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PHOTOGRAPHS, PEOPLE'S 54?
>> YES.
>> THANK YOU.
>> WE HAVE A GUEST JOINING US
NOW TO TALK ABOUT THIS TRIAL.
DAVID SWARTZ IS A CRIMINAL
DEFENSE ATTORNEY AND FORMER
PROSECUTOR.
DAVID, ALWAYS GREAT TO SEE YOU.
>> HI LISA, HI VINNIE.
>> HI, DAVID.
LET'S TALK ABOUT THE MEDICAL
EXAMINER AND SPECIFICALLY THIS
MISSING EVIDENCE, A CHIPPED
PIECE OF FINGERNAIL THAT MAY
HAVE BEEN FOUND AT THE CRIME
SCENE, SECRETED, HIDDEN,
DESTROYED, NOT TURNED OVER BY
DR. HENRY LEE ACCORDING TO THE
JUDGE.
THERE MAY BE A PIECE OF TOOTH
THAT WAS FOUND BY PROSECUTION OR
LAW ENFORCEMENT, DOCUMENT AND
DISAPPEARED.
HOW IS THAT GOING TO SHEIK SHAKE
OUT IN THE JURY DELIBERATIONS?
>> I THEIR THE PROSECUTION
BETTER WATCH THEMSELVES HERE,
THEY'RE GOING TO SPEND A LOT OF
TIME ON THE TOOTH AND
FINGERNAIL, BUT YOU KNOW WHAT?
THE JURY HAS GOT TO ASK
THEMSELVES AND I'M SURE THE
DEFENSE WILL HELP THEM ASK
THEMSELVES WHY DIDN'T THE
PROSECUTION FIND THE FINGERNAIL
IN THE FIRST PLACE?
>> BECAUSE THEY'RE HURCHLGTS
THEY'RE GOING TO ARGUE THEY'RE
INCOMPETENT.
HOW DOES THIS HELP THE
PROSECUTION BESIDES DISCREDITING
HENRY LEE, WHICH IN THE END I'M
NOT SO SURE, HENRY LEE IS NOT
GOING TO ADMIT TO TAKING THE
FINGERNAIL.
THE EVIDENCE WILL BE SKETCHY AS
TO WHERE THAT FINGERNAIL WENT.
IN THE END, I THINK IT'S A WASH,
I DON'T THINK IT'S GOING TO
DISCREDIT SOMEONE OF THE STATUS
OF HENRY LEE.
AND HOW DOES IT HELP THE
PROSECUTION IN THE END?
IT ONLY SHOWS.
>> I THINK IT'S GOING TO HELP
THE DEFENSE, I THINK HE'S RIGHT,
VINNIE BECAUSE THE DEFENSE IS
ALL ABOUT SCIENCE IN THIS CASE
AND IF THE PROSECUTION DOESN'T
HAVE THE SCIENCE ON THEIR SIDE
BECAUSE EVIDENCE HAS BEEN
MISSING, EVIDENCE HAS BEEN
DESTROYED, BY EITHER SIDE.
LOOK, THE PROSECUTION HAS THE
BURDEN OF PROOF F THEY DON'T
HAVE THE EVIDENCE, THIS COULD
VERY WELL A DEFENSE VERDICT.
>> AS PROSECUTOR, I DON'T LIKE
GOING DOWN THE ROAD WHERE
THERE'S EVIDENCE THAT WE LOST A
TOOTH, NEVER FOUND THE
FINGERNAIL, AND THEY FOUND
SOMETHING WE COULDN'T FIND.
BASICALLY ADMITTING
INCOMPETENCE, I DON'T LIKE THAT
FROM A PROSECUTION STANDPOINT.
I DON'T THINK THEY SHOULD GO
DOWN THAT ROAD.
HERE'S THE OTHER THING ABOUT THE
FINGERNAIL, HOW DO WE EVEN KNOW
THAT IT WAS BROKEN THAT NIGHT AT
PHIL SP
IN, SPEND MONEY.
ALTHOUGH SHE WENT SHOE SHOPPING
THAT DAY SO SHE WAS GETTING HER
LOOK TOGETHER.
>> SEE, THIS WHOLE FINGERNAIL,
DAVID SWARTZ, I THINK YOU'RE
WITH ME ON THIS, THE
PROSECUTION'S OBSESSION WITH
THIS ISSUE, THEY'VE BEEN
OBSESSED WITH IT FOR YEARS
BECAUSE THEY BELIEVE THAT THE
DEFENSE HAS HIDDEN OR SEEK
CREATED A PIECE OF EVIDENCE AND
THEY THINK THAT'S HOW THEY'RE
GOING TO WIN THIS CASE.
>> I THINK THEY'RE OBSESSED WITH
THE HENRY LEE FACTOR, THEY KNOW
THAT HENRY LEE COULD WIN THE DAY
FOR THE DEFENSE AND THEY'RE
DOING ANYTHING TO DISCREDIT HIM
AT THIS POINT.
>> DON'T YOU THINK IT'S A BIG
DEAL THOUGH IF AN EXPERT AT A
CRIME SCENE FINDS A PIECE OF
EVIDENCE AND DOESN'T TURN IT
OVER.
>> BUT IT'S SPECULATIVE.
>> BUT THE JUDGE SAID IT
HAPPENED.
>> THE JUDGE SAID IT COULD COME
IN, IT'S ULTIMATELY UP TO THE
JURY TO DETERMINE WHETHER OR NOT
IT HAPPENED OR NOT.
THE JUDGE WASN'T THERE, I WASN'T
THERE, NOBODY WAS THERE.
>> WHY FIGHT THAT BATTLE?
>> WHY FIGHT IT?
>> THEY'VE GOT ADRIANNA DeSOUZA,
THEY'VE GOT THE GUN IN HIS HAND,
THEY'VE GOT A WOMAN WHO'S DEAD
IN THE FOYER WITH HER PURSE
UNDERNEATH HER SHOU
IS THAT
RIGHT?
>> YES, I DID.
>> ALL RIGHT, SO THEY LOST A
TOOTH.
IS THAT A BIG DEAL, DAVID
SWARTZ, THEY LOST A TOOTH?
>> NO, IT'S NOT A BIG DEAL.
>> MY SON JUST LOST A TOOTH A
FEW MONTHS AGO.
>> IT'S NOT A BIG DEAL BUT THE
DEFENSE CERTAINLY IS GOING TO
USE THAT IN CLOSING ARGUMENTS,
ALL THE DEFENSE HAS TO DO IS
BUILD UP REASONABLE DOUBT,
REASONABLE DOUBT, REASONABLE
DOUBT, AND IN THE END THEY'RE
GOING TO ARGUE TO THIS JURY,
THEY LOST EVIDENCE, YOU KNOW,
THEY'RE USING ALLIES THESE
ITEMS, THEY CAN'T FIND THE
EVIDENCE, THEY LOST IT, THEY
PICKED IT UP, THE VIAL BROKE,
WHAT DOES THAT EQUAL IN THE END,
IT QUALLS INCOMPETENCE BE AND
THAT'S CERTAINLY WHAT THE
DEFENSE IS GOING TO ARGUE.
ALONG WITH THE FACT THAT THE
PROSECUTION'S CASE MAY UP TO NOW
IS BASED ALL ON SPECULATION.
>> WELL, IT'S NOT SPECULATION.
>> IT'S ALL SPECULATION.
>> WELL, ADRIANO DeSOUZA DID SEE
PHIL SPECTOR A FEW MOMENTS AFTER
THE GUNSHOT GOES OFF HOLDING THE
GUN.
>> OKAY, SO HE GRABBED THE GUN.
BUT DeSOUZA WAS NOT IN THE ROOM
DURING THE SHOOTING.
>> ALL RIGHT.
>> I'M JUST SAYING ARE THEY
GOING TO PROVE.
>> ALSO, IF YOU BELIEVE ADRIANO
DeSOUZA, YES, IT'S AN ISSUE UP
IN THE AIR RIGHT NOW, BUT IF YOU
BELIEVE ADRIANO DeSOUZA, HE
AFTER THE GUNSHOT GOES OFF AND
HE COMES OUTSIDE HOLDING THE
GUN, HE DOES SAY KWSH KWSH "I
THINK I SHOT SOMEBODY,".
>> BUT THEN HE BACKTRACK ON THE
THAT, IT WAS SUCH A SHOCKING
SITUATION I'M NOT SURE HE KNOWS
WHAT HE SAID.
>> HE HAD BLOOD ON HIS HANDS,
TOO.
>> I'M JUST ARGUING WHAT THE
DEFENSE IS GOING TO ARGUE.
ALL THE WOMEN WHO CAME INTO
COURT AND TALK AND PHIL
SPECTOR'S HISTORY WITH GUNS,
THAT IS HIGHLY PREJUDICIAL AND
THAT MAY ACTUALLY WIN THE DAY
FOR THE PROSECUTION, BUT THE
SCIENCE HERE COULD DESTROY THEIR
CASE AND THE FINGERNAIL --
>> LET'S TALK MORE ABOUT THE
SCIENCE BECAUSE IT'S OBVIOUS
WHAT THE DEFENSE IS TRYING DO IS
TRYING TO DO A PREEMPTIVE
STRIKE, WE'RE GOING TO DESTROY
THE CREDIBILITY OF ONE OF YOUR
EXPERTS DEFENSE BEFORE HE EVEN
TAKES THE STAND.
BEFORE HE EVEN TAKES THE STAND.
WE'RE GOING TO TELL THE STORY OF
DR. HENRY LEE FINDING THIS PIECE
OF EVIDENCE THAT SUDDENLY
DISAPPEARS.
SO DR. HENRY LEE GETS ON THE
STAND AND SAYS IT NEVER
HAPPENED.
WHAT DOES THE JURY DO WITH THIS?
IS THE JURY GOING TO SIT DOWN
THE SAME WAY THIS JUDGE DID AND
FIGURE OUT WHETHER OR NOT THE
FEMALE LAWYER CAPLAN IS TELLING
THE TRUTH OR HENRY LEE IS
TELLING THE TRUTH?
WHAT ARE THEY GOING TO DO WITH
THAT?
ARE THEY GOING TO SAY, YOU NOAH?
WE CAN'T BELIEVE ANYTHING HENRY
LEE SAYS?
>> NO, I DON'T THINK SO.
AND AS A SIDE NOTE, ROBERT
SHAPIRO, THAT'S A COMPLETE
DISASTER, THERE ARE ETHICAL
CONSIDERATIONS HERE.
>> HE MIGHT BE TESTIFYING.
>> I KNOW THAT, VINNIE AND THERE
IS AN ATTORNEY/CLIENT PRIVILEGE
THAT LASTS WAY BEYOND YOU'RE
FIRED FROM A CASE.
THAT ATTORNEY/CLIENT PRIVIGE
IS SACRED.
I'M SORRY TO SIDETRACK ON THIS
ISSUE BUT IT DISTURBS ME SO MUCH
AS A CRIMINAL DEFENSE ATTORNEY,
SOMEBODY COMING OUT AGAINST
THEIR FORMER CLIENT AND ACTUALLY
GIVING EVIDENCE THAT COULD BE
HURTFUL TOWARDS THEIR CASE, NOW
GETTING BACK TO YOUR ORIGINAL
QUESTION, I THINK THE HENRY LEE
ISSUE IS GOING TO BE A WUSH.
I DON'T THINK THE JURY IS GOING
TO BASE THEIR DECISION ON
WHETHER OR NOT THEY THINK HENRY
LEE TOOK A FINGERNAIL FROM THE
CRIME SCENE OR NOT.
I THINK THE PROSECUTION HAS TO
GET BACK INTO PRESENTING THEIR
CASE AND THEY NEED TO PRESENT IT
EFFECTIVELY AND THEY NEED TO
PROVE BEYOND A REASONABLE DOUBT
THAT THIS MAN COMMITTED ***
AND WHETHER OR NOT HENRY LEE
TOOK A FINGERNAIL FROM THE CRIME
SCENE IS NOT GOING TO AID OR
ASSIST IN THEIR BURDEN AT ALL.