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DONNELL:
Previously on The Practice...
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00:00:02,566 --> 00:00:04,633
WEST: I am bound by the statute
to sentence you
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00:00:04,666 --> 00:00:06,533
to the Framingham
Correction Facility
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00:00:06,566 --> 00:00:08,600
for the remainder
of your natural life.
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00:00:08,633 --> 00:00:11,033
WASHINGTON: The emotional
undercurrents of a case
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play a part.
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Give me this appeal.
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I'll bring your wife home.
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QUINCY: Basically,
you took your shot,
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and you're here because
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you don't like the result.
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I'm here because of something
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called the Fifth Amendment.
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I'm here because of something
called the Sixth Amendment,
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00:00:27,233 --> 00:00:29,566
basic constitutional rights
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belonging to Lindsay Dole
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00:00:30,766 --> 00:00:33,800
that the prosecutor
blatantly trampled.
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Mr. Walsh showed contempt
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for the constitution.
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The jury heard all the evidence.
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They were properly instructed,
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and they made
their unanimous finding.
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Ms. Dole lost.
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And this court
cannot disregard a verdict
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merely because
it disagrees with it.
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Lindsay's conviction
has been reversed.
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They've ordered a new trial.
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I don't give a damn.
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That isn't true.
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WALSH: Truth be told,
I hate that firm so much
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suddenly there's something
to get juiced for.
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You watch,
they'll come crawling,
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looking to plead.
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(music playing)
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(door opens)
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Hey.
DOLE: Hi.
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DONNELL: How you doing?
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DOLE: I'm good.
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And you?
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I'm fine.
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(sighs)
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Everyone agrees.
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I was the last holdout,
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but I was finally won over.
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We should try to plead,
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voluntary manslaughter.
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There's just too much evidence,
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your threat that
you'd shoot him hours before,
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he was unarmed,
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stationary,
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your testimony
from the first trial,
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it's too much.
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We'll lose.
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It'll likely be eight years.
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Good behavior...
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you'll be out in three.
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The alternative...
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is life.
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We just can't risk that.
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Has the prosecution
agreed to it?
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We plan to take it
to them in the morning.
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They should go along.
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Three years in prison?
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It's the best result.
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I wish there were another way.
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We should plead, Lindsay.
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Okay.
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(music playing)
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STRINGER:
What do you mean trial? Today?
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BERLUTI:
If you can't plead it,
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which I highly recommend.
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The guy's got two priors.
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Lewd and lascivious.
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What did he do?
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Flashed some teenagers.
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It's a dog.
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Look, if you don't want it--
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Oh, no, no, no.
I do. I do.
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00:04:17,793 --> 00:04:20,093
It's just it's not much time
to prepare.
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BERLUTI: Just dump it
best you can.
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It's a court appointment.
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HATCHER: Six months suspended
is how it should go.
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Right.
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00:04:29,593 --> 00:04:30,760
Have you got the pleadings?
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00:04:30,793 --> 00:04:32,760
Any pretrial motions,
suppression hearings?
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Bobby met the guy
at arraignment.
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A trial date was set.
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You're up to speed.
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Got it.
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(sighs)
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00:04:50,226 --> 00:04:51,893
He's making us wait
on purpose.
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00:04:53,460 --> 00:04:55,160
He's having his fun.
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How long has it been?
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00:04:56,460 --> 00:04:57,326
Fifty minutes.
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I'm giving him 10 more.
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We can't leave.
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I'm not sitting here all day,
Bobby.
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He'll be here.
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(door knob clicks)
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Gentlemen...
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(clears throat)
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I'm sorry to keep you.
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(sighs)
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I've, uh reviewed
your plea offer.
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It's rejected.
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What?
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00:05:27,300 --> 00:05:28,766
Why?
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00:05:29,533 --> 00:05:30,700
Why?
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Because your wife
committed first-degree murder.
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The only thing
that would impel me
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to plead down
to manslaughter
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would be
a perceived difficulty
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of prevailing at trial.
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I don't have such
a perception.
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I feel confident the jury
will reach the right result,
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as they did the first time.
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Accordingly,
your offer is rejected.
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Anything else to discuss?
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This was a manslaughter.
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You know it was a manslaughter
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and you're an officer
of the court.
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00:06:05,973 --> 00:06:07,073
Thank you, Eugene.
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I always value outside input.
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Would you like to know
the particular value
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00:06:10,840 --> 00:06:12,140
I place on yours?
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00:06:12,173 --> 00:06:13,806
Are you cocky, Kenneth?
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00:06:13,840 --> 00:06:16,406
Maybe you need to review
your track record against us.
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00:06:16,440 --> 00:06:17,340
Haven't got the time,
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00:06:17,373 --> 00:06:18,373
but I'll tell you what,
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00:06:18,406 --> 00:06:20,106
I'll go over
the last matchup.
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00:06:23,973 --> 00:06:25,740
You gonna take
the stand again, Bobby?
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00:06:28,573 --> 00:06:30,440
That went real well,
didn't it?
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00:06:32,740 --> 00:06:35,773
By the way,
who's gonna try it this time?
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00:06:35,806 --> 00:06:37,540
Jimmy?
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00:06:37,573 --> 00:06:38,706
Eugene?
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00:06:38,740 --> 00:06:41,206
Ellenor was a good choice,
wasn't she?
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00:06:43,340 --> 00:06:45,040
Have a good day, boys.
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00:06:53,273 --> 00:06:54,206
What do we do now?
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00:06:54,240 --> 00:06:55,273
DONNELL:
We prepare to try it.
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00:06:55,306 --> 00:06:56,873
Jimmy, you and Bec,
I want research.
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00:06:56,906 --> 00:06:59,273
See if there's any grounds
to suppress Lindsay's testimony.
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00:06:59,306 --> 00:07:00,313
How?
DONNELL: I don't know.
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00:07:00,346 --> 00:07:01,446
Go through the transcript.
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00:07:01,480 --> 00:07:03,113
See if Walsh made
any allusion up front
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00:07:03,146 --> 00:07:05,246
to Lindsay not talking
to the police.
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00:07:05,280 --> 00:07:07,446
Maybe we can argue
she was coerced
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00:07:07,480 --> 00:07:08,846
into testifying by the D. A.
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00:07:08,880 --> 00:07:11,346
Bobby...
DONNELL: It's worth a shot.
149
00:07:11,746 --> 00:07:13,413
Ellenor, the victim
was seeing a shrink.
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00:07:13,446 --> 00:07:15,846
Maybe he told the shrink
he planned to kill Lindsay.
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00:07:15,880 --> 00:07:17,113
Privilege doesn't survive
the patient.
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00:07:17,146 --> 00:07:19,280
I interviewed his therapist.
It was a dead end.
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00:07:19,313 --> 00:07:20,180
DONNELL: Well,
subpoena his records.
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00:07:20,213 --> 00:07:21,980
Maybe there's something
in his note.
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00:07:22,013 --> 00:07:23,780
FRUTT: Bobby, the victim's
state of mind isn't relevant.
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You're thinking like a loser!
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00:07:29,146 --> 00:07:30,313
I'm sorry.
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00:07:30,346 --> 00:07:31,213
I didn't mean that.
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00:07:32,580 --> 00:07:33,946
Look, obviously,
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whatever we come up with
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00:07:35,113 --> 00:07:36,946
is going to be desperate.
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00:07:39,313 --> 00:07:40,980
Eugene?
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00:07:41,013 --> 00:07:42,513
I'm interviewing
potential experts
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00:07:42,546 --> 00:07:43,913
on post-traumatic stress.
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Hopefully,
we can find somebody
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to label her insane.
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00:07:46,780 --> 00:07:47,480
DONNELL: Good. Okay.
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00:07:47,513 --> 00:07:48,413
We all have work to do.
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00:07:48,446 --> 00:07:49,580
Let's go at it.
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00:07:49,613 --> 00:07:50,646
Ellenor...
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00:07:50,680 --> 00:07:52,813
can I talk to you a second?
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00:07:52,846 --> 00:07:55,713
Actually, I think I better
get going on this research.
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I was pissing.
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Pardon my Frenchiness,
but that's what I was doing.
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00:08:05,153 --> 00:08:06,920
I had a bladder infection.
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00:08:06,953 --> 00:08:09,020
STRINGER: And you didn't use
the restroom because?
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00:08:09,053 --> 00:08:11,586
I couldn't get there
fast enough.
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00:08:11,620 --> 00:08:14,720
I swear I was not flashing
those girls,
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00:08:14,753 --> 00:08:16,520
though they totally wanted it.
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00:08:16,553 --> 00:08:17,820
Jamie Stringer?
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Yes, hello.
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I wasn't wanking.
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00:08:20,820 --> 00:08:22,086
Yes.
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00:08:22,120 --> 00:08:23,153
(clears throat)
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00:08:23,186 --> 00:08:23,886
ALEXANDER: Can we talk?
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Sure.
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00:08:27,320 --> 00:08:29,086
Three months, we're happy.
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00:08:29,120 --> 00:08:31,586
How about six months,
but we suspend it?
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Can't.
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Third offense.
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00:08:33,886 --> 00:08:35,753
With a conviction,
he could get a year.
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Does he know that?
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He claims he's innocent.
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Yeah, I just heard,
195
00:08:39,153 --> 00:08:41,320
and his eloquence
gives me pause.
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00:08:41,353 --> 00:08:43,286
But I'm still holding out
for time.
197
00:08:43,920 --> 00:08:45,720
Then I think we have a trial.
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00:08:49,120 --> 00:08:50,820
HATCHER: You were supposed
to dump it.
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00:08:50,853 --> 00:08:51,886
What could I do?
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00:08:51,920 --> 00:08:53,986
The client wanted his day
in court.
201
00:08:54,020 --> 00:08:56,053
HATCHER: He's gonna get his day
in prison, Jamie,
202
00:08:56,086 --> 00:08:57,120
lots of them.
203
00:08:57,153 --> 00:08:58,753
He says he's innocent.
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00:08:58,786 --> 00:09:00,726
They all say they're innocent.
205
00:09:00,760 --> 00:09:02,293
Bobby's expecting you
to be freed up
206
00:09:02,326 --> 00:09:03,626
to work on Lindsay's case.
207
00:09:03,660 --> 00:09:05,593
It should be a one-day trial.
208
00:09:05,626 --> 00:09:06,593
(scoffs)
209
00:09:06,626 --> 00:09:08,260
You were supposed to dump it.
210
00:09:14,426 --> 00:09:16,593
Buy a girl a drink?
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00:09:16,626 --> 00:09:17,960
(sighs)
212
00:09:17,993 --> 00:09:20,593
Come on, Helen,
they're your friends.
213
00:09:20,626 --> 00:09:21,993
Okay.
214
00:09:22,026 --> 00:09:24,593
let's discount
my friendship,
215
00:09:24,626 --> 00:09:26,126
your hatred,
216
00:09:26,160 --> 00:09:29,793
and just objectively look
at what Lindsay did.
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00:09:29,826 --> 00:09:31,260
It's manslaughter.
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00:09:31,293 --> 00:09:32,793
(chuckles)
219
00:09:32,826 --> 00:09:34,360
Your opinion, not mine.
220
00:09:34,393 --> 00:09:35,593
Come on.
221
00:09:37,426 --> 00:09:39,593
A woman vows to kill somebody,
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00:09:39,626 --> 00:09:41,726
shoots an unarmed man
after saying,
223
00:09:41,760 --> 00:09:43,260
"See you in heaven."
224
00:09:43,293 --> 00:09:44,426
That's not a murder?
225
00:09:45,826 --> 00:09:47,493
I'm supposed to let her
get away with this
226
00:09:47,526 --> 00:09:48,993
because she has a friend
in our office?
227
00:09:49,026 --> 00:09:51,626
Nobody's saying
she should get away with it.
228
00:09:51,660 --> 00:09:52,626
(sighs)
229
00:09:52,660 --> 00:09:54,960
Did you read their brief
to the S. J. C., Helen?
230
00:09:54,993 --> 00:09:56,593
It wasn't about the law
231
00:09:56,626 --> 00:09:57,760
or the merits,
232
00:09:57,793 --> 00:10:00,266
as much as it was
an attack on me.
233
00:10:00,300 --> 00:10:02,600
In open court,
they attacked me.
234
00:10:02,633 --> 00:10:04,500
Because prosecutorial
misconduct
235
00:10:04,533 --> 00:10:06,233
was their best
legal strategy,
236
00:10:06,266 --> 00:10:07,400
and you know that.
237
00:10:07,433 --> 00:10:09,466
You know what I know?
238
00:10:09,500 --> 00:10:10,766
Twenty-five years ago,
239
00:10:10,800 --> 00:10:12,200
there could have been
a defense attorney
240
00:10:12,233 --> 00:10:14,166
on that stool
drinking with me.
241
00:10:14,200 --> 00:10:16,233
End of the day,
we were friends.
242
00:10:16,266 --> 00:10:19,066
And you know why?
243
00:10:19,100 --> 00:10:21,100
We were all in it
for the same thing.
244
00:10:21,133 --> 00:10:23,933
We were players
in a justice system.
245
00:10:24,600 --> 00:10:26,700
Fair representation.
246
00:10:27,833 --> 00:10:31,166
Somewhere along the line,
it changed.
247
00:10:31,200 --> 00:10:33,900
The goal for defense attorneys
became to beat it,
248
00:10:33,933 --> 00:10:34,900
beat the rap.
249
00:10:34,933 --> 00:10:36,000
"We can beat it."
250
00:10:37,266 --> 00:10:38,800
Let me tell you something,
Helen.
251
00:10:38,833 --> 00:10:40,100
Lawyers like Bobby Donnell,
252
00:10:40,133 --> 00:10:42,766
they've destroyed
the criminal justice system.
253
00:10:42,800 --> 00:10:44,233
They hide the truth.
254
00:10:44,266 --> 00:10:45,300
They intimidate witnesses.
255
00:10:45,333 --> 00:10:48,066
They offer lies in court.
256
00:10:48,100 --> 00:10:50,000
And in the process,
257
00:10:50,033 --> 00:10:52,966
they've destroyed
people like me,
258
00:10:53,000 --> 00:10:55,333
and that's why I hate them.
259
00:10:55,366 --> 00:10:58,333
In order to have half a chance
at getting a conviction,
260
00:10:58,366 --> 00:11:01,906
I have to compete
with the same dirty tactics.
261
00:11:01,940 --> 00:11:04,540
They've sapped us
of any dignity,
262
00:11:04,573 --> 00:11:07,506
along with the courts,
and I hate them for it.
263
00:11:09,406 --> 00:11:11,173
We no longer go to work
264
00:11:11,206 --> 00:11:14,473
at an honorable place, Helen.
265
00:11:14,506 --> 00:11:16,540
And you should hate them, too.
266
00:11:17,673 --> 00:11:18,606
Okay. Well,
267
00:11:18,640 --> 00:11:21,206
without disagreeing
with all that,
268
00:11:21,240 --> 00:11:23,206
and I don't,
269
00:11:23,240 --> 00:11:25,940
my point is the facts
of this case
270
00:11:25,973 --> 00:11:28,406
suggest manslaughter,
not murder one.
271
00:11:28,440 --> 00:11:30,006
You didn't hear a thing
I just said.
272
00:11:30,040 --> 00:11:31,573
Yes, I did, but you--
273
00:11:31,606 --> 00:11:32,806
You know why Lindsay
pumped that guy
274
00:11:32,840 --> 00:11:34,206
with three bullets?
275
00:11:34,240 --> 00:11:36,973
For the same reason
my dog licks his balls,
276
00:11:37,006 --> 00:11:38,273
because he can.
277
00:11:39,073 --> 00:11:42,140
She's gotten so many guys off
for crimes she knows they did,
278
00:11:42,173 --> 00:11:44,373
she figured
she'd easily get herself off.
279
00:11:44,406 --> 00:11:46,106
She'd be able to beat it.
280
00:11:46,640 --> 00:11:49,640
And I saw the same
cocksure look on their faces
281
00:11:49,673 --> 00:11:50,773
in the courtroom, Helen.
282
00:11:50,806 --> 00:11:52,606
They can beat it.
283
00:11:53,640 --> 00:11:55,873
Well, they're not
gonna beat it.
284
00:11:55,906 --> 00:11:57,506
They may have the resources
285
00:11:57,540 --> 00:12:00,446
to swing 7 S. O. B. s
on the Supreme Court,
286
00:12:00,480 --> 00:12:02,446
but eventually,
it comes back to the jury.
287
00:12:02,480 --> 00:12:03,846
It comes back to me,
288
00:12:03,880 --> 00:12:06,746
and I'm telling you
they're not gonna beat it.
289
00:12:13,280 --> 00:12:15,346
How did you get like this?
290
00:12:17,646 --> 00:12:19,746
Last week,
you lied to a suspect
291
00:12:19,780 --> 00:12:22,680
in order to trick her
into a confession,
292
00:12:22,713 --> 00:12:24,846
a false confession.
293
00:12:27,746 --> 00:12:30,146
There's a reason I'm hard
to look at, Helen.
294
00:12:30,180 --> 00:12:31,746
You see yourself.
295
00:13:04,786 --> 00:13:06,320
DONNELL: After midnight.
296
00:13:08,153 --> 00:13:09,886
I'm just about to go home.
297
00:13:18,553 --> 00:13:20,220
(sighs)
298
00:13:22,453 --> 00:13:24,786
What I said...
299
00:13:24,820 --> 00:13:27,020
about you
thinking like a loser,
300
00:13:30,853 --> 00:13:33,153
that just came out
of frustration.
301
00:13:35,020 --> 00:13:37,320
You have to know
I don't blame you.
302
00:13:38,786 --> 00:13:40,753
I blame myself, Bobby.
303
00:13:42,753 --> 00:13:44,920
Come on...
304
00:13:44,953 --> 00:13:45,786
we win trials.
305
00:13:45,820 --> 00:13:46,853
We lose trials.
306
00:13:46,886 --> 00:13:47,620
We excel.
307
00:13:47,653 --> 00:13:48,686
We don't excel.
308
00:13:48,720 --> 00:13:50,353
Sometimes...
This...
309
00:13:51,686 --> 00:13:52,986
was Lindsay.
310
00:14:17,726 --> 00:14:18,760
DINA: We were waiting
for our bus,
311
00:14:18,793 --> 00:14:19,993
and then we, like, saw him.
312
00:14:20,026 --> 00:14:21,126
Him being?
313
00:14:21,160 --> 00:14:22,260
Pervman.
314
00:14:22,293 --> 00:14:23,393
Objection.
315
00:14:23,426 --> 00:14:24,493
Sustained.
316
00:14:24,526 --> 00:14:25,626
You saw the defendant?
317
00:14:25,660 --> 00:14:26,393
DINA: Yes.
318
00:14:26,426 --> 00:14:27,826
And what was he doing?
319
00:14:27,860 --> 00:14:29,560
First, we saw him stare at us.
320
00:14:29,593 --> 00:14:31,093
Then we all
kind of commented on it,
321
00:14:31,126 --> 00:14:33,393
because we thought he was,
like, a total creep-o.
322
00:14:33,426 --> 00:14:34,693
Am I allowed to say that?
323
00:14:35,260 --> 00:14:36,393
Then what?
324
00:14:36,426 --> 00:14:38,293
Then, about 30 seconds later,
325
00:14:38,326 --> 00:14:40,060
I turn around,
and he's got his fly down,
326
00:14:40,093 --> 00:14:42,026
and he's holding out
his big unit,
327
00:14:42,526 --> 00:14:44,526
offering it to us
like it's a Krispy Kreme.
328
00:14:44,560 --> 00:14:46,060
It was totally gross.
329
00:14:46,093 --> 00:14:49,560
ALEXANDER: And could you see
what he was doing with his--
330
00:14:49,593 --> 00:14:51,960
He was just kind
of wagging it for us,
331
00:14:51,993 --> 00:14:53,360
like we were dogs or something,
332
00:14:53,393 --> 00:14:54,926
and we wanted to play fetch.
333
00:14:54,960 --> 00:14:57,226
It was totally foul.
334
00:14:57,960 --> 00:14:59,093
Thank you, Dina.
335
00:15:02,533 --> 00:15:04,133
STRINGER: It must have been
kind of shocking
336
00:15:04,166 --> 00:15:05,966
to see what you refer to as,
337
00:15:06,000 --> 00:15:06,933
"The big unit."
338
00:15:06,966 --> 00:15:08,733
Yeah, it freaked us all out.
339
00:15:08,766 --> 00:15:11,566
And how far away from you
was Mr. Pender standing?
340
00:15:11,600 --> 00:15:13,266
He was on the other side
of the street.
341
00:15:13,300 --> 00:15:14,333
Was it a busy street?
342
00:15:14,366 --> 00:15:15,233
Do you remember?
343
00:15:15,266 --> 00:15:17,233
Fairly busy.
It was around rush hour.
344
00:15:17,266 --> 00:15:19,166
Lots of cars and so forth?
345
00:15:19,200 --> 00:15:20,800
DINA: I guess.
346
00:15:20,833 --> 00:15:23,300
And were you and the girls
interested in looking at him?
347
00:15:23,933 --> 00:15:25,500
Hello? No.
348
00:15:25,533 --> 00:15:28,000
Well, how long
did you look at him?
349
00:15:28,033 --> 00:15:29,600
A few seconds at most.
350
00:15:29,633 --> 00:15:31,100
I'm so sure.
351
00:15:31,900 --> 00:15:33,466
Okay. Thanks, Dina.
352
00:15:41,766 --> 00:15:42,900
(clears throat)
353
00:15:42,933 --> 00:15:45,066
(phone ringing)
354
00:15:45,100 --> 00:15:46,933
Donnell, Young, Dole,
Frutt, and Hatcher.
355
00:15:48,700 --> 00:15:50,266
What? Didn't you hear?
356
00:15:51,133 --> 00:15:52,400
Oh, no, I'm sorry, sir.
357
00:15:52,433 --> 00:15:53,933
We can't do that today.
358
00:15:53,966 --> 00:15:55,666
Perhaps another time?
359
00:15:55,700 --> 00:15:57,500
Okay, yeah, great.
Thanks for your call.
360
00:15:58,166 --> 00:15:59,573
Who was that?
361
00:15:59,606 --> 00:16:01,773
HATCHER: Another whacko angry
over the reversal.
362
00:16:01,806 --> 00:16:03,806
He asked if we could all
shrivel up and die.
363
00:16:04,706 --> 00:16:06,773
We've been getting
a lot of hate mail, too.
364
00:16:06,806 --> 00:16:08,273
People who think the conviction
365
00:16:08,306 --> 00:16:10,140
shouldn't have been overturned.
366
00:16:13,006 --> 00:16:13,773
Ellenor.
367
00:16:13,806 --> 00:16:14,873
FRUTT: What?
368
00:16:14,906 --> 00:16:16,873
This just came
through the fax.
369
00:16:21,440 --> 00:16:23,373
Who sent this?
370
00:16:23,406 --> 00:16:25,073
HATCHER: I don't know.
371
00:16:25,106 --> 00:16:28,706
"Likely moving forward
at the time of impact."
372
00:16:28,740 --> 00:16:30,006
Their witness testified
373
00:16:30,040 --> 00:16:31,606
the victim
was likely stationary.
374
00:16:31,640 --> 00:16:34,106
Look, I've got the transcript.
I underlined it.
375
00:16:34,140 --> 00:16:35,973
This isn't the same analyst
who testified.
376
00:16:36,006 --> 00:16:37,973
FRUTT: I called the lab.
It was a junior guy.
377
00:16:38,006 --> 00:16:39,740
It's obviously
a preliminary report,
378
00:16:39,773 --> 00:16:41,973
and probably Walsh
had them redo it.
379
00:16:42,006 --> 00:16:43,840
The point is,
we never got it,
380
00:16:43,873 --> 00:16:45,073
and it's exculpatory.
381
00:16:45,106 --> 00:16:47,273
Eugene, talk to this
Mr. Hallbrenner.
382
00:16:47,306 --> 00:16:50,173
Ellenor, I want you
to start preparing a Rule 30.
383
00:16:50,840 --> 00:16:51,806
Who sent us this?
384
00:16:51,840 --> 00:16:52,573
I don't know.
385
00:16:52,606 --> 00:16:53,973
Lucy found it in the fax.
386
00:17:00,080 --> 00:17:01,246
(door opens)
387
00:17:02,446 --> 00:17:03,246
Mr. Hallbrenner?
388
00:17:03,280 --> 00:17:04,446
Uh-hmm?
389
00:17:07,146 --> 00:17:08,613
Hi, I'm Eugene Young.
390
00:17:08,646 --> 00:17:09,880
I represent Lindsay Dole.
391
00:17:09,913 --> 00:17:11,546
I believe
you investigated the murder
392
00:17:11,580 --> 00:17:12,780
for which she was charged.
393
00:17:12,813 --> 00:17:14,280
Who told you that?
394
00:17:14,880 --> 00:17:16,280
I'm not sure. Why?
395
00:17:16,313 --> 00:17:17,846
Is it supposed to be a secret?
396
00:17:17,880 --> 00:17:19,246
Mr. Young, I'm quite busy.
397
00:17:19,280 --> 00:17:20,646
If you'd like to make
an appointment,
398
00:17:20,680 --> 00:17:23,146
I'd be happy to give you
whatever information I can.
399
00:17:23,946 --> 00:17:25,613
I'm looking more
for you to give me
400
00:17:25,646 --> 00:17:27,613
the information you can't.
401
00:17:27,646 --> 00:17:29,513
Are we being cryptic now?
402
00:17:29,546 --> 00:17:31,046
I'm sorry.
403
00:17:31,080 --> 00:17:32,380
Let me be more clear.
404
00:17:34,380 --> 00:17:35,613
Is this your report?
405
00:17:38,580 --> 00:17:39,313
Where'd you get this?
406
00:17:39,346 --> 00:17:40,846
The point is I have it.
407
00:17:40,880 --> 00:17:41,880
Did you write it?
408
00:17:42,313 --> 00:17:43,180
Yes.
409
00:17:43,213 --> 00:17:44,513
Who'd you give it to?
410
00:17:44,546 --> 00:17:46,846
I'm afraid you'll have to make
an appointment, Mr. Young.
411
00:17:46,880 --> 00:17:49,080
Did Kenneth Walsh
get this report?
412
00:17:49,113 --> 00:17:50,613
I don't know.
I'm very busy.
413
00:17:50,646 --> 00:17:52,246
You'll have to excuse me.
414
00:17:58,080 --> 00:18:00,120
I direct the court's
attention to Rule 30
415
00:18:00,153 --> 00:18:01,886
of the Massachusetts
Criminal Law Code,
416
00:18:01,920 --> 00:18:03,720
which calls for a dismissal,
417
00:18:03,753 --> 00:18:05,520
with prejudice,
of the indictment
418
00:18:05,553 --> 00:18:07,086
where there is egregious
419
00:18:07,120 --> 00:18:08,386
prosecutorial misconduct.
420
00:18:08,420 --> 00:18:09,720
WALSH: There's been
no misconduct.
421
00:18:09,753 --> 00:18:11,353
Ms. Frutt is simply--
FRUTT: I direct
422
00:18:11,386 --> 00:18:12,886
the court's attention
to exhibit one,
423
00:18:12,920 --> 00:18:13,853
attached to our motion.
424
00:18:13,886 --> 00:18:15,120
WALSH: It's kitchen sink time.
425
00:18:15,153 --> 00:18:17,120
FRUTT: This isn't
a kitchen sink, Mr. Walsh.
426
00:18:17,153 --> 00:18:18,886
It is an internal memorandum,
427
00:18:18,920 --> 00:18:21,786
which says the victim
was likely moving
428
00:18:21,820 --> 00:18:23,586
towards Lindsay Dole.
429
00:18:23,620 --> 00:18:25,053
WALSH: First of all,
that memorandum is incorrect.
430
00:18:25,086 --> 00:18:27,486
Second, it's work product.
It's exculpatory.
431
00:18:27,520 --> 00:18:29,286
WALSH: It's part
of our internal investigation.
432
00:18:29,320 --> 00:18:30,220
It's work product.
433
00:18:30,253 --> 00:18:31,920
We have many lab analysts.
434
00:18:31,953 --> 00:18:33,486
The report says,
435
00:18:33,520 --> 00:18:36,953
"The victim was likely
moving forward."
436
00:18:36,986 --> 00:18:38,820
WALSH: But that was not
the final conclusion
437
00:18:38,853 --> 00:18:39,953
of our analyst.
438
00:18:39,986 --> 00:18:41,820
This is not a fifth grade
math test.
439
00:18:41,853 --> 00:18:43,253
We don't have to show you
our work.
440
00:18:43,286 --> 00:18:44,786
We have to give you
our findings.
441
00:18:44,820 --> 00:18:46,286
That's our obligation
under the rules,
442
00:18:46,320 --> 00:18:47,553
and that's what we did.
443
00:18:47,586 --> 00:18:48,720
Your Honor,
we would like to conduct
444
00:18:48,753 --> 00:18:50,520
an evidentiary hearing.
Of course you would.
445
00:18:50,553 --> 00:18:52,453
You'd like to drag this out
into perpetuity.
446
00:18:52,486 --> 00:18:53,520
But the law does not allow--
447
00:18:53,553 --> 00:18:55,286
FRUTT:
This was exculpatory evidence.
448
00:18:55,320 --> 00:18:57,020
I object to his smugness.
449
00:18:57,053 --> 00:18:59,460
He had a duty
to turn it over to us.
450
00:18:59,493 --> 00:19:01,193
Not if it's work product.
451
00:19:01,226 --> 00:19:02,093
At a minimum,
452
00:19:02,126 --> 00:19:04,193
we are entitled to a hearing.
453
00:19:04,226 --> 00:19:05,693
WEST: Who do you want
to question?
454
00:19:05,726 --> 00:19:07,126
FRUTT: The analyst
who authored the report.
455
00:19:07,160 --> 00:19:08,460
You will be stunned to learn
456
00:19:08,493 --> 00:19:10,460
he isn't volunteering
his candor.
457
00:19:10,493 --> 00:19:11,760
WALSH: Of course not.
He's probably worried
458
00:19:11,793 --> 00:19:13,526
you'll plan "B" him
and accuse him of murder.
459
00:19:13,560 --> 00:19:14,626
WEST: All right.
460
00:19:16,260 --> 00:19:18,326
I'm gonna let you question
this analyst.
461
00:19:18,360 --> 00:19:19,926
But turn it into a circus,
462
00:19:19,960 --> 00:19:21,760
and I'll shut it down.
463
00:19:22,226 --> 00:19:23,660
We're going to have a hearing?
464
00:19:24,593 --> 00:19:25,693
Yes, we are, Mr. Walsh.
465
00:19:25,726 --> 00:19:26,760
Would that be all right?
466
00:19:29,226 --> 00:19:31,060
Your Honor, since evidence
will be presented,
467
00:19:31,093 --> 00:19:32,593
we'd like Ms. Dole
to be here.
468
00:19:32,626 --> 00:19:34,293
10:00 tomorrow morning.
469
00:19:34,326 --> 00:19:35,526
(gavel bangs)
470
00:19:39,360 --> 00:19:41,060
(phone ringing)
471
00:19:48,426 --> 00:19:50,293
You gave them that report.
472
00:19:55,193 --> 00:19:57,460
Why didn't you at least
have the integrity
473
00:19:57,493 --> 00:19:59,100
to be up-front about it?
474
00:20:01,266 --> 00:20:03,133
Is that your style,
475
00:20:03,166 --> 00:20:04,700
to be up-front?
476
00:20:06,600 --> 00:20:09,133
The reason I did it anonymously,
477
00:20:10,333 --> 00:20:12,700
I'm one of your lieutenants
478
00:20:12,733 --> 00:20:14,566
not withstanding
a few skirmishes,
479
00:20:14,600 --> 00:20:16,900
a pretty loyal lieutenant.
480
00:20:16,933 --> 00:20:18,600
What would become
of your reputation,
481
00:20:18,633 --> 00:20:21,033
not to mention your credibility
in the courtroom,
482
00:20:21,066 --> 00:20:23,166
if one of your minions
betrayed you?
483
00:20:25,333 --> 00:20:27,966
This wasn't about
attacking you.
484
00:20:28,000 --> 00:20:30,333
It was about
giving defense a document
485
00:20:30,366 --> 00:20:31,633
they're entitled to have.
486
00:20:31,666 --> 00:20:34,733
It's about following
the rules, Ken.
487
00:20:35,066 --> 00:20:38,900
That's where I locate
my integrity in all of this.
488
00:20:41,600 --> 00:20:42,800
GAMBLE: Look,
489
00:20:42,833 --> 00:20:44,833
before you add me
to a list of people
490
00:20:44,866 --> 00:20:46,966
that are out to get you,
491
00:20:47,000 --> 00:20:48,366
when I started here,
492
00:20:48,400 --> 00:20:50,233
I wanted to be you.
493
00:20:52,733 --> 00:20:55,433
That's how much
I admired you.
494
00:20:55,466 --> 00:20:58,300
(music playing)
495
00:21:24,680 --> 00:21:27,180
DONNELL: I have never seen
a person demolish a hamburger
496
00:21:27,213 --> 00:21:28,446
at 9:30 in the morning.
497
00:21:28,480 --> 00:21:30,780
Once you do time,
you'll understand.
498
00:21:33,780 --> 00:21:35,713
Hey.
Hey.
499
00:21:35,746 --> 00:21:37,146
How are you?
500
00:21:37,180 --> 00:21:38,613
I'm good.
501
00:21:41,346 --> 00:21:42,946
Pardon the onions.
502
00:21:42,980 --> 00:21:44,913
Hi, Bec.
Hi.
503
00:21:44,946 --> 00:21:47,213
Thanks for coming, Eugene.
504
00:21:48,613 --> 00:21:49,346
You holding up?
505
00:21:49,380 --> 00:21:50,980
Yeah.
506
00:21:51,013 --> 00:21:52,280
Getting out
even for a day.
507
00:21:55,046 --> 00:21:55,746
We ready?
508
00:21:56,913 --> 00:21:58,080
All set.
509
00:21:58,113 --> 00:21:59,180
Eugene's taking the witness.
510
00:21:59,213 --> 00:22:00,286
I'll argue after.
511
00:22:03,820 --> 00:22:05,753
You ready?
512
00:22:05,786 --> 00:22:07,220
Yes.
513
00:22:10,886 --> 00:22:12,253
PENDER: I saw them
standing there,
514
00:22:12,286 --> 00:22:13,453
waiting for a bus
or something.
515
00:22:13,986 --> 00:22:15,820
And what were you doing
at the time?
516
00:22:15,853 --> 00:22:18,320
I was looking
for a bookstore.
517
00:22:18,353 --> 00:22:20,086
I'm a voracious reader.
518
00:22:20,953 --> 00:22:22,420
You were looking
for a bookstore?
519
00:22:22,453 --> 00:22:23,420
PENDER: Yes.
Yes, and, uh,
520
00:22:23,453 --> 00:22:26,353
and then I noticed them.
521
00:22:26,386 --> 00:22:28,420
They were all
smoking cigarettes.
522
00:22:29,120 --> 00:22:30,753
(scoffs) It was disgusting.
523
00:22:30,786 --> 00:22:32,620
Cigarettes are a leading cause
524
00:22:32,653 --> 00:22:35,320
of cancer and death.
525
00:22:35,353 --> 00:22:37,153
To see young people
killing themselves,
526
00:22:37,186 --> 00:22:38,253
I couldn't stand it.
527
00:22:41,020 --> 00:22:42,820
Did you have to go
to the bathroom?
528
00:22:42,853 --> 00:22:45,520
PENDER: No, no, no,
I exposed my swordsman
529
00:22:45,553 --> 00:22:47,086
because I had written on it,
530
00:22:47,120 --> 00:22:48,853
"Smoking causes death."
531
00:22:49,420 --> 00:22:51,720
You had that written on...
532
00:22:51,753 --> 00:22:53,786
PENDER: Well,
it's no secret sex sells.
533
00:22:53,820 --> 00:22:55,753
I mean, advertisers use it
all the time.
534
00:22:56,320 --> 00:22:58,620
I just figured the best way
to put my message across
535
00:22:58,653 --> 00:22:59,960
was to put it on my penis.
536
00:23:01,693 --> 00:23:03,260
Thank you, Mr. Pender.
537
00:23:07,460 --> 00:23:09,626
You told the police
you were urinating.
538
00:23:09,660 --> 00:23:12,160
Well, I didn't wanna tip
my defense.
539
00:23:12,626 --> 00:23:13,960
ALEXANDER: I see.
540
00:23:13,993 --> 00:23:16,160
You were arrested twice before
541
00:23:16,193 --> 00:23:18,593
for exposing yourself,
were you not, Mr. Pender?
542
00:23:18,626 --> 00:23:20,426
PENDER: Yes, yes.
Both examples
543
00:23:20,460 --> 00:23:22,160
of blaming the messenger.
544
00:23:22,193 --> 00:23:23,460
Oh, you had things
written on your penis
545
00:23:23,493 --> 00:23:25,426
on those occasions?
Yes, I did.
546
00:23:25,460 --> 00:23:27,460
The first time,
547
00:23:27,493 --> 00:23:29,660
I was protesting world hunger.
548
00:23:29,693 --> 00:23:31,293
And the second one
549
00:23:31,326 --> 00:23:33,160
was during the election.
550
00:23:33,193 --> 00:23:33,960
It said, "Gore."
551
00:23:35,426 --> 00:23:37,526
I think the police
mistook it for a verb.
552
00:23:39,026 --> 00:23:40,926
You humiliated me!
553
00:23:40,960 --> 00:23:43,260
Hey, it's my life. I'm the one
looking at jail here.
554
00:23:43,293 --> 00:23:45,160
Well, why didn't you tell me
what you planned to say?
555
00:23:45,193 --> 00:23:46,226
PENDER: I didn't know.
I just decided
556
00:23:46,260 --> 00:23:47,593
to call an audible
on the line.
557
00:23:47,626 --> 00:23:49,060
You know,
the thought of you arguing
558
00:23:49,093 --> 00:23:50,626
that it was a bad traffic day
559
00:23:50,660 --> 00:23:52,326
didn't make me squiggle
with confidence.
560
00:23:52,360 --> 00:23:54,026
You listen to me,
561
00:23:54,060 --> 00:23:56,193
I graduated high school
in three years.
562
00:23:56,226 --> 00:23:57,726
I graduated Yale with honors.
563
00:23:57,760 --> 00:23:59,126
I made law review at Harvard.
564
00:23:59,160 --> 00:24:01,266
I excel at everything I do.
565
00:24:01,300 --> 00:24:02,833
I'm even pretty.
566
00:24:02,866 --> 00:24:04,633
I will not have you
wreck my law career
567
00:24:04,666 --> 00:24:06,033
by making me look bad
in court.
568
00:24:06,066 --> 00:24:07,200
I'm supposed
to get up in court now
569
00:24:07,233 --> 00:24:09,500
and blame it on big tobacco?
You suck!
570
00:24:10,700 --> 00:24:12,566
I'm not bringing you any more
of my business.
571
00:24:14,666 --> 00:24:16,433
We disagree internally
all the time.
572
00:24:16,466 --> 00:24:17,800
It's called debate.
YOUNG: Yes,
573
00:24:17,833 --> 00:24:19,900
but your expert opinion
574
00:24:19,933 --> 00:24:22,633
was that Lawrence O'Malley
was likely moving forward.
575
00:24:22,666 --> 00:24:24,366
That was my initial conclusion.
576
00:24:24,400 --> 00:24:26,500
Upon consultation
with other analysts,
577
00:24:26,533 --> 00:24:27,700
I changed my position.
578
00:24:27,733 --> 00:24:29,333
He was likely stationary.
579
00:24:29,366 --> 00:24:31,400
YOUNG: Did you issue
another report?
580
00:24:31,433 --> 00:24:32,266
HALLBRENNER: No.
581
00:24:32,300 --> 00:24:33,700
YOUNG: In fact,
582
00:24:33,733 --> 00:24:36,700
this letter is your only
recorded finding,
583
00:24:36,733 --> 00:24:39,166
isn't it, Mr. Hallbrenner?
HALLBRENNER: Yes.
584
00:24:39,200 --> 00:24:41,533
YOUNG: So, when you changed
your position,
585
00:24:41,566 --> 00:24:43,266
you didn't issue a new report.
586
00:24:43,300 --> 00:24:45,600
No, the case was taken over
by my supervisor.
587
00:24:45,633 --> 00:24:46,766
YOUNG: Your supervisor?
588
00:24:46,800 --> 00:24:49,166
That would be Joshua Illitch?
Correct.
589
00:24:49,200 --> 00:24:50,666
So he took over the case,
590
00:24:50,700 --> 00:24:52,633
issued another report
saying that the victim
591
00:24:52,666 --> 00:24:54,933
was likely stationary?
HALLBRENNER: Correct.
592
00:24:54,966 --> 00:24:57,266
YOUNG: And it was Mr. Illitch
who testified at trial?
593
00:24:57,300 --> 00:24:58,300
Correct.
594
00:24:58,333 --> 00:25:00,273
While they kept you
in a back room out of sight?
595
00:25:00,306 --> 00:25:02,440
Objection.
Sustained.
596
00:25:02,473 --> 00:25:05,073
Mr. Hallbrenner,
after you issued your report,
597
00:25:05,106 --> 00:25:07,406
did anybody ask you
to change your mind?
598
00:25:09,373 --> 00:25:11,506
People argue
their points of view
599
00:25:11,540 --> 00:25:14,473
in order to get people
to change their minds.
600
00:25:14,506 --> 00:25:15,773
That happened here.
601
00:25:15,806 --> 00:25:17,506
Nobody forced me.
602
00:25:17,540 --> 00:25:19,806
People argued
their points of view,
603
00:25:19,840 --> 00:25:21,340
you mean other analysts?
604
00:25:21,373 --> 00:25:22,273
Correct.
605
00:25:22,906 --> 00:25:24,340
Did Mr. Walsh
606
00:25:24,373 --> 00:25:26,506
ever argue
his point of view to you?
607
00:25:28,606 --> 00:25:31,273
Yes.
YOUNG: So, he read your report.
608
00:25:31,306 --> 00:25:33,340
HALLBRENNER: Yes.
And he disagreed with it?
609
00:25:33,373 --> 00:25:34,373
Yes.
610
00:25:34,406 --> 00:25:36,306
Did he ask you to alter
your findings?
611
00:25:36,340 --> 00:25:38,806
He disagreed with my report.
612
00:25:38,840 --> 00:25:40,340
YOUNG: That wasn't my question,
Mr. Hallbrenner.
613
00:25:40,373 --> 00:25:43,073
Did he ask you
614
00:25:43,106 --> 00:25:45,206
to alter your findings?
615
00:25:46,206 --> 00:25:46,873
Yes.
616
00:25:48,740 --> 00:25:50,406
YOUNG: And your response?
617
00:25:50,440 --> 00:25:51,806
I refused.
618
00:25:51,840 --> 00:25:53,706
And at that point,
619
00:25:53,740 --> 00:25:55,573
your supervisor
took over the case,
620
00:25:55,606 --> 00:25:57,973
and a subsequent report
was issued
621
00:25:58,006 --> 00:26:00,313
contradicting your findings.
622
00:26:00,346 --> 00:26:01,780
Is that what happened,
Mr. Hallbrenner?
623
00:26:02,580 --> 00:26:03,946
Something like that.
624
00:26:05,680 --> 00:26:07,980
YOUNG: Thank you,
Mr. Hallbrenner.
625
00:26:11,713 --> 00:26:13,446
WALSH: (clears throat)
626
00:26:13,480 --> 00:26:14,780
You said I asked you
627
00:26:14,813 --> 00:26:17,146
to reissue a report.
628
00:26:17,180 --> 00:26:18,180
Did I force you to?
629
00:26:18,213 --> 00:26:19,380
No.
630
00:26:19,413 --> 00:26:20,480
And was I the only one
631
00:26:20,513 --> 00:26:22,146
who disagreed
with your findings?
632
00:26:22,180 --> 00:26:23,313
No.
633
00:26:23,346 --> 00:26:24,413
WALSH: Other analysts
634
00:26:24,446 --> 00:26:26,313
looked at the same
evidence you did
635
00:26:26,346 --> 00:26:27,980
and reached
a different conclusion.
636
00:26:28,013 --> 00:26:28,980
Am I right?
637
00:26:29,013 --> 00:26:30,213
You are.
638
00:26:30,246 --> 00:26:31,380
In fact,
639
00:26:31,413 --> 00:26:34,380
three analysts senior to you,
640
00:26:34,413 --> 00:26:35,446
isn't that right?
641
00:26:35,480 --> 00:26:36,546
It is.
642
00:26:36,580 --> 00:26:38,380
More experienced analysts?
643
00:26:38,413 --> 00:26:39,446
Yes.
644
00:26:39,480 --> 00:26:42,080
In fact, the consensus
of your department
645
00:26:42,113 --> 00:26:43,980
was that Mr. O'Malley
was likely standing
646
00:26:44,013 --> 00:26:45,413
in a stationary position
647
00:26:45,446 --> 00:26:47,046
at the time Lindsay Dole
648
00:26:47,080 --> 00:26:48,680
shot him three times.
649
00:26:48,713 --> 00:26:50,313
Wasn't that the consensus?
650
00:26:50,346 --> 00:26:52,113
Yes.
651
00:26:52,146 --> 00:26:53,713
Thank you, Mr. Hallbrenner.
652
00:26:53,746 --> 00:26:55,146
That's all I have.
653
00:26:56,113 --> 00:26:57,313
WEST: The witness may step down.
654
00:26:57,813 --> 00:27:00,520
Mr. Walsh, if you have anything
to say, I'll hear it now.
655
00:27:00,553 --> 00:27:02,953
Then I'll give defense an
opportunity to sum up, as well.
656
00:27:02,986 --> 00:27:04,620
WALSH: Thank you, Your Honor.
657
00:27:05,353 --> 00:27:07,420
As I said earlier,
658
00:27:07,453 --> 00:27:09,220
this was a preliminary
659
00:27:09,253 --> 00:27:10,786
internal memorandum,
660
00:27:10,820 --> 00:27:12,853
which clearly falls
within the definition
661
00:27:12,886 --> 00:27:14,153
of work product.
662
00:27:14,620 --> 00:27:16,886
It wasn't evidence.
663
00:27:16,920 --> 00:27:18,753
Certainly,
we are required to share
664
00:27:18,786 --> 00:27:20,286
with defense our findings,
665
00:27:20,320 --> 00:27:22,586
but not our thinking
or consultations
666
00:27:22,620 --> 00:27:24,220
which lead to those findings.
667
00:27:24,786 --> 00:27:26,453
Mr. Hallbrenner's report
668
00:27:26,486 --> 00:27:29,153
represents a minority
point of view,
669
00:27:29,186 --> 00:27:30,886
which we deemed neither accurate
670
00:27:30,920 --> 00:27:33,053
nor relevant to our prosecution.
671
00:27:33,453 --> 00:27:34,853
It was not relied on.
672
00:27:34,886 --> 00:27:37,053
It was not a factor.
673
00:27:37,086 --> 00:27:39,553
Moreover, Your Honor,
even should you find
674
00:27:39,586 --> 00:27:40,486
that we should have turned
675
00:27:40,520 --> 00:27:42,653
this preliminary report over,
676
00:27:42,686 --> 00:27:43,553
what's the harm?
677
00:27:43,586 --> 00:27:45,786
This case never turned
678
00:27:45,820 --> 00:27:48,020
on whether or not
the victim was moving forward.
679
00:27:48,453 --> 00:27:49,920
Lindsay Dole never maintained
680
00:27:49,953 --> 00:27:51,853
the victim
was coming towards her.
681
00:27:51,886 --> 00:27:53,186
In their testimony,
682
00:27:53,220 --> 00:27:54,353
in their statements
to the police,
683
00:27:54,386 --> 00:27:56,520
Lindsay and Bobby Donnell
never even suggested
684
00:27:56,553 --> 00:27:58,186
that the victim
was coming towards her.
685
00:27:58,753 --> 00:28:01,126
They didn't argue self-defense.
686
00:28:01,160 --> 00:28:02,393
They alleged
687
00:28:02,426 --> 00:28:04,926
battered-woman syndrome.
688
00:28:04,960 --> 00:28:06,960
The victim's position
or forward movement
689
00:28:06,993 --> 00:28:08,393
has nothing to do
with that defense,
690
00:28:08,426 --> 00:28:10,760
nor did they
ever suggest it did.
691
00:28:11,526 --> 00:28:12,793
What we have here
692
00:28:12,826 --> 00:28:15,126
is a desperate ploy
from a convicted murderer
693
00:28:15,160 --> 00:28:18,126
who finds herself
all out of appeals.
694
00:28:18,160 --> 00:28:19,726
It's nonsense.
695
00:28:19,760 --> 00:28:21,660
It's an insult to this court,
696
00:28:21,693 --> 00:28:24,326
to our system
of criminal justice,
697
00:28:24,360 --> 00:28:26,893
and Your Honor
shouldn't indulge it further.
698
00:28:27,960 --> 00:28:29,560
Thank you.
699
00:28:36,626 --> 00:28:38,326
He had in his hands
700
00:28:38,360 --> 00:28:41,293
a report that was exculpatory.
701
00:28:41,326 --> 00:28:43,226
He had a duty
to give it to us.
702
00:28:43,260 --> 00:28:44,626
He didn't.
703
00:28:44,660 --> 00:28:46,360
That is black-and-white
704
00:28:46,393 --> 00:28:48,226
prosecutorial misconduct.
705
00:28:48,893 --> 00:28:51,260
We were forced to defend
our entire case
706
00:28:51,293 --> 00:28:53,793
without knowing
the crime lab findings
707
00:28:53,826 --> 00:28:56,193
were in dispute
as to whether the victim
708
00:28:56,226 --> 00:28:57,460
was standing still.
709
00:28:58,026 --> 00:29:00,566
That dispute was kept from us.
710
00:29:01,000 --> 00:29:03,566
Nobody, nobody
can make an argument
711
00:29:03,600 --> 00:29:06,166
that that wasn't relevant.
712
00:29:07,266 --> 00:29:08,666
Now Mr. Walsh
713
00:29:08,700 --> 00:29:11,533
has the temerity
to actually argue
714
00:29:11,566 --> 00:29:13,366
that the victim's
forward movement,
715
00:29:13,400 --> 00:29:15,533
or lack of it, was a nonissue
716
00:29:15,566 --> 00:29:17,800
when all through the trial,
he hammered it.
717
00:29:17,833 --> 00:29:19,466
He put up witnesses to say
718
00:29:19,500 --> 00:29:21,866
that Mr. O'Malley
was stationary.
719
00:29:21,900 --> 00:29:23,333
In his closing, he said it
720
00:29:23,366 --> 00:29:25,433
over and over and over again.
721
00:29:25,466 --> 00:29:26,566
Look at the transcript.
722
00:29:26,600 --> 00:29:28,300
"He was not moving towards her,
723
00:29:28,333 --> 00:29:29,833
never made a movement,
724
00:29:29,866 --> 00:29:31,066
standing still."
725
00:29:31,100 --> 00:29:33,133
He repeated it.
726
00:29:33,166 --> 00:29:34,333
He drove it home
727
00:29:34,366 --> 00:29:36,400
as the linchpin of his case,
728
00:29:36,433 --> 00:29:38,366
and he stands before you today
729
00:29:38,400 --> 00:29:40,433
as a bald-faced liar
730
00:29:40,466 --> 00:29:42,933
saying that it was a nonissue.
731
00:29:42,966 --> 00:29:45,166
Well, it wouldn't
have been a nonissue
732
00:29:45,200 --> 00:29:47,000
to the jury.
733
00:29:47,033 --> 00:29:48,266
This man
734
00:29:48,300 --> 00:29:50,166
has systematically committed
735
00:29:50,200 --> 00:29:52,300
prejudicial misconduct
in this case,
736
00:29:52,333 --> 00:29:54,333
during discovery,
during the trial,
737
00:29:54,366 --> 00:29:56,466
and it constitutes a gross
738
00:29:56,500 --> 00:29:58,900
and egregious violation
of Rule 30,
739
00:29:58,933 --> 00:30:01,473
and we ask the court
to dismiss this indictment
740
00:30:01,506 --> 00:30:04,106
with prejudice,
or, in the alternative,
741
00:30:04,140 --> 00:30:06,606
to strike the record
of the first trial,
742
00:30:06,640 --> 00:30:08,173
the entire record,
743
00:30:08,206 --> 00:30:10,173
including all testimony.
744
00:30:10,206 --> 00:30:11,506
WALSH: There's no authority
for that.
745
00:30:11,540 --> 00:30:12,806
Our argument
to the jury
746
00:30:12,840 --> 00:30:15,106
would've changed
had we known the existence
747
00:30:15,140 --> 00:30:16,040
of this report.
748
00:30:16,073 --> 00:30:17,806
Lindsay Dole was prejudiced
749
00:30:17,840 --> 00:30:19,740
by Mr. Walsh's nondisclosure.
750
00:30:19,773 --> 00:30:22,240
That prejudice can only be cured
751
00:30:22,273 --> 00:30:24,606
by the court's expunging
of the first trial
752
00:30:24,640 --> 00:30:25,740
in its entirety.
753
00:30:25,773 --> 00:30:27,406
Your Honor--
FRUTT: I am not finished!
754
00:30:27,440 --> 00:30:28,740
WEST: You're both finished.
755
00:30:30,940 --> 00:30:32,973
It's in my yard now.
756
00:30:33,006 --> 00:30:34,706
I'll take this under advisement.
757
00:30:34,740 --> 00:30:36,806
I'll call you this afternoon
when I reach my decision.
758
00:30:36,840 --> 00:30:38,840
We're adjourned.
(gavel bangs)
759
00:30:54,232 --> 00:30:55,666
How did it even get this far?
760
00:30:55,699 --> 00:30:57,832
Because he wanted
his day in court.
761
00:30:57,866 --> 00:30:59,399
He told me
he was urinating.
762
00:30:59,432 --> 00:31:01,772
He never said it was
an anti-smoking campaign.
763
00:31:03,706 --> 00:31:04,606
What do I do?
764
00:31:04,639 --> 00:31:06,106
YOUNG: What do you do?
765
00:31:06,139 --> 00:31:07,506
You argue it.
Argue it?
766
00:31:07,539 --> 00:31:09,239
Yes. He says
he's a political activist.
767
00:31:09,272 --> 00:31:11,539
You have no proof he isn't.
You argue it.
768
00:31:11,572 --> 00:31:13,672
You play the hand
you're dealt, Jamie.
769
00:31:13,706 --> 00:31:15,406
Now get in there and close.
770
00:31:17,639 --> 00:31:18,972
Right.
771
00:31:20,006 --> 00:31:21,372
Right.
772
00:31:21,406 --> 00:31:23,406
Hey, I told you to dump it.
773
00:31:29,672 --> 00:31:31,039
What, are you stalking me?
774
00:31:31,072 --> 00:31:32,772
Kind of early, isn't it?
775
00:31:33,572 --> 00:31:34,806
It's after lunch.
776
00:31:37,939 --> 00:31:38,939
How'd I do?
777
00:31:40,139 --> 00:31:42,172
Well, I thought
you did a good job,
778
00:31:43,339 --> 00:31:44,739
but so did Ellenor.
779
00:31:48,306 --> 00:31:51,172
If he expunges
the first trial,
780
00:31:51,206 --> 00:31:52,539
you have to plea.
781
00:31:52,572 --> 00:31:55,039
I'll drive off that bridge
when I come to it.
782
00:31:58,539 --> 00:31:59,939
It wasn't my paranoia, Helen.
783
00:31:59,972 --> 00:32:00,779
You heard her.
784
00:32:00,812 --> 00:32:01,712
She attacked me.
785
00:32:01,746 --> 00:32:04,012
She called me a liar, a--
786
00:32:04,046 --> 00:32:06,046
it was an attack.
787
00:32:07,146 --> 00:32:09,346
And the papers will print
what she said,
788
00:32:09,379 --> 00:32:11,112
and my kids
will have to read it.
789
00:32:11,146 --> 00:32:13,112
Again, it's legal strategy.
790
00:32:16,279 --> 00:32:18,679
But...
791
00:32:18,712 --> 00:32:20,446
when this is over,
792
00:32:22,146 --> 00:32:24,646
you really need to take
a long walk
793
00:32:25,479 --> 00:32:27,146
and ask yourself
what you did
794
00:32:27,179 --> 00:32:28,546
to incur the attack.
795
00:32:31,379 --> 00:32:32,746
Hey,
796
00:32:32,779 --> 00:32:34,712
some of the stuff
I've been doing,
797
00:32:36,079 --> 00:32:38,046
I'll take the walk with you.
798
00:32:45,612 --> 00:32:46,979
ALEXANDER: I don't think
we need to waste
799
00:32:47,012 --> 00:32:49,446
any more of your time here.
800
00:32:49,479 --> 00:32:51,312
Three witnesses
saw the defendant
801
00:32:51,346 --> 00:32:53,046
expose and grope his genitalia
802
00:32:53,079 --> 00:32:54,512
in a lewd and lascivious manner.
803
00:32:54,912 --> 00:32:56,879
Their testimony
stands uncontroverted,
804
00:32:56,912 --> 00:32:58,412
unblemished for that matter.
805
00:32:58,812 --> 00:33:00,919
Mr. Pender has twice
before been arrested
806
00:33:00,952 --> 00:33:02,019
and convicted
807
00:33:02,052 --> 00:33:04,086
for this very
obscene behavior.
808
00:33:04,586 --> 00:33:07,019
To the police,
he says he was urinating.
809
00:33:07,052 --> 00:33:08,886
Then on the stand,
he suddenly claims
810
00:33:08,919 --> 00:33:10,986
that he was trying to dissuade
these three women
811
00:33:11,019 --> 00:33:12,619
from smoking.
812
00:33:12,652 --> 00:33:15,352
Obviously, he doesn't take
this seriously.
813
00:33:15,386 --> 00:33:18,119
I think we need
to impress upon him
814
00:33:18,152 --> 00:33:19,686
that we do.
815
00:33:30,052 --> 00:33:32,886
Free speech is something
that we hold dear
816
00:33:32,919 --> 00:33:35,652
in the United States of America.
817
00:33:35,686 --> 00:33:37,819
We don't punish somebody
for exercising
818
00:33:37,852 --> 00:33:39,152
their First Amendment right
819
00:33:39,186 --> 00:33:40,386
simply because we don't like
820
00:33:40,419 --> 00:33:41,952
the way the message
was delivered.
821
00:33:42,719 --> 00:33:44,419
Political protest
in this country
822
00:33:44,452 --> 00:33:46,452
has often been shocking,
823
00:33:46,486 --> 00:33:48,752
provocative, even offensive.
824
00:33:48,786 --> 00:33:51,219
It's to get attention,
825
00:33:51,252 --> 00:33:52,519
whether it's nudity
826
00:33:52,552 --> 00:33:53,852
or burning draft cards,
827
00:33:53,886 --> 00:33:55,852
the American flag.
828
00:33:55,886 --> 00:33:58,386
Dissidents have
historically chosen
829
00:33:58,419 --> 00:34:00,059
antagonistic methods
830
00:34:00,092 --> 00:34:01,792
to convey political beliefs
831
00:34:01,826 --> 00:34:03,559
that they consider...
832
00:34:04,226 --> 00:34:06,392
precious and--
833
00:34:06,992 --> 00:34:08,026
(gasps) Oh!
834
00:34:09,092 --> 00:34:10,559
Your Honor!
835
00:34:10,592 --> 00:34:12,826
McGOUGH: Bailiff!
Get that man's pants on!
836
00:34:12,859 --> 00:34:13,926
(gavel bangs)
837
00:34:13,959 --> 00:34:16,159
McGOUGH: Get his pants on now!
838
00:34:17,926 --> 00:34:19,759
Save the rain forest?
839
00:34:19,792 --> 00:34:22,026
It was written right across--
840
00:34:22,059 --> 00:34:23,092
YOUNG: So what happened?
841
00:34:23,126 --> 00:34:25,092
Well, the judge
called a mistrial,
842
00:34:25,126 --> 00:34:27,759
then set the retrial
for next July,
843
00:34:27,792 --> 00:34:29,926
then held him with no bail,
which means effectively
844
00:34:29,959 --> 00:34:31,992
he got 10 months of time.
845
00:34:32,026 --> 00:34:34,492
I offered to plead out
at six months.
846
00:34:34,526 --> 00:34:35,892
The D. A. said, "Okay."
847
00:34:36,359 --> 00:34:37,759
That was good.
848
00:34:37,792 --> 00:34:38,759
Good decision.
849
00:34:38,792 --> 00:34:40,592
But the client
won't sign off.
850
00:34:41,026 --> 00:34:41,692
What?
851
00:34:41,726 --> 00:34:43,459
He wants to appeal.
852
00:34:43,492 --> 00:34:45,859
Jamie, you make him sign off.
853
00:34:45,892 --> 00:34:47,092
You go back there right now.
854
00:34:47,126 --> 00:34:47,992
You get tough with him,
855
00:34:48,026 --> 00:34:49,759
and you make him sign off.
856
00:34:51,759 --> 00:34:52,592
Now, go.
857
00:34:59,026 --> 00:35:00,766
Nothing from the clerk's office?
858
00:35:00,799 --> 00:35:02,232
He's still in chambers.
859
00:35:02,266 --> 00:35:03,766
It's almost 3:30.
860
00:35:03,799 --> 00:35:05,532
Which means
he's really considering.
861
00:35:05,566 --> 00:35:06,732
We have a chance.
862
00:35:13,299 --> 00:35:14,766
Ellenor,
863
00:35:17,299 --> 00:35:19,032
I thought
you nailed it in there.
864
00:35:22,232 --> 00:35:23,632
Seriously.
865
00:35:24,599 --> 00:35:27,599
(music playing)
866
00:35:31,899 --> 00:35:33,499
I want to appeal!
867
00:35:33,532 --> 00:35:35,432
STRINGER: You need
to appeal to a shrink.
868
00:35:35,466 --> 00:35:37,232
You ruined my first
closing argument.
869
00:35:37,266 --> 00:35:39,366
I was trying for a mistrial,
which I got.
870
00:35:39,399 --> 00:35:40,832
Yes, but you weren't
counting on no bail,
871
00:35:40,866 --> 00:35:42,366
were you,
Mr. Free Speech?
872
00:35:42,399 --> 00:35:44,232
Six months is the deal.
873
00:35:44,266 --> 00:35:44,932
He can't deny bail.
874
00:35:44,966 --> 00:35:45,999
I haven't been proven guilty.
875
00:35:46,032 --> 00:35:47,232
STRINGER: He can. He did.
876
00:35:47,266 --> 00:35:49,066
You wanna write
your congressman, fine.
877
00:35:49,099 --> 00:35:51,432
But since you can't deliver
the message personally,
878
00:35:51,466 --> 00:35:53,866
you might wanna consider
stationery.
879
00:35:53,899 --> 00:35:55,032
Take the six months,
880
00:35:55,066 --> 00:35:56,699
and be done with it.
881
00:36:00,439 --> 00:36:03,439
(music playing)
882
00:36:06,306 --> 00:36:07,872
He's coming in.
883
00:36:09,939 --> 00:36:12,939
(music playing)
884
00:36:34,806 --> 00:36:36,539
Judges always hate it
when they're asked
885
00:36:36,572 --> 00:36:38,806
to consider the big picture.
886
00:36:39,806 --> 00:36:41,772
It usually means
887
00:36:41,806 --> 00:36:43,439
that justice,
in the short run,
888
00:36:43,472 --> 00:36:44,872
has to take a beating.
889
00:36:45,806 --> 00:36:47,572
Here, the big picture
890
00:36:47,606 --> 00:36:48,839
is the integrity
891
00:36:48,872 --> 00:36:51,239
of the judicial process.
892
00:36:51,272 --> 00:36:53,006
It's a truism that any system
893
00:36:53,039 --> 00:36:54,372
can only be as dignified
894
00:36:54,406 --> 00:36:56,206
as its players,
895
00:36:56,239 --> 00:36:57,906
which means,
for criminal justice,
896
00:36:57,939 --> 00:36:59,472
the truth is indeed ugly.
897
00:37:00,579 --> 00:37:02,645
Defense attorneys long ago
began slithering
898
00:37:02,679 --> 00:37:03,812
under the bar.
899
00:37:03,845 --> 00:37:04,979
Prosecutors soon followed.
900
00:37:05,012 --> 00:37:07,379
By now, we've come to expect it.
901
00:37:08,379 --> 00:37:09,712
But, Mr. Walsh,
that doesn't mean
902
00:37:09,745 --> 00:37:12,112
we must always bring ourselves
to accept it.
903
00:37:13,179 --> 00:37:14,612
The Supreme Judicial Court
904
00:37:14,645 --> 00:37:16,245
has found that you
willfully violated
905
00:37:16,279 --> 00:37:17,779
Ms. Dole's
Fifth Amendment rights,
906
00:37:18,279 --> 00:37:19,479
that you willfully violated
907
00:37:19,512 --> 00:37:21,446
her Sixth Amendment rights.
908
00:37:21,479 --> 00:37:23,279
And now we learn
909
00:37:23,312 --> 00:37:25,512
that you had an exculpatory
report in your hand,
910
00:37:25,546 --> 00:37:27,479
which you were duty-bound
to reveal,
911
00:37:27,512 --> 00:37:28,712
and you squashed it.
912
00:37:29,279 --> 00:37:30,846
That other prosecutors
might do this
913
00:37:30,879 --> 00:37:32,246
only further persuades me
914
00:37:32,279 --> 00:37:34,479
that the big picture
needs adjusting.
915
00:37:35,479 --> 00:37:37,712
I find your misconduct
916
00:37:37,746 --> 00:37:39,846
to be deliberate, egregious,
917
00:37:39,879 --> 00:37:40,879
and outrageous.
918
00:37:41,379 --> 00:37:44,112
I am granting defense counsels
Rule 30 motion
919
00:37:44,146 --> 00:37:45,912
for post-conviction relief.
920
00:37:45,946 --> 00:37:48,379
I am dismissing the indictment
921
00:37:48,412 --> 00:37:49,779
with prejudice.
922
00:37:49,812 --> 00:37:50,912
The defendant
923
00:37:50,946 --> 00:37:52,579
is to be released immediately.
924
00:37:53,412 --> 00:37:54,412
We're adjourned.
925
00:37:54,446 --> 00:37:55,946
(gavel bangs)
926
00:37:56,879 --> 00:37:58,246
I can't believe it.
927
00:38:00,652 --> 00:38:01,886
What happened?
928
00:38:06,686 --> 00:38:08,086
It's over.
929
00:38:09,852 --> 00:38:11,219
I wanna go home.
930
00:38:13,352 --> 00:38:15,086
Take me home, please.
931
00:38:16,619 --> 00:38:18,652
(music playing)
932
00:38:47,286 --> 00:38:49,619
WALSH: It's a sad
but all too familiar comment
933
00:38:49,652 --> 00:38:50,452
on our society,
934
00:38:50,486 --> 00:38:52,086
where in the end,
935
00:38:52,119 --> 00:38:54,186
money talks.
936
00:38:54,219 --> 00:38:55,719
Money!
937
00:38:55,752 --> 00:38:58,386
Enron, Tyco, WorldCom,
938
00:38:58,419 --> 00:39:00,726
the corruption of greed.
939
00:39:00,759 --> 00:39:03,659
People use our courts today.
940
00:39:04,726 --> 00:39:07,192
The Lord is my shepherd.
941
00:39:07,226 --> 00:39:09,992
I won't walk in the shadow
of the valley of...
942
00:39:11,692 --> 00:39:13,159
money.
943
00:39:14,692 --> 00:39:16,459
I stand tall today.
944
00:39:16,492 --> 00:39:18,159
I'll sleep tonight.
945
00:39:19,792 --> 00:39:20,992
People can kill,
946
00:39:21,026 --> 00:39:22,592
murder,
947
00:39:22,626 --> 00:39:24,292
get off on a technicality,
948
00:39:24,326 --> 00:39:25,592
but God forbid
949
00:39:25,626 --> 00:39:27,892
the murderers' civil rights.
950
00:39:28,226 --> 00:39:29,826
The Lord...
951
00:39:29,859 --> 00:39:31,826
will be my truth.
952
00:39:31,859 --> 00:39:33,659
If Lindsay Dole had been a...
953
00:39:33,692 --> 00:39:35,959
black welfare prostitute
954
00:39:35,992 --> 00:39:37,159
from Roxbury,
955
00:39:37,192 --> 00:39:39,126
you think we'd be here?
956
00:39:41,659 --> 00:39:43,692
Sweet land of liberty,
957
00:39:43,726 --> 00:39:46,026
of thee I sing.
958
00:39:46,626 --> 00:39:48,559
But justice didn't sing today.
959
00:39:49,226 --> 00:39:51,126
Justice doesn't sing
960
00:39:51,159 --> 00:39:54,059
in these halls anymore.
961
00:39:54,092 --> 00:39:56,226
Justice has gone mute.
962
00:39:56,259 --> 00:39:58,626
(music playing)
963
00:40:14,432 --> 00:40:16,266
YOUNG: Next on The Practice.
964
00:40:16,299 --> 00:40:18,466
GAMBLE: It makes
the most sense to simply delay
965
00:40:18,499 --> 00:40:20,732
the criminal trial
until after she gives birth.
966
00:40:20,766 --> 00:40:22,199
DONNELL:
It makes no sense to do that
967
00:40:22,232 --> 00:40:24,932
given there's no basis to take
Wendy Hubert into custody.
968
00:40:24,966 --> 00:40:27,632
Section 12, chapter 123,
read the law.
969
00:40:27,666 --> 00:40:29,166
Are you against that
on principle?
970
00:40:29,199 --> 00:40:30,399
You're gonna lecture me
on rules?
971
00:40:30,432 --> 00:40:32,432
GAMBLE: I need you
to think of something.
972
00:40:32,466 --> 00:40:34,232
That baby could be in danger.
973
00:40:34,266 --> 00:40:35,599
FRUTT: He's saying
there's a presumption
974
00:40:35,632 --> 00:40:38,399
of psychiatric infirmity
for any Christian Scientist.
975
00:40:38,432 --> 00:40:39,599
I am not saying that.
976
00:40:39,632 --> 00:40:40,732
You most certainly are.
977
00:40:40,766 --> 00:40:42,699
Are we supposed
to let this baby die?
978
00:40:42,732 --> 00:40:43,799
And then say "Hey,
979
00:40:43,832 --> 00:40:45,166
but at least we didn't trample
980
00:40:45,199 --> 00:40:47,732
the civil liberties
of mommy dearest."
981
00:40:47,766 --> 00:40:50,199
That's crap and I'll say so.
982
00:40:52,566 --> 00:40:55,566
(music playing)
983
00:41:17,172 --> 00:41:18,339
WOMAN: You stinker!
984
00:41:20,072 --> 00:41:22,972
(music playing)
66567
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