All language subtitles for Harrys.Law.S02E09.Head.Games.1080p.AMZN.WEB-DL.DDP5.1.H.264-BLAZE_track3_[eng]

I really appreciate you
seeing me.

[annoyed growl]

Kim.Tommy.

My dear, dear Kim.

Okay.
I'’ve got a
sympathetic client.

Many, in fact,
see her as a hero.

I'’ve got a
compassionate D.A.

who I would call
one of my heroes.

At least sexually.

I think we can
work something out

that reflects both
the heroic quality

of my sympathetic client,

and the compassion that
runneth so deeply

within the bowels
of the D.A.

20 years.

Perhaps something that
runneth a little deeper.

Kim...

20 years.

For God'’s sake, this is a woman
trying to feed her kids.

Single mother desperate
to provide for her family.

Can you not see that?

Yeah, I'’m not sure what the
picture of sympathy looks like.

But I do know a bank
robber when I see one.

[sighs]

Five years.

Better. Twenty.

No record, no priors,

no previous
criminal offense.

Good point. Times three.
Twenty.

And who takes care of her kids--
have you thought about that?

Why don'’t you ask whoever she
had in mind to look after them

for five years,

and then see if
they can extend it

for an additional 15.

[sighs]

Final offer.

Okay, it'’s think tank time.

I need everyone in the
conference room ASAP.

Whoa!Harry, I have a crisis.

Kim Mendelsohn won'’t budge
on my bank robbery.

Not even by a little.

I need to come up with something
creative and I need it fast.

You-- smart one--
give me something.

ADAM:
What about necessity?

OLLIE: That would apply
if she had no other choice,

but holding up a bank,
I doubt it.

ADAM:
Self-help?

OLLIE:
Works for civil, not criminal.

ADAM:
Jury null?Smart one, come on.

What do you got?Well...

I like it.

You said that she lost

all of her money
in the mortgage crisis.

She did, yeah.
Keep going. What?

There'’s a theory--
it'’s out there,

but it'’s used in drug cases.

Perfect!
We'’ll go with that one.

I haven'’t told you what it is.

Doesn'’t matter, I got
nothing else-- what is it?

It'’s called--
don'’t laugh--

Outrageous Government
Conduct Defense.

Come again?

Basically, you argue that
the government'’s conduct

is so outrageous
that it violates

fundamental principles
of fairness

to prosecute the defendant.

This is real.It'’s an affirmative defense.

You have to plead it,
but yes, it'’s real.

It'’s used in drug cases.

Usually, police stings
that have gone awry.

Outrageous Government Conduct.

You could argue
that the government

played a role
in the whole mortgage meltdown,

which lead to your client'’s
desperation, which lead--

Can I borrow her? Please?

[elevator bell dings]

Okay, Adam, we'’re up.

We can go right in my office.

The school refuses
to offer a dime.

Or an apology.

They'’re afraid any
acknowledgement of guilt

will expose them to
too much liability.

So we keep going, then.

Susan...

you'’re not gonna be successful
suing a high school

for having
a football program.

Why did you take our case,
if you...

I took the case because
what you seemed to be after

was some accountability
by the high school, which,

frankly, I thought
I could get, but
it seems I cannot.

Well, we'’d rather try this case
and lose than just walk away.

We could at least help
put the word out.

Odds are,
it won'’t make it to trial.

After Susan'’s deposition,
they'’ll most likely move

for some rejudgment,
which basically means

they want the judge to toss it
before it even gets to a jury.

My biggest concern
is that the deposition

could dredge up
a lot of pain that...

Our son is dead.

There is no pain
we don'’t already know.

We want to keep going.

WOMAN: This is her when
she first stepped up

and you can see, right there,
she'’s passing me a note.

And do you remember
what the note said?

That this was a robbery.

That she was armed.

And that I should
empty my drawer,

and give her
all the cash inside.

And what did you do?

Well, I didn'’t take her
seriously at first.

I recognized
this woman.

She had been in the bank before,
and she was a regular customer.

And she wasn'’t
wearing a mask, or...

I thought this must be
some kind of joke and then

it got very unfunny.

I think we all recognize
what this is,

but would you
please tell us.

It'’s a revolver.

And did she say anything

as she pointed it at you?

Again, that the gun
was loaded,

and that she was
prepared to use it

if I failed to cede
to her demands.

And then?I gave her all the money
in the drawer, and she left.

And do you see the woman
who robbed you

in the courtroom today?

It'’s the defendant.

Are you sure?

No doubt.

Thank you.

You said
you recognized my client?

Yes.
She was a regular customer.

In fact, two years ago,
she was in that bank

almost every day,
was she not?

We saw her a lot. Yes.

Meeting with managers

and loan officers and so forth.

And do you know what those
meetings were about?

I understood that
that the bank was

foreclosing on her home
and she was trying to
work something out.

And did she work something out,
to your knowledge?

To my knowledge, no.

The bank foreclosed?Yes.

Took her home.

Yes.

And during this incident,
you said

she didn'’t wear a mask.

Well, we could all see

she didn'’t wear a mask.

You could see her face,
plain as day.

It seemed as if
she didn'’t even intend

to get away with this, did she?

She got away
with almost $60,000.

But it seemed like she
was almost more intent

on making a point
than stealing.

Objection!

The witness has
no foundation

as to the defendant'’s
state of mind.

Sustained.

Ms. Russert,

as you handed this money
over to my client,

you said something,
didn'’t you?

Well, I was a little in shock.

What did you say? Do you
remember what you said?

Well, I might'’ve whispered
something like, um...

"Good for you."

Adam, you got a call
from Dr. Ira Gold,

from Boston University.Really.

He left some times

for you to call back.

Good. Thanks.

You getting settled okay?

All good.

SUSAN:
That'’s my son-- the quarterback.

He'’s about to take the snap.

He goes back to pass,
there'’s a blitz and...

he'’s tackled.

You can see he'’s slow
to get up.

He looks unsteady, even.

But he did get up?

Yes.

And was he able
to walk to the sideline?

Yes.

But, five minutes later,
he fell unconscious.

He was taken to a hospital,
where he died.

Mrs. Duggin, again,
I am very, very sorry.

Once your son
was injured here,

did the coach and school

respond appropriately?

Did they respond appropriately?

I guess what
I'’m asking is,

once it was clear
he was hurt,

they took him out
of the game,

and acted responsibly.

My feeling is that it'’s
irresponsible of them

to have a football program.

He was never directed
to continue playing,

once it was ascertained
that he was hurt.

Not to my knowledge, no.

You don'’t allege that
the football program

offered by McKinley High
is any more dangerous

than those programs
offered by other high schools.

Well, it might be.

Okay.

Do you have
any evidence of that?

My son is dead.

Okay.

Your son Phillip--
and the two of you--

you all understood
football to be a violent sport.

We understood that football
was a contact sport.

That it involved collisions.

You signed waivers at the
beginning of the season.

Phillip came home with
a lot of forms.

We signed them.

We were not aware that playing
football was life-threatening.

[clears throat]
Mrs. Duggin...

football has been around
for a very long time.

So has smoking.

But once it was learned that
smoking causes cancer and death,

the dangers were front-loaded
for the American public.

That should be done, and hasn'’t
been done, with football.

So, if you had felt
properly warned here,

on the dangers of football,
you'’d have no problem with it.

I didn'’t say that.

But nice try.

Okay, just so I'’m clear--

your issue isn'’t so much
with McKinley High

as with the sport of
football itself.

My son was killed participating
in a football program

at McKinley High.

He was participating as directed
by the coach at McKinley High.

He'’s dead.

[voice breaking]:
So, yes, sir,

I take issue
with McKinley High.

She was, of course, very upset
that we were foreclosing,

as were we.

She was a valued customer,
and we all sympathized.

Mr. Gray, can you tell us why
you chose to foreclose?

Well, quite simply,
she couldn'’t pay her mortgage.

We'’d given her
several extensions,

and, as I said,
we valued her business,

but, at some point--

And when you finally
did foreclose...

She became distraught,

and she vowed this would
not be the end of it.

Several months later,
she came back,

brandishing the weapon and,
well, you saw the tape.

Thank you, sir.

The tape doesn'’t tell the whole
story, does it, Mr. Gray?

I'’m not sure what you mean.

I bet you have
a pretty good idea.

You were the loan officer who
negotiated the mortgage package

which enabled my client to
buy her house, were you not?

I was.A house she couldn'’t afford.

That isn'’t true.

She'’s a single mother,
part-time job,

supplemented by
modest alimony

subject to modification
by the court.

She'’s a terrible
risk, and yet,

you gave her the
deal of a lifetime.

Objection.
Overruled.

A no-money-down,
interest-only,

adjustable rate mortgage at
three percent-- fantastic!

One could say that deal was
just too good to be true.

Which it was.

MENDELSOHN:
Objection!

The terms of the loan
are not an issue.

Your Honor...?

Short leash.

You knew she wouldn'’t
be able to hold onto
this house; in fact,

that was the plan,
was it not?

It certainly was not.

She makes the payments,

you get the interest,

she doesn'’t,
you get the house.

Do you have any idea
how much the banks lost--

Because your plan backfired
when real estate crashed!

We didn'’t set out
to screw your client!

You raised the rate from
three to 13 percent,

strapped on a big
balloon payment...

Our rates floated
with the prime.

It was an adjustable
rate mortgage!

Did you advise her of that?

She had a lawyer,
for God'’s sake!

You were her banker--
she had an ongoing
relationship with you.

You saw the trends.

Did you tell her,
"Hey, wait, you might

want to consider that
the rates will go up"?

No, that wasn'’t your
business plan, was it?

It was more like,
take her money,

then take her house.

Objection!Sustained.

TOMMY: Your bank,
Heritage Union,

is a subsidiary
of J.P. Morgan, am I right?

Yes.Which received billions
and billions of dollars

in bailout money. When you
were in trouble, the government

bailed you out-- in part so you
could bail your customers out.

But when Elaine Lister
came to you,

instead of helping her...

...you took her house.

It was great--

don'’t get me wrong--
but our defense

is the government'’s conduct,
not the bank'’s.

I'’ll get there, but I
needed to lay some pipe.

At some point, I want to take
another shot with Kim,

which I'’ll need
your help with.

She'’s not going to
cut me any favors,

so when the
time'’s right,

I'’d like you to speak
to her, D.A. to D.A.

Who are you
kidding?

That woman was
caught on tape.

Stay out of it,
if you don'’t mind.

And... even if you do.

I'’d also like you
to handle Elaine'’s direct.

Really?

TOMMY: I want the jury to be
laser-locked on her story.

When she testifies,
I want her

to be the only one
in the room.

I tend to pull focus.
The jury won'’t notice you.

Got it. Thanks.

Uh, Chunhua.

Ollie Richard.
We haven'’t officially met.

Hello.
You finding
everything okay?

You getting set up?

Yes. Everyone'’s been so nice.

Thank you.
Yeah.

Yeah, they'’re
a great group.

Listen,
let'’s get coffee sometime.

I can give you a quick primer
on the litigation department.

That'’d be great.

Thank you.

What?

[snickers]

Ms. Korn, come on.

I was just as skeptical
as you, Your Honor.

And then I started
to review the data.

Virtually every high school
in America offers football.

Which makes the problem
more pervasive.

And you think
you'’re about to get

a court to legislate it away?

Not really.

My hope here is that you see
my clients have been victimized

and you recognize
that a court of law

is their only means
of finding a remedy.

And I would hope, Your Honor,

that the court tempers
its compassion

with pragmatism and the
controlling body of law.

The body of law is
about to shift.

Ms. Korn, I-I have a lot
of cases on my docket.

Your Honor, if I could just
get you to hear

from the treating
physician.

If you'’re inclined

to dismiss this
claim, then fine.

All I'’ll ask
is that you let your decision

be an informed one.

[sighs]

One witness-- 2:00.

And, Ms. Korn,

one witness means one witness.

HARRY:
Yes, Your Honor.

Thank you.

Okay, so let'’s put the
treating physician up first.

And then we'’ll call
the expert from BU,

assuming he
can get here.

Harry, the judge
said one witness only.

You heard him.

Really? I heard
"one at a time."

Get the treating physician
ready to go first,

and then the doc
from BU to follow.

Judge Gillot
is very no-nonsense.

The last thing we need

is for you to be held
in contempt.

Adam, how long
you been doing this?

The treating
physician first.

The guy from BU to follow.

Thank you.

We appreciate it very much.

Thank you again.

Okay. Bye.

Okay, the guy from BU
is getting on the airplane now.

All this assumes
the judge

will even let him
testify, which...

I'’m just saying,
the judge said one witness.

Where'’s Chunhua?
I need to arrange his pickup.

She went for coffee.

With Oliver.

Excuse me?

He took some time
to show her the ropes,

what have you.
Good egg, that Ollie.

Team player.She'’s my assistant.

I'’m sure they'’ll be back.

What'’s going on?

We'’re just going over
Elaine'’s testimony.No, you don'’t.

Out you go, Elaine. We'’ll
see you at the courthouse.Tommy.

Out you go, Elaine. We'’ll
see you at the courthouse.

We hadn'’t
even started.

Good to know.
Out you go.

I'’m not well-versed
on what her story is.

I certainly have to prepare.You want to know her story?

Her story
is emotion.

It'’s pain. It'’s anger.

If you squeeze it all
out of her now,

she'’ll have nothing left
when she gets up to testify.

We want her corked,
bottled up.

We pull that cork
in the courtroom, not here.

But we still need to prepare.

Cassie, if I thought it
was hard,

I wouldn'’t let you do it.

[chuckles]
Got it.

Just keep it simple.
Ask her what happened.

Let her tell that jury
what they did to her.

And don'’t pull focus.

By the time
he was wheeled

into the E.R.,
he was comatose.

He died about 40 minutes later.

I saw footage of that tackle.

It didn'’t seem
that bad.

And it'’s unlikely
that blow by itself

would have killed him.

An autopsy on his
brain revealed

some scar tissue caused
by a prior trauma.

Phillip died most likely by what
we call second-impact syndrome,

which can be fatal.

Once you get one concussion,

every one after that
is exponentially more dangerous.

Had he been treated before
for any concussions?

No, but what we'’re realizing now

is players'’ brains
are suffering trauma

by what we call
subconcussive injuries.

Subconcussive?

Uh, the kinds of blows

players typically
just shake off.

And you think this
is what happened to Phillip?

When we autopsied his brain,
we found evidence

of chronic traumatic
encephalopathy.

Brain damage.

Where we used to think CTE
was caused by these

big, dramatic collisions,
we'’re now realizing

that players'’ brains
are being damaged

by cumulative exposure as well--

these repetitive
subconcussive injuries.

You'’re talking about...

I'’m talking about playing
football, Ms. Korn.

Everyday football.

You can state
to a medical certainty

that Phillip Duggin died
from a football-related injury?

I can say to a certainty
that we found

a protein called
tau on his brain--

a protein caused by trauma.

Is it possible he suffered
from a genetic defect?

It'’s possible, but...

Thank you.
And not everyone

who plays football ends up
with dementia or CTE or...

In every football player
whose brain has been autopsied,

we'’ve found evidence
of tau or...

But these studies are skewed.

They'’re typically done

on players
who did suffer dementia,

but not every
player does.

Am I right?But that doesn'’t mean

they'’re not a little less smart
for having played.

Again, if you look
at the data...

Thank you,
but your testimony

goes to your findings, sir--

what you found

in your examination
of Phillip Duggin--

and while you can opine

this second-impact
syndrome,

that'’s just
an educated guess, right?

It'’s my medical opinion.

Based on the fact
that he had tau on his brain

and that he showed up
in the E.R.

wearing a football uniform,
but you can'’t state

to a medical certainty
that he died

as a direct result of an injury

sustained
while playing football,

can you?To a medical certainty,
no, but...

Thank you.

Your Honor, I would like to call
one more witness.

Excuse me?

Well, it'’s just that,

during the doctor'’s
testimony,

repeated references
were made

concerning current studies
being done

on the impact
of football on the brain.

I could redirect this witness
on those studies,

but wouldn'’t it be better
to hear from one

of the doctors
who actually conducted them?

In the interest of accuracy?

Get him straight
from the airport

to the courthouse--
I can brief him there.

There'’s a driver waiting.
All taken care of.

Ollie, excuse me.

Got a second?
Sure.

Hey.

What was that?

What?

Oh.

You wanted a second now?

Sorry. I didn'’t...

You want it now?
Chunhua
is my assistant.

I needed her earlier,
and she was not here

because you had taken her
out of the office.

I would appreciate it

if you clear something like that
with me first.

Oh. Okay.

I thought you just went
for coffee.

Hmm?

Oh, right. Sorry.

Yeah, we went for coffee.

Guess I drink a lot of coffee.

Something else?

Why were you having coffee
with Chunhua?

Just wanted to
give her the, uh,

rundown on how things
work around here.

Office politics,
that kind of nonsense.

Pecking order-- big guys,

little guys--
that sort of thing.

I don'’t want you ever taking
my assistant to coffee again.

You hear me?

That'’s not okay
with me.

Got it?

Got it. Sorry.

Whoa.

Lunch?

Okay if I take her to lunch?

HARRY:
My God.

All set. We should get going.Have you read these studies?

Not all of them,
but pretty bad-- I know.

Ready?

Uh, let me just get my bag.

Dr. Gold is at the
courthouse now.

I told him you
were on your way.

Good. Thanks.

Chunhua, I don'’t want you
going out for coffee

or lunch or anything else
with Oliver Richard.

Okay? I'’m not
comfortable with that.

Oh. Okay.

Why?

Excuse me?

Why don'’t you want me going
for coffee with Oliver Richard?

I just don'’t think
it'’s a good idea.

We'’ll leave it at that.

All set?Let'’s do it.

Well, first, my husband
lost his job, which...

it put a lot of strain
on the marriage.

Ultimately, it contributed to...

Well, after the divorce,

with the settlement,
I was able to buy a small house.

In Richmond?
Yes.

Um, the school systems
were good there, so...

I-I have three
children.

I wanted them to get
a good education,

so I moved to Richmond.

And then 2008 happened.

I lost my part-time job,
and my husband

couldn'’t make
his alimony payments,

and so, suddenly...

You couldn'’t make
your mortgage payment.

Yeah, so I went to my bank.

And they claimed

they were
in distress, too.

So what happened?

Well... I found God in a hurry.

And a friend of mine

in the banking industry said,
"Forget God.

Just pray for that
bailout package to go through."

He said that

if the government
bails out the banks,

that they could then rescue us.

And... and when it
did go through,

and when I saw
that headline--

"Congress approves
bailout package"-- I...

I did thank God then.
I did.

So I called Mr. Gray,
looking for my lifeline,

and he said,

true, they were receiving
federal help,

but they wouldn'’t be passing
any of that help onto us.

And how did that
make you feel?

You have no idea.

For 20 years,
I'’d been a loyal customer,

and then,
when I needed their help,

I just got, "Sorry.

Now we'’ll take
the keys to your house."

And then I called
my congressman,

and I got
the same response: "Sorry,

but no bailout money
for you."

Only the big people
get their help.

Only Wall Street.

And then what?

Well, I tried to move on--
I did-- but I couldn'’t.

The more I thought about it,
the angrier I...

They created this mess with
their giant Ponzi scheme,

and they get bailed out,
and they'’re supposed to use

that bailout money
to help people like us,

but what did they do?

They just stuck it deeper
in their own coffers,

and started taking
million-dollar bonuses.

So then I just decided that...

I'’d take things
into my own hands.

You know, I'’d...
I'’d be damned...

before I let my children go
homeless or let them starve.

So what did you do?

I got my gun,

went to my bank.

I looked that teller straight
in the eye and I said,

"I need money
to feed my children.

You'’re gonna give it to me."

And she did.

Then I left.

Okay, but, Elaine, I understand
why you blamed the banks,

but why the government?

The government enabled
all of this.

First by deregulating
the banks--

giving them carte blanche.

And then they gave them

$700 billion to do whatever
they want with.

And they kept it.

The government
let this happen,

and now all these rich bankers
are buying bigger houses

while people like me
are losing ours?

The government is complicit
in all of this.

Damn right I blame them!

Damn right!

Thank you.

I have nothing more.

I have nothing, Your Honor.

The public knows the toll
that professional football

takes on its players,
and that'’s great.

But what is still
not understood

is what the game is
doing to the kids.And by kids, you mean...?

The squirts-- elementary
school, high school.

Children should not

be allowed to play tackle
football, it'’s that simple.

That'’s a pretty aggressive
statement, Doctor.

If anything, the game
is more dangerous

the younger you go.

Why?

Because a young brain
is still just that-- young.

In the developmental stages,
when a neurological injury

can be profoundly more
damaging and enduring.

And you'’ve done tests on this?

Yes. In my most recent,

I studied the brains of 21
high school football players.

We did MRI neuro-imaging.

We specifically studied
the cognitive impairment

and every one of
them declined.
All of them?

Mm. And here'’s what was
truly disturbing:

Fully half of them

were nonconcussed.
By that, I mean

no clinical symptoms,
no apparent injuries.

Even with this group,

their cognitive skills
were negatively affected.

And we'’re sure all these boys
had proper protection?

Helmets protect against
outside traumas.

Concussions happen
inside the head--

the brain crashes
against the skull.

As equipment
gets better,

the players have only
become more fearless.

They play with more abandon.

If anything,
injuries have gone up.

Let'’s turn to Phillip Duggin
specifically.

Did you study his
autopsy results?

I did.

There was
an abnormal collection

of a protein called tau.

This is something we find
in Alzheimer'’s patients.

We don'’t expect to see it
in a 16-year-old boy.

And you think this was
caused by football?

Absolutely.

The concussion was all frontal,

and it was insular,
which suggests head trauma,

most of which was
probably sub-concussive.

Which means what?

A lot of repetitive little
whacks to the head.

The sport is not safe.

Suppose a little-league kid
takes a fastball on the noggin,

could that cause
tau on the brain?

Possibly, but in baseball,

you don'’t have
the repetitive traumas.

But getting beaned
with a fastball,

could that be concussive?Of course.

Hockey?
Checked into the boards?

Wrestling, dumped
on to your head?

High-risk sports
for head trauma?

Not as bad as football, but yes.

Skiing?There are a lot
of sports where...

Soccer, heading the ball?Heading the ball in soccer
should be banned.

How do you feel about
competitive cheerleading?

I'’m not a fan.
Boxing?

Should be banned.

Bobsledding,
luge, car racing?

Forget racing, how about
simply driving a car?

Statistically,
what'’s more dangerous,

getting into your
car to drive to the market,

or playing
in a game of football?

Driving a car is
statistically more dangerous.

But you'’re not suggesting
we ban automobiles.

Obviously, we'’re not going
to ban driving cars.

So you'’re open to tempering
your opinion

with common sense.

Failing that,
a little pragmatism.

Objection.

Withdrawn.
Nothing further.

How we doing?

So, Tommy sent you in
for the kill.

Come on, Kim.

Five years in prison
is pretty significant.

For sticking up a bank?

When you consider all the
circumstances...

Have you?

I have.

You really want 20?I do.

Huh. Isn'’t like you to
go all "Hosanna" on this.

The thing is, Cassie,

you don'’t regard your client
as a high risk to society.

I do.

She'’s a mother
with no prior criminal record.

Exactly.

You see the way that they'’re
looking at Elaine Lister.

They find her sympathetic.

Mm-hmm. Exactly.

And what am I missing?

Think about it.

KILDARE:
Sports--

especially contact sports,

are fraught with all kinds
of dangers.

Hockey, cheerleading,
skiing, skateboarding,

boxing, wrestling--
you can die,

become paralyzed or suffer brain
trauma doing any one of them.

Even heading
a soccer ball.

And there are worse.

Today we have cliff jumping,

hang gliding,
the extreme sports.

We'’ve all watched the X-Games.

Which are insane.

I suppose we
could ban it all.

Be safer.

But sport is in our culture.

Football especially so.

Like you said, virtually
every high school

in America offers it.

Colleges schedule
homecoming games.

Last week was Thanksgiving.

Almost all of America

was tuned in to
football on television.

It is deeply,

deeply embedded in our culture.

In fact, it is the most American
of all our sports.

And the idea that
it should be banned,

or that a court
would seek to punish

a school for
offering it...

Of course our hearts go out
to Phillip Duggin'’s family.

They suffered an
unimaginable tragedy.

But Phillip died
doing what he loved.

Blaming McKinley High for
having a football program...

that'’s just not the way to go.

I love the game. I do.

And true, I can'’t imagine
a Thanksgiving

without seeing
the Detroit Lions

or falling asleep
in the La-Z-Boy

while the cameraman
zooms in for

the turkey-day crotch-shot
of a Dallas Cowboy cheerleader.

And let'’s face it,

to actually know God is
to see the Ohio State Buckeyes

kick the [bleep]
out of Michigan.

Mr. Kildare is right,

football is ingrained
in the American culture.

But it comes at
a dangerous,

and as we'’re now
learning, deadly cost.

Chronic traumatic
brain injuries

are much more common
than we ever imagined.

Even routine little
practice hits over time

can cause CTE.

And younger players are
especially vulnerable.

Phillip died
of Second Impact Syndrome,

something that occurs mainly
in athletes under the age of 23.

Brains that are still forming.

Malcolm Gladwell,
the brilliant author,

recently wrote an article
in the New Yorker

comparing football
to dog-fighting--

blood sports,

where we throw
the innocent into a ring

to do deadly battle
for our entertainment.

Sure, other sports
are dangerous.

Hockey, skiing, heading
the ball in soccer.

But these sports, and others,

they can all be made safer.

Whereas football,
by its very nature--

the game calls for
high-performance athletes

to squat in a crouch
and then collide,

helmet-to-helmet,
on every single play.

We ask these kids to take
thousands of hits over time,

to their heads.

It is an inherently and
innately unsafe sport.

In product liability,

we call it a design defect.

As more and more players die,
and we autopsy the brains,

we'’re finding brain decay,
even in teenage athletes,

that'’s usually reserved for
old people with Alzheimer'’s.

Today'’s news stinks.

Tomorrow'’s figures to be worse.

With every ensuing study, the
picture gets a little more clear

and a lot more shocking.

The human head is not meant
to endure football.

Especially the heads
of younger players.

I love the game, Judge-- I do--

but as ingrained
as it is in our culture,

if it'’s hurting our kids,

really hurting them,

maybe it'’s time
to ingrain it out.

At a minimum, you can'’t tell
me I don'’t have a case here.

And even if you could...

...how do you tell them?

What do you think?

Well, honestly, we might
have a chance--

at least as far as beating
summary judgment goes.

Your closing was strong.

Adam, can I talk
to you a second?

Sure.

Give me a break.

[nervous chuckle]

Listen, I'’m not comfortable
with you telling me

who I can or can'’t
have coffee with.

I understand I have
a job to do,

I need to do it, and if
you want me at my desk

at all times during business
hours, I will respect that.

But to put some
blanket prohibition...

I'’m beginning to wonder if this
is a good idea, me working here.

Chunhua, look, I do not
intend to legislate

your personal life,
that'’s not my right.

The reason I...

I just don'’t want you around
dangerous snakes, okay?

And Ollie Richard
is a dangerous snake.

Don'’t get me wrong,
I actually like the guy.

I just think,
on certain levels...

he'’s a disgusting human being.

Sort of.

Well, if I want to
have coffee with him

on my personal time...

that should be my call.

Okay, never mind;
I'’ll never mention it again.

If you want to see Ollie
on your personal time--

and I do want you at your desk
during business hours,

by the way--
that'’s your right.

He'’ll just try to bed you,
but hey, whatever.

I don'’t care.

[sighs]

Look, I don'’t need to
convince you that she'’s guilty.

You saw the tape.

What I might need to
persuade you of...

is that you should care.

I mean, single mom...

under distress,
financial duress,

a good person.

Well, it'’s because
she'’s a good person

that we really
need to be concerned.

Because more and more good
people are just saying,

"You know, the law just
doesn'’t work for me."

And with all the social unrest
going on in this country,

we are on the cusp

of lawlessness getting
just a little out of hand.

We'’ve all seen the mob
violence in London.

We'’re seeing some
right here at home.

Recently, protesters took over
the Brooklyn Bridge in New York.

Kids on college campuses
are resorting

to violence to
protest tuition hikes.

People in tough economic times
are saying, "The hell with it!"

And as the civil unrest grows,

much of which is generated
by good people,

other good people are watching
them get away with it.

That lady--

that really nice lady--

walked into a bank,

stuck a loaded gun in
an innocent woman'’s face,

threatened to use it,
and walked out with $60,000.

With no outrage.

Not from the public.

Not from the press.

And probably... not from you.

Even her victim,
her own victim,

whispered, "Good for you."

That'’s how fed up
people are, and that'’s

how dangerously close
we are to anarchy.

And history will tell us

that when anarchy threatens,

society'’s best defense,
in fact its only defense,

is to alarm the lawbreakers
to vanish.

And when the good people

are knocking over banks,

it is time to sound the alarm.

Millions of people are
suffering in this economy.

God forbid they should get
the idea to arm themselves

and commit armed robbery.

Today, with your verdict,

you can either defend
against anarchy...

or you can join in.

It'’s really that simple.

Elaine Lister took $60,000.

For that, she faces prison.

There are bankers, investors,
who essentially stole billions.

Brought this country to
near economic collapse.

You know how many
have gone to jail?

Zero. None.

All those perpetrators
of the mortgage fraud

that crippled our economy,

caused financial ruin
for so many--

not one has even
been prosecuted.

But hey, let'’s get
Elaine Lister.

Consider the atrocities
committed

by the banking industry
and the government.

First the deregulation
of derivatives,

which paved the way for those
credit default swaps

leading to the great
mortgage Ponzi scheme.

Then, after those Wall Street

thieves [bleep] us all
up the ass...

Can I say that?

Those criminally incompetent
hacks in Washington

spent over a trillion dollars

in taxpayer money
to bail them out.

With no quid pro quo.

No system put in place to track

how the banks were
to use that money.

There were no requirements
that they

increase lending to consumers.

Instead, they just stuck it
in their own pockets,

took more big bonuses,
and as for the rest of us--

right up the ass again.

Throw '’em all in jail?

How about the ten
worst offenders?

How about one?

No, not one.

Not one.

But, hey,
let'’s get Elaine Lister.

Goldman Sachs deliberately

duped clients, sold them
lousy deals that their firm

then profited from
by betting against.

That'’s criminal fraud.

Jail? For anybody?

Nope.

But let'’s get Elaine Lister.

Ms. Mendelsohn says watch out,

we'’ve got social unrest.

Is it any wonder?

These lugnuts in Washington
nearly shut down the government

because they can'’t
pass a budget,

millions of Americans
are going belly-up,

what the hell do they expect?

When a government acts
to betray the interests of

its constituents, civil
disobedience isn'’t just a right,

but a duty.

Elaine Lister
was making a point that day.

She didn'’t wear a mask.

She knew she'’d get caught.

She was in that bank
to make a point.

She is not a criminal.

She is a hero.

The Outrageous
Government Conduct defense

is pretty simple:

It applies when the government
conduct is so outrageous

that it violates fundamental
principles of fairness

to prosecute a defendant.

If not now, when?

Government.

Hero.

Government... Hero.

Government.

Hero.

That'’s your choice.

[sighs]

Okay.

As novel as the
plaintiffs'’ lawsuit is,

in actuality, I suppose
it'’s nothing terribly new.

The President of the United
States once called

a White House Summit to address
the brutality of football.

A professor from the
University of Chicago

once called football,
and I quote:

"A boy-killing, man-mutilating,

"money-making,
education-prostituting,

gladiatorial sport."

The time was 1905, the president
was Theodore Roosevelt.

Since then, the sport

has only gotten
exponentially more violent.

What is new, however,
is the science.

The discovery of
Second Impact Syndrome,

and the revelation that even
little hits, in the aggregate,

are causing cognitive
decline in the short run,

possibly dementia
in the long run.

Players who aren'’t even
diagnosed with concussions

are being impacted.

It isn'’t good, folks.

Isn'’t good.

Ms. Korn, you know
full well the idea

that America will ban
football is preposterous.

Even Harvard, Princeton,
and Yale are still playing it.

But I do agree...

sometimes even our most
cherished traditions

have to be re-examined.

Especially when they'’re
killing our kids.

Mr. and Mrs. Duggin,
do not get your hopes up

with any jury, trust me.

But your cause of action
will not end with me.

The defendant'’s motion for
summary judgment is denied.

We are adjourned.

Well, how about that?

So we move forward.

I think
that maybe now, at least,

we can squeeze a settlement,

which I would
strongly encourage.

This seems very fast.

Too fast. They deliberated
less than an hour.

It'’s either very good
or very bad.

Still time to plea.
You could get nothing.

JUDGE:
The defendant will please rise.

Okay, Mr. Foreman, the jury
has reached a unanimous verdict.

What say you?

In the matter of the State
of Ohio vs. Elaine Lister,

on the matter of
Aggravated Armed Robbery,

we the jury find the defendant,
Elaine Lister...

guilty.

JUDGE: The defendant is
remanded into custody.

Sentencing will be
set for next Thursday.

Members of the jury,
the court thanks you.

You are dismissed.

This case is adjourned.

I'’m very sorry.You did your best, Tommy.

Thank you. Both of you.

We'’ll look for
ways to appeal.

Hopefully, we do
okay in sentencing.

Thank you. So much.

CASSIE:
You took your best shot, Tommy.

It was all
you could do.

Oh, come on, Tommy.

You didn'’t expect to
really win, did you?

You always seem to.

You had a dead-bang loser.

I mean, how do you
sue football?

It'’s right up there
with apple pie and guns.

Well, the law may
evolve some on football,

but it'’s going to stay pretty
fixed with bank robbers.

So that sexy voice
work for you in court?

Oh, this cold...
I can'’t shake it.

[gentle laugh]

Think it'’s sexy?

[laughing]

So what now?
You take this to a jury?

I'’m hoping to squeeze
some settlement now.

Maybe even an apology.

Come on.

I played football; I got
hit in the head many times.

[laughing]

Yeah, very funny.

Seriously, though,
a judge is one thing.

How do you sell a jury?

Probably don'’t.

[cheering]

After all, it'’s football.

Like you say, right up there
with apple pie and guns.

[cheering, whistling]

It'’s football.

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Score, score, score! Ooh!You stinker!