Hawaii Five-O (1968–1980): Season 11, Episode 4 - The Case Against Philip Christie - full transcript

Now, if he was gonna seal
that room, lock the door,

make it look like suicide,

why wouldn't he put the
gun in his wife's hand?

He made a mistake, and
that's how killers get caught.

Mr. Christie, a question.

Did you kill your wife?

I did not kill my wife.

Eleven of those jurors
could find me innocent

and he could foul
it all up for me.

Why don't you
disqualify yourself?

We'll get an alternate juror
in here and get our verdict.



That's what I'm
afraid of, Minnie.

Keep it under three
ten-thousandths, Ben.

Plus or minus how much?

Nah, no pluses.

The whole ball
game's right here.

Dorn Electronics. Oh, hi, Penny.

Ben, would you shut that
off just for a minute, please?

- Okay.
- What time?

Hey, okay. Penny,
I'm finishing up. We'll...

Well, the, uh, so-called guest
of honor is still here working...

- You are working, aren't you?
- You bet.

He says he's working. Penny?

Well, Penny, don't
be angry, we're...

Penny? Penny.



- It sounds like Penny is upset.
- Yeah. It's getting to be a habit.

Anyway, she says everybody's at the
party. So, uh, we better get cracking.

Hey, Phil, do me a favor, would
you? I'm running late closing the books.

- Would you pick Shirley up for me?
- Sure.

Great. She's at her dad's, and, uh,
I'll be a half-hour behind at the most.

- Okay.
- Thanks.

- Let's do it, Ben.
- Yeah. Coming.

- See you at the party.
- Okay.

Why didn't Howard call for me?

Oh, he had some
last-minute business.

Heh. We're not even married
and he's staying late at the office.

Which reminds me...

Have you been as attentive
to Penny as you should?

Oh, yeah. Sure.

Yeah, ha, ha.

- Hi. PHILIP: How
you doing, Steve?

Hello. How are you? - Hi.

Glad you could make
it. How you doing?

- Good.
- See you later.

Okay. SHIRLEY:
Nice to see you all.

You too.

- Hi, Dad.
- Hello, love. How are you?

Gin and tonic, right?

Hello, Mr. Van Dorn.
Hey, Ben, how's it going?

- It's okay.
- Um, quitting a little early?

Who's minding the store
with all my employees here?

Howard's still at the office.
Grinding away, as usual.

I gotta go find Penny.

Hi.

I'm sorry, honey.
I had to finish up.

You always have
to finish up, Philip.

It's a very important project.
Howard's still working.

Come on. Don't be angry
because I'm a little late.

I'm not angry with you
because you're late.

- Well, what's the problem?
- Don't play innocent with me.

I spotted that man
you hired to follow me.

- What?
- Checking and spying on me.

You know, I knew you
were jealous, Philip,

but having me followed
is something else.

Wait a minute. I don't know
what the hell you're talking about.

I'll tell you what I'm talking
about. Your ugly suspicions.

I can't take them
anymore, or you.

Philip, I want a divorce.

You're the one with the
ugly suspicions, not me.

Now, I remember
"Till death do us part,"

that is, if you don't.

And that's the
way it's gonna be.

What happened?

Penny.

Penny, come on.
Will you let me in?

Damn it. Penny, I wanna talk
to you. Now come on, let me in.

Penny? Penny, are you okay?

Penny!

- It's Penny, she's in there.
- Let's bust it in.

Oh, my God.

Penny?

Penny.

Recognize it, Mr. Christie?

Yes. It's mine.

You were up here
alone with your wife?

No.

She was locked in here,
and I was out in the hall.

Damn it, sergeant, I
know it sounds crazy.

I went down the hall to get
her on the extension phone.

When I heard the
shots, I ran back here.

- And the door was still locked?
- Yes.

- Mr. Jarvis?
- That's right.

The door was locked.
Phil and I broke it in.

There was nobody in here?

Nobody except my wife

on the floor.

What you're saying is,
your wife, with the door,

the only method of
entry and exit locked,

shot herself dead,

walked over to the closet,

put your gun in your jacket,

then came back here,
and laid down on the floor.

Well, somebody must
have been in here with her

and got out while I was
down the hall. I don't know.

And locked the
door from the inside?

Well, what about the balcony?

With a house full of
guests sitting directly below?

Mr. Christie, I think I'd
better read you your rights.

Oh, you can forget this, Steve.

Forget it?

You're exempt.

Some clerk made
an error, that's all.

I'm not exempt unless I request it.
Isn't that the way it works, governor?

Right. I'll make
a telephone call.

Now, about that Marcus case...

Excuse me, governor.

- Isn't it a citizen's duty?
- Sure.

- But you're a special case.
- Oh? Am I? Why?

They'll never accept you,
Steve. You're a police officer.

Now, let me save you a lot of time
and trouble, and get you out of this.

I think I'll go down
there anyway.

Now don't be stubborn, Steve.
You'll only be wasting your time.

Mr. Stephen McGarrett.

- Mr. Stephen McGarrett?
- Yes, sir.

Would you be able
to make a decision

as to the guilt or
innocence of the accused

solely upon the evidence
presented in this court?

I mean, regardless of
your police affiliation?

Oh, I think so, sir.

You know Mr. Keith, the
deputy district attorney?

No.

How about the accused,
Mr. Philip Christie?

- Or defense counsel, Mr. Springer?
- No, Your Honor.

Now is there any reason

why you should not serve as a
juror on this case, Mr. McGarrett?

I can't think of
any, Your Honor.

The People may question.

- Good morning, Mr. McGarrett.
McGARRETT: Good morning.

I have only one question.

A peculiarity of
this case involves

the distinction between
two kinds of evidence.

I refer to direct evidence
and circumstantial evidence.

You understand, sir,
that in the eyes of the law

one is as valid and
damning as the other?

Yes. I understand that point.

In this case,

no one knows how the murderer
got out of the murder room

since all exits were locked
and bolted from the inside.

No one knows, that is,
except the murderer himself

since the murderer did escape.

The People must prove
circumstantially therefore,

that defendant, a mechanical
genius, an inventor, and...

Object, Your Honor.

The district attorney is not supposed
to be making an opening address.

Sustained.

Pass for cause, Your Honor.

Now the defense may question.

Two-to-one the defense
throws him out for cause.

If you need money that badly,
why don't you just ask me for a loan?

Mr. McGarrett, I would
ask two questions.

Can and will you accept
testimony by a witness

who is not a police officer

with the same credibility as you
would a member of the police force?

Oh, I think so.

I don't think a man's occupation
has anything to do with his integrity.

And, Mr. McGarrett,
are you objective enough

to accept the law which presumes
the innocence of the accused

unless and until guilt is
proved beyond reasonable doubt

and with moral certainty? Are
you that objective, Mr. McGarrett?

Without question.

That means, Mr. McGarrett,

that you have no
prejudice in your mind,

no subjective leaning
toward a presumption of guilt

just because the defendant
has been arrested,

- processed and brought here to trial.
- None whatsoever.

Thank you, Mr. McGarrett.

Pass for cause, Your Honor.

What now?

The peremptories, I think.

The challenges. Where
they bounce Steve.

The first peremptory
is with the defense.

Ten-to-one?

Your Honor, the defense
accepts the jury as constituted.

The People accept
the jury, Your Honor.

Mr. McGarrett, would
you please have a chair?

The jury is now
properly impaneled.

That's his first mistake,
leaving McGarrett on the jury.

The man is a cop.

He's a cop.

How could you
want him on the jury?

He's a special kind of cop.

- Don't you want me to be acquitted?
- Philip.

Eleven of those jurors
could find me innocent

and he could foul
it all up for me.

We're not that strong, Philip.

I am innocent.

All the more reason for
McGarrett being on the jury.

He's got an impeccable
reputation for honesty and integrity.

On top of that, he's
intelligent and perceptive.

Our case needs somebody
like that on that jury.

Well, you could be
wrong about him.

Sure, we all make mistakes. A
lot of people think you made one.

Two shots. The first
one shattered the aorta.

The second one penetrated
the left ventricle of the heart.

Death was instantaneous.

The bullets were fired
from a .38-caliber revolver.

Yes, sir. That's the weapon.

It's registered to the
defendant, Philip Christie.

What was the
condition of the room?

Well, the body of the
deceased was on the floor.

The door, which was the only
exit from the room, was broken in,

and the lock ripped
out of its studs.

- What kind of lock, sergeant?
- A dead-bolt lock.

But how could that be, sergeant?

How could the murderer draw that
dead bolt from inside the bedroom

and then get out into the hall?

I don't know, sir. It would
take a genius to figure that out.

I was the first
one up the stairs.

Phil was pounding on the door.

It was locked so
we broke it open.

By then, everyone
else was up there.

When you broke the door
down, what did you see?

Well, Penny, on the floor.

- And what else?
- Nothing else. The room was empty.

I want to make this
very clear, Mr. Jarvis.

Philip Christie, the defendant,

was already upstairs when you
got there? At the bedroom door?

Yes.

Your witness.

Mr. Jarvis, did you
know Mrs. Christie

- before she married the defendant?
- Yes.

- Did you know her well?
- Yes.

Well enough to
ask her to marry me.

Are you...? I should...

I should say, were you in love with
Mrs. Christie on the day she died?

I'm still in love with her.

I am Vincent Van Dorn,
president of Dorn Electronics.

I hired Philip Christie to head
my experimental laboratory.

His background includes
postgraduate courses at MIT

in Mechanical Engineering
and Theoretical Physics.

So solving a puzzle, like locking an
inside dead bolt from outside the door,

would be a relatively
simple task...

Objection, Your Honor.
Calling for a conclusion.

Sustained.

Now, if the district
attorney does not object

to interrupting his
examination of this witness,

I think it's a good
time to break for lunch.

No objection, Your Honor.

McGARRETT: Since
you picked up the check,

I hope you don't put it
on your expense account.

I appreciate your interest
in this case, gentlemen,

but who's minding the store?

We're on top of
everything, Steve.

H.P.D. closed in on that smuggling
ring we were worried about.

The thing we're puzzling
out is the sealed-room thing.

How the murderer could get out.

Well, now, wait a
minute. Wait a minute.

You know I'm not supposed to
discuss this case with anyone.

Sure, we know. We weren't
gonna discuss it, Steve.

Of course not.

We were just going to say it
was kind of an intriguing puzzle.

Something we might
look into on our own.

No way. No way. Not
with me on the jury.

Five-0 business only.
Routine business only.

- Huh? Clear?
- Like crystal.

- Sure is.
- Okay.

Do you solemnly
swear to tell the truth,

the whole truth and nothing
but the truth, so help you God?

I do.

Mr. Wahili, prior to Mr. Christie
coming to work for Dorn Electronics,

you were head of research
experimental, were you not?

Yes, sir.

You heard Mr. Van Dorn testify as
to Mr. Christie's technical expertise.

Do you agree that the
defendant is an electronic genius?

Oh, yes. At Mr. Van Dorn's request,
I examined Philip Christie's résumé.

His knowledge and background
in the electronic field is outstanding.

Working close
to him, Mr. Wahili,

were you aware of phone calls
the defendant received from his wife?

- Yes, sir.
- Arguments? Fights over the phone?

Well, a wife has a right to...

- Just answer the questions, please.
- Very well.

As a matter of fact, you
were present at the party

when Philip Christie had a
violent argument with his wife.

How do you
define "violent," sir?

Intense, heated, loud,
bitter, vehement, furious.

- Well, then the argument was violent.
- Thank you, Mr. Wahili.

I'm controller for
Dorn Electronics.

Philip and I are in
different departments,

but we're friends socially.

Well, that is Shirley and
I, with Phil and Penny.

I mean, when Penny was...

You were present at
the party on the 28th?

Well, I wasn't there when
they had their argument.

Uh, I got there just as everybody
was heading up the stairs.

I followed, but I really didn't
know what was going on

until Phil and Jarvis broke the door
in and we found Penny on the floor.

And that's all I know, really.

You were a personal
friend of the deceased?

Yes.

You were in the house when
the argument took place?

Yes.

Did deceased accuse the
defendant of spying on her,

of hiring someone to follow her?

Did she accuse the
defendant of being jealous?

I wasn't paying too much
attention. I was talking to my father.

Did she demand a divorce?

Did you hear her tell him she
wanted a divorce, Miss Van Dorn?

- What was the defendant's reply?
- Phil didn't want a divorce.

- He loved her. He...
- He got angry. He raised his voice.

His exact words were, "I
remember 'Till death do us part.'

If you don't, that's the
way it's going to be."

Isn't that what he
said, Miss Van Dorn?

Yes, that's what he said. But
he said that out of love and hurt.

I only hope that
when I get married,

my husband can say
things like that to me,

and that he'll love me
enough to be jealous.

No more questions.

What is your
occupation, Mr. Villipeg?

I'm a licensed
private investigator.

Please tell the
court what occurred

about one week before
decedent's murder.

I was hired by telephone to
follow Mrs. Penelope Christie,

to find out if she was seeing
someone, romantically.

Who hired you?

A man? A woman?

I couldn't even tell that.
The voice was unidentifiable.

How did you make your reports?

I got a phone call
every day at 6:00.

What was the result of your
investigation, Mr. Villipeg?

Well, I thought once or twice

that she might be on her
way to meeting someone.

But both times she
gave me the slip...

I lost her.

- Counselor?
- Thanks for coming, gentlemen.

What I have to say may
be a little unorthodox,

but I thought since
H.P.D.'s all finished with it,

Five-0 could do
some investigating.

Well, it's a little bit unusual as
Steve McGarrett is sitting on the jury.

However, what'd
you have in mind?

That private detective.
Who hired him?

Why? Was Penny seeing someone?

Did that person have
a motive to kill her?

Kind of late in the day for that
kind of investigation, isn't it?

Maybe I should have started after
him sooner, not relied on his affidavit.

But I'm convinced, I
know my client is innocent.

Give me something,
anything I can work on,

and I'll ram it into the evidence,
even after the jury's out.

Well, that's routine for
Five-0. Right, Danny?

I hope Steve sees it that
way when he finds out.

Thanks.

Philip Christie to the stand.

Mr. Christie,
please tell the court

what happened on that day when
you followed your wife upstairs.

She, uh, was terribly upset.

When she locked herself in the
bedroom and wouldn't answer me,

I went down to the hall and tried to
reach her on the extension phone.

And then?

She didn't answer that either.

And then I heard the shots.

What did you do?

I ran back to the bedroom and
started pounding on the door.

- It was still locked?
- Yes.

Then everybody from downstairs
came up and we broke the door down.

And found your wife
dead and the room empty?

Yes.

Mr. Christie, that is the truth?
The entire truth, as you know it?

- Yes, it is.
- Thank you, Mr. Christie.

Your witness.

Mr. Christie,

you were down the hall,

- you say, when you heard the shots?
- Yes.

- At the extension phone.
- Yes, in the alcove.

That's practically within
sight of the bedroom door.

Yes.

You wouldn't procrastinate after
hearing two gunshots, would you?

- No.
- No, of course not.

Then suppose we follow
your story, Mr. Christie.

Suppose there was somebody else
in that bedroom who shot your wife.

He or she would've had to hide your
revolver in your jacket in the closet,

get out of the bedroom, lock
the dead bolt from the outside,

and disappear

somewhere out of
your sight, Mr. Christie.

Where?

- I don't know. DA:
Nowhere, Mr. Christie.

Because what really
happened was that

when you followed your wife upstairs,
the bedroom door was not locked.

And when you shot your
wife, you took your gun

and in desperate panic
hid it in your jacket,

hoping you'd be able
to dispose of it later,

and locked yourself out in the hallway
as the guests arrived from downstairs.

No telephone, no hallway,

just you and your wife and
your gun and your dead bolt!

Objection. Counsel's not
only badgering the witness,

he's drawing his own conclusion
from his own accusation.

Objection sustained.

Will the clerk please strike
that statement from the record?

Very well.

You killed her, didn't
you, Mr. Christie?

I object, Your Honor.
Another conclusion.

Sustained. Now, would the district
attorney please ask a question?

All right.

Mr. Christie, a question.

- Did you kill your wife?
- No. I did not kill my wife.

The jury will now
retire for deliberation,

mindful of the law pertaining to
this case as I have instructed you.

That you are to reach a decision

only upon the evidence
presented here.

And that if a reasonable
doubt of guilt exists,

then you must find
the defendant innocent.

However, if there be no
reasonable doubt of guilt

and you feel there is a
moral certainty that he is guilty,

then you must find
the defendant guilty.

All rise.

Well, first of all, I wanna
thank Mr. McGarrett

for graciously declining the
nomination for foreman's job.

Not that it matters too much

because this deliberation
may not last long enough

for the county to
pay for our supper.

But just to get an idea how
everybody thinks, let's vote.

Guilty.

Guilty.

Guilty.

Guilty.

Guilty.

Guilty.

Guilty.

Guilty.

Guilty.

Guilty.

Well, it looks like we have a
rugged individualist amongst us.

Now, who has the slightest doubt
that that character killed his wife?

I do.

Well, Mr. McGarrett,
11 of us think he's guilty.

Why don't you?

- Because I have reasonable doubts.
- Like what?

This whole case is based
on circumstantial evidence.

It's because the
DA can't figure out

how Christie locked the
door from outside the room.

That's right.

The DA isn't an electronic
genius like the defendant.

That's the whole point. Who is?

Are you flying by the seat
of your pants, Mr. McGarrett?

Or do you really have something
to back up your reasonable doubts?

I think one of the key
points in this mystery is

who hired the private detective to
follow, uh, Penny Christie, and why.

Well, the DA laid
that one on Christie.

McGARRETT: And another thing.

Why did Philip Christie,
if he was the murderer,

hide the revolver in
his own clothes closet?

Why not? McGARRETT: Why not?

Because it's dumb, stupid,
and he's not a stupid man.

Now, if he was gonna seal
that room, lock the door,

make it look like suicide,

why wouldn't he put
the gun in his wife's hand

and really make
it look like suicide?

His head wasn't all together.

He made a mistake, and
that's how killers get caught.

You've been reading too
many detective novels, Minnie.

How did the killer
get out of that room?

The balcony, maybe.

With all those people
sitting downstairs?

He'd have to be invisible.

And another thing, what kind of a
dead-bolt lock was that anyway?

I, uh... I'd like to see

state's Exhibit
Number 7, please.

If I knew who hired
me, I'd tell you.

Somebody paid you.

With cash in an
envelope. Mailed to me.

Look, you guys, I'm on a tail.

What about the voice
on the telephone?

Was it a man or a woman?

It sounded like somebody with, uh,
a handkerchief over the mouthpiece.

Why the secrecy? Any idea?

Hell, if it was the husband, he
didn't want it to get back to her.

One thing about jealous people:

They hate to admit it.

Your personal opinion,
Mr. Villipeg, off the record.

Was she seeing anyone?

In my book, it's 2-to-1 she was.

Hey. There she comes.

I gotta catch up with her.

Who?

My wife.

- What a yo-yo.
- Ha, ha. Yeah.

Anybody agree with our law
officer here, put up your hand.

Hm?

Still 11 to one against you,
McGarrett. You're all alone.

Okay, so I'm alone.

We may have to spend an awful lot
of time here, ladies and gentlemen,

until I can convince you that
that man may be innocent.

Now, may I reiterate,

how did the murderer
get out of that room

with a dead-bolt lock
thrown from the inside?

Can anyone answer that question?

No?

Then how can you convict him?

What you're butting your head
against, McGarrett, is the solid fact

that Christie was there on the scene
and he was the only one with a motive.

You mean, the obvious
one with the motive.

Not necessarily the only one.

McGarrett, you're
not going anywhere.

No facts, no theories,
nothing but obstinacy.

You know, I knew a lady
once as obstinate as you.

She died a virgin.

McGARRETT: Good for her.
They're very rare these days.

Let me ask you
something, Minnie.

Why do you think that
Christie's wife picked a time

like that party to
get so vehement?

Why right then in front of all her
guests did she demand a divorce?

Well, one time's as good
as another to pick a fight.

No, I don't think so.

Something might've
been brewing, though.

Something to do with a private
detective following her, for instance.

Something to do with
her guilt feelings, maybe.

Oh, if that isn't turning it around for
a man's cockeyed view of things...

Now, why wouldn't a wife get
uptight with a husband who's jealous,

who puts a tail on her, and who
always stays away from home?

Well, there's another
way of looking at it.

What's that?

Remember that private
investigator testified

that Penny Christie
was able to lose him?

When he had her under surveillance.
Lose him twice to be exact.

- Well?
- Why would she do that

unless she was meeting someone
she didn't wanna be seen with?

Did you ever think
of that, Minnie?

Uh, may I have some
more coffee, please?

- Quite a place.
- Thank you. Thank you.

Sorry we missed
Shirley, Mr. Van Dorn.

Oh, she and Howard just
went for an early dinner.

You're welcome to
wait for her if you like.

- Thank you.
- Sit down. Sit down.

Uh, what did you wanna
talk to my daughter about?

We just wanted a woman's
opinion on the, uh, private detective.

I don't understand.

A woman could possibly look
at it from only one point of view.

That her husband hired the
detective because he suspects her.

And a man?

A man who discovers he's
being followed has some options.

He might think, uh,
"My wife's onto me."

"My mistress'
husband suspects me."

"My mistress thinks I'm cheating
on her with someone else."

There are all kinds
of possibilities.

You're serious.

But we think there's still another
way a woman could look at it.

That maybe it isn't her husband
who's having her followed,

but someone who wants to find
out who she's having an affair with.

Possible, Mr. Van Dorn?

Oh, yes, of course. Possible.

Do you think Philip Christie
hired that private detective?

No, he isn't that kind of man.
Not from what I know about him.

Then you don't believe he
killed his wife either, do you?

No. But the district
attorney does

and the police department does

and my guess
is, so will the jury.

Will you look around
you, McGarrett?

It is still 11 to one, guilty.

Nobody has changed their mind.

You have not come up with
one shred of a reasonable doubt.

Motive, McGarrett.
Opportunity, McGarrett.

Who else could
have killed that lady?

Now, you look, we've all
got homes and businesses.

I know we're all getting fat on 20
bucks a day and 20 cents a mile,

but the work is getting
a little monotonous.

Oh, I know it's frustrating. For
all of us. For me too, Minnie.

Because there are avenues
I wish had been explored,

clues I wish were followed,

even questions I wish had
been asked on the witness stand.

Look, McGarrett,

why don't you
disqualify yourself?

Get yourself excused.

We'll get an alternate juror
in here and get our verdict.

That's what I'm
afraid of, Minnie.

Ladies and gentlemen, uh,
may I make a suggestion?

I have some clues. I haven't
been able to put them together yet,

but I'd like to ask
one more favor.

What favor? What favor?

A man's freedom, his future,
his life are at stake here.

Let's all go to Philip Christie's
home, the scene of the crime.

But what for?

Well, who knows, we
may learn something.

- And if we don't learn something?
- I'll make it unanimous, Minnie.

Carol, get that bailiff.

- Is that the bedroom?
- Yeah.

He'd have to have
wings to get out of there.

And you're right, McGarrett.
He'd have to be invisible.

- Thanks for the advice, Minnie.
- You're welcome.

You see something?

That back door.

- That important?
- It could be, Minnie.

Bailiff, where's the
phone they referred to?

- It's down the hall, sir.
- Thank you.

If he was in here on the
phone and heard the shots,

how long would it take him to pop
his head out and look down the hall

and see somebody
coming out of that bedroom?

- Not long, Minnie.
- Mm.

We've been assuming
the murderer was a man.

- You think it was Philip Christie.
- I do.

Well, Minnie,

I think it could
be someone else.

- A woman, Mr. McGarrett?
- Why not?

When Penny Christie ran up, maybe
there was a woman already here.

Combing her hair
or putting on lipstick.

Well, I've done that a
lot of times at parties.

Using the hostess' bedroom.

How many times have
you done it to kill someone?

Suppose it was a woman

wanting to find out if Penny Christie
was having an affair with her man.

Benjamin Wahili's
wife, for instance,

or Howard Roman's
fiancée, Shirley Van Dorn.

Ah, then the woman,

not getting any results
from the detective,

comes up here snooping
around for evidence,

finds Christie's gun and shoots
the woman who's taking her man.

That's very good, Minnie.

Oh, wait.

Then the woman locks herself in
here and disappears through the walls.

Or it could have been
a man, the lover himself,

who slipped away from
the party and came up here.

- To powder his nose?
McGARRETT: No, Minnie. No.

To destroy evidence.

A gift he might've given
her, or letters he had written

because he wanted
to end the affair.

But she told him she was going to get
a divorce from Philip Christie anyway,

and she didn't care if the whole
world knew about their affair.

Just who would this
man be, Mr. McGarrett?

Ah... That's the
question, isn't it?

Still sending up smoke
screens, McGarrett.

How did the murderer get out
of this room if it wasn't Christie?

That is the question.

McGARRETT: I've got
a pretty good idea how.

But I'm not positive who.

You have an idea who?

Well, I have an idea
who it couldn't be.

It couldn't be anyone who was
downstairs when the shots were fired.

Had to be up here to
commit the murder, didn't he?

Okay, let's have an elimination.

- Who was downstairs?
- All right.

Wasn't it Mr. Jarvis
who led the way up here,

found Philip Christie
outside that locked door

- and helped him break it in?
- That's right. That eliminates him.

And Shirley Van Dorn
testified she was downstairs

when Mr. and Mrs.
Christie had their argument,

and Mrs. Christie ran upstairs.

Shirley was talking to
her father, wasn't she?

That eliminates
her and her father.

I'd say that.

Benjamin Wahili mixed a
drink for Shirley, didn't he?

So he was downstairs too.

And Howard Roman wasn't even
here. So that eliminates everybody.

Everybody except Christie.
Now, come on, McGarrett,

if you have an idea how
somebody got out of this room

without a gadget or an electronic
invention, would you tell us now?

Okay. Watch.

- Bailiff?
- All through here?

No. Are the witnesses
downstairs with the judge?

Yes, sir. They all are.

Would you tell the judge
that I'd like his permission

to re-create the circumstances
that led up to the murder?

Yes, sir.

Oh, McGarrett. Here we go again.

Since you think this is
absolutely necessary,

let's get on with it.

Now, how do you plan
to stage it, Mr. McGarrett?

Well, I would like everyone
to do just what they were doing

before the shots were fired, which
prompted them to run upstairs.

Uh, some of the jurors can act as
guests, here and in the living room.

Mr. Roman, since
you had not arrived yet,

I wonder if you'd be kind
enough to assist me and the judge.

Certainly. Anything I can do.

- Mr. McGarrett.
- Yes?

This is the murder weapon, sir.

You put blanks in it as I suggested?
- Yes, sir.

What are you gonna
do with that, McGarrett?

I'm not gonna fire
it. I promise you that.

Mr. Roman, Your Honor,
may I speak to you a moment?

Well, perhaps we'd
better take our positions.

Mr. Christie? PHILIP: Yeah?

I'm your wife. I'm having
an argument with you.

By the way, was this the
approximate place where she stood?

Yes.

And everybody was watching.

And then she ran
up those stairs.

At about this pace?

It was a little faster.

- My wife was in there.
- Okay, then what happened?

- I called to her.
- Well, go ahead and call.

Do everything exactly
as you did it that day.

Penny?

Come on, Penny.
Let me in, will you?

Damn it, Penny, I
wanna talk to you.

Then I went down
the hall to the phone.

Okay, go ahead.

Penny.

- It's Penny. She's in there.
- Let's break it in.

What is this
rigmarole, McGarrett?

You weren't supposed
to fire that revolver.

I didn't fire it, Minnie.

I was playing the
victim, Mrs. Christie.

But I wasn't alone in here.

Mr. Roman fired the shot.

How could he? He just came in.

Your Honor, would you
mind coming in now, please?

No, he didn't just come in.

He was in here all the time.

But I was here too, upon
Mr. McGarrett's request.

I saw him fire the shots and then
step behind the door until it broke open.

Then he slipped in among you.

Heh. And nobody noticed.

I don't believe it. He couldn't.

Well, no one is looking for
anybody to be behind that door.

Everybody was looking
where Mr. Christie was looking,

at his wife's body
lying on the floor.

All right, McGarrett.

If Mr. Roman was playing the part
of the killer, who is the real killer?

Who, McGarrett?

Well, as we reasoned
it out, Minnie,

it couldn't be anyone downstairs
at the time of the killing.

It had to be someone up here.

Someone, perhaps,
looking for evidence

of his affair with Mrs. Christie,
when she burst in on him.

Mr. Roman, would you mind
stepping forward, please?

Now, when Philip Christie
left the factory that night,

didn't you leave immediately
after him and come straight here?

Didn't you use
the back staircase?

And didn't Penny Christie
find you in this room,

and threaten to tell the world about
the affair she was having with you?

And threaten to break up
your forthcoming marriage

to the boss's daughter?

Aren't you the
murderer, Mr. Roman?

Just as we staged it here?

Very well, I'll
take that gun now.

Ladies and gentlemen of
the jury, how do you find?

Your Honor, we the
jury, find the defendant

not guilty.

The defendant is
herewith discharged.

And thank you very much,
ladies and gentlemen of the jury.

Dismissed.

Nice job, Minnie.

Uh, McGarrett?

- Would you like to have lunch?
- I never eat lunch, Minnie.

You married, McGarrett?

No.

No lady would ever have me. Heh.

No, it wouldn't work.
You're too stubborn for me.

Probably. But thanks for
the thought anyway, Minnie.

You're welcome.

You're a lovely lady, Minnie. I
wish I had met you 10 years ago.

Well, we would've had
the same problems then.

Probably, but

we could have had a hell
of a lot of fun solving them.

Nice way to celebrate
the end of jury duty.

It sure is.

Now that the case is over
and you can talk about it,

- will you answer a question, Steve?
- If I can, Danno. Go ahead.

How did you get Howard
Roman to play the part?

It was kind of a dangerous
suggestion, wasn't it?

Yeah, I guess so.

But how could he refuse with
the judge being right there?

Besides, he was the only
one who had a perfect alibi.

Any more questions?

Just one. Do you
ever sail this thing?

I'll have you know
this boat is not a thing.

It's a lady so treat
it with respect.

All right, avast. Avast.

Go on ashore, you lubbers.