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Previously on"The Practice"...
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Thirty years?
3
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It's not unreasonable,
Jackie, for two murders.
4
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The punishment is life,
5
00:00:07,407 --> 00:00:09,109
and you're looking
at a double life sentence.
6
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Do you see the man
who was shooting that day?
7
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It was the defendant.
8
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Let the record reflect
the witness has identified
9
00:00:15,148 --> 00:00:16,449
the defendant
Jackie Cahill.
10
00:00:16,482 --> 00:00:18,118
This D. A.-- He knows us,
and I know him.
11
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He is not going
to drop the ball.
12
00:00:20,153 --> 00:00:22,255
Richard Bay,
in addition to being good,
13
00:00:22,288 --> 00:00:24,390
he is pathologically
competitive.
14
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He'd want you to get life
even if you were innocent.
15
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Is somebody there?
16
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Ooh!
17
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MAN: This is simple--
18
00:00:33,133 --> 00:00:35,268
If the case
against Jackie Cahill
19
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doesn't go away...
20
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you will.
21
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Our client would like to reopen
the plea negotiation.
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Forty years.
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The deal you offered
was 30.
24
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That was before
I had to go to trial.
25
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If he really thought
I killed two people,
26
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what does he think
I'm going to do to him
27
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if he convicts me, hmm?
If he's not afraid of that,
28
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he must think I can't get
to him from prison.
29
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Are you going to do something
to him if you lose here?
30
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He has to think I will.
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Why?
32
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Because it's my only chance.
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The killer is this man
right here.
34
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You're a coward,
and thanks to the jury,
35
00:01:16,276 --> 00:01:18,545
you're about to get
what you deserve.
36
00:01:18,579 --> 00:01:20,446
Commonwealth
v. Jackson Cahill--
37
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We find the defendant
Jackson Cahill
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guilty.
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Bobby, can you start
working on my appeal, please?
40
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Jackie,
I think you need
41
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to get yourself
another lawyer.
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MAN: Okay, let's roll him back
so we can get some vitals.
43
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MAN #2: I've got traction.
Watch his airway.
44
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MAN #3: We got multiple
gunshot wounds on the chest.
45
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We got no lung sounds
on the right.
46
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-Okay, you have the neck?
-Got it.
47
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Okay, roll him out.
48
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-I want to see him.
-Helen--
49
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-Let me see him.
-Let's just stay back here.
50
00:01:58,619 --> 00:02:00,253
-Helen!
-Let me see him!
51
00:02:00,286 --> 00:02:02,288
Just wait.
Just wait.
52
00:02:02,322 --> 00:02:04,625
Liz, go and start bagging him.
53
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(overlapping chatter)
54
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What are you showing
on the monitor, Kevin?
55
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It's a sinus tack.
56
00:02:16,369 --> 00:02:18,438
Okay, let's go ahead
and get him up on the gurney.
57
00:02:18,471 --> 00:02:21,307
1, 2, 3.
58
00:02:21,341 --> 00:02:23,176
Okay, let's get a set
of vitals before we move.
59
00:02:23,209 --> 00:02:24,945
What are you showing, Kevin?
60
00:02:24,978 --> 00:02:27,447
He's asystole.
You want to call it?
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Yeah, I got no pulse.
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I got brain matter.
Let's call it.
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9:25.
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♪ (theme)
65
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You okay?
66
00:04:12,553 --> 00:04:15,522
Yep.
67
00:04:15,556 --> 00:04:19,292
Maybe you should take
a second chair.
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00:04:19,325 --> 00:04:20,761
Ellenor, go with her.
69
00:04:20,794 --> 00:04:22,763
I think I should check on Helen.
She's--
70
00:04:22,796 --> 00:04:24,297
Lindsay can check
on Helen.
71
00:04:24,330 --> 00:04:26,299
Well, let Eugene do it.
72
00:04:26,332 --> 00:04:27,534
I didn't ask Eugene.
73
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Well, I'm asking you
to ask him.
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00:04:28,869 --> 00:04:30,837
-Ellenor.
-Why can't Eugene do it?
75
00:04:30,871 --> 00:04:32,438
-It's a murder trial, Ellenor.
-All right, come on.
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00:04:32,472 --> 00:04:33,640
Eugene can't
do murder trials?
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-No, not this one, no.
-Why not?
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-Because I'm asking you!
-Bobby?
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Why can't you just do it?
Why do I have to fight?
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I can second chair.
I'm free.
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Let's go.
82
00:04:50,557 --> 00:04:52,859
I guess
I'll be going now.
83
00:05:00,901 --> 00:05:04,104
We've cleared the area.
Last cell on the left.
84
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Good.
85
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Beat it.
86
00:05:19,620 --> 00:05:23,389
Don't even bother.
I'm represented by counsel.
87
00:05:23,423 --> 00:05:25,826
Mr. Donnell informs me
he no longer represents you.
88
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Then get me somebody else.
89
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I didn't hear that.
90
00:05:29,763 --> 00:05:32,465
Here's the deal,
Mr. Cahill--
91
00:05:32,498 --> 00:05:34,601
You're going to tell me
who the shooters are.
92
00:05:36,469 --> 00:05:37,638
Oh, really?
93
00:05:37,671 --> 00:05:40,140
And what are you going
to offer me
94
00:05:40,173 --> 00:05:41,474
for this gesture?
95
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Your life.
96
00:05:43,510 --> 00:05:45,411
See, I have
a press conference
97
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scheduled for 11:00,
at which point
98
00:05:47,848 --> 00:05:49,950
I'm going to announce
that you have agreed
99
00:05:49,983 --> 00:05:52,118
to tell us not only
who the trigger man was,
100
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but also the names
101
00:05:53,754 --> 00:05:55,421
of the people
you do business with.
102
00:05:55,455 --> 00:05:57,924
Then I'm going
to have you released
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into the general
prison population,
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and you will be dead.
105
00:06:01,494 --> 00:06:03,129
Right.
106
00:06:03,163 --> 00:06:05,632
You want to call my bluff?
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You're a dead man.
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Hold on.
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00:06:15,942 --> 00:06:18,478
You get me a lawyer first,
110
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and then I'll consider things.
111
00:06:24,951 --> 00:06:26,920
Manslaughter?
112
00:06:26,953 --> 00:06:29,189
If we can agree on sentencing.
113
00:06:29,222 --> 00:06:31,692
They must know I'm innocent.
114
00:06:31,725 --> 00:06:34,628
If they really thought
I killed her, like they say,
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they would never
offer manslaughter,
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would they?
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The offer doesn't reflect
what they believe, Wendall.
118
00:06:41,935 --> 00:06:44,771
It only goes to how they feel
about the case.
119
00:06:44,805 --> 00:06:47,173
Well, I want to reject it.
120
00:06:47,207 --> 00:06:49,643
If I plead guilty to any charge,
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people will think
I killed my wife.
122
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That's what they'll all think.
123
00:06:55,516 --> 00:06:57,818
I am not saying
take the offer.
124
00:06:57,851 --> 00:07:01,221
But you would be risking
a life sentence
125
00:07:01,254 --> 00:07:04,490
by going to trial.
You understand that?
126
00:07:04,525 --> 00:07:07,694
I want to go to trial.
127
00:07:12,699 --> 00:07:15,669
You did everything
you could, Bobby.
128
00:07:15,702 --> 00:07:17,504
You warned him.
Richard had protection.
129
00:07:17,538 --> 00:07:19,072
There was nothing
that was--
130
00:07:19,105 --> 00:07:22,709
I'm going to give you
some of my cases, okay, Eugene?
131
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I'm going to take
some time off, I think.
132
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How long?
133
00:07:29,115 --> 00:07:32,686
Maybe indefinite.
134
00:07:32,719 --> 00:07:35,656
I don't think that would be
wise at the moment.
135
00:07:35,689 --> 00:07:37,991
Everybody's trying
to hold it together.
136
00:07:38,024 --> 00:07:39,693
We need your leadership.
137
00:07:39,726 --> 00:07:40,994
You took over before.
138
00:07:41,027 --> 00:07:42,663
You did a great job.
139
00:07:42,696 --> 00:07:45,932
There are times
140
00:07:45,966 --> 00:07:48,769
when the people here
need you.
141
00:07:50,771 --> 00:07:53,707
This is
one of those times.
142
00:07:56,710 --> 00:07:58,979
I need time to process this,
Ms. Gamble. I can't just--
143
00:07:59,012 --> 00:08:00,847
You don't have
the time, Mr. Powell.
144
00:08:00,881 --> 00:08:02,749
Whoever shot Richard Bay
might be
145
00:08:02,783 --> 00:08:04,885
fleeing the jurisdiction
as we speak or planning to.
146
00:08:04,918 --> 00:08:06,620
Offer's good
for one hour only.
147
00:08:06,653 --> 00:08:07,888
If there's a deal,
148
00:08:07,921 --> 00:08:09,990
I want it on paper
with a judge on board.
149
00:08:10,023 --> 00:08:11,692
No time.
You've got one hour.
150
00:08:11,725 --> 00:08:13,126
This is extortion.
You threatened
151
00:08:13,159 --> 00:08:14,995
to hang a snitch jacket
on my client.
152
00:08:15,028 --> 00:08:16,697
That's a death threat.
153
00:08:16,730 --> 00:08:18,632
Mr. Powell, if you're
turning down the deal,
154
00:08:18,665 --> 00:08:19,866
then get out.
155
00:08:19,900 --> 00:08:22,603
Run it by me again.
156
00:08:22,636 --> 00:08:25,739
First, he gets immunity
on Richard Bay's murder.
157
00:08:25,772 --> 00:08:27,741
Which we make no admission
he had anything to do with.
158
00:08:27,774 --> 00:08:29,776
Right. He just happens
to know who did.
159
00:08:29,810 --> 00:08:31,712
And what about
his life sentence?
160
00:08:31,745 --> 00:08:33,013
We'll cut it
to 20 years.
161
00:08:33,046 --> 00:08:34,781
And how would you
accomplish that
162
00:08:34,815 --> 00:08:36,583
when the sentence
is statutory?
163
00:08:36,617 --> 00:08:37,851
You bring a motion
to vacate the verdict,
164
00:08:37,884 --> 00:08:39,152
and I support it.
165
00:08:39,185 --> 00:08:40,921
And you think a judge
would ever sign off--
166
00:08:40,954 --> 00:08:42,789
If he knows
the deal was made
167
00:08:42,823 --> 00:08:45,726
to capture the killer
of a district attorney, yes.
168
00:08:45,759 --> 00:08:48,762
You then enter a plea
to two counts of second degree,
169
00:08:48,795 --> 00:08:51,031
we run the sentences
concurrently,
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00:08:51,064 --> 00:08:53,767
he's eligible for parole
in 20 years.
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00:08:53,800 --> 00:08:56,169
I'll certainly
take it to him.
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Take it to him now,
and tell him
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that the general prison
population awaits him.
174
00:09:01,107 --> 00:09:03,610
I'll draft
the plea agreement
175
00:09:03,644 --> 00:09:05,846
and see you in an hour.
176
00:09:08,114 --> 00:09:09,750
When I got to the house,
177
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she was lying face-up
next to the pool.
178
00:09:12,085 --> 00:09:13,820
Mrs. Forsley?
179
00:09:13,854 --> 00:09:15,789
Yes. I immediately checked
for vital signs,
180
00:09:15,822 --> 00:09:17,023
but she was dead.
181
00:09:17,057 --> 00:09:18,759
Was anybody else there?
182
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Mr. Forsley.
He was soaking wet.
183
00:09:20,794 --> 00:09:23,096
Did Mr. Forsley
say anything to you?
184
00:09:23,129 --> 00:09:26,199
Yes, he stated that he'd
just arrived home from work.
185
00:09:26,232 --> 00:09:29,670
He discovered his wife lying
at the bottom of the pool.
186
00:09:29,703 --> 00:09:32,072
He jumped in,
pulled her out,
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tried to revive her,
but was unsuccessful.
188
00:09:35,075 --> 00:09:36,910
Officer, at what time
did you arrive
189
00:09:36,943 --> 00:09:38,779
at the Forsley residence
that night?
190
00:09:38,812 --> 00:09:40,681
It was at 9:52 P. M.
191
00:09:40,714 --> 00:09:41,782
And, Officer,
192
00:09:41,815 --> 00:09:44,918
when did the 911 call
come in, to your knowledge?
193
00:09:44,951 --> 00:09:46,687
At 9:41.
194
00:09:46,720 --> 00:09:48,755
WOMAN:
I was walking my dog
195
00:09:48,789 --> 00:09:49,956
when I saw him
arrive home.
196
00:09:49,990 --> 00:09:51,191
Saw who, Ms. Mosher?
197
00:09:51,224 --> 00:09:54,961
Wendall. He pulled
into his driveway.
198
00:09:54,995 --> 00:09:56,697
Do you know
the defendant?
199
00:09:56,730 --> 00:09:57,898
Yes, he's
my next-door neighbor.
200
00:09:57,931 --> 00:09:59,065
And you saw him
in the car?
201
00:09:59,099 --> 00:10:00,801
I saw him in the car,
202
00:10:00,834 --> 00:10:03,069
I saw him get out
and walk in the front door.
203
00:10:03,103 --> 00:10:05,906
Are you positive
that it was Wendall Forsley?
204
00:10:05,939 --> 00:10:07,140
I'm positive, yes.
205
00:10:07,173 --> 00:10:09,910
I was on the other side
of the street.
206
00:10:09,943 --> 00:10:11,277
And what time was this?
207
00:10:11,311 --> 00:10:12,946
A little before 8:00.
208
00:10:12,979 --> 00:10:14,280
I was impatiently waiting
209
00:10:14,314 --> 00:10:16,717
for my dog
to have his bowel movement.
210
00:10:16,750 --> 00:10:18,785
It was about 3 minutes
to 8:00,
211
00:10:18,819 --> 00:10:20,787
because I wanted
to get back inside
212
00:10:20,821 --> 00:10:24,257
to see "Boston Public,"
which starts at 8:00.
213
00:10:24,290 --> 00:10:26,292
You testified
that you know Wendall.
214
00:10:26,326 --> 00:10:27,961
Yes. We're neighbors.
215
00:10:27,994 --> 00:10:29,830
How well do you know him?
216
00:10:29,863 --> 00:10:31,798
Well, we've lived
next to each other
217
00:10:31,832 --> 00:10:33,033
for three years.
218
00:10:33,066 --> 00:10:35,736
-Been to each other's houses?
-Many times.
219
00:10:35,769 --> 00:10:37,137
How would you describe him?
220
00:10:37,170 --> 00:10:39,840
Gentle, kind.
221
00:10:39,873 --> 00:10:42,275
In the three years
you've been living next to him,
222
00:10:42,308 --> 00:10:44,978
did you ever hear Wendall
and his wife argue?
223
00:10:45,011 --> 00:10:47,914
-Never.
-Ever see, hear, or witness
224
00:10:47,948 --> 00:10:50,216
Wendall become violent
in any way?
225
00:10:50,250 --> 00:10:52,786
No.
226
00:10:52,819 --> 00:10:54,187
Ever see him
with his wife Annie?
227
00:10:54,220 --> 00:10:56,156
Oh, many times.
228
00:10:56,189 --> 00:10:57,991
Could you describe
that relationship
229
00:10:58,024 --> 00:10:59,059
as you observed it?
230
00:10:59,092 --> 00:11:00,861
It seemed very loving.
231
00:11:00,894 --> 00:11:03,964
They were both
very devoted to each other.
232
00:11:07,033 --> 00:11:09,770
You don't think it was worth
crossing her on the time?
233
00:11:09,803 --> 00:11:11,137
She was too positive.
234
00:11:11,171 --> 00:11:13,039
Three minutes and counting
to "Boston Public,"
235
00:11:13,073 --> 00:11:14,775
waiting for her dog
to poop.
236
00:11:14,808 --> 00:11:16,076
Did you check to see
237
00:11:16,109 --> 00:11:17,944
if they maybe ran
that show late that night?
238
00:11:17,978 --> 00:11:19,245
I checked. They didn't,
239
00:11:19,279 --> 00:11:21,047
and we're not disputing
the time anyway.
240
00:11:21,081 --> 00:11:24,017
But he told the cop
he had just gotten home.
241
00:11:24,050 --> 00:11:25,185
He was in shock.
242
00:11:25,218 --> 00:11:27,721
He admits
he was wrong about that.
243
00:11:27,754 --> 00:11:29,723
That's kind of a big mistake.
244
00:11:29,756 --> 00:11:32,025
Jimmy, he's innocent.
245
00:11:32,058 --> 00:11:33,193
That mistake
246
00:11:33,226 --> 00:11:36,229
is the only reason
he's on trial.
247
00:11:42,936 --> 00:11:44,871
All of this is conditional.
248
00:11:44,905 --> 00:11:47,340
The shooter only--
No business associates.
249
00:11:47,373 --> 00:11:49,209
Everybody involved
in the shooting,
250
00:11:49,242 --> 00:11:51,812
directly, indirectly,
or there is no deal.
251
00:11:51,845 --> 00:11:53,814
There's just one guy.
252
00:11:53,847 --> 00:11:55,949
A witness saw
a woman driver in the car.
253
00:11:55,982 --> 00:11:57,283
Yeah, that was his mother.
254
00:11:57,317 --> 00:11:58,184
She lives with him.
255
00:11:58,218 --> 00:12:00,821
Hold on. This says 30 years.
256
00:12:00,854 --> 00:12:02,823
-You said he'd be out in 20.
-Amend it.
257
00:12:02,856 --> 00:12:05,826
If it turns out anybody else
is involved, deal is off.
258
00:12:05,859 --> 00:12:09,062
-There's nobody else.
-What's his name?
259
00:12:09,095 --> 00:12:10,296
Initial that.
260
00:12:12,866 --> 00:12:14,200
Name and address.
261
00:12:18,471 --> 00:12:19,840
Bruce Manning.
262
00:12:19,873 --> 00:12:22,042
He lives
at 1412 Columbus Street
263
00:12:22,075 --> 00:12:23,276
in the South End.
264
00:12:41,294 --> 00:12:43,096
How you doing?
265
00:12:43,129 --> 00:12:44,130
Okay.
266
00:12:48,268 --> 00:12:49,803
Ellenor doesn't think so.
267
00:12:53,239 --> 00:12:56,376
Why are you even working?
268
00:12:56,409 --> 00:12:58,211
I have things to do.
269
00:12:59,913 --> 00:13:00,947
You're giving the eulogy?
270
00:13:00,981 --> 00:13:03,249
One of them.
271
00:13:05,919 --> 00:13:07,487
Seems like yesterday
272
00:13:07,521 --> 00:13:10,290
we were kids in school,
doesn't it?
273
00:13:10,323 --> 00:13:15,295
Talking about our dreams.
274
00:13:15,328 --> 00:13:19,299
Now you're married,
a mom.
275
00:13:19,332 --> 00:13:21,334
We've had friends killed.
276
00:13:24,337 --> 00:13:26,840
We're not kids anymore,
are we?
277
00:13:26,873 --> 00:13:29,409
No.
278
00:13:32,245 --> 00:13:33,580
(whispers) No.
279
00:13:38,251 --> 00:13:40,386
Did you make
a determination, Doctor,
280
00:13:40,420 --> 00:13:41,855
as to the cause of death?
281
00:13:41,888 --> 00:13:43,957
Asphyxiation
caused by drowning.
282
00:13:43,990 --> 00:13:46,860
What led you to make
this finding, Doctor?
283
00:13:46,893 --> 00:13:49,462
The amount of water
we found in her lungs.
284
00:13:49,495 --> 00:13:51,397
And did you make
a determination
285
00:13:51,431 --> 00:13:54,568
as to whether this drowning
was accidental or not?
286
00:13:54,601 --> 00:13:56,937
There was bruising
around the victim's neck
287
00:13:56,970 --> 00:13:59,339
consistent with her
being held under water.
288
00:13:59,372 --> 00:14:02,042
We ruled it a homicide.
289
00:14:02,075 --> 00:14:03,476
Cause of death
was drowning?
290
00:14:03,510 --> 00:14:04,477
Correct.
291
00:14:04,511 --> 00:14:06,179
And, Doctor,
292
00:14:06,212 --> 00:14:08,414
you mentioned bruises
around Mrs. Forsley's neck.
293
00:14:08,448 --> 00:14:10,584
Were there any other bruises
found on her?
294
00:14:10,617 --> 00:14:13,353
There was a slight contusion
on the side of her head.
295
00:14:13,386 --> 00:14:14,955
Any idea
how she got that?
296
00:14:14,988 --> 00:14:16,557
The head may have
scraped the pool
297
00:14:16,590 --> 00:14:18,058
when he was
pulling her out.
298
00:14:18,091 --> 00:14:19,425
Could it be possible
299
00:14:19,459 --> 00:14:21,394
she hit her head
before drowning?
300
00:14:21,427 --> 00:14:23,363
I don't think that happened.
301
00:14:23,396 --> 00:14:26,499
-Is it possible?
-It's possible.
302
00:14:26,533 --> 00:14:27,934
Thank you, Doctor.
303
00:14:27,968 --> 00:14:30,436
And is it possible Mrs. Forsley
bumped her head,
304
00:14:30,470 --> 00:14:33,373
became unconscious,
causing her to drown?
305
00:14:33,406 --> 00:14:35,308
With bruises
around her neck?
306
00:14:35,341 --> 00:14:37,377
If one were to drag her
from a pool by her neck,
307
00:14:37,410 --> 00:14:39,379
she could get postmortem
bruising, could she not?
308
00:14:39,412 --> 00:14:41,582
Is that
what he's saying?
309
00:14:41,615 --> 00:14:44,518
This isn't about what
anybody's saying, Doctor.
310
00:14:44,551 --> 00:14:47,120
I'm asking you,
as a coroner,
311
00:14:47,153 --> 00:14:50,624
if a drowning victim were
pulled from a pool by her neck,
312
00:14:50,657 --> 00:14:53,393
could she suffer
postmortem bruising?
313
00:14:53,426 --> 00:14:55,662
I'll say unlikely.
314
00:14:55,696 --> 00:14:56,663
Unlikely.
315
00:14:56,697 --> 00:14:58,198
So possible.
316
00:14:58,231 --> 00:15:01,167
Remotely possible.
317
00:15:05,338 --> 00:15:06,406
Captain.
318
00:15:06,439 --> 00:15:09,309
Ms. Gamble,
nice to see you again.
319
00:15:09,342 --> 00:15:11,311
I'm sorry about Mr. Bay.
320
00:15:11,344 --> 00:15:13,113
Thank you.
Listen, I've made
321
00:15:13,146 --> 00:15:14,347
a tentative deal
with Jackie Cahill.
322
00:15:14,380 --> 00:15:16,116
He's given me the name
of the shooter.
323
00:15:16,149 --> 00:15:19,185
Here's the address.
Now, the problem is,
324
00:15:19,219 --> 00:15:20,687
there are others
in the building,
325
00:15:20,721 --> 00:15:22,656
including his mother.
According to Mr. Cahill,
326
00:15:22,689 --> 00:15:25,058
this man won't hesitate
to either take hostages
327
00:15:25,091 --> 00:15:27,493
or shoot his way out.
My suggestion--
328
00:15:27,528 --> 00:15:30,363
You apprehend him outside.
He has a nighttime job.
329
00:15:30,396 --> 00:15:32,633
Reportedly, he leaves
for work around 9:00.
330
00:15:32,666 --> 00:15:34,334
This comes from Cahill?
331
00:15:34,367 --> 00:15:36,236
Yes. Evidently, he carries
at all times.
332
00:15:36,269 --> 00:15:38,572
He's extremely dangerous,
as he is volatile,
333
00:15:38,605 --> 00:15:41,141
so make sure your men
protect themselves.
334
00:15:41,174 --> 00:15:43,577
We'll take him tonight.
335
00:15:43,610 --> 00:15:45,612
Thank you.
336
00:15:48,481 --> 00:15:53,453
I went out to the pool
and I saw her.
337
00:15:53,486 --> 00:15:56,590
She was just laying
face-down on the bottom.
338
00:15:56,623 --> 00:15:58,659
And what did you do?
339
00:15:58,692 --> 00:16:00,527
I jumped in to get her.
340
00:16:00,561 --> 00:16:03,196
I swam down,
I pulled her out,
341
00:16:03,229 --> 00:16:06,332
I tried to give her
mouth-to-mouth, but...
342
00:16:06,366 --> 00:16:09,202
When you pulled her out,
how did you do that?
343
00:16:09,235 --> 00:16:10,270
I first tried to
344
00:16:10,303 --> 00:16:12,472
by the arm,
345
00:16:12,506 --> 00:16:15,175
but I couldn't
get any leverage.
346
00:16:15,208 --> 00:16:17,477
I remember
I grabbed her head
347
00:16:17,511 --> 00:16:19,479
to pull her upright
a little,
348
00:16:19,513 --> 00:16:22,415
then tried to get her
on my shoulder.
349
00:16:22,448 --> 00:16:25,185
Did you ever grab
her neck?
350
00:16:25,218 --> 00:16:29,255
I may have.
I can't really remember.
351
00:16:29,289 --> 00:16:31,491
How long did it take for you
to pull her out?
352
00:16:31,525 --> 00:16:34,260
Well, I was unsuccessful
at first.
353
00:16:34,294 --> 00:16:36,196
I had to come up for air.
354
00:16:36,229 --> 00:16:37,497
Then I went back down,
355
00:16:37,531 --> 00:16:39,633
and I was able
to drag her up.
356
00:16:39,666 --> 00:16:42,235
It might have been
a few minutes.
357
00:16:42,268 --> 00:16:46,406
Do you remember what happened
as you pulled her out?
358
00:16:46,439 --> 00:16:48,408
I remember trying
to revive her,
359
00:16:48,441 --> 00:16:51,545
and when I couldn't,
I called 911.
360
00:16:54,781 --> 00:16:56,650
WENDALL: My wife
isn't breathing.
361
00:16:56,683 --> 00:16:59,219
WOMAN: Sir, can you
tell me your address?
362
00:16:59,252 --> 00:17:01,421
She isn't breathing!
She was in the pool!
363
00:17:01,454 --> 00:17:03,056
WOMAN:
Where is she now, sir?
364
00:17:03,089 --> 00:17:04,390
WENDALL: She's on the ground!
I got her out,
365
00:17:04,424 --> 00:17:07,293
but she's not breathing!
Oh, she's blue! My God!
366
00:17:12,365 --> 00:17:14,735
Is that your voice,
Mr. Forsley?
367
00:17:14,768 --> 00:17:15,769
Yes.
368
00:17:15,802 --> 00:17:17,804
Okay.
369
00:17:17,838 --> 00:17:20,140
When did you arrive home
from work that evening?
370
00:17:20,173 --> 00:17:22,342
It was probably
somewhere around 8:00.
371
00:17:22,375 --> 00:17:25,478
And when did you discover
your wife in the pool?
372
00:17:25,512 --> 00:17:27,781
Closer to 9:30.
373
00:17:27,814 --> 00:17:30,817
So you had been home
for more than an hour.
374
00:17:30,851 --> 00:17:31,818
Yes.
375
00:17:31,852 --> 00:17:33,453
What were you doing
376
00:17:33,486 --> 00:17:35,488
between the time
you arrived home
377
00:17:35,522 --> 00:17:37,691
and the time
you discovered your wife?
378
00:17:37,724 --> 00:17:40,627
I was in my den
doing bills.
379
00:17:40,661 --> 00:17:42,796
So why did you tell
the police
380
00:17:42,829 --> 00:17:46,366
you had just gotten home
before you discovered your wife?
381
00:17:46,399 --> 00:17:48,702
I don't know.
382
00:17:48,735 --> 00:17:51,505
I must have been
in shock.
383
00:17:51,538 --> 00:17:53,339
You stuck by
your time story
384
00:17:53,373 --> 00:17:55,709
at an interrogation later
at the police station.
385
00:17:55,742 --> 00:17:57,277
Were you in shock then?
386
00:17:57,310 --> 00:17:58,645
Probably.
387
00:17:58,679 --> 00:18:01,347
And when you then found out
that you had been seen
388
00:18:01,381 --> 00:18:03,283
by Ms. Mosher
arriving home at 8:00,
389
00:18:03,316 --> 00:18:05,318
I bet you that gave you
a little shock.
390
00:18:05,351 --> 00:18:07,387
-Objection.
-Sustained.
391
00:18:07,420 --> 00:18:11,658
Was your wife a good swimmer,
Mr. Forsley?
392
00:18:11,692 --> 00:18:13,660
Yes.
393
00:18:13,694 --> 00:18:15,328
In fact, she was
a competitive swimmer
394
00:18:15,361 --> 00:18:16,496
in college, was she not?
395
00:18:16,530 --> 00:18:17,397
She was.
396
00:18:17,430 --> 00:18:19,833
I noticed that your pool
is about 20 yards
397
00:18:19,866 --> 00:18:21,868
behind the back door
of your house.
398
00:18:21,902 --> 00:18:23,870
Can you see
the bottom of the pool
399
00:18:23,904 --> 00:18:25,338
from the back door?
400
00:18:25,371 --> 00:18:26,607
No.
401
00:18:26,640 --> 00:18:28,308
You had to walk up
to look, right?
402
00:18:28,341 --> 00:18:29,375
Right.
403
00:18:29,409 --> 00:18:31,411
So you opened the door,
404
00:18:31,444 --> 00:18:32,746
you saw that she was
not out there,
405
00:18:32,779 --> 00:18:34,515
and you said
to yourself,
406
00:18:34,548 --> 00:18:37,417
"Gee, I think I'll check
the bottom of the pool"?
407
00:18:37,450 --> 00:18:39,620
-Objection.
-Overruled.
408
00:18:39,653 --> 00:18:41,755
What made you think
she might be at the bottom?
409
00:18:41,788 --> 00:18:44,758
She didn't answer, so--
410
00:18:44,791 --> 00:18:46,893
You said you went
from your office
411
00:18:46,927 --> 00:18:48,862
to the kitchen
to the pool.
412
00:18:48,895 --> 00:18:50,631
Rather than first seeing
413
00:18:50,664 --> 00:18:52,833
if she was upstairs
in her bedroom,
414
00:18:52,866 --> 00:18:55,836
rather than see if she's
out in her art studio,
415
00:18:55,869 --> 00:18:57,437
you said to yourself,
416
00:18:57,470 --> 00:18:59,773
"Let me check
the bottom of the pool"?
417
00:18:59,806 --> 00:19:03,409
I don't know why.
418
00:19:03,443 --> 00:19:07,681
Maybe I just had a feeling.
419
00:19:30,436 --> 00:19:32,338
What are you doing here?
420
00:19:32,372 --> 00:19:33,807
I just wanted to monitor,
421
00:19:33,840 --> 00:19:35,809
make sure no fourth amendment
rights are violated here.
422
00:19:35,842 --> 00:19:37,443
How did you get past
our checkpoints?
423
00:19:37,477 --> 00:19:39,412
I'm a district attorney.
424
00:19:39,445 --> 00:19:41,481
This could be
a dangerous area, Ms. Gamble.
425
00:19:41,515 --> 00:19:43,750
You said so yourself.
If he comes out shooting--
426
00:19:43,784 --> 00:19:45,552
I'll duck down.
427
00:19:45,586 --> 00:19:48,188
Keep your distance.
428
00:20:11,612 --> 00:20:12,579
-Bruce Manning!
-Freeze!
429
00:20:12,613 --> 00:20:13,914
-Hold it!
-Get down!
430
00:20:14,981 --> 00:20:16,282
Gun!
431
00:20:39,039 --> 00:20:41,742
What's happening?
Bruce?
432
00:20:41,775 --> 00:20:44,578
Bruce?
What have you done?
433
00:20:46,046 --> 00:20:49,750
Place this woman
under arrest for felony murder
434
00:20:49,783 --> 00:20:51,752
and take her into custody.
435
00:20:51,785 --> 00:20:54,254
(woman sobbing)
436
00:20:55,922 --> 00:20:58,925
Bruce!
437
00:21:11,638 --> 00:21:13,507
Just now?
438
00:21:13,540 --> 00:21:14,608
About an hour ago.
439
00:21:14,641 --> 00:21:17,010
Why were you there?
440
00:21:17,043 --> 00:21:19,045
There was nothing
on television, okay, Ellenor?
441
00:21:19,079 --> 00:21:20,514
It was either a movie
or watch a guy get shot.
442
00:21:20,547 --> 00:21:22,415
Is that funny?
443
00:21:24,017 --> 00:21:26,386
You enjoy it, Helen?
444
00:21:26,419 --> 00:21:28,488
It didn't hurt.
445
00:21:28,522 --> 00:21:29,956
(doorbell rings)
446
00:21:35,028 --> 00:21:36,763
Mike?
447
00:21:36,797 --> 00:21:38,799
Why didn't you tell me
this was going down?
448
00:21:40,801 --> 00:21:42,936
The man didn't have a weapon.
Do you know that, Helen?
449
00:21:42,969 --> 00:21:44,505
It was a cell phone.
450
00:21:44,538 --> 00:21:46,507
It was dark.
He made a quick move.
451
00:21:46,540 --> 00:21:49,075
From my vantage point,
the shooting looked justified.
452
00:21:49,109 --> 00:21:51,545
Well, from mine,
it looked like an execution.
453
00:21:51,578 --> 00:21:53,780
You tell the police
he'll take hostages,
454
00:21:53,814 --> 00:21:55,816
you got to take him outside,
he'll be armed,
455
00:21:55,849 --> 00:21:58,519
he's volatile, he'll shoot,
protect yourselves--
456
00:21:58,552 --> 00:22:01,487
Is there any other way this
could have gone down, Helen?
457
00:22:01,522 --> 00:22:03,489
This was the equivalent
of a hit.
458
00:22:03,524 --> 00:22:05,792
I have to take a different
legal point of view there,
459
00:22:05,826 --> 00:22:06,960
Mike, but you know what?
460
00:22:06,993 --> 00:22:08,695
If it gets out
on the street,
461
00:22:08,729 --> 00:22:10,597
whack a D. A.
and this is what happens,
462
00:22:10,631 --> 00:22:11,932
I can live with that.
463
00:22:11,965 --> 00:22:13,734
There's going to be
an investigation.
464
00:22:13,767 --> 00:22:16,803
Tell me where and when.
I'll show up wearing white.
465
00:22:16,837 --> 00:22:20,340
What's this deal
you made with Cahill?
466
00:22:23,043 --> 00:22:25,411
Tomorrow
we put our doctors in.
467
00:22:25,445 --> 00:22:28,414
Dr. Winters will testify
that she could have drowned,
468
00:22:28,448 --> 00:22:30,116
that the bruising
is consistent with you
469
00:22:30,150 --> 00:22:32,118
pulling her
out of the pool by the neck.
470
00:22:32,152 --> 00:22:35,055
Dr. Marks will testify that
you appeared to be in shock.
471
00:22:35,088 --> 00:22:37,423
They've offered no motive.
I think we're okay.
472
00:22:37,457 --> 00:22:38,992
Yeah.
473
00:22:39,025 --> 00:22:41,461
Bec, Mr. Bullock
is here.
474
00:22:41,494 --> 00:22:42,996
Now?
475
00:22:43,029 --> 00:22:46,099
He says it's important.
476
00:22:48,802 --> 00:22:50,804
Thanks.
477
00:22:52,773 --> 00:22:54,407
This is slightly
embarrassing.
478
00:22:54,440 --> 00:22:56,009
You caught
the real killer?
479
00:22:56,042 --> 00:22:58,011
You could say that,
Jimmy, yeah.
480
00:22:58,044 --> 00:22:59,780
What's going on?
481
00:22:59,813 --> 00:23:01,447
Well, it seems
your client has an alias.
482
00:23:01,481 --> 00:23:02,916
Why we're just
finding this out,
483
00:23:02,949 --> 00:23:04,685
I don't know,
484
00:23:04,718 --> 00:23:06,452
but this hoarseness
you hear in my voice
485
00:23:06,486 --> 00:23:08,589
is 'cause
I've been screaming.
486
00:23:08,622 --> 00:23:10,624
-He has an alias?
-Peter Bryant.
487
00:23:10,657 --> 00:23:12,859
He was arrested
six years ago in Indiana
488
00:23:12,893 --> 00:23:14,995
for murder,
489
00:23:15,028 --> 00:23:16,697
charged
with strangling his wife.
490
00:23:16,730 --> 00:23:17,964
He was acquitted.
491
00:23:17,998 --> 00:23:20,767
I guess at that point,
he moved to Boston
492
00:23:20,801 --> 00:23:23,136
to make a new life
for himself.
493
00:23:23,169 --> 00:23:26,640
When he was 14,
494
00:23:26,673 --> 00:23:28,642
he strangled
an 11-year-old girl
495
00:23:28,675 --> 00:23:30,143
and a 9-year-old girl.
496
00:23:30,176 --> 00:23:31,845
He was convicted
497
00:23:31,878 --> 00:23:35,782
and served time
till he was 21.
498
00:23:35,816 --> 00:23:38,552
He also used to
strangle chickens.
499
00:23:38,585 --> 00:23:39,886
Excuse me?
500
00:23:39,920 --> 00:23:42,789
As a youth,
he would trespass onto farms
501
00:23:42,823 --> 00:23:46,593
and kill chickens--
Hundreds of them.
502
00:23:56,903 --> 00:23:58,505
What's wrong?
503
00:23:58,539 --> 00:24:00,106
There's been a new development.
504
00:24:00,140 --> 00:24:01,141
What?
505
00:24:01,174 --> 00:24:04,244
The D. A. found out
about three other murders...
506
00:24:04,277 --> 00:24:05,912
Peter.
507
00:24:11,051 --> 00:24:12,919
I was acquitted.
508
00:24:12,953 --> 00:24:15,188
Of the last one,
not the first two.
509
00:24:15,221 --> 00:24:17,924
Those were juvie.
510
00:24:17,958 --> 00:24:19,826
Well, the D.A.
is gonna try
511
00:24:19,860 --> 00:24:21,595
to introduce them
as pattern evidence.
512
00:24:21,628 --> 00:24:23,530
There's a motion
scheduled tomorrow.
513
00:24:23,564 --> 00:24:24,965
We're going
to fight it, but...
514
00:24:30,203 --> 00:24:31,972
Is manslaughter
still on the table?
515
00:24:32,005 --> 00:24:33,674
No.
516
00:24:35,876 --> 00:24:38,478
Want to tell us
about the chickens?
517
00:24:50,757 --> 00:24:52,559
You killed him?
518
00:24:52,593 --> 00:24:55,061
Mr. Cahill, I'm afraid
I'm not satisfied
519
00:24:55,095 --> 00:24:56,763
that you turned over
520
00:24:56,797 --> 00:24:59,833
all the people responsible
for Mr. Bay's death.
521
00:24:59,866 --> 00:25:01,034
What?
522
00:25:01,067 --> 00:25:02,636
I did.
523
00:25:02,669 --> 00:25:05,539
Well, it's unfortunate
that I just don't trust you.
524
00:25:05,572 --> 00:25:08,875
Accordingly, the deal is off.
Your life sentence stands.
525
00:25:08,909 --> 00:25:10,777
-Hold on.
-Wait a minute.
526
00:25:10,811 --> 00:25:13,714
On what basis do you believe
there were others involved?
527
00:25:13,747 --> 00:25:14,915
My gut.
528
00:25:14,948 --> 00:25:17,017
Have a nice life,
Mr. Cahill.
529
00:25:17,050 --> 00:25:19,019
We have
a signed agreement.
530
00:25:19,052 --> 00:25:20,854
I don't believe
he lived up to the terms.
531
00:25:20,887 --> 00:25:22,556
We're going right to court.
532
00:25:22,589 --> 00:25:23,990
Excellent.
That'll sure put the word out
533
00:25:24,024 --> 00:25:26,893
that you turned
state's evidence.
534
00:25:26,927 --> 00:25:29,763
I guess
this is goodbye, Jackie.
535
00:25:29,796 --> 00:25:32,065
You don't think I can
hit you from inside?
536
00:25:32,098 --> 00:25:34,034
Jackie--
537
00:25:38,705 --> 00:25:42,909
I was so hoping
you'd say that.
538
00:25:46,847 --> 00:25:48,615
Prior bad acts
in a criminal case
539
00:25:48,649 --> 00:25:49,916
are inadmissible.
540
00:25:49,950 --> 00:25:51,752
Except when they go
to pattern, Your Honor.
541
00:25:51,785 --> 00:25:53,687
He was never convicted
of the crime.
542
00:25:53,720 --> 00:25:55,822
He was arrested for it,
and the two prior murders--
543
00:25:55,856 --> 00:25:57,891
Were juvenile offenses,
which means,
544
00:25:57,924 --> 00:26:00,026
as a matter of law,
they never happened.
545
00:26:00,060 --> 00:26:01,695
Juvie is sealed.
546
00:26:01,728 --> 00:26:04,765
That means we're talking
about one prior offense.
547
00:26:04,798 --> 00:26:06,933
One offense does not
amount to a pattern.
548
00:26:06,967 --> 00:26:08,635
The pattern is
he kills wives.
549
00:26:08,669 --> 00:26:10,604
Oh, come on.
550
00:26:10,637 --> 00:26:12,205
Look, this man borders
on being a serial killer.
551
00:26:12,238 --> 00:26:14,040
He is going to kill again.
552
00:26:14,074 --> 00:26:17,110
Based on what I'm hearing,
I'd say it's a guarantee,
553
00:26:17,143 --> 00:26:19,646
but juvenile records
are sealed.
554
00:26:19,680 --> 00:26:21,147
And as for the prior
bad acts,
555
00:26:21,181 --> 00:26:23,149
I'd be handing him an appeal
on a silver platter.
556
00:26:23,183 --> 00:26:24,918
It's not coming in.
557
00:26:24,951 --> 00:26:26,787
So we're just going
to pretend for the jury
558
00:26:26,820 --> 00:26:28,088
that none of this
ever happened?
559
00:26:28,121 --> 00:26:30,223
We're going
to finish the case,
560
00:26:30,256 --> 00:26:32,025
And then win or lose,
561
00:26:32,058 --> 00:26:33,126
you can go home,
562
00:26:33,159 --> 00:26:34,961
pour yourself a little Scotch,
563
00:26:34,995 --> 00:26:37,097
and lament the perversity
of the system.
564
00:26:46,139 --> 00:26:49,409
Bec, are you all right?
565
00:26:49,442 --> 00:26:51,144
Yeah.
566
00:26:51,177 --> 00:26:53,279
I just, um...
567
00:27:00,286 --> 00:27:01,955
With Richard getting killed...
568
00:27:04,725 --> 00:27:07,628
The reality of...
569
00:27:08,762 --> 00:27:11,364
The reality of what?
570
00:27:11,397 --> 00:27:14,735
I've been clinging
a little to this case.
571
00:27:14,768 --> 00:27:18,438
The idea that we fight
572
00:27:18,471 --> 00:27:21,141
for the innocent sometimes,
too, you know?
573
00:27:21,174 --> 00:27:23,243
And Wendall-- I just--
574
00:27:23,276 --> 00:27:27,013
I needed him
to be innocent, you know?
575
00:27:27,047 --> 00:27:30,016
Yeah.
576
00:27:30,050 --> 00:27:32,052
Jimmy...
577
00:27:34,087 --> 00:27:36,289
he's going to kill again.
578
00:27:36,322 --> 00:27:40,193
Well, that's not something
to mention in your closing.
579
00:27:40,226 --> 00:27:43,997
It's, uh, not even something
we should think about.
580
00:27:44,030 --> 00:27:47,333
It's not even something
we should think about.
581
00:27:47,367 --> 00:27:49,269
Rebecca--
582
00:27:49,302 --> 00:27:51,838
No, no, what the hell
are we doing?
583
00:27:51,872 --> 00:27:53,907
-Keep your voice--
-Is there even any doubt
that he'll kill again?
584
00:27:53,940 --> 00:27:55,375
Rebecca!
585
00:28:03,316 --> 00:28:05,318
This is classic
contract law, Your Honor.
586
00:28:05,351 --> 00:28:07,921
Ms. Gamble offered a deal,
we accepted the terms,
587
00:28:07,954 --> 00:28:09,289
she received
consideration--
588
00:28:09,322 --> 00:28:11,191
-First of all--
-I'm not finished.
589
00:28:11,224 --> 00:28:15,061
We also have to consider
substantive due process.
590
00:28:15,095 --> 00:28:16,897
The government
must be required
591
00:28:16,930 --> 00:28:18,098
to give Mr. Cahill
592
00:28:18,131 --> 00:28:19,866
the benefit
of what he bargained for.
593
00:28:19,900 --> 00:28:21,101
He gave over the shooter,
594
00:28:21,134 --> 00:28:23,103
who was shot dead,
by the way.
595
00:28:23,136 --> 00:28:25,405
For Ms. Gamble
to now say no deal,
596
00:28:25,438 --> 00:28:27,340
that is blatant
bad faith.
597
00:28:27,373 --> 00:28:29,943
This woman was a friend
of Richard Bay's.
598
00:28:29,976 --> 00:28:32,913
She's been on a mission.
The shooter is now dead.
599
00:28:32,946 --> 00:28:35,181
Now she's reneging
on a signed agreement
600
00:28:35,215 --> 00:28:37,317
to get my client,
and it should shock
601
00:28:37,350 --> 00:28:40,954
the conscience of this court's
fundamental notion of fairness.
602
00:28:40,987 --> 00:28:43,089
Ms. Gamble?
603
00:28:43,123 --> 00:28:45,358
The deal called
for Mr. Cahill
604
00:28:45,391 --> 00:28:48,995
to reveal everybody
involved in Mr. Bay's death.
605
00:28:49,029 --> 00:28:51,097
Because the shooter
was fatally wounded,
606
00:28:51,131 --> 00:28:53,099
our investigation
of Mr. Bay's murder
607
00:28:53,133 --> 00:28:54,901
has been
severely undermined.
608
00:28:54,935 --> 00:28:59,005
As for fundamental notions
of fairness,
609
00:28:59,039 --> 00:29:01,441
this man
put a hit on a D. A.
610
00:29:01,474 --> 00:29:04,144
He has since threatened
to put a hit on me.
611
00:29:04,177 --> 00:29:07,080
I find it unbelievable
that a man who has
612
00:29:07,113 --> 00:29:09,249
violated our laws
with such brutality,
613
00:29:09,282 --> 00:29:10,450
a man that has murdered
614
00:29:10,483 --> 00:29:12,418
and committed
acts of depravity,
615
00:29:12,452 --> 00:29:15,388
for him now to be seeking
the protection of the law,
616
00:29:15,421 --> 00:29:20,527
to be exalting arguments
of fairness and due process--
617
00:29:20,561 --> 00:29:24,264
This classic contract law
that Mr. Powell speaks of
618
00:29:24,297 --> 00:29:27,467
calls for the parties
to act with clean hands.
619
00:29:27,500 --> 00:29:31,137
I'd ask the court to consider
Mr. Cahill's hands.
620
00:29:31,171 --> 00:29:35,041
And I would ask the court
to consider Helen Gamble's.
621
00:29:46,452 --> 00:29:48,254
I'm sorry.
622
00:29:48,288 --> 00:29:51,191
Yeah.
623
00:29:51,224 --> 00:29:55,295
I know how close
you two were, and...
624
00:29:55,328 --> 00:29:59,199
I'm sorry
for your loss,
625
00:29:59,232 --> 00:30:02,002
and I'm sorry
for being an accomplice
626
00:30:02,035 --> 00:30:03,303
in his death.
627
00:30:03,336 --> 00:30:06,406
Bobby, you weren't
an accomplice.
628
00:30:06,439 --> 00:30:09,142
There's no more
denying that, Helen.
629
00:30:09,175 --> 00:30:12,145
You're a defense attorney.
630
00:30:12,178 --> 00:30:15,315
Yeah.
631
00:30:15,348 --> 00:30:18,418
The magic words,
I guess,
632
00:30:18,451 --> 00:30:22,022
to check your conscience
at the door.
633
00:30:27,127 --> 00:30:31,331
I'm so sorry
for your loss.
634
00:30:31,364 --> 00:30:33,466
You okay?
635
00:30:35,368 --> 00:30:37,538
No.
636
00:30:45,045 --> 00:30:46,847
Oh.
637
00:30:53,386 --> 00:30:56,022
Every medical expert--
638
00:30:56,056 --> 00:30:59,392
Ours and theirs,
including the coroner,
639
00:30:59,425 --> 00:31:02,228
has admitted
that she drowned,
640
00:31:02,262 --> 00:31:05,231
that the bruising on the neck
could've been postmortem,
641
00:31:05,265 --> 00:31:07,668
that they could've been
inflicted
642
00:31:07,701 --> 00:31:11,237
by my client's attempts
to pull her out of the pool.
643
00:31:11,271 --> 00:31:15,008
There is no evidence
of any motive.
644
00:31:15,041 --> 00:31:17,578
There is no evidence
that Wendall Forsley
645
00:31:17,611 --> 00:31:20,581
was violent toward his wife
or any other person.
646
00:31:20,614 --> 00:31:23,283
There is no case here,
647
00:31:23,316 --> 00:31:25,251
ladies and gentlemen.
648
00:31:25,285 --> 00:31:28,288
Wendall Forsley
is only on trial
649
00:31:28,321 --> 00:31:31,324
because he seemingly lied
650
00:31:31,357 --> 00:31:34,961
about what time he got home
that night.
651
00:31:34,995 --> 00:31:37,163
But as he told you,
652
00:31:37,197 --> 00:31:40,466
as Dr. Winters told you,
he went into shock.
653
00:31:40,500 --> 00:31:43,937
He wasn't trying to hide
anything
654
00:31:43,970 --> 00:31:48,041
because Wendall Forsley
had nothing to hide.
655
00:31:57,984 --> 00:32:01,021
He told police
that he had just gotten home
656
00:32:01,054 --> 00:32:04,558
a full hour after he was seen
entering the house,
657
00:32:04,591 --> 00:32:06,192
and he repeated this lie
658
00:32:06,226 --> 00:32:09,029
during an interrogation
the next day.
659
00:32:09,062 --> 00:32:12,265
It was only when he was told
he had been seen
660
00:32:12,298 --> 00:32:14,701
going into that house at 8:00
661
00:32:14,735 --> 00:32:17,203
that he then changed his story
662
00:32:17,237 --> 00:32:21,141
and said, "I was in shock.
No sense of time."
663
00:32:21,174 --> 00:32:24,711
good swimmers just don't turn up
at the bottom of the pool
664
00:32:24,745 --> 00:32:28,148
with such marks
around their neck.
665
00:32:28,181 --> 00:32:29,983
She was murdered.
666
00:32:30,016 --> 00:32:34,955
She was murdered
by Wendall Forsley.
667
00:32:40,060 --> 00:32:41,327
WOMAN: All rise.
668
00:32:43,630 --> 00:32:46,633
Be seated.
669
00:32:50,704 --> 00:32:52,539
I have reviewed the contract
670
00:32:52,573 --> 00:32:55,175
entered into by Ms. Gamble
and Mr. Cahill.
671
00:32:55,208 --> 00:32:59,212
I think Ms. Gamble's promises
were against public policy,
672
00:32:59,245 --> 00:33:01,014
lived up to or not.
673
00:33:01,047 --> 00:33:05,218
I also believe they could be
technically unenforceable
674
00:33:05,251 --> 00:33:08,689
under Massachusetts general law,
chapter 265, section one,
675
00:33:08,722 --> 00:33:11,224
which states that only the jury
676
00:33:11,257 --> 00:33:14,460
shall determine
the degree of murder.
677
00:33:14,494 --> 00:33:17,598
However,
the fact of the matter is
678
00:33:17,631 --> 00:33:21,535
we enforce plea agreements
like this every day,
679
00:33:21,568 --> 00:33:25,471
and Ms. Gamble's deceit,
trickery, bad faith--
680
00:33:25,506 --> 00:33:27,808
It's also against public policy.
681
00:33:27,841 --> 00:33:29,776
Lawyers who appear in my court
682
00:33:29,810 --> 00:33:33,547
do not get to take advantage
of technicalities and bad faith
683
00:33:33,580 --> 00:33:37,684
to get out of deals
they regret.
684
00:33:37,718 --> 00:33:40,521
I'm, therefore, honoring
the plea agreement.
685
00:33:40,554 --> 00:33:42,723
Mr. Cahill's
first degree convictions
686
00:33:42,756 --> 00:33:45,091
are set aside.
687
00:33:45,125 --> 00:33:48,161
We enter second degree counts,
and pursuant to the agreement,
688
00:33:48,194 --> 00:33:52,132
Mr. Cahill shall be eligible
for parole in 20 years.
689
00:33:54,568 --> 00:33:56,236
Thank you, Your Honor.
690
00:33:56,269 --> 00:34:00,807
However, this plea agreement
is silent on sentencing
691
00:34:00,841 --> 00:34:03,176
when it comes to other crimes,
692
00:34:03,209 --> 00:34:06,847
such as Mr. Cahill's threat
to hit Ms. Gamble.
693
00:34:06,880 --> 00:34:09,282
We deny
that ever happened.
694
00:34:09,315 --> 00:34:12,285
Yes, it would be nice for you
if you got a trial on that,
695
00:34:12,318 --> 00:34:14,287
but you don't.
696
00:34:14,320 --> 00:34:16,322
For sentencing purposes,
I need only find
697
00:34:16,356 --> 00:34:19,325
by a preponderance of
the evidence that it happened.
698
00:34:19,359 --> 00:34:23,163
I make that finding now.
699
00:34:23,196 --> 00:34:28,434
To threaten a D. A.,
Mr. Cahill,
700
00:34:28,468 --> 00:34:32,806
I'm adding 75 years
to each of your 2 counts,
701
00:34:32,839 --> 00:34:35,175
sentencing to run consecutively.
702
00:34:35,208 --> 00:34:38,178
So you will now be eligible
for parole
703
00:34:38,211 --> 00:34:39,813
in 150 years.
704
00:34:39,846 --> 00:34:41,314
Adjourned.
705
00:34:41,347 --> 00:34:43,316
(bangs gavel)
706
00:35:01,267 --> 00:35:03,770
You think you honored
Richard Bay in all this?
707
00:35:03,804 --> 00:35:06,507
Do you think that cowboy
up there just ratified you?
708
00:35:06,540 --> 00:35:07,608
Go away.
709
00:35:07,641 --> 00:35:09,142
Richard Bay was a man
of integrity.
710
00:35:09,175 --> 00:35:11,745
He honored his word.
He honored the law.
711
00:35:11,778 --> 00:35:14,581
If you'll excuse me,
I have to go to a funeral.
712
00:35:14,615 --> 00:35:16,817
Well, I hope you pay tribute
to him there,
713
00:35:16,850 --> 00:35:19,520
because neither you
nor that judge did here.
714
00:35:28,962 --> 00:35:32,866
I get the feeling...
715
00:35:32,899 --> 00:35:35,602
you don't really want me
to win.
716
00:35:37,704 --> 00:35:39,906
What was your motive?
717
00:35:39,940 --> 00:35:43,443
If you don't mind
my asking.
718
00:35:43,476 --> 00:35:45,478
I don't know.
719
00:35:48,815 --> 00:35:50,450
Maybe power.
720
00:35:50,483 --> 00:35:52,385
Power?
721
00:35:52,418 --> 00:35:54,655
Just like the chickens.
722
00:35:56,790 --> 00:35:59,893
I'd be holding this...
723
00:35:59,926 --> 00:36:02,596
little life in my hands,
724
00:36:02,629 --> 00:36:07,467
fully alive, vital...
725
00:36:07,500 --> 00:36:09,469
noisy.
726
00:36:09,503 --> 00:36:12,438
And with one squeeze...
727
00:36:22,716 --> 00:36:26,452
I didn't know
I was going to kill Annie.
728
00:36:31,457 --> 00:36:34,427
We were kissing...
729
00:36:34,460 --> 00:36:37,531
and I was caressing
her face.
730
00:36:39,966 --> 00:36:42,869
And she just seemed so...
731
00:36:45,672 --> 00:36:46,973
alive.
732
00:36:51,745 --> 00:36:55,481
The next thing...
733
00:36:58,752 --> 00:37:00,854
(knock on door)
734
00:37:00,887 --> 00:37:03,557
Jury's back.
735
00:37:11,998 --> 00:37:14,701
Will the defendant please rise?
736
00:37:17,571 --> 00:37:18,872
Madame foreperson,
737
00:37:18,905 --> 00:37:20,340
has the jury reached a verdict?
738
00:37:20,373 --> 00:37:23,877
-We have, Your Honor.
-What say you?
739
00:37:23,910 --> 00:37:27,681
Commonwealth
v. Wendall Forsley,
740
00:37:27,714 --> 00:37:30,517
on the charge
of murder in the first degree,
741
00:37:30,551 --> 00:37:34,387
we find the defendant
Wendall Forsley not guilty.
742
00:37:34,420 --> 00:37:37,791
On the charge of murder
in the second degree,
743
00:37:37,824 --> 00:37:40,661
we find the defendant
Wendall Forsley
744
00:37:40,694 --> 00:37:42,362
not guilty.
745
00:37:42,395 --> 00:37:44,765
The defendant is free to go.
746
00:37:44,798 --> 00:37:46,900
Members of the jury,
747
00:37:46,933 --> 00:37:49,836
you are dismissed
with the court's thanks.
748
00:37:49,870 --> 00:37:52,906
Thank you so much.
749
00:37:52,939 --> 00:37:55,942
I owe you my life.
750
00:37:57,410 --> 00:38:00,647
You need help, Wendall.
751
00:38:00,681 --> 00:38:04,585
I'd go to a therapist.
I really would.
752
00:38:04,618 --> 00:38:07,521
The thing is, if they think
I'd do it again,
753
00:38:07,554 --> 00:38:09,823
they might tell someone
and get me locked up.
754
00:38:12,626 --> 00:38:15,529
I can control myself.
755
00:38:15,562 --> 00:38:16,663
I really think I can.
756
00:38:21,602 --> 00:38:23,904
Well, thank you again.
757
00:38:26,507 --> 00:38:27,774
Good-bye.
758
00:38:55,536 --> 00:38:58,471
Richard had the choice
of stepping down
759
00:38:58,505 --> 00:39:01,107
from a case where the defendant
was threatening his life.
760
00:39:01,141 --> 00:39:04,110
He said to me,
"How can I do that?
761
00:39:04,144 --> 00:39:08,381
I'm a district attorney.
This is who I am,"
762
00:39:08,414 --> 00:39:12,385
and that's how he'd want
to be remembered.
763
00:39:12,418 --> 00:39:14,555
He was a public servant.
764
00:39:14,588 --> 00:39:19,593
He leaves a legacy
of truth,
765
00:39:19,626 --> 00:39:24,698
justice, and integrity
behind him,
766
00:39:24,731 --> 00:39:27,433
a legacy I've done
a lousy job
767
00:39:27,467 --> 00:39:30,036
living up to
the last few days...
768
00:39:32,038 --> 00:39:34,575
a legacy which has become
increasingly difficult
769
00:39:34,608 --> 00:39:37,043
for everyone
in the criminal justice system
770
00:39:37,077 --> 00:39:39,012
to live up to as of late.
771
00:39:39,045 --> 00:39:42,015
But for Richard it was easy,
772
00:39:42,048 --> 00:39:45,519
because his compass
always reminded him...
773
00:39:47,120 --> 00:39:51,157
he was a public servant.
774
00:39:51,191 --> 00:39:56,062
A lot of people he considered
his friends disliked him.
775
00:39:58,464 --> 00:40:01,034
A lot of them happen to be
my best friends--
776
00:40:01,067 --> 00:40:03,103
Defense attorneys,
777
00:40:03,136 --> 00:40:07,173
people who come to work
day after day
778
00:40:07,207 --> 00:40:09,510
fighting for the civil rights
779
00:40:09,543 --> 00:40:15,115
of those who have murdered,
raped, stole--
780
00:40:15,148 --> 00:40:19,052
People who knew that
by fighting for the guilty,
781
00:40:19,085 --> 00:40:22,623
they were ultimately
protecting the innocent.
782
00:40:22,656 --> 00:40:25,125
Those people have come
to doubt themselves
783
00:40:25,158 --> 00:40:28,695
in the wake
of Richard's death.
784
00:40:28,729 --> 00:40:30,797
Richard never doubted you.
785
00:40:32,232 --> 00:40:35,201
He respected you enormously
786
00:40:35,235 --> 00:40:39,005
because he knew you, too,
were public servants,
787
00:40:39,039 --> 00:40:42,676
and he'd want you
to know that.
788
00:40:42,709 --> 00:40:47,180
He was scared the night
before he was killed.
789
00:40:49,049 --> 00:40:52,485
He was afraid
that the threat made against him
790
00:40:52,519 --> 00:40:54,054
might be carried out.
791
00:40:56,690 --> 00:41:00,093
And he said if he should die,
792
00:41:00,126 --> 00:41:05,699
be sure to tell everyone
he tried his very best.
793
00:41:08,702 --> 00:41:10,837
We all know that, Richard.
794
00:41:16,577 --> 00:41:19,546
Lying there is a kind man,
795
00:41:19,580 --> 00:41:25,018
a man who saw a crime
and tried to stop it,
796
00:41:25,051 --> 00:41:30,824
a man who saw victims
and tried to console them,
797
00:41:30,857 --> 00:41:32,726
a man who...
798
00:41:36,630 --> 00:41:40,834
a man who,
more than anything else,
799
00:41:40,867 --> 00:41:45,138
was a dedicated public servant.
800
00:41:45,171 --> 00:41:51,144
♪ There's a day of hope ♪
801
00:41:51,177 --> 00:41:56,282
♪ May I live to see ♪
802
00:41:56,316 --> 00:42:01,688
♪ When our hearts are happy ♪
803
00:42:01,722 --> 00:42:06,226
♪ And our souls are free ♪
804
00:42:06,259 --> 00:42:12,123
♪ Let the new day dawn ♪
805
00:42:12,733 --> 00:42:17,871
♪ Oh, Lord, I pray ♪
806
00:42:17,904 --> 00:42:23,176
♪ We'll never get to heaven ♪
807
00:42:23,209 --> 00:42:28,715
♪ Till we reach that day ♪
808
00:42:28,749 --> 00:42:33,887
♪ It's a day of peace ♪
809
00:42:33,920 --> 00:42:39,259
♪ A day of pride ♪
810
00:42:39,292 --> 00:42:44,598
♪ A day of justice ♪
811
00:42:44,631 --> 00:42:49,770
♪ We have been denied ♪
812
00:42:49,803 --> 00:42:55,141
♪ When a man can live ♪
813
00:42:55,175 --> 00:43:00,280
♪ And a child can play ♪
814
00:43:00,313 --> 00:43:06,286
♪ We'll never get to heaven ♪
815
00:43:06,319 --> 00:43:11,291
♪ Till we reach that day ♪
816
00:43:11,324 --> 00:43:16,763
♪ It's a day of peace ♪
817
00:43:16,797 --> 00:43:21,668
♪ A day of pride ♪
818
00:43:21,702 --> 00:43:27,240
♪ A day of justice ♪
819
00:43:27,273 --> 00:43:30,644
♪ We have been denied ♪
820
00:43:30,677 --> 00:43:32,378
♪ We've been denied ♪
821
00:43:32,412 --> 00:43:37,851
♪ When a man can live ♪
822
00:43:37,884 --> 00:43:43,256
♪ And a child can play ♪
823
00:43:43,289 --> 00:43:48,394
♪ We'll never get to heaven ♪
824
00:43:48,428 --> 00:43:53,667
♪ Till we reach that day ♪
825
00:43:59,239 --> 00:44:01,274
♪ (theme)
826
00:44:25,431 --> 00:44:26,767
You stinker!
59029
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