1 00:00:25,442 --> 00:00:28,487 He must've put it there. Who else? 2 00:00:30,030 --> 00:00:32,069 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 --> 00:01:41,431 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 --> 00:01:48,438 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 --> 00:01:53,401 - Fuck you. - And then there's this. 14 00:01:53,405 --> 00:01:54,819 This proves nothing, Tommy. 15 00:01:54,823 --> 00:01:58,573 It's probative of someone trying to intimidate me or incriminate me. 16 00:01:58,577 --> 00:02:01,701 Somebody's contempt for me. 17 00:02:01,705 --> 00:02:03,203 It's evidence of someone's desperation. 18 00:02:03,207 --> 00:02:04,829 Are you saying you wanna introduce it? 19 00:02:04,833 --> 00:02:09,416 How can I? There's no chain of custody, it doesn't exculpate, 20 00:02:09,420 --> 00:02:12,921 it can only be authenticated as being "a" fire poker, not "the." 21 00:02:12,925 --> 00:02:15,465 Well, what about the housekeeper? Can she identify it? 22 00:02:15,469 --> 00:02:17,634 Well, we brought her in. She says it looks the same, 23 00:02:17,638 --> 00:02:20,053 it's from the same set, but that's all she can confirm. 24 00:02:20,057 --> 00:02:22,263 And you said your place was fully processed? 25 00:02:22,267 --> 00:02:25,141 Yeah. No DNA or prints. It's meticulous. 26 00:02:25,145 --> 00:02:26,226 Forced entry? 27 00:02:26,230 --> 00:02:29,020 No, I leave the side door open. I have a cat. 28 00:02:29,024 --> 00:02:30,438 Sometimes if I'm working late, 29 00:02:30,442 --> 00:02:32,232 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 --> 00:02:54,921 The prosecution is fine to proceed. 35 00:02:54,925 --> 00:02:58,091 We just think the jury should be kept abreast of the situation. 36 00:02:58,095 --> 00:03:01,594 We can let them know that it should not be considered as evidence. 37 00:03:01,598 --> 00:03:03,012 What about Caldwell? 38 00:03:03,016 --> 00:03:06,057 Why would Caldwell want to frame Tommy? 39 00:03:06,061 --> 00:03:09,143 - Because you pissed him off... - To get you off the hot seat. 40 00:03:09,147 --> 00:03:11,729 Your Honor, I'm going to need a moment with my client. Thank you. 41 00:03:11,733 --> 00:03:13,982 - 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 --> 00:03:21,906 It's just... 45 00:03:21,910 --> 00:03:23,658 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 --> 00:03:30,081 With or without instructions. 48 00:03:30,085 --> 00:03:31,795 But it could plant some doubt. 49 00:03:32,588 --> 00:03:35,795 Why would Tommy come forward with this if he wasn't being truthful? 50 00:03:35,799 --> 00:03:41,092 It's not like him being in possession of the poker exactly helps his case. 51 00:03:41,096 --> 00:03:44,637 And with a note, "Go fuck yourself"? This feels like a plant. 52 00:03:44,641 --> 00:03:47,432 When was the last time you as a prosecutor said, 53 00:03:47,436 --> 00:03:50,727 "Hey, I found the murder weapon in my kitchen." 54 00:03:50,731 --> 00:03:52,228 Yeah, I agree. This doesn't help. 55 00:03:52,232 --> 00:03:56,065 Plus which, if we wanna maintain Liam Reynolds as a possibility, 56 00:03:56,069 --> 00:03:58,443 - this skews that narrative. You would... - Okay, so now y... 57 00:03:58,447 --> 00:04:00,069 now you want to maintain Liam Reynolds? 58 00:04:00,073 --> 00:04:02,864 - 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 --> 00:04:10,413 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 --> 00:04:21,299 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 --> 00:04:41,528 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 --> 00:04:48,826 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 --> 00:04:53,164 Look, if it gets out, we're probably back to a mistrial, 73 00:04:53,168 --> 00:04:55,583 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 --> 00:05:00,880 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 --> 00:05:12,183 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 --> 00:05:22,694 What's wrong? 82 00:05:22,698 --> 00:05:25,071 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 --> 00:05:36,666 If a person ate and died, say, within 20 minutes, 85 00:05:36,670 --> 00:05:38,877 most of the food would still be in their stomach. 86 00:05:38,881 --> 00:05:42,797 Some could move to the duodenum, the gateway to the lower intestine. 87 00:05:42,801 --> 00:05:47,093 And was there any food in Carolyn Polhemus's stomach 88 00:05:47,097 --> 00:05:49,179 - when she died? - There was not. 89 00:05:49,183 --> 00:05:51,931 And how long does it take for the human stomach to empty? 90 00:05:51,935 --> 00:05:55,602 For fluids and semi fluids, they leave the stomach rather quickly, 91 00:05:55,606 --> 00:05:59,272 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 --> 00:06:07,447 The receipt, stamped 8:27 p.m., 94 00:06:07,451 --> 00:06:11,659 shows the kung pao chicken and crab ran go on 95 00:06:11,663 --> 00:06:16,581 was delivered to Ms. Polhemus's address at 8:55 p.m. 96 00:06:16,585 --> 00:06:18,917 - 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 --> 00:06:27,926 And yet Dr. Kumagai found that she died around 10 p.m. 99 00:06:27,930 --> 00:06:32,263 He's wrong. I would put the time of death between 1 a.m. and 3 a.m. 100 00:06:32,267 --> 00:06:35,391 How could he have missed by that much? 101 00:06:35,395 --> 00:06:37,477 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 ran go on? 104 00:06:58,627 --> 00:07:00,170 She ordered it, it arrived. 105 00:07:00,838 --> 00:07:03,711 Well, can you rule out that someone else didn't arrive at around the same time 106 00:07:03,715 --> 00:07:05,505 and kill her before she had an opportunity to eat? 107 00:07:05,509 --> 00:07:08,132 There was a half-filled container of Chinese food in the kitchen, so... 108 00:07:08,136 --> 00:07:10,969 Did you find any evidence of Chinese food in her duodenum? 109 00:07:10,973 --> 00:07:13,096 There was evidence of some food in her duodenum. 110 00:07:13,100 --> 00:07:14,639 Could it have been her lunch? 111 00:07:14,643 --> 00:07:16,266 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 --> 00:07:23,273 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 --> 00:07:40,290 You're given a report, you give an opinion, 118 00:07:40,294 --> 00:07:43,459 and after that, defense lawyers decide whether to engage you or not, 119 00:07:43,463 --> 00:07:46,796 and should you not give a pro-defense opinion, 120 00:07:46,800 --> 00:07:48,798 - you don't get hired? - I am a professional. 121 00:07:48,802 --> 00:07:51,384 You are a professional defense witness who only gets paid 122 00:07:51,388 --> 00:07:52,927 if you give pro-defense opinions, 123 00:07:52,931 --> 00:07:56,848 and your opinion today goes to a time of death based off stomach contents 124 00:07:56,852 --> 00:08:00,518 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 --> 00:08:14,949 Okay. Let's assume that we were successful today 128 00:08:14,953 --> 00:08:17,660 in getting the jury to believe, or at least consider, 129 00:08:17,664 --> 00:08:20,830 that Carolyn was murdered at midnight, or sometime after. 130 00:08:20,834 --> 00:08:25,001 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 --> 00:08:43,937 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 --> 00:08:48,024 "Isn't it true, Mrs. Sabich, 137 00:08:48,028 --> 00:08:50,527 that you didn't know that he was sleeping with the victim?" 138 00:08:50,531 --> 00:08:51,986 "Isn't it true, Mrs. Sabich, 139 00:08:51,990 --> 00:08:55,114 that even after he said the affair was over, it started up again?" 140 00:08:55,118 --> 00:08:58,076 "Isn't it true that he failed to share with you 141 00:08:58,080 --> 00:09:00,453 that he was there the night she was murdered? 142 00:09:00,457 --> 00:09:01,746 That he got her pregnant?" 143 00:09:01,750 --> 00:09:04,541 "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 --> 00:09:08,711 "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 --> 00:09:17,846 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 --> 00:09:44,706 No. On that, I take issue. 157 00:09:44,710 --> 00:09:47,375 - It's my life. I will close. - Rusty, 158 00:09:47,379 --> 00:09:50,837 you have absolutely no credibility with that jury. 159 00:09:50,841 --> 00:09:53,423 Why would they believe a word that you have to say at this point? 160 00:09:53,427 --> 00:09:55,049 I mean, Jesus Christ. 161 00:09:55,053 --> 00:09:57,260 In Maine, where I'm from, if you went out to feed pigs, 162 00:09:57,264 --> 00:09:59,637 you'd have to get somebody else to call them. Jesus Christ. 163 00:09:59,641 --> 00:10:04,767 I will close. And let me just say this. Doubt from a jury, that works for me. 164 00:10:04,771 --> 00:10:08,313 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 --> 00:10:25,288 You should withdraw. 167 00:10:25,292 --> 00:10:26,793 That's not possible. 168 00:10:28,795 --> 00:10:32,212 Of course it's possible. If he refuses to follow your counsel... 169 00:10:32,216 --> 00:10:34,756 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 --> 00:11:04,160 After this, I retire. I promise. 175 00:11:04,164 --> 00:11:08,581 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 --> 00:11:31,771 Nico Della Guardia... 180 00:11:31,775 --> 00:11:33,443 And there's also Liam Reynolds... 181 00:11:36,071 --> 00:11:40,238 Caldwell, other uninvestigated... 182 00:11:40,242 --> 00:11:43,283 ...me from the beginning... 183 00:11:43,287 --> 00:11:45,914 ...victim. Well, so did I. 184 00:11:47,165 --> 00:11:48,329 It's exactly what... 185 00:11:48,333 --> 00:11:53,209 Never in my 15 years of being a prosecutor for this great city would I ever, ever... 186 00:11:53,213 --> 00:11:55,295 ...mistrial, and he told you that he had feelings for the victim. 187 00:11:55,299 --> 00:11:59,632 Well, so did I. I loved her very much. 188 00:11:59,636 --> 00:12:03,761 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 --> 00:12:23,198 I took AP astronomy, 196 00:12:23,202 --> 00:12:25,842 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 --> 00:14:37,540 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 --> 00:17:11,027 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 --> 00:17:27,585 And I was there that night, as I was on other nights, 231 00:17:27,589 --> 00:17:30,255 but that is all the evidence could or did prove. 232 00:17:30,259 --> 00:17:33,424 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 --> 00:17:42,433 My fingerprints are in her apartment, 235 00:17:42,437 --> 00:17:45,395 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 --> 00:18:05,081 I cared for her so much. 241 00:18:05,085 --> 00:18:08,918 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 --> 00:18:15,466 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 --> 00:18:22,140 As do the police, as does the district attorney, Tommy Molto. 246 00:18:22,144 --> 00:18:25,393 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 --> 00:18:42,202 There were other people who had fixations on Carolyn. 252 00:18:42,206 --> 00:18:44,954 There is Michael Caldwell, the victim's son, 253 00:18:44,958 --> 00:18:46,706 who was also there that night. 254 00:18:46,710 --> 00:18:49,667 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 --> 00:18:57,800 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 --> 00:19:03,264 who was very angry at the victim as well, 259 00:19:03,268 --> 00:19:05,725 and who could have possibly had access to the Bunny Davis files. 260 00:19:05,729 --> 00:19:08,478 Now, is any of that evidence to prove that Michael Caldwell 261 00:19:08,482 --> 00:19:10,480 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 --> 00:19:21,241 But I will tell you that in the 15 years that I have been a prosecutor 265 00:19:21,245 --> 00:19:22,951 for this great city, I will tell you, 266 00:19:22,955 --> 00:19:24,911 I would never bring charges against someone 267 00:19:24,915 --> 00:19:27,455 without the burden of proof being possibly satisfied, 268 00:19:27,459 --> 00:19:29,582 and that is exactly what the prosecution has done here. 269 00:19:29,586 --> 00:19:31,793 They have charged me with a crime, 270 00:19:31,797 --> 00:19:35,046 and they have no evidence that they can remotely prove. 271 00:19:35,050 --> 00:19:39,008 There is no physical, testimonial, forensic evidence. 272 00:19:39,012 --> 00:19:40,426 There is no murder weapon. 273 00:19:40,430 --> 00:19:43,429 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 --> 00:20:17,964 They need to hold somebody accountable. They need to find somebody accountable. 281 00:20:17,968 --> 00:20:21,050 Anybody. And in this case, I am their best shot. 282 00:20:21,054 --> 00:20:23,678 I am Tommy Molto's best shot. 283 00:20:23,682 --> 00:20:25,930 And he has wanted to get me from the beginning. 284 00:20:25,934 --> 00:20:29,434 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 --> 00:20:51,581 it's not about me, it's not even about Carolyn... 288 00:20:51,585 --> 00:20:56,211 at least not the application of justice... it's about you. 289 00:20:56,215 --> 00:20:59,589 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 --> 00:22:57,916 The defendant spoke of his love for the victim, 302 00:22:57,920 --> 00:23:00,668 but I think what came out during the trial, 303 00:23:00,672 --> 00:23:04,506 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 --> 00:23:10,803 He said that he wanted to get the person who did this. 306 00:23:10,807 --> 00:23:15,391 Well, as chief deputy prosecutor, he had a unique opportunity to do so. 307 00:23:15,395 --> 00:23:17,352 In fact, he headed the investigation. 308 00:23:17,356 --> 00:23:20,271 Let me tell you, the first 48 hours following any homicide 309 00:23:20,275 --> 00:23:21,981 are crucial to solving it. 310 00:23:21,985 --> 00:23:23,816 And what did he do during that critical time? 311 00:23:23,820 --> 00:23:26,569 He withheld information, he obstructed, 312 00:23:26,573 --> 00:23:30,240 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 --> 00:23:35,203 And he failed to disclose 315 00:23:35,207 --> 00:23:38,206 that he was embroiled in a sexual relationship with the victim, 316 00:23:38,210 --> 00:23:40,750 that he was in the throes of a volatile breakup, 317 00:23:40,754 --> 00:23:44,379 that he was at her house the night that she was murdered. 318 00:23:44,383 --> 00:23:45,964 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 --> 00:23:56,850 Concealed. 323 00:23:56,854 --> 00:24:00,186 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 --> 00:24:05,984 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 --> 00:24:18,538 Now, his own very good friend, Eugenia Milk, 329 00:24:18,542 --> 00:24:21,708 said that he was acting outside himself 330 00:24:21,712 --> 00:24:24,836 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 --> 00:24:35,847 "Who the fuck do you think you are?" 334 00:24:35,851 --> 00:24:38,183 He was there, he was seen there, 335 00:24:38,187 --> 00:24:40,101 his DNA and fingerprints are there, 336 00:24:40,105 --> 00:24:41,811 and then he says to you with a straight face, 337 00:24:41,815 --> 00:24:45,023 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 --> 00:25:01,706 On the day he went there, 344 00:25:01,710 --> 00:25:03,917 on the day he texted her, on the day she rejected him, 345 00:25:03,921 --> 00:25:07,337 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 --> 00:25:11,758 And he gets up here, and he says, 348 00:25:11,762 --> 00:25:15,887 "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 --> 00:25:27,524 That's all just garden-variety desperation. 352 00:25:27,528 --> 00:25:28,483 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 --> 00:25:38,576 It's diabolical. 356 00:25:38,580 --> 00:25:39,911 It's sociopathic. 357 00:25:39,915 --> 00:25:42,997 Look, the defendant, as chief deputy prosecutor, 358 00:25:43,001 --> 00:25:47,252 had an opportunity to catch the person who killed Carolyn Polhemus. 359 00:25:47,256 --> 00:25:48,586 And what did he do? 360 00:25:48,590 --> 00:25:49,629 He concealed. 361 00:25:49,633 --> 00:25:51,339 He obstructed. 362 00:25:51,343 --> 00:25:52,465 Why? 363 00:25:52,469 --> 00:25:56,678 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 --> 00:26:13,611 All right? 367 00:26:13,615 --> 00:26:16,281 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 --> 00:26:22,370 My contempt, my demeanor at issue. 370 00:26:22,374 --> 00:26:24,873 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 --> 00:27:17,300 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 --> 00:27:23,473 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 --> 00:28:12,772 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 --> 00:28:22,907 - You think that's funny? - It's a joke, Tommy. Come on. 386 00:28:22,911 --> 00:28:24,325 - I'm just saying, it's like... - I know. 387 00:28:24,329 --> 00:28:25,660 ...waiting for a pot to boil here. 388 00:28:25,664 --> 00:28:27,871 Let's go get a drink or something. 389 00:28:27,875 --> 00:28:29,998 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 --> 00:28:35,795 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 --> 00:28:45,430 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 --> 00:31:15,663 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 --> 00:31:23,922 "Superior Court of Illinois, Cook County, in the matter of 405 00:31:23,926 --> 00:31:27,592 the People of the State of Illinois v. Rozat K. Sabich, 406 00:31:27,596 --> 00:31:31,513 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 --> 00:31:43,149 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 --> 00:31:53,326 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 --> 00:33:09,235 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 --> 00:33:51,653 But justice by no means is complete here. 422 00:33:51,657 --> 00:33:54,614 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 --> 00:34:00,411 The justice system, especially the prosecutor's office, 425 00:34:00,415 --> 00:34:01,996 has failed Carolyn Polhemus. 426 00:34:02,000 --> 00:34:03,957 She deserved better. Much better. 427 00:34:03,961 --> 00:34:05,959 And the reason that she didn't get better 428 00:34:05,963 --> 00:34:08,795 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 --> 00:34:19,347 He put the blinders on from day one. 432 00:34:19,351 --> 00:34:22,433 He lost the plot. It was a ready, fire, aim process, 433 00:34:22,437 --> 00:34:25,854 and the district attorney's office, they failed miserably here. 434 00:34:25,858 --> 00:34:28,273 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 --> 00:35:52,524 This is Chicago. 445 00:35:52,528 --> 00:35:56,402 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 --> 00:38:56,916 All that was going through my head was just, 462 00:38:56,920 --> 00:38:59,752 "This was my doing. This was my fault. This was my doing." 463 00:38:59,756 --> 00:39:03,673 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 --> 00:39:10,388 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 --> 00:39:17,520 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 --> 00:39:37,916 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 --> 00:40:13,243 And I first went for my phone to call 911 481 00:40:13,247 --> 00:40:15,370 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 --> 00:40:53,491 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 --> 00:41:05,378 - Rusty, you're sick. - But then I start to think, 494 00:41:05,382 --> 00:41:07,172 "You know, my God, I must have this wrong." 495 00:41:07,176 --> 00:41:09,924 But then Jaden, she was telling me about disassociation, 496 00:41:09,928 --> 00:41:12,218 how a person can be severed from the self, 497 00:41:12,222 --> 00:41:15,430 that they can compartmentalize off an act from the person. 498 00:41:15,434 --> 00:41:18,016 And I just started to realize, that's exactly what happened. 499 00:41:18,020 --> 00:41:21,436 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 --> 00:42:27,168 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 --> 00:42:46,229 Jay. Jay? 520 00:42:46,233 --> 00:42:48,314 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 --> 00:43:38,072 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 --> 00:44:38,091 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 --> 00:44:52,730 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.