1 00:00:10,344 --> 00:00:12,513 [reporters speaking, distorted] 2 00:00:12,513 --> 00:00:14,473 [reporter 1] Was it, uh, Mr. Sabich's pattern... 3 00:00:14,473 --> 00:00:16,308 [reporter 2] As day two of the trial begins, 4 00:00:16,308 --> 00:00:18,268 the courtroom remains abuzz with anticipation. 5 00:00:18,268 --> 00:00:20,938 [reporter 3] The prosecution's strong start has set the stage 6 00:00:20,938 --> 00:00:22,147 for a riveting legal battle. 7 00:00:22,147 --> 00:00:25,067 [reporter 4] Molto's opening statement was nothing short of compelling. 8 00:00:25,067 --> 00:00:28,570 With a commanding presence and unwavering conviction, he set the stage... 9 00:00:28,570 --> 00:00:30,030 [reporter 2] ...beyond a reasonable doubt. 10 00:00:30,030 --> 00:00:33,033 [reporter 5] Tommy Molto delivered an impassioned opening statement 11 00:00:33,033 --> 00:00:35,494 that resonated with both the jury and the public. 12 00:00:35,494 --> 00:00:38,956 [reporter 3] ...going head-to-head against renowned defense attorney Raymond Horgan. 13 00:00:38,956 --> 00:00:41,291 [reporter 2] ...or will Tommy Molto's captivating opening statement 14 00:00:41,291 --> 00:00:43,502 continue to resonate, securing what appears to be 15 00:00:43,502 --> 00:00:45,921 a solid foundation for the prosecution's case? 16 00:00:47,422 --> 00:00:48,966 Oh, you're a fucking asshole! 17 00:00:50,717 --> 00:00:52,886 [Tommy] Doctor, can you describe what we're seeing here? 18 00:00:53,554 --> 00:00:56,098 [Kumagai] The blunt force wounds that resulted in the death of the victim, 19 00:00:56,098 --> 00:00:57,307 Carolyn Polhemus. 20 00:00:57,307 --> 00:01:01,353 Struck three times by a thin, heavy object resulting in laceration of the scalp, 21 00:01:01,353 --> 00:01:04,105 severe contusions, skull fractures, brain herniation. 22 00:01:04,105 --> 00:01:05,065 [Tommy] Herniation? 23 00:01:05,065 --> 00:01:07,484 Cranial pressure forced sections of her brain to shift, 24 00:01:07,484 --> 00:01:08,485 seek an exit. 25 00:01:08,485 --> 00:01:10,696 So that's her brain seeping through the fractures? 26 00:01:10,696 --> 00:01:12,823 [Kumagai] Correct. What the photos don't show 27 00:01:12,823 --> 00:01:15,033 is that it also pushed through the foramen magnum. 28 00:01:15,033 --> 00:01:17,077 That's where the spine enters the base of the skull. 29 00:01:17,077 --> 00:01:19,246 - [Tommy] And this was the cause of death? - It would have been, 30 00:01:19,246 --> 00:01:21,540 but she bled to death before the herniation could kill her. 31 00:01:21,540 --> 00:01:22,916 What was the estimated time of death? 32 00:01:22,916 --> 00:01:25,043 [Kumagai] Body temperature and stages of rigor and livor mortis 33 00:01:25,043 --> 00:01:26,920 put it between 10 p.m. and midnight. 34 00:01:26,920 --> 00:01:29,298 And the markings on her face? 35 00:01:29,298 --> 00:01:30,591 [Kumagai] They indicate a fall. 36 00:01:30,591 --> 00:01:32,217 She was struck once on the back of the head, 37 00:01:32,217 --> 00:01:33,802 falling face forward, breaking her nose, 38 00:01:33,802 --> 00:01:36,430 thus the markings under her eyes and on her cheeks. 39 00:01:36,430 --> 00:01:39,141 She was then struck two more times in the back of the skull. 40 00:01:39,141 --> 00:01:41,894 The contusion on her face occurred while she was still alive. 41 00:01:41,894 --> 00:01:43,604 The fatal blows came after. 42 00:01:43,604 --> 00:01:45,647 Is there any evidence that she tried to defend herself? 43 00:01:45,647 --> 00:01:47,733 [Kumagai] There were no conclusive defensive wounds. 44 00:01:47,733 --> 00:01:50,444 Traces of the defendant's skin were determined to be present 45 00:01:50,444 --> 00:01:52,196 under one of the victim's fingernails. 46 00:01:52,196 --> 00:01:55,490 Is it possible she scratched him as she was trying to defend herself? 47 00:01:55,490 --> 00:01:58,660 [Kumagai] It's possible. More likely, she never saw it coming. 48 00:01:58,660 --> 00:02:00,579 [Tommy] And you stated that the blow didn't kill her, 49 00:02:00,579 --> 00:02:03,457 - that she lay there, bleeding out? - [Kumagai] Yes, sir. 50 00:02:03,457 --> 00:02:05,000 - She suffered. - [Raymond] Leading. 51 00:02:05,000 --> 00:02:07,419 - Did she suffer? - I cannot conclude that. 52 00:02:07,419 --> 00:02:10,297 She was most likely unconscious from the blows to the skull. 53 00:02:10,297 --> 00:02:13,800 Can you rule out that she was conscious, that she suffered? 54 00:02:14,301 --> 00:02:15,844 [Kumagai] I cannot rule that out, no. 55 00:02:15,844 --> 00:02:17,429 [Tommy] Doctor, do you have any other findings 56 00:02:17,429 --> 00:02:18,722 in regard to Ms. Polhemus? 57 00:02:18,722 --> 00:02:22,726 Yes. She was six weeks pregnant at the time she was killed. 58 00:02:23,727 --> 00:02:25,395 [Tommy] Your Honor, at this time, 59 00:02:25,395 --> 00:02:28,524 I would enter the parties' joint stipulation as to the DNA analysis, 60 00:02:28,524 --> 00:02:31,860 which confirms the defendant's paternity. 61 00:02:31,860 --> 00:02:33,070 [Laryn] So noted. 62 00:02:33,070 --> 00:02:35,072 So the defendant impregnated the victim? 63 00:02:35,072 --> 00:02:36,448 [Kumagai] Yes, he did. 64 00:02:38,575 --> 00:02:39,576 [Tommy] That's all I have. 65 00:02:40,577 --> 00:02:41,411 [Laryn] Mr. Horgan. 66 00:02:41,411 --> 00:02:44,456 Uh, the defense will not be challenging this witness, Your Honor. 67 00:02:44,456 --> 00:02:47,167 - Dr. Kumagai-- - Actually, I'm old and I... 68 00:02:47,167 --> 00:02:50,254 [chuckles] ...better make sure that I didn't miss anything. 69 00:02:50,254 --> 00:02:52,756 You said, "A thin, heavy object." 70 00:02:52,756 --> 00:02:53,841 As I understand it, 71 00:02:53,841 --> 00:02:58,929 you make no findings as to who swung this thin, heavy object. 72 00:02:58,929 --> 00:03:01,557 - In fact, they don't even suggest it. - [Kumagai] Correct. 73 00:03:01,557 --> 00:03:03,392 [Raymond] You make no medical determinations 74 00:03:03,392 --> 00:03:05,686 as to who killed Carolyn Polhemus. 75 00:03:05,686 --> 00:03:07,688 I can only state with an absolute certainty 76 00:03:07,688 --> 00:03:09,231 that this was a homicide. 77 00:03:09,231 --> 00:03:10,566 [Raymond] Uh-huh. 78 00:03:11,108 --> 00:03:17,197 And no thin, heavy object or murder weapon of any kind has been recovered? 79 00:03:17,197 --> 00:03:18,282 Correct. 80 00:03:18,782 --> 00:03:19,783 Thank you. 81 00:03:23,537 --> 00:03:24,872 Mr. Molto. Redirect? 82 00:03:25,372 --> 00:03:26,248 Do not. 83 00:03:27,416 --> 00:03:31,128 - We got what we needed. Move-- [stammers] - Doctor, after you completed the autopsy, 84 00:03:31,128 --> 00:03:33,005 did you have chance to encounter the defendant? 85 00:03:33,005 --> 00:03:36,592 Yes, he came to our office and aggressively demanded to see the body. 86 00:03:36,592 --> 00:03:40,012 Is that typical, for a district attorney to show up like that? 87 00:03:40,012 --> 00:03:42,306 It's been known to happen, but it's certainly not routine. 88 00:03:42,306 --> 00:03:46,643 Did Mr. Sabich have a pattern of showing up to view victims? 89 00:03:46,643 --> 00:03:49,271 - [Kumagai] No. - Did Mr. Sabich ever show up 90 00:03:49,271 --> 00:03:52,482 - to personally view a homicide victim? - [Kumagai] Never. 91 00:03:52,482 --> 00:03:54,735 [Tommy] But he showed up on this day. What was his demeanor? 92 00:03:54,735 --> 00:03:58,780 - He was agitated, erratic, even scared. - [Tommy] Scared? 93 00:03:58,780 --> 00:04:00,115 Which I didn't understand then. 94 00:04:00,115 --> 00:04:01,408 But you do now? 95 00:04:01,408 --> 00:04:04,786 My sense, he didn't want to just know my findings, 96 00:04:04,786 --> 00:04:06,705 it was as if he was scared of them. 97 00:04:07,581 --> 00:04:09,166 There was something off about him. 98 00:04:11,502 --> 00:04:12,503 That's all I have. 99 00:04:13,420 --> 00:04:18,841 Doctor, do you have any psychological foundation to render behavioral diagnosis 100 00:04:18,841 --> 00:04:21,887 when it comes to agitation, fright or... 101 00:04:22,971 --> 00:04:24,056 "off"? 102 00:04:24,056 --> 00:04:25,849 I have a history with the defendant, 103 00:04:25,849 --> 00:04:29,144 one that allows me to form lay opinions based on his behavior, 104 00:04:29,144 --> 00:04:31,146 and he was acting out of the ordinary. 105 00:04:31,146 --> 00:04:33,106 You have a history with him. Are you two friends? 106 00:04:33,106 --> 00:04:34,316 [Kumagai] Colleagues, not friends. 107 00:04:34,316 --> 00:04:37,611 Not friends. In fact, you consider my client to be an asshole. 108 00:04:37,611 --> 00:04:40,405 - Objection. - [Raymond] Offered to show bias. 109 00:04:41,573 --> 00:04:42,574 I'll allow it. 110 00:04:45,202 --> 00:04:48,622 Uh, things get heated sometimes, and I do regret calling him that. 111 00:04:48,622 --> 00:04:51,333 You don't have any bias, say, against district attorneys? 112 00:04:51,917 --> 00:04:53,669 [Kumagai] Of course not. That's preposterous. 113 00:04:53,669 --> 00:04:55,462 - You ever call me an asshole? - Objection. 114 00:04:55,462 --> 00:04:57,589 Your Honor, if there is prejudice at play here-- 115 00:04:57,589 --> 00:04:58,966 Short leash. 116 00:04:59,675 --> 00:05:00,509 Doctor. 117 00:05:01,426 --> 00:05:04,096 Uh, you and I have gotten into it a few times as well. 118 00:05:04,096 --> 00:05:05,764 I mean, it happens in our line of work. 119 00:05:05,764 --> 00:05:08,600 It is a very contentious, high-pressure process 120 00:05:08,600 --> 00:05:10,978 and sometimes we decompress by blowing off some steam. 121 00:05:10,978 --> 00:05:14,606 But I certainly do not have a bias against prosecutors, 122 00:05:14,606 --> 00:05:16,733 and I take extreme offense to that. 123 00:05:16,733 --> 00:05:18,777 Did you ever call Tommy Molto an asshole? 124 00:05:18,777 --> 00:05:20,362 - Objection. - No more than you. 125 00:05:20,362 --> 00:05:21,446 [Laryn] Dr. Kumagai. 126 00:05:21,446 --> 00:05:23,031 [Kumagai] Maybe this is why you didn't get reelected. 127 00:05:23,031 --> 00:05:24,533 - Doctor. - [Kumagai] Don't quit your day job. 128 00:05:24,533 --> 00:05:25,868 Oh, no, that's right. You got fired, 129 00:05:25,868 --> 00:05:27,327 - right? Yeah. - [Laryn] Dr. Kumagai. 130 00:05:27,327 --> 00:05:29,454 [officer] We've got to go. Head down. 131 00:05:29,454 --> 00:05:32,332 - [reporters clamoring] - [shutters clicking] 132 00:05:34,960 --> 00:05:36,461 [officer 2] Copy. He's in the car. 133 00:05:40,465 --> 00:05:43,760 [clamoring continues] 134 00:05:48,891 --> 00:05:52,436 [Nico] We had what we needed. We had it, but you couldn't let it sit. 135 00:05:53,020 --> 00:05:55,772 That's what I said-- I told you. Just get Kumagai up there, 136 00:05:55,772 --> 00:05:58,650 and, uh, get him to establish the time and cause of death 137 00:05:58,650 --> 00:06:00,569 and the paternity of the baby. 138 00:06:00,569 --> 00:06:02,905 Ah, but you couldn't just leave it there. 139 00:06:02,905 --> 00:06:07,409 And now we have an ME that comes across as an aggrieved, 140 00:06:07,409 --> 00:06:10,412 - grudge-bearing "dis-grunt." - It was important testimony. 141 00:06:10,412 --> 00:06:13,665 The Rusty Sabich that everyone knows and loves wouldn't have done this, 142 00:06:13,665 --> 00:06:16,335 so we have to establish wherever and whenever possible 143 00:06:16,335 --> 00:06:19,129 that at some point he stopped being that Rusty Sabich. 144 00:06:19,129 --> 00:06:20,172 It was a net win. 145 00:06:20,172 --> 00:06:23,217 I'm gonna call this a net fucking loss. 146 00:06:23,217 --> 00:06:25,886 It's a circumstantial case that's gonna be built on bits and pieces, 147 00:06:25,886 --> 00:06:28,430 the tiniest and smallest of increments. 148 00:06:28,430 --> 00:06:30,516 Kumagai is just the first piece. 149 00:06:31,099 --> 00:06:33,477 Rusty Sabich was unhinged, other. 150 00:06:35,896 --> 00:06:39,608 The skin under Carolyn's fingernail wasn't in the initial report. 151 00:06:40,734 --> 00:06:42,110 FSC is backlogged. 152 00:06:43,570 --> 00:06:46,448 Kumagai just took a little longer with that part of the analysis. 153 00:06:49,493 --> 00:06:53,038 The forensic pathologist, he figures to be a lot tougher. 154 00:06:53,038 --> 00:06:54,456 Jeremy Buck. 155 00:06:54,456 --> 00:06:58,168 He's probably the best. He was always my go-to. Yours too, Rusty. 156 00:06:58,168 --> 00:07:00,045 He's as precise as he is graphic, 157 00:07:00,045 --> 00:07:04,299 so we think it's best if neither of you actually look at the photographs. 158 00:07:04,299 --> 00:07:09,179 Just straight forward, neutral, numb. Okay? 159 00:07:11,056 --> 00:07:13,308 Can we talk about body language for a sec? 160 00:07:13,308 --> 00:07:14,476 What about it? 161 00:07:14,476 --> 00:07:17,187 [Raymond] Well... [sighs] ...we didn't love what we saw today. 162 00:07:17,187 --> 00:07:18,939 You guys need to look together. 163 00:07:18,939 --> 00:07:21,400 The jury's going to be taking cues from you, 164 00:07:21,400 --> 00:07:25,279 and they need to see "I love him. I believe in him" at every turn. 165 00:07:25,779 --> 00:07:28,782 [Raymond] And if the media, they swarm again like they did today, 166 00:07:28,782 --> 00:07:32,870 maybe, Rusty, you could put your arm around Barbara and shield her. 167 00:07:35,622 --> 00:07:36,623 Barbara? 168 00:07:39,126 --> 00:07:40,252 So... 169 00:07:42,254 --> 00:07:44,464 we want the jury to believe that he's my protector. 170 00:07:46,008 --> 00:07:48,969 Yeah, in a sense. In that situation. 171 00:07:51,138 --> 00:07:52,139 Raymond, I... 172 00:07:54,808 --> 00:07:56,435 can't claim to know your job, 173 00:07:57,144 --> 00:07:59,313 but I think insulting the jury's intelligence 174 00:07:59,313 --> 00:08:00,898 is not the best path. 175 00:08:02,482 --> 00:08:05,903 What they're likely to see on my face is going to be shock. 176 00:08:06,653 --> 00:08:08,697 My husband's on trial for a gruesome murder. 177 00:08:08,697 --> 00:08:11,074 How could I be anything else but fucking shocked? 178 00:08:19,124 --> 00:08:21,126 Trials often come down to storytelling. 179 00:08:22,544 --> 00:08:23,962 Best version wins. 180 00:08:24,546 --> 00:08:26,757 And you are part of our story here, 181 00:08:26,757 --> 00:08:29,301 and your fury isn't going to carry the day. 182 00:08:38,769 --> 00:08:41,230 It is very difficult for me to be in that room, 183 00:08:41,855 --> 00:08:44,900 to have to bear witness to all the things that are gonna be said, 184 00:08:44,900 --> 00:08:46,527 all the images depicted. 185 00:08:50,280 --> 00:08:51,990 That I am there at all... 186 00:08:54,868 --> 00:08:58,789 that tells the jury that I believe in my husband's innocence. 187 00:09:00,290 --> 00:09:01,959 I need to be credible. 188 00:09:02,459 --> 00:09:05,212 But for me to be credible, I need to be truthful. 189 00:09:07,005 --> 00:09:09,049 And that is what I will be in that room. 190 00:09:10,759 --> 00:09:14,888 I will let them see my truth. 191 00:09:16,723 --> 00:09:18,892 That I am horrified, that I am... 192 00:09:20,310 --> 00:09:21,520 sickened, 193 00:09:22,604 --> 00:09:25,065 that I am repulsed by such depravity, 194 00:09:26,984 --> 00:09:30,529 that I am offended by the mere notion that the father of my children could be... 195 00:09:32,072 --> 00:09:34,157 responsible for such depravity. 196 00:09:38,120 --> 00:09:40,914 This is the darkest hour of my fucking life. 197 00:09:43,542 --> 00:09:45,586 I will not pretend otherwise. 198 00:09:50,299 --> 00:09:52,217 Not for you two. Not for that jury. 199 00:10:01,435 --> 00:10:03,187 [reporters clamoring] 200 00:10:03,187 --> 00:10:06,273 [shutters clicking] 201 00:10:17,701 --> 00:10:22,414 [pathologist] We found skin cells under the fingernails of her right hand, 202 00:10:22,414 --> 00:10:24,708 a DNA match for the defendant. 203 00:10:24,708 --> 00:10:28,378 We also found traces of saliva on the victim's face 204 00:10:28,378 --> 00:10:31,798 and on the collar of the shirt she had been wearing. 205 00:10:31,798 --> 00:10:33,800 DNA match for the defendant. 206 00:10:33,800 --> 00:10:39,306 Curiously, we found no DNA whatsoever on the rope used to bind the body. 207 00:10:39,306 --> 00:10:40,933 Why do you say "curiously"? 208 00:10:40,933 --> 00:10:42,434 It was fastidious. 209 00:10:43,018 --> 00:10:46,563 The perpetrator was careful not to leave any evidence. 210 00:10:46,563 --> 00:10:51,068 It's rare to find a scene so bloody and messy, 211 00:10:51,652 --> 00:10:56,156 yet so sterile from an evidentiary standpoint. 212 00:10:56,156 --> 00:10:57,574 [Tommy] What does that tell you? 213 00:10:57,574 --> 00:11:02,204 That great pains were taken to clean up, to cover up. 214 00:11:02,204 --> 00:11:05,874 [Tommy] Based on your nearly 20 years as a forensic pathologist, 215 00:11:05,874 --> 00:11:07,751 what is your opinion about what happened? 216 00:11:07,751 --> 00:11:13,215 My opinion is we had a sudden act of murderous rage-- 217 00:11:13,215 --> 00:11:14,216 unplanned-- 218 00:11:14,216 --> 00:11:17,094 followed by a very meticulous, 219 00:11:17,094 --> 00:11:20,681 methodical, postmortem act of tying her up. 220 00:11:20,681 --> 00:11:22,516 [Tommy] That's all I have. Thank you. 221 00:11:22,516 --> 00:11:25,269 Have you ever seen a body tied up like this before? 222 00:11:25,269 --> 00:11:30,399 I had a homicide case several years ago where the body was bound up 223 00:11:30,399 --> 00:11:33,026 in an eerily similar fashion, yes. 224 00:11:33,026 --> 00:11:37,698 And who was the district attorney in charge of prosecuting that homicide? 225 00:11:37,698 --> 00:11:41,201 {\an8}There were two, Carolyn Polhemus and Rusty Sabich. 226 00:11:41,201 --> 00:11:44,496 {\an8}And the killer in that case, his name is Liam Reynolds. 227 00:11:46,540 --> 00:11:48,333 - He was convicted. - [pathologist] Correct. 228 00:11:48,333 --> 00:11:50,085 [Raymond] Convicted by the prosecutors 229 00:11:50,085 --> 00:11:52,671 {\an8}- Carolyn Polhemus and Rusty Sabich. - [pathologist] Correct. 230 00:11:52,671 --> 00:11:56,884 {\an8}And upon being convicted by Carolyn Polhemus and Rusty Sabich, 231 00:11:56,884 --> 00:11:58,677 {\an8}he threatened to get even with them. 232 00:11:58,677 --> 00:12:00,512 {\an8}- Are you aware of this? - [pathologist] I am. 233 00:12:00,512 --> 00:12:05,058 {\an8}[Raymond] Now, I am no expert on the science of getting even, but I suspect 234 00:12:05,058 --> 00:12:07,352 - killing one while framing the other... - Objection. 235 00:12:07,352 --> 00:12:09,897 - ...would be very-- - Sustained. Bring it up here right now. 236 00:12:20,574 --> 00:12:21,491 We discussed this. 237 00:12:21,491 --> 00:12:23,702 This office never really investigated Mr. Reynolds-- 238 00:12:23,702 --> 00:12:25,370 They never investigated me, far as I know. 239 00:12:25,370 --> 00:12:27,331 Their burden isn't to investigate everyone. 240 00:12:27,331 --> 00:12:30,000 - They have no duty to prove a negative. - He made a public threat 241 00:12:30,000 --> 00:12:32,169 - to Carolyn and Rusty. - Yes, he made a threat... 242 00:12:32,169 --> 00:12:34,213 - I thought it important the jury know. - ...an empty one. 243 00:12:34,213 --> 00:12:36,173 - Why I should not have this... - One you will not be milking. 244 00:12:36,173 --> 00:12:37,424 ...entered into the record. 245 00:12:37,424 --> 00:12:40,093 Give me something tangible and I'll let you explore it. 246 00:12:41,512 --> 00:12:44,515 Otherwise, none of your nonsense. Now step back. 247 00:12:54,650 --> 00:12:59,571 Mr. Buck, you've been made aware that my client and the deceased 248 00:12:59,571 --> 00:13:01,782 - were romantically intimate. - [Mr. Buck] Yes. 249 00:13:01,782 --> 00:13:05,077 [Raymond] And when you say, "skin was found under her fingernails," 250 00:13:05,077 --> 00:13:09,039 do you mean actual skin, as in pieces of skin, 251 00:13:09,039 --> 00:13:10,791 like he'd been scratched? 252 00:13:10,791 --> 00:13:14,962 No, not visible pieces of skin. Cells. 253 00:13:14,962 --> 00:13:18,090 If I scratched my face like this, 254 00:13:18,090 --> 00:13:20,592 one might find skin cells under my nails? 255 00:13:21,260 --> 00:13:22,427 It's possible. 256 00:13:22,427 --> 00:13:26,431 So, if Rusty Sabich kissed Carolyn Polhemus, and while kissing, 257 00:13:26,431 --> 00:13:32,354 Carolyn happened to run her fingernails along his neck or on his back, 258 00:13:32,354 --> 00:13:36,859 could that not account for the traces of his saliva found on her 259 00:13:36,859 --> 00:13:40,904 and the DNA found under her fingernails? Is that not possible? 260 00:13:42,614 --> 00:13:43,699 I suppose. 261 00:13:43,699 --> 00:13:46,577 [Raymond] So the DNA you say suggests he killed her, 262 00:13:47,160 --> 00:13:52,249 it could just as easily say and suggest he kissed her. 263 00:13:52,249 --> 00:13:54,877 [spectators whispering] 264 00:14:00,299 --> 00:14:02,134 You do get the distinction? 265 00:14:08,599 --> 00:14:09,725 [keys jingle] 266 00:14:10,225 --> 00:14:11,435 [door closes] 267 00:14:24,281 --> 00:14:26,533 [mumbling] 268 00:14:37,794 --> 00:14:39,338 [sighs] 269 00:14:56,855 --> 00:14:58,649 You gotta go. [sighs] 270 00:15:32,558 --> 00:15:35,811 Were you aware that the defendant and Ms. Polhemus were having an affair? 271 00:15:35,811 --> 00:15:38,105 - [Eugenia] I became aware, yes. - How'd you become aware? 272 00:15:38,689 --> 00:15:42,317 Well, I had, um, various reasons to suspect. 273 00:15:42,317 --> 00:15:45,112 Um, as for when I actually knew... [stammers] 274 00:15:46,363 --> 00:15:48,532 ...I needed to drop a file off in Rusty's office. 275 00:15:48,532 --> 00:15:51,034 It was late. I thought he was gone. He wasn't. 276 00:15:51,034 --> 00:15:53,579 I walked inside. He was kissing Carolyn. Um... 277 00:15:56,123 --> 00:15:57,082 [Rusty] Yeah? 278 00:15:57,082 --> 00:16:01,044 - Uh, I got the, um, Roberts case. - Yeah. 279 00:16:01,044 --> 00:16:02,129 - Yeah, yeah. - Yep. 280 00:16:03,213 --> 00:16:05,424 - Thanks. Yeah. - There you go. I will see you tomorrow. 281 00:16:05,424 --> 00:16:08,051 I bolted and, uh, she followed me. 282 00:16:08,051 --> 00:16:13,724 And, um, it was incredibly embarrassing and I-- I left. 283 00:16:13,724 --> 00:16:15,684 - [Tommy] When was this? - [Eugenia] Last February. 284 00:16:15,684 --> 00:16:17,769 [Tommy] Were there any other incidences that you observed? 285 00:16:17,769 --> 00:16:20,230 [Eugenia] Not overtly sexual, just office gossip. 286 00:16:20,230 --> 00:16:24,651 But, um, I mean, sure, there were undercurrents. 287 00:16:25,986 --> 00:16:27,029 Such as? 288 00:16:27,029 --> 00:16:31,575 Uh, one time in the, um, underground parking lot, I saw them. 289 00:16:31,575 --> 00:16:34,661 They were-- I-I think, I don't know-- I think they were arguing. 290 00:16:34,661 --> 00:16:37,998 - [Rusty] ...together. I don't know. What? - [Carolyn] Stay away. 291 00:16:37,998 --> 00:16:40,542 [Rusty] But all I'm doing is asking you a question. So if you can just-- 292 00:16:40,542 --> 00:16:42,044 That's it. Fuck's sake. 293 00:16:42,044 --> 00:16:44,755 [Eugenia] Uh, she was in her car, he was banging on her window, 294 00:16:44,755 --> 00:16:45,714 and she sped off. 295 00:16:45,714 --> 00:16:47,090 [Rusty] Fuck. 296 00:16:47,090 --> 00:16:49,927 [Tommy] Did you have the opportunity to discuss any of this with Mr. Sabich? 297 00:16:49,927 --> 00:16:51,220 I did. [clears throat] 298 00:16:51,803 --> 00:16:53,639 Mm-hmm. What'd you say? 299 00:16:53,639 --> 00:16:56,600 Uh... [exhales deeply] ...I told him that I-- 300 00:16:56,600 --> 00:17:01,355 that I was worried that he was, um, I don't know, losing himself. 301 00:17:01,355 --> 00:17:03,941 - Losing himself? - [Eugenia] To her. 302 00:17:04,525 --> 00:17:08,945 He, um, was becoming a little undone, 303 00:17:09,695 --> 00:17:10,696 obsessive. 304 00:17:14,201 --> 00:17:18,664 You didn't approve of this relationship between Mr. Sabich and Ms. Polhemus? 305 00:17:18,664 --> 00:17:20,165 - You didn't approve? - No, I didn't. 306 00:17:20,165 --> 00:17:23,042 And you didn't really approve of Carolyn Polhemus, did you? 307 00:17:23,042 --> 00:17:26,380 It's not about that. It was unprofessional. 308 00:17:27,089 --> 00:17:29,258 You didn't like Carolyn, did you? 309 00:17:29,258 --> 00:17:30,801 No, I didn't. 310 00:17:30,801 --> 00:17:35,556 [Mya] Did you ever report your concerns about it being unprofessional to HR? 311 00:17:35,556 --> 00:17:37,432 I did not, no. 312 00:17:40,227 --> 00:17:43,939 And to your knowledge, Ms. Polhemus never made a complaint to HR 313 00:17:43,939 --> 00:17:45,190 about Mr. Sabich? 314 00:17:45,190 --> 00:17:46,233 That's correct. 315 00:17:46,733 --> 00:17:51,488 To your knowledge, did she ever make a complaint to HR about anyone? 316 00:17:52,823 --> 00:17:53,824 Yes. 317 00:17:55,325 --> 00:17:56,201 Who? 318 00:17:58,370 --> 00:17:59,538 Tommy Molto. 319 00:17:59,538 --> 00:18:01,874 [spectators murmuring] 320 00:18:16,930 --> 00:18:17,931 Yeah. 321 00:18:21,101 --> 00:18:25,147 Do you have any knowledge of me acting unprofessionally or untoward 322 00:18:25,147 --> 00:18:26,899 with respect to Ms. Polhemus? 323 00:18:26,899 --> 00:18:28,984 I have no actual knowledge, no. 324 00:18:28,984 --> 00:18:31,111 And do you have any knowledge about the complaint 325 00:18:31,111 --> 00:18:32,487 that was filed at human resources? 326 00:18:32,487 --> 00:18:35,824 All I know is that she didn't want to work on any cases with you. 327 00:18:35,824 --> 00:18:38,827 She said that you gave her ick. 328 00:18:39,328 --> 00:18:41,038 [spectators murmuring] 329 00:18:43,624 --> 00:18:49,046 Okay. Did you ever witness me acting unprofessionally toward the victim? 330 00:18:49,046 --> 00:18:50,214 Not really. 331 00:18:50,214 --> 00:18:52,549 [Tommy] How about Rusty Sabich? 332 00:19:00,390 --> 00:19:05,687 Yes. The defendant seemed obsessed, losing himself to her. 333 00:19:05,687 --> 00:19:07,272 That's your testimony? 334 00:19:07,272 --> 00:19:08,649 That is my testimony. 335 00:19:11,235 --> 00:19:12,653 Thank you so much. 336 00:19:29,378 --> 00:19:31,797 [purring] 337 00:19:32,506 --> 00:19:33,590 Mmm. Aw. 338 00:19:34,633 --> 00:19:35,968 Hey. 339 00:19:37,636 --> 00:19:38,720 It's okay. 340 00:19:42,391 --> 00:19:44,977 I almost feel sorry for him, Tommy. 341 00:19:45,644 --> 00:19:47,646 [Raymond] Mmm. Mmm. 342 00:19:48,647 --> 00:19:50,482 - I almost did too... - [chuckles] 343 00:19:50,482 --> 00:19:54,361 ...but then I remembered he's a fucking cockroach. 344 00:19:54,361 --> 00:19:57,614 You can't squish him. He keeps coming back. 345 00:19:59,366 --> 00:20:03,203 And he's made his points. 346 00:20:03,787 --> 00:20:05,038 You're worried. 347 00:20:05,038 --> 00:20:09,501 Well, if the jury-- they-- [sighs] sticks with the burden of proof, 348 00:20:09,501 --> 00:20:11,879 I like where we are, but... [sighs] 349 00:20:12,880 --> 00:20:17,467 ...if they need someone to pin this on, it'll be Rusty. 350 00:20:33,150 --> 00:20:33,984 [Jaden sniffs] 351 00:20:36,320 --> 00:20:37,196 You okay? 352 00:20:37,196 --> 00:20:40,240 Mmm. You okay? 353 00:20:40,824 --> 00:20:44,578 [breathes deeply] 354 00:20:53,712 --> 00:20:54,713 In my psych class, 355 00:20:54,713 --> 00:20:58,175 we've been reading some stuff about trauma and disassociation. 356 00:20:58,759 --> 00:21:02,054 How the brain can protect people from themselves. 357 00:21:02,054 --> 00:21:03,639 Like an involuntary... 358 00:21:05,933 --> 00:21:08,310 detachment from reality. 359 00:21:10,187 --> 00:21:11,230 You ever feel that? 360 00:21:13,857 --> 00:21:14,858 How do you mean? 361 00:21:18,111 --> 00:21:19,112 Just... 362 00:21:25,077 --> 00:21:27,496 People can disassociate from their memories. 363 00:21:29,831 --> 00:21:30,832 If it's... 364 00:21:33,001 --> 00:21:35,879 If they do something that they can't reconcile with or... 365 00:21:37,923 --> 00:21:40,050 what they perceive themselves to be... 366 00:21:42,970 --> 00:21:44,888 it can cause a disassociation. 367 00:21:44,888 --> 00:21:46,265 My memory is fine. 368 00:22:01,238 --> 00:22:02,322 [treadmill beeps] 369 00:22:18,005 --> 00:22:20,424 [footsteps approaching] 370 00:22:22,384 --> 00:22:23,385 [exhales heavily] 371 00:22:28,140 --> 00:22:32,144 [panting, grunting] 372 00:22:42,196 --> 00:22:43,906 Rusty, I need to talk to you. 373 00:22:46,491 --> 00:22:47,492 [clears throat] 374 00:22:51,788 --> 00:22:52,915 Okay. 375 00:22:54,458 --> 00:22:58,128 So a-- a couple of months ago, um... 376 00:22:59,880 --> 00:23:03,884 uh, around the time I got fired from the gallery, 377 00:23:04,635 --> 00:23:09,473 I started going to a bar in the day. [chuckles] 378 00:23:10,390 --> 00:23:11,391 [clears throat] 379 00:23:12,142 --> 00:23:13,477 And, um... 380 00:23:14,853 --> 00:23:18,106 the bar had a bartender and he... 381 00:23:19,525 --> 00:23:21,360 had a PhD in art. 382 00:23:21,360 --> 00:23:23,862 And so we got talking and, um... 383 00:23:25,781 --> 00:23:29,701 [smacks lips] ...we actually really connected, and... 384 00:23:32,996 --> 00:23:36,458 we kissed. I kissed him. 385 00:23:41,505 --> 00:23:43,090 But that was all that happened. 386 00:23:49,179 --> 00:23:50,180 [Rusty clears throat] 387 00:24:03,443 --> 00:24:04,570 [clears throat] 388 00:24:06,405 --> 00:24:07,739 - [breathes heavily] - [Barbara sighs] 389 00:24:21,962 --> 00:24:25,632 It was-- It was-- It was just a distraction. It was... 390 00:24:27,509 --> 00:24:29,678 It was just a kiss. [sighs] 391 00:24:30,971 --> 00:24:32,139 Where did it happen? 392 00:24:34,516 --> 00:24:36,101 Um, at his apartment. 393 00:24:38,478 --> 00:24:41,023 - I wanted to see his art. - At his apartment? 394 00:24:42,608 --> 00:24:44,568 - That's all. - You wanted to see his-- 395 00:24:45,194 --> 00:24:46,653 piece of his art? [chuckles] 396 00:24:46,653 --> 00:24:48,739 - Don't, Rusty. - [chuckling] 397 00:24:59,875 --> 00:25:00,709 [Barbara sighs] 398 00:25:00,709 --> 00:25:02,419 - Did you fuck him? - No. 399 00:25:04,505 --> 00:25:05,589 No. 400 00:25:10,302 --> 00:25:12,012 Why are you telling me this now? 401 00:25:13,680 --> 00:25:16,934 [stammers] I-I want to be honest with you. 402 00:25:20,395 --> 00:25:23,607 I thought we were being honest with each other. 403 00:25:23,607 --> 00:25:27,486 I'm on trial... for my life. 404 00:25:29,613 --> 00:25:30,614 Honest? 405 00:25:33,450 --> 00:25:34,535 I know. 406 00:25:35,452 --> 00:25:38,121 You come in every day and you grind me. 407 00:25:38,705 --> 00:25:40,040 You grind me. 408 00:25:40,040 --> 00:25:42,668 "What happened here?" "What happened there?" 409 00:25:42,668 --> 00:25:44,545 "Why didn't you tell me this about you and her?" 410 00:25:45,128 --> 00:25:46,839 Question after question. 411 00:25:47,422 --> 00:25:50,467 And when I tell you, "I'm just trying to be honest, 412 00:25:50,467 --> 00:25:52,553 I'm just trying to... [breathes shakily] 413 00:25:52,553 --> 00:25:54,388 ...tell you what happened the best I can remember it. 414 00:25:54,388 --> 00:25:57,724 I-- I can't give you the reasoning all the time," 415 00:25:58,350 --> 00:26:01,687 you just-- You just grind me over and over again. 416 00:26:01,687 --> 00:26:03,188 - That is not fair. - Over. 417 00:26:03,188 --> 00:26:07,276 It's not fair? It's not fair, Barbara? What's fair? 418 00:26:07,276 --> 00:26:08,652 What's fair now? 419 00:26:08,652 --> 00:26:09,987 How does it feel? 420 00:26:10,487 --> 00:26:11,488 What? 421 00:26:11,488 --> 00:26:14,575 How's it feel? To make a fucking mistake? 422 00:26:15,450 --> 00:26:16,535 Fuck's sake. 423 00:26:17,661 --> 00:26:21,081 - Fuck you, Rusty. - Fuck me? Fuck me? 424 00:26:27,588 --> 00:26:31,049 [breathing shakily, stammering] 425 00:26:48,984 --> 00:26:50,277 [sighs] 426 00:27:58,136 --> 00:28:00,639 - [Kyle] I'm out. - [Barbara] Are my keys in the kitchen? 427 00:28:04,852 --> 00:28:06,103 Can you clean your bowls, please? 428 00:28:06,103 --> 00:28:07,312 - I will. - They're right here. 429 00:28:07,312 --> 00:28:10,023 - Don't forget your geometry homework. - [Kyle] It's in my bag. 430 00:28:10,023 --> 00:28:12,985 - Are you coming? - No, I'm meeting Lorraine. 431 00:28:12,985 --> 00:28:14,319 - And I'm late. - Barbara? 432 00:28:16,405 --> 00:28:17,990 [Barbara] Kyle, you got your lunch? 433 00:28:17,990 --> 00:28:19,074 [Kyle] Yeah. 434 00:28:20,117 --> 00:28:22,536 [door opens, creaks] 435 00:28:23,954 --> 00:28:24,955 [door closes] 436 00:28:34,506 --> 00:28:37,342 I could go. I'm a good seat filler. 437 00:28:39,636 --> 00:28:44,308 Oh, honey. No, that's all right. I'm-- I'm-- I'm okay. Really, I'm good. 438 00:28:55,235 --> 00:28:57,362 I'm sorry if I upset you last night. 439 00:29:25,057 --> 00:29:27,309 [Lorraine] Now, why would you tell him? 440 00:29:27,309 --> 00:29:30,062 - I don't know, Lorraine. [sighs] - That was a terrible idea. 441 00:29:30,062 --> 00:29:31,146 I know. 442 00:29:32,397 --> 00:29:34,983 It's just that lately we've-- [sighs] 443 00:29:36,109 --> 00:29:37,236 I thought-- 444 00:29:38,612 --> 00:29:41,198 I felt we were connecting again. 445 00:29:41,198 --> 00:29:42,449 - I felt... - Uh-huh. 446 00:29:44,076 --> 00:29:45,619 ...close and safe. 447 00:29:45,619 --> 00:29:47,329 - And... - Okay. 448 00:29:47,329 --> 00:29:52,084 [sighs] ...the whole Clifton thing just suddenly felt so oppressive 449 00:29:52,084 --> 00:29:55,754 and... [inhales deeply] ...I needed-- I just-- 450 00:29:55,754 --> 00:29:57,422 - [sighs] - Blurted it out. 451 00:29:59,383 --> 00:30:00,384 Yeah. 452 00:30:00,384 --> 00:30:02,219 And it didn't go well? 453 00:30:06,181 --> 00:30:07,182 No. 454 00:30:08,559 --> 00:30:11,603 Which is why you are not going to court alone anymore. 455 00:30:11,603 --> 00:30:13,230 I will be there next to you. 456 00:30:13,230 --> 00:30:15,607 I'll go back, just not today. 457 00:30:17,025 --> 00:30:22,531 Today, they've got all the stuff they pulled from his computer and hers. 458 00:30:22,531 --> 00:30:23,574 - [scoffs] - Yeah. 459 00:30:23,574 --> 00:30:28,328 I don't think I can sit through that, listening to all his declarations of love... 460 00:30:28,328 --> 00:30:30,581 - Oh, God. - ...et cetera, et cetera. 461 00:30:31,707 --> 00:30:34,918 You know, the night she was killed, he texted her 30 times? 462 00:30:35,711 --> 00:30:36,712 Oh, my God. 463 00:30:37,337 --> 00:30:40,132 Honestly, I think it's the most damning part of the whole case. 464 00:30:40,132 --> 00:30:41,383 Thirty times? 465 00:30:44,261 --> 00:30:46,638 And the father has just filed for a protective order, 466 00:30:46,638 --> 00:30:48,682 trying to prevent his son from testifying. 467 00:30:48,682 --> 00:30:50,934 - [Nico] You gotta be kidding me. - I'm denying the motion. 468 00:30:50,934 --> 00:30:52,728 But I'm mindful of where he's coming from. 469 00:30:52,728 --> 00:30:55,147 This day threatens to wreak a lot of emotional havoc 470 00:30:55,147 --> 00:30:56,857 for a kid who's already had too much. 471 00:30:56,857 --> 00:30:59,359 - [Nico] He's a material witness. So-- - [Laryn] Let me finish. 472 00:30:59,359 --> 00:31:02,529 I'd like to spare this family any more unnecessary pain, 473 00:31:02,529 --> 00:31:04,948 whether it's unnecessary or not. 474 00:31:05,532 --> 00:31:10,579 Now, this case is murder two at best and you know it. 475 00:31:11,079 --> 00:31:14,458 Even your own witness testified that it was likely an unplanned killing. 476 00:31:14,458 --> 00:31:15,709 You'll never get murder one. 477 00:31:15,709 --> 00:31:18,504 And my instruction won't help you up that hill. 478 00:31:19,796 --> 00:31:23,258 You walking free strikes me as a bit of a stretch as well. 479 00:31:23,258 --> 00:31:25,844 {\an8}Voluntary manslaughter seems like a good place to land. 480 00:31:25,844 --> 00:31:26,970 - Not a chance. - No. 481 00:31:29,515 --> 00:31:31,058 You get a conviction. 482 00:31:31,058 --> 00:31:33,060 You get to resume your life in eight years. 483 00:31:33,060 --> 00:31:35,437 - That seems like a bargain. - I'm not accepting any conviction. 484 00:31:35,437 --> 00:31:37,856 A dismissal and an apology is the only thing that I will accept. 485 00:31:37,856 --> 00:31:39,233 [scoffs] 486 00:31:39,233 --> 00:31:40,901 Last off-ramp, boys. 487 00:31:42,903 --> 00:31:44,905 Anybody care to blink? 488 00:31:47,241 --> 00:31:49,201 [chuckles] Fine. 489 00:31:50,744 --> 00:31:53,997 You'll both tread with care with the boy. 490 00:31:58,919 --> 00:32:00,921 [chattering on TV] 491 00:32:04,967 --> 00:32:05,968 [sighs] 492 00:32:12,349 --> 00:32:13,350 Jay? 493 00:32:21,650 --> 00:32:22,818 Hey, sweetie. 494 00:32:24,069 --> 00:32:26,738 Hey. Hey, sweetie. 495 00:32:27,698 --> 00:32:29,116 You wanna go upstairs to bed? 496 00:32:30,492 --> 00:32:32,244 - Run upstairs to bed. - Mm-mmm. 497 00:33:02,816 --> 00:33:05,027 [sighs] 498 00:33:25,005 --> 00:33:26,340 [Rusty] You remember when they were-- 499 00:33:27,758 --> 00:33:31,136 they were little and they would sleep, we would watch them for hours. 500 00:33:33,305 --> 00:33:34,765 Angel mode. 501 00:34:10,132 --> 00:34:11,385 Why do you stay? 502 00:34:30,696 --> 00:34:35,492 The same reason... you do. [sighs] 503 00:34:49,130 --> 00:34:51,132 [reporters clamoring] 504 00:34:53,969 --> 00:34:57,890 Michael, you and I met before, where I extended my condolences. 505 00:34:57,890 --> 00:34:59,516 I'd like to do so again now. 506 00:34:59,516 --> 00:35:02,477 Both for the loss of your mother but also for the trauma 507 00:35:02,477 --> 00:35:04,771 - of being here in court today. - [clears throat] 508 00:35:04,771 --> 00:35:06,648 It's a terrible thing we're asking you to do, 509 00:35:06,648 --> 00:35:10,777 but it's because a terrible, terrible thing happened to your mother. 510 00:35:10,777 --> 00:35:11,945 Mr. Molto. 511 00:35:11,945 --> 00:35:15,407 I'd like to direct your attention to the night that your mother was murdered. 512 00:35:15,407 --> 00:35:17,075 Can you tell me where you were? 513 00:35:17,075 --> 00:35:18,327 I had dinner at home. 514 00:35:18,327 --> 00:35:21,455 I watched some TV or something. Maybe played video games. 515 00:35:21,455 --> 00:35:23,457 I left the house later and went there. 516 00:35:23,457 --> 00:35:26,043 So just to be clear, you went from the house 517 00:35:26,043 --> 00:35:28,378 where you live with your father, Dalton Caldwell, 518 00:35:28,378 --> 00:35:31,340 and then you said you went there. Where-- Where is there? 519 00:35:31,340 --> 00:35:32,508 [Michael] To my mother's house. 520 00:35:32,508 --> 00:35:34,259 [Tommy] To do what? 521 00:35:34,259 --> 00:35:36,345 [Michael] My mother and I didn't get along much. 522 00:35:36,345 --> 00:35:37,596 She didn't want me around. 523 00:35:38,180 --> 00:35:41,767 I was not invited. It caused me some confusion. 524 00:35:41,767 --> 00:35:45,187 And sometimes I would just go to the house to watch. 525 00:35:46,146 --> 00:35:46,980 Watch? 526 00:35:46,980 --> 00:35:50,234 To see the life that she preferred that I'd not be a part of. 527 00:35:50,234 --> 00:35:53,237 Which I think I've explained all of this to you before. 528 00:35:54,238 --> 00:35:55,906 [Tommy] Did you go to your mother's house a lot? 529 00:35:55,906 --> 00:35:59,660 Every now and then. I don't know. Like, once or twice a month. 530 00:35:59,660 --> 00:36:01,703 What would you do when you were there? 531 00:36:01,703 --> 00:36:04,331 Mainly, I'd just stare at the house from a distance in the dark 532 00:36:04,331 --> 00:36:05,791 so she wouldn't see me. 533 00:36:06,291 --> 00:36:09,586 Sometimes I would see people come in. Mostly him. 534 00:36:09,586 --> 00:36:13,674 Note that the witness has indicated the defendant, Rusty Sabich. 535 00:36:13,674 --> 00:36:14,716 I knew what they were doing. 536 00:36:14,716 --> 00:36:16,552 - Objection. - [Laryn] Uh, sustained. 537 00:36:16,552 --> 00:36:18,720 Just answer the questions you're asked, Michael. 538 00:36:18,720 --> 00:36:21,473 And if at anytime you feel like you need to take a break, 539 00:36:21,473 --> 00:36:22,891 just let me know, okay? 540 00:36:23,851 --> 00:36:25,769 - Yeah. - [Laryn] Let's get to it. 541 00:36:25,769 --> 00:36:27,437 [Tommy] Okay. [inhales sharply] 542 00:36:28,480 --> 00:36:29,731 So you took these videos? 543 00:36:30,315 --> 00:36:31,316 [Michael] Yes. 544 00:36:32,568 --> 00:36:33,902 June 16th. 545 00:36:33,902 --> 00:36:37,155 And can you read the time stamp at the top of the video? 546 00:36:37,155 --> 00:36:39,074 [Michael] Yeah. "9:49 p.m." 547 00:36:49,543 --> 00:36:53,881 [Tommy] And again, was this the video you took at 9:49 p.m., 548 00:36:53,881 --> 00:36:56,258 - the night your mother was murdered? - [Michael] Yes. 549 00:36:59,469 --> 00:37:02,222 Subsequent to your mother's death, you texted the defendant? 550 00:37:02,806 --> 00:37:03,682 [Michael] Yes. 551 00:37:03,682 --> 00:37:04,892 What did you text him? 552 00:37:04,892 --> 00:37:07,853 [Michael] I texted him, "You were there. I saw you." 553 00:37:07,853 --> 00:37:09,730 I saw you what? 554 00:37:09,730 --> 00:37:11,440 At the house when I took that video. 555 00:37:12,524 --> 00:37:14,193 [Tommy] Did you ask to meet with the defendant? 556 00:37:14,735 --> 00:37:16,737 - [Michael] Yes. - Why did you ask to meet with him? 557 00:37:17,446 --> 00:37:22,117 Well, because I wanted to look into the eyes of the man who murdered my mother. 558 00:37:22,117 --> 00:37:23,827 - Objection. - [Laryn] Sustained. 559 00:37:25,662 --> 00:37:29,249 So after you asked for the meeting, did you and the defendant in fact meet? 560 00:37:29,249 --> 00:37:31,543 - [Michael] Yes. - [Tommy] What did you talk about? 561 00:37:31,543 --> 00:37:34,588 [Michael] He-- He asked me why I wanted to meet, and I told him 562 00:37:34,588 --> 00:37:37,341 because I wanted to look into the eyes of the man who murdered my mother. 563 00:37:37,341 --> 00:37:38,425 Objection, Your Honor. 564 00:37:38,425 --> 00:37:42,554 Sustained. The witness is stating his opinion only. 565 00:37:43,430 --> 00:37:45,849 [Tommy] Did you accuse the defendant of murdering your mother? 566 00:37:45,849 --> 00:37:47,935 - [Michael] I did. - [Tommy] How did he respond? 567 00:37:49,269 --> 00:37:50,312 He denied it. 568 00:37:51,188 --> 00:37:52,523 But I could see he was lying. 569 00:37:52,523 --> 00:37:54,066 - [Raymond] Objection. - [Laryn] Sustained. 570 00:37:54,066 --> 00:37:56,401 Michael, you can state your impressions 571 00:37:56,401 --> 00:37:58,904 but please don't offer them as facts, okay? 572 00:37:59,988 --> 00:38:00,989 Yeah. 573 00:38:00,989 --> 00:38:04,660 Did you ever have a conversation with your mother about the defendant? 574 00:38:04,660 --> 00:38:06,745 Like I said, we weren't very close. 575 00:38:06,745 --> 00:38:08,622 She didn't share much. 576 00:38:08,622 --> 00:38:10,707 But about two weeks before she died, 577 00:38:10,707 --> 00:38:13,794 she told me that she was having some trouble with a man at work. 578 00:38:13,794 --> 00:38:15,754 It was my impression 579 00:38:15,754 --> 00:38:18,423 that it was the same man she was romantically involved with. 580 00:38:18,423 --> 00:38:20,133 [Tommy] Did she say anything else? 581 00:38:21,218 --> 00:38:22,928 That she was becoming afraid of him. 582 00:38:22,928 --> 00:38:24,847 [Tommy] You have any idea who that might be? 583 00:38:24,847 --> 00:38:27,349 - Objection. Speculation. - I'll allow it. 584 00:38:29,893 --> 00:38:32,312 My impression was it was the same man 585 00:38:32,312 --> 00:38:34,523 - I had the impression murdered her. - Objection. 586 00:38:34,523 --> 00:38:37,150 The same man I took pictures of the night she was killed. 587 00:38:37,150 --> 00:38:38,360 - Objection. - [Laryn] Sustained. 588 00:38:38,360 --> 00:38:41,154 Only questions asked, Michael. Please, don't volunteer. 589 00:38:43,490 --> 00:38:45,242 Thank you, Michael. That's all I have. 590 00:38:46,743 --> 00:38:47,744 Michael. 591 00:38:49,204 --> 00:38:51,874 [breathing heavily] 592 00:38:51,874 --> 00:38:53,834 You have a lot of impressions, don't you? 593 00:38:54,501 --> 00:38:57,087 You have an impression that your mom was scared. 594 00:38:57,087 --> 00:39:03,093 You have an impression that it was the man that she was sleeping with 595 00:39:03,093 --> 00:39:04,511 that she was afraid of. 596 00:39:04,511 --> 00:39:07,014 Impression. That's a funny word, impression. 597 00:39:07,014 --> 00:39:08,974 Let's talk about that word for a minute. 598 00:39:10,767 --> 00:39:12,311 What does that word mean? It means... 599 00:39:13,562 --> 00:39:19,234 [sighs] ...the belief or the faith in something that is unseen, 600 00:39:20,444 --> 00:39:21,695 right? 601 00:39:27,034 --> 00:39:28,035 [Laryn] Counsel? 602 00:39:29,995 --> 00:39:32,331 [distorted] Mr. Horgan, do you have a question? 603 00:39:36,960 --> 00:39:39,588 - [spectators clamoring] - Ray? Ray? 604 00:39:41,924 --> 00:39:44,843 - Ray? Ray? Ray, Ray, Ray? - I'm his wife. I'm his wife. 605 00:39:53,101 --> 00:39:56,188 [no audible dialogue] 606 00:40:11,703 --> 00:40:14,373 [defibrillator whirs, beeps] 607 00:40:18,669 --> 00:40:22,214 - [defibrillator whirs, beeps clearly] - [normal audio resumes] 608 00:40:23,173 --> 00:40:24,883 - [EMT 1] Still no pulse. - [Rusty] Again. 609 00:40:24,883 --> 00:40:26,301 - [defibrillator whirs] - [EMT 1] Ready? 610 00:40:26,301 --> 00:40:28,720 - Three, two, one, clear. - [Rusty] It's okay. It's okay. 611 00:40:28,720 --> 00:40:29,888 [defibrillator thuds]