If it wasn't obvious earlier, the killer blow was after the car crash and Hawke's character shooting continuously at Sutherland. At just over an hour into the film too, I don't know how anyone could have watched this film and not realized at least by that stage. Having Kiefer Sutherland who is typecast as a creepy psychopath play the red herring would have been an attempt to stray viewers away from the truth but it didn't work.
Despite it being obvious, there's still a lot of factors that really don't make sense, and the film-makers don't even try to explain. Maybe they're hoping the viewers will be totally blown away by the twist they won't realize them. Like another poster said they tried to make it too obvious it was Hawke so they wouldn't suspect him, then they presented evidence that couldn't have been him, then that evidence is forgotten about when the twist reveals it really was him.
It's very convenient what the viewer gets to see and what they don't, and for that matter the cops too. Really, if there was no third person at the initial crime scene when Hawke was brought into questioning it would have been obvious to police and forensics.
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