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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,735 --> 00:00:04,091 [Man Narrating] In the criminal justice system... 2 00:00:04,171 --> 00:00:07,096 all defendants are innocent until proven guilty, 3 00:00:07,174 --> 00:00:11,464 either by confession, plea bargain or trial by jury. 4 00:00:11,545 --> 00:00:13,901 This is one of those trials. 5 00:00:15,849 --> 00:00:18,273 [Woman] I was coming home from work, 6 00:00:18,352 --> 00:00:23,006 and I turned the corner onto Lenox A venue... 7 00:00:23,090 --> 00:00:25,070 and I see Ana. 8 00:00:26,193 --> 00:00:31,780 I know it's not her. I mean, I know she's dead, 9 00:00:31,865 --> 00:00:35,085 but there she is. 10 00:00:35,168 --> 00:00:37,820 [Sighs] And I freak. 11 00:00:37,905 --> 00:00:39,760 They're all dead... 12 00:00:39,840 --> 00:00:44,232 Max, Ariadne, Jose, Ana. 13 00:00:44,311 --> 00:00:48,032 And I'm standing right there in the street, 14 00:00:48,115 --> 00:00:50,072 and I can't move. 15 00:00:50,150 --> 00:00:52,767 It's like eight years ago, and I'm right back there... 16 00:00:52,853 --> 00:00:57,302 in that restaurant feeling like I'm gonna die. 17 00:00:57,391 --> 00:01:00,145 When was this? Two days ago... 18 00:01:00,227 --> 00:01:03,914 right after I heard he was getting out. 19 00:01:05,265 --> 00:01:08,781 I thought life without parole meant he was gonna die in prison. 20 00:01:08,869 --> 00:01:10,792 What happened? 21 00:01:10,871 --> 00:01:14,455 [Gaffney] The fingerprint expert lied on the stand. 22 00:01:14,541 --> 00:01:18,933 The print that put Kenny Thompson at the crime scene wasn't his. 23 00:01:19,012 --> 00:01:23,461 Marisol, I know that your injuries made you unavailable for the first trial. 24 00:01:23,550 --> 00:01:26,110 But this time around, your testimony will be crucial. 25 00:01:26,186 --> 00:01:31,272 I wish I could help you, but... 26 00:01:32,826 --> 00:01:35,478 I don't remember anything that happened that night. 27 00:01:35,562 --> 00:01:37,485 Nothing. 28 00:01:41,735 --> 00:01:45,126 Kenny. It's been awhile. 29 00:01:45,205 --> 00:01:47,322 This man's my lawyer. 30 00:01:47,407 --> 00:01:51,731 Been working two years on my appeal pro bono. That means for free. 31 00:01:51,812 --> 00:01:56,238 Do me a favor, Roy. Uncuff me so I can shake his hand. 32 00:01:58,986 --> 00:02:01,444 You're a good man, Roy. 33 00:02:01,521 --> 00:02:04,081 A good man in a bad place. 34 00:02:06,560 --> 00:02:09,382 Thanks to you, I'm gonna be free. 35 00:02:09,463 --> 00:02:12,251 I owe you my life. 36 00:02:15,102 --> 00:02:17,662 [Kibre] I heard Thompson's getting a new trial. That's too bad. 37 00:02:17,738 --> 00:02:19,970 That fingerprint was the only piece of 38 00:02:19,994 --> 00:02:22,665 evidence linking Thompson to the crime scene. 39 00:02:22,743 --> 00:02:25,599 Well, cut yourself a break. It's not your fault, Nick. 40 00:02:27,014 --> 00:02:29,097 Everyone's had a witness lie. 41 00:02:29,182 --> 00:02:31,401 The F.B.I. guy said it was a match. 42 00:02:31,485 --> 00:02:36,844 Apparently, this guy Tanner's been giving bogus testimony on cases for years. 43 00:02:36,923 --> 00:02:40,906 Justice has launched an investigation into every case he's ever testified on... 44 00:02:40,994 --> 00:02:44,715 and every D.A. he's ever testified for. 45 00:02:44,798 --> 00:02:48,894 And right now, I'm in the bull's-eye. 46 00:02:48,969 --> 00:02:52,588 I just came from Branch's office. 47 00:02:52,673 --> 00:02:54,596 I've been sidelined. 48 00:02:54,675 --> 00:02:56,928 Oh. 49 00:02:57,010 --> 00:02:59,195 You're gonna replace me. 50 00:03:00,614 --> 00:03:03,197 The only reason I didn't argue about it. 51 00:03:05,686 --> 00:03:10,613 Trace, Thompson can't stay on the streets. 52 00:03:12,092 --> 00:03:14,846 [Kibre] I know. He's a bad guy. 53 00:03:14,928 --> 00:03:17,409 [Nick] No. We see bad guys all the time. 54 00:03:17,497 --> 00:03:21,184 Kenny Thompson is a bad guy. 55 00:03:23,000 --> 00:03:29,074 Support us and become VIP member to remove all ads from www.OpenSubtitles.org 56 00:04:11,551 --> 00:04:13,474 I say we plead him out. 57 00:04:13,553 --> 00:04:15,977 Man one. Time served plus 10. 58 00:04:16,056 --> 00:04:18,309 Nick Forster says we can't win it. 59 00:04:18,391 --> 00:04:20,631 Well, that's because he just had a conviction overturned. 60 00:04:20,694 --> 00:04:23,653 He's spooked. That makes two of us. 61 00:04:23,730 --> 00:04:27,212 If we plead out, it looks like we're admitting Forster did something wrong. 62 00:04:27,300 --> 00:04:31,783 Look, just have a look at Thompson's confession. 63 00:04:37,244 --> 00:04:38,641 We don't want no trouble, man. That's why 64 00:04:38,665 --> 00:04:40,189 we had everybody taped up on the floor, man. 65 00:04:40,213 --> 00:04:42,899 Everybody cooperate, nobody get hurt. [Man] Oh, really? 66 00:04:42,983 --> 00:04:45,908 So how'd your boy Colfax end up dead on the floor? 67 00:04:45,986 --> 00:04:47,683 Then the side door opened, and this crazy bitch 68 00:04:47,707 --> 00:04:49,465 come runnin' out of nowhere and she capped Sean. 69 00:04:49,489 --> 00:04:52,448 Uh-huh. So you shot her? I thought she was trying to kill me! 70 00:04:52,526 --> 00:04:56,008 It was self-defense! So why'd you shoot the rest of 'em? 71 00:05:00,133 --> 00:05:02,648 I want a lawyer, man. What's the matter, Kenny? 72 00:05:02,736 --> 00:05:05,558 He wants a lawyer. Seeing your buddy die make you piss yourself, 73 00:05:05,639 --> 00:05:09,394 so you shoot four helpless people? 74 00:05:09,476 --> 00:05:12,230 I don't feel so good. I want a lawyer. 75 00:05:12,312 --> 00:05:15,066 Sure you don't want your mommy? Come on. 76 00:05:18,084 --> 00:05:20,770 You wanna know what really happened? [Kibre] Right there. 77 00:05:20,854 --> 00:05:23,312 That's what got the whole confession thrown out. 78 00:05:23,390 --> 00:05:25,398 The judge felt Thompson invoked his right to 79 00:05:25,422 --> 00:05:27,407 counsel, and the cops kept questioning him. 80 00:05:27,494 --> 00:05:30,544 The judge is an idiot. Thompson reinitiated on his own. 81 00:05:30,630 --> 00:05:32,246 Yeah. 82 00:05:32,332 --> 00:05:37,157 Thompson talked about those murders like some guys talk about sex. 83 00:05:37,237 --> 00:05:41,356 Like he got off on killing those four kids. 84 00:05:41,441 --> 00:05:45,731 I don't want this guy back on my island in 10 years. 85 00:05:49,349 --> 00:05:52,239 No plea? You must have been very convincing. 86 00:05:52,319 --> 00:05:54,242 The tape sold him. 87 00:05:54,321 --> 00:05:57,610 So do we find new grounds to reargue the confession's admissibility? 88 00:05:57,691 --> 00:06:01,480 It's worth a try. This case could sure use a nice, juicy confession. 89 00:06:01,561 --> 00:06:06,113 Half the witnesses are either dead, missing or in rehab. 90 00:06:06,199 --> 00:06:08,657 Sounds like a list of my ex-boyfriends. 91 00:06:10,503 --> 00:06:12,722 Did we pass it? No, this is it. 92 00:06:12,806 --> 00:06:15,696 It must be a beauty salon now. Manicure? 93 00:06:15,775 --> 00:06:19,667 Oh, thanks. Some other time. 94 00:06:19,746 --> 00:06:24,229 Wow. It's hard to imagine this is the site of a massacre. 95 00:06:26,453 --> 00:06:29,708 It was a spring night. People were outside. 96 00:06:29,789 --> 00:06:33,237 That must be where Charlie Lansing lived. 97 00:06:33,326 --> 00:06:37,752 That's the stoop he was sitting on when Thompson and Colfax walked by. 98 00:06:43,770 --> 00:06:45,693 Charlie! 99 00:06:47,374 --> 00:06:50,594 You must have the wrong guy. Name’s John. 100 00:06:50,677 --> 00:06:53,101 You're a hard man to find. 101 00:06:53,179 --> 00:06:56,763 You change your name, move out of the city. 102 00:06:56,850 --> 00:06:59,695 - Nothing wrong with wantin' to start over. - You read the papers lately? 103 00:06:59,719 --> 00:07:03,440 Yeah. Kenny Thompson. 104 00:07:03,523 --> 00:07:05,641 I'm not gettin' involved. I got death threats 105 00:07:05,665 --> 00:07:07,711 the first time around from Thompson's boys. 106 00:07:07,794 --> 00:07:10,946 Thompson doesn't have boys anymore. 107 00:07:11,031 --> 00:07:14,115 Papers are sayin' he might be innocent. There's new evidence? 108 00:07:14,200 --> 00:07:16,988 Nothin' new. Some old evidence gone bad. 109 00:07:17,070 --> 00:07:19,153 I didn't actually see him commit a crime. 110 00:07:19,239 --> 00:07:21,595 You saw Thompson and Colfax outside the restaurant... 111 00:07:21,675 --> 00:07:23,632 five minutes before the robbery began. 112 00:07:23,710 --> 00:07:27,397 - That's good enough. - Wish I'd never seen anything. 113 00:07:27,480 --> 00:07:30,166 Talk about being in the wrong place at the wrong time. 114 00:07:30,250 --> 00:07:33,038 Those four dead kids, they were in the wrong place. 115 00:07:33,119 --> 00:07:35,131 And their families, they're grateful you saw what you did. 116 00:07:35,155 --> 00:07:37,875 We need you, Charlie. 117 00:07:43,863 --> 00:07:46,150 Kenny. Come on in. 118 00:07:46,232 --> 00:07:48,656 Hey. This is my wife, Leigh. 119 00:07:48,735 --> 00:07:50,815 She's one of the partners here. How you doin', Leigh? 120 00:07:50,870 --> 00:07:55,422 I am doing well. We get a lot of pro bono requests, and accept very few cases. 121 00:07:55,508 --> 00:07:57,659 Your passion for justice is impressive. 122 00:07:57,744 --> 00:08:00,304 Passion's easy. What's hard is getting anyone to listen... 123 00:08:00,380 --> 00:08:04,670 when you're just another black kid with a return address that says "Sing Sing." 124 00:08:04,751 --> 00:08:07,073 But Todd here stepped up. 125 00:08:07,153 --> 00:08:09,076 He certainly did. 126 00:08:09,155 --> 00:08:13,547 Listen, uh, Leigh's on the board of the Exonerated Project, 127 00:08:13,626 --> 00:08:15,549 and they're having a benefit next week. 128 00:08:15,628 --> 00:08:17,703 It's a heavy-hitting crowd. Might be a good place 129 00:08:17,727 --> 00:08:19,611 to start getting your side of the story out. 130 00:08:19,699 --> 00:08:22,259 Just tell me where and when. Great. 131 00:08:22,335 --> 00:08:24,349 I'll let you two get to work. 132 00:08:26,806 --> 00:08:31,961 So, I've got their witness list. Married the boss, huh? 133 00:08:33,780 --> 00:08:36,363 [Chuckles] Yeah. 134 00:08:36,449 --> 00:08:39,533 No surprises here. Looks like the prosecution case... 135 00:08:39,619 --> 00:08:41,832 rests with your association with Colfax and the 136 00:08:41,856 --> 00:08:44,045 fact that you had worked at the Burger Kastle. 137 00:08:44,124 --> 00:08:47,708 So did every other 16-year-old on my block. 138 00:08:47,794 --> 00:08:52,243 They're the only place that would hire kids from the projects. 139 00:08:52,332 --> 00:08:54,984 We need to make a list of every kid that worked there... 140 00:08:55,068 --> 00:08:57,788 and ask if they were questioned. 141 00:08:57,871 --> 00:09:02,798 Point up the fact that this is a rush to judgment. 142 00:09:02,876 --> 00:09:05,664 I'd be happy to talk to her, Tracey. 143 00:09:05,745 --> 00:09:08,635 But I'm a forensic psychiatrist, not a therapist, 144 00:09:08,715 --> 00:09:11,435 and Marisol is a witness, not a suspect. 145 00:09:11,518 --> 00:09:13,445 Without the fingerprint, I have nothing 146 00:09:13,469 --> 00:09:15,671 that puts Kenny Thompson at that restaurant. 147 00:09:15,755 --> 00:09:17,837 Now, the police report says that when they found 148 00:09:17,861 --> 00:09:20,011 Marisol in the basement, she was still conscious. 149 00:09:20,093 --> 00:09:22,244 But she doesn't remember anything. 150 00:09:25,365 --> 00:09:27,846 Memory loss is common in trauma victims. 151 00:09:27,934 --> 00:09:31,917 - It's a survival mechanism. - So how do we access those memories? 152 00:09:32,005 --> 00:09:33,689 We probably don't. 153 00:09:35,341 --> 00:09:38,425 Humor me, Richard. Just for a minute, be an optimist. 154 00:09:38,511 --> 00:09:42,300 Sometimes, you can stumble on a trigger— 155 00:09:42,382 --> 00:09:45,307 A visual cue, a sound, even a smell, 156 00:09:45,385 --> 00:09:49,641 and the memories come pouring out. 157 00:09:53,426 --> 00:09:57,284 We've got the place to ourselves. They don't open till 9:00. 158 00:09:58,431 --> 00:10:01,879 [Marisol] Like I told you, the two guys came in wearing masks. 159 00:10:01,968 --> 00:10:04,358 The bigger one told us to get downstairs. 160 00:10:04,437 --> 00:10:07,657 And after that, I-I don't remember. 161 00:10:07,740 --> 00:10:09,663 We know. 162 00:10:09,742 --> 00:10:12,421 We're not trying to pressure you. But being here at the scene of the crime... 163 00:10:12,445 --> 00:10:15,301 might unlock memories, fill in the missing pieces. 164 00:10:16,483 --> 00:10:20,671 - I'm not sure. - Any time you wanna stop, we'll stop. 165 00:10:20,753 --> 00:10:22,904 You're the one in charge. 166 00:10:25,992 --> 00:10:28,678 Okay, Marisol. 167 00:10:28,761 --> 00:10:33,085 So where were you when Thompson and Colfax came in? 168 00:10:36,736 --> 00:10:38,659 Sitting in the counter. 169 00:10:38,738 --> 00:10:40,695 I was right about here. 170 00:10:42,175 --> 00:10:45,862 Okay. So they came in... 171 00:10:45,945 --> 00:10:49,268 and they told everybody to get downstairs. 172 00:10:49,349 --> 00:10:51,773 And you... 173 00:11:02,996 --> 00:11:05,079 So let's go downstairs. 174 00:11:15,074 --> 00:11:18,226 The meat locker's still here. 175 00:11:18,311 --> 00:11:20,928 Well, they found you around the corner here. 176 00:11:30,089 --> 00:11:33,708 [Richard] How are you doing? I'm okay. 177 00:11:37,764 --> 00:11:40,723 You were found in this corner here, 178 00:11:40,800 --> 00:11:43,781 so you would have had a full view of the office door... 179 00:11:43,870 --> 00:11:46,760 when Ana came out and shot Colfax. 180 00:11:49,542 --> 00:11:51,727 I just don't remember. 181 00:11:51,811 --> 00:11:55,327 Maybe if you came over here and knelt down on the floor? 182 00:12:19,339 --> 00:12:21,956 Anything? 183 00:12:33,353 --> 00:12:35,777 [Sighs] I'm trying. I really am. 184 00:12:35,855 --> 00:12:37,835 I know you are, Marisol. 185 00:12:37,924 --> 00:12:42,441 Even a fragment, a feeling. [Door Opens] 186 00:12:42,528 --> 00:12:46,386 Oh. You scare me. I forgot you were coming this morning. 187 00:12:46,466 --> 00:12:48,651 Sorry to bother you. 188 00:12:49,936 --> 00:12:53,555 I gotta go. I gotta get out of here. Marisol. 189 00:12:55,108 --> 00:12:57,668 Tracey, we're done here. 190 00:13:02,615 --> 00:13:05,631 [Woman] So, what do you think? 191 00:13:05,718 --> 00:13:09,075 You the artist? No. 192 00:13:09,155 --> 00:13:12,011 Good, 'cause I don't like it. 193 00:13:12,091 --> 00:13:14,651 And if I said yes, I was the artist? 194 00:13:14,727 --> 00:13:20,519 I like it. Kind of reminds me of early Rauschenberg. You paint? 195 00:13:20,600 --> 00:13:22,922 No. I just read about it. 196 00:13:23,002 --> 00:13:27,053 The library had a lot of books, and I had a lot of time. 197 00:13:27,140 --> 00:13:31,396 Eight years of wrongful incarceration is one hell of an art appreciation course. 198 00:13:31,477 --> 00:13:34,993 Maya Sullivan. Being bitter wouldn't do me any good. 199 00:13:35,081 --> 00:13:37,232 I admire your attitude, Mr. Thompson. 200 00:13:37,317 --> 00:13:42,267 Kenny, having a good time? Yeah, but I'm gonna take off. 201 00:13:42,355 --> 00:13:45,575 My boys on the N.Y.P.D. look kind of tired. 202 00:13:45,658 --> 00:13:48,776 - You have cops following you? - 24-7. 203 00:13:48,861 --> 00:13:51,649 Is that even legal? I'm black. 204 00:13:51,731 --> 00:13:54,087 "Innocent until proven guilty" doesn't apply. 205 00:13:54,167 --> 00:13:58,992 Hey, I'm sorry. I didn't mean to get all political, 206 00:13:59,072 --> 00:14:02,554 especially with all the pretty pictures and pretty people. 207 00:14:02,642 --> 00:14:04,964 Catch y'all later. 208 00:14:07,280 --> 00:14:10,899 There's gotta be something you can do. File a motion... 209 00:14:10,983 --> 00:14:15,239 It's a public street. They're harassing your client. 210 00:14:15,321 --> 00:14:17,802 Surveillance is hardly harassment. Leigh? 211 00:14:17,890 --> 00:14:21,110 Thanks for letting me know who's who. 212 00:14:22,662 --> 00:14:24,585 You're not offering a plea? No. 213 00:14:24,664 --> 00:14:28,180 I told Branch I thought that was the way to go. Well, I think this is winnable. 214 00:14:28,267 --> 00:14:31,886 Without the fingerprint evidence, this is an entirely circumstantial case. 215 00:14:31,971 --> 00:14:33,985 I wish people would stop saying that like it's bad. 216 00:14:34,073 --> 00:14:38,124 Most cases are circumstantial, and these circumstances are compelling. 217 00:14:38,211 --> 00:14:41,795 Both Colfax and Thompson spent time in juvie for armed robbery. 218 00:14:41,881 --> 00:14:44,840 Marisol heard his voice. We can bring her in for a lineup. 219 00:14:44,917 --> 00:14:47,000 Tracey, I lived this case for a year. 220 00:14:47,086 --> 00:14:49,105 I drank the same Kool-Aid you're sipping 221 00:14:49,129 --> 00:14:51,478 right now, and I'm telling you, you can't win. 222 00:14:52,792 --> 00:14:55,682 Wow, Nick. If this is your idea of a pep talk... 223 00:14:55,762 --> 00:14:59,085 You got it all figured out. 224 00:14:59,165 --> 00:15:01,316 Read this. What is that? 225 00:15:01,401 --> 00:15:05,293 A letter I got from one of the jurors after the trial. 226 00:15:05,371 --> 00:15:08,523 He says without the fingerprint, they would have acquitted. 227 00:15:11,144 --> 00:15:13,295 Don't try this case again. 228 00:15:13,379 --> 00:15:15,962 Plead it out, or you'll lose. 229 00:15:22,422 --> 00:15:25,005 This letter states that the jury in the first trial... 230 00:15:25,091 --> 00:15:28,675 relied entirely on the fingerprint evidence to convict Thompson. 231 00:15:28,761 --> 00:15:31,344 So it's evidence we don't have. Right. 232 00:15:31,431 --> 00:15:33,684 So what investigation was done on the money trail? 233 00:15:33,766 --> 00:15:36,747 Well, we know the robbery netted Thompson about three grand. 234 00:15:36,836 --> 00:15:38,987 In small bills, none of which were ever found. 235 00:15:39,071 --> 00:15:42,621 The original case detectives searched Thompson's place, the grandmother's. 236 00:15:42,708 --> 00:15:45,064 There was no sign of any cash or night deposit bags. 237 00:15:45,144 --> 00:15:47,602 Well, we also checked large purchases, and nothing. 238 00:15:47,680 --> 00:15:50,605 You check any girlfriends? If he had 'em, no one found 'em. 239 00:15:50,683 --> 00:15:52,606 Is he seeing anybody now? 240 00:15:52,685 --> 00:15:55,473 They get out, they usually dip into the same old pool. 241 00:15:55,555 --> 00:15:57,966 Surveillance says he likes to spend time at Sylvia's up on Lenox. 242 00:15:57,990 --> 00:16:00,209 Says he likes the waitress up there. Kim Evans. 243 00:16:00,293 --> 00:16:03,479 Find out what she sees in him. 244 00:16:03,563 --> 00:16:07,455 Why you gotta harass me at work? You see I'm in the middle of the lunch rush. 245 00:16:07,533 --> 00:16:09,286 Kenny Thompson grew up in the same building with 246 00:16:09,310 --> 00:16:11,013 you, and he was tight with your brother Manny. 247 00:16:11,037 --> 00:16:12,960 Last thing I heard, he was locked up. 248 00:16:13,039 --> 00:16:16,487 He wasn't with you the other day? A couple of cops saw him talking to you. 249 00:16:16,576 --> 00:16:19,755 You and Kenny were hanging out the other night. Narcs tell us you bought some weed. 250 00:16:19,779 --> 00:16:21,736 Did he ask you to do that? 251 00:16:21,814 --> 00:16:25,433 [Chuckles] Nice. Having your girl buy the drugs. 252 00:16:25,518 --> 00:16:28,408 Okay, arrest me for scoring a joint. Go ahead. 253 00:16:28,488 --> 00:16:30,969 We don't want to, 'cause we pulled your jacket the other day, 254 00:16:31,057 --> 00:16:33,617 and that would be a violation of your parole. 255 00:16:33,693 --> 00:16:35,810 It looks like you got a good thing going on here. 256 00:16:35,895 --> 00:16:38,285 Busy place, good tips. I don't know anything. 257 00:16:38,364 --> 00:16:40,947 $3,000 was taken from the Burger Kastle. 258 00:16:41,033 --> 00:16:43,479 That was, like, eight years ago. I had nothin' to do with that. 259 00:16:43,503 --> 00:16:46,951 Maybe you saw Kenny flush that weekend? I never saw Kenny with any money. 260 00:16:47,039 --> 00:16:48,962 Maybe he bought you a gift? 261 00:16:49,041 --> 00:16:51,055 We talkin' about the same Kenny Thompson? 262 00:17:10,029 --> 00:17:11,952 Face forward. 263 00:17:17,169 --> 00:17:19,889 Really listen to their voices. 264 00:17:19,972 --> 00:17:25,161 Please step forward one at a time and say, "Get downstairs." 265 00:17:29,248 --> 00:17:32,730 Get downstairs. 266 00:17:32,818 --> 00:17:35,504 Get downstairs! 267 00:17:35,588 --> 00:17:37,944 - Get downstairs. - Louder, please. 268 00:17:39,692 --> 00:17:42,412 Get downstairs! 269 00:17:42,495 --> 00:17:45,852 [Man #4] Get downstairs! [Man #5] Get downstairs. 270 00:17:48,100 --> 00:17:50,683 It could of been any of them. 271 00:17:53,673 --> 00:17:55,995 One more time, please. 272 00:17:57,243 --> 00:17:59,428 Get downstairs. 273 00:17:59,512 --> 00:18:02,266 [Man #2] Get downstairs! 274 00:18:02,348 --> 00:18:04,772 Get downstairs! 275 00:18:04,850 --> 00:18:07,638 [Man #4] Get downstairs! 276 00:18:07,720 --> 00:18:09,768 [Man #5] Get downstairs! 277 00:18:17,029 --> 00:18:19,077 Uh, we're good. 278 00:18:19,165 --> 00:18:21,725 She couldn't I.D. a ham sandwich. [Chuckles] 279 00:18:21,801 --> 00:18:24,088 So our only problem now is Lansing? 280 00:18:24,170 --> 00:18:28,119 I wouldn't worry about him. I can muddy up his story on cross. 281 00:18:28,207 --> 00:18:31,757 Wait. Talk to him now, see if his story has changed. 282 00:18:31,844 --> 00:18:34,036 He's a prosecution witness, Kenny. He won't 283 00:18:34,060 --> 00:18:36,430 talk to me. They can fight us even seeing him. 284 00:18:36,515 --> 00:18:39,701 The rules of discovery entitle you to talk to any witness on their list. 285 00:18:39,785 --> 00:18:41,746 They can decline to answer questions, but you 286 00:18:41,770 --> 00:18:43,711 make that son of a bitch do it to your face. 287 00:18:47,693 --> 00:18:50,583 But you're the lawyer. It's your call. 288 00:18:56,902 --> 00:18:59,758 [Kibre] Mr. Lansing changed his name and moved his family... 289 00:18:59,839 --> 00:19:02,593 out of fear of retribution from Mr. Thompson. 290 00:19:02,675 --> 00:19:07,830 Your Honor can understand why I'm reluctant to provide the defense... 291 00:19:07,913 --> 00:19:10,735 with Mr. Lansing's address and phone number. 292 00:19:10,816 --> 00:19:12,773 It's called discovery, Miss Kibre. 293 00:19:12,852 --> 00:19:15,742 Defense wants a meeting, come up with a neutral place for it to happen. 294 00:19:15,821 --> 00:19:19,041 Your Honor, regarding the readmissibility of the confession... 295 00:19:19,125 --> 00:19:22,948 I've read your brief, Ms. Gaffney. You've touched on some new grounds. 296 00:19:23,029 --> 00:19:25,681 Your Honor— But I find none of them compelling. 297 00:19:25,765 --> 00:19:29,714 The confession stays out. On to the defense's motion... 298 00:19:29,802 --> 00:19:33,694 to preclude the police from coming within 200 feet of the defendant. 299 00:19:33,773 --> 00:19:38,393 Your Honor, the police have engaged in a pattern of harassment and intimidation. 300 00:19:38,477 --> 00:19:41,265 Mr. Thompson is a dangerous felon who, 301 00:19:41,347 --> 00:19:43,385 through some loophole in the legal system, 302 00:19:43,409 --> 00:19:45,569 has been released on an unsuspecting public. 303 00:19:45,651 --> 00:19:50,510 I take offense that you refer to perjured testimony as a loophole, Miss Kibre. 304 00:19:50,589 --> 00:19:52,603 What I meant, Your Honor— I know what you meant. 305 00:19:52,692 --> 00:19:56,140 Obviously, I can't stop the police from conducting surveillance, 306 00:19:56,228 --> 00:19:59,084 but I can keep them at a reasonable distance. 307 00:19:59,165 --> 00:20:02,715 Not only will I grant your motion, Mr. Eckhart, 308 00:20:02,802 --> 00:20:04,657 I will add 100 feet. 309 00:20:11,610 --> 00:20:16,002 This is all for show. The defense is trying to rattle you. 310 00:20:16,082 --> 00:20:19,371 I really don't have to answer any of their questions? Absolutely not. 311 00:20:19,452 --> 00:20:23,241 This is a formality. 312 00:20:23,322 --> 00:20:25,302 Okay? 313 00:20:35,668 --> 00:20:37,648 Thank you. 314 00:20:39,205 --> 00:20:42,164 Kenny. What the hell are you doing here? What? I can't see my own lawyer? 315 00:20:42,241 --> 00:20:45,632 Not here. How did you know I was gonna be here? 316 00:20:45,711 --> 00:20:49,034 What'd you get out of Lansing? Nothing. The guy stonewalled. 317 00:20:49,115 --> 00:20:51,334 We gotta get outta here. They could arrest you for... 318 00:20:51,417 --> 00:20:53,465 Yo, Charlie! 319 00:20:53,552 --> 00:20:58,104 Come on. I know what I'm doin'. 320 00:20:58,190 --> 00:21:00,876 Oh, geez. 321 00:21:03,295 --> 00:21:05,582 Don't you ever grab me like that again. 322 00:21:11,470 --> 00:21:13,792 I promise you, I had no idea he was gonna be here. 323 00:21:16,876 --> 00:21:20,267 He could know where I live, where my daughter goes to school. 324 00:21:20,346 --> 00:21:22,360 The police are picking up your wife and daughter, 325 00:21:22,448 --> 00:21:26,169 and they're gonna take the three of you to a hotel until he's in custody... 326 00:21:26,252 --> 00:21:29,006 and for the duration of the trial. 327 00:21:32,124 --> 00:21:35,515 You're gonna be okay, Charlie. 328 00:21:35,594 --> 00:21:37,950 I'll be right back. 329 00:21:42,835 --> 00:21:44,758 Have we located Thompson? 330 00:21:44,837 --> 00:21:48,888 We're covering all his known hangouts, but nothing yet. 331 00:21:54,346 --> 00:21:56,173 [Kibre] If we don't pick him up here, we've 332 00:21:56,197 --> 00:21:58,135 papered his neighborhood with reward posters. 333 00:21:58,217 --> 00:22:00,539 Ten grand for any information. 334 00:22:00,619 --> 00:22:03,134 Tracey, it's almost 5:00. 335 00:22:03,222 --> 00:22:07,580 He's checked in at Pretrial Services every day since he was released. 336 00:22:07,660 --> 00:22:11,210 If he was gonna show up, he'd have been here by now. 337 00:22:11,297 --> 00:22:14,153 Maybe he realized he screwed up and took off. 338 00:22:14,233 --> 00:22:16,885 And spend the rest of his life on the run? No. 339 00:22:16,969 --> 00:22:20,292 This guy thinks he's gonna beat us at trial. He'll show. 340 00:22:21,774 --> 00:22:26,963 Suspect spotted on foot crossing 137th Street. All units, go. Go! Go! Go! 341 00:22:28,347 --> 00:22:31,363 Kenny Thompson! You're under arrest. 342 00:22:31,450 --> 00:22:34,238 I'm not resisting. You're under arrest for intimidating a witness. 343 00:22:34,320 --> 00:22:36,518 You have the right to remain silent. If you give up that 344 00:22:36,542 --> 00:22:38,803 right, anything you say can and will be used against you. 345 00:22:38,891 --> 00:22:40,746 Kibre. Put Lansing on. 346 00:22:40,826 --> 00:22:44,979 Hello? Charlie, they just arrested Thompson. 347 00:22:45,064 --> 00:22:48,023 So how does that help me or my family? 348 00:22:48,100 --> 00:22:50,990 What if you lose the case and he gets out? 349 00:22:51,070 --> 00:22:52,993 I don't think I can help you. No. 350 00:22:53,072 --> 00:22:55,717 You're still gonna have to testify, but— I'm not saying another word. 351 00:22:55,741 --> 00:22:57,960 - Charlie? - Do what you want to me. 352 00:22:58,043 --> 00:23:00,433 Charlie, listen to me. 353 00:23:00,512 --> 00:23:02,435 Damn it! 354 00:23:05,251 --> 00:23:07,766 He's in custody. You got what you wanted. 355 00:23:09,421 --> 00:23:11,344 So did he. 356 00:23:16,128 --> 00:23:19,053 He totally played me. He's-He's orchestrating things. 357 00:23:19,131 --> 00:23:22,147 He got me to arrange a meeting with Lansing to intimidate him. 358 00:23:22,234 --> 00:23:25,318 You did nothing unethical. You're covered. But that's not the point, Leigh. 359 00:23:25,404 --> 00:23:28,624 What is the point, Todd? Why would he intimidate a witness unless he was guilty? 360 00:23:28,707 --> 00:23:31,267 Oh, come on. Whatever he might have done, it was a long time ago. 361 00:23:31,310 --> 00:23:34,599 He's a different person now. Back to earth, Leigh! He killed four people! 362 00:23:34,680 --> 00:23:37,366 Keep your voice down! 363 00:23:37,449 --> 00:23:39,304 Do you wanna be a litigator or not? 364 00:23:39,385 --> 00:23:41,775 The man's a sociopath. 365 00:23:41,854 --> 00:23:43,005 So if one of our corporate clients has a product 366 00:23:43,029 --> 00:23:44,032 that causes cancer, we don't defend them? 367 00:23:44,056 --> 00:23:46,134 We only defend the good guys? That's totally different. 368 00:23:46,158 --> 00:23:47,638 No, it's not. 369 00:23:47,726 --> 00:23:51,151 Your client just did you a favor by scaring off their one eyewitness. 370 00:23:51,230 --> 00:23:53,984 You can either whine about that or win with it. 371 00:23:59,104 --> 00:24:02,552 I was reading the transcript of the original trial. 372 00:24:02,641 --> 00:24:04,564 Your closing's good. 373 00:24:04,643 --> 00:24:08,125 "You wake up, look outside, 374 00:24:08,213 --> 00:24:11,536 "and the ground is blanketed with untouched snow... 375 00:24:11,617 --> 00:24:14,041 "except for a set of footprints... 376 00:24:14,119 --> 00:24:17,009 leading to the mailbox and leading away." 377 00:24:17,089 --> 00:24:20,048 "You find mail in the box. 378 00:24:20,125 --> 00:24:22,640 "You can safely assume the mailman was there. 379 00:24:22,728 --> 00:24:25,311 "No one saw him, but the circumstantial evidence... 380 00:24:25,397 --> 00:24:28,219 is compelling beyond a reasonable doubt." 381 00:24:28,300 --> 00:24:30,314 It's a great analogy. 382 00:24:30,402 --> 00:24:32,655 I'm afraid it didn't have the desired effect on the jury. 383 00:24:32,738 --> 00:24:35,060 I got the feeling they'd wanna compare... 384 00:24:35,140 --> 00:24:38,861 a plaster cast of the footprints to the mailman's boots. 385 00:24:40,879 --> 00:24:42,859 I think... 386 00:24:44,316 --> 00:24:47,138 I'm in trouble, Nick. 387 00:24:47,219 --> 00:24:50,007 I open tomorrow, and all I've got is Lansing. 388 00:24:50,089 --> 00:24:52,945 And I had to subpoena him to compel him to appear. 389 00:24:54,860 --> 00:24:56,977 Then you'd better pray he stays strong, 390 00:24:57,062 --> 00:24:59,281 'cause everything else is the mailman's footprints. 391 00:25:05,371 --> 00:25:07,294 When you were sitting on your stoop... 392 00:25:07,373 --> 00:25:10,525 and asked the man for a cigarette, how far away was he? 393 00:25:11,744 --> 00:25:17,331 A few feet. But it was dark, and the guy was really dark-skinned. 394 00:25:17,416 --> 00:25:19,806 I really didn't get a good look. 395 00:25:19,885 --> 00:25:23,140 [Kibre] Mr. Lansing? 396 00:25:23,222 --> 00:25:25,441 Charlie? 397 00:25:25,524 --> 00:25:29,245 But you identified the man you talked to as the defendant, Kenny Thompson? 398 00:25:29,328 --> 00:25:33,720 I guess I did. But now, I'm not so sure. 399 00:25:37,936 --> 00:25:40,417 Mr. Lansing, is it true that last week, 400 00:25:40,506 --> 00:25:44,261 contrary to the order of this court, 401 00:25:44,343 --> 00:25:47,165 Mr. Thompson sought you out and threatened you? 402 00:25:47,246 --> 00:25:50,364 That's not... 403 00:25:50,449 --> 00:25:53,840 Look, I was pushed into making this I.D. eight years ago. 404 00:25:53,919 --> 00:25:56,536 Who pushed you? You came forward on your own. 405 00:25:56,622 --> 00:25:59,308 You testified under oath before a grand jury. 406 00:26:01,493 --> 00:26:03,416 That's not how I remember it. 407 00:26:09,234 --> 00:26:11,692 Permission to treat the witness as hostile. 408 00:26:11,770 --> 00:26:14,126 Go ahead. At this time, 409 00:26:14,206 --> 00:26:16,994 the People wish to enter into evidence Mr. Lansing's testimony... 410 00:26:17,076 --> 00:26:19,295 from the original grand jury transcript. 411 00:26:19,378 --> 00:26:21,597 We're doing great. 412 00:26:21,680 --> 00:26:24,070 [Judge] That goes back a long way, Miss Kibre. 413 00:26:24,149 --> 00:26:28,769 [Kibre] The witness made several sworn statements. Very well. 414 00:26:33,092 --> 00:26:36,642 I just got a text from Dr. Link. Marisol remembers something. 415 00:26:37,896 --> 00:26:40,513 Find out what. 416 00:26:40,599 --> 00:26:44,718 I saw Ana open the office door. 417 00:26:44,803 --> 00:26:48,991 And I must have started screaming, 418 00:26:49,074 --> 00:26:52,795 'cause I see the guy look up at Ana and goes, 419 00:26:52,878 --> 00:26:55,495 "Trey, she's got a gun." 420 00:26:55,581 --> 00:26:58,369 Who said, "Trey, she's got a gun"? 421 00:26:58,450 --> 00:27:03,502 Colfax—the guy that Ana shot. 422 00:27:05,357 --> 00:27:09,749 Thompson's arrest record lists "Trey" as one of his aliases. 423 00:27:09,828 --> 00:27:13,117 [Kibre] When exactly did you remember someone saying... 424 00:27:13,198 --> 00:27:15,918 "Trey, she's got a gun"? 425 00:27:16,001 --> 00:27:20,120 A few days after I revisited the crime scene. 426 00:27:20,205 --> 00:27:23,164 Did you remember anything else? Yeah. 427 00:27:26,678 --> 00:27:28,726 Before he shot me, 428 00:27:30,983 --> 00:27:34,272 he put the gun... 429 00:27:34,353 --> 00:27:36,470 in the back of my head... 430 00:27:41,660 --> 00:27:44,277 and he said, "Don't worry. 431 00:27:47,432 --> 00:27:49,617 It'll be fast." 432 00:27:49,701 --> 00:27:54,127 Marisol, after these memories came back to you, what did you do? 433 00:27:54,206 --> 00:27:57,096 I called Dr. Link. 434 00:27:57,176 --> 00:27:59,293 He's been helping me. 435 00:28:02,681 --> 00:28:04,604 Thank you. 436 00:28:08,854 --> 00:28:11,972 Dr. Link, how did you get involved in this case? 437 00:28:12,057 --> 00:28:14,481 Tracey Kibre asked me to evaluate Ms. Rodriguez. 438 00:28:14,560 --> 00:28:16,677 Evaluate or influence? 439 00:28:16,762 --> 00:28:20,711 When Ms. Kibre called, I was careful to make my role very clear. 440 00:28:20,799 --> 00:28:23,553 I don't believe in trying to force or shape a patient's memory. 441 00:28:23,635 --> 00:28:26,457 And yet, you participated in an obvious attempt to trigger a memory, 442 00:28:26,538 --> 00:28:28,393 a visit back to the crime scene. 443 00:28:28,473 --> 00:28:31,056 [Dr. Link] Because Ms. Rodriguez wanted to be there. 444 00:28:31,143 --> 00:28:33,433 I discussed the dangers as well as the 445 00:28:33,457 --> 00:28:36,502 potentially therapeutic outcomes. She chose to go. 446 00:28:36,582 --> 00:28:39,097 Did Marisol Rodriguez ever spend time in your waiting room? 447 00:28:39,184 --> 00:28:41,642 Yes, before her sessions. 448 00:28:41,720 --> 00:28:44,770 - I imagine, like most doctors, you have magazines there? - Yes. 449 00:28:44,856 --> 00:28:48,440 So while she waited, Marisol Rodriguez could have read those magazines. 450 00:28:48,527 --> 00:28:50,849 Maybe even a back issue of Manhattan Minute? 451 00:28:50,929 --> 00:28:53,910 Objection. Calls for speculation. 452 00:28:53,999 --> 00:28:57,857 Do you know whether she read the magazine? 453 00:28:57,936 --> 00:29:00,826 I don't know whether she did or she didn't. 454 00:29:00,906 --> 00:29:05,332 I subscribe to that magazine, and there are back issues in my waiting room. 455 00:29:05,410 --> 00:29:09,927 I offer into evidence a copy of Manhattan Minute from April 2003. 456 00:29:10,015 --> 00:29:12,337 I call your attention to the article on page 28... 457 00:29:12,417 --> 00:29:14,636 which profiles the Burger Kastle massacres... 458 00:29:14,720 --> 00:29:18,202 and refers more than once to Kenny Thompson as "Trey." 459 00:29:18,290 --> 00:29:23,615 I believe her memory came from the actual experience, not something she read. 460 00:29:23,695 --> 00:29:25,773 I have no doubt, Dr. Link, that you have the ability... 461 00:29:25,797 --> 00:29:30,155 to distinguish between real memories and mere suggestion. 462 00:29:30,235 --> 00:29:33,490 But does Marisol? 463 00:29:40,912 --> 00:29:44,701 I did see Kenny with some money the day after the robbery. 464 00:29:44,783 --> 00:29:47,070 Why didn't you tell anyone this before? 465 00:29:47,152 --> 00:29:49,348 Because we were together then, and he 466 00:29:49,372 --> 00:29:52,011 wasn't the kind of guy I wanted to piss off. 467 00:29:52,090 --> 00:29:54,207 So you're not together anymore? 468 00:29:54,293 --> 00:29:56,808 He's all uptown now. Told me I need to lose some weight. 469 00:29:59,131 --> 00:30:01,487 So you're angry at Kenny, 470 00:30:03,035 --> 00:30:07,018 see a chance to get back at him and make some money in the process. 471 00:30:07,105 --> 00:30:09,495 Look, do you want my story or not? 472 00:30:09,574 --> 00:30:12,191 How much money did you actually see on Kenny? 473 00:30:12,277 --> 00:30:15,167 Like a couple thousand. And it was all weird too, 474 00:30:15,247 --> 00:30:17,330 like rolls of coins and lots of ones. 475 00:30:17,416 --> 00:30:20,375 What was the money in? Hmm? 476 00:30:20,452 --> 00:30:22,375 Was it loose or in a bag... 477 00:30:22,454 --> 00:30:25,310 Yeah, it was in a bag, like one of those night deposit bags. 478 00:30:25,390 --> 00:30:27,780 - What color? - Color? 479 00:30:27,859 --> 00:30:31,250 Yeah. What color was the bag? 480 00:30:31,330 --> 00:30:36,348 Um—I'm not sure. 481 00:30:41,940 --> 00:30:43,920 Was it green? 482 00:30:48,347 --> 00:30:50,270 She's lying. 483 00:30:50,349 --> 00:30:52,500 She knew the money was in a night deposit bag. 484 00:30:52,584 --> 00:30:54,624 That wasn't released to the press. She's a waitress. 485 00:30:54,653 --> 00:30:57,236 Of course she knows at closing, money goes into bags. 486 00:30:57,322 --> 00:30:59,370 Okay, I get it, Kelly. You didn't buy her story. 487 00:30:59,458 --> 00:31:00,915 Neither did you. Well, you're wrong. 488 00:31:00,992 --> 00:31:05,885 I did. And even if I didn't, it's not my problem. It's up to a jury to decide. 489 00:31:05,964 --> 00:31:08,718 Well, you made it your problem when you told her what to say. 490 00:31:08,800 --> 00:31:09,731 I refreshed her memory. 491 00:31:09,755 --> 00:31:12,046 Call it what you want. I call it prosecutorial misconduct. 492 00:31:12,070 --> 00:31:13,959 Hey, watch it. 493 00:31:14,039 --> 00:31:17,487 - You put her on the stand, you'll be suborning perjury. - You're crossing a line. 494 00:31:17,576 --> 00:31:21,092 No, you are, and it's the same line that Nick Forster crossed eight years ago. 495 00:31:21,179 --> 00:31:24,160 A decision which will probably get him disbarred. 496 00:31:24,249 --> 00:31:27,289 Look, tomorrow morning, when I put Kim on the stand, you're either with me... 497 00:31:27,352 --> 00:31:29,742 or you take a sick day. 498 00:31:37,929 --> 00:31:40,819 [Eckhart] What is she going to say? 499 00:31:40,899 --> 00:31:44,119 For 10 grand, she'll say anything. She'll say I confessed to her. 500 00:31:44,202 --> 00:31:46,683 Did you? 501 00:31:46,772 --> 00:31:49,332 Were you wearing gloves that night, Kenny? 502 00:31:49,408 --> 00:31:51,819 Is that how you were so sure the fingerprint expert was lying? 503 00:31:51,843 --> 00:31:56,861 All you gotta know about Kim Evans— She's got a rap sheet longer than mine. 504 00:31:56,948 --> 00:31:58,996 Even you should be able to discredit her. 505 00:32:00,585 --> 00:32:03,464 [Bailiff] Do you solemnly swear that the testimony you give will be the truth, 506 00:32:03,488 --> 00:32:06,768 the whole truth, and nothing but the truth, so help you God? Not so sick after all. 507 00:32:08,260 --> 00:32:10,843 Actually, I am. 508 00:32:13,799 --> 00:32:16,917 Please state your name for the record. Kim Evans. 509 00:32:17,002 --> 00:32:19,153 What is your relationship to Mr. Thompson? 510 00:32:19,237 --> 00:32:22,127 I was his girlfriend. 511 00:32:22,207 --> 00:32:26,258 Did you see Mr. Thompson on April 9, 1997, 512 00:32:26,344 --> 00:32:28,324 the day after the Burger Kastle killings? 513 00:32:28,413 --> 00:32:30,803 Yeah, I saw him that day. 514 00:32:30,882 --> 00:32:35,570 Did he show you... 515 00:32:35,654 --> 00:32:38,078 Did he... 516 00:32:50,268 --> 00:32:53,158 Your Honor, a moment, please. 517 00:32:53,238 --> 00:32:54,695 All right. 518 00:32:59,277 --> 00:33:03,897 Nod. Write something in your pad like I'm giving you instructions. 519 00:33:03,982 --> 00:33:07,532 Get your cell phone and make believe that you're making... 520 00:33:07,619 --> 00:33:11,238 a really important phone call as you leave the courtroom, and meet me in the hallway. 521 00:33:16,161 --> 00:33:18,175 I have no further questions for this witness. 522 00:33:18,263 --> 00:33:20,220 But— Mr. Eckhart? 523 00:33:21,566 --> 00:33:24,252 Nothing for this witness, Your Honor. 524 00:33:24,336 --> 00:33:26,589 [Judge] Do the People rest, Miss Kibre? 525 00:33:26,671 --> 00:33:29,288 Actually, Your Honor, we'd like to request a recess. 526 00:33:29,374 --> 00:33:31,093 We'll adjourn until tomorrow. 527 00:33:43,188 --> 00:33:46,044 I hate it when you gloat. 528 00:33:46,124 --> 00:33:49,982 Combed through the old case file, witnesses, evidence. 529 00:33:50,061 --> 00:33:55,648 So what's new? What do we have that Nick Forster didn't other than a weaker case? 530 00:33:55,734 --> 00:33:58,624 - Marisol's testimony. - Well, her story is all over the place. 531 00:33:58,703 --> 00:34:01,889 - It doesn't even jibe with Thompson's confession. - How so? 532 00:34:01,973 --> 00:34:06,525 Thompson claims that all of the employees were blindfolded, bound and gagged... 533 00:34:06,611 --> 00:34:08,571 when Ana came out of the office with guns blazing. 534 00:34:08,647 --> 00:34:10,229 That's how the police found them. 535 00:34:10,315 --> 00:34:11,772 Yeah, well, Marisol claims that... 536 00:34:11,850 --> 00:34:15,503 she saw Ana come out of the office and then started screaming. 537 00:34:15,587 --> 00:34:18,773 Now, if I'm blindfolded, I can't see. And if I'm gagged, I'm not screaming. 538 00:34:18,857 --> 00:34:23,909 So Thompson and Colfax were in the process of gagging Marisol when Ana came out. 539 00:34:23,995 --> 00:34:26,043 Okay. 540 00:34:26,131 --> 00:34:30,956 Okay, so Thompson is in the process of gagging Marisol. 541 00:34:31,036 --> 00:34:35,861 Or Colfax was doing it, which would explain why he yelled, "Trey, she's got a gun." 542 00:34:35,941 --> 00:34:41,130 So Ana shoots Colfax before he gets a chance to gag Marisol. 543 00:34:41,212 --> 00:34:45,400 Then Thompson shoots Ana. But now he's gotta subdue an hysterical Marisol. 544 00:34:45,483 --> 00:34:50,308 So he picks up the tape. And how do you rip tape off a roll while holding a gun? 545 00:34:50,388 --> 00:34:52,436 Maybe he uses his teeth. 546 00:34:54,059 --> 00:34:57,143 Let's hope so. Where's Marisol's gag? 547 00:34:58,997 --> 00:35:03,253 It's useless. It was in that box of exhibits that had bad water damage. 548 00:35:03,335 --> 00:35:05,691 What about the roll of tape the gag came off of? 549 00:35:05,770 --> 00:35:08,330 A different box. We might still have it. 550 00:35:08,406 --> 00:35:12,662 - It could have tooth marks or— - D.N.A. 551 00:35:12,744 --> 00:35:15,361 I'll call the crime lab. 552 00:35:16,381 --> 00:35:19,306 Ms. Kibre, a delay at this point in the trial... 553 00:35:19,384 --> 00:35:21,535 Just until the test results come back. 554 00:35:21,620 --> 00:35:24,408 Your Honor, there's a lack of fundamental fairness here. 555 00:35:24,489 --> 00:35:26,396 At the last possible minute, Ms. Kibre is 556 00:35:26,420 --> 00:35:28,540 conducting a complicated technical procedure. 557 00:35:28,627 --> 00:35:32,553 A procedure which may exonerate his client and put an end to this trial. 558 00:35:32,631 --> 00:35:36,022 We expect mitochondrial results back within 24 hours. 559 00:35:36,101 --> 00:35:38,582 The People request a continuance until that time. 560 00:35:38,670 --> 00:35:41,993 I'll grant the continuance, Ms. Kibre, 561 00:35:42,073 --> 00:35:46,226 but I trust the People can firmly establish the chain of custody? 562 00:35:46,311 --> 00:35:49,223 The jury's gonna wanna know whose hands this roll of tape passed through... 563 00:35:49,247 --> 00:35:52,365 from the moment it was picked up at the crime scene until today. 564 00:35:52,450 --> 00:35:55,067 [Kibre] Yes, Your Honor. 565 00:35:58,323 --> 00:36:00,906 Where do we stand on the chain of custody? Not so good. 566 00:36:00,992 --> 00:36:03,043 The C.S.U. detective who bagged the tape at the 567 00:36:03,067 --> 00:36:05,009 scene died in a car accident four years ago. 568 00:36:05,096 --> 00:36:07,110 Oh, come on. 569 00:36:07,198 --> 00:36:09,977 Well, somebody else must have seen him put that tape in the evidence bag. 570 00:36:10,001 --> 00:36:12,960 Somebody did. Nick Forster. 571 00:36:13,038 --> 00:36:16,327 Having me anywhere near the case weakens it for you. 572 00:36:16,408 --> 00:36:18,593 We've got a D.N.A. match. I just need you. 573 00:36:18,677 --> 00:36:20,600 I can't do it. I'm not asking. 574 00:36:20,679 --> 00:36:23,604 - I'm calling you to the stand. - Beer? 575 00:36:23,682 --> 00:36:27,870 - Nick— - Don't you get it? 576 00:36:27,952 --> 00:36:31,104 I cannot testify without perjuring myself. 577 00:36:32,657 --> 00:36:36,583 Oh, my God. You knew the fingerprint was bad. 578 00:36:38,663 --> 00:36:42,088 After the confession was tossed, I was desperate. 579 00:36:42,167 --> 00:36:46,787 How's a guy kill four people and not leave a single sign of himself behind? 580 00:36:49,174 --> 00:36:51,393 I'm having dinner one night with this F.B.I. guy—Tanner. 581 00:36:53,244 --> 00:36:57,397 He begs me to let him help me. 582 00:36:57,482 --> 00:37:00,771 On cross, Eckhart is gonna ask you point-blank about the fingerprint. 583 00:37:02,620 --> 00:37:03,354 I'll lie. 584 00:37:03,378 --> 00:37:06,409 You do and get caught, Thompson goes free. 585 00:37:07,425 --> 00:37:10,441 Do you realize what you're asking me? 586 00:37:10,528 --> 00:37:14,818 Yeah. Step up and admit what you did. 587 00:37:17,368 --> 00:37:19,485 You know I can't do that. 588 00:37:19,571 --> 00:37:22,860 Forget about the job. 589 00:37:22,941 --> 00:37:25,160 I could go to jail. 590 00:37:26,244 --> 00:37:30,636 The man I know wouldn't be able to live with those bodies on his conscience. 591 00:37:41,760 --> 00:37:44,343 Ariadne Iberra, Ana Pacheco, 592 00:37:44,429 --> 00:37:48,617 Max Loeb and Jose Ruiz. 593 00:37:48,700 --> 00:37:51,852 You were the original prosecutor in the murders of these individuals? 594 00:37:51,936 --> 00:37:53,222 I was. 595 00:37:54,806 --> 00:37:58,061 Do you recognize this duct tape? I do. 596 00:37:58,143 --> 00:38:02,660 It was the roll of tape found at the crime scene on April 8, 1997. 597 00:38:02,747 --> 00:38:05,763 Where was it found? 598 00:38:05,850 --> 00:38:08,410 Right here, outside the meat locker. 599 00:38:08,486 --> 00:38:10,739 And what was done with it? 600 00:38:10,822 --> 00:38:15,374 I saw Crime Scene Unit Detective Sonnenberg bag it and enter it into evidence. 601 00:38:15,460 --> 00:38:18,214 [Kibre] And then what? I personally supervised gathering... 602 00:38:18,296 --> 00:38:20,481 all the evidence at the scene... 603 00:38:20,565 --> 00:38:25,754 and transported it from the restaurant to the intake technician at the 39th Precinct. 604 00:38:25,837 --> 00:38:29,524 So just to be clear, you saw Detective Sonnenberg... 605 00:38:29,607 --> 00:38:33,032 bag this roll of duct tape and enter it into evidence? 606 00:38:33,111 --> 00:38:35,034 Yes. 607 00:38:48,593 --> 00:38:52,644 Isn't it true that the reason you're not trying this case today... 608 00:38:52,730 --> 00:38:54,847 is because you're currently under investigation... 609 00:38:54,933 --> 00:38:58,620 for falsifying fingerprint evidence in the first trial of Mr. Thompson? 610 00:38:58,703 --> 00:39:01,423 Yes. 611 00:39:04,108 --> 00:39:06,623 Did you falsify the fingerprint? 612 00:39:06,711 --> 00:39:09,363 I... 613 00:39:26,631 --> 00:39:28,554 Yes. 614 00:39:32,270 --> 00:39:35,957 You admit you've lied before. Why should the jury believe you now? 615 00:39:36,040 --> 00:39:40,159 Because I've just admitted that lie under oath. 616 00:39:40,245 --> 00:39:44,262 Because I'll probably be disbarred, 617 00:39:44,349 --> 00:39:48,901 and I have nothing left to lose. 618 00:39:48,987 --> 00:39:50,910 I'm finished. 619 00:40:26,190 --> 00:40:28,614 Guilty on all counts. Thank you. 620 00:40:28,693 --> 00:40:30,673 Oh! 621 00:40:34,265 --> 00:40:38,521 The firm has decided to sever our relationship with you. 622 00:40:38,603 --> 00:40:40,686 We'd be happy to recommend a public defender. 623 00:40:40,772 --> 00:40:43,458 - No. - Excuse me? 624 00:40:43,541 --> 00:40:48,400 Sullivan & Sterling will continue as counsel on my case. Why would we do that? 625 00:40:48,479 --> 00:40:50,919 Because I have at least seven examples of ineffective 626 00:40:50,943 --> 00:40:53,406 assistance of counsel committed by our boy Todd here. 627 00:40:53,484 --> 00:40:55,203 That's a lie. Maybe. 628 00:40:55,286 --> 00:40:58,677 But do you really wanna put yourself and the firm through a hearing? 629 00:41:00,325 --> 00:41:01,907 I'll be in touch. 630 00:41:10,635 --> 00:41:14,322 Branch fire him? Nope. He resigned. 631 00:41:14,405 --> 00:41:19,525 Smart. This way, he gets to collect his full pension. 632 00:41:19,610 --> 00:41:21,533 I don't think that entered into it. 633 00:41:21,612 --> 00:41:23,729 You give people too much credit. 634 00:41:23,815 --> 00:41:26,637 You don't give people enough. 635 00:41:26,718 --> 00:41:28,903 Big risk calling him to the stand. 636 00:41:28,987 --> 00:41:31,001 I had no choice. 637 00:41:31,089 --> 00:41:34,378 But why not wait for Eckhart to crucify him? He would have lied to Eckhart. 638 00:41:34,459 --> 00:41:36,542 Then I'd have known he was giving false testimony. 639 00:41:36,627 --> 00:41:39,187 He could just as easily have lied to you. I knew he wouldn't. 640 00:41:39,263 --> 00:41:42,552 Come on. You've known the guy for 15 years. 641 00:41:42,633 --> 00:41:45,489 You're telling me he never lied to you? 642 00:41:45,570 --> 00:41:47,994 Yeah, he lied to me. 643 00:41:48,072 --> 00:41:50,462 Just not about the law. 644 00:42:20,471 --> 00:42:22,929 [Howling] 645 00:42:23,305 --> 00:43:23,180 Please rate this subtitle at www.osdb.link/7k8rm Help other users to choose the best subtitles 54718

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