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1
00:00:02,160 --> 00:00:04,110
- Obviously, shockwaves
are running
2
00:00:04,110 --> 00:00:07,140
through the entire community,
as well as profound grief.
3
00:00:07,140 --> 00:00:10,100
Sister Caroline Oaks
was a beloved, beloved member
4
00:00:10,100 --> 00:00:11,200
of the church.
5
00:00:11,200 --> 00:00:14,010
Preliminary reports
say she was stabbed
6
00:00:14,010 --> 00:00:15,140
more than 30 times.
7
00:00:15,140 --> 00:00:16,180
- Oh, can you believe it?
8
00:00:16,180 --> 00:00:17,210
Just what I need.
9
00:00:17,210 --> 00:00:19,130
- Helen, it's a compliment.
10
00:00:19,130 --> 00:00:21,130
High-profile case,
you get the assignment, that's--
11
00:00:21,130 --> 00:00:22,220
- Too high-profile.
12
00:00:22,220 --> 00:00:24,040
I don't need that kind
of pressure.
13
00:00:24,040 --> 00:00:25,150
It makes my face break out.
14
00:00:25,150 --> 00:00:27,050
- Police were actually
responding to the calls
15
00:00:27,050 --> 00:00:29,150
of another kidnapping victim,
Cynthia Simonson,
16
00:00:29,150 --> 00:00:32,040
when they found
the nun's body in a closet.
17
00:00:32,040 --> 00:00:33,230
Unconfirmed reports indicate--
18
00:00:33,230 --> 00:00:35,110
- The arraignment's when?
- 9:00.
19
00:00:35,110 --> 00:00:36,230
- Maybe I'll stop by on my way
and watch.
20
00:00:36,230 --> 00:00:38,110
- Why?
- 'Cause it's high profile.
21
00:00:38,110 --> 00:00:39,210
And I want to be there
for your first pimple.
22
00:00:39,210 --> 00:00:41,190
- Ah, funny.
- This is big stuff, Helen.
23
00:00:41,190 --> 00:00:43,180
They must
consider you their go-to D.A.
24
00:00:43,180 --> 00:00:46,080
It's a compliment.
- Yeah, yeah, yeah.
25
00:00:58,130 --> 00:01:01,130
[dramatic music]
26
00:01:01,130 --> 00:01:09,120
♪ ♪
27
00:01:47,000 --> 00:01:48,170
- There he is!
- That's him!
28
00:01:48,170 --> 00:01:51,010
- Case number 32654,
29
00:01:51,010 --> 00:01:52,190
Commonwealth versus
Michael Kingston.
30
00:01:52,190 --> 00:01:54,080
Murder in the first degree.
31
00:01:54,080 --> 00:01:57,060
[shouting]
32
00:01:58,150 --> 00:02:02,170
- Quiet down.
I said quiet!
33
00:02:02,170 --> 00:02:04,090
Anybody
who disrupts this room
34
00:02:04,090 --> 00:02:06,130
will be removed, possibly
to a jail cell.
35
00:02:06,130 --> 00:02:08,170
I don't think
you want to test me.
36
00:02:08,170 --> 00:02:10,120
- Joseph Mapp for the defendant,
Your Honor.
37
00:02:10,120 --> 00:02:11,200
We'll waive reading.
38
00:02:11,200 --> 00:02:13,090
- Helen Gamble
for the Commonwealth.
39
00:02:13,090 --> 00:02:14,220
We'd obviously oppose bail.
40
00:02:14,220 --> 00:02:16,070
- Okay, let's conference.
41
00:02:16,070 --> 00:02:18,080
We can set the trial
date there, let...
42
00:02:22,090 --> 00:02:25,020
Counsel, I have great respect
for the public defenders,
43
00:02:25,020 --> 00:02:26,180
as well as your work
in particular.
44
00:02:26,180 --> 00:02:28,130
But given the magnitude
45
00:02:28,130 --> 00:02:31,140
of scrutiny this case
is likely to generate,
46
00:02:31,140 --> 00:02:32,170
together with the limits
47
00:02:32,170 --> 00:02:36,040
on your office's resources, I...
48
00:02:36,040 --> 00:02:40,160
Ms. Dole,
would you step up, please?
49
00:02:40,160 --> 00:02:41,170
Ms. Dole, did you hear me?
50
00:02:41,170 --> 00:02:43,110
Would you please come forward?
51
00:02:43,110 --> 00:02:44,160
- I hope you're not
thinking of--
52
00:02:44,160 --> 00:02:46,200
- You win.
Congratulations.
53
00:02:46,200 --> 00:02:48,220
- Your Honor--
- Get together with the D.A.
54
00:02:48,220 --> 00:02:50,190
Let's conference
as soon as possible.
55
00:02:50,190 --> 00:02:52,030
- Your Honor,
I regretfully have to decline.
56
00:02:52,030 --> 00:02:53,110
My schedule--
57
00:02:53,110 --> 00:02:54,200
- Counsel,
this wasn't a request.
58
00:02:54,200 --> 00:02:56,150
It's your case.
Next.
59
00:02:56,150 --> 00:03:00,010
- Case number 32655,
People versus Nathan.
60
00:03:03,190 --> 00:03:05,070
- Can she really
make me do this?
61
00:03:05,070 --> 00:03:07,010
She can't make me, can she?
Can she make me?
62
00:03:07,010 --> 00:03:08,160
- Where is she?
- Chambers.
63
00:03:08,160 --> 00:03:11,140
- Come on.
- Oh, come on.
64
00:03:11,140 --> 00:03:13,100
You love these cases!
65
00:03:13,100 --> 00:03:15,220
Granted, it doesn't involve
a chopped off head, but still--
66
00:03:15,220 --> 00:03:17,150
- We don't want this one.
67
00:03:17,150 --> 00:03:19,090
- Why?
- You know why.
68
00:03:19,090 --> 00:03:20,190
- Well, then, humor me.
69
00:03:20,190 --> 00:03:23,170
- The victim is a nun
stabbed 30 times.
70
00:03:23,170 --> 00:03:25,180
This kind of crime,
the stigma will run
71
00:03:25,180 --> 00:03:27,200
to the lawyers defending
the psycho who killed--
72
00:03:27,200 --> 00:03:30,050
- Again, I keep going back
to the client
73
00:03:30,050 --> 00:03:32,000
who cut off the girl's had.
74
00:03:32,000 --> 00:03:33,220
You defended him.
- He was innocent.
75
00:03:33,220 --> 00:03:35,090
- To the public, he wasn't.
76
00:03:35,090 --> 00:03:37,180
So you faced the same stigma
there, Bobby.
77
00:03:37,180 --> 00:03:41,040
- Which is why we don't need
to be the lawyers on this one.
78
00:03:41,040 --> 00:03:43,090
- Plus, the district
attorney is my roommate.
79
00:03:43,090 --> 00:03:45,040
That's grounds for
disqualification right there.
80
00:03:45,040 --> 00:03:46,160
- Not if the judge
is convinced
81
00:03:46,160 --> 00:03:48,150
you'll rise above
the potential conflict,
82
00:03:48,150 --> 00:03:50,060
which I am.
83
00:03:50,060 --> 00:03:52,060
- Helen Gamble is also
an ex-girlfriend of mine.
84
00:03:52,060 --> 00:03:54,140
- You've tried cases
against her before.
85
00:03:54,140 --> 00:03:55,170
- Your Honor...
86
00:03:55,170 --> 00:03:58,030
- Bobby,
if I were to recuse you
87
00:03:58,030 --> 00:03:59,220
every time you've slept
with the other side--
88
00:03:59,220 --> 00:04:01,110
- Hey!
89
00:04:01,110 --> 00:04:04,000
- There's already
a lynch mob mentality out there.
90
00:04:04,000 --> 00:04:05,170
You can see that.
91
00:04:05,170 --> 00:04:07,110
I need to ensure
he gets a legitimate
92
00:04:07,110 --> 00:04:09,020
and zealous defense.
93
00:04:09,020 --> 00:04:11,190
You people fight for murderers
better than anybody.
94
00:04:11,190 --> 00:04:13,200
- You can't force us
to take this case.
95
00:04:13,200 --> 00:04:16,080
- Of course I can.
It's exactly what I'm doing.
96
00:04:16,080 --> 00:04:17,160
Go defend him.
97
00:04:22,050 --> 00:04:24,100
- I got them down
to straight probation.
98
00:04:24,100 --> 00:04:25,210
I think we should jump.
99
00:04:25,210 --> 00:04:28,120
- But Jimmy,
if I take any guilty finding,
100
00:04:28,120 --> 00:04:30,050
I lose my job.
101
00:04:30,050 --> 00:04:31,140
I've got a morals clause
102
00:04:31,140 --> 00:04:33,120
which says,
"any criminal conviction."
103
00:04:33,120 --> 00:04:35,080
- Maybe we could talk
to your boss.
104
00:04:35,080 --> 00:04:36,090
- He can't waive it.
105
00:04:36,090 --> 00:04:37,210
There's a precedent.
106
00:04:37,210 --> 00:04:40,170
This is a company
with 32,000 employees.
107
00:04:40,170 --> 00:04:42,230
This isn't fair.
This isn't fair.
108
00:04:42,230 --> 00:04:45,100
- Mr. Burrows, it's not like
you didn't commit the crime.
109
00:04:45,100 --> 00:04:46,170
You offered the woman money.
110
00:04:46,170 --> 00:04:48,110
- But I never would have.
111
00:04:48,110 --> 00:04:50,230
I am sitting in a bar.
I'm minding my own business.
112
00:04:50,230 --> 00:04:54,070
And she came up to me.
113
00:04:54,070 --> 00:04:55,190
- We're gonna
go with entrapment.
114
00:04:55,190 --> 00:04:57,210
- Is there any chance
we could win?
115
00:04:57,210 --> 00:04:59,210
- Yes.
116
00:04:59,210 --> 00:05:02,020
- But not a good one.
117
00:05:02,020 --> 00:05:03,100
- Well, the way
I see it,
118
00:05:03,100 --> 00:05:04,100
I've got nothing to lose.
119
00:05:04,100 --> 00:05:05,230
- Yes, there is.
120
00:05:05,230 --> 00:05:08,040
You get convicted
at trial, you could do time.
121
00:05:10,140 --> 00:05:13,110
- Ms. Washington,
it isn't exactly like my life
122
00:05:13,110 --> 00:05:15,120
has a lot of dimension.
123
00:05:15,120 --> 00:05:17,160
I have a job,
124
00:05:17,160 --> 00:05:19,130
which I've put
in 16 years at.
125
00:05:19,130 --> 00:05:21,090
I've been
a complete company man,
126
00:05:21,090 --> 00:05:23,050
and they say I could stay on,
127
00:05:23,050 --> 00:05:26,210
but not if I have
a guilty finding.
128
00:05:26,210 --> 00:05:28,230
I want to roll the dice, Jimmy.
129
00:05:33,060 --> 00:05:35,020
- This is bad.
- Oh, could I tell you.
130
00:05:35,020 --> 00:05:36,080
- First of all,
if this thing goes to trial,
131
00:05:36,080 --> 00:05:37,160
we lose a fortune.
132
00:05:37,160 --> 00:05:39,030
The court ordered
fees are minimal.
133
00:05:39,030 --> 00:05:40,070
- I don't care about the money.
134
00:05:40,070 --> 00:05:41,110
- What's with the panic, then?
135
00:05:41,110 --> 00:05:42,110
We've done nasty cases before.
136
00:05:42,110 --> 00:05:43,230
- This was a nun, Eugene.
137
00:05:43,230 --> 00:05:45,200
Stabbed repeatedly.
- I understand.
138
00:05:45,200 --> 00:05:47,080
But we've defended
child killers.
139
00:05:47,080 --> 00:05:48,180
Are you upset
on religious grounds?
140
00:05:48,180 --> 00:05:50,020
- Have you been watching
the news?
141
00:05:50,020 --> 00:05:51,110
- Look, we could bring a motion
142
00:05:51,110 --> 00:05:52,230
before a different judge,
try to get out.
143
00:05:52,230 --> 00:05:54,090
- Arguing what?
- Hardship.
144
00:05:54,090 --> 00:05:55,140
That we're too overloaded
to take--
145
00:05:55,140 --> 00:05:59,140
- That won't fly.
Look.
146
00:05:59,140 --> 00:06:00,220
Look,
we've been assigned the case,
147
00:06:00,220 --> 00:06:02,090
so we do the job.
148
00:06:02,090 --> 00:06:04,070
Lindsay, meet the client.
- Oh, great.
149
00:06:04,070 --> 00:06:06,140
- Ellenor, I want you to draft
up a motion for a gag order.
150
00:06:06,140 --> 00:06:08,010
No doubt,
Helen will be trying this case
151
00:06:08,010 --> 00:06:09,230
in the media
every chance she gets.
152
00:06:09,230 --> 00:06:11,090
You and Lindsay
will try it if it gets that far,
153
00:06:11,090 --> 00:06:12,210
since we're better off
with women.
154
00:06:12,210 --> 00:06:14,090
- I'm moving out of criminal,
remember?
155
00:06:14,090 --> 00:06:15,210
- Never mind. Eugene, I'd like
you to do
156
00:06:15,210 --> 00:06:18,030
a memorandum on changing venue.
157
00:06:18,030 --> 00:06:19,180
We should try to move this thing
out of Boston.
158
00:06:19,180 --> 00:06:22,110
- How about LA?
- Lucy, good.
159
00:06:22,110 --> 00:06:25,050
All calls from the media,
we have no comment.
160
00:06:25,050 --> 00:06:27,060
- Wait, you're putting her
in charge of no comment?
161
00:06:27,060 --> 00:06:28,140
- I heard that.
162
00:06:28,140 --> 00:06:31,000
- Oh, you heard that?
Such radar.
163
00:06:31,000 --> 00:06:32,150
- All right, all right,
let's get to work.
164
00:06:35,150 --> 00:06:38,130
- It isn't fair.
The guy is like this sad sack.
165
00:06:38,130 --> 00:06:40,000
It was entrapment.
166
00:06:40,000 --> 00:06:41,150
- What do you want from me,
Jimmy?
167
00:06:41,150 --> 00:06:43,180
- You know I would never
ask a favor in a million years
168
00:06:43,180 --> 00:06:45,230
that I thought was,
you know, unethical.
169
00:06:45,230 --> 00:06:47,200
- I don't know that, actually.
170
00:06:47,200 --> 00:06:49,020
But go ahead.
171
00:06:49,020 --> 00:06:51,000
- The guy is getting
a bum shake.
172
00:06:51,000 --> 00:06:53,090
He's worked hard in his job,
and he's about to lose it
173
00:06:53,090 --> 00:06:57,060
because some undercover cop
got him aroused.
174
00:06:57,060 --> 00:06:58,190
It's vintage entrapment.
175
00:06:58,190 --> 00:07:00,140
- So make the argument.
176
00:07:00,140 --> 00:07:02,080
- I'd like to make it to you.
177
00:07:02,080 --> 00:07:04,220
Judge Cohen's going on vacation.
178
00:07:04,220 --> 00:07:07,150
This thing will get transferred
to one of six divisions,
179
00:07:07,150 --> 00:07:09,080
including yours.
180
00:07:09,080 --> 00:07:11,150
I know Mark Patsos, the clerk.
181
00:07:11,150 --> 00:07:13,100
I'd like him
to steer it your way.
182
00:07:13,100 --> 00:07:14,210
- That wouldn't be a good idea.
183
00:07:14,210 --> 00:07:16,110
I wouldn't kick it.
184
00:07:16,110 --> 00:07:19,020
From where I stand,
your client committed the crime.
185
00:07:19,020 --> 00:07:21,100
And second,
I don't appreciate your even
186
00:07:21,100 --> 00:07:23,030
asking what you're asking.
187
00:07:23,030 --> 00:07:24,220
It amounts to an ex parte
communication.
188
00:07:24,220 --> 00:07:26,120
It's wrong, and you know it.
189
00:07:26,120 --> 00:07:29,090
- I've got a good guy here.
- I don't care.
190
00:07:29,090 --> 00:07:30,170
- Fine.
191
00:07:30,170 --> 00:07:32,230
Forget it, fine.
- You're angry now.
192
00:07:32,230 --> 00:07:34,070
Just forget it.
I've got to go.
193
00:07:34,070 --> 00:07:36,060
- Hey, Jimmy, look,
194
00:07:36,060 --> 00:07:38,150
I understand you want
to help your friend.
195
00:07:38,150 --> 00:07:40,040
But you have to understand that
196
00:07:40,040 --> 00:07:43,200
once I put on that robe,
197
00:07:43,200 --> 00:07:46,180
I don't play favorites
for anybody.
198
00:07:50,210 --> 00:07:52,170
- Yeah.
199
00:07:52,170 --> 00:07:53,200
Yeah.
200
00:07:55,190 --> 00:07:58,000
I thought I'd just take a shot.
201
00:07:58,000 --> 00:07:59,190
- Oh, I do like that.
202
00:07:59,190 --> 00:08:04,030
You do take your shots.
203
00:08:04,030 --> 00:08:08,180
Say, why don't you come back
in a couple of hours, huh?
204
00:08:08,180 --> 00:08:10,020
When the robe is off.
205
00:08:24,010 --> 00:08:26,140
- Hello, I'm Lindsay Dole.
- I know.
206
00:08:26,140 --> 00:08:28,100
I was there
at the arraignment, remember?
207
00:08:28,100 --> 00:08:29,190
- Yes.
208
00:08:29,190 --> 00:08:33,120
Okay, first off,
attorney-client privilege.
209
00:08:33,120 --> 00:08:35,130
Anything you say obviously
goes no further, so...
210
00:08:35,130 --> 00:08:37,140
- Yes, but you don't want me
to be too truthful
211
00:08:37,140 --> 00:08:39,160
in case I want to testify.
212
00:08:39,160 --> 00:08:42,060
We have to preserve you
from lawyer ethic problems.
213
00:08:44,030 --> 00:08:47,120
- All right.
214
00:08:47,120 --> 00:08:51,090
Any thoughts on how a sliced
up nun got in your apartment?
215
00:08:51,090 --> 00:08:53,010
- I haven't a clue.
216
00:08:53,010 --> 00:08:56,160
How's that?
217
00:08:56,160 --> 00:09:00,120
- This woman, Cynthia Simonson,
who called the police,
218
00:09:00,120 --> 00:09:02,060
was she being held captive?
219
00:09:02,060 --> 00:09:05,070
- Shouldn't you get to know
a little bit about me first?
220
00:09:05,070 --> 00:09:08,140
I mean, I'm sure a nice person
such as yourself has conflicts
221
00:09:08,140 --> 00:09:11,180
defending something
so vile as me.
222
00:09:11,180 --> 00:09:14,170
- I kind of stay
emotionally neutral in my cases.
223
00:09:14,170 --> 00:09:18,180
So let's just stick
with the facts of the case.
224
00:09:18,180 --> 00:09:23,040
Let's start with the underlying
kidnap charge on the girl.
225
00:09:23,040 --> 00:09:24,200
- I didn't kidnap her.
226
00:09:24,200 --> 00:09:27,040
She came back
to my apartment willingly.
227
00:09:27,040 --> 00:09:29,210
She just found
herself locked in.
228
00:09:29,210 --> 00:09:31,120
And that would be false
imprisonment, by the way.
229
00:09:31,120 --> 00:09:34,030
That's a distinction
from kidnapping.
230
00:09:34,030 --> 00:09:36,040
This isn't your first
case, is it?
231
00:09:36,040 --> 00:09:38,000
- No, it isn't.
232
00:09:38,000 --> 00:09:40,170
- 'Cause you've got a little
virgin thing going on.
233
00:09:40,170 --> 00:09:45,050
Not that I don't like it.
234
00:09:45,050 --> 00:09:48,090
- Look, Mr. Kingston,
you're in jail right now either
235
00:09:48,090 --> 00:09:50,000
because you killed somebody
236
00:09:50,000 --> 00:09:52,140
or somebody else played you
for the perfect dupe.
237
00:09:52,140 --> 00:09:54,100
Either way,
I consider you pretty stupid.
238
00:09:54,100 --> 00:09:56,070
And if you think you're going
to intimidate me somehow,
239
00:09:56,070 --> 00:09:58,100
we can just forget that because
I really don't have the time.
240
00:09:58,100 --> 00:10:00,110
I'm representing you
because a judge ordered me to,
241
00:10:00,110 --> 00:10:02,090
and I will defend you
as best I can.
242
00:10:02,090 --> 00:10:06,080
But don't mistake my efforts
for caring.
243
00:10:06,080 --> 00:10:07,220
You disgust me.
244
00:10:13,190 --> 00:10:15,210
- The reason
he even knew her is
245
00:10:15,210 --> 00:10:18,000
because she reached out
to help him.
246
00:10:18,000 --> 00:10:19,090
- How so?
247
00:10:19,090 --> 00:10:21,200
- He would show up
at the church sometimes,
248
00:10:21,200 --> 00:10:26,130
angry, despondent.
249
00:10:26,130 --> 00:10:29,200
One time,
Caroline approached him.
250
00:10:29,200 --> 00:10:32,130
That was the thing
about Caroline.
251
00:10:32,130 --> 00:10:35,130
She was there for everybody.
252
00:10:35,130 --> 00:10:38,210
- Being there
for him got her killed.
253
00:10:38,210 --> 00:10:40,170
- Three nights ago,
she went to see him?
254
00:10:40,170 --> 00:10:41,170
- Yes.
255
00:10:41,170 --> 00:10:43,120
She got a call from him,
256
00:10:43,120 --> 00:10:47,230
and he asked if she could come
visit him at his apartment.
257
00:10:47,230 --> 00:10:50,170
She knew nothing
about his criminal record.
258
00:10:50,170 --> 00:10:52,230
We told the police all this.
259
00:10:52,230 --> 00:10:55,210
- I understand,
but his lawyers are good,
260
00:10:55,210 --> 00:10:57,170
and they may take this to trial.
261
00:10:57,170 --> 00:11:01,070
I just don't want
to be surprised by anything.
262
00:11:01,070 --> 00:11:03,060
For example,
they might even claim
263
00:11:03,060 --> 00:11:04,200
that Michael Kingston
264
00:11:04,200 --> 00:11:07,210
and Sister Caroline were having
a physical relationship.
265
00:11:07,210 --> 00:11:11,010
- What?
- Their job is to get him off.
266
00:11:11,010 --> 00:11:13,010
They're not
beneath arguing anything.
267
00:11:13,010 --> 00:11:16,160
- Caroline wasn't having
any physical relationship.
268
00:11:16,160 --> 00:11:18,170
If that's gonna
be their legal strategy,
269
00:11:18,170 --> 00:11:19,210
good luck to them.
270
00:11:19,210 --> 00:11:21,110
They got the wrong nun.
271
00:11:21,110 --> 00:11:25,190
She went there to help a man
she thought was in need.
272
00:11:25,190 --> 00:11:29,020
- Ms. Gamble, you are going
to put this man in jail,
273
00:11:29,020 --> 00:11:31,100
aren't you?
274
00:11:31,100 --> 00:11:34,050
- Yes, I'm definitely
gonna do that.
275
00:11:46,070 --> 00:11:48,050
- This woman, Cynthia Simonson.
276
00:11:48,050 --> 00:11:50,090
You say you didn't kidnap her.
277
00:11:50,090 --> 00:11:52,180
- I met her at a bar
in Kenmore Square.
278
00:11:52,180 --> 00:11:54,100
She left with me.
279
00:11:54,100 --> 00:11:55,190
Happily.
280
00:11:55,190 --> 00:11:57,080
She was at the bar with friends.
Ask them.
281
00:11:57,080 --> 00:11:59,180
- And you came back
to your apartment.
282
00:11:59,180 --> 00:12:01,150
- To play Scrabble.
283
00:12:01,150 --> 00:12:03,050
- We're back to being cute now?
284
00:12:03,050 --> 00:12:06,170
- She left with me to spend the
night together,
285
00:12:06,170 --> 00:12:08,070
which we did.
286
00:12:08,070 --> 00:12:10,080
- Then why'd you keep
her locked up inside?
287
00:12:10,080 --> 00:12:11,150
- I didn't.
288
00:12:11,150 --> 00:12:13,110
I went out to get coffee
in the morning,
289
00:12:13,110 --> 00:12:15,140
and I have a barred door
with padlock.
290
00:12:15,140 --> 00:12:16,200
It's the only way it locks.
291
00:12:16,200 --> 00:12:19,050
- And the reason
you have a barred door?
292
00:12:19,050 --> 00:12:22,090
- Safety.
I don't want to get ripped off.
293
00:12:22,090 --> 00:12:23,190
Plus which, I had a nun
in my closet.
294
00:12:23,190 --> 00:12:25,130
I didn't want people popping in.
295
00:12:28,060 --> 00:12:30,090
[shouting]
- Come on.
296
00:12:30,090 --> 00:12:31,160
Back off!
297
00:12:31,160 --> 00:12:33,160
- You got your car here?
- I walked.
298
00:12:33,160 --> 00:12:34,200
Well, you won't be walking back.
299
00:12:34,200 --> 00:12:36,050
We'll get you to a cab.
300
00:12:36,050 --> 00:12:37,100
- You know where the back
entrance is?
301
00:12:37,100 --> 00:12:38,170
- Yeah.
- Yeah, use it next time.
302
00:12:38,170 --> 00:12:40,210
- Back off!
303
00:12:40,210 --> 00:12:42,190
- Why me?
Why always me?
304
00:12:42,190 --> 00:12:44,060
- Well, it won't be you
from here on in.
305
00:12:44,060 --> 00:12:45,200
I'll be with you every step.
306
00:12:45,200 --> 00:12:48,090
What about the supposed
kidnapping of the college girl?
307
00:12:48,090 --> 00:12:50,100
- He said she went back
to his place voluntarily.
308
00:12:50,100 --> 00:12:52,140
- What difference does it make?
He carved up a nun.
309
00:12:52,140 --> 00:12:54,020
- No, it may raise
fourth amendment issues.
310
00:12:54,020 --> 00:12:55,170
Do we have an address on her?
311
00:12:55,170 --> 00:12:57,160
- It's in my coat pocket,
probably soaked in yolk.
312
00:12:57,160 --> 00:12:59,120
- Ellenor, try to talk
to this girl.
313
00:12:59,120 --> 00:13:01,170
Eugene, I guess we should try
to make contact with Dr. Crane
314
00:13:01,170 --> 00:13:03,090
in case we want
to go with insanity.
315
00:13:03,090 --> 00:13:05,080
- Dr. Crane charges five grand.
This is court-appointed.
316
00:13:05,080 --> 00:13:07,020
And the state will never
authorize that sort of--
317
00:13:07,020 --> 00:13:09,030
- Just give him a call in case
we want to go that route.
318
00:13:09,030 --> 00:13:11,120
Given what he did, there's got
to be a chance he's insane.
319
00:13:11,120 --> 00:13:14,220
- So we're going to the mat
for this psycho?
320
00:13:14,220 --> 00:13:16,050
- Do we have a choice?
321
00:13:19,170 --> 00:13:21,160
- We had a few drinks, talked.
322
00:13:21,160 --> 00:13:23,000
- And at some point, officer,
323
00:13:23,000 --> 00:13:25,050
you told him
you were a prostitute.
324
00:13:25,050 --> 00:13:27,040
- I said I was a lady
of the evening, yes.
325
00:13:27,040 --> 00:13:29,020
- And how did Mr. Burrows
respond to that?
326
00:13:29,020 --> 00:13:31,110
- He was surprised at first,
maybe shocked.
327
00:13:31,110 --> 00:13:33,060
- What happened next?
- We kept talking.
328
00:13:33,060 --> 00:13:34,130
I eventually asked him
if he'd like
329
00:13:34,130 --> 00:13:36,030
to go upstairs
to his hotel room.
330
00:13:36,030 --> 00:13:37,090
He said yes.
331
00:13:37,090 --> 00:13:38,200
- Did you ever
quote him a price?
332
00:13:38,200 --> 00:13:41,110
- $400.
- And then?
333
00:13:41,110 --> 00:13:43,100
- We went upstairs,
he paid me the money,
334
00:13:43,100 --> 00:13:46,190
at which point I told him I was
an undercover police officer.
335
00:13:46,190 --> 00:13:48,210
I placed him under arrest,
read him his rights,
336
00:13:48,210 --> 00:13:50,090
and took him into custody.
337
00:13:55,110 --> 00:13:58,050
- Why were you working this bar
undercover?
338
00:13:58,050 --> 00:13:59,190
- Mainly because high-priced
call girls were.
339
00:13:59,190 --> 00:14:01,070
It was a problem.
340
00:14:01,070 --> 00:14:03,210
- And this was an upscale hotel
bar, right officer?
341
00:14:03,210 --> 00:14:04,210
- Yes.
342
00:14:04,210 --> 00:14:06,070
- A lot of out-of-town business
343
00:14:06,070 --> 00:14:08,010
people frequented it,
including many
344
00:14:08,010 --> 00:14:10,040
law-abiding people, right?
- Yes.
345
00:14:10,040 --> 00:14:11,230
- In fact, mostly law-abiding,
wouldn't you say?
346
00:14:11,230 --> 00:14:13,110
- Probably.
347
00:14:13,110 --> 00:14:15,000
- And you weren't out
to sting my client
348
00:14:15,000 --> 00:14:16,220
specifically, were you?
- No.
349
00:14:16,220 --> 00:14:18,200
- In fact, you didn't even know
who he was when you sat down.
350
00:14:18,200 --> 00:14:20,070
- No, I didn't.
351
00:14:20,070 --> 00:14:21,190
- And when you first sat down
next to him,
352
00:14:21,190 --> 00:14:23,180
you told him you were
an executive secretary;
353
00:14:23,180 --> 00:14:25,060
isn't that right?
- Yes.
354
00:14:25,060 --> 00:14:26,180
- How long were
the two of you
355
00:14:26,180 --> 00:14:28,200
talking before you said
you were a prostitute?
356
00:14:28,200 --> 00:14:31,000
- Maybe an hour or so.
- An hour or so?
357
00:14:31,000 --> 00:14:33,060
So for a while,
he could've thought,
358
00:14:33,060 --> 00:14:35,180
"Hey, this woman
thinks I'm attractive."
359
00:14:35,180 --> 00:14:37,010
That possible?
360
00:14:37,010 --> 00:14:39,050
- I guess.
- You guess?
361
00:14:39,050 --> 00:14:41,160
Well, in fact,
that was the idea, wasn't it?
362
00:14:41,160 --> 00:14:43,050
- I suppose it was.
363
00:14:43,050 --> 00:14:46,160
- So before you told him
that you worked for hire,
364
00:14:46,160 --> 00:14:49,190
do you think it was possible
he was already hoping
365
00:14:49,190 --> 00:14:51,050
maybe something
366
00:14:51,050 --> 00:14:53,190
could happen upstairs
in his hotel room?
367
00:14:53,190 --> 00:14:55,010
- I don't know
what he was thinking.
368
00:14:55,010 --> 00:14:56,140
- Did you feel,
369
00:14:56,140 --> 00:14:58,160
sitting there, he was physically
attracted to you?
370
00:14:58,160 --> 00:15:00,120
- Yes, I did.
371
00:15:00,120 --> 00:15:03,070
- Your Honor, I'd like to see
her as she was that night.
372
00:15:03,070 --> 00:15:04,200
- Objection.
There's no point--
373
00:15:04,200 --> 00:15:07,090
- It certainly goes
to our entrapment defense.
374
00:15:07,090 --> 00:15:08,200
- I agree.
375
00:15:08,200 --> 00:15:10,080
The court will be adjourned
for one hour.
376
00:15:10,080 --> 00:15:12,080
The witness
will return in the same attire
377
00:15:12,080 --> 00:15:15,170
she wore that evening.
378
00:15:15,170 --> 00:15:17,050
- Life with parole,
379
00:15:17,050 --> 00:15:18,230
we both save ourselves
a lot of aggravation.
380
00:15:18,230 --> 00:15:20,140
- Are you out of your mind?
381
00:15:20,140 --> 00:15:22,010
- He could have been out of his,
Helen, in which case--
382
00:15:22,010 --> 00:15:23,120
- There's no way
I'm making any deal
383
00:15:23,120 --> 00:15:25,090
which allows this guy
to see the street again.
384
00:15:25,090 --> 00:15:26,210
- I understand
the public outcry, but--
385
00:15:26,210 --> 00:15:28,220
- It has nothing
to do with public outcry.
386
00:15:37,210 --> 00:15:41,030
Look at what he did.
387
00:15:41,030 --> 00:15:44,100
That's how she was found.
388
00:15:44,100 --> 00:15:47,220
You want him free one day?
389
00:15:47,220 --> 00:15:50,000
- No.
390
00:15:50,000 --> 00:15:51,090
But if you don't
offer us something,
391
00:15:51,090 --> 00:15:55,000
we have no choice
but to go to trial.
392
00:15:55,000 --> 00:15:56,200
We'll agree to life.
393
00:15:56,200 --> 00:15:58,160
- I can't agree to parole,
come on.
394
00:15:58,160 --> 00:16:00,020
Did you really expect me to?
395
00:16:00,020 --> 00:16:01,190
- I don't feel
like devoting six months
396
00:16:01,190 --> 00:16:03,020
of my life to this guy.
397
00:16:03,020 --> 00:16:05,170
- Judge Hiller did that to you,
not me.
398
00:16:12,210 --> 00:16:14,200
- Could you stand facing
the front?
399
00:16:18,050 --> 00:16:19,100
Okay.
400
00:16:19,100 --> 00:16:21,010
Now facing me.
401
00:16:24,160 --> 00:16:26,180
Could you just walk
over to the foreman.
402
00:16:26,180 --> 00:16:28,160
Hold his hand.
- Objection.
403
00:16:28,160 --> 00:16:33,130
- A woman like this touches you,
it has an effect, Your Honor.
404
00:16:33,130 --> 00:16:35,070
- Go ahead.
405
00:16:43,190 --> 00:16:46,010
- Now smile at him
like you did my client.
406
00:16:48,070 --> 00:16:49,230
- Objection.
407
00:16:49,230 --> 00:16:51,170
Objection!
408
00:16:56,140 --> 00:16:58,070
- I really
appreciate you coming in.
409
00:16:58,070 --> 00:16:59,180
- Well,
you shouldn't thank me too fast.
410
00:16:59,180 --> 00:17:01,150
I have absolutely no intention
of helping him.
411
00:17:01,150 --> 00:17:03,080
- Believe me,
we completely understand.
412
00:17:03,080 --> 00:17:06,070
We just have a few questions.
413
00:17:06,070 --> 00:17:07,140
- The police say
that you were locked
414
00:17:07,140 --> 00:17:09,100
inside Mr. Kingston's home.
415
00:17:09,100 --> 00:17:11,140
- Yeah, it was like one
of those barricade doors.
416
00:17:11,140 --> 00:17:14,040
- And you went there willingly,
correct?
417
00:17:14,040 --> 00:17:15,070
- Yeah, I spent the night.
418
00:17:18,150 --> 00:17:22,030
- At what point did you decide
that you were kidnapped?
419
00:17:22,030 --> 00:17:24,020
- When I woke up.
420
00:17:24,020 --> 00:17:27,120
He was gone,
and I couldn't get out.
421
00:17:27,120 --> 00:17:28,180
The door was padlocked.
422
00:17:28,180 --> 00:17:30,140
I called the police.
I was panicked.
423
00:17:30,140 --> 00:17:32,040
- And when they got there,
424
00:17:32,040 --> 00:17:34,070
you told them that
there were guns in the closet?
425
00:17:34,070 --> 00:17:36,040
- I told them
that's what he told me.
426
00:17:43,110 --> 00:17:45,180
- And that's
when they opened it up?
427
00:17:45,180 --> 00:17:49,070
- Yeah, that's the last thing
I remember before passing out.
428
00:17:49,070 --> 00:17:51,000
When they opened
the door, and I...
429
00:17:54,070 --> 00:17:57,140
I spent the night with him.
430
00:17:57,140 --> 00:17:59,080
I could've been next.
431
00:18:04,160 --> 00:18:08,020
- Good news or bad,
depending on how you look at it.
432
00:18:08,020 --> 00:18:09,180
- What?
433
00:18:09,180 --> 00:18:12,140
- We got a shot
at getting this case kicked.
434
00:18:12,140 --> 00:18:14,210
- Excuse me?
- Fourth amendment.
435
00:18:14,210 --> 00:18:17,010
Could be a bogus search.
- How do you figure?
436
00:18:17,010 --> 00:18:18,190
They moved in on a kidnap.
437
00:18:18,190 --> 00:18:20,170
- There was no kidnap
here, Bobby.
438
00:18:20,170 --> 00:18:22,130
He was coming back
to the place with donuts.
439
00:18:22,130 --> 00:18:23,180
- The police didn't know that.
440
00:18:23,180 --> 00:18:25,110
- Bobby,
there was nothing exigent.
441
00:18:25,110 --> 00:18:26,220
- The arresting officer's taking
the stand tomorrow
442
00:18:26,220 --> 00:18:28,090
at the P.C. hearing.
443
00:18:28,090 --> 00:18:29,170
If he says
what I think he's going to,
444
00:18:29,170 --> 00:18:31,120
our little nun killer
could walk.
445
00:18:31,120 --> 00:18:34,120
- Lindsay, there was a woman
locked up inside his apartment
446
00:18:34,120 --> 00:18:36,100
and a chopped up nun.
447
00:18:36,100 --> 00:18:37,130
- And I'm telling you
we might be able
448
00:18:37,130 --> 00:18:39,190
to suppress the chopped up nun.
449
00:18:42,120 --> 00:18:45,050
- I don't really want to.
450
00:18:45,050 --> 00:18:46,230
- You think I do?
451
00:18:58,000 --> 00:19:00,020
- You've been kind of quiet.
- Me?
452
00:19:00,020 --> 00:19:03,160
Well, you try taking the side
of evil.
453
00:19:03,160 --> 00:19:06,010
- Yeah, well,
I'd say let's head in together,
454
00:19:06,010 --> 00:19:08,110
but my hair doesn't like
egg shampoo, so...
455
00:19:08,110 --> 00:19:09,210
- Well, you know, we're supposed
to be on different sides.
456
00:19:09,210 --> 00:19:11,010
It wouldn't look so good
if we marched
457
00:19:11,010 --> 00:19:12,230
in together, would it?
- No.
458
00:19:12,230 --> 00:19:14,160
See you there?
- See you there.
459
00:19:21,100 --> 00:19:23,160
- She has no idea
she's about to be ambushed.
460
00:19:23,160 --> 00:19:25,010
I feel like a snake.
461
00:19:25,010 --> 00:19:26,070
- Lindsay,
it would have been unethical
462
00:19:26,070 --> 00:19:27,100
for you to give her the idea.
463
00:19:27,100 --> 00:19:30,180
[shouting]
464
00:19:30,180 --> 00:19:32,060
- Would you clear them out?
465
00:19:32,060 --> 00:19:34,160
- Open to the public.
- This is incitement!
466
00:19:34,160 --> 00:19:36,120
- Let's just keep moving,
please.
467
00:19:38,180 --> 00:19:40,040
- I paid the woman the money.
468
00:19:40,040 --> 00:19:42,180
I don't deny that.
- But?
469
00:19:42,180 --> 00:19:46,020
- But I didn't go into the bar
looking for a call girl.
470
00:19:46,020 --> 00:19:47,120
I sat down
at the bar,
471
00:19:47,120 --> 00:19:50,190
I ordered a nightcap,
then she sat down.
472
00:19:50,190 --> 00:19:52,080
- Okay, but Mr. Burrows,
473
00:19:52,080 --> 00:19:55,000
she didn't force
you to hire her services.
474
00:19:55,000 --> 00:19:56,040
- We were talking.
475
00:19:56,040 --> 00:19:58,020
Getting along.
476
00:19:58,020 --> 00:20:00,020
You know, I should have known
something was up.
477
00:20:00,020 --> 00:20:03,070
Pretty women
never come up to me.
478
00:20:03,070 --> 00:20:06,130
Things were getting flirtatious.
479
00:20:06,130 --> 00:20:10,050
And I started thinking,
hotel bar,
480
00:20:10,050 --> 00:20:12,180
I'm on the road,
she says she's on the road.
481
00:20:12,180 --> 00:20:14,110
And my mind is going right
482
00:20:14,110 --> 00:20:16,170
to where a man's mind
goes to in these situations.
483
00:20:16,170 --> 00:20:18,060
- Which is where?
484
00:20:18,060 --> 00:20:21,070
- My penis.
- Mr. Burrows!
485
00:20:21,070 --> 00:20:23,160
- I'm just being honest.
486
00:20:23,160 --> 00:20:26,060
I haven't slept with a woman
in four years.
487
00:20:26,060 --> 00:20:28,000
I don't even go looking for it.
488
00:20:28,000 --> 00:20:29,180
I'm a realist.
489
00:20:29,180 --> 00:20:32,190
But now, suddenly I'm thinking
this is a possibility.
490
00:20:32,190 --> 00:20:34,070
- And then?
491
00:20:34,070 --> 00:20:36,060
- Then she tells me she's a lady
of the evening.
492
00:20:36,060 --> 00:20:38,150
- And how did you respond?
493
00:20:38,150 --> 00:20:40,050
- I was crushed.
494
00:20:40,050 --> 00:20:41,200
One minute,
I was thinking
495
00:20:41,200 --> 00:20:45,080
this beautiful woman
was actually attracted to me,
496
00:20:45,080 --> 00:20:48,010
and then the next, I come
crashing back down to Earth.
497
00:20:48,010 --> 00:20:51,050
But as we continue talking,
I begin to realize
498
00:20:51,050 --> 00:20:54,040
why she's sitting there
and smiling at me.
499
00:20:54,040 --> 00:20:56,170
And it occurs to me
that this possibility
500
00:20:56,170 --> 00:20:59,050
that I'd been so excited about,
501
00:20:59,050 --> 00:21:01,040
that still exists.
502
00:21:01,040 --> 00:21:05,160
And all of these little dreams
I had been dreaming--
503
00:21:05,160 --> 00:21:08,060
Well, suddenly
$400 seemed cheap,
504
00:21:08,060 --> 00:21:10,160
and I said yes.
505
00:21:10,160 --> 00:21:13,030
She got me as thirsty
as she could,
506
00:21:13,030 --> 00:21:14,180
she led me
to a trough,
507
00:21:14,180 --> 00:21:18,070
and then I get arrested
because I wanted to drink.
508
00:21:20,010 --> 00:21:22,020
- We were responding to a 911.
509
00:21:22,020 --> 00:21:23,100
When we got there,
we found the girl
510
00:21:23,100 --> 00:21:25,030
behind the padlocked steel door.
511
00:21:25,030 --> 00:21:26,130
- Then what happened?
512
00:21:26,130 --> 00:21:28,080
- We cut through the door,
freed the woman.
513
00:21:28,080 --> 00:21:32,190
She told us the suspect had guns
or something in the closet.
514
00:21:32,190 --> 00:21:35,040
We opened the closet door
515
00:21:35,040 --> 00:21:38,170
and found the remains
of the nun.
516
00:21:38,170 --> 00:21:40,040
- After you cut
through the front door
517
00:21:40,040 --> 00:21:42,190
to reach Ms. Simonson,
518
00:21:42,190 --> 00:21:45,190
there was no real emergency,
was there, officer?
519
00:21:45,190 --> 00:21:47,090
- I suppose not.
520
00:21:47,090 --> 00:21:49,000
- And did you feel
Ms. Simonson had the authority
521
00:21:49,000 --> 00:21:51,120
to give you permission
to open the closet?
522
00:21:51,120 --> 00:21:52,230
- Well...
523
00:21:52,230 --> 00:21:54,180
- You knew it wasn't her home,
right?
524
00:21:57,210 --> 00:22:00,180
And by the way,
how did you open the closet?
525
00:22:00,180 --> 00:22:02,130
- Crowbar.
526
00:22:02,130 --> 00:22:04,080
- Your Honor,
at this time, the defense
527
00:22:04,080 --> 00:22:06,110
asks that you suppress
the entire contents
528
00:22:06,110 --> 00:22:08,050
of that closet.
529
00:22:13,200 --> 00:22:17,030
- Quiet down.
530
00:22:17,030 --> 00:22:19,050
I'll see Counsel in chambers.
531
00:22:24,210 --> 00:22:27,210
- It's a no-brainer.
No exigency, no plain sight.
532
00:22:27,210 --> 00:22:30,060
- The police were responding to
what they thought was a kidnap.
533
00:22:30,060 --> 00:22:32,030
- But after they went in,
they had the girl.
534
00:22:32,030 --> 00:22:33,180
- And if there's cause
for an arrest,
535
00:22:33,180 --> 00:22:35,050
there's cause for
a search incident to an arrest.
536
00:22:35,050 --> 00:22:37,000
- Did you just make that up?
- Hold on.
537
00:22:37,000 --> 00:22:38,220
- They could have secured
the premises, got the warrant.
538
00:22:38,220 --> 00:22:40,070
They could have come back
and searched.
539
00:22:40,070 --> 00:22:42,050
Instead, they just
skipped the warrant.
540
00:22:42,050 --> 00:22:44,090
- If there was one kidnap,
there could have been two.
541
00:22:44,090 --> 00:22:46,010
Somebody clearly could have been
in that closet.
542
00:22:46,010 --> 00:22:47,130
- Oh, come on.
- Oh, Helen, don't insult--
543
00:22:47,130 --> 00:22:50,050
- All right,
let's just cut through this.
544
00:22:50,050 --> 00:22:52,060
I'm told you'd agree to life
with parole.
545
00:22:52,060 --> 00:22:53,140
Let's just do that.
546
00:22:53,140 --> 00:22:55,080
- That offer isn't on the table
anymore.
547
00:22:55,080 --> 00:22:57,120
- Bobby, I suggest you take it.
- Why?
548
00:22:57,120 --> 00:23:00,130
- Because that officer
could have reasonably believed
549
00:23:00,130 --> 00:23:02,100
there were
exigent circumstances.
550
00:23:02,100 --> 00:23:03,170
- What?
- He's a young kid.
551
00:23:03,170 --> 00:23:05,010
He comes upon a kidnap.
552
00:23:05,010 --> 00:23:06,090
- Hold on a second.
553
00:23:06,090 --> 00:23:07,190
- Lower your voice, please.
554
00:23:07,190 --> 00:23:09,100
- You stuck us on this case
to do a job.
555
00:23:09,100 --> 00:23:11,060
- Which I'm grateful for.
556
00:23:11,060 --> 00:23:13,200
- And you got to do yours.
- Don't you raise your voice.
557
00:23:13,200 --> 00:23:15,190
- You're looking
to avoid setting this guy free.
558
00:23:15,190 --> 00:23:17,180
I get it.
But the search was bad.
559
00:23:17,180 --> 00:23:19,020
- I said lower your voice.
560
00:23:19,020 --> 00:23:20,160
- There were no exigent
circumstances.
561
00:23:20,160 --> 00:23:22,170
The suspect wasn't even there.
562
00:23:22,170 --> 00:23:24,080
They knew
the girl had no authority
563
00:23:24,080 --> 00:23:25,190
to say yes to the search.
564
00:23:25,190 --> 00:23:27,120
They had to get a warrant.
They didn't.
565
00:23:27,120 --> 00:23:29,020
They screwed up.
566
00:23:29,020 --> 00:23:30,210
And everybody in this room
knows they screwed up.
567
00:23:30,210 --> 00:23:33,070
- And if you suppress
the contents of that closet,
568
00:23:33,070 --> 00:23:34,190
this guy walks.
569
00:23:34,190 --> 00:23:36,050
We all know that too.
570
00:23:36,050 --> 00:23:40,220
The victim
and the weapon were inside.
571
00:23:40,220 --> 00:23:42,150
- I'll hear all arguments
tomorrow.
572
00:23:42,150 --> 00:23:44,050
- Why?
- Because I want to.
573
00:23:44,050 --> 00:23:45,150
It's my prerogative.
574
00:23:45,150 --> 00:23:47,010
Do you keep forgetting
I'm the judge?
575
00:23:47,010 --> 00:23:49,070
- Let's not you forget it.
576
00:23:49,070 --> 00:23:54,020
- Oral arguments
at 10:00 tomorrow.
577
00:23:54,020 --> 00:23:55,140
- I'll see Ms. Gamble alone.
578
00:23:55,140 --> 00:23:58,000
- Why?
- Hey, out!
579
00:24:05,040 --> 00:24:08,000
You better give me something,
Helen.
580
00:24:08,000 --> 00:24:09,220
I don't want
to set him free any more
581
00:24:09,220 --> 00:24:11,050
than you want me to,
582
00:24:11,050 --> 00:24:12,160
but you better
give me something,
583
00:24:12,160 --> 00:24:14,100
because...
584
00:24:19,030 --> 00:24:21,060
- Your Honor.
585
00:24:21,060 --> 00:24:24,100
- Go get something.
586
00:24:24,100 --> 00:24:26,070
You haven't got much time.
587
00:24:30,170 --> 00:24:32,220
- Under the belief
this woman was a prostitute,
588
00:24:32,220 --> 00:24:36,070
you agreed to pay her
$400 for sex.
589
00:24:36,070 --> 00:24:38,080
- She had me
in an aroused state.
590
00:24:38,080 --> 00:24:39,090
- Is that your defense?
591
00:24:39,090 --> 00:24:41,020
You were in an aroused state?
592
00:24:41,020 --> 00:24:44,030
- My defense is entrapment.
593
00:24:44,030 --> 00:24:46,010
And this crime
would never have happened
594
00:24:46,010 --> 00:24:47,100
if she hadn't come along.
595
00:24:47,100 --> 00:24:50,150
- You agreed to pay her
$400 for sex.
596
00:24:50,150 --> 00:24:52,140
- Yes, Mr. Tisbury.
597
00:24:52,140 --> 00:24:54,130
They got me.
Good for them.
598
00:24:54,130 --> 00:24:55,230
- Your Honor, I--
- No, no.
599
00:24:55,230 --> 00:24:57,130
Jimmy, don't tell me
to calm down.
600
00:24:57,130 --> 00:24:58,210
Now I'm angry.
Now, listen.
601
00:24:58,210 --> 00:25:01,070
I pay my taxes,
and this is what I get?
602
00:25:01,070 --> 00:25:04,100
The government is waving
illegal candy bars in my face
603
00:25:04,100 --> 00:25:06,020
hoping that I will bite!
604
00:25:06,020 --> 00:25:08,020
- And you did bite,
didn't you, sir?
605
00:25:08,020 --> 00:25:11,120
- Which brings me right back
to congratulations!
606
00:25:11,120 --> 00:25:13,160
Listen, you know, maybe
you ought to litter the streets
607
00:25:13,160 --> 00:25:16,010
with $20 bills
next and bust the homeless
608
00:25:16,010 --> 00:25:17,200
when they don't turn them in.
609
00:25:26,060 --> 00:25:28,080
- What the hell was that?
- I'm angry.
610
00:25:28,080 --> 00:25:30,080
- Our chances ride on sympathy,
and you just blew it.
611
00:25:30,080 --> 00:25:31,150
- I don't care.
612
00:25:31,150 --> 00:25:32,150
When I think
about what they did--
613
00:25:32,150 --> 00:25:34,010
- No, you did it.
614
00:25:34,010 --> 00:25:35,110
They maybe brought you
to the trough,
615
00:25:35,110 --> 00:25:36,180
but you did drink, Clyde.
616
00:25:36,180 --> 00:25:38,040
- I wanted to drink.
617
00:25:38,040 --> 00:25:39,230
I wanted to bite.
But I didn't.
618
00:25:39,230 --> 00:25:41,110
- 'Cause you got arrested
before you could!
619
00:25:41,110 --> 00:25:43,230
- All right, Clyde,
if we can still settle--
620
00:25:43,230 --> 00:25:46,090
- No!
621
00:25:46,090 --> 00:25:48,190
You know something,
Jimmy, I'm a weak person.
622
00:25:48,190 --> 00:25:50,050
I know that.
623
00:25:50,050 --> 00:25:52,090
But I never broke a damn law
in my life.
624
00:25:52,090 --> 00:25:54,100
- Well, you broke this one.
- They caused me to.
625
00:25:54,100 --> 00:25:56,180
And it just isn't fair.
626
00:26:01,060 --> 00:26:02,170
- Anything and everything on
search and seizure.
627
00:26:02,170 --> 00:26:04,030
Get on Westlaw.
628
00:26:04,030 --> 00:26:05,230
Check the Virginia case
that threw out Miranda.
629
00:26:05,230 --> 00:26:08,230
Forget lunch, forget dinner.
I need those citations by 7:00.
630
00:26:08,230 --> 00:26:10,080
Go, go, go.
631
00:26:12,220 --> 00:26:13,220
- Don't tell me.
632
00:26:13,220 --> 00:26:15,080
- The officers screwed up, Mark.
633
00:26:15,080 --> 00:26:17,010
Now I'm screwed going in there.
634
00:26:17,010 --> 00:26:18,120
- Helen, if he walks, this...
635
00:26:18,120 --> 00:26:19,200
- He's going to walk, Mark.
636
00:26:19,200 --> 00:26:24,030
Unless...
637
00:26:24,030 --> 00:26:26,140
Between now and 10:00
tomorrow morning,
638
00:26:26,140 --> 00:26:28,030
I have to find something.
639
00:26:44,040 --> 00:26:47,050
- How up to date
are you on the fourth amendment?
640
00:26:47,050 --> 00:26:49,080
- The fourth amendment?
641
00:26:49,080 --> 00:26:50,190
It's an embarrassment.
642
00:26:50,190 --> 00:26:54,080
What else you need to know?
643
00:26:54,080 --> 00:26:57,060
What's wrong?
644
00:26:57,060 --> 00:27:00,130
- I may have to set
the nun killer free.
645
00:27:00,130 --> 00:27:02,130
- What?
- Warrantless search.
646
00:27:02,130 --> 00:27:04,190
Stupid police mistake.
647
00:27:04,190 --> 00:27:06,060
- Oh, God.
648
00:27:06,060 --> 00:27:08,170
- Maybe I should just
look the other way.
649
00:27:08,170 --> 00:27:10,120
Let the appeals
court do the dirty work.
650
00:27:10,120 --> 00:27:11,150
- That isn't you, Zoey.
651
00:27:11,150 --> 00:27:12,210
We both know that.
652
00:27:12,210 --> 00:27:15,150
- Suppose I transfer it
over to you?
653
00:27:15,150 --> 00:27:18,180
- Well, it's not me either.
654
00:27:18,180 --> 00:27:21,220
Besides which,
I'm having a little thing
655
00:27:21,220 --> 00:27:23,150
with one of the lawyers
at Bobby Donnell's firm,
656
00:27:23,150 --> 00:27:26,000
so I would have
to recuse myself anyway.
657
00:27:26,000 --> 00:27:28,010
- What?
- Oh, Jimmy Berluti.
658
00:27:28,010 --> 00:27:29,160
A little frolic.
659
00:27:29,160 --> 00:27:31,190
- Have you lost your mind?
- What?
660
00:27:31,190 --> 00:27:33,130
I'm not supposed
to have a personal life?
661
00:27:33,130 --> 00:27:35,020
- Well you shouldn't be having
it with lawyers
662
00:27:35,020 --> 00:27:36,020
who appear before you.
663
00:27:36,020 --> 00:27:37,210
- I don't.
664
00:27:37,210 --> 00:27:40,110
That's why I just said
I'd have to recuse myself.
665
00:27:40,110 --> 00:27:41,200
You know,
666
00:27:41,200 --> 00:27:43,060
it's been quite a while
667
00:27:43,060 --> 00:27:45,010
since I've seen you smile.
668
00:27:45,010 --> 00:27:46,120
It wouldn't be such a bad thing
669
00:27:46,120 --> 00:27:48,070
if you went out
and got yourself a little--
670
00:27:48,070 --> 00:27:50,010
- Never mind.
671
00:27:57,140 --> 00:28:01,110
What am I going to do, Roberta?
672
00:28:01,110 --> 00:28:03,210
The man viciously killed a nun.
673
00:28:03,210 --> 00:28:05,070
I put him back
out there,
674
00:28:05,070 --> 00:28:07,150
he'll no doubt
kill somebody else.
675
00:28:07,150 --> 00:28:10,050
- What about the kidnap charge?
- It won't stick.
676
00:28:10,050 --> 00:28:12,130
They arrested the guy
coming back to the house
677
00:28:12,130 --> 00:28:14,000
with coffee.
678
00:28:14,000 --> 00:28:15,180
The phone
in the apartment worked.
679
00:28:15,180 --> 00:28:17,070
She was free to make a call.
680
00:28:17,070 --> 00:28:19,190
Clearly,
she wasn't being kidnapped.
681
00:28:19,190 --> 00:28:22,050
What the hell am I gonna do?
682
00:28:44,060 --> 00:28:45,190
- Nice bomb, Lindsay.
683
00:28:45,190 --> 00:28:48,100
Couldn't tell me
over breakfast, could you?
684
00:28:48,100 --> 00:28:50,040
- No.
685
00:28:54,210 --> 00:28:56,150
Sorry.
686
00:28:56,150 --> 00:28:58,200
- You know, I realize you didn't
want this case either,
687
00:28:58,200 --> 00:29:01,070
but still.
688
00:29:01,070 --> 00:29:02,140
What you do for a living,
689
00:29:02,140 --> 00:29:04,180
it's repulsive,
and your little credo of
690
00:29:04,180 --> 00:29:07,090
"just doing my job"--
it doesn't excuse it.
691
00:29:07,090 --> 00:29:09,120
- Hold on a second, Helen.
- No, no, you hold on.
692
00:29:09,120 --> 00:29:11,130
It says something
about a person's character,
693
00:29:11,130 --> 00:29:12,210
the kind of work
that she would do.
694
00:29:12,210 --> 00:29:14,070
- You're turning this personal?
695
00:29:14,070 --> 00:29:15,110
- The fact that you could
represent him,
696
00:29:15,110 --> 00:29:16,170
even under court order,
697
00:29:16,170 --> 00:29:18,070
and look at yourself
in the mirror--
698
00:29:18,070 --> 00:29:19,180
- I'm not gonna listen to this.
- Oh, no, don't!
699
00:29:19,180 --> 00:29:21,060
It might kick up a little bit
of a conscience!
700
00:29:21,060 --> 00:29:22,150
- Oh, give me a break.
- No, Lindsay.
701
00:29:22,150 --> 00:29:24,150
The breaks go to people
who kill nuns.
702
00:29:24,150 --> 00:29:26,080
- And the police, 'cause
they are always innocent.
703
00:29:26,080 --> 00:29:27,130
- The police try to catch
criminals, Lindsay!
704
00:29:27,130 --> 00:29:29,040
They don't--
705
00:29:29,040 --> 00:29:30,140
- Three of them planted a knife
in Ellenor's desk
706
00:29:30,140 --> 00:29:31,230
trying to frame her
and George Vogelman.
707
00:29:31,230 --> 00:29:34,040
- I'm not talking about that!
- I am!
708
00:29:34,040 --> 00:29:35,080
And, you know,
you're crying about--
709
00:29:35,080 --> 00:29:36,100
- This guy killed a nun!
710
00:29:36,100 --> 00:29:38,050
- If we could trust the police,
711
00:29:38,050 --> 00:29:40,000
then we wouldn't have all
these search and seizure rules.
712
00:29:40,000 --> 00:29:42,040
- Oh, don't talk to me!
- Oh, don't turn this on me!
713
00:29:42,040 --> 00:29:43,150
If you were in my position you
would do exactly the same thing.
714
00:29:43,150 --> 00:29:45,150
- I would never
be in your position!
715
00:29:45,150 --> 00:29:47,030
- Hey!
- Go to hell!
716
00:29:47,030 --> 00:29:50,210
- You go to hell.
717
00:29:50,210 --> 00:29:53,190
[sobbing]
718
00:30:24,230 --> 00:30:27,070
- Were you up all night?
- Couldn't sleep.
719
00:30:27,070 --> 00:30:29,090
I'm sure you could.
720
00:30:29,090 --> 00:30:31,130
- Oh, go to hell again.
721
00:30:31,130 --> 00:30:36,040
- Lindsay, I'm sorry.
722
00:30:36,040 --> 00:30:38,020
I don't mean
to take it out on you.
723
00:30:38,020 --> 00:30:40,150
But you're here.
724
00:30:43,040 --> 00:30:45,070
- You think I want
the guy free, Helen?
725
00:30:45,070 --> 00:30:47,010
- No.
726
00:30:52,030 --> 00:30:54,050
- He hired her.
727
00:30:54,050 --> 00:30:58,030
$400 he agreed to pay her.
728
00:30:58,030 --> 00:31:01,200
And his defense is what,
the aroused penis defense?
729
00:31:01,200 --> 00:31:04,130
The thing about prostitution,
ladies and gentlemen,
730
00:31:04,130 --> 00:31:07,110
we can throw the Janes in jail,
731
00:31:07,110 --> 00:31:10,010
but they end up
right back out there.
732
00:31:10,010 --> 00:31:12,200
Because they have no choice.
733
00:31:12,200 --> 00:31:15,140
Broke, some with drug problems,
734
00:31:15,140 --> 00:31:17,220
some with children to support.
735
00:31:17,220 --> 00:31:20,230
They can trade on their bodies,
and they do.
736
00:31:20,230 --> 00:31:23,000
They end up
right back out on the street,
737
00:31:23,000 --> 00:31:25,070
because, as far
as they see it,
738
00:31:25,070 --> 00:31:27,090
there's no other choice.
739
00:31:27,090 --> 00:31:31,180
For the Johns,
they do have a choice.
740
00:31:31,180 --> 00:31:35,230
Deterrence works on the Johns.
741
00:31:35,230 --> 00:31:40,030
And if we can shut down the
demand by going after them...
742
00:31:40,030 --> 00:31:43,150
And this man,
he had a choice, didn't he?
743
00:31:43,150 --> 00:31:47,050
He chose
to knowingly break the law,
744
00:31:47,050 --> 00:31:51,010
to pay for sex.
745
00:31:51,010 --> 00:31:55,150
Now, he has to pay
the consequence for that choice.
746
00:32:01,110 --> 00:32:02,170
- Entrapment.
747
00:32:02,170 --> 00:32:04,210
That's defined
as when a person
748
00:32:04,210 --> 00:32:07,150
is lured into the commission
of a crime
749
00:32:07,150 --> 00:32:11,040
that he has no predisposition
to commit.
750
00:32:11,040 --> 00:32:12,200
And that's this case.
751
00:32:12,200 --> 00:32:16,230
Clyde Burrows never
would have committed this crime
752
00:32:16,230 --> 00:32:20,030
if he had been left alone
by the police.
753
00:32:20,030 --> 00:32:22,120
That's entrapment.
754
00:32:22,120 --> 00:32:24,030
And Mr. Tisbury
stands here
755
00:32:24,030 --> 00:32:27,150
lecturing you on how
we have to stop the Johns.
756
00:32:27,150 --> 00:32:29,150
Clyde never was a John
in his life.
757
00:32:29,150 --> 00:32:32,010
He only became a John here
758
00:32:32,010 --> 00:32:35,120
because the police
convinced him to become one.
759
00:32:35,120 --> 00:32:37,080
In the big picture,
760
00:32:37,080 --> 00:32:40,120
is this what we want
the police to be doing?
761
00:32:40,120 --> 00:32:43,050
Staking out
law-abiding citizens?
762
00:32:43,050 --> 00:32:47,230
Baiting them into committing
crimes, then busting them?
763
00:32:47,230 --> 00:32:50,160
Sure, if Clyde Burrows
had been stronger,
764
00:32:50,160 --> 00:32:52,090
he could have resisted.
765
00:32:52,090 --> 00:32:56,040
Maybe if he'd been more moral,
he would have resisted.
766
00:32:56,040 --> 00:32:57,100
But he wasn't.
767
00:32:57,100 --> 00:32:59,010
He was weak.
768
00:32:59,010 --> 00:33:01,000
And thank God we have the police
769
00:33:01,000 --> 00:33:02,200
to go out
and find the weak
770
00:33:02,200 --> 00:33:05,210
and lure them
into committing crimes.
771
00:33:05,210 --> 00:33:07,110
Come on.
772
00:33:07,110 --> 00:33:10,140
The police are supposed
to protect us, not trap us.
773
00:33:10,140 --> 00:33:12,210
The police are supposed
to be catching the people
774
00:33:12,210 --> 00:33:14,210
who are out there
committing crimes,
775
00:33:14,210 --> 00:33:16,170
not finding innocent people
776
00:33:16,170 --> 00:33:20,120
and luring them
into committing crimes.
777
00:33:20,120 --> 00:33:24,030
Clyde Burrows
would not be sitting here today
778
00:33:24,030 --> 00:33:27,040
but for the actions
of a police officer.
779
00:33:30,050 --> 00:33:33,060
Is this the government we want?
780
00:33:36,120 --> 00:33:37,210
[phone rings]
781
00:33:37,210 --> 00:33:40,110
- Donnell, Young, Dole,
and Frutt.
782
00:33:40,110 --> 00:33:41,170
Oh, shut up.
783
00:33:45,220 --> 00:33:47,200
Heard of star 69, you idiot?
784
00:33:47,200 --> 00:33:49,190
I'm reporting you to the police.
785
00:33:49,190 --> 00:33:52,170
- What's going on?
- It's this case.
786
00:33:52,170 --> 00:33:54,060
People don't like us doing it.
787
00:33:59,230 --> 00:34:02,140
- Absent exigent circumstances,
788
00:34:02,140 --> 00:34:04,200
the police cannot search
without a warrant.
789
00:34:04,200 --> 00:34:06,120
- They thought
she was kidnapped.
790
00:34:06,120 --> 00:34:08,090
- Which buys them entry.
791
00:34:08,090 --> 00:34:10,020
But once they had her,
792
00:34:10,020 --> 00:34:13,040
once the exigency was over,
they had to get a warrant.
793
00:34:13,040 --> 00:34:14,160
There was no danger
of losing evidence.
794
00:34:14,160 --> 00:34:16,170
They could have secured
the premises.
795
00:34:16,170 --> 00:34:19,010
They can't even argue search
incident to the arrest,
796
00:34:19,010 --> 00:34:21,180
because the subject was arrested
outside the building.
797
00:34:26,090 --> 00:34:28,110
I know the idea
of setting a murder defendant
798
00:34:28,110 --> 00:34:31,200
free is, of course,
799
00:34:31,200 --> 00:34:36,140
repugnant to everybody
in this room.
800
00:34:36,140 --> 00:34:38,140
Especially this defendant.
801
00:34:38,140 --> 00:34:41,050
But we have a constitution,
802
00:34:41,050 --> 00:34:42,110
a fourth amendment and case law
803
00:34:42,110 --> 00:34:44,050
that couldn't be more clear.
804
00:34:44,050 --> 00:34:47,150
The police were required to have
a warrant to search that closet.
805
00:34:47,150 --> 00:34:48,150
They didn't get that warrant.
806
00:34:48,150 --> 00:34:50,080
As a result,
807
00:34:50,080 --> 00:34:54,020
everything in that closet
is inadmissible as evidence.
808
00:34:59,170 --> 00:35:01,060
- Ms. Gamble.
809
00:35:03,180 --> 00:35:05,120
Ms. Gamble?
810
00:35:14,120 --> 00:35:17,120
The fourth amendment
does not require warrants.
811
00:35:17,120 --> 00:35:20,100
It protects people
against unreasonable searches,
812
00:35:20,100 --> 00:35:21,160
but it has never,
813
00:35:21,160 --> 00:35:23,210
by its language,
required warrants.
814
00:35:23,210 --> 00:35:25,160
- The Supreme Court
has chimed in
815
00:35:25,160 --> 00:35:27,160
and said that it does.
816
00:35:27,160 --> 00:35:30,130
- The modern Supreme Court
interpreted it that way.
817
00:35:30,130 --> 00:35:33,000
The language
only requires reasonableness,
818
00:35:33,000 --> 00:35:36,000
and nowhere, nowhere does
the fourth amendment ever say
819
00:35:36,000 --> 00:35:38,030
that evidence obtained
absent a warrant
820
00:35:38,030 --> 00:35:41,060
or even absent reasonableness
be excluded.
821
00:35:41,060 --> 00:35:44,020
This exclusionary rule
wasn't carved out by the courts
822
00:35:44,020 --> 00:35:46,010
until 1961.
823
00:35:46,010 --> 00:35:48,190
That means for 172 years,
824
00:35:48,190 --> 00:35:50,130
the fourth amendment
did just fine
825
00:35:50,130 --> 00:35:52,040
without excluding evidence.
826
00:35:52,040 --> 00:35:54,120
The courts decided
to impose that sanction.
827
00:35:54,120 --> 00:35:57,080
The courts decided
that that would be the best way
828
00:35:57,080 --> 00:35:59,110
to remedy police misconduct.
829
00:35:59,110 --> 00:36:02,120
Now we've stretched it
to remedy police mistakes.
830
00:36:02,120 --> 00:36:06,000
Innocent mistakes,
which themselves are reasonable.
831
00:36:06,000 --> 00:36:08,120
If a convicted felon
locks up a woman,
832
00:36:08,120 --> 00:36:11,010
if he tells her he has guns
in his closet,
833
00:36:11,010 --> 00:36:14,080
reason says he's forfeited
his right to privacy.
834
00:36:14,080 --> 00:36:17,020
Reason says those police
officers should go in
835
00:36:17,020 --> 00:36:18,130
and investigate.
836
00:36:18,130 --> 00:36:21,090
- Are you asking me
to ignore the holdings
837
00:36:21,090 --> 00:36:22,200
of the Supreme Court?
838
00:36:22,200 --> 00:36:25,120
- I'm asking you
to recognize the absurdity
839
00:36:25,120 --> 00:36:27,080
of the exclusionary rule.
840
00:36:27,080 --> 00:36:29,020
I'm asking you to recognize
841
00:36:29,020 --> 00:36:32,210
how ridiculous it is to require
20-year-old police officers
842
00:36:32,210 --> 00:36:36,170
to understand the law
when judges and lawyers can't.
843
00:36:36,170 --> 00:36:39,030
In this case, there was
no misconduct by the officers.
844
00:36:39,030 --> 00:36:41,150
They rescued a woman
who appeared to be kidnapped.
845
00:36:41,150 --> 00:36:44,030
They attempted to make sure
the apartment was gun-free
846
00:36:44,030 --> 00:36:45,200
before the kidnapper returned.
847
00:36:45,200 --> 00:36:47,140
This is reasonable.
848
00:36:47,140 --> 00:36:51,080
That man sitting right over
there stabbed a nun 30 times
849
00:36:51,080 --> 00:36:52,190
and cut her into pieces.
850
00:36:52,190 --> 00:36:54,070
He has a felony record.
851
00:36:54,070 --> 00:36:56,010
He...
852
00:37:01,100 --> 00:37:04,100
Last night,
I got into a screaming argument
853
00:37:04,100 --> 00:37:06,030
with the defense counsel.
854
00:37:06,030 --> 00:37:11,020
She accused me
of making this personal.
855
00:37:11,020 --> 00:37:14,170
It is personal.
856
00:37:14,170 --> 00:37:17,200
I take my job
very personally, Your Honor.
857
00:37:17,200 --> 00:37:19,080
I like
to come in here
858
00:37:19,080 --> 00:37:23,090
thinking the work
I do counts for something.
859
00:37:23,090 --> 00:37:27,120
Just like those police officers.
860
00:37:27,120 --> 00:37:31,080
And when we see criminals
get turned loose
861
00:37:31,080 --> 00:37:32,180
on technicalities
862
00:37:32,180 --> 00:37:36,020
that have nothing
to do with merit or...
863
00:37:39,020 --> 00:37:43,030
The Constitution was designed
to protect the innocent.
864
00:37:43,030 --> 00:37:45,170
Not the guilty.
865
00:37:45,170 --> 00:37:50,100
In this case,
that man, Your Honor--
866
00:37:50,100 --> 00:37:54,070
Feed this right into the mouths
of the Supreme Court,
867
00:37:54,070 --> 00:37:56,140
if they want to spit him back
on the street.
868
00:37:56,140 --> 00:37:58,070
Yes.
869
00:37:58,070 --> 00:38:02,160
Yes, I'm asking you
to overrule recent decisions.
870
00:38:02,160 --> 00:38:06,080
We need a brave judge
to do that, Your Honor,
871
00:38:06,080 --> 00:38:08,020
otherwise they'll never
get the chance
872
00:38:08,020 --> 00:38:10,130
to revisit
the irrationality of--
873
00:38:15,070 --> 00:38:18,020
He killed a nun.
874
00:38:18,020 --> 00:38:22,070
He mutilated a nun
and stuffed her into a closet.
875
00:38:22,070 --> 00:38:24,230
The fourth amendment was never
meant to protect this animal.
876
00:38:28,020 --> 00:38:30,160
I'm sorry, it's personal.
877
00:38:41,170 --> 00:38:47,080
[shouting]
878
00:38:47,080 --> 00:38:48,220
- I don't want
to be Judge Hiller.
879
00:38:48,220 --> 00:38:50,090
- I think Helen did pretty well.
880
00:38:50,090 --> 00:38:52,070
- Given her hand.
881
00:38:52,070 --> 00:38:54,160
I've seen you better.
882
00:38:54,160 --> 00:38:56,220
- I'm sorry?
883
00:38:56,220 --> 00:38:58,170
- You hit all the marks.
You certainly weren't bad.
884
00:38:58,170 --> 00:39:00,010
But I've seen you better.
885
00:39:00,010 --> 00:39:01,010
- Are you accusing me
of something?
886
00:39:01,010 --> 00:39:02,120
- No.
887
00:39:02,120 --> 00:39:03,170
- Let's see you defend that guy
better, Bobby.
888
00:39:03,170 --> 00:39:05,020
- I wasn't criticizing--
889
00:39:05,020 --> 00:39:06,230
- Yes you are,
and I don't like it.
890
00:39:44,140 --> 00:39:46,090
- Will the defendant
please rise.
891
00:39:54,190 --> 00:39:56,210
Has the jury
reached its verdict?
892
00:39:56,210 --> 00:39:58,000
- We have, Your Honor.
893
00:39:58,000 --> 00:39:59,210
- What say you?
894
00:39:59,210 --> 00:40:02,110
- In the matter
of Commonwealth versus Burrows
895
00:40:02,110 --> 00:40:04,080
on the charge of solicitation,
896
00:40:04,080 --> 00:40:07,010
we find the defendant,
Clyde Burrows,
897
00:40:07,010 --> 00:40:08,130
not guilty.
898
00:40:08,130 --> 00:40:10,050
- Wow.
- Oh, God.
899
00:40:10,050 --> 00:40:12,080
Oh, thank you.
Oh, thank you.
900
00:40:12,080 --> 00:40:14,040
- You stuck to your guns, Clyde.
901
00:40:14,040 --> 00:40:15,060
You hung in there.
902
00:40:17,140 --> 00:40:20,020
I got to admit,
I didn't think we'd win.
903
00:40:20,020 --> 00:40:22,000
- Well, I owe you big.
904
00:40:22,000 --> 00:40:23,100
- Do me a favor, from now on,
905
00:40:23,100 --> 00:40:25,060
go to bars
like this instead of hotels.
906
00:40:25,060 --> 00:40:27,160
Pretty women don't come in here.
Except for Beck.
907
00:40:27,160 --> 00:40:30,050
- I take offense at that.
- Roberta.
908
00:40:30,050 --> 00:40:32,090
- Hi, I just
swung by to tell you
909
00:40:32,090 --> 00:40:34,060
that I won't be able
to see you later tonight.
910
00:40:34,060 --> 00:40:35,180
I've got to check
on Judge Hiller.
911
00:40:35,180 --> 00:40:37,100
She may need me.
912
00:40:37,100 --> 00:40:39,060
- Well, how'd she rule?
- Oh, she hasn't yet.
913
00:40:39,060 --> 00:40:41,060
I don't know which way
she's gonna go.
914
00:40:41,060 --> 00:40:44,230
So can I please have a rain
check for dinner?
915
00:40:44,230 --> 00:40:46,020
- Sure, sure.
[pager beeping]
916
00:40:46,020 --> 00:40:48,060
- Oh, she's made up her mind.
917
00:40:48,060 --> 00:40:50,210
I've got to go.
918
00:40:50,210 --> 00:40:52,150
I'll call you later.
919
00:41:00,030 --> 00:41:01,140
- We're friends.
920
00:41:28,230 --> 00:41:31,000
- I agree with Ms. Gamble.
921
00:41:31,000 --> 00:41:33,000
There is nothing
922
00:41:33,000 --> 00:41:35,080
in the language
of the fourth amendment
923
00:41:35,080 --> 00:41:37,140
that requires warrants.
924
00:41:37,140 --> 00:41:39,080
Nor is there anything
925
00:41:39,080 --> 00:41:42,210
that says illegally obtained
evidence should be excluded.
926
00:41:42,210 --> 00:41:46,120
These rulings have been
carved out by the courts
927
00:41:46,120 --> 00:41:50,060
in response to our distrust
of the police.
928
00:41:50,060 --> 00:41:52,150
I also realize
the courts are more
929
00:41:52,150 --> 00:41:54,040
than willing
to adjust their thinking
930
00:41:54,040 --> 00:41:56,220
to the needs of the day.
931
00:41:56,220 --> 00:42:01,200
We search bags at airports
now without warrants.
932
00:42:01,200 --> 00:42:04,150
Make people
go through metal detectors.
933
00:42:04,150 --> 00:42:09,050
California requires fingerprints
just to get a driver's license.
934
00:42:09,050 --> 00:42:13,190
The Department of Transportation
has mandatory drug testing.
935
00:42:13,190 --> 00:42:16,140
We have
all these invasive things
936
00:42:16,140 --> 00:42:20,140
we do to people absent
not only warrants,
937
00:42:20,140 --> 00:42:23,190
but absent any suspicion
of wrongdoing.
938
00:42:23,190 --> 00:42:27,170
So why can't a police officer
939
00:42:27,170 --> 00:42:30,110
who has been told
there are weapons
940
00:42:30,110 --> 00:42:32,200
in the closet
of a convicted felon,
941
00:42:32,200 --> 00:42:35,040
a man suspected of kidnapping--
942
00:42:35,040 --> 00:42:39,060
why can't he open the closet?
943
00:42:40,220 --> 00:42:43,190
I agree with the district
attorney.
944
00:42:43,190 --> 00:42:47,040
The fourth amendment has been
interpreted
945
00:42:47,040 --> 00:42:50,000
and expanded by the courts
to the point
946
00:42:50,000 --> 00:42:52,090
where it belies
both the language
947
00:42:52,090 --> 00:42:55,090
and the intent
of the amendment,
948
00:42:55,090 --> 00:42:58,180
which is reasonableness.
949
00:43:04,060 --> 00:43:11,230
But I also know
the Supreme Court rulings
950
00:43:11,230 --> 00:43:18,050
on search and seizure
have set clear rules.
951
00:43:18,050 --> 00:43:21,100
And as much as I would love
to be a renegade,
952
00:43:21,100 --> 00:43:23,190
our criminal justice system
953
00:43:23,190 --> 00:43:26,160
has no chance whatsoever
954
00:43:26,160 --> 00:43:33,100
once the judges themselves begin
embracing judicial anarchy.
955
00:43:33,100 --> 00:43:36,160
The search
of the closet was illegal.
956
00:43:36,160 --> 00:43:39,010
The contents are inadmissible.
957
00:43:39,010 --> 00:43:41,130
With the contents suppressed,
958
00:43:41,130 --> 00:43:45,120
I find no probable cause
to hold the defendant.
959
00:43:45,120 --> 00:43:47,000
He is free to go.
71040
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