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DOLE: Previously
on The Practice...
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00:00:03,430 --> 00:00:05,465
My name is Hannibal Lecter.
3
00:00:05,498 --> 00:00:07,467
You plan to argue insanity?
4
00:00:07,500 --> 00:00:08,835
You murdered and ate
5
00:00:08,868 --> 00:00:10,737
three people, Mr. Lecter.
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00:00:10,770 --> 00:00:11,904
I didn't kill them.
7
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The other man killed them.
8
00:00:13,940 --> 00:00:15,407
What other man?
9
00:00:15,442 --> 00:00:18,044
He's never denied
consuming the victims,
10
00:00:18,077 --> 00:00:19,679
but it's always
the other persona
11
00:00:19,712 --> 00:00:20,913
who stabbed the girls.
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00:00:20,947 --> 00:00:21,781
What do you think?
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00:00:21,814 --> 00:00:23,049
MAN: I don't know.
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00:00:23,082 --> 00:00:24,617
All I am sure of
15
00:00:24,651 --> 00:00:27,454
is as crazy as he may be,
16
00:00:27,487 --> 00:00:29,321
he is not stupid.
17
00:00:29,355 --> 00:00:30,657
Hello, Clarice.
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00:00:30,690 --> 00:00:31,891
DONNELL: Oh, brother.
19
00:00:31,924 --> 00:00:34,561
Does Bobby know?
20
00:00:34,594 --> 00:00:35,828
Does he know what?
21
00:00:35,862 --> 00:00:37,497
That you're in love with me.
22
00:00:37,530 --> 00:00:40,132
GAMBLE: When you saw
these women murdered
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00:00:40,166 --> 00:00:41,768
by this other man--
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00:00:41,801 --> 00:00:43,803
I gave the police
a partial description.
25
00:00:43,836 --> 00:00:45,772
I told them where he kills.
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00:00:45,805 --> 00:00:47,139
Instead of persecuting me,
27
00:00:47,173 --> 00:00:48,240
you should be looking for him,
28
00:00:48,274 --> 00:00:49,576
especially, since...
29
00:00:49,609 --> 00:00:51,911
he's planning to kill Clarice.
30
00:00:51,944 --> 00:00:53,245
DOLE: I got stabbed
two years ago.
31
00:00:53,279 --> 00:00:54,581
I got stabbed, Bobby.
32
00:00:54,614 --> 00:00:56,583
A man stuck a knife
into me three times.
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00:00:56,616 --> 00:00:59,519
I have never gone back
to being okay
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00:00:59,552 --> 00:01:01,153
no matter how much
that you insist
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00:01:01,187 --> 00:01:02,455
that I have.
36
00:01:02,489 --> 00:01:04,857
We find the defendant,
Lawrence O'Malley,
37
00:01:04,891 --> 00:01:06,859
not guilty.
38
00:01:06,893 --> 00:01:08,127
Thank you, Bobby...
39
00:01:10,196 --> 00:01:11,197
Clarice.
40
00:01:17,770 --> 00:01:19,772
(phone ringing)
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00:01:27,046 --> 00:01:28,180
Hello?
42
00:01:32,184 --> 00:01:33,653
Hello?
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00:01:34,987 --> 00:01:35,922
(receiver clicks)
44
00:01:35,955 --> 00:01:37,957
(dial tone)
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00:01:45,732 --> 00:01:47,467
DONNELL: What about
entrapping him?
46
00:01:47,500 --> 00:01:48,968
We've thought
about that.
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00:01:49,001 --> 00:01:50,169
The thing is,
48
00:01:50,202 --> 00:01:51,538
it's not like the guy
hits often.
49
00:01:51,571 --> 00:01:52,772
And he's killed three girls
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00:01:52,805 --> 00:01:54,306
in two years.
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00:01:54,340 --> 00:01:55,207
What about using me?
52
00:01:55,241 --> 00:01:56,308
Are you crazy?
53
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I'm going crazy, Bobby.
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The longer he stays out there
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calling me on the phone.
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00:01:59,812 --> 00:02:01,013
There's no way
to protect you.
57
00:02:01,047 --> 00:02:02,449
DOLE: So, what,
I just go to bed every night
58
00:02:02,482 --> 00:02:03,916
consoling myself that one day
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00:02:03,950 --> 00:02:05,217
they'll finally get him?
60
00:02:05,251 --> 00:02:06,953
DONNELL: You will not
be used as bait
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00:02:06,986 --> 00:02:08,254
for a serial killer.
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00:02:08,287 --> 00:02:09,489
It wouldn't work
anyway, Lindsay.
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00:02:09,522 --> 00:02:10,857
The guy's too smart for that.
64
00:02:10,890 --> 00:02:12,258
DOLE: Well, come up
with something, Helen.
65
00:02:12,291 --> 00:02:14,927
I am not going through
this again.
66
00:02:17,063 --> 00:02:18,465
What I'd like to do
is get him
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00:02:18,498 --> 00:02:19,632
civilly committed.
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00:02:20,533 --> 00:02:21,468
Can you?
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00:02:22,268 --> 00:02:23,636
It'll be tough, especially,
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00:02:23,670 --> 00:02:26,773
since he was acquitted,
but we can try.
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00:02:26,806 --> 00:02:29,041
Lindsay, I need you
to testify against him
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00:02:29,075 --> 00:02:31,377
to help convince the judge
he's nuts.
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00:02:31,410 --> 00:02:32,211
Fine.
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00:02:32,244 --> 00:02:34,447
Time and place, I'll be there.
75
00:02:34,947 --> 00:02:35,915
We'll pick him up
tomorrow.
76
00:02:35,948 --> 00:02:38,250
But, again,
it's a real long shot.
77
00:02:38,284 --> 00:02:39,686
Just get him.
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00:02:39,719 --> 00:02:41,353
And if he resists,
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00:02:41,387 --> 00:02:42,689
shoot him.
80
00:02:51,598 --> 00:02:54,601
(music playing)
81
00:03:40,780 --> 00:03:42,248
What do you mean it's lost?
82
00:03:42,281 --> 00:03:43,115
The findings aren't lost,
83
00:03:43,149 --> 00:03:44,684
just the rape kit itself.
84
00:03:44,717 --> 00:03:45,952
Who lost it?
85
00:03:45,985 --> 00:03:47,454
We don't know.
86
00:03:47,487 --> 00:03:48,988
YOUNG: We thought
it had been sent to our lab,
87
00:03:49,021 --> 00:03:50,590
and we were waiting
for the results.
88
00:03:50,623 --> 00:03:51,824
We called them again today,
89
00:03:51,858 --> 00:03:52,625
and they've told us
90
00:03:52,659 --> 00:03:53,993
they never even received it.
91
00:03:54,026 --> 00:03:56,162
Do your storage records show
it was sent out?
92
00:03:56,195 --> 00:03:57,296
No.
93
00:03:57,329 --> 00:03:59,165
YOUNG: Your Honor,
since we were not afforded
94
00:03:59,198 --> 00:04:01,333
the opportunity to conduct
our own tests,
95
00:04:01,367 --> 00:04:03,603
the DNA evidence
has to be excluded.
96
00:04:03,636 --> 00:04:05,271
You can cross
our technicians.
97
00:04:05,304 --> 00:04:06,939
It's not the same
as doing our own test,
98
00:04:06,973 --> 00:04:07,740
and you know it.
99
00:04:08,508 --> 00:04:10,176
I can't let it in,
Ms. Gamble.
100
00:04:10,209 --> 00:04:11,711
Your Honor,
they weren't even serious
101
00:04:11,744 --> 00:04:13,145
about doing
their own test.
102
00:04:13,179 --> 00:04:14,981
Why did they wait
till the eve of this trial?
103
00:04:15,014 --> 00:04:16,883
Well, we're serious
about it now.
104
00:04:16,916 --> 00:04:19,085
This is amusing
to you, Eugene?
105
00:04:19,118 --> 00:04:21,320
WHITE: Counsel,
if they didn't get access,
106
00:04:21,353 --> 00:04:23,890
the DNA evidence is excluded.
107
00:04:25,357 --> 00:04:26,859
So what that mean?
108
00:04:26,893 --> 00:04:28,628
YOUNG: It means
their whole case now
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00:04:28,661 --> 00:04:29,996
is the victim's ID.
110
00:04:30,029 --> 00:04:31,831
Let's not get cocky.
111
00:04:31,864 --> 00:04:32,899
At probable cause,
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00:04:32,932 --> 00:04:34,200
she was pretty convincing.
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00:04:34,233 --> 00:04:36,436
But at least now
they're offering a plea.
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00:04:36,469 --> 00:04:37,604
Yeah. What is it?
115
00:04:37,637 --> 00:04:38,571
Fifteen years.
116
00:04:38,605 --> 00:04:39,906
Oh, no way, man!
117
00:04:39,939 --> 00:04:41,040
YOUNG: Third strike, Jerry.
118
00:04:41,073 --> 00:04:42,909
If convicted, you get life.
119
00:04:43,776 --> 00:04:45,478
All right. Look...
120
00:04:45,512 --> 00:04:46,913
I got a twin brother.
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00:04:46,946 --> 00:04:48,214
Suppose we put him at the table
122
00:04:48,247 --> 00:04:50,450
and let her identify him.
123
00:04:50,483 --> 00:04:51,818
That's reasonable doubt.
124
00:04:51,851 --> 00:04:53,352
We can't do that.
125
00:04:54,020 --> 00:04:55,788
I ain't doing no 15.
126
00:04:58,024 --> 00:05:00,326
Rape victims
supposed to be shaky.
127
00:05:00,359 --> 00:05:02,462
That's what I hear.
128
00:05:05,364 --> 00:05:07,199
Let's go to trial.
129
00:05:07,767 --> 00:05:09,536
And, Eugene,
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00:05:09,569 --> 00:05:12,605
don't hold back on this bitch.
131
00:05:15,842 --> 00:05:17,309
You lost the evidence?
132
00:05:17,343 --> 00:05:20,346
Callie, we can still win.
How?
133
00:05:20,379 --> 00:05:22,682
GAMBLE: Well, right now
it comes down to your word,
134
00:05:22,715 --> 00:05:24,717
which is very compelling.
135
00:05:24,751 --> 00:05:26,586
You don't look so sure, Helen.
136
00:05:26,619 --> 00:05:29,756
GAMBLE: Look, I'm completely
prepared to go forward,
137
00:05:29,789 --> 00:05:31,491
but I'm also prepared
to go back
138
00:05:31,524 --> 00:05:32,625
and offer eight years.
139
00:05:32,659 --> 00:05:34,961
If you think--
Eight?
140
00:05:34,994 --> 00:05:36,028
It's a conviction.
141
00:05:36,062 --> 00:05:37,597
It takes him off the streets.
142
00:05:37,630 --> 00:05:40,500
Besides, a trial
could be very unpleasant.
143
00:05:41,233 --> 00:05:43,302
Eight is not an option.
144
00:05:43,335 --> 00:05:45,237
Not for what he did to me.
145
00:05:46,205 --> 00:05:47,774
Okay.
146
00:05:47,807 --> 00:05:49,709
(knocks on door)
147
00:05:49,742 --> 00:05:50,877
GAMBLE: I'll see you
in the courtroom,
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00:05:50,910 --> 00:05:51,911
division three.
149
00:05:51,944 --> 00:05:53,680
Okay.
150
00:05:58,618 --> 00:05:59,752
You get him yet?
151
00:05:59,786 --> 00:06:00,753
GAMBLE: Noon.
152
00:06:00,787 --> 00:06:02,354
I'm going on the ride
personally
153
00:06:02,388 --> 00:06:03,690
to make sure things
aren't any more
154
00:06:03,723 --> 00:06:05,958
unconstitutional
than necessary.
155
00:06:05,992 --> 00:06:07,827
Helen, is it possible
to do this
156
00:06:07,860 --> 00:06:09,128
without Lindsay testifying?
157
00:06:09,161 --> 00:06:10,597
She's not in very good shape.
158
00:06:10,630 --> 00:06:12,699
GAMBLE: Bobby,
even with Lindsay,
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00:06:12,732 --> 00:06:13,900
this is a long shot.
160
00:06:13,933 --> 00:06:14,734
We need her to say
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00:06:14,767 --> 00:06:16,068
how afraid she is of this guy.
162
00:06:16,102 --> 00:06:18,037
Otherwise--
DONNELL: Anything he said
163
00:06:18,070 --> 00:06:18,871
to her, I was there for.
164
00:06:18,905 --> 00:06:21,140
I can provide--
GAMBLE: We need her.
165
00:06:21,173 --> 00:06:23,275
Look, I'm not gonna bother
picking him up
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00:06:23,309 --> 00:06:24,343
if I can't count on her.
167
00:06:24,376 --> 00:06:26,045
You saw how she was last night.
168
00:06:26,078 --> 00:06:27,013
GAMBLE: I did.
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00:06:27,046 --> 00:06:28,448
But do you want this guy
170
00:06:28,481 --> 00:06:30,382
in custody or not?
171
00:06:33,119 --> 00:06:34,220
(sighs)
172
00:06:34,253 --> 00:06:36,122
I was opening
my apartment door,
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00:06:36,155 --> 00:06:38,157
and as I opened it,
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00:06:38,190 --> 00:06:40,493
I was suddenly
shoved inside
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00:06:40,527 --> 00:06:41,994
and then knocked
to the floor.
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00:06:42,028 --> 00:06:43,663
GAMBLE: Do you see
the person today
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00:06:43,696 --> 00:06:44,964
who knocked you
to the floor?
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00:06:44,997 --> 00:06:47,667
Him, the defendant.
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00:06:47,967 --> 00:06:49,401
GAMBLE: Are you sure
this is the man,
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00:06:49,436 --> 00:06:50,670
Ms. Fairbanks?
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00:06:50,703 --> 00:06:51,438
I'm positive.
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00:06:51,471 --> 00:06:52,338
That's him.
183
00:06:53,473 --> 00:06:56,543
GAMBLE: Now, after
you were pulled to the floor,
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00:06:56,576 --> 00:06:58,344
what happened next?
185
00:06:59,011 --> 00:07:00,713
He closed the door,
186
00:07:02,248 --> 00:07:03,650
and he told me
if I screamed
187
00:07:03,683 --> 00:07:04,784
he would kill me.
188
00:07:05,985 --> 00:07:09,956
He then, um, pulled
his pants down,
189
00:07:09,989 --> 00:07:12,925
and he started to climb
on top of me.
190
00:07:12,959 --> 00:07:15,562
Um, he pushed my skirt up,
191
00:07:15,595 --> 00:07:18,865
and I tried to get free,
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00:07:18,898 --> 00:07:20,567
and that's when he punched me.
193
00:07:20,600 --> 00:07:22,001
GAMBLE: Where?
194
00:07:22,034 --> 00:07:23,570
FAIRBANKS: In the face.
195
00:07:23,603 --> 00:07:24,837
I took my key,
196
00:07:24,871 --> 00:07:26,573
and I tried to gouge him.
197
00:07:26,606 --> 00:07:29,509
I got him behind the ear.
198
00:07:29,542 --> 00:07:32,612
And then he hit me
three or four times,
199
00:07:32,645 --> 00:07:35,582
and I kind of
lost consciousness.
200
00:07:35,615 --> 00:07:38,284
And the next thing
I was aware of,
201
00:07:39,118 --> 00:07:41,353
he was ramming himself
into me.
202
00:07:41,387 --> 00:07:44,423
GAMBLE: Are you absolutely sure
203
00:07:44,457 --> 00:07:47,193
this is the man who raped you
204
00:07:47,226 --> 00:07:49,796
on the evening of March 11th?
205
00:07:49,829 --> 00:07:52,499
I am absolutely sure.
206
00:07:52,532 --> 00:07:54,767
I have nightmares
about his face.
207
00:07:54,801 --> 00:07:56,969
I try to get his face
out of my mind,
208
00:07:57,003 --> 00:07:58,204
but I can't.
209
00:07:58,237 --> 00:07:59,405
That's him.
210
00:07:59,439 --> 00:08:02,609
That's the man who raped me.
211
00:08:02,642 --> 00:08:04,310
GAMBLE: Thank you.
212
00:08:08,848 --> 00:08:10,550
YOUNG:
When the police arrived,
213
00:08:10,583 --> 00:08:12,184
you said you could not
214
00:08:12,218 --> 00:08:15,855
approximate the suspect's
height or build.
215
00:08:15,888 --> 00:08:18,625
I saw his face
very clearly.
216
00:08:18,658 --> 00:08:19,959
But you said
he had no facial hair.
217
00:08:19,992 --> 00:08:21,428
At the time
of my client's arrest,
218
00:08:21,461 --> 00:08:22,495
he had a moustache.
219
00:08:22,529 --> 00:08:24,431
FAIRBANKS: I evidently
didn't see the moustache,
220
00:08:24,464 --> 00:08:26,398
but I saw his eyes
and I recognize them.
221
00:08:26,433 --> 00:08:27,967
YOUNG: You told the police
you gouged him
222
00:08:28,000 --> 00:08:31,270
behind the ear, drawing blood.
223
00:08:31,303 --> 00:08:32,304
Are you aware that they found
224
00:08:32,338 --> 00:08:34,173
no scratches or marks
on my client?
225
00:08:34,206 --> 00:08:36,375
I thought I drew blood,
226
00:08:36,408 --> 00:08:38,811
but the blood
on my hand and key
227
00:08:38,845 --> 00:08:39,812
turned out to be my own,
228
00:08:39,846 --> 00:08:40,747
I guess.
229
00:08:40,780 --> 00:08:42,482
YOUNG: You guess?
230
00:08:42,515 --> 00:08:44,283
Did you describe
for the police
231
00:08:44,316 --> 00:08:46,318
the clothing the assailant
was wearing?
232
00:08:46,352 --> 00:08:47,487
No.
233
00:08:47,520 --> 00:08:48,721
You were knocked unconscious
234
00:08:48,755 --> 00:08:50,189
during the attack,
is that right?
235
00:08:50,222 --> 00:08:51,658
After the rape.
236
00:08:51,691 --> 00:08:52,459
I was conscious
237
00:08:52,492 --> 00:08:53,626
during the attack.
238
00:08:53,660 --> 00:08:55,895
YOUNG: Well, you testified
when he punched you
239
00:08:55,928 --> 00:08:59,065
three or four times
before the rape,
240
00:08:59,098 --> 00:09:01,067
you kind of lost consciousness.
241
00:09:01,100 --> 00:09:02,902
Are you now changing
that testimony?
242
00:09:02,935 --> 00:09:04,771
FAIRBANKS: I kind
of lost consciousness,
243
00:09:04,804 --> 00:09:06,473
but I was conscious
for the rape
244
00:09:06,506 --> 00:09:09,041
and I saw his face exactly.
245
00:09:09,075 --> 00:09:10,577
Except for the moustache.
246
00:09:11,243 --> 00:09:12,979
Yes.
247
00:09:13,012 --> 00:09:14,346
YOUNG: When you were suddenly
grabbed and dragged
248
00:09:14,380 --> 00:09:15,748
into your apartment,
249
00:09:15,782 --> 00:09:17,884
did you go into a little shock?
250
00:09:17,917 --> 00:09:19,752
If you're asking,
did it compromise
251
00:09:19,786 --> 00:09:22,221
my capacity to observe--
YOUNG: No.
252
00:09:22,254 --> 00:09:25,224
I'm asking, "Did you go
into a little shock?"
253
00:09:25,257 --> 00:09:26,493
Yes.
254
00:09:26,526 --> 00:09:28,461
YOUNG: "Compromise
your capacity to observe,"
255
00:09:28,495 --> 00:09:30,763
that's legal terminology.
256
00:09:30,797 --> 00:09:31,764
Are you a lawyer?
257
00:09:31,798 --> 00:09:33,265
No.
258
00:09:33,299 --> 00:09:35,101
YOUNG: Those were you own words,
259
00:09:35,835 --> 00:09:39,138
"Compromise your capacity
to observe"?
260
00:09:41,273 --> 00:09:42,909
Did Ms. Gamble
use that term with you?
261
00:09:42,942 --> 00:09:43,743
Objection.
262
00:09:43,776 --> 00:09:44,877
Sustained.
263
00:09:44,911 --> 00:09:46,513
YOUNG: Did the district attorney
264
00:09:46,546 --> 00:09:49,381
have concerns about
your capacity to observe?
265
00:09:49,415 --> 00:09:50,249
Objection!
266
00:09:50,282 --> 00:09:51,317
Sustained.
267
00:09:51,350 --> 00:09:53,686
Thank you, Ms. Fairbanks.
268
00:10:00,059 --> 00:10:01,327
GAMBLE: (sighs)
269
00:10:01,360 --> 00:10:02,862
I got to get back.
270
00:10:02,895 --> 00:10:04,396
If he doesn't come out soon--
271
00:10:04,431 --> 00:10:06,198
McGUIRE: Between 12:00
and 12:30 every day
272
00:10:06,232 --> 00:10:07,767
like clockwork.
273
00:10:07,800 --> 00:10:09,869
He'll be out.
274
00:10:09,902 --> 00:10:11,037
If this goes
before Judge Cooke--
275
00:10:11,070 --> 00:10:13,973
It's not gonna go
before Judge Cooke.
276
00:10:15,074 --> 00:10:17,944
His expert witness
doctor said
277
00:10:17,977 --> 00:10:21,213
stress and anger would make
the other man emerge.
278
00:10:21,247 --> 00:10:22,582
Maybe he'll wig out
and give us something
279
00:10:22,615 --> 00:10:23,550
we can use.
280
00:10:24,451 --> 00:10:25,918
Are you telling me
we should rough him up?
281
00:10:25,952 --> 00:10:27,086
GAMBLE: Oh, God, no.
282
00:10:27,119 --> 00:10:28,755
This has got to go clean.
283
00:10:28,788 --> 00:10:31,558
We're on shaky ground
as it is.
284
00:10:31,591 --> 00:10:32,859
I'll try to bait him a little
285
00:10:32,892 --> 00:10:34,326
and see what I can get.
286
00:10:37,764 --> 00:10:38,498
McGUIRE: Now.
287
00:10:38,531 --> 00:10:40,366
Okay. Move in.
288
00:10:40,399 --> 00:10:42,201
(siren wailing)
289
00:10:42,234 --> 00:10:43,335
MAN: Police!
290
00:10:43,369 --> 00:10:44,837
Lawrence O'Malley, stop!
291
00:10:44,871 --> 00:10:46,072
MAN: (indistinct) we're good.
292
00:10:46,105 --> 00:10:47,507
MAN: Let me see your hands.
293
00:10:48,541 --> 00:10:49,542
(tires screeching)
294
00:10:49,576 --> 00:10:50,843
McGUIRE: Mr. O'Malley,
295
00:10:50,877 --> 00:10:52,044
you need to come
with us please.
296
00:10:52,078 --> 00:10:53,379
What's going on?
297
00:10:53,412 --> 00:10:55,047
We want to check
your cholesterol.
298
00:10:55,081 --> 00:10:57,016
You've been eating
too much red meat.
299
00:10:59,552 --> 00:11:01,688
Remember me, Hannibal?
300
00:11:01,721 --> 00:11:03,823
Didn't we have relations?
301
00:11:03,856 --> 00:11:05,958
Well, we're gonna have
relations now.
302
00:11:05,992 --> 00:11:07,794
You're going
for a nice little stay
303
00:11:07,827 --> 00:11:10,162
to the rubber room lodge.
304
00:11:10,196 --> 00:11:11,464
I was acquitted.
305
00:11:11,498 --> 00:11:13,933
Oh, I must be looking
for the other man.
306
00:11:13,966 --> 00:11:15,367
Why don't you send him out
307
00:11:15,401 --> 00:11:16,903
so I can talk to him?
308
00:11:18,070 --> 00:11:19,972
Do you think I'm an idiot?
309
00:11:20,507 --> 00:11:21,741
I can see
from your expression
310
00:11:21,774 --> 00:11:23,576
I've pissed you off.
311
00:11:23,610 --> 00:11:25,445
Those other girls
pissed you off,
312
00:11:25,478 --> 00:11:27,246
didn't they, Hannibal?
313
00:11:27,847 --> 00:11:29,782
It's time for the other man
to come out
314
00:11:29,816 --> 00:11:32,051
and take care of business.
315
00:11:38,858 --> 00:11:40,593
I need to call my lawyer.
316
00:11:44,531 --> 00:11:46,132
Take him.
317
00:12:01,481 --> 00:12:02,715
DOLE:
Helen's not handling it?
318
00:12:02,749 --> 00:12:05,317
She's in trial, plus
she could be a witness, so--
319
00:12:05,351 --> 00:12:06,218
Who's doing it?
320
00:12:06,252 --> 00:12:07,754
State attorney
Michael Scannel.
321
00:12:07,787 --> 00:12:08,955
Helen says he's good.
322
00:12:08,988 --> 00:12:10,089
Who's representing O'Malley?
323
00:12:10,122 --> 00:12:11,991
DONNELL: That I don't know,
but whoever it is,
324
00:12:12,024 --> 00:12:13,192
we got a hearing at 4:00
325
00:12:13,225 --> 00:12:14,861
to get him kicked.
326
00:12:14,894 --> 00:12:15,795
We should be there.
327
00:12:15,828 --> 00:12:16,896
Fine.
328
00:12:18,030 --> 00:12:19,466
(sighs)
329
00:12:19,499 --> 00:12:20,733
DONNELL: Lindsay...
330
00:12:22,401 --> 00:12:24,637
I think you need
to see somebody.
331
00:12:26,138 --> 00:12:27,940
See somebody?
332
00:12:27,974 --> 00:12:28,775
A shrink?
333
00:12:29,308 --> 00:12:30,209
Yeah.
334
00:12:30,242 --> 00:12:32,211
What, it's unhealthy for me
to be on edge?
335
00:12:32,244 --> 00:12:33,813
Of course not,
336
00:12:33,846 --> 00:12:35,214
which is why
you need to talk to--
337
00:12:35,247 --> 00:12:37,650
I'm talking to you.
338
00:12:37,684 --> 00:12:39,018
Lindsay, you are the most
339
00:12:39,051 --> 00:12:42,254
rock-steady person
I have ever met.
340
00:12:44,156 --> 00:12:45,958
But right now...
341
00:12:47,059 --> 00:12:48,761
you really feel on the verge
342
00:12:48,795 --> 00:12:50,697
of a breakdown.
343
00:12:51,831 --> 00:12:53,700
And I'm worried.
344
00:12:53,733 --> 00:12:57,036
I'm gonna get
some references,
345
00:12:57,069 --> 00:12:59,271
and then maybe
we can see somebody.
346
00:13:04,777 --> 00:13:05,912
Sure.
347
00:13:11,751 --> 00:13:13,352
I was at home.
348
00:13:13,385 --> 00:13:14,086
All night?
349
00:13:14,120 --> 00:13:15,722
JERRY: After 6:00.
350
00:13:15,755 --> 00:13:17,356
Uh, I got to be at work
at 5:00 a. m.
351
00:13:17,389 --> 00:13:19,191
so I don't go out
on weeknights.
352
00:13:19,225 --> 00:13:20,960
Well, Mr. Cochran,
it seems that--
353
00:13:20,993 --> 00:13:22,361
GAMBLE: Sidebar, Your Honor.
354
00:13:28,735 --> 00:13:32,004
I'm sorry. The inadmissibility
of the DNA evidence aside,
355
00:13:32,038 --> 00:13:33,940
Mr. Berluti knows
what the results are,
356
00:13:33,973 --> 00:13:36,108
which means he knows
the witness is lying here.
357
00:13:36,142 --> 00:13:39,011
I do not know those results
to be accurate.
358
00:13:39,045 --> 00:13:41,280
That's why we wanted to do
our own test,
359
00:13:41,313 --> 00:13:42,715
which we couldn't
since the Commonwealth
360
00:13:42,749 --> 00:13:43,750
lost the rape kit.
361
00:13:43,783 --> 00:13:44,984
Oh, come on.
362
00:13:45,017 --> 00:13:47,053
Our client claims
he was home alone.
363
00:13:47,086 --> 00:13:49,121
I do not know that claim
to be false.
364
00:13:49,155 --> 00:13:50,422
And I'm entitled
to put him up here
365
00:13:50,457 --> 00:13:52,024
to tell his story.
366
00:13:52,058 --> 00:13:53,025
WHITE: Mr. Berluti,
367
00:13:53,059 --> 00:13:54,260
are you representing
to this court
368
00:13:54,293 --> 00:13:56,262
that you think
the DNA test results
369
00:13:56,295 --> 00:13:57,363
are inaccurate?
370
00:13:57,396 --> 00:13:59,298
I'm representing I don't know.
371
00:14:00,066 --> 00:14:01,768
You're full of crap,
372
00:14:03,570 --> 00:14:06,238
but technically
I can't stop you.
373
00:14:06,272 --> 00:14:07,339
Step back.
374
00:14:13,245 --> 00:14:14,681
Mr. Cochran,
375
00:14:14,714 --> 00:14:16,348
you sat here this morning
376
00:14:16,382 --> 00:14:17,750
and heard Ms. Fairbanks
377
00:14:17,784 --> 00:14:20,520
identify you as the person
who raped her.
378
00:14:20,553 --> 00:14:22,288
Well, she got it wrong.
379
00:14:23,122 --> 00:14:25,091
Look, I'm no saint
380
00:14:25,124 --> 00:14:27,426
but I don't rape people.
381
00:14:27,460 --> 00:14:29,662
You got it wrong.
GAMBLE: Objection!
382
00:14:29,696 --> 00:14:32,164
WHITE: Don't address
the victim, sir.
383
00:14:32,198 --> 00:14:34,901
I didn't do it.
384
00:14:34,934 --> 00:14:36,068
As God as my witness,
385
00:14:36,102 --> 00:14:38,170
I'm innocent of this.
386
00:14:38,605 --> 00:14:39,972
GAMBLE: You held up
a convenience store
387
00:14:40,006 --> 00:14:42,642
with a gun six years ago.
388
00:14:42,675 --> 00:14:44,276
Was God your witness
that night?
389
00:14:44,310 --> 00:14:46,646
I already said
I ain't no saint,
390
00:14:46,679 --> 00:14:47,947
but I don't rape.
391
00:14:47,980 --> 00:14:50,149
But you are a convicted
armed robber.
392
00:14:50,883 --> 00:14:51,918
Yeah.
393
00:14:51,951 --> 00:14:53,352
GAMBLE: Mr. Cochran,
394
00:14:53,385 --> 00:14:54,587
have you ever been convicted
395
00:14:54,621 --> 00:14:56,155
of assaulting a woman?
396
00:14:56,188 --> 00:14:57,924
That was a domestic dispute.
397
00:14:57,957 --> 00:14:59,759
The answer
to my question is yes.
398
00:15:00,593 --> 00:15:01,794
Yes.
399
00:15:01,828 --> 00:15:03,430
GAMBLE: And, Mr. Cochran,
do you go to a bar
400
00:15:03,463 --> 00:15:04,497
known as Jasper's?
401
00:15:04,531 --> 00:15:06,398
Sometime.
GAMBLE: Sometimes?
402
00:15:06,433 --> 00:15:08,134
Well, if I have witnesses
that would say
403
00:15:08,167 --> 00:15:11,438
you frequent it
two to three times a week,
404
00:15:11,471 --> 00:15:12,439
would they be lying?
405
00:15:12,472 --> 00:15:14,574
I go there sometime
for a beer.
406
00:15:14,607 --> 00:15:15,475
Weeknights?
407
00:15:15,508 --> 00:15:16,943
JERRY: Yeah,
but I go home early.
408
00:15:16,976 --> 00:15:20,279
So your testimony that you
don't go out weeknights,
409
00:15:20,312 --> 00:15:21,848
that wasn't accurate, was it?
410
00:15:22,582 --> 00:15:24,617
I should have said,
"I don't stay out late
411
00:15:24,651 --> 00:15:25,685
on weeknights."
412
00:15:25,718 --> 00:15:27,820
GAMBLE: I see.
And this particular weeknight,
413
00:15:27,854 --> 00:15:29,856
you didn't go out
to Jasper's at all,
414
00:15:29,889 --> 00:15:30,723
did you?
415
00:15:30,757 --> 00:15:31,858
No, I was at home.
416
00:15:31,891 --> 00:15:33,926
Straight home
where you were seen by whom?
417
00:15:33,960 --> 00:15:35,094
JERRY: Nobody.
I was home alone,
418
00:15:35,127 --> 00:15:36,328
like I said.
419
00:15:36,362 --> 00:15:38,364
GAMBLE: So the only person
who saw you that night
420
00:15:38,397 --> 00:15:39,866
was Callie Fairbanks.
421
00:15:39,899 --> 00:15:41,534
No, she got it wrong.
422
00:15:41,568 --> 00:15:42,702
GAMBLE: Oh, she got it wrong?
423
00:15:42,735 --> 00:15:43,536
Objection!
424
00:15:43,570 --> 00:15:44,403
Yes, she did.
425
00:15:44,437 --> 00:15:45,204
WHITE: Overruled.
426
00:15:45,237 --> 00:15:47,440
You raped her,
almost killed her.
427
00:15:47,474 --> 00:15:48,775
Objection!
Sustained.
428
00:15:48,808 --> 00:15:50,276
Now, you're lying about it.
429
00:15:50,309 --> 00:15:51,277
I'm not lying.
430
00:15:51,310 --> 00:15:52,378
GAMBLE: I see.
431
00:15:52,411 --> 00:15:53,746
You beat up women.
432
00:15:53,780 --> 00:15:55,047
You're an armed robber,
433
00:15:55,081 --> 00:15:56,048
but you're not a rapist.
434
00:15:56,082 --> 00:15:58,551
You go out several nights
a week to Jasper's,
435
00:15:58,585 --> 00:16:00,487
but the night
Callie Fairbanks was raped,
436
00:16:00,520 --> 00:16:02,889
you just happened
to be home alone.
437
00:16:02,922 --> 00:16:04,223
That's your testimony.
438
00:16:04,256 --> 00:16:05,324
Yes!
439
00:16:06,425 --> 00:16:08,528
I don't rape.
440
00:16:16,402 --> 00:16:18,270
You didn't protect me.
YOUNG: Jerry--
441
00:16:18,304 --> 00:16:19,405
JERRY: You let her
go off on me.
442
00:16:19,439 --> 00:16:20,440
Calm down.
JERRY: You're pulling punches
443
00:16:20,473 --> 00:16:21,941
in there, Eugene.
I didn't pull no punches
444
00:16:21,974 --> 00:16:23,643
in there, and I'm not
pulling them with you.
445
00:16:23,676 --> 00:16:25,912
We got to plea this out.
What?
446
00:16:25,945 --> 00:16:27,547
BERLUTI: Jerry,
if we lose here,
447
00:16:27,580 --> 00:16:29,882
your third strike,
you're gone for good.
448
00:16:29,916 --> 00:16:32,919
It's too risky not to think
about pleading.
449
00:16:34,020 --> 00:16:37,757
(music playing)
450
00:16:37,790 --> 00:16:38,858
Okay.
451
00:16:40,359 --> 00:16:42,562
Okay.
452
00:16:42,595 --> 00:16:44,230
I got a twin brother.
453
00:16:44,263 --> 00:16:45,765
He gonna pay you a visit.
454
00:16:45,798 --> 00:16:48,234
Why?
JERRY: Because he is.
455
00:16:48,935 --> 00:16:50,937
You just listen
to what he got to say.
456
00:16:54,907 --> 00:16:56,809
McCONNACLE: Your Honor,
this is an outrage.
457
00:16:56,843 --> 00:16:58,878
Lawrence O'Malley
was acquitted.
458
00:16:58,911 --> 00:17:00,346
The state doesn't like
that result
459
00:17:00,379 --> 00:17:02,949
so they're seeking
to lock him up civilly.
460
00:17:02,982 --> 00:17:04,917
It's a blatant end around
double jeopardy,
461
00:17:04,951 --> 00:17:06,919
not to mention
the constitution,
462
00:17:06,953 --> 00:17:09,255
and it offends every notion
of justice.
463
00:17:09,288 --> 00:17:11,423
SCANNEL: This isn't about
locking him up for a crime.
464
00:17:11,458 --> 00:17:12,492
McCONNACLE: Yes, it is.
465
00:17:12,525 --> 00:17:14,293
And don't offend
my intelligence
466
00:17:14,326 --> 00:17:16,463
or the integrity of this court
by pretending--
467
00:17:16,496 --> 00:17:18,665
If Ms. McConnacle
could climb down
468
00:17:18,698 --> 00:17:19,966
from her soapbox for a second--
469
00:17:19,999 --> 00:17:22,201
McCONNACLE: I have every right
to be on a soapbox.
470
00:17:22,234 --> 00:17:25,304
This is a despicable abuse
of police power.
471
00:17:25,972 --> 00:17:27,840
SPINDLE: I'm inclined to agree,
Mr. Scannel.
472
00:17:27,874 --> 00:17:30,209
You lose
at the criminal proceeding,
473
00:17:30,242 --> 00:17:34,080
so you simply try
to incarcerate him civilly.
474
00:17:34,113 --> 00:17:36,315
That doesn't violate
double jeopardy?
475
00:17:36,348 --> 00:17:38,150
SCANNEL:
He was acquitted of murder.
476
00:17:38,184 --> 00:17:39,185
He nevertheless
477
00:17:39,218 --> 00:17:41,420
professes to be Hannibal Lecter.
478
00:17:41,454 --> 00:17:42,689
He eats people.
479
00:17:42,722 --> 00:17:44,023
How can this court,
480
00:17:44,056 --> 00:17:45,191
or any government institution
481
00:17:45,224 --> 00:17:47,393
that purports
to safeguard the public,
482
00:17:47,426 --> 00:17:48,327
allow him to just--
483
00:17:48,360 --> 00:17:50,129
Has he threatened anybody?
484
00:17:50,162 --> 00:17:51,698
Yes.
485
00:17:51,731 --> 00:17:53,299
His own former lawyers
486
00:17:53,332 --> 00:17:54,333
are afraid of him.
487
00:17:54,366 --> 00:17:55,735
They're here
to give testimony.
488
00:17:55,768 --> 00:17:56,969
McCONNACLE: Let them get
restraining orders
489
00:17:57,003 --> 00:17:58,805
if they feel--
SCANNEL: It's not that simple.
490
00:17:58,838 --> 00:18:00,072
Your client is sick.
491
00:18:00,106 --> 00:18:02,542
McCONNACLE: So let's help
get him treatment then.
492
00:18:02,575 --> 00:18:04,577
You're seeking to throw him
into an asylum
493
00:18:04,611 --> 00:18:05,978
and lock him up.
SPINDLE: All right.
494
00:18:06,012 --> 00:18:08,581
Look, it smells pretty bad,
495
00:18:08,615 --> 00:18:10,249
Mr. Scannel.
496
00:18:10,282 --> 00:18:11,784
The government
didn't even try this
497
00:18:11,818 --> 00:18:12,852
with O. J.
498
00:18:12,885 --> 00:18:15,455
I'd like you to hear
from Lindsay Dole, Your Honor,
499
00:18:15,488 --> 00:18:17,256
and perhaps from some
of Mr. O'Malley's
500
00:18:17,289 --> 00:18:18,290
own doctors.
501
00:18:18,324 --> 00:18:20,259
Those doctors were hired
by the lawyers
502
00:18:20,292 --> 00:18:21,427
for the purpose of building
503
00:18:21,461 --> 00:18:22,762
an insanity defense.
504
00:18:22,795 --> 00:18:24,196
SPINDLE: Okay, Ms. McConnacle.
505
00:18:24,230 --> 00:18:26,232
The court notes your outrage.
506
00:18:28,300 --> 00:18:29,902
Mr. Scannel,
507
00:18:29,936 --> 00:18:31,403
I am not leaning your way,
508
00:18:32,839 --> 00:18:34,441
but I'll let you call
your witnesses.
509
00:18:34,474 --> 00:18:36,075
9:00 tomorrow.
510
00:18:36,108 --> 00:18:38,778
Until then Mr. O'Malley
stays in custody.
511
00:18:38,811 --> 00:18:39,612
We are adjourned.
512
00:18:39,646 --> 00:18:40,713
(gavel bangs)
513
00:18:42,181 --> 00:18:44,050
Clarice.
514
00:18:44,083 --> 00:18:44,717
Lawrence.
515
00:18:44,751 --> 00:18:45,952
What are you doing, Clarice?
516
00:18:45,985 --> 00:18:47,053
Come on, Lawrence.
Don't talk to her.
517
00:18:48,087 --> 00:18:49,456
All right, sir.
518
00:18:49,489 --> 00:18:51,223
(indistinct chatter)
519
00:19:12,211 --> 00:19:13,846
You were with
your brother?
520
00:19:13,880 --> 00:19:15,081
DR. COCHRAN:
Not for the entire evening,
521
00:19:15,114 --> 00:19:16,248
but I was at his apartment
522
00:19:16,282 --> 00:19:18,651
from about 8:30 to 10:00.
523
00:19:18,685 --> 00:19:20,186
That's kind of convenient.
524
00:19:20,920 --> 00:19:22,154
YOUNG: If it is true,
525
00:19:22,188 --> 00:19:23,122
why have you waited until now
526
00:19:23,155 --> 00:19:24,557
to come forward
527
00:19:24,591 --> 00:19:26,125
or why didn't your brother
tell us this?
528
00:19:26,659 --> 00:19:29,261
I'm an oncologist, Mr. Young.
529
00:19:29,295 --> 00:19:31,263
I have a fairly
distinguished career.
530
00:19:31,297 --> 00:19:32,965
I have a family.
531
00:19:32,999 --> 00:19:36,002
If I were to testify
in this trial,
532
00:19:36,035 --> 00:19:39,005
I'm afraid the public
association would...
533
00:19:40,673 --> 00:19:42,909
my brother was respecting
my wishes,
534
00:19:42,942 --> 00:19:45,377
but he now tells me
that he could lose.
535
00:19:45,411 --> 00:19:46,378
And in good conscience,
536
00:19:46,412 --> 00:19:48,848
I can no longer stay silent.
537
00:19:48,881 --> 00:19:50,683
You close to your brother?
538
00:19:50,717 --> 00:19:52,184
Yes, I am.
539
00:19:52,218 --> 00:19:53,786
And you're asking us
to believe
540
00:19:53,820 --> 00:19:55,888
you sat quiet on an alibi
541
00:19:55,922 --> 00:19:57,890
because being associated
542
00:19:57,924 --> 00:19:58,791
with your brother
543
00:19:58,825 --> 00:20:00,092
would hurt your career?
544
00:20:00,126 --> 00:20:01,160
That's correct.
545
00:20:01,193 --> 00:20:02,495
YOUNG: And that your brother
was willing
546
00:20:02,529 --> 00:20:04,196
to let you stay quiet
547
00:20:04,230 --> 00:20:06,265
and face life in prison
548
00:20:06,298 --> 00:20:10,002
rather than blemish
your career?
549
00:20:10,036 --> 00:20:11,671
Wow.
550
00:20:11,704 --> 00:20:13,205
I was at his apartment
551
00:20:13,239 --> 00:20:14,874
between 8:30 and 10:00.
552
00:20:14,907 --> 00:20:16,443
We can't put somebody up there
553
00:20:16,476 --> 00:20:18,244
to commit perjury,
Dr. Cochran.
554
00:20:18,277 --> 00:20:19,479
I won't be committing perjury,
555
00:20:19,512 --> 00:20:20,647
Mr. Berluti.
556
00:20:20,680 --> 00:20:22,815
I was with my brother
from 8:30 to 10:00.
557
00:20:22,849 --> 00:20:25,217
YOUNG: Your brother's semen
was found in the victim.
558
00:20:25,251 --> 00:20:26,318
The DNA proves it.
559
00:20:26,352 --> 00:20:28,387
I'm told the DNA
is inadmissible
560
00:20:28,420 --> 00:20:29,789
and possibly inaccurate.
561
00:20:29,822 --> 00:20:31,123
We're not going to call you.
562
00:20:31,157 --> 00:20:31,891
Why?
563
00:20:31,924 --> 00:20:33,125
YOUNG: Why?
564
00:20:33,159 --> 00:20:34,627
Because if it looks like
you're lying,
565
00:20:34,661 --> 00:20:35,528
which it will,
566
00:20:35,562 --> 00:20:37,797
that'll hurt him.
567
00:20:37,830 --> 00:20:40,166
Well, I'm not a lawyer,
Mr. Young,
568
00:20:40,199 --> 00:20:42,469
but it seems to me
if a witness comes forth
569
00:20:42,502 --> 00:20:44,403
with exculpatory evidence,
570
00:20:44,437 --> 00:20:45,638
evidence which you cannot
571
00:20:45,672 --> 00:20:47,607
establish as being false,
572
00:20:47,640 --> 00:20:49,241
and if the client directs you
573
00:20:49,275 --> 00:20:51,377
to call that witness,
574
00:20:51,410 --> 00:20:53,079
it would be grounds
for malpractice
575
00:20:53,112 --> 00:20:54,781
for you not to do so.
576
00:20:57,316 --> 00:20:59,719
Now, would you like to prep
my testimony
577
00:20:59,752 --> 00:21:03,255
or shall I just meet you
at the courthouse?
578
00:21:03,289 --> 00:21:06,058
(music playing)
579
00:21:18,571 --> 00:21:20,740
DOLE: He would talk about
the book of Genesis
580
00:21:20,773 --> 00:21:23,109
and how by eating the women,
581
00:21:24,143 --> 00:21:25,878
he would become one with them,
582
00:21:25,912 --> 00:21:27,880
and he could take them
to heaven.
583
00:21:27,914 --> 00:21:29,148
SCANNEL: Mr. O'Malley said that?
584
00:21:29,181 --> 00:21:30,917
DOLE: Yes.
585
00:21:30,950 --> 00:21:32,652
And he'd say
how he'd make sure
586
00:21:32,685 --> 00:21:34,854
that I'd go to heaven.
587
00:21:34,887 --> 00:21:36,689
And you interpreted
that to mean?
588
00:21:36,723 --> 00:21:38,591
I was going to die.
589
00:21:38,625 --> 00:21:40,292
And I didn't have
to interpret,
590
00:21:40,326 --> 00:21:41,393
he said so.
591
00:21:41,427 --> 00:21:44,263
He said the other man
was going to get me.
592
00:21:44,296 --> 00:21:46,032
SCANNEL: In the course
of your representation
593
00:21:46,065 --> 00:21:47,399
of Mr. O'Malley,
594
00:21:47,434 --> 00:21:48,768
did you form a lay opinion
595
00:21:48,801 --> 00:21:50,102
as to his mental health?
596
00:21:50,136 --> 00:21:51,838
He's sick and he's dangerous.
597
00:21:51,871 --> 00:21:52,572
He murdered--
598
00:21:52,605 --> 00:21:53,906
McCONNACLE: Objection.
599
00:21:53,940 --> 00:21:55,542
Mr. O'Malley was cleared
600
00:21:55,575 --> 00:21:57,243
of all charges of murder.
601
00:21:57,276 --> 00:21:58,144
DOLE: He's a cannibal.
602
00:21:58,177 --> 00:21:59,612
He thinks
he's Hannibal Lecter,
603
00:21:59,646 --> 00:22:00,480
for God's sake.
604
00:22:00,513 --> 00:22:01,914
He goes after women,
605
00:22:01,948 --> 00:22:05,284
and he has made it clear
that he is coming after me.
606
00:22:05,317 --> 00:22:06,753
He should be locked up.
607
00:22:06,786 --> 00:22:07,920
Ms. Dole,
608
00:22:09,989 --> 00:22:11,157
clearly,
609
00:22:11,190 --> 00:22:13,726
you recognize
how unusual this is
610
00:22:13,760 --> 00:22:15,327
for a lawyer
to be giving testimony
611
00:22:15,361 --> 00:22:17,229
against a former client.
612
00:22:17,864 --> 00:22:19,131
Yes.
613
00:22:21,367 --> 00:22:23,770
Uh, and I've never done
so before.
614
00:22:24,837 --> 00:22:26,405
But I consider this man
615
00:22:26,439 --> 00:22:29,308
to pose an extreme risk
to the public
616
00:22:29,341 --> 00:22:33,012
and I suppose,
particularly to me,
617
00:22:33,045 --> 00:22:37,016
because he consumes women
he has a relationship with.
618
00:22:37,049 --> 00:22:39,351
He seems to believe
he has one
619
00:22:39,385 --> 00:22:41,387
with me.
620
00:22:41,754 --> 00:22:43,255
Thank you, Ms. Dole.
621
00:22:49,261 --> 00:22:50,797
Why are you doing this?
622
00:22:50,830 --> 00:22:53,766
SPINDLE: Mr. O'Malley,
please take your seat.
623
00:22:53,800 --> 00:22:56,436
Your Honor, I prefer to ask
the questions myself.
624
00:22:56,469 --> 00:22:58,905
I don't recommend that,
625
00:22:58,938 --> 00:23:01,173
and since you have
a lawyer here...
626
00:23:01,207 --> 00:23:02,975
O'MALLEY: My lawyer
doesn't know the witness,
627
00:23:03,009 --> 00:23:04,811
I do.
628
00:23:04,844 --> 00:23:07,046
And I believe
it's the right of the accused
629
00:23:07,079 --> 00:23:08,948
to confront my accuser.
630
00:23:08,981 --> 00:23:10,750
SPINDLE:
That's for criminal proceedings.
631
00:23:10,783 --> 00:23:12,619
This is a civil matter.
632
00:23:12,652 --> 00:23:16,656
Again, I will ask you
to please sit.
633
00:23:27,033 --> 00:23:29,969
During the course
of your representation,
634
00:23:30,002 --> 00:23:33,239
at any time did you seek
police protection?
635
00:23:33,272 --> 00:23:34,306
I didn't have to then.
636
00:23:34,340 --> 00:23:36,342
He was in custody,
wearing a muzzle.
637
00:23:36,375 --> 00:23:37,677
Now, he's not.
638
00:23:37,710 --> 00:23:39,612
Well, upon the reading
of the verdict,
639
00:23:39,646 --> 00:23:42,715
he was released
from custody in your presence.
640
00:23:42,749 --> 00:23:43,816
Did you protest?
641
00:23:43,850 --> 00:23:45,084
I should have.
642
00:23:45,117 --> 00:23:46,285
McCONNACLE: But you didn't.
643
00:23:46,318 --> 00:23:49,388
He walked out of the courtroom
while you watched silently,
644
00:23:49,421 --> 00:23:50,490
isn't that right?
645
00:23:50,523 --> 00:23:51,891
DOLE: I think
I was a little stunned
646
00:23:51,924 --> 00:23:53,493
by the not guilty verdict.
647
00:23:53,526 --> 00:23:56,028
Did anything happen
since he was released
648
00:23:56,062 --> 00:23:57,564
to make you scared?
649
00:23:57,597 --> 00:23:58,765
I got a phone call.
650
00:23:58,798 --> 00:23:59,899
McCONNACLE:
From Mr. O'Malley?
651
00:23:59,932 --> 00:24:01,634
I believe
it was him, yes.
652
00:24:01,668 --> 00:24:04,771
Well, did he identify himself?
653
00:24:04,804 --> 00:24:06,405
No.
654
00:24:06,439 --> 00:24:08,708
There was silence
and then a hang-up.
655
00:24:08,741 --> 00:24:11,644
McCONNACLE: Well, why do you
believe it was my client?
656
00:24:11,678 --> 00:24:12,411
I just do.
657
00:24:12,445 --> 00:24:13,713
McCONNACLE: You just do.
658
00:24:13,746 --> 00:24:15,748
Anything else happened
since the verdict?
659
00:24:15,782 --> 00:24:17,950
No.
McCONNACLE: No.
660
00:24:17,984 --> 00:24:21,120
So we are here because you got
an anonymous call
661
00:24:21,153 --> 00:24:24,256
you think came
from Mr. O'Malley?
662
00:24:24,290 --> 00:24:26,693
Did you go to the police
after you got this phone call?
663
00:24:26,726 --> 00:24:28,094
I went to Helen Gamble.
664
00:24:28,127 --> 00:24:29,729
Helen Gamble.
665
00:24:29,762 --> 00:24:32,131
And she took care
of getting my client picked up,
666
00:24:32,164 --> 00:24:34,300
is that correct?
Yes.
667
00:24:34,333 --> 00:24:35,968
McCONNACLE:
She's a close friend.
668
00:24:36,002 --> 00:24:38,004
You and Ms. Gamble
even used to be roommates,
669
00:24:38,037 --> 00:24:38,871
didn't you?
670
00:24:38,905 --> 00:24:39,872
Yes.
671
00:24:39,906 --> 00:24:41,641
Thank you.
672
00:24:42,975 --> 00:24:45,978
(music playing)
673
00:24:54,286 --> 00:24:56,689
YOUNG: It's a little difficult
to believe, sir,
674
00:24:56,723 --> 00:24:59,291
that you'd wait till now
to come forward.
675
00:24:59,325 --> 00:25:00,793
I realize that.
676
00:25:00,827 --> 00:25:02,995
All I can say
is I had my reasons.
677
00:25:03,029 --> 00:25:05,097
The important thing
is I'm here now.
678
00:25:05,131 --> 00:25:06,933
YOUNG: So you went
to your brother's home
679
00:25:06,966 --> 00:25:07,967
around 8:30?
680
00:25:08,000 --> 00:25:09,068
Yes.
681
00:25:09,101 --> 00:25:10,202
We talked for a while,
682
00:25:10,236 --> 00:25:12,204
maybe an hour or so,
683
00:25:12,238 --> 00:25:13,272
and then I left.
684
00:25:13,305 --> 00:25:15,007
YOUNG: After an hour or so?
685
00:25:15,041 --> 00:25:15,942
DR. COCHRAN: Yes.
686
00:25:15,975 --> 00:25:18,911
It was on my way home
that I first saw her.
687
00:25:20,079 --> 00:25:21,013
Saw who?
688
00:25:21,047 --> 00:25:22,281
Her.
689
00:25:24,016 --> 00:25:26,252
She was going
into her apartment building.
690
00:25:26,285 --> 00:25:28,254
YOUNG: Wait a second.
691
00:25:28,287 --> 00:25:30,590
You also saw Ms. Fairbanks
that night?
692
00:25:30,623 --> 00:25:32,158
Yes.
693
00:25:32,191 --> 00:25:33,860
YOUNG: You didn't tell me this.
694
00:25:33,893 --> 00:25:36,162
Well, it's a little difficult
to just come out
695
00:25:36,195 --> 00:25:38,364
with something like that.
696
00:25:38,397 --> 00:25:40,567
I'm still not sure I can.
697
00:25:41,100 --> 00:25:43,102
Come out with what?
698
00:25:45,304 --> 00:25:47,173
That it was me.
699
00:25:47,206 --> 00:25:48,975
That I was the one
who raped her.
700
00:25:49,008 --> 00:25:50,176
Your Honor.
701
00:25:51,210 --> 00:25:53,012
WHITE: We're gonna take
a short recess.
702
00:25:53,045 --> 00:25:55,314
Counsel, chambers.
703
00:25:55,347 --> 00:25:58,350
(music playing)
704
00:26:05,758 --> 00:26:07,760
(door closes)
705
00:26:09,128 --> 00:26:11,163
What? You think I knew
that was coming?
706
00:26:11,197 --> 00:26:13,733
What exactly did he tell you
he planned to say?
707
00:26:13,766 --> 00:26:15,668
Just that he was
with his brother.
708
00:26:15,702 --> 00:26:17,870
Obviously, he didn't tell me
what he really planned to say
709
00:26:17,904 --> 00:26:19,672
because he feared
I wouldn't put him up there
710
00:26:19,706 --> 00:26:20,673
if I knew.
711
00:26:20,707 --> 00:26:22,775
GAMBLE: You have to call
a mistrial.
712
00:26:22,809 --> 00:26:24,243
Double jeopardy. He'll...
GAMBLE: Not when
713
00:26:24,276 --> 00:26:25,612
it's defense misconduct.
714
00:26:25,645 --> 00:26:26,879
We didn't know.
715
00:26:26,913 --> 00:26:29,081
Mr. Young, if I find out
you orchestrated this...
716
00:26:29,115 --> 00:26:30,182
Come on.
717
00:26:30,216 --> 00:26:31,884
It doesn't even help us.
718
00:26:31,918 --> 00:26:35,187
Talk about him having
no credibility before.
719
00:26:35,221 --> 00:26:37,957
Ms. Gamble,
you can either cross him now
720
00:26:37,990 --> 00:26:40,660
or I'll continue the case
and let you investigate.
721
00:26:40,693 --> 00:26:42,261
Your call.
722
00:26:43,095 --> 00:26:45,097
I'd like to be able to argue
723
00:26:45,131 --> 00:26:48,000
that the defendant
was facing the 3-strike law.
724
00:26:48,034 --> 00:26:49,736
What?
GAMBLE: Goes to bias.
725
00:26:49,769 --> 00:26:52,071
It explains why his brother
would lie for him
726
00:26:52,104 --> 00:26:54,173
since he's facing
life imprisonment.
727
00:26:54,206 --> 00:26:56,175
I can't let you
argue that, Ms. Gamble,
728
00:26:56,208 --> 00:26:58,344
and you know it.
729
00:27:01,981 --> 00:27:05,518
GAMBLE: So you just drove by,
saw the victim, and raped her?
730
00:27:05,552 --> 00:27:06,252
DR. COCHRAN: Yes.
731
00:27:06,285 --> 00:27:07,554
Ever rape anyone else?
732
00:27:07,587 --> 00:27:08,621
No.
733
00:27:08,655 --> 00:27:09,889
Ever commit a crime before?
734
00:27:09,922 --> 00:27:10,923
No.
735
00:27:10,957 --> 00:27:12,992
You're an oncologist,
Dr. Cochran?
736
00:27:13,025 --> 00:27:13,993
Yes.
737
00:27:14,026 --> 00:27:14,727
GAMBLE: How much money
738
00:27:14,761 --> 00:27:15,962
do you make annually?
739
00:27:15,995 --> 00:27:18,431
DR. COCHRAN:
A little over $300,000.
740
00:27:18,465 --> 00:27:19,566
Family?
741
00:27:19,599 --> 00:27:21,267
It's because I have a family,
742
00:27:21,300 --> 00:27:22,769
because I have a career.
743
00:27:22,802 --> 00:27:24,571
That's why you raped her?
744
00:27:24,604 --> 00:27:26,639
It's why when my brother
was arrested,
745
00:27:26,673 --> 00:27:27,840
he stayed silent.
746
00:27:27,874 --> 00:27:30,276
He was prepared
to let himself be prosecuted
747
00:27:30,309 --> 00:27:32,011
for something he didn't do
748
00:27:32,044 --> 00:27:34,581
because he didn't want me
to lose all I had.
749
00:27:34,614 --> 00:27:36,716
Oh, I see.
So he was happy
750
00:27:36,749 --> 00:27:38,485
to go to prison for a crime
751
00:27:38,518 --> 00:27:39,652
you committed?
752
00:27:39,686 --> 00:27:41,053
Yes.
753
00:27:41,087 --> 00:27:43,055
Well, he must
really love you.
754
00:27:43,089 --> 00:27:45,224
He does.
755
00:27:45,257 --> 00:27:48,060
He also knows what this will do
to our parents.
756
00:27:48,094 --> 00:27:50,329
I was the one who made it,
757
00:27:50,362 --> 00:27:53,733
the one who finally
made the family proud.
758
00:27:54,767 --> 00:27:56,969
He decided
he'd sacrifice himself.
759
00:27:57,003 --> 00:27:59,839
GAMBLE: So you said
to yourself, sounds good.
760
00:27:59,872 --> 00:28:02,542
I tried to go along with it
for the same reasons,
761
00:28:02,575 --> 00:28:05,778
but ultimately I couldn't.
762
00:28:05,812 --> 00:28:07,947
That's why I'm here today,
to tell the truth.
763
00:28:07,980 --> 00:28:08,915
GAMBLE: So, Doctor,
764
00:28:08,948 --> 00:28:11,684
you know once your brother
is acquitted,
765
00:28:11,718 --> 00:28:12,885
double jeopardy applies,
766
00:28:12,919 --> 00:28:15,221
and he can never
be retried, right?
767
00:28:15,254 --> 00:28:16,489
I'm not a lawyer.
768
00:28:16,523 --> 00:28:17,524
GAMBLE:
You're not a lawyer.
769
00:28:17,557 --> 00:28:21,461
Is it your testimony
that you don't know
770
00:28:21,494 --> 00:28:23,362
once your brother
is acquitted,
771
00:28:23,395 --> 00:28:25,565
he can never be retried?
772
00:28:25,598 --> 00:28:27,667
I know
what double jeopardy is.
773
00:28:27,700 --> 00:28:31,337
GAMBLE: So if he's acquitted
and you get arrested,
774
00:28:31,370 --> 00:28:34,040
he can testify at your trial
775
00:28:34,073 --> 00:28:35,374
that he did it.
776
00:28:35,407 --> 00:28:36,142
Objection!
777
00:28:36,175 --> 00:28:37,644
Overruled.
778
00:28:37,677 --> 00:28:41,047
My brother is innocent.
779
00:28:41,080 --> 00:28:43,415
I'm the one who did it.
780
00:28:49,789 --> 00:28:51,458
YOUNG: I don't like being played
for a fool, Doctor.
781
00:28:51,491 --> 00:28:53,460
If I told you
what I plan to say,
782
00:28:53,493 --> 00:28:54,861
would you have called me
to testify?
783
00:28:54,894 --> 00:28:56,095
If it's the truth, yes.
784
00:28:57,196 --> 00:28:58,698
You don't know
what the truth is, okay?
785
00:28:58,731 --> 00:29:00,266
Well, the jury's gonna know
what the truth is
786
00:29:00,299 --> 00:29:01,200
and I'm telling you better...
787
00:29:01,233 --> 00:29:03,402
You just explain it,
Counsel.
788
00:29:03,436 --> 00:29:05,404
Me and my brother
love each other.
789
00:29:05,438 --> 00:29:07,707
I was willing
to get arrested for rape
790
00:29:07,740 --> 00:29:09,542
rather than let his career
get wrecked.
791
00:29:09,576 --> 00:29:11,744
And when it looked like
I might get convicted,
792
00:29:11,778 --> 00:29:13,245
he came forward to say
what happened.
793
00:29:13,279 --> 00:29:14,514
That was our plan.
794
00:29:14,547 --> 00:29:16,716
And you just sell that, Counsel,
795
00:29:16,749 --> 00:29:18,785
because for all you know,
it could be the truth.
796
00:29:18,818 --> 00:29:19,752
I know it isn't the truth.
That's why I try to...
797
00:29:19,786 --> 00:29:21,954
JERRY:
You just sell it.
798
00:29:23,089 --> 00:29:26,092
(music playing)
799
00:29:54,521 --> 00:29:57,089
What's going on?
800
00:29:57,123 --> 00:30:00,092
First the DNA
and now the twin?
801
00:30:02,962 --> 00:30:05,131
Is he going to get off?
802
00:30:06,165 --> 00:30:07,934
I hope not.
803
00:30:10,603 --> 00:30:12,939
I'm so sorry.
804
00:30:12,972 --> 00:30:15,975
(music playing)
805
00:30:42,802 --> 00:30:44,837
This man is in need of serious
806
00:30:44,871 --> 00:30:46,939
and immediate help.
807
00:30:46,973 --> 00:30:48,240
Stand up, Mr. O'Malley.
808
00:30:54,013 --> 00:30:55,515
You eat people?
809
00:30:55,548 --> 00:30:57,950
Only dead ones,
Your Honor.
810
00:30:57,984 --> 00:31:00,520
I would never harm
a living soul,
811
00:31:01,888 --> 00:31:03,189
never.
812
00:31:03,590 --> 00:31:06,659
SPINDLE: Can you appreciate
how sick it is for you
813
00:31:06,693 --> 00:31:09,195
to consume human flesh?
814
00:31:09,228 --> 00:31:11,431
No one's complained
from PETA.
815
00:31:11,464 --> 00:31:13,633
SPINDLE: You think
this is funny, sir?
816
00:31:13,666 --> 00:31:16,836
Your Honor, I was forced
to stand trial for three murders
817
00:31:16,869 --> 00:31:18,471
I did not commit.
818
00:31:18,505 --> 00:31:19,572
I lost my job,
819
00:31:19,606 --> 00:31:22,041
and will likely
never get it back.
820
00:31:22,074 --> 00:31:23,242
I've had to sit
in a courtroom
821
00:31:23,275 --> 00:31:24,977
listening to people
calling me a monster.
822
00:31:25,011 --> 00:31:27,980
Allow me to find
some gallows humor where I can.
823
00:31:28,014 --> 00:31:30,583
I don't have to allow you
a damn thing,
824
00:31:31,584 --> 00:31:35,555
and if this were truly
a civil commitment hearing,
825
00:31:35,588 --> 00:31:38,791
I would throw you
in the deepest of holes,
826
00:31:39,826 --> 00:31:42,462
but this isn't that,
Mr. Scannel.
827
00:31:42,495 --> 00:31:44,864
It's a pretext.
828
00:31:44,897 --> 00:31:47,099
The Commonwealth failed
at the criminal trial,
829
00:31:47,133 --> 00:31:50,603
so you're trying
to take another whack.
830
00:31:50,637 --> 00:31:52,338
It violates double jeopardy,
831
00:31:52,371 --> 00:31:56,108
it insults the very system
we're sworn to uphold,
832
00:31:56,142 --> 00:31:59,145
and if I were to ever let you
get away with it,
833
00:31:59,178 --> 00:32:02,515
the DAs would be lined up
outside my courtroom door.
834
00:32:04,350 --> 00:32:05,985
The petition is denied.
835
00:32:07,119 --> 00:32:09,456
I am enjoining Mr. O'Malley
836
00:32:09,489 --> 00:32:12,659
from going within 500 yards
of Ms. Dole.
837
00:32:12,692 --> 00:32:15,094
Better pay attention
to that, sir.
838
00:32:16,629 --> 00:32:17,764
We're adjourned.
839
00:32:17,797 --> 00:32:19,599
Are you crazy?
Lindsay.
840
00:32:19,632 --> 00:32:21,901
He's a serial killer,
for God's sake.
841
00:32:21,934 --> 00:32:24,471
As a matter of law,
he isn't, Ms. Dole.
842
00:32:24,504 --> 00:32:25,572
He was acquitted.
843
00:32:25,605 --> 00:32:27,740
Why didn't you take more
witnesses, call the doctors?
844
00:32:27,774 --> 00:32:28,875
DONNELL: Lindsay.
Let go of me.
845
00:32:28,908 --> 00:32:30,710
What happens
if he kills again?
846
00:32:30,743 --> 00:32:32,244
We're adjourned.
847
00:32:32,278 --> 00:32:33,312
DOLE: What's wrong with you?
848
00:32:33,345 --> 00:32:36,148
You wear the robe
to protect the public.
849
00:32:36,182 --> 00:32:37,283
And I wear it
850
00:32:37,316 --> 00:32:41,120
to protect the integrity
of this room, Ms. Dole.
851
00:32:41,153 --> 00:32:43,055
I have made my ruling.
852
00:32:43,089 --> 00:32:46,325
I would advise you
strongly to end it
853
00:32:46,358 --> 00:32:48,661
right now.
854
00:32:56,035 --> 00:32:57,604
Lindsay, come on.
DOLE: Why didn't you call
855
00:32:57,637 --> 00:32:58,871
the doctors?
856
00:32:58,905 --> 00:32:59,772
It wouldn't have mattered.
857
00:32:59,806 --> 00:33:00,773
Of course,
it would have mattered.
858
00:33:00,807 --> 00:33:02,742
They would have testified
that he's insane.
859
00:33:02,775 --> 00:33:03,743
SCANNEL: But his lawyers
would have asked
860
00:33:03,776 --> 00:33:05,912
why they didn't initiate
commitment proceedings?
861
00:33:05,945 --> 00:33:07,146
DONNELL: We at least got
a restraining order
862
00:33:07,179 --> 00:33:08,180
if he tries to pull anything.
863
00:33:08,214 --> 00:33:09,215
SCANNEL: Yeah.
864
00:33:15,922 --> 00:33:17,156
Come near me,
865
00:33:17,189 --> 00:33:18,925
I'll kill you.
866
00:33:23,329 --> 00:33:24,531
DONNELL: Let's go.
867
00:33:30,102 --> 00:33:32,905
GAMBLE: We all know what
is gonna happen next.
868
00:33:32,939 --> 00:33:35,007
If you acquit,
869
00:33:35,041 --> 00:33:38,177
double jeopardy
will reattach,
870
00:33:38,210 --> 00:33:41,514
and the defendant
can never be retried.
871
00:33:41,848 --> 00:33:45,084
What he can do
is take the stand
872
00:33:45,117 --> 00:33:47,386
at the doctor's rape trial,
873
00:33:47,419 --> 00:33:49,355
say he did it,
874
00:33:49,388 --> 00:33:52,258
and gift-wrap reasonable doubt
for the doctor.
875
00:33:53,225 --> 00:33:55,462
Why would these brothers
resort to something
876
00:33:55,495 --> 00:33:57,229
so desperate?
877
00:33:57,263 --> 00:34:00,767
Because the victim saw the man
878
00:34:00,800 --> 00:34:02,334
that raped her.
879
00:34:02,368 --> 00:34:05,772
She positively
identified the defendant
880
00:34:05,805 --> 00:34:07,273
as being that man,
881
00:34:08,174 --> 00:34:11,744
and the defendant
had no alibi.
882
00:34:12,745 --> 00:34:15,347
This grand stunt
was all they had,
883
00:34:15,381 --> 00:34:17,817
never mind how ridiculous.
884
00:34:17,850 --> 00:34:20,753
The evil twin comes forward
under oath to say,
885
00:34:20,787 --> 00:34:22,221
"It was me."
886
00:34:23,656 --> 00:34:25,391
That woman was raped,
887
00:34:25,424 --> 00:34:26,659
almost killed.
888
00:34:31,063 --> 00:34:33,533
This is what
the defendant did to her.
889
00:34:38,771 --> 00:34:41,508
This isn't a game of strategy
890
00:34:41,541 --> 00:34:43,976
and tricks and antics.
891
00:34:44,010 --> 00:34:45,912
She was raped.
892
00:34:46,679 --> 00:34:47,880
I've tried many cases,
893
00:34:47,914 --> 00:34:50,483
and every time
I have asked the jury
894
00:34:50,517 --> 00:34:51,851
to follow the evidence,
895
00:34:51,884 --> 00:34:54,053
which I will do again here.
896
00:34:54,086 --> 00:34:56,456
But for the very first time,
897
00:34:56,489 --> 00:34:58,458
I am going to ask the 12 of you
898
00:34:58,491 --> 00:35:00,827
to follow your hearts.
899
00:35:00,860 --> 00:35:04,931
I believe most people
are fundamentally moral.
900
00:35:05,732 --> 00:35:07,333
And I don't think
it's wrong
901
00:35:07,366 --> 00:35:10,670
for you to let conscience
be one of your guides
902
00:35:10,703 --> 00:35:13,640
as you go back
to that deliberating room.
903
00:35:14,641 --> 00:35:17,577
We all know
who committed this crime.
904
00:35:18,778 --> 00:35:22,615
We know the brother is lying
to save him.
905
00:35:23,650 --> 00:35:24,917
(sighs)
906
00:35:28,655 --> 00:35:31,123
A woman was raped.
907
00:35:43,269 --> 00:35:46,439
Let conscience be
your guide.
908
00:35:50,109 --> 00:35:52,779
This country
has never trusted conscience
909
00:35:52,812 --> 00:35:54,246
as a directional,
910
00:35:54,280 --> 00:35:56,315
and why should we?
911
00:35:56,348 --> 00:35:59,285
In Washington,
even our most noble politicians
912
00:35:59,318 --> 00:36:02,354
sell their opinions
to special interest groups.
913
00:36:02,388 --> 00:36:03,556
They have to.
914
00:36:03,590 --> 00:36:06,392
Without money,
you can't get elected.
915
00:36:06,425 --> 00:36:07,794
Read the papers lately?
916
00:36:07,827 --> 00:36:10,897
You think the Catholic Church
is guided by conscience?
917
00:36:11,397 --> 00:36:13,933
It's exactly
because we don't trust society
918
00:36:13,966 --> 00:36:15,367
to act out of conscience
919
00:36:15,401 --> 00:36:18,838
that we've declared ourselves
a nation of laws.
920
00:36:18,871 --> 00:36:21,808
Laws.
We must follow the law.
921
00:36:21,841 --> 00:36:24,677
Laws are what we have
to prevent anarchy,
922
00:36:24,711 --> 00:36:25,812
and they should be.
923
00:36:25,845 --> 00:36:28,314
Suicide bombers act out
of conscience,
924
00:36:28,347 --> 00:36:29,315
for God's sake.
925
00:36:29,348 --> 00:36:33,052
In America,
we go for the law.
926
00:36:34,086 --> 00:36:36,155
In the criminal-justice system,
927
00:36:36,188 --> 00:36:38,691
the law mandates
that in order to convict,
928
00:36:38,725 --> 00:36:41,093
you must find the accused guilty
929
00:36:41,127 --> 00:36:43,295
beyond all reasonable doubt.
930
00:36:43,329 --> 00:36:45,832
You can't do that here.
931
00:36:45,865 --> 00:36:49,301
The prosecution's entire case
is the victim's ID,
932
00:36:49,335 --> 00:36:51,838
an ID which is highly suspect.
933
00:36:51,871 --> 00:36:54,574
She had no idea
how tall he was.
934
00:36:54,607 --> 00:36:56,676
She said the man
had no facial hair.
935
00:36:56,709 --> 00:36:58,645
My client had a moustache.
936
00:36:58,678 --> 00:37:01,848
She was admittedly in and out
of consciousness
937
00:37:01,881 --> 00:37:03,816
while forming her observation,
938
00:37:03,850 --> 00:37:06,018
and she was also in shock.
939
00:37:06,052 --> 00:37:10,056
Can we trust
what she thinks she saw
940
00:37:11,924 --> 00:37:14,661
beyond all reasonable doubt?
941
00:37:17,930 --> 00:37:19,899
Add to that
942
00:37:19,932 --> 00:37:23,670
another man has come forward
confessing to the crime.
943
00:37:23,703 --> 00:37:25,472
The DA may not believe him.
944
00:37:25,505 --> 00:37:27,774
You might not believe him.
945
00:37:27,807 --> 00:37:30,242
It could be nothing
more than brotherly love,
946
00:37:30,276 --> 00:37:33,480
but that confession
stands unrefuted.
947
00:37:34,447 --> 00:37:36,215
Unrefuted.
948
00:37:36,248 --> 00:37:38,150
Even the victim
can't contradict it,
949
00:37:38,184 --> 00:37:41,554
because that man looks
just like this man,
950
00:37:41,588 --> 00:37:43,823
the one she described.
951
00:37:45,424 --> 00:37:47,259
Follow the law.
952
00:37:48,327 --> 00:37:51,898
But even your conscience
has to tell you here
953
00:37:51,931 --> 00:37:54,300
there's reasonable doubt.
954
00:38:04,276 --> 00:38:05,845
DONNELL: Obviously, if the guy
should ever show up here,
955
00:38:05,878 --> 00:38:07,079
just call the police.
956
00:38:07,113 --> 00:38:08,047
Okay.
957
00:38:08,080 --> 00:38:09,015
Where is Lindsay?
958
00:38:09,048 --> 00:38:09,782
(phone rings)
959
00:38:09,816 --> 00:38:10,683
She's in my office.
960
00:38:10,717 --> 00:38:11,884
I'm gonna take her home.
961
00:38:11,918 --> 00:38:13,720
Well, could you make her take
a couple of days off?
962
00:38:13,753 --> 00:38:15,822
DONNELL: I'm trying,
believe me.
963
00:38:15,855 --> 00:38:17,957
I can't believe this man
is on the street.
964
00:38:18,658 --> 00:38:20,026
(sighs) That was Eugene.
965
00:38:20,059 --> 00:38:21,861
The jury was out 11 minutes.
966
00:38:23,095 --> 00:38:24,631
And they have a verdict?
967
00:38:24,664 --> 00:38:26,599
They just got called back in.
968
00:38:26,633 --> 00:38:28,334
(music playing)
969
00:38:42,849 --> 00:38:44,784
Will the defendant
please rise?
970
00:38:47,854 --> 00:38:50,823
Mr. Foreman,
has the jury reached a verdict?
971
00:38:51,290 --> 00:38:52,492
We have, Your Honor.
972
00:38:52,525 --> 00:38:53,660
What say you?
973
00:38:53,693 --> 00:38:56,128
Commonwealth
vs. Jerry Cochran
974
00:38:56,162 --> 00:38:57,997
on the charge
of aggravated rape,
975
00:38:58,030 --> 00:39:00,800
we find the defendant,
Jerry Cochran,
976
00:39:00,833 --> 00:39:02,401
guilty.
977
00:39:02,435 --> 00:39:05,204
(indistinct chatter)
978
00:39:05,237 --> 00:39:06,839
WHITE: Mr. Cochran
979
00:39:06,873 --> 00:39:07,707
you have been convicted
980
00:39:07,740 --> 00:39:10,042
by a jury of your peers.
981
00:39:10,076 --> 00:39:13,079
Security, take the defendant
into custody.
982
00:39:13,746 --> 00:39:15,214
This matter is now adjourned.
983
00:39:15,247 --> 00:39:16,315
(gavel bangs)
984
00:39:18,685 --> 00:39:21,353
YOUNG: We'll review
whatever grounds we have
985
00:39:21,387 --> 00:39:24,390
and let you know if there
are any possible appeals.
986
00:39:24,423 --> 00:39:26,158
Okay.
987
00:39:26,192 --> 00:39:28,194
(music playing)
988
00:39:39,038 --> 00:39:40,773
Thank you.
989
00:39:44,143 --> 00:39:45,745
Is there a chance for appeal?
990
00:39:45,778 --> 00:39:46,913
I don't know.
991
00:39:46,946 --> 00:39:48,848
An 11-minute deliberation,
992
00:39:48,881 --> 00:39:50,249
it could be good for something.
993
00:39:50,282 --> 00:39:51,651
It's worth raising.
994
00:39:51,684 --> 00:39:53,119
We'll see
what we can figure out.
995
00:39:53,720 --> 00:39:55,387
GAMBLE: Dr. Cochran,
996
00:39:55,421 --> 00:39:57,724
I'd cancel your appointments
for the afternoon.
997
00:39:57,757 --> 00:40:00,860
I'll be sending officers
to arrest you for perjury.
998
00:40:02,394 --> 00:40:03,796
You made a big mistake.
999
00:40:07,399 --> 00:40:08,968
They can't get me on that,
can they?
1000
00:40:09,001 --> 00:40:10,302
You lied under oath.
1001
00:40:10,336 --> 00:40:11,337
But how can they prove it?
1002
00:40:11,370 --> 00:40:13,072
I can just keep
telling them I did it.
1003
00:40:13,105 --> 00:40:14,441
YOUNG: That DNA evidence,
1004
00:40:14,474 --> 00:40:16,242
it couldn't be used
against your brother,
1005
00:40:16,275 --> 00:40:18,745
but it can be used
against you to prove you lied.
1006
00:40:18,778 --> 00:40:19,712
DR. COCHRAN: Mr. Young,
1007
00:40:19,746 --> 00:40:21,448
Jerry and I
are identical twins.
1008
00:40:21,481 --> 00:40:23,415
We have the same DNA.
1009
00:40:25,585 --> 00:40:28,621
YOUNG: Still that story's
a little tough to swallow.
1010
00:40:28,655 --> 00:40:31,658
Well, if we really
get desperate,
1011
00:40:31,691 --> 00:40:32,959
I can just show them
the scar
1012
00:40:32,992 --> 00:40:34,794
where she gouged me
with a key.
1013
00:40:34,827 --> 00:40:37,830
(music playing)
1014
00:40:41,033 --> 00:40:43,135
My brother tried to tell you.
1015
00:40:43,169 --> 00:40:45,337
You don't know
what the truth is.
1016
00:40:58,384 --> 00:41:00,787
MAN (over TV):
"Boy (indistinct)
1017
00:41:00,820 --> 00:41:03,189
that could see Ms. Laura Hunt."
1018
00:41:03,856 --> 00:41:05,492
MAN (over TV): (indistinct)
1019
00:41:05,525 --> 00:41:07,026
WOMAN (over TV):
Gentlemen, I'm...
1020
00:41:07,059 --> 00:41:09,862
DONNELL: You finally
went out after--
1021
00:41:11,498 --> 00:41:13,733
or not.
1022
00:41:13,766 --> 00:41:15,668
MAN (over TV): I wish
to point out that you caught me
1023
00:41:15,702 --> 00:41:17,937
in my most difficult moment.
1024
00:41:17,970 --> 00:41:20,540
Ordinarily,
I am not without a heart.
1025
00:41:20,573 --> 00:41:22,208
WOMAN (over TV): Really?
1026
00:41:22,241 --> 00:41:24,544
(door bell rings)
1027
00:41:26,579 --> 00:41:29,549
(music playing)
1028
00:41:47,166 --> 00:41:48,435
We need to talk, Clarice.
1029
00:41:48,468 --> 00:41:50,236
There's a restraining order.
1030
00:41:50,269 --> 00:41:51,438
You just screwed up.
1031
00:41:54,306 --> 00:41:55,141
O'MALLEY: No, please.
1032
00:41:55,174 --> 00:41:57,477
Don't. Just 30 seconds,
then I'll go.
1033
00:41:57,510 --> 00:41:58,244
I swear.
1034
00:41:58,277 --> 00:41:59,411
DOLE: Bobby!
1035
00:41:59,446 --> 00:42:00,780
Yes, this is an emergency.
1036
00:42:00,813 --> 00:42:02,414
There's an intruder
in my house.
1037
00:42:02,449 --> 00:42:03,550
What's wrong?
1038
00:42:03,583 --> 00:42:04,951
DOLE: His name
is Lawrence O'Malley.
1039
00:42:04,984 --> 00:42:06,953
O'MALLEY: I promise, I'm not
here to cause anybody any harm.
1040
00:42:06,986 --> 00:42:09,321
I just need to talk
to her, please.
1041
00:42:10,790 --> 00:42:11,824
The police are coming.
1042
00:42:11,858 --> 00:42:13,793
Just tell me why
you betrayed me, Clarice.
1043
00:42:13,826 --> 00:42:14,727
I need to know.
1044
00:42:14,761 --> 00:42:16,362
Get out
before I throw you out.
1045
00:42:17,830 --> 00:42:19,198
You might get hurt.
1046
00:42:19,231 --> 00:42:20,433
Who are you?
1047
00:42:20,467 --> 00:42:22,569
You know who I am.
1048
00:42:25,137 --> 00:42:27,707
You're in danger, Clarice.
1049
00:42:27,740 --> 00:42:29,308
He is coming for you.
1050
00:42:29,341 --> 00:42:30,209
DONNELL: Get out.
1051
00:42:30,242 --> 00:42:31,478
Only I can save you.
1052
00:42:31,511 --> 00:42:33,546
You got two seconds
before I throw you out.
1053
00:42:33,580 --> 00:42:35,181
You'll go to heaven,
1054
00:42:35,214 --> 00:42:37,249
and I will take you
there myself.
1055
00:42:38,050 --> 00:42:39,285
Know what?
1056
00:42:39,318 --> 00:42:41,488
Why don't you go on ahead
without me?
1057
00:42:42,421 --> 00:42:43,122
(gunshot)
1058
00:42:43,155 --> 00:42:44,156
(grunts)
1059
00:42:44,190 --> 00:42:45,191
Lindsay!
1060
00:42:45,224 --> 00:42:45,958
(gunshots)
1061
00:42:45,992 --> 00:42:48,628
O'MALLEY: (grunts)
1062
00:43:02,174 --> 00:43:04,110
I told you
1063
00:43:04,143 --> 00:43:06,579
I wasn't gonna go
through it again.
1064
00:43:06,613 --> 00:43:09,582
(music playing)
1065
00:43:55,862 --> 00:43:56,863
WOMAN: You stinker!
72328
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