0:00:02 > 0:00:08This programme contains some strong language and scenes which some viewers may find upsetting.
0:00:26 > 0:00:28INAUDIBLE
0:01:14 > 0:01:17After a sensational five-month long trial,
0:01:17 > 0:01:20Michael Peterson will soon learn the fate that awaits him.
0:01:20 > 0:01:23The 12 members of the jury are now in their fifth day
0:01:23 > 0:01:24of deliberations.
0:01:24 > 0:01:26Will they find that Michael Peterson
0:01:26 > 0:01:30used a blow poke to brutally murder his wife Kathleen?
0:01:30 > 0:01:32Or will they instead believe the defence's theory, that she
0:01:32 > 0:01:35fell down the stairs in the couple's Durham mansion?
0:01:35 > 0:01:37A verdict is expected in the next few hours.
0:01:48 > 0:01:50Has the jury reached a unanimous verdict
0:01:50 > 0:01:52on the issue that was submitted to them?
0:01:52 > 0:01:55- Yes.- All right. If you will give that sheet to the deputy, please.
0:02:02 > 0:02:05Ladies and gentlemen of the jury, you have returned the following verdict -
0:02:05 > 0:02:09State of North Carolina versus Michael Iver Peterson.
0:02:09 > 0:02:11"We, the twelve members of the jury,
0:02:11 > 0:02:14"unanimously find the defendant to be guilty of first degree murder."
0:02:14 > 0:02:17This, the 10th day of October, 2003,
0:02:17 > 0:02:21signed by foreperson Christian Lion Jones.
0:02:21 > 0:02:23Is this your verdict, so say you all?
0:02:23 > 0:02:26- ALL: Yes.- Juror number one, Mr Harrison, would you please stand.
0:02:26 > 0:02:29Mr Harrison, your foreperson has returned
0:02:29 > 0:02:32for your verdict that the defendant is guilty of first-degree murder.
0:02:32 > 0:02:35Is this your verdict and do you still assent thereto?
0:02:35 > 0:02:39- Yes.- Thank you. Juror number 12, Mr Hall.
0:02:39 > 0:02:42Mr Hall, your foreperson has returned for your verdict that
0:02:42 > 0:02:44the defendant is guilty of first-degree murder.
0:02:44 > 0:02:47Is this your verdict and do you still assent thereto?
0:02:47 > 0:02:48- Yes.- Thank you.
0:02:48 > 0:02:52Ms Clerk, the defendant is imprisoned in the North Carolina Department of Corrections
0:02:52 > 0:02:55for the remainder of his natural life without parole.
0:03:10 > 0:03:13When the jury came in, it didn't just disappoint me.
0:03:14 > 0:03:18It shook the foundations of my beliefs in the justice system...
0:03:19 > 0:03:23..in human beings, in my own abilities...
0:03:25 > 0:03:29..in, erm, my judgment...
0:03:32 > 0:03:34..in my sense of reality.
0:03:36 > 0:03:39I think that what happened today is that an innocent man was
0:03:39 > 0:03:47found guilty based on speculation and conjecture and feelings
0:03:47 > 0:03:50and that is so incredibly troubling to me.
0:03:52 > 0:03:57I didn't do anything. I am innocent. I was wrongly convicted.
0:03:58 > 0:04:01I didn't harm Kathleen and I didn't believe,
0:04:01 > 0:04:05until the jury clerk read the sentence, that I would be convicted.
0:04:07 > 0:04:11My immediate reaction was, "Let's end it."
0:04:11 > 0:04:14And I told David that I didn't want an appeal.
0:04:14 > 0:04:17I wanted to just end it right now. Forget it.
0:04:17 > 0:04:20Enough was enough. We had all suffered enough.
0:04:22 > 0:04:26That wonderful - awful - line from Romeo and Juliet,
0:04:26 > 0:04:28"All are punished."
0:04:31 > 0:04:33I don't know what we were being punished for.
0:04:33 > 0:04:36I don't why my children had to suffer what they did.
0:04:36 > 0:04:38Why they were being punished.
0:04:38 > 0:04:42But I did feel that, "Let this end right now."
0:05:00 > 0:05:05I have been here almost 3,000 days, over eight years.
0:05:06 > 0:05:09When I first got here, I thought, "I'll be out in a couple of years."
0:05:09 > 0:05:15We appealed and we kept appealing and every one of them failed.
0:05:15 > 0:05:17And after eight years, I'm still here.
0:05:17 > 0:05:22And I began to think I may die in here.
0:05:22 > 0:05:25It's been almost ten years since Kathleen died.
0:05:25 > 0:05:32But... Well, there's this wonderful photograph in my locker of her.
0:05:32 > 0:05:35Every time I open it I see it. And, er...
0:05:35 > 0:05:39it's of Kathleen in the Imperial Gardens in Tokyo.
0:05:39 > 0:05:43And she's looking for Japanese, because there aren't any...
0:05:43 > 0:05:47in downtown Tokyo, because it's not cherry blossom time.
0:05:47 > 0:05:50And that's how it always was with her. We were always joking.
0:05:50 > 0:05:52And we were always laughing.
0:05:53 > 0:06:01So, even though it's been ten years, it's just like yesterday.
0:06:01 > 0:06:03She's just as alive to me,
0:06:03 > 0:06:09and I love her as much today as I did ten years ago.
0:06:14 > 0:06:19- '911, what's your emergency?' - '1810 Cedar Street. Please!'
0:06:19 > 0:06:22- 'What's wrong.'- 'My wife had an accident. She's still breathing.'
0:06:22 > 0:06:23'What kind of accident?'
0:06:23 > 0:06:26'She fell down the stairs. She's still breathing, please!'
0:06:26 > 0:06:28- 'Is she conscious?'- 'What?' - 'Is she conscious?'
0:06:28 > 0:06:30'No, she's not conscious.' Please!'
0:06:30 > 0:06:33- 'How many stairs did she fall down?' - 'What?'- 'How many stairs?'
0:06:33 > 0:06:40- 'Stairs!'- 'How many stairs? Calm down, sir. Calm down.'
0:06:40 > 0:06:42'No... 15, 20, I don't know. Please!
0:06:42 > 0:06:45'Get somebody here right away, please!'
0:06:45 > 0:06:49'OK, somebody's dispatching the ambulance while I ask you questions.'
0:06:49 > 0:06:52'It's at Forest Hills, OK? Please, please!'
0:07:02 > 0:07:04REPORTER: Durham Police, this morning, are investigating
0:07:04 > 0:07:06the death of a prominent city resident.
0:07:06 > 0:07:08Officers called this morning to the home of Nortel executive
0:07:08 > 0:07:11Kathleen Peterson, who was found dead in her Forest Hills
0:07:11 > 0:07:15mansion after apparently falling down the stairs.
0:07:15 > 0:07:16Kathleen Peterson's husband, Michael Peterson,
0:07:16 > 0:07:19is a former columnist for the Durham Herald-Sun newspaper.
0:07:19 > 0:07:24He also ran an unsuccessful mayoral bid in 1999 and just last month
0:07:24 > 0:07:27failed in a bid for a seat on the Durham city council.
0:07:35 > 0:07:42We believe that she was beaten, that she was stunned and was bleeding.
0:07:42 > 0:07:44That she probably recovered
0:07:44 > 0:07:51and struggled in the doorframe with Mike Peterson, to a degree.
0:07:51 > 0:07:56And that he then had to bludgeon her on multiple
0:07:56 > 0:07:58occasions after that.
0:07:58 > 0:08:00And that she, basically, bled to death.
0:08:10 > 0:08:13REPORTER: Michael Peterson's supporters can't believe
0:08:13 > 0:08:16he's charged with the murder of his wife Kathleen.
0:08:16 > 0:08:19Kathleen Peterson's biological daughter Caitlin Atwater
0:08:19 > 0:08:22served as the main spokesperson for the Peterson family.
0:08:22 > 0:08:26She stood shoulder to shoulder with Peterson's biological sons
0:08:26 > 0:08:29and their sisters, adopted by Kathleen and Mike Peterson.
0:08:29 > 0:08:33My mother and Mike had an absolutely loving relationship
0:08:33 > 0:08:34and there is no way that either of them
0:08:34 > 0:08:37would ever wish any sort of harm on the other one.
0:08:38 > 0:08:42In my mind, if Mike finds Kathleen at the bottom of the stairs,
0:08:42 > 0:08:46it's a reasonable assumption on his part that she fell down the stairs.
0:08:46 > 0:08:49REPORTER: Peterson's attorney, David Rudolf, says the authorities seem to
0:08:49 > 0:08:52have jumped to conclusions about Kathleen's death.
0:08:52 > 0:08:55Kathleen and I were in here watching a movie.
0:08:55 > 0:08:58I'd gone to Blockbusters and rented a video
0:08:58 > 0:09:02and we were watching American Sweethearts.
0:09:02 > 0:09:06And I think it was probably around about 11 o'clock that
0:09:06 > 0:09:12the movie ended and we took our glasses and we came in here.
0:09:12 > 0:09:15I think there was...
0:09:15 > 0:09:18I'm not sure...we probably had another bottle...
0:09:18 > 0:09:21I know we were drinking two bottles that night.
0:09:21 > 0:09:24It was a nice night. I guess it was 55, 60 degrees.
0:09:24 > 0:09:27Very nice night. And I'd gone outside.
0:09:34 > 0:09:40We were just talking and finishing our drinks and then she said,
0:09:40 > 0:09:44"I gotta go in because I've got the conference call in the morning."
0:09:44 > 0:09:48I stayed right here. Don't think I said anything special to her,
0:09:48 > 0:09:52certainly not thinking this was the last time I was going to see her.
0:09:52 > 0:09:55And the last I saw her was when I was there
0:09:55 > 0:09:59and she was just walking here.
0:09:59 > 0:10:02And...that's it.
0:10:02 > 0:10:05That was the last time I saw Kathleen alive.
0:10:05 > 0:10:10No, she was alive when I found her, but barely.
0:10:12 > 0:10:15'OK, is she awake now? Hello?'
0:10:15 > 0:10:17(SOBBING)
0:10:17 > 0:10:19'Hello?'
0:10:31 > 0:10:33It's impossible for me to believe,
0:10:33 > 0:10:38if that's the back of her head, that that could be caused from a
0:10:38 > 0:10:44series of missteps, or fall, down 15 flights.
0:10:44 > 0:10:46I mean 15 different stairs.
0:10:47 > 0:10:49I can't see that happening.
0:10:49 > 0:10:52The medical examiner doesn't believe that it was possible either.
0:10:52 > 0:10:57This had to occur from multiple inflictions of blunt force trauma.
0:10:58 > 0:11:01It just never occurred to Michael Peterson that people wouldn't
0:11:01 > 0:11:03believe him when he said that she fell down the stairs.
0:11:03 > 0:11:06That's really what this is all about.
0:11:06 > 0:11:08He thought he'd get away with it.
0:11:08 > 0:11:11I remember Dad actually explaining it to us
0:11:11 > 0:11:13and he was just like, he was in shock,
0:11:13 > 0:11:16and he was just shaking, and he was like,
0:11:16 > 0:11:18"I didn't do it. You have to believe me."
0:11:18 > 0:11:22And we were like, "Dad, we believe you. This is horrible.
0:11:22 > 0:11:24"How can we not believe you?"
0:11:24 > 0:11:27We didn't even know any details yet and we were just like,
0:11:27 > 0:11:29"We believe you, we believe you.
0:11:29 > 0:11:32"We know it's not true. This is horrible."
0:11:32 > 0:11:36It was just so upsetting. I couldn't believe it.
0:11:36 > 0:11:38But it was so hard to think about that
0:11:38 > 0:11:41because, at the same time, we were thinking about our mother.
0:11:44 > 0:11:46It was like two bombshells, I guess, hitting us.
0:11:54 > 0:11:55We had a wonderful life.
0:11:55 > 0:12:00There were five children, Kathleen, and myself.
0:12:00 > 0:12:04Two of the children were mine from my first wife, Clayton and Todd.
0:12:04 > 0:12:07There were two wonderful girls, Margaret and Martha,
0:12:07 > 0:12:11who came to me when their father and their mother died.
0:12:11 > 0:12:15And then there was Kathleen's child, from her first marriage, Caitlin.
0:12:15 > 0:12:18We lived together for 14 years,
0:12:18 > 0:12:21and we were happy every one of those years.
0:12:22 > 0:12:25I started to have doubts, of course. I mean, how can you not
0:12:25 > 0:12:27when you're hearing all these rumours going around
0:12:27 > 0:12:28and things like that.
0:12:28 > 0:12:30But it was the physical evidence that allowed me
0:12:30 > 0:12:33to actually go back and look at the situation as a whole.
0:12:33 > 0:12:38Because reading the autopsy report, I think was the point at which
0:12:38 > 0:12:41I was convinced that my mother had been murdered.
0:12:41 > 0:12:47Obviously the horrific intensity of the wounds and the fact that I just,
0:12:47 > 0:12:51to me, could not physically come up with a way that you could get seven
0:12:51 > 0:12:55deep lacerations on the back of your head by falling down the stairs.
0:12:55 > 0:12:58And she goes, "Margaret, did you look at the autopsy report?"
0:12:58 > 0:13:01And I said, "Yes, I looked through them thoroughly."
0:13:01 > 0:13:04And she said, "There's no way Mom
0:13:04 > 0:13:07"could have just fallen down the stairs.
0:13:07 > 0:13:11"There's no way." And I was like, "You're not a doctor, Caitlin."
0:13:19 > 0:13:25One of the hardest things to deal with was losing Caitlin.
0:13:25 > 0:13:29And so quickly too. Just like that. Just never see her again.
0:13:31 > 0:13:32It's never just Caitlin,
0:13:32 > 0:13:34it's Margaret, Martha, Caitlin in a picture.
0:13:34 > 0:13:37And it never was anything different than that.
0:13:37 > 0:13:40We just had just a long history, and she's our sister.
0:13:41 > 0:13:43I did consider Martha and Margaret my sisters
0:13:43 > 0:13:47and my mother considered them her daughters,
0:13:47 > 0:13:52but my goal, my strength in life is completely opposite.
0:13:52 > 0:13:55It's in seeking justice for my mother. That's what I'm here for.
0:14:14 > 0:14:18- Good morning, to each of you. - ALL: Good morning.
0:14:18 > 0:14:23In a very real sense, this case is about pretence and appearances.
0:14:25 > 0:14:28It's about things not being as they seem.
0:14:29 > 0:14:33The defendant says that Kathleen Peterson's death was
0:14:33 > 0:14:37caused by a tragic accidental fall down stairs in their home.
0:14:38 > 0:14:42And we say, on the other hand, that she died a horrible,
0:14:42 > 0:14:46painful death at the hands of her husband, Michael Peterson.
0:14:46 > 0:14:50This is one of the first photographs taken of her
0:14:50 > 0:14:56as she's lying on a steel gurney in the Medical Examiner's office
0:14:56 > 0:14:58after they've shaved her head
0:14:58 > 0:15:01so that they can determine where the wounds are.
0:15:05 > 0:15:08This is where the rubber meets the road, ladies and gentlemen.
0:15:08 > 0:15:13They say it's an accident that was caused by a couple of falls
0:15:13 > 0:15:17in that stairway and we say it's not.
0:15:17 > 0:15:19We say it's murder.
0:15:19 > 0:15:22Agent Duane Deaver is the blood spatter expert who's going to
0:15:22 > 0:15:30talk about how he contends Kathleen was impacted in this area.
0:15:30 > 0:15:36Duane Deaver finds what he will call are several points of origin.
0:15:36 > 0:15:42And what he will also say is that, from his perspective, this was
0:15:42 > 0:15:46very, very important because it was above the floor.
0:15:46 > 0:15:48It was above the step area.
0:15:48 > 0:15:50He will say that it's positioned in such
0:15:50 > 0:15:56a manner that these can't be due to an accidental impact on the stairs.
0:15:56 > 0:16:02Can you imagine somebody beating somebody over the head,
0:16:02 > 0:16:05whacking them as hard as they can - because you don't whack
0:16:05 > 0:16:09somebody like this when you're trying to kill them.
0:16:09 > 0:16:12Imagine that there's no skull fracture.
0:16:13 > 0:16:16There's no brain contusions.
0:16:16 > 0:16:18There's no swelling of the brain.
0:16:18 > 0:16:21There's none of the internal haemorrhages, subdurals,
0:16:21 > 0:16:24things like that, that you would see from that kind of injury.
0:16:24 > 0:16:27No, none of them.
0:16:27 > 0:16:31Because the truth is not that Michael Peterson decided to
0:16:31 > 0:16:35beat Kathleen Peterson to death with a blow poker
0:16:35 > 0:16:39in the stairway of his home after spending a quiet evening.
0:16:39 > 0:16:41That's not the truth of what happened.
0:16:41 > 0:16:45The truth is that Kathleen Peterson, after drinking some wine
0:16:45 > 0:16:51and some champagne and taking some Valium, tried to walk up a narrow,
0:16:51 > 0:16:57poorly lit stairway in flip flops and she fell and she bled to death.
0:16:57 > 0:17:01Everyone who really knew that relationship...
0:17:01 > 0:17:06Everyone... knew that they loved each other.
0:17:06 > 0:17:13Everyone who knew them knows that Michael Peterson had nothing
0:17:13 > 0:17:17to do with the death of Kathleen Peterson.
0:17:59 > 0:18:03One of the most awful things that could ever befall somebody is
0:18:03 > 0:18:05to think to yourself,
0:18:05 > 0:18:09"The only way I'm ever going to get out of here is in a coffin."
0:18:11 > 0:18:14And that thought - I won't say it occurred to me often -
0:18:14 > 0:18:20but every so often it would flit across my mind.
0:18:20 > 0:18:27And I would think to myself, "Boy, he's there until he dies."
0:18:28 > 0:18:35And it was only when all this publicity started coming out about
0:18:35 > 0:18:43Deaver that I started feeling like maybe, maybe there was a chance.
0:18:52 > 0:18:58The decision... Judge Calvin E Murphy rules that Gregory F Taylor
0:18:58 > 0:19:02has proved by clear and convincing evidence
0:19:02 > 0:19:05that Gregory F Taylor is innocent of the charge of first degree murder
0:19:05 > 0:19:08of Jacquetta Thomas on September 26, 1991.
0:19:10 > 0:19:13A Wake County man, who spent 17 years in prison, has been
0:19:13 > 0:19:17exonerated by the North Carolina Innocence Commission in Raleigh.
0:19:17 > 0:19:20Greg Taylor, who had been condemned to life in prison in 1993,
0:19:20 > 0:19:22is now a free man.
0:19:23 > 0:19:26The commission's three-judge panel centred around the testimony
0:19:26 > 0:19:30of one SBI agent - Duane Deaver.
0:19:30 > 0:19:32Deaver admits to having misrepresented blood test
0:19:32 > 0:19:34results in the Taylor case.
0:19:34 > 0:19:38The SBI has announced plans for an internal investigation.
0:19:38 > 0:19:40Deaver is a major character in the emerging story
0:19:40 > 0:19:42of the SBI's troubles.
0:19:42 > 0:19:46At the bureau's crime labs, where Deaver had been a key agent
0:19:46 > 0:19:51and trainer, analysts charged with using science to solve crimes
0:19:51 > 0:19:55have hidden test results or concocted bizarre experiments
0:19:55 > 0:19:57to shore up a prosecutor's case.
0:20:03 > 0:20:05I interviewed Tonya Rogers,
0:20:05 > 0:20:09who was one of jurors in the Michael Peterson trial.
0:20:09 > 0:20:15She said that Deaver's testimony was the most important evidence
0:20:15 > 0:20:17presented at the trial.
0:20:17 > 0:20:21Ms Rogers said that, during the jury's deliberations,
0:20:21 > 0:20:28they started off split, 6-6 or 8-4, but as they talked the most
0:20:28 > 0:20:32powerful evidence that moved the jury to come 12-0 for a conviction
0:20:32 > 0:20:37was that bloodstain on the inside of Michael Peterson's shorts.
0:20:37 > 0:20:41The jury was convinced by Deaver's testimony that the only way
0:20:41 > 0:20:44the bloodstain could have arrived there was through an assault.
0:20:49 > 0:20:52When I heard what Deaver had done in the Greg Taylor case,
0:20:52 > 0:20:57it became clear to me that I might be able to finally prove that
0:20:57 > 0:21:02what he had done in Michael's case was the same sort of thing.
0:21:02 > 0:21:09In other words, ignore the facts, ignore the science,
0:21:09 > 0:21:14and do what you need to do to get a conviction.
0:21:14 > 0:21:17Ten years ago next Friday, Kathleen Peterson was found
0:21:17 > 0:21:19dead at the bottom of a staircase in their home.
0:21:19 > 0:21:23Almost two years after that, her husband Mike Peterson was
0:21:23 > 0:21:26found guilty of murder and sentenced to life in prison.
0:21:26 > 0:21:29Now Mike Peterson hopes a hearing that could begin next week
0:21:29 > 0:21:31will give him a new chance at freedom.
0:21:32 > 0:21:35The district attorney's office has seen some turnover
0:21:35 > 0:21:38since Peterson's murder trial in 2003.
0:21:38 > 0:21:43The original DA, Jim Hardin, is now a superior court judge.
0:21:43 > 0:21:45Freda Black, the assistant DA at the time,
0:21:45 > 0:21:49is no longer with the district attorney's office.
0:21:49 > 0:21:53Tracey Cline, who is Durham's current DA, will represent the State.
0:21:53 > 0:21:56Some of the key players have remained the same -
0:21:56 > 0:21:59Orlando Hudson, Durham County's Superior Court Judge, and
0:21:59 > 0:22:03David Rudolf, who is taking on the case pro bono, are back on the case.
0:22:05 > 0:22:08Oh, wow, it's Ron Guerette!
0:22:08 > 0:22:11Martha, Ron Guerette just walked in.
0:22:11 > 0:22:13- Oh my God. Hi!- Hey, girl.
0:22:13 > 0:22:14I'm going to get up and hug you.
0:22:14 > 0:22:16I'm on the phone with Martha, with my sister.
0:22:16 > 0:22:19- You're not a kid any more. - Good to see you. I know!
0:22:19 > 0:22:24- What have you been up to? - Just working in this crazy world.
0:22:24 > 0:22:25Yeah, I know what you mean.
0:22:25 > 0:22:27He's trying to come back from his near-bankruptcy
0:22:27 > 0:22:31in 2003 as a result of working on your father's case.
0:22:32 > 0:22:36- Still working on it. - Wow, it's been eight years.
0:22:36 > 0:22:37I can't believe it.
0:22:37 > 0:22:41- You've gone from a little kid to a young lady.- Little kid?
0:22:41 > 0:22:44- I was, like, 20! - You were still a little kid.
0:22:44 > 0:22:47- Yeah, I'm turning 30 on Saturday. - Is that right?
0:22:47 > 0:22:50- Yeah, it's been ten years. - Wow!- Yeah.
0:22:50 > 0:22:53Yeah, because Mom died on the 9th and I turned 20 on the 10th
0:22:53 > 0:22:55- and...- Oh, that's right!
0:22:55 > 0:23:02- Crazy.- That is crazy. - Yeah, I'm married now.- Are you?
0:23:02 > 0:23:04Well, congratulations.
0:23:04 > 0:23:06'Well, one thing about Radisch, Deaver
0:23:06 > 0:23:10'and Butts is they have been in this very courtroom before.
0:23:10 > 0:23:13'They have. They've testified in front of people just like you.
0:23:13 > 0:23:18'Agent Deaver, Doctor Radisch, they are tried and true. Tried and true.
0:23:18 > 0:23:20'Because they work for us.
0:23:20 > 0:23:23'Now to hear them tell it, that scene was altered.
0:23:23 > 0:23:26'if you believe that, you're just going to have to believe
0:23:26 > 0:23:29- 'that Duane Deaver is just a liar.' - Pleasant memories?
0:23:29 > 0:23:31'He has no reason in the world to come up here and lie to you.'
0:23:31 > 0:23:35- Wow, that one...- Where she says you have...- Where she says they'll
0:23:35 > 0:23:37be back in the courtroom again - it just gave me chills.
0:23:37 > 0:23:41And you have to believe that Deaver's a liar. Guess what?
0:23:41 > 0:23:44And he tried to get himself vindicated by blaming it
0:23:44 > 0:23:47on the SBI in general and that got him fired.
0:23:47 > 0:23:50Well, after editing that stuff for you for the Deaver clips,
0:23:50 > 0:23:53my husband watched it too and he goes, "This guy's an idiot."
0:23:53 > 0:23:57- Yeah. I know. - Greg Taylor was let out.
0:23:57 > 0:24:01- How long was he in prison?- 17 years.
0:24:01 > 0:24:04- Yeah, he was in there for quite a while.- Oh, my God.
0:24:05 > 0:24:07That's terrible.
0:24:09 > 0:24:11Like, it's just a little lie that
0:24:11 > 0:24:13put someone away for 17 years.
0:24:16 > 0:24:19That's devastating. God.
0:24:20 > 0:24:24Greg Taylor. I live in Durham, North Carolina.
0:24:24 > 0:24:2649 years old.
0:24:26 > 0:24:30When I was 29 years old, I was arrested for first-degree
0:24:30 > 0:24:38murder and tried and convicted April 1993.
0:24:40 > 0:24:45I was 31 years old at the time and I was married, had
0:24:45 > 0:24:54a nine-year-old daughter and after that things just kind of fell apart.
0:25:01 > 0:25:05In the beginning you think that the next appeal you'll be free or
0:25:05 > 0:25:10the next motion filed in court and then when those things let you
0:25:10 > 0:25:14down, you come to realise that if you've been let down so many times
0:25:14 > 0:25:18so far, there's nothing to stop you from being let down in the future.
0:25:18 > 0:25:25And it just went on interminably until finally when I had exhausted
0:25:25 > 0:25:32all my appeals and I realised that the chances were very good that
0:25:32 > 0:25:36I was going to die in prison and I had to learn how to deal with that.
0:25:59 > 0:26:02I don't have faith in the system like
0:26:02 > 0:26:07I used to have, but I still believe - I hope -
0:26:07 > 0:26:12that justice will finally prevail after eight years.
0:26:12 > 0:26:14And I'll get out of here.
0:26:14 > 0:26:18I want people to see what Duane Deaver did.
0:26:20 > 0:26:21I want all of it to come out.
0:26:21 > 0:26:25I want people to see what that man did not just to me,
0:26:25 > 0:26:27but to other people.
0:26:27 > 0:26:33He'd say these ridiculous things and I just would not pay any attention.
0:26:33 > 0:26:36I wouldn't even listen anymore, thinking that nobody could believe
0:26:36 > 0:26:41this nonsense of hitting Kathleen 42 times or whatever it was.
0:26:41 > 0:26:47This re-enactment that he did. It was just all a lie.
0:26:47 > 0:26:52So, at the time, I just thought, well, this is just stupid,
0:26:52 > 0:26:56nobody's going to believe this. But they did.
0:27:06 > 0:27:09I do think that it's Michael's last chance.
0:27:09 > 0:27:11It's been eight years.
0:27:11 > 0:27:16He is now 68 years old and all of his appeals have been denied
0:27:16 > 0:27:20and this is really the best opportunity that we're going
0:27:20 > 0:27:23to have to prove that he should never have been convicted.
0:27:23 > 0:27:2519, please.
0:27:26 > 0:27:29All right, Mike. They're saying that they took your clothes
0:27:29 > 0:27:31over yesterday to have them prepared.
0:27:34 > 0:27:35Come on with me, please.
0:27:43 > 0:27:47I remember just a couple of nights ago, I dreamed I was there,
0:27:47 > 0:27:51old man, lying on a gurney at the end of a corridor.
0:27:54 > 0:27:57You go to central prison and you die.
0:27:57 > 0:28:00And you die alone, no family, no-one.
0:28:00 > 0:28:03And you die on a gurney.
0:28:03 > 0:28:06And I remember having that dream and waking up
0:28:06 > 0:28:10thinking, "No!" But it was a pretty scary dream.
0:28:36 > 0:28:40Mike, is this going to be good enough for you today?
0:28:40 > 0:28:42Is it what you want to wear?
0:28:42 > 0:28:46OK. That sports coat? That shirt? Belt? OK.
0:28:59 > 0:29:02INAUDIBLE EXCHANGE
0:29:02 > 0:29:04- Sorry. - MICHAEL LAUGHS
0:29:04 > 0:29:07Judge, Mrs Zamperini wants to be heard. And she is a victim, Judge,
0:29:07 > 0:29:11because I believe that Mr Peterson was convicted of first degree murder.
0:29:11 > 0:29:13Her sister was murdered, according to a jury.
0:29:13 > 0:29:15So Mrs Zamperini would like to be heard
0:29:15 > 0:29:18if the court is inclined just to give her a few minutes.
0:29:18 > 0:29:20- All right.- Thank you, Your Honour.
0:29:20 > 0:29:23Yes, sir.
0:29:23 > 0:29:25Good morning, um, Judge Orlando.
0:29:25 > 0:29:29I think you're aware that I am Kathleen's sister.
0:29:29 > 0:29:32In this court, that is very rarely heard.
0:29:32 > 0:29:37KATHLEEN is a victim of murder. We have rights in this state.
0:29:37 > 0:29:40That is why there's a judge in this courtroom
0:29:40 > 0:29:42to make sure victims' rights are heard.
0:29:42 > 0:29:46That is, in my opinion, the judge's sole responsibility,
0:29:46 > 0:29:51to make sure that there is clear, fair, quality representation
0:29:51 > 0:29:54for the victim, dead or alive.
0:29:54 > 0:29:58My sister has lied in her grave for ten years.
0:29:58 > 0:30:02This Friday, ten years, she was murdered.
0:30:02 > 0:30:05SHE BANGS THE TABLE Ten years, I've been without my sister.
0:30:05 > 0:30:08Ten years, her daughter hasn't had her.
0:30:08 > 0:30:10And, ten years, the rest of us have been alive and had our freedom.
0:30:10 > 0:30:13But not Kathleen. Not Kathleen.
0:30:13 > 0:30:15She wanted to live and she deserves
0:30:15 > 0:30:19and should get the best, best legal representation.
0:30:19 > 0:30:22And there is no way I feel, sir,
0:30:22 > 0:30:26that you can have this district attorney represent my sister's rights
0:30:26 > 0:30:30and feel you are doing the best job by the citizens of this state
0:30:30 > 0:30:33in having her represent and not the Attorney General's office step in.
0:30:33 > 0:30:36She is not prepared. It is clear she is not prepared.
0:30:36 > 0:30:38The office is not prepared.
0:30:38 > 0:30:40Thank you very much, sir.
0:30:46 > 0:30:48All right. The court, in its discretion,
0:30:48 > 0:30:52will deny the motion to continue.
0:30:52 > 0:30:55The court is ready to proceed.
0:30:55 > 0:31:00Your Honour, the key issue during Mr Peterson's trial
0:31:00 > 0:31:04was what happened in the stairway.
0:31:04 > 0:31:06There was only one witness called by the state
0:31:06 > 0:31:12who claimed to be able to say what happened in the stairway.
0:31:12 > 0:31:16And that was SBI agent Duane Deaver.
0:31:16 > 0:31:20He testified that the bloodstain patterns in the stairway
0:31:20 > 0:31:23proved that there had been a beating.
0:31:23 > 0:31:27He testified that the bloodstains on Michael Peterson's shorts -
0:31:27 > 0:31:31and, in particular, there was a stain inside the shorts -
0:31:31 > 0:31:36and on his shoes proved that he inflicted this alleged beating,
0:31:36 > 0:31:40because he claimed he could tell that the wearer of those items
0:31:40 > 0:31:45was in close proximity to Kathleen Peterson when her head was impacted.
0:31:45 > 0:31:46But we don't have to take my word
0:31:46 > 0:31:49for whether Mr Deaver was a critical witness.
0:31:49 > 0:31:52We can listen to district attorney Jim Hardin.
0:31:54 > 0:31:56'Now what does Duane Deaver find?'
0:31:56 > 0:31:58This is the first area that he contends
0:31:58 > 0:32:01is the first point of impact.
0:32:01 > 0:32:04This is above the 15th step.
0:32:04 > 0:32:09It's off the wall. It's off the riser and it's out in space.
0:32:09 > 0:32:11Impact spatter in the crotch area of these pants,
0:32:11 > 0:32:13in the back side of this right leg.
0:32:13 > 0:32:18Duane Deaver said the only way that can happen is if he's standing
0:32:18 > 0:32:22over her with his leg above her striking her.
0:32:22 > 0:32:25'Now why do we know there was a second assault?'
0:32:25 > 0:32:28Because Duane Deaver says, and this is absolutely critical,
0:32:28 > 0:32:34Duane Deaver sees blood spatter on top of the clean-up.
0:32:34 > 0:32:37There's only one way that can happen.
0:32:37 > 0:32:39If there's a second assault.
0:32:39 > 0:32:41'He assaulted her,
0:32:41 > 0:32:43'she went down,
0:32:43 > 0:32:46'he continued to assault her,'
0:32:46 > 0:32:50and that's when the premeditation formulated.
0:32:50 > 0:32:54And, of course, the only thing Mr Peterson was charged with was first degree,
0:32:54 > 0:32:57so, without premeditation, the state's case failed.
0:32:57 > 0:33:01And the state relied upon Duane Deaver during the trial.
0:33:01 > 0:33:03'There's been no evidence in this case'
0:33:03 > 0:33:07that anything that was done to that scene altered the walls.
0:33:07 > 0:33:09Nobody was walking on the walls.
0:33:09 > 0:33:12'There's been no evidence, no credible evidence,
0:33:12 > 0:33:15'that anybody did anything to the stairwell.'
0:33:15 > 0:33:16Well, if you believe that,
0:33:16 > 0:33:20you're just going to have to believe that Duane Deaver is just a liar...
0:33:20 > 0:33:23and he has no reason in the world to come here and lie to you.
0:33:23 > 0:33:25'Agent Deaver, Dr Radisch,'
0:33:25 > 0:33:28they are tried and true,
0:33:28 > 0:33:31tried and true, cos they work for us.
0:33:31 > 0:33:35What we didn't know then about Duane Deaver,
0:33:35 > 0:33:38but we do know now, is that Duane Deaver had
0:33:38 > 0:33:44a pattern and practice of preparing misleading expert reports,
0:33:44 > 0:33:49of doing shoddy and scientifically invalid work,
0:33:49 > 0:33:53of presenting misleading testimony under oath.
0:33:53 > 0:33:55He did it in 2010
0:33:55 > 0:33:59at the Innocence Commission Hearing, State vs Greg Taylor.
0:33:59 > 0:34:04We never asked for a perfect trial. We hoped to get a fair trial
0:34:04 > 0:34:07and I know that this court did its best...
0:34:07 > 0:34:10- ALARM WAILS - ..to give us a fair trial.
0:34:10 > 0:34:12ALARM CONTINUES
0:34:12 > 0:34:15Thank you very much. I think that's my cue.
0:34:18 > 0:34:21- It's Candace. - Yeah, I'm sure that's right.
0:34:21 > 0:34:24ALARM CONTINUES
0:34:26 > 0:34:29WOMAN: Yeah, leave the building.
0:34:31 > 0:34:34VOICES ON RADIOS
0:34:34 > 0:34:37PEOPLE CHATTER MAN: Everybody, move back.
0:34:37 > 0:34:41- Back of the lot!- Move back, move back!- Man, let's move.
0:34:41 > 0:34:42Let's go, man.
0:34:42 > 0:34:45- It's a bomb threat.- Are you serious? - It's a bomb threat.
0:34:45 > 0:34:49- It's a bomb threat? - Yeah.- Oh... Oh, my God.
0:34:49 > 0:34:50It was surprising to see that >
0:34:50 > 0:34:5640% of Hardin's closing statement was about Duane Deaver.
0:34:56 > 0:34:58It was about his research,
0:34:58 > 0:35:00- his testimony, and... - That was pretty shocking.
0:35:00 > 0:35:03I don't think they had anything else that made it first degree
0:35:03 > 0:35:06- and that was all Deaver. - That was it. Exactly.
0:35:08 > 0:35:10- Made me feel sick to my stomach. - I know.
0:35:10 > 0:35:12- Ten years a-wasted.- Yeah. - Nine years a-wasted.
0:35:14 > 0:35:16- Mike, there you go.- OK, thank you.
0:35:16 > 0:35:19- Don't drop the plate. - No, I got it, I got it.
0:35:21 > 0:35:24My God, I'm wearing this ten-pound boot on my foot!
0:35:24 > 0:35:27- HE LAUGHS - I can barely move!
0:35:27 > 0:35:33What was so nice was to see everybody and my children there.
0:35:33 > 0:35:36I can't really talk to them. That's not allowed.
0:35:36 > 0:35:39I certainly can't touch them or interact with them,
0:35:39 > 0:35:40so that's very hard,
0:35:40 > 0:35:43but it's wonderful to know that they're there.
0:36:27 > 0:36:29Should be in one of these here.
0:36:29 > 0:36:33- Dad, we're here! We're here! Oh, my God!- I know!
0:36:33 > 0:36:35- Dad, we love you!- Oh, my God!
0:36:35 > 0:36:39- Oh, my God!- I have never been so tired in my life.
0:36:39 > 0:36:43- BILL:- I can relate! - Oh, God!
0:36:43 > 0:36:47- But everything's OK?- Yeah. - You like LA?- Yeah, I love LA.
0:36:47 > 0:36:52- And you love Boulder?- I don't love it, but it's good.- You look great.
0:36:52 > 0:36:56- Thank you.- You look...- Margaret's helping me with fashion tips.
0:36:56 > 0:36:59LAUGHTER
0:36:59 > 0:37:01- Well, what did you think of Candace? - HE LAUGHS
0:37:01 > 0:37:04- Wow, how was that? - Dad, are you safe?
0:37:04 > 0:37:06I'm afraid she's going to hunt you down!
0:37:06 > 0:37:09And I told you that from the beginning - don't hate.
0:37:09 > 0:37:14- Don't get caught up in it. And you could see that in her face...- Yeah.
0:37:14 > 0:37:16- ..and her eyes...- And her hands.
0:37:16 > 0:37:19- Just CONSUMED by hatred.- Yeah.
0:37:19 > 0:37:22And yes, you know, I understand it.
0:37:22 > 0:37:25But she can't be the only victim, you see.
0:37:25 > 0:37:27You guys are victims. I'm a victim.
0:37:27 > 0:37:31Um... You don't have to be there all day, every day.
0:37:31 > 0:37:35I want to, it's fascinating! I'm so angry at Deaver!
0:37:35 > 0:37:38I just want to see all the crap that's talked about him.
0:37:38 > 0:37:41- SHE LAUGHS - You know, sometimes I wonder,
0:37:41 > 0:37:44- "Where was I during some of that trial?"- I know!- Yeah!
0:37:44 > 0:37:48- I don't remember some of that stuff. - Yeah.- He was so...- He was so boring!
0:37:48 > 0:37:50- Yeah, he was gross. - He was just boring and gross.
0:37:50 > 0:37:54- Supercilious, a know-it-all... - Yeah!- He was really terrible.
0:37:54 > 0:37:57Oh, I... Yeah, I hated him so much.
0:37:57 > 0:37:59Oh, God, lord!
0:38:00 > 0:38:05- OK. No more crying.- Whatever! That's going to make us cry more.
0:38:05 > 0:38:07THEY LAUGH
0:38:07 > 0:38:10We'll see you tomorrow!
0:38:10 > 0:38:14- I love you, Dad!- Bye-bye.- Bye!
0:38:14 > 0:38:17- He does look very tired. - Yeah, I know.
0:38:20 > 0:38:23- I don't remember how we got in. - What's the...?
0:38:24 > 0:38:28You know, we don't know really what happened,
0:38:28 > 0:38:32and so we have to live with the mystery of her death
0:38:32 > 0:38:36and trust that our dad didn't kill her at the same time.
0:38:36 > 0:38:41So it's kind of a hard position to be in...I think...or it's a position
0:38:41 > 0:38:46that would, you know, bring up a lot of stuff, so, um...
0:38:46 > 0:38:51So I've never doubted my dad's innocence, but...
0:38:51 > 0:38:57it's just, it's...just kind of... I don't know, a hard place to be.
0:38:58 > 0:39:00Um...
0:39:11 > 0:39:16I was looking at here - photographs that were taken from his computer
0:39:16 > 0:39:19and most of them are of homosexual military men
0:39:19 > 0:39:21and they're all different types of things that they're doing,
0:39:21 > 0:39:25you know, multiple partners, but they're all portrayed as being
0:39:25 > 0:39:30gay military men, um, performing sexual acts on each other.
0:39:32 > 0:39:36It's not the type of thing your typical, average citizen would want to access.
0:39:36 > 0:39:39Not if they want to portray themselves
0:39:39 > 0:39:42as someone that has this perfect marriage
0:39:42 > 0:39:48or however he wants to make his life seem so perfect, um, with his wife.
0:39:48 > 0:39:52I loved Kathleen. Kathleen loved me.
0:39:52 > 0:39:54I could not love anybody else.
0:39:54 > 0:39:57She could not love anybody else.
0:39:57 > 0:40:05That's the faithfulness that we...meant to one another.
0:40:05 > 0:40:07It transcended body.
0:40:07 > 0:40:10It was much deeper than that.
0:40:10 > 0:40:14- I loved her spiritually... - HE TAPS HIS CHEST
0:40:14 > 0:40:21..as well as physically, so I saw no, nor did she see, any problem.
0:40:21 > 0:40:24She would've been infuriated by learning that her husband,
0:40:24 > 0:40:28who she truly loved, was bisexual.
0:40:28 > 0:40:32We believe that, once she learned this information,
0:40:32 > 0:40:35that an argument ensued and a homicide occurred.
0:40:39 > 0:40:42- State your name, please. - Brent Wolgamott.
0:40:42 > 0:40:44- How old are you, sir? - I'm 28 years old, ma'am.
0:40:44 > 0:40:47Do you remember when you were contacted by a person
0:40:47 > 0:40:50- with the name "mpwriter"? - Yes, ma'am.
0:40:50 > 0:40:54Did you all actually discuss what you were going to do
0:40:54 > 0:40:57when you were to get together on September 5, 2001?
0:40:57 > 0:41:01- Yes, ma'am.- And what we're y'all planning on doing?- Er, having sex.
0:41:01 > 0:41:04- What type of sex, sir? - Um...- Do you know?
0:41:04 > 0:41:06- Can I say it? I guess, anal sex.- OK.
0:41:06 > 0:41:10- Did you get together with him on September 5, 2001?- No, ma'am.
0:41:10 > 0:41:12- Well, what happened? - I had a very long day
0:41:12 > 0:41:14and, when I got up there that night,
0:41:14 > 0:41:17I just said, you know what, I'll talk to him when I come back.
0:41:17 > 0:41:20I'm just tired and I want to go to Palm Springs, so I didn't go.
0:41:20 > 0:41:25We found out he's bisexual. We found out that he'd had correspondence
0:41:25 > 0:41:28with a male, military prostitute kind of guy.
0:41:28 > 0:41:34We found out crazy stuff. I mean, lots of crazy, crazy stuff,
0:41:34 > 0:41:39but none of it really shocked me at all. I mean, it was more like,
0:41:39 > 0:41:42"Oh, great, this is going to be terrible for the case,"
0:41:42 > 0:41:47you know, "jurors hate this stuff, especially in Durham," um, but...
0:41:47 > 0:41:51Yeah, it wasn't like, um...
0:41:51 > 0:41:54I was never presented with anything that made me
0:41:54 > 0:41:57think twice about my dad.
0:41:57 > 0:42:01Did Michael Peterson ever do or say anything,
0:42:01 > 0:42:04either on the phone or in an e-mail,
0:42:04 > 0:42:07that indicated that he was not in love with Kathleen Peterson?
0:42:07 > 0:42:09To the contrary, unlike most of my clients,
0:42:09 > 0:42:12he indicated that he had a great relationship. Most clients don't
0:42:12 > 0:42:15want to say anything about their relationship. He indicated he had
0:42:15 > 0:42:19a warm relationship with his wife and nothing would ever destroy that.
0:42:19 > 0:42:22To think that he had this secret life going on is baffling
0:42:22 > 0:42:25and it makes me think there are so many things I didn't know about him
0:42:25 > 0:42:28and it cancels out all trust I have in him.
0:42:30 > 0:42:33Parent figures have always been difficult for us.
0:42:33 > 0:42:37Just having such a tumultuous experience of...
0:42:37 > 0:42:40losing our birth parents.
0:42:40 > 0:42:46Living with Patty and our dad was really tumultuous.
0:42:46 > 0:42:49We were kind of tossed around a lot
0:42:49 > 0:42:51and then we moved in with Kathleen and Dad
0:42:51 > 0:42:54and Kathleen had a daughter, Caitlin.
0:42:54 > 0:42:57And, you know, we weren't anybody's natural children,
0:42:57 > 0:43:00so we kind of...
0:43:00 > 0:43:06had...parent issues most of our lives, I guess.
0:43:06 > 0:43:08THEY LAUGH
0:43:08 > 0:43:10- Um...- I think, yeah,
0:43:10 > 0:43:15the thing that makes me so sad is that our two constants, really...
0:43:15 > 0:43:20I mean, Dad was the only continuity we've had in our lives for parents.
0:43:20 > 0:43:21Um...
0:43:23 > 0:43:27And so I feel like that's why we have such a strong bond with him,
0:43:27 > 0:43:33um, and with each other, but also Mom, Kathleen, it's..
0:43:33 > 0:43:37She really was the first person who took us in and combed our hair.
0:43:49 > 0:43:55I just know that, um, my mom died in '85 from a brain haemorrhage.
0:43:55 > 0:43:58She had been having many headaches before.
0:43:58 > 0:44:00I mean, there's... Many people have said this.
0:44:00 > 0:44:04That, um, she called her mother complaining of headaches.
0:44:04 > 0:44:08She hated doctors, like I don't like doctors either!
0:44:08 > 0:44:10Neither does Martha, um...
0:44:10 > 0:44:15So she didn't want to go see one no matter how much, you know, Dad...
0:44:15 > 0:44:19Um, Mike and Patty, I guess, um, told her to go
0:44:19 > 0:44:25and she basically died before she even hit the bottom of the stairs.
0:44:25 > 0:44:27NEWS ON TV
0:44:27 > 0:44:31'The murder case against Michael Peterson doesn't just involve
0:44:31 > 0:44:35'his wife any more - it involves a friend who died 18 years ago.'
0:44:35 > 0:44:38'Elizabeth Ratliff was a friend of Michael Peterson.
0:44:38 > 0:44:39'In fact, Peterson was with Ratliff
0:44:39 > 0:44:42'the night before she was found dead in Germany.
0:44:42 > 0:44:45'Ratliff's body was discovered at the bottom of the staircase in 1985
0:44:45 > 0:44:49'and prosecutors have implied that the circumstances of her death
0:44:49 > 0:44:52'mirror those of Michael Peterson's wife Kathleen.'
0:44:52 > 0:44:55The two daughters that were adopted by Michael Peterson
0:44:55 > 0:44:57were the daughters of Elizabeth Ratliff,
0:44:57 > 0:45:00that woman that died 18 years ago in Germany.
0:45:00 > 0:45:04They were raised by Michael Person, raised as his own daughters,
0:45:04 > 0:45:07and they refer to him as Dad and, as I told you before,
0:45:07 > 0:45:10those two girls, who are now grown up and in their twenties,
0:45:10 > 0:45:12are supporting Michael Peterson.
0:45:12 > 0:45:15So while prosecutors, on the one hand, say Michael Peterson
0:45:15 > 0:45:18is responsible for killing their biological mother
0:45:18 > 0:45:21and for killing their step-mother who was helping to raise them,
0:45:21 > 0:45:23they are saying no.
0:45:23 > 0:45:28There's an autopsy report that says, "Cause of death - natural causes."
0:45:28 > 0:45:32- "The stairway killer." Is that the idea?- That's what they'll try...
0:45:32 > 0:45:37- He found a way to kill women 17 years apart.- Right.
0:45:39 > 0:45:42Once it became clear to us that the prosecution was going
0:45:42 > 0:45:45to try and use this evidence in Germany,
0:45:45 > 0:45:48we went to Germany ourselves.
0:45:48 > 0:45:50'We spoke with Patty Peterson,
0:45:50 > 0:45:55'who had been there with Liz the night before she died and who was
0:45:55 > 0:46:00'at her house with Michael that morning that her body was found.'
0:46:00 > 0:46:04There was nothing out of place, except she was no longer living.
0:46:04 > 0:46:07Everything was as if one would've walked into a normal home.
0:46:07 > 0:46:12- You know, there was no pool of blood, there were no...- Spatters?
0:46:12 > 0:46:15I mean, there could have been a few spatters here,
0:46:15 > 0:46:18but so small that they did not register with me.
0:46:18 > 0:46:20She was turned sideways.
0:46:20 > 0:46:23- She was turned on her side facing upwards.- Facing that way?
0:46:23 > 0:46:25Yes, like that.
0:46:25 > 0:46:28In the very beginning, I was surprised
0:46:28 > 0:46:32when people made a connection between Liz and Kathleen,
0:46:32 > 0:46:34because there was no connection.
0:46:34 > 0:46:38Liz had had a stroke. She was found at the bottom of the stairs.
0:46:38 > 0:46:42Kathleen fell down the stairs, I firmly believe.
0:46:42 > 0:46:44I saw no connection between those,
0:46:44 > 0:46:49but now, of course, knowing how it was presented.
0:46:49 > 0:46:51"This person murdered, found at the bottom of the steps.
0:46:51 > 0:46:55"This person murdered, found at the bottom of the steps."
0:46:55 > 0:46:59Anybody would understandably come to that conclusion.
0:47:09 > 0:47:13Three, two, one.
0:47:13 > 0:47:16The DA thinks that there's enough similarity between the two deaths
0:47:16 > 0:47:19that they've had Ratliff's body exhumed from a cemetery here in Texas
0:47:19 > 0:47:23and brought to the medical examiner's office in Chapel Hill.
0:47:23 > 0:47:27It was, like, my worst nightmare when I was little.
0:47:27 > 0:47:29You know, you'd have nightmares of, like...
0:47:29 > 0:47:32your mother, your parents coming back alive
0:47:32 > 0:47:35and, like, what they would look like, you know,
0:47:35 > 0:47:39just typical childhood nightmares and it was like it was coming true.
0:47:44 > 0:47:46They spent thousands of dollars
0:47:46 > 0:47:51transporting her body 1,200 miles from Bay City, Texas, to Chapel Hill
0:47:51 > 0:47:55in order to allow the very same medical examiner, who had already
0:47:55 > 0:47:59concluded that Kathleen Peterson's death was not accidental,
0:47:59 > 0:48:03to perform that autopsy in the hopes of coming to the same conclusion.
0:48:05 > 0:48:08I expect him to be found guilty
0:48:08 > 0:48:13of killing his wife and I think, after the autopsy tomorrow,
0:48:13 > 0:48:19people will have...issues, I think, with the result of that,
0:48:19 > 0:48:23as far as his involvement with the death of Elizabeth Ratliff.
0:48:26 > 0:48:30'They didn't prove that Elizabeth Ratliff had been murdered,
0:48:30 > 0:48:36'but just the jury hearing about all this created this impression'
0:48:36 > 0:48:40that Michael Peterson must've been responsible in some way.
0:48:40 > 0:48:43'This is just too big a coincidence.'
0:48:43 > 0:48:46In my opinion, the cause of death of Mrs Ratliff
0:48:46 > 0:48:47was blunt trauma of the head.
0:48:49 > 0:48:54- JIM HARDIN:- Do you also have an opinion as to the manner of Mrs Ratliff's death?
0:48:54 > 0:48:56- In my opinion... - Objection.- Overruled.
0:48:56 > 0:49:01In my opinion, the manner of death in Mrs Ratliff's case was homicide.
0:49:01 > 0:49:04Court is now in recess for ten minutes.
0:49:06 > 0:49:10'When I found out the evidence of Liz Ratliff's death'
0:49:10 > 0:49:13'and that it was very similar to my mother's death,'
0:49:13 > 0:49:18there was a possibility that I had been living with a man for 13 years
0:49:18 > 0:49:23who had possibly committed murder 18 years ago and, all this time,
0:49:23 > 0:49:26there was this big secret, something I didn't know about him,
0:49:26 > 0:49:29and that's very scary.
0:49:30 > 0:49:33DOOR RATTLES LOUDLY
0:49:43 > 0:49:45Step right over here.
0:49:52 > 0:49:55DOOR BANGS AND SQUEAKS
0:50:07 > 0:50:09So what do you have?
0:50:09 > 0:50:14You have two women murdered on or pushed down, whatever...
0:50:14 > 0:50:17- Oh!- ..two staircases, two different countries...- Take it easy.
0:50:17 > 0:50:21..and one man present with them each time. Both ruled a homicide.
0:50:21 > 0:50:25The second thing is the blood wiping on the walls.
0:50:25 > 0:50:28The medical examiner testified, and I read last night,
0:50:28 > 0:50:32that Kathleen Peterson laid there and was bleeding for a time -
0:50:32 > 0:50:37she couldn't say how long - for a period of time before she died.
0:50:37 > 0:50:41But it's clear evidence that somebody was wiping the blood off the walls.
0:50:41 > 0:50:46And then, how do you get past the blood spatter on his shoes?
0:50:46 > 0:50:50And then, the bloody footprint on the back of her leg.
0:50:50 > 0:50:54And judge, I went back and I looked at the photographs in this case.
0:50:54 > 0:50:57I don't know how high that ceiling is in that home,
0:50:57 > 0:51:03but anybody with common sense would know that the blood on that ceiling
0:51:03 > 0:51:06and on the wall did not come from falling down the steps.
0:51:06 > 0:51:08I grew up in a house that had steps. I've fallen down the steps.
0:51:08 > 0:51:10My mother's fallen down the steps.
0:51:11 > 0:51:16Separate and apart from anything Mr Deaver did,
0:51:16 > 0:51:19Mr Labor and Mr Epstein indicate in their report
0:51:19 > 0:51:22that this was clearly not a fall down the steps
0:51:22 > 0:51:25and furthermore, Judge Hudson,
0:51:25 > 0:51:29they indicated from wearing the pants of Michael Peterson
0:51:29 > 0:51:34that the spatter inside of those pants came in an upward direction,
0:51:34 > 0:51:37and found that, in their opinion,
0:51:37 > 0:51:40- Mr Peterson was standing over the body of this young lady...- Not true.
0:51:40 > 0:51:44- That's just not true.- ..when that spatter went inside of his pants.
0:51:44 > 0:51:45Your Honour, at this time,
0:51:45 > 0:51:48the defendant would call Mike Klinkosum to the stand.
0:51:54 > 0:52:01In 1991, Greg, um, and his acquaintance Johnny Beck
0:52:01 > 0:52:04had been out in Raleigh that evening
0:52:04 > 0:52:08and had been seeking drugs and drinking.
0:52:08 > 0:52:11They had been together, because Johnny knew where to get drugs
0:52:11 > 0:52:16and Greg had the money and so they were doing drugs together
0:52:16 > 0:52:19and they ended up driving down
0:52:19 > 0:52:22into a cul-de-sac on Blunt Street, here in Raleigh,
0:52:22 > 0:52:26and they sat there for a while and smoked some more crack
0:52:26 > 0:52:29and, then, at one point, when they were getting ready to leave,
0:52:29 > 0:52:32Greg decided, because he had a four-wheel drive vehicle,
0:52:32 > 0:52:36that he would go down this dirt path out into this field.
0:52:36 > 0:52:40And when he did, he got his car stuck in a ravine out in the field.
0:52:40 > 0:52:44As so, as they walked back into the cul-de-sac on Blunt Street,
0:52:44 > 0:52:47they noticed... And this was in the early hours.
0:52:47 > 0:52:52They noticed, um, what Greg at first thought was a roll of carpet
0:52:52 > 0:52:55lying in the road in the cul-de-sac
0:52:55 > 0:52:58and it was really Johnny who determined that it was a body.
0:52:58 > 0:53:01And because they had been out using drugs
0:53:01 > 0:53:03and Greg still had some marijuana on him
0:53:03 > 0:53:08and didn't have a driver's licence, they just decided to leave it be.
0:53:08 > 0:53:10And later that morning, he went back to the cul-de-sac
0:53:10 > 0:53:12and he walked up to the police
0:53:12 > 0:53:15and told them that that was his truck in the field.
0:53:15 > 0:53:20And they asked him to come down to be questioned and he agreed to do that
0:53:20 > 0:53:24and, at that point, um, things started rolling against him.
0:53:30 > 0:53:34They had found stains on the fender and the fender liner
0:53:34 > 0:53:37that law enforcement thought might be blood.
0:53:37 > 0:53:40So they sent these stains
0:53:40 > 0:53:44to the SBI lab for testing in the serology section.
0:53:44 > 0:53:46The report that was generated
0:53:46 > 0:53:50and signed by Agent Deaver from the SBI lab said that
0:53:50 > 0:53:53there were chemical indications for the presence of blood.
0:53:53 > 0:53:55That's what was written in the lab report.
0:53:55 > 0:53:59What was not turned over or disclosed was the fact that Agent Deaver
0:53:59 > 0:54:04had gotten a negative result on the Takayama test, which indicated
0:54:04 > 0:54:09that he could not confirm that those two stains were in fact blood.
0:54:09 > 0:54:14And the lab report that was given to defence counsel,
0:54:14 > 0:54:18given to the prosecutor and introduced into evidence,
0:54:18 > 0:54:24Duane Deaver's lab report, did it say anything about the fact
0:54:24 > 0:54:27- that an additional test had been done?- No.
0:54:27 > 0:54:29What was the result of that trial?
0:54:29 > 0:54:31Um, Mr Taylor was convicted of first degree murder.
0:54:31 > 0:54:35- And what was his sentence? - Er, he was... Life in prison.
0:54:35 > 0:54:39Did you see in the report where Agent Deaver stated,
0:54:39 > 0:54:41in his opinion, there is nothing scientifically wrong
0:54:41 > 0:54:46with what they reported and they did not hurt anybody
0:54:46 > 0:54:50by not reporting negative results. Do you see that?
0:54:50 > 0:54:53Greg Taylor is the prime example.
0:54:53 > 0:54:57He spent 17 years in prison for a murder he didn't commit
0:54:57 > 0:55:00and if the results of the confirmatory test,
0:55:00 > 0:55:02the Takayama test, had been turned over,
0:55:02 > 0:55:05I think that would have made a large impact on the jury,
0:55:05 > 0:55:08because, at his trial, the prosecutor,
0:55:08 > 0:55:11um, in his closing argument,
0:55:11 > 0:55:14several times referred to the blood on the truck.
0:55:14 > 0:55:17I think, even later, some jurors gave their opinion
0:55:17 > 0:55:22that the blood on the truck was a major factor, um, in their decision.
0:55:22 > 0:55:25It never occurred to anybody.
0:55:25 > 0:55:29We thought they hadn't done all the testing they should've done.
0:55:29 > 0:55:33Er, we thought the testing was probably not accurate,
0:55:33 > 0:55:37but it never occurred to anybody that they had done the testing
0:55:37 > 0:55:43and just hidden the results. Um...they're scientists
0:55:43 > 0:55:46and scientists are supposed to be about the facts.
0:55:46 > 0:55:49They're not supposed to take sides. They're supposed to
0:55:49 > 0:55:53reveal everything they find and not have bias,
0:55:53 > 0:55:57but the fact that they held back these confirmatory tests was...
0:55:57 > 0:56:02was absolutely biased in favour of the prosecution
0:56:02 > 0:56:06in the way they conducted, er, they prepared that final report.
0:56:06 > 0:56:09So I was shocked, really.
0:56:09 > 0:56:11We were all shocked.
0:56:11 > 0:56:13You know, how could a lab do that? You'd expect...
0:56:13 > 0:56:18I'd expect it from a prosecutor or a policeman or an attorney,
0:56:18 > 0:56:22maybe a judge or whatever, but from a lab, you know?
0:56:24 > 0:56:29You know, where's the... the sense of fairness?
0:56:29 > 0:56:35Why do they feel like they have to do something like that?
0:56:35 > 0:56:41Um, you know, when I think about, you know, all the years that I lost,
0:56:41 > 0:56:45because of this, what I missed of my daughter growing up, you know.
0:56:45 > 0:56:49I missed her tenth birthday. I missed her high school graduation.
0:56:49 > 0:56:51I missed her college graduation.
0:56:53 > 0:56:54I missed her getting married.
0:56:56 > 0:56:59I missed the birth of my grandson.
0:56:59 > 0:57:03You know, she was 26 years old when I was released
0:57:03 > 0:57:07and I missed all that. I look at her today like she's a stranger,
0:57:07 > 0:57:10cos I don't know how she came to be about herself.
0:57:36 > 0:57:40- Do you know which direction to go? - Um...
0:57:47 > 0:57:50HE GASPS
0:57:50 > 0:57:54- Say hi?- How are you doing? - Say hi? Hi, Grandpa!
0:57:57 > 0:57:59How you doing?
0:57:59 > 0:58:02HE CHATTERS TO THE BABY, BECKY LAUGHS
0:58:02 > 0:58:07- His first visit to jail.- But he's been to prison twice already!
0:58:07 > 0:58:13- Dada!- He's seen you twice at Nash. - In prison! That's right. Right!
0:58:13 > 0:58:15His first time to jail, though.
0:58:15 > 0:58:18The first through-the-glass conversation! All those
0:58:18 > 0:58:21little memories that you write down in the baby scrapbook, you know!
0:58:21 > 0:58:23- In his baby book! - SHE LAUGHS
0:58:23 > 0:58:26Oh, for God's sake!
0:58:26 > 0:58:29- Oh, it's good to see you! God!- You too, Dad.
0:58:29 > 0:58:31THEY LAUGH
0:58:31 > 0:58:34Oh, Christ! Now your ears go back beautifully!
0:58:34 > 0:58:36Yeah, everything's great.
0:58:36 > 0:58:41- Work's going well, all this is good. - He's a darling.
0:58:41 > 0:58:44You know, down here with family, it's stressful but, you know,
0:58:44 > 0:58:46- it's nice to see everybody.- Oh, yeah!
0:58:46 > 0:58:49So do you think he looks like anyone yet?
0:58:49 > 0:58:53- I think his ears are a little like mine.- They are!
0:58:53 > 0:58:57I said that to Margaret the other day,
0:58:57 > 0:59:00because we were looking at you in court from the back and I look at him
0:59:00 > 0:59:03from the back and your ears look the same from the back.
0:59:03 > 0:59:05I had gorgeous small ears when I was young.
0:59:05 > 0:59:08- Is he going to have hair or not? - I don't know.
0:59:08 > 0:59:12- One of these days. - Some day! Some day!
0:59:12 > 0:59:17When you see Margaret, would you please wish her a happy birthday?
0:59:18 > 0:59:21- That poor child.- I know.
0:59:21 > 0:59:25You know, I wrote about this day with her.
0:59:25 > 0:59:28I was there when she was born.
0:59:28 > 0:59:30Well, I wasn't in the room, but I took her to the hospital
0:59:30 > 0:59:37in 1981, drove her in a snowstorm to go to,
0:59:37 > 0:59:40you know, Wiesbaden hospital.
0:59:40 > 0:59:44And then, I was there every birthday after that.
0:59:44 > 0:59:47Every single birthday she ever had,
0:59:47 > 0:59:50I was there until, I guess it was about the 18th birthday.
0:59:50 > 0:59:56Then she went to college. And then there was the 20th birthday.
0:59:56 > 0:59:59- Yeah, that one kind of sucked. - Kind of sucked?(!)
1:00:00 > 1:00:05Yeah, you remember that? Watching the grid search of the house.
1:00:05 > 1:00:11And then here it is, her 30th birthday. Oh my god.
1:00:11 > 1:00:14So maybe this is the last I'm going to see of Dorian
1:00:14 > 1:00:20until you bring him down for our ice cream and tattoo outing.
1:00:20 > 1:00:22Well, we'll see.
1:00:22 > 1:00:24- So I'll see you Tuesday morning. - Yup.
1:00:24 > 1:00:27You're going to watch me hobble down the stairs, OK?
1:00:29 > 1:00:34God almighty! Christ. Don't let them film me going down the stairs!
1:00:34 > 1:00:35THEY CHUCKLE
1:00:35 > 1:00:39Jesus. No filming going down the stairs!
1:00:41 > 1:00:42I love you.
1:00:42 > 1:00:46- Love you, Dad.- Bye bye.
1:00:47 > 1:00:48Come on, wave.
1:00:48 > 1:00:51Bye bye!
1:00:51 > 1:00:54- Bye, Dad. Love you.- Oh, shit.
1:01:05 > 1:01:07# Happy birthday to you
1:01:07 > 1:01:12# Happy birthday to you
1:01:12 > 1:01:18# Happy birthday dear Margaret
1:01:18 > 1:01:24# Happy birthday to you. #
1:01:24 > 1:01:28APPLAUSE AND CHEERING
1:01:32 > 1:01:35APPLAUSE AND CHEERING
1:01:35 > 1:01:40It was snowing, gently falling everywhere and after many,
1:01:40 > 1:01:45many hours of intensive labour, I was at your birth mother's side.
1:01:45 > 1:01:48Margaret at long last emerged.
1:01:48 > 1:01:53She was exquisitely beautiful and she looked exactly the same.
1:01:53 > 1:01:58Lovely red strawberry blonde hair. To Margaret, much love.
1:01:58 > 1:02:01May the future bring you much happiness and continued fulfilment.
1:02:01 > 1:02:04We love you, dearest Margaret.
1:02:04 > 1:02:07APPLAUSE
1:02:08 > 1:02:10Thanks for coming, guys.
1:02:10 > 1:02:13I hope your thirties are freaking awesome! >
1:02:13 > 1:02:15APPLAUSE
1:02:17 > 1:02:22My 20th birthday sucked so hardcore and my 30th birthday
1:02:22 > 1:02:25is so much better, so thank you guys for coming.
1:02:25 > 1:02:29It's gonna just be a lot better from now on. I hope.
1:02:32 > 1:02:35So to all of you guys and to Dad, too.
1:02:45 > 1:02:48Place your left arm on the Bible, raise your right arm and swear
1:02:48 > 1:02:51the testimony you're about to give the court and the jury
1:02:51 > 1:02:54in the case now being heard to be the truth and nothing but the truth,
1:02:54 > 1:02:56- so help you God. - I do.- Please be seated.
1:02:56 > 1:02:57Did there come a time
1:02:57 > 1:03:01when you were asked to conduct a review
1:03:01 > 1:03:04of the SBI laboratory?
1:03:05 > 1:03:06Yes,
1:03:06 > 1:03:12in early March of 2010 we agreed to conduct a review
1:03:12 > 1:03:17of all serology files with similar reporting sequences
1:03:17 > 1:03:20as had appeared in the Taylor case.
1:03:20 > 1:03:22The purpose of the report was to see
1:03:22 > 1:03:25if there had been any cases of injustice.
1:03:25 > 1:03:29Did you find that there were at least a number of agents,
1:03:29 > 1:03:33not just agent Deaver, who were producing lab reports
1:03:33 > 1:03:37that didn't have all of the tests that they had actually run?
1:03:37 > 1:03:42We identified 230 cases where not all the tests were reported
1:03:42 > 1:03:45in the final report that was issued by the lab.
1:03:45 > 1:03:49You would see a presumptive positive and a negative Takayama
1:03:49 > 1:03:51shown in the notes and then you would see a final report
1:03:51 > 1:03:54that simply reported the presumptive positive.
1:03:54 > 1:03:58And of the five cases that were categorised by you all
1:03:58 > 1:04:01as the most serious of all the cases you looked at,
1:04:01 > 1:04:05who was the agent on each of those cases?
1:04:05 > 1:04:07Special Agent Deaver.
1:04:07 > 1:04:10Were those the only instances where you found that agent Deaver
1:04:10 > 1:04:15had failed to put down what his lab notes reflected?
1:04:15 > 1:04:21- No, I believe the final total was 34.- 34 cases?- That's correct.
1:04:21 > 1:04:25Thank you very much. Please answer whatever questions the DA may have.
1:04:25 > 1:04:26I appreciate it.
1:04:34 > 1:04:37I got this group of French people who are following me
1:04:37 > 1:04:38around with a camera.
1:04:40 > 1:04:43I think they want to film inside there.
1:04:43 > 1:04:47- I don't know if you're... - If it's OK with you it's OK with me.
1:04:47 > 1:04:50- It's OK with me.- Oh, you've come to share lunch with me!
1:04:50 > 1:04:52- No! - You were going to bring your own.
1:04:52 > 1:04:54No, no, I'm not sharing anything with you.
1:04:54 > 1:04:57Why are you hobbling around like you're 80 years old?
1:04:57 > 1:05:00- Jeez, 80?!- 90.- How about 200?
1:05:00 > 1:05:03- Ask them what I looked like yesterday.- Why, what's going on?
1:05:04 > 1:05:07Well, I'm hardly the Princess and the Pea here.
1:05:07 > 1:05:10- You know, the story of the Princess and the Pea?- Yes.
1:05:10 > 1:05:13I've been in prison for eight years.
1:05:13 > 1:05:16We don't have orthopaedic mattresses or anything.
1:05:16 > 1:05:20- They don't have the foam? - No, it's pretty terrible.
1:05:20 > 1:05:24I'm so used to prison luxury conditions, you see,
1:05:24 > 1:05:29that coming to the jail, sleeping on cold concrete - maybe that's it.
1:05:29 > 1:05:30Maybe that's it.
1:05:30 > 1:05:35It's sort of like going from the Westin with their Heavenly beds
1:05:35 > 1:05:37to Motel 6.
1:05:39 > 1:05:45So, she is not calling Deaver. She is not calling any experts.
1:05:45 > 1:05:47Uh, she's going to call a couple of witnesses.
1:05:47 > 1:05:51I think she's going to try to get into evidence that Deborah Radisch
1:05:51 > 1:05:54thought it was a homicide, but neither of those things
1:05:54 > 1:05:57has any bearing on it.
1:05:57 > 1:06:00- As you say, that's for a retrial. - Right, right.
1:06:00 > 1:06:02I don't want to get too far out ahead of ourselves here,
1:06:02 > 1:06:06but if we get a new trial, then the question becomes,
1:06:06 > 1:06:08can they even retry you,
1:06:08 > 1:06:12given the fact that Deaver was all over that scene?
1:06:12 > 1:06:16I mean, ALL over the scene, and remember the photo glitches
1:06:16 > 1:06:20and him smelling the wine and...
1:06:20 > 1:06:22Yes, he's the one that did that!
1:06:22 > 1:06:25- All of it. He did all of it! - Such bullshit.
1:06:25 > 1:06:29He did all of it. Get a good close-up of him.
1:06:29 > 1:06:32THEY CHUCKLE
1:06:32 > 1:06:34Oh, another close-up right there.
1:06:34 > 1:06:38How the man got away with it, for as long as he did,
1:06:38 > 1:06:44that's really a crime, because you wonder how many other cases
1:06:44 > 1:06:46there are - not high-profile cases -
1:06:46 > 1:06:51but other cases in which the man probably testified.
1:06:51 > 1:06:54He made the difference of sending them either to prison
1:06:54 > 1:06:57or getting them much more time.
1:06:57 > 1:07:03And I just cannot even imagine that anybody would do that,
1:07:03 > 1:07:08but he's done it for, gosh, over 20 years.
1:07:08 > 1:07:14In September 2007, Dr Turner killed his wife Jennifer Turner
1:07:14 > 1:07:17and several months after the killing,
1:07:17 > 1:07:20Dr Turner was indicted by the Davie County Grand Jury
1:07:20 > 1:07:21for first-degree murder.
1:07:21 > 1:07:26What does Dr Turner say had happened between him and his wife?
1:07:26 > 1:07:30Well, the killing occurred in an outbuilding of the property
1:07:30 > 1:07:35that Dr Turner and his wife had shared until they became separated
1:07:35 > 1:07:37about 18 months before the killing.
1:07:37 > 1:07:43Inside the building, there were tons of stuff just lying all around.
1:07:43 > 1:07:46One of the things that was lying around was a large seven-foot -
1:07:46 > 1:07:50I mean, for lack of a better term - Viking spear
1:07:50 > 1:07:53that had about a 16-inch blade on the end of it
1:07:53 > 1:07:56and Mrs Turner picked up the spear
1:07:56 > 1:08:00and attacked him with it, driving it through his leg near his groin,
1:08:00 > 1:08:03through and through twice and stabbing it on his arm.
1:08:03 > 1:08:05At that point in time, he went into his pocket.
1:08:05 > 1:08:08He had a pocket knife with him and he used the pocket knife
1:08:08 > 1:08:10to defend himself and in doing so,
1:08:10 > 1:08:12inflicted the wounds that killed her.
1:08:27 > 1:08:31Did he in fact have wounds on his leg that were consistent
1:08:31 > 1:08:33with what he had said happened?
1:08:33 > 1:08:36Yes, he lost about a quarter of his blood volume
1:08:36 > 1:08:39and one of those wounds was about 1.5 centimetres
1:08:39 > 1:08:43from his femoral artery, which they also concluded would have killed him
1:08:43 > 1:08:44if it had hit him.
1:08:44 > 1:08:49I'm going to show you what has been marked as exhibit 27.
1:08:49 > 1:08:53What was the initial opinion that Agent Thomas had
1:08:53 > 1:08:58with regard to the shirt that Dr Turner had been wearing?
1:08:58 > 1:09:01Uh, this transfer bloodstain pattern was consistent with a bloody hand
1:09:01 > 1:09:03being wiped on the surface of the shirt.
1:09:11 > 1:09:13What does the second report say?
1:09:13 > 1:09:16It says, "it is consistent with a pointed object,
1:09:16 > 1:09:20"consistent with a knife being wiped on the surface of the shirt."
1:09:20 > 1:09:23Was there any indication in that second report
1:09:23 > 1:09:27that there had been a significant change?
1:09:28 > 1:09:29No, there wasn't.
1:09:29 > 1:09:32What special agent Thomas testified about is that the SBI
1:09:32 > 1:09:35and Special Agent Deaver, who was working with him,
1:09:35 > 1:09:38had been presented with a new scenario.
1:09:38 > 1:09:42That, in essence, he had inflicted those wounds on himself
1:09:42 > 1:09:44and entirely staged the scene.
1:09:44 > 1:09:48Following that, they, when looking at the shirt, could it possibly
1:09:48 > 1:09:51have been because someone was wiping a knife off on the shirt?
1:09:51 > 1:09:55Was that what he got out of that meeting that Agent Deaver attended?
1:09:55 > 1:09:56Yes.
1:09:56 > 1:10:00Then it says, "I'm going to meet with Duane
1:10:00 > 1:10:02- "to do the actual reconstruction." - Yes.
1:10:08 > 1:10:12- Who's filming this?- Special Agent Deaver.- He's present there?
1:10:12 > 1:10:13He's filming it, yes.
1:10:17 > 1:10:21I think what they were trying to do is put blood
1:10:21 > 1:10:25on just the outside layers of the knife in the hopes
1:10:25 > 1:10:29that it would somehow duplicate the initial stain, even though
1:10:29 > 1:10:32he didn't know a scenario where that would occur in actual real life,
1:10:32 > 1:10:35where you only have blood on the absolute edges of a knife.
1:10:37 > 1:10:42Nice good curve. Turn your wrist in. Even better, yeah.
1:10:42 > 1:10:48'All right then, you might get some just lightly on the fingers'
1:10:48 > 1:10:52and just kinda...up, up.
1:10:54 > 1:10:58'Beautiful. That's a wrap, baby.'
1:10:58 > 1:11:01Not in any effort to recreate any scenario
1:11:01 > 1:11:07of what actually happened that night, but just to create a stain
1:11:07 > 1:11:11that might look like another stain, that might refute
1:11:11 > 1:11:15what our experts said about what that stain was.
1:11:15 > 1:11:17'There's a bloodstain expert, Stewart James.'
1:11:17 > 1:11:22He's universally regarded as one of the handful of top two or three
1:11:22 > 1:11:24experts in this field.
1:11:24 > 1:11:29He takes the video of the Kirk Turner blood experiments
1:11:29 > 1:11:33where Gerald Thomas wipes the shirt and Duane Deaver is filming it
1:11:33 > 1:11:38and he shows this video at professional conferences,
1:11:38 > 1:11:41both in the United States and abroad.
1:11:41 > 1:11:46The reaction in the community of bloodstain pattern analysis,
1:11:46 > 1:11:50he says, is shock, that everyone just looks at these experiments
1:11:50 > 1:11:53and says, "That is a bunch of malarkey."
1:11:53 > 1:11:57It's sort of what's happening in Mike Peterson's motion
1:11:57 > 1:12:00for appropriate relief right now. You can sort of know
1:12:00 > 1:12:04all of these anecdotal things and you can experience individual cases
1:12:04 > 1:12:08like we did with Dr Turner and other cases, but once you see
1:12:08 > 1:12:13all of those things synthesised and brought together
1:12:13 > 1:12:18and woven into the same tapestry, it's pretty devastating
1:12:18 > 1:12:25to see what can pass for science and justice in a courtroom.
1:12:27 > 1:12:29Thanks, I appreciate it.
1:12:31 > 1:12:34Am I going to get a lunch today, deputy?
1:12:34 > 1:12:35We're working on it.
1:12:35 > 1:12:40This woman stabbed him with a spear and then he cut her throat.
1:12:40 > 1:12:46You know, this is not a good marriage here, but anyway...
1:12:46 > 1:12:50But then when I read that Duane Deaver believed that the man
1:12:50 > 1:12:54had taken a spear and put it through his leg,
1:12:54 > 1:12:58I mean, it just boggles the mind,
1:12:58 > 1:13:00that anybody would come up with that.
1:13:05 > 1:13:06I got an orange. Oh!
1:13:15 > 1:13:19You ought to feel how cool this sandwich is.
1:13:19 > 1:13:21Just feel how cold that is.
1:13:38 > 1:13:41Mrs Sutton, have you been qualified as an expert witness
1:13:41 > 1:13:44in the field of bloodstain pattern analysis?
1:13:44 > 1:13:45Yes sir, I have.
1:13:45 > 1:13:49I want to show you what Mr Deaver testified to
1:13:49 > 1:13:51at Mr Peterson's trial.
1:13:51 > 1:13:56I'm gonna ask of you to describe the types of experiments that you used
1:13:56 > 1:14:00and what the results were, generally.
1:14:00 > 1:14:06Test 1 was to place a source of blood a certain distance above
1:14:06 > 1:14:11a horizontal or above the ground and impact it with test shoes on
1:14:11 > 1:14:13and to take a look at those spatters
1:14:13 > 1:14:17to determine if they were comparable to what I found on the real shoes.
1:14:42 > 1:14:44The wearer of these shoes -
1:14:44 > 1:14:49these shoes were actually directly below the source of blood,
1:14:49 > 1:14:52which in my opinion is the back of the head of the victim
1:14:52 > 1:14:55when it was impacted.
1:14:55 > 1:14:58Is there anything about these experiments that you saw
1:14:58 > 1:15:02that in any way supports Mr Deaver's opinion?
1:15:02 > 1:15:07No. The experiment won't show that at all.
1:15:07 > 1:15:12What the experiment shows is that if you impact a sponge,
1:15:12 > 1:15:13it'll create spatter.
1:15:15 > 1:15:19That's a given in my field. That's a recreation.
1:15:19 > 1:15:22That's trying to make a set of circumstances
1:15:22 > 1:15:26and get a desired outcome.
1:15:26 > 1:15:30It's not what I would classify as an experiment.
1:16:17 > 1:16:21'The opinion is that these pants are consistent with impact spatters
1:16:21 > 1:16:23'that result from a forceful impact'
1:16:23 > 1:16:25and that the individual
1:16:25 > 1:16:27wearing these pants at the time of that impact
1:16:27 > 1:16:32was in close proximity to the source of blood when it was impacted.
1:16:32 > 1:16:36Was that experiment that you just saw acceptable within
1:16:36 > 1:16:40the bounds of bloodstain pattern analysis?
1:16:40 > 1:16:43No. The first thing that really struck me was
1:16:43 > 1:16:47as soon as he stepped into the stairway
1:16:47 > 1:16:50he pulled the short leg open. That's not fair.
1:16:50 > 1:16:54If the question is, can I take a step into the stairwell,
1:16:54 > 1:16:58hit somebody, and get spatter back into my shorts,
1:16:58 > 1:17:02then I have to do it with as natural a motion as possible.
1:17:02 > 1:17:04One thing I did notice,
1:17:04 > 1:17:09the target was placed more towards the centre of the landing
1:17:09 > 1:17:14as opposed to back where the area of origin was actually calculated.
1:17:14 > 1:17:18And of course, that's so that you can have one leg up.
1:17:18 > 1:17:20That certainly could be one explanation, sure.
1:17:20 > 1:17:24If it was back further, somebody would be standing on the landing.
1:17:24 > 1:17:26They wouldn't have their leg up, would they?
1:17:26 > 1:17:29I agree with that and it would also be difficult to hit that sponge.
1:17:29 > 1:17:34Are the experiments that you used consistent with what others
1:17:34 > 1:17:38in the field use to conduct analysis of bloodstain patterns?
1:17:38 > 1:17:40Yes, they are.
1:17:40 > 1:17:45Is it consistent with the methodology that you learned
1:17:45 > 1:17:47- 15, 16 years ago?- Yes, it is.
1:17:48 > 1:17:51- Is that true?- No, sir.
1:17:51 > 1:17:54Is his methodology, as you saw in these experiments,
1:17:54 > 1:17:58what others who are competent in the field of bloodstain analysis
1:17:58 > 1:18:00use to analyse crime scenes?
1:18:00 > 1:18:01No, sir.
1:18:10 > 1:18:14Happy birthday.
1:18:30 > 1:18:32I'm glad you were able to finally get here.
1:18:43 > 1:18:44Can't shake hands.
1:18:55 > 1:18:57Remain seated, come to order, court is back in session.
1:19:03 > 1:19:05Could you please state your name
1:19:05 > 1:19:08and spell your last name for the court reporter, please?
1:19:08 > 1:19:12Ronald Thomas Guerette. G-U-E-R-E-T-T-E.
1:19:12 > 1:19:14Before becoming a private investigator,
1:19:14 > 1:19:16what was your profession?
1:19:16 > 1:19:21I was a police officer in Colorado for a couple years.
1:19:21 > 1:19:25Then I was a police officer in Charlotte for about ten years.
1:19:25 > 1:19:27When did you first get involved in the case
1:19:27 > 1:19:29State vs Michael Peterson?
1:19:29 > 1:19:32About a week after December the 9th.
1:19:32 > 1:19:34Of what year?
1:19:34 > 1:19:38- Umm, ten years ago.- 2001?- 2001.
1:19:38 > 1:19:42In connection with this hearing, did you review
1:19:42 > 1:19:44all of the discovery that was provided
1:19:44 > 1:19:48by the state of North Carolina in response to the orders
1:19:48 > 1:19:50- that were issued by Judge Hudson? - I did.
1:19:50 > 1:19:54Well over 100,000 pages, many, many CDs, and disks, and...
1:19:54 > 1:19:57- And you reviewed all of that?- Unfortunately.
1:19:57 > 1:20:03All right. Did you review some reports that Duane Deaver
1:20:03 > 1:20:06- either authored or was mentioned in? - Yes, sir.
1:20:10 > 1:20:15On how many cases of bloodstain pattern analysis or evaluations
1:20:15 > 1:20:17have you actually worked?
1:20:17 > 1:20:21I don't know for sure, but it would be somewhere around 200
1:20:21 > 1:20:24that I have written reports on myself. Now, that doesn't include
1:20:24 > 1:20:28the number of cases that I have looked at as part of my training.
1:20:28 > 1:20:31And I continue to provide help to others who are in training.
1:20:31 > 1:20:33I help them with their cases
1:20:33 > 1:20:35and I wouldn't necessarily write a report on that.
1:20:35 > 1:20:40Were you able to compare the results of your analysis
1:20:40 > 1:20:44of the reports that he wrote with his testimony?
1:20:44 > 1:20:45Yes, I was.
1:20:47 > 1:20:53How many cases were there in total in which Agent Deaver just
1:20:53 > 1:21:00observed bloodstains, either at the scene, at the SBI laboratory,
1:21:00 > 1:21:03- or by looking at photos?- Only 54.
1:21:03 > 1:21:06In how many of those cases did Agent Deaver provide
1:21:06 > 1:21:10- a bloodstain pattern analysis opinion?- 36.
1:21:10 > 1:21:16In how many of those cases did Agent Deaver actually go to the scene
1:21:16 > 1:21:19- of an event?- Well, he went to 17 different scenes
1:21:19 > 1:21:22between 1987 and 2003.
1:21:22 > 1:21:28How many cases were there in which Agent Deaver performed tests
1:21:28 > 1:21:32or experiments before the Peterson case?
1:21:32 > 1:21:34Three. Only three.
1:21:34 > 1:21:38What was the date of the last experiment
1:21:38 > 1:21:43that Agent Deaver conducted on his own before the Peterson case?
1:21:43 > 1:21:48Back in 1991. 11 years before.
1:21:48 > 1:21:50How many cases were there in which Agent Deaver,
1:21:50 > 1:21:55before the Peterson case, found a precise point of impact?
1:21:55 > 1:21:56Zero.
1:21:56 > 1:21:59I think Agent Deaver also gave some testimony about falls
1:21:59 > 1:22:01and investigating falls, correct?
1:22:01 > 1:22:04That is correct...and stairs.
1:22:04 > 1:22:09Have you ever analysed bloodstain evidence from a situation
1:22:09 > 1:22:11that was known to be a fall?
1:22:14 > 1:22:19Well...yes, I have been to, probably, about 15 times
1:22:19 > 1:22:23where it was reported that a fall had occurred.
1:22:24 > 1:22:27Probably five or six of those times I was in agreement
1:22:27 > 1:22:31that a fall was involved. The rest of the those, I was not in agreement
1:22:31 > 1:22:34that a fall was involved or created the spatters,
1:22:34 > 1:22:37the patterns, that were seen there.
1:22:38 > 1:22:43Mr Guerette, how many of Agent Deaver's cases did you find
1:22:43 > 1:22:48in which he had gone to the scene of a fall to analyse it in some way?
1:22:48 > 1:22:52Well, I checked every word on every page in these documents
1:22:52 > 1:22:55and the word "falls" never occurred.
1:22:56 > 1:22:59- That's all I have, your honour. Thank you.- You can come down.
1:23:21 > 1:23:25Hey! Good to see - oh! Look at those teeth!
1:23:25 > 1:23:29So are you alive, or what? Are you alive?
1:23:29 > 1:23:33You've been hobbling around all day. Let's see you move!
1:23:35 > 1:23:39- It looks like it's going well, really well.- It really is.
1:23:39 > 1:23:44Yeah, it really is. I mean, you never know, of course,
1:23:44 > 1:23:48but I would think he'll rule in my favour.
1:23:48 > 1:23:50Freaking...that would be amazing, right?
1:23:50 > 1:23:52No! it's supposed to be the way it's supposed to be.
1:23:52 > 1:23:56- Either way, it's amazing. - Well, here it is!
1:23:56 > 1:24:03So with any kind of luck I'll be out of here, you know... soon.
1:24:03 > 1:24:06Obviously that's what we're all hoping for,
1:24:06 > 1:24:11- but it would be so amazing for that to happen.- I know. I know.
1:24:11 > 1:24:15Yesterday, there were around 217 articles
1:24:15 > 1:24:19- from local papers to the Washington Post.- On what?
1:24:19 > 1:24:22And they're just basically talking about how all the experts
1:24:22 > 1:24:25are discrediting Deaver.
1:24:25 > 1:24:29But he really did convict me with his points of origin
1:24:29 > 1:24:33and "the head had to be right here, and so therefore,
1:24:33 > 1:24:39"if the head's right here, all the blood must have hit out there."
1:24:39 > 1:24:42- And that's just bullshit. - Well, it's so convincing, right?
1:24:42 > 1:24:46For him to get so specific and say that it happened here, there,
1:24:46 > 1:24:49- and there. - Oh yeah, there's no question.
1:24:49 > 1:24:52And the thing with the shorts and the tennis shoes and
1:24:52 > 1:24:56what David picked up and I had missed also the second time
1:24:56 > 1:25:01was the first-degree murder charge premeditation only came
1:25:01 > 1:25:02because of Deaver.
1:25:03 > 1:25:06Enough about me. We've all seen me. I'm sick of me.
1:25:06 > 1:25:08Tell me about you, kid.
1:25:08 > 1:25:10Man, my life has changed night and day.
1:25:10 > 1:25:15I've got this best friend, this girl named Jasmine,
1:25:15 > 1:25:18- and she's lived there for... - I'm going to have to come closer.
1:25:18 > 1:25:23- I can't hear. - Yeah so, you want to stand up?
1:25:23 > 1:25:28- You can stand up.- Sit down. - They're making too much damn noise.
1:25:28 > 1:25:31Can't you hear that shit down there?
1:25:31 > 1:25:34It's buffered, it's buffered.
1:25:34 > 1:25:37It's coming in my ear. What the fuck are they doing?
1:25:39 > 1:25:42Well, when am I going to become a grandfather again?
1:25:42 > 1:25:45I'm working on it - very hard, I'll have you know.
1:25:45 > 1:25:47- I'm working on it, hard.- Good!
1:25:47 > 1:25:49- Yessir.- Time's up, sir.
1:25:49 > 1:25:51OK. I got to go.
1:25:51 > 1:25:56OK. I love you very much, Dad, and put 'er there.
1:25:56 > 1:25:59I love you and I'm so glad to see you again.
1:25:59 > 1:26:01I'll see you, I'll see you, all right.
1:26:45 > 1:26:50Not to jump the gun in any way, but we wanna try to be prepared,
1:26:50 > 1:26:52just in case this goes our way.
1:26:52 > 1:26:57- Which I don't know is going to happen.- I understand. I understand.
1:26:57 > 1:27:01But anyway, so, we've put together about 300,000 worth
1:27:01 > 1:27:05of property - actually a little bit more than that,
1:27:05 > 1:27:09but enough property that will secure a 300,000 bond.
1:27:09 > 1:27:13Kerry has checked into electronic monitoring,
1:27:13 > 1:27:17Joan Miner has agreed to allow you to stay there
1:27:17 > 1:27:20- for as long as you need to. - All right.
1:27:20 > 1:27:23And I need to talk with her to ask her if she's also willing
1:27:23 > 1:27:27to be a third party custodian, which simply means,
1:27:27 > 1:27:33if you don't come home one night, not only would the monitor go off,
1:27:33 > 1:27:39but she would call the sheriff and say, "Hey, he's not here."
1:27:39 > 1:27:41- All right? - What do you think? Seriously?
1:27:43 > 1:27:48I think the same thing I thought before the verdict came in back then.
1:27:48 > 1:27:53- OK. All right.- I mean, what can I say?
1:27:53 > 1:27:56And... We'll finish it today.
1:27:56 > 1:27:59- OK.- All right. Hang in there.
1:28:01 > 1:28:04- Goodbye.- Thank you, David.
1:28:09 > 1:28:14I feel like I'm coming out the other side of a really dark tunnel
1:28:14 > 1:28:19that I've been in with regard to this case, and it's different.
1:28:19 > 1:28:22I don't think anything will ever heal.
1:28:23 > 1:28:29What I felt when that jury came back in October of 2003...
1:28:32 > 1:28:38..it was as devastating a moment as I've ever had professionally.
1:28:38 > 1:28:40So that won't heal. That won't go away.
1:28:43 > 1:28:50But I do feel like a weight has sort of been lifted a little bit,
1:28:50 > 1:28:53if we get a new trial.
1:28:53 > 1:28:59If we don't get a new trial, I will feel crushed all over again.
1:29:00 > 1:29:04So there's a part of me that's very scared
1:29:04 > 1:29:06about what's going to happen,
1:29:06 > 1:29:09because I don't want to be crushed again.
1:29:09 > 1:29:12The state and this honourable court, please be seated.
1:29:17 > 1:29:21Judge Hudson, what do we know now that we didn't
1:29:21 > 1:29:25and couldn't have known in 2003?
1:29:25 > 1:29:28We know Duane Deaver misled the court
1:29:28 > 1:29:30and the jury about his training and experience.
1:29:30 > 1:29:34That he misled the court and the jury about points of impact,
1:29:34 > 1:29:37that he misled the court and the jury about the experiments.
1:29:37 > 1:29:41That he had a pattern and practice of having a strong bias for the
1:29:41 > 1:29:46state, writing misleading reports and giving misleading testimony.
1:29:47 > 1:29:52You had indicated that you had worked 200 cases
1:29:52 > 1:29:55and that you had been involved in roughly 500 cases.
1:29:57 > 1:29:58Yeah, that was an estimate.
1:29:58 > 1:30:02Let's give Agent Deaver the benefit of the doubt and just put
1:30:02 > 1:30:07aside the 300 he claimed he did, which there's no reports for.
1:30:07 > 1:30:10What about the 200 he claimed he did reports for?
1:30:11 > 1:30:13That was a lie.
1:30:14 > 1:30:16There's no nicer way to say it.
1:30:17 > 1:30:18He lied.
1:30:18 > 1:30:22He only went to 17 scenes total
1:30:22 > 1:30:27and none of those involved a fall.
1:30:28 > 1:30:30Not a single one.
1:30:31 > 1:30:35I have no doubt that a source of blood was out there and that it
1:30:35 > 1:30:39was impacted creating those and that they are not on a surface.
1:30:39 > 1:30:44Mr Deaver brings a sort of new meaning to the phrase "often wrong,
1:30:44 > 1:30:45but never in doubt."
1:30:47 > 1:30:52He testified that way, as the court I'm sure will remember,
1:30:52 > 1:30:55all the way through this trial.
1:30:55 > 1:30:57On and on and on.
1:30:57 > 1:31:01We didn't know at the time that he had left out of all his lab reports
1:31:01 > 1:31:04negative confirmatory results.
1:31:04 > 1:31:08And the reason he didn't put those negative confirmatory tests
1:31:08 > 1:31:11in was because he didn't want the defence to have it,
1:31:11 > 1:31:17because they might "confuse" the jury by pointing out the truth.
1:31:17 > 1:31:19He wasn't just an expert.
1:31:19 > 1:31:24He actually became an advocate for the guilt of the people
1:31:24 > 1:31:26whose cases he worked on.
1:31:26 > 1:31:29He did it in Mr Peterson's case,
1:31:29 > 1:31:34and we know he did it in Greg Taylor's case back in 1991.
1:31:34 > 1:31:36Not only does he do testing that's not
1:31:36 > 1:31:41accepted by anyone in the field, but then with regard to
1:31:41 > 1:31:48one of the critical opinions that he gives, he bases it entirely
1:31:48 > 1:31:51on this testing,
1:31:51 > 1:31:53and testifies to the jury that that's what proves
1:31:53 > 1:31:58Michael Peterson was there in the stairway, hitting Kathleen.
1:32:00 > 1:32:03You relied on these experiments in reaching your opinions, did you not?
1:32:03 > 1:32:05Yes, I did.
1:32:05 > 1:32:08As a matter of fact there were several opinions that you've
1:32:08 > 1:32:11testified to in front of this jury that you wouldn't have
1:32:11 > 1:32:13testified to without those experiments. Correct?
1:32:19 > 1:32:21Uh, yes.
1:32:21 > 1:32:25For example, your opinion about the cause of the spatter inside
1:32:25 > 1:32:27of Mr Peterson's shorts.
1:32:27 > 1:32:28That was an opinion
1:32:28 > 1:32:31you wouldn't have given without the experiments, right?
1:32:31 > 1:32:32Yes.
1:32:32 > 1:32:37It all boils back to his ridiculous experiment,
1:32:37 > 1:32:40and the little victory dance that Susie Barker did
1:32:40 > 1:32:43when he finally was able to get it into his shorts.
1:32:51 > 1:32:56That's the critical testimony that basically says it's a beating
1:32:56 > 1:32:58and Michael Peterson committed it.
1:32:58 > 1:33:01And there is no other evidence in this trial,
1:33:01 > 1:33:05Deborah Radisch included, who could ever say it was Michael Peterson.
1:33:07 > 1:33:10It's not just new evidence, your honour, it violates
1:33:10 > 1:33:13Mr Peterson's constitutional right to due process.
1:33:13 > 1:33:18You have a right not to be tried with fabricated evidence
1:33:18 > 1:33:20and that's what happened in this case.
1:33:21 > 1:33:24I'm therefore going to ask the court at this time,
1:33:24 > 1:33:29as hard as that is, given the length of this trial,
1:33:29 > 1:33:32to grant Michael Peterson a trial
1:33:32 > 1:33:37at which the evidence can be presented in a fair way,
1:33:37 > 1:33:42in an unbiased way, and then let a jury of 12 sort it out.
1:33:43 > 1:33:44Thank you, Your Honour.
1:33:44 > 1:33:47One of the most important things about the criminal justice
1:33:47 > 1:33:50system is the verdict of the jury.
1:33:51 > 1:33:53I would ask the court by looking at the record,
1:33:53 > 1:33:57what is the newly discovered evidence?
1:33:57 > 1:33:59There is no newly discovered evidence.
1:33:59 > 1:34:03The same old, same old, same old thing.
1:34:03 > 1:34:08The defendant must show this court that had they gotten all this
1:34:08 > 1:34:12information, that the jury would have decided differently.
1:34:12 > 1:34:17The blood spatter, the blood patterns, the wiping of the blood
1:34:17 > 1:34:22off the wall, blood drops, spatter on shoes,
1:34:22 > 1:34:25spatter inside of pants.
1:34:25 > 1:34:29When you look at the injuries to her head,
1:34:29 > 1:34:34when you look at how she laid in that stairwell, when you look
1:34:34 > 1:34:41at the sweatpants with a footprint on the back of her leg and when the
1:34:41 > 1:34:45medical examiner testified, based on her training and experience, and now
1:34:45 > 1:34:49she's a chief medical examiner, that this was not an accident.
1:34:50 > 1:34:53How in the world would a jury find it different,
1:34:53 > 1:34:56because Mr Deaver, a reasonable doubt,
1:34:56 > 1:34:59is reason based on common, everyday sense.
1:35:01 > 1:35:06It does not take a rocket scientist to look at Kathleen Peterson,
1:35:06 > 1:35:10the back of her head, the blood every which way,
1:35:10 > 1:35:14way up in the air, on the ceiling and say that that was an accident?
1:35:17 > 1:35:19Judge, I'd ask that you follow the outline
1:35:19 > 1:35:20of North Carolina Supreme Court
1:35:20 > 1:35:23and North Carolina Court of Appeals and uphold this righteous verdict.
1:35:25 > 1:35:26Thank you, Your Honour.
1:35:37 > 1:35:38All right.
1:35:38 > 1:35:44Has Mr Peterson proven that Duane Deaver misled the court
1:35:44 > 1:35:47into allowing him to express certain opinions
1:35:47 > 1:35:49that you put up on the board?
1:35:49 > 1:35:53The answer to that question is yes.
1:35:54 > 1:35:58Has Peterson proven that Duane Deaver misled
1:35:58 > 1:36:02the jury about the validity of certain of his arguments?
1:36:02 > 1:36:05The answer to that question is yes.
1:36:06 > 1:36:11Was Deaver's false and misleading testimony material?
1:36:11 > 1:36:14The answer to that question is yes.
1:36:15 > 1:36:20Is a new trial required for newly discovered evidence,
1:36:20 > 1:36:26due process violations, and for perjured testimony?
1:36:26 > 1:36:29The answer to those questions is yes.
1:36:31 > 1:36:35It will be the court's order that Mr Peterson receive a new trial.
1:36:38 > 1:36:41- About time, ain't it? - It's fine.- Thank you.
1:37:22 > 1:37:24What do you mean "now"?
1:37:29 > 1:37:31It's impossible to say what happened,
1:37:31 > 1:37:34but I know my father didn't kill Kathleen.
1:37:35 > 1:37:39I loved Kathleen more than anything, but he didn't do it.
1:37:39 > 1:37:41He told me and I know it. I believe that in my heart.
1:37:41 > 1:37:42Thanks.
1:37:53 > 1:37:57- Honest to God, thank you so much. - You're welcome.- I appreciate it.
1:37:58 > 1:38:01This was fantastic. I'll be crying a while.
1:38:02 > 1:38:05- Well, Michael.- That was quick. I did not believe that.
1:38:09 > 1:38:12You know I told you when I went to visit you the first time after the
1:38:12 > 1:38:16- verdict how devastated I was by that.- I know.
1:38:17 > 1:38:21You also told me it might be harder on you than me and I told you, "Wait
1:38:21 > 1:38:26a minute, you're leaving in your goddamn BMW and I'm going back..."
1:38:26 > 1:38:28I understand, but having said that,
1:38:28 > 1:38:30this has weighed on me for eight years.
1:38:30 > 1:38:33I know it has. I'm so happy.
1:38:33 > 1:38:37Jesus Christ. Eight years.
1:38:37 > 1:38:39I told your kids, "I'm getting tired of this.
1:38:39 > 1:38:42He gets convicted and you guys cry.
1:38:42 > 1:38:45He gets a new trial and you guys still cry."
1:38:45 > 1:38:47We're a very emotional family.
1:38:47 > 1:38:50Now my goal is to walk you out of this courthouse this afternoon.
1:38:50 > 1:38:53We'll see if we can do that. We'll try.
1:38:53 > 1:38:55Oh god, that would be wonderful.
1:38:55 > 1:38:58We might have to carry you, but we'll do it.
1:38:58 > 1:39:00No, I'm much better now.
1:39:00 > 1:39:03I suspect that some of that was just stress.
1:39:03 > 1:39:06Oh, do you think?
1:39:06 > 1:39:11What, my high blood pressure? Yeah. OK. All right. Thank you. Thank you.
1:39:11 > 1:39:15All right, you can relax now. Enjoy your gourmet lunch.
1:39:16 > 1:39:19- Let's see.- Oh, fuck it.
1:39:19 > 1:39:21All right. We'll see you at 2:30.
1:39:21 > 1:39:25OK? Thank you, David. And you too, Ron.
1:39:37 > 1:39:44I have kept everything inside me for years, and years, and years.
1:39:44 > 1:39:46I think I could go on a roll now.
1:39:47 > 1:39:50And I could cry about Kathleen, and cry about my mother,
1:39:50 > 1:39:52cry about my father.
1:39:52 > 1:39:58I could cry about Margaret and Martha, Clay and Todd.
1:39:58 > 1:40:02Oh, all the things we've all gone through and suffered.
1:40:03 > 1:40:10It was just this ocean of tears inside me, and...oh.
1:40:12 > 1:40:14HE EXHALES
1:40:14 > 1:40:16I don't know, I just want to breathe.
1:40:39 > 1:40:42We went to the gas station today, and Margaret and Martha were
1:40:42 > 1:40:46on the front page of the newspaper, right, but in a good way this time.
1:40:47 > 1:40:51So we had Margaret hold up the newspaper in the middle
1:40:51 > 1:40:52of a public location.
1:40:52 > 1:40:55Like, come on, Margaret, take a photo!
1:40:55 > 1:40:57Something we would have never done before.
1:40:57 > 1:41:00There were a number of people who came up, like the photographer,
1:41:00 > 1:41:01that's like, "I work for a newspaper,
1:41:01 > 1:41:04I'm not allowed to have an opinion, but I'm really happy for you!"
1:41:04 > 1:41:07So many times!
1:41:07 > 1:41:08Just walking around Durham,
1:41:08 > 1:41:11it's like you feel that label of Peterson over your head.
1:41:13 > 1:41:15You're concerned that people look at you a certain way,
1:41:15 > 1:41:18but like for the first time I was like standing up, walking around,
1:41:18 > 1:41:19I was like, "Peterson, yeah!"
1:41:19 > 1:41:21It feels good to be in Durham now.
1:41:23 > 1:41:28We went to the cemetery today. It was beautiful.
1:41:28 > 1:41:32Yeah, it was gorgeous, the beautiful tree, the roses.
1:41:32 > 1:41:34The rose bush, that's great!
1:41:34 > 1:41:36It was really different this time.
1:41:36 > 1:41:40I mean, it was sad, but it was also amazing.
1:41:40 > 1:41:41Yeah, to have that...
1:41:43 > 1:41:46..because it's so fresh, the memory of her death
1:41:46 > 1:41:48and the funeral,
1:41:48 > 1:41:55but to go there with this new feeling was pretty remarkable.
1:41:56 > 1:41:57Yeah.
1:42:17 > 1:42:18- Nine-86.- Nine-86.
1:43:16 > 1:43:18This one is shut right here.
1:43:18 > 1:43:21- It might be in that bag. - I've got you.
1:43:21 > 1:43:23And a shoe lace for the tennis shoes.
1:43:23 > 1:43:25- Shoe laces are in the bag over there.- OK.
1:45:28 > 1:45:31I've waited over eight years,
1:45:31 > 1:45:342,988 days, as a matter of fact,
1:45:34 > 1:45:39and I counted, for the opportunity to have a retrial.
1:45:39 > 1:45:44I want to thank Judge Hudson for giving me that opportunity so that
1:45:44 > 1:45:49I can vindicate myself and prove my innocence in a fair trial this time.
1:45:50 > 1:45:53I want to thank all the people who have supported me
1:45:53 > 1:45:55from all over the world.
1:45:58 > 1:46:00It's impossible for me to express my gratitude.
1:46:00 > 1:46:04What I want to do now though is to spend time with my family,
1:46:04 > 1:46:06and with my children,
1:46:06 > 1:46:09and certainly, at a later time,
1:46:09 > 1:46:13I'd be happy to talk with everybody and share more.
1:46:13 > 1:46:15Thank you very, very much.
1:46:15 > 1:46:19Mr Peterson, what's the first thing you plan to do tonight?
1:46:37 > 1:46:40So I'm interested in how much buzzing this, erm...?
1:46:40 > 1:46:42It'll keep you up all night.
1:46:44 > 1:46:47I can honestly say I tried it and the only time it buzzed,
1:46:47 > 1:46:49the transmitter buzzed when I needed to charge it,
1:46:49 > 1:46:50- because I forgot to plug it in. - Oh, OK.
1:46:50 > 1:46:54Mr Peterson, this paperwork pretty much says that this is
1:46:54 > 1:46:57electronic monitoring equipment that belongs to Michael King's company,
1:46:57 > 1:46:58Reliant Monitoring.
1:46:58 > 1:47:00We will make you a copy and make sure...
1:47:00 > 1:47:02- What is today? 12/15? - Today is 12/15.
1:47:09 > 1:47:11I'll be able to finally become a Buddhist!
1:47:16 > 1:47:20- Spoiled already! - Oh, he's a momma's boy.- All right!
1:47:20 > 1:47:22We'll change that. We'll change that.
1:47:27 > 1:47:30You guys both ended up momma's boys too, right?
1:47:30 > 1:47:31Only this guy right here.
1:47:35 > 1:47:37- Well, champagne.- Some champagne.
1:47:44 > 1:47:49I cannot tell you how much I appreciate what you all have done,
1:47:49 > 1:47:54and how long you have fought and stayed by my side.
1:47:54 > 1:47:56So, to you!
1:47:57 > 1:48:03Thank you. Thank you. Thank you. Thank you, guys. Thank you.
1:48:03 > 1:48:05Thank you, and then a second toast, to the family -
1:48:05 > 1:48:08Margaret, Martha, Clay, everybody else.
1:48:08 > 1:48:10You guys just took this so well.
1:48:10 > 1:48:12You were in there. You were suffering.
1:48:12 > 1:48:14But there's a lot of emotional anguish
1:48:14 > 1:48:16and mental anguish that we had too.
1:48:17 > 1:48:21You guys were just incredible, your emotional spirits never wavered,
1:48:21 > 1:48:23so, cheers to you, guys.
1:48:23 > 1:48:26- La familia!- La familia!
1:48:26 > 1:48:31- Hear, hear! Sante!- Cin cin! - Sante!- Sante!
1:49:03 > 1:49:08I can't share my experience for the last eight years with anybody.
1:49:08 > 1:49:09They wouldn't understand it.
1:49:09 > 1:49:12They have no way of knowing what that means.
1:49:12 > 1:49:15I could say, "Well, I was locked away for eight years
1:49:15 > 1:49:17and I didn't have any privacy or any freedom.
1:49:17 > 1:49:18I was in prison for eight years."
1:49:18 > 1:49:20People could say, "Oh, you were
1:49:20 > 1:49:23in prison for eight years, that must have been terrible!"
1:49:23 > 1:49:25Yeah, it was,
1:49:25 > 1:49:32but you have no real understanding of that, and I can't tell you that.
1:49:32 > 1:49:35No matter what I tell you can make you understand and realize that,
1:49:35 > 1:49:38and so therefore your world
1:49:38 > 1:49:42is very different from everybody else's world.
1:49:44 > 1:49:49I wanted to come back to who I was, but I can't,
1:49:49 > 1:49:56so I'm still working about me in this world out there.
1:49:56 > 1:49:58Then with the realization also,
1:49:58 > 1:50:00"Oh, don't ever forget, Mike,
1:50:00 > 1:50:03they're trying to send you back there."
1:50:03 > 1:50:07"They still think that you're guilty, many of them.
1:50:07 > 1:50:09They want you to go back there for the rest of your life.
1:50:09 > 1:50:11They want you to die in prison."
1:50:11 > 1:50:16So while you're trying to move along, always on your shoulder
1:50:16 > 1:50:20is this heavy burden
1:50:20 > 1:50:23or, in my case, on my foot is a monitoring device.
1:50:25 > 1:50:29- David!- How are you, sir?- Good. Fine, fine, fine.
1:50:29 > 1:50:30Have you shrunk a little?
1:50:30 > 1:50:32I'm still taller than you are,
1:50:32 > 1:50:35I don't care how much I've goddamn shrank!
1:50:35 > 1:50:38- You look better than the last time I saw you.- Well, no kidding.
1:50:38 > 1:50:41If I was any worse, I'd be out there in Maplewood!
1:50:41 > 1:50:43Nothing much is going to happen in your case, no matter
1:50:43 > 1:50:47what, for the rest of this year.
1:50:47 > 1:50:52After that, depending on what the Attorney General's office
1:50:52 > 1:50:55decides, what the Court of Appeals decides,
1:50:55 > 1:51:00we could be back putting it on the docket for trial sometime next year.
1:51:01 > 1:51:06Then of course, the question becomes, do you want to retry this case?
1:51:06 > 1:51:09Or do you want to see
1:51:09 > 1:51:12if some sort of a resolution can be negotiated,
1:51:12 > 1:51:15and there's lot's of different ways to do that.
1:51:15 > 1:51:18There's a no-contest plea, where you simply are saying,
1:51:18 > 1:51:20"I'm not going to contest this".
1:51:20 > 1:51:25There's an Alford plea where you basically say, "I'm pleading
1:51:25 > 1:51:28guilty, but I'm not pleading guilty because I'm guilty, I'm pleading
1:51:28 > 1:51:31guilty because I don't want to go through another trial."
1:51:31 > 1:51:34I know guys in prison who have taken an Alford Plea
1:51:34 > 1:51:38and said, basically, "Fuck it. I don't want to go on any further.
1:51:38 > 1:51:40Let's end this damn thing right now."
1:51:40 > 1:51:43But what that means is, you're guilty.
1:51:43 > 1:51:46- I mean, on the record, you're guilty.- On the record, you're guilty.
1:51:46 > 1:51:48Is there any way to do it, "I'm not guilty,
1:51:48 > 1:51:51I don't care about any money, I don't care about whatever."
1:51:51 > 1:51:53I mean, I'm going to go on with what you say on this.
1:51:53 > 1:51:57Could the DA decide that he's just going to drop it?
1:51:57 > 1:52:00He could, but I don't think he's going to do that.
1:52:00 > 1:52:04So, realistically speaking, the only three options are
1:52:04 > 1:52:08a no-contest plea, Alford plea, or go to trial.
1:52:08 > 1:52:10Even going to trial doesn't guarantee innocence.
1:52:10 > 1:52:11Oh, no, but it gives me an option.
1:52:11 > 1:52:15The other two, there's no option. You're basically guilty.
1:52:15 > 1:52:19You see the whole thing is, I didn't do it, so why would I even do this?
1:52:19 > 1:52:24I think we don't need to discuss that today.
1:52:26 > 1:52:29I mean, this isn't going to be until maybe the middle of next year?
1:52:29 > 1:52:33- At least.- At least?- Nothing's going to happen quickly here.
1:52:33 > 1:52:35Jesus. OK. All right.
1:53:00 > 1:53:03I can remember when I was a very young man,
1:53:03 > 1:53:08I said, "I'm going to live a life with as few regrets as possible."
1:53:08 > 1:53:11And now I'm getting to be a pretty old man.
1:53:11 > 1:53:15And I look back and, oh, Lord, do I have some regrets.
1:53:15 > 1:53:20I wish I'd done that differently. I wish I hadn't done that.
1:53:20 > 1:53:21Yes, it's filled with regrets.
1:53:23 > 1:53:28But in the balance, I've got these wonderful children.
1:53:30 > 1:53:33I had a wonderful relationship with Kathleen.
1:53:33 > 1:53:35I was loved and I loved.
1:53:36 > 1:53:38And I still do.
1:53:38 > 1:53:42And I guess that's about the best you can say about a person.
1:53:44 > 1:53:48Their capacity to love, and mine is infinite.
1:53:48 > 1:53:51Honestly, it gets bigger all the time.
1:53:52 > 1:53:56I can look at my children and think, "Yeah, they love me."
1:53:58 > 1:54:00What else do you want?
1:55:21 > 1:55:24- Did you plant the roses? - No, I didn't.
1:55:30 > 1:55:31- I can get this one.- OK.
1:55:33 > 1:55:34Here.
1:56:10 > 1:56:11Ten years later.
1:56:12 > 1:56:14I know.
1:56:15 > 1:56:16I know.
1:56:16 > 1:56:17Still hurts.
1:56:19 > 1:56:20It'll always hurt.
1:56:20 > 1:56:21It'll never go away, ever.
1:56:21 > 1:56:23No, it never, never goes away.
1:56:26 > 1:56:27You never forget.
1:56:30 > 1:56:32Always pain, always pain.
1:56:39 > 1:56:41Come on, dear, let's go.
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