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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,201 --> 00:00:02,503 Previously on The Practice: 2 00:00:02,536 --> 00:00:05,639 Did you murder her because she was gonna break off a sexual affair? 3 00:00:05,672 --> 00:00:09,209 I did not have an affair with her, and I did not kill her! 4 00:00:09,242 --> 00:00:11,211 You're going down for murder now! You get that? 5 00:00:11,244 --> 00:00:12,245 It was Steven. 6 00:00:12,278 --> 00:00:13,747 JIMMY: Your son Steven? 7 00:00:13,780 --> 00:00:16,316 HENRY: I saw the door close on him when he left. 8 00:00:16,349 --> 00:00:18,084 Why haven't you told anybody this? 9 00:00:18,118 --> 00:00:20,086 Because I don't want him to spend the rest of his life 10 00:00:20,120 --> 00:00:21,555 in jail for something I drove him to. 11 00:00:21,588 --> 00:00:24,157 Let me go to the DA. Absolutely not. 12 00:00:24,190 --> 00:00:27,427 This is between you and me. You gave me your word. 13 00:00:27,460 --> 00:00:29,162 FOREMAN: We find the defendant guilty. 14 00:00:29,195 --> 00:00:31,665 (crowd gasps) 15 00:00:31,698 --> 00:00:35,636 I didn't do it. I didn't do it. 16 00:00:35,669 --> 00:00:38,539 Your dad saw you going out the door. 17 00:00:38,572 --> 00:00:40,206 The reason he's staying quiet, 18 00:00:40,240 --> 00:00:42,308 he doesn't want to see you go to prison. 19 00:00:42,342 --> 00:00:44,210 He loves you too much for that. 20 00:00:44,244 --> 00:00:46,780 Jimmy, what happened? 21 00:00:46,813 --> 00:00:49,650 Steven Olson. 22 00:00:49,683 --> 00:00:52,252 He just hung himself in the garage. 23 00:00:52,285 --> 00:00:55,088 You think I'm going to ask a judge to release a convicted murderer 24 00:00:55,121 --> 00:00:57,490 on the grounds that his defense attorney says he's innocent? 25 00:00:57,524 --> 00:00:59,660 I expect you to because he is innocent! 26 00:00:59,693 --> 00:01:01,762 For all I know, the kid hung himself because his father's a killer. 27 00:01:01,795 --> 00:01:04,230 That isn't the case! Well, give me evidence! 28 00:01:05,799 --> 00:01:07,400 (sighs) 29 00:01:21,247 --> 00:01:22,516 (lock buzzing) 30 00:01:38,364 --> 00:01:39,566 Henry. 31 00:01:48,441 --> 00:01:49,643 Hey. 32 00:01:49,676 --> 00:01:51,277 Hey. 33 00:01:53,547 --> 00:01:54,615 What happened? 34 00:01:54,648 --> 00:01:56,883 They tried to rape me. 35 00:02:00,286 --> 00:02:01,788 Inmates? 36 00:02:03,557 --> 00:02:04,725 Two of them. 37 00:02:06,459 --> 00:02:08,762 I covered my ass, 38 00:02:08,795 --> 00:02:11,932 but my face didn't fare so well. 39 00:02:11,965 --> 00:02:14,668 Doctors say you're gonna be okay. 40 00:02:14,701 --> 00:02:17,270 I want solitary, Jimmy. 41 00:02:17,303 --> 00:02:20,373 I don't want to be in the general population anymore. 42 00:02:21,875 --> 00:02:24,678 Can you get me solitary, Jimmy? 43 00:02:25,879 --> 00:02:27,447 Forever? 44 00:02:28,348 --> 00:02:29,950 You got a life sentence. 45 00:02:29,983 --> 00:02:31,718 I don't care. 46 00:02:31,752 --> 00:02:33,453 Please. 47 00:02:33,486 --> 00:02:35,288 You gotta get me solitary. 48 00:02:36,289 --> 00:02:37,591 Get me solitary. 49 00:02:42,829 --> 00:02:45,198 (music playing) 50 00:03:32,979 --> 00:03:36,449 Richard, I want to reopen the Henry Olson case. 51 00:03:36,482 --> 00:03:38,785 On what grounds? On the grounds he's innocent. 52 00:03:38,819 --> 00:03:40,987 Jimmy, I told you, bring me new evidence, 53 00:03:41,021 --> 00:03:43,423 and I can-- There's no new evidence, 54 00:03:43,456 --> 00:03:44,891 but that doesn't change the truth. 55 00:03:44,925 --> 00:03:46,660 The guy didn't do it. 56 00:03:46,693 --> 00:03:48,829 Look, I got a pre-trial. Can we talk later? 57 00:03:48,862 --> 00:03:51,431 I-- Yeah. 58 00:03:51,464 --> 00:03:53,266 Listen, if the DA goes forward-- 59 00:03:53,299 --> 00:03:54,535 That's not gonna happen. 60 00:03:54,568 --> 00:03:56,436 Why, because your conviction rate-- 61 00:03:56,469 --> 00:03:57,904 Because I don't believe he's innocent. 62 00:03:57,938 --> 00:03:59,606 The case went to verdict. 63 00:03:59,640 --> 00:04:01,575 The right man is serving time. 64 00:04:01,608 --> 00:04:03,343 I need a favor here. 65 00:04:03,376 --> 00:04:05,746 I'm sorry. No. 66 00:04:07,881 --> 00:04:09,950 I filed a petition to reopen. 67 00:04:09,983 --> 00:04:12,352 WOMAN: ...Clyde Miller, murder in the first degree. 68 00:04:12,385 --> 00:04:14,555 Hold on. 69 00:04:14,588 --> 00:04:16,456 Richard Bay for the Commonwealth, Your Honor. 70 00:04:16,489 --> 00:04:18,358 We oppose bail of any kind. 71 00:04:18,391 --> 00:04:20,326 The suspect is obviously a flight risk, 72 00:04:20,360 --> 00:04:21,828 not to mention-- Is he represented? 73 00:04:21,862 --> 00:04:24,497 Indigent. We're waiting for somebody from the PD's office. 74 00:04:27,400 --> 00:04:30,871 Mr. Berluti... come meet your new client. 75 00:04:30,904 --> 00:04:33,507 I'm not taking appointments today, judge. 76 00:04:33,540 --> 00:04:34,908 Oh, I'm afraid you are. 77 00:04:34,941 --> 00:04:36,777 We'll enter a "not guilty" for right now. 78 00:04:36,810 --> 00:04:38,712 Meet with Mr. Miller, then we'll conference. 79 00:04:38,745 --> 00:04:39,980 Your Honor, I can't take-- 80 00:04:40,013 --> 00:04:41,882 Are you in trial, Mr. Berluti? 81 00:04:41,915 --> 00:04:43,449 No, but-- 82 00:04:43,483 --> 00:04:45,752 Then meet with Mr. Miller. Next case, please. 83 00:04:45,786 --> 00:04:49,623 WOMAN: People vs Megan Boucher, solicitation and loitering. 84 00:04:57,964 --> 00:05:00,066 Can I get you some more coffee? 85 00:05:00,100 --> 00:05:01,735 This is my third cup. 86 00:05:01,768 --> 00:05:03,870 Is Mr. Bradford not available? 87 00:05:03,904 --> 00:05:05,906 He's just finishing up a conference call. 88 00:05:05,939 --> 00:05:07,407 He'll be right-- 89 00:05:07,440 --> 00:05:09,610 He's been finishing that call for some time. 90 00:05:09,643 --> 00:05:11,678 We have other business scheduled for today, 91 00:05:11,712 --> 00:05:13,814 and if he's too busy-- I apologize. 92 00:05:13,847 --> 00:05:17,584 Thank you, Sheila. I'm sorry, Eugene, Rebecca. 93 00:05:17,618 --> 00:05:21,955 I've actually been conferencing with the insurance company and Dr. Stiles. 94 00:05:21,988 --> 00:05:25,792 I pushed them up to 32, but that's as far as they'll go. 95 00:05:25,826 --> 00:05:28,929 Dr. Stiles is angry to be settling at all. 96 00:05:28,962 --> 00:05:30,797 Thirty-two? 97 00:05:30,831 --> 00:05:32,065 Yes. 98 00:05:33,066 --> 00:05:34,801 Thirty-two thousand? 99 00:05:34,835 --> 00:05:36,102 Yes. 100 00:05:36,136 --> 00:05:39,906 A man is dead, you're offering $32,000. 101 00:05:39,940 --> 00:05:41,908 Well, it's not a question of the worth 102 00:05:41,942 --> 00:05:43,777 of the deceased, Eugene. You know that. 103 00:05:43,810 --> 00:05:45,411 The issue is liability, which-- 104 00:05:45,445 --> 00:05:47,548 My client died on the doctor's table. 105 00:05:47,581 --> 00:05:51,117 Look, you and I could debate this ad nauseam. 106 00:05:51,151 --> 00:05:53,854 We're never going to agree. 107 00:05:53,887 --> 00:05:55,856 And my client is adamant. 108 00:05:55,889 --> 00:06:00,393 So, either we're going to end this at $32,000, 109 00:06:00,426 --> 00:06:02,495 or we're going to have to let a jury decide. 110 00:06:04,798 --> 00:06:06,600 We'll be letting a jury decide. 111 00:06:17,443 --> 00:06:19,513 I didn't know he was a rabbi. I swear I didn't know. 112 00:06:19,546 --> 00:06:21,081 I understand this, but, Clyde, 113 00:06:21,114 --> 00:06:22,916 whether you knew he was a rabbi or not, 114 00:06:22,949 --> 00:06:25,018 it was still illegal for you to kill him. 115 00:06:25,051 --> 00:06:26,953 Does that mean they're going to get me, like, on... 116 00:06:26,987 --> 00:06:28,555 one of those hate crimes? 117 00:06:28,589 --> 00:06:30,857 'Cause he's Jewish, I get nailed with a hate crime? 118 00:06:30,891 --> 00:06:33,093 Clyde, hate crime isn't your worry. 119 00:06:33,126 --> 00:06:34,895 You're up on first-degree murder. 120 00:06:34,928 --> 00:06:36,697 You hit a rabbi over the head with a bat. 121 00:06:36,730 --> 00:06:38,832 But don't they got to prove intent? 122 00:06:38,865 --> 00:06:41,502 My intent was to rob him. 123 00:06:41,535 --> 00:06:43,637 This is prejudice. 124 00:06:43,670 --> 00:06:45,872 The Jews, they get special treatment. 125 00:06:45,906 --> 00:06:47,574 You think Jews get special treatment 126 00:06:47,608 --> 00:06:50,110 on account of you not being able to hit rabbis with bats? 127 00:06:50,143 --> 00:06:52,646 I just meant to rob him. 128 00:06:52,679 --> 00:06:54,715 I was swinging for his shoulder blade. 129 00:06:56,883 --> 00:06:58,785 I'm begging you. Oh, right, I'm Jewish. 130 00:06:58,819 --> 00:07:00,621 I really want to take this off your hands. 131 00:07:00,654 --> 00:07:01,822 He's not gonna hit you. 132 00:07:01,855 --> 00:07:03,524 Forget it. Lindsay-- 133 00:07:03,557 --> 00:07:05,726 I've got the Witter depositions all week. Oh, come on. 134 00:07:05,759 --> 00:07:08,028 What's wrong? I'm going into court tomorrow 135 00:07:08,061 --> 00:07:09,796 trying to reopen on Henry Olson, 136 00:07:09,830 --> 00:07:12,098 the judge just spanked me with a court-appointed lujack, 137 00:07:12,132 --> 00:07:13,900 and nobody here will lend a hand, 138 00:07:13,934 --> 00:07:15,936 after I just flew cross-country to help you. 139 00:07:15,969 --> 00:07:17,938 Jimmy, I can't. I pushed all my cases-- I'm in a pinch here. 140 00:07:17,971 --> 00:07:20,541 I need some assistance. All right. Ellenor, back him up. 141 00:07:20,574 --> 00:07:22,543 Why can't Lindsay do it? Why can't I just give it to her? 142 00:07:22,576 --> 00:07:24,578 Because it's on the news, Jimmy. 143 00:07:24,611 --> 00:07:26,913 There's a big public outcry. Haven't you been paying attention? 144 00:07:26,947 --> 00:07:29,115 Well, I got a motion to reopen on Henry Olson-- 145 00:07:29,149 --> 00:07:30,917 I'll help on Olson. Ellenor... 146 00:07:36,089 --> 00:07:38,759 Basically, they're still denying blame. 147 00:07:38,792 --> 00:07:42,228 The doctor, evidently, is reluctant to settle at all. 148 00:07:42,262 --> 00:07:43,797 So what happens now? 149 00:07:43,830 --> 00:07:46,667 Well, we're still scheduled for trial tomorrow. 150 00:07:46,700 --> 00:07:48,902 You can either take the 32, which... 151 00:07:52,138 --> 00:07:54,741 Well, our costs right now are running over 14, 152 00:07:54,775 --> 00:07:56,810 so that plus the contingency, 153 00:07:56,843 --> 00:07:59,746 you'd get about eleven. 154 00:07:59,780 --> 00:08:02,215 Eleven thousand dollars? 155 00:08:02,248 --> 00:08:04,651 You make out better than us. 156 00:08:04,685 --> 00:08:06,186 Between my time and Eugene's, 157 00:08:06,219 --> 00:08:08,522 we've got over $40,000 invested in this case. 158 00:08:08,555 --> 00:08:10,591 So why are we even hesitating? 159 00:08:10,624 --> 00:08:12,092 Let's go to trial. 160 00:08:17,831 --> 00:08:19,966 You don't want to go to trial. 161 00:08:20,000 --> 00:08:21,802 Mrs. Riley, I'll be honest, 162 00:08:21,835 --> 00:08:24,237 this is a very tough case to win. 163 00:08:24,270 --> 00:08:26,139 Now, I believe the doctor was negligent, 164 00:08:26,172 --> 00:08:27,541 but proving it... 165 00:08:29,576 --> 00:08:31,678 I know eleven's not much, 166 00:08:31,712 --> 00:08:33,246 but I'm sure you could use the money. 167 00:08:35,048 --> 00:08:37,984 Is there a woman that you love, Mr. Young? 168 00:08:39,219 --> 00:08:40,386 Yes. 169 00:08:40,420 --> 00:08:44,925 Well, I'll tell you, the day comes some doctor kills her, 170 00:08:44,958 --> 00:08:47,928 the day comes you have to bury her, 171 00:08:47,961 --> 00:08:52,298 I don't think you're gonna be walking away for $11,000, 172 00:08:52,332 --> 00:08:55,035 whether you could use the money or not. 173 00:09:09,382 --> 00:09:10,917 How are you doing? 174 00:09:11,685 --> 00:09:12,786 Okay. 175 00:09:13,920 --> 00:09:16,056 They're letting me out tomorrow. 176 00:09:16,089 --> 00:09:17,791 Did you get me isolation? 177 00:09:17,824 --> 00:09:19,359 (sighs) 178 00:09:19,392 --> 00:09:21,762 They stuck the guys who did this to you 179 00:09:21,795 --> 00:09:23,930 in the hole, Henry, so... 180 00:09:23,964 --> 00:09:26,700 There'll be others, Jimmy. 181 00:09:26,733 --> 00:09:28,702 I'm a freak. 182 00:09:28,735 --> 00:09:30,804 I'm the guy with the bug fetish. 183 00:09:30,837 --> 00:09:33,907 Okay. I'll take care of it. 184 00:09:35,709 --> 00:09:36,943 Meantime... 185 00:09:39,946 --> 00:09:42,783 I got a motion set tomorrow to reopen your case. 186 00:09:43,650 --> 00:09:45,118 Is there any chance? 187 00:09:45,151 --> 00:09:46,653 I don't know. 188 00:09:46,687 --> 00:09:48,254 But I'm gonna fight. 189 00:09:48,288 --> 00:09:50,724 I promise you I'm gonna fight. 190 00:09:56,262 --> 00:09:57,598 I, uh... 191 00:09:59,766 --> 00:10:02,302 I never told you how sorry I am 192 00:10:02,335 --> 00:10:03,904 that he took his life... 193 00:10:07,874 --> 00:10:10,877 on account of me... No. 194 00:10:11,978 --> 00:10:13,780 It was me. 195 00:10:13,814 --> 00:10:15,649 If I hadn't confronted him... 196 00:10:17,851 --> 00:10:20,020 which I had no legal right to do-- 197 00:10:20,053 --> 00:10:21,855 Jimmy... 198 00:10:21,888 --> 00:10:24,324 Consider who he had for a father. 199 00:10:27,360 --> 00:10:29,029 You're a good man, Henry. 200 00:10:30,196 --> 00:10:31,898 You've always been a good man. 201 00:10:33,033 --> 00:10:34,234 Your son knew that. 202 00:10:38,905 --> 00:10:40,040 Yeah. 203 00:10:41,808 --> 00:10:43,076 I'm gonna fight. 204 00:11:01,061 --> 00:11:04,998 I used to date a Jewish girl. I'm not prejudiced. 205 00:11:05,031 --> 00:11:07,400 I only hit the guy because he wouldn't give me his money. 206 00:11:07,433 --> 00:11:09,870 Clyde, will you get off the Jewish thing? 207 00:11:09,903 --> 00:11:11,872 It don't matter that the victim was Jewish. 208 00:11:11,905 --> 00:11:14,007 What matters is he's dead. 209 00:11:14,040 --> 00:11:15,909 You don't know what this is gonna do to my parents. 210 00:11:15,942 --> 00:11:17,811 They're calling you a murderer. You think they're proud? 211 00:11:17,844 --> 00:11:20,681 ELLENOR: All right, Jimmy. Forget that he was a rabbi. 212 00:11:22,148 --> 00:11:25,385 All right. Look... 213 00:11:25,418 --> 00:11:28,188 Tell me what you were doing in that alley to begin with. 214 00:11:28,221 --> 00:11:30,891 I was hiding. I was waiting to mug somebody. 215 00:11:30,924 --> 00:11:32,292 But I would have hit any religion, I swear. 216 00:11:32,325 --> 00:11:33,794 Guard! 217 00:11:33,827 --> 00:11:36,262 Look, I'm due in court on another matter. 218 00:11:36,296 --> 00:11:38,131 I'm gonna come back after lunch. 219 00:11:38,164 --> 00:11:40,466 Don't talk to anybody, you hear me? Nobody. 220 00:11:40,500 --> 00:11:42,168 Yeah, fine, I'm not a talker. 221 00:11:42,202 --> 00:11:44,137 No, you're a thinker. Jimmy. 222 00:11:44,170 --> 00:11:46,773 The guy's got the IQ of a relief pitcher. 223 00:11:48,208 --> 00:11:49,910 It was a birthday present. 224 00:11:49,943 --> 00:11:51,177 From you to your husband. 225 00:11:51,211 --> 00:11:53,947 Yes. He just couldn't take being fat. 226 00:11:53,980 --> 00:11:55,816 So as a birthday gift... 227 00:11:55,849 --> 00:11:58,919 I took him to Dr. Stiles to talk about liposuction. 228 00:11:58,952 --> 00:12:01,354 And how did you hear of Dr. Stiles, Mrs. Riley? 229 00:12:01,387 --> 00:12:03,857 I saw his ad. And when you went to see him... 230 00:12:03,890 --> 00:12:05,191 Everything was fine. 231 00:12:05,225 --> 00:12:08,094 Uh, he said my husband was a good candidate. 232 00:12:08,128 --> 00:12:10,296 It was very exciting for my husband. 233 00:12:10,330 --> 00:12:11,832 He couldn't wait to do it. 234 00:12:11,865 --> 00:12:15,101 So you decided to go for the surgery. 235 00:12:15,135 --> 00:12:18,071 Yes. It was just supposed to be an outpatient thing, 236 00:12:18,104 --> 00:12:23,209 so we arrived at his office at 7:00 in the morning, 237 00:12:23,243 --> 00:12:25,011 and at, uh... 238 00:12:25,045 --> 00:12:27,848 The procedure started at 10:00, 239 00:12:27,881 --> 00:12:31,384 and-- and at 1:00, he, um... 240 00:12:32,819 --> 00:12:35,522 The doctor came out and told me 241 00:12:35,556 --> 00:12:37,357 that my husband was dead. 242 00:12:40,193 --> 00:12:41,995 Did he say anything else? 243 00:12:42,028 --> 00:12:44,297 No. 244 00:12:44,330 --> 00:12:47,768 Just that he went into cardiac arrest and he was gone. 245 00:12:52,539 --> 00:12:55,509 Your husband was told there was a risk. 246 00:12:55,542 --> 00:12:57,110 Minimal risk. 247 00:12:57,143 --> 00:12:59,580 Possible risk of death-- wasn't that one? 248 00:12:59,613 --> 00:13:03,216 Yes. It wasn't something that-- 249 00:13:03,249 --> 00:13:06,319 The message was that this operation 250 00:13:06,352 --> 00:13:10,090 was safe, Mr. Bradford. You know that. 251 00:13:11,157 --> 00:13:12,559 Please, understand 252 00:13:12,593 --> 00:13:15,195 just how sorry I am for your loss. 253 00:13:17,163 --> 00:13:19,365 Mrs. Riley, who was the first person 254 00:13:19,399 --> 00:13:21,001 to suggest to you 255 00:13:21,034 --> 00:13:23,036 that Dr. Stiles might have been negligent? 256 00:13:23,069 --> 00:13:25,005 The first person? Yes. 257 00:13:25,038 --> 00:13:29,409 Well, I-I'm afraid I don't really understand the question. 258 00:13:29,442 --> 00:13:31,011 Well, let me state it another way. 259 00:13:31,044 --> 00:13:32,913 Was it a doctor or was it a lawyer? 260 00:13:32,946 --> 00:13:35,081 Objection. What's the point, Mr. Bradford? 261 00:13:35,115 --> 00:13:36,983 Well, Your Honor, there are those cases 262 00:13:37,017 --> 00:13:38,885 where a doctor says, "negligence," 263 00:13:38,919 --> 00:13:41,121 and the plaintiff then engages a lawyer, 264 00:13:41,154 --> 00:13:44,457 and there are other cases where a lawyer declares negligence, 265 00:13:44,490 --> 00:13:47,460 and doctors are then rounded up to bolster the claim. 266 00:13:47,493 --> 00:13:49,896 Objection. Rephrase it, counsel. 267 00:13:49,930 --> 00:13:53,534 Mrs. Riley, just how many firms did you go to 268 00:13:53,567 --> 00:13:55,168 before finding one to take your case? 269 00:13:55,201 --> 00:13:57,337 Objection. Sidebar, Your Honor? 270 00:14:02,475 --> 00:14:05,211 Part of our defense is that this is a spurious claim 271 00:14:05,245 --> 00:14:08,582 manufactured to flush out a deep-pocket insurance company. 272 00:14:08,615 --> 00:14:10,884 It is certainly relevant that other attorneys 273 00:14:10,917 --> 00:14:12,586 declined to even take on the matter. 274 00:14:12,619 --> 00:14:14,521 It is certainly not relevant. How other lawyers 275 00:14:14,555 --> 00:14:16,256 assess this has nothing to do with the case. 276 00:14:16,289 --> 00:14:19,025 I agree. You're shut down there, Mr. Bradford. 277 00:14:19,059 --> 00:14:21,361 Step back. Members of the jury, 278 00:14:21,394 --> 00:14:24,464 whether or not other attorneys or law firms 279 00:14:24,497 --> 00:14:27,000 elected to represent the plaintiff in this matter 280 00:14:27,033 --> 00:14:29,503 is without relevance, and you're to disregard 281 00:14:29,536 --> 00:14:31,505 defense counsel's question. 282 00:14:35,008 --> 00:14:37,443 Let me see if I understand this. 283 00:14:37,477 --> 00:14:39,946 You learned, during the trial, 284 00:14:39,980 --> 00:14:41,682 from your client, 285 00:14:41,715 --> 00:14:43,483 that it was his son that killed the woman? 286 00:14:43,517 --> 00:14:46,352 I learned just before closing arguments, yes. 287 00:14:46,386 --> 00:14:48,088 Then why didn't you go to the district attorney 288 00:14:48,121 --> 00:14:49,489 right then and ask him-- 289 00:14:49,523 --> 00:14:51,224 JIMMY: Because my client wouldn't let me. 290 00:14:51,257 --> 00:14:53,393 It was attorney-client privilege, 291 00:14:53,426 --> 00:14:56,029 and he was looking to protect his son. 292 00:14:56,062 --> 00:14:58,031 I see. And if your client had been acquitted, 293 00:14:58,064 --> 00:14:59,633 that would have been the end of it? 294 00:14:59,666 --> 00:15:02,002 Well-- You wouldn't be here today 295 00:15:02,035 --> 00:15:03,604 seeking justice, would you, counsel? 296 00:15:03,637 --> 00:15:05,506 That would have been the end of it. 297 00:15:05,539 --> 00:15:08,341 Your Honor, my meeting with the boy-- 298 00:15:08,374 --> 00:15:11,044 though he didn't flat-out admit that he did it, 299 00:15:11,077 --> 00:15:14,347 he didn't deny it, either, and a failure to deny 300 00:15:14,380 --> 00:15:17,651 can constitute an admission under the rules of evidence. 301 00:15:17,684 --> 00:15:20,353 The courts don't simply throw out convictions, 302 00:15:20,386 --> 00:15:21,722 counsel, simply because-- 303 00:15:21,755 --> 00:15:24,090 The kid hung himself. What does that say? 304 00:15:24,124 --> 00:15:26,226 I confronted him with what he did, 305 00:15:26,259 --> 00:15:28,128 he goes home and hangs himself. 306 00:15:28,161 --> 00:15:29,530 That isn't evidence. 307 00:15:29,563 --> 00:15:31,297 Then let me offer evidence. 308 00:15:31,331 --> 00:15:32,599 You haven't got any, Jimmy. 309 00:15:32,633 --> 00:15:35,168 I would like the court to hear from my client. 310 00:15:35,201 --> 00:15:36,703 This seems like a waste of the court's time. 311 00:15:36,737 --> 00:15:39,439 He's serving a life sentence. We can't waste one afternoon? 312 00:15:39,472 --> 00:15:41,407 If we gave one afternoon 313 00:15:41,441 --> 00:15:43,677 to every man serving a life sentence, counsel, 314 00:15:43,710 --> 00:15:46,246 the courts would be jammed beyond repair. 315 00:15:47,614 --> 00:15:51,017 As an officer of the court, I'm telling you, 316 00:15:51,051 --> 00:15:52,418 I've never done this. 317 00:15:52,452 --> 00:15:55,188 I swallow the defeats like anyone else. 318 00:15:55,221 --> 00:15:56,489 But this one... 319 00:15:58,224 --> 00:15:59,492 Please, Your Honor. 320 00:16:01,094 --> 00:16:02,629 Give me one day. 321 00:16:07,734 --> 00:16:09,235 One day. 322 00:16:09,269 --> 00:16:10,637 (bangs gavel) 323 00:16:10,671 --> 00:16:13,073 BAY: I don't know what you really plan to accomplish. 324 00:16:13,106 --> 00:16:15,075 I plan to accomplish getting him out of prison, 325 00:16:15,108 --> 00:16:16,442 which he should be. Yeah, right. 326 00:16:16,476 --> 00:16:18,111 Look, how about we get together on Miller? 327 00:16:18,144 --> 00:16:20,480 Fine. Cooperate with me on Olson, I'll talk on Miller. 328 00:16:20,514 --> 00:16:22,448 Don't insult my intelligence, Jimmy. 329 00:16:22,482 --> 00:16:25,018 I was insulting your integrity. 330 00:16:32,092 --> 00:16:35,228 MAN: Fluid is actually being pumped into the body at this point. 331 00:16:35,261 --> 00:16:39,099 It's pretty much a salt solution containing a local anesthetic. 332 00:16:39,132 --> 00:16:40,233 What kind of anesthetic? 333 00:16:40,266 --> 00:16:43,103 Lidocaine. It numbs the patient. 334 00:16:43,136 --> 00:16:45,238 Is this a difficult procedure, doctor? 335 00:16:45,271 --> 00:16:47,073 It's quite simple, actually, 336 00:16:47,107 --> 00:16:48,609 which is part of the problem. 337 00:16:48,642 --> 00:16:51,745 We've got dentists doing it, dermatologists. 338 00:16:51,778 --> 00:16:54,414 It's lucrative, and a lot of doctors want in. 339 00:16:54,447 --> 00:16:57,117 And if they're not careful, the procedure can be lethal, 340 00:16:57,150 --> 00:16:58,619 as it was in this case. 341 00:16:58,652 --> 00:17:01,454 REBECCA: What happened to Morris Riley? 342 00:17:01,487 --> 00:17:04,525 The first mistake was taking so much fat out. 343 00:17:04,558 --> 00:17:07,694 Anything over 15 percent, in my view, is unsafe. 344 00:17:07,728 --> 00:17:09,362 Is this what killed him? 345 00:17:09,395 --> 00:17:11,497 No. In my opinion, 346 00:17:11,532 --> 00:17:13,767 Mr. Riley suffered from a lidocaine overdose. 347 00:17:13,800 --> 00:17:15,536 The lidocaine lowered the heart rate, 348 00:17:15,569 --> 00:17:17,403 eventually causing cardiac arrest, 349 00:17:17,437 --> 00:17:19,673 and since he did this in his office 350 00:17:19,706 --> 00:17:21,407 instead of at the hospital, 351 00:17:21,441 --> 00:17:23,276 he didn't have the necessary technology 352 00:17:23,309 --> 00:17:25,812 or personnel available to respond to the crisis. 353 00:17:27,748 --> 00:17:31,652 You weren't in the room, were you, Dr. Willis? No, I was not. 354 00:17:31,685 --> 00:17:33,654 Have you ever performed a liposuction procedure, sir? 355 00:17:33,687 --> 00:17:35,421 I've done hundreds. 356 00:17:35,455 --> 00:17:37,691 Hundreds. Any in your office? 357 00:17:37,724 --> 00:17:39,593 Almost all of them. 358 00:17:39,626 --> 00:17:41,762 I see. So this decision not to go into a hospital, 359 00:17:41,795 --> 00:17:43,429 you make that decision all the time. 360 00:17:43,463 --> 00:17:46,399 I would never take that much fat out in my office. 361 00:17:46,432 --> 00:17:48,802 If I were going to remove more than 12 pounds, 362 00:17:48,835 --> 00:17:50,704 I would have done it in a hospital. 363 00:17:50,737 --> 00:17:53,574 That's a very good answer, doctor. 364 00:17:53,607 --> 00:17:55,842 Can you state to a medical certainty 365 00:17:55,876 --> 00:17:58,712 that Mr. Riley died from a lidocaine overdose? 366 00:17:58,745 --> 00:18:01,147 I can state it to a reasonable certainty. 367 00:18:01,181 --> 00:18:03,183 But not to an absolute medical certainty? 368 00:18:03,216 --> 00:18:04,685 That can almost never be done, counselor. 369 00:18:04,718 --> 00:18:06,787 I see, and have you ever known hearts 370 00:18:06,820 --> 00:18:08,755 to go into arrest during this procedure 371 00:18:08,789 --> 00:18:10,691 absent a lidocaine overdose? 372 00:18:10,724 --> 00:18:12,726 Of course. That's possible here, isn't it, doctor? 373 00:18:12,759 --> 00:18:15,862 Possible, but my opinion is they overloaded him with fluids. 374 00:18:15,896 --> 00:18:19,700 I see. Tell me, doctor, how many trials 375 00:18:19,733 --> 00:18:22,435 have you testified in over the last year? 376 00:18:22,468 --> 00:18:24,370 Many. Many? 377 00:18:24,404 --> 00:18:25,706 More than 50? 378 00:18:25,739 --> 00:18:27,508 Around 50. 379 00:18:27,541 --> 00:18:29,375 And would it be fair to say, sir, 380 00:18:29,409 --> 00:18:31,411 that you are primarily hired by these types 381 00:18:31,444 --> 00:18:33,847 of plaintiff law firms-- Objection. 382 00:18:33,880 --> 00:18:36,883 Sustained. BRADFORD: Let me rephrase. 383 00:18:36,917 --> 00:18:39,520 You've been hired by this law firm before, haven't you, sir? 384 00:18:39,553 --> 00:18:41,221 Objection. What's the relevance? 385 00:18:41,254 --> 00:18:43,624 It goes to bias, Your Honor. He's been hired in the past 386 00:18:43,657 --> 00:18:45,491 and will be hired in the future. 387 00:18:45,526 --> 00:18:47,260 This witness has incentive 388 00:18:47,293 --> 00:18:49,462 to satisfy personal-injury law firms. 389 00:18:49,495 --> 00:18:51,632 REBECCA: Objection! Objection. Move to strike that. 390 00:18:51,665 --> 00:18:54,434 I'm going to overrule the objection, 391 00:18:54,467 --> 00:18:57,270 but I'm closing the door on this line of questioning. 392 00:18:58,404 --> 00:18:59,640 In that case, I'm done, Your Honor. 393 00:19:21,394 --> 00:19:23,964 You know what's going on. He's putting us on trial. 394 00:19:23,997 --> 00:19:27,333 He wants the jury to associate this case with you and me. 395 00:19:39,012 --> 00:19:42,783 All I can tell you at this time is the suspect passed a psychiatric exam, 396 00:19:42,816 --> 00:19:44,284 which means he's competent to stand trial. 397 00:19:44,317 --> 00:19:45,719 Was the baseball bat found? 398 00:19:45,752 --> 00:19:47,654 I'm not gonna comment on the evidence at this time. 399 00:19:47,688 --> 00:19:49,756 When there's further developments, I'll keep you apprised. 400 00:19:49,790 --> 00:19:51,558 Were you surprised this case was assigned to you 401 00:19:51,592 --> 00:19:53,694 after so many recent high-profile flops? 402 00:19:53,727 --> 00:19:55,896 (cameras clicking) 403 00:19:55,929 --> 00:19:58,464 There's no strategy here. 404 00:19:58,498 --> 00:20:00,000 Just speak from the heart. 405 00:20:00,033 --> 00:20:04,871 Okay. Will I have to get into the, uh... 406 00:20:06,439 --> 00:20:07,574 Bugs? 407 00:20:07,608 --> 00:20:09,409 You might. 408 00:20:09,442 --> 00:20:12,245 You may have to open yourself up in there, Henry. 409 00:20:12,278 --> 00:20:15,516 Our only chance is if the judge believes you. 410 00:20:15,549 --> 00:20:17,283 If he thinks you're hiding anything... 411 00:20:17,317 --> 00:20:18,519 Okay. 412 00:20:20,887 --> 00:20:22,488 Should Allison be there? 413 00:20:23,489 --> 00:20:24,991 It couldn't hurt. 414 00:20:27,528 --> 00:20:28,729 (sighs) 415 00:20:30,330 --> 00:20:32,498 Everything was going fine, and then suddenly, 416 00:20:32,533 --> 00:20:34,034 his blood pressure just plunged. 417 00:20:34,067 --> 00:20:36,002 Did you know why? No. 418 00:20:36,036 --> 00:20:38,672 There's always a risk in any surgery. 419 00:20:38,705 --> 00:20:41,374 I do know we didn't overload fluids. 420 00:20:41,407 --> 00:20:45,011 When Mr. Riley's heart went into arrest, what did you do? 421 00:20:45,045 --> 00:20:47,981 We massaged the chest, brought in a defibrillator, 422 00:20:48,014 --> 00:20:50,917 started the heart again, but then it stopped. 423 00:20:50,951 --> 00:20:52,719 We wheeled in a crash cart. 424 00:20:52,753 --> 00:20:54,588 Contrary to Dr. Wills' assertion, 425 00:20:54,621 --> 00:20:57,791 we did have the technology to respond to this crisis. 426 00:20:57,824 --> 00:21:02,529 Dr. Stiles, Mr. Riley did die on your table. 427 00:21:02,563 --> 00:21:04,497 I know. 428 00:21:04,531 --> 00:21:07,333 And it was devastating for all of us. 429 00:21:07,367 --> 00:21:12,038 But... death is a risk in every surgery. 430 00:21:12,072 --> 00:21:15,809 Sometimes, whether it be heart failure 431 00:21:15,842 --> 00:21:19,045 or reaction to anesthesia, 432 00:21:19,079 --> 00:21:22,382 unforeseen circumstances take a life. 433 00:21:22,415 --> 00:21:24,518 All I can assure you of, 434 00:21:24,551 --> 00:21:27,020 as I've assured Mrs. Riley, 435 00:21:27,053 --> 00:21:30,524 is that everything was done right in that room. 436 00:21:30,557 --> 00:21:33,426 This is not a death due to doctor error. 437 00:21:35,929 --> 00:21:38,464 Did you have a cardiothoracic surgeon? 438 00:21:38,498 --> 00:21:39,833 I beg your pardon? 439 00:21:39,866 --> 00:21:42,669 Did you have a cardiothoracic surgeon, 440 00:21:42,703 --> 00:21:45,071 somebody who could open up the patient's chest, 441 00:21:45,105 --> 00:21:47,774 massage the heart, maybe put him on bypass even? 442 00:21:47,808 --> 00:21:49,943 Did you have such a doctor in your office? 443 00:21:49,976 --> 00:21:53,847 No. A hospital would have, right? 444 00:21:53,880 --> 00:21:56,349 How long have you been performing liposuctions, sir? 445 00:21:56,382 --> 00:21:58,552 I've been doing them for about two years. 446 00:21:58,585 --> 00:22:00,621 You are a cosmetic surgeon who specializes 447 00:22:00,654 --> 00:22:02,355 on face reconstruction, aren't you? 448 00:22:02,388 --> 00:22:03,857 If you're suggesting 449 00:22:03,890 --> 00:22:05,726 that I'm not qualified to do the procedure-- 450 00:22:05,759 --> 00:22:07,628 I'm suggesting this isn't your specialty. 451 00:22:07,661 --> 00:22:09,663 I'm suggesting that up until two years ago, 452 00:22:09,696 --> 00:22:11,632 you worked on faces and burn victims, 453 00:22:11,665 --> 00:22:13,567 but you didn't do liposuctions, isn't that correct? 454 00:22:13,600 --> 00:22:15,902 I'm sorry. I have to object to this assault. 455 00:22:15,936 --> 00:22:17,003 This is an assault? 456 00:22:17,037 --> 00:22:18,471 (scoffs) Your Honor, 457 00:22:18,505 --> 00:22:20,574 I have a personal affection for Mr. Young. 458 00:22:20,607 --> 00:22:22,108 I think he's a fine attorney. 459 00:22:22,142 --> 00:22:25,045 Perhaps a reminder that this is a civil trial? 460 00:22:25,078 --> 00:22:26,747 Your Honor-- JUDGE MICHAELSON: Never mind. 461 00:22:26,780 --> 00:22:29,783 I'm overruling the objection. Mr. Young, proceed. 462 00:22:29,816 --> 00:22:32,986 You sucked out 22 pounds of fat, didn't you, doctor? 463 00:22:33,019 --> 00:22:34,588 Yes. You are aware 464 00:22:34,621 --> 00:22:36,089 that's more than what's considered to be safe-- 465 00:22:36,122 --> 00:22:39,059 You can't quantify safety with statistics. 466 00:22:39,092 --> 00:22:40,827 It's done on a case-by-case basis, 467 00:22:40,861 --> 00:22:43,129 and in this case, I felt it was safe. 468 00:22:43,163 --> 00:22:44,998 And he died. 469 00:22:45,031 --> 00:22:46,733 Not because I took out too much fat. 470 00:22:46,767 --> 00:22:49,970 Well, as-- as I understand it, the more fat you suction out, 471 00:22:50,003 --> 00:22:52,005 the more trauma to the body, is that correct? 472 00:22:52,038 --> 00:22:53,974 Yes. And the more lidocaine needed-- 473 00:22:54,007 --> 00:22:57,077 This patient did not die from a lidocaine overdose. 474 00:22:57,110 --> 00:22:58,845 You know that to a medical certainty? 475 00:22:58,879 --> 00:23:01,748 As I said, you can never know anything to a medical certainty. 476 00:23:01,782 --> 00:23:03,083 Then why are you saying it with such certainty? 477 00:23:03,116 --> 00:23:05,451 Objection. Withdrawn. How much do you charge 478 00:23:05,485 --> 00:23:08,755 for this kind of procedure? I charged Mr. Riley $8,000. 479 00:23:08,789 --> 00:23:11,024 And that's up-front, right? No insurance to deal with? 480 00:23:11,057 --> 00:23:12,693 How is this relevant? 481 00:23:12,726 --> 00:23:14,194 It is relevant because you're in the business of sucking 482 00:23:14,227 --> 00:23:16,462 fat out of people without any concern-- Objection! 483 00:23:16,496 --> 00:23:18,498 You can save your personal affection, Mr. Bradford. 484 00:23:18,532 --> 00:23:22,435 All right! This is a court of law, not a street fight. 485 00:23:22,468 --> 00:23:24,771 What did you say? JUDGE MICHAELSON: That's enough! 486 00:23:25,939 --> 00:23:28,041 (sighs) 487 00:23:28,074 --> 00:23:29,776 Your Honor, 488 00:23:29,810 --> 00:23:32,546 I apologize both to you and the jury 489 00:23:32,579 --> 00:23:36,016 for this... unnecessary acrimony. 490 00:23:37,250 --> 00:23:39,085 Mr. Young, return your attention 491 00:23:39,119 --> 00:23:41,454 to the witness, please. 492 00:23:45,158 --> 00:23:49,095 Mr. Olson, at trial, 493 00:23:49,129 --> 00:23:52,833 you said when you came out of your office, 494 00:23:52,866 --> 00:23:55,468 you found the woman dead. 495 00:23:55,502 --> 00:23:56,937 Did you see anything else? 496 00:23:56,970 --> 00:23:58,104 HENRY: Yes. 497 00:23:58,138 --> 00:24:02,108 I saw my son Steven. He was leaving. 498 00:24:02,142 --> 00:24:06,212 Your son Steven. Yes. 499 00:24:06,246 --> 00:24:07,948 But you never told anybody. 500 00:24:07,981 --> 00:24:11,985 I told you, deep into the trial, 501 00:24:12,018 --> 00:24:15,088 only because you were going to accuse my wife. 502 00:24:15,121 --> 00:24:17,090 Why did you keep this secret? 503 00:24:19,159 --> 00:24:23,229 He had his whole life ahead of him, Your Honor. 504 00:24:23,263 --> 00:24:25,799 Me... 505 00:24:25,832 --> 00:24:27,167 I'm... 506 00:24:28,301 --> 00:24:32,573 I was a perverted deviant, 507 00:24:32,606 --> 00:24:35,175 who liked to watch women step on bugs. 508 00:24:37,310 --> 00:24:41,014 I am the reason that he committed this crime. 509 00:24:41,047 --> 00:24:43,850 I drove him to commit this crime. 510 00:24:44,985 --> 00:24:46,853 He'd heard his mother and me 511 00:24:46,887 --> 00:24:49,089 arguing about my fetish. 512 00:24:50,924 --> 00:24:53,594 My attorneys told me that I had a chance 513 00:24:53,627 --> 00:24:57,130 of winning a trial, so I took the chance, 514 00:24:57,163 --> 00:24:59,700 figuring if I could get out of prison... 515 00:25:01,635 --> 00:25:03,637 ...I could get Steven some help. 516 00:25:12,245 --> 00:25:14,147 Why should we believe you? 517 00:25:14,180 --> 00:25:16,316 Because I'm telling the truth. 518 00:25:16,349 --> 00:25:17,951 Well, your son is dead. 519 00:25:17,984 --> 00:25:20,053 He can't defend himself to these charges. 520 00:25:20,086 --> 00:25:22,288 I told Mr. Berluti before he was dead. 521 00:25:22,322 --> 00:25:23,890 Even if you did, 522 00:25:23,924 --> 00:25:25,559 all of this coincides with your motive 523 00:25:25,592 --> 00:25:27,794 to be cleared of this crime, 524 00:25:27,828 --> 00:25:30,296 and all we have is your word here, 525 00:25:30,330 --> 00:25:31,865 isn't that right, Mr. Olson? 526 00:25:33,299 --> 00:25:35,669 You lied to your wife about this bug thing. 527 00:25:35,702 --> 00:25:37,704 You kept the truth from your own attorneys. 528 00:25:37,738 --> 00:25:40,340 That is, if this latest version is the truth. 529 00:25:40,373 --> 00:25:43,109 We have a conviction here supported by evidence, 530 00:25:43,143 --> 00:25:44,911 which you're trying to overturn 531 00:25:44,945 --> 00:25:47,781 with nothing but your word of honor. 532 00:25:47,814 --> 00:25:49,950 And my affidavit. 533 00:25:49,983 --> 00:25:53,053 I accused the son, Steven, of killing this woman. 534 00:25:53,086 --> 00:25:55,121 He didn't deny it. 535 00:25:55,155 --> 00:25:58,124 Instead, he goes home and kills himself. 536 00:25:58,158 --> 00:26:00,861 We have a tremendous injustice here. 537 00:26:00,894 --> 00:26:03,730 An innocent man is sitting in jail 538 00:26:03,764 --> 00:26:05,832 for a crime he didn't commit. 539 00:26:05,866 --> 00:26:07,901 We can't just sit back and say, 540 00:26:07,934 --> 00:26:10,003 "Too late. Game's over." 541 00:26:10,036 --> 00:26:12,005 It's not too late. 542 00:26:12,038 --> 00:26:14,107 There he still sits. 543 00:26:14,140 --> 00:26:16,843 It's not too late. 544 00:26:16,877 --> 00:26:21,147 We all say, "Better to let ten guilty men go free 545 00:26:21,181 --> 00:26:24,851 than send one innocent man to jail," 546 00:26:24,885 --> 00:26:29,322 And still he sits in prison, innocent. 547 00:26:29,355 --> 00:26:32,893 He didn't kill that woman. 548 00:26:34,160 --> 00:26:36,663 Mr. Berluti, I'm impressed with your passion, 549 00:26:36,697 --> 00:26:39,165 and I don't dismiss the value of your affidavit, 550 00:26:39,199 --> 00:26:42,669 but still, we have a process here. 551 00:26:42,703 --> 00:26:45,038 The jury listened to every witness, 552 00:26:45,071 --> 00:26:48,041 they deliberated, and they returned a verdict, 553 00:26:48,074 --> 00:26:49,843 and I certainly have to have more 554 00:26:49,876 --> 00:26:51,945 than a defendant's word and an attorney's word 555 00:26:51,978 --> 00:26:53,379 that he's innocent. 556 00:26:53,413 --> 00:26:56,016 Otherwise, I'd be making a mockery 557 00:26:56,049 --> 00:26:57,884 of the jury system altogether. 558 00:26:57,918 --> 00:27:02,388 It's one thing if the DA was coming forward with you, 559 00:27:02,422 --> 00:27:05,826 saying an injustice has been done, but here... 560 00:27:08,862 --> 00:27:11,131 All I have is you, 561 00:27:11,164 --> 00:27:14,034 the man's lawyer, the man's friend, 562 00:27:14,067 --> 00:27:15,869 protesting his innocence. 563 00:27:18,071 --> 00:27:19,673 The conviction stands. 564 00:27:19,706 --> 00:27:21,207 Adjourned. (gavel bangs) 565 00:27:22,809 --> 00:27:24,778 (crowd murmuring) 566 00:27:49,503 --> 00:27:51,271 Come on, Jimmy. 567 00:28:03,349 --> 00:28:05,185 I think we should call him on it. 568 00:28:05,218 --> 00:28:06,486 I mean, how can we just sit back-- 569 00:28:06,520 --> 00:28:08,021 We stick to the case, Rebecca. 570 00:28:08,054 --> 00:28:11,191 But he's not. You know he's not. 571 00:28:11,224 --> 00:28:13,093 We play any other card at this point, 572 00:28:13,126 --> 00:28:14,795 we just look desperate. 573 00:28:14,828 --> 00:28:16,329 We stick to the merits of the case. 574 00:28:23,770 --> 00:28:25,806 (indistinct chatter) 575 00:28:32,979 --> 00:28:34,915 You're wasting your time, Jimmy. 576 00:28:34,948 --> 00:28:36,282 What, you think you're going to liquor me up-- 577 00:28:36,316 --> 00:28:38,484 Suppose I deliver the rabbi killer, 578 00:28:39,385 --> 00:28:40,386 Murder Two. 579 00:28:43,557 --> 00:28:47,093 Clyde Miller for Henry Olson, straight up. 580 00:28:48,094 --> 00:28:49,429 First of all, 581 00:28:49,462 --> 00:28:51,898 what you're proposing is so unethical. 582 00:28:51,932 --> 00:28:53,534 Which is why I never proposed it. 583 00:28:53,567 --> 00:28:56,369 Second, I don't need any favors on Miller. 584 00:28:56,402 --> 00:28:57,538 We got the guy. 585 00:28:57,571 --> 00:28:59,072 No, you don't, Richard. 586 00:28:59,105 --> 00:29:01,341 Prints on the bat, rabbi's DNA all over it. 587 00:29:01,374 --> 00:29:03,944 He found the rabbi dead in the alley, 588 00:29:03,977 --> 00:29:05,311 decided to rob him. 589 00:29:05,345 --> 00:29:06,947 Is that his story? 590 00:29:06,980 --> 00:29:10,551 Could be, and you can't completely disprove it. 591 00:29:10,584 --> 00:29:12,519 The guy's got an assault record as long as my-- 592 00:29:12,553 --> 00:29:15,355 Yeah, history of mugging, not killing, 593 00:29:15,388 --> 00:29:18,091 and all we need is one lone juror. 594 00:29:18,124 --> 00:29:21,294 High-profile case, public outrage. 595 00:29:21,327 --> 00:29:24,497 You lose this one, Richard... 596 00:29:24,531 --> 00:29:26,967 I know you don't want to think about that. 597 00:29:27,000 --> 00:29:28,935 I won't lose it, Jimmy. 598 00:29:28,969 --> 00:29:31,104 Save your breath trying to intimidate me. 599 00:29:31,137 --> 00:29:33,173 I got an innocent man 600 00:29:33,206 --> 00:29:35,542 and a way to make things easy for you. 601 00:29:35,576 --> 00:29:39,312 It's win/win, justice/justice. 602 00:29:43,083 --> 00:29:46,587 If-- I say if-- 603 00:29:46,620 --> 00:29:48,889 Olson passes a polygraph... 604 00:29:50,490 --> 00:29:53,259 ...I will consider a joint recommendation to the court. 605 00:29:58,599 --> 00:30:01,067 On a completely unrelated matter, 606 00:30:01,101 --> 00:30:03,069 I'm offering Clyde Miller Murder Two. 607 00:30:15,215 --> 00:30:18,284 Res ipsa loquitor. 608 00:30:18,318 --> 00:30:21,221 That's a Latin term which basically means, 609 00:30:21,254 --> 00:30:24,157 "What happened speaks for itself." 610 00:30:24,190 --> 00:30:27,160 And that's what we have here. 611 00:30:27,193 --> 00:30:30,430 That man was in exclusive control of the situation. 612 00:30:30,463 --> 00:30:33,233 The patient died, in a procedure where injury 613 00:30:33,266 --> 00:30:34,635 does not normally occur. 614 00:30:34,668 --> 00:30:36,369 After going in for liposuction, 615 00:30:36,402 --> 00:30:39,105 a procedure so simple dentists are now doing it, 616 00:30:39,139 --> 00:30:42,008 he came out dead, and the doctor's response is, 617 00:30:42,042 --> 00:30:44,511 "Sometimes it happens. Patients die." 618 00:30:44,545 --> 00:30:46,913 And you know why he died, ladies and gentlemen? 619 00:30:46,947 --> 00:30:49,049 Money. Money. 620 00:30:49,082 --> 00:30:50,951 With HMOs cutting costs, 621 00:30:50,984 --> 00:30:53,019 with hospitals slashing doctors' salaries, 622 00:30:53,053 --> 00:30:56,256 surgeons are turning to cosmetic surgery to heat their pools. 623 00:30:56,289 --> 00:30:58,458 Forget having to wait for insurance reimbursements. 624 00:30:58,491 --> 00:31:01,194 These procedures aren't covered by insurance. 625 00:31:01,227 --> 00:31:02,495 The money's up-front-- 626 00:31:02,529 --> 00:31:04,998 Six, seven, eight thousand dollars a pop 627 00:31:05,031 --> 00:31:07,400 for liposuction, and we're talking about cash, people. 628 00:31:07,433 --> 00:31:09,536 And they do it right in their offices, 629 00:31:09,570 --> 00:31:12,539 'cause you start cutting profits when you do it in a hospital. 630 00:31:12,573 --> 00:31:16,543 Which is okay when things go right, I guess. 631 00:31:16,577 --> 00:31:19,179 But when things go wrong? 632 00:31:19,212 --> 00:31:24,117 Morris Riley-- death. 633 00:31:27,320 --> 00:31:31,925 He took out 22 pounds of fat, too much by medical standards. 634 00:31:31,958 --> 00:31:35,095 He had to load him with extra lidocaine in order to do it. 635 00:31:35,128 --> 00:31:37,363 Lidocaine-- a drug that slows the pulse, 636 00:31:37,397 --> 00:31:39,465 a drug that affects the heart. 637 00:31:39,499 --> 00:31:42,068 And he did it in his office with no cardiologist 638 00:31:42,102 --> 00:31:44,104 and no cardiothoracic surgeon in the building. 639 00:31:44,137 --> 00:31:47,473 This should have been done in a hospital. 640 00:31:47,508 --> 00:31:49,543 Something went terribly wrong. 641 00:31:49,576 --> 00:31:52,112 Simple procedure, patient dies-- 642 00:31:52,145 --> 00:31:55,315 something went terribly wrong. 643 00:31:56,482 --> 00:32:00,153 Res ipsa loquitor. 644 00:32:03,524 --> 00:32:05,091 Murder Two? 645 00:32:05,125 --> 00:32:06,960 Man, isn't that like life? 646 00:32:06,993 --> 00:32:09,630 It is, but with parole, maybe. 647 00:32:09,663 --> 00:32:13,099 If you go down on Murder One, forget it. 648 00:32:13,133 --> 00:32:15,536 And you don't think that we could beat it? 649 00:32:15,569 --> 00:32:17,303 O.J.-- he beat it. 650 00:32:17,337 --> 00:32:20,473 Honest-- we could take the shot, 651 00:32:20,507 --> 00:32:22,408 but I don't think we'd win, 652 00:32:22,442 --> 00:32:25,546 in which case, you are looking at Murder One. 653 00:32:25,579 --> 00:32:27,480 I think, if we can make this go away, 654 00:32:27,514 --> 00:32:31,351 quiet, with Murder Two, 655 00:32:31,384 --> 00:32:33,186 you'd be crazy not to take it. 656 00:32:42,262 --> 00:32:44,598 Never mind there's been no negligence. 657 00:32:46,099 --> 00:32:48,368 Never mind nobody did anything wrong. 658 00:32:48,401 --> 00:32:51,271 Go to court, roll the dice, 659 00:32:51,304 --> 00:32:53,006 and hope for a jackpot. 660 00:32:54,174 --> 00:32:55,709 Didn't used to be this way, 661 00:32:55,742 --> 00:32:59,045 but with the proliferation of law schools 662 00:32:59,079 --> 00:33:01,548 and the lowering of the bar, if you will, 663 00:33:01,582 --> 00:33:04,651 we have a glut of attorneys 664 00:33:04,685 --> 00:33:07,588 and a resulting boom of litigation to feed them. 665 00:33:07,621 --> 00:33:10,056 And accordingly, 666 00:33:10,090 --> 00:33:14,460 you can always find a lawyer to take your case today, 667 00:33:14,494 --> 00:33:17,664 and Mrs. Riley found two very capable ones 668 00:33:17,698 --> 00:33:19,566 to take hers, didn't she? 669 00:33:20,734 --> 00:33:22,536 The problem is, 670 00:33:22,569 --> 00:33:25,071 she has no evidence 671 00:33:25,105 --> 00:33:27,641 to establish any wrongdoing 672 00:33:27,674 --> 00:33:29,409 by Dr. Stiles. 673 00:33:30,544 --> 00:33:34,380 But we had an unfortunate result, 674 00:33:34,414 --> 00:33:37,450 and therefore we are automatically leaping 675 00:33:37,483 --> 00:33:39,285 to negligence. 676 00:33:39,319 --> 00:33:41,655 Mr. Young even admitted as much, didn't he? 677 00:33:41,688 --> 00:33:46,092 When he stood up here saying, res ipsa loquitor. 678 00:33:46,126 --> 00:33:47,794 Let's presume it. 679 00:33:49,495 --> 00:33:54,100 I have compassion for Mrs. Riley's pain 680 00:33:54,134 --> 00:33:55,201 as I'm sure you do. 681 00:33:55,235 --> 00:34:00,541 Her husband's heart gave out, as hearts sometimes do. 682 00:34:01,675 --> 00:34:04,545 There is a tragedy here, no question. 683 00:34:06,112 --> 00:34:09,249 But there is no malpractice. 684 00:34:18,291 --> 00:34:20,193 Mr. Young, rebuttal. 685 00:34:24,330 --> 00:34:28,168 Whether there is malpractice or not, 686 00:34:28,201 --> 00:34:30,470 that is your decision. 687 00:34:30,504 --> 00:34:32,272 But I hope you don't think less 688 00:34:32,305 --> 00:34:34,107 of Mrs. Riley's cause of action, 689 00:34:34,140 --> 00:34:36,710 because of the lawyer she found to represent her. 690 00:34:36,743 --> 00:34:38,478 Well-- don't get me wrong. 691 00:34:38,512 --> 00:34:41,848 Like Mr. Bradford said, we're capable attorneys. 692 00:34:41,882 --> 00:34:44,751 I think we're even a credit to our profession. 693 00:34:44,785 --> 00:34:48,321 But let's face it, we're not the best. 694 00:34:48,354 --> 00:34:51,457 We've come a long way, we've made some progress, 695 00:34:51,491 --> 00:34:54,394 but we're just not the first choice, are we? 696 00:34:54,427 --> 00:34:55,696 What's going on here? 697 00:34:55,729 --> 00:34:57,297 What's going on 698 00:34:57,330 --> 00:34:59,600 with the proliferation of law schools 699 00:34:59,633 --> 00:35:01,702 and the lowering of the bar? 700 00:35:01,735 --> 00:35:04,204 And more and more attorneys like us 701 00:35:04,237 --> 00:35:06,139 are finding our way into this room. 702 00:35:06,172 --> 00:35:09,309 I'm agreeing with you, Mr. Bradford. 703 00:35:09,342 --> 00:35:10,811 Counsel, if you're not gonna argue the evidence, 704 00:35:10,844 --> 00:35:12,779 I'll ask you to return to your seat. 705 00:35:12,813 --> 00:35:17,283 Mr. Young and I are very much in evidence, Your Honor. 706 00:35:17,317 --> 00:35:21,187 Mr. Bradford put us in evidence. 707 00:35:21,221 --> 00:35:22,656 He asked Mrs. Riley, 708 00:35:22,689 --> 00:35:24,625 who first told her there was negligence? 709 00:35:24,658 --> 00:35:27,460 Was it a doctor or was it your lawyer? 710 00:35:27,493 --> 00:35:29,896 He asked her, "How many law firms did you visit 711 00:35:29,930 --> 00:35:33,333 before you found an attorney willing to take your case?" 712 00:35:33,366 --> 00:35:37,170 He asked our expert witness if he was regularly hired 713 00:35:37,203 --> 00:35:40,774 by these types of plaintiff law firms. 714 00:35:40,807 --> 00:35:44,377 He announces his personal affection for Mr. Young 715 00:35:44,410 --> 00:35:47,247 and then reminds him this isn't a street fight? 716 00:35:48,481 --> 00:35:50,684 We are very much in evidence, Your Honor, 717 00:35:50,717 --> 00:35:52,218 and I don't like it. 718 00:35:53,520 --> 00:35:54,755 I don't like it one bit. 719 00:35:54,788 --> 00:35:56,923 Ms. Washington, I'll ask you once again. 720 00:35:56,957 --> 00:35:59,626 Please confine your remarks to the case. 721 00:36:02,863 --> 00:36:05,198 Wife saves up money 722 00:36:05,231 --> 00:36:08,702 to give her husband a liposuction procedure. 723 00:36:09,736 --> 00:36:11,404 They go to a doctor, 724 00:36:11,437 --> 00:36:15,408 doctor performs the procedure, husband dies. 725 00:36:16,510 --> 00:36:18,512 That's a pretty good case. 726 00:36:18,545 --> 00:36:20,614 Now, imagine how strong it would be 727 00:36:20,647 --> 00:36:24,518 if Mrs. Riley had found the right kind of lawyers. 728 00:36:38,765 --> 00:36:40,333 (door slams) I didn't do anything. 729 00:36:40,366 --> 00:36:41,702 Where's Jimmy? Right here. What's-- 730 00:36:41,735 --> 00:36:43,269 You signed off on Murder Two 731 00:36:43,303 --> 00:36:45,471 with Clyde Miller? Just like that? 732 00:36:45,506 --> 00:36:47,674 We had a take it or leave it-- one-time offer. 733 00:36:47,708 --> 00:36:48,942 So, why did you take it? 734 00:36:48,975 --> 00:36:50,544 Because he was looking at first degree. 735 00:36:50,577 --> 00:36:51,945 Well, we still could have tried the thing. 736 00:36:51,978 --> 00:36:54,447 And lost. But maybe won. Their evidence-- 737 00:36:54,480 --> 00:36:55,649 Oh, please. 738 00:36:55,682 --> 00:36:57,751 Jimmy, there were no witnesses. 739 00:36:57,784 --> 00:36:59,319 I just beat a much tougher case than this one 740 00:36:59,352 --> 00:37:00,654 a month ago with Darryl Hutchins. 741 00:37:00,687 --> 00:37:02,355 What's going on? 742 00:37:02,388 --> 00:37:04,257 Clyde Miller-- He just copped a second degree. 743 00:37:04,290 --> 00:37:05,859 There were no rabbits to pull on this one, Ellenor. 744 00:37:05,892 --> 00:37:08,494 They had him dead to center. Even so, Jimmy, 745 00:37:08,529 --> 00:37:11,331 this seems a little rushed, and since I am second chair... (phone rings) 746 00:37:11,364 --> 00:37:13,433 I think you could have run this by me before-- 747 00:37:13,466 --> 00:37:15,536 I didn't think you really wanted to be bothered. 748 00:37:16,837 --> 00:37:18,972 Good news. Henry passed the polygraph. 749 00:37:19,005 --> 00:37:21,708 He did? Yes. They're transferring him to the courthouse. 750 00:37:22,809 --> 00:37:24,545 What's he taking the polygraph for? 751 00:37:24,578 --> 00:37:26,479 Richard Bay-- I worked him up last night. 752 00:37:26,513 --> 00:37:27,948 He said if Henry passed a lie detector, 753 00:37:27,981 --> 00:37:29,415 he'd endorse his release. 754 00:37:29,449 --> 00:37:31,585 Bay's going to recommend release now? 755 00:37:31,618 --> 00:37:33,687 He said a polygraph would sell him. 756 00:37:34,855 --> 00:37:36,590 Richard Bay's the DA on... 757 00:37:37,924 --> 00:37:39,492 ...Clyde Miller. 758 00:37:44,531 --> 00:37:45,766 Oh, my God. 759 00:37:45,799 --> 00:37:48,635 Tell me. In my office. 760 00:37:48,669 --> 00:37:51,004 I can't. They're transferring Henry back to the courthouse. 761 00:37:51,037 --> 00:37:52,639 In my office. 762 00:37:58,679 --> 00:38:01,014 You served up Miller to get Henry out? 763 00:38:01,047 --> 00:38:03,349 I made independent deals. Don't screw with me, Jimmy. 764 00:38:03,383 --> 00:38:04,818 I made separate deals for two-- 765 00:38:04,851 --> 00:38:06,352 You don't just cop to Murder Two. 766 00:38:06,386 --> 00:38:07,721 Judgment call, and don't tell me 767 00:38:07,754 --> 00:38:08,855 you've never done it. You could get disbarred! 768 00:38:08,889 --> 00:38:10,757 I know you've done it. I'm talking here! 769 00:38:10,791 --> 00:38:12,526 And I'm not listening! Shut up! 770 00:38:13,760 --> 00:38:16,630 Don't you-- Don't you dare put yourself 771 00:38:16,663 --> 00:38:18,431 in my position. 772 00:38:18,464 --> 00:38:20,867 A man isn't in jail 'cause of you. 773 00:38:20,901 --> 00:38:24,104 A kid didn't put a noose around his neck 'cause of you. 774 00:38:24,137 --> 00:38:25,972 You're falling apart. 775 00:38:26,006 --> 00:38:27,808 Of course I'm falling apart! 776 00:38:27,841 --> 00:38:30,043 I've been falling apart for three months. I-- 777 00:38:30,076 --> 00:38:32,412 (breathing heavily) Look at me. 778 00:38:32,445 --> 00:38:34,648 I put on 50 pounds. Why do you think? 779 00:38:36,382 --> 00:38:38,619 I gotta fix this, Bobby. I won't let you. 780 00:38:39,019 --> 00:38:40,554 You just stay the hell out of it! 781 00:38:40,587 --> 00:38:43,456 I can't! Clyde Miller is a client of this firm. 782 00:38:43,489 --> 00:38:45,458 I explained the deal to him. He took it. 783 00:38:45,491 --> 00:38:47,127 He's stupid. He'll do whatever you say. 784 00:38:47,160 --> 00:38:49,563 You keep out of it! You want to fire me, fire me, 785 00:38:49,596 --> 00:38:51,798 but I got to fix this! 786 00:38:58,438 --> 00:39:01,407 He's a killer. He killed a rabbi. 787 00:39:01,441 --> 00:39:02,743 He should be in jail. 788 00:39:03,877 --> 00:39:06,647 Henry Olson shouldn't be. 789 00:39:06,680 --> 00:39:08,615 This is a just result. 790 00:39:11,451 --> 00:39:13,587 It doesn't work like that, Jimmy. 791 00:39:14,721 --> 00:39:17,457 Please. 792 00:39:17,490 --> 00:39:21,427 Two separate deals, two different cases. 793 00:39:21,461 --> 00:39:23,730 He'd go down on Murder One if we tried it. 794 00:39:24,731 --> 00:39:26,767 Just let this be. 795 00:39:33,707 --> 00:39:35,542 Just let this be. 796 00:39:49,455 --> 00:39:51,558 How long will it take? 797 00:39:53,459 --> 00:39:55,829 It could take some time. 798 00:39:55,862 --> 00:39:58,031 They first have to decide on liability. 799 00:39:58,064 --> 00:40:00,433 If they find him negligent, 800 00:40:00,466 --> 00:40:02,102 then they go to damages. 801 00:40:02,969 --> 00:40:04,137 It could take some time. 802 00:40:17,851 --> 00:40:19,119 You angry? 803 00:40:21,855 --> 00:40:23,657 I just don't know that you helped, Rebecca. 804 00:40:23,690 --> 00:40:24,758 It was in the air. 805 00:40:24,791 --> 00:40:27,528 I wasn't playing cards. I promise. 806 00:40:31,131 --> 00:40:32,966 I just had to clear some air. 807 00:40:52,953 --> 00:40:54,821 This is way too fast. 808 00:40:54,855 --> 00:40:56,222 Tell me about it. 809 00:41:03,296 --> 00:41:06,032 Mr. Foreman, the jury has reached a verdict? 810 00:41:06,066 --> 00:41:07,601 We have, Your Honor. 811 00:41:07,634 --> 00:41:09,670 What say you? 812 00:41:09,703 --> 00:41:11,104 On question one, 813 00:41:11,137 --> 00:41:12,973 do we find the defendant negligent? 814 00:41:13,006 --> 00:41:14,875 We, the jury answer yes. 815 00:41:16,242 --> 00:41:18,178 On question two, 816 00:41:18,211 --> 00:41:19,746 do we find the defendant's negligence 817 00:41:19,780 --> 00:41:22,716 to be the proximate cause of Morris Riley's death? 818 00:41:22,749 --> 00:41:24,217 We the jury answer yes. 819 00:41:26,987 --> 00:41:28,288 We further order the defendant 820 00:41:28,321 --> 00:41:30,757 to pay damages to the plaintiff 821 00:41:30,791 --> 00:41:32,926 in the amount of six million dollars. 822 00:41:32,959 --> 00:41:35,195 (people gasping, murmuring) 823 00:41:36,697 --> 00:41:38,665 Did he say-- 824 00:41:38,699 --> 00:41:40,100 What did he say? 825 00:41:40,133 --> 00:41:42,135 He sure didn't say 32,000. 826 00:41:42,168 --> 00:41:43,870 Six million? 827 00:41:46,840 --> 00:41:48,842 Your Honor, we move for a judgment 828 00:41:48,875 --> 00:41:50,176 notwithstanding the verdict 829 00:41:50,210 --> 00:41:52,245 and ask that the award be put aside. 830 00:41:52,278 --> 00:41:54,848 Denied. This matter is adjourned. 831 00:41:54,881 --> 00:41:57,851 Members of the jury, thank you for your service. 832 00:41:57,884 --> 00:41:59,052 (bangs gavel) 833 00:42:01,988 --> 00:42:03,156 I win? 834 00:42:03,189 --> 00:42:04,991 You can count on an appeal. 835 00:42:05,759 --> 00:42:07,093 But yeah, you win. 836 00:42:15,769 --> 00:42:19,172 Mr. Bay, I must say, I didn't expect this. 837 00:42:19,205 --> 00:42:21,842 BAY: Your Honor, Mr. Berluti's verified affidavit, 838 00:42:21,875 --> 00:42:23,610 the boy's suicide-- 839 00:42:23,644 --> 00:42:26,312 I have to admit it gives me serious pause. 840 00:42:26,346 --> 00:42:29,115 Then this morning, Mr. Olson took a polygraph, 841 00:42:29,149 --> 00:42:30,751 which he passed. 842 00:42:30,784 --> 00:42:32,619 Though that's not legally admissible, 843 00:42:32,653 --> 00:42:34,788 it should certainly be deemed reliable, 844 00:42:34,821 --> 00:42:37,323 and, well, the Commonwealth no longer believes 845 00:42:37,357 --> 00:42:39,593 he committed the crime. 846 00:42:39,626 --> 00:42:41,862 At the minimum, he should be granted a new trial. 847 00:42:41,895 --> 00:42:44,197 And if granted a new trial, 848 00:42:44,230 --> 00:42:45,699 would the Commonwealth pursue it? 849 00:42:45,732 --> 00:42:47,300 No, Your Honor. 850 00:42:47,333 --> 00:42:49,169 We couldn't proceed in good faith at this point. 851 00:42:49,202 --> 00:42:52,806 Well, then I'm certainly not gonna waste anybody's time. 852 00:42:54,140 --> 00:42:56,176 Mr. Olson, you're a free man. 853 00:42:56,209 --> 00:42:57,678 The conviction is set aside. 854 00:42:57,711 --> 00:42:58,979 You can go. 855 00:43:09,690 --> 00:43:13,059 Jimmy, thank you. Thank you. 856 00:43:13,093 --> 00:43:14,728 Oh, God. 857 00:43:14,761 --> 00:43:17,030 Oh, we did it. 858 00:43:17,063 --> 00:43:19,132 Oh, thank you. Thank you. 859 00:43:19,165 --> 00:43:20,701 Thank you. 860 00:44:04,978 --> 00:44:07,380 (music playing) 861 00:44:31,171 --> 00:44:32,238 You stinker! 64340

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