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1
00:00:03,336 --> 00:00:04,738
BERLUTI: I thought
they said 9:00.
2
00:00:04,771 --> 00:00:05,772
YOUNG: They did.
3
00:00:05,806 --> 00:00:07,473
WASHINGTON:
Do we really think
4
00:00:07,508 --> 00:00:08,308
they're going to settle now,
5
00:00:08,341 --> 00:00:09,876
12 hours before we start?
6
00:00:09,910 --> 00:00:11,978
That's when they all settle.
7
00:00:12,012 --> 00:00:14,147
BERLUTI: Maybe we should put
our jackets on.
8
00:00:14,180 --> 00:00:15,148
I read an article,
9
00:00:15,181 --> 00:00:16,449
lawyers look more formidable
10
00:00:16,482 --> 00:00:17,350
in their coats.
11
00:00:17,383 --> 00:00:19,252
Jimmy,
they're coming in here
12
00:00:19,285 --> 00:00:20,921
to either settle or not.
13
00:00:20,954 --> 00:00:22,623
I doubt it'll turn
on whether or not
14
00:00:22,656 --> 00:00:23,456
we're wearing jackets.
15
00:00:23,590 --> 00:00:24,591
(door opens)
16
00:00:24,625 --> 00:00:25,592
They're here.
17
00:00:25,626 --> 00:00:27,193
Show them in.
18
00:00:29,129 --> 00:00:30,296
(door closes)
19
00:00:35,636 --> 00:00:36,637
Sorry we're a little late.
20
00:00:36,670 --> 00:00:37,604
It's okay.
21
00:00:38,672 --> 00:00:39,740
Please.
22
00:00:49,750 --> 00:00:52,385
We're declining
to make an offer.
23
00:00:54,354 --> 00:00:56,289
Any offer?
24
00:00:56,322 --> 00:00:58,124
Look, how you got past
Summary Judgment
25
00:00:58,158 --> 00:00:59,425
still remains a mystery.
26
00:00:59,459 --> 00:01:00,601
The point is, we did.
27
00:01:00,634 --> 00:01:03,003
Eugene, you would have
rejected the number
28
00:01:03,036 --> 00:01:05,305
we were toying with anyway.
29
00:01:05,338 --> 00:01:06,840
But the feeling is that
30
00:01:06,873 --> 00:01:08,141
the precedent of any number
31
00:01:08,174 --> 00:01:10,443
would be exponentially
devastating.
32
00:01:10,476 --> 00:01:12,345
If every problem drinker
starts suing us--
33
00:01:12,378 --> 00:01:14,447
WASHINGTON:
This problem drinker is dead.
34
00:01:14,480 --> 00:01:16,482
Rebecca, it's not that
we don't sympathize.
35
00:01:16,517 --> 00:01:17,618
WASHINGTON: You just
won't cough up a nickel.
36
00:01:17,651 --> 00:01:19,119
Look me in the eye
and tell me
37
00:01:19,152 --> 00:01:21,154
that you would advise
my client to settle here.
38
00:01:21,187 --> 00:01:22,723
All right, look,
39
00:01:22,756 --> 00:01:25,225
you came all the way over here
at 9:30 at night,
40
00:01:25,258 --> 00:01:26,693
is there room for negotiation
41
00:01:26,727 --> 00:01:28,995
or are you just messengers
for bad news?
42
00:01:29,029 --> 00:01:30,631
The latter.
43
00:01:32,232 --> 00:01:34,735
$125,000, sealed,
44
00:01:34,768 --> 00:01:36,202
no admission of liability.
45
00:01:36,236 --> 00:01:37,704
We can't on principle.
46
00:01:37,738 --> 00:01:39,506
This was a kid.
47
00:01:39,540 --> 00:01:41,041
He died of alcoholism.
48
00:01:41,074 --> 00:01:43,443
Your client bears
some responsibility,
49
00:01:43,476 --> 00:01:45,178
and you won't take it
on principle?
50
00:01:45,211 --> 00:01:48,682
Okay, look, this need not
to get ugly.
51
00:01:48,715 --> 00:01:50,116
We'll see you tomorrow.
52
00:01:50,150 --> 00:01:52,819
Do the research on us, Mark,
would you?
53
00:01:52,853 --> 00:01:53,854
Meaning?
54
00:01:53,887 --> 00:01:56,389
When we try cases,
55
00:01:56,422 --> 00:01:58,058
it gets ugly.
56
00:01:58,091 --> 00:01:59,425
Eugene, this isn't criminal.
57
00:01:59,459 --> 00:02:01,167
This is a civil case.
58
00:02:01,201 --> 00:02:03,069
Lawyers tend to be--
59
00:02:03,103 --> 00:02:04,738
what's the word?
60
00:02:04,771 --> 00:02:06,306
Civil.
61
00:02:12,513 --> 00:02:14,781
I don't think you scared them.
62
00:02:18,351 --> 00:02:21,287
(music playing)
63
00:03:07,007 --> 00:03:09,375
JOSHUA: He began to have
a problem in high school
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00:03:09,409 --> 00:03:10,143
in his senior year.
65
00:03:10,176 --> 00:03:11,845
BERLUTI:
A drinking problem?
66
00:03:11,878 --> 00:03:13,479
JOSHUA: Yes, I mean,
it wasn't that he was
67
00:03:13,514 --> 00:03:15,081
terribly into parties.
68
00:03:15,115 --> 00:03:17,150
Michael was an athlete.
69
00:03:17,183 --> 00:03:18,451
But it started with beer
70
00:03:18,484 --> 00:03:21,788
and it sort of shifted
into hard alcohol.
71
00:03:21,822 --> 00:03:22,956
His mother and I got him
72
00:03:22,989 --> 00:03:24,591
into a treatment program.
73
00:03:24,625 --> 00:03:25,992
Was this successful?
74
00:03:26,026 --> 00:03:28,762
Yes, for a year or two.
75
00:03:28,795 --> 00:03:31,097
But then in college,
76
00:03:31,131 --> 00:03:32,332
he got into the frat scene.
77
00:03:32,365 --> 00:03:34,167
There was, uh...
78
00:03:34,200 --> 00:03:35,468
What happened?
79
00:03:35,502 --> 00:03:36,302
JOSHUA:
His grades suffered.
80
00:03:36,336 --> 00:03:38,238
He didn't graduate.
81
00:03:38,271 --> 00:03:40,541
His friends abandoned him.
82
00:03:40,574 --> 00:03:43,309
We did an intervention
in 1999.
83
00:03:43,343 --> 00:03:46,312
In April 2000,
he was released.
84
00:03:46,346 --> 00:03:48,148
He spiraled down from there.
85
00:03:48,181 --> 00:03:51,552
He was living on the streets.
86
00:03:51,585 --> 00:03:53,086
He died of alcohol poisoning
87
00:03:53,119 --> 00:03:54,087
that spring.
88
00:03:54,120 --> 00:03:56,923
And you're blaming
Portiss Brewery
89
00:03:56,957 --> 00:03:58,291
for your son's death?
90
00:03:58,324 --> 00:04:00,501
He primarily drank
their beer
91
00:04:00,534 --> 00:04:01,535
in high school.
92
00:04:01,568 --> 00:04:03,637
I'm certainly aware that
there were other beers,
93
00:04:03,670 --> 00:04:05,706
but for the most part,
94
00:04:05,739 --> 00:04:07,040
it was Portiss.
95
00:04:07,073 --> 00:04:08,975
Did he have other difficulties?
96
00:04:09,009 --> 00:04:10,043
None.
97
00:04:10,076 --> 00:04:11,311
Michael was an athlete.
98
00:04:11,344 --> 00:04:12,779
He admired athletes.
99
00:04:12,813 --> 00:04:14,715
He watched all those
beer commercials
100
00:04:14,748 --> 00:04:16,382
they run during the games.
101
00:04:16,416 --> 00:04:18,018
He saw his favorite
ballplayers
102
00:04:18,051 --> 00:04:19,553
endorsing Portiss
and other beers
103
00:04:19,586 --> 00:04:21,321
like they were
nutrition drinks.
104
00:04:21,354 --> 00:04:23,156
These companies
targeted my son
105
00:04:23,189 --> 00:04:24,324
and other young kids.
106
00:04:24,357 --> 00:04:25,659
Drinking is cool.
107
00:04:25,692 --> 00:04:27,628
Drinking will get you girls.
108
00:04:29,162 --> 00:04:31,297
Well, it is not cool.
109
00:04:31,331 --> 00:04:34,167
Drinking killed my son.
110
00:04:34,200 --> 00:04:36,035
Is it your testimony, sir,
111
00:04:36,069 --> 00:04:37,637
your son thought beer
112
00:04:37,671 --> 00:04:38,905
was a nutritional drink
113
00:04:38,938 --> 00:04:40,173
when he began consuming it?
114
00:04:40,206 --> 00:04:42,142
That question reflects
the very arrogance
115
00:04:42,175 --> 00:04:42,943
of your client,
116
00:04:42,976 --> 00:04:44,678
who refuses
to take responsibility
117
00:04:44,711 --> 00:04:47,080
for contributing
to a young man's death.
118
00:04:47,113 --> 00:04:50,584
Do you take any
responsibility, Mr. Berry?
119
00:04:50,617 --> 00:04:53,720
Your son was underage,
120
00:04:53,754 --> 00:04:54,755
drinking illegally.
121
00:04:57,090 --> 00:04:58,925
Let me ask you,
do you drink?
122
00:04:58,959 --> 00:05:00,501
In moderation.
123
00:05:00,534 --> 00:05:01,568
Responsibly?
124
00:05:01,602 --> 00:05:02,569
Yes.
125
00:05:02,603 --> 00:05:04,738
GRUNDEL: Your son
was raised in a household
126
00:05:04,771 --> 00:05:06,439
where his parents
drank moderately
127
00:05:06,472 --> 00:05:07,608
and responsibly?
128
00:05:07,641 --> 00:05:09,042
Yes.
129
00:05:09,075 --> 00:05:10,577
And when your son entered
130
00:05:10,611 --> 00:05:11,578
his high school years,
131
00:05:11,612 --> 00:05:13,246
did you ever talk to your son
132
00:05:13,279 --> 00:05:14,915
about the dangers of drinking?
133
00:05:14,948 --> 00:05:16,082
Many times.
134
00:05:16,116 --> 00:05:18,484
You feel you adequately
informed him
135
00:05:18,519 --> 00:05:19,686
as to all of the risks?
136
00:05:19,720 --> 00:05:22,255
Look, no matter
what parents say,
137
00:05:22,288 --> 00:05:24,991
it is hard to compete
with the images of fun
138
00:05:25,025 --> 00:05:26,092
and social acceptance
139
00:05:26,126 --> 00:05:26,993
that is being marketed
140
00:05:27,027 --> 00:05:28,494
by the alcohol industry.
141
00:05:28,529 --> 00:05:30,030
GRUNDEL: My question is,
142
00:05:30,063 --> 00:05:31,532
do you feel you adequately
143
00:05:31,565 --> 00:05:32,999
informed your son
144
00:05:33,033 --> 00:05:35,001
as to the potential risks
145
00:05:35,035 --> 00:05:37,504
of consuming alcohol?
146
00:05:37,538 --> 00:05:39,405
Yes.
147
00:05:39,439 --> 00:05:41,407
Thank you, sir.
148
00:05:41,441 --> 00:05:43,710
And I'm very sorry
for your loss.
149
00:05:52,418 --> 00:05:53,987
I thought alcohol companies
150
00:05:54,020 --> 00:05:55,656
were exempt
from these lawsuits.
151
00:05:55,689 --> 00:05:56,990
No one is exempt
from fraud.
152
00:05:57,023 --> 00:05:57,958
They lie when they say
153
00:05:57,991 --> 00:05:59,292
they don't market to kids.
154
00:06:01,001 --> 00:06:01,802
HATCHER:
Can I help you?
155
00:06:01,835 --> 00:06:04,104
Yes, I'm looking
for Ellenor Frutt.
156
00:06:04,137 --> 00:06:05,606
I'm Ellenor Frutt.
157
00:06:05,639 --> 00:06:08,842
Hello, my name
is Stephen Marshall.
158
00:06:08,875 --> 00:06:10,476
I'd like to hire you.
159
00:06:10,511 --> 00:06:12,145
Is there someplace
we can talk?
160
00:06:14,314 --> 00:06:15,849
(door opens)
161
00:06:18,519 --> 00:06:19,686
(door closes)
162
00:06:21,387 --> 00:06:24,290
I guess I should just
get right to it.
163
00:06:24,324 --> 00:06:26,960
I'm the warden of Goffstown
Correctional facility
164
00:06:26,993 --> 00:06:28,361
in New Hampshire.
165
00:06:28,394 --> 00:06:30,496
One of my inmates
is Denise Freeman.
166
00:06:30,531 --> 00:06:32,432
She shot two young boys
167
00:06:32,465 --> 00:06:34,935
who were playing
in the park.
168
00:06:34,968 --> 00:06:37,571
She's scheduled to be
executed next week.
169
00:06:37,604 --> 00:06:39,405
It's the first execution
in New Hampshire
170
00:06:39,439 --> 00:06:40,273
in many years.
171
00:06:40,306 --> 00:06:42,275
So, maybe you read about it.
172
00:06:42,308 --> 00:06:44,010
I hadn't actually.
173
00:06:44,044 --> 00:06:44,945
How can I help?
174
00:06:44,978 --> 00:06:46,980
I'd like you to stop it.
175
00:06:47,013 --> 00:06:48,715
Her execution?
176
00:06:48,749 --> 00:06:50,283
Yes.
177
00:06:50,316 --> 00:06:51,785
I read where you got
a death sentence
178
00:06:51,818 --> 00:06:54,588
overturned several years ago.
179
00:06:54,621 --> 00:06:56,089
I drove down here on the chance
180
00:06:56,122 --> 00:06:58,358
that you could possibly
work your magic again.
181
00:06:59,425 --> 00:07:01,535
You're the warden
trying to halt
182
00:07:01,568 --> 00:07:02,569
the execution.
183
00:07:02,603 --> 00:07:04,237
Yes.
184
00:07:04,270 --> 00:07:06,206
Are you against
the death penalty?
185
00:07:06,239 --> 00:07:07,808
No, not at all. No.
186
00:07:07,841 --> 00:07:11,578
In fact, I think we should
employ it more often.
187
00:07:11,612 --> 00:07:14,715
But we shouldn't be killing
Denise Freeman.
188
00:07:14,748 --> 00:07:15,949
She's not the same person
189
00:07:15,982 --> 00:07:18,218
who committed those crimes.
190
00:07:18,251 --> 00:07:19,152
I know they all claim that,
191
00:07:19,185 --> 00:07:21,021
but she really isn't.
192
00:07:23,389 --> 00:07:25,458
That's why I drove down here
193
00:07:25,491 --> 00:07:27,393
to convince you to help save
194
00:07:27,427 --> 00:07:29,596
an extraordinary woman.
195
00:07:34,067 --> 00:07:35,135
Oh, don't you even dare.
196
00:07:35,168 --> 00:07:36,169
This is Sheila Berry.
197
00:07:36,202 --> 00:07:38,271
She was just awarded"Sister of the year."
198
00:07:38,304 --> 00:07:40,073
Shut up!
North America only.
199
00:07:40,106 --> 00:07:41,742
She competes for world
"Sister of the year"
200
00:07:41,775 --> 00:07:42,943
next month.
Yeah, and I score
201
00:07:42,976 --> 00:07:43,910
special endurance points
202
00:07:43,944 --> 00:07:45,712
for having you
as my little brother.
203
00:07:45,746 --> 00:07:46,947
Let me tell you
a little bit about Sheila.
204
00:07:46,980 --> 00:07:48,281
Let's not.
She makes up her own words
205
00:07:48,314 --> 00:07:49,049
playing scrabble.
206
00:07:49,082 --> 00:07:51,084
She--
No, I don't.
207
00:07:55,556 --> 00:07:56,690
That was your brother,
Michael?
208
00:07:56,723 --> 00:07:57,924
Yes.
209
00:07:57,958 --> 00:08:01,401
Does that video fairly
reflect his personality?
210
00:08:01,434 --> 00:08:03,269
He had an amazing
sense of humor.
211
00:08:03,303 --> 00:08:06,439
He was shy. You don't get that
from the video.
212
00:08:06,472 --> 00:08:07,273
He was very shy.
213
00:08:07,307 --> 00:08:08,341
I think that was one
of the reasons
214
00:08:08,374 --> 00:08:10,611
he drank at parties.
215
00:08:10,644 --> 00:08:12,679
Socially, he was
a little uncomfortable
216
00:08:12,713 --> 00:08:14,548
until he got
to know people.
217
00:08:14,581 --> 00:08:16,550
When was the last time
218
00:08:16,583 --> 00:08:18,218
you saw your brother?
219
00:08:18,251 --> 00:08:20,286
About a month
before he died.
220
00:08:20,320 --> 00:08:21,755
Where did you see him?
221
00:08:21,788 --> 00:08:23,924
My apartment.
222
00:08:23,957 --> 00:08:26,492
He came...
223
00:08:26,527 --> 00:08:28,529
to ask me for money.
224
00:08:28,562 --> 00:08:31,331
He was living
on the streets.
225
00:08:31,364 --> 00:08:32,899
Did you loan him money?
226
00:08:32,933 --> 00:08:34,935
I told him he could
move in with me
227
00:08:34,968 --> 00:08:36,503
if he wanted to,
228
00:08:36,537 --> 00:08:38,004
but I wasn't gonna
give him money
229
00:08:38,038 --> 00:08:39,940
so he could just go
buy liquor.
230
00:08:41,675 --> 00:08:44,210
I begged him to get help
231
00:08:45,579 --> 00:08:47,380
but he just walked away.
232
00:08:50,817 --> 00:08:53,019
That was the last time
I ever saw him.
233
00:08:53,053 --> 00:08:55,488
I have nothing further.
234
00:09:07,107 --> 00:09:08,542
No questions, Your Honor.
235
00:09:13,814 --> 00:09:15,749
It isn't exactly
great timing for us
236
00:09:15,849 --> 00:09:17,684
to be taking
a pro bono case.
237
00:09:17,718 --> 00:09:20,120
I'm not saying I definitely
want to take it on,
238
00:09:20,153 --> 00:09:22,523
but...
239
00:09:22,556 --> 00:09:24,157
I'd like to meet with her,
240
00:09:24,190 --> 00:09:26,326
see who she is, what she is.
241
00:09:26,359 --> 00:09:27,794
She's in New Hampshire?
242
00:09:27,828 --> 00:09:28,962
Yes.
243
00:09:28,995 --> 00:09:29,730
I thought I would
drive up there
244
00:09:29,763 --> 00:09:31,064
with Jamie this afternoon.
245
00:09:31,097 --> 00:09:33,534
Evidently, she runs this
"Talk straight" program
246
00:09:33,567 --> 00:09:35,168
for troubled kids that...
247
00:09:36,803 --> 00:09:39,439
the warden came here
personally.
248
00:09:39,472 --> 00:09:41,341
I really think I should go.
249
00:09:41,374 --> 00:09:44,578
I'll say yes
with one word of caution,
250
00:09:44,611 --> 00:09:46,046
protect yourself.
251
00:09:46,079 --> 00:09:47,681
I'm sure there'll
either be a guard
252
00:09:47,714 --> 00:09:49,249
or a partition or--
253
00:09:49,282 --> 00:09:51,518
I'm not talking
physically.
254
00:09:51,552 --> 00:09:53,119
You're about
to emotionally invest
255
00:09:53,153 --> 00:09:54,855
in somebody who, odds are,
256
00:09:54,888 --> 00:09:57,558
will be dead in a week.
257
00:09:57,591 --> 00:09:59,560
I won't invest emotionally.
258
00:09:59,593 --> 00:10:00,534
Right.
259
00:10:01,602 --> 00:10:03,369
Protect yourself.
260
00:10:10,410 --> 00:10:13,146
BLOOMBERG: The cause of death
was alcohol poisoning.
261
00:10:13,179 --> 00:10:15,749
Doctor, Michael Berry
went in and out
262
00:10:15,782 --> 00:10:17,951
of many treatment programs.
263
00:10:17,984 --> 00:10:19,185
Why couldn't he be cured?
264
00:10:19,219 --> 00:10:21,121
Because he was addicted.
265
00:10:21,154 --> 00:10:23,356
You mean, he lacked
the will to stop?
266
00:10:23,389 --> 00:10:25,425
BLOOMBERG:
That oversimplifies it.
267
00:10:25,458 --> 00:10:27,027
People think alcoholics
268
00:10:27,060 --> 00:10:27,961
lack willpower.
269
00:10:27,994 --> 00:10:29,495
I wish it were that easy.
270
00:10:29,530 --> 00:10:32,032
The brain chemistry
is changed.
271
00:10:32,065 --> 00:10:33,967
Telling a severely
impaired alcoholic
272
00:10:34,000 --> 00:10:35,802
not to drink
is like telling someone
273
00:10:35,836 --> 00:10:37,538
not to go to the bathroom.
274
00:10:37,571 --> 00:10:40,306
We're talking about
an overwhelming urge
275
00:10:40,340 --> 00:10:42,142
related to a bodily function.
276
00:10:42,175 --> 00:10:43,610
Come on, doctor,
it's not like
277
00:10:43,644 --> 00:10:45,078
he had no choice here.
278
00:10:45,111 --> 00:10:46,847
He chose
to drink initially.
279
00:10:46,880 --> 00:10:47,881
BLOOMBERG: Of course he did,
280
00:10:47,914 --> 00:10:49,215
like smokers choose to smoke,
281
00:10:49,249 --> 00:10:51,151
like people choose
to use cocaine.
282
00:10:51,184 --> 00:10:53,486
But once the addiction
took hold,
283
00:10:53,520 --> 00:10:56,322
he was robbed
of his free will.
284
00:10:56,356 --> 00:10:58,992
That kid was dying
on the street,
285
00:10:59,025 --> 00:11:00,767
homeless, for God's sake.
286
00:11:00,801 --> 00:11:04,404
Does anybody think
he chose that?
287
00:11:04,437 --> 00:11:07,073
GRUNDEL: Many alcoholics
do recover.
288
00:11:07,107 --> 00:11:09,109
As do many smokers.
289
00:11:09,142 --> 00:11:11,512
That doesn't mean
the addiction's not real.
290
00:11:11,545 --> 00:11:12,546
But, doctor,
you make it sound like
291
00:11:12,579 --> 00:11:14,480
an involuntary affliction,
292
00:11:14,515 --> 00:11:15,982
when, in fact, as you--
I make it sound like
293
00:11:16,016 --> 00:11:17,784
a disease, Counsel.
294
00:11:17,818 --> 00:11:19,853
The very definition
of disease
295
00:11:19,886 --> 00:11:21,988
is an involuntary disability,
296
00:11:22,022 --> 00:11:23,724
which Michael Berry had.
297
00:11:23,757 --> 00:11:25,692
May I be allowed
to finish my questions?
298
00:11:25,726 --> 00:11:27,561
BLOOMBERG: You may,
but if you wrongfully
299
00:11:27,594 --> 00:11:29,996
restate my answers,
I'll interrupt.
300
00:11:30,030 --> 00:11:32,799
WEEKS: Doctor,
this isn't a rugby match.
301
00:11:34,267 --> 00:11:35,569
GRUNDEL:
What is the likelihood
302
00:11:35,602 --> 00:11:37,504
if one drinks moderately
303
00:11:37,538 --> 00:11:39,940
that he or she will become
addicted to alcohol?
304
00:11:39,973 --> 00:11:41,107
I can't answer that.
305
00:11:41,141 --> 00:11:42,475
No one can.
306
00:11:42,509 --> 00:11:44,545
Alcohol affects people
differently.
307
00:11:44,578 --> 00:11:46,112
We need to do more studies,
308
00:11:46,146 --> 00:11:47,147
which they haven't done.
309
00:11:47,180 --> 00:11:49,449
GRUNDEL:
In your experience,
310
00:11:49,482 --> 00:11:51,417
if someone
drinks moderately,
311
00:11:51,451 --> 00:11:52,285
how likely is it--
312
00:11:52,318 --> 00:11:54,287
It's extremely likely
that young kids
313
00:11:54,320 --> 00:11:55,989
won't drink moderately--
314
00:11:56,022 --> 00:11:57,924
If a person
drinks responsibly
315
00:11:57,958 --> 00:11:58,992
in moderation,
316
00:11:59,025 --> 00:12:00,801
he or she is not likely
317
00:12:00,834 --> 00:12:03,269
to become addicted.
318
00:12:03,303 --> 00:12:05,071
That would be fair.
319
00:12:06,172 --> 00:12:07,508
Thank you.
320
00:12:21,955 --> 00:12:24,658
I need you to look
at me, Janice.
321
00:12:32,799 --> 00:12:36,703
You see, we're on a bit
of a time crunch here.
322
00:12:36,737 --> 00:12:39,372
I'm scheduled to be killed
next week.
323
00:12:39,405 --> 00:12:40,507
If I'm gonna help you,
324
00:12:40,541 --> 00:12:42,943
I need to make fast progress.
325
00:12:44,745 --> 00:12:46,747
Now, how about we...
326
00:12:46,780 --> 00:12:49,049
let that anger give way
to greed, then?
327
00:12:49,082 --> 00:12:51,117
You will probably be
the last person
328
00:12:51,151 --> 00:12:53,386
who gets to talk to me.
329
00:12:53,419 --> 00:12:55,255
You could write an article,
330
00:12:55,288 --> 00:12:57,591
get paid for it.
331
00:12:57,624 --> 00:12:59,025
Lots of good things
could come from you
332
00:12:59,059 --> 00:13:00,867
talking to me.
333
00:13:00,901 --> 00:13:02,035
Janice...
334
00:13:02,068 --> 00:13:05,371
it all starts with your eyes
335
00:13:05,405 --> 00:13:07,641
finding mine.
336
00:13:15,348 --> 00:13:16,583
MARSHALL: I can't tell you
how many kids
337
00:13:16,617 --> 00:13:18,484
whose lives she's rerouted.
338
00:13:19,853 --> 00:13:22,355
She connects
with every single one, too.
339
00:13:22,388 --> 00:13:23,389
She'll get to this one, too.
340
00:13:23,423 --> 00:13:24,357
You watch.
341
00:13:24,390 --> 00:13:26,392
All the appeals
are exhausted?
342
00:13:26,426 --> 00:13:28,194
MARSHALL: Every one.
343
00:13:28,228 --> 00:13:30,030
There's a petition
for a stay
344
00:13:30,063 --> 00:13:31,732
with the Supreme Court,
345
00:13:31,765 --> 00:13:33,634
but that's not going
to happen.
346
00:13:35,035 --> 00:13:36,102
Look, as I said,
347
00:13:36,136 --> 00:13:38,438
I'm pro-death penalty,
348
00:13:38,471 --> 00:13:39,806
but this one,
349
00:13:41,842 --> 00:13:43,744
she's something.
350
00:13:43,777 --> 00:13:47,447
The problem is that
I am also a murderer.
351
00:13:47,480 --> 00:13:50,250
At least, I was before
I got on the medication.
352
00:13:51,718 --> 00:13:53,520
I shot a 13-year-old boy
353
00:13:53,554 --> 00:13:55,221
playing on a jungle gym,
354
00:13:55,255 --> 00:13:57,457
and then I pointed the gun
355
00:13:57,490 --> 00:14:00,567
and shot his
11-year-old brother.
356
00:14:00,601 --> 00:14:02,002
I was every bit the monster
357
00:14:02,035 --> 00:14:03,570
the prosecution
made me out to be.
358
00:14:03,604 --> 00:14:05,539
You need to be clear
about that.
359
00:14:05,572 --> 00:14:07,674
You mentioned medication.
360
00:14:07,708 --> 00:14:08,742
What medication?
361
00:14:08,775 --> 00:14:10,744
I've been on
a psychotropic cocktail
362
00:14:10,777 --> 00:14:12,613
for the last eight years.
363
00:14:12,646 --> 00:14:15,448
And before you took it?
364
00:14:15,481 --> 00:14:16,950
Monster.
365
00:14:16,983 --> 00:14:19,319
You weren't listening.
366
00:14:19,352 --> 00:14:21,254
FRUTT: Did you argue
diminished capacity
367
00:14:21,287 --> 00:14:22,656
at the trial?
368
00:14:22,689 --> 00:14:26,092
Yes, it failed.
369
00:14:26,126 --> 00:14:27,327
The jury saw me sane
370
00:14:27,360 --> 00:14:30,130
since I was medicated
for the trial, also.
371
00:14:30,163 --> 00:14:31,832
Forced?
372
00:14:31,865 --> 00:14:33,233
Sorry?
373
00:14:33,266 --> 00:14:34,367
The medication
you took for the trial
374
00:14:34,400 --> 00:14:35,401
was it forced?
375
00:14:35,435 --> 00:14:36,670
Well it had to be,
376
00:14:36,703 --> 00:14:38,972
I had no capacity to consent.
377
00:14:39,005 --> 00:14:39,940
Why?
378
00:14:39,973 --> 00:14:43,243
I'm just searching
for an angle.
379
00:14:43,276 --> 00:14:46,079
Well, the insanity
one's been tried.
380
00:14:46,112 --> 00:14:48,682
We need to come up
with something else.
381
00:14:48,715 --> 00:14:51,151
FRUTT: You seem...
382
00:14:51,184 --> 00:14:54,187
well, most death-row inmates
383
00:14:54,220 --> 00:14:56,356
have a little
desperation going,
384
00:14:56,389 --> 00:14:58,091
especially as the day
gets closer.
385
00:14:58,124 --> 00:15:00,767
Is there a way
you want me to act?
386
00:15:00,801 --> 00:15:03,804
No, but...
387
00:15:03,837 --> 00:15:05,972
FREEMAN: You know,
the funny thing is,
388
00:15:06,006 --> 00:15:09,242
there's a calm
that comes with it.
389
00:15:09,275 --> 00:15:12,679
Actually
I'm a prolific worrier.
390
00:15:12,713 --> 00:15:15,716
But now, you know,
391
00:15:15,749 --> 00:15:18,484
I'm not afraid
of getting cancer,
392
00:15:18,519 --> 00:15:20,721
financial security,
393
00:15:20,754 --> 00:15:22,556
problems in the Middle East.
394
00:15:22,589 --> 00:15:25,358
None of that gets to me.
395
00:15:25,391 --> 00:15:26,760
I--I'm gonna be dead
in a week.
396
00:15:28,662 --> 00:15:31,898
There's a calm that comes.
397
00:15:31,932 --> 00:15:34,134
(scoffs)
398
00:15:34,167 --> 00:15:35,936
Underneath the cool.
399
00:15:39,372 --> 00:15:41,007
I'm gonna be dead in a week.
400
00:15:41,041 --> 00:15:42,108
Do I really need to make
401
00:15:42,142 --> 00:15:44,177
a showing of desperation?
402
00:15:49,349 --> 00:15:50,817
PICKFORD: Alcohol addiction
403
00:15:50,851 --> 00:15:52,919
is both genetic and social.
404
00:15:52,953 --> 00:15:54,087
Some of the predisposition
405
00:15:54,120 --> 00:15:56,389
is in the brain chemistry.
406
00:15:56,422 --> 00:15:58,324
Some of it obviously
is environmental,
407
00:15:58,358 --> 00:15:59,726
how a person lives.
408
00:15:59,760 --> 00:16:01,201
But, doctor,
409
00:16:01,234 --> 00:16:03,136
my question is,
410
00:16:03,169 --> 00:16:05,271
is it possible a person
411
00:16:05,305 --> 00:16:07,173
can become addicted
to alcohol
412
00:16:07,207 --> 00:16:09,610
without drinking
excessively?
413
00:16:09,643 --> 00:16:11,177
We have not proven it,
414
00:16:11,211 --> 00:16:12,513
but my opinion is
415
00:16:12,546 --> 00:16:14,114
it's absolutely possible.
416
00:16:14,147 --> 00:16:15,448
How?
417
00:16:15,481 --> 00:16:18,785
Well, the limbic system
in the brain
418
00:16:18,819 --> 00:16:19,986
is very different in people
419
00:16:20,020 --> 00:16:21,555
who suffer from alcoholism.
420
00:16:21,588 --> 00:16:22,789
How do we know this?
421
00:16:22,823 --> 00:16:24,858
Autopsies.
422
00:16:24,891 --> 00:16:27,193
Problem is, we can't be sure
what came first.
423
00:16:27,227 --> 00:16:29,863
Is it the alcoholism
that altered the brain
424
00:16:29,896 --> 00:16:32,933
or is it the abnormal brain
425
00:16:32,966 --> 00:16:35,335
that caused the alcoholism?
426
00:16:35,368 --> 00:16:36,537
It may very well be
427
00:16:36,570 --> 00:16:38,805
that many people
are born alcoholics
428
00:16:38,839 --> 00:16:40,406
waiting to happen.
429
00:16:40,440 --> 00:16:43,777
Michael Berry
could have been one of them.
430
00:16:43,810 --> 00:16:45,546
Have you found
a single person
431
00:16:45,579 --> 00:16:47,113
who became an alcoholic
432
00:16:47,147 --> 00:16:48,882
who didn't drink
excessively?
433
00:16:48,915 --> 00:16:51,518
No, but the reason
he drank heavily
434
00:16:51,552 --> 00:16:53,754
could be the genetic makeup
of his brain.
435
00:16:53,787 --> 00:16:55,756
That's what people don't get.
436
00:16:55,789 --> 00:16:57,691
Did you study the brain
of Michael Berry?
437
00:16:57,724 --> 00:16:59,593
No, because no autopsy
was ever done.
438
00:16:59,626 --> 00:17:02,903
So you have no idea
as to the genetic makeup
439
00:17:02,936 --> 00:17:03,837
of the plaintiff?
440
00:17:03,870 --> 00:17:05,672
That's correct.
441
00:17:14,047 --> 00:17:16,216
(knocks on door)
442
00:17:16,249 --> 00:17:17,584
Hey.
443
00:17:17,618 --> 00:17:18,318
How's it going?
444
00:17:18,351 --> 00:17:20,654
So far, so good.
445
00:17:20,687 --> 00:17:22,255
The case is still
a long shot,
446
00:17:22,288 --> 00:17:24,958
but we'll see.
447
00:17:29,062 --> 00:17:30,163
Your brother?
448
00:17:30,196 --> 00:17:32,699
Yeah.
449
00:17:32,733 --> 00:17:34,701
Hard to believe,
almost nine years
450
00:17:34,735 --> 00:17:35,902
since he died.
451
00:17:37,771 --> 00:17:40,541
He was an alcoholic.
452
00:17:40,574 --> 00:17:41,708
Is that in play at all?
453
00:17:44,277 --> 00:17:46,379
Did you come in to check
on the case or me?
454
00:17:46,412 --> 00:17:48,248
I know you fully appreciate
455
00:17:48,281 --> 00:17:49,583
the difficulty of the case.
456
00:17:49,616 --> 00:17:51,585
I do wonder whether
that appreciation
457
00:17:51,618 --> 00:17:53,419
could get blurred
458
00:17:53,453 --> 00:17:56,122
by a sense of...
459
00:17:56,156 --> 00:17:57,390
mission.
460
00:17:57,423 --> 00:17:59,793
I'm not on a mission.
461
00:17:59,826 --> 00:18:01,467
Did alcohol
help kill my brother?
462
00:18:01,502 --> 00:18:04,437
Yes, but that hardly puts me
in a small group.
463
00:18:04,470 --> 00:18:06,272
Half the adult population
in this country
464
00:18:06,306 --> 00:18:07,708
has alcoholism
in their family.
465
00:18:07,741 --> 00:18:09,475
That's a point worth arguing.
466
00:18:09,510 --> 00:18:12,112
I plan to!
467
00:18:12,145 --> 00:18:13,580
Eugene, I feel like
it's getting harder
468
00:18:13,614 --> 00:18:14,681
and harder for you and me
469
00:18:14,715 --> 00:18:16,316
just to have a conversation.
470
00:18:16,349 --> 00:18:18,118
Bobby, you didn't
come in here to have
471
00:18:18,151 --> 00:18:19,152
a conversation.
472
00:18:19,185 --> 00:18:21,387
You came in here worried
about my objectivity
473
00:18:21,421 --> 00:18:23,524
because of how my brother...
474
00:18:27,828 --> 00:18:29,896
Like you say,
475
00:18:29,930 --> 00:18:31,397
I have a full appreciation
476
00:18:31,431 --> 00:18:33,366
of the difficulty of the case,
477
00:18:33,399 --> 00:18:34,768
and if an offer does come in,
478
00:18:34,801 --> 00:18:37,370
I'll recommend settlement
to the client.
479
00:18:37,403 --> 00:18:39,272
Okay.
480
00:18:48,715 --> 00:18:49,716
(door closes)
481
00:18:54,154 --> 00:18:55,956
FREEMAN: I think
the biggest problem
482
00:18:55,989 --> 00:18:58,024
with my insanity defense
was that
483
00:18:58,058 --> 00:19:00,333
it played
so stereotypically.
484
00:19:00,366 --> 00:19:01,968
I heard voices.
485
00:19:02,002 --> 00:19:03,837
I thought they were
a mandate from God.
486
00:19:03,870 --> 00:19:05,138
You know,
there's somebody like me
487
00:19:05,171 --> 00:19:06,973
on Dateline once a week.
488
00:19:07,007 --> 00:19:08,542
I think the jury just went,
489
00:19:08,575 --> 00:19:11,344
"Yeah, yeah, next."
490
00:19:11,377 --> 00:19:13,146
And the actual diagnosis?
491
00:19:13,179 --> 00:19:16,717
Paranoid schizophrenia.
492
00:19:16,750 --> 00:19:18,552
Do you have a memory
of the killings?
493
00:19:20,320 --> 00:19:22,388
They haven't found
the medication yet
494
00:19:22,422 --> 00:19:24,057
to erase memory.
495
00:19:24,090 --> 00:19:26,560
Can you tell me
what you remember?
496
00:19:28,595 --> 00:19:30,997
Can you tell me
how that's relevant?
497
00:19:31,031 --> 00:19:32,132
Denise...
498
00:19:33,266 --> 00:19:35,602
as you said to that young girl,
499
00:19:35,636 --> 00:19:38,004
we're a little crunched
for time.
500
00:19:38,038 --> 00:19:40,607
So I need you
to let me be the lawyer
501
00:19:40,641 --> 00:19:42,976
and trust me to decide
502
00:19:43,009 --> 00:19:44,477
what's relevant.
503
00:19:44,511 --> 00:19:47,280
If the memory's vivid,
I want to know.
504
00:19:47,313 --> 00:19:50,684
If not, I want
to know that, too.
505
00:19:50,717 --> 00:19:52,653
Tell me what you remember.
506
00:19:57,290 --> 00:20:00,934
In the moment,
time slowed down.
507
00:20:00,967 --> 00:20:03,770
I saw the bullets travel.
508
00:20:06,106 --> 00:20:08,041
I saw them floating
through the air
509
00:20:08,074 --> 00:20:09,510
like feathers.
510
00:20:12,212 --> 00:20:13,947
They hit the skulls.
511
00:20:15,448 --> 00:20:19,119
Two incredibly
sweet little boys.
512
00:20:21,154 --> 00:20:24,157
These floating feathers
513
00:20:24,190 --> 00:20:26,259
just made their heads go
514
00:20:26,292 --> 00:20:29,696
(imitates explosion).
515
00:20:34,500 --> 00:20:36,069
That vivid enough?
516
00:20:47,147 --> 00:20:48,849
Alcoholism is something
517
00:20:48,882 --> 00:20:50,651
we all need
to be concerned with,
518
00:20:50,684 --> 00:20:52,185
and we are at Portiss.
519
00:20:52,218 --> 00:20:54,087
I guess the question becomes,
520
00:20:54,120 --> 00:20:56,289
how do you manifest
that concern?
521
00:20:56,322 --> 00:20:58,725
CARROLL: First,
by putting warnings
522
00:20:58,759 --> 00:21:00,834
on every single
one of our products.
523
00:21:00,867 --> 00:21:02,335
But I'll tell you something,
524
00:21:02,368 --> 00:21:04,004
we probably should do
525
00:21:04,037 --> 00:21:05,606
a better job of publicizing
526
00:21:05,639 --> 00:21:07,107
the health benefits.
527
00:21:07,140 --> 00:21:07,874
The benefits?
528
00:21:07,908 --> 00:21:09,309
CARROLL: Absolutely.
529
00:21:09,342 --> 00:21:11,678
Studies now show
that having a drink or two
530
00:21:11,712 --> 00:21:13,146
of alcohol every day
531
00:21:13,179 --> 00:21:14,848
can help fight
heart disease.
532
00:21:14,881 --> 00:21:16,116
Evidence is now coming in
533
00:21:16,149 --> 00:21:17,884
that it can even promote
mental health
534
00:21:17,918 --> 00:21:20,220
and possibly prevent
Alzheimer's.
535
00:21:20,253 --> 00:21:22,889
Some doctors are recommending
to their patients
536
00:21:22,923 --> 00:21:25,626
that they consume moderate
amounts of alcohol
537
00:21:25,659 --> 00:21:27,060
to promote general health,
538
00:21:27,093 --> 00:21:28,361
well-being, and longevity.
539
00:21:28,394 --> 00:21:30,130
Is the defendant testifying
540
00:21:30,163 --> 00:21:30,864
in the narrative?
541
00:21:30,897 --> 00:21:32,165
Mr. Carroll,
542
00:21:32,198 --> 00:21:33,967
a young man died here.
543
00:21:34,000 --> 00:21:35,301
And it's a tragedy.
544
00:21:35,335 --> 00:21:37,638
My heart goes out
to his family.
545
00:21:37,671 --> 00:21:38,939
I had a nephew who was killed
546
00:21:38,972 --> 00:21:39,973
by a drunk driver,
547
00:21:40,006 --> 00:21:42,342
and I'm angry about it
to this day.
548
00:21:42,375 --> 00:21:43,644
But I'll tell you,
549
00:21:43,677 --> 00:21:45,211
this country as a whole
550
00:21:45,245 --> 00:21:47,480
is vigilant about this.
551
00:21:47,514 --> 00:21:49,583
We have mothers
against drunk drivers.
552
00:21:49,616 --> 00:21:52,919
We have PSAs
on every channel.
553
00:21:52,953 --> 00:21:54,320
In our own advertisements,
554
00:21:54,354 --> 00:21:56,322
we warn about drinking
and driving.
555
00:21:56,356 --> 00:21:58,224
This isn't some obscure,
556
00:21:58,258 --> 00:22:00,233
latent peril lurking
in the bushes.
557
00:22:00,266 --> 00:22:03,403
The message on irresponsible
drinking is out there,
558
00:22:03,436 --> 00:22:05,972
and it's been out there
for many, many years.
559
00:22:06,006 --> 00:22:07,407
Our industry...
560
00:22:07,440 --> 00:22:09,543
has spent millions of dollars
on that message.
561
00:22:09,576 --> 00:22:11,344
And I'll tell you
something else
562
00:22:11,377 --> 00:22:13,446
the majority
of Americans get it.
563
00:22:13,479 --> 00:22:14,515
Objection!
564
00:22:14,548 --> 00:22:16,817
Mr. Grundel, you need
to ask your client a question.
565
00:22:16,850 --> 00:22:19,185
He only need respond
to that question.
566
00:22:19,219 --> 00:22:21,788
Mr. Carroll,
what about the specific problem
567
00:22:21,822 --> 00:22:23,724
of underage drinking?
568
00:22:23,757 --> 00:22:26,593
We fund numerous
educational awareness programs
569
00:22:26,627 --> 00:22:28,562
more than
any other industry.
570
00:22:28,595 --> 00:22:32,465
We pay to train vendors
not to sell to kids.
571
00:22:32,498 --> 00:22:34,601
We agree with the law
which raises
572
00:22:34,635 --> 00:22:37,003
the legal drinking age
from 18 to 21.
573
00:22:37,037 --> 00:22:38,705
And let's think about that.
574
00:22:38,739 --> 00:22:41,407
You can vote,
you can fight in a war,
575
00:22:41,441 --> 00:22:43,677
you're considered an adult
for the purpose of the law
576
00:22:43,710 --> 00:22:47,213
in every single way
at the age of 18
577
00:22:47,247 --> 00:22:48,148
and we still say,
578
00:22:48,181 --> 00:22:50,283
"Whoa. We're gonna
make you wait
579
00:22:50,316 --> 00:22:52,485
an additional three years
580
00:22:52,519 --> 00:22:54,187
before you can drink."
581
00:22:54,220 --> 00:22:55,722
Why?
582
00:22:55,756 --> 00:22:58,091
Because we recognize the need
583
00:22:58,124 --> 00:23:01,835
for maturity
and responsibility.
584
00:23:01,868 --> 00:23:03,504
In fact, the only thing
left for us to do
585
00:23:03,537 --> 00:23:06,272
would be to ban
alcohol altogether.
586
00:23:07,608 --> 00:23:08,875
We tried that
in this country once
587
00:23:08,909 --> 00:23:10,376
and it didn't work.
588
00:23:11,878 --> 00:23:13,580
DONNELL:
Run that by me again.
589
00:23:13,614 --> 00:23:15,549
FRUTT: It's not
as crazy as it sounds.
590
00:23:15,582 --> 00:23:18,284
DONNELL: Just the same,
once more.
591
00:23:18,318 --> 00:23:19,720
Okay.
592
00:23:19,753 --> 00:23:21,187
She stops taking the meds,
593
00:23:21,221 --> 00:23:23,089
in which case
she regresses quickly,
594
00:23:23,123 --> 00:23:25,158
I might add,
according to the doctors.
595
00:23:25,191 --> 00:23:27,594
Once she becomes
schizophrenic again,
596
00:23:27,628 --> 00:23:29,596
we get the diagnosis
of insanity.
597
00:23:29,630 --> 00:23:31,598
Supreme Court
has expressly held
598
00:23:31,632 --> 00:23:34,134
the Eighth Amendment
prohibits executing the insane.
599
00:23:34,167 --> 00:23:36,069
They also held
you can force-medicate
600
00:23:36,102 --> 00:23:37,470
to make a person sane.
601
00:23:37,504 --> 00:23:39,540
STRINGER: They upheld
forced medication
602
00:23:39,573 --> 00:23:42,075
to make a defendant
competent for trial.
603
00:23:42,108 --> 00:23:43,944
Not necessarily
for punishment.
604
00:23:45,278 --> 00:23:48,314
FRUTT: Bobby, I can't think
of anything else.
605
00:23:48,348 --> 00:23:49,850
You want to
take her off the meds?
606
00:23:49,883 --> 00:23:52,218
FRUTT: And try
and stop the execution
607
00:23:52,252 --> 00:23:54,988
on the grounds
that she's insane.
608
00:23:55,021 --> 00:23:57,891
At a minimum,
it could buy us time.
609
00:23:57,924 --> 00:23:59,392
The death penalty
is vulnerable.
610
00:23:59,425 --> 00:24:01,434
Time is time.
611
00:24:02,569 --> 00:24:04,137
What do we have to lose?
612
00:24:08,274 --> 00:24:10,443
YOUNG: How much money
does the alcohol industry
613
00:24:10,476 --> 00:24:11,612
make per year?
614
00:24:11,645 --> 00:24:12,679
A lot.
615
00:24:12,713 --> 00:24:14,380
You're a major manufacturer.
616
00:24:14,414 --> 00:24:16,316
I'm sure you can get
more specific
617
00:24:16,349 --> 00:24:18,519
than "a lot,"
can't you, Mr. Carroll?
618
00:24:18,552 --> 00:24:19,753
It's in the billions.
619
00:24:19,786 --> 00:24:23,256
It's close
to $120 billion a year,
620
00:24:23,289 --> 00:24:26,192
$120 billion.
621
00:24:26,226 --> 00:24:27,961
Which contributes to a healthier
622
00:24:27,994 --> 00:24:29,262
U.S. economy, Mr. Young,
623
00:24:29,295 --> 00:24:31,998
and employs hundreds
of thousands of Americans.
624
00:24:32,032 --> 00:24:34,735
Thank you for that.
625
00:24:34,768 --> 00:24:36,202
And how much money
does your company
626
00:24:36,236 --> 00:24:38,371
spend to build or contribute
627
00:24:38,404 --> 00:24:41,241
to treatment facilities
for alcohol abuse?
628
00:24:41,274 --> 00:24:42,475
We make beer, Mr. Young.
629
00:24:42,509 --> 00:24:44,410
We're not
in the hospital business.
630
00:24:44,444 --> 00:24:45,679
The answer is zero?
631
00:24:45,712 --> 00:24:46,813
CARROLL: No, it is not.
632
00:24:46,847 --> 00:24:49,683
We donate a great deal of money
to prevention programs.
633
00:24:49,716 --> 00:24:52,418
A great deal?
More or less than 1%
634
00:24:52,452 --> 00:24:54,855
of what you spend
promoting alcohol use?
635
00:24:54,888 --> 00:24:56,523
Hey, since it's voluntary--
636
00:24:56,557 --> 00:24:57,457
Less than 1%?
637
00:24:57,490 --> 00:24:58,859
I'd have
to check the figures.
638
00:24:58,892 --> 00:25:01,968
Well, I have some figures.
639
00:25:02,002 --> 00:25:05,606
Your industry takes in a hundred
and twenty billion a year,
640
00:25:05,639 --> 00:25:07,908
fifteen million Americans
struggle with alcoholism--
641
00:25:07,941 --> 00:25:10,677
Look, our product
is only dangerous
642
00:25:10,711 --> 00:25:12,245
when used excessively.
643
00:25:12,278 --> 00:25:13,747
So as aspirin,
for that matter.
644
00:25:13,780 --> 00:25:14,548
Aspirin?
645
00:25:14,581 --> 00:25:15,716
You're just like aspirin?
646
00:25:15,749 --> 00:25:17,584
You understand my point,
Counsel.
647
00:25:17,618 --> 00:25:19,119
When used responsibly--
648
00:25:19,152 --> 00:25:20,153
Do you advertise
to young people?
649
00:25:20,186 --> 00:25:21,655
Not underage, we don't.
650
00:25:21,688 --> 00:25:25,759
Your key target demo is
21 to 25-year-olds, isn't it?
651
00:25:25,792 --> 00:25:27,628
Which is perfectly legal.
652
00:25:27,661 --> 00:25:29,596
What research do you do
to make sure
653
00:25:29,630 --> 00:25:32,198
those ads intended
for 21-year-olds
654
00:25:32,232 --> 00:25:34,100
don't influence
19-year-olds?
655
00:25:34,134 --> 00:25:35,869
Look--
Are you aware, sir,
656
00:25:35,902 --> 00:25:39,640
that underage kids
are drinking your beer?
657
00:25:39,673 --> 00:25:41,975
We take every step to ensure
that doesn't happen,
658
00:25:42,008 --> 00:25:43,944
but parents have to take
some responsibility.
659
00:25:43,977 --> 00:25:46,046
YOUNG: You're aware...
660
00:25:46,079 --> 00:25:49,182
minors drink your beer?
661
00:25:49,215 --> 00:25:52,018
We're aware that
it happens sometimes.
662
00:25:52,052 --> 00:25:53,119
YOUNG: Sometimes?
663
00:25:53,153 --> 00:25:56,489
You're aware underage kids
are responsible
664
00:25:56,523 --> 00:25:58,491
for 12% of the consumption
665
00:25:58,525 --> 00:26:00,026
of all your beer,
aren't you?
666
00:26:00,060 --> 00:26:01,467
That figure is debatable.
667
00:26:01,501 --> 00:26:04,437
And that over 90%
of all the alcohol consumed
668
00:26:04,470 --> 00:26:06,840
by underage drinkers
is for bingeing.
669
00:26:06,873 --> 00:26:07,808
Is that debatable?
670
00:26:07,841 --> 00:26:10,777
We do not target
underage drinkers!
671
00:26:10,811 --> 00:26:12,078
Well, according
to the surgeon general,
672
00:26:12,112 --> 00:26:14,815
over half of all high school
juniors and seniors drink.
673
00:26:14,848 --> 00:26:16,182
But you don't target them?
674
00:26:16,216 --> 00:26:17,651
CARROLL:
We make it our business
675
00:26:17,684 --> 00:26:19,720
to curtail underage drinkers.
676
00:26:19,753 --> 00:26:20,887
Really?
677
00:26:20,921 --> 00:26:22,889
Besides those sex
and alcohol commercials,
678
00:26:22,923 --> 00:26:24,390
what else?
Objection!
679
00:26:24,424 --> 00:26:26,059
YOUNG: What the hell
do you do to curtail it?!
680
00:26:26,092 --> 00:26:27,027
Objection!
WEEKS: Mr. Young...
681
00:26:27,060 --> 00:26:28,829
YOUNG: Two-thirds
of underage drinkers
682
00:26:28,862 --> 00:26:30,631
buy their own beer,
Mr. Carroll!
683
00:26:30,664 --> 00:26:32,533
That's a vendor problem, not--
684
00:26:32,566 --> 00:26:33,767
YOUNG: Oh, I see,
It's not your problem?
685
00:26:33,800 --> 00:26:35,869
You just make the stuff
and put the logo on blimps?
686
00:26:35,902 --> 00:26:36,970
Objection!
687
00:26:37,003 --> 00:26:37,871
Mr. Young!
688
00:26:37,904 --> 00:26:39,906
This kid couldn't so much
689
00:26:39,940 --> 00:26:41,307
as watch a baseball game--
690
00:26:41,341 --> 00:26:42,676
WEEKS: Mr. Young.
--without hearing your jingle,
691
00:26:42,709 --> 00:26:45,311
Mr. Carroll, and he's dead.
He's dead!
692
00:26:45,345 --> 00:26:46,847
WEEKS: Mr. Young, that's enough!
693
00:26:46,880 --> 00:26:50,116
And you sit here testifying
nothing you can do.
694
00:26:51,585 --> 00:26:55,155
Nothing you can do
for Michael Berry.
695
00:27:18,318 --> 00:27:20,554
Go off my medication?
696
00:27:20,587 --> 00:27:22,388
The Supreme Court has said
697
00:27:22,422 --> 00:27:24,490
we can't execute the insane.
698
00:27:24,525 --> 00:27:26,560
It's our last best shot.
699
00:27:27,728 --> 00:27:30,296
Up until now, we have argued,
700
00:27:30,330 --> 00:27:34,267
"Don't kill her. She's not
the monster she used to be."
701
00:27:34,300 --> 00:27:37,037
And now you want me
to go off my medication
702
00:27:37,070 --> 00:27:39,806
so that you can argue,
"Don't kill her.
703
00:27:39,840 --> 00:27:41,407
She is the monster
she used to be"?
704
00:27:41,441 --> 00:27:43,644
Yes.
705
00:27:43,677 --> 00:27:44,778
And then, after that,
706
00:27:44,811 --> 00:27:46,813
we'll argue that
it's cruel and unusual
707
00:27:46,847 --> 00:27:48,682
to keep you insane
and we'll hopefully
708
00:27:48,715 --> 00:27:50,350
get you on the meds again.
709
00:27:51,952 --> 00:27:52,953
Oh, that sounds...
710
00:27:52,986 --> 00:27:55,188
Perverse.
711
00:27:55,221 --> 00:27:59,125
It is, and they will no doubt
try to force-medicate you.
712
00:27:59,159 --> 00:28:00,266
It's been upheld in the past
713
00:28:00,300 --> 00:28:03,303
but I have a better chance
at beating it.
714
00:28:06,673 --> 00:28:09,242
How long after you stopped
taking the medication before--
715
00:28:09,275 --> 00:28:11,177
It won't take long.
716
00:28:14,147 --> 00:28:15,081
Okay.
717
00:28:16,817 --> 00:28:20,621
I'm gonna draft up the document
stating your intent.
718
00:28:20,654 --> 00:28:22,022
I'm gonna need you
to sign them
719
00:28:22,055 --> 00:28:23,023
while you're
still competent.
720
00:28:23,790 --> 00:28:25,158
My intent being?
721
00:28:25,191 --> 00:28:29,395
You don't want the meds
under any circumstances.
722
00:28:32,833 --> 00:28:35,401
I will go crazy, Ellenor.
723
00:28:35,435 --> 00:28:37,203
You do realize that?
724
00:28:49,950 --> 00:28:52,853
Alcohol is part
of the American culture.
725
00:28:52,886 --> 00:28:54,655
I know it.
726
00:28:54,688 --> 00:28:56,289
I get it.
727
00:28:56,322 --> 00:28:58,592
We indulge openly,
proudly even.
728
00:28:58,625 --> 00:29:00,433
We toast at weddings.
729
00:29:00,466 --> 00:29:01,868
We drink to our health.
730
00:29:01,902 --> 00:29:03,269
We drink
in front of our kids,
731
00:29:03,303 --> 00:29:05,071
be it eggnog at Christmas,
732
00:29:05,105 --> 00:29:07,373
mint julep
at Kentucky Derby parties,
733
00:29:07,407 --> 00:29:09,042
Saint Patrick's Day.
734
00:29:09,075 --> 00:29:11,044
And we romanticize it,
don't we?
735
00:29:11,077 --> 00:29:14,180
Win a World Series
or a Super Bowl,
736
00:29:14,214 --> 00:29:16,750
out comes the champagne
on national television.
737
00:29:16,783 --> 00:29:17,851
Our best athletes,
738
00:29:17,884 --> 00:29:20,220
role models
for physical fitness,
739
00:29:20,253 --> 00:29:20,987
watch them drink.
740
00:29:21,021 --> 00:29:22,523
Hey, it's our culture.
741
00:29:22,556 --> 00:29:25,659
Like I said, I get it.
742
00:29:26,492 --> 00:29:28,762
But you know what,
743
00:29:28,795 --> 00:29:31,497
they never really warn you
about the downside.
744
00:29:31,532 --> 00:29:35,736
Fifteen million Americans
are alcoholics.
745
00:29:35,769 --> 00:29:38,672
Fifteen million.
746
00:29:38,705 --> 00:29:41,508
And the statistics,
they go on and on.
747
00:29:41,542 --> 00:29:44,177
It's the number one
teenage drug problem,
748
00:29:44,210 --> 00:29:47,313
the number one
drug problem in college,
749
00:29:47,347 --> 00:29:50,183
one quarter of all
emergency room admissions,
750
00:29:50,216 --> 00:29:53,286
almost a third of all suicides,
751
00:29:53,319 --> 00:29:56,456
one half
of all homicides, rapes,
752
00:29:56,489 --> 00:30:00,266
one third of traffic fatalities,
alcohol-related.
753
00:30:00,300 --> 00:30:04,270
It is the leading
cause of mental retardation,
754
00:30:04,304 --> 00:30:06,973
fetal alcohol syndrome.
755
00:30:09,009 --> 00:30:11,878
The cost to us,
756
00:30:11,912 --> 00:30:14,581
the taxpayer,
and our economy,
757
00:30:14,615 --> 00:30:18,619
over $185 billion
in lost productivity,
758
00:30:18,652 --> 00:30:22,255
healthcare expenses, crime,
car crashes, and other costs.
759
00:30:22,288 --> 00:30:25,358
The cost to Margaret
and Joshua Berry,
760
00:30:25,391 --> 00:30:27,227
their son.
761
00:30:27,260 --> 00:30:29,930
The cost to Sheila Berry,
762
00:30:29,963 --> 00:30:31,665
her brother.
763
00:30:31,698 --> 00:30:34,234
This was a decent kid,
764
00:30:34,267 --> 00:30:37,003
B student, shy, good athlete,
765
00:30:37,037 --> 00:30:38,972
who started having a few beers
766
00:30:39,005 --> 00:30:40,607
with his high school buddies,
767
00:30:40,641 --> 00:30:43,243
who developed
an addiction to a drug
768
00:30:43,276 --> 00:30:46,012
that ended up taking his life.
769
00:30:47,714 --> 00:30:49,149
This industry makes upward
770
00:30:49,182 --> 00:30:52,052
of a hundred billion dollars
a year,
771
00:30:52,085 --> 00:30:53,854
a lot of it coming from kids,
772
00:30:53,887 --> 00:30:56,590
children, and however
much they deny it,
773
00:30:56,623 --> 00:30:59,726
they target those kids
with their advertising.
774
00:30:59,760 --> 00:31:03,537
They buy time on the programs
these kids watch.
775
00:31:03,570 --> 00:31:04,805
We've all seen the ads.
776
00:31:04,838 --> 00:31:05,539
They're funny.
777
00:31:05,572 --> 00:31:06,573
Drinking is hip.
778
00:31:06,607 --> 00:31:07,674
It's cool. It's now.
779
00:31:07,708 --> 00:31:09,442
It kills.
780
00:31:10,877 --> 00:31:12,779
It kills.
781
00:31:12,813 --> 00:31:17,017
And they just take the money,
a lot of it.
782
00:31:17,050 --> 00:31:19,185
During the course
of this three-day trial,
783
00:31:19,219 --> 00:31:21,988
the alcohol industry
made another billion dollars.
784
00:31:22,022 --> 00:31:24,024
Now, we're
a capitalist society.
785
00:31:24,057 --> 00:31:26,793
Like I said, I get it.
786
00:31:26,827 --> 00:31:30,363
But when you contribute
to the death of human life
787
00:31:30,396 --> 00:31:33,700
over a hundred thousand lives
every year,
788
00:31:33,734 --> 00:31:36,136
how can you not take
some responsibility?
789
00:31:36,169 --> 00:31:38,839
It can't always be
about the money.
790
00:31:38,872 --> 00:31:41,007
That's what I don't get.
791
00:31:50,984 --> 00:31:53,620
Mr. Young says
we've committed fraud.
792
00:31:53,654 --> 00:31:55,155
He's wrong.
793
00:31:55,188 --> 00:31:57,691
We sell an honest product,
honestly.
794
00:31:57,724 --> 00:32:01,401
We are not tobacco.
795
00:32:01,434 --> 00:32:03,537
The tobacco company lied
about the risks
796
00:32:03,570 --> 00:32:05,572
associated with smoking.
797
00:32:05,606 --> 00:32:07,641
The risks of drinking
have been known
798
00:32:07,674 --> 00:32:09,610
for thousands of years
799
00:32:09,643 --> 00:32:11,211
and so have the benefits.
800
00:32:11,244 --> 00:32:14,815
We drink with our friends
to relax, to celebrate.
801
00:32:14,848 --> 00:32:18,184
There are social benefits
to responsible drinking,
802
00:32:18,218 --> 00:32:20,521
and we all know it.
803
00:32:20,554 --> 00:32:24,691
The problem is,
with alcohol abuse.
804
00:32:24,725 --> 00:32:27,127
And the question...
805
00:32:27,160 --> 00:32:28,962
is what do we do about it.
806
00:32:30,430 --> 00:32:32,098
What we've done so far
807
00:32:32,132 --> 00:32:34,434
is to pass a multitude
of regulations.
808
00:32:34,467 --> 00:32:37,237
My client has complied
with every one of them.
809
00:32:37,270 --> 00:32:39,573
We have raised
the drinking age.
810
00:32:39,606 --> 00:32:42,242
We've mandated warnings
on every bottle of beer.
811
00:32:42,275 --> 00:32:43,910
We now have dram shop acts,
812
00:32:43,944 --> 00:32:47,447
making people liable
who serve alcohol.
813
00:32:47,480 --> 00:32:50,551
You could be sued today
just for throwing a party.
814
00:32:52,452 --> 00:32:55,789
We have done everything
humanly possible.
815
00:32:55,822 --> 00:32:58,759
In truth, the only thing
left to do is ban alcohol.
816
00:32:58,792 --> 00:33:01,401
And we've already
tried that once
817
00:33:01,434 --> 00:33:05,371
with spectacular failure,
because, as Mr. Young
818
00:33:05,405 --> 00:33:07,173
correctly points out,
819
00:33:07,207 --> 00:33:10,677
drinking is in our culture.
820
00:33:10,711 --> 00:33:13,246
We're always gonna have
that cocktail.
821
00:33:13,279 --> 00:33:14,848
And no jury,
822
00:33:14,881 --> 00:33:16,316
no act of Congress,
823
00:33:16,349 --> 00:33:19,385
will ever, ever prevent it.
824
00:33:19,753 --> 00:33:21,955
I'll say this,
825
00:33:21,988 --> 00:33:23,857
Mr. Young is disingenuous
826
00:33:23,890 --> 00:33:25,792
when he says
that we're all about money
827
00:33:25,826 --> 00:33:27,694
and they're not.
828
00:33:27,728 --> 00:33:31,031
They are in here today
asking you...
829
00:33:31,064 --> 00:33:32,799
to award them money.
830
00:33:34,568 --> 00:33:35,969
Well, I won't be disingenuous.
831
00:33:36,002 --> 00:33:37,571
We're a business.
832
00:33:37,604 --> 00:33:40,907
Lawsuits, judgments, they become
a cost of doing business.
833
00:33:40,941 --> 00:33:42,408
And I don't have to tell you
834
00:33:42,442 --> 00:33:45,546
who that cost
always gets passed back to.
835
00:33:47,247 --> 00:33:49,616
You can't bring back
Michael Berry.
836
00:33:49,650 --> 00:33:51,284
I so wish you could.
837
00:33:51,317 --> 00:33:53,820
But all you can really do,
838
00:33:53,854 --> 00:33:55,756
unfortunately,
839
00:33:55,789 --> 00:33:59,159
is raise the price of beer.
840
00:33:59,192 --> 00:34:02,402
Because, like he told you,
841
00:34:02,435 --> 00:34:04,337
it's our culture.
842
00:34:12,145 --> 00:34:13,814
We're going to Court when?
843
00:34:13,847 --> 00:34:14,815
Next week.
844
00:34:14,848 --> 00:34:17,150
Obviously,
the more you regress,
845
00:34:17,183 --> 00:34:18,685
the better our chances.
846
00:34:18,719 --> 00:34:22,088
And if we lose, it's better
to die crazy than sane.
847
00:34:22,122 --> 00:34:23,724
I guess.
848
00:34:23,757 --> 00:34:25,626
Listen, um, given that,
849
00:34:25,659 --> 00:34:29,696
I probably should put in my
goodbyes to people now, right?
850
00:34:29,730 --> 00:34:31,397
So, I mean,
by this time next week,
851
00:34:31,431 --> 00:34:33,800
I may not even know
who my friends are.
852
00:34:33,834 --> 00:34:35,501
How are you feeling now?
853
00:34:35,536 --> 00:34:37,904
Anxious, a little.
854
00:34:37,938 --> 00:34:40,373
Nervous, I guess.
855
00:34:40,406 --> 00:34:43,476
I'm not sure what from.
856
00:34:43,510 --> 00:34:45,646
I don't know if it's because
I have come off my medication
857
00:34:45,679 --> 00:34:48,782
or whether it's because
I'm getting closer to...
858
00:34:48,815 --> 00:34:51,384
a lethal injection
but either way, uh,
859
00:34:51,417 --> 00:34:52,919
it's worse than a root canal,
isn't it?
860
00:34:53,019 --> 00:34:55,155
You already seem...
861
00:34:55,188 --> 00:34:56,790
Hyper.
862
00:34:56,823 --> 00:34:58,391
That's the first stage.
863
00:34:58,424 --> 00:35:00,801
You know, oddly, I talk
a lot more in the beginning
864
00:35:00,834 --> 00:35:02,936
and then I become withdrawn.
865
00:35:02,969 --> 00:35:05,539
This is my nervous stage.
866
00:35:05,572 --> 00:35:08,509
The good news is that
there is a heightened clarity
867
00:35:08,542 --> 00:35:10,410
that comes with it, so.
868
00:35:11,277 --> 00:35:12,746
Okay.
869
00:35:12,779 --> 00:35:15,315
These are the documents.
870
00:35:15,348 --> 00:35:17,684
It's basically the same
as a living will.
871
00:35:17,718 --> 00:35:20,286
It expresses your intent
not to be given
872
00:35:20,320 --> 00:35:22,756
the psychotropic drugs
under any circumstances.
873
00:35:22,789 --> 00:35:24,357
Okay.
I need you to sign it
874
00:35:24,390 --> 00:35:26,092
and date it.
875
00:35:26,126 --> 00:35:28,228
FREEMAN: Okay.
876
00:35:28,261 --> 00:35:29,863
Shouldn't this be notarized?
877
00:35:29,896 --> 00:35:30,897
It isn't necessary.
878
00:35:30,931 --> 00:35:32,566
If they argue
you lacked capacity,
879
00:35:32,599 --> 00:35:36,069
it just plays into our claim
of incompetence.
880
00:35:36,102 --> 00:35:37,571
FREEMAN: Okay, if we win,
881
00:35:37,604 --> 00:35:39,405
how are you gonna get me
back on the drugs,
882
00:35:39,439 --> 00:35:41,441
assuming I want to go
back on the drugs?
883
00:35:45,211 --> 00:35:47,514
Why wouldn't you want
to go back on the drugs?
884
00:35:47,548 --> 00:35:49,783
Well, you know,
I have to admit
885
00:35:49,816 --> 00:35:52,653
I feel less dull.
886
00:35:52,686 --> 00:35:55,088
But you said
when you really regressed...
887
00:35:55,121 --> 00:35:56,322
FREEMAN: True, true.
888
00:35:56,356 --> 00:35:58,659
Um, I guess
what I would like is a,
889
00:35:58,692 --> 00:36:00,834
um, an adjustment in the meds
890
00:36:00,867 --> 00:36:02,669
to keep me where I am now.
891
00:36:02,703 --> 00:36:06,006
I mean, I--this is a good state
where I am now.
892
00:36:06,039 --> 00:36:08,174
I feel more clear.
893
00:36:09,375 --> 00:36:13,146
Denise, first...
894
00:36:13,179 --> 00:36:15,549
let's work
on keeping you alive.
895
00:36:16,917 --> 00:36:18,018
Right.
896
00:36:30,531 --> 00:36:32,699
(door opens)
897
00:36:32,733 --> 00:36:34,000
Jury's back.
898
00:36:34,034 --> 00:36:34,835
What?
899
00:36:34,868 --> 00:36:36,336
(door closes)
900
00:36:36,369 --> 00:36:38,071
They have a verdict.
901
00:36:38,104 --> 00:36:39,706
(sighs)
902
00:36:39,740 --> 00:36:41,407
What's wrong?
903
00:36:41,441 --> 00:36:43,677
They could never have computed
the damages in an hour.
904
00:36:43,710 --> 00:36:44,878
Which means?
905
00:36:45,812 --> 00:36:47,548
They didn't have to.
906
00:36:47,581 --> 00:36:48,882
They found no liability.
907
00:36:50,316 --> 00:36:52,218
BERLUTI: Or maybe
they're just angry enough,
908
00:36:52,252 --> 00:36:53,820
they picked a big number
909
00:36:53,854 --> 00:36:54,988
and said, "Screw them."
910
00:36:57,658 --> 00:36:59,626
Let's go.
911
00:36:59,660 --> 00:37:00,934
Come on.
912
00:37:22,789 --> 00:37:25,258
WEEKS: Members of the jury,
you have reached a verdict?
913
00:37:26,226 --> 00:37:27,193
We have, Your Honor.
914
00:37:27,227 --> 00:37:29,162
Your Honor, could I have
a two-minute recess?
915
00:37:29,195 --> 00:37:31,197
We have an offer we'd like
to propose to the plaintiff.
916
00:37:31,231 --> 00:37:33,800
WEEKS: Your timing is curious,
Mr. Grundel.
917
00:37:33,834 --> 00:37:35,368
Until that verdict is entered,
918
00:37:35,401 --> 00:37:37,403
this case isn't decided.
919
00:37:37,437 --> 00:37:38,739
It's Friday.
920
00:37:38,772 --> 00:37:41,107
I'm not bringing
this jury back.
921
00:37:41,141 --> 00:37:43,009
You have two minutes.
922
00:37:51,752 --> 00:37:52,986
I'll confer with my client.
923
00:37:53,019 --> 00:37:54,888
It's got
a two-minute clock, Eugene,
924
00:37:54,921 --> 00:37:56,089
and it's final.
925
00:37:56,122 --> 00:37:58,391
Excuse me, please.
926
00:38:05,205 --> 00:38:07,440
Don't anybody scream.
927
00:38:07,473 --> 00:38:09,075
$1.6 million.
928
00:38:12,245 --> 00:38:14,080
No, why?
929
00:38:14,114 --> 00:38:14,915
What?
930
00:38:14,948 --> 00:38:16,650
He must've been
authorized to settle
931
00:38:16,683 --> 00:38:18,985
if he didn't like
the faces of the jury.
932
00:38:19,019 --> 00:38:20,921
Something tells him we've won.
933
00:38:20,954 --> 00:38:22,989
And a verdict against them
is too devastating,
934
00:38:23,023 --> 00:38:24,891
even if it's overturned
on appeal.
935
00:38:24,925 --> 00:38:26,527
Should we take it?
936
00:38:26,560 --> 00:38:27,694
It's a lot of money.
937
00:38:28,929 --> 00:38:30,597
Let's take our chances.
938
00:38:30,631 --> 00:38:31,598
What?!
939
00:38:31,632 --> 00:38:33,767
You said that
they couldn't possibly
940
00:38:33,800 --> 00:38:35,936
have computed damages
so fast.
941
00:38:35,969 --> 00:38:38,004
Well, maybe they did pick
a big fat number.
942
00:38:38,038 --> 00:38:39,906
And if we got them,
we'll let them off.
943
00:38:39,940 --> 00:38:42,576
$1.6 million is a lot
to walk away from.
944
00:38:42,609 --> 00:38:44,711
Not enough to make them hurt,
and if the idea--
945
00:38:44,745 --> 00:38:46,680
Excuse me one second.
946
00:38:50,784 --> 00:38:51,918
What are you doing?
947
00:38:51,952 --> 00:38:54,120
This is a verdict that
could send a message, Jimmy.
948
00:38:54,154 --> 00:38:55,155
We're this close.
949
00:38:55,188 --> 00:38:56,456
It's not about
sending a message.
950
00:38:56,489 --> 00:38:59,125
It's about getting
a result for our client.
951
00:38:59,159 --> 00:39:01,367
And $1.6--
The faces on those jurors--
952
00:39:01,401 --> 00:39:03,504
BERLUTI: We don't know
what those faces mean.
953
00:39:03,537 --> 00:39:04,971
I realize you may want
to stick it
954
00:39:05,005 --> 00:39:06,006
to the alcohol industry.
955
00:39:06,039 --> 00:39:07,040
I'm only thinking
about the client.
956
00:39:07,073 --> 00:39:10,043
It's got nothing to--
JOSHUA: What is going on?
957
00:39:10,076 --> 00:39:10,844
BERLUTI: We're divided.
958
00:39:10,877 --> 00:39:12,646
I think you should take it.
959
00:39:12,679 --> 00:39:15,315
Eugene votes to reject it.
960
00:39:15,348 --> 00:39:17,083
I have a feeling,
that's all I can say.
961
00:39:17,117 --> 00:39:18,384
It's not a science.
962
00:39:19,853 --> 00:39:22,388
(sighs)
963
00:39:22,422 --> 00:39:23,489
Let's hear what the jury says.
964
00:39:23,524 --> 00:39:24,157
Joshua.
965
00:39:24,190 --> 00:39:25,458
Eugene?
966
00:39:25,491 --> 00:39:28,128
If you want to make them pay,
967
00:39:28,161 --> 00:39:30,263
$1.6 million
is a drop in the bucket.
968
00:39:34,635 --> 00:39:36,069
Let's reject it.
969
00:39:46,880 --> 00:39:48,615
The offer is rejected,
Your Honor.
970
00:39:48,649 --> 00:39:50,283
Very well.
971
00:39:50,316 --> 00:39:52,519
Mr. Foreman, what say you?
972
00:39:55,188 --> 00:39:56,356
In the matter of the estate
973
00:39:56,389 --> 00:39:58,358
of Michael Berry
versus Portiss Brewery,
974
00:39:58,391 --> 00:40:00,233
on the count
of wrongful death,
975
00:40:00,266 --> 00:40:04,437
we, the jury, find
in favor of the plaintiff.
976
00:40:04,470 --> 00:40:06,840
And order the defendant
to pay compensatory damages
977
00:40:06,873 --> 00:40:09,510
in the amount of $700,000.
978
00:40:10,877 --> 00:40:13,914
We further order the defendant
to pay punitive damages
979
00:40:13,947 --> 00:40:17,183
in the amount of $125 million.
980
00:40:18,685 --> 00:40:22,255
Defense moves for a judgment,
notwithstanding the verdict!
981
00:40:22,288 --> 00:40:22,923
Denied.
982
00:40:22,956 --> 00:40:23,924
We appeal!
983
00:40:23,957 --> 00:40:26,126
So noted.
984
00:40:26,159 --> 00:40:27,460
Members of the jury,
985
00:40:27,493 --> 00:40:29,395
thank you for your service.
986
00:40:29,429 --> 00:40:30,831
You're excused.
987
00:40:30,864 --> 00:40:32,666
And this matter is adjourned.
988
00:40:32,699 --> 00:40:33,366
(gavel bangs)
989
00:40:35,401 --> 00:40:37,103
MARGARET: Oh, my God.
990
00:40:37,137 --> 00:40:39,873
(sobbing)
991
00:40:42,042 --> 00:40:43,610
This will be appealed.
992
00:40:43,644 --> 00:40:46,747
It'll be a long time
before you see any money, but...
993
00:40:48,749 --> 00:40:51,351
this is...
A good start.
994
00:40:51,384 --> 00:40:54,054
(sighs)
I don't know what to say.
995
00:40:54,087 --> 00:40:54,955
Neither do I.
996
00:41:02,769 --> 00:41:04,004
Wow.
997
00:41:06,072 --> 00:41:08,108
Yeah, wow.
998
00:41:17,283 --> 00:41:18,084
MARSHALL:
I tried to persuade her
999
00:41:18,118 --> 00:41:19,620
to come to the visiting room.
1000
00:41:19,653 --> 00:41:21,387
It's okay.
Is she all right?
1001
00:41:21,421 --> 00:41:23,256
I think so. She's...
1002
00:41:23,289 --> 00:41:24,925
she just doesn't
want to come out,
1003
00:41:24,958 --> 00:41:27,327
and I didn't really
want to force her.
1004
00:41:31,965 --> 00:41:33,199
Denise?
1005
00:41:33,233 --> 00:41:35,936
Hi. I'm sorry.
1006
00:41:35,969 --> 00:41:38,204
I didn't, um, I didn't--
1007
00:41:38,238 --> 00:41:40,507
I didn't feel safe.
I'm--
1008
00:41:40,541 --> 00:41:42,609
I know it's not rational,
1009
00:41:42,643 --> 00:41:45,145
and I realize that
I am just a couple of pills away
1010
00:41:45,178 --> 00:41:47,948
from feeling better,
but even so--
1011
00:41:47,981 --> 00:41:49,082
I mean, do you mind?
1012
00:41:49,115 --> 00:41:50,584
I just--I feel
more comfortable in here.
1013
00:41:50,617 --> 00:41:51,618
No problem.
1014
00:41:51,652 --> 00:41:52,853
What's the news?
1015
00:41:52,886 --> 00:41:54,054
There is no news.
1016
00:41:54,087 --> 00:41:55,255
I just came by to tell you
1017
00:41:55,288 --> 00:41:56,923
that all the doctors
are lined up,
1018
00:41:56,957 --> 00:41:59,092
the appeal is being drafted,
1019
00:41:59,125 --> 00:42:01,301
and we're ready to file
as soon as...
1020
00:42:01,334 --> 00:42:04,304
As soon as I arrive
at my destination?
1021
00:42:04,337 --> 00:42:05,806
FRUTT: Basically.
1022
00:42:05,839 --> 00:42:06,540
How you doing?
1023
00:42:06,573 --> 00:42:07,307
I'm okay.
1024
00:42:07,340 --> 00:42:08,542
I'm okay.
1025
00:42:08,575 --> 00:42:09,743
I'm heading into that
1026
00:42:09,776 --> 00:42:11,778
I-don't-feel-like-being-
inside-my-skin part
1027
00:42:11,812 --> 00:42:13,446
but I'm all right.
1028
00:42:13,479 --> 00:42:15,381
FRUTT: Listen,
I'm gonna stop by daily
1029
00:42:15,415 --> 00:42:16,617
and check up on you, okay?
1030
00:42:19,753 --> 00:42:20,887
You know where to find me.
1031
00:42:20,921 --> 00:42:22,689
I don't travel much.
1032
00:42:22,723 --> 00:42:24,591
It's just as well.
It's not safe, is it?
1033
00:42:24,625 --> 00:42:27,561
(music playing)
1034
00:42:53,820 --> 00:42:56,757
(music playing)
1035
00:43:18,484 --> 00:43:19,753
WOMAN: You stinker.
1036
00:43:21,387 --> 00:43:24,290
(music playing)
70729
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