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These are the user uploaded subtitles that are being translated: 1 00:00:01,290 --> 00:00:02,357 LINDSAY: Previously on The Practice: 2 00:00:02,391 --> 00:00:04,993 If he takes me out, I don't want you to let him walk. 3 00:00:05,026 --> 00:00:07,529 If I'm dead, you let someone know what happened. 4 00:00:07,562 --> 00:00:09,864 Russell said if anything happened to him, 5 00:00:09,898 --> 00:00:11,800 tell the police about Derek Grant. 6 00:00:11,833 --> 00:00:14,102 The client told you what happened in confidence. 7 00:00:14,135 --> 00:00:15,770 It won't matter if he's dead! 8 00:00:15,804 --> 00:00:17,772 There's a man named Derek Grant. 9 00:00:17,806 --> 00:00:19,641 We're asking you to question the guy. 10 00:00:19,674 --> 00:00:21,576 Derek Grant was shot to death two nights ago 11 00:00:21,610 --> 00:00:23,211 on the corner of 128 and Linden. 12 00:00:23,545 --> 00:00:25,780 You ordered me to tell the police! 13 00:00:25,814 --> 00:00:26,948 If I was dead! 14 00:00:26,981 --> 00:00:27,816 I thought you were dead! 15 00:00:27,849 --> 00:00:29,551 Russell Hampton, you're under arrest 16 00:00:29,584 --> 00:00:30,685 for the murder of Derek Grant. 17 00:00:30,719 --> 00:00:32,687 You have the right to remain silent. 18 00:00:32,721 --> 00:00:35,424 When this started, all they had was a dime bag of crack. 19 00:00:35,457 --> 00:00:36,525 They couldn't charge you with murder 20 00:00:36,558 --> 00:00:37,659 if you didn't keep killing people! 21 00:00:37,692 --> 00:00:39,193 You gave me up! 22 00:00:39,227 --> 00:00:40,495 (yells) 23 00:00:41,162 --> 00:00:42,397 (grunting) 24 00:00:43,398 --> 00:00:44,699 (door bangs open) 25 00:00:46,335 --> 00:00:47,802 Get in there! 26 00:00:47,836 --> 00:00:49,538 Go! Get him out! 27 00:00:49,571 --> 00:00:50,939 Gotta get him out. 28 00:00:50,972 --> 00:00:52,341 Aah! 29 00:00:53,107 --> 00:00:54,142 You should get some rest. 30 00:00:54,175 --> 00:00:55,677 I'm fine. 31 00:00:56,978 --> 00:00:58,613 You guys don't need to worry. 32 00:01:05,687 --> 00:01:07,889 Your cellmate, dead. 33 00:01:09,123 --> 00:01:11,560 Your fingerprints on the knife. 34 00:01:12,961 --> 00:01:15,664 Your confession to the murder. 35 00:01:17,932 --> 00:01:20,001 We don't win this one, Ray. 36 00:01:20,034 --> 00:01:22,737 This is a case we plead to. 37 00:01:24,506 --> 00:01:25,940 Go over it again. 38 00:01:25,974 --> 00:01:26,975 This is getting really boring. 39 00:01:27,008 --> 00:01:29,578 Not to me. I love court days. 40 00:01:29,611 --> 00:01:31,145 Beats watching TV. 41 00:01:31,179 --> 00:01:33,014 Food's better than state prison. 42 00:01:34,148 --> 00:01:35,750 I can hit on you. Guard! 43 00:01:35,784 --> 00:01:37,419 No! No, don't call the guards. 44 00:01:38,286 --> 00:01:39,821 I know about the guards. 45 00:01:39,854 --> 00:01:41,690 Don't screw around with me, Ray. 46 00:01:41,723 --> 00:01:43,925 I didn't tell you before 'cause I was scared you wouldn't believe me. 47 00:01:51,966 --> 00:01:55,069 The guards set up fights between the inmates and bet on 'em. 48 00:01:56,505 --> 00:01:58,239 They wanted me to fight Baumann. 49 00:01:58,272 --> 00:02:01,610 But before I could tell anyone, they killed him. 50 00:02:04,779 --> 00:02:07,115 Are you saying they framed you? 51 00:02:07,148 --> 00:02:09,384 You don't rat out the guards and live. 52 00:02:09,418 --> 00:02:11,252 But I got no choice. 53 00:02:11,285 --> 00:02:12,854 I can't do more prison time. 54 00:02:13,922 --> 00:02:15,790 If you're saying you have a defense, 55 00:02:15,824 --> 00:02:17,191 I need to know. 56 00:02:22,497 --> 00:02:23,732 Is this true? 57 00:02:29,838 --> 00:02:32,907 No. But I sure as hell had you going. 58 00:02:32,941 --> 00:02:34,075 You're an idiot. 59 00:02:34,108 --> 00:02:35,777 Come on, it's a winner! We can get a jury to buy it. 60 00:02:35,810 --> 00:02:36,645 We've done it before. 61 00:02:36,678 --> 00:02:39,681 When we had a defense, Ray. 62 00:02:42,384 --> 00:02:46,321 Look... if I can get a plea deal to ten years 63 00:02:46,355 --> 00:02:47,589 on top of your current sentence-- 64 00:02:47,622 --> 00:02:48,523 Ten? 65 00:02:50,559 --> 00:02:54,796 Plus three on my robbery charge? 66 00:02:54,829 --> 00:02:57,332 I can't do 13 years. 67 00:02:57,366 --> 00:02:59,434 I was serious about that. 68 00:02:59,468 --> 00:03:01,403 I can't do the time I got left. 69 00:03:03,405 --> 00:03:07,342 Ray, when you get convicted this time, 70 00:03:07,376 --> 00:03:10,345 it's mandatory life. 71 00:03:12,213 --> 00:03:14,816 So you either let me make a deal, 72 00:03:14,849 --> 00:03:16,785 or you'll have to start getting used to the idea 73 00:03:16,818 --> 00:03:19,921 that you are going to die in prison. 74 00:03:21,290 --> 00:03:22,557 It's your choice. 75 00:03:27,362 --> 00:03:30,365 (music playing) 76 00:04:15,276 --> 00:04:16,845 There's nothing you can challenge? 77 00:04:16,878 --> 00:04:20,449 His confession was voluntary and vividly incriminating. 78 00:04:20,482 --> 00:04:22,116 And you can forget self-defense. 79 00:04:22,150 --> 00:04:25,186 He admitted the victim was asleep when he stabbed him. 80 00:04:25,219 --> 00:04:27,756 Why did he do it? He won't tell me. 81 00:04:27,789 --> 00:04:29,791 How many times you've represented this guy? 82 00:04:29,824 --> 00:04:31,192 Well, this makes four. 83 00:04:31,225 --> 00:04:33,061 And to be honest, I've always liked the guy, 84 00:04:33,094 --> 00:04:36,298 but since he's been in prison... I don't know. 85 00:04:36,331 --> 00:04:38,933 After a while, it drives them all crazy. 86 00:04:38,967 --> 00:04:41,235 He's agreed to let me try and plead it. 87 00:04:46,708 --> 00:04:47,876 Good morning? 88 00:04:52,847 --> 00:04:54,616 What the hell are you doing here? 89 00:04:54,649 --> 00:04:56,250 I told you he'd come back too fast. 90 00:04:56,284 --> 00:04:59,120 Hello to you, too, everyone. It's good to be back. 91 00:04:59,153 --> 00:05:01,423 Hey, Bobby, you look... 92 00:05:02,924 --> 00:05:05,294 ...bad. LUCY: Nice, Jimmy. 93 00:05:05,327 --> 00:05:07,796 Why don't you drop the macho crap and go home? 94 00:05:07,829 --> 00:05:09,964 Lucy, get me the Cheswick file. 95 00:05:09,998 --> 00:05:11,366 When Eugene gets in, 96 00:05:11,400 --> 00:05:13,201 tell him we need to go over the finances. 97 00:05:24,479 --> 00:05:27,416 No deal. My case is way too strong. 98 00:05:27,449 --> 00:05:29,117 Can't you just once be reasonable? 99 00:05:29,150 --> 00:05:31,820 If he pleads, he will serve 13 years 100 00:05:31,853 --> 00:05:33,855 before he's even considered for parole. 101 00:05:33,888 --> 00:05:34,989 He committed coldblooded murder! 102 00:05:35,023 --> 00:05:37,158 He ought to stay in prison for life. 103 00:05:37,191 --> 00:05:38,527 Plus, it's only a one-day trial. 104 00:05:38,560 --> 00:05:41,162 Ellenor, don't beg this guy. 105 00:05:41,195 --> 00:05:42,697 You got a real stick up your ass. 106 00:05:42,731 --> 00:05:44,265 Shut up, Ray! 107 00:05:44,299 --> 00:05:45,367 You know why I bet you suck? 108 00:05:47,669 --> 00:05:49,203 Because people hate arrogant. 109 00:05:50,138 --> 00:05:52,607 Now, me-- juries love me. 110 00:05:52,641 --> 00:05:53,975 That last jury loved you. 111 00:05:54,008 --> 00:05:56,044 I pled to the robbery charge. I had no choice. 112 00:05:56,077 --> 00:05:57,579 They had me on videotape. 113 00:05:57,612 --> 00:06:00,114 I've never been convicted by a jury. 114 00:06:02,617 --> 00:06:04,285 We can beat this chump. 115 00:06:05,587 --> 00:06:07,989 No, we can't. 116 00:06:15,664 --> 00:06:16,565 (door closes) 117 00:06:16,598 --> 00:06:18,933 (typing) 118 00:06:20,502 --> 00:06:21,370 (sighs) 119 00:06:21,403 --> 00:06:22,871 Collections are down. 120 00:06:22,904 --> 00:06:26,140 Welcome to the recession. Clients are hurting. 121 00:06:26,174 --> 00:06:28,910 Some firms in town are taking 50 cents on the dollar. 122 00:06:28,943 --> 00:06:30,312 I can't afford to be out anymore. 123 00:06:31,079 --> 00:06:33,047 Anybody out there need my help? 124 00:06:33,081 --> 00:06:35,550 Ellenor's got a trial that's gonna plead. 125 00:06:35,584 --> 00:06:37,151 Everybody else is covered. 126 00:06:39,153 --> 00:06:40,522 What's your schedule? 127 00:06:41,723 --> 00:06:42,924 Don't you start now. 128 00:06:42,957 --> 00:06:45,193 For now, you shouldn't be taking 129 00:06:45,226 --> 00:06:46,561 any criminal cases, Bobby. 130 00:06:46,961 --> 00:06:48,062 Excuse me? 131 00:06:48,096 --> 00:06:50,164 Before you go back into a cell with another client, 132 00:06:50,198 --> 00:06:53,234 we think it would be best for you to get your legs back. 133 00:06:53,435 --> 00:06:54,536 "We think"? 134 00:06:54,569 --> 00:06:56,905 Bobby-- Wait a second. 135 00:06:56,938 --> 00:06:58,640 You and Lindsay got together and decided 136 00:06:58,673 --> 00:07:00,174 how I should practice law? 137 00:07:00,208 --> 00:07:03,412 No. The whole firm decided this. 138 00:07:03,445 --> 00:07:05,279 Well, do me a favor. 139 00:07:05,314 --> 00:07:08,249 Next time my firm plans on discussing my career, 140 00:07:08,282 --> 00:07:10,985 let me know. I'd like to be there. 141 00:07:26,234 --> 00:07:27,369 Give him time. 142 00:07:29,638 --> 00:07:32,674 He won't give himself time. 143 00:07:32,707 --> 00:07:35,310 He won't even talk about what happened. 144 00:07:35,344 --> 00:07:37,178 You know, your husband's not real big 145 00:07:37,211 --> 00:07:39,314 on sharing his feelings. Oh. 146 00:07:39,348 --> 00:07:41,316 Or hadn't you noticed? 147 00:07:41,350 --> 00:07:44,319 I noticed that he feels like we're attacking him. 148 00:07:45,286 --> 00:07:46,988 He probably does. 149 00:07:47,322 --> 00:07:49,724 Right now, he's something he never wanted to be: 150 00:07:49,758 --> 00:07:50,759 A victim. 151 00:07:51,793 --> 00:07:53,295 It's not easy for him to deal with. 152 00:07:54,529 --> 00:07:55,630 You know that. 153 00:08:05,106 --> 00:08:07,709 When I defended him before, he listened to me. 154 00:08:07,742 --> 00:08:11,580 Now he won't take my advice or help me develop a usable defense. 155 00:08:11,613 --> 00:08:13,982 I can't, in good conscience, continue to be his lawyer. 156 00:08:14,015 --> 00:08:15,917 This is a ploy to get a continuance. 157 00:08:15,950 --> 00:08:18,387 Mr. Lowe knows I have a real conflict. 158 00:08:18,420 --> 00:08:20,522 I know your client doesn't have a defense. 159 00:08:20,555 --> 00:08:21,923 I don't care what you know. 160 00:08:21,956 --> 00:08:24,859 I care about Mr. McMurphy. He's the one facing trial. 161 00:08:24,893 --> 00:08:29,163 Sir, are you and Ms. Frutt having problems? 162 00:08:30,198 --> 00:08:31,666 Thank you for asking, Your Honor. 163 00:08:35,504 --> 00:08:37,772 Sorry. I get nervous. 164 00:08:37,806 --> 00:08:40,775 That's all right, son. Take your time. 165 00:08:40,809 --> 00:08:44,045 It's just that... she wants me to plead guilty, 166 00:08:44,078 --> 00:08:45,914 and I want my day in court. 167 00:08:47,115 --> 00:08:48,783 Are you pressuring him to plead? 168 00:08:48,817 --> 00:08:50,218 Frankly, yes. 169 00:08:50,251 --> 00:08:52,754 As his lawyer, I have a duty to stop him from pursuing 170 00:08:52,787 --> 00:08:54,889 a trial he can't win. 171 00:08:54,923 --> 00:08:56,958 But that's his choice, not yours. 172 00:08:56,991 --> 00:08:58,693 If he wants a trial, he gets a trial. 173 00:08:58,727 --> 00:09:00,329 Not with me as his lawyer. 174 00:09:00,362 --> 00:09:02,431 We have a conflict. Let him get new counsel. 175 00:09:02,464 --> 00:09:04,065 We're ready today. 176 00:09:04,098 --> 00:09:05,467 Bringing in a new lawyer will delay the case 177 00:09:05,500 --> 00:09:06,801 for months, maybe a year. 178 00:09:06,835 --> 00:09:07,902 No! 179 00:09:09,538 --> 00:09:11,205 I don't want to go back upstate right now. 180 00:09:12,006 --> 00:09:13,442 I want a trial today. 181 00:09:16,044 --> 00:09:18,547 I'll be my own lawyer. I'll defend myself. 182 00:09:20,214 --> 00:09:22,517 That is a bad idea. That's also a ploy. 183 00:09:22,551 --> 00:09:24,853 After he's convicted, he'll appeal 184 00:09:24,886 --> 00:09:26,455 and say that we violated his right to counsel. 185 00:09:26,488 --> 00:09:27,889 I'll waive that appeal. 186 00:09:27,922 --> 00:09:29,858 And later say that the waiver was unknowing. 187 00:09:29,891 --> 00:09:32,394 No! I can have Ms. Frutt advise me. 188 00:09:32,427 --> 00:09:33,828 Then I'll waive it, 189 00:09:33,862 --> 00:09:35,530 which means it will be knowing. 190 00:09:35,564 --> 00:09:38,467 Sir, I advise you not to represent yourself. 191 00:09:38,500 --> 00:09:41,235 If you choose-- But... 192 00:09:42,604 --> 00:09:44,739 ...I have a right to. 193 00:09:44,773 --> 00:09:45,774 Don't I? 194 00:09:48,843 --> 00:09:50,912 I choose to exercise that right. 195 00:09:53,582 --> 00:09:55,149 May I have one second, Your Honor? 196 00:09:57,452 --> 00:09:58,887 What are you doing? 197 00:09:58,920 --> 00:10:01,356 I wanna go to trial now, with or without you. 198 00:10:01,390 --> 00:10:04,726 Ray, you may be nuts, but you are not crazy. 199 00:10:04,759 --> 00:10:07,429 Which means my wish should be respected. 200 00:10:07,462 --> 00:10:09,964 You will be convicted! 201 00:10:09,998 --> 00:10:12,801 Ellenor... no, I won't. 202 00:10:21,576 --> 00:10:23,211 He wants to represent himself, Your Honor. 203 00:10:24,012 --> 00:10:26,981 Fine. But he'll do so with hybrid representation. 204 00:10:27,015 --> 00:10:29,117 Ms. Frutt, I'm ordering you to assist him 205 00:10:29,150 --> 00:10:31,085 as standby counsel. What? 206 00:10:31,119 --> 00:10:33,988 The law says he can do it pro se, 207 00:10:34,022 --> 00:10:35,023 but I'm allowed to protect him. 208 00:10:35,056 --> 00:10:36,558 Let him get somebody else. 209 00:10:37,459 --> 00:10:39,093 No. I have you. 210 00:10:40,329 --> 00:10:43,532 Mr. McMurphy, once again, I must warn you 211 00:10:43,565 --> 00:10:46,335 that defending yourself is a very serious step. 212 00:10:46,368 --> 00:10:48,269 Are you sure it's one you want to take? 213 00:10:48,303 --> 00:10:50,038 Yes. 214 00:10:50,071 --> 00:10:51,940 I-I've been through enough trials 215 00:10:51,973 --> 00:10:56,077 to know how they work. I can do this... with help. 216 00:10:56,110 --> 00:10:59,414 I object to being forced to help a man convict himself. 217 00:10:59,448 --> 00:11:01,450 I think what you object to, Ms. Frutt, 218 00:11:01,483 --> 00:11:03,985 is the client taking control of his case, 219 00:11:04,018 --> 00:11:06,588 but that's his right. He's the one in charge, not you. 220 00:11:06,621 --> 00:11:09,791 Therefore, you will serve as standby counsel, 221 00:11:09,824 --> 00:11:12,494 and Mr. McMurphy will have his day in court. 222 00:11:12,527 --> 00:11:14,228 See you at 11:00. 223 00:11:14,262 --> 00:11:15,129 (gavel bangs) 224 00:11:30,479 --> 00:11:31,846 LUCY: So he's defending himself? 225 00:11:31,880 --> 00:11:33,247 Not my idea. 226 00:11:33,281 --> 00:11:34,483 You still have to be there? 227 00:11:34,516 --> 00:11:37,752 Yes. He wants copies of the local rules, 228 00:11:37,786 --> 00:11:39,153 a textbook on criminal procedures, 229 00:11:39,187 --> 00:11:40,422 and the evidence code. 230 00:11:40,455 --> 00:11:42,223 And you have to hurry. It starts in two hours. 231 00:11:42,256 --> 00:11:43,825 So you're second chair to him? 232 00:11:43,858 --> 00:11:45,294 Lucy, hurry! 233 00:11:50,432 --> 00:11:53,234 If you don't wear it, you will look guilty. 234 00:11:53,267 --> 00:11:55,169 Ellenor, they're gonna know I'm in prison 235 00:11:55,203 --> 00:11:56,871 when they hear where I killed him. 236 00:11:56,905 --> 00:11:58,840 Me wearing that will just look phony. 237 00:11:59,774 --> 00:12:01,710 Now, can we talk about the trial? 238 00:12:01,743 --> 00:12:04,045 Go ahead. You're in charge. 239 00:12:04,078 --> 00:12:06,381 That judge seems like a liberal. 240 00:12:06,415 --> 00:12:08,783 He is, particularly at sentencing, 241 00:12:08,817 --> 00:12:10,785 which is why you should plead. 242 00:12:10,819 --> 00:12:13,221 A conviction takes away his discretion. 243 00:12:13,254 --> 00:12:15,890 But if I waive jury and have him decide it, 244 00:12:15,924 --> 00:12:17,025 will he acquit me? 245 00:12:18,893 --> 00:12:20,295 No. 246 00:12:20,329 --> 00:12:22,063 You're better off with a jury. 247 00:12:22,096 --> 00:12:23,598 You still say frame-up and self-defense are out? 248 00:12:23,632 --> 00:12:24,799 Completely. 249 00:12:24,833 --> 00:12:26,200 What other defenses do we have? 250 00:12:26,868 --> 00:12:28,570 Listen, Ray, even as your backup counsel, 251 00:12:28,603 --> 00:12:29,704 I can't let you just-- 252 00:12:29,738 --> 00:12:31,706 But as my advisor, 253 00:12:32,006 --> 00:12:34,743 you at least have to tell me what my options are. 254 00:12:39,113 --> 00:12:39,981 Alibi-- 255 00:12:40,014 --> 00:12:41,550 you were somewhere else, which won't work, 256 00:12:41,583 --> 00:12:43,785 because you were locked in a cell. 257 00:12:45,019 --> 00:12:46,321 Go on. Insanity-- 258 00:12:46,355 --> 00:12:47,756 the prison shrink says you're not. 259 00:12:47,789 --> 00:12:50,058 Necessity-- not applicable on these facts. 260 00:12:50,091 --> 00:12:52,193 Jury nullification-- it's illegal to even-- 261 00:12:52,226 --> 00:12:53,194 Uh, go back. 262 00:12:54,996 --> 00:12:57,198 What's a necessity defense? It doesn't work-- 263 00:12:57,231 --> 00:12:58,600 Just tell me what is!! 264 00:13:05,106 --> 00:13:09,143 You killed him because somebody forced you to. 265 00:13:10,612 --> 00:13:11,913 That's my defense. 266 00:13:11,946 --> 00:13:14,616 No, it's not, Ray. Nobody forced you to-- 267 00:13:14,649 --> 00:13:17,386 Ellenor, you know how you survive in prison? 268 00:13:17,419 --> 00:13:19,621 You grab opportunities. 269 00:13:22,324 --> 00:13:24,726 Now get me some cases on necessity. 270 00:13:30,231 --> 00:13:32,266 Trial on the defendant's assault charge 271 00:13:32,301 --> 00:13:33,535 was to begin last week, 272 00:13:33,568 --> 00:13:35,337 but Mr. Donnell was in the hospital 273 00:13:35,370 --> 00:13:36,971 as the result of another case. 274 00:13:37,005 --> 00:13:38,473 Third continuance, Mr. Donnell-- 275 00:13:38,507 --> 00:13:40,642 When will you be back in the saddle? 276 00:13:40,675 --> 00:13:42,511 I'm back now, Judge. 277 00:13:42,544 --> 00:13:43,845 Well, then, you're in luck. 278 00:13:43,878 --> 00:13:46,781 We had a case plead out. We can take you today. 279 00:13:47,916 --> 00:13:49,150 Today? 280 00:13:54,356 --> 00:13:56,525 Can I have a moment with my client? 281 00:13:58,993 --> 00:13:59,661 Sure. 282 00:14:05,500 --> 00:14:08,202 What do you want to do? Get it over with. 283 00:14:11,940 --> 00:14:14,443 Well, we don't have to go today. 284 00:14:14,476 --> 00:14:17,245 Under the law, you're entitled to more time. 285 00:14:18,012 --> 00:14:19,348 Do I want more time? 286 00:14:20,449 --> 00:14:21,850 It never hurts. 287 00:14:21,883 --> 00:14:23,552 It gives us a chance to... 288 00:14:25,119 --> 00:14:27,356 ...keep investigating your defense. 289 00:14:28,256 --> 00:14:30,692 Judge Bournes, may I be heard? 290 00:14:31,560 --> 00:14:34,128 I've just realized I have a scheduling conflict. 291 00:14:34,162 --> 00:14:36,398 A later date would be better for me. 292 00:14:36,431 --> 00:14:39,768 How about, uh... June 6th? 293 00:14:41,035 --> 00:14:42,437 Okay with your client, Mr. Donnell? 294 00:14:45,974 --> 00:14:47,041 Yes, that would be fine. 295 00:14:47,809 --> 00:14:50,545 See you in June. We're adjourned. 296 00:14:51,346 --> 00:14:52,681 Bobby, we need to talk. 297 00:14:52,714 --> 00:14:54,383 Yeah... later. 298 00:14:58,286 --> 00:14:59,921 You take care of yourself. 299 00:15:05,494 --> 00:15:07,429 Ladies and gentlemen of the jury, 300 00:15:07,462 --> 00:15:10,799 Mr. McMurphy will be acting pro se-- 301 00:15:10,832 --> 00:15:13,167 that is, as his own attorney. 302 00:15:13,201 --> 00:15:14,969 The law requires him to comply 303 00:15:15,003 --> 00:15:17,372 with all evidentiary and court rules. 304 00:15:17,406 --> 00:15:21,242 Ms. Frutt will be assisting him as standby counsel. 305 00:15:21,275 --> 00:15:24,879 Now, certainly, Mr. McMurphy has little or no experience 306 00:15:24,913 --> 00:15:26,315 in trying cases. 307 00:15:26,348 --> 00:15:29,751 You are to draw no inferences or conclusions 308 00:15:29,784 --> 00:15:31,920 as to the merits of the case 309 00:15:31,953 --> 00:15:35,223 based on his performance as a litigator. 310 00:15:37,058 --> 00:15:39,127 MAN: We roll the cell doors open at 5:00 a. m. 311 00:15:39,160 --> 00:15:41,062 for the day's first count. 312 00:15:41,095 --> 00:15:43,532 McMurphy walked out. Baumann didn't. 313 00:15:43,565 --> 00:15:44,999 What did you do? 314 00:15:45,033 --> 00:15:45,867 Checked the cell. 315 00:15:45,900 --> 00:15:47,836 Baumann was dead in his bunk, 316 00:15:47,869 --> 00:15:49,938 the shiv still sticking out of his chest. 317 00:15:49,971 --> 00:15:52,106 Where was Mr. McMurphy? 318 00:15:52,140 --> 00:15:53,642 Toeing the line in front of the cell. 319 00:15:54,709 --> 00:15:56,445 There was blood on his shirt. 320 00:15:56,478 --> 00:15:58,513 Could you tell if there'd been a fight in the cell? 321 00:15:58,547 --> 00:16:00,382 Object-- lacks sufficient foundation. 322 00:16:00,415 --> 00:16:02,551 Object! 323 00:16:02,584 --> 00:16:04,453 Something... foundation. 324 00:16:04,486 --> 00:16:06,755 The objection is sustained. 325 00:16:06,788 --> 00:16:08,823 Was anything broken? 326 00:16:08,857 --> 00:16:10,659 Were there things strewn around? 327 00:16:10,692 --> 00:16:13,127 It didn't look like a fight had taken place, no. 328 00:16:13,695 --> 00:16:14,763 Thank you. 329 00:16:14,796 --> 00:16:15,464 Nothing further. 330 00:16:16,097 --> 00:16:17,198 He got to say it anyway. 331 00:16:17,231 --> 00:16:19,000 Good witnesses know how. 332 00:16:21,403 --> 00:16:23,338 Be careful. 333 00:16:29,978 --> 00:16:31,346 Saunders. 334 00:16:31,380 --> 00:16:32,481 McMurphy. 335 00:16:33,315 --> 00:16:34,483 First thing you did, 336 00:16:34,516 --> 00:16:36,818 you took me to the deputy warden's office, 337 00:16:36,851 --> 00:16:39,253 and I told you I had to kill him. 338 00:16:39,287 --> 00:16:41,255 Objection! Lacks foundation. 339 00:16:41,290 --> 00:16:42,857 Mr. McMurphy is not the witness here. 340 00:16:42,891 --> 00:16:45,794 Sustained. The jury will disregard. 341 00:16:46,561 --> 00:16:48,096 You hate my guts, right? 342 00:16:48,129 --> 00:16:49,097 I hate killers. 343 00:16:49,130 --> 00:16:50,299 Objection! 344 00:16:50,332 --> 00:16:51,966 Sit down, Ms. Frutt. 345 00:16:52,000 --> 00:16:53,802 You hated me because I wouldn't kiss your ass. 346 00:16:53,835 --> 00:16:55,337 You're a killer and a liar! 347 00:16:55,370 --> 00:16:57,939 That's enough! The jury will disregard. 348 00:16:57,972 --> 00:16:59,941 I have nothing else to ask this man. 349 00:17:06,948 --> 00:17:10,452 Did you ever suspect anyone but the defendant 350 00:17:10,485 --> 00:17:11,152 of this murder? 351 00:17:11,185 --> 00:17:12,821 No. Object to that. 352 00:17:12,854 --> 00:17:14,989 Shh! I want to hear this. 353 00:17:15,023 --> 00:17:17,559 Why didn't you suspect anyone else? 354 00:17:17,592 --> 00:17:20,829 It's a two-man cell. They were locked in overnight. 355 00:17:20,862 --> 00:17:22,431 Plus, McMurphy hated Baumann. 356 00:17:22,464 --> 00:17:23,097 Everyone knew it. 357 00:17:23,131 --> 00:17:24,566 That's a lie! Your Honor-- 358 00:17:24,599 --> 00:17:26,768 Sit down! Other people hated Baumann! 359 00:17:26,801 --> 00:17:29,371 Mr. McMurphy hated him the most. 360 00:17:29,404 --> 00:17:31,873 I don't know why. I just know he did. 361 00:17:43,718 --> 00:17:44,953 Nice job, Ray. 362 00:17:50,459 --> 00:17:52,026 You know, if you're sitting next to me, 363 00:17:52,060 --> 00:17:52,861 you gotta look like you're supporting me. 364 00:17:52,894 --> 00:17:54,596 I am trying to, but-- 365 00:17:54,629 --> 00:17:56,164 No, you're arguing, and the jury sees it. 366 00:17:56,197 --> 00:17:58,266 I am telling you when to object, Ray. 367 00:17:58,300 --> 00:18:00,168 I am trying to help. 368 00:18:02,136 --> 00:18:04,739 So... how'd that go? 369 00:18:05,807 --> 00:18:07,376 Terrible. 370 00:18:07,409 --> 00:18:09,444 In addition to time and opportunity, 371 00:18:09,478 --> 00:18:11,980 he testified that you didn't like the victim. 372 00:18:13,782 --> 00:18:17,051 You did establish that the witness hates you. 373 00:18:17,085 --> 00:18:18,587 So in your closing, 374 00:18:18,620 --> 00:18:20,489 you'll want to remember that and argue the bias. 375 00:18:22,657 --> 00:18:24,626 Now, for the warden who is up next, 376 00:18:24,659 --> 00:18:26,227 here's a quick lesson in hearsay-- 377 00:18:26,260 --> 00:18:27,562 I know what hearsay is. 378 00:18:27,596 --> 00:18:29,598 Well, make sure you object. 379 00:18:29,631 --> 00:18:31,065 You probably won't shut it down, 380 00:18:31,099 --> 00:18:33,668 but you need to preserve the objection for appeal. 381 00:18:35,203 --> 00:18:37,372 Because his testimony is going to kill you. 382 00:18:40,208 --> 00:18:41,710 As the deputy warden, 383 00:18:41,743 --> 00:18:43,978 I was in charge of the initial investigation. 384 00:18:44,012 --> 00:18:46,448 On the day of the murder, you spoke with the defendant? 385 00:18:46,481 --> 00:18:47,248 Yes. 386 00:18:47,281 --> 00:18:48,950 And what, if anything, did he say? 387 00:18:48,983 --> 00:18:51,152 Objection-- hearsay. 388 00:18:51,185 --> 00:18:54,389 It's admissible hearsay as a declaration against interests, 389 00:18:54,423 --> 00:18:56,257 an admission by party opponents. 390 00:18:56,291 --> 00:18:57,459 Overruled. 391 00:18:57,492 --> 00:18:59,027 He said he stabbed Baumann 392 00:18:59,060 --> 00:19:01,029 a couple of hours after lights out. 393 00:19:02,030 --> 00:19:03,298 Recognize this? 394 00:19:03,332 --> 00:19:05,066 Yes. It's the murder weapon. 395 00:19:05,099 --> 00:19:08,202 It's a toothbrush, filed down. Very common. 396 00:19:08,236 --> 00:19:09,671 You checked it for prints? 397 00:19:09,704 --> 00:19:12,674 Yes. Mr. McMurphy said we'd find his on it. 398 00:19:12,707 --> 00:19:14,008 And we did. 399 00:19:14,509 --> 00:19:16,845 Did he say why he did it? No. 400 00:19:16,878 --> 00:19:19,514 Did he say what, if anything, Mr. Baumann was doing 401 00:19:19,548 --> 00:19:20,982 at the time he stabbed him? 402 00:19:21,015 --> 00:19:23,184 He said Baumann was sleeping. 403 00:19:23,217 --> 00:19:24,653 Thank you. 404 00:19:32,160 --> 00:19:34,195 When I talked to you back in your office, 405 00:19:34,228 --> 00:19:35,830 I looked real scared. 406 00:19:35,864 --> 00:19:37,231 I was shaking, crying-- 407 00:19:37,265 --> 00:19:39,401 Objection-- lacks foundation. 408 00:19:39,434 --> 00:19:41,202 Calls for hearsay. You used hearsay. 409 00:19:41,235 --> 00:19:43,071 Mr. McMurphy is not the witness. 410 00:19:43,104 --> 00:19:45,740 Shaking and crying are both nonverbal, self-serving statements 411 00:19:45,774 --> 00:19:47,709 which are inadmissible hearsay. 412 00:19:47,742 --> 00:19:49,210 Objection sustained. 413 00:19:49,243 --> 00:19:51,279 So I'm not allowed to say what happened? 414 00:19:51,313 --> 00:19:53,615 You're not the witness here, sir. 415 00:19:53,648 --> 00:19:55,584 The objection is sustained. 416 00:19:57,586 --> 00:19:59,621 (sighs) 417 00:20:04,359 --> 00:20:07,061 Every question that he asks helps my case. 418 00:20:07,095 --> 00:20:08,863 He's still in his jumpsuit, for God's sake. 419 00:20:08,897 --> 00:20:11,032 He might as well wear a sign that says "convict me." 420 00:20:11,065 --> 00:20:12,867 I'm just saying be careful. 421 00:20:12,901 --> 00:20:14,536 Of what? 422 00:20:14,569 --> 00:20:15,404 Well, I think the guy's 423 00:20:15,437 --> 00:20:17,639 smarter than you give him credit for. 424 00:20:19,808 --> 00:20:21,242 What am I missing? 425 00:20:22,411 --> 00:20:24,012 Look... 426 00:20:24,879 --> 00:20:26,815 The guy may have no defense, 427 00:20:26,848 --> 00:20:28,417 but the jury might be seeing that 428 00:20:28,450 --> 00:20:30,552 as a function of no one defending him. 429 00:20:30,585 --> 00:20:32,754 I introduced his confession. 430 00:20:32,787 --> 00:20:34,789 The jury sees there's no defense. 431 00:20:34,823 --> 00:20:36,858 What the jury sees is you beating up 432 00:20:36,891 --> 00:20:39,193 a defenseless guy who doesn't know the law. 433 00:20:39,227 --> 00:20:42,364 Don't let him be an underdog in there, Alan. 434 00:20:42,397 --> 00:20:46,234 Remind the jury that this guy would rip out their hearts if he could. 435 00:20:47,268 --> 00:20:48,603 And ease off the objecting. 436 00:20:48,637 --> 00:20:51,340 Let him win a few procedural points. 437 00:20:52,974 --> 00:20:54,876 You really think I'm in a fight here? 438 00:20:54,909 --> 00:20:57,245 From what I saw, yes. 439 00:20:58,613 --> 00:21:01,149 Look, there's no such thing as a laydown. 440 00:21:01,450 --> 00:21:05,286 This office has lost cases to pro se defendants. 441 00:21:06,421 --> 00:21:08,122 My advice-- be careful. 442 00:21:14,629 --> 00:21:17,832 Are you going to testify? 443 00:21:17,866 --> 00:21:19,000 I haven't decided yet. 444 00:21:19,033 --> 00:21:20,835 Well, if you don't testify, how do you intend to prove 445 00:21:20,869 --> 00:21:22,304 that you acted out of necessity? 446 00:21:24,573 --> 00:21:26,708 Look, if I think this defense is a lie, 447 00:21:26,741 --> 00:21:27,876 I have to tell the judge. 448 00:21:27,909 --> 00:21:29,043 You don't know it is a lie. 449 00:21:29,077 --> 00:21:30,345 Don't treat me like an idiot, Ray. 450 00:21:30,379 --> 00:21:31,546 Look, I'm trying the case. 451 00:21:31,580 --> 00:21:32,781 I don't have to tell you anything. 452 00:21:36,985 --> 00:21:39,454 You want to be helpful? 453 00:21:39,488 --> 00:21:40,555 Get me this guy. 454 00:21:41,490 --> 00:21:43,124 He's being sentenced downstairs. 455 00:21:43,157 --> 00:21:44,526 We know each other. 456 00:21:44,559 --> 00:21:46,795 He'll testify for me. 457 00:21:46,828 --> 00:21:48,229 Why are you doing this? 458 00:21:49,364 --> 00:21:50,399 Trial prep's real important. 459 00:21:50,432 --> 00:21:54,669 You know what I mean. 460 00:21:54,703 --> 00:21:56,771 You used to trust me, Ray. 461 00:21:56,805 --> 00:21:58,773 When I said, "plead," you did. 462 00:21:58,807 --> 00:22:01,009 We only fought the ones that we could win. 463 00:22:07,649 --> 00:22:08,983 Did I let you down? 464 00:22:10,785 --> 00:22:12,253 What's changed? 465 00:22:15,590 --> 00:22:16,291 (sighs) 466 00:22:16,958 --> 00:22:18,293 It's not you. 467 00:22:19,794 --> 00:22:22,631 More time in prison would be a death sentence for me. 468 00:22:23,565 --> 00:22:26,868 Then why did you kill him? 469 00:22:27,602 --> 00:22:28,603 If... 470 00:22:29,971 --> 00:22:32,073 ...I told you I killed him over cigarettes 471 00:22:32,106 --> 00:22:34,309 because he stole my last damn pack, 472 00:22:34,343 --> 00:22:36,110 you wouldn't believe me. 473 00:22:37,646 --> 00:22:39,113 Guys in prison get killed over less. 474 00:22:39,147 --> 00:22:42,283 Guys get killed for looking at somebody wrong. 475 00:22:43,385 --> 00:22:44,686 I can't take it anymore. 476 00:22:46,921 --> 00:22:48,590 The longer this trial lasts, 477 00:22:48,623 --> 00:22:50,925 the less time I got to be in prison. 478 00:22:50,959 --> 00:22:53,562 Even if it's just for a day, that's enough. 479 00:22:56,197 --> 00:22:58,400 You killed him over cigarettes? 480 00:23:00,101 --> 00:23:03,037 I said... "if." 481 00:23:08,176 --> 00:23:09,644 (creaking) 482 00:23:09,678 --> 00:23:11,646 Cheswick's down in the last one. 483 00:23:26,528 --> 00:23:27,329 Are you all right? 484 00:23:29,431 --> 00:23:30,632 Just tell him-- 485 00:23:31,633 --> 00:23:32,734 tell him I got paged. 486 00:23:32,767 --> 00:23:34,369 I-I got a... 487 00:23:35,604 --> 00:23:36,938 I'll check with him later. 488 00:23:53,722 --> 00:23:54,523 (door opens) 489 00:23:58,360 --> 00:23:59,193 Hello. 490 00:24:00,395 --> 00:24:01,696 Is Bobby Donnell in? 491 00:24:01,996 --> 00:24:02,897 You are? 492 00:24:02,931 --> 00:24:03,932 Leonard Welish. 493 00:24:03,965 --> 00:24:05,667 I'm with the state's outreach program. 494 00:24:06,301 --> 00:24:08,470 We're funded by the state legislature. 495 00:24:08,503 --> 00:24:09,838 We help crime victims. 496 00:24:09,871 --> 00:24:12,774 Well, "victim" is not a word he likes to hear. 497 00:24:12,807 --> 00:24:15,043 Anyway, he's already given his statement to the DA. 498 00:24:15,076 --> 00:24:16,478 I'm not a lawyer, ma'am. 499 00:24:16,511 --> 00:24:18,580 I'm here just to make sure that he's okay. 500 00:24:21,816 --> 00:24:23,117 This is your defense? 501 00:24:23,151 --> 00:24:24,653 He's telling you what happened. 502 00:24:24,686 --> 00:24:25,887 I hated Baumann. 503 00:24:25,920 --> 00:24:27,922 Baumann screwed me on a drug deal. 504 00:24:27,956 --> 00:24:32,193 I told McMurphy, kill Baumann or I'd kill McMurphy. 505 00:24:34,429 --> 00:24:35,564 Is any of that true? 506 00:24:35,597 --> 00:24:38,099 You calling me a liar? Mark... 507 00:24:38,132 --> 00:24:41,069 yes, as a matter of fact, I am calling you a liar. 508 00:24:41,102 --> 00:24:43,972 Ellenor, you got another way to tell my story? 509 00:24:44,005 --> 00:24:45,374 You don't have a story. 510 00:24:45,407 --> 00:24:48,276 The jury is not gonna believe a word he says. 511 00:24:48,310 --> 00:24:50,345 The jury's gonna believe that he is a scary dude. 512 00:24:50,379 --> 00:24:52,481 They're gonna believe I would do whatever he told me to do. 513 00:24:52,514 --> 00:24:54,449 They're gonna prosecute you for perjury. 514 00:24:54,483 --> 00:24:56,318 First, I ain't lying. 515 00:24:56,351 --> 00:24:59,688 Second, I'm serving three consecutive life terms. 516 00:24:59,721 --> 00:25:01,523 I'm not real worried about perjury. 517 00:25:01,556 --> 00:25:03,725 Ellenor, think about it. 518 00:25:03,758 --> 00:25:05,860 If he testifies, then I don't have to. 519 00:25:05,894 --> 00:25:07,329 Ray-- That's the beauty of it. 520 00:25:07,362 --> 00:25:09,631 In my other trials, you said it was iffy if I testify. 521 00:25:09,664 --> 00:25:12,367 You said it was bad for the jury to hear about my priors. 522 00:25:12,401 --> 00:25:15,269 Yes, but-- Now I got another prior-- the robbery. 523 00:25:15,304 --> 00:25:18,072 If I testify, Lowe gets to cross-examine me, 524 00:25:18,106 --> 00:25:19,007 my priors come in. 525 00:25:19,474 --> 00:25:21,843 I can't let you obstruct justice. 526 00:25:21,876 --> 00:25:25,714 You said juries convict guys based on priors. 527 00:25:25,747 --> 00:25:27,816 Right now, they don't even know what I'm in for. 528 00:25:27,849 --> 00:25:30,018 And Lowe can't tell 'em unless I testify. 529 00:25:30,051 --> 00:25:32,687 Having Harris tell my story is great. Admit it. 530 00:25:32,721 --> 00:25:35,590 It's not a question of strategy, Ray. 531 00:25:35,624 --> 00:25:37,692 The law says you can't do it. 532 00:25:37,726 --> 00:25:39,260 If it's not true! 533 00:25:44,633 --> 00:25:48,102 And you don't know if it is or it isn't. 534 00:25:54,042 --> 00:25:56,845 So, no pain, no loss of appetite? 535 00:25:56,878 --> 00:25:57,946 No. Nothing. 536 00:25:57,979 --> 00:25:58,980 He's had trouble sleeping. 537 00:25:59,013 --> 00:26:00,415 I've been fine. 538 00:26:00,449 --> 00:26:03,051 I know this may not be easy for you. 539 00:26:03,084 --> 00:26:05,687 Talking it out can relieve stress. 540 00:26:05,720 --> 00:26:08,390 It can speed the closure process. 541 00:26:09,458 --> 00:26:10,859 It can help us heal. 542 00:26:10,892 --> 00:26:12,627 Oh, for God's sakes. 543 00:26:12,661 --> 00:26:14,262 Bobby, you agreed to talk to him, so just-- 544 00:26:14,296 --> 00:26:17,332 You know what, ma'am? It might be better-- 545 00:26:17,366 --> 00:26:18,667 Could I speak with Mr. Donnell alone? 546 00:26:18,700 --> 00:26:19,768 Would that be okay? 547 00:26:19,801 --> 00:26:21,235 Okay. 548 00:26:21,269 --> 00:26:22,504 I'll let the two of you talk. 549 00:26:28,477 --> 00:26:30,044 (door closes) 550 00:26:30,078 --> 00:26:31,980 The people who love us most want to help, 551 00:26:32,013 --> 00:26:34,048 but their concern can overwhelm. 552 00:26:34,082 --> 00:26:35,450 Mr.... 553 00:26:35,484 --> 00:26:38,420 Wellisch. If you like, call me Lenny. 554 00:26:38,453 --> 00:26:41,289 Thanks, Lenny. I got work to do. 555 00:26:41,323 --> 00:26:42,824 Could you get the hell out of here? 556 00:26:44,393 --> 00:26:46,328 This wasn't your fault. 557 00:26:46,895 --> 00:26:47,796 What? 558 00:26:48,297 --> 00:26:50,732 The man who beat you was crazy. 559 00:26:50,765 --> 00:26:52,033 You couldn't have prevented it. 560 00:26:52,066 --> 00:26:53,768 You couldn't even see it coming, could you? 561 00:26:55,203 --> 00:26:55,970 No. 562 00:26:56,004 --> 00:26:57,872 Of course not. There were no signs. 563 00:26:57,906 --> 00:26:59,308 Do you blame the prison? 564 00:26:59,341 --> 00:27:02,577 Look, I'm not blaming anybody, and I really am busy here, so... 565 00:27:03,812 --> 00:27:07,382 (sighs) Mr. Donnell, frankly, 566 00:27:07,416 --> 00:27:10,184 my observation is that you're in good shape. 567 00:27:10,218 --> 00:27:12,621 Let me leave you my card in case you want to talk more, 568 00:27:12,654 --> 00:27:15,490 and let me just get you to sign this. 569 00:27:15,524 --> 00:27:16,625 What is it? 570 00:27:16,658 --> 00:27:18,126 Part of the law says you need to read it. 571 00:27:18,159 --> 00:27:19,794 It says that you've been contacted by us 572 00:27:19,828 --> 00:27:20,995 and that you're okay. 573 00:27:21,029 --> 00:27:22,431 Wait a second. 574 00:27:22,464 --> 00:27:24,165 This releases the state from any lawsuits. 575 00:27:24,198 --> 00:27:25,834 W-Well, that's just one part of the form. 576 00:27:25,867 --> 00:27:27,201 That's why you're here?! 577 00:27:27,235 --> 00:27:29,638 Not to check on me, but to cover the Commonwealth's ass?! 578 00:27:35,510 --> 00:27:37,111 EUGENE: Easy, Bobby. What are you doing? 579 00:27:38,313 --> 00:27:39,814 LINDSAY: What is the matter with you? 580 00:27:39,848 --> 00:27:41,583 He's from the State Attorney General's office. 581 00:27:41,616 --> 00:27:43,485 He's looking for a release so I won't sue. 582 00:27:43,518 --> 00:27:45,754 What? Rebecca, I want cases-- 583 00:27:45,787 --> 00:27:47,456 state liability on failure to protect, 584 00:27:47,489 --> 00:27:49,958 failure to keep from harm, failure to maintain workspaces. 585 00:27:49,991 --> 00:27:51,259 Bobby, hold on. 586 00:27:51,293 --> 00:27:53,094 They intentionally failed to protect me. 587 00:27:53,127 --> 00:27:54,796 That's why the state sent him. 588 00:27:54,829 --> 00:27:56,365 They were at least grossly negligent. 589 00:27:56,398 --> 00:27:58,567 We don't have to file-- They're to blame for this! 590 00:28:02,170 --> 00:28:04,138 The state knows how dangerous these inmates are. 591 00:28:04,172 --> 00:28:06,174 Where the hell were the guards?! You need to calm down. 592 00:28:06,207 --> 00:28:09,277 Either help me with this or leave me alone! 593 00:28:14,483 --> 00:28:15,750 (door closes) 594 00:28:22,624 --> 00:28:24,493 I knew Baumann on the outside. 595 00:28:24,526 --> 00:28:26,160 He was a dealer and a banger. 596 00:28:26,194 --> 00:28:29,531 He dealt in prison, too. I bought from him. 597 00:28:29,564 --> 00:28:32,166 One time, he shorted me on a balloon of coke. 598 00:28:32,200 --> 00:28:34,235 That was him disrespecting me. 599 00:28:34,268 --> 00:28:35,670 He had to pay for that. 600 00:28:35,704 --> 00:28:37,339 Why didn't you kill him yourself? 601 00:28:37,372 --> 00:28:40,509 It ain't easy getting a guy who knows you're coming. 602 00:28:40,542 --> 00:28:43,745 He was a big boy. He got respect for size. 603 00:28:43,778 --> 00:28:46,080 I told you I didn't want to do it, right? 604 00:28:46,114 --> 00:28:47,816 I didn't give you no choice. 605 00:28:49,017 --> 00:28:51,720 It was you or him. One of you had to go. 606 00:28:51,753 --> 00:28:55,757 Either way, the word was out. You punk me, you die. 607 00:28:56,925 --> 00:28:59,928 Thank you. I don't have anything else. 608 00:29:08,970 --> 00:29:10,839 When did you and the defendant come up with this story? 609 00:29:10,872 --> 00:29:12,140 It's the truth. 610 00:29:12,173 --> 00:29:14,175 Was it yesterday when the two of you were bused in 611 00:29:14,208 --> 00:29:16,378 from state prison for your court proceedings? 612 00:29:16,411 --> 00:29:20,181 I knew Baumann on the outside. He was a dealer and a banger. 613 00:29:20,214 --> 00:29:25,387 You've been convicted of rape, robbery, perjury, murder. 614 00:29:25,420 --> 00:29:26,855 Three murders. 615 00:29:26,888 --> 00:29:28,923 And you're about to be sentenced in another courtroom 616 00:29:28,957 --> 00:29:30,992 for your fourth. I'm a bad man. 617 00:29:31,025 --> 00:29:32,327 You're a convicted liar, 618 00:29:32,361 --> 00:29:34,729 sentenced to life with no chance of parole. 619 00:29:34,763 --> 00:29:36,264 Okay. 620 00:29:36,298 --> 00:29:38,633 So when the defendant asked you to lie for him, 621 00:29:38,667 --> 00:29:40,201 you had nothing to lose. 622 00:29:40,234 --> 00:29:43,071 Another conviction for perjury or murder, doesn't matter. 623 00:29:43,104 --> 00:29:45,374 Object, argumentative. He's okay. 624 00:29:45,407 --> 00:29:48,410 What are you talking about? You lie for him, there's no downside. 625 00:29:48,443 --> 00:29:49,711 There's an upside. 626 00:29:49,744 --> 00:29:50,745 What's that? 627 00:29:50,779 --> 00:29:53,147 He owes you. He's an ally. 628 00:29:53,181 --> 00:29:54,649 That's key in prison, 629 00:29:54,683 --> 00:29:57,352 especially for a guy with as many enemies as you've got. 630 00:29:58,487 --> 00:30:00,455 I got no idea what you mean. 631 00:30:04,092 --> 00:30:05,994 I move to strike his whole testimony 632 00:30:06,027 --> 00:30:07,729 as blatantly unreliable. 633 00:30:07,762 --> 00:30:08,897 That's a jury call. 634 00:30:08,930 --> 00:30:10,599 Then I move to preclude the jury 635 00:30:10,632 --> 00:30:12,501 from being instructed on the necessity defense. 636 00:30:13,302 --> 00:30:15,136 Miss Frutt, your response? 637 00:30:15,804 --> 00:30:17,806 My response? I thought I couldn't-- 638 00:30:17,839 --> 00:30:19,441 Standby counsel may argue 639 00:30:19,474 --> 00:30:20,809 outside the presence of the jury-- 640 00:30:20,842 --> 00:30:22,877 I am ordering you to do so now. 641 00:30:31,520 --> 00:30:33,388 Black letter law. 642 00:30:33,422 --> 00:30:36,391 He can't be convicted if he killed out of necessity. 643 00:30:36,425 --> 00:30:38,760 Mr. Harris said he told my client, 644 00:30:38,793 --> 00:30:40,895 "Kill Baumann or be killed." 645 00:30:40,929 --> 00:30:42,897 Necessity is a defense to murder 646 00:30:42,931 --> 00:30:44,433 in the Commonwealth of Massachusetts. 647 00:30:44,466 --> 00:30:47,469 But to raise it, the danger of death has to be immediate. 648 00:30:47,502 --> 00:30:49,471 Baumann was asleep. 649 00:30:49,504 --> 00:30:52,073 Harris wasn't even housed in the same cellblock. 650 00:30:52,106 --> 00:30:54,142 The Supreme Court says prisoners may raise it-- 651 00:30:54,175 --> 00:30:55,977 ALAN: Oh, come on, Ellenor. You yourself admitted 652 00:30:56,010 --> 00:30:58,380 the man has no defense. It's a lie. 653 00:30:58,413 --> 00:30:59,881 As the court has repeatedly pointed out, 654 00:30:59,914 --> 00:31:01,950 this is my client's defense, not mine. 655 00:31:01,983 --> 00:31:04,252 That's no excuse. You're helping him to obstruct justice. 656 00:31:04,285 --> 00:31:07,322 I am doing exactly as I was directed by the court. 657 00:31:07,356 --> 00:31:09,691 The man didn't even testify he acted out of necessity. 658 00:31:09,724 --> 00:31:10,825 He doesn't need to testify. 659 00:31:10,859 --> 00:31:13,495 The witness established a factual basis. 660 00:31:15,029 --> 00:31:18,199 Mr. Lowe, I understand you're unhappy, 661 00:31:18,232 --> 00:31:20,402 but I cannot strike down the man's defense. 662 00:31:20,435 --> 00:31:22,571 Why not just tell the jury to acquit? 663 00:31:23,738 --> 00:31:25,707 You know what? 664 00:31:25,740 --> 00:31:27,709 Mr. McMurphy manages to conduct himself 665 00:31:27,742 --> 00:31:30,645 with more professionalism and show this court more respect 666 00:31:30,679 --> 00:31:32,280 than you appear capable of. 667 00:31:32,314 --> 00:31:33,982 You might follow his example. 668 00:31:37,719 --> 00:31:40,855 We'll bring down the jury and proceed to closing arguments. 669 00:31:51,366 --> 00:31:54,869 Two men were locked in an eight-by-ten-foot cell. 670 00:31:54,903 --> 00:31:58,507 The defendant waited for the victim to fall asleep, 671 00:31:58,540 --> 00:32:00,108 then he stood up, 672 00:32:00,141 --> 00:32:05,880 and stabbed the sleeping man over and over and over again 673 00:32:05,914 --> 00:32:07,382 until he died. 674 00:32:07,416 --> 00:32:09,150 His prints were on the weapon. 675 00:32:10,218 --> 00:32:12,954 He confessed to the crime. 676 00:32:12,987 --> 00:32:14,823 The defense story-- 677 00:32:14,856 --> 00:32:16,691 the one that he cooked up with his friend-- 678 00:32:16,725 --> 00:32:18,226 is a lie. 679 00:32:18,259 --> 00:32:19,994 If it were true, 680 00:32:20,028 --> 00:32:21,863 why didn't he tell the deputy warden about it 681 00:32:21,896 --> 00:32:24,132 on the day he confessed? 682 00:32:24,165 --> 00:32:25,900 He never said anything at that time 683 00:32:25,934 --> 00:32:28,603 about his life being threatened. 684 00:32:28,637 --> 00:32:32,273 The defendant is suddenly hatching this necessity defense 685 00:32:32,307 --> 00:32:34,509 because he has nothing else. 686 00:32:35,310 --> 00:32:36,945 He's desperate. 687 00:32:38,146 --> 00:32:40,782 Blood, prints, 688 00:32:40,815 --> 00:32:43,585 motive, confession. 689 00:32:45,019 --> 00:32:46,888 He's desperate. 690 00:32:50,959 --> 00:32:53,428 Being in court and having you people listen to me 691 00:32:53,462 --> 00:32:56,230 has been one of the best things in my life. 692 00:32:56,264 --> 00:32:57,866 That sounds weird, right? 693 00:32:58,967 --> 00:33:00,469 I'm on trial for murder. 694 00:33:01,870 --> 00:33:05,440 But in my life, nobody ever listened to me. 695 00:33:07,141 --> 00:33:09,611 I'm not smart like Mr. Lowe. 696 00:33:09,644 --> 00:33:10,945 I wasn't good at school. 697 00:33:12,647 --> 00:33:15,850 I made a lot of stupid decisions, 698 00:33:15,884 --> 00:33:19,354 and I paid for every one of them. 699 00:33:20,389 --> 00:33:21,923 Being in prison 700 00:33:21,956 --> 00:33:24,526 is the worst thing in the world. 701 00:33:25,760 --> 00:33:27,696 Unless you've been there, you don't know. 702 00:33:28,830 --> 00:33:33,468 You lock men up, they become animals. 703 00:33:33,502 --> 00:33:36,137 I seen guys do things to each other, 704 00:33:36,170 --> 00:33:39,474 kill each other for nothing. 705 00:33:39,508 --> 00:33:43,211 When Harris told me, "Kill Baumann or be killed," 706 00:33:43,244 --> 00:33:45,514 I knew it was real. 707 00:33:47,316 --> 00:33:51,152 I could see myself lying in the shower or in the exercise yard, 708 00:33:51,185 --> 00:33:53,054 blood coming out of me. 709 00:33:53,087 --> 00:33:55,557 I knew it was me or Baumann. 710 00:33:56,891 --> 00:33:58,993 Why didn't I tell all this to the warden before? 711 00:33:59,027 --> 00:34:01,630 Because I was still in prison, 712 00:34:01,663 --> 00:34:03,898 and I still could have been killed. 713 00:34:05,700 --> 00:34:11,239 I am sorry for killing Mr. Baumann. 714 00:34:11,272 --> 00:34:12,641 I had to do it. 715 00:34:13,308 --> 00:34:15,109 I had no choice. 716 00:34:15,977 --> 00:34:18,279 If I hadn't killed Mr. Baumann, 717 00:34:18,313 --> 00:34:20,849 that man, Harris... 718 00:34:22,083 --> 00:34:23,585 ...would've killed me. 719 00:34:24,653 --> 00:34:27,389 Mr. Lowe calls me desperate. 720 00:34:29,958 --> 00:34:30,959 I am. 721 00:34:33,027 --> 00:34:34,496 Desperate now... 722 00:34:35,964 --> 00:34:38,500 ...like I was desperate then. 723 00:34:47,442 --> 00:34:49,177 Here are the cases you wanted. 724 00:34:49,210 --> 00:34:50,244 Thanks. 725 00:34:53,482 --> 00:34:55,116 She cares about you, Bobby. 726 00:34:56,851 --> 00:34:58,853 She's worried about you. We all are. 727 00:35:00,154 --> 00:35:01,990 We don't know what to do to help you. 728 00:35:05,159 --> 00:35:06,995 Thanks for the cases. 729 00:35:08,196 --> 00:35:09,964 Bobby, you attacked a man, 730 00:35:09,998 --> 00:35:11,833 physically threw him out of the office. 731 00:35:14,936 --> 00:35:17,872 You're always there to help everybody in the firm. 732 00:35:19,708 --> 00:35:22,844 But for you, Bobby, you're selfish. 733 00:35:26,948 --> 00:35:29,384 It's selfish to never let us help you. 734 00:35:46,100 --> 00:35:48,403 Now you're wearing it. 735 00:35:48,437 --> 00:35:50,004 The trial's over. 736 00:35:50,038 --> 00:35:52,040 Nothing left but the verdict, so I figured why not. 737 00:35:52,807 --> 00:35:54,108 What'd you do to your hair? 738 00:35:54,142 --> 00:35:56,110 I gave myself a little trim. 739 00:35:56,144 --> 00:35:58,780 Figured if I'm gonna look good, I should look good. 740 00:36:00,415 --> 00:36:01,983 How'd you get the haircut? 741 00:36:02,651 --> 00:36:03,752 Judge's chambers. 742 00:36:04,486 --> 00:36:05,954 Scissors. 743 00:36:05,987 --> 00:36:09,424 Old habit-- you see a potential weapon, you just grab it. 744 00:36:14,696 --> 00:36:17,098 You seem depressed. 745 00:36:17,131 --> 00:36:18,032 What's wrong? 746 00:36:19,668 --> 00:36:21,269 I wasn't kidding 747 00:36:21,303 --> 00:36:22,504 when I said that trial 748 00:36:22,537 --> 00:36:26,107 was the best thing in my life, Ellenor. 749 00:36:26,140 --> 00:36:28,009 I felt like a citizen in there. 750 00:36:29,711 --> 00:36:30,845 And now it's over? 751 00:36:31,980 --> 00:36:33,348 Now it's over. 752 00:36:36,050 --> 00:36:38,487 Baumann was real popular. 753 00:36:38,520 --> 00:36:40,755 If I go back to prison, I will be killed. 754 00:36:42,223 --> 00:36:45,093 That's why I was so desperate to have the trial now, 755 00:36:45,126 --> 00:36:46,728 even if I had to represent myself. 756 00:36:48,029 --> 00:36:49,531 A court holding cell, I survive. 757 00:36:49,564 --> 00:36:50,699 Prison, I don't. 758 00:36:51,933 --> 00:36:53,368 Well, I could try to get you 759 00:36:53,402 --> 00:36:54,469 into protective custody. 760 00:36:54,503 --> 00:36:56,538 No. I am not going back. 761 00:36:57,939 --> 00:37:00,342 Ray, even if you win here, 762 00:37:00,375 --> 00:37:03,111 you still have the remaining sentence on the robbery. 763 00:37:03,144 --> 00:37:06,180 Ellenor, I am not going back. 764 00:37:16,325 --> 00:37:17,459 Where's the guard? 765 00:37:22,564 --> 00:37:25,600 Oh, my God! Ray! 766 00:37:28,370 --> 00:37:30,772 Judge Mantz should be careful about his scissors. 767 00:37:33,842 --> 00:37:35,910 Ellenor, I have the guard's gun. 768 00:37:37,111 --> 00:37:40,114 If you make a noise, I will have to kill you. 769 00:37:41,950 --> 00:37:44,786 You will never get out of here. 770 00:37:44,819 --> 00:37:47,589 Court security faces the entrances, not the exits. 771 00:37:47,622 --> 00:37:49,758 They don't check guys as they're leaving... 772 00:37:52,294 --> 00:37:54,663 Especially not guys looking like this. 773 00:38:17,652 --> 00:38:19,253 (elevator dings) 774 00:38:44,679 --> 00:38:47,449 (sniffs, exhales) It's been a long time. 775 00:38:53,322 --> 00:38:54,956 Thanks for walking me out, Ellenor. 776 00:38:55,990 --> 00:38:57,359 Not that you had a choice. 777 00:39:02,997 --> 00:39:05,667 Ask the jury what they thought of my closing. 778 00:39:05,700 --> 00:39:07,569 Maybe they have some suggestions for next time. 779 00:39:09,638 --> 00:39:12,941 (engine turns over) 780 00:39:25,420 --> 00:39:26,688 What? 781 00:39:30,091 --> 00:39:31,293 Oh, my God. 782 00:39:39,233 --> 00:39:43,237 Uh, despite the absence of the defendant, 783 00:39:43,271 --> 00:39:47,376 the law requires taking the verdict in open court. 784 00:39:49,478 --> 00:39:52,146 Mr. Foreman, to the charge of murder in the first degree, 785 00:39:52,180 --> 00:39:53,515 how say you? 786 00:39:55,884 --> 00:40:00,589 Your Honor, we find the defendant, Raymond McMurphy, 787 00:40:00,622 --> 00:40:02,256 not guilty. 788 00:40:04,393 --> 00:40:06,395 To the charge of murder in the second degree, 789 00:40:07,195 --> 00:40:09,331 we find the defendant, Raymond McMurphy... 790 00:40:10,965 --> 00:40:12,033 ...not guilty. 791 00:40:17,606 --> 00:40:18,973 MANTZ: It is my practice-- 792 00:40:20,008 --> 00:40:21,810 I usually thank the jury 793 00:40:21,843 --> 00:40:24,779 for its service on behalf of the parties... 794 00:40:27,148 --> 00:40:27,916 the defendant... 795 00:40:30,452 --> 00:40:32,421 but at this point... 796 00:40:34,756 --> 00:40:36,358 I think we're done. 797 00:40:36,391 --> 00:40:37,459 (gavel bangs) 798 00:40:51,172 --> 00:40:53,508 ...considered armed, extremely dangerous, 799 00:40:53,542 --> 00:40:55,310 and obviously resourceful. 800 00:40:55,344 --> 00:40:57,011 Meanwhile, questions remain 801 00:40:57,045 --> 00:40:59,714 as to how a prisoner could so easily escape detection, 802 00:40:59,748 --> 00:41:02,617 especially since security has recently been heightened. 803 00:41:04,152 --> 00:41:07,889 Incredible. The man actually walked out. 804 00:41:08,957 --> 00:41:10,024 (sighs) 805 00:41:11,793 --> 00:41:13,728 Listen, if you want, 806 00:41:13,762 --> 00:41:16,197 I'll help you draft that complaint for the lawsuit. 807 00:41:18,266 --> 00:41:19,167 Thanks. 808 00:41:19,200 --> 00:41:20,702 I did some research, 809 00:41:20,735 --> 00:41:22,170 and the law's not bad for us. 810 00:41:22,203 --> 00:41:23,505 And a lawsuit could make them 811 00:41:23,538 --> 00:41:26,375 provide more protection for other lawyers. 812 00:41:26,408 --> 00:41:27,609 Nobody should-- 813 00:41:27,642 --> 00:41:29,678 There isn't going to be any lawsuit. 814 00:41:31,980 --> 00:41:33,181 Not now anyway. 815 00:41:34,983 --> 00:41:36,250 Oh. 816 00:41:36,284 --> 00:41:39,721 I can always file one later... or not. 817 00:41:39,754 --> 00:41:42,123 The statute of limitations doesn't run out for a year. 818 00:41:42,824 --> 00:41:43,925 Okay. 819 00:41:50,499 --> 00:41:52,467 I don't know if I can do this anymore. 820 00:41:53,402 --> 00:41:55,937 Bobby... Lindsay, that day in the cell 821 00:41:55,970 --> 00:41:58,973 right before I passed out, I knew, 822 00:41:59,007 --> 00:42:02,243 without a shadow of doubt, that I was gonna die. 823 00:42:05,747 --> 00:42:07,749 And I would never see our son again... 824 00:42:11,285 --> 00:42:13,388 ...that I would never see you again. 825 00:42:19,661 --> 00:42:23,432 I can't stop being a lawyer, Lindsay. 826 00:42:30,605 --> 00:42:32,106 But I'm scared. 827 00:42:34,142 --> 00:42:36,044 And I don't know what to do about that. 828 00:42:41,350 --> 00:42:42,417 I do. 829 00:43:02,036 --> 00:43:03,938 BOBBY: Next, on The Practice: 830 00:43:03,972 --> 00:43:08,109 It was long before I became the "esteemed Chief Judge Fleming," 831 00:43:08,142 --> 00:43:12,080 winner of the State Bar Association's Lifetime Acievement Award. 832 00:43:12,113 --> 00:43:14,549 We have reason to believe His Honor has been accepting bribes. 833 00:43:14,583 --> 00:43:16,985 Have you approached any of the attorneys in those cases, 834 00:43:17,018 --> 00:43:18,387 spoken with anyone upstairs? 835 00:43:18,420 --> 00:43:21,456 We prefer, in these matters, to handle this through a sting. 836 00:43:21,490 --> 00:43:23,925 We create a case, and then we assign it to an attorney 837 00:43:23,958 --> 00:43:25,460 who we think might be involved. 838 00:43:25,494 --> 00:43:27,195 You think I'm somehow in on this? 839 00:43:27,228 --> 00:43:29,464 You have a very impressive track record 840 00:43:29,498 --> 00:43:30,699 in front of Judge Fleming. 841 00:43:30,732 --> 00:43:32,200 Get out of my office! 842 00:43:34,403 --> 00:43:36,505 (music playing) 843 00:44:00,795 --> 00:44:01,796 You stinker! 60770

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