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1
00:00:01,334 --> 00:00:03,804
I'm not sure how I'll react
on the witness stand.
2
00:00:03,837 --> 00:00:06,607
Patricia,
I know you can do it.
3
00:00:06,640 --> 00:00:08,809
Mr. MacIntyre--
4
00:00:10,577 --> 00:00:12,112
He was like an uncle to me.
5
00:00:12,145 --> 00:00:14,147
This man killed your father.
6
00:00:16,116 --> 00:00:19,152
I don't want to sound flip,
but that isn't much of an uncle.
7
00:00:19,185 --> 00:00:21,888
You said that he was linked
to organized crime.
8
00:00:21,922 --> 00:00:24,490
You said
that he's killed before.
9
00:00:24,525 --> 00:00:27,594
And I've tried convicting
him once before,
10
00:00:27,628 --> 00:00:30,330
so I'm taking a real personal
interest in this case.
11
00:00:31,131 --> 00:00:32,866
But you have to remember,
12
00:00:32,899 --> 00:00:35,702
the judge ruled MacIntyre's
priors inadmissible.
13
00:00:37,437 --> 00:00:39,139
The jury can't hear
about his record.
14
00:00:40,774 --> 00:00:44,911
Look, there's something else
we should discuss.
15
00:00:44,945 --> 00:00:47,981
One of our witnesses--
the better of the two--
16
00:00:48,014 --> 00:00:50,016
just left town.
17
00:00:50,050 --> 00:00:51,852
Her mother's
in critical condition
18
00:00:51,885 --> 00:00:53,854
after a car accident
in Florida.
19
00:00:53,887 --> 00:00:55,155
Meaning?
20
00:00:55,188 --> 00:00:58,024
Well, if we're unable
to get her back in time,
21
00:00:58,058 --> 00:01:01,261
we'll be depending even more
on your testimony,
22
00:01:01,294 --> 00:01:05,498
as well as the testimony of the
other witness, Charles Rossi.
23
00:01:05,532 --> 00:01:08,268
Mr. Rossi--
"Charlie's" good enough.
24
00:01:08,301 --> 00:01:09,402
Bobby Donnell.
25
00:01:09,435 --> 00:01:12,072
Appreciate you coming in.
Please, sit down.
26
00:01:15,075 --> 00:01:18,612
It's been a long day.
I'll get straight to it.
27
00:01:18,645 --> 00:01:21,782
We've been trying to get a hold
of you for over two months.
28
00:01:21,815 --> 00:01:23,249
Suddenly you call
out of the blue
29
00:01:23,283 --> 00:01:24,585
and ask to see us right away.
30
00:01:24,618 --> 00:01:26,452
What's going on?
31
00:01:28,188 --> 00:01:31,424
I've never been asked to be
a witness in a trial,
32
00:01:31,457 --> 00:01:33,660
so I didn't know what to do,
33
00:01:33,694 --> 00:01:36,997
but the guy I fingered
for the murder--
34
00:01:37,030 --> 00:01:38,765
he didn't do it.
35
00:01:41,635 --> 00:01:43,504
What do you mean,
"didn't do it"?
36
00:01:43,537 --> 00:01:44,838
He's not the guy.
37
00:01:44,871 --> 00:01:46,840
Look, I originally picked him
38
00:01:46,873 --> 00:01:49,743
out of a bunch of photographs,
and I was wrong.
39
00:01:50,877 --> 00:01:52,879
And how did you come
to realize this?
40
00:01:52,913 --> 00:01:55,481
Today's newspaper.
I saw MacIntyre's picture.
41
00:01:55,516 --> 00:01:57,784
The guy that night--
he looked different.
42
00:01:59,686 --> 00:02:01,221
Did you tell
the district attorney?
43
00:02:01,254 --> 00:02:05,225
No. I wasn't sure where to go.
44
00:02:05,258 --> 00:02:07,828
You are the ones representing
MacIntyre, right?
45
00:02:09,229 --> 00:02:11,732
Mr. Rossi-- Charlie--
46
00:02:11,765 --> 00:02:13,834
you testified
before the Grand Jury
47
00:02:13,867 --> 00:02:16,603
that you saw our client leaving
the scene of the crime.
48
00:02:16,637 --> 00:02:19,840
Now you're telling me
that you were mistaken.
49
00:02:19,873 --> 00:02:21,542
What's to say you won't change
your testimony tomorrow
50
00:02:21,575 --> 00:02:23,443
when you take the stand?
51
00:02:23,476 --> 00:02:27,247
Mr. Donnell, this guy,
MacIntyre
52
00:02:27,280 --> 00:02:29,750
didn't kill anyone here.
53
00:02:29,783 --> 00:02:31,417
And I don't think
someone should go to jail
54
00:02:31,451 --> 00:02:32,753
for something they didn't do.
55
00:02:42,629 --> 00:02:44,397
What do you think?
56
00:02:44,430 --> 00:02:46,800
I think we don't look
a gift horse in the mouth.
57
00:02:48,001 --> 00:02:49,069
How about getting a statement?
58
00:02:49,102 --> 00:02:51,137
Not on our client's life.
59
00:02:51,171 --> 00:02:53,206
We'd be obligated
to tell the DA.
60
00:02:54,908 --> 00:02:58,612
This is Michael MacIntyre's
lucky day.
61
00:03:03,049 --> 00:03:06,052
(music playing)
62
00:03:54,167 --> 00:03:57,403
We have been over this.
I want to take the stand.
63
00:03:57,437 --> 00:03:59,139
You do that,
and your record could come in.
64
00:03:59,172 --> 00:04:01,307
I don't care!
You should care.
65
00:04:01,341 --> 00:04:04,277
You were tried once for killing
your former business partner,
66
00:04:04,310 --> 00:04:05,311
and now you're on trial
67
00:04:05,345 --> 00:04:07,548
for killing your current
business partner.
68
00:04:07,581 --> 00:04:10,083
Even though you were acquitted,
there's a chance
69
00:04:10,116 --> 00:04:12,686
the judge would let
the prosecution ask about it.
70
00:04:12,719 --> 00:04:13,754
Jimmy's right.
71
00:04:13,787 --> 00:04:15,756
We do not want to open the door
on prior bad acts
72
00:04:15,789 --> 00:04:16,990
or pattern evidence.
73
00:04:17,858 --> 00:04:20,426
Look, there is good news.
74
00:04:20,460 --> 00:04:22,663
One of their witnesses,
a man named Charles Rossi,
75
00:04:22,696 --> 00:04:24,264
came to our office last night
76
00:04:24,297 --> 00:04:26,332
and told us
he misidentified you.
77
00:04:28,669 --> 00:04:29,870
Thank God.
78
00:04:29,903 --> 00:04:31,104
Don't get too excited.
79
00:04:31,137 --> 00:04:33,139
The prosecution still has
another witness.
80
00:04:33,173 --> 00:04:35,642
Well, didn't they just
lose half their case?
81
00:04:40,747 --> 00:04:42,516
Michael, we need to ask.
82
00:04:44,250 --> 00:04:47,287
Any idea why this witness
is backing off his ID?
83
00:04:49,022 --> 00:04:53,126
You think I threatened him?
I'm sitting in prison.
84
00:04:53,159 --> 00:04:55,461
As officers of the court,
we can't get involved
85
00:04:55,495 --> 00:04:58,298
in any kind of conspiracy
to threaten a witness.
86
00:04:58,331 --> 00:05:02,335
Look, I hung
with the wrong kind.
87
00:05:02,368 --> 00:05:04,838
I made some big mistakes.
88
00:05:04,871 --> 00:05:07,974
But I haven't been connected
to any of that in years.
89
00:05:08,008 --> 00:05:10,210
Then why would he come to us
instead of the DA?
90
00:05:10,243 --> 00:05:12,513
How do I know?!
I don't know!
91
00:05:12,546 --> 00:05:15,048
For the last time,
I didn't threaten anyone!
92
00:05:15,081 --> 00:05:18,018
Okay.
No, it's not okay.
93
00:05:18,051 --> 00:05:21,555
I need to know that you're gonna
be there fighting for me.
94
00:05:22,823 --> 00:05:24,825
Michael, you hired us
to do a job.
95
00:05:27,160 --> 00:05:28,494
We'll do that job.
96
00:05:30,063 --> 00:05:33,567
I just want to make sure that
you're comfortable with me.
97
00:05:39,039 --> 00:05:40,574
Philly, what happened?
98
00:05:41,975 --> 00:05:44,277
I was walking past
this jewelry store,
99
00:05:44,310 --> 00:05:46,680
and I saw
the most beautiful watch.
100
00:05:46,713 --> 00:05:48,649
I-I couldn't help myself.
101
00:05:48,682 --> 00:05:51,752
You've never done anything
like this.
102
00:05:51,785 --> 00:05:53,587
You scalp tickets.
You run poker games.
103
00:05:53,620 --> 00:05:56,723
I know, I know, but the watch--
it was a Breitling Chrono.
104
00:05:57,423 --> 00:06:00,260
Shiny gold plate, three dials,
the whole deal--
105
00:06:00,293 --> 00:06:01,662
goes for two large.
106
00:06:01,695 --> 00:06:04,264
And you thought you'd just waltz
out of the store with it?
107
00:06:04,297 --> 00:06:05,999
The salesman was busy
with another customer.
108
00:06:06,032 --> 00:06:07,901
I thought I could outrun him.
(coughs)
109
00:06:09,269 --> 00:06:10,904
And what's with
the written statement?
110
00:06:10,937 --> 00:06:13,006
The cops caught me
half a block away
111
00:06:13,039 --> 00:06:14,775
with the watch in my pocket.
112
00:06:16,476 --> 00:06:19,546
Philly, this just
doesn't make sense.
113
00:06:19,580 --> 00:06:21,548
You're not a thief.
I know you.
114
00:06:21,582 --> 00:06:23,784
I got desperate.
I needed the money bad,
115
00:06:23,817 --> 00:06:25,251
so I did something stupid.
116
00:06:25,285 --> 00:06:27,588
Grand larceny--
pretty stupid.
117
00:06:30,290 --> 00:06:33,026
You may not get out of this
without some time.
118
00:06:33,827 --> 00:06:34,828
How much time?
119
00:06:34,861 --> 00:06:36,830
If we go to trial,
more than if we plead,
120
00:06:36,863 --> 00:06:40,100
but I don't mean
just a couple of months
at a corrections house.
121
00:06:40,133 --> 00:06:42,636
We could be talking years
at Walpole.
122
00:06:42,669 --> 00:06:44,404
And at your age
and your condition--
123
00:06:44,437 --> 00:06:46,773
I'll do all right.
You don't worry about me.
124
00:06:48,041 --> 00:06:51,344
Philly, are you okay?
You don't look well.
125
00:06:51,377 --> 00:06:54,114
I'm just-- I'm just scared,
that's all.
126
00:06:55,582 --> 00:06:57,217
Don't worry.
I'll get to work on this.
127
00:06:59,586 --> 00:07:02,889
As you can see, I'm a little
buried at the moment.
128
00:07:02,923 --> 00:07:06,560
Just two minutes--
Philly Sidlow, grand larceny.
129
00:07:06,593 --> 00:07:09,429
Right. Um, we need to talk.
130
00:07:09,462 --> 00:07:10,964
Good, because there's no point
going to trial.
131
00:07:10,997 --> 00:07:12,866
Philly's an older guy,
he's harmless,
132
00:07:12,899 --> 00:07:14,334
all his priors are misdemeanor
ticket scalping.
133
00:07:14,367 --> 00:07:16,570
Lindsay, hold on. Um...
134
00:07:16,603 --> 00:07:18,004
The watch your client lifted--
135
00:07:18,038 --> 00:07:20,306
(sighs) We lost it.
136
00:07:20,340 --> 00:07:21,775
You lost it?
137
00:07:21,808 --> 00:07:22,976
Somewhere between booking
138
00:07:23,009 --> 00:07:24,978
and the evidence room,
it disappeared.
139
00:07:25,011 --> 00:07:28,749
You know, quite frankly, I
would like to check the wrists
of every cop in Boston.
140
00:07:28,782 --> 00:07:31,351
Then you got no case.
Don't tell me a jury
will convict without--
141
00:07:31,384 --> 00:07:34,921
Wait. Lindsay,
your guy confessed.
142
00:07:34,955 --> 00:07:37,323
And I'll argue that he was
suffering from early dementia
143
00:07:37,357 --> 00:07:39,292
and didn't know
what he was confessing to.
144
00:07:40,326 --> 00:07:41,494
Jean, come on.
145
00:07:41,528 --> 00:07:43,063
You've lost the evidence,
146
00:07:43,096 --> 00:07:45,398
and you obviously have
bigger fish to fry.
147
00:07:45,431 --> 00:07:47,433
Please? Favor bank?
148
00:07:48,802 --> 00:07:50,804
I'll owe you.
I'm serious.
149
00:07:53,206 --> 00:07:56,643
All right. I'll plead it
to petty larceny, time served.
150
00:07:56,677 --> 00:07:58,545
He walks now?
151
00:07:58,579 --> 00:08:01,214
Yes, but you do owe me.
152
00:08:01,247 --> 00:08:02,783
I'm serious.
153
00:08:05,218 --> 00:08:08,121
CHARLIE: I was leaving
the school around 8:00.
154
00:08:08,154 --> 00:08:10,857
I'm a custodian at John Adams.
155
00:08:10,891 --> 00:08:13,594
I was walking down Holden
on my way to the bus,
156
00:08:13,627 --> 00:08:16,029
when I saw this guy
coming out of the house.
157
00:08:16,062 --> 00:08:17,564
Did you get
a good look at him?
158
00:08:17,598 --> 00:08:19,132
Yeah, I did.
159
00:08:19,165 --> 00:08:21,201
Do you see the man here
in the courtroom?
160
00:08:22,536 --> 00:08:23,537
No.
161
00:08:26,540 --> 00:08:31,244
Mr. Rossi, is the man you
identified for the police
162
00:08:31,277 --> 00:08:34,815
and the District Attorney
present today in this courtroom?
163
00:08:34,848 --> 00:08:38,351
The guy I identified is sitting
right over there,
164
00:08:38,384 --> 00:08:40,320
but what I'm trying
to tell you is
165
00:08:40,353 --> 00:08:42,656
that's not who I saw
running that night.
166
00:08:42,689 --> 00:08:45,892
Mr. Rossi, did you
or did you not testify
167
00:08:45,926 --> 00:08:49,129
in front of the Grand Jury one
month after Mr. Hayden's murder?
168
00:08:49,162 --> 00:08:51,765
I did.
While in front
of the Grand Jury...
169
00:08:53,166 --> 00:08:55,602
...were these
your truthful responses?
170
00:08:55,636 --> 00:08:58,471
"Question-- 'Is this the man
you saw running
171
00:08:58,505 --> 00:09:00,541
from Mr. Hayden's house?'
172
00:09:00,574 --> 00:09:02,475
Answer-- 'Yes.'
173
00:09:02,509 --> 00:09:04,845
Question-- 'Are you sure?'
174
00:09:04,878 --> 00:09:08,749
Answer-- 'One hundred
percent sure.'"
175
00:09:08,782 --> 00:09:14,154
Now, Mr. Rossi,
were those your responses?
176
00:09:14,187 --> 00:09:16,056
Yes.
177
00:09:16,089 --> 00:09:18,424
Do you remember sitting
in my office two days ago,
178
00:09:18,458 --> 00:09:20,627
discussing this case?
Listen...
179
00:09:20,661 --> 00:09:24,865
I saw Mr. MacIntyre's
photo in the newspaper
yesterday morning,
180
00:09:24,898 --> 00:09:27,433
and he just isn't
who I saw that night.
181
00:09:27,467 --> 00:09:30,637
That night you were five feet
from the suspect
182
00:09:30,671 --> 00:09:32,105
on a well-lit street.
183
00:09:32,138 --> 00:09:33,974
Now you are changing your mind
184
00:09:34,007 --> 00:09:37,578
after seeing a black-and-white
newspaper photo?
185
00:09:37,611 --> 00:09:39,145
Yes.
186
00:09:39,179 --> 00:09:42,415
Did you discuss with anyone
your appearance here today?
187
00:09:42,448 --> 00:09:46,753
I talked to my sister
and Mr. Donnell and Mr. Berluti.
188
00:09:46,787 --> 00:09:50,256
You told defense counsel
but not the prosecution?
189
00:09:50,290 --> 00:09:52,726
Their names were in the paper
along with MacIntyre.
190
00:09:52,759 --> 00:09:54,360
I thought they should know.
191
00:09:54,394 --> 00:09:59,199
Mr. Rossi, were you paid to
change your testimony today?
192
00:09:59,232 --> 00:10:02,268
No.
Were you threatened
into doing so?
193
00:10:02,302 --> 00:10:04,037
No. Why don't you understand?
194
00:10:04,070 --> 00:10:05,972
You people have got
the wrong guy,
195
00:10:06,006 --> 00:10:07,608
and I'm just trying to do
the right thing.
196
00:10:07,641 --> 00:10:10,110
Your Honor, I have nothing
further for this witness.
197
00:10:10,143 --> 00:10:12,212
People reserve
the right to recall.
198
00:10:12,245 --> 00:10:14,881
Very well, then.
We'll reconvene in the morning.
199
00:10:14,915 --> 00:10:16,116
(bangs gavel)
200
00:10:24,925 --> 00:10:26,960
(sighs)
201
00:10:26,993 --> 00:10:28,962
What the hell was that?
HELEN: How do I know?
202
00:10:28,995 --> 00:10:30,997
Two days ago the guy was
completely on board,
203
00:10:31,031 --> 00:10:33,199
but now he's either
confused or scared.
204
00:10:33,233 --> 00:10:35,268
He was reached by MacIntyre,
damn it,
205
00:10:35,301 --> 00:10:37,303
and you couldn't pull him back.
206
00:10:37,337 --> 00:10:40,140
Yesterday we had two witnesses
who could make MacIntyre.
207
00:10:40,173 --> 00:10:42,242
Today one's pissed back on us,
208
00:10:42,275 --> 00:10:44,678
and the other one's in Florida,
for God's sake!
209
00:10:46,379 --> 00:10:49,082
I want you to get
a material-witness warrant
210
00:10:49,115 --> 00:10:51,818
and have the Florida sheriff
pick that woman up now.
211
00:10:51,852 --> 00:10:53,554
I've already threatened her
with that.
212
00:10:53,587 --> 00:10:56,189
She says if we follow through
she won't talk at all.
213
00:10:56,222 --> 00:10:57,791
How bad is her mother?
214
00:10:57,824 --> 00:10:59,760
Day-to-day.
Who knows?
215
00:11:01,027 --> 00:11:03,797
Listen, I know you've
never fully recovered
216
00:11:03,830 --> 00:11:05,699
from the earlier case
where MacIntyre--
217
00:11:05,732 --> 00:11:07,033
Where's Rossi now?
218
00:11:07,067 --> 00:11:09,202
We've still got him.
He's outside.
219
00:11:10,704 --> 00:11:12,005
Get him in here.
220
00:11:13,907 --> 00:11:16,142
They lost the watch?
221
00:11:16,176 --> 00:11:18,178
Somebody at the police station
must have cuffed it.
222
00:11:18,211 --> 00:11:20,313
Then, what-- I'm looking
at a couple of months?
223
00:11:20,346 --> 00:11:25,185
Philly, they pled it down
to a misdemeanor.
224
00:11:25,218 --> 00:11:27,187
You don't have to serve
any time.
225
00:11:27,220 --> 00:11:29,523
But I copped to it.
I confessed.
226
00:11:29,556 --> 00:11:31,124
You're not understanding me.
227
00:11:31,157 --> 00:11:34,995
Once the plea is entered,
the case is over.
228
00:11:36,563 --> 00:11:38,031
I was just--
229
00:11:38,064 --> 00:11:41,502
(exhales) This-- this
threw me for a loop is all.
230
00:11:41,535 --> 00:11:44,370
Here I was--
I was thinking "Walpole,"
231
00:11:44,404 --> 00:11:47,140
and you gave me a second life.
232
00:11:47,173 --> 00:11:49,342
I appreciate you
getting me kicked.
233
00:11:49,375 --> 00:11:51,044
You dodged a bullet.
234
00:11:52,378 --> 00:11:53,947
Stay away from this kind
of thing, okay?
235
00:11:53,980 --> 00:11:55,381
Yeah, yeah.
236
00:11:57,250 --> 00:11:59,620
What are you talking about?
Why would I need a lawyer?
237
00:11:59,653 --> 00:12:03,724
Perjury carries a maximum
sentence of 20 years, Mr. Rossi.
238
00:12:03,757 --> 00:12:07,027
What perjury?
I made a mistake, that's all.
239
00:12:07,060 --> 00:12:09,129
We don't think so.
240
00:12:10,230 --> 00:12:11,164
Are you going to arrest me?
241
00:12:11,197 --> 00:12:12,498
'Cause if you're not,
I'm leaving.
242
00:12:12,533 --> 00:12:13,767
Sit down.
243
00:12:13,800 --> 00:12:14,735
I don't have to stay
if you're not gonna--
244
00:12:14,768 --> 00:12:16,036
Sit down and shut up.
245
00:12:24,545 --> 00:12:26,079
You think you're smarter
than me.
246
00:12:26,112 --> 00:12:28,281
Prisons are full of guys
247
00:12:28,314 --> 00:12:30,651
who thought
they were smarter than me.
248
00:12:30,684 --> 00:12:32,719
I'm the chief prosecutor
for the DA,
249
00:12:32,753 --> 00:12:36,456
and that means I have
the authority to do
whatever I want.
250
00:12:37,891 --> 00:12:40,026
You just screwed me over
in this case,
251
00:12:40,060 --> 00:12:41,695
and if MacIntyre walks
because of it,
252
00:12:41,728 --> 00:12:44,197
I'm gonna take that
very personally.
253
00:12:44,230 --> 00:12:45,866
And here's what'll happen--
254
00:12:45,899 --> 00:12:49,369
first, I'll open
a grand jury investigation,
255
00:12:49,402 --> 00:12:52,372
and I'll subpoena everyone
who hates your guts.
256
00:12:52,405 --> 00:12:56,510
And when I'm through with them,
you will be indicted for perjury
257
00:12:56,543 --> 00:12:58,411
and obstruction of justice.
258
00:12:58,444 --> 00:13:00,380
Then I'm gonna convict
your ass
259
00:13:00,413 --> 00:13:04,050
and personally recommend
the maximum sentence be doubled.
260
00:13:04,084 --> 00:13:08,188
And off you'll go to the
toughest prison in the state,
261
00:13:08,221 --> 00:13:11,592
where I'll see to it
that you're thrown
into the general population
262
00:13:11,625 --> 00:13:13,760
for the length of your term.
263
00:13:15,529 --> 00:13:19,032
Whatever weight you're feeling
from the other side,
264
00:13:19,065 --> 00:13:22,335
it's nothing compared to
the load I'm going to bring.
265
00:13:26,339 --> 00:13:27,641
Mr. Rossi...
266
00:13:31,277 --> 00:13:33,980
Okay. Well...
267
00:13:36,416 --> 00:13:37,818
Let me think about it.
268
00:13:37,851 --> 00:13:39,686
You have seven hours.
269
00:13:39,720 --> 00:13:41,988
If you need protection,
we'll give it to you.
270
00:13:42,022 --> 00:13:45,959
And I'm sure you'll do--
how did you put it--
271
00:13:45,992 --> 00:13:47,227
the right thing?
272
00:13:47,260 --> 00:13:48,795
Yeah.
273
00:13:49,996 --> 00:13:51,164
Can I go now?
274
00:13:51,197 --> 00:13:52,298
Sure.
275
00:14:01,575 --> 00:14:03,009
Hope this works.
276
00:14:03,610 --> 00:14:04,845
It better.
277
00:14:18,992 --> 00:14:19,960
How you doing?
278
00:14:19,993 --> 00:14:23,096
I'm missing a three-hour
lecture on Chaucer.
279
00:14:24,197 --> 00:14:25,899
The Wife of Bath's tale
is the best.
280
00:14:25,932 --> 00:14:27,701
It's the bawdiest one.
281
00:14:30,671 --> 00:14:32,272
You're gonna do great
up there.
282
00:14:34,107 --> 00:14:35,809
I know it didn't go well
yesterday, but...
283
00:14:37,711 --> 00:14:39,179
...I'm ready to testify,
Ms. Gamble.
284
00:14:39,212 --> 00:14:40,747
I'm really ready.
285
00:14:40,781 --> 00:14:41,948
I know.
286
00:14:48,789 --> 00:14:52,593
Mr. MacIntyre was my dad's
business partner.
287
00:14:52,626 --> 00:14:55,996
They owned three body shops
together for almost five years.
288
00:14:56,029 --> 00:14:58,298
How would you characterize
their relationship?
289
00:14:58,331 --> 00:15:03,169
It started off fine,
but just before my dad
was killed,
290
00:15:03,203 --> 00:15:05,405
he told me that--
Objection-- hearsay.
291
00:15:05,438 --> 00:15:06,940
Sustained.
292
00:15:06,973 --> 00:15:09,843
Patricia, did you
ever overhear
293
00:15:09,876 --> 00:15:11,645
the defendant
threaten your father?
294
00:15:11,678 --> 00:15:15,148
Yes. Two days
before he was killed.
295
00:15:15,181 --> 00:15:17,851
I came home early from school.
296
00:15:17,884 --> 00:15:20,921
I went into the kitchen
through the back door.
297
00:15:20,954 --> 00:15:24,124
My father and Mr. MacIntyre
were in the next room arguing.
298
00:15:24,157 --> 00:15:25,659
Was it a violent fight?
299
00:15:25,692 --> 00:15:28,361
Yes. There was a lot
of screaming.
300
00:15:28,394 --> 00:15:29,763
I didn't hear everything,
301
00:15:29,796 --> 00:15:33,299
but my father was accusing
Mr. MacIntyre of stealing money
302
00:15:33,333 --> 00:15:35,268
and doctoring the books.
303
00:15:35,301 --> 00:15:37,103
He said he was going to sue.
304
00:15:37,137 --> 00:15:38,772
What did the defendant say?
305
00:15:39,640 --> 00:15:41,675
He was really mad.
306
00:15:41,708 --> 00:15:43,610
He told my dad that he
could go ahead and sue
307
00:15:43,644 --> 00:15:45,612
but that he wouldn't live
to see it through,
308
00:15:45,646 --> 00:15:47,280
that he'd kill him first.
309
00:15:47,313 --> 00:15:50,083
Ms. Hayden,
tell us what happened
310
00:15:50,116 --> 00:15:52,152
the night
your father was killed.
311
00:15:52,185 --> 00:15:54,154
I came home late.
312
00:15:56,022 --> 00:15:59,760
I went inside and
found my father lying
on the kitchen floor.
313
00:16:00,594 --> 00:16:03,163
There was blood everywhere.
314
00:16:03,196 --> 00:16:06,733
And he was-- he was gulping
for air, trying to breathe.
315
00:16:08,434 --> 00:16:13,540
By the time the EMTs arrived,
it was too late.
316
00:16:16,877 --> 00:16:20,280
You say your father thought
my client was stealing
from his business.
317
00:16:20,313 --> 00:16:21,815
Did he go to the police?
318
00:16:21,848 --> 00:16:24,785
My father always gave people
the benefit of the doubt.
319
00:16:24,818 --> 00:16:27,487
He had no proof
Mr. MacIntyre was stealing.
320
00:16:27,521 --> 00:16:30,557
So it's possible there was no
theft on my client's part?
321
00:16:30,591 --> 00:16:32,593
I only know
what I heard that night.
322
00:16:32,626 --> 00:16:35,261
And you say Mr. MacIntyre
threatened your father's life.
323
00:16:35,295 --> 00:16:37,330
You believed that was a serious
threat, didn't you?
324
00:16:37,363 --> 00:16:38,498
Yes.
325
00:16:38,532 --> 00:16:40,133
Why didn't you report this
326
00:16:40,166 --> 00:16:42,035
serious threat to the police?
327
00:16:42,068 --> 00:16:43,704
My father said
he wasn't afraid.
328
00:16:43,737 --> 00:16:45,839
In fact, you only reported
this argument
329
00:16:45,872 --> 00:16:48,141
weeks after your father died.
330
00:16:48,174 --> 00:16:50,176
At first the police told me
331
00:16:50,210 --> 00:16:52,412
my father was the victim
of an intruder.
332
00:16:53,580 --> 00:16:54,915
But I didn't believe it.
333
00:16:54,948 --> 00:16:57,417
Why not? Your house
has been burglarized twice
334
00:16:57,450 --> 00:16:58,952
in the last three years,
isn't that correct?
335
00:16:58,985 --> 00:17:00,521
Yes, but--
336
00:17:00,554 --> 00:17:02,288
And six weeks
before your father died,
337
00:17:02,322 --> 00:17:04,925
you called the police to report
someone looking in your window.
338
00:17:04,958 --> 00:17:06,760
Isn't that correct?
My father wasn't--
339
00:17:06,793 --> 00:17:10,030
The police felt your father was
killed confronting a burglar
340
00:17:10,063 --> 00:17:11,998
until you convinced them
otherwise.
341
00:17:12,032 --> 00:17:13,734
It wasn't a burglar.
342
00:17:14,801 --> 00:17:18,204
Ms. Hayden...
I feel for your loss,
343
00:17:18,238 --> 00:17:22,543
but isn't it possible that
you're wrong about my client?
344
00:17:22,576 --> 00:17:23,677
No.
345
00:17:23,710 --> 00:17:25,411
There is no direct evidence
346
00:17:25,445 --> 00:17:28,414
linking Mr. MacIntyre
to your father's death.
347
00:17:28,448 --> 00:17:31,985
One witness even recanted,
admitting he made a mistake.
348
00:17:33,486 --> 00:17:36,489
Isn't it possible
you made one, too?
349
00:17:47,701 --> 00:17:48,935
(door opens)
350
00:17:51,605 --> 00:17:52,773
Philly...
351
00:17:52,806 --> 00:17:54,775
Listen, I--
I got jammed up again.
352
00:17:54,808 --> 00:17:58,178
I'm really busy.
I held up a convenience store.
353
00:18:00,313 --> 00:18:02,849
Lucy, will you get the
Vorenbergs some coffee,
maybe something to eat?
354
00:18:02,883 --> 00:18:05,919
That'll go over big since you
were 40 minutes late starting.
355
00:18:05,952 --> 00:18:07,187
Just stall.
356
00:18:11,625 --> 00:18:14,260
Philly, what's going on?
357
00:18:14,294 --> 00:18:15,495
What's with you?
358
00:18:15,529 --> 00:18:17,564
I told you, I need money.
I'm desperate.
359
00:18:17,598 --> 00:18:19,299
That wasn't just going away.
360
00:18:19,332 --> 00:18:20,801
(sighs)
361
00:18:20,834 --> 00:18:24,470
You held up a store.
Did anyone get hurt?
362
00:18:24,505 --> 00:18:27,908
No. I could go
to the federal pen
for this, right?
363
00:18:27,941 --> 00:18:30,476
No, this is a state crime.
What's the difference?
364
00:18:30,511 --> 00:18:33,847
To get sent to federal prison,
you have to commit a federal
crime, like robbing a bank.
365
00:18:33,880 --> 00:18:36,182
Look-- forget that.
But how much time
am I looking at?
366
00:18:36,216 --> 00:18:38,919
Did you use a gun?
It depends.
367
00:18:38,952 --> 00:18:40,787
What?
Yeah, okay, I used a gun.
368
00:18:40,821 --> 00:18:42,856
When did you do this,
last night?
369
00:18:42,889 --> 00:18:44,124
Does it make a difference?
370
00:18:45,391 --> 00:18:47,761
Philly, you're not making
any sense.
371
00:18:47,794 --> 00:18:49,930
Lindsay, please,
just help me out here.
372
00:18:51,598 --> 00:18:53,466
Look, if you're in trouble
or you need money,
373
00:18:53,499 --> 00:18:54,968
maybe I can help,
374
00:18:55,001 --> 00:18:58,004
but only if you tell me
what's really going on.
375
00:18:59,105 --> 00:19:00,340
(door opens)
376
00:19:00,373 --> 00:19:01,675
I'm losing the Vorenbergs.
377
00:19:01,708 --> 00:19:04,010
Should I move on to card tricks
or balloon animals?
378
00:19:04,044 --> 00:19:05,512
I'll be right there.
379
00:19:05,546 --> 00:19:06,913
I need to think about this.
380
00:19:06,947 --> 00:19:08,982
W-Where are you--
I gotta go.
381
00:19:12,586 --> 00:19:13,654
Philly!
382
00:19:13,687 --> 00:19:15,922
(door opens, shuts)
383
00:19:21,562 --> 00:19:23,463
(sirens wailing)
384
00:19:23,496 --> 00:19:24,865
(indistinct chatter)
385
00:19:32,338 --> 00:19:34,741
I had a uniformed officer
waiting at his place all day,
386
00:19:34,775 --> 00:19:36,843
but he never showed.
387
00:19:36,877 --> 00:19:38,545
Then we got this call.
388
00:19:40,581 --> 00:19:41,882
Shot once in the neck.
389
00:19:43,617 --> 00:19:46,352
Probably bled out
in only a few minutes.
Witnesses?
390
00:19:46,386 --> 00:19:48,254
We're canvassing,
but in a neighborhood like this,
391
00:19:48,288 --> 00:19:50,924
nobody sees anything.
Any leads at all?
392
00:19:52,292 --> 00:19:53,560
His wallet's missing.
393
00:19:53,594 --> 00:19:54,795
Thanks.
394
00:20:01,502 --> 00:20:03,504
MacIntyre did this, Helen.
395
00:20:05,238 --> 00:20:07,240
I should have convicted
the bastard 12 years ago.
396
00:20:07,273 --> 00:20:09,676
He wouldn't still be running
around killing people.
397
00:20:12,546 --> 00:20:14,080
Tomorrow I'll talk
to the judge.
398
00:20:14,114 --> 00:20:15,315
I'll be with you.
399
00:20:15,348 --> 00:20:16,517
It's not a good idea.
400
00:20:16,550 --> 00:20:18,018
You and Wilcox have a history.
401
00:20:18,051 --> 00:20:19,753
I don't need you
bringing baggage in there.
402
00:20:19,786 --> 00:20:21,955
What I'll bring is the full
weight of this office.
403
00:20:21,988 --> 00:20:24,024
The judge has to respect that.
404
00:20:24,057 --> 00:20:26,126
I can handle it.
I don't need your help.
405
00:20:26,159 --> 00:20:29,029
I'll be with you, Helen.
End of story.
406
00:20:40,206 --> 00:20:43,376
So, Rossi got himself shot.
Isn't that too bad.
407
00:20:43,409 --> 00:20:45,512
Do you know anything
about this?
408
00:20:45,546 --> 00:20:46,847
Of course not.
409
00:20:46,880 --> 00:20:48,782
You're not too broken up
about it.
410
00:20:48,815 --> 00:20:50,984
What, I'm supposed to
feel bad?
411
00:20:51,017 --> 00:20:52,819
This is the guy that
caused me all my trouble.
412
00:20:54,087 --> 00:20:55,656
So, what now?
413
00:20:55,689 --> 00:20:56,857
We're thinking
this might be the time
414
00:20:56,890 --> 00:20:58,559
to reopen
plea negotiations.
415
00:20:58,592 --> 00:21:00,093
Why?
416
00:21:00,126 --> 00:21:02,362
Aren't my chances better
now than they were before?
417
00:21:02,395 --> 00:21:06,099
Yes, but there's always the risk
they find new evidence,
418
00:21:06,132 --> 00:21:08,001
and the prosecution still
has another witness--
419
00:21:08,034 --> 00:21:09,736
a woman who also says
she saw you
420
00:21:09,770 --> 00:21:11,371
coming out of Hayden's house
that night.
421
00:21:11,404 --> 00:21:13,707
I still like my chances.
422
00:21:13,740 --> 00:21:15,742
Now more than ever.
423
00:21:15,776 --> 00:21:18,178
I didn't kill Rossi,
I didn't kill Hayden.
424
00:21:19,312 --> 00:21:21,147
And I'm not pleading
to anything.
425
00:21:22,783 --> 00:21:25,485
Your Honor, I move that you
declare a mistrial
426
00:21:25,519 --> 00:21:28,088
based on manifest necessity
for a new trial.
427
00:21:28,121 --> 00:21:30,991
You can't retry my client
just because your case
is falling apart.
428
00:21:31,024 --> 00:21:34,895
If, in fact,
a witness is threatened or
killed by the defendant,
429
00:21:34,928 --> 00:21:38,565
I can declare a mistrial based
on manifest necessity,
430
00:21:38,599 --> 00:21:40,834
and there would be no violation
of double jeopardy.
431
00:21:40,867 --> 00:21:42,468
We would start
a new trial.
432
00:21:42,503 --> 00:21:44,571
My client was
in custody last night.
433
00:21:44,605 --> 00:21:46,339
Your client has extensive
criminal connections.
434
00:21:46,372 --> 00:21:47,874
Old news
and circumstantial.
435
00:21:47,908 --> 00:21:49,342
MacIntyre could have easily
had someone
436
00:21:49,375 --> 00:21:50,611
pull the trigger for him.
437
00:21:50,644 --> 00:21:52,345
That doesn't make
any sense.
438
00:21:52,378 --> 00:21:55,081
Mr. Rossi just testified
in my client's favor.
439
00:21:55,115 --> 00:21:57,951
Ms. Gamble and I talked
with Rossi after he testified.
440
00:21:57,984 --> 00:21:59,620
We believe he intended
to reverse direction
441
00:21:59,653 --> 00:22:01,522
and implicate
the defendant.
442
00:22:01,555 --> 00:22:04,324
Well, to be fair, he didn't
explicitly say that.
443
00:22:04,357 --> 00:22:06,159
I think he did.
444
00:22:06,192 --> 00:22:08,261
The defendant was trying
to lock in his testimony.
445
00:22:10,030 --> 00:22:13,399
Mr. Walsh, I am very troubled
by the death of this witness.
446
00:22:13,433 --> 00:22:15,502
But at this point, you've shown
me no evidence
447
00:22:15,536 --> 00:22:17,470
tying the defendant
to the murder.
448
00:22:17,504 --> 00:22:20,340
Even if I grant your request
for a mistrial,
449
00:22:20,373 --> 00:22:23,343
I'm afraid it won't
stand up on appeal.
450
00:22:23,376 --> 00:22:24,811
Do you have any other
witnesses?
451
00:22:24,845 --> 00:22:27,881
At this point, we intend to call
the investigating officer,
452
00:22:27,914 --> 00:22:29,883
and then we hope to call
another witness
453
00:22:29,916 --> 00:22:32,052
who saw the defendant
running from the crime scene.
454
00:22:34,287 --> 00:22:36,623
Very well.
The case will proceed.
455
00:22:43,564 --> 00:22:45,799
(sighs)
456
00:22:49,302 --> 00:22:50,737
You tied my hands in there.
457
00:22:50,771 --> 00:22:52,405
If you hadn't lied
about the witness--
458
00:22:52,438 --> 00:22:54,007
I didn't lie.
459
00:22:54,040 --> 00:22:55,842
Look, now I can't even try
for a continuance
460
00:22:55,876 --> 00:22:57,377
to get her back here.
461
00:22:57,410 --> 00:22:58,879
Wilcox wouldn't give
you one anyway.
462
00:23:02,148 --> 00:23:03,917
I'm taking over
first chair.
463
00:23:04,918 --> 00:23:07,253
Excuse me?!
464
00:23:08,789 --> 00:23:11,257
You're losing, Helen.
I'm coming in.
465
00:23:11,291 --> 00:23:13,459
You pulling rank
on me now?
Yes.
466
00:23:13,493 --> 00:23:15,796
I'm not gonna let this guy
get away twice.
467
00:23:16,997 --> 00:23:19,165
Now, I'm gonna prep
the investigating officer.
468
00:23:19,199 --> 00:23:21,001
I've done that
three times.
469
00:23:21,034 --> 00:23:22,536
But I'm taking him
on direct now...
470
00:23:22,569 --> 00:23:24,070
so I need to prep him.
471
00:23:24,104 --> 00:23:27,073
And I'd like to speak
with him...alone.
472
00:23:29,776 --> 00:23:31,311
(starts elevator)
473
00:23:37,483 --> 00:23:38,852
It says that in Hong Kong,
474
00:23:38,885 --> 00:23:40,854
a betrayed wife
is legally allowed
475
00:23:40,887 --> 00:23:42,355
to kill her adulterous
husband,
476
00:23:42,388 --> 00:23:44,024
but only with
her bare hands.
477
00:23:44,057 --> 00:23:47,093
Lucy, I'm gonna use my bare
hands if you don't stop talking.
478
00:23:47,728 --> 00:23:49,362
Has Philly Sidlow
called back?
479
00:23:49,395 --> 00:23:50,731
He doesn't know
to call back.
480
00:23:50,764 --> 00:23:52,132
He doesn't have
an answering machine.
481
00:23:52,165 --> 00:23:53,199
I can't leave
a message.
482
00:23:53,233 --> 00:23:54,668
Keep calling
until you reach him.
483
00:23:54,701 --> 00:23:56,436
I just called
ten minutes ago.
484
00:23:56,469 --> 00:23:58,304
(phone ringing)
485
00:23:58,338 --> 00:23:59,606
Okay.
486
00:23:59,640 --> 00:24:01,875
Lindsay, I've been going over
Ned Zeman's deposition--
487
00:24:01,908 --> 00:24:03,243
Eugene, can we
go over this later?
488
00:24:03,276 --> 00:24:04,945
I've got a million and one
things to do.
489
00:24:04,978 --> 00:24:06,412
Lindsay. Lindsay.
490
00:24:06,446 --> 00:24:08,148
It's him.
Him who?
491
00:24:08,181 --> 00:24:09,215
Sidlow.
492
00:24:12,152 --> 00:24:13,286
Philly,
where have you--
493
00:24:14,454 --> 00:24:16,523
What?
Okay, stop talking.
494
00:24:16,557 --> 00:24:18,992
That's right, do not say a word
to anybody until I get there.
495
00:24:19,025 --> 00:24:20,326
Yes, I'll be right there.
496
00:24:21,394 --> 00:24:23,029
How would you like to go over
the Zeman deposition
497
00:24:23,063 --> 00:24:24,064
on the way to booking?
498
00:24:24,097 --> 00:24:25,331
(sighs)
499
00:24:27,634 --> 00:24:29,536
I didn't mean for anyone
to get hurt.
500
00:24:29,570 --> 00:24:32,005
You gotta believe me.
Philly--
501
00:24:32,038 --> 00:24:33,774
You gotta tell 'em, Lindsay.
502
00:24:33,807 --> 00:24:35,909
This is very serious.
503
00:24:35,942 --> 00:24:37,243
I asked Eugene
to come with me.
504
00:24:37,277 --> 00:24:38,545
You don't have to say
it's serious.
505
00:24:38,579 --> 00:24:40,213
The cops already told me
I could get life!
506
00:24:40,246 --> 00:24:42,015
Please...
507
00:24:42,048 --> 00:24:43,984
Let's go over
what happened.
508
00:24:45,519 --> 00:24:47,153
I robbed a bank,
like Lindsay said to.
509
00:24:48,388 --> 00:24:49,355
Philly!
510
00:24:49,389 --> 00:24:51,457
I never said,
"rob a bank."
511
00:24:51,491 --> 00:24:53,259
What are you talking about?
You did!
512
00:24:53,293 --> 00:24:55,495
You even said that I could go
to federal prison if I did.
513
00:24:55,529 --> 00:24:57,263
I wasn't advising you
to commit a crime!
514
00:24:57,297 --> 00:24:59,533
All right, hold on.
515
00:24:59,566 --> 00:25:01,735
I need to know exactly
what's going on.
516
00:25:01,768 --> 00:25:03,169
(sighs)
517
00:25:04,304 --> 00:25:07,273
I've been sick.
Lindsay knows.
518
00:25:08,975 --> 00:25:10,711
I thought it was
in remission.
519
00:25:10,744 --> 00:25:13,213
Nah. The prostate--
it's spreading.
520
00:25:13,246 --> 00:25:15,148
I got this blood disease.
521
00:25:15,181 --> 00:25:16,883
I need these transfusions
all the time.
522
00:25:18,519 --> 00:25:19,753
Where are you being
treated?
523
00:25:19,786 --> 00:25:22,122
(scoffs) See, that's
the thing. I'm not.
524
00:25:22,155 --> 00:25:23,524
I got no health insurance.
525
00:25:24,625 --> 00:25:26,693
So unless I'm just
about to kick,
526
00:25:26,727 --> 00:25:28,094
I gotta wait.
527
00:25:28,128 --> 00:25:30,864
So you tried robbing a bank
to pay for an operation?
528
00:25:30,897 --> 00:25:32,365
Even if I could get the money,
529
00:25:32,398 --> 00:25:35,068
they'd still make me
wait months!
530
00:25:35,101 --> 00:25:36,770
But in federal prison,
the doctors--
531
00:25:36,803 --> 00:25:38,805
they have to work on you
right away.
532
00:25:39,940 --> 00:25:42,242
Danny Small,
from Brockton-- big hernia.
533
00:25:42,275 --> 00:25:44,244
They sent him away
for check kiting,
534
00:25:44,277 --> 00:25:46,513
and he was put under
the knife that day!
535
00:25:47,748 --> 00:25:50,150
You've been trying
to get arrested?
536
00:25:51,117 --> 00:25:53,554
I got no money,
no family.
537
00:25:53,587 --> 00:25:55,622
Only a one-room hole
in Somerville.
538
00:25:55,656 --> 00:25:57,223
They're tossing me out
up at month's end.
539
00:25:58,925 --> 00:26:00,426
And the pain
from this cancer...
540
00:26:02,829 --> 00:26:04,598
It was the only way.
541
00:26:05,699 --> 00:26:09,169
Okay... what happened today?
542
00:26:11,237 --> 00:26:13,874
I went to the bank
down the street.
543
00:26:13,907 --> 00:26:17,277
I gave the teller a note asking
her to hand over 300 bucks.
544
00:26:17,310 --> 00:26:18,879
That's all.
545
00:26:18,912 --> 00:26:21,715
But while she was putting
the money in the bag,
546
00:26:21,748 --> 00:26:23,584
this guard started
walking toward me.
547
00:26:23,617 --> 00:26:26,520
Did you have a gun?
No.
548
00:26:26,553 --> 00:26:29,890
(sighs deeply)
But the teller--
549
00:26:29,923 --> 00:26:32,659
She tried sticking one of those
dye packs in the bag--
550
00:26:32,693 --> 00:26:34,728
the kind that explode.
551
00:26:34,761 --> 00:26:36,362
Anyway, it must have gone off,
552
00:26:36,396 --> 00:26:37,731
and the guard must have
thought that--
553
00:26:38,665 --> 00:26:41,367
He pulled his gun
and fired.
554
00:26:41,401 --> 00:26:43,737
He hit the lady
standing behind me.
555
00:26:43,770 --> 00:26:45,405
What happened to her?
556
00:26:45,438 --> 00:26:47,040
I don't know.
557
00:26:49,309 --> 00:26:50,977
This could be
felony murder.
558
00:26:51,011 --> 00:26:52,412
But I didn't kill anybody!
559
00:26:52,445 --> 00:26:54,080
I told you
I didn't even have a gun!
560
00:26:54,114 --> 00:26:56,316
Doesn't matter.
If the woman's dead,
561
00:26:56,349 --> 00:26:58,218
it happened during
the commission of a crime.
562
00:26:59,653 --> 00:27:01,855
I didn't want anybody
to get killed!
563
00:27:01,888 --> 00:27:03,323
I didn't. I--
564
00:27:04,658 --> 00:27:07,027
(voice breaking)
I just wanted an operation.
565
00:27:07,060 --> 00:27:08,128
That's all.
566
00:27:08,161 --> 00:27:09,596
(crying) I mean--
567
00:27:09,630 --> 00:27:12,432
I didn't-- I--
(crying)
568
00:27:18,171 --> 00:27:20,373
Detective Simons...
569
00:27:20,406 --> 00:27:21,775
on the night Mr. Hayden
was murdered,
570
00:27:21,808 --> 00:27:23,343
was his house
burglarized?
571
00:27:23,376 --> 00:27:24,778
No.
572
00:27:24,811 --> 00:27:26,813
How can you be sure?
573
00:27:26,847 --> 00:27:29,349
For one,
there were valuables--
574
00:27:29,382 --> 00:27:31,718
jewelry, watches, money--
575
00:27:31,752 --> 00:27:33,820
in plain sight
and left untouched.
576
00:27:33,854 --> 00:27:37,357
Additionally, because of the way
that Mr. Hayden was killed.
577
00:27:37,390 --> 00:27:39,893
He was shot behind both knees
about 30 minutes before
578
00:27:39,926 --> 00:27:41,595
he was shot
in the back of the head.
579
00:27:41,628 --> 00:27:43,129
Why is that significant?
580
00:27:43,163 --> 00:27:44,965
Burglars like to get in,
581
00:27:44,998 --> 00:27:46,667
grab what they can,
and get out.
582
00:27:47,834 --> 00:27:49,002
Whoever killed Mr. Hayden
583
00:27:49,035 --> 00:27:51,204
stuck around to watch him die.
584
00:27:51,237 --> 00:27:52,806
This was personal.
585
00:27:52,839 --> 00:27:54,307
Objection.
Sustained.
586
00:27:54,340 --> 00:27:57,377
Only testify as to what
you observed, Detective.
587
00:27:57,410 --> 00:27:59,813
What other evidence
connects Mr. MacIntyre
588
00:27:59,846 --> 00:28:01,582
to Mr. Hayden's murder?
589
00:28:01,615 --> 00:28:03,884
The fact that Mr. MacIntyre
was tried for killing
590
00:28:03,917 --> 00:28:05,285
his former business
partner.
591
00:28:05,318 --> 00:28:07,554
Objection!
JUDGE: Sustained.
592
00:28:07,588 --> 00:28:10,924
I am instructing the jury
to absolutely disregard
593
00:28:10,957 --> 00:28:12,626
the last statement made
by the witness.
594
00:28:12,659 --> 00:28:14,695
Let me be clear--
595
00:28:14,728 --> 00:28:17,631
what he said was inadmissible,
inappropriate,
596
00:28:17,664 --> 00:28:19,866
and wholly irrelevant
to this case.
597
00:28:20,901 --> 00:28:22,402
You must not refer
to it in any way
598
00:28:22,435 --> 00:28:24,337
during the course
of your deliberations
599
00:28:24,370 --> 00:28:26,006
or in reaching a verdict.
600
00:28:26,039 --> 00:28:28,208
Counsel-- chambers.
601
00:28:31,912 --> 00:28:35,281
Explain to me right now
why I shouldn't declare
a mistrial.
602
00:28:35,315 --> 00:28:37,317
Your Honor, I had no idea
Detective Simons
603
00:28:37,350 --> 00:28:39,352
would bring up
Mr. MacIntyre's record.
604
00:28:39,385 --> 00:28:42,155
Who are you kidding?
This isn't even open
for debate.
605
00:28:42,188 --> 00:28:44,891
My client's entitled
to an immediate mistrial
with prejudice.
606
00:28:44,925 --> 00:28:48,061
He just instructed
the jury to ignore
the detective's comment.
607
00:28:48,094 --> 00:28:49,763
The jury will never forget
what they heard.
608
00:28:49,796 --> 00:28:51,932
There's no way our client
will get a fair trial.
609
00:28:51,965 --> 00:28:54,568
I disagree.
Of course you do.
610
00:28:54,601 --> 00:28:56,737
You did this
intentionally.
611
00:28:56,770 --> 00:28:58,639
You conspired
with the detective.
612
00:28:58,672 --> 00:29:00,440
That's completely untrue!
613
00:29:00,473 --> 00:29:02,108
Your case
was in the toilet.
614
00:29:02,142 --> 00:29:03,977
You wanted to restart
the trial.
615
00:29:04,010 --> 00:29:06,212
If you called for a mistrial,
you wouldn't get a new trial
616
00:29:06,246 --> 00:29:08,148
because double jeopardy
would attach!
617
00:29:08,181 --> 00:29:09,783
So you forced me to call
for one,
618
00:29:09,816 --> 00:29:12,018
knowing double jeopardy
would not attach.
619
00:29:12,052 --> 00:29:13,386
That's a lie, Your Honor.
620
00:29:13,419 --> 00:29:14,721
You have to dismiss
with prejudice.
621
00:29:14,755 --> 00:29:16,089
You at least need
to hold a hearing.
622
00:29:16,122 --> 00:29:18,925
I have the right to
question Walsh under oath.
623
00:29:18,959 --> 00:29:20,861
Let me save you the trouble.
624
00:29:21,662 --> 00:29:22,929
My question was innocent.
625
00:29:22,963 --> 00:29:24,598
The detective made
an error.
626
00:29:24,631 --> 00:29:26,667
I specifically instructed him
not to refer
627
00:29:26,700 --> 00:29:28,201
to MacIntyre's priors.
628
00:29:28,234 --> 00:29:30,470
In no way did I
conspire with him.
629
00:29:36,209 --> 00:29:38,779
Then I want to put
Helen Gamble on the stand.
Bobby--
630
00:29:38,812 --> 00:29:40,514
There's no allegation
of misconduct
631
00:29:40,547 --> 00:29:42,015
against Ms. Gamble.
The fact that--
632
00:29:42,048 --> 00:29:44,217
Your Honor,
Mr. Donnell would prefer
633
00:29:44,250 --> 00:29:47,087
a murderer walk
on a technicality.
634
00:29:47,120 --> 00:29:49,355
I'm sure you don't want to
be the one to grant that wish.
635
00:29:49,389 --> 00:29:51,992
Oh, don't lay this
at my doorstep.
636
00:29:52,025 --> 00:29:53,927
I'm appealing to your
sense of justice.
637
00:29:55,195 --> 00:29:57,898
When Mr. MacIntyre killed
Mr. Rossi last night,
638
00:29:57,931 --> 00:29:59,766
he spit on your court.
639
00:30:04,971 --> 00:30:07,440
When we go back out...
640
00:30:07,473 --> 00:30:10,577
I will excuse the jury
and clear the room.
641
00:30:10,611 --> 00:30:12,979
Then Ms. Gamble
will take the stand.
642
00:30:24,558 --> 00:30:26,126
As I've already stated,
643
00:30:26,159 --> 00:30:29,896
I have no proof that Mr. Walsh
intended to cause a mistrial.
644
00:30:29,930 --> 00:30:31,965
Did he ever discuss
getting a mistrial
645
00:30:31,998 --> 00:30:34,535
so he could restart
with a new trial?
646
00:30:34,568 --> 00:30:37,003
We never discussed
anything like that.
647
00:30:37,738 --> 00:30:40,273
I really don't think I can
help you here, Your Honor.
648
00:30:40,306 --> 00:30:42,543
Whatever we discussed
is work product.
649
00:30:42,576 --> 00:30:45,211
Ms. Gamble...
in your opinion,
650
00:30:45,245 --> 00:30:48,615
did Mr. Walsh intend
to cause a mistrial?
651
00:30:48,649 --> 00:30:51,051
Your Honor,
I strongly object.
652
00:30:51,084 --> 00:30:52,586
My colleague has already stated
653
00:30:52,619 --> 00:30:54,555
her opinion is completely
irrelevant
654
00:30:54,588 --> 00:30:56,122
and inadmissible
work product.
655
00:30:56,156 --> 00:30:57,624
Relax, Mr. Walsh.
656
00:30:57,658 --> 00:31:00,260
You're not on trial.
There's no jury here.
657
00:31:00,293 --> 00:31:01,895
This is a hearing,
and I would like to listen
658
00:31:01,928 --> 00:31:03,263
to what Ms. Gamble
has to say.
659
00:31:03,296 --> 00:31:06,733
Then, in principle,
I object to forcing DAs
660
00:31:06,767 --> 00:31:08,501
to testify in this manner.
661
00:31:08,535 --> 00:31:09,670
Already noted.
662
00:31:11,505 --> 00:31:13,006
Ms. Gamble.
663
00:31:13,039 --> 00:31:16,376
Your Honor, it seems the issue
does go to my opinion.
664
00:31:16,409 --> 00:31:17,878
Then I'll rephrase
the question.
665
00:31:18,945 --> 00:31:21,247
Do you have any basis
to believe
666
00:31:21,281 --> 00:31:24,818
Mr. Walsh did intend
to cause a mistrial?
667
00:31:26,119 --> 00:31:27,387
(sighs)
668
00:31:28,589 --> 00:31:30,223
Yes.
Your Honor!
669
00:31:30,256 --> 00:31:32,626
Sit down, Mr. Walsh.
670
00:31:34,828 --> 00:31:37,564
Please explain why
you believe this.
671
00:31:37,598 --> 00:31:40,767
We're having a problem
with our other witness.
672
00:31:40,801 --> 00:31:44,470
She's in Florida, tending
to her hospitalized mother.
673
00:31:44,505 --> 00:31:46,139
It was becoming clear
674
00:31:46,172 --> 00:31:49,209
she probably wouldn't make it
back in time to testify.
675
00:31:49,943 --> 00:31:51,377
On top of that,
676
00:31:51,411 --> 00:31:53,680
Mr. Walsh made sure
to exclude me
677
00:31:53,714 --> 00:31:55,649
when he prepped
Detective Simons.
678
00:31:55,682 --> 00:31:58,652
He may have been colluding
with him at that point.
679
00:32:00,220 --> 00:32:02,589
I also believe Mr. Walsh
has not been candid.
680
00:32:03,990 --> 00:32:06,660
For example,
he suggested that Mr. Rossi
681
00:32:06,693 --> 00:32:09,095
intended to implicate
MacIntyre again,
682
00:32:09,129 --> 00:32:13,567
when, in fact, he's given us
no indication either way.
683
00:32:13,600 --> 00:32:16,469
Your Honor,
I insist I be allowed
684
00:32:16,503 --> 00:32:18,138
to cross-examine Ms. Gamble.
685
00:32:20,140 --> 00:32:21,307
Your witness.
686
00:32:24,110 --> 00:32:25,979
Isn't it true
that the witness
687
00:32:26,012 --> 00:32:27,948
could have made it
back from Florida
688
00:32:27,981 --> 00:32:29,115
in time to testify?
689
00:32:29,149 --> 00:32:31,317
Possible, but unlikely.
690
00:32:31,351 --> 00:32:34,621
And isn't it also true
that we could have asked
for a continuance?
691
00:32:34,655 --> 00:32:37,591
Could have asked,
but when I raised
that possibility,
692
00:32:37,624 --> 00:32:39,159
you rejected it.
693
00:32:40,193 --> 00:32:42,495
Do you have any evidence
whatsoever
694
00:32:42,529 --> 00:32:44,330
that I discussed
anything illegal
695
00:32:44,364 --> 00:32:45,932
with Detective Simons?
696
00:32:45,966 --> 00:32:47,768
No, I don't.
697
00:32:47,801 --> 00:32:50,270
And you have no direct evidence
as to what I was thinking?
698
00:32:50,303 --> 00:32:51,605
No.
699
00:32:51,638 --> 00:32:55,441
If you believed I was
committing misconduct,
700
00:32:55,475 --> 00:32:58,779
wasn't it your duty,
as an officer of the court,
to report me?
701
00:32:58,812 --> 00:33:00,681
Maybe I should have.
702
00:33:00,714 --> 00:33:03,784
Well, there are just
two possibilities--
703
00:33:03,817 --> 00:33:05,619
Either you are complicit
in a conspiracy
704
00:33:05,652 --> 00:33:07,588
to commit obstruction
of justice...
705
00:33:08,589 --> 00:33:10,056
...or you are wrong.
706
00:33:11,424 --> 00:33:14,628
I wasn't complicit
in a conspiracy.
707
00:33:16,462 --> 00:33:18,331
But I had concerns.
708
00:33:20,934 --> 00:33:22,168
I've heard enough.
709
00:33:22,202 --> 00:33:23,469
This is still my witness,
Your Honor.
710
00:33:23,504 --> 00:33:25,639
We will take a short recess,
711
00:33:25,672 --> 00:33:27,541
after which,
I'll deliver my decision.
712
00:33:35,549 --> 00:33:37,651
Jean Ward
for the Commonwealth.
713
00:33:37,684 --> 00:33:39,052
Lindsay Dole
for the defense,
714
00:33:39,085 --> 00:33:40,621
waive reading,
plead not guilty.
715
00:33:40,654 --> 00:33:42,022
JUDGE: Question of bail.
716
00:33:42,055 --> 00:33:43,824
Before addressing that,
Your Honor,
717
00:33:43,857 --> 00:33:46,192
the Commonwealth moves
to disqualify Ms. Dole.
718
00:33:46,226 --> 00:33:48,662
She is a material witness
about the crime in question.
719
00:33:48,695 --> 00:33:50,831
What witness?
I'm his lawyer.
720
00:33:50,864 --> 00:33:53,366
A conversation Ms. Dole
had with the defendant
will establish motive.
721
00:33:53,399 --> 00:33:56,637
Your Honor, Eugene Young,
also for the defense.
722
00:33:56,670 --> 00:33:59,706
My colleague cannot testify
where privilege applies.
723
00:33:59,740 --> 00:34:01,775
According to Mr.
Sidlow's statement,
724
00:34:01,808 --> 00:34:02,776
Ms. Dole instructed him
725
00:34:02,809 --> 00:34:04,578
on what kind of crime
to commit
726
00:34:04,611 --> 00:34:06,212
in order to get himself
incarcerated.
727
00:34:06,246 --> 00:34:08,448
That's a lie.
Take it easy.
728
00:34:09,082 --> 00:34:10,050
Counsel, approach.
729
00:34:17,691 --> 00:34:19,793
Ms. Dole, did you instruct
your client
730
00:34:19,826 --> 00:34:21,795
to rob a bank
so he could go to prison?
731
00:34:21,828 --> 00:34:25,031
Again, I raise the issue
of attorney client privilege.
732
00:34:25,065 --> 00:34:27,901
Mr. Sidlow waived that right
when he disclosed the contents
733
00:34:27,934 --> 00:34:29,636
of his conversation
with Ms. Dole.
734
00:34:31,071 --> 00:34:33,774
Now, please answer
the question.
735
00:34:35,208 --> 00:34:37,143
(sighs)
736
00:34:37,177 --> 00:34:40,280
I did explain the difference
between federal and
state crimes,
737
00:34:40,313 --> 00:34:42,148
But only to answer
a client's question
738
00:34:42,182 --> 00:34:44,818
about what he said
was a past crime.
739
00:34:44,851 --> 00:34:46,553
You helped
get a woman killed.
740
00:34:48,054 --> 00:34:50,356
The woman who was shot--
741
00:34:50,390 --> 00:34:52,726
she died an hour ago.
742
00:34:54,460 --> 00:34:56,162
That was not
my fault.
743
00:34:56,196 --> 00:34:58,064
Ms. Dole, it sounds like
Ms. Ward's right.
744
00:34:58,098 --> 00:35:00,300
You probably have to
disqualify yourself.
745
00:35:00,333 --> 00:35:02,903
I will not testify
against my client.
746
00:35:02,936 --> 00:35:04,404
Okay. Enough.
747
00:35:04,437 --> 00:35:07,941
Ms. Ward, although I don't know
exactly what happened here,
748
00:35:07,974 --> 00:35:10,410
let's be realistic--
this shouldn't go
to trial.
749
00:35:10,443 --> 00:35:13,446
The defendant's confused.
He was unarmed.
750
00:35:13,479 --> 00:35:15,849
Felony murder applies
only if the jury finds
751
00:35:15,882 --> 00:35:19,786
that he consciously disregarded
risk to human life.
752
00:35:19,820 --> 00:35:21,454
Therefore,
I strongly suggest
753
00:35:21,487 --> 00:35:25,291
you get Mr. Sidlow
new counsel and settle this.
754
00:35:26,492 --> 00:35:28,061
He wants to go to jail
anyway.
755
00:35:32,365 --> 00:35:35,001
You're quitting on me?
But you're my lawyer.
756
00:35:35,035 --> 00:35:37,037
Philly, the judge
disqualified me.
757
00:35:37,070 --> 00:35:38,338
I'm not quitting.
758
00:35:39,405 --> 00:35:41,474
Look... you aren't listening,
759
00:35:41,508 --> 00:35:43,810
you haven't been listening.
760
00:35:43,844 --> 00:35:45,812
I never told you
to rob a bank.
761
00:35:45,846 --> 00:35:48,882
You did that on your own
and got me in trouble
in the process.
762
00:35:51,151 --> 00:35:52,218
I'm sorry, Lindsay.
763
00:35:53,654 --> 00:35:55,789
Why didn't you just
tell me the truth,
764
00:35:55,822 --> 00:35:57,490
and give me the chance
to help?
765
00:35:57,524 --> 00:36:01,728
I didn't want to get you
mixed up in something illegal.
766
00:36:01,762 --> 00:36:03,096
You're a good person.
767
00:36:03,129 --> 00:36:06,700
(sighs) look, there's nothing
I can do for you now.
768
00:36:06,733 --> 00:36:08,034
I'm not your lawyer.
769
00:36:08,068 --> 00:36:09,736
(sighs)
770
00:36:09,770 --> 00:36:12,172
We shouldn't even be talking,
since privilege doesn't apply.
771
00:36:13,339 --> 00:36:15,408
I was just trying
to save my life.
772
00:36:15,441 --> 00:36:17,177
I didn't want to get
anyone killed.
773
00:36:17,210 --> 00:36:18,545
I know, Philly.
774
00:36:25,986 --> 00:36:26,953
I should go.
775
00:36:29,189 --> 00:36:30,190
Lindsay, wait.
776
00:36:31,958 --> 00:36:34,728
I know we can't talk
about the case, but...
777
00:36:41,568 --> 00:36:43,970
I'll just sit here for a while
and keep you company.
778
00:36:44,004 --> 00:36:45,471
(sighs)
779
00:36:45,506 --> 00:36:46,540
That'd be good.
780
00:36:56,617 --> 00:36:57,784
BAILIFF: All rise.
781
00:37:02,288 --> 00:37:03,489
Be seated.
782
00:37:08,328 --> 00:37:11,832
To dismiss a murder case
with prejudice...
783
00:37:11,865 --> 00:37:13,700
to let a possible killer go free
784
00:37:13,734 --> 00:37:16,737
merely because
of prosecution error
785
00:37:16,770 --> 00:37:19,840
is not only the most extreme
and frowned-upon remedy
786
00:37:19,873 --> 00:37:24,244
available to a court,
it offends our sense
of right and wrong.
787
00:37:25,245 --> 00:37:28,982
It makes a mockery of our most
basic sense of fairness.
788
00:37:29,015 --> 00:37:33,419
Don't misunderstand me,
prosecutorial misconduct
is a problem.
789
00:37:33,453 --> 00:37:38,559
But to deny justice
in order to save justice
790
00:37:38,592 --> 00:37:39,860
makes no sense.
791
00:37:41,161 --> 00:37:42,629
And as the record clearly shows,
792
00:37:42,663 --> 00:37:44,798
I have no smoking gun here--
793
00:37:44,831 --> 00:37:46,900
no direct evidence
that Mr. Walsh
794
00:37:46,933 --> 00:37:50,704
did knowingly and intentionally
cause a mistrial.
795
00:37:50,737 --> 00:37:53,473
The most Ms. Gamble
could offer me was her opinion.
796
00:37:53,507 --> 00:37:57,110
I won't make a ruling
on such an important matter
797
00:37:57,143 --> 00:37:58,812
purely on speculation.
798
00:38:01,047 --> 00:38:04,317
However...
I am required to consider
799
00:38:04,350 --> 00:38:07,588
the totality of the facts
supporting these allegations,
800
00:38:07,621 --> 00:38:10,691
as well as the credibility
of the parties involved.
801
00:38:12,392 --> 00:38:15,261
This is not the first time
I've had Mr. Walsh before me.
802
00:38:16,229 --> 00:38:17,864
This year alone,
I have seen a man
803
00:38:17,898 --> 00:38:21,968
I have always respected
employ what I consider to be
804
00:38:22,002 --> 00:38:23,837
sharp and unethical practices.
805
00:38:25,071 --> 00:38:28,274
He has become increasingly
less candid and honest.
806
00:38:29,209 --> 00:38:33,179
In his effort to do justice,
he has perverted it.
807
00:38:33,213 --> 00:38:35,281
Here he misled the court
about the availability
808
00:38:35,315 --> 00:38:37,818
of a witness I now learn
is in Florida.
809
00:38:39,119 --> 00:38:40,887
It has to stop.
810
00:38:42,355 --> 00:38:45,992
I, therefore,
sadly have no choice
811
00:38:46,026 --> 00:38:49,062
but to find that Mr. Walsh
did intend to cause a mistrial
812
00:38:49,095 --> 00:38:51,131
in an effort to obtain
a new trial.
813
00:38:52,699 --> 00:38:55,936
The case against the defendant
is dismissed with prejudice.
814
00:38:57,070 --> 00:39:00,273
Mr. MacIntyre...
you are free to go.
815
00:39:01,307 --> 00:39:03,877
Your Honor...
may I be heard?
816
00:39:03,910 --> 00:39:05,345
I have ruled, Mr. Walsh.
817
00:39:05,378 --> 00:39:06,947
Then for the record,
818
00:39:06,980 --> 00:39:10,016
let me say we are filing
an immediate appeal
819
00:39:10,050 --> 00:39:11,652
to have your ruling
reversed.
820
00:39:11,685 --> 00:39:14,454
Your decision is unjust,
821
00:39:14,487 --> 00:39:16,923
unconscionable,
and wholly unsupported
822
00:39:16,957 --> 00:39:18,692
in law or fact!
823
00:39:19,325 --> 00:39:21,562
It is a reflection
of this court's animus
824
00:39:21,595 --> 00:39:23,229
against me and my office,
825
00:39:23,263 --> 00:39:24,965
and will form the basis
826
00:39:24,998 --> 00:39:28,669
of my personal complaint
to the judicial council!
827
00:39:28,702 --> 00:39:30,804
Mr. Walsh--
I'm not finished!
828
00:39:30,837 --> 00:39:34,174
Your decision to put a killer
back on the street
829
00:39:34,207 --> 00:39:35,842
should not go unpunished!
830
00:39:36,577 --> 00:39:39,445
It is my hope
the legislature will consider
831
00:39:39,479 --> 00:39:43,684
appropriate actions,
including possible impeachment.
832
00:39:47,754 --> 00:39:52,392
You crossed the line...
a long time ago, Mr. Walsh.
833
00:39:53,760 --> 00:39:56,462
I ascribe your
inappropriate response
834
00:39:56,496 --> 00:39:59,800
to the fact that
ultimately you know
835
00:39:59,833 --> 00:40:03,103
this whole disaster
is your fault.
836
00:40:04,971 --> 00:40:07,440
This court is adjourned.
837
00:40:17,951 --> 00:40:19,753
That's it? It's over?
838
00:40:20,954 --> 00:40:22,122
Yeah, Michael, it's over.
839
00:40:22,155 --> 00:40:24,490
(sighs) Hey, thanks.
840
00:40:25,659 --> 00:40:26,927
Send me the bill.
841
00:40:36,402 --> 00:40:37,738
(door opens)
842
00:40:39,172 --> 00:40:41,074
You accused me
of perjury, Helen.
843
00:40:41,107 --> 00:40:45,311
Look, I did my ethical duty.
844
00:40:45,345 --> 00:40:48,549
What excuse do you have
for ripping me apart up there?
845
00:40:48,582 --> 00:40:51,718
I was trying to save
this case, Helen.
846
00:40:51,752 --> 00:40:53,587
I wasn't railroading
an innocent man.
847
00:40:53,620 --> 00:40:54,955
I wanted to give MacIntyre
848
00:40:54,988 --> 00:40:57,023
the fair trial
he was avoiding
849
00:40:57,057 --> 00:40:59,693
by killing a witness.
850
00:40:59,726 --> 00:41:01,461
PATRICIA: He's going free?
851
00:41:02,796 --> 00:41:05,932
Patricia...
we are so sorry.
852
00:41:05,966 --> 00:41:08,268
You made this happen.
853
00:41:08,301 --> 00:41:10,070
How can you tell me
that you're sorry?
854
00:41:10,103 --> 00:41:12,773
I had to testify
truthfully.
855
00:41:12,806 --> 00:41:15,576
The truth is Michael MacIntyre
took my father's business,
856
00:41:15,609 --> 00:41:17,410
then took his life.
857
00:41:19,713 --> 00:41:21,447
And you let him get away.
858
00:41:33,727 --> 00:41:36,129
I did my ethical duty.
859
00:41:36,162 --> 00:41:38,298
Only because
you were dragged into it.
860
00:41:39,299 --> 00:41:40,601
You're not a hero.
861
00:42:05,258 --> 00:42:09,730
(music playing)
862
00:42:31,652 --> 00:42:32,653
You stinker!
64946
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