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[suspenseful music]
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‐ It's incredibly rare
for a criminal defendant
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to take the stand.
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It's a risk very few take.
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At stake, one's freedom
or even their life.
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This is Todd Kendhammer.
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A seemingly devoted
husband and father
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charged with the murder
of his wife Barbara.
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He's decided
to take that gamble.
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Could it help him convince
the jury he's not guilty?
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‐ Or will it come back
to haunt him?
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‐ Take a courtside seat
with the prosecutor,
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the reporter
who covered the case,
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the podcaster who dug deep,
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and the psychologist
who studied the trial.
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I'm Dan Abrams,
and this is "Under Oath."
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‐ Raise your right hand.
‐ Do you solemnly swear?
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‐ I'm being honest
with everything I say to you.
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‐ Do you solemnly swear‐‐
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‐ The whole truth
and nothing but the truth.
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‐ I would like to testify.
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‐ The testimony
you are about to give‐‐
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the whole truth
and nothing but the truth.
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‐ So help you God.
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‐ I gave her a kiss,
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and I told her
that I loved her too.
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I watched that video.
That is not me.
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It's me in the picture,
but it's not me talking.
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It's not right state of mind.
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‐ There's blood
on both your knuckles, right?
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‐ It's not
from punching my wife.
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‐ Barbara Kendhammer
was a 46‐year‐old woman,
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a mother of two,
and a new grandmother
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when she died in 2016.
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Todd Kendhammer,
Barb's husband of 25 years,
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was a factory worker
and auto glass installer.
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And a man
with no history of violence
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and no prior criminal record.
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Now he finds himself on trial
for her death.
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♪ ♪
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‐ Friday, September 16, 2016.
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The dispatch center
in La Crosse got a call
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from Todd Kendhammer
at about 8:06 a. m.
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‐ We heard about a crash.
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This one stuck out to me.
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It was described, at first,
as this freak accident.
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‐ Todd indicated
that they were driving
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to put a windshield in
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for somebody they
worked with named Justin Heim
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and then take Barb to work
after that.
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‐ Todd tells
investigators that
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as he's driving
down this road,
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an oncoming truck
loses a pipe off of it.
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And the pipe comes flying
through the windshield
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on the passenger's side.
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‐ This was not
from an overpass.
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It's from an oncoming car,
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and it happens
in a fraction of a second.
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‐ First responders
rushed Barb to the hospital.
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Todd talked about
how he stayed
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with her the whole time,
holding her hand,
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but the next day,
she was ruled brain dead.
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She died there at 46 without
ever being able to wake up
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or tell her side
of what happened.
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‐ Barb had injuries to her
body that we wouldn't discover
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until later,
when an autopsy was done.
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She had blunt force trauma
to the back of her head,
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not to the front of her head,
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where you'd expect
the pipe to hit her.
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‐ And then
we have to talk about
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Todd's injuries, as well.
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There are pictures of him
with scratches, you know,
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on his neck, on his chest.
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‐ And his knuckles
on both hands were all bloody.
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‐ He said that he lunged
forward, striking the glass,
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in order to stop the pipe
or whatever object he thought
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from coming
through the windshield.
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‐ After weeks of searching,
investigators were unable
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to find evidence of the truck
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Kendhammer says
dropped the pipe.
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‐ He was very specific
about the fact
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that the pipe rolled off
the top of this truck.
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That it hadn't bounced.
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That it came straight
through the windshield.
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This is a very straight,
flat piece of road,
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and a pipe just simply can't do
what he described,
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given the physics of the pipe.
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‐ Investigators now believe
that the truck wasn't real,
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and that Todd was responsible
for Barb's injuries.
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But that theory
would require Todd
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to have rendered
his wife unconscious
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and staged the scene
to look like an accident,
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all in a matter of minutes.
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And investigators
couldn't pinpoint
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a motive for the crime.
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‐ Now Kendhammer's on trial
for Barb's murder.
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‐ What started out looking
like a tragic car accident
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would soon become
much more complicated.
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At the end of the case,
I will argue that the truth
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does not support the version
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that Todd Kendhammer
gave to police
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and does support a conviction
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for first‐degree
intentional homicide.
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‐ He's facing life in prison
if he's convicted,
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and he's made a huge decision.
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Todd Kendhammer
will take the stand
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to try to prove his innocence.
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After all, he was the only
witness to Barb's death.
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‐ Mr. Kendhammer,
I noticed on your left hand,
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you wear a wedding ring.
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‐ Yes.
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‐ Why do you continue
to wear it?
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[suspenseful music]
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‐ I'm married to Barb.
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‐ Todd Kendhammer's on trial
for the murder
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of his wife Barbara.
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A month prior to Barb's death,
in September, 2016,
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they'd celebrated
their 25th anniversary.
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By all accounts,
their marriage was perfect.
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‐ The defense's case
centered around the fact
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that Todd and Barb
had a very happy marriage.
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They even called Todd and
Barb's own children to testify.
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‐ How would you describe
to the jury
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the relationship between
your mother and your father,
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from your perspective?
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‐ Absolutely perfect.
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I tried to model
my marriage after theirs.
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‐ And the defense presents
its own experts
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who say that
Todd's account of a pipe
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coming through the windshield
and killing Barb
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is not nearly as far‐fetched
as the prosecution says.
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‐ Now Todd Kendhammer's
seeking to prove his innocence
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in the death of the woman
he seemingly loved.
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‐ One of the reasons why a lot
of defendants don't testify
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is that they're creating
a situation where now
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the jury's just picking
one story over another,
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and whichever one
is more believable,
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even by a little bit,
they'll go with that.
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So it's a big risk
for defendants
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to take that chance to testify.
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‐ When did you meet
Barb Kendhammer?
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‐ I met Barb in 1986.
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It was a picture book thing.
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I mean, just
one of these things
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where you know immediately
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that's the girl you want.
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That's the girl
I wanna talk to,
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I wanna get to know this girl,
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and that's the feeling
that I had
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the first time I met Barb.
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‐ I think Todd's strategy here
was to win over some sympathy
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from the jury
and to get them to maybe think
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that there's no way he would
ever hurt his other half.
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This person who he spent
all of his time with.
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This person
who he shared a life with.
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‐ Did you do everything
together?
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‐ Yes, we did.
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‐ If you had to shovel snow,
what would she do?
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‐ She'd be right there with me.
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‐ If you had to mow the lawn,
what would she do?
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‐ She'd pick up the weed eater
and weed it right with me.
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♪ ♪
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‐ Were there things you did
for Barb that were unusual?
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‐ Yes.
‐ What were those things?
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‐ A big pet peeve of Barb's...
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Was when guys stood up to pee.
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And I respected her enough
to sit down at home to pee.
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‐ For 25 years?
‐ Yes, I did.
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For 25 actually‐‐yep. 25 years.
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‐ Was it your intention
to drive Barb
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to work that morning?
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‐ Yes, it was.
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‐ Did you choose
to do something
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on the way to taking
Barb to work?
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‐ Yes, we did.
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‐ And what did you
decide to do?
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‐ We were gonna take
a quick jog over highway M
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and see if we could find
that blue Ford pickup.
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‐ From the beginning,
one of the problems for Todd
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was his changing explanation
for exactly
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where he and Barb
were headed that morning.
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He originally said
he was going to replace
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the windshield of a blue truck
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belonging to a man
named Justin Heim.
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‐ But when Heim denied needing
a windshield replacement,
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Kendhammer changed his story,
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saying he'd been going to see
a man named Ben Pfaff.
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But Pfaff also denied that,
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and when Kendhammer's
testimony began,
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he tried, once and for all,
to clarify the issue.
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‐ Where were you headed
that day?
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‐ It was Jerry Loging.
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‐ When you spoke
to the police officers
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and answered their questions,
why'd you say Justin Heim?
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‐ When I watch those tapes,
that's not me.
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It's me in the picture,
but it's not me talking.
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It's not right state of mind.
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I wasn't thinking of where I
was going or what I was doing.
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I was thinking of Barb.
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‐ His whole testimony
hinged on emotion,
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and any inconsistencies in his
story could be explained
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by how much emotion
he was feeling
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because his wife,
who he loved so much, was dead.
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‐ When you got to the hospital,
was there ever a time
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that you left the hospital
until Barb passed away?
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‐ No.
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‐ Todd Kendhammer makes
an incredible impression
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when he takes
the stand during direct.
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‐ I just talked to her
and held her hand
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and gave her a kiss,
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and I told her
that I loved her, too,
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and I'd always
take care of her mom.
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‐ His face alone
is so believable.
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He speaks in such a calm voice.
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‐ Why did you say
"I love you too"?
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‐ 'Cause Barb and I knew
each other so well...
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♪ ♪
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that we didn't say,
"I love you,"
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and, "I love you,"
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because we always said
it together.
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So it was always a,
"Love you too."
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‐ He seems simultaneously like
a child and a little, old man.
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‐ Did you go home that evening?
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‐ I didn't want to go home
without Barb there.
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‐ He seems like he doesn't
know how he got there,
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but he just wants to help,
and juries love that.
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‐ Did you take her head
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and bash it
against the wheel rim?
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‐ No.
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‐ Did you take a pipe and beat
her with it in any way?
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‐ No.
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‐ Have you ever hit Barb?
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‐ Never raised my voice
to Barb.
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♪ ♪
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Never hit her, either.
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‐ Did you love Barb?
‐ Yes.
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‐ Did you love her
on September 16 of last year?
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‐ Yes. I still do.
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‐ Mr. Kendhammer,
did you ever do anything
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to physically hurt Barb?
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‐ No.
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I never have ever
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done anything to my wife.
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‐ Have you ever lost
your temper with her?
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‐ No.
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Never, ever lost my temper
with Barb.
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‐ Todd Kendhammer's
on the stand charged
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with killing his wife
of 25 years.
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His defense has made
a strong case
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about the loving marriage
Todd and Barb shared,
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but now,
it's the prosecution's turn
252
00:12:58,654 --> 00:13:01,365
to point the jury's
attention where they want it:
253
00:13:01,407 --> 00:13:03,951
to the possibility
that Todd murdered Barb
254
00:13:04,035 --> 00:13:06,871
on September 16, 2016.
255
00:13:06,954 --> 00:13:08,497
‐ What I thought
was really interesting
256
00:13:08,581 --> 00:13:09,832
about the state's case is,
257
00:13:09,915 --> 00:13:11,876
they never tried
to establish motive.
258
00:13:11,917 --> 00:13:13,669
Sure, Todd may have loved Barb,
259
00:13:13,753 --> 00:13:15,296
but that doesn't mean
he didn't kill his wife.
260
00:13:15,379 --> 00:13:18,341
‐ So one of my main goals
in cross‐examination
261
00:13:18,466 --> 00:13:22,011
was to try to emphasize
the parts of his story
262
00:13:22,094 --> 00:13:23,471
that either didn't make sense
263
00:13:23,554 --> 00:13:26,015
or that we had felt
we caught him in a lie.
264
00:13:26,098 --> 00:13:27,641
You mentioned Justin Heim.
265
00:13:27,725 --> 00:13:29,685
You said you did work
for him all the time, correct?
266
00:13:29,727 --> 00:13:30,978
‐ I did.
267
00:13:31,062 --> 00:13:32,646
‐ Those were all lies,
weren't they?
268
00:13:32,730 --> 00:13:33,856
‐ No.
269
00:13:33,898 --> 00:13:35,649
‐ They weren't true, were they?
270
00:13:35,733 --> 00:13:36,859
‐ No.
271
00:13:36,984 --> 00:13:38,819
‐ Just going through
all the implausibilities
272
00:13:38,903 --> 00:13:41,405
or the unbelievability things,
once again,
273
00:13:41,489 --> 00:13:43,157
so if the jury
were feeling sorry for him
274
00:13:43,240 --> 00:13:44,867
or were concerned
that there wasn't a motive
275
00:13:44,992 --> 00:13:46,285
that they came back
to that point
276
00:13:46,369 --> 00:13:48,120
of what he's saying
doesn't add up,
277
00:13:48,245 --> 00:13:50,414
and he still doesn't have
a very good explanation for it.
278
00:13:50,498 --> 00:13:52,625
And now, today,
you have a third story, right?
279
00:13:52,750 --> 00:13:56,796
‐ No. I have the second story.
280
00:13:56,879 --> 00:13:58,714
‐ Well, it wasn't Justin Heim
or Ben Pfaff.
281
00:13:58,798 --> 00:14:01,634
Now it's somebody
named Jerry Loging?
282
00:14:01,717 --> 00:14:03,052
‐ Yes.
283
00:14:03,135 --> 00:14:04,637
♪ ♪
284
00:14:04,720 --> 00:14:06,639
It was that all along.
285
00:14:06,722 --> 00:14:08,265
‐ He didn't really have answers
286
00:14:08,391 --> 00:14:10,976
to many of the
prosecutors' questions.
287
00:14:11,060 --> 00:14:15,314
‐ Did you talk to Jerry Loging
about his truck?
288
00:14:15,398 --> 00:14:16,816
‐ No.
289
00:14:16,899 --> 00:14:19,235
‐ Do you know where
Jerry Loging lives?
290
00:14:19,360 --> 00:14:20,903
‐ Not exactly, no.
291
00:14:20,986 --> 00:14:23,447
‐ There were many things
like that where the prosecutor
292
00:14:23,531 --> 00:14:28,369
was able to poke holes
in Todd's new stories.
293
00:14:28,494 --> 00:14:31,038
‐ So you were driving around
looking for a person
294
00:14:31,122 --> 00:14:32,331
that you hadn't talked to
295
00:14:32,415 --> 00:14:34,375
and don't know
where he lives, right?
296
00:14:34,500 --> 00:14:35,543
‐ Correct.
297
00:14:35,626 --> 00:14:36,836
♪ ♪
298
00:14:36,919 --> 00:14:38,671
‐ On a day that Barbara
has to go to work.
299
00:14:38,754 --> 00:14:40,047
‐ Correct.
300
00:14:40,172 --> 00:14:41,882
‐ Barb got to work
every Friday at 8:00 a. m.
301
00:14:42,007 --> 00:14:43,426
She was never late.
302
00:14:43,551 --> 00:14:46,053
Her work called immediately
when she was late.
303
00:14:46,137 --> 00:14:48,764
‐ Do you have a reason
why she wouldn't call in
304
00:14:48,889 --> 00:14:50,307
when she knows
she's gotta work at 8:00,
305
00:14:50,391 --> 00:14:51,767
and there's no way
she's gonna make it by 8:00?
306
00:14:51,851 --> 00:14:53,894
‐ I don't have a reason.
307
00:14:53,978 --> 00:14:55,688
‐ You don't find that odd?
308
00:14:55,729 --> 00:14:57,064
♪ ♪
309
00:14:57,189 --> 00:15:00,359
‐ I find a lot
of things odd, yes.
310
00:15:00,443 --> 00:15:02,027
‐ You have no explanation
for that, though?
311
00:15:02,111 --> 00:15:03,863
‐ I do not have
an explanation for that, no.
312
00:15:03,988 --> 00:15:05,281
♪ ♪
313
00:15:05,406 --> 00:15:08,576
‐ But that dubious timeline
was not the only issue
314
00:15:08,659 --> 00:15:09,994
Todd had to address.
315
00:15:10,077 --> 00:15:12,079
Unable to provide
or even suggest a motive,
316
00:15:12,163 --> 00:15:15,374
the prosecution leaned hard
into questioning Todd
317
00:15:15,458 --> 00:15:18,002
about both of their
suspicious injuries.
318
00:15:18,043 --> 00:15:21,046
‐ It was clear from our
autopsy that Barb died
319
00:15:21,172 --> 00:15:24,008
from blunt force trauma
to the back of her head.
320
00:15:24,091 --> 00:15:26,802
‐ There were these
three skull‐deep lacerations
321
00:15:26,886 --> 00:15:28,345
on the back
of her head and neck.
322
00:15:28,429 --> 00:15:31,849
That was a big red flag,
especially when talking about
323
00:15:31,974 --> 00:15:34,727
a pipe coming
through the windshield.
324
00:15:34,810 --> 00:15:37,688
‐ She also had a broken nose.
325
00:15:37,813 --> 00:15:39,440
Injuries to the insides
of her lips.
326
00:15:39,565 --> 00:15:40,983
Scratches on her neck
that might have
327
00:15:41,066 --> 00:15:42,902
looked like
she'd been strangled.
328
00:15:43,027 --> 00:15:45,738
‐ She had a couple fingernails
that were torn.
329
00:15:45,863 --> 00:15:47,364
One of her neckbones
was broken,
330
00:15:47,490 --> 00:15:49,533
as though
she had been strangled.
331
00:15:49,617 --> 00:15:52,870
‐ Injuries to her hands,
her arms, her legs.
332
00:15:52,995 --> 00:15:54,872
We then had to focus
on Todd Kendhammer
333
00:15:54,997 --> 00:15:56,582
being the last person
that was with her
334
00:15:56,707 --> 00:15:58,167
and that saw her alive.
335
00:15:58,250 --> 00:15:59,877
And then he staged a cover‐up.
336
00:15:59,960 --> 00:16:01,253
There were a number of times
where you tried
337
00:16:01,337 --> 00:16:03,422
to manipulate
the police, didn't you?
338
00:16:03,547 --> 00:16:04,673
‐ Explain "manipulate."
339
00:16:04,757 --> 00:16:08,344
‐ Well, the police noted
scratches on your neck.
340
00:16:08,469 --> 00:16:09,845
You first said that that was
from working
341
00:16:09,887 --> 00:16:11,764
with glass, correct?
342
00:16:11,889 --> 00:16:13,265
‐ I said that, yes.
343
00:16:13,349 --> 00:16:14,767
‐ Well, were these scratches
from glass?
344
00:16:14,892 --> 00:16:16,227
‐ No.
‐ That was a lie.
345
00:16:16,352 --> 00:16:18,395
‐ It wasn't a lie.
‐ It was not true.
346
00:16:18,521 --> 00:16:19,730
‐ It was not true.
347
00:16:19,813 --> 00:16:21,023
‐ If you're telling the jury
348
00:16:21,106 --> 00:16:22,441
you said
things that weren't true,
349
00:16:22,525 --> 00:16:24,235
that's as good
as a confession for me.
350
00:16:24,318 --> 00:16:25,778
The scratches were
from her trying
351
00:16:25,903 --> 00:16:27,196
to get you off of her,
weren't they?
352
00:16:27,279 --> 00:16:29,573
‐ Nope.
‐ She was scratching your neck.
353
00:16:29,657 --> 00:16:32,618
Her neck. Her nail broke.
Looks like a fight, doesn't it?
354
00:16:32,743 --> 00:16:34,286
‐ No.
‐ Not at all?
355
00:16:34,370 --> 00:16:36,497
‐ Well, it might look like it,
but it wasn't.
356
00:16:36,580 --> 00:16:38,457
‐ We wanted the jurors
to focus not so much on,
357
00:16:38,582 --> 00:16:40,751
"Was it a good marriage
or a bad marriage?"
358
00:16:40,834 --> 00:16:42,169
'cause I would lose
that argument.
359
00:16:42,211 --> 00:16:44,338
Mr. Kendhammer,
isn't it true that
360
00:16:44,421 --> 00:16:46,298
you punched her
and broke her nose?
361
00:16:46,382 --> 00:16:47,424
‐ No.
362
00:16:47,508 --> 00:16:49,760
‐ Caused bruises on her face?
‐ No.
363
00:16:49,885 --> 00:16:51,554
‐ So I wanted them to focus
on where I thought
364
00:16:51,637 --> 00:16:54,265
I might win the argument,
which is, on this day,
365
00:16:54,390 --> 00:16:56,308
she died from blunt trauma
to her head.
366
00:16:56,392 --> 00:16:58,060
There are scratches
on your neck, right?
367
00:16:58,185 --> 00:17:00,521
‐ Yes, there was.
‐ She had a broken nail, right?
368
00:17:00,604 --> 00:17:01,564
‐ Yes, she did.
369
00:17:01,689 --> 00:17:03,023
‐ When your wife
is hurt in an accident,
370
00:17:03,107 --> 00:17:04,441
why would you be lying,
371
00:17:04,525 --> 00:17:06,151
other than you've got
something to cover up?
372
00:17:06,235 --> 00:17:08,988
There's blood
on both your knuckles, right?
373
00:17:09,071 --> 00:17:11,407
‐ It's not
from punching my wife.
374
00:17:11,490 --> 00:17:13,951
♪ ♪
375
00:17:14,034 --> 00:17:15,494
‐ Once cross‐examination
was over,
376
00:17:15,578 --> 00:17:19,206
the jury then had
to weigh Todd's story.
377
00:17:19,331 --> 00:17:24,253
But first, prosecution
had a surprise witness.
378
00:17:40,811 --> 00:17:44,064
‐ Todd Kendhammer's on trial
for his wife's murder.
379
00:17:44,148 --> 00:17:45,649
He's told his side
of the story
380
00:17:45,733 --> 00:17:48,444
and answered the prosecution's
questions as best he can.
381
00:17:48,569 --> 00:17:50,237
Usually, at this point,
the defense rests,
382
00:17:50,362 --> 00:17:51,822
and the jury deliberates.
383
00:17:51,905 --> 00:17:55,284
But prosecutor Tim Gruenke
has something up his sleeve.
384
00:17:55,409 --> 00:17:57,244
‐ A big thing with this story
was the windshield.
385
00:17:57,369 --> 00:17:59,705
So he was gonna go replace
a windshield for Justin Heim.
386
00:17:59,830 --> 00:18:02,041
And then it was Ben Pfaff,
and then it was‐‐
387
00:18:02,124 --> 00:18:04,043
on the stand,
it changed to Jerry Loging.
388
00:18:04,168 --> 00:18:06,629
‐ But the prosecution
had a surprise witness
389
00:18:06,712 --> 00:18:10,382
in the form of the third guy
that Todd said
390
00:18:10,507 --> 00:18:12,635
he was going
to meet that morning.
391
00:18:12,718 --> 00:18:16,263
‐ Could you state your name?
‐ Jared Loging.
392
00:18:16,347 --> 00:18:17,890
‐ And could you spell
your last name?
393
00:18:18,015 --> 00:18:20,309
‐ L‐O‐G‐I‐N‐G.
394
00:18:20,392 --> 00:18:23,437
‐ Now, at any time in 2016,
did you talk to Todd Kendhammer
395
00:18:23,562 --> 00:18:26,357
or anybody else about needing
a windshield for your truck?
396
00:18:26,482 --> 00:18:27,524
‐ No.
397
00:18:27,650 --> 00:18:28,942
♪ ♪
398
00:18:29,026 --> 00:18:32,863
‐ So Todd never, ever
established a concrete reason
399
00:18:32,988 --> 00:18:34,573
for why they were on this road
400
00:18:34,657 --> 00:18:37,284
at this time when Barb
should have been at work.
401
00:18:37,409 --> 00:18:38,786
‐ Look, you get a pass
402
00:18:38,911 --> 00:18:40,704
if you forget the seconds
before the accident,
403
00:18:40,829 --> 00:18:42,998
and you forget what happened
during and right afterward.
404
00:18:43,082 --> 00:18:45,793
But you don't get a pass
for what you planned
405
00:18:45,876 --> 00:18:47,503
that morning, hours before.
406
00:18:47,586 --> 00:18:50,381
And the jury really
was gonna wrestle with that.
407
00:18:51,965 --> 00:18:53,509
‐ Now, Mr. Kendhammer...
408
00:18:53,550 --> 00:18:54,677
♪ ♪
409
00:18:54,760 --> 00:18:56,345
For some reason
that I can't tell you,
410
00:18:56,428 --> 00:18:58,681
because he's the only one
who knows,
411
00:18:58,806 --> 00:19:02,059
killed his wife and then
tried to cover it up
412
00:19:02,184 --> 00:19:04,770
and then came into court
and lied to you
413
00:19:04,853 --> 00:19:06,939
to try to get away with it.
414
00:19:07,022 --> 00:19:08,691
Don't let him get away with it.
415
00:19:08,732 --> 00:19:11,985
♪ ♪
416
00:19:12,069 --> 00:19:17,783
‐ Where is the proof that this
was some intentional assault?
417
00:19:17,866 --> 00:19:19,993
♪ ♪
418
00:19:20,077 --> 00:19:24,081
What reason would
Todd Kendhammer
419
00:19:24,206 --> 00:19:28,669
ever have to harm his wife?
420
00:19:28,711 --> 00:19:30,170
♪ ♪
421
00:19:30,295 --> 00:19:33,465
‐ The moment
before a verdict is read
422
00:19:33,549 --> 00:19:36,135
is harrowing in any courtroom.
423
00:19:36,218 --> 00:19:38,387
It is one of
the scariest moments
424
00:19:38,512 --> 00:19:40,389
that you can experience.
425
00:19:40,472 --> 00:19:42,933
♪ ♪
426
00:19:43,016 --> 00:19:44,476
‐ Mr. Kendhammer,
if you'd please rise
427
00:19:44,560 --> 00:19:46,603
for the reading of the verdict.
428
00:19:46,687 --> 00:19:49,940
State of Wisconsin
versus Todd A. Kendhammer.
429
00:19:50,023 --> 00:19:51,942
We, the jury,
find the defendant,
430
00:19:52,025 --> 00:19:53,444
Todd A. Kendhammer...
431
00:19:53,527 --> 00:19:54,486
♪ ♪
432
00:19:54,570 --> 00:19:57,364
Guilty of first‐degree
intentional homicide,
433
00:19:57,489 --> 00:19:59,825
as charged in the information.
434
00:20:05,456 --> 00:20:08,000
‐ If Todd Kendhammer
had not taken the stand,
435
00:20:08,083 --> 00:20:10,169
I believe he definitely
would have been convicted.
436
00:20:10,252 --> 00:20:12,171
And had they
patched up those holes
437
00:20:12,254 --> 00:20:14,506
during his cross examination
and been able to explain
438
00:20:14,631 --> 00:20:16,341
all those lies
and inconsistencies,
439
00:20:16,425 --> 00:20:18,635
he may have
ultimately been acquitted.
440
00:20:18,719 --> 00:20:20,554
‐ I think Mr. Kendhammer
thought that
441
00:20:20,679 --> 00:20:23,390
he could just talk to the jury
442
00:20:23,474 --> 00:20:24,933
and explain that
he's a good guy,
443
00:20:25,017 --> 00:20:28,103
and he couldn't have done this,
and leave it at that.
444
00:20:28,228 --> 00:20:29,646
‐ Ladies and gentlemen,
the verdict I just read,
445
00:20:29,730 --> 00:20:31,231
if this is the verdict
of each of you,
446
00:20:31,356 --> 00:20:33,692
would you please
raise your right hand?
447
00:20:33,776 --> 00:20:36,153
‐ People are not all good
or all bad.
448
00:20:36,236 --> 00:20:38,280
None of us are as good
as their best day
449
00:20:38,363 --> 00:20:39,698
or as bad as our worst day.
450
00:20:39,782 --> 00:20:42,075
‐ Well, the court,
having heard the testimony,
451
00:20:42,201 --> 00:20:44,119
will accept the jury's verdict.
452
00:20:44,244 --> 00:20:46,580
Conviction on behalf
of Mr. Kendhammer
453
00:20:46,663 --> 00:20:49,208
on count one, first‐degree
intentional homicide.
454
00:20:49,291 --> 00:20:51,418
‐ I have no doubt that
he did love Barbara,
455
00:20:51,543 --> 00:20:54,254
but those aren't
mutually exclusive.
456
00:20:54,379 --> 00:20:56,507
You can be in love
with somebody and still,
457
00:20:56,590 --> 00:20:59,301
you know,
commit a crime against them.
458
00:20:59,384 --> 00:21:02,262
‐ Defendants are never forced
to take the stand,
459
00:21:02,346 --> 00:21:03,555
but that decision is likely
460
00:21:03,639 --> 00:21:06,475
the biggest one
they ever make.
461
00:21:06,558 --> 00:21:08,769
For "Under Oath",
I'm Dan Abrams.