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Previously on"The Practice"...
2
00:00:02,235 --> 00:00:04,571
Amanda,
I'm Lucy Hatcher,
3
00:00:04,605 --> 00:00:07,307
a counselor from
the Rape Crisis Center.
4
00:00:07,340 --> 00:00:10,110
-How old are you?
-Eleven.
5
00:00:10,143 --> 00:00:11,578
HELEN: The good news is
we caught him.
6
00:00:11,612 --> 00:00:13,346
At least,
I'm pretty sure of it.
7
00:00:13,379 --> 00:00:15,315
I was wondering whether
you'd be able to look
8
00:00:15,348 --> 00:00:17,083
at what we call
a police lineup.
9
00:00:17,117 --> 00:00:18,819
No, I don't want
to see him.
10
00:00:18,852 --> 00:00:21,187
I don't think she's strong
enough emotionally to see him.
11
00:00:21,221 --> 00:00:22,556
I really don't.
12
00:00:22,589 --> 00:00:25,425
This whole case comes down
to eyewitness testimony.
13
00:00:25,458 --> 00:00:27,427
So it would be
her word against his?
14
00:00:27,460 --> 00:00:29,630
No, we have
another eyewitness.
15
00:00:29,663 --> 00:00:31,798
A woman saw it
from a balcony.
16
00:00:31,832 --> 00:00:33,767
Are you sure
about the man you saw?
17
00:00:33,800 --> 00:00:35,401
Yes.
He lives in the building.
18
00:00:35,435 --> 00:00:36,570
I know who he is.
19
00:00:36,603 --> 00:00:37,771
Miss Tritter,
I smell alcohol.
20
00:00:37,804 --> 00:00:39,305
Have you been drinking?
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00:00:39,339 --> 00:00:40,674
I've had a few beers.
22
00:00:40,707 --> 00:00:42,609
At the time you saw the rape,
were you drinking then?
23
00:00:42,643 --> 00:00:43,810
Two beers.
24
00:00:43,844 --> 00:00:45,746
HELEN: All I have
is an eyewitness
25
00:00:45,779 --> 00:00:48,348
who was probably
under the influence.
26
00:00:48,381 --> 00:00:52,318
Even with your daughter
testifying...
27
00:00:52,352 --> 00:00:54,855
she's easily shakeable,
Mr. McGowan.
28
00:00:54,888 --> 00:00:56,289
What are you telling me?
29
00:00:56,322 --> 00:00:58,592
It doesn't look good.
30
00:01:04,397 --> 00:01:07,433
What do you mean,
no plea?
31
00:01:07,467 --> 00:01:09,770
He backed out of the deal.
He wants to go to trial.
32
00:01:09,803 --> 00:01:11,672
He can't do that.
33
00:01:11,705 --> 00:01:13,339
Unfortunately, he can.
34
00:01:13,373 --> 00:01:15,241
Until the plea is entered
with the judge, he has--
35
00:01:15,275 --> 00:01:16,810
Does this mean
she'll have to testify?
36
00:01:16,843 --> 00:01:19,680
It means she might.
37
00:01:19,713 --> 00:01:22,683
You have
the other witness.
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00:01:22,716 --> 00:01:24,350
I can't make this case
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00:01:24,384 --> 00:01:27,353
with Michelle Tritter alone,
Howard. You know this.
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00:01:27,387 --> 00:01:30,256
Amanda will probably
have to take the stand.
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00:01:30,290 --> 00:01:35,662
I will do everything I can
to protect her.
42
00:01:38,231 --> 00:01:43,469
Maybe if Michelle Tritter's
testimony is compelling enough,
43
00:01:43,504 --> 00:01:47,307
we could reintroduce
the idea of a plea
44
00:01:47,340 --> 00:01:49,475
to spare Amanda from...
45
00:01:49,510 --> 00:01:52,779
Look, Howard,
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I don't want
to be a killer D. A. here.
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00:01:55,882 --> 00:01:57,918
You want
to call this off?
48
00:01:57,951 --> 00:01:58,919
We can't.
49
00:01:58,952 --> 00:02:00,921
He lives in our building.
50
00:02:00,954 --> 00:02:02,488
If he goes free,
51
00:02:02,523 --> 00:02:05,258
she's got to see him
every day.
52
00:02:05,291 --> 00:02:08,629
He could rape her again.
He's that sick.
53
00:02:11,264 --> 00:02:15,335
Do what you have to do
to get him, Ms. Gamble,
54
00:02:15,368 --> 00:02:18,471
but try to spare
my little girl.
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00:02:22,442 --> 00:02:25,445
♪ (theme)
56
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Jimmy.
57
00:03:16,496 --> 00:03:18,464
Michaelson.
58
00:03:18,498 --> 00:03:21,267
I worked out
an installment plan.
59
00:03:21,301 --> 00:03:22,503
I know this,
60
00:03:22,536 --> 00:03:24,237
but his first payment
was due last Friday.
61
00:03:24,270 --> 00:03:25,872
I'll call him.
62
00:03:25,906 --> 00:03:28,308
I'd appreciate it
if you could call him today.
63
00:03:28,341 --> 00:03:29,876
(door opens)
64
00:03:32,378 --> 00:03:36,449
Excuse me. I'm here
to see Robert Donnell.
65
00:03:36,482 --> 00:03:37,784
You are...
66
00:03:37,818 --> 00:03:39,319
Kate Littlefield.
67
00:03:39,352 --> 00:03:40,987
Yes, he's expecting you.
68
00:03:41,021 --> 00:03:42,689
Can I get you
some coffee or something?
69
00:03:42,723 --> 00:03:43,724
No, thank you.
I'm fine.
70
00:03:43,757 --> 00:03:45,291
Right this way.
71
00:03:49,563 --> 00:03:52,899
I bet she's stopped
some traffic once or twice.
72
00:03:52,933 --> 00:03:53,967
Who is she?
73
00:03:54,000 --> 00:03:55,468
Oh, whoa, whoa.
74
00:03:55,502 --> 00:03:56,903
Ooh, are you okay?
75
00:03:56,937 --> 00:04:00,373
Oh, yeah. That was
no kick, though. Ow.
76
00:04:00,406 --> 00:04:01,474
You all right?
77
00:04:01,508 --> 00:04:02,709
(sighs)
78
00:04:02,743 --> 00:04:04,878
Yeah, I'm fine.
I'm just -- Ahem.
79
00:04:04,911 --> 00:04:06,412
I'm going to sit.
80
00:04:10,016 --> 00:04:12,953
Thank you so much
for agreeing to meet with me.
81
00:04:12,986 --> 00:04:16,523
My husband is
Raymond Littlefield.
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00:04:16,557 --> 00:04:19,359
I don't know whether you
read the newspapers.
83
00:04:19,392 --> 00:04:22,896
He's been charged
with murdering my daughter.
84
00:04:22,929 --> 00:04:24,064
He didn't.
85
00:04:24,097 --> 00:04:26,733
Your daughter,
so his stepdaughter.
86
00:04:26,767 --> 00:04:28,535
Yes.
87
00:04:28,569 --> 00:04:31,404
Our attorney, who I consider
to be excellent--
88
00:04:31,437 --> 00:04:33,640
I'm convinced
he no longer believes
89
00:04:33,674 --> 00:04:35,341
in my husband's innocence,
90
00:04:35,375 --> 00:04:37,578
and neither Raymond
nor myself, for that matter,
91
00:04:37,611 --> 00:04:39,946
feel that it's wise
to go into a trial
92
00:04:39,980 --> 00:04:42,949
with a lawyer who's less
than sure of the cause.
93
00:04:42,983 --> 00:04:44,685
May I stop you?
94
00:04:44,718 --> 00:04:46,520
For the most part,
the lawyer's personal beliefs
95
00:04:46,553 --> 00:04:48,689
about his client's
guilt or innocence--
96
00:04:48,722 --> 00:04:49,923
it rarely matters much.
97
00:04:49,956 --> 00:04:52,025
You don't care?
98
00:04:52,058 --> 00:04:54,060
Not really.
99
00:04:54,094 --> 00:04:56,897
I guess for our own
peace of mind,
100
00:04:56,930 --> 00:04:59,600
we'd like
to walk into that room
101
00:04:59,633 --> 00:05:01,668
with a lawyer
who's truly with us.
102
00:05:01,702 --> 00:05:03,504
I'm also informed
103
00:05:03,537 --> 00:05:05,539
an attorney who believes
in his client's innocence
104
00:05:05,572 --> 00:05:08,074
usually puts more pressure
on himself.
105
00:05:08,108 --> 00:05:11,545
We'd like the benefit
of that pressure.
106
00:05:11,578 --> 00:05:15,115
Tell me about the case.
107
00:05:15,148 --> 00:05:17,918
I've read a little,
but...
108
00:05:17,951 --> 00:05:21,888
My daughter was bludgeoned
to death last October.
109
00:05:21,922 --> 00:05:26,560
Some of her blood was found
on one of Raymond's golf clubs.
110
00:05:26,593 --> 00:05:30,030
Is that the extent
of the evidence?
111
00:05:30,063 --> 00:05:33,634
That and...
112
00:05:33,667 --> 00:05:36,503
they claim he had
an affair with her.
113
00:05:38,705 --> 00:05:41,508
He didn't.
114
00:05:44,511 --> 00:05:45,946
Is it getting worse?
115
00:05:45,979 --> 00:05:50,416
It's not sharp, but...
116
00:05:50,450 --> 00:05:52,485
it's not going away,
either.
117
00:05:52,519 --> 00:05:54,555
Why don't we just go
to the doctor to be safe?
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00:05:57,824 --> 00:05:59,059
Yeah.
119
00:05:59,092 --> 00:06:01,494
That's a good idea.
120
00:06:01,528 --> 00:06:02,529
Come on.
121
00:06:09,570 --> 00:06:12,673
HELEN: Amanda?
122
00:06:12,706 --> 00:06:16,109
How are you doing?
123
00:06:16,142 --> 00:06:18,679
I'm okay.
124
00:06:18,712 --> 00:06:22,683
You're looking
so much better.
125
00:06:24,618 --> 00:06:28,188
You know...
126
00:06:28,221 --> 00:06:31,124
we might need you to come
tell what happened in court.
127
00:06:31,157 --> 00:06:34,427
You said
I didn't have to.
128
00:06:34,460 --> 00:06:36,062
Well, that's
what we're hoping,
129
00:06:36,096 --> 00:06:37,964
and it's still possible
you might not have to.
130
00:06:37,998 --> 00:06:39,766
The man's
going to be there?
131
00:06:39,800 --> 00:06:42,435
Amanda,
you will be totally safe.
132
00:06:42,468 --> 00:06:46,072
There will be a lot of
policemen and court officers.
133
00:06:46,106 --> 00:06:50,043
What-- What if
nobody believes me?
134
00:06:50,076 --> 00:06:52,078
You don't have to
worry about that.
135
00:06:52,112 --> 00:06:54,080
Making them believe--
that's my job.
136
00:06:54,114 --> 00:06:57,618
You just have to
tell what happened.
137
00:06:57,651 --> 00:06:59,119
Can you do that?
138
00:07:02,923 --> 00:07:06,226
She's so fragile
right now.
139
00:07:06,259 --> 00:07:08,161
Is there any way
to get a continuance?
140
00:07:08,194 --> 00:07:09,796
I'm asking for one,
141
00:07:09,830 --> 00:07:12,533
but this judge is a nightmare
with his docket.
142
00:07:12,566 --> 00:07:15,068
I can't see him
giving us any more time.
143
00:07:15,101 --> 00:07:17,237
She's still
in bad shape, Helen.
144
00:07:17,270 --> 00:07:18,572
A week, a month--
145
00:07:18,605 --> 00:07:19,740
I'll try,
146
00:07:19,773 --> 00:07:21,708
but if she has to,
can she do it?
147
00:07:21,742 --> 00:07:26,647
The question is not so much
can she. It's should she.
148
00:07:26,680 --> 00:07:29,983
Sticking her in a room
with the man who raped her...
149
00:07:30,016 --> 00:07:32,553
she'll see him sitting there
in a nice suit,
150
00:07:32,586 --> 00:07:35,155
getting called "mister"
by these authority figures.
151
00:07:35,188 --> 00:07:37,758
Then she'll be attacked
by the defense lawyer.
152
00:07:37,791 --> 00:07:40,193
I understand.
Can she do it?
153
00:07:40,226 --> 00:07:42,729
Can she? Probably, yes,
154
00:07:42,763 --> 00:07:45,899
but try to get her
more time.
155
00:07:48,769 --> 00:07:52,205
All the evidence of the affair
came from my daughter.
156
00:07:52,238 --> 00:07:55,609
She told her friends this.
She told her sister.
157
00:07:55,642 --> 00:07:57,678
And you think
she was making it up?
158
00:07:57,711 --> 00:07:59,112
She was very troubled.
159
00:07:59,145 --> 00:08:01,882
She would say things
to get attention.
160
00:08:01,915 --> 00:08:03,216
Two years ago,
161
00:08:03,249 --> 00:08:06,052
when Raymond wouldn't
let her go to a party,
162
00:08:06,086 --> 00:08:09,122
she threatened to say
that he molested her.
163
00:08:09,155 --> 00:08:11,024
She was getting counseling.
164
00:08:11,057 --> 00:08:12,859
She was pathological,
Mr. Donnell.
165
00:08:12,893 --> 00:08:14,260
Okay, now,
166
00:08:14,294 --> 00:08:17,931
what about her blood
on your husband's golf club?
167
00:08:17,964 --> 00:08:20,133
We believe
the club was planted.
168
00:08:20,166 --> 00:08:22,035
By who?
169
00:08:22,068 --> 00:08:23,103
No idea.
170
00:08:23,136 --> 00:08:25,606
Raymond had some enemies
at work.
171
00:08:25,639 --> 00:08:28,274
Fiona, my daughter,
had enemies, too.
172
00:08:28,308 --> 00:08:31,144
She'd gotten
into some drug problems.
173
00:08:31,177 --> 00:08:34,615
Perhaps somebody
wanted to kill her,
174
00:08:34,648 --> 00:08:38,018
had knowledge of
this so-called "affair,"
175
00:08:38,051 --> 00:08:41,021
and then used it
to frame Raymond.
176
00:08:41,054 --> 00:08:45,325
Or perhaps somebody just
wanted to frame Raymond to...
177
00:08:45,358 --> 00:08:47,694
To what?
178
00:08:47,728 --> 00:08:49,630
Get even.
179
00:08:49,663 --> 00:08:51,331
Who would want
to do that?
180
00:08:51,364 --> 00:08:56,202
He was having an affair
with a woman,
181
00:08:56,236 --> 00:08:58,872
which ended last summer.
182
00:08:58,905 --> 00:09:00,340
Do you think
that this woman
183
00:09:00,373 --> 00:09:02,175
might have
killed your daughter?
184
00:09:02,208 --> 00:09:04,645
I don't even know her.
185
00:09:04,678 --> 00:09:08,915
Raymond thinks not.
The police think not.
186
00:09:08,949 --> 00:09:11,785
How old was your daughter?
187
00:09:11,818 --> 00:09:14,755
Sixteen.
188
00:09:20,360 --> 00:09:22,328
Is this where
you're getting the pains?
189
00:09:22,362 --> 00:09:24,130
Yeah, right there.
Mm-hmm.
190
00:09:24,164 --> 00:09:27,033
Could be just ligament strain
or muscle spasm.
191
00:09:30,170 --> 00:09:32,138
It could be pre-eclampsia.
192
00:09:32,172 --> 00:09:34,641
Your B. P.'s a little high.
193
00:09:34,675 --> 00:09:37,911
Well, the paternity suit
really stressed me out.
194
00:09:37,944 --> 00:09:41,181
There are also trace amounts
of protein in your urine.
195
00:09:41,214 --> 00:09:42,883
Oh, great.
196
00:09:42,916 --> 00:09:44,751
Ellenor, have you been
feeling sick lately?
197
00:09:44,785 --> 00:09:45,819
Had the flu, a cold?
198
00:09:45,852 --> 00:09:47,287
No. Why?
199
00:09:47,320 --> 00:09:49,923
You've got an elevated
white blood cell count,
200
00:09:49,956 --> 00:09:52,893
which is normal in pregnancy,
but you're high.
201
00:09:52,926 --> 00:09:54,928
I want to run
some more tests.
202
00:09:54,961 --> 00:09:55,962
Okay, now you're
freaking me out.
203
00:09:55,996 --> 00:09:58,098
Ellenor.
204
00:09:58,131 --> 00:10:00,834
I know you don't want Ben
because he's a personal friend,
205
00:10:00,867 --> 00:10:02,936
but I'd like
for him to see you.
206
00:10:04,971 --> 00:10:07,040
Is the baby in danger?
207
00:10:07,073 --> 00:10:08,308
Not at all,
208
00:10:08,341 --> 00:10:11,845
but I want Ben Gideon
to see you.
209
00:10:16,883 --> 00:10:19,920
All rise. The honorable
Abraham Betts presiding.
210
00:10:19,953 --> 00:10:21,788
Counsel, remain standing.
211
00:10:21,822 --> 00:10:23,790
No need
to get comfortable.
212
00:10:23,824 --> 00:10:26,827
This isn't
going to take very long.
213
00:10:30,430 --> 00:10:31,932
Ms. Gamble,
214
00:10:31,965 --> 00:10:33,967
your motion for a continuance
is denied.
215
00:10:34,000 --> 00:10:35,368
Your honor--
216
00:10:35,401 --> 00:10:37,971
I told you probable cause
on this is thin.
217
00:10:38,004 --> 00:10:39,873
The defendant
does have the right
218
00:10:39,906 --> 00:10:42,042
to a fair and speedy trial,
Ms. Gamble.
219
00:10:42,075 --> 00:10:43,309
Have you forgotten that?
220
00:10:43,343 --> 00:10:45,145
The rape wasn't
that long ago.
221
00:10:45,178 --> 00:10:46,780
The longer you wait,
222
00:10:46,813 --> 00:10:48,815
the less fresh the memories
of your witnesses.
223
00:10:48,849 --> 00:10:50,984
Yes, thank you
for your concern.
224
00:10:51,017 --> 00:10:52,886
You also have my motion
225
00:10:52,919 --> 00:10:55,989
to let the child testify
via closed-circuit television.
226
00:10:56,022 --> 00:10:57,157
Denied.
227
00:10:57,190 --> 00:11:00,326
This trial starts
after lunch.
228
00:11:00,360 --> 00:11:01,795
Your honor,
229
00:11:01,828 --> 00:11:03,730
I'd like to be heard
on my second motion.
230
00:11:03,764 --> 00:11:05,331
You've been read.
231
00:11:05,365 --> 00:11:06,833
The victim is 11.
232
00:11:06,867 --> 00:11:09,736
Forcing an 11-year-old
little girl to sit
233
00:11:09,770 --> 00:11:11,437
in the same room with
the man who raped her--
234
00:11:11,471 --> 00:11:13,740
That's his right.
Confrontation clause.
235
00:11:13,774 --> 00:11:15,809
Face-to-face confrontation
if she testifies.
236
00:11:15,842 --> 00:11:17,911
It doesn't need
to be in the courtroom.
237
00:11:17,944 --> 00:11:20,446
She could testify
closed-circuit.
238
00:11:20,480 --> 00:11:22,448
It's not done that way
in Massachusetts, your honor.
239
00:11:22,482 --> 00:11:24,751
-It could be.
-That's it, Ms. Gamble.
240
00:11:24,785 --> 00:11:26,186
You could save an 11-year-old
girl from needlessly suffering.
241
00:11:26,219 --> 00:11:28,288
That's enough!
The law is the law.
242
00:11:28,321 --> 00:11:29,823
Your motion is denied.
243
00:11:29,856 --> 00:11:31,892
This trial will start
in one hour.
244
00:11:31,925 --> 00:11:33,059
Get your witnesses.
245
00:11:48,041 --> 00:11:49,943
Why is he being
like that?
246
00:11:49,976 --> 00:11:52,378
Because he's a judge
who cares more about his docket
247
00:11:52,412 --> 00:11:55,048
than the emotions of an
11-year-old rape victim.
248
00:11:55,081 --> 00:11:56,783
So what now?
249
00:11:56,817 --> 00:11:59,219
Let's start the case,
see how it goes.
250
00:11:59,252 --> 00:12:01,221
Maybe I can
still get a plea.
251
00:12:01,254 --> 00:12:02,789
And if you can't?
252
00:12:05,526 --> 00:12:08,028
You gave me your word.
253
00:12:08,061 --> 00:12:11,965
Mr. McGowan,
let's just see how it goes.
254
00:12:29,415 --> 00:12:32,886
We found evidence
of vaginal penetration,
255
00:12:32,919 --> 00:12:34,521
lesions, and bruising.
256
00:12:34,555 --> 00:12:37,190
The hymen was broken.
257
00:12:37,223 --> 00:12:40,193
Doctor, were you able
to form a medical opinion
258
00:12:40,226 --> 00:12:41,461
as to what happened?
259
00:12:41,494 --> 00:12:43,530
Based on the examination,
260
00:12:43,564 --> 00:12:48,001
the injuries are consistent
with forcible penetration.
261
00:12:48,034 --> 00:12:49,936
Any evidence of semen?
262
00:12:49,970 --> 00:12:50,937
No.
263
00:12:50,971 --> 00:12:53,206
Any physical evidence,
264
00:12:53,239 --> 00:12:56,209
other than the injuries,
that suggests she was raped?
265
00:12:56,242 --> 00:12:57,811
No, but the injuries--
266
00:12:57,844 --> 00:12:58,945
Thank you, doctor.
267
00:12:58,979 --> 00:13:01,982
You've answered my questions.
268
00:13:07,588 --> 00:13:09,856
You're up next.
20 minutes.
269
00:13:09,890 --> 00:13:11,124
Oh, God.
270
00:13:11,157 --> 00:13:13,459
Just try to relax.
You say exactly what--
271
00:13:13,493 --> 00:13:17,130
Michelle, I smell beer.
272
00:13:17,163 --> 00:13:19,099
I had one. That's all.
273
00:13:19,132 --> 00:13:21,134
Oh, great.
274
00:13:21,167 --> 00:13:22,969
Ms. Gamble,
I was trembling.
275
00:13:23,003 --> 00:13:26,507
My hands were shaking.
Just to calm me. I'm fine.
276
00:13:26,540 --> 00:13:29,209
You need to be strong
up there.
277
00:13:29,242 --> 00:13:31,244
Okay.
278
00:13:31,277 --> 00:13:33,514
His lawyer is going
to come at you.
279
00:13:33,547 --> 00:13:35,315
Just remember,
280
00:13:35,348 --> 00:13:37,350
you're standing up there
for a young girl.
281
00:13:39,285 --> 00:13:41,588
You need to be
as strong as you can.
282
00:13:41,622 --> 00:13:45,626
Okay.
283
00:13:45,659 --> 00:13:47,360
BOBBY: I hate
to be plundering--
284
00:13:47,393 --> 00:13:49,129
Well, my wife's
been screaming at me
285
00:13:49,162 --> 00:13:50,496
to go on vacation
anyway.
286
00:13:50,531 --> 00:13:54,134
The files
are in good shape.
287
00:13:54,167 --> 00:13:56,970
Investigative reports--
you can use all my exhibits.
288
00:13:57,003 --> 00:14:00,073
I can have them
messengered over.
289
00:14:02,008 --> 00:14:04,611
What's the matter?
290
00:14:04,645 --> 00:14:07,280
Losing a high-profile case
a week before trial,
291
00:14:07,313 --> 00:14:09,916
one would think you'd be
a little more upset.
292
00:14:09,950 --> 00:14:12,352
There'll be
other cases, Bobby.
293
00:14:12,385 --> 00:14:15,522
He told you he did it.
294
00:14:15,556 --> 00:14:16,523
No, he didn't.
295
00:14:16,557 --> 00:14:19,025
-He did.
-Bobby--
296
00:14:19,059 --> 00:14:21,995
You can't put him on the stand
to say he didn't do it
297
00:14:22,028 --> 00:14:23,930
since you know the truth,
298
00:14:23,964 --> 00:14:26,933
so he needs a lawyer
who doesn't know the truth.
299
00:14:26,967 --> 00:14:29,369
That's what's going on here,
isn't it?
300
00:14:29,402 --> 00:14:31,104
-Bobby--
-You know too much.
301
00:14:31,137 --> 00:14:35,108
He has denied his guilt
at all times.
302
00:14:35,141 --> 00:14:38,444
Uh-huh.
303
00:14:38,478 --> 00:14:41,381
I looked out of my window
into the vacant lot
304
00:14:41,414 --> 00:14:44,651
and seen him on top of Amanda
with his pants down.
305
00:14:44,685 --> 00:14:47,320
She got away
and started to run,
306
00:14:47,353 --> 00:14:49,556
but he started
chasing her.
307
00:14:49,590 --> 00:14:51,925
HELEN: Who was the man?
308
00:14:51,958 --> 00:14:53,059
Him.
309
00:14:53,093 --> 00:14:55,395
Bruce Wilson.
310
00:14:55,428 --> 00:14:58,498
He lives in the Adams-Green
projects with us.
311
00:14:58,532 --> 00:15:01,067
He was running
after Amanda,
312
00:15:01,101 --> 00:15:04,671
and she was crying,
you know, "Leave me alone."
313
00:15:04,705 --> 00:15:06,540
What did you do?
314
00:15:06,573 --> 00:15:09,142
I ran down to help.
315
00:15:09,175 --> 00:15:11,411
I don't know her real well,
but I know her dad's crippled.
316
00:15:11,444 --> 00:15:15,081
I got downstairs,
Wilson was already gone.
317
00:15:15,115 --> 00:15:17,050
So I got Amanda
settled down.
318
00:15:17,083 --> 00:15:20,621
She was totally upset
and crying.
319
00:15:20,654 --> 00:15:24,958
Holding herself,
you know, down here.
320
00:15:24,991 --> 00:15:26,627
She said that--
321
00:15:26,660 --> 00:15:28,595
Objection-- hearsay.
322
00:15:28,629 --> 00:15:30,063
Excited utterance.
323
00:15:30,096 --> 00:15:31,698
Objection sustained.
324
00:15:31,732 --> 00:15:35,101
What did you do next?
325
00:15:35,135 --> 00:15:36,737
I took her to her dad,
326
00:15:36,770 --> 00:15:38,505
but he doesn't have a car,
so we took a bus
327
00:15:38,539 --> 00:15:40,373
to the emergency room
so she could see a doctor.
328
00:15:40,406 --> 00:15:44,545
And, Ms. Tritter,
had you been drinking that day?
329
00:15:44,578 --> 00:15:47,648
I drank two beers
that morning,
330
00:15:47,681 --> 00:15:49,550
but I wasn't drunk.
331
00:15:49,583 --> 00:15:52,285
I drink a lot.
332
00:15:52,318 --> 00:15:54,454
Two beers doesn't really
affect me that much.
333
00:15:54,487 --> 00:15:56,657
Are you sure
you saw what happened?
334
00:15:56,690 --> 00:15:59,259
Yes.
335
00:15:59,292 --> 00:16:02,062
You ran down when you saw
the girl being attacked?
336
00:16:02,095 --> 00:16:03,229
Yes.
337
00:16:03,263 --> 00:16:05,398
-Right away?
-That's right.
338
00:16:05,431 --> 00:16:08,368
So you saw the attacker
for what, half a second?
339
00:16:08,401 --> 00:16:11,237
No, I--
340
00:16:11,271 --> 00:16:12,573
A couple of seconds.
341
00:16:12,606 --> 00:16:14,374
I had to look
and figure out what was--
342
00:16:14,407 --> 00:16:17,143
You had to look
because the vacant lot--
343
00:16:17,177 --> 00:16:20,113
it's about 200 feet
from your house, right?
344
00:16:20,146 --> 00:16:22,215
I guess.
345
00:16:22,248 --> 00:16:23,584
And when you got there,
the man was gone?
346
00:16:23,617 --> 00:16:25,385
Yeah, he'd run away.
347
00:16:25,418 --> 00:16:26,653
From 200 feet,
348
00:16:26,687 --> 00:16:29,489
you watch for a whole
couple of seconds,
349
00:16:29,523 --> 00:16:32,659
but you're sure
that my client is the man?
350
00:16:32,693 --> 00:16:37,598
You're an alcoholic,
aren't you, Ms. Tritter?
351
00:16:37,631 --> 00:16:40,033
He did it.
352
00:16:40,066 --> 00:16:42,168
I saw him.
353
00:16:42,202 --> 00:16:45,471
You're an alcoholic,
aren't you, Ms. Tritter?
354
00:16:47,340 --> 00:16:49,610
Pretty much.
355
00:16:49,643 --> 00:16:51,778
Do you ever lie about
how much you've had to drink?
356
00:16:51,812 --> 00:16:53,680
Sometimes.
357
00:16:53,714 --> 00:16:56,349
Does your client ever lie
about raping children?
358
00:16:56,382 --> 00:16:58,785
-Move to strike.
-Sustained.
359
00:16:58,819 --> 00:17:01,622
You were drunk that day,
weren't you, Ms. Tritter?
360
00:17:01,655 --> 00:17:03,056
No.
361
00:17:03,089 --> 00:17:04,357
No? You have a car,
don't you?
362
00:17:04,390 --> 00:17:06,326
Yes.
363
00:17:06,359 --> 00:17:08,729
Didn't you tell
Mr. McGowan
364
00:17:08,762 --> 00:17:10,463
that you were
too drunk to drive?
365
00:17:10,496 --> 00:17:13,600
I didn't want to put
anybody at risk,
366
00:17:13,634 --> 00:17:15,502
but I saw what I saw.
367
00:17:15,536 --> 00:17:17,170
Had any alcohol today?
368
00:17:17,203 --> 00:17:20,173
One beer.
369
00:17:20,206 --> 00:17:21,808
Ever been convicted
of a crime?
370
00:17:21,842 --> 00:17:23,610
Once.
371
00:17:23,644 --> 00:17:24,711
What was the charge?
372
00:17:24,745 --> 00:17:26,747
Public drunkenness.
373
00:17:26,780 --> 00:17:29,816
You were found passed out
on a sidewalk.
374
00:17:29,850 --> 00:17:32,385
Am I correct?
375
00:17:32,418 --> 00:17:34,387
Yes.
376
00:17:47,133 --> 00:17:48,434
What have they told you?
377
00:17:48,468 --> 00:17:51,404
Just that I could have
some mysterious infection.
378
00:17:51,437 --> 00:17:53,439
Is he holding
anything back?
379
00:17:53,473 --> 00:17:56,476
He's an old friend, Eugene.
He's not going to lie to me.
380
00:17:56,510 --> 00:17:59,546
I might, if there was
money involved.
381
00:17:59,580 --> 00:18:01,548
-Benjamin Gideon.
-Eugene Young.
382
00:18:01,582 --> 00:18:02,749
Nice to meet you.
383
00:18:02,783 --> 00:18:04,217
All right,
cut the small talk.
384
00:18:04,250 --> 00:18:05,218
Just tell me.
385
00:18:05,251 --> 00:18:07,287
We still don't know.
386
00:18:07,320 --> 00:18:09,222
Did I tell you he was funny?
387
00:18:09,255 --> 00:18:12,225
The ultrasound is clean.
388
00:18:12,258 --> 00:18:14,160
No stones, ducts are clear.
389
00:18:14,194 --> 00:18:15,729
So, more tests?
390
00:18:15,762 --> 00:18:20,333
You might have something
called chorioamnionitis--
391
00:18:20,366 --> 00:18:22,836
an infection
of the amniotic fluid.
392
00:18:22,869 --> 00:18:24,671
I want to schedule
an amnio.
393
00:18:24,705 --> 00:18:27,407
Is it serious?
394
00:18:27,440 --> 00:18:29,409
Could be.
395
00:18:29,442 --> 00:18:32,613
Ben, just tell me, damn it.
Is it serious?
396
00:18:32,646 --> 00:18:35,549
Ellenor, I'm not hiding
anything from you.
397
00:18:35,582 --> 00:18:36,850
We just don't know.
398
00:18:43,924 --> 00:18:46,259
What was your relationship
with her?
399
00:18:46,292 --> 00:18:49,630
At first she hated me
because I wasn't her father.
400
00:18:49,663 --> 00:18:51,532
She called me "step-thing,"
401
00:18:51,565 --> 00:18:54,200
but then our relationship
improved.
402
00:18:54,234 --> 00:18:56,302
How old was she
when you two married?
403
00:18:56,336 --> 00:18:57,804
Thirteen.
404
00:18:57,838 --> 00:19:00,373
As I became
more of a father figure,
405
00:19:00,406 --> 00:19:02,643
we had run-ins
over discipline.
406
00:19:02,676 --> 00:19:06,580
It probably became a typical
father/daughter relationship.
407
00:19:06,613 --> 00:19:08,582
With the exception
that she claimed
408
00:19:08,615 --> 00:19:10,283
that you slept
with her.
409
00:19:10,316 --> 00:19:13,319
She had a history
of lying, Mr. Donnell.
410
00:19:13,353 --> 00:19:15,556
The more exotic,
the better.
411
00:19:15,589 --> 00:19:17,490
This one happened
to make her
412
00:19:17,524 --> 00:19:19,593
more interesting
to her friends.
413
00:19:19,626 --> 00:19:20,961
The bottom line is,
414
00:19:20,994 --> 00:19:22,863
there is just
no evidence of it
415
00:19:22,896 --> 00:19:25,566
other than Fiona going around
saying it happened.
416
00:19:25,599 --> 00:19:28,468
You said
she was getting counseling.
417
00:19:28,502 --> 00:19:29,603
Yes.
418
00:19:29,636 --> 00:19:31,705
Has anybody spoken
to this counselor?
419
00:19:31,738 --> 00:19:33,473
She told him
it happened.
420
00:19:33,507 --> 00:19:35,976
The prosecution plans
to call him as a witness.
421
00:19:36,009 --> 00:19:37,511
She lied to him, too.
422
00:19:37,544 --> 00:19:39,880
Okay.
423
00:19:39,913 --> 00:19:41,548
Tomorrow I'm going to bring
a motion in limine
424
00:19:41,582 --> 00:19:43,917
to suppress
your daughter's statements.
425
00:19:43,950 --> 00:19:44,918
If we win--
426
00:19:44,951 --> 00:19:46,753
-Can you?
-We have a shot.
427
00:19:46,787 --> 00:19:48,855
If we win, there's a chance
that the affair--
428
00:19:48,889 --> 00:19:51,291
The allegation
of that affair.
429
00:19:51,324 --> 00:19:53,927
Yes. There's a chance that
it'll never come into evidence.
430
00:19:53,960 --> 00:19:55,662
And if we lose?
431
00:19:55,696 --> 00:19:57,598
Our chances get worse.
432
00:19:59,900 --> 00:20:03,003
Now, I have to
ask one thing.
433
00:20:03,036 --> 00:20:06,840
I don't mean
to be offensive, but...
434
00:20:06,873 --> 00:20:10,844
What?
435
00:20:10,877 --> 00:20:15,381
Did the police ever
consider you a suspect?
436
00:20:23,957 --> 00:20:26,927
You're asking me
if I killed my own daughter.
437
00:20:26,960 --> 00:20:30,263
Since you had access to both
the victim and the weapon,
438
00:20:30,296 --> 00:20:32,465
I'm wondering
if the police ever asked.
439
00:20:32,498 --> 00:20:34,568
The night of the murder,
440
00:20:34,601 --> 00:20:38,404
I was at my daughter's school
at a board meeting.
441
00:20:38,438 --> 00:20:41,575
Now, whether or not
the police checked,
442
00:20:41,608 --> 00:20:43,644
you'll have to ask them.
443
00:20:53,520 --> 00:20:55,689
(door opens)
444
00:20:58,458 --> 00:21:00,627
Michelle.
445
00:21:05,532 --> 00:21:07,500
I'm sorry.
446
00:21:07,534 --> 00:21:09,670
Why?
447
00:21:09,703 --> 00:21:14,708
'Cause I'm a drunk...
448
00:21:14,741 --> 00:21:17,778
and I didn't do that girl
much good today.
449
00:21:17,811 --> 00:21:19,613
Yes, you did.
450
00:21:19,646 --> 00:21:21,281
No, I didn't.
451
00:21:22,649 --> 00:21:25,552
I saw the jury
looking at me.
452
00:21:25,586 --> 00:21:28,922
Michelle, you stuck
to what you saw,
453
00:21:28,955 --> 00:21:30,724
and you were
incredibly brave.
454
00:21:30,757 --> 00:21:33,827
Is Amanda going
to have to testify?
455
00:21:33,860 --> 00:21:37,463
I think
she may have to, yes.
456
00:21:37,497 --> 00:21:39,800
I'm so sorry.
457
00:21:49,576 --> 00:21:51,945
I can just feel it,
Lindsay. She did it.
458
00:21:51,978 --> 00:21:54,515
What's her motive
to kill her own daughter?
459
00:21:54,548 --> 00:21:56,116
I don't know yet.
Insurance,
460
00:21:56,149 --> 00:21:58,619
frame her husband,
I don't know. I'll find out.
461
00:21:58,652 --> 00:22:00,887
Bobby, don't you have
a slight conflict here?
462
00:22:00,921 --> 00:22:02,488
She's the one
who hired you.
463
00:22:02,523 --> 00:22:03,624
To defend him.
464
00:22:03,657 --> 00:22:05,391
He's the client,
not her.
465
00:22:05,425 --> 00:22:07,794
I'm not so sure.
466
00:22:07,828 --> 00:22:09,530
They both seem
to be the clients.
467
00:22:09,563 --> 00:22:10,764
If you're going
to undermine her,
468
00:22:10,797 --> 00:22:12,365
maybe you should get
outside ethics counsel
469
00:22:12,398 --> 00:22:13,700
to tell you what to do.
470
00:22:16,436 --> 00:22:19,940
HELEN: How does it feel?
471
00:22:19,973 --> 00:22:23,109
This is where you'll sit.
472
00:22:23,143 --> 00:22:26,479
Where's my dad
going to be?
473
00:22:26,513 --> 00:22:28,682
Right over here
the whole time.
474
00:22:28,715 --> 00:22:30,851
And I'll be here, too,
Amanda.
475
00:22:30,884 --> 00:22:33,854
I'm just going to ask you
a few easy questions
476
00:22:33,887 --> 00:22:36,790
just so you can get used to
talking up there, okay?
477
00:22:36,823 --> 00:22:39,492
Where is he going to be?
478
00:22:39,526 --> 00:22:40,493
Your father?
479
00:22:40,527 --> 00:22:42,696
No, no, him.
480
00:22:42,729 --> 00:22:46,499
I can't answer that.
I'm not allowed to.
481
00:22:46,533 --> 00:22:48,602
But he'll be
in the courtroom,
482
00:22:48,635 --> 00:22:50,771
and you never
have to look at him
483
00:22:50,804 --> 00:22:53,173
except when I ask you
to point to him.
484
00:22:53,206 --> 00:22:54,440
Can you do that?
485
00:23:02,916 --> 00:23:05,485
I can still call it off.
486
00:23:08,021 --> 00:23:09,690
Look, I won't lie.
487
00:23:09,723 --> 00:23:12,559
I think the guy
will do it again.
488
00:23:12,593 --> 00:23:15,095
I want him
off the streets.
489
00:23:15,128 --> 00:23:17,097
But, doctor,
if you're telling me
490
00:23:17,130 --> 00:23:18,732
it would be too detrimental
to Amanda--
491
00:23:18,765 --> 00:23:20,433
I think it's too soon.
492
00:23:20,466 --> 00:23:23,537
The thing is,
I can't afford to move.
493
00:23:23,570 --> 00:23:26,907
If he's not convicted,
he's back in the projects.
494
00:23:26,940 --> 00:23:30,110
He's back in our building.
495
00:23:30,143 --> 00:23:33,179
Doctor?
496
00:23:33,213 --> 00:23:35,849
I'm worried
about the trauma,
497
00:23:35,882 --> 00:23:39,853
but I'm also concerned
of the lasting effects--
498
00:23:39,886 --> 00:23:42,488
her feeling responsible
for his freedom
499
00:23:42,523 --> 00:23:45,125
should he rape again.
500
00:23:45,158 --> 00:23:48,128
I want to put her on.
501
00:23:49,796 --> 00:23:51,497
You have my word--
502
00:23:51,532 --> 00:23:55,168
if it gets too rough, I will
call this whole thing off.
503
00:24:00,941 --> 00:24:02,909
The statements
are all hearsay.
504
00:24:02,943 --> 00:24:05,646
The prosecution is trying
to introduce them as proof.
505
00:24:05,679 --> 00:24:07,080
I maintain
these would be exceptions
506
00:24:07,113 --> 00:24:09,215
-to the hearsay rule--
-How?
507
00:24:09,249 --> 00:24:11,652
If counsel took the time
to read our memorandum--
508
00:24:11,685 --> 00:24:13,186
I read it twice,
your honor.
509
00:24:13,219 --> 00:24:16,156
The victim boasted of this
affair with the defendant.
510
00:24:16,189 --> 00:24:18,725
There's no bragging exception
to the hearsay rule.
511
00:24:18,759 --> 00:24:20,260
HILLER: Hold on.
512
00:24:20,293 --> 00:24:22,262
Am I to understand
that the evidence
513
00:24:22,295 --> 00:24:24,798
of an affair between
the victim and the defendant--
514
00:24:24,831 --> 00:24:27,200
you have nothing independent
of the girl's claims?
515
00:24:27,233 --> 00:24:29,002
That's correct,
but if you look
516
00:24:29,035 --> 00:24:31,171
at the affidavit
from Fiona's therapist,
517
00:24:31,204 --> 00:24:33,273
you will see that
she was quite upset
518
00:24:33,306 --> 00:24:35,208
when she told him
of the affair.
519
00:24:35,241 --> 00:24:37,277
That would qualify
these statements
520
00:24:37,310 --> 00:24:40,080
as excited utterances,
and therefore exempt them--
521
00:24:40,113 --> 00:24:42,949
The affidavit says
the victim was emotional.
522
00:24:42,983 --> 00:24:44,651
It never says "excited."
523
00:24:44,685 --> 00:24:48,021
Who did the victim
make these claims to?
524
00:24:48,054 --> 00:24:50,123
To her sister,
several friends,
525
00:24:50,156 --> 00:24:51,758
and her therapist.
526
00:24:51,792 --> 00:24:54,761
And when she told
her sister and her friends,
527
00:24:54,795 --> 00:24:56,597
what was the tenor of it?
528
00:24:56,630 --> 00:25:00,701
She was essentially
boasting about it, yes.
529
00:25:02,636 --> 00:25:04,605
We drew a good judge
in Hiller.
530
00:25:04,638 --> 00:25:06,773
She goes by the law,
which gives us a shot,
531
00:25:06,807 --> 00:25:08,709
and she shouldn't
take long to rule.
532
00:25:08,742 --> 00:25:10,210
It is hearsay, right?
533
00:25:10,243 --> 00:25:11,778
Yes, but many times,
534
00:25:11,812 --> 00:25:13,680
judges find a way
to let this stuff in.
535
00:25:13,714 --> 00:25:15,616
In any event,
we have to prepare.
536
00:25:15,649 --> 00:25:17,217
Jenny, I'd like to talk
to you about your sister.
537
00:25:17,250 --> 00:25:19,720
-Can I do that?
-Okay.
538
00:25:19,753 --> 00:25:21,087
And I have some more things
to go over with you.
539
00:25:21,121 --> 00:25:22,589
Can you come by
after lunch?
540
00:25:22,623 --> 00:25:23,757
We'll be there.
541
00:25:23,790 --> 00:25:27,227
Come on.
Let's go see Daddy.
542
00:25:27,260 --> 00:25:29,863
Bobby...
543
00:25:29,896 --> 00:25:31,832
I just talked to Bec.
544
00:25:31,865 --> 00:25:34,568
According to the probate,
when Fiona died,
545
00:25:34,601 --> 00:25:37,203
Kate Littlefield became
the sole beneficiary
546
00:25:37,237 --> 00:25:39,205
of a $2 million
family trust.
547
00:25:39,239 --> 00:25:42,175
Gee, what a shock.
548
00:25:42,208 --> 00:25:44,110
Bobby,
if she's our target--
549
00:25:44,144 --> 00:25:46,947
she did sign
the retainer agreement.
550
00:25:46,980 --> 00:25:48,949
Technically, I think,
she is a client.
551
00:25:48,982 --> 00:25:50,951
We got to protect ourselves.
552
00:25:53,987 --> 00:25:56,122
Okay.
553
00:25:59,159 --> 00:26:02,095
We're ready.
554
00:26:02,128 --> 00:26:04,698
You can walk in
with me, Amanda.
555
00:26:04,731 --> 00:26:07,200
I'll hold your hand.
556
00:26:07,233 --> 00:26:10,604
Amanda?
557
00:26:13,907 --> 00:26:17,310
You just look at me
or the floor, nowhere else.
558
00:26:17,343 --> 00:26:21,214
Nobody's going to
hurt you in there.
559
00:26:21,247 --> 00:26:22,616
Let's go.
560
00:27:00,053 --> 00:27:02,122
Amanda?
561
00:27:05,125 --> 00:27:09,029
Ms. Gamble, are you
calling this witness?
562
00:27:12,799 --> 00:27:17,203
Amanda, you need to come up
to the witness chair.
563
00:27:21,875 --> 00:27:23,844
JUDGE BETTS: Ms. Gamble?
564
00:27:23,877 --> 00:27:26,079
HELEN: Amanda.
565
00:27:28,715 --> 00:27:31,818
JUDGE BETTS: Ms. Gamble?
566
00:27:33,887 --> 00:27:36,022
Your honor...
567
00:27:36,056 --> 00:27:38,959
the commonwealth rests.
568
00:27:38,992 --> 00:27:41,127
-Your honor--
-You're not calling
this witness?
569
00:27:41,161 --> 00:27:43,063
-No, your honor.
-Sidebar, your honor.
570
00:27:43,096 --> 00:27:44,698
Chambers.
571
00:27:44,731 --> 00:27:47,701
I should be allowed
to cross-examine.
572
00:27:47,734 --> 00:27:49,135
I did not call her.
573
00:27:49,169 --> 00:27:51,304
She just gave testimony
in that room.
574
00:27:51,337 --> 00:27:52,472
She did no such thing.
575
00:27:52,506 --> 00:27:53,874
She made an identification,
576
00:27:53,907 --> 00:27:54,975
and you know it, Helen.
577
00:27:55,008 --> 00:27:56,710
She looked at him,
stared.
578
00:27:56,743 --> 00:27:59,212
She did not take the stand.
I didn't call her.
579
00:27:59,245 --> 00:28:00,280
She needs an identification,
580
00:28:00,313 --> 00:28:01,715
so she waltzes
that girl in there
581
00:28:01,748 --> 00:28:03,784
to stare at my client
without being sworn.
582
00:28:03,817 --> 00:28:05,051
I didn't plan what was
going to happen--
583
00:28:05,085 --> 00:28:06,920
Oh, please.
584
00:28:06,953 --> 00:28:08,354
This cannot go to the jury.
I want a mistrial.
585
00:28:08,388 --> 00:28:10,356
Oh, right, then you'll argue
jeopardy has attached
586
00:28:10,390 --> 00:28:12,292
because we caused
a mistrial.
587
00:28:12,325 --> 00:28:14,828
What, so he can walk free
to rape another sixth grader?
588
00:28:14,861 --> 00:28:17,430
You don't want to be
responsible for that.
589
00:28:17,463 --> 00:28:19,499
Is that what this is,
Ms. Gamble?
590
00:28:19,533 --> 00:28:22,903
You couldn't make the case,
so you want me to take the heat
591
00:28:22,936 --> 00:28:25,071
for letting him
back on the streets?
592
00:28:25,105 --> 00:28:26,907
I'm not trying
to do that.
593
00:28:26,940 --> 00:28:29,175
If what just happened
in there was planned,
594
00:28:29,209 --> 00:28:31,778
then he's right--
you are totally unethical.
595
00:28:31,812 --> 00:28:34,247
And if you were surprised,
you are grossly incompetent,
596
00:28:34,280 --> 00:28:37,183
even for a government
lawyer.
597
00:28:37,217 --> 00:28:42,055
Either way, you're the one
to blame for a mistrial here.
598
00:28:42,088 --> 00:28:44,525
You, not me.
599
00:28:44,558 --> 00:28:47,093
We pushed that little girl
before she was ready.
600
00:28:47,127 --> 00:28:48,529
You, especially,
your honor.
601
00:28:48,562 --> 00:28:49,830
This is what happens.
602
00:28:49,863 --> 00:28:53,233
I say what happens here,
not you.
603
00:28:53,266 --> 00:28:54,801
Now get out.
604
00:29:04,511 --> 00:29:07,447
Did you believe
your sister at all?
605
00:29:07,480 --> 00:29:10,083
No. She liked
to shock people,
606
00:29:10,116 --> 00:29:12,218
and this had
a great shock value,
607
00:29:12,252 --> 00:29:14,454
sleeping with
her stepfather.
608
00:29:14,487 --> 00:29:17,223
All attention
would just turn to her.
609
00:29:17,257 --> 00:29:18,925
And you told this
to the police?
610
00:29:18,959 --> 00:29:20,961
Yes.
611
00:29:20,994 --> 00:29:23,564
Okay, your dad--
does he have a temper?
612
00:29:23,597 --> 00:29:24,565
Not really.
613
00:29:24,598 --> 00:29:26,299
I mean, he can get mad,
614
00:29:26,332 --> 00:29:29,369
but if you're asking
if he could have done this,
615
00:29:29,402 --> 00:29:31,938
the answer is no way.
616
00:29:31,972 --> 00:29:34,107
Okay, I have to ask.
617
00:29:34,140 --> 00:29:37,043
What about your mother?
618
00:29:37,077 --> 00:29:39,412
What about her?
619
00:29:39,445 --> 00:29:41,848
She had access
620
00:29:41,882 --> 00:29:44,217
to the victim
and the murder weapon.
621
00:29:44,250 --> 00:29:47,320
What was your mother's
relationship with Fiona?
622
00:29:47,353 --> 00:29:49,222
It was fine.
623
00:29:49,255 --> 00:29:53,159
Could you conceive of her
wanting to harm your sister?
624
00:29:53,193 --> 00:29:56,897
No.
625
00:29:59,365 --> 00:30:01,602
For me to help your dad,
626
00:30:01,635 --> 00:30:05,506
is there anything
you're not telling me?
627
00:30:05,539 --> 00:30:11,069
My mother loved my sister.
She would never hurt her.
628
00:30:19,152 --> 00:30:21,588
Ladies and gentlemen
of the jury,
629
00:30:21,622 --> 00:30:23,489
Ms. Gamble's bringing
a witness into this room,
630
00:30:23,524 --> 00:30:26,459
then changing her mind
and deciding not to call her
631
00:30:26,492 --> 00:30:29,863
was one of the sorriest,
most reprehensible things
632
00:30:29,896 --> 00:30:32,465
I have ever seen on the bench.
633
00:30:32,498 --> 00:30:36,937
Ms. Gamble's arrogance
and stupidity
634
00:30:36,970 --> 00:30:40,040
should have been apparent to
everyone in this courtroom.
635
00:30:40,073 --> 00:30:45,378
Now, the defendant has moved
for a mistrial.
636
00:30:47,914 --> 00:30:50,884
That motion is denied.
637
00:30:50,917 --> 00:30:53,486
You are, however,
to give no consideration
638
00:30:53,520 --> 00:30:56,957
to the victim's behavior
in this room,
639
00:30:56,990 --> 00:31:01,161
not even her presence--
none.
640
00:31:01,194 --> 00:31:06,432
The evidence before you is only
the testimony of Ms. Tritter
641
00:31:06,466 --> 00:31:10,170
and the testimony
of Dr. Inwood--
642
00:31:10,203 --> 00:31:11,605
nothing else.
643
00:31:11,638 --> 00:31:14,541
We'll adjourn for 20 minutes,
644
00:31:14,575 --> 00:31:17,210
then, Mr. Pashman,
you'll begin your closing.
645
00:31:21,682 --> 00:31:23,349
There's no conflict
per se.
646
00:31:23,383 --> 00:31:24,918
Who you think did it
doesn't matter.
647
00:31:24,951 --> 00:31:26,386
You're simply trying
to establish
648
00:31:26,419 --> 00:31:27,988
that Raymond Littlefield
didn't.
649
00:31:28,021 --> 00:31:30,924
Rebecca, you know what
we're talking about.
650
00:31:30,957 --> 00:31:32,593
We might plan B the wife.
651
00:31:32,626 --> 00:31:36,062
She hired us, and I'm thinking
she's a client.
652
00:31:36,096 --> 00:31:38,364
And are you
going to do that?
653
00:31:38,398 --> 00:31:40,500
We don't know,
but it's an option. Can we?
654
00:31:40,534 --> 00:31:42,435
Well, here's where
it gets murky.
655
00:31:42,468 --> 00:31:44,505
If you tip her off that
you plan to go after her,
656
00:31:44,538 --> 00:31:46,540
then it undermines
the interest of Raymond.
657
00:31:46,573 --> 00:31:48,975
We know it's murky.
I want the answer.
658
00:31:49,009 --> 00:31:51,144
Don't snap at me.
I just got out of a coma.
659
00:31:51,177 --> 00:31:53,046
Look, we need
independent counsel
660
00:31:53,079 --> 00:31:54,548
to give us an opinion.
661
00:31:54,581 --> 00:31:57,150
In the meantime, if we win
on this hearsay issue,
662
00:31:57,183 --> 00:31:59,119
we won't need
to plan B anybody.
663
00:31:59,152 --> 00:32:00,687
So let's see
how that goes.
664
00:32:00,721 --> 00:32:02,422
What about Raymond's mistress?
665
00:32:02,455 --> 00:32:04,457
I'm meeting
with her today.
666
00:32:06,727 --> 00:32:08,428
BOBBY: How's she doing?
667
00:32:08,461 --> 00:32:10,496
Okay. She feels pretty good.
668
00:32:10,531 --> 00:32:12,332
What about emotionally?
How's she holding up?
669
00:32:12,365 --> 00:32:16,436
She's scared.
670
00:32:19,506 --> 00:32:22,743
All they have to identify
my client--
671
00:32:22,776 --> 00:32:27,313
all they have is the testimony
of an admitted alcoholic
672
00:32:27,347 --> 00:32:30,216
who says she saw it
for a couple of seconds
673
00:32:30,250 --> 00:32:33,520
from 200 feet away
while she was drinking.
674
00:32:33,554 --> 00:32:36,623
That's it.
675
00:32:36,657 --> 00:32:40,093
A two-second I.D.
from 200 feet away
676
00:32:40,126 --> 00:32:42,395
from a woman who was too drunk
to even drive at the time.
677
00:32:42,428 --> 00:32:46,166
Was there any physical evidence
linking this crime to my client?
678
00:32:46,199 --> 00:32:47,601
No.
679
00:32:47,634 --> 00:32:49,503
Any DNA? No.
680
00:32:49,536 --> 00:32:53,339
A hair? A fiber?
681
00:32:53,373 --> 00:32:55,341
Secretion of oil from a hand?
682
00:32:55,375 --> 00:32:58,579
A fingerprint? Nothing.
683
00:32:58,612 --> 00:33:02,783
The say-so of a drunk
at 200 feet--
684
00:33:02,816 --> 00:33:06,452
that's the prosecution's
entire case.
685
00:33:06,486 --> 00:33:11,091
Beyond reasonable doubt.
686
00:33:13,560 --> 00:33:18,098
Sometimes the strength
of a prosecution's case
687
00:33:18,131 --> 00:33:21,467
can't equal
the horror of a crime.
688
00:33:21,501 --> 00:33:24,337
An 11-year-old girl was raped.
689
00:33:24,370 --> 00:33:27,173
It would be nice to have DNA.
690
00:33:27,207 --> 00:33:28,609
Eleven years old.
691
00:33:28,642 --> 00:33:30,611
With the idea that a rapist
692
00:33:30,644 --> 00:33:33,747
could be put back out there
to rape more children,
693
00:33:33,780 --> 00:33:37,217
I'd love to have
more eyewitnesses than I do,
694
00:33:37,250 --> 00:33:39,385
but as it is often the case,
695
00:33:39,419 --> 00:33:42,488
when rapists abduct
11-year-old little girls
696
00:33:42,523 --> 00:33:44,625
and drag them off to rape them,
697
00:33:44,658 --> 00:33:46,627
they look for secluded areas
698
00:33:46,660 --> 00:33:49,630
where there's less chance
of being seen,
699
00:33:49,663 --> 00:33:52,432
and most rapists--
they're not seen.
700
00:33:52,465 --> 00:33:54,400
But this rapist was seen.
701
00:33:54,434 --> 00:33:58,204
Michelle Tritter told you
exactly what she saw,
702
00:33:58,238 --> 00:34:01,675
and her testimony
is uncontroverted.
703
00:34:01,708 --> 00:34:04,778
She bravely got up there
704
00:34:04,811 --> 00:34:07,581
under attack,
being called a drunk,
705
00:34:07,614 --> 00:34:11,585
and she bravely told you
what she saw.
706
00:34:11,618 --> 00:34:17,524
Now, the defense talked about
all the evidence we don't have.
707
00:34:17,558 --> 00:34:20,226
Why is that?
708
00:34:20,260 --> 00:34:22,763
It's because they know
what we do have--
709
00:34:22,796 --> 00:34:25,799
the medical evidence,
the eyewitness' evidence
710
00:34:25,832 --> 00:34:29,670
is more than enough
to convict.
711
00:34:29,703 --> 00:34:32,606
Ms. Tritter's not perfect.
712
00:34:32,639 --> 00:34:35,241
No eyewitness ever is.
713
00:34:35,275 --> 00:34:37,711
But if you believe her,
714
00:34:37,744 --> 00:34:41,782
then you know
what happened here.
715
00:34:41,815 --> 00:34:44,184
Bruce Wilson was doing
716
00:34:44,217 --> 00:34:48,421
exactly what Michelle Tritter
saw him doing.
717
00:34:48,454 --> 00:34:50,624
He was raping Amanda McGowan.
718
00:34:50,657 --> 00:34:52,425
Eleven years old.
719
00:34:52,458 --> 00:34:55,295
It's not a question of whether
we've proved it
720
00:34:55,328 --> 00:34:56,730
beyond reasonable doubt.
721
00:34:56,763 --> 00:35:02,468
We have proved it
beyond any doubt.
722
00:35:02,503 --> 00:35:05,706
The day his daughter was raped,
723
00:35:05,739 --> 00:35:07,307
Howard McGowan asked me
724
00:35:07,340 --> 00:35:10,577
if I would get the man
who did this.
725
00:35:10,611 --> 00:35:15,582
I told him
I couldn't really do that...
726
00:35:15,616 --> 00:35:18,418
but you can.
727
00:35:23,489 --> 00:35:25,759
Do you realize
my little girl
728
00:35:25,792 --> 00:35:27,327
is already bigger
than this guy?
729
00:35:27,360 --> 00:35:29,329
Then I'd go
straight C-section,
730
00:35:29,362 --> 00:35:31,331
that's all I can say.
731
00:35:31,364 --> 00:35:33,767
Oh, I'll take her
any way she comes.
732
00:35:33,800 --> 00:35:34,768
(baby coos)
733
00:35:34,801 --> 00:35:35,769
Yeah.
734
00:35:35,802 --> 00:35:37,337
(knock on door)
735
00:35:37,370 --> 00:35:39,840
I'll take him. Hey.
736
00:35:39,873 --> 00:35:42,208
She can stay.
Just tell me.
737
00:35:42,242 --> 00:35:44,578
Um, you really want
to know?
738
00:35:44,611 --> 00:35:46,580
You really want to live?
Tell me.
739
00:35:46,613 --> 00:35:50,250
Lab results are normal,
including the repeat CBC.
740
00:35:50,283 --> 00:35:51,451
Meaning?
741
00:35:51,484 --> 00:35:52,953
Meaning we need the bed,
742
00:35:52,986 --> 00:35:55,722
and you're starting
to bug me, so go home.
743
00:35:55,756 --> 00:35:57,824
-ELLENOR: Really?
-I'll give you the steroids
to take home.
744
00:35:57,858 --> 00:35:58,959
You can start tomorrow.
745
00:35:58,992 --> 00:36:01,261
I'm okay?
The baby's okay?
746
00:36:01,294 --> 00:36:03,830
Crisis averted.
747
00:36:03,864 --> 00:36:05,799
Oh, my God.
748
00:36:14,741 --> 00:36:16,577
BAILIFF: Be seated.
749
00:36:18,845 --> 00:36:21,915
I have reviewed
the prosecution's proffer,
750
00:36:21,948 --> 00:36:25,919
as well as the declaration
of the victim's therapist.
751
00:36:25,952 --> 00:36:28,855
The right to confront
one's accuser,
752
00:36:28,889 --> 00:36:32,859
the right to cross-examine
prosecutorial witnesses--
753
00:36:32,893 --> 00:36:37,964
these are fundamental principles
to our criminal justice system.
754
00:36:37,998 --> 00:36:39,833
The statements
made by the victim
755
00:36:39,866 --> 00:36:42,836
that she was having an affair
with the defendant--
756
00:36:42,869 --> 00:36:46,507
these are
out-of-court declarations,
757
00:36:46,540 --> 00:36:50,977
being offered for the truth
of those declarations.
758
00:36:51,011 --> 00:36:53,379
They constitute hearsay.
759
00:36:56,349 --> 00:36:57,784
They are inadmissible,
760
00:36:57,818 --> 00:37:00,987
and they will not be entered
into evidence
761
00:37:01,021 --> 00:37:03,624
for the purpose
of this proceeding.
762
00:37:03,657 --> 00:37:06,326
-We are adjourned.
-(gavel pounds)
763
00:37:06,359 --> 00:37:08,729
Well, congratulations.
764
00:37:08,762 --> 00:37:11,397
You now have
an excellent chance at freedom.
765
00:37:11,431 --> 00:37:12,999
What happens now?
766
00:37:13,033 --> 00:37:14,735
I expect the D. A. Will be
calling me to strike a deal.
767
00:37:14,768 --> 00:37:16,002
All they have now
for evidence
768
00:37:16,036 --> 00:37:18,672
is the victim's blood
on your golf club,
769
00:37:18,705 --> 00:37:20,774
and they can't make
reasonable doubt on that.
770
00:37:29,415 --> 00:37:32,886
Are you accusing me
of murder, Mr. Berluti?
771
00:37:32,919 --> 00:37:34,655
I'm doing no such thing.
772
00:37:34,688 --> 00:37:37,390
I'm just interviewing everybody
who could conceivably have
773
00:37:37,423 --> 00:37:39,459
a grudge against
Raymond Littlefield.
774
00:37:39,492 --> 00:37:41,361
You two were lovers.
775
00:37:41,394 --> 00:37:43,296
You broke up
three months before--
776
00:37:43,329 --> 00:37:45,666
If I were going to
kill somebody out of anger,
777
00:37:45,699 --> 00:37:47,467
wouldn't I have
chosen him?
778
00:37:47,500 --> 00:37:49,736
I'm not saying you
killed anybody. I'm just--
779
00:37:49,770 --> 00:37:53,006
You're looking for somebody
to point the finger at
780
00:37:53,039 --> 00:37:54,841
to create reasonable doubt.
781
00:37:54,875 --> 00:37:56,777
I'm a lawyer myself,
Mr. Berluti,
782
00:37:56,810 --> 00:37:58,478
and I'm more than familiar
783
00:37:58,512 --> 00:38:00,714
with the tactics employed
by your firm.
784
00:38:00,747 --> 00:38:02,883
You rise only slightly above
the kind of person
785
00:38:02,916 --> 00:38:05,485
who would kill a young girl
with a golf club.
786
00:38:05,519 --> 00:38:06,987
I don't appreciate that.
787
00:38:07,020 --> 00:38:10,824
And I don't appreciate being
set up as a plan B victim.
788
00:38:13,660 --> 00:38:15,862
Okay.
789
00:38:15,896 --> 00:38:18,765
As somebody who knows
Mr. Littlefield,
790
00:38:18,799 --> 00:38:21,067
do you think he's capable
of committing this crime?
791
00:38:21,101 --> 00:38:25,572
I think anybody's capable of
swinging a golf club
792
00:38:25,606 --> 00:38:27,608
in a fit of rage.
793
00:38:27,641 --> 00:38:29,510
Do I think he did?
794
00:38:29,543 --> 00:38:30,944
No.
795
00:38:30,977 --> 00:38:33,113
Who's your suspect, then?
796
00:38:33,146 --> 00:38:34,848
Have you looked
at his wife?
797
00:38:34,881 --> 00:38:38,752
You think she would kill
her own daughter?
798
00:38:38,785 --> 00:38:42,956
I think anybody's capable
of swinging a golf club
799
00:38:42,989 --> 00:38:44,825
in a fit of rage.
800
00:38:44,858 --> 00:38:47,561
Why did you
and Mr. Littlefield
801
00:38:47,594 --> 00:38:48,929
end your affair?
802
00:38:48,962 --> 00:38:52,032
His wife found out
about it.
803
00:39:11,885 --> 00:39:13,787
The defendant
will please rise.
804
00:39:17,691 --> 00:39:19,025
Mr. Foreman,
805
00:39:19,059 --> 00:39:23,496
the jury has reached
a unanimous verdict?
806
00:39:23,530 --> 00:39:25,866
We have, your honor.
807
00:39:25,899 --> 00:39:27,534
What say you?
808
00:39:27,568 --> 00:39:29,536
Commonwealth vs. Bruce Wilson
809
00:39:29,570 --> 00:39:32,438
on the count of rape
of a child under 12.
810
00:39:32,472 --> 00:39:34,908
We find the defendant
Bruce Wilson...
811
00:39:37,477 --> 00:39:38,645
guilty.
812
00:39:40,681 --> 00:39:42,916
JUDGE: Members of the jury,
this completes your service.
813
00:39:42,949 --> 00:39:45,085
You're dismissed
with the thanks of the court.
814
00:39:45,118 --> 00:39:47,654
Security, please take
the defendant into custody.
815
00:39:47,688 --> 00:39:50,657
We'll see you on March the 20th
for sentencing,
816
00:39:50,691 --> 00:39:53,026
and we're adjourned.
817
00:40:01,568 --> 00:40:03,937
We'll need
a victim impact statement
818
00:40:03,970 --> 00:40:06,006
from you and Amanda.
819
00:40:06,039 --> 00:40:09,943
Ms. Gamble...
820
00:40:09,976 --> 00:40:12,846
Go see your daughter.
821
00:40:19,152 --> 00:40:21,588
(sighs)
822
00:40:24,725 --> 00:40:27,027
(knock on door)
823
00:40:27,060 --> 00:40:30,230
You look ready to dance.
824
00:40:30,263 --> 00:40:35,902
Actually, I am,
as blown away as I feel.
825
00:40:38,939 --> 00:40:40,473
What's up?
826
00:40:40,507 --> 00:40:42,475
Well, when I called you,
827
00:40:42,509 --> 00:40:45,145
I was prepared
to offer manslaughter.
828
00:40:45,178 --> 00:40:46,747
Then...
829
00:40:46,780 --> 00:40:48,014
What?
830
00:40:48,048 --> 00:40:51,652
DNA analysis
came up from Baltimore.
831
00:40:51,685 --> 00:40:53,620
There was some
contaminated blood
832
00:40:53,654 --> 00:40:56,557
on the victim
near the vagina.
833
00:40:56,590 --> 00:40:59,660
We've identified
the contaminant.
834
00:40:59,693 --> 00:41:01,762
It was a trace of semen.
835
00:41:01,795 --> 00:41:05,031
It genetically matches
your client.
836
00:41:11,705 --> 00:41:13,674
We're as shocked
as you.
837
00:41:13,707 --> 00:41:16,042
If you need more time
to prepare,
838
00:41:16,076 --> 00:41:18,712
we'll of course agree
to a continuance.
839
00:41:24,217 --> 00:41:25,686
Don't lie to me.
840
00:41:25,719 --> 00:41:27,854
It can't be right.
841
00:41:27,888 --> 00:41:30,023
It's pretty much a scientific
certainty, Raymond.
842
00:41:30,056 --> 00:41:31,792
They will now be able
to prove
843
00:41:31,825 --> 00:41:34,194
you were there
and you had sex with her.
844
00:41:34,227 --> 00:41:36,229
The game is over, Raymond.
845
00:41:36,262 --> 00:41:38,699
If I have any chance--
any chance at all
846
00:41:38,732 --> 00:41:40,867
of saving you
from a life sentence,
847
00:41:40,901 --> 00:41:43,169
you have to tell me
how that semen got there.
848
00:41:43,203 --> 00:41:44,671
I didn't kill her.
849
00:41:44,705 --> 00:41:46,239
How did that semen
get there, Raymond?
850
00:41:46,272 --> 00:41:47,808
(exhales)
851
00:41:52,312 --> 00:41:55,582
Aside from being sick,
852
00:41:55,616 --> 00:41:57,851
you're screwed.
853
00:42:00,220 --> 00:42:03,890
I didn't kill her,
Mr. Donnell.
854
00:42:05,759 --> 00:42:10,731
Whatever else might have
happened between us,
855
00:42:10,764 --> 00:42:12,533
I did not kill her.
856
00:42:21,942 --> 00:42:24,144
Oh, my God!
857
00:42:24,177 --> 00:42:26,279
And it took them till now
to identify it?
858
00:42:26,312 --> 00:42:27,848
Evidently,
it was contaminated.
859
00:42:27,881 --> 00:42:30,316
Now they're sure
it's his semen.
860
00:42:30,350 --> 00:42:32,052
Unbelievable.
861
00:42:32,085 --> 00:42:33,654
How old was
the stepdaughter?
862
00:42:33,687 --> 00:42:34,788
Sixteen.
863
00:42:34,821 --> 00:42:35,956
What a pig.
864
00:42:35,989 --> 00:42:37,924
Are you ready
for your soup?
865
00:42:37,958 --> 00:42:39,292
You have to eat now.
866
00:42:39,325 --> 00:42:41,695
Yes, but I have to go
to the bathroom first,
867
00:42:41,728 --> 00:42:42,929
and it needs more salt.
868
00:42:42,963 --> 00:42:44,330
How do you know?
869
00:42:44,364 --> 00:42:46,933
Because your soup
always does.
870
00:42:46,967 --> 00:42:49,302
And who makes soup
for breakfast, anyway?
871
00:42:49,335 --> 00:42:51,705
Get your own nurse,
one who can fry an egg.
872
00:42:51,738 --> 00:42:52,973
I can scramble eggs.
873
00:42:53,006 --> 00:42:54,808
Fantastic.
His own stepdaughter--
874
00:42:54,841 --> 00:42:56,342
You know, kids just aren't
innocent anymore, Jimmy.
875
00:42:56,376 --> 00:42:57,778
These days,
it's all about--
876
00:42:57,811 --> 00:42:58,812
(crash)
877
00:42:58,845 --> 00:42:59,946
Ellenor!
878
00:42:59,980 --> 00:43:04,718
Ellenor! Ellenor!
Oh, God. Ellenor.
879
00:43:04,751 --> 00:43:07,220
Ellenor? Oh, jeez.
880
00:43:07,253 --> 00:43:08,722
Oh. Oh, Ellenor.
881
00:43:08,755 --> 00:43:10,691
Yes, it's an emergency.
882
00:43:10,724 --> 00:43:13,093
We got a woman,
eight months pregnant,
883
00:43:13,126 --> 00:43:14,995
unconscious.
884
00:43:15,028 --> 00:43:16,897
-Is she breathing?
-Get an ambulance.
885
00:43:16,930 --> 00:43:18,965
JIMMY:
We need an ambulance now.
886
00:43:18,999 --> 00:43:22,202
466 Milbury Street,
apartment 11-B.
887
00:43:22,235 --> 00:43:23,336
Ellenor, please,
oh, please.
888
00:43:23,369 --> 00:43:24,938
Get it here now!
889
00:43:35,248 --> 00:43:38,251
♪ (theme)
890
00:44:01,708 --> 00:44:02,776
You stinker!
63232
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