The Trials of Cate McCall Page #5

dated November 29th, 2007.

Would you please take a look

at it, to refresh your memory?

According to that report...

Lacey Stubbs met you at the door

with a bloody face, saying...

Rusty has a butcher knife, I'm

afraid he's trying to kill me.

Is that correct?

Yes.

And do you recall coming

back to the same trailer...

Three weeks later on November 29th?

To see if Miss Stubbs was

intending to press charges?

No, I do not.

- You don't remember that?

- No, it never happened.

You don't remember pushing

your way into the trailer?

And forcing Lacey Stubbs...

- to have Anal sex with you?

- Objection.

Sustained.

Where were you, Saturday

November 29th, 2007?

I have no idea.

But you're sure you weren't

Raping Lacey Stubbs?

- Objection.

- Sustained.

Dead sure.

Do you carry a gun?

Yes, I do. Always.

May I see it?

Is it engraved in any way?

Yes, with my initials.

RAW.

Damnit.

It's okay, you sucked.

That's fine.

How do you like that?

Prosecutor wants to

negotiate on Simms.

You can't leave, I'm

about to annihilate you.

The wheels are just turning, my

dear, climbing down the innocent.

What about my closing statement?

Practice in the mirror

till I get back.

The prosecution's case

against my client...

Demands that you believe

2 incredible things.

The testimony of a known

perjurer and probable killer...

Who says that Lacey

Stubbs confessed to him...

And the dubious claims

of Hazel Cole...

Who said she heard her

daughter say Lacey did it.

Excuse me.

Is that a problem, Mr. Barker?

I'm sorry, Your Honor.

Miss Cole would like a chance

to address the court...

During my closing statement?

This is highly improper...

I saw Rusty driving passed me...

When I was coming home that morning

too, just before I found Jen.

The court should not

be considering this.

- All the testimony is in...

- Miss McCall.

If this person has information that's

Relevant to what actually happened....

I want to hear it.

Approach the bench.

Are you telling us, Mrs. Cole,

that after all this time...

You're only just now remembering...

What happened on the morning

your daughter was killed?

No...

I told Detectives at the time...

And they told me I

shouldn't dwell on it.

Detectives told you that

you shouldn't dwell on it?

Yes sir.

And I guess I put it

out of my mind and...

When that neighbor lady

said she saw him too...

I'm Christian, I try always

to tell the truth and I...

I just felt I should tell you.

I commend you for your honesty.

Something's that in short supply

in my court room as of late.

At this point, Mr. Barker, given

everything that we've heard...

Wouldn't you say it's time

to discuss some relief?

Your Honor, please.

I just need a few moments...

We have had police

detectives lying under oath.

Altering tapes,

suppressing evidence.

And now, we have the

victim's own mother.

With no reason to lie.

Telling us she saw Mr. Berkhart...

Fleeing the scene of the crime.

I repeat.

At this point, Mr. Barker.

Don't you think Miss Stubbs

is in title of some relief?

I can see how the woman is, yes.

You can make your decision

over the weekend.

Whether you want to put

on your own witnesses...

And defense this case, or not.

In the meantime, I'm going to release Miss

Stubbs into some agreed upon custody.

He's letting her go.

Don't you see?

If I saw them, it means I

got there within minutes...

It means I could have gotten there

when Jen could still speak.

No, Mrs. Cole. If you saw

Mr. Berkhart leaving the crime scene.

And told detectives, it means they

Withheld exculpatory evidence.

Thank you.

You may sit down.

Let's go.

Mrs. McCall.

Yes, Your Honor.

You're the obvious

choice for custody.

I have...

I have plans to see my daughter.

I'm sure you'll work something out.

Welcome to my perfect life.

Because I want to see her.

I don't have a car.

Just forget it.

Are you okay?

I'm out for one weekend and...

My parents won't

bring her to see me.

She's so big, I don't

even recognize her.

I miss you.

They really gonna let her go?

We'll know on Monday.

But, it looks like things

could finally go Lacey's way.

Things always go Lacey's way.

She makes sure of it.

Yeah.

I can't really talk right now.

You just got through telling us you

didn't intend to defense this case.

But to claim that she's innocent...

I have never seen a case,

in any jurisdiction...

Where there has been as much

prosecutorial misconduct.

But my point...

By my count, at least 5 state

witnesses perjured themselves.

We have obstruction of justice.

Witness tampering,

evidence disappearing.

There is a human

being sitting here.

Serving a life sentence.

Based on testimony that your

office has seen disavowed.

I find by clear and

compelling evidence...

Lacey Stubbs to be actually

innocent of first degree murder.

So she shall be

immediately released.

And I'm going to add...

She can never be tried

in this state again.

No!

Holy sh*t, we did it.

Great, Cate.

Congratulations.

See you outside.

Thank you.

Ice cream has too much sugar.

Today we're celebrating.

Why?

Because your momma helped a lady

out of a real bad situation.

My daddy says she did bad things.

People thought she did bad things.

Because mean people

told lies about her.

So your mommy went to

court and told the truth.

She made the mean

people played fair.

You made the mean

people played fair?

Yeah, baby.

Wow, I always knew you're good babe,

but you tore them up in there.

- How are you, George?

- Good.

Looks like one of us is

going back to trial.

I need you back on the team.

I'm not sure the other partners...

Everybody deserves a second chance.

Even the stone cold

killer like Lacey Stubbs.

How are you doing, buddy?

I'm fine, buddy.

Call me.

Wow, babe...

If you pay me a half a million bucks,

you can call me babe too, babe.

Here's half a million

dollars, babe.

Don't encourage him.

Can I brush his teeth?

- Not yet.

- He ate so much ice cream.

Sshh...

He's not the one

that had ice cream.

He had ice cream.

Okay.

I gotta go now, sweetie pie.

I'm gonna give you the

tiny little momma.

Here.

Take good care of

it while I'm gone.

Hey.

Stop.

I need to talk to you

about Lacey Stubbs.

I am not interested in

defending myself or the case.

My daughter is Dorrie Booth.

Do you think that there's

any chance that the...

New evidence you dug

up might help her too?

I don't actually do

criminal defense.

My daughter didn't kill anybody.

But they put her in prison for

the rest of her natural life.

What if it was your daughter?

So, the cops basically came up with a

story that they wanted people to believe.

And they sold it to the DA.

And the DA sold it to the jury.

And the jury bought it.

Hook and sinker.

Isn't that what you did?

I was under the impression that

you wanted to discuss an appeal?

Why?

Because...

I'm gonna lie to save myself.

I did what they said I did.

I held her down.

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