I represent Eric Sanders.The guy who killed his wife?
Seriously, Harry, I could use your help.
Don'’t say you can'’t win this!
Remove Harry Korn for her own good.You'’re insane.
Well, don'’t say you weren'’t warned.
Harry Korn?What'’s going on?
You actually had her arrested?Look, they got
the matter dismissed, so what'’s all the hoo-ha?
Until this trial is over, this will be your priority.
We'’re on a mission now.
Bethany Sanders, Eric'’s daughter.
Would he be capable of a vicious murder like this?
Perhaps not, but nor did I think him capable
of writing such depraved material
in his journal.
Not just her dying, but doing so at my hands.
Ellen Sanders tore up her will two weeks before her death.
This could be a motive.
They'’re my parents.
They'’re wonderful people.
James is a loon.
I say our best shot is to say she did it.
You put a dead rat in her bed?
She was not a nice person.
That'’s why you'’re here? To ask me
if Ellen was having an affair with somebody?
Was she?
The delivery guy
overheard her talking on the phone.
You have information that could help my client.
He confirmed everything Vinnie said.
Overheard the victim breaking up with a lover,
not her husband.
He told Roseanna Remmick months ago.
That'’s grounds for dismissal with prejudice.
It'’s now very personal, and I have no intention
of calling any truce.
Let the fun begin.
BETHANY: I'’m just not sure what good I could possibly do.
You do a lot just by walking in with us.
You'’re the only child to be supporting your father.
James is testifying against him.
We need you, Bethany.
It'’s as simple as that.
I'’m not going to lie for you, Dad.
We'’re not asking that.
But if you really believe it'’s not in him
to do what he'’s been accused of,
please just say that.
Please, honey.
Okay.
We'’re leaving here tomorrow at 9:00 a.m.
Be great for us all to walk in together.
9:00 a.m. I'’ll be here.
Thank you, baby.
You need to stay completely on top of her, Adam.
Coach her, I don'’t care.
But she needs to be ready to testify effectively,
and I'’m making that your responsibility.
Somebody'’s tense.
Excuse me?
Okay, we all have our jobs to do.
Eric, you ready?
Eric.
Oh, I'’m sorry.
I was just thinking about my grandfather.
At times of distress, he used to like to tell jokes.
Two tigers walking through the jungle, one starts
licking the other'’s ass.
The other stops and says, "Hey, what are you doing?"
First tiger says, "I'’m sorry, I just ate a lawyer.
I'’m trying to get rid of the taste in my mouth."
[laughs]
Oh, my God.
I'’m going to be sentenced to death.
You okay?
Yeah.
Yeah, I'’m fine.
Like the singer said, "Let'’s get it on," right?
Let'’s do that.
[reporters clamoring]
All rise.
Stand by. Oh, boy.
Why is it I feel
we should all be wearing helmets?
Case number 42765,
the State of Ohio v. Eric Sanders III.
This court is now in session.
the Honorable Judge Lucas Kirkland presiding.
God bless the State of Ohio,
God bless the United States of America.
Be seated.
Ms. Remmick?
Ready for trial, Your Honor.
Ms. Korn?Here it comes.
No, Your Honor.
And we have liftoff.
[gallery murmuring]
This better be good.
It'’s not, Your Honor.
And please believe me, this is not something I take lightly.
But I'’d like to move for a dismissal
of all charges with prejudice
on the grounds of prosecutorial misconduct.
What?I thought best to do so in chambers.
What is going on?
What'’s going on is, we found out two days ago
that the victim was having an affair.
With whom we still don'’t know.
She broke off this affair about a month before she was murdered.
This is an affidavit from our source.
What we also discovered is that this witness
told Ms. Remmick the contents of that affidavit six months ago.
It is exculpatory, she deliberately
withheld it from defense,
and that is prosecutorial misconduct,
grounds for either a dismissal
or a directed verdict in favor of the defendant.
Ms. Remmick?
This was some delivery thug
who says he vaguely overheard
something about Mrs. Sanders talking to...
There was nothing vague about it.
What he heard was very specific.
We found him totally unreliable.
He wanted money for his information.
We properly
dismissed him.
This is just an offensive stunt by defense counsel
to rattle me before opening arguments.
You might want to ask her
why she waited two days
to spring this motion.
Because we wanted to investigate a little.
We wanted to find out about this alleged affair,
who the mystery man was.
Had we been told of this six months ago,
we might know by now.
Ms. Remmick, I'’m not happy.
Your Honor, I can assure you...I'’m talking now!
You had an obligation
to bring this information to defense counsel'’s attention.
We interview a lot of witnesses we dismiss,
especially those who extort us for cash.
No! Not good enough!
This information is potentially material,
possibly exculpatory.
For you to withhold that,
it'’s just unconscionable.
Your Honor, why would I risk
a possible dismissal...
Because you'’re psychotic.
Since there'’s been no actual showing
that this information is relevant,
I'’m denying defense counsel'’s motion.
But you'’d damn well better watch yourself the rest of the way.
Do I make myself clear?
I'’m sorry.
That you have to give up your lives
and sit through something so awful as a murder trial.
This one'’s especially ugly.
The evidence will show that Ellen Wright Sanders
died on November 11, 2010,
as a result of blunt-force trauma to her skull.
She was bathing in her tub when she was struck repeatedly
from behind by a heavy iron instrument
we believe to be a crowbar.
The medical examiner will establish
that Mrs. Sanders was bludgeoned
at least 20 times.
It was a brutal, vicious, inhuman attack.
When the police arrived, they discovered
the defendant with the body.
There will be no forensic or testimonial evidence of anyone
other than the defendant being at the scene.
We will introduce a journal kept by the defendant,
which journal was discovered by the police in his nightstand.
I would like to now read for you a portion of his journal.
"How joyous it would be to creep up from behind,
"while she lay lapping in her suds of luxury,
"and smash her head like a melon.
"To feel the joy,
"the freedom that can only come from the sound
of crushing, mulching bone that used to be her skull."
Had to be him, didn'’t it?
All the forensic evidence points to him.
No sign of anyone else being there.
You just heard what was in that journal.
Had to be Eric Sanders.
Why bother looking at anybody else?
Well, they didn'’t.
It was case closed before an investigation even ensued.
The thing is...
it isn'’t him.
Eric Sanders is innocent.
It'’s no coincidence that Ellen Sanders died
as described in his journal.
The killer read it,
and murdered her exactly that way
in order to frame Eric Sanders.
The killer was able to get in and get out without waking Eric,
because Mr. Sanders was out cold on sleeping medication.
Sure, Eric Sanders'’ DNA was all over the body.
That'’s because when he finally woke and discovered his wife,
he tried to revive her.
In addition, you will hear how many people hated Ellen Sanders.
Many had access to the residence.
Now, of course, you don'’t have to take my word on any of this,
and I won'’t ask you to.
Just listen closely as the evidence is being introduced.
And be mindful of the evidence that never gets introduced.
I will be asking you to bring to this case
something the police and the prosecution never did:
an open mind.
I loved my mother deeply.
Her death simply ripped me apart.
I was devastated, of course.
Of course.
Mr. Sanders, when you first heard of your mother'’s death,
can you recall what you said to the police?
I believe I said, "Heavens, Mother'’s dead."
Yes.
Anything else?
I might have asked,
"Did my father kill her?"
Yes, you did ask that.
Can you tell us why you asked that?
I thought he killed her.
Okay. Can you tell us why you thought that?
Well, he hated her, of course.
He said that?
He didn'’t have to.
Spend three minutes with them,
it became overtly clear
that he loathed her.
His whole body would clench whenever he was around her.
He seemed like he'’d just... snap.
I guess he did, didn'’t he?
HARRY: You said you were torn up by the death of your mother.
Are you still?
Why, yes.
Thank you for asking.
Take any medication, sir?
Yes.
I take lithium.
How long have you been taking lithium, sir?
Since I was 14.
Do you consider yourself
a mentally balanced individual, sir?
Does anybody?
[gallery chuckles]
Thank you, sir.
That'’s all.
He killed her for the money, you know.
There'’s no question before you, sir.
Nothing...Harry, you can'’t let that go unchallenged.
We don'’t know what he'’s going to say next, Oliver.
If he had anything to support that,
Roseanna would'’ve had him say it on direct.
I don'’t care. I'’m certainly not
giving him a chance to say anything more.
I can do it. I'’ll be up and down.
He'’s too unpredictable. Oliver...
You don'’t know at all that your father killed her.
That'’s only your opinion--
your lithium-induced opinion?
Objection. JUDGE: Overruled.
You don'’t have any facts to support your opinion
regarding your father'’s motive,
do you, sir?Well, I know
that my mother died intestate.
That'’s a fact.
And since all the family money was hers,
he stood to lose out.
Actually, that'’s incorrect.
If your mother died intestate,
the estate still goes to the husband
and children. Yes, but since she
had just torn up her will,
my lithium-induced opinion
would be she planned to draw up a new one.
Which means Father had a very short window
to bludgeon her to death.
Which would apply to you as well,
wouldn'’t it, sir? You had a short window
in order to get that money?
Yes, but I had both love for my mother,
together with an alibi.
Daddy had neither.
[reporters clamoring]
Just had to cross-examine him, didn'’t you?
Don'’t start with me."Let me do it, Harry.
I can do it." For my money, he'’s a suspect.
Your money? Your money said to cross-examine him.CASSIE: All right!
Take it outside?Just had to cross, didn'’t you?
Take it outside. Take it outside.
A grave, that'’s what he just dug us-- with your help.
He dug us a trench the size of...
All right. Nobody tell me to calm down.
Anybody says, "Calm down," to me, they'’re fired.You'’re the one who said
he was a loon, nothing but a loon.What, you'’re gonna
blame this on me? I'’m responsible
for your bonehead move?Take it outside?
Enough of this "take it outside" crap.
All right! At the risk of getting fired,
I think we should all calm down.
May I just say...ALL: No!
Look, we knew James was going to accuse
his father going in. We knew that.
Yeah, but we didn'’t figure he'’d come off persuasive,
which he did because somebody chose
to cross-examine him. I won'’t name names.
All right, what about James as a suspect?
He has an alibi, but that doesn'’t mean
that he didn'’t hire somebody.
No, no, no, no.
We can'’t keep going,
"It'’s the housekeeper," "It'’s James,"
"Look here," "Now there."
We have to pick a theory and stick with it.
The case is housekeeper,
housekeeper, housekeeper.
She'’s the one we have to focus on.
Unless we can find out
who the hell the victim was having an affair with.
Has anybody heard from Vinnie on this?
Oliver, you need to light
Vinnie'’s ass up. Do you hear me?
Tell him,
if he doesn'’t dig up something, he'’s not getting paid.
I talked to Corinne Waters, the victim'’s boss.
She told me I should do very graphic things to myself.
Yeah, but listen, Vinnie, the clock is ticking.
If you don'’t find out who Ellen Sanders was having
an affair with, our guy is going down.
Listen, smart-ass, I know how to tell time.
It'’s going to be your fault.
You'’re supposed to be some good private dick.
You know what I'’m seeing, Vinnie?
I'’m seeing ordinary-- ordinary, everyday,
dime-a-dozen dick!I'’m about two seconds away
from slapping your fairy ass down the street.
Do your job.
As you see from the various angles,
there are blood spatters everywhere,
including on the ceiling.
And what, if anything,
did that tell you, Officer?
Well, it would certainly be consistent
with the medical findings of multiple impacts.
The victim was struck repeatedly.
The fact that blood spatters traveled so far
tells us it was a longish weapon.
"Longish"-- would that be consistent
with a crowbar of this size, which was found at the scene?
That would be exactly consistent.
And, sir, could you please talk
about the spatters on the walls and the ceiling?
Basically, blood can be projected in two ways.
As the weapon strikes the skull,
it causes blood to shoot out.
Also, as the assailant swings the weapon,
blood can fly off, causing cast-off stains.
Again, from the amount of blood and overlapping patterns,
we could conclude this was a beating of multiple impacts.
And, sir, based on your 15 years as a detective,
did you form any other conclusions
about the nature of this attack?
It was savage.
One of the worst I'’ve ever seen.
There had to be a lot of rage and hatred involved.
Do the blood spatters tell you who did it?
No, but we can...Thank you.
And you can'’t say that this crowbar
was definitely the weapon, can you, Detective?
We can certainly say it'’s exactly consistent
with the instrument used.
Given it was found right above the scene,
you figure it out. I see.
And did your knowledge of where it was found factor
into your finding of "consistent?"
I didn'’t say that.No, well, you told me
to figure it out, so that'’s what I'’m trying to do.
Objection.Sustained.
And tell me something, sir.
Ever known a construction worker to leave a tool behind,
sometimes inside sealed walls, ceilings?
Ever known that to happen?
I'’ve heard of it maybe happening.
And tell me, does human nature ever factor
into some of your conclusions?
Human nature? Yes.
For example, you'’ve got a whole prosecution team,
DAs, police looking for a weapon
for a year, which they can'’t find.
It'’s all very frustrating.
Then presto, you found a crowbar that'’s consistent.
Human nature may be to say, "I bet that'’s it."
I'’m not a behavioral scientist.
Oh. But you were enough of one to conclude
the killer had rage and hatred.
Do you think it'’s fair
that the district attorney is presenting something
as the murder weapon
when all you guys really know is that it'’s "consistent?"
Objection. Sustained.
I'’m just looking for what'’s fair here, Judge.
Objection.Even though she'’s not.
Your Honor. The objection was sustained, Ms. Korn.
Knock it off. Sorry.
So just to review--
you can conclude multiple impacts,
most likely rage,
probably that crowbar.
But none of that impact,
cast-off spatter hoo-ha allows you
to state to a certainty who did it
or exactly what was used to do it.
Am I right, Detective?
I'’m sorry. I would need
a yes or no answer, Detective.
Am I right?
Fine.
Thank you, sir.
ADAM: Here'’s where it gets tricky.
You cannot start talking about what or how your dad is.
It'’ll open the door on character evidence,
and then the prosecution can call
witnesses of their own to impeach him.
So what do I say, then?
You basically say that from what you know of your father,
you simply cannot believe he'’s capable of this crime.
Your testimony is not about him,
but rather about what you feel and what you know.
It may seem like a distinction without a difference,
but from an evidentiary standpoint, it'’s not.
It'’s all just a game with lawyers, isn'’t it?
I know this is hard, but it'’s also important.
As Harry said, you'’re the only one
of his kids to stand up for him.
And after your older brother'’s testimony...
She'’s as ready as I can get her.
That'’s all I can tell you.
What about her?
I'’m a little nervous about turning a police witness over
to somebody I haven'’t actually seen in action.
ADAM: You know what her nickname was at the DA'’s office?
The Smart Bomber.
Like a surgeon, she'’s been known
to be up and down with a witness in 30 seconds
and get everything in she wants.
You don'’t need to worry about Cassie.
Well, I do worry. I do worry.
What? What are you doing?
TOMMY: Okay.
You need to listen to me.
You'’re not having any fun.
You need to be having fun here, Harry.
Fun? A man'’s life is on the line.
If I lose, he might be put to death.
Even so. Even...
Tommy, what'’s wrong with you?
You think this is all cause for amusement?
I think you'’re 62 years old, I'’m in my 50s,
and it won'’t be long till you'’re the woman
who used to be Harry Korn,
and I'’ll be the guy that used to be Tommy Jefferson.
You hear me, Harry?
We'’re not far from our "used to be" years.
Right now, you'’re in the game.
The world is watching.
A man'’s life is in the balance,
and you'’re right smack in the middle of it.
[chuckling sigh]
This may be the most relevant
15 minutes you'’ll ever know.
And trust me,
you do not want to wake up ten years from now... [sighs]
and say, "My God, why didn'’t I savor it some?"
Yeah, there'’s pressure.
Yes, there'’s stress, but...
savor the moment,
because tomorrow, we could be yesterday.
That'’s what I'’m saying.
Ms. Torres, thanks so much for waiting.
Okay. [sighs]
Sorry, it'’s just all been a bit of a whirlwind today.
Well, sometimes,
I swear I don'’t know if I'’m coming or going.
Do you ever feel that way, Ms. Torres?
Sometimes. Yeah.
I'’ll bet it'’s even worse for you since...
well...
you'’re a lunatic,
aren'’t you, Ms. Torres?
You know, I always get nervous
when I see lunatics on the defense team'’s witness list.
You know what I think?
I think they'’re going to try to paint you
as a suspect.
I mean, you had keypad access,
you knew the house, hated the victim,
and you haven'’t got an alibi.
That would be awful, wouldn'’t it,
to be accused in court of being the real killer?
And yet that'’s precisely what I think they plan to do.
I mean, I can'’t say that I blame them.
I mean, if I can'’t get Eric Sanders
for this crime, you'’d be my next choice.
And I'’m sure we both hope that I get Eric Sanders, don'’t we?
Oh, I understand you spoke
to defense counsel.
I'’d like to know what you said to them, please.
[panting]: Well...
Oh, dear.
Seems I'’ve made you nervous.
I... I can do that to people.
I'’ve really got to get better at small talk.
Let'’s just start again with some small talk, okay?
How'’s your immigration status, dear?
[reporters clamoring]
As you can see,
security cameras point east, west, north and south.
Anybody coming or going,
there would be a video record of it.
How many cameras are we talking about?12 in all.
You can see they cover the entire perimeter.
And, Detective, was there any video record
of anybody coming or going the night Mrs. Sanders was murdered?
Nothing from 6:00 when she arrived home,
till after midnight when the police showed up.
Nobody came, nobody went?
That'’s correct.
Thank you.
The northwest corner of the house right here--
there'’s a blind spot, right?
This part right here? Yes.
I believe that part actually is the very corner.
But there'’s no door or window there.Thank you.
And all the security cameras, they point outwards?
Yes. So you can'’t see
flush against the house anywhere?
Well...
No, flush against the house isn'’t covered.
So if one were to approach exactly at the northwest point,
hug the house, he or she could walk to any door at all,
completely undetected, am I correct?
I suppose that'’s possible, yes.
Thank you, sir.
Okay.
With that much blood, to be able to track out of the house
without leaving a trace...If the killer changed clothes
right in the bathroom...We just don'’t think
it would be possible for somebody
...put the bloody garmentsto be that immaculate.
...in a bag.
I heard horrible, horrible screams from the upstairs.
That'’s why I called 911.
It could have been a man'’s screams.
That'’s what you told police, am I right?
Fingerprints, forensics--
all belonging to him.
If he were trying to resuscitate her...
I am positive.Can'’t be sure.
Repeated banging to the head.
As to who did it.
Bang, bang, bang, bang...Could have been anybody.
Right on the head.Never trusted that man.
You didn'’t really know him.Gave me a weird feeling to be around him.
Fantasists are just that, they'’re fantasists."How glorious it would be
"to creep up from behind..."They rarely act out, am I right, Doctor?
"...and smash her head like a melon."
Homicidal, psychotic...Never examine my client.
Clearly a sociopath.Never so much as met with him.
Extremely dangerous.Read a couple police files.
Ellen Sanders was no day at the beach.
She could be cold,
and, frankly, a little unlikeable.
But at her core,
she was a woman about integrity,
about charity and family.
You knew her well?I daresay, I knew her best.
She worked with me and for me for 16 years.
She was perhaps my closest friend.
And in the course of your close friendship, Ms. Waters,
did she ever have occasion to talk about her husband?
Many times.Do you recall
if she ever made any remarks about him in a way
that is revelatory to you now in the light of her death?Objection. Vague.
Sustained.
Did she ever make any statements that would
occasion you to believe that her husband killed her?
Objection. Leading.
Sustained.
Let'’s just speed this up, shall we?
Tell the District Attorney
what she told you she wants you to say.
Objection. Counsel, step up.
[gallery murmuring]
I'’ll put you both in a damn cell together you don'’t watch yourselves.
Your Honor, could that question have been any more loaded or leading?
I sustained your objection, Counsel.
What you just did was every bit as offensive.
Do not push me any further, either one of you.
Ms. Waters,
what, if anything, did the victim tell you
that you believe might relate to her death?
She told me on multiple occasions that her husband scared her.
That he was capable of flash rage,
and sometimes she felt that he would just explode.
In the weeks before her death,
she said that she thought he was increasingly
psychologically unstable.
That'’s character evidence.
Thank you, Ms. Waters.
HARRY: You said she felt threatened.
Did she say he made threats?
I'’m not aware of specific threats.
Anybody, including you, ever call the police
to report my client as a threat?
Not to my knowledge.
Thank you.
Did you kill her?[gallery murmuring]
Objection.Ms. Korn.
I don'’t mean to be offensive,
but right before her death, the victim tore up her will.
A lot of charitable institutions lost out.
The biggest being Save Our Ocean-- Ms. Waters'’ nonprofit.
Your foundation lost millions of dollars, didn'’t it?You make me sick.
Ms. Waters, I don'’t think you killed your best friend,
but I'’ll tell you what turns my stomach.
You had access, you knew the keypad code,
and you perhaps even had motive,
and I bet I'’m the first person
to ever ask you where you were that night.
Objection.And I object to the fact
that you never investigated anybody but my client.
You just made up your mind.Objection!
All right...Move to strike.
Ms. Korn, that'’s enough. You'’re done.
I hope I didn'’t come off a total monster.
Oh, not to worry, Harry.
The real monster goes up next.
Just be genuine. The most important...
Just be as human as you possibly can.
It'’s a little dangerous making me testify, isn'’t it?
Beyond. We'’ve talked about Remmick.
Do not take the bait, do not show
any flashes of anger,
and, of course, don'’t hit her on the head.
[chuckles]
It'’s a funny thing,
gallows humor, isn'’t it?
Likely invented by someone being thrown to the wolves.
Which, when you think about it...
We'’ll start with you...
then Bethany, then the housekeeper.
Maybe back to you if I need to recall you.
Okay.
All in all,
Philadelphia, right?
The hatred was real, as was the rage.
Writing about spousicide
was a way of processing it, decompressing
by composing the angry e-mail you never plan to actually send.
I never would have or could have
acted upon anything I wrote in my journal.
For your wife to be killed almost exactly that way...
Somebody must have read it,
and then devised a plan
to kill her and frame me for it.
Funny that you never mentioned that to the police,
or even the existence
of the journal, much less its contents.
I was in shock.
I'’d just discovered my murdered wife.
I was essentially placed under arrest
before I had a chance to tell you anything.
After that, I was advised by counsel not to speak with you.
So you met with your lawyer and then quickly switched
from grieving mode to let'’s-not-get-convicted mode?
Objection.Sustained.
Must be awful not being allowed to grieve.
Not being allowed to commiserate even with your own children,
because they'’re all convinced that you did it.
Objection!Bethany didn'’t say anything...
Counsel, stop it right now.
So, someone sneaked into your house,
killed your wife in a bloody mess
and yet managed to sneak out leaving no trail,
no sign even of having been there,
all the while, you lay sleeping?
Wow.
That'’s really good.
And also whoever did it,
managed to incorporate your method,
your rage and hatred as described
exactly in your journal.
Really good.
How dare you be snide.
A woman'’s dead.Oh, I know that, sir.
A woman you hated.
A woman you wrote about killing.
A woman whose body was discovered with you,
with your DNA all over her.
Because I tried to save her.
You tried to save her?
Because you loved her.
Tell me, is there
a chapter in that journal about you saving her?
I guess I skipped that one.
Objection.Sustained.
My father is simply not capable of that kind of violence.
You seem pretty sure.
He loved his family.
He stuck it out through a very difficult marriage for the sake
of preserving the family unit.
So the idea that he would kill his wife or mother
is repugnant.
For the longest time, you remained convinced that he did kill her.
The idea wasn'’t repugnant at all, was it?
I did think that at first, yes.
You thought that for a full year.
In fact, it didn'’t become repugnant
until about a week ago.
I curious, did it become repugnant
after Harry Korn came to see you?
Objection.Sustained.
Bethany, when was the last time you spoke to your mother?
I believe it was the afternoon of her death.
She called you? Yes.
What'’d she say?
I don'’t really remember.
Just mother-daughter stuff, I guess.
This isn'’t true, Bethany.
You two didn'’t engage in much mother-daughter stuff, did you?
What did she call to say?
Bethany, you'’re under oath,
subject to the pains and penalties of perjury.
What did your mother tell you?
Ms. Sanders, please answer the question.
Honey, what did she say?
She was leaving my father.
She was filing for a divorce.
And did she indicate as when she
planned to tell your father this news?
She said she was going to tell him that night.
[gallery murmuring]
Ms. Korn, one question. How do you explain the fact
that no other person was seen on the security camera?
[reporters clamoring]
Okay, let'’s have it.
I never told the District Attorney this.
I don'’t even know how she found that out.
I never told anybody, not even my shrink.
Why the hell didn'’t you tell me?!
Because I thought...
I mean, I knew how bad it would look.
My mother tells my father she'’s leaving and then she'’s killed?
I just-- I thought that it would be better
if I didn'’t tell anybody.
I'’m so sorry, Daddy.
She never told me she wanted a divorce.
This is the first I'’m hearing of it.
Wait. So how did Remmick find out?
Your siblings told me they had absolutely no contact
with your mother.
I doubt they'’d know.
So if you didn'’t talk to Roseanna, who did?
HARRY: The Defense recalls Corinne Waters.
Uh, Harry, what are you doing?Playing a hunch.
Not in open court. You out of your mind?
HARRY: It'’s the only forum available, Ollie.
I can'’t invite the woman to tea.Harry, you can'’t just...
Sit the hell down. You'’re making a scene.
Ms. Waters, I'’ll remind you that you'’re still under oath.
Ms. Waters, I was wondering, anything you forget to include
in your testimony, or should I say
anything you were you were very specific to exclude?
Well, I may have left out that you disgust me,
but certainly I thought that was implied.
Yeah.
You said Ellen Sanders was your best friend.
She was more than your best friend,
wasn'’t she, Corinne?
I'’m sorry. You didn'’t hear the question?
I'’ll rephrase it; maybe that'’ll help.
Were you Mrs. Sanders lover, Corinne?
[gallery gasps and murmurs]
Settle down.
See, the way I figure it,
if the victim was having an affair,
she might have told her lover
she was planning to divorce Eric,
and perhaps her lover passed this information
on to the District Attorney.
Were you Mrs. Sanders'’ lover, Corinne?
My personal life is of no concern to you or this court.
Oh, it'’s very much the concern of both, I promise you.
Were you her lover?
Answer the question, Ms. Waters.
Yes.
[gallery gasps and murmurs]
Well, the plot certainly thickens, doesn'’t it?
I hope you'’re pleased with yourself.
I have a husband.
Ah. Think he'’ll be pleased?
And I have kids.
And you may have just destroyed my family.
And for what, to get this murderer off?
Ms. Waters, if you had come clean with me,
I might have had options.
And you couldn'’t have been more wrong.
She was never gonna file for divorce.
She was leaving me for him.
He killed her to finally get rid of her.
Objection.
Move to strike. You killed her
because you wanted her money.Objection.
Ms. Waters, that is enough.
[Corinne sobbing]
HARRY: Well, if the goal was to get the jury
to hate somebody else
more than they do you,
I succeeded.
I think it was a net win.
You'’re always positive, aren'’t you?
No. I can be very negative with certain things.
And people.
We'’ve established that the witness had a secret life.
Secrecy breeds doubt.
Let'’s just move on to Xenia Torres.
Try to do well with her.
XENIA: I worked as their housekeeper for 18 years.
HARRY: And Ms. Torres...
could you describe your relationship
with the Sanders for those many years?
It was professional.
It was never friendly.
Mr. Sanders scared me a little.
He scared you?
He would be moody,
sullen,
and sometimes he would have unpredictable rages.
And what about your relationship with Mrs. Sanders?
She was very cold.
Never happy with my work.
And your feelings for her?
It was very mixed.
I resented how she treated me,
but I was also devoted.
There were times Mr. Sanders wanted to fire me,
but she said no.
[whispers]: She never told me that.
Let'’s turn to the day you were fired.
Can we do that?Okay.
Can you tell us why you were fired?
Mrs. Sanders was not happy with the way I made her bed.
Specifically, what was wrong with the way you made her bed?
She was never specific with me.
She just said it wasn'’t good enough.
Had you made it any differently that day?
No.
Excuse me, one second.
[whispers]: She'’s lying, Harry.
The question is, did she lie to you, or is she lying to me?
Cassie, I'’m a little on the spot here.
I'’m certain she was being truthful with me.
You'’ll testify to that?
I will.
She'’s lying now.
Sorry to keep you waiting, ma'’am.
Tell me, did you put a dead rat in Mrs. Sanders'’ bed?
No. No, I did not do this.
She said I did as an excuse to fire me, but I never did.
Did you tell this woman,
Cassie Reynolds,
that you put a dead rat in Mrs. Sanders'’ bed?
No, I never told her this.
Okay, Xenia.
This is where these things can get exciting.
I'’m about to disqualify Cassie Reynolds
as a participating attorney in this trial,
and, instead, call her as a witness.
Objection.
Overruled.
She will come up here
and, subject to the pains and penalties of perjury,
testify as to what you told her.
But before I do that, I'’m going to
give you one more chance to answer the question,
reminding you that you, too, are subject
to the same pains and penalties.
Did you tell Cassie Reynolds
that you put a dead rat in Ellen Sanders'’ bed?
Uh... I...
Is there a reason you'’re looking to the District Attorney
for guidance in this matter?
Objection.
JUDGE: Overruled.
Did you tell Cassie you stuck a dead rat in the woman'’s bed?
I-I only said that to mislead her
'’cause I knew she was defending Mr. Sanders.
Okay, Xenia, that'’s a good try.
But the truth always comes out,
as I'’m sure you'’ll suspect; I'’m going to give you
one more chance to set the record straight.
Objection.
Overruled.
Did you tell Cassie Reynolds that you did in fact
put the rat in the bed?
Yes.
Why did you just testify otherwise?
[sniffles]
I... I have loved ones with Immigration.
Ms. Remmick said that if... if I didn'’t testify properly,
my family would be deported.
Your Honor, I did no such thing.Sit down!
JUDGE: This is very serious.
Look at me.
You need to tell me right now,
and it'’d damn well better be the truth,
Did the District Attorney threaten you?
She said that my family...
She told you to deny that
you'’d put a rat in Mrs. Sanders'’s bed?
Yes.
She implied that I might be arrested
as a suspect in this case
if Mr. Sanders didn'’t get convicted.
JUDGE: You can step down now, Ms. Torres.
Your Honor, I haven'’t quite finished...
Step back, Ms. Korn. Step back.
[breathes deeply]
Okay.
This case is over.
[gallery gasps and murmurs]
The charges against Mr. Sanders are dismissed with prejudice
on the grounds of deliberate and gross prosecutorial misconduct.
Ms. Remmick, I warned you.
I will be recommending you for immediate disbarment.
Mr. Sanders, you are free to go.
CASSIE: Oh, my God.We gotta get out of here.
[crowd murmuring]
[reporters clamoring]
I'’m claustrophobic.OLIVER: Get back!
Don'’t make me start swinging.
Where the hell is security?Come on. Get back!
TV REPORTER: Stunned, shocked, you could hear people gasp, even scream;
the entire room was rocked by this.
And no, Eric Sanders cannot be tried again.
Double jeopardy does apply.
He is a free man.
We are all still catching our breath.
And while this ruling
is certainly within the judge'’s discretion,
and there is precedent for it,
for a trial of this magnitude,
no one could possibly have forecast such a development.
[remote clicks]
How could she take such a stupid risk-- Roseanna?
Because the judge was right.
She'’s psychotic.
Eric, you don'’t look very excited
for someone who just got his life back.
I'’m thrilled, trust me.
I just can'’t quite believe it.
But to be honest,
I wish you could have kept going, Harry--
revealed Xenia to be the killer if she'’s the one.
Remember my prayer...
I had to know I couldn'’t do this.
Oh, I think you know the answer to that question, Eric.
Don'’t you?
I mean, when you really think about it,
we know the killer was diabolical, had access,
probably motive
and above all, an enormous amount of hatred
not just for your wife, but for you.
This was a meticulous frame-job.
Everything planned, right down to saving a choice little nugget
for trial just to bury you.
What are you talking about?
Your mother never planned to get a divorce.
You made this divorce thing up
just to give the prosecution motive.
Roseanna Remmick got that from you, didn'’t she, Bethany?
What?
You'’re out of your mind.
I hacked into a few phone records.
Quite a few calls of late between you and the D.A.
HARRY: You killed your mother.
You had access both to the place and the journal.
You knew your mother'’s bath routine,
your father'’s addiction to sleeping pills.
You knew about the crawl-space above the bathroom
and the one spot
where the security cameras wouldn'’t detect you.
This was a total inside job.
SANDERS: Bethany?
Why?
Don'’t listen to her.
Why would I kill Mom?
She was always so sweet to me
and kind and gentle.
And the way that you just let her go on
being so kind and gentle to me?
Why would I ever frame you, Daddy?
You were the one who enabled her to pummel me
with all that sweetness.
I'’m indebted to you.
I'’m Daddy'’s little girl.
Mommy and Daddy dearest,
I was doubly blessed.
Tell me, Daddy,
do you ever take bubble baths?
You played us so perfectly,
setting yourself up as a defense witness, only to...
Was that Roseanna'’s idea, or yours?
Oh, I think you'’re being a fantasist...
just like Daddy.
♪ She'’s got everyone to help her on her way ♪
♪ She'’s got everyone to help her on her way... ♪
[softly]: Wow.
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Captioned by Media Access Group at WGBH access.wgbh.org
You stinker!