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Was it Mr. Sabich's pattern...
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As day two of the trial begins,
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the courtroom remains
abuzz with anticipation.
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The prosecution's strong
start has set the stage
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for a riveting legal battle.
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Molto's opening statement was
nothing short of compelling.
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With a commanding presence and unwavering
conviction, he set the stage...
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beyond a reasonable doubt.
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Tommy Molto delivered an
impassioned opening statement
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that resonated with both
the jury and the public.
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Going head-to-head against renowned
defense attorney Raymond Horgan.
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Or will Tommy Molto's
captivating opening statement
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00:00:41,291 --> 00:00:43,501
continue to resonate,
securing what appears to be
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a solid foundation for
the prosecution's case?
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You're a fucking asshole!
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Doctor, can you describe
what we're seeing here?
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The blunt force wounds that
resulted in the death of the victim,
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Carolyn Polhemus.
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Struck three times by a thin, heavy object
resulting in laceration of the scalp,
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severe contusions, skull
fractures, brain herniation.
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Herniation?
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Cranial pressure forced
sections of her brain to shift,
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seek an exit.
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So that's her brain seeping
through the fractures?
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Correct. What the
photos don't show
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is that it also pushed
through the foramen magnum.
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That's where the spine
enters the base of the skull.
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- And this was the cause of death?
- It would have been,
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but she bled to death before
the herniation could kill her.
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What was the estimated
time of death?
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Body temperature and stages
of rigor and livor mortis
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put it between 10
p.m. and midnight.
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And the markings on her face?
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They indicate a fall.
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She was struck once on
the back of the head,
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falling face forward,
breaking her nose,
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thus the markings under
her eyes and on her cheeks.
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She was then struck two more
times in the back of the skull.
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The contusion on her face occurred
while she was still alive.
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The fatal blows came after.
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Is there any evidence that
she tried to defend herself?
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There were no conclusive
defensive wounds.
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Traces of the defendant's skin
were determined to be present
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under one of the
victim's fingernails.
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Is it possible she scratched him as
she was trying to defend herself?
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It's possible. More likely,
she never saw it coming.
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And you stated that the
blow didn't kill her,
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- that she lay there, bleeding out?
- Yes, sir.
49
00:02:03,457 --> 00:02:04,999
- She suffered.
- Leading.
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- Did she suffer?
- I cannot conclude that.
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She was most likely unconscious
from the blows to the skull.
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Can you rule out that she was
conscious, that she suffered?
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I cannot rule that out, no.
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Doctor, do you have any other
findings in regard to Ms. Polhemus?
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Yes. She was six weeks pregnant
at the time she was killed.
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Your Honor, at this time,
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I would enter the parties' joint
stipulation as to the DNA analysis,
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which confirms the
defendant's paternity.
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So noted.
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So the defendant
impregnated the victim?
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Yes, he did.
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That's all I have.
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Mr. Horgan.
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The defense will not be challenging
this witness, Your Honor.
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- Dr. Kumagai...
- Actually, I'm old and I...
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better make sure that
I didn't miss anything.
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You said, "A thin,
heavy object."
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As I understand it,
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you make no findings as to who
swung this thin, heavy object.
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- In fact, they don't even suggest it.
- Correct.
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You make no medical
determinations
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as to who killed
Carolyn Polhemus.
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I can only state with
an absolute certainty
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that this was a homicide.
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Uh-huh.
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And no thin, heavy object or murder
weapon of any kind has been recovered?
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Correct.
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Thank you.
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Mr. Molto. Redirect?
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Do not.
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- We got what we needed. Move...
- Doctor, after you completed the autopsy,
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did you have chance to
encounter the defendant?
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Yes, he came to our office and
aggressively demanded to see the body.
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Is that typical, for a district
attorney to show up like that?
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It's been known to happen, but
it's certainly not routine.
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Did Mr. Sabich have a pattern
of showing up to view victims?
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- No.
- Did Mr. Sabich ever show up
88
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- to personally view a homicide victim?
- Never.
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But he showed up on this
day. What was his demeanor?
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- He was agitated, erratic, even scared.
- Scared?
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Which I didn't understand then.
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But you do now?
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My sense, he didn't want
to just know my findings,
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00:04:04,786 --> 00:04:06,705
it was as if he
was scared of them.
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There was something
off about him.
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That's all I have.
97
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Doctor, do you have any psychological
foundation to render behavioral diagnosis
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when it comes to
agitation, fright or...
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"off"?
100
00:04:24,056 --> 00:04:25,848
I have a history
with the defendant,
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one that allows me to form lay
opinions based on his behavior,
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and he was acting
out of the ordinary.
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You have a history with
him. Are you two friends?
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Colleagues, not friends.
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Not friends. In fact, you consider
my client to be an asshole.
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- Objection.
- Offered to show bias.
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I'll allow it.
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Things get heated sometimes, and
I do regret calling him that.
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You don't have any bias, say,
against district attorneys?
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Of course not.
That's preposterous.
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- You ever call me an asshole?
- Objection.
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Your Honor, if there is
prejudice at play here...
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Short leash.
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Doctor.
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00:05:01,426 --> 00:05:04,095
You and I have gotten into
it a few times as well.
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I mean, it happens
in our line of work.
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It is a very contentious,
high-pressure process
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and sometimes we decompress
by blowing off some steam.
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00:05:10,978 --> 00:05:14,605
But I certainly do not have
a bias against prosecutors,
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and I take extreme
offense to that.
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Did you ever call
Tommy Molto an asshole?
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- Objection.
- No more than you.
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Dr. Kumagai.
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Maybe this is why you
didn't get reelected.
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00:05:23,031 --> 00:05:24,532
- Doctor.
- Don't quit your day job.
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Oh, no, that's
right. You got fired,
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00:05:25,868 --> 00:05:27,326
- right? Yeah.
- Dr. Kumagai.
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We've got to go. Head down.
129
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Copy. He's in the car.
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We had what we needed. We had
it, but you couldn't let it sit.
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That's what I said... I told
you. Just get Kumagai up there,
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and get him to establish
the time and cause of death
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and the paternity of the baby.
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00:06:00,569 --> 00:06:02,904
But you couldn't
just leave it there.
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And now we have an ME that
comes across as an aggrieved,
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00:06:07,409 --> 00:06:10,411
- grudge-bearing "dis-grunt."
- It was important testimony.
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The Rusty Sabich that everyone knows
and loves wouldn't have done this,
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00:06:13,665 --> 00:06:16,334
so we have to establish
wherever and whenever possible
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that at some point he stopped
being that Rusty Sabich.
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It was a net win.
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00:06:20,172 --> 00:06:23,216
I'm gonna call this
a net fucking loss.
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It's a circumstantial case that's
gonna be built on bits and pieces,
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the tiniest and
smallest of increments.
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Kumagai is just the first piece.
145
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Rusty Sabich was
unhinged, other.
146
00:06:35,896 --> 00:06:39,608
The skin under Carolyn's fingernail
wasn't in the initial report.
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00:06:40,734 --> 00:06:42,110
FSC is backlogged.
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Kumagai just took a little longer
with that part of the analysis.
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00:06:49,493 --> 00:06:53,037
The forensic pathologist, he
figures to be a lot tougher.
150
00:06:53,038 --> 00:06:54,455
Jeremy Buck.
151
00:06:54,456 --> 00:06:58,167
He's probably the best. He was
always my go-to. Yours too, Rusty.
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He's as precise
as he is graphic,
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so we think it's best if neither of
you actually look at the photographs.
154
00:07:04,299 --> 00:07:09,179
Just straight forward,
neutral, numb. Okay?
155
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Can we talk about body
language for a sec?
156
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What about it?
157
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Well, we didn't love
what we saw today.
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You guys need to look together.
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00:07:18,939 --> 00:07:21,399
The jury's going to be
taking cues from you,
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00:07:21,400 --> 00:07:25,279
and they need to see "I love him.
I believe in him" at every turn.
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00:07:25,779 --> 00:07:28,781
And if the media, they swarm
again like they did today,
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00:07:28,782 --> 00:07:32,870
maybe, Rusty, you could put your
arm around Barbara and shield her.
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Barbara?
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So...
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we want the jury to believe
that he's my protector.
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Yeah, in a sense.
In that situation.
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Raymond, I...
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can't claim to know your job,
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00:07:57,144 --> 00:07:59,312
but I think insulting
the jury's intelligence
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is not the best path.
171
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What they're likely to see on
my face is going to be shock.
172
00:08:06,653 --> 00:08:08,696
My husband's on trial
for a gruesome murder.
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How could I be anything
else but fucking shocked?
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Trials often come
down to storytelling.
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Best version wins.
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And you are part
of our story here,
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and your fury isn't
going to carry the day.
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It is very difficult for
me to be in that room,
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to have to bear witness to all
the things that are gonna be said,
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all the images depicted.
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00:08:50,280 --> 00:08:51,990
That I am there at all...
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that tells the jury that I
believe in my husband's innocence.
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00:09:00,290 --> 00:09:01,959
I need to be credible.
184
00:09:02,459 --> 00:09:05,212
But for me to be credible,
I need to be truthful.
185
00:09:07,005 --> 00:09:09,049
And that is what I
will be in that room.
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I will let them see my truth.
187
00:09:16,723 --> 00:09:18,892
That I am horrified,
that I am...
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00:09:20,310 --> 00:09:21,520
sickened,
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00:09:22,604 --> 00:09:25,065
that I am repulsed
by such depravity,
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00:09:26,984 --> 00:09:30,529
that I am offended by the mere notion
that the father of my children could be...
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00:09:32,072 --> 00:09:34,157
responsible for such depravity.
192
00:09:38,120 --> 00:09:40,914
This is the darkest
hour of my fucking life.
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I will not pretend otherwise.
194
00:09:50,299 --> 00:09:52,217
Not for you two.
Not for that jury.
195
00:10:17,701 --> 00:10:22,413
We found skin cells under the
fingernails of her right hand,
196
00:10:22,414 --> 00:10:24,707
a DNA match for the defendant.
197
00:10:24,708 --> 00:10:28,377
We also found traces of
saliva on the victim's face
198
00:10:28,378 --> 00:10:31,797
and on the collar of the
shirt she had been wearing.
199
00:10:31,798 --> 00:10:33,799
DNA match for the defendant.
200
00:10:33,800 --> 00:10:39,305
Curiously, we found no DNA whatsoever
on the rope used to bind the body.
201
00:10:39,306 --> 00:10:40,932
Why do you say "curiously"?
202
00:10:40,933 --> 00:10:42,392
It was fastidious.
203
00:10:42,935 --> 00:10:46,562
The perpetrator was careful
not to leave any evidence.
204
00:10:46,563 --> 00:10:51,068
It's rare to find a scene
so bloody and messy,
205
00:10:51,652 --> 00:10:56,155
yet so sterile from an
evidentiary standpoint.
206
00:10:56,156 --> 00:10:57,573
What does that tell you?
207
00:10:57,574 --> 00:11:02,203
That great pains were taken
to clean up, to cover up.
208
00:11:02,204 --> 00:11:05,873
Based on your nearly 20 years
as a forensic pathologist,
209
00:11:05,874 --> 00:11:07,750
what is your opinion
about what happened?
210
00:11:07,751 --> 00:11:13,214
My opinion is we had a sudden
act of murderous rage...
211
00:11:13,215 --> 00:11:14,215
unplanned...
212
00:11:14,216 --> 00:11:17,093
followed by a very meticulous,
213
00:11:17,094 --> 00:11:20,680
methodical, postmortem
act of tying her up.
214
00:11:20,681 --> 00:11:22,515
That's all I have. Thank you.
215
00:11:22,516 --> 00:11:25,268
Have you ever seen a body
tied up like this before?
216
00:11:25,269 --> 00:11:30,398
I had a homicide case several years
ago where the body was bound up
217
00:11:30,399 --> 00:11:33,025
in an eerily similar
fashion, yes.
218
00:11:33,026 --> 00:11:37,697
And who was the district attorney in
charge of prosecuting that homicide?
219
00:11:37,698 --> 00:11:41,200
{\an8}There were two, Carolyn
Polhemus and Rusty Sabich.
220
00:11:41,201 --> 00:11:44,496
{\an8}And the killer in that case,
his name is Liam Reynolds.
221
00:11:46,540 --> 00:11:48,332
- He was convicted.
- Correct.
222
00:11:48,333 --> 00:11:50,084
Convicted by the prosecutors
223
00:11:50,085 --> 00:11:52,670
{\an8}- Carolyn Polhemus and Rusty Sabich.
- Correct.
224
00:11:52,671 --> 00:11:56,883
{\an8}And upon being convicted by
Carolyn Polhemus and Rusty Sabich,
225
00:11:56,884 --> 00:11:58,676
{\an8}he threatened to
get even with them.
226
00:11:58,677 --> 00:12:00,511
{\an8}- Are you aware of this?
- I am.
227
00:12:00,512 --> 00:12:05,057
{\an8}Now, I am no expert on the science
of getting even, but I suspect
228
00:12:05,058 --> 00:12:07,351
- killing one while framing the other...
- Objection.
229
00:12:07,352 --> 00:12:09,897
- Would be very...
- Sustained. Bring it up here right now.
230
00:12:20,574 --> 00:12:21,491
We discussed this.
231
00:12:21,492 --> 00:12:23,701
This office never really
investigated Mr. Reynolds...
232
00:12:23,702 --> 00:12:25,369
They never investigated
me, far as I know.
233
00:12:25,370 --> 00:12:27,330
Their burden isn't to
investigate everyone.
234
00:12:27,331 --> 00:12:29,999
- They have no duty to prove a negative.
- He made a public threat
235
00:12:30,000 --> 00:12:32,168
- to Carolyn and Rusty.
- Yes, he made a threat...
236
00:12:32,169 --> 00:12:34,212
- I thought it important the jury know.
- An empty one.
237
00:12:34,213 --> 00:12:36,172
- Why I should not have this...
- One you will not be milking.
238
00:12:36,173 --> 00:12:37,423
Entered into the record.
239
00:12:37,424 --> 00:12:40,093
Give me something tangible
and I'll let you explore it.
240
00:12:41,512 --> 00:12:44,515
Otherwise, none of your
nonsense. Now step back.
241
00:12:54,650 --> 00:12:59,570
Mr. Buck, you've been made aware
that my client and the deceased
242
00:12:59,571 --> 00:13:01,781
- were romantically intimate.
- Yes.
243
00:13:01,782 --> 00:13:05,076
And when you say, "skin was
found under her fingernails,"
244
00:13:05,077 --> 00:13:09,038
do you mean actual skin,
as in pieces of skin,
245
00:13:09,039 --> 00:13:10,790
like he'd been scratched?
246
00:13:10,791 --> 00:13:14,961
No, not visible
pieces of skin. Cells.
247
00:13:14,962 --> 00:13:18,089
If I scratched my
face like this,
248
00:13:18,090 --> 00:13:20,592
one might find skin
cells under my nails?
249
00:13:21,260 --> 00:13:22,426
It's possible.
250
00:13:22,427 --> 00:13:26,430
So, if Rusty Sabich kissed Carolyn
Polhemus, and while kissing,
251
00:13:26,431 --> 00:13:32,353
Carolyn happened to run her fingernails
along his neck or on his back,
252
00:13:32,354 --> 00:13:36,858
could that not account for the
traces of his saliva found on her
253
00:13:36,859 --> 00:13:40,904
and the DNA found under her
fingernails? Is that not possible?
254
00:13:42,614 --> 00:13:43,698
I suppose.
255
00:13:43,699 --> 00:13:46,577
So the DNA you say
suggests he killed her,
256
00:13:47,160 --> 00:13:52,249
it could just as easily say
and suggest he kissed her.
257
00:14:00,299 --> 00:14:02,134
You do get the distinction?
258
00:14:56,855 --> 00:14:57,981
You gotta go.
259
00:15:32,558 --> 00:15:35,810
Were you aware that the defendant and
Ms. Polhemus were having an affair?
260
00:15:35,811 --> 00:15:38,105
- I became aware, yes.
- How'd you become aware?
261
00:15:38,689 --> 00:15:42,316
Well, I had various
reasons to suspect.
262
00:15:42,317 --> 00:15:44,528
As for when I actually knew...
263
00:15:46,363 --> 00:15:48,531
I needed to drop a file
off in Rusty's office.
264
00:15:48,532 --> 00:15:51,033
It was late. I thought
he was gone. He wasn't.
265
00:15:51,034 --> 00:15:53,579
I walked inside. He
was kissing Carolyn.
266
00:15:56,123 --> 00:15:57,123
Yeah?
267
00:15:57,624 --> 00:16:01,043
- I got the Roberts case.
- Yeah.
268
00:16:01,044 --> 00:16:02,129
- Yeah.
- Yep.
269
00:16:03,213 --> 00:16:05,423
- Thanks. Yeah.
- There you go. I will see you tomorrow.
270
00:16:05,424 --> 00:16:08,050
I bolted and she followed me.
271
00:16:08,051 --> 00:16:13,723
And it was incredibly
embarrassing and I left.
272
00:16:13,724 --> 00:16:15,683
- When was this?
- Last February.
273
00:16:15,684 --> 00:16:17,768
Were there any other
incidences that you observed?
274
00:16:17,769 --> 00:16:20,229
Not overtly sexual,
just office gossip.
275
00:16:20,230 --> 00:16:24,651
But, I mean, sure, there
were undercurrents.
276
00:16:25,986 --> 00:16:27,029
Such as?
277
00:16:27,529 --> 00:16:31,574
One time in the underground
parking lot, I saw them.
278
00:16:31,575 --> 00:16:34,660
They were... I think, I don't
know... I think they were arguing.
279
00:16:34,661 --> 00:16:37,997
- Together. I don't know. What?
- Stay away.
280
00:16:37,998 --> 00:16:40,541
But all I'm doing is asking you
a question. So if you can just...
281
00:16:40,542 --> 00:16:42,043
That's it. Fuck's sake.
282
00:16:42,044 --> 00:16:44,754
She was in her car, he
was banging on her window,
283
00:16:44,755 --> 00:16:45,714
and she sped off.
284
00:16:45,715 --> 00:16:47,089
Fuck.
285
00:16:47,090 --> 00:16:49,926
Did you have the opportunity to
discuss any of this with Mr. Sabich?
286
00:16:49,927 --> 00:16:51,220
I did.
287
00:16:52,638 --> 00:16:53,722
What'd you say?
288
00:16:54,973 --> 00:16:56,599
I told him that I...
289
00:16:56,600 --> 00:17:01,354
that I was worried that he was,
I don't know, losing himself.
290
00:17:01,355 --> 00:17:03,941
- Losing himself?
- To her.
291
00:17:04,525 --> 00:17:08,945
He was becoming a little undone,
292
00:17:09,695 --> 00:17:10,696
obsessive.
293
00:17:14,201 --> 00:17:18,663
You didn't approve of this relationship
between Mr. Sabich and Ms. Polhemus?
294
00:17:18,664 --> 00:17:20,164
- You didn't approve?
- No, I didn't.
295
00:17:20,165 --> 00:17:23,041
And you didn't really approve
of Carolyn Polhemus, did you?
296
00:17:23,042 --> 00:17:26,380
It's not about that.
It was unprofessional.
297
00:17:27,089 --> 00:17:29,257
You didn't like
Carolyn, did you?
298
00:17:29,258 --> 00:17:30,800
No, I didn't.
299
00:17:30,801 --> 00:17:35,555
Did you ever report your concerns
about it being unprofessional to HR?
300
00:17:35,556 --> 00:17:37,432
I did not, no.
301
00:17:40,227 --> 00:17:43,938
And to your knowledge, Ms. Polhemus
never made a complaint to HR
302
00:17:43,939 --> 00:17:45,189
about Mr. Sabich?
303
00:17:45,190 --> 00:17:46,233
That's correct.
304
00:17:46,733 --> 00:17:51,488
To your knowledge, did she ever
make a complaint to HR about anyone?
305
00:17:52,823 --> 00:17:53,824
Yes.
306
00:17:55,325 --> 00:17:56,325
Who?
307
00:17:58,370 --> 00:17:59,538
Tommy Molto.
308
00:18:16,930 --> 00:18:17,931
Yeah.
309
00:18:21,101 --> 00:18:25,146
Do you have any knowledge of me
acting unprofessionally or untoward
310
00:18:25,147 --> 00:18:26,898
with respect to Ms. Polhemus?
311
00:18:26,899 --> 00:18:28,983
I have no actual knowledge, no.
312
00:18:28,984 --> 00:18:31,110
And do you have any
knowledge about the complaint
313
00:18:31,111 --> 00:18:32,486
that was filed at
human resources?
314
00:18:32,487 --> 00:18:35,823
All I know is that she didn't want
to work on any cases with you.
315
00:18:35,824 --> 00:18:38,827
She said that you gave her ick.
316
00:18:43,624 --> 00:18:49,045
Okay. Did you ever witness me acting
unprofessionally toward the victim?
317
00:18:49,046 --> 00:18:50,213
Not really.
318
00:18:50,214 --> 00:18:52,549
How about Rusty Sabich?
319
00:19:00,390 --> 00:19:05,686
Yes. The defendant seemed
obsessed, losing himself to her.
320
00:19:05,687 --> 00:19:07,271
That's your testimony?
321
00:19:07,272 --> 00:19:08,649
That is my testimony.
322
00:19:11,235 --> 00:19:12,653
Thank you so much.
323
00:19:34,633 --> 00:19:35,968
Hey.
324
00:19:37,636 --> 00:19:38,720
It's okay.
325
00:19:42,391 --> 00:19:44,977
I almost feel sorry
for him, Tommy.
326
00:19:48,647 --> 00:19:49,898
I almost did too,
327
00:19:50,482 --> 00:19:54,360
but then I remembered
he's a fucking cockroach.
328
00:19:54,361 --> 00:19:57,614
You can't squish him.
He keeps coming back.
329
00:19:59,366 --> 00:20:03,203
And he's made his points.
330
00:20:03,787 --> 00:20:05,037
You're worried.
331
00:20:05,038 --> 00:20:09,500
Well, if the jury... they...
sticks with the burden of proof,
332
00:20:09,501 --> 00:20:11,253
I like where we are, but...
333
00:20:12,880 --> 00:20:17,467
if they need someone to pin
this on, it'll be Rusty.
334
00:20:36,320 --> 00:20:37,320
You okay?
335
00:20:39,239 --> 00:20:40,240
You okay?
336
00:20:53,712 --> 00:20:54,712
In my psych class,
337
00:20:54,713 --> 00:20:58,175
we've been reading some stuff
about trauma and disassociation.
338
00:20:58,759 --> 00:21:02,053
How the brain can protect
people from themselves.
339
00:21:02,054 --> 00:21:03,639
Like an involuntary...
340
00:21:05,933 --> 00:21:08,310
detachment from reality.
341
00:21:10,187 --> 00:21:11,230
You ever feel that?
342
00:21:13,857 --> 00:21:14,858
How do you mean?
343
00:21:18,111 --> 00:21:19,112
Just...
344
00:21:25,077 --> 00:21:27,496
People can disassociate
from their memories.
345
00:21:29,831 --> 00:21:30,832
If it's...
346
00:21:33,001 --> 00:21:35,879
If they do something that they
can't reconcile with or...
347
00:21:37,923 --> 00:21:40,050
what they perceive
themselves to be...
348
00:21:42,970 --> 00:21:44,887
it can cause a disassociation.
349
00:21:44,888 --> 00:21:46,265
My memory is fine.
350
00:22:42,196 --> 00:22:43,906
Rusty, I need to talk to you.
351
00:22:51,788 --> 00:22:52,915
Okay.
352
00:22:54,458 --> 00:22:57,169
So a couple of months ago...
353
00:23:00,130 --> 00:23:03,884
around the time I got
fired from the gallery,
354
00:23:04,635 --> 00:23:09,264
I started going to
a bar in the day.
355
00:23:12,142 --> 00:23:13,477
And...
356
00:23:14,853 --> 00:23:18,106
the bar had a
bartender and he...
357
00:23:19,525 --> 00:23:21,359
had a PhD in art.
358
00:23:21,360 --> 00:23:23,862
And so we got talking and...
359
00:23:27,115 --> 00:23:29,701
we actually really
connected, and...
360
00:23:32,996 --> 00:23:36,458
we kissed. I kissed him.
361
00:23:41,505 --> 00:23:43,090
But that was all that happened.
362
00:24:21,962 --> 00:24:25,632
It was just a
distraction. It was...
363
00:24:27,509 --> 00:24:29,136
It was just a kiss.
364
00:24:30,971 --> 00:24:32,139
Where did it happen?
365
00:24:34,933 --> 00:24:36,518
At his apartment.
366
00:24:38,478 --> 00:24:41,023
- I wanted to see his art.
- At his apartment?
367
00:24:42,608 --> 00:24:44,568
- That's all.
- You wanted to see his...
368
00:24:45,194 --> 00:24:47,571
- piece of his art?
- Don't, Rusty.
369
00:25:00,792 --> 00:25:02,419
- Did you fuck him?
- No.
370
00:25:04,505 --> 00:25:05,589
No.
371
00:25:10,302 --> 00:25:12,012
Why are you telling me this now?
372
00:25:14,348 --> 00:25:16,934
I want to be honest with you.
373
00:25:20,395 --> 00:25:23,606
I thought we were being
honest with each other.
374
00:25:23,607 --> 00:25:27,486
I'm on trial... for my life.
375
00:25:29,613 --> 00:25:30,614
Honest?
376
00:25:33,450 --> 00:25:34,535
I know.
377
00:25:35,452 --> 00:25:38,121
You come in every
day and you grind me.
378
00:25:38,705 --> 00:25:40,039
You grind me.
379
00:25:40,040 --> 00:25:42,667
"What happened here?"
"What happened there?"
380
00:25:42,668 --> 00:25:44,548
"Why didn't you tell me
this about you and her?"
381
00:25:45,128 --> 00:25:46,839
Question after question.
382
00:25:47,422 --> 00:25:50,466
And when I tell you, "I'm
just trying to be honest,
383
00:25:50,467 --> 00:25:54,387
I'm just trying to tell you what
happened the best I can remember it.
384
00:25:54,388 --> 00:25:57,724
I can't give you the
reasoning all the time,"
385
00:25:58,350 --> 00:26:01,686
you just grind me
over and over again.
386
00:26:01,687 --> 00:26:03,187
- That is not fair.
- Over.
387
00:26:03,188 --> 00:26:07,275
It's not fair? It's not
fair, Barbara? What's fair?
388
00:26:07,276 --> 00:26:08,651
What's fair now?
389
00:26:08,652 --> 00:26:09,987
How does it feel?
390
00:26:10,487 --> 00:26:11,487
What?
391
00:26:11,488 --> 00:26:14,575
How's it feel? To make
a fucking mistake?
392
00:26:15,450 --> 00:26:16,535
Fuck's sake.
393
00:26:17,661 --> 00:26:21,081
- Fuck you, Rusty.
- Fuck me?
394
00:27:58,136 --> 00:28:00,639
- I'm out.
- Are my keys in the kitchen?
395
00:28:04,852 --> 00:28:06,102
Can you clean your
bowls, please?
396
00:28:06,103 --> 00:28:07,311
- I will.
- They're right here.
397
00:28:07,312 --> 00:28:10,022
- Don't forget your geometry homework.
- It's in my bag.
398
00:28:10,023 --> 00:28:12,984
- Are you coming?
- No, I'm meeting Lorraine.
399
00:28:12,985 --> 00:28:14,319
- And I'm late.
- Barbara?
400
00:28:16,405 --> 00:28:17,989
Kyle, you got your lunch?
401
00:28:17,990 --> 00:28:19,074
Yeah.
402
00:28:34,506 --> 00:28:37,342
I could go. I'm a
good seat filler.
403
00:28:39,636 --> 00:28:44,308
Honey. No, that's all right.
I'm okay. Really, I'm good.
404
00:28:55,235 --> 00:28:57,362
I'm sorry if I upset
you last night.
405
00:29:25,057 --> 00:29:27,308
Now, why would you tell him?
406
00:29:27,309 --> 00:29:30,061
- I don't know, Lorraine.
- That was a terrible idea.
407
00:29:30,062 --> 00:29:31,146
I know.
408
00:29:32,397 --> 00:29:34,399
It's just that lately we've...
409
00:29:36,109 --> 00:29:37,236
I thought...
410
00:29:38,612 --> 00:29:41,197
I felt we were connecting again.
411
00:29:41,198 --> 00:29:42,449
- I felt...
- Uh-huh.
412
00:29:44,076 --> 00:29:45,618
Close and safe.
413
00:29:45,619 --> 00:29:47,329
- And...
- Okay.
414
00:29:49,039 --> 00:29:52,083
The whole Clifton thing just
suddenly felt so oppressive
415
00:29:52,084 --> 00:29:55,754
and I needed... I just...
416
00:29:56,338 --> 00:29:57,673
Blurted it out.
417
00:29:59,383 --> 00:30:00,383
Yeah.
418
00:30:00,384 --> 00:30:02,219
And it didn't go well?
419
00:30:06,181 --> 00:30:07,182
No.
420
00:30:08,559 --> 00:30:11,602
Which is why you are not
going to court alone anymore.
421
00:30:11,603 --> 00:30:13,229
I will be there next to you.
422
00:30:13,230 --> 00:30:15,607
I'll go back, just not today.
423
00:30:17,025 --> 00:30:22,530
Today, they've got all the stuff they
pulled from his computer and hers.
424
00:30:22,531 --> 00:30:23,573
Yeah.
425
00:30:23,574 --> 00:30:28,327
I don't think I can sit through that,
listening to all his declarations of love...
426
00:30:28,328 --> 00:30:30,581
- Oh, God.
- Et cetera, et cetera.
427
00:30:31,707 --> 00:30:34,918
You know, the night she was
killed, he texted her 30 times?
428
00:30:35,711 --> 00:30:36,712
Oh, my God.
429
00:30:37,337 --> 00:30:40,131
Honestly, I think it's the most
damning part of the whole case.
430
00:30:40,132 --> 00:30:41,383
Thirty times?
431
00:30:44,261 --> 00:30:46,637
And the father has just
filed for a protective order,
432
00:30:46,638 --> 00:30:48,681
trying to prevent his
son from testifying.
433
00:30:48,682 --> 00:30:50,933
- You gotta be kidding me.
- I'm denying the motion.
434
00:30:50,934 --> 00:30:52,727
But I'm mindful of
where he's coming from.
435
00:30:52,728 --> 00:30:55,146
This day threatens to wreak
a lot of emotional havoc
436
00:30:55,147 --> 00:30:56,856
for a kid who's
already had too much.
437
00:30:56,857 --> 00:30:59,358
- He's a material witness. So...
- Let me finish.
438
00:30:59,359 --> 00:31:02,528
I'd like to spare this family
any more unnecessary pain,
439
00:31:02,529 --> 00:31:04,948
whether it's unnecessary or not.
440
00:31:05,532 --> 00:31:10,579
Now, this case is murder
two at best and you know it.
441
00:31:11,079 --> 00:31:14,457
Even your own witness testified that
it was likely an unplanned killing.
442
00:31:14,458 --> 00:31:15,708
You'll never get murder one.
443
00:31:15,709 --> 00:31:18,504
And my instruction won't
help you up that hill.
444
00:31:19,796 --> 00:31:23,257
You walking free strikes me
as a bit of a stretch as well.
445
00:31:23,258 --> 00:31:25,843
{\an8}Voluntary manslaughter seems
like a good place to land.
446
00:31:25,844 --> 00:31:26,970
- Not a chance.
- No.
447
00:31:29,515 --> 00:31:31,057
You get a conviction.
448
00:31:31,058 --> 00:31:33,059
You get to resume your
life in eight years.
449
00:31:33,060 --> 00:31:35,436
- That seems like a bargain.
- I'm not accepting any conviction.
450
00:31:35,437 --> 00:31:37,957
A dismissal and an apology is the
only thing that I will accept.
451
00:31:39,316 --> 00:31:40,901
Last off-ramp, boys.
452
00:31:42,903 --> 00:31:44,905
Anybody care to blink?
453
00:31:48,325 --> 00:31:49,326
Fine.
454
00:31:50,744 --> 00:31:53,997
You'll both tread with
care with the boy.
455
00:32:12,349 --> 00:32:13,350
Jay?
456
00:32:21,650 --> 00:32:22,818
Hey, sweetie.
457
00:32:24,069 --> 00:32:26,738
Hey. Hey, sweetie.
458
00:32:27,698 --> 00:32:29,116
You wanna go upstairs to bed?
459
00:32:30,492 --> 00:32:32,244
Run upstairs to bed.
460
00:33:25,005 --> 00:33:26,340
You remember when they were...
461
00:33:27,758 --> 00:33:31,136
they were little and they would
sleep, we would watch them for hours.
462
00:33:33,305 --> 00:33:34,765
Angel mode.
463
00:34:10,132 --> 00:34:11,385
Why do you stay?
464
00:34:30,696 --> 00:34:35,117
The same reason... you do.
465
00:34:53,969 --> 00:34:57,889
Michael, you and I met before,
where I extended my condolences.
466
00:34:57,890 --> 00:34:59,515
I'd like to do so again now.
467
00:34:59,516 --> 00:35:02,476
Both for the loss of your
mother but also for the trauma
468
00:35:02,477 --> 00:35:04,770
of being here in court today.
469
00:35:04,771 --> 00:35:06,647
It's a terrible thing
we're asking you to do,
470
00:35:06,648 --> 00:35:10,776
but it's because a terrible, terrible
thing happened to your mother.
471
00:35:10,777 --> 00:35:11,944
Mr. Molto.
472
00:35:11,945 --> 00:35:15,406
I'd like to direct your attention to
the night that your mother was murdered.
473
00:35:15,407 --> 00:35:17,074
Can you tell me where you were?
474
00:35:17,075 --> 00:35:18,326
I had dinner at home.
475
00:35:18,327 --> 00:35:21,454
I watched some TV or something.
Maybe played video games.
476
00:35:21,455 --> 00:35:23,456
I left the house
later and went there.
477
00:35:23,457 --> 00:35:26,042
So just to be clear,
you went from the house
478
00:35:26,043 --> 00:35:28,377
where you live with your
father, Dalton Caldwell,
479
00:35:28,378 --> 00:35:31,339
and then you said you went
there. Where is there?
480
00:35:31,340 --> 00:35:32,507
To my mother's house.
481
00:35:32,508 --> 00:35:34,258
To do what?
482
00:35:34,259 --> 00:35:36,344
My mother and I
didn't get along much.
483
00:35:36,345 --> 00:35:37,596
She didn't want me around.
484
00:35:38,180 --> 00:35:41,766
I was not invited. It
caused me some confusion.
485
00:35:41,767 --> 00:35:45,187
And sometimes I would just
go to the house to watch.
486
00:35:46,146 --> 00:35:46,980
Watch?
487
00:35:46,981 --> 00:35:50,233
To see the life that she preferred
that I'd not be a part of.
488
00:35:50,234 --> 00:35:53,237
Which I think I've explained
all of this to you before.
489
00:35:54,238 --> 00:35:55,905
Did you go to your
mother's house a lot?
490
00:35:55,906 --> 00:35:59,659
Every now and then. I don't know.
Like, once or twice a month.
491
00:35:59,660 --> 00:36:01,702
What would you do
when you were there?
492
00:36:01,703 --> 00:36:04,330
Mainly, I'd just stare at the
house from a distance in the dark
493
00:36:04,331 --> 00:36:05,791
so she wouldn't see me.
494
00:36:06,291 --> 00:36:09,585
Sometimes I would see
people come in. Mostly him.
495
00:36:09,586 --> 00:36:13,673
Note that the witness has indicated
the defendant, Rusty Sabich.
496
00:36:13,674 --> 00:36:14,715
I knew what they were doing.
497
00:36:14,716 --> 00:36:16,551
- Objection.
- Sustained.
498
00:36:16,552 --> 00:36:18,719
Just answer the questions
you're asked, Michael.
499
00:36:18,720 --> 00:36:21,472
And if at anytime you feel
like you need to take a break,
500
00:36:21,473 --> 00:36:22,891
just let me know, okay?
501
00:36:23,851 --> 00:36:25,768
- Yeah.
- Let's get to it.
502
00:36:25,769 --> 00:36:26,854
Okay.
503
00:36:28,480 --> 00:36:29,731
So you took these videos?
504
00:36:30,315 --> 00:36:31,316
Yes.
505
00:36:32,568 --> 00:36:33,901
June 16th.
506
00:36:33,902 --> 00:36:37,154
And can you read the time
stamp at the top of the video?
507
00:36:37,155 --> 00:36:39,074
Yeah. "9:49 p.m."
508
00:36:49,543 --> 00:36:53,880
And again, was this the
video you took at 9:49 p.m.,
509
00:36:53,881 --> 00:36:56,258
- the night your mother was murdered?
- Yes.
510
00:36:59,469 --> 00:37:02,222
Subsequent to your mother's
death, you texted the defendant?
511
00:37:02,806 --> 00:37:03,682
Yes.
512
00:37:03,683 --> 00:37:04,891
What did you text him?
513
00:37:04,892 --> 00:37:07,852
I texted him, "You
were there. I saw you."
514
00:37:07,853 --> 00:37:09,729
I saw you what?
515
00:37:09,730 --> 00:37:11,440
At the house when
I took that video.
516
00:37:12,524 --> 00:37:14,193
Did you ask to meet
with the defendant?
517
00:37:14,735 --> 00:37:16,737
- Yes.
- Why did you ask to meet with him?
518
00:37:17,446 --> 00:37:22,116
Well, because I wanted to look into the
eyes of the man who murdered my mother.
519
00:37:22,117 --> 00:37:23,827
- Objection.
- Sustained.
520
00:37:25,662 --> 00:37:29,248
So after you asked for the meeting,
did you and the defendant in fact meet?
521
00:37:29,249 --> 00:37:31,542
- Yes.
- What did you talk about?
522
00:37:31,543 --> 00:37:34,587
He asked me why I wanted
to meet, and I told him
523
00:37:34,588 --> 00:37:37,340
because I wanted to look into the eyes
of the man who murdered my mother.
524
00:37:37,341 --> 00:37:38,424
Objection, Your Honor.
525
00:37:38,425 --> 00:37:42,554
Sustained. The witness is
stating his opinion only.
526
00:37:43,430 --> 00:37:45,848
Did you accuse the defendant
of murdering your mother?
527
00:37:45,849 --> 00:37:47,935
- I did.
- How did he respond?
528
00:37:49,269 --> 00:37:50,312
He denied it.
529
00:37:51,188 --> 00:37:52,522
But I could see he was lying.
530
00:37:52,523 --> 00:37:54,065
- Objection.
- Sustained.
531
00:37:54,066 --> 00:37:56,400
Michael, you can
state your impressions
532
00:37:56,401 --> 00:37:58,904
but please don't offer
them as facts, okay?
533
00:37:59,988 --> 00:38:00,988
Yeah.
534
00:38:00,989 --> 00:38:04,659
Did you ever have a conversation
with your mother about the defendant?
535
00:38:04,660 --> 00:38:06,744
Like I said, we
weren't very close.
536
00:38:06,745 --> 00:38:08,621
She didn't share much.
537
00:38:08,622 --> 00:38:10,706
But about two weeks
before she died,
538
00:38:10,707 --> 00:38:13,793
she told me that she was having
some trouble with a man at work.
539
00:38:13,794 --> 00:38:15,753
It was my impression
540
00:38:15,754 --> 00:38:18,422
that it was the same man she
was romantically involved with.
541
00:38:18,423 --> 00:38:20,133
Did she say anything else?
542
00:38:21,218 --> 00:38:22,927
That she was becoming
afraid of him.
543
00:38:22,928 --> 00:38:24,846
You have any idea
who that might be?
544
00:38:24,847 --> 00:38:27,349
- Objection. Speculation.
- I'll allow it.
545
00:38:29,893 --> 00:38:32,311
My impression was
it was the same man
546
00:38:32,312 --> 00:38:34,522
- I had the impression murdered her.
- Objection.
547
00:38:34,523 --> 00:38:37,149
The same man I took pictures
of the night she was killed.
548
00:38:37,150 --> 00:38:38,359
- Objection.
- Sustained.
549
00:38:38,360 --> 00:38:41,154
Only questions asked, Michael.
Please, don't volunteer.
550
00:38:43,490 --> 00:38:45,242
Thank you, Michael.
That's all I have.
551
00:38:46,743 --> 00:38:47,744
Michael.
552
00:38:51,957 --> 00:38:53,834
You have a lot of
impressions, don't you?
553
00:38:54,501 --> 00:38:57,086
You have an impression
that your mom was scared.
554
00:38:57,087 --> 00:39:03,087
You have an impression that it was
the man that she was sleeping with
555
00:39:03,093 --> 00:39:04,510
that she was afraid of.
556
00:39:04,511 --> 00:39:07,013
Impression. That's a
funny word, impression.
557
00:39:07,014 --> 00:39:08,974
Let's talk about that
word for a minute.
558
00:39:10,767 --> 00:39:12,311
What does that word
mean? It means...
559
00:39:14,354 --> 00:39:19,234
the belief or the faith in
something that is unseen,
560
00:39:20,444 --> 00:39:21,695
right?
561
00:39:27,034 --> 00:39:28,035
Counsel?
562
00:39:29,995 --> 00:39:32,331
Mr. Horgan, do you
have a question?
563
00:39:37,878 --> 00:39:38,962
Ray?
564
00:39:41,924 --> 00:39:44,843
- Ray? Ray, Ray?
- I'm his wife.
565
00:40:23,173 --> 00:40:24,882
- Still no pulse.
- Again.
566
00:40:24,883 --> 00:40:26,300
Ready?
567
00:40:26,301 --> 00:40:28,720
- Three, two, one, clear.
- It's okay.
42082
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