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These are the user uploaded subtitles that are being translated: 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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