The Trial | Full Movie | Larry Bagby | Clare Carey | Nikki Deloach

0:30 children playing)( skidding, crash)♪( skidding,

2:57 crash)( honking)( phone ringing) HELLO.

3:28 I'M FINE.

3:29 THANK YOU FOR ASKING.

3:34 YES.

3:37 IS THIS PERSONAL, JUDGE?

3:43 ALL RIGHT.

3:45 sniffles) UH, GIVE ME 30 MINUTES.

3:54 sighs) MAC, HERE'S AN ORDER APPOINTING YOU

4:07 TO REPRESENT PETER THOMASON IN THE HIGHTOWER MURDER CASE.

4:11 GENE NELSON'S THE PUBLIC DEFENDER.

4:12 HE CALLED AN HOUR AGO WITH A CONFLICT

4:15 OF INTEREST WITH ONE OF THE GOVERNMENT WITNESSES.

4:17 NOW, IF THERE'S A CONVICTION, I CAN'T RISK A HABEAS CORPUS DOWN THE ROAD

4:23 FROM SOME BLEEDING-HEART LAWYER BASED ON INEFFECTIVE ASSISTANCE OF COUNSEL!

4:29 I'M RETIRED.

4:31 NO, YOU QUIT, BUT LAST I CHECKED,

4:34 YOU STILL HAVE A LAW LICENSE, AND YOU STILL LIVE IN MY DISTRICT.

4:41 LET SOMEONE ELSE MAKE A NAME FOR THEMSELVES.

4:44 I CAN'T APPOINT SOMEONE WHO'S ONLY HANDLED A FEW

4:47 NOLO PLEAS IN TRAFFIC COURT TO A MURDER CHARGE.

4:52 NOW, I CAN ORDER YOU TO DO THIS.

5:04 WHEN YOU GONNA START LIVING AGAIN, MAC?

5:12 THERE WOULD'VE BEEN A TIME WHEN YOU WOULD'VE ASKED ME TO ORDER YOU.

5:18 I'M NOT THAT LAWYER ANYMORE.

5:21 TALK WITH GENE, AND MEET WITH THE DEFENDANT, AND COME SEE ME MONDAY MORNING.

5:33 HEY, GENE, YOU GOT A MINUTE?

5:35 THE JUDGE WANTS ME TO SPEAK TO PETER THOMASON.

5:38 I THOUGHT YOU RETIRED.

5:39 YEAH, WELL, WHAT CAN YOU TELL ME ABOUT THE CASE?

5:42 THEY FOUND THE GIRL IN THE CAR, BUT SHE DIDN'T DIE FROM THE ACCIDENT.

5:45 SHE WAS STRANGLED.

5:47 COPS FOUND THOMASON WANDERING AROUND THE SCENE WITH THE KEYS IN HIS POCKET.

5:50 HE WAS DOPED UP, CLAIMS HE CAN'T REMEMBER ANYTHING.

5:53 ANY WITNESSES?

5:53 NOT TO THE MURDER.

5:54 POLICE REPORT MENTIONS A GUY IN A PICKUP

5:56 SAW THE GIRL'S PORSCHE HEADING UP THE MOUNTAIN.

5:59 ANYTHING ELSE?

6:01 JOE WHETSTONE JUST MADE AN OFFER.

6:03 JOE WHETSTONE?

6:05 ALEX HIGHTOWER DIDN'T TRUST THE LOCAL D.A.

6:06 TO DO A GOOD JOB, SO HE HIRED WHETSTONE AS SPECIAL PROSECUTOR.

6:10 WHAT'S THE OFFER?

6:11 TWENTY-FIVE YEARS TO SERVE.

6:13 THOMASON WILL BE YOUNGER THAN YOU WHEN HE GETS OUT.

6:16 YEAH.

6:17 DOES THOMASON KNOW ABOUT THE OFFER?

6:20 NOT YET.

6:21 GETTING HIM TO TAKE A PLEA WILL BE A LOT

6:24 EASIER FOR YOU THAN CONVINCING A JURY TO LET HIM GO.

6:26 YEAH.

6:26 HE'D BE A FOOL IF HE DOESN'T TAKE THE DEAL.

6:30 THIS CASE IS A DOG.

6:35 guard speaking)( alarm buzzes) PETER?

7:19 MAC McCLAIN.

7:21 IT'S PETE.

7:23 OKAY.

7:23 PETE.

7:24 THE PUBLIC DEFENDER THAT WAS GONNA REPRESENT YOU HAS

7:27 A CONFLICT OF INTEREST AND CAN'T HANDLE THE CASE.

7:30 THE JUDGE HAS ASKED ME TO TAKE IT.

7:32 THE PROSECUTION HAS MADE AN OFFER— 25 YEARS— WHICH,

7:36 AT YOUR AGE, IS A LOT BETTER THAN LIFE.

7:40 TWENTY-FIVE YEARS?

7:40 MM-HMM.

7:45 DO I HAVE TO SAY I'M GUILTY?

7:45 YEP.

7:47 NO WAY.

7:48 I DIDN'T DO IT.

7:50 DID YOU MAKE A STATEMENT TO THE POLICE?

7:53 I-I DON'T THINK SO.

7:55 YOU DON'T THINK SO.

7:57 I DON'T REMEMBER.

7:57 YOU DON'T REMEMBER.

7:59 I REMEMBER PICKING ANGELA UP AND TAKING HER TO DINNER.

8:04 THE NEXT THING I REMEMBER IS A CAMERA FLASHING

8:06 A BRIGHT LIGHT WHEN THEY TOOK MY PICTURE HERE.

8:08 DID YOU TAKE ANY DRUGS?

8:10 NO.

8:10 THEN CAN YOU EXPLAIN WHY THERE WERE DRUGS IN YOUR SYSTEM?

8:14 NO.

8:16 RIGHT.

8:22 ONE LAST QUESTION.

8:25 HOW CAN YOU SAY YOU'RE INNOCENT IF YOU DON'T REMEMBER ANYTHING?

8:32 BECAUSE YOU DON'T KILL SOMEONE THAT YOU LOVE.

8:44 DO YOU NEED ANYTHING?

8:51 THERE'S, UH, THERE'S NOT A LOT TO DO HERE.

8:55 THINK SOMEBODY CAN GO GET SOME BOOKS FROM MY APARTMENT?

9:03 MAKE A LIST.

10:30 WHAT DO YOU WANT?

10:32 JUDGE DANIELSON WANTS ME TO DEFEND A MURDER CASE.

10:34 YOU'RE IN NO SHAPE TO HANDLE A MURDER CASE.

10:37 HE THINKS I AM.

10:38 JUDGE DANIELSON'S BEEN ON THE BENCH TOO LONG.

10:42 THERE'S A PLEA OFFER.

10:44 I WENT TO THE JAIL AND SPOKE TO THE DEFENDANT.

10:47 HE DOESN'T WANT TO TAKE IT.

10:49 CLAIMS HE WOULD'VE NEVER DONE ANYTHING TO HURT HER.

10:52 THAT'S CONVINCING.

10:57 HE REMINDS ME OF MY SON.

10:59 WHICH ONE?

11:02 ZACH.

11:02 SOMETHING ABOUT THE LOOK IN HIS EYES, THE WAY HE TALKS.

11:08 THAT'S NO REASON TO GET INVOLVED.

11:11 YOU'RE NOT THE ONLY ONE THAT LOST LAURA AND THE BOYS.

11:14 SHE WAS MY SISTER, SO WHATEVER REASONS YOU GOT TO HELP THIS KID,

11:19 WHOEVER HE REMINDS YOU OF, WILL NOT FIX YOU, WILL NOT BRING THEM BACK.

11:31 MAC.

11:36 SAUSAGE BISCUITS.

11:37 YOU'RE GETTING TOO SKINNY.

12:31 sighs) HMM.

12:55 clears throat) LET'S SEE...

13:28 COME IN.

13:35 I'LL DO IT.

13:38 HERE'S YOUR ORDER.

13:41 TRY TO FILE ANY ADDITIONAL MOTIONS AS SOON AS YOU CAN.

13:44 OH...

13:46 CAN I GET AN ADVANCE TO PAY AN ASSISTANT?

13:50 YOU BET.

13:51 TO HIRE AN INVESTIGATOR.

13:53 YOU GOT IT.

13:54 AFTER THIS IS OVER, I'LL LET YOU REST IN PEACE.

14:11 sighs) LOOKS LIKE YOU'RE HAVING FUN.

14:14 OH, YEAH.

14:15 ABOUT AS MUCH FUN AS WHEN I GOT BRACES.

14:19 WELL, WHY DON'T YOU COME BACK TO WORK FOR ME?

14:21 YOU'RE RETIRED.

14:21 YEAH.

14:25 BUT THE JUDGE HAS MADE ME AN OFFER I CAN'T REFUSE.

14:34 AM I GETTING PAID?

14:35 YES, BUT I CAN'T PROMISE YOU ONE OF THOSE APRONS.

14:44 dish breaks) Man: HEY, MINDY, CAN YOU CLEAN THIS UP?

15:04 DON'T SAY TOO MUCH, OR YOU'LL TALK ME OUT OF IT.

15:32 ALL RIGHT, ANY QUESTIONS?

15:35 YES.

15:35 DID HE KILL HER?

15:38 WELL, YOU KNOW THAT'S THE WRONG QUESTION.

15:41 WHAT IS THE EVIDENCE?

15:43 THAT'S WHAT YOU TWO ARE GONNA HELP ME FIND OUT.

15:46 PETE THOMASON SAYS HE DOESN'T REMEMBER ANYTHING.

15:49 WE NEED AN EXPERT TO SHRINK HIS HEAD AND FIND OUT WHAT'S IN IT.

15:53 HAVE YOU GUYS EVER HEARD OF DR.

15:55 ANNA WILKES?

15:53 NO.

15:56 WELL, MIKE BENDER IN ROSSVILLE SAYS SHE HAS A GOOD

15:59 REPUTATION WITH THEIR JUDGES AND SHE STANDS HER GROUND IN COURT.

16:03 GET SOME REFERENCES AND SET UP AN APPOINTMENT.

16:05 WILL DO.

16:05 clears throat) THE JURY READS THE NEWSPAPER.

16:09 WE NEED TO MAKE OUR OWN PRESS RELEASE.

16:11 MY BOYFRIEND EDDIE CAN DO IT.

16:12 HE WORKS FOR THE PAPER.

16:13 MMM...

16:13 YOUR BOYFRIEND EDDIE IS NOT THE SHARPEST TOOL IN THE SHED.

16:17 YOU WRITE IT.

16:19 MAKE IT SOUND LIKE ME.

16:20 WELL, THAT SHOULD BE EXCITING.

16:22 GENE NELSON'S FILE IS A MESS.

16:24 I WANT YOU TO GO THROUGH IT AND TAB ANYTHING YOU THINK IS IMPORTANT.

16:28 OKAY.

16:29 REASONABLE DOUBT.

16:30 WHAT DOES THAT MEAN?

16:32 A REASON WHY HE'S NOT GUILTY.

16:34 EXACTLY.

16:34 RIGHT NOW, THIS PIECE OF PAPER IS EMPTY.

16:36 BEFORE WE GO TO TRIAL, I WANT IT TO BE FULL.

16:39 THERE'S OVER 100 PEOPLE ON THIS WITNESS LIST.

16:42 A BUNCH OF THEM FROM HIS MARINE CORPS UNIT.

16:44 YOU WANT ME TO RUN THEM ALL DOWN?

16:46 NO, THAT'S A PROSECUTOR'S TRICK TO TRY TO WEAR US OUT.

16:49 WE'RE NOT GONNA LET THAT HAPPEN.

16:51 I WANT YOU TO START HERE.

16:53 RODNEY MacFARLAND.

16:53 HE'S THE GUY WHO SAID HE SAW ANGELA'S CAR ON THE ROAD.

16:56 HE LIVES UP ON GRASSY MOUNTAIN.

16:58 AFTER THAT, I WANT YOU TO SPEAK TO ANGELA'S COLLEGE FRIENDS,

17:01 SEE IF THEY KNOW ANYTHING, ALL RIGHT?

17:04 JOE WHETSTONE...

17:05 IS A FORMIDABLE OPPONENT.

17:08 HE'S A GOOD PROSECUTOR WITH THE POWER OF THE STATE BEHIND HIM.

17:11 HE'S GONNA TRY TO STEAMROLL US AND OUR CLIENT,

17:14 BUT WE'RE NOT GONNA LET THAT HAPPEN, RIGHT?

17:19 LET'S GET TO WORK.

17:21 Anna: WELCOME, EVERYONE.

17:23 IT'S GREAT TO SEE YOU.

17:25 WHO WANTS TO HELP ME PASS THESE OUT?

17:27 THANK YOU.

17:28 LET'S ALL TAKE A SEAT.

17:30 HEY, MARY.

17:30 HI.

17:33 ALL RIGHT.

17:36 WHY DON'T WE GET STARTED?

17:38 SO...

17:39 DID ANYBODY FACE A STRUGGLE THIS WEEK THAT THEY'D BE WILLING TO SHARE?

17:49 I, UH, I WENT TO THE GROCERY STORE WITH A FRIEND,

17:53 AND I SAW A BOX OF JODIE'S FAVORITE COOKIES.

17:57 AND I JUST...

17:58 I BURST INTO TEARS AND I RAN OUT OF THE STORE.

18:03 I'M SORRY, IT WAS JUST— IT WAS VERY EMBARRASSING.

18:06 YOU MAY'VE FELT EMBARRASSED, BUT MOMENTS LIKE THAT ARE GONNA HAPPEN.

18:10 GRIEF IS LIKE A RIVER.

18:12 YOU CAN'T DAM IT UP, AND YOU CAN'T MAKE IT GO FASTER.

18:16 YOU JUST HAVE TO ALLOW GOD TO TAKE YOU AT HIS PACE.

18:21 ALL RIGHT, TAKE CARE, YOU GUYS.

18:23 SEE YOU NEXT TIME.

18:26 INTERESTING MEETING.

18:30 WHAT'S YOUR GOAL?

18:31 THERE'S A TIME TO MOURN AND A TIME TO HEAL.

18:34 WE PROVIDE A TIME AND A PLACE FOR HEALING.

18:39 WHAT'S YOUR SUCCESS RATE?

18:40 WELL, WHEN YOU TRY TO DO IT BY YOURSELF, NOT SO GOOD.

18:43 WHEN YOU ASK GOD FOR HELP, THE ODDS GO UP.

18:46 I THINK I NEED SOMETHING MORE TANGIBLE.

18:48 I CAN'T THINK OF ANYTHING MORE TANGIBLE.

18:57 MAC McCLAIN.

18:58 MY ASSISTANT CALLED YOU.

19:00 OH, YES, OF COURSE.

19:02 SORRY, I'M ANNA.

19:02 NICE TO MEET YOU.

19:04 HAVE YOU HEARD ABOUT THE CASE?

19:06 JUST WHAT I'VE READ IN THE PAPER.

19:06 UH-HUH.

19:08 WELL, MY CLIENT CLAIMS HE CAN'T REMEMBER ANYTHING.

19:11 I NEED TO FIND OUT IF HE'S SUFFERING FROM AMNESIA.

19:14 I'D ALSO LIKE YOU TO TELL ME IF YOU THINK HE'S COMPETENT TO STAND TRIAL.

19:19 WHEN WILL YOU NEED MY REPORT?

19:21 AS SOON AS POSSIBLE.

19:24 I'M SORRY FOR THE RUSH, BUT— IT'S OKAY.

19:26 WHEN SOMEONE'S LIFE IS AT STAKE, I'LL MAKE TIME.

19:30 THAT'S VERY KIND OF YOU.

19:33 rooster crows) HOWDY.

19:36 YOU RODNEY MacFARLAND?

19:38 YEAH, THAT'D BE ME.

19:40 WHAT YOU SELLING, SON?

19:43 NOTHING.

19:44 I, UH, I'M RAY MORRISON.

19:48 I WORK FOR A LAWYER.

19:50 I'M DOING A LITTLE INVESTIGATING ON THE NIGHT

19:53 THAT YOUR TRUCK GOT RUN OFF THE ROAD IN DENNISON SPRINGS.

19:56 LAWYER, HUH?

19:56 YEAH.

19:57 WELL, I AIN'T HURT, I AIN'T INJURED, YOU KNOW, SO, UH,

20:00 YOU CAN GO BACK, YOU AND YOUR BOSS, AND CHASE SOME OTHER AMBULANCE.

20:03 I DON'T— NO, NO, HE'S NOT THAT KIND OF LAWYER.

20:06 I JUST NEED TO SPEAK TO YOU FOR A FEW MINUTES.

20:10 WELL, WHAT IS IT YOU THINK WE'VE BEEN DOING HERE, SON?

20:14 chuckles) THERE WE GO.

20:15 YOU SAW ME DIP THIS IN THAT BUCKET.

20:17 TAKE YOU A LITTLE SIP OF THAT.

20:19 IT'S GOOD.

20:20 A LITTLE SIP, NOW.

20:21 DON'T DRINK IT.

20:22 GO AHEAD.

20:23 IT'S GOOD.

20:27 THERE SHE IS.

20:31 AHEM.

20:31 YOU'RE RIGHT.

20:33 BEAUTIFUL TRUCK.

20:34 YEAH, SHE'S A SWEETIE.

20:35 SHE'S PURTY.

20:36 I BOUGHT HER BRAND-NEW ON THE LOT IN BLUE RIDGE.

20:40 YOU EVER BEEN TO BLUE RIDGE?

20:41 NO, I HAVEN'T.

20:43 UH, WHAT HAPPENED HERE?

20:45 WELL, NOW, THAT HAPPENED THE NIGHT MY DAUGHTER WAS, UH, HAVING HER BABY.

20:48 I WAS IN THE TRUCK HEADED OVER THE MOUNTAIN GETTING THERE AS FAST AS I COULD,

20:52 TRYING TO GET THERE IN TIME, YOU KNOW, AND I WAS MAKING GOOD TIME.

20:55 LORD HAVE MERCY, THIS THING WILL FLAT GET UP AND GO.

20:57 LOOK AT THESE TIRES!

20:58 SEE THERE?

20:59 NEVER BUY FOREIGN TIRES, RAY.

21:01 I ALWAYS BUY AMERICAN.

21:03 EVERYTHING ON THIS WHOLE HILL BACK HERE IS MADE IN THE U.S.A.

21:07 EXCEPT FOR MY...

21:08 MY CLOCK.

21:09 I BOUGHT A RADIO CLOCK, GENERAL ELECTRIC, THINKING IT'S MADE IN PENNSYLVANIA.

21:13 GOT IT HOME, THE DANG THING SAID "MADE IN TAIWAN" ON THE BOTTOM.

21:17 YOU BELIEVE THAT?

21:18 SO, YOU WERE MAKING GOOD TIME.

21:20 I WAS, I WAS MAKING GOOD TIME.

21:22 IT WAS ABOUT MIDNIGHT.

21:24 I LOOKED AROUND THE BEND, AND HERE COME TWO CARS HEADED RIGHT FOR ME.

21:26 TWO CARS?

21:26 AIMED RIGHT AT ME, BOTH OF THEM.

21:29 ONE WAS A YELLER CAR.

21:31 THE OTHER'N WAS A— KIND OF A DARK PURPLE.

21:34 THIS COLOR?

21:34 YES, SIR, THAT COLOR RIGHT THERE.

21:36 THE, UH, THIS'N WAS TAILING THE OTHER CAR,

21:39 AND I RECKON, UH— THEM BOYS THOUGHT THEY OWNED THE ROAD,

21:42 BOTH OF THEM— BUT WHEN THE YELLER CAR RUN ME OFF THE ROAD,

21:45 I RECKON THE PURPLE CAR SIDESWIPED ME.

21:47 I DIDN'T KNOW I HADN'T BEEN HIT TILL I GOT HOME.

21:50 YOU DIDN'T TELL THE POLICE ABOUT THE OTHER CAR?

21:52 NO, NO, LIKE I SAID, DIDN'T KNOW I'D BEEN HIT UNTIL NEXT DAY.

21:55 COULD YOU TELL WHO WAS DRIVING EITHER CAR?

21:58 NO, SIR.

21:59 NO, SIR.

21:59 NEVER SAW THEM.

22:00 YOU KNOW, IT HAPPENED SO FAST, JUST...

22:02 YEAH, ALWAYS IT DOES.

22:04 NOW, YOU SAW ME TAKE THIS CHIP OF PAINT RIGHT

22:07 FROM HERE AND PUT IT IN THIS BOTTLE, DIDN'T YOU, MR.

22:11 MacFARLAND?

22:11 WELL, I RECKON I DID, SON, I'M STANDING RIGHT HERE.

22:13 CLOSE ENOUGH TO YOU TO SPIT ON YOUR SHOE.

22:18 APPRECIATE YOUR NOT DOING THAT.

22:23 SHE HAD A SIGNIFICANT AMOUNT OF ROOFIES IN HER SYSTEM.

22:26 ROOFIES?

22:27 ROHYPNOL.

22:28 IT KNOCKS YOU OUT.

22:31 ANYTHING ELSE?

22:32 NO, JUST A LITTLE BIT OF ALCOHOL.

22:35 WHAT ABOUT THOMASON?

22:37 UH, SMALL AMOUNT OF ALCOHOL, A LOT OF AMPHETAMINES.

22:40 DOESN'T ROHYPNOL CAUSE MEMORY LOSS?

22:42 YEAH, THAT'S WHY MEN GIVE IT TO WOMEN.

22:44 DID YOU TEST THOMASON'S BLOOD FOR ROHYPNOL?

22:46 MM-MM.

22:48 WOULD YOU DO THAT, PLEASE?

22:49 GET ME THE RESULTS AS SOON AS YOU CAN.

22:51 YEAH.

22:54 YOU DON'T THINK HE COULD'VE GOT A SCRATCH IN A GROCERY STORE PARKING LOT?

22:57 AH, THIS GUY DOESN'T GO TO THE GROCERY STORE.

22:59 HE'S GOT ENOUGH SQUIRRELS AND RABBITS ON THAT HILLTOP.

23:02 YOU BELIEVE HIM?

23:03 MAC, WE DRANK FROM THE SAME TIN CUP.

23:06 WE'RE PRACTICALLY KINFOLK BY NOW.

23:09 I'LL GET THIS TO A LAB, SEE WHAT THEY CAN TELL US.

23:15 WE NEED TO FIND THAT CAR.

23:26 Joe: I'LL BE RIGHT BACK.

23:29 HEY, MAC.

23:31 GOOD TO SEE YA.

23:33 SO, UH, DID GENE TELL YOU ABOUT THE PLEA OFFER?

23:37 YEP.

23:37 YOU GET THE SAME DEAL.

23:40 WHY SHOULD WE TAKE IT?

23:45 I'LL BET YOU GOT ENOUGH IN GENE'S FILE YOU CAN ANSWER THAT.

23:49 OH, BY THE WAY, YOUR CLIENT IN OUR LAST CASE, DID HE EVER GET OUT OF PRISON?

23:57 TALK TO MR.

23:59 THOMASON.

24:00 HE SHOULD TAKE THE DEAL.

24:04 HOW MANY YEARS DID YOUR OTHER CLIENT GET?

24:07 THIRTY-FIVE YEARS.

24:08 DID HE TURN DOWN THE PLEA OFFER?

24:10 YES.

24:11 FIVE YEARS.

24:13 Bailiff: ALL RISE.

24:16 GOD SAVE THE STATE OF GEORGIA AND THIS HONORABLE COURT.

24:19 THE HONORABLE JUDGE WILLIAM L.

24:22 DANIELSON PRESIDING.

24:25 BE SEATED.

24:28 WE HAVE, UH, SEVERAL MOTIONS FILED BY MR.

24:31 McCLAIN SEEKING INFORMATION UNDER BRADY V.

24:35 MARYLAND AND THE GEORGIA CRIMINAL DISCOVERY STATUTE.

24:39 MR.

24:40 WHETSTONE, WHAT IS YOUR RESPONSE?

24:42 THREE THINGS, YOUR HONOR.

24:44 FIRST, I'M DELIVERING TO MR.

24:47 McCLAIN PHOTOGRAPHS OF ANGELA HIGHTOWER WHILE SHE WAS ALIVE AND AFTER HER DEATH.

24:53 SECOND, THE STATE WOULD LIKE TO CONDUCT NO.

24:56 A PSYCHIATRIC EVALUATION.

24:58 I HAVE ATTACHED THE CREDENTIALS OF DR.

25:02 LEWIS NEWBURN.

25:07 ANYTHING ELSE, GENTLEMEN?

25:10 YES, YOUR HONOR, ONE MORE THING.

25:12 BASED ON A REVIEW OF THE FACTS

25:15 AND CIRCUMSTANCES SURROUNDING THE MURDER OF ANGELA HIGHTOWER,

25:18 THE STATE INTENDS TO SEEK THE DEATH PENALTY UPON CONVICTION OF THE DEFENDANT.

25:23 DEATH PENALTY?

25:23 SIT DOWN.

25:25 YOUR HONOR, THERE IS NO EVIDENCE OF AGGRAVATING CIRCUMSTANCE.

25:29 THE DEFENDANT IS GUILTY OF MURDER COMMITTED

25:32 IN CONJUNCTION WITH THE CRIME OF KIDNAPPING.

25:34 KIDNAPPING?

25:36 MISS HIGHTOWER AGREED TO GO TO DINNER WITH MY CLIENT.

25:38 AND A SUBSEQUENT DEVELOPMENT RENDERED HER PRESENCE WITH HIM NONCONSENSUAL.

25:41 THERE'S NOT ENOUGH EVIDENCE TO SUPPORT THAT.

25:43 SHE HAD ROHYPNOL IN HER SYSTEM.

25:45 UH, I'M NOT SURE THAT YOUR THEORY HOLDS WATER, MR.

25:49 WHETSTONE, BUT PROSECUTORIAL DISCRETION BUYS YOU A LITTLE LEEWAY.

25:53 NOW, WHAT THIS MEANS, GENTLEMEN,

25:55 IS FIRST WE WILL HAVE A TRIAL TO DETERMINE GUILT OR INNOCENCE,

26:00 AND IF THE DEFENDANT IS FOUND GUILTY,

26:03 WE WILL MOVE IMMEDIATELY TO DETERMINE THE SENTENCE.

26:10 YOUR HONOR, MAY I HAVE A MOMENT WITH MY CLIENT?

26:20 DEATH PENALTY?

26:24 OR 25 YEARS.

26:28 THAT'S IT?

26:30 THOSE ARE MY ONLY TWO OPTIONS?

26:35 YOU HAVE NO MEMORY, NO ALIBI, AND NO EXPLANATION.

26:44 clasp snaps) I DIDN'T THINK ANYONE WOULD COME.

26:58 HERE I AM.

26:59 I DIDN'T KNOW IF IT WAS IMPORTANT OR NOT ABOUT THE LETTERS.

27:04 I DON'T HAVE THE LETTERS THAT SHE GOT,

27:06 BUT I DO KNOW SHE WROTE HER DAD AFTER THE THIRD ONE.

27:10 I MEAN, I JUST DIDN'T THINK IT WAS THAT BIG OF A DEAL, BUT THEN THIS HAPPENED.

27:16 CAN YOU SHOW ME?

27:18 YEAH, I MADE COPIES.

27:20 THERE MAY BE MORE, BUT SHE ONLY WROTE TWO ON MY COMPUTER.

27:25 AND SHE WAS REALLY WORRIED ABOUT HOW HER DAD WOULD REACT.

27:28 I MEAN, IT WAS HER UNCLE.

27:32 "SPENCER, DO NOT CALL OR WRITE AGAIN.

27:36 "I DO NOT WANT TO SEE OR TALK TO YOU.

27:40 "IF I HEAR ONE MORE WORD FROM YOU, "I'LL TELL MY DAD.

27:43 I MEAN IT.

27:45 GET SOME HELP.

27:46 ANGELA." YOU SAID THERE WAS ANOTHER ONE TO HER FATHER?

27:49 YEAH.

27:54 I JUST— I DIDN'T KNOW WHAT TO DO.

27:56 I HOPE I DID THE RIGHT THING.

28:01 YES, YOU DID.

28:05 DO YOU KNOW WHETHER THESE WERE ACTUALLY SENT?

28:08 WELL, THE ONE TO HER UNCLE I MAILED MYSELF,

28:11 BUT I DON'T KNOW ABOUT THE ONE TO HER DAD.

28:13 I MEAN, SHE DIDN'T GO INTO ALL THE DETAILS.

28:16 IT WAS JUST REALLY CREEPY.

28:23 I'M REALLY GLAD YOU CAME.

28:29 Joe: SO, WHAT HAVE YOU DUG UP ABOUT McCLAIN?

28:32 HE'S REPRESENTED A LOT OF PEOPLE IN THE COUNTY OVER THE YEARS,

28:36 SOME WHO PROBABLY COULDN'T AFFORD TO PAY.

28:39 THREE YEARS AGO, HIS WIFE AND TWO SONS WERE KILLED IN A CAR WRECK.

28:43 IT WAS CHRISTMAS EVE.

28:49 SINCE THEN, HIS PRACTICE HAS BEEN SLOWLY DYING.

28:51 JUST RECENTLY HE SHUT HIS OFFICE.

28:55 SO.

28:56 WE HAVE A LAWYER WITH NOTHING TO LOSE.

29:01 THAT MAKES HIM DANGEROUS.

29:04 I WANT SOMEONE ASSIGNED TO McCLAIN AT ALL TIMES.

29:12 BUT I AM SORRY TO HEAR ABOUT HIS FAMILY.

29:15 HMM.

29:49 WELL, HE UNDERSTANDS THE NATURE OF THE CHARGES, AND HE'S NOT DELUSIONAL.

29:53 HE'S LEGALLY COMPETENT.

29:55 BUT?

29:57 HE'S DEPRESSED.

29:59 HOW DEPRESSED?

30:01 SEVERELY.

30:01 I WOULD SAY CLINICALLY.

30:03 BUT IT DOESN'T EXPLAIN THE AMNESIA.

30:06 WHAT DO YOU MAKE OF THAT?

30:08 THERE ARE SEVERAL KNOWN CAUSES, UH...

30:10 TRAUMA, A BLOW TO THE HEAD.

30:12 BUT THERE WERE NO SIGNS OF PHYSICAL INJURY.

30:14 RIGHT.

30:15 ANOTHER WOULD BE LONG-TERM DRUG OR ALCOHOL ABUSE.

30:19 DESPITE THE PRESENCE OF AMPHETAMINES, HE HAS NO HISTORY OF HABITUALLY USE.

30:23 WHICH MEANS?

30:23 HE MAY BE FAKING.

30:26 YEAH.

30:29 HAVE YOU TESTED HIM FOR ROHYPNOL, TOO?

30:31 WE'RE JUST WAITING FOR THE RESULTS TO COME BACK.

30:34 WELL, GOOD.

30:35 LET ME KNOW.

30:36 IT COULD MAKE A HUGE DIFFERENCE IN MY REPORT.

30:39 THANK YOU.

30:51 YOU THINK SHE'LL BE A GOOD WITNESS?

30:54 I BELIEVED HER.

30:57 panting) YOU COULD...

30:59 REOPEN THE OFFICE.

31:00 ANSWERING MACHINE.

31:05 OH!

31:06 AND ONE MORE THING.

31:08 YOU COULD GET ONE OF THESE, TOO.

31:13 SHE'S RIGHT ABOUT THE CELL PHONE.

31:17 SPENCER IS HER UNCLE.

31:20 HE'S NOT MUCH OLDER THAN SHE IS.

31:24 I DON'T KNOW WHY SHE DOESN'T LIKE HIM SO MUCH.

31:27 HMM.

31:32 THIS IS GONNA BE VERY HELPFUL FOR YOUR CASE.

31:36 THE STATE PSYCHIATRIST IS SITTING OVER THERE.

31:39 ANSWER HIS QUESTIONS, BUT REMEMBER— HE IS NOT YOUR FRIEND,

31:43 AND HE IS NOT HERE TO HELP YOU.

31:46 IF HE GETS OUT OF LINE, WE'LL BE WATCHING.

31:57 HE'S ALL YOURS, DOCTOR.

31:58 YOU'LL HAVE MY REPORT THE SAME DAY MR.

32:00 WHETSTONE DOES.

32:01 FAIR AND IMPARTIAL, I'M SURE.

32:05 I LOOK FORWARD TO SEEING YOU IN COURT.

32:11 HOW DO YOU THINK THAT'S GONNA GO?

32:13 NOT GOOD.

32:15 NEVER DOES.

32:16 NO.

32:26 Anna: MR.

32:27 McCLAIN.

32:30 HI.

32:30 UH, THIS IS HUNTER, MY SON.

32:33 THIS IS MR.

32:35 McCLAIN.

32:35 HUNTER.

32:36 OOH, THAT'S A GOOD GRIP.

32:39 HOW OLD ARE YA?

32:39 TEN AND A HALF.

32:41 THAT'S A GREAT AGE.

32:43 WOULD YOU CARE TO JOIN US?

32:48 OKAY.

32:52 WE'RE STARVING.

32:53 WE JUST GOT BACK FROM JACKS RIVER FALLS.

32:56 YOU'VE HEARD OF IT?

32:56 SURE.

32:58 I USED TO GO THERE ALL THE TIME WITH MY BOYS.

33:01 THERE'S A GREAT STORE ALONG THE WAY WHERE YOU CAN BUY BOILED PEANUTS.

33:05 I'VE NEVER HAD A BOILED PEANUT.

33:07 YOU'VE NEVER HAD A BOILED PEANUT?

33:09 MAN.

33:09 MY BOY ZACH COULD EAT A WHOLE BAG OF THEM.

33:12 HUNTER, WHY DON'T YOU GO SEE WHAT'S IN THE DESSERT CASE.

33:15 OKAY.

33:22 DID YOU GET MY REPORT?

33:25 YEAH, THANKS.

33:26 UH, IT'S GONNA BE VERY HELPFUL.

33:28 BUT PETE TESTED NEGATIVE FOR ROHYPNOL.

33:31 REALLY.

33:32 WHY DON'T YOU TRY TESTING HIM FOR GHB?

33:35 IT'S A CLOSE RELATIVE.

33:37 GHB.

33:39 OKAY.

33:42 THEY HAVE THREE PIECES OF PEANUT BUTTER PIE.

33:44 PEANUT BUTTER PIE!

33:46 I LOVE PEANUT BUTTER PIE.

33:48 IT'S A LOT BETTER THAN BOILED PEANUTS.

33:52 THESE PAINT CHIPS ARE FROM A MID-'90s SEDAN.

33:55 MINDY, CALL THE DEPARTMENT OF MOTOR VEHICLES.

33:58 SEE IF YOU CAN FIND A MATCH.

34:02 IN EVERY CRIMINAL CASE, YOU WANNA PUT SOMEONE ELSE ON TRIAL.

34:09 THAT'S OUR MAN.

34:11 SPENCER HIGHTOWER.

34:31 click)( sighs)( clears throat) WHAT SEEMS TO BE THE PROBLEM?

34:55 I NEED TO TAKE A LOOK AT THE FINANCIAL RECORDS FOR THE SPENCER HIGHTOWER TRUST.

35:02 THOSE ARE PRIVILEGED.

35:03 WELL...

35:04 JUDGE DANIELSON DOESN'T AGREE.

35:21 DR.

35:21 NEWBURN DOESN'T BELIEVE OUR CLIENT.

35:23 MM.

35:25 scoffs) "SOCIOPATHIC HOMICIDAL TENDENCIES." HMM, WELL...

35:30 GOD.

35:33 THAT DIDN'T SURPRISE ME.

35:33 HUH.

35:40 LET'S CALL DR.

35:41 WILKES.

35:41 TELL HER I'D LIKE TO SEE HER AS SOON AS POSSIBLE.

35:44 OKAY.

36:05 WHAT TIME ARE WE DUE BACK IN ATLANTA?

36:07 DEPOSITION STARTS AT 4:30.

36:10 IF WE'RE NOT OUTTA THERE IN 15 MINUTES, PULL THE FIRE ALARM.

36:32 UM...

36:34 PUT YOUR SHOULDER BACK.

36:37 GOOD, AND...

36:39 BEND YOUR KNEES.

36:41 OKAY, AND THROW!

36:44 SHE'S GOT YOU ALL TWISTED UP LIKE A PRETZEL.

36:47 YOU CAN'T TEACH BASEBALL FROM A BOOK.

36:49 COME HERE.

36:52 SO, JUST GET A GOOD GRIP ON THAT, AND I WANT YOU TO THROW A FASTBALL.

36:56 LET'S SEE THAT.

36:58 NICE!

36:58 GOT ANOTHER GLOVE?

36:58 YEAH.

37:03 THERE YOU GO.

37:04 THAT'S A NICE GLOVE.

37:07 IT'S MY DAD'S.

37:11 YEAH.

37:12 HE PASSED AWAY.

37:18 SORRY TO HEAR THAT.

37:20 IT'S OKAY, BUT I STILL REALLY MISS HIM.

37:26 ALL RIGHT, YOU WANT TO PUT SOME HEAT ON IT?

37:29 MM-HMM.

37:29 ALL RIGHT.

37:30 THERE YOU GO.

37:36 LET'S MAKE THIS QUICK.

37:40 MR.

37:41 HIGHTOWER.

37:44 BRING ME UP TO DATE.

37:46 WELL, THERE'S BEEN A CHANGE IN DEFENSE ATTORNEYS.

37:48 WHO IS IT?

37:49 MAC McCLAIN.

37:51 ARE YOU SURE YOU CAN HANDLE HIM?

37:52 WELL, I WOULD HOPE YOU KNOW THE ANSWER TO THAT.

37:56 HERE'S A DETAILED SUMMARY OUTLINING OUR PREPARATIONS FOR TRIAL.

38:00 IT MAY BE YOUR CASE, BUT SHE WAS MY DAUGHTER.

38:12 Mac: I'M SORRY ABOUT YOUR HUSBAND.

38:14 Anna: WHAT DID HUNTER SAY?

38:16 ONLY THAT HE PASSED AWAY AND THAT HE MISSED HIM.

38:19 WELL, HE DOESN'T HAVE THE WHOLE STORY.

38:24 IT WAS SUICIDE.

38:29 I'M SORRY.

38:32 EVENTUALLY, HE'S GONNA ASK ME QUESTIONS THAT, UH, I DON'T KNOW HOW TO EXPLAIN.

38:40 TELL HIM THE TRUTH.

38:45 IS THAT WHAT YOU TELL ALL YOUR WITNESSES?

38:48 I STARTED THAT GROUP THAT YOU CAME TO RIGHT AFTER HE DIED.

38:55 A LOT OF PEOPLE NEED A TIME AND PLACE TO HEAL...

38:58 INCLUDING ME.

39:04 clears throat) I DON'T AGREE WITH DR.

39:07 NEWBURN'S ASSESSMENT OF MY CLIENT.

39:09 HE SAID HE'S A PSYCHOTIC WITH HOMICIDAL TENDENCIES.

39:19 tolling) HEY, MARTIN.

39:29 EXCUSE ME.

39:30 GOOD MORNING, COUNSELOR.

39:33 MR.

39:34 WHETSTONE.

39:35 I NEVER HEARD FROM YA.

39:37 OF COURSE, I DIDN'T REALLY EXPECT TO.

39:40 I'VE SEEN A LOT OF GUYS LIKE YOU OVER THE YEARS, GOOD MEN,

39:44 GOOD ATTORNEYS, BUT THEY'RE TRYING TO FIX

39:47 SOMETHING IN THEMSELVES BY WAY OF THEIR CLIENTS.

39:51 IT NEVER WORKS.

39:55 YOU'RE GOING DOWN WITH THE SHIP.

40:01 DEAL'S OFF THE TABLE FOR GOOD.

40:08 THIS TRIAL IS NECESSARY BECAUSE A BEAUTIFUL, 21-YEAR-OLD WOMAN IS DEAD.

40:17 I WISH WE WEREN'T HERE TODAY.

40:21 MR.

40:22 ALEXANDER HIGHTOWER DESPERATELY WISHES WE WEREN'T HERE TODAY.

40:28 LET ME SPEAK FOR ANGELA.

40:31 LET ME WALK YOU THROUGH THE EVENTS LEADING UP TO HER MURDER THROUGH HER EYES.

40:40 THE DEFENDANT HAD WON HER TRUST, AND THE TRUST OF HER FATHER.

40:44 ON AUGUST 2nd, HE CAME TO THE HIGHTOWER HOME, SPOKE BRIEFLY WITH MR.

40:49 HIGHTOWER, AND THEN TOOK HIS DAUGHTER TO ATLANTA IN HER YELLOW PORSCHE.

40:57 NOW, I DON'T KNOW WHAT, UH, THE DEFENDANT AND ANGELA TALKED ABOUT THAT NIGHT.

41:04 I DON'T KNOW WHAT THEY ATE AT THAT QUIET LITTLE ITALIAN RESTAURANT.

41:09 BUT I DO KNOW SHE NEVER CAME HOME.

41:15 AT SOME POINT, THE DEFENDANT OFFERED ANGELA SOMETHING TO DRINK.

41:20 MIGHT'VE BEEN A SOFT DRINK, A CUP OF COFFEE,

41:23 BUT WHATEVER IT WAS, IT WAS NO ORDINARY BEVERAGE,

41:28 BECAUSE INSIDE THAT GLASS OR CUP WERE A FEW DROPS OF A COLORLESS,

41:35 ODORLESS, TASTELESS DRUG CALLED ROHYPNOL.

41:40 ROOFIES.

41:44 AS SOON AS THAT WAS IN HER SYSTEM, ANGELA WAS HELPLESS,

41:50 AND THE EVIDENCE WILL SHOW THAT THE DEFENDANT TOOK DRUGS HIMSELF ON AUGUST 2nd.

41:56 SOMETIME AROUND MIDNIGHT,

41:59 SHERIFF'S DEPUTIES RESPONDED TO A CALL AND FOUND ANGELA IN HER CAR, DEAD.

42:09 BUT SHE WASN'T KILLED IN A CAR WRECK.

42:11 SHE WAS MURDERED, AND THE DEFENDANT WAS FOUND AT THE SCENE

42:18 OF THE CRIME WITH THE KEYS TO HER CAR IN HIS POCKET.

42:23 NOW, IS THAT ALL THE EVIDENCE?

42:26 NO.

42:27 A PSYCHIATRIST WILL GIVE YOU UNDERSTANDING ABOUT THE DEFENDANT'S

42:32 MENTAL CAPACITY TO COMMIT SUCH A HORRIBLE CRIME.

42:37 POLICE WILL PIECE TOGETHER THE EVENTS OF AUGUST 2nd,

42:42 AND WHEN ALL THE EVIDENCE HAS BEEN PRESENTED, I WILL STAND HERE,

42:48 AND I WILL ASK YOU TO DO YOUR DUTY FOR THE STATE OF GEORGIA,

42:55 FOR ANGELA, AND FIND THE DEFENDANT GUILTY OF MURDER.

43:18 LADIES AND GENTLEMEN, I CANNOT THINK OF ANYTHING MORE SERIOUS

43:25 THAN DECIDING THE FATE OF ANOTHER HUMAN BEING.

43:31 WHEN WE ENTERED THE COURTROOM THIS MORNING,

43:33 THE CLOCK BEGAN TICKING ON AN EXPERIENCE THAT NONE OF US WILL EVER FORGET.

43:40 MY JOB IS TO GUIDE YOU THROUGH THIS PROCESS, NOT TO TELL YOU WHAT TO THINK,

43:46 NOT TO BULLY YOU, BUT TO TREAT YOU

43:49 WITH THE RESPECT THAT SERVICE ON THIS JURY DESERVES.

43:52 FIRST, PLEASE REMEMBER WHAT JUDGE DANIELSON SAID.

43:58 NOTHING WE LAWYERS SAY TO YOU IS EVIDENCE.

44:03 SECOND, I AGREE WITH EVERYTHING THAT MR.

44:07 WHETSTONE SAID ABOUT ANGELA HIGHTOWER.

44:09 HER LIFE WAS CUT OFF BEFORE SHE HAD A CHANCE TO LIVE IT,

44:13 AND SOMEONE SHOULD BE BROUGHT TO JUSTICE,

44:14 AND SOMEONE SHOULD BE PUNISHED FOR THAT CRIME.

44:17 HOWEVER, THE EVIDENCE WILL PROVE THAT THE PERSON MOST LIKELY

44:22 RESPONSIBLE FOR ANGELA HIGHTOWER'S DEATH IS NOT IN THIS COURTROOM...

44:28 NOT YET.

44:30 THIRD, THE PROSECUTION WILL PRESENT ITS SIDE OF THE CASE FIRST.

44:36 THE BOOK OF PROVERBS TELLS US THAT THE FIRST TO PRESENT HIS SIDE

44:40 OF THE CASE SEEMS RIGHT UNTIL ANOTHER COMES FORWARD AND QUESTIONS IT.

44:44 THIS IS WISDOM FROM THE AGES,

44:47 AND I WOULD ASK YOU TO APPLY IT TO YOUR RESPONSIBILITIES HERE TODAY.

44:53 THANK YOU.

44:58 Judge: PROCEED WITH THE STATE'S CASE, MR.

45:00 WHETSTONE.

45:00 YOUR HONOR, THE STATE CALLS...

45:04 LIEUTENANT WALTER MONROE.

45:09 Oh, no.

45:18 PLEASE INTRODUCE YOURSELF TO THE JURY, LIEUTENANT.

45:21 LIEUTENANT WALTER MONROE, UNITED STATES MARINE CORPS.

45:24 CURRENTLY SERVING AT PARIS ISLAND, SOUTH CAROLINA,

45:26 AFTER COMPLETING A TOUR OF DUTY IN IRAQ.

45:29 WELL, ON BEHALF OF THE ENTIRE COURTROOM,

45:31 I'D LIKE TO THANK YOU FOR YOUR SERVICE TO OUR COUNTRY, LIEUTENANT.

45:36 COULD YOU PLEASE TELL US HOW YOU KNOW PETER THOMASON,

45:40 THE DEFENDANT IN THIS CASE?

45:42 THOMASON WAS IN MY UNIT BEFORE HE RECEIVED A GENERAL DISCHARGE.

45:46 A GENERAL DISCHARGE?

45:48 HE DIDN'T RECEIVE AN HONORABLE DISCHARGE?

45:51 OBJECTION, YOUR HONOR.

45:52 IRRELEVANT.

45:53 YOUR HONOR, I CAN LAY THE FOUNDATION FOR THIS.

45:57 OVERRULED.

45:59 PROCEED.

46:02 NO, SIR, ACCORDING TO THE RECORDS, HE DID NOT RECEIVE AN HONORABLE DISCHARGE.

46:06 ARE THESE RECORDS IN YOUR POSSESSION?

46:08 YOUR HONOR, THESE RECORDS ARE IRRELEVANT.

46:11 YOUR HONOR, THESE ARE BUSINESS RECORDS WHICH SHOW PRIOR SIMILAR CONDUCT.

46:16 LIEUTENANT, UH, ARE YOU THE CUSTODIAN OF THESE RECORDS?

46:21 YES, SIR.

46:22 MAINTAINING THESE RECORDS IS PART OF MY DUTY AS A STAFF OFFICER.

46:27 OVERRULED.

46:30 WHY DID THE DEFENDANT NOT RECEIVE AN HONORABLE DISCHARGE?

46:35 "GROSS MISCONDUCT INVOLVING ATTEMPTED ADMINISTRATION OF AN ILLEGAL

46:38 SUBSTANCE TO A CIVILIAN." AND WHAT WAS THAT SUBSTANCE?

46:41 ROHYPNOL.

46:44 AND THE GENDER OF THE CIVILIAN?

46:46 FEMALE.

46:49 YOUR HONOR.

46:51 WE TENDER STATE'S EXHIBIT ONE.

46:57 ANY OBJECTION?

46:59 I OBJECT, YOUR HONOR, FOR THE SAME REASONS AS BEFORE.

47:02 OVERRULED.

47:04 ADMITTED.

47:05 Joe: YOUR WITNESS.

47:11 NO QUESTIONS AT THIS TIME.

47:16 YOU HAVE NO IDEA THE IMPACT THAT THIS IS GONNA HAVE ON THE JURY.

47:21 START TALKING.

47:25 JUST AFTER BOOT CAMP,

47:27 I WENT OUT ONE NIGHT WITH LIEUTENANT MONROE AND A BUDDY NAMED HARRY O'RYAN.

47:32 THEY MET SOME GIRLS, AND I WENT HOME EARLY.

47:36 I GUESS SOMETHING HAPPENED TO THE GIRL'S DRINK,

47:38 'CAUSE SHE ENDED UP IN THE HOSPITAL.

47:40 LIEUTENANT MONROE CONVINCED HARRY TO SAY THAT I DID IT.

47:47 SO, I TOOK A GENERAL DISCHARGE TO AVOID A COURT MARTIAL.

47:52 WHERE IS THIS HARRY O'RYAN NOW?

47:57 LAST I HEARD HE WAS...

47:58 HE'S OUT OF THE CORPS.

48:03 YOU BLEW IT, MAC.

48:04 MONROE WAS ON MY WITNESS LIST.

48:05 YOU SHOULD'VE LET ME DO MY JOB.

48:08 AND WHAT WERE THE RESULTS OF YOUR TESTING

48:10 FOR ROHYPNOL IN THE BLOOD SAMPLE FROM ANGELA HIGHTOWER?

48:14 POSITIVE AT A CLINICALLY SIGNIFICANT LEVEL.

48:15 WHICH MEANS?

48:15 WHICH MEANS THAT FOR A PERIOD BEFORE HER DEATH,

48:18 SHE WOULD'VE SUFFERED FROM THE EFFECTS I JUST DESCRIBED.

48:21 DISORIENTATION?

48:21 YES.

48:22 IMPAIRED JUDGMENT?

48:22 YES.

48:24 LIMITED COGNITIVE FUNCTION?

48:25 YES.

48:26 INABILITY TO PROTECT HERSELF?

48:27 YES, SHE WAS HELPLESS.

48:30 YOUR WITNESS, MR.

48:32 McCLAIN.

48:36 DOCTOR, DID YOU TEST MR.

48:38 THOMASON'S BLOOD FOR ROHYPNOL?

48:40 YES, IT WAS NEGATIVE.

48:44 HAVE YOU EVER HEARD OF GAMMA HYDROXY BUTYRATE?

48:46 YES.

48:46 IT'S NOT VERY COMMON.

48:48 IT'S KNOWN BY THE INITIALS GHB.

48:50 MM-HMM.

48:50 YOU KNOW HOW IT OPERATES?

48:52 VERY SIMILAR EFFECTS AS ROHYPNOL.

48:54 DID YOU TEST MR.

48:56 THOMASON'S BLOOD FROM THE NIGHT OF ANGELA'S DEATH FOR THE PRESENCE OF GHB?

49:00 YES.

49:00 WHAT WERE THE RESULTS?

49:03 IT WAS POSITIVE.

49:03 SO THERE WAS DISORIENTATION, IMPAIRED JUDGMENT, LIMITED COGNITIVE FUNCTION.

49:13 YES.

49:15 PETE.

49:20 WAS PETE HELPLESS, TOO?

49:22 YES, HE WAS.

49:24 THANK YOU.

49:33 We should've caught that one.

49:56 YOU REMEMBER DR.

49:58 LEWIS NEWBURN'S REPORT?

50:00 YEP, THE ONE THAT SAID OUR CLIENT WAS A PSYCHOTIC WITH HOMICIDAL TENDENCIES.

50:04 THAT'S THE ONE.

50:04 MM-HMM.

50:06 WELL, THIS IS A PHOTO RAY TOOK THE DAY HE FOLLOWED SPENCER.

50:11 GUESS WHO SPENCER WAS GOING TO SEE?

50:13 THE GUY YOU USED TO DATE, THE ONE THAT LIVED WITH HIS MOM.

50:17 WHAT WAS HIS NAME, RUPERT?

50:17 NO.

50:18 RANDALL?

50:18 NO.

50:20 RUDOLPH?

50:20 NO!

50:22 chuckles) DR.

50:24 LEWIS NEWBURN.

50:27 AND HIS NAME WAS RONNIE, BY THE WAY.

50:29 AND HIS MOTHER WAS LIVING WITH HIM!

50:32 DR.

50:32 NEWBURN, WHERE IS YOUR OFFICE LOCATED?

50:36 400 W.

50:37 LENNOX STREET.

50:38 AND THIS IS WHERE YOU SEE YOUR PATIENTS?

50:41 YES, EXCEPT FOR THOSE IN THE HOSPITAL.

50:44 IS SPENCER HIGHTOWER ONE OF YOUR PATIENTS?

50:46 NO.

50:51 HE'S A CLIENT.

50:53 I THOUGHT YOU SAW PATIENTS.

50:56 I'M HIS FINANCIAL ADVISOR, THE TRUSTEE OF A TRUST SET UP BY HIS FATHER.

51:02 SO, YOU CONTROL HIS MONEY.

51:04 JUST SOME OF IT.

51:04 HOW MUCH?

51:07 OBJECTION.

51:07 THAT IS IRRELEVANT.

51:09 SUSTAINED.

51:11 ARE YOU PAID FOR YOUR ADVICE?

51:16 THERE IS A FEE AUTHORIZED BY THE TRUST.

51:19 AND HOW MUCH IS THIS AUTHORIZED FEE?

51:21 SAME OBJECTION.

51:23 OVERRULED.

51:27 AROUND $50,000.

51:29 BUT THAT HAD NOTHING TO DO WITH MY EVALUATION OF THE DEFENDANT.

51:34 I'M SURE IT DIDN'T.

51:36 NO FURTHER QUESTIONS, YOUR HONOR.

51:50 501...503.

52:18 HARRY O'RYAN?

52:20 door opens)( whistles) O'RYAN, I'M NOT A COP!

52:28 I'M HERE ABOUT PETE THOMASON.

52:32 RELAX.

52:32 I AIN'T GONNA CHASE YA.

52:35 PETE'S ALWAYS BEEN A HARD-LUCK GUY, BUT THIS IS UNBELIEVABLE.

52:40 HE'S NO KILLER.

52:43 GLAD TO HEAR YOU SAY THAT.

52:46 YEAH.

52:48 LOOK...

52:50 THIS WHOLE THING WITH THE GIRLS, THAT WAS BUSTER'S IDEA.

52:55 BUSTER?

52:58 LIEUTENANT MONROE.

53:00 HE SLIPPED THE GIRLS THE DRUGS.

53:02 DROPPED ME OFF AT ANOTHER BAR DOWN THE STREET.

53:04 PETE WASN'T EVEN WITH US AT THAT POINT.

53:07 THE GIRLS, THEY DON'T REMEMBER ANYTHING, 'CAUSE...

53:11 WELL, THEY WERE OUT OF IT.

53:18 WHEN THINGS STARTED TO GO SOUTH FOR BUSTER...

53:24 I AGREED TO BACK HIM UP.

53:27 PETE GOT NAILED FOR IT.

53:30 LOOK...

53:35 BUSTER'S STILL IN THE CORPS.

53:37 HE'LL SAY ANYTHING TO MAKE SURE HIS RECORD STAYS CLEAN.

53:40 WHICH IS WHY PETE NEEDS YOU.

53:42 NO, MAN, I DON'T— LOOK, I'D LIKE TO HELP AND ALL, BUT I JUST DON'T THINK SO.

53:49 HE NEEDS YOUR HELP.

53:52 IF YOU DO THIS, YOU WILL UNBURDEN YOURSELF,

53:57 GIVE YOURSELF ONE LESS THING TO CHASE YOU.

54:07 WELL, NOW, IT WAS A— IT WAS A WARM NIGHT THAT NIGHT,

54:10 AND SO I HAD ROLLED MY WINDOW DOWN TO LET SOME AIR IN, YOU KNOW,

54:14 AND OF COURSE, I CAN SPIT OUT OF IT, TOO,

54:16 AND I DON'T HAVE TO USE MY SPIT CUP I KEEP IN THE FRONT SEAT.

54:19 HOW FAST WERE YOU TRAVELING, RODNEY?

54:22 UH, WELL, AHEM.

54:24 UH, JUDGE, I AIN'T GONNA LIE TO YOU, NOW.

54:27 UH, I-I WAS SPEEDING.

54:28 I WAS GOING TOO FAST THAT NIGHT.

54:30 NOW, I HAD A GOOD EXCUSE.

54:32 I-I WAS TRYING TO GET TO THE HOSPITAL.

54:34 MY DAUGHTER WAS HAVING HER BABY, AND, UM,

54:36 I WAS— I WAS GOING JUST A LITTLE TOO FAST, I RECKON.

54:39 BUT, NOW, I'M A GOOD DRIVER.

54:41 I'M A GOOD DRIVER.

54:42 I AIN'T HAD A TICKET SINCE 1958, A-AND YOU LOOK THAT UP.

54:46 THAT'S ON THE RECORD.

54:47 YOU CAN ASK ANYBODY.

54:48 BUT THAT NIGHT, YEAH, I-I WAS GOING A LITTLE TOO FAST.

54:51 I HAD TOO MUCH TRUCK, IT'S THAT OLD '71 I HAD,

54:54 AND ROSS WEATHERFORD SOLD ME THAT THING.

54:56 I PAID TOO MUCH MONEY FOR IT, TOO.

54:58 JUST TOO MUCH TRUCK.

54:58 AHEM.

54:59 MR.

55:00 MacFARLAND, COULD YOU TELL US WHAT CAUSED YOU TO RUN OFF THE ROAD THAT NIGHT?

55:04 WELL, IT WAS THAT YELLER CAR, FOLLOWERD BY THAT PURPLE CAR.

55:09 AND HOW CLOSE WAS THE PURPLE CAR TO THE YELLOW PORSCHE?

55:13 OH, SON, SON, IF HE'D BEEN ANY CLOSER,

55:15 HE COULD'VE HOOKED ON BUMPERS FOR A FREE TOW.

55:17 I MEAN, HE WAS IN HIS HIP POCKET.

55:19 AND, JUDGE, ANOTHER THING ABOUT THAT PURPLE CAR,

55:22 UM, HE--HE HIT MY TRUCK THAT NIGHT,

55:25 AND AS OF YET, AIN'T NOBODY STEPPED UP TO PAY FOR IT.

55:29 I'M WAITIN'!

55:32 THANK YOU, MR.

55:33 MacFARLAND.

55:34 NO MORE QUESTIONS.

55:39 CAN YOU TELL US WHAT TESTS YOU PERFORMED, DR.

55:42 WILKES?

55:43 WAIS IQ TESTING, RORSCHACH,

55:47 BECK'S DEPRESSION INVENTORY, AND GENERAL ACHIEVEMENT TESTING.

55:51 AND HAVE YOU READ DR.

55:54 NEWBURN'S EVALUATION?

55:55 I HAVE.

55:55 OH.

55:56 WHAT'S YOUR OPINION ABOUT THE VALIDITY OF HIS REPORT?

55:59 I DISAGREE WITH ITS FINDINGS.

56:02 MR.

56:02 THOMASON IS NOT A SOCIOPATH.

56:05 HE'S DEPRESSED.

56:08 AND HOW IS YOUR REPORT DIFFERENT FROM DR.

56:10 NEWBURN'S?

56:10 MY EVALUATION IS BASED ON OBJECTIVE TESTING AND A CLINICAL INTERVIEW.

56:16 DR.

56:16 NEWBURN'S OPINION IS BASED SOLELY ON ONE BRIEF INTERVIEW.

56:21 THANK YOU.

56:24 YOUR WITNESS.

56:29 MS.

56:29 WILKES, WHO HIRED YOU IN THIS CASE?

56:31 EXCUSE ME, YOUR HONOR.

56:33 IT'S DR.

56:34 WILKES.

56:34 THE WITNESS HAS BEEN QUALIFIED AS AN EXPERT.

56:38 DR.

56:39 WILKES.

56:40 I WAS CONTACTED BY MR.

56:42 McCLAIN'S OFFICE.

56:43 WOULD IT BE FAIR TO SAY THAT, UH, YOUR CONTACT WITH MR.

56:47 McCLAIN HAS GONE BEYOND THE PROFESSIONAL?

56:50 OBJECTION, YOUR HONOR.

56:52 IRRELEVANT.

56:53 HE'S GOT HER ON CROSS.

56:56 OVERRULED.

56:57 THE WITNESS WILL ANSWER THE QUESTION.

57:02 OF COURSE NOT.

57:04 YOUR HONOR, THESE PHOTOGRAPHS WERE PREVIOUSLY ENTERED INTO EVIDENCE.

57:09 PERMISSION TO PUBLISH?

57:09 GRANTED.

57:13 COULD YOU, UH, TELL THE JURY WHAT'S GOING ON IN THIS, UH, IN THIS PICTURE?

57:20 MR.

57:21 McCLAIN AND I ARE SHARING A PIECE OF PEANUT BUTTER PIE.

57:25 WAS IT GOOD?

57:27 YEAH, IF YOU LIKE PEANUT BUTTER.

57:31 AND, UH, HMM.

57:33 WHAT ABOUT THIS ONE?

57:37 THAT'S MR.

57:37 McCLAIN IN FRONT OF MY HOUSE.

57:39 I HAVE A HOME OFFICE.

57:42 DID YOU, UH...

57:44 DO ANYTHING BESIDES TALK ABOUT THIS CASE?

57:48 HE PLAYED CATCH WITH MY SON.

57:51 WE DRANK COFFEE.

57:55 DON'T YOU THINK THIS JURY SHOULD BE CONCERNED ABOUT THE...

57:59 NEUTRALITY OF YOUR OPINION?

58:02 NOT AT ALL.

58:04 MR.

58:04 McCLAIN IS A FINE MAN, BUT MY OPINION ON HIS CLIENT IS BASED ON TESTING.

58:10 I'M SURE IT IS.

58:18 thunder rumbles) PETE HAD NOTHING TO DO WITH THIS.

58:22 HE WAS ALREADY BACK AT THE BASE.

58:25 HARRY, CAN YOU TELL THE COURT WHY YOU

58:28 WANTED TO COME FORWARD TODAY TO TELL THE TRUTH?

58:32 UM, WELL, WHEN I HEARD THAT PETE HAD BEEN CHARGED

58:36 WITH MURDER AND THAT LIEUTENANT MONROE WAS TESTIFYING AGAINST HIM,

58:39 I KNEW THAT I HAD TO COME FORWARD, CLEAR THE RECORD.

58:45 I GUESS I WAS JUST...

58:47 TIRED OF HAVING THIS FOLLOW ME AROUND.

58:51 THANK YOU.

58:53 NO MORE QUESTIONS.

58:55 YOUR WITNESS.

59:01 clears throat) MR.

59:05 O'RYAN, HOW MANY DIFFERENT STORIES HAVE YOU TOLD ABOUT WHAT HAPPENED THAT NIGHT?

59:14 AT LEAST TWO.

59:16 AND IN BOTH VERSIONS, YOU DIDN'T DO ANYTHING WRONG, DID YOU?

59:20 YOU MEAN, BESIDES NOT TELLING THE TRUTH?

59:23 WELL, YOU'VE HAD SOME PROBLEMS IN THE PAST WITH TELLING THE TRUTH, HAVEN'T YOU?

59:29 I MEAN, FOR INSTANCE, IF YOU WRITE A BAD CHECK, WELL, THAT'S A LIE, ISN'T IT?

59:37 I MEAN, YOU'RE SAYING YOU HAVE MONEY IN THE BANK THAT YOU DON'T HAVE.

59:43 NO, NOT EXACTLY.

59:45 ARE YOU THE SAME HARRY O'RYAN CONVICTED

59:48 OF WRITING BAD CHECKS TO CONVENIENCE STORES,

59:51 GAS STATIONS, AND LIQUOR STORES IN KENTUCKY,

59:55 TENNESSEE, NORTH CAROLINA, AND GEORGIA?

1:00:02 YES.

1:00:04 DO YOU KNOW HOW MANY FALSE WRITINGS ARE REPRESENTED IN THESE PAGES?

1:00:10 NO.

1:00:12 WELL, WOULD YOU BE INTERESTED IN LEARNING THAT YOU'VE WRITTEN

1:00:14 137 BAD CHECKS DURING THE PAST TWO AND A HALF YEARS,

1:00:19 RESULTING IN 13 ARREST WARRANTS IN FOUR DIFFERENT STATES?

1:00:27 I'VE MADE SOME MISTAKES.

1:00:29 WOULD YOU LIKE TO ADD PERJURY TO THE LIST OF CRIMES YOU CALL MISTAKES?

1:00:32 OBJECTION.

1:00:32 WITHDRAWN.

1:00:59 YEAH, I'M READY, AND I SEE WHY YOU WANTED ME TO GO LAST.

1:01:05 'CAUSE NOW THAT I'VE HEARD EVERYBODY ELSE, I THINK IT'S GONNA HELP ME A LOT.

1:01:10 UNLESS YOU CAN THINK OF SOMETHING ELSE, YOU'RE NOT GONNA TESTIFY.

1:01:13 WHY?

1:01:13 I'LL TELL THE TRUTH.

1:01:15 WHAT, THAT YOU LOVED HER AND THAT YOU CAN'T REMEMBER ANYTHING?

1:01:19 IF YOU LOOK DUMB, JOE WHETSTONE WILL MAKE YOU LOOK GUILTY.

1:01:22 WE HAVE A CHANCE TO WIN THIS.

1:01:24 I WANT THE LAST THING THE JURY SEES AND HEARS IS

1:01:27 TO BE SPENCER HIGHTOWER'S FACE AND WHAT HE HAS TO SAY.

1:01:38 THE DEFENSE WOULD LIKE TO CALL ALEXANDER HIGHTOWER TO THE STAND, YOUR HONOR.

1:01:54 MR.

1:01:54 HIGHTOWER, WOULD YOU READ THIS TO THE JURY, PLEASE?

1:01:57 THE WHOLE THING?

1:01:59 YES, THE WHOLE THING.

1:02:02 clears throat) "DEAR DAD.

1:02:08 "I DON'T KNOW HOW TO TELL YOU THIS, "EXCEPT TO COME OUT AND SAY IT.

1:02:14 "SPENCER HAS BEEN BOTHERING ME.

1:02:17 "HE'S BEEN WRITING ME LETTERS SAYING THINGS HE SHOULDN'T SAY

1:02:20 "AND ASKING IF HE COULD COME VISIT ME HERE AT SCHOOL.

1:02:26 "I CALLED HIM AND TOLD HIM TO STOP, "BUT HE WON'T LEAVE ME ALONE.

1:02:32 "OVER CHRISTMAS BREAK, HE MADE A PASS AT ME.

1:02:34 "I SLAPPED HIM AND HE GOT MAD, "AND HOPED THAT WAS THE END OF IT.

1:02:38 "HE WON'T STOP CALLING.

1:02:41 HE WON'T STOP BOTHERING ME.

1:02:44 "YOU HAVE TO MAKE HIM GET SOME HELP.

1:02:47 HE'S...

1:02:47 "HE IS SCARING ME.

1:02:50 "PLEASE, PLEASE, MAKE IT END.

1:02:56 "I KNOW YOU'LL TAKE CARE OF IT, DAD.

1:03:00 LOVE, ANGELA." DID YOU RECEIVE THIS LETTER, MR.

1:03:08 HIGHTOWER?

1:03:08 NO!

1:03:09 I DID NOT.

1:03:12 YOU WISH YOU HAD.

1:03:14 OH, YEAH.

1:03:22 NO FURTHER QUESTIONS.

1:03:24 MR.

1:03:25 HIGHTOWER, WHO WAS THE LAST PERSON YOU SAW WITH ANGELA?

1:03:31 THE DEFENDANT, WHEN HE PICKED HER UP.

1:03:33 AND DO YOU KNOW WHERE YOUR BROTHER SPENCER WAS THAT NIGHT?

1:03:38 HE WAS WITH ME.

1:03:41 NO MORE QUESTIONS, YOUR HONOR.

1:03:44 MR.

1:03:44 HIGHTOWER HAS SUFFERED ENOUGH.

1:03:47 MR.

1:03:47 HIGHTOWER, YOU MAY STEP DOWN.

1:03:56 THE DEFENSE CALLS SPENCER HIGHTOWER TO THE STAND.

1:04:05 HOW YA DOING?

1:04:10 MR.

1:04:10 HIGHTOWER, WOULD YOU READ THIS TO THE JURY, PLEASE?

1:04:17 "SPENCER, DO NOT CALL OR WRITE AGAIN.

1:04:21 "I DO NOT WANT TO SEE OR TALK TO YOU.

1:04:24 "IF I HEAR ONE MORE WORD FROM YOU, I'LL TELL MY DAD.

1:04:27 "I MEAN IT.

1:04:29 GET SOME HELP.

1:04:30 ANGELA." DID YOU RECEIVE THAT LETTER?

1:04:38 YEAH.

1:04:42 SOUNDS LIKE ANGELA WAS QUITE UPSET WITH YOU, DOESN'T IT?

1:04:44 I DON'T KNOW.

1:04:46 SHE WAS TIRED OF YOU HARASSING HER, WASN'T SHE?

1:04:47 IT WAS, UM, IT WAS A MISUNDERSTANDING.

1:04:50 I DIDN'T HARASS HER.

1:04:52 DID SHE SLAP YOU AT A CHRISTMAS PARTY?

1:04:57 IT WAS MORE OF A PUSH.

1:04:57 A PUSH?

1:04:59 WHY WOULD SHE HAVE TO PUSH YOU?

1:05:01 WHAT WERE YOU TRYING TO DO?

1:05:03 NOTHING.

1:05:03 IT WAS NO BIG DEAL.

1:05:05 NO BIG DEAL.

1:05:06 IS THAT HOW ANGELA WOULD'VE PHRASED IT, THAT IT WAS NO BIG DEAL?

1:05:09 I DON'T KNOW.

1:05:10 WHY DON'T YOU ASK HER?

1:05:11 AND WE CAN'T DO THAT, CAN WE, MR.

1:05:13 HIGHTOWER?

1:05:18 MR.

1:05:19 HIGHTOWER.

1:05:23 THIS IS A BANK STATEMENT FROM YOUR PERSONAL TRUST.

1:05:29 WOULD IT SURPRISE YOU TO KNOW THAT THERE WAS

1:05:32 A $50,000 CASH WITHDRAWAL TWO DAYS BEFORE THE DEATH OF ANGELA?

1:05:36 OBJECTION, YOUR HONOR.

1:05:38 THE WITNESS'S BANK RECORDS ARE IRRELEVANT.

1:05:41 SUSTAINED.

1:05:42 THANK YOU.

1:05:44 ARE YOU A WEALTHY MAN, MR.

1:05:47 HIGHTOWER?

1:05:47 WELL, IT DEPENDS ON WHO YOU COMPARE ME TO.

1:05:50 HOW ABOUT IF WE COMPARE YOU TO MOST PEOPLE IN ECHOTA COUNTY?

1:05:56 MOST PEOPLE FROM ECHOTA COUNTY LIVE IN TRAILERS.

1:05:59 ARE YOU TRYING TO BE FUNNY?

1:06:01 LISTEN, MR.

1:06:02 McDONALD, OR WHATEVER YOUR NAME IS,

1:06:05 I SHOULDN'T BE HERE ANSWERING YOUR STUPID QUESTIONS.

1:06:08 gavel pounds) YOU'RE HERE BECAUSE MR.

1:06:11 McCLAIN CALLED YOU AS A WITNESS, AND YOU WILL ANSWER EVERY SINGLE ONE

1:06:17 OF HIS QUESTIONS UNLESS I INSTRUCT YOU TO DO OTHERWISE.

1:06:22 DO YOU UNDERSTAND?

1:06:28 YES, YOUR HONOR.

1:06:30 DID YOU HIRE SOMEONE TO KILL ANGELA?

1:06:33 THAT'S A STUPID QUESTION.

1:06:35 BUT THE ANSWER IS NO.

1:06:39 DID YOU DRUG ANGELA AND PETE TO MAKE IT LOOK LIKE HE WAS RESPONSIBLE?

1:06:43 NO.

1:06:48 NO MORE QUESTIONS.

1:06:51 THANK YOU.

1:07:49 REASONABLE DOUBT.

1:07:52 TWO WORDS WE RARELY USE IN EVERYDAY CONVERSATION.

1:07:57 LET ME TELL YOU WHAT IT MEANS.

1:08:00 SOME PORTION OF YOUR MIND MAY SUSPECT PETER THOMASON IS GUILTY,

1:08:06 BUT IF, AFTER CONSIDERING ALL THE EVIDENCE, YOU REMAIN WAVERING AND UNSETTLED,

1:08:16 IT IS YOUR DUTY TO GIVE PETE THE BENEFIT

1:08:20 OF THE DOUBT AND FIND HIM NOT GUILTY OF THESE CHARGES.

1:08:25 IN MY OPENING STATEMENT,

1:08:27 I SAID THE PERSON MOST LIKELY RESPONSIBLE FOR THE MURDER

1:08:30 OF ANGELA HIGHTOWER WAS NOT IN THIS COURTROOM.

1:08:34 NOW YOU KNOW WHY I MADE THAT STATEMENT.

1:08:39 I'M NOT HERE TO PROSECUTE SPENCER HIGHTOWER.

1:08:44 THAT IS A CASE FOR ANOTHER DAY, AND I TRUST THAT DAY COMES SOON.

1:08:48 MR.

1:08:48 WHETSTONE IS GOING TO SPEAK TO YOU AFTER I FINISH.

1:08:53 LISTEN TO HIM CAREFULLY.

1:08:56 THAT'S RIGHT, LISTEN TO HIM CAREFULLY,

1:08:59 AND THEN ASK YOURSELF IF HE HAS ANSWERED TO YOUR SATISFACTION

1:09:03 EACH AND EVERY ONE OF THE GROUNDS FOR REASONABLE DOUBT.

1:09:08 HE CAN'T DO IT, BECAUSE THE TRUTH

1:09:12 IS PETER THOMASON DID NOT KILL ANGELA HIGHTOWER.

1:09:17 AND I ASK YOU...

1:09:19 ON HIS BEHALF...

1:09:23 TO FIND HIM NOT GUILTY.

1:09:29 THANK YOU.

1:09:47 LADIES AND GENTLEMEN, THE TECHNIQUE USED BY THE DEFENDANT AND HIS LAWYER

1:09:54 AGAINST THESE CHARGES IS CALLED A RED HERRING DEFENSE.

1:10:00 NOW, A RED HERRING IS A FISH THAT PROTECTS ITS EGGS FROM PREDATORS BY DARTING

1:10:06 IN FRONT OF THE ENEMY AND DIVERTING ATTENTION FROM WHERE THE EGGS ARE HIDDEN.

1:10:13 IN THIS TRIAL, THE DEFENDANT VIEWS YOU AS THE ENEMY,

1:10:20 BECAUSE YOU HAVE THE POWER TO TAKE AWAY HIS FREEDOM.

1:10:25 HE'S DESPERATE, AND HE HAS RESORTED TO SKILLFUL MEASURES

1:10:30 IN ORDER TO DISTRACT YOU FROM YOUR RIGHTFUL GOAL.

1:10:36 THE RED HERRING IS A VERY SMART FISH.

1:10:43 MR.

1:10:44 McCLAIN IS A VERY SMART LAWYER.

1:10:49 EVERY ONE OF THE DEFENSES THAT MR.

1:10:52 McCLAIN HAS RAISED IS A RED HERRING,

1:10:55 CALCULATED TO KEEP YOU FROM FOCUSING ON THE EVIDENCE.

1:11:01 USE YOUR COMMON SENSE.

1:11:03 THE DEFENDANT WAS CAPTURED BY THE POLICE AT THE SCENE OF THE CRIME.

1:11:07 HE IS THE ONLY PERSON WHO HAD

1:11:10 THE OPPORTUNITY AND THE MOTIVE TO HAVE MURDERED ANGELA.

1:11:15 PETER THOMASON IS A PREDATOR WITH A HISTORY.

1:11:33 WE ALL WISH ANGELA COULD BE WITH US TODAY, BUT SHE CAN'T.

1:11:42 ON ANGELA'S BEHALF, I HAVE COMPLETE CONFIDENCE IN YOUR ABILITY

1:11:50 TO RENDER THE ONLY JUST VERDICT POSSIBLE IN THIS CASE, A VERDICT OF GUILTY.

1:12:14 COURT IS ADJOURNED UNTIL MONDAY MORNING AT 9:00 A.M.

1:12:20 gavel bangs) WHAT DO YOU THINK THEY'LL DECIDE?

1:12:26 IS IT A GOOD JURY?

1:12:28 IF I CAN GET ONE ON MY SIDE, I CAN HANG IT.

1:12:31 IF I CAN GET THREE, THEY'LL CONVINCE THE REST.

1:12:35 HMM.

1:12:36 ARE YOU SCARED?

1:12:40 YES.

1:12:43 WHY?

1:12:47 BECAUSE SOMEONE'S LIFE IS IN MY HANDS.

1:12:52 LADIES AND GENTLEMEN OF THE JURY, HAVE YOU REACHED A VERDICT?

1:13:01 YES, WE HAVE, YOUR HONOR.

1:13:05 WILL THE DEFENDANT PLEASE RISE?

1:13:12 MADAM FOREPERSON, WOULD YOU PLEASE ANNOUNCE THE VERDICT?

1:13:18 WE FIND THE DEFENDANT, PETER THOMASON, GUILTY OF FIRST-DEGREE MURDER.

1:13:23 THE JURY WILL RETURN ON TUESDAY TO COMMENCE THE SENTENCING PHASE OF THE CASE.

1:13:30 COURT IS ADJOURNED.

1:13:33 gavel bangs) I'M SORRY.

1:13:36 I'M SO SORRY.

1:13:39 GOOD JOB.

1:14:05 HE REMINDS ME OF MY SON.

1:14:09 DEATH PENALTY?

1:14:09 OR 25 YEARS.

1:14:12 THOSE ARE MY ONLY TWO OPTIONS?

1:14:16 WHEN ARE YOU GONNA START LIVING AGAIN, MAC?

1:15:12 I HEARD YOU SAY THAT GRIEF WAS LIKE A RIVER.

1:15:17 WELL, IF THAT'S THE CASE, THEN I'M DROWNING.

1:15:27 YOU SPEND YOUR WHOLE LIFE LOOKING FOR THAT SPECIAL SOMEONE,

1:15:32 AND YOU FIND HER, YOU BUILD A LIFE TOGETHER,

1:15:36 YOU RAISE TWO OF THE GREATEST KIDS IN THE WORLD...

1:15:42 AND THEN IT'S ALL TAKEN AWAY FROM YOU,

1:15:46 WITHOUT YOUR HAVING A CHANCE TO EVEN SAY GOOD-BYE.

1:15:53 AND IT'S ALL YOUR FAULT.

1:15:57 HOW DO YOU COME BACK FROM THAT?

1:16:04 I WANT TO BELIEVE THAT THERE IS A TIME AND A PLACE TO HEAL...

1:16:12 BUT WHEN IS THAT TIME, AND WHERE IS THAT PLACE FOR ME?

1:16:22 sniffles) WHEN YOU'VE COME AS FAR AS YOU CAN BY YOURSELF, YOU LET GO...

1:16:38 AND YOU REALIZE THAT GOD HAS A REASON THAT YOUR LIFE DIDN'T END THAT NIGHT, TOO.

1:18:33 RIGHT BEFORE JUDGE DANIELSON CALLED ME AND ASKED ME TO TAKE THIS CASE...

1:18:39 I HELD A GUN IN ONE HAND AND A BOTTLE OF PILLS IN THE OTHER.

1:18:43 I WAS TRYING TO DECIDE WHICH WAY TO END MY LIFE.

1:18:49 THAT PHONE CALL SAVED ME FROM MAKING A TERRIBLE MISTAKE.

1:18:55 WHEN YOU RETIRE TO THE JURY ROOM,

1:18:58 I'M GOING TO ASK YOU TO CONSIDER ONE WORD IN DECIDING PETE'S FATE.

1:19:04 WHAT IS THAT WORD?

1:19:10 THE WORD I WANT YOU TO THINK ABOUT IS AN ORDINARY WORD.

1:19:17 STANDING ALONE, IT DOESN'T INSPIRE EMOTION.

1:19:19 IT DOESN'T PULL AT THE HEARTSTRINGS.

1:19:22 LADIES AND GENTLEMEN,

1:19:25 THE WORD IS "LIFE." WE LIVE IN A WORLD WHERE HUMAN LIFE IS CHEAP.

1:19:33 PEOPLE SUFFER AND PEOPLE STARVE, AND NOBODY SEEMS TO NOTICE,

1:19:37 NOBODY SEEMS TO CARE, BUT AS A MEMBER OF THIS JURY,

1:19:42 YOU ARE PART OF A SYSTEM OF JUSTICE THAT AFFIRMS LIFE AS INHERENTLY VALUABLE,

1:19:49 A GIFT FROM GOD THAT SHOULD NOT BE

1:19:50 TAKEN AWAY EXCEPT IN THE MOST EXTRAORDINARY CIRCUMSTANCES.

1:19:56 WHAT I KNOW NOW, AND WHAT I DIDN'T KNOW WHEN

1:19:59 I HELD THAT GUN AND THOSE PILLS IN MY HAND,

1:20:02 IS THAT LIFE HAS VALUE, NO MATTER HOW DARK THE PAST OR TORTURED THE PRESENT.

1:20:14 LADIES AND GENTLEMEN, YOU HAVE TWO CHOICES BEFORE YOU: LIFE OR DEATH.

1:20:24 I ASK YOU TO CHOOSE LIFE.

1:20:50 FOR YOU.

1:20:52 AW!

1:20:53 CELL PHONE!

1:20:55 THANK YOU.

1:20:56 YOU'RE WELCOME.

1:20:57 I THINK.

1:20:58 JURY'S IN.

1:21:00 HAVE YOU REACHED A DECISION?

1:21:02 YES, SIR, WE HAVE.

1:21:04 WILL THE DEFENDANT PLEASE RISE?

1:21:11 MADAM FOREPERSON, WOULD YOU PLEASE ANNOUNCE THE DECISION?

1:21:18 WE RECOMMEND A LIFE SENTENCE WITH THE POSSIBILITY OF PAROLE.

1:21:26 DON'T WORRY.

1:21:29 HEY, MAC.

1:21:33 I'M GLAD YOU DIDN'T PULL THE TRIGGER.

1:21:40 THIS ISN'T OVER.

1:21:41 I'M GONNA FILE A MOTION FOR A NEW TRIAL.

1:21:43 WE'RE GONNA KEEP DIGGING.

1:22:05 clears throat) DID YOU DISCOVER SOMETHING?

1:22:11 FIVE OF THE COMPANIES THAT RECEIVE MONEY

1:22:14 FROM THE TRUST ALL HAVE THE SAME PRESIDENT.

1:22:17 SPENCER?

1:22:17 NO.

1:22:20 DR.

1:22:20 LEWIS NEWBURN.

1:22:22 NOW, WHY WOULD SPENCER SET DR.

1:22:24 NEWBURN UP AS HEAD OF A BUNCH OF DUMMY COMPANIES?

1:22:27 IT'S A GOOD QUESTION.

1:22:32 LET'S GET SUBPOENAS FOR DETAILED RECORDS ON ALL FIVE

1:22:36 COMPANIES AND SERVE NEWBURN BEFORE THE END OF THE DAY.

1:22:38 I BET THAT DOCTOR KNOWS MORE ABOUT

1:22:40 WHAT'S GOING ON WITH SPENCER THAN HE'S ADMITTED.

1:22:43 I BET YOU'RE RIGHT.

1:22:56 FROM MAC McCLAIN.

1:22:57 HAVE A NICE DAY.

1:23:23 SHE'S A BEAUTY.

1:23:24 JUST PUT HER OUT.

1:23:26 AHH...

1:23:26 WHAT CAN YOU TELL ME ABOUT HER?

1:23:29 ONE OWNER, LOW MILES.

1:23:31 MM-HMM.

1:23:33 OTHER THAN THOSE MINOR SCRATCHES THERE ON THE FRONT, SHE'S IN PERFECT CONDITION.

1:23:37 YOU HANDLE THE TRADE-IN?

1:23:37 SURE DID.

1:23:39 GUY WANTED TO TRADE IT IN FOR SOMETHING HE COULD TAKE OFF-ROAD WITH INSTEAD.

1:23:43 THIS BABY'S BUILT TO BE KING OF THE HIGHWAY, NOT SLOGGING THROUGH A MUD HOLE.

1:23:48 SHE'S GOT POWER— I'LL TAKE IT.

1:23:50 ONE CONDITION.

1:23:51 I'D LIKE TO SPEAK WITH THE ORIGINAL OWNER.

1:23:55 WE DON'T NORMALLY...

1:23:57 I GOT CASH, IN CASE YOU WANNA SLING THIS SLED TODAY.

1:25:00 Newburn: STICK CLOSE TO THE PHONE, ALL RIGHT?

1:25:02 I WANNA BE ABLE TO GET YOU AT A MOMENT'S NOTICE.

1:25:05 AND FOR GOD'S SAKES, DON'T SCREW UP LIKE YOU DID THE LAST TIME.

1:25:12 GIVE ME ABOUT AN HOUR.

1:25:13 WAIT FOR THE CALL...

1:25:15 AND GO GET HIM.

1:25:25 door opens, alarm beeps) YEAH?

1:25:30 door closes) BACK HERE.

1:25:39 chuckles) DR.

1:25:42 NEWBURN.

1:25:42 I, UM, I WAS ON THE WAY HOME, SO I BROUGHT THOSE RECORDS YOU REQUESTED.

1:25:47 THANK YOU.

1:25:48 YOU CAN SET THEM DOWN RIGHT THERE.

1:26:00 sighs) YOU GOT ANY MORE COFFEE?

1:26:04 SURE.

1:26:30 THANK YOU.

1:26:30 YOU'RE WELCOME.

1:26:35 NEWLY DISCOVERED EVIDENCE, HMM?

1:26:38 chuckles) IS THAT WHAT THIS IS?

1:26:42 taps box) MAYBE.

1:26:45 HEY, MAYBE YOU COULD SAVE US A BUNCH OF TIME AND TELL US WHAT'S INSIDE.

1:26:52 WELL, UH, THAT I'M THE PRESIDENT OF EACH OF THE COMPANIES.

1:27:00 WHO ARE THE OTHER SHAREHOLDERS?

1:27:03 LET ME ASK YOU A QUESTION, MR.

1:27:05 McCLAIN.

1:27:05 ARE YOU GOING TO GO AFTER SPENCER WITH THE EVIDENCE I'M GIVING YOU?

1:27:08 WHATEVER IT TAKES TO HELP MY CLIENT.

1:27:10 AH.

1:27:11 I'M SURE YOU WILL.

1:27:15 HAVE YOU CONSIDERED THE EFFECT IT MIGHT HAVE?

1:27:18 YOU SEE, WHAT CONCERNS ME IS THE EFFECT IT MIGHT HAVE ON ME.

1:27:23 WELL, JUST LIKE THE BANK, YOU HAD TO ANSWER THE SUBPOENA.

1:27:27 WELL, YOU'RE A SLICK LAWYER, MR.

1:27:29 McCLAIN...

1:27:29 BUT THIS IS ONE THING YOU DIDN'T FIGURE OUT.

1:27:32 YOU SEE, YOU'RE GOING TO ASK YOUR QUESTIONS AND ALEX WILL ASK

1:27:35 HIS, AND HE'S GOING TO ASK QUESTIONS THAT I DON'T WANT TO ANSWER.

1:27:40 YOU SEE, SPENCER DOESN'T KNOW ABOUT THE COMPANIES.

1:27:43 THEY WEREN'T SET UP FOR HIM.

1:27:45 HE HAS PLENTY OF MONEY.

1:27:50 YOU EMBEZZLED.

1:27:52 WELL.

1:27:52 DID YOU KNOW( distorted) THAT ALEX AND ANGELA BOTH HAVE TRUSTS,

1:27:58 TOO, AND THEN, UPON THEIR DEATHS,

1:28:00 THAT MONEY IS GONNA FLOW DIRECTLY INTO SPENCER'S TRUST AND, WELL,

1:28:05 HE JUST DOESN'T KEEP CLOSE TABS ON IT.

1:28:08 ALEX ISN'T DEAD.

1:28:13 OH!

1:28:15 NOT YET.

1:28:18 groaning) YEAH, COME GET HIM.

1:28:23 I'VE DONE MOST OF YOUR WORK FOR YOU.

1:28:34 engine idling) WELL, NOW, MR.

1:28:37 McCLAIN.

1:28:38 laughing) LOOKS LIKE YOU'RE GOING TO TAKE A SWIM.

1:28:47 YOU SEE, HERE'S WHAT I THOUGHT.

1:28:56 I THOUGHT MAYBE...

1:29:00 YOU GOT YOURSELF DRUNK...

1:29:03 AND YOU FELL OFF THE PIER AFTER YOU LOST THE CASE.

1:29:10 HUH?

1:29:12 HOW'S THAT SOUND?

1:29:14 coughing) NO?

1:29:16 OKAY.

1:29:16 BETTER YET...

1:29:20 YOU FINALLY GET THE NERVE TO KILL YOURSELF.

1:29:24 HEH, IT WAS SUICIDE.

1:29:25 WHAT DO YOU THINK ABOUT THAT?

1:29:29 HOW DO YOU FEEL?

1:29:31 DISORIENTED?

1:29:34 IMPAIRED JUDGMENT?

1:29:38 MAYBE YOU DON'T FEEL LIKE YOU CAN PROTECT YOURSELF?

1:30:06 HA HA!

1:30:07 THAT'S PRETTY GOOD FOR WHAT YOU GOT IN YOUR SYSTEM.

1:30:26 cell phone ringing) I DON'T THINK SO.

1:30:46 beep) WHAT ARE YOU GONNA DO WITH THAT?

1:31:10 gunshot)( door opens)( groaning) MAC!

1:31:17 MAC!

1:31:19 ARE YOU OKAY?

1:31:23 LET ME TAKE THAT.

1:31:26 siren wailing) THEY WERE DRIVING A BLACK SEDAN.

1:31:29 IT'S PARKED AROUND THE BEND THERE.

1:31:30 HEY.

1:31:31 THERE YOU GO.

1:31:32 DRINK THAT.

1:31:33 YOU OKAY?

1:31:35 MM.

1:31:36 MM-MM-MM.

1:31:38 groans) HOW YOU FEELING?

1:31:46 I FOUND THE PURPLE CAR.

1:31:49 IT WAS A CADILLAC.

1:31:52 laughs) SO, TELL ME, ALEX, HOW MUCH OF ALL THIS YOU WANNA KNOW.

1:32:00 ALL OF IT.

1:32:02 WELL, FIRST THE HITMEN SLIPPED SOMETHING

1:32:05 INTO ANGELA AND PETER'S DRINKS AT THE RESTAURANT.

1:32:10 THEN THEY TOOK THEM TO THE RAVINE, WHERE THEY KILLED ANGELA,

1:32:16 PUSHED HER CAR OFF THE CLIFF, THEN PLANTED HER KEYS IN THOMASON'S POCKET.

1:32:23 AFTER THE TRIAL, YOU WERE GONNA BE NEXT.

1:32:27 THEY FOUND AN OPEN-ENDED TICKET TO VENEZUELA IN THE DOCTOR'S CAR.

1:32:31 SO IT WAS ALL ABOUT THE MONEY.

1:32:36 HE'D BEEN SIPHONING OFF MILLIONS FOR YEARS.

1:32:40 IF McCLAIN HADN'T KEPT DIGGING, WHO KNOWS WHAT WOULD'VE HAPPENED.

1:32:45 WHAT ABOUT THOMASON?

1:32:47 JUDGE SIGNED A MOTION THIS MORNING TO DISMISS THE CHARGES.

1:32:52 THOMASON OWES McCLAIN A LOT.

1:32:59 I THINK WE ALL DO.

1:33:13 CONGRATULATIONS.

1:33:20 HOW DOES IT FEEL?

1:33:21 COME ON, I'LL GIVE YOU A RIDE HOME.

1:33:47 MY LIFE CHANGED...

1:33:49 THE MOMENT THAT I STOPPED ASKING GOD WHY MY FAMILY WAS GONE...

1:33:59 AND STARTED THANKING HIM THAT I WAS STILL HERE.