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1
00:00:01,801 --> 00:00:04,570
That's me, right there.
And that's the guy
with the gym bag.
2
00:00:04,637 --> 00:00:07,873
That's me comin' over.
I was merely doing my job.
3
00:00:07,940 --> 00:00:09,808
What did you say to this man?
4
00:00:09,874 --> 00:00:12,076
Well, I don't remember
my exact words,
but I told him...
5
00:00:12,143 --> 00:00:15,146
he couldn't leave the store
until I checked
the contents of his bag.
6
00:00:15,213 --> 00:00:18,081
When I asked to look in his bag,
he got all belligerent.
7
00:00:18,148 --> 00:00:21,117
That's when he came over.
Who?
8
00:00:21,184 --> 00:00:24,086
That man right there.
And then what happened?
9
00:00:24,153 --> 00:00:26,888
[ Man ] He started hasslin' me,
and I explained to him
it was none of his business.
10
00:00:26,955 --> 00:00:29,658
Would he please step back.
But he continued.
I asked him to step back again.
11
00:00:29,725 --> 00:00:34,194
And that's when
this kid with the gym bag
slams me into the display case.
12
00:00:34,261 --> 00:00:37,997
I regained my balance.
Then suddenly, there's these
other kids that joined him.
13
00:00:38,064 --> 00:00:40,399
And they're hittin' me
out of nowhere.
They throw me to the ground.
14
00:00:40,466 --> 00:00:42,435
They start punchin' me
and kickin' me.
15
00:00:42,501 --> 00:00:45,137
- Where's the defendant now?
- I don't know.
16
00:00:45,203 --> 00:00:47,205
[ Woman ]
Okay.
17
00:00:47,272 --> 00:00:50,141
The tape has been edited
to seven minutes later.
18
00:00:50,208 --> 00:00:52,476
Can you describe to us
what's happening now?
19
00:00:52,543 --> 00:00:54,845
[ Man ]
Well, as you can see,
we were overrun with people...
20
00:00:54,911 --> 00:00:58,048
comin' in from outside,
stealin' things
and runnin' out again.
21
00:00:58,114 --> 00:01:00,516
[ Woman ]And what is the defendantdoing at this time?
22
00:01:00,583 --> 00:01:02,918
Well, he was over me
at one point.
There! Right there.
23
00:01:02,985 --> 00:01:05,820
He's comin' back for more.
Grabs me.
The guard pulls him off.
24
00:01:05,888 --> 00:01:08,557
He throws him into a table.
25
00:01:08,623 --> 00:01:11,993
The guard continues to attempt
to detain him and-- Here.
26
00:01:12,060 --> 00:01:16,729
He just--
They scuffle a bit.
The guy just went crazy.
27
00:01:16,797 --> 00:01:18,831
[ Woman ]
The guy being--
That man right there.
28
00:01:18,898 --> 00:01:23,035
The defendant.He throws him two punchesto the face. Watch.
29
00:01:23,102 --> 00:01:24,970
Here it comes.
30
00:01:25,036 --> 00:01:27,438
Bang. Bang.
31
00:01:27,505 --> 00:01:30,408
And then he just
throws him through the glass.
32
00:01:55,095 --> 00:01:56,629
[ Line Ringing ]
33
00:02:03,969 --> 00:02:05,437
[ Cell Door Opens, Closes ]
34
00:02:11,375 --> 00:02:16,113
[ Sirens Wailing ]
35
00:02:29,390 --> 00:02:32,359
[ Female Reporter ]
Overshadowing the facts is
the ongoing controversy...
36
00:02:32,426 --> 00:02:35,762
about the court's relocating
of the trial outside Boston...
37
00:02:35,829 --> 00:02:38,297
and the question
of whether Aaron Wilton,
38
00:02:38,364 --> 00:02:41,333
the African-American man
accused of aggravated assault...
39
00:02:41,400 --> 00:02:43,936
in the infamousSaveWorld riot,
40
00:02:44,002 --> 00:02:47,705
can receive a fair trialfrom the all-white juryhere in suburban Wellesley.
41
00:02:47,772 --> 00:02:50,774
This is Melanie Morris,News 8.
42
00:02:52,409 --> 00:02:54,577
"The African-American
accused of aggravated assault."
43
00:02:54,644 --> 00:02:56,679
That's--That's what they call me.
44
00:02:56,746 --> 00:02:59,281
Instead of the guy who was
trying to stick up...
45
00:02:59,348 --> 00:03:01,516
for an innocent guy
accused of shoplifting,
46
00:03:01,583 --> 00:03:04,252
I'm the African-American
who caused the riot.
47
00:03:04,318 --> 00:03:06,520
And I don't get
to tell my side?
48
00:03:06,587 --> 00:03:09,290
If we put you on the stand,
Aaron, that old conviction
could be put into evidence.
49
00:03:09,357 --> 00:03:12,459
That was a hundred years ago.
He was 18.
50
00:03:12,525 --> 00:03:15,495
-Even so, the jury
doesn't need to hear about it.
-Excuse me. That all-white jury?
51
00:03:15,562 --> 00:03:18,764
That's what you get
in Wellesley.
We didn't have a choice.
52
00:03:18,830 --> 00:03:23,001
It just gives us
greater grounds for appeal...
if we need it.
53
00:03:23,068 --> 00:03:25,036
A business degree
from U. Mass,
54
00:03:25,103 --> 00:03:28,205
vice president ofa Fortune 500 company.
55
00:03:28,272 --> 00:03:31,408
I go shoppin' for a pair
of cross-trainers,
and suddenly I'm big news?
56
00:03:31,475 --> 00:03:35,344
You're "big news" 'cause you
threw a guy through a window.
57
00:03:40,348 --> 00:03:42,217
It really was
the perfect wedding.
58
00:03:42,284 --> 00:03:44,952
Well, it's not polite
for me to say,
but people did tell us...
59
00:03:45,019 --> 00:03:47,788
that it was
the most elegant affair
they'd ever been to.
60
00:03:47,854 --> 00:03:51,157
You had a nice time, Elly?
I'm sorry I didn't get
a chance to see you.
61
00:03:51,224 --> 00:03:53,193
Well, there were
a lot of people there.
62
00:03:53,259 --> 00:03:55,628
And I was sitting at the, uh,
cousins' table.
63
00:03:55,695 --> 00:03:59,264
This dress right here--
completely handmade.
64
00:03:59,331 --> 00:04:01,900
So, uh, Myra,
the reason you're here?
65
00:04:01,966 --> 00:04:04,969
The honeymoon.
I wanna sue that idiot
travel agent, Gracie Kramer.
66
00:04:05,036 --> 00:04:08,371
The woman is a giant fart.
And you know it's not
like me to be vulgar.
67
00:04:08,439 --> 00:04:12,309
- A "giant fart"?
- There were a few mix-ups.
68
00:04:12,375 --> 00:04:14,143
Well, first she puts us
in business, right?
69
00:04:14,210 --> 00:04:16,879
Then the car she rented us
was a sub-compact,
not a sedan.
70
00:04:16,946 --> 00:04:19,348
And she told us we were in
a romantic, adults-only hotel,
71
00:04:19,415 --> 00:04:21,282
which it was
most definitely not.
72
00:04:21,349 --> 00:04:25,553
Uh, Myra, sometimes
it can be very difficult
to sue travel agencies.
73
00:04:25,620 --> 00:04:29,889
What about my emotional stress
and physical hardship?
74
00:04:29,956 --> 00:04:32,692
On the first day, Myra tripped
on an inflatable sea horse.
75
00:04:32,759 --> 00:04:35,128
Yeah.
That's how she pulled
the hamstring.
76
00:04:35,194 --> 00:04:38,731
- Yes, I know, but is that--
- Ellenor, can I--
can I be open with you?
77
00:04:38,797 --> 00:04:41,266
Sure.
78
00:04:41,333 --> 00:04:44,301
We never even got
to consummate our marriage.
79
00:04:46,770 --> 00:04:49,239
- Okay?
- Oh.
80
00:04:49,305 --> 00:04:52,442
- Yeah.
- Uh--
81
00:04:52,508 --> 00:04:55,177
Are you really prepared
to drag that aspect into court?
82
00:04:55,244 --> 00:04:57,879
My happiness is at stake here.
And if I have to drag
whatever into court,
83
00:04:57,946 --> 00:05:00,081
I don't care because
I want her to pay.
84
00:05:00,148 --> 00:05:03,984
- The giant--
- Fart.
[ Sighs ]
85
00:05:04,052 --> 00:05:09,122
The man you accusedof shoplifting--Was he... shoplifting?
86
00:05:09,189 --> 00:05:12,424
No.
Then you were mistaken?
87
00:05:12,492 --> 00:05:14,426
On this occasion, yes.
88
00:05:14,493 --> 00:05:17,062
"On this occasion."
89
00:05:17,128 --> 00:05:21,299
- Mr. Robinson, how long have
you worked at SaveWorld Drugs?
- Five and a half years.
90
00:05:21,366 --> 00:05:24,869
[ Eugene ] And in that time,
it was your job to manage
the store, hire employees,
91
00:05:24,935 --> 00:05:28,238
interact with the
customer base, correct?
Correct.
92
00:05:28,305 --> 00:05:31,975
About what percentage of that
base would you say were from
the African-American community?
93
00:05:32,041 --> 00:05:33,909
Fifty percent?
94
00:05:33,976 --> 00:05:39,447
Fifty percent? Actually,
SaveWorld's own figures
show that, uh,
95
00:05:39,514 --> 00:05:42,383
56% of your customer base
were African-American.
96
00:05:42,449 --> 00:05:45,186
Well, then I guess
that's the case.
97
00:05:45,252 --> 00:05:49,022
Is anyone besides you
empowered to stop
suspected shoplifters?
98
00:05:49,089 --> 00:05:50,956
No. Just me.
99
00:05:51,023 --> 00:05:53,258
And how often do you stop
customers for shoplifting?
100
00:05:53,325 --> 00:05:55,727
Probably once or twice a day.
101
00:05:55,794 --> 00:05:58,963
[ Eugene ]
So with the average month
being 30 days,
102
00:05:59,030 --> 00:06:02,266
and you being open
seven days a week,
that would be...
103
00:06:02,333 --> 00:06:05,002
60-some odd
customers stopped.
104
00:06:05,068 --> 00:06:07,137
- Uh, sound right?
- Yes.
105
00:06:07,204 --> 00:06:10,239
And in the last month,
how many customers have
you stopped that were white?
106
00:06:10,306 --> 00:06:12,508
I know what
you're trying to do.
107
00:06:12,574 --> 00:06:14,410
Just answer my question.
108
00:06:14,476 --> 00:06:17,278
I don't recall.
109
00:06:17,345 --> 00:06:20,848
[ Eugene ]
You don't recall stopping
any white customers?
110
00:06:20,915 --> 00:06:23,283
Or you don't recall
stopping any white customers
in the last month?
111
00:06:23,350 --> 00:06:25,019
Or you just don't
recall anything?
112
00:06:25,085 --> 00:06:27,454
I don't recall stopping
any white customers.
113
00:06:27,521 --> 00:06:29,956
So even though 44%
of your customers are white,
114
00:06:30,023 --> 00:06:32,024
zero percent were
stopped for shoplifting?
115
00:06:32,090 --> 00:06:36,661
That would mean 100%
of suspected shoplifters
were African-American.
116
00:06:41,198 --> 00:06:46,102
I'm not sure
it's such a smart idea
making it about race.
117
00:06:46,169 --> 00:06:48,504
Wellesley,
all-white jury--
118
00:06:48,571 --> 00:06:51,373
Mmm, I think
it's a perfect jury
to make it about race.
119
00:06:51,440 --> 00:06:53,442
Rich, affluent white town.
120
00:06:53,508 --> 00:06:56,445
These are the people
that are desperate
to reach out to minorities...
121
00:06:56,511 --> 00:06:58,612
so long as they don't
actually have to meet one.
122
00:06:59,613 --> 00:07:01,849
You're such a cynic.
123
00:07:01,915 --> 00:07:06,386
Well, trust me.
White suburbanites feel guilty
about their swimming pools.
124
00:07:06,453 --> 00:07:10,322
Showing compassion
to an African-American
is a way of atonement.
125
00:07:10,389 --> 00:07:12,324
I slept with a guy
from Wellesley once.
126
00:07:12,391 --> 00:07:14,993
We came this close
to even having dinner.
127
00:07:15,060 --> 00:07:17,762
That was a joke.
128
00:07:17,828 --> 00:07:21,098
Why do you do that--
try to shock me?
129
00:07:21,165 --> 00:07:23,833
- The truth?
- No. Lie to me.
130
00:07:25,602 --> 00:07:27,636
I think you're a little
buttoned down.
131
00:07:28,637 --> 00:07:30,606
I'm not buttoned down.
132
00:07:30,673 --> 00:07:32,775
- I think you are.
- I'm not.
133
00:07:32,841 --> 00:07:35,310
It's nothing to be ashamed of.
I'm not.
134
00:07:35,377 --> 00:07:38,813
- Okay, sexually
conservative then.
- Why do you-- You--
135
00:07:38,880 --> 00:07:42,416
You know nothing about
what I'm like sexually.
136
00:07:42,483 --> 00:07:44,050
Okay?
Exactly.
137
00:07:44,117 --> 00:07:46,186
We've been on three dates,
I don't have a clue.
138
00:07:46,252 --> 00:07:48,988
- Either you're not
attracted to me, or--
- What am I supposed to do?
139
00:07:49,054 --> 00:07:53,858
Uh, attack you?
Is that what you want?
140
00:07:53,925 --> 00:07:56,794
Well?
141
00:07:56,860 --> 00:07:59,730
I'm thinking.
142
00:08:06,102 --> 00:08:08,870
[ Aaron ]
Hey. What's up?
What's the matter?
143
00:08:08,937 --> 00:08:11,206
[ Eugene ]
The security guard, the one
you pushed through the window?
144
00:08:11,272 --> 00:08:13,875
Mm-hmm.
He died.
145
00:08:17,678 --> 00:08:20,914
When?
About an hour ago.
146
00:08:23,082 --> 00:08:25,684
Oh, God.
147
00:08:28,554 --> 00:08:30,655
I can't believe this.
148
00:08:32,024 --> 00:08:34,626
Aaron,
149
00:08:34,692 --> 00:08:36,693
I've been asked to
surrender you to the police.
150
00:08:36,761 --> 00:08:39,696
They're revoking bail.
What?
151
00:08:39,763 --> 00:08:42,899
They've upped the charges
to manslaughter.
Manslaughter?
152
00:08:42,966 --> 00:08:45,468
You mean he's being
charged with murder?
No, no-- No, no, no.
153
00:08:45,535 --> 00:08:48,670
It's homicide--
Wait, wait, wait. How--
How can they do that?
154
00:08:48,737 --> 00:08:52,707
They can do that
because a man is dead now.
155
00:08:54,175 --> 00:08:56,210
We knew this could happen.
156
00:08:57,511 --> 00:08:59,646
Yeah, but even--
I mean, I--
157
00:09:01,614 --> 00:09:04,917
I certainly didn't mean
for a man to die.
158
00:09:04,984 --> 00:09:08,920
Look, it doesn't change anything
as far as our case goes.
159
00:09:08,987 --> 00:09:11,589
You were assaulted first.
You found yourself in a fight.
160
00:09:11,656 --> 00:09:16,093
You defended yourself.
Nothing's changed.
161
00:09:16,160 --> 00:09:18,062
Nothing's changed?
162
00:09:20,229 --> 00:09:23,299
A man is now dead, Eugene.
163
00:09:23,366 --> 00:09:27,202
A white man
killed by a black man.
164
00:09:29,571 --> 00:09:31,639
Nothing's changed?
165
00:09:45,918 --> 00:09:48,920
Why don't you just take a seat,
and I'll be with you
in a minute.
166
00:09:48,987 --> 00:09:50,922
Mm-hmm.
167
00:09:52,723 --> 00:09:55,959
Incredible wardrobe,
straight A's, perfect figure.
168
00:09:56,026 --> 00:09:59,529
Every time I saw her,
she had another
drop-dead gorgeous boyfriend.
169
00:09:59,596 --> 00:10:02,564
- I hated girls like that.
- When I was 12,
at Thanksgiving,
170
00:10:02,632 --> 00:10:05,434
she took me and
all of my other cousins
back behind the garage...
171
00:10:05,501 --> 00:10:07,536
so she could teach us
how to pop our zits.
172
00:10:07,603 --> 00:10:09,971
But really,
she just wanted
to count mine.
173
00:10:10,038 --> 00:10:12,773
Don't you just wanna go in there
and muss up her hair?
[ Sighs ]
174
00:10:12,840 --> 00:10:16,843
I shouldn't be so catty.
I mean, she's fine.
I like her.
175
00:10:16,910 --> 00:10:19,846
She's, you know--
She's nice. She's just, uh--
176
00:10:19,913 --> 00:10:24,316
She's fine.
Nice try.
177
00:10:24,383 --> 00:10:27,319
No talking to the press,
Aaron.
178
00:10:27,385 --> 00:10:29,254
Hey, Bobby.
Hey.
179
00:10:29,321 --> 00:10:31,923
- How's it goin' with Helen?
- Why? What'd she say?
180
00:10:31,989 --> 00:10:34,791
Nothing.
How's it going here?
Don't ask.
181
00:10:40,430 --> 00:10:43,699
Okay, this is
the hotel pharmacy bill,
this is the airline receipt,
182
00:10:43,766 --> 00:10:46,835
and this is the receipt
from the duty-free shop
at the Cancún airport.
183
00:10:46,901 --> 00:10:49,403
Total comes to $6,020.12,
184
00:10:49,470 --> 00:10:52,873
not including
what we expect for hardship
and emotional trauma.
185
00:10:56,176 --> 00:10:59,078
You know, Myra,
these cases can sometimes
be hard to put a price on.
186
00:10:59,145 --> 00:11:01,747
I think that
we should try to go
for reimbursement on the hotel.
187
00:11:01,814 --> 00:11:05,316
Ellenor, I love you.
188
00:11:05,383 --> 00:11:09,420
And forgive me for saying this,
but you need
to understand this thing.
189
00:11:09,487 --> 00:11:11,722
Sex can be very important
in a couple's relationship.
190
00:11:11,789 --> 00:11:14,624
Without it, there can be
strain in the marital bed.
My marital bed.
191
00:11:14,691 --> 00:11:18,061
Wasn't there any, uh,
premarital sex?
192
00:11:18,127 --> 00:11:20,863
Yes, of course,
all the time.
But that's not the point.
193
00:11:20,929 --> 00:11:23,031
Okay, then why don't we, um,
194
00:11:23,098 --> 00:11:25,633
take a look at
the other forfeited aspects
of the honeymoon.
195
00:11:25,700 --> 00:11:27,435
Okay, like what?
196
00:11:27,502 --> 00:11:30,504
Like touristy things
you were prevented from doing
because of the hamstring.
197
00:11:30,571 --> 00:11:33,240
I-- I don't know.
198
00:11:33,307 --> 00:11:38,078
Okay. How about, oh,
let's say snorkeling, sailing?
Okay!
199
00:11:38,144 --> 00:11:40,913
Do you and Oren
play any sports?
Was that on your schedule?
200
00:11:40,980 --> 00:11:44,183
I don't know.
I think-- I think Oren
has a tennis racquet.
201
00:11:45,384 --> 00:11:47,285
How about bicycling?
202
00:11:47,351 --> 00:11:50,621
Irritates.
I get a yeast flare-up.
Is this really necessary?
203
00:11:50,688 --> 00:11:53,123
I'm just trying
to establish your expectations
for the honeymoon.
204
00:11:53,190 --> 00:11:56,058
It would be very helpful
if you could just
write a list of things...
205
00:11:56,125 --> 00:11:58,160
you and Oren wanted to do,
you know, hobbies or--
206
00:11:58,227 --> 00:12:00,762
Okay, I've only
been with the guy
four and a half months.
207
00:12:00,829 --> 00:12:03,398
It's not like I know him
inside out, okay?
All right.
208
00:12:03,465 --> 00:12:06,701
Oh! Mush.
209
00:12:09,169 --> 00:12:12,006
We can't just switch
from assault to homicide
in the middle of a trial.
210
00:12:12,072 --> 00:12:15,274
We put them on notice
from the start.
This should be a mistrial.
211
00:12:15,341 --> 00:12:18,511
- Same facts, same case.
- Except now,
you're switching to homicide.
212
00:12:18,577 --> 00:12:21,479
- It's either
new trial or mistrial.
- I'm afraid it's neither.
213
00:12:21,546 --> 00:12:23,815
You're not prejudiced by this.
It doesn't affect the evidence.
214
00:12:23,881 --> 00:12:25,783
And you knew
they might do this.
215
00:12:25,850 --> 00:12:29,420
You can't just add a charge
in the middle of a trial.
That's unprecedented.
216
00:12:29,486 --> 00:12:33,223
It's not unprecedented.
It might be irregular, but you
take that up with appeals.
217
00:12:33,289 --> 00:12:35,225
Now, this case goes on
with the manslaughter charge.
218
00:12:38,493 --> 00:12:42,531
Can you describe
the scene for us when
you first arrived at 4:15?
219
00:12:42,597 --> 00:12:46,534
There were people
running out of the store
carrying merchandise.
220
00:12:46,600 --> 00:12:49,803
Other people from the street
were rushing back inside
at the same time.
221
00:12:49,870 --> 00:12:53,573
That's when I saw the body
crash through the front window.
222
00:12:53,640 --> 00:12:57,176
And that would be
the body of the deceased,
Mr. Roman Rosemont?
223
00:12:57,243 --> 00:13:00,912
-Yes, ma'am.
-Did you see who actually hurled
the body through the window?
224
00:13:00,979 --> 00:13:03,514
Objection. Counselhas not established...
225
00:13:03,581 --> 00:13:07,517
that Mr. Rosemont
was "hurled"
or otherwise acted upon.
226
00:13:07,585 --> 00:13:11,321
- Overruled.
- What did you see, Officer?
227
00:13:11,388 --> 00:13:14,690
I saw the defendant,
Mr. Wilton, standing on
the other side of the window.
228
00:13:14,757 --> 00:13:16,692
And did he see you?
229
00:13:16,759 --> 00:13:19,494
Did he say anything to you?
[ Whispering ]
230
00:13:19,561 --> 00:13:21,329
Objection.
Leading the witness.
231
00:13:21,396 --> 00:13:25,399
I'll rephrase, Your Honor.
Officer Tedesco,
232
00:13:25,466 --> 00:13:29,069
when you saw Mr. Wilton
standing in the window
of the SaveWorld Drugs,
233
00:13:29,135 --> 00:13:30,737
what did he do?
234
00:13:30,804 --> 00:13:34,240
- Object to the form.
- What happened when
Mr. Wilton saw you?
235
00:13:34,307 --> 00:13:38,143
He said,
"Whose side are you on,
brother?
236
00:13:38,210 --> 00:13:40,312
You should be helping us
to burn this place down."
237
00:13:40,379 --> 00:13:43,647
[ Woman ]
And what do you think
he meant by that remark?
238
00:13:43,714 --> 00:13:45,416
- Objection.
- Overruled.
239
00:13:47,418 --> 00:13:50,753
He wanted me to join him and
the others destroying the store.
240
00:13:52,422 --> 00:13:54,423
[ Woman ]Thank you.
241
00:14:01,562 --> 00:14:03,798
We're in trouble.
We took a hit.
We can recover.
242
00:14:03,864 --> 00:14:05,866
We gotta buy some time.
We're still okay.
243
00:14:05,933 --> 00:14:07,934
We start with the customers
in the store.
244
00:14:08,002 --> 00:14:10,437
Diandra Jackson,
Ty Mallone--
245
00:14:10,504 --> 00:14:13,206
The ones who will swear
it was the store manager
who provoked Aaron.
246
00:14:13,272 --> 00:14:15,474
It's still
justified defense of others,
and we just keep goin'--
247
00:14:15,541 --> 00:14:19,777
Eugene.The jury just heardintent to commit.
248
00:14:19,844 --> 00:14:22,480
Whatever liberal sympathy
we had, it's gone now.
249
00:14:22,547 --> 00:14:26,417
He's the angry
black killer now.
Let's not kid ourselves.
250
00:14:28,852 --> 00:14:32,121
- Maybe we should go with that.
- What?
251
00:14:32,188 --> 00:14:35,858
The Reginald Denny beating.
Remember after the L.A. riots?
252
00:14:35,925 --> 00:14:38,293
That's how they gotthose guys off.
253
00:14:38,360 --> 00:14:43,164
- How?
- It was called
a social deviance defense.
254
00:14:43,231 --> 00:14:46,033
As angry black men,
they had this right to explode.
255
00:14:46,099 --> 00:14:48,435
The jury bought it.
256
00:14:52,438 --> 00:14:55,941
It's not my theory.
I'm just sayin'
that's what they used.
257
00:14:56,007 --> 00:14:59,610
Look it up.
Dr. Troub, Alvin,
whatever his name was.
258
00:14:59,677 --> 00:15:02,012
He was the expert
on the Hilburn case.
259
00:15:02,079 --> 00:15:03,714
[ Lindsay ]
We don't have a Reginald Denny
situation here.
260
00:15:03,781 --> 00:15:06,816
We have
an upper-middle-class defendant,
college-educated--
261
00:15:06,883 --> 00:15:10,053
Not only that, we spent
the last two weeks buildin' up
that he's an upstanding citizen.
262
00:15:10,119 --> 00:15:13,322
Now we're gonna chuck all of
that and make him a poster boy
for Negro inferiority?
263
00:15:13,389 --> 00:15:16,024
It's an option.
Maybe the only one
we have left.
264
00:15:16,091 --> 00:15:17,792
He won't do it.
He's too proud.
265
00:15:17,859 --> 00:15:21,195
Well, 15 years to life
is a high price for pride.
266
00:15:29,169 --> 00:15:31,904
Jimmy, see if we can still
argue diminished capacity.
267
00:15:31,971 --> 00:15:34,106
We should be able to
since they added homicide.
268
00:15:37,175 --> 00:15:39,243
I think we gotta
at least take it to him.
269
00:15:46,716 --> 00:15:49,719
Please, tell me
you're not serious.
270
00:15:49,786 --> 00:15:53,189
I'm not necessarily
recommending it, Aaron.
271
00:15:53,255 --> 00:15:55,557
You're talking about
humiliating me...
272
00:15:55,624 --> 00:15:58,859
in front of my friends,
my family, the whole world.
273
00:15:58,926 --> 00:16:01,428
How the hell is that
supposed to help me?
274
00:16:01,495 --> 00:16:04,564
It helps by maybe
keeping you out of jail.
275
00:16:04,631 --> 00:16:07,834
Explain this to me again.
276
00:16:07,901 --> 00:16:10,269
You argue
that he's a deviant?
277
00:16:10,336 --> 00:16:13,638
We would argue that he has
a pathological tendency
towards violence.
278
00:16:13,706 --> 00:16:17,074
Like a wild monkey defense?
279
00:16:17,141 --> 00:16:20,211
Like I said,
I'm not recommending it.
280
00:16:20,277 --> 00:16:23,179
Then why are you even
presenting it, man?
281
00:16:23,246 --> 00:16:25,581
Because you're staring at
a possible homicide conviction.
282
00:16:25,648 --> 00:16:29,351
Even if we get it chopped down
to involuntary manslaughter,
you're lookin' at five.
283
00:16:29,419 --> 00:16:33,155
[ Woman ]
I still don't understand...
284
00:16:33,222 --> 00:16:35,757
the "group contagion" part.
285
00:16:35,824 --> 00:16:41,529
Basically, instead of tryin'
to argue defense of others,
we argue that...
286
00:16:41,595 --> 00:16:44,831
once the people started fightin'
around you, you kind of
went on automatic pilot.
287
00:16:44,897 --> 00:16:49,001
That's where the
"social deviant" thing comes in.
288
00:16:49,068 --> 00:16:52,003
We say you lacked the power
to stay out of it.
289
00:16:52,070 --> 00:16:54,873
You really expect me
to testify to that?
290
00:16:54,940 --> 00:16:57,708
Something to that effect.
291
00:16:57,775 --> 00:17:00,344
But if he testifies,
doesn't the previous
conviction come in?
292
00:17:00,410 --> 00:17:02,379
We want it in.
It works for us now.
293
00:17:02,446 --> 00:17:05,348
Oh.
Oh, it works for us now?
I see.
294
00:17:05,414 --> 00:17:08,117
The strategy has changed, Aaron.
That's what I'm tryin'
to tell you, man.
295
00:17:08,184 --> 00:17:11,553
Before, we were arguing
you were justified.
296
00:17:11,619 --> 00:17:16,924
Now, it's more like insanity.
You got this pathological thing
that makes you violent.
297
00:17:23,629 --> 00:17:25,565
No.
298
00:17:27,633 --> 00:17:31,336
- Aaron--
- Baby, no!
299
00:17:33,905 --> 00:17:38,976
I mean, how am I--
How am I supposed
to walk back into work...
300
00:17:39,042 --> 00:17:43,180
after I say I'm some kindof pathological,violent animal?
301
00:17:43,246 --> 00:17:47,916
You don't get to walk back
into work if you're in prison.
302
00:17:47,984 --> 00:17:50,085
What about our son?
303
00:17:52,020 --> 00:17:55,823
Our home?
Our life together?
304
00:17:55,890 --> 00:17:57,958
What about all that?
305
00:17:59,459 --> 00:18:02,295
Baby, you're suggesting
that I pretend to be
a social deviant?
306
00:18:02,361 --> 00:18:05,664
I don't know!
[ Sobbing ]
307
00:18:09,334 --> 00:18:11,336
I don't know.
308
00:18:17,608 --> 00:18:21,945
It's not a strong case,
but it's makable.
309
00:18:22,012 --> 00:18:25,481
With just two crimes?
Two assault crimes.
310
00:18:25,548 --> 00:18:30,184
Together with his past history--
getting pulled over,
falsely accused--
311
00:18:30,251 --> 00:18:33,054
Every black man in America
has that history.
312
00:18:33,121 --> 00:18:35,456
As I said,
it's not a strong case.
313
00:18:35,523 --> 00:18:37,725
But all you need
is reasonable doubt.
314
00:18:37,791 --> 00:18:41,261
Doctor, we're in the middle
of the trial. Could you
possibly testify tomorrow?
315
00:18:41,328 --> 00:18:45,797
No problem.
All I need to do
is interview Mr. Wilton.
316
00:18:45,864 --> 00:18:49,000
And I would need
$10,000 in advance.
317
00:18:52,137 --> 00:18:54,572
And, uh,
if you could think...
318
00:18:54,639 --> 00:18:59,008
of any other
horrible things you've done,
it would be helpful.
319
00:19:08,450 --> 00:19:12,386
So basically,
we're betting everything
on this theory.
320
00:19:12,453 --> 00:19:15,989
Bobby will question the doctor.
It'll be better coming from him.
321
00:19:16,056 --> 00:19:20,293
He'll do you as well,
and I'll do the closing.
322
00:19:20,360 --> 00:19:22,695
You don't feel
a little funny about this?
323
00:19:22,762 --> 00:19:27,232
Funny? It makes me sick.
But let's get
the acquittal first.
324
00:19:27,299 --> 00:19:29,400
[ Bobby ]
Yeah, let's get the acquittal.
325
00:19:29,467 --> 00:19:33,404
Now, come on.
We do what we have to do.
326
00:19:33,471 --> 00:19:36,739
We're not losing here.
We're not losing.
327
00:19:43,045 --> 00:19:46,882
Mrs. Kramer,
I really appreciate you
coming down here today.
328
00:19:46,948 --> 00:19:49,750
I've advised Mrs. Kramer
not to say anything
at this time until we can--
329
00:19:49,817 --> 00:19:52,119
Listen, young lady,
I've been in this business
for 30 years,
330
00:19:52,186 --> 00:19:54,621
and I've never carried
liability insurance.
331
00:19:54,688 --> 00:19:56,756
Who ever heard of suing
your travel agent?
332
00:19:56,823 --> 00:19:59,959
Well, Myra Glenn
feels that her damages
are very real.
333
00:20:00,026 --> 00:20:03,161
Our position remains, however,
until we have--
Damages? Name them.
334
00:20:03,228 --> 00:20:05,864
Uh, inconvenience,
335
00:20:05,931 --> 00:20:08,900
fraudulent representations,
and, um,
336
00:20:08,966 --> 00:20:11,235
impediment to, uh,
sexual satisfaction.
337
00:20:11,302 --> 00:20:15,772
I can't promise you anything,
but there may still be room
in all of this for a settlement.
338
00:20:15,839 --> 00:20:18,908
We might look
very favorably upon--
Not the skinniest of a chance.
339
00:20:18,974 --> 00:20:22,311
Mrs. Kramer, you can't deny
that there were foul-ups
on the honeymoon.
340
00:20:22,377 --> 00:20:24,646
Can I tell you something?
341
00:20:24,713 --> 00:20:28,249
When I went on my honeymoon,
my husband Hershel--
may he rest in peace--
342
00:20:28,316 --> 00:20:30,484
never made a big deal
of the sex.
343
00:20:30,551 --> 00:20:34,187
Gracie--
We talked. We played canasta.
We'd go for a stroll.
344
00:20:34,254 --> 00:20:37,056
We really got
to know each other.
345
00:20:37,123 --> 00:20:40,192
There was still time for love,
but it wasn't
the be-all and end-all...
346
00:20:40,259 --> 00:20:42,528
that these kids
make it out to be.
347
00:20:42,594 --> 00:20:45,463
No. No settlement.
348
00:20:45,530 --> 00:20:47,532
And if you're their adviser,
Ms. Frutt,
349
00:20:47,598 --> 00:20:50,501
you tell them
what really matters
in a relationship.
350
00:20:56,973 --> 00:21:01,276
[ Door Opens, Closes ]
Maybe we could work this out.
351
00:21:01,343 --> 00:21:05,513
Yeah.
That would be nice.
352
00:21:08,082 --> 00:21:12,553
Could you explain to the court
the science of
urban anthropology?
353
00:21:12,619 --> 00:21:16,422
Urban anthropology is
the study of human interaction
in the inner cities.
354
00:21:16,489 --> 00:21:19,859
And in all your years
as an urban anthropologist,
355
00:21:19,925 --> 00:21:24,095
have you ever studied situations
like the riot that occurred
in Brighton, Massachusetts?
356
00:21:24,162 --> 00:21:28,766
Many times. In fact, I authored
a paper published in the
Journal of Urban Studies...
357
00:21:28,832 --> 00:21:31,168
entitled"Group Contagionand Racial Violence."
358
00:21:31,234 --> 00:21:33,503
Is this the journal?
Yes.
359
00:21:33,570 --> 00:21:39,341
If you would read
from your article
this paragraph right here.
360
00:21:42,611 --> 00:21:45,113
"It is the finding of this study
that group violence...
361
00:21:45,180 --> 00:21:47,214
"often triggers
a contagious behavior...
362
00:21:47,281 --> 00:21:51,485
"within the African-American
community which aggravates
in African-American males...
363
00:21:51,551 --> 00:21:56,455
an innate pathological tendency
to commit acts of violence."
364
00:21:56,522 --> 00:22:01,193
Well, that is
a pretty bold statement,
don't you think, Doctor?
365
00:22:01,259 --> 00:22:03,261
Aren't you concerned
with being labeled a racist?
366
00:22:03,328 --> 00:22:05,697
[ Troub ]
My concern is scientific study.
367
00:22:05,763 --> 00:22:07,464
Racism plays no part in it.
368
00:22:07,531 --> 00:22:09,833
I see.
If you would read...
369
00:22:09,900 --> 00:22:13,869
the rest of
the outlined portion aloud,
right here.
370
00:22:13,937 --> 00:22:17,707
"This frenzy of aggression
precludes the individual
African-American male...
371
00:22:17,773 --> 00:22:21,276
from forming a specific intent
to hurt or commit mayhem."
372
00:22:21,343 --> 00:22:24,045
- Oh, give me a break.
- Ms. Hart.
373
00:22:24,112 --> 00:22:26,547
In simpler language, Doctor?
374
00:22:26,614 --> 00:22:30,717
We found that black men
cannot be held psychologically
accountable for their actions...
375
00:22:30,783 --> 00:22:33,820
when taken over by this form
of temporary insanity.
376
00:22:33,886 --> 00:22:38,124
It's not unlike pack behavior
you see among many
animal groups.
377
00:22:38,190 --> 00:22:41,192
Objection, Your Honor!
Are we supposed to allow
this racist quackery...
378
00:22:41,259 --> 00:22:43,428
to be passed off
as legitimate science?
379
00:22:43,494 --> 00:22:49,166
The court's position is not
to judge scientific validity,
Ms. Hart. Only relevancy.
380
00:22:49,233 --> 00:22:52,736
- Overruled.
- Doctor, help us out here.
381
00:22:52,802 --> 00:22:56,872
How do you account for this--
this tendency among black males?
382
00:22:56,939 --> 00:23:00,875
The group contagion comes
from commonly shared
emotions of frustration,
383
00:23:00,942 --> 00:23:05,512
from feeling locked outfrom full participationin society.
384
00:23:05,579 --> 00:23:07,681
And when a situationpresents itself...
385
00:23:07,748 --> 00:23:11,317
that gives them a way
to release that
powerful frustration,
386
00:23:11,384 --> 00:23:13,753
it's like lighting a spark
to an explosive.
387
00:23:13,819 --> 00:23:16,922
- It can't help but blow up.
- And this impulse--
388
00:23:16,989 --> 00:23:19,624
this tendency to violence--
you don't find among whites?
389
00:23:19,691 --> 00:23:21,726
No.
Hispanics?
390
00:23:21,793 --> 00:23:23,661
No.
Asians?
391
00:23:23,727 --> 00:23:25,929
No.
Only African-American males
in a group setting...
392
00:23:25,996 --> 00:23:29,932
may be incapable
of resisting
this contagious violence,
393
00:23:29,999 --> 00:23:31,768
like victims of a disease.
394
00:23:31,834 --> 00:23:36,172
So black men
just can't lay off violence?
395
00:23:36,238 --> 00:23:39,707
What I said was
in some situations--
I heard what you said.
396
00:23:39,775 --> 00:23:44,144
Blacks are subject
to group contagion,
which is basically mob violence.
397
00:23:44,211 --> 00:23:47,047
I said
in some situations,
398
00:23:47,114 --> 00:23:52,651
depending upon the underlying
sociological history,
that pathology can develop, yes.
399
00:23:52,718 --> 00:23:55,654
And I'm certainly not
the only doctor or professor
to make this claim.
400
00:23:55,721 --> 00:23:58,623
But you're the one
making it today, Doctor.
401
00:23:58,690 --> 00:24:01,192
I sit here saying
that it is possible.
402
00:24:01,258 --> 00:24:04,228
Possible...
when the price is right.
403
00:24:04,295 --> 00:24:07,598
[ Bobby ] Objection.
How much are you charging
for today's testimony?
404
00:24:07,664 --> 00:24:09,699
Objection.
[ Judge ]Overruled.
405
00:24:09,765 --> 00:24:13,168
- I'm interested to know myself.
- How much, Doctor?
406
00:24:13,235 --> 00:24:16,938
$10,000.
407
00:24:17,005 --> 00:24:21,542
Plus expenses.
You charge for mileage?
Yes.
408
00:24:21,609 --> 00:24:25,278
And in preparation
for today's expert testimony,
409
00:24:25,345 --> 00:24:27,247
how much time did you spend
with the defendant...
410
00:24:27,314 --> 00:24:30,349
to see if he was
"subject to group contagion"?
411
00:24:30,416 --> 00:24:32,718
I'm not sure.
More or less than a day?
412
00:24:32,784 --> 00:24:35,821
Less.
More or less than an hour?
413
00:24:35,887 --> 00:24:39,290
- Less.
- This witness makes me sick!
414
00:24:39,357 --> 00:24:43,293
- Objection!
- That remark is stricken.
415
00:24:43,360 --> 00:24:45,962
- I'm surprised at you.
- Objection!
416
00:24:46,029 --> 00:24:47,864
[ Judge ]Ms. Hart!
417
00:24:49,698 --> 00:24:53,035
The fact that he's withholding
is a good sign.
How do you figure?
418
00:24:53,101 --> 00:24:55,570
Bobby always goes
for the wrong girls
because it's safe.
419
00:24:55,637 --> 00:24:57,705
He knows he'll never
fall too deep.
420
00:24:57,772 --> 00:25:00,041
He's scared with you
because you could be right.
421
00:25:00,107 --> 00:25:02,676
That's ridiculous.
It isn't, Helen.
422
00:25:02,743 --> 00:25:04,945
Be patient.
423
00:25:05,011 --> 00:25:08,414
You know what I think
we should do?
"We"?
424
00:25:08,481 --> 00:25:12,251
Remember the time--
Forget it!
425
00:25:13,985 --> 00:25:17,321
All right. Your birthday's
coming up. I've been wondering
what I should get you.
426
00:25:17,388 --> 00:25:21,359
Three words, Helen--
For-get it!
427
00:25:23,493 --> 00:25:25,862
Okay.
Your loss.
428
00:25:29,766 --> 00:25:33,334
I gotta go after him, Eugene.
I know he's our client, but--
429
00:25:33,402 --> 00:25:36,571
I know the strategy, Bobby.
430
00:25:36,637 --> 00:25:40,641
I'm sorry.
I know this is hard.
431
00:25:40,708 --> 00:25:43,677
Did you tell him
what he's in for?
No.
432
00:25:43,743 --> 00:25:45,979
So he has no idea
where I'm coming from?
433
00:25:46,045 --> 00:25:48,281
Nope.
434
00:25:48,347 --> 00:25:50,449
[ Door Opens ]
435
00:25:51,817 --> 00:25:55,787
Why'd you have to jump in?
You weren't involved.
436
00:25:55,853 --> 00:25:58,389
Well, because I've been stopped
so many times in my life...
437
00:25:58,455 --> 00:26:01,225
for no other reason
than the fact that I'm black.
438
00:26:01,292 --> 00:26:05,095
I just-- Well, I just couldn't
accept it when I saw what
they were doin' to this kid.
439
00:26:05,161 --> 00:26:06,696
You were angry?
Yes.
440
00:26:06,762 --> 00:26:08,964
Angry enough to hurt
that security guard?
441
00:26:09,031 --> 00:26:11,333
I didn't mean to be
involved in a brawl.
Things flew out of control.
442
00:26:11,400 --> 00:26:13,268
Suddenly, I found that
I had to defend myself.
443
00:26:13,335 --> 00:26:16,737
[ Bobby ] We've all watched
the videotape. Are you denying
that you were on the attack?
444
00:26:16,804 --> 00:26:18,639
[ Aaron ]I didn't start it.
You could have walked away.
445
00:26:18,706 --> 00:26:20,307
By then the others
had joined in.
446
00:26:20,373 --> 00:26:22,709
It was four against one.
Why didn't you stop it then?
[ Hart ] Objection.
447
00:26:22,775 --> 00:26:26,012
Is counsel declaring
his own client
a hostile witness?
448
00:26:26,078 --> 00:26:29,715
Mr. Donnell?
I'm advancing a theory
my client doesn't agree with.
449
00:26:29,781 --> 00:26:33,384
- I may haveto treat him as hostile.- [ Judge ] Right.
450
00:26:33,451 --> 00:26:36,854
When you had the upper hand,
451
00:26:36,921 --> 00:26:40,124
why didn't you stop the fight
and leave the store?
452
00:26:40,190 --> 00:26:44,961
I tried to,
but like I said,
things flew out of control.
453
00:26:46,729 --> 00:26:49,131
Watch the tape again,
Mr. Wilton.
454
00:26:49,197 --> 00:26:52,334
Show us where you tried to stop.
455
00:26:54,436 --> 00:26:57,371
Okay, it wasn't like that.I mean, you know,it happened so much faster.
456
00:26:57,438 --> 00:26:59,340
It was like everything
was happening all at once.
457
00:26:59,406 --> 00:27:03,343
[ Bobby ]
Like this?
Or like this?
458
00:27:05,511 --> 00:27:07,780
That's how it seemed.
459
00:27:12,416 --> 00:27:17,588
I see. And when the
security guard-- Mr. Rosemont--
tried to restrain you--
460
00:27:17,655 --> 00:27:19,656
Excuse me!Strangle me.
461
00:27:19,723 --> 00:27:21,791
Okay.
"Strangle you."
462
00:27:21,858 --> 00:27:25,061
When Mr. Rosemont
tried to strangle you,
what were you thinking?
463
00:27:25,127 --> 00:27:27,996
Thinking?
I don't know, man.
464
00:27:28,063 --> 00:27:29,831
Did you want to hurt him?
[ Hart ]
Objection.
465
00:27:29,898 --> 00:27:31,732
You wanted to hurt him.
I said I don't knowwhat I was thinking.
466
00:27:31,800 --> 00:27:33,801
Did you want to kill him?
[ Hart ]
Objection!
467
00:27:33,868 --> 00:27:36,136
Were you thinking
that you'd get your revenge
on him, the manager,
468
00:27:36,203 --> 00:27:38,138
the store,
on every white person
in America...
469
00:27:38,205 --> 00:27:41,240
if you put Rosemont through
that plate glass window?
470
00:27:41,307 --> 00:27:43,276
No! I wasn't thinking anything!
[ Hart ]
Objection!
471
00:27:43,342 --> 00:27:46,479
The jury will disregard
the last exchange.
Mr. Donnell!
472
00:27:46,545 --> 00:27:48,914
Those theatricsmight play in Boston,
473
00:27:48,981 --> 00:27:51,916
but here in Wellesley
we don't go for it.
474
00:27:54,819 --> 00:27:57,454
Do you recognize the name
Samuel Baxter?
475
00:27:57,521 --> 00:28:00,190
Yes, I do.
476
00:28:00,256 --> 00:28:02,592
Who is Samuel Baxter?
477
00:28:02,658 --> 00:28:05,527
He was a janitor
at the Academy Homes
in Roxbury.
478
00:28:05,594 --> 00:28:08,497
The projects
where you grew up?
Yes.
479
00:28:08,563 --> 00:28:10,932
Was he a white man
or a black man?
480
00:28:10,999 --> 00:28:12,500
He's a black man.
481
00:28:12,566 --> 00:28:16,203
And how would you characterize
your relationship
with Mr. Baxter back then?
482
00:28:16,269 --> 00:28:18,771
It was friendly.
483
00:28:18,838 --> 00:28:22,208
- You still friendly
with Mr. Baxter?
- No.
484
00:28:22,274 --> 00:28:27,212
You were arrested and convicted
of aggravated assault
against Mr. Baxter.
485
00:28:27,278 --> 00:28:29,948
Objection, Your Honor.
Aside from
the question of relevance,
486
00:28:30,015 --> 00:28:33,083
he's talking about something
that happened almost
20 years ago.
487
00:28:33,150 --> 00:28:36,653
[ Bobby ] Your Honor,
this case today revolves around
the issue of group contagion.
488
00:28:36,720 --> 00:28:39,322
As we have already established
by Dr. Alvin Troub,
489
00:28:39,388 --> 00:28:44,460
"tendency to violence" pathology
may not be limited
to single incidents.
490
00:28:44,527 --> 00:28:47,162
My client and three others
beat up this man.
491
00:28:47,229 --> 00:28:50,865
- Objection!
Now he's testifying.
- Withdrawn.
492
00:28:50,932 --> 00:28:54,635
Did you and your friends
assault Samuel Baxter?
493
00:28:54,701 --> 00:28:57,137
Okay, look, that happened
such a long time ago--
494
00:28:57,203 --> 00:28:59,705
- You were drinking?
- Yes.
495
00:28:59,772 --> 00:29:03,809
And this man, a custodian,
asked you to pick up
some bottles?
496
00:29:03,876 --> 00:29:05,777
- Yes.
- And you beat him up.
497
00:29:05,844 --> 00:29:08,747
Things just
got out of control.
498
00:29:08,813 --> 00:29:12,283
- The four of you beat him up.
- A fight ensued.
499
00:29:12,350 --> 00:29:15,853
This man asked you
to pick up some bottles,
and you beat him half to death.
500
00:29:15,919 --> 00:29:19,489
I read the police report.
Why'd you do that?
501
00:29:19,556 --> 00:29:21,457
I don't know.
Couldn't help yourself?
502
00:29:21,523 --> 00:29:23,425
I said I don't know.
Mr. Wilton.
503
00:29:23,492 --> 00:29:27,162
At the time of the incidentin question today,did you know that...
504
00:29:27,228 --> 00:29:29,164
your actions inside
the SaveWorld Drugstore...
505
00:29:29,230 --> 00:29:31,098
were being videotaped
by the surveillance camera?
506
00:29:31,165 --> 00:29:33,200
Yes.
507
00:29:33,267 --> 00:29:35,535
Well, if you knew that you'd be
identified and arrested,
508
00:29:35,602 --> 00:29:37,537
why didn't you alter
your behavior?
509
00:29:37,604 --> 00:29:38,972
- I don't know.
- You don't know?
510
00:29:39,038 --> 00:29:41,807
I don't know!
511
00:29:47,379 --> 00:29:50,547
Could it be that
you lost control?
512
00:29:55,185 --> 00:29:57,687
You look like you're ready
to lose it now, Aaron.
513
00:30:01,924 --> 00:30:05,560
Legal experts acknowledge
that the strategy
is an enormous risk,
514
00:30:05,627 --> 00:30:09,130
but one that
Wilton's defense attorneys
must think is necessary.
515
00:30:09,197 --> 00:30:13,433
It's as if with an
all-white jury, they figure
race will be a factor.
516
00:30:13,500 --> 00:30:17,537
So rather than beat
the potential racism, why not
use it to your advantage?
517
00:30:17,604 --> 00:30:20,639
This is Melanie Morris--
I'd say that nail
got hit on the head.
518
00:30:20,706 --> 00:30:24,309
It isn't that simple.
Really?
519
00:30:24,375 --> 00:30:30,147
Look. I'm not gonna pretend
that I am proud of this defense.
520
00:30:30,214 --> 00:30:32,649
But how is that different
from what we did
in the Braun case?
521
00:30:32,716 --> 00:30:35,852
We argued that the guy
had a Jewish right to revenge.
522
00:30:35,919 --> 00:30:38,554
- This is a lot different.
- Why?
523
00:30:38,621 --> 00:30:40,188
Gerald Braun
avenged the death
of his daughter.
524
00:30:40,255 --> 00:30:43,225
We argued that he was acting out
of some kind of moral outrage,
and he was.
525
00:30:43,291 --> 00:30:46,861
There's nothing moral about
the arguments we're making now,
and you know it.
526
00:30:46,928 --> 00:30:49,530
I know you are angry,
and Rebecca's out
with the blue flu.
527
00:30:49,596 --> 00:30:53,800
You don't think
I know what that's about?
But this is what we do, Eugene!
528
00:30:53,867 --> 00:30:57,036
Sometimes we--
Hey! I know what we do!
529
00:30:57,102 --> 00:30:59,939
We get people off!
We're good lawyers. We come up
with the best defenses.
530
00:31:00,005 --> 00:31:04,743
There's nothin'
we won't stoop to.
We're the best!
531
00:31:04,809 --> 00:31:06,877
I know what we do.
532
00:31:23,925 --> 00:31:26,260
Eugene, are you ready?
Ready.
533
00:31:26,327 --> 00:31:29,763
Eugene, for us to have
any chance, you gotta
go all out in there.
534
00:31:29,829 --> 00:31:31,798
I know.
I'm ready.
535
00:31:31,865 --> 00:31:36,035
And also,
how difficult this is--
536
00:31:36,102 --> 00:31:38,070
I do understand.
537
00:31:45,843 --> 00:31:48,179
It was successfulin Los Angeles.
538
00:31:48,245 --> 00:31:50,380
If you remember, after
the Reginald Denny beating,
539
00:31:50,446 --> 00:31:52,415
lawyers got acquittals
by arguing--
540
00:31:52,482 --> 00:31:56,686
Diminished capacity under
the group contagion theory
of mob violence.
541
00:31:56,752 --> 00:31:58,954
[ Man ]
Emotional outpouring
of violence.
542
00:31:59,021 --> 00:32:00,989
Now basically,
the argument is that...
543
00:32:01,055 --> 00:32:04,658
Wilton lacked
the specific intent
to commit mayhem.
544
00:32:04,725 --> 00:32:06,660
It ain't dull here.
545
00:32:06,727 --> 00:32:08,929
Nope. Fun place.
546
00:32:08,996 --> 00:32:11,298
[ Chattering ]
[ Clears Throat ]
547
00:32:11,364 --> 00:32:13,332
What we thought,
given the nature of the suit,
548
00:32:13,399 --> 00:32:15,567
you might want to submit
to binding arbitration.
549
00:32:15,634 --> 00:32:18,637
I don't--
I don't want arbitration.
I want my day in court.
550
00:32:18,704 --> 00:32:21,206
Okay, Myra,
you might be spending a dollar
to save 50 cents.
551
00:32:21,272 --> 00:32:24,742
I don't want arbitration.
I want my day in court.
552
00:32:24,809 --> 00:32:28,378
I'm not afraid of a trial.
Why are you?
I am not af--
553
00:32:28,445 --> 00:32:30,747
All right.
Would you consider
small claims court?
554
00:32:30,814 --> 00:32:34,017
Small claims court?
Don't you wanna handle this?
555
00:32:34,083 --> 00:32:37,585
Well, to be perfectly honest,
Myra, I think this case
is a bit of a nuisance suit.
556
00:32:37,653 --> 00:32:40,655
- Tell me about it.
- Let's not inflame
the situation.
557
00:32:40,722 --> 00:32:44,458
Oh, quiet. You fight fire
with fire. And don't
tell me not to inflame!
558
00:32:44,525 --> 00:32:46,893
Okay, this doesn't have
to be a fight.
559
00:32:46,960 --> 00:32:49,595
Yes, of course
it is a fight!
Why do you think we hired you,
560
00:32:49,662 --> 00:32:51,531
to lick opposing counsel's
earlobes?
561
00:32:51,597 --> 00:32:55,067
Okay. You know what?
I'm gonna need a little time
alone with my client.
562
00:32:55,134 --> 00:32:57,369
Do you mind?
No, that's fine.
563
00:33:01,906 --> 00:33:05,976
And I apologize because
I know this now means you have
to be alone with yours.
564
00:33:06,043 --> 00:33:07,978
Thank you.
565
00:33:14,650 --> 00:33:20,088
This... isn't a case
of false accusation.
566
00:33:20,155 --> 00:33:24,424
I've been falsely accused
of shoplifting...
three times.
567
00:33:24,491 --> 00:33:27,827
And I've lost count
of how many times
I've felt suspected.
568
00:33:27,894 --> 00:33:32,165
My black friends,they talk about beingfollowed around in stores.
569
00:33:32,231 --> 00:33:35,467
It's sad.
570
00:33:35,533 --> 00:33:39,203
But the answer isn't a riot.
571
00:33:39,271 --> 00:33:44,308
And the answer most certainly
is not throwing somebody
through a window.
572
00:33:44,375 --> 00:33:49,145
Basically, they're
asking you to accept...
573
00:33:49,212 --> 00:33:53,682
that when black angry men
are in a group,
574
00:33:53,748 --> 00:33:56,184
it's an excuse
to kill somebody.
575
00:33:58,286 --> 00:34:02,890
And that should offend you
as civic-minded people.
576
00:34:03,991 --> 00:34:06,026
And the suggestion...
577
00:34:06,093 --> 00:34:09,295
that blacks should be given
some special exception...
578
00:34:09,361 --> 00:34:14,966
because we, as a race,
are just less able
to resist violence--
579
00:34:16,501 --> 00:34:18,403
That's obscene.
580
00:34:20,571 --> 00:34:23,307
And as a black woman, you--
581
00:34:26,142 --> 00:34:28,044
I'll tell you.
582
00:34:34,950 --> 00:34:37,151
I'm going to go home...
583
00:34:38,686 --> 00:34:41,155
and weep tonight.
584
00:34:41,222 --> 00:34:46,792
Whether the argumentprevails or not,no matter,
585
00:34:46,859 --> 00:34:51,363
because I'm going
to go home and cry...
586
00:34:51,430 --> 00:34:53,898
just because it was made.
587
00:35:08,577 --> 00:35:11,012
Counsel?
588
00:35:18,619 --> 00:35:21,588
"Group contagion."
589
00:35:21,655 --> 00:35:23,523
Our evidence was uncontested.
590
00:35:23,590 --> 00:35:26,759
We put the leading
urban anthropologist
on the stand here,
591
00:35:26,825 --> 00:35:30,996
and he told you the black man
cannot be held
psychologically accountable...
592
00:35:31,063 --> 00:35:33,231
for his actions
when he's in a pack.
593
00:35:33,298 --> 00:35:37,334
He has a susceptibility
to group violence.
Something animal takes over.
594
00:35:37,401 --> 00:35:40,504
Scientific fact.
595
00:35:44,274 --> 00:35:46,209
What crap.
596
00:35:47,410 --> 00:35:50,779
- Your Honor--
- I'm doing my closing!
597
00:35:56,184 --> 00:35:58,352
See, what happened here
is that...
598
00:35:58,419 --> 00:36:02,422
this man got frustrated,
and he fought back.
599
00:36:02,489 --> 00:36:05,424
He was justified.
But as a legal strategy,
600
00:36:05,491 --> 00:36:08,694
we didn't think
we could get you to believe
he was justified.
601
00:36:08,760 --> 00:36:13,331
We thought we'd have a better
chance of convincing a white
jury that he was an animal.
602
00:36:13,398 --> 00:36:17,768
So it becamegood legal strategyto argue that our client...
603
00:36:17,835 --> 00:36:21,771
was like some pack animal,
a social deviant,
and it's crap.
604
00:36:21,838 --> 00:36:25,641
This is a good man--
Aaron Wilton--
605
00:36:25,708 --> 00:36:28,544
with a family, a son.
606
00:36:28,611 --> 00:36:31,379
He's an executive vice president
at his place of work.
607
00:36:31,446 --> 00:36:34,248
He is a very good man.
608
00:36:36,550 --> 00:36:38,419
He just finally had had it.
609
00:36:38,485 --> 00:36:41,387
Seeing somebody
being falsely accused,
he sticks up for him.
610
00:36:41,454 --> 00:36:44,123
This thing breaks out.Security officersare jumpin' on him.
611
00:36:44,189 --> 00:36:47,459
He had damn well had it.
And if you don't understand...
612
00:36:47,526 --> 00:36:52,797
how this man could
impulsively lash out,
well, all you prove...
613
00:36:52,864 --> 00:36:54,932
is that you don't understand.
614
00:36:54,998 --> 00:37:00,403
Oh, I know you can sympathize,
but until you've been
yanked out of your car,
615
00:37:00,470 --> 00:37:03,305
until you've been searched
just because of how you look,
616
00:37:03,372 --> 00:37:06,942
until you see the look of fear
in somebody else's eyes...
617
00:37:07,008 --> 00:37:10,912
staring back at you
simply because you're black--
618
00:37:10,979 --> 00:37:13,548
Until that kind of thinghappens to you...
619
00:37:13,614 --> 00:37:17,684
over and over and over...
620
00:37:17,751 --> 00:37:20,386
and over and over,
621
00:37:20,453 --> 00:37:23,456
you can't know.
622
00:37:27,025 --> 00:37:30,995
My cocounsel, Bobby Donnell,
623
00:37:31,062 --> 00:37:33,798
looked me in the eyesthis morning and said...
624
00:37:33,865 --> 00:37:36,833
he understands.
625
00:37:36,900 --> 00:37:41,371
He doesn't.
He might think that he does,
626
00:37:44,506 --> 00:37:46,408
but he doesn't.
627
00:37:48,176 --> 00:37:52,680
Aaron Wilton went to the aid
of a victim of racism.
628
00:37:52,746 --> 00:37:56,917
He then became the enemy
and was assaulted
by security guards,
629
00:37:56,984 --> 00:38:00,453
and he reacted with
moral and personal outrage!
630
00:38:00,520 --> 00:38:03,122
That's what happened.
631
00:38:11,028 --> 00:38:14,264
I won't ask any of you
to understand.
632
00:38:15,665 --> 00:38:18,067
I know that's not possible.
633
00:38:20,069 --> 00:38:22,171
All I'll say--
634
00:38:23,839 --> 00:38:26,408
This man is no deviant.
635
00:38:28,610 --> 00:38:30,945
This man...
636
00:38:31,012 --> 00:38:33,647
was justified.
637
00:38:51,195 --> 00:38:53,764
I just meanit's a silly lawsuit.
638
00:38:53,831 --> 00:38:58,134
Silly? Well, maybe
you're just trivializing
the importance of a honeymoon...
639
00:38:58,200 --> 00:39:01,437
because it helps you cope
with the likelihood that
you'll never have one.
640
00:39:01,503 --> 00:39:03,405
I beg your pardon?
641
00:39:03,472 --> 00:39:05,440
What was I thinking coming here
expecting you...
642
00:39:05,506 --> 00:39:07,542
to embrace the idea
of sex being important
in the union?
643
00:39:07,608 --> 00:39:11,545
Don't turn this on me, Myra.
You're the one turning it.
You just called me stupid.
644
00:39:11,611 --> 00:39:15,582
I'm not calling you stupid.
I just said it was silly
to prosecute a travel agent.
645
00:39:15,649 --> 00:39:18,217
Which brings me back to the fact
that you don't have a clue.
A clue what about?
646
00:39:18,284 --> 00:39:21,387
You know what, Ellenor?
Probably the only
long-term sexual relationship...
647
00:39:21,454 --> 00:39:23,388
you've ever had
has been with your left hand.
648
00:39:23,455 --> 00:39:26,591
It was a mistake to come here.
Good-bye.
649
00:39:28,392 --> 00:39:31,328
Myra?
650
00:39:31,395 --> 00:39:34,130
Yes?
651
00:39:37,100 --> 00:39:40,135
Never insult the left!
652
00:39:41,070 --> 00:39:44,706
Ellenor? Wh--
She tripped.
653
00:39:46,775 --> 00:39:49,076
[ Groans ]
654
00:39:49,142 --> 00:39:51,378
[ Snickering ]
655
00:39:51,444 --> 00:39:54,547
You ought to go before the Bar.
You should lose your license
for a stunt like that!
656
00:39:54,614 --> 00:39:56,583
You want my license?
Take my license.
Take my license!
657
00:39:56,649 --> 00:39:59,018
Did you tell the client
you were gonna pull that?
Did you ask me?
658
00:39:59,085 --> 00:40:00,886
I didn't need to ask!
The hell you didn't!
659
00:40:00,952 --> 00:40:03,822
He comes before
your black pride, Eugene!
If he goes to jail--
660
00:40:03,889 --> 00:40:07,425
Then we get grounds for appeal.
You can argue his lawyer
was a deviant!
661
00:40:07,492 --> 00:40:09,693
It's irresponsible!
All right!
662
00:40:12,329 --> 00:40:15,098
All right, look.
The truth is,
663
00:40:15,164 --> 00:40:19,902
I don't know if I could've lived
with an acquittal on that
contagion defense anyway.
664
00:40:19,968 --> 00:40:22,437
How could I explain that
to my son, Bobby?
665
00:40:22,504 --> 00:40:25,807
Even so,
he should've asked you.
666
00:40:25,873 --> 00:40:29,876
It's like he said.
He didn't need to.
667
00:40:29,943 --> 00:40:32,345
[ Door Opens ]
668
00:40:33,880 --> 00:40:36,015
Jury's back.
669
00:40:42,554 --> 00:40:46,090
Members of the jury,
have you reached a verdict?
We have, Your Honor.
670
00:40:46,157 --> 00:40:48,492
Will the defendant
please stand?
671
00:40:52,162 --> 00:40:54,431
How do you find?
672
00:40:54,497 --> 00:40:57,133
In the matter
of the Commonwealthversus Aaron David Wilton,
673
00:40:57,199 --> 00:41:00,401
on the first charge
of voluntary manslaughter,
674
00:41:00,468 --> 00:41:02,470
we find the defendant
not guilty.
675
00:41:04,305 --> 00:41:10,076
On the second charge ofaggravated mayhem, we findthe defendant not guilty.
676
00:41:10,144 --> 00:41:14,747
On the third chargeof felony assault, we findthe defendant not guilty.
677
00:41:14,813 --> 00:41:17,416
[ Scattered Applause ]
678
00:41:17,483 --> 00:41:21,119
So say you one,
so say you all?
Very well.
679
00:41:21,186 --> 00:41:25,890
Members of the jury,
thank you for your service.
You're now excused.
680
00:41:25,957 --> 00:41:28,592
Court is adjourned.
[ Gavel Raps ]
681
00:41:38,133 --> 00:41:40,435
[ Reporters Shouting Questions ]
682
00:41:53,813 --> 00:41:56,148
Congratulations.
683
00:41:56,215 --> 00:42:00,785
I think
your closing did it.
Thanks.
684
00:42:00,851 --> 00:42:04,021
You want to talk
to the press on this,
or you want me to do it?
685
00:42:04,088 --> 00:42:08,692
Uh, you're better
at spin.
You do it.
686
00:42:12,728 --> 00:42:16,098
Eugene, you claim
I don't understand.
687
00:42:16,164 --> 00:42:18,933
I'll accept--
I'll accept that.
I will.
688
00:42:19,000 --> 00:42:21,869
I don't understand what
it's like to be subjected...
689
00:42:23,604 --> 00:42:27,173
over and over
and over again.
690
00:42:27,240 --> 00:42:31,043
I'll accept
I'll never get that.
691
00:42:31,110 --> 00:42:32,945
But you know
a man did die here.
692
00:42:33,012 --> 00:42:38,450
And the "I've had it" theory
as a defense to manslaughter--
693
00:42:41,152 --> 00:42:43,621
I'll never
understand that either.
694
00:42:46,556 --> 00:42:48,958
[ Sighs ]
695
00:42:49,025 --> 00:42:50,860
Just a legal strategy.
696
00:42:53,429 --> 00:42:56,898
You got yours,
and, uh,
697
00:42:59,600 --> 00:43:02,369
I got mine.
698
00:43:03,938 --> 00:43:06,540
Yeah.
699
00:43:06,606 --> 00:43:08,642
But yours came from your heart.
700
00:43:29,725 --> 00:43:31,727
We simply soughtthe jury's understanding...
701
00:43:31,794 --> 00:43:35,129
of Aaron Wilton's
state of mind
at the time of the event.
702
00:43:35,197 --> 00:43:37,866
That understanding
between a white jury
and a black defendant...
703
00:43:37,932 --> 00:43:40,634
can only be construed
as a positive outcome...
704
00:43:40,635 --> 00:43:44,135
beyond the guilt
or innocence of one man.
705
00:43:44,202 --> 00:43:48,435
It's a larger statement
for our commonwealth
and for our country.
706
00:44:43,935 --> 00:44:45,735
[ Woman ]You stinker!
62044
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