1 00:00:01,171 --> 00:00:02,980 NARRATOR: In the criminal justice system 2 00:00:03,039 --> 00:00:06,851 the people are represented by two separate yet equally important groups, 3 00:00:06,910 --> 00:00:08,787 the police who investigate crime 4 00:00:08,845 --> 00:00:11,655 and the district attorneys who prosecute the offenders. 5 00:00:11,714 --> 00:00:13,524 These are their stories. 6 00:00:25,096 --> 00:00:26,336 Morning. 7 00:00:33,003 --> 00:00:34,107 Adam? 8 00:00:36,907 --> 00:00:38,181 Corinne? 9 00:00:41,046 --> 00:00:42,218 Hello? 10 00:01:09,142 --> 00:01:11,918 Oh, my God! God! 11 00:01:12,211 --> 00:01:13,485 (SOBBING) 12 00:01:15,081 --> 00:01:16,185 Oh. My God! 13 00:01:17,650 --> 00:01:21,723 They were herded in here, bound, gagged and shot. 14 00:01:22,355 --> 00:01:24,631 Old man's got defense wounds on his hands and arm. 15 00:01:25,691 --> 00:01:26,999 Put up a struggle. 16 00:01:27,326 --> 00:01:28,566 Little girl got it in the back. 17 00:01:29,228 --> 00:01:31,572 Others got shot in the head execution style. 18 00:01:32,565 --> 00:01:33,635 .45. 19 00:01:34,066 --> 00:01:37,446 Yeah. He didn't want to take a chance on anybody surviving. 20 00:01:37,738 --> 00:01:39,183 Time of death? 21 00:01:39,239 --> 00:01:42,083 Tentatively, yesterday afternoon between 2:00 and 4:00. 22 00:01:42,442 --> 00:01:43,512 You got any ID's? 23 00:01:43,944 --> 00:01:46,925 Yeah, Adam and Corinne Bennett, owners. 24 00:01:47,247 --> 00:01:51,195 Gail Churchill, jewelry designer. Her daughter, Ellie. 25 00:01:56,690 --> 00:01:58,897 Get the tapes from the surveillance cameras. 26 00:01:58,959 --> 00:02:00,165 Got it. 27 00:02:01,930 --> 00:02:04,410 ED: Lennie, this is Rebecca Kent, she's the assistant manager. 28 00:02:06,801 --> 00:02:09,145 Ellie just had a birthday. She was six. 29 00:02:10,538 --> 00:02:12,779 Uh, you weren't here yesterday? 30 00:02:14,275 --> 00:02:16,983 I would've been but my mother broke her foot 31 00:02:17,045 --> 00:02:19,582 and Adam told me to take the day off. 32 00:02:20,248 --> 00:02:21,955 They always put family first. 33 00:02:22,016 --> 00:02:25,327 So you gonna be okay getting us an inventory list, so we can see what's missing? 34 00:02:26,020 --> 00:02:27,499 We got two people outside for you to talk to. 35 00:02:27,555 --> 00:02:28,557 BRISCOE: We'll be right with you. 36 00:02:28,624 --> 00:02:31,332 We also need the names of ex-employees and delivery people. 37 00:02:31,393 --> 00:02:32,701 This officer will go with you. 38 00:02:33,429 --> 00:02:34,533 Okay. 39 00:02:35,030 --> 00:02:37,010 I saw them around 3:00 yesterday, 40 00:02:37,066 --> 00:02:40,240 came in to show them new pictures of my grandson. 41 00:02:40,669 --> 00:02:42,671 I'm two doors down, the bookstore. 42 00:02:42,738 --> 00:02:44,046 You saw all four of them? 43 00:02:44,106 --> 00:02:45,449 Adam and Corinne. 44 00:02:45,507 --> 00:02:48,750 I didn't see Gail or the little girl, they must've been in the back. 45 00:02:48,844 --> 00:02:50,118 What were the Bennetts doing? 46 00:02:50,179 --> 00:02:55,254 Adam was buried in a stack of invoices, Corinne was polishing a bracelet. 47 00:02:55,318 --> 00:02:58,788 But it doesn't make sense, I came by at 3:30 to have a ring resized, 48 00:02:58,855 --> 00:03:00,300 closed sign was on the door. 49 00:03:00,357 --> 00:03:01,563 Did you have an appointment? 50 00:03:01,625 --> 00:03:03,627 No, they were always open till 6:00. 51 00:03:03,693 --> 00:03:04,728 MAN: Yeah, that's the truth. 52 00:03:04,794 --> 00:03:07,832 In 30 years Adam never closed early but once, 53 00:03:07,897 --> 00:03:10,377 when Corinne went into labor with their son. 54 00:03:10,433 --> 00:03:11,434 Where is he? 55 00:03:11,501 --> 00:03:14,141 He teaches at the London School of Economics, 56 00:03:14,204 --> 00:03:16,878 hasn't been home in 18 months. 57 00:03:17,874 --> 00:03:19,319 We got a problem. 58 00:03:19,943 --> 00:03:21,047 What? 59 00:03:21,779 --> 00:03:23,759 Security tapes are gone. 60 00:03:24,248 --> 00:03:26,660 Now what am I gonna watch tonight? 61 00:04:18,504 --> 00:04:23,112 It just keeps going through my head, over and over. 62 00:04:24,711 --> 00:04:29,785 If I'd picked my daughter up from school yesterday, she'd still be here. 63 00:04:30,450 --> 00:04:31,451 Why didn't you? 64 00:04:32,685 --> 00:04:34,187 I was at work. 65 00:04:34,787 --> 00:04:37,097 Around lunch I started feeling a little off, 66 00:04:37,156 --> 00:04:39,397 like I was coming down with something. 67 00:04:39,459 --> 00:04:42,030 So I called Gail and asked her to cover for me. 68 00:04:42,730 --> 00:04:44,437 Then I went home and crawled into bed. 69 00:04:44,498 --> 00:04:46,444 You and your ex-wife were on good terms? 70 00:04:46,500 --> 00:04:48,309 We had joint custody, we had to be. 71 00:04:48,869 --> 00:04:50,815 What time did Ellie get out of school? 72 00:04:51,472 --> 00:04:52,473 3:30. 73 00:04:52,873 --> 00:04:54,250 And the school is located where? 74 00:04:54,308 --> 00:04:56,254 Upper East Side, 86th and 3rd. 75 00:04:56,577 --> 00:04:59,558 So Gail couldn't have gotten to the Bennett's much before 4:00? 76 00:04:59,747 --> 00:05:02,387 Later than that. Ellie had a dentist appointment after school. 77 00:05:04,118 --> 00:05:05,119 Are you sure? 78 00:05:06,987 --> 00:05:09,559 ED: Your man on the scene put the time of death between 2:00 and 4:00 p.m. 79 00:05:09,624 --> 00:05:12,935 and two of the victims were at a dentist's office across town at that time. 80 00:05:12,994 --> 00:05:14,064 Mmm-hmm. Till after 5:00. 81 00:05:14,129 --> 00:05:16,131 Can I get a word in here? 82 00:05:16,297 --> 00:05:19,210 Mr. and Mrs. Bennett were killed around 3:30. 83 00:05:19,367 --> 00:05:22,348 Gail Churchill and her daughter died two or three hours later. 84 00:05:24,139 --> 00:05:25,140 Two or three hours? 85 00:05:25,740 --> 00:05:27,344 5:30 at the earliest. 86 00:05:29,778 --> 00:05:31,587 VAN BUREN: So he slaughters the Bennetts 87 00:05:31,646 --> 00:05:35,025 and then hangs around the crime scene for more than two hours? 88 00:05:35,083 --> 00:05:37,155 What was he doing, trying on the goods? 89 00:05:37,219 --> 00:05:39,062 Well, more likely, he was waiting. 90 00:05:39,121 --> 00:05:40,191 For Gail Churchill. 91 00:05:40,256 --> 00:05:41,735 Killer had reason to believe Gail would be there. 92 00:05:41,791 --> 00:05:44,237 There's no way he could know she was picking her daughter up. 93 00:05:44,293 --> 00:05:45,499 She messed up his plan. 94 00:05:45,561 --> 00:05:48,337 Murder one, staged to look like robbery. 95 00:05:49,265 --> 00:05:52,269 Let's find out who wanted Gail Churchill dead. 96 00:05:56,005 --> 00:05:57,313 WOMAN: Everybody loved Gail. 97 00:05:57,373 --> 00:06:00,650 She was one of those people who lit up the room when she came in. 98 00:06:00,776 --> 00:06:02,585 People gravitated towards her. 99 00:06:02,645 --> 00:06:04,353 What about her ex-husband? 100 00:06:04,414 --> 00:06:06,917 He gravitated towards her checkbook. 101 00:06:07,150 --> 00:06:10,131 David was always full of big dreams that never went anywhere. 102 00:06:10,187 --> 00:06:13,066 Gail had finally had it with supporting him and filed for divorce. 103 00:06:13,123 --> 00:06:16,161 She supported him? So, she was pulling in good money? 104 00:06:16,259 --> 00:06:18,899 Her jewelry line was really taking off. 105 00:06:19,062 --> 00:06:20,871 She worked hard for her success. 106 00:06:20,931 --> 00:06:24,344 Detective, I admit that we weren't particularly fond of David, 107 00:06:24,401 --> 00:06:27,712 but he just couldn't have done this monstrous thing. 108 00:06:27,838 --> 00:06:30,376 If you'd have seen him with Ellie, you would've known that. 109 00:06:30,441 --> 00:06:32,318 Does the name Jeff Barnes ring a bell? 110 00:06:32,376 --> 00:06:33,377 He was her dentist. 111 00:06:33,444 --> 00:06:34,514 Hmm. 112 00:06:34,745 --> 00:06:37,385 And Mary Fazekas? 113 00:06:38,249 --> 00:06:41,287 Maybe a school friend or a business acquaintance? Why? 114 00:06:41,352 --> 00:06:43,457 Cause there's an entry here the day before the murders. 115 00:06:43,521 --> 00:06:44,522 Susan Prescott? 116 00:06:44,589 --> 00:06:45,659 Her attorney. 117 00:06:45,723 --> 00:06:48,294 Okay. All right. What about this guy, Mark I.? 118 00:06:48,359 --> 00:06:49,429 He's in here a lot. 119 00:06:49,494 --> 00:06:51,804 Mark Landry. Real estate broker. 120 00:06:52,029 --> 00:06:55,306 They met when Gail was apartment hunting after the divorce. 121 00:06:55,733 --> 00:06:57,873 He found this place for her. 122 00:06:57,970 --> 00:07:00,211 They started dating after the closing. 123 00:07:00,405 --> 00:07:03,079 They've been seeing each other for the past few months. 124 00:07:04,243 --> 00:07:06,120 We were very happy about that. 125 00:07:07,579 --> 00:07:10,287 BRISCOE: Mr. Landry, we know this is a difficult time. 126 00:07:10,349 --> 00:07:12,295 Yes. I want to help in any way I can. 127 00:07:12,784 --> 00:07:14,821 Do you know if Gail had any enemies? 128 00:07:16,154 --> 00:07:17,565 I thought it was a robbery. 129 00:07:17,856 --> 00:07:19,335 We just need to cover all our bases. 130 00:07:19,391 --> 00:07:21,268 Speaking of which, where were you? 131 00:07:21,793 --> 00:07:24,070 Carrington House. I was showing a coop there. 132 00:07:24,130 --> 00:07:26,041 I can't believe you think she was a target. 133 00:07:26,099 --> 00:07:28,204 You can't think of anybody she might've had problems with? 134 00:07:29,402 --> 00:07:30,437 Her ex-husband. 135 00:07:30,503 --> 00:07:33,143 But I can't think he would've done it, I mean, Ellie was their daughter. 136 00:07:33,206 --> 00:07:36,983 Well, whoever did it got away with about 70 grand in merchandise. 137 00:07:37,043 --> 00:07:39,182 We hear the ex was always a little short. 138 00:07:39,245 --> 00:07:41,088 That's along way away from what you're suggesting. 139 00:07:41,147 --> 00:07:42,751 I mean, I didn't like the guy, but I can't think that... 140 00:07:42,815 --> 00:07:44,294 You didn't like the guy? Why? 141 00:07:45,752 --> 00:07:49,359 Gail was a wonderful woman and she deserved to be appreciated and loved. 142 00:07:50,724 --> 00:07:52,226 David was just all about himself. 143 00:07:54,094 --> 00:07:56,267 David Churchill was married to a jeweler for five years, 144 00:07:56,330 --> 00:07:58,435 I think he might know how to unload some hot rocks. 145 00:07:58,499 --> 00:07:59,739 Byrne went to their bank. 146 00:07:59,800 --> 00:08:01,370 Mr. Churchill's checking account, 147 00:08:01,435 --> 00:08:03,847 $832 and some change, 148 00:08:03,904 --> 00:08:07,511 last deposit a week ago, just under $100. 149 00:08:07,575 --> 00:08:11,113 All that proves is he's not stupid enough to put the proceeds in the bank. 150 00:08:11,178 --> 00:08:12,714 VAN BUREN: He may not need the proceeds. 151 00:08:12,880 --> 00:08:13,881 BRISCOE: What's that mean? 152 00:08:13,948 --> 00:08:16,952 Same bank, Gail Churchill set up a trust fund for her daughter. 153 00:08:17,017 --> 00:08:22,434 In the event that both Gail and Ellie died, David is the beneficiary. 154 00:08:22,557 --> 00:08:23,558 For how much? 155 00:08:23,625 --> 00:08:24,797 A quarter of a million. 156 00:08:25,026 --> 00:08:26,027 Damn. 157 00:08:26,094 --> 00:08:27,937 How do we get around the time discrepancy? 158 00:08:27,996 --> 00:08:31,102 I mean, killer went to the Bennett's at 3:00 thinking Gail would be there. 159 00:08:31,166 --> 00:08:32,907 David Churchill knew she wasn't gonna be there, 160 00:08:32,968 --> 00:08:35,073 'cause she went to pick up the daughter to take her to the dentist. 161 00:08:35,136 --> 00:08:37,343 A bluff to throw suspicion off himself. 162 00:08:37,405 --> 00:08:40,284 Well, why don't we move out of the realm of speculation, if we can, 163 00:08:40,342 --> 00:08:42,481 and bring him in for a chat. 164 00:08:43,645 --> 00:08:44,852 The trust fund? 165 00:08:45,681 --> 00:08:48,525 I assumed Gail changed the beneficiary after we got divorced. 166 00:08:48,584 --> 00:08:51,861 That is the exact position that I would take if I were in your shoes. 167 00:08:54,256 --> 00:08:57,066 I buried my only child two days ago. 168 00:08:57,627 --> 00:09:00,267 You have no idea what that does to you. 169 00:09:01,097 --> 00:09:05,910 I did not kill her and I can't comprehend why anybody would! 170 00:09:05,968 --> 00:09:09,780 Look, we talked to a lot of Gail's friends, they said you didn't want the divorce, 171 00:09:09,839 --> 00:09:11,182 that you were constantly hitting her up for money 172 00:09:11,240 --> 00:09:13,243 and that you didn't like the fact that she was dating again. 173 00:09:13,310 --> 00:09:15,017 I had no problem with her dating. 174 00:09:15,078 --> 00:09:17,558 I just didn't want that Landry guy around my daughter. 175 00:09:17,614 --> 00:09:18,615 Why's that? 176 00:09:20,050 --> 00:09:21,154 I don't like him. 177 00:09:21,218 --> 00:09:22,788 Apparently the feeling's mutual. 178 00:09:23,420 --> 00:09:25,832 So, where'd you go after you left work the day of the murders? 179 00:09:26,223 --> 00:09:28,567 I told you, I was sick. I went home! 180 00:09:28,625 --> 00:09:29,831 (KNOCKING ON DOOR) 181 00:09:30,661 --> 00:09:32,470 Latent got a match on some prints. 182 00:09:34,698 --> 00:09:36,041 We got a hit on prints that were found 183 00:09:36,099 --> 00:09:38,410 both in Gail Churchill's apartment and in the jewelry store. 184 00:09:40,004 --> 00:09:41,745 Ex-con named Richard Morriston. 185 00:09:41,806 --> 00:09:42,876 Who? 186 00:09:44,175 --> 00:09:47,622 Fraud arrest in Colorado two years ago, pled guilty to a misdemeanor. 187 00:09:47,679 --> 00:09:50,888 Two domestic abuse arrests, one in Chicago, one here. 188 00:09:50,948 --> 00:09:52,757 The local woman's name was Susan Kimball. 189 00:09:52,817 --> 00:09:54,626 Guy gets around. Got a mug shot? 190 00:09:54,986 --> 00:09:56,124 Sure. (TYPING) 191 00:09:56,854 --> 00:09:59,858 Oh. Mark Landry. Gail Churchill's new boyfriend. 192 00:10:00,324 --> 00:10:01,325 Not anymore. 193 00:10:05,431 --> 00:10:09,174 SUSAN: Richard Morriston, huh? I knew him as Kevin Massey. 194 00:10:09,234 --> 00:10:12,477 He had just gotten his real estate license. He found me an apartment, 195 00:10:12,538 --> 00:10:15,849 which I was dumb enough to let him move into after he'd blinded me with charm. 196 00:10:15,908 --> 00:10:16,943 What went wrong? 197 00:10:17,009 --> 00:10:19,216 I suspected he was accessing my corporate accounts 198 00:10:19,278 --> 00:10:21,849 and using insider information to make stock trades. 199 00:10:21,914 --> 00:10:23,587 BRISCOE: You confronted him? 200 00:10:23,649 --> 00:10:25,651 He has sensitive antenna. 201 00:10:25,718 --> 00:10:28,062 He knew something was wrong and asked me what it was. 202 00:10:28,120 --> 00:10:29,622 So I told him. 203 00:10:30,022 --> 00:10:31,092 Big mistake. 204 00:10:31,156 --> 00:10:33,660 Ms. Kimball, the police report says 205 00:10:33,727 --> 00:10:37,698 your injuries kept you in the hospital for two days. Why'd you drop the charges? 206 00:10:37,831 --> 00:10:39,105 I was afraid of him. 207 00:10:39,733 --> 00:10:40,734 What's he done? 208 00:10:40,800 --> 00:10:43,041 It's not clear yet, but he's left an unattractive trail 209 00:10:43,103 --> 00:10:45,049 from Denver to Chicago to here. 210 00:10:45,205 --> 00:10:46,309 Denver? 211 00:10:46,372 --> 00:10:49,216 He told me he came here straight from Utah. 212 00:10:49,609 --> 00:10:51,714 According to Salt Lake City PD, 213 00:10:51,778 --> 00:10:56,227 Morriston dropped out of University of Utah Law School in '94, 214 00:10:56,282 --> 00:10:59,287 right after the disappearance of his girlfriend, Beth Fazekas. 215 00:10:59,353 --> 00:11:00,423 She was never found. 216 00:11:00,488 --> 00:11:04,402 The Mary Fazekas in Gail Churchill's appointment book, that's Beth's mother. 217 00:11:04,458 --> 00:11:07,735 We spoke to her this morning. She said she never heard of Gail Churchill. 218 00:11:07,795 --> 00:11:10,503 She's convinced Morriston murdered her daughter. 219 00:11:10,564 --> 00:11:14,011 She's been waiting six years for a break in the case. She's flying in. 220 00:11:14,068 --> 00:11:16,776 So obviously Churchill found out about Morriston's past. 221 00:11:16,837 --> 00:11:17,872 VAN BUREN: More than that. 222 00:11:18,205 --> 00:11:20,583 She must've known something that put him in danger. 223 00:11:20,641 --> 00:11:23,178 Nail it down and we've got a motive. 224 00:11:26,782 --> 00:11:30,025 How does a con man bamboozle so many smart women? 225 00:11:30,085 --> 00:11:32,292 Practice, practice, practice. 226 00:11:33,088 --> 00:11:35,500 You ever hear of an outfit called lntelli-mate? 227 00:11:35,557 --> 00:11:38,436 Yeah. They run background checks for suspicious lovers. 228 00:11:38,493 --> 00:11:40,973 How romantic. You use them? (SCOFFS) 229 00:11:41,029 --> 00:11:42,406 What you got? 230 00:11:42,464 --> 00:11:45,240 MasterCard charge, two weeks ago. 231 00:11:45,901 --> 00:11:48,677 Seven hundred bucks to lntelli-mate. 232 00:11:50,071 --> 00:11:51,914 So most of your customers are women? 233 00:11:51,973 --> 00:11:53,044 90%. 234 00:11:53,109 --> 00:11:56,522 Today's world, a woman's gotta be nuts to date someone without running a check. 235 00:11:56,579 --> 00:12:00,755 Here we are. Gail Churchill, gave me a name and social security number. 236 00:12:00,817 --> 00:12:04,264 Said she wanted us to run a check on Richard Morriston. 237 00:12:04,487 --> 00:12:07,297 We found three arrests, four known aliases. 238 00:12:07,356 --> 00:12:10,337 Suspected in the unsolved disappearance of a girl in Utah. 239 00:12:12,094 --> 00:12:15,200 Did Ms. Churchill say how she came by the social security card? 240 00:12:15,264 --> 00:12:19,440 She was dating a guy named Landry. Found Morriston's card in his wallet. 241 00:12:19,503 --> 00:12:20,914 I guess it set off a red flag. 242 00:12:20,971 --> 00:12:22,746 And you mailed this information to her apartment? 243 00:12:22,806 --> 00:12:24,786 We don't do that for security reasons. 244 00:12:24,842 --> 00:12:26,879 I called her when it was ready, she picked it up. 245 00:12:27,811 --> 00:12:29,722 Day before the murders. 246 00:12:32,583 --> 00:12:35,792 We don't want to hold out any false hopes, Mrs. Fazekas. 247 00:12:35,852 --> 00:12:39,129 Don't apologize, Detective, I know you're not working on my daughter's case. 248 00:12:39,189 --> 00:12:40,532 Yeah. I just want to help. 249 00:12:40,591 --> 00:12:42,036 This is Detective Green. 250 00:12:42,092 --> 00:12:43,093 Hello. Hi. 251 00:12:43,160 --> 00:12:45,197 Can you help us with this? 252 00:12:46,564 --> 00:12:47,941 That's him. 253 00:12:48,867 --> 00:12:49,868 My God. 254 00:12:49,934 --> 00:12:51,607 ED: You recognize Ms. Churchill? 255 00:12:51,669 --> 00:12:55,242 No, it's the necklace she's wearing. It was my daughter's. 256 00:12:59,410 --> 00:13:00,912 So this is it. 257 00:13:03,348 --> 00:13:06,227 I've always known Beth was dead but seeing this necklace... 258 00:13:07,986 --> 00:13:09,659 Are you sure it's the same? 259 00:13:09,754 --> 00:13:11,392 My husband and I gave it to her. 260 00:13:11,456 --> 00:13:14,370 A heart-shaped diamond surrounded by rubies. 261 00:13:14,660 --> 00:13:17,641 We had it made for her 18th birthday. Did you find it? 262 00:13:17,696 --> 00:13:19,300 No, no ma'am. 263 00:13:19,865 --> 00:13:22,277 Do you have any receipts or anything authenticating the necklace? 264 00:13:22,334 --> 00:13:24,280 My husband registered it with Gemprint. 265 00:13:24,336 --> 00:13:27,545 It's a private appraisal and registration service. 266 00:13:29,275 --> 00:13:32,882 We use a laser-based scanner that interfaces with a PC. 267 00:13:33,913 --> 00:13:36,359 Fazekas, Carl, here's your stone. 268 00:13:37,249 --> 00:13:39,422 Originally registered in Salt Lake City. 269 00:13:39,485 --> 00:13:40,487 Originally? 270 00:13:41,054 --> 00:13:43,466 Uh, apparently it got sold somewhere along the line, 271 00:13:43,523 --> 00:13:46,333 'cause we re-registered it a few weeks ago. 272 00:13:46,526 --> 00:13:48,005 We're talking about a necklace, right? 273 00:13:48,061 --> 00:13:50,063 A heart-shaped diamond with rubies? 274 00:13:50,130 --> 00:13:51,234 (TYPING) 275 00:13:51,298 --> 00:13:52,299 Right here. 276 00:13:52,365 --> 00:13:54,174 Who registered it the second time? 277 00:13:54,834 --> 00:13:55,938 Churchill, Gail. 278 00:13:57,404 --> 00:13:59,008 Did you tell her she wasn't the first? 279 00:14:00,740 --> 00:14:02,845 She seemed puzzled, didn't say why. 280 00:14:03,810 --> 00:14:07,281 So Landry/Morriston gives Gail Churchill the necklace 281 00:14:07,348 --> 00:14:08,486 and a story to go along with it. 282 00:14:08,549 --> 00:14:11,257 Yeah, probably that he had it made especially for her. 283 00:14:11,319 --> 00:14:14,095 She's a jeweler so she knows it's valuable, and she knows about Gemprint, 284 00:14:14,155 --> 00:14:15,657 so she takes it there to get it registered. 285 00:14:15,723 --> 00:14:17,134 Yeah. Surprise! Surprise! 286 00:14:17,191 --> 00:14:18,329 Now she's suspicious, 287 00:14:18,392 --> 00:14:21,396 so she goes to his wallet and finds Morriston's social security card. 288 00:14:21,963 --> 00:14:23,965 And lntelli-mate puts it together for her. 289 00:14:24,298 --> 00:14:25,504 Morriston know he's a suspect? 290 00:14:25,566 --> 00:14:26,670 Not from us. 291 00:14:26,734 --> 00:14:28,680 So far he's just been a friendly witness. 292 00:14:28,736 --> 00:14:33,242 All right. Let's find him, keep him occupied until we get a search warrant. 293 00:14:36,144 --> 00:14:40,422 Isn't it awful? That poor little girl. Mark has been so upset. 294 00:14:40,482 --> 00:14:41,756 Could you tell him we're here? 295 00:14:41,817 --> 00:14:45,094 Oh, I'm so sorry, he called in from the field after you called 296 00:14:45,153 --> 00:14:46,689 and he said he really wants to talk with you. 297 00:14:46,755 --> 00:14:47,756 He's not here? 298 00:14:47,823 --> 00:14:50,133 No, he's not here at the moment. He said something came up 299 00:14:50,192 --> 00:14:52,331 and he just has to swing by his apartment on the way in. 300 00:14:52,394 --> 00:14:53,566 What time did you speak with him? 301 00:14:53,629 --> 00:14:54,767 About half an hour ago. 302 00:14:56,565 --> 00:14:58,169 Something wrong? 303 00:14:58,266 --> 00:15:02,841 Hey look, man, that's what you said five minutes ago. We need that warrant now. 304 00:15:02,905 --> 00:15:04,248 Thank you. 305 00:15:04,774 --> 00:15:07,050 There's been some kind of glitch. They're trying to track it down. 306 00:15:07,110 --> 00:15:09,716 Hey, why don't you guys wait outside until you get your warrant? 307 00:15:12,348 --> 00:15:13,725 I guess we won't have to. 308 00:15:17,153 --> 00:15:18,154 Too late. 309 00:15:20,390 --> 00:15:21,596 Thanks. 310 00:15:25,028 --> 00:15:27,338 You forget something, Morriston? 311 00:15:35,305 --> 00:15:36,716 I don't see a warrant. 312 00:15:36,774 --> 00:15:38,117 It'll be here in a minute. 313 00:15:39,576 --> 00:15:42,216 It is my understanding that "in a minute" 314 00:15:42,579 --> 00:15:45,788 and "right now" are two entirely different things. 315 00:15:48,919 --> 00:15:50,262 Excuse me. 316 00:15:55,960 --> 00:15:56,961 COP: Lennie. 317 00:16:00,532 --> 00:16:02,341 You got some tweezers, lover boy? 318 00:16:04,135 --> 00:16:08,277 What we'd love to have happen here, Morriston, just as a sideline, 319 00:16:08,339 --> 00:16:11,183 is you tell us where Beth Fazekas ended up. 320 00:16:11,476 --> 00:16:14,389 Her mother's a nice lady, maybe you'd like to help her out. 321 00:16:14,446 --> 00:16:16,426 I don't know where Beth is. 322 00:16:16,481 --> 00:16:17,789 How did I know you were gonna say that? 323 00:16:18,149 --> 00:16:19,389 ED: Lennie, 324 00:16:19,451 --> 00:16:21,523 look what was in the crawlspace above the closet. 325 00:16:21,587 --> 00:16:23,828 Labels say "Surefire Security." 326 00:16:24,290 --> 00:16:27,362 You one of those psychos who collects trophies? 327 00:16:56,256 --> 00:16:58,065 JACK: The only deal on the table 328 00:16:58,125 --> 00:17:01,106 is a plea of guilty to the top count of the indictment. 329 00:17:01,161 --> 00:17:05,371 Your indignation is based on fuzzy tapes showing a man who could be anybody. 330 00:17:05,432 --> 00:17:07,469 CARMICHAEL: Tapes that were recovered from his apartment. 331 00:17:07,534 --> 00:17:11,676 The video shows Mr. Morriston leading four people to their death. 332 00:17:11,738 --> 00:17:15,312 And the police found the lntelli-mate report in his desk at his office. 333 00:17:15,376 --> 00:17:18,482 A desk to which 40 people have unfettered access. 334 00:17:19,313 --> 00:17:20,986 RICHARD: I don't blame you. 335 00:17:21,349 --> 00:17:24,489 I know how this looks, but I didn't kill those people. 336 00:17:27,188 --> 00:17:30,533 It's gonna take more than a smarmy imitation of sincerity 337 00:17:30,591 --> 00:17:32,537 to explain away those tapes. 338 00:17:32,593 --> 00:17:33,594 LYMAN: Coincidentally, 339 00:17:34,529 --> 00:17:38,067 motion to suppress the tapes and anything else found in his apartment. 340 00:17:38,132 --> 00:17:39,907 Your legal theory being? 341 00:17:39,967 --> 00:17:42,278 Your detectives seized Mr. Morriston's apartment 342 00:17:42,337 --> 00:17:45,443 prior to the issuance of a valid search warrant. 343 00:17:48,243 --> 00:17:50,746 A toothpick? What were they thinking? 344 00:17:50,813 --> 00:17:52,451 Jack, what were they supposed to do? 345 00:17:52,514 --> 00:17:56,223 Let Morriston into his apartment, burn the tapes, throw them out the window? 346 00:17:56,285 --> 00:17:59,425 In about an hour, they will be thrown out the window by Judge Bradley. 347 00:17:59,488 --> 00:18:02,662 It's only because of those tapes that we know what really happened. 348 00:18:02,724 --> 00:18:03,998 Too bad the jury won't. 349 00:18:05,260 --> 00:18:08,639 At least we have the necklace. And we know he's lying about his alibi. 350 00:18:08,697 --> 00:18:11,201 Morriston claimed he was showing an apartment at Carrington House 351 00:18:11,267 --> 00:18:12,371 when the murders took place. 352 00:18:12,435 --> 00:18:15,245 But now we know where he was. Tapes put him at the crime scene. 353 00:18:15,305 --> 00:18:17,785 But if Jack's right, we're the only ones who'll ever know. 354 00:18:17,841 --> 00:18:21,084 If we can't prove where he was, we'd damn well better be able to prove where he wasn't. 355 00:18:21,144 --> 00:18:25,092 You go over his alibi again. Let's account for every minute of his day. 356 00:18:25,415 --> 00:18:27,861 I'll go wrangle with Judge Bradley. 357 00:18:27,951 --> 00:18:29,396 The insertion of the toothpick 358 00:18:29,452 --> 00:18:32,990 constituted an unlawful seizure of my client's apartment. 359 00:18:33,223 --> 00:18:35,863 Mr. Lyman's desperation is showing, Your Honor, 360 00:18:35,926 --> 00:18:39,874 because that videotape irrefutably shows his client's guilt. 361 00:18:39,930 --> 00:18:43,503 The detectives were merely securing the premises while awaiting the warrant. 362 00:18:43,567 --> 00:18:46,548 They had no right to secure the premises prior to its arrival. 363 00:18:46,604 --> 00:18:49,084 If they hadn't, his client would have destroyed evidence. 364 00:18:49,139 --> 00:18:51,881 Are you arguing there were exigent circumstances, Counselor? 365 00:18:51,942 --> 00:18:54,149 Certainly there was exigency. 366 00:18:54,245 --> 00:18:57,158 The defendant has a history of wriggling out of damaging situations. 367 00:18:57,214 --> 00:18:58,818 People v. Calder. 368 00:18:58,883 --> 00:19:02,626 Unless the police believed there was an imminent risk of bodily harm to another, 369 00:19:02,686 --> 00:19:04,758 they clearly violated procedure. 370 00:19:04,823 --> 00:19:08,032 Your honor, the arrival of Mr. Morriston and the arrival of the warrant 371 00:19:08,093 --> 00:19:09,470 were virtually simultaneous. 372 00:19:09,528 --> 00:19:12,031 I understand the People have powerful evidence, Mr. McCoy, 373 00:19:12,097 --> 00:19:14,634 but there's no way around the Fourth Amendment here. 374 00:19:15,000 --> 00:19:16,001 The tapes are out. 375 00:19:16,067 --> 00:19:17,444 For God's sake judge, did you watch them? 376 00:19:17,502 --> 00:19:18,537 I did not. 377 00:19:18,603 --> 00:19:20,810 I knew I had to exclude them. 378 00:19:21,439 --> 00:19:23,715 I didn't want them to taint my objectivity. 379 00:19:26,177 --> 00:19:28,919 Landry, Morriston, whatever the hell his name is 380 00:19:28,980 --> 00:19:32,622 he certainly wasn't at Carrington House when we were there. 381 00:19:32,685 --> 00:19:33,959 And what time was that? 382 00:19:34,020 --> 00:19:36,364 We got there a little after 5:00. 383 00:19:36,622 --> 00:19:38,659 Your appointment with him was for 4:30? 384 00:19:39,025 --> 00:19:40,936 We're busy people, Ms. Carmichael, 385 00:19:40,993 --> 00:19:43,564 I mean, he was working for us, he should've waited. 386 00:19:43,696 --> 00:19:45,698 Okay. So you talked to him later? 387 00:19:45,765 --> 00:19:48,871 Yes. He said he waited for 30 minutes, 388 00:19:48,934 --> 00:19:51,972 then went to do something else and came back later. 389 00:19:52,038 --> 00:19:54,018 Obviously, after we left. 390 00:19:54,073 --> 00:19:55,108 When was that? 391 00:19:55,174 --> 00:19:56,745 It was 5:20. 392 00:19:56,810 --> 00:19:59,381 We waited for 15 minutes. 393 00:20:01,248 --> 00:20:03,091 CARMICHAEL: The doorman at the Carrington House said 394 00:20:03,150 --> 00:20:06,893 that Morriston showed up one late afternoon in November carrying a gym bag. 395 00:20:06,954 --> 00:20:08,092 JACK: Can't pin down the date? 396 00:20:08,155 --> 00:20:09,793 CARMICHAEL: No but he said it's the only time 397 00:20:09,856 --> 00:20:12,803 he's ever seen Morriston carrying anything but a briefcase. 398 00:20:12,859 --> 00:20:15,169 So Morriston made the appointment for 4:30, 399 00:20:15,228 --> 00:20:17,868 thinking he'd have an hour and a half to kill those people, 400 00:20:17,931 --> 00:20:20,468 grab some jewels and still make his appointment. 401 00:20:20,534 --> 00:20:24,449 But Gail Churchill wasn't where she was supposed to be, he had to wait for her. 402 00:20:24,505 --> 00:20:25,916 And then he put in an appearance 403 00:20:25,974 --> 00:20:28,250 at Carrington House just to cover himself, 404 00:20:28,309 --> 00:20:30,880 if that was the day he carried the gym bag. 405 00:20:30,945 --> 00:20:33,482 Well, it had to be, Jack. He had to have some way of carrying the gun 406 00:20:33,548 --> 00:20:35,858 and the jewels out of the store. 407 00:20:36,317 --> 00:20:39,924 Is the apartment Morriston was supposed to show still empty? 408 00:20:39,988 --> 00:20:42,764 The new owners are doing some remodeling before they move in. 409 00:20:42,824 --> 00:20:45,065 The workers start on Thursday. 410 00:20:45,660 --> 00:20:48,971 Make sure Briscoe and Green have warrant in hand this time. 411 00:20:49,030 --> 00:20:50,704 And no toothpicks. 412 00:20:52,634 --> 00:20:56,081 My maintenance people say Mr. Landry was in this apartment 413 00:20:56,138 --> 00:21:00,109 at least four times between November 12th and the date he became, 414 00:21:01,009 --> 00:21:03,250 unavailable for further visits. 415 00:21:03,512 --> 00:21:06,015 Did Landry have access to any other empty apartments? 416 00:21:06,081 --> 00:21:08,220 This is the only one he was showing at the time. 417 00:21:09,051 --> 00:21:10,052 Power switched off? 418 00:21:10,119 --> 00:21:11,792 When the apartments are vacant, yes. 419 00:21:11,854 --> 00:21:15,165 What if a realtor wants to show this place at night? 420 00:21:15,424 --> 00:21:16,698 Where'd you find it? 421 00:21:16,759 --> 00:21:19,001 They were hidden in a locked electrical room. 422 00:21:19,062 --> 00:21:21,599 The manager says Morriston had a key. 423 00:21:21,965 --> 00:21:25,242 Hey, guys, how much law school did Morriston have before he dropped out? 424 00:21:25,302 --> 00:21:26,645 JACK: Why? 425 00:21:33,677 --> 00:21:37,523 I have both a statutory and a constitutional right to represent myself, Judge. 426 00:21:37,580 --> 00:21:40,322 I advise you against this course of action, Mr. Morriston. 427 00:21:40,383 --> 00:21:43,830 The standard is a knowing, voluntary and intelligent waiver 428 00:21:43,887 --> 00:21:45,196 of the right to counsel. 429 00:21:45,256 --> 00:21:46,929 I'm exercising it. 430 00:21:47,191 --> 00:21:50,502 I don't want his conviction overturned because of inadequate representation. 431 00:21:50,561 --> 00:21:53,508 The defendant is within his rights, Mr. McCoy. 432 00:21:55,332 --> 00:21:58,575 I request you appoint Mr. Lyman as his legal advisor. 433 00:21:59,603 --> 00:22:01,082 Mr. Morriston? 434 00:22:01,672 --> 00:22:03,015 It's fine with me, Your Honor. 435 00:22:03,741 --> 00:22:04,947 Then, if there's nothing else... 436 00:22:05,009 --> 00:22:06,352 RICHARD: I'd like to request bail. 437 00:22:07,211 --> 00:22:09,817 Mr. Lyman should've made application for bail 438 00:22:09,880 --> 00:22:13,021 after the tapes were excluded based on changed circumstances. 439 00:22:13,084 --> 00:22:15,394 The man is a vicious predator and he's a flight risk. 440 00:22:15,454 --> 00:22:18,401 Mr. Morriston has lived in New York for three years, 441 00:22:18,457 --> 00:22:23,031 he has close ties with the community, he has a job to go back to after he is acquitted. 442 00:22:23,095 --> 00:22:24,096 Your Honor... 443 00:22:24,162 --> 00:22:26,039 There is no basis for denying bail. 444 00:22:26,098 --> 00:22:28,942 Don't try to tell me my job, Mr. Morriston. 445 00:22:29,935 --> 00:22:31,107 You either, Mr. McCoy. 446 00:22:31,536 --> 00:22:34,449 Bail for this defendant is set in the amount of $1 million. 447 00:22:34,506 --> 00:22:35,985 Your Honor, one more thing, 448 00:22:36,041 --> 00:22:39,148 I move to suppress the necklace and my prior arrest record. 449 00:22:39,212 --> 00:22:41,419 The necklace has no bearing on this case. 450 00:22:41,481 --> 00:22:45,156 That's absurd. Gail Churchill's discovery of the circumstances of the necklace 451 00:22:45,218 --> 00:22:47,323 provides the defendant with motive. 452 00:22:47,553 --> 00:22:51,501 I agree with the People on the necklace. It is inextricably linked to this case. 453 00:22:51,557 --> 00:22:53,503 As for the fraud conviction, 454 00:22:54,527 --> 00:22:58,407 I'll let the conviction come in, Mr. McCoy, but not its underlying facts. 455 00:22:58,464 --> 00:22:59,465 Your Honor... 456 00:22:59,532 --> 00:23:03,173 That's enough, Mr. Morriston. You have atrial to prepare for. 457 00:23:07,875 --> 00:23:11,186 JACK: This will be a difficult time for all of you. 458 00:23:11,879 --> 00:23:16,021 You'll be asked to examine horrifying photographs of a savage crime. 459 00:23:17,684 --> 00:23:20,187 You'll be asked to confront the fact 460 00:23:21,021 --> 00:23:24,867 that this well-dressed, soft-spoken defendant 461 00:23:25,626 --> 00:23:28,300 is capable of terrible barbarity. 462 00:23:29,163 --> 00:23:32,976 The state of New York appreciates your putting your own lives on hold 463 00:23:33,034 --> 00:23:39,212 in order to seek justice for the four victims of Mr. Morriston's butchery. 464 00:23:54,055 --> 00:23:55,966 I agree with Mr. McCoy. 465 00:23:57,492 --> 00:24:00,872 These victims cry out for justice 466 00:24:00,930 --> 00:24:04,139 and I'm grateful that the state of New York has the resources 467 00:24:04,200 --> 00:24:06,009 to avenge these terrible killings. 468 00:24:06,969 --> 00:24:08,448 My girlfriend 469 00:24:10,606 --> 00:24:12,586 and her sweet little daughter. 470 00:24:13,442 --> 00:24:17,891 Mr. and Mrs. Bennett, a lovely couple, who never harmed a soul. 471 00:24:19,348 --> 00:24:24,957 Justice demands condemnation of the guilty, not the sacrifice of the innocent. 472 00:24:27,591 --> 00:24:29,730 And I stand here before you, 473 00:24:31,428 --> 00:24:33,032 an innocent man. 474 00:24:35,198 --> 00:24:37,405 I ask you please, 475 00:24:38,935 --> 00:24:42,610 please pay close attention to Mr. McCoy's case 476 00:24:43,974 --> 00:24:47,285 and decide whether you see one shred of evidence that proves my guilt. 477 00:24:49,045 --> 00:24:51,582 The rest of my life is in your hands. 478 00:24:52,984 --> 00:24:54,327 Thank you. 479 00:24:58,623 --> 00:25:00,432 HERRICK: The spatter patterns were clear. 480 00:25:00,491 --> 00:25:02,334 Mr. Bennett was shot first, 481 00:25:02,927 --> 00:25:07,933 Mrs. Bennett second, then Mrs. Churchill and finally the little girl. 482 00:25:07,999 --> 00:25:10,070 Could you describe the child's wounds? 483 00:25:10,134 --> 00:25:11,704 Objection, Your Honor, this is clearly... 484 00:25:11,769 --> 00:25:15,273 Mr. Morriston, it's customary to stand when addressing the court. 485 00:25:15,506 --> 00:25:17,850 I think... Yes, sir, I apologize. 486 00:25:18,743 --> 00:25:22,123 I think Mr. McCoy is attempting to prejudice the jury. 487 00:25:26,151 --> 00:25:30,258 The jury can't render a verdict unless it's made aware of the nature of the crime. 488 00:25:30,322 --> 00:25:32,598 These are intelligent, sensitive people. 489 00:25:32,658 --> 00:25:35,605 You're forcing them to dwell on the horror of this carnage. 490 00:25:35,661 --> 00:25:39,803 Mr. Morriston, please address your remarks to the court, not to opposing counsel. 491 00:25:39,865 --> 00:25:41,208 And keep your voice down. 492 00:25:41,266 --> 00:25:42,745 I'm sorry, sir, I didn't know. 493 00:25:42,801 --> 00:25:45,873 Now you do. The witness may answer the question. 494 00:25:48,641 --> 00:25:52,282 Ellie Churchill sustained a single gunshot wound to the back. 495 00:25:52,345 --> 00:25:55,519 It perforated her heart. Death was instantaneous. 496 00:25:56,082 --> 00:25:57,425 Thank you. 497 00:25:57,984 --> 00:25:59,588 Nothing further. 498 00:26:01,187 --> 00:26:02,530 Mr. Morriston? 499 00:26:15,102 --> 00:26:19,073 Your Honor, there's no debate that the victims are horribly dead. 500 00:26:23,544 --> 00:26:25,148 I'm not sure what to ask. 501 00:26:27,615 --> 00:26:28,958 Mr. Lyman? 502 00:26:31,652 --> 00:26:35,998 In your examination of the bodies, did you find any forensic evidence 503 00:26:36,056 --> 00:26:38,969 that enabled you to determine the identity of the killer? 504 00:26:39,760 --> 00:26:40,967 HERRICK: I did not. 505 00:26:41,029 --> 00:26:42,064 LYMAN: Thank you. 506 00:26:42,130 --> 00:26:44,041 JUDGE: Mr. Morriston, do you have any further questions? 507 00:26:44,733 --> 00:26:46,713 No, I'm through, Your Honor. 508 00:26:53,708 --> 00:26:57,349 There is more flirting going on in there than at spring break on Padre Island. 509 00:26:57,412 --> 00:27:00,882 That's how Mr. Morriston's gotten through life, by turning on the charm. 510 00:27:00,949 --> 00:27:03,429 Well, shouldn't we notify Judge Bradley? 511 00:27:03,485 --> 00:27:05,590 I need something more tangible. 512 00:27:05,653 --> 00:27:08,032 See if Lieutenant Van Buren can spare the manpower 513 00:27:08,090 --> 00:27:10,934 to keep tabs on him when he's not in court. 514 00:27:13,562 --> 00:27:16,304 Beth disappeared on October 3rd, 1994. 515 00:27:16,932 --> 00:27:20,880 She'd asked me if she could use our house outside Provo for a few days. 516 00:27:20,936 --> 00:27:22,745 The police told us she never made it there. 517 00:27:22,805 --> 00:27:25,012 Did Beth say she'd be going by herself? 518 00:27:25,074 --> 00:27:29,022 Yes, she said she wanted to be alone to think some things through. 519 00:27:29,078 --> 00:27:30,614 JACK: Did she say what things? 520 00:27:30,679 --> 00:27:32,750 She said she didn't want to talk about it yet. 521 00:27:32,915 --> 00:27:35,988 I got the impression that things weren't going well with Richard. 522 00:27:36,053 --> 00:27:37,691 Objection, speculative. 523 00:27:37,754 --> 00:27:39,392 JUDGE: Sustained. 524 00:27:40,757 --> 00:27:42,794 People's four, Your Honor. 525 00:27:43,093 --> 00:27:46,404 This is the photograph of the defendant with Gail Churchill. 526 00:27:47,698 --> 00:27:49,439 Have you seen this photograph before? 527 00:27:49,499 --> 00:27:52,241 Yes. The New York police showed it to me. 528 00:27:52,502 --> 00:27:54,539 I told them this necklace was my daughter's. 529 00:27:54,604 --> 00:27:58,575 Do you know how it went from your daughter's possession to Ms. Churchill's? 530 00:27:58,642 --> 00:28:01,055 LYMAN: Objection. Calls for speculation. 531 00:28:01,112 --> 00:28:02,113 Sustained. 532 00:28:03,781 --> 00:28:05,692 I have nothing further. 533 00:28:22,200 --> 00:28:23,440 Mary, you know me. 534 00:28:24,569 --> 00:28:28,177 You know how I felt about Beth, you can't think I'd have harmed her. 535 00:28:28,240 --> 00:28:30,686 Does Mr. Morriston have a question for this witness 536 00:28:30,742 --> 00:28:32,722 he'd like to share with the rest of us? 537 00:28:32,778 --> 00:28:36,225 JUDGE: Mr. Morriston, speak so the court can hear you. 538 00:28:40,219 --> 00:28:42,290 When Beth disappeared, what was my reaction? 539 00:28:44,156 --> 00:28:46,295 You pretended to be frantic. 540 00:28:46,692 --> 00:28:47,727 LYMAN: Your Honor... 541 00:28:47,826 --> 00:28:50,568 JUDGE: Mrs. Fazekas, your opinions and intuitions 542 00:28:50,629 --> 00:28:52,609 can form no part of these proceedings. 543 00:28:52,998 --> 00:28:54,910 Please stick to the facts. 544 00:28:54,968 --> 00:28:56,470 Mr. Morriston? 545 00:28:57,904 --> 00:28:59,440 I can't do this. 546 00:29:00,073 --> 00:29:02,178 JUDGE: Would you like Mr. Lyman to take over? 547 00:29:02,609 --> 00:29:06,716 No, sir, I'd rather not put this lady through any more of this. 548 00:29:08,181 --> 00:29:09,182 No further questions. 549 00:29:13,119 --> 00:29:15,156 Do you recognize these items? 550 00:29:15,221 --> 00:29:19,192 Yes. That's the murder weapon and that's the merchandise taken from Bennett jewelry. 551 00:29:19,259 --> 00:29:20,932 Where did you recover them? 552 00:29:20,994 --> 00:29:25,603 They were hidden in an electrical room on the 10th floor of Carrington House. 553 00:29:26,934 --> 00:29:31,474 The apartment Mr. Morriston was supposed to show that day what floor was it on? 554 00:29:32,406 --> 00:29:33,476 Ten. 555 00:29:35,142 --> 00:29:37,748 Thank you, Detective. Nothing further. 556 00:29:56,665 --> 00:29:59,737 Were my fingerprints on any of these items that you found? 557 00:29:59,801 --> 00:30:01,940 The evidence indicated the killer wore gloves. 558 00:30:02,003 --> 00:30:03,277 RICHARD: I'm sorry, Detective. 559 00:30:03,605 --> 00:30:05,983 I believe that that was a yes or no question. 560 00:30:06,041 --> 00:30:08,078 JUDGE: Yes or no, Detective. 561 00:30:09,077 --> 00:30:10,454 (SIGHS) No. 562 00:30:10,612 --> 00:30:13,092 Did you try and link me with the gun? Yes or no? 563 00:30:13,381 --> 00:30:14,416 BRISCOE: Yes. 564 00:30:14,482 --> 00:30:16,827 And were you successful? Yes or no? 565 00:30:17,920 --> 00:30:18,955 No. 566 00:30:22,625 --> 00:30:23,729 Thank you. 567 00:30:26,796 --> 00:30:28,673 RICHARD: Detective Briscoe, 568 00:30:31,367 --> 00:30:34,439 when you and your partner talked to me after the murders, 569 00:30:34,503 --> 00:30:37,143 did you ask me where I was on the afternoon of the 12th? 570 00:30:37,206 --> 00:30:40,983 Yes. You said you were showing an apartment at Carrington House. 571 00:30:41,377 --> 00:30:42,721 Thank you. 572 00:30:43,780 --> 00:30:45,919 That's all. Nothing further. 573 00:30:52,222 --> 00:30:54,099 (WHISPERING INAUDIBLY) 574 00:30:54,291 --> 00:30:56,100 Approach, Your Honor? 575 00:30:56,560 --> 00:30:58,369 JUDGE: Mr. Morriston. 576 00:31:00,397 --> 00:31:04,004 My opinion, we have a serious problem with juror number one. 577 00:31:04,801 --> 00:31:06,439 Send the jury out. 578 00:31:07,104 --> 00:31:10,552 I will see the rest of you in my chambers in one hour. 579 00:31:11,175 --> 00:31:13,781 Judge Bradley, he's flirting with the jury foreperson 580 00:31:13,845 --> 00:31:15,381 and she's flirting with him. 581 00:31:15,446 --> 00:31:19,155 Your Honor, I was simply addressing the jury. Is that wrong? 582 00:31:19,717 --> 00:31:23,631 So, what do you suggest, Mr. McCoy? I can't order the jury to wear blindfolds. 583 00:31:23,688 --> 00:31:27,101 The People request you remove juror number one and seat an alternate. 584 00:31:27,158 --> 00:31:28,364 JUDGE: On what grounds? 585 00:31:28,426 --> 00:31:29,427 Do you have any evidence 586 00:31:29,494 --> 00:31:32,304 the defendant is improperly influencing members of this jury? 587 00:31:32,430 --> 00:31:34,376 He's contacting them outside of the court? 588 00:31:34,432 --> 00:31:35,570 That he's offering them inducements? 589 00:31:36,101 --> 00:31:38,843 I believe there's a considerable amount of unspoken communication 590 00:31:38,904 --> 00:31:40,178 going on between the two of them. 591 00:31:40,239 --> 00:31:45,086 Mr. McCoy, I'm afraid I'll need a lot more than that to remove a juror mid-trial. 592 00:31:45,377 --> 00:31:46,822 People's request denied. 593 00:31:47,846 --> 00:31:50,918 Mr. Morriston, this court is not a singles bar. 594 00:31:51,517 --> 00:31:54,430 You will conduct yourself with the proper decorum. 595 00:31:57,523 --> 00:32:00,970 There is no margin of error in the process, Mr. McCoy. 596 00:32:01,093 --> 00:32:03,973 The Gemprint system is as accurate as DNA. 597 00:32:04,431 --> 00:32:08,777 So your testimony is that the necklace registered by Mr. Fazekas in Utah, 598 00:32:08,835 --> 00:32:11,975 is the same necklace Gail Churchill registered in New York? 599 00:32:12,238 --> 00:32:13,239 Yes, sir. 600 00:32:15,542 --> 00:32:17,954 Thank you. I have nothing further. 601 00:32:27,320 --> 00:32:31,133 Is it your understanding that DNA is an infallible identification technique? 602 00:32:32,059 --> 00:32:33,060 Pretty close. 603 00:32:39,867 --> 00:32:43,838 So, when you compare your technique to DNA 604 00:32:43,904 --> 00:32:48,011 you're saying that Gemprint comes "pretty close" to being accurate? 605 00:32:48,409 --> 00:32:49,752 That's not what I said. 606 00:32:50,277 --> 00:32:52,382 That's what some of us heard. 607 00:32:53,514 --> 00:32:54,618 Um... 608 00:32:55,516 --> 00:32:57,656 No more questions. Thank you. 609 00:32:59,254 --> 00:33:00,460 Mr. McCoy. 610 00:33:00,522 --> 00:33:02,661 The People rest, Your Honor. 611 00:33:02,791 --> 00:33:05,533 Is the defense ready to proceed with its case? 612 00:33:06,361 --> 00:33:09,740 Yes, sir, we call Annette Perry. 613 00:33:10,632 --> 00:33:12,009 Your Honor... 614 00:33:12,834 --> 00:33:15,337 There's no such name on the witness list. 615 00:33:16,104 --> 00:33:17,447 Mr. Lyman? 616 00:33:19,007 --> 00:33:23,457 Mr. Morisston informed me only today, Your Honor. Ms. Perry is an alibi witness. 617 00:33:23,513 --> 00:33:27,928 If the defendant has an alibi witness, the People have a right to statutory notice. 618 00:33:27,984 --> 00:33:30,294 You have 48 hours to check out the witness. 619 00:33:30,520 --> 00:33:32,124 (GAVEL BANGING) 620 00:33:35,992 --> 00:33:40,338 Annette Perry is the receptionist at the realty company where Morriston works. 621 00:33:40,396 --> 00:33:43,843 According to several of her co-workers, she's had the hots for Morriston, 622 00:33:43,900 --> 00:33:46,744 who, up until now, has shown zero interest in her. 623 00:33:46,802 --> 00:33:48,839 What kind of interest is he showing now? 624 00:33:48,905 --> 00:33:51,853 Well, according to the cops, he's had dinner at her apartment 625 00:33:51,909 --> 00:33:56,051 twice in the past couple of days, each time he stayed several hours. 626 00:33:56,947 --> 00:33:58,927 Track down Judge Bradley 627 00:33:59,049 --> 00:34:02,622 and have the cops find out where Ms. Perry really was that afternoon. 628 00:34:02,686 --> 00:34:04,563 They're already on it. 629 00:34:05,789 --> 00:34:08,633 Putting this woman on the stand amounts to suborning perjury. 630 00:34:08,692 --> 00:34:11,229 Judge, there's nothing to say the witness is lying. 631 00:34:11,295 --> 00:34:12,672 The tapes say it. 632 00:34:12,730 --> 00:34:14,710 The tapes aren't part of the evidence. 633 00:34:14,765 --> 00:34:18,213 Mr. Morriston is with Ms. Perry every night of the week, Your Honor. 634 00:34:18,670 --> 00:34:19,705 How do you know that? 635 00:34:19,771 --> 00:34:22,479 I instructed the police to keep tabs on him. 636 00:34:22,540 --> 00:34:24,486 We think he's a flight risk 637 00:34:24,542 --> 00:34:27,853 and his inappropriate behavior towards the jury may extend beyond the courtroom. 638 00:34:28,213 --> 00:34:30,193 Since Mr. Morriston is acting pro se, 639 00:34:30,248 --> 00:34:33,695 having him followed is tantamount to intimidating counsel, Mr. McCoy. 640 00:34:33,751 --> 00:34:35,321 Call off the dogs. 641 00:34:35,386 --> 00:34:38,856 Mr. Morriston, you do understand what suborning perjury means? 642 00:34:38,923 --> 00:34:41,836 Ms. Perry can prove that I did not commit the crime, Your Honor, 643 00:34:41,893 --> 00:34:43,931 you can't refuse to let her testify. 644 00:34:43,996 --> 00:34:45,907 JACK: She's on the stand, Mr. Morriston, 645 00:34:45,965 --> 00:34:47,467 feeding her leading questions. 646 00:34:47,533 --> 00:34:49,171 You think I'm some kind of Svengali? 647 00:34:49,235 --> 00:34:51,306 Fine. Let Mr. Lyman question her. 648 00:34:51,370 --> 00:34:53,611 I'll sit in my seat and not say a word. 649 00:34:53,672 --> 00:34:54,707 JUDGE: Mr. McCoy? 650 00:34:54,773 --> 00:34:56,650 Still clearly perjury, Your Honor. 651 00:34:56,709 --> 00:34:59,713 He has a right to an alibi witness, Mr. McCoy. 652 00:35:00,880 --> 00:35:02,518 Send in the jury. 653 00:35:06,085 --> 00:35:10,192 Do you remember where you were the afternoon of November 12th of last year? 654 00:35:10,689 --> 00:35:11,896 I was with him. 655 00:35:11,958 --> 00:35:14,165 He was showing me around Carrington House. 656 00:35:14,661 --> 00:35:18,108 I told him how much I would love to see inside a famous building like that, 657 00:35:18,165 --> 00:35:20,202 and he was nice enough to show it to me. 658 00:35:20,267 --> 00:35:23,578 What time did you and he arrive at Carrington House? 659 00:35:23,870 --> 00:35:27,249 We got there a little after 3:00 and left around 5:30. 660 00:35:28,241 --> 00:35:31,711 Did the defendant ask you to come here and lie for him? 661 00:35:31,912 --> 00:35:33,391 He wouldn't do that. 662 00:35:34,181 --> 00:35:36,718 Thank you, Ms. Perry, that'll be all. 663 00:35:39,187 --> 00:35:41,997 Are you in love with the defendant, Ms. Perry? 664 00:35:42,056 --> 00:35:43,626 Objection, relevance. 665 00:35:43,691 --> 00:35:45,227 It's obvious, Your Honor. 666 00:35:45,293 --> 00:35:47,899 JUDGE: Overruled. Go ahead, Mr. McCoy. 667 00:35:48,729 --> 00:35:50,072 Ms. Perry? 668 00:35:50,665 --> 00:35:53,441 We have a strictly professional relationship. 669 00:35:55,236 --> 00:35:58,342 Have you had dinner with Mr. Morriston recently? 670 00:35:59,407 --> 00:36:01,182 Just the two of you? 671 00:36:01,375 --> 00:36:03,116 Yes, several times. 672 00:36:03,644 --> 00:36:04,817 Where? 673 00:36:05,681 --> 00:36:07,285 In my apartment. 674 00:36:07,416 --> 00:36:10,022 JACK: And these meetings were strictly professional? 675 00:36:10,452 --> 00:36:11,760 PERRY: Yes, sir, they were. 676 00:36:11,820 --> 00:36:13,561 JACK: What was the business 677 00:36:13,655 --> 00:36:17,728 you and Mr. Morriston had with each other on these occasions? 678 00:36:18,226 --> 00:36:20,763 He was helping me study for my real estate exam. 679 00:36:20,829 --> 00:36:24,367 And he was doing this out of the goodness of his heart? 680 00:36:24,733 --> 00:36:28,374 Yes. He's a very generous, thoughtful person. 681 00:36:29,438 --> 00:36:32,249 I told him it could wait until after the trial, but he insisted. 682 00:36:33,209 --> 00:36:35,712 JACK: Where were you on November the 12th, Ms. Perry? 683 00:36:36,179 --> 00:36:38,921 Objection. Asked and answered, Your Honor. 684 00:36:39,115 --> 00:36:40,753 JUDGE: Sustained. 685 00:36:41,050 --> 00:36:43,360 Are you aware of the penalty for perjury? 686 00:36:43,419 --> 00:36:45,365 LYMAN: Objection. Mr. McCoy? 687 00:36:48,791 --> 00:36:50,395 Nothing further. 688 00:36:52,128 --> 00:36:53,368 LYMAN: Richard, 689 00:36:54,664 --> 00:36:57,770 I would like to take you through Mr. McCoy's case, 690 00:36:57,834 --> 00:37:01,044 and I would like you to address the jury directly. 691 00:37:02,873 --> 00:37:04,648 If you were already at Carrington House, 692 00:37:05,309 --> 00:37:08,119 why didn't you keep your 4:30 appointment? 693 00:37:08,412 --> 00:37:12,952 Annette was having such a good time I hated to cut it short and disappoint her. 694 00:37:13,017 --> 00:37:15,429 I can reschedule an appointment at any time. 695 00:37:15,486 --> 00:37:17,523 Did you ask Annette Perry to lie for you? 696 00:37:18,155 --> 00:37:19,566 No, I did not. 697 00:37:19,623 --> 00:37:22,035 Now, about the gun and the jewels. 698 00:37:22,092 --> 00:37:25,267 Do you have any explanation as to why they were found at Carrington House? 699 00:37:25,330 --> 00:37:28,277 Well, I don't know that they were, Mr. Lyman. 700 00:37:28,400 --> 00:37:30,937 I only know that the police say that they were. 701 00:37:32,971 --> 00:37:34,211 Richard, 702 00:37:36,308 --> 00:37:38,652 did you kill any of these people? 703 00:37:38,877 --> 00:37:40,049 Adam and Corinne Bennett? 704 00:37:40,478 --> 00:37:41,980 No, I did not. 705 00:37:46,051 --> 00:37:47,587 Gail Churchill? 706 00:37:49,154 --> 00:37:50,394 God, no. 707 00:37:53,993 --> 00:37:55,472 Ellie Churchill? 708 00:37:57,863 --> 00:37:58,898 No. 709 00:38:01,000 --> 00:38:02,741 Thank you, Richard. 710 00:38:05,471 --> 00:38:11,012 I notice Mr. Lyman didn't ask you about the report from Intelli-mate 711 00:38:11,077 --> 00:38:13,557 that was found in your office. 712 00:38:13,846 --> 00:38:16,656 Is that because you're having trouble coming up with a lie 713 00:38:16,716 --> 00:38:18,354 that covers that circumstance? 714 00:38:18,417 --> 00:38:20,125 LYMAN: Objection. JUDGE: Sustained. 715 00:38:20,287 --> 00:38:21,960 Watch your step, Mr. McCoy. 716 00:38:22,656 --> 00:38:24,966 How did that report come into your possession? 717 00:38:25,359 --> 00:38:27,339 I don't know, Mr. McCoy. 718 00:38:28,862 --> 00:38:31,138 Perhaps the police planted that, too? 719 00:38:31,665 --> 00:38:32,973 That would explain it. 720 00:38:33,300 --> 00:38:37,214 Did the Denver police plant the evidence that led to your fraud conviction there? 721 00:38:37,270 --> 00:38:38,271 Objection. 722 00:38:38,338 --> 00:38:40,784 Overruled, the witness will answer. 723 00:38:42,009 --> 00:38:45,252 I don't think they framed me, I think they just made a mistake. 724 00:38:45,479 --> 00:38:50,361 You're asking this jury to believe that New York police framed you, 725 00:38:51,419 --> 00:38:54,229 the Denver police are incompetent 726 00:38:55,156 --> 00:39:00,538 and that Beth Fazekas's necklace wound up in your possession by coincidence. 727 00:39:01,129 --> 00:39:03,575 I don't have any other explanations, Mr. McCoy. 728 00:39:03,631 --> 00:39:09,547 Twenty-four hours after Gail Churchill found out whose necklace you gave her, 729 00:39:09,704 --> 00:39:10,842 she was dead. 730 00:39:11,339 --> 00:39:16,289 Are you asking this jury to believe that those two events are unrelated? 731 00:39:16,345 --> 00:39:19,849 You can pile up coincidences, Mr. McCoy, you can slather on the sarcasm, 732 00:39:19,915 --> 00:39:22,691 but you will not get me to say that I killed anybody. 733 00:39:23,252 --> 00:39:24,925 Because I did not. 734 00:39:25,120 --> 00:39:29,091 Don't you think your lies amount to a confession? 735 00:39:29,158 --> 00:39:30,193 LYMAN: Objection. 736 00:39:30,259 --> 00:39:32,865 JUDGE: Sustained. Rephrase, Mr. McCoy. 737 00:39:39,535 --> 00:39:40,879 Withdrawn. 738 00:39:50,380 --> 00:39:52,382 Based on your note, Madam Foreperson, 739 00:39:52,449 --> 00:39:55,453 I see you are still unable to reach a verdict. 740 00:39:55,785 --> 00:39:56,923 Is that correct? 741 00:39:56,986 --> 00:39:58,158 Yes, Your Honor. 742 00:39:58,221 --> 00:40:02,067 I also understand that further deliberation would be pointless. 743 00:40:02,158 --> 00:40:03,728 Is that correct? 744 00:40:03,793 --> 00:40:04,897 Yes, Your Honor. 745 00:40:04,961 --> 00:40:06,338 Thank you. Thank you for seeing through the lies... 746 00:40:06,396 --> 00:40:07,398 (GAVEL BANGING) 747 00:40:07,464 --> 00:40:09,273 Quiet, Mr. Morriston. 748 00:40:10,801 --> 00:40:14,374 Counselors, based on that record, I have no choice but to declare a mistrial. 749 00:40:15,406 --> 00:40:16,976 Ladies and gentlemen, you're excused. 750 00:40:17,241 --> 00:40:18,447 (GAVEL BANGING) 751 00:40:24,315 --> 00:40:27,023 How far are we from going to trial on the serial rapist? 752 00:40:27,084 --> 00:40:29,121 The defense just asked for their third continuance 753 00:40:29,186 --> 00:40:30,631 and Lewin wants me to give it to them. 754 00:40:30,688 --> 00:40:33,362 Well, we're about to get buried on our car-jacking friend. 755 00:40:33,425 --> 00:40:34,426 What can I do? 756 00:40:34,492 --> 00:40:35,493 (KNOCKING ON DOOR) 757 00:40:38,563 --> 00:40:40,236 Can I talk to you? 758 00:40:42,934 --> 00:40:44,174 Come in. 759 00:40:49,908 --> 00:40:52,320 I think I made a terrible mistake. 760 00:40:56,648 --> 00:40:58,286 He did it, didn't he? 761 00:40:58,350 --> 00:41:00,331 Yeah. He did it. 762 00:41:02,655 --> 00:41:04,828 Why exactly are you here, Ms. Gibbons? 763 00:41:07,460 --> 00:41:12,034 I'm afraid I may have used undue influence as the foreperson. 764 00:41:13,299 --> 00:41:14,369 HOW? 765 00:41:14,500 --> 00:41:18,380 I used my position to keep pushing for a not guilty verdict. 766 00:41:18,938 --> 00:41:20,110 Why did you do that? 767 00:41:20,172 --> 00:41:21,845 I thought he was innocent. 768 00:41:24,744 --> 00:41:27,487 I thought we had this magical connection. 769 00:41:28,916 --> 00:41:31,920 That he was this once-in-a-lifetime soul mate. 770 00:41:33,053 --> 00:41:37,092 You thought all that without ever actually speaking to him? 771 00:41:41,195 --> 00:41:42,196 Unless you did. 772 00:41:46,834 --> 00:41:48,711 We went out to dinner. 773 00:41:51,805 --> 00:41:52,909 When? 774 00:41:53,206 --> 00:41:54,845 During the trial. 775 00:41:55,543 --> 00:41:56,715 (SIGHS) 776 00:41:56,778 --> 00:41:58,655 After the police stopped following him. 777 00:41:58,713 --> 00:42:00,454 We didn't talk about the case at all. 778 00:42:01,849 --> 00:42:03,886 We talked about ourselves. 779 00:42:05,553 --> 00:42:07,226 He listened to me. 780 00:42:09,791 --> 00:42:12,635 He was interested in whatever I had to say. 781 00:42:13,261 --> 00:42:16,003 How long after the trial did he dump you? 782 00:42:17,999 --> 00:42:19,273 Two days. 783 00:42:21,804 --> 00:42:24,011 Are you willing to say this under oath? 784 00:42:27,209 --> 00:42:30,053 Yeah. He killed a child. 785 00:42:32,982 --> 00:42:35,428 I'll do anything you want me to do. 786 00:42:39,288 --> 00:42:42,360 So, we retry him for homicide and add jury tampering. 787 00:42:42,424 --> 00:42:43,664 An A misdemeanor. 788 00:42:43,726 --> 00:42:44,727 (CELL PHONE RINGING) 789 00:42:44,793 --> 00:42:47,069 His lawyer will maintain it's just the revenge of a woman scorned. 790 00:42:47,129 --> 00:42:49,576 We're not gonna convict this guy of anything, are we? 791 00:42:49,666 --> 00:42:52,408 I don't think so. I think this one walks. 792 00:42:52,602 --> 00:42:54,411 We'll be right there. 793 00:42:54,604 --> 00:42:56,106 Not this time. 794 00:43:00,210 --> 00:43:03,248 BRISCOE: She's washing the dishes, she's got the water running, 795 00:43:03,313 --> 00:43:07,955 he comes up behind her, wraps this around her neck, she stabs him. 796 00:43:09,719 --> 00:43:11,164 CARMICHAEL: So, is that what happened, Carol? 797 00:43:11,221 --> 00:43:12,291 CAROL: Yes. 798 00:43:12,389 --> 00:43:13,424 So he snuck up behind you? 799 00:43:15,026 --> 00:43:16,369 Is that when you reached for the shears? 800 00:43:16,427 --> 00:43:17,497 Yes. 801 00:43:18,129 --> 00:43:19,233 Okay. 802 00:43:21,132 --> 00:43:22,941 Marks on her neck consistent with that? 803 00:43:23,000 --> 00:43:24,502 Looks like it. 804 00:43:24,635 --> 00:43:26,239 Is she a collar? 805 00:43:30,408 --> 00:43:31,785 Wrap it up...