Original subtitles

[Intense music]

[No audio]

[Music continues]

[Girl crying]

[Music continues]

Why'd you call us? What about your investigation?

We didn't know what to do with him. Wanted some..

Guidance from the prosecutor's office.

She was in the car?

Mother's coming to pick her up.

He got out and fought in front of her?

- Where is this genius? - He's in with his attorney.

A cop said his first call was 911, second was his wife.

And third was his lawyer. So who is he?

Greg Paulson.

English professor, central Indiana.

English professor?

(Annabeth) 'This guy killed someone in a fight?'

road rage. Says the other driver attacked him.

He fought back.

Looks like a lover, not a fighter. Alcohol?

He did take a voluntary breathalyzer at the scene.

- Not a drop. - Who's the victim?

According to his driver's license, Mark riggs.

Coroner's prelim, blunt force trauma, fractured skull.

- Broken right forearm. - Defensive wound.

- That'd be my guess. - Weapon?

Bloody crowbar next to the body.

- Whose crowbar? - Probably the victim's.

There were some loose tools in his pickup, a hard hat.

A construction worker, carpenter.

Anything else?

Passenger side window of Paulson's minivan was smashed.

Few pieces of glass in the kid's car seat.

We're lucky she wasn't cut up.

- Witnesses? - It was dark, happened fast.

- In other words.. - We're working on it.

There's nobody helpful yet.

[Knocking on door]

Annabeth. So glad you're here.

My client's ready to talk.

You're letting a client talk, Paul?

That's a novel strategy.

Well, you know the adage, annabeth.

The truth will set you free.

Do I look like the kind of guy who'd start a fight?

Or finish one? I teach chaucer for god's sake.

I wanted to get home with my daughter

and have dinner with my wife.

- Guy cut me off. - Did you provoke him?

Flip him off, honk your horn?

Not until he swerved in front of me.

He blocked the road, wouldn't let me pass.

I honked. I got out to talk to him.

And... he just went off on me.

Why didn't you back up and drive away?

I would have. But there was a car behind me. I got blocked.

You left your three-year-old in the car, Mr. Paulson.

I just wanted to talk to him.

I didn't think he was going to attack me with a crowbar.

Where did he get the crowbar?

Maybe from the back of his truck.

Alright, walk me through exactly what happened

when you and riggs got into this.

- That's his name? - 'Mark riggs.'

oh.

He pushed me. He started yelling.

- And you pushed back. - Just to keep him away from me.

Why not get back in your car?

Mr. Paulson wasn't the aggressor here, miss chase.

Under Indiana law he had no duty to retreat.

I wanted to, believe me. Then suddenly he's holding a crowbar

slamming it at Courtney's window.

He shattered it into a million pieces.

I mean, thank god for safety glass.

At that point, I had no choice.

I had to protect her, fight back.

How did you get the crowbar away from him?

I don't know how. I just went berserk.

Into another zone. Managed to wrestle it away from him.

- And then? - I told him to back off.

He just kept coming, so, uh... I hit him.

- How many times? - Once.

- Just once? - Mm-hmm, in the head.

And then he just collapsed.

I just wanted to keep him away from Courtney.

Miss chase.

- Hi. Sarah Paulson. - Hi, Mrs. Paulson.

- Are you releasing Greg? - Not tonight.

It wasn't his fault. He said that man attacked him.

We're looking into his story, Mrs. Paulson.

There's some things we need to clear up.

Please, just let him come home with me. With us.

(Annabeth) 'I'll talk to my boss in the morning'

'and we'll decide how to handle this case.'

then you'll let him go?

We have 72 hours to decide

whether to charge him or release him.

Come on, sweetie.

You notify riggs' family?

Yeah, we're looking for his next of kin.

Contact number in his wallet. Linda Miller.

Just two guys driving home, huh?

Yeah, should've stayed in the car.

Yeah, he should've.

Alright, let me know when you get the forensics.

An English professor with a nice wife and a little kid.

I know. It's easier when they're scum.

[Intense music]

[Police siren wailing]

They were pushin' and shovin'. Using the worst language.

'Did you see either man with a weapon?'

- no, just their hands. - Then what happened?

I went back inside to call 911.

When I came out again, it was all over.

As I pulled up, they were getting out of their cars.

- You know, bring it on. - Who got out first?

The guy in the pickup, I think. But both of them were angry.

Yelling and cursing, "what the hell are you doing?"

- You didn't stick around? - Didn't seem that serious.

Just two guys blowing off steam at the end of a hard day.

I did call 911.

I was listening to radio news

and I heard a car window being smashed.

We've had some break-ins here recently

so I found my glasses and I went outside.

How long did you take to find them?

Few minutes. They were upstairs.

I don't need them for the radio.

And then? When you went outside?

One man was laying on the ground.

Another man was standing over him, holding a crowbar.

'The man on the ground wasn't moving.'

[intense music]

So where are you with the appeal?

- Which? - Vehicular homicide.

The guy who killed annabeth's husband.

- Trent bishop. - Bishop.

I'm working on the reply brief.

Is it a formality or does bishop really have a chance?

Afraid so.

Breathalyzer hadn't been recalibrated.

You're kidding.

Plenty of precedent for granting him a new trial.

- Does annabeth know? - She asked to stay posted.

I'll show her the completed draft.

Hopefully, we can wrap this up quickly.

I don't want her to relive this whole ugly experience

over a technicality.

The professor versus the carpenter.

So, self-defense or something else?

Eyewitness testimony is inconclusive.

No one saw either man take the crowbar from riggs' truck.

Paulson claims riggs attacked him, smashed in his car window

'but forensics don't match.'

'riggs' fingerprints aren't on the crowbar.'

- but Paulson's are. - 'Yeah, what you'd expect.'

but he also struck riggs twice.

The first blow broke riggs' arm, trying to defend himself.

Paulson didn't need to hit him on the head.

- He was no longer in danger. - If he had ever been.

Let's see how he defends himself against a murder charge.

Street fights, road rage, not great witnesses.

'Wouldn't manslaughter be an easier charge to make?'

charge high, leave yourself some room to negotiate.

We may need it. Our victim, riggs, had a record.

- 'Dui, misdemeanor assault.' - Assault?

'Yeah. Few years ago. Some kind of scuffle at the county fair.'

he'd pled guilty, 20 hours community service.

Let me guess, professor Paulson has no record?

Not even an unpaid parking ticket.

Sympathetic defendant, unsympathetic victim.

Paulson may be sympathetic but the evidence says he's lying.

The second blow, the fingerprints.

'Professor Paulson claims self-defense'

against a guy who's bigger than him

has a record of assault and dui

'who cuts him off in traffic, confronts him on the street.'

jury might find that persuasive.

This case is going to come down to character.

Riggs versus Paulson.

From what I just heard, Paulson's got it hands down.

The murder of Mark riggs, Mr. Paulson, how do you plead?

Not guilty, your honor. The defendant was acting

in self-defense and to protect his child.

We plead his release on his own recognizance.

This is a murder charge, your honor.

Not a moving violation. We ask the defendant be remanded.

'Mr. Paulson has no criminal record'

tenure at the university, strong ties to the community.

Bail is set at $200,000. Cash or bond.

(Paul) 'Thank you, your honor.'

I'll see you downstairs.

Why so adamant, annabeth?

Paulson's hardly public enemy number one.

Paulson left a child he was supposedly trying to protect

in the car alone while he confronted riggs.

Is this about leaving the kid in the car?

Forensics indicate Paulson was the aggressor.

He also lied to the police and this office about what happened.

Not lies, he gave contradictory statements under stress.

The lack of prints on the crowbar doesn't mean anything.

It will to a jury. Your client picked up that crowbar, Paul.

He struck Mr. Riggs twice, not once.

The second time after disabling him.

There's no way this was self-defense.

- Broken window in the mini-Van? - Paulson broke it himself.

Anyone see him do it? Didn't think so.

When you're ready to be reasonable, call me.

You'd be open to a deal?

Well, if it involves dropping the charges.

Have a nice day.

We need to paint a picture of these two men for the jury.

I'll take riggs.

Let's talk to the guy riggs assaulted.

See if his testimony will soften the jury.

We ever reached that emergency contact?

Linda Miller, his ex-wife.

See if she has anything nice to say about him.

I'm sure she won't have nice things to say about him.

Mine does.

I didn't know you've been married.

Neither does she.

I'll look into Paulson and see what kind of family man he is.

The kind who fights in front of his kid.

(Williams) 'Why was she with him?'

he picked her up from day care

- on his way home. - I'll check that out.

It would be nice if one of you could talk to Mrs. Paulson.

She and annabeth already spoke so I'll go.

Why would she open the door?

She left her daughter's blanket at the precinct.

I know, it's a long shot.

Well, it might work. At least it's a reason to knock.

As fathers go, he was pretty involved.

Picked up Courtney almost every day after work.

That day, what kinda mood was he in?

Foul. He was running late. It was getting dark.

I was anxious to lock up and go home. He seemed stressed.

Courtney was cranky, she wanted to go home.

He yelled at me like it was my fault she was the last here.

- Is he usually bad-tempered? - 'A lot. With everyone.'

- huh. Seems so mild mannered. - Used to be.

He really changed a lot after his little boy died.

- He lost a child? - About a year ago.

Andrew. Three.

Beautiful boy.

Hit by a car right in front of their house.

- Man, that's tough. - Yeah.

Ever since that happened

Mr. Paulson's just been mad at the world.

- I would be. - Me, too. No question.

Tell me exactly what happened that day with this guy riggs.

- You're at the fair.. - In line to get ice cream.

My kids are goofing around.

You know, not misbehaving, just rambunctious.

Suddenly, this guy's going off on me.

Yelling, telling me to control my kids.

Poking me in the chest with his finger.

The kids start screaming and crying.

It was a scene. Spoiled the day.

- So you pressed charges. - I thought twice about it.

I heard he pled to a misdemeanor

so tempers stay in the tea pot, huh?

You say you thought twice about it.

His ex-wife called me, asked me to cut the guy a break.

Said he'd been going through a rough time.

- Did she say why? - No. I didn't ask.

My husband's lawyer says I shouldn't talk to you people.

Mr. Boscoe's right.

We can't compel you to tell us anything

your husband might have told you that night.

It's privileged.

But I thought you might want to talk about Greg in general.

Why would I want to do that?

We've been told your husband's

been mad at the world since your son died.

He's been upset. I have too.

We just... Deal with it differently.

I thought you might wanna soften the picture of him a little.

Why would you want to? You're prosecuting him for murder.

We're not monsters, Mrs. Paulson.

We wanna know what really happened that night.

Maybe this whole tragedy doesn't have to end with a trial.

Greg has been depressed. Distant.

I can understand how people think he has a temper.

He is angry, but not at the world.

He... blames himself for what happened.

Why? What happened?

[Instrumental music]

I wasn't home. I had taken Courtney and gone shopping.

They were out in the yard playing.

Andrew ran into the street.

I'm so sorry.

I can't imagine what that must feel like.

There are mornings you don't think

you can get out of bed and face the day.

But... we have Courtney, so we have to..

I mean, it's good. She gives us both a reason to go on.

[Music continues]

'The day after he died, I hadn't read the paper'

and no one phoned me yet.

So I phoned him to ask for help in trimming the hedges.

You stayed close, even after your divorce?

Closer, actually.

We'd spent years watching Jenny die.

That's not an experience anyone else can ever understand.

- Jenny? - Our daughter. Leukemia.

She was five when she got sick and nine when she died.

After she died, I went to bed for five months

and Mark went drinking. You gotta cope, right?

- Right. - Anyway..

Every time I looked at Mark I could only see Jenny.

And I'm sure it was the same for him. So we split.

When did you two..

After the divorce, Mark got involved

with a support group for grieving parents.

Pulled himself together.

He called me to see how I was doing

and we started talking again.

We heard he had some trouble. Dui, scuffle at the county fair.

All that was the year after Jenny died, but he'd changed.

This group had really helped him.

That's why I was surprised to hear he got into a fight.

- Where does this group meet? - Over at St. Stevens.

Jesse Abrams, he's the leader.

I was sick when I heard what happened to Mark.

You knew him pretty well?

We spoke at length probably four times a week

for the past year and a half.

I got to know Mark inside and out.

His ex says you helped turn him around.

She gives me too much credit.

Mark turned himself around.

Threw himself into this work, heart and soul.

His way of mourning Jenny.

- Threw himself into it? - He counseled other parents.

Did outreach work for us at local hospitals.

- He was good at it? - He'd been through it himself.

He could talk to a parent who'd just been told

his or her child had died.

- That's not easy. - What would he tell them?

He'd stay with them, comfort them.

Contact them a few days or weeks later.

Tell them about the group.

Ask them if they'd like to come to a meeting.

You keep records of those meetings?

Regular members and guests.

I can fax it to you.

What about the people he counseled?

That list I can give you right now.

[Intense music]

I'll be damned.

Greg Paulson?

Riggs counseled him after his son died.

So Paulson lied about knowing riggs.

He's been lying from the get-go.

They certainly weren't total strangers.

After they met at the hospital riggs invited him to the group.

June of last year, Paulson went to two meetings at St. Stevens.

I pulled a police report on the accident.

Paulson and his son were playing hide-and-seek on the front lawn.

He lost sight of his son

who ran out into the street and got hit by a car.

Sad story. Think they might try to use it with the jury?

How is that relevant to a self-defense claim?

State of mind.

I hope the judge doesn't allow it. However, if he did..

They might pity him and forgive him for his inconsistent story.

Inconsistencies?

At this point, going in front of a jury could be dodgy.

Maybe we could use the lie to leverage Paulson

to take a manslaughter plea.

We haven't even scratched the surface here.

Why would Paulson kill someone

trying to help him mourn his son's death?

If we find out what they fought about that night

we'd have a motive to support the murder charge.

If we could, we might or we might not.

Offer Paulson voluntary manslaughter

and let's put this to bed.

Your client lied to us, Paul. He knew Mark riggs.

You keep accusing him of that.

He didn't lie, just didn't mention it. How is it relevant?

It's still a road rage incident

whether they knew each other or not.

I thought we were gonna talk about a plea.

Voluntary manslaughter, ten years.

Four suspended for mitigating circumstances.

Voluntary man, ten years, two suspended.

Eight years, Greg.

Make parole, you'll be out in four.

Done.

Tell me what happened that night.

We knew each other from the grief group. That's true.

But I hadn't seen Mark in months.

When he got out of the car, he looked familiar

but I barely remembered him. It was dark and..

It wasn't until afterwards that I realized that it was him.

- What were you fighting about? - Well, it happened like I said.

He cut me off. I don't know why.

You're still claiming this was a traffic altercation?

Maybe he was irate because I honked my horn.

He came at me with a crowbar and smashed my window.

I had to defend myself and my daughter.

You told us you hit him once.

The coroner's report is irrefutable.

I don't remember hitting him the second time.

I was in a state, I was fighting for our lives.

- You were enraged. - I was scared to death.

Even if that were true, your first blow broke his arm.

You were in no danger when you struck the lethal blow.

I didn't know that.

I don't believe you. You're a liar.

Annabeth, that's uncalled for.

You've lied to us from the beginning and you're lying now.

That's the story that I've told all along

and that's the only story that I'm going to tell.

Then we have a problem

because I'm not gonna let you lie to the judge.

Annabeth, please, we can make this deal.

Last chance, Mr. Paulson.

- I already told you. - 'If that's a challenge..'

I'll take it.

And you'll be sorry I did.

I asked you to settle the case.

I thought his proffer was a line.

I didn't think judge lathrop would accept it.

He would've accepted it. I accepted it.

Paulson accepted it. Everyone but you.

I'm not comfortable settling with no idea

of what really happened.

That isn't your job.

Your job is to accurately assess the strength of the case.

Ambiguous evidence, inconclusive witnesses

sympathetic defendant, semi-sympathetic victim.

This wasn't road rage. They were fighting about something else.

- You're not sure. - I'm trying to find out.

We got permission from riggs' ex-wife to search his apartment.

Ed and ray can go over there right now.

You have two days to show me something.

Otherwise, we go back to boscoe, and we make the deal.

- Two days. - Okay.

[Dramatic music]

The riggs family, they look like they were happy.

Family pictures always look happy.

Right, who hangs the ones where everyone looks miserable?

His daughter dies, his whole life changes.

The death of a child rocks your world.

Drinking, assault, arrest, losing his wife.

It's like a punishment.

What did he do other than have a kid who got sick? Nothing.

He made something out of it in the end.

The support group.

Look at these.

Recognize the names?

Recognize this one. Paulson.

Must be the people he counseled.

This is all about the Paulson's son.

Name, birthday, anniversary of death

favorite food, toys.

Pictures.

(Ed) Sarah Paulson.

Maybe riggs counseled her, too.

Maybe.

He must have.

'They went to calvary cemetery together'

where Andrew Paulson's buried.

Almost every Tuesday for the past year.

Almost every week. Regulars.

What was their routine? What would they do?

Go to the gravesite for a while

sit, hold hands, maybe walk around, talk.

Sometimes they'd even pack a picnic lunch

spend the afternoon.

What was your impression of their relationship?

Really good. Better than most couples grieving a child.

You thought they were a couple?

The parents? Yeah. Definitely.

- They told you that? - You can tell.

They'd touch, console each other

and they always came together.

- Together? - A lot of parents come alone.

Grieve separately.

It's too painful for them to be together.

They blame each other or whatever.

These two were definitely helping the other one

get through this.

Weekly visits to a cemetery hardly prove

Mark riggs and Sarah Paulson were having an affair.

They talked on the phone several times a day for months.

And according to Mark riggs' calendar

they also met in restaurants, coffee shops

'even his apartment occasionally.'

he was counseling her.

Oh, is that what it's called nowadays?

Greg Paulson was so distraught over his son's death

he temporarily checked out of the marriage

and Sarah needed someone to confide in.

- Riggs. - They fell in love.

I'm still not making the leap.

Look at the timeline of the phone calls.

'Riggs meets Paulson at the hospital'

'Andrew dies, a few weeks later, riggs brings Paulson'

'to two grief group meetings at St. Stevens.'

that's where their relationship ends.

No more meetings, no more phone calls

between riggs' and Paulson's office.

But for the first time a few weeks later

riggs calls up Paulson's home and talks for almost an hour.

And you think he talked to Sarah Paulson, why?

Riggs never calls up Paulson's home number again

only Sarah's cell phone, which he calls all the time.

Until this day, shortly before the murder

'when the connection between Sarah and riggs ends.'

one of them broke it off. Or Paulson found out.

- An affair? - What else?

They obviously were trying to keep

their relationship secret from her husband.

And that's what riggs and Paulson fought about that night?

I think so. I wanna ask Sarah about it under oath.

Alright. Depose her.

I lied because I didn't want to cause Greg any more trouble.

You were having an affair with the man

your husband killed, and you knew how that would look.

Could you not call it that, please?

- 'What would you call it?' - A friendship.

We have phone records, photos of the two of you together

notes of the times you met at the cemetery, his apartment.

I know that it looks like an affair, but it wasn't.

Well, whatever it was, how did it start?

Mark called the house, looking for Greg.

I told him Greg didn't want to continue going to group.

He said he understood that.

And then he asked how I was doing.

And that just opened the floodgates.

We talked about Andrew.

Greg and I weren't talking about Andrew

or anything else for that matter.

And Mark riggs understood?

He had lost a daughter and a marriage.

He knew exactly what I was going through.

That was the beginning.

Did your husband know about this relationship with Mark?

He knew we were spending a lot of time together.

He knew Mark and I were close.

He asked me to break it off with him.

Is that why you stopped seeing each other?

My relationship with Mark was so intense.

At a certain point, I felt I was betraying Greg.

So I told Mark I wanted to try and get my marriage back.

What did he say?

He said he was in love with me.

But for Courtney's sake and for mine..

He hoped that Greg and I could work things through.

I really thought he was okay with it.

Do you believe Mark riggs confronted

your husband that night?

I think when I rejected him, Mark sought Greg out

and attacked him and put our daughter in danger

and I feel responsible.

If I hadn't spent so much time with Mark

Mark never touched that crowbar, Sarah.

Your husband is lying to you.

We know what your client and Mark riggs were really

fighting about that night. Sarah Paulson.

Ah, yes, Mark riggs, Sarah Paulson's spurned suitor.

Spurned suitor?

Did you pick up a few new phrases

from one of professor Paulson's classes?

Mark riggs was in love with Sarah but she wasn't.

I beg to differ, I talked to her, it's obvious how she felt.

And she told you what?

- They were just friends. - Exactly.

Riggs fell in love with her. It was unrequited.

He attacked my client in a rage.

My client knew nothing of riggs' obsession

until riggs attacked him.

He knew they were having some kind of relationship.

He asked Sarah not to continue it.

That would convince a jury he was aware of their affair.

You don't believe that.

It doesn't matter what I believe.

It matters what Greg Paulson believed

and if he believed about his wife's affair

with riggs, it explains why he killed him that night.

What really matters is what the jury believes.

We think they'll believe us, not you.

Mr. Paulson told the police he was attacked

by a stranger with a crowbar.

This is a lie.

In fact, he knew the victim Mark riggs quite intimately.

Mr. Riggs had counseled him over the death of his son

and then Mr. Riggs counseled Sarah Paulson.

The evidence will show that Greg Paulson believed

Mark riggs was having an affair with his wife.

Mark riggs did not attack Greg Paulson with that crowbar.

It was the other way around.

What Greg Paulson did to riggs that night was not self-defense.

It was murder.

This case is about one thing whether Greg Paulson

was legally justified in defending himself

and his daughter from Mr. Riggs' attack.

Mr. Paulson wasn't jealous of a love affair between Mark riggs

and Sarah Paulson because there wasn't one.

Mark riggs loved Sarah Paulson

but she did not love him back, not in that way.

This isn't about a jealous husband.

It was Mark riggs who was jealous

jealous of the paulsons' marriage, resentful

that a woman he had cared about and had helped

and had fallen in love with was not gonna leave

her husband for him.

You will hear from Sarah Paulson

who'll tell you about the exact nature

of her relationship with Mark riggs.

You'll hear from an expert witness

who will shed light on Greg Paulson's state of mind

the night Mark riggs attacked him.

And you'll hear from the one person

who knows exactly what happened that night.

Greg Paulson will tell you himself

the fear he felt when Mark riggs took that crowbar

and smashed that window.

Spraying glass on his three-year-old daughter.

The question in this case is not why Greg Paulson

responded as he did that night.

It is how we would judge a father who did not?

(Bosco) 'What did your husband tell you when he called you'

- 'the night of the incident?' - He said Mark had attacked him.

- Did he say why? - He wanted me..

To leave my husband. That's what Greg said.

When did you end your friendship with Mr. Riggs?

A few days before he attacked Greg.

So you broke off your relationship

with Mr. Riggs, and a few days later

he attacked your husband?

Objection.

Sustained.

After your son died, Mark riggs counseled your husband.

Briefly.

He went to a few meetings

but, um, he wasn't interested in Mark's help.

But you were.

Mark helped me a lot.

Did the two of you fall in love?

Yes.

Did you have an affair?

It wasn't an affair.

We became very close friends.

Very close friends.

Which meant you spent a lot of time together?

Um, I don't know.

'How many times a week did you see Mr. Riggs?'

three or four.

How often did you speak to him on the phone?

- Every day. - Every day?

Yes.

Did you ever visit your son's gravesite with Mr. Riggs?

Yes.

Every week, in fact.

You met him in coffee shops, bars, at his apartment

and all behind your husband's back.

(Sarah) 'I needed a friend.'

Mark helped me grieve, but that's all it was.

It wasn't an affair.

Do you think it may have been construed as an affair?

That's what you seem to have done.

What about your husband?

'Wouldn't it have looked like an affair to him?'

no.

Well, then, why keep it a secret?

And when your husband did find out you'd been

spending so much time with Mr. Riggs?

When he found out, he said he'd rather I didn't.

He specifically asked you not to see Mark riggs anymore?

Yes.

- And did you do as he asked? - Yes.

And when you ended the relationship with

Mark riggs, what was his reaction?

He was disappointed.

He said he was in love with me.

Sarah, did he seem angry?

- No. - What did he say?

He said he hoped I could save my marriage.

No further questions.

Dr. Eaton, what did you hope to glean

from your interview with professor Paulson?

An understanding of his cognitive abilities

and of his personal history as they might relate

to the night of his conflict with Mr. Riggs.

And what did you conclude?

That there was an aspect

of his personal history that very well may have induced

in him a reasonable fear for his life

'and for the life of his child.'

and what aspect of his past are you referring to?

'The death of his son a little more than a year ago.'

objection. Relevance.

This experience is absolutely relevant

to Mr. Paulson's claim of self-defense.

It framed his perception of the event

and what was happening.

Sidebar, your honor.

I think chambers instead.

What're you pulling, Mr. Bosco?

Marching a dead child in front of my jury.

That's not my intention, your honor.

'What is your intention?'

to establish Mr. Paulson's state of mind.

How does the child's death do that?

Mr. Paulson witnessed his son's death.

When Mr. Riggs drove that crowbar into the window

spraying glass on Mr. Paulson's three-year-old daughter

his experience shaped his perception of that act

as a threat to his daughter's life.

The details of Andrew Paulson's death are irrelevant.

Allowing Mr. Bosco to garnish his defense with them

would be improper, naked appeal for jury sympathy.

Brand vs. State of Indiana.

A self-defense case where the court ruled admissible

testimony about prior events that formed the basis

of the defendant's fear.

In brand, those events were things the defendant

knew about the victim's past, not events completely

unconnected to the victim.

They were admitted to establish the defendant's perception.

That's all that matters here.

If Mr. Paulson is still taking the stand

Mr. Bosco, I agree with you

but I will not allow the jury to hear

theoretical testimony without hearing about

those experiences directly.

He still intends to testify, your honor.

Then I will allow the jury to hear about his son's death

solely as it relates to his state of mind

at the time of the fight.

Lathrop bought that?

Guess he figures it's better than being reversed on appeal.

It's clearly a bid for jury sympathy.

The question is, how to counter it?

I'm not sure we do. Maybe we ignore it.

Let the jury see it for the cynical tactic that it is

and hammer Paulson with the fingerprints

the witnesses, the affair, his own admissions

and inconsistencies.

We have to go right at him. Who knows how

'he'll twist the story to convince the jury?'

Maureen, he's lied about everything else.

He's probably going to lie about that.

I've read the police report. I'm unsure of relevance.

I'm going to show it to ed and ray.

Have them go over to the paulsons

and walk through the accident, talk to the witnesses.

I'm not letting Paulson use his son's death like this.

[Dog barking]

You sure?

Never forget it. That poor little boy.

And Mr. Paulson?

I didn't see him.

- He wasn't there? - Not then.

A few minutes later, out in the street

we were all there.

Driver of the car was crying.

Everybody was calling 911. Just waiting on an ambulance.

Alright. Thanks, ma'am.

'If she was standing there didn't see him'

on the front lawn, where was he?

Next door neighbor also says she didn't see him

out in the yard.

It's not much, but it could be somethin'.

Paulson told the patrol officer on the scene

he was on the front lawn.

Saw Andrew running into the street.

But neither of the witnesses saw Paulson on the lawn

and both had a clear view of the accident.

So he's lying?

- Of course he's lying. - Then where was he?

Let's assume that Paulson made a mistake

that day and then lied to the police.

'If he did, it's perceivable '

he couldn't tell his wife the truth.

So how do we prove it unless he told someone the truth?

Maybe he told riggs at the hospital

immediately after Andrew's death.

Would riggs have told anyone? His ex-wife, maybe?

Jesse Abrams, the grief counselor at St. Stevens.

But he didn't remember Paulson. He didn't recognize his picture.

He wouldn't have to remember Paulson

he just has to remember the story.

I can't reveal names.

But, tell me what you know. I'll see what I remember.

Fair enough. About a year ago, a man's playing hide-and-seek

on his front lawn with his son.

Boy runs into the street, father says he watched him

get hit by the car.

Happened out in shadyside, right?

Yeah.

I remember Mark telling me that story.

Do you remember the details?

Of the hide-and-seek story? No.

'Cause that wasn't the story.

What do you mean, "that wasn't the story"?

That was the lie the father told people.

He told Mark the truth, that's why he talked to me about it.

People lie to each other about a lot things when a child dies.

'You grabbed the crowbar from Mark riggs.'

I struck him.

- 'How many times?' - Twice.

I hit him the first time, he kept coming.

I hit him again, he went down.

Why did Mark riggs attack you that night?

He said he was in love with my wife.

(Bosco) 'So, he blocked the road and confronted you.'

yes.

What did you think was happening?

I was scared. I knew he was angry.

I-I thought he was stalking me.

'You felt threatened.'

very. We argued.

He smashed the window of my car.

My daughter was inches away.

- 'How did you react to that?' - 'She was terrified.'

'i needed to protect her.'

I kept having an image of Andrew

running into the street.

Right before he was..

Struck by a car.

And how is Andrew relevant to what we're discussing today?

He was killed by a car last year

when he was three years old.

How did that happen?

We were playing hide-and-seek in the front yard.

His turn to hide.

I closed my eyes not ten seconds.

And then when I opened them, he was running into the street.

And a car was coming right at him.

I saw it hit him.

I watched my son die.

(Bosco) 'Why did you think of this tragedy'

'when Mark riggs smashed the window of your car?'

simple.

I thought I was about to lose another child.

Mr. Paulson, you saw the car hit your son. Is that right?

Yes.

Are you familiar with the police report?

I know there is one. I haven't seen it.

"We were playing hide-and-seek."

"I had my eyes closed when I heard

"the screech of the car's brakes.

"I opened my eyes and saw the car hit Andrew."

He wrote it down. Guess I said it.

Where were you playing hide-and-seek?

The front lawn.

Is your front lawn visible from your neighbor's property?

Yes.

Two of your neighbors witnessed the accident

that killed your son.

They both told the police, they didn't see you

on your lawn that day.

I'm not sure I get your point.

Mr. Paulson, where were you when Andrew was hit?

- On the front lawn. - No, you weren't.

And Mark riggs knew it. He knew your secret.

Isn't that why he confronted you that night?

'Objection, your honor, facts not in evidence'

badgering the witness, I could go on and on.

No need, Mr. Bosco, sustained.

Mr. Paulson, where were you when your son was killed?

- 'Asked and answered.' - Sustained.

You told Mark riggs, you were on the phone.

I never told riggs that.

Jesse Abrams will testify that you did.

We went back and pulled your phone records from that day.

You were on the phone at the exact moment

your son was hit by that car.

I..

I thought it might be Sarah.

So I ran inside to grab the phone.

I-I wasn't gone a minute.

Is that when you heard the screech of the brakes?

From inside your house?

Yes.

You couldn't tell your wife the truth, could you?

But Mark riggs was going to.

Voluntary manslaughter, ten years.

- Mitigation? - That deal disappeared.

Paul, he does all ten.

Do you have kids?

One, daughter.

We have three.

You ever get distracted, maybe lose sight of her

for a few seconds?

Of course.

What happened to him could happen to any of us.

Yeah. But how he reacted to it..

That was a choice.

Yeah.

Riggs asked me to tell Sarah the truth

about Andrew's death.

He said he loved Sarah

and she deserved to know.

So she could go forward with her life

knowing the truth.

That's why he confronted me that night.

To give me an ultimatum.

Either I tell Sarah the truth or..

He would.

I knew I couldn't.

I was afraid that she would never forgive me.

I was afraid that she would leave me for him.

I grabbed the crowbar from his truck and hit him.

I took Courtney out of the car and broke the window.

To make it look like he had attacked us.

I'm so sorry.

[Dramatic music]

My reply to the bishop brief.

You still want to read it?

That was our deal, right? Every painful detail.

The gist of his appeal he's claiming the breathalyzer

hadn't be calibrated in over six months

which violates the statute.

Do we know if that's true?

Police department's having a hard time tracking down

the certificate to prove otherwise.

If they can't find it, is bishop's conviction

automatically overturned?

Not automatic, but, likely.

Ed's still chasing the certificate.

You mind if I read this like a lawyer?

Just keep in mind I wrote it like one.

It may be hard to see Jack's death reduced to legalese.

I'll try.

'How'd the sentencing go?'

lathrop ignored our recommendation

and gave him six years instead of ten.

Lathrop doesn't do that.

Sarah Paulson asked him to show mercy

convinced him her husband was a good person

before their son died.

You're unhappy with the sentencing.

Mark riggs was a good person, too.

Before his child died and when he was killed.

Like Jack.

It's hard for judges and juries.

They see the living defendant in front of them

and somebody like Paulson who's a good man, basically.

Wife, family.

They have a hard time remembering the victim

who's dead and buried.

I remember.

I know.