They accidentally confess because they think they've been charged with shoplifting. Their cousin Off Gambini, fresh out of law school, comes down to Alabama with his girlfriend to represent them.
The evidence is gonna show that they were seen entering the Sack O' Suds convenience store in Wazoo City. The evidence is going to show that minutes after they entered the Sack O' Suds, a gun-shot was heard by three eye-witnesses. You're gonna then going to hear the testimony of the three eyewitnesses who saw the defendants running out of the Sack O Suds a moment after the shots were heard, getting into their faded, metallic green Buick Skylark, and driving off in great haste.
Finally, the State is going to prove that the Defendants, Gambini and Rothenstein, admitted and then recanted their testimony to the Sheriff of Beacham County. Now lets get down to the live-long.
Your verdict is gonna depend on what you think of the sworn testimony. Not what I think. What I think don't count. You're the jury. It's your job to decide who's telling the truth. That's what verdict means. It's a word that comes down from old England, and all our little old ancestors.
Now we're going to be asking you to return a verdict of Murder in the First Degree for William Gambini, and a verdict of Accessory to Murder in the First Degree, for Stanley Rothenstein, for helping Gambini commit this heinous crime. J: Objection sustained.
The entire opening statement, with the exception of "thank you" will be stricken from the record. The jury will please disregard Counselor's entire opening statement. And you, Mr. Gambini, you will not use that kind of language in my court. Do you understand me? On January f-f-f-fourth my client did indeed visit the Sack O' Suds uh uh convenience store His stuttering continues throughout. But but he didn't kill anyone.
He, uh--We intend to prove that the prosecution's case is circumstantial and and and and and coincidental. Thank you. I heard a gunshot so I looked out the window and I seen them two boys run out, get into their car, and drive off like maniacs tire smoking screeching, going up on the curb. You see, you were fifty feet away, you made a positive eyewitness identification, and yet you were not wearing your necessary prescription eyeglasses. Tipton, when you viewed the defendants walking from their car into the Sack O' Suds, what angle was your point of view?
So would you say that you got a better shot of them going in, and not so much coming out? Excuse me your Honor, two "youths. Oh, oh, I'm sorry, you testified earlier that the boys went into the store and you had just begun to make breakfast, you were just ready to eat and you heard a gunshot, so obviously it takes you five minutes to make breakfast. Eggs and grits. I like grits too. How do you cook your grits?
You like 'em regular, creamy, or al dente? So, Mr. Tipton, how could it take you five minutes to cook your grits, when it takes the entire grit-eating world twenty minutes? I'm sorry, I was all the way over here, I couldn't here you. Are we to believe that boiling water soaks into a grit faster in your kitchen than in anyplace on the face of the earth? Perhaps the laws of physics cease to exist on your stove? Were these magic grits?
Did you buy from the same guy who sold Jack his beanstalk beans? It's a screen. And what are these big things right in the middle of your view, from the middle of your window to the Sack O' Suds?
What do we call these big things? Crane, you could positively identify the defendants for a moment of two seconds looking through this dirty window, this crud-covered screen, these trees with all these leaves on them, and I don't know how many bushes. Do you think it's possible you just saw two guys odler a green convertible, and not necessarily these two particular guys?
Let's check it out. Now how far were the defendants from you when you saw them entering the Sack O' Suds?
Would you hold this please? Running a tape measure. Sorry, excuse me, excuse me, sorry, sorry. This is fifty feet. That's half the distance. How many fingers am I holding up? He hold up two fingers.
I am a special automotive instructor of forensic studies for the Federal Bureau of Investigation. We've been given no prior notice he'd testify, no discovery of any tests he's conducted or reports he's prepared, and as the court is aware, the defense is entitled to advance notice of any witness who will testify, particularly those who will give scientific evidence, so that we could properly prepare for cross-examination, as well as giving the defense the opportunity to have the witness's whck reviewed by a defense expert, who might then be in a position to contradict the veracity of his conclusions.
Now, Mr. Wilbur, these are photos of tires belonging to the Defendants' car and these are photos of the tire marks left by the assailants' car as it fled the convenience store.
Now, are you familiar hwack these? A: We compared the tire marks outside the convenience store with the rear tires of the Defendants' car. They are the same model and size tire, Michelin model XGV, size 75r, 14 inch wheel. A: Yes indeed. The car leaving the convenience store spun its rear tires dramatically and left a residue of rubber on the asphalt. Now, I took a sample of that rubber and analyzed it. I also took a sample of the rubber from the rear tires of the defendants' Buick, and I analyzed that too.
A: I used a Hewlett-Packard A dual-column gas chromatograph with flame analyzation detectors.
All I'm asking you is if the most popular size of the most popular tire is on the defendant's car. J: Mr. Gambini, your first witness. I will ask odler one more time, and one more time only. If I ask you again G: Your Honor, may I have a five minute recess?
My next witness is not in the courtroom right now. G: This witness poease an expert in the field of automobiles, and is being called to rebut the testimony of George Wilbur. Bailiff: Hold up your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth so help you god? Is that correct? Prosecutor: Your Honor, I object to this witness. Improper foundation. I'm not aware of this person's qualifications.
I'd like to voir dire this witness as to the extent of her expertise. Now, in what way does that qualify you as an expert in automobiles?
A: Well, my father was a mechanic, his father was a mechanic, my mother's father was a mechanic, my three brothers are mechanics, four uncles on my father's side are mechanics But does being an ex-mechanic necessarily qualify you as being an expert on tire marks? It is in this area which her testimony will be applicable. Now, if Mr. Trotter wishes to voir dire the witness, I'm sure he's going to be more than satisfied. Now, Miss Vito, being an expert on general automotive knowledge, can you tell me what would the correct ignition timing be on a Bel-Air Chevrolet with a cubic inch engine and a four-barrel carburetor?
A: Cause Chevy didn't make a in ' The didn't come out till '62, and it wasn't offered in a Bel-Air with a four-barrel carb 'til ' However, in the correct ignition timing would be four degrees before top dead center. Do we agree on this?
Now, can you tell us, by looking at the picture, if the Defense's case holds water? Does the Defense's case hold water? A: Because there is no way that these tire marks were made by a Buick Skylark. These marks were made by a Pontiac Tempest. Prosecutor: Objection your honor, can we clarify to the court whether the whwck is stating fact or opinion?