The Penalty Phase (1986) Peter Strauss | Melissa Gilbert - Legal Drama HD

[Music] [Music] [Music] [Music] sh [Music] sh [Music] [Music] the verdict is in [Music] ladies and Gentlemen please enter single file extinguish all smoking [Music] [Music] material [Music] in the Box again thanks Chris I'll read the verdicts I found that decision you want to judge on the desk verdicts [Music] in be seated and come to order Department 15 judge Kenneth Hoffman presiding is now in session Mrs carvac have you reached a verdict we have your honor people versus Nolan gherman we the jury in the above entitled action find the defendant guilty of count one of the information murder victim Susan cross a violation of penal code section 187 we the jury and the above and versus the defendant guilty of count 37 of the information murder victim darnella hadway a violation of penal code section versus Nolan gesman we the jury in the above entitled action find the defendant guilty of count 53 of the information rape victim Stacy an foxmore a violation of penal code section 261 count 54 people versus Nolan gesaman we the jury in the above entitled action find the defendant guilty of count 54 of the information murder victim Stacy and foxmore a violation of penal code section 187 thanks man let's go yeah Miss Janson do you think the jury will have any problem giving eer the death penalty I've been in this business too long to speculate on verdicts Mr Richards would you care to speculate on the outcome of your race against Hoffman I never feel safe with judge Hoffman up there on the bench you get my message yes I did what are we meeting for strategy session what time is the debate tomorrow 11:00 I want you all on the same page okay same page what's the name of the book survival Ken the name of the book is survival we are here with the mothers of three of the murder victims Mrs foxmore we noticed you were the first to cry during the reading of the verdicts it must have been unnerving waiting 4 years for this terrible tragedy to end Mrs Russell your thoughts we are relieved Mrs Jensen did a fine job what what is your opinion of the recent polls J Hoffman's defense rulings are killing me we have got to get rid of Judge Hoffman Mrs hadway we haven't heard from you what are your feelings it's all been said I the ladies are trying to say that we're all going to be right back here on Monday morning and we're going to stay here until that animal gets the death penalty thank you that was Mr Hunter president of the Wasco County Citizens for justice and this is Beverly Higgins at the Wasco County Courthouse where we will return next week when the penalty phase of the Nolan eer murder trial begines what's the point if we're not going to talk about the issues Point Ken is that you judges hired me to run your camp campaign and the point is that you're supposed to take my advice which is which is just be good all right that's all be good are you telling me to be quiet I'm telling you to be wise I'll be there Mar long 6 weeks hey judge you ready for the penalty phase art I want to see you when this trial's over sure can what about I'm a little puzzled by some of the things you've been doing actually some things you haven't been doing like what like why no Insanity defense like maybe the shrinks didn't give me why no search warrant challenge you just come around and see me when the trial's over right I'll do that hey partner done we got a verdict in the asherman case yep what are the kids say fully no totally guilty that's great at least they can't make an issue out of him listen I got to get to practice I'm going to sit in for a bit of this when you cover the rest for me sure and they will wound you seriously if you get off on a fair play in Justice tangent then Hoffman better stay at home sorry Kae CRA look K blood ver came in so am I we can get jansen's face off the 11:00 News gee Tom I thought you went to bed after Bugs Bunny and milk you got to get your rest V don't see your face on that screen Hoffman all I hear is Judge Hoffman's defense rulings are killing me Gentlemen please she's going to beat your butt Hof that's it you two get on task come on you guys Katie's right we structured this whole damn campaign un do whatever look Hoffman the photos aren't going to give a fat rat's butt about what a nice guy you might don't make me Tom I just think we're being too passive on this Katie why don't we hit him with the truth once in a while people are afraid out there Ken there's no way that you can convey to them the subtleties of being a good judge 5 back straight on the bar now go now one two 3 4 5 quick catches gentlemen quick catches Jason set up taller H it from your hips let go stay together now last 250 coming up Z you're at 30 take it up to 34 no no you want it go go take it up to the heads ready up hi hi coach was my husband at the meeting yeah they were on third chapter of V Carmen on Election politics when I left on should sleep very well tonight be nice ready down nice rowing today gentlemen Jason's back's killing him and I think he's trying to hide it I know but it's his pain Zach he'll let you know when he can't handle it anyway well you think I should talk to him it's your boat you're the [ __ ] in it use your own judgment he the verdict come in today yeah guilty oh great Susan and Karen too yes all 17 everybody at school wanted to know see you tonight it's your turn to cook you [Music] know such a beautiful River Ken [Music] mhm it'll be a year next week I miss her so [Music] much I know you do Nancy I miss her too yeah this an important debate don't be difficult promise me [Music] no Ken how have you been um uh fine fine Julie uh this is um this is uh Leah my research uh attorney and uh Katie my campaign manager oh you're going to the debate yeah uh starts what 5 minutes how have you been how's the uh the new job working out here good I miss the people at court I have to go now it was nice seeing you you too did you tell my judge hello I will I'll uh I'll do that her judge who was that H um she used to be judge Faulkner's Court Clerk the people are simply fed up with judges who put their interpretation of the law before the liberty and safety of the common citizen time and time again we see the criminal manipulating the system for his advantage and judges such as these not only walk down the Primrose path with them but they go out of their way to pave that path with newly created rights for which not even they can find constitutional precedent thank you judge fogner your response I agree but it's the appell at court that creates these laws there's no one on this side of the room that wants to see criminals Go free Mr condrin your last question I believe yes to judge Hoffman Judge we've heard almost an hour of debate it appears to me that there are no substantial issues in this contest do you agree no I disagree I think the folks over there have a very low opinion of the average voter they think they can press the fear buttons and all all the Sheep out there will vote them an emotional Victory when we let one go it's usually because the legislature passed another fuzzy law or some da or cop didn't do his homework thank you just a few more questions Mr Gibbs judge Hoffman are you saying that you do not take personal responsibility for your decisions I am always willing to take the heat for my judgments Mr Gibbs if that's what you mean on the subject of responsibility I might ask you a question when is the last time that you heard a district attorney or a cop stand up in public and cry out mayor Copa admit that he messed up I've been in this business for a while and I've never seen it what about you I think judge Hoffman you're my question is directed to you Mr Gibbs it's not my job to attack the police or prosecutors judge Hoffman it's not our intention to do so what judge Hoffman is saying will be said by judge Hoffman thank you very much judge vman I don't ask you to attack them I ask you simply to write the truth you should read his words very carefully he speaks for this community oh I read them Miss Janson what pains me is that I keep hearing your voice in the background oh Shen thank you all it seems like we always run out of time when the issues get complicated remember to vote Tuesday after next thank you and goodbye okay pick up that card would you Tom here's your love note yeah it's really nice hey coach I'm out of here I borrowed 10 bucks is that okay sure what are your plan well uh first we're going to go to the movies and um then I'm going to spend the night at Jason is that all right yeah just uh stay away from drugs and cheap women okay and get to bed early both of you you got school tomorrow all right see you tomorrow all right what's up ah it's me I finished the research I left it with the mail your son said to come on in yeah well that sounds like my son uh well can you stay for a while sure all right there's some wine in the fridge make yourself at home sounds great you want some sure okay you sure got the sparks flying there at the end of the debate yeah but it was bad politics judge fauler seems so cautious how long were you two partners about 7even years he's always been the conservative one B made thank you where was this picture taken the one with the Christmas wreath you we used to go skiing every Christmas your son sure looks like his mother yeah they were very close and now you don't have a woman in your life are you practicing your cross-examination that can be a little pushy [Music] sometimes [Music] um Leah I'm uh uh I'm I'm sorry it's uh it's just not the right time please I uh I had a dumb and dangerous idea I'm sorry uh I got to [Music] go um I'm not real sure how to deal with this neither am I let's think about it okay I'll see you Monday Leia I've I've made terrible decisions when it comes to [Music] women [Music] this is the penalty phase of this trial this is the part of the trial well you will decide to give Nolan G esterman life in prison Ron without the possibility of parole but death during this hearing you will learn more about Mr asherman his past victims will come here and show you what he did to them at the end of this hearing I will ask you to order the death of Nolan G eer this murderer of 177 innocent children ladies and gentlemen if I could think of a worse penalty I would ask you to give him that for indeed death is too [Applause] kind slides [Applause] please remember the faces of these beautiful girls during your deliberations I want these images seared into your memories these are the same soft eyes Mr echer saw filled with Innocent [Applause] playfulness then fear then Terror then the most unbelievable [Applause] pain than death then [Applause] death Ken I want to explain something Leo you don't have to yes I do last night me call jansen's pretty good this letter come in the regular mail yeah what about the mail you brought me last night well I was on your desk get me the court file bring me two copies of each of these get Jansen and Singleton get them in here right away art am I blind or what the court file tells me you didn't attack the search warrant in the preliminary hearing and you didn't attack it in the motion Court the warrant's valid on its face can what's there to attack what is there to attack all we got a case here that rests entirely upon the photographs found in asherman's apartment the police dumped the photographs in front of eeran and he confesses so the confession is linked to the photographs right so so all the probable cause is created by an anonymous informant now we got a pen pal who says the police invented this Anonymous informant and created their own probable cause to get into asherman's apartment I know my case can what's your point my point council is that you should have made a motion to suppress the photographs and the confession 6 months ago you got 17 murder counts resting on the word of an anonymous informant may I inquire just who is the defense come so the Supreme Court is going to comb the entire record of this case looking for ghosts they're going to find this one screaming to be hurt the warrant should have been tested even without these letters I got to tell you with them I don't see how we're going to Avid holding a hearing on it we're in the penalty phase of this case are you telling me you want to stop this case and go back and hear a motion to suppress I'm not stopping anything soon there is no precedent for that you can't do that I want AR to start doing his job you know I'm not real excited about opening up a can of worms here but this a little too glaring to sweep under the rug so what am I supposed to do Ken these letters don't provide any leads I want you to start doing your work let me know tomorrow morning the letters alleged the cops trumped up the search one so what do you think and the world is full of crazies if I were you I'd forget it we got enough trouble with this election as it is I can't just forget it Don I give copies to Singleton I expect them to run a motion on well if you're if you have to you have to but make it quick we'd all like that death penalty to come in before election day citizens for justice is going to put 20000 callers on the phones the last three days of the campaign our goal is to reach 30,000 voters and we'll have ads in both of the papers we'd like to know that we're backing candidates who would be responsive to our voice in the community thank you Mr Hunter I think that we have a clear picture of the format of the debate you're proposing if you'd like to wait outside we'll take a votee on it and let you know right away than thank you m thank you you're very welcome thank you what's the format I missed that part they want us to debate our different points of view on child molest and abuse issues I didn't know there were two points of view what would we be debating mandatory sentencing confidential testimony of victims videotape testimon legislative areas we can't win on issues like that it's not important important that we win it's sufficient that we appear to be concerned willing to listen willing to make a commitment a commitment to what how about a commitment to reality Hoffman if you and Fontana are so hot to get back out in the streets to hustle Hypes and [ __ ] then you can do the rest of us a favor and buzz off look Ken I went to their meeting last week these people are not a bunch of nuts people are listening to them the public already thinks we're a bunch of political prostitutes why should we degrade ourselves further by doing one night stance you know my vote am I excused judge Hoffman have you got a moment sure what's on your mind well I uh I perceive a certain amount of opposition from you and I was wondering at your motives I think you like to scare people Mr Hunter I think you find a way to have a little power in your life like most novices you don't know how to use it we like to think that we're doing something to balance the power to to take some of it away from the criminals by intimidating judges well judges must be responsive to the people they serve judge Hoffman I don't know Mr Hunter by and large judges are hardworking unexceptional people we don't perform very well with a smell of tar and torches in our courtrooms was there anything else you wish to say to me we're watching you very closely judge Hoffman I hope you appreciate that Ken Sur what are you doing here waiting for someone would you like to sit sure I'm waiting for my research attorney Leah met her I remember judge um scotch Rox how's your son she's a teenager how are your girls oh they're great I um I finally found a sitter that I feel satisfied with so it gives me a chance to you look terrific I feel wonderful um I really like the new job and uh I'm seeing someone now um a nice man he's an attorney I know um I'm trying not to hold that against him I thought about calling you no you shouldn't do that I got to [Music] go you look wonderful and I'm glad things are working out for you I really am I hope things work out for you too it was nice seeing you okay I want to apologize for last night you don't have to no can I'm not a kid I'm 26 years old and I don't sleep around Leah I didn't take it that way I don't want a relationship and I don't want just sex I want a friend to sleep with I sure I held on my marriage right now what I would like is to find a man who's not a child we've been working together for the last 6 months I thought you might be [Music] him Le women and I always end up crying I'm [Music] [Music] sorry Zach [Applause] Zach judge Hoffman sir I'm the one who wrote you those letters I just wanted to remind you that I expect you to look into that now those cops lie through their teeth about the search warrant I'll be watching the newspapers to see what you do but bye now damn it those cops slide through their teeth about the search warrant I'll be watching the newspapers to see what you do Vine now I still say it's a bunch of bull art have an investigator talk to the cops and what do you think the cops are going to say yeah you caught us we lied under oath but you go ahead let this Mass killer out it took us years to put away have you forgotten that we're dealing with real people out there I'm going to make a motion to send this to judge fauler now he issued the warrant he's the one who should rule on it the case stays here art you can make all the Motions you want the case stays here can I but in for a minute maybe you are a little too involved to uh rule on this issue properly you may not like this suggestion but I think you should transfer this to someone who's not up for election this time around the election does not exist inside that courtroom the case stays here okay I just thought that I know what you thought I appreciate your chivalry art I need your decision on this are you going to move on it or not and what if I don't I will I'll appoint an investigator and I'll open a hearing then your honor you try your case and I'll try mine can in all cander you're committing suicide in all cander Sue of you're planning on wearing this robe you better be prepared to do the same thing well I'll cross that bridge if I come to it but in the meantime I'm going out there and I'm going to get the death penalty for our Mr [Music] [Music] asman turnley and dagad are the cops who served the warrant you know them yeah we work together all right what it boils down to is yes or no did they lie to judge fauler on the search War what's the payoff if the search was bad bad search no case fruit of the poisonous tree Mr asham and takes a walk and you want the real thing here not just a walk through I wish there were two ways to do this good buddy find out if the cops light to Fu when you want some feedback yesterday thanks for lunch sitting ready for a start and five 3 qu three quter good timing good timing hey they look good nice control on that one how's the penalty phase going jens's piling it on y tedious bring it back to the line gentlemen words out you uh really blistered Singleton's butt over the search warrant issue some people are wondering are they going to act on it start some um investigation I already have I appointed Pete pavlovich yesterday I want him to look into it oh has he come up with anything no not yet he's in San Francisco one of the cops who did your warrant is there for some cop convention you guys on to anything or you just going through the motions well I don't know Don now I got somebody out there who may know more about this case than any of us and Singleton won't move on it and I can't kick him off the case in the middle of the trial so I got to pursue it because I don't want Singleton to mess this case up then have the Supreme Court tell me go back and do it right before they can gas the misrepresented SOB bu three two and three you're Slappy on the catch you guys ruin or you're killing fish go back to the line do it again and if this thing blows up we're all back practicing law next year listen Don if this thing blows up I make Time Magazine because I kick 17 murder counts on some guy who did his best to reduce the teenage population of this County if I find out those cops lied to you on the warrant I'm not going to have much choice now am I hey nobody's asking you to take a dive but think about it if Ferman hits the streets you can bet Hunter's Bunch will crucify us Ken nobody's asking anything it's funny sure sounds like it doctor directing your attention to people's exhibits number 106 through 109 would you describe what we're seeing there these appear to be sores of some kind are they no but they're definitely Burns probably caused by a cigarette there's a better photo here Dr Freeman tell the jurors about the balance of your examination of the girls there was more than the usual trauma do you want if you would focus on the internal damage please I think it's sufficient to say merely that there was overwhelming shocking tearing wait Dr Freeman Mr Singleton do you have an objection no no objection proceed have you ever seen anything like this before I think you're pushing it well there's no objection your honor please answer the question have you ever seen anything like this no had these girls lived they would never have I I I think that's sufficient thank you [Applause] hey sluth how you doing you look blitzed I am it's not easy keeping up with Detective turnley when he's on one of his binges two days of hard drinking I'm bushed so anything there yeah there's a lot there I just don't know how it all figures together yet well try me okay Detective turnley is solid on the point that he had nothing to do with getting the search warrant he says it was detective Dagen Pat's play all the way so what's turnley saying it was dirty warrant or what no I didn't go that far but he did say that he was told they wouldn't have to testify about the warrant they wouldn't have to testify who in hell would tell him that I don't know somebody who was in a position to make the promise no details no he'll be back tomorrow night he said he wanted to talk to his wife first and he's going to give me a call it gets messy from here on in why it turns out that our detective dagum Pat and Mrs turnley have been taking recess together a little too often oh great love in the afternoon the partner and the wife are messing around H that gives turnley zero credibility if he decides to drop the dime on his partner I thought you should know before you dive in there's another thing turnley is drinking non-stop these days he's near crack up I got to get some sleep I'll give you a call after I talk to turnley what about our mystery voice any ideas just a hunch I may have something for you by Saturday I'll let you know where are you off to I'm going to play a little political [Music] poker oh they've already started hi n Hi listen what hell's going on between you and Don why what did he say well you know him he keeps everything inside but ever since this damn election started I mean I don't know what he's so upset with you do me a favor please whatever it is could you try and Patch It Up of course I'll talk to him thanks can't leave him alone with the beautiful woman some folks got it and some folks ain't Drake Scott TRS we need your help Ken we've got to get this endorsement from Gibbs you think so his choices lost three out of four last election well we would like his paper on our side if it's all the same to you okay Don just don't expect me to kiss his Bud come on Partner you play politics to get a judgeship you got to play politics to keep it don't be so damn self-righteous ah sorry hey how's my hard charger we've been waiting for you whatever he Jean nice to see you get on out there Hoffman you are tonight's designated loser thanks what's what's Waterman doing here he's helping us with Gibbs what do you hear from pavlovich I just talked to him outside he's waiting for a phone call looks like one of the cops uh turnley might have something to say what's his story we don't know yet damn it Ken why can't you wait till after the election it looks like they going out of your way to butt in different does it make when do I leave the whole thing alone I can't do that well it get sick of something you fool of this damn case upset Jean Waterman and we're all history it was your warrant Don I'd think you'd be interested if the cops lied well I'm not interested enough to lose my job over it and neither should you maybe I should remind you who got you your judgeship six years ago da Waterman that's who I'm going to pass on the poker game I think you and the guys do a better job on Gibbs than I would I'd just take him off you're real good at that and I want you get the hell out of here that's right get the hell out I realize it's been a long time Miss LaVine but I must ask you to do your best to recall as many details as possible I'm sorry most of it is blocked out I'm working on it with my therapist we understand how long have you been in therapy since it happened so the defendant took you into the shed please tell the jurors what happened there I just can't seem to recall I was inside it smelled bad I know this is painful and you're being extremely courageous please continue he he put me on a table a workbench of some kind he untied my ankles he hurt me I don't want to tell this leave her alone you've made your point one more word and you'll be removed from this courtroom thank you your honor Miss Janssen do you deem it necessary to continue with this witness I have only one more question if the court will allow proceed what did this man do to you after he raped you he cut my throat he cut my vocal cords do I have to show them no you don't you most certainly don't is this a photograph of you before he did this to you yes may I go now miss johnon do you have any further questions no no your honor Mr Singleton no you may leave and thank you good luck thank you for another week of service you will return on Monday the jury is admonished as usual not to discuss this case on until it is presented to you for your verdict what's up interally came home early didn't make it stopped on the side of the freeway and put a hole in his head cops commit suicide can just like normal people oh what the hell is going on [Applause] [Music] [Music] here [Music] we are a group dedicated to raising the consciousness of the public to the end that they will do their parts to eradicate this Insidious epidemic of child abuse which is sweeping and contaminating this nation of ours we've got a minute or two I'm sorry nany's giving me an order patch things up or oh don't come home that's fine forget it I'm sorry Ken I'm really sorry about the whole thing did you hear about the suicide yeah the guy was obviously stressed out he would have been a lousy Witness we'll never know spotlights on yes it's it's tragic but it uh at least you don't have to hold that hearing now probably not look I got a couple of questions so I want to ask you I looked at the eer file this morning I noticed you appointed Singleton I want to talk to you about that now each candidate is allowed 2 minutes to ask any questions of any opponent he chooses we'll begin with Deputy district attorney Keenan judge Hoffman would it surprise you to learn that over the past 6 years you've dismissed 27 cases of child molest in your court it certainly would Mr Keenan since the number is 31 not 27 would you like to discuss them 27 or 31 that's the largest number of any judge in the county well I've handled more criminal cases than any judge in the county Mr Keenan 16 of those missiles were in response to a prosecutor's motion then you are willing to accept responsibility for the other 15 responsibility yes blame no uh as I recall Mr Keenan some of those cases were so weak the da wave jury and let the court take the heat in fact weren't some of those cases yours I'd have to check my notes on that you've got a weak case you don't have the guts to dismiss it so you let the judge do it I've never done that in fact Mr prosecutor it appears to me that I've been getting a greater number of your losers since you guys decided to run against us now you you haven't been playing politics with the trial calendar have you I mean you you you haven't been trying to rig the stats against us have you Mr Keenan I'll say it again if your office puts a convicted child molester in front of me that sorry so is going to go to prison they go to the Joint no doubt about it I hope there aren't any shrinks in the audience because I'm going to make them mad it's just that I don't believe in this psychiatric mumbo jumbo you're a child molester you got a little green worm in your brain judge hofman I'm wondering if you share judge Von carman's position which one miss Jansen the little green worm Theory or the everyone goes to the [Laughter] Joint the ladder as you should know Miss Jensen one cannot take a doctrinaire stance and say I will always do this or that well I can are you saying that that that we all of us here are wasting our time these are concerned citizens you're angry I understand that what I'm saying is that human beings are too complex they're too diverse that we at this table shouldn't and I won't make you a promise I can't keep you didn't hear me the first time I'll say it again they got to the Joint you know what you can do with your soft headed shrinks and there soft headed offish andard hey Mr intellectual get your hand off me got it with your crap Mis Gentlemen please not you're going to be out on your butt in 10 days Mr wise guy you're going to be on yours if you don't back off you're out buddy you're out now hold this up like that give me sh perfect company Katie what's up hi they voted you out you're on your own who voted on Carmen Nasser and Faulkner Hunter's group is committed to the team but not a you're on it sorry well can't say blame him get 20% of the campaign contribution but I don't see how you can use it effectively so late in the election they're over changing the campaign literature now photos and everything well I'd say my future just passed you want out you're too honest to be a good client you're excused sorry bye why would judge fogner vote against you like that he's afraid of losing aren't you Singleton had a felony drunk driving charge was transferred to falkner's court the charge was reduced to a misdemeanor no jail no fine even got to give his bar card unless it was his birthday I'd say Mr Singleton owe somebody a favor well here's the icing on his birthday cake fauler appointed Singleton to the asherman case on the same day look at this the exact same day day so who threw the party I don't know I think I know somebody who [Music] does good evening hi where are the girls the girls are asleep would you like some tea [Music] sure tell me very clearly why are you here I don't want to make a fool of myself it has nothing to do with us what then I need some information I'm Faulkner fauler your friend my ex- boss he's a fine judge K and he was very good to me whatever you tell me stays here look you are late coming through the door and whatever this is I don't want to talk about it Julie you filed a search warrant on the eshman case I checked the file I am not your woman I need to know what happened when that warrant was issued what is this you're not going to tell me no you'd cut your throat with it which district attorney was there when the warrant was issued it doesn't appear anywhere in the file can't you guess who's your least favorite da and Faulkner's best buddy Waterman Waterman was there with the cops and later that day when Singleton got his deal I'm sorry I'm going hold [Music] me now I have question for [Music] you were you really going to leave her for me yes yes I was so the mystery continues to build as judge Kenneth Hoffman dismissed the jury and announced he will hold an unprecedented inquiry into the legality of the search of asherman's Apartment Hoffman has subpoena Deputy da Gene Waterman judge Donald fogner and detective D Pat the officer what the hell is going on here why did you subpena me what is it you want to know I don't really want to know anything Don but I'm going to have to ask you why you apped Singleton to the asherman case I'm going to have to know why Singleton got a deal money Hall wouldn't offer his mother and I'm going to find out why Singleton's been ducking the search warrant issue well maybe there's reasonable explanations for all of that I hope so don off the Record on oh come on Cut The Hard Ball crap you cut it you came over here to talk to me what about well I can only speak hypothetically fine let's talk hypothetically hypothetically those cops had a problem with the eeran case they took the problem to Gan Waterman and hypothetic Ally Gene wman trotted down to Don Faulkner's Chambers to get it solved bull oh don't bull me Don it's just a hypothetical hypothetically Jean says Don we got one hell of a problem here and I need a judge willing to bend the law a little bit all in the interests of Justice mind you I don't hear your proof Ken and then hypothetically you needed a defense attorney one who would agree to look the other way on the search warrant you thought of Singleton and you got lucky you not only got marginal competence but hypothetically you got someone willing to make a deal a deal that's right a deal I think you bribed him Don but your thoughts aren't evidence you better have a witness I do well that's great so you got your mystery witness you don't need me to prove your case it's just a situation where I'm not going to turn my head look can can we find some kind of Middle Ground we're talking about 15 years friendship if your witness proves that the cops lie that's all you need it's irrelevant whether I knew it or not there's no need to call me I got to call you you are the mystery witness unbelievable I think Waterman talked you into a mistake and I think you know the difference between a mistake and perjury you're committing political suicide right and left and you expect me to Hold Your Hand but you're on the wrong side of this one partner well I can't say you're wrong on that one partner what time did you receive this Anonymous phone call detective dagat about 1:00 did you recognize the caller no it was a maale no accent no speech defects not young not old did you tape the call no it came in directly on my line do you think it was strange that an anonymous phone caller would call in on your private line bypass normal channels whoever it was seemed to know what he was doing and we'd handed out a lot of cards over the years we'd asked a lot of people to call us with any tip they had what did you do then I sat right down wrote out the affidavit for the search warrant what time did you finish about 2 and then we my partner and I took it directly to Deputy da Jean Waterman why in a case like this you don't want to mess it up and I trust Waterman what time did you contact Waterman 25 220 who made the decision to take the case over to judge fauler Waterman he had serious reservations about the expertise of some of the other judges did he how did he Express that he described them as quote a bunch of liberal bozos your honor with all the respect do this court it is infinitely clear to me that by this investigation this court has gone beyond its proper role and has assumed the role of advocate sit down counil I think you have already decided this case you finished that sentence I'll have no choice but to hold you in contempt with all respect if you accuse me of willfully refusing to follow the law I'll have no choice Miss Jansen now sit down so you serve the warrant around 3:15 was asherman there no we entered found the photographs in the metal container in the closet consistent with my informance information hey and we'd been there about 5 minutes when asherman arrived we Ed him at that point what time did you book him in 18800 hours 600 p.m. civilian time why did it take you 2 and a half hours to book him in in a case like this you want to make a detailed search he's quiet so you and turnley were both in the apartment from 3:15 to 5:45 that's correct that's a lie restrain him Mr Singleton you had absolutely no reason for leaving that apartment either of you no it's against departmental policy to leave one officer alone with a murder suspect bag of slime scum Mr rhman you're lying dagger Pat no way you were there I got a right to testify what's killer like asman cold temperature drops 5° when he enters the courtroom why don't you just have him castrated or let him bleed to death I don't get an answer coming from you I don't think that was a serious question come on dad a lot of people feel that way I don't yeah I know a lot of people do you don't look Zach I've had a hard day I can't answer that question without giving you a lecture and I don't feel like giving you one okay so save that two of those girls went to my school I know that Zach I've got a right to think that way great all right think that way great you're telling me you don't look Zach I happen to have a job that doesn't allow me to think those things and if I do and i' be lying to you if I said I don't sometimes then I'm not allowed to get emotional about all right do you understand that yes I can understand that just don't like it so when the hell did you ever hear me say that I liked it then after you were handcuffed to the bed at around 3:30 what happened I asked agat to show me his warrant and what did he do he put his hand in his pocket and he pulled it out and he gave me the finger he said here's your warrant what happened next dag and Pat he took turnley into the kitchen I could hear them talking and then dag and Pat left he did leave and then terally he came back in and he pulled out his gun he said to me real slow if you so much as cough you're a dead man so you sat cuffed to the bed for how long until dag and Pat got back it's about 5:30 and during that time period of about 2 hours did turnley conduct a search of your apartment no way they had already searched my place everything that they took with them was piled on my bed when I got there did dagum Pat conduct a search when he returned no I asked him again to show me his warrant and then around 5:30 did he show you the warrant yeah he flashed it at [Music] me morning [Music] [Music] this is James turnley her name is Claire she was your hunch yeah let me guess I'll bet she owns a telephone and a typewriter I told her the crime lab found her fingerprints on one of the letters she doesn't make a bluff too well not much of a poker player huh maybe not but she holds a lot of cards and she knows an awful lot about search warrants she's real fidgety wouldn't waste any time getting her on the St you believe her it's not for me to say Kent that's why you wear the robe thanks Pete let's move on to this conversation you had with Detective dagum Pat where did it take place am my home I'm sorry Mrs turnley I can't hear you at my home in the bedroom you were having an affair with Detective dagat yes yes I was how did the topic of the search of Mr asherman's apartment come up well I I had told him that I could not stand the pressure the fear that I had that with them being partners and all that our affair would come out sooner or later Mrs turnley just tell us what detective dagat told you about the search he said Jim was angry with him about what he had done on the asherman case what did detective dagat tell you he had done Daryl just said he had gotten tired of waiting for something to happen on the case the guy was on Parole for child molest they knew he had done it they just couldn't prove it anyway he said he just decided to go inside and search the apartment and see what turned up all right continue please he said Jim didn't like the idea and they had a big fight over it they got inside and they found all those photographs of the dead kids and then all of a sudden nerman came in and surprised them and then Daryl detective dagat he decided to try to get a search warrant to show that it was issued before they had gone into the apartment said the search would be okay are you sure you understood this correctly he was trying to cover up the absence of a warrant when the search was made objection it's leading overruled I know what they were up to I've been a cop's wife for 15 years and mistress not again miss Jansen Mrs turnley what did detective dag and Pat say happened next he said he took some of the photographs they had found and described what they showed he wrote it in the whatever you call it the um um affidavit for the warrant and pretended an an informant had told him all of that he specifically told you he manufactured the anonymous informant he made it all up yes he said they'd never catch him unless they did it that way he had to do it Mrs turnley you may I approach the witness you may did you write and send those letters to judge Hoffman I did four months after this alleged conversation yes and you are quite familiar with police work 15 years in the business yes knowledgeable enough to make up a detailed lie if you were inclined to don't you agree do I have to answer that never mind Mrs turnley you seem to be having trouble with that one I'll withdraw it now you wrote those letters even made a telephone call yes yes after your husband left you yes after your lover detective dagat left you he didn't leave me I told him to go have it your way I got him trying to have his way with my oldest daughter Miss Jansen that's why he went so we find the motive at last good oldfashioned Vengeance good oldfashioned Venom Miss Johnson a question perhaps there's no jury when did this happen this molest it's called molest when a grown man has his hand down the pants of a 14-year-old girl Miss Jansen it's called molest when did this molest take place this molest you never reported until now I suppose a month I don't know two months ago so you waited all this time to tell your little tale you knew this case was in trial you do read the papers I knew I thought it would all come out in the trial and when whatever it is didn't come out out you decided to wreck an honest cop's career by creating One well-crafted Lie didn't you do you believe CLA turnley maybe I hate to say it but I think I believe echer too I don't think dag P had the warrant when they made that search well we'll find out tomorrow fauler knows what time he is issued the warrant well wasn't it stamped right on it it'd be easy to check I check time stamps there but the numbers are smeared only Mr fauler can tell us will he tell the truth Maybe well he better you had the guts to put your election on the line if he's really your friend then he'll have the guts to save it for you good night G I'll see you tomorrow good night Ken uh Ken can I I've been your court reporter for six years now and never once did I make a a comment on on how you were handling a case but now you're going to do it I I just don't think you're doing the right thing Ken that's all I wanted to say Ken Nancy you're scared me what's wrong I I can't debate with you can I I need for you to listen to me just listen to me will you do that all right if you're going to put my husband on the witness stand tomorrow if you're willing to destroy my husband and my son in my life Nancy I think you should no if you do that I am going to do something so evil so mean so beyond my imagination of myself he has an obligation to tell the truth Ken isn't there a point where the legal games and the technicalities come to an end are we never allowed to say no matter what that man will not get a chance to kill again can't you find a way to do that Ken Nancy I don't have the right to do that how can you sit up there on the bench to forget the rights of those kids what about their right to live their right not to be ripped apart by a monster Ken has being a judge taken all the feeling out of you I'm not going to debate with you Nancy Don has to tell the truth I don't have the power to change that then we shall all get a good strong dose of the truth judge Hoffman we shall all live by the same rules and tomorrow morning I'm going to tell your your son the one who thinks you walk on water NY go home let Don work out his own problems I shall tell your son Ken that his mother did not just drown in that River out there last year that she was weighted down by 40 sleeping pills the same day you told her that you were going to leave her for that cute little Court Clerk you were messing around with are you finished no I'm not Diane had a desperate lovely Little Dream Ken she thought if you became a judge that you would settle down she was so willing to forgive you do you know who she came to for that dream my husband do you know who was willing to kiss genan Waterman's butt to get you appointed my husband I didn't ask for it you took it and then you broke her heart I want to go home and tell my husband that he's not going to be crucified because he did the right [Music] thing [Music] I'm sorry I can't promise you that then I will promise you this if you don't call me by 8:00 tomorrow morning I'm telling Zach Nancy the boys have a championship race tomorrow don't wreck it for them and don't [Music] you [Music] a [Music] [Music] the court will call no further Witnesses Miss jansson do you have witnesses to call no your honor I have none Mr Singleton [Music] then the court will hear argument 12 citizens of Wasco County sat in this jury box for six horrible weeks and determined that Nolan G asherman tortured molested raped and murdered 17 innocent children 17 innocent children if you dismiss this case if you tell those jurors that their efforts were wasted then you must do so upon the testimony of a harlet and a convicted mass murderer I don't think even this court is naive enough or Reckless enough to believe that testimony if you do if you dismiss this case then you are carving in stone a message to this County to this state even to this nation that our system of justice has failed naive and Reckless no naive and Reckless is when I refuse to follow the law because I don't like the taste it leaves in my mouth Miss Jansen once we start doing that there is no law a judge cannot pick and choose and fashion the law to reach an end he might personally desire There are rules and they apply to everyone even to Nolan eer our law is simple if the police violate the law to obtain evidence they don't get to use it I can't imagine a tougher case for the application of that law but I will not apologize for it and I will not accept the idea that our system fails when I follow it and if you keep telling people our system fails when judges do their job s then pretty soon they're going to start believing the law doesn't matter anymore and then there's just fear and politics our law protects our freedoms and it's my duty to apply that law even when it's painful even when it's tragic there are times that we have to pay a price for our liberties the testimony presented at this hearing leads the court to the clear conclusion that detective dagampat fabricated the anonymous informant the search warrant was illegal and the photographs were illegally ceased and the record in this case clearly shows that the defendant's confession was the fruit of the evidence illegally seized at the apartment the court has no recourse but to order the photographs and the confession suppressed the charges are dismissed the defendant is discharged bastard down come on and this is Beverly Higgins at the wasow County Courthouse we are here with the last chapter of this tragic case to recount the events of the day dead Richard foxmore father of murder victims Stacy and fox more dead Nolan G eer wounded Mark Rogers the court [Music] [Music] [Music] BFF for there you are okay yeah I'm fine are you okay yeah yeah I'm fine you sure sure oh we won the race [Music] you had to let him [Music] go you had [Music] to yeah I [Music] did you know I remember when I was a little kid I said right here and you took the oath you're up there and you seem so high and far away I was really proud of you [Music] then so was [Music] I it was supposed to be an [Music] honor

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Length: 92min 24sec (5544 seconds)

Published: Wed Jan 17 2024