The Practice (1997–2004): Season 2, Episode 20 - Cloudy with a Chance of Membranes - full transcript

YOU'RE GOING TO WALK
INTO THAT COURTROOM

BY HIS SIDE,
HOLDING HIS HAND.

NEVER GIVE THE JURY
A CHANCE

TO THINK THAT
YOU'RE NOT DEVOTED.

OR THE MEDIA. THE FACT
THAT THE JURY'S SEQUESTERED
DOESN'T MATTER.

NEWSPAPERS GET THROUGH.
TELEVISION, TOO.

THEY'LL SAY HE CAME
TO KILL HER THAT NIGHT.

WE'LL SAY HE CAME
TO SEE HER THE DAY OF.

THEY'LL SAY
HE GOT SCRATCHED
WHILE ATTACKING HER.

WE'LL SAY
SHE SCRATCHED HIM

WHILE MAKING LOVE.



THEY'LL SAY,
WHERE'S THE SEMEN?

WE'LL SAY
A--SHE TOOK A BATH,

B--HE WORE A CONDOM.

EVERY RED HERRING
HAS TO BE COVERED.

THEY'LL BE RUNNING
THEM UP FLAGPOLES,
I GUARANTEE IT.

WHAT ABOUT
THE SHOE?

WE'LL SEE AS WE GO.

HAIR, PRINTS, FIBERS--
NOTHING WE CAN'T EXPLAIN.

WE GOTTA TAKE OUT
THE MOTHER.

IF THOSE THREATS
COME IN...

ARE YOU SET ON THAT?

YES, BUT DON'T FIGURE
TO SUPPRESS.

AND IF WE
DON'T SUPPRESS,

FIGURE THE MOTHER
TO TESTIFY FIRST.



THEY MIGHT LEAD
WITH DNA.

I'M NOT LEADING OFF
WITH THE DNA.

IT'LL PUT THE JURY TO SLEEP.

WE GO WITH
THE VICTIM'S MOTHER.

SHE'S READY.
I'VE BEEN OVER
HER TESTIMONY--

GO OVER IT WITH HER AGAIN.

HOW CAN I NOT TESTIFY?

I'M NOT SAYING YOU WON'T,

BUT THE DECISION DOESN'T
HAVE TO BE MADE YET.

IF THEY DON'T MAKE
THEIR CASE,

WE DON'T GIVE THEM THE CHANCE
TO TAKE WHACKS AT YOU.

YOU SET?

I'M SET.

BOBBY...

ALMOST 3 MONTHS...

YOU'VE NEVER ASKED ME
IF I'M INNOCENT.

I AM.

I AM.

EXPEDITED TRANSCRIPTS
EVERY SINGLE DAY.

ALL RIGHT. WE'RE READY.
YOU READY?

OK...

THAT DOCTOR CUT OFF
CINDY MARKS' HEAD.

NOW WE GO AFTER HIS.

YOU'RE THE SAME REPORTER
WHO'S BEEN CALLING.

YOU DON'T THINK
I KNOW YOUR VOICE?

DO YOU RECOGNIZE
MY CLICK?

SOME OF THE EXPECTED JUICE
HAS DRIPPED AWAY, JANET.

IT SEEMS D.A. GAMBLE
AND DEFENSE ATTORNEY DONNELL

ARE NO LONGER
ROMANTIC PARTNERS.

SOURCES SAY OTHER THAN
TRIAL CORRESPONDENCE,

COMMUNICATION HAS BEEN
SPARSE BETWEEN THEM.

FIGURE THE DIALOGUE
TO HEAT UP THIS MORNING,
THOUGH.

THE SUBJECT OF THE PRETRIAL:

WHETHER OR NOT
LORRAINE MARKS
GETS TO TESTIFY

ABOUT THE THREATS
DR. WINSLOW MADE
TO HER DAUGHTER.

IT ISN'T
JUST HEARSAY.
IT'S TOTEM POLE.

IT WOULD BE
REVERSIBLE ERROR
TO ALLOW IT.

YOUR HONOR, THESE STATEMENTS
WOULD CLEARLY BE EXEMPTED
FROM THE HEARSAY RULE.

CLEAR TO WHO?

CINDY MARKS WAS
IN AN EXCITED STATE

WHEN SHE SAID
THESE THINGS.

WE'RE NOT JUST DEALING

WITH CINDY MARKS' STATEMENTS
TO HER MOTHER.

WE'RE DEALING
WITH SUPPOSED STATEMENTS
MADE BY MY CLIENT

TO CINDY MARKS.
I DON'T CARE
HOW EXCITED SHE WAS

WHEN SHE WAS TALKING
TO HER MOTHER.

SHE WAS PASSING THINGS ON
THAT HE SAID TO HER.
THAT'S HEARSAY, TOO.

HIS STATEMENTS
WOULD BE DECLARATIONS
AGAINST INTEREST.

COME ON, HELEN. I KNOW
YOU WENT TO LAW SCHOOL.
I WAS THERE.

I OBJECT TO THAT.

ALL RIGHT.
I'VE HEARD ENOUGH.

THE TESTIMONY
OF MRS. MARKS
IS ADMISSIBLE.

OPENING STATEMENTS
AFTER LUNCH.

ADJOURNED.

[POUNDS GAVEL]

AN EXTREMELY BIG WIN
FOR THE PROSECUTION, JIM.

ABSOLUTELY.
THE VICTIM'S MOTHER
ESTABLISHES MOTIVE.

THE PROSECUTION CAN
EASILY PROVE THE AFFAIR.

THAT'S NOT A PROBLEM.

BUT MOTIVE TO KILL,
THE THREATS TO KILL,

THAT ALL COMES
FROM LORRAINE MARKS,

AND SHE CAN BE VERY TOUGH
FOR THE DEFENSE TO CRACK.

I APOLOGIZE...

NOT JUST BECAUSE
WE'RE ASKING YOU

TO TAKE TIME OUT
FROM YOUR FAMILIES

AND YOUR LIVES,

BUT BECAUSE WE'RE
ASKING YOU TO FOCUS

ON THE VERY WORST
HUMAN NATURE HAS TO OFFER:

MURDER.

THIS WAS A GRUESOME,
SICKENING CRIME.

HE CUT OFF HER HEAD,

HE CHOPPED OFF HER HANDS.

AND AS WE GO THROUGH
THE FACTS OF THIS CASE,

IT WILL BE DIFFICULT,

IT WILL BE PAINFUL.

PAINFUL TO FACE A REALITY

THAT SOMETIMES
UNDERNEATH COATS AND TIES

AND WELL-GROOMED
APPEARANCES...

THERE LIE MURDERERS.

THERE LIES ONE HERE.

YES, THERE WAS SEX

AND LOVE AND PASSION.

JEFFREY WINSLOW
WAS HAVING AN AFFAIR
WITH THE VICTIM.

LISTEN TO THE PROSECUTION'S
CASE CLOSELY.

ALL IT WILL PROVE

IS WHAT I JUST TOLD YOU,

MY CLIENT HAD AN AFFAIR
WITH CINDY MARKS.

THAT'S ALL THEY'VE GOT

BECAUSE THAT'S ALL THERE IS.

YES, SOMEBODY
DID KILL HER...

BUT IT WASN'T
JEFFREY WINSLOW.

SO THIS TELEPHONE CONVERSATION
TOOK PLACE WHEN, MA'AM?

3 DAYS BEFORE
SHE WAS KILLED.

SHE CALLED YOU?

NO. I'D CALLED HER,

AND I SAW THAT SHE
WAS VERY UPSET.

DID SHE TELL YOU
WHY SHE WAS UPSET?

SHE DIDN'T WANT
TO DISCUSS IT.

CINDY AND I
NEVER REALLY
COMMUNICATED MUCH

ON HER PRIVATE LIFE,

SINCE I USUALLY
DISAPPROVED OF IT.

SO SHE NEVER TOLD YOU
THE CAUSE OF HER BEING UPSET?

EVENTUALLY, SHE DID.

WHEN I PRESSED HER
ON IT...

SHE TOLD ME.

SHE SAID
HER RELATIONSHIP
WITH DR. WINSLOW

WAS BECOMING UGLY...
VOLATILE.

SHE SAID SHE WANTED
TO MAKE PUBLIC
THEIR INVOLVEMENT,

AND HE THREATENED HER.

HE SAID IF SHE TRIED
TO EXPOSE THE AFFAIR,

THAT HE WOULD STOP HER.

DID SHE SAY ANYTHING ELSE,
MRS. MARKS?

YES. SHE SAID...

SHE WAS SCARED
THAT HE MIGHT HURT HER.

THANK YOU,
MRS. MARKS.

YOU SAID
SHE NEVER LIKED

TO DISCUSS
HER PRIVATE LIFE
WITH YOU.

YES.

MIGHT SHE GO SO FAR

AS TO CONCEAL HER
PERSONAL LIFE FROM YOU?

SHE MIGHT.

GIVEN THAT YOUR DAUGHTER
MIGHT CONCEAL
HER PERSONAL LIFE FROM YOU,

IS IT POSSIBLE
THAT SHE WAS ALSO
SEEING SOMEBODY ELSE

IN ADDITION TO MY CLIENT

AND SHE WOULD TRY
TO CONCEAL THAT?

I SUPPOSE
IT'S POSSIBLE.

Eugene: YOU SEE
THAT MAN SITTING THERE?

WHO IS HE?

HIS NAME
IS KENNETH FULLER.

HE'S CINDY'S
EX-HUSBAND.

COULD YOU DESCRIBE
YOUR FEELINGS FOR HIM?

NOT GOOD.

NOT GOOD. UH...

WOULD IT BE FAIR TO SAY
THAT YOU DISLIKE HIM A LOT?

THAT WOULD BE FAIR.

YOUR DAUGHTER KNEW THAT?

IN NO UNCERTAIN TERMS.

SUPPOSE, MRS. MARKS,
JUST SUPPOSE...

YOUR DAUGHTER RESUMED
A RELATIONSHIP WITH THIS MAN.

YOU'D DISAPPROVE?

STRONGLY.

STRONGLY.

KNOWING THAT, IS IT POSSIBLE
CINDY WOULD WANT TO HIDE
THAT FACT FROM YOU?

YOUR HONOR.
Mrs. Marks:
I DON'T THINK SHE--

IS IT POSSIBLE
THAT KENNETH FULLER

WAS THE ONE THAT
WAS THREATENING HER?

SHE SAID IT WAS HIM.
AND THAT IN HER HYSTERIA,

SHE JUST BLURTED OUT
MY CLIENT'S NAME?
SHE WASN'T
HYSTERICAL.

OBJECTION!
BUT SHE WAS
OUT OF CONTROL,

RANTING.
NO,
SHE WASN'T RANTING!

SHE WAS CALM
AND COLLECTED,

AND SHE
VERY CLEARLY SAID

THAT IT WAS THAT MAN

WHO WAS
THREATENING HER.

SO SHE WAS CALM
AND COLLECTED?

YES.

YOUR HONOR, AT THIS TIME,

WE'D NOW MOVE TO STRIKE
THE HEARSAY TESTIMONY
OF THE WITNESS.

THE EXCITED UTTERANCE
EXCEPTION NO LONGER APPLIES.

SIDEBAR.

I'M AFRAID NOT.

MEMBERS OF THE JURY,

I'LL TRY TO MAKE
THE LESSON SHORT.

THE FACT THAT
THE VICTIM MADE
THESE ALLEGED STATEMENTS

WHILE CALM
INSTEAD OF AGITATED

MAKES A BIG
LEGAL DIFFERENCE.

BOTTOM LINE--THEY'RE
NO LONGER ADMISSIBLE.

THAT MEANS THERE IS
NO EVIDENCE BEFORE YOU

THAT A RELATIONSHIP
WAS TURNING UGLY,

THERE IS NO EVIDENCE
OF ANY THREATS.

AS FAR AS YOU'RE CONCERNED,

THOSE THREATS
NEVER HAPPENED.

CALM DOWN, HELEN.

YOU TOLD ME
SHE WAS PREPPED.

SHE SAID YOU WENT
UP AND DOWN--

I DID.
HE SPUN HER.

SHE'S NOT
A ROCKET SCIENTIST.

WE'RE THE ONES
WHO LOOK STUPID.

THE JURY STILL HEARD IT.

LEGALLY,
IT MAY BE EXCLUDED,

BUT THE JURY
STILL HEARD--

I CAN'T ARGUE IT
IN MY CLOSING ARGUMENT NOW!

THERE IS A LOT
OF DNA SCIENTIFIC CRAP

BETWEEN NOW AND THE TIME
THAT JURY GOES TO DELIBERATE,

AND I CAN'T
HAMMER THOSE THREATS

IN MY CLOSING ARGUMENT
NOW, CAN IT?

OH GOD.

MISTRIAL?

IT'S AN OPTION.
SINCE THE TRIAL'S
ONLY A DAY OLD,

THERE'S A CHANCE WE
COULD STILL GET IT.

AND WHY WOULD WE WANT
TO DO THAT?

BECAUSE THE JURY DID HEAR
ABOUT THE THREATS,

AND IT'S A TOUGH BELL
TO UNRING.

AND THE NEXT JURY
WOULDN'T HEAR ABOUT THEM.

Karen: OK, THEN WHY NOT
ASK FOR A MISTRIAL?

WHY NOT IS BECAUSE
THE PROSECUTION
CAME OUT STUMBLING.

FIRST IMPRESSIONS COUNT,

AND I THINK THEIR CASE
IS SO CIRCUMSTANTIAL
TO BEGIN WITH.

I SAY WE KEEP GOING.

IF WE LET THEM
START OVER,

WE GIVE THEM TIME
TO REGROUP,

PLUS THEY COULD
DO MORE DISCOVERY.

I'M WITH LINDSAY.

WHO'S NEXT?

Rebecca:
THE PATHOLOGIST.

MINE.

Bobby: YOU READY?

BOBBY, YOU WALK AROUND
ALL DAY ASKING,

"ARE YOU READY?
ARE YOU READY?"

OF COURSE I'M READY.

WE ARE ALL READY.

OK.

NO MISTRIAL.

WE KEEP GOING.

BOBBY, WHAT'S THE MATTER?

I DON'T KNOW.

SOMETHING JUST
DOESN'T SMELL RIGHT.

SO YOU MADE A DETERMINATION

THAT THE KILLING WAS
THE WORK OF A COPYCAT?

YES, UPON DOING
THE AUTOPSY.

HOW DID THE AUTOPSY
TELL YOU THIS?

WELL, THE VICTIM
WAS KILLED BY TRAUMA
TO THE HEAD,

THOUGH IT WAS MADE
TO LOOK LIKE
A STABBING,

WHICH WOULD
BE CONSISTENT
WITH THE POET.

ALSO, WE FOUND THAT
MISS MARKS' WOUNDS
WERE MORE CLINICAL.

WHAT DO YOU MEAN,
CLINICAL?

LIGAMENTS WERE
INCISED INDIVIDUALLY.

THE PERSON WHO DID IT
CUT THROUGH
THE SOFT TISSUE.

MEANING WHAT?

MEANING THIS LIKELY WAS
THE WORK OF A DOCTOR,

PERHAPS
A SKILLED SURGEON.

[CROWD MUTTERING]

Judge Hiller: SETTLE.

ANYTHING ELSE, DOCTOR?

YES. THOUGH THERE WAS
EVIDENCE OF INTERCOURSE,

THERE WAS NO BRUISING
TO SUGGEST RAPE.

AND WHAT CONCLUSIONS,
IF ANY,
DID YOU DRAW FROM THIS?

THAT THE VICTIM CONSENTED
TO THE INTERCOURSE.

I BELIEVE SHE KNEW
THE PERSON WHO KILLED HER.

DID YOUR WRITTEN REPORT
EVER SAY THIS WAS
THE WORK OF A SURGEON?

NO.

AND YOU CAN'T POSITIVELY
EXCLUDE THE POET, CAN YOU?

NO, BUT THE EVIDENCE
WOULD SUGGEST--

IS THE POET
STILL AT LARGE?

YES.

YOU SAY
THAT CINDY DIED

FROM TRAUMA
TO THE HEAD.

HOW EXACTLY DID YOU
DETERMINE THAT?

FROM THE SKULL FRACTURE
ON THE LEFT
TEMPORAL LOBE.

THE HEAD HAD BEEN CUT OFF?

YES.

ANYBODY EVER DROP IT
ON THE FLOOR?

THAT WASN'T THE FRACTURE
I'M TALKING ABOUT.

DID YOU EVER SEE ANYBODY
DROP CINDY'S HEAD
ON THE FLOOR, DOCTOR?

THE HEAD INADVERTENTLY
ROLLED OFF
THE AUTOPSY TABLE.

HIT THE FLOOR?

THAT'S NOT THE TRAUMA
THAT CAUSED HER DEATH,
COUNSEL.

I SEE.

YOU SAY THE ABSENCE
OF VAGINAL BRUISING

SUGGESTS
CONSENSUAL INTERCOURSE?

YES.

EVER KNOWN A RAPE TO OCCUR
WITH NO VAGINAL BRUISING?

THE PROBABILITIES ARE--

DOES IT EVER HAPPEN,
DOCTOR?

RAPE, NO BRUISES.
CAN THAT HAPPEN?

YES.

SO IT'S
ENTIRELY POSSIBLE

THAT CINDY MARKS
WAS RAPED AND MURDERED

BY A NON-DOCTOR.
THAT'S POSSIBLE,
AM I RIGHT?

POSSIBLE, BUT NOT LIKELY,
IN MY OPINION.

YES, YES, YOUR OPINION.

THIS SUSPICION OF YOURS
THAT A SURGEON
DID THE KILLING,

WHEN EXACTLY DID YOU
COME UP WITH THIS?

AT THE AUTOPSY.

AT THE AUTOPSY.

AND DID YOU SHARE IT
WITH THE DISTRICT ATTORNEY?

YES.
WHEN?

OBJECTION. WORK PRODUCT.

OVERRULED.

WHEN DID YOU TELL
THE DISTRICT ATTORNEY

ABOUT YOUR SUSPICION THAT
THE KILLER WAS A SURGEON?

I TOLD HER AROUND THE TIME
OF THE AUTOPSY.

BUT YOU DIDN'T
WRITE IT DOWN?

NO.

DID SHE ASK YOU NOT
TO WRITE IT DOWN?
OBJECTION.

WAS THIS SUSPICION HATCHED

BETWEEN THE BOTH
OF YOU YESTERDAY,
OBJECTION!

OR DID YOU DELIBERATELY
WITHHOLD THIS--
OBJECTION!

COUNSEL, APPROACH.

SHE HAS THE DUTY
TO TURN OVER ALL
INCULPATORY EVIDENCE.

I DID.

TESTIMONY THAT IT WAS
THE WORK OF A SURGEON,

TASTY LITTLE TIDBIT
TO LEAVE OUT, HELEN.

YOU KNEW THIS WITNESS
WAS GOING TO BE SAYING
COPYCAT.

WE DIDN'T KNOW
HE WAS GOING TO BE
SAYING SURGEON.

Judge Hiller: ALL RIGHT.

THAT TESTIMONY
SHOULD BE STRICKEN.

I SAID, ALL RIGHT.

IT'S
UNFAIR SURPRISE.

IF WE WOULD
HAVE KNOWN--

COUNSEL,
THIS IS MY COURTROOM.

I DON'T LIKE IT,

BUT I'M NOT
STRIKING IT.

YOUR HONOR--

I'VE MADE MY RULING.
STEP BACK.

YOU DID GREAT.
YOU CHIPPED HIM DOWN.

Reporter: MR. DONNELL.
MISS FRUTT, WHAT--

WOULD YOU GET THE HELL
OUT OF MY FACE?

MISS FRUTT,
WHAT DO YOU THINK?

HEY, NICE SPRING JOB,
HELEN.

DON'T YOU EVER ACCUSE ME
OF HATCHING EVIDENCE.

OH, COME ON.
YOU SAT ON IT,
AND YOU KNOW IT.

GEE, BOBBY,
DID I FALL SHORT OF YOUR
ETHICAL BAR? I'M SORRY.

HEY! HEY!
WE WERE HERE FIRST.

MR. DONNELL,
DO YOU HAVE ANY COMMENTS?

NO COMMENT.
NO COMMENT.

WE CAN'T NOT INTRODUCE
THE SHOE PRINT, HELEN.

I WANT TO HOLD IT
FOR REBUTTAL.

REBUTTAL? WINSLOW MIGHT
NOT EVEN TAKE THE STAND.

I'LL TAKE THAT BET.

HELEN, WE DON'T HAVE
THE GREATEST CASE HERE.

EXACTLY. WE DON'T HAVE
THE GREATEST CASE.

WE NEED TO CATCH HIM
IN A LIE.

WHICH WE CAN'T DO
IF HE DOESN'T TESTIFY.

SCOTT.

HOW WE DOING?

WE CAN'T LOSE
THIS ONE, HELEN.

ALL RIGHT, DNA IS NEXT.

WE HAVE NOTHING
TO FEAR THERE.

LET THEM TALK.
NOBODY FIDGETS
OR LOOKS WORRIED.

IF ANYTHING, LOOK BORED.
SEND A MESSAGE TO THE JURY

THIS STUFF DOESN'T MATTER.

DOES ANYONE HERE
BESIDES ME
THINK HE DID IT?

I'M SORRY,
BUT DOES ANYONE HERE

EVEN HAVE A THEORY

AS TO WHO ELSE--
KAREN.

WHAT, JEFFREY? WHAT?

I KNOW YOU HAVE
EVERY RIGHT TO DOUBT ME.

OH, YOU'RE WRONG, JEFFREY.

I DON'T DOUBT YOU
FOR A SECOND.

OK, SO WE HAVE
SOME EXCITEMENT HERE.
LOOK, KAREN--

AND DON'T YOU GIVE ME
THAT DEVOTED WIFE PITCH
AGAIN.

KAREN, WHY DON'T YOU AND I
GO TAKE A BREAK?

GREAT.

WE HAVE TO DECIDE
WHETHER YOU'RE
GOING TO TESTIFY.

DO YOU THINK
HE KILLED HER?

NO, OF COURSE NOT.

I'M SORRY. SITTING
IN THAT ROOM TODAY,
LISTENING...

KAREN, I KNOW. THIS--

I CAN'T DO IT.

I CAN'T PLAY
THE ADORING WIFE
ANYMORE.

EVER SINCE
THIS HAPPENED,

I'VE BEEN PRETENDING
THAT I STAND BY HIM,

THAT I...

I FEEL DIRTY...

WALKING IN THE ROOM
WITH HIM,

HOLDING HIS HAND.

HE BETRAYED ME,
AND I CAN'T PRETEND
ANYMORE.

KAREN, LISTEN TO ME.

WE HAVE A MURDER TRIAL,
AND WE HAVE A MARRIAGE,

AND, UNFORTUNATELY,
FOR THE SAKE OF THE TRIAL,

WE HAVE TO SEND A SIGNAL
THAT THE MARRIAGE IS OK.

THIS TELLS
THE JURY SOMETHING.

IF YOU BELIEVE
THAT HE'S INNOCENT,
MURDER-WISE...

THEN YOU HAVE TO
PRETEND MARRIAGE-WISE

JUST FOR
A LITTLE BIT LONGER,
KAREN.

OK.

OK.

THEY NEVER ACTUALLY
CHECKED OUT THE MOTHER.
AT LEAST NOT MUCH.

DO YOU REALLY THINK
THAT SHE COULD DECAPITATE
HER OWN DAUGHTER?

NO, BUT THEY DIDN'T
LIKE EACH OTHER.

AND, BOBBY, NOW THAT
THE SURGEON STUFF
IS IN,

WE MIGHT HAVE
TO START SUGGESTING
OTHER SUSPECTS.

NO, IT'S TOO DANGEROUS.
BURDEN'S ON THEM.

WE DON'T OFFER
ANYTHING WE CAN'T PROVE.

YEAH. WELL, OUR CONSULTANTS
SAY WE HAVE TO RESPOND
TO THE THREATS, TOO.

ADMISSIBLE OR NOT,
THEY THINK IT'S A PROBLEM.

WHICH MEANS JEFFREY
WOULD HAVE TO TESTIFY,

WHICH IS WHAT
I THINK HELEN WANTS.

WHAT?

I DON'T KNOW.

SOMETHING'S FUNNY.

IT'S RIGHT IN FRONT
OF OUR FACES.

I DON'T KNOW WHAT IT IS.

AS YOU CAN SEE,
THE NUCLEOTIDES LINK UP.

WE HAVE AN EXACT
GENETIC MATCH-UP
WITH THE DEFENDANT.

AND THIS WAS
FROM SKIN SAMPLES?

FOUND UNDERNEATH
HER FINGERNAILS, YES.

THE HAIR SAMPLES
FOUND ON THE BED

ALSO LINE UP IN
MATCHING SEQUENCES.

DOCTOR, CAN YOU
CRUNCH ALL THIS FOR US?

THE DEFENDANT
WAS IN HER APARTMENT.

BUT DNA CAN'T ESTABLISH
THAT HE KILLED HER,

ONLY THAT HE WAS THERE.

YES.

IT WAS A PRIOR VICTIM
OF THE POET.

AND, DR. NOFFLE,
THE DEFENDANT HAD ACCESS

TO THE AUTOPSY REPORT
ON THIS WOMAN?

YES, HE DID.

BECAUSE IT WAS
A PRIOR VICTIM
OF THE POET,

THE AUTOPSY REPORT WAS
FAXED ALL OVER YOUR HOSPITAL,
WASN'T IT?

IT WAS JUICY COPY,
AND A LOT OF PEOPLE HAD IT.

YES.

DO THE HOSPITAL
PHONE RECORDS

SHOW ANY OUTGOING CALL
TO DR. WINSLOW'S RESIDENCE

THE EVENING OF THE MURDER?

Hospital
administrator: NO.

AND IF SOMEBODY DID CALL
HIM DOWN TO THE HOSPITAL,

YOUR PHONE RECORDS
WOULD INDICATE THIS?

YES.

ANYBODY IN THE HOSPITAL
HAVE PERSONAL CELL PHONES?

YES.

Judge Hiller:
IS THAT IT, MISS GAMBLE?

PUT THE SHOE IN
NOW, HELEN.

IF WINSLOW
DOESN'T TESTIFY,
THEY COULD REST.

REASONABLE DOUBT.
WE HAVE NOT MADE
OUR CASE.

PROSECUTION WOULD LIKE
TO CALL ONE LAST WITNESS.

KENNETH FULLER.

Bobby: YOUR HONOR,
THIS WITNESS IS NOT
ON THEIR LIST.

HE WAS INCLUDED
IN A PRIOR PRETRIAL LIST.

WHICH HAD
200 NAMES ON IT.

GET UP HERE,
BOTH OF YOU.

TECHNICALLY,
THEY HAD NOTICE.

WE DID NOT.
THIS IS A REVISED LIST.

AS AN OFFICER
OF THIS COURT,

I WILL STATE
RIGHT NOW

THAT NOTHING
I ASK THIS WITNESS

WILL CONSTITUTE
UNFAIR SURPRISE.

THE TESTIMONY
COULD BE WORTHLESS.

THEN WHY BOTHER?

BECAUSE I'M
PLAYING A HUNCH.

I'M ENTITLED TO DO THAT.

ALL RIGHT.
I'LL SEE WHERE IT GOES.

Bobby: YOUR HONOR,
THIS IS--

IF YOU WANT TO ADJOURN
AFTER TO PREPARE CROSS,

I'LL GIVE IT TO YOU.

STOP YOUR WHINING.

MR. FULLER...

WE'VE ALREADY LEARNED
A LITTLE BIT ABOUT YOU

FROM YOUR EX-MOTHER-IN-LAW.

YOU HAD A BAD MARRIAGE
WITH CINDY MARKS?

YOU COULD SAY THAT.

FORGIVE ME
FOR SAYING THIS,
SIR, BUT...

YOU SEEM LIKE A SCARY GUY.

OBJECTION.
OBJECTION.
OBJECTION.

SUSTAINED. IS THAT
WHERE YOU'RE GOING?
HE LOOKS SCARY?

ACTUALLY, YES.

MR. FULLER,

YOU'VE BEEN IN THIS COURTROOM
EVERY DAY OF THE TRIAL.

ANYBODY ASK YOU TO COME?

OBJECTION.

OVERRULED.

ANYBODY PERHAPS PAY YOU
TO BE SITTING HERE?

OBJECTION. WORK PRODUCT.

WORK PRODUCT?

YOUR HONOR,
SHE IS GOING FISHING.

SHE'S TRYING TO GET
A COMMUNICATIONS

BETWEEN THE WITNESS
AND MY OFFICE.

IT'S WORK PRODUCT,
AND IT'S INADMISSIBLE.

I THINK I'D LIKE
TO ASK MYSELF.

Judge Hiller:
HAS ANYONE PAID YOU

TO COME HERE, MR. FULLER?

YOU'RE UNDER OATH, SIR.

HAS ANYONE PAID YOU
TO COME TO THIS COURTROOM?

MR. BERLUTI.

HIM.

HOW MUCH?

$5,000.

[CROWD MUTTERING]

AND WERE YOU GIVEN
ANY SPECIAL INSTRUCTIONS?

JUST SIT HERE...

AND LOOK LIKE
I COULD HAVE KILLED HER.

I HAVE A LEGAL RIGHT--
LIKE HELL YOU DO!

WE ALL HAVE OUR
PAID CONSULTANTS
SITTING OUT THERE,

PAID TO SIT
IN THE ROOM.

ARE YOU KIDDING?

NO, I'M NOT KIDDING,
HELEN.

WELL, YOU SHOULD BE.

PAYING THAT MAN
TO SIT THERE AS
A FLAME-RED HERRING,

IT'S THE EQUIVALENT
OF PUTTING IN
FALSE EVIDENCE.

I DIDN'T CALL HIM
TO THE STAND.

WHAT HAS HAPPENED
TO YOU?

LOOK, I'M DOING
WHAT I HAVE TO DO
TO DEFEND MY CLIENT.

I HAVEN'T BROKEN
ANY LAWS HERE,

AND I DEMAND YOU
INSTRUCT THAT JURY
THAT I HAVEN'T.

I'M NOT GOING
TO DO THAT.

THEN, BASICALLY,
YOU JUST CONDEMNED ME
IN FRONT OF THEM.

AND I'D DO IT AGAIN,
AND I'D LOVE TO DO
IT MORE DIRECTLY,

BUT I DON'T WANT
TO HAND YOU
A MISTRIAL.

THAT LITTLE TRICK
WAS DESPICABLE.

YOU DON'T THINK
SHE DOES THAT?

I'M TALKING NOW!
DESPICABLE!

YOU'RE RIGHT.
TECHNICALLY, YOU
GET TO SLIDE BY,

BUT BARELY, BOBBY!

BARELY!

YOU TOLD HER!
I DIDN'T TELL HER!

HOW COULD SHE
JUST PLUCK THAT
OUT OF THE SKY?

SHE'S SMART,
AND DON'T YOU
OH, PLEASE!ACCUSE ME--

IT WAS A STUPID STUNT.
SERVES YOU RIGHT IT
BACKFIRED.

THANK YOU, REBECCA.
YOU WANNA TAKE OVER
THE CASE NOW?

IT WAS STUPID.
YOU HAD THE CASE WON,
AND YOU KNOW YOU DID.

AND NOW? THAT JURY WON'T
TRUST A THING YOU SAY,
AND WHY SHOULD THEY?

Eugene: ALL RIGHT!
LET'S NOT TURN
ON EACH OTHER.

THEIR CASE HASN'T
GOTTEN ANY BETTER, AND
THE BURDEN IS ON THEM.

WELL,
WE CERTAINLY CAN'T
REST ON THAT NOTE.

NO, WE CAN'T.
WE GOTTA PUT ON
A DEFENSE.

IS KAREN READY?

YEAH.

DO YOU REMEMBER
WHAT TIME YOUR HUSBAND
LEFT THE HOUSE?

A FEW MINUTES
PAST 10:00.

AND WHEN HE RETURNED?

AROUND MIDNIGHT.

I WAS STILL AWAKE.

CAN YOU PLEASE
DESCRIBE HIS DEMEANOR
FOR THE COURT?

IT WAS NORMAL.
HE COMPLAINED

THAT THE PAGE
WAS UNNECESSARY,

THAT IT COULD'VE
WAITED TILL MORNING.

BUT HE WAS CALM.
YES.

HIS USUAL SELF?

YES.

CAN YOU TELL US
HOW LONG IT TAKES

TO GET FROM WESTON
TO MASS GENERAL WHERE
YOUR HUSBAND WORKS?

AT THAT HOUR,
YOU CAN MAKE IT IN
ABOUT 35 MINUTES.

SO, HE WOULD NEED
AN HOUR AND 10 MINUTES
TRAVEL TIME?

RIGHT.

MRS. WINSLOW, ARE YOU
ANGRY AT YOUR HUSBAND?

I DON'T KNOW IF ANGER
IS A STRONG ENOUGH WORD.

DO I LOVE HIM?

YES.

BUT DO I ALSO
HATE HIM?

YES.

BUT DESPITE
YOUR ANGRY FEELINGS,

HERE, TODAY, YOU SIT,
TESTIFYING ON HIS BEHALF.

I'VE SLEPT BY
THAT MAN'S SIDE
FOR 12 YEARS.

I KNOW HIM AS WELL
AS I KNOW MYSELF.

IT IS INCONCEIVABLE
THAT HE COULD'VE
COMMITTED

WHAT HE'S BEEN
ACCUSED OF.

YOU SEEM PRETTY SURE.

WHATEVER HIS FAULTS,
HE'S NOT A MURDERER.

THANK YOU VERY MUCH.

YOU SAY YOU KNOW HIM.

YOU DIDN'T KNOW HE
WAS HAVING AN AFFAIR
THOUGH, DID YOU?

NO.

SO HE IS ABLE TO
CONCEAL CERTAIN TRUTHS
FROM YOU, ISN'T HE?

HE DIDN'T KILL
THAT WOMAN.

WHO IS THIS PERSON
SITTING IN THE SECOND ROW
BY THE AISLE?

BEVERLY WALTON.
SHE'S MY NEIGHBOR.

THE DAY OF YOUR
HUSBAND'S ARREST,

DID YOU TELL HER YOU
THOUGHT YOUR HUSBAND
DID KILL CINDY MARKS?

DID YOU TELL
BEVERLY WALTON

YOU THOUGHT
YOUR HUSBAND DID
MURDER CINDY MARKS?

I WAS STILL IN SHOCK
OVER THE AFFAIR.

I WAS SPEAKING OUT
OF HURT AND ANGER.

YOU DID SAY THAT.

I WAS LASHING OUT.
I DIDN'T MEAN--

YOU SIT HERE TODAY,
SAYING IT'S INCONCEIVABLE

FOR YOUR HUSBAND
TO COMMIT MURDER,

AND YET, TO THIS WOMAN,
YOU SAID HE PROBABLY
DID COMMIT MURDER.

I DON'T THINK
HE KILLED HER.

THERE WAS
A CONTEXT--

THAT WAS JUST A SLIP
OF THE TONGUE THEN?

OBJECTION.
SUSTAINED.

MRS. WINSLOW, YOU ALSO
TESTIFIED TO TIMELINE--

2 HOURS, 10:00 TO MIDNIGHT,
HOUR COMMUTE.

DO YOU REMEMBER SPEAKING
WITH ME AND DETECTIVE McKREW
THE DAY AFTER THE MURDER?

YES.

DID YOU NOT
TELL US THEN

THAT YOUR HUSBAND
RETURNED HOME
AROUND 1 A.M.?

DID YOU NOT TELL US
YOUR HUSBAND RETURNED
HOME AROUND 1:00?

I WAS WRONG.
IT WAS 12:00.

YOU WERE WRONG?
THE DAY AFTER,
YOU SAID 1:00.

BUT 3 MONTHS LATER,
AT TRIAL, YOUR MEMORY
IS FRESHER?

I DIDN'T REMEMBER
SAYING THAT.

I DIDN'T REMEMBER.

ALL RIGHT.
LET'S NOT PANIC.

WE STILL GOT
A LONG WAY--

"LET'S NOT PANIC"?

MY OWN WIFE SHOUTS
OUT TO SOMEBODY,
"HE DID IT!"

LET'S NOT PANIC?

DID YOU KILL HER?
YOU DID, DIDN'T YOU?
YOU KILLED HER.

EXCUSE ME?

YOU RETAIN
EVERYTHING, KAREN.

YOU WOULDN'T FORGET

SAYING, "HE DID IT"
TO BEVERLY!

YOU WOULDN'T
FORGET SAYING,
"ABOUT 1 A.M."

MAYBE YOU DID KNOW
ABOUT THE AFFAIR.

WHAT A PERFECT
REVENGE THAT WOULD
BE, WOULDN'T IT?

ARE YOU OUT
OF YOUR MIND?

MAYBE I AM!

ALL OF THIS
PRETENDING TO
BE BY MY SIDE,

AND THEN YOU
GET UP THERE ON
THE STAND AND...

NOW, MAYBE YOU--
MAYBE YOU WENT
UP THERE,

KNOWING FULL WELL
THAT THE D.A.
WOULD PICK YOU TO
PIECES ON CROSS.

OH-HO, OOH, PERFECT,
KAREN, PERFECT.

OH...OH...
OH, I GET IT.

I'M SUPPOSED TO THINK,
"WOW, FOR HIM TO ACCUSE ME,

HE REALLY MUST BE
INNOCENT."

THAT WHAT YOU
WANT ME TO THINK?

THAT WHAT
THIS LITTLE TANTRUM
IS ABOUT?

THE TRIAL HAS BEEN SUSPENDED
FOR THE REST OF THE DAY,

BUT TOMORROW WILL BE THE DAY
EVERYONE HAS BEEN SALIVATING
FOR--

JEFFREY WINSLOW IS SCHEDULED TO
CLIMB INTO THAT WITNESS CHAIR.

WHERE IS HE?

WITH JIMMY
AND EUGENE--
MOCK TESTIMONY.

BOBBY, HAVE
WE EVEN THOUGHT
ABOUT A PLEA?

A PLEA? THEY
STILL HAVEN'T MADE
THEIR CASE. WHY--

BEC, YOU PROBABLY
HAVE MOST DISTANCE.
WHERE'S YOUR HEAD?

BEYOND A REASONABLE DOUBT,
I DON'T KNOW,

BUT I DEFINITELY THINK
THE GUY DID IT.

MAYBE WE SHOULD JUST
THROW OUT A FEELER,

SEE IF THERE'S
ANYTHING TO
EVEN CONSIDER.

NOT A CHANCE.

YOU HAVE NOT
EVEN COME CLOSE

TO SATISFYING
BURDEN OF PROOF.

THEN WHY ARE
YOU HERE?

BECAUSE THE STAKES
ARE SO HIGH.

MURDER TWO IS
THE BEST YOU GET.

THAT'S AUTOMATIC LIFE.
WHY WOULD WE EVEN
THINK ABOUT THAT?

HE CHOPPED HER
INTO PIECES.

WHAT ARE YOU
LOOKING FOR,
BATTERY?

SHOULD WE
JUST WRITE HIM A
SPEEDING TICKET?

AND IF YOU DON'T
GET A CONVICTION?

THEN I'LL KNOW YOU
GOT TO A JUROR.

EXCUSE ME?
ALL RIGHT.

THIS IS MORE
ABOUT BEATING ME,
ISN'T IT?

BEATING YOU
IS EXTRA.

HELEN, MAYBE YOU'RE
NOT SEEING STRAIGHT.

YOU HAVEN'T DONE SO GREAT
ON THE ELEMENTS HERE.
YOU HAVE TO KNOW THAT.

THEN I'LL LOSE.

I KNOW HELEN GAMBLE
WELL ENOUGH.

SHE'S GOT
ANOTHER CARD
IN HER HAND.

ONLY YOU CAN KNOW
WHAT IT IS.

I DON'T.

YOU SCREW ME,
YOU SCREW YOURSELF!

IF I'M GONNA SAVE YOU
FROM LIFE IN PRISON,

TELL ME WHAT I DON'T KNOW
BECAUSE I GUARANTEE YOU
SHE KNOWS!

TELL ME NOW!

I WENT THERE THAT NIGHT.

I MADE LOVE TO HER
IN THE AFTERNOON,

AND I WENT BACK AT NIGHT...
TO SEE HER...

AND, UM...
I SAW HER LIKE THAT.

LIKE WHAT?

DEAD...ALL CUT UP.

HER HEAD...

I SAW IT.

BUT I DIDN'T--
I DIDN'T DO IT, BOBBY.
I DIDN'T.

WHAT'D YOU DO THEN?

I JUST LEFT.

I WENT HOME.

I WAS AFRAID.

I THOUGHT THAT IF I
CALLED THE POLICE,

THE AFFAIR WOULD BE
ON THE FRONT PAGE--

EUGENE, JIMMY.

BOBBY, I...

HE WAS THERE
THE NIGHT OF
THE MURDER.

HELEN KNOWS IT.
HOW SHE KNOWS IT

HAS TO BE IN
THOSE DISCOVERY
DOCUMENTS.

OTHERWISE, SHE'D
BE GUARANTEEING
A MISTRIAL.

IF SHE KNOWS HE WAS
THERE THAT NIGHT,

WHY DIDN'T SHE PUT IT
INTO EVIDENCE?

SHE DIDN'T WANT
US TO BE ABLE
TO EXPLAIN IT.

SHE WAS COUNTING
ON YOU TAKING
THE STAND

AND SAYING YOU
WEREN'T THERE THAT
NIGHT UNDER OATH.

THEN SHE SPRINGS
WHAT SHE'S GOT
IN REBUTTAL,

SHE'S CAUGHT YOU
IN A LIE,
AND YOU'RE DEAD.

I DON'T KNOW, MAN.
THAT'S A LITTLE DICEY.

AND IT'S GONNA
COST HER.

IT'S GONNA COST HER.

FOOTPRINTS.

WHAT?

IN THE DNA
DISCOVERY.

SHE TURNED OVER HAIR,
BLOOD, PRINTS--
HAND AND FOOT.

LOOK, TURN TO
THE SUPPLEMENTAL
DISCOVERY...

"BLOOD ON FLOOR."

YOU STEPPED IN BLOOD.
THAT'S WHAT SHE'S GOT.
FOOTPRINTS.

SO, TECHNICALLY,
SHE'S COVERED WITH
THE DISCOVERY RULES.

BUT SHE PLAYED
"HIDE THE BALL."

THEY DID TAKE MY SHOES
WHEN THEY SEARCHED.

OK, OK. WE PLAY
THIS STRAIGHT.

WE JUST DIFFUSE
HER CANNON

BEFORE SHE EVER
GETS TO SHOOT IT.

COME ON. WE'LL GO OVER
YOUR TESTIMONY ON THE WAY.
LET'S GO.

OH, DR. WINSLOW!
DR. WINSLOW...

[REPORTERS
SHOUTING QUESTIONS]

MR. WINSLOW!
MR. WINSLOW!

IS THIS YOUR
FIRST AFFAIR, SIR?

WE MADE LOVE,
AND THEN I
WENT HOME.

IN THE MIDDLE
OF THE AFTERNOON?

YES.

AND...THAT'S WHY YOU
HAD THESE SCRATCHES
ON YOUR BACK?

YES.

NOW, DOCTOR, I NEED
TO ASK THE QUESTION

EVERYBODY IN THIS ROOM
IS ASKING:

DID YOU KILL CINDY MARKS?

NO, I DIDN'T.
I--

THIS ISN'T EASY TO SAY
IN FRONT OF MY WIFE...

BUT I DID LOVE CINDY.

I COULD NEVER DO
ANYTHING TO HURT HER.

YOU HAVE TO ADMIT

IT'S A LITTLE
COINCIDENTAL THAT
SHE WAS KILLED

ON THE SAME DAY
THAT YOU WERE THERE.

I'M AFRAID
IT'S A LITTLE MORE
INCRIMINATING THAN
THAT, MR. DONNELL.

I'M ASHAMED
TO SAY THIS--

BECAUSE I
DIDN'T REPORT IT--
BUT, UH...

ASHAMED? TO SAY WHAT?

I WENT BACK
TO THE HOUSE
THAT NIGHT.

YOU WENT BACK THERE?

YES.

I WALKED IN...

SHE WAS DEAD.

UM...THERE WAS
BLOOD EVERYWHERE.

UH...WE WERE
HAVING AN AFFAIR.

I WAS AFRAID OF
THE IMPLICATIONS
AND THE PUBLICITY,

SO I PANICKED,
AND I WENT HOME.

BUT I SWEAR,
I DIDN'T KILL HER.
I DIDN'T!

THANK YOU, DOCTOR.

EXCUSE US, PLEASE.
NO COMMENT.
NO COMMENT.

PLEASE, EXCUSE US.

LET'S WAIT OVER HERE
IN THE WITNESS ROOM.

BOBBY, CAN WE TALK?

VOLUNTARY
MANSLAUGHTER,
8 YEARS.

TAKE IT OR LEAVE IT.

TOO LATE, HELEN.

I CAN STILL
WIN THIS.

IT WAS A NICE TRY
BURYING THE SHOE PRINTS.

YOU THOUGHT YOU'D
GET HIM IN A LIE.

I GUESS THAT'S WHAT HAPPENS
WHEN YOU PLAY DIRTY.

OH, I PLAY DIRTY?

LET'S NOT
FORGET YOURYOU PAID THE
FIRST TRICK.EX-HUSBAND!

GOING TOYOU IMPLY FALSE
THE WIFE...EVIDENCE,

YOU PROBABLYTELLING
COACHED THATHER SHE'S
PIECE OF PERJURYA SUSPECT?
WE JUST HEARD...

GOING AGAINST THIS WAS
YOU, I SEE A DIRTY
EVERYTHING THEYPROSECUTION!
SAY ABOUT YOU!

YOU'RE SLEAZY!

VOLUNTARY MANSLAUGHTER.
TAKE IT OR LEAVE IT.

YOU GOT A SHOT, HELEN.

YOU CROSS-EXAMINE WELL.

YOU GOT A SHOT.

NOW ISN'T THE TIME
TO COLLAPSE.

I'M NOT ABOUT
TO COLLAPSE.

WHO CALLED YOU
FROM THE HOSPITAL
THAT NIGHT?

NOBODY.

YOU NEVER GOT A CALL
TO GO TO THE HOSPITAL?

I TOLD MY WIFE I DID,

BUT I WAS REALLY
GOING TO SEE CINDY.

YOU LIED
TO YOUR WIFE?

YES.

YOU'D BEEN LYING
TO YOUR WIFE

FOR A YEAR
ABOUT THIS AFFAIR?

THAT'S TRUE.

A PERSON WHO LIES
IS A LIAR. WOULD YOU
AGREE WITH THAT?

I LIED ABOUT
SOME THINGS.

SO, BY YOUR OWN ADMISSION,
YOU WOULD BE A LIAR?

YES.

DID YOU EVER THREATEN
TO KILL CINDY MARKS?

NO, I DID NOT.

ARE YOU A LIAR,
DR. WINSLOW?

OBJECTION.

SUSTAINED.

IF CINDY MARKS SAID
SHE FEARED PHYSICAL
DANGER FROM YOU,

WOULD SHE BE A LIAR?

SHE WOULD CERTAINLY
BE MISTAKEN.

IF CINDY MARKS SAID
SHE FEARED PHYSICAL
DANGER FROM YOU,

THEN 3 DAYS LATER
TURNED UP DECAPITATED,

THAT WOULD ONLY BE
A LITTLE COINCIDENCE?

OBJECTION.
OBJECTION.

THERE'S NO EVIDENCE
OF ANY THREATS

OR ANY STATEMENTS
BY CINDY MARKS
CONCERNING THREATS.

THE OBJECTION
IS SUSTAINED.

I DON'T WANT TO HEAR
ANY MORE MENTION OF
THREATS, MS. GAMBLE.

YOU STATED YOU
LOVED CINDY MARKS.

YES.

YOU TWO WERE
EMOTIONALLY INVOLVED?

YES, I SUPPOSE SO.

UPON DISCOVERING HER
DEAD AND DISMEMBERED BODY,

YOU SIMPLY RETURNED HOME.
WAS THAT YOUR TESTIMONY?

YES.

YOU NEVER CALLED
THE POLICE.

I EXPLAINED THAT.

TH-THAT DOESN'T MEAN
I WASN'T HORRIFIED
BY HER DEATH.

YOU EVER SHARE
YOUR HORROR WITH ANYONE?

NO.

THE NEXT DAY...

WHAT DID YOU DO?

I WENT TO WORK.

DID YOU HAVE A NICE DAY
AT WORK, DOCTOR?

AFTER DISCOVERING
THE MUTILATED BODY
OF SOMEONE YOU LOVED,

WHEN YOU DECIDED NOT
TO NOTIFY THE POLICE,

WAS IT BECAUSE YOU WERE
AFRAID OF BEING IMPLICATED
IN THE AFFAIR

OR IMPLICATED
IN HER DEATH?

I SUPPOSE BOTH.

IN YOUR MEDICAL TRAINING,
YOU DID A ROTATION
IN PSYCHIATRY.

A LONG TIME AGO.

LET ME ASK YOU,
IN YOUR EXPERIENCE,

WHEN A PERSON
AT A CRIME SCENE

CHOOSES TO RUN FROM
THAT CRIME SCENE,

WOULD THAT BE
MORE AN INDICATION OF
INNOCENCE OR OF GUILT?

I AM INNOCENT.

ARE YOU A LIAR,
DR. WINSLOW?

OBJECTION!

SUSTAINED.

WE ARE EXACTLY
WHERE WE STARTED.

HE HAD AN AFFAIR
WITH HER,

AND HE WAS AT THE SCENE
THE NIGHT OF HER DEATH.

THAT'S ALL THEY'VE
ESTABLISHED, PERIOD.

DO THEY HAVE A FINGERPRINT
ON THE MURDER WEAPON?

THEY DON'T EVEN
HAVE THE WEAPON.

DO THEY HAVE
A CREDIBLE EYEWITNESS?

THEY DON'T HAVE
ANY EYEWITNESSES.

WHERE'S THE CASE?

HE DIDN'T SEEM UPSET
ENOUGH THE DAY AFTER
THAT HE WENT TO WORK?

WHERE'S THE CASE?

HE HAD AN AFFAIR
WITH THE VICTIM,

AND HE WAS IN HER APARTMENT.

THAT'S THEIR CASE
IN ITS ENTIRETY.

NOW, YOU WANNA BELIEVE THAT
JEFFREY WINSLOW IS GUILTY?

I SUPPOSE YOU COULD...

BUT BEYOND REASONABLE DOUBT?

AND LET'S NOT FORGET,

DESPITE
THE DISTRICT ATTORNEY'S
GREAT EFFORTS

TO DEPICT JEFFREY WINSLOW
AS A LIAR,

HE DIDN'T HAVE TO TELL
YOU HE WENT BACK THERE
THAT NIGHT.

PROSECUTION
NEVER TOLD YOU THAT.

JEFFREY DID.

JEFFREY DID...

BECAUSE HE WAS UNDER OATH...

AND UNDER OATH...
HE TOLD YOU ANOTHER TRUTH--

HE DIDN'T KILL CINDY MARKS.

[CLEARS THROAT]

THE EVIDENCE
POINTS TO A SURGEON.

POSSIBLE IT WASN'T?
SURE...

BUT LIKELY?

THE EVIDENCE POINTS
TO CONSENSUAL SEX.

POSSIBLE IT WAS RAPE
WITH NO BRUISING?
SURE...

BUT LIKELY?

THE EVIDENCE PROVES...
HE WAS THERE THAT NIGHT.

POSSIBLE HE JUST
HAPPENED TO WALK IN
AFTER? SURE...

BUT LIKELY?

THE VICTIM WAS KILLED

THE SAME WAY A WOMAN
SHOWED UP DEAD IN
HIS HOSPITAL

WHERE HE GOT TO READ
THE AUTOPSY REPORT.

POSSIBLE THAT'S JUST
A COINCIDENCE? SURE...

BUT LIKELY?

THEY'VE GOT A LOT
OF POSSIBILITIES,

AND IN EACH AND
EVERY INSTANCE,

THEY'RE ASKING YOU TO
ACCEPT THE MOST UNLIKELY
OF EXPLANATIONS.

HOW'S THIS ONE?

HE KNOWS THERE'S
A SERIAL KILLER

WHO DECAPITATES
AND SEVERS HANDS,

AND YET, ACCORDING
TO HIS TESTIMONY,

WHEN HE WALKED IN
THAT ROOM

AND SAW CINDY MARKS
DECAPITATED WITH
SEVERED HANDS,

HIS VERY FIRST INSTINCT WAS,

"OH, NO. THEY MIGHT
THINK I DID THIS."

ISN'T THAT A LITTLE ODD?

WOULDN'T
THE NATURAL REACTION BE,

"IT'S OBVIOUS
WHO DID THIS.
IT'S THE POET"?

AND WOULDN'T HE ASSUME
THE POLICE OFFICERS
WOULD SAY THE SAME?

IS IT POSSIBLE
TO BELIEVE

WHAT JEFFREY WINSLOW
IS TELLING YOU?

SURE...BUT REMEMBER...

HIS VERY OWN WIFE,
AS DEVOTED AS SHE WAS
ON THAT WITNESS CHAIR,

SHE TOLD HER NEIGHBOR...

"I think he did it."

THE DEFENDANT
WILL PLEASE RISE.

MR. FOREMAN, PLEASE
READ US YOUR VERDICT.

"COMMONWEALTH
VERSUS WINSLOW.

"ON THE CHARGE OF MURDER
IN THE FIRST DEGREE...

"WE, THE JURY,
FIND THE DEFENDANT,
JEFFREY WINSLOW...

GUILTY."

[GALLERY GASPS AND SHOUTS]

Judge: SETTLE DOWN.

[BANGS GAVEL]

I'LL ASK EACH
PERSON IN THIS ROOM
TO STAY SILENT.

YOUR HONOR, I WANT
THE JURY POLLED!

VERY WELL.

MEMBERS OF THE JURY,

YOU WILL EACH
NOW STAND

AND DECLARE YOUR
INDIVIDUAL VOTE.

LET'S START
LEFT TO RIGHT,
BACK ROW FIRST.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

GUILTY.

YOU STINKER!