1
00:00:25,442 --> 00:00:28,487
He must've put it there. Who else?
2
00:00:30,030 --> 00:00:32,073
You think Rusty put it there?
3
00:00:32,073 --> 00:00:34,117
Well, who else would be desperate enough?
4
00:00:37,579 --> 00:00:40,040
Are you okay, Tommy?
5
00:00:46,463 --> 00:00:47,506
No.
6
00:00:49,716 --> 00:00:52,219
She's freaking out,
but I'm gonna take her upstairs.
7
00:01:32,718 --> 00:01:33,719
Hey, what's up?
8
00:01:36,555 --> 00:01:37,848
What?
9
00:01:39,683 --> 00:01:41,435
It's been to the lab, tested?
10
00:01:41,435 --> 00:01:44,146
Yeah. No DNA or fingerprints.
Looks like it's been scrubbed.
11
00:01:44,938 --> 00:01:48,442
And how do we know that
this is actually Carolyn's fire poker?
12
00:01:48,442 --> 00:01:50,444
We don't. Perhaps you do.
13
00:01:51,612 --> 00:01:53,405
- Fuck you.
- And then there's this.
14
00:01:53,405 --> 00:01:54,823
This proves nothing, Tommy.
15
00:01:54,823 --> 00:01:58,577
It's probative of someone trying
to intimidate me or incriminate me.
16
00:01:58,577 --> 00:02:01,705
Somebody's contempt for me.
17
00:02:01,705 --> 00:02:03,207
It's evidence of someone's desperation.
18
00:02:03,207 --> 00:02:04,833
Are you saying you wanna introduce it?
19
00:02:04,833 --> 00:02:09,420
How can I? There's no chain of custody,
it doesn't exculpate,
20
00:02:09,420 --> 00:02:12,925
it can only be authenticated
as being "a" fire poker, not "the."
21
00:02:12,925 --> 00:02:15,469
Well, what about the housekeeper?
Can she identify it?
22
00:02:15,469 --> 00:02:17,638
Well, we brought her in.
She says it looks the same,
23
00:02:17,638 --> 00:02:20,057
it's from the same set,
but that's all she can confirm.
24
00:02:20,057 --> 00:02:22,267
And you said
your place was fully processed?
25
00:02:22,267 --> 00:02:25,145
Yeah. No DNA or prints. It's meticulous.
26
00:02:25,145 --> 00:02:26,230
Forced entry?
27
00:02:26,230 --> 00:02:29,024
No, I leave the side door open.
I have a cat.
28
00:02:29,024 --> 00:02:30,442
Sometimes if I'm working late,
29
00:02:30,442 --> 00:02:32,236
I have the neighbor come over
and check on her.
30
00:02:32,236 --> 00:02:33,612
You have a cat?
31
00:02:34,321 --> 00:02:36,365
- Yeah.
- All right. Let me think.
32
00:02:39,159 --> 00:02:42,496
I'm happy to call it off. Again.
Declare a mistrial.
33
00:02:46,959 --> 00:02:48,210
Anybody have a thought?
34
00:02:51,922 --> 00:02:54,925
The prosecution is fine to proceed.
35
00:02:54,925 --> 00:02:58,095
We just think the jury should
be kept abreast of the situation.
36
00:02:58,095 --> 00:03:01,598
We can let them know that
it should not be considered as evidence.
37
00:03:01,598 --> 00:03:03,016
What about Caldwell?
38
00:03:03,016 --> 00:03:06,061
Why would Caldwell want to frame Tommy?
39
00:03:06,061 --> 00:03:09,147
- Because you pissed him off--
- To get you off the hot seat.
40
00:03:09,147 --> 00:03:11,733
Your Honor, I'm going to need
a moment with my client. Thank you.
41
00:03:11,733 --> 00:03:13,986
- Thank you, Your Honor.
- It's a stupid question. Sure.
42
00:03:13,986 --> 00:03:16,029
Did you question him? That's all I ask.
43
00:03:17,322 --> 00:03:20,075
Rusty, calm down. Rusty--
44
00:03:20,617 --> 00:03:21,910
It's just--
45
00:03:21,910 --> 00:03:23,662
Calm down.
46
00:03:23,662 --> 00:03:27,666
We do not want this in,
not so much as even mentioned.
47
00:03:28,375 --> 00:03:30,085
With or without instructions.
48
00:03:30,085 --> 00:03:31,795
But it could plant some doubt.
49
00:03:32,588 --> 00:03:35,799
Why would Tommy come forward with this
if he wasn't being truthful?
50
00:03:35,799 --> 00:03:41,096
It's not like him being in possession
of the poker exactly helps his case.
51
00:03:41,096 --> 00:03:44,641
And with a note, "Go fuck yourself"?
This feels like a plant.
52
00:03:44,641 --> 00:03:47,436
When was the last time
you as a prosecutor said,
53
00:03:47,436 --> 00:03:50,731
"Hey, I found the murder weapon
in my kitchen."
54
00:03:50,731 --> 00:03:52,232
Yeah, I agree. This doesn't help.
55
00:03:52,232 --> 00:03:56,069
Plus which, if we wanna maintain
Liam Reynolds as a possibility,
56
00:03:56,069 --> 00:03:58,447
- this skews that narrative. You would--
- Okay, so now y--
57
00:03:58,447 --> 00:04:00,073
now you want to maintain Liam Reynolds?
58
00:04:00,073 --> 00:04:02,868
- He would have no motive to frame Tommy.
- We should at least question Caldwell.
59
00:04:02,868 --> 00:04:04,912
- Why would he target Molto?
- I would--
60
00:04:05,412 --> 00:04:08,123
Who knows? Who cares?
61
00:04:08,624 --> 00:04:10,417
It's not about the truth.
62
00:04:10,417 --> 00:04:13,212
It's just about
establishing reasonable doubt.
63
00:04:14,213 --> 00:04:15,339
Listen to me.
64
00:04:16,089 --> 00:04:21,303
If this jury thinks that it was planted--
which they probably will--
65
00:04:21,303 --> 00:04:25,140
they're not gonna think Caldwell,
they're gonna think you.
66
00:04:31,605 --> 00:04:34,274
So they plan on making no mention
of it whatsoever?
67
00:04:34,942 --> 00:04:38,487
I mean, it's not admissible evidence,
you know, which may be just as well.
68
00:04:39,071 --> 00:04:41,532
Could look bad for me,
since I would have motive.
69
00:04:41,532 --> 00:04:43,992
But what if it leaks to the media?
70
00:04:45,410 --> 00:04:48,830
I mean, you know,
if it's beneficial to the prosecution,
71
00:04:48,830 --> 00:04:50,624
then why wouldn't Tommy leak it?
72
00:04:51,208 --> 00:04:53,168
Look, if it gets out,
we're probably back to a mistrial,
73
00:04:53,168 --> 00:04:55,587
which I don't think he wants, you know.
I mean, he thinks he's winning.
74
00:04:55,587 --> 00:04:58,465
And you're saying they don't even know
if it's the actual poker.
75
00:04:59,675 --> 00:05:00,884
It is.
76
00:05:00,884 --> 00:05:06,181
There's, like, a chip in the handle.
I recognized it.
77
00:05:07,516 --> 00:05:09,309
- Did you tell them that?
- No.
78
00:05:10,018 --> 00:05:12,187
I actually used it there once
to make a fire.
79
00:05:12,187 --> 00:05:14,398
Thank God my prints weren't on it.
80
00:05:17,860 --> 00:05:19,444
- Hey.
- Hey.
81
00:05:21,822 --> 00:05:22,698
What's wrong?
82
00:05:22,698 --> 00:05:25,075
Can you take this out? I'll be right out.
83
00:05:25,075 --> 00:05:26,159
Yeah.
84
00:05:33,917 --> 00:05:36,670
If a person ate and died,
say, within 20 minutes,
85
00:05:36,670 --> 00:05:38,881
most of the food would still be
in their stomach.
86
00:05:38,881 --> 00:05:42,801
Some could move to the duodenum,
the gateway to the lower intestine.
87
00:05:42,801 --> 00:05:47,097
And was there any food
in Carolyn Polhemus's stomach
88
00:05:47,097 --> 00:05:49,183
- when she died?
- There was not.
89
00:05:49,183 --> 00:05:51,935
And how long does it take
for the human stomach to empty?
90
00:05:51,935 --> 00:05:55,606
For fluids and semifluids,
they leave the stomach rather quickly,
91
00:05:55,606 --> 00:05:59,276
under two hours.
For proteins and fats, about 2.5 hours.
92
00:05:59,276 --> 00:06:00,819
Rice and beans, about three.
93
00:06:03,989 --> 00:06:07,451
The receipt, stamped 8:27 p.m.,
94
00:06:07,451 --> 00:06:11,663
shows the kung pao chicken
and crab rangoon
95
00:06:11,663 --> 00:06:16,585
was delivered to Ms. Polhemus's address
at 8:55 p.m.
96
00:06:16,585 --> 00:06:18,921
- Yes.
- And at time of death,
97
00:06:18,921 --> 00:06:22,633
- her stomach was completely empty?
- It was.
98
00:06:23,842 --> 00:06:27,930
And yet Dr. Kumagai found that
she died around 10 p.m.
99
00:06:27,930 --> 00:06:32,267
He's wrong. I would put the time of death
between 1 a.m. and 3 a.m.
100
00:06:32,267 --> 00:06:35,395
How could he have missed by that much?
101
00:06:35,395 --> 00:06:37,481
No idea. For her stomach to be empty,
102
00:06:37,481 --> 00:06:40,108
it would need to be
at least four hours after she ate.
103
00:06:54,248 --> 00:06:56,500
What if she never consumed the rangoon?
104
00:06:58,627 --> 00:07:00,170
She ordered it, it arrived.
105
00:07:00,838 --> 00:07:03,715
Well, can you rule out that someone else
didn't arrive at around the same time
106
00:07:03,715 --> 00:07:05,509
and kill her
before she had an opportunity to eat?
107
00:07:05,509 --> 00:07:08,136
There was a half-filled container
of Chinese food in the kitchen, so...
108
00:07:08,136 --> 00:07:10,973
Did you find any evidence
of Chinese food in her duodenum?
109
00:07:10,973 --> 00:07:13,100
There was evidence of some food
in her duodenum.
110
00:07:13,100 --> 00:07:14,643
Could it have been her lunch?
111
00:07:14,643 --> 00:07:16,270
I suppose anything is possible.
112
00:07:16,270 --> 00:07:20,816
Can you state to a medical certainty
that the victim consumed Chinese food?
113
00:07:21,942 --> 00:07:23,277
No.
114
00:07:23,277 --> 00:07:24,361
Thank you.
115
00:07:27,281 --> 00:07:28,699
So, just to be clear,
116
00:07:30,576 --> 00:07:35,956
you work exclusively now
as an expert witness for defense teams?
117
00:07:37,875 --> 00:07:40,294
You're given a report,
you give an opinion,
118
00:07:40,294 --> 00:07:43,463
and after that, defense lawyers decide
whether to engage you or not,
119
00:07:43,463 --> 00:07:46,800
and should you not give
a pro-defense opinion,
120
00:07:46,800 --> 00:07:48,802
- you don't get hired?
- I am a professional.
121
00:07:48,802 --> 00:07:51,388
You are a professional defense witness
who only gets paid
122
00:07:51,388 --> 00:07:52,931
if you give pro-defense opinions,
123
00:07:52,931 --> 00:07:56,852
and your opinion today goes to
a time of death based off stomach contents
124
00:07:56,852 --> 00:08:00,522
which your opinion assumes
the victim ate Chinese food at 10 p.m.
125
00:08:00,522 --> 00:08:06,320
But you can't state to a medical certainty
or even likelihood that she did.
126
00:08:06,945 --> 00:08:09,239
I have that right? Thank you.
127
00:08:12,618 --> 00:08:14,953
Okay. Let's assume
that we were successful today
128
00:08:14,953 --> 00:08:17,664
in getting the jury to believe,
or at least consider,
129
00:08:17,664 --> 00:08:20,834
that Carolyn was murdered at midnight,
or sometime after.
130
00:08:20,834 --> 00:08:25,005
We need to establish that you were home
at that time. Can we do that?
131
00:08:25,005 --> 00:08:27,841
I can do that. I can vouch for him.
132
00:08:34,181 --> 00:08:35,265
We cannot call her.
133
00:08:36,390 --> 00:08:37,601
Why not?
134
00:08:39,852 --> 00:08:43,941
Because you're biased,
and because you offer an easy opportunity
135
00:08:43,941 --> 00:08:46,276
for them to repaint your husband
in a negative light.
136
00:08:46,860 --> 00:08:48,028
"Isn't it true, Mrs. Sabich,
137
00:08:48,028 --> 00:08:50,531
that you didn't know
that he was sleeping with the victim?"
138
00:08:50,531 --> 00:08:51,990
"Isn't it true, Mrs. Sabich,
139
00:08:51,990 --> 00:08:55,118
that even after he said
the affair was over, it started up again?"
140
00:08:55,118 --> 00:08:58,080
"Isn't it true that he failed
to share with you
141
00:08:58,080 --> 00:09:00,457
that he was there
the night she was murdered?
142
00:09:00,457 --> 00:09:01,750
That he got her pregnant?"
143
00:09:01,750 --> 00:09:04,545
"Did you have an open relationship,
Mrs. Sabich?"
144
00:09:04,545 --> 00:09:06,505
"Does he know everything about you?"
145
00:09:07,297 --> 00:09:08,715
"We all have secrets.
146
00:09:08,715 --> 00:09:11,927
Does he know about Clifton,
friendly neighborhood bartender?"
147
00:09:13,011 --> 00:09:14,096
What the fuck?
148
00:09:16,723 --> 00:09:17,850
Have you been following me?
149
00:09:17,850 --> 00:09:22,563
We sometimes hire private investigators
on the theory that the truth can help us.
150
00:09:23,981 --> 00:09:25,065
Sometimes it does.
151
00:09:29,903 --> 00:09:30,904
We rest.
152
00:09:32,030 --> 00:09:33,991
We have reasonable doubt. Why risk it?
153
00:09:34,700 --> 00:09:35,784
I think I agree.
154
00:09:36,702 --> 00:09:37,703
And I'll close.
155
00:09:39,955 --> 00:09:41,081
Oh, no.
156
00:09:42,374 --> 00:09:44,710
No. On that, I take issue.
157
00:09:44,710 --> 00:09:47,379
- It's my life. I will close.
- Rusty,
158
00:09:47,379 --> 00:09:50,841
you have absolutely no credibility
with that jury.
159
00:09:50,841 --> 00:09:53,427
Why would they believe
a word that you have to say at this point?
160
00:09:53,427 --> 00:09:55,053
I mean, Jesus Christ.
161
00:09:55,053 --> 00:09:57,264
In Maine, where I'm from,
if you went out to feed pigs,
162
00:09:57,264 --> 00:09:59,641
you'd have to get somebody else
to call them. Jesus Christ.
163
00:09:59,641 --> 00:10:04,771
I will close. And let me just say this.
Doubt from a jury, that works for me.
164
00:10:04,771 --> 00:10:08,317
But doubt from my lawyers,
that doesn't work.
165
00:10:08,317 --> 00:10:11,153
And from my best friend,
that doesn't work either.
166
00:10:23,999 --> 00:10:25,292
You should withdraw.
167
00:10:25,292 --> 00:10:26,793
That's not possible.
168
00:10:28,795 --> 00:10:32,216
Of course it's possible.
If he refuses to follow your counsel...
169
00:10:32,216 --> 00:10:34,760
Judge Lyttle would never let me out
at this point.
170
00:10:34,760 --> 00:10:37,137
It would be deemed prejudicial.
171
00:10:41,892 --> 00:10:42,976
He's not well.
172
00:10:45,562 --> 00:10:50,067
Well or not, innocent or not,
he'll be ready.
173
00:10:53,487 --> 00:10:56,990
Honey, this trial
already almost killed you once.
174
00:11:01,912 --> 00:11:04,164
After this, I retire. I promise.
175
00:11:04,164 --> 00:11:08,585
I'll go for walks, mow the lawn,
I'll drink ice tea with you,
176
00:11:08,585 --> 00:11:13,048
I will go full Thornton Wilder
and embrace the ordinary...
177
00:11:15,634 --> 00:11:19,054
but we are a long way from that right now.
178
00:11:25,018 --> 00:11:28,689
There's no physical, or forensic
or testimonial evidence.
179
00:11:30,440 --> 00:11:31,775
Nico Della Guardia--
180
00:11:31,775 --> 00:11:33,443
And there's also Liam Reynolds...
181
00:11:36,071 --> 00:11:40,242
Caldwell, other uninvestigated...
182
00:11:40,242 --> 00:11:43,287
...me from the beginning...
183
00:11:43,287 --> 00:11:45,914
...victim. Well, so did I.
184
00:11:47,165 --> 00:11:48,333
It's exactly what--
185
00:11:48,333 --> 00:11:53,213
Never in my 15 years of being a prosecutor
for this great city would I ever, ever...
186
00:11:53,213 --> 00:11:55,299
...mistrial, and he told you
that he had feelings for the victim.
187
00:11:55,299 --> 00:11:59,636
Well, so did I. I loved her very much.
188
00:11:59,636 --> 00:12:03,765
I miss her very much,
and I wanna know who did this,
189
00:12:03,765 --> 00:12:06,101
like many people do. And I understand--
190
00:12:07,227 --> 00:12:08,145
Hey.
191
00:12:08,645 --> 00:12:09,646
Hey.
192
00:12:12,316 --> 00:12:14,109
I'm just practicing my closing.
193
00:12:16,195 --> 00:12:17,571
I can see that.
194
00:12:18,739 --> 00:12:19,990
Do you need any help?
195
00:12:21,867 --> 00:12:23,202
I took AP astronomy,
196
00:12:23,202 --> 00:12:25,829
so I could probably tell
if something's coming from another planet.
197
00:12:29,583 --> 00:12:30,667
Et tu, daughter?
198
00:12:33,629 --> 00:12:35,839
He was kind of mad in the end, you know.
199
00:12:37,549 --> 00:12:41,011
Well, you know,
getting stabbed by all your friends...
200
00:12:42,012 --> 00:12:43,514
Can get under a man's skin.
201
00:12:49,144 --> 00:12:50,354
Dad, for real?
202
00:12:52,314 --> 00:12:53,440
The summation?
203
00:12:57,528 --> 00:12:59,530
Your mom tell you to come in here?
204
00:13:09,581 --> 00:13:11,083
I'm my best chance, Jay.
205
00:13:31,436 --> 00:13:32,729
I've done this before.
206
00:13:35,357 --> 00:13:36,525
I got this.
207
00:13:40,487 --> 00:13:41,488
Okay.
208
00:13:46,743 --> 00:13:47,744
Okay.
209
00:14:31,455 --> 00:14:32,748
Just the elements.
210
00:14:33,790 --> 00:14:37,544
Don't be going off
on how Tommy's the real killer
211
00:14:37,544 --> 00:14:40,506
or Liam Reynolds, or the ex-husband.
212
00:14:49,473 --> 00:14:50,474
You hear me?
213
00:14:52,142 --> 00:14:53,143
Rusty?
214
00:14:54,728 --> 00:14:55,729
Yeah, I hear you.
215
00:15:48,991 --> 00:15:50,075
All right.
216
00:15:52,703 --> 00:15:54,329
We'll hear from the defense.
217
00:16:17,477 --> 00:16:22,232
My name, as you already know,
is Rusty Sabich.
218
00:16:24,818 --> 00:16:26,069
I am the accused.
219
00:16:28,155 --> 00:16:29,489
Accused of murder.
220
00:16:32,784 --> 00:16:34,912
The pain of having to say that
in this room...
221
00:16:37,289 --> 00:16:40,417
in front of my wife and my children...
222
00:16:48,091 --> 00:16:52,179
What the evidence did prove is
I betrayed my family,
223
00:16:53,222 --> 00:16:54,556
the people I love most.
224
00:16:56,725 --> 00:16:59,686
I will never be able to undo
the anguish that I caused my wife,
225
00:17:00,270 --> 00:17:04,983
and I will never most likely be able
to earn the respect back from my children.
226
00:17:07,694 --> 00:17:11,031
But what the evidence did not prove
is that I killed Carolyn Polhemus,
227
00:17:11,031 --> 00:17:12,991
because I did not kill her.
228
00:17:15,911 --> 00:17:18,914
I had an affair with Carolyn,
one that I kept secret.
229
00:17:19,414 --> 00:17:23,836
I got her pregnant, and that was something
I only learned after her passing.
230
00:17:24,877 --> 00:17:27,589
And I was there that night,
as I was on other nights,
231
00:17:27,589 --> 00:17:30,259
but that is all the evidence could
or did prove.
232
00:17:30,259 --> 00:17:33,428
There were no eyewitnesses,
there was no blood
233
00:17:33,428 --> 00:17:38,433
or forensic evidence on my person
and on my clothes, in my car, in my home.
234
00:17:40,769 --> 00:17:42,437
My fingerprints are in her apartment,
235
00:17:42,437 --> 00:17:45,399
because I was there that night
and on other nights,
236
00:17:45,399 --> 00:17:49,069
but that is all the evidence could prove.
237
00:17:49,987 --> 00:17:53,824
Now, Tommy Molto, he stood here
at the beginning of the trial,
238
00:17:54,449 --> 00:17:57,411
and he told you
that he had feelings for the victim.
239
00:17:57,995 --> 00:17:59,204
Well, so did I.
240
00:18:02,165 --> 00:18:05,085
I cared for her so much.
241
00:18:05,085 --> 00:18:08,922
I loved her so much.
242
00:18:08,922 --> 00:18:11,341
And I miss her so much.
243
00:18:12,634 --> 00:18:15,470
And I, like many people,
want to know who did this.
244
00:18:15,470 --> 00:18:17,723
I want to get who did this.
245
00:18:19,391 --> 00:18:22,144
As do the police, as does
the district attorney, Tommy Molto.
246
00:18:22,144 --> 00:18:25,397
So much so, that despite having certitude,
247
00:18:25,397 --> 00:18:28,108
he will settle for the next best thing,
namely me.
248
00:18:28,692 --> 00:18:30,152
And boy, do I fit the bill.
249
00:18:30,652 --> 00:18:35,240
Circumstances point to me.
I'll admit that.
250
00:18:36,909 --> 00:18:38,035
But not only me.
251
00:18:38,535 --> 00:18:42,206
There were other people
who had fixations on Carolyn.
252
00:18:42,206 --> 00:18:44,958
There is Michael Caldwell,
the victim's son,
253
00:18:44,958 --> 00:18:46,710
who was also there that night.
254
00:18:46,710 --> 00:18:49,671
Who was also very, very angry
at his mother.
255
00:18:49,671 --> 00:18:52,799
And who had access
to the Bunny Davis file.
256
00:18:53,634 --> 00:18:57,804
Now, his clothes, his person, his home
were never investigated.
257
00:18:57,804 --> 00:19:00,933
There was no warrant issued
for his father, Dalton Caldwell,
258
00:19:01,517 --> 00:19:03,268
who was very angry at the victim as well,
259
00:19:03,268 --> 00:19:05,729
and who could have possibly had access
to the Bunny Davis files.
260
00:19:05,729 --> 00:19:08,482
Now, is any of that evidence
to prove that Michael Caldwell
261
00:19:08,482 --> 00:19:10,484
or Dalton Caldwell
killed Carolyn Polhemus?
262
00:19:10,484 --> 00:19:13,237
Of course not,
but it certainly makes you wonder.
263
00:19:16,198 --> 00:19:17,824
Now, I'm on trial. I'm biased.
264
00:19:18,450 --> 00:19:21,245
But I will tell you that in the 15 years
that I have been a prosecutor
265
00:19:21,245 --> 00:19:22,955
for this great city, I will tell you,
266
00:19:22,955 --> 00:19:24,915
I would never
bring charges against someone
267
00:19:24,915 --> 00:19:27,459
without the burden of proof
being possibly satisfied,
268
00:19:27,459 --> 00:19:29,586
and that is exactly what
the prosecution has done here.
269
00:19:29,586 --> 00:19:31,797
They have charged me with a crime,
270
00:19:31,797 --> 00:19:35,050
and they have no evidence
that they can remotely prove.
271
00:19:35,050 --> 00:19:39,012
There is no physical, testimonial,
forensic evidence.
272
00:19:39,012 --> 00:19:40,430
There is no murder weapon.
273
00:19:40,430 --> 00:19:43,433
There are other
possible uninvestigated suspects.
274
00:19:43,433 --> 00:19:47,688
And let's add Liam Reynolds,
who threatened the victim on record.
275
00:19:48,188 --> 00:19:54,027
Also, there is no actual time of death.
So reasonable doubt exists in abundance.
276
00:19:54,695 --> 00:19:56,029
Which begs the question...
277
00:19:57,865 --> 00:20:00,325
why are we even here?
278
00:20:05,581 --> 00:20:08,876
In high-profile cases,
the burden on the prosecutors--
279
00:20:09,376 --> 00:20:13,422
who are politicians, by the way--
is to satisfy the public.
280
00:20:14,798 --> 00:20:17,968
They need to hold somebody accountable.
They need to find somebody accountable.
281
00:20:17,968 --> 00:20:21,054
Anybody. And in this case,
I am their best shot.
282
00:20:21,054 --> 00:20:23,682
I am Tommy Molto's best shot.
283
00:20:23,682 --> 00:20:25,934
And he has wanted to get me
from the beginning.
284
00:20:25,934 --> 00:20:29,438
His resentment, his contempt,
it has been on full display.
285
00:20:29,438 --> 00:20:31,064
He is on a mission.
286
00:20:42,451 --> 00:20:46,830
This case. It's not about Tommy Molto,
287
00:20:48,040 --> 00:20:51,585
it's not about me,
it's not even about Carolyn--
288
00:20:51,585 --> 00:20:56,215
at least not the application of justice--
it's about you.
289
00:20:56,215 --> 00:20:59,593
You took an oath. You swore to a duty,
290
00:20:59,593 --> 00:21:05,015
that to convict you must find proof
without a reasonable doubt.
291
00:21:12,189 --> 00:21:13,649
I accept your contempt.
292
00:21:19,029 --> 00:21:20,447
I deserve your contempt.
293
00:21:23,575 --> 00:21:26,495
As a husband...
294
00:21:31,834 --> 00:21:33,210
As a father...
295
00:21:37,422 --> 00:21:38,423
And as a man.
296
00:21:45,472 --> 00:21:48,392
But I did not kill Carolyn Polhemus,
297
00:21:49,726 --> 00:21:52,187
which is why
there is no evidence that I did.
298
00:21:56,191 --> 00:21:57,526
I am not honorable.
299
00:22:03,031 --> 00:22:05,993
But the irony is, I hope that you are.
300
00:22:09,997 --> 00:22:10,998
Thank you.
301
00:22:55,542 --> 00:22:57,920
The defendant spoke
of his love for the victim,
302
00:22:57,920 --> 00:23:00,672
but I think
what came out during the trial,
303
00:23:00,672 --> 00:23:04,510
and Mr. Sabich admitted to,
is it wasn't just love.
304
00:23:04,510 --> 00:23:06,428
It was an obsession.
305
00:23:07,179 --> 00:23:10,807
He said that he wanted to get the person
who did this.
306
00:23:10,807 --> 00:23:15,395
Well, as chief deputy prosecutor,
he had a unique opportunity to do so.
307
00:23:15,395 --> 00:23:17,356
In fact, he headed the investigation.
308
00:23:17,356 --> 00:23:20,275
Let me tell you, the first 48 hours
following any homicide
309
00:23:20,275 --> 00:23:21,985
are crucial to solving it.
310
00:23:21,985 --> 00:23:23,820
And what did he do
during that critical time?
311
00:23:23,820 --> 00:23:26,573
He withheld information, he obstructed,
312
00:23:26,573 --> 00:23:30,244
he told our lead detective to share
evidentiary materials with him alone.
313
00:23:30,244 --> 00:23:32,829
Specifically not with me.
314
00:23:33,830 --> 00:23:35,207
And he failed to disclose
315
00:23:35,207 --> 00:23:38,210
that he was embroiled
in a sexual relationship with the victim,
316
00:23:38,210 --> 00:23:40,754
that he was in the throes
of a volatile breakup,
317
00:23:40,754 --> 00:23:44,383
that he was at her house
the night that she was murdered.
318
00:23:44,383 --> 00:23:45,968
He sat on all of that.
319
00:23:45,968 --> 00:23:48,011
That's not the behavior
of an innocent man,
320
00:23:48,637 --> 00:23:52,015
certainly not one vested with
the responsibility of catching her killer.
321
00:23:52,516 --> 00:23:53,851
He lied.
322
00:23:55,519 --> 00:23:56,854
Concealed.
323
00:23:56,854 --> 00:24:00,190
And he sought to bribe and extort others
into giving false confessions.
324
00:24:00,190 --> 00:24:03,986
He physically attacked
our chief medical examiner,
325
00:24:04,486 --> 00:24:05,988
and he beat up a potential witness.
326
00:24:05,988 --> 00:24:11,368
That is not consistent with innocence,
nor is it consistent with non-violence,
327
00:24:11,869 --> 00:24:14,413
which the defendant
represented himself to be.
328
00:24:16,039 --> 00:24:18,542
Now, his own very good friend,
Eugenia Milk,
329
00:24:18,542 --> 00:24:21,712
said that he was acting outside himself
330
00:24:21,712 --> 00:24:24,840
in these days leading up to the murder,
losing himself to Carolyn.
331
00:24:24,840 --> 00:24:29,011
He sent 30 texts
on the day that she was murdered,
332
00:24:29,511 --> 00:24:33,307
including this one,
"Who the fuck do you think you are?"
333
00:24:33,891 --> 00:24:35,851
"Who the fuck do you think you are?"
334
00:24:35,851 --> 00:24:38,187
He was there, he was seen there,
335
00:24:38,187 --> 00:24:40,105
his DNA and fingerprints are there,
336
00:24:40,105 --> 00:24:41,815
and then he says to you
with a straight face,
337
00:24:41,815 --> 00:24:45,027
with this very charming face, right--
338
00:24:45,027 --> 00:24:48,113
He says to you,
"There's no real evidence."
339
00:24:49,573 --> 00:24:50,574
Really?
340
00:24:51,575 --> 00:24:55,412
Well, the defendant is a very,
very good liar.
341
00:24:56,496 --> 00:24:57,664
And a murderer.
342
00:24:58,248 --> 00:24:59,499
Look what was done to her.
343
00:25:00,667 --> 00:25:01,710
On the day he went there,
344
00:25:01,710 --> 00:25:03,921
on the day he texted her,
on the day she rejected him,
345
00:25:03,921 --> 00:25:07,341
and on the night
that he was last seen with her,
346
00:25:07,341 --> 00:25:08,425
look what was done.
347
00:25:09,760 --> 00:25:11,762
And he gets up here, and he says,
348
00:25:11,762 --> 00:25:15,891
"Hey, it could've been Liam Reynolds,
or it could've been her ex-husband."
349
00:25:15,891 --> 00:25:18,560
Or I think he alluded to
that it could've been me.
350
00:25:19,061 --> 00:25:21,063
It could've been me. Okay.
351
00:25:22,856 --> 00:25:27,528
That's all just
garden-variety desperation.
352
00:25:27,528 --> 00:25:28,487
It's normal.
353
00:25:28,487 --> 00:25:34,243
What is not normal is him alluding to
or accusing her son
354
00:25:35,244 --> 00:25:36,286
in all of this.
355
00:25:37,079 --> 00:25:38,580
It's diabolical.
356
00:25:38,580 --> 00:25:39,915
It's sociopathic.
357
00:25:39,915 --> 00:25:43,001
Look, the defendant,
as chief deputy prosecutor,
358
00:25:43,001 --> 00:25:47,256
had an opportunity to catch the person
who killed Carolyn Polhemus.
359
00:25:47,256 --> 00:25:48,590
And what did he do?
360
00:25:48,590 --> 00:25:49,633
He concealed.
361
00:25:49,633 --> 00:25:51,343
He obstructed.
362
00:25:51,343 --> 00:25:52,469
Why?
363
00:25:52,469 --> 00:25:56,682
Because he knew that
the killer wasn't out there somewhere.
364
00:25:56,682 --> 00:25:58,892
The killer was right here.
365
00:26:05,774 --> 00:26:11,280
There is an opportunity for justice
that is alive today, and it falls to you.
366
00:26:12,614 --> 00:26:13,615
All right?
367
00:26:13,615 --> 00:26:16,285
He's put my-- What did he call it?
368
00:26:16,285 --> 00:26:17,995
My contempt!
369
00:26:18,996 --> 00:26:22,374
My contempt, my demeanor at issue.
370
00:26:22,374 --> 00:26:24,877
Fine. He's begging you to look at me.
371
00:26:24,877 --> 00:26:27,546
Look at me. Take a good, hard look at me.
372
00:26:30,841 --> 00:26:31,842
But then...
373
00:26:34,511 --> 00:26:36,180
take a good, hard look at this man.
374
00:27:10,797 --> 00:27:12,299
This is the worst part.
375
00:27:13,383 --> 00:27:17,304
The waiting. Or second worst.
I guess losing would be even worse.
376
00:27:17,304 --> 00:27:18,388
I wouldn't know.
377
00:27:20,974 --> 00:27:23,477
Right. Because you're too special to lose.
378
00:27:23,477 --> 00:27:25,229
Well, that's what I assume.
379
00:27:30,150 --> 00:27:32,736
Seriously, what are we gonna make of it?
The wait.
380
00:27:33,320 --> 00:27:36,448
The longer the jury deliberates,
you know, the more it favors the defense.
381
00:28:07,396 --> 00:28:08,230
Hey.
382
00:28:11,024 --> 00:28:12,776
We might as well go home.
383
00:28:12,776 --> 00:28:14,653
You know, they could be out a while.
384
00:28:15,195 --> 00:28:18,073
Besides, I do worry about the cat.
385
00:28:20,534 --> 00:28:22,911
- You think that's funny?
- It's a joke, Tommy. Come on.
386
00:28:22,911 --> 00:28:24,329
- I'm just saying, it's like...
- I know.
387
00:28:24,329 --> 00:28:25,664
...waiting for a pot to boil here.
388
00:28:25,664 --> 00:28:27,875
Let's go get a drink or something.
389
00:28:27,875 --> 00:28:30,002
See, I think it was his insurance policy.
390
00:28:30,002 --> 00:28:31,253
Like, all along.
391
00:28:32,462 --> 00:28:33,505
- Huh?
- The poker?
392
00:28:34,006 --> 00:28:35,799
Okay-- If he loses,
393
00:28:35,799 --> 00:28:40,721
then he has something to exploit
for a new trial or-- Somehow.
394
00:28:41,305 --> 00:28:45,434
All right, yeah. You think
that Rusty left the poker in your house?
395
00:28:45,434 --> 00:28:48,103
God, what the fuck
did she ever see in him?
396
00:28:54,735 --> 00:28:56,904
Can I ask you a personal question?
397
00:29:01,825 --> 00:29:03,327
How much did you love her?
398
00:29:04,786 --> 00:29:05,787
Really.
399
00:29:07,456 --> 00:29:09,625
Guys, verdict.
400
00:31:01,069 --> 00:31:02,070
All right.
401
00:31:04,239 --> 00:31:05,949
Go ahead and stand, Mr. Sabich.
402
00:31:13,582 --> 00:31:15,667
Madam Clerk, if you'll read the verdict.
403
00:31:15,667 --> 00:31:16,919
Yes, Your Honor.
404
00:31:20,130 --> 00:31:23,926
"Superior Court of Illinois, Cook County,
in the matter of
405
00:31:23,926 --> 00:31:27,596
the People of the State of Illinois
v. Rozat K. Sabich,
406
00:31:27,596 --> 00:31:31,517
case number 6710098,
407
00:31:31,517 --> 00:31:36,355
we the jury in the above entitled action
find the defendant Rozat K. Sabich...
408
00:31:40,609 --> 00:31:43,153
not guilty of the crime of murder
409
00:31:43,153 --> 00:31:48,784
in violation
of penal code section 609.195,
410
00:31:49,368 --> 00:31:53,330
a felony, upon Carolyn Polhemus,
a human being,
411
00:31:53,330 --> 00:31:56,333
as charged in the count one
of the information."
412
00:33:04,151 --> 00:33:05,777
It almost doesn't feel real.
413
00:33:07,946 --> 00:33:09,239
It's over, right?
414
00:33:09,239 --> 00:33:12,075
They can't appeal or go for another trial?
415
00:33:12,659 --> 00:33:15,162
Yeah, prosecution won't appeal. It's over.
416
00:33:17,581 --> 00:33:20,209
But the sooner they hear from me,
the sooner they'll clear out.
417
00:33:32,262 --> 00:33:35,766
I mean, obviously
I'm gratified here by the verdict.
418
00:33:38,644 --> 00:33:39,937
Legal justice was done.
419
00:33:40,979 --> 00:33:42,898
As well as moral justice...
420
00:33:44,525 --> 00:33:46,985
in that I'm an innocent man,
and I did not commit this crime.
421
00:33:49,363 --> 00:33:51,657
But justice by no means is complete here.
422
00:33:51,657 --> 00:33:54,618
Justice has not been realized
for Carolyn Polhemus.
423
00:33:54,618 --> 00:33:57,663
Her killer is still out there,
and her murder is still unsolved.
424
00:33:58,163 --> 00:34:00,415
The justice system,
especially the prosecutor's office,
425
00:34:00,415 --> 00:34:02,000
has failed Carolyn Polhemus.
426
00:34:02,000 --> 00:34:03,961
She deserved better. Much better.
427
00:34:03,961 --> 00:34:05,963
And the reason that she didn't get better
428
00:34:05,963 --> 00:34:08,799
was because those entrusted
with serving justice were compromised
429
00:34:08,799 --> 00:34:11,552
by ambition, and I suspect emotion.
430
00:34:15,097 --> 00:34:16,098
Tommy Molto.
431
00:34:17,224 --> 00:34:19,351
He put the blinders on from day one.
432
00:34:19,351 --> 00:34:22,437
He lost the plot.
It was a ready, fire, aim process,
433
00:34:22,437 --> 00:34:25,858
and the district attorney's office,
they failed miserably here.
434
00:34:25,858 --> 00:34:28,277
They prioritized a vendetta
over the truth,
435
00:34:28,277 --> 00:34:30,487
and they most failed Carolyn Polhemus.
436
00:35:19,036 --> 00:35:23,790
Tommy, you tried a magnificent case.
437
00:35:24,291 --> 00:35:25,292
You did.
438
00:35:28,587 --> 00:35:32,716
We had a circumstantial set of facts,
and you tried your best.
439
00:35:33,884 --> 00:35:35,010
He beat me.
440
00:35:37,304 --> 00:35:38,555
I let her down.
441
00:35:39,932 --> 00:35:42,142
Her death will go unavenged
'cause I wasn't good enough.
442
00:35:42,684 --> 00:35:45,729
No. Tommy, listen.
443
00:35:47,147 --> 00:35:49,775
You need to move on, all right?
444
00:35:50,734 --> 00:35:52,528
This is Chicago.
445
00:35:52,528 --> 00:35:56,406
There are so many wonderfully
heinous people for you to go after.
446
00:35:56,406 --> 00:35:59,493
We need to move on and do our job,
all right?
447
00:35:59,993 --> 00:36:04,414
And personally,
you need to move on from Rusty Sabich.
448
00:36:06,083 --> 00:36:07,084
You do.
449
00:36:08,919 --> 00:36:11,672
There is work to be done.
Let's get on with it.
450
00:37:43,847 --> 00:37:46,934
I guess we can take that vacation now.
I see you're all packed.
451
00:37:54,274 --> 00:37:55,275
Yeah.
452
00:38:02,783 --> 00:38:04,493
It was Dr. Rush's advice...
453
00:38:09,873 --> 00:38:11,375
should there be a next time.
454
00:38:14,211 --> 00:38:15,462
A next time?
455
00:38:15,963 --> 00:38:17,172
Yeah.
456
00:38:23,220 --> 00:38:26,849
Should you ever again
impulsively strike to destroy this family.
457
00:38:30,018 --> 00:38:31,019
A next time?
458
00:38:43,115 --> 00:38:46,285
I actually knew from the beginning,
and then I didn't know.
459
00:38:48,787 --> 00:38:50,455
And then I knew again for sure.
460
00:38:51,832 --> 00:38:54,001
Rusty, I have no idea
what you're talking about.
461
00:38:54,960 --> 00:38:56,920
All that was going
through my head was just,
462
00:38:56,920 --> 00:38:59,756
"This was my doing. This was my fault.
This was my doing."
463
00:38:59,756 --> 00:39:03,677
And I had to do what I had to do
to protect my family, to protect you,
464
00:39:03,677 --> 00:39:04,761
so I did.
465
00:39:09,516 --> 00:39:10,392
No.
466
00:39:10,392 --> 00:39:14,980
But what didn't compute was that you just
seemed so utterly normal the next day.
467
00:39:16,064 --> 00:39:17,524
Just disaffected.
468
00:39:17,524 --> 00:39:20,319
I didn't know that you could kill somebody
and not even wobble.
469
00:39:28,660 --> 00:39:30,454
You think I killed Carolyn?
470
00:39:32,915 --> 00:39:37,920
No, it was somebody else,
but somebody in your body,
471
00:39:37,920 --> 00:39:40,964
like it was probably somebody else
in my body who tied her up.
472
00:39:44,009 --> 00:39:46,512
What do you mean you tied her up?
473
00:39:48,514 --> 00:39:49,640
To cover for you.
474
00:39:53,018 --> 00:39:54,019
What?
475
00:39:56,897 --> 00:39:58,607
I went back there that night.
476
00:40:01,860 --> 00:40:03,904
Oh, my God.
477
00:40:04,488 --> 00:40:06,156
Carolyn? Carolyn!
478
00:40:06,740 --> 00:40:08,075
No, no! Carolyn?
479
00:40:09,076 --> 00:40:10,077
What--
480
00:40:10,953 --> 00:40:13,247
And I first went for my phone to call 911
481
00:40:13,247 --> 00:40:15,374
in case, by some chance,
she was still alive,
482
00:40:15,374 --> 00:40:20,963
though clearly she... wasn't.
483
00:40:22,256 --> 00:40:24,716
Oh, fuck. Fuck!
484
00:40:25,509 --> 00:40:26,969
And then it hit me.
485
00:40:27,636 --> 00:40:30,097
There was only one person
who could've done this.
486
00:40:30,597 --> 00:40:34,726
So I didn't call 911,
to protect that one person,
487
00:40:35,602 --> 00:40:37,563
so that suspicion wouldn't fall to her.
488
00:40:42,192 --> 00:40:45,529
What about all that stuff with...
489
00:40:47,531 --> 00:40:48,615
Liam Reynolds?
490
00:40:50,868 --> 00:40:53,495
False confessions are easy
to extract. We do it all the time.
491
00:40:53,495 --> 00:40:56,665
We-- I offered him less jail,
which is usually enough.
492
00:40:57,165 --> 00:40:58,917
It was worth a shot.
493
00:41:02,087 --> 00:41:05,382
- Rusty, you're sick.
- But then I start to think,
494
00:41:05,382 --> 00:41:07,176
"You know, my God,
I must have this wrong."
495
00:41:07,176 --> 00:41:09,928
But then Jaden, she was telling me
about disassociation,
496
00:41:09,928 --> 00:41:12,222
how a person can be severed from the self,
497
00:41:12,222 --> 00:41:15,434
that they can compartmentalize off an act
from the person.
498
00:41:15,434 --> 00:41:18,020
And I just started to realize,
that's exactly what happened.
499
00:41:18,020 --> 00:41:21,440
You just snapped with Carolyn,
and then the next day,
500
00:41:21,440 --> 00:41:24,151
it became as if somebody else
had committed the act.
501
00:41:24,651 --> 00:41:26,069
You're insane.
502
00:41:29,448 --> 00:41:30,991
And you're wrong!
503
00:41:32,534 --> 00:41:34,203
I'm not wrong.
504
00:41:35,329 --> 00:41:37,998
After your thing with the bartender,
I tracked your car, B.
505
00:41:40,209 --> 00:41:41,460
What?
506
00:41:45,214 --> 00:41:48,342
I know that it was you who went to
Tommy Molto's house to plant that poker.
507
00:41:51,386 --> 00:41:54,431
I mean, I'm assuming
to ostensibly help me, but you went there.
508
00:41:58,560 --> 00:41:59,770
No, she didn't.
509
00:42:07,736 --> 00:42:08,737
I did.
510
00:42:10,364 --> 00:42:11,198
What?
511
00:42:12,658 --> 00:42:13,742
I--
512
00:42:15,369 --> 00:42:19,373
I thought you were going
to be convicted after your testimony.
513
00:42:20,499 --> 00:42:22,543
It was the only thing I could think to do.
514
00:42:23,752 --> 00:42:24,878
Wait.
515
00:42:25,879 --> 00:42:27,172
What--
516
00:42:27,172 --> 00:42:30,634
I drove there in Mom's car.
517
00:42:36,265 --> 00:42:37,266
What?
518
00:42:39,935 --> 00:42:41,854
I put the poker in his kitchen.
519
00:42:43,939 --> 00:42:46,233
Jay. Jay?
520
00:42:46,233 --> 00:42:48,318
No.
521
00:42:48,318 --> 00:42:50,153
How did you have the fire poker?
522
00:42:55,826 --> 00:42:57,786
I just went there to confront her, and...
523
00:43:01,164 --> 00:43:02,040
Hey.
524
00:43:03,959 --> 00:43:05,127
No.
525
00:43:13,010 --> 00:43:14,678
You sure you don't want any tea?
526
00:43:15,554 --> 00:43:16,597
No.
527
00:43:17,681 --> 00:43:20,517
...tell her to stay away from you.
528
00:43:22,311 --> 00:43:24,521
Stay away from our family.
529
00:43:32,446 --> 00:43:35,616
It's not me, it's your father.
530
00:43:36,533 --> 00:43:38,076
He won't leave me alone.
531
00:43:38,076 --> 00:43:39,161
That isn't true.
532
00:43:39,953 --> 00:43:43,957
You need to quit your job
and stay away from my family forever.
533
00:43:45,918 --> 00:43:47,377
Stay the fuck away.
534
00:43:50,047 --> 00:43:51,381
I will stay away from him.
535
00:43:53,175 --> 00:43:55,677
But our lives
are going to be intertwined a little.
536
00:43:56,970 --> 00:43:58,055
'Cause I'm pregnant...
537
00:44:00,057 --> 00:44:01,391
with his child.
538
00:44:35,634 --> 00:44:38,095
And then I was driving home,
539
00:44:38,095 --> 00:44:42,683
and I thought it was just a dream.
540
00:44:46,186 --> 00:44:47,187
And it wasn't.
541
00:44:48,564 --> 00:44:52,734
And when you guys went to breakfast,
I said I wasn't feeling well,
542
00:44:52,734 --> 00:44:54,695
and I cleaned the car,
543
00:44:56,321 --> 00:45:00,200
and I buried the poker.
544
00:45:22,556 --> 00:45:24,057
Okay, listen to me.
545
00:45:26,268 --> 00:45:28,020
We will never speak of this.
546
00:45:28,812 --> 00:45:30,522
Listen really carefully, Jay.
547
00:45:31,440 --> 00:45:33,358
This is something that came out of you
548
00:45:34,443 --> 00:45:36,195
in a form of self-defense...
549
00:45:38,155 --> 00:45:39,740
in defense of this family.
550
00:45:43,952 --> 00:45:47,331
And it was put into motion by me.
551
00:45:49,666 --> 00:45:51,043
This is my doing.
552
00:45:53,879 --> 00:45:57,674
We will survive as a family.
553
00:46:00,177 --> 00:46:01,178
Okay?
554
00:46:03,514 --> 00:46:05,015
We love each other.
555
00:46:19,988 --> 00:46:21,782
We're a family, and we love each other.
556
00:47:27,514 --> 00:47:28,515
Yeah!
557
00:47:29,558 --> 00:47:30,851
Yes!
558
00:47:43,197 --> 00:47:44,615
So perfect.
559
00:47:50,662 --> 00:47:51,830
Anyone want gravy?
560
00:47:53,207 --> 00:47:54,583
Thank you.