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DOLE:
Previously on The Practice...
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00:00:02,600 --> 00:00:04,633
WALSH: We've heard testimony
of another client
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00:00:04,666 --> 00:00:06,000
who terrorized your wife.
4
00:00:06,033 --> 00:00:07,133
He was murdered.
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00:00:07,166 --> 00:00:08,200
I smell a pattern.
6
00:00:08,233 --> 00:00:10,166
Threaten Lindsay Dole,
7
00:00:10,200 --> 00:00:11,266
you get killed.
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00:00:11,300 --> 00:00:12,700
Objection!
9
00:00:12,733 --> 00:00:14,333
He knew his wife was culpable.
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00:00:14,366 --> 00:00:16,533
Why the immediate
assembly of lawyers,
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00:00:16,566 --> 00:00:18,566
the refusal to speak
to police?
12
00:00:18,600 --> 00:00:20,666
This is consistent
13
00:00:20,700 --> 00:00:23,666
with the behavior
of guilty people.
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00:00:23,700 --> 00:00:25,133
WEST: Ms. Dole,
I am bound
15
00:00:25,166 --> 00:00:26,666
by the statute
to sentence you
16
00:00:26,700 --> 00:00:28,500
to the Framingham
Correction Facility
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00:00:28,533 --> 00:00:30,566
for the remainder
of your natural life.
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00:00:30,600 --> 00:00:32,233
WASHINGTON:
The emotional undercurrents
19
00:00:32,266 --> 00:00:33,933
of a case play a part.
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00:00:33,966 --> 00:00:35,966
Give me this appeal.
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00:00:36,933 --> 00:00:37,800
James Berluti,
22
00:00:37,833 --> 00:00:38,666
Melissa Halpern.
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00:00:38,700 --> 00:00:39,600
Hello.
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00:00:39,633 --> 00:00:40,866
This is my daughter, Joey.
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00:00:40,900 --> 00:00:42,166
Sixteen years ago,
26
00:00:42,200 --> 00:00:43,600
I kidnapped her.
27
00:00:43,633 --> 00:00:45,533
Does your daughter know?
HALPERN: No.
28
00:00:45,566 --> 00:00:47,800
I recently read
a magazine article
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00:00:47,833 --> 00:00:48,966
about the birth mother
30
00:00:49,000 --> 00:00:50,200
and the woman they accused
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00:00:50,233 --> 00:00:51,266
of stealing Joey.
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00:00:51,300 --> 00:00:52,866
BERLUTI: I represent
the individual
33
00:00:52,900 --> 00:00:55,366
who kidnapped your daughter
16 years ago.
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00:00:55,400 --> 00:00:58,366
The individual sends
to you this money order
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00:00:58,400 --> 00:01:00,506
in the amount of $70,000.
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GAMBLE:
Jimmy, police got a visit
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00:01:02,273 --> 00:01:04,673
from a woman named
Sally Burns last night.
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00:01:04,706 --> 00:01:06,706
You had to know
she'd go to the police.
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00:01:06,740 --> 00:01:07,740
So what?
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00:01:07,773 --> 00:01:09,406
it's attorney/client.
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We already know who she is,
42
00:01:11,173 --> 00:01:12,540
Bernice White.
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00:01:12,573 --> 00:01:13,540
First, you're calling me
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00:01:13,573 --> 00:01:15,440
saying it's really important
that we meet,
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00:01:15,473 --> 00:01:17,073
and then I see you
on television
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00:01:17,106 --> 00:01:19,340
concerning a crime
that I have been suspected of
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00:01:19,373 --> 00:01:20,673
for 16 years.
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Bernice White, please place
your hands behind your back.
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00:01:22,973 --> 00:01:24,406
What? Tell them
I'm not your client!
50
00:01:24,440 --> 00:01:25,506
YOUNG: We neither confirm
51
00:01:25,540 --> 00:01:27,540
nor deny that she is our client.
What?!
52
00:01:27,573 --> 00:01:28,540
We neither confirm
53
00:01:28,573 --> 00:01:30,273
nor deny she is our client.
54
00:01:44,206 --> 00:01:45,506
(sighs)
55
00:01:46,906 --> 00:01:48,006
(door opens)
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00:01:51,373 --> 00:01:53,106
She's fading.
57
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I just can't close it.
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00:01:55,040 --> 00:01:56,006
Okay.
59
00:02:04,446 --> 00:02:05,680
Bernice?
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00:02:05,713 --> 00:02:07,013
I'm Helen Gamble.
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00:02:07,046 --> 00:02:09,213
Why won't you
leave me alone?
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00:02:09,246 --> 00:02:10,480
I'm the district attorney.
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00:02:10,513 --> 00:02:12,246
Can we get you a cup
of coffee or something?
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00:02:12,280 --> 00:02:14,713
WHITE: No, I just
wanna go to sleep.
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00:02:14,746 --> 00:02:16,779
I know.
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00:02:17,013 --> 00:02:18,679
Listen, I'm very familiar
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00:02:18,713 --> 00:02:20,946
with these kinds of cases,
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00:02:20,980 --> 00:02:22,380
and the truth is,
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00:02:22,413 --> 00:02:23,846
I happen to believe you.
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00:02:24,813 --> 00:02:27,080
You say you didn't
kidnap this baby,
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00:02:27,113 --> 00:02:28,980
and I believe you believe
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00:02:29,013 --> 00:02:30,846
with all your heart
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00:02:30,880 --> 00:02:32,346
that that's the truth.
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00:02:33,313 --> 00:02:35,980
But I also believe
you're suffering
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00:02:36,013 --> 00:02:37,346
from a form of amnesia,
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00:02:37,380 --> 00:02:38,780
which is extremely common.
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00:02:38,813 --> 00:02:39,946
No.
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00:02:41,713 --> 00:02:43,613
Sometimes...
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00:02:43,646 --> 00:02:45,380
when good people commit acts
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00:02:45,413 --> 00:02:47,813
that shock
their own conscience,
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00:02:47,846 --> 00:02:49,113
they block it out.
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00:02:49,680 --> 00:02:50,513
In your mind,
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00:02:50,546 --> 00:02:52,746
this kidnapping never happened,
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00:02:52,780 --> 00:02:53,380
but...
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00:02:55,113 --> 00:02:56,613
the thing is,
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00:03:00,320 --> 00:03:02,786
a witness saw you leave
with the baby,
87
00:03:04,420 --> 00:03:06,953
and now what the police
aren't telling you
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00:03:06,986 --> 00:03:08,853
they've now located the woman
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00:03:08,886 --> 00:03:10,520
you gave the baby to.
90
00:03:10,953 --> 00:03:13,720
She identified your picture.
91
00:03:13,753 --> 00:03:16,253
You will be convicted
for this crime.
92
00:03:16,286 --> 00:03:18,020
It's not even
a question anymore.
93
00:03:18,053 --> 00:03:20,186
The only thing
to be determined
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00:03:20,220 --> 00:03:22,220
is what happens to you.
95
00:03:22,353 --> 00:03:24,553
Do you understand
what I'm saying, Bernice?
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00:03:25,986 --> 00:03:28,120
Your life is in your hands.
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00:03:28,153 --> 00:03:29,520
You tell us the truth,
98
00:03:29,553 --> 00:03:32,420
we can help you.
99
00:03:32,453 --> 00:03:34,186
You can get home.
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00:03:34,220 --> 00:03:37,153
(music playing)
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00:03:38,986 --> 00:03:41,920
(music playing)
102
00:04:31,926 --> 00:04:33,626
We're moving you
from the orientation unit
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00:04:33,659 --> 00:04:35,226
to the compound.
Okay.
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00:04:35,259 --> 00:04:37,226
OFFICER: Don't pick up
disciplinary tickets.
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00:04:37,259 --> 00:04:38,626
You could stay there
for the duration
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00:04:38,659 --> 00:04:39,593
of your sentence,
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00:04:39,626 --> 00:04:41,193
which is...
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00:04:41,226 --> 00:04:42,593
Life.
109
00:04:42,626 --> 00:04:44,093
I'm hoping to reduce that.
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00:04:44,126 --> 00:04:46,726
My appeal is scheduled
for tomorrow.
111
00:04:46,760 --> 00:04:48,660
Actually, I was hoping
that I could attend.
112
00:04:49,126 --> 00:04:50,126
Sorry.
113
00:04:50,993 --> 00:04:52,860
You filled out
a visitor consent form
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00:04:52,893 --> 00:04:54,993
for a minor child.
For my son.
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00:04:55,026 --> 00:04:56,593
OFFICER: We'll need
a certified birth certificate
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before he can come in.
117
00:04:57,860 --> 00:04:59,226
Then it'll be at least
a month after that.
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00:04:59,260 --> 00:05:00,866
Wait a second.
119
00:05:00,900 --> 00:05:02,633
I can't see my son
for a month?
120
00:05:02,666 --> 00:05:05,066
When you see the shrink,
get meds.
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00:05:05,100 --> 00:05:06,200
Most of the girls
here are on
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00:05:06,233 --> 00:05:07,666
at least one antidepressant.
123
00:05:09,766 --> 00:05:11,366
He can also give you
a dental dam.
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00:05:11,400 --> 00:05:12,633
Excuse me?
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00:05:12,666 --> 00:05:14,766
If you get involved
with anyone,
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00:05:14,800 --> 00:05:16,400
better to be safe
than sorry.
127
00:05:17,766 --> 00:05:19,800
You've been assigned
to janitorial.
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00:05:19,833 --> 00:05:20,933
DOLE: I asked to clerk
in the law library.
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00:05:20,966 --> 00:05:21,766
OFFICER: They all do.
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00:05:21,800 --> 00:05:23,466
It goes to the senior girls.
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00:05:23,500 --> 00:05:26,133
But I'm a lawyer.
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00:05:26,166 --> 00:05:28,033
Ms. Dole,
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00:05:28,066 --> 00:05:29,333
part of your adjustment here
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00:05:29,366 --> 00:05:31,900
is learning that what
you were before doesn't matter.
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00:05:36,133 --> 00:05:37,433
Look, if you don't
like the brief--
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00:05:37,466 --> 00:05:38,800
I didn't say
I didn't like it.
137
00:05:38,833 --> 00:05:40,433
I just think
we short-shrifted
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00:05:40,466 --> 00:05:41,733
the Merits a little.
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00:05:41,766 --> 00:05:43,433
An appeal isn't
about the Merits.
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00:05:43,466 --> 00:05:44,200
DONNELL: Just the same,
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00:05:44,233 --> 00:05:45,466
it would be nice
to have them
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emotionally predisposed.
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00:05:47,033 --> 00:05:48,766
Justice Leon's wife
was the victim
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00:05:48,800 --> 00:05:49,833
of violent crime.
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00:05:49,866 --> 00:05:51,100
It's not a bad idea
to tickle
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00:05:51,133 --> 00:05:52,066
that nerve a little
147
00:05:52,100 --> 00:05:53,333
by reminding them
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00:05:53,366 --> 00:05:55,066
who Lindsay shot.
149
00:05:56,300 --> 00:05:58,600
I'm only talking about
two more paragraphs.
150
00:05:59,100 --> 00:05:59,973
Okay.
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00:06:07,040 --> 00:06:08,073
She's feeling it a little.
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00:06:08,106 --> 00:06:09,206
DONNELL: Was this a mistake?
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00:06:09,240 --> 00:06:10,306
YOUNG: She'll be okay.
154
00:06:10,340 --> 00:06:11,973
Nerves usually
make her better.
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00:06:12,006 --> 00:06:13,173
(door opens)
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00:06:14,840 --> 00:06:15,973
(door closes)
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00:06:16,006 --> 00:06:17,373
I've got a problem.
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00:06:19,173 --> 00:06:21,806
I represent a woman,
Melissa Halpern,
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who kidnapped a child
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00:06:22,740 --> 00:06:24,540
16 years ago.
I heard.
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00:06:24,573 --> 00:06:26,673
BERLUTI: Well,
you probably also heard
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the police arrested
somebody else,
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00:06:28,906 --> 00:06:30,240
Bernice White.
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00:06:30,273 --> 00:06:32,540
In fact, they arrested her
'cause of me, and--
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00:06:32,573 --> 00:06:34,206
Jimmy, can you just cut
to the problem?
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00:06:34,240 --> 00:06:35,273
We're a little busy here.
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Fine.
168
00:06:37,440 --> 00:06:38,873
Bernice White confessed.
169
00:06:41,206 --> 00:06:42,440
Excuse me?
170
00:06:42,473 --> 00:06:44,373
They must have interrogated
her half the night.
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00:06:44,406 --> 00:06:47,306
I don't know, but she signed
a written confession.
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00:06:47,340 --> 00:06:49,140
For a crime
she didn't commit?
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00:06:49,173 --> 00:06:50,206
Yes.
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00:06:51,473 --> 00:06:54,506
Bobby, this is all my doing.
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00:06:55,606 --> 00:06:57,240
I'd like to represent Bernice.
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00:06:57,273 --> 00:06:58,073
How can you do that?
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00:06:58,106 --> 00:06:59,073
You represent Melissa.
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00:06:59,106 --> 00:07:00,913
I won't violate
any privilege.
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00:07:00,946 --> 00:07:02,780
But, Jimmy,
there's a conflict.
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00:07:02,813 --> 00:07:04,246
It's in your client's
best interest
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00:07:04,280 --> 00:07:05,580
for the police
to continue thinking
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00:07:05,613 --> 00:07:07,146
Bernice White
is the kidnapper.
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00:07:07,180 --> 00:07:08,246
And I'm not gonna do much
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00:07:08,280 --> 00:07:10,146
to change their minds
on that,
185
00:07:10,180 --> 00:07:11,913
but I can still
help her beat it
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00:07:11,946 --> 00:07:14,080
without compromising
Melissa Halpern.
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00:07:14,113 --> 00:07:15,413
That's crazy, Jimmy!
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00:07:15,446 --> 00:07:16,513
BERLUTI: I can't just sit
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00:07:16,546 --> 00:07:18,013
and do nothing here!
190
00:07:18,046 --> 00:07:19,446
That woman's gonna
go to prison
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00:07:19,480 --> 00:07:21,280
for a crime
she didn't commit!
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00:07:21,313 --> 00:07:23,446
I put all of it
in motion.
193
00:07:23,480 --> 00:07:25,546
I can't just--
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00:07:27,113 --> 00:07:29,146
if I promise not
to do anything
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00:07:29,180 --> 00:07:31,213
against Melissa Halpern's
interests?
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00:07:34,413 --> 00:07:36,746
You get her consent first.
197
00:07:37,646 --> 00:07:39,380
She has to waive
the conflict.
198
00:07:39,413 --> 00:07:40,746
Okay.
Great.
199
00:07:40,780 --> 00:07:41,946
And take Jamie with you.
200
00:07:41,980 --> 00:07:43,380
I want her there.
Why?
201
00:07:43,413 --> 00:07:45,013
DONNELL: Because you're seem
a little nearsighted, Jimmy.
202
00:07:45,046 --> 00:07:46,380
I want back up.
I don't--
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00:07:46,413 --> 00:07:49,280
DONNELL: You take
Jamie with you.
204
00:07:49,313 --> 00:07:52,246
(music playing)
205
00:07:59,786 --> 00:08:01,620
She confessed?
206
00:08:01,653 --> 00:08:03,186
That's the good news.
207
00:08:03,220 --> 00:08:05,053
The bad is she says
she doesn't know
208
00:08:05,086 --> 00:08:06,886
where your daughter is.
209
00:08:06,920 --> 00:08:08,420
Well, what did she
do with her?
210
00:08:08,453 --> 00:08:10,153
She claims
she doesn't remember.
211
00:08:11,186 --> 00:08:13,620
Look, now that
we have the confession,
212
00:08:13,653 --> 00:08:14,686
we've got some leverage
213
00:08:14,720 --> 00:08:15,753
to work on her.
214
00:08:16,653 --> 00:08:17,586
Sally, it's early.
215
00:08:17,620 --> 00:08:18,886
Give us some time.
216
00:08:18,920 --> 00:08:21,586
SALLY: I don't care
if you make a deal, Helen.
217
00:08:21,620 --> 00:08:24,520
I don't care whether
or not she goes to prison.
218
00:08:25,853 --> 00:08:27,720
I want to see my daughter.
219
00:08:32,220 --> 00:08:33,720
Represent her?
220
00:08:33,753 --> 00:08:35,620
Bernice White?
You have my word--
221
00:08:35,653 --> 00:08:36,620
It'll give me away.
222
00:08:36,653 --> 00:08:38,120
I promise you,
it won't.
223
00:08:38,153 --> 00:08:40,053
It'll have nothing
to do with you.
224
00:08:40,086 --> 00:08:42,786
I won't be saying I know
who the real kidnapper is.
225
00:08:42,820 --> 00:08:44,186
I will be defending
her straight
226
00:08:44,220 --> 00:08:45,286
as if you didn't exist.
227
00:08:45,320 --> 00:08:47,220
Why can't she just get
another lawyer?
228
00:08:47,253 --> 00:08:49,853
She could,
but the reality is,
229
00:08:49,886 --> 00:08:51,820
any other lawyer's
gonna think she did it,
230
00:08:51,853 --> 00:08:54,286
and the defense
will reflect that.
231
00:08:54,320 --> 00:08:56,186
I want it to be me.
232
00:08:58,420 --> 00:08:59,660
And why is she here?
233
00:08:59,693 --> 00:09:02,093
Because as complicated
as it is,
234
00:09:02,126 --> 00:09:03,593
we feel two attorneys...
235
00:09:03,626 --> 00:09:04,560
Here's my card.
236
00:09:04,593 --> 00:09:05,726
Look, she doesn't
need your card.
237
00:09:06,760 --> 00:09:08,860
Melissa,
I know you don't want
238
00:09:08,893 --> 00:09:10,360
Bernice White going to jail.
239
00:09:10,760 --> 00:09:12,293
One of the reasons
you came to me
240
00:09:12,326 --> 00:09:14,093
was to spare some
of her suffering.
241
00:09:14,126 --> 00:09:16,393
I don't wanna be going to jail,
either, Jimmy.
242
00:09:16,426 --> 00:09:19,093
I won't betray you
in any way.
243
00:09:20,160 --> 00:09:21,393
Hey, Mr. Berluti.
244
00:09:21,760 --> 00:09:22,660
Hey, Joey.
245
00:09:23,926 --> 00:09:25,060
Still working on the will?
246
00:09:27,226 --> 00:09:28,093
And who's this?
247
00:09:28,126 --> 00:09:29,960
Oh, I'm Jamie Stringer.
248
00:09:29,993 --> 00:09:31,926
I--
She works with us.
249
00:09:36,826 --> 00:09:38,060
Why do I get the feeling
250
00:09:38,093 --> 00:09:40,293
that there's this big secret?
251
00:09:40,993 --> 00:09:42,593
There's no secret,
sweetheart.
252
00:09:42,626 --> 00:09:44,126
Grown-ups draft wills.
253
00:09:44,160 --> 00:09:46,160
It's just one
of the boring things
254
00:09:46,193 --> 00:09:47,226
they have to do.
255
00:09:48,726 --> 00:09:49,660
Okay.
256
00:09:54,460 --> 00:09:55,393
A month,
they're saying,
257
00:09:55,426 --> 00:09:56,326
before she can see him.
258
00:09:56,360 --> 00:09:57,726
I got to tell him tonight
259
00:09:57,760 --> 00:09:59,566
he won't see his mother
until Halloween.
260
00:09:59,600 --> 00:10:00,966
Bobby, it's prison rules.
261
00:10:01,000 --> 00:10:02,933
Look, I don't have
any jurisdiction
262
00:10:02,966 --> 00:10:04,700
or even influence
for that matter.
263
00:10:04,733 --> 00:10:06,566
There's got to be
a string you can pull.
264
00:10:06,600 --> 00:10:08,400
Well, I don't have it.
265
00:10:08,433 --> 00:10:10,800
Look, your best option
is to go to the court
266
00:10:10,833 --> 00:10:12,100
and ask that she be allowed
267
00:10:12,133 --> 00:10:12,933
to attend her appeal.
268
00:10:12,966 --> 00:10:14,866
We struck out there.
269
00:10:14,900 --> 00:10:16,000
Come on, Helen.
270
00:10:17,233 --> 00:10:18,133
I'll try.
271
00:10:21,000 --> 00:10:22,000
(sighs) Thanks.
272
00:10:24,233 --> 00:10:24,900
You know,
273
00:10:29,000 --> 00:10:30,900
you have a client,
274
00:10:30,933 --> 00:10:31,933
Bernice White,
275
00:10:31,966 --> 00:10:32,966
kidnapped a baby
276
00:10:33,000 --> 00:10:34,500
16 years ago.
277
00:10:35,166 --> 00:10:36,366
If she were to tell us
278
00:10:36,400 --> 00:10:38,500
what she did
with that baby,
279
00:10:39,766 --> 00:10:41,366
I think the office
could find a way
280
00:10:41,400 --> 00:10:43,166
to let Lindsay visit
with your son.
281
00:10:43,200 --> 00:10:45,000
Playing one case
off another--
282
00:10:45,033 --> 00:10:47,300
GAMBLE: I'm not playing
one case off of another.
283
00:10:47,333 --> 00:10:49,500
You're in here looking
for a special favor.
284
00:10:49,533 --> 00:10:51,933
It's going to be hard
for me to accomplish that
285
00:10:51,966 --> 00:10:53,866
considering the disfavor
your firm
286
00:10:53,900 --> 00:10:56,333
is held in here.
287
00:10:56,366 --> 00:10:58,266
All I'm saying is,
if you were to do something
288
00:10:58,300 --> 00:10:59,673
to cultivate
a little goodwill,
289
00:10:59,706 --> 00:11:01,206
it could help Lindsay.
290
00:11:01,240 --> 00:11:03,673
I am not going to discuss
291
00:11:03,706 --> 00:11:05,740
that other case.
292
00:11:05,773 --> 00:11:08,640
I'm only here
to discuss Lindsay,
293
00:11:08,673 --> 00:11:10,306
who in addition
to being my wife,
294
00:11:10,340 --> 00:11:12,706
is also one
of your best friends.
295
00:11:15,606 --> 00:11:18,140
Like I said,
I'll try.
296
00:11:25,340 --> 00:11:26,606
Why did you say
you did it?
297
00:11:26,640 --> 00:11:28,373
I don't know.
298
00:11:28,406 --> 00:11:30,273
I just wanted them
to leave me alone.
299
00:11:30,306 --> 00:11:32,506
I couldn't take it anymore,
and then they said
300
00:11:32,540 --> 00:11:33,773
that if I gave them
what they wanted,
301
00:11:33,806 --> 00:11:34,506
I'd go home.
302
00:11:34,540 --> 00:11:35,940
Let you go?
303
00:11:35,973 --> 00:11:37,506
WHITE: And then the woman,
she said they'd be lenient,
304
00:11:37,540 --> 00:11:39,440
and then the detective
came back in
305
00:11:39,473 --> 00:11:42,340
and he said
that if I confessed
306
00:11:42,373 --> 00:11:43,140
that he'd help me.
307
00:11:44,340 --> 00:11:46,240
And I was so--
I was so tired,
308
00:11:46,273 --> 00:11:47,273
I believed him.
309
00:11:47,306 --> 00:11:49,440
The police said
if you confessed,
310
00:11:49,473 --> 00:11:50,906
they'd release you?
311
00:11:52,406 --> 00:11:53,640
Yes.
312
00:11:55,273 --> 00:11:57,206
Shouldn't the first step
be a motion to recuse?
313
00:11:57,240 --> 00:11:58,373
No.
I really think--
314
00:11:58,406 --> 00:12:00,213
Can I have a second?
315
00:12:00,246 --> 00:12:00,980
(sighs)
316
00:12:01,013 --> 00:12:02,046
One minute.
317
00:12:06,113 --> 00:12:07,013
You lied to her.
318
00:12:07,046 --> 00:12:08,580
I'm allowed to do that.
319
00:12:08,613 --> 00:12:10,580
You're not allowed
to manufacture evidence, Helen.
320
00:12:10,613 --> 00:12:12,013
I didn't.
Who's this woman
321
00:12:12,046 --> 00:12:13,680
she supposedly
gave the baby to?
322
00:12:16,113 --> 00:12:17,146
I've already
marked up a motion
323
00:12:17,180 --> 00:12:18,380
to suppress the confession.
324
00:12:18,413 --> 00:12:20,146
Well, there's a stunner.
325
00:12:20,180 --> 00:12:21,513
You'd be?
I'm Jamie--
326
00:12:21,546 --> 00:12:22,913
She doesn't care.
GAMBLE: Listen, Jimmy,
327
00:12:22,946 --> 00:12:23,946
you wanna make a deal?
328
00:12:23,980 --> 00:12:25,580
Tell me where the girl is,
329
00:12:25,613 --> 00:12:27,280
otherwise, don't bother.
330
00:12:27,313 --> 00:12:29,413
You crossed a line, Helen.
331
00:12:29,446 --> 00:12:31,346
I'm going right into court.
GAMBLE: Fine,
332
00:12:31,380 --> 00:12:32,746
I'll see you there.
333
00:12:32,780 --> 00:12:33,480
Debbie.
334
00:12:33,780 --> 00:12:35,346
Jamie.
335
00:12:35,746 --> 00:12:38,346
Jimmy, technically,
you didn't disclose
336
00:12:38,380 --> 00:12:39,446
to Bernice White
that you represent
337
00:12:39,480 --> 00:12:40,280
Melissa Halpern.
338
00:12:40,313 --> 00:12:41,113
BERLUTI: I don't need to.
339
00:12:41,146 --> 00:12:42,413
You don't need to?
340
00:12:42,446 --> 00:12:43,813
It's Legal Ethics 101.
341
00:12:43,846 --> 00:12:45,013
The law is black and white.
342
00:12:45,046 --> 00:12:46,513
Jamie,
343
00:12:46,546 --> 00:12:49,246
practical lesson
number one,
344
00:12:49,280 --> 00:12:51,346
it's never black and white.
345
00:12:57,246 --> 00:12:59,113
Helen somehow got it done.
346
00:12:59,146 --> 00:13:00,020
So I can attend?
347
00:13:00,520 --> 00:13:01,353
You can be there.
348
00:13:01,386 --> 00:13:02,953
Great.
349
00:13:04,186 --> 00:13:06,053
So, how's your first day going?
350
00:13:07,753 --> 00:13:10,286
Seems everybody here
is a killer.
351
00:13:10,320 --> 00:13:11,686
I ran into two
former clients,
352
00:13:11,720 --> 00:13:12,786
so at least
I'm making friends.
353
00:13:12,820 --> 00:13:13,853
(chuckles softly)
354
00:13:17,720 --> 00:13:18,586
Did you read the brief?
355
00:13:18,620 --> 00:13:21,520
Yeah, I think it's great.
356
00:13:21,553 --> 00:13:23,153
Is Rebecca really
the one to argue?
357
00:13:23,186 --> 00:13:25,153
She's never even appeared
before the appeals court.
358
00:13:25,186 --> 00:13:26,420
This is the S. J. C.
359
00:13:26,453 --> 00:13:27,786
I wouldn't let her do it
360
00:13:27,820 --> 00:13:29,020
If I didn't believe in her.
361
00:13:31,320 --> 00:13:32,520
She's ready.
362
00:13:37,020 --> 00:13:39,053
(door opens)
363
00:13:39,086 --> 00:13:40,053
Hey.
364
00:13:40,086 --> 00:13:42,120
Hey.
365
00:13:42,153 --> 00:13:43,620
Ellenor and I were thinking
366
00:13:43,653 --> 00:13:45,320
let's do a moot
court tonight.
367
00:13:45,353 --> 00:13:46,520
We'll play the judges.
368
00:13:46,553 --> 00:13:48,186
That way,
you can practice on us,
369
00:13:48,220 --> 00:13:49,686
and we'll try
to pick you apart.
370
00:13:49,720 --> 00:13:51,020
Okay.
371
00:13:52,386 --> 00:13:53,053
(exhales sharply)
372
00:13:54,120 --> 00:13:56,220
This seemed like a good idea
when I asked for this.
373
00:13:56,253 --> 00:13:57,553
It was a good idea.
374
00:13:57,586 --> 00:13:59,153
It still is.
375
00:13:59,186 --> 00:14:00,493
The only thing
to keep in mind
376
00:14:00,526 --> 00:14:02,626
is the Supreme Judicial Court.
377
00:14:03,293 --> 00:14:04,793
Don't let your passion
get the best of you.
378
00:14:04,826 --> 00:14:07,393
The first thing they always
look for is deference.
379
00:14:07,426 --> 00:14:08,793
If they're mistaken,
380
00:14:08,826 --> 00:14:11,026
just tell them how justified
the mistake is.
381
00:14:11,060 --> 00:14:12,193
Then correct them.
382
00:14:13,426 --> 00:14:14,393
Okay.
383
00:14:16,393 --> 00:14:18,593
YOUNG: Hey,
you stepped up for this
384
00:14:18,626 --> 00:14:20,860
because you know
you're the lawyer
385
00:14:20,893 --> 00:14:21,793
for this job.
386
00:14:22,226 --> 00:14:23,226
Right.
387
00:14:26,126 --> 00:14:27,926
GAMBLE: I am allowed
to trick suspects.
388
00:14:27,960 --> 00:14:30,126
We have been through
this before, Your Honor.
389
00:14:30,160 --> 00:14:31,893
It goes beyond trickery,
Your Honor.
390
00:14:31,926 --> 00:14:34,960
They kept interrogating her
for six hours.
391
00:14:34,993 --> 00:14:36,726
Then, after
she's half-delirious
392
00:14:36,760 --> 00:14:38,226
with fatigue and fear,
393
00:14:38,260 --> 00:14:40,626
they feed her
this psychoamnesia crap
394
00:14:40,660 --> 00:14:42,793
about how she blocked
out the crime.
395
00:14:42,826 --> 00:14:44,726
Then they tell her
she can go home
396
00:14:44,760 --> 00:14:46,060
if she confesses.
397
00:14:46,093 --> 00:14:48,826
Then they tell her they've got
this phantom witness.
398
00:14:48,860 --> 00:14:50,193
They had her half-believing
399
00:14:50,226 --> 00:14:51,826
maybe she did commit
the crime
400
00:14:51,860 --> 00:14:53,360
she knows she didn't commit.
401
00:14:53,393 --> 00:14:55,393
This went beyond coercion.
402
00:14:55,426 --> 00:14:57,226
Trickery is constitutional.
403
00:14:57,260 --> 00:14:58,926
You shouldn't even
be arguing.
404
00:14:58,960 --> 00:15:00,766
You're a witness in what
happened in that room.
405
00:15:00,800 --> 00:15:02,200
Fine. Recuse me.
406
00:15:02,233 --> 00:15:04,233
We can bring in
somebody else.
407
00:15:04,266 --> 00:15:06,000
My client was also
represented
408
00:15:06,033 --> 00:15:06,933
by counsel, Your Honor.
409
00:15:06,966 --> 00:15:09,533
No, your client
repeatedly maintained
410
00:15:09,566 --> 00:15:10,766
you were not her lawyer.
411
00:15:10,800 --> 00:15:14,000
Your Honor, the reason
Bernice White was arrested
412
00:15:14,033 --> 00:15:15,833
was because
the police believed her
413
00:15:15,866 --> 00:15:16,733
to be my client.
414
00:15:16,766 --> 00:15:20,200
They, in fact,
arrested her in my office.
415
00:15:20,233 --> 00:15:21,833
So for the prosecution
to now claim
416
00:15:21,866 --> 00:15:24,233
Ms. White was not represented
by counsel
417
00:15:24,266 --> 00:15:26,200
is blatant bad faith.
KITTLESON: Wait a second.
418
00:15:26,233 --> 00:15:28,466
Did you represent her
or not?
419
00:15:28,833 --> 00:15:30,633
At that time, no.
420
00:15:30,666 --> 00:15:32,266
KITTLESON:
So the prosecution is right.
421
00:15:32,300 --> 00:15:33,500
She wasn't represented
422
00:15:33,533 --> 00:15:34,933
at the time
of the interrogation.
423
00:15:34,966 --> 00:15:36,633
They got the wrong one here!
424
00:15:36,666 --> 00:15:38,566
That's a jury question.
425
00:15:38,600 --> 00:15:41,100
If this goes to a jury
with a confession,
426
00:15:41,133 --> 00:15:41,766
she's gone.
427
00:15:41,800 --> 00:15:43,333
Juries think confessions
428
00:15:43,366 --> 00:15:44,800
are the truth,
and they're not.
429
00:15:44,833 --> 00:15:46,533
Was this interrogation
videotaped?
430
00:15:46,566 --> 00:15:47,533
Yes.
431
00:15:48,100 --> 00:15:49,400
I wanna see it.
432
00:15:49,433 --> 00:15:50,900
All of it, Ms. Gamble.
433
00:15:50,933 --> 00:15:51,966
I'll watch the tape.
434
00:15:52,000 --> 00:15:53,533
then I'll make my ruling.
435
00:15:53,566 --> 00:15:55,500
The defendant
stays in custody.
436
00:15:55,533 --> 00:15:56,433
We're adjourned.
437
00:15:56,466 --> 00:15:57,133
(gavel bangs)
438
00:15:57,166 --> 00:16:01,040
(music playing)
439
00:16:01,073 --> 00:16:03,140
I'll call you as soon
as I hear anything.
440
00:16:03,573 --> 00:16:04,373
Okay.
441
00:16:08,006 --> 00:16:09,606
GAMBLE: Look,
I'm still willing
442
00:16:09,640 --> 00:16:11,106
to play ball
if she tells us
443
00:16:11,140 --> 00:16:13,040
where the girl is.
444
00:16:13,073 --> 00:16:16,006
(music playing)
445
00:16:26,140 --> 00:16:27,806
REBECCA: And we maintain
the jury instructions
446
00:16:27,840 --> 00:16:28,840
were flawed.
447
00:16:28,873 --> 00:16:30,873
In so far as the judge
failed to advise
448
00:16:30,906 --> 00:16:33,473
that lethal force
may be justified,
449
00:16:33,506 --> 00:16:35,406
even against unarmed victims
450
00:16:35,440 --> 00:16:38,140
when the defendant believes
her life is in danger.
451
00:16:38,173 --> 00:16:40,073
Did you submit your own
jury instruction?
452
00:16:40,106 --> 00:16:40,873
Yes, Your Honor,
453
00:16:40,906 --> 00:16:41,873
we timely submitted
454
00:16:41,906 --> 00:16:43,240
our proposed jury instructions,
455
00:16:43,273 --> 00:16:44,840
which Judge West rejected.
456
00:16:44,873 --> 00:16:47,273
FRUTT: And what was
your proposal on lethal force?
457
00:16:47,306 --> 00:16:50,706
Referring the court to page...
458
00:16:50,740 --> 00:16:52,740
You have to have it
ready, Rebecca.
459
00:16:52,773 --> 00:16:54,473
You get 20 minutes, tops.
460
00:16:54,506 --> 00:16:56,473
YOUNG: You need to know
the transcripts and pleadings.
461
00:16:56,506 --> 00:16:58,040
I can't feed them to you.
462
00:16:58,073 --> 00:16:59,546
Okay.
463
00:17:00,613 --> 00:17:02,013
You're raising
a wheat violation?
464
00:17:02,046 --> 00:17:02,780
Yes, Your Honor.
465
00:17:02,813 --> 00:17:03,980
Your client waived that.
466
00:17:04,013 --> 00:17:05,480
REBECCA: That would be
assuming Ms. Dole
467
00:17:05,513 --> 00:17:07,080
had the capacity to waive it.
468
00:17:07,113 --> 00:17:08,580
Is there anything
in the record
469
00:17:08,613 --> 00:17:10,580
that goes to her
mental incapacity?
470
00:17:10,613 --> 00:17:12,313
Yes, Your Honor.
Referring the court to...
471
00:17:12,346 --> 00:17:14,180
You have to have it ready!
472
00:17:14,213 --> 00:17:14,880
Okay!
473
00:17:17,780 --> 00:17:19,546
You can't use that tone.
474
00:17:19,580 --> 00:17:20,846
I know.
475
00:17:23,713 --> 00:17:24,613
(sighs)
476
00:17:30,946 --> 00:17:32,113
Is Jimmy still here?
477
00:17:32,146 --> 00:17:33,280
No, actually.
478
00:17:34,580 --> 00:17:35,946
Melissa,
I thought we agreed
479
00:17:35,980 --> 00:17:36,880
it wasn't a good idea
480
00:17:36,913 --> 00:17:37,780
for you to come here.
481
00:17:37,813 --> 00:17:39,546
I just wanted
to know how things
482
00:17:39,580 --> 00:17:41,280
went today with the hearing.
483
00:17:41,313 --> 00:17:44,280
Oh. The judge took it
under advisement.
484
00:17:44,913 --> 00:17:46,646
And if the confession
is suppressed,
485
00:17:46,680 --> 00:17:48,646
Ms. White will be
let go, right?
486
00:17:48,680 --> 00:17:49,913
We hope so.
487
00:17:51,080 --> 00:17:51,880
(sighs)
488
00:17:53,580 --> 00:17:54,646
I called Jimmy at home.
489
00:17:54,680 --> 00:17:56,046
There was no answer.
490
00:17:56,080 --> 00:17:58,413
If he checks in,
would you have him call me?
491
00:17:58,446 --> 00:17:59,486
Sure.
492
00:17:59,520 --> 00:18:02,453
(music playing)
493
00:18:03,720 --> 00:18:04,886
Good night.
494
00:18:05,320 --> 00:18:06,220
Night.
495
00:18:21,128 --> 00:18:22,128
Sit.
496
00:18:22,161 --> 00:18:23,628
(door closes)
497
00:18:25,128 --> 00:18:26,561
(sighs)
498
00:18:28,261 --> 00:18:29,295
You ready?
499
00:18:29,328 --> 00:18:30,628
I am so ready.
500
00:18:30,661 --> 00:18:34,195
You really need to hammer
prosecutorial misconduct.
501
00:18:34,228 --> 00:18:35,228
I plan to.
502
00:18:35,261 --> 00:18:37,528
Even if we win here
and get a remand,
503
00:18:37,561 --> 00:18:39,328
it's not going to do
Lindsay much good.
504
00:18:40,195 --> 00:18:42,728
At retrial, we'll be stuck
with her former testimony,
505
00:18:42,761 --> 00:18:45,795
which means we can't really
argue self-defense.
506
00:18:45,828 --> 00:18:46,928
So what are you saying?
507
00:18:46,961 --> 00:18:48,828
I'm saying
we need to get
508
00:18:48,861 --> 00:18:51,195
a reversal with prejudice.
509
00:18:52,295 --> 00:18:53,795
Lindsay's best chance
at freedom
510
00:18:53,828 --> 00:18:54,995
is with the S. J. C.,
511
00:18:55,028 --> 00:18:56,261
not at a trial court,
512
00:18:56,295 --> 00:18:58,928
and the only way we get
a reversal with prejudice
513
00:18:58,961 --> 00:19:01,668
is prosecutorial misconduct.
514
00:19:02,035 --> 00:19:03,001
Okay.
515
00:19:05,101 --> 00:19:05,968
Anything else?
516
00:19:06,801 --> 00:19:08,568
Yes.
517
00:19:10,135 --> 00:19:11,401
I know you're nervous.
518
00:19:11,435 --> 00:19:14,335
It's quite natural
for you to be scared,
519
00:19:14,368 --> 00:19:15,635
intimidated,
520
00:19:15,668 --> 00:19:19,301
but what you need
to remember, Rebecca, is...
521
00:19:19,335 --> 00:19:21,301
there's a reason
why we picked you.
522
00:19:21,335 --> 00:19:23,801
Your advocacy skills,
523
00:19:23,835 --> 00:19:25,235
your command of the law,
524
00:19:25,268 --> 00:19:26,401
your passion.
525
00:19:27,468 --> 00:19:28,968
We all believe in you.
526
00:19:30,368 --> 00:19:32,101
Lindsay does.
527
00:19:32,135 --> 00:19:33,235
Most of all,
528
00:19:35,801 --> 00:19:36,835
I do.
529
00:19:39,235 --> 00:19:40,301
Thank you.
530
00:19:42,201 --> 00:19:43,835
Off we go.
531
00:19:43,868 --> 00:19:44,668
(sighs)
532
00:19:46,268 --> 00:19:47,301
(sighs)
533
00:19:47,335 --> 00:19:50,268
(music playing)
534
00:19:54,935 --> 00:19:56,368
MAN: All rise.
535
00:20:02,041 --> 00:20:03,308
MAN: Be seated.
536
00:20:07,375 --> 00:20:08,675
Stand up, Ms. Gamble.
537
00:20:11,341 --> 00:20:13,841
I watched that tape,
538
00:20:13,875 --> 00:20:15,308
and once again,
539
00:20:15,341 --> 00:20:17,175
I find myself disgusted
540
00:20:17,208 --> 00:20:18,608
by your tactics.
541
00:20:19,508 --> 00:20:20,975
Trickery and deceit
542
00:20:21,008 --> 00:20:23,408
may pass constitutional muster,
543
00:20:23,441 --> 00:20:25,475
but it gives you,
544
00:20:25,508 --> 00:20:27,308
this court,
545
00:20:27,341 --> 00:20:29,475
and the concept of honor
546
00:20:29,508 --> 00:20:31,441
a very black eye.
547
00:20:32,108 --> 00:20:34,641
I hear you complain
all the time
548
00:20:34,675 --> 00:20:36,908
about the erosion
of public trust,
549
00:20:36,941 --> 00:20:39,175
and yet,
your own behavior
550
00:20:39,208 --> 00:20:41,108
puts no value on it.
551
00:20:42,975 --> 00:20:44,941
Go stand in the corner.
552
00:20:45,941 --> 00:20:47,008
I beg your pardon?
553
00:20:47,041 --> 00:20:48,641
KITTLESON: You heard me.
554
00:20:48,675 --> 00:20:50,141
Go in that corner and stand.
555
00:20:52,208 --> 00:20:53,908
Face in.
556
00:20:55,508 --> 00:20:57,208
Your Honor,
with all due respect
557
00:20:57,241 --> 00:20:58,641
to your authority
in this room--
558
00:20:58,675 --> 00:21:00,348
You'll feel the extent
of that authority
559
00:21:00,381 --> 00:21:01,848
if you defy it, counsel.
560
00:21:01,881 --> 00:21:04,148
I'm not about--
March yourself
561
00:21:04,181 --> 00:21:05,381
into that corner now,
562
00:21:05,415 --> 00:21:07,348
or you go to a jail cell!
563
00:21:07,381 --> 00:21:10,315
(music playing)
564
00:21:21,681 --> 00:21:22,815
KITTLESON: Mr. Berluti,
565
00:21:22,848 --> 00:21:25,181
your client
was not represented
566
00:21:25,215 --> 00:21:26,415
by counsel at the time
567
00:21:26,448 --> 00:21:27,448
of this interrogation.
568
00:21:28,181 --> 00:21:30,681
She had no time asked
for a lawyer,
569
00:21:30,715 --> 00:21:32,948
and however deceived,
570
00:21:32,981 --> 00:21:34,748
tired,
and badgered
571
00:21:34,781 --> 00:21:35,681
she may have been,
572
00:21:35,715 --> 00:21:37,948
there is no indication
that her statement
573
00:21:37,981 --> 00:21:39,315
wasn't voluntary.
574
00:21:39,348 --> 00:21:40,648
The confession,
575
00:21:40,681 --> 00:21:44,081
however putridly obtained,
576
00:21:44,648 --> 00:21:46,048
therefore, stands.
577
00:21:47,248 --> 00:21:49,681
The defendant
will stay in custody.
578
00:21:49,715 --> 00:21:50,915
We're adjourned.
579
00:21:50,948 --> 00:21:51,648
(gavel bangs)
580
00:21:51,681 --> 00:21:53,681
(music playing)
581
00:22:16,855 --> 00:22:18,488
I represent the real kidnapper.
582
00:22:19,221 --> 00:22:20,255
This is ex parte.
583
00:22:20,288 --> 00:22:21,788
It isn't Bernice White!
584
00:22:21,821 --> 00:22:23,721
Get out of here!
BERLUTI: If she goes to trial
585
00:22:23,755 --> 00:22:25,188
with a confession,
she's gone--
586
00:22:25,221 --> 00:22:26,288
KITTLESON:
You are one sentence away
587
00:22:26,321 --> 00:22:28,488
from the jail cell
Helen Gamble almost got.
588
00:22:28,521 --> 00:22:30,788
This is ex parte,
589
00:22:30,821 --> 00:22:32,321
highly improper!
590
00:22:32,355 --> 00:22:33,255
I will disregard it
591
00:22:33,288 --> 00:22:35,421
in its entirety and ask
for your bar card
592
00:22:35,455 --> 00:22:37,188
if you utter another syllable!
593
00:22:39,321 --> 00:22:40,888
Convince your other client
594
00:22:40,921 --> 00:22:42,255
to turn herself in if you want,
595
00:22:42,288 --> 00:22:44,088
but don't you dare come to me.
596
00:22:50,088 --> 00:22:50,855
Jimmy...
597
00:22:52,255 --> 00:22:54,221
(sighs)
598
00:22:54,255 --> 00:22:55,221
Nothing.
599
00:22:55,255 --> 00:22:56,288
Go.
600
00:23:00,161 --> 00:23:01,095
What?
601
00:23:02,861 --> 00:23:04,961
I was about to say
602
00:23:06,595 --> 00:23:08,195
on a more personal note.
603
00:23:11,028 --> 00:23:12,161
How are you?
604
00:23:14,795 --> 00:23:15,728
Fine.
605
00:23:17,128 --> 00:23:18,061
How are you?
606
00:23:20,061 --> 00:23:21,361
I'm, um...
607
00:23:24,661 --> 00:23:25,595
okay.
608
00:23:28,795 --> 00:23:31,728
(music playing)
609
00:23:36,028 --> 00:23:38,695
(door closes)
610
00:23:38,728 --> 00:23:41,661
(music playing)
611
00:24:00,101 --> 00:24:01,935
WASHINGTON:
May it please the court,
612
00:24:01,968 --> 00:24:04,101
my name is Rebecca Washington,
613
00:24:04,135 --> 00:24:05,701
and I represent the appellant,
614
00:24:05,735 --> 00:24:06,801
Lindsay Dole,
615
00:24:06,835 --> 00:24:08,401
in the matter
of the Commonwealth
616
00:24:08,435 --> 00:24:09,835
vs. Dole.
617
00:24:09,868 --> 00:24:12,101
You are in receipt
of our appellate brief,
618
00:24:12,135 --> 00:24:13,601
and I would like
to address the court
619
00:24:13,635 --> 00:24:15,635
on several issues outlined
620
00:24:15,668 --> 00:24:16,968
in that document.
621
00:24:17,001 --> 00:24:18,501
First,
622
00:24:18,535 --> 00:24:20,068
during trial,
623
00:24:20,101 --> 00:24:21,935
The Commonwealth referred
to the fact
624
00:24:21,968 --> 00:24:24,101
that Ms. Dole initially chose
to speak
625
00:24:24,135 --> 00:24:25,635
with lawyers
instead of the police
626
00:24:25,668 --> 00:24:26,701
the night of the shooting.
627
00:24:27,401 --> 00:24:29,835
Ms. Dole, like any criminal
defendant,
628
00:24:29,868 --> 00:24:31,935
had the constitutional right
629
00:24:31,968 --> 00:24:33,768
not to speak to the police.
630
00:24:33,801 --> 00:24:35,535
A constitutional right
631
00:24:35,568 --> 00:24:37,501
to confer with attorneys,
632
00:24:37,535 --> 00:24:40,035
and it was reversible error
633
00:24:40,068 --> 00:24:42,801
for Mr. Walsh to use
the exercising
634
00:24:42,835 --> 00:24:44,068
of those rights
635
00:24:44,101 --> 00:24:45,501
as evidence against her.
636
00:24:45,535 --> 00:24:46,835
Was an objection made
637
00:24:46,868 --> 00:24:48,168
on those grounds at trial?
638
00:24:48,201 --> 00:24:49,401
Yes, Your Honor.
639
00:24:49,435 --> 00:24:50,668
Ms. Frutt objected.
640
00:24:50,701 --> 00:24:51,868
Actually, she objected
641
00:24:51,901 --> 00:24:54,168
that the question sought
privileged information,
642
00:24:54,201 --> 00:24:56,368
not that the question
was unconstitutional.
643
00:24:56,401 --> 00:24:57,601
WASHINGTON:
Even if the objection
644
00:24:57,635 --> 00:24:58,968
was legally flawed,
645
00:24:59,001 --> 00:25:00,641
Mr. Walsh went further.
646
00:25:00,675 --> 00:25:03,008
He argued
that Ms. Dole's decision
647
00:25:03,041 --> 00:25:04,908
to speak with her lawyers was,
648
00:25:04,941 --> 00:25:06,808
and I quote,
649
00:25:06,841 --> 00:25:09,008
"Consistent with the behavior
650
00:25:09,041 --> 00:25:10,608
of guilty people."
651
00:25:10,641 --> 00:25:12,475
Ms. Frutt didn't object to that.
652
00:25:12,508 --> 00:25:14,775
We maintained Judge West,
653
00:25:14,808 --> 00:25:16,175
nevertheless,
should've struck
654
00:25:16,208 --> 00:25:17,941
the statement sua sponte.
655
00:25:17,975 --> 00:25:18,775
Moreover,
656
00:25:18,808 --> 00:25:20,508
Mr. Walsh made other errors.
657
00:25:20,541 --> 00:25:22,108
He argued that the shooting
658
00:25:22,141 --> 00:25:23,641
was part of a pattern,
659
00:25:23,675 --> 00:25:24,808
that my client
660
00:25:24,841 --> 00:25:26,975
and her husband
were in the habit
661
00:25:27,008 --> 00:25:29,108
of killing clients.
662
00:25:29,141 --> 00:25:32,408
Can't the prosecution use
character evidence
663
00:25:32,441 --> 00:25:34,175
to impeach a defense witness?
664
00:25:34,208 --> 00:25:35,641
Not if that evidence
665
00:25:35,675 --> 00:25:37,475
is overly prejudicial,
666
00:25:37,508 --> 00:25:38,841
and such character evidence,
667
00:25:38,875 --> 00:25:40,275
prejudicial or not,
668
00:25:40,308 --> 00:25:41,208
is inadmissible
669
00:25:41,241 --> 00:25:42,341
without prior notice.
670
00:25:42,375 --> 00:25:43,641
We never got that notice.
671
00:25:43,675 --> 00:25:45,375
And where's your objection
to that?
672
00:25:45,408 --> 00:25:46,908
WASHINGTON: If you refer
to the transcript,
673
00:25:46,941 --> 00:25:49,375
you'll see Ms. Frutt made
a timely objection
674
00:25:49,408 --> 00:25:51,041
once Mr. Walsh introduced
675
00:25:51,075 --> 00:25:53,041
the evidence concerning
Mr. Hinks.
676
00:25:53,075 --> 00:25:54,608
I see an objection going
to prejudice.
677
00:25:54,641 --> 00:25:56,041
I see nothing going to notice.
678
00:25:56,075 --> 00:25:57,741
It was a general objection,
679
00:25:57,775 --> 00:25:59,541
which under Massachusetts law--
JUDGE: You agree
680
00:25:59,575 --> 00:26:01,415
there was sufficient evidence
681
00:26:01,448 --> 00:26:03,015
to convict your client?
682
00:26:03,048 --> 00:26:04,215
WASHINGTON: We agree
the evidence
683
00:26:04,248 --> 00:26:06,281
might have supported
manslaughter,
684
00:26:06,315 --> 00:26:08,281
but not--
You don't deny she shot him?
685
00:26:08,315 --> 00:26:09,848
No, we do not.
686
00:26:09,881 --> 00:26:11,648
You just disagree
with the verdict?
687
00:26:11,681 --> 00:26:15,181
We maintain the trial
was unfair,
688
00:26:15,215 --> 00:26:16,881
that the prosecutor committed
689
00:26:16,915 --> 00:26:18,715
multiple reversible errors.
690
00:26:18,748 --> 00:26:21,081
JUDGE: Oh, did you ever move
for a mistrial?
691
00:26:21,115 --> 00:26:22,081
No,
692
00:26:22,115 --> 00:26:23,581
but under Massachusetts
693
00:26:23,615 --> 00:26:25,148
general law--
JUDGE: So basically,
694
00:26:25,181 --> 00:26:26,515
you took your shot,
and you're here
695
00:26:26,548 --> 00:26:28,381
because you don't like
the result?
696
00:26:29,915 --> 00:26:31,981
I'm here because
of something called
697
00:26:32,015 --> 00:26:33,915
the Fifth Amendment.
698
00:26:33,948 --> 00:26:36,048
I'm here because
of something called
699
00:26:36,081 --> 00:26:37,715
the Sixth Amendment.
700
00:26:37,748 --> 00:26:40,081
Basic Constitutional Rights
701
00:26:40,115 --> 00:26:41,448
belonging to Lindsay Dole
702
00:26:41,481 --> 00:26:42,881
that the prosecutor
703
00:26:42,915 --> 00:26:44,515
blatantly trampled.
704
00:26:44,548 --> 00:26:45,848
We're not talking
705
00:26:45,881 --> 00:26:47,481
about subtle shades of gray
706
00:26:47,515 --> 00:26:49,281
where a civil liberty or two
707
00:26:49,315 --> 00:26:51,215
was encroached upon.
708
00:26:51,248 --> 00:26:52,481
He plowed over them
709
00:26:52,515 --> 00:26:54,915
with a tank.
710
00:26:54,948 --> 00:26:57,448
Mr. Walsh showed contempt
711
00:26:57,481 --> 00:26:58,648
for the constitution.
712
00:26:59,215 --> 00:27:00,388
He had no regard
713
00:27:00,421 --> 00:27:02,488
for fundamental civil liberties,
714
00:27:02,521 --> 00:27:03,755
and I'm here today
715
00:27:03,788 --> 00:27:04,788
under the assumption
716
00:27:04,821 --> 00:27:06,121
that the seven of you do.
717
00:27:06,155 --> 00:27:07,655
Lectures...
718
00:27:07,688 --> 00:27:09,455
aren't generally effective.
719
00:27:11,121 --> 00:27:12,155
And I wouldn't presume
720
00:27:12,188 --> 00:27:13,988
to lecture you,
721
00:27:14,021 --> 00:27:15,688
but I will use part of my time
722
00:27:15,721 --> 00:27:18,221
to enter indignation
into the record
723
00:27:18,255 --> 00:27:19,688
because I think a lack of it
724
00:27:19,721 --> 00:27:21,421
is part of the problem.
725
00:27:21,821 --> 00:27:23,155
Police lie today.
726
00:27:23,188 --> 00:27:24,888
So do prosecutors,
727
00:27:24,921 --> 00:27:27,188
and it doesn't so much as raise
a judicial eyebrow
728
00:27:27,221 --> 00:27:29,688
because it goes on all the time.
729
00:27:29,721 --> 00:27:31,255
Everybody's jaded.
730
00:27:31,288 --> 00:27:33,455
It doesn't shock
anybody's conscience,
731
00:27:33,488 --> 00:27:34,788
and I'm here saying
732
00:27:34,821 --> 00:27:36,155
it should shock yours.
733
00:27:36,188 --> 00:27:39,188
This man wanted
his verdict.
734
00:27:39,221 --> 00:27:41,288
He said, "Forget the Bill
of Rights."
735
00:27:41,321 --> 00:27:42,788
And he's hoping
736
00:27:42,821 --> 00:27:45,521
you cop the same attitude.
737
00:27:45,555 --> 00:27:48,388
I am here hoping otherwise.
738
00:27:50,421 --> 00:27:53,355
(music playing)
739
00:28:01,428 --> 00:28:03,761
STRINGER: It's not my place
to second-guess you.
740
00:28:03,795 --> 00:28:05,028
Then why are you about to?
741
00:28:05,061 --> 00:28:07,595
Because you have violated
so many ethical rules.
742
00:28:07,628 --> 00:28:08,761
The conflict of interests.
743
00:28:08,795 --> 00:28:10,661
You charge in to see
a judge ex parte.
744
00:28:10,695 --> 00:28:13,728
Lucy tells me you even used
to sleep with this judge.
745
00:28:13,761 --> 00:28:17,028
I never said for her
to tell you I told her that.
746
00:28:18,528 --> 00:28:20,228
You forget we have
squeal laws.
747
00:28:20,261 --> 00:28:22,428
Technically,
I'm obligated to report
748
00:28:22,461 --> 00:28:23,895
to the bar all of this.
749
00:28:23,928 --> 00:28:25,061
Then why don't you do that?
750
00:28:25,095 --> 00:28:26,828
I'm not looking to do that.
751
00:28:26,861 --> 00:28:28,128
Then what do you want, Jamie?
752
00:28:28,161 --> 00:28:29,995
Why are you being
so mean to me?
753
00:28:30,028 --> 00:28:32,961
(music playing)
754
00:28:37,195 --> 00:28:38,628
Look,
755
00:28:38,661 --> 00:28:40,528
I made a mistake
756
00:28:40,561 --> 00:28:44,495
that resulted
in a person being arrested
757
00:28:44,528 --> 00:28:46,128
for a crime she didn't commit.
758
00:28:48,828 --> 00:28:49,995
The likelihood is,
759
00:28:50,028 --> 00:28:52,095
I can't undo that mistake.
760
00:28:52,128 --> 00:28:53,495
She's going to prison.
761
00:28:55,161 --> 00:28:57,361
I don't mean to be acting out
against you,
762
00:28:58,695 --> 00:29:00,568
but--
763
00:29:00,601 --> 00:29:02,535
well, you're there.
764
00:29:05,868 --> 00:29:07,301
I'm sorry.
765
00:29:07,335 --> 00:29:10,301
(music playing)
766
00:29:15,368 --> 00:29:17,735
Trials need to be fair,
767
00:29:17,768 --> 00:29:18,668
not perfect.
768
00:29:18,701 --> 00:29:21,135
Even if some of my questions
went too far
769
00:29:21,168 --> 00:29:23,801
and I make no such concession,
770
00:29:25,135 --> 00:29:26,335
it was harmless error.
771
00:29:26,368 --> 00:29:27,868
Oh, come on, Mr. Walsh.
772
00:29:27,901 --> 00:29:29,135
You raise another murder
773
00:29:29,168 --> 00:29:30,468
and link the defendant to it?
774
00:29:30,501 --> 00:29:32,401
WALSH: As Your Honor
correctly noted,
775
00:29:32,435 --> 00:29:35,435
we linked Bobby Donnell to it,
a witness.
776
00:29:35,468 --> 00:29:38,068
We have every right to impeach.
Well, you called it a pattern,
777
00:29:38,101 --> 00:29:40,035
and you also linked it
to Lindsay Dole.
778
00:29:40,068 --> 00:29:42,201
The jury was instructed
that the lawyers' questions
779
00:29:42,235 --> 00:29:43,535
and arguments are not evidence.
780
00:29:43,568 --> 00:29:44,568
Still, it's a little hard
781
00:29:44,601 --> 00:29:46,068
to un-ring a bell, isn't it?
782
00:29:46,101 --> 00:29:48,235
Moreover, Ms. Frutt didn't ask
783
00:29:48,268 --> 00:29:49,801
for any curative instructions.
784
00:29:49,835 --> 00:29:51,668
She didn't move for a mistrial.
785
00:29:51,701 --> 00:29:52,868
They're raising things here
786
00:29:52,901 --> 00:29:54,468
they effectively waived.
787
00:29:54,501 --> 00:29:55,701
What about your introducing
788
00:29:55,735 --> 00:29:57,468
your own personal beliefs?
789
00:29:57,501 --> 00:29:59,068
In your opening,
you said
790
00:29:59,101 --> 00:30:01,175
you wouldn't have shot the man.
791
00:30:01,208 --> 00:30:02,575
If that was improper--
792
00:30:02,608 --> 00:30:03,641
It was.
793
00:30:04,975 --> 00:30:07,508
Then I would again ask
where's the harm?
794
00:30:07,541 --> 00:30:08,675
I think we can assume
795
00:30:08,708 --> 00:30:10,041
that the jury assumed going in
796
00:30:10,075 --> 00:30:11,175
I wouldn't have shot the man.
797
00:30:11,208 --> 00:30:13,908
My saying it hardly made
much noise.
798
00:30:13,941 --> 00:30:16,308
You think you took
the high road here, Mr. Walsh?
799
00:30:17,008 --> 00:30:17,675
The high road?
800
00:30:17,708 --> 00:30:18,741
Yes.
801
00:30:20,175 --> 00:30:21,841
My answer to that would be,
802
00:30:21,875 --> 00:30:25,275
murder trials are typically
low roads.
803
00:30:25,308 --> 00:30:27,041
They get ugly,
804
00:30:27,075 --> 00:30:28,308
often personal.
805
00:30:28,908 --> 00:30:29,908
Not that the doctrine
806
00:30:29,941 --> 00:30:31,575
of unclean hands is applicable,
807
00:30:31,608 --> 00:30:32,941
but let's look at some
808
00:30:32,975 --> 00:30:34,641
of the defense
counsel's tactics.
809
00:30:34,675 --> 00:30:36,308
Those aren't in issue here.
810
00:30:36,341 --> 00:30:38,308
They are as a context to mine,
811
00:30:38,341 --> 00:30:39,908
and--
JUDGE: It would be a mistake
812
00:30:39,941 --> 00:30:42,508
to focus on defense conduct.
813
00:30:44,541 --> 00:30:45,875
My actions...
814
00:30:45,908 --> 00:30:47,408
did not cause Lindsay Dole
815
00:30:47,441 --> 00:30:49,641
to be convicted of murder.
816
00:30:49,675 --> 00:30:52,108
Her actions lead to that result.
817
00:30:52,508 --> 00:30:54,408
She received a fair trial.
818
00:30:54,441 --> 00:30:56,475
She had an army of attorneys.
819
00:30:56,508 --> 00:30:58,308
She got a better defense
820
00:30:58,341 --> 00:31:00,081
than most defendants.
821
00:31:00,115 --> 00:31:02,281
The jury heard all the evidence,
822
00:31:02,315 --> 00:31:03,815
they were properly instructed,
823
00:31:03,848 --> 00:31:06,781
and they made
their unanimous finding.
824
00:31:07,748 --> 00:31:10,515
Ms. Dole lost,
825
00:31:10,548 --> 00:31:11,815
and this court
826
00:31:11,848 --> 00:31:14,448
cannot disregard a verdict
827
00:31:14,481 --> 00:31:17,181
merely because
it disagrees with it.
828
00:31:17,215 --> 00:31:20,315
(music playing)
829
00:31:20,915 --> 00:31:22,548
BERLUTI: They'll assign
a trial date.
830
00:31:22,581 --> 00:31:23,781
We go from there.
831
00:31:23,815 --> 00:31:25,648
Jamie will keep you updated
832
00:31:25,681 --> 00:31:27,648
on all the pretrial
developments.
833
00:31:27,681 --> 00:31:29,515
You can call her or me anytime.
834
00:31:29,548 --> 00:31:30,681
Okay.
835
00:31:30,715 --> 00:31:32,581
We're not going to give up.
836
00:31:32,615 --> 00:31:33,448
I promise you that.
837
00:31:39,181 --> 00:31:40,615
Why are you being so kind?
838
00:31:41,581 --> 00:31:43,615
Because I know you're innocent.
839
00:31:43,648 --> 00:31:45,581
And because you feel
responsible?
840
00:31:47,381 --> 00:31:49,948
I know the real kidnapper
is your client.
841
00:31:49,981 --> 00:31:52,148
I read the newspapers.
842
00:31:52,648 --> 00:31:53,481
Like you said,
843
00:31:53,515 --> 00:31:55,048
it's why I was arrested.
844
00:31:57,348 --> 00:31:59,755
Why can't you just tell
the police who she is?
845
00:32:00,421 --> 00:32:02,121
Because I can't.
846
00:32:02,155 --> 00:32:03,521
I'll do almost anything else,
847
00:32:03,555 --> 00:32:04,788
but I can't do that.
848
00:32:04,821 --> 00:32:05,788
Yes, you can.
849
00:32:05,821 --> 00:32:07,055
You mean you won't.
850
00:32:09,688 --> 00:32:11,088
I won't.
851
00:32:12,688 --> 00:32:15,221
I'm gonna be convicted.
852
00:32:15,255 --> 00:32:16,321
We all know it.
853
00:32:17,255 --> 00:32:18,655
And you won't tell.
854
00:32:21,288 --> 00:32:23,721
That must be very hard
to live with.
855
00:32:26,188 --> 00:32:27,655
Is it?
856
00:32:36,818 --> 00:32:38,051
Has anybody seen Jamie?
857
00:32:38,085 --> 00:32:40,285
HATCHER: She said something
about an appointment.
858
00:32:40,318 --> 00:32:42,218
Please let her know
she's expected
859
00:32:42,251 --> 00:32:43,685
to check in with us.
860
00:32:44,951 --> 00:32:46,385
Ellenor,
861
00:32:46,418 --> 00:32:48,218
can I see you a second
in my office?
862
00:33:02,158 --> 00:33:04,391
You know that I know
863
00:33:04,425 --> 00:33:07,691
you tried an excellent case.
864
00:33:07,725 --> 00:33:08,958
But judging from the questions
865
00:33:08,991 --> 00:33:10,725
the Supreme Court put to Bec,
866
00:33:10,758 --> 00:33:13,591
we think they think
867
00:33:13,625 --> 00:33:14,791
there was inadequate counsel.
868
00:33:16,325 --> 00:33:17,958
They were group mistakes.
869
00:33:17,991 --> 00:33:20,025
No, they were mine.
870
00:33:20,058 --> 00:33:21,791
They were trial blunders.
871
00:33:21,825 --> 00:33:23,025
The decisions were--
FRUTT: Bobby,
872
00:33:23,058 --> 00:33:24,258
I was at the S. J. C.
873
00:33:24,291 --> 00:33:26,825
I heard the questions.
874
00:33:26,858 --> 00:33:28,425
They were trial mistakes.
875
00:33:28,458 --> 00:33:30,058
(sighs)
876
00:33:30,091 --> 00:33:31,858
YOUNG: We're going to start
preparing an appeal
877
00:33:31,891 --> 00:33:34,525
on ineffective assistance.
878
00:33:34,558 --> 00:33:36,058
It might be too late, but...
879
00:33:36,091 --> 00:33:38,925
We feel we need
to try everything.
880
00:33:38,958 --> 00:33:41,391
I don't disagree
with your decision, Bobby.
881
00:33:42,491 --> 00:33:43,591
Anything else?
882
00:33:46,858 --> 00:33:47,791
No.
883
00:33:54,958 --> 00:33:56,158
(door closes)
884
00:34:07,531 --> 00:34:09,465
(door bell rings)
885
00:34:12,898 --> 00:34:15,598
STRINGER: Ms. Halpern,
May I speak to you?
886
00:34:15,631 --> 00:34:17,231
I won't take very long.
887
00:34:25,565 --> 00:34:26,765
First off,
888
00:34:26,798 --> 00:34:28,598
let me assure you I am not here
889
00:34:28,631 --> 00:34:30,298
at the request of Mr. Berluti.
890
00:34:31,798 --> 00:34:33,298
He'll probably want me fired
891
00:34:33,331 --> 00:34:34,298
when he finds out.
892
00:34:34,331 --> 00:34:36,231
Then why are you here?
893
00:34:37,131 --> 00:34:39,198
Well,
894
00:34:39,231 --> 00:34:42,231
I've been pretty much
an observer on this case,
895
00:34:42,265 --> 00:34:44,465
but from my observations,
896
00:34:46,865 --> 00:34:48,731
I think it's only a matter
of time.
897
00:34:49,431 --> 00:34:52,398
Ms. Stringer, if they haven't
found me after 16 years,
898
00:34:52,431 --> 00:34:53,665
I hardly think--
STRINGER: I don't mean
899
00:34:53,698 --> 00:34:54,431
the police.
900
00:34:54,465 --> 00:34:56,265
I mean you.
901
00:34:57,465 --> 00:34:58,431
I think you're inching
902
00:34:58,465 --> 00:34:59,705
towards turning yourself in,
903
00:35:01,771 --> 00:35:03,738
whether it's showing up in court
904
00:35:03,771 --> 00:35:04,638
or coming to our office
905
00:35:04,671 --> 00:35:06,671
even when we tell you not to.
906
00:35:06,705 --> 00:35:08,171
Even by seeking out the victims
907
00:35:08,205 --> 00:35:09,271
to give them money,
908
00:35:09,305 --> 00:35:10,505
you were putting something
909
00:35:10,538 --> 00:35:12,938
in motion.
I can't live in jail.
910
00:35:13,938 --> 00:35:15,738
Obviously you're having
difficulty
911
00:35:15,771 --> 00:35:17,438
with the way things are now,
912
00:35:18,371 --> 00:35:20,105
and when Bernice White
starts serving
913
00:35:20,138 --> 00:35:23,438
a 25-year-to-life term,
914
00:35:23,471 --> 00:35:25,671
you will never live with that.
915
00:35:25,705 --> 00:35:28,171
(music playing)
916
00:35:33,871 --> 00:35:35,538
I'm not trying to talk you
917
00:35:35,571 --> 00:35:36,838
into anything.
918
00:35:37,471 --> 00:35:39,905
I'm only encouraging you
to hurry
919
00:35:39,938 --> 00:35:42,605
to the place you're already
headed for,
920
00:35:43,238 --> 00:35:45,138
for Bernice White's sake
921
00:35:45,171 --> 00:35:47,138
and...
922
00:35:47,171 --> 00:35:48,805
I guess, your own.
923
00:35:51,338 --> 00:35:52,605
(door opens)
924
00:35:54,305 --> 00:35:55,738
Hey.
925
00:35:55,771 --> 00:35:56,738
Hi.
926
00:35:56,771 --> 00:35:58,338
What are you doing here?
927
00:36:00,878 --> 00:36:02,978
Oh, I just needed
to get some signatures.
928
00:36:03,011 --> 00:36:04,845
Signatures on what?
929
00:36:11,078 --> 00:36:12,811
Actually,
930
00:36:12,845 --> 00:36:14,645
we were discussing a crime
931
00:36:16,445 --> 00:36:18,745
I committed 16 years ago.
932
00:36:24,578 --> 00:36:26,178
It's a two-prong test.
933
00:36:26,211 --> 00:36:28,345
First, we have to prove
that our representation
934
00:36:28,378 --> 00:36:30,611
was measurably below that
of an ordinary lawyer.
935
00:36:30,645 --> 00:36:32,678
YOUNG: What's measurably?
WASHINGTON: It's like
936
00:36:32,711 --> 00:36:34,111
the definition on obscenity.
937
00:36:34,145 --> 00:36:35,178
They know it when they see it.
938
00:36:35,211 --> 00:36:36,411
And the second prong?
939
00:36:36,445 --> 00:36:38,911
But for our incompetence,
940
00:36:38,945 --> 00:36:40,178
Lindsay would've been acquitted.
941
00:36:40,211 --> 00:36:42,445
Oh, that's gonna be tough
to prove.
942
00:36:43,478 --> 00:36:45,611
Bobby, clerk's office, S. J. C.
943
00:36:45,645 --> 00:36:48,745
(music playing)
944
00:36:56,678 --> 00:36:57,778
Hello. This is Bobby Donnell.
945
00:36:57,811 --> 00:36:59,278
Why didn't they call me?
946
00:36:59,311 --> 00:37:00,651
Shh!
Shh yourself.
947
00:37:01,051 --> 00:37:02,051
Yes.
948
00:37:04,051 --> 00:37:04,984
Uh-huh.
949
00:37:11,751 --> 00:37:12,684
Thank you.
950
00:37:18,518 --> 00:37:21,185
Based on Fifth and Sixth
Amendment violations,
951
00:37:24,618 --> 00:37:26,685
Lindsay's conviction
has been...
952
00:37:28,018 --> 00:37:28,951
reversed.
953
00:37:33,318 --> 00:37:35,785
They've ordered a new trial.
954
00:37:39,918 --> 00:37:40,918
Thank you.
955
00:37:41,818 --> 00:37:43,085
It wasn't everything we wanted.
956
00:37:43,118 --> 00:37:45,018
But it's a chance.
957
00:37:48,085 --> 00:37:49,018
Thank you.
958
00:37:51,018 --> 00:37:53,951
(music playing)
959
00:37:57,751 --> 00:37:59,691
(door closes)
960
00:38:01,991 --> 00:38:02,891
Congratulations.
961
00:38:09,225 --> 00:38:10,125
I don't give a damn.
962
00:38:10,158 --> 00:38:11,425
That isn't true.
963
00:38:11,458 --> 00:38:14,858
WALSH: Hey, it gives me a chance
to beat them twice.
964
00:38:14,891 --> 00:38:16,991
Truth be told, I hate
that firm so much,
965
00:38:17,025 --> 00:38:20,025
just the opportunity
to stick it to 'em twice,
966
00:38:20,058 --> 00:38:22,791
suddenly, there's something
to get juiced for.
967
00:38:22,825 --> 00:38:24,325
They'll never win a retrial.
968
00:38:24,358 --> 00:38:25,925
You watch, they'll come crawling
969
00:38:25,958 --> 00:38:27,091
looking to plead.
970
00:38:27,125 --> 00:38:28,458
Forget it.
971
00:38:28,491 --> 00:38:30,191
She's never getting out
of prison.
972
00:38:30,225 --> 00:38:30,858
Never.
973
00:38:30,891 --> 00:38:32,858
You sound a little rabid.
974
00:38:33,758 --> 00:38:35,825
I know you like
those people, Helen.
975
00:38:35,858 --> 00:38:37,858
I don't.
976
00:38:37,891 --> 00:38:39,525
They're the pricks in my side.
977
00:38:39,558 --> 00:38:41,425
I think you mean thorns.
978
00:38:41,458 --> 00:38:43,158
(knock on door)
979
00:38:43,458 --> 00:38:46,325
(indistinct chatter)
980
00:38:46,358 --> 00:38:47,291
Helen,
981
00:38:49,158 --> 00:38:51,058
we went to your office.
982
00:38:51,091 --> 00:38:52,258
They said you were here.
983
00:38:54,891 --> 00:38:57,191
This is Melissa Halpern.
984
00:38:57,225 --> 00:38:59,565
She's the person who kidnapped
985
00:38:59,598 --> 00:39:02,831
Sally Burns' baby 16-years ago.
986
00:39:02,865 --> 00:39:05,798
(music playing)
987
00:39:29,698 --> 00:39:31,365
It's over.
988
00:39:31,398 --> 00:39:32,165
You're free.
989
00:39:33,598 --> 00:39:35,998
The real kidnapper came forward.
990
00:39:36,031 --> 00:39:37,931
It'll be in the papers tomorrow.
991
00:39:41,331 --> 00:39:42,265
Thank you.
992
00:39:44,731 --> 00:39:46,965
I didn't mean to usurp anybody.
993
00:39:46,998 --> 00:39:47,665
(file-cabinet drawer slams)
994
00:39:48,398 --> 00:39:49,698
You're an associate.
995
00:39:49,731 --> 00:39:51,665
You take the assignments
we give you.
996
00:39:51,698 --> 00:39:53,131
You do not get creative.
997
00:39:53,165 --> 00:39:55,131
You do not go to clients
behind our backs.
998
00:39:55,165 --> 00:39:56,598
I knew it was something Jimmy--
999
00:39:56,631 --> 00:39:57,598
You don't make excuses
1000
00:39:57,631 --> 00:39:58,698
when you know what you did
was wrong.
1001
00:39:58,731 --> 00:39:59,738
I'm sorry!
1002
00:40:02,705 --> 00:40:05,638
Oh, is it that not the approved
associate tone?
1003
00:40:06,705 --> 00:40:08,538
This isn't going to work
if that's the attitude
1004
00:40:08,571 --> 00:40:09,538
you're coming in with.
1005
00:40:11,505 --> 00:40:12,838
I knew that what I was doing
1006
00:40:12,871 --> 00:40:16,038
was unconventional and risky.
1007
00:40:17,571 --> 00:40:20,505
But I saw something
in this woman,
1008
00:40:20,538 --> 00:40:22,371
and I really thought
I could help.
1009
00:40:24,438 --> 00:40:26,105
Next time,
1010
00:40:26,138 --> 00:40:27,538
you check with us first.
1011
00:40:28,038 --> 00:40:29,038
Okay.
1012
00:40:32,371 --> 00:40:33,771
DONNELL: Square one, forensics,
1013
00:40:33,805 --> 00:40:35,338
psychiatrists, ballistics.
1014
00:40:35,371 --> 00:40:36,871
We go through it
like it's the first time.
1015
00:40:36,905 --> 00:40:38,038
What are you expecting to find?
1016
00:40:38,071 --> 00:40:39,438
Something.
1017
00:40:39,471 --> 00:40:41,338
We have to have something new
1018
00:40:41,371 --> 00:40:42,138
for the second trial.
1019
00:40:42,171 --> 00:40:43,205
Who's trying it?
1020
00:40:43,238 --> 00:40:45,271
Either outside counsel
or Eugene.
1021
00:40:45,305 --> 00:40:46,371
I haven't decided yet.
1022
00:40:48,205 --> 00:40:49,205
Are we switching theories?
1023
00:40:49,238 --> 00:40:50,338
I don't know.
1024
00:40:50,371 --> 00:40:51,605
We can't go self-defense
1025
00:40:51,638 --> 00:40:53,238
since the prior testimony
comes in.
1026
00:40:53,271 --> 00:40:54,838
What else is there?
YOUNG: It's got to be
1027
00:40:54,871 --> 00:40:56,438
straight insanity.
There's nothing else.
1028
00:40:56,471 --> 00:40:57,738
What about the phone call
1029
00:40:57,771 --> 00:40:58,871
when she sounded so calm?
1030
00:40:58,905 --> 00:41:00,078
Post-traumatic shock.
1031
00:41:02,278 --> 00:41:03,644
Nobody's saying
it's gonna be easy,
1032
00:41:03,678 --> 00:41:05,144
but insanity is all we got.
1033
00:41:05,178 --> 00:41:07,378
We have to pore through
the transcripts,
1034
00:41:07,411 --> 00:41:08,678
every word.
1035
00:41:08,711 --> 00:41:11,311
Somewhere there has to be
something we can use.
1036
00:41:11,344 --> 00:41:12,544
We've got our new trial.
1037
00:41:12,578 --> 00:41:14,544
Now we have to win it.
1038
00:41:18,244 --> 00:41:19,744
Bobby, I know you don't
wanna hear this,
1039
00:41:19,778 --> 00:41:21,178
but we need to consider a plea.
1040
00:41:21,211 --> 00:41:23,011
No!
YOUNG: We won't win this trial.
1041
00:41:23,044 --> 00:41:24,211
With her prior testimony,
1042
00:41:24,244 --> 00:41:25,311
they have a stronger case.
1043
00:41:25,344 --> 00:41:26,578
We're not pleading, Eugene.
1044
00:41:26,611 --> 00:41:27,378
End of discussion.
1045
00:41:29,244 --> 00:41:30,878
The assignment for everybody
1046
00:41:30,911 --> 00:41:33,978
is to figure out a way to win.
1047
00:41:35,844 --> 00:41:38,278
Straight not guilty.
1048
00:41:38,311 --> 00:41:41,244
(music playing)
1049
00:42:01,618 --> 00:42:03,551
(door opens)
1050
00:42:11,351 --> 00:42:12,284
Sally?
1051
00:42:14,451 --> 00:42:15,384
This is Joey.
1052
00:42:18,584 --> 00:42:20,118
Joey,
1053
00:42:20,151 --> 00:42:21,084
Sally.
1054
00:42:32,251 --> 00:42:33,218
Hello.
1055
00:42:36,151 --> 00:42:37,084
Hi.
1056
00:42:55,384 --> 00:42:58,318
(music playing)
1057
00:43:19,824 --> 00:43:20,924
WOMAN: You stinker!
1058
00:43:22,891 --> 00:43:25,658
(music playing)
69731
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