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MAN [over earbuds]: ...on the
court tell a different story.
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You're listening
to Strictly Legal Talk,
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00:00:10,706 --> 00:00:12,099
a professional legal podcast.
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[knocking]
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MAN:
Excuse me, Judge Duggan?
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Tony. Come in.
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Listen, I know
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you're new, but everyone
around here calls me Madison.
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Yes, ma'am.
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I didn't mean to disturb you,
but the jury's in the box. [gavel bangs]
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Please introduce yourself
to Her Honor
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and the membersof the jury.
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My name is Debra Jansen,
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and I'm a registered nurse.
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Did you and the defendant,
Dr. Stanley Ferris,
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perform an assisted suicide?
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Yes. We did.
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And could you please
describe the circumstances?
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The patient was
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a 72-year-old male.
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He was sufferingfrom diabetes and heart disease.
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Didn't have long to live,
but obviously,
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in a tremendous amount of pain
and discomfort.
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[door opens]We went
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to his home.I administered
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four milligrams
of ondansetron.
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It's a tablet.
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We give itto prevent nausea,
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vomiting.
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Once he'd gotten that down,
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Dr. Ferris mixed ten grams
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of secobarbital
with apple juice.
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About 30 minutes later,
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the patient stopped breathing.
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Thank you. I have nothing
further, Your Honor.
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Any questions from the defense?
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MALLOY:
Let me ask you a
question, Ms. Jansen.
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The deceased was
suffering, wasn't he?
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Very much so. Yes.
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And he askedto be
euthanized, didn't he?
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Yes. Of course.
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Now the reason
you're here today,
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the reason we're all
here today is that
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the A.D.A. cut you
a deal in exchange for
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your testimony,isn't that right?
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She promised not to prosecute me
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for being a part of it
if I testified. Yes.
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Thank you.
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I have nothing further.
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DUGGAN:
Okay.
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Let's take a brief recess.
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Ms. Boyd, I'd like to see youand the witness in my chambers.
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I noticed there are federal
agents in the gallery.
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Ms. Boyd,
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when you promised
not to prosecute Ms. Jansen,
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did you reach out
to your federal counterparts
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and make sure the promise
would bind the United States
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Attorney's Office,
as well?
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No, Your Honor.
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So you made a deal
with this witness,
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but you didn'tget the Feds
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to sign off on it?
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Those FBI agents grab you,
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you are lookingat ten years.
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Ten years?
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So, wait. They're-they're here
to arrest me?
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I never would have agreed
to testify if I had known
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that could happen.
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You made a critical error.
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You should have dialed
in the Feds
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before you promised her
immunity.
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Okay. Wait a second.Let's figure this out.
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Maybe if you couldlet her stay in here,
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she could call her lawyer?
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All of us together--we can work this out.
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You're not going to
work anything out.
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They are here to do a job,
and they're gonna do it.
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The second she walks
back into that courtroom,
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they are gonna take
her into custody,
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whether she's called
a lawyer or not.
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Oh, my God.
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I have kids. I...
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Why don't you return
to the courtroom?
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Give us a moment.
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[door opens, closes]
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COURT OFFICER:All rise!
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Oh, no, no, stop.
Sorry for
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the delay, everyone.
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Agents, can you please
take your seats?
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I'd like to resume trial.
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Of course.
We'll leave
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in just a second,
but we need to speak
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to the witness
who just testified.
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The nurse.I think
you may have just missed her.
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Missed her?
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I believe she had another matterto attend to.
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Your Honor, let me be clear.
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We came here to arrest her.
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I don't know what to tell you.
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You understand
what this looks like?
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You called Ms. Jansen
into your chambers immediately
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after she confesses
to illegal drug distribution.
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Now she's gone?
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Again...
I don't know what to tell you.
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If you feel
you have lawful authority
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to arrest someone,
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then you should do so.You just need
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to do it in a way that doesn't
intimidate witnesses,
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or cause a disruption
in my courtroom.
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Understood?
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Oh, I completely understand,
Your Honor.
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But do you understand
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that in intentionally allowing
Ms. Jansen to evade arrest,
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you just committed
a federal crime?
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[gallery murmuring]
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Need you to step down
from the bench
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and put your hands
behind your back.
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And I need you
to leave my courtroom.
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I have a trial to attend to.
Court officer?
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Seriously?
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I'm asking you one last time.
Step off the bench.
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Judge Duggan,you're being charged
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with obstruction of justice andaiding and abetting an escape.
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You have the rightto remain silent...Save your breath.
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I know the song. I can
recite the lyrics by heart.
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Anything you say canand will be used against you
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in a court of law.
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You have the rightto an attorney.
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If you cannot afford
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an attorney, one will beprovided for you.
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MARISSA:
Wow.
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A judge with half a
million Twitter followers.
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CHUNK:
Well, I'm guessing
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she's a bleeding heart?
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The kind that sends defendants
home with a slap on the wrist?
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Well, that is not exactly the
way that I would describe her.
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A defendant was convictedof a drunk driving hit-and-run.
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She ordered him to spend a week
living at the morgue.
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Eating, sleeping.
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All of it, surrounded
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by lifeless, mangled victims
of car accidents.
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A week at the morgue?
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I think I'd rather go to prison.
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She sentenced another defendant,a slumlord,
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to live in one
of his rat-infested properties
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for six months.
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Oh. So she's one of those.
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And apparently, it is effective.
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Judge Duggan's defendantshave the lowest recidivism rates
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in the city-- an average of 17%.
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Sounds like there's a method
to her madness.
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[phone chimes, vibrates]Oh.
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That's her.
She's in the lobby.
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DUGGAN:
I appreciate
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you seeing me
on such short notice.
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I know you're both very busy.
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Happy to be of help.
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DUGGAN:First, I know what peopleare saying about me.
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They think I have
some sort of agenda,
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both political and personal.Well,
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you were elected to the bench.
People assume
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you have your sights set
on bigger and better things.
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BENNY:
The prosecutor is
alleging you used
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your platform as a judge
to raise your profile,
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make a political statement.
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The prosecutor's wrong.
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This isn't about self-promotionor assisted suicide.
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In fact, I don't even havean opinion on assisted suicide.
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Then, why'd you do it?
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You, of all people, know
the jeopardy you're facing.
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Could cost you 25 years
in prison,
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your seat on the bench,
your license to practice.
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I know it's gonna sound likesomething from a bumper sticker,
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but... I did it to protect
the sanctity of the courtroom,
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the sovereignty of judges,
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the-the business of
providing justice.
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BENNY:
Forgive me, but
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I'm not sure I follow.
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I'm responsible for what happensin my courtroom.
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I can't have people who would
otherwise testify worry
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that if they do, some other
arm of law is gonna be
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waiting for them in the lobby
because they owe back taxes,
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or they have
an outstanding parking ticket,
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or who knows what.
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BENNY:
So you let her
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exit through the judge's lobby
to the private elevator,
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and slip out the back door
of the courthouse?
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I gave her time
to consult with an attorney,
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so she could arrange to turn
herself in and avoid arrest.
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And did she?
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I don't know.
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I'm worried she fled.
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But that's not the point.
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And what is?
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Court has to be a safe space,
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a sacred space.
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Otherwise,
no one will participate.
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Criminals will walk free,
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the crime rate will rise.
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So will you help me?
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Will you represent me?
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Please?
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Well, when you put it like that.
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♪
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[bangs gavel]Good morning. I understand
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the defense has filed a motion
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to dismiss.
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That is correct,Your Honor.
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Hmm. I'll hear you.
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Although, I confess,
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my clerk has already informed meof your position.
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Apparently,
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your client was twittering
about it all morning.
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[gallery murmuring]
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Apparently, she's...
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quite the media sensation.
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It's tweeting,not twittering.
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Argue your motion, Mr. Colón.
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Of course, Your Honor.
[sighs]
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It is the defendant's contentionthat pursuant to Rule 12
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00:09:02,237 --> 00:09:04,805
of the Federal Rules
of Criminal Procedure
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00:09:04,848 --> 00:09:07,547
that the indictment
must be dismissed.
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My client is being
criminally prosecuted
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for doing exactly
what she was sworn to do--
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exercise judicial discretion,
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protect the integrity
of her courtroom, and
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ensure that justice is served.
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OLSEN:Does that mean
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00:09:21,169 --> 00:09:23,388
you stipulate that your clientallowed someone to evade arrest?
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00:09:23,432 --> 00:09:25,608
He's admitting
his client did it.I am admitting
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00:09:25,652 --> 00:09:27,392
nothing of the kind.
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She allowed a witness
to seek counsel.
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Mr. Olsen, does the
United States have a response?
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00:09:32,920 --> 00:09:36,184
It's our position
that Ms. Duggan...
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00:09:36,227 --> 00:09:38,142
Excuse me. It's JudgeDuggan.
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The woman is still a judge.
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I don't carewhat they call me.
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That's not the point.
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00:09:42,494 --> 00:09:44,105
We need to set
a certain tone.
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Ms. Duggan is under suspension.
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Judge Duggan is
on administrative leave
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until the case is resolved.
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And she should
be given
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the respect that she deserves.[gavel bangs]
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00:09:54,463 --> 00:09:55,899
Gentlemen...
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since neither of you hasappeared in my courtroom before,
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let me set a few ground rules
for you.
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00:10:00,251 --> 00:10:02,340
I run a tight ship.
249
00:10:02,384 --> 00:10:04,821
No one speaks out
of turn, and if
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00:10:04,865 --> 00:10:07,432
I want you to elaborate on
anything, I will let you know.
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00:10:07,476 --> 00:10:08,608
Got it?
252
00:10:08,651 --> 00:10:10,348
Of course, Your Honor.Yes, Your Honor.
253
00:10:10,392 --> 00:10:12,873
Continue please, Mr. Olsen.
254
00:10:12,916 --> 00:10:16,398
The defendant's decision toignore a federal arrest warrant
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00:10:16,441 --> 00:10:18,748
appears to have been
a publicity stunt
256
00:10:18,792 --> 00:10:21,316
orchestrated
by a media-savvy jurist,
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00:10:21,359 --> 00:10:24,624
hoping to eventuallyseek higher elected office.
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We simply cannot allow
obstructing the work
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00:10:27,757 --> 00:10:30,412
of federal law enforcement
to be taken lightly.
260
00:10:30,455 --> 00:10:34,677
The defendant must be held
accountable for her actions.
261
00:10:34,721 --> 00:10:36,853
I must say,
I agree with the prosecution.
262
00:10:36,897 --> 00:10:38,638
I'm not going
263
00:10:38,681 --> 00:10:41,292
to endorse
a rogue judge's behavior.
264
00:10:41,336 --> 00:10:44,687
The defendant's motion
to dismiss is denied.
265
00:10:44,731 --> 00:10:47,385
Case will be decided by a jury.
266
00:10:47,429 --> 00:10:49,866
Clearly, this is gonna
be an uphill battle.
267
00:10:49,910 --> 00:10:51,694
One more thing.
268
00:10:51,738 --> 00:10:53,696
Yes, Your Honor?
269
00:10:53,740 --> 00:10:55,872
I'm issuing a gag order.
270
00:10:55,916 --> 00:10:58,353
Respectfully, I don't believe
that's necessary, Your Honor.
271
00:10:58,396 --> 00:11:01,312
Objection noted and overruled.
272
00:11:01,356 --> 00:11:04,011
There will be no twittering
or Facebooking
273
00:11:04,054 --> 00:11:05,969
or any other form
of commentary
274
00:11:06,013 --> 00:11:08,493
during the pendency
of this case.
275
00:11:08,537 --> 00:11:10,104
Have I made myself clear?
276
00:11:10,147 --> 00:11:12,367
Yes, Your Honor.
277
00:11:14,195 --> 00:11:16,153
[sighs heavily]
Sorry, Bull.
278
00:11:16,197 --> 00:11:19,853
Try as I might, I just
could not make it go away.
279
00:11:19,896 --> 00:11:22,986
[sighs]Don't beat yourself up too much.
280
00:11:23,030 --> 00:11:25,336
I realize nowthere was no way on earth
281
00:11:25,380 --> 00:11:27,730
that judge was gonna letour judge off without a trial.
282
00:11:27,774 --> 00:11:29,732
Hmm.
283
00:11:29,776 --> 00:11:32,126
Have you read about our client?
284
00:11:32,169 --> 00:11:34,824
She sure does get some press.
285
00:11:34,868 --> 00:11:37,479
She had this one case once,
a residential burglary.
286
00:11:37,522 --> 00:11:39,873
Victim was juggling
two jobs at once.
287
00:11:39,916 --> 00:11:42,963
Husband was dying,
and she's caring for him.
288
00:11:43,006 --> 00:11:45,226
It's a huge burden
for her to get to the court
289
00:11:45,269 --> 00:11:46,793
during normal hours.
290
00:11:46,836 --> 00:11:51,275
So Judge Duggan decided she
was gonna hold court at night.
291
00:11:51,319 --> 00:11:54,714
Every component of the system
complained.
292
00:11:54,757 --> 00:11:56,890
Courthouse didn't want
to keep the lights on.
293
00:11:56,933 --> 00:11:59,240
The jail didn't want
to transport the prisoner
294
00:11:59,283 --> 00:12:00,502
after hours.
295
00:12:00,545 --> 00:12:03,897
But our client dug in
and made it happen.
296
00:12:03,940 --> 00:12:05,159
That's nice.
297
00:12:05,202 --> 00:12:06,813
I thinkit's more than nice.
298
00:12:06,856 --> 00:12:08,379
I think it'sindicative of someone
299
00:12:08,423 --> 00:12:10,773
who's committed to the ideathat justice should exist
300
00:12:10,817 --> 00:12:12,993
for everyone;it shouldn't be compromised
301
00:12:13,036 --> 00:12:15,691
because it might beinconvenient for the system.
302
00:12:15,735 --> 00:12:17,214
I think she
303
00:12:17,258 --> 00:12:19,086
genuinely believes
in these things.
304
00:12:19,129 --> 00:12:21,741
I believe she honestly thought
that the nurse's reward
305
00:12:21,784 --> 00:12:24,700
for being willing to testify
shouldn't be getting arrested
306
00:12:24,744 --> 00:12:26,571
by another agency.
307
00:12:26,615 --> 00:12:29,009
So, how do you
want to play this?
308
00:12:29,052 --> 00:12:31,098
Who would be on
your ideal jury?
309
00:12:31,141 --> 00:12:32,839
Well, here'san abstract idea.
310
00:12:32,882 --> 00:12:35,232
Sometimes you haveto skirt the law
311
00:12:35,276 --> 00:12:37,887
in order to maintainits integrity.
312
00:12:37,931 --> 00:12:39,889
You've got that right.Our client...
313
00:12:39,933 --> 00:12:41,978
[sighs]:
Judge Duggan...
314
00:12:42,022 --> 00:12:44,372
she's guided
by the spirit of the law
315
00:12:44,415 --> 00:12:45,721
rather than the letter of it.
316
00:12:45,765 --> 00:12:48,550
So we want people
who can see the big picture.
317
00:12:48,593 --> 00:12:50,682
Exactly. We need to deselect
narrow-minded thinkers
318
00:12:50,726 --> 00:12:53,598
and embrace people who are
at least willing to explore
319
00:12:53,642 --> 00:12:56,123
the possibility that,
while at first glance
320
00:12:56,166 --> 00:12:58,778
something may appear
precise and definite,
321
00:12:58,821 --> 00:13:01,432
it may be open
to interpretation,
322
00:13:01,476 --> 00:13:03,304
have a deeper meaning.
323
00:13:03,347 --> 00:13:04,479
Good morning.
324
00:13:04,522 --> 00:13:06,611
So, let me ask you a question.
325
00:13:06,655 --> 00:13:09,266
If I say "Statue of Liberty,"
326
00:13:09,310 --> 00:13:11,094
what does that
make you think of?
327
00:13:11,138 --> 00:13:12,269
I don't know.
328
00:13:12,313 --> 00:13:13,531
Liberty?
329
00:13:13,575 --> 00:13:14,706
Freedom?
330
00:13:14,750 --> 00:13:16,099
[quietly]:
I don't know.
331
00:13:16,143 --> 00:13:18,101
That answer
could cut either way.
332
00:13:18,145 --> 00:13:21,365
Could be viewed
as either literal or abstract.
333
00:13:21,409 --> 00:13:23,759
Or, really, just obvious.
334
00:13:23,803 --> 00:13:27,067
Kelly Wallace. 61 years old.
Teaches physics
335
00:13:27,110 --> 00:13:28,111
at Columbia University.
336
00:13:28,155 --> 00:13:29,243
Well, physicists
337
00:13:29,286 --> 00:13:31,636
are analytical
but also very creative.
338
00:13:31,680 --> 00:13:33,943
Physics itself is practical
339
00:13:33,987 --> 00:13:36,990
but can also be very...
theoretical.
340
00:13:37,991 --> 00:13:39,166
[mumbles]
341
00:13:40,123 --> 00:13:41,255
Okay.
342
00:13:41,298 --> 00:13:42,647
Liberty, freedom.
343
00:13:42,691 --> 00:13:43,953
Anything else?
344
00:13:43,997 --> 00:13:45,737
Hope.
345
00:13:45,781 --> 00:13:47,217
Ah, hope.
346
00:13:47,261 --> 00:13:49,567
Now, there's the abstract
thinker we're looking for.
347
00:13:49,611 --> 00:13:50,699
Your Honor,
348
00:13:50,742 --> 00:13:53,441
this juror is acceptable
to the defense.
349
00:13:53,484 --> 00:13:55,965
So, miss, let me
ask you a question.
350
00:13:56,009 --> 00:13:58,576
Now, this case makes reference
to assisted suicide,
351
00:13:58,620 --> 00:14:00,840
and I'm reading
on your questionnaire here
352
00:14:00,883 --> 00:14:02,493
that you are a nun.
353
00:14:02,537 --> 00:14:05,714
Do you think that you can
be fair and impartial?
354
00:14:05,757 --> 00:14:07,237
Well...
355
00:14:07,281 --> 00:14:09,196
suicide is a mortal sin.
356
00:14:09,239 --> 00:14:11,328
It's an act
against the will of God.
357
00:14:11,372 --> 00:14:13,809
I'm not sure
what else I can tell you.
358
00:14:13,853 --> 00:14:15,550
Thank you for your candor.
359
00:14:15,593 --> 00:14:16,986
Your Honor, we move
360
00:14:17,030 --> 00:14:19,336
to exclude this
juror for cause.
361
00:14:19,380 --> 00:14:21,077
Request is denied.
362
00:14:22,383 --> 00:14:24,124
Excuse me?Request is denied.
363
00:14:24,167 --> 00:14:25,777
There is no cause.
364
00:14:25,821 --> 00:14:26,996
That's absurd.
365
00:14:27,040 --> 00:14:28,432
This witness
just answered
366
00:14:28,476 --> 00:14:30,739
she considers suicide--
any kind of suicide--
367
00:14:30,782 --> 00:14:32,001
a mortal sin.
368
00:14:32,045 --> 00:14:33,524
I'd advise you to sit down.
369
00:14:33,568 --> 00:14:36,223
Counsel, want to take control
of your client?
370
00:14:36,266 --> 00:14:37,354
What more cause do you need?
371
00:14:37,398 --> 00:14:39,356
Take your seat.
Let Benny do his job.
372
00:14:39,400 --> 00:14:42,098
But this case isn't
about suicide, it's about you.
373
00:14:42,142 --> 00:14:45,014
Letting someone out the back
door to avoid being arrested.
374
00:14:45,058 --> 00:14:47,451
That someone who just assisted
in an act of suicide.
375
00:14:47,495 --> 00:14:49,366
How can you not see
the prejudicial effect
376
00:14:49,410 --> 00:14:51,194
that that might haveon this juror?
377
00:14:51,238 --> 00:14:52,935
Did you not hear me?Of course I did.
378
00:14:52,979 --> 00:14:54,806
The questions is,
did you hear me?
379
00:14:54,850 --> 00:14:55,895
Please let us handle this.
380
00:14:55,938 --> 00:14:57,418
This is my final warning.
381
00:14:57,461 --> 00:14:58,723
Take your seat.
382
00:14:58,767 --> 00:14:59,986
Your lawyer
383
00:15:00,029 --> 00:15:02,162
may exercise oneof his six preemptory challenges
384
00:15:02,205 --> 00:15:04,033
on this jury if he so chooses.
385
00:15:04,077 --> 00:15:06,035
That's not the point.
We shouldn't have to use
386
00:15:06,079 --> 00:15:07,732
one of our six
preemptory challenges
387
00:15:07,776 --> 00:15:09,473
when this juroris clearly biased.
388
00:15:09,517 --> 00:15:11,606
This is the last time
I'm gonna say it.
389
00:15:11,649 --> 00:15:14,304
Take your seat
and shut your mouth.
390
00:15:14,348 --> 00:15:16,045
[gallery murmuring]
391
00:15:16,089 --> 00:15:17,177
Fine.
392
00:15:17,220 --> 00:15:19,744
[grunts quietly]
I will take my seat
393
00:15:19,788 --> 00:15:22,399
and I will shut my mouth,
but I promise you,
394
00:15:22,443 --> 00:15:24,749
tomorrow morning
I am filing charges
395
00:15:24,793 --> 00:15:26,577
with the
Judicial Board of Review,
396
00:15:26,621 --> 00:15:28,231
and citing your...
your infantile behavior
397
00:15:28,275 --> 00:15:29,798
and yourwillful disregard
398
00:15:29,841 --> 00:15:31,756
for my rights!
399
00:15:31,800 --> 00:15:32,932
You were warned.
400
00:15:32,975 --> 00:15:35,412
I'm finding you
in contempt of court.
401
00:15:35,456 --> 00:15:38,807
[panting]:Marshal, take her into custody.
402
00:15:42,811 --> 00:15:44,291
[handcuffs clicking]
403
00:16:05,355 --> 00:16:07,444
♪
404
00:16:18,281 --> 00:16:20,675
Thank you for bailing me out.
405
00:16:20,718 --> 00:16:23,504
I know I should have
exercised better judgment
406
00:16:23,547 --> 00:16:25,506
with regards
to my behavior,
407
00:16:25,549 --> 00:16:27,508
but I hope you can
both appreciate
408
00:16:27,551 --> 00:16:29,597
that I am right
on the issues,
409
00:16:29,640 --> 00:16:30,815
on the principles
involved.
410
00:16:30,859 --> 00:16:32,034
I want desperately to believe
411
00:16:32,078 --> 00:16:33,514
that you're not really
that naive.
412
00:16:33,557 --> 00:16:35,298
Huh, wow, Dr. Bull.
413
00:16:35,342 --> 00:16:37,126
Tell me what you really think.
414
00:16:37,170 --> 00:16:39,041
Do you realize what you've done?
415
00:16:39,085 --> 00:16:41,348
The self-inflicted damage
that you've caused
416
00:16:41,391 --> 00:16:42,827
by pulling that stunt?
417
00:16:42,871 --> 00:16:44,481
You want to go to prison?
418
00:16:44,525 --> 00:16:45,917
No. Of course not.
419
00:16:45,961 --> 00:16:47,963
You have to understand
it didn't help your cause
420
00:16:48,007 --> 00:16:50,792
for the jury to see you
ushered out of the courtroom
421
00:16:50,835 --> 00:16:52,707
in handcuffs like that.
422
00:16:52,750 --> 00:16:55,579
That alone is
a huge setback for us.
423
00:16:56,711 --> 00:16:59,192
I don't disagree.
But they also saw
424
00:16:59,235 --> 00:17:01,977
a person stand up for herself
and really...
425
00:17:02,021 --> 00:17:03,326
Oh, come on. Look,
426
00:17:03,370 --> 00:17:05,285
I respect that you're a person
of principle.
427
00:17:05,328 --> 00:17:07,069
That's why I took you on
as a client.
428
00:17:07,113 --> 00:17:08,897
But...
[sighs]
429
00:17:08,940 --> 00:17:11,247
You completely destroyed
our narrative in there.
430
00:17:11,291 --> 00:17:12,944
We are trying
to convince the jury
431
00:17:12,988 --> 00:17:15,643
that you let a woman
escape federal custody
432
00:17:15,686 --> 00:17:18,254
because you believe
in the sanctity
433
00:17:18,298 --> 00:17:19,255
of the courtroom.
434
00:17:19,299 --> 00:17:21,562
Well, insultinga federal judge
435
00:17:21,605 --> 00:17:22,780
doesn't exactly demonstrate
436
00:17:22,824 --> 00:17:25,609
a belief in the sanctity
of the courtroom.
437
00:17:25,653 --> 00:17:27,611
You get that, right?
438
00:17:30,658 --> 00:17:32,747
This is me.
439
00:17:32,790 --> 00:17:34,749
[exhales]
440
00:17:34,792 --> 00:17:36,229
Okay.
441
00:17:36,272 --> 00:17:38,709
Tomorrow, let's trysomething different.
442
00:17:38,753 --> 00:17:40,363
You play the part
of the defendant,
443
00:17:40,407 --> 00:17:41,799
we'll play the part
of your legal team,
444
00:17:41,843 --> 00:17:44,063
and we'll let the judge
be the judge.
445
00:17:44,106 --> 00:17:45,803
What do you say?
446
00:17:45,847 --> 00:17:48,850
I'll certainly try my best.
447
00:17:50,591 --> 00:17:52,897
[car door opens]That would be appreciated.
448
00:17:52,941 --> 00:17:54,116
[door closes]
449
00:17:54,160 --> 00:17:55,422
OLSEN:
Agent Mercier,
450
00:17:55,465 --> 00:17:58,120
could you describe what
happened when you went
451
00:17:58,164 --> 00:17:59,948
into the defendant's
courtroom to effect
452
00:17:59,991 --> 00:18:02,081
a lawful arrest?MERCIER:
Well, the defendant
453
00:18:02,124 --> 00:18:04,692
came out of her chambers
and essentially admitted
454
00:18:04,735 --> 00:18:07,173
that she purposely aided
in the nurse's escape.
455
00:18:07,216 --> 00:18:08,870
Wow.
456
00:18:08,913 --> 00:18:11,307
And what were the
repercussions of that?Well,
457
00:18:11,351 --> 00:18:13,657
the most significant
was we lost our suspect.
458
00:18:13,701 --> 00:18:15,920
The nurse, Ms. Jansen.
459
00:18:15,964 --> 00:18:17,748
And do we have any idea
where she is right now?
460
00:18:17,792 --> 00:18:19,794
We're not certain, but we
believe she fled to Canada.
461
00:18:19,837 --> 00:18:23,841
And I assume the Bureau has
made attempts to locate her?
462
00:18:23,885 --> 00:18:25,452
Several.
463
00:18:25,495 --> 00:18:27,845
I have nothing further.
464
00:18:27,889 --> 00:18:29,934
How red is it?
465
00:18:29,978 --> 00:18:33,199
It is as red as red can be.
466
00:18:35,201 --> 00:18:37,116
BENNY:Agent Mercier,
467
00:18:37,159 --> 00:18:39,161
thank you
for testifying here today.
468
00:18:39,205 --> 00:18:40,858
Now...
469
00:18:40,902 --> 00:18:43,513
would it be fair to say
that you,
470
00:18:43,557 --> 00:18:45,863
a federal agent,
471
00:18:45,907 --> 00:18:47,517
entered my client's courtroom,
472
00:18:47,561 --> 00:18:49,519
a New York State courtroom,
473
00:18:49,563 --> 00:18:52,174
for the sole purpose
of arresting a witness?
474
00:18:52,218 --> 00:18:54,829
Yes. We've made no secret
about that fact.
475
00:18:54,872 --> 00:18:57,397
That's precisely what
we were there to do.
476
00:18:57,440 --> 00:18:59,747
And you don't thinkthere's anything amiss in that?
477
00:18:59,790 --> 00:19:02,184
Course not. As you well know,
478
00:19:02,228 --> 00:19:05,187
assisting in an act of suicide
is a federal crime.
479
00:19:05,231 --> 00:19:08,103
Once we heard that the nurse
was going to testify,
480
00:19:08,147 --> 00:19:10,410
once we realized that she was
probably going to confess
481
00:19:10,453 --> 00:19:13,064
on the stand,
we felt we had no choice
482
00:19:13,108 --> 00:19:15,850
but to be there
and take her into custody.Really?
483
00:19:15,893 --> 00:19:17,504
Agent Mercier, are you familiar
484
00:19:17,547 --> 00:19:20,507
with the Tenth Amendment
to the Constitution?
485
00:19:20,550 --> 00:19:22,335
"The powers
486
00:19:22,378 --> 00:19:24,250
"not delegated
to the United States
487
00:19:24,293 --> 00:19:25,729
"by the Constitution,
488
00:19:25,773 --> 00:19:28,384
"nor prohibited by it
to the States,
489
00:19:28,428 --> 00:19:31,866
"are reserved
to the States respectively,
490
00:19:31,909 --> 00:19:34,260
or to the people."
491
00:19:34,303 --> 00:19:36,305
You know what that means?
492
00:19:39,308 --> 00:19:43,660
Well, it means
that federal law enforcement
493
00:19:43,704 --> 00:19:47,229
are not allowed
to recklessly interfere
494
00:19:47,273 --> 00:19:49,666
with the functions
of state court.Objection.
495
00:19:49,710 --> 00:19:52,321
Agent Mercier isn't on trial.
496
00:19:52,365 --> 00:19:53,888
And it isn't Mr. Colón's job
497
00:19:53,931 --> 00:19:55,846
to lecture us
on the Constitution.
498
00:19:55,890 --> 00:19:58,545
I was getting to the question,
Your Honor.
499
00:19:58,588 --> 00:20:00,764
Then ask it, please.BENNY:Yes, sir.
500
00:20:02,157 --> 00:20:07,510
Now, you are a federal law
enforcement agent, sir.
501
00:20:07,554 --> 00:20:09,382
Sworn to uphold
the Constitution.
502
00:20:09,425 --> 00:20:11,819
Now, wouldn't you agree
that state court judges
503
00:20:11,862 --> 00:20:14,256
have a solemn duty
to protect witnesses
504
00:20:14,300 --> 00:20:16,215
and victims in their courtrooms?
505
00:20:16,258 --> 00:20:19,653
A duty guaranteed
by the Tenth Amendment?
506
00:20:19,696 --> 00:20:21,394
Well, I'm not
a constitutional scholar, sir,
507
00:20:21,437 --> 00:20:24,397
but yes,
that sounds about right.
508
00:20:24,440 --> 00:20:26,399
And would it surprise you
to know that the trial
509
00:20:26,442 --> 00:20:29,619
that you interrupted
was declared a mistrial
510
00:20:29,663 --> 00:20:31,926
and cost the taxpayers
a lot of money?
511
00:20:31,969 --> 00:20:33,536
No, I didn't know that.
512
00:20:33,580 --> 00:20:36,322
Sounds to me like you're the onewho violated the law
513
00:20:36,365 --> 00:20:38,585
and obstructed justice.
514
00:20:38,628 --> 00:20:41,414
Maybe you're the one who shouldbe sitting at the defense table,
515
00:20:41,457 --> 00:20:43,416
and Judge Duggan should be
the key witness against you.
516
00:20:43,459 --> 00:20:45,200
Not the other way around.
517
00:20:45,244 --> 00:20:46,332
No further questions,
Your Honor.
518
00:20:46,375 --> 00:20:47,855
[gallery murmuring]
519
00:20:49,813 --> 00:20:51,424
Thank you, Mr. Colón.
520
00:20:51,467 --> 00:20:52,947
Nice job, sir.
521
00:20:52,990 --> 00:20:55,166
[sighs]All part of the service.
522
00:20:55,210 --> 00:20:56,864
HOLLINGSWORTH:
Well, this seems good a place
523
00:20:56,907 --> 00:20:59,301
as any to stop for lunch, so...
524
00:20:59,345 --> 00:21:02,304
court will resume in an hour.
525
00:21:02,348 --> 00:21:04,350
All right.
526
00:21:10,181 --> 00:21:12,836
It's, uh, an updatedwitness list.
527
00:21:12,880 --> 00:21:14,621
Debra Jansen?
The nurse?
528
00:21:14,664 --> 00:21:16,057
They found her?
529
00:21:16,100 --> 00:21:19,452
I'm sensing this is not goodfor the home team.
530
00:21:19,495 --> 00:21:21,062
OLSEN:
Nurse Jansen,
531
00:21:21,105 --> 00:21:23,978
please tell us how you came
to be a fugitive from justice.
532
00:21:24,021 --> 00:21:26,807
Well, I was
in Judge Duggan's courtroom
533
00:21:26,850 --> 00:21:28,330
testifying,
534
00:21:28,374 --> 00:21:30,158
and I guessthese two FBI agents
535
00:21:30,201 --> 00:21:31,507
came in.
536
00:21:31,551 --> 00:21:34,075
I didn't really notice
at the time.
537
00:21:34,118 --> 00:21:35,946
But when I was done testifying,
538
00:21:35,990 --> 00:21:38,209
the judge had me come back
to her office.
539
00:21:38,253 --> 00:21:40,473
That's when she told me
she was pretty sure
540
00:21:40,516 --> 00:21:43,084
they were there to arrest me.
541
00:21:43,127 --> 00:21:46,174
Anyway, I asked the judge.
[exhales]
542
00:21:46,217 --> 00:21:47,741
I told her
I wanted to call a lawyer,
543
00:21:47,784 --> 00:21:48,742
get some help.
544
00:21:48,785 --> 00:21:50,004
And did you do that?
545
00:21:50,047 --> 00:21:52,006
The judge wouldn't let me.
546
00:21:52,049 --> 00:21:54,051
She said there was no time
for phone calls.
547
00:21:54,095 --> 00:21:57,185
So it was the defendant's idea
548
00:21:57,228 --> 00:21:59,666
for you to flee?
549
00:21:59,709 --> 00:22:01,015
Yes.
550
00:22:01,058 --> 00:22:04,018
She told me I should just run,
551
00:22:04,061 --> 00:22:05,367
as far as I could,
552
00:22:05,411 --> 00:22:07,369
as fast as I could.
553
00:22:07,413 --> 00:22:08,805
[gallery murmuring]
554
00:22:08,849 --> 00:22:10,372
That is not what happened.
555
00:22:10,416 --> 00:22:11,373
Lower your voice.
556
00:22:11,417 --> 00:22:12,374
OLSEN:So,
557
00:22:12,418 --> 00:22:13,723
that's what you did?
558
00:22:13,767 --> 00:22:15,377
She was the judge.
559
00:22:15,421 --> 00:22:17,814
I did what I was told.
560
00:22:17,858 --> 00:22:19,294
Grabbed my kids,
561
00:22:19,338 --> 00:22:22,515
jumped in my car
and drove to Quebec.
562
00:22:22,558 --> 00:22:24,125
Your witness.
563
00:22:27,737 --> 00:22:29,478
So, evading the law--
564
00:22:29,522 --> 00:22:32,568
that's something you
decided to do on your own.
565
00:22:32,612 --> 00:22:34,614
She told me to run,
566
00:22:34,657 --> 00:22:35,702
and I did.
567
00:22:35,745 --> 00:22:36,920
BENNY:"Run"?
568
00:22:36,964 --> 00:22:38,879
You sure that's
the word she used?
569
00:22:38,922 --> 00:22:40,663
I'm sure.Hmm.
570
00:22:40,707 --> 00:22:42,578
You sure she didn't say,
571
00:22:42,622 --> 00:22:45,233
"Go to someplace safe
and call a lawyer
572
00:22:45,276 --> 00:22:46,974
"and come up with a plan,
573
00:22:47,017 --> 00:22:50,151
"so that when federal agents do
eventually come and arrest you,
574
00:22:50,194 --> 00:22:52,327
you've got your ducks in a row"?
575
00:22:52,371 --> 00:22:54,242
She told me to run.
576
00:22:54,285 --> 00:22:55,461
All right.
577
00:22:55,504 --> 00:22:56,984
Let's review.
578
00:22:57,027 --> 00:23:01,423
So, you escaped prosecution
in the assisted suicide case
579
00:23:01,467 --> 00:23:03,382
by flipping on the doctor.
580
00:23:03,425 --> 00:23:04,731
Do I have that right?
581
00:23:04,774 --> 00:23:06,428
I was subpoenaed
to testify against him.
582
00:23:06,472 --> 00:23:07,864
So I did.
583
00:23:07,908 --> 00:23:10,389
And now you're trying
to curry favor with the Feds
584
00:23:10,432 --> 00:23:12,695
by turning on the one person
who was trying to help you.
585
00:23:12,739 --> 00:23:14,915
I'm just trying
to tell the truth.
586
00:23:14,958 --> 00:23:17,874
Oh, no. You are trying
to save yourself from prison.
587
00:23:17,918 --> 00:23:18,875
Objection.
588
00:23:18,919 --> 00:23:20,660
Sustained. Ask a question.
589
00:23:20,703 --> 00:23:23,706
You cut a deal with the Feds,
didn't you?
590
00:23:23,750 --> 00:23:26,405
I entered into a plea agreementwith the prosecutor.
591
00:23:26,448 --> 00:23:27,406
Right,
592
00:23:27,449 --> 00:23:28,407
right.
593
00:23:28,450 --> 00:23:29,625
And part of that agreement
594
00:23:29,669 --> 00:23:31,322
required for you to testify
595
00:23:31,366 --> 00:23:33,281
against the one person
who was looking out
596
00:23:33,324 --> 00:23:35,544
for you,
the one person
597
00:23:35,588 --> 00:23:37,546
who advised youto get a lawyer first
598
00:23:37,590 --> 00:23:39,026
and then surrenderto authorities,
599
00:23:39,069 --> 00:23:42,595
the one personwhose only intent in all this
600
00:23:42,638 --> 00:23:43,596
was to help you.
601
00:23:43,639 --> 00:23:44,727
I don't know
602
00:23:44,771 --> 00:23:46,033
what her intent was.
603
00:23:46,076 --> 00:23:47,817
But she sure seemed happy
604
00:23:47,861 --> 00:23:50,037
to be sticking it
to the FBI agents.
605
00:23:50,080 --> 00:23:51,168
Oh, come on.
606
00:23:51,212 --> 00:23:52,387
You don't know that.
607
00:23:52,431 --> 00:23:53,388
Sure, I do.
608
00:23:53,432 --> 00:23:54,824
When the A.D.A. left
609
00:23:54,868 --> 00:23:56,435
and I was alone
with Judge Duggan,
610
00:23:56,478 --> 00:23:58,524
she called the Feds "feebs."
611
00:23:58,567 --> 00:24:01,570
She said,"Those feebs,
612
00:24:01,614 --> 00:24:03,877
"they think they're God,
but they're not.
613
00:24:03,920 --> 00:24:07,097
In this courtroom, I'm God."
614
00:24:07,141 --> 00:24:09,143
[gallery murmuring]
615
00:24:09,186 --> 00:24:10,144
She's lying.
616
00:24:10,187 --> 00:24:11,493
I would never saysuch a thing.
617
00:24:11,537 --> 00:24:12,668
I believe you.
618
00:24:12,712 --> 00:24:15,410
Unfortunately, my
vote doesn't count.
619
00:24:21,198 --> 00:24:23,592
Judge Duggan, since
the start of this trial,
620
00:24:23,636 --> 00:24:26,508
people have been sitting in
the chair you're sitting in
621
00:24:26,552 --> 00:24:31,165
right now and they've painteda pretty damning picture of you.
622
00:24:31,208 --> 00:24:33,167
So here's my question.
623
00:24:33,210 --> 00:24:36,605
Is any of what
Nurse Jansen said true?
624
00:24:36,649 --> 00:24:38,955
Did you intentionally
obstruct justice?
625
00:24:38,999 --> 00:24:41,958
Were you flexing your
power and your muscle
626
00:24:42,002 --> 00:24:43,525
and sending a message?
627
00:24:43,569 --> 00:24:46,528
Or is Ms. Jansen simply lying?
628
00:24:46,572 --> 00:24:50,489
Well, whether or not someone islying is for the jury to decide.
629
00:24:50,532 --> 00:24:53,056
But I remember itquite differently.
630
00:24:53,100 --> 00:24:56,582
I admit I let Ms. Jansenleave out the back door.
631
00:24:56,625 --> 00:24:59,323
But I promise youit wasn't out of spite
632
00:24:59,367 --> 00:25:01,717
or because I havesome sort of god complex.
633
00:25:01,761 --> 00:25:05,547
Well, then help us
understand why you did it.
634
00:25:05,591 --> 00:25:09,899
I did it to protectthe integrity of the process.
635
00:25:09,943 --> 00:25:12,554
You have to understand--this is it for me.
636
00:25:12,598 --> 00:25:14,600
The law is my life.
637
00:25:14,643 --> 00:25:17,951
I eat, sleep and breathe it.
638
00:25:17,994 --> 00:25:19,300
I'm not married.
639
00:25:19,343 --> 00:25:20,519
I don't have any children.
640
00:25:20,562 --> 00:25:22,825
I don't even have any hobbies.
641
00:25:22,869 --> 00:25:25,262
The courtroom is my home.
642
00:25:25,306 --> 00:25:28,265
The people who pass through hereare my guests.
643
00:25:28,309 --> 00:25:31,355
And the people who work there
are my family.
644
00:25:31,399 --> 00:25:33,662
From the timeI was a child,
645
00:25:33,706 --> 00:25:35,577
all I ever wanted
to be was a judge.
646
00:25:35,621 --> 00:25:36,752
Other kids had
647
00:25:36,796 --> 00:25:40,103
astronauts or sports starsas their heroes.
648
00:25:40,147 --> 00:25:43,193
I had a big posterof Justice Thurgood Marshall
649
00:25:43,237 --> 00:25:44,847
above my bed.Mm.
650
00:25:44,891 --> 00:25:48,198
DUGGAN:
I believe in the
justice system.
651
00:25:48,242 --> 00:25:50,374
I revere it.
652
00:25:50,418 --> 00:25:53,116
But I also knowhow fragile it is.
653
00:25:53,160 --> 00:25:56,119
You tell people they havesomething to fear by testifying,
654
00:25:56,163 --> 00:25:58,687
they will stop testifying.
655
00:25:58,731 --> 00:26:01,647
And if that happens,
in my opinion,
656
00:26:01,690 --> 00:26:04,214
that is the end
of a civilized society.
657
00:26:04,258 --> 00:26:05,389
[gallery murmuring]
658
00:26:07,522 --> 00:26:09,872
Marissa, please tell me
this is making
659
00:26:09,916 --> 00:26:11,221
a difference.[beeping]
660
00:26:11,265 --> 00:26:14,398
Well, we just got
our first green.
661
00:26:14,442 --> 00:26:16,575
BENNY:So,
662
00:26:16,618 --> 00:26:18,185
just to be clear,
663
00:26:18,228 --> 00:26:20,840
why exactly did you allow
Nurse Jansen
664
00:26:20,883 --> 00:26:23,582
to leave via the back door
in the courthouse
665
00:26:23,625 --> 00:26:27,063
when you knew federal agents
were waiting in your courtroom
666
00:26:27,107 --> 00:26:28,064
to arrest her?
667
00:26:28,108 --> 00:26:29,631
So she could get an attorney.
668
00:26:29,675 --> 00:26:31,633
So she could have someoneon her side
669
00:26:31,677 --> 00:26:34,070
when she surrenderedto the authorities.
670
00:26:34,114 --> 00:26:37,160
She came into my courtroomthinking she was safe.
671
00:26:37,204 --> 00:26:41,034
She made a deal with the A.D.A.that she would testify
672
00:26:41,077 --> 00:26:44,428
in return for her promisethat she wouldn't be prosecuted.
673
00:26:44,472 --> 00:26:46,909
Unfortunately,the district attorney failed
674
00:26:46,953 --> 00:26:48,432
to run the deal by the Feds,
675
00:26:48,476 --> 00:26:50,739
so they feltthey were under no obligation
676
00:26:50,783 --> 00:26:53,089
to abide by it.
677
00:26:53,133 --> 00:26:54,221
BENNY:
And you felt
that was unfair?
678
00:26:54,264 --> 00:26:55,614
DUGGAN:
I felt the
state prosecutor
679
00:26:55,657 --> 00:26:58,007
put her and mein a terrible position.
680
00:26:58,051 --> 00:27:00,749
When she found out the Fedswere there to arrest her,
681
00:27:00,793 --> 00:27:02,272
she was crying.
682
00:27:02,316 --> 00:27:04,231
She was worriedabout her children.
683
00:27:04,274 --> 00:27:08,104
So you never instructed
her to flee the country?
684
00:27:08,148 --> 00:27:11,281
That would make mean accessory to a federal crime.
685
00:27:11,325 --> 00:27:14,415
I took an oathto uphold the law,
686
00:27:14,458 --> 00:27:15,721
not violate it.
687
00:27:15,764 --> 00:27:18,027
BENNY:
Thank you.
688
00:27:18,071 --> 00:27:20,160
That's all I have, Your Honor.
689
00:27:27,689 --> 00:27:31,650
So, let me be certain
that I understand.
690
00:27:31,693 --> 00:27:35,523
You just testified that you're
totally committed to the law,
691
00:27:35,566 --> 00:27:37,699
that your sole interest,
692
00:27:37,743 --> 00:27:39,266
your onlyinterest,
693
00:27:39,309 --> 00:27:41,660
is the pursuit of justice.
694
00:27:41,703 --> 00:27:42,791
Is that correct?
695
00:27:42,835 --> 00:27:44,663
Yes.So, in a sense,
696
00:27:44,706 --> 00:27:46,882
the work that you do--
697
00:27:46,926 --> 00:27:49,276
tweeting out your messages
about the court system,
698
00:27:49,319 --> 00:27:51,713
advising a witness in your
courtroom to seek counsel
699
00:27:51,757 --> 00:27:53,149
before she can be arrested--
700
00:27:53,193 --> 00:27:55,630
that's all... altruistic?
701
00:27:55,674 --> 00:27:57,937
I mean, there's nothingin it for you.
702
00:27:57,980 --> 00:28:00,853
Y-You're not seeking
notoriety or fame,
703
00:28:00,896 --> 00:28:02,332
are you?No.
704
00:28:02,376 --> 00:28:04,683
If fame or notorietyis a byproduct
705
00:28:04,726 --> 00:28:07,555
of getting people excitedabout the judicial system,
706
00:28:07,598 --> 00:28:08,730
then so be it.
707
00:28:08,774 --> 00:28:10,950
But, no, it is not my goal.
708
00:28:10,993 --> 00:28:13,866
You're just a
humble, honest...
709
00:28:13,909 --> 00:28:16,738
down-to-earth
state court judge.
710
00:28:16,782 --> 00:28:18,653
I like to think so. Yes.
711
00:28:18,697 --> 00:28:22,222
Well, thank you
for your honesty.
712
00:28:22,265 --> 00:28:24,093
Nothing further.
713
00:28:24,137 --> 00:28:25,312
[gallery murmuring]
714
00:28:28,532 --> 00:28:30,665
What in the world
was that about?
715
00:28:30,709 --> 00:28:32,580
Well, whatever it was,
it didn't work.
716
00:28:32,623 --> 00:28:34,843
It just keeps getting greener
and greener
717
00:28:34,887 --> 00:28:37,063
in here.
718
00:28:37,106 --> 00:28:38,368
Anything else from either side?
719
00:28:38,412 --> 00:28:40,719
Um, not at this time,
Your Honor.
720
00:28:40,762 --> 00:28:42,068
The defense rests.
721
00:28:42,111 --> 00:28:43,765
OLSEN:
Your Honor,
if the defense
722
00:28:43,809 --> 00:28:45,288
is done with their presentation,
723
00:28:45,332 --> 00:28:47,508
the government would like
to call a rebuttal witness.
724
00:28:47,551 --> 00:28:50,076
Of course you would.
725
00:28:50,119 --> 00:28:51,468
OLSEN:
Please tell us your name
and occupation.
726
00:28:51,512 --> 00:28:52,643
My name is Jake Monroe.
727
00:28:52,687 --> 00:28:53,862
I'm in the
entertainment business.
728
00:28:53,906 --> 00:28:56,909
Uh, artist representative.
729
00:28:56,952 --> 00:28:58,301
Talent agent.
730
00:28:58,345 --> 00:29:00,913
So you represent TV stars?
Actors and actresses?
731
00:29:00,956 --> 00:29:02,349
Well, the vast majority
of my business is
732
00:29:02,392 --> 00:29:04,786
in what's called nonfiction
television.
733
00:29:04,830 --> 00:29:07,702
Uh, reality television.I see.
734
00:29:07,746 --> 00:29:10,531
And are you familiar
with the defendant?
735
00:29:10,574 --> 00:29:12,925
MONROE: Uh, I am.She and I actually had
736
00:29:12,968 --> 00:29:14,840
a number of discussions
about the possibility
737
00:29:14,883 --> 00:29:16,624
of her getting into television.
738
00:29:16,667 --> 00:29:18,234
[gallery murmuring]
739
00:29:18,278 --> 00:29:20,019
Is this true?
You have an agent?
740
00:29:20,062 --> 00:29:21,324
How did we not know this?
741
00:29:21,368 --> 00:29:23,065
No. I've never had an agent.
742
00:29:23,109 --> 00:29:26,155
He invited me to lunch.Twice. That's it.
743
00:29:26,199 --> 00:29:28,244
OLSEN:I'm confused. Why would
744
00:29:28,288 --> 00:29:29,680
a state judge need
a talent agent?
745
00:29:29,724 --> 00:29:31,421
She was elected to office.
She has a job.
746
00:29:31,465 --> 00:29:35,686
Well, courtroom shows are
a very lucrative, uh, staple
747
00:29:35,730 --> 00:29:37,558
of daytime television.
748
00:29:37,601 --> 00:29:39,690
I read about Judge Duggan
in the papers,
749
00:29:39,734 --> 00:29:42,824
uh, started to followher Twitter account.
750
00:29:42,868 --> 00:29:44,260
And I've genuinely
come to believe
751
00:29:44,304 --> 00:29:46,088
that she could be
the next Judge Judy.
752
00:29:46,132 --> 00:29:47,916
Excuse me, Judge who?
753
00:29:47,960 --> 00:29:50,223
Judge Judy.
Very successful.
754
00:29:50,266 --> 00:29:52,486
But she's starting to age
out of the job.
755
00:29:52,529 --> 00:29:55,358
It's hard not to imagine that
someone like Judge Duggan,
756
00:29:55,402 --> 00:29:58,535
or someone like her,
is a potential successor.
757
00:29:58,579 --> 00:30:01,843
So you think she could be
a television judge?
758
00:30:01,887 --> 00:30:03,018
I do.
[chuckles]
759
00:30:03,062 --> 00:30:05,325
I mean, look at her.
She's beautiful,
760
00:30:05,368 --> 00:30:06,979
charismatic.
761
00:30:07,022 --> 00:30:10,243
She's positioned herself well.
She already has a following.
762
00:30:10,286 --> 00:30:12,593
You're talking about
all the-the tweeting,
763
00:30:12,636 --> 00:30:15,074
posting, social media.
764
00:30:15,117 --> 00:30:16,466
Objection, Your Honor.
765
00:30:16,510 --> 00:30:18,077
Counsel is leading the witness.
766
00:30:18,120 --> 00:30:20,079
Sustained.OLSEN: That's fine.
767
00:30:20,122 --> 00:30:21,994
I have nothing further,
Your Honor.
768
00:30:22,037 --> 00:30:24,039
[gallery murmuring]
769
00:30:25,475 --> 00:30:28,522
Did Taylor see anything
about this on social media?
770
00:30:28,565 --> 00:30:30,785
Taylor looked through everypost, tweet, blog and hashtag...
771
00:30:30,829 --> 00:30:32,352
With a fine-tooth comb,
and there's nothing
772
00:30:32,395 --> 00:30:34,963
about an agent,
nothing about television.
773
00:30:36,965 --> 00:30:38,706
Did you actually sign
any kind of agreement
774
00:30:38,749 --> 00:30:40,012
with this guy?No.
775
00:30:40,055 --> 00:30:41,448
Of course not.
776
00:30:41,491 --> 00:30:43,754
He told me he wanted
to make me a star.
777
00:30:43,798 --> 00:30:46,496
I laughed and picked his brain
about social media.
778
00:30:46,540 --> 00:30:47,976
Are you ready to
cross-examine, Counselor?
779
00:30:48,020 --> 00:30:49,935
Yes, I am, Your Honor.
780
00:30:51,197 --> 00:30:53,373
Mr. Monroe,
781
00:30:53,416 --> 00:30:54,678
yes or no question:
782
00:30:54,722 --> 00:30:56,898
did my client sign
a contract with you?
783
00:30:56,942 --> 00:30:58,857
Uh, on paper, no.
784
00:30:58,900 --> 00:31:00,510
But we had an understanding,
785
00:31:00,554 --> 00:31:02,251
which is a fairly typical way
of doing things
786
00:31:02,295 --> 00:31:03,426
in the entertainment business.
787
00:31:03,470 --> 00:31:05,689
And when the two of you
first met,
788
00:31:05,733 --> 00:31:07,039
who initiated the meeting?
789
00:31:07,082 --> 00:31:08,083
Did she call you,
790
00:31:08,127 --> 00:31:09,215
or did you call her?
791
00:31:09,258 --> 00:31:11,391
Uh, I initiated.
I called her.
792
00:31:11,434 --> 00:31:14,568
So this was all about
an idea you had.
793
00:31:14,611 --> 00:31:17,223
Point of fact, my client
never authorized you
794
00:31:17,266 --> 00:31:20,008
to seek any television
opportunities on her behalf.
795
00:31:20,052 --> 00:31:21,792
Isn't that true?
796
00:31:21,836 --> 00:31:23,272
No, I don't believe it is.
797
00:31:23,316 --> 00:31:25,753
Look, I do this for a living.
798
00:31:25,796 --> 00:31:27,711
Yes, she was playing
hard to get.
799
00:31:27,755 --> 00:31:30,932
She never actually said,
"Go do this for me."
800
00:31:30,976 --> 00:31:33,369
But we had lunch twice.
801
00:31:33,413 --> 00:31:35,067
And you don't come back
a second time
802
00:31:35,110 --> 00:31:37,373
unless you heard something
you liked the first time.
803
00:31:37,417 --> 00:31:40,115
[gallery murmuring]
804
00:31:40,159 --> 00:31:44,772
We have lost all
but one of our greens.
805
00:31:46,382 --> 00:31:48,123
[quietly]:
Come on, Benny.
806
00:31:48,167 --> 00:31:50,473
You admit...
807
00:31:50,517 --> 00:31:54,216
my client has no agreement
in place with you?
808
00:31:54,260 --> 00:31:56,305
Verbal or written.
Yes or no?
809
00:31:56,349 --> 00:31:59,178
No, we have no agreement.And the fact is,
810
00:31:59,221 --> 00:32:02,833
while you may be looking for atelevision opportunity for her,
811
00:32:02,877 --> 00:32:05,184
none of it is being done
at her behest-- true?
812
00:32:05,227 --> 00:32:07,142
True.
813
00:32:07,186 --> 00:32:09,623
Maybe she was saying
what she meant.
814
00:32:09,666 --> 00:32:12,408
Maybe she wasn't interested
in you... or TV.
815
00:32:12,452 --> 00:32:14,758
Objection.
Counsel is testifying.
816
00:32:14,802 --> 00:32:17,065
Ask a question.BENNY: Okay. All right.
817
00:32:17,109 --> 00:32:19,676
Here's a question.
818
00:32:19,720 --> 00:32:21,156
What's your motive here?
819
00:32:21,200 --> 00:32:24,203
This all about sour grapes?
820
00:32:24,246 --> 00:32:27,206
Because if you believe
in Judge Duggan,
821
00:32:27,249 --> 00:32:31,166
if you believe, like I do,
that her passion for the law,
822
00:32:31,210 --> 00:32:33,995
her sense of integrity,
her ability to communicate
823
00:32:34,039 --> 00:32:36,563
what makes our system
of justice so special
824
00:32:36,606 --> 00:32:39,000
is in fact what
makes her special,
825
00:32:39,044 --> 00:32:40,959
then what are you hoping
to accomplish
826
00:32:41,002 --> 00:32:44,092
by coming in here and casting
aspersions against her?
827
00:32:44,136 --> 00:32:46,268
You know, if this jury
finds her guilty,
828
00:32:46,312 --> 00:32:48,967
not only will shebe done as a judge,
829
00:32:49,010 --> 00:32:52,666
but you won't be able
to sell her to television.
830
00:32:52,709 --> 00:32:54,320
After all,
831
00:32:54,363 --> 00:32:56,800
who wants a judge
that's been found guilty
832
00:32:56,844 --> 00:32:58,802
of obstructing justice?
833
00:32:58,846 --> 00:33:01,109
Everybody.
834
00:33:01,153 --> 00:33:03,024
I mean, this woman ison the cusp
835
00:33:03,068 --> 00:33:05,157
of being a folk hero.
836
00:33:05,200 --> 00:33:08,421
She helped a regular citizenescape the clutches of the FBI.
837
00:33:08,464 --> 00:33:09,726
[chuckles]
838
00:33:09,770 --> 00:33:11,250
This is America.
839
00:33:11,293 --> 00:33:14,209
We look up to peoplewith a touch of badass in them.
840
00:33:14,253 --> 00:33:17,038
And, if I'm being
completely honest,
841
00:33:17,082 --> 00:33:19,258
she's an easier sell
if she loses this thing
842
00:33:19,301 --> 00:33:20,999
than if she wins.
843
00:33:21,042 --> 00:33:23,218
That's just the truth.
844
00:33:23,262 --> 00:33:24,828
[gallery murmuring]
845
00:33:24,872 --> 00:33:26,830
Tell me they
know better.
846
00:33:26,874 --> 00:33:28,745
Tell me they can see
through his cynicism.
847
00:33:28,789 --> 00:33:32,271
They know better. They can see
through his cynicism.
848
00:33:32,314 --> 00:33:34,621
HOLLINGSWORTH:
Mr. Colón,
849
00:33:34,664 --> 00:33:36,623
do you have anything else
for this witness?
850
00:33:36,666 --> 00:33:40,061
Nothing I can say in court,
Your Honor.
851
00:33:40,105 --> 00:33:42,629
[gavel bangs]
852
00:33:42,672 --> 00:33:44,587
Will the defendant please rise?
853
00:33:49,592 --> 00:33:51,203
Madam Foreperson,
have you reached a verdict?
854
00:33:51,246 --> 00:33:53,205
We have, Your Honor.
855
00:33:55,076 --> 00:33:56,947
We, the jury,
find the defendant guilty
856
00:33:56,991 --> 00:33:59,776
on all counts.OLSEN: Your Honor,
857
00:33:59,820 --> 00:34:01,561
the United States
moves for sentencing.
858
00:34:01,604 --> 00:34:03,389
Put sentencing over
to next week.
859
00:34:03,432 --> 00:34:06,696
Why? We're just
delaying the inevitable.Not necessarily.
860
00:34:06,740 --> 00:34:08,698
She's right.
It's over, Bull.
861
00:34:08,742 --> 00:34:10,352
I asked you to do something.
862
00:34:10,396 --> 00:34:11,832
Is the defense ready
for sentencing?
863
00:34:14,530 --> 00:34:16,184
No, Your Honor.
864
00:34:16,228 --> 00:34:19,579
We'd like a few daysso I can prepare my arguments,
865
00:34:19,622 --> 00:34:21,233
and my client can gether affairs in order.
866
00:34:28,370 --> 00:34:30,068
You can respect the process,
867
00:34:30,111 --> 00:34:32,592
and still not agreewith the outcome.
868
00:34:32,635 --> 00:34:33,897
And I don't.
869
00:34:36,117 --> 00:34:37,858
So here are my two cents.
870
00:34:37,901 --> 00:34:40,600
I think you're exactly
the kind of judge
871
00:34:40,643 --> 00:34:42,602
we need on the bench.
872
00:34:42,645 --> 00:34:45,387
I mean it.
873
00:34:45,431 --> 00:34:47,389
You're smart and fair.
874
00:34:47,433 --> 00:34:50,349
You treat everyone with respect.
875
00:34:50,392 --> 00:34:53,787
And you seem determined
to breathe life
876
00:34:53,830 --> 00:34:55,832
into an otherwise
stodgy institution.
877
00:34:55,876 --> 00:34:59,401
Not to mention you make people
actually want to be here.
878
00:34:59,445 --> 00:35:02,578
You have any idea
what a feat that is?
879
00:35:02,622 --> 00:35:04,276
So I'm not giving up.
880
00:35:04,885 --> 00:35:06,582
There's got to besome common ground.
881
00:35:06,626 --> 00:35:07,844
You're both judges.
882
00:35:07,888 --> 00:35:09,846
And you're both stubborn.
883
00:35:09,890 --> 00:35:11,805
You're both committedto your work.
884
00:35:11,848 --> 00:35:15,243
It doesn't matter.
He has it in for me.
885
00:35:15,287 --> 00:35:18,203
Let's not forget
he locked me up for contempt.
886
00:35:18,246 --> 00:35:19,639
Because you violated
his rules.
887
00:35:21,075 --> 00:35:22,859
That's right.
You spoke out of turn,
888
00:35:22,903 --> 00:35:25,253
and Judge Hollingsworth
did something about it.
889
00:35:25,297 --> 00:35:27,560
He exercised his
judicial discretion.
890
00:35:27,603 --> 00:35:29,127
And when you stop
and think about it,
891
00:35:29,170 --> 00:35:31,564
he believes injudicial sovereignty,
892
00:35:31,607 --> 00:35:33,392
which is kind ofanother way of saying
893
00:35:33,435 --> 00:35:37,352
he believes in the sanctity
of the courtroom.
894
00:35:37,396 --> 00:35:40,181
Does that remind you of anyone?
895
00:35:40,225 --> 00:35:42,749
Are both parties prepared
to make their arguments
896
00:35:42,792 --> 00:35:44,577
on sentencing?
897
00:35:44,620 --> 00:35:47,145
Actually, we'd like tocall a witness, Your Honor.
898
00:35:47,188 --> 00:35:48,537
We'd like to callJames Wheeler.
899
00:35:48,581 --> 00:35:50,713
Objection.
We haven't been given notice.
900
00:35:50,757 --> 00:35:52,280
This is the first
we've heard of this witness.
901
00:35:52,324 --> 00:35:54,108
BENNY:Well, as counsel well knows,
902
00:35:54,152 --> 00:35:58,156
the rules of discovery don't
apply in sentencing hearings.
903
00:35:58,199 --> 00:35:59,940
No notice is required.
904
00:35:59,983 --> 00:36:03,552
I agree.
Let's hear from Mr. Wheeler.
905
00:36:03,596 --> 00:36:05,119
I'm gonna get right to it,
Mr. Wheeler.
906
00:36:05,163 --> 00:36:06,729
You are no stranger
907
00:36:06,773 --> 00:36:09,602
to the criminal justice
system, are you?
908
00:36:09,645 --> 00:36:12,518
No, I'm sorry to say I'm not.
909
00:36:12,561 --> 00:36:15,085
You have been convicted
of a crime, haven't you?
910
00:36:15,129 --> 00:36:18,132
Yes. When I was a teenager,
911
00:36:18,176 --> 00:36:20,569
I-I was a member of a gang,
912
00:36:20,613 --> 00:36:24,225
and I...
wegot into trouble, yes.
913
00:36:24,269 --> 00:36:27,489
Five years ago,
did you rob a liquor store?
914
00:36:27,533 --> 00:36:29,404
I did.
915
00:36:29,448 --> 00:36:31,406
Four of us went in,
916
00:36:31,450 --> 00:36:33,408
and one of the guys had a gun.
917
00:36:33,452 --> 00:36:35,105
And you stood watch
while he demanded money.
918
00:36:35,149 --> 00:36:38,544
[scoffs]
Yes, I did.
919
00:36:38,587 --> 00:36:41,329
And were you prosecuted
for the robbery?
920
00:36:41,373 --> 00:36:43,505
We all were.
921
00:36:43,549 --> 00:36:46,813
And everyone got sent to prison,
922
00:36:46,856 --> 00:36:49,119
ex-except me.
923
00:36:49,163 --> 00:36:50,599
And why is that?Your Honor,
924
00:36:50,643 --> 00:36:51,905
we all know where
this is going.
925
00:36:51,948 --> 00:36:53,254
I'd like to hear
from the witness.
926
00:36:53,298 --> 00:36:54,516
Continue.
927
00:36:56,301 --> 00:36:57,519
I don't know.
928
00:36:57,563 --> 00:36:59,173
I think the judge saw
something in me,
929
00:36:59,217 --> 00:37:02,263
thought I-I could do something
with my life.
930
00:37:02,307 --> 00:37:05,223
Anyway, I got sentenced
to probation.
931
00:37:05,266 --> 00:37:06,659
And what's happened since then?
932
00:37:06,702 --> 00:37:09,966
Well, I finished my probation.
933
00:37:10,010 --> 00:37:12,447
Haven't gotten in trouble since.
934
00:37:12,491 --> 00:37:14,232
You finish high school?
935
00:37:14,275 --> 00:37:15,711
Got my GED,
936
00:37:15,755 --> 00:37:17,496
and now I'm in college,
937
00:37:17,539 --> 00:37:20,629
studying to be
a computer programmer.
938
00:37:20,673 --> 00:37:22,631
And I-I also help out
my little brother.
939
00:37:22,675 --> 00:37:24,894
He's graduating high school
next year.
940
00:37:24,938 --> 00:37:27,288
So...
941
00:37:27,332 --> 00:37:31,205
the judge saw
something special in you,
942
00:37:31,249 --> 00:37:32,989
gave you a break,and now
943
00:37:33,033 --> 00:37:36,384
you are a productive
member of society.
944
00:37:36,428 --> 00:37:40,170
I-I like to think so, yeah.
945
00:37:40,214 --> 00:37:44,697
Mr. Wheeler, could you please
look around the courtroom
946
00:37:44,740 --> 00:37:47,700
and identify that judge for us?
947
00:37:51,834 --> 00:37:54,533
Uh...
948
00:37:54,576 --> 00:37:56,230
he's sitting right here.
949
00:37:56,274 --> 00:37:58,014
[gallery murmuring]
950
00:37:58,058 --> 00:38:00,190
Judge Hollingsworth...
951
00:38:02,584 --> 00:38:03,846
Thank you.
952
00:38:03,890 --> 00:38:06,327
I-I know it's been a while.
953
00:38:06,371 --> 00:38:09,939
I guess you don'tremember me.
954
00:38:09,983 --> 00:38:11,419
But I remember you.
955
00:38:13,203 --> 00:38:15,510
And I'll never forget
what you did for me.
956
00:38:17,425 --> 00:38:20,123
Objection.
That is a touching story,
957
00:38:20,167 --> 00:38:22,125
but the witness has no relevance
958
00:38:22,169 --> 00:38:23,562
to the sentencing
of this defendant.
959
00:38:23,605 --> 00:38:26,260
BENNY:I'm sorry, I disagree.
960
00:38:26,304 --> 00:38:29,307
It's completely relevant,
Your Honor.
961
00:38:29,350 --> 00:38:32,048
You know, there's a striking
similarity between
962
00:38:32,092 --> 00:38:34,312
what you did for Mr. Wheeler
963
00:38:34,355 --> 00:38:37,227
and what Judge Duggan was
trying to do for Nurse Jansen.
964
00:38:37,271 --> 00:38:39,926
Now, Nurse Jansen was
965
00:38:39,969 --> 00:38:42,058
led to believe that
966
00:38:42,102 --> 00:38:46,324
what she was doing, testifying,was the right thing to do.
967
00:38:46,367 --> 00:38:49,109
Not a trap, but a solemn duty.
968
00:38:49,152 --> 00:38:51,372
And even though
it might not have
969
00:38:51,416 --> 00:38:53,592
hewed to the letter of the law,
970
00:38:53,635 --> 00:38:56,725
Judge Duggan could not allow herto be arrested
971
00:38:56,769 --> 00:38:59,554
without benefit of counsel.
972
00:38:59,598 --> 00:39:03,906
Hauled off in handcuffs
in front of jurors
973
00:39:03,950 --> 00:39:05,647
and members of
the general public
974
00:39:05,691 --> 00:39:06,822
sitting in the gallery.
975
00:39:06,866 --> 00:39:09,259
No.
976
00:39:09,303 --> 00:39:11,261
In her judicial wisdom,
977
00:39:11,305 --> 00:39:15,222
she realized there had to be
another way.
978
00:39:15,265 --> 00:39:17,442
One that didn't compromise
her courtroom,
979
00:39:17,485 --> 00:39:21,924
but also didn't shortchange
or undercut the authority
980
00:39:21,968 --> 00:39:24,840
of the federal agents charged
with bringing her in.
981
00:39:24,884 --> 00:39:27,277
Don't you see,
Judge Hollingsworth?
982
00:39:29,279 --> 00:39:31,934
You did the same thing
in Mr. Wheeler's case.
983
00:39:31,978 --> 00:39:34,807
You ignored the federal
sentencing guidelines,
984
00:39:34,850 --> 00:39:38,376
and instead, looked
to the purpose behind them.
985
00:39:38,419 --> 00:39:41,596
Which is to promote
public safety
986
00:39:41,640 --> 00:39:43,163
and the good of our society.
987
00:39:43,206 --> 00:39:47,123
I mean, isn't that one ofthe reasons why we have judges?
988
00:39:47,167 --> 00:39:50,649
To bring their human wisdom
and judgment to bear?
989
00:39:53,478 --> 00:39:54,653
Thank you, Mr. Colón.
990
00:39:56,872 --> 00:39:58,221
Mr. Olsen,
991
00:39:58,265 --> 00:39:59,962
do you have any evidence
to present on sentencing?
992
00:40:00,006 --> 00:40:04,053
No, Your Honor.
993
00:40:04,097 --> 00:40:06,839
I would simply ask that
you sentence the defendant
994
00:40:06,882 --> 00:40:08,188
to serve 48 months
995
00:40:08,231 --> 00:40:10,495
in prison.HOLLINGSWORTH: Mr. Colón,
996
00:40:10,538 --> 00:40:12,322
I'll hear your recommendation.
997
00:40:12,366 --> 00:40:15,456
Actually, Your Honor, I'm not
making any recommendations.
998
00:40:15,500 --> 00:40:18,503
I'm asking you to exercise
your sovereignty
999
00:40:18,546 --> 00:40:20,200
and discretion one more time.
1000
00:40:20,243 --> 00:40:22,332
You have the power
1001
00:40:22,376 --> 00:40:24,160
to right this wrong.
1002
00:40:24,204 --> 00:40:26,467
You can issue a judgment
of acquittal.
1003
00:40:26,511 --> 00:40:29,470
You want me to set aside
the jury's verdict
1004
00:40:29,514 --> 00:40:31,646
and enter a finding
of not guilty?
1005
00:40:31,690 --> 00:40:33,474
I do.
1006
00:40:33,518 --> 00:40:36,216
It's highly unusual.
1007
00:40:36,259 --> 00:40:38,827
Unusual, but not unwarranted.
1008
00:40:38,871 --> 00:40:42,788
Judge Duggan is a principledjurist, and so are you.
1009
00:40:42,831 --> 00:40:45,486
No legitimate purpose
1010
00:40:45,530 --> 00:40:48,184
will be served by
branding her a felon
1011
00:40:48,228 --> 00:40:50,448
and sending her to prison.
1012
00:41:02,895 --> 00:41:05,724
Judge Duggan, please rise.
1013
00:41:09,423 --> 00:41:11,730
I've made my ruling.
1014
00:41:13,775 --> 00:41:16,648
I don't condone what you did,
1015
00:41:16,691 --> 00:41:20,086
but I respect your reasoning.
1016
00:41:22,044 --> 00:41:24,656
And I'm-I'm going to adopt
Mr. Colón's request
1017
00:41:24,699 --> 00:41:27,267
and issue a judgment
for acquittal.
1018
00:41:28,921 --> 00:41:30,096
Your Honor...
1019
00:41:30,139 --> 00:41:31,489
Do not speak, Mr. Olsen,
1020
00:41:31,532 --> 00:41:33,839
or I will hold you in contempt.
1021
00:41:33,882 --> 00:41:35,884
I hereby
1022
00:41:35,928 --> 00:41:37,886
set aside the jury's verdict,
1023
00:41:37,930 --> 00:41:40,759
and I find you not guilty.
1024
00:41:40,802 --> 00:41:43,065
[gavel bangs]Court is in recess.
1025
00:41:50,812 --> 00:41:52,466
Hey.
1026
00:41:52,510 --> 00:41:56,470
Ah.Look at her.
1027
00:41:56,514 --> 00:41:58,167
She looks like a kid
who just found out
1028
00:41:58,211 --> 00:42:00,082
she doesn't have to change
schools, clean out her locker
1029
00:42:00,126 --> 00:42:03,564
and leave her friendsafter all.Mm.
1030
00:42:03,608 --> 00:42:05,174
Of course, it'snot quite over.
1031
00:42:05,218 --> 00:42:08,090
She's still got to go before theCommittee on Judicial Conduct.
1032
00:42:08,134 --> 00:42:11,267
I'm gonna see if they'lllet me testify on her behalf.
1033
00:42:13,226 --> 00:42:14,575
You were right
about her, Bull.
1034
00:42:14,619 --> 00:42:17,665
You were right about all of it.[laughs]: Yeah.
1035
00:42:17,709 --> 00:42:18,971
Well, what can I say?
1036
00:42:19,014 --> 00:42:23,192
She loves court,trials and juries.
1037
00:42:23,236 --> 00:42:25,194
Guess it takes oneto know one.
1038
00:42:25,238 --> 00:42:27,022
Want to get out of here?
1039
00:42:27,066 --> 00:42:28,850
Lead the way, sir.
75483
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