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Previously,on The Practice...
Remember,Miss Mayfield is charged
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00:00:04,638 --> 00:00:06,306
with shaking to deathan 11-month-old child
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that was entrustedto her care.
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I think
she's innocent.
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00:00:09,510 --> 00:00:11,344
I found a pattern
of denial with her.
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00:00:11,377 --> 00:00:14,047
When she's pushed,
she retreats into God
and her religion.
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But I don't think
she was lying.
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The psychiatrist thinks
you could be in denial.
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What?
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He makes room
for the possibility
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that you don't even
have a memory of it.
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That's why you passed
the polygraph.
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You know the father
of the victim.
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He's in
the congregation.
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Do you think
he could have done this?
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Don't you think we'd
like it to be the father?
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History of abuse.
Tendency towards violence.
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But the doctors tell us
the death was immediate.
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Evelyn Mayfield was
the only one there.
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I'll give you manslaughter.
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I didn't kill him,
and I will not say
that I did do it
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just to get
less jail time.
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Then we go to trial.
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Boyfriend lives alone.
Brother... big house.
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00:00:51,217 --> 00:00:52,285
Why not Plan-B them?
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00:00:52,318 --> 00:00:53,754
It might be worth a try.
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00:00:53,787 --> 00:00:54,855
Give them
a soft Plan B.
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00:00:54,888 --> 00:00:56,657
Plan B-- soft. For both.
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Did you murder your sister
and frame George Vogelman?
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-What?!
-Objection!
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Did you follow her to the bar,
then go to the motel?
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That's sick!
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I represent Steve Robin
and his dad.
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BOBBY: Steve Robin?
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00:01:06,032 --> 00:01:07,868
Brother of the victim
in your Vogelman trial.
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00:01:07,901 --> 00:01:09,703
Eugene accused him
of being the killer.
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We're suing you.
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I can paint
a pretty disgusting
picture of you guys
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in front of a jury.
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Team Plan B.
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You take us to court
and I promise you
we will be screaming
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"he is the killer"
all over again.
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Okay, I've consulted
three lawyers,
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all three say settle.
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-I want to fight.
-So do I.
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Okay, Jimmy,
you'll first chair.
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What?!
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Look, no offense, Jimmy,
but shouldn't you
be doing it?
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I mean, he's good...
You're great,
but we need our--
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Best.
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♪ You'd better watch out ♪
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♪ Better not cry ♪
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♪ Cry-y baby ♪
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♪ Telling you why ♪
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♪ Santa Claus is coming... ♪
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(door opening)
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♪ Santa Clausis coming to town ♪
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♪ He's making a list,checking it twice ♪
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♪ He's gonna find out... ♪
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What's this?
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Oh.
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(music stops)
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It's Christmas.
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Surely
you've heard of it.
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Uh...
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Well, it's... it's the first
week of December.
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The people
who don't like Christmas
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are the people
who get behind
in their shopping.
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00:02:14,000 --> 00:02:15,101
And the reason
they get behind
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00:02:15,135 --> 00:02:17,437
is because
it sneaks up on them.
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It's not sneaking up
in this office,
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not under my watch.
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What's that on your head?
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Oh! It's mistletoe.
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My friend Elaine
invented this thingy.
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It's cute, huh?
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00:02:28,849 --> 00:02:30,316
Yeah.
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00:02:30,350 --> 00:02:33,053
It's 11:00.
Why are you here?
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Uh...couldn't sleep.
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00:02:35,689 --> 00:02:36,523
Mayfield trial?
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Might as well work
if I'm awake.
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Ahh, you think
you have any chance?
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00:02:40,961 --> 00:02:43,229
I mean, the baby
died in her hands--
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00:02:43,263 --> 00:02:44,531
Why are you so convinced
she's guilty?
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00:02:44,565 --> 00:02:46,466
She just gives me
the eebie-jeebies.
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00:02:46,499 --> 00:02:48,001
You really think
she's innocent?
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00:02:48,034 --> 00:02:49,469
Yeah.
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00:02:49,503 --> 00:02:52,506
Remember, she did pass
the lie detector.
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00:02:53,206 --> 00:02:55,509
Well, pleadings
are all packed.
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00:02:55,542 --> 00:02:57,744
Anything else you need?
I'm about to go.
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I'm all set. Thanks.
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00:02:59,379 --> 00:03:01,782
And thanks for, um...
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decorating the place.
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It looks great.
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00:03:04,551 --> 00:03:07,888
Well, Christmas
should be Christmas.
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00:03:07,921 --> 00:03:10,223
Merry Christmas.
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00:03:15,562 --> 00:03:17,463
Christmas
should be Christmas,
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and a kiss
should be a kiss.
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00:03:20,133 --> 00:03:23,136
Good mistletoe.
Night.
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♪ Santa Clausis coming to town... ♪
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(theme music plays)
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(telephone rings)
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(cell door closes, locks)
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(sirens blare)
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00:04:17,223 --> 00:04:18,391
-How can you not move
for summary judgment?
-'Cause it won't fly,
and if we--
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00:04:18,424 --> 00:04:19,993
Still, you got to try
with the stakes so high.
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00:04:20,026 --> 00:04:22,663
It would be the same
as our motion to dismiss,
Eugene.
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00:04:22,696 --> 00:04:24,631
The judge said this thing
would turn on the facts.
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00:04:24,665 --> 00:04:26,299
Well, what about
preserving appeal?
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00:04:26,332 --> 00:04:27,834
If this were gonna
turn on law,
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00:04:27,868 --> 00:04:28,635
he would have kicked it.
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00:04:28,669 --> 00:04:30,303
If we push
for summary judgment,
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00:04:30,336 --> 00:04:31,805
it's gonna look
like foot dragging.
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00:04:31,838 --> 00:04:35,041
Judge Papp holds grudges.
He lets the jury see them.
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We do not want
an unfriendly judge
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in this trial.
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Let's calm down.
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Nobody's talking
Christmas-y.
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00:04:44,084 --> 00:04:45,986
Every time we break,
every recess,
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00:04:46,019 --> 00:04:47,387
I want you to go to her.
Embrace.
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00:04:47,420 --> 00:04:48,922
I want the jury reminded
every chance we get
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that you believe in her.
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00:04:50,356 --> 00:04:51,725
LLOYD: Absolutely.
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You doing okay?
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00:04:54,160 --> 00:04:55,862
Believe it or not, I am.
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00:04:55,896 --> 00:04:57,731
I'm in God's hands now--
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00:04:57,764 --> 00:04:59,666
BOBBY: Evelyn.
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00:05:01,101 --> 00:05:02,468
I know.
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00:05:02,503 --> 00:05:05,438
All I'm saying is you're not
in God's hands on this,
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00:05:05,471 --> 00:05:06,773
you're in the jury's.
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00:05:06,807 --> 00:05:09,342
And I don't want you
to come across as a zealot.
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00:05:09,375 --> 00:05:11,177
I get it, Bobby.
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Good.
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00:05:12,245 --> 00:05:13,346
Okay, let's go.
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00:05:13,379 --> 00:05:15,081
We got a cab waiting
downstairs. It's cold.
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00:05:18,318 --> 00:05:20,020
-Good luck.
-Thanks.
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00:05:20,053 --> 00:05:21,087
Bobby.
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00:05:21,121 --> 00:05:22,222
I know you think Jimmy
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00:05:22,255 --> 00:05:23,423
matches up best
against Silva, but--
140
00:05:23,456 --> 00:05:25,425
-I heard that.
-What?
141
00:05:25,458 --> 00:05:27,327
Whatever you were saying
behind my back.
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00:05:27,360 --> 00:05:28,461
Listen,
I got to get to court.
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00:05:28,494 --> 00:05:30,831
We'll talk about this later.
144
00:05:30,864 --> 00:05:32,566
You--you think
I can't do this, Eugene?
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00:05:32,599 --> 00:05:34,234
I know
you can do it.
146
00:05:34,267 --> 00:05:37,904
Bobby. Bobby!
Two things.
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00:05:37,938 --> 00:05:39,272
One--good luck.
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00:05:39,305 --> 00:05:42,042
Two--I'm sorry
if I embarrassed you,
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00:05:42,075 --> 00:05:43,076
I didn't mean to.
150
00:05:43,109 --> 00:05:46,613
But it was
an awesome kiss.
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00:05:46,647 --> 00:05:48,782
Not that
I have any designs,
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00:05:48,815 --> 00:05:50,316
but if your
lousy personal life
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00:05:50,350 --> 00:05:52,185
comes from
any insecurity,
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00:05:52,218 --> 00:05:53,353
you should know
155
00:05:53,386 --> 00:05:55,989
that 90% of women are
looking for a cute guy
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00:05:56,022 --> 00:05:58,191
with a steady job
who can kiss.
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00:05:58,224 --> 00:05:59,926
You're 3 for 3.
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00:06:01,161 --> 00:06:03,664
Trial. Don't be late.
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00:06:09,703 --> 00:06:11,037
Michael.
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00:06:12,973 --> 00:06:14,240
And you.
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00:06:14,274 --> 00:06:16,242
They suspended him
from school.
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00:06:16,276 --> 00:06:17,243
For what?
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00:06:17,277 --> 00:06:18,779
For passing a few notes.
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00:06:18,812 --> 00:06:20,847
It's the most ridiculous
thing I ever heard of,
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00:06:20,881 --> 00:06:22,883
and I want
to take them to court.
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00:06:22,916 --> 00:06:23,684
In here.
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00:06:23,717 --> 00:06:25,318
And don't you be
swattin' him.
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00:06:25,351 --> 00:06:26,620
I'm not going
to swat him.
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00:06:26,653 --> 00:06:28,221
You just keep
the blinds open,
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00:06:28,254 --> 00:06:29,222
because I don't trust you.
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00:06:29,255 --> 00:06:30,323
You didn't
have to come here.
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00:06:30,356 --> 00:06:31,491
You can go to any
lawyer you please.
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I came here for some
civilized lawyering--
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...If I swat anybody...
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00:06:35,295 --> 00:06:37,631
In here, Michael.
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You can come.
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00:06:44,004 --> 00:06:45,839
Sexual harassment?
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00:06:45,872 --> 00:06:49,242
Yes. A few notes
in the back of the classroom,
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00:06:49,275 --> 00:06:50,544
and they bounce him.
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00:06:50,577 --> 00:06:52,145
Well,
what was in these notes?
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00:06:52,178 --> 00:06:53,914
Not much. Just--
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00:06:53,947 --> 00:06:56,583
He's got a crush
on this girl, Kitty Nelson.
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00:06:56,617 --> 00:06:58,585
You know, she finds
one of these notes,
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00:06:58,619 --> 00:07:00,587
she takes it home
to her mental mother,
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00:07:00,621 --> 00:07:02,388
her mother makes a complaint,
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00:07:02,422 --> 00:07:03,924
and they bounce him.
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00:07:03,957 --> 00:07:05,792
What was in the notes?
188
00:07:05,826 --> 00:07:06,993
Just stuff.
189
00:07:07,027 --> 00:07:08,929
What "just stuff"?
190
00:07:08,962 --> 00:07:13,066
You know,
"nice ass" and stuff.
Nothing bad.
191
00:07:16,369 --> 00:07:18,605
The autopsy was conclusive.
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00:07:18,639 --> 00:07:21,241
Yes. It showed
Kevin Barlow died
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00:07:21,274 --> 00:07:24,711
from injuries
consistent with
Shaken Baby Syndrome.
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00:07:24,745 --> 00:07:27,614
Doctor, is it possible
that these injuries
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00:07:27,648 --> 00:07:30,183
could have been
caused by an accident?
196
00:07:30,216 --> 00:07:32,152
No. There was
extreme hemorrhaging
197
00:07:32,185 --> 00:07:34,721
in the bilateral
anterior chamber,
198
00:07:34,755 --> 00:07:37,223
and also
retinal hemorrhaging.
199
00:07:37,257 --> 00:07:39,025
GAMBLE: Which means?
200
00:07:39,059 --> 00:07:40,426
It was not an accident.
201
00:07:40,460 --> 00:07:42,996
The degree of force
had to be severe.
202
00:07:43,029 --> 00:07:45,566
What about some other
medical condition?
203
00:07:45,599 --> 00:07:47,267
Well, nothing in his
prior medical records
204
00:07:47,300 --> 00:07:48,434
or my examination
205
00:07:48,468 --> 00:07:50,804
revealed any other cause
for these symptoms.
206
00:07:50,837 --> 00:07:54,641
Is it possible to tell
when the shaking occurred?
207
00:07:54,675 --> 00:07:56,877
Well, based on the acute
conditions present,
208
00:07:56,910 --> 00:08:00,714
Kevin's death
would have been
almost immediate.
209
00:08:02,516 --> 00:08:03,750
Now you found a contusion
210
00:08:03,784 --> 00:08:06,019
on Kevin Barlow's forehead,
didn't you?
211
00:08:06,052 --> 00:08:07,120
Yes, but that--
212
00:08:07,153 --> 00:08:08,889
Which was
about 10 days old.
213
00:08:08,922 --> 00:08:11,391
That injury was not
life-threatening,
214
00:08:11,424 --> 00:08:13,527
and was, in fact,
healing when he died.
215
00:08:13,560 --> 00:08:15,762
Isn't it true
that a prior head injury
216
00:08:15,796 --> 00:08:17,998
could begin to bleed
spontaneously in the brain?
217
00:08:18,031 --> 00:08:20,501
Yes, but in this case,
that wouldn't explain
218
00:08:20,534 --> 00:08:22,402
the extent
of the injuries.
219
00:08:22,435 --> 00:08:23,704
Well, isn't it also possible
220
00:08:23,737 --> 00:08:25,338
that something could have
happened to Kevin
221
00:08:25,371 --> 00:08:26,773
just prior
to being dropped off
222
00:08:26,807 --> 00:08:28,008
at Evelyn Mayfield's house?
223
00:08:28,041 --> 00:08:30,176
The likelihood of that
is so negligible that--
224
00:08:30,210 --> 00:08:31,978
Is it possible?
225
00:08:32,012 --> 00:08:34,981
I suppose anything
is possible, but, uh--
226
00:08:35,015 --> 00:08:36,082
Thank you, Doctor.
227
00:08:36,116 --> 00:08:38,218
You answered the question.
228
00:08:40,020 --> 00:08:41,287
How possible?
229
00:08:41,321 --> 00:08:42,656
Minuscule.
230
00:08:42,689 --> 00:08:45,291
The symptoms here
suggest
231
00:08:45,325 --> 00:08:46,459
an immediate death,
232
00:08:46,492 --> 00:08:48,294
not one that occurred
hours later.
233
00:08:48,328 --> 00:08:49,630
Thank you.
234
00:08:49,663 --> 00:08:52,533
But your findings don't
conclusively exclude
235
00:08:52,566 --> 00:08:53,934
the boy dying hours later.
236
00:08:53,967 --> 00:08:57,571
We can't positively
exclude it, no.
237
00:08:57,604 --> 00:08:59,706
Thank you, Doctor.
238
00:09:06,880 --> 00:09:08,582
We have been sitting here
over an hour, Rebecca.
You haven't
given me anything.
239
00:09:08,615 --> 00:09:11,652
I said that I will talk
to the principal.
240
00:09:11,685 --> 00:09:12,853
But I have to tell you,
241
00:09:12,886 --> 00:09:14,688
schools are big on sexual
harassment policies--
242
00:09:14,721 --> 00:09:16,657
"Big" because
all these rat lawyers
243
00:09:16,690 --> 00:09:18,759
got them running scared
of getting sued.
244
00:09:18,792 --> 00:09:21,461
It is a big
cover-your-ass disgrace.
245
00:09:21,494 --> 00:09:24,064
Yes, I'll stick
that argument in a footnote
246
00:09:24,097 --> 00:09:25,331
and not lead with it,
247
00:09:25,365 --> 00:09:28,134
but that does give me an idea
as to how the word "ass"
248
00:09:28,168 --> 00:09:29,603
slipped into his vocabulary.
249
00:09:29,636 --> 00:09:31,371
You be the lawyer,
all right?
250
00:09:31,404 --> 00:09:32,438
Not the mother.
251
00:09:32,472 --> 00:09:34,007
Why are you two
always fighting?
252
00:09:34,040 --> 00:09:35,475
I am not fighting.
253
00:09:35,509 --> 00:09:36,476
You watch you mouth,
all right, Michael?
254
00:09:36,510 --> 00:09:38,311
You talk
with some respect.
255
00:09:38,344 --> 00:09:39,980
Plus which,
she might hit you.
256
00:09:40,013 --> 00:09:41,047
Hey!
257
00:09:41,081 --> 00:09:42,348
One more word like that,
258
00:09:42,382 --> 00:09:44,184
and you can get yourself
another rat.
259
00:09:44,217 --> 00:09:45,886
Are we clear?
260
00:09:50,791 --> 00:09:52,926
We're not all
ophthalmologists, Doctor.
261
00:09:52,959 --> 00:09:54,995
Would you explain
retinal hemorrhaging?
262
00:09:55,028 --> 00:09:57,631
That's when
blood vessels
leak into the eye.
263
00:09:57,664 --> 00:10:00,033
But here,
there were also
retinal folds,
264
00:10:00,066 --> 00:10:02,703
where the retinas were
essentially folded over,
265
00:10:02,736 --> 00:10:04,771
almost like
contact lenses.
266
00:10:04,805 --> 00:10:06,039
These are
both indicators
267
00:10:06,072 --> 00:10:08,308
that a child has been
forcefully shaken.
268
00:10:08,341 --> 00:10:11,912
Now, would an individual
suffering from retinal folds
269
00:10:11,945 --> 00:10:15,381
be able to focus their eyes
or respond to visual cues?
270
00:10:15,415 --> 00:10:17,383
Absolutely not.
271
00:10:17,417 --> 00:10:19,319
So, then I asked
Evelyn Mayfield
272
00:10:19,352 --> 00:10:22,355
if the baby's eyes
were tracking
when he came to her.
273
00:10:22,388 --> 00:10:23,524
She said yes.
274
00:10:23,557 --> 00:10:24,858
Which means what?
275
00:10:24,891 --> 00:10:26,292
Which means
either she was lying,
276
00:10:26,326 --> 00:10:27,460
or she killed him.
277
00:10:27,493 --> 00:10:28,494
-Objection!
-Objection!
278
00:10:28,529 --> 00:10:30,931
-Sustained.
-You didn't believe her?
279
00:10:30,964 --> 00:10:32,365
If the baby
had been shaken
280
00:10:32,398 --> 00:10:33,634
before he came
to her house,
281
00:10:33,667 --> 00:10:34,635
according
to the doctors,
282
00:10:34,668 --> 00:10:35,836
it would
have been impossible
283
00:10:35,869 --> 00:10:37,738
for him to track with
his eyes like she said.
284
00:10:37,771 --> 00:10:40,106
If she really did
see them track,
285
00:10:40,140 --> 00:10:42,175
he was shaken
after he got there.
286
00:10:43,209 --> 00:10:44,811
Detective,
287
00:10:44,845 --> 00:10:46,212
when you use
the word "tracking,"
288
00:10:46,246 --> 00:10:47,213
what do you mean?
289
00:10:47,247 --> 00:10:48,181
It means whether or not
290
00:10:48,214 --> 00:10:50,684
someone's eyes could
follow a visual cue,
291
00:10:50,717 --> 00:10:52,052
-moving back and forth.
-I see.
292
00:10:52,085 --> 00:10:53,687
Did you explain tracking
to Evelyn Mayfield
293
00:10:53,720 --> 00:10:54,788
when you questioned her?
294
00:10:54,821 --> 00:10:56,289
Did I explain it?
295
00:10:56,322 --> 00:10:58,491
Yes,
did you explain the term?
296
00:10:58,525 --> 00:11:00,561
I don't think I did, no.
297
00:11:00,594 --> 00:11:01,862
In fact, you didn't know
298
00:11:01,895 --> 00:11:03,764
if Evelyn was even
familiar with that term
299
00:11:03,797 --> 00:11:05,031
at the time you
questioned her, did you?
300
00:11:05,065 --> 00:11:06,733
In her statement,
301
00:11:06,767 --> 00:11:08,401
she said the baby's eyes
were tracking.
302
00:11:08,434 --> 00:11:09,435
She said it.
303
00:11:09,469 --> 00:11:10,971
I assumed she understood
the meaning.
304
00:11:11,004 --> 00:11:13,373
Yes, she used
the word tracking.
305
00:11:13,406 --> 00:11:14,775
But that
doesn't mean she meant
306
00:11:14,808 --> 00:11:16,710
"responsive to visual cues."
307
00:11:16,743 --> 00:11:18,912
-Then what did she mean?
-We don't know, do we?
308
00:11:18,945 --> 00:11:20,781
Maybe just that
they were open.
309
00:11:20,814 --> 00:11:21,982
Move to strike.
310
00:11:22,015 --> 00:11:25,318
She's testifying.
She's testifying!
311
00:11:26,019 --> 00:11:28,254
"She's testifying!
She's testifying!"
312
00:11:28,288 --> 00:11:30,423
Auntie Em, come back!
313
00:11:30,456 --> 00:11:33,326
You sound like the
Wicked Witch of the West
when you object.
314
00:11:33,359 --> 00:11:36,062
Oh... you're Glinda.
315
00:11:36,096 --> 00:11:39,065
"Did she understand
tracking?"
316
00:11:39,099 --> 00:11:40,801
Oh, yeah?
317
00:11:45,371 --> 00:11:46,573
Aah! Stop it.
318
00:11:46,607 --> 00:11:47,941
No.
319
00:11:47,974 --> 00:11:50,443
Stop it, stop it, stop it,
stop it, stop it! Okay.
320
00:11:50,476 --> 00:11:51,444
Put down the can.
321
00:11:51,477 --> 00:11:53,346
Put down the can.
Put--put it down!
322
00:11:53,379 --> 00:11:54,948
Okay.
323
00:11:54,981 --> 00:11:57,884
You never should have
put the can down!
324
00:11:57,918 --> 00:11:59,419
Aah!
325
00:12:00,186 --> 00:12:02,956
Stop it, stop it!
326
00:12:06,192 --> 00:12:07,293
Hey.
327
00:12:07,327 --> 00:12:10,430
Bobby!
Mmm, that's good.
328
00:12:10,463 --> 00:12:12,265
What is going on?
329
00:12:12,298 --> 00:12:13,266
What?
330
00:12:13,299 --> 00:12:14,467
We do this every night.
331
00:12:14,500 --> 00:12:15,468
What are you
doing here?
332
00:12:15,502 --> 00:12:17,203
Well, you weren't
picking up.
333
00:12:17,237 --> 00:12:19,239
I need to talk to you
about something.
334
00:12:19,272 --> 00:12:22,242
Is it dessert?
'Cause we're ready.
335
00:12:22,275 --> 00:12:23,777
In my room.
336
00:12:29,349 --> 00:12:30,651
What's the matter?
337
00:12:30,684 --> 00:12:33,587
The kid's father.
He goes up tomorrow.
338
00:12:33,620 --> 00:12:35,021
Yeah, so?
339
00:12:35,055 --> 00:12:37,490
How important
do you think it is
that we go after him?
340
00:12:37,524 --> 00:12:39,860
Like maybe
he killed his son.
341
00:12:40,894 --> 00:12:44,130
How important? Hello?
That's our whole theory.
342
00:12:44,164 --> 00:12:46,867
Lindsay,
next week we go on trial
343
00:12:46,900 --> 00:12:49,035
for accusing the Robin kid
of killing his sister.
344
00:12:49,069 --> 00:12:51,538
Now if we Plan-B
the father tomorrow
on this case,
345
00:12:51,572 --> 00:12:55,075
guaranteed,
Tommy Silva will be making
a big meal out of it.
346
00:12:55,108 --> 00:12:57,043
Think of how it will look.
347
00:12:57,077 --> 00:12:58,745
We screamed that a brother
killed his sister.
348
00:12:58,779 --> 00:13:00,681
Now a father
killed his son?
349
00:13:00,714 --> 00:13:02,048
They're two
different cases.
350
00:13:02,082 --> 00:13:03,149
Even so...
351
00:13:03,183 --> 00:13:04,851
Look, we can't get out
of Evelyn's trial now.
352
00:13:04,885 --> 00:13:05,886
We've already started.
353
00:13:05,919 --> 00:13:06,920
And we can't not
go after the father.
354
00:13:06,953 --> 00:13:07,921
That's our defense.
355
00:13:07,954 --> 00:13:09,623
The only choice here
356
00:13:09,656 --> 00:13:11,024
is to settle
the Robin lawsuit,
357
00:13:11,057 --> 00:13:13,226
which is what I've been
saying all along.
358
00:13:13,259 --> 00:13:15,261
And beyond that...
359
00:13:15,295 --> 00:13:16,530
Jimmy...
360
00:13:16,563 --> 00:13:19,165
He's a good lawyer.
361
00:13:19,199 --> 00:13:22,302
But I think everybody
is having a hard time
362
00:13:22,335 --> 00:13:24,204
with you putting our
survival in his hands.
363
00:13:24,237 --> 00:13:26,773
Ellenor and Eugene
can't do it.
They're involved.
364
00:13:26,807 --> 00:13:28,041
Well, then get
outside counsel,
365
00:13:28,074 --> 00:13:29,442
or go with you and me...
366
00:13:29,475 --> 00:13:31,344
But not Jimmy.
367
00:13:39,986 --> 00:13:43,489
You know, Lindsay,
about a month or so ago,
368
00:13:43,524 --> 00:13:46,993
we exchanged a kiss
and we never even
talked about it.
369
00:13:47,027 --> 00:13:49,996
It was in the middle
of the Pearson trial.
370
00:13:52,633 --> 00:13:54,400
Should we talk about it?
371
00:13:56,269 --> 00:13:58,872
Well, why are you
bringing it up now
372
00:13:58,905 --> 00:14:00,774
when we're in the middle
of another trial?
373
00:14:00,807 --> 00:14:02,408
I don't know.
It's just...
374
00:14:03,810 --> 00:14:06,346
It's not something
you want to discuss?
375
00:14:06,379 --> 00:14:09,282
Not right now, no.
376
00:14:12,118 --> 00:14:13,587
Okay.
377
00:14:18,124 --> 00:14:20,160
Well, I'll see you tomorrow.
378
00:14:20,193 --> 00:14:22,362
Okay.
379
00:14:37,568 --> 00:14:40,204
I dropped my son off at
Evelyn Mayfield's house
380
00:14:40,204 --> 00:14:40,914
that day on my way
to the office.
381
00:14:40,947 --> 00:14:42,115
That was our routine.
382
00:14:42,148 --> 00:14:43,784
What time
did you drop him off?
383
00:14:43,817 --> 00:14:46,152
It was around
8:30 in the morning.
384
00:14:46,186 --> 00:14:47,588
About an hour
and a half later,
385
00:14:47,621 --> 00:14:49,890
I got a call
from the hospital...
386
00:14:49,923 --> 00:14:52,626
saying that
Kevin was...
387
00:14:52,659 --> 00:14:56,329
that my son...
was dead.
388
00:14:56,362 --> 00:14:59,966
Sir, the defendant claims
your son was crying
389
00:15:00,000 --> 00:15:01,768
when you
delivered him to her.
390
00:15:01,802 --> 00:15:03,069
He was hungry.
391
00:15:03,103 --> 00:15:04,404
But he wasn't
upset or--
392
00:15:04,437 --> 00:15:05,806
Physically he was okay?
393
00:15:05,839 --> 00:15:07,808
He was fine.
394
00:15:07,841 --> 00:15:10,877
From the time you left
your house that day
395
00:15:10,911 --> 00:15:13,046
and arrived
at Evelyn Mayfield's,
396
00:15:13,079 --> 00:15:15,549
you and Kevin
were alone together.
397
00:15:15,582 --> 00:15:16,650
Is that correct?
398
00:15:16,683 --> 00:15:17,818
Yes.
399
00:15:17,851 --> 00:15:19,352
There were no witnesses,
no one else present
400
00:15:19,385 --> 00:15:21,822
during the 20 minutes
before you arrived
at Evelyn's?
401
00:15:21,855 --> 00:15:23,023
Witnesses to what,
me behind the wheel
402
00:15:23,056 --> 00:15:25,225
and Kevin in
the child seat in back?
403
00:15:25,258 --> 00:15:29,596
Well, when you
arrived at Evelyn's
that particular morning,
404
00:15:29,630 --> 00:15:32,232
Kevin was crying
uncontrollably.
405
00:15:32,265 --> 00:15:34,701
He was not crying
uncontrollably,
Counsel.
406
00:15:34,735 --> 00:15:36,102
He was just crying.
407
00:15:36,136 --> 00:15:37,571
Why was he crying?
408
00:15:37,604 --> 00:15:38,972
He was probably hungry.
409
00:15:39,005 --> 00:15:41,642
There was a contusion
on Kevin's forehead.
410
00:15:41,675 --> 00:15:42,909
You know anything
about that?
411
00:15:42,943 --> 00:15:44,811
He hit his head
on a coffee table.
412
00:15:44,845 --> 00:15:46,446
Uh-huh.
413
00:15:52,686 --> 00:15:54,187
You didn't hit your son,
Mr. Barlow?
414
00:15:54,220 --> 00:15:56,156
-GAMBLE: Objection.
-I certainly did not.
415
00:15:56,189 --> 00:15:57,924
-Ever beat your wife?
-Objection!
416
00:15:57,958 --> 00:15:59,826
Offer to show that
this man has a history
417
00:15:59,860 --> 00:16:02,128
-of violent behavior.
-Move to strike!
418
00:16:02,162 --> 00:16:03,664
The objection is overruled.
419
00:16:03,697 --> 00:16:05,465
Mr. Barlow, were you arrested
for domestic battery
420
00:16:05,498 --> 00:16:08,468
stemming from an altercation
between you and your wife?
421
00:16:08,502 --> 00:16:09,603
That was
a long time ago.
422
00:16:09,636 --> 00:16:10,704
That was a yes?
423
00:16:10,737 --> 00:16:11,838
Yes.
424
00:16:11,872 --> 00:16:12,839
You hit her?
425
00:16:12,873 --> 00:16:14,074
I lost my temper and--
426
00:16:14,107 --> 00:16:15,842
-You hit her?
-Yes!
427
00:16:15,876 --> 00:16:17,611
Open hand or fist?
428
00:16:20,246 --> 00:16:21,582
Open hand or fist, sir?
429
00:16:21,615 --> 00:16:22,883
It was more than
9 years ago--
430
00:16:22,916 --> 00:16:24,618
Open hand or fist?
431
00:16:24,651 --> 00:16:26,019
Fist.
432
00:16:26,052 --> 00:16:27,888
Ever hit your son Kevin
with an open hand or fist?
433
00:16:27,921 --> 00:16:28,989
Objection!
It's badgering.
434
00:16:29,022 --> 00:16:29,990
All right, Counsel.
435
00:16:30,023 --> 00:16:31,592
Did you hurt your son?
436
00:16:31,625 --> 00:16:33,226
Counsel! Dial it back.
437
00:16:34,194 --> 00:16:38,999
If it's no, Mr. Barlow,
all you have to say is no.
438
00:16:40,300 --> 00:16:41,602
No.
439
00:16:41,635 --> 00:16:45,071
I did not
hurt my son.
440
00:16:48,509 --> 00:16:49,442
You almost had him.
441
00:16:49,475 --> 00:16:50,476
I could see his face
getting red.
442
00:16:50,511 --> 00:16:51,945
You think I should have
gone harder?
443
00:16:51,978 --> 00:16:53,313
Shh.
444
00:16:54,515 --> 00:16:56,049
Pretty interesting
strategy in there.
445
00:16:56,082 --> 00:16:57,417
Plan B, right?
446
00:16:57,450 --> 00:16:59,385
Hey, Tommy,
what the hell do you
think you're doing?
447
00:16:59,419 --> 00:17:00,921
-All right.
-Sticking your nose
in a criminal trial
448
00:17:00,954 --> 00:17:02,222
for the purpose
of a civil case?
449
00:17:02,255 --> 00:17:03,790
Maybe I should
report you to the bar.
450
00:17:03,824 --> 00:17:04,791
I'm just
in there watching.
451
00:17:04,825 --> 00:17:05,792
Right now
you're talking!
452
00:17:05,826 --> 00:17:06,793
All right!
453
00:17:06,827 --> 00:17:07,794
What's this,
your only case?
454
00:17:07,828 --> 00:17:08,795
No, my biggest.
455
00:17:08,829 --> 00:17:11,431
Come on. Come on!
456
00:17:13,834 --> 00:17:15,435
The principal
was understanding,
457
00:17:15,468 --> 00:17:17,103
but he said
it's school policy.
458
00:17:17,137 --> 00:17:18,438
So, we can march
into court,
459
00:17:18,471 --> 00:17:19,640
if that's what
you want to do.
460
00:17:19,673 --> 00:17:20,641
-I do.
-Okay.
461
00:17:20,674 --> 00:17:23,276
When? Because he is
missing school now.
462
00:17:23,309 --> 00:17:25,779
It's already scheduled.
We go tomorrow.
463
00:17:25,812 --> 00:17:27,748
We'll meet here at 9:00,
then go.
464
00:17:27,781 --> 00:17:28,749
All right.
465
00:17:28,782 --> 00:17:29,916
Just so we're clear,
466
00:17:29,950 --> 00:17:32,018
you don't talk.
467
00:17:32,052 --> 00:17:33,920
What if the judge
asks me something?
468
00:17:33,954 --> 00:17:36,289
I will try to prevent
that from happening,
trust me.
469
00:17:36,322 --> 00:17:38,559
Don't be gettin' snide
with me.
470
00:17:39,526 --> 00:17:40,694
Hey, how'd you do?
471
00:17:40,727 --> 00:17:42,228
Ah, he stayed
under control.
472
00:17:42,262 --> 00:17:43,296
Helen probably
sat on him.
473
00:17:43,329 --> 00:17:45,131
And Silva was there
taking notes.
474
00:17:45,165 --> 00:17:46,833
Oh, I got a meeting
with him tomorrow.
475
00:17:46,867 --> 00:17:48,434
Silva?
476
00:17:48,468 --> 00:17:50,236
See if I can find
his squeal point.
477
00:17:50,270 --> 00:17:52,573
We know each other
some, so...
478
00:17:54,474 --> 00:17:56,142
Good.
479
00:17:56,577 --> 00:17:58,712
Lucy, in my office?
480
00:18:02,616 --> 00:18:04,317
(door opens)
481
00:18:06,419 --> 00:18:09,455
Listen, um,
be it the Christmas spirit,
482
00:18:09,489 --> 00:18:12,325
or... you just trying to
bolster my self-confidence,
483
00:18:12,358 --> 00:18:13,960
I don't think
that we should--
484
00:18:13,994 --> 00:18:15,328
Be kissing? I know.
485
00:18:15,361 --> 00:18:18,131
I didn't plan to.
Something just...
came over me.
486
00:18:18,164 --> 00:18:20,000
What came over you?
487
00:18:20,033 --> 00:18:21,467
I'm sorry?
488
00:18:21,502 --> 00:18:24,204
Well, Bobby,
maybe your tongue
didn't hold its own,
489
00:18:24,237 --> 00:18:26,707
but it didn't exactly
recoil, either.
490
00:18:26,740 --> 00:18:28,008
You like buttons?
491
00:18:28,041 --> 00:18:29,475
What?
492
00:18:29,510 --> 00:18:30,677
I'm the cute-as-a-button type.
493
00:18:30,711 --> 00:18:33,814
Some guys go for it.
Figured you for models.
494
00:18:33,847 --> 00:18:35,415
Anyways, you're in trial.
495
00:18:35,448 --> 00:18:37,350
These are not issues
you should be talking about
496
00:18:37,383 --> 00:18:39,252
as Miss Shake 'N Bake
is about to be cooked.
497
00:18:39,285 --> 00:18:41,522
You're due back in 20,
by the way.
498
00:18:52,065 --> 00:18:54,601
That bruise
on his forehead
was an accident.
499
00:18:54,635 --> 00:18:55,435
What happened?
500
00:18:55,468 --> 00:18:57,437
I just turned my back
for a minute,
501
00:18:57,470 --> 00:18:59,673
and he bumped his head
on the coffee table.
502
00:18:59,706 --> 00:19:01,441
Mrs. Barlow,
503
00:19:01,474 --> 00:19:03,877
did your son have
any other injuries
504
00:19:03,910 --> 00:19:06,680
or medical problems
of any kind?
505
00:19:06,713 --> 00:19:08,682
No.
506
00:19:09,616 --> 00:19:12,085
My client had been
caring for Kevin
507
00:19:12,118 --> 00:19:14,354
for over 3 months.
Is that right?
508
00:19:14,387 --> 00:19:16,990
Yes. My husband and I
both worked days,
509
00:19:17,023 --> 00:19:19,192
so she watched him
Monday through Friday.
510
00:19:19,225 --> 00:19:21,327
And over the course
of the 3 months
511
00:19:21,361 --> 00:19:23,263
that Evelyn Mayfield
was watching Kevin,
512
00:19:23,296 --> 00:19:25,532
he always seemed
well cared for?
513
00:19:25,566 --> 00:19:27,233
Yes.
514
00:19:27,267 --> 00:19:29,369
In fact, you described her
to your friends
515
00:19:29,402 --> 00:19:32,038
as a great caretaker,
didn't you?
516
00:19:32,072 --> 00:19:34,307
I've changed my position
on that, Mr. Donnell.
517
00:19:34,340 --> 00:19:37,177
Mrs. Barlow,
honest answer--
518
00:19:37,210 --> 00:19:38,645
you don't know
what happened
519
00:19:38,679 --> 00:19:41,014
once Kevin left your house
that morning, do you?
520
00:19:41,047 --> 00:19:43,584
If you're suggesting
that my husband
could've been involved,
521
00:19:43,617 --> 00:19:45,519
I absolutely
know you're wrong.
522
00:19:45,552 --> 00:19:46,787
Because you
have his word.
523
00:19:46,820 --> 00:19:48,622
And because I know him.
524
00:19:52,325 --> 00:19:55,095
Were you injured
when he struck you?
525
00:19:55,128 --> 00:19:56,797
-Objection.
-Overruled.
526
00:19:56,830 --> 00:19:58,298
Did he hurt you?
527
00:19:58,331 --> 00:19:59,833
That was
a long time ago.
528
00:19:59,866 --> 00:20:02,869
The question was
when you went to
the police station
529
00:20:02,903 --> 00:20:06,239
and filed a complaint
for domestic battery,
530
00:20:06,272 --> 00:20:08,374
had you been injured?
531
00:20:08,408 --> 00:20:10,777
I had a small cut or so.
It wasn't that bad.
532
00:20:17,183 --> 00:20:20,253
I'll show you
these photographs,
533
00:20:20,286 --> 00:20:23,724
marked defense exhibits
1 through 3
534
00:20:23,757 --> 00:20:26,259
for identification.
535
00:20:43,209 --> 00:20:46,613
Do you recognize
what they depict?
536
00:20:51,852 --> 00:20:53,720
That's me.
537
00:20:53,754 --> 00:20:55,922
With a small cut?
538
00:21:00,426 --> 00:21:02,462
Lindsay spends the morning
with character witnesses,
539
00:21:02,495 --> 00:21:03,764
people from
the church mostly,
540
00:21:03,797 --> 00:21:05,899
parents of kids
you've taken care of.
541
00:21:05,932 --> 00:21:08,569
I don't expect them
to be cross-examined.
542
00:21:08,602 --> 00:21:10,871
After lunch,
it'll be you.
543
00:21:10,904 --> 00:21:12,038
Okay.
544
00:21:16,910 --> 00:21:17,911
You ready?
545
00:21:17,944 --> 00:21:20,547
I just tell the truth.
546
00:21:20,581 --> 00:21:23,784
Well, it's not gonna be
that simple, Evelyn.
547
00:21:23,817 --> 00:21:26,820
Helen Gamble is good.
548
00:21:28,088 --> 00:21:30,290
And...she can be
pretty vicious.
549
00:21:30,323 --> 00:21:34,127
She can, Lindsay--
let's admit it.
550
00:21:34,160 --> 00:21:35,161
Now...
551
00:21:35,195 --> 00:21:36,396
The big one.
552
00:21:36,429 --> 00:21:37,964
Those 40 minutes--
553
00:21:37,998 --> 00:21:39,733
you said
you called 911
554
00:21:39,766 --> 00:21:42,468
about 20 minutes
after the baby
was dropped off.
555
00:21:42,503 --> 00:21:45,872
But the call
didn't come in
till after 10:00.
556
00:21:45,906 --> 00:21:47,073
That's the hole.
557
00:21:47,107 --> 00:21:49,442
Have you given that
anymore thought?
558
00:21:49,475 --> 00:21:52,546
All I can say
is what I remember.
559
00:21:52,579 --> 00:21:54,915
Maybe I got
the time wrong.
560
00:21:54,948 --> 00:21:56,382
I believe you.
561
00:21:56,416 --> 00:21:58,685
But it may not
sound believable.
562
00:21:58,719 --> 00:22:00,020
What should I do?
563
00:22:00,053 --> 00:22:01,555
Should I make
something up?
564
00:22:03,857 --> 00:22:04,758
No.
565
00:22:04,791 --> 00:22:08,194
Well, what, they're gonna
convict me of murder
566
00:22:08,228 --> 00:22:10,330
because I lost
track of time?
567
00:22:10,363 --> 00:22:12,298
Yes, it could
come down to that.
568
00:22:12,332 --> 00:22:14,434
Look, an 11-month-old
boy was killed.
569
00:22:14,467 --> 00:22:16,102
The jury is gonna hold
somebody accountable.
570
00:22:16,136 --> 00:22:17,504
But it wasn't me.
571
00:22:17,538 --> 00:22:19,906
You were the last one
with him.
572
00:22:19,940 --> 00:22:24,044
Be prepared to be hit
on those 40 minutes.
573
00:22:27,914 --> 00:22:29,983
You know, far be it for me
to suggest this
574
00:22:30,016 --> 00:22:31,184
since you all hammered me
the last time, but...
575
00:22:31,217 --> 00:22:32,886
But what?
576
00:22:32,919 --> 00:22:35,656
This is a déjà vu
to the Vogelman trial--
577
00:22:35,689 --> 00:22:38,191
last seen with the victim,
it has to be her?
578
00:22:38,224 --> 00:22:39,693
So?
579
00:22:39,726 --> 00:22:42,095
So you've got the same
public pressure
on the D. A.'s Office.
580
00:22:42,128 --> 00:22:43,564
They need to get
this conviction.
581
00:22:43,597 --> 00:22:45,566
Evelyn Mayfield
is the only one
582
00:22:45,599 --> 00:22:46,900
they could possibly
get it against,
583
00:22:46,933 --> 00:22:48,502
so she's the one
that they're going after.
584
00:22:48,535 --> 00:22:52,238
As much as you hated me
for torpedoing Helen...
585
00:22:52,272 --> 00:22:53,674
You could do it again.
586
00:22:53,707 --> 00:22:54,474
What?
587
00:22:54,508 --> 00:22:56,109
Call her as a witness.
588
00:22:56,142 --> 00:22:57,644
Get the same testimony.
589
00:22:57,678 --> 00:23:00,013
Sometimes the choice
of who they go after
590
00:23:00,046 --> 00:23:02,048
is linked to who they
think they can convict.
591
00:23:02,082 --> 00:23:04,150
I know. It's ass-backwards.
592
00:23:04,184 --> 00:23:05,919
We can't call Helen
as a witness.
593
00:23:05,952 --> 00:23:07,554
First it would be
a mistrial. Second--
594
00:23:07,588 --> 00:23:08,388
So?
595
00:23:08,421 --> 00:23:11,391
Would a mistrial
really be that bad?
596
00:23:11,424 --> 00:23:13,059
Where are you?
597
00:23:13,093 --> 00:23:14,227
BOBBY: I don't know.
598
00:23:14,260 --> 00:23:16,730
But we're not
calling Helen.
599
00:23:16,763 --> 00:23:18,331
Well...
600
00:23:18,364 --> 00:23:21,768
It's another card
you can play.
601
00:23:21,802 --> 00:23:23,403
Good night.
602
00:23:29,075 --> 00:23:31,411
Where do you think
we are?
603
00:23:31,444 --> 00:23:33,547
Well...
604
00:23:33,580 --> 00:23:35,816
I think she's
innocent, Bobby.
605
00:23:35,849 --> 00:23:37,551
But the truth is,
606
00:23:37,584 --> 00:23:39,352
I don't know it.
607
00:23:39,385 --> 00:23:41,021
If the jury's
where I am,
608
00:23:41,054 --> 00:23:43,524
we have
reasonable doubt.
609
00:23:57,971 --> 00:24:00,440
It's a note.
Passing a note
in the back of a classroom.
610
00:24:00,473 --> 00:24:03,176
A note containing
a sexual description that--
611
00:24:03,209 --> 00:24:05,245
"She's got a nice ass."
612
00:24:05,278 --> 00:24:06,880
It's sexual
objectification.
613
00:24:06,913 --> 00:24:07,748
REBECCA: Come on!
614
00:24:07,781 --> 00:24:09,349
And as silly as it may seem,
615
00:24:09,382 --> 00:24:11,051
the policy at Brockton
is no different
616
00:24:11,084 --> 00:24:13,854
from every other school
across this country.
617
00:24:13,887 --> 00:24:15,321
That only makes it
more ridiculous.
618
00:24:15,355 --> 00:24:17,390
He's 10 years old.
619
00:24:17,423 --> 00:24:19,059
Kids write
on bathroom walls,
620
00:24:19,092 --> 00:24:20,226
kids pass notes.
621
00:24:20,260 --> 00:24:21,494
And what if he should do
more than that?
622
00:24:21,528 --> 00:24:23,363
What if he commits
a sexual assault?
623
00:24:23,396 --> 00:24:26,232
Well, then you suspend him,
but for a note, you don't--
624
00:24:26,266 --> 00:24:27,233
The point is,
625
00:24:27,267 --> 00:24:28,869
the school has
notice of the note
626
00:24:28,902 --> 00:24:31,738
and therefore
could be held liable
if his behavior escalates--
627
00:24:31,772 --> 00:24:32,939
I knew it.
628
00:24:32,973 --> 00:24:34,875
This is just some
cover-your-ass lawyer--
629
00:24:34,908 --> 00:24:36,476
Ms. Baylor!
630
00:24:38,745 --> 00:24:41,715
Your Honor, we are
getting carried away here.
631
00:24:41,748 --> 00:24:43,617
Now, are you saying
that your client
632
00:24:43,650 --> 00:24:45,619
is being treated unfairly
under the policy,
633
00:24:45,652 --> 00:24:49,723
or that the policy itself
is unfair?
634
00:24:49,756 --> 00:24:52,092
I am saying
if we are at the point
635
00:24:52,125 --> 00:24:55,161
where girls and boys
can't talk to each other
at school,
636
00:24:55,195 --> 00:24:58,899
if they can
get suspended
for passing notes,
637
00:24:58,932 --> 00:25:01,835
what is going on?
638
00:25:04,104 --> 00:25:06,640
They don't want to
settle for nothing,
639
00:25:06,673 --> 00:25:09,643
but I tried to sell four.
640
00:25:09,676 --> 00:25:11,745
400's not going
to do it, Jimmy.
641
00:25:11,778 --> 00:25:15,649
Tommy, even if you win,
you're looking at
automatic appeal.
642
00:25:15,682 --> 00:25:17,651
This case is threshold.
643
00:25:17,684 --> 00:25:20,086
Suppose the jury
gives you a million?
644
00:25:20,120 --> 00:25:23,489
End of the day,
present day value of four
turns out to be more.
645
00:25:23,524 --> 00:25:25,291
Mmm, I understand.
646
00:25:25,325 --> 00:25:27,027
Off the record?
647
00:25:27,060 --> 00:25:28,228
'Course.
648
00:25:28,261 --> 00:25:30,030
My client's wealthy.
649
00:25:30,063 --> 00:25:31,497
He's dying of cancer.
650
00:25:31,532 --> 00:25:32,833
It's not about money.
651
00:25:32,866 --> 00:25:34,968
He wants you guys
out of business.
652
00:25:35,001 --> 00:25:37,470
At first, I thought
he'd take a million.
653
00:25:37,504 --> 00:25:41,241
I mean, clients come in mad,
then they settle down.
You know how it is.
654
00:25:41,274 --> 00:25:43,043
But he ain't settling down.
655
00:25:43,076 --> 00:25:45,078
He wants you guys
selling your furniture.
656
00:25:45,111 --> 00:25:47,514
Client comes to me with
that kind of revenge
on his mind,
657
00:25:47,548 --> 00:25:49,516
I tell him go
get another lawyer.
658
00:25:49,550 --> 00:25:51,151
Ah, come on, Jimmy.
659
00:25:51,184 --> 00:25:53,219
Look what they
did to this kid.
660
00:25:53,253 --> 00:25:55,421
You wouldn't
take this case?
661
00:25:55,455 --> 00:25:57,223
(chuckles)
662
00:26:02,896 --> 00:26:05,532
I just had a sense that
something wasn't right.
663
00:26:05,566 --> 00:26:07,568
Kevin usually
didn't cry like that.
664
00:26:07,601 --> 00:26:08,935
How long did he cry for?
665
00:26:08,969 --> 00:26:11,738
Maybe 10 or 20 minutes
or so,
666
00:26:11,772 --> 00:26:13,940
and then he
finally stopped.
667
00:26:13,974 --> 00:26:16,476
So I put him down
for his nap.
668
00:26:16,510 --> 00:26:18,845
And when did
you realize that--
669
00:26:18,879 --> 00:26:20,446
that something was wrong?
670
00:26:20,480 --> 00:26:24,417
I checked on him
about 15 minutes later,
671
00:26:24,450 --> 00:26:27,453
and he wasn't breathing.
672
00:26:27,487 --> 00:26:28,755
What'd you do?
673
00:26:28,789 --> 00:26:30,290
I tried to give him CPR,
674
00:26:30,323 --> 00:26:33,126
but it--it
just wasn't working.
He wouldn't breathe.
675
00:26:33,159 --> 00:26:37,998
So I--I called 911,
and finally,
the ambulance came.
676
00:26:38,031 --> 00:26:41,602
Now, Evelyn,
the baby arrives at 8:30,
677
00:26:41,635 --> 00:26:45,071
20 minutes of crying,
15-minute nap.
678
00:26:45,105 --> 00:26:48,675
You called 911 at 10:07.
679
00:26:48,709 --> 00:26:52,312
That leaves 40 minutes
unaccounted for.
680
00:26:52,345 --> 00:26:55,048
Maybe he cried longer,
maybe he napped longer,
681
00:26:55,081 --> 00:26:58,418
or--or got there later.
I honestly don't know.
682
00:26:58,451 --> 00:27:02,989
I-I'm not sure
how long I did CPR
before I called.
683
00:27:03,023 --> 00:27:06,793
And also, I--I
was in shock, maybe.
684
00:27:06,827 --> 00:27:09,996
I--I--I guess the time
frames could be off,
685
00:27:10,030 --> 00:27:12,666
but I never
harmed that child.
686
00:27:12,699 --> 00:27:15,368
And the idea
that I could have...
687
00:27:19,573 --> 00:27:21,141
Forty minutes.
688
00:27:21,174 --> 00:27:23,577
That's kind of a lot
to be off by.
689
00:27:23,610 --> 00:27:25,546
I've done my best
to explain it.
690
00:27:25,579 --> 00:27:27,347
You were in some shock.
691
00:27:28,248 --> 00:27:31,518
Is it possible you maybe
blocked out some time
in your mind?
692
00:27:31,552 --> 00:27:32,853
I'm sorry?
693
00:27:32,886 --> 00:27:34,688
Something happened which you
blocked out of your mind?
694
00:27:34,721 --> 00:27:36,757
I don't think
that's the case.
695
00:27:36,790 --> 00:27:38,625
Oh, such
a traumatic event.
696
00:27:38,659 --> 00:27:43,263
Certainly it's the first
time you've ever discovered
an unconscious baby, isn't it?
697
00:27:43,296 --> 00:27:46,066
No.
698
00:27:47,333 --> 00:27:48,702
There was another one?
699
00:27:48,735 --> 00:27:49,836
A few years back,
700
00:27:49,870 --> 00:27:52,906
and I saved that baby
performing CPR.
701
00:27:52,939 --> 00:27:54,007
You did.
702
00:27:54,040 --> 00:27:56,510
So you have experience
with reacting to crises?
703
00:27:56,543 --> 00:27:57,678
Yes.
704
00:27:57,711 --> 00:27:59,312
So seeing a baby
not breathing,
705
00:27:59,345 --> 00:28:02,182
that wouldn't be so
horrific to cause you
to block out time?
706
00:28:02,215 --> 00:28:03,349
That's right.
707
00:28:03,383 --> 00:28:04,651
What if you
killed that baby?
708
00:28:04,685 --> 00:28:05,952
-Objection!
-Overruled!
709
00:28:05,986 --> 00:28:08,321
You don't have any experience
doing that, do you?
710
00:28:08,354 --> 00:28:11,725
No, I do not,
Miss Gamble.
711
00:28:11,758 --> 00:28:12,859
Think you might
block that out?
712
00:28:12,893 --> 00:28:15,829
I did not
harm that baby.
713
00:28:17,163 --> 00:28:20,734
You know, something else
struck me as funny.
714
00:28:20,767 --> 00:28:22,969
You never called
Mr. and Mrs. Barlow
715
00:28:23,003 --> 00:28:25,371
to tell them what
happened, did you?
716
00:28:25,405 --> 00:28:26,507
The police called them.
717
00:28:26,540 --> 00:28:27,508
Yes, much later.
718
00:28:27,541 --> 00:28:29,109
But why didn't you?
719
00:28:29,142 --> 00:28:31,377
You're baby-sitting
their child,
720
00:28:31,411 --> 00:28:32,713
he dies...
721
00:28:32,746 --> 00:28:33,914
you don't call?
722
00:28:33,947 --> 00:28:36,449
Everything was--
was happening so fast.
723
00:28:36,482 --> 00:28:38,985
I--I was
going to call them.
724
00:28:39,019 --> 00:28:41,588
The first thing
was trying to save him.
725
00:28:41,622 --> 00:28:45,025
Yes, but why didn't
you call them after
you called the ambulance
726
00:28:45,058 --> 00:28:47,628
to let these people
know what had happened?
727
00:28:47,661 --> 00:28:49,896
I was holding Kevin.
728
00:28:49,930 --> 00:28:51,898
Or after they
took Kevin away?
729
00:28:51,932 --> 00:28:54,835
Was there another reason
why you didn't call?
730
00:28:57,103 --> 00:29:00,006
Is it possible that
the reason you didn't call
731
00:29:00,040 --> 00:29:02,442
was because you couldn't
bear to face them
732
00:29:02,475 --> 00:29:06,379
because your conscience
knew the truth
about what you did?
733
00:29:06,412 --> 00:29:10,150
No, that
is not possible.
734
00:29:14,087 --> 00:29:15,421
Manslaughter's
still good.
735
00:29:15,455 --> 00:29:17,791
You just gave us
grounds for appeal--
prior bad acts.
736
00:29:17,824 --> 00:29:20,060
That wasn't a bad act.
She saved that other child.
737
00:29:20,093 --> 00:29:21,762
-Plus, she opened the door.
-She did not.
738
00:29:21,795 --> 00:29:24,064
Just take manslaughter.
She didn't hit
any home run in there.
739
00:29:24,097 --> 00:29:25,532
She's not gonna
take manslaughter.
740
00:29:25,566 --> 00:29:27,100
She will if
you tell her to.
741
00:29:27,133 --> 00:29:29,069
I won't tell her to,
and I don't think that
you made the elements.
742
00:29:29,102 --> 00:29:32,038
Look, this could
go either way.
We all know that.
743
00:29:32,072 --> 00:29:33,840
Why do you
want to risk life?
744
00:29:33,874 --> 00:29:35,275
Manslaughter,
she's out in 5.
745
00:29:35,308 --> 00:29:38,945
You want to stay up all night
working on a closing argument?
746
00:29:38,979 --> 00:29:40,614
You guys
ever get tired?
747
00:29:40,647 --> 00:29:42,315
Excuse me a second.
748
00:29:43,483 --> 00:29:46,119
Hey, Bobby,
I'm just watching.
It's legal.
749
00:29:46,152 --> 00:29:47,353
Yeah, yeah.
750
00:29:47,387 --> 00:29:49,556
How much of her
testimony did you hear?
751
00:29:49,590 --> 00:29:51,958
Most, I think.
752
00:29:51,992 --> 00:29:53,527
Do you believe her?
753
00:29:53,560 --> 00:29:54,795
I don't know,
754
00:29:54,828 --> 00:29:56,530
but I don't
disbelieve her.
755
00:29:58,131 --> 00:29:59,566
They're offering
manslaughter.
756
00:29:59,600 --> 00:30:01,134
Ha. I wouldn't.
757
00:30:01,167 --> 00:30:02,536
Really?
758
00:30:02,569 --> 00:30:06,072
I don't think they've
made their case,
not on murder.
759
00:30:09,576 --> 00:30:11,077
Pretty soon,
it'll be illegal
760
00:30:11,111 --> 00:30:13,246
for a boy to
give a girl a flower.
761
00:30:13,279 --> 00:30:15,716
I share
the petitioner's concern.
762
00:30:15,749 --> 00:30:17,518
I also share the notion
763
00:30:17,551 --> 00:30:21,622
that a school is a child's
first introduction
to society.
764
00:30:21,655 --> 00:30:25,091
It should be no less
sexually charged just
because they're children.
765
00:30:25,125 --> 00:30:27,360
In fact, because
they're children,
766
00:30:27,393 --> 00:30:30,731
maybe these school policies
are our best hope
767
00:30:30,764 --> 00:30:34,901
of one day curtailing
gender hostility
and discrimination.
768
00:30:34,935 --> 00:30:39,305
We're quick to say education
beats retribution.
769
00:30:39,339 --> 00:30:42,743
So let the schools
try to educate.
770
00:30:42,776 --> 00:30:45,011
I'm upholding
the suspension.
771
00:30:45,045 --> 00:30:47,047
Oh, you gotta
be kidding me!
772
00:30:47,080 --> 00:30:47,881
Roberta.
773
00:30:47,914 --> 00:30:49,750
The world has
gone upside down.
774
00:30:49,783 --> 00:30:50,884
I agree.
775
00:30:50,917 --> 00:30:53,119
But since passing a note
as an adult
776
00:30:53,153 --> 00:30:55,989
could cost him
a lot of money
and even his job,
777
00:30:56,022 --> 00:30:58,559
maybe it's best to give
him the message now.
778
00:30:58,592 --> 00:31:02,262
And maybe
it's time to change
a stupid, ridiculous,
779
00:31:02,295 --> 00:31:06,299
God-awful,
laugh-out-loud,
dumb law.
780
00:31:07,100 --> 00:31:09,402
There's always that.
781
00:31:09,870 --> 00:31:12,973
The key is Dr. Katten.
He testified "possible"--
death wasn't immediate.
782
00:31:13,006 --> 00:31:15,108
-Remote. The likelihood--
-He said "possible."
783
00:31:15,141 --> 00:31:16,943
You just keep hammering
possible, possible, possible,
784
00:31:16,977 --> 00:31:18,679
doubt, doubt, doubt,
doubt.
785
00:31:18,712 --> 00:31:19,913
I'm leaving.
786
00:31:19,946 --> 00:31:22,583
If my father knew
the hours I kept here...
787
00:31:25,619 --> 00:31:27,353
Lucy,
what does your father do?
788
00:31:27,387 --> 00:31:30,557
He drives a cab.
Why?
789
00:31:30,591 --> 00:31:32,192
Nothing.
790
00:31:32,225 --> 00:31:35,395
And, um, what about
your mother?
791
00:31:35,428 --> 00:31:36,797
She's dead.
792
00:31:36,830 --> 00:31:39,533
Oh, I didn't mean to...
793
00:31:39,566 --> 00:31:41,201
I've heard you say
"parents."
794
00:31:41,234 --> 00:31:45,105
Yeah, well, sometimes
I include step-thing.
795
00:31:47,207 --> 00:31:49,375
Why are you looking
at me funny?
796
00:31:49,409 --> 00:31:52,646
I'm not, um... um...
797
00:31:52,679 --> 00:31:54,948
Good night.
798
00:32:01,588 --> 00:32:03,757
What are you doing?
799
00:32:03,790 --> 00:32:05,458
We have to stay on
reasonable doubt, Bobby.
800
00:32:05,491 --> 00:32:07,661
We can't just try to
argue the father did it.
801
00:32:07,694 --> 00:32:08,962
I know.
802
00:32:08,995 --> 00:32:11,131
Can I ask you something?
803
00:32:12,766 --> 00:32:14,100
Are we a couple?
804
00:32:15,101 --> 00:32:17,203
I mean,
a couple-in-waiting?
805
00:32:17,237 --> 00:32:19,873
We've kissed.
We've--what are we doing?
806
00:32:19,906 --> 00:32:22,275
Or not doing?
807
00:32:24,244 --> 00:32:25,812
What's going on?
Are you dying?
808
00:32:25,846 --> 00:32:27,147
Why is this
suddenly coming up?
809
00:32:27,180 --> 00:32:29,683
Well, isn't it strange
that we don't address--
810
00:32:29,716 --> 00:32:31,417
obviously we have feelings.
811
00:32:31,451 --> 00:32:34,487
You're asking me if it's
strange that you don't
address your feelings?
812
00:32:34,521 --> 00:32:35,889
Was I just insulted?
813
00:32:35,922 --> 00:32:39,425
Bobby, I was in love
with you once.
814
00:32:39,459 --> 00:32:41,461
Maybe I still am,
but I don't think--
815
00:32:41,494 --> 00:32:42,495
What?
816
00:32:42,529 --> 00:32:44,631
Do you really want
to get into this?
817
00:32:44,665 --> 00:32:46,600
No.
818
00:32:51,004 --> 00:32:52,438
(sighs)
819
00:32:52,472 --> 00:32:53,740
This isn't a great life.
820
00:32:53,774 --> 00:32:56,810
Great job, but life?
821
00:32:56,843 --> 00:32:59,980
You know, I need
somebody to pull me
out of this a little.
822
00:33:00,013 --> 00:33:02,716
And whatever you may be,
823
00:33:02,749 --> 00:33:05,418
you'll never be that.
824
00:33:05,451 --> 00:33:09,189
So we're not
a couple-in-waiting?
825
00:33:09,222 --> 00:33:11,424
Truth?
826
00:33:14,928 --> 00:33:18,732
I could fall in love
with you all over again
if I let myself...
827
00:33:21,935 --> 00:33:24,204
But I won't.
828
00:33:39,587 --> 00:33:41,044
Their own
medical expert told you
829
00:33:41,044 --> 00:33:44,157
that it was possible
the injury could have occurred
830
00:33:44,157 --> 00:33:48,962
before Kevin Barlow arrived
at Evelyn's house that day.
831
00:33:48,995 --> 00:33:50,797
He told you that.
832
00:33:50,831 --> 00:33:52,933
"Possible."
833
00:33:52,966 --> 00:33:55,802
Kevin's father
was alone with him.
834
00:33:55,836 --> 00:33:58,104
Did he shake him?
835
00:33:58,138 --> 00:34:00,106
We certainly have
no evidence that he did,
836
00:34:00,140 --> 00:34:02,008
no witnesses.
837
00:34:02,042 --> 00:34:05,478
But they have no proof
that he didn't,
838
00:34:05,512 --> 00:34:07,413
do they?
839
00:34:07,447 --> 00:34:11,217
And he does have
a history of violence.
840
00:34:11,251 --> 00:34:13,219
Evelyn Mayfield doesn't.
841
00:34:13,253 --> 00:34:15,689
You heard witness
after witness after witness
842
00:34:15,722 --> 00:34:18,892
tell you they've never
seen a hint of violence
in this woman,
843
00:34:18,925 --> 00:34:20,694
or even anger
for that matter.
844
00:34:20,727 --> 00:34:24,798
Their whole case is that
she was with the baby
at the time of death.
845
00:34:24,831 --> 00:34:28,434
While their own doctor says
the injury could have
preceded the boy
846
00:34:28,468 --> 00:34:31,538
coming into
my client's custody.
847
00:34:33,507 --> 00:34:35,408
Reasonable doubt?
848
00:34:38,879 --> 00:34:40,981
The doctor's testimony
849
00:34:41,014 --> 00:34:43,083
was that it was
a virtual certainty
850
00:34:43,116 --> 00:34:45,652
that the baby's death
was immediate.
851
00:34:45,686 --> 00:34:48,922
Oh, sure, they seize upon
that word "possible."
852
00:34:48,955 --> 00:34:52,793
It's a great word
because it's so difficult
to disprove a negative.
853
00:34:52,826 --> 00:34:54,427
Possible.
854
00:34:54,460 --> 00:34:56,262
Well, anything's
possible, I guess.
855
00:34:56,296 --> 00:34:58,464
But that doctor told you
856
00:34:58,498 --> 00:35:00,634
that the baby's death
was immediate,
857
00:35:00,667 --> 00:35:04,738
and the defense has done
nothing to contradict it.
858
00:35:05,606 --> 00:35:08,642
Maybe Evelyn Mayfield
really does believe
859
00:35:08,675 --> 00:35:10,243
she didn't do this.
860
00:35:10,276 --> 00:35:12,278
Sometimes psychic anguish
861
00:35:12,312 --> 00:35:14,681
can just block out
all memory.
862
00:35:14,715 --> 00:35:17,250
It's been
known to happen.
863
00:35:17,283 --> 00:35:19,553
But she did do it.
864
00:35:19,586 --> 00:35:21,755
And deep down,
865
00:35:21,788 --> 00:35:23,289
she knows she did it.
866
00:35:23,323 --> 00:35:26,426
That's why she
didn't call the parents,
867
00:35:26,459 --> 00:35:29,029
that's why
she froze on the stand.
868
00:35:29,062 --> 00:35:31,932
And when all these
people from her church
march up there and say,
869
00:35:31,965 --> 00:35:34,034
"Oh, she couldn't have.
870
00:35:34,067 --> 00:35:35,736
She couldn't have."
871
00:35:35,769 --> 00:35:39,305
Well, it probably makes it
easier for her to think
872
00:35:39,339 --> 00:35:41,441
she couldn't have.
873
00:35:41,474 --> 00:35:46,112
The death was immediate.
She was the only one there.
874
00:35:46,146 --> 00:35:48,749
She cannot account
for 40 minutes,
875
00:35:48,782 --> 00:35:50,551
40 minutes of blank time
876
00:35:50,584 --> 00:35:52,753
which coincides
with the time of death.
877
00:35:52,786 --> 00:35:55,789
Of course she did it.
878
00:36:00,060 --> 00:36:01,427
Roberta.
879
00:36:01,461 --> 00:36:04,330
I couldn't
sleep all night.
I want to appeal.
880
00:36:04,364 --> 00:36:05,899
We can't appeal.
Even if we could--
881
00:36:05,932 --> 00:36:07,167
He's a good kid.
882
00:36:07,200 --> 00:36:09,536
Well, nobody's
saying he isn't.
883
00:36:09,570 --> 00:36:11,371
Are you okay?
884
00:36:11,404 --> 00:36:14,007
What chance has he got?
885
00:36:14,040 --> 00:36:15,909
You know, I try to
get him to stop stealing,
886
00:36:15,942 --> 00:36:18,512
and the best way to do that
is to keep him in school,
887
00:36:18,545 --> 00:36:20,113
but the school
throws him out.
888
00:36:20,146 --> 00:36:22,115
And the courts
won't help me.
889
00:36:22,148 --> 00:36:24,350
I'm all by myself.
890
00:36:24,384 --> 00:36:27,353
His dad only comes
to see him on weekends,
and I try--
891
00:36:27,387 --> 00:36:29,089
REBECCA: Hey, hey.
892
00:36:29,122 --> 00:36:33,627
Nobody is
blaming you here.
893
00:36:34,961 --> 00:36:37,363
He's getting away from me.
894
00:36:37,397 --> 00:36:40,033
You know, the last couple
of years, he is a good kid,
895
00:36:40,066 --> 00:36:42,468
and now he's
out stealing bikes.
896
00:36:44,337 --> 00:36:46,707
He needs something
I can't give,
897
00:36:46,740 --> 00:36:50,677
and I don't know
what to do about that.
898
00:36:56,049 --> 00:36:57,718
Okay.
899
00:36:57,751 --> 00:36:59,219
Shh.
900
00:37:06,627 --> 00:37:07,861
What's up?
901
00:37:07,894 --> 00:37:11,331
Listen, everyone's
nervous about you doing
the Robin trial.
902
00:37:11,364 --> 00:37:13,266
Me, I think
you can do it.
903
00:37:13,299 --> 00:37:15,268
We have a partners
meeting later.
904
00:37:15,301 --> 00:37:16,570
A partners meeting?
905
00:37:16,603 --> 00:37:18,204
Our first one.
906
00:37:18,238 --> 00:37:20,373
In honor of me?
907
00:37:20,406 --> 00:37:22,576
I expect to
get voted down.
908
00:37:22,609 --> 00:37:26,179
But tell me how you
plan to try it.
909
00:37:26,212 --> 00:37:27,648
Does it matter?
910
00:37:27,681 --> 00:37:28,849
It might.
911
00:37:30,617 --> 00:37:32,586
Tommy Silva's
gonna get up there
912
00:37:32,619 --> 00:37:34,888
and try to separate
himself from lawyers.
913
00:37:34,921 --> 00:37:38,158
I think he's gonna
try to get the jury
to send a message.
914
00:37:38,191 --> 00:37:40,961
I plan to be more of
a little guy than Tommy.
915
00:37:40,994 --> 00:37:44,464
Play it simple.
Tell them we had
an innocent man
916
00:37:44,497 --> 00:37:46,332
faced with
losing his life,
917
00:37:46,366 --> 00:37:48,468
and we fought for him.
918
00:37:49,402 --> 00:37:51,705
-Bobby, we got to go.
-Verdict?
919
00:37:51,738 --> 00:37:54,007
We've been
called to chambers.
920
00:37:57,711 --> 00:38:00,480
I just received a question
from the jury,
921
00:38:00,514 --> 00:38:02,382
and I'll tell you
how I plan to respond
922
00:38:02,415 --> 00:38:04,818
and then give counsel
for the state
and the defense
923
00:38:04,851 --> 00:38:07,788
the opportunity to make
any comments or objections.
924
00:38:07,821 --> 00:38:10,223
The question is...
925
00:38:10,256 --> 00:38:12,492
Well, actually,
it's two questions.
926
00:38:12,526 --> 00:38:14,895
First, they would
like to know if they
can have more water.
927
00:38:14,928 --> 00:38:18,298
Second, they would like to
know if killing an infant,
928
00:38:18,331 --> 00:38:22,302
in and of itself,
constitutes extreme cruelty.
929
00:38:48,094 --> 00:38:50,997
So... what's going on?
930
00:38:52,766 --> 00:38:57,704
They're deciding
between murder one
and murder two.
931
00:39:02,976 --> 00:39:04,845
H-how?
932
00:39:04,878 --> 00:39:08,549
The question was
about extreme cruelty,
933
00:39:08,582 --> 00:39:12,385
one of the elements
necessary for
the first-degree charge.
934
00:39:13,554 --> 00:39:15,856
Well, maybe they just
didn't understand it.
935
00:39:18,792 --> 00:39:20,927
That isn't it.
936
00:39:20,961 --> 00:39:24,497
They're not deciding between
guilt or innocence anymore.
937
00:39:24,531 --> 00:39:27,200
It's between
first- and second-degree.
938
00:39:27,233 --> 00:39:32,205
I--I doubt that the D. A.
would be even willing to
offer manslaughter right now,
939
00:39:32,238 --> 00:39:34,841
but...
940
00:39:34,875 --> 00:39:36,677
I should at least try.
941
00:39:36,710 --> 00:39:38,144
No.
942
00:39:38,178 --> 00:39:39,212
Evelyn--
943
00:39:39,245 --> 00:39:40,814
I'm not going to
agree to manslaughter.
944
00:39:40,847 --> 00:39:43,584
Are you even listening
to what I'm telling you?
945
00:39:43,617 --> 00:39:45,418
God won't let them
convict me.
946
00:39:45,451 --> 00:39:47,287
I know He won't.
947
00:39:47,320 --> 00:39:48,488
I know it.
948
00:39:48,522 --> 00:39:51,658
Listen, I think God
has dropped the ball here.
949
00:39:51,692 --> 00:39:54,127
Either that or Helen Gamble
got to him.
950
00:39:54,160 --> 00:39:56,229
You need to
prepare yourself.
951
00:39:56,262 --> 00:39:58,832
It's not
going to happen!
952
00:40:07,407 --> 00:40:10,577
He's going to
take care of me.
953
00:40:12,746 --> 00:40:15,949
Now, if you
could excuse me,
I need to pray.
954
00:40:17,417 --> 00:40:18,952
Honey...
955
00:40:18,985 --> 00:40:21,522
maybe we should
listen to what he's
trying to say here.
956
00:40:21,555 --> 00:40:23,724
I need to pray.
957
00:40:42,175 --> 00:40:43,309
I couldn't believe it,
her face.
958
00:40:43,343 --> 00:40:45,311
She had this
religious blank stare.
She looked like--
959
00:40:45,345 --> 00:40:46,580
Kenneth Starr?
960
00:40:46,613 --> 00:40:48,481
I'm trying to tell her
she's facing life in prison,
961
00:40:48,515 --> 00:40:49,750
and she doesn't
even hear me.
962
00:40:49,783 --> 00:40:51,317
-Have they come back
with a verdict?
-Not yet.
963
00:40:51,351 --> 00:40:53,019
I told you
she was guilty.
964
00:40:53,053 --> 00:40:55,822
Eebie-jeebie lady,
shake, rattle, and roll.
965
00:40:55,856 --> 00:40:57,658
Lucy--
966
00:41:00,994 --> 00:41:03,664
It's not that we don't
think he's any good.
967
00:41:03,697 --> 00:41:05,231
Then why are
we sitting here?
968
00:41:05,265 --> 00:41:06,633
Because this
isn't just any case.
969
00:41:06,667 --> 00:41:08,068
Our whole future
rides on it.
970
00:41:08,101 --> 00:41:10,036
Jimmy may be good,
but he certainly
isn't our best.
971
00:41:10,070 --> 00:41:12,506
We could hire better,
get outside counsel.
972
00:41:12,539 --> 00:41:13,907
I've seen
Tommy Silva at work.
973
00:41:13,940 --> 00:41:16,309
He plays the "regular guy"
thing like a violin.
974
00:41:16,342 --> 00:41:17,678
That's exactly
why we--
975
00:41:17,711 --> 00:41:19,279
Jimmy's style, I still believe,
is the perfect counter.
976
00:41:19,312 --> 00:41:21,181
Lindsay, remember how
he did in the power lines case?
977
00:41:21,214 --> 00:41:22,182
Yes.
978
00:41:22,215 --> 00:41:23,316
The case against us
is stacked--
979
00:41:23,349 --> 00:41:24,851
dead sister,
brother accused,
980
00:41:24,885 --> 00:41:27,253
life ruined,
father dying,
981
00:41:27,287 --> 00:41:28,388
the evil criminal
defense lawyer.
982
00:41:28,421 --> 00:41:30,290
This case is tailor-made
for Tommy Silva.
983
00:41:30,323 --> 00:41:33,426
He will tap into
the people's contempt
for lawyers.
984
00:41:33,459 --> 00:41:35,529
Jimmy is a teddy bear.
985
00:41:35,562 --> 00:41:36,797
He's good.
986
00:41:36,830 --> 00:41:39,065
In my opinion,
he represents
our best chance.
987
00:41:39,099 --> 00:41:41,134
All right, why don't
we just take a vote?
988
00:41:41,167 --> 00:41:42,803
All against.
989
00:41:47,574 --> 00:41:51,812
All for? Mine counts
for two, remember?
990
00:41:54,848 --> 00:41:57,417
Rebecca,
you're a partner, too.
991
00:41:57,450 --> 00:41:58,819
He can take
all your property
as well.
992
00:41:58,852 --> 00:42:01,121
Ellenor,
let her make up
her own mind.
993
00:42:02,422 --> 00:42:04,157
I'm with Bobby.
994
00:42:08,394 --> 00:42:12,365
Three to three.
I decide tiebreakers.
Jimmy's got the case.
995
00:42:12,398 --> 00:42:14,434
-Wait a second.
-You can't do that.
996
00:42:14,467 --> 00:42:15,736
You basically
have three votes now?
997
00:42:15,769 --> 00:42:16,870
It's in
the partnership.
998
00:42:16,903 --> 00:42:19,506
Jimmy will
first chair,
I'll be second.
999
00:42:19,540 --> 00:42:21,041
Who won?
1000
00:42:21,074 --> 00:42:22,308
-Lucy!
-Get out!
1001
00:42:22,342 --> 00:42:23,644
The jury's back now.
1002
00:42:23,677 --> 00:42:24,911
Thirty minutes.
1003
00:42:24,945 --> 00:42:26,312
Okay.
1004
00:42:29,382 --> 00:42:31,117
Jimmy, quick vote.
Your case.
1005
00:42:31,151 --> 00:42:32,218
Congratulations.
1006
00:42:32,252 --> 00:42:33,520
You'll do great,
Jimmy.
1007
00:42:33,554 --> 00:42:35,121
Good luck, buddy.
1008
00:42:57,844 --> 00:43:00,113
Will the defendant
please rise?
1009
00:43:07,788 --> 00:43:10,624
Mr. Foreman, the jury
has reached a verdict?
1010
00:43:10,657 --> 00:43:11,758
We have, Your Honor.
1011
00:43:11,792 --> 00:43:13,627
JUDGE:
What say you?
1012
00:43:14,861 --> 00:43:17,163
"Commonwealth
vs. Evelyn Mayfield.
1013
00:43:17,197 --> 00:43:19,800
On the count of murder
in the first degree,
1014
00:43:19,833 --> 00:43:22,636
we find the defendant
Evelyn Mayfield...
1015
00:43:22,669 --> 00:43:23,804
not guilty."
1016
00:43:23,837 --> 00:43:25,839
-(crowd murmurs)
-MAN: Oh! Wonderful!
1017
00:43:25,872 --> 00:43:27,808
"On the count of murder
in the second degree,
1018
00:43:27,841 --> 00:43:31,878
we find the defendant
Evelyn Mayfield...
1019
00:43:31,912 --> 00:43:33,113
guilty."
1020
00:43:33,146 --> 00:43:36,883
JUDGE:
The bailiff will take
the defendant into custody.
1021
00:43:36,917 --> 00:43:40,521
The jury is dismissed
with the thanks
of the court.
1022
00:43:40,554 --> 00:43:42,756
We are adjourned.
1023
00:43:52,833 --> 00:43:55,235
I'm filing a motion
1024
00:43:55,268 --> 00:43:58,271
for the judge to consider
reducing the verdict
to manslaughter.
1025
00:43:58,304 --> 00:43:59,806
I don't expect
it to fly--
1026
00:43:59,840 --> 00:44:01,407
We can appeal, right?
1027
00:44:01,441 --> 00:44:03,443
Yeah.
1028
00:44:03,476 --> 00:44:05,746
We'll appeal,
we'll win.
1029
00:44:05,779 --> 00:44:07,447
It won't end like this.
1030
00:44:07,480 --> 00:44:09,883
It'll be okay, Bobby.
1031
00:44:14,988 --> 00:44:16,422
Yeah.
1032
00:44:58,298 --> 00:44:59,566
You stinker!
73532
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