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1
00:00:01,120 --> 00:00:03,100
- Previously on "The Practice."
2
00:00:03,100 --> 00:00:06,180
- I'm not crazy about helping
the guy who killed my sister.
3
00:00:06,180 --> 00:00:08,030
- All we're asking
4
00:00:08,030 --> 00:00:09,200
is that you talk
about the Internet thing.
5
00:00:09,200 --> 00:00:12,110
- Boyfriend lives alone,
brother, big house.
6
00:00:12,110 --> 00:00:14,030
Why not Plan B them?
7
00:00:14,030 --> 00:00:15,220
- It might be worth a try.
- Give them a soft Plan B.
8
00:00:15,220 --> 00:00:17,020
- Plan B.
Soft.
9
00:00:17,020 --> 00:00:18,190
For both.
10
00:00:18,190 --> 00:00:20,090
- Did you murder your sister
and frame George Vogelman?
11
00:00:20,090 --> 00:00:22,010
- What?
- Objection!
12
00:00:22,010 --> 00:00:23,120
- Did you follow her to the bar,
then go to the motel?
13
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- That's sick!
14
00:00:24,130 --> 00:00:25,230
- You asked us to trust you.
15
00:00:30,020 --> 00:00:32,180
You just stole my son's
innocence.
16
00:00:32,180 --> 00:00:35,150
- I represent Steve Robin
and his dad.
17
00:00:35,150 --> 00:00:37,050
We're suing you.
- What?
18
00:00:37,050 --> 00:00:38,200
- Steve Robin?
19
00:00:38,200 --> 00:00:41,010
- Yeah, brother of the victim
in your Vogelman trial.
20
00:00:41,010 --> 00:00:43,000
Eugene accused him
of being the killer.
21
00:00:43,000 --> 00:00:44,160
I can paint a pretty
disgusting picture
22
00:00:44,160 --> 00:00:46,120
of you guys
in front of a jury.
23
00:00:46,120 --> 00:00:48,190
Team Plan B.
- You take us to court,
24
00:00:48,190 --> 00:00:50,070
and I promise you
we will be screaming,
25
00:00:50,070 --> 00:00:52,070
"He is the killer"
all over again.
26
00:00:52,070 --> 00:00:53,230
And in the court
of public opinion,
27
00:00:53,230 --> 00:00:55,120
he will be the killer.
28
00:00:55,120 --> 00:00:56,200
Now get your ass
out of this office
29
00:00:56,200 --> 00:00:58,070
and go tell your clients
30
00:00:58,070 --> 00:01:00,220
that truth is a complete defense
to defamation.
31
00:01:00,220 --> 00:01:03,070
- These are your scare tactics?
32
00:01:07,140 --> 00:01:10,020
- Eugene, Tommy Silva
agreed to depose you here.
33
00:01:10,020 --> 00:01:12,000
Probably so he doesn't have
to spring for the coffee,
34
00:01:12,000 --> 00:01:14,120
the skimp.
35
00:01:14,120 --> 00:01:16,120
I ordered a cake
for Rebecca's swearing-in party.
36
00:01:16,120 --> 00:01:18,030
- Oh, I'm sure
she'll be very surprised.
37
00:01:18,030 --> 00:01:19,220
- Oh, very.
She asked for chocolate.
38
00:01:19,220 --> 00:01:21,120
- I can't be worrying
about cakes now.
39
00:01:21,120 --> 00:01:22,200
Have you finished
with the pleadings folder?
40
00:01:22,200 --> 00:01:24,050
- In your bag.
- Are you sure
41
00:01:24,050 --> 00:01:25,170
you don't want somebody
to second chair?
42
00:01:25,170 --> 00:01:27,120
- No, it's just a burglary.
I can handle it.
43
00:01:27,120 --> 00:01:29,010
- Well, who's covering the depo?
44
00:01:29,010 --> 00:01:30,060
- Me,
but we really
45
00:01:30,060 --> 00:01:31,210
should be getting
outside counsel.
46
00:01:31,210 --> 00:01:34,020
- We will if it goes to trial,
but for discovery--
47
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- Fool for a client,
that's what they say.
48
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- Thank you, Lucy.
49
00:01:37,130 --> 00:01:39,090
- This will be a short
deposition, trust me.
50
00:01:39,090 --> 00:01:41,050
It's not like I'm gonna answer
anything.
51
00:01:41,050 --> 00:01:43,100
- Well, what if someone
goes for obstruction of justice?
52
00:01:43,100 --> 00:01:45,090
It's really in these days.
53
00:01:55,170 --> 00:01:58,050
- We can go right
into my office.
54
00:01:58,050 --> 00:02:00,230
- Hi, Lucy Hatcher.
55
00:02:00,230 --> 00:02:02,060
- Evelyn Mayfield.
56
00:02:02,060 --> 00:02:04,000
- I take it you've met Jimmy.
57
00:02:04,000 --> 00:02:06,030
I can introduce you
to the others later.
58
00:02:16,010 --> 00:02:17,150
That's the baby shaker, right?
59
00:02:17,150 --> 00:02:18,230
- Client, Lucy.
60
00:02:18,230 --> 00:02:20,220
Client.
- Right.
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00:02:20,220 --> 00:02:24,040
The baby shaker client.
62
00:02:24,040 --> 00:02:26,050
Good handshake.
63
00:02:26,050 --> 00:02:27,050
Strong wrists.
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[dramatic music]
65
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♪ ♪
66
00:03:18,010 --> 00:03:19,170
- The results
of the psychiatric exam
67
00:03:19,170 --> 00:03:21,150
are supposed to be in
this afternoon.
68
00:03:21,150 --> 00:03:24,160
- And assuming she checks out,
they'll let her go.
69
00:03:24,160 --> 00:03:25,230
- Oh, no.
70
00:03:25,230 --> 00:03:27,120
- I passed the polygraph--
71
00:03:27,120 --> 00:03:28,220
- Lie detectors
aren't foolproof,
72
00:03:28,220 --> 00:03:30,080
as far as they're concerned.
73
00:03:30,080 --> 00:03:31,150
We discussed this.
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00:03:31,150 --> 00:03:33,000
Plus, dead baby.
75
00:03:33,000 --> 00:03:35,150
They are not about
to just let you go.
76
00:03:35,150 --> 00:03:38,120
- Well, how about they arrest
the one who did it?
77
00:03:38,120 --> 00:03:40,030
I mean,
would they ever consider that?
78
00:03:40,030 --> 00:03:42,080
- Well, I'll know more
by the end of the day.
79
00:03:42,080 --> 00:03:45,130
For now--
- Remain calm, yes, I know.
80
00:03:45,130 --> 00:03:48,120
They accused me of killing
an 11-month-old child.
81
00:03:48,120 --> 00:03:53,030
But I should take it in stride,
I should just stay calm.
82
00:03:53,030 --> 00:03:55,000
- Their case is weak.
83
00:03:55,000 --> 00:03:56,080
The fact
that they gave you bail,
84
00:03:56,080 --> 00:03:58,160
they know their case is weak.
85
00:03:58,160 --> 00:04:00,200
Let's just ride this out.
86
00:04:00,200 --> 00:04:03,180
And yes, stay calm.
87
00:04:13,030 --> 00:04:15,020
- I was walking
towards the side entrance
88
00:04:15,020 --> 00:04:16,200
when I saw a man
exiting the warehouse
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00:04:16,200 --> 00:04:18,180
with an armful
of laser disc players.
90
00:04:18,180 --> 00:04:20,110
- About how far
apart were you at the time?
91
00:04:20,110 --> 00:04:22,010
- About 7 or 8 yards.
92
00:04:22,010 --> 00:04:23,100
- And what happened next?
93
00:04:23,100 --> 00:04:25,030
- I called out for him to stop.
94
00:04:25,030 --> 00:04:27,180
He dropped what he was carrying
and ran towards the alley.
95
00:04:27,180 --> 00:04:29,090
We're instructed
not to put our lives
96
00:04:29,090 --> 00:04:30,200
on the line to protect property,
97
00:04:30,200 --> 00:04:32,140
so he got away.
98
00:04:32,140 --> 00:04:34,010
- How was the lighting
in this area?
99
00:04:34,010 --> 00:04:35,050
- There's a light
above the door.
100
00:04:35,050 --> 00:04:36,220
I got a very good look at him.
101
00:04:36,220 --> 00:04:38,110
- Do you see this man today?
102
00:04:38,110 --> 00:04:40,050
- He's the defendant.
103
00:04:40,050 --> 00:04:43,070
- How many laser disc players
was the burglar carrying?
104
00:04:43,070 --> 00:04:44,150
- Four.
105
00:04:44,150 --> 00:04:46,030
- Still in boxes?
- Yes, ma'am.
106
00:04:46,030 --> 00:04:48,010
- So his face was covered
when you saw him.
107
00:04:48,010 --> 00:04:50,090
Four boxes,
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00:04:50,090 --> 00:04:52,020
each about 10 inches high,
109
00:04:52,020 --> 00:04:54,160
must have at least
partially covered his face.
110
00:04:54,160 --> 00:04:57,060
- But then he dropped them
when he ran.
111
00:04:57,060 --> 00:04:59,180
- He ran toward you?
- No, away.
112
00:04:59,180 --> 00:05:02,070
But there was a moment
before he ran, I caught a look.
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00:05:02,070 --> 00:05:03,220
- A moment?
114
00:05:03,220 --> 00:05:06,020
- Seconds.
- Seconds?
115
00:05:06,020 --> 00:05:08,010
More than ten seconds?
116
00:05:08,010 --> 00:05:10,020
- No.
- More than five?
117
00:05:10,020 --> 00:05:11,170
- It was like two
or three seconds.
118
00:05:11,170 --> 00:05:13,090
- Two or three seconds--
- But I got a very good look--
119
00:05:13,090 --> 00:05:14,180
- There's no question
before you, ma'am.
120
00:05:14,180 --> 00:05:18,220
Move to strike.
121
00:05:18,220 --> 00:05:21,190
- Did you have any conversations
with Steve Robin
122
00:05:21,190 --> 00:05:22,220
prior to his testimony
123
00:05:22,220 --> 00:05:24,110
in the Vogelman murder trial?
124
00:05:24,110 --> 00:05:26,060
- Yes.
125
00:05:26,060 --> 00:05:29,100
- Did you discuss what questions
you would probably ask him?
126
00:05:29,100 --> 00:05:31,030
- Yes.
- Did you tell him
127
00:05:31,030 --> 00:05:33,010
that you planned
to accuse him in court
128
00:05:33,010 --> 00:05:34,060
as the one
who killed his sister?
129
00:05:34,060 --> 00:05:37,160
- Work product.
Don't answer.
130
00:05:37,160 --> 00:05:39,150
- At the time you were having
these discussions
131
00:05:39,150 --> 00:05:41,050
with Steve Robin,
132
00:05:41,050 --> 00:05:42,230
did you plan to accuse him
of killing his sister?
133
00:05:42,230 --> 00:05:44,040
- Work product.
134
00:05:44,040 --> 00:05:45,150
- All objections
have been waived.
135
00:05:45,150 --> 00:05:47,060
- Not on privilege, or--
- We got it on record.
136
00:05:47,060 --> 00:05:49,040
All objections, except
to the form of the question.
137
00:05:49,040 --> 00:05:50,120
- Of course we're not gonna
reveal internal--
138
00:05:50,120 --> 00:05:51,160
- We can get a court order--
139
00:05:51,160 --> 00:05:53,220
- Fine, do it.
140
00:05:53,220 --> 00:05:58,220
But for now, I'd just move on.
141
00:05:58,220 --> 00:06:00,130
- Are you familiar with the term
142
00:06:00,130 --> 00:06:03,210
"Plan B"?
- Work product.
143
00:06:03,210 --> 00:06:05,110
- I'm just asking
if he's familiar with the term.
144
00:06:05,110 --> 00:06:07,010
- And I answered.
145
00:06:07,010 --> 00:06:08,110
Work product.
146
00:06:08,110 --> 00:06:11,060
Move on.
147
00:06:11,060 --> 00:06:12,230
- When you accused Steve Robin
148
00:06:12,230 --> 00:06:16,020
in open court of possibly
being the one killed his sister,
149
00:06:16,020 --> 00:06:17,100
what facts did you rely on?
150
00:06:17,100 --> 00:06:18,090
- Work product.
151
00:06:21,120 --> 00:06:24,230
- This the way
we're gonna play it?
152
00:06:24,230 --> 00:06:28,010
- Sorry, off the record.
153
00:06:28,010 --> 00:06:29,220
You're suing us.
154
00:06:29,220 --> 00:06:35,150
You expect us to play nice?
155
00:06:35,150 --> 00:06:37,080
- Did she do it?
- Lucy...
156
00:06:37,080 --> 00:06:39,120
- Because I saw it on Court TV.
157
00:06:39,120 --> 00:06:40,220
And they did this reenactment,
158
00:06:40,220 --> 00:06:43,210
and she just shook
and shook and shook--
159
00:06:43,210 --> 00:06:45,180
- Lucy!
160
00:06:45,180 --> 00:06:47,050
- Come on, Bobby.
161
00:06:47,050 --> 00:06:49,210
Throw me a crumb.
Did she do it?
162
00:06:49,210 --> 00:06:52,040
- She didn't.
163
00:06:52,040 --> 00:06:54,180
- Because I saw it on Court TV.
164
00:06:54,180 --> 00:06:57,090
She just shook and shook and--
165
00:06:57,090 --> 00:06:59,210
- Lucy...
166
00:06:59,210 --> 00:07:01,160
- You should know
what people are saying.
167
00:07:06,230 --> 00:07:10,030
- We did okay, but it's close.
168
00:07:10,030 --> 00:07:12,030
I think you've got to testify.
169
00:07:12,030 --> 00:07:13,080
- But you said
if I take the stand,
170
00:07:13,080 --> 00:07:14,210
the D.A. can bring up my record.
171
00:07:14,210 --> 00:07:16,080
- Yeah, he can.
172
00:07:16,080 --> 00:07:19,010
- Well...
173
00:07:19,010 --> 00:07:20,120
if they find out
I got two priors,
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00:07:20,120 --> 00:07:22,010
won't they think
I did this one?
175
00:07:22,010 --> 00:07:25,060
- They might,
but I don't see much choice.
176
00:07:25,060 --> 00:07:27,020
Okay,
how is it
177
00:07:27,020 --> 00:07:28,090
we can't find one witness
178
00:07:28,090 --> 00:07:29,220
that saw you
at the bar that night?
179
00:07:29,220 --> 00:07:31,140
- It was crowded,
and I only
180
00:07:31,140 --> 00:07:33,120
been there that one time.
Who's gonna remember?
181
00:07:33,120 --> 00:07:35,030
- Without a witness, it's
like you don't have an alibi.
182
00:07:38,010 --> 00:07:39,150
What?
183
00:07:39,150 --> 00:07:42,190
Russell, now is not the time
to be hiding things.
184
00:07:44,150 --> 00:07:47,060
- A buddy of mine was with me
at the bar that night.
185
00:07:47,060 --> 00:07:48,150
But...
186
00:07:48,150 --> 00:07:50,170
- But what?
- He's got a record.
187
00:07:50,170 --> 00:07:52,070
He don't want to get involved.
188
00:07:52,070 --> 00:07:53,220
- Russell, you are looking
at a conviction here.
189
00:07:53,220 --> 00:07:55,200
Third time.
It'll mean jail.
190
00:07:55,200 --> 00:07:59,170
If he really is a buddy,
he's got to come forward.
191
00:08:06,010 --> 00:08:07,220
- How'd he find out
we call it Plan B?
192
00:08:07,220 --> 00:08:09,200
- It's not exactly
a trade secret.
193
00:08:09,200 --> 00:08:11,000
We're kind of famous for it.
194
00:08:11,000 --> 00:08:12,090
- He's going for a court order?
195
00:08:12,090 --> 00:08:13,150
- Lindsay
basically answered
196
00:08:13,150 --> 00:08:15,020
"work product"
to every question.
197
00:08:15,020 --> 00:08:16,110
- It was work product.
198
00:08:16,110 --> 00:08:17,170
- Well, be armed
with the research,
199
00:08:17,170 --> 00:08:19,230
because Papp
hates discovery motions.
200
00:08:19,230 --> 00:08:22,230
- We'll be ready.
- Look, look, look.
201
00:08:22,230 --> 00:08:25,050
- Mayfield
could begin this month.
202
00:08:25,050 --> 00:08:28,090
Sources say that they're
far apart from any deal.
203
00:08:28,090 --> 00:08:30,100
You'll remember
Miss Mayfield is charged
204
00:08:30,100 --> 00:08:31,110
with shaking to death
205
00:08:31,110 --> 00:08:33,000
an 11-month-old child
206
00:08:33,000 --> 00:08:35,060
that was entrusted to her care.
207
00:08:35,060 --> 00:08:37,020
Turning to the--
208
00:08:37,020 --> 00:08:39,060
- What's the deal on her?
- I think she's innocent.
209
00:08:39,060 --> 00:08:40,150
- Oh, come on.
210
00:08:40,150 --> 00:08:42,110
All this church stuff
she's into?
211
00:08:42,110 --> 00:08:45,070
Nobody could be that Christian
without being a little vicious.
212
00:08:45,070 --> 00:08:47,010
- Do you ever
say anything thoughtful?
213
00:08:47,010 --> 00:08:49,160
- Look, all I'm saying
is she had very strong wrists
214
00:08:49,160 --> 00:08:50,220
for a babysitter.
215
00:08:50,220 --> 00:08:53,070
Whether that passes
for thoughtful,
216
00:08:53,070 --> 00:08:55,010
you be the judge.
217
00:08:59,060 --> 00:09:01,010
- So, you guys
were together the whole night?
218
00:09:01,010 --> 00:09:02,180
- Yeah.
- At a bar
219
00:09:02,180 --> 00:09:04,130
called Little Freddie's
from 11:00 till closing?
220
00:09:04,130 --> 00:09:06,080
- Yeah, that's right.
- I'm a little curious
221
00:09:06,080 --> 00:09:08,010
why you didn't
come forward before.
222
00:09:08,010 --> 00:09:10,000
I mean, this is your best friend
we're talking about.
223
00:09:10,000 --> 00:09:11,120
Now, I understand
you have a record--
224
00:09:11,120 --> 00:09:15,000
- Ms. Washington,
I've got a decent job.
225
00:09:15,000 --> 00:09:20,020
If it got out that...
226
00:09:20,020 --> 00:09:24,010
It was a sexual assault
conviction in '92.
227
00:09:24,010 --> 00:09:27,110
Back in New York
under another name.
228
00:09:27,110 --> 00:09:28,150
- What'd you do?
229
00:09:28,150 --> 00:09:30,150
- They say I raped a girl.
230
00:09:30,150 --> 00:09:31,190
Anyway, let's just
say I don't need
231
00:09:31,190 --> 00:09:34,090
that coming to light, you know?
232
00:09:34,090 --> 00:09:36,140
- Okay, I understand.
233
00:09:36,140 --> 00:09:39,090
But Russell needs you.
234
00:09:39,090 --> 00:09:41,000
This is your friend.
235
00:09:41,000 --> 00:09:43,200
He will go to prison.
236
00:09:43,200 --> 00:09:46,090
- Will they find out
about my conviction?
237
00:09:46,090 --> 00:09:48,130
- It's a small case.
238
00:09:48,130 --> 00:09:50,230
The odds are, they aren't gonna
do a big background check
239
00:09:50,230 --> 00:09:53,140
on some burglary trial.
240
00:09:53,140 --> 00:09:58,020
But there is a chance, yes.
241
00:09:58,020 --> 00:09:59,070
- Leaving in about 20 minutes.
242
00:09:59,070 --> 00:10:00,080
You need anything else?
243
00:10:04,180 --> 00:10:05,190
- No.
244
00:10:05,190 --> 00:10:08,050
- Okay, 'night.
245
00:10:14,140 --> 00:10:17,140
Rebecca?
- Huh?
246
00:10:17,140 --> 00:10:20,000
Oh, 'night.
247
00:10:26,130 --> 00:10:28,040
Okay.
248
00:10:38,190 --> 00:10:42,040
- Eugene, Bobby,
I think I may have a problem.
249
00:10:42,040 --> 00:10:43,200
- What?
250
00:10:43,200 --> 00:10:47,120
- My client, I mean my trial,
you know the burglary?
251
00:10:47,120 --> 00:10:49,190
Russell Thurm?
- Yeah.
252
00:10:49,190 --> 00:10:51,230
- I think he's a serial killer.
- Really?
253
00:10:51,230 --> 00:10:53,180
- Excuse me?
- I mean, I can't be sure.
254
00:10:53,180 --> 00:10:55,150
But, I mean, I think.
255
00:10:55,150 --> 00:10:58,010
- What's going on?
- Rebecca's client's a murderer.
256
00:10:58,010 --> 00:10:59,130
- Close the door.
257
00:10:59,130 --> 00:11:00,140
- I think he's one
of the harbor stranglers
258
00:11:00,140 --> 00:11:02,110
everybody's talking about.
259
00:11:02,110 --> 00:11:04,170
- Who?
- My client.
260
00:11:04,170 --> 00:11:07,170
I just got finished meeting
with his alibi witness.
261
00:11:07,170 --> 00:11:09,210
I told Russell
that we needed a witness.
262
00:11:09,210 --> 00:11:11,120
And he told me
that he was in a bar
263
00:11:11,120 --> 00:11:13,070
with this other guy, Ronzoni,
who I just met with.
264
00:11:13,070 --> 00:11:15,080
- Slow down.
- Okay.
265
00:11:15,080 --> 00:11:18,210
This Ronzoni, I think
he's the other serial killer.
266
00:11:18,210 --> 00:11:19,230
I saw his arm.
267
00:11:19,230 --> 00:11:21,190
- Well, what did he tell you?
268
00:11:21,190 --> 00:11:23,030
- Well,
he didn't tell me anything.
269
00:11:23,030 --> 00:11:24,200
What, do you think
he's gonna tell?
270
00:11:24,200 --> 00:11:26,040
You don't go around admitting
you are a serial killer.
271
00:11:26,040 --> 00:11:27,090
I mean,
he's not some serial confessor.
272
00:11:27,090 --> 00:11:29,200
- Rebecca, slow down?
273
00:11:29,200 --> 00:11:31,230
- Okay, okay.
274
00:11:31,230 --> 00:11:36,050
Ronzoni has a tattoo
of dice right there.
275
00:11:36,050 --> 00:11:38,000
It's in all the papers.
276
00:11:38,000 --> 00:11:40,220
One of the harbor stranglers
has a dice tattoo on his arm.
277
00:11:40,220 --> 00:11:42,170
- Yeah, that's true.
I've heard that.
278
00:11:42,170 --> 00:11:45,090
- And he also has a sexual
assault conviction.
279
00:11:45,090 --> 00:11:46,170
He raped a girl.
280
00:11:46,170 --> 00:11:47,220
- That doesn't mean--
- No, no.
281
00:11:47,220 --> 00:11:49,080
August 14th,
Russell
282
00:11:49,080 --> 00:11:50,190
and Ronzoni are at a bar
283
00:11:50,190 --> 00:11:52,060
on Franklin
till 2:00 in the morning.
284
00:11:52,060 --> 00:11:54,010
Michelle Cummings,
the prostitute,
285
00:11:54,010 --> 00:11:55,130
was killed that night.
286
00:11:55,130 --> 00:11:56,160
Now, I looked it up.
287
00:11:56,160 --> 00:11:58,130
She was last seen around 2:00
288
00:11:58,130 --> 00:12:00,130
on the corner
of 18th and Franklin,
289
00:12:00,130 --> 00:12:02,090
which is just three blocks
from the bar.
290
00:12:02,090 --> 00:12:03,200
Now, I've got rapist
291
00:12:03,200 --> 00:12:05,110
with a tattoo
near the scene of the crime.
292
00:12:05,110 --> 00:12:07,040
You're gonna tell me
that doesn't add up?
293
00:12:07,040 --> 00:12:08,230
I mean, now we know he didn't
knock off a video store.
294
00:12:08,230 --> 00:12:10,080
He was busy killing somebody.
295
00:12:10,080 --> 00:12:12,170
So do we call the police?
- Well...
296
00:12:12,170 --> 00:12:14,010
- They're serial killers!
- Hold on.
297
00:12:14,010 --> 00:12:16,110
Unless someone
is in immediate danger--
298
00:12:16,110 --> 00:12:17,140
- There is!
- Who?
299
00:12:17,140 --> 00:12:19,000
- Any young girl, that's who.
300
00:12:19,000 --> 00:12:20,190
- I don't think
you can reasonably
301
00:12:20,190 --> 00:12:22,130
believe someone's in danger
302
00:12:22,130 --> 00:12:25,030
unless you first know that
these are the serial killers.
303
00:12:25,030 --> 00:12:27,010
And just on the tattoo--
304
00:12:27,010 --> 00:12:28,220
- Even if they are, who's to say
they're gonna do it again?
305
00:12:28,220 --> 00:12:30,000
- Of course
they're gonna do it again!
306
00:12:30,000 --> 00:12:31,150
They're serial killers.
307
00:12:31,150 --> 00:12:32,210
That's why they're called
serial killers:
308
00:12:32,210 --> 00:12:35,200
they keep doing it.
309
00:12:35,200 --> 00:12:37,060
- What do you think?
310
00:12:37,060 --> 00:12:38,130
- Well, if you knew
these were the guys,
311
00:12:38,130 --> 00:12:39,230
that would be one thing, maybe.
But--
312
00:12:39,230 --> 00:12:41,150
- Why don't we
just turn in Ronzoni?
313
00:12:41,150 --> 00:12:42,230
He's not my client.
314
00:12:42,230 --> 00:12:45,110
- You'll end up
implicating Russell.
315
00:12:45,110 --> 00:12:47,050
- Did you read what they did
to those girls?
316
00:12:50,230 --> 00:12:52,110
- I'm not sure
we can do anything yet.
317
00:12:52,110 --> 00:12:54,030
- Bobby,
how can we not do anything?
318
00:12:54,030 --> 00:12:55,140
- All you've got is a belief
319
00:12:55,140 --> 00:12:57,190
that your client
and his alibi witness
320
00:12:57,190 --> 00:12:59,170
are bad guys.
321
00:12:59,170 --> 00:13:00,230
- So I do nothing?
322
00:13:03,090 --> 00:13:05,030
- You defend your client.
323
00:13:11,010 --> 00:13:13,010
- Asking them
what they believed at the time
324
00:13:13,010 --> 00:13:14,140
is not invading work product.
325
00:13:14,140 --> 00:13:16,130
- Of course it is,
when our beliefs are based
326
00:13:16,130 --> 00:13:18,180
on internal discussions
made between each other.
327
00:13:18,180 --> 00:13:21,020
- Take a look at the transcript
of the deposition, Judge.
328
00:13:21,020 --> 00:13:22,110
They wouldn't answer anything.
329
00:13:22,110 --> 00:13:24,130
They also asserted
"work product"
330
00:13:24,130 --> 00:13:27,030
to almost every request
we made for document production.
331
00:13:27,030 --> 00:13:29,020
- Documents that were generated
in preparation--
332
00:13:29,020 --> 00:13:31,120
- That's not gonna fly,
Ms. Dole.
333
00:13:31,120 --> 00:13:33,080
You're not gonna sweep
everything under work product.
334
00:13:33,080 --> 00:13:34,160
- Well,
all this stuff
335
00:13:34,160 --> 00:13:36,160
falls under our strategy
in defending--
336
00:13:36,160 --> 00:13:39,080
- Yeah, and it's your strategy
that you're being sued for.
337
00:13:39,080 --> 00:13:40,140
- You can't pierce work product.
338
00:13:40,140 --> 00:13:42,000
If you could, then--
339
00:13:42,000 --> 00:13:44,010
- Look, this is a simple cause
of action.
340
00:13:44,010 --> 00:13:45,040
He's saying
that you didn't have
341
00:13:45,040 --> 00:13:46,100
a good faith belief
342
00:13:46,100 --> 00:13:47,150
for pointing your finger
at the brother.
343
00:13:47,150 --> 00:13:49,060
He's entitled to explore that.
344
00:13:49,060 --> 00:13:50,170
- It isn't that simple.
If you allow lawyers to--
345
00:13:50,170 --> 00:13:53,020
- I'm making it that simple.
346
00:13:53,020 --> 00:13:55,200
Now, you answer all
of these questions truthfully,
347
00:13:55,200 --> 00:13:57,130
completely,
348
00:13:57,130 --> 00:13:59,170
or I'll enter a judgment
for the plaintiff right now.
349
00:14:04,030 --> 00:14:05,150
- I'd appeal it right now.
Get it certified to SJC.
350
00:14:05,150 --> 00:14:06,190
- And if we lose,
then we're right back
351
00:14:06,190 --> 00:14:08,100
before this guy...
- Hold on.
352
00:14:08,100 --> 00:14:10,020
- Who will be even more angry
than he already is.
353
00:14:10,020 --> 00:14:11,110
- You weren't afraid
of pissing off Judge Hiller
354
00:14:11,110 --> 00:14:12,180
in the Pearson trial.
355
00:14:12,180 --> 00:14:13,210
- That was after the verdict,
Ellenor.
356
00:14:13,210 --> 00:14:15,090
This guy's the trial judge.
357
00:14:15,090 --> 00:14:17,000
- We can't be answering
questions about Plan B.
358
00:14:17,000 --> 00:14:18,050
- We can't be going into trial
with a judge
359
00:14:18,050 --> 00:14:19,100
who is biased against us.
360
00:14:19,100 --> 00:14:20,080
- We're dead.
- Table it.
361
00:14:24,220 --> 00:14:27,030
- Hey, guys.
362
00:14:27,030 --> 00:14:28,050
Look.
363
00:14:28,050 --> 00:14:30,060
I know this sounds self-serving
364
00:14:30,060 --> 00:14:32,090
or like I'm trying
to have it both ways.
365
00:14:32,090 --> 00:14:34,090
The truth is,
I really don't like
366
00:14:34,090 --> 00:14:37,100
suing other lawyers,
especially a small firm.
367
00:14:37,100 --> 00:14:41,060
I feel like we're
from the same club.
368
00:14:41,060 --> 00:14:42,200
That aside,
I am suing you,
369
00:14:42,200 --> 00:14:45,070
and you guys
face some serious exposure;
370
00:14:45,070 --> 00:14:48,000
not just moneywise,
but public relations too.
371
00:14:48,000 --> 00:14:49,010
Be smart.
372
00:14:49,010 --> 00:14:50,190
Settle this.
373
00:14:50,190 --> 00:14:54,230
I won't push for anything
beyond your policy limit.
374
00:14:54,230 --> 00:14:57,100
You know I'm right.
375
00:14:57,100 --> 00:14:58,230
Let's not be silly.
376
00:15:06,070 --> 00:15:07,200
- Me?
377
00:15:07,200 --> 00:15:09,090
- We've given it a lot
of thought, and--
378
00:15:09,090 --> 00:15:11,060
- Oh, isn't this just a little
too incestuous?
379
00:15:11,060 --> 00:15:13,230
I've slept with Bobby Donnell,
my roommate is Lindsay Dole.
380
00:15:13,230 --> 00:15:15,140
- And you've gone up
against them before, so--
381
00:15:15,140 --> 00:15:18,000
- Yes, which has never proven
to be a very good idea.
382
00:15:18,000 --> 00:15:20,110
- I know it's asking a lot,
but there's a lot of heat here.
383
00:15:20,110 --> 00:15:22,100
Dead babies make good copy.
384
00:15:22,100 --> 00:15:24,140
- Do you know how much
of a personal life I have?
385
00:15:24,140 --> 00:15:25,220
Lindsay's my best friend.
386
00:15:25,220 --> 00:15:27,160
Bobby's a friend too.
Even--
387
00:15:27,160 --> 00:15:29,100
- They just sandbagged you
in open court.
388
00:15:29,100 --> 00:15:31,070
How can you--
- That was Ellenor Frutt.
389
00:15:31,070 --> 00:15:32,070
- Helen...
390
00:15:36,100 --> 00:15:38,070
You, better than anybody,
know this firm.
391
00:15:38,070 --> 00:15:40,030
You're the only D.A.
we have that seems
392
00:15:40,030 --> 00:15:42,020
to be able to beat them.
393
00:15:42,020 --> 00:15:44,020
We need you.
394
00:15:44,020 --> 00:15:46,000
The case wobbles as it is.
395
00:15:51,010 --> 00:15:53,090
- I tendered his name as soon
as I became aware of him.
396
00:15:53,090 --> 00:15:54,210
- It's unfair surprise,
Your Honor.
397
00:15:54,210 --> 00:15:56,150
- There's no real surprise,
Your Honor.
398
00:15:56,150 --> 00:15:58,190
This witness corroborates
my client's alibi, which--
399
00:15:58,190 --> 00:16:00,200
- The defendant
obviously feels he's losing,
400
00:16:00,200 --> 00:16:02,180
so he found someone
to lie for him.
401
00:16:02,180 --> 00:16:06,020
- I don't understand why,
if this is your client's friend,
402
00:16:06,020 --> 00:16:08,230
you didn't know
about him any sooner.
403
00:16:08,230 --> 00:16:10,040
- Your Honor, as soon
404
00:16:10,040 --> 00:16:12,040
as I became aware
of this witness,
405
00:16:12,040 --> 00:16:13,140
as soon as I had the opportunity
406
00:16:13,140 --> 00:16:15,230
to talk with him,
I tendered his name.
407
00:16:15,230 --> 00:16:18,000
- [sighs]
408
00:16:18,000 --> 00:16:19,150
I'll cut you a little slack
this time.
409
00:16:19,150 --> 00:16:22,000
I'll grant a continuance
until 9:00 tomorrow
410
00:16:22,000 --> 00:16:23,130
so you can prepare
for the witness.
411
00:16:27,100 --> 00:16:28,180
[dog barks]
412
00:16:28,180 --> 00:16:30,070
- Andrew, come get your jacket,
honey.
413
00:16:30,070 --> 00:16:31,160
Elizabeth, don't touch that,
now.
414
00:16:31,160 --> 00:16:33,160
Here.
Put your jacket on.
415
00:16:33,160 --> 00:16:36,170
Guys, take the pumpkin bread
to Mr. Kelly, one each.
416
00:16:36,170 --> 00:16:38,000
Thank you.
417
00:16:38,000 --> 00:16:39,180
Bye-bye.
418
00:16:46,010 --> 00:16:48,010
- The report was not great.
419
00:16:48,010 --> 00:16:49,150
- What do you mean?
420
00:16:49,150 --> 00:16:54,150
- The psychiatrist
thinks you could be in denial.
421
00:16:54,150 --> 00:16:55,220
- What?
422
00:16:55,220 --> 00:16:57,070
- He makes room
for the possibility
423
00:16:57,070 --> 00:16:58,200
that you don't even have
a memory of it;
424
00:16:58,200 --> 00:17:00,120
that's why you passed
a polygraph.
425
00:17:00,120 --> 00:17:01,220
- [scoffs]
426
00:17:01,220 --> 00:17:05,160
He's saying
that I committed a murder,
427
00:17:05,160 --> 00:17:08,090
but I don't have
a memory of it?
428
00:17:08,090 --> 00:17:09,210
- It was a court ordered report.
429
00:17:09,210 --> 00:17:11,040
It can't be introduced,
430
00:17:11,040 --> 00:17:13,040
so I'm not even
worried about it.
431
00:17:13,040 --> 00:17:17,120
But it doesn't encourage
the D.A. to let you go, either.
432
00:17:17,120 --> 00:17:19,010
Speaking of which,
433
00:17:19,010 --> 00:17:21,100
we just got a little bit
more bad news there too.
434
00:17:21,100 --> 00:17:24,060
Helen Gamble
will be prosecuting.
435
00:17:24,060 --> 00:17:25,130
- Who's Helen Gamble?
436
00:17:25,130 --> 00:17:28,030
- One of their best
on homicides.
437
00:17:28,030 --> 00:17:30,100
She and I
also used to be involved.
438
00:17:30,100 --> 00:17:32,070
She lives with another lawyer
at my firm.
439
00:17:32,070 --> 00:17:33,230
She knows us all very well.
440
00:17:33,230 --> 00:17:36,050
I suspect that's why
she's been put on.
441
00:17:36,050 --> 00:17:38,130
But it's not all bad.
442
00:17:38,130 --> 00:17:40,030
I know her style too.
443
00:17:40,030 --> 00:17:43,010
- You've tried cases
against her before?
444
00:17:43,010 --> 00:17:47,110
- Several times.
- Who usually wins?
445
00:17:47,110 --> 00:17:49,170
- It comes down more
to the facts than the lawyers.
446
00:17:49,170 --> 00:17:50,230
- So she usually wins?
447
00:17:50,230 --> 00:17:52,160
- Their case
is very circumstantial,
448
00:17:52,160 --> 00:17:55,150
and since you were
the last one with the baby--
449
00:17:55,150 --> 00:17:57,020
- The father did it.
450
00:17:57,020 --> 00:17:58,230
People have seen him be abusive.
He--
451
00:17:58,230 --> 00:18:03,110
- But Kevin was with you
when he stopped breathing.
452
00:18:03,110 --> 00:18:05,040
It may not be proof you did it,
453
00:18:05,040 --> 00:18:07,070
but it sure as hell
gives reasonable doubt
454
00:18:07,070 --> 00:18:08,170
to the father.
455
00:18:12,010 --> 00:18:14,170
- That's why they are
prosecuting me, isn't it?
456
00:18:14,170 --> 00:18:17,060
The public wants a conviction,
457
00:18:17,060 --> 00:18:19,000
and I'm the only one
they can get.
458
00:18:22,080 --> 00:18:24,020
- It's possible.
459
00:18:32,030 --> 00:18:33,090
I want you to talk
to everybody.
460
00:18:33,090 --> 00:18:34,090
Anybody who knows her.
461
00:18:34,090 --> 00:18:35,170
Our whole defense might be,
462
00:18:35,170 --> 00:18:37,140
"It's not in her character."
- Okay.
463
00:18:37,140 --> 00:18:39,040
- Ellenor, I'd like you to go
for the medical,
464
00:18:39,040 --> 00:18:40,080
see if anything is unanswered.
465
00:18:40,080 --> 00:18:41,230
Pre-existing conditions--
466
00:18:41,230 --> 00:18:43,130
- The cause of death
isn't in question, Bobby.
467
00:18:43,130 --> 00:18:45,030
The autopsy is--
- I don't want to assume that.
468
00:18:45,030 --> 00:18:46,220
If the autopsy
is accurate, fine.
469
00:18:46,220 --> 00:18:50,150
But let's not be giving them
the benefit of the doubt.
470
00:18:50,150 --> 00:18:53,070
- Is it just me,
or is this a perfect Plan B?
471
00:18:53,070 --> 00:18:55,000
We've got an abusive father
472
00:18:55,000 --> 00:18:56,160
and we're just running scared
because we got sued.
473
00:18:56,160 --> 00:18:58,040
- Nobody's running scared.
474
00:18:58,040 --> 00:19:01,130
We'll go after the father
if we have to.
475
00:19:01,130 --> 00:19:03,040
What's the deal on the other?
476
00:19:03,040 --> 00:19:04,130
- Eugene's depo
resumes tomorrow.
477
00:19:04,130 --> 00:19:06,000
- 2:00.
478
00:19:06,000 --> 00:19:07,080
- May I make a very
unpopular suggestion?
479
00:19:07,080 --> 00:19:08,210
- Forget it.
480
00:19:08,210 --> 00:19:10,160
- If we were representing
another firm being sued
481
00:19:10,160 --> 00:19:12,150
for this, we would absolutely
be recommending settlement.
482
00:19:12,150 --> 00:19:14,110
- It's not another firm.
It's us.
483
00:19:14,110 --> 00:19:16,030
- Our policy
limit is $1.5 million.
484
00:19:16,030 --> 00:19:18,090
Suppose a jury slaps us
with a $3 million judgment.
485
00:19:18,090 --> 00:19:20,110
It's not just everything
in this office we lose.
486
00:19:20,110 --> 00:19:22,010
We're named personally.
487
00:19:22,010 --> 00:19:23,170
They'll take our cars,
our refrigerators--
488
00:19:23,170 --> 00:19:25,200
- If we settle this,
it's an admission of liability.
489
00:19:25,200 --> 00:19:28,080
There will be headlines
in every legal publication.
490
00:19:28,080 --> 00:19:30,000
- That's not true.
- It is true, Lindsay.
491
00:19:30,000 --> 00:19:31,170
And on principle,
how do we cave?
492
00:19:31,170 --> 00:19:33,140
- Forget principle,
I'm talking about surviving--
493
00:19:33,140 --> 00:19:35,120
- Which we won't do
without principle.
494
00:19:35,120 --> 00:19:37,000
Now, the practice
of law may only amount
495
00:19:37,000 --> 00:19:38,150
to a conference table to you.
496
00:19:38,150 --> 00:19:39,220
With me, it's more.
497
00:19:39,220 --> 00:19:41,120
- All right.
- Who are you kidding?
498
00:19:41,120 --> 00:19:43,000
You stood up in open court
499
00:19:43,000 --> 00:19:44,170
and accused a brother
of killing his sister?
500
00:19:44,170 --> 00:19:46,010
You're gonna claim
the high road?
501
00:19:46,010 --> 00:19:47,150
- We all agreed
to Plan B the guy.
502
00:19:47,150 --> 00:19:48,170
- A soft Plan B.
503
00:19:48,170 --> 00:19:50,040
He went for the throat.
504
00:19:50,040 --> 00:19:51,190
Now we're getting sued.
505
00:19:51,190 --> 00:19:53,150
You not only owe an apology
to that kid,
506
00:19:53,150 --> 00:19:54,210
you owe one
to the rest of us here
507
00:19:54,210 --> 00:19:56,130
who you put at risk.
- Hey, Lindsay,
508
00:19:56,130 --> 00:19:58,020
you're the one who first told us
to go after the brother.
509
00:19:58,020 --> 00:19:59,140
- Not like that, I didn't.
510
00:19:59,140 --> 00:20:02,000
I said raise the question.
511
00:20:02,000 --> 00:20:03,040
A jury's gonna kill us.
512
00:20:03,040 --> 00:20:04,060
- All right, that'll do.
513
00:20:06,230 --> 00:20:08,100
At a minimum,
Lindsay
514
00:20:08,100 --> 00:20:11,010
may be right
about outside counsel.
515
00:20:11,010 --> 00:20:12,230
I'm gonna look
to bring somebody else in.
516
00:20:22,100 --> 00:20:23,170
- Should I send it back?
517
00:20:23,170 --> 00:20:25,230
I mean,
it was supposed to be chocolate.
518
00:20:25,230 --> 00:20:28,200
This is German chocolate.
519
00:20:28,200 --> 00:20:29,210
Puke.
520
00:20:29,210 --> 00:20:32,110
- Will she care?
521
00:20:32,110 --> 00:20:34,070
- Jimmy, it's got coconut bits.
522
00:20:34,070 --> 00:20:36,000
- It's just a cake, Lucy.
523
00:20:36,000 --> 00:20:39,040
- How often does a person
get sworn in to be a lawyer?
524
00:20:39,040 --> 00:20:41,030
You know, this is a big thing,
Jimmy.
525
00:20:41,030 --> 00:20:42,170
You don't celebrate big things
526
00:20:42,170 --> 00:20:45,100
with German puke
coconut bit chocolate.
527
00:20:45,100 --> 00:20:46,140
[door squeaks, clatters shut]
528
00:20:48,110 --> 00:20:49,210
Serial killer.
529
00:20:49,210 --> 00:20:50,200
I'm on break.
530
00:20:53,000 --> 00:20:54,150
- Can I help you?
531
00:20:54,150 --> 00:20:57,130
- Uh, yeah, I'm looking
for a Rebecca Washington.
532
00:20:57,130 --> 00:20:59,110
- Mr. Ronzoni.
- Yeah.
533
00:20:59,110 --> 00:21:01,160
Look, I'm having some
second thoughts about this.
534
00:21:01,160 --> 00:21:03,110
Can't I do this, like,
by affidavit or--
535
00:21:03,110 --> 00:21:06,030
- I don't think you can.
- Suppose they dig up my record?
536
00:21:06,030 --> 00:21:07,150
- You've already done your time
for that.
537
00:21:07,150 --> 00:21:11,060
They can't do anything.
538
00:21:11,060 --> 00:21:13,070
Look, I will just ask you
a few questions,
539
00:21:13,070 --> 00:21:14,090
keep it short.
540
00:21:16,110 --> 00:21:19,020
- What questions exactly?
541
00:21:19,020 --> 00:21:21,110
- Do you recall
where you were on August 14th
542
00:21:21,110 --> 00:21:23,000
at 1:30 in the morning?
543
00:21:23,000 --> 00:21:24,010
- Uh, yeah.
544
00:21:24,010 --> 00:21:25,130
I was at Little Freddie's,
545
00:21:25,130 --> 00:21:28,110
a bar on Franklin
near the corner of 15th.
546
00:21:28,110 --> 00:21:30,220
- Did anyone accompany you
to the bar that night?
547
00:21:30,220 --> 00:21:33,080
- Yes.
Russell Thurm.
548
00:21:33,080 --> 00:21:38,030
We arrived together around 11:00
and left together about 2:00.
549
00:21:38,030 --> 00:21:39,120
- From 11:00
till 2:00,
550
00:21:39,120 --> 00:21:42,090
were you ever
apart from Mr. Thurm?
551
00:21:42,090 --> 00:21:44,210
- Other than a couple minutes
for a bathroom run, no.
552
00:21:44,210 --> 00:21:46,120
- Well, how can you be sure
that it was
553
00:21:46,120 --> 00:21:48,150
August 14th
that you were together?
554
00:21:48,150 --> 00:21:51,180
- Well, I have
a credit card receipt.
555
00:21:51,180 --> 00:21:56,210
- Is this the receipt
you are referring to?
556
00:21:56,210 --> 00:21:59,080
- Yeah.
- Mark and identify, Your Honor?
557
00:21:59,080 --> 00:22:00,200
- Mark exhibit seven.
558
00:22:00,200 --> 00:22:04,050
- Could you please read
the highlighted portion?
559
00:22:04,050 --> 00:22:07,140
- Little Freddie's, $31.78.
560
00:22:07,140 --> 00:22:11,070
Peter T. Ronzoni,
August 14th, 1998.
561
00:22:11,070 --> 00:22:14,140
1:57 a.m.
562
00:22:14,140 --> 00:22:17,040
- Thank you.
563
00:22:17,040 --> 00:22:18,130
- Russell Thurm's name
564
00:22:18,130 --> 00:22:20,110
appears nowhere
on this receipt, does it?
565
00:22:20,110 --> 00:22:22,080
- Why would his name
be on my receipt?
566
00:22:22,080 --> 00:22:24,000
- So all the receipt
proves
567
00:22:24,000 --> 00:22:25,130
is that you were in the bar
that night, doesn't it?
568
00:22:25,130 --> 00:22:27,060
- Objection.
- Sustained.
569
00:22:27,060 --> 00:22:29,180
- You consider Russell Thurm
a friend?
570
00:22:29,180 --> 00:22:30,190
- Yeah.
571
00:22:30,190 --> 00:22:32,130
- A good friend?
- I guess.
572
00:22:32,130 --> 00:22:33,180
- You don't want
to see your good friend
573
00:22:33,180 --> 00:22:35,020
go to jail, do you?
574
00:22:35,020 --> 00:22:36,170
- No.
575
00:22:36,170 --> 00:22:38,100
- You stayed in that bar
until 2:00, huh?
576
00:22:38,100 --> 00:22:40,200
- Yes.
- Didn't leave before closing?
577
00:22:40,200 --> 00:22:42,000
- Right.
578
00:22:43,160 --> 00:22:44,140
- Right.
579
00:22:56,170 --> 00:22:58,070
- I really appreciate
you talking to me.
580
00:22:58,070 --> 00:23:00,140
- You know, Mr. Berluti,
my entire congregation
581
00:23:00,140 --> 00:23:03,030
would have been here
if you had asked them.
582
00:23:03,030 --> 00:23:05,010
- You don't think
Evelyn could have done this?
583
00:23:05,010 --> 00:23:07,120
- It's beyond any possibility.
584
00:23:07,120 --> 00:23:09,050
I won't throw
around the "saint" word,
585
00:23:09,050 --> 00:23:11,190
but Evelyn Mayfield
is not only a gentle woman,
586
00:23:11,190 --> 00:23:14,190
she's one of the most loving.
587
00:23:14,190 --> 00:23:16,060
She's probably
babysat the children
588
00:23:16,060 --> 00:23:19,110
of over half the congregation.
589
00:23:19,110 --> 00:23:23,050
- Nobody's ever complained
that she had a temper or,
590
00:23:23,050 --> 00:23:24,070
you know,
591
00:23:24,070 --> 00:23:26,050
used corporal punishment?
592
00:23:26,050 --> 00:23:27,200
- No.
593
00:23:27,200 --> 00:23:31,180
Mr. Berluti, they're still
calling her to babysit.
594
00:23:31,180 --> 00:23:34,140
Now, I may not be the world's
best judge of character,
595
00:23:34,140 --> 00:23:38,080
but they've got
the wrong person.
596
00:23:38,080 --> 00:23:40,120
- You know the father
of the victim.
597
00:23:40,120 --> 00:23:43,080
- I do.
He's in the congregation.
598
00:23:43,080 --> 00:23:45,200
- You think
he could have done this?
599
00:23:45,200 --> 00:23:48,040
- I really don't feel
comfortable commenting on that.
600
00:23:51,170 --> 00:23:53,200
- We saw that he was
basically unaccounted for
601
00:23:53,200 --> 00:23:55,170
at the time of the crime.
602
00:23:55,170 --> 00:23:57,040
That raised suspicion.
603
00:23:57,040 --> 00:23:59,050
- Did you have any evidence
of Steve Robin
604
00:23:59,050 --> 00:24:01,110
having a history of violence?
- No, but that doesn't mean--
605
00:24:01,110 --> 00:24:03,120
- The answer
to the question was no.
606
00:24:03,120 --> 00:24:05,090
- Doesn't mean what?
607
00:24:05,090 --> 00:24:06,220
- The answer was no.
608
00:24:09,080 --> 00:24:12,080
- Are you familiar with the term
"Plan B"?
609
00:24:14,210 --> 00:24:16,040
- This is work product.
610
00:24:16,040 --> 00:24:17,140
- If we go back
before the judge--
611
00:24:17,140 --> 00:24:18,230
- I don't want
to be giving this--
612
00:24:18,230 --> 00:24:24,090
- Just give the answer
we discussed.
613
00:24:24,090 --> 00:24:26,170
- Yes, I'm familiar
with the term.
614
00:24:26,170 --> 00:24:29,120
- Could you define it, please?
615
00:24:29,120 --> 00:24:31,030
- Sometimes,
when we have clients
616
00:24:31,030 --> 00:24:32,170
we feel did not commit the crime
617
00:24:32,170 --> 00:24:35,010
with which he or she is charged,
618
00:24:35,010 --> 00:24:37,150
instead of simply aiming
to establish reasonable doubt,
619
00:24:37,150 --> 00:24:39,090
which we would consider plan A,
620
00:24:39,090 --> 00:24:41,050
we endeavor to raise
the possibility
621
00:24:41,050 --> 00:24:42,190
of perhaps another suspect
622
00:24:42,190 --> 00:24:44,090
who had motive and opportunity
623
00:24:44,090 --> 00:24:46,090
to commit the crime.
624
00:24:46,090 --> 00:24:48,040
We call that "Plan B."
625
00:24:48,040 --> 00:24:52,140
- You point the finger
at somebody else?
626
00:24:52,140 --> 00:24:53,230
- Yes.
627
00:24:53,230 --> 00:24:55,120
- And in the Vogelman trial,
628
00:24:55,120 --> 00:24:57,140
you pointed the finger
at Steve Robin.
629
00:24:57,140 --> 00:24:59,150
- We raised the question
as to his motive
630
00:24:59,150 --> 00:25:04,140
and opportunity.
631
00:25:04,140 --> 00:25:08,000
- It went okay.
I think we have a good shot.
632
00:25:08,000 --> 00:25:09,150
- What happens next?
633
00:25:09,150 --> 00:25:11,080
- Closing arguments;
then we wait for the verdict.
634
00:25:11,080 --> 00:25:13,080
- Well, I don't got to be here
for any of that, right?
635
00:25:13,080 --> 00:25:14,190
- No.
636
00:25:14,190 --> 00:25:15,200
Hello?
637
00:25:20,010 --> 00:25:22,040
What?
638
00:25:22,040 --> 00:25:24,120
- I taped as much as I could.
639
00:25:24,120 --> 00:25:27,010
- Annie Shaw is believed
to be the tenth victim
640
00:25:27,010 --> 00:25:29,220
of the now infamous
harbor stranglers.
641
00:25:29,220 --> 00:25:32,150
At 15, she would also
be the youngest victim
642
00:25:32,150 --> 00:25:34,130
of these grisly killers.
643
00:25:34,130 --> 00:25:36,090
Though police
are releasing few details
644
00:25:36,090 --> 00:25:38,170
at this hour, we do know this.
645
00:25:38,170 --> 00:25:41,210
Her naked body was found
by a homeless man on Tuesday.
646
00:25:41,210 --> 00:25:45,030
At this hour, it appears
Ms. Shaw was abducted
647
00:25:45,030 --> 00:25:49,200
while walking home
from a friend's house.
648
00:25:49,200 --> 00:25:51,140
- It doesn't change anything,
Beck.
649
00:25:51,140 --> 00:25:52,210
- It doesn't change anything?
650
00:25:52,210 --> 00:25:54,150
Bobby, they just
killed somebody else.
651
00:25:54,150 --> 00:25:56,090
- You don't know it was them.
652
00:25:56,090 --> 00:25:58,030
You don't know
they're the killers.
653
00:25:58,030 --> 00:26:00,050
You don't know they're gonna
hurt somebody else.
654
00:26:00,050 --> 00:26:02,060
You have no legal right
to do anything.
655
00:26:02,060 --> 00:26:04,030
- Legal?
What about moral right?
656
00:26:04,030 --> 00:26:05,140
- That oath
you're about to take tomorrow
657
00:26:05,140 --> 00:26:06,160
has nothing to do
with moral rights.
658
00:26:06,160 --> 00:26:08,010
- Oh, please.
659
00:26:08,010 --> 00:26:09,090
Spoken just like a true
defense attorney.
660
00:26:09,090 --> 00:26:10,220
- Which you are on this case.
661
00:26:14,120 --> 00:26:15,130
[sighs]
662
00:26:15,130 --> 00:26:16,130
Sit.
663
00:26:24,040 --> 00:26:26,170
This is the worst part
664
00:26:26,170 --> 00:26:29,210
of the job, Rebecca.
665
00:26:29,210 --> 00:26:32,120
But it does go with the job.
666
00:26:32,120 --> 00:26:34,040
I know you know,
667
00:26:34,040 --> 00:26:35,120
'cause you've seen
me and Eugene
668
00:26:35,120 --> 00:26:36,230
and everybody here
669
00:26:36,230 --> 00:26:40,140
agonize over
this same kind of situation.
670
00:26:40,140 --> 00:26:42,220
The reason
you're so frustrated is...
671
00:26:46,070 --> 00:26:50,050
is because you know
you don't have a choice.
672
00:26:55,090 --> 00:26:56,210
- My feeling is,
673
00:26:56,210 --> 00:26:58,140
she's very much
the wonderful person they claim.
674
00:26:58,140 --> 00:27:00,190
- A wonderful person
who shook a baby to death.
675
00:27:00,190 --> 00:27:03,000
- Well, that's why I think
denial is possible.
676
00:27:03,000 --> 00:27:05,030
It would be unconscionable
to hurt a child.
677
00:27:05,030 --> 00:27:07,140
Inconceivable
to her that she could hurt him.
678
00:27:07,140 --> 00:27:10,150
So if she snapped,
she may have blocked it out.
679
00:27:10,150 --> 00:27:12,090
- Mm, I'm hearing
too many "if"s.
680
00:27:12,090 --> 00:27:14,050
I'm not walking into court
with "if."
681
00:27:14,050 --> 00:27:16,120
Did she do this or not?
682
00:27:16,120 --> 00:27:18,170
- I'm not saying she did it.
You're saying she did.
683
00:27:18,170 --> 00:27:20,010
- What's going on?
684
00:27:20,010 --> 00:27:21,120
- Did you not find
she was in denial?
685
00:27:21,120 --> 00:27:23,080
- You asked me
to evaluate this person
686
00:27:23,080 --> 00:27:25,070
to determine if she was
psychologically capable of--
687
00:27:25,070 --> 00:27:27,180
- We asked you
in your professional opinion
688
00:27:27,180 --> 00:27:29,050
if she committed the crime.
689
00:27:29,050 --> 00:27:30,150
- Well, that's ridiculous
to ask me.
690
00:27:30,150 --> 00:27:31,220
That--I don't know the facts.
691
00:27:31,220 --> 00:27:34,230
- All right. All right.
Hold on.
692
00:27:34,230 --> 00:27:37,010
If you don't think she did it,
693
00:27:37,010 --> 00:27:39,050
how the hell do you find
her to be in denial?
694
00:27:39,050 --> 00:27:40,140
- Look, Ms. Gamble,
I don't need--
695
00:27:40,140 --> 00:27:44,030
- All right, doctor,
just tell us.
696
00:27:44,030 --> 00:27:46,130
- I found a pattern
of denial with her.
697
00:27:46,130 --> 00:27:49,040
When she's pushed, she retreats
into God and her religion.
698
00:27:49,040 --> 00:27:51,230
There were certain memory lapses
she couldn't account for.
699
00:27:51,230 --> 00:27:55,040
But I don't think she was lying.
700
00:27:55,040 --> 00:27:57,000
- I'm very confused here.
701
00:27:57,000 --> 00:27:58,100
- The baby died in her custody.
702
00:27:58,100 --> 00:27:59,190
There are things
she didn't remember.
703
00:27:59,190 --> 00:28:04,070
My suspicion
is her memory is blocked,
704
00:28:04,070 --> 00:28:08,050
and she's the one blocking it.
705
00:28:08,050 --> 00:28:12,090
- I want to offer manslaughter.
706
00:28:12,090 --> 00:28:14,030
- Go ahead.
707
00:28:16,050 --> 00:28:18,050
[knocking at door]
708
00:28:18,050 --> 00:28:19,080
- Come in.
709
00:28:22,100 --> 00:28:23,110
Ms. Washington?
710
00:28:28,100 --> 00:28:30,000
- I'd like to withdraw
from the case.
711
00:28:31,220 --> 00:28:33,080
- [sighs]
712
00:28:33,080 --> 00:28:34,120
On what grounds?
713
00:28:34,120 --> 00:28:36,070
- Irreconcilable differences.
714
00:28:36,070 --> 00:28:38,020
- You're gonna
have to do better.
715
00:28:41,130 --> 00:28:43,030
- Hypothetically,
716
00:28:43,030 --> 00:28:45,050
let's just say
a lawyer has reason
717
00:28:45,050 --> 00:28:48,120
to believe his client
is a serial killer.
718
00:28:48,120 --> 00:28:52,190
Would that be legal cause?
719
00:28:52,190 --> 00:28:54,180
- Is your client
asking you to commit a crime
720
00:28:54,180 --> 00:28:57,060
or fraud?
- No, but--
721
00:28:57,060 --> 00:29:00,170
- Your request
to withdraw is denied.
722
00:29:00,170 --> 00:29:03,190
- Hypothetically, what
if he's about to commit a crime.
723
00:29:03,190 --> 00:29:05,180
- You have knowledge of that?
724
00:29:05,180 --> 00:29:07,220
- Well, not specific knowledge,
but common sense.
725
00:29:07,220 --> 00:29:10,180
- Common sense?
726
00:29:10,180 --> 00:29:13,120
You you realize you violated
your ethical obligations
727
00:29:13,120 --> 00:29:15,030
coming in here with this?
728
00:29:15,030 --> 00:29:17,070
- You asked
whether I have legal cause.
729
00:29:17,070 --> 00:29:19,040
I just posed a hypothetical.
730
00:29:19,040 --> 00:29:23,050
- Counsel, I'm going to give you
the benefit of intelligence
731
00:29:23,050 --> 00:29:27,010
and assume that you knew
before you walked in here
732
00:29:27,010 --> 00:29:29,020
that you didn't have cause.
733
00:29:29,020 --> 00:29:32,080
- Look, if a client doesn't pay,
734
00:29:32,080 --> 00:29:34,080
that's legal cause to withdraw.
735
00:29:34,080 --> 00:29:36,110
I figured something
a little more serious,
736
00:29:36,110 --> 00:29:38,200
like rape or murder,
might qualify too.
737
00:29:38,200 --> 00:29:40,040
- Yes,
and you figured
738
00:29:40,040 --> 00:29:41,190
if you couched it
as a hypothetical
739
00:29:41,190 --> 00:29:44,100
you could make an end run
around the legal ethics
740
00:29:44,100 --> 00:29:46,110
and that maybe I would pass
on the information
741
00:29:46,110 --> 00:29:47,170
to the police.
742
00:29:47,170 --> 00:29:48,230
You were wrong.
743
00:29:48,230 --> 00:29:50,110
- Suppose he kills
somebody else.
744
00:29:50,110 --> 00:29:52,010
- Counsel, I...
745
00:29:58,040 --> 00:29:59,050
Did you come in here
for me
746
00:29:59,050 --> 00:30:00,130
to make it easier for you?
747
00:30:02,190 --> 00:30:04,180
I will.
748
00:30:04,180 --> 00:30:07,020
Go and prepare your closing.
749
00:30:07,020 --> 00:30:09,220
And if I have
the slightest suspicion
750
00:30:09,220 --> 00:30:12,130
that you are not vigorously
defending your client,
751
00:30:12,130 --> 00:30:14,150
I will, I promise you,
752
00:30:14,150 --> 00:30:17,160
turn you over
to the board of bar overseers.
753
00:30:17,160 --> 00:30:19,200
I will report
that you passed on information
754
00:30:19,200 --> 00:30:21,070
prejudicing your client,
755
00:30:21,070 --> 00:30:23,190
that you tried
to bias me against him,
756
00:30:23,190 --> 00:30:26,080
and that you threw the case.
757
00:30:26,080 --> 00:30:29,040
And you won't even make it
to tomorrow's ceremony.
758
00:30:33,190 --> 00:30:35,160
Now say, "Thank you,"
759
00:30:35,160 --> 00:30:36,220
and go.
760
00:30:52,030 --> 00:30:53,120
- Manslaughter, best we can do.
761
00:30:53,120 --> 00:30:54,170
- She didn't do it, Helen.
762
00:30:54,170 --> 00:30:56,130
- Coroner's telling me she did.
763
00:30:56,130 --> 00:30:57,160
- It was the father.
764
00:30:57,160 --> 00:30:59,080
- Oh, come on, Bobby.
765
00:30:59,080 --> 00:31:00,220
Don't you think
we'd like it to be the father?
766
00:31:00,220 --> 00:31:02,010
History of abuse.
767
00:31:02,010 --> 00:31:03,170
Tendency towards violence.
768
00:31:03,170 --> 00:31:05,130
He was the obvious suspect,
769
00:31:05,130 --> 00:31:08,190
but the doctors tell us
the death was immediate.
770
00:31:08,190 --> 00:31:12,090
Evelyn Mayfield
was the only one there.
771
00:31:12,090 --> 00:31:15,130
Is it true her church
is paying her legal fees?
772
00:31:15,130 --> 00:31:17,200
- Yeah.
773
00:31:17,200 --> 00:31:20,020
Helen, friend to friend?
774
00:31:20,020 --> 00:31:21,150
- Oh, yes, let's trade
on that trust thing
775
00:31:21,150 --> 00:31:23,060
I've got going with your office.
776
00:31:23,060 --> 00:31:24,080
- I think she's innocent.
777
00:31:24,080 --> 00:31:25,210
- Bobby, you always do.
778
00:31:25,210 --> 00:31:27,110
- And you always
think they're guilty.
779
00:31:27,110 --> 00:31:29,220
- Well, that's probably
why we didn't work out.
780
00:31:36,070 --> 00:31:38,020
I'll give you manslaughter.
781
00:31:41,140 --> 00:31:43,160
- Ms. Washington?
782
00:31:48,070 --> 00:31:49,230
Ms. Washington?
783
00:32:02,110 --> 00:32:06,020
- This may seem like just
a simple burglary case,
784
00:32:06,020 --> 00:32:08,190
but there's much more at stake.
785
00:32:08,190 --> 00:32:10,080
I promise you that.
786
00:32:14,130 --> 00:32:19,060
It's the integrity
of our criminal justice system.
787
00:32:19,060 --> 00:32:23,160
That system is designed
to preserve people's rights.
788
00:32:23,160 --> 00:32:27,000
We go to great lengths
to do that.
789
00:32:27,000 --> 00:32:30,080
One right is that someone
can't be found guilty
790
00:32:30,080 --> 00:32:31,100
without proof
791
00:32:31,100 --> 00:32:34,200
beyond a reasonable doubt.
792
00:32:34,200 --> 00:32:36,170
What do we have here?
793
00:32:36,170 --> 00:32:38,150
A nighttime I.D.,
794
00:32:38,150 --> 00:32:41,100
boxes covering
the burglar's face,
795
00:32:41,100 --> 00:32:45,050
the security guard
catching a momentary glimpse.
796
00:32:45,050 --> 00:32:48,100
That is their entire case.
797
00:32:48,100 --> 00:32:51,130
Not a big part, not most,
798
00:32:51,130 --> 00:32:55,140
but their entire case.
799
00:32:55,140 --> 00:32:57,220
A few seconds
as the suspect
800
00:32:57,220 --> 00:33:00,060
was running away
in the opposite direction
801
00:33:00,060 --> 00:33:02,190
with boxes blocking his face?
802
00:33:02,190 --> 00:33:06,160
Beyond a reasonable doubt?
803
00:33:06,160 --> 00:33:10,090
Add to that,
my client has an alibi.
804
00:33:10,090 --> 00:33:13,070
Mr. Ronzoni placed him at a bar
805
00:33:13,070 --> 00:33:16,110
at the exact time of the crime.
806
00:33:16,110 --> 00:33:19,130
Yes, they're friends.
807
00:33:19,130 --> 00:33:22,190
But he had a credit card
receipt, didn't he?
808
00:33:22,190 --> 00:33:24,190
The D.A.
is going to try
809
00:33:24,190 --> 00:33:27,050
to get you to believe
the security guard
810
00:33:27,050 --> 00:33:30,150
more than my client's
alibi witness;
811
00:33:30,150 --> 00:33:33,020
even if you do,
812
00:33:33,020 --> 00:33:36,000
that is not enough to convict.
813
00:33:36,000 --> 00:33:37,200
Remember,
814
00:33:37,200 --> 00:33:40,200
your verdict here isn't one of
those news magazine polls
815
00:33:40,200 --> 00:33:44,160
where you dial a 900 number
and give your opinion.
816
00:33:44,160 --> 00:33:47,010
You are not here
to render your opinion
817
00:33:47,010 --> 00:33:48,230
or your hunch.
818
00:33:48,230 --> 00:33:51,160
You're here to uphold an oath,
819
00:33:51,160 --> 00:33:55,220
an oath that's the very essence
of our jury system.
820
00:33:55,220 --> 00:33:58,040
We don't take away
a man's freedom
821
00:33:58,040 --> 00:34:04,020
unless the state
satisfies a burden of proof.
822
00:34:04,020 --> 00:34:06,170
They didn't.
823
00:34:06,170 --> 00:34:08,160
They didn't even come close.
824
00:34:16,210 --> 00:34:18,080
- I don't know about you,
but I always
825
00:34:18,080 --> 00:34:19,180
find it a little suspicious
826
00:34:19,180 --> 00:34:23,090
when defense lawyers
start waxing about oaths
827
00:34:23,090 --> 00:34:24,160
and integrity
828
00:34:24,160 --> 00:34:28,030
of systems and burdens of proof.
829
00:34:28,030 --> 00:34:31,090
It usually means
they're short on facts.
830
00:34:31,090 --> 00:34:34,180
Our system
isn't to turn criminals loose.
831
00:34:34,180 --> 00:34:37,200
Integrity isn't relying
on the credit card receipt
832
00:34:37,200 --> 00:34:39,100
of a suspect's buddy
833
00:34:39,100 --> 00:34:43,000
who makes
an 11th hour appearance.
834
00:34:43,000 --> 00:34:47,150
Your oath here
was to serve justice.
835
00:34:47,150 --> 00:34:48,180
We have an eyewitness,
836
00:34:48,180 --> 00:34:51,120
an eyewitness
who saw that man
837
00:34:51,120 --> 00:34:53,170
with the laser disc players.
838
00:34:53,170 --> 00:34:55,190
Come on.
839
00:34:55,190 --> 00:34:57,110
I agree that there is more
at stake here
840
00:34:57,110 --> 00:35:00,100
than a simple burglary.
841
00:35:00,100 --> 00:35:01,200
I also agree
that there's some integrity
842
00:35:01,200 --> 00:35:04,180
on the line.
843
00:35:04,180 --> 00:35:05,200
Yours.
844
00:35:10,180 --> 00:35:11,210
[door slams]
845
00:35:13,220 --> 00:35:15,070
- Sorry.
846
00:35:15,070 --> 00:35:16,070
- How'd she do?
847
00:35:16,070 --> 00:35:18,060
- I think pretty well.
848
00:35:18,060 --> 00:35:20,050
Okay, I've consulted
three lawyers,
849
00:35:20,050 --> 00:35:21,130
all guys I trust.
850
00:35:21,130 --> 00:35:24,070
All three say settle.
851
00:35:24,070 --> 00:35:26,040
- What?
852
00:35:26,040 --> 00:35:28,200
- People in this case,
let's call them jurors,
853
00:35:28,200 --> 00:35:31,060
aren't crazy about lawyers
to begin with.
854
00:35:31,060 --> 00:35:32,230
It's not likely
they'll be too sympathetic
855
00:35:32,230 --> 00:35:34,130
to qualified immunity arguments.
856
00:35:34,130 --> 00:35:35,220
Add to that the facts,
857
00:35:35,220 --> 00:35:37,070
pinning the victim's
one brother,
858
00:35:37,070 --> 00:35:40,150
add to that Tommy Silva,
Joe Red Sox fan,
859
00:35:40,150 --> 00:35:42,040
who juries love?
860
00:35:42,040 --> 00:35:44,200
The consensus is for us
to cut our losses
861
00:35:44,200 --> 00:35:46,070
and to get out.
862
00:35:46,070 --> 00:35:48,110
- What we did in that courtroom
is protected.
863
00:35:48,110 --> 00:35:50,050
- and I'm not running
from Tommy Silva.
864
00:35:50,050 --> 00:35:51,210
We've beaten bigger guys
than him.
865
00:35:51,210 --> 00:35:53,190
We've never been people
who run scared,
866
00:35:53,190 --> 00:35:56,060
I won't bend over for this,
I want to fight.
867
00:35:56,060 --> 00:35:59,210
- So do I.
- I say settle.
868
00:35:59,210 --> 00:36:02,130
- Jimmy?
- I say fight.
869
00:36:02,130 --> 00:36:05,010
Of course, I'm not a partner.
870
00:36:05,010 --> 00:36:07,070
I'm not at risk
like everybody else.
871
00:36:07,070 --> 00:36:10,040
Including Rebecca,
who's not even sworn in yet.
872
00:36:10,040 --> 00:36:13,010
I'm just an associate.
873
00:36:13,010 --> 00:36:15,090
- I keep going back
to what if we lose.
874
00:36:15,090 --> 00:36:17,110
It's not just a case.
- I don't--
875
00:36:17,110 --> 00:36:19,210
- And it's not just a conference
table.
876
00:36:19,210 --> 00:36:22,030
This could be
our whole practice.
877
00:36:22,030 --> 00:36:23,150
- Then we start over.
878
00:36:23,150 --> 00:36:25,080
- Whatever we do,
879
00:36:25,080 --> 00:36:26,170
it can't be a decision
out of ego.
880
00:36:26,170 --> 00:36:28,010
- I want to fight.
881
00:36:28,010 --> 00:36:29,030
- We have to fight it.
882
00:36:32,010 --> 00:36:32,435
- Okay.
883
00:36:36,050 --> 00:36:37,110
Jimmy, you'll first chair.
884
00:36:37,110 --> 00:36:39,030
both: What?
- What?
885
00:36:39,030 --> 00:36:41,100
- Silva's style is
"I'm just a regular guy,"
886
00:36:41,100 --> 00:36:43,180
Jimmy's our best guy
to counter that.
887
00:36:43,180 --> 00:36:44,190
He's regular too.
888
00:36:44,190 --> 00:36:46,150
- Yeah, well, if that's--
889
00:36:46,150 --> 00:36:48,030
You know, look,
no offense, Jimmy,
890
00:36:48,030 --> 00:36:50,060
but we need our best
at our best.
891
00:36:50,060 --> 00:36:51,210
Shouldn't you be doing it?
892
00:36:51,210 --> 00:36:54,070
I mean, he's good.
I mean, you're great.
893
00:36:54,070 --> 00:36:56,060
But we need our--
- Best.
894
00:36:56,060 --> 00:36:58,090
- Jimmy will first chair.
895
00:36:58,090 --> 00:37:00,130
I'll second.
896
00:37:00,130 --> 00:37:03,230
Anything else?
897
00:37:03,230 --> 00:37:05,160
- Okay, back to work.
898
00:37:05,160 --> 00:37:07,180
- Bobby, Evelyn Mayfield's
here with her husband.
899
00:37:10,050 --> 00:37:11,030
Who died?
900
00:37:14,110 --> 00:37:18,000
- How long we got to wait?
901
00:37:18,000 --> 00:37:19,150
- Well, they'll only
go for another hour;
902
00:37:19,150 --> 00:37:21,090
then suspend till tomorrow.
903
00:37:23,060 --> 00:37:25,130
You guys got plans or something?
904
00:37:31,210 --> 00:37:34,020
- They've offered manslaughter.
905
00:37:34,020 --> 00:37:36,000
It's something
that we should consider.
906
00:37:38,200 --> 00:37:42,020
- Surely you're not
suggesting she plead guilty.
907
00:37:42,020 --> 00:37:44,140
- What I'm suggesting
is they have a medical case
908
00:37:44,140 --> 00:37:48,100
indicating that the child
died almost immediately.
909
00:37:48,100 --> 00:37:51,070
That will be tough
for us to explain.
910
00:37:51,070 --> 00:37:53,050
And there's a risk
of a murder two conviction.
911
00:37:53,050 --> 00:37:56,170
That's 20 years, maybe more.
912
00:37:56,170 --> 00:38:00,010
Manslaughter, good behavior,
you could be out in three.
913
00:38:00,010 --> 00:38:02,120
- But I didn't do this.
914
00:38:02,120 --> 00:38:04,080
- I know
this doesn't sound great,
915
00:38:04,080 --> 00:38:07,010
but whether you did it or not
doesn't really matter.
916
00:38:08,200 --> 00:38:10,020
- Doesn't matter?
917
00:38:10,020 --> 00:38:12,150
- Of course
it matters on one level.
918
00:38:12,150 --> 00:38:14,080
In terms
of deciding how to proceed here,
919
00:38:14,080 --> 00:38:17,000
what I have to weigh
is the prosecution's chances
920
00:38:17,000 --> 00:38:18,160
of convicting you.
921
00:38:18,160 --> 00:38:23,110
Your innocence is almost--
almost irrelevant there.
922
00:38:23,110 --> 00:38:26,090
As I said,
they have a circumstantial case,
923
00:38:26,090 --> 00:38:32,020
but, in my opinion,
924
00:38:32,020 --> 00:38:36,090
emotion will be against you.
925
00:38:36,090 --> 00:38:38,230
I'm not crazy
about rolling the dice.
926
00:38:38,230 --> 00:38:41,080
Not with 20 years.
927
00:38:46,080 --> 00:38:48,230
- I didn't shake that baby.
928
00:38:48,230 --> 00:38:50,080
And I'm sitting with one of
929
00:38:50,080 --> 00:38:51,210
the best criminal lawyers
in the city,
930
00:38:51,210 --> 00:38:53,160
and he's telling me
to plead guilty.
931
00:38:53,160 --> 00:38:54,180
- I'm telling you,
932
00:38:54,180 --> 00:38:57,020
you could be looking at guilty.
933
00:38:59,090 --> 00:39:03,130
- That baby came to me crying.
934
00:39:03,130 --> 00:39:05,010
After about ten minutes,
935
00:39:05,010 --> 00:39:08,200
I was finally able
to console him.
936
00:39:08,200 --> 00:39:13,030
I rocked him
until he fell asleep.
937
00:39:13,030 --> 00:39:16,130
I put him in his crib.
938
00:39:16,130 --> 00:39:20,090
I came back in about 15 minutes,
939
00:39:20,090 --> 00:39:22,080
and he was dead.
940
00:39:25,090 --> 00:39:26,220
If I'm convicted of killing him,
941
00:39:26,220 --> 00:39:28,210
then so be it.
942
00:39:28,210 --> 00:39:31,090
But I didn't kill him.
943
00:39:31,090 --> 00:39:32,190
I know it
944
00:39:32,190 --> 00:39:34,130
and God knows it.
945
00:39:34,130 --> 00:39:37,230
And I suspect that
that child's father knows it.
946
00:39:37,230 --> 00:39:40,190
And I will not say
that I did do it
947
00:39:40,190 --> 00:39:43,090
just to get less jail time.
948
00:39:52,190 --> 00:39:53,220
- Okay.
949
00:39:55,140 --> 00:39:57,130
Then we go to trial.
950
00:40:05,200 --> 00:40:07,180
- Will the defendant
please rise?
951
00:40:09,220 --> 00:40:12,050
- Members of the jury,
have you reached a verdict?
952
00:40:12,050 --> 00:40:13,140
- We have, Your Honor.
953
00:40:13,140 --> 00:40:16,090
- What say you?
954
00:40:16,090 --> 00:40:18,070
- In the matter
of Commonwealth versus
955
00:40:18,070 --> 00:40:19,210
Russell Thurm
956
00:40:19,210 --> 00:40:22,090
on the charge of breaking
and entering at night,
957
00:40:22,090 --> 00:40:26,010
we find the defendant,
Russell Thurm, not guilty.
958
00:40:30,060 --> 00:40:32,130
- The jury is dismissed
with the thanks of the court.
959
00:40:32,130 --> 00:40:33,170
We're adjourned.
960
00:40:33,170 --> 00:40:34,160
[gavel bangs]
961
00:40:52,210 --> 00:40:54,210
- Thanks.
962
00:40:54,210 --> 00:40:56,040
- Yeah.
963
00:41:05,020 --> 00:41:06,180
- Not guilty!
- Really?
964
00:41:06,180 --> 00:41:08,030
- She's on her way
to the ceremony now,
965
00:41:08,030 --> 00:41:09,120
which, by the way,
we better get a move on.
966
00:41:09,120 --> 00:41:11,090
Jimmy! Bobby!
Let's go!
967
00:41:11,090 --> 00:41:13,050
- Coming!
- We've got time.
968
00:41:13,050 --> 00:41:14,150
It's Washington, W.
969
00:41:14,150 --> 00:41:16,000
They'll be calling her
at the end.
970
00:41:16,000 --> 00:41:17,070
- And we should be there
at the beginning.
971
00:41:17,070 --> 00:41:19,030
- Let's go.
972
00:41:19,030 --> 00:41:20,120
- Hey Jimmy, you got a sec?
973
00:41:23,220 --> 00:41:26,070
I didn't mean to put you down.
974
00:41:26,070 --> 00:41:27,170
It's just with this case,
975
00:41:27,170 --> 00:41:31,070
so much on the line...
976
00:41:31,070 --> 00:41:32,200
Please don't misunderstand me.
977
00:41:34,190 --> 00:41:36,120
- I understand you perfect.
978
00:41:48,040 --> 00:41:51,130
- Can you believe
she's about to be sworn in?
979
00:41:51,130 --> 00:41:53,040
- Hey, you think I should go
to law school?
980
00:41:53,040 --> 00:41:56,100
- No.
981
00:41:56,100 --> 00:41:59,070
- China Rain, I like that.
Helen wears that.
982
00:41:59,070 --> 00:42:03,010
- I'm not wearing China Rain.
983
00:42:03,010 --> 00:42:05,000
- I wear Slovakian Snow.
984
00:42:08,100 --> 00:42:10,020
- We hugged hello.
985
00:42:13,140 --> 00:42:14,120
- Please rise.
986
00:42:17,130 --> 00:42:20,230
Raise your right hand
and repeat after me.
987
00:42:20,230 --> 00:42:22,170
I, your name,
988
00:42:22,170 --> 00:42:25,160
solemnly swear
that I will do no falsehood.
989
00:42:25,160 --> 00:42:30,020
- I, Rebecca Washington,
solemnly swear
990
00:42:30,020 --> 00:42:32,110
that I will do no falsehood.
991
00:42:32,110 --> 00:42:35,150
- Nor consent
to the doing of any in court.
992
00:42:35,150 --> 00:42:39,050
- Nor consent to
the doing of any in court.
993
00:42:39,050 --> 00:42:41,150
- I will not wittingly
or willingly
994
00:42:41,150 --> 00:42:45,170
promote or sue
any false, groundless,
995
00:42:45,170 --> 00:42:47,150
or unlawful suit.
996
00:42:47,150 --> 00:42:50,190
- I will not wittingly
or willingly
997
00:42:50,190 --> 00:42:54,210
promote or sue
any false, groundless,
998
00:42:54,210 --> 00:42:57,030
or unlawful suit.
999
00:42:57,030 --> 00:42:59,130
- I will conduct myself
in the office
1000
00:42:59,130 --> 00:43:02,090
of an attorney
within the courts.
1001
00:43:02,090 --> 00:43:05,060
- I will conduct myself
in the office
1002
00:43:05,060 --> 00:43:07,070
of an attorney in the courts.
1003
00:43:07,070 --> 00:43:11,140
- According to the best
of my knowledge and discretion.
1004
00:43:11,140 --> 00:43:15,050
- According to the best
of my knowledge and discretion.
1005
00:43:15,050 --> 00:43:17,090
- And with all fidelity,
1006
00:43:17,090 --> 00:43:20,170
as well to the courts
as my clients.
1007
00:43:20,170 --> 00:43:22,160
- And with all fidelity,
1008
00:43:22,160 --> 00:43:24,100
as well to the courts
1009
00:43:24,100 --> 00:43:26,020
as my clients.
1010
00:43:26,020 --> 00:43:27,160
- So help me God.
1011
00:43:27,160 --> 00:43:31,060
- So help me God.
1012
00:43:31,060 --> 00:43:33,030
- Congratulations.
1013
00:43:33,030 --> 00:43:35,100
You're all officially members
of the bar.
1014
00:43:35,100 --> 00:43:38,080
[cheers and applause]
1015
00:44:01,060 --> 00:44:04,060
[dramatic music]
1016
00:44:04,060 --> 00:44:12,050
♪ ♪
73560
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