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These are the user uploaded subtitles that are being translated: 1 00:00:00,834 --> 00:00:02,202 Previously on "The Practice"... 2 00:00:02,235 --> 00:00:04,571 Amanda, I'm Lucy Hatcher, 3 00:00:04,605 --> 00:00:07,307 a counselor from the Rape Crisis Center. 4 00:00:07,340 --> 00:00:10,110 -How old are you? -Eleven. 5 00:00:10,143 --> 00:00:11,578 HELEN: The good news is we caught him. 6 00:00:11,612 --> 00:00:13,346 At least, I'm pretty sure of it. 7 00:00:13,379 --> 00:00:15,315 I was wondering whether you'd be able to look 8 00:00:15,348 --> 00:00:17,083 at what we call a police lineup. 9 00:00:17,117 --> 00:00:18,819 No, I don't want to see him. 10 00:00:18,852 --> 00:00:21,187 I don't think she's strong enough emotionally to see him. 11 00:00:21,221 --> 00:00:22,556 I really don't. 12 00:00:22,589 --> 00:00:25,425 This whole case comes down to eyewitness testimony. 13 00:00:25,458 --> 00:00:27,427 So it would be her word against his? 14 00:00:27,460 --> 00:00:29,630 No, we have another eyewitness. 15 00:00:29,663 --> 00:00:31,798 A woman saw it from a balcony. 16 00:00:31,832 --> 00:00:33,767 Are you sure about the man you saw? 17 00:00:33,800 --> 00:00:35,401 Yes. He lives in the building. 18 00:00:35,435 --> 00:00:36,570 I know who he is. 19 00:00:36,603 --> 00:00:37,771 Miss Tritter, I smell alcohol. 20 00:00:37,804 --> 00:00:39,305 Have you been drinking? 21 00:00:39,339 --> 00:00:40,674 I've had a few beers. 22 00:00:40,707 --> 00:00:42,609 At the time you saw the rape, were you drinking then? 23 00:00:42,643 --> 00:00:43,810 Two beers. 24 00:00:43,844 --> 00:00:45,746 HELEN: All I have is an eyewitness 25 00:00:45,779 --> 00:00:48,348 who was probably under the influence. 26 00:00:48,381 --> 00:00:52,318 Even with your daughter testifying... 27 00:00:52,352 --> 00:00:54,855 she's easily shakeable, Mr. McGowan. 28 00:00:54,888 --> 00:00:56,289 What are you telling me? 29 00:00:56,322 --> 00:00:58,592 It doesn't look good. 30 00:01:04,397 --> 00:01:07,433 What do you mean, no plea? 31 00:01:07,467 --> 00:01:09,770 He backed out of the deal. He wants to go to trial. 32 00:01:09,803 --> 00:01:11,672 He can't do that. 33 00:01:11,705 --> 00:01:13,339 Unfortunately, he can. 34 00:01:13,373 --> 00:01:15,241 Until the plea is entered with the judge, he has-- 35 00:01:15,275 --> 00:01:16,810 Does this mean she'll have to testify? 36 00:01:16,843 --> 00:01:19,680 It means she might. 37 00:01:19,713 --> 00:01:22,683 You have the other witness. 38 00:01:22,716 --> 00:01:24,350 I can't make this case 39 00:01:24,384 --> 00:01:27,353 with Michelle Tritter alone, Howard. You know this. 40 00:01:27,387 --> 00:01:30,256 Amanda will probably have to take the stand. 41 00:01:30,290 --> 00:01:35,662 I will do everything I can to protect her. 42 00:01:38,231 --> 00:01:43,469 Maybe if Michelle Tritter's testimony is compelling enough, 43 00:01:43,504 --> 00:01:47,307 we could reintroduce the idea of a plea 44 00:01:47,340 --> 00:01:49,475 to spare Amanda from... 45 00:01:49,510 --> 00:01:52,779 Look, Howard, 46 00:01:52,813 --> 00:01:55,849 I don't want to be a killer D. A. here. 47 00:01:55,882 --> 00:01:57,918 You want to call this off? 48 00:01:57,951 --> 00:01:58,919 We can't. 49 00:01:58,952 --> 00:02:00,921 He lives in our building. 50 00:02:00,954 --> 00:02:02,488 If he goes free, 51 00:02:02,523 --> 00:02:05,258 she's got to see him every day. 52 00:02:05,291 --> 00:02:08,629 He could rape her again. He's that sick. 53 00:02:11,264 --> 00:02:15,335 Do what you have to do to get him, Ms. Gamble, 54 00:02:15,368 --> 00:02:18,471 but try to spare my little girl. 55 00:02:22,442 --> 00:02:25,445 ♪ (theme) 56 00:03:14,661 --> 00:03:16,462 Jimmy. 57 00:03:16,496 --> 00:03:18,464 Michaelson. 58 00:03:18,498 --> 00:03:21,267 I worked out an installment plan. 59 00:03:21,301 --> 00:03:22,503 I know this, 60 00:03:22,536 --> 00:03:24,237 but his first payment was due last Friday. 61 00:03:24,270 --> 00:03:25,872 I'll call him. 62 00:03:25,906 --> 00:03:28,308 I'd appreciate it if you could call him today. 63 00:03:28,341 --> 00:03:29,876 (door opens) 64 00:03:32,378 --> 00:03:36,449 Excuse me. I'm here to see Robert Donnell. 65 00:03:36,482 --> 00:03:37,784 You are... 66 00:03:37,818 --> 00:03:39,319 Kate Littlefield. 67 00:03:39,352 --> 00:03:40,987 Yes, he's expecting you. 68 00:03:41,021 --> 00:03:42,689 Can I get you some coffee or something? 69 00:03:42,723 --> 00:03:43,724 No, thank you. I'm fine. 70 00:03:43,757 --> 00:03:45,291 Right this way. 71 00:03:49,563 --> 00:03:52,899 I bet she's stopped some traffic once or twice. 72 00:03:52,933 --> 00:03:53,967 Who is she? 73 00:03:54,000 --> 00:03:55,468 Oh, whoa, whoa. 74 00:03:55,502 --> 00:03:56,903 Ooh, are you okay? 75 00:03:56,937 --> 00:04:00,373 Oh, yeah. That was no kick, though. Ow. 76 00:04:00,406 --> 00:04:01,474 You all right? 77 00:04:01,508 --> 00:04:02,709 (sighs) 78 00:04:02,743 --> 00:04:04,878 Yeah, I'm fine. I'm just -- Ahem. 79 00:04:04,911 --> 00:04:06,412 I'm going to sit. 80 00:04:10,016 --> 00:04:12,953 Thank you so much for agreeing to meet with me. 81 00:04:12,986 --> 00:04:16,523 My husband is Raymond Littlefield. 82 00:04:16,557 --> 00:04:19,359 I don't know whether you read the newspapers. 83 00:04:19,392 --> 00:04:22,896 He's been charged with murdering my daughter. 84 00:04:22,929 --> 00:04:24,064 He didn't. 85 00:04:24,097 --> 00:04:26,733 Your daughter, so his stepdaughter. 86 00:04:26,767 --> 00:04:28,535 Yes. 87 00:04:28,569 --> 00:04:31,404 Our attorney, who I consider to be excellent-- 88 00:04:31,437 --> 00:04:33,640 I'm convinced he no longer believes 89 00:04:33,674 --> 00:04:35,341 in my husband's innocence, 90 00:04:35,375 --> 00:04:37,578 and neither Raymond nor myself, for that matter, 91 00:04:37,611 --> 00:04:39,946 feel that it's wise to go into a trial 92 00:04:39,980 --> 00:04:42,949 with a lawyer who's less than sure of the cause. 93 00:04:42,983 --> 00:04:44,685 May I stop you? 94 00:04:44,718 --> 00:04:46,520 For the most part, the lawyer's personal beliefs 95 00:04:46,553 --> 00:04:48,689 about his client's guilt or innocence-- 96 00:04:48,722 --> 00:04:49,923 it rarely matters much. 97 00:04:49,956 --> 00:04:52,025 You don't care? 98 00:04:52,058 --> 00:04:54,060 Not really. 99 00:04:54,094 --> 00:04:56,897 I guess for our own peace of mind, 100 00:04:56,930 --> 00:04:59,600 we'd like to walk into that room 101 00:04:59,633 --> 00:05:01,668 with a lawyer who's truly with us. 102 00:05:01,702 --> 00:05:03,504 I'm also informed 103 00:05:03,537 --> 00:05:05,539 an attorney who believes in his client's innocence 104 00:05:05,572 --> 00:05:08,074 usually puts more pressure on himself. 105 00:05:08,108 --> 00:05:11,545 We'd like the benefit of that pressure. 106 00:05:11,578 --> 00:05:15,115 Tell me about the case. 107 00:05:15,148 --> 00:05:17,918 I've read a little, but... 108 00:05:17,951 --> 00:05:21,888 My daughter was bludgeoned to death last October. 109 00:05:21,922 --> 00:05:26,560 Some of her blood was found on one of Raymond's golf clubs. 110 00:05:26,593 --> 00:05:30,030 Is that the extent of the evidence? 111 00:05:30,063 --> 00:05:33,634 That and... 112 00:05:33,667 --> 00:05:36,503 they claim he had an affair with her. 113 00:05:38,705 --> 00:05:41,508 He didn't. 114 00:05:44,511 --> 00:05:45,946 Is it getting worse? 115 00:05:45,979 --> 00:05:50,416 It's not sharp, but... 116 00:05:50,450 --> 00:05:52,485 it's not going away, either. 117 00:05:52,519 --> 00:05:54,555 Why don't we just go to the doctor to be safe? 118 00:05:57,824 --> 00:05:59,059 Yeah. 119 00:05:59,092 --> 00:06:01,494 That's a good idea. 120 00:06:01,528 --> 00:06:02,529 Come on. 121 00:06:09,570 --> 00:06:12,673 HELEN: Amanda? 122 00:06:12,706 --> 00:06:16,109 How are you doing? 123 00:06:16,142 --> 00:06:18,679 I'm okay. 124 00:06:18,712 --> 00:06:22,683 You're looking so much better. 125 00:06:24,618 --> 00:06:28,188 You know... 126 00:06:28,221 --> 00:06:31,124 we might need you to come tell what happened in court. 127 00:06:31,157 --> 00:06:34,427 You said I didn't have to. 128 00:06:34,460 --> 00:06:36,062 Well, that's what we're hoping, 129 00:06:36,096 --> 00:06:37,964 and it's still possible you might not have to. 130 00:06:37,998 --> 00:06:39,766 The man's going to be there? 131 00:06:39,800 --> 00:06:42,435 Amanda, you will be totally safe. 132 00:06:42,468 --> 00:06:46,072 There will be a lot of policemen and court officers. 133 00:06:46,106 --> 00:06:50,043 What-- What if nobody believes me? 134 00:06:50,076 --> 00:06:52,078 You don't have to worry about that. 135 00:06:52,112 --> 00:06:54,080 Making them believe-- that's my job. 136 00:06:54,114 --> 00:06:57,618 You just have to tell what happened. 137 00:06:57,651 --> 00:06:59,119 Can you do that? 138 00:07:02,923 --> 00:07:06,226 She's so fragile right now. 139 00:07:06,259 --> 00:07:08,161 Is there any way to get a continuance? 140 00:07:08,194 --> 00:07:09,796 I'm asking for one, 141 00:07:09,830 --> 00:07:12,533 but this judge is a nightmare with his docket. 142 00:07:12,566 --> 00:07:15,068 I can't see him giving us any more time. 143 00:07:15,101 --> 00:07:17,237 She's still in bad shape, Helen. 144 00:07:17,270 --> 00:07:18,572 A week, a month-- 145 00:07:18,605 --> 00:07:19,740 I'll try, 146 00:07:19,773 --> 00:07:21,708 but if she has to, can she do it? 147 00:07:21,742 --> 00:07:26,647 The question is not so much can she. It's should she. 148 00:07:26,680 --> 00:07:29,983 Sticking her in a room with the man who raped her... 149 00:07:30,016 --> 00:07:32,553 she'll see him sitting there in a nice suit, 150 00:07:32,586 --> 00:07:35,155 getting called "mister" by these authority figures. 151 00:07:35,188 --> 00:07:37,758 Then she'll be attacked by the defense lawyer. 152 00:07:37,791 --> 00:07:40,193 I understand. Can she do it? 153 00:07:40,226 --> 00:07:42,729 Can she? Probably, yes, 154 00:07:42,763 --> 00:07:45,899 but try to get her more time. 155 00:07:48,769 --> 00:07:52,205 All the evidence of the affair came from my daughter. 156 00:07:52,238 --> 00:07:55,609 She told her friends this. She told her sister. 157 00:07:55,642 --> 00:07:57,678 And you think she was making it up? 158 00:07:57,711 --> 00:07:59,112 She was very troubled. 159 00:07:59,145 --> 00:08:01,882 She would say things to get attention. 160 00:08:01,915 --> 00:08:03,216 Two years ago, 161 00:08:03,249 --> 00:08:06,052 when Raymond wouldn't let her go to a party, 162 00:08:06,086 --> 00:08:09,122 she threatened to say that he molested her. 163 00:08:09,155 --> 00:08:11,024 She was getting counseling. 164 00:08:11,057 --> 00:08:12,859 She was pathological, Mr. Donnell. 165 00:08:12,893 --> 00:08:14,260 Okay, now, 166 00:08:14,294 --> 00:08:17,931 what about her blood on your husband's golf club? 167 00:08:17,964 --> 00:08:20,133 We believe the club was planted. 168 00:08:20,166 --> 00:08:22,035 By who? 169 00:08:22,068 --> 00:08:23,103 No idea. 170 00:08:23,136 --> 00:08:25,606 Raymond had some enemies at work. 171 00:08:25,639 --> 00:08:28,274 Fiona, my daughter, had enemies, too. 172 00:08:28,308 --> 00:08:31,144 She'd gotten into some drug problems. 173 00:08:31,177 --> 00:08:34,615 Perhaps somebody wanted to kill her, 174 00:08:34,648 --> 00:08:38,018 had knowledge of this so-called "affair," 175 00:08:38,051 --> 00:08:41,021 and then used it to frame Raymond. 176 00:08:41,054 --> 00:08:45,325 Or perhaps somebody just wanted to frame Raymond to... 177 00:08:45,358 --> 00:08:47,694 To what? 178 00:08:47,728 --> 00:08:49,630 Get even. 179 00:08:49,663 --> 00:08:51,331 Who would want to do that? 180 00:08:51,364 --> 00:08:56,202 He was having an affair with a woman, 181 00:08:56,236 --> 00:08:58,872 which ended last summer. 182 00:08:58,905 --> 00:09:00,340 Do you think that this woman 183 00:09:00,373 --> 00:09:02,175 might have killed your daughter? 184 00:09:02,208 --> 00:09:04,645 I don't even know her. 185 00:09:04,678 --> 00:09:08,915 Raymond thinks not. The police think not. 186 00:09:08,949 --> 00:09:11,785 How old was your daughter? 187 00:09:11,818 --> 00:09:14,755 Sixteen. 188 00:09:20,360 --> 00:09:22,328 Is this where you're getting the pains? 189 00:09:22,362 --> 00:09:24,130 Yeah, right there. Mm-hmm. 190 00:09:24,164 --> 00:09:27,033 Could be just ligament strain or muscle spasm. 191 00:09:30,170 --> 00:09:32,138 It could be pre-eclampsia. 192 00:09:32,172 --> 00:09:34,641 Your B. P.'s a little high. 193 00:09:34,675 --> 00:09:37,911 Well, the paternity suit really stressed me out. 194 00:09:37,944 --> 00:09:41,181 There are also trace amounts of protein in your urine. 195 00:09:41,214 --> 00:09:42,883 Oh, great. 196 00:09:42,916 --> 00:09:44,751 Ellenor, have you been feeling sick lately? 197 00:09:44,785 --> 00:09:45,819 Had the flu, a cold? 198 00:09:45,852 --> 00:09:47,287 No. Why? 199 00:09:47,320 --> 00:09:49,923 You've got an elevated white blood cell count, 200 00:09:49,956 --> 00:09:52,893 which is normal in pregnancy, but you're high. 201 00:09:52,926 --> 00:09:54,928 I want to run some more tests. 202 00:09:54,961 --> 00:09:55,962 Okay, now you're freaking me out. 203 00:09:55,996 --> 00:09:58,098 Ellenor. 204 00:09:58,131 --> 00:10:00,834 I know you don't want Ben because he's a personal friend, 205 00:10:00,867 --> 00:10:02,936 but I'd like for him to see you. 206 00:10:04,971 --> 00:10:07,040 Is the baby in danger? 207 00:10:07,073 --> 00:10:08,308 Not at all, 208 00:10:08,341 --> 00:10:11,845 but I want Ben Gideon to see you. 209 00:10:16,883 --> 00:10:19,920 All rise. The honorable Abraham Betts presiding. 210 00:10:19,953 --> 00:10:21,788 Counsel, remain standing. 211 00:10:21,822 --> 00:10:23,790 No need to get comfortable. 212 00:10:23,824 --> 00:10:26,827 This isn't going to take very long. 213 00:10:30,430 --> 00:10:31,932 Ms. Gamble, 214 00:10:31,965 --> 00:10:33,967 your motion for a continuance is denied. 215 00:10:34,000 --> 00:10:35,368 Your honor-- 216 00:10:35,401 --> 00:10:37,971 I told you probable cause on this is thin. 217 00:10:38,004 --> 00:10:39,873 The defendant does have the right 218 00:10:39,906 --> 00:10:42,042 to a fair and speedy trial, Ms. Gamble. 219 00:10:42,075 --> 00:10:43,309 Have you forgotten that? 220 00:10:43,343 --> 00:10:45,145 The rape wasn't that long ago. 221 00:10:45,178 --> 00:10:46,780 The longer you wait, 222 00:10:46,813 --> 00:10:48,815 the less fresh the memories of your witnesses. 223 00:10:48,849 --> 00:10:50,984 Yes, thank you for your concern. 224 00:10:51,017 --> 00:10:52,886 You also have my motion 225 00:10:52,919 --> 00:10:55,989 to let the child testify via closed-circuit television. 226 00:10:56,022 --> 00:10:57,157 Denied. 227 00:10:57,190 --> 00:11:00,326 This trial starts after lunch. 228 00:11:00,360 --> 00:11:01,795 Your honor, 229 00:11:01,828 --> 00:11:03,730 I'd like to be heard on my second motion. 230 00:11:03,764 --> 00:11:05,331 You've been read. 231 00:11:05,365 --> 00:11:06,833 The victim is 11. 232 00:11:06,867 --> 00:11:09,736 Forcing an 11-year-old little girl to sit 233 00:11:09,770 --> 00:11:11,437 in the same room with the man who raped her-- 234 00:11:11,471 --> 00:11:13,740 That's his right. Confrontation clause. 235 00:11:13,774 --> 00:11:15,809 Face-to-face confrontation if she testifies. 236 00:11:15,842 --> 00:11:17,911 It doesn't need to be in the courtroom. 237 00:11:17,944 --> 00:11:20,446 She could testify closed-circuit. 238 00:11:20,480 --> 00:11:22,448 It's not done that way in Massachusetts, your honor. 239 00:11:22,482 --> 00:11:24,751 -It could be. -That's it, Ms. Gamble. 240 00:11:24,785 --> 00:11:26,186 You could save an 11-year-old girl from needlessly suffering. 241 00:11:26,219 --> 00:11:28,288 That's enough! The law is the law. 242 00:11:28,321 --> 00:11:29,823 Your motion is denied. 243 00:11:29,856 --> 00:11:31,892 This trial will start in one hour. 244 00:11:31,925 --> 00:11:33,059 Get your witnesses. 245 00:11:48,041 --> 00:11:49,943 Why is he being like that? 246 00:11:49,976 --> 00:11:52,378 Because he's a judge who cares more about his docket 247 00:11:52,412 --> 00:11:55,048 than the emotions of an 11-year-old rape victim. 248 00:11:55,081 --> 00:11:56,783 So what now? 249 00:11:56,817 --> 00:11:59,219 Let's start the case, see how it goes. 250 00:11:59,252 --> 00:12:01,221 Maybe I can still get a plea. 251 00:12:01,254 --> 00:12:02,789 And if you can't? 252 00:12:05,526 --> 00:12:08,028 You gave me your word. 253 00:12:08,061 --> 00:12:11,965 Mr. McGowan, let's just see how it goes. 254 00:12:29,415 --> 00:12:32,886 We found evidence of vaginal penetration, 255 00:12:32,919 --> 00:12:34,521 lesions, and bruising. 256 00:12:34,555 --> 00:12:37,190 The hymen was broken. 257 00:12:37,223 --> 00:12:40,193 Doctor, were you able to form a medical opinion 258 00:12:40,226 --> 00:12:41,461 as to what happened? 259 00:12:41,494 --> 00:12:43,530 Based on the examination, 260 00:12:43,564 --> 00:12:48,001 the injuries are consistent with forcible penetration. 261 00:12:48,034 --> 00:12:49,936 Any evidence of semen? 262 00:12:49,970 --> 00:12:50,937 No. 263 00:12:50,971 --> 00:12:53,206 Any physical evidence, 264 00:12:53,239 --> 00:12:56,209 other than the injuries, that suggests she was raped? 265 00:12:56,242 --> 00:12:57,811 No, but the injuries-- 266 00:12:57,844 --> 00:12:58,945 Thank you, doctor. 267 00:12:58,979 --> 00:13:01,982 You've answered my questions. 268 00:13:07,588 --> 00:13:09,856 You're up next. 20 minutes. 269 00:13:09,890 --> 00:13:11,124 Oh, God. 270 00:13:11,157 --> 00:13:13,459 Just try to relax. You say exactly what-- 271 00:13:13,493 --> 00:13:17,130 Michelle, I smell beer. 272 00:13:17,163 --> 00:13:19,099 I had one. That's all. 273 00:13:19,132 --> 00:13:21,134 Oh, great. 274 00:13:21,167 --> 00:13:22,969 Ms. Gamble, I was trembling. 275 00:13:23,003 --> 00:13:26,507 My hands were shaking. Just to calm me. I'm fine. 276 00:13:26,540 --> 00:13:29,209 You need to be strong up there. 277 00:13:29,242 --> 00:13:31,244 Okay. 278 00:13:31,277 --> 00:13:33,514 His lawyer is going to come at you. 279 00:13:33,547 --> 00:13:35,315 Just remember, 280 00:13:35,348 --> 00:13:37,350 you're standing up there for a young girl. 281 00:13:39,285 --> 00:13:41,588 You need to be as strong as you can. 282 00:13:41,622 --> 00:13:45,626 Okay. 283 00:13:45,659 --> 00:13:47,360 BOBBY: I hate to be plundering-- 284 00:13:47,393 --> 00:13:49,129 Well, my wife's been screaming at me 285 00:13:49,162 --> 00:13:50,496 to go on vacation anyway. 286 00:13:50,531 --> 00:13:54,134 The files are in good shape. 287 00:13:54,167 --> 00:13:56,970 Investigative reports-- you can use all my exhibits. 288 00:13:57,003 --> 00:14:00,073 I can have them messengered over. 289 00:14:02,008 --> 00:14:04,611 What's the matter? 290 00:14:04,645 --> 00:14:07,280 Losing a high-profile case a week before trial, 291 00:14:07,313 --> 00:14:09,916 one would think you'd be a little more upset. 292 00:14:09,950 --> 00:14:12,352 There'll be other cases, Bobby. 293 00:14:12,385 --> 00:14:15,522 He told you he did it. 294 00:14:15,556 --> 00:14:16,523 No, he didn't. 295 00:14:16,557 --> 00:14:19,025 -He did. -Bobby-- 296 00:14:19,059 --> 00:14:21,995 You can't put him on the stand to say he didn't do it 297 00:14:22,028 --> 00:14:23,930 since you know the truth, 298 00:14:23,964 --> 00:14:26,933 so he needs a lawyer who doesn't know the truth. 299 00:14:26,967 --> 00:14:29,369 That's what's going on here, isn't it? 300 00:14:29,402 --> 00:14:31,104 -Bobby-- -You know too much. 301 00:14:31,137 --> 00:14:35,108 He has denied his guilt at all times. 302 00:14:35,141 --> 00:14:38,444 Uh-huh. 303 00:14:38,478 --> 00:14:41,381 I looked out of my window into the vacant lot 304 00:14:41,414 --> 00:14:44,651 and seen him on top of Amanda with his pants down. 305 00:14:44,685 --> 00:14:47,320 She got away and started to run, 306 00:14:47,353 --> 00:14:49,556 but he started chasing her. 307 00:14:49,590 --> 00:14:51,925 HELEN: Who was the man? 308 00:14:51,958 --> 00:14:53,059 Him. 309 00:14:53,093 --> 00:14:55,395 Bruce Wilson. 310 00:14:55,428 --> 00:14:58,498 He lives in the Adams-Green projects with us. 311 00:14:58,532 --> 00:15:01,067 He was running after Amanda, 312 00:15:01,101 --> 00:15:04,671 and she was crying, you know, "Leave me alone." 313 00:15:04,705 --> 00:15:06,540 What did you do? 314 00:15:06,573 --> 00:15:09,142 I ran down to help. 315 00:15:09,175 --> 00:15:11,411 I don't know her real well, but I know her dad's crippled. 316 00:15:11,444 --> 00:15:15,081 I got downstairs, Wilson was already gone. 317 00:15:15,115 --> 00:15:17,050 So I got Amanda settled down. 318 00:15:17,083 --> 00:15:20,621 She was totally upset and crying. 319 00:15:20,654 --> 00:15:24,958 Holding herself, you know, down here. 320 00:15:24,991 --> 00:15:26,627 She said that-- 321 00:15:26,660 --> 00:15:28,595 Objection-- hearsay. 322 00:15:28,629 --> 00:15:30,063 Excited utterance. 323 00:15:30,096 --> 00:15:31,698 Objection sustained. 324 00:15:31,732 --> 00:15:35,101 What did you do next? 325 00:15:35,135 --> 00:15:36,737 I took her to her dad, 326 00:15:36,770 --> 00:15:38,505 but he doesn't have a car, so we took a bus 327 00:15:38,539 --> 00:15:40,373 to the emergency room so she could see a doctor. 328 00:15:40,406 --> 00:15:44,545 And, Ms. Tritter, had you been drinking that day? 329 00:15:44,578 --> 00:15:47,648 I drank two beers that morning, 330 00:15:47,681 --> 00:15:49,550 but I wasn't drunk. 331 00:15:49,583 --> 00:15:52,285 I drink a lot. 332 00:15:52,318 --> 00:15:54,454 Two beers doesn't really affect me that much. 333 00:15:54,487 --> 00:15:56,657 Are you sure you saw what happened? 334 00:15:56,690 --> 00:15:59,259 Yes. 335 00:15:59,292 --> 00:16:02,062 You ran down when you saw the girl being attacked? 336 00:16:02,095 --> 00:16:03,229 Yes. 337 00:16:03,263 --> 00:16:05,398 -Right away? -That's right. 338 00:16:05,431 --> 00:16:08,368 So you saw the attacker for what, half a second? 339 00:16:08,401 --> 00:16:11,237 No, I-- 340 00:16:11,271 --> 00:16:12,573 A couple of seconds. 341 00:16:12,606 --> 00:16:14,374 I had to look and figure out what was-- 342 00:16:14,407 --> 00:16:17,143 You had to look because the vacant lot-- 343 00:16:17,177 --> 00:16:20,113 it's about 200 feet from your house, right? 344 00:16:20,146 --> 00:16:22,215 I guess. 345 00:16:22,248 --> 00:16:23,584 And when you got there, the man was gone? 346 00:16:23,617 --> 00:16:25,385 Yeah, he'd run away. 347 00:16:25,418 --> 00:16:26,653 From 200 feet, 348 00:16:26,687 --> 00:16:29,489 you watch for a whole couple of seconds, 349 00:16:29,523 --> 00:16:32,659 but you're sure that my client is the man? 350 00:16:32,693 --> 00:16:37,598 You're an alcoholic, aren't you, Ms. Tritter? 351 00:16:37,631 --> 00:16:40,033 He did it. 352 00:16:40,066 --> 00:16:42,168 I saw him. 353 00:16:42,202 --> 00:16:45,471 You're an alcoholic, aren't you, Ms. Tritter? 354 00:16:47,340 --> 00:16:49,610 Pretty much. 355 00:16:49,643 --> 00:16:51,778 Do you ever lie about how much you've had to drink? 356 00:16:51,812 --> 00:16:53,680 Sometimes. 357 00:16:53,714 --> 00:16:56,349 Does your client ever lie about raping children? 358 00:16:56,382 --> 00:16:58,785 -Move to strike. -Sustained. 359 00:16:58,819 --> 00:17:01,622 You were drunk that day, weren't you, Ms. Tritter? 360 00:17:01,655 --> 00:17:03,056 No. 361 00:17:03,089 --> 00:17:04,357 No? You have a car, don't you? 362 00:17:04,390 --> 00:17:06,326 Yes. 363 00:17:06,359 --> 00:17:08,729 Didn't you tell Mr. McGowan 364 00:17:08,762 --> 00:17:10,463 that you were too drunk to drive? 365 00:17:10,496 --> 00:17:13,600 I didn't want to put anybody at risk, 366 00:17:13,634 --> 00:17:15,502 but I saw what I saw. 367 00:17:15,536 --> 00:17:17,170 Had any alcohol today? 368 00:17:17,203 --> 00:17:20,173 One beer. 369 00:17:20,206 --> 00:17:21,808 Ever been convicted of a crime? 370 00:17:21,842 --> 00:17:23,610 Once. 371 00:17:23,644 --> 00:17:24,711 What was the charge? 372 00:17:24,745 --> 00:17:26,747 Public drunkenness. 373 00:17:26,780 --> 00:17:29,816 You were found passed out on a sidewalk. 374 00:17:29,850 --> 00:17:32,385 Am I correct? 375 00:17:32,418 --> 00:17:34,387 Yes. 376 00:17:47,133 --> 00:17:48,434 What have they told you? 377 00:17:48,468 --> 00:17:51,404 Just that I could have some mysterious infection. 378 00:17:51,437 --> 00:17:53,439 Is he holding anything back? 379 00:17:53,473 --> 00:17:56,476 He's an old friend, Eugene. He's not going to lie to me. 380 00:17:56,510 --> 00:17:59,546 I might, if there was money involved. 381 00:17:59,580 --> 00:18:01,548 -Benjamin Gideon. -Eugene Young. 382 00:18:01,582 --> 00:18:02,749 Nice to meet you. 383 00:18:02,783 --> 00:18:04,217 All right, cut the small talk. 384 00:18:04,250 --> 00:18:05,218 Just tell me. 385 00:18:05,251 --> 00:18:07,287 We still don't know. 386 00:18:07,320 --> 00:18:09,222 Did I tell you he was funny? 387 00:18:09,255 --> 00:18:12,225 The ultrasound is clean. 388 00:18:12,258 --> 00:18:14,160 No stones, ducts are clear. 389 00:18:14,194 --> 00:18:15,729 So, more tests? 390 00:18:15,762 --> 00:18:20,333 You might have something called chorioamnionitis-- 391 00:18:20,366 --> 00:18:22,836 an infection of the amniotic fluid. 392 00:18:22,869 --> 00:18:24,671 I want to schedule an amnio. 393 00:18:24,705 --> 00:18:27,407 Is it serious? 394 00:18:27,440 --> 00:18:29,409 Could be. 395 00:18:29,442 --> 00:18:32,613 Ben, just tell me, damn it. Is it serious? 396 00:18:32,646 --> 00:18:35,549 Ellenor, I'm not hiding anything from you. 397 00:18:35,582 --> 00:18:36,850 We just don't know. 398 00:18:43,924 --> 00:18:46,259 What was your relationship with her? 399 00:18:46,292 --> 00:18:49,630 At first she hated me because I wasn't her father. 400 00:18:49,663 --> 00:18:51,532 She called me "step-thing," 401 00:18:51,565 --> 00:18:54,200 but then our relationship improved. 402 00:18:54,234 --> 00:18:56,302 How old was she when you two married? 403 00:18:56,336 --> 00:18:57,804 Thirteen. 404 00:18:57,838 --> 00:19:00,373 As I became more of a father figure, 405 00:19:00,406 --> 00:19:02,643 we had run-ins over discipline. 406 00:19:02,676 --> 00:19:06,580 It probably became a typical father/daughter relationship. 407 00:19:06,613 --> 00:19:08,582 With the exception that she claimed 408 00:19:08,615 --> 00:19:10,283 that you slept with her. 409 00:19:10,316 --> 00:19:13,319 She had a history of lying, Mr. Donnell. 410 00:19:13,353 --> 00:19:15,556 The more exotic, the better. 411 00:19:15,589 --> 00:19:17,490 This one happened to make her 412 00:19:17,524 --> 00:19:19,593 more interesting to her friends. 413 00:19:19,626 --> 00:19:20,961 The bottom line is, 414 00:19:20,994 --> 00:19:22,863 there is just no evidence of it 415 00:19:22,896 --> 00:19:25,566 other than Fiona going around saying it happened. 416 00:19:25,599 --> 00:19:28,468 You said she was getting counseling. 417 00:19:28,502 --> 00:19:29,603 Yes. 418 00:19:29,636 --> 00:19:31,705 Has anybody spoken to this counselor? 419 00:19:31,738 --> 00:19:33,473 She told him it happened. 420 00:19:33,507 --> 00:19:35,976 The prosecution plans to call him as a witness. 421 00:19:36,009 --> 00:19:37,511 She lied to him, too. 422 00:19:37,544 --> 00:19:39,880 Okay. 423 00:19:39,913 --> 00:19:41,548 Tomorrow I'm going to bring a motion in limine 424 00:19:41,582 --> 00:19:43,917 to suppress your daughter's statements. 425 00:19:43,950 --> 00:19:44,918 If we win-- 426 00:19:44,951 --> 00:19:46,753 -Can you? -We have a shot. 427 00:19:46,787 --> 00:19:48,855 If we win, there's a chance that the affair-- 428 00:19:48,889 --> 00:19:51,291 The allegation of that affair. 429 00:19:51,324 --> 00:19:53,927 Yes. There's a chance that it'll never come into evidence. 430 00:19:53,960 --> 00:19:55,662 And if we lose? 431 00:19:55,696 --> 00:19:57,598 Our chances get worse. 432 00:19:59,900 --> 00:20:03,003 Now, I have to ask one thing. 433 00:20:03,036 --> 00:20:06,840 I don't mean to be offensive, but... 434 00:20:06,873 --> 00:20:10,844 What? 435 00:20:10,877 --> 00:20:15,381 Did the police ever consider you a suspect? 436 00:20:23,957 --> 00:20:26,927 You're asking me if I killed my own daughter. 437 00:20:26,960 --> 00:20:30,263 Since you had access to both the victim and the weapon, 438 00:20:30,296 --> 00:20:32,465 I'm wondering if the police ever asked. 439 00:20:32,498 --> 00:20:34,568 The night of the murder, 440 00:20:34,601 --> 00:20:38,404 I was at my daughter's school at a board meeting. 441 00:20:38,438 --> 00:20:41,575 Now, whether or not the police checked, 442 00:20:41,608 --> 00:20:43,644 you'll have to ask them. 443 00:20:53,520 --> 00:20:55,689 (door opens) 444 00:20:58,458 --> 00:21:00,627 Michelle. 445 00:21:05,532 --> 00:21:07,500 I'm sorry. 446 00:21:07,534 --> 00:21:09,670 Why? 447 00:21:09,703 --> 00:21:14,708 'Cause I'm a drunk... 448 00:21:14,741 --> 00:21:17,778 and I didn't do that girl much good today. 449 00:21:17,811 --> 00:21:19,613 Yes, you did. 450 00:21:19,646 --> 00:21:21,281 No, I didn't. 451 00:21:22,649 --> 00:21:25,552 I saw the jury looking at me. 452 00:21:25,586 --> 00:21:28,922 Michelle, you stuck to what you saw, 453 00:21:28,955 --> 00:21:30,724 and you were incredibly brave. 454 00:21:30,757 --> 00:21:33,827 Is Amanda going to have to testify? 455 00:21:33,860 --> 00:21:37,463 I think she may have to, yes. 456 00:21:37,497 --> 00:21:39,800 I'm so sorry. 457 00:21:49,576 --> 00:21:51,945 I can just feel it, Lindsay. She did it. 458 00:21:51,978 --> 00:21:54,515 What's her motive to kill her own daughter? 459 00:21:54,548 --> 00:21:56,116 I don't know yet. Insurance, 460 00:21:56,149 --> 00:21:58,619 frame her husband, I don't know. I'll find out. 461 00:21:58,652 --> 00:22:00,887 Bobby, don't you have a slight conflict here? 462 00:22:00,921 --> 00:22:02,488 She's the one who hired you. 463 00:22:02,523 --> 00:22:03,624 To defend him. 464 00:22:03,657 --> 00:22:05,391 He's the client, not her. 465 00:22:05,425 --> 00:22:07,794 I'm not so sure. 466 00:22:07,828 --> 00:22:09,530 They both seem to be the clients. 467 00:22:09,563 --> 00:22:10,764 If you're going to undermine her, 468 00:22:10,797 --> 00:22:12,365 maybe you should get outside ethics counsel 469 00:22:12,398 --> 00:22:13,700 to tell you what to do. 470 00:22:16,436 --> 00:22:19,940 HELEN: How does it feel? 471 00:22:19,973 --> 00:22:23,109 This is where you'll sit. 472 00:22:23,143 --> 00:22:26,479 Where's my dad going to be? 473 00:22:26,513 --> 00:22:28,682 Right over here the whole time. 474 00:22:28,715 --> 00:22:30,851 And I'll be here, too, Amanda. 475 00:22:30,884 --> 00:22:33,854 I'm just going to ask you a few easy questions 476 00:22:33,887 --> 00:22:36,790 just so you can get used to talking up there, okay? 477 00:22:36,823 --> 00:22:39,492 Where is he going to be? 478 00:22:39,526 --> 00:22:40,493 Your father? 479 00:22:40,527 --> 00:22:42,696 No, no, him. 480 00:22:42,729 --> 00:22:46,499 I can't answer that. I'm not allowed to. 481 00:22:46,533 --> 00:22:48,602 But he'll be in the courtroom, 482 00:22:48,635 --> 00:22:50,771 and you never have to look at him 483 00:22:50,804 --> 00:22:53,173 except when I ask you to point to him. 484 00:22:53,206 --> 00:22:54,440 Can you do that? 485 00:23:02,916 --> 00:23:05,485 I can still call it off. 486 00:23:08,021 --> 00:23:09,690 Look, I won't lie. 487 00:23:09,723 --> 00:23:12,559 I think the guy will do it again. 488 00:23:12,593 --> 00:23:15,095 I want him off the streets. 489 00:23:15,128 --> 00:23:17,097 But, doctor, if you're telling me 490 00:23:17,130 --> 00:23:18,732 it would be too detrimental to Amanda-- 491 00:23:18,765 --> 00:23:20,433 I think it's too soon. 492 00:23:20,466 --> 00:23:23,537 The thing is, I can't afford to move. 493 00:23:23,570 --> 00:23:26,907 If he's not convicted, he's back in the projects. 494 00:23:26,940 --> 00:23:30,110 He's back in our building. 495 00:23:30,143 --> 00:23:33,179 Doctor? 496 00:23:33,213 --> 00:23:35,849 I'm worried about the trauma, 497 00:23:35,882 --> 00:23:39,853 but I'm also concerned of the lasting effects-- 498 00:23:39,886 --> 00:23:42,488 her feeling responsible for his freedom 499 00:23:42,523 --> 00:23:45,125 should he rape again. 500 00:23:45,158 --> 00:23:48,128 I want to put her on. 501 00:23:49,796 --> 00:23:51,497 You have my word-- 502 00:23:51,532 --> 00:23:55,168 if it gets too rough, I will call this whole thing off. 503 00:24:00,941 --> 00:24:02,909 The statements are all hearsay. 504 00:24:02,943 --> 00:24:05,646 The prosecution is trying to introduce them as proof. 505 00:24:05,679 --> 00:24:07,080 I maintain these would be exceptions 506 00:24:07,113 --> 00:24:09,215 -to the hearsay rule-- -How? 507 00:24:09,249 --> 00:24:11,652 If counsel took the time to read our memorandum-- 508 00:24:11,685 --> 00:24:13,186 I read it twice, your honor. 509 00:24:13,219 --> 00:24:16,156 The victim boasted of this affair with the defendant. 510 00:24:16,189 --> 00:24:18,725 There's no bragging exception to the hearsay rule. 511 00:24:18,759 --> 00:24:20,260 HILLER: Hold on. 512 00:24:20,293 --> 00:24:22,262 Am I to understand that the evidence 513 00:24:22,295 --> 00:24:24,798 of an affair between the victim and the defendant-- 514 00:24:24,831 --> 00:24:27,200 you have nothing independent of the girl's claims? 515 00:24:27,233 --> 00:24:29,002 That's correct, but if you look 516 00:24:29,035 --> 00:24:31,171 at the affidavit from Fiona's therapist, 517 00:24:31,204 --> 00:24:33,273 you will see that she was quite upset 518 00:24:33,306 --> 00:24:35,208 when she told him of the affair. 519 00:24:35,241 --> 00:24:37,277 That would qualify these statements 520 00:24:37,310 --> 00:24:40,080 as excited utterances, and therefore exempt them-- 521 00:24:40,113 --> 00:24:42,949 The affidavit says the victim was emotional. 522 00:24:42,983 --> 00:24:44,651 It never says "excited." 523 00:24:44,685 --> 00:24:48,021 Who did the victim make these claims to? 524 00:24:48,054 --> 00:24:50,123 To her sister, several friends, 525 00:24:50,156 --> 00:24:51,758 and her therapist. 526 00:24:51,792 --> 00:24:54,761 And when she told her sister and her friends, 527 00:24:54,795 --> 00:24:56,597 what was the tenor of it? 528 00:24:56,630 --> 00:25:00,701 She was essentially boasting about it, yes. 529 00:25:02,636 --> 00:25:04,605 We drew a good judge in Hiller. 530 00:25:04,638 --> 00:25:06,773 She goes by the law, which gives us a shot, 531 00:25:06,807 --> 00:25:08,709 and she shouldn't take long to rule. 532 00:25:08,742 --> 00:25:10,210 It is hearsay, right? 533 00:25:10,243 --> 00:25:11,778 Yes, but many times, 534 00:25:11,812 --> 00:25:13,680 judges find a way to let this stuff in. 535 00:25:13,714 --> 00:25:15,616 In any event, we have to prepare. 536 00:25:15,649 --> 00:25:17,217 Jenny, I'd like to talk to you about your sister. 537 00:25:17,250 --> 00:25:19,720 -Can I do that? -Okay. 538 00:25:19,753 --> 00:25:21,087 And I have some more things to go over with you. 539 00:25:21,121 --> 00:25:22,589 Can you come by after lunch? 540 00:25:22,623 --> 00:25:23,757 We'll be there. 541 00:25:23,790 --> 00:25:27,227 Come on. Let's go see Daddy. 542 00:25:27,260 --> 00:25:29,863 Bobby... 543 00:25:29,896 --> 00:25:31,832 I just talked to Bec. 544 00:25:31,865 --> 00:25:34,568 According to the probate, when Fiona died, 545 00:25:34,601 --> 00:25:37,203 Kate Littlefield became the sole beneficiary 546 00:25:37,237 --> 00:25:39,205 of a $2 million family trust. 547 00:25:39,239 --> 00:25:42,175 Gee, what a shock. 548 00:25:42,208 --> 00:25:44,110 Bobby, if she's our target-- 549 00:25:44,144 --> 00:25:46,947 she did sign the retainer agreement. 550 00:25:46,980 --> 00:25:48,949 Technically, I think, she is a client. 551 00:25:48,982 --> 00:25:50,951 We got to protect ourselves. 552 00:25:53,987 --> 00:25:56,122 Okay. 553 00:25:59,159 --> 00:26:02,095 We're ready. 554 00:26:02,128 --> 00:26:04,698 You can walk in with me, Amanda. 555 00:26:04,731 --> 00:26:07,200 I'll hold your hand. 556 00:26:07,233 --> 00:26:10,604 Amanda? 557 00:26:13,907 --> 00:26:17,310 You just look at me or the floor, nowhere else. 558 00:26:17,343 --> 00:26:21,214 Nobody's going to hurt you in there. 559 00:26:21,247 --> 00:26:22,616 Let's go. 560 00:27:00,053 --> 00:27:02,122 Amanda? 561 00:27:05,125 --> 00:27:09,029 Ms. Gamble, are you calling this witness? 562 00:27:12,799 --> 00:27:17,203 Amanda, you need to come up to the witness chair. 563 00:27:21,875 --> 00:27:23,844 JUDGE BETTS: Ms. Gamble? 564 00:27:23,877 --> 00:27:26,079 HELEN: Amanda. 565 00:27:28,715 --> 00:27:31,818 JUDGE BETTS: Ms. Gamble? 566 00:27:33,887 --> 00:27:36,022 Your honor... 567 00:27:36,056 --> 00:27:38,959 the commonwealth rests. 568 00:27:38,992 --> 00:27:41,127 -Your honor-- -You're not calling this witness? 569 00:27:41,161 --> 00:27:43,063 -No, your honor. -Sidebar, your honor. 570 00:27:43,096 --> 00:27:44,698 Chambers. 571 00:27:44,731 --> 00:27:47,701 I should be allowed to cross-examine. 572 00:27:47,734 --> 00:27:49,135 I did not call her. 573 00:27:49,169 --> 00:27:51,304 She just gave testimony in that room. 574 00:27:51,337 --> 00:27:52,472 She did no such thing. 575 00:27:52,506 --> 00:27:53,874 She made an identification, 576 00:27:53,907 --> 00:27:54,975 and you know it, Helen. 577 00:27:55,008 --> 00:27:56,710 She looked at him, stared. 578 00:27:56,743 --> 00:27:59,212 She did not take the stand. I didn't call her. 579 00:27:59,245 --> 00:28:00,280 She needs an identification, 580 00:28:00,313 --> 00:28:01,715 so she waltzes that girl in there 581 00:28:01,748 --> 00:28:03,784 to stare at my client without being sworn. 582 00:28:03,817 --> 00:28:05,051 I didn't plan what was going to happen-- 583 00:28:05,085 --> 00:28:06,920 Oh, please. 584 00:28:06,953 --> 00:28:08,354 This cannot go to the jury. I want a mistrial. 585 00:28:08,388 --> 00:28:10,356 Oh, right, then you'll argue jeopardy has attached 586 00:28:10,390 --> 00:28:12,292 because we caused a mistrial. 587 00:28:12,325 --> 00:28:14,828 What, so he can walk free to rape another sixth grader? 588 00:28:14,861 --> 00:28:17,430 You don't want to be responsible for that. 589 00:28:17,463 --> 00:28:19,499 Is that what this is, Ms. Gamble? 590 00:28:19,533 --> 00:28:22,903 You couldn't make the case, so you want me to take the heat 591 00:28:22,936 --> 00:28:25,071 for letting him back on the streets? 592 00:28:25,105 --> 00:28:26,907 I'm not trying to do that. 593 00:28:26,940 --> 00:28:29,175 If what just happened in there was planned, 594 00:28:29,209 --> 00:28:31,778 then he's right-- you are totally unethical. 595 00:28:31,812 --> 00:28:34,247 And if you were surprised, you are grossly incompetent, 596 00:28:34,280 --> 00:28:37,183 even for a government lawyer. 597 00:28:37,217 --> 00:28:42,055 Either way, you're the one to blame for a mistrial here. 598 00:28:42,088 --> 00:28:44,525 You, not me. 599 00:28:44,558 --> 00:28:47,093 We pushed that little girl before she was ready. 600 00:28:47,127 --> 00:28:48,529 You, especially, your honor. 601 00:28:48,562 --> 00:28:49,830 This is what happens. 602 00:28:49,863 --> 00:28:53,233 I say what happens here, not you. 603 00:28:53,266 --> 00:28:54,801 Now get out. 604 00:29:04,511 --> 00:29:07,447 Did you believe your sister at all? 605 00:29:07,480 --> 00:29:10,083 No. She liked to shock people, 606 00:29:10,116 --> 00:29:12,218 and this had a great shock value, 607 00:29:12,252 --> 00:29:14,454 sleeping with her stepfather. 608 00:29:14,487 --> 00:29:17,223 All attention would just turn to her. 609 00:29:17,257 --> 00:29:18,925 And you told this to the police? 610 00:29:18,959 --> 00:29:20,961 Yes. 611 00:29:20,994 --> 00:29:23,564 Okay, your dad-- does he have a temper? 612 00:29:23,597 --> 00:29:24,565 Not really. 613 00:29:24,598 --> 00:29:26,299 I mean, he can get mad, 614 00:29:26,332 --> 00:29:29,369 but if you're asking if he could have done this, 615 00:29:29,402 --> 00:29:31,938 the answer is no way. 616 00:29:31,972 --> 00:29:34,107 Okay, I have to ask. 617 00:29:34,140 --> 00:29:37,043 What about your mother? 618 00:29:37,077 --> 00:29:39,412 What about her? 619 00:29:39,445 --> 00:29:41,848 She had access 620 00:29:41,882 --> 00:29:44,217 to the victim and the murder weapon. 621 00:29:44,250 --> 00:29:47,320 What was your mother's relationship with Fiona? 622 00:29:47,353 --> 00:29:49,222 It was fine. 623 00:29:49,255 --> 00:29:53,159 Could you conceive of her wanting to harm your sister? 624 00:29:53,193 --> 00:29:56,897 No. 625 00:29:59,365 --> 00:30:01,602 For me to help your dad, 626 00:30:01,635 --> 00:30:05,506 is there anything you're not telling me? 627 00:30:05,539 --> 00:30:11,069 My mother loved my sister. She would never hurt her. 628 00:30:19,152 --> 00:30:21,588 Ladies and gentlemen of the jury, 629 00:30:21,622 --> 00:30:23,489 Ms. Gamble's bringing a witness into this room, 630 00:30:23,524 --> 00:30:26,459 then changing her mind and deciding not to call her 631 00:30:26,492 --> 00:30:29,863 was one of the sorriest, most reprehensible things 632 00:30:29,896 --> 00:30:32,465 I have ever seen on the bench. 633 00:30:32,498 --> 00:30:36,937 Ms. Gamble's arrogance and stupidity 634 00:30:36,970 --> 00:30:40,040 should have been apparent to everyone in this courtroom. 635 00:30:40,073 --> 00:30:45,378 Now, the defendant has moved for a mistrial. 636 00:30:47,914 --> 00:30:50,884 That motion is denied. 637 00:30:50,917 --> 00:30:53,486 You are, however, to give no consideration 638 00:30:53,520 --> 00:30:56,957 to the victim's behavior in this room, 639 00:30:56,990 --> 00:31:01,161 not even her presence-- none. 640 00:31:01,194 --> 00:31:06,432 The evidence before you is only the testimony of Ms. Tritter 641 00:31:06,466 --> 00:31:10,170 and the testimony of Dr. Inwood-- 642 00:31:10,203 --> 00:31:11,605 nothing else. 643 00:31:11,638 --> 00:31:14,541 We'll adjourn for 20 minutes, 644 00:31:14,575 --> 00:31:17,210 then, Mr. Pashman, you'll begin your closing. 645 00:31:21,682 --> 00:31:23,349 There's no conflict per se. 646 00:31:23,383 --> 00:31:24,918 Who you think did it doesn't matter. 647 00:31:24,951 --> 00:31:26,386 You're simply trying to establish 648 00:31:26,419 --> 00:31:27,988 that Raymond Littlefield didn't. 649 00:31:28,021 --> 00:31:30,924 Rebecca, you know what we're talking about. 650 00:31:30,957 --> 00:31:32,593 We might plan B the wife. 651 00:31:32,626 --> 00:31:36,062 She hired us, and I'm thinking she's a client. 652 00:31:36,096 --> 00:31:38,364 And are you going to do that? 653 00:31:38,398 --> 00:31:40,500 We don't know, but it's an option. Can we? 654 00:31:40,534 --> 00:31:42,435 Well, here's where it gets murky. 655 00:31:42,468 --> 00:31:44,505 If you tip her off that you plan to go after her, 656 00:31:44,538 --> 00:31:46,540 then it undermines the interest of Raymond. 657 00:31:46,573 --> 00:31:48,975 We know it's murky. I want the answer. 658 00:31:49,009 --> 00:31:51,144 Don't snap at me. I just got out of a coma. 659 00:31:51,177 --> 00:31:53,046 Look, we need independent counsel 660 00:31:53,079 --> 00:31:54,548 to give us an opinion. 661 00:31:54,581 --> 00:31:57,150 In the meantime, if we win on this hearsay issue, 662 00:31:57,183 --> 00:31:59,119 we won't need to plan B anybody. 663 00:31:59,152 --> 00:32:00,687 So let's see how that goes. 664 00:32:00,721 --> 00:32:02,422 What about Raymond's mistress? 665 00:32:02,455 --> 00:32:04,457 I'm meeting with her today. 666 00:32:06,727 --> 00:32:08,428 BOBBY: How's she doing? 667 00:32:08,461 --> 00:32:10,496 Okay. She feels pretty good. 668 00:32:10,531 --> 00:32:12,332 What about emotionally? How's she holding up? 669 00:32:12,365 --> 00:32:16,436 She's scared. 670 00:32:19,506 --> 00:32:22,743 All they have to identify my client-- 671 00:32:22,776 --> 00:32:27,313 all they have is the testimony of an admitted alcoholic 672 00:32:27,347 --> 00:32:30,216 who says she saw it for a couple of seconds 673 00:32:30,250 --> 00:32:33,520 from 200 feet away while she was drinking. 674 00:32:33,554 --> 00:32:36,623 That's it. 675 00:32:36,657 --> 00:32:40,093 A two-second I.D. from 200 feet away 676 00:32:40,126 --> 00:32:42,395 from a woman who was too drunk to even drive at the time. 677 00:32:42,428 --> 00:32:46,166 Was there any physical evidence linking this crime to my client? 678 00:32:46,199 --> 00:32:47,601 No. 679 00:32:47,634 --> 00:32:49,503 Any DNA? No. 680 00:32:49,536 --> 00:32:53,339 A hair? A fiber? 681 00:32:53,373 --> 00:32:55,341 Secretion of oil from a hand? 682 00:32:55,375 --> 00:32:58,579 A fingerprint? Nothing. 683 00:32:58,612 --> 00:33:02,783 The say-so of a drunk at 200 feet-- 684 00:33:02,816 --> 00:33:06,452 that's the prosecution's entire case. 685 00:33:06,486 --> 00:33:11,091 Beyond reasonable doubt. 686 00:33:13,560 --> 00:33:18,098 Sometimes the strength of a prosecution's case 687 00:33:18,131 --> 00:33:21,467 can't equal the horror of a crime. 688 00:33:21,501 --> 00:33:24,337 An 11-year-old girl was raped. 689 00:33:24,370 --> 00:33:27,173 It would be nice to have DNA. 690 00:33:27,207 --> 00:33:28,609 Eleven years old. 691 00:33:28,642 --> 00:33:30,611 With the idea that a rapist 692 00:33:30,644 --> 00:33:33,747 could be put back out there to rape more children, 693 00:33:33,780 --> 00:33:37,217 I'd love to have more eyewitnesses than I do, 694 00:33:37,250 --> 00:33:39,385 but as it is often the case, 695 00:33:39,419 --> 00:33:42,488 when rapists abduct 11-year-old little girls 696 00:33:42,523 --> 00:33:44,625 and drag them off to rape them, 697 00:33:44,658 --> 00:33:46,627 they look for secluded areas 698 00:33:46,660 --> 00:33:49,630 where there's less chance of being seen, 699 00:33:49,663 --> 00:33:52,432 and most rapists-- they're not seen. 700 00:33:52,465 --> 00:33:54,400 But this rapist was seen. 701 00:33:54,434 --> 00:33:58,204 Michelle Tritter told you exactly what she saw, 702 00:33:58,238 --> 00:34:01,675 and her testimony is uncontroverted. 703 00:34:01,708 --> 00:34:04,778 She bravely got up there 704 00:34:04,811 --> 00:34:07,581 under attack, being called a drunk, 705 00:34:07,614 --> 00:34:11,585 and she bravely told you what she saw. 706 00:34:11,618 --> 00:34:17,524 Now, the defense talked about all the evidence we don't have. 707 00:34:17,558 --> 00:34:20,226 Why is that? 708 00:34:20,260 --> 00:34:22,763 It's because they know what we do have-- 709 00:34:22,796 --> 00:34:25,799 the medical evidence, the eyewitness' evidence 710 00:34:25,832 --> 00:34:29,670 is more than enough to convict. 711 00:34:29,703 --> 00:34:32,606 Ms. Tritter's not perfect. 712 00:34:32,639 --> 00:34:35,241 No eyewitness ever is. 713 00:34:35,275 --> 00:34:37,711 But if you believe her, 714 00:34:37,744 --> 00:34:41,782 then you know what happened here. 715 00:34:41,815 --> 00:34:44,184 Bruce Wilson was doing 716 00:34:44,217 --> 00:34:48,421 exactly what Michelle Tritter saw him doing. 717 00:34:48,454 --> 00:34:50,624 He was raping Amanda McGowan. 718 00:34:50,657 --> 00:34:52,425 Eleven years old. 719 00:34:52,458 --> 00:34:55,295 It's not a question of whether we've proved it 720 00:34:55,328 --> 00:34:56,730 beyond reasonable doubt. 721 00:34:56,763 --> 00:35:02,468 We have proved it beyond any doubt. 722 00:35:02,503 --> 00:35:05,706 The day his daughter was raped, 723 00:35:05,739 --> 00:35:07,307 Howard McGowan asked me 724 00:35:07,340 --> 00:35:10,577 if I would get the man who did this. 725 00:35:10,611 --> 00:35:15,582 I told him I couldn't really do that... 726 00:35:15,616 --> 00:35:18,418 but you can. 727 00:35:23,489 --> 00:35:25,759 Do you realize my little girl 728 00:35:25,792 --> 00:35:27,327 is already bigger than this guy? 729 00:35:27,360 --> 00:35:29,329 Then I'd go straight C-section, 730 00:35:29,362 --> 00:35:31,331 that's all I can say. 731 00:35:31,364 --> 00:35:33,767 Oh, I'll take her any way she comes. 732 00:35:33,800 --> 00:35:34,768 (baby coos) 733 00:35:34,801 --> 00:35:35,769 Yeah. 734 00:35:35,802 --> 00:35:37,337 (knock on door) 735 00:35:37,370 --> 00:35:39,840 I'll take him. Hey. 736 00:35:39,873 --> 00:35:42,208 She can stay. Just tell me. 737 00:35:42,242 --> 00:35:44,578 Um, you really want to know? 738 00:35:44,611 --> 00:35:46,580 You really want to live? Tell me. 739 00:35:46,613 --> 00:35:50,250 Lab results are normal, including the repeat CBC. 740 00:35:50,283 --> 00:35:51,451 Meaning? 741 00:35:51,484 --> 00:35:52,953 Meaning we need the bed, 742 00:35:52,986 --> 00:35:55,722 and you're starting to bug me, so go home. 743 00:35:55,756 --> 00:35:57,824 -ELLENOR: Really? -I'll give you the steroids to take home. 744 00:35:57,858 --> 00:35:58,959 You can start tomorrow. 745 00:35:58,992 --> 00:36:01,261 I'm okay? The baby's okay? 746 00:36:01,294 --> 00:36:03,830 Crisis averted. 747 00:36:03,864 --> 00:36:05,799 Oh, my God. 748 00:36:14,741 --> 00:36:16,577 BAILIFF: Be seated. 749 00:36:18,845 --> 00:36:21,915 I have reviewed the prosecution's proffer, 750 00:36:21,948 --> 00:36:25,919 as well as the declaration of the victim's therapist. 751 00:36:25,952 --> 00:36:28,855 The right to confront one's accuser, 752 00:36:28,889 --> 00:36:32,859 the right to cross-examine prosecutorial witnesses-- 753 00:36:32,893 --> 00:36:37,964 these are fundamental principles to our criminal justice system. 754 00:36:37,998 --> 00:36:39,833 The statements made by the victim 755 00:36:39,866 --> 00:36:42,836 that she was having an affair with the defendant-- 756 00:36:42,869 --> 00:36:46,507 these are out-of-court declarations, 757 00:36:46,540 --> 00:36:50,977 being offered for the truth of those declarations. 758 00:36:51,011 --> 00:36:53,379 They constitute hearsay. 759 00:36:56,349 --> 00:36:57,784 They are inadmissible, 760 00:36:57,818 --> 00:37:00,987 and they will not be entered into evidence 761 00:37:01,021 --> 00:37:03,624 for the purpose of this proceeding. 762 00:37:03,657 --> 00:37:06,326 -We are adjourned. -(gavel pounds) 763 00:37:06,359 --> 00:37:08,729 Well, congratulations. 764 00:37:08,762 --> 00:37:11,397 You now have an excellent chance at freedom. 765 00:37:11,431 --> 00:37:12,999 What happens now? 766 00:37:13,033 --> 00:37:14,735 I expect the D. A. Will be calling me to strike a deal. 767 00:37:14,768 --> 00:37:16,002 All they have now for evidence 768 00:37:16,036 --> 00:37:18,672 is the victim's blood on your golf club, 769 00:37:18,705 --> 00:37:20,774 and they can't make reasonable doubt on that. 770 00:37:29,415 --> 00:37:32,886 Are you accusing me of murder, Mr. Berluti? 771 00:37:32,919 --> 00:37:34,655 I'm doing no such thing. 772 00:37:34,688 --> 00:37:37,390 I'm just interviewing everybody who could conceivably have 773 00:37:37,423 --> 00:37:39,459 a grudge against Raymond Littlefield. 774 00:37:39,492 --> 00:37:41,361 You two were lovers. 775 00:37:41,394 --> 00:37:43,296 You broke up three months before-- 776 00:37:43,329 --> 00:37:45,666 If I were going to kill somebody out of anger, 777 00:37:45,699 --> 00:37:47,467 wouldn't I have chosen him? 778 00:37:47,500 --> 00:37:49,736 I'm not saying you killed anybody. I'm just-- 779 00:37:49,770 --> 00:37:53,006 You're looking for somebody to point the finger at 780 00:37:53,039 --> 00:37:54,841 to create reasonable doubt. 781 00:37:54,875 --> 00:37:56,777 I'm a lawyer myself, Mr. Berluti, 782 00:37:56,810 --> 00:37:58,478 and I'm more than familiar 783 00:37:58,512 --> 00:38:00,714 with the tactics employed by your firm. 784 00:38:00,747 --> 00:38:02,883 You rise only slightly above the kind of person 785 00:38:02,916 --> 00:38:05,485 who would kill a young girl with a golf club. 786 00:38:05,519 --> 00:38:06,987 I don't appreciate that. 787 00:38:07,020 --> 00:38:10,824 And I don't appreciate being set up as a plan B victim. 788 00:38:13,660 --> 00:38:15,862 Okay. 789 00:38:15,896 --> 00:38:18,765 As somebody who knows Mr. Littlefield, 790 00:38:18,799 --> 00:38:21,067 do you think he's capable of committing this crime? 791 00:38:21,101 --> 00:38:25,572 I think anybody's capable of swinging a golf club 792 00:38:25,606 --> 00:38:27,608 in a fit of rage. 793 00:38:27,641 --> 00:38:29,510 Do I think he did? 794 00:38:29,543 --> 00:38:30,944 No. 795 00:38:30,977 --> 00:38:33,113 Who's your suspect, then? 796 00:38:33,146 --> 00:38:34,848 Have you looked at his wife? 797 00:38:34,881 --> 00:38:38,752 You think she would kill her own daughter? 798 00:38:38,785 --> 00:38:42,956 I think anybody's capable of swinging a golf club 799 00:38:42,989 --> 00:38:44,825 in a fit of rage. 800 00:38:44,858 --> 00:38:47,561 Why did you and Mr. Littlefield 801 00:38:47,594 --> 00:38:48,929 end your affair? 802 00:38:48,962 --> 00:38:52,032 His wife found out about it. 803 00:39:11,885 --> 00:39:13,787 The defendant will please rise. 804 00:39:17,691 --> 00:39:19,025 Mr. Foreman, 805 00:39:19,059 --> 00:39:23,496 the jury has reached a unanimous verdict? 806 00:39:23,530 --> 00:39:25,866 We have, your honor. 807 00:39:25,899 --> 00:39:27,534 What say you? 808 00:39:27,568 --> 00:39:29,536 Commonwealth vs. Bruce Wilson 809 00:39:29,570 --> 00:39:32,438 on the count of rape of a child under 12. 810 00:39:32,472 --> 00:39:34,908 We find the defendant Bruce Wilson... 811 00:39:37,477 --> 00:39:38,645 guilty. 812 00:39:40,681 --> 00:39:42,916 JUDGE: Members of the jury, this completes your service. 813 00:39:42,949 --> 00:39:45,085 You're dismissed with the thanks of the court. 814 00:39:45,118 --> 00:39:47,654 Security, please take the defendant into custody. 815 00:39:47,688 --> 00:39:50,657 We'll see you on March the 20th for sentencing, 816 00:39:50,691 --> 00:39:53,026 and we're adjourned. 817 00:40:01,568 --> 00:40:03,937 We'll need a victim impact statement 818 00:40:03,970 --> 00:40:06,006 from you and Amanda. 819 00:40:06,039 --> 00:40:09,943 Ms. Gamble... 820 00:40:09,976 --> 00:40:12,846 Go see your daughter. 821 00:40:19,152 --> 00:40:21,588 (sighs) 822 00:40:24,725 --> 00:40:27,027 (knock on door) 823 00:40:27,060 --> 00:40:30,230 You look ready to dance. 824 00:40:30,263 --> 00:40:35,902 Actually, I am, as blown away as I feel. 825 00:40:38,939 --> 00:40:40,473 What's up? 826 00:40:40,507 --> 00:40:42,475 Well, when I called you, 827 00:40:42,509 --> 00:40:45,145 I was prepared to offer manslaughter. 828 00:40:45,178 --> 00:40:46,747 Then... 829 00:40:46,780 --> 00:40:48,014 What? 830 00:40:48,048 --> 00:40:51,652 DNA analysis came up from Baltimore. 831 00:40:51,685 --> 00:40:53,620 There was some contaminated blood 832 00:40:53,654 --> 00:40:56,557 on the victim near the vagina. 833 00:40:56,590 --> 00:40:59,660 We've identified the contaminant. 834 00:40:59,693 --> 00:41:01,762 It was a trace of semen. 835 00:41:01,795 --> 00:41:05,031 It genetically matches your client. 836 00:41:11,705 --> 00:41:13,674 We're as shocked as you. 837 00:41:13,707 --> 00:41:16,042 If you need more time to prepare, 838 00:41:16,076 --> 00:41:18,712 we'll of course agree to a continuance. 839 00:41:24,217 --> 00:41:25,686 Don't lie to me. 840 00:41:25,719 --> 00:41:27,854 It can't be right. 841 00:41:27,888 --> 00:41:30,023 It's pretty much a scientific certainty, Raymond. 842 00:41:30,056 --> 00:41:31,792 They will now be able to prove 843 00:41:31,825 --> 00:41:34,194 you were there and you had sex with her. 844 00:41:34,227 --> 00:41:36,229 The game is over, Raymond. 845 00:41:36,262 --> 00:41:38,699 If I have any chance-- any chance at all 846 00:41:38,732 --> 00:41:40,867 of saving you from a life sentence, 847 00:41:40,901 --> 00:41:43,169 you have to tell me how that semen got there. 848 00:41:43,203 --> 00:41:44,671 I didn't kill her. 849 00:41:44,705 --> 00:41:46,239 How did that semen get there, Raymond? 850 00:41:46,272 --> 00:41:47,808 (exhales) 851 00:41:52,312 --> 00:41:55,582 Aside from being sick, 852 00:41:55,616 --> 00:41:57,851 you're screwed. 853 00:42:00,220 --> 00:42:03,890 I didn't kill her, Mr. Donnell. 854 00:42:05,759 --> 00:42:10,731 Whatever else might have happened between us, 855 00:42:10,764 --> 00:42:12,533 I did not kill her. 856 00:42:21,942 --> 00:42:24,144 Oh, my God! 857 00:42:24,177 --> 00:42:26,279 And it took them till now to identify it? 858 00:42:26,312 --> 00:42:27,848 Evidently, it was contaminated. 859 00:42:27,881 --> 00:42:30,316 Now they're sure it's his semen. 860 00:42:30,350 --> 00:42:32,052 Unbelievable. 861 00:42:32,085 --> 00:42:33,654 How old was the stepdaughter? 862 00:42:33,687 --> 00:42:34,788 Sixteen. 863 00:42:34,821 --> 00:42:35,956 What a pig. 864 00:42:35,989 --> 00:42:37,924 Are you ready for your soup? 865 00:42:37,958 --> 00:42:39,292 You have to eat now. 866 00:42:39,325 --> 00:42:41,695 Yes, but I have to go to the bathroom first, 867 00:42:41,728 --> 00:42:42,929 and it needs more salt. 868 00:42:42,963 --> 00:42:44,330 How do you know? 869 00:42:44,364 --> 00:42:46,933 Because your soup always does. 870 00:42:46,967 --> 00:42:49,302 And who makes soup for breakfast, anyway? 871 00:42:49,335 --> 00:42:51,705 Get your own nurse, one who can fry an egg. 872 00:42:51,738 --> 00:42:52,973 I can scramble eggs. 873 00:42:53,006 --> 00:42:54,808 Fantastic. His own stepdaughter-- 874 00:42:54,841 --> 00:42:56,342 You know, kids just aren't innocent anymore, Jimmy. 875 00:42:56,376 --> 00:42:57,778 These days, it's all about-- 876 00:42:57,811 --> 00:42:58,812 (crash) 877 00:42:58,845 --> 00:42:59,946 Ellenor! 878 00:42:59,980 --> 00:43:04,718 Ellenor! Ellenor! Oh, God. Ellenor. 879 00:43:04,751 --> 00:43:07,220 Ellenor? Oh, jeez. 880 00:43:07,253 --> 00:43:08,722 Oh. Oh, Ellenor. 881 00:43:08,755 --> 00:43:10,691 Yes, it's an emergency. 882 00:43:10,724 --> 00:43:13,093 We got a woman, eight months pregnant, 883 00:43:13,126 --> 00:43:14,995 unconscious. 884 00:43:15,028 --> 00:43:16,897 -Is she breathing? -Get an ambulance. 885 00:43:16,930 --> 00:43:18,965 JIMMY: We need an ambulance now. 886 00:43:18,999 --> 00:43:22,202 466 Milbury Street, apartment 11-B. 887 00:43:22,235 --> 00:43:23,336 Ellenor, please, oh, please. 888 00:43:23,369 --> 00:43:24,938 Get it here now! 889 00:43:35,248 --> 00:43:38,251 ♪ (theme) 890 00:44:01,708 --> 00:44:02,776 You stinker! 63232

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