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These are the user uploaded subtitles that are being translated: 1 00:00:08,970 --> 00:00:11,103 WOMAN: If you could pick just one day 2 00:00:11,146 --> 00:00:15,020 and undo it, make it go away, make it never have happened... 3 00:00:15,063 --> 00:00:17,283 ["Chances Are" by Johnny Mathis playing] 4 00:00:17,326 --> 00:00:19,285 ...what day would it be? 5 00:00:19,328 --> 00:00:21,330 ♪ Chances are... 6 00:00:21,374 --> 00:00:23,593 How about our wedding day? 7 00:00:23,637 --> 00:00:24,855 ♪ I wear a silly grin... 8 00:00:24,899 --> 00:00:26,335 I mean, 9 00:00:26,379 --> 00:00:28,859 that would be a very efficient choice, don't you think? 10 00:00:28,903 --> 00:00:31,862 Because if you could change that one day, 11 00:00:31,906 --> 00:00:35,605 all the other days-- the 18 years since-- 12 00:00:35,649 --> 00:00:38,086 would just vanish, too. 13 00:00:40,393 --> 00:00:42,743 Oh, I want to go into the city. 14 00:00:42,786 --> 00:00:45,876 I want to go to the apartment on Madison like we used to. 15 00:00:46,964 --> 00:00:48,705 Spend the weekend in bed 16 00:00:48,749 --> 00:00:51,404 just ordering food and hold each other. 17 00:00:51,447 --> 00:00:54,711 Come on, Rache. You made me sell the place on Madison 18 00:00:54,755 --> 00:00:56,713 a decade ago. 19 00:00:56,757 --> 00:00:58,541 And as for spending the weekend in bed, 20 00:00:58,585 --> 00:01:00,848 we got a perfectly good bed here. 21 00:01:00,891 --> 00:01:02,937 And a cook. 22 00:01:02,980 --> 00:01:05,287 Come on. 23 00:01:05,331 --> 00:01:07,115 Whole weekend in bed? 24 00:01:07,159 --> 00:01:10,553 Spending an hour in bed-- at least with me-- 25 00:01:10,597 --> 00:01:14,253 hasn't been something you've expressed much interest in 26 00:01:14,296 --> 00:01:16,124 in a very long time. 27 00:01:17,778 --> 00:01:19,214 And that's fine. 28 00:01:19,258 --> 00:01:21,390 Although if that's what you want, I'm... 29 00:01:21,434 --> 00:01:24,393 Do you hate me? 30 00:01:25,438 --> 00:01:27,222 Okay. 31 00:01:27,266 --> 00:01:29,877 Somebody... 32 00:01:29,920 --> 00:01:32,401 has had too much wine. 33 00:01:32,445 --> 00:01:34,751 I'm too rich to leave, aren't I? 34 00:01:34,795 --> 00:01:37,363 That's the problem, isn't it? 35 00:01:37,406 --> 00:01:40,017 The problem is that when you're not at work, 36 00:01:40,061 --> 00:01:41,932 you don't know what to do with yourself 37 00:01:41,976 --> 00:01:44,109 and so you start drinking at 10:00 in the morning. 38 00:01:44,152 --> 00:01:47,199 That's not the problem, that's the solution. 39 00:01:47,242 --> 00:01:50,376 ♪ Chances are... 40 00:01:50,419 --> 00:01:52,378 Okay. 41 00:01:52,421 --> 00:01:54,467 Time for us to go back to shore. 42 00:01:54,510 --> 00:01:58,427 [glass shatters]Mm. I don't want to go in yet. 43 00:02:03,737 --> 00:02:05,869 Come on. 44 00:02:05,913 --> 00:02:07,871 We'll go back. 45 00:02:07,915 --> 00:02:10,265 We'll take off our clothes and we'll climb into bed, 46 00:02:10,309 --> 00:02:11,614 just like you wanted. 47 00:02:11,658 --> 00:02:14,617 What's her name? 48 00:02:14,661 --> 00:02:17,098 What's whose name? 49 00:02:17,142 --> 00:02:19,579 The girl in your head. 50 00:02:19,622 --> 00:02:23,409 The girl you'll imagine you're with while you're with me. 51 00:02:23,452 --> 00:02:25,672 You are the girl in my head. 52 00:02:25,715 --> 00:02:26,847 [laughs softly] 53 00:02:26,890 --> 00:02:28,414 ♪ That fill the skies... 54 00:02:28,457 --> 00:02:30,938 You know what would make me happy? 55 00:02:31,982 --> 00:02:33,723 ♪ Guess you... 56 00:02:33,767 --> 00:02:35,116 It would make me happy to take 57 00:02:35,160 --> 00:02:37,162 that fire extinguisher 58 00:02:37,205 --> 00:02:39,468 and just... 59 00:02:39,512 --> 00:02:42,167 smash you on the head with it. 60 00:02:42,210 --> 00:02:44,343 ♪ If you think you could... 61 00:02:44,386 --> 00:02:46,606 I would enjoy that. 62 00:02:46,649 --> 00:02:49,478 ♪ Well, chances are 63 00:02:49,522 --> 00:02:51,045 ♪ Your chances are... 64 00:02:51,088 --> 00:02:54,135 I can't do this anymore. 65 00:02:54,179 --> 00:02:57,051 You've become a monster. 66 00:02:57,094 --> 00:02:59,836 You've made me a monster. 67 00:02:59,880 --> 00:03:02,012 And stop crying. 68 00:03:02,056 --> 00:03:03,492 God, I hate you when you cry. 69 00:03:03,536 --> 00:03:07,104 You're such a sniveling nothing of a man! 70 00:03:07,148 --> 00:03:08,889 The keys! Where did the keys go? 71 00:03:08,932 --> 00:03:10,064 I have the keys. 72 00:03:10,107 --> 00:03:13,241 I told you I don't want to go in yet. 73 00:03:13,285 --> 00:03:16,984 Just come away from the wheel and pour me another drink. 74 00:03:18,290 --> 00:03:20,466 NEWSWOMAN [over TV]: Good morning and, as always, 75 00:03:20,509 --> 00:03:22,424 we thank you for joining us. 76 00:03:22,468 --> 00:03:24,165 Have you seen Peter? 77 00:03:24,209 --> 00:03:25,297 Do you know where Peter might be? 78 00:03:25,340 --> 00:03:26,689 I haven't seen him since last night. 79 00:03:26,733 --> 00:03:28,169 Maybe he's still sleeping? 80 00:03:28,213 --> 00:03:29,910 What'd you do to your wrist? 81 00:03:29,953 --> 00:03:32,391 Oh. I don't know. 82 00:03:33,566 --> 00:03:35,524 It's nothing. 83 00:03:35,568 --> 00:03:38,048 ♪ 84 00:03:57,329 --> 00:03:58,939 Pete? 85 00:03:58,982 --> 00:04:00,680 You awake? 86 00:04:11,386 --> 00:04:13,388 Peter! 87 00:04:22,354 --> 00:04:24,312 My friends in the legal world 88 00:04:24,356 --> 00:04:26,967 tell me that if you're staring at a criminal trial-- 89 00:04:27,010 --> 00:04:28,360 staring at a jury trial-- 90 00:04:28,403 --> 00:04:31,972 you are the gentlemen they would want by their side. 91 00:04:32,015 --> 00:04:34,409 Are you staring at a criminal trial? 92 00:04:34,453 --> 00:04:35,845 This past weekend 93 00:04:35,889 --> 00:04:38,761 my husband Peter and I went out on our boat. 94 00:04:38,805 --> 00:04:40,807 We were drinking. 95 00:04:40,850 --> 00:04:43,375 And fighting. 96 00:04:43,418 --> 00:04:45,942 Wh-When we finally got back to shore 97 00:04:45,986 --> 00:04:48,118 it was dark and Peter was... 98 00:04:48,162 --> 00:04:51,818 not ready to get off the boat. 99 00:04:51,861 --> 00:04:52,993 Intoxicated. 100 00:04:53,036 --> 00:04:54,342 Yes. 101 00:04:54,386 --> 00:04:56,518 I think we both were. 102 00:04:56,562 --> 00:04:58,651 The last time I saw him 103 00:04:58,694 --> 00:05:01,349 was down below in the sleeping compartment, 104 00:05:01,393 --> 00:05:03,046 which was not unusual for him. 105 00:05:03,090 --> 00:05:05,919 Not unusual for us. 106 00:05:05,962 --> 00:05:08,443 I docked the boat, went back to the house. Figured 107 00:05:08,487 --> 00:05:10,663 he'd find his way back in 108 00:05:10,706 --> 00:05:12,447 later that night. 109 00:05:13,622 --> 00:05:15,189 When I woke up this morning, 110 00:05:15,232 --> 00:05:17,365 I couldn't find him. 111 00:05:17,409 --> 00:05:20,412 I went down to the boat. He wasn't there. 112 00:05:21,848 --> 00:05:24,154 But there was blood. 113 00:05:25,199 --> 00:05:27,027 Did you call the police? 114 00:05:27,070 --> 00:05:28,855 They're still out there. 115 00:05:28,898 --> 00:05:30,204 Investigating. 116 00:05:30,247 --> 00:05:32,249 I answered all their questions. 117 00:05:32,293 --> 00:05:33,599 Without a lawyer? 118 00:05:33,642 --> 00:05:35,383 Yes. 119 00:05:35,427 --> 00:05:37,385 Because... 120 00:05:37,429 --> 00:05:38,778 why not? 121 00:05:39,822 --> 00:05:40,954 But I could tell 122 00:05:40,997 --> 00:05:42,564 from the way they were speaking to me, 123 00:05:42,608 --> 00:05:44,087 the way they were looking at me... 124 00:05:44,131 --> 00:05:45,872 That you were a suspect. 125 00:05:45,915 --> 00:05:47,700 So, 126 00:05:47,743 --> 00:05:49,092 you awoke this morning to discover 127 00:05:49,136 --> 00:05:50,746 that you didn't know where your husband was. 128 00:05:50,790 --> 00:05:51,878 You called the police. 129 00:05:51,921 --> 00:05:53,662 They came to your house. 130 00:05:53,706 --> 00:05:54,750 And then... 131 00:05:54,794 --> 00:05:56,709 you came to work? 132 00:05:56,752 --> 00:05:59,407 I didn't know where to go. 133 00:05:59,451 --> 00:06:02,932 I-I wanted to look for him, but where do you look? 134 00:06:02,976 --> 00:06:04,499 We-we were on the water. 135 00:06:04,543 --> 00:06:07,807 I want to believe he's still alive. 136 00:06:08,851 --> 00:06:11,811 But alive where? 137 00:06:11,854 --> 00:06:14,509 Other than the fact that you were the last person to see him, 138 00:06:14,553 --> 00:06:16,990 is there any other reason anyone would have 139 00:06:17,033 --> 00:06:19,122 to suspect you of foul play? 140 00:06:21,124 --> 00:06:23,257 Two months ago, we... 141 00:06:23,300 --> 00:06:24,780 threw a party at the lake house. 142 00:06:24,824 --> 00:06:26,173 About a hundred people. 143 00:06:26,216 --> 00:06:29,437 Peter and I got into it. 144 00:06:29,481 --> 00:06:32,614 He says I get mean when I drink. 145 00:06:32,658 --> 00:06:34,616 I do get mean when I drink. 146 00:06:34,660 --> 00:06:37,445 Apparently, I got loud and really abusive. 147 00:06:37,489 --> 00:06:38,664 Really let him have it. 148 00:06:38,707 --> 00:06:41,188 Everyone saw. 149 00:06:41,231 --> 00:06:43,799 Or so I was told. 150 00:06:43,843 --> 00:06:45,192 Or so you were told. 151 00:06:45,235 --> 00:06:48,108 Do you suffer from blackouts, Mrs. Thomas? 152 00:06:48,151 --> 00:06:49,457 I don't know what that means. 153 00:06:49,501 --> 00:06:51,459 I suffer from drinking too much 154 00:06:51,503 --> 00:06:54,723 and not always remembering everything afterward. 155 00:06:56,725 --> 00:06:58,031 What happened to your wrist? 156 00:06:58,074 --> 00:07:00,425 Oh. Oh, this. 157 00:07:00,468 --> 00:07:03,210 I was walking my dog. He took off after a squirrel. 158 00:07:03,253 --> 00:07:06,300 Pulled me down onto the sidewalk with him. I landed on it. 159 00:07:06,343 --> 00:07:07,823 Bruised it pretty badly.[knocking] 160 00:07:07,867 --> 00:07:10,652 WOMAN: I'm sorry to interrupt, Mrs. Thomas. 161 00:07:10,696 --> 00:07:13,481 It's the medical examiner's office. 162 00:07:15,701 --> 00:07:17,398 Okay. 163 00:07:18,704 --> 00:07:21,489 They found the body down the shore. 164 00:07:21,533 --> 00:07:23,622 Apparently, he drowned, 165 00:07:23,665 --> 00:07:26,320 but there's also significant blunt force trauma 166 00:07:26,363 --> 00:07:28,453 visible on the back of the skull. 167 00:07:28,496 --> 00:07:30,803 So, here's the thing. 168 00:07:30,846 --> 00:07:33,501 Almost everybody has had too much to drink 169 00:07:33,545 --> 00:07:35,721 at one time or another, 170 00:07:35,764 --> 00:07:38,027 but this "I don't remember" 171 00:07:38,071 --> 00:07:40,334 is not going to be an easy sell to a jury 172 00:07:40,377 --> 00:07:42,336 as a defense for murder. 173 00:07:42,379 --> 00:07:44,338 We taking the case? 174 00:07:44,381 --> 00:07:45,861 She's Rachel Thomas. 175 00:07:45,905 --> 00:07:47,994 She's one of the wealthiest, smartest women 176 00:07:48,037 --> 00:07:49,996 in all of New York. 177 00:07:50,039 --> 00:07:53,086 She manages a hedge fund worth over five billion dollars. 178 00:07:53,129 --> 00:07:54,522 That woman 179 00:07:54,566 --> 00:07:57,612 did not get to the top by being reckless. 180 00:07:57,656 --> 00:07:59,222 She's one of the brightest minds 181 00:07:59,266 --> 00:08:01,094 to ever walk the floors of the stock exchange. 182 00:08:01,137 --> 00:08:02,487 You really think the best plan 183 00:08:02,530 --> 00:08:04,184 she could come up with to get rid of her husband 184 00:08:04,227 --> 00:08:06,708 was to hit him on the head and throw him in the lake? 185 00:08:09,319 --> 00:08:11,321 Hell yeah, we're taking this case. 186 00:08:12,497 --> 00:08:14,499 ♪ 187 00:08:19,852 --> 00:08:22,115 MARISSA: But there is nothing to divide. 188 00:08:22,158 --> 00:08:24,247 There is nothing to buy out. 189 00:08:26,598 --> 00:08:29,296 It was my apartment when we got married the first time, 190 00:08:29,339 --> 00:08:31,733 my apartment when we got married the second time, 191 00:08:31,777 --> 00:08:33,648 and it is still my apartment. 192 00:08:33,692 --> 00:08:35,389 This isa civil tone. 193 00:08:35,432 --> 00:08:36,869 This is as civil as my tone gets 194 00:08:36,912 --> 00:08:38,653 when someone is trying to take something of mine 195 00:08:38,697 --> 00:08:40,481 that they have no right to.[elevator bell chimes] 196 00:08:40,525 --> 00:08:42,788 I have to go now. 197 00:08:42,831 --> 00:08:44,746 [sighs] 198 00:08:44,790 --> 00:08:46,661 Bull 199 00:08:46,705 --> 00:08:48,445 and Benny apologize for not joining, 200 00:08:48,489 --> 00:08:52,058 but they are at a bail hearing for our new client, 201 00:08:52,101 --> 00:08:53,625 Rachel Thomas, who, moments ago, 202 00:08:53,668 --> 00:08:55,975 was officially charged with second-degree murder. 203 00:08:56,018 --> 00:08:58,238 They are convinced that the prosecution 204 00:08:58,281 --> 00:09:00,196 is gonna try to persuade the jury 205 00:09:00,240 --> 00:09:02,024 that the marriage was falling apart. 206 00:09:02,068 --> 00:09:04,592 That Mr. Thomas was being unfaithful, 207 00:09:04,636 --> 00:09:06,202 and that Rachel was enraged 208 00:09:06,246 --> 00:09:08,335 and killed him in a moment of passion. 209 00:09:08,378 --> 00:09:10,032 Can they prove any of that?Well, 210 00:09:10,076 --> 00:09:12,600 the first part of it was definitely true. 211 00:09:12,644 --> 00:09:15,168 The Thomases had enough fights in public 212 00:09:15,211 --> 00:09:17,953 that rounding up people to testify to their animus 213 00:09:17,997 --> 00:09:19,868 shouldn't be a problem. 214 00:09:19,912 --> 00:09:21,391 The cheating is another matter. 215 00:09:21,435 --> 00:09:22,784 Rachel is convinced of it, 216 00:09:22,828 --> 00:09:24,612 but from what Bull and Benny can surmise, 217 00:09:24,656 --> 00:09:26,222 she doesn't really have any hard evidence. 218 00:09:27,093 --> 00:09:29,095 So where does that leave us?Well, 219 00:09:29,138 --> 00:09:31,053 here's the thing. Peter didn't know it yet, 220 00:09:31,097 --> 00:09:33,578 but Rachel had already retained a divorce lawyer. 221 00:09:33,621 --> 00:09:35,928 She had already decided to leave him. 222 00:09:35,971 --> 00:09:38,887 So she really had no practical motive to kill him. 223 00:09:38,931 --> 00:09:41,629 I beg to differ. If she had divorced Peter, 224 00:09:41,673 --> 00:09:43,413 it would have cost her half her fortune. 225 00:09:43,457 --> 00:09:45,328 It wouldn't have cost her half. They had a prenup. 226 00:09:45,372 --> 00:09:47,504 A very aggressive prenup. Remember? 227 00:09:47,548 --> 00:09:50,290 Even back when they first married 228 00:09:50,333 --> 00:09:52,161 18 years ago, she was a wealthy businesswoman. 229 00:09:52,205 --> 00:09:53,641 He was a failed playwright. 230 00:09:53,685 --> 00:09:55,251 Here it is. 231 00:09:55,295 --> 00:09:57,689 It even stipulates that if he were caught cheating, 232 00:09:57,732 --> 00:09:59,429 he would leave the marriage with nothing. 233 00:09:59,473 --> 00:10:01,083 So then doesn't it stand to reason 234 00:10:01,127 --> 00:10:04,260 that if we can prove that Peter was actually having an affair 235 00:10:04,304 --> 00:10:07,655 and that Rachel knew about it that she had no motive at all? 236 00:10:07,699 --> 00:10:09,135 The affair would mean 237 00:10:09,178 --> 00:10:10,615 she wouldn't have had to give him a dime. 238 00:10:11,920 --> 00:10:13,792 When it comes to the jury, 239 00:10:13,835 --> 00:10:15,445 I think the key is gonna be eliminating 240 00:10:15,489 --> 00:10:17,447 anyone prone to rage bias. 241 00:10:17,491 --> 00:10:19,014 Rage bias? 242 00:10:19,058 --> 00:10:20,929 What on God's earth is that? 243 00:10:20,973 --> 00:10:23,410 People who have rage bias tend to exhibit... 244 00:10:23,453 --> 00:10:24,672 [knocking] 245 00:10:24,716 --> 00:10:26,674 I am so sorry to interrupt. Uh, Bull, 246 00:10:26,718 --> 00:10:28,763 could I just have a word with you outside for a moment? 247 00:10:28,807 --> 00:10:30,504 It'll be very brief. 248 00:10:34,203 --> 00:10:35,683 What's so urgent? 249 00:10:35,727 --> 00:10:37,990 It's our new client. Our bank just called. 250 00:10:38,033 --> 00:10:39,513 The check she wrote for our retainer-- 251 00:10:39,556 --> 00:10:40,862 it bounced. 252 00:10:40,906 --> 00:10:43,169 Are you sure? Maybe they made a mistake. 253 00:10:43,212 --> 00:10:45,171 That's Rachel Thomas. 254 00:10:45,214 --> 00:10:47,042 I watched her write the check myself. 255 00:10:47,086 --> 00:10:48,653 It came from her personal account. 256 00:10:48,696 --> 00:10:50,567 I'm just telling you what they told me. 257 00:10:50,611 --> 00:10:52,787 All right. I'll handle it. 258 00:10:52,831 --> 00:10:55,398 I'll find the right moment and I will speak to her. 259 00:10:55,442 --> 00:10:58,097 I am sure it's just a misunderstanding. 260 00:11:00,316 --> 00:11:02,275 Sorry. Where were we? 261 00:11:02,318 --> 00:11:04,494 You were explaining rage bias. 262 00:11:04,538 --> 00:11:06,192 Yes. People 263 00:11:06,235 --> 00:11:08,324 with this particular bias believe that those 264 00:11:08,368 --> 00:11:10,675 who let their emotions run away with them 265 00:11:10,718 --> 00:11:13,721 are a danger to themselves and others. 266 00:11:13,765 --> 00:11:15,941 They won't have any trouble making the leap that 267 00:11:15,984 --> 00:11:18,726 because you are capable of acting out against your husband 268 00:11:18,770 --> 00:11:21,381 in front of a room full of people 269 00:11:21,424 --> 00:11:24,645 that you would also be capable of killing him. 270 00:11:25,777 --> 00:11:28,997 [sighs] So w-what do we do about that? 271 00:11:29,041 --> 00:11:30,999 All right, let's play "what if." 272 00:11:31,043 --> 00:11:31,913 Okay. 273 00:11:31,957 --> 00:11:33,480 What if it's rush hour 274 00:11:33,523 --> 00:11:35,047 and it's raining? 275 00:11:35,090 --> 00:11:38,006 You're trying to get a cab, you finally hail one down, 276 00:11:38,050 --> 00:11:40,835 you're about to get in when someone rushes past you 277 00:11:40,879 --> 00:11:43,403 and tries to steal the cab away from you. 278 00:11:43,446 --> 00:11:44,709 What do you do? 279 00:11:44,752 --> 00:11:46,623 The truth? 280 00:11:46,667 --> 00:11:49,409 I kick, claw, spit, bite and pull the other person's hair, 281 00:11:49,452 --> 00:11:50,758 and if that doesn't work... 282 00:11:50,802 --> 00:11:52,499 We get the idea. 283 00:11:52,542 --> 00:11:54,283 My kind of gal. 284 00:11:54,327 --> 00:11:55,545 Your Honor, 285 00:11:55,589 --> 00:11:57,939 this juror is acceptable to the defense. 286 00:11:57,983 --> 00:12:00,028 JUDGE: And that means we have our jury. 287 00:12:00,072 --> 00:12:02,422 Let's break for lunch and then reconvene to hear 288 00:12:02,465 --> 00:12:03,815 opening statements 289 00:12:03,858 --> 00:12:06,905 and perhaps start calling prosecution witnesses. 290 00:12:09,081 --> 00:12:10,865 So, what's your sense? 291 00:12:10,909 --> 00:12:13,389 My sense is we have a long way to go. 292 00:12:13,433 --> 00:12:16,741 Benny, would you, uh, go across the street, get us a table? 293 00:12:16,784 --> 00:12:18,394 We'll meet you there. 294 00:12:19,961 --> 00:12:22,007 Two things. 295 00:12:24,313 --> 00:12:26,272 Uh, the check you wrote us-- 296 00:12:26,315 --> 00:12:28,622 the bank returned it. It bounced. 297 00:12:28,665 --> 00:12:30,972 Oh, my God. Really? 298 00:12:31,016 --> 00:12:32,191 Mm-hmm. 299 00:12:32,234 --> 00:12:33,801 I'm so sorry. 300 00:12:33,845 --> 00:12:35,672 I... I wrote it on my personal account, 301 00:12:35,716 --> 00:12:37,805 and I know this is horrifying to hear 302 00:12:37,849 --> 00:12:39,633 from someone who does what I do 303 00:12:39,676 --> 00:12:41,200 for a living, but sometimes I don't even bother to...I'm not really 304 00:12:41,243 --> 00:12:42,549 concerned about it. 305 00:12:42,592 --> 00:12:44,072 I know you're good for it. 306 00:12:44,116 --> 00:12:47,206 Do you have any idea how upset you just got? 307 00:12:47,249 --> 00:12:50,078 Well, it's-it's upsetting. It's embarrassing. I'm-I'm... 308 00:12:50,122 --> 00:12:52,124 I-I...Well, it's nothing compared to what we're doing here. 309 00:12:52,167 --> 00:12:53,821 We're... [sighs] 310 00:12:53,865 --> 00:12:55,431 We're fighting for your life. 311 00:12:55,475 --> 00:12:56,868 We're fighting for your freedom. 312 00:12:56,911 --> 00:12:59,609 You're accused of killing a man, and yet you sit here 313 00:12:59,653 --> 00:13:02,787 in front of these people who are gonna judge you-- the people 314 00:13:02,830 --> 00:13:04,919 who are going to decide your fate-- 315 00:13:04,963 --> 00:13:07,052 and you seem not the least bit upset 316 00:13:07,095 --> 00:13:09,271 that the man you claim you didn't kill 317 00:13:09,315 --> 00:13:12,405 was taken from you little more than a week ago. 318 00:13:12,448 --> 00:13:14,799 You don't look shocked, you don't look sad. 319 00:13:14,842 --> 00:13:17,714 You look like you're ready to run a board meeting. 320 00:13:22,632 --> 00:13:23,982 Do you miss him? 321 00:13:25,984 --> 00:13:27,986 Course I miss him. 322 00:13:30,727 --> 00:13:33,948 I don't mean to pry, but what exactly are you writing down? 323 00:13:33,992 --> 00:13:35,602 It's just a note. 324 00:13:35,645 --> 00:13:37,865 Remind myself to do all the things you said: 325 00:13:37,909 --> 00:13:41,347 look sad, look like I'm in shock. 326 00:13:41,390 --> 00:13:43,001 [sighs] Shall we go? 327 00:13:46,221 --> 00:13:49,877 Dr. Ortiz, as the Nassau County medical examiner 328 00:13:49,921 --> 00:13:52,532 who first examined Peter Thomas' corpse, 329 00:13:52,575 --> 00:13:55,665 can you share with us the official cause of death? 330 00:13:55,709 --> 00:13:58,843 Mm-hmm. Cause of death was determined to be drowning 331 00:13:58,886 --> 00:14:01,323 after blunt force trauma to the left temporal lobe, 332 00:14:01,367 --> 00:14:04,196 which is part of the head just above the ear. 333 00:14:04,239 --> 00:14:06,894 And what can you tell us about 334 00:14:06,938 --> 00:14:08,765 Mr. Thomas' blood alcohol content? 335 00:14:08,809 --> 00:14:11,507 It was quite high-- .25-- 336 00:14:11,551 --> 00:14:13,074 about three times the legal limit. 337 00:14:13,118 --> 00:14:15,337 Now, your report 338 00:14:15,381 --> 00:14:18,253 indicates that Mr. Thomas weighed over 200 pounds. 339 00:14:18,297 --> 00:14:21,343 Would the fact that he was so intoxicated have made it harder 340 00:14:21,387 --> 00:14:24,999 or easier for a smaller person-- let's say someone 341 00:14:25,043 --> 00:14:27,001 the size of the defendant-- 342 00:14:27,045 --> 00:14:28,698 to overpower Mr. Thomas and then 343 00:14:28,742 --> 00:14:30,744 knock him over the side of the boat? 344 00:14:30,787 --> 00:14:33,181 Seems to me it'd make it easier. 345 00:14:33,225 --> 00:14:35,140 No further questions, Your Honor. 346 00:14:38,578 --> 00:14:42,234 Remember you told me how much you missed him? 347 00:14:42,277 --> 00:14:44,889 Wouldn't hurt to wince a bit every time you heard his name. 348 00:14:44,932 --> 00:14:46,499 Mm? BENNY: Good afternoon, Dr. Ortiz. 349 00:14:46,542 --> 00:14:48,718 Now, just to recap. 350 00:14:48,762 --> 00:14:50,720 You are saying you believe 351 00:14:50,764 --> 00:14:53,027 someone struck Mr. Thomas 352 00:14:53,071 --> 00:14:55,900 in the back of the head, creating... 353 00:14:55,943 --> 00:14:57,814 What was it you called it? 354 00:14:57,858 --> 00:14:59,599 Blunt force trauma. 355 00:14:59,642 --> 00:15:01,383 Exactly. Blunt force trauma. 356 00:15:01,427 --> 00:15:04,647 And then either dumped or pushed him into the water. 357 00:15:04,691 --> 00:15:05,953 ORTIZ: As I said, 358 00:15:05,997 --> 00:15:08,129 that's what the evidence seems to suggest. 359 00:15:08,173 --> 00:15:10,479 BENNY: I see. But you haven't actually 360 00:15:10,523 --> 00:15:13,178 found the object that inflicted this blunt force trauma, 361 00:15:13,221 --> 00:15:15,136 have you?No, we have not. 362 00:15:15,180 --> 00:15:18,966 Then how can you be so sure of the order of events? 363 00:15:19,010 --> 00:15:20,576 Couldn't Mr. Thomas, 364 00:15:20,620 --> 00:15:22,752 who you already testified was 365 00:15:22,796 --> 00:15:26,713 incredibly intoxicated, simply have lost his balance, 366 00:15:26,756 --> 00:15:28,367 tumbled off the side of the boat 367 00:15:28,410 --> 00:15:30,891 and hit his head as he fell in the water? 368 00:15:30,935 --> 00:15:33,285 Well, that's certainly a possibility, 369 00:15:33,328 --> 00:15:35,809 but not nearly as likely, in my opinion. 370 00:15:35,852 --> 00:15:38,507 What informed that particular opinion? 371 00:15:38,551 --> 00:15:41,119 The laceration to the skull appears 372 00:15:41,162 --> 00:15:44,252 as if it would have required a significant amount of force. 373 00:15:44,296 --> 00:15:47,603 Doesn't seem like a fall into the water would get it done. 374 00:15:47,647 --> 00:15:50,955 What if... another boat was passing by? 375 00:15:52,478 --> 00:15:55,437 What if Mr. Thomas's head kept getting smashed 376 00:15:55,481 --> 00:15:58,832 on the stern of his own vessel over and over again 377 00:15:58,875 --> 00:16:00,877 in the wake of the passing boat? 378 00:16:01,922 --> 00:16:03,793 Something wrong with my theory? 379 00:16:03,837 --> 00:16:07,058 Is it any less plausible than your theory, 380 00:16:07,101 --> 00:16:08,711 which is based on the assumption 381 00:16:08,755 --> 00:16:10,278 that my client's husband was hit 382 00:16:10,322 --> 00:16:12,628 with an object no one can prove even exists? 383 00:16:12,672 --> 00:16:14,413 He's very good. 384 00:16:14,456 --> 00:16:15,980 Is the problem 385 00:16:16,023 --> 00:16:19,853 with my theory, Dr. Ortiz, is that it makes 386 00:16:19,896 --> 00:16:21,637 Mr. Thomas' death 387 00:16:21,681 --> 00:16:25,467 seem more likely the result of a drunken mishap 388 00:16:25,511 --> 00:16:28,035 rather than homicide? 389 00:16:28,079 --> 00:16:29,471 Objection, Your Honor. 390 00:16:29,515 --> 00:16:30,777 Counsel is testifying. 391 00:16:30,820 --> 00:16:32,605 Sustained. 392 00:16:32,648 --> 00:16:36,304 The jury will disregard counselor's last statements. 393 00:16:36,348 --> 00:16:38,524 Ask a question, Counselor. 394 00:16:38,567 --> 00:16:41,135 Actually, I have no further questions, Your Honor. 395 00:16:41,179 --> 00:16:42,354 Thank you. 396 00:16:44,617 --> 00:16:46,793 LAWRENCE: Mr. Colón, 397 00:16:46,836 --> 00:16:48,925 Dr. Bull, Mrs. Thomas, 398 00:16:48,969 --> 00:16:51,667 any way I could borrow your legal counsel for a moment? 399 00:16:51,711 --> 00:16:53,756 There's something I'd like to show them. 400 00:16:53,800 --> 00:16:56,194 We just got these from the Nassau County Police. 401 00:16:57,195 --> 00:16:58,674 What are we looking at? 402 00:16:58,718 --> 00:17:01,982 It's a fire extinguisher made especially for use on boats. 403 00:17:02,026 --> 00:17:05,072 Uh, they found it in the water early this morning about 404 00:17:05,116 --> 00:17:08,075 300 yards from where they discovered Peter Thomas' body 405 00:17:08,119 --> 00:17:09,555 the other day. 406 00:17:09,598 --> 00:17:12,384 Serial number indicates it was purchased by Mr. Thomas 407 00:17:12,427 --> 00:17:14,342 about four and a half years ago. 408 00:17:14,386 --> 00:17:16,170 It's dented. 409 00:17:16,214 --> 00:17:18,738 Consistent with the kind of dent you might expect 410 00:17:18,781 --> 00:17:20,783 if it were used to, say... 411 00:17:20,827 --> 00:17:22,655 Hit someone on the head. 412 00:17:23,699 --> 00:17:25,266 Great minds. 413 00:17:25,310 --> 00:17:27,921 Mm.There was still some blood on it, some brain matter. 414 00:17:27,964 --> 00:17:29,575 Uh, we're having everything tested. 415 00:17:29,618 --> 00:17:31,620 Uh, of course, it was in the water over a week, 416 00:17:31,664 --> 00:17:33,144 so who knows what the tests will show. 417 00:17:33,187 --> 00:17:35,102 But I wanted you to be the second to know. 418 00:17:46,157 --> 00:17:47,767 Dad. Wake up. 419 00:17:47,810 --> 00:17:49,508 What are you doing here? 420 00:17:49,551 --> 00:17:50,944 Dad? 421 00:17:50,987 --> 00:17:52,380 [sniffles] Mm. 422 00:17:52,424 --> 00:17:53,642 You can't just sit in front of my door like this. 423 00:17:53,686 --> 00:17:54,817 You're gonna get me in trouble. 424 00:17:54,861 --> 00:17:55,992 I'm sorry. 425 00:17:56,036 --> 00:17:58,038 I didn't intend to fall asleep. 426 00:17:59,170 --> 00:18:00,345 [sighs] 427 00:18:00,388 --> 00:18:02,912 Been here for hours. 428 00:18:02,956 --> 00:18:04,479 What are you doing here? 429 00:18:04,523 --> 00:18:07,613 Well, I called you, like, 300 times. 430 00:18:07,656 --> 00:18:10,137 I texted you, like, a million. 431 00:18:10,181 --> 00:18:12,226 I came here to talk to you. 432 00:18:13,662 --> 00:18:15,055 To tell you something. 433 00:18:16,578 --> 00:18:19,233 [sighs] Look, I-I know you're not gonna believe me, 434 00:18:19,277 --> 00:18:21,888 but... I have been praying about this, 435 00:18:21,931 --> 00:18:24,151 baby. I've been 436 00:18:24,195 --> 00:18:26,371 reading about it, I've been thinking about it. 437 00:18:27,676 --> 00:18:29,504 And Anna, I know, 438 00:18:29,548 --> 00:18:31,680 deep in my heart, that this is wrong. 439 00:18:31,724 --> 00:18:33,682 And I'm gonna keep telling you, 440 00:18:33,726 --> 00:18:36,685 every inch of the way, how wrong I think it is, 441 00:18:36,729 --> 00:18:38,774 because maybe I'll change your mind. 442 00:18:40,863 --> 00:18:43,692 But if I can't change your mind, 443 00:18:43,736 --> 00:18:47,087 you got to know there's no way 444 00:18:47,131 --> 00:18:49,611 I'd let you go through this alone. 445 00:18:50,960 --> 00:18:54,050 There's no way I would let you go through any of this 446 00:18:54,094 --> 00:18:57,445 without being right there by your side. 447 00:19:03,016 --> 00:19:05,236 [sighs] 448 00:19:05,279 --> 00:19:07,107 I promise you I do not know 449 00:19:07,151 --> 00:19:10,241 how that fire extinguisher got off the boat and into the water, 450 00:19:10,284 --> 00:19:12,199 much less with the blood and the... 451 00:19:12,243 --> 00:19:13,896 [groans] 452 00:19:13,940 --> 00:19:15,724 ...whatever else you said was on it. 453 00:19:15,768 --> 00:19:16,899 BENNY: They're telling us 454 00:19:16,943 --> 00:19:18,771 that Peter's blood was all over it. 455 00:19:18,814 --> 00:19:20,207 And your fingerprints. 456 00:19:20,251 --> 00:19:22,601 Of course my fingerprints were all over it. 457 00:19:22,644 --> 00:19:25,430 It belonged to me. It-it was on my boat. 458 00:19:25,473 --> 00:19:27,562 That well may be, 459 00:19:27,606 --> 00:19:31,000 but we can't be sure a jury is gonna see it that way. 460 00:19:31,044 --> 00:19:33,568 The fire extinguisher is proof 461 00:19:33,612 --> 00:19:35,831 that Peter's death was no accident. 462 00:19:35,875 --> 00:19:37,920 I had no reason to kill him. 463 00:19:37,964 --> 00:19:39,705 MARISSA: But you told us your husband 464 00:19:39,748 --> 00:19:41,228 was having an affair. 465 00:19:41,272 --> 00:19:43,230 But that's not a reason to kill someone. 466 00:19:43,274 --> 00:19:44,927 That's a reason to divorce someone. 467 00:19:44,971 --> 00:19:47,800 Mrs. Thomas, we know that if your husband 468 00:19:47,843 --> 00:19:50,106 had cheated, you would be entitled to a divorce 469 00:19:50,150 --> 00:19:52,500 without any obligation to pay anything. 470 00:19:52,544 --> 00:19:54,502 No alimony, no asset sharing. 471 00:19:54,546 --> 00:19:55,982 Everything reverts back to you. 472 00:19:56,025 --> 00:19:57,505 Exactly. 473 00:19:57,549 --> 00:19:59,159 BENNY: The problem is our investigators 474 00:19:59,203 --> 00:20:02,423 can find absolutely no evidence of any affair. 475 00:20:02,467 --> 00:20:03,816 Nothing. 476 00:20:03,859 --> 00:20:06,993 Not a single text message, not a single phone call, 477 00:20:07,036 --> 00:20:08,516 not a single credit card charge. 478 00:20:08,560 --> 00:20:11,127 There's just no concrete proof. 479 00:20:11,171 --> 00:20:13,956 And unfortunately, that does give you motive. 480 00:20:14,000 --> 00:20:17,351 Gentlemen... and lady, 481 00:20:17,395 --> 00:20:21,137 I am worth just shy of a billion dollars. 482 00:20:21,181 --> 00:20:24,793 Are you suggesting that instead of simply divorcing my husband 483 00:20:24,837 --> 00:20:27,143 and living off a mere half a billion, 484 00:20:27,187 --> 00:20:29,407 I would choose to kill him? 485 00:20:30,451 --> 00:20:31,974 Really? Does... 486 00:20:32,018 --> 00:20:34,499 does that make sense to anyone? 487 00:20:34,542 --> 00:20:35,804 [gavel bangs] 488 00:20:35,848 --> 00:20:39,025 The People would like to call Helen Potter. 489 00:20:39,068 --> 00:20:40,548 [door opens] 490 00:20:40,592 --> 00:20:42,550 Who's Helen Potter? 491 00:20:42,594 --> 00:20:44,552 Helen Potter-- she's your neighbor. 492 00:20:44,596 --> 00:20:46,641 [gallery murmuring] 493 00:20:46,685 --> 00:20:47,990 LAWRENCE: How do you know the Thomases, 494 00:20:48,034 --> 00:20:49,470 Ms. Potter? 495 00:20:49,514 --> 00:20:51,516 We live about three houses apart. 496 00:20:51,559 --> 00:20:53,779 Uh, I'm a full-timer. 497 00:20:53,822 --> 00:20:55,520 It means I live there all the time. Uh, 498 00:20:55,563 --> 00:20:57,913 they're up weekends and holidays. 499 00:20:57,957 --> 00:20:59,959 I guess you could say we're neighbors. 500 00:21:00,002 --> 00:21:01,917 And your home, like their home, 501 00:21:01,961 --> 00:21:03,876 sits on the lake and looks out on the water, 502 00:21:03,919 --> 00:21:06,879 giving you a clear view of their dock, their boat, 503 00:21:06,922 --> 00:21:09,316 a good portion of the lake itself?Yes. 504 00:21:09,360 --> 00:21:11,666 What did you see on the date in question? 505 00:21:11,710 --> 00:21:14,452 I saw Rachel and Peter go out in the boat 506 00:21:14,495 --> 00:21:16,541 at around 11:00 in the morning. 507 00:21:16,584 --> 00:21:19,195 Uh, but that night, when the boat returned, 508 00:21:19,239 --> 00:21:20,719 I only saw Rachel. 509 00:21:20,762 --> 00:21:23,722 And I-I didn't see Peter at all. 510 00:21:23,765 --> 00:21:26,159 And were you aware of any friction 511 00:21:26,202 --> 00:21:27,465 in your neighbor's marriage? 512 00:21:28,509 --> 00:21:30,294 I think everyone 513 00:21:30,337 --> 00:21:32,687 who lived in the neighborhood was aware there was friction. 514 00:21:32,731 --> 00:21:34,776 Can you give the court an example? 515 00:21:35,995 --> 00:21:38,345 Well, this year they threw a party for Labor Day. 516 00:21:38,389 --> 00:21:40,521 All the neighbors were there. 517 00:21:40,565 --> 00:21:42,480 And Rachel started a fight with Peter 518 00:21:42,523 --> 00:21:44,569 over the fact that he was talking to other women. 519 00:21:44,612 --> 00:21:46,222 At one point talking to me. 520 00:21:46,266 --> 00:21:48,050 H-He tried to calm her. 521 00:21:48,094 --> 00:21:49,225 But he couldn't. 522 00:21:49,269 --> 00:21:50,357 She was yelling at him. 523 00:21:50,401 --> 00:21:51,576 Cursing at him. 524 00:21:52,620 --> 00:21:54,622 I was embarrassed for him. 525 00:21:58,626 --> 00:22:01,803 BENNY: So other than the fact that your house 526 00:22:01,847 --> 00:22:04,371 is three houses away from her house, 527 00:22:04,415 --> 00:22:07,156 how well would you say you know Mrs. Thomas? 528 00:22:07,200 --> 00:22:08,897 Excuse me? 529 00:22:08,941 --> 00:22:10,595 I-I'm not sure I understand the question. 530 00:22:10,638 --> 00:22:13,424 Well, I was listening to your testimony, 531 00:22:13,467 --> 00:22:16,383 and it sounded like you know the Thomases quite well. 532 00:22:16,427 --> 00:22:17,993 So... 533 00:22:18,037 --> 00:22:21,170 how much time would you say you've spent with the Thomases? 534 00:22:22,215 --> 00:22:23,738 Well, I mean... 535 00:22:23,782 --> 00:22:26,915 they have a Labor Day party every year. 536 00:22:26,959 --> 00:22:28,352 Ever been to dinner with them? 537 00:22:28,395 --> 00:22:29,962 No. 538 00:22:30,005 --> 00:22:32,965 So, clearly, you've been to their house for their parties, 539 00:22:33,008 --> 00:22:35,446 has Mrs. Thomas ever been to yours? 540 00:22:35,489 --> 00:22:37,535 No. 541 00:22:37,578 --> 00:22:39,928 Ah. I see. 542 00:22:39,972 --> 00:22:41,539 And how about Mr. Thomas? 543 00:22:45,107 --> 00:22:47,327 Oh, that's okay. That's all right. Let me ask 544 00:22:47,371 --> 00:22:49,198 a different question. Now, you mentioned 545 00:22:49,242 --> 00:22:51,200 that on the night in question, 546 00:22:51,244 --> 00:22:53,289 you only saw Mrs. Thomas 547 00:22:53,333 --> 00:22:55,030 leave the boat. Is that correct? 548 00:22:55,074 --> 00:22:58,207 Yes. Mr. Thomas was nowhere to be seen. 549 00:22:58,251 --> 00:23:01,863 But I'm sure you're aware that Mrs. Thomas explained 550 00:23:01,907 --> 00:23:03,822 to the police, to the best of her knowledge, 551 00:23:03,865 --> 00:23:06,955 that Mr. Thomas was in the sleeping compartment. 552 00:23:06,999 --> 00:23:09,958 Okay. I'm just not sure I believe that. 553 00:23:10,002 --> 00:23:11,177 Really? 554 00:23:11,220 --> 00:23:12,961 Why not? 555 00:23:13,005 --> 00:23:14,963 Because every time they went out on the boat, 556 00:23:15,007 --> 00:23:17,009 it was always Peter who docked it. 557 00:23:17,052 --> 00:23:18,967 Even if he ended up sleeping on the boat. 558 00:23:19,011 --> 00:23:20,447 He always tied it up. 559 00:23:20,491 --> 00:23:23,232 That was just... his thing. 560 00:23:23,276 --> 00:23:24,973 Really? Every single time? 561 00:23:25,017 --> 00:23:26,322 Ha! 562 00:23:26,366 --> 00:23:30,065 Wow. For someone who... hadn't really spent 563 00:23:30,109 --> 00:23:33,068 a lot of time with them, you certainly know a lot 564 00:23:33,112 --> 00:23:34,896 about the Thomases and their habits. 565 00:23:34,940 --> 00:23:36,202 How is that?Objection. 566 00:23:36,245 --> 00:23:38,378 Counsel is badgering the witness. 567 00:23:38,422 --> 00:23:40,685 Ms. Potter is not the one on trial here. 568 00:23:40,728 --> 00:23:42,904 BENNY: Your Honor, I'm not trying to badger anyone. 569 00:23:42,948 --> 00:23:45,733 I'm just trying to understand how Ms. Potter 570 00:23:45,777 --> 00:23:48,344 came to her conclusions when she seems to have had 571 00:23:48,388 --> 00:23:50,782 very little contact with my client. 572 00:23:52,218 --> 00:23:55,177 Objection overruled. Witness will answer 573 00:23:55,221 --> 00:23:57,223 the question.That-That's all right. That's all right. 574 00:23:57,266 --> 00:23:59,051 Let me come at this a different way. 575 00:23:59,094 --> 00:24:02,402 Ms. Potter, on any given night, how often do you check 576 00:24:02,446 --> 00:24:04,796 whether the Thomases' boat is at their dock? 577 00:24:05,840 --> 00:24:06,885 I mean, it... 578 00:24:06,928 --> 00:24:08,582 seems like you check quite a bit. 579 00:24:08,626 --> 00:24:11,498 Wh... It's not that I check. 580 00:24:11,542 --> 00:24:13,195 I-I can see it from my house. 581 00:24:13,239 --> 00:24:15,110 It's just something I notice. 582 00:24:15,154 --> 00:24:16,982 Mm. Well, forgive me, 583 00:24:17,025 --> 00:24:18,940 but isn't that a little curious, 584 00:24:18,984 --> 00:24:22,422 considering you live three houses down? 585 00:24:22,466 --> 00:24:24,598 I mean, could you see their dock 586 00:24:24,642 --> 00:24:26,252 from every vantage point of your home? 587 00:24:26,295 --> 00:24:27,514 No. 588 00:24:27,558 --> 00:24:29,908 Not every vantage point. 589 00:24:31,257 --> 00:24:33,520 But-But I can see it very clearly from my upper deck. 590 00:24:33,564 --> 00:24:35,435 So how does that work? Do you just 591 00:24:35,479 --> 00:24:38,220 sit in your upper deck all day, 592 00:24:38,264 --> 00:24:40,701 watching whether Peter or Rachel 593 00:24:40,745 --> 00:24:42,573 dock the boat that evening? 594 00:24:42,616 --> 00:24:45,184 I mean, that is a little peculiar, wouldn't you say? 595 00:24:45,227 --> 00:24:46,620 Objection. 596 00:24:46,664 --> 00:24:49,449 Uh, Your Honor, counsel is badgering once again. 597 00:24:49,493 --> 00:24:50,842 Sustained. 598 00:24:50,885 --> 00:24:52,539 Tread lightly, Mr. Colón. 599 00:24:52,583 --> 00:24:55,107 Ms. Potter, you testified 600 00:24:55,150 --> 00:24:56,978 that Mrs. Thomas 601 00:24:57,022 --> 00:24:58,240 had never been to your house. 602 00:24:58,284 --> 00:24:59,677 How about Mr. Thomas? 603 00:24:59,720 --> 00:25:02,462 And let me remind you you are still under oath. 604 00:25:04,856 --> 00:25:07,772 He... may have. 605 00:25:07,815 --> 00:25:09,034 May have?[gallery murmuring] 606 00:25:09,077 --> 00:25:11,123 [gavel bangs] 607 00:25:11,166 --> 00:25:12,777 BENNY: I'm sorry. 608 00:25:12,820 --> 00:25:14,692 I need a yes or a no. 609 00:25:16,302 --> 00:25:17,477 Yes. 610 00:25:17,521 --> 00:25:18,957 [murmuring resumes] 611 00:25:19,000 --> 00:25:20,915 [gavel bangs]BENNY: Well... 612 00:25:20,959 --> 00:25:23,875 that changes things a bit, doesn't it? 613 00:25:24,963 --> 00:25:26,268 Could you please tell the court 614 00:25:26,312 --> 00:25:28,096 what Mr. Thomas was doing at your house? 615 00:25:28,140 --> 00:25:30,098 I don't know what you're suggesting, 616 00:25:30,142 --> 00:25:32,144 but Peter and I were just neighbors. 617 00:25:32,187 --> 00:25:35,451 I wasn't suggesting anything, Ms. Potter. 618 00:25:35,495 --> 00:25:36,844 But given where your mind went, 619 00:25:36,888 --> 00:25:38,324 it tells me everything I need to know. 620 00:25:38,367 --> 00:25:39,455 Objection. Argumentative. 621 00:25:39,499 --> 00:25:41,849 Sustained.BENNY: I apologize, 622 00:25:41,893 --> 00:25:43,459 Your Honor. 623 00:25:43,503 --> 00:25:45,940 But if it pleases the court, I just have one more question. 624 00:25:45,984 --> 00:25:48,247 So, clearly... 625 00:25:48,290 --> 00:25:50,075 you made it your business 626 00:25:50,118 --> 00:25:53,992 to keep an eye on Peter's comings and goings. 627 00:25:54,035 --> 00:25:55,210 So did you, by any chance, 628 00:25:55,254 --> 00:25:58,605 go down to the Thomases' boat 629 00:25:58,649 --> 00:26:00,520 to check on your neighbor 630 00:26:00,564 --> 00:26:02,435 when you saw that Rachel docked it 631 00:26:02,478 --> 00:26:04,524 and went up to her house that night? 632 00:26:04,568 --> 00:26:06,613 Perhaps get into a fight with him 633 00:26:06,657 --> 00:26:08,746 over his refusal to leave his wife? 634 00:26:08,789 --> 00:26:09,660 No! 635 00:26:09,703 --> 00:26:11,270 Objection. No foundation. 636 00:26:11,313 --> 00:26:13,446 Sustained. Mr. Colón. 637 00:26:13,489 --> 00:26:15,361 My apologies, Your Honor. 638 00:26:15,404 --> 00:26:17,450 I have no further questions. 639 00:26:17,493 --> 00:26:19,365 [Danny clears throat] 640 00:26:23,325 --> 00:26:25,414 And what brings you to Nassau County? 641 00:26:25,458 --> 00:26:27,678 The train. 642 00:26:27,721 --> 00:26:30,202 I just felt funny e-mailing or texting you this. 643 00:26:30,245 --> 00:26:31,856 What am I looking at here? 644 00:26:31,899 --> 00:26:33,118 It's a death certificate. 645 00:26:33,161 --> 00:26:36,382 A veterinary death certificate. 646 00:26:36,425 --> 00:26:38,210 Remember how Rachel told you she hurt her wrist 647 00:26:38,253 --> 00:26:40,647 while she was walking her dog? 648 00:26:40,691 --> 00:26:42,997 Rachel's dog was put down about a year ago. 649 00:26:43,041 --> 00:26:45,347 And, according to the vet, she never got a new one. 650 00:26:45,391 --> 00:26:46,697 She lied. 651 00:26:53,181 --> 00:26:55,575 You ever wonder about our client? 652 00:26:55,619 --> 00:26:59,274 The way she has such a tenuous grasp on her memory? 653 00:26:59,318 --> 00:27:01,233 The way she can't remember what happened 654 00:27:01,276 --> 00:27:03,888 after her fight with Peter on the boat? 655 00:27:03,931 --> 00:27:06,020 Mm. 656 00:27:06,064 --> 00:27:08,196 It's like I said from the very beginning-- 657 00:27:08,240 --> 00:27:11,460 seems like a very convenient lapse. 658 00:27:11,504 --> 00:27:13,027 Yeah. 659 00:27:13,071 --> 00:27:14,899 But it's not isolated. 660 00:27:14,942 --> 00:27:18,293 Today, she did not recognize her neighbor at first. 661 00:27:18,337 --> 00:27:20,078 Had no idea who she was. 662 00:27:20,121 --> 00:27:22,820 And now Danny tells me her dog, 663 00:27:22,863 --> 00:27:24,560 the one who yanked her to the ground-- 664 00:27:24,604 --> 00:27:27,389 it's how she hurt her wrist-- 665 00:27:27,433 --> 00:27:29,130 dog's been dead for a year. 666 00:27:30,131 --> 00:27:33,004 That's weird.Mm. 667 00:27:35,136 --> 00:27:36,747 Dr. Bull. 668 00:27:36,790 --> 00:27:38,270 Mrs. Thomas. 669 00:27:38,313 --> 00:27:39,750 Anything new on my neighbor? 670 00:27:39,793 --> 00:27:42,535 Her prints show up on the fire extinguisher, perhaps? 671 00:27:42,578 --> 00:27:44,363 They did not. 672 00:27:44,406 --> 00:27:47,105 Your neighbor actually has a rock-solid alibi. 673 00:27:47,148 --> 00:27:50,238 And she voluntarily turned over her home security DVR 674 00:27:50,282 --> 00:27:52,937 and it clearly shows that she was home all day 675 00:27:52,980 --> 00:27:55,504 and all night while you and your husband were on the boat, 676 00:27:55,548 --> 00:27:58,420 but that's not what I wanted to discuss with you. 677 00:28:00,727 --> 00:28:04,513 Do you know what early-onset Alzheimer's is? 678 00:28:13,871 --> 00:28:16,351 Anyone out there in the hall right behind me? 679 00:28:18,179 --> 00:28:19,877 No. 680 00:28:19,920 --> 00:28:21,617 This room is soundproof, but I wouldn't want anyone 681 00:28:21,661 --> 00:28:23,141 to read my lips. 682 00:28:23,184 --> 00:28:26,666 Yes. I'm familiar. 683 00:28:26,710 --> 00:28:29,277 It's a kind of dementia. 684 00:28:29,321 --> 00:28:31,976 50 million people have it. 685 00:28:32,019 --> 00:28:35,283 When I flew to Britain two and a half years ago 686 00:28:35,327 --> 00:28:36,545 to be tested under a pseudonym, 687 00:28:36,589 --> 00:28:39,331 they said mine was mild. 688 00:28:39,374 --> 00:28:42,638 Mild, moderate, severe-- those are the stages. 689 00:28:42,682 --> 00:28:45,119 I was told mine would surely move 690 00:28:45,163 --> 00:28:46,773 to moderate at some point, 691 00:28:46,817 --> 00:28:48,862 but it was impossible to say when. 692 00:28:49,863 --> 00:28:51,647 I'm so sorry. 693 00:28:51,691 --> 00:28:54,346 You understand that if my board of directors 694 00:28:54,389 --> 00:28:56,478 know about my diagnosis, 695 00:28:56,522 --> 00:28:59,264 I will be fired from my own company. 696 00:28:59,307 --> 00:29:01,179 You've known all along. 697 00:29:01,222 --> 00:29:04,312 That's why you write things down in those notebooks. 698 00:29:05,705 --> 00:29:07,751 You want to make sure nothing gets away from you. 699 00:29:10,884 --> 00:29:13,191 You get used to being the sharpest mind in the room, 700 00:29:13,234 --> 00:29:15,628 and when that mind no longer cooperates, 701 00:29:15,671 --> 00:29:17,325 you develop tricks. 702 00:29:18,631 --> 00:29:21,852 Well... for quite a while you had me fooled, 703 00:29:21,895 --> 00:29:24,071 and I'm a trained psychologist. 704 00:29:25,377 --> 00:29:28,859 I know you mean that as some sort of compliment, but... 705 00:29:28,902 --> 00:29:31,862 I've lived my whole life working, building, 706 00:29:31,905 --> 00:29:33,951 trying to create a legacy, 707 00:29:33,994 --> 00:29:36,736 trying to be someone people will remember. 708 00:29:36,780 --> 00:29:38,869 Then you wake up one day to discover 709 00:29:38,912 --> 00:29:41,349 you won't even remember yourself. 710 00:29:44,700 --> 00:29:47,878 I don't have close friends, never had kids. 711 00:29:47,921 --> 00:29:49,618 Barely know my nieces and nephews. 712 00:29:49,662 --> 00:29:50,968 I'm always working. 713 00:29:51,011 --> 00:29:52,796 My husband, the one person 714 00:29:52,839 --> 00:29:55,973 I had any true connection to is... 715 00:29:56,016 --> 00:29:58,366 One of the hallmarks of this disease 716 00:29:58,410 --> 00:30:00,847 is that people become aggressive. 717 00:30:00,891 --> 00:30:02,109 They have episodes of violence 718 00:30:02,153 --> 00:30:05,286 that are totally out of character. 719 00:30:06,722 --> 00:30:09,334 Are you suggesting I might have killed Peter? 720 00:30:09,377 --> 00:30:11,379 I think it's certainly a possibility. 721 00:30:11,423 --> 00:30:14,905 And knowing what I know now, 722 00:30:14,948 --> 00:30:16,602 I'm considering making your disease 723 00:30:16,645 --> 00:30:18,952 a cornerstone of our defense. 724 00:30:18,996 --> 00:30:20,911 You should change your plea 725 00:30:20,954 --> 00:30:23,827 to not guilty by reason of insanity. 726 00:30:25,567 --> 00:30:27,439 You have an opinion about that? 727 00:30:27,482 --> 00:30:29,310 Would you and your company 728 00:30:29,354 --> 00:30:31,008 like to continue on as my legal team? 729 00:30:31,051 --> 00:30:32,661 Very much. 730 00:30:32,705 --> 00:30:34,620 Then you would do well to forget everything you said here 731 00:30:34,663 --> 00:30:38,232 this morning, most especially that last suggestion. 732 00:30:39,712 --> 00:30:41,714 Do we understand each other? 733 00:30:42,758 --> 00:30:44,195 Perfectly. 734 00:30:45,239 --> 00:30:47,633 I'll see you in court tomorrow. 735 00:30:47,676 --> 00:30:49,678 See you in court. 736 00:30:54,509 --> 00:30:56,511 We have the now-famous fire extinguisher 737 00:30:56,555 --> 00:31:00,994 with blood, bits of skull and brain matter. 738 00:31:01,038 --> 00:31:03,344 Does anyone know when lunch is getting here?Taylor. 739 00:31:03,388 --> 00:31:04,911 TAYLOR: You know we were all thinking it. 740 00:31:04,955 --> 00:31:06,739 Shattered wine glass. 741 00:31:06,782 --> 00:31:08,915 One unshattered wine glass. 742 00:31:08,959 --> 00:31:11,396 Two empty bottles of wine. 743 00:31:11,439 --> 00:31:13,311 One empty bottle of scotch. 744 00:31:13,354 --> 00:31:15,400 And last but not least... 745 00:31:16,836 --> 00:31:19,578 ...a plastic bag inside a plastic bag. 746 00:31:19,621 --> 00:31:21,188 Looks like one of those bags you get 747 00:31:21,232 --> 00:31:22,581 from the fruit and vegetable aisle. 748 00:31:22,624 --> 00:31:24,626 That doesn't make any sense. It has, uh, 749 00:31:24,670 --> 00:31:26,933 traces of lime, lipstick, 750 00:31:26,977 --> 00:31:29,631 an eyelash... and sputum. 751 00:31:29,675 --> 00:31:32,417 Really? 752 00:31:32,460 --> 00:31:34,114 Whose sputum? 753 00:31:34,158 --> 00:31:36,160 According to this, Rachel's sputum. 754 00:31:40,294 --> 00:31:43,254 You wanted to see me before court this morning. 755 00:31:43,297 --> 00:31:45,125 Yeah. 756 00:31:45,169 --> 00:31:48,346 I think we have a good shot at accomplishing our goals here. 757 00:31:48,389 --> 00:31:50,652 Excellent. 758 00:31:50,696 --> 00:31:54,265 When this is over-- when we prevail-- 759 00:31:54,308 --> 00:31:56,441 I need you to promise me 760 00:31:56,484 --> 00:31:58,138 you will resign. 761 00:31:58,182 --> 00:32:00,836 You're entitled to your privacy, 762 00:32:00,880 --> 00:32:02,273 but people pay you for your judgment. 763 00:32:02,316 --> 00:32:04,188 And to the extent that's compromised... 764 00:32:04,231 --> 00:32:05,841 And if I say no? 765 00:32:05,885 --> 00:32:07,582 Then I'll withdraw from the case. 766 00:32:07,626 --> 00:32:09,976 Benny can't. Judge won't allow it. 767 00:32:10,020 --> 00:32:12,892 But I'm the one calling the shots. 768 00:32:12,936 --> 00:32:14,807 And without me, I'd say 769 00:32:14,850 --> 00:32:17,941 you're looking at no less than 20 years in prison. 770 00:32:20,726 --> 00:32:22,815 You're a wealthy woman, Rachel. 771 00:32:22,858 --> 00:32:25,426 For God's sake, 772 00:32:25,470 --> 00:32:27,037 own your destiny. 773 00:32:27,080 --> 00:32:28,908 Don't let it own you. 774 00:32:28,952 --> 00:32:31,998 Resign with dignity. 775 00:32:32,042 --> 00:32:33,304 If you don't, 776 00:32:33,347 --> 00:32:35,610 if... 777 00:32:35,654 --> 00:32:38,874 you manage to get away with no jail time, 778 00:32:38,918 --> 00:32:41,007 the truth about your condition will leak out. 779 00:32:41,051 --> 00:32:43,444 It always does. And you'll be fired. 780 00:32:43,488 --> 00:32:44,837 And sued. 781 00:32:44,880 --> 00:32:47,318 And everything you have spent all this time building 782 00:32:47,361 --> 00:32:49,537 will have been for naught. 783 00:32:49,581 --> 00:32:51,061 BENNY: Dr. Miller, 784 00:32:51,104 --> 00:32:54,412 if you could please explain to the jury exactly who you are 785 00:32:54,455 --> 00:32:56,370 and what it is you do. 786 00:32:56,414 --> 00:32:58,851 I am a doctor of forensic science. 787 00:32:58,894 --> 00:33:02,463 I worked for the Nassau County Police Department for 25 years. 788 00:33:02,507 --> 00:33:04,988 I led their forensic unit 789 00:33:05,031 --> 00:33:07,033 for 15 of those. 790 00:33:07,077 --> 00:33:09,079 Then I retired 791 00:33:09,122 --> 00:33:11,385 and opened up my own private shop 792 00:33:11,429 --> 00:33:12,821 about five years ago, 793 00:33:12,865 --> 00:33:15,824 and I haven't had a day off since. 794 00:33:15,868 --> 00:33:18,871 Now, when you say you opened up your own private shop, 795 00:33:18,914 --> 00:33:21,004 can you please explain the nature 796 00:33:21,047 --> 00:33:23,745 of your work.The short version is I analyze 797 00:33:23,789 --> 00:33:26,922 all the elements of a given crime scene 798 00:33:26,966 --> 00:33:29,055 in an attempt to create 799 00:33:29,099 --> 00:33:31,884 a likely picture of what actually happened. 800 00:33:31,927 --> 00:33:33,277 The order of events. 801 00:33:33,320 --> 00:33:35,453 Why it happened. 802 00:33:35,496 --> 00:33:37,324 I like to think of myself 803 00:33:37,368 --> 00:33:39,892 as a criminal puzzle solver. 804 00:33:39,935 --> 00:33:41,154 Ah. Excellent. 805 00:33:41,198 --> 00:33:42,590 And did you have occasion 806 00:33:42,634 --> 00:33:45,115 to review the evidence in our case? 807 00:33:45,158 --> 00:33:46,638 Just came from the evidence locker. 808 00:33:46,681 --> 00:33:48,553 I believe I've seen all of it. 809 00:33:48,596 --> 00:33:52,078 Now, this plastic bag 810 00:33:52,122 --> 00:33:54,733 that you and the jury are seeing on the monitor-- 811 00:33:54,776 --> 00:33:56,865 that was recovered from the crime scene, 812 00:33:56,909 --> 00:33:58,606 was it not?Yes, sir. 813 00:33:58,650 --> 00:34:00,956 Recovered, tagged and entered into evidence. 814 00:34:01,000 --> 00:34:04,612 And you believe this plastic bag is of enormous significance, 815 00:34:04,656 --> 00:34:05,787 don't you?MILLER: I do. 816 00:34:05,831 --> 00:34:08,007 It was recovered from the boat 817 00:34:08,051 --> 00:34:09,487 on the port side 818 00:34:09,530 --> 00:34:12,838 near where the prosecution believes that the struggle 819 00:34:12,881 --> 00:34:16,276 between the defendant and Peter Thomas took place. 820 00:34:16,320 --> 00:34:19,062 And why are we just hearing about this bag now? 821 00:34:19,105 --> 00:34:21,586 Well, I can't answer that. But it appears 822 00:34:21,629 --> 00:34:25,242 that even though the bag was submitted for lab testing, 823 00:34:25,285 --> 00:34:28,158 nobody drilled down on the results 824 00:34:28,201 --> 00:34:31,509 because a plastic produce bag 825 00:34:31,552 --> 00:34:34,338 didn't figure into the narrative that police had come up with. 826 00:34:34,381 --> 00:34:35,600 But you 827 00:34:35,643 --> 00:34:37,645 have drilled down on the lab results. 828 00:34:37,689 --> 00:34:39,256 And what did they reveal? 829 00:34:39,299 --> 00:34:41,910 MILLER: They reveal that the bag contained, 830 00:34:41,954 --> 00:34:43,956 in addition to lime remnants, 831 00:34:43,999 --> 00:34:46,045 smeared traces of lipstick, 832 00:34:46,089 --> 00:34:48,221 sunscreen, an eyelash 833 00:34:48,265 --> 00:34:50,310 and a significant amount of sputum. 834 00:34:50,354 --> 00:34:51,616 I see. 835 00:34:51,659 --> 00:34:54,314 And can you please explain to the jury 836 00:34:54,358 --> 00:34:56,403 what sputum is, 837 00:34:56,447 --> 00:34:57,665 in layman's terms. 838 00:34:57,709 --> 00:35:00,581 It's a combination of mucus, saliva and blood 839 00:35:00,625 --> 00:35:03,715 usually coughed up from the lower airways. 840 00:35:03,758 --> 00:35:05,369 And did you conduct 841 00:35:05,412 --> 00:35:09,199 a DNA comparison to determine the origin of the sputum? 842 00:35:09,242 --> 00:35:12,027 I didn't have to. The police did, and it belonged 843 00:35:12,071 --> 00:35:14,465 to the defendant, Rachel Thomas. 844 00:35:14,508 --> 00:35:16,771 [gallery murmuring]BENNY: And based on your knowledge and experience, 845 00:35:16,815 --> 00:35:20,601 how do you explain the presence of her sputum in the bag? 846 00:35:20,645 --> 00:35:22,125 Well, 847 00:35:22,168 --> 00:35:25,128 it seems to be the by-product of a physical struggle 848 00:35:25,171 --> 00:35:26,955 of the kind that might arise 849 00:35:26,999 --> 00:35:29,044 if someone had placed the bag 850 00:35:29,088 --> 00:35:31,090 over Mrs. Thomas' head 851 00:35:31,134 --> 00:35:33,745 in an attempt to suffocate her. 852 00:35:33,788 --> 00:35:35,138 FOLEY: Quiet, please.[gavel bangs] 853 00:35:35,181 --> 00:35:36,443 Don't force me to clear 854 00:35:36,487 --> 00:35:38,663 the courtroom.He tried to kill me? 855 00:35:38,706 --> 00:35:40,839 I believe so. 856 00:35:42,580 --> 00:35:44,321 Your witness. 857 00:35:50,588 --> 00:35:52,503 Dr. Miller, 858 00:35:52,546 --> 00:35:55,288 everything you just described-- 859 00:35:55,332 --> 00:35:57,638 it's really just a guess, isn't it? 860 00:35:57,682 --> 00:36:01,425 I mean, you have no way of knowing that's what happened. 861 00:36:01,468 --> 00:36:03,557 Knowing? Well, of course not. 862 00:36:03,601 --> 00:36:05,559 There were no eyewitnesses, 863 00:36:05,603 --> 00:36:09,041 and the defendant doesn't remember what happened. 864 00:36:09,084 --> 00:36:10,173 A yes or no, please. 865 00:36:11,435 --> 00:36:13,828 Yes, I have no way of knowing. 866 00:36:13,872 --> 00:36:17,658 All I can do is apply everything I've learned, 867 00:36:17,702 --> 00:36:19,747 everything I know, and combine that 868 00:36:19,791 --> 00:36:22,750 with the irrefutable facts in front of me, 869 00:36:22,794 --> 00:36:26,319 just like I've been doing for the past three decades. 870 00:36:26,363 --> 00:36:28,495 Just like I've done for you 871 00:36:28,539 --> 00:36:32,282 over the past-- what is it-- seven or eight cases 872 00:36:32,325 --> 00:36:34,153 over the last few years. 873 00:36:34,197 --> 00:36:36,373 No further questions, Your Honor. 874 00:36:37,635 --> 00:36:40,246 We just got our first two greens. 875 00:36:40,290 --> 00:36:42,640 BENNY: Dr. Allendale, we asked you 876 00:36:42,683 --> 00:36:45,338 to examine Rachel's mugshots, 877 00:36:45,382 --> 00:36:46,644 which were taken 878 00:36:46,687 --> 00:36:49,560 the morning Peter was discovered missing. 879 00:36:49,603 --> 00:36:51,214 As a medical expert, 880 00:36:51,257 --> 00:36:53,564 what do you see when you look at these? 881 00:36:53,607 --> 00:36:55,261 Well, the first thing that jumps out at you 882 00:36:55,305 --> 00:36:58,351 is Mrs. Thomas' red, puffy eyes. 883 00:36:58,395 --> 00:36:59,744 BENNY: Are those from crying? 884 00:36:59,787 --> 00:37:02,181 ALLENDALE: No, because in addition, you also have 885 00:37:02,225 --> 00:37:05,619 broken capillaries beneath each eye. 886 00:37:05,663 --> 00:37:08,753 That combination is consistent 887 00:37:08,796 --> 00:37:11,277 with someone who's had their airway blocked. 888 00:37:11,321 --> 00:37:12,626 BENNY: Hmm. 889 00:37:12,670 --> 00:37:14,280 Sort of thing that might happen 890 00:37:14,324 --> 00:37:16,587 if someone puts a plastic bag over your head? 891 00:37:16,630 --> 00:37:17,718 Precisely. 892 00:37:18,589 --> 00:37:20,068 We just got our third green. 893 00:37:20,112 --> 00:37:21,635 Do tell.BENNY: You also studied 894 00:37:21,679 --> 00:37:24,421 the X-rays of my client's wrist. 895 00:37:24,464 --> 00:37:25,857 What did you conclude from those? 896 00:37:25,900 --> 00:37:29,164 Mrs. Thomas had a sprain 897 00:37:29,208 --> 00:37:32,951 to the ulnar aspect of her forearm, 898 00:37:32,994 --> 00:37:35,214 which is almost always indicative 899 00:37:35,258 --> 00:37:39,000 of someone attempting to block a blow. 900 00:37:39,044 --> 00:37:41,394 It's actually one of the hallmarks 901 00:37:41,438 --> 00:37:43,788 of a defensive injury. 902 00:37:43,831 --> 00:37:45,137 A defensive injury. 903 00:37:46,269 --> 00:37:47,922 I see. 904 00:37:47,966 --> 00:37:50,447 Now, let's talk about the victim's injuries. 905 00:37:50,490 --> 00:37:53,232 Peter's lacerations to the skull. 906 00:37:53,276 --> 00:37:55,887 Now, what we're looking at here are the injuries 907 00:37:55,930 --> 00:37:59,064 believed to have been caused by the fire extinguisher. 908 00:37:59,107 --> 00:38:01,327 What can you tell us about these?ALLENDALE: Again, 909 00:38:01,371 --> 00:38:04,678 to my eye, these are defensive injuries 910 00:38:04,722 --> 00:38:07,551 based on the angle and the speed. 911 00:38:07,594 --> 00:38:09,640 My guess is 912 00:38:09,683 --> 00:38:10,858 that they were delivered by someone 913 00:38:10,902 --> 00:38:13,557 who was being restrained in some way. 914 00:38:13,600 --> 00:38:16,037 Say, someone with a plastic bag over their head? 915 00:38:16,081 --> 00:38:17,952 It's certainly possible. 916 00:38:17,996 --> 00:38:18,997 Objection. 917 00:38:19,040 --> 00:38:20,520 Defense attorney is speculating, 918 00:38:20,564 --> 00:38:23,044 and his expert witness is swearing to it. 919 00:38:23,088 --> 00:38:24,437 Objection sustained. 920 00:38:24,481 --> 00:38:25,873 Mr. Colón, 921 00:38:25,917 --> 00:38:28,746 I need you to bring this to some sort of conclusion. 922 00:38:28,789 --> 00:38:31,792 Some sort of conclusion that isn't speculative. 923 00:38:31,836 --> 00:38:32,924 Of course, Your Honor. 924 00:38:32,967 --> 00:38:34,969 Absolutely, Your Honor. 925 00:38:35,013 --> 00:38:38,277 Now, you keep mentioning... 926 00:38:38,321 --> 00:38:40,497 defensive wounds, 927 00:38:40,540 --> 00:38:42,803 defensive injuries.It all makes a lot more sense 928 00:38:42,847 --> 00:38:45,458 if we think of the accused as the victim 929 00:38:45,502 --> 00:38:48,461 and her dead husband as the attacker. 930 00:38:48,505 --> 00:38:50,420 [gallery murmuring]BENNY: I see. 931 00:38:52,465 --> 00:38:54,424 So... 932 00:38:54,467 --> 00:38:56,730 my client as the victim 933 00:38:56,774 --> 00:38:59,907 and the deceased as the attacker. 934 00:38:59,951 --> 00:39:01,082 Got it. 935 00:39:01,126 --> 00:39:03,781 Thank you, Dr. Allendale. 936 00:39:03,824 --> 00:39:05,260 No further questions, Your Honor. 937 00:39:05,304 --> 00:39:06,914 The defense rests. 938 00:39:07,915 --> 00:39:10,309 I am staring at seven green. 939 00:39:12,137 --> 00:39:14,400 Ladies and gentlemen of the jury, 940 00:39:14,444 --> 00:39:17,360 "beyond a reasonable doubt." 941 00:39:18,535 --> 00:39:21,102 That's what the prosecution told you 942 00:39:21,146 --> 00:39:22,887 when we began this trial, 943 00:39:22,930 --> 00:39:25,498 that they would prove beyond reasonable doubt 944 00:39:25,542 --> 00:39:28,240 that my client was guilty of second-degree murder. 945 00:39:29,372 --> 00:39:30,808 Well... 946 00:39:30,851 --> 00:39:33,985 how's this for reasonable doubt? 947 00:39:34,028 --> 00:39:37,771 Their victim tried to kill my client. 948 00:39:37,815 --> 00:39:38,990 Why? 949 00:39:39,033 --> 00:39:40,774 'Cause she loved him. 950 00:39:40,818 --> 00:39:43,560 She didn't want the marriage to end. 951 00:39:43,603 --> 00:39:45,344 Even though he was seeing somebody else, 952 00:39:45,388 --> 00:39:47,607 even though she could have ended the union 953 00:39:47,651 --> 00:39:49,609 without it costing her a dime. 954 00:39:50,610 --> 00:39:52,482 She loved him. 955 00:39:52,525 --> 00:39:54,309 And she didn't want to live without him. 956 00:39:54,353 --> 00:39:57,661 Now, I'm guessing that when he finally broke down 957 00:39:57,704 --> 00:39:59,358 and told her it was over, 958 00:39:59,402 --> 00:40:01,404 she told him that if 959 00:40:01,447 --> 00:40:04,842 he forced her hand, he'd leave with nothing. 960 00:40:06,496 --> 00:40:10,021 And that's when he decided his only option was to kill her. 961 00:40:11,065 --> 00:40:14,417 Say she drank too much and fell overboard 962 00:40:14,460 --> 00:40:17,420 and live happily ever after with her fortune. 963 00:40:18,682 --> 00:40:20,248 Well, ladies and gentlemen of the jury, 964 00:40:20,292 --> 00:40:23,121 you cannot convict somebody for loving their mate too much. 965 00:40:23,164 --> 00:40:26,037 You cannot convict somebody for defending themselves 966 00:40:26,080 --> 00:40:27,473 after they've been attacked. 967 00:40:27,517 --> 00:40:29,693 And you cannot convict somebody 968 00:40:29,736 --> 00:40:32,217 for not remembering any of it. 969 00:40:34,088 --> 00:40:37,091 None of these things are a crime. 970 00:40:38,876 --> 00:40:40,660 Thank you for your patience. 971 00:40:40,704 --> 00:40:43,097 We are relying on your good judgment. 972 00:40:43,141 --> 00:40:44,795 Thank you very much. 973 00:40:46,840 --> 00:40:48,668 FOLEY: Ladies and gentlemen of the jury, 974 00:40:48,712 --> 00:40:50,496 that concludes the testimony. 975 00:40:50,540 --> 00:40:52,498 The court officer will escort youWe have nine greens, Bull. 976 00:40:52,542 --> 00:40:54,195 to the jury room, where you will beginNine greens. 977 00:40:54,239 --> 00:40:55,545 your deliberations. 978 00:40:58,548 --> 00:41:00,506 Rachel, 979 00:41:00,550 --> 00:41:03,814 I have been doing this a very long time. 980 00:41:03,857 --> 00:41:07,382 And while I've made it policy not to speculate about verdicts 981 00:41:07,426 --> 00:41:09,646 before juries actually announce them, 982 00:41:09,689 --> 00:41:12,344 I would be stunned 983 00:41:12,387 --> 00:41:14,912 if you weren't found not guilty. 984 00:41:20,918 --> 00:41:24,443 That's wonderful news, Dr. Bull. 985 00:41:24,487 --> 00:41:27,490 It's an incredible relief. Thank you. 986 00:41:29,056 --> 00:41:31,015 I... [soft chuckle] 987 00:41:31,058 --> 00:41:34,497 I can't wait to go home and tell Peter. 988 00:41:36,150 --> 00:41:37,500 [chuckles] 989 00:41:39,589 --> 00:41:41,547 [sighs] 990 00:41:43,984 --> 00:41:45,246 ["Chances Are" by Johnny Mathis playing] 991 00:41:45,290 --> 00:41:47,466 MARISSA: Knock, knock, knock. 992 00:41:47,510 --> 00:41:48,728 We don't want any. 993 00:41:48,772 --> 00:41:51,688 I think you might have missed this today. 994 00:41:51,731 --> 00:41:53,124 The business section. 995 00:41:53,167 --> 00:41:55,213 Big article about Rachel retiring, 996 00:41:55,256 --> 00:41:56,519 moving to London, 997 00:41:56,562 --> 00:41:59,304 donating a ton of money to Alzheimer's research. 998 00:41:59,347 --> 00:42:02,699 Hmm.I wonder wherever she got that idea. 999 00:42:02,742 --> 00:42:04,788 Who'd have thunk it? 1000 00:42:04,831 --> 00:42:07,399 I like what she says about owning your own destiny, 1001 00:42:07,442 --> 00:42:09,140 not letting it own you. 1002 00:42:09,183 --> 00:42:10,402 She said that? 1003 00:42:10,445 --> 00:42:12,056 Mm. It's right there. 1004 00:42:12,099 --> 00:42:14,449 Oh. You're right. 1005 00:42:14,493 --> 00:42:16,234 That is brilliant. 1006 00:42:16,277 --> 00:42:18,105 Wish I could come up with stuff like that. 1007 00:42:18,149 --> 00:42:19,672 [scoffs] Okay, don't make me listen to this. 1008 00:42:19,716 --> 00:42:22,980 You mind if I leave?Sure thing. 1009 00:42:23,023 --> 00:42:26,113 Own your own destiny. See if I care. 1010 00:42:26,157 --> 00:42:27,593 ♪ The moment 1011 00:42:27,637 --> 00:42:30,683 ♪ That your lips meet mine 1012 00:42:32,598 --> 00:42:34,513 ♪ Chances are you think my... 1013 00:42:44,262 --> 00:42:46,264 Captioning sponsored by CBS 1014 00:42:50,268 --> 00:42:53,271 Captioned by Media Access Group at WGBH access.wgbh.org 73345

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