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Court métrageTranscription
00:00:00Just a few minutes ago, police began arriving in one of San Jose's quietest neighborhoods
00:00:18for what we believe to be the scene of a homicide.
00:00:22Police have not released the name of the victim, but what we have gathered so far is that the
00:00:27victim lived alone and was the member of a prominent family.
00:00:57How's the Tom O'Donnell stock portfolio?
00:01:16It is beachy.
00:01:18Some CEO gets a bad cough and the company drops ten points.
00:01:23You sure you want me to ride with you to pick up Gertrude?
00:01:24No, you have to pack for LA.
00:01:26Baby, I'm going for one day.
00:01:30So have you told Gertrude that you and I are a couple yet?
00:01:34No, but I think she's about to find out.
00:01:38Ah, is that right?
00:02:26I need you to get every last leaf out of there because last time you left a few, it
00:02:48rained, the water just seeped right back into my living room.
00:02:51I had a water stain down my wall.
00:02:53And also, I want you to be careful of my azaleas.
00:02:57Last week you crushed all of them.
00:02:58You have to be careful, Virgil, please.
00:03:00Hi, sweetie.
00:03:01Hello, my dear.
00:03:02I still wish you were staying through the weekend.
00:03:07I can't stay the weekend.
00:03:08This guy doesn't listen to anything I say.
00:03:10He's terrible.
00:03:11He's been alone and in pain.
00:03:13Ask him if he ever pays attention to what I say.
00:03:16You know what?
00:03:17I forgot.
00:03:18I have to stop and drop the newspaper off next door.
00:03:21Share the paper with your neighbor?
00:03:23He saves each of us $10 a month.
00:03:25Okay.
00:03:45I really wish you'd sell the house.
00:03:46I have plenty of room.
00:03:47Or you could get something nearby so I can keep an eye on you.
00:03:50Check with me when I turn 100.
00:03:52You know you love this city.
00:03:53I'm serious about this, Gertrude.
00:03:55So am I.
00:04:22This is just lovely.
00:04:24You see?
00:04:25You just needed a little touch of a man, that's all.
00:04:37Gertrude?
00:04:38Little Jane's magic gravy?
00:04:40Oh, yes.
00:04:42So, when are you two getting married?
00:04:45Well, it's either that or you're grinning like that because you just won the lottery.
00:04:49Gertrude, you really have to stop beating around the bush.
00:04:52I'm just going to fill you in.
00:04:53You don't need my approval to be happy.
00:04:56So, um, you have a special date in mind?
00:05:00We're just kind of sneaking up on it.
00:05:04Oh, sounds more like a burglary than a wedding plan.
00:05:10Well, the gold futures are all headed in the wrong direction.
00:05:13So what I would like to do is I would like to liquidate
00:05:15and I would like to apply all of the proceeds to the German tech fund that we spoke about.
00:05:21So if you could give me a confirming email that you received this, that would be great.
00:05:26There you are.
00:05:28Hey.
00:05:29Doing deals at this hour?
00:05:30No, no.
00:05:31Just leaving a message for my guy in Zurich.
00:05:33I said half a day ahead.
00:05:35I don't know how you keep track of all these companies on accounts.
00:05:39There's so much for early retirement.
00:05:41It takes more to keep the money than it did to earn it.
00:05:43Mine appears to be shrinking.
00:05:45I'm going to have a look at your paperwork before I leave for L.A. tomorrow.
00:05:49So, how did we score on the Gertrude scale?
00:05:52She said she's never seen me so happy.
00:06:00Tell me this.
00:06:02What is the greenest thing you've ever seen?
00:06:05Big fat emerald.
00:06:07No.
00:06:08A baseball field.
00:06:09Nope.
00:06:10A golf green.
00:06:13Ireland.
00:06:16I've never seen Ireland.
00:06:19Do you remember my trust fund in Switzerland that I spoke to you about?
00:06:21Uh-huh.
00:06:23Well, it's going to mature in three months.
00:06:25And I really, I really think that'll be enough to take care of us for the rest of our lives.
00:06:30So I was thinking we'd head to Zurich and stop by Ireland on the way back.
00:06:36Making you happy makes me very happy.
00:06:43So, the football party's Sunday.
00:06:45I can pick you up if you want.
00:06:46And drive all the way back down to San Jose?
00:06:48No.
00:06:50You know what?
00:06:51I'm happy to swing by and pick you up on the way back from L.A.
00:06:54You know, you two should spend your time planning a trip somewhere.
00:06:57I hear Ireland is very green this time of year.
00:07:03That sounds like my car.
00:07:05Gertrude.
00:07:06It's always a pleasure.
00:07:07Thanks.
00:07:08That sounds like my car.
00:07:10Gertrude.
00:07:11It's always a pleasure.
00:07:13Let me know if you change your mind.
00:07:15I'm walking you out, sweetie.
00:07:21I had a chance to look at your portfolio this morning.
00:07:24Anemic, huh?
00:07:25You're not even keeping pace with inflation.
00:07:27But, I'm meeting with a couple of investor pals in L.A.
00:07:30So I will see what we can do.
00:07:32Okay.
00:07:34Beat Henry Carmichael's.
00:07:35Number's on the fridge.
00:07:36My return will get me in at 10 a.m. on Sunday.
00:07:38Want me to pick you up?
00:07:39No, no, no.
00:07:40You have nothing to worry about with the football party.
00:07:47Oh.
00:07:48Uh, lipstick.
00:07:49Lipstick.
00:07:50Ready to go, sir.
00:07:52There you go.
00:07:53Are we good?
00:07:54Yeah.
00:07:56All right.
00:07:57I will call Gertrude when I land just to make sure she didn't change her mind.
00:07:59Okay.
00:08:00I love you.
00:08:02That's my line.
00:08:03Okay.
00:08:04I love you, too.
00:08:05I love you, too.
00:08:30Any good?
00:08:31Well, about every tenth book, this author recycles her plots.
00:08:37Oh, I'm impressed you can find nine original ones in between.
00:08:40Oh, honey.
00:08:41I am so glad that you're having a happy life.
00:08:45You know, I used to worry so much about you when you were little
00:08:47because you fretted about everything.
00:08:50You worried about the dress you were going to wear
00:08:53and the lunch box you were going to take.
00:08:55I stopped worrying like that when I married Al.
00:08:58Mm-hmm.
00:08:59He took care of everything.
00:09:01Accounts, a car to drive.
00:09:04I guess I stopped thinking the world would end if I made a mistake.
00:09:08And when he died, it was like the roof fell in on me.
00:09:14How long have you and Tom known each other?
00:09:16Is it like ten years?
00:09:17More like twenty.
00:09:19He always had his accounts with Al,
00:09:21and he used to travel all over the world.
00:09:23He was divorced and come back with these really great stories.
00:09:25He saved me.
00:09:27I always thought I was a one-man-for-life kind of lady,
00:09:29but one night he was teaching me chess and I just looked at him.
00:09:37You know, watching most women never find one good man.
00:09:42And you, you found two.
00:09:47So come on.
00:09:49Time to take this woman home.
00:09:57And no.
00:09:58No, I am not selling the house.
00:10:00I see that look.
00:10:15Oh, yes.
00:10:17Love you.
00:10:18I love you.
00:10:19Drive carefully.
00:10:20Okay.
00:10:22Hi, Gertrude.
00:10:24Hi.
00:10:25I have the newspaper for you.
00:10:26Oh, Rosaria, you're a doll.
00:10:37Oh.
00:10:39Virgil.
00:10:41My azaleas.
00:10:50This is Henry.
00:10:51Hi, Henry.
00:10:52It's Jane Alexander.
00:10:53Is Tom around?
00:10:54Sure, sweetie.
00:10:56Hey, baby.
00:10:58Excuse me a sec.
00:11:00Okay, baby.
00:11:01Sorry about that.
00:11:02We were just grabbing a bite.
00:11:03How was your day?
00:11:04It was good.
00:11:06I went grocery shopping.
00:11:07I bought stamps.
00:11:08How was your day?
00:11:10I drove around all day long.
00:11:11Saw some friends.
00:11:12Got a little bit of business done, though.
00:11:13Speaking of which, I think we found a way to refinance the house.
00:11:17Cut the mortgage payment by about a third.
00:11:19That's great.
00:11:20And listen, I found tickets to Europe on sale if we fly in September.
00:11:24Oh.
00:11:26I can't wait, baby.
00:11:28Love you.
00:11:29Love you, too.
00:11:54Hey.
00:12:00That last batch went pretty quick.
00:12:02Let's not get them too stuffed immediately.
00:12:04I'm no good at this.
00:12:05Look it.
00:12:06Look it.
00:12:08Sorry, sweetie.
00:12:09Hey.
00:12:10The plane took off late.
00:12:11These are for you.
00:12:17Gave Gertrude a call.
00:12:18No answer.
00:12:19Oh, well.
00:12:20Maybe she's in the garden.
00:12:22Evelyn, how are you?
00:12:23Thank you very much for taking care of things in my absence.
00:12:25I'm trying to improve my cooking skills.
00:12:28Baby, is everybody here watching the game?
00:12:30Yeah.
00:12:31Excellent.
00:12:32Hey, wait.
00:12:33Janie left a big hole in your tray there.
00:12:42Hmm.
00:12:53Gertrude.
00:13:03Gertrude.
00:13:12Whoa.
00:13:14Ah.
00:13:15Thank you, baby.
00:13:16OK.
00:13:17OK.
00:13:18OK.
00:13:19Yes.
00:13:20Oh.
00:13:21Now we're talking.
00:13:22Mm-hmm.
00:13:23Mm-hmm.
00:13:24Mm.
00:13:25Mm.
00:13:26Here we go.
00:13:27Here we go.
00:13:28Mm-hmm.
00:13:29No.
00:13:30Yeah, this is it.
00:13:31No.
00:13:32Yeah.
00:13:33No.
00:13:34Hello?
00:13:35Yes, this is Jane.
00:13:36This is when it all comes down to it.
00:13:38Yeah.
00:13:39Oh, my God.
00:13:40I'm sorry.
00:13:41I'm sorry.
00:13:42I'm sorry.
00:13:43I'm sorry.
00:13:44I'm sorry.
00:13:45I'm sorry.
00:13:46I'm sorry.
00:13:47I'm sorry.
00:13:48I'm sorry.
00:13:49I'm sorry.
00:13:50I'm sorry.
00:13:51I'm sorry.
00:13:52I'm sorry.
00:13:53I'm sorry.
00:13:54Gertrude.
00:13:56I'm sorry.
00:13:58Everyone.
00:13:59Everyone.
00:14:00Everyone.
00:14:01Gertrude.
00:14:02I'm sorry.
00:14:03Do you hear me?
00:14:04Gertrude.
00:14:05Sir, can I get a Conet?
00:14:07Yeah, I can get you a Conet.
00:14:09Okay, guys, let's take this off you.
00:14:12Make sure you get that.
00:14:15I'm Detective Romer.
00:14:17This is Jane Alexander, Gertrude McCabe's niece.
00:14:20What happened? Please.
00:14:22She was the victim of a homicide.
00:14:24Homicide?
00:14:26♪♪♪
00:14:34♪♪♪
00:14:41Who would do this? Who would do this to her?
00:14:45Maybe you better come, sir.
00:14:47♪♪♪
00:14:55We are trying to piece this together.
00:14:58It appears she was sitting on the couch.
00:15:01It appears she was reading a book.
00:15:03She stopped, she had a little lunch.
00:15:05There's a half-eaten sandwich on the coffee table,
00:15:07and the book is opened up on the couch.
00:15:10The best we can figure, between 12 and 2 on Saturday,
00:15:13somebody obviously came to the front door.
00:15:16There was no sign of forced entry.
00:15:18There was no forced trauma to the back of her head,
00:15:20and as you saw, there was stab wounds.
00:15:23There was quite a few.
00:15:25Is it likely that she would have opened the door to a stranger?
00:15:28No, no, no, no, never.
00:15:30She would have given him anything he wanted.
00:15:32He didn't have to kill her.
00:15:34Gertrude raised Jane.
00:15:35As a matter of fact, the majority of her life,
00:15:36she referred to her as Mom.
00:15:38Well, does she have any enemies?
00:15:39Does she have any disputes?
00:15:40No, no, no.
00:15:41There was two handymen.
00:15:44I don't know. She fired.
00:15:46Honey, I'm going to run to the restroom.
00:15:49It was a long drive.
00:15:53Hey, Detective, they just called.
00:15:54I got to go shoot a car accident blocking a freeway.
00:15:56I'll be back later.
00:15:57Okay.
00:15:59Ms. Alexander, are you up for a walkthrough?
00:16:04Please.
00:16:11What we're looking for is missing objects.
00:16:15Things the killer might have taken.
00:16:26Where's her checkbook?
00:16:27There's supposed to be a checkbook.
00:16:29She always paid with checks.
00:16:31We haven't found a checkbook.
00:16:43Anything missing here you can tell?
00:16:45I don't know.
00:16:50Your aunt, was she getting a little forgetful?
00:16:53Confused, maybe?
00:16:55No, she was forgetting little things.
00:16:59We found almost $200 in this bag.
00:17:04Emergency money. This is not right.
00:17:06Somebody stuffed this in here.
00:17:08Gertrude was meticulous about her things.
00:17:12This looks to me like a robbery gone sour.
00:17:15Who would do this to a harmless old woman?
00:17:19I've been asking myself that same question since I was a rookie.
00:17:23Can you tell me where you two both were on Saturday afternoon?
00:17:26Yeah, Jane was in San Francisco shopping for a party.
00:17:29I was in L.A. on business.
00:17:32I'm happy to give you the ticket information, phone number, where I stayed, etc.
00:17:36We need to clear everyone so I can focus on the perpetrator.
00:17:39Detective, if there's nothing else, I'm going to get her home.
00:17:43Good, good.
00:17:44Now, if there is anything at all that you can think of that would help.
00:17:49Will do. Thank you.
00:18:01As we have been reporting, San Jose police are continuing their investigation
00:18:05into the murder of Gertrude McCabe,
00:18:07which they are calling one of the most brutal and senseless crimes they have ever witnessed.
00:18:11Hey, babe. Why don't you take a break?
00:18:14I have to write it all down. All of it.
00:18:20You need to eat something.
00:18:21The only thing I need to do is make this monster pay for what he did to her.
00:18:26I know. I know. I know.
00:18:28Gertrude was my life growing up.
00:18:31She raised me.
00:18:33Mom died. She was the one who raised me.
00:18:36She did my schoolwork with me.
00:18:38She took me to the movies.
00:18:39No child ever had a better mother.
00:18:42I should have made her sell the damn house and live with us.
00:18:45There's no way you could have forced her to do that.
00:18:47That wouldn't have made her happy.
00:18:49Eating what you wanted her to, when you wanted her to.
00:18:51No. I should have taken care of her.
00:18:54I should have looked after her.
00:18:56I'm going to get this murderer.
00:18:58It's the last thing I do.
00:19:00Okay. Okay. Come here. Come here. Come here.
00:19:09I want to know why I'm here.
00:19:11Can you tell me why I'm here?
00:19:12I passed a leak in the roof.
00:19:14I cleaned some leaves out of the gutter.
00:19:16She paid me. I left. And that's all.
00:19:19Sit down.
00:19:23Did you get along with Mrs. McCain?
00:19:25Yes, I got along with her.
00:19:27Listen to me, Mr. Jackman.
00:19:29Virgil, someone killed that old woman.
00:19:33Maybe it was someone who thought they got shortchanged.
00:19:36Nobody shortchanges me.
00:19:38Yeah. I sense that about you.
00:19:41Sit tight.
00:19:43Mrs. Jackman, your husband is in a holding cell downstairs.
00:19:49It says in this file that you and he ran a retirement home in Florida
00:19:53and that Virgil was fired for getting funny with the old folks' money.
00:19:56Virgil can get funny with anything he puts his hands on.
00:19:59Did Virgil have a beef with Mrs. McCain?
00:20:05You listen to me.
00:20:07If Virgil was fired,
00:20:09you listen to me.
00:20:11If Virgil is responsible for Mrs. McCain's death,
00:20:14I don't have any issue with you.
00:20:17But if you cover up for him, you are going down, too.
00:20:21He worked extra for that old lady.
00:20:23Then she wouldn't pay him.
00:20:25Said he'd messed up some of her flowers.
00:20:30He's got a mean streak, Virgil.
00:20:32Was Virgil responsible for Mrs. McCain's death?
00:20:40Okay, then let's do it that way, all right?
00:20:44Jane.
00:20:46Please tell me you have good news.
00:20:48Take a look at this. You recognize it?
00:20:51Yeah. This was a plate Gertrude's brother gave her when she graduated.
00:20:56What are the chances that she would have given it to a worker in lieu of payment?
00:21:00No. No. Not in this lifetime.
00:21:02Okay. Come with me.
00:21:09Can you identify that man?
00:21:11Yes. He was her handyman, Virgil.
00:21:14We found this plate in the trunk of his car.
00:21:18His wife said he did it.
00:21:21We haven't found the checkbook yet,
00:21:23but the bank said the last check to clear was to Mr. Jackman,
00:21:26and it was cashed just a few hours after your aunt's death.
00:21:32So that's it? It's over?
00:21:35That's it.
00:21:37We're going to ask the D.A. to indict.
00:21:40We cleared the crime scene,
00:21:42so if you want to get your aunt's possessions, you can go right ahead.
00:22:08You know what I can't figure?
00:22:10Why would Virgil take Gertrude's checkbook?
00:22:13It just doesn't make any sense.
00:22:15Maybe he wanted to paper the town with bad checks.
00:22:18I don't think so.
00:22:20I don't think so either.
00:22:22I don't think so either.
00:22:24I don't think so either.
00:22:26I don't think so either.
00:22:28I don't think so either.
00:22:30I don't think so either.
00:22:32I don't think so either.
00:22:34It just doesn't make any sense.
00:22:36Maybe he wanted to paper the town with bad checks and then split.
00:22:40How do you think about it?
00:22:42It'd be a lot easier than pawning her jewelry.
00:22:47Come on. Let's change the mood for 15 minutes, all right?
00:23:00Hello? Jane, Detective Romer here.
00:23:03I'm afraid I haven't heard anything.
00:23:05Well, there's been a development.
00:23:07It seems that Virgil Jackman was in Monterey doing landscaping at the time of the murder.
00:23:13The homeowner alibied him.
00:23:15Why would his wife say he did it?
00:23:17She was lying.
00:23:18She's done it before just to get even with him for hitting her.
00:23:21So the only thing we can charge Virgil Jackman with is stealing the silver plate.
00:23:26Okay, so what's next?
00:23:28Jane, we've cleared everyone who's ever worked for your aunt.
00:23:31Delivery men, former handymen.
00:23:34We're at a dead end. I'm sorry, Jane.
00:23:39So they cleared Virgil?
00:23:43Yeah.
00:23:53Hey.
00:23:55It's a cop's job to find the killer.
00:23:58It's my job to take care of you.
00:24:02Yes.
00:24:15Detective Romer.
00:24:19Jack Morris.
00:24:20Ah, my replacement.
00:24:24Welcome to Homicide, Detective Morris.
00:24:26Oh, you got a chance to look at the McKay files.
00:24:29Everything in the file.
00:24:30You read everything in the file.
00:24:33Well, good luck with it.
00:24:35I've seen some dead ends in my day, but this one takes the cake.
00:24:41You want Jane Alexander's bank statements and phone records.
00:24:46You don't buy the robbery theory?
00:24:50You do know we cleared Jane and her boyfriend months ago.
00:24:53She was in San Francisco, he was in Los Angeles.
00:24:56They talked on the phone that night.
00:24:58Read that.
00:25:00They got a theory?
00:25:03Yeah.
00:25:05I heard you don't talk much.
00:25:08Your captain in narcotics said you were the best interrogator he's ever seen.
00:25:13How does that work, if you don't talk?
00:25:16Me talking ain't the point.
00:25:24You, uh, you realize it's July, right?
00:25:27You can probably start wrapping these Christmas presents after Labor Day.
00:25:31You can still make it.
00:25:33There's something missing, Tom, and it's about the checkbook.
00:25:37Maybe I really think we ought to take that trip to Ireland.
00:25:40Let the police do their job.
00:25:41You're going to go crazy if you keep this up.
00:25:43I can't go anywhere right now.
00:25:46I'm not going to allow whoever did this to make you a victim as well.
00:25:48I'm not.
00:25:50I'll get it.
00:25:52Hi, Detective Morris, San Jose PD.
00:25:55Can I come in, please?
00:25:56Yeah, of course.
00:25:57This way.
00:25:59Jane Alexander, Detective Morris, San Jose Police Department.
00:26:02Hi.
00:26:03Jane.
00:26:04Jack.
00:26:05Hi.
00:26:06So, what happened to Detective Romer?
00:26:08He took a job in private security.
00:26:10I'm the new guy.
00:26:11I just transferred in from narcotics.
00:26:14Oh, so it's your first homicide.
00:26:16Yeah.
00:26:17I just transferred in from narcotics.
00:26:19Oh, so it's your first homicide.
00:26:22They almost gave the new guy a cold case.
00:26:25Cold case.
00:26:26Okay.
00:26:27That's encouraging.
00:26:29Detective, can I offer you a glass of lemonade?
00:26:31Ah, yes.
00:26:36I kind of ran into a dead end on the robbery angle.
00:26:40Well, yeah.
00:26:41Of course you did.
00:26:42What robber is going to throw her stuff around and leave behind her cash?
00:26:45Jane's been reading a lot of Gertrude's old mysteries.
00:26:52Oh, that's really good.
00:26:54That's tangy.
00:26:56So, do you have any leads, Detective?
00:26:59I'm going to look a little closer to home.
00:27:01Friends, acquaintances, family members.
00:27:04I'm her only family member.
00:27:06And her friends are older than the automobile.
00:27:09You don't have any financial dealings that Mrs. McCain would have had?
00:27:13Loans? Private party purchases?
00:27:16I borrowed $25,000 from her for house repairs.
00:27:18And when I tried to pay it back, she just tore up the check.
00:27:25Ah, boy. That is really good.
00:27:27It's a lot better than the stuff in the can.
00:27:32Do you know what Mrs. McCain's estate was worth?
00:27:36Houses? Insurance?
00:27:38No, it's all tied up in the homicide.
00:27:39Even the insurance.
00:27:41Oh, right.
00:27:42I have a feeling you already know this, Detective.
00:27:46Ah, I've been looking at it.
00:27:50I think it's worth about a million dollars.
00:27:53Probably.
00:27:58Oh, one more thing.
00:27:59We're fingerprinting anybody who was a regular at the McCain house.
00:28:04Would you two mind coming down tomorrow to be fingerprinted?
00:28:09Not a problem. Of course.
00:28:12Great.
00:28:15Lemonade was spectacular. Thank you.
00:28:21I'll see him out.
00:29:01You know the killer wore latex gloves? There are no prints.
00:29:05Sometimes you have to stir the pot.
00:29:13I want to thank you both for coming down.
00:29:15Of course.
00:29:17I just got this file from the FBI behavioral science unit.
00:29:21They profile crimes, difficult ones, without that many clues.
00:29:24Okay.
00:29:25I shouldn't be doing this, but I would like to share some of this with you.
00:29:30Mind sitting down?
00:29:31Sure.
00:29:43It's probable.
00:29:45The killer or killers were known to the victim and acquainted with her normal routines.
00:29:51The lack of a forced entry and trauma to the back of the victim's head
00:29:56indicates she trusted her assailant enough to permit him entry and turn her back.
00:30:02Or maybe she turned her back to run?
00:30:06Since investigators have never been able to find the killer,
00:30:10since investigators have yet to identify missing objects other than the victim's checkbook,
00:30:16the ransacking may be viewed as an attempt to mislead investigators into thinking the crime was a robbery.
00:30:23The repeated attempts at killing the victim,
00:30:27which included multiple stab wounds and bludgeoning,
00:30:32suggest the killer was inexperienced in the commission of a violent crime.
00:30:38The most likely motive for the murder of Gertrude McCabe
00:30:42was to gain the proceeds of her estate.
00:30:47Do not eliminate the possibility the killer is a woman.
00:30:52Are you insinuating I killed my aunt, the woman who raised me?
00:30:57I'm just reading from the report.
00:30:59Okay. You know what, detective?
00:31:01This is ridiculous. First of all, Jane doesn't need anyone's money.
00:31:04I've got a trust that I'm about to cast that will more than take care of us financially,
00:31:07and she's very aware of that.
00:31:09Not to mention the fact that she was in San Francisco at the time of the murder.
00:31:13You know what, baby?
00:31:15I think the detective here is not interested in solving a murder.
00:31:19I think he's interested in clearing a case.
00:31:21You're wasting your time, detective. And meanwhile, there's a murderer getting away with it.
00:31:26I think it's time we get you an attorney.
00:31:34All right. Well, let's make sure that happens ASAP.
00:31:36Okay. Bye-bye.
00:31:39Tom, they can't really believe I had anything to do with that.
00:31:42I have a bad feeling that detective Morris doesn't quite see it our way.
00:31:45They can't arrest me for something I didn't do. It's crazy.
00:31:48I think they're giving a lot of credibility to that FBI report.
00:31:51You know, they said she was killed for the proceeds of her estate.
00:31:55Do not rule out the prospect the perpetrator might be a woman.
00:31:59I'm scared.
00:32:01Baby.
00:32:03Look, I'm going to go to Switzerland. I'm going to take care of business.
00:32:05And I'm going to come back and we're going to figure this out.
00:32:08I just need you to be strong right now.
00:32:11We're going to be together forever. I just need to know that you're okay.
00:32:15Your finances are okay. The house is taken care of.
00:32:20I love you so much.
00:32:22I love you too. It's going to be fine.
00:32:33Hello?
00:32:34Jane. Jack Morris. I'm not calling too late, am I?
00:32:38Uh, no. It's okay.
00:32:40I was wondering if you could do me another favor.
00:32:43Could you and Tom come back down to San Jose?
00:32:45Tom just left for Switzerland.
00:32:47Why? What do you want?
00:32:48I need you to take a polygraph.
00:32:50You want me to take a lie detector test?
00:32:53I just need to clear every one of them.
00:32:55Okay.
00:32:56I need you to take a polygraph.
00:32:58You want me to take a lie detector test?
00:33:01I just need to clear every one I can.
00:33:03I'm trying to refocus the case.
00:33:05This is insane.
00:33:07Come down tomorrow.
00:33:09Get a good night's sleep.
00:33:13Yeah, I'm sure I will.
00:33:16I'm Jim Rode, Jane's attorney. I'd like to see the questions that you're going to ask her.
00:33:20Chris.
00:33:46Is your name Jean Alexander?
00:33:49Yes.
00:33:51Do you live in Pacific Heights?
00:33:54Yes.
00:33:56Did you enter the home of Gertrude McCabe on October 6th of last year?
00:34:01No.
00:34:03Did you learn of the death of Gertrude McCabe by phone call?
00:34:08Did you learn of the death of Gertrude McCabe by phone call?
00:34:12No.
00:34:13Did you learn of the death of Gertrude McCabe by phone call?
00:34:17Yes.
00:34:19Did you plan the murder of Gertrude McCabe with anyone prior to her death?
00:34:23No.
00:34:25Did you take the checkbook from Gertrude McCabe's home?
00:34:28No.
00:34:30Did you assist anyone in planning the murder of Gertrude McCabe?
00:34:34No.
00:34:36Were you present at the home of Gertrude McCabe at the time of her death?
00:34:39No.
00:34:40Did you murder Gertrude McCabe?
00:34:43No.
00:34:49You didn't do it.
00:34:51Of course I didn't.
00:34:53I was pretty sure you didn't.
00:34:55Why did you put me through that?
00:34:57I had to make sure you had an Obama before or after.
00:35:00Are we done here?
00:35:02Sure.
00:35:05What's your next step?
00:35:07Same old step. Catch a murderer.
00:35:10Okay.
00:35:32Hello?
00:35:34Hi, Joel. It's Jane Alexander up in San Francisco.
00:35:37Yeah. What can I do for you?
00:35:40I was wondering if maybe you heard from Tom lately?
00:35:43He's in Switzerland, but has he called you at all?
00:35:46No. Not in a while. Not since he left.
00:35:54If he calls you, can you just ask him to get in touch with me?
00:35:59Sure. No problem. Take care.
00:36:10Jack.
00:36:36You got some coffee?
00:36:38I got something you need to see.
00:36:41Okay.
00:36:47Look at that.
00:36:49It's a car rental receipt with your name on it.
00:36:52Yesterday I flew to Los Angeles, I rented that car,
00:36:56and I drove from the airport to San Jose.
00:37:01I marked the mileage at the bottom.
00:37:03672 miles.
00:37:04Now.
00:37:07Look at this receipt.
00:37:11Henry Carmichael.
00:37:13That's the same car, same license plate.
00:37:17Rented the day that your aunt was murdered.
00:37:20Look at the mileage.
00:37:22You're telling me Henry Carmichael killed my aunt?
00:37:27No.
00:37:29Henry Carmichael rented the car.
00:37:32But he never left Los Angeles. I checked.
00:37:36I don't understand.
00:37:38Henry Carmichael gave the car that he rented to someone
00:37:44who didn't want his name on the rental car receipt.
00:37:50Tom O'Donnell drove to San Jose.
00:37:54Tom O'Donnell murdered Gertrude McCabe.
00:37:59Have you gone crazy?
00:38:00McCabe.
00:38:02Have you gone completely mad?
00:38:04I've known this man for 20 years. I've never even heard him raise his voice.
00:38:08The mileage points to Tom.
00:38:11What possible motive could he have?
00:38:14The oldest motive in the world. Money.
00:38:17Your aunt's estate was worth almost a million dollars.
00:38:21No. Tom is not related to Gertrude. He doesn't get a penny.
00:38:27I knew this was going to be difficult for you.
00:38:30I'll tell you what's difficult.
00:38:32My aunt is dead.
00:38:34And since you can't nail it on me, you're going to nail it on someone else who had nothing to do with it.
00:38:47There's something else I want you to look at.
00:38:50This is a picture of a tissue that was found in your aunt's house.
00:38:54It didn't match anything she had.
00:38:57It's also a lipstick smudge.
00:39:00I checked around and it didn't match anything that she owned.
00:39:05And you just think about this.
00:39:08Check it out.
00:39:10Where did they find it?
00:39:13They found it stuffed down her throat in a crude attempt to keep her silent.
00:39:20Good night, Detective.
00:39:30Good night.
00:39:40This detective said you rented a car and gave it to Tom.
00:39:46I put the rental car on my credit card because I owed Tom money.
00:39:50You know, he spent all day going to banks trying to refinance your house for you.
00:39:55I can't believe this, Jane.
00:39:58I'm sorry, Jane. You don't have enough to cover it.
00:40:01How can my balance be this low? I'm never overdrawn. I've been in this bank forever.
00:40:06You weren't aware that Tom transferred a large sum before he left?
00:40:10He was just managing some stocks.
00:40:12Well, he transferred the money somewhere.
00:40:14What about the line of credit on my home?
00:40:17Looks like you're maxed out, plus you have a balloon payment due.
00:40:20Sorry.
00:40:27I'm sorry.
00:40:57I'm sorry.
00:41:13My dearest Jane, I asked a friend to forward this letter to you.
00:41:17When I returned to Switzerland,
00:41:19the authorities were investigating my former business partners for some of our transactions.
00:41:24It's a mess. My partners tried to blame me.
00:41:27There have been threats.
00:41:29And I fear it could be dangerous for anyone I'm close to.
00:41:32It pains me more than you will ever know.
00:41:35But you must not try to contact me until this mess is cleared up.
00:41:38I only want what's best for you.
00:41:40And I miss you more than you can imagine.
00:41:43I will never forget our magnificent years together.
00:41:46All my love, Tom.
00:41:58This is a picture of a tissue that was found in your aunt's house.
00:42:02It's also a lipstick smudge.
00:42:05And we checked around.
00:42:07And it didn't match anything that she owned.
00:42:19They found it stuffed down her throat
00:42:22and accrued it to you.
00:42:23They found it stuffed down her throat
00:42:26in a crude attempt to keep her silent.
00:42:45This is an antique. It belonged to my aunt.
00:42:48So, 200 is the best I'm going to do on that.
00:42:54Thank you very much.
00:42:58I got a message you wanted to see me.
00:43:00Something important?
00:43:02You moving?
00:43:04No. The bank foreclosed on my house.
00:43:07I owe more than it's worth, so they're just going to take it off my hands.
00:43:10Let's go inside.
00:43:12You can keep an eye on this, right?
00:43:21This is the lipstick.
00:43:23I kissed him when he was going to L.A.
00:43:26and he wiped it off and put the tissue in his pocket.
00:43:29This is the exact tube.
00:43:33He's very clever, giving me the photo.
00:43:36Some people you push.
00:43:38Some people come by their own design.
00:43:43I got this from Tom on Christmas Eve.
00:43:45He says he's in Europe.
00:43:47He's still in the country, isn't he?
00:43:49I checked every airline and cruise ship from Canada to Mexico.
00:43:54And unless he swam, he's in the U.S. somewhere.
00:43:59I feel like the world's biggest idiot.
00:44:03You said it yourself, Jane.
00:44:05He never gave you any reason to mistrust him.
00:44:08And that trust has taken everything from me.
00:44:11Even with this, I have no evidence.
00:44:15There is one thing that I can do.
00:44:17You fill out a complaint for him taking your money
00:44:20and I will put it out on the wire.
00:44:22And when we find him,
00:44:24I will interrogate this guy for murder.
00:44:28This guy's dangerous, Jane.
00:44:30There's no telling what he's going to do
00:44:32when he finds out we're on his trail.
00:44:34Okay, you arrest Tom O'Donnell.
00:44:37I can take care of myself.
00:44:38It's kind of small.
00:44:43Kind of small.
00:44:46You know, maybe it should come with a shoehorn or something.
00:44:50What do you think?
00:44:52It's cozy.
00:44:54Wait a minute.
00:44:56Come on, you're not seriously thinking of living here.
00:44:59It's very cheap.
00:45:01I mean, it's not cheap.
00:45:03It's not cheap.
00:45:05It's not cheap.
00:45:06You're not seriously thinking of living here.
00:45:08It's very cheap by San Francisco standards.
00:45:10Well, how about free?
00:45:12Come live with me and Bob.
00:45:14I can't let you...
00:45:16I can't let you stay here.
00:45:18Ev, you're a great friend.
00:45:20But I dug myself into this hole
00:45:22and I'm digging myself out of it.
00:45:30Honestly, when I spoke to the agency,
00:45:32I was a little concerned.
00:45:34Why?
00:45:36And what is it?
00:45:38Oh, it's a little while.
00:45:40I worked on Wall Street.
00:45:42Makes me wonder why they sent you here.
00:45:44Something about nobody else wanting this job.
00:45:47Okay.
00:45:49Do you mind if I ask you why you requested the night shift?
00:45:52During the day I'm tracking the killer.
00:46:00Phaedra Hill, rest home.
00:46:02How may I direct your call?
00:46:06I'm sorry.
00:46:37This guy's dangerous, Jim.
00:46:39There's no telling what he's going to do
00:46:41when he finds out we're on his trail.
00:47:06Help!
00:47:36Help!
00:48:06Jim!
00:48:36Jim!
00:48:52Hello?
00:48:54Jane. Jack Morris.
00:48:56Have you been getting my letters?
00:48:58You mean roses red and violets blue,
00:49:00Tom O'Donnell is laughing at you?
00:49:02We got a whole pile of them.
00:49:04You can expect more.
00:49:06If Tom O'Donnell calls his friends
00:49:08and he finds out you're trying to track him down,
00:49:10that increases the chances of him coming after you.
00:49:13Okay, let's look at it this way.
00:49:15If Tom O'Donnell kills me, he'll be easier to catch.
00:49:18You can expect more letters.
00:49:37Good night, Jane.
00:49:39Good night.
00:49:40Try to keep awake.
00:49:41Okay.
00:49:53Hello?
00:49:56Hello?
00:50:06Hello?
00:50:36Hello?
00:50:57Hello?
00:50:59Is this Shelly Markham?
00:51:01This is Jane Alexander.
00:51:03Oh, hey. Joel told me you called a while back.
00:51:04Did the cops ever find that guy who killed your aunt?
00:51:07No, no. No, they didn't.
00:51:09I'm just wondering if you've heard from Tom?
00:51:11Not in a while.
00:51:13Do you remember when you saw him last?
00:51:15He did mention that he might swing by Las Vegas
00:51:18and see you and Joel on his way to Europe.
00:51:21Yeah, yeah, he stayed with us on his way to Sweden or something.
00:51:24Switzerland, Switzerland.
00:51:26You saw him on his way to Switzerland?
00:51:28Yeah. Hey, I gotta get to work.
00:51:30You take care, okay?
00:51:32Okay.
00:51:34Bye.
00:51:39Jack, you have to take a trip to Las Vegas.
00:51:47Not a bad place to hide, Vegas.
00:51:50Blend in with all those tourists.
00:52:04What's that?
00:52:25Hello, cowboy.
00:52:31You've had a bad time stealing Jane's money.
00:52:34I didn't steal anything.
00:52:36Then there's the other matter.
00:52:38You know, Gertrude McCabe.
00:52:42And you wonder why I left.
00:52:46Is there anyone competent there where you work?
00:52:48Anyone at all, detective?
00:52:52I found the car your buddy Henry rented for you.
00:52:56The one with all those miles.
00:52:59If you can explain that, this will all go away, Tom.
00:53:02If I was fleeing a murder charge,
00:53:04why would I move to Vegas where anyone with a brain could find me?
00:53:07Besides, if you had me on murder charges,
00:53:09you wouldn't be arresting me for fraud.
00:53:11That's for sure.
00:53:13What do you mean you won't extradite him?
00:53:15He murdered an old woman.
00:53:17First of all, you don't have sufficient evidence.
00:53:19The issue isn't murder right now,
00:53:21it's fraud for stealing your money.
00:53:23I mean, on the surface, a jury could see this as a financial dispute.
00:53:25No, I want this guy for the murder of Gertrude McCabe.
00:53:27You don't extradite him, we'll lose him forever.
00:53:29God help you if you let that happen.
00:53:32Extradition proceedings aren't cheap.
00:53:34You're kidding, right?
00:53:42How do people like that get in power?
00:53:44They get elected.
00:53:46Not by me. So where are we?
00:53:48Well, unless we can wave a magic wand
00:53:50and get him to volunteer for extradition.
00:53:52Tom McDonald walks tomorrow.
00:53:54Not if I can help it.
00:53:55Don't do something you're going to regret.
00:54:25Are you okay?
00:54:27Yeah.
00:54:29Yeah, Jane, I'm fine.
00:54:33Why?
00:54:35Jane, why?
00:54:37Why would you do that to me?
00:54:39I didn't want to file the fraud complaint.
00:54:41Tom, please.
00:54:43The bank was going to come after me.
00:54:45I never wanted to do it.
00:54:47But you know why I took that money?
00:54:49Why?
00:54:51Because I wanted to help you.
00:54:52I wanted to do it.
00:54:54But you know why I took that money?
00:54:56I took it so I could go to Zurich
00:54:58and cash the trust for you.
00:55:00I did that for you.
00:55:02And now you know what that crazy detective is saying?
00:55:05That I killed Gertrude.
00:55:07Me.
00:55:09I know.
00:55:11Have you ever seen me hurt anyone?
00:55:13Never.
00:55:15Threaten anyone?
00:55:17No, no, no, never.
00:55:19Tom, please come back willingly and talk to them.
00:55:20Don't make them extradite you.
00:55:22Please.
00:55:24I would never testify against you.
00:55:26And I'll drop the fraud charges.
00:55:28I settled Gertrude's estate.
00:55:30I'm going to get you an attorney.
00:55:32I'll post your bail.
00:55:34Please come back.
00:55:40I love you, baby.
00:55:44I miss you so much.
00:55:51You've reached Detective Morris.
00:55:53Please leave a message.
00:55:55Jack, I waved the magic wand.
00:55:57Tom O'Donnell just agreed to voluntary extradition.
00:56:20All rise.
00:56:30Please be seated.
00:56:34Thomas O'Donnell,
00:56:36you pled guilty to one count of fraud
00:56:39for the theft of monies from Jane Alexander.
00:56:42Do you have anything to say before sentencing?
00:56:48Yes, Your Honor.
00:56:50I'm innocent.
00:56:52Jane Alexander actually requested
00:56:54that I invest a sum of money for her, which I did.
00:56:57It wasn't until I paid myself a fee
00:56:59that she filed fraud charges against me.
00:57:01I pled guilty under duress
00:57:03because of false information provided by Miss Alexander,
00:57:06which is also the reason I returned here voluntarily.
00:57:10Wrong speech, Mr. O'Donnell.
00:57:12What I was looking for was
00:57:14I'm sorry I stole her money and ruined her life.
00:57:17Perhaps four years in the state penitentiary
00:57:18will give you some time to mull it over.
00:57:21Bailiff, remand him to custody.
00:57:24Counselor, would you approach the bench, please?
00:57:31But we still can't charge him with murder.
00:57:34D.A. needs more evidence.
00:57:36Right now, Tom's got an alibi for everything.
00:57:39Jack,
00:57:41I'm gonna get justice for Gertrude if he kills me.
00:57:49Excuse me, do you know where Margaret is?
00:57:52Over there.
00:57:56Margaret.
00:57:58Jane, how are you?
00:58:00I heard what Tom did, taking your money.
00:58:02I can't say I'm surprised.
00:58:04Why's that?
00:58:06Well, my husband and me gave him money to invest.
00:58:08We never got no statements, nothing.
00:58:10He said the company went bankrupt.
00:58:12Big lie, that was.
00:58:14I'm sorry.
00:58:15Margaret, I was looking at my phone bill
00:58:17and I noticed he called you the morning my aunt was murdered.
00:58:19He called to say she died
00:58:21and that he was coming into some money
00:58:23so he could finally pay us back.
00:58:25Margaret.
00:58:27I gotta go.
00:58:29Are you sure that was the morning Gertrude was killed?
00:58:31He called you three times that month.
00:58:33I'm pretty sure.
00:58:35There was a football game on TV.
00:58:3749ers and Broncos.
00:58:39I really gotta go, I'm sorry.
00:58:41Homicide, Detective Morris.
00:58:43Jack, Tom called his niece
00:58:45and told her Gertrude was murdered
00:58:47an hour before we knew she was dead.
00:58:49And he told her I was coming into Gertrude's money, okay?
00:58:51So there's your motive.
00:58:53She's sure.
00:58:55That's the only call he made to her during that period.
00:58:57No, he called her three times that month
00:58:59but she's pretty sure
00:59:01because she remembers the football game being on.
00:59:03I'll call the DA and let him know.
00:59:05Mr. MacArthur.
00:59:07I'm Janie Alexander, remember?
00:59:09Did you review Detective Morris' note
00:59:11on Tom O'Donnell's niece?
00:59:13The note says Margaret Wilson was pretty sure
00:59:15about the date of Tom's call.
00:59:17I can't convict on pretty sure.
00:59:19You're a pretty good prosecutor, right?
00:59:21What is it, 82% convictions on major felonies?
00:59:24A lady who does her homework.
00:59:26Yeah, well, somebody has to.
00:59:28I'm sorry.
00:59:30I'm sorry.
00:59:31A lady who does her homework.
00:59:33Yeah, well, somebody has to.
00:59:35Batting average like that should earn you
00:59:37a big fat salary in private practice, right?
00:59:39I'm going to need more than this.
00:59:41And I'm going to need a prosecutor with some guts.
00:59:43You don't happen to know where I can find one, do you?
00:59:46Joyce Saldano.
00:59:49The guy in my office calls her the queen of lost causes.
00:59:52She'll try any case if she believes in it.
01:00:02I'll call you back.
01:00:05Jane.
01:00:06Yeah.
01:00:07Joyce Saldano.
01:00:08Hi.
01:00:15Do you mind if we get straight to the point?
01:00:17Please.
01:00:18Frankly, this case stinks.
01:00:21There's no physical evidence.
01:00:23Not a strand of hair, a fingerprint, nothing.
01:00:27I'm sorry.
01:00:29No murder weapon, no witnesses.
01:00:31Cases based on circumstantial evidence
01:00:33get won all the time,
01:00:35and every bit of this points to Tom O'Donnell.
01:00:37Then there's the motive.
01:00:39I searched every murder conviction in this county.
01:00:42Going back 30 years,
01:00:44there's not one case of a suspect murdering someone
01:00:48so that someone else could collect the victim's estate.
01:00:51Unless...
01:00:53Unless they're in it together.
01:00:55We're just off to a rousing start.
01:00:56Tom's friend, Henry,
01:00:58still claims that Tom went to Vegas
01:01:00and was back in the afternoon.
01:01:02Too early to have driven to San Jose and back.
01:01:05Personally, Miss Saldano,
01:01:07I would charge Henry with perjury
01:01:09and accessory to murder.
01:01:11That's exactly what I intend to do.
01:01:15I thought you said you weren't going to take the case.
01:01:18I said the case stinks.
01:01:20I didn't say I wasn't going to take it.
01:01:22Why don't you sit down and have some dinner?
01:01:24I have a few questions.
01:01:26To ask you, please, sit down.
01:01:32Fire away.
01:01:34Jane,
01:01:36if we fail,
01:01:38Tom O'Donnell is a free man.
01:01:41But he isn't free yet.
01:01:43No.
01:01:45No, no. Don't tell me.
01:01:47Model prisoner.
01:01:49First offense,
01:01:51gets out this week.
01:01:53He only had to serve nine months of the four-year sentence.
01:01:54See, this is why they call it
01:01:56the criminal justice system,
01:01:58because it's criminal the way they administer justice.
01:02:00Just don't ask me to hide from you.
01:02:02You know, Detective Morris tells me
01:02:05that you're quite adept
01:02:07at finding the little pieces of this puzzle.
01:02:09I sure could use some more pieces.
01:02:21I just don't understand the purpose of this.
01:02:22I got Tom to agree to one more interview.
01:02:24Told him if he checks out
01:02:26that he never has to talk to me again.
01:02:28But you're lying, right?
01:02:30Me? Lie to a murderer and his attorney?
01:02:47Charlie Vaughn.
01:02:49I'm Mr. O'Donnell's attorney.
01:02:51I want to remind you, Detective,
01:02:53that we're here voluntarily.
01:03:09Anything I can help you with here?
01:03:11I'd like to clear up
01:03:13this Gertrude McCabe stuff.
01:03:15Not as much as I would.
01:03:17It says, um,
01:03:18here, you drove to Vegas, correct?
01:03:21I drove to Las Vegas.
01:03:23I drove up and down the Vegas Strip.
01:03:25I was waiting for a woman to get off work.
01:03:28For?
01:03:30For personal reasons, Detective.
01:03:33I can't find her name.
01:03:35You're gaming us, Detective.
01:03:37Mr. O'Donnell has refused to supply her name.
01:03:39The lady was married.
01:03:41A hotel where this rendezvous took place.
01:03:43You remember every hotel you've ever been in?
01:03:45Every restaurant?
01:03:46And yes, I did, I paid cash.
01:03:48I didn't want to hurt Jane
01:03:50if she stumbled across a credit card statement.
01:03:52Was it a big hotel?
01:03:54A little hotel?
01:03:56I was meeting a woman
01:03:58in a hotel room, Detective.
01:04:00I was more interested in her than the decor.
01:04:03I would appreciate it, Detective,
01:04:05if Jane Alexander didn't find out about any of this.
01:04:07Despite making my life miserable,
01:04:09I actually care about her.
01:04:11I'll just keep that between the two of us.
01:04:14This is a rental receipt.
01:04:18It's the car Henry rented and you drove.
01:04:21Okay.
01:04:23It amazes me that the mileage
01:04:25is exactly the distance
01:04:27between the Los Angeles airport
01:04:29and Gertrude McCabe's house and back.
01:04:32I was in Las Vegas, Detective.
01:04:35The round trip to Las Vegas
01:04:37is 220 miles closer.
01:04:39Than San Jose.
01:04:41You would have had to have driven
01:04:43up and down the strip 84 times
01:04:45to make up the difference.
01:04:47I got lost driving back to L.A.
01:04:50I was tired.
01:04:52I was actually falling asleep at the wheel
01:04:54and I accidentally pulled down a country road.
01:04:56I found a bird town named Atolla
01:04:58or Atoya, something like that.
01:05:00That totally explains it.
01:05:02I wish you'd have said that before.
01:05:05How far up the road
01:05:06is this little town?
01:05:08Atolla?
01:05:10Atoya.
01:05:12How do you spell that?
01:05:14Look it up, Detective.
01:05:16Unless you're planning
01:05:18on rearresting my client,
01:05:20he walks in two hours.
01:05:22Let's go.
01:05:23Yep.
01:05:37At least he really cares
01:05:39about my feelings.
01:05:41He's that kind of man.
01:05:43You think you know someone
01:05:45your whole life and one morning
01:05:47you wake up to the devil.
01:05:49They're gonna let him go
01:05:51and you have to be more careful
01:05:53than ever.
01:05:58It's Atolla?
01:06:00Atolla.
01:06:02Anything.
01:06:04A-T-T-O-L-L-A.
01:06:06I-A.
01:06:08Anything. It's a town.
01:06:37Oh, my God.
01:06:39Oh, my God. Oh, my God.
01:06:41What happened?
01:06:42Someone broke in.
01:06:44One of your neighbors heard noises,
01:06:46called 911.
01:06:48I put you on a watch list
01:06:50with the San Francisco PD.
01:06:52I came as soon as they called.
01:06:54Is it Tom?
01:06:56No, it's not Tom.
01:06:58I called his parole officer
01:07:00in San Diego.
01:07:02He's right where he should be.
01:07:04This is a random event.
01:07:07What am I supposed to do?
01:07:10Oh, my God.
01:07:12Jane, you called me
01:07:14with some information.
01:07:16Yeah.
01:07:18The town, Atolla.
01:07:22Atolla
01:07:24is a ghost town.
01:07:26I talked to the sheriff.
01:07:28No one's lived there for 40 years.
01:07:30Tom probably found a map
01:07:32in the prison library
01:07:34and calculated how far he had to drive
01:07:36to get to the village on the rental car.
01:07:39I guess if you lie enough,
01:07:41then sooner or later,
01:07:43one of those lies is going to catch up with you.
01:07:45I've already got Joyce
01:07:47issuing an arrest warrant.
01:08:07They've been living together for months.
01:08:09Hey, baby.
01:08:11He met her online
01:08:13using a computer in the prison library.
01:08:15Told her he was an investment banker.
01:08:17That's how you can afford the fancy lawyer.
01:08:19He found another one
01:08:21as pathetic as me.
01:08:23The pathetic one is in handcuffs.
01:08:33Your Honor,
01:08:34just how many continuances
01:08:36is Mr. O'Donnell going to receive?
01:08:38This is the fifth one.
01:08:40This is a murder case, Your Honor.
01:08:42The defense needs time to prepare.
01:08:44Mr. O'Donnell is stalling.
01:08:46His alibi witness, his pal,
01:08:48Mr. Carmichael, has cancer.
01:08:50Mr. Carmichael is afraid
01:08:52I'll slap him with perjury
01:08:54when he's called in to testify.
01:08:56Mr. O'Donnell is stalling
01:08:58until Mr. Carmichael dies.
01:09:00Well, if that happens,
01:09:02we'll proceed without Mr. Carmichael's testimony.
01:09:04He's in jail.
01:09:09I know you've had a long day
01:09:11and I'm not going to keep you here
01:09:13any longer than I have to.
01:09:15But there's something I have to show you.
01:09:17These are the original photos
01:09:19taken at the crime scene.
01:09:21This picture was misfiled,
01:09:23taken by a second photographer
01:09:25later that day.
01:09:27Someone put the checkbook back in the drawer
01:09:29while you were still in the house.
01:09:31Where was Tom?
01:09:32This guy's a piece of work.
01:09:34He put the checkbook back in the drawer
01:09:36not knowing the desk
01:09:38had already been photographed.
01:09:40Why would he do that?
01:09:42Because he knew the estate,
01:09:44the big money,
01:09:46would be tied up with a homicide.
01:09:48He wanted to know
01:09:50how much cash Gertrude had on hand.
01:09:52He was desperate for money.
01:09:54That's why he killed her.
01:09:56Hang on.
01:09:58Morris.
01:10:03Henry Carmichael's dead.
01:10:08Tom's attorney's demanding
01:10:10the right to a speedy trial.
01:10:16Jane, can I speak with you please?
01:10:21I'm concerned about your testifying.
01:10:23Tom's attorney has asked
01:10:25to see everything you've done.
01:10:27Everything you've touched.
01:10:29Every witness that you spoke to.
01:10:31And every letter you sent to the cops.
01:10:33He's coming after you, Jane.
01:10:35I can handle it.
01:10:37Look,
01:10:39what you did
01:10:41was miraculous.
01:10:43But it's my case now.
01:10:45Just facts, ma'am.
01:10:48Circumstantial evidence
01:10:50is like playing chess with just the pawns.
01:10:54If your anger takes over,
01:10:55the defense will eat you alive.
01:10:59This is one of the most heinous crimes ever.
01:11:01The cold,
01:11:03calculated,
01:11:05and remorseless murder of Gertrude McCabe.
01:11:07The defendant, Tom O'Donnell,
01:11:09bludgeoned her,
01:11:11stabbed her repeatedly,
01:11:13and when she wouldn't die,
01:11:15he strangled her.
01:11:17All so that the victim's niece,
01:11:19Jane Alexander,
01:11:21who had no knowledge of any of this,
01:11:23could inherit the estate
01:11:25and Mr. O'Donnell could enjoy the proceeds.
01:11:37Would you stop, please?
01:11:39You're driving me crazy.
01:11:41You're going to have to chain me up.
01:11:44You want to explain to me
01:11:46why they don't want you
01:11:48sitting in on the opening arguments?
01:11:50Because they don't want any witnesses
01:11:52to be influenced by someone else's statements.
01:11:53You know, maybe you should consider
01:11:55a career in criminal justice.
01:11:57It's really scary, but you're getting good at this stuff.
01:11:59Maybe I should consider a career on a bomb squad,
01:12:01which would be saner than this.
01:12:03No thanks.
01:12:05The defendant was clever enough
01:12:07to dispose of the murder weapon
01:12:09and wear latex gloves.
01:12:11That alone proves
01:12:13premeditation.
01:12:15He plotted an elaborate alibi,
01:12:17which he later changed repeatedly
01:12:20when being interviewed by detectives.
01:12:21Our case is built on circumstantial evidence,
01:12:24and all of it points to the defendant,
01:12:27Tom O'Donnell.
01:12:30Tom said Gertrude had been murdered
01:12:32and Jane was going to inherit her money.
01:12:35Then he was going to pay us back
01:12:37the money that we gave him to invest.
01:12:40Mark Exhibit 3.
01:12:42Let the record show
01:12:44that Tom O'Donnell made that call
01:12:46to San Francisco to his niece
01:12:48two hours before the murder.
01:12:51Two hours before the body was found.
01:13:05When did you first hear
01:13:07your uncle mention Gertrude McCabe's death
01:13:10before her body was found?
01:13:12Jane told me.
01:13:14Jane Alexander.
01:13:16So you didn't report it to the police?
01:13:18No.
01:13:20This whole thing,
01:13:22the time of Gertrude McCabe's death,
01:13:24your uncle being the alleged culprit,
01:13:26all of this came from Jane Alexander.
01:13:29Yes, she came to visit me at work.
01:13:32And what was the reason for the visit?
01:13:34Objection. Calls for speculation.
01:13:36It establishes the underlying motive
01:13:38of the prosecution's star witness.
01:13:40I'll allow.
01:13:42She was looking into who killed her aunt.
01:13:46Detective Morris,
01:13:47this was a difficult case, wasn't it?
01:13:49Yes.
01:13:51So difficult that you felt like
01:13:53you needed to seek outside help.
01:13:55Defense Exhibit 11, Your Honor.
01:13:57This is a report from the Behavioral Science Unit
01:13:59of the FBI.
01:14:01A report you requested.
01:14:03Would you read the underlying portion, please?
01:14:09The most likely motive
01:14:11for the murder of Gertrude McCabe
01:14:13was to gain the proceeds of her estate.
01:14:15Do not eliminate the possibility
01:14:17the killer is a woman.
01:14:19I'm sorry, one more time.
01:14:21The last piece there.
01:14:23Do not eliminate the possibility
01:14:25the killer is a woman.
01:14:27Which led you to suspect Jane Alexander?
01:14:30Until I found out she was still in San Francisco
01:14:32at the time of the murder.
01:14:34Providing your theory about the time of the murder
01:14:36is correct.
01:14:38The body wasn't discovered for at least 24 hours.
01:14:40Isn't that right?
01:14:42Right.
01:14:44And yet you continued to question her
01:14:46Who gained financially from Ms. McCabe's death?
01:14:49No one yet.
01:14:51But that's only because the insurance company
01:14:53refused to pay.
01:14:55While Mrs. McCabe's house deteriorated
01:14:57because the estate was in probate.
01:14:59Now, how much was the estate worth
01:15:01at the time of her death?
01:15:03Estimate?
01:15:05Around one million dollars.
01:15:07And Jane Alexander was
01:15:09the sole beneficiary?
01:15:12Yes.
01:15:13One million reasons
01:15:15to suspect the woman who is now
01:15:17your star witness.
01:15:22Oh, yeah.
01:15:24Perfect.
01:15:26Nobody said anything, but
01:15:28I can tell from Joyce's face
01:15:30we're not doing so well.
01:15:32Well, I hate to say that I agree with you,
01:15:34but I've got to say that I agree with you.
01:15:36You're trying to pin this on me.
01:15:38And we can't even tell the jury
01:15:40I passed the polygraph.
01:15:41Jane, how does anybody get through
01:15:43an ordeal like this?
01:15:45I mean, they don't.
01:15:47They take their poison one grain at a time.
01:15:54We're awaiting the arrival
01:15:56of star witness Jane Alexander
01:15:58to take the stand.
01:16:00The defense has portrayed the victim's niece
01:16:02as a woman who tampered with witnesses.
01:16:04A woman bent on revenge.
01:16:06Witnesses have testified
01:16:08that you made phone calls,
01:16:09and you did evidence.
01:16:11What exactly is your training
01:16:13in criminal procedure?
01:16:15I read a lot of books.
01:16:17Sort of a self-taught Sherlock Holmes.
01:16:19Objection.
01:16:21The jury can draw their own conclusions.
01:16:23Sustained.
01:16:25You were obsessed with this case.
01:16:27I was determined to get justice
01:16:29for a woman who never hurt anyone.
01:16:31Mr. O'Donnell's niece, Margaret,
01:16:33whom you visited,
01:16:35knew you were out to get him.
01:16:37Objection.
01:16:39Refresh.
01:16:41Did Mr. O'Donnell's niece
01:16:43know that you were out to prove
01:16:45that Mr. O'Donnell was guilty of this crime?
01:16:47No. No.
01:16:49When I spoke with Margaret,
01:16:51I had no idea he'd mentioned the murder
01:16:53several hours before the body was found.
01:16:55You were angry with Mr. O'Donnell
01:16:57for losing your money and investments.
01:16:59No.
01:17:01At the time of my aunt's murder,
01:17:03I was unaware of his theft.
01:17:05But you became angry.
01:17:07Vengeful that your financial setbacks
01:17:09didn't affect your house.
01:17:11They weren't financial setbacks, Mr. Vaughn.
01:17:13Your client robbed me.
01:17:15But your anger had to have fed this desire
01:17:17to see Tom O'Donnell behind bars.
01:17:20Justice is fed by many things,
01:17:23common decency being one of them.
01:17:25Prior to her death,
01:17:27how much money did you borrow from Gertrude McCabe?
01:17:29Prior to her murder,
01:17:31I borrowed $25,000.
01:17:33Which you never repaid.
01:17:35So once she died, you were off the hook.
01:17:37No, I tried repeatedly to repay her,
01:17:39but I couldn't get it.
01:17:41So there's no hook, right?
01:17:43And I was never on one.
01:17:45You were desperate for money.
01:17:47After Tom O'Donnell stole my money,
01:17:49I had to take care of myself
01:17:51as any sane person would do.
01:17:54Motion to strike is non-responsive, Your Honor.
01:17:56You asked about the financial state of mind.
01:17:58Overruled.
01:18:00Continue.
01:18:02So you were not motivated in any way
01:18:04by anger or revenge.
01:18:06Anger will kill you.
01:18:07Revenge isn't justice.
01:18:09Your Honor,
01:18:11the defense has exhausted this line of questioning.
01:18:14Not to mention
01:18:16the entire courtroom.
01:18:18We'll take a noon recess.
01:18:20When we return, Mr. Vaughn,
01:18:22you'll move on.
01:18:24Hello.
01:18:26Yeah, this is Morris.
01:18:30Yes, sir, I'm the detective on the McCabe case.
01:18:33I'm at the courthouse.
01:18:35Room 103.
01:18:37Can you get that to me?
01:18:40I'll be here.
01:18:44It pains me to say it,
01:18:46but his lawyer is really good.
01:18:49Well, he should be.
01:18:51Fort Tom's new suite, he's probably paying him.
01:18:53You're doing great up there, Jane.
01:18:55Just stay vigilant.
01:18:57Keep your answers focused.
01:18:59He's trying to wear you down and trip you up.
01:19:00Just answer the questions.
01:19:02Don't offer anything he doesn't ask you.
01:19:04Remember, focus.
01:19:06I need to see you.
01:19:09You guys, why don't you just go sit down?
01:19:12What's up?
01:19:14This might help.
01:19:16Good.
01:19:18Because if the defense keeps attacking like they are,
01:19:21I don't know what's going to happen.
01:19:31Let's not say anything about this right now.
01:19:41Ms. Alexander,
01:19:43the police originally suspected you
01:19:45of committing this crime, didn't they?
01:19:47Yes, yes, they did,
01:19:49until the evidence pointed to Tom O'Donnell.
01:19:52Would you please read the undisclosed evidence
01:19:55that you have in front of you?
01:19:57Yes, sir.
01:19:58Would you please read the underlined portion
01:20:01of the FBI profile?
01:20:07Do not eliminate the possibility
01:20:09the killer is a woman.
01:20:11Pretty damning conclusion.
01:20:13Well, it's just wrong,
01:20:15because he's the killer.
01:20:17How much money did you stand to inherit
01:20:20when Ms. McCabe died?
01:20:22Gertrude McCabe was murdered.
01:20:24A forensic accountant
01:20:25said it was a million dollars.
01:20:29You really had no idea?
01:20:31I'm not the one who put a dollar sign on her life.
01:20:33You told friends and police
01:20:35that you would do anything
01:20:38to convict Tom O'Donnell of this murder.
01:20:41Originally, I told him I would do anything
01:20:43to clear his name.
01:20:45Then this evidence started piling up,
01:20:47and even a fool like me had to believe it.
01:20:49You told police
01:20:51that in all the years you knew Tom O'Donnell,
01:20:53you never met a kinder man.
01:20:56That he never used an unkind word.
01:21:01Yes, that's true.
01:21:03That's true.
01:21:05I was completely fooled by him.
01:21:07And then all of a sudden,
01:21:09this gentle, generous man
01:21:11turns into a cold-blooded killer?
01:21:13Yes, he did.
01:21:15I'm sorry, Ms. Alexander.
01:21:18It just doesn't seem plausible.
01:21:20Nothing further, Your Honor.
01:21:22The defense rests.
01:21:25Ms. Saldana,
01:21:27does the prosecution want to re-examine the witness?
01:21:30Briefly, Your Honor.
01:21:33I'd like to submit this document
01:21:36that I've just received as evidence.
01:21:39Objection.
01:21:41Permission to approach the bench.
01:21:45Your Honor, the defense was not given proper notice.
01:21:48Overruled.
01:21:50I'll allow it.
01:21:52Thank you, Your Honor.
01:21:54Ms. Alexander,
01:21:56this document was just given to me
01:21:59by Detective Morris a few minutes ago.
01:22:02Could you tell the jury, please,
01:22:05what is the document?
01:22:07It's a life insurance policy.
01:22:10A life insurance policy?
01:22:12Yes.
01:22:13What is the document?
01:22:15It's a life insurance policy.
01:22:17And who is the insurer?
01:22:21I am.
01:22:23And what is the amount?
01:22:261.5 million dollars.
01:22:32Did you take out that policy?
01:22:35No, I didn't.
01:22:37And is that your signature?
01:22:40No. It looks a little like it,
01:22:41but I've never seen this before.
01:22:44Could you please tell the court
01:22:46whose name is there as the beneficiary?
01:22:56Tom O'Donnell.
01:23:00Jack was right.
01:23:04You were going to kill me next.
01:23:12Just answer a few more questions.
01:23:15Ms. Alexander, please.
01:23:27All rise.
01:23:31Please be seated.
01:23:35Now,
01:23:37in the matter of the people versus Thomas J. O'Donnell,
01:23:39in the sole count of murder in the first degree,
01:23:43how do you find?
01:23:45We, the jury, find the defendant, Thomas O'Donnell,
01:23:48guilty.
01:23:54Mr. O'Donnell, given the time that it has taken
01:23:57to bring this case to justice,
01:23:59and the jury has found you guilty,
01:24:02do you have anything to say for yourself?
01:24:06Yes, Your Honor.
01:24:11The FBI report said the crime was committed
01:24:14by someone timid,
01:24:16someone inexperienced.
01:24:19Understand me.
01:24:21I was raised in Montana.
01:24:23I know how to hunt and kill.
01:24:25I've killed deer, elk, bear,
01:24:27and I know how to do it with a gun, knife, or stick.
01:24:30If I wanted to kill Gertrude McCabe,
01:24:32I'd do it right, clean and fast.
01:24:33Not like
01:24:35some pathetic amateur.
01:24:42Miss Alexander,
01:24:45I'm jury number four,
01:24:47and I just want to tell you that
01:24:49I prayed every night
01:24:51for you to survive on that witness stand.
01:24:53I am so happy for you.
01:25:03Need a police escort?
01:25:06Okay, where'd you find the policy?
01:25:08I had a phone call from a guy named Daniel Niles,
01:25:11insurance broker.
01:25:13He sold the policy to Tom O'Donnell for $1.5 million
01:25:16with your name on it.
01:25:18He was watching the case,
01:25:20put two and two together.
01:25:22Me? I answered the phone.
01:25:24No, you saved me.
01:25:26No, you saved yourself.
01:25:28But then again,
01:25:30that's why I make the big bucks.
01:25:31Okay.
01:25:35Miss Alexander,
01:25:37are you happy with the verdict?
01:25:39Justice was served.
01:25:41Nothing's going to bring back my aunt.
01:25:43The defense portrayed you as a spurned woman
01:25:45bent on revenge.
01:25:47How would you describe yourself?
01:25:49Moral.
01:25:51You borrow 50 bucks, you pay it back.
01:25:53You kill someone, you go to jail.
01:25:57Miss Alexander.
01:26:02Yes.
01:26:04Lyle Sanders.
01:26:06Hi.
01:26:08Thanks for taking this meeting with me.
01:26:10I read about what you did,
01:26:12getting justice for your aunt.
01:26:14I only hope if I was murdered,
01:26:16someone would do the same for me.
01:26:18So tell me about your sister.
01:26:20Well, her husband shot her in the kitchen of the house.
01:26:23He claimed that the gun went off accidentally
01:26:25and the police closed the case in four days.
01:26:28They ruled it was an accident.
01:26:29What they didn't know
01:26:31was that she inherited a large sum of money
01:26:33from our parents
01:26:35and was scared to death of her husband.
01:26:37How long ago did this happen?
01:26:39It was 12 years ago.
01:26:41Here's the police file.
01:26:44I'll call you as soon as I read it.
01:26:48Thanks. Thanks a lot.