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(phone ringing)
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(woman speaking)
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(man speaking)
4
00:00:20,170 --> 00:00:21,669
(woman speaking)
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00:00:21,689 --> 00:00:23,605
(man speaking)
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(sniffles)
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(man speaking)
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Woman: Where is the mom?
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(man speaking)
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Man: There's no logic
to what I did.
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What happened has
nothing to do with me,
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Other than the medical condition
that affected me.
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(woman speaking)
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(man speaking)
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(woman speaking)
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(man speaking)
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(michael sr. Speaking)
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Man: It's like I want to scream,
but I can't.
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Everyone look at me and say
he's a murderer.
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He killed his wife.
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(beeps)
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Benjamin: My name
is benjamin kim.
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I'm a criminal defense attorney
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In portland, oregon.
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I graduated
from boston university
school of law.
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My client,
michael winchester,
is accused of
27
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Unlawfully and intentionally
causing the death
28
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Of his wife, heidi,
in winchester.
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The prosecution is alleging
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00:02:11,966 --> 00:02:14,282
That mike winchester
strangled his wife
31
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And then tried to kill himself
with a box cutter.
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He then discovered that his wife
may not have been dead,
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And so then he took
the box cutter,
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Cut her neck.
35
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And then she died in a very
violent, bloody way.
36
00:02:38,567 --> 00:02:41,218
This case is
particularly unique.
37
00:02:41,311 --> 00:02:45,998
At issue is not whether
mike winchester
physically killed his wife,
38
00:02:47,409 --> 00:02:49,168
We know that he physically did.
39
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The issue of the case
is whether or not
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He was suffering from
a medical condition.
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That caused him
to kill his wife.
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00:03:00,255 --> 00:03:02,848
If he is convicted of murder,
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He would be spending
the rest of his life
in prison.
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00:03:24,038 --> 00:03:25,662
Mike: I'm accused of
murdering my wife.
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00:03:27,766 --> 00:03:29,433
And like I said,
it's really hard
to say that
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Because it just doesn't
even feel like
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When I say that
that I'm talking about myself.
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Michael: From day one,
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Blake and I
have defended our dad.
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Because of the fact
that he was very ill
at the time.
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In leading up to that.
52
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And so hearing that
a murder charge
53
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Is being placed against my dad,
54
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Is just surreal and...
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Heartbreaking and...
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Didn't make sense.
It didn't add up
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To the person that we knew
my dad to be.
58
00:04:03,577 --> 00:04:04,818
Blake: I lost my mom.
59
00:04:04,912 --> 00:04:07,487
So I'm a victim here,
but I'm supporting my dad
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'cause I know
it's the right thing to do,
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00:04:09,491 --> 00:04:11,750
And I know my mom would
not want our dad in prison.
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Mike:
I'm fighting for my boys,
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And they want me to,
so that makes me feel like
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There's no other option for me.
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This is a box
that annie made for me
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To keep all my pictures in.
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So...
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I put them all in here.
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This is a picture from 1984.
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One of the first pictures
I probably had with annie.
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We met at a dance club
in portland.
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I remember when I left
and I just hugged her.
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And...
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It was just that feeling,
like, you know,
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You're the one
kind of thing.
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This is our
wedding photograph,
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And I just
remember being
nervous that day.
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00:05:03,137 --> 00:05:04,861
I'd like to toast,
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00:05:04,880 --> 00:05:07,556
Um, to michael
my best friend
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And I look forward...
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00:05:09,959 --> 00:05:11,535
Look forward
to growing old with you.
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-All: Aww.
-(clapping)
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00:05:15,131 --> 00:05:17,131
Mike:
When michael was born,
84
00:05:17,225 --> 00:05:19,133
I remember the feeling
of driving away
from the hospital,
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00:05:19,227 --> 00:05:21,302
When you drive up
and said, well,
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It's never
going to be the same again.
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This is blake.
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When he was born...
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We both loved being parents
at that age.
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Hi. I am with my sons.
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(kisses)
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Mike: She was
a great mother.
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She gave it her all.
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It was definitely
a happy place.
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(babbling)
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Mike:
This photo was taken
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00:05:49,516 --> 00:05:51,767
The day before
annie had her first surgery.
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She was diagnosed
with stage 4 rectal cancer.
99
00:06:00,602 --> 00:06:04,363
The doctors told her
she had a 15-20%
chance of surviving that
100
00:06:05,199 --> 00:06:07,366
And that was in 2011.
101
00:06:09,611 --> 00:06:11,277
It was definitely
a sad time,
102
00:06:11,372 --> 00:06:14,021
But it was the time I remember
being kind of on adrenaline
103
00:06:14,041 --> 00:06:18,377
Because I was
the primary parent
at that point,
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00:06:18,604 --> 00:06:21,546
Probably for
the next ten years,
and...
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I just remember doing
what had to happen
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From day to day.
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It wasn't really
a choice
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And lots of doctor
appointments
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And chemotherapy
and radiation and...
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Trying to raise two boys.
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So...
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This picture is a sad photo.
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It was in October of 2018
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And annie's cancer
that had started in 2010
came back.
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They did another scan
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And found that she had
cancer in her lung.
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At that time...
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(exhales)
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It's really hard to look at.
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The first time was
just all adrenaline,
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00:07:04,591 --> 00:07:07,092
But the second time,
it was just so defeating
122
00:07:07,243 --> 00:07:10,095
Knowing that there was
nothing that could be done.
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And... Well, it wasn't that long
after we found out
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That her cancer was terminal
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And that she really only had
a few months to live
at that point.
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Mike winchester
is coming in today.
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I want to make sure
that he understands
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The charges
that are against him,
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As well as
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Getting a more granular
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Understanding of
every moment
that he can remember
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That led up to annie's death.
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One of the things
you should be aware of
is that
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You're charged
in a single count indictment
135
00:08:00,964 --> 00:08:02,439
And it's
a single count
of murder.
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00:08:04,467 --> 00:08:05,875
Murder is life
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00:08:05,894 --> 00:08:08,445
With the possibility
of parole after 25 years.
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Mike: I was
feeling very weak.
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I wasn't sleeping.
140
00:08:21,168 --> 00:08:22,742
I wasn't eating.
141
00:08:22,836 --> 00:08:26,079
And when I would
close my eyes,
I would see bright lights.
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00:08:26,173 --> 00:08:28,732
Like if your tv
was doing static
like shh...
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00:08:28,825 --> 00:08:30,083
That's... I would
close my eyes.
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That's what I would see,
and it would never go away.
145
00:08:31,586 --> 00:08:33,011
There was like
this noise in my head.
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00:08:33,162 --> 00:08:35,905
That didn't really change
during that time period.
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00:08:35,924 --> 00:08:38,408
And then, I was sitting at home
148
00:08:38,426 --> 00:08:40,577
And I just thought to myself,
I can't do this anymore.
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00:08:40,670 --> 00:08:43,096
There was...
My brain started thinking,
150
00:08:43,248 --> 00:08:45,673
Or when I say my brain,
I was thinking,
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00:08:45,692 --> 00:08:47,083
I can't do this anymore,
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00:08:47,102 --> 00:08:49,361
And I felt like I didn't
want to live anymore.
153
00:08:51,757 --> 00:08:53,439
That was where...
I don't know what happened.
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00:08:53,592 --> 00:08:55,108
But something happened there
155
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In the sense that
I couldn't stop obsessing
about suicide.
156
00:08:59,431 --> 00:09:04,042
And I got a rope,
and I got a utility blade.
157
00:09:04,193 --> 00:09:08,104
And then I started thinking,
I can't leave annie by herself.
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00:09:08,123 --> 00:09:11,841
That's the first time I thought
about anything with annie,
at that point.
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00:09:14,462 --> 00:09:16,780
Um, then I walked
down the hallway
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00:09:16,873 --> 00:09:19,540
And I thought,
I'm going to come from...
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00:09:19,634 --> 00:09:21,184
I'm just going to strangle her,
which is what I did.
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00:09:25,290 --> 00:09:26,314
After that,
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I went and got the rope,
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Hung it over the railing
and I let go.
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00:09:33,056 --> 00:09:36,816
And the second that I felt
the rope take hold,
166
00:09:36,968 --> 00:09:40,561
It severed
and I hit the ground
and I felt this thump
167
00:09:40,655 --> 00:09:42,655
And I hit my head
and my side.
168
00:09:42,749 --> 00:09:45,250
And I got up
and this rope
cinched around my neck
169
00:09:45,401 --> 00:09:46,376
And it's really tight.
I'm holding it.
170
00:09:48,980 --> 00:09:51,739
And I started cutting the rope,
and when I did,
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00:09:51,758 --> 00:09:53,817
I cut my...
I nicked myself.
172
00:09:53,910 --> 00:09:56,152
And then I'm thinking,
I've got to do something.
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00:09:56,171 --> 00:09:59,097
So then I started
cutting my neck.
Cutting my neck...
174
00:09:59,324 --> 00:10:00,673
That didn't do it.
And then I started cutting
175
00:10:00,826 --> 00:10:02,892
My wrists, and blood
spurting everywhere.
176
00:10:04,512 --> 00:10:05,937
I got light-headed
and passed out.
177
00:10:08,108 --> 00:10:11,334
I woke up and, I don't know,
it's probably a few hours later,
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00:10:11,427 --> 00:10:13,519
I heard a sound
and I don't know what it was.
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00:10:13,614 --> 00:10:14,446
It sounded like...
180
00:10:15,340 --> 00:10:16,114
(exhales)
181
00:10:17,600 --> 00:10:20,118
And I thought, oh my god,
is she alive?
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00:10:20,345 --> 00:10:22,269
And at that point,
I walked up with a knife
183
00:10:22,289 --> 00:10:24,122
And she was
lying face down.
184
00:10:24,273 --> 00:10:26,958
And I came in behind,
and I just started cutting.
185
00:10:27,110 --> 00:10:30,019
-Cutting her neck.
-Yeah, but I think
I almost more protruded it in
186
00:10:30,113 --> 00:10:31,855
Because it was like
I poked it in
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00:10:31,873 --> 00:10:32,881
-Instead of slashing.
-Okay.
188
00:10:34,635 --> 00:10:35,592
And...
189
00:10:38,213 --> 00:10:39,638
You know,
factually speaking,
190
00:10:39,789 --> 00:10:41,881
There's of course,
no way to dispute
191
00:10:41,975 --> 00:10:46,144
The fact that you physically
caused the death, right? Um...
192
00:10:48,556 --> 00:10:52,041
So there are
possible defenses
193
00:10:52,060 --> 00:10:54,878
That you would have
in your case, okay?
194
00:10:54,896 --> 00:10:57,471
Now, my plan is
195
00:10:57,565 --> 00:11:03,161
That you were under the law
insane at the time
of the incident.
196
00:11:03,388 --> 00:11:09,501
Okay? But this concept
of insanity, in general,
197
00:11:09,728 --> 00:11:13,254
Is hard for a jury to wrap
its head around. Okay?
198
00:11:25,852 --> 00:11:28,019
It's a hurdle because insanity
199
00:11:28,246 --> 00:11:30,671
For many people
means something
200
00:11:30,765 --> 00:11:33,766
That it does not
legally mean.
201
00:11:33,860 --> 00:11:37,937
You don't have to be
wearing a tinfoil hat,
202
00:11:38,089 --> 00:11:41,199
Bugs crawling on my body
kind of insane.
203
00:11:41,350 --> 00:11:43,092
That is not
the legal requirement,
204
00:11:43,186 --> 00:11:44,327
But that's what
most people think of.
205
00:11:46,781 --> 00:11:49,290
So I need
to convince the jury...
206
00:11:51,044 --> 00:11:53,786
That mike winchester
207
00:11:53,939 --> 00:11:57,382
Could not appreciate
in any normal sense,
208
00:11:58,460 --> 00:12:00,777
What he was doing.
209
00:12:00,795 --> 00:12:04,389
And that he was legally insane
at the time of the homicide.
210
00:12:21,891 --> 00:12:23,241
When mike winchester
211
00:12:23,468 --> 00:12:26,060
Started to get sick
and goes into the hospital,
212
00:12:26,154 --> 00:12:27,245
Was hospitalized
for four days.
213
00:12:29,324 --> 00:12:33,810
There was obviously
some sort of infection going on
214
00:12:33,903 --> 00:12:39,090
Because his
white blood cell count
went from four to 15.
215
00:12:41,319 --> 00:12:44,745
The hospital said,
it probably is meningitis,
216
00:12:44,765 --> 00:12:46,264
But you seem to be
getting better.
217
00:12:48,101 --> 00:12:49,851
So we're gonna send you home.
218
00:12:52,664 --> 00:12:53,772
Hi.
219
00:12:55,942 --> 00:12:57,258
I'm not speaking.
220
00:12:57,277 --> 00:12:58,926
(laughs)
221
00:12:58,945 --> 00:13:00,761
My baby's home.
222
00:13:00,855 --> 00:13:02,113
He's such a warrior.
223
00:13:03,508 --> 00:13:04,449
Really happy to have him back.
224
00:13:05,176 --> 00:13:07,510
Okay.
225
00:13:07,529 --> 00:13:10,288
Benjamin: This
occurred one month
before the homicide.
226
00:13:16,704 --> 00:13:18,296
(phone ringing)
227
00:13:20,950 --> 00:13:21,800
Richard (on phone):
Hello, ben.
228
00:13:22,027 --> 00:13:23,468
Benjamin:
Hi, richard. How are you?
229
00:13:23,619 --> 00:13:24,719
Richard: I'm okay.
230
00:13:31,719 --> 00:13:33,812
Benjamin: You're aware
from looking at
the medical records
231
00:13:33,963 --> 00:13:37,982
That there was a diagnosis
of likely viral meningitis.
232
00:13:38,893 --> 00:13:40,151
(richard speaking)
233
00:13:44,991 --> 00:13:46,658
Okay. All right.
234
00:13:46,885 --> 00:13:49,994
In terms of
a medical expert opinion
235
00:13:50,221 --> 00:13:53,147
As to what mike was
suffering at the time,
236
00:13:53,241 --> 00:13:54,982
What is your diagnosis?
237
00:13:55,076 --> 00:13:56,668
(richard speaking)
238
00:14:06,513 --> 00:14:08,680
Benjamin: Can you comment
on the psychiatric disorders
239
00:14:08,831 --> 00:14:10,515
Associated with
encephalitis?
240
00:14:11,500 --> 00:14:13,184
(richard speaking)
241
00:14:15,021 --> 00:14:16,020
Benjamin: Mm-hmm.
242
00:14:17,190 --> 00:14:19,582
(richard speaking)
243
00:14:19,601 --> 00:14:21,025
Benjamin: Mm-hmm.
244
00:14:21,177 --> 00:14:22,360
(richard speaking)
245
00:14:24,589 --> 00:14:27,681
Alteration of impulse control.
246
00:14:27,701 --> 00:14:29,425
Benjamin: And would it be
fair to say
247
00:14:29,444 --> 00:14:32,686
That mike's extreme
violent behavior,
the suicide attempt,
248
00:14:32,706 --> 00:14:34,855
Is that all consistent
with someone
249
00:14:34,875 --> 00:14:37,691
Who has had
an acute encephalitis?
250
00:14:37,785 --> 00:14:39,043
(richard speaking)
251
00:14:53,134 --> 00:14:56,786
At the time,
I didn't have the ability
to really understand
252
00:14:56,879 --> 00:14:59,731
I didn't know why it happened,
but now I know why it happened.
253
00:15:02,402 --> 00:15:05,645
I was physically altered
at the time,
254
00:15:05,739 --> 00:15:08,814
And I just want that
to come out and...
255
00:15:08,967 --> 00:15:12,468
And explaining it is hard
because that...
256
00:15:12,487 --> 00:15:14,228
What happened,
what I did and for, you know,
257
00:15:14,247 --> 00:15:16,063
The horrible things
that happened,
258
00:15:16,082 --> 00:15:17,974
Which are horrible,
and that's the part
that I have to live with.
259
00:15:18,067 --> 00:15:20,067
I can't get away
from what happened.
260
00:15:20,086 --> 00:15:21,753
And I wish I could say
I can't remember it.
261
00:15:21,980 --> 00:15:22,754
But I do.
262
00:15:26,259 --> 00:15:27,667
I loved annie,
263
00:15:27,819 --> 00:15:30,002
And that's
what was reflected
264
00:15:30,155 --> 00:15:32,096
During the whole time
that I was married,
265
00:15:32,323 --> 00:15:33,914
During the whole time
she had cancer
266
00:15:33,934 --> 00:15:35,508
And suffered from
the effects of it,
267
00:15:35,660 --> 00:15:37,602
And I was always there for her,
and I know she knows that.
268
00:15:39,755 --> 00:15:42,607
There's no logic
to what I did.
269
00:15:42,758 --> 00:15:47,336
I know that what happened to me
was nothing to do with me
270
00:15:47,355 --> 00:15:49,364
Other than the medical condition
that affected me.
271
00:15:51,342 --> 00:15:53,368
And it's just whether a jury
can wrap their mind around it.
272
00:16:14,307 --> 00:16:17,049
Benjamin: What is
your opinion about
mike's mental state
273
00:16:17,202 --> 00:16:19,978
At the time
of the homicide?
274
00:16:20,129 --> 00:16:24,148
His brain was so devastated
by the encephalitis that...
275
00:16:26,152 --> 00:16:30,396
Manifested in
a very detrimental way
276
00:16:30,490 --> 00:16:34,141
With these symptoms
that were out of his control.
277
00:16:34,235 --> 00:16:37,829
He was so severely affected
by the suicidal depression
278
00:16:37,980 --> 00:16:39,831
And the neurological
impairment
279
00:16:39,982 --> 00:16:44,985
In combination with
the cognitive deficits,
like easily confused,
280
00:16:45,079 --> 00:16:48,564
And he can't think of
various other options
available to him.
281
00:16:48,583 --> 00:16:53,660
It was this internal need
to complete this act.
282
00:16:53,755 --> 00:16:56,906
He was just obsessed with
this idea of ending his life,
283
00:16:56,924 --> 00:16:59,075
And that was
the only option available.
284
00:16:59,093 --> 00:17:02,411
So in this case,
my opinion is that
he does meet the criteria
285
00:17:02,505 --> 00:17:04,671
For guilty except
insane, right?
286
00:17:04,766 --> 00:17:06,582
He's not a perpetrator.
287
00:17:06,601 --> 00:17:08,526
He's a victim of
this medical condition.
288
00:17:09,512 --> 00:17:10,695
So, I don't see him
289
00:17:12,032 --> 00:17:14,423
Being culpable
in the same way
290
00:17:14,442 --> 00:17:18,202
The average thinking person is
in a murder case.
291
00:17:20,040 --> 00:17:23,432
No, I mean, the more I think
that we can describe that
292
00:17:23,451 --> 00:17:25,451
In those kind of words,
293
00:17:25,545 --> 00:17:30,289
And describe
guilty except insane
in that one path,
294
00:17:30,383 --> 00:17:35,136
Then I think a jury
is more likely
to understand that.
295
00:17:38,466 --> 00:17:40,308
We're not asking to
excuse his conduct.
296
00:17:41,452 --> 00:17:43,302
We're saying he did it.
297
00:17:43,454 --> 00:17:45,563
You're guilty.
Except you were insane
at the time.
298
00:17:47,400 --> 00:17:51,294
If mike is found guilty,
except for insane,
299
00:17:51,387 --> 00:17:55,981
He will be committed
to the oregon state hospital
for review.
300
00:17:56,134 --> 00:17:59,077
My hope would be that mike
would be released
pretty much that day.
301
00:18:13,259 --> 00:18:15,093
(woman speaking)
302
00:18:18,990 --> 00:18:23,684
It's a mental health evaluation
relating to the charges
of my case: Murder.
303
00:18:24,996 --> 00:18:26,020
Woman: Hmm.
304
00:18:32,261 --> 00:18:33,519
I couldn't even look at her.
305
00:18:33,671 --> 00:18:34,946
I knew what I was
going to do
306
00:18:35,173 --> 00:18:36,447
And she was kind of
turned from me,
307
00:18:36,674 --> 00:18:38,533
And I just started
strangling her.
308
00:18:40,178 --> 00:18:43,788
And I wasn't looking
in her eyes, and I...
309
00:18:43,939 --> 00:18:46,624
Kept doing it.
It would seem like
it went on forever.
310
00:18:53,691 --> 00:18:55,358
Benjamin: So,
right out saying,
311
00:18:55,376 --> 00:18:57,718
The fact that you couldn't look
into her eyes.
312
00:18:58,805 --> 00:19:01,455
Means you knew
it was wrong.
313
00:19:01,474 --> 00:19:02,956
Megan: Mm-hmm.
314
00:19:02,976 --> 00:19:05,125
If I looked into her eyes,
I might not have done it.
315
00:19:05,145 --> 00:19:06,552
Megan: Right.
316
00:19:06,646 --> 00:19:08,462
And then, she says,
this suggests his capacity
317
00:19:08,481 --> 00:19:09,630
To appreciate
the wrongfulness
318
00:19:09,724 --> 00:19:11,874
Of the conduct
remained intact.
319
00:19:11,893 --> 00:19:16,154
I would point out, you know,
there's a difference between...
320
00:19:16,381 --> 00:19:18,305
Maybe he understood
on some level
321
00:19:18,399 --> 00:19:19,732
It was wrong or he felt bad
322
00:19:19,884 --> 00:19:21,308
That he was putting her
through some pain.
323
00:19:21,327 --> 00:19:23,310
Benjamin: Uh-uh.
324
00:19:23,329 --> 00:19:24,996
But that's different than
knowing you're engaging
in a criminal act.
325
00:19:26,332 --> 00:19:27,832
(woman speaking)
326
00:19:29,911 --> 00:19:30,835
I would say no because...
327
00:19:33,339 --> 00:19:34,672
But I know it is now.
328
00:19:37,235 --> 00:19:39,084
I don't know that.
Well, let me think about this.
329
00:19:39,237 --> 00:19:40,094
I don't know that...
330
00:19:43,424 --> 00:19:46,184
At that time,
I wasn't thinking
about right or wrong.
331
00:19:46,411 --> 00:19:49,002
I was just thinking
about the situation.
332
00:19:49,022 --> 00:19:51,247
I mean, would I think
it would be against the law?
333
00:19:51,265 --> 00:19:53,082
Probably, yeah. Probably.
334
00:19:53,175 --> 00:19:54,692
But it wouldn't have been
something that I was
thinking about.
335
00:19:57,104 --> 00:19:59,197
That's as close
as he gets to saying,
336
00:20:00,925 --> 00:20:02,591
Yeah, I knew it was
against the law.
337
00:20:02,610 --> 00:20:06,853
But again, it's like probably
if I had been thinking about it,
338
00:20:06,873 --> 00:20:10,023
In that context,
which he clearly wasn't.
339
00:20:10,043 --> 00:20:11,934
Benjamin:
My concern is this.
340
00:20:12,027 --> 00:20:15,104
The person lacks
substantial capacity
341
00:20:15,122 --> 00:20:17,440
To appreciate the criminality.
Right?
342
00:20:17,533 --> 00:20:21,868
I think I'm worried
that the answer to that
is going to be,
343
00:20:21,963 --> 00:20:24,947
He may not have
thought about it
at the time, right,
344
00:20:24,966 --> 00:20:27,391
But he could have.
He had the ability
to do that.
345
00:20:49,582 --> 00:20:51,490
Benjamin: So the note
that he wrote says,
346
00:20:51,584 --> 00:20:52,750
"so sorry, boys.
347
00:20:54,645 --> 00:20:55,920
None of this is fair.
348
00:20:57,832 --> 00:21:01,092
I could not bear
to watch mom suffer anymore.
349
00:21:03,170 --> 00:21:04,262
I am a failure.
350
00:21:07,008 --> 00:21:10,268
I could see no way for me
to move forward and live
351
00:21:12,497 --> 00:21:14,772
And no ability to get out
of this despair."
352
00:21:18,927 --> 00:21:20,861
What part of this says,
"I know it's wrong
to kill annie."
353
00:21:23,341 --> 00:21:29,011
I think this note
supports opinion,
354
00:21:29,030 --> 00:21:31,938
That he is just hyper-focused
on suicide, right?
355
00:21:31,958 --> 00:21:34,274
-Ross: Mm-hmm.
-I mean, he killed his wife.
356
00:21:34,294 --> 00:21:37,870
But that part
is like very little.
357
00:21:38,022 --> 00:21:41,114
I mean, this note
isn't about sorry,
you know, about mom.
358
00:21:41,134 --> 00:21:42,374
Ross: No,
I think you're right.
359
00:21:42,468 --> 00:21:45,528
I think it shows
that he regrets the suffering.
360
00:21:45,621 --> 00:21:47,696
A necessary choice
is going to... Yeah.
361
00:21:47,715 --> 00:21:49,198
Yeah. I mean, if anything,
362
00:21:49,216 --> 00:21:51,475
Like if you were to
summarize this note is,
363
00:21:52,478 --> 00:21:54,537
I'm sorry,
I'm such a loser.
364
00:21:54,555 --> 00:21:56,314
A failure.
365
00:21:56,465 --> 00:21:58,465
-I couldn't figure out.
-Yeah.
366
00:21:58,484 --> 00:21:59,892
I couldn't figure out
any other way.
367
00:21:59,986 --> 00:22:01,544
That's right.
368
00:22:01,562 --> 00:22:04,322
So, how does that
establish any kind of,
369
00:22:04,473 --> 00:22:06,157
Like appreciation
of wrongfulness?
370
00:22:08,828 --> 00:22:12,813
The issue for a jury
to understand is that,
371
00:22:12,832 --> 00:22:16,058
"wow, if a guy could write
a note like this,
he probably was sane.
372
00:22:16,077 --> 00:22:17,835
But I think we get
every expert to say,
373
00:22:18,062 --> 00:22:20,171
"no, you can be
completely insane
374
00:22:20,398 --> 00:22:22,064
"and still be able to
write a note."
375
00:22:22,083 --> 00:22:26,761
And I think
that these kind of skills
are the last to go.
376
00:22:37,523 --> 00:22:38,689
There you go.
377
00:22:38,841 --> 00:22:39,607
-Thank you.
-Oh.
378
00:22:43,011 --> 00:22:46,030
At this point,
now that we're so close
to the trial,
379
00:22:46,924 --> 00:22:48,273
Practically every day,
380
00:22:48,368 --> 00:22:51,260
Sometimes even by the hour,
just comes with
381
00:22:51,278 --> 00:22:53,929
A different emotion
and mindset
382
00:22:53,948 --> 00:22:56,290
And different things
that I'm having to confront.
383
00:22:58,119 --> 00:23:00,694
So, especially today
on thanksgiving,
384
00:23:00,788 --> 00:23:04,030
Where at the time,
where I want to be
super thankful,
385
00:23:04,050 --> 00:23:07,868
For the time
we're all spending. Um...
386
00:23:07,887 --> 00:23:11,447
It's just hard to ignore
this charge of murder
pressed against him.
387
00:23:11,465 --> 00:23:12,631
Thank you.
388
00:23:12,783 --> 00:23:14,040
I'm happy that we're all here.
389
00:23:14,135 --> 00:23:16,227
Michael: I love you guys a lot.
390
00:23:16,454 --> 00:23:18,954
You did
a magnificent job,
michael.
391
00:23:19,047 --> 00:23:20,973
Blake: I want
this nightmare to end,
but I don't want...
392
00:23:21,125 --> 00:23:22,716
I don't want my dad to go away,
393
00:23:22,810 --> 00:23:24,476
But it could be a reality,
394
00:23:24,629 --> 00:23:26,153
And that's
the scariest thing
about it.
395
00:23:29,057 --> 00:23:31,634
Michael: It's important that
I win my case because...
396
00:23:31,652 --> 00:23:33,226
I want to be with my boys.
397
00:23:33,320 --> 00:23:34,728
The boys are
everything to me.
398
00:23:34,747 --> 00:23:36,580
They've always been
everything to me.
399
00:23:36,732 --> 00:23:38,657
You know, I hate that my kids
have to go through this.
400
00:23:38,751 --> 00:23:41,310
It's the one thing
that just kills me
as a father,
401
00:23:41,328 --> 00:23:43,236
Knowing that I am supposed
to be here,
402
00:23:43,330 --> 00:23:46,340
And I want to provide them
that safety net that I can't do.
403
00:23:48,928 --> 00:23:50,836
You know, I'm hoping
for the best,
404
00:23:50,988 --> 00:23:53,079
But I'm also
realistic that...
405
00:23:53,174 --> 00:23:56,600
That I'm not
going to be around
likely for some time.
406
00:24:04,593 --> 00:24:06,669
As mom would say,
very handsome.
407
00:24:06,687 --> 00:24:09,262
The trial,
it's now here.
408
00:24:09,356 --> 00:24:11,690
It's been...
It was a month ago,
and then it's going to be
409
00:24:11,784 --> 00:24:15,194
A week from trial,
and now it's actually here.
410
00:24:15,288 --> 00:24:18,122
I've tried to
put out of my mind
what happened,
411
00:24:18,349 --> 00:24:21,292
And it's going to be
right in front of me again,
and it's going to be raw.
412
00:24:23,521 --> 00:24:25,688
It's like I want to scream,
but I can't
413
00:24:25,781 --> 00:24:26,947
And I just
have to sit there
414
00:24:26,966 --> 00:24:28,524
And have everyone
look at me and say
415
00:24:28,542 --> 00:24:30,468
"he's a murderer.
He killed his wife."
416
00:24:44,208 --> 00:24:46,633
On January 30th, 2019,
you'll hear that
417
00:24:46,652 --> 00:24:49,803
Heidi anne winchester
was pronounced dead.
418
00:24:49,822 --> 00:24:50,988
She was 50 years old.
419
00:24:53,326 --> 00:24:56,218
She was down, face down
on the floor of her bedroom,
420
00:24:56,237 --> 00:24:59,071
In a pool of her own blood.
421
00:24:59,223 --> 00:25:02,166
A heavy duty box cutter knife
was found nearby her body.
422
00:25:04,486 --> 00:25:10,749
The cause of death in this case
was sharp force trauma
on her neck.
423
00:25:10,843 --> 00:25:14,069
I submit to you
that the evidence
in this case will show
424
00:25:14,088 --> 00:25:17,072
That michael winchester
intended to cause her death.
425
00:25:17,091 --> 00:25:19,925
He not only strangled her
as she was saying no to him,
426
00:25:20,077 --> 00:25:21,835
But then violently
slit her throat,
427
00:25:21,854 --> 00:25:23,687
Leaving her in a bloody pool
on the floor.
428
00:25:25,249 --> 00:25:26,690
He did not want her
to survive.
429
00:25:29,678 --> 00:25:30,861
Mr. Kim, at your convenience.
430
00:25:33,348 --> 00:25:35,824
Benjamin: This is
such a sad, sad case.
431
00:25:38,037 --> 00:25:42,164
And it's difficult
because it's such
a complicated case.
432
00:25:43,876 --> 00:25:45,209
What would cause
433
00:25:46,879 --> 00:25:51,840
A 53-year-old man
who has never been violent,
434
00:25:53,627 --> 00:25:55,219
Who has loved his family,
435
00:25:57,557 --> 00:26:01,116
Has never been in trouble
with the law,
436
00:26:01,209 --> 00:26:06,063
Has never had any instance
whatsoever that would raise
any alarm bells,
437
00:26:08,550 --> 00:26:10,401
What would
cause that person
438
00:26:12,572 --> 00:26:13,904
To be in this situation?
439
00:26:14,648 --> 00:26:15,739
It's complicated.
440
00:26:18,969 --> 00:26:23,747
We agree mike winchester
physically killed
annie winchester that day.
441
00:26:24,992 --> 00:26:27,326
We agree,
he strangled her.
442
00:26:27,478 --> 00:26:30,754
We agree,
he stabbed her neck.
443
00:26:31,816 --> 00:26:32,756
We agree.
444
00:26:35,577 --> 00:26:38,337
But life is not black and white.
445
00:26:38,431 --> 00:26:41,599
Life is complicated.
This case is complicated.
446
00:26:43,919 --> 00:26:47,938
And in this case,
I am going to beg you
to dig just a little deeper.
447
00:26:55,022 --> 00:26:58,115
When you went up
to the second floor,
what did you observe?
448
00:26:58,266 --> 00:27:00,692
I remember
a lot of blood, um,
449
00:27:00,845 --> 00:27:04,955
And a length of rope
hanging from a bannister.
450
00:27:06,684 --> 00:27:09,776
So from this vantage point,
I was able to see
451
00:27:09,795 --> 00:27:12,037
The puddle on the floor
inside the door,
452
00:27:12,189 --> 00:27:13,631
That appeared to me
to be blood.
453
00:27:16,360 --> 00:27:19,303
Can you explain
what we're looking at
in this photo?
454
00:27:19,454 --> 00:27:21,380
Tony: Substance that's coming
from under the door,
455
00:27:21,532 --> 00:27:22,806
That's coming from
mrs. Winchester,
456
00:27:25,460 --> 00:27:28,887
And the utility knife
there on the right
has blood on it.
457
00:27:29,039 --> 00:27:33,651
I believe that was
the tool that was used
on poor mrs. Winchester.
458
00:27:36,471 --> 00:27:39,564
Adrienne: And the next photo
that we'll be looking at
is fairly graphic.
459
00:27:39,659 --> 00:27:40,883
Tony: Yes, ma'am.
460
00:27:40,976 --> 00:27:42,901
Can you explain
what we're looking at?
461
00:27:43,053 --> 00:27:44,995
John: You're now
behind the door.
462
00:27:45,222 --> 00:27:47,498
You can see
that she is in, um...
463
00:27:47,725 --> 00:27:50,834
In a prone position
laying down on her abdomen.
464
00:27:51,061 --> 00:27:53,486
You can see, her arms are
up above her head
465
00:27:53,506 --> 00:27:55,414
As she is face down
on the floor.
466
00:27:55,508 --> 00:27:58,158
You can see quite a bit
of blood has pooled up
467
00:27:58,252 --> 00:28:00,344
Around in the upper torso area.
468
00:28:02,497 --> 00:28:04,664
That blood pool
that we talked about,
469
00:28:04,684 --> 00:28:06,591
That blood stain
that was coming out
from under the door,
470
00:28:06,744 --> 00:28:10,688
You can see,
it appears to be emanating
from her head,
471
00:28:13,675 --> 00:28:14,692
Bailiff: All rise
for the jury.
472
00:28:20,925 --> 00:28:22,591
Mike: I didn't look at
any of the photographs,
473
00:28:22,609 --> 00:28:23,992
Because I don't want to
remember annie that way.
474
00:28:25,946 --> 00:28:29,614
There is nothing I wouldn't do
to change any of what happened.
475
00:28:29,767 --> 00:28:33,043
But I know
that I wasn't healthy,
and that will come out.
476
00:28:36,623 --> 00:28:38,941
Benjamin: The state
went through a lot of photos.
477
00:28:38,959 --> 00:28:41,293
They're trying to
inflame passion.
478
00:28:41,445 --> 00:28:43,554
They're trying to show
a bloody scene
479
00:28:43,781 --> 00:28:46,390
That is so bad,
that no juror says,
480
00:28:46,617 --> 00:28:49,117
We can't let this go
no matter what.
481
00:28:49,136 --> 00:28:50,710
It was too awful.
482
00:28:50,804 --> 00:28:51,895
We can't let it go.
483
00:29:02,408 --> 00:29:03,907
Mike's life is...
484
00:29:06,394 --> 00:29:10,230
In my hands
and if I screw up,
485
00:29:10,324 --> 00:29:15,827
If I don't present
everything that I can
in the best way possible,
486
00:29:15,980 --> 00:29:18,589
Then mike and his family
pay the price.
487
00:29:33,998 --> 00:29:35,773
Benjamin: Had you ever
seen mr. Winchester
488
00:29:35,924 --> 00:29:37,608
Act violently
towards his wife?
489
00:29:37,835 --> 00:29:39,425
No.
490
00:29:39,445 --> 00:29:41,503
Have you ever seen him act
violently towards his children?
491
00:29:41,522 --> 00:29:43,505
Absolutely not.
492
00:29:43,524 --> 00:29:44,948
Benjamin: Have you ever
seen him act violently?
493
00:29:45,676 --> 00:29:47,509
Never.
494
00:29:47,528 --> 00:29:49,194
Benjamin: Have you ever
seen him expressing
anything to you
495
00:29:49,346 --> 00:29:50,954
That would indicate
that he was suicidal?
496
00:29:51,682 --> 00:29:53,348
No, um...
497
00:29:53,367 --> 00:29:57,185
You know, mike was so devoted
to his wife and kids,
498
00:29:57,279 --> 00:30:00,631
That the idea that
he would commit suicide
was unfathomable to me.
499
00:30:04,878 --> 00:30:07,137
Benjamin: After your dad
got out of the hospital,
500
00:30:07,289 --> 00:30:11,141
If you could
kind of describe
what your dad was like.
501
00:30:11,293 --> 00:30:12,267
He was like a zombie.
502
00:30:14,038 --> 00:30:15,461
Blake: He was very quiet.
503
00:30:15,556 --> 00:30:19,650
I mean, just didn't seem like
there was any life in him.
504
00:30:19,877 --> 00:30:23,487
Benjamin: Was anything like
the dad you've previously known
for your 20 years?
505
00:30:23,714 --> 00:30:24,613
No.
506
00:30:28,977 --> 00:30:32,812
Benjamin: During your
interaction with mike,
over work matters,
507
00:30:32,832 --> 00:30:35,666
Do you remember anything
about the tone of his voice?
508
00:30:35,817 --> 00:30:39,503
It was almost like I didn't
recognize mike on the phone.
509
00:30:39,730 --> 00:30:42,655
Um, everything seemed
kind of flat.
510
00:30:42,749 --> 00:30:47,160
Not really logical,
not really responding
to me, just...
511
00:30:47,179 --> 00:30:50,180
He was always
so positive and solid
512
00:30:50,332 --> 00:30:52,832
And just level-headed.
513
00:30:52,926 --> 00:30:54,743
And he just
seemed very flat.
514
00:30:54,761 --> 00:30:56,502
Benjamin: All right, he...
He seemed like
a different person.
515
00:30:56,522 --> 00:30:57,688
-Definitely.
-Benjamin: Okay.
516
00:31:04,421 --> 00:31:08,365
It's really important
for a jury to understand
517
00:31:08,592 --> 00:31:10,942
That mike
was insane at the time.
518
00:31:11,036 --> 00:31:14,496
Legally insane because
of a form of encephalitis.
519
00:31:21,955 --> 00:31:24,106
Just by reading
the medical records,
520
00:31:24,199 --> 00:31:27,384
Had you formed
an opinion or suspected
521
00:31:27,535 --> 00:31:29,720
Whether or not
mr. Winchester had
an encephalitis?
522
00:31:31,056 --> 00:31:32,705
I wasn't sure.
523
00:31:32,725 --> 00:31:37,452
Yeah, the records were not
so clear as to what he had.
524
00:31:37,471 --> 00:31:43,049
However, after I examined him,
my conviction that he had
encephalitis solidified.
525
00:31:43,143 --> 00:31:46,219
Benjamin: Is your opinion that
a person with no evidence
526
00:31:46,238 --> 00:31:50,482
Of any kind of violent behavior,
no homicidal tendencies,
527
00:31:50,576 --> 00:31:54,136
Or homicidal behavior,
his family described him as
528
00:31:54,154 --> 00:31:57,489
As having
a personality change
529
00:31:57,583 --> 00:32:01,084
And that he ultimately
tries to kill himself
530
00:32:01,311 --> 00:32:03,812
By hanging,
cuts himself many times
531
00:32:03,905 --> 00:32:06,214
And kills his wife
of 30 years.
532
00:32:07,760 --> 00:32:10,652
Taking all that into account,
533
00:32:10,671 --> 00:32:13,321
Is your opinion the same
that that person
534
00:32:13,340 --> 00:32:16,324
Was likely suffering
from an encephalitis
535
00:32:16,343 --> 00:32:20,437
That caused a number
of psychological
and mental state symptoms?
536
00:32:20,664 --> 00:32:22,731
It could not be said
more vividly.
537
00:32:24,334 --> 00:32:25,275
Yes.
538
00:32:26,520 --> 00:32:27,945
(intense music playing)
539
00:32:38,106 --> 00:32:42,775
Benjamin: Was there any evidence
of functional impairment
of mr. Winchester
540
00:32:42,869 --> 00:32:47,447
Prior to December of 2018.
541
00:32:47,541 --> 00:32:48,873
Megan: Not at all.
542
00:32:49,026 --> 00:32:50,692
No, he was functioning
at a very high level.
543
00:32:50,711 --> 00:32:52,302
He was able to
go to work every day,
544
00:32:52,529 --> 00:32:54,304
Care for his sons,
care for his wife,
545
00:32:54,456 --> 00:32:58,049
Take her to her appointments
and then, he gets ill
546
00:32:58,202 --> 00:33:01,036
And that
pretty much stops.
547
00:33:01,054 --> 00:33:04,147
Benjamin: How unusual is it,
in your experience,
548
00:33:04,299 --> 00:33:09,377
Where you would have
an individual with no history
of mental health illness,
549
00:33:09,471 --> 00:33:14,324
And then all of a sudden,
have a mental illness
to this severity?
550
00:33:14,476 --> 00:33:17,068
Have you ever seen that
happen before?
551
00:33:17,221 --> 00:33:21,164
I have not. That's...
It's exceptionally rare.
552
00:33:21,316 --> 00:33:24,893
Benjamin: So what is your
opinion about mr. Winchester's
mental state
553
00:33:24,911 --> 00:33:26,670
When he caused
the death of his wife?
554
00:33:28,749 --> 00:33:33,159
Megan: Because of
that medical illness,
he could not step back
555
00:33:33,178 --> 00:33:35,570
And self-assess
what he was doing.
556
00:33:35,663 --> 00:33:38,406
He was just consumed by it.
557
00:33:38,425 --> 00:33:43,669
By his... This desire
to end her suffering
and then end his own.
558
00:33:43,689 --> 00:33:47,691
It far superseded
any ability to kind of
stand back and...
559
00:33:49,194 --> 00:33:52,696
Evaluate the wrongfulness
of his behavior,
560
00:33:52,847 --> 00:33:54,865
Or the criminality
of his conduct.
561
00:34:13,201 --> 00:34:16,720
Kimberly rideout.
R-I-d-e-o-u-t.
562
00:34:23,228 --> 00:34:27,564
During the course of your
discussion with mr. Winchester,
did he describe for you,
563
00:34:27,791 --> 00:34:31,126
The exact series of events
in his own words,
564
00:34:31,144 --> 00:34:34,462
About the method with which
he killed his wife?
565
00:34:34,481 --> 00:34:36,222
Kimberly: He did.
566
00:34:36,241 --> 00:34:38,300
Matthew: Did you observe
anything that speak
567
00:34:38,318 --> 00:34:41,486
To whether or not
he actually engaged in
goal-directed behavior
568
00:34:41,638 --> 00:34:44,915
Leading up to the killing
of annie winchester?
569
00:34:47,586 --> 00:34:50,328
In the suicide note
that he wrote
to his children,
570
00:34:50,480 --> 00:34:53,665
Um, he apologized
for the act.
571
00:34:53,759 --> 00:34:56,576
And so, when someone
apologizes for something,
572
00:34:56,670 --> 00:34:59,721
That connotes an understanding
of wrongfulness of the behavior.
573
00:35:01,266 --> 00:35:04,935
He also indicated that he
could not look at her
574
00:35:05,086 --> 00:35:07,604
In the eyes, while he was,
um, strangling her.
575
00:35:09,833 --> 00:35:11,182
Matthew: And how is that
significant to you?
576
00:35:11,276 --> 00:35:16,171
Um, to me, that's another
indication of the discomfort
577
00:35:16,264 --> 00:35:19,616
With an act that you know
is wrong while you're
engaging in it.
578
00:35:19,767 --> 00:35:21,785
And so, again, that, um...
579
00:35:22,012 --> 00:35:24,512
Shows an understanding
or an appreciation
580
00:35:24,606 --> 00:35:26,456
Um, that the act was wrong.
581
00:35:27,868 --> 00:35:30,352
Uh, thank you.
Nothing further.
582
00:35:30,370 --> 00:35:32,796
-Judge: Cross examination.
-Benjamin: Thank you.
583
00:35:33,023 --> 00:35:36,466
From your report and from
the direct examination,
584
00:35:36,693 --> 00:35:38,468
It sounded to me,
like you were saying
585
00:35:39,363 --> 00:35:42,046
That mr. Winchester
586
00:35:42,141 --> 00:35:47,960
Exhibited intentional
goal-directed behavior.
587
00:35:47,980 --> 00:35:52,649
In that, he wrote a note
and he indicated
that he couldn't
588
00:35:52,876 --> 00:35:56,878
Look into the eyes.
Of mrs. Winchester,
589
00:35:56,971 --> 00:35:59,656
Kimberly: I would say,
by intentional, I mean,
doing it on purpose.
590
00:35:59,807 --> 00:36:03,160
And then, by goal-directed,
I mean, in the service
of achieving a goal.
591
00:36:03,311 --> 00:36:04,569
A specific goal.
592
00:36:04,721 --> 00:36:06,571
-Benjamin: Okay,
so with intent?
-Right.
593
00:36:06,665 --> 00:36:07,497
Benjamin: Okay.
594
00:36:09,059 --> 00:36:11,242
And just as a...
As a basic question, right,
595
00:36:11,395 --> 00:36:13,895
That I probably
should have started with,
596
00:36:13,914 --> 00:36:16,840
Uh, people with severe
mental disorders
597
00:36:17,067 --> 00:36:19,158
Can act
with intentionality, right?
598
00:36:19,178 --> 00:36:20,585
Kimberly: Yes.
599
00:36:20,737 --> 00:36:23,013
Benjamin: People who are
guilty except insane,
600
00:36:24,758 --> 00:36:27,309
Can still act with
intentionality. Correct?
601
00:36:31,431 --> 00:36:32,747
Yes.
602
00:36:32,766 --> 00:36:34,340
Benjamin: Okay.
603
00:36:34,359 --> 00:36:35,358
I don't have
further questions.
604
00:36:39,923 --> 00:36:43,849
Benjamin: Ultimately,
if a jury wants to convict
mike of murder,
605
00:36:43,944 --> 00:36:47,537
There will be enough evidence
to convict him of murder.
606
00:36:47,689 --> 00:36:51,266
So, in many ways,
this is a case
that boils down
607
00:36:51,359 --> 00:36:53,284
To what do they
think about mike?
608
00:36:53,437 --> 00:36:55,270
And, you know,
what do they think
about the defense?
609
00:36:55,288 --> 00:36:57,939
Do they like the defense?
Do they like mike?
610
00:36:58,032 --> 00:37:01,609
Do they want to
let him go?
611
00:37:01,628 --> 00:37:04,054
Mike: Next week,
there will be a verdict
and whatever happens,
612
00:37:04,281 --> 00:37:05,555
You know,
I've got to be prepared
613
00:37:05,782 --> 00:37:07,724
That I can
be taken into custody.
614
00:37:07,951 --> 00:37:10,727
And you know,
that's very real
right now.
615
00:37:30,156 --> 00:37:32,991
Benjamin: Every
closing argument
I feel, is critical.
616
00:37:33,143 --> 00:37:35,401
I think the key point
for us is that,
617
00:37:35,420 --> 00:37:37,587
If mike did not have
a brain infection,
618
00:37:37,739 --> 00:37:40,674
If he didn't get sick,
we wouldn't be here.
619
00:37:44,912 --> 00:37:47,580
There is no question
that the defendant
620
00:37:47,599 --> 00:37:50,249
Intentionally caused
the death of his wife.
621
00:37:50,269 --> 00:37:52,102
He actually tried to
kill her multiple times.
622
00:37:54,347 --> 00:37:55,830
Ladies and gentlemen,
at the end of the day,
623
00:37:55,923 --> 00:38:01,111
This case is about
annie winchester.
624
00:38:01,262 --> 00:38:03,697
It's about a woman who,
even though her days
were numbered,
625
00:38:05,342 --> 00:38:07,534
She had hopes and dreams
and aspirations.
626
00:38:09,679 --> 00:38:12,030
Annie winchester
ended up dead on the floor,
627
00:38:12,124 --> 00:38:14,516
Face down in her bedroom
628
00:38:14,609 --> 00:38:16,459
With an enormous
gash wound to her neck,
629
00:38:16,611 --> 00:38:17,919
Having been strangled
by her partner.
630
00:38:19,947 --> 00:38:21,298
Is the defense really
suggesting to you
631
00:38:21,525 --> 00:38:23,541
That he did not
intend to kill her?
632
00:38:23,693 --> 00:38:25,802
That his conscious objective
was not to cause her death?
633
00:38:27,213 --> 00:38:30,048
There is no question
about his intent.
634
00:38:30,200 --> 00:38:32,124
Michael winchester
intentionally caused her death
635
00:38:32,218 --> 00:38:34,960
And that's been proven to you,
beyond reasonable doubt.
636
00:38:34,980 --> 00:38:37,205
So, we ask that you find
a verdict of guilty
637
00:38:37,298 --> 00:38:38,648
As to murder
in the second degree.
638
00:38:38,800 --> 00:38:39,733
Thank you.
639
00:38:47,326 --> 00:38:49,117
I think you all agree.
640
00:38:51,221 --> 00:38:56,833
That in this tragic case,
we would not be here
641
00:38:56,984 --> 00:39:02,505
If mike winchester didn't get
a brain illness
in December of 2018.
642
00:39:05,660 --> 00:39:06,926
Mike winchester,
643
00:39:08,996 --> 00:39:12,740
The person that you've heard
three weeks about,
644
00:39:12,834 --> 00:39:16,335
Is that person
thinking rationally?
645
00:39:16,355 --> 00:39:21,674
Is that person thinking
with the same
cognitive ability
646
00:39:21,693 --> 00:39:24,085
That the state is suggesting?
647
00:39:24,104 --> 00:39:27,346
Or is his cognitive
ability so distorted
648
00:39:27,440 --> 00:39:33,352
That he cannot make
these decisions in any
reasonable manner?
649
00:39:33,372 --> 00:39:36,931
The only thing that makes sense
is that he was insane
at the time.
650
00:39:36,950 --> 00:39:38,166
That is the only thing.
651
00:39:40,194 --> 00:39:43,605
And if you agree
with the defense,
652
00:39:43,698 --> 00:39:48,134
I would suggest to you
that mr. Winchester
was guilty except for insanity.
653
00:39:50,037 --> 00:39:51,012
Thank you.
654
00:40:06,405 --> 00:40:08,888
(dramatic music playing)
655
00:40:08,982 --> 00:40:10,131
Benjamin: We have a verdict.
656
00:40:10,224 --> 00:40:11,557
-Michael: Oh, jeez.
-Benjamin: Yeah.
657
00:40:11,576 --> 00:40:14,819
Um, we have an hour
to get there. So, 10:30.
658
00:40:14,913 --> 00:40:16,204
-No problem.
-Okay.
659
00:40:17,474 --> 00:40:18,564
This doesn't feel
real right now.
660
00:40:18,658 --> 00:40:19,582
I know, just...
661
00:40:21,327 --> 00:40:23,645
Look at me.
Look at me.
662
00:40:23,738 --> 00:40:25,839
It's gonna be okay.
It's gonna be okay, blake.
It's gonna be okay.
663
00:40:33,432 --> 00:40:35,339
Woman: All rise.
664
00:40:35,434 --> 00:40:37,434
Judge: Good morning, everyone.
665
00:40:37,661 --> 00:40:39,510
Thank you.
We are on the record
in the matter of
666
00:40:39,604 --> 00:40:43,756
State versus winchester,
outside the presence
of the jury.
667
00:40:43,850 --> 00:40:46,109
Counsel, I understand
the jury has a verdict.
Are we ready?
668
00:40:47,279 --> 00:40:48,236
Man: Yes, your honor.
669
00:40:49,448 --> 00:40:50,780
Woman: All rise for the jury.
670
00:40:53,618 --> 00:40:55,076
Jury member:
Thank you, everyone,
please be seated.
671
00:41:01,108 --> 00:41:02,700
Judge: Has the jury
reached a verdict?
672
00:41:02,852 --> 00:41:03,626
Woman: Yes.
673
00:41:05,371 --> 00:41:06,629
Man: Winchester please rise.
674
00:41:08,616 --> 00:41:10,525
Jury member: We, the jury,
being duly impaneled
675
00:41:10,618 --> 00:41:12,618
And sworn
in the above entitled matter,
676
00:41:12,712 --> 00:41:14,545
Do hereby find
the defendant
677
00:41:14,698 --> 00:41:17,807
Was michael winchester
guilty except for insanity
678
00:41:18,034 --> 00:41:20,810
At the time he caused the death
of heidi anne winchester?
679
00:41:23,540 --> 00:41:24,872
Answer, yes.
680
00:41:24,966 --> 00:41:26,274
-(crowd claps)
-on the third page.
681
00:41:28,228 --> 00:41:30,653
On the third page
check only one box.
682
00:41:30,880 --> 00:41:34,065
The box, manslaughter,
guilty except for insanity
683
00:41:34,217 --> 00:41:37,068
Is checked
signed by the preceding juror.
684
00:41:37,220 --> 00:41:39,245
-(sobbing)
-will either party
like to pull t he jurors?
685
00:41:43,243 --> 00:41:45,126
(blake sobbing)
686
00:41:58,258 --> 00:42:00,742
(sobbing)
687
00:42:00,760 --> 00:42:03,261
Mike: I'm just so happy.
I mean, I don't have to...
688
00:42:03,413 --> 00:42:04,771
I can walk out of here
with my boys.
689
00:42:06,358 --> 00:42:09,417
I'm just... I'm just really...
690
00:42:09,435 --> 00:42:11,611
I'm glad, but I'm just
so much more relieved.
691
00:42:14,199 --> 00:42:16,849
Mike: We've got the best
possible outcome that
could have happened.
692
00:42:16,868 --> 00:42:19,944
I get to be with my family
and the people that love me.
693
00:42:20,096 --> 00:42:22,372
Blake: Justice was served.
I'm in shock.
694
00:42:22,523 --> 00:42:24,782
But I'm so happy
this nightmare is over.
695
00:42:24,934 --> 00:42:26,167
Michael jr: Ah, this is
the best case scenario.
696
00:42:27,620 --> 00:42:29,295
So grateful for everybody.
(sniffles)
697
00:42:31,791 --> 00:42:32,674
Wow!
698
00:42:34,127 --> 00:42:35,534
Hey, team winchester, right?
699
00:42:35,554 --> 00:42:36,553
Come on.