I thought it was pretty far-fetched that Berman, after killing someone with a gun, would be out on bail awaiting while awaiting trial. A first-degree murder charge isn't one that you're often able to walk around free while the case is pending. That, among other things, bothered me throughout the movie.
shareConsidering Berman was a prominent businessman with all of his wealth tied up in the housing development (non-liquid assets in other words, meaning he couldn't grab a lot of cash and flee the country), plus he had a serious life-threatening illness requiring on-going treatment, and it was a crime of passion, it doesn't sound unusual for the times. It was the 50s when shooting someone going at it with your wife was considered a husband's right if not requirement to maintain your standing in the community. Times have changed. Today, you're right - he probably would be sitting in jail, or out on an exorbitantly high bail. Not to give anything away - but Berman's wife was the one with a lot of wealth from her now-deceased mother, sister, father, grandfather and brother-in-law. I'm sure, if this were a true story, there would have been injunctions and the like issued to impede his wife's ability to raise or withdraw any sizeable amounts of cash without whatever financial institution or brokerage having to contact the district attorney first.
shareTwo things you said I think nail it: (1) it was a crime of passion--he walked in on his wife with another man, and we're talking about the late 1940s, and (2) he was a prominent local businessman.
The state had a suspicion that the murder might have been more than a crime of passion, primarily because Jake Berman had killed his business partner, but they had challenging task of trying to demonstrate this to the court and not just have it thrown out--which is what ended up happening anyway, even after they had a lot of time to prepare.
Why I'm posting though is that importantly, the state did NOT know that Jake Berman was ill. It's a major plot point of the film that Berman needs to keep this information secret.
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