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1
00:00:01,201 --> 00:00:02,503
Previously on The Practice:
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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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