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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:08,747 --> 00:00:10,749 Rosenberg? You guys involved in this one? 2 00:00:10,793 --> 00:00:13,274 Yeah, well, the guy's a postal worker, right? 3 00:00:13,317 --> 00:00:15,145 That makes him a federal employee. 4 00:00:15,189 --> 00:00:17,582 That makes this potentially a capital crime. 5 00:00:17,626 --> 00:00:20,368 Well, it's not like he was delivering the mail 6 00:00:20,411 --> 00:00:23,023 when it happened. When we hear that one of our federal employees 7 00:00:23,066 --> 00:00:26,287 and his family have been a victim of arson, rape and murder, 8 00:00:26,330 --> 00:00:30,073 we like to stick our nose in, see what's what. 9 00:00:30,117 --> 00:00:32,162 Want to give me a tour? 10 00:00:36,036 --> 00:00:38,255 That's the husband and wife. 11 00:00:38,299 --> 00:00:40,736 Not sure if you can tell, but she's naked. 12 00:00:40,779 --> 00:00:42,607 Both tied to those chairs. 13 00:00:42,651 --> 00:00:44,522 In addition to burning to death, 14 00:00:44,566 --> 00:00:48,222 we believe there are multiple stab wounds on both victims. 15 00:00:48,265 --> 00:00:49,832 Won't be sure for a while. 16 00:00:49,875 --> 00:00:52,704 Can't really handle the bodies in this state. 17 00:00:54,402 --> 00:00:56,099 So, what do we know? 18 00:00:56,143 --> 00:00:58,101 Silver Ford Explorer missing from the driveway. 19 00:00:58,145 --> 00:01:00,364 We've got an APB out across the entire state. 20 00:01:00,408 --> 00:01:02,453 He stole their car? You think the guy's 21 00:01:02,497 --> 00:01:04,064 stupid enough to still be driving it? 22 00:01:04,107 --> 00:01:05,891 Takes all kinds of stupid to make a world. 23 00:01:05,935 --> 00:01:08,503 What else we got? What's with the bike? 24 00:01:08,546 --> 00:01:10,374 12-year-old daughter. 25 00:01:10,418 --> 00:01:11,549 She wasn't home. 26 00:01:11,593 --> 00:01:14,509 At a friend's for a sleepover. 27 00:01:14,552 --> 00:01:16,772 Only silver lining. 28 00:01:29,219 --> 00:01:31,961 You, silver Explorer, pull over. 29 00:01:38,054 --> 00:01:40,622 Put your hands where I can see 'em! 30 00:01:40,665 --> 00:01:42,319 Do it now! 31 00:01:49,109 --> 00:01:52,373 Okay, now, I need to see your license and registration. 32 00:01:52,416 --> 00:01:55,289 Your license in your pocket? 33 00:01:55,332 --> 00:01:57,291 Okay, you can reach for it. 34 00:01:57,334 --> 00:01:58,901 No sudden moves. 35 00:02:05,516 --> 00:02:08,606 Put your hands on the steering wheel. 36 00:02:11,566 --> 00:02:13,176 Elliot Miles? 37 00:02:13,220 --> 00:02:16,440 You call this in. 38 00:02:16,484 --> 00:02:18,964 The hell is this? 39 00:02:41,422 --> 00:02:42,727 Hey. 40 00:02:42,771 --> 00:02:44,860 Sorry to keep you waiting. 41 00:02:44,903 --> 00:02:46,949 I saw you kissing that teenager. 42 00:02:46,992 --> 00:02:49,212 You know, that's against the law in this country, 43 00:02:49,256 --> 00:02:50,692 and most other civilized societies 44 00:02:50,735 --> 00:02:52,017 around the world, for that matter. 45 00:02:52,041 --> 00:02:53,477 Right, right. 46 00:02:53,521 --> 00:02:56,915 No, she is 34. I know she looks younger. 47 00:02:56,959 --> 00:02:59,179 Said Jerry Lee Lewis to the judge. 48 00:02:59,222 --> 00:03:00,484 No, no, no. 49 00:03:00,528 --> 00:03:03,357 We, we met at the airport 50 00:03:03,400 --> 00:03:05,054 over Thanksgiving. 51 00:03:05,097 --> 00:03:07,709 Just got back in touch a couple weeks ago. 52 00:03:07,752 --> 00:03:09,276 And for you, sir? 53 00:03:09,319 --> 00:03:10,799 I'll have what he's having. 54 00:03:10,842 --> 00:03:14,237 So... what are we doing here? 55 00:03:14,281 --> 00:03:17,893 What was so urgent that you had to tear me away 56 00:03:17,936 --> 00:03:19,895 from my life of nomadic introspection 57 00:03:19,938 --> 00:03:21,157 and years of sexual depravity? 58 00:03:21,201 --> 00:03:23,072 Well, it's... 59 00:03:23,115 --> 00:03:25,814 it's good news... I think. 60 00:03:25,857 --> 00:03:29,209 Just not the kind of news you discuss in the office. 61 00:03:31,298 --> 00:03:33,300 My sister... 62 00:03:33,343 --> 00:03:35,476 she's getting remarried. 63 00:03:38,043 --> 00:03:42,047 Which means you, my friend, are off the hook. 64 00:03:43,179 --> 00:03:44,528 No more alimony, 65 00:03:44,572 --> 00:03:47,139 no more rent on that Tribeca co-op. 66 00:03:47,183 --> 00:03:49,359 You are a free man. 67 00:03:49,403 --> 00:03:51,970 Financially speaking. 68 00:03:56,975 --> 00:03:58,716 She's been... 69 00:03:58,760 --> 00:04:01,937 meaning to tell you for a month or so. 70 00:04:01,980 --> 00:04:04,766 That's why she left you all those phone messages. 71 00:04:06,115 --> 00:04:08,073 But then she chickened out. 72 00:04:08,117 --> 00:04:11,555 And here I am, the bearer of... 73 00:04:11,599 --> 00:04:14,254 whatever kind of news you think it is. 74 00:04:15,472 --> 00:04:16,952 That's great. 75 00:04:16,995 --> 00:04:19,433 I'm happy for her. Really. 76 00:04:19,476 --> 00:04:22,218 No, I... knew you would be. 77 00:04:23,915 --> 00:04:26,266 So, where'd your girlfriend go? 78 00:04:27,789 --> 00:04:30,792 At a wine bar, right down the street. 79 00:04:32,402 --> 00:04:35,057 What are you doing here? 80 00:04:35,100 --> 00:04:37,102 Talking to you. 81 00:04:38,365 --> 00:04:40,758 Now, get out of here. Go see your girlfriend. 82 00:04:40,802 --> 00:04:43,935 It's getting late... you don't want her to miss her curfew. 83 00:05:01,649 --> 00:05:03,085 Hello? 84 00:05:03,128 --> 00:05:04,434 Jason? 85 00:05:07,263 --> 00:05:08,743 Of course. 86 00:05:08,786 --> 00:05:11,223 I'll-I'll get there as quickly as I can. 87 00:05:16,272 --> 00:05:18,796 Ho-ho-ho! God. 88 00:05:28,240 --> 00:05:29,677 Sorry. 89 00:05:34,072 --> 00:05:35,683 Thanks. 90 00:05:40,296 --> 00:05:42,516 There, you want that back? 91 00:05:42,559 --> 00:05:44,779 You don't want that back. 92 00:05:50,915 --> 00:05:52,526 Thank you. 93 00:05:59,054 --> 00:06:01,448 You got somebody picking you up? 94 00:06:01,491 --> 00:06:04,668 I can... give you a ride home, if you need. 95 00:06:10,979 --> 00:06:12,372 Well... 96 00:06:12,415 --> 00:06:15,766 you know... 97 00:06:15,810 --> 00:06:18,160 if you ever need anything... 98 00:06:18,203 --> 00:06:20,902 you just give me a call. 99 00:06:23,818 --> 00:06:25,776 Elliot Miles? 100 00:06:25,820 --> 00:06:27,909 The interpreter's on his way. 101 00:06:27,952 --> 00:06:31,129 Officer's gonna walk you back for questioning. 102 00:06:36,396 --> 00:06:38,223 He doesn't speak English? 103 00:06:38,267 --> 00:06:40,008 He doesn't speak anything. 104 00:06:40,051 --> 00:06:41,705 You Jason Bull? 105 00:06:41,749 --> 00:06:44,142 Someone has to be. 106 00:06:44,186 --> 00:06:46,710 Congratulations. You've made bail. 107 00:06:47,755 --> 00:06:49,713 Thank you for doing that. 108 00:06:49,757 --> 00:06:51,367 No problem. 109 00:06:54,849 --> 00:06:57,025 Criminal mischief in the fourth degree? 110 00:06:57,068 --> 00:06:59,201 Yeah, it sounds worse than it is. 111 00:06:59,244 --> 00:07:01,986 I got in a fight with one of those vending machines 112 00:07:02,030 --> 00:07:03,901 that sells you bottles of water. 113 00:07:03,945 --> 00:07:07,078 I gave it three dollars, and all it did was laugh at me. 114 00:07:07,122 --> 00:07:08,036 So you kicked it? 115 00:07:08,079 --> 00:07:09,341 Kicked it till you broke it? 116 00:07:09,385 --> 00:07:11,561 Well, the only other bills I had were twenties, 117 00:07:11,605 --> 00:07:13,520 and I wasn't gonna put one of those in. 118 00:07:13,563 --> 00:07:15,043 When did human beings 119 00:07:15,086 --> 00:07:16,740 start selling water to each other, anyway? 120 00:07:16,784 --> 00:07:19,047 It falls from the sky. No one owns it. 121 00:07:19,090 --> 00:07:21,876 When I was a kid, it was something you offered people. 122 00:07:21,919 --> 00:07:23,660 I'm worried about you. 123 00:07:23,704 --> 00:07:25,706 I'm fine. 124 00:07:26,968 --> 00:07:28,491 I'm fine. 125 00:07:28,535 --> 00:07:30,058 You know what? You're not. 126 00:07:30,101 --> 00:07:33,235 When I met you, you were ambitious and... 127 00:07:33,278 --> 00:07:35,411 focused and d-disciplined. 128 00:07:35,455 --> 00:07:39,067 My God, I never met anyone with more discipline. 129 00:07:39,110 --> 00:07:40,590 Last couple of years, though... 130 00:07:40,634 --> 00:07:43,463 Izzy's getting remarried. 131 00:07:47,162 --> 00:07:48,424 Okay. 132 00:07:50,208 --> 00:07:52,080 I'm sorry. 133 00:07:52,123 --> 00:07:54,038 But she wasn't getting married yesterday, 134 00:07:54,082 --> 00:07:55,518 or last month, 135 00:07:55,562 --> 00:07:56,911 or... Well, apparently she was, 136 00:07:56,954 --> 00:07:58,652 'cause everybody knew about it except me. 137 00:07:58,695 --> 00:08:00,001 You're changing the subject. 138 00:08:00,044 --> 00:08:03,439 You used to be a citizen of the world. 139 00:08:03,483 --> 00:08:06,747 You never met a person you didn't find fascinating. 140 00:08:06,790 --> 00:08:09,445 But lately you live in your head... 141 00:08:09,489 --> 00:08:11,055 for an audience of one. 142 00:08:11,099 --> 00:08:13,493 I mean, every day, I see you checking your watch 143 00:08:13,536 --> 00:08:15,973 to see if it's late enough to have your first drink. 144 00:08:16,017 --> 00:08:19,716 And if it's not that, it's how long until lunch. 145 00:08:19,760 --> 00:08:22,414 You sleep in your office. 146 00:08:22,458 --> 00:08:25,069 Your clothes don't fit. 147 00:08:26,375 --> 00:08:29,987 I think you are an amazing person, Jason, 148 00:08:30,031 --> 00:08:32,990 but I am tired of worrying about you. 149 00:08:33,034 --> 00:08:35,079 Pitying you. 150 00:08:37,081 --> 00:08:40,084 I want to admire you again. 151 00:09:17,382 --> 00:09:20,995 You probably think I'm here to return your handkerchief. 152 00:09:21,038 --> 00:09:22,997 My name's Dr. Jason Bull, 153 00:09:23,040 --> 00:09:25,129 and I run a trial science company, 154 00:09:25,173 --> 00:09:27,958 it's a kind of law office... We help people. 155 00:09:28,002 --> 00:09:30,613 And it occurred to me after I left here... 156 00:09:30,657 --> 00:09:33,311 you might need help. 157 00:09:33,355 --> 00:09:35,487 I know the idea of being represented 158 00:09:35,531 --> 00:09:39,187 by someone you met in jail sounds... unconventional, 159 00:09:39,230 --> 00:09:42,277 but I guarantee you I am... 160 00:09:42,320 --> 00:09:44,496 great at what I do. 161 00:09:44,540 --> 00:09:47,238 Nonetheless... 162 00:09:47,282 --> 00:09:49,632 the government... 163 00:09:49,676 --> 00:09:51,808 wants to execute you... 164 00:09:51,852 --> 00:09:55,986 and I would like to make sure that doesn't happen. 165 00:09:56,030 --> 00:09:59,511 But there's one thing I need to know. 166 00:10:01,513 --> 00:10:04,212 Did you do it? 167 00:10:07,694 --> 00:10:10,479 Good answer. 168 00:10:19,444 --> 00:10:21,446 Everybody know who this is? 169 00:10:21,490 --> 00:10:23,207 Isn't that the guy accused of raping that woman 170 00:10:23,231 --> 00:10:25,165 and burning her and her husband to death in Brooklyn? 171 00:10:25,189 --> 00:10:27,278 It is. He's also our newest client. 172 00:10:27,322 --> 00:10:28,932 His name is Elliot Miles. 173 00:10:28,976 --> 00:10:30,693 Yeah, heard on the news that they're prosecuting 174 00:10:30,717 --> 00:10:32,936 this case as a capital crime. 175 00:10:32,980 --> 00:10:35,504 Feds are looking for the death penalty. 176 00:10:35,547 --> 00:10:38,246 How did Bull get roped into this one? 177 00:10:38,289 --> 00:10:40,030 Some hotshot attorney put the arm on him? 178 00:10:40,074 --> 00:10:45,035 No. Apparently, Bull and Elliot actually know each other. 179 00:10:45,079 --> 00:10:47,603 And according to this 20-page e-mail 180 00:10:47,647 --> 00:10:49,997 he sent me late this morning, 181 00:10:50,040 --> 00:10:52,173 Bull believes he's innocent. 182 00:10:52,216 --> 00:10:54,741 Based on everything I'mreading, he's the only one. 183 00:10:54,784 --> 00:10:56,830 Wait a second. 184 00:10:56,873 --> 00:10:59,354 If he wasn't brought into this case by the kid's attorney, 185 00:10:59,397 --> 00:11:00,790 then who's the kid's attorney? 186 00:11:00,834 --> 00:11:04,576 I believe that would be the esteemed Benjamin Colón. 187 00:11:05,621 --> 00:11:08,145 I'm trying a death penalty case? 188 00:11:08,189 --> 00:11:09,712 Certainly appears that way. 189 00:11:11,888 --> 00:11:14,021 Okay, well, 190 00:11:14,064 --> 00:11:15,912 according to the papers, the kid works in construction. 191 00:11:15,936 --> 00:11:17,546 Lives in Astoria. 192 00:11:17,589 --> 00:11:20,331 Got pulled over for driving a stolen SUV, 193 00:11:20,375 --> 00:11:23,595 which, turns out, belongs to the murdered couple. 194 00:11:23,639 --> 00:11:25,554 None of this sounds good. 195 00:11:25,597 --> 00:11:27,774 What does Bull know that the papers don't? 196 00:11:27,817 --> 00:11:30,254 According to Bull's notes, Elliot bought the car 197 00:11:30,298 --> 00:11:33,431 two days after the murders. $600 cash. 198 00:11:33,475 --> 00:11:34,911 He was standing at a bus stop 199 00:11:34,955 --> 00:11:37,348 and a guy pulled over and offered to sell it to him. 200 00:11:37,392 --> 00:11:39,437 No paperwork, just money for keys. 201 00:11:39,481 --> 00:11:41,613 And Bull believes that? According to this e-mail. 202 00:11:41,657 --> 00:11:46,227 He says he sat with Elliot for two hours. 203 00:11:46,270 --> 00:11:47,770 We get a description of this generous fellow 204 00:11:47,794 --> 00:11:49,970 who hands out three-year-old cars for $600? 205 00:11:50,013 --> 00:11:52,494 White male, brown hair, average height and build. 206 00:11:52,537 --> 00:11:54,452 Wow. That's what, 207 00:11:54,496 --> 00:11:56,411 200 million people? 208 00:11:56,454 --> 00:11:57,997 Also, he was wearing a ring, a class ring. 209 00:11:58,021 --> 00:11:59,240 It had a green stone. 210 00:11:59,283 --> 00:12:00,502 Well, there you go. 211 00:12:00,545 --> 00:12:02,156 Now we're dealing with 50 million people. 212 00:12:02,199 --> 00:12:04,549 Does he at least have an alibi? 213 00:12:04,593 --> 00:12:06,334 It's pretty weak. 214 00:12:06,377 --> 00:12:09,729 He left the jobsite at 5:30 to run some errands for his boss. 215 00:12:09,772 --> 00:12:12,079 Says he was done with those by 6:30. 216 00:12:12,122 --> 00:12:14,864 Ate something and took a subway ride home to Queens. 217 00:12:14,908 --> 00:12:17,214 His girlfriend says he walked through the front door 218 00:12:17,258 --> 00:12:18,738 a little after 8:00. 219 00:12:18,781 --> 00:12:21,653 The fire was set around 7:30. 220 00:12:21,697 --> 00:12:24,482 But that was in Brooklyn, a 20-minute subway ride away. 221 00:12:24,526 --> 00:12:26,310 So theoretically, he could have done it. 222 00:12:26,354 --> 00:12:28,878 It would have been a sprint, but he could have done it. 223 00:12:28,922 --> 00:12:30,880 By the way, Bull wants 224 00:12:30,924 --> 00:12:32,882 to get the girlfriend in here for you to prep. 225 00:12:32,926 --> 00:12:35,842 Okay. Here is the address 226 00:12:35,885 --> 00:12:38,583 of the bus stop where Elliot bought the dead couple's SUV. 227 00:12:38,627 --> 00:12:39,933 Danny. 228 00:12:39,976 --> 00:12:41,848 Bull would like you to go down there. 229 00:12:41,891 --> 00:12:44,198 See if anybody saw anything. 230 00:12:44,241 --> 00:12:46,504 And Cable, see if anybody within a three-block radius 231 00:12:46,548 --> 00:12:47,549 has any cameras. 232 00:12:47,592 --> 00:12:49,290 Anything that can help us pinpoint 233 00:12:49,333 --> 00:12:52,684 what time Elliot took possession of that SUV. 234 00:12:52,728 --> 00:12:54,227 Not to mention, maybe giving us a picture 235 00:12:54,251 --> 00:12:55,775 of the guy who sold it to him. 236 00:12:55,818 --> 00:12:57,037 Done and done. 237 00:12:57,080 --> 00:12:58,429 And one more thing. 238 00:12:58,473 --> 00:13:00,273 They haven't mentioned it in the news reports, 239 00:13:00,301 --> 00:13:01,824 but Elliot is mute. 240 00:13:01,868 --> 00:13:04,566 Mute? As in can't talk? 241 00:13:04,609 --> 00:13:06,394 But Bull said he spent two hours with him? 242 00:13:06,437 --> 00:13:08,700 He can hear. He writes his answers. 243 00:13:08,744 --> 00:13:10,659 Sounds like 244 00:13:10,702 --> 00:13:11,810 he'll make a hell of a witness 245 00:13:11,834 --> 00:13:13,575 if we decide to put him on the stand. 246 00:13:13,618 --> 00:13:17,622 Sounds like the boss is acting a tad impetuously on this one. 247 00:13:17,666 --> 00:13:19,668 I'm glad you said it. 248 00:13:19,711 --> 00:13:21,254 I'm sensing some dissension in the ranks. 249 00:13:21,278 --> 00:13:22,473 Well, get it out of your systems today 250 00:13:22,497 --> 00:13:23,857 because he's gonna be in the office 251 00:13:23,890 --> 00:13:25,805 bright and early tomorrow morning. 252 00:13:42,473 --> 00:13:43,779 Bull? 253 00:13:43,823 --> 00:13:46,303 Yes, Marissa? 254 00:13:46,347 --> 00:13:47,609 Um, you look... 255 00:13:47,652 --> 00:13:49,698 different, um... 256 00:13:49,741 --> 00:13:50,655 Good different. 257 00:13:50,699 --> 00:13:51,787 Well, I bought a new suit. 258 00:13:51,831 --> 00:13:52,875 One that fits. 259 00:13:52,919 --> 00:13:54,703 Slept eight hours. In a row. 260 00:13:54,746 --> 00:13:55,791 In my apartment. 261 00:13:55,835 --> 00:13:57,203 And went a whole day without a drink. 262 00:13:57,227 --> 00:13:59,099 Okay. 263 00:14:00,709 --> 00:14:02,929 Look, yesterday morning, 264 00:14:02,972 --> 00:14:05,757 I-I may have said some things. 265 00:14:05,801 --> 00:14:06,889 You did. 266 00:14:06,933 --> 00:14:09,239 And I needed to hear them. 267 00:14:11,111 --> 00:14:13,069 I don't want to be someone you worry about. 268 00:14:13,113 --> 00:14:15,550 I want to be someone you admire. 269 00:14:15,593 --> 00:14:16,943 But I do admire you. 270 00:14:16,986 --> 00:14:18,422 I always have, I always will. 271 00:14:18,466 --> 00:14:21,686 Well, I haven't always admired me. 272 00:14:21,730 --> 00:14:22,818 Not lately. 273 00:14:22,862 --> 00:14:24,515 But I'm determined to change that 274 00:14:24,559 --> 00:14:26,430 and I think a big part of that 275 00:14:26,474 --> 00:14:29,869 is sinking our teeth into something of consequence, 276 00:14:29,912 --> 00:14:32,697 something that matters. 277 00:14:32,741 --> 00:14:34,961 And defending Elliot Miles is just that. 278 00:14:36,484 --> 00:14:38,921 Is the team excited? Wha... I... 279 00:14:38,965 --> 00:14:41,924 think everyone is a little overwhelmed. 280 00:14:41,968 --> 00:14:44,187 And plus, I'm not you. I'm not sure 281 00:14:44,231 --> 00:14:46,450 I was able to convey your... 282 00:14:46,494 --> 00:14:48,539 enthusiasm. 283 00:14:48,583 --> 00:14:50,541 I think they really need to hear from you. 284 00:14:50,585 --> 00:14:52,239 Let's talk capital murder. 285 00:14:52,282 --> 00:14:54,589 Capital murder cases are unique 286 00:14:54,632 --> 00:14:56,286 in two special ways. For one, 287 00:14:56,330 --> 00:14:59,811 the entire jury has to be "death-qualified." 288 00:14:59,855 --> 00:15:01,509 Death-qualified? 289 00:15:01,552 --> 00:15:02,771 Well, that sounds morbid. 290 00:15:02,814 --> 00:15:04,077 What does it mean? 291 00:15:04,120 --> 00:15:05,426 It means that during voir dire, 292 00:15:05,469 --> 00:15:08,081 the judge won't even consider seating a juror 293 00:15:08,124 --> 00:15:10,779 if they haven't already assured him or her 294 00:15:10,822 --> 00:15:13,086 that they're willing to convict our client to death. 295 00:15:13,129 --> 00:15:15,262 You said there were two differences. 296 00:15:15,305 --> 00:15:17,133 Well, there are potentially 297 00:15:17,177 --> 00:15:18,700 two parts of this trial. 298 00:15:18,743 --> 00:15:21,181 The first part is the typical criminal case, 299 00:15:21,224 --> 00:15:22,965 adjudicating innocence or guilt. 300 00:15:23,009 --> 00:15:25,750 Then, if the client is found guilty, 301 00:15:25,794 --> 00:15:26,708 there's the penalty phase. 302 00:15:26,751 --> 00:15:28,101 And that's the second part. 303 00:15:28,144 --> 00:15:31,931 And the jury, not the judge, decides the sentence. 304 00:15:31,974 --> 00:15:33,758 And there are only two choices. 305 00:15:33,802 --> 00:15:35,673 Death or life in prison. 306 00:15:36,631 --> 00:15:38,024 And just in case 307 00:15:38,067 --> 00:15:40,374 you were wondering, we get the same jury for both. 308 00:15:40,417 --> 00:15:42,506 You really are a glutton for punishment, aren't you? 309 00:15:42,550 --> 00:15:45,335 I just think I'm pretty good at reading people. 310 00:15:45,379 --> 00:15:47,337 They say this kid's a rapist. 311 00:15:47,381 --> 00:15:48,904 Followed this woman home. 312 00:15:48,948 --> 00:15:50,993 Did what he wanted to do with her and then, 313 00:15:51,037 --> 00:15:52,821 when her husband surprised them, 314 00:15:52,864 --> 00:15:55,302 he somehow tied them both up and set the place on fire 315 00:15:55,345 --> 00:15:56,520 to cover his tracks. Okay. 316 00:15:56,564 --> 00:15:58,609 If you say so. 317 00:15:58,653 --> 00:16:00,002 And then he stole their car. 318 00:16:00,046 --> 00:16:01,961 The guy who just torched the place 319 00:16:02,004 --> 00:16:04,789 so you wouldn't know it was him. 320 00:16:04,833 --> 00:16:05,790 Okay. 321 00:16:05,834 --> 00:16:06,898 If that's what you're selling. 322 00:16:06,922 --> 00:16:09,272 The same kid 323 00:16:09,316 --> 00:16:11,274 offered me his handkerchief 324 00:16:11,318 --> 00:16:13,755 after I puked all over myself the other night. 325 00:16:13,798 --> 00:16:15,800 Offered me a piece of gum. 326 00:16:15,844 --> 00:16:18,020 Offered me a smile. 327 00:16:19,848 --> 00:16:20,980 He didn't know 328 00:16:21,023 --> 00:16:22,416 who I was. 329 00:16:22,459 --> 00:16:23,895 He just did it. 330 00:16:23,939 --> 00:16:27,073 So I just don't... see it. 331 00:16:27,116 --> 00:16:29,292 Now I sense that some of you think 332 00:16:29,336 --> 00:16:31,686 getting involved with this is a fool's errand. 333 00:16:31,729 --> 00:16:34,776 Well... all right, 334 00:16:34,819 --> 00:16:38,432 so be it, but it's your fault for choosing to work for a fool. 335 00:16:39,911 --> 00:16:43,045 There is nothing that proves Elliot is guilty. 336 00:16:43,089 --> 00:16:45,526 Ladies and gentlemen, in the trial of Elliot Miles, 337 00:16:45,569 --> 00:16:47,919 the federal government is seeking the death penalty. 338 00:16:47,963 --> 00:16:50,835 Before I can seat you, I need to know that you are capable 339 00:16:50,879 --> 00:16:52,750 and willing to vote for such a punishment. 340 00:16:52,794 --> 00:16:54,796 Who here has a religious or moral objection 341 00:16:54,839 --> 00:16:55,839 to the death penalty? 342 00:16:57,712 --> 00:16:59,061 Keep your hands up. 343 00:16:59,105 --> 00:17:00,758 These jurors are dismissed. 344 00:17:00,802 --> 00:17:03,413 No matter who we're left with, we need to find jurors 345 00:17:03,457 --> 00:17:06,938 who are prone to reduced emotional reactivity. 346 00:17:06,982 --> 00:17:09,637 People who are more likely to weigh the facts, not be clouded 347 00:17:09,680 --> 00:17:11,813 by the horror of the crime. 348 00:17:11,856 --> 00:17:15,077 Even if the evidence says it's possible Elliot did this, 349 00:17:15,121 --> 00:17:17,906 they will see it's not impossible that he didn't. 350 00:17:17,949 --> 00:17:19,951 Creating reasonable doubt. 351 00:17:19,995 --> 00:17:22,867 Okay. Well, how do we find these people? 352 00:17:22,911 --> 00:17:24,782 It's actually fairly simple. 353 00:17:24,826 --> 00:17:26,871 We ask about important moments in their lives, 354 00:17:26,915 --> 00:17:28,743 emotionally charged moments. 355 00:17:28,786 --> 00:17:31,354 People with reduced emotional reactivity 356 00:17:31,398 --> 00:17:34,923 will talk about births, deaths, weddings, divorces 357 00:17:34,966 --> 00:17:37,056 in a clinical and detached fashion. 358 00:17:37,099 --> 00:17:40,972 So they're... actually pretty easy to spot. 359 00:17:41,016 --> 00:17:43,105 Do you mind if I ask, has anyone here 360 00:17:43,149 --> 00:17:45,847 recently lost a family member? 361 00:17:47,240 --> 00:17:50,025 Do you feel comfortable talking about your loss? 362 00:17:50,069 --> 00:17:51,331 Sure.Okay. 363 00:17:51,374 --> 00:17:53,724 Who was it that passed? My father. 364 00:17:53,768 --> 00:17:56,162 About six months ago. 365 00:17:56,205 --> 00:17:58,686 Worst experience of my life. 366 00:17:58,729 --> 00:18:01,210 Watching him waste away. 367 00:18:03,604 --> 00:18:04,953 Your Honor, 368 00:18:04,996 --> 00:18:07,434 we'd like to, dismiss this juror. 369 00:18:07,477 --> 00:18:10,219 We want people who keep their emotions in check. 370 00:18:10,263 --> 00:18:12,308 We're looking for limited gesturing, 371 00:18:12,352 --> 00:18:14,310 restrained facial expressions, 372 00:18:14,354 --> 00:18:15,877 and definitely... 373 00:18:15,920 --> 00:18:17,661 no criers. 374 00:18:17,705 --> 00:18:20,708 Describe the best day of your life. 375 00:18:20,751 --> 00:18:22,013 My God. 376 00:18:22,057 --> 00:18:23,841 My wedding day. 377 00:18:23,885 --> 00:18:26,105 My husband was a dancing machine 378 00:18:26,148 --> 00:18:28,107 and a drinking machine. 379 00:18:28,150 --> 00:18:29,978 And then he fell into the pool 380 00:18:30,021 --> 00:18:31,240 doing the Electric Slide, 381 00:18:31,284 --> 00:18:33,416 and then he was good for nothing. 382 00:18:33,460 --> 00:18:36,854 But still, it was an amazing day. 383 00:18:38,334 --> 00:18:41,685 Divorce. The greatest day of my life. 384 00:18:41,729 --> 00:18:43,992 You know that joke? 385 00:18:44,035 --> 00:18:45,994 Why is divorce so expensive? 386 00:18:46,037 --> 00:18:47,430 'Cause it's worth it. 387 00:18:47,474 --> 00:18:49,824 I thought of a better day. 388 00:18:49,867 --> 00:18:52,174 The day my ex got remarried. 389 00:18:52,218 --> 00:18:54,176 Bingo. 390 00:18:54,220 --> 00:18:55,873 Like winning the Lotto. 391 00:18:57,223 --> 00:19:00,878 Your Honor, we'd like to dismiss this juror also. 392 00:19:00,922 --> 00:19:03,577 Man's on a cuttin' frenzy. Kind of looks that way. 393 00:19:03,620 --> 00:19:05,100 Bull, I know you know this, 394 00:19:05,144 --> 00:19:07,407 but we're running low on strikes. 395 00:19:07,450 --> 00:19:09,583 Now, is anyone else here recently divorced? 396 00:19:10,888 --> 00:19:12,673 Would you mind 397 00:19:12,716 --> 00:19:14,240 if I asked what happened? 398 00:19:14,283 --> 00:19:16,242 It was... 399 00:19:16,285 --> 00:19:18,461 He was cheating. 400 00:19:18,505 --> 00:19:20,463 Sounds good. Calm, contained. 401 00:19:20,507 --> 00:19:23,379 You can't see it, but... look at her jaw. 402 00:19:23,423 --> 00:19:25,990 She's flexing her jaw. 403 00:19:26,034 --> 00:19:27,905 Bull, no. She's good for us. 404 00:19:27,949 --> 00:19:29,516 She's one of our only women left, 405 00:19:29,559 --> 00:19:32,301 and women are far less likely to impose the death penalty. 406 00:19:32,345 --> 00:19:34,236 But we won't have to worry about the death penalty 407 00:19:34,260 --> 00:19:36,610 if we find jurors who won't convict him in the first place. 408 00:19:40,091 --> 00:19:41,441 Please, Bull. 409 00:19:41,484 --> 00:19:43,660 If I've told you once, I've told you a hundred times, 410 00:19:43,704 --> 00:19:45,880 voir dire is not about jury selection, it's about 411 00:19:45,923 --> 00:19:47,098 jury de-selection. 412 00:19:47,142 --> 00:19:49,275 And then this woman is forcing herself 413 00:19:49,318 --> 00:19:52,234 to be dispassionate, using every bit of restraint she has. 414 00:19:52,278 --> 00:19:54,018 But it is not her natural state. 415 00:19:54,062 --> 00:19:57,021 Inside she's a cauldron of rage, 416 00:19:57,065 --> 00:19:58,588 and I can't give her the opportunity 417 00:19:58,632 --> 00:19:59,981 to vent that rage on Elliot. 418 00:20:00,024 --> 00:20:01,896 I'd rather take my chances on the possibility 419 00:20:01,939 --> 00:20:04,986 that the remaining jurors might be able to see his innocence 420 00:20:05,029 --> 00:20:07,641 than the virtual certainty that this woman 421 00:20:07,684 --> 00:20:10,426 will send our client... away for life, 422 00:20:10,470 --> 00:20:12,950 regardless of gender. 423 00:20:15,823 --> 00:20:17,216 Please, Bull. 424 00:20:18,739 --> 00:20:21,437 Your Honor, we would like to strike this juror. 425 00:20:28,575 --> 00:20:30,925 Ladies and gentlemen, the prosecution 426 00:20:30,968 --> 00:20:32,535 and the defense are out of peremptories. 427 00:20:32,579 --> 00:20:34,711 The next eight jurors on the roster 428 00:20:34,755 --> 00:20:36,539 will fill the remaining seats. 429 00:20:36,583 --> 00:20:38,541 Prospective jurors 11 through 19, 430 00:20:38,585 --> 00:20:40,543 welcome to the jury. 431 00:20:40,587 --> 00:20:43,154 What the hell is he doing? I have no idea. 432 00:20:43,198 --> 00:20:45,461 See you all tomorrow for opening statements. 433 00:21:22,368 --> 00:21:24,587 Figured you might be here. 434 00:21:24,631 --> 00:21:26,415 Well... 435 00:21:26,459 --> 00:21:29,592 had an early morning meeting with the prosecutor. 436 00:21:29,636 --> 00:21:31,681 Meant to tell you about it, 437 00:21:31,725 --> 00:21:33,770 but you left in such a huff last night. 438 00:21:33,814 --> 00:21:36,860 I have a... cell phone. 439 00:21:36,904 --> 00:21:38,514 I have e-mail. 440 00:21:38,558 --> 00:21:40,516 Me, too. I guess I was waiting 441 00:21:40,560 --> 00:21:42,823 for you to shoot me a text and apologize. 442 00:21:42,866 --> 00:21:44,128 Nothing yet. 443 00:21:45,521 --> 00:21:48,002 You know, Bull, we used to be a... 444 00:21:48,045 --> 00:21:50,091 we used to be a team. 445 00:21:51,875 --> 00:21:53,834 What are you talking about, Benny? 446 00:21:53,877 --> 00:21:56,315 Used to be that you'd ask me before you took a case. 447 00:21:56,358 --> 00:21:58,708 Used to be that you'd... ask me 448 00:21:58,752 --> 00:22:00,884 before you blew through all our jury strikes. 449 00:22:00,928 --> 00:22:03,409 Used to be that you... cared what I thought. 450 00:22:03,452 --> 00:22:06,107 Okay. What do you think? 451 00:22:06,150 --> 00:22:09,937 I think that you're in the middle of some kind of crisis. 452 00:22:09,980 --> 00:22:13,027 I don't think that you're thinking clearly. 453 00:22:13,070 --> 00:22:15,116 Getting arrested, drinking too much, 454 00:22:15,159 --> 00:22:17,074 taking a death penalty case 455 00:22:17,118 --> 00:22:18,641 'cause a guy gave you a handkerchief. 456 00:22:18,685 --> 00:22:20,208 I haven't had a drink in 33 hours. 457 00:22:20,251 --> 00:22:21,862 Meeting with the prosecutor without me. 458 00:22:21,905 --> 00:22:23,951 He wanted to make a deal. 459 00:22:23,994 --> 00:22:25,474 You're kidding me. 460 00:22:25,518 --> 00:22:26,736 Elliot pleads guilty. 461 00:22:26,780 --> 00:22:28,366 They take the death penalty off the table. 462 00:22:28,390 --> 00:22:30,653 He agrees to life in prison and no chance of parole. 463 00:22:30,697 --> 00:22:31,741 And what did you say? 464 00:22:31,785 --> 00:22:33,526 What do you think I said? 465 00:22:33,569 --> 00:22:37,007 Well, I hope you said that you'd discuss it with our client, 466 00:22:37,051 --> 00:22:38,705 discuss it with your team. 467 00:22:38,748 --> 00:22:40,837 I know how our client feels. 468 00:22:40,881 --> 00:22:43,840 Know how your client feels. 469 00:22:45,189 --> 00:22:46,515 Yeah, yeah, that's right. That's right. 470 00:22:46,539 --> 00:22:49,629 Y-You don't care what your, what your team thinks. 471 00:22:49,672 --> 00:22:51,805 You don't care. I forgot. 472 00:22:51,848 --> 00:22:53,154 You know everything. 473 00:22:53,197 --> 00:22:54,416 I know he's innocent. 474 00:22:54,460 --> 00:22:55,983 No, you don't. 475 00:22:56,026 --> 00:22:58,420 You-you-you think he's innocent. 476 00:22:58,464 --> 00:23:00,466 That's not the same thing and more importantly, 477 00:23:00,509 --> 00:23:03,686 you don't know how to prove he's innocent. 478 00:23:03,730 --> 00:23:05,340 I guess it doesn't matter, right? 479 00:23:05,384 --> 00:23:09,083 Because you're on some-some private, crusade or quest 480 00:23:09,126 --> 00:23:11,085 to prove something to yourself or my sister 481 00:23:11,128 --> 00:23:13,957 or your father or I don't know who. 482 00:23:14,001 --> 00:23:15,698 But it's-it's all well and good. 483 00:23:15,742 --> 00:23:17,004 Hey, you know what? 484 00:23:17,047 --> 00:23:18,875 It's-it's your company. Right? 485 00:23:18,919 --> 00:23:20,964 But what you keep not thinking about 486 00:23:21,008 --> 00:23:23,706 is that you're dragging the rest of us into it. 487 00:23:25,447 --> 00:23:27,536 And we don't want to watch a man put to death 488 00:23:27,580 --> 00:23:30,452 and have to live with that for the rest of our lives, 489 00:23:30,496 --> 00:23:32,933 live with the possibility that it may be our fault, 490 00:23:32,976 --> 00:23:35,326 that we may have let him down, 491 00:23:35,370 --> 00:23:37,241 that we may have not been up to the task 492 00:23:37,285 --> 00:23:39,418 and damn it, Bull, you didn't even ask! 493 00:23:41,942 --> 00:23:43,334 Where are you going? 494 00:23:43,378 --> 00:23:45,946 Coffee! I'm getting coffee. 495 00:23:48,035 --> 00:23:50,603 I'm sorry to keep you waiting. 496 00:23:50,646 --> 00:23:52,039 I'm Dr. Thiessen. 497 00:23:52,082 --> 00:23:53,910 You can call me Amos. 498 00:23:53,954 --> 00:23:55,782 Morning got a little hectic. 499 00:23:55,825 --> 00:23:57,174 You have kids? No. 500 00:23:57,218 --> 00:23:59,655 I, um, no. 501 00:23:59,699 --> 00:24:02,789 So, why don't we start with you telling me 502 00:24:02,832 --> 00:24:06,053 a little bit about why you wanted to try therapy. 503 00:24:06,096 --> 00:24:08,969 Take your time. 504 00:24:09,012 --> 00:24:11,275 Okay. 505 00:24:11,319 --> 00:24:13,119 Of course I'm coming down for your graduation. 506 00:24:13,147 --> 00:24:14,583 I wouldn't miss it for the world. 507 00:24:16,019 --> 00:24:18,413 Anna, honey, yeah, I got to go. 508 00:24:18,457 --> 00:24:22,939 I got to... okay. Okay. 509 00:24:22,983 --> 00:24:24,941 Lily Galloway. Hi. 510 00:24:24,985 --> 00:24:26,116 Chunk Palmer. 511 00:24:26,160 --> 00:24:27,988 I've been expecting you. 512 00:24:28,031 --> 00:24:30,077 When they called you, they explained to you 513 00:24:30,120 --> 00:24:32,079 why I wanted to see you, right? 514 00:24:32,122 --> 00:24:34,168 Um, kind of. 515 00:24:34,211 --> 00:24:36,997 And you are Elliot's girlfriend, right? 516 00:24:37,040 --> 00:24:41,001 We live together, yeah. 517 00:24:41,044 --> 00:24:45,179 And you're comfortable with the idea of testifying for him, yes? 518 00:24:45,222 --> 00:24:48,008 I think so. 519 00:24:48,051 --> 00:24:50,314 I mean... 520 00:24:50,358 --> 00:24:54,101 his face is all over the Internet and the papers. 521 00:24:54,144 --> 00:24:56,190 It's kind of crazy. 522 00:24:58,192 --> 00:25:01,325 The neighbors are looking at me funny. 523 00:25:01,369 --> 00:25:03,371 It makes me nervous. 524 00:25:03,414 --> 00:25:06,722 Well, you don't have to be nervous. 525 00:25:06,766 --> 00:25:08,855 Um, he is counting on you, 526 00:25:08,898 --> 00:25:13,947 but you are what we call Elliot's alibi witness. 527 00:25:13,990 --> 00:25:17,167 And you're a huge part of this case. 528 00:25:17,211 --> 00:25:20,649 We need you to help us prove that he couldn't have done this. 529 00:25:20,693 --> 00:25:22,042 How do you mean? 530 00:25:22,085 --> 00:25:24,392 Well, the only way we have 531 00:25:24,435 --> 00:25:29,179 to refute the idea that he did this is your testimony 532 00:25:29,223 --> 00:25:31,007 that he came home a little after 8:00. 533 00:25:31,051 --> 00:25:34,837 You remember saying that to the police? 534 00:25:36,839 --> 00:25:40,887 And you're willing to say that on the stand? 535 00:25:40,930 --> 00:25:43,846 I guess so. 536 00:25:45,892 --> 00:25:48,634 You seem a little uncertain. 537 00:25:48,677 --> 00:25:54,117 Um, no, I'm not... uncertain. 538 00:25:54,161 --> 00:25:56,903 It's just scary. 539 00:25:56,946 --> 00:25:58,513 But you don't have to be scared. 540 00:25:58,557 --> 00:26:01,472 I mean, he's your guy, right? 541 00:26:01,516 --> 00:26:03,736 You said you two live together. 542 00:26:03,779 --> 00:26:06,608 Yeah, and we sleep together, too, 543 00:26:06,652 --> 00:26:11,221 but it's not like that. 544 00:26:11,265 --> 00:26:13,963 How do you mean? 545 00:26:14,007 --> 00:26:15,704 He's in construction. 546 00:26:15,748 --> 00:26:17,576 He makes good money. 547 00:26:17,619 --> 00:26:19,708 I'm a waitress. 548 00:26:19,752 --> 00:26:21,231 Do the math. 549 00:26:21,275 --> 00:26:24,539 I mean, let's be honest. 550 00:26:24,583 --> 00:26:27,977 I don't think a lot of girls are offering to sleep with him. 551 00:26:28,021 --> 00:26:30,066 A girl wants a guy who will listen to her, 552 00:26:30,110 --> 00:26:32,373 but... once in a while 553 00:26:32,416 --> 00:26:35,115 you want him to say something back. 554 00:26:40,120 --> 00:26:44,603 So, um... are we done? I have to get back to work. 555 00:26:44,646 --> 00:26:47,301 Sure. 556 00:26:47,344 --> 00:26:49,172 You want taxi money or subway money? 557 00:26:49,216 --> 00:26:51,784 I'm fine. Um... 558 00:26:51,827 --> 00:26:55,048 When is it you need me to do this thing? 559 00:26:55,091 --> 00:26:59,226 Y-You know what, we may not even call you. 560 00:26:59,269 --> 00:27:01,532 The trial could go a hundred different ways, 561 00:27:01,576 --> 00:27:03,709 but I promise to keep in touch. 562 00:27:13,283 --> 00:27:14,502 How long have you lived 563 00:27:14,545 --> 00:27:15,697 down the block from the Johnsons? 564 00:27:15,721 --> 00:27:16,872 Gosh. Since their little girl 565 00:27:16,896 --> 00:27:18,941 started elementary school with mine. 566 00:27:18,985 --> 00:27:21,640 I guess it's been six years now. 567 00:27:21,683 --> 00:27:25,208 Can you tell us what you saw that night? 568 00:27:25,252 --> 00:27:29,691 I was taking our dog out for a walk, same as every night. 569 00:27:29,735 --> 00:27:32,955 Around 7:00. It was dark. 570 00:27:32,999 --> 00:27:35,131 And I heard this strange ring. 571 00:27:35,175 --> 00:27:36,959 I wasn't sure what it was. 572 00:27:37,003 --> 00:27:38,874 Then I realized it was a smoke alarm 573 00:27:38,918 --> 00:27:40,789 and I looked across the street at the Johnsons 574 00:27:40,833 --> 00:27:43,096 and there was this man coming out the front door. 575 00:27:43,139 --> 00:27:44,924 And did you get a good look at him? 576 00:27:44,967 --> 00:27:47,491 If you saw him again, do you think you could identify him? 577 00:27:47,535 --> 00:27:48,579 Of course. 578 00:27:48,623 --> 00:27:49,903 He's right there. The defendant. 579 00:27:50,973 --> 00:27:54,542 He was running out of the front of the house. 580 00:27:54,585 --> 00:27:55,867 Confidence metrics for this woman are really high. 581 00:27:55,891 --> 00:27:56,936 The jury loves her. 582 00:27:56,979 --> 00:27:58,546 I don't love her. Next thing I knew, 583 00:27:58,589 --> 00:28:00,548 he was getting in the car and driving off. 584 00:28:00,591 --> 00:28:02,289 This man? 585 00:28:03,769 --> 00:28:04,857 Yes, this man. 586 00:28:06,206 --> 00:28:07,816 Thank you. 587 00:28:09,035 --> 00:28:10,906 No further questions. 588 00:28:10,950 --> 00:28:12,952 Benny. 589 00:28:16,999 --> 00:28:18,653 Mrs. O'Neil, thank you so much 590 00:28:18,697 --> 00:28:19,915 for being with us here today. 591 00:28:19,959 --> 00:28:22,962 Now, today is not the first time 592 00:28:23,005 --> 00:28:25,138 that you have identified my client 593 00:28:25,181 --> 00:28:28,750 as the man you saw making his way out of the burning house. 594 00:28:28,794 --> 00:28:29,620 Isn't that correct? 595 00:28:29,664 --> 00:28:31,666 No. No, of course not. 596 00:28:31,710 --> 00:28:33,755 After the fire occurred, the police asked me 597 00:28:33,799 --> 00:28:36,758 to come down to the precinct, had me look at some photos. 598 00:28:36,802 --> 00:28:38,586 They wanted to see if I recognized anyone. 599 00:28:38,629 --> 00:28:40,196 And did you? 600 00:28:40,240 --> 00:28:41,632 Of course. 601 00:28:41,676 --> 00:28:42,938 I saw his photo. There he was. 602 00:28:42,982 --> 00:28:45,985 So, how long after the fire occurred 603 00:28:46,028 --> 00:28:48,422 was this visit to the precinct? 604 00:28:48,465 --> 00:28:50,076 I think it was a week or so. 605 00:28:50,119 --> 00:28:51,599 A week or so? 606 00:28:51,642 --> 00:28:53,601 And Mr. Miles was arrested, what, 607 00:28:53,644 --> 00:28:55,646 three days after the crime? 608 00:28:55,690 --> 00:28:57,779 I-I really don't know. 609 00:28:57,823 --> 00:29:00,651 But I'm sure like most of us, 610 00:29:00,695 --> 00:29:02,784 you tried to find out everything you could about it. 611 00:29:02,828 --> 00:29:05,656 I mean, you lived across the street. 612 00:29:05,700 --> 00:29:07,658 Two people had died. 613 00:29:07,702 --> 00:29:11,314 My little girl played with Emma every day after school. 614 00:29:11,358 --> 00:29:12,925 I was devastated. We all were. 615 00:29:12,968 --> 00:29:15,841 Well, then I'm sure you're aware that after he was arrested, 616 00:29:15,884 --> 00:29:18,757 Mr. Miles's face was all over the news, 617 00:29:18,800 --> 00:29:21,977 the TV, the Internet, the newspapers, 618 00:29:22,021 --> 00:29:24,501 and this was three days before you identified him. 619 00:29:24,545 --> 00:29:26,808 I guess that's right. 620 00:29:26,852 --> 00:29:29,158 Your Honor, while we absolutely believe 621 00:29:29,202 --> 00:29:31,639 that the witness's testimony was well-meaning, 622 00:29:31,682 --> 00:29:33,182 we'd like to make a motion to suppress it. 623 00:29:33,206 --> 00:29:34,424 On what grounds? 624 00:29:34,468 --> 00:29:35,817 Isn't it obvious? 625 00:29:35,861 --> 00:29:38,733 The witness's identification is suggestive; 626 00:29:38,777 --> 00:29:41,910 Therefore, tainted and ultimately of no value. 627 00:29:41,954 --> 00:29:43,782 The witness chose my client's photo 628 00:29:43,825 --> 00:29:46,132 because she had seen it countless times, 629 00:29:46,175 --> 00:29:49,831 had been told countless times on the TV, computer, 630 00:29:49,875 --> 00:29:51,746 in the newspapers that this was the guy. 631 00:29:51,790 --> 00:29:52,965 Through no fault of her own 632 00:29:53,008 --> 00:29:53,966 or the government's. 633 00:29:54,009 --> 00:29:55,619 It's not about fault. 634 00:29:55,663 --> 00:29:58,753 It's about asking the jury to consider what actually matters. 635 00:29:58,797 --> 00:30:00,407 We're talking about a man's life here. 636 00:30:02,235 --> 00:30:03,386 Both sides make compelling arguments 637 00:30:03,410 --> 00:30:05,325 in regard to the witness's testimony; 638 00:30:05,368 --> 00:30:07,675 Therefore, I'm going to leave it to the jury 639 00:30:07,718 --> 00:30:10,809 to determine how to evaluate the strength of the identification. 640 00:30:10,852 --> 00:30:13,115 Your motion is denied. 641 00:30:15,030 --> 00:30:17,903 No further questions, Your Honor. 642 00:30:25,736 --> 00:30:27,564 Nice work. 643 00:30:34,354 --> 00:30:36,704 Hey. I was thinking about what you said. 644 00:30:36,747 --> 00:30:38,706 I want to have a quick conference with Elliot. 645 00:30:38,749 --> 00:30:41,100 You have a minute? 646 00:30:41,143 --> 00:30:42,710 I've been remiss 647 00:30:42,753 --> 00:30:44,581 and thankfully, Mr. Colón 648 00:30:44,625 --> 00:30:45,825 has called it to my attention. 649 00:30:47,410 --> 00:30:49,935 The AUSA came to me earlier this morning 650 00:30:49,978 --> 00:30:52,851 and offered to take the death penalty off the table. 651 00:31:01,772 --> 00:31:04,384 "Why would he do that?" 652 00:31:04,427 --> 00:31:06,647 Well, he's offering to do it in exchange 653 00:31:06,690 --> 00:31:07,822 for you admitting guilt 654 00:31:07,866 --> 00:31:09,911 and saving the government the trouble 655 00:31:09,955 --> 00:31:11,652 of putting on this trial. 656 00:31:21,401 --> 00:31:22,706 "But I didn't do it." 657 00:31:22,750 --> 00:31:23,925 We know. 658 00:31:23,969 --> 00:31:25,753 But we needed to tell you about the offer. 659 00:31:25,796 --> 00:31:27,798 We also need to tell you... 660 00:31:27,842 --> 00:31:29,080 And Dr. Bull, feel free to jump in 661 00:31:29,104 --> 00:31:31,933 if I say something you don't agree with... 662 00:31:31,977 --> 00:31:33,152 We could use your help. 663 00:31:33,195 --> 00:31:34,936 The fella who sold you the car, 664 00:31:34,980 --> 00:31:36,609 is there anything else you can tell us about him? 665 00:31:36,633 --> 00:31:39,419 Your description was pretty... general. 666 00:31:49,995 --> 00:31:52,171 A limp? 667 00:31:52,214 --> 00:31:55,217 Suddenly the guy who sold him the car has a limp? 668 00:31:55,261 --> 00:31:57,437 Come on. I'm sorry, Bull. 669 00:31:57,480 --> 00:31:58,960 It all sounds like a bad novel. 670 00:31:59,004 --> 00:32:00,919 It does, doesn't it? 671 00:32:03,008 --> 00:32:04,400 You okay? 672 00:32:07,447 --> 00:32:11,103 Actually, I'm a mess 'cause I know he's innocent. 673 00:32:11,146 --> 00:32:14,410 I know it with every fiber of my being. 674 00:32:14,454 --> 00:32:18,719 I'm sorry I came down on you so hard this morning. 675 00:32:18,762 --> 00:32:20,329 I'm worried about you. 676 00:32:20,373 --> 00:32:21,983 We all are. 677 00:32:22,027 --> 00:32:25,987 You've always been this rock, 678 00:32:26,031 --> 00:32:28,947 the guy who knows the answer before anyone asks the question. 679 00:32:28,990 --> 00:32:33,821 It seems like you're coming apart. 680 00:32:33,864 --> 00:32:35,823 Is it Izzy? 681 00:32:35,866 --> 00:32:36,867 Izzy getting married? 682 00:32:36,911 --> 00:32:40,436 No, I'm fine. 683 00:32:40,480 --> 00:32:42,961 Trust me, I am fine. 684 00:33:00,891 --> 00:33:04,025 Who is it? 685 00:33:04,069 --> 00:33:06,419 Ghost of Christmas Past. 686 00:33:11,076 --> 00:33:13,034 My goodness. 687 00:33:14,949 --> 00:33:17,038 I'm tempted to say "look what the cat dragged in," 688 00:33:17,082 --> 00:33:18,537 but given your current weight, I don't think 689 00:33:18,561 --> 00:33:20,868 there's a cat in this town that can do the job. 690 00:33:21,912 --> 00:33:24,132 It's nice to see you, too. 691 00:33:25,177 --> 00:33:27,005 God, I'm awful. 692 00:33:28,006 --> 00:33:29,746 Do you want to come in? 693 00:33:36,927 --> 00:33:38,929 You... you want a drink? 694 00:33:38,973 --> 00:33:41,367 Yes. God, yes. 695 00:33:41,410 --> 00:33:43,630 But don't give me one. 696 00:33:46,241 --> 00:33:47,895 It's nice. 697 00:33:47,938 --> 00:33:50,289 You want to buy it? I'm getting married. 698 00:33:50,332 --> 00:33:52,117 I heard. 699 00:33:53,770 --> 00:33:55,033 I wanted to tell you. 700 00:33:55,076 --> 00:33:56,686 Um, I called... 701 00:33:56,730 --> 00:33:59,559 but you were never there, so I... 702 00:33:59,602 --> 00:34:03,041 I figured it was a sign. 703 00:34:03,084 --> 00:34:04,607 No. 704 00:34:04,651 --> 00:34:06,305 It's all good. 705 00:34:08,133 --> 00:34:10,309 I'm happy for you. 706 00:34:10,352 --> 00:34:12,485 You don't look happy. 707 00:34:12,528 --> 00:34:15,140 Happy for you; Sad for me. 708 00:34:17,142 --> 00:34:19,709 You're a great lady, lady. 709 00:34:19,753 --> 00:34:22,973 Is that what you came over here to tell me? 710 00:34:23,017 --> 00:34:27,108 I don't know what I came over here to tell you. 711 00:34:27,152 --> 00:34:30,546 Benny and I are representing this guy... 712 00:34:30,590 --> 00:34:33,201 who's staring at the death penalty. 713 00:34:33,245 --> 00:34:36,639 Yeah, the fire guy... My brother told me. 714 00:34:36,683 --> 00:34:40,078 Has a way of making you think about things. 715 00:34:40,121 --> 00:34:42,123 Think about life. 716 00:34:42,167 --> 00:34:44,212 About your own life. 717 00:34:46,954 --> 00:34:48,956 I'm sorry. 718 00:34:52,568 --> 00:34:53,961 I'm sorry it didn't... 719 00:34:54,004 --> 00:34:56,006 work for us. 720 00:35:00,010 --> 00:35:02,535 I would have really liked... 721 00:35:02,578 --> 00:35:05,015 for it to have worked. 722 00:35:08,584 --> 00:35:12,066 But I'm glad you found someone. 723 00:35:12,110 --> 00:35:15,113 I wish the same for you. 724 00:35:17,463 --> 00:35:19,639 Can I tell you something? 725 00:35:19,682 --> 00:35:22,859 Something I don't think you know about yourself? 726 00:35:25,819 --> 00:35:29,127 I don't think you're good alone, Jason. 727 00:35:31,085 --> 00:35:32,782 I don't. 728 00:35:33,827 --> 00:35:36,395 You may be onto something there. 729 00:35:39,180 --> 00:35:41,182 Anyway... 730 00:35:42,836 --> 00:35:44,359 Have a wonderful wedding 731 00:35:44,403 --> 00:35:47,145 and an amazing marriage and... 732 00:35:47,188 --> 00:35:48,972 great life. 733 00:35:51,192 --> 00:35:52,541 You, too. 734 00:36:04,858 --> 00:36:06,512 Mr. Wilson, did your construction crew 735 00:36:06,555 --> 00:36:08,992 work on a jobsite at 68-8 Peak Street, 736 00:36:09,036 --> 00:36:11,212 an apartment house? Yes, sir. 737 00:36:11,256 --> 00:36:13,693 And was Elliot Miles a part of that crew? 738 00:36:13,736 --> 00:36:16,739 He was. Elliot's been on every crew I've had 739 00:36:16,783 --> 00:36:18,567 for nearly three years. 740 00:36:18,611 --> 00:36:21,222 He's a good worker and a very good roofer. 741 00:36:21,266 --> 00:36:22,745 And from the roof 742 00:36:22,789 --> 00:36:25,095 of that building, could one possibly see 743 00:36:25,139 --> 00:36:27,924 the Johnson residence? 744 00:36:27,968 --> 00:36:29,578 I object, Your Honor. 745 00:36:29,622 --> 00:36:31,580 Calls for speculation. 746 00:36:31,624 --> 00:36:33,515 There's nothing speculative about it, Your Honor. 747 00:36:33,539 --> 00:36:35,193 If you'd allow me to continue, 748 00:36:35,236 --> 00:36:37,020 that will become absolutely clear. 749 00:36:37,064 --> 00:36:38,457 Objection overruled. 750 00:36:38,500 --> 00:36:41,068 Your Honor, I'd like to show the jury 751 00:36:41,111 --> 00:36:42,635 prosecution 27. 752 00:36:42,678 --> 00:36:45,899 These are photos taken from the roof of 68-8 Peak Street. 753 00:36:45,942 --> 00:36:48,641 Clearly visible and circled is the victims' house. 754 00:36:51,296 --> 00:36:54,168 Mr. Wilson, doesn't it stand to reason 755 00:36:54,212 --> 00:36:57,650 that your employee might well have been watching Mrs. Johnson? 756 00:36:57,693 --> 00:36:59,042 Learned her comings and goings, 757 00:36:59,086 --> 00:37:02,220 seeing when she might be vulnerable? 758 00:37:02,263 --> 00:37:04,657 Objection! Your Honor, again, speculation. 759 00:37:04,700 --> 00:37:06,267 The witness can't testify 760 00:37:06,311 --> 00:37:08,835 to what my client did or didn't see. 761 00:37:08,878 --> 00:37:10,750 Sustained. The jury will disregard. 762 00:37:10,793 --> 00:37:13,492 No further questions, Your Honor. 763 00:37:13,535 --> 00:37:14,754 Gentlemen. 764 00:37:14,797 --> 00:37:18,279 Something to chew on with your lunch. 765 00:37:18,323 --> 00:37:20,325 New witness list. 766 00:37:25,591 --> 00:37:27,288 Lily Galloway? 767 00:37:27,332 --> 00:37:29,638 Isn't that Elliot's girlfriend? 768 00:37:29,682 --> 00:37:31,988 Isn't... she testifying for us? 769 00:37:32,032 --> 00:37:34,904 I sure thought so. 770 00:37:34,948 --> 00:37:37,690 The meeting did not go well... she was kind of all over the place. 771 00:37:37,733 --> 00:37:39,909 But... I get the definite impression 772 00:37:39,953 --> 00:37:43,435 that any romantic feelings reside strictly with Elliot. 773 00:37:43,478 --> 00:37:46,742 She seems to be in it mostly for economic reasons. 774 00:37:46,786 --> 00:37:48,875 So, how would you describe your relationship 775 00:37:48,918 --> 00:37:50,746 with the accused? 776 00:37:50,790 --> 00:37:53,401 I guess you could say I'm his girlfriend. 777 00:37:53,445 --> 00:37:56,839 And where were you on the night of the murders? 778 00:37:56,883 --> 00:37:59,886 I was at our apartment in Astoria. 779 00:37:59,929 --> 00:38:02,715 I got there after my shift ended at 4:00. 780 00:38:02,758 --> 00:38:05,457 I wait tables in Kew Gardens. 781 00:38:05,500 --> 00:38:08,851 We usually... make dinner together. 782 00:38:08,895 --> 00:38:10,984 And what time did Elliot get home that night? 783 00:38:11,027 --> 00:38:13,073 He was late. 784 00:38:13,116 --> 00:38:15,902 He said he was running some errands for his boss. 785 00:38:15,945 --> 00:38:18,992 Now, you originally told the police it was about 8:15, 786 00:38:19,035 --> 00:38:20,646 is that correct? 787 00:38:21,690 --> 00:38:23,344 Yes. That's right. 788 00:38:23,388 --> 00:38:25,651 But now I think... 789 00:38:25,694 --> 00:38:27,653 I might have been mistaken. 790 00:38:27,696 --> 00:38:29,872 I think it might have been 9:15. 791 00:38:29,916 --> 00:38:31,831 What? 792 00:38:33,049 --> 00:38:34,244 Now, when you say you "think..." 793 00:38:34,268 --> 00:38:35,791 No. I meant... 794 00:38:35,835 --> 00:38:38,707 I know... it was 9:15. 795 00:38:38,751 --> 00:38:41,841 It was definitely 9:15. 796 00:38:42,885 --> 00:38:44,931 No further questions, Your Honor. 797 00:38:47,934 --> 00:38:50,153 Miss Galloway... 798 00:38:50,197 --> 00:38:52,155 I appreciate your testimony, 799 00:38:52,199 --> 00:38:54,636 but I am confused. 800 00:38:54,680 --> 00:38:58,901 I read the police transcripts of your interview with them. 801 00:38:58,945 --> 00:39:01,904 You're very clear, very certain. 802 00:39:01,948 --> 00:39:05,865 You said Elliot walked through the door at 8:15. 803 00:39:05,908 --> 00:39:07,867 I know that's what I said. 804 00:39:07,910 --> 00:39:10,391 Now, the interview was less than three days 805 00:39:10,435 --> 00:39:11,827 after the fire. 806 00:39:11,871 --> 00:39:14,743 Your recollection was still fresh in your head. 807 00:39:14,787 --> 00:39:17,920 You said you were certain what time it was. 808 00:39:17,964 --> 00:39:21,054 Now here we are, weeks and weeks later, 809 00:39:21,097 --> 00:39:23,404 and-and you're insisting that you were off 810 00:39:23,448 --> 00:39:25,275 by a whole hour? 811 00:39:25,319 --> 00:39:28,017 How do you explain that? 812 00:39:30,716 --> 00:39:32,457 Miss Galloway? 813 00:39:34,197 --> 00:39:36,374 The witness will answer the question, please. 814 00:39:44,904 --> 00:39:48,864 I actually have no idea what time Elliot got home. 815 00:39:52,520 --> 00:39:54,304 Well, that sure woke the jury up. 816 00:39:54,348 --> 00:39:57,917 I'm sorry, did... did you just say you have no idea? 817 00:39:57,960 --> 00:40:01,877 I worked that day from 8:00 until 4:00. 818 00:40:01,921 --> 00:40:03,836 By the time Elliot got home, 819 00:40:03,879 --> 00:40:06,839 I was thoroughly trashed. 820 00:40:06,882 --> 00:40:09,058 Okay. 821 00:40:09,102 --> 00:40:10,233 Now... 822 00:40:10,277 --> 00:40:12,888 when you say you were "trashed..." 823 00:40:12,932 --> 00:40:15,978 I had smoked some bath salts. 824 00:40:17,327 --> 00:40:19,373 We just got our first green. 825 00:40:19,417 --> 00:40:20,853 You just testified 826 00:40:20,896 --> 00:40:23,333 that the defendant got home at 9:15. 827 00:40:23,377 --> 00:40:26,075 People were really angry with me. 828 00:40:26,119 --> 00:40:28,948 They knew I lived with Elliot. 829 00:40:28,991 --> 00:40:31,080 At work, they wouldn't speak to me. 830 00:40:31,124 --> 00:40:33,518 In the neighborhood, they wrote bad words 831 00:40:33,561 --> 00:40:35,781 on my car with white paint. 832 00:40:35,824 --> 00:40:38,261 He said he'd get me protection. 833 00:40:38,305 --> 00:40:40,307 Who said they'd get you protection? 834 00:40:41,917 --> 00:40:45,094 Let the record show that the witness is pointing 835 00:40:45,138 --> 00:40:47,488 to the prosecuting attorney, the AUSA. 836 00:40:47,532 --> 00:40:50,665 Now... are you saying that the federal prosecutor 837 00:40:50,709 --> 00:40:52,754 offered you protection 838 00:40:52,798 --> 00:40:54,887 in return for saying that my client got home 839 00:40:54,930 --> 00:40:57,019 at 9:15 instead of 8:15? 840 00:40:57,063 --> 00:40:59,935 Objection! The defense is trying create an inference 841 00:40:59,979 --> 00:41:01,284 that something untoward... 842 00:41:01,328 --> 00:41:03,069 Something untoward? 843 00:41:03,112 --> 00:41:05,419 The witness just testified that you bribed her. 844 00:41:05,463 --> 00:41:06,962 Your Honor, I object. You offered the witness 845 00:41:06,986 --> 00:41:09,118 a promise, inducement... There was no formal promise. 846 00:41:09,162 --> 00:41:10,337 Or reward.Mr. Rosenberg! 847 00:41:10,380 --> 00:41:12,644 And if that's the case, the prosecutor knows 848 00:41:12,687 --> 00:41:14,559 as well as I do that it's his duty 849 00:41:14,602 --> 00:41:16,212 to disclose that to the defense! 850 00:41:16,256 --> 00:41:18,563 I move for a mistrial, Your Honor! Order. 851 00:41:18,606 --> 00:41:20,410 The defense moves... I really don't think she's marriage material, 852 00:41:20,434 --> 00:41:22,654 but that girl may have just saved your life. 853 00:41:22,697 --> 00:41:24,307 I will have order. 854 00:41:28,137 --> 00:41:30,270 There will be no mistrial. 855 00:41:31,314 --> 00:41:33,708 I think it's fairly obvious 856 00:41:33,752 --> 00:41:36,102 that the witness has, for all intents and purposes, 857 00:41:36,145 --> 00:41:37,582 recanted any statements having to do 858 00:41:37,625 --> 00:41:41,107 with the precise times or whereabouts of the accused. 859 00:41:41,150 --> 00:41:43,477 And I have every confidence that the jury can determine what, 860 00:41:43,501 --> 00:41:46,547 if any value her testimony has provided. 861 00:41:46,591 --> 00:41:47,853 The witness is dismissed, 862 00:41:47,896 --> 00:41:49,681 and court is adjourned until tomorrow. 863 00:41:56,165 --> 00:41:59,168 I may have been a touch premature about your girlfriend, 864 00:41:59,212 --> 00:42:02,128 but... we live to fight another day. 865 00:42:15,097 --> 00:42:18,144 What was it you guys just signed to each other? 866 00:42:19,885 --> 00:42:21,843 "You are not alone." 867 00:42:21,887 --> 00:42:23,802 Wow. I'm impressed. 868 00:42:23,845 --> 00:42:25,586 What possessed you to learn that? 869 00:42:25,630 --> 00:42:27,457 To say that to him? 870 00:42:27,501 --> 00:42:29,895 You've got it backwards. 871 00:42:29,938 --> 00:42:32,811 He keeps saying it to me. 872 00:42:32,854 --> 00:42:34,987 Hey. 873 00:42:35,030 --> 00:42:36,989 I tried my best, boss. 874 00:42:37,032 --> 00:42:40,340 No, you were a pit bull out there. 875 00:42:40,383 --> 00:42:44,474 Any other judge, and we'd be toasting each other right now. 876 00:42:46,085 --> 00:42:48,261 God, what a good idea. 877 00:42:50,089 --> 00:42:53,092 Sorry to let everybody down... 878 00:42:53,135 --> 00:42:56,138 but I think I need a drink. 879 00:42:56,182 --> 00:42:58,184 Captioning sponsored by. 880 00:42:59,054 --> 00:43:01,214 Captioned by Media Access Group at WGBH access.wgbh.org 63396

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