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Jury selection begins today in the murder trial

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of Texas housewife Candy Montgomery.

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Almost four months to the day that Betty Gore,

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30-year-old mother of two, was found chopped to death

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in her own home.

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The trial itself is expected to start tomorrow,

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when the prosecution swears in its first witness.

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Knock, knock!

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Hey.

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How we doin'?

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Got any big plans for today?

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- I really do love the hair. - Thank you.

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You are gonna be okay, honey.

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I don't think I've ever felt so dependent on other people

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as I do right now.

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Hey, Sherry.

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- Hey, Pat. - Pat, do you think I look okay?

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This is what Don Crowder wants me to wear.

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Yeah. Yeah, you look fine.

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How are you doin', Pat?

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I'm good. Good.

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You know, it's--

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I'll get it.

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Hey.

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We set?

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All right.

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Hey, why can't I go inside with her?

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Only the parties and lawyers can get side access.

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Sorry.

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- I'll be right behind you. - I know you will.

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Okay.

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Sherry, make sure that the kids don't watch the news.

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- Of course. I promise. - Okay.

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- Doing all right? - Oh yeah, fine. How are you?

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Good.

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As you can see behind me, people are lining up to get in.

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This is clearly the hottest ticket in what is normally a sleepy town.

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The reason Judge Ryan moved it to the old courthouse,

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it holds more people.

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What do Texas prisons look like?

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There are two women's prisons.

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I think that's her!

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There's one that you definitely do not want to go to.

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The other one is not that bad.

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How do they decide which one you go to?

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You'd go to the good one.

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Oh, my God.

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Oh, my God. I don't think I can do this.

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Yes, you will.

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We may ask you a bunch of questions.

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The idea is to wind up with 12 impartial jurors

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who can evaluate the evidence in an unbiased manner.

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Now, if you're not selected, don't take it personally.

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It's very important that you understand not just what this proceeding is about,

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but also what it's not about.

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It's not a personality contest

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or a question of who you think should win or lose

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or does the best job.

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The best job is the decision you make on the evidence,

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and only the evidence that you hear in this courtroom.

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Now, Judge Ryan has gone over the outline

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of what the indictment is to you in a murder case.

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The ultimate fact issue to be proved to a jury

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is that a defendant killed the deceased.

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Alright then. We're gonna let Mr. Crowder make a remark or two. Mr. Crowder?

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My name is Don Crowder.

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First, I'd like to thank each and every one of you for bein' here.

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Your commitment to public service.

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There is no greater strand of fabric to criminal justice,

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to democracy itself, than jury duty.

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Now

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it's not proper for me to discuss the facts

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with you at this time.

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Mr. O'Connell didn't talk about 'em either.

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But

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there is somethin' I've gotta tell you now

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for me to be able to discuss the law.

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On Friday, June 13th, 1980,

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Candace Montgomery killed Betty Gore.

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She did so with an axe.

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And she did so in self-defense.

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We haven't chosen to try our case in the papers,

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which is why you've never heard that before.

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But we've got quite a story to tell.

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You're gonna hear what happened that day, June 13th, and guess what?

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You're gonna hear it from the only living person who was there.

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Candy Montgomery will take the stand.

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She'll tell you exactly what happened.

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Of course, a few of them were stunned. Who wouldn't be?

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The truth can be a shocking thing.

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Y'all better buckle up.

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For anyone comin' to this with preconceived notions,

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buckle up and get ready.

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That's all I got.

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Ron.

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Listen.

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Seems they're not gonna let you in the room

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since you might be a witness.

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Unfortunate, because it's very important the jury know from the get-go

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that God is in Candy's corner.

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That truth shouldn't have to wait till you testify.

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It would be good for the jury to hear from God, Pastor,

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even if it's on television.

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- I understand. - Good man.

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Hey.

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- Pat. Hey. - Don.

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Chin up, man.

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A lot of folks gonna be takin' their cues from you.

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Come on, now.

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It's just everybody's looking at me like I've been

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cuckolded, and the whole world--

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Okay, look.

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Doesn't matter if she fucked 100 men.

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Long as she doesn't do it again, right?

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And she won't.

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Come on now.

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Chin up.

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I'm sure it'll be on the news.

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They're saying that Betty tried to kill that woman.

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- I guess so. - Well, that just--

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That just doesn't make sense.

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That's something you'd say right away.

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"I had to do it." Four months?

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Yeah. Yeah.

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Well, I'm coming down there for the trial.

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Bertha, she

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she can't bring herself to.

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But I'm coming.

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Okay.

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Alright. Bye.

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Everybody's being just so quiet.

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With Halloween right around the corner? Ian?

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Honey, will we be going with "Star Wars" again?

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I don't know. Everybody's "Star Wars."

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Sally Reynolds, she says she wants to go as you

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but her parents won't let her.

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That's not appropriate dinner talk at the table, young lady.

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You think it was wise for Don to just announce

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that you did it like that?

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We agreed.

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No trial talk either.

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I'm just worried he may not be up for this.

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You know what? I'll get that.

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Hi, Jackie.

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Can you and I have a private word?

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Well, if I knew that you were comin', I could have put a--

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She tried to kill you. That's your story?

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Yeah. It's true.

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I refuse to believe that.

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Why did you keep that from me?

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I had to. Don said--

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Don said, did he?

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You know, I never lied to you.

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Yes, you did!

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I asked you point-blank, and you lied to me!

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I didn't murder Betty Gore. You have to believe me.

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No.

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I don't.

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It would be good if you were there for me.

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At trial.

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That won't be happenin', Candy.

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I drove six hours.

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If I go in and come right back out?

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I just wanna see her.

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Sorry, ma'am.

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Before we all get started, I have one other matter.

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Counsel will recall that on the 12th day of July,

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this court issued an order restricting counsel

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from talkin' to the media.

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After jury selection yesterday,

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seems Mr. Crowder held himself a little presser,

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jabberin' on to whoever was handy to listen.

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Likely 'cause you've never tried yourself a criminal case before.

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Anything you'd like to say to me, Mr. Crowder?

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Your Honor, I thought that the order had been lifted.

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Especially since last Friday,

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you invited the media into your chambers for a photo shoot.

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I might also ask--

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You're not asking this court a question, Mr. Crowder.

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I asked you if you would like to make a statement.

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And I'm responding.

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It was my impression that the gag order was lifted.

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Well, you got that wrong.

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This court finds you in contempt for violation of its order

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that was entered on the 11th day of July, 1980.

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This thing isn't about your limelight, Mr. Crowder.

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Ain't that the pot calling the kettle a grandstander?

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Movin' the trial to this buildin',

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so you could get yourself on television.

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Your punishment is assessed at a $100 fine, plus costs,

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plus 24 hours in the Collin County jail.

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- Are you kiddin' me? - Out of abundance of precaution,

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so your confinement will not interfere

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with your proper representation of your client,

195
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I will suspend the issue of that commitment

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until the day next preceding the conclusion of this trial

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at which time a writ of commitment will issue.

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Well, howdy-doody, Judge.

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What did you say?

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Bring in the jury.

201
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Prosecution calls Allan Gore.

202
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I'd been calling her all day.

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And I knew something wasn't right with her not answering.

204
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And at some point, you called your neighbor, Richard Parker?

205
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Yes, I made several calls and asked

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that he go look.

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Look in the house.

208
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And what, if anything, did he find?

209
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They found Betty dead. I was told that she was shot.

210
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Who told you she'd been shot dead?

211
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Jerry McMahan.

212
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After Jerry McMahan told you Betty'd been shot,

213
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did you make any further calls?

214
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I

215
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called Candace Montgomery.

216
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What, if anything, did you tell her?

217
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I told her

218
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Betty'd been killed.

219
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After you told the defendant that your wife had been killed,

220
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what response, if any, did she make?

221
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It seemed like a normal shock reaction.

222
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She didn't say that she killed Betty

223
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in self-defense with an axe?

224
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No.

225
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Your Honor, may I approach?

226
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Let me show you what's been marked for identification

227
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as State's Exhibit number K6.

228
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Let me ask you to look at that exhibit.

229
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Tell the jury whether that looks familiar to you.

230
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It looks like my axe.

231
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Do you see anything other than what may be on it

232
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that would be inconsistent with being your axe?

233
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No.

234
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Now.

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Sir. You know the defendant?

236
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- Yes. - And, at some point,

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you two became involved in a sexual affair?

238
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Yes, in the fall of 1978.

239
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Over what period of time did you two engage in a sexual affair?

240
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From about early December '78 until October '79.

241
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- What caused it to stop? - It stopped

242
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because I decided I didn't feel like I could share myself

243
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with Candy.

244
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I wanted to concentrate on my own family.

245
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Had you told your wife about the relationship with the defendant?

246
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No, I did not.

247
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Did you have any reason to believe Betty knew about the affair?

248
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No, I did not.

249
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But you can't rule it out, that Betty could've known.

250
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I can't rule it out. No.

251
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And on June 13th, the morning of, how did she seem? Your wife.

252
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She was a bit agitated. I was going away on a business trip.

253
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And that would always unsettle her.

254
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Unsettled. Agitated. Was she depressed?

255
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Perhaps.

256
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She'd battled depression before.

257
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She had some postpartum.

258
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Plus, as I said, when I would travel--

259
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And on the morning of June 13th,

260
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did she seem agitated or depressed over anything,

261
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besides your goin' away on a business trip?

262
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Yes, she

263
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she thought she might be pregnant.

264
00:18:52,297 --> 00:18:55,175
And this was causing her stress?

265
00:18:57,094 --> 00:18:59,137
- Yes. - In fact, you were a bit worried

266
00:18:59,137 --> 00:19:01,139
about Betty and her state of mind that day.

267
00:19:01,139 --> 00:19:06,061
So much so that, as you testified, you made repeated calls

268
00:19:06,061 --> 00:19:07,855
to check on her. From the airport,

269
00:19:07,855 --> 00:19:09,940
your hotel. You repeatedly called.

270
00:19:10,983 --> 00:19:12,359
- I did. - And sir,

271
00:19:12,359 --> 00:19:16,113
on the night of your wife's death, when you called the Montgomery House,

272
00:19:16,113 --> 00:19:19,533
did you tell Mrs. Montgomery that you were very concerned

273
00:19:19,533 --> 00:19:21,660
that your wife had committed suicide?

274
00:19:23,412 --> 00:19:25,205
I don't recall saying that

275
00:19:25,998 --> 00:19:28,625
but the thought had entered my mind. Yes.

276
00:19:29,710 --> 00:19:33,130
She could have very dark thoughts, your wife.

277
00:19:33,589 --> 00:19:34,506
Yes.

278
00:19:36,800 --> 00:19:38,677
Your wife and Candy Montgomery

279
00:19:38,677 --> 00:19:40,220
- were friends? - They were.

280
00:19:40,846 --> 00:19:43,265
- Fair to say they were good friends? - Yes.

281
00:19:44,349 --> 00:19:49,897
And prior to June 13th, 1980, had you ever been aware of any cross words

282
00:19:49,897 --> 00:19:51,315
between Betty and Candy?

283
00:19:51,940 --> 00:19:54,860
- No. - Had they had any physical fight

284
00:19:54,860 --> 00:19:57,321
before June 13th, 1980?

285
00:19:58,071 --> 00:20:00,324
- No. - Any verbal altercation?

286
00:20:00,991 --> 00:20:03,619
- No. - Can you think of any reason

287
00:20:03,619 --> 00:20:06,622
why Candy would wanna harm your wife?

288
00:20:07,372 --> 00:20:08,290
No.

289
00:20:12,586 --> 00:20:16,465
Your relationship with Candy Montgomery.

290
00:20:17,674 --> 00:20:20,093
This started out as an affair of the flesh?

291
00:20:20,093 --> 00:20:20,928
Yes.

292
00:20:21,553 --> 00:20:23,138
Did it end up being something different?

293
00:20:23,138 --> 00:20:26,183
We became very good friends.

294
00:20:26,183 --> 00:20:29,436
This was not any torrid love thing, was it?

295
00:20:29,436 --> 00:20:31,188
- No. - You never discussed

296
00:20:31,188 --> 00:20:33,231
marriage or running away from your families?

297
00:20:34,733 --> 00:20:35,567
No.

298
00:20:35,567 --> 00:20:37,653
Never talked about gettin' divorced from your spouses?

299
00:20:39,863 --> 00:20:42,282
- Never. - This was not some

300
00:20:43,116 --> 00:20:45,619
whirlwind romance.

301
00:20:45,619 --> 00:20:47,663
In fact, sometimes during your rendezvous,

302
00:20:47,663 --> 00:20:49,331
you two wouldn't even have sex.

303
00:20:50,415 --> 00:20:51,625
You'd just talk.

304
00:20:52,376 --> 00:20:53,794
That's correct.

305
00:20:54,544 --> 00:20:56,922
Fact of the matter is, Mr. Gore,

306
00:20:56,922 --> 00:20:59,716
neither one of you were very good at this, were you?

307
00:21:01,385 --> 00:21:02,344
No.

308
00:21:02,344 --> 00:21:05,847
And when it finally petered out, were there hard feelings?

309
00:21:07,182 --> 00:21:09,393
- No. - Not by you? Not by Candy?

310
00:21:10,310 --> 00:21:12,229
- No. - She wasn't tryin' to get back with you?

311
00:21:13,105 --> 00:21:16,900
- No. - Does it make any sense to you whatsoever

312
00:21:16,900 --> 00:21:20,112
that Candace Montgomery would have got in her car

313
00:21:20,654 --> 00:21:22,614
on June 13th, 1980,

314
00:21:22,614 --> 00:21:25,325
and drove to your house to murder your wife

315
00:21:25,325 --> 00:21:27,411
for the purpose of getting you back?

316
00:21:28,537 --> 00:21:31,248
- No. - Murder her for any reason?

317
00:21:31,873 --> 00:21:32,624
No.

318
00:21:33,166 --> 00:21:39,131
Now, you testified that the axe was hanging in your garage

319
00:21:39,131 --> 00:21:41,758
on the morning of June 13th when you left.

320
00:21:44,094 --> 00:21:46,471
To my knowledge, yes.

321
00:21:46,471 --> 00:21:48,849
And, to your knowledge, had Candy Montgomery

322
00:21:48,849 --> 00:21:53,103
ever been in your garage prior to June 30th, 1980?

323
00:21:53,103 --> 00:21:56,189
- Not to my knowledge. - To your knowledge,

324
00:21:56,189 --> 00:22:00,944
would she have any reason to know there was an axe in your garage?

325
00:22:00,944 --> 00:22:01,903
No.

326
00:22:02,571 --> 00:22:04,531
Your wife, of course, knew

327
00:22:05,907 --> 00:22:08,452
the axe was in your garage.

328
00:22:12,289 --> 00:22:13,415
Yes.

329
00:22:15,876 --> 00:22:18,086
You might as well have been a defense witness.

330
00:22:19,296 --> 00:22:21,882
I was under oath. I had to tell the truth.

331
00:22:21,882 --> 00:22:24,217
Pity you don't remember the oath that you took with Betty.

332
00:22:28,847 --> 00:22:30,599
Well, that's not fair.

333
00:22:30,599 --> 00:22:31,975
She's dead, Allan.

334
00:22:34,728 --> 00:22:37,147
She got chopped up with an axe

335
00:22:38,190 --> 00:22:42,235
which never would have happened if you hadn't cheated on her.

336
00:22:44,029 --> 00:22:45,572
And the woman who did this?

337
00:22:49,159 --> 00:22:50,869
You helped her today.

338
00:22:53,288 --> 00:22:54,831
Was that the plan?

339
00:22:55,665 --> 00:22:57,709
No, it was not the plan.

340
00:22:57,709 --> 00:23:00,712
You looked at that bloody axe

341
00:23:01,838 --> 00:23:03,882
and you had no reaction.

342
00:23:05,217 --> 00:23:07,260
You showed no remorse.

343
00:23:13,100 --> 00:23:14,518
Betty's dead.

344
00:23:23,068 --> 00:23:24,986
Why doesn't that bother you?

345
00:23:32,494 --> 00:23:34,913
We weren't getting along too well.

346
00:23:41,253 --> 00:23:43,922
I still think they were in on it together.

347
00:23:43,922 --> 00:23:46,383
He probably told her exactly where she could find that axe.

348
00:23:50,762 --> 00:23:51,847
Stop your nonsense.

349
00:23:53,098 --> 00:23:55,892
Well, honest to God, Sherry, sometimes I wonder

350
00:23:55,892 --> 00:23:58,186
if you were in on it, too. The way you protect her.

351
00:23:58,186 --> 00:24:01,022
I said stop your nonsense

352
00:24:01,022 --> 00:24:02,232
and I mean it.

353
00:24:09,948 --> 00:24:11,491
This way, ladies.

354
00:24:11,491 --> 00:24:12,450
Okay. Thanks.

355
00:24:23,587 --> 00:24:26,798
Oh, my goodness. This may be my best batch yet.

356
00:24:26,798 --> 00:24:29,217
Get some butter on them while they're hot.

357
00:24:29,217 --> 00:24:31,094
What else did he say? Don.

358
00:24:31,094 --> 00:24:32,971
- About how it went. - Well, I told you,

359
00:24:32,971 --> 00:24:35,473
Don's not much talkin' to me.

360
00:24:35,473 --> 00:24:36,892
Yeah, why?

361
00:24:37,684 --> 00:24:40,270
Because he evidently likes to keep his distance

362
00:24:40,270 --> 00:24:41,938
when the actual trial starts.

363
00:24:41,938 --> 00:24:45,150
But, Robert said it went very well.

364
00:24:45,859 --> 00:24:47,903
Can I have a popover before grace?

365
00:24:47,903 --> 00:24:49,571
No, you may not,

366
00:24:49,571 --> 00:24:52,657
but let's get grace over with before that popover gets cold.

367
00:24:54,242 --> 00:24:56,286
We'd like to thank you, dear God,

368
00:24:56,286 --> 00:24:58,955
for this food which we are about to receive,

369
00:24:58,955 --> 00:25:01,166
and thank you for your love.

370
00:25:01,791 --> 00:25:04,878
And for givin' me strength. Amen.

371
00:25:04,878 --> 00:25:06,504
Amen.

372
00:25:11,426 --> 00:25:13,887
I don't understand why I can't be in the room.

373
00:25:13,887 --> 00:25:18,975
Because the judge said so, Pat. Do you not listen?

374
00:25:18,975 --> 00:25:22,896
No witnesses or potential witnesses, which you would be.

375
00:25:23,521 --> 00:25:25,857
So can we now just try and enjoy our supper,

376
00:25:25,857 --> 00:25:29,486
which happens to include some of my finest popovers ever?

377
00:25:30,487 --> 00:25:32,781
Can I ask one trial question?

378
00:25:34,241 --> 00:25:36,117
Is it hard?

379
00:25:38,328 --> 00:25:41,581
Yes, sweetie. It's very hard.

380
00:25:42,874 --> 00:25:46,795
But, life is sometimes 'cause it's meant to be.

381
00:25:46,795 --> 00:25:48,922
And we forge on.

382
00:25:53,009 --> 00:25:54,594
Right?

383
00:25:55,470 --> 00:25:57,264
We forge on.

384
00:25:58,682 --> 00:26:03,311
We first saw the blood in the bathroom, and then we heard the baby.

385
00:26:03,311 --> 00:26:04,187
Bethany.

386
00:26:05,105 --> 00:26:06,022
She was in her crib,

387
00:26:06,564 --> 00:26:08,066
crying, covered in her feces.

388
00:26:08,066 --> 00:26:09,734
She'd been there a long time.

389
00:26:09,734 --> 00:26:13,989
Door was partially open, so I looked inside and, and I saw.

390
00:26:14,906 --> 00:26:15,949
There was blood everywhere.

391
00:26:15,949 --> 00:26:17,659
A massive amount of blood.

392
00:26:17,659 --> 00:26:20,954
I saw her foot, the body, and an axe on the floor.

393
00:26:21,496 --> 00:26:23,290
Mostly just blood.

394
00:26:23,290 --> 00:26:25,292
On the walls. The floor.

395
00:26:25,292 --> 00:26:28,753
Lester couldn't tell Allan, so I did.

396
00:26:28,753 --> 00:26:31,006
She left the church around 9:30.

397
00:26:31,006 --> 00:26:33,717
She got back around 11:30.

398
00:26:33,717 --> 00:26:36,594
Said she'd been at Betty's and lost track of the time.

399
00:26:36,594 --> 00:26:39,681
She had on a dark brown shirt,

400
00:26:39,681 --> 00:26:42,517
jeans, and blue sneakers.

401
00:26:42,517 --> 00:26:44,728
She seemed normal when she got back.

402
00:26:44,728 --> 00:26:47,897
A little flustered over missin' the puppet show,

403
00:26:47,897 --> 00:26:49,691
but, other than that, she was just regular Candy.

404
00:26:49,691 --> 00:26:53,945
We cleaned the house the day after, me and some of the other neighbors.

405
00:26:53,945 --> 00:26:56,906
We didn't want Allan to arrive home and see it that way.

406
00:27:16,259 --> 00:27:19,012
- Mrs. Montgomery! Mrs. Montgomery! - Not right now, folks.

407
00:27:19,012 --> 00:27:20,138
Please. Thank you.

408
00:27:20,138 --> 00:27:22,265
Excuse us. Not right now, folks.

409
00:27:25,602 --> 00:27:29,064
Mrs. Montgomery! Do you have anything to say for yourself?

410
00:27:29,564 --> 00:27:30,648
Excuse me.

411
00:27:39,574 --> 00:27:41,159
What the hell are you on?

412
00:27:42,952 --> 00:27:43,870
I don't know what you mean.

413
00:27:44,537 --> 00:27:45,872
Don't lie to me, Candy.

414
00:27:47,791 --> 00:27:49,417
You're takin' somethin'. What is it?

415
00:27:50,210 --> 00:27:53,588
Serax. It helps with my nerves.

416
00:27:53,588 --> 00:27:57,967
You need to understand somethin' That kind of carnage?

417
00:27:57,967 --> 00:28:00,970
Prosecution aims to depict you as inhuman.

418
00:28:00,970 --> 00:28:03,765
You looking like a zombie plays right into their hands.

419
00:28:03,765 --> 00:28:05,850
Do not get cross with me.

420
00:28:05,850 --> 00:28:07,519
Do not get cross?

421
00:28:07,519 --> 00:28:12,232
It's the newspapers that are callin' me a zombie and a monster.

422
00:28:12,232 --> 00:28:14,901
And they all want me to break down and act like one, don't they?

423
00:28:15,777 --> 00:28:18,154
They would all just be so thrilled if I jumped

424
00:28:18,154 --> 00:28:19,781
up and down and screamed.

425
00:28:21,324 --> 00:28:24,744
I will not be giving them that satisfaction.

426
00:28:24,744 --> 00:28:26,871
If you look shut-down and robotic,

427
00:28:26,871 --> 00:28:29,165
- you go to jail. - Well, I have to hold it together.

428
00:28:30,083 --> 00:28:31,501
Otherwise...

429
00:28:39,342 --> 00:28:45,098
No more Serax, Candy. The jury needs to see you as human.

430
00:28:45,098 --> 00:28:46,808
Vulnerable.

431
00:28:47,517 --> 00:28:50,728
They won't find in your favor unless they want to.

432
00:28:53,523 --> 00:28:55,442
If you need to cry, cry.

433
00:28:55,442 --> 00:28:58,027
But unfeeling buys you prison.

434
00:28:59,154 --> 00:29:02,073
I thought you weren't gonna talk to me once the trial started.

435
00:29:07,662 --> 00:29:09,706
That's the last thing I'm gonna say.

436
00:29:17,046 --> 00:29:18,965
He's probably not wrong.

437
00:29:20,008 --> 00:29:21,926
The jury needs to see you as human.

438
00:29:22,760 --> 00:29:24,637
That's not possible.

439
00:29:24,637 --> 00:29:27,932
If you had any idea what was being said.

440
00:29:29,058 --> 00:29:31,311
I wish I could be in there.

441
00:29:31,311 --> 00:29:33,313
I'm glad you're not because

442
00:29:35,148 --> 00:29:38,485
I don't think that I could look at myself through your eyes

443
00:29:38,485 --> 00:29:40,737
if you were hearin' what was bein' said.

444
00:29:40,737 --> 00:29:42,780
As bad as what the newspapers are sayin'.

445
00:29:44,449 --> 00:29:45,450
Well.

446
00:29:53,333 --> 00:29:55,251
You never told me

447
00:29:57,837 --> 00:30:02,050
what you thought after Don told you on the phone

448
00:30:03,718 --> 00:30:05,136
what happened.

449
00:30:07,180 --> 00:30:09,098
I can't imagine what you must think.

450
00:30:10,391 --> 00:30:12,560
I'm not sure I want to.

451
00:30:15,480 --> 00:30:16,898
I'm just

452
00:30:20,777 --> 00:30:22,195
grateful

453
00:30:24,572 --> 00:30:26,491
that it didn't go the other way, you know?

454
00:30:29,285 --> 00:30:31,829
Betty was bigger than you.

455
00:30:31,829 --> 00:30:34,165
It could have easily gone the other way.

456
00:30:48,221 --> 00:30:49,556
It's okay to be a little bit broken,

457
00:30:49,556 --> 00:30:51,558
- Candy. - No, it's not.

458
00:30:53,518 --> 00:30:58,606
Because if I let myself be that, I might never get back.

459
00:31:00,858 --> 00:31:02,986
I'd never be unbroken.

460
00:31:05,530 --> 00:31:09,742
Tomorrow's gonna be a lot worse. All the police detectives.

461
00:31:19,127 --> 00:31:20,837
You just have to be

462
00:31:22,255 --> 00:31:23,298
strong.

463
00:31:27,260 --> 00:31:31,222
There was a time when I thought that this was it, you know?

464
00:31:31,681 --> 00:31:33,474
Everything.

465
00:31:33,474 --> 00:31:36,477
Just to be able to stand underneath the stars.

466
00:31:37,604 --> 00:31:38,771
A home.

467
00:31:39,814 --> 00:31:41,149
A family.

468
00:31:42,233 --> 00:31:44,694
And people go lookin' for somethin'.

469
00:31:46,404 --> 00:31:49,907
They don't even know what it is. They just want.

470
00:31:53,453 --> 00:31:55,371
And they go lookin'.

471
00:31:57,707 --> 00:32:00,585
At the end of some rainbow, maybe.

472
00:32:09,177 --> 00:32:13,931
The Lord is not just my shepherd, but he is also Candy Montgomery's.

473
00:32:13,931 --> 00:32:17,101
It comes down to goodness and mercy in the heart.

474
00:32:18,019 --> 00:32:20,647
There is both in the heart of Candy Montgomery.

475
00:32:21,105 --> 00:32:23,441
Damn, that's a good pastor.

476
00:32:23,441 --> 00:32:25,985
Look, I can't discuss the case, so I won't.

477
00:32:25,985 --> 00:32:28,279
Should you be talking to us at all?

478
00:32:28,279 --> 00:32:31,699
I can talk about the weather. I can talk about the Dallas Cowboys.

479
00:32:31,699 --> 00:32:34,535
Not like the judge has a problem with free speech.

480
00:32:34,535 --> 00:32:36,663
After all, he's a judge, right?

481
00:32:36,663 --> 00:32:39,207
- Far as that gag order, I... - Why are you baiting him?

482
00:32:39,207 --> 00:32:41,876
Fat fuck. If he holds me in contempt again,

483
00:32:41,876 --> 00:32:44,045
I can argue bias on appeal.

484
00:32:44,045 --> 00:32:46,881
Get a new trial on grounds of "fat-fuck-ism."

485
00:32:48,383 --> 00:32:50,760
Only thing is we're not losing.

486
00:32:51,302 --> 00:32:52,428
They didn't even nick us today.

487
00:32:53,221 --> 00:32:54,931
Tomorrow will be tougher.

488
00:33:08,319 --> 00:33:10,238
It was pure carnage.

489
00:33:11,823 --> 00:33:14,283
That's why I called in so much backup.

490
00:33:15,326 --> 00:33:18,162
The first thing I noticed was all the blood.

491
00:33:18,162 --> 00:33:20,790
All dried and congealed.

492
00:33:20,790 --> 00:33:21,999
Caked.

493
00:33:21,999 --> 00:33:23,167
Clotted.

494
00:33:23,167 --> 00:33:24,585
And dried.

495
00:33:25,336 --> 00:33:27,463
Means it had been there a while.

496
00:33:27,463 --> 00:33:29,549
Many, many hours.

497
00:33:29,549 --> 00:33:31,718
It was obvious there was a big struggle.

498
00:33:31,718 --> 00:33:34,011
You have no idea who attacked who first?

499
00:33:34,011 --> 00:33:35,555
I do not.

500
00:33:35,555 --> 00:33:38,099
Mrs. Gore took part in the fight?

501
00:33:38,099 --> 00:33:40,059
She had defensive wounds, so yes.

502
00:33:41,644 --> 00:33:42,687
But whether she held the axe...

503
00:33:43,688 --> 00:33:46,607
You solve all the crimes you investigate, Chief?

504
00:33:46,607 --> 00:33:48,776
- No, sir. - Some are carried out

505
00:33:48,776 --> 00:33:51,237
with more care than others. That fair to say?

506
00:33:51,237 --> 00:33:53,781
- Of course. - Not a lot of care in this one.

507
00:33:54,407 --> 00:33:55,324
Well.

508
00:33:55,908 --> 00:33:58,745
- There was blood all over. - A lot of blood.

509
00:33:58,745 --> 00:34:00,955
There were fingerprints left by the killer.

510
00:34:00,955 --> 00:34:03,332
There was hair left, Candy's fingernail.

511
00:34:03,332 --> 00:34:05,752
- The murder weapon. - And the body.

512
00:34:11,716 --> 00:34:16,304
If Candy Montgomery planned to murder Betty Gore,

513
00:34:16,304 --> 00:34:20,516
can you imagine it being carried out more ineptly?

514
00:34:21,309 --> 00:34:22,685
Probably not.

515
00:34:23,227 --> 00:34:26,063
And if somebody was intent on killing somebody

516
00:34:26,063 --> 00:34:29,067
and not getting themselves killed in the process,

517
00:34:29,067 --> 00:34:34,989
would using an axe be one of the better death instruments

518
00:34:34,989 --> 00:34:37,200
to accomplish that task?

519
00:34:37,200 --> 00:34:39,577
- No, sir. - No, sir.

520
00:34:39,577 --> 00:34:45,958
A killing done in broad daylight, with Candy's car parked right out front.

521
00:34:45,958 --> 00:34:48,252
Fair to say if she wanted to get away with it,

522
00:34:48,252 --> 00:34:50,880
she did a terrible job. Fair to say?

523
00:34:50,880 --> 00:34:54,175
- Fair to say. - Fair to say.

524
00:34:54,175 --> 00:34:57,011
Clearly, this is no longer a whodunit but a why-dunit.

525
00:34:57,011 --> 00:34:58,554
Did they wanna get back together?

526
00:34:58,554 --> 00:35:00,014
Did she want him all for herself?

527
00:35:00,014 --> 00:35:02,809
Why did she keep swinging long after Betty Gore was neutralized?

528
00:35:02,809 --> 00:35:05,269
Hammering her with that big axe.

529
00:35:05,269 --> 00:35:07,688
While the defense keeps hammering self-defense.

530
00:35:07,688 --> 00:35:10,608
Whatever the defense, they've got a big, big problem.

531
00:35:11,734 --> 00:35:12,944
Forty whacks.

532
00:35:13,694 --> 00:35:16,948
Self-defense doesn't explain 40 whacks.

533
00:35:19,784 --> 00:35:22,578
There's a reason they're savin' the pathologist for last.

534
00:35:23,371 --> 00:35:27,166
He's gonna paint a grisly picture, shock the shit outta the jury.

535
00:35:27,166 --> 00:35:30,127
And it's no coincidence they're puttin' him up right after lunch.

536
00:35:30,127 --> 00:35:32,630
All it takes is one juror to vomit and it's

537
00:35:34,006 --> 00:35:35,132
life in prison.

538
00:35:39,011 --> 00:35:41,430
Why aren't they attacking us more in our theory?

539
00:35:42,974 --> 00:35:43,933
I don't get it.

540
00:35:43,933 --> 00:35:46,352
It's like they're rope-a-dopin'.

541
00:35:46,352 --> 00:35:49,313
It's possible they don't want to even dignify it.

542
00:35:50,064 --> 00:35:51,440
Forty whacks, like you say,

543
00:35:51,440 --> 00:35:53,484
they're gonna say self-defense is preposterous.

544
00:35:54,068 --> 00:35:55,653
He seems nice.

545
00:35:57,113 --> 00:35:58,489
The prosecutor.

546
00:36:00,366 --> 00:36:01,284
Excuse me?

547
00:36:01,951 --> 00:36:03,744
He seems like a nice man.

548
00:36:08,833 --> 00:36:10,042
Candy?

549
00:36:10,042 --> 00:36:11,794
Did you take Serax again?

550
00:36:15,798 --> 00:36:17,383
Oh, my fucking God.

551
00:36:18,551 --> 00:36:21,637
I need to hold it together.

552
00:36:23,264 --> 00:36:24,849
Try and get this.

553
00:36:24,849 --> 00:36:28,102
The prosecution is probably going to rest today.

554
00:36:28,728 --> 00:36:33,065
Which means you could be taking the stage as soon as tomorrow.

555
00:36:33,816 --> 00:36:35,735
Your head needs to be clear.

556
00:36:36,569 --> 00:36:37,987
And focused.

557
00:36:38,863 --> 00:36:40,281
Otherwise

558
00:36:41,157 --> 00:36:42,742
you're going to jail.

559
00:36:51,918 --> 00:36:53,419
Would you be interested in having an affair?

560
00:36:57,423 --> 00:36:59,383
It's just somethin' I've been thinkin' about

561
00:36:59,383 --> 00:37:01,969
and I wanted to say it so I don't have to think about it anymore.

562
00:37:03,804 --> 00:37:05,681
Bye, Dada.

563
00:37:09,894 --> 00:37:13,314
I have here exhibits marked 22 through 29.

564
00:37:14,106 --> 00:37:15,650
As I pass them for the jury to see,

565
00:37:15,650 --> 00:37:17,860
I'd like you to go through your external examination

566
00:37:17,860 --> 00:37:20,363
with respect to the injuries you observed.

567
00:37:20,363 --> 00:37:23,115
Of course. Starting with the right hand,

568
00:37:23,115 --> 00:37:24,659
there was multiple chop-like wounds.

569
00:37:25,368 --> 00:37:28,371
Incision wounds on the right forearm, running five inches in length.

570
00:37:28,371 --> 00:37:32,166
Chop-like wounds on the left upper arm, extending into the musculature

571
00:37:32,166 --> 00:37:34,752
from the top of the right shoulder in the back,

572
00:37:34,752 --> 00:37:37,755
extending five inches down into the back.

573
00:37:37,755 --> 00:37:41,050
The right thigh had two parallel gaping chop wounds.

574
00:37:41,050 --> 00:37:42,969
The right side of what was her face.

575
00:37:42,969 --> 00:37:45,846
Irregular, gaping, multiple fractures.

576
00:37:45,846 --> 00:37:49,558
The right eye had collapsed into what would've been the sinuses.

577
00:37:49,558 --> 00:37:52,937
Frontal scalp, right side, a diagonal gape.

578
00:37:52,937 --> 00:37:55,439
Top of the right ear, running across the top of the head,

579
00:37:55,439 --> 00:37:57,400
a wound measuring 10 inches in length

580
00:37:58,109 --> 00:38:00,194
produced by seven chop wounds going through the bone

581
00:38:00,194 --> 00:38:01,529
into the cranial vault.

582
00:38:01,529 --> 00:38:04,240
Top of the head, a C-shaped wound

583
00:38:05,032 --> 00:38:07,535
with the open point of the C directed downward.

584
00:38:07,535 --> 00:38:10,830
Evidently, that blow was produced from the top down.

585
00:38:10,830 --> 00:38:14,542
So six cluster wounds on the right side, which could have caused death.

586
00:38:14,542 --> 00:38:17,253
The crater in the back of the head that went through to the brain cavity

587
00:38:17,253 --> 00:38:18,963
that could have caused death.

588
00:38:18,963 --> 00:38:20,673
The wounds that ran across the top of the head

589
00:38:20,673 --> 00:38:22,299
could have caused death.

590
00:38:22,299 --> 00:38:24,927
And also, some of the glancing blows could have caused death

591
00:38:24,927 --> 00:38:28,597
by producing some hemorrhage inside the cranial cavity.

592
00:38:28,597 --> 00:38:29,807
And, Doctor,

593
00:38:29,807 --> 00:38:31,350
does the term "defensive wound"

594
00:38:31,350 --> 00:38:34,145
have any significance in the practice of your profession?

595
00:38:34,145 --> 00:38:36,731
They're defined as wounds to the extremities.

596
00:38:36,731 --> 00:38:38,232
Arms and legs.

597
00:38:38,232 --> 00:38:39,608
It's usually the back of the hands.

598
00:38:39,608 --> 00:38:41,861
Can be the palm of the hand or the back of the forearm,

599
00:38:41,861 --> 00:38:43,904
or the back of the arm, that a victim received

600
00:38:43,904 --> 00:38:45,573
as they tried to ward off a weapon.

601
00:38:46,490 --> 00:38:48,534
Would those wounds on the arms and the wrists

602
00:38:48,534 --> 00:38:50,703
and the forearms indicate defensive-type wounds?

603
00:38:50,703 --> 00:38:52,913
- Yes, sir. - Mrs. Gore was trying to protect herself?

604
00:38:52,913 --> 00:38:54,749
- Yes, sir. - And, Doctor,

605
00:38:54,749 --> 00:38:59,795
in your testimony, you said, "On the right side of what was the face."

606
00:39:00,504 --> 00:39:02,757
- What did you mean by that? - Half of her face.

607
00:39:04,383 --> 00:39:07,053
The right side was nothing but a mass of tissue and blood.

608
00:39:07,053 --> 00:39:10,556
The eye socket and cheekbone had been crushed into mush.

609
00:39:10,556 --> 00:39:14,143
So, face, there really was no face.

610
00:39:14,143 --> 00:39:16,437
And, Doctor, are you able to determine

611
00:39:16,437 --> 00:39:18,773
whether wounds are inflicted pre or post-mortem?

612
00:39:21,442 --> 00:39:23,527
- Yes, sir. - How are you able to tell?

613
00:39:24,070 --> 00:39:26,072
Well, once you're dead, you have no more blood pressure.

614
00:39:26,072 --> 00:39:28,949
When the heart stops, there's no bleeding.

615
00:39:28,949 --> 00:39:31,035
The body can leak, but that blood

616
00:39:31,035 --> 00:39:33,788
won't get into the tissue, causing it to discolor.

617
00:39:33,788 --> 00:39:36,707
Now, if this occurs while the victim is alive,

618
00:39:36,707 --> 00:39:40,211
this blood will get into the tissue, essentially like a bruise.

619
00:39:40,211 --> 00:39:43,422
With respect to Betty Gore's autopsy, can you make any such finding

620
00:39:43,422 --> 00:39:45,674
as to if any of those blows occurred after death?

621
00:39:45,674 --> 00:39:48,761
There was only one wound, and that was on the back of the right forearm.

622
00:39:49,345 --> 00:39:53,057
So for all those other wounds you just described,

623
00:39:53,057 --> 00:39:55,393
- Betty Gore was alive? - Yes, sir.

624
00:39:56,018 --> 00:39:57,770
As Candy Montgomery swung that axe

625
00:39:57,770 --> 00:40:00,439
over and over and over and over,

626
00:40:01,148 --> 00:40:03,567
for almost all of those 40 swings,

627
00:40:03,567 --> 00:40:04,860
Betty Gore was alive?

628
00:40:04,860 --> 00:40:05,903
Yes, sir.

629
00:40:05,903 --> 00:40:07,822
Is it fair to say she suffered?

630
00:40:07,822 --> 00:40:09,031
What do you think?

631
00:40:09,031 --> 00:40:10,991
- Objection. - Sustained.

632
00:40:11,784 --> 00:40:14,161
Doctor, according to your medical report,

633
00:40:14,161 --> 00:40:17,748
there were two cranial wounds which were pointed at the top,

634
00:40:17,748 --> 00:40:19,542
but squared off at the bottom.

635
00:40:19,542 --> 00:40:22,503
- Yes, sir. - Can you explain that?

636
00:40:22,503 --> 00:40:25,881
The only explanation is that the axe would've become stuck.

637
00:40:26,757 --> 00:40:29,093
The killer would've had to wiggle it back and forth

638
00:40:29,093 --> 00:40:32,054
like a woodchopper on top of a split log.

639
00:40:32,054 --> 00:40:35,307
She would have had to wiggle it to remove it from the bone

640
00:40:35,307 --> 00:40:37,726
to then continue swinging.

641
00:40:37,726 --> 00:40:40,104
How do you know she resumed swinging again?

642
00:40:40,104 --> 00:40:42,857
Because there was another blow that went even deeper.

643
00:40:42,857 --> 00:40:44,817
That had to happen right after.

644
00:40:45,568 --> 00:40:48,154
That went directly into the cerebellum.

645
00:40:51,323 --> 00:40:52,408
This killing, Doctor,

646
00:40:52,408 --> 00:40:54,034
have you ever seen anything like it before?

647
00:40:56,245 --> 00:40:57,663
Never.

648
00:40:59,999 --> 00:41:01,458
I pass the witness.

649
00:41:03,169 --> 00:41:04,128
Mr. Crowder?

650
00:41:06,172 --> 00:41:09,341
Mr. Defense Counsel, this would be where you get to talk.

651
00:41:20,144 --> 00:41:22,730
You testified that for most of these blows,

652
00:41:22,730 --> 00:41:24,899
- the victim was alive? - Yes, sir.

653
00:41:24,899 --> 00:41:26,734
Which means her heart was beating?

654
00:41:26,734 --> 00:41:27,860
Yes, sir.

655
00:41:27,860 --> 00:41:29,612
Does that mean she was conscious?

656
00:41:30,738 --> 00:41:32,156
Not necessarily.

657
00:41:32,698 --> 00:41:34,992
In fact, for

658
00:41:35,784 --> 00:41:39,330
the kinds of blows we're talking about on the top of the head,

659
00:41:40,039 --> 00:41:43,375
there's a likelihood that for much of this,

660
00:41:44,376 --> 00:41:46,212
she was unconscious.

661
00:41:46,837 --> 00:41:48,088
True?

662
00:41:48,088 --> 00:41:50,299
Could be true.

663
00:41:50,299 --> 00:41:52,259
Chief Abbott and Dr. Stone testified

664
00:41:52,259 --> 00:41:55,763
that a great struggle took place between Candy Montgomery and Betty Gore.

665
00:41:55,763 --> 00:41:57,848
Do any of your findings dispute this?

666
00:41:57,848 --> 00:41:59,433
No.

667
00:41:59,433 --> 00:42:03,103
And from your examinations, are you able to make a determination

668
00:42:03,103 --> 00:42:06,023
- as to who attacked who first? - No.

669
00:42:06,023 --> 00:42:08,400
Are you able to exclude the possibility

670
00:42:08,400 --> 00:42:11,862
that Candy Montgomery was attacked by Betty Gore,

671
00:42:11,862 --> 00:42:13,739
and that Candy acted in self-defense?

672
00:42:13,739 --> 00:42:15,366
There is no way of me knowing that.

673
00:42:15,366 --> 00:42:17,243
Which means you can't rule it out.

674
00:42:18,160 --> 00:42:19,036
No.

675
00:42:23,624 --> 00:42:25,251
Nothing further.

676
00:42:33,759 --> 00:42:36,053
Prosecution rests, Your Honor.

677
00:42:40,891 --> 00:42:43,894
Mr. Crowder, you may call your first witness.

678
00:42:58,993 --> 00:43:03,122
As the hour is late, Your Honor, we would ask that we begin in the morning.

679
00:43:04,164 --> 00:43:06,125
The hour's not that late. Call your first witness.

680
00:43:07,960 --> 00:43:09,003
Approach, Your Honor?

681
00:43:16,593 --> 00:43:20,139
Your Honor, my first witness is Candy Montgomery

682
00:43:20,139 --> 00:43:21,890
and she's not ready to testify.

683
00:43:21,890 --> 00:43:23,309
Why not?

684
00:43:23,309 --> 00:43:25,602
She took some medication

685
00:43:25,602 --> 00:43:27,146
in order to calm her nerves.

686
00:43:27,771 --> 00:43:29,690
She's gonna need some time.

687
00:43:31,358 --> 00:43:33,402
I'll give you 10 minutes.

688
00:43:36,655 --> 00:43:38,574
She's gonna need more than that.

689
00:43:39,325 --> 00:43:41,744
We should wait and go tomorrow.

690
00:43:42,619 --> 00:43:44,538
Counsel, you got 10 minutes.

691
00:43:46,081 --> 00:43:46,999
Tick.

692
00:43:47,958 --> 00:43:48,876
Tick.

693
00:43:49,793 --> 00:43:50,711
Tick.

694
00:43:51,337 --> 00:43:52,713
Tock.

