Love & Death (2023) s01e06 Episode Script
The Big Top
1
("DON'T LET ME BE MISUNDERSTOOD"
BY NINA SIMONE PLAYING)
Baby, you understand me now ♪
If sometimes you see that I'm mad? ♪
Don't you know no one alive
can always be an angel? ♪
When everything goes
wrong, you see some bad ♪
But, oh, I'm just a soul
whose intentions are good ♪
Oh lord ♪
Please don't let
me be misunderstood ♪
Doo, doo, doo ♪
Oh, oh-oh-oh baby, I'm just human ♪
Don't you know I
have faults like anyone? ♪
Sometimes, I find myself alone ♪
Regretting some little foolish thing ♪
Some simple thing ♪
That I've done ♪
'Cause I'm just a soul ♪
Whose intentions are good ♪
Oh lord, please don't let me be ♪
Misunderstood ♪
Doo, doo ♪
Don't let me be misunderstood ♪
I try so hard, so please ♪
Don't let me be misunderstood ♪
(SONG FADES OUT)
("THE LOVE I LOST" BY HAROLD
MELVIN & THE BLUE NOTES PLAYING)
The love I lost ♪
Was a sweet love ♪
REPORTER (ON RADIO): Jury selection
begins today in the murder trial
of Texas housewife Candy Montgomery.
- (SONG PLAYS ON STEREO)
- Almost four months to the day that Betty Gore,
30-year-old mother of two,
was found chopped to death
- in her own home.
- (SIZZLING)
The trial itself is
expected to start tomorrow,
when the prosecution swears
in its first witness
(SONG CONTINUES)
(SINGING ALONG) I can
remember plannin' ♪
Buildin' my whole world around you ♪
I can remember hopin' ♪
- SHERRY: Knock, knock!
- That you and ♪
SHERRY: Hey.
How we doin'?
- You got any big plans for today?
- (LAUGHS)
- I really do love the hair.
- Thank you.
You are gonna be okay, honey.
I don't think I've ever felt
so dependent on other people
as I do right now.
PAT: Hey, Sherry.
- Hey, Pat.
- Pat, do you think I look okay?
This is what Don
Crowder wants me to wear.
Yeah. Yeah, you look fine.
How are you doin', Pat?
Uh, uh
I'm good. Good.
- You know, it's
- (DOORBELL CHIMES)
(SIGHS) I'll get it.
♪
(SHERRY SIGHS)
ROBERT UDASHEN: Hey. Um
We, uh, we set?
(HEAVY BREATHING)
All right.
Hey, wh-why can't I go inside with her?
(SIGHS)
Only the parties and
lawyers can get side access.
- (PAT SIGHS)
- Sorry.
(CANDY SIGHS)
- I'll be right behind you.
- Oh, I know you will.
- (PAT SIGHS)
- CANDY: Okay.
Oh, Sherry, make sure that
the kids don't watch the news.
- Of course. I promise.
- CANDY: Okay.
(CANDY SIGHS)
- Doin' all right?
- Oh yeah, fine. How are you?
ROBERT: Good.
REPORTER: As you can see behind me,
people are lining up to get in.
This is clearly the hottest ticket
in what is normally a sleepy town.
The reason Judge Ryan moved
it to the old courthouse,
it holds more people.
What do Texas prisons look like?
Uh
There are two women's prisons.
- ONLOOKER: I think that's her!
- There's one that you definitely
do not want to go to.
The other one is not that bad.
- How do they decide which one you go to?
- (ONLOOKERS CHATTERING)
♪
You'd go to the good one.
Oh, my God.
(MUFFLED REPORTERS YELLING)
- (BRAKES SQUEAK)
- (SOFTLY) Oh, my God
I don't think I can do this.
Yes, you will.
(SHIFTS GEAR)
- (REPORTERS YELLING)
- (SHUTTERS SNAPPING)
(INDISTINCT CHATTER, YELLING)
- (YELLING GETS LOUDER)
- (MULTIPLE SHUTTERS SNAPPING)
♪
(CHATTER CONTINUES)
(YELLING BECOMES MUFFLED)
TOM O'CONNELL: We may ask
you a bunch of questions.
The idea is to wind up
with 12 impartial jurors
who can evaluate the
evidence in an unbiased manner.
Now, if you're not selected,
don't take it personally.
It's very important that you understand
not just what this proceeding is about,
but also what it's not about.
It's not a personality contest
or a question of who you
think should win or lose,
or does the best job.
The best job is the decision
you make on the evidence.
And only the evidence that
you hear in this courtroom.
Now, Judge Ryan has
gone over the outline
of what the indictment is
to you in a murder case.
The ultimate fact issue
to be proved to a jury
is that a defendant killed the deceased.
Alright then. We're
gonna let Mr. Crowder
make a remark or two. Mr. Crowder?
(DON SIGHS)
My name is Don Crowder.
First, I'd like to thank each and
every one of you for bein' here.
Your commitment to public service.
There is no greater strand of fabric
to criminal justice,
to, to democracy itself,
than jury duty.
Now
it's not proper for me to discuss
the facts with you at this time.
Mr. O'Connell didn't
talk about 'em either.
(QUIET MURMURING)
But
There is somethin'
I've gotta tell you now
for me to be able to discuss the law.
On Friday, June 13th, 1980,
Candace Montgomery killed Betty Gore.
She did so with an axe.
(SHOCKED MURMURING)
And she did so in self-defense.
♪
We haven't chosen to try
our case in the papers,
which is why you've
never heard that before.
But we've got quite a story to tell.
You're gonna hear
what happened that day,
June 13th, and guess what?
You're gonna hear it from the
only living person who was there.
Candy Montgomery will take the stand.
She'll tell you exactly what happened.
- Of course, a few of them were stunned.
- (SHUTTERS SNAP)
Who wouldn't be?
The truth can be a shocking thing.
Y'all better buckle up.
For anyone comin' to this
with preconceived notions,
buckle up and get ready.
That's all I got.
(REPORTERS CLAMORING)
Ron.
Listen.
Seems they're not
gonna let you in the room
since you might be a witness.
Unfortunate, because it's very
important the jury know from the get-go
that God is in Candy's corner.
That truth shouldn't have
to wait till you testify.
It would be good for the
jury to hear from God, Pastor,
even if it's on television.
- I understand.
- Good man. (PATS SHOULDER)
(CROWD CHATTER CONTINUES)
(SHUTTERS SNAPPING)
Hey
- Pat. Hey.
- Don
Chin up, man.
A lot of folks gonna be
takin' their cues from you.
Come on, now.
It's just everybody's looking
at me like I've been
cuckolded, and the whole world
Okay, look.
Doesn't matter if she
fucked a hundred men.
Long as she doesn't do it again, right?
And she won't.
Come on now.
Chin up.
♪
ALLAN (ON PHONE): I'm
sure it'll be on the news.
They're saying that Betty
tried to kill that woman.
- I guess so.
- BOB (ON PHONE): Well, that just
That just doesn't make sense.
BOB: I mean, that's something
you'd say right away.
"I had to do it." Four months?
Yeah. Yeah.
Well, I'm coming down
there for the trial.
Bertha, she, uh
She can't bring herself to.
But, but, but I'm coming.
ALLAN: Okay.
Alright. Bye.
(HANGS UP)
- (QUIET CUTLERY CLINKING)
- (BIRDS CHIRPING OUTSIDE)
Everybody's being just so quiet.
What, with Halloween right
around the corner? Ian?
Honey, will we be going
with "Star Wars" again?
I don't know. Everybody's "Star Wars."
Sally Reynolds, she says
she wants to go as you,
but her parents won't let her.
That's not appropriate dinner
talk at the table, young lady.
(JENNY SIGHS)
(CUTLERY CLINKING)
You think it was wise for
Don to just announce
- that you did it like that?
- We agreed.
No trial talk either.
PAT: I'm just worried he
may not be up for this.
(IAN TAPPING FORK)
(DOORBELL CHIMES)
You know what? I'll get that.
(BIRDS CHIRPING)
Hi, Jackie.
Can you and I have a private word?
(SHUTTER SNAPPING)
(CANDY SIGHS)
Well, if I knew that you were
comin', I-I could have put a pot of
She tried to kill
you. That's your story?
(SOFTLY) Yeah. It's true.
I refuse to believe that.
Why did you keep that from me?
- I had to. Don said
- Oh, Don said, did he?
You know, I never lied to you.
Yes, you did!
(MUFFLED) I asked you
point-blank, and you lied to me!
I didn't murder Betty Gore.
You have to believe me.
No.
I don't.
♪
It would be good if
you were there for me.
At trial.
(SCOFFS)
That won't be happenin', Candy.
(STOMPING UPSTAIRS)
- (SIREN BLARES)
- ONLOOKER: I-I drove six hours.
If I go in and come right back out?
I just wanna see her.
Sorry, ma'am.
(HUSHED COURTROOM CHATTER)
(GAVEL BANGING)
(DOOR SHUTS)
JUDGE RYAN: Before we all get
started, I have one other matter.
Counsel will recall that
on the 12th day of July,
this court issued an
order restricting counsel
from talkin' to the media.
After jury selection yesterday,
seems Mr. Crowder held
himself a little presser,
jabberin' on to whoever
was handy to listen.
Likely 'cause you've
never tried yourself
a criminal case before.
Anything you'd like to
say to me, Mr. Crowder?
Your Honor, I thought that
the order had been lifted.
Especially since last Friday,
you invited the media into
your chambers for a photo shoot.
I might also ask
You're not asking this court
a question, Mr. Crowder.
I asked you if you would
like to make a statement.
And I'm responding.
It was my impression that
the gag order was lifted.
Well, you got that wrong.
This court finds you in contempt
for violation of its order
- that was entered on the 11th day of July 1980.
- (CROWD MURMURING)
This thing isn't about
your limelight, Mr. Crowder.
Ain't that the pot callin'
the kettle a grandstander?
Movin' the trial to this buildin',
so you could get yourself on television.
Your punishment is assessed
at a $100 fine, plus costs,
plus 24 hours in the Collin County jail.
- Are you kiddin' me?
- Out of abundance of precaution,
so your confinement will not interfere
with your proper
representation of your client,
I will suspend the
issue of that commitment
until the day next preceding
the conclusion of this trial,
at which time a writ of
commitment will issue.
Well, howdy-doody, Judge.
What did you say?
Hm?
(HUSHED MURMURING)
Bring in the jury.
♪
(QUIET HALL CHATTER)
O'CONNELL: Prosecution calls Allan Gore.
(HUSHED MURMURING)
(DOOR SHUTS)
(INHALES)
ALLAN: I'd been calling her all day.
And I knew something wasn't
right with her not answering.
And at some point, you called
your neighbor, Richard Parker?
Yes, I made several calls and asked
that he go look.
Look in the house.
And what, if anything, did he find?
They found Betty dead.
I was told that she was shot.
Who told you she'd been shot dead?
Jerry McMahan.
After Jerry McMahan told
you Betty'd been shot,
did you make any further calls?
I
called Candace Montgomery.
O'CONNELL: What, if
anything, did you tell her?
ALLAN: I told her (SIGHS)
Betty'd been killed.
O'CONNELL: After you told the defendant
that your wife had been killed,
what response, if any, did she make?
It seemed like a normal shock reaction.
She didn't say that she killed Betty
in self-defense with an axe?
No.
Your Honor, may I approach?
(CLEARS THROAT)
Let me show you what's been
marked for identification
- as State's Exhibit number K6.
- (AXE SCRAPES)
Let me ask you to look at that exhibit.
Tell the jury whether
that looks familiar to you.
It looks like my axe.
Do you see anything other
than what may be on it
that would be inconsistent
with being your axe?
No.
(HUSHED MURMURING)
- (PUTS DOWN AXE)
- Now
Sir. (CLEARS THROAT)
You know the defendant?
- Yes.
- And, at some point,
you two became involved
in a sexual affair?
ALLAN: Yes, in the fall of 1978.
O'CONNELL: Over what period of time
did you two engage in a sexual affair?
From about early December
'78 until October '79.
- What caused it to stop?
- ALLAN: It stopped
because I decided I didn't
feel like I could share myself
with Candy. I wanted to
concentrate on my own family.
Had you told your wife
about the relationship
with the defendant?
No, I did not.
Did you have any reason to believe
Betty knew about the affair?
No, I did not.
DON: But you can't rule it out,
that Betty could've known.
I can't rule it out. No.
And on June 13th, the morning of,
how did she seem? Your wife.
She was a bit agitated.
I was going away on a business trip.
And that would always unsettle her.
- (CANDY SIGHS DEEPLY)
- Unsettled. Agitated. Was she depressed?
Perhaps.
She'd battled depression before.
She had some postpartum.
Plus, as I said,
when I would when I would travel
DON: And on the morning of June 13th,
did she seem agitated or
depressed over anything,
besides your goin'
away on a business trip?
Yes, she
She thought she might be pregnant.
- DON: And this was causing her stress?
- (MURMURING)
- Yes.
- DON: In fact, you were a bit worried
about Betty and her
state of mind that day.
So much so that, as you testified,
you made repeated calls
to check on her. From the airport,
your hotel. You repeatedly called.
- I did.
- DON: And, sir,
on the night of your wife's death,
when you called the Montgomery house,
did you tell Mrs. Montgomery
that you were very concerned
that your wife had committed suicide?
ALLAN: I don't recall saying that,
b-but the thought had
entered my mind. Yes.
DON: She could have very
dark thoughts, your wife.
Yes.
DON: Your wife and Candy
Montgomery were friends?
- They were.
- DON: Fair to say they were good friends?
Yes.
And prior to June 13th, 1980,
had you ever been
aware of any cross words
between Betty and Candy?
- ALLAN: No.
- DON: Had they had any physical fight
before June 13th, 1980?
- No.
- Any verbal altercation?
- No.
- DON: Can you think of any reason
why Candy would wanna harm your wife?
ALLAN: No.
(CHAIR SCRAPES)
DON: Your relationship
with Candy Montgomery.
This started out as
an affair of the flesh?
- Yes.
- DON: Did it end up being something different?
We became very good friends.
This was not any torrid
love thing, was it?
- No.
- DON: You never discussed
marriage or runnin'
away from your families?
- No.
- DON: Never talked about gettin'
divorced from your spouses?
- Never.
- DON: This was not some
whirlwind romance. In fact,
sometimes during your rendezvous,
you two wouldn't even have sex.
You'd just talk.
ALLAN: That's correct.
Fact of the matter is, Mr. Gore,
neither one of you were
very good at this, were you?
No.
And when it finally petered
out, were there hard feelings?
- No.
- DON: Not by you? Not by Candy?
- No.
- DON: She wasn't tryin' to get back with you?
- No.
- Does it make any sense to you whatsoever
that Candace Montgomery
would have got in her car
on June 13th, 1980,
and drove to your house
to murder your wife
for the purpose of getting you back?
- No.
- DON: Murder her for any reason?
No.
DON: Now, you testified
that the axe was hanging in your garage
on the morning of June
13th when you left.
♪
To my knowledge, yes.
And, to your knowledge,
had Candy Montgomery
ever been in your garage
prior to June 13th, 1980?
- Not to my knowledge.
- DON: To your knowledge,
would she have any reason to know
there was an axe in your garage?
No.
Your wife, of course, knew
the axe was in your garage.
Yes.
(INSECTS CHIRPING)
BOB: You might as well
have been a defense witness.
ALLAN: I was under oath.
I had to tell the truth.
Pity you don't remember the
oath that you took with Betty.
- (ALLAN INHALES)
- (CLOCK TICKING)
Well, that's not fair.
She's dead, Allan.
She got chopped up with an axe.
Which never would have happened
if you hadn't cheated on her.
And the woman who did this?
You helped her today.
I mean, was that the plan?
No, it was not the plan.
You looked at that bloody axe
and you had no reaction.
You showed no remorse.
♪
Betty's dead.
Why doesn't that bother you?
W-We weren't getting along too well.
(INDISTINCT CHATTER)
SHELBY: I still think they
were in on it together.
He probably told her exactly
where she could find that axe.
(LAUGHS)
(STOMPS FOOT)
(QUIETLY) Stop your nonsense.
Well, honest to God,
Sherry, sometimes I wonder
if you were in on it, too.
The way you protect her.
I said stop your nonsense,
and I mean it.
(PATRONS QUIETLY MURMUR)
- (SHERRY SIGHS)
- This way, ladies.
SHELBY: Okay. Thanks.
(SIGHING)
- (INSECTS CHIRPING)
- (SHUTS OVEN)
Oh, my goodness. This
may be my best batch yet.
- Get some butter on them while they're hot.
- (IAN GASPS)
- What else did he say? Don. About how it went.
- Well, I told you,
Don's not much talkin' to me.
- (PUTS DOWN TRAY)
- Yeah, why?
Because he evidently
likes to keep his distance
when the actual trial starts.
But, Robert said it went very well.
Can I have a popover before grace?
No, you may not,
but let's get grace over with
before that popover gets cold.
(SIGHS) We'd like to
thank you, dear God,
for this food which we
are about to receive,
and thank you for your love.
And for givin' me strength. Amen.
FAMILY: Amen.
(CUTLERY RATTLING)
I don't understand why
I can't be in the room.
Because the judge said so, Pat.
Do you not listen?
No witnesses or potential
witnesses, which you would be.
So, can we now just try
and enjoy our supper,
which happens to include some
of my finest popovers ever?
Can I ask one trial question?
Mm-hmm.
Is it hard?
♪
Yes, sweetie. It's very hard.
But, life is sometimes
'cause it's meant to be.
And we forge on.
(SINGING) Onward, Christian soldiers ♪
Right?
We forge on.
- (FORK CLATTERS)
- RICHARD: We first saw the blood in the bathroom,
and then we heard the baby.
Bethany.
She was in her crib,
crying, covered in her feces.
She'd been there a long time.
JERRY MCMAHAN: The
door was partially open,
so I looked inside and, and I saw.
- (MUFFLED SCREAM)
- There was blood everywhere.
A massive amount of blood.
I saw her foot, the body,
and an axe on the floor.
Mostly just blood.
RICHARD PARKER: On the walls. The floor.
Lester couldn't tell Allan, so I did.
She left the church around 9:30.
She got back around 11:30.
Said she'd been at Betty's
and lost track of the time.
She had on a dark brown shirt,
jeans, and blue sneakers.
She seemed normal when she got back.
A little flustered over
missin' the puppet show,
but, other than that, she
was just regular Candy.
CYNTHIA: We cleaned
the house the day after,
me and some of the other neighbors.
We didn't want Allan to arrive
- home and see it that way.
- (TESTIMONY ECHOING)
(CONTINUES ECHOING)
(DRAMATIC CRESCENDO)
- (REPORTERS YELLING)
- (SHUTTERS SNAPPING)
- REPORTER 1: Mrs. Montgomery! Mrs. Montgomery!
- Not right now, folks.
Please. Thank you.
Excuse us. Not right now, folks.
(REPORTERS CONTINUE YELLING)
REPORTER 2: Mrs. Montgomery!
Do you have anything
to say for yourself?
- Excuse me.
- (SHUTTERS SNAPPING)
(DISTORTED ECHOING)
(ECHOES SWELLING, STOP)
- (MUFFLED REPORTERS YELLING)
- (SIGHS)
What the hell are you on?
I don't know what you mean.
Don't lie to me, Candy.
You're takin' somethin'. What is it?
Serax.
It helps with my nerves.
DON: You need to understand somethin'.
That kind of carnage?
Prosecution aims to
depict you as inhuman.
You looking like a zombie
plays right into their hands.
Do not get cross with me.
DON: Do not get cross?
It's the newspapers that are
callin' me a zombie and a monster.
And they all want me to break
down and act like one, don't they?
They would all just be
so thrilled if I jumped
- up and down and screamed.
- (MUFFLED YELLING CONTINUES)
I will not be giving
them that satisfaction.
DON: If you look shut-down and robotic,
- you go to jail.
- Well, I have to hold it together.
Otherwise
(INHALES SHARPLY)
(BOTH SIGH)
No more Serax, Candy.
The jury needs to see you as human.
Vulnerable.
They won't find in your
favor unless they want to.
If you need to cry, cry.
But unfeeling buys you prison.
I thought you weren't gonna talk
to me once the trial started.
- (KEYS RATTLE)
- That's the last thing I'm gonna say.
(STARTS ENGINE)
- (REPORTERS YELLING)
- (HONKING)
(HONKING)
He's probably not wrong.
- (EXHALES)
- The jury needs to see you as human.
That's not possible.
If you had any idea what was being said.
Oh, well, I-I wish I could be in there.
Well, I'm glad you're not because
I don't think that I could
look at myself through your eyes
if you were hearin' what was bein' said.
As bad as what the
newspapers are sayin', it's
(INHALES DEEPLY) Well
(INSECTS CHIRPING)
♪
You never told me
what you thought
after Don told you on the phone
what happened.
I can't imagine what you must think.
I'm not sure I want to.
(INHALES)
I'm just
grateful
that it didn't go the
other way, you know?
I mean, Betty was bigger than you.
It could have easily gone the other way.
♪
It's okay to be a little bit broken,
- (SCOFFS) No, it's not.
- Candy.
Because if I let myself be that,
I might never get back.
I'd never be unbroken.
Tomorrow's gonna be a lot worse.
All the police detectives.
(SIGHS)
(BOTH SIGH)
You just have to be
strong.
There was a time when I thought
that this was it, you know?
Everything.
Just to be able to stand
underneath the stars.
A home.
A family.
And people go lookin' for somethin'.
They don't even know what
it is. They just want.
And they go lookin'.
At the end of some rainbow, maybe.
(INHALES)
♪
PASTOR RON (ON TV): The
Lord is not just my shepherd,
but he is also Candy Montgomery's.
It comes down to goodness
and mercy in the heart.
There is both in the
heart of Candy Montgomery.
Damn, that's a good pastor.
DON (ON TV): Look, I can't
discuss the case, so I won't.
REPORTER (ON TV): Well, should
you be talking to us at all?
DON (ON TV): I can
talk about the weather.
I can talk about the Dallas Cowboys.
Not like the judge has a
problem with free speech.
After all, he's a judge, right?
- Far as that gag order, I
- Why are you baiting him?
Fat fuck. If he holds
me in contempt again,
I can argue bias on appeal.
Get a new trial on
grounds of "fat-fuck-ism"!
Only thing is we're not losin'.
They didn't even nick us today.
Tomorrow will be tougher.
(EXHALING)
- (POLICE SIREN WAILS)
- (CROWD CHATTER)
♪
(SHUTTERS SNAPPING)
CHIEF ABBOTT: It was pure carnage.
That's why I called in so much backup.
The first thing I
noticed was all the blood.
All dried and congealed.
- Caked.
- ABBOTT: Clotted.
And dried.
Means it had been there a while.
Many, many hours.
It was obvious there was a big struggle.
You have no idea who attacked who first?
I do not.
Mrs. Gore took part in the fight?
She had defensive wounds, so yes.
But whether she held the axe
DON: You solve all the
crimes, you investigate, Chief?
- No, sir.
- DON: Some are carried out
with more care than
others. That fair to say?
- Of course.
- DON: Not a lot of care in this one.
Well (NERVOUS LAUGH)
- There was blood all over.
- A lot of blood.
There were fingerprints
left by the killer.
There was hair left,
Candy's fingernail
- The murder weapon.
- And the body.
- (CHAIR SCRAPES)
- (FANS CREAKING)
If If Candy Montgomery planned
to murder Betty Gore,
can you imagine it being
carried out more ineptly?
Probably not.
And if somebody was
intent on killing somebody
and not getting themselves
killed in the process,
would using an axe
be one of the better
death instruments
to accomplish that task?
- No, sir.
- No, sir.
A killing done in broad daylight,
with Candy's car parked right out front.
Fair to say if she wanted
to get away with it,
she did a terrible job. Fair to say?
- Fair to say.
- Fair to say.
Clearly, this is no longer
a whodunit but a why-dunit.
REPORTER 1: Did they
wanna get back together?
Did she want him all for herself?
Why did she keep swinging long
after Betty Gore was neutralized?
Hammering her with that big axe.
REPORTER 2: While the defense
keeps hammering self-defense.
Whatever the defense, they've
got a big, big problem.
- DON: Forty whacks.
- (TAPPING)
Self-defense doesn't explain 40 whacks.
(MUFFLED REPORTERS YELLING OUTSIDE)
There's a reason they're
savin' the pathologist for last.
He's gonna paint a grisly picture,
shock the shit outta the jury.
And it's no coincidence they're
puttin' him up right after lunch.
All it takes is one juror
to vomit, and it's
life in prison.
Why aren't they attacking
us more in our theory?
I don't get it.
It's like their rope-a-dopin'.
ASSOCIATE: It's possible they
don't want to even dignify it.
Forty whacks, like you say,
they're gonna say
self-defense is preposterous.
He seems nice.
The prosecutor.
♪
Excuse me?
He seems like a nice man.
Candy?
Did you take Serax again?
(SIGHS)
Oh, my fucking God.
I need to hold it together.
Try and get this.
The prosecution is probably
going to rest today.
Which means you could be taking
the stage as soon as tomorrow.
Your head needs to be clear.
And focused.
Otherwise,
you're going to jail.
(INDISTINCT CHATTER)
♪
(ECHOING) Would you be
interested in having an affair?
It's just somethin'
I've been thinkin' about,
and I wanted to say it so I don't
have to think about it anymore.
BETTY (WHISPERING ECHO): Bye, Dada.
O'CONNELL: I have here
exhibits marked 22 through 29.
As I pass them for the jury to see,
I'd like you to go through
your external examination
with respect to the
injuries you observed.
DR. DIMAIO: Of course.
Starting with the right hand,
there was multiple chop-like wounds.
Incision wounds on the right forearm,
running five inches in length.
Chop-like wounds on the left upper arm,
extending into the musculature
from the top of the right
shoulder in the back,
extending five inches
down into the back.
The right thigh had two
parallel gaping chop wounds.
The right side of what was her face.
- Irregular, gaping, multiple fractures.
- (MUFFLED SCREAM)
The right eye had collapsed into
what would've been the sinuses.
Frontal scalp, right
side, a diagonal gape.
Top of the right ear, running
across the top of the head,
a wound measuring 10 inches in length,
produced by seven chop
wounds going through the bone
into the cranial vault.
Top of the head, a C-shaped wound
with the open point of
the C-directed downward.
Evidently, that blow was
produced from the top down.
So, six cluster wounds
on the right side,
which could have caused death.
The crater in the back of the head
that went through to the brain cavity
that could have caused death.
The wounds that ran
across the top of the head
could have caused death.
And also, some of the glancing
blows could have caused death
by producing some hemorrhage
inside the cranial cavity.
O'CONNELL: And, Doctor,
does the term "defensive wound"
have any significance in the
practice of your profession?
They're defined as
wounds to the extremities.
Arms and legs.
It's usually the back of the hands.
Can be the palm of the hand
or the back of the forearm,
or the back of the arm,
that a victim received
as they tried to ward off a weapon.
Would those wounds on
the arms and the wrists
and the forearms indicate
defensive-type wounds?
- Yes, sir.
- Mrs. Gore was trying to protect herself?
- Yes, sir.
- O'CONNELL: And, Doctor,
in your testimony, you said,
"On the right side
of what was her face."
- What did you mean by that?
- Half of her face.
(MURMURING)
The right side was nothing
but a mass of tissue and blood.
The eye socket and cheekbone
had been crushed into mush.
So, face, there
there really was no face.
And, Doctor, are you able to determine
whether wounds are
inflicted pre or post-mortem?
♪
- Yes, sir.
- How are you able to tell?
Well, once you're dead, you
have no more blood pressure.
When the heart stops,
there's no bleeding.
The body can leak, but that blood
won't get into the tissue,
causing it to discolor.
Now, if this occurs
while the victim is alive,
this blood will get into the tissue,
essentially like a bruise.
O'CONNELL: With respect
to Betty Gore's autopsy,
can you make any such finding
as to if any of those
blows occurred after death?
There was only one wound,
and that was on the back
of the right forearm.
So, for all those other
wounds you just described,
- Betty Gore was alive?
- Yes, sir.
As Candy Montgomery swung that axe
over and over and over and over,
for almost all of those 40 swings,
- Betty Gore was alive?
- Yes, sir.
Is it fair to say she suffered?
What do you think?
- Objection.
- Sustained.
O'CONNELL: Doctor, according
to your medical report,
there were two cranial wounds
which were pointed at the top,
but squared off at the bottom.
- Yes, sir.
- Can you explain that?
The only explanation is that
the axe would've become stuck.
The killer would've had
to wiggle it back and forth
like a woodchopper
on top of a split log.
She would have had to wiggle
it to remove it from the bone
to then continue swinging.
How do you know she
resumed swinging again?
DR. DIMAIO: Because there was
another blow that went even deeper.
That had to happen right after.
That went directly into the cerebellum.
♪
O'CONNELL: This killing, Doctor,
have you ever seen
anything like it before?
Never.
I pass the witness.
(PAPERS CRINKLE)
Mr. Crowder?
Mr. Defense Counsel, this
would be where you get to talk.
- (CHAIR SCRAPES)
- (DON CLEARS THROAT)
You testified that for
most of these blows,
- the victim was alive?
- Yes, sir.
Which means her heart was beating?
Yes, sir.
Does that mean she was conscious?
Not necessarily.
In fact, for
the kinds of blows we're talking about
on the top of the head,
there's a likelihood
(ECHOING) that for much of this,
she was unconscious.
(NORMAL) True?
- Could be true.
- (CHAIR CREAKS)
DON: Chief Abbott and
Dr. Stone testified
(ECHOING) that a great
struggle took place
between Candy Montgomery and Betty Gore.
Do any of your findings dispute this?
No.
(NORMAL) And from your examinations,
are you able to make a determination
- as to who attacked who first?
- No.
DON: Are you able to
exclude the possibility
(ECHOING) that Candy Montgomery
was attacked by Betty Gore,
and that Candy acted in self-defense?
DR. DIMAIO (ECHOING): There
is no way of me knowing that.
(NORMAL) Which means
you can't rule it out.
No.
(QUIET MURMURING)
Nothing further.
(INAUDIBLE)
Prosecution rests, Your Honor.
(DOOR OPENS)
- (DOOR SHUTS)
- Mr. Crowder,
you may call your first witness.
♪
(SIGHS)
As the hour is late, Your Honor, uh,
we would ask that we
begin in the morning.
The hour's not that late.
Call your first witness.
Approach, Your Honor?
(QUIET MURMURING)
Your Honor, my first
witness is Candy Montgomery,
and she's not ready to testify.
Why not?
DON: She took some medication
in order to calm her nerves.
She's gonna need some time.
I'll give you 10 minutes.
♪
(ECHOING, MUFFLED) She's
gonna need more than that.
We should wait and go tomorrow.
JUDGE RYAN (ECHOING, MUFFLED):
Counsel, you got 10 minutes.
Tick
Tick
Tick
(NORMAL) Tock.
("DANCE TO THE MUSIC" BY SLY
& THE FAMILY STONE PLAYING)
Dance to the music ♪
Dance to the music ♪
Dance to the music ♪
Make way! What? ♪
All we need is a drummer ♪
For people who only need a beat ♪
Yeah ♪
I'm gonna add a little guitar ♪
And make it easy to move your feet ♪
(FUNKY GUITAR RIFF)
I'm gonna add some bottom ♪
So that the dancers
they just won't hide ♪
Dance to the music,
yeah, yeah, yeah ♪
Dance to the music ♪
Dance to the music ♪
Yeah! Yeah ♪
("DON'T LET ME BE MISUNDERSTOOD"
BY NINA SIMONE PLAYING)
Baby, you understand me now ♪
If sometimes you see that I'm mad? ♪
Don't you know no one alive
can always be an angel? ♪
When everything goes
wrong, you see some bad ♪
But, oh, I'm just a soul
whose intentions are good ♪
Oh lord ♪
Please don't let
me be misunderstood ♪
Doo, doo, doo ♪
Oh, oh-oh-oh baby, I'm just human ♪
Don't you know I
have faults like anyone? ♪
Sometimes, I find myself alone ♪
Regretting some little foolish thing ♪
Some simple thing ♪
That I've done ♪
'Cause I'm just a soul ♪
Whose intentions are good ♪
Oh lord, please don't let me be ♪
Misunderstood ♪
Doo, doo ♪
Don't let me be misunderstood ♪
I try so hard, so please ♪
Don't let me be misunderstood ♪
(SONG FADES OUT)
("THE LOVE I LOST" BY HAROLD
MELVIN & THE BLUE NOTES PLAYING)
The love I lost ♪
Was a sweet love ♪
REPORTER (ON RADIO): Jury selection
begins today in the murder trial
of Texas housewife Candy Montgomery.
- (SONG PLAYS ON STEREO)
- Almost four months to the day that Betty Gore,
30-year-old mother of two,
was found chopped to death
- in her own home.
- (SIZZLING)
The trial itself is
expected to start tomorrow,
when the prosecution swears
in its first witness
(SONG CONTINUES)
(SINGING ALONG) I can
remember plannin' ♪
Buildin' my whole world around you ♪
I can remember hopin' ♪
- SHERRY: Knock, knock!
- That you and ♪
SHERRY: Hey.
How we doin'?
- You got any big plans for today?
- (LAUGHS)
- I really do love the hair.
- Thank you.
You are gonna be okay, honey.
I don't think I've ever felt
so dependent on other people
as I do right now.
PAT: Hey, Sherry.
- Hey, Pat.
- Pat, do you think I look okay?
This is what Don
Crowder wants me to wear.
Yeah. Yeah, you look fine.
How are you doin', Pat?
Uh, uh
I'm good. Good.
- You know, it's
- (DOORBELL CHIMES)
(SIGHS) I'll get it.
♪
(SHERRY SIGHS)
ROBERT UDASHEN: Hey. Um
We, uh, we set?
(HEAVY BREATHING)
All right.
Hey, wh-why can't I go inside with her?
(SIGHS)
Only the parties and
lawyers can get side access.
- (PAT SIGHS)
- Sorry.
(CANDY SIGHS)
- I'll be right behind you.
- Oh, I know you will.
- (PAT SIGHS)
- CANDY: Okay.
Oh, Sherry, make sure that
the kids don't watch the news.
- Of course. I promise.
- CANDY: Okay.
(CANDY SIGHS)
- Doin' all right?
- Oh yeah, fine. How are you?
ROBERT: Good.
REPORTER: As you can see behind me,
people are lining up to get in.
This is clearly the hottest ticket
in what is normally a sleepy town.
The reason Judge Ryan moved
it to the old courthouse,
it holds more people.
What do Texas prisons look like?
Uh
There are two women's prisons.
- ONLOOKER: I think that's her!
- There's one that you definitely
do not want to go to.
The other one is not that bad.
- How do they decide which one you go to?
- (ONLOOKERS CHATTERING)
♪
You'd go to the good one.
Oh, my God.
(MUFFLED REPORTERS YELLING)
- (BRAKES SQUEAK)
- (SOFTLY) Oh, my God
I don't think I can do this.
Yes, you will.
(SHIFTS GEAR)
- (REPORTERS YELLING)
- (SHUTTERS SNAPPING)
(INDISTINCT CHATTER, YELLING)
- (YELLING GETS LOUDER)
- (MULTIPLE SHUTTERS SNAPPING)
♪
(CHATTER CONTINUES)
(YELLING BECOMES MUFFLED)
TOM O'CONNELL: We may ask
you a bunch of questions.
The idea is to wind up
with 12 impartial jurors
who can evaluate the
evidence in an unbiased manner.
Now, if you're not selected,
don't take it personally.
It's very important that you understand
not just what this proceeding is about,
but also what it's not about.
It's not a personality contest
or a question of who you
think should win or lose,
or does the best job.
The best job is the decision
you make on the evidence.
And only the evidence that
you hear in this courtroom.
Now, Judge Ryan has
gone over the outline
of what the indictment is
to you in a murder case.
The ultimate fact issue
to be proved to a jury
is that a defendant killed the deceased.
Alright then. We're
gonna let Mr. Crowder
make a remark or two. Mr. Crowder?
(DON SIGHS)
My name is Don Crowder.
First, I'd like to thank each and
every one of you for bein' here.
Your commitment to public service.
There is no greater strand of fabric
to criminal justice,
to, to democracy itself,
than jury duty.
Now
it's not proper for me to discuss
the facts with you at this time.
Mr. O'Connell didn't
talk about 'em either.
(QUIET MURMURING)
But
There is somethin'
I've gotta tell you now
for me to be able to discuss the law.
On Friday, June 13th, 1980,
Candace Montgomery killed Betty Gore.
She did so with an axe.
(SHOCKED MURMURING)
And she did so in self-defense.
♪
We haven't chosen to try
our case in the papers,
which is why you've
never heard that before.
But we've got quite a story to tell.
You're gonna hear
what happened that day,
June 13th, and guess what?
You're gonna hear it from the
only living person who was there.
Candy Montgomery will take the stand.
She'll tell you exactly what happened.
- Of course, a few of them were stunned.
- (SHUTTERS SNAP)
Who wouldn't be?
The truth can be a shocking thing.
Y'all better buckle up.
For anyone comin' to this
with preconceived notions,
buckle up and get ready.
That's all I got.
(REPORTERS CLAMORING)
Ron.
Listen.
Seems they're not
gonna let you in the room
since you might be a witness.
Unfortunate, because it's very
important the jury know from the get-go
that God is in Candy's corner.
That truth shouldn't have
to wait till you testify.
It would be good for the
jury to hear from God, Pastor,
even if it's on television.
- I understand.
- Good man. (PATS SHOULDER)
(CROWD CHATTER CONTINUES)
(SHUTTERS SNAPPING)
Hey
- Pat. Hey.
- Don
Chin up, man.
A lot of folks gonna be
takin' their cues from you.
Come on, now.
It's just everybody's looking
at me like I've been
cuckolded, and the whole world
Okay, look.
Doesn't matter if she
fucked a hundred men.
Long as she doesn't do it again, right?
And she won't.
Come on now.
Chin up.
♪
ALLAN (ON PHONE): I'm
sure it'll be on the news.
They're saying that Betty
tried to kill that woman.
- I guess so.
- BOB (ON PHONE): Well, that just
That just doesn't make sense.
BOB: I mean, that's something
you'd say right away.
"I had to do it." Four months?
Yeah. Yeah.
Well, I'm coming down
there for the trial.
Bertha, she, uh
She can't bring herself to.
But, but, but I'm coming.
ALLAN: Okay.
Alright. Bye.
(HANGS UP)
- (QUIET CUTLERY CLINKING)
- (BIRDS CHIRPING OUTSIDE)
Everybody's being just so quiet.
What, with Halloween right
around the corner? Ian?
Honey, will we be going
with "Star Wars" again?
I don't know. Everybody's "Star Wars."
Sally Reynolds, she says
she wants to go as you,
but her parents won't let her.
That's not appropriate dinner
talk at the table, young lady.
(JENNY SIGHS)
(CUTLERY CLINKING)
You think it was wise for
Don to just announce
- that you did it like that?
- We agreed.
No trial talk either.
PAT: I'm just worried he
may not be up for this.
(IAN TAPPING FORK)
(DOORBELL CHIMES)
You know what? I'll get that.
(BIRDS CHIRPING)
Hi, Jackie.
Can you and I have a private word?
(SHUTTER SNAPPING)
(CANDY SIGHS)
Well, if I knew that you were
comin', I-I could have put a pot of
She tried to kill
you. That's your story?
(SOFTLY) Yeah. It's true.
I refuse to believe that.
Why did you keep that from me?
- I had to. Don said
- Oh, Don said, did he?
You know, I never lied to you.
Yes, you did!
(MUFFLED) I asked you
point-blank, and you lied to me!
I didn't murder Betty Gore.
You have to believe me.
No.
I don't.
♪
It would be good if
you were there for me.
At trial.
(SCOFFS)
That won't be happenin', Candy.
(STOMPING UPSTAIRS)
- (SIREN BLARES)
- ONLOOKER: I-I drove six hours.
If I go in and come right back out?
I just wanna see her.
Sorry, ma'am.
(HUSHED COURTROOM CHATTER)
(GAVEL BANGING)
(DOOR SHUTS)
JUDGE RYAN: Before we all get
started, I have one other matter.
Counsel will recall that
on the 12th day of July,
this court issued an
order restricting counsel
from talkin' to the media.
After jury selection yesterday,
seems Mr. Crowder held
himself a little presser,
jabberin' on to whoever
was handy to listen.
Likely 'cause you've
never tried yourself
a criminal case before.
Anything you'd like to
say to me, Mr. Crowder?
Your Honor, I thought that
the order had been lifted.
Especially since last Friday,
you invited the media into
your chambers for a photo shoot.
I might also ask
You're not asking this court
a question, Mr. Crowder.
I asked you if you would
like to make a statement.
And I'm responding.
It was my impression that
the gag order was lifted.
Well, you got that wrong.
This court finds you in contempt
for violation of its order
- that was entered on the 11th day of July 1980.
- (CROWD MURMURING)
This thing isn't about
your limelight, Mr. Crowder.
Ain't that the pot callin'
the kettle a grandstander?
Movin' the trial to this buildin',
so you could get yourself on television.
Your punishment is assessed
at a $100 fine, plus costs,
plus 24 hours in the Collin County jail.
- Are you kiddin' me?
- Out of abundance of precaution,
so your confinement will not interfere
with your proper
representation of your client,
I will suspend the
issue of that commitment
until the day next preceding
the conclusion of this trial,
at which time a writ of
commitment will issue.
Well, howdy-doody, Judge.
What did you say?
Hm?
(HUSHED MURMURING)
Bring in the jury.
♪
(QUIET HALL CHATTER)
O'CONNELL: Prosecution calls Allan Gore.
(HUSHED MURMURING)
(DOOR SHUTS)
(INHALES)
ALLAN: I'd been calling her all day.
And I knew something wasn't
right with her not answering.
And at some point, you called
your neighbor, Richard Parker?
Yes, I made several calls and asked
that he go look.
Look in the house.
And what, if anything, did he find?
They found Betty dead.
I was told that she was shot.
Who told you she'd been shot dead?
Jerry McMahan.
After Jerry McMahan told
you Betty'd been shot,
did you make any further calls?
I
called Candace Montgomery.
O'CONNELL: What, if
anything, did you tell her?
ALLAN: I told her (SIGHS)
Betty'd been killed.
O'CONNELL: After you told the defendant
that your wife had been killed,
what response, if any, did she make?
It seemed like a normal shock reaction.
She didn't say that she killed Betty
in self-defense with an axe?
No.
Your Honor, may I approach?
(CLEARS THROAT)
Let me show you what's been
marked for identification
- as State's Exhibit number K6.
- (AXE SCRAPES)
Let me ask you to look at that exhibit.
Tell the jury whether
that looks familiar to you.
It looks like my axe.
Do you see anything other
than what may be on it
that would be inconsistent
with being your axe?
No.
(HUSHED MURMURING)
- (PUTS DOWN AXE)
- Now
Sir. (CLEARS THROAT)
You know the defendant?
- Yes.
- And, at some point,
you two became involved
in a sexual affair?
ALLAN: Yes, in the fall of 1978.
O'CONNELL: Over what period of time
did you two engage in a sexual affair?
From about early December
'78 until October '79.
- What caused it to stop?
- ALLAN: It stopped
because I decided I didn't
feel like I could share myself
with Candy. I wanted to
concentrate on my own family.
Had you told your wife
about the relationship
with the defendant?
No, I did not.
Did you have any reason to believe
Betty knew about the affair?
No, I did not.
DON: But you can't rule it out,
that Betty could've known.
I can't rule it out. No.
And on June 13th, the morning of,
how did she seem? Your wife.
She was a bit agitated.
I was going away on a business trip.
And that would always unsettle her.
- (CANDY SIGHS DEEPLY)
- Unsettled. Agitated. Was she depressed?
Perhaps.
She'd battled depression before.
She had some postpartum.
Plus, as I said,
when I would when I would travel
DON: And on the morning of June 13th,
did she seem agitated or
depressed over anything,
besides your goin'
away on a business trip?
Yes, she
She thought she might be pregnant.
- DON: And this was causing her stress?
- (MURMURING)
- Yes.
- DON: In fact, you were a bit worried
about Betty and her
state of mind that day.
So much so that, as you testified,
you made repeated calls
to check on her. From the airport,
your hotel. You repeatedly called.
- I did.
- DON: And, sir,
on the night of your wife's death,
when you called the Montgomery house,
did you tell Mrs. Montgomery
that you were very concerned
that your wife had committed suicide?
ALLAN: I don't recall saying that,
b-but the thought had
entered my mind. Yes.
DON: She could have very
dark thoughts, your wife.
Yes.
DON: Your wife and Candy
Montgomery were friends?
- They were.
- DON: Fair to say they were good friends?
Yes.
And prior to June 13th, 1980,
had you ever been
aware of any cross words
between Betty and Candy?
- ALLAN: No.
- DON: Had they had any physical fight
before June 13th, 1980?
- No.
- Any verbal altercation?
- No.
- DON: Can you think of any reason
why Candy would wanna harm your wife?
ALLAN: No.
(CHAIR SCRAPES)
DON: Your relationship
with Candy Montgomery.
This started out as
an affair of the flesh?
- Yes.
- DON: Did it end up being something different?
We became very good friends.
This was not any torrid
love thing, was it?
- No.
- DON: You never discussed
marriage or runnin'
away from your families?
- No.
- DON: Never talked about gettin'
divorced from your spouses?
- Never.
- DON: This was not some
whirlwind romance. In fact,
sometimes during your rendezvous,
you two wouldn't even have sex.
You'd just talk.
ALLAN: That's correct.
Fact of the matter is, Mr. Gore,
neither one of you were
very good at this, were you?
No.
And when it finally petered
out, were there hard feelings?
- No.
- DON: Not by you? Not by Candy?
- No.
- DON: She wasn't tryin' to get back with you?
- No.
- Does it make any sense to you whatsoever
that Candace Montgomery
would have got in her car
on June 13th, 1980,
and drove to your house
to murder your wife
for the purpose of getting you back?
- No.
- DON: Murder her for any reason?
No.
DON: Now, you testified
that the axe was hanging in your garage
on the morning of June
13th when you left.
♪
To my knowledge, yes.
And, to your knowledge,
had Candy Montgomery
ever been in your garage
prior to June 13th, 1980?
- Not to my knowledge.
- DON: To your knowledge,
would she have any reason to know
there was an axe in your garage?
No.
Your wife, of course, knew
the axe was in your garage.
Yes.
(INSECTS CHIRPING)
BOB: You might as well
have been a defense witness.
ALLAN: I was under oath.
I had to tell the truth.
Pity you don't remember the
oath that you took with Betty.
- (ALLAN INHALES)
- (CLOCK TICKING)
Well, that's not fair.
She's dead, Allan.
She got chopped up with an axe.
Which never would have happened
if you hadn't cheated on her.
And the woman who did this?
You helped her today.
I mean, was that the plan?
No, it was not the plan.
You looked at that bloody axe
and you had no reaction.
You showed no remorse.
♪
Betty's dead.
Why doesn't that bother you?
W-We weren't getting along too well.
(INDISTINCT CHATTER)
SHELBY: I still think they
were in on it together.
He probably told her exactly
where she could find that axe.
(LAUGHS)
(STOMPS FOOT)
(QUIETLY) Stop your nonsense.
Well, honest to God,
Sherry, sometimes I wonder
if you were in on it, too.
The way you protect her.
I said stop your nonsense,
and I mean it.
(PATRONS QUIETLY MURMUR)
- (SHERRY SIGHS)
- This way, ladies.
SHELBY: Okay. Thanks.
(SIGHING)
- (INSECTS CHIRPING)
- (SHUTS OVEN)
Oh, my goodness. This
may be my best batch yet.
- Get some butter on them while they're hot.
- (IAN GASPS)
- What else did he say? Don. About how it went.
- Well, I told you,
Don's not much talkin' to me.
- (PUTS DOWN TRAY)
- Yeah, why?
Because he evidently
likes to keep his distance
when the actual trial starts.
But, Robert said it went very well.
Can I have a popover before grace?
No, you may not,
but let's get grace over with
before that popover gets cold.
(SIGHS) We'd like to
thank you, dear God,
for this food which we
are about to receive,
and thank you for your love.
And for givin' me strength. Amen.
FAMILY: Amen.
(CUTLERY RATTLING)
I don't understand why
I can't be in the room.
Because the judge said so, Pat.
Do you not listen?
No witnesses or potential
witnesses, which you would be.
So, can we now just try
and enjoy our supper,
which happens to include some
of my finest popovers ever?
Can I ask one trial question?
Mm-hmm.
Is it hard?
♪
Yes, sweetie. It's very hard.
But, life is sometimes
'cause it's meant to be.
And we forge on.
(SINGING) Onward, Christian soldiers ♪
Right?
We forge on.
- (FORK CLATTERS)
- RICHARD: We first saw the blood in the bathroom,
and then we heard the baby.
Bethany.
She was in her crib,
crying, covered in her feces.
She'd been there a long time.
JERRY MCMAHAN: The
door was partially open,
so I looked inside and, and I saw.
- (MUFFLED SCREAM)
- There was blood everywhere.
A massive amount of blood.
I saw her foot, the body,
and an axe on the floor.
Mostly just blood.
RICHARD PARKER: On the walls. The floor.
Lester couldn't tell Allan, so I did.
She left the church around 9:30.
She got back around 11:30.
Said she'd been at Betty's
and lost track of the time.
She had on a dark brown shirt,
jeans, and blue sneakers.
She seemed normal when she got back.
A little flustered over
missin' the puppet show,
but, other than that, she
was just regular Candy.
CYNTHIA: We cleaned
the house the day after,
me and some of the other neighbors.
We didn't want Allan to arrive
- home and see it that way.
- (TESTIMONY ECHOING)
(CONTINUES ECHOING)
(DRAMATIC CRESCENDO)
- (REPORTERS YELLING)
- (SHUTTERS SNAPPING)
- REPORTER 1: Mrs. Montgomery! Mrs. Montgomery!
- Not right now, folks.
Please. Thank you.
Excuse us. Not right now, folks.
(REPORTERS CONTINUE YELLING)
REPORTER 2: Mrs. Montgomery!
Do you have anything
to say for yourself?
- Excuse me.
- (SHUTTERS SNAPPING)
(DISTORTED ECHOING)
(ECHOES SWELLING, STOP)
- (MUFFLED REPORTERS YELLING)
- (SIGHS)
What the hell are you on?
I don't know what you mean.
Don't lie to me, Candy.
You're takin' somethin'. What is it?
Serax.
It helps with my nerves.
DON: You need to understand somethin'.
That kind of carnage?
Prosecution aims to
depict you as inhuman.
You looking like a zombie
plays right into their hands.
Do not get cross with me.
DON: Do not get cross?
It's the newspapers that are
callin' me a zombie and a monster.
And they all want me to break
down and act like one, don't they?
They would all just be
so thrilled if I jumped
- up and down and screamed.
- (MUFFLED YELLING CONTINUES)
I will not be giving
them that satisfaction.
DON: If you look shut-down and robotic,
- you go to jail.
- Well, I have to hold it together.
Otherwise
(INHALES SHARPLY)
(BOTH SIGH)
No more Serax, Candy.
The jury needs to see you as human.
Vulnerable.
They won't find in your
favor unless they want to.
If you need to cry, cry.
But unfeeling buys you prison.
I thought you weren't gonna talk
to me once the trial started.
- (KEYS RATTLE)
- That's the last thing I'm gonna say.
(STARTS ENGINE)
- (REPORTERS YELLING)
- (HONKING)
(HONKING)
He's probably not wrong.
- (EXHALES)
- The jury needs to see you as human.
That's not possible.
If you had any idea what was being said.
Oh, well, I-I wish I could be in there.
Well, I'm glad you're not because
I don't think that I could
look at myself through your eyes
if you were hearin' what was bein' said.
As bad as what the
newspapers are sayin', it's
(INHALES DEEPLY) Well
(INSECTS CHIRPING)
♪
You never told me
what you thought
after Don told you on the phone
what happened.
I can't imagine what you must think.
I'm not sure I want to.
(INHALES)
I'm just
grateful
that it didn't go the
other way, you know?
I mean, Betty was bigger than you.
It could have easily gone the other way.
♪
It's okay to be a little bit broken,
- (SCOFFS) No, it's not.
- Candy.
Because if I let myself be that,
I might never get back.
I'd never be unbroken.
Tomorrow's gonna be a lot worse.
All the police detectives.
(SIGHS)
(BOTH SIGH)
You just have to be
strong.
There was a time when I thought
that this was it, you know?
Everything.
Just to be able to stand
underneath the stars.
A home.
A family.
And people go lookin' for somethin'.
They don't even know what
it is. They just want.
And they go lookin'.
At the end of some rainbow, maybe.
(INHALES)
♪
PASTOR RON (ON TV): The
Lord is not just my shepherd,
but he is also Candy Montgomery's.
It comes down to goodness
and mercy in the heart.
There is both in the
heart of Candy Montgomery.
Damn, that's a good pastor.
DON (ON TV): Look, I can't
discuss the case, so I won't.
REPORTER (ON TV): Well, should
you be talking to us at all?
DON (ON TV): I can
talk about the weather.
I can talk about the Dallas Cowboys.
Not like the judge has a
problem with free speech.
After all, he's a judge, right?
- Far as that gag order, I
- Why are you baiting him?
Fat fuck. If he holds
me in contempt again,
I can argue bias on appeal.
Get a new trial on
grounds of "fat-fuck-ism"!
Only thing is we're not losin'.
They didn't even nick us today.
Tomorrow will be tougher.
(EXHALING)
- (POLICE SIREN WAILS)
- (CROWD CHATTER)
♪
(SHUTTERS SNAPPING)
CHIEF ABBOTT: It was pure carnage.
That's why I called in so much backup.
The first thing I
noticed was all the blood.
All dried and congealed.
- Caked.
- ABBOTT: Clotted.
And dried.
Means it had been there a while.
Many, many hours.
It was obvious there was a big struggle.
You have no idea who attacked who first?
I do not.
Mrs. Gore took part in the fight?
She had defensive wounds, so yes.
But whether she held the axe
DON: You solve all the
crimes, you investigate, Chief?
- No, sir.
- DON: Some are carried out
with more care than
others. That fair to say?
- Of course.
- DON: Not a lot of care in this one.
Well (NERVOUS LAUGH)
- There was blood all over.
- A lot of blood.
There were fingerprints
left by the killer.
There was hair left,
Candy's fingernail
- The murder weapon.
- And the body.
- (CHAIR SCRAPES)
- (FANS CREAKING)
If If Candy Montgomery planned
to murder Betty Gore,
can you imagine it being
carried out more ineptly?
Probably not.
And if somebody was
intent on killing somebody
and not getting themselves
killed in the process,
would using an axe
be one of the better
death instruments
to accomplish that task?
- No, sir.
- No, sir.
A killing done in broad daylight,
with Candy's car parked right out front.
Fair to say if she wanted
to get away with it,
she did a terrible job. Fair to say?
- Fair to say.
- Fair to say.
Clearly, this is no longer
a whodunit but a why-dunit.
REPORTER 1: Did they
wanna get back together?
Did she want him all for herself?
Why did she keep swinging long
after Betty Gore was neutralized?
Hammering her with that big axe.
REPORTER 2: While the defense
keeps hammering self-defense.
Whatever the defense, they've
got a big, big problem.
- DON: Forty whacks.
- (TAPPING)
Self-defense doesn't explain 40 whacks.
(MUFFLED REPORTERS YELLING OUTSIDE)
There's a reason they're
savin' the pathologist for last.
He's gonna paint a grisly picture,
shock the shit outta the jury.
And it's no coincidence they're
puttin' him up right after lunch.
All it takes is one juror
to vomit, and it's
life in prison.
Why aren't they attacking
us more in our theory?
I don't get it.
It's like their rope-a-dopin'.
ASSOCIATE: It's possible they
don't want to even dignify it.
Forty whacks, like you say,
they're gonna say
self-defense is preposterous.
He seems nice.
The prosecutor.
♪
Excuse me?
He seems like a nice man.
Candy?
Did you take Serax again?
(SIGHS)
Oh, my fucking God.
I need to hold it together.
Try and get this.
The prosecution is probably
going to rest today.
Which means you could be taking
the stage as soon as tomorrow.
Your head needs to be clear.
And focused.
Otherwise,
you're going to jail.
(INDISTINCT CHATTER)
♪
(ECHOING) Would you be
interested in having an affair?
It's just somethin'
I've been thinkin' about,
and I wanted to say it so I don't
have to think about it anymore.
BETTY (WHISPERING ECHO): Bye, Dada.
O'CONNELL: I have here
exhibits marked 22 through 29.
As I pass them for the jury to see,
I'd like you to go through
your external examination
with respect to the
injuries you observed.
DR. DIMAIO: Of course.
Starting with the right hand,
there was multiple chop-like wounds.
Incision wounds on the right forearm,
running five inches in length.
Chop-like wounds on the left upper arm,
extending into the musculature
from the top of the right
shoulder in the back,
extending five inches
down into the back.
The right thigh had two
parallel gaping chop wounds.
The right side of what was her face.
- Irregular, gaping, multiple fractures.
- (MUFFLED SCREAM)
The right eye had collapsed into
what would've been the sinuses.
Frontal scalp, right
side, a diagonal gape.
Top of the right ear, running
across the top of the head,
a wound measuring 10 inches in length,
produced by seven chop
wounds going through the bone
into the cranial vault.
Top of the head, a C-shaped wound
with the open point of
the C-directed downward.
Evidently, that blow was
produced from the top down.
So, six cluster wounds
on the right side,
which could have caused death.
The crater in the back of the head
that went through to the brain cavity
that could have caused death.
The wounds that ran
across the top of the head
could have caused death.
And also, some of the glancing
blows could have caused death
by producing some hemorrhage
inside the cranial cavity.
O'CONNELL: And, Doctor,
does the term "defensive wound"
have any significance in the
practice of your profession?
They're defined as
wounds to the extremities.
Arms and legs.
It's usually the back of the hands.
Can be the palm of the hand
or the back of the forearm,
or the back of the arm,
that a victim received
as they tried to ward off a weapon.
Would those wounds on
the arms and the wrists
and the forearms indicate
defensive-type wounds?
- Yes, sir.
- Mrs. Gore was trying to protect herself?
- Yes, sir.
- O'CONNELL: And, Doctor,
in your testimony, you said,
"On the right side
of what was her face."
- What did you mean by that?
- Half of her face.
(MURMURING)
The right side was nothing
but a mass of tissue and blood.
The eye socket and cheekbone
had been crushed into mush.
So, face, there
there really was no face.
And, Doctor, are you able to determine
whether wounds are
inflicted pre or post-mortem?
♪
- Yes, sir.
- How are you able to tell?
Well, once you're dead, you
have no more blood pressure.
When the heart stops,
there's no bleeding.
The body can leak, but that blood
won't get into the tissue,
causing it to discolor.
Now, if this occurs
while the victim is alive,
this blood will get into the tissue,
essentially like a bruise.
O'CONNELL: With respect
to Betty Gore's autopsy,
can you make any such finding
as to if any of those
blows occurred after death?
There was only one wound,
and that was on the back
of the right forearm.
So, for all those other
wounds you just described,
- Betty Gore was alive?
- Yes, sir.
As Candy Montgomery swung that axe
over and over and over and over,
for almost all of those 40 swings,
- Betty Gore was alive?
- Yes, sir.
Is it fair to say she suffered?
What do you think?
- Objection.
- Sustained.
O'CONNELL: Doctor, according
to your medical report,
there were two cranial wounds
which were pointed at the top,
but squared off at the bottom.
- Yes, sir.
- Can you explain that?
The only explanation is that
the axe would've become stuck.
The killer would've had
to wiggle it back and forth
like a woodchopper
on top of a split log.
She would have had to wiggle
it to remove it from the bone
to then continue swinging.
How do you know she
resumed swinging again?
DR. DIMAIO: Because there was
another blow that went even deeper.
That had to happen right after.
That went directly into the cerebellum.
♪
O'CONNELL: This killing, Doctor,
have you ever seen
anything like it before?
Never.
I pass the witness.
(PAPERS CRINKLE)
Mr. Crowder?
Mr. Defense Counsel, this
would be where you get to talk.
- (CHAIR SCRAPES)
- (DON CLEARS THROAT)
You testified that for
most of these blows,
- the victim was alive?
- Yes, sir.
Which means her heart was beating?
Yes, sir.
Does that mean she was conscious?
Not necessarily.
In fact, for
the kinds of blows we're talking about
on the top of the head,
there's a likelihood
(ECHOING) that for much of this,
she was unconscious.
(NORMAL) True?
- Could be true.
- (CHAIR CREAKS)
DON: Chief Abbott and
Dr. Stone testified
(ECHOING) that a great
struggle took place
between Candy Montgomery and Betty Gore.
Do any of your findings dispute this?
No.
(NORMAL) And from your examinations,
are you able to make a determination
- as to who attacked who first?
- No.
DON: Are you able to
exclude the possibility
(ECHOING) that Candy Montgomery
was attacked by Betty Gore,
and that Candy acted in self-defense?
DR. DIMAIO (ECHOING): There
is no way of me knowing that.
(NORMAL) Which means
you can't rule it out.
No.
(QUIET MURMURING)
Nothing further.
(INAUDIBLE)
Prosecution rests, Your Honor.
(DOOR OPENS)
- (DOOR SHUTS)
- Mr. Crowder,
you may call your first witness.
♪
(SIGHS)
As the hour is late, Your Honor, uh,
we would ask that we
begin in the morning.
The hour's not that late.
Call your first witness.
Approach, Your Honor?
(QUIET MURMURING)
Your Honor, my first
witness is Candy Montgomery,
and she's not ready to testify.
Why not?
DON: She took some medication
in order to calm her nerves.
She's gonna need some time.
I'll give you 10 minutes.
♪
(ECHOING, MUFFLED) She's
gonna need more than that.
We should wait and go tomorrow.
JUDGE RYAN (ECHOING, MUFFLED):
Counsel, you got 10 minutes.
Tick
Tick
Tick
(NORMAL) Tock.
("DANCE TO THE MUSIC" BY SLY
& THE FAMILY STONE PLAYING)
Dance to the music ♪
Dance to the music ♪
Dance to the music ♪
Make way! What? ♪
All we need is a drummer ♪
For people who only need a beat ♪
Yeah ♪
I'm gonna add a little guitar ♪
And make it easy to move your feet ♪
(FUNKY GUITAR RIFF)
I'm gonna add some bottom ♪
So that the dancers
they just won't hide ♪
Dance to the music,
yeah, yeah, yeah ♪
Dance to the music ♪
Dance to the music ♪
Yeah! Yeah ♪