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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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