1
00:00:12,596 --> 00:00:14,473
Was it Mr. Sabich's pattern...
2
00:00:14,473 --> 00:00:16,308
As day two of the trial begins,
3
00:00:16,308 --> 00:00:18,268
the courtroom remains
abuzz with anticipation.
4
00:00:18,268 --> 00:00:20,938
The prosecution's
strong start has set the stage
5
00:00:20,938 --> 00:00:22,147
for a riveting legal battle.
6
00:00:22,147 --> 00:00:25,067
Molto's opening statement
was nothing short of compelling.
7
00:00:25,067 --> 00:00:28,570
With a commanding presence and
unwavering conviction, he set the stage...
8
00:00:28,570 --> 00:00:30,030
...beyond a reasonable doubt.
9
00:00:30,030 --> 00:00:33,033
Tommy Molto delivered
an impassioned opening statement
10
00:00:33,033 --> 00:00:35,494
that resonated with both the jury
and the public.
11
00:00:35,494 --> 00:00:38,956
...going head-to-head against
renowned defense attorney Raymond Horgan.
12
00:00:38,956 --> 00:00:41,291
...or will Tommy Molto's
captivating opening statement
13
00:00:41,291 --> 00:00:43,502
continue to resonate,
securing what appears to be
14
00:00:43,502 --> 00:00:45,921
a solid foundation
for the prosecution's case?
15
00:00:47,422 --> 00:00:48,966
You're a fucking asshole!
16
00:00:50,717 --> 00:00:52,886
Doctor, can you describe
what we're seeing here?
17
00:00:53,554 --> 00:00:56,098
The blunt force wounds
that resulted in the death of the victim,
18
00:00:56,098 --> 00:00:57,307
Carolyn Polhemus.
19
00:00:57,307 --> 00:01:01,311
Struck three times by a thin, heavy object
resulting in laceration of the scalp,
20
00:01:01,311 --> 00:01:04,105
severe contusions, skull fractures,
brain herniation.
21
00:01:04,105 --> 00:01:05,065
Herniation?
22
00:01:05,065 --> 00:01:07,484
Cranial pressure
forced sections of her brain to shift,
23
00:01:07,484 --> 00:01:08,485
seek an exit.
24
00:01:08,485 --> 00:01:10,696
So that's her brain
seeping through the fractures?
25
00:01:10,696 --> 00:01:12,823
Correct. What the photos don't show
26
00:01:12,823 --> 00:01:15,033
is that it also
pushed through the foramen magnum.
27
00:01:15,033 --> 00:01:17,077
That's where the spine enters
the base of the skull.
28
00:01:17,077 --> 00:01:19,246
- And this was the cause of death?
- It would have been,
29
00:01:19,246 --> 00:01:21,540
but she bled to death
before the herniation could kill her.
30
00:01:21,540 --> 00:01:22,916
What was the estimated time of death?
31
00:01:22,916 --> 00:01:25,043
Body temperature
and stages of rigor and livor mortis
32
00:01:25,043 --> 00:01:26,920
put it between 10 p.m. and midnight.
33
00:01:26,920 --> 00:01:29,298
And the markings on her face?
34
00:01:29,298 --> 00:01:30,591
They indicate a fall.
35
00:01:30,591 --> 00:01:32,217
She was struck once
on the back of the head,
36
00:01:32,217 --> 00:01:33,802
falling face forward, breaking her nose,
37
00:01:33,802 --> 00:01:36,430
thus the markings
under her eyes and on her cheeks.
38
00:01:36,430 --> 00:01:39,141
She was then struck two more times
in the back of the skull.
39
00:01:39,141 --> 00:01:41,894
The contusion on her face occurred
while she was still alive.
40
00:01:41,894 --> 00:01:43,604
The fatal blows came after.
41
00:01:43,604 --> 00:01:45,647
Is there any evidence
that she tried to defend herself?
42
00:01:45,647 --> 00:01:47,733
There were no conclusive defensive wounds.
43
00:01:47,733 --> 00:01:50,444
Traces of the defendant's skin
were determined to be present
44
00:01:50,444 --> 00:01:52,196
under one of the victim's fingernails.
45
00:01:52,196 --> 00:01:55,490
Is it possible she scratched him
as she was trying to defend herself?
46
00:01:55,490 --> 00:01:58,660
It's possible.
More likely, she never saw it coming.
47
00:01:58,660 --> 00:02:00,579
And you stated
that the blow didn't kill her,
48
00:02:00,579 --> 00:02:03,457
- that she lay there, bleeding out?
- Yes, sir.
49
00:02:03,457 --> 00:02:05,000
- She suffered.
- Leading.
50
00:02:05,000 --> 00:02:07,419
- Did she suffer?
- I cannot conclude that.
51
00:02:07,419 --> 00:02:10,297
She was most likely unconscious
from the blows to the skull.
52
00:02:10,297 --> 00:02:13,800
Can you rule out that she was conscious,
that she suffered?
53
00:02:14,301 --> 00:02:15,844
I cannot rule that out, no.
54
00:02:15,844 --> 00:02:18,722
Doctor, do you have any other findings
in regard to Ms. Polhemus?
55
00:02:18,722 --> 00:02:22,726
Yes. She was six weeks pregnant
at the time she was killed.
56
00:02:23,727 --> 00:02:25,395
Your Honor, at this time,
57
00:02:25,395 --> 00:02:28,524
I would enter the parties'
joint stipulation as to the DNA analysis,
58
00:02:28,524 --> 00:02:31,860
which confirms the defendant's paternity.
59
00:02:31,860 --> 00:02:33,070
So noted.
60
00:02:33,070 --> 00:02:35,072
So the defendant impregnated the victim?
61
00:02:35,072 --> 00:02:36,448
Yes, he did.
62
00:02:38,575 --> 00:02:39,576
That's all I have.
63
00:02:40,577 --> 00:02:41,411
Mr. Horgan.
64
00:02:41,411 --> 00:02:44,456
The defense will not be challenging
this witness, Your Honor.
65
00:02:44,456 --> 00:02:47,167
- Dr. Kumagai--
- Actually, I'm old and I...
66
00:02:47,918 --> 00:02:50,254
better make sure
that I didn't miss anything.
67
00:02:50,254 --> 00:02:52,756
You said, "A thin, heavy object."
68
00:02:52,756 --> 00:02:53,841
As I understand it,
69
00:02:53,841 --> 00:02:58,929
you make no findings
as to who swung this thin, heavy object.
70
00:02:58,929 --> 00:03:01,557
- In fact, they don't even suggest it.
- Correct.
71
00:03:01,557 --> 00:03:03,392
You make no medical determinations
72
00:03:03,392 --> 00:03:05,686
as to who killed Carolyn Polhemus.
73
00:03:05,686 --> 00:03:07,688
I can only state
with an absolute certainty
74
00:03:07,688 --> 00:03:09,231
that this was a homicide.
75
00:03:09,231 --> 00:03:10,566
Uh-huh.
76
00:03:11,108 --> 00:03:17,197
And no thin, heavy object or murder weapon
of any kind has been recovered?
77
00:03:17,197 --> 00:03:18,282
Correct.
78
00:03:18,782 --> 00:03:19,783
Thank you.
79
00:03:23,537 --> 00:03:24,872
Mr. Molto. Redirect?
80
00:03:25,372 --> 00:03:26,248
Do not.
81
00:03:27,416 --> 00:03:31,128
- We got what we needed. Move--
- Doctor, after you completed the autopsy,
82
00:03:31,128 --> 00:03:33,005
did you have chance
to encounter the defendant?
83
00:03:33,005 --> 00:03:36,592
Yes, he came to our office
and aggressively demanded to see the body.
84
00:03:36,592 --> 00:03:40,012
Is that typical, for a district attorney
to show up like that?
85
00:03:40,012 --> 00:03:42,306
It's been known to happen,
but it's certainly not routine.
86
00:03:42,306 --> 00:03:46,643
Did Mr. Sabich have a pattern
of showing up to view victims?
87
00:03:46,643 --> 00:03:49,271
- No.
- Did Mr. Sabich ever show up
88
00:03:49,271 --> 00:03:52,482
- to personally view a homicide victim?
- Never.
89
00:03:52,482 --> 00:03:54,735
But he showed up on this day.
What was his demeanor?
90
00:03:54,735 --> 00:03:58,780
- He was agitated, erratic, even scared.
- Scared?
91
00:03:58,780 --> 00:04:00,115
Which I didn't understand then.
92
00:04:00,115 --> 00:04:01,408
But you do now?
93
00:04:01,408 --> 00:04:04,786
My sense, he didn't want
to just know my findings,
94
00:04:04,786 --> 00:04:06,705
it was as if he was scared of them.
95
00:04:07,581 --> 00:04:09,166
There was something off about him.
96
00:04:11,502 --> 00:04:12,503
That's all I have.
97
00:04:13,420 --> 00:04:18,841
Doctor, do you have any psychological
foundation to render behavioral diagnosis
98
00:04:18,841 --> 00:04:21,887
when it comes to agitation, fright or...
99
00:04:22,971 --> 00:04:24,056
"off"?
100
00:04:24,056 --> 00:04:25,849
I have a history with the defendant,
101
00:04:25,849 --> 00:04:29,144
one that allows me to form lay opinions
based on his behavior,
102
00:04:29,144 --> 00:04:31,146
and he was acting out of the ordinary.
103
00:04:31,146 --> 00:04:33,106
You have a history with him.
Are you two friends?
104
00:04:33,106 --> 00:04:34,316
Colleagues, not friends.
105
00:04:34,316 --> 00:04:37,611
Not friends. In fact,
you consider my client to be an asshole.
106
00:04:37,611 --> 00:04:40,405
- Objection.
- Offered to show bias.
107
00:04:41,573 --> 00:04:42,574
I'll allow it.
108
00:04:45,202 --> 00:04:48,622
Things get heated sometimes,
and I do regret calling him that.
109
00:04:48,622 --> 00:04:51,333
You don't have any bias,
say, against district attorneys?
110
00:04:51,917 --> 00:04:53,669
Of course not. That's preposterous.
111
00:04:53,669 --> 00:04:55,462
- You ever call me an asshole?
- Objection.
112
00:04:55,462 --> 00:04:57,589
Your Honor,
if there is prejudice at play here--
113
00:04:57,589 --> 00:04:58,966
Short leash.
114
00:04:59,675 --> 00:05:00,509
Doctor.
115
00:05:01,426 --> 00:05:04,096
You and I have gotten into it
a few times as well.
116
00:05:04,096 --> 00:05:05,764
I mean, it happens in our line of work.
117
00:05:05,764 --> 00:05:08,600
It is a very contentious,
high-pressure process
118
00:05:08,600 --> 00:05:10,978
and sometimes we decompress
by blowing off some steam.
119
00:05:10,978 --> 00:05:14,606
But I certainly do not have
a bias against prosecutors,
120
00:05:14,606 --> 00:05:16,733
and I take extreme offense to that.
121
00:05:16,733 --> 00:05:18,777
Did you ever call Tommy Molto an asshole?
122
00:05:18,777 --> 00:05:20,362
- Objection.
- No more than you.
123
00:05:20,362 --> 00:05:21,446
Dr. Kumagai.
124
00:05:21,446 --> 00:05:23,031
Maybe this is why
you didn't get reelected.
125
00:05:23,031 --> 00:05:24,533
- Doctor.
- Don't quit your day job.
126
00:05:24,533 --> 00:05:25,868
Oh, no, that's right. You got fired,
127
00:05:25,868 --> 00:05:27,327
- right? Yeah.
- Dr. Kumagai.
128
00:05:27,327 --> 00:05:29,454
We've got to go. Head down.
129
00:05:34,960 --> 00:05:36,461
Copy. He's in the car.
130
00:05:48,891 --> 00:05:52,436
We had what we needed.
We had it, but you couldn't let it sit.
131
00:05:53,020 --> 00:05:55,772
That's what I said-- I told you.
Just get Kumagai up there,
132
00:05:55,772 --> 00:05:58,650
and get him to establish
the time and cause of death
133
00:05:58,650 --> 00:06:00,569
and the paternity of the baby.
134
00:06:00,569 --> 00:06:02,905
But you couldn't just leave it there.
135
00:06:02,905 --> 00:06:07,409
And now we have an ME
that comes across as an aggrieved,
136
00:06:07,409 --> 00:06:10,412
- grudge-bearing "dis-grunt."
- It was important testimony.
137
00:06:10,412 --> 00:06:13,665
The Rusty Sabich that everyone
knows and loves wouldn't have done this,
138
00:06:13,665 --> 00:06:16,335
so we have to establish
wherever and whenever possible
139
00:06:16,335 --> 00:06:19,129
that at some point
he stopped being that Rusty Sabich.
140
00:06:19,129 --> 00:06:20,172
It was a net win.
141
00:06:20,172 --> 00:06:23,217
I'm gonna call this a net fucking loss.
142
00:06:23,217 --> 00:06:25,886
It's a circumstantial case
that's gonna be built on bits and pieces,
143
00:06:25,886 --> 00:06:28,430
the tiniest and smallest of increments.
144
00:06:28,430 --> 00:06:30,516
Kumagai is just the first piece.
145
00:06:31,099 --> 00:06:33,477
Rusty Sabich was unhinged, other.
146
00:06:35,896 --> 00:06:39,608
The skin under Carolyn's fingernail
wasn't in the initial report.
147
00:06:40,734 --> 00:06:42,110
FSC is backlogged.
148
00:06:43,570 --> 00:06:46,448
Kumagai just took a little longer
with that part of the analysis.
149
00:06:49,493 --> 00:06:53,038
The forensic pathologist,
he figures to be a lot tougher.
150
00:06:53,038 --> 00:06:54,456
Jeremy Buck.
151
00:06:54,456 --> 00:06:58,168
He's probably the best.
He was always my go-to. Yours too, Rusty.
152
00:06:58,168 --> 00:07:00,045
He's as precise as he is graphic,
153
00:07:00,045 --> 00:07:04,299
so we think it's best if neither of you
actually look at the photographs.
154
00:07:04,299 --> 00:07:09,179
Just straight forward, neutral, numb.
Okay?
155
00:07:11,056 --> 00:07:13,308
Can we talk about body language for a sec?
156
00:07:13,308 --> 00:07:14,476
What about it?
157
00:07:14,476 --> 00:07:17,187
Well, we didn't love what we saw today.
158
00:07:17,187 --> 00:07:18,939
You guys need to look together.
159
00:07:18,939 --> 00:07:21,400
The jury's going to be taking cues
from you,
160
00:07:21,400 --> 00:07:25,279
and they need to see "I love him.
I believe in him" at every turn.
161
00:07:25,779 --> 00:07:28,782
And if the media,
they swarm again like they did today,
162
00:07:28,782 --> 00:07:32,870
maybe, Rusty, you could put your arm
around Barbara and shield her.
163
00:07:35,622 --> 00:07:36,623
Barbara?
164
00:07:39,126 --> 00:07:40,252
So...
165
00:07:42,254 --> 00:07:44,464
we want the jury to believe
that he's my protector.
166
00:07:46,008 --> 00:07:48,969
Yeah, in a sense. In that situation.
167
00:07:51,138 --> 00:07:52,139
Raymond, I...
168
00:07:54,808 --> 00:07:56,435
can't claim to know your job,
169
00:07:57,144 --> 00:07:59,313
but I think insulting
the jury's intelligence
170
00:07:59,313 --> 00:08:00,898
is not the best path.
171
00:08:02,482 --> 00:08:05,903
What they're likely to see on my face
is going to be shock.
172
00:08:06,653 --> 00:08:08,697
My husband's on trial
for a gruesome murder.
173
00:08:08,697 --> 00:08:11,074
How could I be anything else
but fucking shocked?
174
00:08:19,124 --> 00:08:21,126
Trials often come down to storytelling.
175
00:08:22,544 --> 00:08:23,962
Best version wins.
176
00:08:24,546 --> 00:08:26,757
And you are part of our story here,
177
00:08:26,757 --> 00:08:29,301
and your fury
isn't going to carry the day.
178
00:08:38,769 --> 00:08:41,230
It is very difficult for me
to be in that room,
179
00:08:41,855 --> 00:08:44,900
to have to bear witness to all the things
that are gonna be said,
180
00:08:44,900 --> 00:08:46,527
all the images depicted.
181
00:08:50,280 --> 00:08:51,990
That I am there at all...
182
00:08:54,868 --> 00:08:58,789
that tells the jury
that I believe in my husband's innocence.
183
00:09:00,290 --> 00:09:01,959
I need to be credible.
184
00:09:02,459 --> 00:09:05,212
But for me to be credible,
I need to be truthful.
185
00:09:07,005 --> 00:09:09,049
And that is what I will be in that room.
186
00:09:10,759 --> 00:09:14,888
I will let them see my truth.
187
00:09:16,723 --> 00:09:18,892
That I am horrified, that I am...
188
00:09:20,310 --> 00:09:21,520
sickened,
189
00:09:22,604 --> 00:09:25,065
that I am repulsed by such depravity,
190
00:09:26,984 --> 00:09:30,529
that I am offended by the mere notion
that the father of my children could be...
191
00:09:32,072 --> 00:09:34,157
responsible for such depravity.
192
00:09:38,120 --> 00:09:40,914
This is the darkest hour
of my fucking life.
193
00:09:43,542 --> 00:09:45,586
I will not pretend otherwise.
194
00:09:50,299 --> 00:09:52,217
Not for you two. Not for that jury.
195
00:10:17,701 --> 00:10:22,414
We found skin cells
under the fingernails of her right hand,
196
00:10:22,414 --> 00:10:24,708
a DNA match for the defendant.
197
00:10:24,708 --> 00:10:28,378
We also found traces of saliva
on the victim's face
198
00:10:28,378 --> 00:10:31,798
and on the collar of the shirt
she had been wearing.
199
00:10:31,798 --> 00:10:33,800
DNA match for the defendant.
200
00:10:33,800 --> 00:10:39,306
Curiously, we found no DNA whatsoever
on the rope used to bind the body.
201
00:10:39,306 --> 00:10:40,933
Why do you say "curiously"?
202
00:10:40,933 --> 00:10:42,392
It was fastidious.
203
00:10:42,935 --> 00:10:46,563
The perpetrator was careful
not to leave any evidence.
204
00:10:46,563 --> 00:10:51,068
It's rare to find a scene
so bloody and messy,
205
00:10:51,652 --> 00:10:56,156
yet so sterile
from an evidentiary standpoint.
206
00:10:56,156 --> 00:10:57,574
What does that tell you?
207
00:10:57,574 --> 00:11:02,204
That great pains were taken to clean up,
to cover up.
208
00:11:02,204 --> 00:11:05,874
Based on your nearly 20 years
as a forensic pathologist,
209
00:11:05,874 --> 00:11:07,751
what is your opinion about what happened?
210
00:11:07,751 --> 00:11:13,215
My opinion is we had a sudden act
of murderous rage--
211
00:11:13,215 --> 00:11:14,216
unplanned--
212
00:11:14,216 --> 00:11:17,094
followed by a very meticulous,
213
00:11:17,094 --> 00:11:20,681
methodical, postmortem act
of tying her up.
214
00:11:20,681 --> 00:11:22,516
That's all I have. Thank you.
215
00:11:22,516 --> 00:11:25,269
Have you ever seen a body
tied up like this before?
216
00:11:25,269 --> 00:11:30,399
I had a homicide case several years ago
where the body was bound up
217
00:11:30,399 --> 00:11:33,026
in an eerily similar fashion, yes.
218
00:11:33,026 --> 00:11:37,698
And who was the district attorney
in charge of prosecuting that homicide?
219
00:11:37,698 --> 00:11:41,201
{\an8}There were two,
Carolyn Polhemus and Rusty Sabich.
220
00:11:41,201 --> 00:11:44,496
{\an8}And the killer in that case,
his name is Liam Reynolds.
221
00:11:46,540 --> 00:11:48,333
- He was convicted.
- Correct.
222
00:11:48,333 --> 00:11:50,085
Convicted by the prosecutors
223
00:11:50,085 --> 00:11:52,671
{\an8}- Carolyn Polhemus and Rusty Sabich.
- Correct.
224
00:11:52,671 --> 00:11:56,884
{\an8}And upon being convicted
by Carolyn Polhemus and Rusty Sabich,
225
00:11:56,884 --> 00:11:58,677
{\an8}he threatened to get even with them.
226
00:11:58,677 --> 00:12:00,512
{\an8}- Are you aware of this?
- I am.
227
00:12:00,512 --> 00:12:05,058
{\an8}Now, I am no expert on
the science of getting even, but I suspect
228
00:12:05,058 --> 00:12:07,352
- killing one while framing the other...
- Objection.
229
00:12:07,352 --> 00:12:09,897
- ...would be very--
- Sustained. Bring it up here right now.
230
00:12:20,574 --> 00:12:21,491
We discussed this.
231
00:12:21,491 --> 00:12:23,702
This office never really investigated
Mr. Reynolds--
232
00:12:23,702 --> 00:12:25,370
They never investigated me, far as I know.
233
00:12:25,370 --> 00:12:27,331
Their burden isn't
to investigate everyone.
234
00:12:27,331 --> 00:12:30,000
- They have no duty to prove a negative.
- He made a public threat
235
00:12:30,000 --> 00:12:32,169
- to Carolyn and Rusty.
- Yes, he made a threat...
236
00:12:32,169 --> 00:12:34,213
- I thought it important the jury know.
- ...an empty one.
237
00:12:34,213 --> 00:12:36,173
- Why I should not have this...
- One you will not be milking.
238
00:12:36,173 --> 00:12:37,424
...entered into the record.
239
00:12:37,424 --> 00:12:40,093
Give me something tangible
and I'll let you explore it.
240
00:12:41,512 --> 00:12:44,515
Otherwise, none of your nonsense.
Now step back.
241
00:12:54,650 --> 00:12:59,571
Mr. Buck, you've been made aware
that my client and the deceased
242
00:12:59,571 --> 00:13:01,782
- were romantically intimate.
- Yes.
243
00:13:01,782 --> 00:13:05,077
And when you say,
"skin was found under her fingernails,"
244
00:13:05,077 --> 00:13:09,039
do you mean actual skin,
as in pieces of skin,
245
00:13:09,039 --> 00:13:10,791
like he'd been scratched?
246
00:13:10,791 --> 00:13:14,962
No, not visible pieces of skin. Cells.
247
00:13:14,962 --> 00:13:18,090
If I scratched my face like this,
248
00:13:18,090 --> 00:13:20,592
one might find skin cells under my nails?
249
00:13:21,260 --> 00:13:22,427
It's possible.
250
00:13:22,427 --> 00:13:26,431
So, if Rusty Sabich kissed
Carolyn Polhemus, and while kissing,
251
00:13:26,431 --> 00:13:32,354
Carolyn happened to run her fingernails
along his neck or on his back,
252
00:13:32,354 --> 00:13:36,859
could that not account
for the traces of his saliva found on her
253
00:13:36,859 --> 00:13:40,904
and the DNA found under her fingernails?
Is that not possible?
254
00:13:42,614 --> 00:13:43,699
I suppose.
255
00:13:43,699 --> 00:13:46,577
So the DNA you say suggests he killed her,
256
00:13:47,160 --> 00:13:52,249
it could just as easily say and suggest
he kissed her.
257
00:14:00,299 --> 00:14:02,134
You do get the distinction?
258
00:14:56,855 --> 00:14:57,981
You gotta go.
259
00:15:32,558 --> 00:15:35,811
Were you aware that the defendant
and Ms. Polhemus were having an affair?
260
00:15:35,811 --> 00:15:38,105
- I became aware, yes.
- How'd you become aware?
261
00:15:38,689 --> 00:15:42,317
Well, I had various reasons to suspect.
262
00:15:42,317 --> 00:15:44,528
As for when I actually knew...
263
00:15:46,363 --> 00:15:48,532
I needed to drop a file off
in Rusty's office.
264
00:15:48,532 --> 00:15:51,034
It was late.
I thought he was gone. He wasn't.
265
00:15:51,034 --> 00:15:53,579
I walked inside. He was kissing Carolyn.
266
00:15:56,123 --> 00:15:57,082
Yeah?
267
00:15:57,624 --> 00:16:01,044
- I got the Roberts case.
- Yeah.
268
00:16:01,044 --> 00:16:02,129
- Yeah.
- Yep.
269
00:16:03,213 --> 00:16:05,424
- Thanks. Yeah.
- There you go. I will see you tomorrow.
270
00:16:05,424 --> 00:16:08,051
I bolted and she followed me.
271
00:16:08,051 --> 00:16:13,724
And it was incredibly embarrassing
and I left.
272
00:16:13,724 --> 00:16:15,684
- When was this?
- Last February.
273
00:16:15,684 --> 00:16:17,769
Were there any other incidences
that you observed?
274
00:16:17,769 --> 00:16:20,230
Not overtly sexual, just office gossip.
275
00:16:20,230 --> 00:16:24,651
But, I mean, sure,
there were undercurrents.
276
00:16:25,986 --> 00:16:27,029
Such as?
277
00:16:27,529 --> 00:16:31,575
One time in the underground parking lot,
I saw them.
278
00:16:31,575 --> 00:16:34,661
They were-- I think, I don't know--
I think they were arguing.
279
00:16:34,661 --> 00:16:37,998
- ...together. I don't know. What?
- Stay away.
280
00:16:37,998 --> 00:16:40,542
But all I'm doing is asking you
a question. So if you can just--
281
00:16:40,542 --> 00:16:42,044
That's it. Fuck's sake.
282
00:16:42,044 --> 00:16:44,755
She was in her car,
he was banging on her window,
283
00:16:44,755 --> 00:16:45,714
and she sped off.
284
00:16:45,714 --> 00:16:47,090
Fuck.
285
00:16:47,090 --> 00:16:49,927
Did you have the opportunity
to discuss any of this with Mr. Sabich?
286
00:16:49,927 --> 00:16:51,220
I did.
287
00:16:52,638 --> 00:16:53,722
What'd you say?
288
00:16:54,973 --> 00:16:56,600
I told him that I--
289
00:16:56,600 --> 00:17:01,355
that I was worried that he was,
I don't know, losing himself.
290
00:17:01,355 --> 00:17:03,941
- Losing himself?
- To her.
291
00:17:04,525 --> 00:17:08,945
He was becoming a little undone,
292
00:17:09,695 --> 00:17:10,696
obsessive.
293
00:17:14,201 --> 00:17:18,664
You didn't approve of this relationship
between Mr. Sabich and Ms. Polhemus?
294
00:17:18,664 --> 00:17:20,165
- You didn't approve?
- No, I didn't.
295
00:17:20,165 --> 00:17:23,042
And you didn't really approve
of Carolyn Polhemus, did you?
296
00:17:23,042 --> 00:17:26,380
It's not about that.
It was unprofessional.
297
00:17:27,089 --> 00:17:29,258
You didn't like Carolyn, did you?
298
00:17:29,258 --> 00:17:30,801
No, I didn't.
299
00:17:30,801 --> 00:17:35,556
Did you ever report your concerns
about it being unprofessional to HR?
300
00:17:35,556 --> 00:17:37,432
I did not, no.
301
00:17:40,227 --> 00:17:43,939
And to your knowledge,
Ms. Polhemus never made a complaint to HR
302
00:17:43,939 --> 00:17:45,190
about Mr. Sabich?
303
00:17:45,190 --> 00:17:46,233
That's correct.
304
00:17:46,733 --> 00:17:51,488
To your knowledge, did she ever
make a complaint to HR about anyone?
305
00:17:52,823 --> 00:17:53,824
Yes.
306
00:17:55,325 --> 00:17:56,201
Who?
307
00:17:58,370 --> 00:17:59,538
Tommy Molto.
308
00:18:16,930 --> 00:18:17,931
Yeah.
309
00:18:21,101 --> 00:18:25,147
Do you have any knowledge
of me acting unprofessionally or untoward
310
00:18:25,147 --> 00:18:26,899
with respect to Ms. Polhemus?
311
00:18:26,899 --> 00:18:28,984
I have no actual knowledge, no.
312
00:18:28,984 --> 00:18:31,111
And do you have any knowledge
about the complaint
313
00:18:31,111 --> 00:18:32,487
that was filed at human resources?
314
00:18:32,487 --> 00:18:35,824
All I know is that she didn't want to work
on any cases with you.
315
00:18:35,824 --> 00:18:38,827
She said that you gave her ick.
316
00:18:43,624 --> 00:18:49,046
Okay. Did you ever witness me acting
unprofessionally toward the victim?
317
00:18:49,046 --> 00:18:50,214
Not really.
318
00:18:50,214 --> 00:18:52,549
How about Rusty Sabich?
319
00:19:00,390 --> 00:19:05,687
Yes. The defendant seemed obsessed,
losing himself to her.
320
00:19:05,687 --> 00:19:07,272
That's your testimony?
321
00:19:07,272 --> 00:19:08,649
That is my testimony.
322
00:19:11,235 --> 00:19:12,653
Thank you so much.
323
00:19:34,633 --> 00:19:35,968
Hey.
324
00:19:37,636 --> 00:19:38,720
It's okay.
325
00:19:42,391 --> 00:19:44,977
I almost feel sorry for him, Tommy.
326
00:19:48,647 --> 00:19:49,898
I almost did too,
327
00:19:50,482 --> 00:19:54,361
but then I remembered
he's a fucking cockroach.
328
00:19:54,361 --> 00:19:57,614
You can't squish him.
He keeps coming back.
329
00:19:59,366 --> 00:20:03,203
And he's made his points.
330
00:20:03,787 --> 00:20:05,038
You're worried.
331
00:20:05,038 --> 00:20:09,501
Well, if the jury-- they--
sticks with the burden of proof,
332
00:20:09,501 --> 00:20:11,253
I like where we are, but...
333
00:20:12,880 --> 00:20:17,467
if they need someone to pin this on,
it'll be Rusty.
334
00:20:36,320 --> 00:20:37,196
You okay?
335
00:20:39,239 --> 00:20:40,240
You okay?
336
00:20:53,712 --> 00:20:54,713
In my psych class,
337
00:20:54,713 --> 00:20:58,175
we've been reading some stuff
about trauma and disassociation.
338
00:20:58,759 --> 00:21:02,054
How the brain can protect people
from themselves.
339
00:21:02,054 --> 00:21:03,639
Like an involuntary...
340
00:21:05,933 --> 00:21:08,310
detachment from reality.
341
00:21:10,187 --> 00:21:11,230
You ever feel that?
342
00:21:13,857 --> 00:21:14,858
How do you mean?
343
00:21:18,111 --> 00:21:19,112
Just...
344
00:21:25,077 --> 00:21:27,496
People can disassociate
from their memories.
345
00:21:29,831 --> 00:21:30,832
If it's...
346
00:21:33,001 --> 00:21:35,879
If they do something
that they can't reconcile with or...
347
00:21:37,923 --> 00:21:40,050
what they perceive themselves to be...
348
00:21:42,970 --> 00:21:44,888
it can cause a disassociation.
349
00:21:44,888 --> 00:21:46,265
My memory is fine.
350
00:22:42,196 --> 00:22:43,906
Rusty, I need to talk to you.
351
00:22:51,788 --> 00:22:52,915
Okay.
352
00:22:54,458 --> 00:22:57,169
So a couple of months ago...
353
00:23:00,130 --> 00:23:03,884
around the time I got fired
from the gallery,
354
00:23:04,635 --> 00:23:09,264
I started going to a bar in the day.
355
00:23:12,142 --> 00:23:13,477
And...
356
00:23:14,853 --> 00:23:18,106
the bar had a bartender and he...
357
00:23:19,525 --> 00:23:21,360
had a PhD in art.
358
00:23:21,360 --> 00:23:23,862
And so we got talking and...
359
00:23:27,115 --> 00:23:29,701
we actually really connected, and...
360
00:23:32,996 --> 00:23:36,458
we kissed. I kissed him.
361
00:23:41,505 --> 00:23:43,090
But that was all that happened.
362
00:24:21,962 --> 00:24:25,632
It was just a distraction. It was...
363
00:24:27,509 --> 00:24:29,136
It was just a kiss.
364
00:24:30,971 --> 00:24:32,139
Where did it happen?
365
00:24:34,933 --> 00:24:36,518
At his apartment.
366
00:24:38,478 --> 00:24:41,023
- I wanted to see his art.
- At his apartment?
367
00:24:42,608 --> 00:24:44,568
- That's all.
- You wanted to see his--
368
00:24:45,194 --> 00:24:47,571
- piece of his art?
- Don't, Rusty.
369
00:25:00,792 --> 00:25:02,419
- Did you fuck him?
- No.
370
00:25:04,505 --> 00:25:05,589
No.
371
00:25:10,302 --> 00:25:12,012
Why are you telling me this now?
372
00:25:14,348 --> 00:25:16,934
I want to be honest with you.
373
00:25:20,395 --> 00:25:23,607
I thought we were being honest
with each other.
374
00:25:23,607 --> 00:25:27,486
I'm on trial... for my life.
375
00:25:29,613 --> 00:25:30,614
Honest?
376
00:25:33,450 --> 00:25:34,535
I know.
377
00:25:35,452 --> 00:25:38,121
You come in every day and you grind me.
378
00:25:38,705 --> 00:25:40,040
You grind me.
379
00:25:40,040 --> 00:25:42,668
"What happened here?"
"What happened there?"
380
00:25:42,668 --> 00:25:44,545
"Why didn't you tell me this
about you and her?"
381
00:25:45,128 --> 00:25:46,839
Question after question.
382
00:25:47,422 --> 00:25:50,467
And when I tell you,
"I'm just trying to be honest,
383
00:25:50,467 --> 00:25:54,388
I'm just trying to tell you what happened
the best I can remember it.
384
00:25:54,388 --> 00:25:57,724
I can't give you the reasoning
all the time,"
385
00:25:58,350 --> 00:26:01,687
you just grind me over and over again.
386
00:26:01,687 --> 00:26:03,188
- That is not fair.
- Over.
387
00:26:03,188 --> 00:26:07,276
It's not fair?
It's not fair, Barbara? What's fair?
388
00:26:07,276 --> 00:26:08,652
What's fair now?
389
00:26:08,652 --> 00:26:09,987
How does it feel?
390
00:26:10,487 --> 00:26:11,488
What?
391
00:26:11,488 --> 00:26:14,575
How's it feel? To make a fucking mistake?
392
00:26:15,450 --> 00:26:16,535
Fuck's sake.
393
00:26:17,661 --> 00:26:21,081
- Fuck you, Rusty.
- Fuck me?
394
00:27:58,136 --> 00:28:00,639
- I'm out.
- Are my keys in the kitchen?
395
00:28:04,852 --> 00:28:06,103
Can you clean your bowls, please?
396
00:28:06,103 --> 00:28:07,312
- I will.
- They're right here.
397
00:28:07,312 --> 00:28:10,023
- Don't forget your geometry homework.
- It's in my bag.
398
00:28:10,023 --> 00:28:12,985
- Are you coming?
- No, I'm meeting Lorraine.
399
00:28:12,985 --> 00:28:14,319
- And I'm late.
- Barbara?
400
00:28:16,405 --> 00:28:17,990
Kyle, you got your lunch?
401
00:28:17,990 --> 00:28:19,074
Yeah.
402
00:28:34,506 --> 00:28:37,342
I could go. I'm a good seat filler.
403
00:28:39,636 --> 00:28:44,308
Honey. No, that's all right.
I'm okay. Really, I'm good.
404
00:28:55,235 --> 00:28:57,362
I'm sorry if I upset you last night.
405
00:29:25,057 --> 00:29:27,309
Now, why would you tell him?
406
00:29:27,309 --> 00:29:30,062
- I don't know, Lorraine.
- That was a terrible idea.
407
00:29:30,062 --> 00:29:31,146
I know.
408
00:29:32,397 --> 00:29:34,399
It's just that lately we've--
409
00:29:36,109 --> 00:29:37,236
I thought--
410
00:29:38,612 --> 00:29:41,198
I felt we were connecting again.
411
00:29:41,198 --> 00:29:42,449
- I felt...
- Uh-huh.
412
00:29:44,076 --> 00:29:45,619
...close and safe.
413
00:29:45,619 --> 00:29:47,329
- And...
- Okay.
414
00:29:49,039 --> 00:29:52,084
...the whole Clifton thing
just suddenly felt so oppressive
415
00:29:52,084 --> 00:29:55,754
and I needed-- I just--
416
00:29:56,338 --> 00:29:57,673
Blurted it out.
417
00:29:59,383 --> 00:30:00,384
Yeah.
418
00:30:00,384 --> 00:30:02,219
And it didn't go well?
419
00:30:06,181 --> 00:30:07,182
No.
420
00:30:08,559 --> 00:30:11,603
Which is why
you are not going to court alone anymore.
421
00:30:11,603 --> 00:30:13,230
I will be there next to you.
422
00:30:13,230 --> 00:30:15,607
I'll go back, just not today.
423
00:30:17,025 --> 00:30:22,531
Today, they've got all the stuff
they pulled from his computer and hers.
424
00:30:22,531 --> 00:30:23,574
Yeah.
425
00:30:23,574 --> 00:30:28,328
I don't think I can sit through that,
listening to all his declarations of love...
426
00:30:28,328 --> 00:30:30,581
- Oh, God.
- ...et cetera, et cetera.
427
00:30:31,707 --> 00:30:34,918
You know, the night she was killed,
he texted her 30 times?
428
00:30:35,711 --> 00:30:36,712
Oh, my God.
429
00:30:37,337 --> 00:30:40,132
Honestly, I think it's the most
damning part of the whole case.
430
00:30:40,132 --> 00:30:41,383
Thirty times?
431
00:30:44,261 --> 00:30:46,638
And the father
has just filed for a protective order,
432
00:30:46,638 --> 00:30:48,682
trying to prevent his son from testifying.
433
00:30:48,682 --> 00:30:50,934
- You gotta be kidding me.
- I'm denying the motion.
434
00:30:50,934 --> 00:30:52,728
But I'm mindful of where he's coming from.
435
00:30:52,728 --> 00:30:55,147
This day threatens to wreak
a lot of emotional havoc
436
00:30:55,147 --> 00:30:56,857
for a kid who's already had too much.
437
00:30:56,857 --> 00:30:59,359
- He's a material witness. So--
- Let me finish.
438
00:30:59,359 --> 00:31:02,529
I'd like to spare this family
any more unnecessary pain,
439
00:31:02,529 --> 00:31:04,948
whether it's unnecessary or not.
440
00:31:05,532 --> 00:31:10,579
Now, this case is murder two at best
and you know it.
441
00:31:11,079 --> 00:31:14,458
Even your own witness testified
that it was likely an unplanned killing.
442
00:31:14,458 --> 00:31:15,709
You'll never get murder one.
443
00:31:15,709 --> 00:31:18,504
And my instruction
won't help you up that hill.
444
00:31:19,796 --> 00:31:23,258
You walking free strikes me
as a bit of a stretch as well.
445
00:31:23,258 --> 00:31:25,844
{\an8}Voluntary manslaughter
seems like a good place to land.
446
00:31:25,844 --> 00:31:26,970
- Not a chance.
- No.
447
00:31:29,515 --> 00:31:31,058
You get a conviction.
448
00:31:31,058 --> 00:31:33,060
You get to resume your life
in eight years.
449
00:31:33,060 --> 00:31:35,437
- That seems like a bargain.
- I'm not accepting any conviction.
450
00:31:35,437 --> 00:31:37,856
A dismissal and an apology
is the only thing that I will accept.
451
00:31:39,316 --> 00:31:40,901
Last off-ramp, boys.
452
00:31:42,903 --> 00:31:44,905
Anybody care to blink?
453
00:31:48,325 --> 00:31:49,326
Fine.
454
00:31:50,744 --> 00:31:53,997
You'll both tread with care with the boy.
455
00:32:12,349 --> 00:32:13,350
Jay?
456
00:32:21,650 --> 00:32:22,818
Hey, sweetie.
457
00:32:24,069 --> 00:32:26,738
Hey. Hey, sweetie.
458
00:32:27,698 --> 00:32:29,116
You wanna go upstairs to bed?
459
00:32:30,492 --> 00:32:32,244
Run upstairs to bed.
460
00:33:25,005 --> 00:33:26,340
You remember when they were--
461
00:33:27,758 --> 00:33:31,136
they were little and they would sleep,
we would watch them for hours.
462
00:33:33,305 --> 00:33:34,765
Angel mode.
463
00:34:10,132 --> 00:34:11,385
Why do you stay?
464
00:34:30,696 --> 00:34:35,117
The same reason... you do.
465
00:34:53,969 --> 00:34:57,890
Michael, you and I met before,
where I extended my condolences.
466
00:34:57,890 --> 00:34:59,516
I'd like to do so again now.
467
00:34:59,516 --> 00:35:02,477
Both for the loss of your mother
but also for the trauma
468
00:35:02,477 --> 00:35:04,771
of being here in court today.
469
00:35:04,771 --> 00:35:06,648
It's a terrible thing
we're asking you to do,
470
00:35:06,648 --> 00:35:10,777
but it's because a terrible,
terrible thing happened to your mother.
471
00:35:10,777 --> 00:35:11,945
Mr. Molto.
472
00:35:11,945 --> 00:35:15,407
I'd like to direct your attention to
the night that your mother was murdered.
473
00:35:15,407 --> 00:35:17,075
Can you tell me where you were?
474
00:35:17,075 --> 00:35:18,327
I had dinner at home.
475
00:35:18,327 --> 00:35:21,455
I watched some TV or something.
Maybe played video games.
476
00:35:21,455 --> 00:35:23,457
I left the house later and went there.
477
00:35:23,457 --> 00:35:26,043
So just to be clear,
you went from the house
478
00:35:26,043 --> 00:35:28,378
where you live with your father,
Dalton Caldwell,
479
00:35:28,378 --> 00:35:31,340
and then you said you went there.
Where is there?
480
00:35:31,340 --> 00:35:32,508
To my mother's house.
481
00:35:32,508 --> 00:35:34,259
To do what?
482
00:35:34,259 --> 00:35:36,345
My mother and I didn't get along much.
483
00:35:36,345 --> 00:35:37,596
She didn't want me around.
484
00:35:38,180 --> 00:35:41,767
I was not invited.
It caused me some confusion.
485
00:35:41,767 --> 00:35:45,187
And sometimes I would just go
to the house to watch.
486
00:35:46,146 --> 00:35:46,980
Watch?
487
00:35:46,980 --> 00:35:50,234
To see the life that
she preferred that I'd not be a part of.
488
00:35:50,234 --> 00:35:53,237
Which I think I've explained
all of this to you before.
489
00:35:54,238 --> 00:35:55,906
Did you go to your mother's house a lot?
490
00:35:55,906 --> 00:35:59,660
Every now and then. I don't know.
Like, once or twice a month.
491
00:35:59,660 --> 00:36:01,703
What would you do when you were there?
492
00:36:01,703 --> 00:36:04,331
Mainly, I'd just stare at the house
from a distance in the dark
493
00:36:04,331 --> 00:36:05,791
so she wouldn't see me.
494
00:36:06,291 --> 00:36:09,586
Sometimes I would see people come in.
Mostly him.
495
00:36:09,586 --> 00:36:13,674
Note that the witness
has indicated the defendant, Rusty Sabich.
496
00:36:13,674 --> 00:36:14,716
I knew what they were doing.
497
00:36:14,716 --> 00:36:16,552
- Objection.
- Sustained.
498
00:36:16,552 --> 00:36:18,720
Just answer the questions
you're asked, Michael.
499
00:36:18,720 --> 00:36:21,473
And if at anytime
you feel like you need to take a break,
500
00:36:21,473 --> 00:36:22,891
just let me know, okay?
501
00:36:23,851 --> 00:36:25,769
- Yeah.
- Let's get to it.
502
00:36:25,769 --> 00:36:26,854
Okay.
503
00:36:28,480 --> 00:36:29,731
So you took these videos?
504
00:36:30,315 --> 00:36:31,316
Yes.
505
00:36:32,568 --> 00:36:33,902
June 16th.
506
00:36:33,902 --> 00:36:37,155
And can you read the time stamp
at the top of the video?
507
00:36:37,155 --> 00:36:39,074
Yeah. "9:49 p.m."
508
00:36:49,543 --> 00:36:53,881
And again,
was this the video you took at 9:49 p.m.,
509
00:36:53,881 --> 00:36:56,258
- the night your mother was murdered?
- Yes.
510
00:36:59,469 --> 00:37:02,222
Subsequent to your mother's death,
you texted the defendant?
511
00:37:02,806 --> 00:37:03,682
Yes.
512
00:37:03,682 --> 00:37:04,892
What did you text him?
513
00:37:04,892 --> 00:37:07,853
I texted him, "You were there. I saw you."
514
00:37:07,853 --> 00:37:09,730
I saw you what?
515
00:37:09,730 --> 00:37:11,440
At the house when I took that video.
516
00:37:12,524 --> 00:37:14,193
Did you ask to meet with the defendant?
517
00:37:14,735 --> 00:37:16,737
- Yes.
- Why did you ask to meet with him?
518
00:37:17,446 --> 00:37:22,117
Well, because I wanted to look into the
eyes of the man who murdered my mother.
519
00:37:22,117 --> 00:37:23,827
- Objection.
- Sustained.
520
00:37:25,662 --> 00:37:29,249
So after you asked for the meeting,
did you and the defendant in fact meet?
521
00:37:29,249 --> 00:37:31,543
- Yes.
- What did you talk about?
522
00:37:31,543 --> 00:37:34,588
He asked me why
I wanted to meet, and I told him
523
00:37:34,588 --> 00:37:37,341
because I wanted to look into the eyes
of the man who murdered my mother.
524
00:37:37,341 --> 00:37:38,425
Objection, Your Honor.
525
00:37:38,425 --> 00:37:42,554
Sustained.
The witness is stating his opinion only.
526
00:37:43,430 --> 00:37:45,849
Did you accuse the defendant
of murdering your mother?
527
00:37:45,849 --> 00:37:47,935
- I did.
- How did he respond?
528
00:37:49,269 --> 00:37:50,312
He denied it.
529
00:37:51,188 --> 00:37:52,523
But I could see he was lying.
530
00:37:52,523 --> 00:37:54,066
- Objection.
- Sustained.
531
00:37:54,066 --> 00:37:56,401
Michael, you can state your impressions
532
00:37:56,401 --> 00:37:58,904
but please don't offer them
as facts, okay?
533
00:37:59,988 --> 00:38:00,989
Yeah.
534
00:38:00,989 --> 00:38:04,660
Did you ever have a conversation
with your mother about the defendant?
535
00:38:04,660 --> 00:38:06,745
Like I said, we weren't very close.
536
00:38:06,745 --> 00:38:08,622
She didn't share much.
537
00:38:08,622 --> 00:38:10,707
But about two weeks before she died,
538
00:38:10,707 --> 00:38:13,794
she told me that she was having
some trouble with a man at work.
539
00:38:13,794 --> 00:38:15,754
It was my impression
540
00:38:15,754 --> 00:38:18,423
that it was the same man
she was romantically involved with.
541
00:38:18,423 --> 00:38:20,133
Did she say anything else?
542
00:38:21,218 --> 00:38:22,928
That she was becoming afraid of him.
543
00:38:22,928 --> 00:38:24,847
You have any idea who that might be?
544
00:38:24,847 --> 00:38:27,349
- Objection. Speculation.
- I'll allow it.
545
00:38:29,893 --> 00:38:32,312
My impression was it was the same man
546
00:38:32,312 --> 00:38:34,523
- I had the impression murdered her.
- Objection.
547
00:38:34,523 --> 00:38:37,150
The same man I took
pictures of the night she was killed.
548
00:38:37,150 --> 00:38:38,360
- Objection.
- Sustained.
549
00:38:38,360 --> 00:38:41,154
Only questions asked, Michael.
Please, don't volunteer.
550
00:38:43,490 --> 00:38:45,242
Thank you, Michael. That's all I have.
551
00:38:46,743 --> 00:38:47,744
Michael.
552
00:38:51,957 --> 00:38:53,834
You have a lot of impressions, don't you?
553
00:38:54,501 --> 00:38:57,087
You have an impression
that your mom was scared.
554
00:38:57,087 --> 00:39:03,093
You have an impression that it was
the man that she was sleeping with
555
00:39:03,093 --> 00:39:04,511
that she was afraid of.
556
00:39:04,511 --> 00:39:07,014
Impression.
That's a funny word, impression.
557
00:39:07,014 --> 00:39:08,974
Let's talk about that word for a minute.
558
00:39:10,767 --> 00:39:12,311
What does that word mean? It means...
559
00:39:14,354 --> 00:39:19,234
the belief or the faith
in something that is unseen,
560
00:39:20,444 --> 00:39:21,695
right?
561
00:39:27,034 --> 00:39:28,035
Counsel?
562
00:39:29,995 --> 00:39:32,331
Mr. Horgan, do you have a question?
563
00:39:37,878 --> 00:39:38,962
Ray?
564
00:39:41,924 --> 00:39:44,843
- Ray? Ray, Ray?
- I'm his wife.
565
00:40:23,173 --> 00:40:24,883
- Still no pulse.
- Again.
566
00:40:24,883 --> 00:40:26,301
Ready?
567
00:40:26,301 --> 00:40:28,720
- Three, two, one, clear.
- It's okay.