Original subtitles

- Obviously, shockwaves are running

through the entire community, as well as profound grief.

Sister Caroline Oaks was a beloved, beloved member

of the church.

Preliminary reports say she was stabbed

more than 30 times.

- Oh, can you believe it?

Just what I need.

- Helen, it's a compliment.

High-profile case, you get the assignment, that's--

- Too high-profile.

I don't need that kind of pressure.

It makes my face break out.

- Police were actually responding to the calls

of another kidnapping victim, Cynthia Simonson,

when they found the nun's body in a closet.

Unconfirmed reports indicate--

- The arraignment's when? - 9:00.

- Maybe I'll stop by on my way and watch.

- Why? - 'Cause it's high profile.

And I want to be there for your first pimple.

- Ah, funny. - This is big stuff, Helen.

They must consider you their go-to D.A.

It's a compliment. - Yeah, yeah, yeah.

[dramatic music]

♪ ♪

- There he is! - That's him!

- Case number 32654,

Commonwealth versus Michael Kingston.

Murder in the first degree.

[shouting]

- Quiet down. I said quiet!

Anybody who disrupts this room

will be removed, possibly to a jail cell.

I don't think you want to test me.

- Joseph Mapp for the defendant, Your Honor.

We'll waive reading.

- Helen Gamble for the Commonwealth.

We'd obviously oppose bail.

- Okay, let's conference.

We can set the trial date there, let...

Counsel, I have great respect for the public defenders,

as well as your work in particular.

But given the magnitude

of scrutiny this case is likely to generate,

together with the limits

on your office's resources, I...

Ms. Dole, would you step up, please?

Ms. Dole, did you hear me?

Would you please come forward?

- I hope you're not thinking of--

- You win. Congratulations.

- Your Honor-- - Get together with the D.A.

Let's conference as soon as possible.

- Your Honor, I regretfully have to decline.

My schedule--

- Counsel, this wasn't a request.

It's your case. Next.

- Case number 32655, People versus Nathan.

- Can she really make me do this?

She can't make me, can she? Can she make me?

- Where is she? - Chambers.

- Come on. - Oh, come on.

You love these cases!

Granted, it doesn't involve a chopped off head, but still--

- We don't want this one.

- Why? - You know why.

- Well, then, humor me.

- The victim is a nun stabbed 30 times.

This kind of crime, the stigma will run

to the lawyers defending the psycho who killed--

- Again, I keep going back to the client

who cut off the girl's had.

You defended him. - He was innocent.

- To the public, he wasn't.

So you faced the same stigma there, Bobby.

- Which is why we don't need to be the lawyers on this one.

- Plus, the district attorney is my roommate.

That's grounds for disqualification right there.

- Not if the judge is convinced

you'll rise above the potential conflict,

which I am.

- Helen Gamble is also an ex-girlfriend of mine.

- You've tried cases against her before.

- Your Honor...

- Bobby, if I were to recuse you

every time you've slept with the other side--

- Hey!

- There's already a lynch mob mentality out there.

You can see that.

I need to ensure he gets a legitimate

and zealous defense.

You people fight for murderers better than anybody.

- You can't force us to take this case.

- Of course I can. It's exactly what I'm doing.

Go defend him.

- I got them down to straight probation.

I think we should jump.

- But Jimmy, if I take any guilty finding,

I lose my job.

I've got a morals clause

which says, "any criminal conviction."

- Maybe we could talk to your boss.

- He can't waive it.

There's a precedent.

This is a company with 32,000 employees.

This isn't fair. This isn't fair.

- Mr. Burrows, it's not like you didn't commit the crime.

You offered the woman money.

- But I never would have.

I am sitting in a bar. I'm minding my own business.

And she came up to me.

- We're gonna go with entrapment.

- Is there any chance we could win?

- Yes.

- But not a good one.

- Well, the way I see it,

I've got nothing to lose.

- Yes, there is.

You get convicted at trial, you could do time.

- Ms. Washington, it isn't exactly like my life

has a lot of dimension.

I have a job,

which I've put in 16 years at.

I've been a complete company man,

and they say I could stay on,

but not if I have a guilty finding.

I want to roll the dice, Jimmy.

- This is bad. - Oh, could I tell you.

- First of all, if this thing goes to trial,

we lose a fortune.

The court ordered fees are minimal.

- I don't care about the money.

- What's with the panic, then?

We've done nasty cases before.

- This was a nun, Eugene.

Stabbed repeatedly. - I understand.

But we've defended child killers.

Are you upset on religious grounds?

- Have you been watching the news?

- Look, we could bring a motion

before a different judge, try to get out.

- Arguing what? - Hardship.

That we're too overloaded to take--

- That won't fly. Look.

Look, we've been assigned the case,

so we do the job.

Lindsay, meet the client. - Oh, great.

- Ellenor, I want you to draft up a motion for a gag order.

No doubt, Helen will be trying this case

in the media every chance she gets.

You and Lindsay will try it if it gets that far,

since we're better off with women.

- I'm moving out of criminal, remember?

- Never mind. Eugene, I'd like you to do

a memorandum on changing venue.

We should try to move this thing out of Boston.

- How about LA? - Lucy, good.

All calls from the media, we have no comment.

- Wait, you're putting her in charge of no comment?

- I heard that.

- Oh, you heard that? Such radar.

- All right, all right, let's get to work.

- It isn't fair. The guy is like this sad sack.

It was entrapment.

- What do you want from me, Jimmy?

- You know I would never ask a favor in a million years

that I thought was, you know, unethical.

- I don't know that, actually.

But go ahead.

- The guy is getting a bum shake.

He's worked hard in his job, and he's about to lose it

because some undercover cop got him aroused.

It's vintage entrapment.

- So make the argument.

- I'd like to make it to you.

Judge Cohen's going on vacation.

This thing will get transferred to one of six divisions,

including yours.

I know Mark Patsos, the clerk.

I'd like him to steer it your way.

- That wouldn't be a good idea.

I wouldn't kick it.

From where I stand, your client committed the crime.

And second, I don't appreciate your even

asking what you're asking.

It amounts to an ex parte communication.

It's wrong, and you know it.

- I've got a good guy here. - I don't care.

- Fine.

Forget it, fine. - You're angry now.

Just forget it. I've got to go.

- Hey, Jimmy, look,

I understand you want to help your friend.

But you have to understand that

once I put on that robe,

I don't play favorites for anybody.

- Yeah.

Yeah.

I thought I'd just take a shot.

- Oh, I do like that.

You do take your shots.

Say, why don't you come back in a couple of hours, huh?

When the robe is off.

- Hello, I'm Lindsay Dole. - I know.

I was there at the arraignment, remember?

- Yes.

Okay, first off, attorney-client privilege.

Anything you say obviously goes no further, so...

- Yes, but you don't want me to be too truthful

in case I want to testify.

We have to preserve you from lawyer ethic problems.

- All right.

Any thoughts on how a sliced up nun got in your apartment?

- I haven't a clue.

How's that?

- This woman, Cynthia Simonson, who called the police,

was she being held captive?

- Shouldn't you get to know a little bit about me first?

I mean, I'm sure a nice person such as yourself has conflicts

defending something so vile as me.

- I kind of stay emotionally neutral in my cases.

So let's just stick with the facts of the case.

Let's start with the underlying kidnap charge on the girl.

- I didn't kidnap her.

She came back to my apartment willingly.

She just found herself locked in.

And that would be false imprisonment, by the way.

That's a distinction from kidnapping.

This isn't your first case, is it?

- No, it isn't.

- 'Cause you've got a little virgin thing going on.

Not that I don't like it.

- Look, Mr. Kingston, you're in jail right now either

because you killed somebody

or somebody else played you for the perfect dupe.

Either way, I consider you pretty stupid.

And if you think you're going to intimidate me somehow,

we can just forget that because I really don't have the time.

I'm representing you because a judge ordered me to,

and I will defend you as best I can.

But don't mistake my efforts for caring.

You disgust me.

- The reason he even knew her is

because she reached out to help him.

- How so?

- He would show up at the church sometimes,

angry, despondent.

One time, Caroline approached him.

That was the thing about Caroline.

She was there for everybody.

- Being there for him got her killed.

- Three nights ago, she went to see him?

- Yes.

She got a call from him,

and he asked if she could come visit him at his apartment.

She knew nothing about his criminal record.

We told the police all this.

- I understand, but his lawyers are good,

and they may take this to trial.

I just don't want to be surprised by anything.

For example, they might even claim

that Michael Kingston

and Sister Caroline were having a physical relationship.

- What? - Their job is to get him off.

They're not beneath arguing anything.

- Caroline wasn't having any physical relationship.

If that's gonna be their legal strategy,

good luck to them.

They got the wrong nun.

She went there to help a man she thought was in need.

- Ms. Gamble, you are going to put this man in jail,

aren't you?

- Yes, I'm definitely gonna do that.

- This woman, Cynthia Simonson.

You say you didn't kidnap her.

- I met her at a bar in Kenmore Square.

She left with me.

Happily.

She was at the bar with friends. Ask them.

- And you came back to your apartment.

- To play Scrabble.

- We're back to being cute now?

- She left with me to spend the night together,

which we did.

- Then why'd you keep her locked up inside?

- I didn't.

I went out to get coffee in the morning,

and I have a barred door with padlock.

It's the only way it locks.

- And the reason you have a barred door?

- Safety. I don't want to get ripped off.

Plus which, I had a nun in my closet.

I didn't want people popping in.

[shouting] - Come on.

Back off!

- You got your car here? - I walked.

Well, you won't be walking back.

We'll get you to a cab.

- You know where the back entrance is?

- Yeah. - Yeah, use it next time.

- Back off!

- Why me? Why always me?

- Well, it won't be you from here on in.

I'll be with you every step.

What about the supposed kidnapping of the college girl?

- He said she went back to his place voluntarily.

- What difference does it make? He carved up a nun.

- No, it may raise fourth amendment issues.

Do we have an address on her?

- It's in my coat pocket, probably soaked in yolk.

- Ellenor, try to talk to this girl.

Eugene, I guess we should try to make contact with Dr. Crane

in case we want to go with insanity.

- Dr. Crane charges five grand. This is court-appointed.

And the state will never authorize that sort of--

- Just give him a call in case we want to go that route.

Given what he did, there's got to be a chance he's insane.

- So we're going to the mat for this psycho?

- Do we have a choice?

- We had a few drinks, talked.

- And at some point, officer,

you told him you were a prostitute.

- I said I was a lady of the evening, yes.

- And how did Mr. Burrows respond to that?

- He was surprised at first, maybe shocked.

- What happened next? - We kept talking.

I eventually asked him if he'd like

to go upstairs to his hotel room.

He said yes.

- Did you ever quote him a price?

- $400. - And then?

- We went upstairs, he paid me the money,

at which point I told him I was an undercover police officer.

I placed him under arrest, read him his rights,

and took him into custody.

- Why were you working this bar undercover?

- Mainly because high-priced call girls were.

It was a problem.

- And this was an upscale hotel bar, right officer?

- Yes.

- A lot of out-of-town business

people frequented it, including many

law-abiding people, right? - Yes.

- In fact, mostly law-abiding, wouldn't you say?

- Probably.

- And you weren't out to sting my client

specifically, were you? - No.

- In fact, you didn't even know who he was when you sat down.

- No, I didn't.

- And when you first sat down next to him,

you told him you were an executive secretary;

isn't that right? - Yes.

- How long were the two of you

talking before you said you were a prostitute?

- Maybe an hour or so. - An hour or so?

So for a while, he could've thought,

"Hey, this woman thinks I'm attractive."

That possible?

- I guess. - You guess?

Well, in fact, that was the idea, wasn't it?

- I suppose it was.

- So before you told him that you worked for hire,

do you think it was possible he was already hoping

maybe something

could happen upstairs in his hotel room?

- I don't know what he was thinking.

- Did you feel,

sitting there, he was physically attracted to you?

- Yes, I did.

- Your Honor, I'd like to see her as she was that night.

- Objection. There's no point--

- It certainly goes to our entrapment defense.

- I agree.

The court will be adjourned for one hour.

The witness will return in the same attire

she wore that evening.

- Life with parole,

we both save ourselves a lot of aggravation.

- Are you out of your mind?

- He could have been out of his, Helen, in which case--

- There's no way I'm making any deal

which allows this guy to see the street again.

- I understand the public outcry, but--

- It has nothing to do with public outcry.

Look at what he did.

That's how she was found.

You want him free one day?

- No.

But if you don't offer us something,

we have no choice but to go to trial.

We'll agree to life.

- I can't agree to parole, come on.

Did you really expect me to?

- I don't feel like devoting six months

of my life to this guy.

- Judge Hiller did that to you, not me.

- Could you stand facing the front?

Okay.

Now facing me.

Could you just walk over to the foreman.

Hold his hand. - Objection.

- A woman like this touches you, it has an effect, Your Honor.

- Go ahead.

- Now smile at him like you did my client.

- Objection.

Objection!

- I really appreciate you coming in.

- Well, you shouldn't thank me too fast.

I have absolutely no intention of helping him.

- Believe me, we completely understand.

We just have a few questions.

- The police say that you were locked

inside Mr. Kingston's home.

- Yeah, it was like one of those barricade doors.

- And you went there willingly, correct?

- Yeah, I spent the night.

- At what point did you decide that you were kidnapped?

- When I woke up.

He was gone, and I couldn't get out.

The door was padlocked.

I called the police. I was panicked.

- And when they got there,

you told them that there were guns in the closet?

- I told them that's what he told me.

- And that's when they opened it up?

- Yeah, that's the last thing I remember before passing out.

When they opened the door, and I...

I spent the night with him.

I could've been next.

- Good news or bad, depending on how you look at it.

- What?

- We got a shot at getting this case kicked.

- Excuse me? - Fourth amendment.

Could be a bogus search. - How do you figure?

They moved in on a kidnap.

- There was no kidnap here, Bobby.

He was coming back to the place with donuts.

- The police didn't know that.

- Bobby, there was nothing exigent.

- The arresting officer's taking the stand tomorrow

at the P.C. hearing.

If he says what I think he's going to,

our little nun killer could walk.

- Lindsay, there was a woman locked up inside his apartment

and a chopped up nun.

- And I'm telling you we might be able

to suppress the chopped up nun.

- I don't really want to.

- You think I do?

- You've been kind of quiet. - Me?

Well, you try taking the side of evil.

- Yeah, well, I'd say let's head in together,

but my hair doesn't like egg shampoo, so...

- Well, you know, we're supposed to be on different sides.

It wouldn't look so good if we marched

in together, would it? - No.

See you there? - See you there.

- She has no idea she's about to be ambushed.

I feel like a snake.

- Lindsay, it would have been unethical

for you to give her the idea.

[shouting]

- Would you clear them out?

- Open to the public. - This is incitement!

- Let's just keep moving, please.

- I paid the woman the money.

I don't deny that. - But?

- But I didn't go into the bar looking for a call girl.

I sat down at the bar,

I ordered a nightcap, then she sat down.

- Okay, but Mr. Burrows,

she didn't force you to hire her services.

- We were talking.

Getting along.

You know, I should have known something was up.

Pretty women never come up to me.

Things were getting flirtatious.

And I started thinking, hotel bar,

I'm on the road, she says she's on the road.

And my mind is going right

to where a man's mind goes to in these situations.

- Which is where?

- My penis. - Mr. Burrows!

- I'm just being honest.

I haven't slept with a woman in four years.

I don't even go looking for it.

I'm a realist.

But now, suddenly I'm thinking this is a possibility.

- And then?

- Then she tells me she's a lady of the evening.

- And how did you respond?

- I was crushed.

One minute, I was thinking

this beautiful woman was actually attracted to me,

and then the next, I come crashing back down to Earth.

But as we continue talking, I begin to realize

why she's sitting there and smiling at me.

And it occurs to me that this possibility

that I'd been so excited about,

that still exists.

And all of these little dreams I had been dreaming--

Well, suddenly $400 seemed cheap,

and I said yes.

She got me as thirsty as she could,

she led me to a trough,

and then I get arrested because I wanted to drink.

- We were responding to a 911.

When we got there, we found the girl

behind the padlocked steel door.

- Then what happened?

- We cut through the door, freed the woman.

She told us the suspect had guns or something in the closet.

We opened the closet door

and found the remains of the nun.

- After you cut through the front door

to reach Ms. Simonson,

there was no real emergency, was there, officer?

- I suppose not.

- And did you feel Ms. Simonson had the authority

to give you permission to open the closet?

- Well...

- You knew it wasn't her home, right?

And by the way, how did you open the closet?

- Crowbar.

- Your Honor, at this time, the defense

asks that you suppress the entire contents

of that closet.

- Quiet down.

I'll see Counsel in chambers.

- It's a no-brainer. No exigency, no plain sight.

- The police were responding to what they thought was a kidnap.

- But after they went in, they had the girl.

- And if there's cause for an arrest,

there's cause for a search incident to an arrest.

- Did you just make that up? - Hold on.

- They could have secured the premises, got the warrant.

They could have come back and searched.

Instead, they just skipped the warrant.

- If there was one kidnap, there could have been two.

Somebody clearly could have been in that closet.

- Oh, come on. - Oh, Helen, don't insult--

- All right, let's just cut through this.

I'm told you'd agree to life with parole.

Let's just do that.

- That offer isn't on the table anymore.

- Bobby, I suggest you take it. - Why?

- Because that officer could have reasonably believed

there were exigent circumstances.

- What? - He's a young kid.

He comes upon a kidnap.

- Hold on a second.

- Lower your voice, please.

- You stuck us on this case to do a job.

- Which I'm grateful for.

- And you got to do yours. - Don't you raise your voice.

- You're looking to avoid setting this guy free.

I get it. But the search was bad.

- I said lower your voice.

- There were no exigent circumstances.

The suspect wasn't even there.

They knew the girl had no authority

to say yes to the search.

They had to get a warrant. They didn't.

They screwed up.

And everybody in this room knows they screwed up.

- And if you suppress the contents of that closet,

this guy walks.

We all know that too.

The victim and the weapon were inside.

- I'll hear all arguments tomorrow.

- Why? - Because I want to.

It's my prerogative.

Do you keep forgetting I'm the judge?

- Let's not you forget it.

- Oral arguments at 10:00 tomorrow.

- I'll see Ms. Gamble alone.

- Why? - Hey, out!

You better give me something, Helen.

I don't want to set him free any more

than you want me to,

but you better give me something,

because...

- Your Honor.

- Go get something.

You haven't got much time.

- Under the belief this woman was a prostitute,

you agreed to pay her $400 for sex.

- She had me in an aroused state.

- Is that your defense?

You were in an aroused state?

- My defense is entrapment.

And this crime would never have happened

if she hadn't come along.

- You agreed to pay her $400 for sex.

- Yes, Mr. Tisbury.

They got me. Good for them.

- Your Honor, I-- - No, no.

Jimmy, don't tell me to calm down.

Now I'm angry. Now, listen.

I pay my taxes, and this is what I get?

The government is waving illegal candy bars in my face

hoping that I will bite!

- And you did bite, didn't you, sir?

- Which brings me right back to congratulations!

Listen, you know, maybe you ought to litter the streets

with $20 bills next and bust the homeless

when they don't turn them in.

- What the hell was that? - I'm angry.

- Our chances ride on sympathy, and you just blew it.

- I don't care.

When I think about what they did--

- No, you did it.

They maybe brought you to the trough,

but you did drink, Clyde.

- I wanted to drink.

I wanted to bite. But I didn't.

- 'Cause you got arrested before you could!

- All right, Clyde, if we can still settle--

- No!

You know something, Jimmy, I'm a weak person.

I know that.

But I never broke a damn law in my life.

- Well, you broke this one. - They caused me to.

And it just isn't fair.

- Anything and everything on search and seizure.

Get on Westlaw.

Check the Virginia case that threw out Miranda.

Forget lunch, forget dinner. I need those citations by 7:00.

Go, go, go.

- Don't tell me.

- The officers screwed up, Mark.

Now I'm screwed going in there.

- Helen, if he walks, this...

- He's going to walk, Mark.

Unless...

Between now and 10:00 tomorrow morning,

I have to find something.

- How up to date are you on the fourth amendment?

- The fourth amendment?

It's an embarrassment.

What else you need to know?

What's wrong?

- I may have to set the nun killer free.

- What? - Warrantless search.

Stupid police mistake.

- Oh, God.

- Maybe I should just look the other way.

Let the appeals court do the dirty work.

- That isn't you, Zoey.

We both know that.

- Suppose I transfer it over to you?

- Well, it's not me either.

Besides which, I'm having a little thing

with one of the lawyers at Bobby Donnell's firm,

so I would have to recuse myself anyway.

- What? - Oh, Jimmy Berluti.

A little frolic.

- Have you lost your mind? - What?

I'm not supposed to have a personal life?

- Well you shouldn't be having it with lawyers

who appear before you.

- I don't.

That's why I just said I'd have to recuse myself.

You know,

it's been quite a while

since I've seen you smile.

It wouldn't be such a bad thing

if you went out and got yourself a little--

- Never mind.

What am I going to do, Roberta?

The man viciously killed a nun.

I put him back out there,

he'll no doubt kill somebody else.

- What about the kidnap charge? - It won't stick.

They arrested the guy coming back to the house

with coffee.

The phone in the apartment worked.

She was free to make a call.

Clearly, she wasn't being kidnapped.

What the hell am I gonna do?

- Nice bomb, Lindsay.

Couldn't tell me over breakfast, could you?

- No.

Sorry.

- You know, I realize you didn't want this case either,

but still.

What you do for a living,

it's repulsive, and your little credo of

"just doing my job"-- it doesn't excuse it.

- Hold on a second, Helen. - No, no, you hold on.

It says something about a person's character,

the kind of work that she would do.

- You're turning this personal?

- The fact that you could represent him,

even under court order,

and look at yourself in the mirror--

- I'm not gonna listen to this. - Oh, no, don't!

It might kick up a little bit of a conscience!

- Oh, give me a break. - No, Lindsay.

The breaks go to people who kill nuns.

- And the police, 'cause they are always innocent.

- The police try to catch criminals, Lindsay!

They don't--

- Three of them planted a knife in Ellenor's desk

trying to frame her and George Vogelman.

- I'm not talking about that! - I am!

And, you know, you're crying about--

- This guy killed a nun!

- If we could trust the police,

then we wouldn't have all these search and seizure rules.

- Oh, don't talk to me! - Oh, don't turn this on me!

If you were in my position you would do exactly the same thing.

- I would never be in your position!

- Hey! - Go to hell!

- You go to hell.

[sobbing]

- Were you up all night? - Couldn't sleep.

I'm sure you could.

- Oh, go to hell again.

- Lindsay, I'm sorry.

I don't mean to take it out on you.

But you're here.

- You think I want the guy free, Helen?

- No.

- He hired her.

$400 he agreed to pay her.

And his defense is what, the aroused penis defense?

The thing about prostitution, ladies and gentlemen,

we can throw the Janes in jail,

but they end up right back out there.

Because they have no choice.

Broke, some with drug problems,

some with children to support.

They can trade on their bodies, and they do.

They end up right back out on the street,

because, as far as they see it,

there's no other choice.

For the Johns, they do have a choice.

Deterrence works on the Johns.

And if we can shut down the demand by going after them...

And this man, he had a choice, didn't he?

He chose to knowingly break the law,

to pay for sex.

Now, he has to pay the consequence for that choice.

- Entrapment.

That's defined as when a person

is lured into the commission of a crime

that he has no predisposition to commit.

And that's this case.

Clyde Burrows never would have committed this crime

if he had been left alone by the police.

That's entrapment.

And Mr. Tisbury stands here

lecturing you on how we have to stop the Johns.

Clyde never was a John in his life.

He only became a John here

because the police convinced him to become one.

In the big picture,

is this what we want the police to be doing?

Staking out law-abiding citizens?

Baiting them into committing crimes, then busting them?

Sure, if Clyde Burrows had been stronger,

he could have resisted.

Maybe if he'd been more moral, he would have resisted.

But he wasn't.

He was weak.

And thank God we have the police

to go out and find the weak

and lure them into committing crimes.

Come on.

The police are supposed to protect us, not trap us.

The police are supposed to be catching the people

who are out there committing crimes,

not finding innocent people

and luring them into committing crimes.

Clyde Burrows would not be sitting here today

but for the actions of a police officer.

Is this the government we want?

[phone rings]

- Donnell, Young, Dole, and Frutt.

Oh, shut up.

Heard of star 69, you idiot?

I'm reporting you to the police.

- What's going on? - It's this case.

People don't like us doing it.

- Absent exigent circumstances,

the police cannot search without a warrant.

- They thought she was kidnapped.

- Which buys them entry.

But once they had her,

once the exigency was over, they had to get a warrant.

There was no danger of losing evidence.

They could have secured the premises.

They can't even argue search incident to the arrest,

because the subject was arrested outside the building.

I know the idea of setting a murder defendant

free is, of course,

repugnant to everybody in this room.

Especially this defendant.

But we have a constitution,

a fourth amendment and case law

that couldn't be more clear.

The police were required to have a warrant to search that closet.

They didn't get that warrant.

As a result,

everything in that closet is inadmissible as evidence.

- Ms. Gamble.

Ms. Gamble?

The fourth amendment does not require warrants.

It protects people against unreasonable searches,

but it has never,

by its language, required warrants.

- The Supreme Court has chimed in

and said that it does.

- The modern Supreme Court interpreted it that way.

The language only requires reasonableness,

and nowhere, nowhere does the fourth amendment ever say

that evidence obtained absent a warrant

or even absent reasonableness be excluded.

This exclusionary rule wasn't carved out by the courts

until 1961.

That means for 172 years,

the fourth amendment did just fine

without excluding evidence.

The courts decided to impose that sanction.

The courts decided that that would be the best way

to remedy police misconduct.

Now we've stretched it to remedy police mistakes.

Innocent mistakes, which themselves are reasonable.

If a convicted felon locks up a woman,

if he tells her he has guns in his closet,

reason says he's forfeited his right to privacy.

Reason says those police officers should go in

and investigate.

- Are you asking me to ignore the holdings

of the Supreme Court?

- I'm asking you to recognize the absurdity

of the exclusionary rule.

I'm asking you to recognize

how ridiculous it is to require 20-year-old police officers

to understand the law when judges and lawyers can't.

In this case, there was no misconduct by the officers.

They rescued a woman who appeared to be kidnapped.

They attempted to make sure the apartment was gun-free

before the kidnapper returned.

This is reasonable.

That man sitting right over there stabbed a nun 30 times

and cut her into pieces.

He has a felony record.

He...

Last night, I got into a screaming argument

with the defense counsel.

She accused me of making this personal.

It is personal.

I take my job very personally, Your Honor.

I like to come in here

thinking the work I do counts for something.

Just like those police officers.

And when we see criminals get turned loose

on technicalities

that have nothing to do with merit or...

The Constitution was designed to protect the innocent.

Not the guilty.

In this case, that man, Your Honor--

Feed this right into the mouths of the Supreme Court,

if they want to spit him back on the street.

Yes.

Yes, I'm asking you to overrule recent decisions.

We need a brave judge to do that, Your Honor,

otherwise they'll never get the chance

to revisit the irrationality of--

He killed a nun.

He mutilated a nun and stuffed her into a closet.

The fourth amendment was never meant to protect this animal.

I'm sorry, it's personal.

[shouting]

- I don't want to be Judge Hiller.

- I think Helen did pretty well.

- Given her hand.

I've seen you better.

- I'm sorry?

- You hit all the marks. You certainly weren't bad.

But I've seen you better.

- Are you accusing me of something?

- No.

- Let's see you defend that guy better, Bobby.

- I wasn't criticizing--

- Yes you are, and I don't like it.

- Will the defendant please rise.

Has the jury reached its verdict?

- We have, Your Honor.

- What say you?

- In the matter of Commonwealth versus Burrows

on the charge of solicitation,

we find the defendant, Clyde Burrows,

not guilty.

- Wow. - Oh, God.

Oh, thank you. Oh, thank you.

- You stuck to your guns, Clyde.

You hung in there.

I got to admit, I didn't think we'd win.

- Well, I owe you big.

- Do me a favor, from now on,

go to bars like this instead of hotels.

Pretty women don't come in here. Except for Beck.

- I take offense at that. - Roberta.

- Hi, I just swung by to tell you

that I won't be able to see you later tonight.

I've got to check on Judge Hiller.

She may need me.

- Well, how'd she rule? - Oh, she hasn't yet.

I don't know which way she's gonna go.

So can I please have a rain check for dinner?

- Sure, sure. [pager beeping]

- Oh, she's made up her mind.

I've got to go.

I'll call you later.

- We're friends.

- I agree with Ms. Gamble.

There is nothing

in the language of the fourth amendment

that requires warrants.

Nor is there anything

that says illegally obtained evidence should be excluded.

These rulings have been carved out by the courts

in response to our distrust of the police.

I also realize the courts are more

than willing to adjust their thinking

to the needs of the day.

We search bags at airports now without warrants.

Make people go through metal detectors.

California requires fingerprints just to get a driver's license.

The Department of Transportation has mandatory drug testing.

We have all these invasive things

we do to people absent not only warrants,

but absent any suspicion of wrongdoing.

So why can't a police officer

who has been told there are weapons

in the closet of a convicted felon,

a man suspected of kidnapping--

why can't he open the closet?

I agree with the district attorney.

The fourth amendment has been interpreted

and expanded by the courts to the point

where it belies both the language

and the intent of the amendment,

which is reasonableness.

But I also know the Supreme Court rulings

on search and seizure have set clear rules.

And as much as I would love to be a renegade,

our criminal justice system

has no chance whatsoever

once the judges themselves begin embracing judicial anarchy.

The search of the closet was illegal.

The contents are inadmissible.

With the contents suppressed,

I find no probable cause to hold the defendant.

He is free to go.