1
00:00:10,344 --> 00:00:12,489
[REPORTERS SPEAKING, DISTORTED]
2
00:00:12,513 --> 00:00:14,449
[REPORTER 1] Was it, uh,
Mr. Sabich's pattern...
3
00:00:14,473 --> 00:00:16,284
[REPORTER 2] As day two
of the trial begins,
4
00:00:16,308 --> 00:00:18,244
the courtroom remains
abuzz with anticipation.
5
00:00:18,268 --> 00:00:20,914
[REPORTER 3] The prosecution's
strong start has set the stage
6
00:00:20,938 --> 00:00:22,123
for a riveting legal battle.
7
00:00:22,147 --> 00:00:25,043
[REPORTER 4] Molto's opening statement
was nothing short of compelling.
8
00:00:25,067 --> 00:00:27,478
With a commanding presence and
unwavering conviction,
9
00:00:27,502 --> 00:00:28,546
he set the stage...
10
00:00:28,570 --> 00:00:30,006
[REPORTER 2] ...beyond
a reasonable doubt.
11
00:00:30,030 --> 00:00:33,009
[REPORTER 5] Tommy Molto delivered
an impassioned opening statement
12
00:00:33,033 --> 00:00:35,065
that resonated with both the jury
and the public.
13
00:00:35,089 --> 00:00:36,696
[REPORTER 3] ...going head-to-head
14
00:00:36,720 --> 00:00:38,932
against renowned defense
attorney Raymond Horgan.
15
00:00:38,956 --> 00:00:41,267
[REPORTER 2] ...or will Tommy Molto's
captivating opening statement
16
00:00:41,291 --> 00:00:43,478
continue to resonate,
securing what appears to be
17
00:00:43,502 --> 00:00:45,921
a solid foundation
for the prosecution's case?
18
00:00:47,422 --> 00:00:48,966
Oh, you're a fucking asshole!
19
00:00:50,717 --> 00:00:52,886
[TOMMY] Doctor, can you describe
what we're seeing here?
20
00:00:53,341 --> 00:00:54,489
[KUMAGAI] The blunt force wounds
21
00:00:54,513 --> 00:00:57,283
that resulted in the death of
the victim, Carolyn Polhemus.
22
00:00:57,307 --> 00:00:59,323
Struck three times by a thin,
heavy object
23
00:00:59,347 --> 00:01:01,329
resulting in laceration of the scalp,
24
00:01:01,353 --> 00:01:04,081
severe contusions, skull fractures,
brain herniation.
25
00:01:04,105 --> 00:01:05,042
[TOMMY] Herniation?
26
00:01:05,066 --> 00:01:07,460
Cranial pressure
forced sections of her brain to shift,
27
00:01:07,484 --> 00:01:08,461
seek an exit.
28
00:01:08,485 --> 00:01:10,672
So that's her brain
seeping through the fractures?
29
00:01:10,696 --> 00:01:12,799
[KUMAGAI]
Correct. What the photos don't show
30
00:01:12,823 --> 00:01:15,009
is that it also
pushed through the foramen magnum.
31
00:01:15,033 --> 00:01:17,053
That's where the spine enters
the base of the skull.
32
00:01:17,077 --> 00:01:18,362
[TOMMY] And this was the cause of death?
33
00:01:18,386 --> 00:01:19,378
It would have been,
34
00:01:19,402 --> 00:01:21,516
but she bled to death
before the herniation could kill her.
35
00:01:21,540 --> 00:01:22,892
What was the estimated time of death?
36
00:01:22,916 --> 00:01:25,019
[KUMAGAI] Body temperature
and stages of rigor and livor mortis
37
00:01:25,043 --> 00:01:26,896
put it between 10 p.m. and midnight.
38
00:01:26,920 --> 00:01:29,274
And the markings on her face?
39
00:01:29,298 --> 00:01:30,567
[KUMAGAI] They indicate a fall.
40
00:01:30,591 --> 00:01:32,193
She was struck once
on the back of the head,
41
00:01:32,217 --> 00:01:33,778
falling face forward, breaking her nose,
42
00:01:33,802 --> 00:01:36,406
thus the markings
under her eyes and on her cheeks.
43
00:01:36,430 --> 00:01:39,117
She was then struck two more times
in the back of the skull.
44
00:01:39,141 --> 00:01:41,870
The contusion on her face occurred
while she was still alive.
45
00:01:41,894 --> 00:01:43,580
The fatal blows came after.
46
00:01:43,604 --> 00:01:45,623
Is there any evidence
that she tried to defend herself?
47
00:01:45,647 --> 00:01:47,709
[KUMAGAI] There were no
conclusive defensive wounds.
48
00:01:47,733 --> 00:01:50,420
Traces of the defendant's skin
were determined to be present
49
00:01:50,444 --> 00:01:52,172
under one of the victim's fingernails.
50
00:01:52,196 --> 00:01:55,466
Is it possible she scratched him
as she was trying to defend herself?
51
00:01:55,490 --> 00:01:58,636
[KUMAGAI] It's possible.
More likely, she never saw it coming.
52
00:01:58,660 --> 00:02:00,555
[TOMMY] And you stated
that the blow didn't kill her,
53
00:02:00,579 --> 00:02:03,433
- that she lay there, bleeding out?
- [KUMAGAI] Yes, sir.
54
00:02:03,457 --> 00:02:04,976
- She suffered.
- [RAYMOND] Leading.
55
00:02:05,000 --> 00:02:07,395
- Did she suffer?
- I cannot conclude that.
56
00:02:07,419 --> 00:02:10,273
She was most likely unconscious
from the blows to the skull.
57
00:02:10,297 --> 00:02:13,800
Can you rule out that she was conscious,
that she suffered?
58
00:02:14,301 --> 00:02:15,820
[KUMAGAI] I cannot rule that out, no.
59
00:02:15,844 --> 00:02:17,171
[TOMMY] Doctor,
do you have any other findings
60
00:02:17,195 --> 00:02:18,698
in regard to Ms. Polhemus?
61
00:02:18,722 --> 00:02:22,726
Yes. She was six weeks pregnant
at the time she was killed.
62
00:02:23,727 --> 00:02:25,371
[TOMMY] Your Honor, at this time,
63
00:02:25,395 --> 00:02:28,500
I would enter the parties' joint
stipulation as to the DNA analysis,
64
00:02:28,524 --> 00:02:31,836
which confirms the
defendant's paternity.
65
00:02:31,860 --> 00:02:33,046
[LARYN] So noted.
66
00:02:33,070 --> 00:02:35,048
So the defendant impregnated the victim?
67
00:02:35,072 --> 00:02:36,448
[KUMAGAI] Yes, he did.
68
00:02:38,575 --> 00:02:39,576
[TOMMY] That's all I have.
69
00:02:40,577 --> 00:02:41,388
[LARYN] Mr. Horgan.
70
00:02:41,412 --> 00:02:44,432
Uh, the defense will not be challenging
this witness, Your Honor.
71
00:02:44,456 --> 00:02:47,143
- Dr. Kumagai...
- Actually, I'm old and I...
72
00:02:47,167 --> 00:02:50,230
[CHUCKLES] ...better make sure
that I didn't miss anything.
73
00:02:50,254 --> 00:02:52,732
You said, "A thin, heavy object."
74
00:02:52,756 --> 00:02:55,246
As I understand it, you make no findings
75
00:02:55,270 --> 00:02:58,905
as to who swung this thin, heavy object.
76
00:02:58,929 --> 00:03:01,533
- In fact, they don't even suggest it.
- [KUMAGAI] Correct.
77
00:03:01,557 --> 00:03:03,368
[RAYMOND] You make
no medical determinations
78
00:03:03,392 --> 00:03:05,662
as to who killed Carolyn Polhemus.
79
00:03:05,686 --> 00:03:07,664
I can only state
with an absolute certainty
80
00:03:07,688 --> 00:03:09,207
that this was a homicide.
81
00:03:09,231 --> 00:03:10,566
[RAYMOND] Uh-huh.
82
00:03:11,061 --> 00:03:13,324
And no thin, heavy object
83
00:03:13,348 --> 00:03:17,150
or murder weapon
of any kind has been recovered?
84
00:03:17,197 --> 00:03:18,282
Correct.
85
00:03:18,895 --> 00:03:19,896
Thank you.
86
00:03:23,537 --> 00:03:24,872
Mr. Molto. Redirect?
87
00:03:25,372 --> 00:03:26,372
Do not.
88
00:03:27,416 --> 00:03:28,739
We got what we needed.
Move... [STAMMERS]
89
00:03:28,763 --> 00:03:31,104
Doctor, after you completed the autopsy,
90
00:03:31,128 --> 00:03:32,981
did you have chance
to encounter the defendant?
91
00:03:33,005 --> 00:03:36,568
Yes, he came to our office and
aggressively demanded to see the body.
92
00:03:36,592 --> 00:03:39,988
Is that typical, for a district attorney
to show up like that?
93
00:03:40,012 --> 00:03:42,282
It's been known to happen,
but it's certainly not routine.
94
00:03:42,306 --> 00:03:46,619
Did Mr. Sabich have a pattern
of showing up to view victims?
95
00:03:46,643 --> 00:03:49,247
- [KUMAGAI] No.
- Did Mr. Sabich ever show up
96
00:03:49,271 --> 00:03:52,458
- to personally view a homicide victim?
- [KUMAGAI] Never.
97
00:03:52,482 --> 00:03:54,711
[TOMMY] But he showed up on this day.
What was his demeanor?
98
00:03:54,735 --> 00:03:58,756
- He was agitated, erratic, even scared.
- [TOMMY] Scared?
99
00:03:58,780 --> 00:04:00,091
Which I didn't understand then.
100
00:04:00,115 --> 00:04:01,384
But you do now?
101
00:04:01,408 --> 00:04:04,762
My sense, he didn't want
to just know my findings,
102
00:04:04,786 --> 00:04:06,705
it was as if he was scared of them.
103
00:04:07,581 --> 00:04:09,166
There was something off about him.
104
00:04:11,502 --> 00:04:12,503
That's all I have.
105
00:04:13,420 --> 00:04:16,911
Doctor, do you have any psychological
foundation
106
00:04:16,935 --> 00:04:18,817
to render behavioral diagnosis
107
00:04:18,841 --> 00:04:21,887
when it comes to agitation, fright or...
108
00:04:22,864 --> 00:04:23,949
"off"?
109
00:04:23,974 --> 00:04:25,767
I have a history with the defendant,
110
00:04:25,792 --> 00:04:29,087
one that allows me to form lay opinions
based on his behavior,
111
00:04:29,112 --> 00:04:31,114
and he was acting out of the ordinary.
112
00:04:31,146 --> 00:04:33,082
You have a history with him.
Are you two friends?
113
00:04:33,106 --> 00:04:34,292
[KUMAGAI] Colleagues, not friends.
114
00:04:34,316 --> 00:04:37,587
Not friends. In fact,
you consider my client to be an asshole.
115
00:04:37,611 --> 00:04:40,405
- Objection.
- [RAYMOND] Offered to show bias.
116
00:04:41,573 --> 00:04:42,574
I'll allow it.
117
00:04:45,202 --> 00:04:48,598
Uh, things get heated sometimes,
and I do regret calling him that.
118
00:04:48,622 --> 00:04:51,583
You don't have any bias,
say, against district attorneys?
119
00:04:51,917 --> 00:04:53,645
[KUMAGAI]
Of course not. That's preposterous.
120
00:04:53,669 --> 00:04:55,438
- You ever call me an asshole?
- Objection.
121
00:04:55,462 --> 00:04:57,565
Your Honor,
if there is prejudice at play here...
122
00:04:57,589 --> 00:04:58,966
Short leash.
123
00:04:59,675 --> 00:05:00,675
Doctor.
124
00:05:01,426 --> 00:05:04,072
Uh, you and I have gotten into it
a few times as well.
125
00:05:04,096 --> 00:05:05,740
I mean, it happens in our line of work.
126
00:05:05,764 --> 00:05:08,576
It is a very contentious,
high-pressure process
127
00:05:08,600 --> 00:05:10,954
and sometimes we decompress
by blowing off some steam.
128
00:05:10,978 --> 00:05:14,582
But I certainly do not have
a bias against prosecutors,
129
00:05:14,606 --> 00:05:16,709
and I take extreme offense to that.
130
00:05:16,733 --> 00:05:18,753
Did you ever call
Tommy Molto an asshole?
131
00:05:18,777 --> 00:05:20,338
- Objection.
- No more than you.
132
00:05:20,362 --> 00:05:21,422
[LARYN] Dr. Kumagai.
133
00:05:21,446 --> 00:05:23,007
[KUMAGAI] Maybe this is why
you didn't get reelected.
134
00:05:23,031 --> 00:05:24,509
- Doctor.
- [KUMAGAI] Don't quit your day job.
135
00:05:24,533 --> 00:05:25,844
Oh, no, that's right. You got fired,
136
00:05:25,868 --> 00:05:27,303
- right? Yeah.
- [LARYN] Dr. Kumagai.
137
00:05:27,327 --> 00:05:29,430
[OFFICER] We've got to go. Head down.
138
00:05:29,454 --> 00:05:32,332
- [REPORTERS CLAMORING]
- [SHUTTERS CLICKING]
139
00:05:34,960 --> 00:05:36,461
[OFFICER 2] Copy. He's in the car.
140
00:05:40,465 --> 00:05:43,760
[CLAMORING CONTINUES]
141
00:05:48,891 --> 00:05:52,436
[NICO] We had what we needed.
We had it, but you couldn't let it sit.
142
00:05:53,020 --> 00:05:55,748
That's what I said... I told you.
Just get Kumagai up there,
143
00:05:55,772 --> 00:05:58,626
and, uh, get him to establish
the time and cause of death
144
00:05:58,650 --> 00:06:00,545
and the paternity of the baby.
145
00:06:00,569 --> 00:06:02,881
Ah,
but you couldn't just leave it there.
146
00:06:02,905 --> 00:06:07,385
And now we have an ME
that comes across as an aggrieved,
147
00:06:07,409 --> 00:06:10,388
- grudge-bearing "dis-grunt."
- It was important testimony.
148
00:06:10,412 --> 00:06:13,641
The Rusty Sabich that everyone
knows and loves wouldn't have done this,
149
00:06:13,665 --> 00:06:16,311
so we have to establish
wherever and whenever possible
150
00:06:16,335 --> 00:06:19,105
that at some point
he stopped being that Rusty Sabich.
151
00:06:19,129 --> 00:06:20,148
It was a net win.
152
00:06:20,172 --> 00:06:23,193
I'm gonna call this a net fucking loss.
153
00:06:23,217 --> 00:06:25,862
It's a circumstantial case that's
gonna be built on bits and pieces,
154
00:06:25,886 --> 00:06:28,406
the tiniest and smallest of increments.
155
00:06:28,430 --> 00:06:30,717
Kumagai is just the first piece.
156
00:06:30,966 --> 00:06:33,532
Rusty Sabich was unhinged, other.
157
00:06:35,896 --> 00:06:39,608
The skin under Carolyn's fingernail
wasn't in the initial report.
158
00:06:40,647 --> 00:06:42,023
FSC is backlogged.
159
00:06:43,570 --> 00:06:46,448
Kumagai just took a little longer
with that part of the analysis.
160
00:06:49,493 --> 00:06:53,014
The forensic pathologist,
he figures to be a lot tougher.
161
00:06:53,038 --> 00:06:54,432
Jeremy Buck.
162
00:06:54,456 --> 00:06:58,144
He's probably the best. He was
always my go-to. Yours too, Rusty.
163
00:06:58,168 --> 00:07:00,021
He's as precise as he is graphic,
164
00:07:00,045 --> 00:07:01,952
so we think it's best
165
00:07:01,976 --> 00:07:04,275
if neither of you
actually look at the photographs.
166
00:07:04,299 --> 00:07:09,412
Just straight forward, neutral, numb.
Okay?
167
00:07:11,056 --> 00:07:13,284
Can we talk about
body language for a sec?
168
00:07:13,308 --> 00:07:14,452
What about it?
169
00:07:14,476 --> 00:07:17,163
[RAYMOND] Well... [SIGHS]
...we didn't love what we saw today.
170
00:07:17,187 --> 00:07:18,915
You guys need to look together.
171
00:07:18,939 --> 00:07:21,376
The jury's going to be taking cues
from you,
172
00:07:21,400 --> 00:07:25,528
and they need to see "I love him.
I believe in him" at every turn.
173
00:07:25,632 --> 00:07:28,757
[RAYMOND] And if the media,
they swarm again like they did today,
174
00:07:28,782 --> 00:07:32,870
maybe, Rusty, you could put your arm
around Barbara and shield her.
175
00:07:35,848 --> 00:07:36,849
Barbara?
176
00:07:39,032 --> 00:07:40,158
So...
177
00:07:42,254 --> 00:07:44,464
we want the jury to believe
that he's my protector.
178
00:07:46,008 --> 00:07:48,969
Yeah, in a sense. In that situation.
179
00:07:51,138 --> 00:07:52,139
Raymond, I...
180
00:07:54,808 --> 00:07:56,435
can't claim to know your job,
181
00:07:57,144 --> 00:07:59,289
but I think insulting
the jury's intelligence
182
00:07:59,313 --> 00:08:00,898
is not the best path.
183
00:08:02,482 --> 00:08:05,903
What they're likely to see on my face
is going to be shock.
184
00:08:06,653 --> 00:08:08,673
My husband's on trial
for a gruesome murder.
185
00:08:08,697 --> 00:08:11,074
How could I be anything else
but fucking shocked?
186
00:08:19,124 --> 00:08:21,126
Trials often come down to storytelling.
187
00:08:22,544 --> 00:08:23,962
Best version wins.
188
00:08:24,439 --> 00:08:26,650
And you are part of our story here,
189
00:08:26,877 --> 00:08:29,421
and your fury
isn't going to carry the day.
190
00:08:38,769 --> 00:08:41,230
It is very difficult for me
to be in that room,
191
00:08:41,855 --> 00:08:44,876
to have to bear witness to all
the things that are gonna be said,
192
00:08:44,900 --> 00:08:46,527
all the images depicted.
193
00:08:50,280 --> 00:08:51,990
That I am there at all...
194
00:08:54,868 --> 00:08:59,038
that tells the jury that I believe
in my husband's innocence.
195
00:09:00,290 --> 00:09:01,959
I need to be credible.
196
00:09:02,459 --> 00:09:05,212
But for me to be credible,
I need to be truthful.
197
00:09:07,005 --> 00:09:09,049
And that is what I will be in that room.
198
00:09:10,759 --> 00:09:14,888
I will let them see my truth.
199
00:09:16,723 --> 00:09:18,892
That I am horrified, that I am...
200
00:09:20,210 --> 00:09:21,420
sickened,
201
00:09:22,604 --> 00:09:25,065
that I am repulsed by such depravity,
202
00:09:26,984 --> 00:09:28,926
that I am offended by the mere notion
203
00:09:28,950 --> 00:09:30,529
that the father of my
children could be...
204
00:09:31,965 --> 00:09:34,050
responsible for such depravity.
205
00:09:38,066 --> 00:09:40,860
This is the darkest hour
of my fucking life.
206
00:09:43,542 --> 00:09:45,586
I will not pretend otherwise.
207
00:09:50,299 --> 00:09:52,217
Not for you two. Not for that jury.
208
00:10:01,435 --> 00:10:03,163
[REPORTERS CLAMORING]
209
00:10:03,187 --> 00:10:06,273
[SHUTTERS CLICKING]
210
00:10:17,701 --> 00:10:19,530
[PATHOLOGIST] We found skin cells
211
00:10:19,554 --> 00:10:22,390
under the fingernails
of her right hand,
212
00:10:22,414 --> 00:10:24,684
a DNA match for the defendant.
213
00:10:24,708 --> 00:10:28,354
We also found traces of saliva
on the victim's face
214
00:10:28,378 --> 00:10:31,774
and on the collar of the shirt
she had been wearing.
215
00:10:31,798 --> 00:10:33,776
DNA match for the defendant.
216
00:10:33,800 --> 00:10:36,704
Curiously, we found no DNA whatsoever
217
00:10:36,728 --> 00:10:39,282
on the rope used to bind the body.
218
00:10:39,306 --> 00:10:40,909
Why do you say "curiously"?
219
00:10:40,933 --> 00:10:42,434
It was fastidious.
220
00:10:42,904 --> 00:10:46,449
The perpetrator was careful
not to leave any evidence.
221
00:10:46,563 --> 00:10:51,342
It's rare to find a scene
so bloody and messy,
222
00:10:51,652 --> 00:10:56,132
yet so sterile
from an evidentiary standpoint.
223
00:10:56,156 --> 00:10:57,550
[TOMMY] What does that tell you?
224
00:10:57,574 --> 00:11:02,180
That great pains were taken to clean up,
to cover up.
225
00:11:02,204 --> 00:11:05,850
[TOMMY] Based on your nearly 20 years
as a forensic pathologist,
226
00:11:05,874 --> 00:11:07,727
what is your opinion
about what happened?
227
00:11:07,751 --> 00:11:13,191
My opinion is we had a sudden act
of murderous rage...
228
00:11:13,215 --> 00:11:14,192
unplanned...
229
00:11:14,216 --> 00:11:17,070
followed by a very meticulous,
230
00:11:17,094 --> 00:11:20,657
methodical, postmortem act
of tying her up.
231
00:11:20,681 --> 00:11:22,492
[TOMMY] That's all I have. Thank you.
232
00:11:22,516 --> 00:11:25,245
Have you ever seen a body
tied up like this before?
233
00:11:25,269 --> 00:11:30,375
I had a homicide case several years ago
where the body was bound up
234
00:11:30,399 --> 00:11:33,002
in an eerily similar fashion, yes.
235
00:11:33,026 --> 00:11:34,765
And who was the district attorney
236
00:11:34,789 --> 00:11:37,674
in charge of prosecuting that homicide?
237
00:11:37,698 --> 00:11:41,177
There were two,
Carolyn Polhemus and Rusty Sabich.
238
00:11:41,201 --> 00:11:44,496
And the killer in that case,
his name is Liam Reynolds.
239
00:11:46,540 --> 00:11:48,217
- He was convicted.
- [PATHOLOGIST] Correct.
240
00:11:48,242 --> 00:11:49,994
[RAYMOND] Convicted by the prosecutors
241
00:11:50,019 --> 00:11:52,605
- Carolyn Polhemus and Rusty Sabich.
- [PATHOLOGIST] Correct.
242
00:11:52,671 --> 00:11:56,860
And upon being convicted
by Carolyn Polhemus and Rusty Sabich,
243
00:11:56,884 --> 00:11:58,653
he threatened to get even with them.
244
00:11:58,677 --> 00:12:00,488
- Are you aware of this?
- [PATHOLOGIST] I am.
245
00:12:00,512 --> 00:12:03,836
[RAYMOND] Now, I am no expert on
the science of getting even,
246
00:12:03,860 --> 00:12:05,034
but I suspect
247
00:12:05,058 --> 00:12:07,328
- killing one while framing the other...
- Objection.
248
00:12:07,352 --> 00:12:09,897
- ...would be very...
- Sustained. Bring it up here right now.
249
00:12:20,574 --> 00:12:21,468
We discussed this.
250
00:12:21,492 --> 00:12:23,678
This office never really investigated
Mr. Reynolds...
251
00:12:23,702 --> 00:12:25,346
They never investigated me,
far as I know.
252
00:12:25,370 --> 00:12:27,307
Their burden isn't
to investigate everyone.
253
00:12:27,331 --> 00:12:29,976
- They have no duty to prove a negative.
- He made a public threat
254
00:12:30,000 --> 00:12:32,145
- to Carolyn and Rusty.
- Yes, he made a threat...
255
00:12:32,169 --> 00:12:34,189
- I thought it important the jury know.
- ...an empty one.
256
00:12:34,213 --> 00:12:36,149
- Why I should not have this...
- One you will not be milking.
257
00:12:36,173 --> 00:12:37,400
...entered into the record.
258
00:12:37,424 --> 00:12:40,093
Give me something tangible
and I'll let you explore it.
259
00:12:41,512 --> 00:12:44,515
Otherwise, none of your nonsense.
Now step back.
260
00:12:54,650 --> 00:12:59,547
Mr. Buck, you've been made aware
that my client and the deceased
261
00:12:59,571 --> 00:13:01,758
- were romantically intimate.
- [MR. BUCK] Yes.
262
00:13:01,782 --> 00:13:05,053
[RAYMOND] And when you say,
"skin was found under her fingernails,"
263
00:13:05,077 --> 00:13:09,015
do you mean actual skin,
as in pieces of skin,
264
00:13:09,039 --> 00:13:10,767
like he'd been scratched?
265
00:13:10,791 --> 00:13:14,938
No, not visible pieces of skin. Cells.
266
00:13:14,962 --> 00:13:18,066
If I scratched my face like this,
267
00:13:18,090 --> 00:13:20,592
one might find skin
cells under my nails?
268
00:13:20,898 --> 00:13:22,065
It's possible.
269
00:13:22,090 --> 00:13:26,407
So, if Rusty Sabich kissed
Carolyn Polhemus, and while kissing,
270
00:13:26,431 --> 00:13:32,330
Carolyn happened to run her fingernails
along his neck or on his back,
271
00:13:32,354 --> 00:13:36,835
could that not account for the
traces of his saliva found on her
272
00:13:36,859 --> 00:13:41,304
and the DNA found under her fingernails?
Is that not possible?
273
00:13:42,373 --> 00:13:43,458
I suppose.
274
00:13:43,483 --> 00:13:46,601
[RAYMOND] So the DNA you say
suggests he killed her,
275
00:13:47,160 --> 00:13:52,225
it could just as easily say and suggest
he kissed her.
276
00:13:52,249 --> 00:13:54,877
[SPECTATORS WHISPERING]
277
00:14:00,299 --> 00:14:02,134
You do get the distinction?
278
00:14:08,599 --> 00:14:09,725
[KEYS JINGLE]
279
00:14:10,225 --> 00:14:11,435
[DOOR CLOSES]
280
00:14:24,281 --> 00:14:26,533
[MUMBLING]
281
00:14:37,794 --> 00:14:39,338
[SIGHS]
282
00:14:56,855 --> 00:14:58,649
You gotta go. [SIGHS]
283
00:15:32,558 --> 00:15:34,677
Were you aware that the defendant
and Ms. Polhemus
284
00:15:34,701 --> 00:15:35,787
were having an affair?
285
00:15:35,811 --> 00:15:38,105
- [EUGENIA] I became aware, yes.
- How'd you become aware?
286
00:15:38,689 --> 00:15:42,293
Well, I had, um,
various reasons to suspect.
287
00:15:42,317 --> 00:15:45,112
Um, as for when I actually knew...
[STAMMERS]
288
00:15:46,363 --> 00:15:48,508
...I needed to drop a file off
in Rusty's office.
289
00:15:48,532 --> 00:15:51,010
It was late.
I thought he was gone. He wasn't.
290
00:15:51,034 --> 00:15:53,579
I walked inside.
He was kissing Carolyn. Um...
291
00:15:56,123 --> 00:15:57,059
[RUSTY] Yeah?
292
00:15:57,083 --> 00:16:01,020
- Uh, I got the, um, Roberts case.
- Yeah.
293
00:16:01,044 --> 00:16:02,129
- Yeah, yeah.
- Yep.
294
00:16:03,213 --> 00:16:05,400
- Thanks. Yeah.
- There you go. I will see you tomorrow.
295
00:16:05,424 --> 00:16:08,027
I bolted and, uh, she followed me.
296
00:16:08,051 --> 00:16:13,700
And, um, it was incredibly embarrassing
and I... I left.
297
00:16:13,724 --> 00:16:15,660
- [TOMMY] When was this?
- [EUGENIA] Last February.
298
00:16:15,684 --> 00:16:17,745
[TOMMY] Were there any other incidences
that you observed?
299
00:16:17,769 --> 00:16:20,206
[EUGENIA]
Not overtly sexual, just office gossip.
300
00:16:20,230 --> 00:16:24,651
But, um, I mean, sure,
there were undercurrents.
301
00:16:25,986 --> 00:16:27,005
Such as?
302
00:16:27,029 --> 00:16:31,551
Uh, one time in the, um,
underground parking lot, I saw them.
303
00:16:31,575 --> 00:16:34,637
They were... I-I think, I don't know...
I think they were arguing.
304
00:16:34,661 --> 00:16:37,974
- [RUSTY] ...together. I don't know. What?
- [CAROLYN] Stay away.
305
00:16:37,998 --> 00:16:40,518
[RUSTY] But all I'm doing is asking you
a question. So if you can just...
306
00:16:40,542 --> 00:16:42,020
That's it. Fuck's sake.
307
00:16:42,044 --> 00:16:44,731
[EUGENIA] Uh, she was in her car,
he was banging on her window,
308
00:16:44,755 --> 00:16:45,691
and she sped off.
309
00:16:45,715 --> 00:16:47,066
[RUSTY] Fuck.
310
00:16:47,090 --> 00:16:48,375
[TOMMY] Did you have the opportunity
311
00:16:48,399 --> 00:16:49,903
to discuss any of this with Mr. Sabich?
312
00:16:49,927 --> 00:16:51,220
I did. [CLEARS THROAT]
313
00:16:51,803 --> 00:16:53,615
Mm-hmm. What'd you say?
314
00:16:53,639 --> 00:16:56,576
Uh...
[EXHALES DEEPLY]...I told him that I...
315
00:16:56,600 --> 00:17:01,331
that I was worried that he was, um,
I don't know, losing himself.
316
00:17:01,355 --> 00:17:03,941
- Losing himself?
- [EUGENIA] To her.
317
00:17:04,525 --> 00:17:08,945
He, um, was becoming a little undone,
318
00:17:09,695 --> 00:17:10,696
obsessive.
319
00:17:14,201 --> 00:17:16,565
You didn't approve of this relationship
320
00:17:16,589 --> 00:17:18,640
between Mr. Sabich and Ms. Polhemus?
321
00:17:18,664 --> 00:17:20,141
- You didn't approve?
- No, I didn't.
322
00:17:20,165 --> 00:17:23,018
And you didn't really approve
of Carolyn Polhemus, did you?
323
00:17:23,042 --> 00:17:26,380
It's not about that.
It was unprofessional.
324
00:17:27,089 --> 00:17:29,234
You didn't like Carolyn, did you?
325
00:17:29,258 --> 00:17:30,777
No, I didn't.
326
00:17:30,801 --> 00:17:33,086
[MYA] Did you ever report your concerns
327
00:17:33,110 --> 00:17:35,532
about it being unprofessional to HR?
328
00:17:35,556 --> 00:17:37,432
I did not, no.
329
00:17:40,227 --> 00:17:41,297
And to your knowledge,
330
00:17:41,321 --> 00:17:45,166
Ms. Polhemus never made a
complaint to HR about Mr. Sabich?
331
00:17:45,190 --> 00:17:46,233
That's correct.
332
00:17:46,733 --> 00:17:51,488
To your knowledge, did she ever
make a complaint to HR about anyone?
333
00:17:52,823 --> 00:17:53,824
Yes.
334
00:17:55,325 --> 00:17:56,325
Who?
335
00:17:58,303 --> 00:17:59,471
Tommy Molto.
336
00:17:59,496 --> 00:18:01,832
[SPECTATORS MURMURING]
337
00:18:16,930 --> 00:18:17,931
Yeah.
338
00:18:21,047 --> 00:18:25,093
Do you have any knowledge of me
acting unprofessionally or untoward
339
00:18:25,118 --> 00:18:26,693
with respect to Ms. Polhemus?
340
00:18:26,722 --> 00:18:28,960
I have no actual knowledge, no.
341
00:18:28,984 --> 00:18:31,087
And do you have any knowledge
about the complaint
342
00:18:31,111 --> 00:18:32,463
that was filed at human resources?
343
00:18:32,487 --> 00:18:34,479
All I know is that she
didn't want to work
344
00:18:34,503 --> 00:18:35,800
on any cases with you.
345
00:18:35,824 --> 00:18:38,827
She said that you gave her ick.
346
00:18:39,328 --> 00:18:41,038
[SPECTATORS MURMURING]
347
00:18:43,624 --> 00:18:47,042
Okay. Did you ever witness me acting
348
00:18:47,066 --> 00:18:49,022
unprofessionally toward the victim?
349
00:18:49,046 --> 00:18:50,190
Not really.
350
00:18:50,214 --> 00:18:52,549
[TOMMY] How about Rusty Sabich?
351
00:19:00,390 --> 00:19:02,209
- Yes.
- Yes.
352
00:19:02,233 --> 00:19:05,663
The defendant seemed obsessed,
losing himself to her.
353
00:19:05,687 --> 00:19:07,248
That's your testimony?
354
00:19:07,272 --> 00:19:08,881
That is my testimony.
355
00:19:11,368 --> 00:19:12,786
Thank you so much.
356
00:19:29,378 --> 00:19:31,797
[PURRING]
357
00:19:32,506 --> 00:19:33,590
Mmm. Aw.
358
00:19:34,633 --> 00:19:35,968
Hey.
359
00:19:37,636 --> 00:19:38,720
It's okay.
360
00:19:42,391 --> 00:19:44,977
I almost feel sorry for him, Tommy.
361
00:19:45,644 --> 00:19:47,646
[RAYMOND] Mmm. Mmm.
362
00:19:48,647 --> 00:19:50,458
- I almost did too...
- [CHUCKLES]
363
00:19:50,482 --> 00:19:54,337
...but then I remembered
he's a fucking cockroach.
364
00:19:54,361 --> 00:19:57,614
You can't squish him.
He keeps coming back.
365
00:19:59,312 --> 00:20:03,352
And he's made his points.
366
00:20:03,787 --> 00:20:05,014
You're worried.
367
00:20:05,038 --> 00:20:09,477
Well, if the jury... they... [SIGHS]
sticks with the burden of proof,
368
00:20:09,501 --> 00:20:11,879
I like where we are, but... [SIGHS]
369
00:20:12,880 --> 00:20:17,575
...if they need someone to pin this on,
it'll be Rusty.
370
00:20:33,150 --> 00:20:34,150
[JADEN SNIFFS]
371
00:20:36,133 --> 00:20:37,171
You okay?
372
00:20:37,196 --> 00:20:40,240
Mmm. You okay?
373
00:20:40,824 --> 00:20:44,578
[BREATHES DEEPLY]
374
00:20:53,712 --> 00:20:54,689
In my psych class,
375
00:20:54,713 --> 00:20:58,175
we've been reading some stuff
about trauma and disassociation.
376
00:20:58,759 --> 00:21:02,030
How the brain can protect people
from themselves.
377
00:21:02,054 --> 00:21:03,639
Like an involuntary...
378
00:21:05,933 --> 00:21:08,310
detachment from reality.
379
00:21:10,187 --> 00:21:11,230
You ever feel that?
380
00:21:13,857 --> 00:21:14,858
How do you mean?
381
00:21:18,111 --> 00:21:19,112
Just...
382
00:21:24,849 --> 00:21:27,478
People can disassociate
from their memories.
383
00:21:29,683 --> 00:21:30,898
If it's...
384
00:21:32,774 --> 00:21:35,652
If they do something
that they can't reconcile with or...
385
00:21:37,923 --> 00:21:40,050
what they perceive themselves to be...
386
00:21:42,970 --> 00:21:44,864
it can cause a disassociation.
387
00:21:44,888 --> 00:21:46,265
My memory is fine.
388
00:22:01,238 --> 00:22:02,322
[TREADMILL BEEPS]
389
00:22:18,005 --> 00:22:20,424
[FOOTSTEPS APPROACHING]
390
00:22:22,384 --> 00:22:23,385
[EXHALES HEAVILY]
391
00:22:28,140 --> 00:22:32,144
[PANTING, GRUNTING]
392
00:22:42,196 --> 00:22:43,906
Rusty, I need to talk to you.
393
00:22:46,491 --> 00:22:47,492
[CLEARS THROAT]
394
00:22:51,788 --> 00:22:52,915
Okay.
395
00:22:54,385 --> 00:22:58,055
So a... a couple of months ago, um...
396
00:22:59,880 --> 00:23:03,884
uh, around the time I got fired
from the gallery,
397
00:23:04,535 --> 00:23:09,373
I started going to a bar
in the day. [CHUCKLES]
398
00:23:10,390 --> 00:23:11,391
[CLEARS THROAT]
399
00:23:12,142 --> 00:23:13,477
And, um...
400
00:23:14,853 --> 00:23:18,106
the bar had a bartender and he...
401
00:23:19,451 --> 00:23:21,286
had a PhD in art.
402
00:23:21,311 --> 00:23:23,813
And so we got talking and, um...
403
00:23:25,781 --> 00:23:29,701
[SMACKS LIPS]
...we actually really connected, and...
404
00:23:32,996 --> 00:23:36,732
we kissed. I kissed him.
405
00:23:41,505 --> 00:23:43,090
But that was all that happened.
406
00:23:49,179 --> 00:23:50,180
[RUSTY CLEARS THROAT]
407
00:24:03,443 --> 00:24:04,570
[CLEARS THROAT]
408
00:24:06,405 --> 00:24:07,739
- [BREATHES HEAVILY]
- [BARBARA SIGHS]
409
00:24:21,962 --> 00:24:25,632
It was... It was...
It was just a distraction. It was...
410
00:24:27,509 --> 00:24:29,678
It was just a kiss. [SIGHS]
411
00:24:30,898 --> 00:24:32,066
Where did it happen?
412
00:24:34,516 --> 00:24:36,101
Um, at his apartment.
413
00:24:38,418 --> 00:24:41,214
- I wanted to see his art.
- At his apartment?
414
00:24:42,608 --> 00:24:44,568
- That's all.
- You wanted to see his...
415
00:24:45,134 --> 00:24:46,593
piece of his art? [CHUCKLES]
416
00:24:46,653 --> 00:24:48,739
- Don't, Rusty.
- [CHUCKLING]
417
00:24:59,716 --> 00:25:00,686
[BARBARA SIGHS]
418
00:25:00,710 --> 00:25:02,419
- Did you fuck him?
- No.
419
00:25:04,505 --> 00:25:05,589
No.
420
00:25:10,228 --> 00:25:11,938
Why are you telling me this now?
421
00:25:13,680 --> 00:25:16,934
[STAMMERS] I-I want
to be honest with you.
422
00:25:20,315 --> 00:25:23,527
I thought we were being honest
with each other.
423
00:25:23,607 --> 00:25:27,486
I'm on trial... for my life.
424
00:25:29,613 --> 00:25:30,614
Honest?
425
00:25:33,450 --> 00:25:34,535
I know.
426
00:25:35,452 --> 00:25:38,121
You come in every day and you grind me.
427
00:25:38,652 --> 00:25:39,987
You grind me.
428
00:25:40,040 --> 00:25:42,644
"What happened here?"
"What happened there?"
429
00:25:42,668 --> 00:25:44,818
"Why didn't you tell me this
about you and her?"
430
00:25:45,128 --> 00:25:46,839
Question after question.
431
00:25:47,348 --> 00:25:50,393
And when I tell you,
"I'm just trying to be honest,
432
00:25:50,418 --> 00:25:52,504
I'm just trying to... [BREATHES SHAKILY]
433
00:25:52,553 --> 00:25:54,364
...tell you what happened
the best I can remember it.
434
00:25:54,388 --> 00:25:58,082
I... I can't give you the reasoning
all the time,"
435
00:25:58,350 --> 00:26:01,663
you just... You just grind me
over and over again.
436
00:26:01,687 --> 00:26:03,164
- That is not fair.
- Over.
437
00:26:03,188 --> 00:26:07,252
It's not fair?
It's not fair, Barbara? What's fair?
438
00:26:07,276 --> 00:26:08,628
What's fair now?
439
00:26:08,652 --> 00:26:09,987
How does it feel?
440
00:26:10,487 --> 00:26:11,464
What?
441
00:26:11,488 --> 00:26:14,575
How's it feel?
To make a fucking mistake?
442
00:26:15,450 --> 00:26:16,535
Fuck's sake.
443
00:26:17,661 --> 00:26:21,081
- Fuck you, Rusty.
- Fuck me? Fuck me?
444
00:26:27,588 --> 00:26:31,049
[BREATHING SHAKILY, STAMMERING]
445
00:26:48,984 --> 00:26:50,277
[SIGHS]
446
00:27:58,136 --> 00:28:00,826
- [KYLE] I'm out.
- [BARBARA] Are my keys in the kitchen?
447
00:28:04,852 --> 00:28:06,079
Can you clean your bowls, please?
448
00:28:06,103 --> 00:28:07,288
- I will.
- They're right here.
449
00:28:07,312 --> 00:28:09,999
- Don't forget your geometry homework.
- [KYLE] It's in my bag.
450
00:28:10,023 --> 00:28:12,961
- Are you coming?
- No, I'm meeting Lorraine.
451
00:28:12,985 --> 00:28:14,319
- And I'm late.
- Barbara?
452
00:28:16,405 --> 00:28:17,966
[BARBARA] Kyle, you got your lunch?
453
00:28:17,990 --> 00:28:19,074
[KYLE] Yeah.
454
00:28:20,117 --> 00:28:22,536
[DOOR OPENS, CREAKS]
455
00:28:23,954 --> 00:28:24,955
[DOOR CLOSES]
456
00:28:34,506 --> 00:28:37,342
I could go. I'm a good seat filler.
457
00:28:39,636 --> 00:28:44,540
Oh, honey. No, that's all right. I'm...
I'm... I'm okay. Really, I'm good.
458
00:28:55,108 --> 00:28:57,235
I'm sorry if I upset you last night.
459
00:29:25,057 --> 00:29:27,285
[LORRAINE] Now, why would you tell him?
460
00:29:27,309 --> 00:29:30,038
- I don't know, Lorraine. [SIGHS]
- That was a terrible idea.
461
00:29:30,062 --> 00:29:31,146
I know.
462
00:29:32,397 --> 00:29:34,983
It's just that lately we've... [SIGHS]
463
00:29:36,109 --> 00:29:37,236
I thought...
464
00:29:38,612 --> 00:29:41,174
I felt we were connecting again.
465
00:29:41,198 --> 00:29:42,449
- I felt...
- Uh-huh.
466
00:29:44,076 --> 00:29:45,595
...close and safe.
467
00:29:45,619 --> 00:29:47,305
- And...
- Okay.
468
00:29:47,329 --> 00:29:52,060
[SIGHS] ...the whole Clifton thing
just suddenly felt so oppressive
469
00:29:52,084 --> 00:29:55,730
and... [INHALES DEEPLY]...I needed...
I just...
470
00:29:55,754 --> 00:29:57,422
- [SIGHS]
- Blurted it out.
471
00:29:59,383 --> 00:30:00,360
Yeah.
472
00:30:00,384 --> 00:30:02,219
And it didn't go well?
473
00:30:06,181 --> 00:30:07,182
No.
474
00:30:08,559 --> 00:30:11,579
Which is why you are not
going to court alone anymore.
475
00:30:11,603 --> 00:30:13,206
I will be there next to you.
476
00:30:13,230 --> 00:30:15,839
I'll go back, just not today.
477
00:30:17,025 --> 00:30:21,036
Today, they've got all the stuff
they pulled from his computer
478
00:30:21,060 --> 00:30:22,507
and hers.
479
00:30:22,531 --> 00:30:23,550
- [SCOFFS]
- Yeah.
480
00:30:23,574 --> 00:30:25,770
I don't think I can sit through that,
481
00:30:25,794 --> 00:30:28,304
listening to all his
declarations of love...
482
00:30:28,328 --> 00:30:30,581
- Oh, God.
- ...et cetera, et cetera.
483
00:30:31,707 --> 00:30:34,918
You know, the night she was killed,
he texted her 30 times?
484
00:30:35,711 --> 00:30:36,712
Oh, my God.
485
00:30:37,337 --> 00:30:40,108
Honestly, I think it's the most
damning part of the whole case.
486
00:30:40,132 --> 00:30:41,383
Thirty times?
487
00:30:44,261 --> 00:30:46,614
And the father
has just filed for a protective order,
488
00:30:46,638 --> 00:30:48,658
trying to prevent his
son from testifying.
489
00:30:48,682 --> 00:30:50,910
- [NICO] You gotta be kidding me.
- I'm denying the motion.
490
00:30:50,934 --> 00:30:52,704
But I'm mindful of
where he's coming from.
491
00:30:52,728 --> 00:30:55,123
This day threatens to wreak
a lot of emotional havoc
492
00:30:55,147 --> 00:30:56,833
for a kid who's already had too much.
493
00:30:56,857 --> 00:30:59,335
- [NICO] He's a material witness. So...
- [LARYN] Let me finish.
494
00:30:59,359 --> 00:31:02,529
I'd like to spare this family
any more unnecessary pain,
495
00:31:02,729 --> 00:31:05,148
whether it's unnecessary or not.
496
00:31:05,405 --> 00:31:10,632
Now, this case is murder two at best
and you know it.
497
00:31:11,079 --> 00:31:14,434
Even your own witness testified
that it was likely an unplanned killing.
498
00:31:14,458 --> 00:31:15,685
You'll never get murder one.
499
00:31:15,709 --> 00:31:18,710
And my instruction
won't help you up that hill.
500
00:31:19,796 --> 00:31:23,234
You walking free strikes me
as a bit of a stretch as well.
501
00:31:23,258 --> 00:31:25,820
Voluntary manslaughter
seems like a good place to land.
502
00:31:25,844 --> 00:31:26,970
- Not a chance.
- No.
503
00:31:29,515 --> 00:31:31,034
You get a conviction.
504
00:31:31,058 --> 00:31:33,036
You get to resume your life
in eight years.
505
00:31:33,060 --> 00:31:35,413
- That seems like a bargain.
- I'm not accepting any conviction.
506
00:31:35,437 --> 00:31:37,832
A dismissal and an apology
is the only thing that I will accept.
507
00:31:37,856 --> 00:31:39,209
[SCOFFS]
508
00:31:39,233 --> 00:31:41,133
Last off-ramp, boys.
509
00:31:42,903 --> 00:31:44,905
Anybody care to blink?
510
00:31:47,241 --> 00:31:49,201
[CHUCKLES] Fine.
511
00:31:50,744 --> 00:31:53,997
You'll both tread
with care with the boy.
512
00:31:58,919 --> 00:32:00,921
[CHATTERING ON TV]
513
00:32:04,967 --> 00:32:05,968
[SIGHS]
514
00:32:12,349 --> 00:32:13,350
Jay?
515
00:32:21,650 --> 00:32:22,818
Hey, sweetie.
516
00:32:24,069 --> 00:32:26,738
Hey. Hey, sweetie.
517
00:32:27,698 --> 00:32:29,116
You wanna go upstairs to bed?
518
00:32:30,492 --> 00:32:32,244
- Run upstairs to bed.
- Mm-mmm.
519
00:33:02,816 --> 00:33:05,027
[SIGHS]
520
00:33:25,005 --> 00:33:26,340
[RUSTY] You remember when they were...
521
00:33:27,758 --> 00:33:31,136
they were little and they would sleep,
we would watch them for hours.
522
00:33:33,305 --> 00:33:34,765
Angel mode.
523
00:34:10,052 --> 00:34:11,305
Why do you stay?
524
00:34:30,696 --> 00:34:35,492
The same reason... you do. [SIGHS]
525
00:34:49,130 --> 00:34:51,132
[REPORTERS CLAMORING]
526
00:34:53,909 --> 00:34:57,830
Michael, you and I met before,
where I extended my condolences.
527
00:34:57,855 --> 00:34:59,481
I'd like to do so again now.
528
00:34:59,516 --> 00:35:02,453
Both for the loss of your mother
but also for the trauma
529
00:35:02,477 --> 00:35:04,747
- of being here in court today.
- [CLEARS THROAT]
530
00:35:04,771 --> 00:35:06,624
It's a terrible thing
we're asking you to do,
531
00:35:06,648 --> 00:35:10,753
but it's because a terrible,
terrible thing happened to your mother.
532
00:35:10,777 --> 00:35:11,921
Mr. Molto.
533
00:35:11,945 --> 00:35:14,186
I'd like to direct your attention to
the night
534
00:35:14,210 --> 00:35:15,383
that your mother was murdered.
535
00:35:15,407 --> 00:35:17,051
Can you tell me where you were?
536
00:35:17,075 --> 00:35:18,303
I had dinner at home.
537
00:35:18,327 --> 00:35:21,431
I watched some TV or something.
Maybe played video games.
538
00:35:21,455 --> 00:35:23,433
I left the house later and went there.
539
00:35:23,457 --> 00:35:26,019
So just to be clear,
you went from the house
540
00:35:26,043 --> 00:35:28,354
where you live with your father,
Dalton Caldwell,
541
00:35:28,378 --> 00:35:31,316
and then you said you went there.
Where... Where is there?
542
00:35:31,340 --> 00:35:32,484
[MICHAEL] To my mother's house.
543
00:35:32,508 --> 00:35:34,235
[TOMMY] To do what?
544
00:35:34,259 --> 00:35:36,321
[MICHAEL]
My mother and I didn't get along much.
545
00:35:36,345 --> 00:35:37,596
She didn't want me around.
546
00:35:38,180 --> 00:35:41,767
I was not invited.
It caused me some confusion.
547
00:35:42,053 --> 00:35:45,473
And sometimes I would just go
to the house to watch.
548
00:35:45,924 --> 00:35:46,956
Watch?
549
00:35:46,980 --> 00:35:50,210
To see the life that
she preferred that I'd not be a part of.
550
00:35:50,234 --> 00:35:53,237
Which I think I've explained
all of this to you before.
551
00:35:54,238 --> 00:35:55,882
[TOMMY]
Did you go to your mother's house a lot?
552
00:35:55,906 --> 00:35:59,636
Every now and then. I don't know.
Like, once or twice a month.
553
00:35:59,660 --> 00:36:01,679
What would you do when you were there?
554
00:36:01,703 --> 00:36:04,307
Mainly, I'd just stare at the house
from a distance in the dark
555
00:36:04,331 --> 00:36:05,791
so she wouldn't see me.
556
00:36:06,291 --> 00:36:09,562
Sometimes I would see people come in.
Mostly him.
557
00:36:09,586 --> 00:36:13,650
Note that the witness has indicated
the defendant, Rusty Sabich.
558
00:36:13,674 --> 00:36:14,692
I knew what they were doing.
559
00:36:14,716 --> 00:36:16,528
- Objection.
- [LARYN] Uh, sustained.
560
00:36:16,552 --> 00:36:18,696
Just answer the questions
you're asked, Michael.
561
00:36:18,720 --> 00:36:21,449
And if at anytime
you feel like you need to take a break,
562
00:36:21,473 --> 00:36:22,891
just let me know, okay?
563
00:36:23,851 --> 00:36:25,745
- Yeah.
- [LARYN] Let's get to it.
564
00:36:25,769 --> 00:36:27,437
[TOMMY] Okay. [INHALES SHARPLY]
565
00:36:28,413 --> 00:36:29,796
So you took these videos?
566
00:36:30,315 --> 00:36:31,316
[MICHAEL] Yes.
567
00:36:32,568 --> 00:36:33,878
June 16th.
568
00:36:33,902 --> 00:36:37,131
And can you read the time stamp
at the top of the video?
569
00:36:37,155 --> 00:36:39,201
[MICHAEL] Yeah. "9:49 p.m."
570
00:36:49,543 --> 00:36:53,857
[TOMMY] And again, was this
the video you took at 9:49 p.m.,
571
00:36:53,881 --> 00:36:56,258
- the night your mother was murdered?
- [MICHAEL] Yes.
572
00:36:59,469 --> 00:37:02,222
Subsequent to your mother's death,
you texted the defendant?
573
00:37:02,559 --> 00:37:03,658
[MICHAEL] Yes.
574
00:37:03,682 --> 00:37:04,868
What did you text him?
575
00:37:04,892 --> 00:37:07,829
[MICHAEL] I texted him,
"You were there. I saw you."
576
00:37:07,853 --> 00:37:09,706
I saw you what?
577
00:37:09,730 --> 00:37:11,646
At the house when I took that video.
578
00:37:12,524 --> 00:37:14,193
[TOMMY] Did you ask to meet
with the defendant?
579
00:37:14,735 --> 00:37:16,737
- [MICHAEL] Yes.
- Why did you ask to meet with him?
580
00:37:17,446 --> 00:37:20,615
Well, because I wanted to look into the
eyes
581
00:37:20,639 --> 00:37:22,093
of the man who murdered my mother.
582
00:37:22,117 --> 00:37:23,827
- Objection.
- [LARYN] Sustained.
583
00:37:25,662 --> 00:37:26,864
So after you asked for the meeting,
584
00:37:26,888 --> 00:37:29,225
did you and the defendant in fact meet?
585
00:37:29,249 --> 00:37:31,519
- [MICHAEL] Yes.
- [TOMMY] What did you talk about?
586
00:37:31,543 --> 00:37:34,564
[MICHAEL] He... He asked me why
I wanted to meet, and I told him
587
00:37:34,588 --> 00:37:36,136
because I wanted to look into the eyes
588
00:37:36,160 --> 00:37:37,317
of the man who murdered my mother.
589
00:37:37,341 --> 00:37:38,401
Objection, Your Honor.
590
00:37:38,425 --> 00:37:42,554
Sustained.
The witness is stating his opinion only.
591
00:37:43,430 --> 00:37:45,825
[TOMMY] Did you accuse the defendant
of murdering your mother?
592
00:37:45,849 --> 00:37:47,935
- [MICHAEL] I did.
- [TOMMY] How did he respond?
593
00:37:49,269 --> 00:37:50,312
He denied it.
594
00:37:51,188 --> 00:37:52,499
But I could see he was lying.
595
00:37:52,523 --> 00:37:54,042
- [RAYMOND] Objection.
- [LARYN] Sustained.
596
00:37:54,066 --> 00:37:56,377
Michael, you can state your impressions
597
00:37:56,401 --> 00:37:58,904
but please don't offer them
as facts, okay?
598
00:37:59,988 --> 00:38:00,965
Yeah.
599
00:38:00,989 --> 00:38:04,636
Did you ever have a conversation
with your mother about the defendant?
600
00:38:04,660 --> 00:38:06,721
Like I said, we weren't very close.
601
00:38:06,745 --> 00:38:08,598
She didn't share much.
602
00:38:08,622 --> 00:38:10,683
But about two weeks before she died,
603
00:38:10,707 --> 00:38:13,770
she told me that she was having
some trouble with a man at work.
604
00:38:13,794 --> 00:38:15,730
It was my impression
605
00:38:15,754 --> 00:38:18,399
that it was the same man
she was romantically involved with.
606
00:38:18,423 --> 00:38:20,133
[TOMMY] Did she say anything else?
607
00:38:21,218 --> 00:38:22,904
That she was becoming afraid of him.
608
00:38:22,928 --> 00:38:24,823
[TOMMY]
You have any idea who that might be?
609
00:38:24,847 --> 00:38:27,530
- Objection. Speculation.
- I'll allow it.
610
00:38:29,799 --> 00:38:32,218
My impression was it was the same man
611
00:38:32,243 --> 00:38:34,454
- I had the impression murdered her.
- Objection.
612
00:38:34,479 --> 00:38:37,106
The same man I took
pictures of the night she was killed.
613
00:38:37,150 --> 00:38:38,336
- Objection.
- [LARYN] Sustained.
614
00:38:38,360 --> 00:38:41,154
Only questions asked, Michael.
Please, don't volunteer.
615
00:38:43,423 --> 00:38:45,175
Thank you, Michael. That's all I have.
616
00:38:46,696 --> 00:38:47,697
Michael.
617
00:38:49,204 --> 00:38:51,850
[BREATHING HEAVILY]
618
00:38:51,874 --> 00:38:53,834
You have a lot of impressions,
don't you?
619
00:38:54,501 --> 00:38:57,063
You have an impression
that your mom was scared.
620
00:38:57,087 --> 00:39:03,069
You have an impression that it was
the man that she was sleeping with
621
00:39:03,093 --> 00:39:04,487
that she was afraid of.
622
00:39:04,511 --> 00:39:06,990
Impression.
That's a funny word, impression.
623
00:39:07,014 --> 00:39:08,974
Let's talk about that word for a minute.
624
00:39:10,767 --> 00:39:12,625
What does that word mean? It means...
625
00:39:13,562 --> 00:39:19,234
[SIGHS] ...the belief or the faith
in something that is unseen,
626
00:39:20,336 --> 00:39:21,587
right?
627
00:39:27,034 --> 00:39:28,035
[LARYN] Counsel?
628
00:39:30,161 --> 00:39:32,497
[DISTORTED] Mr. Horgan,
do you have a question?
629
00:39:36,960 --> 00:39:39,588
- [SPECTATORS CLAMORING]
- Ray? Ray?
630
00:39:41,924 --> 00:39:45,074
- Ray? Ray? Ray, Ray, Ray?
- I'm his wife. I'm his wife.
631
00:39:53,101 --> 00:39:56,188
[NO AUDIBLE DIALOGUE]
632
00:40:11,616 --> 00:40:14,286
[DEFIBRILLATOR WHIRS, BEEPS]
633
00:40:18,669 --> 00:40:22,214
- [DEFIBRILLATOR WHIRS, BEEPS CLEARLY]
- [NORMAL AUDIO RESUMES]
634
00:40:23,173 --> 00:40:24,859
- [EMT 1] Still no pulse.
- [RUSTY] Again.
635
00:40:24,883 --> 00:40:26,277
- [DEFIBRILLATOR WHIRS]
- [EMT 1] Ready?
636
00:40:26,301 --> 00:40:28,696
- Three, two, one, clear.
- [RUSTY] It's okay. It's okay.
637
00:40:28,720 --> 00:40:29,888
[DEFIBRILLATOR THUDS]