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Original subtitles

[Dramatic music]

(Female #1) 'Will the defendant please rise?'

'in the matter of the state of Indiana'

versus David Hopkins on the charge of murder

the jury finds the defendant

'not guilty.'

[sobbing]

Thank you.

[Sobbing continues]

[Dramatic music]

[Gunshots]

[Clamoring]

(Male #1) 'Stay down.'

[indistinct]

Get help!

No, we're still trying to find out what the hell happened.

I'll let you know.

Doug hellman is listed serious, Kelly joffe is critical.

Annabeth's going to the hospital.

- She and joffe were classmates? - Law school.

You know how close annabeth and hellman are.

- What about the shooter? - Bob Peters, already arrested.

I was afraid he didn't like the verdict, he got himself a gun.

What'd you do if your son-in-law killed your daughter

and the jury let him walk?

I'd be tempted to shoot him and his lawyers.

- This mess is our fault. - How so?

If we'd convicted Hopkins, none of this would have happened.

Excuse me, Doug hellman and Kelly joffe?

Are you family?

The prosecuting attorney's office.

Mr. Hellman just got out of surgery.

He's in recovery, second floor.

- How's he doing? - The surgery went well.

- He's stable. - Okay.

And Kelly joffe?

They're still working on her.

Annabeth?

Mrs. Joffe.

How is she?

We got here as soon as we could.

They told us..

They told us it's touch and go.

How could this happen? Can somebody explain this to me?

I am so sorry. I'm gonna find out everything I can. I promise.

We don't have any news on Mr. Hellman.

- They said he's stable. - 'Oh, thank goodness for that.'

oh, god.

Oh, no. Oh, no.

Annabeth.

You heard about Kelly?

How's hellman? Have you heard?

I'm just waiting to see him.

I feel responsible for Kelly's..

What happened to her.

John, you didn't shoot her. Bob Peters did.

I lost the case.

If I hadn't..

Is he in custody yet, Peters?

Suicide watch at county.

Excuse me, Doug hellman's awake.

'One at a time, please.'

you go.

Annabeth.

Hi. Would you excuse us, please?

Thank you.

[Sighing]

You gonna be okay?

Oh, yeah. I just..

Always wanted to know what it felt like to be shot.

Now I know.

Yeah.

It hurts.

I don't recommend it.

Well, I guess if you could joke about it..

How's Kelly?

I knew it.

'I knew it. God!'

if I could have just done something, you know?

I was standing on the steps and next thing I know

she's on the ground..

In a puddle of blood.

Doug, there's nothing you could have done.

I don't know.

I just feel so helpless.

I don't know what to say to Kelly's parents.

It's okay if you don't have all the answers, annabeth.

(Doug on TV) 'The jury has heard the evidence and rendered their verdict'

'so now, my client wants to get back to his life.'

[gunshots]

[Doug grunting]

Clamoring

I wanna lead the prosecution of Bob Peters.

Death penalty, high burden of proofs, sympathetic defendant.

Peters wanted to kill Hopkins. Intent follows the bullet.

That he killed a bystander and not the man he was aiming at

makes our argument for the death penalty even stronger.

What is sympathetic about recklessly shooting

two innocent people?

Peters deserves the death penalty.

You need to be up to speed on the Hopkins case.

Last summer, Hopkins pushed his wife off a cliff on a trip.

The marriage was troubled, financial difficulties

infidelity, et cetera. We had a really strong case.

I don't know why the jury acquitted him.

Bob decided to get the justice that was denied to his daughter.

He hasn't been arraigned and his lawyer's playing him as a victim

a grieving parent provoked by an unfair verdict.

Angling for a lesser charge, positioning themselves

for a manslaughter plea.

We need to fire back, vigilante justice won't be tolerated.

- I'm ready. - Good.

Maureen will be your second.

- 'Who's representing Peters?' - Hanna turley.

Vocal opponent of the death penalty. She's gonna come at us.

We have as much of a soapbox to stand on as she does.

- Okay. - 'Hey.'

sure you're not too close to this?

We need to make an example of this guy.

What happened to Kelly and Doug could've happened to us.

Since when is it a bad thing for a prosecutor

to care about a victim?

Defendant is charged with one count of murder

two counts of attempted murder...

Not guilty your honor, we ask the defendant

be released on bond.

- Miss chase? - The people oppose bail.

We've filed notice to seek the death penalty, your honor.

This man isn't going anywhere, Ms. Turley.

Bail is denied.

[Sighing]

I'm very sorry. I'll be down to you in an hour, okay?

- Annabeth. - Hanna.

I hope your office isn't playing to the cheap seats.

Bob gunned down two attorneys on the steps of this very court.

The whole system, every attorney, judge and clerk

will want to see him receive the maximum punishment.

We'll have support for the death penalty.

Or a jury could decide that what my client did

if not justified, was certainly understandable.

Understandable?

They'll put themselves in his shoes.

A grieving father, screwed by the system.

Stop bluffing. Your office is overreaching.

Give me a plea offer I can take to my client.

- Voluntary manslaughter. - No plea.

- Annabeth... - We are not posturing.

We intend to pursue the death penalty to the end.

Well, um, maybe you'll change your mind when you read

our expert psych evaluation on

Mr. Peters' state of mind at the time of the shootings.

If you're mounting some sort of affirmative defense

we're entitled to have our own expert evaluate him, too.

The sooner, the better.

According to police, Peters' car was parked over there.

A reporter who followed him from the courtroom

told police Peters went to his car, removed something

from it and put it in his pocket.

The murder weapon.

Did he come straight to the courthouse?

The reporter said he stood by his car about ten minutes.

Hmm.

Plenty of time to think about the crime.

Hellman and joffe started their press conference.

(Ed) Peters came up and commenced firing.

How soon was that after the verdict?

Half hour, give or take. The verdict was read at 9:17 A.M.

- 'Shooting occurred at 9:51.' - That's good for us.

To get the death penalty, not only do we have to prove

he intended on killing, but that he lay in wait.

It's about as cold-blooded as it gets.

Only problem is, he couldn't aim.

[Upbeat music]

- You read the psych work-up? - I did.

Our expert's opinion, the stress of the moment

his judgment was impaired.

This does not rise to the level of murder, annabeth

much less the death penalty.

Let's see what Dr. Peron has to say.

(Bob on TV) 'Her name was Barbara sue Peters'

'and yes, David Hopkins killed her.'

of course he did, no doubt in my mind.

The jury saw it differently.

That's because these lawyers can say anything they want.

Twist the facts around, until the son of a bitch

seems like prince charming.

Tell me more about what happened after you heard the verdict.

How you felt.

I saw David Hopkins hug his two lawyers, and that was it.

I went to the car, got the gun and waited for him to come out.

- 'How long did you wait?' - 'Until I saw him.'

I don't know how long it was.

What were you thinking as you waited?

About Barbara.

How much I loved and missed her.

And how Hopkins was just going to walk away

from this whole thing.

Somebody had to make him pay.

How did you feel about Mr. Hellman and Ms. Joffe?

I hated them for getting Hopkins off.

For twisting my words and lying to the jury about Barbara.

Did you think about shooting them, too?

No.

My hands were shaking

and I already told you I was aiming at Hopkins.

But, after the first shot, you fired two more times.

Why?

David Hopkins was still alive.

And I wanted him dead for what he did to my little girl.

What happened next?

That lady lawyer fell. I couldn't believe it.

It was a terrible, terrible mistake

and I wish I could take it back.

I'm sorry.

And I wish to god I could take it back.

He is genuinely remorseful about what he did.

Genuinely sorry he didn't kill David Hopkins.

- It's still murder. - Manslaughter.

Sudden heat upon hearing the not guilty verdict.

Sudden heat? He bought the gun three weeks before the shooting.

And brought it for the express purpose of killing Hopkins.

He's going to be very good on the stand.

And the reasons he picked up the gun

might strike a chord with some people.

So might the fact that he knew what he was doing.

He intended to kill David Hopkins.

I had no idea Bob was going to do that.

My husband is not a violent man.

Did he ever say what he would do if Hopkins was acquitted?

We didn't talk much about the trial.

We just tried to get through it.

We thought that with all the evidence

David was bound to be convicted.

And Mr. Marinelli kept telling us what a strong case he had.

And then, everyday, we sat and watched while that..

Lawyer, Mr. Hellman..

Punched holes in it.

How did your husband react to that?

Watching the case go south.

The night before the verdict..

He had a drink.

[Dramatic music]

20 years sober, down the tubes.

You know, he blamed himself for this whole thing.

He worked with David, he introduced him to Barbara

'at a company picnic.'

she was our only child.

And that man took her from us.

"Motion to access case files

"in state of Indiana versus David Hopkins.

"Motion to depose John marinelli?"

You wanna depose the prosecutor in the Hopkins case

and his work products?

Files, notes, everything relating to the case.

Mr. Marinelli's work product is not discoverable.

It is, if a judge says it is. Its at the heart of my defense.

The thing that matters in the Hopkins case is the verdict.

That was your client's motive.

The prosecutor's constant assurances to Bob and Maxine

that Hopkins would be convicted is certainly relevant.

It laid the foundation for what subsequently happened.

How this office tried the Hopkins case is not at issue.

It is now!

The prosecutor gave Bob Peters unreasonable hope

about the verdict, and the acquittal traumatized Bob Peters

not because he's violent, but because marinelli misled him.

Misled him how exactly?

I need the work product to answer that.

Let me get this straight.

Even though Peters pulled the trigger

marinelli and our office are responsible

for hellman being shot and joffe dying?

You know what? You can distort my argument anyway you want.

Let's see what a judge says.

Turley wants to put this office on trial?

She's claiming marinelli mishandled the case

and misled Mr. and Mrs. Peters.

- Misled? - Gave them false hope.

Assured them Hopkins would be convicted and, when he wasn't...

Marinelli's conduct caused Bob Peters' sudden heat.

Which is a mitigating factor and obviates the death penalty.

That's what caused Peters to fire his weapon into a crowd?

Not that his daughter's killer was acquitted?

I don't think a jury will find that very persuasive.

On the surface, it's a kind of provocation argument.

Gives turley a way to ask for manslaughter instead of murder

and back us off the death penalty.

Pretty thin, assuming marinelli told me the truth

I don't think we have to worry.

I've known John. He's always been straight with me.

Get his files on the case. Make sure we have no surprises.

This office has nothing to hide.

Besides marinelli's horrible handwriting

I don't see anything out of the ordinary.

Looks like the evidence against Hopkins was strong.

Hopkins said Barbara fell while they were hiking.

Autopsy reports show there were bruises on her back and arms

that indicate she was thrown from the cliff.

'And Hopkins' timeline doesn't make sense either.'

hikers say they heard Barbara screaming for help

hours after Hopkins said she died.

Hellman never met a motion he didn't like.

He was able to minimize a lot of testimony and evidence.

Here's one signed by Kelly.

I remember the day she told me she was gonna work for hellman.

- I hope you warned her. - I did.

Kelly was a true believer.

We used to fight about it like cats and dogs.

She couldn't understand how I could be a prosecutor.

I couldn't understand how she could defend people

she knew were guilty.

This is interesting.

- What is it? - Marinelli's witness list.

Do you remember seeing the name Nick Baxter in the police files?

No. It wasn't in the trial transcripts either.

Which means marinelli never called Baxter to testify right?

Exactly.

Why would marinelli rush to add Baxter to the witness

list so late at the last minute?

Why go to all that and then not call him?

It's not that unusual. Someone tips you on a hail Mary witness.

Look into it, doesn't check out, you drop it.

Still, look at this.

He adds Baxter to his witness list here on the 20th

notifies hellman he intends to call him at the last minute

and then doesn't, for some reason.

Ask him.

Peters was angry about the verdict.

Understandably. So was I.

I don't see how my trial strategy is relevant.

Well, just the same, I asked Maureen

and annabeth to review the case files.

You find anything useful?

Who was Nick Baxter?

He's on your amended witness list, but you never called him.

- He didn't pan out. - Did you question him?

His deposition isn't in your files, either.

I didn't depose him. My investigator interviewed him.

No record of that either.

Is there something behind this witness we should know about?

No. It's nothing.

Baxter was a bartender.

He served Hopkins some drinks one night

and allegedly heard him rambling on about killing his wife.

So, we did a little digging and determined he wasn't credible.

Why not?

His story didn't add up, for one thing.

He perjured himself in a child custody case.

Hellman would've ripped him apart.

Did you mention Baxter to the Peters?

Not specifically, no.

Say what you're trying to say, annabeth.

You assured them David Hopkins would be convicted, right?

I told them we had a strong case and I had no reason to believe

we wouldn't get a conviction.

You never mentioned Baxter to them?

The last-minute witness that would seal the deal?

No, I did not.

Turley's going to claim you unrealistically built up

the Peters' hopes and made David Hopkins' acquittal

even more devastating than it had to be.

There's a lot of things I wish I'd done differently.

But for you to suggest that I didn't do everything I could

to win that case is just plain wrong.

- I'm not suggesting that, John. - I should've won it, I didn't.

- 'Why, what went wrong?' - Nothing went wrong.

'Doug did a better job telling his story to the jury than me.'

that's what it boils down to, doesn't it?

Who's got the better story?

If Bob wants to put his killing Kelly on me because of that..

I can't believe we're having this conversation.

Anything else I can help you with?

You let me know.

John, this isn't personal.

Yes, annabeth.

It is.

It couldn't be more personal.

I'd still like to know more about Baxter.

Let's have ed and ray talk to his investigator.

Something's not sitting right with this.

No, I didn't find Nick Baxter.

As far as I know, marinelli found him.

- Not what we were told. - Well, you were told wrong.

Marinelli sent me to see him.

- How did he find Baxter? - No idea.

We had four investigators working on the case.

Baxter's name never came up until marinelli gave it to us.

But you interviewed Baxter, right?

- Should be in the case file. - It wasn't.

- You remember the gist of it? - Baxter was serving him once.

Hopkins got drunk, you know, confessed to killing his wife

on a camping trip, pushed her off a ledge.

Made it look like an accident.

Baxter would've testified?

Yeah, if marinelli would've called him, but he never did.

Marinelli said you determined Baxter was not credible.

Oh, that's a load.

No. Baxter's story was good, you know? Rang true.

He perjured himself in a custody trial, though.

Look, my two cents..

Baxter would've been a powerful witness against Hopkins.

You know? But, hey, what do I know?

Marinelli is the one with the fancy suit, salary.

You know, his trial, his call.

You got any idea how marinelli found Baxter?

No. That's a good question.

Baxter told me I wasn't the only guy coming around

asking about David Hopkins.

- Somebody else got there first? - Name escapes me.

But, he was a private investigator.

'Working for?'

Hopkins' lawyer.

Doug hellman.

Vance didn't find Baxter. You did.

Tell me how.

Why do you care so much about Baxter?

He's a witness I never called in a case that's over

against a defendant that can't be retried.

Just tell me how you found Baxter.

I loved her.

Kelly.

- We all did. - No, it's not what..

Kelly and I were..

We were seeing each other.

- She never told me that. - Nobody knew.

We started dating during the trial.

Why didn't you recuse yourselves?

By the time we realized where things were going

it would've led to a mistrial.

Neither of us wanted that.

'We had a rule.'

we'd never discuss the case or even work, for that matter.

We figured we could keep it a secret from hellman, but..

It turned out he knew.

Did Kelly tell you about Baxter?

Kelly would've never done that.

She was incredibly ethical.

We never discussed the Hopkins case.

- Ever. - Then how did you find out?

One night, she was staying in my apartment.

She left her briefcase open with the file on Baxter right on top.

- Like she wanted me to see it. - Even so, why'd you look at it?

Why would you jeopardize your case?

The Peters' were calling me everyday.

Coming in to the office, waiting for me after court

desperate for good news.

And to be honest, the trial had started to turn.

I could feel the jury having doubts about my case.

It was so stupid, but once I knew

that Hopkins had confessed to Baxter

'i had to put him on the stand.'

but you didn't.

No.

Hellman?

Saw Baxter on my witness list and confronted me.

'He said he knew Kelly and I were involved'

and accused me of betraying Kelly to discover Baxter.

Let me guess. Hellman came up with a solution.

What were we going to do?

I could drop it and pretend like I never found Baxter

or hellman would expose us to the judge.

Either way, Baxter would never testify.

If hellman wasn't willing to go to the judge, you should have.

Yeah.

I should have. I know that now.

But I didn't.

What, no flowers, no candy?

I've been talking to John marinelli.

Well, he's made a clean breast of it, then, has he?

You should've gone to the judge.

And ruined Kelly's career just because she had the bad judgment

to fall in love with a prosecutor?

'What was I going to do? They were in love.'

I tried to protect her and marinelli.

Marinelli dumped a crucial witness.

No judge would have ever allowed Baxter to testify

and Hopkins still would have been acquitted.

Peters would have gotten his gun, Kelly'd still be dead.

Conlon's is not gonna see it that way and neither is turley.

There's got to be a way to fix this.

You have to do what's right, which means

getting justice for Kelly's family.

The position turley's put me in affects you, too, Doug.

Kelly was a lot like you, you know.

Stubborn, passionate to a fault.

I don't think you get

what's gonna happen if turley finds out.

I understand.

You could be disbarred.

Well, if I had it to do over again, I'd do the same.

You're saying hellman forced marinelli to Bury a witness?

He says he was protecting John and Kelly.

Getting an acquittal for his client was incidental?

Hellman's on the hook too, if turley exposes what he did.

Hellman is not my problem.

Turley is going to ram marinelli's misconduct

down our throat.

She's bound to find Baxter.

Our hope is the counter motion we filed

arguing the Hopkins trial is irrelevant to the Peters case

and therefore, not discoverable.

We should win, I can't see a judge allowing

turley to rifle through this office's work

product and personal notes.

Let's hope you're right.

Your honor, the Hopkins case couldn't be more relevant.

It is a factual basis

for the provocation that led to my client's actions.

Your honor, the jury verdict provoked Bob Peters

not prosecutor marinelli's private work product.

The material can substantiate my client's assertion.

Mr. Marinelli misled him

about the prospect of convicting Hopkins

for the murder of his daughter.

The defense has presented no evidence

that Mr. Marinelli ever made those assurances to Mr. Peters.

Your honor, that is precisely why

we want to depose Mr. Marinelli

and look at his papers on the case.

Miss chase, while I understand the need for privilege

in the prosecutor's office

I believe the attorney work product in this instance

is relevant to Mr. Peters' defense.

Therefore, I'm granting miss turley's discovery motion.

Your honor, this goes against case law and precedent.

If you have sensitive work product

you can always file for in-camera inspection.

You're worried about what I'm gonna find in the files?

'Course not.

Then why are you keeping me from seeing them?

Principle, Hanna, we can't have defense attorneys

rummaging through our notes.

Annabeth, I'm just trying to do my job.

And as long as the state of Indiana insists

on trying this as a death penalty case

I will do everything in my power to fight it.

How did it go with the prosecuting attorney?

He doesn't like being held over a barrel more than I do.

We prefer to deal with this in an up-front manner.

Not have it impact a high-profile case.

Marinelli is a problem we inherited

and he has to answer for it.

If need be, we'll make him an example.

Turley suggested she'd be open to a deal.

Take the death penalty off the table. That's what she wants.

Manslaughter, 20 years, no opposition to parole.

It may be better coming from you.

Let her know this isn't some game.

Done.

- Maybe I can charm her. - Good luck with that.

Mr. Conlon, a rare sighting in these humble precincts.

'To what do we owe the honor?'

I'll get right to it, miss turley.

The prosecutor's office acknowledges

your client's dismay with the verdict in the Hopkins case

but that ship has sailed. The jury acquitted him.

I don't think you're here to talk about double jeopardy.

We won the discovery motion, so offer us a deal

or give us the files on the Hopkins case.

Manslaughter, 20 years, no opposition to parole.

24 hours ago, you wanted to try this as a death penalty case.

We've reconsidered.

I'm guessing, marinelli notes and files

had a little something to do with that.

Offer's on the table.

Bob, I think you should take it.

20 years?

I may not be alive in 20 years.

You said we would take this to trial.

Yes, but they removed the death penalty.

That's, that's a good deal.

Not good enough.

I want people to hear my story.

Hear how I was led to believe that I would get justice

and how that was taken from me!

And I want justice for Kelly joffe and Doug hellman.

Convince him. We both know this is in his best interest.

Well, of course I'm going to talk to him.

But as you can see, he's fairly dug in.

If he changes his mind, let me know.

I'm still waiting on those case files.

Don't force me to go back to judge Jenkins

and get a contempt of court citation.

[Instrumental music]

Clock's ticking on her motion.

No choice. Comply. Hold it till tomorrow.

I need time to get my ducks in a row.

One of those ducks marinelli?

- He'll resign today. - What about hellman?

We're referring hellman to the ethics review board

of the Indiana bar.

Someone should let him know this is coming.

I will, he'll be at the church

paying his respects to Kelly's parents.

As long as you're there, talk to them.

Let them know about their daughter's relationship

with marinelli, before they read about it in the paper.

[Instrumental music]

Annabeth.

Mr. Joffe, I'm so sorry.

- Kelly was an amazing woman. - Thank you.

She always spoke so highly of you.

We offered Bob Peters a plea.

A plea?

Manslaughter.

A minimum sentence of 20 years.

20 years?

For killing my daughter?

He turned it down.

Now, if we go to trial

his lawyer is going to exploit something Kelly did.

Something she shouldn't have done.

Is this about John marinelli?

I know all about it. He called me yesterday.

He told me about his relationship with Kelly.

They loved each other.

Well, if it's unethical, I can live with that.

It's more than that.

I think Kelly may have

inadvertently given marinelli a crucial piece of evidence.

It's nice of you to say that it was inadvertent.

It wasn't.

Kelly told us she was sure that Hopkins had killed his wife.

If John marinelli found something

it's because Kelly wanted him to.

I think I'll just leave it at that.

Thanks so much for coming.

Can I have a word with you?

Still upset with me?

I understand what you did and why you did it.

I'm sure your boss has a dimmer view.

He's referring you to the ethics review board.

You're going to have your license revoked.

Turley's going to use this against us if we go to trial.

The judge tossed our counter motion to suppress.

Well, ask yourself this..

What does Bob Peters really want?

He wants justice for his daughter.

Of course, he does.

Now, we can't very well put Mr. Hopkins

back on trial now, can we?

At least, not for killing Barbara Peters.

What are you talking about?

We're in a very gray area here, annabeth.

How gray?

Gray.

After I saw you at the hospital the last time

I made a few phone calls, I got my investigator involved.

I had him put Mr. Hopkins under a microscope.

What did he find?

Nothing, until yesterday.

Now, it's my job to defend my clients against

whatever they're charged with now

and not pass judgment against something that may or

may not have happened 15 years ago.

15 years ago?

Jane darby.

I just accepted John marinelli's letter of resignation.

We need to hold sending marinelli's files to turley.

The last thing this office needs is to be slapped for contempt.

We can still make a deal with Peters.

That wasn't the impression I got.

What if told you there was a way to nail David Hopkins?

What are you talking about?

I think he murdered his college girlfriend.

- Are you making this up? - No, her name was Jane darby.

It happened 15 years ago, boating accident, supposedly.

Why wasn't this brought up at the Hopkins trial?

- Nobody knew. - How is it that you know?

A little bird told me.

What little bird? Doug hellman?

No comment.

Judge Jenkins put me on notice, he's gonna cite us

with contempt if we go one minute past the deadline

and turley doesn't have our material.

I'm stalling hard. I got off the phone with turley's office.

Told them we were still gathering information.

Tell me you got something we can use.

There was never a police report.

Just a coroner report.

Jane darby's death was ruled death by misadventure.

Drowned in a boating accident.

Hopkins was never even mentioned as the guy who reported it.

Accidental drowning's a long way from murder.

This case is 15 years old.

Evidence, is going to be hard to come by.

Were Jane darby's parents aware Hopkins

was tried for killing his wife?

They moved out of the state.

What are the chances they'll authorize an exhumation?

Already have, all these years, they have a lot of unanswered

questions about their daughter's death.

If she drowned, it's 'cause somebody caved her skull in.

- Why was it ruled a drowning? - Beats me.

She had water in her lungs so technically she did drown.

But there's no other way to explain the skull fracture.

- Would it have been evident? - Clear as day.

Head trauma, blow from a blunt object.

You should talk to the chief coroner

who signed off on this back in the day, if he's still alive.

How could he have signed off on this?

Chief coroners are elected in this state.

They're not necessarily doctors.

Some are good, some are bad, some are political hacks.

Guess which kind this one was.

Checked out the chief coroner who wrote the report.

He's retired now. Turns out he's a close friend of the family.

David Hopkins' father contributed to his campaign.

This is why most states have done away

with the coroner system.

So what was his name?

Harold Jensen. He wasn't even a doctor.

Before getting elected coroner, he sold medical supplies.

Proves my point.

So, Harold Jensen decided to look the other way.

Ruled it an accident because of the family.

The sheriff's office thought it was an accident.

So did the newspaper, there's no need to investigate.

The rails were greased him to go.

We're going to need a statement from him for the record.

When you heard David Hopkins had been accused

of killing his wife, why didn't you go to the authorities?

Tell them what you knew about Jane darby?

It wasn't that simple.

That boating accident was a terrible tragedy.

Accident?

A couple of college kids that were out there on the water

drinking, carrying on.

And after the accident?

David Hopkins' dad came to see me.

He asked me to spare the victim's family.

And you did this by signing off without an investigation?

We did our own autopsy on Jane darby.

If you had done your job and conducted a proper inquiry..

I'm not a doctor.

I never claimed to be.

But you knew.

I knew something wasn't right.

Even I could see that.

But the Hopkins were insistent that this was an accident.

'Best left alone.'

they asked me to close the case and I did.

You do see how this looks.

'I'm old, not blind.'

I know what you're saying.

Not a day goes by that I don't think about what I did.

I should have asked more questions, but..

But I didn't.

At the time, I remember thinking how..

How bright David's future was.

'How he had so much to look forward to.'

David Hopkins is a murderer.

He killed Jane darby, and if you'd done your job

then Barbara Peters would be alive today

and so would Kelly joffe.

That's a lot of ruined lives, Mr. Jensen.

'Stop.'

tell me..

How I can make this right.

You can start by giving a statement.

Tell the truth, at last.

We tracked down the boat rental guy.

David Hopkins and Jane darby were arguing that day.

We've got more leads, too.

College friends that'll testify

the relationship was on the skids.

With the coroner's statement and the evidence, we got enough.

Arrest Hopkins. Make sure his picture gets in the paper.

Our pleasure.

David Hopkins..

You're under arrest for the murder of Jane darby.

Jane darby?

There must be some mistake.

There's no mistake. You killed her. Game over, buddy.

Can I read him his rights? You always read them their rights.

Knock yourself out.

You have the right to remain silent.

Anything you say..

Oh... say "cheese".

You still haven't complied with judge Jenkins' ruling.

We've got something better to offer.

Manslaughter, 20 years was your bottom, take it or leave it.

It was. It still is.

Not interested. I want to go to trial.

David Hopkins was just arrested for the murder of Jane darby.

And who is Jane darby?

His college girlfriend.

We got a tip, went back and took a look

and this is what we found.

- He's done this before? - And this time he's going down.

How do I know this isn't some ploy to get me to settle?

We don't.

We're still prepared to take your case to trial.

But you wanted David Hopkins brought to justice and we have.

There's more than enough evidence to convict him.

I've heard that before.

I'm asking you to trust me.

The deal's still on, voluntary manslaughter, 20 years.

What do you want from me?

Stand before a judge and accept responsibility

for what you did to my friend, Kelly joffe.

Her parents are in agony because you decided to pick up a gun.

You need to take this offer

and spare them the pain and suffering of a trial.

I went to my car and got the gun.

I saw Hopkins standing on the courthouse steps

laughing, smiling, a free man.

That's when I started firing.

'I didn't even think about the other people.'

I just wanted Hopkins to pay for what he did to my daughter.

I can still see that young woman's face.

Miss joffe.

The look in her eyes..

After I shot her.

(Judge Jenkins) 'Under the terms of your agreement'

'do you plead guilty to voluntary manslaughter?'

yes.

Under the terms of this do you understand you will spend

20 years in a state prison

'before being eligible for parole?'

yes, I do.

Mr. Peters, is there anything else you'd like to say?

Nothing I can say or do..

Can sufficiently express..

My grief and my sorrow over killing your daughter.

I'm going to have to live with that

for the rest of my life.

[No audio]

Nice work in there.

Found a way out of that mess.

Doug hellman owes you, too, big time.

Something tells me he won't exactly see it that way.

- I'll see you at the office. - Okay.

Thank you so much.

Thank you, for everything.

You're welcome.

I appreciate what you did for me, annabeth.

- Shoulder. - Oh. Sorry, sorry.

So, you got a good result there

considering the circumstances.

Well done.

Just doing my job.

- You're far too modest. - And I had a little help.

Uh, about this gray area..

What gray area?

I'll see you in court, then.

We can continue our dance.

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