The Trials of Cate McCall Page #4

And they threw her life away without

so much as a backward glance.

If it can happen to her...

It can happen to anyone of us.

It can happen to me.

It can happen to you.

Guess you can't keep

a good woman down.

Walk away.

It's gonna get ugly.

What's the matter, Brinkerhoff?

Afraid I'm gonna air

your dirty laundry?

If you air mine, I'll

be force to air yours.

And we both know you

got a shitload.

Hello?

Well, the good news is

you're very photogenic.

What?

You might want to

look at the papers.

Motherf***er.

So now you know.

I'm not perfect.

I've made mistakes just

like you, big ones.

If you want to get a new lawyer,

that's your prerogative.

But I am f***ing good at what I

do, and I intend to win this.

Not just because it's

important to me.

But because I think

you're innocent.

And I think you got a raw deal.

But you said it didn't

matter if I was innocent.

It matters to me.

Dr. Miranchandi...

Once the carotid has severed...

How long can a person

remain conscious?

Without medical intervention...

Typically in matter of minutes.

So, unless Hazel Cole arrived

home within minutes...

Of her daughter being attacked...

She couldn't possibly have heard her

saying anything, is that correct?

That's correct.

A car with a kind of patchwork

paint job came toward me.

Swerving over into my lane.

Looked like he was drunk.

The driver was a

man, Miss Claymans?

Yes, he was.

Should I say who he was?

If you know.

It was Rusty Berkhart.

And you told all this

to the detectives?

I sure did.

They asked me if I'd be willing to come

to court to testify, I said I would...

But they never called me.

Are you aware of Miss Stubbs' claim

that she threw a pink garbage bag...

Containing a butcher knife with Rusty

Berkhart's fingerprints on it...

Into Dehunger River?

I can't say that I actually

heard her saying that now.

I'm reading from Lacey's

January 26th statement.

I put the knife into

a pink trash bag.

I drove over to Stoneyville

bridge and threw it in.

Is that a question?

Did police search

the Dehunger River?

I believe so, no bag was found.

And did you participate

in that search?

No, I did not.

You didn't?

No, I did not.

This is the tape of the search

the police gave to the defense.

Just before Miss Stubbs' trial.

Have you ever seen

this tape before?

I'm aware of it.

No pink bag was found.

The police were searching

for a pink bag...

Because Lacey have

told detectives...

That she had put the murder weapon with

Rusty Berkhart's fingerprints on it...

Into a pink trash bag.

And thrown it into the

Dehunger River, correct?

But we never found it.

Here's another tape.

This was wasn't shown at my

client's trial, 5 years ago.

It contains the exact same

footage of the lake search.

Only this one happens

to be a minute longer.

Any idea what that might be?

No ma'am.

But you're certain you didn't

Participate in the search?

That is correct.

So, Detective Duncan...

That's not you?

That looks like me.

Because it is you, isn't it?

What do you think that

might be, Detective?

Looks like something

caught in the branch.

A pink bag, maybe?

Oh there you are again.

Would it surprise you to learn

that the footage of the pink bag...

And the footage of you

waving at the cameraman...

To stop filming were not on the tape given

to Lacey Stubbs' counsel before the trial?

I just want to say....

After seeing this tape....

My memory is refreshed.

That bag has just.... I think....

Diapers or something.

So, now you remember the bag?

You just showed it.

Which is why you

remember it, right?

Because, your memory was refreshed.

Are you certain that the bag

contains diapers and not...

A butcher knife with Rusty

Berkhart's fingerprints on it?

I'm certain.

As certain as you were...

That you did not participate

in this search.

- Thank you.

- You're welcome.

And if the lion comes...

Daddy roars at the lion.

And chase it all the way

back to the jungle.

And if the panda comes...

Daddy would...

At the panda, and chase it all

the way back to the jungle.

And if the bear comes...

Mommy will grab that bear...

No.

Mommy can't play?

This is daddy game.

This is a photocopy of Hazel Cole's

Statement dated December 27th.

The one that you took,

is that correct?

Yes.

Do you see any mention of Hazel Cole saying

she heard her daughter said Lacey did it?

I remember her saying it.

But is it in the statement?

It's probably in a later statement.

Here's another statement that you

took, 3 weeks later on January 25th.

Is it mentioned here?

No.

If Hazel Cole have mentioned it...

As she held her dying daughter in

her arms, she had heard the words...

Lacey did it...

Is that something that you would

typically include in your report?

She probably mentioned

it at a future time.

You mean after you suggested that it may

Help you made a case against Lacey Stubbs.

- Objection.

- Sustained.

Do you remember Hazel

Cole calling you...

To say that she found an earring,

several weeks after the murder?

Yes, I do.

And do you remember Rusty Berkhart

saying the earring was his?

No, I don't remember that.

Your Honor, defense

exhibit number 17.

You recognize this?

Yeah.

What is it?

It's my earring.

Okay...

Detective Welch, do you recognize

the two voices on that tape?

Yes, I do.

It's me and Rusty Berkhart.

And who did Rusty said

the earring belong to?

- If you play the tape further on, he changes it...

- I'm not talking about after you coached him.

I'm asking you right there, when

you first asked the question.

Did Rusty Berkhart say the

earring was his? Yes or no?

Yes.

He held his gun to my throat...

Then he moved it down

between my legs...

Then he pushed it inside of me.

I could feel the cold steel in me.

While he moved it, in and out.

Can you remember anything about

the gun? What it looked like?

It had letters engraved

in the handle.

Could you read what they were?

It said RAW.

Lacey, did you know either

of the men who raped you?

One of them was friends

with Rusty, Robert Welch.

And what happened then?

He got off of me, and said

if I opened my mouth...

They would come back and do

the same thing to my kid.

Did you ever see Detective Robert

Welch Again after the rape?

He was the one who arrested me.

Thank you.

Mr. Davies, please ask our

friends in the Sheriff Office...

To locate Detective Welch.

And invite him back

into my court room.

I want to warn the prosecution.

I don't want anyone to

discuss with Mr. Welch...

What was just brought up in here.

- Call him.

- I'm on it.

Is there a problem, Mr. Barker?

Your Honor, my associate maybe on the

phone with Detective Welch right now.

What?

I asked him to call as soon

as the rape allegation...

What, a minute ago?

Obviously, this whole

thing is coming as a...

God help you if someone

coached this witness.

Do you hear me, Mr. Barker?

God help you.

I have an incident report here

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