1 00:00:09,917 --> 00:00:11,500 (LINE RINGING) 2 00:00:12,750 --> 00:00:14,167 (DISPATCHER SPEAKING) 3 00:00:14,792 --> 00:00:15,917 (CALLER SPEAKING) 4 00:00:16,000 --> 00:00:17,292 -(GUN FIRES) -(CALLER GASPS) 5 00:00:21,042 --> 00:00:22,667 (LINE RINGING) 6 00:00:22,708 --> 00:00:23,625 (DISPATCHER SPEAKING) 7 00:00:24,292 --> 00:00:26,083 (LIESE ALLEN SPEAKING) 8 00:00:28,292 --> 00:00:30,000 (DISPATCHER SPEAKING) 9 00:00:30,542 --> 00:00:31,667 (LIESE SPEAKING) 10 00:00:38,125 --> 00:00:39,458 (OFFICER SPEAKING) 11 00:00:39,542 --> 00:00:41,250 -(WILLIAM SCOTT SPEAKING) -(OFFICER SPEAKING) 12 00:00:41,833 --> 00:00:43,542 (SCOTT SPEAKING) 13 00:00:44,917 --> 00:00:46,333 DERIC WALPOLE: The State is gonna say 14 00:00:46,417 --> 00:00:48,042 Earl was angry at Scott, so he wanted to hurt him. 15 00:00:48,167 --> 00:00:50,333 I'm saying, he was scared of Scott 16 00:00:50,375 --> 00:00:52,125 because of what he knows about him. 17 00:00:54,875 --> 00:00:57,042 EARL: We don't have any clue why he's knocking on my door 18 00:00:57,125 --> 00:00:58,333 after what he did to my daughter. 19 00:00:58,375 --> 00:01:00,125 My adrenaline just went through the roof, 20 00:01:00,208 --> 00:01:02,125 so I went and got the shotgun. 21 00:01:02,208 --> 00:01:04,208 -EARL: Leave! -(GUN FIRES) 22 00:01:09,542 --> 00:01:11,958 EARL: If you have a daughter, you're gonna protect her. 23 00:01:12,042 --> 00:01:13,750 You're gonna do everything you can. 24 00:01:13,833 --> 00:01:17,042 WALPOLE: I know it's your daughter, but I'm trying to win your case. 25 00:01:17,125 --> 00:01:19,583 Everybody gets to walk away, except for you. 26 00:01:19,708 --> 00:01:22,167 EARL: To make that decision that I did that day, 27 00:01:22,292 --> 00:01:24,292 it's like, "you stupid idiot." 28 00:01:42,042 --> 00:01:43,875 My name's Deric Walpole. 29 00:01:43,958 --> 00:01:46,000 I represent Earl Allen. 30 00:01:46,083 --> 00:01:48,375 Earl is charged with aggravated assault 31 00:01:48,458 --> 00:01:52,000 with a deadly weapon, which is a second-degree felony. 32 00:01:52,083 --> 00:01:54,458 It's punishable by two to 20 years in prison. 33 00:01:55,833 --> 00:01:57,583 At the time of this allegation, 34 00:01:57,583 --> 00:02:00,333 Earl believed that his daughter, Rebecca Allen, 35 00:02:00,458 --> 00:02:03,375 was in an abusive relationship with William Christopher Scott, 36 00:02:03,500 --> 00:02:06,167 who's the alleged victim in this case. 37 00:02:08,833 --> 00:02:10,292 So, it's December 27th. 38 00:02:10,375 --> 00:02:13,042 It's daytime, and Rebecca's boyfriend 39 00:02:13,125 --> 00:02:15,208 comes to Earl's residence. 40 00:02:16,375 --> 00:02:19,458 He's bringing Rebecca to drop her off, 41 00:02:19,542 --> 00:02:20,750 where he knows he's not welcome. 42 00:02:35,708 --> 00:02:37,750 Rebecca goes and sits on the side of the house 43 00:02:37,875 --> 00:02:41,458 and is moving back and forth between her dad, 44 00:02:41,458 --> 00:02:42,542 who's at the back of the house, 45 00:02:42,625 --> 00:02:44,542 and Scott, who's out on the street. 46 00:02:46,625 --> 00:02:49,208 At some point, the victim approaches the house 47 00:02:49,292 --> 00:02:51,125 and Earl sees who it is, 48 00:02:52,167 --> 00:02:53,542 has a strong reaction to that 49 00:02:53,625 --> 00:02:55,917 'cause he has no idea why he's there. 50 00:02:56,000 --> 00:02:58,958 He just knows he's there, and that he's bad news. 51 00:02:59,042 --> 00:03:02,375 William Christopher Scott, he's got a criminal history. 52 00:03:03,875 --> 00:03:05,625 So, Earl gets a shotgun, 53 00:03:05,708 --> 00:03:08,125 answers the door with the shotgun, 54 00:03:08,208 --> 00:03:12,375 which doesn't seem to faze William at all. 55 00:03:12,500 --> 00:03:16,042 Earl's just screaming at him the whole time, "Leave!" 56 00:03:16,125 --> 00:03:18,750 And this guy just won't leave. 57 00:03:18,833 --> 00:03:22,500 Earl fires a warning shot up in the air. 58 00:03:22,542 --> 00:03:24,250 Then he stands in front of his car, 59 00:03:24,375 --> 00:03:26,667 he continues to argue, continues to not leave. 60 00:03:26,792 --> 00:03:28,833 Earl fires another shot into the door of his car. 61 00:03:31,208 --> 00:03:33,333 Scott gets in his car, 62 00:03:33,333 --> 00:03:35,333 starts to drive off very slowly. 63 00:03:35,375 --> 00:03:39,125 Earl believes that he's not leaving fast enough. 64 00:03:39,208 --> 00:03:42,417 And he fires the third shot that went through the car 65 00:03:42,542 --> 00:03:43,917 and struck him in the neck. 66 00:03:56,750 --> 00:04:01,417 There's no question that Earl shot the alleged victim 67 00:04:01,500 --> 00:04:04,042 as he was in the process of leaving. 68 00:04:04,167 --> 00:04:06,458 So, it's not a self-defense case. 69 00:04:07,333 --> 00:04:09,417 The legal defense in this case 70 00:04:09,500 --> 00:04:11,958 is the difference between whether he recklessly 71 00:04:12,042 --> 00:04:13,583 caused a bodily injury, 72 00:04:13,708 --> 00:04:16,958 which is, he knew Mr. Scott could be hit 73 00:04:17,042 --> 00:04:18,792 with the projectiles, 74 00:04:18,875 --> 00:04:21,542 and he didn't care. He disregarded it. 75 00:04:21,708 --> 00:04:24,083 But I truly believe Earl's position, 76 00:04:24,167 --> 00:04:26,167 that he didn't know 77 00:04:26,292 --> 00:04:28,667 those bullets were gonna penetrate that car 78 00:04:28,792 --> 00:04:31,917 and make it all the way to Scott's neck. 79 00:04:40,167 --> 00:04:41,667 We get to the trial, 80 00:04:41,750 --> 00:04:44,833 and one of the jurors sent out a note saying 81 00:04:44,875 --> 00:04:47,250 you know, we had contact with one of the witnesses 82 00:04:47,333 --> 00:04:50,000 out in the parking lot, and that witness ended up 83 00:04:50,042 --> 00:04:54,083 being Earl's daughter, Rebecca, which caused a mistrial. 84 00:04:54,167 --> 00:04:56,750 So we're back to square one. 85 00:04:56,875 --> 00:04:59,917 The reason that Earl is in this situation at all 86 00:05:00,042 --> 00:05:02,250 is because he loves his daughter very much 87 00:05:02,375 --> 00:05:04,250 and he would do anything to protect her. 88 00:05:05,542 --> 00:05:07,000 I can't walk away from this one. 89 00:05:07,125 --> 00:05:08,750 I... Losing is not an option. 90 00:05:28,333 --> 00:05:29,833 EARL: To be accused of something like this, 91 00:05:29,958 --> 00:05:33,875 you know, the big picture kind of got destroyed in a way. 92 00:05:33,958 --> 00:05:36,500 Okay, where am I going? You know, how's business doing? 93 00:05:37,167 --> 00:05:38,375 So on and so forth. 94 00:05:38,458 --> 00:05:40,417 But that became kind of irrelevant. 95 00:05:47,750 --> 00:05:50,708 The charge is aggravated assault with a deadly weapon, 96 00:05:50,833 --> 00:05:53,667 that I purposefully injured the guy 97 00:05:53,750 --> 00:05:55,583 or hurt the guy, which is not true. 98 00:06:03,750 --> 00:06:07,667 Rebecca, I haven't seen her now in a year and a half. 99 00:06:07,708 --> 00:06:10,500 Can't email her, can't text her, nothing. 100 00:06:10,542 --> 00:06:12,625 Absolutely no contact. 101 00:06:12,708 --> 00:06:14,625 Rebecca's 35, She's never been married. 102 00:06:14,708 --> 00:06:16,333 She doesn't have any children. 103 00:06:16,417 --> 00:06:18,792 We are her family, you know, 104 00:06:18,875 --> 00:06:23,125 and to take that away from her has always worried me sick. 105 00:06:25,958 --> 00:06:28,458 You get to be my age and you're fairly successful. 106 00:06:28,542 --> 00:06:31,333 You've lived your life good and done a good job. 107 00:06:32,458 --> 00:06:33,667 And during the course of that, 108 00:06:33,750 --> 00:06:35,750 you make thousands of decisions. 109 00:06:37,042 --> 00:06:40,500 And then to make that decision that I did that day, 110 00:06:40,583 --> 00:06:42,625 it's like, "You stupid idiot. 111 00:06:42,708 --> 00:06:44,625 "What were you thinking?" 112 00:06:46,542 --> 00:06:49,500 I really have thought about that so many times. 113 00:06:49,583 --> 00:06:51,375 How nice would it be to go back 114 00:06:52,292 --> 00:06:54,125 to the way things were then. 115 00:06:54,208 --> 00:06:58,458 We're gonna make it through this, but... Man... 116 00:06:59,542 --> 00:07:00,875 (SNIFFS) It's tough. 117 00:07:02,583 --> 00:07:04,042 (PENSIVE MUSIC PLAYING) 118 00:07:09,542 --> 00:07:11,458 WALPOLE: Earl's coming in today. 119 00:07:11,542 --> 00:07:12,958 We've already been in trial once, 120 00:07:12,958 --> 00:07:15,792 mistrial, going back to trial again. 121 00:07:15,875 --> 00:07:18,458 Earl has already testified under oath. 122 00:07:18,542 --> 00:07:21,542 We do need to make sure he's not gonna say something different 123 00:07:21,625 --> 00:07:22,917 when we get in that courtroom. 124 00:07:24,750 --> 00:07:26,542 All right, man, you ready for round two? 125 00:07:27,125 --> 00:07:29,042 Not really, but... 126 00:07:29,125 --> 00:07:30,208 It's coming. Yeah. 127 00:07:30,292 --> 00:07:32,167 ...what are you gonna do? 128 00:07:32,250 --> 00:07:34,750 You're charged with aggravated assault with a deadly weapon, 129 00:07:34,833 --> 00:07:36,750 which is a second-degree felony. 130 00:07:36,833 --> 00:07:38,500 So, on top of the felony conviction, 131 00:07:38,542 --> 00:07:41,167 your exposure is two to 20 years in prison, 132 00:07:42,167 --> 00:07:44,125 and up to a $10,000 fine. 133 00:07:44,208 --> 00:07:46,250 It's just as serious as it was the first time. 134 00:07:46,333 --> 00:07:49,292 I just want to hear it again, starting from the beginning. 135 00:07:49,375 --> 00:07:51,833 Rebecca, she had an interview the next day. 136 00:07:51,917 --> 00:07:53,875 She was there to get cleaned up to spend the night. 137 00:07:53,958 --> 00:07:56,958 And I was trying to get her to straighten up. 138 00:08:02,875 --> 00:08:05,667 And I actually had made her sit in a chair outside the window, 139 00:08:05,750 --> 00:08:06,917 and I wouldn't let her in the house. 140 00:08:07,042 --> 00:08:09,542 And Rebecca's boyfriend 141 00:08:09,625 --> 00:08:11,500 was parked in front of our house. 142 00:08:11,542 --> 00:08:14,292 How long had he been out there at this point? 143 00:08:14,375 --> 00:08:16,833 Close to an hour, 45 minutes, at least. 144 00:08:16,917 --> 00:08:19,125 So, Becca and I were talking in the back, 145 00:08:19,208 --> 00:08:21,542 finally I go, you know, "Go tell him to leave. I don't want him here." 146 00:08:22,292 --> 00:08:23,833 So she did. 147 00:08:23,958 --> 00:08:27,708 Well, when you tell somebody that, you're kind of, like, 148 00:08:27,875 --> 00:08:30,042 poking them in the arm, saying, "I don't like you. 149 00:08:30,125 --> 00:08:31,958 "I want you to leave. I don't want you on my property." 150 00:08:32,042 --> 00:08:33,250 So, I wasn't... 151 00:08:33,375 --> 00:08:35,375 I wasn't totally surprised when he knocked on the door. 152 00:08:35,458 --> 00:08:37,625 WALPOLE: Did you know where Rebecca was at at the time? 153 00:08:37,708 --> 00:08:39,083 EARL: No, I did not know. No. 154 00:08:39,167 --> 00:08:41,583 When I opened the blind, his face is right there 155 00:08:41,667 --> 00:08:45,167 against the door, against the window. 156 00:08:45,250 --> 00:08:48,000 So as soon as I saw him, I went and got the shotgun. 157 00:08:49,708 --> 00:08:51,750 I mean, my adrenaline just went through the roof. 158 00:08:51,875 --> 00:08:54,458 When you made the decision to go get that shotgun, 159 00:08:54,542 --> 00:08:57,208 what did you know about William Christopher Scott? 160 00:08:57,292 --> 00:08:59,792 I thought that he had been abusing my daughter. 161 00:08:59,875 --> 00:09:03,375 I don't know. The conditions they were living in at the time, 162 00:09:03,458 --> 00:09:05,708 they were living in a shed with no plumbing, 163 00:09:05,792 --> 00:09:07,542 no water, no electricity. 164 00:09:07,625 --> 00:09:09,583 They were having to use a five gallon bucket, 165 00:09:09,708 --> 00:09:12,208 for, you know, a restroom. 166 00:09:12,292 --> 00:09:14,083 And to me, that seemed like 167 00:09:14,083 --> 00:09:16,125 he was treating her like that on purpose. 168 00:09:16,125 --> 00:09:19,250 I don't know. I don't know all the... I'd never talked to the guy. 169 00:09:19,333 --> 00:09:22,875 So he's there. You get the shotgun. What happens next? 170 00:09:23,000 --> 00:09:25,500 I tried to get him to leave and he wouldn't leave. 171 00:09:25,583 --> 00:09:28,542 And then he backed up about six feet and I shot the warning shot. 172 00:09:30,542 --> 00:09:32,042 And that gets a little bit foggy, okay? 173 00:09:32,125 --> 00:09:35,375 He moved to the front of his car and stopped and stood there. 174 00:09:35,458 --> 00:09:37,000 That's when I shot the car. 175 00:09:37,083 --> 00:09:38,250 "Okay, I'm serious. You need to get in the car and leave." 176 00:09:39,792 --> 00:09:42,000 And then he got in. 177 00:09:42,042 --> 00:09:45,333 Uh, I thought he moved up about 10 feet and stopped. 178 00:09:45,375 --> 00:09:47,458 And then I... I mean, I mean, I remember very clearly, 179 00:09:47,542 --> 00:09:50,875 I thought, "What the hell?" and shot again. 180 00:09:50,958 --> 00:09:53,458 When I saw him get out of the car, he was hurt and bleeding. 181 00:09:53,542 --> 00:09:55,375 I just sat down. 182 00:09:55,500 --> 00:09:57,750 I got sick in my stomach, because I didn't... I didn't intend to hurt him. 183 00:10:11,208 --> 00:10:13,625 WALPOLE: The State's argument, as you know, 184 00:10:13,708 --> 00:10:16,542 is gonna be that you're pissed at him, and that's why you shot him. 185 00:10:16,625 --> 00:10:18,000 Our position is that 186 00:10:18,083 --> 00:10:21,167 you fired because you're afraid of him. 187 00:10:21,208 --> 00:10:25,125 Self-defense doesn't apply to you pulling the trigger when he's leaving, right? 188 00:10:25,208 --> 00:10:28,250 What it does apply to is why you picked up a gun in the first place. 189 00:10:28,375 --> 00:10:30,667 Okay. Thank you very much. 190 00:10:30,708 --> 00:10:32,208 -Yeah. Thanks for coming in. -Okay. 191 00:10:33,792 --> 00:10:34,958 WALPOLE: I believe in the case. 192 00:10:35,042 --> 00:10:36,833 I believe Earl was protecting his daughter, 193 00:10:36,875 --> 00:10:38,667 who he loves very much. 194 00:10:38,750 --> 00:10:40,250 He's looking at two to 20, 195 00:10:40,375 --> 00:10:43,667 which is a life-sentence for someone in Earl's position. 196 00:10:43,708 --> 00:10:45,042 I'm gonna do everything in my power 197 00:10:45,125 --> 00:10:46,625 to make sure that man does not go to prison. 198 00:10:56,458 --> 00:11:00,708 -Okay, so this was when we got engaged. -Mmm-hmm. 199 00:11:00,708 --> 00:11:02,375 EARL: Where were these pictures taken? 200 00:11:02,458 --> 00:11:04,250 LIESE: That was in your apartment. 201 00:11:04,375 --> 00:11:06,000 -Oh, it was? -Mmm-hmm. 202 00:11:06,083 --> 00:11:07,833 You had invited me over for dinner. 203 00:11:07,958 --> 00:11:11,750 EARL: Oh, my God. Time flies by so fast. 204 00:11:11,833 --> 00:11:14,250 LIESE: We've been married for 38 years. 205 00:11:14,250 --> 00:11:18,292 We were never really separated until this past year. 206 00:11:19,375 --> 00:11:21,375 -Were we? -Right, right. 207 00:11:21,500 --> 00:11:22,833 We're always together. 208 00:11:22,917 --> 00:11:24,917 -We always did everything together. -Yeah. 209 00:11:35,458 --> 00:11:37,333 EARL: Because they were witnesses, 210 00:11:37,375 --> 00:11:38,500 I was not allowed 211 00:11:38,583 --> 00:11:39,667 to have any contact with them. 212 00:11:39,708 --> 00:11:43,167 It feels like you've had a death. 213 00:11:43,208 --> 00:11:46,542 And you wake up in the morning crying, 214 00:11:46,542 --> 00:11:47,792 and you go to sleep, crying. 215 00:11:56,708 --> 00:11:58,042 I wish I could see Becca. 216 00:11:59,542 --> 00:12:00,833 I think we should get credit 217 00:12:00,875 --> 00:12:02,542 for all the time we spent apart. (CHUCKLES) 218 00:12:02,625 --> 00:12:03,833 -(LAUGHS) -Time served. 219 00:12:03,917 --> 00:12:05,208 It's almost like... It was almost like... 220 00:12:05,375 --> 00:12:07,167 -Yeah, like being in jail. -Yeah, like being in jail. 221 00:12:07,250 --> 00:12:08,083 LIESE: Mmm-hmm. 222 00:12:22,875 --> 00:12:23,833 -Hey, David. -Hey, Deric. 223 00:12:23,917 --> 00:12:25,333 -How are you? -Doing well. 224 00:12:28,417 --> 00:12:29,708 (KNOCKING AT DOOR) 225 00:12:31,458 --> 00:12:32,500 -Hey, Earl. -Hey. 226 00:12:32,583 --> 00:12:33,708 -How are you? -How's it going? Good. 227 00:12:34,583 --> 00:12:35,792 WALPOLE: This case comes down 228 00:12:35,917 --> 00:12:37,708 to what was going on in your brain 229 00:12:37,792 --> 00:12:40,042 -when you pulled that trigger... -EARL: Yes. 230 00:12:40,125 --> 00:12:42,667 -...and why you grabbed a shotgun in the first place? -Right. 231 00:12:42,792 --> 00:12:45,042 Because of all the aggressive acts 232 00:12:45,125 --> 00:12:48,250 that were of that evening, yours were the most aggressive. 233 00:12:54,833 --> 00:12:58,333 What I wanna do is recreate what happened that day. 234 00:12:58,375 --> 00:13:01,667 EARL: Okay. So, when he knocked on the door, 235 00:13:01,750 --> 00:13:04,500 the blinds were closed. I had to go like this and saw that it was him. 236 00:13:04,583 --> 00:13:05,833 I kind of knew what he looked like. 237 00:13:05,917 --> 00:13:07,958 I didn't hesitate. I didn't think 238 00:13:08,042 --> 00:13:12,167 "I wonder what he wants." No, this is not good. 239 00:13:12,208 --> 00:13:14,875 -I immediately went there and got that gun. -WALPOLE: Right. 240 00:13:15,000 --> 00:13:16,500 Came back, opened the door 241 00:13:16,583 --> 00:13:18,250 and immediately told him to leave. 242 00:13:19,708 --> 00:13:21,333 All right, so he's standing at the front. 243 00:13:21,375 --> 00:13:25,208 Eventually, I guess I got to here 244 00:13:25,292 --> 00:13:27,750 and fired that first warning shot up in the air, in which I was thinking, 245 00:13:27,875 --> 00:13:31,167 "How did I keep from hitting the roof right there?" 246 00:13:31,250 --> 00:13:32,833 CONKLIN: All right, so where is he standing when you do that? 247 00:13:32,917 --> 00:13:36,000 A little bit further back, right about there. 248 00:13:36,042 --> 00:13:38,042 LIESE: As Earl's telling him to leave, 249 00:13:38,125 --> 00:13:40,167 leave, leave, he just continued to argue with him. 250 00:13:40,292 --> 00:13:42,542 -WALPOLE: All right. -Then it gets... Gets kind of fuzzy. 251 00:13:42,667 --> 00:13:45,375 I don't remember exactly why or when 252 00:13:45,500 --> 00:13:47,375 he went to the front of his car. 253 00:13:47,458 --> 00:13:49,708 And then from... From this point right here, 254 00:13:49,708 --> 00:13:52,000 I think I shot the side of his car, 255 00:13:52,125 --> 00:13:54,458 the door, on purpose, didn't want to hit him. 256 00:13:56,708 --> 00:13:59,333 -He's standing right here? -Yeah. 257 00:13:59,417 --> 00:14:01,583 Is this where the car was when you fired the second shot? 258 00:14:01,708 --> 00:14:03,500 EARL: Correct. Yes. Right at the door. 259 00:14:03,583 --> 00:14:06,292 -Aimed at... -Two-door... Two-door vehicle, right in the middle of the door. 260 00:14:06,375 --> 00:14:09,750 And then he finally got in the car 261 00:14:09,875 --> 00:14:13,333 and drove off about 10, 15 feet, 262 00:14:13,417 --> 00:14:15,583 and that's when I shot the back of the car 263 00:14:15,708 --> 00:14:16,833 that ended up hurting him. 264 00:14:18,208 --> 00:14:20,792 WALPOLE: This is shot three? EARL: About right there. 265 00:14:20,875 --> 00:14:22,833 Right. Right there. 266 00:14:22,875 --> 00:14:24,500 (PENSIVE MUSIC PLAYING) 267 00:14:31,375 --> 00:14:33,667 At what point did you make the 911 call? 268 00:14:33,750 --> 00:14:35,667 And why did you make the 911 call? 269 00:14:35,750 --> 00:14:37,542 Because Earl told me to go call 911. 270 00:14:37,625 --> 00:14:40,292 -And that's... -WALPOLE: When did he tell you to do that? 271 00:14:40,375 --> 00:14:42,333 I believe that's when he had gotten out of the car 272 00:14:42,333 --> 00:14:44,500 -and we saw blood on his shoulder. -WALPOLE: All right. 273 00:14:49,167 --> 00:14:51,125 So, this is what we've got to do now. 274 00:14:51,208 --> 00:14:53,292 Earl has been very specific about what he did, 275 00:14:53,375 --> 00:14:55,042 where he's standing. 276 00:14:55,042 --> 00:14:58,333 And in a way that, you know, it's his memory. 277 00:14:58,417 --> 00:15:01,042 This is what he thinks, and this is what he's gonna testify to. 278 00:15:01,125 --> 00:15:03,500 I need to make sure that what Earl is saying 279 00:15:03,625 --> 00:15:05,875 -is consistent with the evidence. -CONKLIN: Right. 280 00:15:13,500 --> 00:15:15,500 WALPOLE: It's rare that I have a case these days 281 00:15:15,500 --> 00:15:18,250 where there's not some sort of video evidence, 282 00:15:18,333 --> 00:15:20,125 and it does a pretty good job 283 00:15:20,208 --> 00:15:21,875 of showing what happened that day. 284 00:15:34,125 --> 00:15:35,292 There's another surveillance video 285 00:15:35,417 --> 00:15:38,042 that doesn't show anything, but it has audio. 286 00:15:38,125 --> 00:15:42,500 So we wanted to take the audio and video and overlay them, 287 00:15:42,542 --> 00:15:45,667 so we have a surveillance video with sound. 288 00:15:45,750 --> 00:15:47,417 -Hey, man. -Oh, hey, David. 289 00:15:47,500 --> 00:15:48,750 -How are you? -Good. 290 00:15:48,875 --> 00:15:49,917 CONKLIN: Good to see you 291 00:15:54,458 --> 00:15:56,458 WALPOLE: All right. That's Earl opening the front door. 292 00:15:59,542 --> 00:16:02,042 CONKLIN: At this point, it couldn't be more clear 293 00:16:02,125 --> 00:16:03,667 that Earl wants him to go. 294 00:16:03,708 --> 00:16:06,000 -Yeah. Yeah. -You can hear Earl's voice clearly. 295 00:16:06,125 --> 00:16:09,042 That tells you how loud and adamant Earl was 296 00:16:09,125 --> 00:16:10,917 that he needed to leave. 297 00:16:11,042 --> 00:16:13,000 WALPOLE: Now, you see Rebecca 298 00:16:13,125 --> 00:16:15,125 coming around from the side of the house. 299 00:16:15,208 --> 00:16:17,875 William Christopher Scott, who's the alleged victim, 300 00:16:18,000 --> 00:16:19,833 he says he's there to make sure 301 00:16:19,958 --> 00:16:21,708 she's not passed out on the side of the house. 302 00:16:21,792 --> 00:16:23,333 -Right? -Right. 303 00:16:23,417 --> 00:16:25,208 -Clearly not passed out at the side of the house. -No. 304 00:16:27,000 --> 00:16:28,875 (GUN FIRES) 305 00:16:28,958 --> 00:16:30,667 WALPOLE: Okay, that's kind of shot number one. 306 00:16:30,708 --> 00:16:33,750 Earl said it was a warning shot that he fired up in the air 307 00:16:33,750 --> 00:16:35,667 when the first shot goes off. 308 00:16:35,708 --> 00:16:38,000 That gun is not pointed up at a 45 degree angle. 309 00:16:38,125 --> 00:16:39,500 It's pointed directly at that car. 310 00:16:41,250 --> 00:16:42,500 Watch the barrel, man. 311 00:16:42,542 --> 00:16:45,000 -You can see the recoil. -(GUN FIRES) 312 00:16:45,083 --> 00:16:46,250 You can see the distortion. 313 00:16:48,417 --> 00:16:50,542 That's a little bit of a problem. 314 00:16:50,625 --> 00:16:53,667 Yeah, and at this point he's had a gun stuck in his face. 315 00:16:53,792 --> 00:16:55,625 He's... A gunshot's gone off, 316 00:16:55,708 --> 00:16:59,500 and he's still sticking around and arguing with this man. 317 00:17:03,000 --> 00:17:05,083 -(GUN FIRES) -WALPOLE: Shot number two. 318 00:17:11,750 --> 00:17:15,208 Third shot, right as... 319 00:17:15,333 --> 00:17:19,125 -another car passes through the line of fire. -Right. 320 00:17:19,208 --> 00:17:20,625 Not my favorite part of the case. 321 00:17:21,958 --> 00:17:23,750 All right. Now, here's Rebecca. 322 00:17:23,833 --> 00:17:26,333 And the car comes to a rest at the end of the street, 323 00:17:26,417 --> 00:17:29,125 you see Scott get out of the car. 324 00:17:29,750 --> 00:17:31,125 He got shot. 325 00:17:31,208 --> 00:17:33,125 He got hit with 12 projectiles out of the shotgun. 326 00:17:34,542 --> 00:17:35,375 Our theory of the case 327 00:17:35,458 --> 00:17:38,125 is he negligently injured Mr. Scott. 328 00:17:38,125 --> 00:17:41,083 They're saying he recklessly injured Mr. Scott. 329 00:17:41,167 --> 00:17:42,917 They're gonna point out as many instances 330 00:17:43,042 --> 00:17:45,125 of recklessness as they possibly can. 331 00:17:45,208 --> 00:17:46,833 Fight or flight response. 332 00:17:46,875 --> 00:17:50,167 I mean, he's hyper-focused on what's directly in front of him. 333 00:17:50,208 --> 00:17:52,125 WALPOLE: But now we can clearly see 334 00:17:52,208 --> 00:17:53,792 a bigger problem with the first shot. 335 00:17:53,875 --> 00:17:55,875 He clearly isn't pointing 336 00:17:55,875 --> 00:17:57,625 that gun up at a 45 degree angle, 337 00:17:57,708 --> 00:17:59,708 and he's pointing right at that car, 338 00:17:59,792 --> 00:18:00,875 and that car's got 339 00:18:00,958 --> 00:18:02,208 three groups of shots in it. 340 00:18:02,292 --> 00:18:03,542 That's what happened. 341 00:18:05,875 --> 00:18:08,333 We need to reflect on what this shows 342 00:18:08,375 --> 00:18:11,167 relative to what he said at the last trial, 343 00:18:11,250 --> 00:18:13,583 because they can't be different. 344 00:18:14,708 --> 00:18:16,958 It's got to be the same. 345 00:18:17,042 --> 00:18:18,667 He told the jury, he told the police, 346 00:18:18,750 --> 00:18:21,000 "I fired a warning shot up into the air." 347 00:18:21,083 --> 00:18:22,167 That's not what happened. 348 00:18:22,375 --> 00:18:24,000 Earl has to be credible. 349 00:18:24,042 --> 00:18:26,750 The jury has to believe he's telling the truth. 350 00:18:26,833 --> 00:18:29,667 The threat from the prosecution is that they'll use that 351 00:18:29,792 --> 00:18:32,917 to prove to the jury that he's not credible. 352 00:18:33,042 --> 00:18:34,292 It's a problem. 353 00:18:47,750 --> 00:18:49,458 WALPOLE: Earl, what I want to go over today 354 00:18:49,542 --> 00:18:51,583 is the video, 355 00:18:51,667 --> 00:18:53,667 now that we've got a better copy of it 356 00:18:53,792 --> 00:18:55,375 and we've synced it up with the audio. 357 00:18:56,250 --> 00:18:57,833 Your previous testimony, 358 00:18:57,917 --> 00:18:59,083 and your statement to the police 359 00:18:59,167 --> 00:19:00,958 was that you fired a warning shot, 360 00:19:01,042 --> 00:19:03,375 up and to the left. 361 00:19:05,208 --> 00:19:06,500 All right. Now, there's Rebecca coming round 362 00:19:06,583 --> 00:19:07,750 -from the side of the house. -Okay. 363 00:19:08,625 --> 00:19:09,500 EARL: Leave! 364 00:19:10,167 --> 00:19:11,208 (GUN FIRES) 365 00:19:11,292 --> 00:19:12,625 WALPOLE: Now, right there... 366 00:19:12,708 --> 00:19:15,792 -The gun is pointed level... -WALPOLE: At the car. 367 00:19:16,833 --> 00:19:18,833 (GUN FIRES) 368 00:19:18,917 --> 00:19:22,375 But that... What that shows is that I'm right here... 369 00:19:22,500 --> 00:19:25,667 roughly right here and that I'm shooting more like this. 370 00:19:25,750 --> 00:19:27,958 I... I couldn't have done this because it would have 371 00:19:28,042 --> 00:19:29,583 went in, into the... Into the roof 372 00:19:29,708 --> 00:19:32,500 and there would still be holes there. I thought I was here. 373 00:19:32,542 --> 00:19:36,333 And that shot over there would not have hit the house. 374 00:19:36,333 --> 00:19:37,833 WALPOLE: You agree with me that you weren't, though? 375 00:19:37,917 --> 00:19:39,792 -This looks like you... -Yeah, it shows that I'm right here. 376 00:19:42,833 --> 00:19:45,542 Now, what's the prosecutors going to do with this? 377 00:19:45,625 --> 00:19:49,083 Prosecutors are going to say that you are a liar. 378 00:19:49,167 --> 00:19:50,500 Until we saw this video, I... 379 00:19:50,542 --> 00:19:52,417 I still would have never believed that 380 00:19:52,500 --> 00:19:54,333 I shot out there like that. 381 00:19:54,375 --> 00:19:56,042 It's just your memory, you know, it's like, 382 00:19:56,125 --> 00:19:57,833 if I fired three times, 383 00:19:57,917 --> 00:20:01,000 two times for sure, I did not intend on hitting him. 384 00:20:01,083 --> 00:20:03,083 Let me back you up a little bit. 385 00:20:03,167 --> 00:20:04,875 That was never your intent on any shot. 386 00:20:04,958 --> 00:20:06,208 Yeah, on any shot. True. I... Yeah. 387 00:20:06,292 --> 00:20:07,500 -Okay... -It's clear that it wasn't. 388 00:20:07,542 --> 00:20:08,583 -That's what I mean. -That's the kind of stuff... 389 00:20:08,708 --> 00:20:10,042 That's the kind of stuff you can't say 390 00:20:10,167 --> 00:20:11,583 when you're sitting up on the stand. 391 00:20:11,667 --> 00:20:13,042 I'm not going to. I'm saying it to you. 392 00:20:13,167 --> 00:20:14,458 We're talking about it now. 393 00:20:14,542 --> 00:20:17,250 But if you say, "I didn't mean to hit him 394 00:20:17,375 --> 00:20:18,625 "the first two times I fired the shot." 395 00:20:18,708 --> 00:20:19,958 -We lose. -That means the third time I was guilty. 396 00:20:20,042 --> 00:20:20,833 -We lose. -Yeah, I understand. 397 00:20:23,208 --> 00:20:24,792 It... It's a little bit unsettling 398 00:20:24,875 --> 00:20:27,167 that it's not the way I remembered it... 399 00:20:27,875 --> 00:20:29,042 exactly. 400 00:20:29,125 --> 00:20:31,292 So that's a little bit worrisome. 401 00:20:31,375 --> 00:20:33,125 And you know, you just have to be careful 402 00:20:33,208 --> 00:20:35,458 how you answer when you're testifying. 403 00:20:38,083 --> 00:20:40,917 He was surprised, but he accepts that 404 00:20:41,000 --> 00:20:43,292 he remembers it incorrectly. 405 00:20:43,375 --> 00:20:45,375 So, today was a good warm-up for, 406 00:20:45,458 --> 00:20:47,292 "Hey, man, you're gonna get pressed on these things. 407 00:20:47,375 --> 00:20:49,667 "I'm pressing on you now, and I'm doing it nicely 408 00:20:49,708 --> 00:20:52,208 "because they're gonna tell you you're a liar." 409 00:20:59,375 --> 00:21:01,667 LIESE: Let me show you how we've got things set up 410 00:21:01,792 --> 00:21:03,333 so she can come and get stuff quickly. 411 00:21:14,542 --> 00:21:16,167 EARL: She's never had her own home. 412 00:21:16,208 --> 00:21:18,250 She's very seldom had her own apartment. 413 00:21:18,333 --> 00:21:21,250 This is almost everything she has. 414 00:21:21,333 --> 00:21:23,500 So, really what you're seeing here is 415 00:21:23,542 --> 00:21:26,000 this is Becca's life. 416 00:21:26,042 --> 00:21:28,625 But she always wants to get these broke down guys... 417 00:21:28,708 --> 00:21:30,542 LIESE: Yeah, 'cause she wants to try to fix them. 418 00:21:30,625 --> 00:21:33,333 EARL: Yeah, and I told her one time, 419 00:21:33,417 --> 00:21:37,417 I said, "Just stop treating these guys like I treat my old trucks." 420 00:21:37,500 --> 00:21:39,333 You know, I buy these old trucks and they're broke down. 421 00:21:39,375 --> 00:21:41,917 I think I can fix them up. Don't treat men like that. 422 00:21:47,292 --> 00:21:49,625 LIESE: Well, this is her master's degree. 423 00:21:50,875 --> 00:21:53,042 The path she's on now 424 00:21:54,708 --> 00:21:58,500 is as good as it's been in a very long time. 425 00:21:58,542 --> 00:22:01,333 Because I laid awake too many nights 426 00:22:01,417 --> 00:22:03,417 knowing what he was doing to her. 427 00:22:08,625 --> 00:22:13,667 In the last three months before the incident happened... 428 00:22:13,708 --> 00:22:15,875 -(SPEAKS INDISTINCTLY) -...it was increasingly getting worse. 429 00:22:15,958 --> 00:22:18,167 Yeah, it was definitely getting worse. 430 00:22:18,250 --> 00:22:19,333 LIESE: It's just heartbreaking 431 00:22:19,375 --> 00:22:21,708 when they know they have a way out. 432 00:22:21,833 --> 00:22:24,583 She knows she has a way out to live with us. 433 00:22:24,708 --> 00:22:27,000 EARL: If you have a daughter, you're gonna protect her. 434 00:22:27,042 --> 00:22:29,958 You're gonna do everything you can to... To help her get through life. 435 00:22:38,875 --> 00:22:42,833 One of my tasks for today is to try to figure out 436 00:22:42,917 --> 00:22:46,375 what I can use from William Scott's history. 437 00:22:46,500 --> 00:22:48,417 The reason is because it explains 438 00:22:48,500 --> 00:22:52,000 why Earl felt the need to pick up a shotgun and why he was in fear. 439 00:22:56,042 --> 00:23:00,042 This is every case that he's posted bond on. 440 00:23:00,125 --> 00:23:02,208 All right. We've got charges here 441 00:23:02,292 --> 00:23:03,792 ranging from possession of marijuana, 442 00:23:03,875 --> 00:23:06,917 from 12 years ago, all the way to 2021, 443 00:23:07,000 --> 00:23:08,625 assault, family violence, and prohibited weapon. 444 00:23:15,125 --> 00:23:18,708 The prohibited weapon's charge, it's important that the jury hear about it 445 00:23:18,792 --> 00:23:22,167 because it adds to Earl's perception of his dangerousness 446 00:23:22,250 --> 00:23:23,333 because he did know about that charge 447 00:23:23,458 --> 00:23:24,500 at the time he pulled the trigger. 448 00:23:34,708 --> 00:23:36,667 At the last trial, we were able to get in 449 00:23:36,708 --> 00:23:40,333 that he was on bond for two assault family violence cases, 450 00:23:40,375 --> 00:23:42,083 but I wasn't allowed to go into the fact 451 00:23:42,167 --> 00:23:45,500 that the complaining witness was Rebecca Allen. 452 00:23:45,583 --> 00:23:47,500 This is the stuff that I need the jury to hear. 453 00:23:49,250 --> 00:23:52,083 This is one of two filed cases, 454 00:23:52,167 --> 00:23:55,167 punishable by up to a year in jail, a $4,000 fine. 455 00:23:55,167 --> 00:23:57,125 It's a serious charge. 456 00:23:57,208 --> 00:23:58,625 He's got two of them. 457 00:23:58,708 --> 00:23:59,917 I need to get this in. 458 00:24:10,667 --> 00:24:12,667 And look, it's... It's a volatile relationship. 459 00:24:12,750 --> 00:24:14,833 The police have been called out to their place, mostly on him, 460 00:24:14,958 --> 00:24:17,417 sometimes on her. I mean, you know, 461 00:24:17,500 --> 00:24:19,417 she's bringing some... 462 00:24:19,500 --> 00:24:21,667 Some problems, into this situation. 463 00:24:29,625 --> 00:24:31,625 The only reason I would wanna call her 464 00:24:31,708 --> 00:24:33,917 is to establish the history of abuse. 465 00:24:34,125 --> 00:24:36,000 I think I run a risk by putting her on. 466 00:24:36,042 --> 00:24:39,167 But if I can get in the prior history, 467 00:24:39,250 --> 00:24:40,792 it's worth the risk. 468 00:24:40,875 --> 00:24:42,542 It's part of the story that the jury needs to hear, 469 00:24:42,625 --> 00:24:44,500 and if they do hear it this time, 470 00:24:44,583 --> 00:24:46,833 I think it easily triples our odds of winning. 471 00:24:55,625 --> 00:24:57,708 We're definitely going in front of a different judge 472 00:24:57,708 --> 00:24:59,458 than we tried the case in front of last time. 473 00:24:59,542 --> 00:25:01,417 I'm happy about that. 474 00:25:01,500 --> 00:25:04,083 I think that we're more likely to be able 475 00:25:04,167 --> 00:25:07,125 to get into the stuff that we need to get into. 476 00:25:14,458 --> 00:25:16,625 Whether or not evidence gets in 477 00:25:16,708 --> 00:25:21,042 is almost completely discretionary with the judge. 478 00:25:21,042 --> 00:25:23,625 If we're allowed to get into the abuse, at that point, 479 00:25:23,708 --> 00:25:25,958 we need to call Rebecca to testify. 480 00:25:26,042 --> 00:25:29,833 So, how do you feel about calling Rebecca as a witness? 481 00:25:29,917 --> 00:25:32,125 EARL: To tell you the truth, I just don't know what she's gonna say. 482 00:25:41,125 --> 00:25:43,208 WALPOLE: I don't think she's ever gonna say, 483 00:25:43,292 --> 00:25:44,833 "You know what, my dad said 484 00:25:45,042 --> 00:25:46,500 'I'm gonna shoot that son of a bitch because I don't like him.'" 485 00:25:46,542 --> 00:25:49,042 -Right. -She's not ever gonna say anything, 486 00:25:49,125 --> 00:25:51,542 other than what happened. 487 00:25:51,625 --> 00:25:55,125 But I don't have the ability to control questions the prosecutor asks. 488 00:25:56,542 --> 00:25:59,125 They will cross-examine her, 489 00:25:59,125 --> 00:26:02,208 and I think that's when we're gonna run into difficulty. 490 00:26:02,292 --> 00:26:04,167 Well, are they gonna try to make it her fault? 491 00:26:04,250 --> 00:26:07,000 -The abuse was not her fault. -WALPOLE: No. 492 00:26:07,042 --> 00:26:08,792 The reason you're sitting here talking to me 493 00:26:08,875 --> 00:26:11,458 -is her fault. -True, to some level. I understand. 494 00:26:11,542 --> 00:26:13,833 You can't leave her out, because then why did I do what I did? 495 00:26:13,875 --> 00:26:16,667 Because of my daughter and what she was going through. 496 00:26:16,708 --> 00:26:19,000 That's the truth. It was to me. 497 00:26:19,083 --> 00:26:22,667 WALPOLE: I know it's your daughter, but I'm trying to win your case. 498 00:26:22,750 --> 00:26:24,667 Everybody gets to walk away except for you. 499 00:26:24,792 --> 00:26:26,583 If we get into this trial, 500 00:26:26,667 --> 00:26:29,333 the abuse between Rebecca and Mr. Scott, 501 00:26:29,375 --> 00:26:30,542 I will call her. 502 00:26:30,667 --> 00:26:32,208 If I can't, I'm not... 503 00:26:37,292 --> 00:26:38,208 (PENSIVE MUSIC PLAYING) 504 00:26:40,042 --> 00:26:42,667 We're currently headed out to the courthouse. 505 00:26:42,708 --> 00:26:44,292 Trial's on Monday. 506 00:26:44,375 --> 00:26:46,083 And we're gonna do a mock trial. 507 00:26:47,292 --> 00:26:49,667 Harrison is gonna meet us there. 508 00:26:49,708 --> 00:26:53,000 He's a former prosecutor. He's a defense attorney now. 509 00:26:53,083 --> 00:26:55,667 He's gonna play the role of the prosecutor to see how Earl does 510 00:26:55,750 --> 00:26:57,125 and see what we need to tighten up. 511 00:27:05,875 --> 00:27:07,583 You've been through this before, right? 512 00:27:07,667 --> 00:27:09,417 You've been through it for real. 513 00:27:09,500 --> 00:27:10,583 I wanna go through it again 514 00:27:10,667 --> 00:27:12,375 and see what we can do differently. 515 00:27:19,208 --> 00:27:20,125 (GUN FIRES) 516 00:27:21,667 --> 00:27:23,667 (EARL SPEAKING) 517 00:27:23,708 --> 00:27:26,250 You could see on that video, Mr. Allen, 518 00:27:26,333 --> 00:27:28,708 that at no point 519 00:27:28,792 --> 00:27:31,458 is that gun ever pointed above and to the left of Scott. 520 00:27:31,542 --> 00:27:32,583 Is that right? 521 00:27:32,667 --> 00:27:33,750 That's correct. 522 00:27:41,458 --> 00:27:43,500 Obviously, that directly contradicts the statement 523 00:27:43,583 --> 00:27:46,125 that you gave to investigators four hours after the shooting, 524 00:27:46,208 --> 00:27:48,000 when this should have been fresh in your mind, right? 525 00:27:48,042 --> 00:27:49,833 Uh, yes. 526 00:27:49,875 --> 00:27:53,083 So you're telling the truth, but the video is lying? 527 00:27:53,167 --> 00:27:54,833 No, I don't think it was... I don't think that's a lie. 528 00:27:54,958 --> 00:27:57,375 I think it's just, you know, a misstatement. 529 00:27:57,375 --> 00:27:58,875 -I was just wrong. -Okay. 530 00:27:58,958 --> 00:28:00,917 I just remembered it incorrectly. 531 00:28:01,042 --> 00:28:03,375 What does the word "recklessly" mean to you, Mr. Allen? 532 00:28:03,458 --> 00:28:06,917 To me, it... It means that I didn't care what happened. 533 00:28:07,042 --> 00:28:08,625 You know, you thought you shot above and to the left, 534 00:28:08,708 --> 00:28:10,625 we can clearly see on video that you were lying 535 00:28:10,708 --> 00:28:12,667 and that you fired three shots 536 00:28:12,750 --> 00:28:14,542 directly in the area of Scott 537 00:28:14,625 --> 00:28:15,833 and directly in the area of that car. 538 00:28:15,875 --> 00:28:18,083 Is that fair to say now? 539 00:28:18,167 --> 00:28:22,250 Well, my intentions were to make him leave, not to hurt him. 540 00:28:22,333 --> 00:28:25,708 Where was Scott when you took the third shot? 541 00:28:25,708 --> 00:28:27,458 He was in the driver's seat of the car. 542 00:28:27,542 --> 00:28:29,750 -He was in the vehicle, driving away, right? -Yes. 543 00:28:29,833 --> 00:28:32,167 And you don't think that was reckless? 544 00:28:32,208 --> 00:28:34,375 If reckless means that I intended to hurt him, 545 00:28:34,375 --> 00:28:37,167 no, it was negligible. It was... It was negligence. 546 00:28:37,208 --> 00:28:38,208 It was not recklessness. 547 00:28:38,333 --> 00:28:39,667 Is that a word that your attorney taught you? 548 00:28:41,792 --> 00:28:43,833 -No, I know those words. -Okay. 549 00:28:43,917 --> 00:28:45,333 And did you disregard that risk 550 00:28:45,417 --> 00:28:49,333 when you fired that last shot into Scott's vehicle? 551 00:28:51,708 --> 00:28:52,792 Possibly. 552 00:28:55,958 --> 00:28:57,667 WALPOLE: No, dude, that's not gonna work. 553 00:28:57,708 --> 00:28:59,292 That's a guilty verdict. 554 00:28:59,375 --> 00:29:01,292 Did you know there was a chance he would get hurt? 555 00:29:01,375 --> 00:29:02,208 You just said, "possibly." 556 00:29:02,292 --> 00:29:04,125 And that's... That's it. We're done, man. 557 00:29:04,208 --> 00:29:05,833 Okay. Right. I understand that now. 558 00:29:05,917 --> 00:29:07,583 -Everybody now knows that it's reckless. -Yeah. 559 00:29:07,667 --> 00:29:09,292 -It was, right? -Yeah. 560 00:29:09,375 --> 00:29:11,292 "At the time I did not think he was gonna get hurt 561 00:29:11,375 --> 00:29:12,958 -"or I wouldn't have pulled the trigger." -Yeah. 562 00:29:16,042 --> 00:29:18,167 EARL: I'm worried that the prosecution 563 00:29:18,208 --> 00:29:20,958 could trip me up on my intentions. 564 00:29:21,042 --> 00:29:22,292 You know, all along I've said, 565 00:29:22,375 --> 00:29:25,083 "I didn't intend on hurting the guy." 566 00:29:25,167 --> 00:29:27,708 But they... They... They wanna make it look like I did. 567 00:29:32,167 --> 00:29:34,458 WALPOLE: That's the prosecution's biggest strength, 568 00:29:34,542 --> 00:29:38,750 is that... That, you know, the guy did get hurt, 569 00:29:38,833 --> 00:29:41,958 and their belief that they can get Earl to say, 570 00:29:42,042 --> 00:29:44,833 "Yeah, it was... It was reckless." 571 00:29:44,833 --> 00:29:47,000 What matters is what he thought at the time, 572 00:29:47,042 --> 00:29:49,167 not what he thinks about it now. 573 00:29:49,250 --> 00:29:53,000 If that had happened in front of the jury, we lose. 574 00:29:57,375 --> 00:29:58,292 (TENSE MUSIC PLAYING) 575 00:30:06,083 --> 00:30:07,500 It's day one of the trial. 576 00:30:07,542 --> 00:30:09,500 I still don't know whether or not 577 00:30:09,583 --> 00:30:10,875 Scott's priors are getting in. 578 00:30:11,000 --> 00:30:12,042 It's pretty crucial. 579 00:30:12,917 --> 00:30:14,167 Earl's a good man. 580 00:30:14,208 --> 00:30:15,750 That's what I need to sell to the jury, 581 00:30:15,833 --> 00:30:17,042 and I will. 582 00:30:20,167 --> 00:30:21,750 EARL: It's time to deal with this. 583 00:30:21,833 --> 00:30:23,708 I want it to be over, you know. 584 00:30:23,792 --> 00:30:25,500 Let's let these 12 people decide, 585 00:30:25,542 --> 00:30:26,792 and I'm okay with that. 586 00:31:50,500 --> 00:31:53,542 WALPOLE: The only person that testified today was Detective Gentry. 587 00:31:53,625 --> 00:31:55,292 But one thing that concerns me 588 00:31:55,375 --> 00:31:57,542 is we're actually getting less in 589 00:31:57,625 --> 00:32:00,500 -about Scott's criminal history than we did the last time. -EARL: Right. 590 00:32:00,583 --> 00:32:03,875 We're never gonna be able to explain why I did what I did. 591 00:32:04,000 --> 00:32:05,500 We're not done yet, man. 592 00:32:05,542 --> 00:32:07,000 -We're not done. -Yeah. 593 00:32:07,042 --> 00:32:09,500 The jury knows there's something that they're not hearing. 594 00:32:09,542 --> 00:32:11,333 And it explains why you picked up a gun. 595 00:32:11,375 --> 00:32:13,417 We'll get the point across one way or the other. 596 00:32:22,875 --> 00:32:25,000 WALPOLE: We're getting ready to start day two of testimony. 597 00:32:25,125 --> 00:32:28,042 The State's gonna call the victim, William Christopher Scott today. 598 00:32:28,167 --> 00:32:29,792 The strategy is to just keep trying 599 00:32:29,875 --> 00:32:31,958 to get in the prior history of violence 600 00:32:32,042 --> 00:32:34,000 between Scott and Rebecca. 601 00:32:34,042 --> 00:32:35,917 And the more the prosecution objects, 602 00:32:36,000 --> 00:32:38,167 the more they know it's important. 603 00:32:38,292 --> 00:32:41,208 An unintended consequence of my attempts is gonna be, 604 00:32:41,292 --> 00:32:43,333 the jury knows that something's being kept from them. 605 00:33:31,292 --> 00:33:33,792 EARL: It wasn't really a lot of emotion about seeing him. 606 00:33:33,875 --> 00:33:36,042 I mean, I don't like the guy. 607 00:33:36,167 --> 00:33:39,000 But not being able to tell the whole truth 608 00:33:39,042 --> 00:33:41,542 where things are excluded on purpose 609 00:33:41,667 --> 00:33:44,042 and then presented to the jury, 610 00:33:44,125 --> 00:33:46,792 as if that's the whole truth, and it's not. 611 00:33:46,875 --> 00:33:48,208 I'm sworn to tell the whole truth. 612 00:33:48,292 --> 00:33:50,083 Why isn't everybody else? 613 00:33:50,208 --> 00:33:52,083 That's not fair. That's not justice. 614 00:34:05,417 --> 00:34:06,750 WALPOLE: Day two has come and gone. 615 00:34:07,792 --> 00:34:10,000 The EMT testified today 616 00:34:10,083 --> 00:34:12,333 that his injuries were not life-threatening. 617 00:34:12,417 --> 00:34:14,000 That was super-positive. 618 00:34:14,042 --> 00:34:15,417 And then Scott testified. 619 00:34:15,500 --> 00:34:17,333 I mean, it was just... It was a show. 620 00:34:17,417 --> 00:34:20,125 It was an act, from beginning to end. 621 00:34:20,125 --> 00:34:22,042 But there is no real evidence about 622 00:34:22,125 --> 00:34:23,958 what Earl's mental state was at the time 623 00:34:24,042 --> 00:34:26,167 he pulled the trigger, which is our defense. 624 00:34:33,083 --> 00:34:34,542 Day three of testimony. 625 00:34:34,667 --> 00:34:36,667 The State's gonna be turning the case over to me today, 626 00:34:36,750 --> 00:34:38,083 and I get to call my witnesses. 627 00:34:38,167 --> 00:34:42,000 I'm gonna call Liese, have her state her case. 628 00:34:42,083 --> 00:34:44,333 I'm hoping to finish up with Earl. 629 00:34:44,458 --> 00:34:47,875 He knows he can't say that he was reckless at the time, 630 00:34:47,958 --> 00:34:51,583 but can reflect back now that he shouldn't have done it. 631 00:34:51,667 --> 00:34:53,458 Prosecutor's gonna try to jam him up. 632 00:34:54,667 --> 00:34:57,333 So, you know, let him try. 633 00:35:01,667 --> 00:35:02,708 (TENSE MUSIC PLAYING) 634 00:35:07,083 --> 00:35:08,583 EARL: Last night was a long night. 635 00:35:08,667 --> 00:35:10,208 I woke up at 4:00, couldn't go back to sleep. 636 00:35:11,500 --> 00:35:12,667 I'm still a little bit worried about 637 00:35:12,792 --> 00:35:14,542 the cross examination by Porter. 638 00:35:14,667 --> 00:35:15,458 But I'm just gonna... 639 00:35:16,958 --> 00:35:19,167 keep quiet, not cause any trouble. 640 00:35:19,208 --> 00:35:21,042 Yes or no. 641 00:35:21,125 --> 00:35:22,208 That's my strategy. 642 00:37:54,625 --> 00:37:58,333 EARL: Being on the stand was pretty brutal, you know. 643 00:37:58,417 --> 00:38:00,958 It was uncomfortable, to say the least. 644 00:38:01,042 --> 00:38:04,250 Deric didn't say a whole lot, which I was kind of counting on. 645 00:38:05,958 --> 00:38:08,458 You know, I was looking at the jury the whole time. 646 00:38:08,542 --> 00:38:10,833 It's hard to read these people, but I think it's gonna be 647 00:38:10,917 --> 00:38:14,500 a real battle in the jury room to reach an agreement. 648 00:38:14,583 --> 00:38:17,250 So, I'm worried about that. 649 00:38:24,208 --> 00:38:27,667 WALPOLE: You know, Earl seems to be feeling the same way he's always felt. 650 00:38:27,792 --> 00:38:30,500 You know, "We're here. We got to get this thing done. 651 00:38:30,542 --> 00:38:32,667 You know, "It's time to face the music." 652 00:38:38,583 --> 00:38:39,958 All right. Be seated. 653 00:39:41,125 --> 00:39:43,375 WALPOLE: I'm surprised. I thought we were gonna win. 654 00:39:43,458 --> 00:39:44,958 I thought we should have won. 655 00:39:45,042 --> 00:39:49,167 I firmly believe that the jury knowing more about 656 00:39:49,250 --> 00:39:50,667 why Earl was in the state of mind 657 00:39:50,708 --> 00:39:52,000 than he was in, would have made a difference. 658 00:39:55,542 --> 00:39:56,625 (INTENSE MUSIC PLAYING) 659 00:40:01,708 --> 00:40:04,042 EARL: Two to 20 years is what the punishment is. 660 00:40:06,000 --> 00:40:08,500 You have to stop and think about going to prison, 661 00:40:08,583 --> 00:40:10,625 I can't do it. I can't let myself go there. 662 00:40:21,917 --> 00:40:24,500 JUDGE BUTLER: We're now going into the punishment phase. 663 00:40:28,708 --> 00:40:31,542 The jury having found the defendant guilty of aggravated assault 664 00:40:31,625 --> 00:40:33,792 causing bodily injury with a deadly weapon, 665 00:40:35,292 --> 00:40:36,833 "We, the jury, assess his punishment 666 00:40:36,917 --> 00:40:40,333 "at five years of confinement in the Texas Department 667 00:40:40,458 --> 00:40:42,417 "of Criminal Justice Institutions Division. 668 00:40:46,000 --> 00:40:47,792 "We the jury, recommend to the court 669 00:40:47,875 --> 00:40:51,375 "that he be granted community supervision in this cause." 670 00:40:51,458 --> 00:40:54,042 If the defendant would please rise, 671 00:40:54,125 --> 00:40:56,042 and you've been found guilty. 672 00:40:56,208 --> 00:40:59,833 That sentence has been probated for a period of five years. 673 00:41:16,542 --> 00:41:17,875 WALPOLE: I would have liked to have won. 674 00:41:18,000 --> 00:41:21,292 I understand how the jury came to their verdict. 675 00:41:21,375 --> 00:41:23,125 And again, surprising but not shocking. 676 00:41:24,042 --> 00:41:25,250 He got probation. 677 00:41:25,333 --> 00:41:27,583 They were offering prison time. 678 00:41:27,667 --> 00:41:28,958 You know, I did the best I could do. 679 00:41:36,208 --> 00:41:37,208 (SENTIMENTAL MUSIC PLAYING) 680 00:41:41,708 --> 00:41:43,542 (REBECCA SOBBING) 681 00:41:48,542 --> 00:41:50,667 Oh, Daddy. 682 00:41:50,750 --> 00:41:53,250 -Calm down, Rebecca... -Oh, God! 683 00:41:54,333 --> 00:41:56,125 I love you so much. 684 00:41:58,250 --> 00:41:59,667 You look so great today. 685 00:41:59,750 --> 00:42:01,625 You look a little bit older. 686 00:42:02,458 --> 00:42:04,125 It's been a while. 687 00:42:04,875 --> 00:42:06,875 Oh, thank God. 688 00:42:06,958 --> 00:42:09,500 I'm just gonna have to wait a little while to process this 689 00:42:09,583 --> 00:42:10,875 and, you know... 690 00:42:12,500 --> 00:42:13,750 REBECCA: Oh, Mama... 691 00:42:16,167 --> 00:42:17,542 Oh, my earring. 692 00:42:17,625 --> 00:42:19,750 -LIESE: (LAUGHS) God. -Yep. 693 00:42:20,542 --> 00:42:21,583 I'm not letting go. 694 00:42:22,667 --> 00:42:24,500 I can't get it. 695 00:42:24,583 --> 00:42:26,417 It's an earring. She got me. 696 00:42:26,500 --> 00:42:28,458 You know, even though it's still probation, 697 00:42:28,458 --> 00:42:30,167 it's... It's not... 698 00:42:30,250 --> 00:42:32,292 -EARL: Better than going to be locked up. -Yeah. 699 00:42:32,375 --> 00:42:33,583 For five years 700 00:42:33,708 --> 00:42:37,708 and being... caged. 701 00:42:37,792 --> 00:42:39,500 Ultimately, this is a win. 702 00:42:40,375 --> 00:42:42,000 (SNIFFLES) 703 00:42:42,042 --> 00:42:44,042 -(CRYING) I love you so much. -I love you, too, Papa. 704 00:42:44,167 --> 00:42:45,042 (SNIFFLES)