1 00:01:14,992 --> 00:01:16,372 So you think I'll win? 2 00:01:19,371 --> 00:01:22,751 Be surprised if you didn't. This is your first murder, right? 3 00:01:23,083 --> 00:01:24,083 It's that obvious? 4 00:01:24,168 --> 00:01:26,498 No, no, you're doing great. It's really well, yeah. 5 00:01:27,921 --> 00:01:29,607 I really appreciate you taking the time here. 6 00:01:29,631 --> 00:01:34,341 Oh, come on, come on. Actually I, uh... took some notes. 7 00:01:35,470 --> 00:01:36,600 If you want. 8 00:01:36,680 --> 00:01:40,310 Yeah. Great. Sure. 9 00:01:40,392 --> 00:01:41,562 So, um... 10 00:01:42,936 --> 00:01:44,856 - All right, your opening argument... - Okay. 11 00:01:45,272 --> 00:01:47,192 You didn't look at him, the defendant. 12 00:01:47,941 --> 00:01:49,191 - I didn't? - No. 13 00:01:49,276 --> 00:01:50,879 And I'm not talking about a passing glance. 14 00:01:50,903 --> 00:01:52,797 You gotta show the jury that you can look at a defendant 15 00:01:52,821 --> 00:01:54,821 right in the eye and say, "Guilty." 16 00:01:54,907 --> 00:01:57,510 If you show them that you have the courage to do that, so will they. 17 00:01:57,534 --> 00:01:59,754 Okay. That's great. 18 00:02:01,288 --> 00:02:03,118 - What else? - Uh... 19 00:02:03,207 --> 00:02:05,226 I noticed you kinda stand far away from the jury box. 20 00:02:05,250 --> 00:02:07,000 You always wanna be closing that space. 21 00:02:07,085 --> 00:02:08,812 Makes the jurors feel like you're one of them. 22 00:02:08,836 --> 00:02:11,626 Oh. You, uh... you said the name of the defendant four times. 23 00:02:12,341 --> 00:02:13,341 I shouldn't do that? 24 00:02:13,425 --> 00:02:16,845 As far as you're concerned, he doesn't have a name. He's the defendant. 25 00:02:16,929 --> 00:02:19,199 His lawyer's gonna be doing everything he can to humanize him. 26 00:02:19,223 --> 00:02:20,603 Don't make the job any easier. 27 00:02:20,933 --> 00:02:21,933 Another round? 28 00:02:22,017 --> 00:02:24,977 - No, that's okay. - Yes. Absolutely. 29 00:02:25,854 --> 00:02:27,564 Come on. It's on me. 30 00:02:29,608 --> 00:02:31,358 You really think I'm gonna win, huh? 31 00:02:53,757 --> 00:02:55,757 Now, Jacob, I know I've told you this before... 32 00:03:52,024 --> 00:03:53,654 Court, all rise. 33 00:03:54,318 --> 00:03:56,068 Hear ye, hear ye, hear ye. 34 00:03:56,153 --> 00:03:59,243 All persons having anything to do before the Honorable Judge French, 35 00:03:59,323 --> 00:04:01,373 a Justice of the Superior Court, 36 00:04:01,450 --> 00:04:03,178 now sitting within and for the Commonwealth, 37 00:04:03,202 --> 00:04:05,952 draw near, give your attendance, and you shall be heard. 38 00:04:06,038 --> 00:04:09,118 God save the Commonwealth of Massachusetts and this most honorable court. 39 00:04:09,208 --> 00:04:11,038 This court's now open. Please be seated. 40 00:04:14,379 --> 00:04:19,589 Number 08-44-07, Commonwealth versus Jacob Owen Barber. 41 00:04:19,676 --> 00:04:21,796 A single count of murder in the first degree. 42 00:04:21,887 --> 00:04:23,557 For the defendant, Joanna Klein. 43 00:04:24,056 --> 00:04:27,426 For the Commonwealth, Assistant District Attorney Neal Logiudice. 44 00:04:28,352 --> 00:04:31,312 Any preliminary motions before we begin the voir dire? 45 00:04:31,396 --> 00:04:33,196 A couple of things, yes, Your Honor. 46 00:04:33,232 --> 00:04:35,942 First, the defendant's father, Andrew Barber, 47 00:04:36,026 --> 00:04:40,236 would like to enter an appearance in the case on the defendant's behalf. 48 00:04:40,322 --> 00:04:43,242 With the court's permission, he's going to second chair me at trial. 49 00:04:43,325 --> 00:04:45,325 Is this a wise decision, Ms. Klein? 50 00:04:45,744 --> 00:04:47,794 It is the family's wish, Your Honor. 51 00:04:49,831 --> 00:04:52,331 All right, Mr. Barber, you can come forward. What else? 52 00:04:52,417 --> 00:04:54,997 Your Honor, I have filed a motion in limine 53 00:04:55,087 --> 00:04:58,467 to exclude any mention of the defendant's grandfather William Barber, 54 00:04:58,549 --> 00:05:01,799 who is currently serving a life sentence for first-degree murder. 55 00:05:01,885 --> 00:05:06,055 We believe the Commonwealth may try to introduce this fact to prejudice the jury. 56 00:05:06,139 --> 00:05:07,889 Your Honor, the Commonwealth contends 57 00:05:07,975 --> 00:05:11,055 that the family's history of violence is of great relevance. 58 00:05:11,603 --> 00:05:13,983 Your Honor, my client has never once met the... 59 00:05:14,064 --> 00:05:16,114 I get it. I read the motion. 60 00:05:20,320 --> 00:05:22,450 Defendant's objection is noted and tabled. 61 00:05:22,531 --> 00:05:24,161 Should the Commonwealth decide 62 00:05:24,241 --> 00:05:27,081 William Barber's criminal record is critical to his case, 63 00:05:27,160 --> 00:05:31,000 he will first notify the defense, and then we'll have a hearing on the matter. 64 00:05:31,081 --> 00:05:33,831 Otherwise, not a word about this to the jury. 65 00:05:33,917 --> 00:05:35,247 Thank you, Your Honor. 66 00:05:35,794 --> 00:05:37,094 Yes, Your Honor. 67 00:05:37,171 --> 00:05:40,721 Lastly, the defense moves to expand its witness list by two: 68 00:05:40,799 --> 00:05:43,969 Matthew McGrath and Leonard Patz. 69 00:05:44,052 --> 00:05:46,572 - Commonwealth? - We're fine with it, Your Honor. 70 00:05:46,597 --> 00:05:48,767 All right, let's bring in the jury venire. 71 00:05:48,849 --> 00:05:50,729 All rise for the jury. 72 00:06:08,035 --> 00:06:10,615 Retired bus driver, works with kids. That's good. 73 00:06:10,704 --> 00:06:12,584 Yeah, I liked her. Thanks, Ellen. 74 00:06:15,709 --> 00:06:17,089 They kept staring at me. 75 00:06:17,544 --> 00:06:18,884 Oh, you'll get used to that. 76 00:06:19,588 --> 00:06:23,968 Just keep your eye on the judge as much as possible... or on your dad and me. 77 00:06:24,051 --> 00:06:27,011 Don't give 'em any reason to not like you. No faces. Okay? 78 00:06:27,387 --> 00:06:29,007 You're doing great so far. 79 00:06:29,598 --> 00:06:30,718 You all are. 80 00:06:32,643 --> 00:06:36,613 You see, this wasn't just an average boy, the defendant. 81 00:06:37,523 --> 00:06:40,483 No, something set him apart. 82 00:06:42,402 --> 00:06:43,532 His father. 83 00:06:43,987 --> 00:06:46,867 A father who was the first assistant district attorney. 84 00:06:46,949 --> 00:06:49,079 Top man, right here in this building. 85 00:06:50,786 --> 00:06:54,076 For years, the defendant watched his father 86 00:06:54,164 --> 00:06:57,464 prosecute every major murder case in this county. 87 00:06:57,543 --> 00:07:02,973 He listened to dinner conversations. Overheard phone calls, shop talk. 88 00:07:03,924 --> 00:07:07,224 You might even say that murder was the family business. 89 00:07:09,221 --> 00:07:12,021 But still, the question remains "Why?" 90 00:07:14,601 --> 00:07:15,891 Why... 91 00:07:16,979 --> 00:07:20,399 would an eighth-grade boy kill his classmate? 92 00:07:22,317 --> 00:07:25,147 Well, we've all been to school. 93 00:07:26,488 --> 00:07:29,238 We know kids can be mean. 94 00:07:32,911 --> 00:07:35,371 You're gonna hear testimony that the victim in this case, 95 00:07:35,455 --> 00:07:38,125 Ben Rifkin, teased the defendant. 96 00:07:39,126 --> 00:07:42,296 Nothing shocking, but still, mean. 97 00:07:43,172 --> 00:07:47,222 Ben foolishly mocked this young man, 98 00:07:47,968 --> 00:07:53,268 unaware of his hidden capacity, even desire, to kill. 99 00:07:53,348 --> 00:07:54,388 Objection. 100 00:07:54,474 --> 00:07:55,524 Sustained. 101 00:07:55,601 --> 00:07:59,561 The jury will disregard the last remark about the defendant's desire, 102 00:07:59,646 --> 00:08:01,316 which is speculation. 103 00:08:01,398 --> 00:08:04,108 And so, on April 12, 104 00:08:04,193 --> 00:08:07,823 the defendant walked into the woods of Cold Spring Park 105 00:08:07,905 --> 00:08:12,025 with a knife in his pocket and an idea in his mind. 106 00:08:13,035 --> 00:08:16,905 Did he ambush the victim, or were there words exchanged first? 107 00:08:18,207 --> 00:08:21,667 Maybe Ben called him a name. 108 00:08:22,669 --> 00:08:24,339 Or even threatened him. 109 00:08:25,464 --> 00:08:26,724 We don't know. 110 00:08:28,425 --> 00:08:30,085 All we know 111 00:08:30,177 --> 00:08:35,967 is that the defendant punched his knife three times into Ben Rifkin's chest, 112 00:08:36,850 --> 00:08:38,140 killing him. 113 00:08:40,062 --> 00:08:41,692 Three... 114 00:08:42,773 --> 00:08:46,533 evenly spaced wounds. 115 00:08:49,363 --> 00:08:50,363 One. 116 00:08:52,449 --> 00:08:53,449 Two. 117 00:08:55,494 --> 00:08:56,754 Three. 118 00:08:59,623 --> 00:09:05,423 You see a tragedy as enormous as this, and it makes you furious. 119 00:09:06,296 --> 00:09:08,586 You want someone to pay. 120 00:09:09,216 --> 00:09:10,966 I do too. I do. 121 00:09:12,219 --> 00:09:13,639 It's only human. 122 00:09:15,222 --> 00:09:19,062 But Jacob Barber is innocent. 123 00:09:20,227 --> 00:09:24,607 And I want to say that again so that there is no misunderstanding. 124 00:09:25,274 --> 00:09:30,574 Jacob Barber is wholly and completely innocent. 125 00:09:32,072 --> 00:09:35,952 When you understand what really happened that day, 126 00:09:36,910 --> 00:09:41,790 you'll see this case for what it is... a rush to judgment. 127 00:09:43,125 --> 00:09:45,085 The fingerprint, for example, 128 00:09:45,169 --> 00:09:47,459 that the prosecution made such a big deal about, 129 00:09:47,546 --> 00:09:49,756 you're going to hear how that print got there, 130 00:09:49,840 --> 00:09:53,260 just as Jacob told the police officer who arrested him 131 00:09:53,343 --> 00:09:55,263 the moment that he was asked. 132 00:09:56,430 --> 00:10:00,480 He saw his classmate lying on the ground, and he tried to help. 133 00:10:01,393 --> 00:10:07,273 And when he discovered that Ben was dead, saw all that blood, he panicked. 134 00:10:07,357 --> 00:10:12,277 He feared that if he told someone about the body, he'd become a suspect. 135 00:10:12,362 --> 00:10:16,242 After all, this was Ben Rifkin, the boy who bullied him. 136 00:10:16,325 --> 00:10:19,325 Everyone knew that. How would it look? 137 00:10:20,537 --> 00:10:26,497 Does Jacob wish that he had been braver from the start and told the truth? 138 00:10:27,419 --> 00:10:29,129 Of course he does. 139 00:10:29,213 --> 00:10:33,803 It was the worst mistake he's ever made. It was a horrible, terrifying mistake. 140 00:10:35,302 --> 00:10:36,972 But he was a boy. 141 00:10:38,138 --> 00:10:41,388 And I don't give a damn how the state chooses to try him. 142 00:10:41,475 --> 00:10:44,685 He was a 14-year-old boy. 143 00:10:46,104 --> 00:10:48,154 And boys make mistakes. 144 00:10:50,734 --> 00:10:52,534 But we are adults... 145 00:10:54,071 --> 00:10:57,071 with a grave responsibility before us. 146 00:10:58,200 --> 00:10:59,950 A child is dead. 147 00:11:01,370 --> 00:11:04,870 Don't destroy another child's life to make up for it. 148 00:11:06,041 --> 00:11:07,671 That isn't justice. 149 00:11:09,628 --> 00:11:11,418 That's just another tragedy. 150 00:11:21,807 --> 00:11:22,951 Mr. Barber, over here! 151 00:11:22,975 --> 00:11:24,619 Mr. Barber, do you have any comment? 152 00:11:24,643 --> 00:11:26,403 Give us a little room here, please. 153 00:11:26,436 --> 00:11:28,146 Give us a little room here. 154 00:11:31,441 --> 00:11:33,641 Mr. Barber, do you feel he's guilty? 155 00:11:34,319 --> 00:11:36,159 Hey, come over here, please. 156 00:11:39,032 --> 00:11:40,472 It's definitely the same guy. 157 00:11:42,077 --> 00:11:44,077 Yes, I'm sure. Blue Lincoln. 158 00:11:45,747 --> 00:11:46,957 Right. 159 00:11:47,708 --> 00:11:49,588 You still have that plate number I sent you? 160 00:11:52,254 --> 00:11:53,264 Okay. 161 00:11:54,840 --> 00:11:56,010 Thanks, Duff. 162 00:11:57,301 --> 00:11:58,551 What was that about? 163 00:11:59,219 --> 00:12:00,929 Long story. I'll tell you later. 164 00:12:01,513 --> 00:12:04,023 Okay, well, make sure they get some rest. 165 00:12:04,099 --> 00:12:06,309 - I'll call you tonight. - Okay. 166 00:12:20,908 --> 00:12:21,908 Driver's license. 167 00:12:22,951 --> 00:12:23,951 What I do? 168 00:12:24,036 --> 00:12:25,696 Let me see your license. 169 00:12:26,705 --> 00:12:28,705 I got a right to sit in my own car, don't I? 170 00:12:30,083 --> 00:12:32,593 Sir, are you refusing to provide me with identification? 171 00:12:33,003 --> 00:12:34,423 I'm not refusing anything. 172 00:12:35,047 --> 00:12:37,217 I wanna know what you're bothering me for. 173 00:12:57,528 --> 00:13:00,778 The family declined making any statement when leaving the courthouse today. 174 00:13:00,864 --> 00:13:02,034 And by all indications, 175 00:13:02,115 --> 00:13:04,695 plan to spend their night here at their home in Newton. 176 00:13:04,785 --> 00:13:06,655 What happens tomorrow is anyone's guess. 177 00:13:06,745 --> 00:13:08,655 However, opening statements suggest 178 00:13:08,747 --> 00:13:10,957 we could be in for an emotionally charged trial. 179 00:13:11,041 --> 00:13:13,201 This is Alix Wong, Channel 12 News. 180 00:14:09,850 --> 00:14:11,350 Just got off the phone with Duffy. 181 00:14:11,810 --> 00:14:14,310 It's not good. Just hear me out. 182 00:14:14,396 --> 00:14:15,516 What? 183 00:14:15,606 --> 00:14:18,226 His name is James O'Leary, the guy in the Lincoln. 184 00:14:18,317 --> 00:14:19,857 They call him Father O'Leary. 185 00:14:20,402 --> 00:14:21,492 They? 186 00:14:21,570 --> 00:14:23,240 I guess he's an old gangster. 187 00:14:23,322 --> 00:14:26,242 He's got a record. Duffy said he used to be some sort of muscle. 188 00:14:26,325 --> 00:14:29,075 Now he hires himself out to do, you know, small things, 189 00:14:29,161 --> 00:14:30,871 roughing people up, that sort of thing. 190 00:14:31,288 --> 00:14:34,078 Are you kidding me? What does he want with us? 191 00:14:34,166 --> 00:14:35,286 I don't know. 192 00:14:35,792 --> 00:14:38,962 What are we supposed to do? Can't they arrest him? Question him? 193 00:14:39,046 --> 00:14:41,376 Not unless he explicitly threatens us. 194 00:14:42,090 --> 00:14:43,380 Oh, my God. 195 00:14:43,467 --> 00:14:46,597 Duffy said she's gonna keep an eye on him. I know it doesn't sound good, 196 00:14:46,678 --> 00:14:49,218 but odds are it's probably just someone trying to scare us. 197 00:14:49,306 --> 00:14:51,266 Because we're not scared enough already. 198 00:14:57,439 --> 00:15:01,689 My heart was kind of pounding then, because he wasn't answering me. 199 00:15:01,777 --> 00:15:05,607 Uh, still, I couldn't see how he looked until I got close. 200 00:15:06,782 --> 00:15:08,162 And did you call for help? 201 00:15:08,825 --> 00:15:12,155 I remember crawling backwards up the slope, dialing 911. 202 00:15:13,997 --> 00:15:15,207 Thank you, Mrs. Gianetto. 203 00:15:16,083 --> 00:15:17,333 Ms. Klein. 204 00:15:17,417 --> 00:15:18,917 No questions, Your Honor. 205 00:15:20,128 --> 00:15:21,548 The dog park, yes. 206 00:15:21,630 --> 00:15:22,920 What time was this? 207 00:15:23,632 --> 00:15:24,972 Around 8:00 a.m. 208 00:15:25,717 --> 00:15:29,177 Like I said, it sounded like a boy's voice I heard. 209 00:15:29,847 --> 00:15:32,847 He said, "Stop. You're hurting me." 210 00:15:33,642 --> 00:15:35,142 "Stop. You're hurting me." 211 00:15:37,896 --> 00:15:40,686 Could you tell what direction the boy's voice came from? 212 00:15:42,776 --> 00:15:44,066 West, I think. 213 00:15:45,988 --> 00:15:47,698 Detective, is it standard procedure 214 00:15:47,781 --> 00:15:51,241 for an assistant district attorney to direct a homicide investigation? 215 00:15:51,994 --> 00:15:53,004 Yes. 216 00:15:53,078 --> 00:15:55,498 And who was the assistant DA assigned to the case that day? 217 00:15:55,581 --> 00:15:56,961 Objection. Relevance. 218 00:15:58,625 --> 00:15:59,875 See counsel at sidebar. 219 00:16:03,922 --> 00:16:06,972 Your Honor, I don't see how Mr. Barber's brief involvement in this case 220 00:16:07,050 --> 00:16:09,260 has anything to do with his son's innocence or guilt. 221 00:16:09,344 --> 00:16:12,684 Your Honor, the jury is entitled to hear that the defendant's own father 222 00:16:12,764 --> 00:16:15,104 was in charge of the early stages of the investigation. 223 00:16:17,561 --> 00:16:19,811 I'm going to allow it, but I warn you, counselor. 224 00:16:19,897 --> 00:16:22,687 Mr. Barber is not on trial here. Remember that. 225 00:16:23,317 --> 00:16:25,357 Yes, Your Honor. Understood. 226 00:16:26,445 --> 00:16:27,905 Witness will answer the question. 227 00:16:30,616 --> 00:16:32,276 Andrew Barber was in charge. 228 00:16:33,827 --> 00:16:37,537 And did you find it strange that Mr. Barber was handling a case 229 00:16:37,623 --> 00:16:39,503 that involved his own son's classmate? 230 00:16:40,209 --> 00:16:41,589 Not really, no. 231 00:16:42,085 --> 00:16:44,205 And once his son was charged with the murder? 232 00:16:44,713 --> 00:16:45,843 Any concerns? 233 00:16:47,049 --> 00:16:48,719 I wasn't happy about it. 234 00:16:49,343 --> 00:16:52,433 Detective, have you ever heard of a prosecutor 235 00:16:52,513 --> 00:16:55,393 being involved in the investigation into his own child? 236 00:16:55,474 --> 00:16:57,104 - Objection. - Sustained. 237 00:16:57,184 --> 00:16:59,384 You've made your point, counselor. Let's move it along. 238 00:17:00,145 --> 00:17:01,765 No further questions, Your Honor. 239 00:17:03,649 --> 00:17:04,729 Ms. Klein. 240 00:17:05,983 --> 00:17:08,953 Detective Peterson, you were among the first at the crime scene. 241 00:17:09,029 --> 00:17:11,989 - Was there a murder weapon found that day? - No, ma'am. 242 00:17:12,074 --> 00:17:15,244 Besides a single fingerprint found on the victim's sweatshirt, 243 00:17:15,327 --> 00:17:17,407 was there any evidence recovered that day? 244 00:17:17,496 --> 00:17:18,616 No. 245 00:17:18,704 --> 00:17:22,504 And of course, the fingerprint wasn't identified until later. Yes? 246 00:17:22,584 --> 00:17:24,004 Yes. Correct. 247 00:17:24,086 --> 00:17:26,956 So is it fair to say that at the beginning of the investigation, 248 00:17:27,047 --> 00:17:31,047 neither you nor Mr. Barber had any obvious suspects? 249 00:17:31,134 --> 00:17:32,144 We did not. 250 00:17:32,219 --> 00:17:35,059 And was the defendant the first suspect to emerge? 251 00:17:35,973 --> 00:17:38,683 - No. We initially just... - Objection. Relevance? 252 00:17:41,019 --> 00:17:42,019 Overruled. 253 00:17:43,355 --> 00:17:45,645 We initially pursued a suspect named Leonard Patz. 254 00:17:45,732 --> 00:17:49,492 He had a record for indecent assault and battery on kids, things like that. 255 00:17:49,570 --> 00:17:51,860 So a registered sex offender, 256 00:17:51,947 --> 00:17:54,067 and that's what made him a person of interest? 257 00:17:54,157 --> 00:17:56,077 That, and he lived near the park. 258 00:17:56,159 --> 00:17:57,659 He didn't just live near the park. 259 00:17:57,744 --> 00:18:00,834 He was known to walk in the park most mornings. Isn't that true? 260 00:18:00,914 --> 00:18:02,714 Objection. Leading the witness. 261 00:18:02,791 --> 00:18:03,831 Overruled. 262 00:18:04,585 --> 00:18:08,415 Yes. In fact, he admitted to being in the park that same morning. 263 00:18:09,756 --> 00:18:11,966 No more questions. Thank you. 264 00:18:13,051 --> 00:18:18,101 Detective, whose idea was it to pursue the investigation into Leonard Patz? 265 00:18:20,767 --> 00:18:22,637 Andy Barber brought it to my attention. 266 00:18:23,604 --> 00:18:25,484 Andy Barber. I see. 267 00:18:26,440 --> 00:18:28,690 And Mr. Patz was then cleared 268 00:18:28,775 --> 00:18:31,355 when Mr. Barber's own son was charged with the crime. 269 00:18:33,363 --> 00:18:34,363 Yes. 270 00:18:34,448 --> 00:18:35,868 No further questions, Your Honor. 271 00:18:38,785 --> 00:18:41,205 - Your Honor, we'd like to recross. - Go ahead. 272 00:18:43,123 --> 00:18:47,713 Detective, when Mr. Logiudice asked if you had cleared Leonard Patz, 273 00:18:47,794 --> 00:18:50,134 were you certain of his innocence? 274 00:18:50,214 --> 00:18:51,844 Certain? No. 275 00:18:51,924 --> 00:18:56,054 Did you agree with Mr. Barber's decision to investigate Leonard Patz? 276 00:18:56,512 --> 00:18:58,222 Yes. Absolutely. 277 00:18:58,305 --> 00:19:01,555 What about other decisions Andy Barber made? 278 00:19:01,642 --> 00:19:02,852 Any concerns at all? 279 00:19:03,393 --> 00:19:04,813 None I can think of. 280 00:19:05,646 --> 00:19:06,856 He's the best they got. 281 00:19:08,106 --> 00:19:10,066 The best they used to have, anyway. 282 00:19:11,568 --> 00:19:14,108 Thank you, Detective. No further questions. 283 00:19:15,072 --> 00:19:17,742 Commonwealth, you prepared to call your next witness? 284 00:19:19,910 --> 00:19:21,250 Uh, yes, Your Honor. 285 00:19:24,039 --> 00:19:26,789 The beam refracts through each slit 286 00:19:26,875 --> 00:19:29,435 and makes a pattern of light and dark stripes on the other side. 287 00:19:29,461 --> 00:19:33,801 Why? Because light isn't made of particles, but... 288 00:19:33,882 --> 00:19:35,012 - Waves? - Exactly. 289 00:19:35,092 --> 00:19:37,682 And it is the intersection of the waves that make the patterns. 290 00:19:38,262 --> 00:19:41,222 So these physicists decide that they're gonna solve what's going on 291 00:19:41,306 --> 00:19:44,766 by installing a device that allows them to see 292 00:19:44,852 --> 00:19:48,692 exactly which slit each electron is passing through. 293 00:19:48,772 --> 00:19:51,572 Only the moment that they try to observe it, 294 00:19:51,650 --> 00:19:56,150 the electrons stop behaving like waves and behave like particles again. 295 00:19:56,238 --> 00:19:57,988 What? That's impossible. 296 00:19:58,073 --> 00:20:00,283 - Google it. - I'll be right back. 297 00:20:00,367 --> 00:20:02,428 I tell my wife it's exactly like me and the Celtics. 298 00:20:02,452 --> 00:20:04,542 The moment I turn on the game, they lose. 299 00:20:05,539 --> 00:20:07,579 What the hell did I say about calling here? 300 00:20:08,208 --> 00:20:10,128 I just want to know how it's going. 301 00:20:10,210 --> 00:20:11,300 What? 302 00:20:11,795 --> 00:20:13,505 What do you mean, "What"? The trial. 303 00:20:13,589 --> 00:20:15,839 He's my grandson. I got a right to know. 304 00:20:15,924 --> 00:20:17,264 Listen to me very carefully. 305 00:20:17,342 --> 00:20:20,262 You don't have a right to shit. Okay? 306 00:20:20,345 --> 00:20:23,715 Maybe I got a right to call one of these reporters that keeps trying me, huh? 307 00:20:24,099 --> 00:20:25,099 Do whatever you want. 308 00:20:25,184 --> 00:20:27,120 Come on. I just wanna know what are you thinking. 309 00:20:27,144 --> 00:20:28,814 I mean, what's your strategy? 310 00:20:28,896 --> 00:20:32,186 I'm watching it all day on the news here. I think the kid's got a chance. 311 00:20:32,900 --> 00:20:34,780 But, you know, you gotta be smart about this. 312 00:20:34,860 --> 00:20:38,200 Oh, yeah? I didn't know they gave out law degrees in prison. 313 00:20:38,780 --> 00:20:42,120 That's funny. You think prison's a fucking joke? 314 00:20:43,327 --> 00:20:44,537 Let me tell you something. 315 00:20:44,620 --> 00:20:47,870 This is sure as hell no place for a kid like Jacob. 316 00:20:49,917 --> 00:20:51,787 Now one of the, uh, witnesses today, 317 00:20:51,877 --> 00:20:53,247 this cop who was on the stand, 318 00:20:54,129 --> 00:20:55,919 he mentioned this guy Patz. 319 00:20:56,006 --> 00:20:57,336 What about him? 320 00:20:57,758 --> 00:20:59,298 Well, you think he did it? 321 00:21:01,512 --> 00:21:03,602 - Do you? - Yeah. 322 00:21:05,098 --> 00:21:06,178 Are you sure? 323 00:21:06,725 --> 00:21:07,805 Look, I gotta go. 324 00:21:07,893 --> 00:21:09,903 Guy's a child molester, right? 325 00:21:11,313 --> 00:21:12,523 Sort of. 326 00:21:12,898 --> 00:21:15,438 How... How the fuck are you "sort of" a child molester? 327 00:21:15,901 --> 00:21:19,071 Same way you were a murderer before you actually murdered someone. 328 00:21:19,154 --> 00:21:20,864 Why you gotta make it about me? Huh? 329 00:21:20,948 --> 00:21:23,328 Why don't you fucking quit worrying about what I am 330 00:21:23,408 --> 00:21:25,738 and start worrying about my grandson? 331 00:21:26,119 --> 00:21:27,249 Don't call here again. 332 00:21:27,329 --> 00:21:29,749 I mean it. You keep him out of this place! 333 00:21:29,831 --> 00:21:31,121 You hear me? 334 00:21:31,208 --> 00:21:33,208 I spent my whole fucking life in this shithole. 335 00:21:33,293 --> 00:21:35,843 I'm not gonna stand by while my grandson's life... 336 00:21:36,880 --> 00:21:38,050 You mother... 337 00:21:38,131 --> 00:21:39,681 You fucked up, cocksucker. 338 00:21:54,106 --> 00:21:56,066 - Did Joanna leave? - Yeah. 339 00:21:56,775 --> 00:21:58,275 Who was that? 340 00:21:58,360 --> 00:22:02,110 Oh, it was, uh... credit card company, just confirming some charges. 341 00:22:04,825 --> 00:22:07,695 Joanna seemed... optimistic. 342 00:22:08,537 --> 00:22:11,157 You know, I'm starting to think she should be. 343 00:22:17,504 --> 00:22:19,732 So weird, 'cause there were just all these people there. 344 00:22:19,756 --> 00:22:21,276 I don't even know why, because it was so cold outside. 345 00:22:21,300 --> 00:22:23,090 - Hey. - Hold on one second. 346 00:22:23,177 --> 00:22:24,717 I'm just hanging these on your door. 347 00:22:25,179 --> 00:22:26,219 Okay. Thanks. 348 00:22:26,889 --> 00:22:27,969 Who are you talking to? 349 00:22:28,557 --> 00:22:29,557 Sarah. 350 00:22:30,100 --> 00:22:32,190 Oh. Okay. 351 00:22:33,020 --> 00:22:34,610 - Tell her I said hi. - Okay. 352 00:22:36,190 --> 00:22:37,417 Sorry about that. 353 00:22:37,441 --> 00:22:40,151 So anyway, um, this lady comes in with her kids, right? 354 00:22:40,235 --> 00:22:42,735 And they're just so loud and obnoxious. 355 00:22:42,821 --> 00:22:45,871 And I was like, "Oh, my gosh. Shut up already." But... 356 00:22:53,123 --> 00:22:55,268 You've been with the state's crime lab how long? 357 00:22:55,292 --> 00:22:57,422 Eleven years, almost 12. 358 00:22:58,212 --> 00:23:02,382 Ms. Carlson, could you describe the blood evidence at the point of attack? 359 00:23:02,466 --> 00:23:05,756 There were a few small spatters less than an inch in diameter. 360 00:23:05,844 --> 00:23:07,489 Yesterday, we heard defense contend 361 00:23:07,513 --> 00:23:10,643 that there should have been blood on the clothing of an attacker 362 00:23:10,724 --> 00:23:12,524 in a stabbing like this. 363 00:23:12,601 --> 00:23:14,391 - Do you have an opinion on that? - Yes. 364 00:23:14,478 --> 00:23:18,898 That's not necessarily true, since no spatter seemed cast off with force. 365 00:23:18,982 --> 00:23:22,692 It's also possible the assailant stood behind the victim when he stabbed him, 366 00:23:22,778 --> 00:23:26,318 which would have meant he was out of the trajectory of any spray or spatter. 367 00:23:26,865 --> 00:23:28,945 What can you tell us about the murder weapon? 368 00:23:29,034 --> 00:23:33,914 We were looking for a knife with a four-to six-inch blade and a serrated edge. 369 00:23:34,665 --> 00:23:35,745 I see. 370 00:23:36,959 --> 00:23:39,839 So, a knife like this one? 371 00:23:39,920 --> 00:23:41,960 Objection. 372 00:23:42,047 --> 00:23:43,441 Commonwealth moves to enter into evidence... 373 00:23:43,465 --> 00:23:44,675 Objection! 374 00:23:45,175 --> 00:23:47,635 Your Honor, the jury will soon hear testimony 375 00:23:47,719 --> 00:23:49,259 from the defendant's best friend 376 00:23:49,346 --> 00:23:52,426 that the defendant owned a knife exactly like this one: 377 00:23:52,516 --> 00:23:53,726 A Schnell Tactical. 378 00:23:53,809 --> 00:23:55,939 Your Honor, this is a cheap stunt. 379 00:23:56,019 --> 00:23:59,819 The Commonwealth has yet to link any such knife to the defendant, 380 00:23:59,898 --> 00:24:03,738 and to wave it around in here now is irresponsible. It's inflammatory. 381 00:24:03,819 --> 00:24:07,199 Agreed. Objection sustained. Put away the knife, Mr. Logiudice. 382 00:24:08,365 --> 00:24:10,405 In that case, no more questions, Your Honor. 383 00:24:11,201 --> 00:24:12,201 Cross. 384 00:24:12,286 --> 00:24:13,656 Absolutely, Your Honor. 385 00:24:14,371 --> 00:24:17,371 Ms. Carlson, we were just on the subject of blood. 386 00:24:17,457 --> 00:24:20,587 Was there any blood evidence recovered from the defendant? 387 00:24:20,669 --> 00:24:21,749 No. 388 00:24:21,837 --> 00:24:23,757 Genetic evidence? 389 00:24:23,839 --> 00:24:26,759 DNA? Hairs? Fibers? 390 00:24:26,842 --> 00:24:28,472 No, just the fingerprint. 391 00:24:28,969 --> 00:24:31,509 - May I propose a hypothetical? - Okay. 392 00:24:31,597 --> 00:24:36,517 Let's suppose the defendant, Jacob, was walking on his way to school... 393 00:24:37,519 --> 00:24:40,609 and came across the victim lying on the ground. 394 00:24:41,440 --> 00:24:48,160 And suppose Jacob lifted the victim by the collar to see if he was okay. 395 00:24:48,238 --> 00:24:52,408 Might that create a fingerprint consistent with the one you found? 396 00:24:52,910 --> 00:24:54,490 Yes, that is possible. 397 00:24:55,037 --> 00:24:58,867 Now the knife that the Commonwealth attempted to enter into evidence, 398 00:24:58,957 --> 00:25:00,417 had you ever seen it before? 399 00:25:00,501 --> 00:25:01,921 Objection. Relevance. 400 00:25:02,002 --> 00:25:05,382 Overruled. You opened the door, counselor. 401 00:25:06,340 --> 00:25:08,630 Yes. The DA's office asked me to determine 402 00:25:08,717 --> 00:25:12,637 if that particular model of knife was consistent with the victim's wounds. 403 00:25:12,721 --> 00:25:16,771 Ah. And I assume they gave you other models to compare as well? 404 00:25:16,850 --> 00:25:18,100 No. 405 00:25:18,185 --> 00:25:19,225 No? 406 00:25:20,896 --> 00:25:23,016 Did they at least ask you to determine 407 00:25:23,106 --> 00:25:26,066 how many other knives might have made those wounds? 408 00:25:26,652 --> 00:25:27,692 No. 409 00:25:27,778 --> 00:25:29,238 Well, how many would you think? 410 00:25:30,572 --> 00:25:34,162 I... I don't know. That... That would be speculating. 411 00:25:34,243 --> 00:25:35,373 A thousand? 412 00:25:35,827 --> 00:25:36,827 Uh... 413 00:25:37,538 --> 00:25:38,748 A large number. 414 00:25:38,830 --> 00:25:41,120 Seven hundred? Five hundred? 415 00:25:42,918 --> 00:25:45,248 Somewhere... Somewhere in that range. 416 00:25:45,629 --> 00:25:50,339 In other words, the chances of it being the actual knife 417 00:25:50,425 --> 00:25:52,085 are one in 500. Correct? 418 00:25:52,177 --> 00:25:54,217 Objection. Calls for speculation. 419 00:25:54,304 --> 00:25:55,434 Sustained. 420 00:25:59,351 --> 00:26:01,021 No further questions, Your Honor. 421 00:26:02,187 --> 00:26:03,767 This is all going to shit. 422 00:26:03,856 --> 00:26:06,226 He's gonna walk. Can't you see that? 423 00:26:06,316 --> 00:26:07,916 He's gonna get away with killing our son 424 00:26:07,943 --> 00:26:10,783 because of that asshole and his goddamn theatrics. 425 00:26:10,863 --> 00:26:12,453 Please, I can't take this. 426 00:26:12,531 --> 00:26:14,241 Yeah, well, I can't take it either. 427 00:26:14,324 --> 00:26:16,494 Dan. Dan. 428 00:26:32,009 --> 00:26:34,849 How he didn't know that that stunt would backfire is beyond me. 429 00:26:34,928 --> 00:26:36,048 Because he's reckless. 430 00:26:36,763 --> 00:26:38,283 - You doing all right? - Yeah. 431 00:26:40,559 --> 00:26:41,809 One of them smiled. 432 00:26:42,853 --> 00:26:45,813 One of the jurors, the guy with the goatee. 433 00:26:45,898 --> 00:26:47,398 He smiled? Really? 434 00:26:47,482 --> 00:26:51,032 Yeah, when she admitted it was a one in 500 chance, he smiled. 435 00:26:54,489 --> 00:26:56,449 Something wrong? 436 00:26:57,159 --> 00:26:58,739 No. No, it's nothing. 437 00:26:59,453 --> 00:27:00,663 We'll talk later. 438 00:27:02,331 --> 00:27:05,961 You and Mr. Barber have worked together on many cases. Is that right? 439 00:27:06,376 --> 00:27:07,376 We go back, yes. 440 00:27:07,878 --> 00:27:10,668 Would you describe him as diligent when it came to his work? 441 00:27:11,048 --> 00:27:12,728 More than that. He was relentless. 442 00:27:12,758 --> 00:27:14,638 Was that relentlessness on display 443 00:27:14,718 --> 00:27:17,198 when you were attempting to cut through the school's red tape? 444 00:27:17,596 --> 00:27:19,436 He didn't feel the classmates were a priority. 445 00:27:19,515 --> 00:27:21,475 We'd already interviewed Ben's close friends. 446 00:27:21,558 --> 00:27:24,388 Once you did interview the students, finally, 447 00:27:24,478 --> 00:27:27,108 was there anything useful that came out of that? 448 00:27:27,189 --> 00:27:28,899 After the initial meetings, nothing much. 449 00:27:28,982 --> 00:27:31,112 But with some follow-up, we came to learn that 450 00:27:31,193 --> 00:27:33,546 there was an ongoing beef between the victim and the defendant. 451 00:27:33,570 --> 00:27:36,160 Meaning Ben had been bullying the defendant. 452 00:27:36,573 --> 00:27:37,743 For some time, yes. 453 00:27:37,824 --> 00:27:41,294 Was this around the time that you started to view the defendant as a suspect? 454 00:27:42,162 --> 00:27:43,162 It was. 455 00:27:43,247 --> 00:27:45,747 Even as his father was still running the investigation? 456 00:27:47,459 --> 00:27:49,959 Certain aspects of the investigation had to be carried out 457 00:27:50,045 --> 00:27:51,835 without Mr. Barber's knowledge. 458 00:27:53,298 --> 00:27:54,418 What did that reveal? 459 00:27:57,261 --> 00:28:00,641 That the defendant supposedly had a knife consistent with the wounds, 460 00:28:00,722 --> 00:28:02,562 that he had sufficient motive, 461 00:28:02,641 --> 00:28:05,521 and he had opportunity, in that his movements the morning of the attack 462 00:28:05,602 --> 00:28:07,442 placed him near or at the scene. 463 00:28:07,521 --> 00:28:09,021 Did you arrest him at this time? 464 00:28:09,106 --> 00:28:10,646 Not until the fingerprint came back. 465 00:28:10,732 --> 00:28:12,627 We then obtained a warrant and searched the house, 466 00:28:12,651 --> 00:28:14,861 trying to find the knife, which we did not. 467 00:28:15,821 --> 00:28:17,571 Did you seize the defendant's computer? 468 00:28:17,656 --> 00:28:20,026 We did, but we found nothing directly incriminating. 469 00:28:20,117 --> 00:28:23,447 Detective, are you aware of a program called Disk Scraper? 470 00:28:23,537 --> 00:28:27,167 I am. It's a program that wipes hard drives, deletes files, that kind of thing. 471 00:28:27,249 --> 00:28:30,249 Was that program on the defendant's laptop? 472 00:28:31,086 --> 00:28:32,086 It was. 473 00:28:33,213 --> 00:28:37,053 Is it possible that there was incriminating evidence on the laptop, 474 00:28:37,134 --> 00:28:38,574 and it was removed by the defendant? 475 00:28:38,635 --> 00:28:40,795 Objection. Calls for speculation. 476 00:28:40,888 --> 00:28:41,888 Sustained. 477 00:28:42,931 --> 00:28:44,181 What about pornography? 478 00:28:44,266 --> 00:28:46,136 - Objection. Relevance. - Sustained. 479 00:28:46,226 --> 00:28:47,896 Let me be more specific. 480 00:28:48,520 --> 00:28:52,650 Did you find any violent pornography on the defendant's laptop? 481 00:28:54,151 --> 00:28:56,071 I think all pornography is violent. 482 00:28:56,153 --> 00:28:57,203 Of course. 483 00:28:57,863 --> 00:29:01,373 I mean, specifically, images glorifying abuse or torture. 484 00:29:01,450 --> 00:29:03,040 Objection. Relevance. 485 00:29:04,494 --> 00:29:06,464 Overruled. The witness will answer. 486 00:29:08,790 --> 00:29:09,920 Some, yeah. 487 00:29:15,214 --> 00:29:16,334 No further questions. 488 00:29:19,176 --> 00:29:22,886 Detective, I assume you have executed countless search warrants 489 00:29:22,971 --> 00:29:25,061 - in your career, yes? - Sure. 490 00:29:25,140 --> 00:29:26,560 Seized a lot of laptops. 491 00:29:26,642 --> 00:29:27,732 Yes. 492 00:29:27,809 --> 00:29:31,309 Have you ever found one that didn't have some pornography on it? 493 00:29:33,232 --> 00:29:34,322 I don't think so. 494 00:29:34,399 --> 00:29:36,939 Detective, is it true that you were the first 495 00:29:37,027 --> 00:29:39,447 to identify Leonard Patz as a person of interest, 496 00:29:39,530 --> 00:29:41,280 and not Mr. Barber? 497 00:29:41,907 --> 00:29:43,697 Yes. I brought Patz to Andy's attention, 498 00:29:43,784 --> 00:29:46,254 and we agreed that he was someone we should be looking at. 499 00:29:46,912 --> 00:29:48,252 One last question. 500 00:29:49,790 --> 00:29:52,420 At any point in the investigation, 501 00:29:52,501 --> 00:29:58,341 did Andy Barber behave in any way to suggest that he suspected his own son? 502 00:29:58,841 --> 00:30:00,631 No, not in the slightest. 503 00:30:01,760 --> 00:30:03,970 No further questions, Your Honor. 504 00:30:04,054 --> 00:30:05,934 Mr. Logiudice, redirect? 505 00:30:14,481 --> 00:30:15,571 Detective... 506 00:30:18,777 --> 00:30:22,107 have you ever known Mr. Barber to be violent? 507 00:30:24,408 --> 00:30:26,158 - No. - Are you sure? 508 00:30:27,619 --> 00:30:31,079 Never seen him grab somebody by the jacket? Push them into a wall? 509 00:30:31,164 --> 00:30:32,714 Objection. Relevance. 510 00:30:34,168 --> 00:30:35,338 Overruled. 511 00:30:39,715 --> 00:30:41,375 Once. You. 512 00:30:41,758 --> 00:30:44,718 After your provoked him with that crack about his father doing time for... 513 00:30:46,054 --> 00:30:47,264 Doing time for murder? 514 00:30:47,347 --> 00:30:49,557 - Objection! Your Honor! - Sustained. 515 00:30:49,641 --> 00:30:51,481 I'll see counsel at sidebar, right now. 516 00:30:56,732 --> 00:30:59,742 I'm appalled at what I just saw. We went over this in pretrial. 517 00:30:59,818 --> 00:31:02,528 Your Honor, it was the defense counsel who first raised the issue 518 00:31:02,613 --> 00:31:05,703 of whether the defendant's father had reason to suspect his own son. 519 00:31:05,782 --> 00:31:07,702 I am simply trying to make that argument. 520 00:31:07,784 --> 00:31:09,544 You have got to be kidding me. 521 00:31:09,620 --> 00:31:12,250 Your Honor, the defense moves for a mistrial. 522 00:31:12,331 --> 00:31:14,142 - Oh, come on. - He was given specific instructions. 523 00:31:14,166 --> 00:31:18,836 You are on extraordinarily thin ice, Mr. Logiudice, you understand me? 524 00:31:18,921 --> 00:31:21,921 Now you wrap it up with this witness right now. 525 00:31:22,007 --> 00:31:25,587 And if I hear even a whisper about the defendant's grandfather going forward, 526 00:31:25,677 --> 00:31:27,717 Ms. Klein will get her mistrial. Am I clear? 527 00:31:27,804 --> 00:31:30,314 Yes, Your Honor. 528 00:31:41,735 --> 00:31:43,025 Ladies and gentlemen, 529 00:31:43,820 --> 00:31:48,330 there's a saying in the law, "You cannot unring the bell"... 530 00:31:49,660 --> 00:31:54,500 but I am going to insist that you do just that with regard to the last question. 531 00:31:57,084 --> 00:31:58,924 That must have been torture for you... 532 00:32:00,087 --> 00:32:01,587 sitting on the sidelines. 533 00:32:02,464 --> 00:32:03,764 I had no choice. 534 00:32:05,425 --> 00:32:07,045 So you trusted Ms. Klein? 535 00:32:07,845 --> 00:32:08,965 I did. 536 00:32:10,055 --> 00:32:13,725 On day four of the trial, the Commonwealth called its final witness: 537 00:32:14,560 --> 00:32:15,770 Derek Yoo. 538 00:32:16,854 --> 00:32:22,614 Did you feel that Ms. Klein adequately prepared for Derek Yoo's testimony? 539 00:32:23,527 --> 00:32:25,027 Yeah, as best she could. 540 00:32:25,445 --> 00:32:27,815 She intended to destroy his credibility? 541 00:32:28,282 --> 00:32:31,372 He had a plausible motive. The jury had a right to know. 542 00:32:31,869 --> 00:32:33,409 What about you and Laurie? 543 00:32:35,622 --> 00:32:37,042 What about us? 544 00:32:38,333 --> 00:32:39,673 Were you prepared? 545 00:33:05,402 --> 00:33:06,532 We've got a problem. 546 00:33:06,987 --> 00:33:09,157 Matt McGrath. I can't find him. 547 00:33:09,239 --> 00:33:10,319 What? 548 00:33:10,407 --> 00:33:12,327 Ellen's been trying to call his cell all week, 549 00:33:12,409 --> 00:33:14,729 and she finally got in touch with his mother this morning. 550 00:33:14,786 --> 00:33:19,076 And she said that she and Matt had a fight three days ago, and that he took off. 551 00:33:19,166 --> 00:33:21,746 And his girlfriend just posted online from Florida, 552 00:33:21,835 --> 00:33:23,835 and the mom thinks that he's down there with her. 553 00:33:23,921 --> 00:33:26,316 What are we supposed to do? He's supposed to take the stand tomorrow. 554 00:33:26,340 --> 00:33:29,800 Don't worry. We're gonna think of something. Okay. 555 00:34:26,733 --> 00:34:28,323 Court, all rise! 556 00:34:35,534 --> 00:34:39,914 I was like, "That's the same way you go to school. Did you see anything?" 557 00:34:40,539 --> 00:34:42,039 And Jake said no. 558 00:34:42,875 --> 00:34:47,835 Nothing about seeing Ben on the ground or trying to help him? 559 00:34:47,920 --> 00:34:50,630 No. Uh, and then he made a joke. 560 00:34:51,717 --> 00:34:55,257 Something like, "Couldn't happen to a nicer guy." 561 00:34:59,558 --> 00:35:03,438 And this is within a few hours after learning about Ben's murder? 562 00:35:03,979 --> 00:35:07,569 I guess, yeah. We were at Jake's house, playing video games. 563 00:35:09,401 --> 00:35:12,401 When you said that Ben used to pick on Jacob, 564 00:35:13,197 --> 00:35:14,487 what did you mean by that? 565 00:35:16,783 --> 00:35:20,583 Ben always kinda had it in for Jake. He was always calling him "fag." 566 00:35:21,163 --> 00:35:22,373 Like a nickname. 567 00:35:23,123 --> 00:35:27,793 Like he'd ask Jake questions about different sex things gay people do, 568 00:35:27,878 --> 00:35:29,918 but in front of everyone, to embarrass him. 569 00:35:30,005 --> 00:35:32,665 Or he'd fake a punch at Jake if he passed him in the hall. 570 00:35:32,758 --> 00:35:33,878 Stuff like that. 571 00:35:33,967 --> 00:35:36,757 And all of this bullying, it upset Jacob. 572 00:35:37,429 --> 00:35:39,389 - Yeah, of course. - Did it make him angry? 573 00:35:41,141 --> 00:35:42,731 Not so much in front of Ben, but... 574 00:35:44,102 --> 00:35:46,812 privately, he'd go off on how much he hated Ben's guts. 575 00:35:46,897 --> 00:35:52,527 Which I got. I mean, Ben would be a jerk to me too sometimes. 576 00:35:53,987 --> 00:35:56,237 At what point after Ben's murder 577 00:35:56,907 --> 00:35:59,197 did you begin to consider your friend Jacob's role in it? 578 00:35:59,284 --> 00:36:00,704 Objection. Leading the witness. 579 00:36:02,079 --> 00:36:03,209 Overruled. 580 00:36:06,124 --> 00:36:08,044 You can go ahead and answer, young man. 581 00:36:08,752 --> 00:36:10,052 I guess it was three days later. 582 00:36:10,629 --> 00:36:14,879 Was there anything other than his temper that began to make you suspicious? 583 00:36:14,967 --> 00:36:16,467 Well, yeah. The knife. 584 00:36:16,844 --> 00:36:19,724 Jake had this scary combat knife he'd bought in town. 585 00:36:19,805 --> 00:36:22,975 - He used to bring it to school sometimes. - To show it off, or... or what? 586 00:36:23,058 --> 00:36:26,348 Not really. I mean, he showed it to me and our friend Dylan... 587 00:36:27,604 --> 00:36:30,074 but it was more like he liked having it on him, 588 00:36:30,148 --> 00:36:31,358 walking around with it. 589 00:36:31,441 --> 00:36:34,571 Like... it was this secret thing he had. 590 00:36:35,028 --> 00:36:38,408 I see. So the bullying and the knife... 591 00:36:39,491 --> 00:36:41,371 But you knew about these things, 592 00:36:41,910 --> 00:36:44,540 and still, you didn't suspect Jacob immediately? 593 00:36:46,081 --> 00:36:49,041 I don't know. Maybe part of me did, a little. 594 00:36:50,294 --> 00:36:52,254 But it wasn't until I read what he wrote online. 595 00:36:52,629 --> 00:36:53,799 Online? 596 00:36:53,881 --> 00:36:57,091 This messed up site Jake was into called The Cut Up Room. 597 00:36:57,176 --> 00:37:00,006 By "messed up," I'm assuming you mean pornographic. 598 00:37:00,095 --> 00:37:03,885 Yeah, but, it's not really so much about sex. 599 00:37:03,974 --> 00:37:07,354 More violence. Like, really graphic stuff. 600 00:37:07,436 --> 00:37:09,186 Are there stories on this site? 601 00:37:10,147 --> 00:37:14,937 Yeah, people post all kinds of stuff. Photos, videos, stories. 602 00:37:15,027 --> 00:37:17,607 And do you know if Jacob posted any stories? 603 00:37:19,239 --> 00:37:20,819 He did, yeah. 604 00:37:20,908 --> 00:37:22,738 He called them Job stories. 605 00:37:23,869 --> 00:37:25,079 Job stories? 606 00:37:25,162 --> 00:37:28,672 Yeah, you know, like his initials. J-O-B? 607 00:37:29,791 --> 00:37:31,461 That was his screen name on there. 608 00:37:32,586 --> 00:37:33,796 What do you know about this? 609 00:37:33,879 --> 00:37:35,339 Not enough. You got to shut it down. 610 00:37:35,422 --> 00:37:38,842 And did Job post a story about the murder of Ben Rifkin? 611 00:37:39,426 --> 00:37:40,466 Yes. 612 00:37:44,139 --> 00:37:46,139 Commonwealth moves to enter into evidence... 613 00:37:46,183 --> 00:37:47,393 Objection. 614 00:37:47,476 --> 00:37:48,726 Your Honor, may we approach? 615 00:37:48,810 --> 00:37:50,850 Settle down, please. 616 00:37:52,648 --> 00:37:55,148 Respectfully, Your Honor, we ask to approach. 617 00:37:59,446 --> 00:38:03,026 Your Honor, this is an ambush. None of this was disclosed in discovery. 618 00:38:03,116 --> 00:38:05,236 Your Honor, this story was authored by the defendant. 619 00:38:05,285 --> 00:38:08,525 If he chose to hide it from his attorney, that's hardly the Commonwealth's fault. 620 00:38:08,747 --> 00:38:10,077 What's this about, Jacob? 621 00:38:10,916 --> 00:38:12,036 Jacob? 622 00:38:34,523 --> 00:38:36,733 Your Honor, I need to confer with my client. 623 00:38:36,817 --> 00:38:38,437 All right, go ahead. 624 00:38:42,406 --> 00:38:43,906 I'm gonna ask your patience 625 00:38:43,991 --> 00:38:47,581 while I allow defense counselor a moment to confer with her client. 626 00:38:50,497 --> 00:38:54,247 He's going to allow it unless our position is that Jacob didn't write the story. 627 00:38:54,710 --> 00:38:56,938 - Then that's our plan... - They know that he wrote it, Andy. 628 00:38:56,962 --> 00:38:58,462 They've got an IP address. 629 00:39:00,465 --> 00:39:01,795 Jacob. 630 00:39:07,139 --> 00:39:10,849 If we push back now, we're only going to shine a brighter light on it. 631 00:39:11,310 --> 00:39:12,310 How bad is it? 632 00:39:20,360 --> 00:39:24,200 "Jason stood there on the path as Brent kept walking toward him, grinning." 633 00:39:24,615 --> 00:39:27,655 If Brent knew the real Jason, he would have been scared shitless. 634 00:39:27,743 --> 00:39:30,663 'Don't fuck with me, ' Jason warned him. 'I mean it.' 635 00:39:31,246 --> 00:39:33,666 But Brent just laughed and grabbed him by the arm, 636 00:39:33,749 --> 00:39:36,249 twisting it back like he'd done so many times before. 637 00:39:36,877 --> 00:39:40,457 'Stop. You're hurting me, ' Jason said. But it didn't hurt that much. 638 00:39:41,006 --> 00:39:43,966 He just wanted Brent to think that, so he would let go. 639 00:39:44,593 --> 00:39:48,183 Brent laughed again, the way he always did, a fake laugh. 640 00:39:48,972 --> 00:39:51,562 Jason's hand slipped into his sweatshirt pocket. 641 00:39:52,142 --> 00:39:54,392 There it was, his trusted friend. 642 00:39:54,978 --> 00:39:58,478 He curled his fingers around the grip and felt a surge of power through his arm, 643 00:39:58,565 --> 00:39:59,855 up into his shoulder. 644 00:39:59,942 --> 00:40:01,992 He knew there was no turning back now. 645 00:40:02,069 --> 00:40:03,699 The park seemed to know it too. 646 00:40:03,779 --> 00:40:06,449 He could hear the breeze in the leaves and birds chirping. 647 00:40:06,907 --> 00:40:10,147 Brent saw the knife coming for him, but it was too late to do anything but stare. 648 00:40:10,744 --> 00:40:15,174 It slipped in so easily Jason thought he was stabbing air. That surprised him. 649 00:40:15,249 --> 00:40:18,629 He did it twice more, telling his brain to remember the feeling for later. 650 00:40:22,047 --> 00:40:24,007 Brent fell backward and rolled down the slope, 651 00:40:24,091 --> 00:40:26,051 until he stopped down below. 652 00:40:26,134 --> 00:40:28,644 Jason knew he should go, but he couldn't help himself. 653 00:40:28,720 --> 00:40:31,220 He went down to Brent's body to make sure he was dead. 654 00:40:31,306 --> 00:40:33,846 The smell of blood in the air made him feel dizzy. 655 00:40:33,934 --> 00:40:37,444 He found a small stream nearby and washed the knife off, and his hand too. 656 00:40:37,521 --> 00:40:41,441 He could see his reflection in the water, but his face looked different to him now. 657 00:40:41,525 --> 00:40:43,985 'It'll be our secret, ' it seemed to say. 658 00:40:47,739 --> 00:40:48,909 "The End." 659 00:40:54,204 --> 00:41:00,134 This story was posted three days after Ben Rifkin's body was found? 660 00:41:01,670 --> 00:41:02,670 Yeah. 661 00:41:06,717 --> 00:41:08,597 No further questions, Your Honor. 662 00:41:10,387 --> 00:41:11,656 Ms. Klein? 663 00:41:22,900 --> 00:41:23,900 No. 664 00:41:24,818 --> 00:41:25,938 No, we weren't prepared. 665 00:41:27,237 --> 00:41:30,657 A surprising turn of events sent shock waves through the courtroom today 666 00:41:30,741 --> 00:41:33,621 as testimony from one of Jacob Barber's classmates 667 00:41:33,702 --> 00:41:37,712 provided the prosecution with some extremely damaging evidence. 668 00:41:37,789 --> 00:41:41,959 The reaction from the jurors was palpable, to say the least. 669 00:42:20,999 --> 00:42:22,499 It was just a story. 670 00:42:32,052 --> 00:42:34,142 I didn't know it would be a big deal. 671 00:42:40,394 --> 00:42:41,404 Did you do it? 672 00:42:44,565 --> 00:42:46,225 Just tell me. Did you kill him? 673 00:42:56,910 --> 00:42:57,950 No. 674 00:43:04,960 --> 00:43:05,960 No. 675 00:43:25,814 --> 00:43:29,114 I could ask the judge to issue a bench warrant for Matt McGrath. 676 00:43:29,735 --> 00:43:33,105 He won't. Not for some secondary witness holed up in Florida. 677 00:43:34,323 --> 00:43:36,583 We don't have a choice. We gotta go straight at Patz. 678 00:43:36,658 --> 00:43:38,303 Yeah, his subpoena was served this morning. 679 00:43:38,327 --> 00:43:41,247 I'll call him as a hostile witness and see what we can get out of him. 680 00:43:41,330 --> 00:43:45,080 We gotta run every play we have. Not just on the Patz front, Derek too. 681 00:43:45,959 --> 00:43:47,999 You don't think we covered Derek on cross? 682 00:43:49,671 --> 00:43:51,221 You did your best. 683 00:43:51,924 --> 00:43:53,134 You were distracted. 684 00:43:54,426 --> 00:43:55,676 Everyone was. 685 00:43:59,264 --> 00:44:03,814 We need to backstop Patz. I say we go harder on Derek, subpoena Sarah. 686 00:44:04,520 --> 00:44:05,980 Andy, we discussed this. 687 00:44:06,063 --> 00:44:09,233 That was before. We need Sarah to hammer home Derek's obsession. 688 00:44:09,316 --> 00:44:11,816 We need to have her repeat his words on the stand. 689 00:44:11,902 --> 00:44:13,742 Yeah, you're right. That could be powerful. 690 00:44:13,820 --> 00:44:15,160 Show the jury the selfie again. 691 00:44:15,239 --> 00:44:16,239 No. 692 00:44:17,616 --> 00:44:20,616 I don't wanna bring her into this. It's my trial. I'm saying no. 693 00:44:21,870 --> 00:44:23,870 Sorry, but you don't get a say in this anymore. 694 00:44:26,792 --> 00:44:28,382 Not after today. 695 00:44:42,266 --> 00:44:44,726 I'll get into it first thing tomorrow. 696 00:46:01,720 --> 00:46:03,510 You haven't said one word all night. 697 00:46:06,600 --> 00:46:07,600 Did you know? 698 00:46:08,477 --> 00:46:09,597 About the story? 699 00:46:10,479 --> 00:46:11,479 No. 700 00:46:11,563 --> 00:46:12,903 Just tell me the truth. 701 00:46:13,440 --> 00:46:15,730 - I am. - The truth. I need to know. 702 00:46:16,235 --> 00:46:18,315 Laurie, I swear I'm telling you the truth. 703 00:46:18,987 --> 00:46:20,447 What about the website? 704 00:46:20,531 --> 00:46:21,821 The Cut Up Room? 705 00:46:29,456 --> 00:46:31,226 I only kept it from you 'cause I knew it would... 706 00:46:31,250 --> 00:46:32,790 Don't. Don't. 707 00:46:33,502 --> 00:46:34,382 Don't what? 708 00:46:34,461 --> 00:46:37,631 Explain it away like you do everything. Excuse it away. 709 00:46:37,714 --> 00:46:39,224 I knew it would set you off. 710 00:46:39,716 --> 00:46:42,403 You were already half convinced that Jacob was guilty. I didn't want to add... 711 00:46:42,427 --> 00:46:43,467 Not anymore. 712 00:46:52,187 --> 00:46:53,607 What'd you just say? 713 00:46:56,567 --> 00:46:57,567 I don't believe him. 714 00:46:58,652 --> 00:47:00,072 Not after what I heard today. 715 00:47:04,283 --> 00:47:05,802 So you're gonna let this one thing change... 716 00:47:05,826 --> 00:47:07,326 It's always one thing. 717 00:47:07,995 --> 00:47:09,535 Don't you see? 718 00:47:10,080 --> 00:47:13,750 We're guilty too. If we protect him, we're as guilty as he is. 719 00:47:13,834 --> 00:47:15,937 All right. Just keep your voice down. He's right upstairs. 720 00:47:15,961 --> 00:47:18,711 I'm not even saying I know what to do about it. I don't. 721 00:47:19,464 --> 00:47:21,684 But I know what I heard, and I know what it means. 722 00:47:21,758 --> 00:47:23,138 Laurie, I'm begging you. 723 00:47:23,218 --> 00:47:26,008 Don't talk yourself into something 'cause of some made-up story. 724 00:47:26,096 --> 00:47:28,266 - It's not a story. - Yes, it is! 725 00:47:29,308 --> 00:47:30,808 This is a kid that bullied him. 726 00:47:30,893 --> 00:47:33,813 He probably fantasized about hurting him a thousand times. 727 00:47:33,896 --> 00:47:37,266 So he let his imagination run wild, and he wrote it down. 728 00:47:38,358 --> 00:47:39,358 Maybe... 729 00:47:40,611 --> 00:47:42,911 Maybe he got some sick thrill imagining it. 730 00:47:42,988 --> 00:47:44,568 And is that horrible? Yes. 731 00:47:44,656 --> 00:47:47,326 It's terrible, and it was wrong, and it was stupid, 732 00:47:47,409 --> 00:47:48,949 but it was a story. 733 00:47:50,245 --> 00:47:52,155 Joanna vetted every single line from it. 734 00:47:52,247 --> 00:47:55,627 There wasn't one detail that hadn't already been reported by the news. 735 00:47:55,709 --> 00:47:58,549 - He was fantasizing. - He was confessing. 736 00:48:00,047 --> 00:48:03,127 To call it anything else is just lawyer spin, and you know it. 737 00:48:04,760 --> 00:48:06,140 What if you knew? 738 00:48:07,804 --> 00:48:11,894 What if you knew in your heart that our son did this unforgivable thing? 739 00:48:12,434 --> 00:48:15,604 Took the life of another child? Would it even matter? 740 00:48:15,687 --> 00:48:17,290 I'd still love him, if that's what you're asking. 741 00:48:17,314 --> 00:48:19,984 No, it's not. I'd still love him too. 742 00:48:20,067 --> 00:48:21,937 I will always love him, no matter what. 743 00:48:22,611 --> 00:48:24,861 You don't know how badly I wanted to hold him tonight 744 00:48:24,947 --> 00:48:26,174 and tell him it's all going to be okay. 745 00:48:26,198 --> 00:48:28,028 But I can't play this game anymore, 746 00:48:28,575 --> 00:48:30,929 letting him pretend he didn't do it, pretending to each other. 747 00:48:30,953 --> 00:48:32,623 He's not pretending. He didn't do this. 748 00:48:32,704 --> 00:48:34,224 - I know he didn't do this. - No, you don't! 749 00:48:34,248 --> 00:48:35,968 No one can sustain that level of deception. 750 00:48:35,999 --> 00:48:39,039 Of course he could. You of all people should know that. 751 00:48:49,388 --> 00:48:50,428 Yeah. 752 00:48:51,098 --> 00:48:52,388 Yeah, of course. 753 00:48:54,184 --> 00:48:55,604 He learned it from me. 754 00:49:02,025 --> 00:49:03,775 Maybe he learned it from both of us. 755 00:49:10,492 --> 00:49:11,952 What do you want me to say, Laurie? 756 00:49:13,412 --> 00:49:14,412 You're right. 757 00:49:15,455 --> 00:49:16,745 Our marriage is a lie. 758 00:49:17,833 --> 00:49:21,633 Our whole fucking family is based on a fairy tale, built on nothing. 759 00:49:23,672 --> 00:49:24,842 And our son's a murderer. 760 00:49:26,508 --> 00:49:27,718 Is that what you want to hear? 761 00:49:28,844 --> 00:49:30,054 No. 762 00:49:33,390 --> 00:49:35,140 But that doesn't mean it isn't true. 763 00:50:53,804 --> 00:50:54,934 Hello.