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tv   Eyewitness News  CBS  August 18, 2013 6:30pm-7:00pm EDT

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you found something, haven't you? you found valerie. we're not sure. that's why we need her dna to identify her. oh, my god. what did he do to her? we can't... talk about it, i'm sorry. did she ever leave a hairclip a hairbrush, anything like that? last time she was here, she used one of my hairbrushes. you'll let me know, won't you? we will. please don't talk about this with anybody... especially dr. kelmer. the less he knows, the better. holcomb: there was only one hair root on the brush, but it was enough. your bathing beauty is not valerie kelmer. she died from inhaling saltwater otherwise known as drowning. as for the missing bits the arms were wrenched from their sockets and the neck and lower torso were severed by crushing blows.
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from what? an ax? no. a ship's propeller. deakins: so, let's check our status here: no corpus delicti no evidence of foul play no evidence dr. kelmer's guilty of anything except being a son of a bitch. did i miss anything? kelmer's mystery flight that sunday. there was no rental slip for it, no flight plan. kelmer could have nicked the rental slip from the office. there's no flight plan because he didn't file one. according to the mechanic, who made it clear he was no fan of the doctor's. are you moving dr. kelmer out of the suspect column? i don't think he should be the only one on there. well, he's the only one that matters. the woman had boyfriends coming out of her ears, she was doing coke she had a history of suicide attempts. he thinks we're idiots. he's playing with us. i want to shove a stick in kelmer's cage, see what he does. what've you got in mind? a leak to the media about finding a torso. we're going to tell her family it's not her, though, right? no. he could find out. i made a promise to her cousin. ( sighs ) i've got to go with bobby on this one.
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the paper says it's her. might be her. they said the body had surgical cuts. why did they say that? are you really stupid enough to believe everything you read? valerie's probably on a beach with one of her cokehead boyfriends, having a big laugh because my life's turned into a nightmare. she's a vindictive bitch. didn't i tell you that? if you really think i'm capable of butchering her maybe we should just end this. no, peter, please... i've had it up to here with recriminations and suspicions from valerie. i don't need it from my next wife. next wife? i'm divorcing valerie. once this is over, i'm moving my practice to boulder, and i want you to come with me. oh, peter, this is so sudden. yes or no? yes.
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yes, i'll go with you. yes! yes! dr. kelmer's on his way up. sorry, uh... just give me a minute here. have a seat. what did you want to talk to us about? what was in the newspapers yesterday. we apologize for that. somebody jumped the gun. there's been no positive id.
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if there were one, you'd be the first person we'd contact. you haven't identified this body? no. it's a... difficult id. what about fingerprints? it would help if there were fingers. what, the arms were cut off? we'd rather not discuss details right now until we have an identification. i could take a look and tell you in a second if it's her. i'm a doctor, i'm not squeamish. it's not necessary; we appreciate it. have you determined the cause of death? was it a suicide? doctor, as i... told you, until we have an id... damn it, it's like pulling teeth. i've told you everything i know, and you are telling me nothing. is it because you're not making any progress? fine. you really want to help us? how about answering a few questions? go ahead. uh... the sunday your wife disappeared you were seen in the garage putting something in your trunk.
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what was it? my, uh, briefcase. i was going to work. i, uh, i think i told you that. what time did you get to the hospital? i... i don't remember. is this an interrogation? if it were one, we'd be in the interrogation room. when did you get your pilot's license? six years ago. what does that have...? do you fly every weekend? yes, to relieve the stress. sunday, after you put your briefcase in your trunk you drove out to westchester airport. isn't that right? now you are interrogating me. i feel i should have an attorney. why? you don't want to be helpful anymore? no, no, that's not it. are we getting into an area that's making you uncomfortable? no. the questions are fine. okay.
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i didn't go to westchester. about this body-- you really want to help us identify it? yes. we need a sample of your wife's dna. well, she hasn't had any bloodwork in... could be anything. strands of hair from her brushes or... she cleaned her brushes and combs every day. it was almost compulsive. ah. well, i'm sure our technicians could find something in your apartment. you want to search my apartment? you said that you wanted to help us identify the body. as long as i can be there, be my guest. fresh paint. you had this room painted? yes, last week. valerie hates what was there before but i thought-- it's going to sound stupid-- but i thought if i painted it the way she likes, she'll come back. she hates the bath mats, too? i noticed these are all new. valerie dropped a bottle
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of nail polish before she... i just got around to replacing them. what are they doing? checking the plumbing for your wife's hair. do you mind? long as they don't break anything. pipes look as new as the day they were installed. same story with the grouting. either he didn't cut her up in here or he went over this place with a toothbrush and some heavy-duty cleansers. the kind of cleanser that might be used in an operating room. yeah, like that. they have stuff that'll eat anything. it's called virex 256. there's dozens of bottles of it in the o.r. prep. dr. kelmer have access to it? he has access to whatever he wants. uh... you want to tell me about it? he has women coming into his office
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all day long, taking their clothes off. he takes advantage. somebody thought he did. what do you mean? a few weeks ago, i met kelmer for lunch for my biannual review. after he dropped me off at my car while i was getting in i saw a man writing down my license plate number. i guarantee you, no one's following me. valerie wouldn't hire a detective to follow peter. didn't she think he was cheating? well, she wasn't sure. that's not what... you told us. you said that she knew there was someone. how did she know? maybe i overstated. miss barish. you hired the detective, didn't you? i thought if valerie saw the truth that she'd have to end it with peter.
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what did the detective find out? he saw peter kissing another woman-- someone at the hospital. i don't know who. the detective told me on friday that he had the photos. that was the friday before valerie... i told him to send them to her. i don't know if she ever got them. the doorman at valerie's building said he gave dr. kelmer a large envelope addressed to her that saturday. he gave it to peter? he must have seen the photos and... ( sobbing ): oh, my god... what did i do? lisa voight? i'm detective eames. this is detective goren. and this is a warrant allowing us to search your apartment.
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what are you looking for exactly? it's all on the warrant. do you know a dr. peter kelmer? yes. i'm an administrator at the hospital where he works. i don't mean to be rude; are you intimately involved with him? we work together. any relationship we have is strictly business. we got these photos from a private investigator. this thing you're doing to the doctor with your tongue-- what business is that, "strictly"? gray t-shirt with black trim and... been to sarni's delicatessen lately?
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did you think you needed surgery? peter has an eye for this kind of thing. you're a very beautiful woman. did you try telling peter that he's wrong? he's never wrong, is he? kelmer: of course i tried lisa at home. look, if she calls in you tell her dr. kelmer's looking for her, all right? hello, doctor. you're under arrest for the murder of your wife. what the hell are you doing? i'm going to handcuff you, doctor. just relax. don't tell me what to do. hey, hey, down, boy. settle down. you're hurting me. you stupid idiots. sticks and stones. let's go. okay, doc. this is an interrogation. first thing... you... sit here.
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you want the people on the other side of that mirror to see my face? that's okay. i don't have anything to hide. ( clears throat ) doctor, you're a very smart guy. do you recognize this? it's a gray t-shirt with a black trim. it looks like what my wife was wearing when she disappeared. how about that? this wig? okay, you found these things at lisa voight's. you have her under arrest, is that it? i'm sure she explained our little ruse and why it was necessary. yes, you trained her very well. i beg your pardon? peter, let it go. no. he insulted a close friend of mine. and she believes everything you tell her. she's giving up her life to follow you to colorado?
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i mean, she's even letting you hack into her face because you have an issue with her... cheekbones. tsk, tsk, tsk, tsk, tsk. lisa voight is in love with me. she's enthralled with you. she's like a little puppy in your hands how dare you? but valerie... valerie didn't need you to feel alive. she had her own boyfriends... you have no idea... her own drugs, her own bad habits. you couldn't push her around. where do you get these ridiculous ideas? you couldn't push her around. not like lisa; she's under your thumb. that's where you like your women. now you just shut up! ( whispering ): valerie was a... she was a... okay, that's it. i'm not saying anything else. i got a case without forensic evidence a case without... i can't even prove beyond a reasonable doubt the victim is even dead. everything he's done to cover his tracks is evidence of a guilty mind.
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is there anything we might have missed? eames: we took apart his car, the plane. we checked with air traffic control along the eastern seaboard in case he turned up on somebody's radar. short answer is, what you have now is all the case you're ever going to have. "trust me"-- hell of a closing argument. he did it; you saw him. you saw his rage. i did, detective, but the jury never will and his lawyer is no fool. she'll never put him up on that stand. you put me on the stand. i'll get him up there. dr. kelmer made a point of telling us about his wife's psychiatric history: previous suicide attempts, drug use. he then gave us a list of his wife's family and friends-- over 200 names and addresses in alphabetical order. i found this odd.
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why is that? well, the man's wife was allegedly missing. any normal person would be far too upset or distracted to make alphabetical lists. objection. he isn't qualified yes, sustained. to offer his opinion. the jury will disregard the witness's last response. carver: after interviewing dr. kelmer what did you do next? we interviewed the victim's cousin, jennifer barish. she told us that valerie's therapist had warned her that someday her husband was going to harm her. objection. hearsay. sustained. detective i know this isn't the first time you've testified in court. the jury, again, will disregard. detective, did there come a time when you had the opportunity to search dr. kelmer's apartment? yes. and what, if anything, did you find? the bathtub drains in the master bathroom had been cleaned with virex 256 the same detergent used to clean the operating rooms at dr. kelmer's hospital. and this was confirmed by one of dr. kelmer's nurses who also accused the doctor of cheating on his wife... objection.
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your honor, this is unbelievable. yes, yes, ms. barbera. detective, one more like that you're off the stand. again, the jury is instructed to disregard the witness's comments. go on, mr. carver. detective, i'm directing you to confine your answers to my questions. yes, sir. now, what else, if anything did you find in your search of dr. kelmer's apartment? we found the bath mats had been replaced and the bathroom repainted. did the defendant offer an explanation? just a lot of double-talk, mr. carver. there's really only one conclusion: he tried to hide the evidence of a horrible crime-- the murder and dismemberment of his wife... there's no other explanation. objection! detective... if there is step down! i'm sure we'd all love to hear it. do you take me for a moron? they heard what they heard. if i was on that jury i'd convict me! i want to respond. i want to tell the jury my story.
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no. i can't advise you more strongly against this. the prosecutor will crucify you. ( chuckles ) he's a civil servant, lauren. how tough can he be? now help get me ready. i felt the police had just given up on finding valerie alive. i felt i had to do something to keep them looking for her. i didn't care how suspicious it looked. i'd been totally open with the police. i'd given them all the information i had. i allowed them to search my apartment... and still, valerie is missing and no one knows what happened to her. you didn't tell the police you had a mistress. no. it's not easy to admit that-- in spite of my feelings for valerie-- our marriage was in trouble. dr. kelmer, did you kill-- or cause to be killed-- your wife, valerie kelmer? no. as god is my witness... no.
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doctor... an earlier witness quoted you as saying that with a couple of well-placed cuts you could remove an arm... as effortless as a wing on a thanksgiving turkey. would you mind showing us where those cuts would be? objection. relevance? i'll allow it, subject to connection. go ahead, doctor. across that group of muscles right there. the deltoid, teres and pectoralis muscles? kelmer: yes. the people's forty-seven through sixty-four. these are the knives that the police found in your apartment. now, to cut those muscles what's the best knife? the serrated one? or the boning knife here? which one, doctor? either one, i guess. i don't want you to guess.
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the boning knife would be fine. as a surgeon, what's the right stroke? like this? well, only if you want to sprain your wrist. ah... please demonstrate the proper technique. you find this amusing, doctor? show us. carver: you put a lot of thought into your surgeries don't you, doctor? every incision is mapped out. yes, of course. you bring the same attention to detail to your flying even to making lists... now, that's not fair. i'm methodical and thorough but you can't draw inferences from that. but if you're so methodical and thorough how did you end up married to a promiscuous, suicidal drug addict? i resent that.
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marrying valerie was not a mistake. well, she's missing and you're here on trial for her murder. wouldn't you say something went wrong? i did not make a mistake. she's the one doing the drugs and the sleeping around. she's the one who walked out on the marriage. how about severing a leg at the knee? what muscles would you cut? what? what muscles would you cut? the gracilis and vastus muscles. carver: before she met you valerie had never traveled outside the country. isn't that right? the furthest she'd been was new jersey. never been to a charity ball or eaten at a four-star restaurant? no, of course not. marrying a well-respected plastic surgeon was a big step up. i would think so. and she showed her gratitude by buying drugs with your money having sex with strangers... you'd have to ask her. ...painters, personal trainers... see what i put up with? well, you're no angel yourself, doctor. you have affairs with all the hospital staff. i... just with one individual. her behavior drove you to have an affair? yes, of course.
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she made you do this? yes. when you saw this, you thought how dare she have you followed... how dare she question what you do? yes, yes. she is trying to get power over you. this ingrate, this nobody who had never been anywhere. how dare she?! this is all your fault! stupid cow! you and your low-rent family! you just couldn't mind your own damned business. you just had to meddle! madam foreman, on the sole count of the indictment murder in the second degree how do you find? woman: we the jury in the above-entitled action
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find the defendant peter kelmer guilty. did you see his face? he couldn't believe it. he's not the only one. he wasn't convicted on the evidence. he was convicted because the jury didn't like him. well, i make my living putting my trust in juries. now is not the time to stop. i'll take them any way they come.

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