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1
00:00:01,540 --> 00:00:03,671
Reckless endangerment.
Suspend time. Let's go home.
2
00:00:03,738 --> 00:00:05,373
Funny.
Excuse me?
3
00:00:05,440 --> 00:00:07,109
I said, "funny."
Come back with
something then.
4
00:00:07,175 --> 00:00:08,577
I did come back.
With "funny"?
5
00:00:08,644 --> 00:00:09,879
Funny.
Helen.
6
00:00:09,946 --> 00:00:12,516
Bobby.
This man is not just a respected
doctor. He's beloved.
7
00:00:12,582 --> 00:00:14,685
Which makes his crime
more offensive.
8
00:00:14,752 --> 00:00:17,689
If he's a role model,
I have to worry about
the example he sets,
9
00:00:17,756 --> 00:00:20,059
as well as the crime,
which is murder,
by the way.
10
00:00:20,126 --> 00:00:21,928
You're never gonna get
a murder conviction on this.
11
00:00:21,994 --> 00:00:24,732
The Supreme Court even
considered legalizing
doctor-assisted suicides.
12
00:00:24,798 --> 00:00:27,168
Not for long. 9-zip.
You're in the ladies' room,
by the way.
13
00:00:27,235 --> 00:00:28,770
I'll win this.
Bobby.
14
00:00:28,837 --> 00:00:32,274
Helen.
It would be inappropriate to
hike up my skirt and bend over.
15
00:00:32,341 --> 00:00:35,478
But if I did, you'd see
a huge bug up my--
Helen.
16
00:00:35,545 --> 00:00:38,215
Bobby.
17
00:00:39,517 --> 00:00:42,354
What your guy committed
was murder.
18
00:00:42,420 --> 00:00:44,490
It's "pay the piper" time.
19
00:00:57,607 --> 00:00:59,276
[ Line Ringing ]
20
00:01:06,351 --> 00:01:07,853
[ Cell Door Opens, Closes ]
21
00:01:13,794 --> 00:01:18,433
[ Sirens Wailing ]
22
00:01:33,219 --> 00:01:35,021
Rebecca, pack the bag.
We're going to trial.
23
00:01:35,088 --> 00:01:37,425
She wouldn't take the plea?
Bug up her ass.
Where's Lindsay?
24
00:01:37,491 --> 00:01:39,527
In with Mr. Malzone.
Notify the witness.
Call the client.
25
00:01:39,593 --> 00:01:42,664
1:00? I can't believe it.
She turned down manslaughter?
26
00:01:43,833 --> 00:01:46,569
I can't go to jail.
My wife don't work.
27
00:01:46,636 --> 00:01:48,772
I got grandkids.
I can't go to jail.
28
00:01:48,839 --> 00:01:51,976
Mr. Malzone, if we don't
take the deal and we lose,
which we definitely will,
29
00:01:52,043 --> 00:01:53,912
you're gonna go away
for a lot longer.
30
00:01:53,979 --> 00:01:57,216
I don't understand.
He hasn't hurt anybody.
Why do they wanna put him jail?
31
00:01:57,283 --> 00:02:01,121
They don't really. They're going
after some of the higher-ups,
and they want Carl to help them.
32
00:02:01,188 --> 00:02:03,190
[ Knocking ]
Lindsay.
33
00:02:03,258 --> 00:02:06,762
- My husband never hurt nobody.
- Unfortunately,
they don't care about that.
34
00:02:06,828 --> 00:02:10,500
- I got grandkids.
- Your friend Helen,
how well do you know her?
35
00:02:10,567 --> 00:02:13,070
- Why?
- Why? Because she's taking
a hard line on Dr. Richards.
36
00:02:13,136 --> 00:02:16,507
Any other D.A. would plead
this out, but she's pressing
for at least murder two.
37
00:02:16,575 --> 00:02:18,810
She's a conservative D.A.
pretty much, but I don't know.
38
00:02:18,878 --> 00:02:20,980
Maybe she's mad at you
over losing the last one.
39
00:02:21,046 --> 00:02:23,984
Yeah, that's what I'm afraid of.
Anyway, I gotta steal Ellenor.
Okay.
40
00:02:24,050 --> 00:02:26,020
Oh, I can jump in.
My desk is clear.
41
00:02:26,087 --> 00:02:29,892
Yeah, thanks, Jimmy,
but Ellenor's more
up to speed on this.
42
00:02:29,958 --> 00:02:32,295
Eugene, how'd you like to do
the Malzone case with me?
43
00:02:32,361 --> 00:02:34,197
The bookie?
We lost the entrapment hearing.
44
00:02:34,263 --> 00:02:37,501
Best we can chip it down to
is 18 months, unless
he agrees to turn state.
45
00:02:37,567 --> 00:02:40,171
- I can jump in.
- This is more Eugene.
46
00:02:40,238 --> 00:02:43,074
Ellenor and I were thinking
"United States of America."
For a two-bit bookie?
47
00:02:43,142 --> 00:02:45,512
It's all we got. Come on.
I'll cover your child molester.
48
00:02:45,578 --> 00:02:48,148
Oh, he jumped bail.
Don't you start tomorrow?
49
00:02:48,215 --> 00:02:51,052
Facts are simple. Completely
guilty. We have absolutely
no defense whatsoever.
50
00:02:51,119 --> 00:02:53,121
- It's right up your alley.
- Meaning?
51
00:02:53,187 --> 00:02:55,658
Come on, Eugene.
For your country?
52
00:02:58,028 --> 00:03:02,533
And I repeated that I thought
the dosage would be fatal.
53
00:03:02,599 --> 00:03:05,503
[ Helen ]
What did the defendant
say then, Ms. MacKenzie?
54
00:03:05,570 --> 00:03:10,744
He said, "Nurse, when I give
you an instruction, it's not
your function to question it."
55
00:03:10,810 --> 00:03:14,081
What happened then?
Well, I did question it,
and I refused to do it.
56
00:03:14,148 --> 00:03:17,452
I don't kill my patients.
[ Groans ]
Objection.
57
00:03:17,518 --> 00:03:20,489
- Sustained.
- [ Helen ]What happened next?
58
00:03:20,556 --> 00:03:24,427
He stepped in and he turned up
the morphine drip himself--
59
00:03:24,494 --> 00:03:26,630
2,000 milligrams.
60
00:03:26,697 --> 00:03:29,000
Three hours later,she was dead.
61
00:03:29,067 --> 00:03:33,339
Did Dr. Richards say anything
when he turned up the drip?
62
00:03:33,406 --> 00:03:37,711
He said, "She's suffered enough,
and it's time for God
to take her."
63
00:03:39,447 --> 00:03:41,483
Thank you, Ms. MacKenzie.
64
00:03:42,417 --> 00:03:44,387
Mr. Donnell.
65
00:03:44,453 --> 00:03:48,725
The patient suffered
from ovarian cancer,
isn't that right, Ms. MacKenzie?
66
00:03:48,792 --> 00:03:51,496
It was morphine that killed her,
not cancer.
67
00:03:51,562 --> 00:03:54,333
Ma'am, I think we all
understand that you're
taking a position in this.
68
00:03:54,400 --> 00:03:57,770
What I would like is for you
to answer my questions without
trying to be an advocate.
69
00:03:57,837 --> 00:03:59,506
Is that fair?[ MacKenzie ]Yes.
70
00:03:59,572 --> 00:04:02,276
- [ Bobby ] Fine.
- Except one thing.
I know what you lawyers do.
71
00:04:02,343 --> 00:04:06,014
You're gonna try to beat upon me, and I'm telling youright now I won't take it.
72
00:04:06,081 --> 00:04:08,651
So proceed against meat your own risk.
73
00:04:08,718 --> 00:04:13,190
Ms. MacKenzie, I have a bladder
the size of a small cashew.
74
00:04:13,257 --> 00:04:16,694
Let's cut down the nonsense.
Just answer his questions.
75
00:04:18,931 --> 00:04:23,036
Jane Crewson's cancer
was terminal, wasn't it?
76
00:04:23,102 --> 00:04:26,306
- Yes.
- And she was in
considerable pain.
77
00:04:26,373 --> 00:04:29,845
- That's true too, isn't it?
- We don't go around killing
everyone in pain, counsel.
78
00:04:29,911 --> 00:04:33,583
There was a man in the next room
screaming over a kidney stone.
79
00:04:33,650 --> 00:04:35,652
Should we put him
out of his misery?
80
00:04:35,718 --> 00:04:37,688
Ma'am, that's Jane Crewson's
family sitting right there.
81
00:04:37,755 --> 00:04:40,258
That's her husband, her son
and her two daughters.
82
00:04:40,324 --> 00:04:43,896
Are you telling them
that you equate her cancer
with a kidney stone?
83
00:04:43,963 --> 00:04:47,433
- I didn't say that.
- Yeah, you did. That's exactly
what you just did.
84
00:04:48,869 --> 00:04:50,872
And if that's the sensitivity
you lend to your patients,
85
00:04:50,938 --> 00:04:53,909
then let's all
add to this tragedy
that on top of cancer...
86
00:04:53,976 --> 00:04:56,913
Mrs. Crewson had a nurse
with zero compassion!
87
00:04:56,980 --> 00:05:00,684
- Objection! Objection!
- This man did see her pain!
88
00:05:00,750 --> 00:05:04,455
This man did seethe difference betweencancer and a kidney stone.
89
00:05:04,522 --> 00:05:06,892
- Objection!
- All right, quiet!
90
00:05:06,958 --> 00:05:09,295
[ Clears Throat ]Ms. MacKenzie,
91
00:05:09,361 --> 00:05:13,000
if you wanna fight the dog,
I have no choice
but to unleash him.
92
00:05:13,066 --> 00:05:18,006
I suggest you answer
the questions, and that's it.
93
00:05:19,041 --> 00:05:21,010
Fine.
94
00:05:21,076 --> 00:05:25,616
Jane Crewson... wanted...
95
00:05:25,682 --> 00:05:28,186
to die, did she not?
96
00:05:28,253 --> 00:05:30,656
She suffered from dementia.
97
00:05:30,723 --> 00:05:32,892
[ Judge ]
Now hold on. Do you feel...
98
00:05:32,959 --> 00:05:35,429
that you really answered
the question he just asked?
99
00:05:35,495 --> 00:05:38,065
No, Your Honor.You hold on.
100
00:05:38,132 --> 00:05:40,101
I beg your pardon?
101
00:05:40,168 --> 00:05:43,139
The question assumed
Jane Crewson's capacity
to make a competent decision.
102
00:05:43,205 --> 00:05:46,142
The witness correctly took issue
with that assumption.
103
00:05:46,209 --> 00:05:48,679
Ms. Gamble, take your seat.
104
00:05:49,880 --> 00:05:52,951
Mr. Donnell, take yours.
I'm not finished yet.
105
00:05:53,017 --> 00:05:55,688
Indulge me.
106
00:05:55,755 --> 00:06:00,394
At the risk of both partiesmoving for a mistrial,
107
00:06:00,461 --> 00:06:02,797
which I won't grant,
108
00:06:02,864 --> 00:06:05,300
let me save us all
a lot of time.
109
00:06:05,367 --> 00:06:08,872
The prosecution put
this delightful personality
up here...
110
00:06:08,938 --> 00:06:11,408
to establish that
the victim died...
111
00:06:11,475 --> 00:06:15,012
as a result of the defendant
turning up the morphine drip.
112
00:06:15,079 --> 00:06:18,917
The defense doesn't disputeany of this.
113
00:06:18,984 --> 00:06:22,922
There really was no point
in Nurse MacKenzie
even testifying...
114
00:06:22,990 --> 00:06:26,026
other than to get in
her condemnation.
115
00:06:26,094 --> 00:06:31,533
To counter that condemnation,
the defense wants
to establish...
116
00:06:31,601 --> 00:06:35,672
that the victim was terminal,
in severe pain...
117
00:06:35,739 --> 00:06:41,713
and that her family
sitting there requested
that she be allowed to die.
118
00:06:41,780 --> 00:06:44,951
The prosecution doesn'tdispute any of that.
119
00:06:45,018 --> 00:06:50,625
You see, the facts being offered
by this witness are a given.
120
00:06:50,691 --> 00:06:54,296
This is all about presentation.
121
00:06:56,265 --> 00:06:59,369
I just saved you a full day.
122
00:06:59,436 --> 00:07:02,373
The problem is she got
to make her presentation.
I didn't get to make mine.
123
00:07:02,440 --> 00:07:05,544
As if I care.
I don't know what you're
complaining about.
124
00:07:05,610 --> 00:07:07,512
- I'm the one that got hurt.
- What?
125
00:07:07,580 --> 00:07:10,083
[ Judge Pratt ] How?
You were hostile
to my chief witness.
126
00:07:10,150 --> 00:07:12,218
You basicallydiscredited her.
She was the hostile one.
127
00:07:12,286 --> 00:07:14,555
- Give me a break.
- Excuse me. Could I speak?
128
00:07:14,622 --> 00:07:17,325
Your witness got to tell her
story. I didn't get my cross.
Maybe dismiss all witnesses...
129
00:07:17,392 --> 00:07:19,161
and make the trial about you.
130
00:07:19,227 --> 00:07:21,164
[ Judge Pratt ]
Hey. You see what
I'm talking about?
131
00:07:21,230 --> 00:07:25,803
Here are my rules.
We're gonna try this case
with no crap.
132
00:07:25,870 --> 00:07:27,906
No argumentative
grandstanding.
133
00:07:27,973 --> 00:07:31,844
None of that stuff you typically
pull that makes people call you
what they call you.
134
00:07:31,911 --> 00:07:35,082
- Uh, what do they call us?
- Lawyers.
135
00:07:35,148 --> 00:07:39,721
We're gonna march into
that room, and we're
gonna try something new.
136
00:07:39,788 --> 00:07:43,526
We are going to limit
this case...
137
00:07:43,593 --> 00:07:46,496
to this case.
138
00:07:46,562 --> 00:07:48,432
[ Elevator Bell Dings ]
139
00:07:48,499 --> 00:07:51,168
He's a blowhard.
Big one.
140
00:07:51,235 --> 00:07:54,072
Look, how could you
not plead this?
Because I can't.
141
00:07:54,139 --> 00:07:56,509
So you'd rather
lose?
Yep.
142
00:07:56,575 --> 00:07:58,478
Fine. You will.
Fine.
143
00:07:58,545 --> 00:08:00,114
Fine.
Fine.
144
00:08:00,180 --> 00:08:02,350
[ Lindsay ]You're prosecuting?
[ Man ] Lucky me.
145
00:08:02,417 --> 00:08:06,154
Chris and I used to date.
Then lucky us.
That's grounds for dismissal.
146
00:08:06,222 --> 00:08:09,091
Right.
Chris, come on.
He's a small-time bookie.
147
00:08:09,158 --> 00:08:11,795
And if he gives up
the big-time bookie,
he goes completely free.
148
00:08:11,862 --> 00:08:14,332
You know that's not
an option for him.
149
00:08:14,398 --> 00:08:17,502
Mr. Kelton, this isn't
the guy you want. He can't
give you the guy you want.
150
00:08:17,569 --> 00:08:20,440
And that sticks us all between
a rock and a hard place...
151
00:08:20,506 --> 00:08:22,743
with a case none of us
want to try.
152
00:08:22,809 --> 00:08:25,446
Kick this one
and we'll owe you.
153
00:08:25,512 --> 00:08:27,882
You'll owe me?
Yes.
154
00:08:27,949 --> 00:08:30,418
- Owe me what?
- A favor.
155
00:08:30,486 --> 00:08:33,522
Everything goes around here.
One day you'll need
a favor from us.
156
00:08:33,590 --> 00:08:38,128
And when the time comes,
think how relieved you'll be
that we owe you.
157
00:08:38,195 --> 00:08:40,365
That's not the way I operate,
Mr. Young.
158
00:08:40,431 --> 00:08:42,868
Mmm. One day you will.
159
00:08:44,370 --> 00:08:46,273
Think I'll try the case.
160
00:08:52,280 --> 00:08:55,317
Oh, that didn't work, Eugene.
I didn't ask you
to intimidate him.
161
00:08:55,384 --> 00:08:58,421
I didn't, obviously.
162
00:09:01,658 --> 00:09:05,497
[ Jimmy ] You think he'sever gonna give me a case?
Excuse me?
163
00:09:05,563 --> 00:09:07,633
Bobby.
164
00:09:07,700 --> 00:09:09,869
I just sit around here
countin' paper clips.
165
00:09:09,936 --> 00:09:12,006
I-It's not likewe ain't busy, Rebecca.
166
00:09:12,072 --> 00:09:14,041
We got about a hundred cases.
167
00:09:14,108 --> 00:09:16,044
I mean, that's like
15 per lawyer.
168
00:09:16,111 --> 00:09:17,446
And how many
per paper clip?
169
00:09:20,449 --> 00:09:23,887
- Why won't he give me a case?
- Jimmy, Bobby knows
you're a good lawyer.
170
00:09:23,954 --> 00:09:26,991
Right. Why won't
he give me a case?
171
00:09:27,058 --> 00:09:28,993
Why don't you
think about it?
172
00:09:32,832 --> 00:09:37,004
She didn't want her body
and her mind to go on
disintegrating.
173
00:09:37,071 --> 00:09:40,242
She didn't want
her children to see.
174
00:09:40,308 --> 00:09:43,111
This was a very vibrant woman,
a proud--
175
00:09:43,178 --> 00:09:47,351
Was it her decision to die?
176
00:09:47,417 --> 00:09:49,286
Yes.
177
00:09:49,353 --> 00:09:52,924
And as her legal guardian,
you concurred?
178
00:09:53,892 --> 00:09:55,895
She was in pain.
179
00:09:55,962 --> 00:10:00,267
There was no quality to her life
anymore. She was slipping
in and out of comas.
180
00:10:00,333 --> 00:10:04,105
It was too hard on her.
It was too hard on my children.
181
00:10:06,108 --> 00:10:10,113
And when you approached
Dr. Richards a-about--
182
00:10:11,047 --> 00:10:13,017
What-What did he tell you?
183
00:10:13,084 --> 00:10:15,219
He said that, legally speaking--
184
00:10:15,286 --> 00:10:18,123
that... he couldn't
euthanize her,
185
00:10:18,190 --> 00:10:22,462
that all he was permitted
to do was increase
her pain medication,
186
00:10:22,529 --> 00:10:25,432
but that the likely
consequence of that would be
that she would die.
187
00:10:27,702 --> 00:10:30,439
And what did you say
to that, sir?
188
00:10:32,775 --> 00:10:34,811
Sir?
189
00:10:34,878 --> 00:10:36,847
I said, "Do it."
190
00:10:36,914 --> 00:10:40,184
It was a blessing.
191
00:10:44,123 --> 00:10:47,928
She did suffer from dementia,
right?
Off and on.
192
00:10:47,994 --> 00:10:50,397
Some days she'd be
remarkably coherent.
193
00:10:50,464 --> 00:10:52,334
She wanted to die.
194
00:10:53,702 --> 00:10:55,504
Three months prior
to her death,
195
00:10:55,571 --> 00:10:58,908
you petitioned the court
for guardianship, right?
Yes.
196
00:10:58,975 --> 00:11:04,115
You cited as a reason she was
no longer mentally competent
to make decisions in her life.
197
00:11:04,182 --> 00:11:07,253
She was of clear mind
in her wish to die.
198
00:11:07,319 --> 00:11:10,924
I was married to her
for 22 years.
I would know.
199
00:11:10,991 --> 00:11:13,627
I would know.
200
00:11:13,694 --> 00:11:17,599
The court did find her
mentally incompetent,
isn't that correct, sir?
201
00:11:17,666 --> 00:11:20,403
- That was a legal ruling.
- Yes. And legally,
202
00:11:20,470 --> 00:11:23,874
since she was in factjudged incompetent,
203
00:11:23,940 --> 00:11:26,744
this had to be your decision
to let her die.
204
00:11:26,811 --> 00:11:28,847
Isn't that right, sir?
Yes.
205
00:11:28,914 --> 00:11:30,983
You spoke of your pain...
206
00:11:31,049 --> 00:11:35,054
having to watch your wife
deteriorate this way.
207
00:11:35,122 --> 00:11:39,560
Would it be fair to say
this pain was immense for you?
It would be fair.
208
00:11:39,627 --> 00:11:42,097
Have you ever been through
anything more painful?
209
00:11:42,164 --> 00:11:43,933
No.
210
00:11:44,000 --> 00:11:45,935
I hate to ask this, sir,
211
00:11:46,002 --> 00:11:50,674
but can we really be sure
you were of sound mind
through all this?
212
00:12:02,323 --> 00:12:05,093
Let's make it quick.
I'm a busy man.
213
00:12:06,962 --> 00:12:09,165
Twenty times on the Patriots,
214
00:12:09,232 --> 00:12:13,538
times two on the Steelers,
Cowboys and Dolphins each,
215
00:12:13,604 --> 00:12:17,208
10 times on
the Raiders.
216
00:12:19,045 --> 00:12:24,952
Detective, does that videotape
accurately reflect the events
of December 19, 1996?
217
00:12:25,018 --> 00:12:28,189
It does.
You placed bets
with Mr. Malzone...
218
00:12:28,256 --> 00:12:30,492
on national league
football games?
219
00:12:30,559 --> 00:12:32,495
I did.
220
00:12:32,562 --> 00:12:34,397
Yours.
221
00:12:34,464 --> 00:12:36,733
You actually put money
on the Raiders?
222
00:12:36,800 --> 00:12:39,471
Well, it wasn't about trying
to win the bet, counsel.
223
00:12:40,572 --> 00:12:42,508
Clearly.
224
00:12:42,575 --> 00:12:44,510
[ Laughing ]
225
00:12:45,912 --> 00:12:48,615
Did Mr. Malzone solicit you in
any way to make these wagers...
226
00:12:48,683 --> 00:12:51,019
- or did you go to him?
- I went to him.
227
00:12:51,086 --> 00:12:54,690
Part of a big sting
to get big fish in
a big organized gaming mob.
228
00:12:54,756 --> 00:12:57,594
- Wasn't that it?
- Basically.
229
00:12:57,660 --> 00:13:01,432
And is this the fish you were
looking to get, or were you
looking to trade up?
230
00:13:01,499 --> 00:13:03,602
The latter.
231
00:13:06,138 --> 00:13:08,474
There's no point putting
the daughter up.
You don't know what I'll ask.
232
00:13:08,541 --> 00:13:10,310
I know you'll be putting
the law on trial.
233
00:13:10,376 --> 00:13:12,113
Her testimony will go to
the facts of this case.
234
00:13:12,179 --> 00:13:15,417
It'll be a tearjerk fest,
we all know that,
with nothing relevant.
235
00:13:15,483 --> 00:13:18,754
Say that to the jury. "Nothing
relevant" to the daughter
whose mother died of cancer.
236
00:13:18,821 --> 00:13:22,326
That's exactly the typeof pandering--Quiet now.
237
00:13:22,392 --> 00:13:25,396
I have a question.You ever talk?
238
00:13:25,463 --> 00:13:27,732
Do I need to?
239
00:13:27,799 --> 00:13:31,403
Look, the witness hasno relevant testimonywhich goes to the issue.
240
00:13:31,470 --> 00:13:35,308
I'd ask you to rule not
from your heart but your head.
I'd settle for your bladder.
241
00:13:35,375 --> 00:13:38,012
Cute.
242
00:13:38,079 --> 00:13:40,582
Look, she's right.
This is a reach.
243
00:13:40,649 --> 00:13:43,819
This is a criminal case.
244
00:13:43,886 --> 00:13:46,523
- I should get some rope.
- Don't hang yourself with it.
245
00:13:47,858 --> 00:13:50,862
- I won't.
- Short leash.
246
00:13:50,928 --> 00:13:53,131
The daughter can testify.
247
00:13:53,198 --> 00:13:55,401
The bladder crack cost you.
248
00:13:59,840 --> 00:14:02,076
What?
249
00:14:02,142 --> 00:14:04,412
You seem a little crisp.
250
00:14:04,479 --> 00:14:07,249
Know what? All these
murder trials we're gettin',
251
00:14:07,316 --> 00:14:10,053
they started pourin' in
after we got Gerald Braun off.
252
00:14:10,120 --> 00:14:14,192
That made Bobby the hot lawyer
in town for gettin' people off.
253
00:14:14,258 --> 00:14:16,227
It all started with
the Braun trial.
254
00:14:16,295 --> 00:14:18,998
So?
So it was my strategy.
255
00:14:19,064 --> 00:14:21,467
I had the idea for
jury nullification--
256
00:14:21,534 --> 00:14:23,870
Same strategy he's usin'
on this doctor trial.
257
00:14:23,937 --> 00:14:27,675
So?
So I shouldn't be treated like
I'm some second-class lawyer.
258
00:14:27,742 --> 00:14:31,614
You came here after
getting fired from a bank
for falsifying loan documents.
259
00:14:31,680 --> 00:14:34,384
For this office.
To help people here.
260
00:14:34,451 --> 00:14:37,087
Last week you were arrested
for picking up a hooker.
261
00:14:37,154 --> 00:14:38,990
For which I was cleared.
I was innocent.
262
00:14:39,057 --> 00:14:41,393
Yeah. Details.
263
00:14:41,460 --> 00:14:44,096
Jimmy, this is Boston.
264
00:14:44,163 --> 00:14:47,768
Half of what you are as
a lawyer is what the judge
and other lawyers think of you.
265
00:14:47,835 --> 00:14:50,772
Jimmy, right now
they think you're a hack.
266
00:14:52,274 --> 00:14:56,546
Bobby knows you're
a good lawyer.
267
00:14:56,612 --> 00:14:59,249
You have to lay low
a little longer.
268
00:15:00,852 --> 00:15:02,754
[ Sighs ]
269
00:15:04,056 --> 00:15:07,059
I'd run some numbers--
small-time.
270
00:15:07,126 --> 00:15:10,129
Football, boxing--
I usually do good.
271
00:15:10,196 --> 00:15:12,733
Mr. Malzone,
let's cut to it.
272
00:15:12,800 --> 00:15:15,570
Do you work for a larger
gaming organization?
273
00:15:15,636 --> 00:15:19,575
Not really.
I-I-I'm kind of retired.
274
00:15:19,642 --> 00:15:22,780
They allow me to work
to pick up some money.
275
00:15:22,846 --> 00:15:25,449
Most of my clients
are longtime friends.
276
00:15:25,516 --> 00:15:29,188
So, who are the people
you work for?
277
00:15:29,254 --> 00:15:33,093
I can't tell you that.
Why not, sir?
278
00:15:33,159 --> 00:15:35,996
Because there's
a code of loyalty.
279
00:15:36,063 --> 00:15:38,400
These people have
been loyal to me.
280
00:15:38,466 --> 00:15:40,435
I stay loyal to them.
281
00:15:40,502 --> 00:15:43,038
[ Stammers ]
We're family.
282
00:15:43,106 --> 00:15:47,077
And that's why you won't
reveal their identity,
because of loyalty?
283
00:15:47,144 --> 00:15:49,246
That, and they'd kill me.
284
00:15:49,313 --> 00:15:52,484
[ Laughs, Clears Throat ]
285
00:15:55,154 --> 00:15:57,257
[ Lindsay ]
He's so cute.
Why can't you kick him?
286
00:15:57,324 --> 00:16:00,661
Oh, 'cause it sends the wrong
message to all the other
cute bookies out there.
287
00:16:00,728 --> 00:16:03,264
You bet on football, Chris.
Come on.
288
00:16:03,331 --> 00:16:05,434
[ Sighs ]
289
00:16:05,500 --> 00:16:07,670
Okay. Tell you what.
290
00:16:07,737 --> 00:16:11,041
This is unorthodox, but if
you're willing to go for it--
291
00:16:11,107 --> 00:16:14,245
What?
One kiss.
292
00:16:14,311 --> 00:16:16,648
Excuse me?
Yeah, for old times' sake.
293
00:16:16,714 --> 00:16:19,685
One kiss-- a good kiss--
the case melts away.
294
00:16:20,920 --> 00:16:22,956
[ Laughs ]
295
00:16:23,023 --> 00:16:25,259
Grow up.
I'm serious.
296
00:16:25,326 --> 00:16:27,462
Lips and deal have
to stay sealed though.
297
00:16:29,598 --> 00:16:33,870
You're serious?
You'd actually kick this
if I kissed you?
298
00:16:36,006 --> 00:16:38,677
No. I'm not serious.
299
00:16:38,743 --> 00:16:42,948
But you considered it. I saw
it in your eyes. So why don't
you just kiss me for free,
300
00:16:43,015 --> 00:16:45,651
and then you don't have to think
of yourself as for sale?
301
00:16:45,719 --> 00:16:47,988
You just think you're too cool,
don't you?
302
00:16:48,055 --> 00:16:51,293
[ Laughs ]
I can't drop the case.
I've got marching orders.
303
00:16:51,359 --> 00:16:54,129
What is up with your office?
You're going after
a small-time numbers guy,
304
00:16:54,196 --> 00:16:57,066
prosecuting a doctor for
turning up a morphine drip.
305
00:16:57,133 --> 00:16:59,003
That's Gamble, not the office.
306
00:16:59,069 --> 00:17:02,039
In fact, they suggested
she pull back on that,
and she refused.
307
00:17:02,107 --> 00:17:05,076
- Really? Why?
- You know her better than I do.
308
00:17:09,081 --> 00:17:10,951
Blow!
It is my birthday.
309
00:17:11,018 --> 00:17:13,421
[ All ]
Blow!
310
00:17:13,487 --> 00:17:16,992
Oh!
[ Ellenor ]
That was four years ago?
311
00:17:17,059 --> 00:17:19,395
Yes, her 45th.
312
00:17:25,436 --> 00:17:27,539
Happy birthday.
313
00:17:29,007 --> 00:17:30,943
I love you.
314
00:17:32,178 --> 00:17:34,781
[ Woman ]
That was about a week
before she died.
315
00:17:34,848 --> 00:17:39,454
[ Ellenor ] Julie, can you tell
us a little bit about the day
your mother passed away?
316
00:17:39,520 --> 00:17:42,224
Well, she knew it was
probably one of her last.
317
00:17:42,291 --> 00:17:44,561
She wasn't completely alert.
318
00:17:44,627 --> 00:17:48,266
But she could recognizeall of us.
319
00:17:48,332 --> 00:17:50,501
Can you talk about
the last few hours?
320
00:17:50,568 --> 00:17:56,109
Well, we had put up pictures--
321
00:17:56,176 --> 00:17:59,646
large blown-up photographs
all around the room.
322
00:17:59,713 --> 00:18:03,551
Pictures of when we were
little and so forth.
323
00:18:04,519 --> 00:18:07,523
The, uh--
324
00:18:07,590 --> 00:18:11,595
The doctor came in around noon,
and we all had to, uh--
325
00:18:13,831 --> 00:18:17,269
He wanted to make sure
that we were all sure.
326
00:18:17,336 --> 00:18:20,239
[ Ellenor ]
We can take a break
anytime you want.
327
00:18:20,306 --> 00:18:23,043
No, I'm okay.
328
00:18:24,578 --> 00:18:28,550
After he turned up the morphine,
329
00:18:28,617 --> 00:18:31,687
we knew she had about
an hour left of consciousness.
330
00:18:33,523 --> 00:18:35,792
We all held hands.
331
00:18:37,394 --> 00:18:39,497
My sister and I sang.
332
00:18:41,467 --> 00:18:43,903
She used to love it when we--
333
00:18:47,674 --> 00:18:52,614
We all held hands. We told her
how much we loved her.
334
00:18:52,681 --> 00:18:55,918
She told us how much
she loved us.
335
00:18:57,387 --> 00:19:00,891
And then she faded off
into sleep.
336
00:19:02,560 --> 00:19:08,301
Julie, the prosecution
is trying to convict
Dr. Richards of murder.
337
00:19:08,368 --> 00:19:10,871
Yeah, which to me is sick.
338
00:19:10,937 --> 00:19:14,876
My mother had a good death.It was peaceful.
339
00:19:14,942 --> 00:19:17,379
I mean, she could've gone out
with pain and bedsores,
340
00:19:17,446 --> 00:19:20,449
and instead she died
without hurt.
341
00:19:20,516 --> 00:19:23,854
She died with her family there
loving her.
342
00:19:23,921 --> 00:19:28,694
And with her knowing that,
it was a good death.
343
00:19:30,696 --> 00:19:35,603
And I am so grateful,
and so was my mother.
344
00:19:43,212 --> 00:19:45,882
We put Dr. Richards up.
That should be it.
Where are we on Malzone?
345
00:19:45,949 --> 00:19:48,285
Dead in the water.
They got it on tape.
Carl won't plead.
346
00:19:48,352 --> 00:19:50,422
Well, you better make him plead.
347
00:19:50,488 --> 00:19:52,891
Jimmy, everything okay?
348
00:19:52,958 --> 00:19:56,996
Sure. I'm just sitting here
doing nothing. It's my niche.
349
00:19:58,933 --> 00:20:01,436
- Well, maybe we could
talk about it later.
- Oh, sure.
350
00:20:01,502 --> 00:20:03,972
I can pencil "later"
into my schedule.
351
00:20:04,039 --> 00:20:06,542
Okay, Ellie, let's go.
Make him take the plea.
352
00:20:09,779 --> 00:20:13,017
The term we use for it
is "managed death."
353
00:20:13,084 --> 00:20:15,954
- Does that mean
you cause the death?
- No.
354
00:20:16,020 --> 00:20:18,724
It means that faced with
an inevitable death,
355
00:20:18,791 --> 00:20:21,394
managing it
to relieve suffering.
356
00:20:21,461 --> 00:20:24,732
And in the case of Jane Crewson,
that meant turning up
the morphine drip?
357
00:20:24,799 --> 00:20:26,801
Yes.
To a potentially
lethal dosage?
358
00:20:26,868 --> 00:20:28,671
Yes.
359
00:20:28,737 --> 00:20:31,607
- And the patient consented?
- That's correct.
360
00:20:31,674 --> 00:20:33,610
As did her family?
Yes.
361
00:20:33,677 --> 00:20:38,183
- Did you clear this decision
with the hospital authorities?
- No, I did not.
362
00:20:38,249 --> 00:20:43,122
Really? Isn't this kind of
a big thing, hastening
a patient's death?
363
00:20:43,189 --> 00:20:46,660
Of course it is.
It is also a privacy issue.
364
00:20:46,727 --> 00:20:50,298
Even so, you'd think
the hospital might have
something to say on this.
365
00:20:50,364 --> 00:20:54,336
Well, I hate to be blunt
to the point of sounding cold,
366
00:20:54,403 --> 00:20:58,041
but if hospitals took time out
to review every decision
that was made...
367
00:20:58,108 --> 00:21:01,278
to let a patient die,
the system would choke.
368
00:21:01,345 --> 00:21:04,917
[ Ellenor ]
So you mean this goes on a lot?
369
00:21:04,983 --> 00:21:07,286
Seventy percent of all deaths
in hospitals...
370
00:21:07,353 --> 00:21:10,157
are due to decisions
to let the patient die.
371
00:21:10,224 --> 00:21:13,361
[ Ellenor ] Seventy percent?
Most deaths aren't
that dramatic.
372
00:21:13,428 --> 00:21:18,667
It's doctor and patient
and family deciding it's time.
373
00:21:18,735 --> 00:21:23,040
And in your medical opinion,
sir, it was time
for Jane Crewson?
374
00:21:23,106 --> 00:21:25,643
No. The medical opinion
was that all we could do...
375
00:21:25,709 --> 00:21:30,483
was prolong her life
with various treatments--
prolong her suffering.
376
00:21:30,550 --> 00:21:36,157
Her personal decision,supported by her family,was that it was time.
377
00:21:36,223 --> 00:21:39,026
Now, given the law againsteuthanasia, Doctor,
378
00:21:39,094 --> 00:21:41,129
weren't you tempted
to deny their request?
379
00:21:41,196 --> 00:21:44,534
Again, the morphine drip was
not meant to euthanize her.
380
00:21:44,601 --> 00:21:46,403
It was meant to relieve pain.
381
00:21:46,470 --> 00:21:49,407
But you did know that--
The likely result, yes.
382
00:21:49,474 --> 00:21:52,378
But legally, I believe
I stayed within bounds.
383
00:21:52,444 --> 00:21:57,985
And morally, when a terminal
patient in severe pain...
384
00:21:58,051 --> 00:22:03,024
asks that she be allowed to die
with a modicum of decency,
385
00:22:03,091 --> 00:22:05,027
I listen.
386
00:22:05,094 --> 00:22:08,064
And I listened to Jane Crewson.
387
00:22:08,131 --> 00:22:10,801
Thank you.
388
00:22:18,877 --> 00:22:21,381
I got it down to a year.
That's pretty good, Carl.
389
00:22:21,448 --> 00:22:23,617
A year in jail,
at my age?
390
00:22:23,684 --> 00:22:25,486
That could be
a death sentence.
391
00:22:25,553 --> 00:22:28,424
- It won't be a death sentence.
- What will I do?
392
00:22:28,490 --> 00:22:30,659
Mrs. Malzone,
we have to consider
the lesser of two evils.
393
00:22:30,727 --> 00:22:33,263
What do you think, Eugene?
394
00:22:33,330 --> 00:22:36,200
Well, it's tough.
If you lose, you're looking
at three to four.
395
00:22:36,267 --> 00:22:38,737
This isn't even a close call.
They had you on videotape.
396
00:22:38,803 --> 00:22:40,672
It's your third time.
The jury knows that.
397
00:22:40,739 --> 00:22:42,842
Take the plea.
398
00:22:45,812 --> 00:22:48,282
I wanna hear you say it.
399
00:22:52,154 --> 00:22:54,323
- Let's roll the dice.
- Eugene.
400
00:22:54,390 --> 00:22:57,260
Could I speak to you
in private a second?
Excuse us.
401
00:23:00,498 --> 00:23:02,167
Hey!
Are you nuts?
402
00:23:02,233 --> 00:23:04,536
I think we got a shot.
With "United States
of America"?
403
00:23:04,603 --> 00:23:06,405
How?
It was your idea.
404
00:23:06,472 --> 00:23:08,775
Yes, because we're so desperate,
it's malpractice
not to take the plea.
405
00:23:08,841 --> 00:23:10,510
I think I can win it.
You can't.
406
00:23:10,578 --> 00:23:12,346
I can.
You know what?
407
00:23:12,413 --> 00:23:14,916
This is-- This--
You're all goosed
over the challenge.
408
00:23:14,983 --> 00:23:17,152
Th-This is fun for you.
You're not thinking of him.
409
00:23:17,219 --> 00:23:19,990
This about how deep a hole
you think you can jump out of.
Hey.
410
00:23:20,056 --> 00:23:22,292
No, you "hey."
No, you "hey."
You brought me in.
411
00:23:22,359 --> 00:23:26,798
You asked me to try it.
I think I can win it.
In fact, I know I can.
412
00:23:28,033 --> 00:23:31,504
Funny. I had planned to
cross-examine you with,
413
00:23:31,570 --> 00:23:35,976
"Hey, if we let you do it,
what's to stop all the other
doctors from doing it?"
414
00:23:36,043 --> 00:23:39,948
But you said
they're already doing it.
415
00:23:40,015 --> 00:23:43,185
Seventy percent of
all hospital deaths.
416
00:23:43,252 --> 00:23:47,358
That's not my statistic. It
comes from theJournal of the
American Medical Association.
417
00:23:47,425 --> 00:23:51,996
Yes, and you used
that statistic to say
you're right,
418
00:23:52,064 --> 00:23:54,867
where I'd use it to say
I'mright.
419
00:23:54,934 --> 00:23:58,939
This is what happens
when you let doctors start
killing their patients.
420
00:23:59,005 --> 00:24:01,242
- [ Bobby ]Objection.
- Sustained.
421
00:24:01,308 --> 00:24:05,313
Tell me, Doctor.
I have a shooting homicide
next week.
422
00:24:05,381 --> 00:24:08,652
If the defendant correctly
points out that the leading
cause of death...
423
00:24:08,718 --> 00:24:11,055
in teenage boys is gunshots,
424
00:24:11,121 --> 00:24:13,191
should that excuse
his pulling the trigger?
425
00:24:13,258 --> 00:24:15,861
[ Together ]
Objection.
Sustained.
426
00:24:15,927 --> 00:24:19,732
No, I'd like to respond.
For you to equate what I did to
a shooting homicide sickens me.
427
00:24:19,799 --> 00:24:23,136
Well, if you're sick,
please don't go to a doctor
who's quick with the morphine.
428
00:24:23,203 --> 00:24:26,608
- [ Bobby ] Objection!
- Sustained. Please take
your seat, Dr. Richards.
429
00:24:28,610 --> 00:24:32,348
You seem impulsive.
You make decisions on impulse?
430
00:24:32,415 --> 00:24:35,252
- [ Together ]
Objection!
- The cashew beckons.
431
00:24:35,319 --> 00:24:38,756
I'll see lawyers
in chambers, please.
432
00:24:38,823 --> 00:24:42,161
- What's going on?
- What?
433
00:24:42,228 --> 00:24:44,664
Attack dog isn't
your style, Helen.
434
00:24:44,731 --> 00:24:47,167
And you've looked ripe for
a fight since we've started.
435
00:24:47,234 --> 00:24:49,337
I don't know what
you're talking about.
Don't feed me that.
436
00:24:49,404 --> 00:24:52,040
Both of you are
too loaded for bear.
437
00:24:52,107 --> 00:24:54,310
What am I missing?
Nothing from me.
438
00:24:54,376 --> 00:24:57,347
- Nothing from me.
- Must be me.
439
00:24:57,414 --> 00:24:59,717
Or not.
440
00:24:59,783 --> 00:25:05,424
Aside from the fact that
your hostility is borderline
contempt, it's bad lawyering.
441
00:25:05,490 --> 00:25:08,795
Tough to convince
a jury of anything
when they don't like ya.
442
00:25:08,862 --> 00:25:11,765
Whatever's going on,
dial it back.
443
00:25:11,833 --> 00:25:15,203
[ Door Opens ]
444
00:25:15,270 --> 00:25:17,573
More than words,
seeing is believing.
445
00:25:17,640 --> 00:25:20,610
Thanks to that videotape,
you're all eyewitnesses.
446
00:25:20,677 --> 00:25:24,615
You saw the defendant engage
in illegal gaming activities.
447
00:25:24,682 --> 00:25:28,954
Usually, I stand before
the jury at the end, and I say,
"Trust what I tell you."
448
00:25:29,020 --> 00:25:32,725
Today, I'll only ask you
to trust yourselves.
449
00:25:32,792 --> 00:25:35,696
You saw it.
450
00:25:40,803 --> 00:25:42,972
Better be good.
451
00:25:52,851 --> 00:25:57,424
Most criminal trials,
the key testimony
comes from the victim.
452
00:25:57,491 --> 00:26:00,595
Uh, but they didn't put
a victim on the stand here,
did they?
453
00:26:00,661 --> 00:26:03,832
Because there is no victim.
454
00:26:03,899 --> 00:26:06,703
Nobody to come forward
to complain, "I've been hurt,"
455
00:26:06,769 --> 00:26:09,606
because nobody got hurt.
456
00:26:09,672 --> 00:26:12,911
Oh, they'll say,
"Society suffered."
"It's against public policy."
457
00:26:12,977 --> 00:26:16,115
"Gambling is against
who and what we are."
458
00:26:16,181 --> 00:26:18,884
But that's a lie.
Isn't it?
459
00:26:18,951 --> 00:26:22,723
I mean, welove gambling.
460
00:26:22,789 --> 00:26:25,493
I could run down
the street right now
and buy a lottery ticket.
461
00:26:25,560 --> 00:26:28,697
Take a cab to Suffolk Downs,
lay some money on a horse.
462
00:26:28,764 --> 00:26:31,434
Hop on a plane to Las Vegas,
Atlantic City.
463
00:26:31,500 --> 00:26:34,138
Maybe even take one
of those cruises with
the big casinos on it.
464
00:26:34,204 --> 00:26:36,073
Kathie Lee might even hug me.
465
00:26:36,140 --> 00:26:40,512
- [ Laughing ]
- Gambling is in the fabric
of this country.
466
00:26:40,579 --> 00:26:42,782
Even the word itself--
"The man gambled."
467
00:26:42,849 --> 00:26:45,552
"He went for it."
"He defied the odds."
"He rolled the dice."
468
00:26:45,618 --> 00:26:49,423
These are terms we use
to describe heroes
in this country-- Heroes.
469
00:26:49,490 --> 00:26:53,428
This is America,
and gambling is in our blood.
470
00:26:53,495 --> 00:26:57,033
Now, what bothers me most
about this trial,
471
00:26:57,100 --> 00:26:58,969
is the blatant hypocrisy
of it all.
472
00:26:59,036 --> 00:27:02,740
'Cause we don't just tolerate
gamblers in this country--
We breed them.
473
00:27:02,807 --> 00:27:05,411
Flip open a sports page,
and you'll see the morning line.
474
00:27:05,478 --> 00:27:07,981
Turn on the tube
to watch the NFL.
475
00:27:08,047 --> 00:27:11,051
You got special commentators
to give you the point spread,
their picks,
476
00:27:11,118 --> 00:27:14,155
and they'll help you
make that bet,
and that's on a Sunday.
477
00:27:14,222 --> 00:27:16,558
We spend millions of dollars--
No, no. No, no, no.
478
00:27:16,625 --> 00:27:19,161
Make that a billion dollars
advertising lottos.
479
00:27:19,228 --> 00:27:24,268
The government encourages
you to bet. Massachusetts
is in the business of gambling.
480
00:27:24,335 --> 00:27:27,206
They use the lottery to raise
money to lower your taxes.
481
00:27:27,272 --> 00:27:32,478
And they're coming after him
because he helped somebody put
a nickel down on the Patriots.
482
00:27:33,580 --> 00:27:35,582
The hypocrisy.
483
00:27:37,585 --> 00:27:40,556
Now they're only going
after Carl Malzone...
484
00:27:40,623 --> 00:27:44,293
because they're trying to
extort him to fork over
somebody bigger.
485
00:27:44,360 --> 00:27:48,666
And the gaming charge is
the only card they have to play.
486
00:27:50,001 --> 00:27:53,205
It stinks.
487
00:27:54,974 --> 00:27:58,445
This man is a grandfather...
488
00:27:58,512 --> 00:28:01,249
who's never hurt anybody.
489
00:28:01,315 --> 00:28:04,253
And they're trying
to put him in prison.
490
00:28:04,319 --> 00:28:08,158
It stinks terrible.
And not just because of what
they're trying to do to him,
491
00:28:08,224 --> 00:28:12,463
but because they're trying to
do it here in this very room--
a courtroom--
492
00:28:12,529 --> 00:28:15,367
a courtroom in
the United States of America.
493
00:28:15,433 --> 00:28:17,503
This is a forum for justice.
494
00:28:17,570 --> 00:28:20,674
It is not a prosecutorial tool
to extort people.
495
00:28:20,740 --> 00:28:23,010
And if you let them
do this here,
496
00:28:23,077 --> 00:28:27,883
if you let them use
our justice system as a weapon
to oppress, then what's next?
497
00:28:27,949 --> 00:28:30,452
What is next?
498
00:28:31,654 --> 00:28:34,391
That's not what
a courtroom is for,
499
00:28:37,261 --> 00:28:39,932
not in
the United States of America.
500
00:28:44,004 --> 00:28:47,641
How many patients would you say
you have on the average,
Dr. Richards?
501
00:28:47,708 --> 00:28:50,512
On average?
Well, maybe a hundred.
502
00:28:50,578 --> 00:28:54,717
A hundred. And did you know
Jane Crewson more or less
than the other hundred?
503
00:28:54,784 --> 00:28:58,222
Maybe a little more,
but my relationship with her
was fairly typical.
504
00:28:58,288 --> 00:29:01,526
- You weren't
her primary physician?
- No. I'm an oncologist.
505
00:29:01,592 --> 00:29:03,762
Did you know what Jane Crewson
did for a living?
506
00:29:03,829 --> 00:29:05,697
Objection. I don't see
the relevance in this.
507
00:29:05,765 --> 00:29:07,800
I have to admit, counsel,
I don't either.
508
00:29:07,867 --> 00:29:11,539
I'm trying to get a sense
of how well the doctor
knew his patient.
509
00:29:11,605 --> 00:29:16,145
He made a judgment that
Jane Crewson was competent to
make a pretty big decision here.
510
00:29:16,211 --> 00:29:20,984
Legally, the decision was made
by Mr. Crewson, since legally
he was the appointed guardian.
511
00:29:21,051 --> 00:29:23,720
Okay, fine. How well
did you know Mr. Crewson?
512
00:29:23,788 --> 00:29:26,992
- Objection.
- No, no, no, no. Go ahead.
513
00:29:27,059 --> 00:29:31,197
[ Helen ]
Did you know Mr. Crewson
more or less than you knew Jane?
514
00:29:31,264 --> 00:29:35,335
- Less, obviously.
- About how many hours in total
did you spend with him?
515
00:29:35,402 --> 00:29:37,505
I don't know.
Less than 10?
516
00:29:37,572 --> 00:29:39,675
Yes.
Less than five?
517
00:29:39,741 --> 00:29:42,879
I would say,
over the various meetings,
about five hours.
518
00:29:42,945 --> 00:29:46,984
-Did you know he was in therapy?
-No, but it doesn't surprise me,
considering.
519
00:29:47,050 --> 00:29:49,954
- You mean the pain and all?
- Yes. His wife was dying.
520
00:29:50,021 --> 00:29:54,894
Yes, I'm sure that could
cause some emotional havoc,
couldn't it?
521
00:29:54,960 --> 00:29:58,765
- Of course.
- And if a person were making
serious decisions...
522
00:29:58,832 --> 00:30:00,968
while in the middle of
emotional instability--
523
00:30:01,035 --> 00:30:03,471
- Objection.
- Overruled.
524
00:30:03,538 --> 00:30:08,044
It was my belief thatMr. Crewson was ofcompletely sound mind.
525
00:30:08,111 --> 00:30:10,614
Did you ever speak
with his therapist?
No.
526
00:30:10,681 --> 00:30:13,551
- So you made this
determination yourself?
- Yes.
527
00:30:13,618 --> 00:30:16,755
Based on your history with him
going back five hours.
528
00:30:16,822 --> 00:30:19,992
Objection.
Objection. She's doing nothing
but ridicule the witness.
529
00:30:20,060 --> 00:30:23,096
Your Honor, this is the man
that flipped the switch.
530
00:30:23,163 --> 00:30:27,102
He's saying it was
Jane Crewson's decision
and her husband.
531
00:30:27,169 --> 00:30:31,107
How well he knows these people
is certainly relevant
to his ability to judge...
532
00:30:31,174 --> 00:30:33,377
their capacity for competence.
533
00:30:33,444 --> 00:30:38,550
- I'm going to allow it.
- What did you know of Mr.
Crewson's insurance situation?
534
00:30:38,616 --> 00:30:41,420
- Nothing.
- Nothing?
535
00:30:41,487 --> 00:30:45,825
Would it surprise you to know,
had Jane Crewson
continued to live,
536
00:30:45,893 --> 00:30:49,130
it would have a worked
a severe financial hardship
on her husband?
537
00:30:49,197 --> 00:30:51,332
- [ Together ]Objection.
- Overruled.
538
00:30:51,400 --> 00:30:53,770
- Your Honor.
- I've ruled.
539
00:30:53,836 --> 00:30:58,308
Did you ever make
any attempt to examine
Mr. Crewson's motives...
540
00:30:58,375 --> 00:31:00,478
for wanting his wife to die?
541
00:31:00,544 --> 00:31:02,246
I didn't have to.
You didn't?
542
00:31:02,314 --> 00:31:05,551
He says, "Time's up,"
and you just take
his word for it?
543
00:31:05,618 --> 00:31:08,054
Move to strike that.
Overruled.
544
00:31:08,121 --> 00:31:10,424
It's a nasty question,
but it's a fair one.
545
00:31:10,491 --> 00:31:15,163
[ Dr. Richards ] I weighed
this man's capacity for
competence as I did with Jane.
546
00:31:15,230 --> 00:31:19,135
And I determined
that they were able
to make the decision.
547
00:31:19,202 --> 00:31:21,605
Yes. And I suppose...
548
00:31:21,671 --> 00:31:25,844
if a hospital were to stop
and ask questions...
549
00:31:25,911 --> 00:31:30,316
every time one family member
wanted to kill another,
550
00:31:30,382 --> 00:31:33,020
the system would choke.
551
00:31:38,026 --> 00:31:40,162
[ Man ]
Ms. Gamble--
No comment.
552
00:31:40,229 --> 00:31:42,832
How much time--
Do you understand English?
I said no comment.
553
00:31:42,898 --> 00:31:45,836
- Haven't you said enough,
Helen?
- Please excuse me.
554
00:31:45,902 --> 00:31:47,404
I won't excuse you.
Bobby.
555
00:31:47,471 --> 00:31:49,707
You went over the line.
What office are
you running for?
556
00:31:49,774 --> 00:31:51,910
Get that mike out of my face.
There's basic decency.
557
00:31:51,977 --> 00:31:55,014
- Maybe you could show some.
- They lost a person they love.
558
00:31:55,081 --> 00:31:57,016
You go after 'em
like criminals!
Bobby, calm down.
559
00:31:57,084 --> 00:32:00,154
- They are criminals!
They murdered a woman!
- Why don't you go to hell?
560
00:32:00,221 --> 00:32:02,157
Mr. Donnell!
Ms. Gamble!
561
00:32:02,223 --> 00:32:05,194
[ Clamoring ]
562
00:32:07,664 --> 00:32:10,468
What the hell is going on?
I wasn't gonna let her
get away with that.
563
00:32:10,534 --> 00:32:15,174
You made a giant-sized ass of
yourself with cameras clicking!
Shut up!
564
00:32:15,240 --> 00:32:18,010
Just shut up, Ellenor.
565
00:32:20,380 --> 00:32:23,985
[ Sighs ]
I'm sorry.
566
00:32:24,051 --> 00:32:26,354
This may be an emotional case,
Bobby,
567
00:32:26,421 --> 00:32:30,126
but there is nothing--
nothing--to excuse what
just happened out there...
568
00:32:30,193 --> 00:32:34,464
and nothing to excuse you
talking to me like that!
569
00:32:34,531 --> 00:32:36,667
I apologize.
570
00:32:36,734 --> 00:32:40,839
My God, Bobby.
You'd think it was you
on trial here.
571
00:32:51,086 --> 00:32:54,557
Oh, hey. Verdict?
Jury's coming in at 10:00.
They deliberated 40 minutes.
572
00:32:54,624 --> 00:32:56,660
- What do you think?
- We might have a chance.
573
00:32:56,727 --> 00:32:59,731
Eugene broke out
the golden shovel.
I heard that.
574
00:32:59,797 --> 00:33:02,434
- How you doing?
- He's about to get up.
575
00:33:02,500 --> 00:33:06,973
What he'll say, who knows?
He's just gone totally
into orbit on this one.
576
00:33:07,040 --> 00:33:12,547
Technically, I could argue
he only acted to relieve pain.
577
00:33:12,613 --> 00:33:15,183
It was just coincidental
that she died.
578
00:33:17,053 --> 00:33:20,824
But nobody's kidding anybody
here about what's going on.
579
00:33:24,095 --> 00:33:30,102
We are putting
a law on trial here
more than a man.
580
00:33:30,170 --> 00:33:36,177
This is just as much
about you and me
as it is about him.
581
00:33:36,243 --> 00:33:39,081
And I don't the districtattorney will think metoo out-of-bounds...
582
00:33:39,147 --> 00:33:41,049
if I tell you--
583
00:33:45,122 --> 00:33:47,057
[ Sighs ]
584
00:33:48,226 --> 00:33:50,796
I knew a woman who
was dying of cancer.
585
00:33:52,164 --> 00:33:56,236
And when this cancer
seeped into her brain,
586
00:33:56,303 --> 00:33:58,806
she couldn't even
recognize her husband,
587
00:33:59,673 --> 00:34:01,843
her son.
588
00:34:01,910 --> 00:34:06,048
She was only 61.
She was dying,
589
00:34:06,115 --> 00:34:08,519
in pain.
590
00:34:08,585 --> 00:34:10,855
The doctor--
591
00:34:13,391 --> 00:34:17,263
It was agreed
that the respirator
would be turned off--
592
00:34:17,330 --> 00:34:19,332
should be turned off.
593
00:34:20,867 --> 00:34:23,671
And he wouldn't do it.
594
00:34:23,738 --> 00:34:26,274
It fell to the husband.
595
00:34:26,341 --> 00:34:29,078
And the husband--
596
00:34:29,145 --> 00:34:34,852
You see, he-- he just couldn't
bring himself to do it.
597
00:34:34,918 --> 00:34:38,690
So he asked his son.
598
00:34:38,757 --> 00:34:40,926
And the son,
599
00:34:40,993 --> 00:34:45,098
to spare both
his dad and his mom,
600
00:34:45,165 --> 00:34:49,904
reached out to end
their suffering.
601
00:34:49,972 --> 00:34:54,443
And his-his-his hand
started to--
started to shake...
602
00:34:54,510 --> 00:34:58,548
to the point where he--
he couldn't even feel that
it was connected to his arm.
603
00:34:58,616 --> 00:35:01,152
And he remembers thinking...
604
00:35:03,789 --> 00:35:05,958
God has his hand now.
605
00:35:09,930 --> 00:35:14,969
The hand, it finally did
turn off the respirator.
606
00:35:18,441 --> 00:35:23,314
And shortly after,his mother was at peace,
607
00:35:23,380 --> 00:35:25,317
and the son--
608
00:35:26,584 --> 00:35:29,255
The son was just--
609
00:35:29,322 --> 00:35:32,259
He was just glad that
the suffering was over.
610
00:35:33,861 --> 00:35:38,734
And till this day,
he knows he did the right thing.
611
00:35:38,800 --> 00:35:41,003
But, uh,
612
00:35:45,543 --> 00:35:48,179
also, to this day,
613
00:35:49,448 --> 00:35:54,955
he wishes that he had
a doctor like that one.
614
00:35:57,624 --> 00:36:00,362
My mother said sometimes--
615
00:36:03,165 --> 00:36:06,035
sometimes the hardest
thing to do...
616
00:36:07,604 --> 00:36:09,940
is an act of kindness.
617
00:36:11,275 --> 00:36:13,912
My client,
ladies and gentlemen,
618
00:36:13,979 --> 00:36:18,785
is a very kind man.
619
00:36:44,951 --> 00:36:47,888
The closing argument
you just heard...
620
00:36:47,955 --> 00:36:51,360
was wholly, totally
objectionable.
621
00:36:51,427 --> 00:36:55,532
The reason I didn't object
is because I agree with
the defense counsel...
622
00:36:55,598 --> 00:37:00,538
that this trial is not
just about Dr. Richards--
623
00:37:00,605 --> 00:37:02,941
It's about all of us.
624
00:37:03,008 --> 00:37:07,313
Mr. Donnell had a story.
I'm sure we all do.
625
00:37:08,849 --> 00:37:13,855
Sarah Washington Gamble,
my grandmother.
626
00:37:13,922 --> 00:37:19,529
Cause of death:
Respiration failure brought on
by the morphine drip.
627
00:37:19,596 --> 00:37:21,598
She had Alzheimer's,
628
00:37:21,665 --> 00:37:26,538
and she was suffering from
both pain and dementia.
629
00:37:26,605 --> 00:37:31,778
And according to her,
the doctors and most
of her family,
630
00:37:31,844 --> 00:37:34,315
she wanted to die.
631
00:37:35,683 --> 00:37:37,952
But she didn't.
632
00:37:38,019 --> 00:37:42,658
See, I was the granddaughter
that spent every summer
with her,
633
00:37:42,725 --> 00:37:45,462
the one who lived with her
when I was in law school.
634
00:37:45,529 --> 00:37:48,900
And though she saidshe wanted to die,
635
00:37:48,966 --> 00:37:52,505
what she really feltwas it was her duty.
636
00:37:52,571 --> 00:37:56,743
She didn't wanna be a burden
on her family anymore.
637
00:37:56,810 --> 00:37:59,680
Sure as she said
she wanted death,
638
00:38:00,849 --> 00:38:03,919
as sure as I stand
before you now,
639
00:38:04,854 --> 00:38:06,989
she still wanted to live.
640
00:38:07,056 --> 00:38:09,226
I know it.
641
00:38:09,292 --> 00:38:13,665
See, the problem withgoing down this slope...
642
00:38:13,732 --> 00:38:17,737
is you make suicide permissible,
then acceptable,
643
00:38:17,803 --> 00:38:22,844
then possibly
in some people's minds
the right thing to do.
644
00:38:22,910 --> 00:38:25,881
You plant the idea
with the elderly.
645
00:38:25,948 --> 00:38:28,884
It's selfish to hang on,
to cling to life,
646
00:38:28,951 --> 00:38:31,287
exhausting financial resources,
647
00:38:31,355 --> 00:38:34,124
having to make the children
look at a sick person,
648
00:38:34,191 --> 00:38:36,327
having to empty a bedpan.
649
00:38:36,394 --> 00:38:40,132
It's selfish to impose that
on someone you love.
650
00:38:42,201 --> 00:38:44,604
I'm sure someday...
651
00:38:44,672 --> 00:38:50,179
I'll meet someone I love
as much as I loved
my grandmother.
652
00:38:51,113 --> 00:38:53,583
But for now,
653
00:38:53,649 --> 00:38:57,053
I wish I could be
emptying her bedpans.
654
00:38:57,120 --> 00:39:00,224
She didn't have long
in the end. I know.
655
00:39:01,860 --> 00:39:04,497
But she had another day,
656
00:39:04,563 --> 00:39:07,634
and probably another day
after that one...
657
00:39:07,701 --> 00:39:10,505
and after that one.
658
00:39:12,440 --> 00:39:16,012
The doctor, he had no way
of really knowing her.
659
00:39:16,078 --> 00:39:19,749
He had possibly
a hundred patients.
660
00:39:20,884 --> 00:39:22,720
He was a very kind man.
661
00:39:22,786 --> 00:39:27,893
But his act of kindness,
it wasn't a blessing.
662
00:39:27,960 --> 00:39:32,098
It hastened the death
of a person I know
wanted to cling...
663
00:39:32,165 --> 00:39:34,401
just a little longer.
664
00:39:36,270 --> 00:39:39,374
This trial is going
to send a message.
665
00:39:41,510 --> 00:39:44,648
I hope the message you send...
666
00:39:46,216 --> 00:39:48,653
is there is a sanctity to life.
667
00:39:50,121 --> 00:39:54,394
Let's not send the message
that suicide,
668
00:39:55,328 --> 00:39:58,699
or assisted suicide,
is noble.
669
00:40:01,302 --> 00:40:04,607
That message may
cost you dearly.
670
00:40:06,242 --> 00:40:09,313
You can trust me on that.
671
00:40:20,594 --> 00:40:23,298
Will the defendant
please rise.
672
00:40:25,533 --> 00:40:27,937
The jury has reached
a unanimous verdict?
673
00:40:28,004 --> 00:40:30,106
We have,
Your Honor.
Let's have it.
674
00:40:30,172 --> 00:40:33,644
[ Woman ] In the matter
of theCommonwealth
versus Carl Malzone...
675
00:40:33,711 --> 00:40:39,084
on the charge of gaming
prohibited under Chapter 269,
Section 14,
676
00:40:39,151 --> 00:40:42,122
we find the defendant
not guilty.
677
00:40:42,188 --> 00:40:44,691
- [ Sighs ]
- [ Spectators Chattering ]
678
00:40:44,758 --> 00:40:48,095
[ Judge Scannal ]
The jury is dismissed with
the thanks of the court.
679
00:40:48,162 --> 00:40:49,998
[ Gavel Raps ]
Thank you very much.
680
00:40:50,065 --> 00:40:52,201
You're welcome.
681
00:40:54,003 --> 00:40:56,606
You owe me.
I owe you.
682
00:40:56,673 --> 00:41:00,011
I'd like to thank you too
as an American citizen.
683
00:41:00,078 --> 00:41:04,316
- Hey, no problem.
- And just to show you
I'm a good sport.
684
00:41:06,819 --> 00:41:10,258
You're lucky
you didn't touch lip.
I would've brought you up.
685
00:41:13,227 --> 00:41:16,666
Your Honor.
Counsel.
Going down?
686
00:41:16,732 --> 00:41:18,701
Well, you tell me.
687
00:41:20,371 --> 00:41:22,439
Can I ask a question,
at the risk of ex parte?
688
00:41:22,506 --> 00:41:24,442
Sure.
689
00:41:24,509 --> 00:41:27,646
Worst case scenario,
I jail you.
[ Elevator Bell Dings ]
690
00:41:29,148 --> 00:41:32,519
You know, you let a lot in
that had nothing to do
with this case.
691
00:41:32,586 --> 00:41:36,091
That depends on
what you thought
this case was about.
692
00:41:36,157 --> 00:41:40,596
It was supposed to be about
whether or not a defendant
committed a crime, nothing more.
693
00:41:40,662 --> 00:41:44,534
Yeah, well, you really think
I should leave...
694
00:41:44,602 --> 00:41:47,271
legislative policy up to
the legislature?
695
00:41:49,073 --> 00:41:53,513
The book on you is that
you study up a little on
your lawyers before they appear.
696
00:41:53,579 --> 00:41:56,650
Yeah. Book got pictures?
697
00:41:58,720 --> 00:42:02,825
You knew, didn't you?
Bobby's mother?
Gamble's grandmother?
698
00:42:02,891 --> 00:42:07,063
- You knew.
- All I knew was we'd have
an exciting trial.
699
00:42:07,130 --> 00:42:11,035
[ Pager Beeping ]
700
00:42:11,101 --> 00:42:13,739
[ Elevator Bell Dings ]
But I certainly never knew
we'd have a verdict today.
701
00:42:36,033 --> 00:42:38,336
Is this good?
702
00:42:38,403 --> 00:42:40,839
I don't know.
703
00:42:40,907 --> 00:42:44,244
Have you reached
a verdict?
We have, Your Honor.
704
00:42:44,311 --> 00:42:46,380
Will the defendant please rise.
705
00:42:48,649 --> 00:42:50,686
Read it to the court,please.
706
00:42:50,752 --> 00:42:53,690
Commonwealth versusDr. Henry Richards,
707
00:42:53,756 --> 00:42:56,994
on the charge of murderin the second degree,
708
00:42:57,060 --> 00:42:59,397
we find the defendant guilty.
709
00:42:59,463 --> 00:43:00,999
[ Spectators Chattering ]
I don't believe it.
710
00:43:06,172 --> 00:43:09,076
- I don't believe it.
- We got a lot of grounds.
Quick deliberation is one.
711
00:43:09,143 --> 00:43:12,747
[ Judge Pratt ] The jury's work
is completed. You're done.
You can go. We thank you.
712
00:43:12,814 --> 00:43:15,718
Ask personal recognizance
pending appeal, Your Honor.
713
00:43:15,776 --> 00:43:18,676
Granted. We're adjourned.
714
00:43:18,743 --> 00:43:20,843
[ Clamoring ]
715
00:43:24,510 --> 00:43:26,543
[ Woman ]
Doctor, will you
make a statement?
716
00:43:28,210 --> 00:43:31,743
Ten hours community service.
No time.
717
00:43:37,610 --> 00:43:39,776
She just told me no jail.
718
00:43:39,843 --> 00:43:42,543
No jail.
719
00:43:47,910 --> 00:43:51,543
Finally, a victory against
jury nullification.
Way to go, Helen.
720
00:43:51,610 --> 00:43:53,776
Thanks.
Good win, Helen.
Great job.
721
00:43:53,843 --> 00:43:57,076
Oh, yeah.
Get out of here.
[ Laughs ]
722
00:43:59,810 --> 00:44:01,743
[ Sighs ]
723
00:45:09,410 --> 00:45:11,043
[ Woman ]You stinker!
62055
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