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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.
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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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