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Will the defendant please rise?

In the matter of the state of Indiana
vs. David Hopkins on the charge of murder,

the jury finds the defendant

not guilty.

Thank you.

Get help!

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

I'll let you know.

Doug Hellman is listed serious,
kelly Joffe is critical.

Annabeth is on her way to the hospital now.

She and Joffe were classmates?

Law school, and you know how close
Annabeth and Hellman are.

What about the shooter?

Bob Peters, already been arrested.

I was afraid of that.

He didn't like the verdict,
so he got himself a gun.

What would you do if
your son in law killed your daughter

and the jury let him walk?

I'd be tempted to shoot
the son of a bitch and his lawyers.

This mess is our fault.

How so?

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

Excuse me,
Doug Hellman and Kelly Joffe?

Are you family?

The prosecuting attorney's office.

Mr. Hellman just got out of surgery.

He's in recovery, second floor.

How's he doing?

The surgery went well, he's stable.

Okay.

And Kelly Joffe?

They're still working on her.

Annabeth?

Mrs. Joffe.

How is she?

We got here as soon as we could.

They told us...

They told us it's touch and go.

How can this happen? Can somebody
please explain this to me?

I am so sorry.

I'm going to find out
everything I can. I promise.

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

They said he's stable.

Oh, thank goodness for that.

Oh, god.

Oh, no.

Annabeth...

You heard about Kelly?

How's Hellman? Have you heard?

I'm just waiting to see him.

I feel responsible for Kelly's...

what happened to her.

John, you didn't shoot her.

Bob Peters did.

I lost the case.

If I hadn't...

Is he in custody yet, Peters?

Suicide watch at county.

Excuse me, Doug Hellman's awake.

One at a time, please.

You go.

Annabeth.

Would you excuse us, please?

Thank you.

You're gonna be okay?

Oh, yeah. I just

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

Now I know.

Yeah.

It hurts.

I don't recommend it.

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

How's Kelly?

I knew it.

I knew it. God!

If I could have just done something,
you know?

I was standing on the steps, and
next thing I know she's on the ground

in a puddle of blood.

Doug, there's nothing you could have done.

I don't know.

I just feel so helpless.

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

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

The jury has heard all the evidence
and rendered their verdict,

so now my client just wants
to get back to his life.

I wanna lead
the prosecution of Bob Peters.

Death penalty case, high burden of proof,
sympathetic defendant.

Peters wanted to kill Hopkins.

Intent follows the bullet.

The fact that he killed
an innocent bystander,

and not the man he was aiming at,

makes our argument
for the death penalty even stronger.

Agreed.

And what is so sympathetic about
recklessly shooting two innocent people?

Peters deserves the death penalty.

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

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

The marriage was troubled,
financial difficulties, infidelity,

et cetera. We had a really strong case.

I don't know why
the jury acquitted him, but they did.

Bob peters decided to go out and get
the justice that was denied to his daughter.

He hasn't even been arraigned yet, and
his lawyer's already playing him as the victim,

a grieving parent provoked
by an unfair verdict.

Angling for a lesser charge, positioning
themselves for a manslaughter plea.

We'll need to fire right back,
vigilante justice will not be tolerated.

- I'm ready.
- Good.

Maureen will be your second.

Who's representing Peters?

Hanna Turley.

Vocal opponent of the death penalty.

She's going to come right at us.

Let her.

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

Okay.

You sure you're not too close to this?

We need to make an example of this guy.

What happened to Kelly and Doug
could have happened to any of us.

And since when is it a bad thing
for a prosecutor to care about a victim?

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Close To Home
Season 2 Episode 10

Your Honor, we ask the defendant
be released on bond.

- Miss Chase.
- The people oppose bail.

We've filed notice to seek
the death penalty, Your Honor.

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

Bail is denied.

I'm very sorry.

I'll be down to you in an hour, okay?

Annabeth.

Hanna.

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

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

The whole system,
every attorney, judge and clerk

will want to see him receive
the maximum punishment.

We'll have plenty of support
for the death penalty.

Or a jury could decide that
what my client did,

if not justified,

- was certainly understandable.
- Understandable?

They'll put themselves in his shoes,

a grieving father, screwed by the system.

Stop bluffing.
Your office is overreaching.

Now give me a plea offer
I can take back to my client.

- Voluntary manslaughter.
- No plea.

- Annabeth...
- We are not posturing.

We intend to pursue
the death penalty to the end.

Well, um,

maybe you'll change your mind
when you read our expert psych evaluation

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

If you're mounting
some sort of affirmative defense,

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

The sooner the better.

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

A reporter who followed him
from the courtroom

told police Peters went to his car,

removed something
from the glove compartment,

and put it in his pocket.

The murder weapon, as it turns out.

Did he come straight to the Courthouse?

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

Plenty of time to think about the crime.

Hellman and Joffe started
their press conference.

Peters came up and commenced firing.

How soon was that after the verdict?

Half hour, give or take.

Uh, the verdict was read at 9:17 A.M.

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

To get the death penalty in this case,

not only do we have to prove
Peters intended on killing joffe,

but that he lay in wait to do so.

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

Any problem is he couldn't aim.

- Have you read the psych work-up?
- I did.

Our expert's opinion,
the stress of the moment,

his judgment was impaired.

This does not rise
to the level of murder, Annabeth,

much less the death penalty.

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

Her name was Barbara Sue Peters,

and yes,

David Hopkins killed her.

Of course he did, no doubt in my mind.

The jury saw it differently.

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

twist the facts around, until
the son of a bitch seems like prince charming.

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

How you felt.

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

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

How long did you wait?

Until I saw him.

I don't know how long it was.

What were you thinking as you waited?

About Barbara.

How much I loved and missed her,

and how Hopkins was just going
to walk away from this whole thing.

Somebody had to make him pay.

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

I hated them for getting Hopkins off.

For twisting my words,

and lying to the jury about Barbara.

Did you think about shooting them too?

No.

My hands were shaking, you know,

and I already told you
I was aiming at Hopkins.

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

Why?

David Hopkins was still alive,

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

What happened next?

That lady lawyer fell.

I couldn't believe it.

It was a terrible, terrible mistake,
and I wish I could take it back.

I'm sorry.

And I wish to god
I could take it back.

He is genuinely remorseful
about what he did.

Genuinely sorry
he didn't kill David Hopkins.

- It's still murder.
- Manslaughter.

Sudden heat upon
hearing the not guilty verdict.

Sudden heat?

He bought the gun
three weeks before the shooting,

and brought it to the Courthouse for
the express purpose of killing David Hopkins.

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

And the reasons he picked up the gun

might strike a chord with some people.

Yeah, so might the fact that
he knew exactly what he was doing.

He intended to kill David Hopkins.

I had no idea
Bob was going to do that.

My husband is not a violent man.

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

We didn't talk much about the trial.

We just tried to get through it.

We thought that,
with all the evidence,

David was bound to be convicted,

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

And then, every day,
we sat and watched while that

lawyer, Mr. Hellman,

punched holes in it.

How did your husband react to that?

Watching the case go south.

The night before the verdict,

he had a drink.

20 years sober, down the tubes.

You know, he blamed himself
for this whole thing.

He worked with David,

he introduced him to Barbara
at a company picnic.

She was our only child.

And that man took her from us.

Motion to access case files
in state of Indiana vs. David Hopkins.

Motion to depose John Marinelli?

You want to depose the prosecutor
in the Hopkins case and his work product?

Files, notes,
everything relating to the case.

Mr. Marinelli's work product
is not discoverable.

It is if a judge says it is.

The Hopkins case is
at the heart of my defense.

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

That was your client's motive for murder.

The prosecutor's constant
assurances to Bob and Maxine Peters

that Hopkins would be convicted

is certainly relevant.

It laid the foundation for
what subsequently happened.

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

It is now!

The prosecutor gave Bob Peters
unreasonable hope about the verdict.

And the acquittal traumatized Bob Peters

not because he's a violent man,
but because John Marinelli misled him.

Misled him how exactly?

I need the work product to answer that.

Okay, let me get this straight.
Even though Peters pulled the trigger,

Marinelli and our office are responsible

for Doug Hellman being shot
and Kelly Joffe dying?

Know what? You can distort
my argument any way you want.

Let's see what a judge says.

Turley wants to put this office on trial?

She's claiming Marinelli mishandled
the case, and misled Mr. and Mrs. Peters.

- Misled?
- Gave them false hope,

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

Marinelli's conduct caused
Bob Peters' sudden heat,

which is a mitigating factor
and obviates the death penalty.

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

Not that his daughter's killer
was acquitted?

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

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

Gives Turley a way to ask for manslaughter
instead of murder,

and back us off the death penalty.

Pretty thin.

Assuming Marinelli told me the truth,

I don't think we have anything
to worry about.

I've known john a long time.
He's always been straight with me.

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

This office has nothing to hide.

Besides Marinelli's horrible handwriting,

I don't see anything out of the ordinary.

Looks like the evidence
against Hopkins was strong.

Hopkins said Barbara fell
while they were hiking.

Autopsy reports show there were
bruises on her back and arms

that indicate she was thrown
from the cliff.

And Hopkins' timeline
doesn't make sense either.

Hikers say they heard

Barbara screaming for help
hours after Hopkins said she died.

Hellman never met a motion he didn't like.

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

Here's one signed by Kelly.

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

- I hope you warned her.
- I did.

Kelly was a true believer.

We used to fight about it
like cats and dogs.

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

I couldn't understand how she could defend
people she knew were guilty.

This is interesting.

What is it?

Marinelli's witness list.

Do you remember seeing the name
Nick Baxter

- anywhere in the police files?
- No.

It wasn't in the trial transcripts either.

Which means marinelli never called
Baxter to testify,

- right?
- Exactly.

Why would Marinelli rush to add Baxter
to the witness list so late in the trial,

at the last minute? I mean,

why go to all that trouble,
and then not call him?

I don't know. It's not that unusual.

Someone tips you on a hail mary witness,

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

Still, look at this.

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

notifies Hellman he intends
to call him at the very last minute,

and then doesn't for some reason.

Ask him.

Peters was angry about the verdict,

understandably. So was I.

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

Well, just the same, I asked Maureen and
Annabeth to review the case files.

You find anything useful?

Who was Nick Baxter?

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

He didn't pan out.

Did you question him?

His deposition isn't in your files either.

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

No record of that either.

Is there something behind this witness
we should know about, John?

No. It's nothing.

Baxter was a bartender.

He served Hopkins some drinks
one night,

and allegedly heard him rambling on
about killing his wife.

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

Why not?

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

He perjured himself
in a child custody case.

Hellman would have ripped him apart.

Did you mention Baxter to the Peters?

Not specifically, no.

Say what you're trying to say,
Annabeth.

You assured them David Hopkins
would be convicted, right?

I told them we had a very strong case,

and I had no reason to believe
we wouldn't get a conviction.

You never mentioned Baxter to them

the last-minute witness
that would seal the deal?

No, I did not.

Well, Turley's going to claim that you
unrealistically built up the Peters' hopes

and made David Hopkins' acquittal
even more devastating than it had to be.

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

But for you to suggest that

I didn't do everything I could
to win that case is just plain wrong.

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

Why didn't you? What went wrong?

Nothing went wrong.

Doug Hellman did a better job
telling his story to the jury than I did mine.

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

Who's got the better story?

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

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

Anything else I can help you with,

you let me know.

John, this isn't personal.

Yes, Annabeth,

it is.

It couldn't be more personal.

I'd still like to know more about Baxter.

Let's have Ed and Ray
talk to his investigator.

Something's not sitting right
with this.

I didn't find Nick Baxter.

As far as I know, Marinelli found him.

- That's not what we were told.
- Well, you were told wrong.

Yeah, Marinelli sent me to see him.

- How did he find Baxter?
- No idea.

We had four investigators
working on the case.

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

But you interviewed Baxter, right?

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

- You remember the gist of it?
- Yeah. Baxter was

serving him pi coladas one night.
Hopkins got drunk,

you know, confessed to how
he killed his wife on a camping trip,

pushed her off a ledge,
made it look like an accident.

- Baxter would have testified to this?
- Yeah,

if Marinelli would have called him,
but he never did.

Marinelli said that you determined
Baxter was not credible.

Oh, that's a load.

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

He perjured himself in a custody trial,
though.

Look,

my two cents,

Baxter would have been
a powerful witness against Hopkins.

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

Marinelli is the one with
the fancy suit, salary,

you know? His trial,
his call.

You got any idea how Marinelli
found Baxter in the first place?

No. That's a good question.

Baxter told me I wasn't the only guy
coming around asking about David Hopkins.

Somebody else got there first?

Name escapes me,
but he was a private investigator.

Working for?

Hopkins' lawyer.

Doug Hellman.

Vance didn't find Baxter.
You did.

Tell me how.

Why do you care so much about Baxter?

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

against a defendant that
can't be retried.

Just tell me how you found Baxter.

I loved her.

Kelly.

- We all did.
- No, it's no what...

kelly and I were...

We were seeing each other.

- She never told me that.
- Nobody knew.

We started dating during the trial.

Why didn't you recuse yourselves?

By the time we realized
where things were going,

it would have led to a mistrial.

Neither of us wanted that.

We had a rule.

We'd never discuss the case

or even work, for that matter.

We figured we could keep it
a secret from Hellman, but,

it turned out he knew.

Did Kelly tell you about Baxter?

Kelly would have never done that.

She was incredibly ethical.

We never discussed
the Hopkins case.

- Ever.
- Then how did you find out?

One night she was staying
in my apartment.

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

- Like she wanted me to see it.
- Even so, John,

why did you look at it?
Why would you jeopardize your case?

The Peters were calling me every day.

Coming in to the office,
waiting for me after court,

desperate for good news.

And to be honest,

the trial had started to turn.

I could feel the jury
having doubts about my case.

It was so stupid, but once I knew

that Hopkins had confessed to Baxter
about killing his wife,

- I had to put him on the stand.
- But you didn't.

No.

Hellman?

Saw Baxter on my witness list
and confronted me.

He said he knew Kelly and I were involved

and accused me of betraying Kelly
to discover Baxter.

Let me guess.
Hellman came up with a solution.

What were we going to do?

Either I could drop it and
pretend like I never found Baxter,

or Hellman would expose us to the judge.

Either way,

- Baxter would never testify.
- John,

if Hellman wasn't willing to go
to the judge, you should have.

Yeah.

I should have. I know that now.

But I didn't.

What, no flowers, no candy?

I've been talking to John Marinelli.

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

You should have gone to the judge.

What, and ruined Kelly's career

just because
she had the bad judgment

to fall in love with a prosecutor?

I mean, what was I going to do?
They were in love.

I tried to protect her

- and Marinelli.
- Marinelli dumped a crucial witness.

No judge would have ever allowed
Baxter to testify,

and Hopkins still would have been acquitted.

Peters still would have gotten
his gun and Kelly would still be dead.

Yeah, well, Conlon's is not gonna
see it that way,

and neither is Turley
when she gets ahold of it.

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

Well, you have to do what's right
for your case, which means

getting justice for Kelly's family.

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

Kelly was a lot like you, you know.

Stubborn, passionate to a fault.

I don't think you understand what's going
to happen if Turley finds out what you did.

I understand.

You could be disbarred.

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

You're telling me Doug Hellman
forced Marinelli to bury a witness?

He says he was just trying
to protect John and Kelly.

Yeah, and getting an acquittal
for his client was incidental, right?

Well, Hellman's on the hook too.
I mean,

if Turley exposes what he did...

Hellman is not my problem.

Turley is going to ram Marinelli's misconduct
down our throat.

She's bound to find Baxter.

Our only hope is
the counter motion we filed,

arguing the Hopkins trial is irrelevant
to the Peters case,

- and therefore, not discoverable.
- We should win that.

I can't see a judge allowing Turley to rifle through
this office's work product and personal notes.

Let's hope you're right.

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

It is a factual basis

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

Your Honor, the jury verdict
provoked Bob Peters,

not prosecutor Marinelli's
private work product about the case.

The material can substantiate
my client's assertion

Mr. Marinelli misled him

about the prospect of convicting Hopkins
for the murder of his daughter.

The defense has presented no evidence

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

Your Honor, that is precisely
why we want to depose Mr. Marinelli

and look at his papers in this case.

Miss Chase,

while I understand the need
for discretion in the prosecutor's office,

I believe the attorney work product
in this instance

is relevant to Mr. Peters' defense.

Therefore, I'm granting
Miss Turley's discovery motion.

Your Honor, this goes against
case law and precedent.

If you believe
you have sensitive work product,

you can always file
for in-chamber inspection.

Are you worried about what
I'm going to find in the files?

Of course not.

Then why are you working so hard
to keep me from seeing them?

Principle, Hanna. We can't have
defense attorneys rummaging through our notes.

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

And as long as the state of Indiana insists
on trying this as a death penalty case,

I will do everything in my power
to fight it.

How did it go
with the prosecuting attorney?

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

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

not have it impact a high-profile case.

Marinelli is a problem we inherited,

and he's gonna have
to answer for it.

And if need be,
we'll make an example out of him.

Turley suggested she'd be open to a deal,

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

Manslaughter, 20 years,
no opposition to parole.

The offer may be better coming from you;

let her know this isn't some game
I'm running on her.

Done.

Maybe I can charm her.

Good luck with that.

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

To what do we owe the honor?

I'll get right to it, Miss Turley.

The prosecutor's office acknowledges

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

but that ship has sailed.
The jury acquitted him.

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

We won the discovery motion,
so offer us a deal

or give us the files on the Hopkins case.

Manslaughter, 20 years,
no opposition to parole.

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

I know what's in these files
has a little something to do with that.

Offer is on the table.

Bob, I think you should take it.

20 years?

I may not be alive in 20 years.

You said we would take this to trial.

Yes, but they removed
the death penalty. That's...

that's a good deal.

Not good enough.

I want people to hear my story.

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

and how that was taken from me!

And I want justice for
Kelly Joffe and Doug Hellman.

Convince him. You and I both know
this is in his best interest.

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

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

If he changes his mind, let me know.

And I'm still waiting on those case files.

Don't force me to go back
to Judge Jenkins

and get a contempt of court citation.

Clock's ticking on her motion.

We have no choice but to comply.
Hold it till tomorrow, though.

I need some time
to get my ducks in a row.

One of those ducks Marinelli?

He'll resign today.

What about Hellman?

We're referring Hellman to the
ethics review board of the Indiana bar.

Someone should let him know
this is coming.

I will.

He'll be at the church
paying his respects to Kelly's parents.

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

Let them know about their
daughter's relationship with Marinelli,

before they read about it in the paper.

Annabeth.

Mr. Joffe, I'm so sorry.

Kelly was an amazing woman.

Thank you.

She always spoke so highly of you.

We offered Bob Peters a plea.

A plea?

Manslaughter.

A minimum sentence of 20 years.

20 years...

For killing my daughter?

He turned it down.

Now, if we go to trial,

his lawyer is going to exploit
something Kelly did,

something she shouldn't have done.

Is this about John Marinelli?

I know all about it.

He called me yesterday.

He told me about his relationship
with Kelly.

They loved each other.

If it's unethical,
I can live with that.

It's more than that.

I think Kelly may have

inadvertently given Marinelli
a crucial piece of evidence.

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

It wasn't.

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

If John Marinelli found something,
it's because kelly wanted him to.

I think I'll just leave it at that.

Thanks so much for coming.

Can I have a word with you?

Still upset with me?

I understand what you did
and why you did it.

I'm sure your boss has a dimmer view.

He's referring you
to the ethics review board.

You're going
to have your license revoked.

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

The judge tossed
our counter motion to suppress.

Well, ask yourself this:

what does Bob Peters really want?

He wants justice for his daughter.

Of course he does.

Now, we can't very well put
Mr. Hopkins back on trial now, can we?

At least not for killing Barbara Peters.

What are you talking about?

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

How gray?

Gray.

After I saw you at the hospital
the last time, I made a few phone calls.

I got my investigator involved.

I had him put Mr. Hopkins
under a microscope.

What did he find?

Nothing until yesterday.

Now, it's my job to defend my clients
against whatever they're charged with now

and not pass judgment against
something that may or

may not have happened 15 years ago.

15 years ago?

Jane Darby.

I just accepted John Marinelli's
letter of resignation.

We need to hold off sending
Marinelli's files to Hanna Turley.

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

We can still make a deal with Peters.

Funny, that wasn't
the impression I got.

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

What are you talking about?

I think he murdered his college girlfriend.

Are you making this up?

No, her name was Jane Darby.

It happened 15 years ago,
boating accident, supposedly.

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

Nobody knew.

Well, how is it that you know?

A little bird told me.

What little bird?

Doug Hellman?

No comment.

Judge Jenkins just put me on notice

he's going to cite us with contempt
if we go one minute past the deadline

and Turley doesn't have our material.

I'm stalling as hard as I can.

I just got off the phone
with Turley's office.

Told them we were still
gathering information.

Tell me you got something
we can use.

There was never a police report.

Just a coroner report.

Jane Darby's death was ruled
death by misadventure.

Drowned in a boating accident.

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

Accidental drowning's a long way
from murder.

This case is 15 years old.

Evidence, if there is any,
is going to be hard to come by.

Were Jane Darby's parents aware
Hopkins was trialed for killing his wife?

They moved out of the state
after the accident.

What are the chances
they'll authorize an exhumation?

Already have. All these years,

they have a lot of unanswered questions
about their daughter's death.

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

Why was it ruled a drowning?

Beats me.

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

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

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

Head trauma; blow from a blunt object.

You should talk to the chief coroner
who signed off on this back in the day,

if he's still alive.

How could he have signed off on this?

Chief coroners
are elected in this state.

They're not necessarily doctors.

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

Guess which kind this one was?

Checked out the chief coroner
who wrote the report.

He's retired now.

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

David Hopkins' father contributed
heavily to his campaign.

This is exactly why most states
have done away with the coroner system.

So what was his name?

Harold Jensen.
He wasn't even a doctor.

Before getting elected coroner,
he sold medical supplies.

Proves my point.

So this Harold Jensen
decided to look the other way,

rule it an accident
because of the family.

The sheriff's office thought
it was an accident, so did the newspaper.

There's no need to investigate.

The rails were greased for this guy
to go along.

All right, we're going to need
a statement from him for the record.

When you heard David Hopkins
had been accused of killing his wife,

why didn't you go to the authorities?

Tell them what you knew
about Jane Darby?

It wasn't that simple.

That boating accident

- was a terrible tragedy.
- Accident?

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

drinking, carrying on.

And after the accident?

David Hopkins' dad came to see me.

He asked me to spare
the victim's family.

And you did this by signing off
without an investigation?

We did our own autopsy
on Jane Darby.

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

I'm not a doctor.

I never claimed to be.

But you knew.

I knew something wasn't right.

Even I could see that.

But the Hopkins were insistent
that this was an accident,

best left alone.

They asked me to close the case

and I did.

You do see how this looks?

I'm old, not blind.

I know what you're saying.

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

I should have asked more questions, but...

but I didn't.

At the time, I remember thinking how,

how bright David's future was.

How he had so much
to look forward to.

David Hopkins is a murderer.

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

then Barbara Peters
would still be alive today,

- and so would Kelly Joffe.
- Stop.

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

Just stop.

Tell me...

how I can make this right.

You can start by giving a statement.

Tell the truth at last.

We tracked down
the boat rental guy.

David Hopkins and Jane Darby
were arguing that day.

We've got more leads too.

The college friends that'll testify
the relationship was on the skids.

With the coroner's statement
and the forensic evidence,

- we got enough.
- Arrest Hopkins.

Make sure his picture gets in the paper.

Our pleasure.

David Hopkins...

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

Jane Darby?

There must be some mistake.

There's no mistake.
You killed her.

Game over, buddy.

Can I read him his rights?

You always read them their rights.

Knock yourself out.

You have the right
to remain silent.

Anything you say...

Say "cheese".

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

We've got something better to offer.

I thought manslaughter,
20 years was your rock bottom,

- take it or leave it.
- It was. It still is.

Not interested.

I want to go to trial.

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

And who is Jane Darby?

His college girlfriend.

We got a tip and went back and
took a hard look at Hopkins,

and this is what we found.

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

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

We don't.

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

but you wanted David Hopkins
brought to justice,

and that's what we've done.

There's more than enough evidence
to convict him.

I've heard that before.

I'm asking you to trust me.

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

What do you want from me?

Stand before a judge

and accept responsibility
for what you did to my friend Kelly Joffe.

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

You need to take this offer

and spare them
the pain and suffering of a trial.

I went to my car and got the gun.

I saw Hopkins standing on
the courthouse steps

laughing, smiling,

a free man.

That's when I started firing.

I didn't even think about
the other people.

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

I can still see
that young woman's face...

Miss Joffe.

The look in her eyes

after I shot her.

Under the terms of your agreement,

do you plead guilty to the crime
of voluntary manslaughter?

Yes.

Under the terms of this agreement,
do you understand that you will spend

a minimum of 20 years in a state prison
before being eligible for parole?

Yes, I do.

Mr. Peters,

is there anything else
you'd like to say at this time?

Nothing I can say or do

can sufficiently express

my grief and my sorrow
over killing your daughter.

I'm going to have to live with that

for the rest of my life.

I love you.

Nice work in there.

Found a way out of that mess.

Doug Hellman owes you too,
big time.

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

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

Thank you so much.

Thank you for everything.

You're welcome.

I appreciate what you did for me,
Annabeth.

Shoulder.

Sorry, sorry.

So, you got a good result there,

considering the circumstances.

Well done.

Just doing my job.

You're far too modest.

And I had a little help.

About this gray area...

What gray area?

I'll see you in court then.

We can continue our dance.

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