn, passionate to a fault.
486
00:24:28,758 --> 00:24:29,885
I don't think you get
487
00:24:29,926 --> 00:24:32,387
what's gonna happen
if turley finds out.
488
00:24:32,429 --> 00:24:34,890
I understand.
489
00:24:34,931 --> 00:24:37,767
You could be disbarred.
490
00:24:37,809 --> 00:24:41,938
Well, if I had it to do over
again, I'd do the same.
491
00:24:51,364 --> 00:24:53,176
You're saying hellman forced
marinelli to Bury a witness?
492
00:24:53,200 --> 00:24:55,327
He says he was
protecting John and Kelly.
493
00:24:55,368 --> 00:24:57,370
Getting an acquittal for
his client was incidental?
494
00:24:57,412 --> 00:25:01,249
Hellman's on the hook too,
if turley exposes what he did.
495
00:25:01,291 --> 00:25:02,501
Hellman is not my problem.
496
00:25:02,542 --> 00:25:04,711
Turley is going to ram
marinelli's misconduct
497
00:25:04,753 --> 00:25:05,670
down our throat.
498
00:25:05,712 --> 00:25:07,005
She's bound to find Baxter.
499
00:25:07,047 --> 00:25:08,882
Our hope is the
counter motion we filed
500
00:25:08,924 --> 00:25:11,927
arguing the Hopkins trial is
irrelevant to the Peters case
501
00:25:11,968 --> 00:25:13,070
and therefore, not discoverable.
502
00:25:13,094 --> 00:25:15,263
We should win, I can't
see a judge allowing
503
00:25:15,305 --> 00:25:17,307
turley to rifle through
this office's work
504
00:25:17,349 --> 00:25:18,475
product and personal notes.
505
00:25:18,517 --> 00:25:19,976
Let's hope you're right.
506
00:25:20,018 --> 00:25:23,063
Your honor, the Hopkins
case couldn't be more relevant.
507
00:25:23,104 --> 00:25:24,272
It is a factual basis
508
00:25:24,314 --> 00:25:27,442
for the provocation that
led to my client's actions.
509
00:25:27,484 --> 00:25:29,736
Your honor, the jury
verdict provoked Bob Peters
510
00:25:29,778 --> 00:25:32,239
not prosecutor marinelli's
private work product.
511
00:25:32,280 --> 00:25:36,201
The material can substantiate
my client's assertion.
512
00:25:36,243 --> 00:25:38,161
Mr. Marinelli misled him
513
00:25:38,203 --> 00:25:40,539
about the prospect
of convicting Hopkins
514
00:25:40,580 --> 00:25:41,873
for the murder of his daughter.
515
00:25:41,915 --> 00:25:43,458
The defense has
presented no evidence
516
00:25:43,500 --> 00:25:46,336
that Mr. Marinelli ever made
those assurances to Mr. Peters.
517
00:25:46,378 --> 00:25:48,505
Your honor, that
is precisely why
518
00:25:48,547 --> 00:25:50,715
we want to depose Mr. Marinelli
519
00:25:50,757 --> 00:25:52,676
and look at his
papers on the case.
520
00:25:52,717 --> 00:25:56,346
Miss chase, while I
understand the need for privilege
521
00:25:56,388 --> 00:25:57,681
in the prosecutor's office
522
00:25:57,722 --> 00:26:00,433
I believe the attorney
work product in this instance
523
00:26:00,475 --> 00:26:02,686
is relevant to
Mr. Peters' defense.
524
00:26:02,727 --> 00:26:05,689
Therefore, I'm granting
miss turley's discovery motion.
525
00:26:05,730 --> 00:26:08,275
Your honor, this goes against
case law and precedent.
526
00:26:08,316 --> 00:26:09,859
If you have sensitive
work product
527
00:26:09,901 --> 00:26:12,904
you can always file for
in-camera inspection.
528
00:26:15,657 --> 00:26:18,994
You're worried about what
I'm gonna find in the files?
529
00:26:19,035 --> 00:26:19,953
'Course not.
530
00:26:19,995 --> 00:26:22,122
Then why are you keeping
me from seeing them?
531
00:26:22,163 --> 00:26:24,374
Principle, Hanna, we can't
have defense attorneys
532
00:26:24,416 --> 00:26:25,476
rummaging through our notes.
533
00:26:25,500 --> 00:26:27,544
Annabeth, I'm just
trying to do my job.
534
00:26:27,586 --> 00:26:30,088
And as long as the
state of Indiana insists
535
00:26:30,130 --> 00:26:33,049
on trying this as a
death penalty case
536
00:26:33,091 --> 00:26:37,012
I will do everything
in my power to fight it.
537
00:26:44,853 --> 00:26:46,813
How did it go with the
prosecuting attorney?
538
00:26:46,855 --> 00:26:49,858
He doesn't like being held
over a barrel more than I do.
539
00:26:49,899 --> 00:26:52,527
We prefer to deal with
this in an up-front manner.
540
00:26:52,569 --> 00:26:54,613
Not have it impact
a high-profile case.
541
00:26:54,654 --> 00:26:56,573
Marinelli is a
problem we inherited
542
00:26:56,615 --> 00:26:58,158
and he has to answer for it.
543
00:26:58,199 --> 00:27:00,452
If need be, we'll
make him an example.
544
00:27:00,493 --> 00:27:03,204
Turley suggested
she'd be open to a deal.
545
00:27:03,246 --> 00:27:06,458
Take the death penalty off
the table. That's what she wants.
546
00:27:06,499 --> 00:27:08,793
Manslaughter, 20 years,
no opposition to parole.
547
00:27:08,835 --> 00:27:10,462
It may be better
coming from you.
548
00:27:10,503 --> 00:27:13,006
Let her know this
isn't some game.
549
00:27:13,048 --> 00:27:14,716
Done.
550
00:27:14,758 --> 00:27:18,053
- Maybe I can charm her.
- Good luck with that.
551
00:27:18,094 --> 00:27:21,598
Mr. Conlon, a rare sighting
in these humble precincts.
552
00:27:21,640 --> 00:27:23,642
'To what do we owe the honor?'
553
00:27:23,683 --> 00:27:25,477
I'll get right to
it, miss turley.
554
00:27:25,518 --> 00:27:27,062
The prosecutor's
office acknowledges
555
00:27:27,103 --> 00:27:29,689
your client's dismay with
the verdict in the Hopkins case
556
00:27:29,731 --> 00:27:32,359
but that ship has sailed.
The jury acquitted him.
557
00:27:32,400 --> 00:27:34,986
I don't think you're here to
talk about double jeopardy.
558
00:27:35,028 --> 00:27:37,614
We won the discovery
motion, so offer us a deal
559
00:27:37,656 --> 00:27:40,200
or give us the files
on the Hopkins case.
560
00:27:40,241 --> 00:27:43,995
Manslaughter, 20 years,
no opposition to parole.
561
00:27:44,037 --> 00:27:49,000
24 hours ago, you wanted to
try this as a death penalty case.
562
00:27:49,042 --> 00:27:50,043
We've reconsidered.
563
00:27:50,085 --> 00:27:52,295
I'm guessing,
marinelli notes and files
564
00:27:52,337 --> 00:27:54,673
had a little something
to do with that.
565
00:27:54,714 --> 00:27:57,050
Offer's on the table.
566
00:28:02,639 --> 00:28:04,557
Bob, I think you should take it.
567
00:28:04,599 --> 00:28:05,850
20 years?
568
00:28:05,892 --> 00:28:08,895
I may not be alive in 20 years.
569
00:28:08,937 --> 00:28:11,231
You said we would
take this to trial.
570
00:28:11,272 --> 00:28:13,233
Yes, but they removed
the death penalty.
571
00:28:13,274 --> 00:28:15,610
That's, that's a good deal.
572
00:28:15,652 --> 00:28:17,862
Not good enough.
573
00:28:18,530 --> 00:28:20,990
I want people to hear my story.
574
00:28:21,032 --> 00:28:24,828
Hear how I was led to
believe that I would get justice
575
00:28:24,869 --> 00:28:27,414
and how that was taken from me!
576
00:28:29,791 --> 00:28:32,335
And I want justice for Kelly
joffe and Doug hellman.
577
00:28:32,377 --> 00:28:35,422
Convince him. We both
know this is in his best interest.
578
00:28:35,463 --> 00:28:37,757
Well, of course I'm
going to talk to him.
579
00:28:37,799 --> 00:28:40,176
But as you can see,
he's fairly dug in.
580
00:28:40,218 --> 00:28:42,178
If he changes his
mind, let me know.
581
00:28:42,220 --> 00:28:44,180
I'm still waiting
on those case files.
582
00:28:44,222 --> 00:28:46,599
Don't force me to go
back to judge Jenkins
583
00:28:46,641 --> 00:28:49,227
and get a contempt
of court citation.
584
00:28:53,523 --> 00:28:55,316
[Instrumental music]
585
00:28:57,777 --> 00:28:59,362
Clock's ticking on her motion.
586
00:28:59,404 --> 00:29:01,281
No choice. Comply.
Hold it till tomorrow.
587
00:29:01,322 --> 00:29:03,950
I need time to get
my ducks in a row.
588
00:29:03,992 --> 00:29:05,243
One of those ducks marinelli?
589
00:29:05,285 --> 00:29:08,621
- He'll resign today.
- What about hellman?
590
00:29:08,663 --> 00:29:11,082
We're referring hellman
to the ethics review board
591
00:29:11,124 --> 00:29:12,208
of the Indiana bar.
592
00:29:12,250 --> 00:29:14,502
Someone should let
him know this is coming.
593
00:29:14,544 --> 00:29:16,254
I will, he'll be at the church
594
00:29:16,296 --> 00:29:17,881
paying his respects
to Kelly's parents.
595
00:29:17,922 --> 00:29:19,716
As long as you're
there, talk to them.
596
00:29:19,758 --> 00:29:21,485
Let them know about
their daughter's relationship
597
00:29:21,509 --> 00:29:24,846
with marinelli, before they
read about it in the paper.
598
00:29:29,100 --> 00:29:31,770
[Instrumental music]
599
00:30:01,716 --> 00:30:02,675
Annabeth.
600
00:30:02,717 --> 00:30:05,386
Mr. Joffe, I'm so sorry.
601
00:30:07,847 --> 00:30:11,392
- Kelly was an amazing woman.
- Thank you.
602
00:30:11,434 --> 00:30:14,687
She always spoke
so highly of you.
603
00:30:22,654 --> 00:30:25,824
We offered Bob Peters a plea.
604
00:30:25,865 --> 00:30:27,116
A plea?
605
00:30:27,158 --> 00:30:28,159
Manslaughter.
606
00:30:28,201 --> 00:30:31,287
A minimum sentence of 20 years.
607
00:30:31,329 --> 00:30:32,705
20 years?
608
00:30:32,747 --> 00:30:35,208
For killing my daughter?
609
00:30:35,250 --> 00:30:37,377
He turned it down.
610
00:30:37,418 --> 00:30:39,295
Now, if we go to trial
611
00:30:39,337 --> 00:30:41,923
his lawyer is going to
exploit something Kelly did.
612
00:30:41,965 --> 00:30:43,716
Something she
shouldn't have done.
613
00:30:43,758 --> 00:30:46,302
Is this about John marinelli?
614
00:30:46,344 --> 00:30:49,180
I know all about it. He
called me yesterday.
615
00:30:49,222 --> 00:30:52,183
He told me about his
relationship with Kelly.
616
00:30:55,979 --> 00:30:58,648
They loved each other.
617
00:30:59,482 --> 00:31:02,735
Well, if it's unethical,
I can live with that.
618
00:31:02,777 --> 00:31:04,779
It's more than that.
619
00:31:04,821 --> 00:31:06,406
I think Kelly may have
620
00:31:06,447 --> 00:31:09,450
inadvertently given marinelli
a crucial piece of evidence.
621
00:31:09,492 --> 00:31:13,955
It's nice of you to say
that it was inadvertent.
622
00:31:13,997 --> 00:31:15,206
It wasn't.
623
00:31:15,248 --> 00:31:20,253
Kelly told us she was sure
that Hopkins had killed his wife.
624
00:31:20,295 --> 00:31:21,629
If John marinelli
found something
625
00:31:21,671 --> 00:31:25,967
it's because Kelly
wanted him to.
626
00:31:26,009 --> 00:31:28,845
I think I'll just
leave it at that.
627
00:31:28,887 --> 00:31:31,264
Thanks so much for coming.
628
00:31:46,779 --> 00:31:49,198
Can I have a word with you?
629
00:31:50,992 --> 00:31:53,286
Still upset with me?
630
00:31:53,328 --> 00:31:56,164
I understand what you
did and why you did it.
631
00:31:56,205 --> 00:31:58,708
I'm sure your boss
has a dimmer view.
632
00:31:59,584 --> 00:32:02,754
He's referring you to
the ethics review board.
633
00:32:02,795 --> 00:32:06,007
You're going to have
your license revoked.
634
00:32:06,049 --> 00:32:09,177
Turley's going to use this
against us if we go to trial.
635
00:32:09,218 --> 00:32:12,680
The judge tossed our
counter motion to suppress.
636
00:32:12,722 --> 00:32:14,682
Well, ask yourself this..
637
00:32:14,724 --> 00:32:17,477
What does Bob
Peters really want?
638
00:32:17,518 --> 00:32:19,354
He wants justice
for his daughter.
639
00:32:19,395 --> 00:32:20,647
Of course, he does.
640
00:32:20,688 --> 00:32:23,524
Now, we can't very
well put Mr. Hopkins
641
00:32:23,566 --> 00:32:26,110
back on trial now, can we?
642
00:32:26,152 --> 00:32:29,614
At least, not for
killing Barbara Peters.
643
00:32:30,490 --> 00:32:33,201
What are you talking about?
644
00:32:33,242 --> 00:32:37,622
We're in a very gray
area here, annabeth.
645
00:32:37,664 --> 00:32:39,707
How gray?
646
00:32:40,291 --> 00:32:42,669
Gray.
647
00:32:42,710 --> 00:32:45,046
After I saw you at the
hospital the last time
648
00:32:45,088 --> 00:32:48,341
I made a few phone calls, I
got my investigator involved.
649
00:32:48,383 --> 00:32:51,094
I had him put Mr. Hopkins
under a microscope.
650
00:32:51,135 --> 00:32:53,179
What did he find?
651
00:32:53,221 --> 00:32:55,431
Nothing, until yesterday.
652
00:32:55,473 --> 00:32:58,559
Now, it's my job to
defend my clients against
653
00:32:58,601 --> 00:32:59,978
whatever they're
charged with now
654
00:33:00,019 --> 00:33:03,481
and not pass judgment
against something that may or
655
00:33:03,523 --> 00:33:06,651
may not have
happened 15 years ago.
656
00:33:06,693 --> 00:33:08,945
15 years ago?
657
00:33:11,698 --> 00:33:13,992
Jane darby.
658
00:33:23,710 --> 00:33:27,380
I just accepted John
marinelli's letter of resignation.
659
00:33:27,422 --> 00:33:30,341
We need to hold sending
marinelli's files to turley.
660
00:33:30,383 --> 00:33:33,594
The last thing this office needs
is to be slapped for contempt.
661
00:33:33,636 --> 00:33:35,763
We can still make
a deal with Peters.
662
00:33:35,805 --> 00:33:37,181
That wasn't the
impression I got.
663
00:33:37,223 --> 00:33:41,352
What if told you there was
a way to nail David Hopkins?
664
00:33:42,061 --> 00:33:43,771
What are you talking about?
665
00:33:43,813 --> 00:33:46,566
I think he murdered
his college girlfriend.
666
00:33:46,607 --> 00:33:49,485
- Are you making this up?
- No, her name was Jane darby.
667
00:33:49,527 --> 00:33:53,406
It happened 15 years ago,
boating accident, supposedly.
668
00:33:53,448 --> 00:33:55,700
Why wasn't this brought
up at the Hopkins trial?
669
00:33:55,742 --> 00:33:58,327
- Nobody knew.
- How is it that you know?
670
00:33:58,369 --> 00:34:00,038
A little bird told me.
671
00:34:00,079 --> 00:34:02,874
What little bird? Doug hellman?
672
00:34:02,915 --> 00:34:04,834
No comment.
673
00:34:10,590 --> 00:34:12,067
Judge Jenkins put me on
notice, he's gonna cite us
674
00:34:12,091 --> 00:34:14,761
with contempt if we go
one minute past the deadline
675
00:34:14,802 --> 00:34:16,196
and turley doesn't
have our material.
676
00:34:16,220 --> 00:34:19,307
I'm stalling hard. I got off
the phone with turley's office.
677
00:34:19,348 --> 00:34:22,268
Told them we were still
gathering information.
678
00:34:22,310 --> 00:34:24,520
Tell me you got
something we can use.
679
00:34:24,562 --> 00:34:27,023
There was never a police report.
680
00:34:27,065 --> 00:34:29,108
Just a coroner report.
681
00:34:29,150 --> 00:34:31,736
Jane darby's death was
ruled death by misadventure.
682
00:34:31,778 --> 00:34:33,112
Drowned in a boating accident.
683
00:34:33,154 --> 00:34:36,032
Hopkins was never even
mentioned as the guy who reported it.
684
00:34:36,074 --> 00:34:38,534
Accidental drowning's
a long way from murder.
685
00:34:38,576 --> 00:34:40,036
This case is 15 years old.
686
00:34:40,078 --> 00:34:42,246
Evidence, is going
to be hard to come by.
687
00:34:42,288 --> 00:34:44,540
Were Jane darby's
parents aware Hopkins
688
00:34:44,582 --> 00:34:46,334
was tried for killing his wife?
689
00:34:46,375 --> 00:34:47,668
They moved out of the state.
690
00:34:47,710 --> 00:34:50,088
What are the chances they'll
authorize an exhumation?
691
00:34:50,129 --> 00:34:53,132
Already have, all these years,
they have a lot of unanswered
692
00:34:53,174 --> 00:34:55,885
questions about
their daughter's death.
693
00:34:55,927 --> 00:34:59,180
If she drowned, it's 'cause
somebody caved her skull in.
694
00:34:59,222 --> 00:35:01,766
- Why was it ruled a drowning?
- Beats me.
695
00:35:01,808 --> 00:35:04,560
She had water in her lungs
so technically she did drown.
696
00:35:04,602 --> 00:35:07,355
But there's no other way
to explain the skull fracture.
697
00:35:07,396 --> 00:35:10,108
- Would it have been evident?
- Clear as day.
698
00:35:10,149 --> 00:35:13,903
Head trauma, blow
from a blunt object.
699
00:35:13,945 --> 00:35:15,446
You should talk
to the chief coroner
700
00:35:15,488 --> 00:35:19,117
who signed off on this back
in the day, if he's still alive.
701
00:35:19,158 --> 00:35:21,202
How could he have
signed off on this?
702
00:35:21,244 --> 00:35:23,496
Chief coroners are
elected in this state.
703
00:35:23,538 --> 00:35:24,997
They're not necessarily doctors.
704
00:35:25,039 --> 00:35:28,793
Some are good, some are
bad, some are political hacks.
705
00:35:28,835 --> 00:35:30,920
Guess which kind this one was.
706
00:35:31,879 --> 00:35:34,090
Checked out the chief
coroner who wrote the report.
707
00:35:34,132 --> 00:35:37,385
He's retired now. Turns out
he's a close friend of the family.
708
00:35:37,426 --> 00:35:39,887
David Hopkins' father
contributed to his campaign.
709
00:35:39,929 --> 00:35:42,223
This is why most
states have done away
710
00:35:42,265 --> 00:35:43,391
with the coroner system.
711
00:35:43,432 --> 00:35:44,559
So what was his name?
712
00:35:44,600 --> 00:35:46,352
Harold Jensen. He
wasn't even a doctor.
713
00:35:46,394 --> 00:35:49,647
Before getting elected coroner,
he sold medical supplies.
714
00:35:49,689 --> 00:35:50,982
Proves my point.
715
00:35:51,023 --> 00:35:53,317
So, Harold Jensen decided
to look the other way.
716
00:35:53,359 --> 00:35:55,528
Ruled it an accident
because of the family.
717
00:35:55,570 --> 00:35:57,488
The sheriff's office
thought it was an accident.
718
00:35:57,530 --> 00:36:00,032
So did the newspaper,
there's no need to investigate.
719
00:36:00,074 --> 00:36:01,492
The rails were
greased him to go.
720
00:36:01,534 --> 00:36:05,413
We're going to need a
statement from him for the record.
721
00:36:05,454 --> 00:36:07,373
When you heard David
Hopkins had been accused
722
00:36:07,415 --> 00:36:10,334
of killing his wife, why didn't
you go to the authorities?
723
00:36:10,376 --> 00:36:12,587
Tell them what you
knew about Jane darby?
724
00:36:12,628 --> 00:36:14,672
It wasn't that simple.
725
00:36:14,714 --> 00:36:18,050
That boating accident
was a terrible tragedy.
726
00:36:18,092 --> 00:36:19,927
Accident?
727
00:36:19,969 --> 00:36:24,056
A couple of college kids that
were out there on the water
728
00:36:24,098 --> 00:36:25,892
drinking, carrying on.
729
00:36:25,933 --> 00:36:28,519
And after the accident?
730
00:36:28,561 --> 00:36:31,230
David Hopkins'
dad came to see me.
731
00:36:31,272 --> 00:36:33,608
He asked me to spare
the victim's family.
732
00:36:33,649 --> 00:36:37,653
And you did this by signing
off without an investigation?
733
00:36:39,405 --> 00:36:42,241
We did our own
autopsy on Jane darby.
734
00:36:42,283 --> 00:36:46,245
If you had done your job and
conducted a proper inquiry..
735
00:36:48,831 --> 00:36:50,708
I'm not a doctor.
736
00:36:50,750 --> 00:36:52,543
I never claimed to be.
737
00:36:52,585 --> 00:36:54,837
But you knew.
738
00:36:56,130 --> 00:36:59,091
I knew something wasn't right.
739
00:36:59,133 --> 00:37:01,928
Even I could see that.
740
00:37:01,969 --> 00:37:07,433
But the Hopkins were insistent
that this was an accident.
741
00:37:07,475 --> 00:37:09,101
'Best left alone.'
742
00:37:09,143 --> 00:37:13,064
they asked me to
close the case and I did.
743
00:37:13,105 --> 00:37:14,649
You do see how this looks.
744
00:37:14,690 --> 00:37:16,609
'I'm old, not blind.'
745
00:37:16,651 --> 00:37:19,195
I know what you're saying.
746
00:37:19,237 --> 00:37:23,241
Not a day goes by that I
don't think about what I did.
747
00:37:24,075 --> 00:37:26,577
I should have asked
more questions, but..
748
00:37:28,371 --> 00:37:29,997
But I didn't.
749
00:37:30,039 --> 00:37:32,667
At the time, I
remember thinking how..
750
00:37:32,708 --> 00:37:34,377
How bright David's future was.
751
00:37:34,418 --> 00:37:37,088
'How he had so much
to look forward to.'
752
00:37:37,129 --> 00:37:39,966
David Hopkins is a murderer.
753
00:37:40,007 --> 00:37:42,593
He killed Jane darby,
and if you'd done your job
754
00:37:42,635 --> 00:37:44,595
then Barbara Peters
would be alive today
755
00:37:44,637 --> 00:37:45,805
and so would Kelly joffe.
756
00:37:45,846 --> 00:37:48,307
That's a lot of ruined
lives, Mr. Jensen.
757
00:37:48,349 --> 00:37:49,517
'Stop.'
758
00:37:51,227 --> 00:37:53,396
tell me..
759
00:37:53,437 --> 00:37:55,856
How I can make this right.
760
00:37:56,649 --> 00:37:59,443
You can start by
giving a statement.
761
00:38:00,069 --> 00:38:02,863
Tell the truth, at last.
762
00:38:06,367 --> 00:38:08,202
We tracked down
the boat rental guy.
763
00:38:08,244 --> 00:38:10,955
David Hopkins and Jane
darby were arguing that day.
764
00:38:10,997 --> 00:38:12,290
We've got more leads, too.
765
00:38:12,331 --> 00:38:13,558
College friends that'll testify
766
00:38:13,582 --> 00:38:15,001
the relationship
was on the skids.
767
00:38:15,042 --> 00:38:17,503
With the coroner's statement
and the evidence, we got enough.
768
00:38:17,545 --> 00:38:21,424
Arrest Hopkins. Make sure
his picture gets in the paper.
769
00:38:21,465 --> 00:38:23,551
Our pleasure.
770
00:38:23,592 --> 00:38:25,720
David Hopkins..
771
00:38:26,679 --> 00:38:29,724
You're under arrest for
the murder of Jane darby.
772
00:38:30,182 --> 00:38:32,810
Jane darby?
773
00:38:32,852 --> 00:38:34,228
There must be some mistake.
774
00:38:34,270 --> 00:38:37,064
There's no mistake. You
killed her. Game over, buddy.
775
00:38:37,106 --> 00:38:40,735
Can I read him his rights? You
always read them their rights.
776
00:38:40,776 --> 00:38:41,861
Knock yourself out.
777
00:38:41,902 --> 00:38:44,447
You have the right
to remain silent.
778
00:38:44,488 --> 00:38:46,032
Anything you say..
779
00:38:46,073 --> 00:38:49,827
Oh... say "cheese".
780
00:38:53,205 --> 00:38:56,625
You still haven't complied
with judge Jenkins' ruling.
781
00:38:56,667 --> 00:38:59,170
We've got something
better to offer.
782
00:38:59,211 --> 00:39:02,715
Manslaughter, 20 years was
your bottom, take it or leave it.
783
00:39:02,757 --> 00:39:04,550
It was. It still is.
784
00:39:04,592 --> 00:39:07,511
Not interested. I
want to go to trial.
785
00:39:09,764 --> 00:39:13,309
David Hopkins was just arrested
for the murder of Jane darby.
786
00:39:13,351 --> 00:39:14,643
And who is Jane darby?
787
00:39:14,685 --> 00:39:15,770
His college girlfriend.
788
00:39:15,811 --> 00:39:18,522
We got a tip, went
back and took a look
789
00:39:18,564 --> 00:39:19,815
and this is what we found.
790
00:39:19,857 --> 00:39:23,694
- He's done this before?
- And this time he's going down.
791
00:39:23,736 --> 00:39:27,740
How do I know this isn't
some ploy to get me to settle?
792
00:39:27,782 --> 00:39:28,991
We don't.
793
00:39:30,326 --> 00:39:32,536
We're still prepared to
take your case to trial.
794
00:39:32,578 --> 00:39:35,915
But you wanted David Hopkins
brought to justice and we have.
795
00:39:35,956 --> 00:39:38,626
There's more than enough
evidence to convict him.
796
00:39:38,667 --> 00:39:39,960
I've heard that before.
797
00:39:40,002 --> 00:39:42,505
I'm asking you to trust me.
798
00:39:43,506 --> 00:39:47,426
The deal's still on, voluntary
manslaughter, 20 years.
799
00:39:49,929 --> 00:39:52,515
What do you want from me?
800
00:39:52,556 --> 00:39:54,850
Stand before a judge
and accept responsibility
801
00:39:54,892 --> 00:39:57,853
for what you did to
my friend, Kelly joffe.
802
00:39:57,895 --> 00:40:01,816
Her parents are in agony because
you decided to pick up a gun.
803
00:40:01,857 --> 00:40:03,317
You need to take this offer
804
00:40:03,359 --> 00:40:06,612
and spare them the pain
and suffering of a trial.
805
00:40:13,786 --> 00:40:17,289
I went to my car
and got the gun.
806
00:40:18,165 --> 00:40:22,002
I saw Hopkins standing
on the courthouse steps
807
00:40:22,044 --> 00:40:25,965
laughing, smiling, a free man.
808
00:40:26,632 --> 00:40:29,343
That's when I started firing.
809
00:40:29,385 --> 00:40:32,138
'I didn't even think
about the other people.'
810
00:40:32,179 --> 00:40:37,560
I just wanted Hopkins to pay
for what he did to my daughter.
811
00:40:38,519 --> 00:40:43,315
I can still see that
young woman's face.
812
00:40:45,651 --> 00:40:47,820
Miss joffe.
813
00:40:47,862 --> 00:40:50,739
The look in her eyes..
814
00:40:50,781 --> 00:40:52,783
After I shot her.
815
00:40:53,951 --> 00:40:56,162
(Judge Jenkins) 'Under
the terms of your agreement'
816
00:40:56,203 --> 00:40:59,290
'do you plead guilty to
voluntary manslaughter?'
817
00:40:59,331 --> 00:41:00,416
yes.
818
00:41:00,458 --> 00:41:03,627
Under the terms of this do
you understand you will spend
819
00:41:03,669 --> 00:41:05,337
20 years in a state prison
820
00:41:05,379 --> 00:41:07,214
'before being
eligible for parole?'
821
00:41:07,256 --> 00:41:08,466
yes, I do.
822
00:41:08,507 --> 00:41:13,012
Mr. Peters, is there anything
else you'd like to say?
823
00:41:25,900 --> 00:41:29,195
Nothing I can say or do..
824
00:41:29,236 --> 00:41:32,281
Can sufficiently express..
825
00:41:32,323 --> 00:41:37,077
My grief and my sorrow
over killing your daughter.
826
00:41:39,455 --> 00:41:41,749
I'm going to have
to live with that
827
00:41:41,790 --> 00:41:44,376
for the rest of my life.
828
00:41:52,343 --> 00:41:54,553
[No audio]
829
00:42:12,571 --> 00:42:14,156
Nice work in there.
830
00:42:14,198 --> 00:42:16,242
Found a way out of that mess.
831
00:42:16,283 --> 00:42:17,868
Doug hellman owes
you, too, big time.
832
00:42:17,910 --> 00:42:21,872
Something tells me he
won't exactly see it that way.
833
00:42:26,001 --> 00:42:29,004
- I'll see you at the office.
- Okay.
834
00:42:36,178 --> 00:42:38,347
Thank you so much.
835
00:42:41,976 --> 00:42:43,394
Thank you, for everything.
836
00:42:43,435 --> 00:42:45,521
You're welcome.
837
00:42:51,402 --> 00:42:54,572
I appreciate what you
did for me, annabeth.
838
00:42:56,490 --> 00:42:59,868
- Shoulder.
- Oh. Sorry, sorry.
839
00:42:59,910 --> 00:43:02,162
So, you got a good result there
840
00:43:02,204 --> 00:43:04,665
considering the circumstances.
841
00:43:04,707 --> 00:43:06,250
Well done.
842
00:43:06,292 --> 00:43:07,585
Just doing my job.
843
00:43:07,626 --> 00:43:11,880
- You're far too modest.
- And I had a little help.
844
00:43:11,922 --> 00:43:15,759
Uh, about this gray area..
845
00:43:15,801 --> 00:43:17,803
What gray area?
846
00:43:19,513 --> 00:43:21,765
I'll see you in court, then.
847
00:43:21,807 --> 00:43:24,727
We can continue our dance.
848
00:43:38,824 --> 00:43:42,244
(Female narrator) 'Stay tuned
for scenes from our next episode.'
849
00:43:43,120 --> 00:43:45,289
[theme music]
65870
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