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These are the user uploaded subtitles that are being translated: 1 00:00:02,429 --> 00:00:03,395 DOLE: Previously on The Practice... 2 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. 6 00:00:10,770 --> 00:00:11,904 I didn't kill them. 7 00:00:11,938 --> 00:00:13,906 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. 12 00:00:20,947 --> 00:00:21,781 What do you think? 13 00:00:21,814 --> 00:00:23,049 MAN: I don't know. 14 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. 18 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 23 00:00:40,166 --> 00:00:41,768 by this other man-- 24 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. 26 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. 33 00:00:56,616 --> 00:00:59,519 I have never gone back to being okay 34 00:00:59,552 --> 00:01:01,153 no matter how much that you insist 35 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) 41 00:01:27,046 --> 00:01:28,180 Hello? 42 00:01:32,184 --> 00:01:33,653 Hello? 43 00:01:34,987 --> 00:01:35,922 (receiver clicks) 44 00:01:35,955 --> 00:01:37,957 (dial tone) 45 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. 47 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 50 00:01:52,805 --> 00:01:54,306 in two years. 51 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 00:01:56,342 --> 00:01:57,577 I'm going crazy, Bobby. 54 00:01:57,610 --> 00:01:58,545 The longer he stays out there 55 00:01:58,578 --> 00:01:59,779 calling me on the phone. 56 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 59 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 61 00:02:06,986 --> 00:02:08,254 for a serial killer. 62 00:02:08,287 --> 00:02:09,489 It wouldn't work anyway, Lindsay. 63 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 67 00:02:18,498 --> 00:02:19,632 civilly committed. 68 00:02:20,533 --> 00:02:21,468 Can you? 69 00:02:22,268 --> 00:02:23,636 It'll be tough, especially, 70 00:02:23,670 --> 00:02:26,773 since he was acquitted, but we can try. 71 00:02:26,806 --> 00:02:29,041 Lindsay, I need you to testify against him 72 00:02:29,075 --> 00:02:31,377 to help convince the judge he's nuts. 73 00:02:31,410 --> 00:02:32,211 Fine. 74 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. 78 00:02:39,719 --> 00:02:41,353 And if he resists, 79 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 109 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, 112 00:04:32,932 --> 00:04:34,200 she was pretty convincing. 113 00:04:34,233 --> 00:04:36,436 But at least now they're offering a plea. 114 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. 121 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, 130 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, 148 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, 159 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 161 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 166 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. 169 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, 173 00:06:36,155 --> 00:06:38,157 and as I opened it, 174 00:06:38,190 --> 00:06:40,493 I was suddenly shoved inside 175 00:06:40,527 --> 00:06:41,994 and then knocked to the floor. 176 00:06:42,028 --> 00:06:43,663 GAMBLE: Do you see the person today 177 00:06:43,696 --> 00:06:44,964 who knocked you to the floor? 178 00:06:44,997 --> 00:06:47,667 Him, the defendant. 179 00:06:47,967 --> 00:06:49,401 GAMBLE: Are you sure this is the man, 180 00:06:49,436 --> 00:06:50,670 Ms. Fairbanks? 181 00:06:50,703 --> 00:06:51,438 I'm positive. 182 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, 184 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, 192 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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