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These are the user uploaded subtitles that are being translated: 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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