Bull (2016) s04e06 Episode Script
Into the Mystic
1 If you could pick just one day and undo it, make it go away, make it never have happened what day would it be? How about our wedding day? I mean, that would be a very efficient choice, don't you think? Because if you could change that one day, all the other days the 18 years since would just vanish, too.
Oh, I want to go into the city.
I want to go to the apartment on Madison like we used to.
Spend the weekend in bed just ordering food and hold each other.
Come on, Rache.
You made me sell the place on Madison a decade ago.
And as for spending the weekend in bed, we got a perfectly good bed here.
And a cook.
Come on.
Whole weekend in bed? Spending an hour in bed at least with me hasn't been something you've expressed much interest in in a very long time.
And that's fine.
Although if that's what you want, I'm Do you hate me? Okay.
Somebody has had too much wine.
I'm too rich to leave, aren't I? That's the problem, isn't it? The problem is that when you're not at work, you don't know what to do with yourself and so you start drinking at 10:00 in the morning.
That's not the problem, that's the solution.
Okay.
Time for us to go back to shore.
Mm.
I don't want to go in yet.
Come on.
We'll go back.
We'll take off our clothes and we'll climb into bed, just like you wanted.
What's her name? What's whose name? The girl in your head.
The girl you'll imagine you're with while you're with me.
You are the girl in my head.
You know what would make me happy? It would make me happy to take that fire extinguisher and just smash you on the head with it.
I would enjoy that.
I can't do this anymore.
You've become a monster.
You've made me a monster.
And stop crying.
God, I hate you when you cry.
You're such a sniveling nothing of a man! The keys! Where did the keys go? I have the keys.
I told you I don't want to go in yet.
Just come away from the wheel and pour me another drink.
Good morning and, as always, we thank you for joining us.
Have you seen Peter? Do you know where Peter might be? I haven't seen him since last night.
Maybe he's still sleeping? What'd you do to your wrist? Oh.
I don't know.
It's nothing.
Pete? You awake? Peter! My friends in the legal world tell me that if you're staring at a criminal trial staring at a jury trial you are the gentlemen they would want by their side.
Are you staring at a criminal trial? This past weekend my husband Peter and I went out on our boat.
We were drinking.
And fighting.
Wh-When we finally got back to shore it was dark and Peter was not ready to get off the boat.
Intoxicated.
Yes.
I think we both were.
The last time I saw him was down below in the sleeping compartment, which was not unusual for him.
Not unusual for us.
I docked the boat, went back to the house.
Figured he'd find his way back in later that night.
When I woke up this morning, I couldn't find him.
I went down to the boat.
He wasn't there.
But there was blood.
Did you call the police? They're still out there.
Investigating.
I answered all their questions.
Without a lawyer? Yes.
Because why not? But I could tell from the way they were speaking to me, the way they were looking at me That you were a suspect.
So, you awoke this morning to discover that you didn't know where your husband was.
You called the police.
They came to your house.
And then you came to work? I didn't know where to go.
I-I wanted to look for him, but where do you look? We-we were on the water.
I want to believe he's still alive.
But alive where? Other than the fact that you were the last person to see him, is there any other reason anyone would have to suspect you of foul play? Two months ago, we threw a party at the lake house.
About a hundred people.
Peter and I got into it.
He says I get mean when I drink.
I do get mean when I drink.
Apparently, I got loud and really abusive.
Really let him have it.
Everyone saw.
Or so I was told.
Or so you were told.
Do you suffer from blackouts, Mrs.
Thomas? I don't know what that means.
I suffer from drinking too much and not always remembering everything afterward.
What happened to your wrist? Oh.
Oh, this.
I was walking my dog.
He took off after a squirrel.
Pulled me down onto the sidewalk with him.
I landed on it.
Bruised it pretty badly.
I'm sorry to interrupt, Mrs.
Thomas.
It's the medical examiner's office.
Okay.
They found the body down the shore.
Apparently, he drowned, but there's also significant blunt force trauma visible on the back of the skull.
So, here's the thing.
Almost everybody has had too much to drink at one time or another, but this "I don't remember" is not going to be an easy sell to a jury as a defense for murder.
We taking the case? She's Rachel Thomas.
She's one of the wealthiest, smartest women in all of New York.
She manages a hedge fund worth over five billion dollars.
That woman did not get to the top by being reckless.
She's one of the brightest minds to ever walk the floors of the stock exchange.
You really think the best plan she could come up with to get rid of her husband was to hit him on the head and throw him in the lake? Hell yeah, we're taking this case.
MARISSA: But there is nothing to divide.
There is nothing to buy out.
It was my apartment when we got married the first time, my apartment when we got married the second time, and it is still my apartment.
This is a civil tone.
This is as civil as my tone gets when someone is trying to take something of mine that they have no right to.
I have to go now.
Bull and Benny apologize for not joining, but they are at a bail hearing for our new client, Rachel Thomas, who, moments ago, was officially charged with second-degree murder.
They are convinced that the prosecution is gonna try to persuade the jury that the marriage was falling apart.
That Mr.
Thomas was being unfaithful, and that Rachel was enraged and killed him in a moment of passion.
- Can they prove any of that? - Well, the first part of it was definitely true.
The Thomases had enough fights in public that rounding up people to testify to their animus shouldn't be a problem.
The cheating is another matter.
Rachel is convinced of it, but from what Bull and Benny can surmise, she doesn't really have any hard evidence.
- So where does that leave us? - Well, here's the thing.
Peter didn't know it yet, but Rachel had already retained a divorce lawyer.
She had already decided to leave him.
So she really had no practical motive to kill him.
I beg to differ.
If she had divorced Peter, it would have cost her half her fortune.
It wouldn't have cost her half.
They had a prenup.
A very aggressive prenup.
Remember? Even back when they first married 18 years ago, she was a wealthy businesswoman.
He was a failed playwright.
Here it is.
It even stipulates that if he were caught cheating, he would leave the marriage with nothing.
So then doesn't it stand to reason that if we can prove that Peter was actually having an affair and that Rachel knew about it that she had no motive at all? The affair would mean she wouldn't have had to give him a dime.
When it comes to the jury, I think the key is gonna be eliminating anyone prone to rage bias.
Rage bias? What on God's earth is that? People who have rage bias tend to exhibit I am so sorry to interrupt.
Uh, Bull, could I just have a word with you outside for a moment? It'll be very brief.
What's so urgent? It's our new client.
Our bank just called.
The check she wrote for our retainer it bounced.
Are you sure? Maybe they made a mistake.
That's Rachel Thomas.
I watched her write the check myself.
It came from her personal account.
I'm just telling you what they told me.
All right.
I'll handle it.
I'll find the right moment and I will speak to her.
I am sure it's just a misunderstanding.
Sorry.
Where were we? You were explaining rage bias.
Yes.
People with this particular bias believe that those who let their emotions run away with them are a danger to themselves and others.
They won't have any trouble making the leap that because you are capable of acting out against your husband in front of a room full of people that you would also be capable of killing him.
So w-what do we do about that? All right, let's play "what if.
" Okay.
What if it's rush hour and it's raining? You're trying to get a cab, you finally hail one down, you're about to get in when someone rushes past you and tries to steal the cab away from you.
What do you do? The truth? I kick, claw, spit, bite and pull the other person's hair, and if that doesn't work We get the idea.
My kind of gal.
Your Honor, this juror is acceptable to the defense.
And that means we have our jury.
Let's break for lunch and then reconvene to hear opening statements and perhaps start calling prosecution witnesses.
So, what's your sense? My sense is we have a long way to go.
Benny, would you, uh, go across the street, get us a table? We'll meet you there.
Two things.
Uh, the check you wrote us the bank returned it.
It bounced.
Oh, my God.
Really? Mm-hmm.
I'm so sorry.
I I wrote it on my personal account, and I know this is horrifying to hear from someone who does what I do for a living, - but sometimes I don't even bother to - I'm not really concerned about it.
I know you're good for it.
Do you have any idea how upset you just got? Well, it's-it's upsetting.
It's embarrassing.
I'm-I'm Well, it's nothing compared to what we're doing here.
We're We're fighting for your life.
We're fighting for your freedom.
You're accused of killing a man, and yet you sit here in front of these people who are gonna judge you the people who are going to decide your fate and you seem not the least bit upset that the man you claim you didn't kill was taken from you little more than a week ago.
You don't look shocked, you don't look sad.
You look like you're ready to run a board meeting.
Do you miss him? Course I miss him.
I don't mean to pry, but what exactly are you writing down? It's just a note.
Remind myself to do all the things you said: look sad, look like I'm in shock.
Shall we go? Dr.
Ortiz, as the Nassau County medical examiner who first examined Peter Thomas' corpse, can you share with us the official cause of death? Mm-hmm.
Cause of death was determined to be drowning after blunt force trauma to the left temporal lobe, which is part of the head just above the ear.
And what can you tell us about Mr.
Thomas' blood alcohol content? It was quite high 25 about three times the legal limit.
Now, your report indicates that Mr.
Thomas weighed over 200 pounds.
Would the fact that he was so intoxicated have made it harder or easier for a smaller person let's say someone the size of the defendant to overpower Mr.
Thomas and then knock him over the side of the boat? Seems to me it'd make it easier.
No further questions, Your Honor.
Remember you told me how much you missed him? Wouldn't hurt to wince a bit every time you heard his name.
- Mm? - Good afternoon, Dr.
Ortiz.
Now, just to recap.
You are saying you believe someone struck Mr.
Thomas in the back of the head, creating What was it you called it? Blunt force trauma.
Exactly.
Blunt force trauma.
And then either dumped or pushed him into the water.
As I said, that's what the evidence seems to suggest.
I see.
But you haven't actually found the object that inflicted this blunt force trauma, - have you? - No, we have not.
Then how can you be so sure of the order of events? Couldn't Mr.
Thomas, who you already testified was incredibly intoxicated, simply have lost his balance, tumbled off the side of the boat and hit his head as he fell in the water? Well, that's certainly a possibility, but not nearly as likely, in my opinion.
What informed that particular opinion? The laceration to the skull appears as if it would have required a significant amount of force.
Doesn't seem like a fall into the water would get it done.
What if another boat was passing by? What if Mr.
Thomas's head kept getting smashed on the stern of his own vessel over and over again in the wake of the passing boat? Something wrong with my theory? Is it any less plausible than your theory, which is based on the assumption that my client's husband was hit with an object no one can prove even exists? He's very good.
Is the problem with my theory, Dr.
Ortiz, is that it makes Mr.
Thomas' death seem more likely the result of a drunken mishap rather than homicide? Objection, Your Honor.
Counsel is testifying.
Sustained.
The jury will disregard counselor's last statements.
Ask a question, Counselor.
Actually, I have no further questions, Your Honor.
Thank you.
Mr.
Colón, Dr.
Bull, Mrs.
Thomas, any way I could borrow your legal counsel for a moment? There's something I'd like to show them.
We just got these from the Nassau County Police.
What are we looking at? It's a fire extinguisher made especially for use on boats.
Uh, they found it in the water early this morning about 300 yards from where they discovered Peter Thomas' body the other day.
Serial number indicates it was purchased by Mr.
Thomas about four and a half years ago.
It's dented.
Consistent with the kind of dent you might expect if it were used to, say Hit someone on the head.
- Great minds.
- Mm.
There was still some blood on it, some brain matter.
Uh, we're having everything tested.
Uh, of course, it was in the water over a week, so who knows what the tests will show.
But I wanted you to be the second to know.
Dad.
Wake up.
What are you doing here? Dad? Mm.
You can't just sit in front of my door like this.
You're gonna get me in trouble.
I'm sorry.
I didn't intend to fall asleep.
Been here for hours.
What are you doing here? Well, I called you, like, 300 times.
I texted you, like, a million.
I came here to talk to you.
To tell you something.
Look, I-I know you're not gonna believe me, but I have been praying about this, baby.
I've been reading about it, I've been thinking about it.
And Anna, I know, deep in my heart, that this is wrong.
And I'm gonna keep telling you, every inch of the way, how wrong I think it is, because maybe I'll change your mind.
But if I can't change your mind, you got to know there's no way I'd let you go through this alone.
There's no way I would let you go through any of this without being right there by your side.
I promise you I do not know how that fire extinguisher got off the boat and into the water, much less with the blood and the whatever else you said was on it.
They're telling us that Peter's blood was all over it.
And your fingerprints.
Of course my fingerprints were all over it.
It belonged to me.
It-it was on my boat.
That well may be, but we can't be sure a jury is gonna see it that way.
The fire extinguisher is proof that Peter's death was no accident.
I had no reason to kill him.
But you told us your husband was having an affair.
But that's not a reason to kill someone.
That's a reason to divorce someone.
Mrs.
Thomas, we know that if your husband had cheated, you would be entitled to a divorce without any obligation to pay anything.
No alimony, no asset sharing.
Everything reverts back to you.
Exactly.
The problem is our investigators can find absolutely no evidence of any affair.
Nothing.
Not a single text message, not a single phone call, not a single credit card charge.
There's just no concrete proof.
And unfortunately, that does give you motive.
Gentlemen and lady, I am worth just shy of a billion dollars.
Are you suggesting that instead of simply divorcing my husband and living off a mere half a billion, I would choose to kill him? Really? Does does that make sense to anyone? The People would like to call Helen Potter.
Who's Helen Potter? Helen Potter she's your neighbor.
How do you know the Thomases, Ms.
Potter? We live about three houses apart.
Uh, I'm a full-timer.
It means I live there all the time.
Uh, they're up weekends and holidays.
I guess you could say we're neighbors.
And your home, like their home, sits on the lake and looks out on the water, giving you a clear view of their dock, their boat, - a good portion of the lake itself? - Yes.
What did you see on the date in question? I saw Rachel and Peter go out in the boat at around 11:00 in the morning.
Uh, but that night, when the boat returned, I only saw Rachel.
And I-I didn't see Peter at all.
And were you aware of any friction in your neighbor's marriage? I think everyone who lived in the neighborhood was aware there was friction.
Can you give the court an example? Well, this year they threw a party for Labor Day.
All the neighbors were there.
And Rachel started a fight with Peter over the fact that he was talking to other women.
At one point talking to me.
H-He tried to calm her.
But he couldn't.
She was yelling at him.
Cursing at him.
I was embarrassed for him.
So other than the fact that your house is three houses away from her house, how well would you say you know Mrs.
Thomas? Excuse me? I-I'm not sure I understand the question.
Well, I was listening to your testimony, and it sounded like you know the Thomases quite well.
So how much time would you say you've spent with the Thomases? Well, I mean they have a Labor Day party every year.
Ever been to dinner with them? No.
So, clearly, you've been to their house for their parties, has Mrs.
Thomas ever been to yours? No.
Ah.
I see.
And how about Mr.
Thomas? Oh, that's okay.
That's all right.
Let me ask a different question.
Now, you mentioned that on the night in question, you only saw Mrs.
Thomas leave the boat.
Is that correct? Yes.
Mr.
Thomas was nowhere to be seen.
But I'm sure you're aware that Mrs.
Thomas explained to the police, to the best of her knowledge, that Mr.
Thomas was in the sleeping compartment.
Okay.
I'm just not sure I believe that.
Really? Why not? Because every time they went out on the boat, it was always Peter who docked it.
Even if he ended up sleeping on the boat.
He always tied it up.
That was just his thing.
Really? Every single time? Ha! Wow.
For someone who hadn't really spent a lot of time with them, you certainly know a lot about the Thomases and their habits.
- How is that? - Objection.
Counsel is badgering the witness.
Ms.
Potter is not the one on trial here.
Your Honor, I'm not trying to badger anyone.
I'm just trying to understand how Ms.
Potter came to her conclusions when she seems to have had very little contact with my client.
Objection overruled.
Witness will answer the question.
That-That's all right.
That's all right.
Let me come at this a different way.
Ms.
Potter, on any given night, how often do you check whether the Thomases' boat is at their dock? I mean, it seems like you check quite a bit.
Wh It's not that I check.
I-I can see it from my house.
It's just something I notice.
Mm.
Well, forgive me, but isn't that a little curious, considering you live three houses down? I mean, could you see their dock from every vantage point of your home? No.
Not every vantage point.
But-But I can see it very clearly from my upper deck.
So how does that work? Do you just sit in your upper deck all day, watching whether Peter or Rachel dock the boat that evening? I mean, that is a little peculiar, wouldn't you say? Objection.
Uh, Your Honor, counsel is badgering once again.
Sustained.
Tread lightly, Mr.
Colón.
Ms.
Potter, you testified that Mrs.
Thomas had never been to your house.
How about Mr.
Thomas? And let me remind you you are still under oath.
He may have.
May have? I'm sorry.
I need a yes or a no.
Yes.
Well that changes things a bit, doesn't it? Could you please tell the court what Mr.
Thomas was doing at your house? I don't know what you're suggesting, but Peter and I were just neighbors.
I wasn't suggesting anything, Ms.
Potter.
But given where your mind went, it tells me everything I need to know.
Objection.
Argumentative.
- Sustained.
- I apologize, Your Honor.
But if it pleases the court, I just have one more question.
So, clearly you made it your business to keep an eye on Peter's comings and goings.
So did you, by any chance, go down to the Thomases' boat to check on your neighbor when you saw that Rachel docked it and went up to her house that night? Perhaps get into a fight with him over his refusal to leave his wife? No! Objection.
No foundation.
Sustained.
Mr.
Colón.
My apologies, Your Honor.
I have no further questions.
And what brings you to Nassau County? The train.
I just felt funny e-mailing or texting you this.
What am I looking at here? It's a death certificate.
A veterinary death certificate.
Remember how Rachel told you she hurt her wrist while she was walking her dog? Rachel's dog was put down about a year ago.
And, according to the vet, she never got a new one.
She lied.
You ever wonder about our client? The way she has such a tenuous grasp on her memory? The way she can't remember what happened after her fight with Peter on the boat? Mm.
It's like I said from the very beginning seems like a very convenient lapse.
Yeah.
But it's not isolated.
Today, she did not recognize her neighbor at first.
Had no idea who she was.
And now Danny tells me her dog, the one who yanked her to the ground it's how she hurt her wrist dog's been dead for a year.
- That's weird.
- Mm.
Dr.
Bull.
Mrs.
Thomas.
Anything new on my neighbor? Her prints show up on the fire extinguisher, perhaps? They did not.
Your neighbor actually has a rock-solid alibi.
And she voluntarily turned over her home security DVR and it clearly shows that she was home all day and all night while you and your husband were on the boat, but that's not what I wanted to discuss with you.
Do you know what early-onset Alzheimer's is? Anyone out there in the hall right behind me? No.
This room is soundproof, but I wouldn't want anyone to read my lips.
Yes.
I'm familiar.
It's a kind of dementia.
50 million people have it.
When I flew to Britain two and a half years ago to be tested under a pseudonym, they said mine was mild.
Mild, moderate, severe those are the stages.
I was told mine would surely move to moderate at some point, but it was impossible to say when.
I'm so sorry.
You understand that if my board of directors know about my diagnosis, I will be fired from my own company.
You've known all along.
That's why you write things down in those notebooks.
You want to make sure nothing gets away from you.
You get used to being the sharpest mind in the room, and when that mind no longer cooperates, you develop tricks.
Well for quite a while you had me fooled, and I'm a trained psychologist.
I know you mean that as some sort of compliment, but I've lived my whole life working, building, trying to create a legacy, trying to be someone people will remember.
Then you wake up one day to discover you won't even remember yourself.
I don't have close friends, never had kids.
Barely know my nieces and nephews.
I'm always working.
My husband, the one person I had any true connection to is One of the hallmarks of this disease is that people become aggressive.
They have episodes of violence that are totally out of character.
Are you suggesting I might have killed Peter? I think it's certainly a possibility.
And knowing what I know now, I'm considering making your disease a cornerstone of our defense.
You should change your plea to not guilty by reason of insanity.
You have an opinion about that? Would you and your company like to continue on as my legal team? Very much.
Then you would do well to forget everything you said here this morning, most especially that last suggestion.
Do we understand each other? Perfectly.
I'll see you in court tomorrow.
See you in court.
We have the now-famous fire extinguisher.
With blood, bits of skull and brain matter.
Does anyone know when lunch is getting here? Taylor.
You know we were all thinking it.
Shattered wine glass.
One unshattered wine glass.
Two empty bottles of wine.
One empty bottle of scotch.
And last but not least a plastic bag inside a plastic bag.
Looks like one of those bags you get from the fruit and vegetable aisle.
That doesn't make any sense.
It has, uh, traces of lime, lipstick, an eyelash and sputum.
Really? Whose sputum? According to this, Rachel's sputum.
You wanted to see me before court this morning.
Yeah.
I think we have a good shot at accomplishing our goals here.
Excellent.
When this is over when we prevail I need you to promise me you will resign.
You're entitled to your privacy, but people pay you for your judgment.
And to the extent that's compromised And if I say no? Then I'll withdraw from the case.
Benny can't.
Judge won't allow it.
But I'm the one calling the shots.
And without me, I'd say you're looking at no less than 20 years in prison.
You're a wealthy woman, Rachel.
For God's sake, own your destiny.
Don't let it own you.
Resign with dignity.
If you don't, if you manage to get away with no jail time, the truth about your condition will leak out.
It always does.
And you'll be fired.
And sued.
And everything you have spent all this time building will have been for naught.
Dr.
Miller, if you could please explain to the jury exactly who you are and what it is you do.
I am a doctor of forensic science.
I worked for the Nassau County Police Department for 25 years.
I led their forensic unit for 15 of those.
Then I retired and opened up my own private shop about five years ago, and I haven't had a day off since.
Now, when you say you opened up your own private shop, can you please explain the nature of your work.
The short version is I analyze all the elements of a given crime scene in an attempt to create a likely picture of what actually happened.
The order of events.
Why it happened.
I like to think of myself as a criminal puzzle solver.
Ah.
Excellent.
And did you have occasion to review the evidence in our case? Just came from the evidence locker.
I believe I've seen all of it.
Now, this plastic bag that you and the jury are seeing on the monitor that was recovered from the crime scene, - was it not? - Yes, sir.
Recovered, tagged and entered into evidence.
And you believe this plastic bag is of enormous significance, - don't you? - I do.
It was recovered from the boat on the port side near where the prosecution believes that the struggle between the defendant and Peter Thomas took place.
And why are we just hearing about this bag now? Well, I can't answer that.
But it appears that even though the bag was submitted for lab testing, nobody drilled down on the results because a plastic produce bag didn't figure into the narrative that police had come up with.
But you have drilled down on the lab results.
And what did they reveal? They reveal that the bag contained, in addition to lime remnants, smeared traces of lipstick, sunscreen, an eyelash and a significant amount of sputum.
I see.
And can you please explain to the jury what sputum is, in layman's terms.
It's a combination of mucus, saliva and blood usually coughed up from the lower airways.
And did you conduct a DNA comparison to determine the origin of the sputum? I didn't have to.
The police did, and it belonged to the defendant, Rachel Thomas.
And based on your knowledge and experience, how do you explain the presence of her sputum in the bag? Well, it seems to be the by-product of a physical struggle of the kind that might arise if someone had placed the bag over Mrs.
Thomas' head in an attempt to suffocate her.
Quiet, please.
Don't force me to clear the courtroom.
He tried to kill me? I believe so.
Your witness.
Dr.
Miller, everything you just described it's really just a guess, isn't it? I mean, you have no way of knowing that's what happened.
Knowing? Well, of course not.
There were no eyewitnesses, and the defendant doesn't remember what happened.
A yes or no, please.
Yes, I have no way of knowing.
All I can do is apply everything I've learned, everything I know, and combine that with the irrefutable facts in front of me, just like I've been doing for the past three decades.
Just like I've done for you over the past what is it seven or eight cases over the last few years.
No further questions, Your Honor.
We just got our first two greens.
Dr.
Allendale, we asked you to examine Rachel's mugshots, which were taken the morning Peter was discovered missing.
As a medical expert, what do you see when you look at these? Well, the first thing that jumps out at you is Mrs.
Thomas' red, puffy eyes.
Are those from crying? No, because in addition, you also have broken capillaries beneath each eye.
That combination is consistent with someone who's had their airway blocked.
Hmm.
Sort of thing that might happen if someone puts a plastic bag over your head? Precisely.
We just got our third green.
- Do tell.
- You also studied the X-rays of my client's wrist.
What did you conclude from those? Mrs.
Thomas had a sprain to the ulnar aspect of her forearm, which is almost always indicative of someone attempting to block a blow.
It's actually one of the hallmarks of a defensive injury.
A defensive injury.
I see.
Now, let's talk about the victim's injuries.
Peter's lacerations to the skull.
Now, what we're looking at here are the injuries believed to have been caused by the fire extinguisher.
What can you tell us about these? Again, to my eye, these are defensive injuries based on the angle and the speed.
My guess is that they were delivered by someone who was being restrained in some way.
Say, someone with a plastic bag over their head? It's certainly possible.
Objection.
Defense attorney is speculating, and his expert witness is swearing to it.
Objection sustained.
Mr.
Colón, I need you to bring this to some sort of conclusion.
Some sort of conclusion that isn't speculative.
Of course, Your Honor.
Absolutely, Your Honor.
Now, you keep mentioning defensive wounds, - defensive injuries.
- It all makes a lot more sense if we think of the accused as the victim and her dead husband as the attacker.
I see.
So my client as the victim and the deceased as the attacker.
Got it.
Thank you, Dr.
Allendale.
No further questions, Your Honor.
The defense rests.
I am staring at seven green.
Ladies and gentlemen of the jury, "beyond a reasonable doubt.
" That's what the prosecution told you when we began this trial, that they would prove beyond reasonable doubt that my client was guilty of second-degree murder.
Well how's this for reasonable doubt? Their victim tried to kill my client.
Why? 'Cause she loved him.
She didn't want the marriage to end.
Even though he was seeing somebody else, even though she could have ended the union without it costing her a dime.
She loved him.
And she didn't want to live without him.
Now, I'm guessing that when he finally broke down and told her it was over, she told him that if he forced her hand, he'd leave with nothing.
And that's when he decided his only option was to kill her.
Say she drank too much and fell overboard and live happily ever after with her fortune.
Well, ladies and gentlemen of the jury, you cannot convict somebody for loving their mate too much.
You cannot convict somebody for defending themselves after they've been attacked.
And you cannot convict somebody for not remembering any of it.
None of these things are a crime.
Thank you for your patience.
We are relying on your good judgment.
Thank you very much.
Ladies and gentlemen of the jury, that concludes the testimony.
- The court officer will escort you - We have nine greens, Bull.
- To the jury room, where you will begin - Nine greens.
Your deliberations.
Rachel, I have been doing this a very long time.
And while I've made it policy not to speculate about verdicts before juries actually announce them, I would be stunned if you weren't found not guilty.
That's wonderful news, Dr.
Bull.
It's an incredible relief.
Thank you.
I I can't wait to go home and tell Peter.
Knock, knock, knock.
We don't want any.
I think you might have missed this today.
The business section.
Big article about Rachel retiring, moving to London, donating a ton of money to Alzheimer's research.
- Hmm.
- I wonder wherever she got that idea.
Who'd have thunk it? I like what she says about owning your own destiny, not letting it own you.
She said that? Mm.
It's right there.
Oh.
You're right.
That is brilliant.
Wish I could come up with stuff like that.
Okay, don't make me listen to this.
- You mind if I leave? - Sure thing.
Own your own destiny.
See if I care.
Oh, I want to go into the city.
I want to go to the apartment on Madison like we used to.
Spend the weekend in bed just ordering food and hold each other.
Come on, Rache.
You made me sell the place on Madison a decade ago.
And as for spending the weekend in bed, we got a perfectly good bed here.
And a cook.
Come on.
Whole weekend in bed? Spending an hour in bed at least with me hasn't been something you've expressed much interest in in a very long time.
And that's fine.
Although if that's what you want, I'm Do you hate me? Okay.
Somebody has had too much wine.
I'm too rich to leave, aren't I? That's the problem, isn't it? The problem is that when you're not at work, you don't know what to do with yourself and so you start drinking at 10:00 in the morning.
That's not the problem, that's the solution.
Okay.
Time for us to go back to shore.
Mm.
I don't want to go in yet.
Come on.
We'll go back.
We'll take off our clothes and we'll climb into bed, just like you wanted.
What's her name? What's whose name? The girl in your head.
The girl you'll imagine you're with while you're with me.
You are the girl in my head.
You know what would make me happy? It would make me happy to take that fire extinguisher and just smash you on the head with it.
I would enjoy that.
I can't do this anymore.
You've become a monster.
You've made me a monster.
And stop crying.
God, I hate you when you cry.
You're such a sniveling nothing of a man! The keys! Where did the keys go? I have the keys.
I told you I don't want to go in yet.
Just come away from the wheel and pour me another drink.
Good morning and, as always, we thank you for joining us.
Have you seen Peter? Do you know where Peter might be? I haven't seen him since last night.
Maybe he's still sleeping? What'd you do to your wrist? Oh.
I don't know.
It's nothing.
Pete? You awake? Peter! My friends in the legal world tell me that if you're staring at a criminal trial staring at a jury trial you are the gentlemen they would want by their side.
Are you staring at a criminal trial? This past weekend my husband Peter and I went out on our boat.
We were drinking.
And fighting.
Wh-When we finally got back to shore it was dark and Peter was not ready to get off the boat.
Intoxicated.
Yes.
I think we both were.
The last time I saw him was down below in the sleeping compartment, which was not unusual for him.
Not unusual for us.
I docked the boat, went back to the house.
Figured he'd find his way back in later that night.
When I woke up this morning, I couldn't find him.
I went down to the boat.
He wasn't there.
But there was blood.
Did you call the police? They're still out there.
Investigating.
I answered all their questions.
Without a lawyer? Yes.
Because why not? But I could tell from the way they were speaking to me, the way they were looking at me That you were a suspect.
So, you awoke this morning to discover that you didn't know where your husband was.
You called the police.
They came to your house.
And then you came to work? I didn't know where to go.
I-I wanted to look for him, but where do you look? We-we were on the water.
I want to believe he's still alive.
But alive where? Other than the fact that you were the last person to see him, is there any other reason anyone would have to suspect you of foul play? Two months ago, we threw a party at the lake house.
About a hundred people.
Peter and I got into it.
He says I get mean when I drink.
I do get mean when I drink.
Apparently, I got loud and really abusive.
Really let him have it.
Everyone saw.
Or so I was told.
Or so you were told.
Do you suffer from blackouts, Mrs.
Thomas? I don't know what that means.
I suffer from drinking too much and not always remembering everything afterward.
What happened to your wrist? Oh.
Oh, this.
I was walking my dog.
He took off after a squirrel.
Pulled me down onto the sidewalk with him.
I landed on it.
Bruised it pretty badly.
I'm sorry to interrupt, Mrs.
Thomas.
It's the medical examiner's office.
Okay.
They found the body down the shore.
Apparently, he drowned, but there's also significant blunt force trauma visible on the back of the skull.
So, here's the thing.
Almost everybody has had too much to drink at one time or another, but this "I don't remember" is not going to be an easy sell to a jury as a defense for murder.
We taking the case? She's Rachel Thomas.
She's one of the wealthiest, smartest women in all of New York.
She manages a hedge fund worth over five billion dollars.
That woman did not get to the top by being reckless.
She's one of the brightest minds to ever walk the floors of the stock exchange.
You really think the best plan she could come up with to get rid of her husband was to hit him on the head and throw him in the lake? Hell yeah, we're taking this case.
MARISSA: But there is nothing to divide.
There is nothing to buy out.
It was my apartment when we got married the first time, my apartment when we got married the second time, and it is still my apartment.
This is a civil tone.
This is as civil as my tone gets when someone is trying to take something of mine that they have no right to.
I have to go now.
Bull and Benny apologize for not joining, but they are at a bail hearing for our new client, Rachel Thomas, who, moments ago, was officially charged with second-degree murder.
They are convinced that the prosecution is gonna try to persuade the jury that the marriage was falling apart.
That Mr.
Thomas was being unfaithful, and that Rachel was enraged and killed him in a moment of passion.
- Can they prove any of that? - Well, the first part of it was definitely true.
The Thomases had enough fights in public that rounding up people to testify to their animus shouldn't be a problem.
The cheating is another matter.
Rachel is convinced of it, but from what Bull and Benny can surmise, she doesn't really have any hard evidence.
- So where does that leave us? - Well, here's the thing.
Peter didn't know it yet, but Rachel had already retained a divorce lawyer.
She had already decided to leave him.
So she really had no practical motive to kill him.
I beg to differ.
If she had divorced Peter, it would have cost her half her fortune.
It wouldn't have cost her half.
They had a prenup.
A very aggressive prenup.
Remember? Even back when they first married 18 years ago, she was a wealthy businesswoman.
He was a failed playwright.
Here it is.
It even stipulates that if he were caught cheating, he would leave the marriage with nothing.
So then doesn't it stand to reason that if we can prove that Peter was actually having an affair and that Rachel knew about it that she had no motive at all? The affair would mean she wouldn't have had to give him a dime.
When it comes to the jury, I think the key is gonna be eliminating anyone prone to rage bias.
Rage bias? What on God's earth is that? People who have rage bias tend to exhibit I am so sorry to interrupt.
Uh, Bull, could I just have a word with you outside for a moment? It'll be very brief.
What's so urgent? It's our new client.
Our bank just called.
The check she wrote for our retainer it bounced.
Are you sure? Maybe they made a mistake.
That's Rachel Thomas.
I watched her write the check myself.
It came from her personal account.
I'm just telling you what they told me.
All right.
I'll handle it.
I'll find the right moment and I will speak to her.
I am sure it's just a misunderstanding.
Sorry.
Where were we? You were explaining rage bias.
Yes.
People with this particular bias believe that those who let their emotions run away with them are a danger to themselves and others.
They won't have any trouble making the leap that because you are capable of acting out against your husband in front of a room full of people that you would also be capable of killing him.
So w-what do we do about that? All right, let's play "what if.
" Okay.
What if it's rush hour and it's raining? You're trying to get a cab, you finally hail one down, you're about to get in when someone rushes past you and tries to steal the cab away from you.
What do you do? The truth? I kick, claw, spit, bite and pull the other person's hair, and if that doesn't work We get the idea.
My kind of gal.
Your Honor, this juror is acceptable to the defense.
And that means we have our jury.
Let's break for lunch and then reconvene to hear opening statements and perhaps start calling prosecution witnesses.
So, what's your sense? My sense is we have a long way to go.
Benny, would you, uh, go across the street, get us a table? We'll meet you there.
Two things.
Uh, the check you wrote us the bank returned it.
It bounced.
Oh, my God.
Really? Mm-hmm.
I'm so sorry.
I I wrote it on my personal account, and I know this is horrifying to hear from someone who does what I do for a living, - but sometimes I don't even bother to - I'm not really concerned about it.
I know you're good for it.
Do you have any idea how upset you just got? Well, it's-it's upsetting.
It's embarrassing.
I'm-I'm Well, it's nothing compared to what we're doing here.
We're We're fighting for your life.
We're fighting for your freedom.
You're accused of killing a man, and yet you sit here in front of these people who are gonna judge you the people who are going to decide your fate and you seem not the least bit upset that the man you claim you didn't kill was taken from you little more than a week ago.
You don't look shocked, you don't look sad.
You look like you're ready to run a board meeting.
Do you miss him? Course I miss him.
I don't mean to pry, but what exactly are you writing down? It's just a note.
Remind myself to do all the things you said: look sad, look like I'm in shock.
Shall we go? Dr.
Ortiz, as the Nassau County medical examiner who first examined Peter Thomas' corpse, can you share with us the official cause of death? Mm-hmm.
Cause of death was determined to be drowning after blunt force trauma to the left temporal lobe, which is part of the head just above the ear.
And what can you tell us about Mr.
Thomas' blood alcohol content? It was quite high 25 about three times the legal limit.
Now, your report indicates that Mr.
Thomas weighed over 200 pounds.
Would the fact that he was so intoxicated have made it harder or easier for a smaller person let's say someone the size of the defendant to overpower Mr.
Thomas and then knock him over the side of the boat? Seems to me it'd make it easier.
No further questions, Your Honor.
Remember you told me how much you missed him? Wouldn't hurt to wince a bit every time you heard his name.
- Mm? - Good afternoon, Dr.
Ortiz.
Now, just to recap.
You are saying you believe someone struck Mr.
Thomas in the back of the head, creating What was it you called it? Blunt force trauma.
Exactly.
Blunt force trauma.
And then either dumped or pushed him into the water.
As I said, that's what the evidence seems to suggest.
I see.
But you haven't actually found the object that inflicted this blunt force trauma, - have you? - No, we have not.
Then how can you be so sure of the order of events? Couldn't Mr.
Thomas, who you already testified was incredibly intoxicated, simply have lost his balance, tumbled off the side of the boat and hit his head as he fell in the water? Well, that's certainly a possibility, but not nearly as likely, in my opinion.
What informed that particular opinion? The laceration to the skull appears as if it would have required a significant amount of force.
Doesn't seem like a fall into the water would get it done.
What if another boat was passing by? What if Mr.
Thomas's head kept getting smashed on the stern of his own vessel over and over again in the wake of the passing boat? Something wrong with my theory? Is it any less plausible than your theory, which is based on the assumption that my client's husband was hit with an object no one can prove even exists? He's very good.
Is the problem with my theory, Dr.
Ortiz, is that it makes Mr.
Thomas' death seem more likely the result of a drunken mishap rather than homicide? Objection, Your Honor.
Counsel is testifying.
Sustained.
The jury will disregard counselor's last statements.
Ask a question, Counselor.
Actually, I have no further questions, Your Honor.
Thank you.
Mr.
Colón, Dr.
Bull, Mrs.
Thomas, any way I could borrow your legal counsel for a moment? There's something I'd like to show them.
We just got these from the Nassau County Police.
What are we looking at? It's a fire extinguisher made especially for use on boats.
Uh, they found it in the water early this morning about 300 yards from where they discovered Peter Thomas' body the other day.
Serial number indicates it was purchased by Mr.
Thomas about four and a half years ago.
It's dented.
Consistent with the kind of dent you might expect if it were used to, say Hit someone on the head.
- Great minds.
- Mm.
There was still some blood on it, some brain matter.
Uh, we're having everything tested.
Uh, of course, it was in the water over a week, so who knows what the tests will show.
But I wanted you to be the second to know.
Dad.
Wake up.
What are you doing here? Dad? Mm.
You can't just sit in front of my door like this.
You're gonna get me in trouble.
I'm sorry.
I didn't intend to fall asleep.
Been here for hours.
What are you doing here? Well, I called you, like, 300 times.
I texted you, like, a million.
I came here to talk to you.
To tell you something.
Look, I-I know you're not gonna believe me, but I have been praying about this, baby.
I've been reading about it, I've been thinking about it.
And Anna, I know, deep in my heart, that this is wrong.
And I'm gonna keep telling you, every inch of the way, how wrong I think it is, because maybe I'll change your mind.
But if I can't change your mind, you got to know there's no way I'd let you go through this alone.
There's no way I would let you go through any of this without being right there by your side.
I promise you I do not know how that fire extinguisher got off the boat and into the water, much less with the blood and the whatever else you said was on it.
They're telling us that Peter's blood was all over it.
And your fingerprints.
Of course my fingerprints were all over it.
It belonged to me.
It-it was on my boat.
That well may be, but we can't be sure a jury is gonna see it that way.
The fire extinguisher is proof that Peter's death was no accident.
I had no reason to kill him.
But you told us your husband was having an affair.
But that's not a reason to kill someone.
That's a reason to divorce someone.
Mrs.
Thomas, we know that if your husband had cheated, you would be entitled to a divorce without any obligation to pay anything.
No alimony, no asset sharing.
Everything reverts back to you.
Exactly.
The problem is our investigators can find absolutely no evidence of any affair.
Nothing.
Not a single text message, not a single phone call, not a single credit card charge.
There's just no concrete proof.
And unfortunately, that does give you motive.
Gentlemen and lady, I am worth just shy of a billion dollars.
Are you suggesting that instead of simply divorcing my husband and living off a mere half a billion, I would choose to kill him? Really? Does does that make sense to anyone? The People would like to call Helen Potter.
Who's Helen Potter? Helen Potter she's your neighbor.
How do you know the Thomases, Ms.
Potter? We live about three houses apart.
Uh, I'm a full-timer.
It means I live there all the time.
Uh, they're up weekends and holidays.
I guess you could say we're neighbors.
And your home, like their home, sits on the lake and looks out on the water, giving you a clear view of their dock, their boat, - a good portion of the lake itself? - Yes.
What did you see on the date in question? I saw Rachel and Peter go out in the boat at around 11:00 in the morning.
Uh, but that night, when the boat returned, I only saw Rachel.
And I-I didn't see Peter at all.
And were you aware of any friction in your neighbor's marriage? I think everyone who lived in the neighborhood was aware there was friction.
Can you give the court an example? Well, this year they threw a party for Labor Day.
All the neighbors were there.
And Rachel started a fight with Peter over the fact that he was talking to other women.
At one point talking to me.
H-He tried to calm her.
But he couldn't.
She was yelling at him.
Cursing at him.
I was embarrassed for him.
So other than the fact that your house is three houses away from her house, how well would you say you know Mrs.
Thomas? Excuse me? I-I'm not sure I understand the question.
Well, I was listening to your testimony, and it sounded like you know the Thomases quite well.
So how much time would you say you've spent with the Thomases? Well, I mean they have a Labor Day party every year.
Ever been to dinner with them? No.
So, clearly, you've been to their house for their parties, has Mrs.
Thomas ever been to yours? No.
Ah.
I see.
And how about Mr.
Thomas? Oh, that's okay.
That's all right.
Let me ask a different question.
Now, you mentioned that on the night in question, you only saw Mrs.
Thomas leave the boat.
Is that correct? Yes.
Mr.
Thomas was nowhere to be seen.
But I'm sure you're aware that Mrs.
Thomas explained to the police, to the best of her knowledge, that Mr.
Thomas was in the sleeping compartment.
Okay.
I'm just not sure I believe that.
Really? Why not? Because every time they went out on the boat, it was always Peter who docked it.
Even if he ended up sleeping on the boat.
He always tied it up.
That was just his thing.
Really? Every single time? Ha! Wow.
For someone who hadn't really spent a lot of time with them, you certainly know a lot about the Thomases and their habits.
- How is that? - Objection.
Counsel is badgering the witness.
Ms.
Potter is not the one on trial here.
Your Honor, I'm not trying to badger anyone.
I'm just trying to understand how Ms.
Potter came to her conclusions when she seems to have had very little contact with my client.
Objection overruled.
Witness will answer the question.
That-That's all right.
That's all right.
Let me come at this a different way.
Ms.
Potter, on any given night, how often do you check whether the Thomases' boat is at their dock? I mean, it seems like you check quite a bit.
Wh It's not that I check.
I-I can see it from my house.
It's just something I notice.
Mm.
Well, forgive me, but isn't that a little curious, considering you live three houses down? I mean, could you see their dock from every vantage point of your home? No.
Not every vantage point.
But-But I can see it very clearly from my upper deck.
So how does that work? Do you just sit in your upper deck all day, watching whether Peter or Rachel dock the boat that evening? I mean, that is a little peculiar, wouldn't you say? Objection.
Uh, Your Honor, counsel is badgering once again.
Sustained.
Tread lightly, Mr.
Colón.
Ms.
Potter, you testified that Mrs.
Thomas had never been to your house.
How about Mr.
Thomas? And let me remind you you are still under oath.
He may have.
May have? I'm sorry.
I need a yes or a no.
Yes.
Well that changes things a bit, doesn't it? Could you please tell the court what Mr.
Thomas was doing at your house? I don't know what you're suggesting, but Peter and I were just neighbors.
I wasn't suggesting anything, Ms.
Potter.
But given where your mind went, it tells me everything I need to know.
Objection.
Argumentative.
- Sustained.
- I apologize, Your Honor.
But if it pleases the court, I just have one more question.
So, clearly you made it your business to keep an eye on Peter's comings and goings.
So did you, by any chance, go down to the Thomases' boat to check on your neighbor when you saw that Rachel docked it and went up to her house that night? Perhaps get into a fight with him over his refusal to leave his wife? No! Objection.
No foundation.
Sustained.
Mr.
Colón.
My apologies, Your Honor.
I have no further questions.
And what brings you to Nassau County? The train.
I just felt funny e-mailing or texting you this.
What am I looking at here? It's a death certificate.
A veterinary death certificate.
Remember how Rachel told you she hurt her wrist while she was walking her dog? Rachel's dog was put down about a year ago.
And, according to the vet, she never got a new one.
She lied.
You ever wonder about our client? The way she has such a tenuous grasp on her memory? The way she can't remember what happened after her fight with Peter on the boat? Mm.
It's like I said from the very beginning seems like a very convenient lapse.
Yeah.
But it's not isolated.
Today, she did not recognize her neighbor at first.
Had no idea who she was.
And now Danny tells me her dog, the one who yanked her to the ground it's how she hurt her wrist dog's been dead for a year.
- That's weird.
- Mm.
Dr.
Bull.
Mrs.
Thomas.
Anything new on my neighbor? Her prints show up on the fire extinguisher, perhaps? They did not.
Your neighbor actually has a rock-solid alibi.
And she voluntarily turned over her home security DVR and it clearly shows that she was home all day and all night while you and your husband were on the boat, but that's not what I wanted to discuss with you.
Do you know what early-onset Alzheimer's is? Anyone out there in the hall right behind me? No.
This room is soundproof, but I wouldn't want anyone to read my lips.
Yes.
I'm familiar.
It's a kind of dementia.
50 million people have it.
When I flew to Britain two and a half years ago to be tested under a pseudonym, they said mine was mild.
Mild, moderate, severe those are the stages.
I was told mine would surely move to moderate at some point, but it was impossible to say when.
I'm so sorry.
You understand that if my board of directors know about my diagnosis, I will be fired from my own company.
You've known all along.
That's why you write things down in those notebooks.
You want to make sure nothing gets away from you.
You get used to being the sharpest mind in the room, and when that mind no longer cooperates, you develop tricks.
Well for quite a while you had me fooled, and I'm a trained psychologist.
I know you mean that as some sort of compliment, but I've lived my whole life working, building, trying to create a legacy, trying to be someone people will remember.
Then you wake up one day to discover you won't even remember yourself.
I don't have close friends, never had kids.
Barely know my nieces and nephews.
I'm always working.
My husband, the one person I had any true connection to is One of the hallmarks of this disease is that people become aggressive.
They have episodes of violence that are totally out of character.
Are you suggesting I might have killed Peter? I think it's certainly a possibility.
And knowing what I know now, I'm considering making your disease a cornerstone of our defense.
You should change your plea to not guilty by reason of insanity.
You have an opinion about that? Would you and your company like to continue on as my legal team? Very much.
Then you would do well to forget everything you said here this morning, most especially that last suggestion.
Do we understand each other? Perfectly.
I'll see you in court tomorrow.
See you in court.
We have the now-famous fire extinguisher.
With blood, bits of skull and brain matter.
Does anyone know when lunch is getting here? Taylor.
You know we were all thinking it.
Shattered wine glass.
One unshattered wine glass.
Two empty bottles of wine.
One empty bottle of scotch.
And last but not least a plastic bag inside a plastic bag.
Looks like one of those bags you get from the fruit and vegetable aisle.
That doesn't make any sense.
It has, uh, traces of lime, lipstick, an eyelash and sputum.
Really? Whose sputum? According to this, Rachel's sputum.
You wanted to see me before court this morning.
Yeah.
I think we have a good shot at accomplishing our goals here.
Excellent.
When this is over when we prevail I need you to promise me you will resign.
You're entitled to your privacy, but people pay you for your judgment.
And to the extent that's compromised And if I say no? Then I'll withdraw from the case.
Benny can't.
Judge won't allow it.
But I'm the one calling the shots.
And without me, I'd say you're looking at no less than 20 years in prison.
You're a wealthy woman, Rachel.
For God's sake, own your destiny.
Don't let it own you.
Resign with dignity.
If you don't, if you manage to get away with no jail time, the truth about your condition will leak out.
It always does.
And you'll be fired.
And sued.
And everything you have spent all this time building will have been for naught.
Dr.
Miller, if you could please explain to the jury exactly who you are and what it is you do.
I am a doctor of forensic science.
I worked for the Nassau County Police Department for 25 years.
I led their forensic unit for 15 of those.
Then I retired and opened up my own private shop about five years ago, and I haven't had a day off since.
Now, when you say you opened up your own private shop, can you please explain the nature of your work.
The short version is I analyze all the elements of a given crime scene in an attempt to create a likely picture of what actually happened.
The order of events.
Why it happened.
I like to think of myself as a criminal puzzle solver.
Ah.
Excellent.
And did you have occasion to review the evidence in our case? Just came from the evidence locker.
I believe I've seen all of it.
Now, this plastic bag that you and the jury are seeing on the monitor that was recovered from the crime scene, - was it not? - Yes, sir.
Recovered, tagged and entered into evidence.
And you believe this plastic bag is of enormous significance, - don't you? - I do.
It was recovered from the boat on the port side near where the prosecution believes that the struggle between the defendant and Peter Thomas took place.
And why are we just hearing about this bag now? Well, I can't answer that.
But it appears that even though the bag was submitted for lab testing, nobody drilled down on the results because a plastic produce bag didn't figure into the narrative that police had come up with.
But you have drilled down on the lab results.
And what did they reveal? They reveal that the bag contained, in addition to lime remnants, smeared traces of lipstick, sunscreen, an eyelash and a significant amount of sputum.
I see.
And can you please explain to the jury what sputum is, in layman's terms.
It's a combination of mucus, saliva and blood usually coughed up from the lower airways.
And did you conduct a DNA comparison to determine the origin of the sputum? I didn't have to.
The police did, and it belonged to the defendant, Rachel Thomas.
And based on your knowledge and experience, how do you explain the presence of her sputum in the bag? Well, it seems to be the by-product of a physical struggle of the kind that might arise if someone had placed the bag over Mrs.
Thomas' head in an attempt to suffocate her.
Quiet, please.
Don't force me to clear the courtroom.
He tried to kill me? I believe so.
Your witness.
Dr.
Miller, everything you just described it's really just a guess, isn't it? I mean, you have no way of knowing that's what happened.
Knowing? Well, of course not.
There were no eyewitnesses, and the defendant doesn't remember what happened.
A yes or no, please.
Yes, I have no way of knowing.
All I can do is apply everything I've learned, everything I know, and combine that with the irrefutable facts in front of me, just like I've been doing for the past three decades.
Just like I've done for you over the past what is it seven or eight cases over the last few years.
No further questions, Your Honor.
We just got our first two greens.
Dr.
Allendale, we asked you to examine Rachel's mugshots, which were taken the morning Peter was discovered missing.
As a medical expert, what do you see when you look at these? Well, the first thing that jumps out at you is Mrs.
Thomas' red, puffy eyes.
Are those from crying? No, because in addition, you also have broken capillaries beneath each eye.
That combination is consistent with someone who's had their airway blocked.
Hmm.
Sort of thing that might happen if someone puts a plastic bag over your head? Precisely.
We just got our third green.
- Do tell.
- You also studied the X-rays of my client's wrist.
What did you conclude from those? Mrs.
Thomas had a sprain to the ulnar aspect of her forearm, which is almost always indicative of someone attempting to block a blow.
It's actually one of the hallmarks of a defensive injury.
A defensive injury.
I see.
Now, let's talk about the victim's injuries.
Peter's lacerations to the skull.
Now, what we're looking at here are the injuries believed to have been caused by the fire extinguisher.
What can you tell us about these? Again, to my eye, these are defensive injuries based on the angle and the speed.
My guess is that they were delivered by someone who was being restrained in some way.
Say, someone with a plastic bag over their head? It's certainly possible.
Objection.
Defense attorney is speculating, and his expert witness is swearing to it.
Objection sustained.
Mr.
Colón, I need you to bring this to some sort of conclusion.
Some sort of conclusion that isn't speculative.
Of course, Your Honor.
Absolutely, Your Honor.
Now, you keep mentioning defensive wounds, - defensive injuries.
- It all makes a lot more sense if we think of the accused as the victim and her dead husband as the attacker.
I see.
So my client as the victim and the deceased as the attacker.
Got it.
Thank you, Dr.
Allendale.
No further questions, Your Honor.
The defense rests.
I am staring at seven green.
Ladies and gentlemen of the jury, "beyond a reasonable doubt.
" That's what the prosecution told you when we began this trial, that they would prove beyond reasonable doubt that my client was guilty of second-degree murder.
Well how's this for reasonable doubt? Their victim tried to kill my client.
Why? 'Cause she loved him.
She didn't want the marriage to end.
Even though he was seeing somebody else, even though she could have ended the union without it costing her a dime.
She loved him.
And she didn't want to live without him.
Now, I'm guessing that when he finally broke down and told her it was over, she told him that if he forced her hand, he'd leave with nothing.
And that's when he decided his only option was to kill her.
Say she drank too much and fell overboard and live happily ever after with her fortune.
Well, ladies and gentlemen of the jury, you cannot convict somebody for loving their mate too much.
You cannot convict somebody for defending themselves after they've been attacked.
And you cannot convict somebody for not remembering any of it.
None of these things are a crime.
Thank you for your patience.
We are relying on your good judgment.
Thank you very much.
Ladies and gentlemen of the jury, that concludes the testimony.
- The court officer will escort you - We have nine greens, Bull.
- To the jury room, where you will begin - Nine greens.
Your deliberations.
Rachel, I have been doing this a very long time.
And while I've made it policy not to speculate about verdicts before juries actually announce them, I would be stunned if you weren't found not guilty.
That's wonderful news, Dr.
Bull.
It's an incredible relief.
Thank you.
I I can't wait to go home and tell Peter.
Knock, knock, knock.
We don't want any.
I think you might have missed this today.
The business section.
Big article about Rachel retiring, moving to London, donating a ton of money to Alzheimer's research.
- Hmm.
- I wonder wherever she got that idea.
Who'd have thunk it? I like what she says about owning your own destiny, not letting it own you.
She said that? Mm.
It's right there.
Oh.
You're right.
That is brilliant.
Wish I could come up with stuff like that.
Okay, don't make me listen to this.
- You mind if I leave? - Sure thing.
Own your own destiny.
See if I care.