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These are the user uploaded subtitles that are being translated: 1 00:00:02,585 --> 00:00:04,796 [Dramatic music] 2 00:00:26,776 --> 00:00:29,988 (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 00:00:41,583 --> 00:00:43,793 [sobbing] 8 00:00:45,045 --> 00:00:46,588 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 00:01:20,747 --> 00:01:23,166 [Gunshots] 12 00:01:23,208 --> 00:01:26,419 [Clamoring] 13 00:01:28,505 --> 00:01:30,924 (Male #1) 'Stay down.' 14 00:01:33,468 --> 00:01:36,679 [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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