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1
00:00:02,075 --> 00:00:03,476
Previously on The Practice:
2
00:00:04,511 --> 00:00:07,114
His name is James McNoun.
3
00:00:07,147 --> 00:00:09,282
He's a business associate
of Marcia's.
4
00:00:09,316 --> 00:00:11,784
The police have issued
no statement as of yet,
5
00:00:11,818 --> 00:00:15,188
except to confirm that
a fatal shooting did take place
6
00:00:15,222 --> 00:00:16,456
in the senator's home.
7
00:00:16,489 --> 00:00:17,857
This is Alan Lowe.
8
00:00:17,890 --> 00:00:19,292
He just came over
from Middlesex.
9
00:00:19,326 --> 00:00:20,427
Why do I care?
10
00:00:20,460 --> 00:00:22,229
Because he's
your backup on this.
11
00:00:22,262 --> 00:00:24,631
My father didn't know
about the affair,
12
00:00:24,664 --> 00:00:26,399
but I certainly did.
13
00:00:26,433 --> 00:00:29,669
First I got the gun,
and I shot Mr. McNoun.
14
00:00:29,702 --> 00:00:31,971
Your Honor... Chambers!
15
00:00:32,004 --> 00:00:34,574
No question. We're having
our hand forced by perjury,
16
00:00:34,607 --> 00:00:37,244
but the likelihood is he
flipped out and he shot the guy,
17
00:00:37,277 --> 00:00:40,147
and we would be crazy
to walk away from this deal.
18
00:00:40,180 --> 00:00:42,949
I only accepted
this plea of manslaughter
19
00:00:42,982 --> 00:00:45,085
because my conscience
cannot permit
20
00:00:45,118 --> 00:00:48,788
allowing my daughter to accept
any culpability for this act.
21
00:00:48,821 --> 00:00:50,290
And if she is the shooter,
22
00:00:50,323 --> 00:00:53,593
I am going
to eventually prove it.
23
00:00:53,626 --> 00:00:56,529
I say this now...
Client to attorney...
24
00:00:58,131 --> 00:01:01,034
Jim McNoun had his affair
with Keith.
25
00:01:01,768 --> 00:01:03,203
What?
26
00:01:03,236 --> 00:01:05,372
You all were so close.
27
00:01:05,405 --> 00:01:07,840
You just had
the wrong spouse in bed.
28
00:01:09,576 --> 00:01:11,478
And the wrong one with the gun.
29
00:01:11,511 --> 00:01:13,546
I made a mistake.
30
00:01:13,580 --> 00:01:16,116
I will now serve time
for that mistake.
31
00:01:28,828 --> 00:01:30,697
I appreciate you coming in.
32
00:01:30,730 --> 00:01:32,332
If this is
what I think it's about,
33
00:01:32,365 --> 00:01:34,734
I'm happy to have the discussion
here instead of my home.
34
00:01:34,767 --> 00:01:36,436
We can go
into the conference room.
35
00:01:49,516 --> 00:01:51,684
I won't presume
to know the anger
36
00:01:51,718 --> 00:01:53,486
you must feel
toward your husband.
37
00:01:53,520 --> 00:01:55,155
Wise choice.
38
00:01:55,188 --> 00:01:58,058
He's in prison for a murder
he didn't commit.
39
00:01:59,259 --> 00:02:01,194
Can you really live with that?
40
00:02:02,629 --> 00:02:06,266
Was that your concern...
How I'm holding up?
41
00:02:06,299 --> 00:02:09,502
If I can negotiate
a favorable deal
42
00:02:09,536 --> 00:02:11,638
with the district attorney... No.
43
00:02:11,671 --> 00:02:14,207
Marcia... Ellenor...
44
00:02:14,241 --> 00:02:15,908
I told you what I told you
45
00:02:15,942 --> 00:02:17,644
under the seal
of attorney-client...
46
00:02:17,677 --> 00:02:19,146
I know this, but...
47
00:02:19,179 --> 00:02:21,981
Then let me tell you
something you may not know.
48
00:02:22,015 --> 00:02:26,453
If you reveal my confidence,
I will sue you.
49
00:02:27,354 --> 00:02:28,955
And this firm.
50
00:02:33,626 --> 00:02:36,829
Do you really think I'm afraid
of being sued, Marcia?
51
00:02:39,466 --> 00:02:42,202
Keith can accept it this way.
Why can't you?
52
00:02:42,235 --> 00:02:44,804
Because I can't.
53
00:02:47,140 --> 00:02:49,809
If you pull
that switch, Ellenor,
54
00:02:49,842 --> 00:02:52,745
at least have the presence
of mind to enjoy it,
55
00:02:52,779 --> 00:02:54,914
because it will be
your very last act
56
00:02:54,947 --> 00:02:56,549
as a practicing attorney.
57
00:03:56,943 --> 00:03:59,346
What time?
Around 9:30...
right after you left.
58
00:03:59,379 --> 00:04:00,680
Did she say what she wanted?
59
00:04:00,713 --> 00:04:02,749
No. She and Ellenor went
into the conference room,
60
00:04:02,782 --> 00:04:04,751
but they both seemed suspicious.
Ask jimmy.
61
00:04:09,489 --> 00:04:11,324
John.
How are you?
62
00:04:11,358 --> 00:04:12,792
I'm fine. How are you?
63
00:04:12,825 --> 00:04:14,494
Great, great, great.
64
00:04:14,527 --> 00:04:16,196
Everybody, this is, uh...
65
00:04:16,229 --> 00:04:18,265
Well, they know who you are.
66
00:04:18,298 --> 00:04:19,899
John Mockler,
this is Rebecca Washington,
67
00:04:19,932 --> 00:04:21,734
Jimmy Berluti, Lucy Hatcher,
68
00:04:21,768 --> 00:04:23,403
Eugene Young.
69
00:04:23,436 --> 00:04:25,004
To what do I owe this?
70
00:04:25,038 --> 00:04:28,008
I want to engage
your services, actually.
71
00:04:28,041 --> 00:04:30,843
I have a client scheduled
for execution on Thursday.
72
00:04:30,877 --> 00:04:33,413
He wants me to be
with him in Indiana,
73
00:04:33,446 --> 00:04:36,683
which means I need
local counsel up here, rule 48.
74
00:04:36,716 --> 00:04:38,851
Actually, I start trial
on Friday.
75
00:04:38,885 --> 00:04:41,121
Bobby, there's really
nothing to do.
76
00:04:41,154 --> 00:04:43,490
I just need somebody
of record just in case.
77
00:04:43,523 --> 00:04:46,226
Me. Me.
78
00:04:47,027 --> 00:04:49,029
I think Rebecca
might be interested.
79
00:04:49,062 --> 00:04:50,830
Okay, excellent.
80
00:04:50,863 --> 00:04:52,741
Give me ten minutes.
I'll bring you up to speed.
81
00:04:52,765 --> 00:04:54,125
We can meet
in the conference room.
82
00:04:58,671 --> 00:05:00,273
John Mockler.
83
00:05:00,307 --> 00:05:01,674
Who's he?
84
00:05:01,708 --> 00:05:04,144
He's it
for death penalty appeals.
85
00:05:04,177 --> 00:05:07,714
He has stayed more executions
than everybody else combined.
86
00:05:10,350 --> 00:05:11,584
Vivian?
87
00:05:11,618 --> 00:05:14,054
Hey, Eugene.
88
00:05:14,087 --> 00:05:15,155
Wh-what's wrong?
89
00:05:15,188 --> 00:05:17,824
Well, Leonard sent me.
90
00:05:18,825 --> 00:05:21,728
To tell you that, uh,
91
00:05:21,761 --> 00:05:24,231
he doesn't want you
for the parole hearing.
92
00:05:24,264 --> 00:05:25,832
What do you mean
he doesn't want me?
93
00:05:25,865 --> 00:05:28,135
He doesn't want you.
94
00:05:29,169 --> 00:05:30,970
Well, did he hire
somebody else?
No.
95
00:05:32,572 --> 00:05:36,043
He says he just wants
to represent himself this time.
96
00:05:37,944 --> 00:05:39,546
You know how he gets.
97
00:05:41,481 --> 00:05:42,615
Let's go.
98
00:05:45,318 --> 00:05:47,620
All federal executions
are in Indiana.
99
00:05:47,654 --> 00:05:49,922
Jurisdiction of the case,
though, is still in Boston,
100
00:05:49,956 --> 00:05:51,991
which is why
I need local counsel
101
00:05:52,025 --> 00:05:53,960
should there be any
last-minute appeals...
102
00:05:53,993 --> 00:05:56,096
Which there won't be.
103
00:05:56,129 --> 00:05:57,430
Walter's waived them.
104
00:05:58,231 --> 00:05:59,266
What did he do?
105
00:05:59,299 --> 00:06:01,401
Killed a federal employee.
106
00:06:01,434 --> 00:06:04,871
It wasn't very pretty,
but that was then.
107
00:06:04,904 --> 00:06:08,008
Today he's a different man.
108
00:06:09,142 --> 00:06:10,142
And...
109
00:06:11,244 --> 00:06:12,612
he's ready to die.
110
00:06:13,713 --> 00:06:15,282
He wants to die?
111
00:06:16,116 --> 00:06:17,284
He wants closure.
112
00:06:18,018 --> 00:06:19,486
I was...
113
00:06:19,519 --> 00:06:21,754
I was hoping
I'd get to do something.
114
00:06:23,890 --> 00:06:25,292
Can... can I meet him?
115
00:06:27,027 --> 00:06:28,995
What if he changes his mind
116
00:06:29,029 --> 00:06:32,499
and suddenly does want me
to file an appeal?
117
00:06:32,532 --> 00:06:34,867
It would help for me to be able
to represent to the court
118
00:06:34,901 --> 00:06:36,336
that I know him a little.
119
00:06:37,337 --> 00:06:38,605
Okay. Good point.
120
00:06:39,906 --> 00:06:41,308
Want to come with me now?
121
00:06:41,341 --> 00:06:42,675
Oh, sure.
122
00:06:42,709 --> 00:06:43,810
Well, let's go.
123
00:06:46,046 --> 00:06:48,081
Keith was sleeping with the guy,
124
00:06:48,115 --> 00:06:49,382
and she shot him.
125
00:06:49,916 --> 00:06:53,053
But she prefaced it
with client-to-attorney,
126
00:06:53,086 --> 00:06:55,688
and I know ordinarily
it has to be sealed,
127
00:06:55,722 --> 00:06:57,224
but since we represent
Keith as well,
128
00:06:57,257 --> 00:06:59,159
and this could help him...
129
00:06:59,192 --> 00:07:01,528
This is why we should have
never represented both of them.
130
00:07:01,561 --> 00:07:03,296
That's something
you don't need to tell me.
131
00:07:03,330 --> 00:07:05,665
The question is, what do we do?
132
00:07:06,966 --> 00:07:08,477
I don't think
there's anything we can do.
133
00:07:08,501 --> 00:07:10,037
So the congressman is gay?
134
00:07:10,070 --> 00:07:12,072
We just sit back
and let an innocent man...
135
00:07:12,105 --> 00:07:13,416
You tried to convince her
to come forward?
136
00:07:13,440 --> 00:07:15,942
Oh, yes. She didn't
exactly waver in her response.
137
00:07:15,975 --> 00:07:17,410
And Keith knows she did it,
138
00:07:17,444 --> 00:07:19,212
and he's taking the fall?
139
00:07:19,246 --> 00:07:21,014
That's another story, but yes.
140
00:07:22,849 --> 00:07:25,252
Have her come in again
and see how well
she plays poker.
141
00:07:25,285 --> 00:07:27,820
Bobby, she doesn't really scare.
142
00:07:27,854 --> 00:07:29,289
Have her come in.
143
00:07:34,561 --> 00:07:37,597
You're taking it personal.
It isn't personal!
144
00:07:37,630 --> 00:07:40,043
It should be. You...
you're the one facing life
in a prisoin cell.
145
00:07:40,067 --> 00:07:41,834
That's right.
I'm the one.
146
00:07:41,868 --> 00:07:43,646
You can't win this without
an attorney, Leonard
147
00:07:43,670 --> 00:07:45,405
This isn't about
winning, Eugene.
148
00:07:45,438 --> 00:07:46,706
The Parole Board... Leonard...
149
00:07:46,739 --> 00:07:48,208
They just look at the man now.
150
00:07:48,241 --> 00:07:50,310
I don't need a lawyer for that.
151
00:07:50,343 --> 00:07:53,313
Lawyers sometimes
can obstruct the view.
152
00:07:53,346 --> 00:07:55,748
So this is
about punishing me.
It is personal.
153
00:07:55,782 --> 00:07:58,218
I know you did
the best you could.
154
00:07:58,251 --> 00:07:59,886
I know that.
155
00:07:59,919 --> 00:08:01,998
You also know that I paid
for half of the investigation
156
00:08:02,022 --> 00:08:05,592
with my own money,
so you don't feel entitled
to tell me you're angry.
157
00:08:05,625 --> 00:08:08,261
Instead, you just
dismiss me with this
passive-aggressive garbage?
158
00:08:08,295 --> 00:08:10,997
Hey, if I wanna fire you...
You sent your wife
to say, "Don't come."
159
00:08:11,031 --> 00:08:12,565
You're fired, then, okay?
160
00:08:14,301 --> 00:08:18,405
If that's the way you want
to hear it, hear it that way.
161
00:08:22,075 --> 00:08:23,210
I figured...
162
00:08:24,311 --> 00:08:25,878
the only chance...
163
00:08:27,014 --> 00:08:29,749
to convince the board
to let me go
164
00:08:29,782 --> 00:08:32,652
is to go in there
and put myself before them
165
00:08:32,685 --> 00:08:34,221
without the shield of a lawyer.
166
00:08:34,254 --> 00:08:37,024
Without the advice,
because you know
what my advice would be.
167
00:08:37,057 --> 00:08:38,891
Enough! Shut it down!
168
00:08:46,866 --> 00:08:50,603
What message do you plan
to be bringing, Leonard?
169
00:08:50,637 --> 00:08:52,539
I am innocent.
170
00:08:54,041 --> 00:08:56,476
Same message as my trial.
171
00:08:57,777 --> 00:08:58,978
At appeal.
172
00:09:00,247 --> 00:09:02,282
I'm innocent!
173
00:09:03,916 --> 00:09:05,485
You will lose.
174
00:09:07,887 --> 00:09:10,590
Now if it seems like
I'm taking this personally,
175
00:09:10,623 --> 00:09:12,225
it's because
I know you're innocent,
176
00:09:12,259 --> 00:09:14,761
and I know
I'm the lawyer who lost this.
177
00:09:17,030 --> 00:09:18,898
I got the witnesses lined up.
178
00:09:18,931 --> 00:09:21,168
I've done my homework
on the board.
179
00:09:21,201 --> 00:09:23,136
Let me do this
with you, Leonard.
180
00:09:23,170 --> 00:09:24,837
You got a wife out there, man,
181
00:09:24,871 --> 00:09:27,740
a son who wants his dad
to come home.
182
00:09:27,774 --> 00:09:29,309
Let me help you.
183
00:09:49,862 --> 00:09:52,032
Didn't you explain it to her?
184
00:09:52,065 --> 00:09:54,167
Yeah, but she wanted
to meet you.
185
00:09:54,201 --> 00:09:55,868
Okay.
186
00:09:55,902 --> 00:09:57,937
Mr. Mockler tells me
187
00:09:57,970 --> 00:10:00,273
you've pretty much
given up hope.
188
00:10:00,307 --> 00:10:02,175
I'm full of hope now.
189
00:10:03,410 --> 00:10:05,645
I've never been so
hopeful in my life.
190
00:10:09,682 --> 00:10:11,751
Ms. Washington...
191
00:10:11,784 --> 00:10:15,688
Who I was when I committed
that crime
192
00:10:15,722 --> 00:10:17,424
and who I am now...
193
00:10:19,192 --> 00:10:21,161
Two very different people.
194
00:10:22,395 --> 00:10:24,097
I guess that makes me curious
195
00:10:24,131 --> 00:10:27,167
as to why the person you are now
196
00:10:27,200 --> 00:10:29,269
wishes to be executed.
197
00:10:29,302 --> 00:10:31,871
Do you know the atrocity
of my crime?
198
00:10:33,173 --> 00:10:36,576
I stabbed a woman 78 times.
199
00:10:44,817 --> 00:10:47,987
I studied this.
I prayed.
200
00:10:49,722 --> 00:10:52,725
I was trying to find a way
to forgive myself.
201
00:10:53,326 --> 00:10:54,661
And then I saw the truth.
202
00:10:56,129 --> 00:10:58,465
Forgiveness
is somebody else's job.
203
00:10:59,366 --> 00:11:00,700
And he's already done it.
204
00:11:03,203 --> 00:11:06,739
He washed me clean
the minute I sincerely repented.
205
00:11:09,109 --> 00:11:11,344
When you pray,
206
00:11:11,378 --> 00:11:14,514
do you tell God what you want,
207
00:11:14,547 --> 00:11:17,917
or do you ask him what He wants?
208
00:11:17,950 --> 00:11:22,222
God doesn't forgive you
so you can die happy.
209
00:11:23,556 --> 00:11:26,326
I think He washes you clean
210
00:11:26,359 --> 00:11:29,396
so you can start over,
so you can learn
211
00:11:29,429 --> 00:11:32,899
and struggle and do His work.
212
00:11:34,734 --> 00:11:39,772
Walter, you could live
another 40 years.
213
00:11:39,806 --> 00:11:44,577
And how much good could you do
in here in that time?
214
00:11:44,611 --> 00:11:47,014
How many people could you help?
215
00:11:47,047 --> 00:11:48,948
How many souls could you save?
216
00:11:48,981 --> 00:11:51,484
Maybe you could start
some ministries.
217
00:11:53,453 --> 00:11:56,989
Walter, have you ever
thought of that?
218
00:12:05,198 --> 00:12:08,301
We could file
an emergency hearing
in first circuit.
219
00:12:08,335 --> 00:12:11,438
He seemed like
he might change his mind.
220
00:12:11,471 --> 00:12:13,406
Rebecca, let me ask you
a question.
221
00:12:13,440 --> 00:12:15,508
Do you think
you helped in there?
222
00:12:17,444 --> 00:12:19,179
First of all, there aren't
any more issues.
223
00:12:19,212 --> 00:12:20,313
We've exhausted them.
224
00:12:20,347 --> 00:12:22,115
There's always something.
225
00:12:22,149 --> 00:12:25,385
No. No, there's not gonna
be a stay of execution.
226
00:12:25,418 --> 00:12:27,720
No commutation.
227
00:12:27,754 --> 00:12:31,791
All you succeeded in doing
just now is agitating him.
228
00:12:31,824 --> 00:12:34,894
So instead of dying
with any sense of closure
229
00:12:34,927 --> 00:12:37,297
or feeling at peace with God,
230
00:12:37,330 --> 00:12:40,767
he might now feel his death
won't be satisfactory penance.
231
00:12:42,302 --> 00:12:46,806
So, the one thing he had left
to cling to
232
00:12:46,839 --> 00:12:49,542
you perhaps
just stripped him of.
233
00:12:50,543 --> 00:12:52,379
He's not a cause, Rebecca.
234
00:12:52,412 --> 00:12:53,913
He's a human being...
235
00:12:55,848 --> 00:12:58,018
who will die on Thursday.
236
00:12:59,786 --> 00:13:01,654
Perhaps a little more
painfully now.
237
00:13:10,763 --> 00:13:12,865
The prison parole officer
will testify for you.
238
00:13:12,899 --> 00:13:14,734
He supports your release.
239
00:13:14,767 --> 00:13:17,137
Well, you'd think
that should be the end of it.
240
00:13:17,170 --> 00:13:18,271
We wish.
241
00:13:18,305 --> 00:13:21,108
The board is made up
of four prosecutors,
242
00:13:21,141 --> 00:13:23,710
a retired police lieutenant,
a probation officer,
243
00:13:23,743 --> 00:13:26,446
and an advocate
for victims' rights.
244
00:13:26,479 --> 00:13:27,847
Stacked.
245
00:13:30,850 --> 00:13:31,951
Okay.
246
00:13:33,420 --> 00:13:35,188
Let's turn to it.
247
00:13:35,222 --> 00:13:36,556
You know what I'm going to say.
248
00:13:36,589 --> 00:13:38,491
And you know what I'm
gonna say when you do.
249
00:13:38,525 --> 00:13:40,427
If you do not take
responsibility for the crime,
250
00:13:40,460 --> 00:13:41,961
they will never let you out.
251
00:13:41,994 --> 00:13:44,531
I will not say that
I committed that crime!
252
00:13:44,564 --> 00:13:46,466
They won't even adjourn
before they vote!
253
00:13:46,499 --> 00:13:47,734
I won't say... Go to hell!
254
00:13:47,767 --> 00:13:49,602
You arrogant son of a bitch!
255
00:13:49,636 --> 00:13:51,138
Get out of here!
You want to be proud?
256
00:13:51,171 --> 00:13:52,481
You got a kid
at home without a father.
257
00:13:52,505 --> 00:13:53,782
Get out of here!
How proud is that?
258
00:13:53,806 --> 00:13:55,875
Hey, guard, get him out of here!
259
00:13:55,908 --> 00:13:58,078
Hey, stay the hell away!
This is my client.
260
00:13:58,111 --> 00:14:01,448
Don't come near us.
I'm not leaving!
261
00:14:05,252 --> 00:14:06,919
You have to.
262
00:14:08,655 --> 00:14:11,024
They do not let people
out of here
263
00:14:11,058 --> 00:14:13,726
unless they show remorse.
264
00:14:15,062 --> 00:14:16,563
Now, that's the only way.
265
00:14:19,232 --> 00:14:21,101
That's the only way.
266
00:14:30,410 --> 00:14:32,379
I met with my partners
on this, Marcia,
267
00:14:32,412 --> 00:14:35,315
and we need to inform you
of our decision.
268
00:14:35,348 --> 00:14:38,185
After very careful
consideration,
269
00:14:38,218 --> 00:14:41,954
we've decided to risk sanctions
from the Massachusetts Bar,
270
00:14:41,988 --> 00:14:44,824
and we're going to reveal
your privileged communication
271
00:14:44,857 --> 00:14:46,326
to Ms. Frutt.
272
00:14:46,359 --> 00:14:48,995
We feel the sanctity
of the attorney-client privilege
273
00:14:49,029 --> 00:14:52,499
is simply outweighed
by the injustice caused
to your husband.
274
00:14:52,532 --> 00:14:55,001
Add to that,
as officers of the court,
275
00:14:55,035 --> 00:14:58,771
we feel we have an obligation
to disclose that an innocent man
276
00:14:58,805 --> 00:15:02,342
is serving a prison term
for a crime he didn't commit.
277
00:15:02,375 --> 00:15:04,544
Now, we have two choices.
278
00:15:04,577 --> 00:15:08,215
We can go forward
with you here,
or without.
279
00:15:08,248 --> 00:15:11,484
Going with you, we feel
we're in a better position
to protect you.
280
00:15:11,518 --> 00:15:14,021
We may even be able
to negotiate a reduced plea,
281
00:15:14,054 --> 00:15:16,689
given our relationship
with the district attorney.
282
00:15:16,723 --> 00:15:20,460
Obviously, it's best
for you to join hands
with us here.
283
00:15:23,330 --> 00:15:25,332
I completely agree with you.
284
00:15:26,333 --> 00:15:28,368
With a few small exceptions.
285
00:15:28,401 --> 00:15:31,038
First, if you reveal
a privilege,
286
00:15:31,071 --> 00:15:32,805
particularly this one,
287
00:15:32,839 --> 00:15:35,875
you don't simply risk sanctions,
you'd be disbarred.
288
00:15:35,908 --> 00:15:37,877
Second, by doing so,
289
00:15:37,910 --> 00:15:40,613
you perhaps unwittingly
shield me from any prosecution,
290
00:15:40,647 --> 00:15:43,916
since Ellenor won't be permitted
to testify
291
00:15:43,950 --> 00:15:45,952
and the DA would never be able
to build a case
292
00:15:45,985 --> 00:15:47,954
independent
of the poisonous fruit,
293
00:15:47,987 --> 00:15:49,656
to borrow a phrase
you're fond of.
294
00:15:49,689 --> 00:15:52,859
Third, the DA got a conviction
for this crime.
295
00:15:52,892 --> 00:15:55,295
Good luck getting her
to reconsider it.
296
00:15:55,328 --> 00:15:59,266
Fourth, I simply don't know
what Ellenor is talking about.
297
00:15:59,299 --> 00:16:02,102
She must've misunderstood
something I said.
298
00:16:02,135 --> 00:16:04,804
And fifth,
could you all go somewhere
299
00:16:04,837 --> 00:16:07,006
and respectively self-fornicate?
300
00:16:12,412 --> 00:16:16,283
I understand I may have
perhaps riled you up.
301
00:16:16,316 --> 00:16:18,085
That was not my intent.
302
00:16:18,118 --> 00:16:19,419
I understand that.
303
00:16:19,452 --> 00:16:21,721
I was only trying to convey...
304
00:16:23,423 --> 00:16:25,858
Walter, if you, in your mind,
305
00:16:25,892 --> 00:16:28,595
were choosing death
to serve God,
306
00:16:28,628 --> 00:16:30,697
it's possible to serve God
307
00:16:30,730 --> 00:16:33,466
with your life's work as well.
308
00:16:35,035 --> 00:16:37,137
I think it's best
if I accept my punishment.
309
00:16:40,440 --> 00:16:41,574
Okay.
310
00:16:41,608 --> 00:16:42,975
I do thank you.
311
00:16:46,746 --> 00:16:47,980
Well...
312
00:16:55,155 --> 00:16:56,523
It was nice to meet you.
313
00:16:59,792 --> 00:17:02,595
It's nice to have lawyers
who believe in the Lord.
314
00:17:03,796 --> 00:17:06,166
I owe my salvation
to Mr. Mockler.
315
00:17:06,199 --> 00:17:07,534
I know that.
316
00:17:10,670 --> 00:17:12,972
You do? Why?
317
00:17:13,005 --> 00:17:16,309
He opened my heart to Jesus.
318
00:17:16,343 --> 00:17:18,211
John Mockler did?
319
00:17:18,245 --> 00:17:19,846
Of course.
320
00:17:21,614 --> 00:17:23,683
Did John Mockler persuade you
321
00:17:23,716 --> 00:17:26,053
to sacrifice your life
for Jesus?
322
00:17:27,087 --> 00:17:30,790
He persuaded me to serve Jesus.
323
00:17:31,458 --> 00:17:33,326
To embrace him.
324
00:17:33,360 --> 00:17:36,296
And you're serving him by dying?
325
00:17:36,329 --> 00:17:40,367
By accepting the punishment
for my sins.
326
00:17:52,945 --> 00:17:54,814
Let's just start.
Can I begin?
327
00:17:54,847 --> 00:17:57,617
'Cause I don't think there's
anything to talk about.
328
00:17:57,650 --> 00:17:58,985
We can't break privilege.
329
00:17:59,019 --> 00:18:00,087
It's not that simple.
330
00:18:00,120 --> 00:18:01,721
I think it is.
331
00:18:01,754 --> 00:18:03,356
Privilege exists
to protect the client.
332
00:18:03,390 --> 00:18:05,125
Here, we have competing
client interests.
333
00:18:05,158 --> 00:18:06,535
It's absolute, Ellenor.
Doesn't matter.
334
00:18:06,559 --> 00:18:08,295
It does matter,
it's not absolute,
335
00:18:08,328 --> 00:18:09,296
and there are exceptions.
336
00:18:09,329 --> 00:18:11,464
But this doesn't qualify
as one of them.
337
00:18:11,498 --> 00:18:13,300
I'm just as pissed off
as you are, Ellenor.
338
00:18:13,333 --> 00:18:15,268
Well, obviously you're not!
339
00:18:18,538 --> 00:18:19,672
I'm sorry.
340
00:18:20,740 --> 00:18:23,310
Everything she said is true.
341
00:18:23,343 --> 00:18:26,546
We'd face disbarment.
It wouldn't do any good.
342
00:18:26,579 --> 00:18:28,515
Plus, what you didn't say is,
343
00:18:28,548 --> 00:18:31,051
we're in the business of keeping
clients' secrets,
344
00:18:31,084 --> 00:18:32,985
no matter what.
345
00:18:34,187 --> 00:18:35,888
There is one other way.
346
00:18:37,190 --> 00:18:38,891
Go to Keith.
347
00:18:38,925 --> 00:18:41,094
He can still
blow that whistle here.
348
00:18:44,297 --> 00:18:46,233
Can I tell him what she told us?
349
00:18:46,266 --> 00:18:47,900
Is that violating privilege?
350
00:18:47,934 --> 00:18:50,037
I don't think so,
and even if it does,
351
00:18:50,070 --> 00:18:52,772
it's nothing that she can
make a meal out of.
352
00:18:53,506 --> 00:18:55,608
Would you be okay with me
going to Keith?
353
00:18:59,379 --> 00:19:01,414
I think we can live with that.
354
00:19:02,182 --> 00:19:04,084
He didn't exhaust
all the appeals.
355
00:19:04,784 --> 00:19:06,219
What?
John Mockler.
356
00:19:06,253 --> 00:19:08,055
There's some he left out
for Walter Dawson,
357
00:19:08,088 --> 00:19:09,489
and there have been others.
358
00:19:09,522 --> 00:19:10,523
What others?
359
00:19:10,557 --> 00:19:11,924
Death penalty clients,
360
00:19:11,958 --> 00:19:13,560
who suddenly found God
361
00:19:13,593 --> 00:19:15,562
and decided to waive
last-minute appeals.
362
00:19:16,163 --> 00:19:18,865
John Mockler helped them all
find God.
363
00:19:18,898 --> 00:19:22,402
He's helping the state
kill his clients.
364
00:19:30,077 --> 00:19:32,045
Is this
why you wanted to see me?
365
00:19:32,079 --> 00:19:35,315
You do seem to have
a high percentage of clients
who find God.
366
00:19:35,348 --> 00:19:37,284
Right before they die.
367
00:19:37,317 --> 00:19:40,320
When was the last time
you faced death, Rebecca?
368
00:19:40,353 --> 00:19:43,056
It can make you turn
to spirituality,
believe it or not.
369
00:19:43,090 --> 00:19:47,060
You said you exhausted
all of Walter Dawson's appeals.
370
00:19:47,094 --> 00:19:48,295
You didn't.
371
00:19:48,328 --> 00:19:50,163
What'd I leave out?
372
00:19:50,197 --> 00:19:52,665
He was diagnosed
with fetal alcohol syndrome.
373
00:19:52,699 --> 00:19:54,301
That was raised at trial.
374
00:19:54,334 --> 00:19:56,103
For diminished capacity.
375
00:19:56,136 --> 00:19:59,306
It should have been raised
again for sentencing.
376
00:19:59,339 --> 00:20:01,641
I don't think it would
have had any effect.
377
00:20:01,674 --> 00:20:05,512
And I come down against drafting
kitchen sink appeals.
378
00:20:05,545 --> 00:20:06,913
You only lose credibility.
379
00:20:06,946 --> 00:20:10,583
You had another client...
Larry Wilcox?
380
00:20:10,617 --> 00:20:14,054
You chose to raise FAS
in his defense.
381
00:20:14,087 --> 00:20:16,056
I thought
it was more persuasive there.
382
00:20:16,089 --> 00:20:17,290
How come you didn't try it?
383
00:20:17,324 --> 00:20:19,692
Because I didn't think
it would fly.
384
00:20:19,726 --> 00:20:21,828
And my client, by the way,
385
00:20:21,861 --> 00:20:25,432
instructed me to drop
all further appeals.
386
00:20:25,465 --> 00:20:28,701
After you helped him find God.
387
00:20:28,735 --> 00:20:31,171
Rebecca, he's gonna die.
388
00:20:31,204 --> 00:20:32,939
What do you suggest I do,
hand him a copy
389
00:20:32,972 --> 00:20:35,042
of Chicken Soup for the Soul?
All right.
390
00:20:35,075 --> 00:20:39,546
Now, I pursue
all viable appeals.
391
00:20:39,579 --> 00:20:42,682
And sometimes, I even win them,
392
00:20:42,715 --> 00:20:44,517
if you bothered
to check up on that.
393
00:20:45,352 --> 00:20:49,322
But when there's nothing left,
when there is nothing left,
394
00:20:49,356 --> 00:20:52,025
I do try to give them
some consolation.
395
00:20:53,226 --> 00:20:55,795
If they feel they're getting
some kind of salvation,
396
00:20:55,828 --> 00:20:58,365
it helps.
397
00:20:58,398 --> 00:21:00,867
I have been there, Rebecca.
I've seen it.
398
00:21:01,434 --> 00:21:02,702
It helps.
399
00:21:13,246 --> 00:21:15,182
Ah, it's been a long time
400
00:21:15,215 --> 00:21:17,484
since I had on a coat and tie.
401
00:21:19,352 --> 00:21:20,853
You look good, Dad.
402
00:21:20,887 --> 00:21:22,289
You think so?
403
00:21:22,322 --> 00:21:25,358
Parole officer goes up first.
He's with us.
404
00:21:25,392 --> 00:21:27,860
Remember, the board doesn't
figure to be sympathetic.
405
00:21:27,894 --> 00:21:29,396
You can't let them
antagonize you.
406
00:21:29,429 --> 00:21:30,597
You want to say that again?
407
00:21:30,630 --> 00:21:32,765
You want to give me
some sign you get it?
408
00:21:32,799 --> 00:21:34,267
He gets it, Eugene.
409
00:21:34,301 --> 00:21:37,370
He's ready
to do what's necessary.
410
00:21:38,938 --> 00:21:40,240
Baby.
411
00:21:40,273 --> 00:21:43,176
All I've had these last 12 years
412
00:21:43,210 --> 00:21:45,445
is my word and the truth.
413
00:21:45,478 --> 00:21:47,880
If I say I killed that man...
414
00:21:48,981 --> 00:21:52,119
It's your only chance
to get out.
415
00:21:52,152 --> 00:21:54,821
There's been a lot of people
supporting me, Vivian...
416
00:21:55,322 --> 00:21:57,624
Raising money to pay his bills,
417
00:21:57,657 --> 00:22:00,927
people going to the bank
on my being innocent.
418
00:22:00,960 --> 00:22:03,296
What do I say to them?
419
00:22:03,330 --> 00:22:04,831
They all know
420
00:22:04,864 --> 00:22:08,135
this is part
of the game, Leonard.
421
00:22:09,802 --> 00:22:10,937
Me lying.
422
00:22:12,539 --> 00:22:16,576
I got to go and lie
to get redemption.
423
00:22:16,609 --> 00:22:17,777
That's the game.
424
00:22:17,810 --> 00:22:18,978
Dad.
425
00:22:20,280 --> 00:22:22,082
Just get yourself out.
426
00:22:23,583 --> 00:22:24,951
Come home.
427
00:22:42,102 --> 00:22:43,336
Ellenor went to see Keith,
428
00:22:43,370 --> 00:22:44,904
Eugene is at the parole hearing,
429
00:22:44,937 --> 00:22:47,240
and Rebecca...
430
00:22:51,511 --> 00:22:52,912
You never went home.
431
00:22:52,945 --> 00:22:54,747
There's more.
Rebecca...
432
00:22:54,781 --> 00:22:57,617
You might believe him...
but I don't.
433
00:22:57,650 --> 00:22:58,985
There is nobody who's done more
434
00:22:59,019 --> 00:23:01,354
to fight the death penalty
than John Mockler.
435
00:23:01,388 --> 00:23:04,391
Bobby, there's more.
436
00:23:08,628 --> 00:23:10,197
What are you talking about?
437
00:23:10,730 --> 00:23:12,832
Keith, I know.
438
00:23:14,334 --> 00:23:17,104
Marcia discovered you
in bed with McNoun.
439
00:23:17,137 --> 00:23:18,571
She killed him.
440
00:23:19,639 --> 00:23:20,940
I know it all.
441
00:23:22,442 --> 00:23:24,644
How can you be willing
to serve a sentence
442
00:23:24,677 --> 00:23:27,280
for a crime she committed?
443
00:23:29,416 --> 00:23:30,683
My God.
444
00:23:31,718 --> 00:23:34,554
Do you think being gay
is worse for your image
445
00:23:34,587 --> 00:23:37,024
than being thought of
as a murderer?
446
00:23:38,391 --> 00:23:40,493
I don't know
what you're talking about.
447
00:23:40,527 --> 00:23:44,231
Marcia told me to keep me
from going after Allison.
448
00:23:45,698 --> 00:23:47,934
She is lying!
449
00:23:47,967 --> 00:23:50,503
To punish me
for killing her lover!
450
00:23:50,537 --> 00:23:51,747
Oh, she's seeking to punish you
451
00:23:51,771 --> 00:23:53,640
by confessing to me
she's a murderer.
452
00:23:53,673 --> 00:23:55,042
That really makes sense.
453
00:23:56,509 --> 00:23:58,345
Keith...
454
00:23:58,378 --> 00:24:00,347
I'm one of your oldest friends.
455
00:24:02,549 --> 00:24:04,817
I am not gonna love you any less
456
00:24:04,851 --> 00:24:06,486
because you are gay.
457
00:24:06,519 --> 00:24:08,355
For God's sake...
458
00:24:08,388 --> 00:24:10,857
Do you know the letters I get?
459
00:24:10,890 --> 00:24:13,026
They think I'm a hero.
460
00:24:13,060 --> 00:24:14,627
"Good for you," they say.
461
00:24:14,661 --> 00:24:17,364
"I would have
blasted him, too."
462
00:24:17,397 --> 00:24:20,833
I'm a folk hero, Ellenor,
and when I get out,
463
00:24:20,867 --> 00:24:23,803
my constituency
will still be there.
464
00:24:24,404 --> 00:24:26,706
Michael Dukakis...
His career died
465
00:24:26,739 --> 00:24:28,441
when he reacted with dispassion
466
00:24:28,475 --> 00:24:31,844
at the idea of his wife
being attacked.
467
00:24:31,878 --> 00:24:34,581
"Good for you," they say to me.
468
00:24:34,614 --> 00:24:37,884
"You shot the bastard.
What man wouldn't?"
469
00:24:41,421 --> 00:24:42,689
Please...
470
00:24:42,722 --> 00:24:45,125
I'm instructing you
to drop this.
471
00:24:45,158 --> 00:24:48,628
I made my deal.
I'm happy with the deal.
472
00:24:49,296 --> 00:24:50,363
And as your client,
473
00:24:50,397 --> 00:24:53,100
I instruct you
to just let this be.
474
00:24:56,736 --> 00:24:59,406
You will carry out
my wish, Ellenor.
475
00:25:05,812 --> 00:25:07,214
I tell inmates,
476
00:25:07,247 --> 00:25:09,549
"Use the time in here.
Don't let it use you."
477
00:25:09,582 --> 00:25:12,052
And how has Leonard Marshall
used his time?
478
00:25:12,085 --> 00:25:14,354
Well, he's improved
his education.
479
00:25:14,387 --> 00:25:16,989
When he first came to us,
he had anger issues,
480
00:25:17,024 --> 00:25:19,526
but now he teaches
the anger management course.
481
00:25:19,559 --> 00:25:22,195
A lot of the inmates
and even some of the guards,
482
00:25:22,229 --> 00:25:23,596
they look up to him.
483
00:25:23,630 --> 00:25:25,332
I'm seeing in the file
last month,
484
00:25:25,365 --> 00:25:27,367
they found a syringe
in his cell.
485
00:25:27,400 --> 00:25:29,902
I think that syringe
was planted.
486
00:25:29,936 --> 00:25:31,704
When a man gets
a parole hearing date,
487
00:25:31,738 --> 00:25:34,907
the first thing I tell him is,
"Check under your mattress,
488
00:25:34,941 --> 00:25:38,478
and make sure nobody frames you
by planting a knife or drugs."
489
00:25:38,511 --> 00:25:40,780
If Leonard Marshall is released,
490
00:25:40,813 --> 00:25:42,549
does he pose any threat?
491
00:25:42,582 --> 00:25:44,051
Not in my opinion.
492
00:25:44,084 --> 00:25:45,385
How can you be sure?
493
00:25:45,418 --> 00:25:48,288
Well, men his age
have low recidivism rates,
494
00:25:48,321 --> 00:25:51,558
especially when they have
a support network
on the outside.
495
00:25:51,591 --> 00:25:54,561
He's got that support
from his wife and his son.
496
00:25:54,594 --> 00:25:56,196
Correct me if I'm wrong,
497
00:25:56,229 --> 00:25:58,098
but half the men in prison today
498
00:25:58,131 --> 00:26:00,200
committed felony crimes
while on parole.
499
00:26:00,233 --> 00:26:01,434
Well...
500
00:26:01,468 --> 00:26:03,503
Again, correct me if I'm wrong,
501
00:26:03,536 --> 00:26:08,108
but in 1991, 13,000
people were murdered
in this country
502
00:26:08,141 --> 00:26:11,511
by criminals
on parole or probation.
503
00:26:11,544 --> 00:26:13,713
Is the chairwoman
introducing evidence?
504
00:26:13,746 --> 00:26:15,748
Mr. Young, this is not
a court of law.
505
00:26:15,782 --> 00:26:17,584
The rules of evidence
do not apply.
506
00:26:17,617 --> 00:26:18,751
I realize that, but...
507
00:26:18,785 --> 00:26:22,055
Also, there's no reason
to object.
508
00:26:22,089 --> 00:26:25,492
No appellate court
reviews our decisions.
509
00:26:30,863 --> 00:26:32,165
I don't have time for this.
510
00:26:32,199 --> 00:26:35,202
I'm on a plane to Indiana
within the hour.
511
00:26:35,235 --> 00:26:37,937
Things seem to be
a little coincidental.
512
00:26:37,970 --> 00:26:40,473
Your most heinous clients
seem to find God
513
00:26:40,507 --> 00:26:42,575
and waive all their appeals.
514
00:26:42,609 --> 00:26:43,686
The ones who might be innocent,
515
00:26:43,710 --> 00:26:45,445
you push their cases to the end.
516
00:26:45,478 --> 00:26:47,180
And you think
that's coincidental,
517
00:26:47,214 --> 00:26:49,182
that the evil would be
more predisposed
518
00:26:49,216 --> 00:26:50,717
to seek redemption?
519
00:26:50,750 --> 00:26:54,587
You're deciding who lives
and who dies, John.
520
00:26:55,122 --> 00:26:57,024
The ones you choose
not to fight for,
521
00:26:57,057 --> 00:27:00,060
you steer them to find religion.
522
00:27:00,093 --> 00:27:03,363
You're conducting
some kind of mad triage
with your clients.
523
00:27:03,396 --> 00:27:06,033
No, what's mad
is that suggestion.
524
00:27:06,066 --> 00:27:07,900
I called a lot of the families.
525
00:27:07,934 --> 00:27:12,405
You influence Death Row inmates
to waive appeals,
526
00:27:12,439 --> 00:27:13,906
to seek salvation.
527
00:27:13,940 --> 00:27:15,175
I'm not listening to this.
528
00:27:15,875 --> 00:27:17,610
I used to respect you.
529
00:27:20,613 --> 00:27:23,183
All this time I thought
you were this big champion
530
00:27:23,216 --> 00:27:26,753
against the death penalty,
and look at what you are.
531
00:27:28,521 --> 00:27:32,125
Do you know when you file
for stay of execution
with the Supreme Court,
532
00:27:32,159 --> 00:27:34,294
you're lucky
if one of the clerks
533
00:27:34,327 --> 00:27:36,463
even skims your brief?
534
00:27:36,496 --> 00:27:38,065
Know why that is?
535
00:27:38,098 --> 00:27:42,569
Because every attorney
for every Death Row inmate
files,
536
00:27:42,602 --> 00:27:45,238
claiming his case is special.
537
00:27:45,272 --> 00:27:46,939
And eventually all of them...
538
00:27:46,973 --> 00:27:50,443
All of them,
even the legitimate ones...
539
00:27:50,477 --> 00:27:52,312
Fall on deaf ears.
540
00:27:52,345 --> 00:27:54,647
Now, I'll tell you
what the problem is, Rebecca.
541
00:27:54,681 --> 00:27:59,819
Defense attorneys
have no credibility anymore.
542
00:27:59,852 --> 00:28:02,755
They pay attention when I call
543
00:28:02,789 --> 00:28:04,691
because I don't waste
their time.
544
00:28:06,026 --> 00:28:09,362
There is a reason
I've gotten more stays
545
00:28:09,396 --> 00:28:10,863
than any other lawyer.
546
00:28:10,897 --> 00:28:14,301
So you weed out the good cases
from the bad
547
00:28:14,334 --> 00:28:17,204
and sacrifice people
like Walter Dawson?
548
00:28:17,237 --> 00:28:21,208
I did everything I could
for Walter.
549
00:28:23,276 --> 00:28:26,246
And I will be at his side
tonight.
550
00:28:31,951 --> 00:28:33,353
Bye Bobby.
551
00:28:42,429 --> 00:28:44,897
Finding out it was Leonard
who did it
552
00:28:44,931 --> 00:28:47,500
was almost as painful
as losing Jack.
553
00:28:48,368 --> 00:28:49,702
We were all friends.
554
00:28:49,736 --> 00:28:51,604
At least I thought we were.
555
00:28:52,039 --> 00:28:54,474
How do you feel
about granting parole
to this man?
556
00:28:54,507 --> 00:28:56,676
I'm a Christian woman,
557
00:28:56,709 --> 00:29:00,113
so forgiving people is something
I have to try to do.
558
00:29:00,847 --> 00:29:02,782
It took me a long time,
559
00:29:02,815 --> 00:29:06,153
but I did forgive Leonard,
and I pray for him.
560
00:29:06,186 --> 00:29:08,788
You've heard the testimony
about the prisoner's
561
00:29:08,821 --> 00:29:10,823
exemplary behavior
over many years.
562
00:29:10,857 --> 00:29:13,926
Sounds like the Leonard Marshall
I used to know.
563
00:29:13,960 --> 00:29:16,096
Are you saying
you support parole
564
00:29:16,129 --> 00:29:18,131
for your husband's killer,
Mrs. Horan?
565
00:29:18,165 --> 00:29:21,134
I don't believe
in an eye for an eye,
566
00:29:21,668 --> 00:29:24,537
but I wouldn't want
another family to be destroyed
567
00:29:24,571 --> 00:29:26,573
like mine was,
568
00:29:26,606 --> 00:29:29,642
so I pray
that you keep him in prison
569
00:29:29,676 --> 00:29:31,711
for as long as he lives.
570
00:29:35,815 --> 00:29:36,983
Thank you.
571
00:29:39,186 --> 00:29:40,653
We'll take a 15-minute break
572
00:29:40,687 --> 00:29:42,289
and then we'll hear
from Mr. Marshall.
573
00:29:47,860 --> 00:29:49,362
It comes down to you.
574
00:29:50,997 --> 00:29:53,033
I don't think I can
say it, Eugene.
575
00:29:54,834 --> 00:29:57,037
I cannot say I'm guilty.
576
00:29:57,837 --> 00:29:59,906
If you don't, Leonard,
577
00:29:59,939 --> 00:30:02,309
you will spend
the rest of your life in prison.
578
00:30:12,852 --> 00:30:15,155
I swore to my wife and son...
579
00:30:16,256 --> 00:30:19,926
that I wouldn't let prison
make me hard or break me.
580
00:30:21,861 --> 00:30:23,263
And if it wasn't for them...
581
00:30:26,266 --> 00:30:28,068
I don't know.
582
00:30:28,535 --> 00:30:31,504
It sounds like you've done
better in prison than out.
583
00:30:32,639 --> 00:30:34,607
I'm sorry?
Well, on the streets,
584
00:30:34,641 --> 00:30:36,809
you seem to have had trouble
holding a job,
585
00:30:36,843 --> 00:30:39,246
and when you got fired
from the garage,
586
00:30:39,279 --> 00:30:40,980
you got angry
and committed murder.
587
00:30:41,014 --> 00:30:43,416
Is it possible you do better
588
00:30:43,450 --> 00:30:45,718
in a more structured
environment?
589
00:30:48,088 --> 00:30:50,223
What are your plans
if you're released?
590
00:30:50,257 --> 00:30:52,459
After what
I've been through here,
591
00:30:53,126 --> 00:30:55,028
I'd like to find a way
592
00:30:55,062 --> 00:30:59,132
to... help kids
stay out of trouble,
593
00:30:59,166 --> 00:31:03,470
maybe become a counselor
or a teacher or something.
594
00:31:04,337 --> 00:31:08,741
At trial, you denied
murdering Jack Horan,
595
00:31:08,775 --> 00:31:10,010
is that correct?
596
00:31:10,710 --> 00:31:11,678
Yes.
597
00:31:11,711 --> 00:31:13,813
And you continued
to deny your guilt
598
00:31:13,846 --> 00:31:15,815
throughout
the appellate process.
599
00:31:16,716 --> 00:31:17,884
Yes.
600
00:31:17,917 --> 00:31:21,388
Do you now accept responsibility
for your crime?
601
00:31:24,057 --> 00:31:26,859
Mr. Marshall,
did you not hear my question?
602
00:31:30,330 --> 00:31:32,432
I heard the question.
603
00:31:32,465 --> 00:31:36,669
Sir, Mrs. Horan
is sitting right there.
604
00:31:36,703 --> 00:31:38,671
She's been waiting 12 years
605
00:31:38,705 --> 00:31:40,807
for you to finally tell
the truth.
606
00:31:40,840 --> 00:31:42,775
Is that gonna happen today?
607
00:31:56,256 --> 00:31:57,457
Mrs. Horan...
608
00:31:59,492 --> 00:32:02,695
I know you suffered so much.
609
00:32:05,765 --> 00:32:07,134
And I'm sorry...
610
00:32:15,108 --> 00:32:18,711
but I did not kill your husband.
611
00:32:23,816 --> 00:32:25,085
Mr. Marshall...
612
00:32:26,919 --> 00:32:31,691
Taking responsibility
means admitting the crime.
613
00:32:32,192 --> 00:32:34,761
Even if it's not the truth?
614
00:32:34,794 --> 00:32:35,862
Leonard...
615
00:32:35,895 --> 00:32:38,831
Mr. Marshall,
I will remind you, sir,
616
00:32:38,865 --> 00:32:42,169
accountability is
a condition for parole.
617
00:32:42,202 --> 00:32:45,272
I didn't kill anybody.
Leonard, don't.
618
00:32:45,305 --> 00:32:47,207
You're telling me,
to get out of here...
619
00:32:49,742 --> 00:32:51,878
I got to show you
I'm a good man.
620
00:32:52,545 --> 00:32:54,347
And the only way to do that
621
00:32:54,381 --> 00:32:57,584
is to lie and say I'm a killer.
622
00:32:58,185 --> 00:33:00,087
Well, I am not a killer!
623
00:33:00,120 --> 00:33:03,156
I am not a killer!
624
00:33:04,457 --> 00:33:05,792
Are you done?
625
00:33:05,825 --> 00:33:07,327
I am not done.
626
00:33:07,360 --> 00:33:09,362
You see...
627
00:33:09,396 --> 00:33:13,533
you have to make me
say I killed him,
628
00:33:13,566 --> 00:33:15,868
because otherwise,
629
00:33:15,902 --> 00:33:18,871
you have to face the fact
630
00:33:18,905 --> 00:33:22,342
that you've got an innocent man
sitting in jail
631
00:33:22,375 --> 00:33:26,213
for 12 years,
for something he didn't do.
632
00:33:27,347 --> 00:33:28,948
You just want to pretend
633
00:33:28,981 --> 00:33:31,284
you only got guilty people
in prison.
634
00:33:31,318 --> 00:33:33,686
Mr. Marshall,
I warn you...
635
00:33:33,720 --> 00:33:35,588
You warn me what?
636
00:33:35,622 --> 00:33:38,058
That I'm not
going to get parole?
637
00:33:38,091 --> 00:33:40,827
I was never going to get parole.
638
00:33:42,362 --> 00:33:43,696
Not from you.
639
00:33:48,501 --> 00:33:51,138
You know, it's a joke.
640
00:33:51,704 --> 00:33:53,706
A damn joke.
641
00:33:56,976 --> 00:33:58,511
Now, I'm done.
642
00:34:09,256 --> 00:34:11,924
Rule 48 says I can make
an oral motion
643
00:34:11,958 --> 00:34:13,193
for an emergency stay.
644
00:34:13,226 --> 00:34:14,594
Yeah, wait a second.
645
00:34:14,627 --> 00:34:16,496
Your client wants
to be executed.
646
00:34:16,529 --> 00:34:18,798
Because he was brainwashed
by his lawyer.
647
00:34:19,832 --> 00:34:21,334
Are you serious?
648
00:34:21,368 --> 00:34:23,703
Your Honor,
I really believe it's true.
649
00:34:23,736 --> 00:34:25,481
I've been a friend
of John Mockler's for a long...
650
00:34:25,505 --> 00:34:27,640
If John Mockler didn't want
to help somebody,
651
00:34:27,674 --> 00:34:30,543
why wouldn't he just decline
to take the case?
652
00:34:30,577 --> 00:34:33,380
Are you suggesting
he took on clients
653
00:34:33,413 --> 00:34:36,683
for the purpose of securing
their executions?
654
00:34:37,750 --> 00:34:39,119
Possibly, yes.
655
00:34:40,020 --> 00:34:41,488
Why?
656
00:34:41,521 --> 00:34:44,824
Well, he has cases
he wants heard
657
00:34:44,857 --> 00:34:46,859
at the appellate level
at the Supreme Court.
658
00:34:46,893 --> 00:34:48,761
Because those courts
are inundated
659
00:34:48,795 --> 00:34:50,235
with so many futile
baseless appeals,
660
00:34:50,263 --> 00:34:53,266
a lot of deserving cases get
thrown out with the bath water.
661
00:34:53,300 --> 00:34:56,736
So I think he takes cases
to weed them.
662
00:34:56,769 --> 00:34:59,072
If there's anything remotely
redeeming about a client,
663
00:34:59,106 --> 00:35:00,840
or there's police misconduct,
664
00:35:00,873 --> 00:35:02,709
or the guy could possibly
be innocent,
665
00:35:02,742 --> 00:35:04,077
he goes to the mat.
666
00:35:04,111 --> 00:35:05,778
For the scumballs,
667
00:35:05,812 --> 00:35:09,249
they all find God
and waive final appeals.
668
00:35:09,282 --> 00:35:13,920
He is deciding who's entitled
to a defense and who's not.
669
00:35:15,655 --> 00:35:17,057
On the record before me,
670
00:35:17,090 --> 00:35:20,693
Mr. Mockler has committed
no malpractice.
671
00:35:20,727 --> 00:35:24,064
And there is no evidence
of any mental defect
672
00:35:24,097 --> 00:35:26,366
on the part of Walter Dawson.
673
00:35:26,399 --> 00:35:29,636
Can you stay the execution
for a week,
674
00:35:29,669 --> 00:35:31,504
to at least take a look?
675
00:35:34,006 --> 00:35:35,475
No.
676
00:35:36,843 --> 00:35:39,812
But I...
I salute your innovation.
677
00:35:39,846 --> 00:35:42,149
I mean, this is...
This is a new one.
678
00:35:43,450 --> 00:35:45,752
Is John Mockler behind this?
679
00:35:47,320 --> 00:35:49,756
No, he isn't.
680
00:35:53,160 --> 00:35:54,794
Declare him incompetent?
681
00:35:54,827 --> 00:35:56,196
It's all I can think of.
682
00:35:56,229 --> 00:35:57,897
I mean, you should have
seen him, Jimmy.
683
00:35:57,930 --> 00:36:00,067
He... he sounded almost deranged.
684
00:36:00,100 --> 00:36:03,770
But he's still
legally competent.
685
00:36:03,803 --> 00:36:06,339
Ellenor, we're at a dead end.
686
00:36:06,373 --> 00:36:08,375
There's nothing more we can do.
687
00:36:15,115 --> 00:36:17,084
So you went to see Keith
688
00:36:17,117 --> 00:36:19,052
and told him what I said to you.
689
00:36:19,086 --> 00:36:20,320
Why don't you sue me?
690
00:36:20,353 --> 00:36:22,622
Ellenor, if you go
any further with this,
691
00:36:22,655 --> 00:36:25,525
I will very much sue you.
Count on that.
692
00:36:25,558 --> 00:36:28,995
Marcia, sooner or later,
693
00:36:29,029 --> 00:36:31,364
you're gonna make a mistake.
694
00:36:32,865 --> 00:36:35,001
Well, for now,
695
00:36:35,035 --> 00:36:37,504
you'll have to wait
until that happens.
696
00:36:37,537 --> 00:36:41,007
I will.
You can count on that.
697
00:36:48,581 --> 00:36:52,352
The fact is, parole
is a political process.
698
00:36:52,385 --> 00:36:54,887
A man convicted of murder
wants to be released.
699
00:36:54,921 --> 00:36:57,090
If you deny that request,
nothing happens,
700
00:36:57,124 --> 00:36:58,625
but if you grant it,
701
00:36:58,658 --> 00:37:01,128
there's always a chance
he might kill again.
702
00:37:01,161 --> 00:37:03,063
Nobody needs that pressure,
703
00:37:03,096 --> 00:37:04,731
nobody wants that guilt,
704
00:37:04,764 --> 00:37:06,499
nobody's looking
for a public scandal,
705
00:37:06,533 --> 00:37:09,269
so, yes, you could give
my client a fair hearing,
706
00:37:09,302 --> 00:37:11,571
but bottom line...
What's in it for you?
707
00:37:11,604 --> 00:37:14,574
Are you saying we're
corrupt, Mr. Young?
708
00:37:14,607 --> 00:37:17,910
I'm saying that what
we've forgotten somehow
709
00:37:17,944 --> 00:37:19,512
is that this is a man...
710
00:37:19,546 --> 00:37:22,182
A man who has fought
to better himself,
711
00:37:22,215 --> 00:37:24,851
a man who has done his time
with grace and dignity,
712
00:37:24,884 --> 00:37:27,087
a man who deserves
to be released,
713
00:37:27,120 --> 00:37:29,322
but because there is
no political upside,
714
00:37:29,356 --> 00:37:32,059
you won't take the time
to figure that out.
715
00:37:32,092 --> 00:37:33,993
Now, I admit
that a lot of these inmates
716
00:37:34,027 --> 00:37:35,428
probably should be rejected,
717
00:37:35,462 --> 00:37:37,530
but what about the few
who shouldn't be?
718
00:37:37,564 --> 00:37:40,500
Yes, Leonard Marshall
claims to be innocent,
719
00:37:40,533 --> 00:37:42,735
and what if he actually is?
720
00:37:42,769 --> 00:37:45,438
With new technology,
with the use of DNA,
721
00:37:45,472 --> 00:37:47,074
we know for a fact
722
00:37:47,107 --> 00:37:49,842
that innocent people
do get convicted.
723
00:37:49,876 --> 00:37:53,413
This is not a forum
to retry your client's guilt
or innocence.
724
00:37:53,446 --> 00:37:56,849
My client wants to go home.
725
00:37:56,883 --> 00:37:58,851
He could have lied.
726
00:37:58,885 --> 00:38:00,187
He could have come in here
727
00:38:00,220 --> 00:38:02,855
and said exactly what
you wanted to hear.
728
00:38:02,889 --> 00:38:04,824
But instead
he risked everything...
729
00:38:05,358 --> 00:38:07,660
The chance to go home
with his wife and son...
730
00:38:07,694 --> 00:38:10,130
Because he wouldn't give away
731
00:38:10,163 --> 00:38:13,133
the only thing
that kept his family sane
732
00:38:13,166 --> 00:38:15,235
for the last 12 years...
733
00:38:15,268 --> 00:38:18,971
The fact that he is innocent.
734
00:38:21,308 --> 00:38:23,776
This may not be the forum
to prove it...
735
00:38:24,611 --> 00:38:26,813
but don't tell me
it's not relevant.
736
00:38:29,882 --> 00:38:32,585
This is Leonard Marshall's
family.
737
00:38:32,619 --> 00:38:34,621
They were there
the day he was taken away,
738
00:38:34,654 --> 00:38:35,988
and they are here now,
739
00:38:36,023 --> 00:38:38,125
asking you
to please give him back.
740
00:38:38,158 --> 00:38:40,127
Take this chance.
741
00:38:40,160 --> 00:38:44,297
Prove that you're
motivated by justice,
not politics.
742
00:38:44,331 --> 00:38:47,567
Prove that you care
about people,
not publicity.
743
00:38:47,600 --> 00:38:51,871
Prove that this board
can be feared but still fair.
744
00:38:53,005 --> 00:38:55,142
That's what Leonard
Marshall wants.
745
00:38:59,679 --> 00:39:01,114
It's what he deserves.
746
00:39:13,693 --> 00:39:14,927
Thanks.
747
00:39:17,397 --> 00:39:19,099
Viv...
748
00:39:19,899 --> 00:39:21,434
James, I, um...
749
00:39:23,970 --> 00:39:27,474
I know you're very angry
with me right now, and...
750
00:39:30,010 --> 00:39:32,512
But I, uh... I just...
751
00:39:41,154 --> 00:39:42,255
We're ready.
752
00:39:48,695 --> 00:39:49,996
Six minutes.
753
00:39:53,933 --> 00:39:57,937
For the purposes of this
hearing and our decision,
754
00:39:57,970 --> 00:40:02,475
we must presume the defendant
to be guilty as convicted.
755
00:40:02,509 --> 00:40:05,945
That said, we're faced today
756
00:40:05,978 --> 00:40:08,748
with a man who committed murder,
757
00:40:08,781 --> 00:40:14,287
who still refuses to accept
responsibility for his crime.
758
00:40:14,321 --> 00:40:17,657
I have never heard
of any parole board
759
00:40:17,690 --> 00:40:21,028
granting release
under such a circumstance.
760
00:40:25,532 --> 00:40:27,834
So today would be a first.
761
00:40:29,769 --> 00:40:31,271
By majority vote...
762
00:40:32,772 --> 00:40:35,875
Mr. Leonard Marshall's
petition for release...
763
00:40:37,077 --> 00:40:38,545
is granted.
764
00:40:42,115 --> 00:40:43,383
We are adjourned.
765
00:40:54,927 --> 00:40:56,629
Granted now?
766
00:40:58,231 --> 00:40:59,566
Pretty much.
767
00:41:10,343 --> 00:41:11,844
Oh, my God.
768
00:41:53,553 --> 00:41:54,654
Still here?
769
00:41:55,922 --> 00:41:58,025
Yeah. I didn't feel
like going home.
770
00:42:01,561 --> 00:42:03,563
Has it happened yet?
771
00:42:03,596 --> 00:42:06,599
Any minute, I guess.
I have it on.
772
00:42:10,803 --> 00:42:12,004
You did all you could.
773
00:42:13,773 --> 00:42:14,974
Here it is.
774
00:42:15,007 --> 00:42:16,809
The sentence of death
was carried out
775
00:42:16,843 --> 00:42:18,145
upon Walter Dawson.
776
00:42:18,178 --> 00:42:21,614
The procedure was
initiated at 12:09.
777
00:42:21,648 --> 00:42:24,217
Death was pronounced at 12:23.
778
00:42:24,251 --> 00:42:26,253
His final words were
to ask forgiveness
779
00:42:26,286 --> 00:42:28,821
from the victim's family.
780
00:42:28,855 --> 00:42:31,158
And from God.
781
00:42:31,191 --> 00:42:33,060
That's all. Thank you.
782
00:42:34,561 --> 00:42:36,396
That was Warden John Hauser,
783
00:42:36,429 --> 00:42:39,832
and now we are switching
to attorney John Mockler.
784
00:42:40,667 --> 00:42:45,238
As surely as Walter Dawson
committed an act of murder,
785
00:42:45,272 --> 00:42:47,840
so did our federal government
this night.
786
00:42:48,741 --> 00:42:51,578
Our country charges
all over the world,
787
00:42:51,611 --> 00:42:54,214
declaring itself a champion
of human rights.
788
00:42:54,247 --> 00:42:59,819
I ask you,
from where do we derive
our moral integrity?
789
00:43:01,421 --> 00:43:03,756
Learned Hand, you know, he said,
790
00:43:03,790 --> 00:43:06,859
"Liberty lies in our hearts.
791
00:43:08,561 --> 00:43:10,797
And once it dies there,
792
00:43:10,830 --> 00:43:13,366
no constitution can save it."
793
00:43:15,535 --> 00:43:18,705
I might suggest
the same would be true
794
00:43:18,738 --> 00:43:20,040
for humanity.
795
00:44:00,780 --> 00:44:02,015
You stinker!
57935
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