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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,568 --> 00:00:04,370 NYLER: That's my son there, Marshall. 2 00:00:04,404 --> 00:00:06,006 He looks like a great kid. 3 00:00:06,673 --> 00:00:07,841 NYLER: Yeah, well, I wouldn't know. 4 00:00:07,874 --> 00:00:09,042 You know, he was three months old 5 00:00:09,075 --> 00:00:10,844 when I began my term. 6 00:00:10,877 --> 00:00:12,178 My wife remarried, 7 00:00:12,212 --> 00:00:15,616 and he was raised by, um, 8 00:00:15,649 --> 00:00:17,618 you know, he thinks of his stepdad 9 00:00:17,651 --> 00:00:19,820 as his father. Oh. 10 00:00:19,853 --> 00:00:21,855 NYLER: No, hey, I mean, I owe the guy, really. 11 00:00:21,888 --> 00:00:24,290 You know, he's been a pretty good dad. 12 00:00:26,492 --> 00:00:27,460 Hey. 13 00:00:39,706 --> 00:00:41,608 They're willing to move for a finding 14 00:00:41,642 --> 00:00:43,176 of your legal innocence. 15 00:00:43,910 --> 00:00:45,478 That's it? 16 00:00:45,512 --> 00:00:46,479 No money? 17 00:00:47,648 --> 00:00:48,882 No. 18 00:00:48,915 --> 00:00:51,084 Fifteen years for a murder I didn't do, 19 00:00:51,117 --> 00:00:52,152 they offer nothing? 20 00:00:52,185 --> 00:00:54,154 They don't feel they were negligent, 21 00:00:54,187 --> 00:00:56,256 plus, the state doesn't like to admit mistakes. 22 00:00:56,289 --> 00:00:58,825 It goes to a fear of getting sued. 23 00:00:58,859 --> 00:01:01,702 Why haven't they moved for a legal finding on their own 24 00:01:01,735 --> 00:01:02,769 long before now? 25 00:01:02,803 --> 00:01:04,538 As I said, 26 00:01:04,571 --> 00:01:07,574 they don't like to formally acknowledge mistakes. 27 00:01:07,608 --> 00:01:10,043 So, if we continue on, 28 00:01:10,076 --> 00:01:11,411 can we win? 29 00:01:11,444 --> 00:01:13,079 Honestly, I don't know. 30 00:01:13,113 --> 00:01:14,848 They'll claim, given all the evidence, 31 00:01:14,881 --> 00:01:16,282 your arrest was reasonable. 32 00:01:16,316 --> 00:01:18,418 After that, it was a jury 33 00:01:18,451 --> 00:01:20,353 that convicted you. 34 00:01:20,386 --> 00:01:22,623 We obviously can't sue them. 35 00:01:23,056 --> 00:01:24,424 We won't win. 36 00:01:24,858 --> 00:01:26,392 I don't think so. 37 00:01:26,426 --> 00:01:29,195 Bobby, I know that you took this 38 00:01:29,229 --> 00:01:31,131 on a contingency, 39 00:01:31,164 --> 00:01:33,667 and 33% of nothing isn't much. 40 00:01:35,636 --> 00:01:37,103 But given... 41 00:01:37,137 --> 00:01:39,673 that I did fifteen years, 42 00:01:40,874 --> 00:01:42,408 I would like to at least 43 00:01:42,442 --> 00:01:44,244 give them three days... 44 00:01:44,277 --> 00:01:45,612 of hell. 45 00:01:50,884 --> 00:01:52,018 A summons? 46 00:01:52,052 --> 00:01:54,087 DONNELL: I need you to testify. 47 00:01:54,120 --> 00:01:55,656 Why? Because you were the D. A. 48 00:01:55,689 --> 00:01:57,190 who prosecuted him, Ken. 49 00:01:57,223 --> 00:01:58,525 It was one of our first trials, 50 00:01:58,559 --> 00:02:00,501 when our relationship was formed, remember? 51 00:02:00,534 --> 00:02:02,235 You blaming me? 52 00:02:02,268 --> 00:02:03,937 I'm certainly not blaming. 53 00:02:03,970 --> 00:02:05,839 I'm just exploring how an innocent man 54 00:02:05,872 --> 00:02:07,674 ended up serving 15 years. 55 00:02:07,708 --> 00:02:08,909 Look... 56 00:02:08,942 --> 00:02:10,511 I've spent a lot of money in therapy, 57 00:02:10,544 --> 00:02:11,311 you piece of crap 58 00:02:11,344 --> 00:02:13,346 and I'm trying now to be nice. 59 00:02:13,379 --> 00:02:15,582 I've held out an olive branch to your firm. 60 00:02:15,616 --> 00:02:17,183 If you intend to thrash me with it-- 61 00:02:17,216 --> 00:02:18,585 That isn't the case. 62 00:02:18,618 --> 00:02:20,621 I just want your take. 63 00:02:20,654 --> 00:02:21,855 My take. 64 00:02:23,524 --> 00:02:26,660 You come after me, I'll fillet you, Bobby, 65 00:02:26,693 --> 00:02:28,662 right in the courtroom for the jury to see. 66 00:02:29,796 --> 00:02:31,965 I can see those therapy dollars at work. 67 00:02:31,998 --> 00:02:33,466 Don't do this. 68 00:02:33,499 --> 00:02:35,268 That's a warning. 69 00:02:35,301 --> 00:02:36,937 You have your summons. 70 00:02:36,970 --> 00:02:38,338 I'll see you in court. 71 00:02:40,674 --> 00:02:42,175 (paper crumpling) 72 00:02:42,208 --> 00:02:46,146 (music playing) 73 00:03:32,599 --> 00:03:35,468 (sighs) 74 00:03:39,405 --> 00:03:40,574 Everything okay? 75 00:03:41,174 --> 00:03:42,175 (sighs) 76 00:03:43,710 --> 00:03:44,645 No. 77 00:03:44,678 --> 00:03:45,712 Will you argue? 78 00:03:45,746 --> 00:03:46,713 What? 79 00:03:46,747 --> 00:03:48,081 I'm over my head. 80 00:03:48,114 --> 00:03:50,416 I'm going up against John Wicker 81 00:03:50,450 --> 00:03:52,152 from Goodman. 82 00:03:52,185 --> 00:03:53,920 Do you believe that? They've got Wicker. 83 00:04:02,603 --> 00:04:04,037 You said you were ready. 84 00:04:04,070 --> 00:04:05,271 I am, 85 00:04:05,305 --> 00:04:06,573 but let's face it, Lindsay, 86 00:04:06,607 --> 00:04:07,941 I'm suing a town 87 00:04:07,974 --> 00:04:09,676 for having a soccer program. 88 00:04:09,710 --> 00:04:11,344 Add to that, I've been to court twice 89 00:04:11,377 --> 00:04:12,345 in my entire life. 90 00:04:12,378 --> 00:04:14,014 Add to that they've got Wicker. 91 00:04:14,047 --> 00:04:16,817 Add to that-- Are you okay? 92 00:04:16,850 --> 00:04:18,885 Lindsay, sometimes... 93 00:04:20,821 --> 00:04:23,156 I sort of freeze. 94 00:04:23,557 --> 00:04:24,625 What do you mean? 95 00:04:24,658 --> 00:04:26,827 When I get nervous or-- 96 00:04:28,595 --> 00:04:29,596 I'll be fine. 97 00:04:30,597 --> 00:04:31,665 I'll be fine. 98 00:04:34,100 --> 00:04:36,703 The victim was a 70 year-old retired school teacher, 99 00:04:36,736 --> 00:04:39,438 robbed, beaten to death with a wrench. 100 00:04:39,472 --> 00:04:41,241 I was lead detective on the case. 101 00:04:41,274 --> 00:04:43,777 DONNELL: And, Detective, what led you to conclude 102 00:04:43,810 --> 00:04:45,912 that Lewis Nyler was the killer? 103 00:04:45,946 --> 00:04:49,049 Two eyewitnesses gave a description matching his, 104 00:04:49,082 --> 00:04:50,751 one picked him out of a lineup, 105 00:04:50,784 --> 00:04:52,285 he had no alibi, 106 00:04:52,318 --> 00:04:54,120 his wrench was the murder weapon, 107 00:04:54,688 --> 00:04:56,122 and he confessed. 108 00:04:56,156 --> 00:04:57,958 He initially maintained his innocence. 109 00:04:57,991 --> 00:04:58,959 They all do. 110 00:04:58,992 --> 00:05:01,668 DONNELL: But this one was innocent. 111 00:05:03,970 --> 00:05:06,607 At what point during your interrogation 112 00:05:06,640 --> 00:05:07,941 did my client confess? 113 00:05:07,974 --> 00:05:09,676 Approximately 28 hours. 114 00:05:09,710 --> 00:05:12,245 He was in that room 115 00:05:12,278 --> 00:05:15,549 for 28 straight hours? Yes. 116 00:05:15,582 --> 00:05:16,817 You basically wore him down? 117 00:05:16,850 --> 00:05:18,719 The confession was voluntary. 118 00:05:18,752 --> 00:05:21,822 Detective, a month after my client was convicted, 119 00:05:21,855 --> 00:05:24,124 another man confessed to the killing, 120 00:05:24,157 --> 00:05:24,958 isn't that right? 121 00:05:24,991 --> 00:05:27,293 A man by the name of Mark Carter? 122 00:05:27,327 --> 00:05:28,729 PEGLER: Unfortunately, we didn't think 123 00:05:28,762 --> 00:05:30,831 that confession was credible. 124 00:05:30,864 --> 00:05:32,398 I thought he was trying to make a deal 125 00:05:32,432 --> 00:05:34,067 on a different murder he'd been charged with. 126 00:05:34,367 --> 00:05:35,869 And last year, 127 00:05:36,503 --> 00:05:38,371 15 years later, 128 00:05:38,404 --> 00:05:41,642 you finally did a DNA analysis on the wrench, 129 00:05:41,675 --> 00:05:43,009 didn't you? Yes. 130 00:05:43,043 --> 00:05:45,245 And what did that analysis tell you? 131 00:05:45,278 --> 00:05:48,448 That Mark Carter was, indeed, the killer. 132 00:05:49,516 --> 00:05:50,717 We apologize. 133 00:05:53,086 --> 00:05:54,354 Can't you make a call 134 00:05:54,387 --> 00:05:55,922 and tell them I'm dead or something? 135 00:05:55,956 --> 00:05:58,124 They've cracked down on jury duty now. 136 00:05:58,158 --> 00:06:00,567 It's not so easy to get out of. 137 00:06:00,601 --> 00:06:02,503 Well, what about something medical? 138 00:06:02,536 --> 00:06:04,805 Well, what have you got, hemorrhoids? 139 00:06:04,838 --> 00:06:05,939 Well, does that work? 140 00:06:05,972 --> 00:06:07,541 Because I can get one. 141 00:06:08,141 --> 00:06:09,976 Hello, I'm looking for Lindsay Dole. 142 00:06:10,010 --> 00:06:11,344 Is she here, by any chance? 143 00:06:11,377 --> 00:06:13,514 No, she actually doesn't work here anymore, 144 00:06:13,547 --> 00:06:15,048 but her office is right-- Yes, I know. 145 00:06:15,081 --> 00:06:16,750 I worked with her temporarily. 146 00:06:16,783 --> 00:06:18,151 My name's Claire Wyatt. 147 00:06:18,184 --> 00:06:18,985 More about that later. 148 00:06:19,019 --> 00:06:20,053 Do you know where she is? 149 00:06:20,453 --> 00:06:21,555 No. 150 00:06:21,588 --> 00:06:22,956 Have you tried her daycare? 151 00:06:22,989 --> 00:06:24,290 Right. 152 00:06:24,324 --> 00:06:25,458 Thank you. 153 00:06:32,599 --> 00:06:33,634 WYATT: Oh, Lindsay, 154 00:06:34,568 --> 00:06:36,136 they wanna meet. 155 00:06:36,169 --> 00:06:37,971 DOLE: Who? The defendant, 156 00:06:38,004 --> 00:06:39,740 the Town of Lexington, they wanna meet. 157 00:06:39,773 --> 00:06:40,807 They must have an offer. 158 00:06:40,841 --> 00:06:42,543 DOLE: Let's not jump to conclusions. 159 00:06:42,576 --> 00:06:43,977 Why else would they want a conference, 160 00:06:44,010 --> 00:06:45,646 to discuss spring fashions? 161 00:06:45,679 --> 00:06:46,913 They even agreed to come here. 162 00:06:46,947 --> 00:06:48,448 They must have an offer. 163 00:06:48,481 --> 00:06:49,382 DOLE: Okay. 164 00:06:49,415 --> 00:06:51,051 Well, if they wanna discuss settlement, 165 00:06:51,084 --> 00:06:52,118 it's best not to appear 166 00:06:52,152 --> 00:06:53,854 overanxious. Right. 167 00:06:53,887 --> 00:06:55,989 And I'm sure it goes without saying, 168 00:06:56,022 --> 00:06:57,791 try not to freeze or vomit. 169 00:06:57,824 --> 00:06:59,059 Right. 170 00:07:00,901 --> 00:07:02,168 (sighs) 171 00:07:02,202 --> 00:07:03,469 That was hurtful. 172 00:07:06,072 --> 00:07:08,575 I have never knowingly prosecuted 173 00:07:08,609 --> 00:07:09,810 an innocent man. 174 00:07:09,843 --> 00:07:12,278 But you knew about another man 175 00:07:12,312 --> 00:07:13,847 who confessed to being the killer, 176 00:07:13,880 --> 00:07:15,749 a man by the name of Mark Carter. 177 00:07:15,782 --> 00:07:17,518 I heard that allegation 178 00:07:17,551 --> 00:07:19,185 soon after the trial, 179 00:07:19,219 --> 00:07:20,320 but I didn't believe it. 180 00:07:20,353 --> 00:07:23,023 Did you interview Mr. Carter? 181 00:07:23,056 --> 00:07:24,457 As I said, I didn't believe him 182 00:07:24,490 --> 00:07:25,592 to be telling the truth. 183 00:07:25,626 --> 00:07:27,828 Did you interview him? 184 00:07:27,861 --> 00:07:29,696 The prosecutor doesn't beat the bushes 185 00:07:29,730 --> 00:07:31,297 for new witnesses, counsel. 186 00:07:31,331 --> 00:07:32,966 I rely on the police for that. 187 00:07:32,999 --> 00:07:35,268 They said this Mr. Carter was a liar. 188 00:07:35,301 --> 00:07:37,871 And that's what you told the parole board six years ago, 189 00:07:37,904 --> 00:07:39,806 when you urged them to deny 190 00:07:39,840 --> 00:07:41,307 Lewis Nyler's parole. 191 00:07:41,341 --> 00:07:42,375 WALSH: Yes, 192 00:07:42,408 --> 00:07:45,546 but once the Innocence Project did the DNA test, 193 00:07:45,579 --> 00:07:47,113 we did vacate his conviction, 194 00:07:47,147 --> 00:07:48,782 which I, of course, fully supported. 195 00:07:48,815 --> 00:07:52,485 DONNELL: After he served 15 years in prison 196 00:07:52,519 --> 00:07:54,387 for a crime he didn't commit. 197 00:07:54,420 --> 00:07:56,422 WALSH: Hey, I wish we had money 198 00:07:56,456 --> 00:07:58,258 to spot-check every conviction 199 00:07:58,291 --> 00:08:00,867 to make sure this never happens again. 200 00:08:01,401 --> 00:08:02,368 WALSH: We don't. 201 00:08:02,402 --> 00:08:03,804 DONNELL: How about just interviewing the people 202 00:08:03,837 --> 00:08:05,338 who confessed to the crime? 203 00:08:07,340 --> 00:08:08,675 Did you interview him? 204 00:08:09,543 --> 00:08:11,311 I didn't know about him. Why not? 205 00:08:11,344 --> 00:08:12,979 Did you follow up on the case, counsel, 206 00:08:13,013 --> 00:08:14,681 or did you just move on 207 00:08:14,715 --> 00:08:17,017 once your client got convicted? Move to strike. 208 00:08:17,050 --> 00:08:18,218 You're the defense attorney 209 00:08:18,251 --> 00:08:20,186 and you're coming after me, the prosecutor, 210 00:08:20,220 --> 00:08:21,254 for not being zealous enough 211 00:08:21,287 --> 00:08:23,156 in securing your client's freedom. 212 00:08:23,189 --> 00:08:24,858 Am I the only one who thinks that's funny? 213 00:08:24,891 --> 00:08:25,992 All right, Mr. Walsh. 214 00:08:26,026 --> 00:08:27,293 Your Honor... 215 00:08:28,128 --> 00:08:29,262 just like to say, 216 00:08:29,295 --> 00:08:31,532 as the D. A. who prosecuted this man, 217 00:08:31,565 --> 00:08:33,800 I have a heavy heart. 218 00:08:33,834 --> 00:08:35,001 I don't deny it 219 00:08:35,035 --> 00:08:37,137 but what about his heart? Move to strike! 220 00:08:37,170 --> 00:08:39,239 WALSH: Where was he to request the DNA tests? 221 00:08:39,272 --> 00:08:40,774 But for the Project Innocence, 222 00:08:40,807 --> 00:08:42,543 his client would still be locked up. 223 00:08:42,576 --> 00:08:43,844 DONNELL: Move to strike! 224 00:08:43,877 --> 00:08:45,946 All right, let's just move on. 225 00:08:51,885 --> 00:08:53,253 What do you mean no studies? 226 00:08:53,286 --> 00:08:54,521 I can't find any. 227 00:08:54,555 --> 00:08:55,989 In fact, the Department of Justice 228 00:08:56,022 --> 00:08:57,624 doesn't even track the statistic 229 00:08:57,658 --> 00:08:59,459 of how many people are falsely convicted. 230 00:08:59,492 --> 00:09:00,567 That's impossible. 231 00:09:00,601 --> 00:09:01,768 Bobby, next to looks, 232 00:09:01,802 --> 00:09:03,303 I pride myself on my research and-- 233 00:09:03,336 --> 00:09:05,005 Rebecca, can you help Jamie out, please? 234 00:09:05,038 --> 00:09:06,406 Did you try the N. I. J.? 235 00:09:06,439 --> 00:09:07,908 They documented some cases, 236 00:09:07,941 --> 00:09:09,910 but there was nothing to overall patterns. 237 00:09:09,943 --> 00:09:12,946 Bobby, let's face it, this case is a dog. 238 00:09:12,979 --> 00:09:16,149 I realize that, Eugene, but the client wants to try it. 239 00:09:16,182 --> 00:09:17,918 WASHINGTON: I forget who said it, 240 00:09:17,951 --> 00:09:20,554 but somebody here recently kind of screamed at us 241 00:09:20,587 --> 00:09:22,923 to make the client see reason. 242 00:09:24,124 --> 00:09:25,892 Rebecca... 243 00:09:25,926 --> 00:09:29,295 I was the lawyer who lost this one. 244 00:09:29,329 --> 00:09:32,999 I had an innocent man go to prison on me. 245 00:09:34,034 --> 00:09:36,570 If he wants me to do cartwheels for him now, 246 00:09:36,603 --> 00:09:38,905 then that's what I'll do. 247 00:09:51,217 --> 00:09:54,087 And how do you decide if he should be released? 248 00:09:54,120 --> 00:09:56,122 HODGES: There are a number of factors. 249 00:09:56,156 --> 00:09:58,859 Is he still a danger to the community? 250 00:09:58,892 --> 00:10:01,267 Has he bettered himself in prison? 251 00:10:01,301 --> 00:10:02,869 Has he been rehabilitated? 252 00:10:02,903 --> 00:10:04,605 MAN: And you decided that Mr. Nyler 253 00:10:04,638 --> 00:10:06,607 was not a good candidate for release. 254 00:10:06,640 --> 00:10:08,975 Frankly, he was a terrible candidate. 255 00:10:09,009 --> 00:10:10,043 Why? 256 00:10:10,076 --> 00:10:12,312 His attitude towards us was angry. 257 00:10:12,345 --> 00:10:15,148 He wouldn't take responsibility for his situation, 258 00:10:15,181 --> 00:10:17,450 and he didn't give us the confidence we needed to risk 259 00:10:17,483 --> 00:10:19,152 letting him back out on the street. 260 00:10:19,185 --> 00:10:21,655 The police and the prosecutors opposed release, 261 00:10:21,688 --> 00:10:23,890 as well as the victim's family. 262 00:10:23,924 --> 00:10:25,892 This was not a hard call. 263 00:10:27,360 --> 00:10:29,362 My client was a model prisoner, 264 00:10:29,395 --> 00:10:30,731 no disciplinary problems, 265 00:10:30,764 --> 00:10:32,298 correct? Yes. 266 00:10:32,332 --> 00:10:33,900 The only reason you wouldn't grant him parole 267 00:10:33,934 --> 00:10:36,970 is because he refused to say he was the killer. 268 00:10:37,003 --> 00:10:38,939 He showed a profound lack of remorse 269 00:10:38,972 --> 00:10:40,841 and wouldn't accept responsibility 270 00:10:40,874 --> 00:10:42,308 for what was a heinous crime. 271 00:10:42,342 --> 00:10:43,877 DONNELL: Well, that's understandable. 272 00:10:44,678 --> 00:10:46,012 I mean, isn't it? 273 00:10:46,046 --> 00:10:47,480 He was innocent. 274 00:10:47,514 --> 00:10:48,882 HODGES: As it turned out. 275 00:10:48,915 --> 00:10:50,116 Certainly, we didn't know that. 276 00:10:50,150 --> 00:10:52,719 But you had knowledge that another man confessed. 277 00:10:52,753 --> 00:10:54,420 HODGES: We had no knowledge 278 00:10:54,454 --> 00:10:56,657 that the confession was truthful, nor did we have-- 279 00:10:56,690 --> 00:10:58,859 DONNELL: And you couldn't be bothered to find out. 280 00:10:58,892 --> 00:11:00,026 HODGES: Mr. Donnell, 281 00:11:00,060 --> 00:11:02,769 the parole board does not exist to investigate. 282 00:11:02,803 --> 00:11:04,370 We assume guilt going in. 283 00:11:04,404 --> 00:11:06,039 We have to. Otherwise-- 284 00:11:06,072 --> 00:11:08,675 DONNELL: You denied my client parole 285 00:11:08,709 --> 00:11:10,443 because he told the truth. 286 00:11:11,545 --> 00:11:14,280 An innocent man served extra time in jail 287 00:11:14,314 --> 00:11:16,316 simply because he maintained his innocence. 288 00:11:16,349 --> 00:11:18,919 In this case, as it worked out, yes. 289 00:11:18,952 --> 00:11:19,786 And that's regrettable. 290 00:11:19,820 --> 00:11:21,121 DONNELL: Regrettable? 291 00:11:21,154 --> 00:11:23,489 Don't you think it's perverse? 292 00:11:23,524 --> 00:11:27,193 He served extra time for being truthful. 293 00:11:27,227 --> 00:11:29,062 Mistakes were made in this case, 294 00:11:29,095 --> 00:11:30,163 but none of them were ours. 295 00:11:30,196 --> 00:11:32,633 We did our job as the law required. 296 00:11:32,666 --> 00:11:36,102 As the law required. 297 00:11:36,136 --> 00:11:37,938 Ms. Hodges... 298 00:11:37,971 --> 00:11:40,807 had you been armed with the DNA evidence 299 00:11:40,841 --> 00:11:43,309 that conclusively proved my client's innocence, 300 00:11:43,343 --> 00:11:46,346 would you have then granted him parole? 301 00:11:48,048 --> 00:11:49,182 No. 302 00:11:50,517 --> 00:11:51,652 No? 303 00:11:51,685 --> 00:11:54,020 If your client was still in prison, 304 00:11:54,054 --> 00:11:56,022 refusing to accept responsibility, 305 00:11:56,056 --> 00:11:58,825 DNA evidence or not, we'd have no choice. 306 00:11:58,859 --> 00:12:00,767 We would have denied him parole. 307 00:12:05,506 --> 00:12:07,273 WICKER: I must say, I'm only here 308 00:12:07,307 --> 00:12:09,442 at the insistence of a charitable mayor. 309 00:12:09,475 --> 00:12:11,411 Against my better judgment, 310 00:12:11,444 --> 00:12:12,913 which is expensive, by the way, 311 00:12:12,946 --> 00:12:15,716 I'm putting $35,000 on the table, 312 00:12:15,749 --> 00:12:17,918 condition, of course, on confidentiality. 313 00:12:17,951 --> 00:12:19,786 Thirty-five thousand? 314 00:12:19,820 --> 00:12:21,588 He has learning disabilities. 315 00:12:21,622 --> 00:12:23,557 Ms. Wyatt, I don't think you want the number 316 00:12:23,590 --> 00:12:24,958 to reflect the merits of your case, 317 00:12:24,991 --> 00:12:26,560 because we all know what that number is. 318 00:12:27,628 --> 00:12:29,362 Well, if this is all about charity, 319 00:12:29,395 --> 00:12:31,532 why would the mayor wanna keep it such a secret? 320 00:12:31,565 --> 00:12:33,466 Most politicians like photo ops 321 00:12:33,499 --> 00:12:34,801 with their acts of kindness. 322 00:12:34,835 --> 00:12:36,803 The secrecy is at my insistence. 323 00:12:36,837 --> 00:12:39,305 What would happen if every child 324 00:12:39,339 --> 00:12:40,774 who ever headed a soccer ball 325 00:12:40,807 --> 00:12:42,576 came calling to collect a check? 326 00:12:42,609 --> 00:12:44,210 I would think if the children 327 00:12:44,244 --> 00:12:45,912 had neurological deficits 328 00:12:45,946 --> 00:12:48,114 caused by town-sponsored programs, 329 00:12:48,148 --> 00:12:50,316 a town would consider compensating them. 330 00:12:50,350 --> 00:12:52,753 The $35,000 is on the table today. 331 00:12:52,786 --> 00:12:55,155 It won't be, should you lose at summary judgment. 332 00:12:55,822 --> 00:12:57,524 Now, I won't advise either of you 333 00:12:57,558 --> 00:12:58,625 how to practice law. 334 00:12:58,659 --> 00:12:59,926 You're both good attorneys. 335 00:12:59,960 --> 00:13:03,570 But I will say, come on, do the math. 336 00:13:03,604 --> 00:13:06,172 Thirty-five is better than nothing. 337 00:13:08,509 --> 00:13:09,643 WICKER: What are you thinking? 338 00:13:10,911 --> 00:13:12,012 Ms. Wyatt? 339 00:13:12,846 --> 00:13:14,380 We'll take the offer to our client, 340 00:13:14,414 --> 00:13:15,481 then let you know. 341 00:13:19,620 --> 00:13:21,722 I just hit her 342 00:13:21,755 --> 00:13:24,324 first with my hand, 343 00:13:24,357 --> 00:13:25,992 then with the wrench. 344 00:13:27,293 --> 00:13:28,929 I don't know how many times, 345 00:13:28,962 --> 00:13:32,265 but I couldn't stop myself 346 00:13:32,298 --> 00:13:34,267 not till... 347 00:13:34,300 --> 00:13:35,936 she was dead. 348 00:13:37,504 --> 00:13:39,940 I just couldn't stop myself. 349 00:13:43,510 --> 00:13:45,345 That was you, Mr. Nyler, 350 00:13:46,412 --> 00:13:47,814 saying that you did it. 351 00:13:47,848 --> 00:13:50,483 I had been in that room all night. 352 00:13:50,517 --> 00:13:52,385 But were you tortured? 353 00:13:52,418 --> 00:13:54,721 Did any officer beat you or-- 354 00:13:54,755 --> 00:13:57,323 It was mental torture. 355 00:13:57,357 --> 00:13:59,325 They kept me awake, 356 00:13:59,359 --> 00:14:01,568 and they said that they wouldn't let me out 357 00:14:01,602 --> 00:14:02,636 till I confessed. 358 00:14:03,269 --> 00:14:06,607 Finally, I, um... 359 00:14:06,640 --> 00:14:07,641 I gave in. 360 00:14:08,775 --> 00:14:10,511 Mr. Nyler, 361 00:14:10,544 --> 00:14:13,814 when you looked at that tape just now, 362 00:14:13,847 --> 00:14:16,049 can you make room for the possibility 363 00:14:16,082 --> 00:14:18,084 that a detective or a jury 364 00:14:18,118 --> 00:14:19,653 or a parole board 365 00:14:19,686 --> 00:14:21,722 might consider you guilty? 366 00:14:21,755 --> 00:14:24,858 They didn't see what went on before that. 367 00:14:26,092 --> 00:14:27,794 What did go on? 368 00:14:28,394 --> 00:14:30,764 They just kept saying they knew I did it. 369 00:14:30,797 --> 00:14:33,333 After 20 hours or so, 370 00:14:33,366 --> 00:14:35,969 I was delirious. 371 00:14:36,002 --> 00:14:38,038 I just-- 372 00:14:38,071 --> 00:14:39,506 I was sleep-deprived. 373 00:14:40,273 --> 00:14:41,875 I was mentally-- 374 00:14:45,478 --> 00:14:46,913 at some point, 375 00:14:48,248 --> 00:14:50,751 I guess you'll say anything 376 00:14:50,784 --> 00:14:52,418 to get them to stop. 377 00:14:53,620 --> 00:14:54,988 And I did. 378 00:14:56,056 --> 00:14:58,258 But the next day, 379 00:14:58,291 --> 00:15:00,734 I told them it was a lie. 380 00:15:01,802 --> 00:15:03,136 I never did it. 381 00:15:05,338 --> 00:15:07,273 But they didn't want that statement. 382 00:15:08,108 --> 00:15:09,743 They wanted their conviction. 383 00:15:11,211 --> 00:15:13,947 They never looked for the truth. 384 00:15:13,980 --> 00:15:16,082 I lost my family, 385 00:15:17,483 --> 00:15:18,418 my son, 386 00:15:19,586 --> 00:15:21,522 15 years of my life 387 00:15:23,524 --> 00:15:26,459 because they never looked for the truth. 388 00:15:32,465 --> 00:15:34,835 Have you ever seen a doctor for this? 389 00:15:34,868 --> 00:15:37,838 WYATT: Yes, and he said it's all anxiety. 390 00:15:37,871 --> 00:15:39,906 He suggested I do breathing exercises. 391 00:15:40,941 --> 00:15:42,408 It's not like I black out. 392 00:15:42,442 --> 00:15:44,177 It's just-- 393 00:15:44,210 --> 00:15:45,646 I can't talk. 394 00:15:47,180 --> 00:15:48,448 Look... 395 00:15:48,481 --> 00:15:50,817 you said you wanted to talk about something. 396 00:15:50,851 --> 00:15:53,319 Yes, and I appreciate you taking time 397 00:15:53,353 --> 00:15:55,388 out of your busy schedule. 398 00:15:55,421 --> 00:15:57,891 I just-- 399 00:15:57,924 --> 00:16:00,500 Lindsay has been giving me little pep talks 400 00:16:00,534 --> 00:16:02,135 to bolster my confidence, 401 00:16:02,168 --> 00:16:04,538 and, um, well, she told me your story. 402 00:16:04,571 --> 00:16:05,839 My story? 403 00:16:05,872 --> 00:16:07,641 Yes, how... 404 00:16:07,674 --> 00:16:09,309 a few years ago, 405 00:16:09,342 --> 00:16:10,644 your nickname was Jimmy The Grunt 406 00:16:10,677 --> 00:16:12,979 and nobody took you seriously. 407 00:16:13,013 --> 00:16:14,881 Lindsay shared that? 408 00:16:14,915 --> 00:16:16,082 Yes. 409 00:16:16,116 --> 00:16:18,318 And well, 410 00:16:18,351 --> 00:16:19,886 I guess... 411 00:16:19,920 --> 00:16:21,988 I was looking for some insight, 412 00:16:22,022 --> 00:16:24,958 you know, on turning the corner. 413 00:16:26,860 --> 00:16:28,962 Well... 414 00:16:28,995 --> 00:16:30,864 with me, 415 00:16:30,897 --> 00:16:32,833 I just made up my mind 416 00:16:32,866 --> 00:16:34,334 I wasn't gonna get knocked down. 417 00:16:35,201 --> 00:16:38,071 I was the first lawyer in my family, and-- 418 00:16:39,339 --> 00:16:42,709 but I didn't have this freezing problem. 419 00:16:43,476 --> 00:16:45,478 My father's a lawyer. 420 00:16:46,713 --> 00:16:49,516 I think it adds to the pressure. 421 00:16:50,116 --> 00:16:52,385 I remember the look on his face 422 00:16:52,418 --> 00:16:54,921 when I told him that I was going to law school. 423 00:16:54,955 --> 00:16:57,891 And he didn't believe I was cut out for it. 424 00:16:59,225 --> 00:17:02,869 I think that's partly why I freeze. 425 00:17:06,707 --> 00:17:08,408 Claire... 426 00:17:08,441 --> 00:17:11,512 maybe you should really try to settle. 427 00:17:15,749 --> 00:17:16,883 Nothing? 428 00:17:16,917 --> 00:17:18,552 Not a race disparity, even? 429 00:17:18,585 --> 00:17:19,786 For sentencing, yes, 430 00:17:19,820 --> 00:17:21,755 but not for wrongful convictions. 431 00:17:21,788 --> 00:17:22,923 We're coming up empty. 432 00:17:22,956 --> 00:17:24,190 There was one law review 433 00:17:24,224 --> 00:17:26,492 that figured 10,000 wrongful convictions a year, 434 00:17:26,527 --> 00:17:27,861 but there's no hard data on that. 435 00:17:27,894 --> 00:17:31,497 WASHINGTON: Bobby, may I ask what are you going for? 436 00:17:31,532 --> 00:17:34,701 If you're planning to argue false convictions are common, 437 00:17:34,735 --> 00:17:36,837 that goes against your negligence claim. 438 00:17:36,870 --> 00:17:38,705 If you argue they're not common, 439 00:17:38,739 --> 00:17:40,741 that hurts you on foreseeability. 440 00:17:40,774 --> 00:17:42,042 What's your case? 441 00:17:42,442 --> 00:17:43,644 I'm not sure. 442 00:17:45,045 --> 00:17:46,813 You're not sure? 443 00:17:49,415 --> 00:17:51,618 The truth is... 444 00:17:51,652 --> 00:17:52,653 Walsh is right. 445 00:17:54,254 --> 00:17:56,590 If anybody's to blame here, it's probably me. 446 00:17:59,359 --> 00:18:01,802 I pored through that trial transcript. 447 00:18:01,835 --> 00:18:02,936 You did nothing wrong. 448 00:18:02,969 --> 00:18:04,671 I should've suppressed that confession. 449 00:18:04,705 --> 00:18:06,006 You tried. It was voluntary. 450 00:18:06,039 --> 00:18:08,108 And why didn't I push for DNA testing? 451 00:18:08,141 --> 00:18:09,776 WASHINGTON: Bobby, 15 years ago, they weren't doing that. 452 00:18:09,810 --> 00:18:11,512 But 10 years ago, they were. 453 00:18:18,351 --> 00:18:19,820 The reality is... 454 00:18:22,689 --> 00:18:23,924 I never went back 455 00:18:23,957 --> 00:18:26,026 because I believed 456 00:18:26,059 --> 00:18:27,561 my client was guilty. 457 00:18:30,196 --> 00:18:31,965 I bought into that confession 458 00:18:31,998 --> 00:18:33,667 just like everybody else. 459 00:18:36,503 --> 00:18:38,772 Not a good thing to bring up in your closing. 460 00:18:45,278 --> 00:18:46,212 (sigh) 461 00:18:53,453 --> 00:18:55,221 Thirty-five thousand. 462 00:18:55,956 --> 00:18:58,058 It isn't much, but-- 463 00:18:58,091 --> 00:19:00,433 My son has learning disabilities, 464 00:19:00,466 --> 00:19:02,168 attention deficits. 465 00:19:02,202 --> 00:19:05,572 The stumbling block is liability. 466 00:19:05,606 --> 00:19:08,474 The doctors can't establish that heading the soccer ball 467 00:19:08,509 --> 00:19:09,810 caused the injuries, 468 00:19:09,843 --> 00:19:12,112 and-- The doctors think it's that, 469 00:19:12,145 --> 00:19:15,549 and I know conclusively as his mother. 470 00:19:15,582 --> 00:19:17,818 He never had any of these problems 471 00:19:17,851 --> 00:19:20,554 before the headaches after the soccer games. 472 00:19:20,587 --> 00:19:23,890 DOLE: There's also assumption of the risk issues. 473 00:19:23,924 --> 00:19:25,325 BOYD: I never assumed 474 00:19:25,358 --> 00:19:28,595 any risk of neurological disability 475 00:19:28,629 --> 00:19:30,096 when I let him play soccer. 476 00:19:30,130 --> 00:19:33,600 DOLE: Neither of us is suggesting that $35,000 477 00:19:33,634 --> 00:19:35,401 will make you or your son whole. 478 00:19:35,435 --> 00:19:37,003 But you're telling me to take it. 479 00:19:37,037 --> 00:19:39,005 Because we don't believe we'll prevail. 480 00:19:39,039 --> 00:19:42,108 I don't think we'll even survive summary judgment. 481 00:19:43,910 --> 00:19:45,612 Thirty-five won't do it. 482 00:19:45,646 --> 00:19:49,082 Mary... Thirty-five won't do it. 483 00:20:00,026 --> 00:20:02,736 When I tried this case 15 years ago, 484 00:20:02,769 --> 00:20:04,037 I was a young, 485 00:20:04,070 --> 00:20:05,171 idealistic lawyer 486 00:20:05,205 --> 00:20:07,073 who believed very much 487 00:20:07,107 --> 00:20:08,609 that our criminal-justice system 488 00:20:08,642 --> 00:20:10,343 was the best in the world. 489 00:20:10,376 --> 00:20:12,212 We've heard it said so many times 490 00:20:12,245 --> 00:20:14,581 that we've almost come to believe 491 00:20:14,615 --> 00:20:15,849 it's perfect. 492 00:20:16,449 --> 00:20:19,252 Well, it certainly wasn't perfect for Lewis Nyler. 493 00:20:19,285 --> 00:20:22,022 First, to defend him, he got a kid 494 00:20:22,055 --> 00:20:24,057 fresh out of law school. 495 00:20:24,090 --> 00:20:25,859 Sure, I'll say it, 496 00:20:25,892 --> 00:20:27,528 I could've, perhaps should've done 497 00:20:27,561 --> 00:20:29,095 a much better job. 498 00:20:30,396 --> 00:20:31,532 But the truth is, 499 00:20:31,565 --> 00:20:34,434 criminal defendants rarely get the pick of the litter. 500 00:20:34,467 --> 00:20:36,503 And I was a novice, 501 00:20:36,537 --> 00:20:38,772 looking to pick up experience 502 00:20:38,805 --> 00:20:39,840 and rent money. 503 00:20:41,074 --> 00:20:42,609 Imagine... 504 00:20:42,643 --> 00:20:45,579 being on trial for murder 505 00:20:45,612 --> 00:20:48,949 and having an inexperienced if not inferior attorney 506 00:20:48,982 --> 00:20:50,851 happens all the time 507 00:20:50,884 --> 00:20:53,419 in our great criminal justice system. 508 00:20:53,453 --> 00:20:55,522 One would hope, given that, 509 00:20:55,556 --> 00:20:58,559 that the state would take care to ensure fairness, 510 00:20:59,893 --> 00:21:01,367 one would hope. 511 00:21:02,202 --> 00:21:03,403 Look what the state did here. 512 00:21:03,436 --> 00:21:05,438 First, the parole issue. 513 00:21:05,471 --> 00:21:08,174 Lewis Nyler, an innocent man, 514 00:21:08,208 --> 00:21:11,712 served an extra six years in prison 515 00:21:11,745 --> 00:21:14,180 for refusing to say he was guilty. 516 00:21:14,214 --> 00:21:15,516 Let me say that again. 517 00:21:16,583 --> 00:21:18,585 An innocent man 518 00:21:18,619 --> 00:21:21,021 served additional time 519 00:21:21,054 --> 00:21:23,657 for not admitting guilt. 520 00:21:25,091 --> 00:21:28,128 The perversity of that speaks for itself. 521 00:21:28,562 --> 00:21:31,732 The even bigger question, 522 00:21:31,765 --> 00:21:34,000 how did an innocent man 523 00:21:34,034 --> 00:21:35,836 end up in prison 524 00:21:35,869 --> 00:21:37,571 to begin with? 525 00:21:37,604 --> 00:21:39,606 We certainly know it happens, 526 00:21:39,640 --> 00:21:41,542 the Central Park jogger case, 527 00:21:41,575 --> 00:21:44,745 Rampart, all the reversals from DNA, 528 00:21:44,778 --> 00:21:46,212 and the work of Project Innocence, 529 00:21:46,246 --> 00:21:47,413 we now know 530 00:21:47,447 --> 00:21:50,183 that people get falsely convicted a lot. 531 00:21:50,216 --> 00:21:52,753 I hoped to present you with studies, 532 00:21:52,786 --> 00:21:54,154 but guess what? 533 00:21:54,187 --> 00:21:55,188 There aren't any. 534 00:21:55,221 --> 00:21:57,624 In fact, the United States Department of Justice 535 00:21:57,658 --> 00:22:00,500 doesn't even track statistics on how many people 536 00:22:00,534 --> 00:22:02,703 get falsely convicted every year. 537 00:22:02,736 --> 00:22:03,970 That's outrageous. 538 00:22:04,505 --> 00:22:05,471 Add to that 539 00:22:05,506 --> 00:22:07,608 nobody is trying 540 00:22:07,641 --> 00:22:09,409 to remedy the problem. 541 00:22:10,777 --> 00:22:13,947 With all these overturned convictions and revelations 542 00:22:13,980 --> 00:22:16,550 of enormous error, not once 543 00:22:16,583 --> 00:22:18,318 has any court or jurisdiction 544 00:22:18,351 --> 00:22:20,521 gone back and tried to figure out how it happened. 545 00:22:20,554 --> 00:22:21,788 Your Honor, I'm sorry, 546 00:22:21,822 --> 00:22:23,757 but he's introducing evidence here. 547 00:22:23,790 --> 00:22:25,191 I'm going to allow it. 548 00:22:25,225 --> 00:22:26,693 DONNELL: In medicine, 549 00:22:26,727 --> 00:22:28,361 if a patient dies, immediately, 550 00:22:28,394 --> 00:22:30,230 a morbidity and mortality commission 551 00:22:30,263 --> 00:22:32,265 is assembled to figure out how. 552 00:22:32,298 --> 00:22:34,968 If a building collapses, engineers and architects 553 00:22:35,001 --> 00:22:37,237 convene to ascertain the cause, 554 00:22:37,270 --> 00:22:38,539 but in criminal justice, 555 00:22:38,572 --> 00:22:40,674 with so many false convictions, 556 00:22:40,707 --> 00:22:43,076 we're doing nothing 557 00:22:43,109 --> 00:22:44,711 to either fix the problem 558 00:22:44,745 --> 00:22:46,847 or even probe the cause, 559 00:22:46,880 --> 00:22:47,948 nothing. 560 00:22:47,981 --> 00:22:48,882 LANDER: All right, Mr. Donnell. 561 00:22:48,915 --> 00:22:50,283 I think I will ask you 562 00:22:50,316 --> 00:22:52,085 to confine yourself to this case. 563 00:22:53,053 --> 00:22:54,688 This case 564 00:22:56,089 --> 00:22:58,358 is about governmental arrogance. 565 00:22:59,760 --> 00:23:02,302 An innocent man was thrown into an interrogation room 566 00:23:02,335 --> 00:23:03,336 and not let out 567 00:23:03,369 --> 00:23:05,371 until he signed a false confession 568 00:23:05,405 --> 00:23:07,774 28 hours later. 569 00:23:07,808 --> 00:23:10,611 Despite the real killer confessing to the crime, 570 00:23:10,644 --> 00:23:12,546 Lewis Nyler continued to serve 571 00:23:12,579 --> 00:23:14,815 15 years in prison, 572 00:23:16,349 --> 00:23:19,019 the last six simply for insisting 573 00:23:19,052 --> 00:23:20,754 on his innocence. 574 00:23:23,189 --> 00:23:25,659 He lost his family, 575 00:23:29,495 --> 00:23:31,698 a big part of his life, 576 00:23:34,768 --> 00:23:37,538 and the state offers no compensation, 577 00:23:38,805 --> 00:23:41,207 nor has it so much as thrown together a panel 578 00:23:41,241 --> 00:23:42,543 to ask how it happened. 579 00:23:42,576 --> 00:23:43,610 That's arrogance. 580 00:23:45,311 --> 00:23:46,647 My fix, 581 00:23:48,314 --> 00:23:50,283 we need a jury 582 00:23:50,316 --> 00:23:52,085 to motivate the state 583 00:23:52,118 --> 00:23:54,054 to re-examine its procedures, 584 00:23:54,087 --> 00:23:56,189 not just for Lewis Nyler's sake, 585 00:23:56,222 --> 00:23:58,258 but for the next innocent man, 586 00:23:58,291 --> 00:24:00,534 and the next innocent man after that, 587 00:24:00,567 --> 00:24:02,235 and the one after that. 588 00:24:03,637 --> 00:24:04,971 We need a jury 589 00:24:05,005 --> 00:24:06,840 to motivate the state 590 00:24:06,873 --> 00:24:08,909 to make our criminal justice system 591 00:24:08,942 --> 00:24:11,845 every bit as good as it's cracked up to be. 592 00:24:14,114 --> 00:24:15,148 You know, 15 years later, 593 00:24:15,181 --> 00:24:17,383 I still consider myself 594 00:24:17,417 --> 00:24:19,185 an idealistic attorney. 595 00:24:21,354 --> 00:24:23,423 I guess in the spirit 596 00:24:23,456 --> 00:24:26,159 of that idealism, 597 00:24:26,192 --> 00:24:28,862 as well as in the spirit of simple... 598 00:24:28,895 --> 00:24:30,564 fairness. 599 00:24:34,334 --> 00:24:36,236 I am hoping... 600 00:24:38,104 --> 00:24:40,340 you're that jury. 601 00:24:40,373 --> 00:24:43,309 (music playing) 602 00:24:55,756 --> 00:24:57,490 Very inspiring 603 00:24:58,792 --> 00:25:00,601 but, uh, 604 00:25:00,634 --> 00:25:02,603 let's look at the merits of the case 605 00:25:02,636 --> 00:25:04,304 instead of the politics. 606 00:25:05,506 --> 00:25:08,174 First, the parole issue, 607 00:25:08,208 --> 00:25:09,643 a parole board exists 608 00:25:09,676 --> 00:25:11,411 not to determine innocence or guilt, 609 00:25:11,444 --> 00:25:13,146 but to determine whether a prisoner 610 00:25:13,179 --> 00:25:14,915 is fit for release, 611 00:25:14,948 --> 00:25:16,983 i.e. rehabilitation, 612 00:25:17,017 --> 00:25:18,719 the board assumes guilt. 613 00:25:20,053 --> 00:25:21,421 Occasionally, 614 00:25:21,454 --> 00:25:23,356 that results in an innocent man 615 00:25:23,389 --> 00:25:24,558 being required 616 00:25:24,591 --> 00:25:26,627 to acknowledge guilt for a crime 617 00:25:26,660 --> 00:25:27,694 that he didn't commit, 618 00:25:27,728 --> 00:25:29,495 and that is unfortunate, 619 00:25:29,530 --> 00:25:31,131 but what's the alternative? 620 00:25:31,164 --> 00:25:34,067 No such requirement? 621 00:25:34,100 --> 00:25:36,402 We're going to start paroling prisoners 622 00:25:36,436 --> 00:25:39,272 who don't express remorse? 623 00:25:40,874 --> 00:25:41,875 You really want that? 624 00:25:43,443 --> 00:25:45,812 As for the bigger question, 625 00:25:45,846 --> 00:25:47,914 how did he end up in jail to begin with? 626 00:25:49,049 --> 00:25:51,952 A terrible, horrific result, 627 00:25:51,985 --> 00:25:52,953 no argument here, 628 00:25:52,986 --> 00:25:56,156 but whose fault, really? 629 00:25:58,058 --> 00:26:00,834 Lewis Nyler's wrench was the murder weapon, 630 00:26:00,867 --> 00:26:02,368 two witnesses described him, 631 00:26:02,402 --> 00:26:04,404 one even pulled him out of a lineup, 632 00:26:04,437 --> 00:26:06,272 and he confessed. 633 00:26:06,306 --> 00:26:07,808 Oh, Mr. Donnell, 634 00:26:07,841 --> 00:26:09,876 he left that out of his stirring speech. 635 00:26:09,910 --> 00:26:12,312 Lewis Nyler confessed. 636 00:26:13,446 --> 00:26:14,881 And there was nothing illegal 637 00:26:14,915 --> 00:26:16,382 about that confession. 638 00:26:16,416 --> 00:26:18,351 It was constitutional, 639 00:26:18,384 --> 00:26:20,386 voluntary, valid. 640 00:26:21,722 --> 00:26:24,490 So who do we blame? 641 00:26:26,693 --> 00:26:28,929 The witnesses, who made a mistake? 642 00:26:30,030 --> 00:26:31,331 Good luck. 643 00:26:31,364 --> 00:26:32,999 No witness will ever come forward again 644 00:26:33,033 --> 00:26:34,568 for fear of being sued. 645 00:26:35,636 --> 00:26:37,070 The police or the prosecutors 646 00:26:37,103 --> 00:26:38,572 for relying on those witnesses, 647 00:26:38,605 --> 00:26:39,973 as well as the other evidence, 648 00:26:40,006 --> 00:26:42,008 including a murder weapon 649 00:26:42,042 --> 00:26:43,744 and a confession? 650 00:26:45,411 --> 00:26:46,680 The parole board for believing 651 00:26:46,713 --> 00:26:48,982 in a prisoner's guilt post-conviction? 652 00:26:51,818 --> 00:26:53,720 Now, if you are desperate 653 00:26:53,754 --> 00:26:56,523 to find blame here, 654 00:26:56,557 --> 00:26:58,825 you might start with Mr. Nyler. 655 00:27:00,567 --> 00:27:01,735 He lied. 656 00:27:02,969 --> 00:27:05,839 Maybe he was vulnerable after a lengthy interrogation. 657 00:27:05,872 --> 00:27:07,040 I'll give you that, 658 00:27:07,073 --> 00:27:09,375 but let's face it, we might not be here 659 00:27:09,409 --> 00:27:12,312 if Lewis Nyler had not signed that confession, 660 00:27:12,345 --> 00:27:14,915 saying that he committed the crime. 661 00:27:17,050 --> 00:27:19,753 And as for why the state 662 00:27:19,786 --> 00:27:22,556 hasn't done a better job asking questions, 663 00:27:22,589 --> 00:27:24,190 analyzing mistakes, 664 00:27:24,224 --> 00:27:27,327 Mr. Donnell certainly is idealistic. 665 00:27:28,529 --> 00:27:30,263 The reason that our criminal justice system 666 00:27:30,296 --> 00:27:31,565 is the best in the world 667 00:27:31,598 --> 00:27:33,767 is because it is so thoroughly 668 00:27:33,800 --> 00:27:35,468 adversarial. 669 00:27:36,737 --> 00:27:38,739 The check that we have 670 00:27:38,772 --> 00:27:40,406 against false convictions, 671 00:27:40,440 --> 00:27:42,976 the best check-- the defense attorney. 672 00:27:44,410 --> 00:27:47,347 And I have to ask 673 00:27:47,380 --> 00:27:49,215 if the IDs of those witnesses 674 00:27:49,249 --> 00:27:50,584 were impeachable, 675 00:27:50,617 --> 00:27:52,452 if that confession 676 00:27:52,485 --> 00:27:53,954 was suspect, 677 00:27:53,987 --> 00:27:56,189 if that DNA existed 678 00:27:56,222 --> 00:27:58,725 for 15 years, 679 00:27:58,759 --> 00:28:01,602 where, I ask, was his lawyer? 680 00:28:04,370 --> 00:28:06,139 Now, 681 00:28:06,172 --> 00:28:08,074 if Mr. Donnell and all of his idealism, 682 00:28:08,108 --> 00:28:10,010 is suggesting that we do our jobs 683 00:28:10,043 --> 00:28:12,679 as well as his, 684 00:28:12,713 --> 00:28:14,447 well, 685 00:28:14,480 --> 00:28:16,950 there's burden 686 00:28:16,983 --> 00:28:19,319 and then there's burden. 687 00:28:26,893 --> 00:28:28,028 DOLE: The thing about Lander, 688 00:28:28,061 --> 00:28:29,162 he's a fair judge, 689 00:28:29,195 --> 00:28:30,564 smart, 690 00:28:30,597 --> 00:28:32,198 but he's extremely active. 691 00:28:32,866 --> 00:28:33,834 Okay. 692 00:28:33,867 --> 00:28:35,301 His docket is also pretty congested, 693 00:28:35,335 --> 00:28:37,504 which means you can expect some intolerance. 694 00:28:37,538 --> 00:28:38,238 Why? 695 00:28:38,271 --> 00:28:40,340 You're suing a town 696 00:28:40,373 --> 00:28:42,709 for having a soccer program. 697 00:28:42,743 --> 00:28:43,844 Also, 698 00:28:43,877 --> 00:28:45,879 he has a bit of a reputation 699 00:28:45,912 --> 00:28:47,147 for beating up on the weak, 700 00:28:47,180 --> 00:28:48,414 and... 701 00:28:48,448 --> 00:28:50,216 he doesn't much like women. 702 00:28:50,717 --> 00:28:51,818 Great. 703 00:28:51,852 --> 00:28:53,587 You need to stand your ground, Claire. 704 00:28:54,254 --> 00:28:56,156 Right. Okay. 705 00:28:59,693 --> 00:29:01,134 Would you like me to do this? 706 00:29:01,902 --> 00:29:02,969 Why do you ask that? 707 00:29:03,003 --> 00:29:04,571 Well, you... 708 00:29:05,105 --> 00:29:06,607 you seem uneasy. 709 00:29:09,209 --> 00:29:10,410 Claire, 710 00:29:13,647 --> 00:29:15,348 please, please, don't be offended 711 00:29:15,381 --> 00:29:16,783 by what I'm about to say. 712 00:29:18,318 --> 00:29:20,921 Some lawyers though very capable, 713 00:29:20,954 --> 00:29:22,823 extremely intelligent 714 00:29:22,856 --> 00:29:25,592 aren't quite equipped to be trial attorneys. 715 00:29:25,626 --> 00:29:27,828 It takes a certain stomach. 716 00:29:29,730 --> 00:29:32,799 I'm not saying that you lack the stomach. 717 00:29:32,833 --> 00:29:34,535 I'm just saying that, uh, 718 00:29:34,568 --> 00:29:35,769 that it's no great shame-- 719 00:29:35,802 --> 00:29:37,971 I feel quite strongly I'm equipped. 720 00:29:39,873 --> 00:29:41,174 Okay. 721 00:29:43,610 --> 00:29:45,579 If, uh, if you need any more help, 722 00:29:45,612 --> 00:29:47,781 just, uh, just call me, okay? 723 00:29:48,248 --> 00:29:49,516 Uh-hmm. 724 00:29:50,917 --> 00:29:51,718 DOLE: I'll see you in there. 725 00:29:51,752 --> 00:29:52,686 Okay. 726 00:29:52,719 --> 00:29:55,656 (music playing) 727 00:30:16,316 --> 00:30:17,217 No word? 728 00:30:20,253 --> 00:30:21,622 Not yet. 729 00:30:24,124 --> 00:30:26,159 They haven't been out too long, really. 730 00:30:28,094 --> 00:30:28,895 (clears throat) 731 00:30:34,568 --> 00:30:35,536 You've been beating yourself up 732 00:30:35,569 --> 00:30:36,670 pretty good over this one. 733 00:30:37,270 --> 00:30:40,040 I think it should be a law. 734 00:30:40,073 --> 00:30:42,609 For any crime where the defendant faces prison 735 00:30:42,643 --> 00:30:44,878 for ten years or more, 736 00:30:44,911 --> 00:30:46,580 the attorney should be required 737 00:30:46,613 --> 00:30:48,214 to have at least five years 738 00:30:48,248 --> 00:30:49,382 of experience. 739 00:30:49,783 --> 00:30:52,052 Problem is, 740 00:30:52,085 --> 00:30:54,921 most lawyers, once they get that much experience, 741 00:30:54,955 --> 00:30:56,289 tend to have paying clients. 742 00:30:57,257 --> 00:30:58,725 And the last thing they want 743 00:30:58,759 --> 00:31:00,534 are criminal cases. 744 00:31:00,567 --> 00:31:04,004 That's what makes our work so noble, 745 00:31:04,037 --> 00:31:05,038 remember? 746 00:31:07,674 --> 00:31:09,576 Bobby, you're never gonna believe 747 00:31:09,610 --> 00:31:11,177 who's here to see you. 748 00:31:21,955 --> 00:31:23,189 Could you get me off a jury? 749 00:31:23,223 --> 00:31:24,558 YOUNG: Come on, Lucy. 750 00:31:28,795 --> 00:31:30,997 (sighs) If your therapist sent you here, I'm not-- 751 00:31:31,031 --> 00:31:32,165 That's not it. 752 00:31:32,699 --> 00:31:33,767 Then what is it? 753 00:31:35,836 --> 00:31:37,771 Look, 754 00:31:37,804 --> 00:31:38,805 Bobby, 755 00:31:40,541 --> 00:31:42,609 I'd be lying if I said I... 756 00:31:42,643 --> 00:31:44,711 didn't enjoy getting the better of you. 757 00:31:44,745 --> 00:31:45,779 I do. 758 00:31:47,213 --> 00:31:50,150 But what I wanna clear up, and, uh, 759 00:31:50,183 --> 00:31:51,585 you can dismiss this if you-- 760 00:31:51,618 --> 00:31:53,086 Just say it, Ken. 761 00:31:54,521 --> 00:31:56,356 When those DNA results came back 762 00:31:56,389 --> 00:31:59,059 clearing your guy, 763 00:31:59,092 --> 00:32:01,134 it was devastating 764 00:32:01,167 --> 00:32:03,303 not because I lost a conviction, 765 00:32:04,404 --> 00:32:06,239 but because... 766 00:32:06,272 --> 00:32:07,808 to think I played a part 767 00:32:07,841 --> 00:32:09,743 in someone doing time. 768 00:32:10,811 --> 00:32:12,846 No prosecutor sits well with it. 769 00:32:14,615 --> 00:32:17,050 And I bet... 770 00:32:17,083 --> 00:32:19,520 though it was news you were hoping to get 771 00:32:22,155 --> 00:32:23,957 on some level, 772 00:32:23,990 --> 00:32:27,160 it was devastating for you, too. 773 00:32:30,531 --> 00:32:31,998 That it? 774 00:32:37,203 --> 00:32:38,972 Oh, piss off, then. 775 00:32:42,643 --> 00:32:43,944 (door slams) 776 00:32:48,882 --> 00:32:50,617 Imagine the floodgate 777 00:32:50,651 --> 00:32:51,818 of litigation. 778 00:32:52,418 --> 00:32:54,287 First, we're suing over soccer injuries. 779 00:32:54,320 --> 00:32:56,389 Tomorrow, football players will be lining up. 780 00:32:56,422 --> 00:32:58,224 After that, hockey, 781 00:32:58,258 --> 00:32:59,693 wrestling, 782 00:32:59,726 --> 00:33:01,001 come on. 783 00:33:01,034 --> 00:33:02,936 Kids sometimes get hurt 784 00:33:02,969 --> 00:33:04,037 playing sports. 785 00:33:04,070 --> 00:33:06,840 It's a fact. It's common sense. 786 00:33:06,873 --> 00:33:08,108 It's also common sense 787 00:33:08,141 --> 00:33:10,511 that a town can't have parents 788 00:33:10,544 --> 00:33:12,278 suing them every time there's an accident. 789 00:33:12,879 --> 00:33:14,648 I would add to that, Your Honor, 790 00:33:14,681 --> 00:33:17,684 that the plaintiff signed a waiver, 791 00:33:17,718 --> 00:33:20,220 waiving any and all negligence lawsuits 792 00:33:20,253 --> 00:33:22,222 based upon injuries from soccer. 793 00:33:22,255 --> 00:33:24,057 In short and accordingly, 794 00:33:24,090 --> 00:33:25,726 this action should be dismissed immediately 795 00:33:25,759 --> 00:33:26,727 as a matter of law, 796 00:33:26,760 --> 00:33:28,862 also as a matter of simple practicality, 797 00:33:28,895 --> 00:33:32,633 because this is just plain silly. 798 00:33:35,401 --> 00:33:36,903 LANDER: Ms. Wyatt? 799 00:33:44,377 --> 00:33:45,879 Ms. Wyatt, 800 00:33:45,912 --> 00:33:47,748 do you have a response? 801 00:33:51,752 --> 00:33:52,919 You okay? 802 00:33:54,120 --> 00:33:55,288 (clears throat) 803 00:34:00,026 --> 00:34:02,002 Your Honor, 804 00:34:02,035 --> 00:34:03,870 Timothy Boyd is a young boy 805 00:34:03,904 --> 00:34:06,439 who chose to play soccer in a program that-- 806 00:34:06,472 --> 00:34:08,642 The town is full of young boys playing soccer, counsel. 807 00:34:08,675 --> 00:34:11,244 They break legs, bump heads, get concussions. 808 00:34:11,277 --> 00:34:13,113 It's a contact sport, for God's sake. 809 00:34:13,146 --> 00:34:14,848 That's why they sign waivers. 810 00:34:14,881 --> 00:34:16,249 Yes, but we're not talking about 811 00:34:16,282 --> 00:34:18,985 a hazardous game where accidents can happen. 812 00:34:19,019 --> 00:34:20,787 We're alleging that the game itself 813 00:34:20,821 --> 00:34:22,556 is inherently unsafe, 814 00:34:22,589 --> 00:34:25,058 that even when played correctly without mishap, 815 00:34:25,091 --> 00:34:27,293 it can still result in neurological injuries, 816 00:34:27,327 --> 00:34:28,929 as it did with Timothy Boyd. 817 00:34:28,962 --> 00:34:30,897 Come on, counsel, I got precedents staring me 818 00:34:30,931 --> 00:34:32,165 right in the face here. 819 00:34:32,198 --> 00:34:34,034 You can't hold a city liable 820 00:34:34,067 --> 00:34:35,636 for injuries in a soccer game. 821 00:34:35,669 --> 00:34:36,803 Did you read these cases? 822 00:34:36,837 --> 00:34:38,972 I read them, Your Honor. 823 00:34:39,005 --> 00:34:41,341 And I don't interpret them to bar the type of lawsuit 824 00:34:41,374 --> 00:34:42,543 that we're bringing. 825 00:34:42,576 --> 00:34:44,244 You wouldn't. 826 00:34:45,546 --> 00:34:46,847 You'll agree soccer 827 00:34:46,880 --> 00:34:49,349 would be a hazardous recreational activity 828 00:34:49,382 --> 00:34:50,751 under the case law, wouldn't you? 829 00:34:58,158 --> 00:35:00,601 Wouldn't you Ms. Wyatt? 830 00:35:04,771 --> 00:35:06,239 WYATT: I'm sorry. 831 00:35:06,272 --> 00:35:08,609 LANDER: Let me read some of the language for you, 832 00:35:08,642 --> 00:35:09,309 counsel. 833 00:35:10,844 --> 00:35:12,713 "Soccer, unquestionably, 834 00:35:12,746 --> 00:35:15,682 is a hazardous activity, within the meaning of--" 835 00:35:15,716 --> 00:35:17,117 WYATT: But the hazard they're talking about 836 00:35:17,150 --> 00:35:18,519 relates to body contact. 837 00:35:19,319 --> 00:35:20,453 So what? 838 00:35:20,486 --> 00:35:21,955 WYATT: Look, we all know 839 00:35:21,988 --> 00:35:24,057 when kids play football, 840 00:35:24,090 --> 00:35:25,692 or basketball, or hockey, 841 00:35:25,726 --> 00:35:26,827 bones get broken. 842 00:35:26,860 --> 00:35:29,062 We can't have parents running into court 843 00:35:29,095 --> 00:35:30,964 to sue every time something like that happens. 844 00:35:30,997 --> 00:35:32,633 I totally agree. 845 00:35:32,666 --> 00:35:34,801 But this case isn't that. 846 00:35:35,435 --> 00:35:37,370 Soccer calls for heading. 847 00:35:37,403 --> 00:35:39,405 It encourages, promotes, 848 00:35:39,439 --> 00:35:41,174 and demands the very activity 849 00:35:41,207 --> 00:35:42,776 that's doing the damage. 850 00:35:42,809 --> 00:35:43,944 That makes this case different 851 00:35:43,977 --> 00:35:47,047 from anything anticipated by the case law 852 00:35:47,080 --> 00:35:49,349 or the Massachusetts Claims Torts Act. 853 00:35:49,382 --> 00:35:51,051 But even if you're right, 854 00:35:51,084 --> 00:35:52,786 counsel, 855 00:35:52,819 --> 00:35:54,788 you have assumption of the risk problems. 856 00:35:54,821 --> 00:35:56,056 Certainly, your client knew 857 00:35:56,089 --> 00:35:57,223 that heading was part of the game. 858 00:35:57,924 --> 00:35:59,693 But he didn't know it was dangerous. 859 00:36:00,166 --> 00:36:01,735 The defendant didn't even know. 860 00:36:01,768 --> 00:36:04,204 How do you know what the defendant knew? 861 00:36:04,237 --> 00:36:05,939 Well, I'm assuming had they known the risks, 862 00:36:05,972 --> 00:36:07,340 they would've mandated helmets. 863 00:36:08,008 --> 00:36:11,377 Well, if they weren't aware of the risk, 864 00:36:11,411 --> 00:36:12,779 then how can they be negligent 865 00:36:12,813 --> 00:36:14,915 for failing to safeguard against it? 866 00:36:19,485 --> 00:36:21,688 Did you hear my question, counsel? 867 00:36:21,722 --> 00:36:23,289 I heard it. 868 00:36:26,827 --> 00:36:28,962 The essence of our negligence claim 869 00:36:28,995 --> 00:36:30,664 is that the city failed 870 00:36:30,697 --> 00:36:33,366 to properly ascertain the degree of danger. 871 00:36:33,399 --> 00:36:35,401 Along with every municipality in the country, 872 00:36:35,435 --> 00:36:37,704 then for that matter, the world. 873 00:36:38,338 --> 00:36:40,273 That may be true, 874 00:36:40,306 --> 00:36:41,875 but lawsuits, especially ones 875 00:36:41,908 --> 00:36:43,644 based on theories of negligence, 876 00:36:43,677 --> 00:36:46,046 are primarily about allocating burden. 877 00:36:46,079 --> 00:36:49,049 Who's better able to bear the burden of fixing the problem? 878 00:36:49,082 --> 00:36:50,884 That's the questions courts ask. 879 00:36:50,917 --> 00:36:52,252 Well, here, I ask you, 880 00:36:52,953 --> 00:36:54,521 who's in a better position to detect 881 00:36:54,555 --> 00:36:56,757 whether soccer's an inherently unsafe sport, 882 00:36:56,790 --> 00:36:58,358 a municipality 883 00:36:58,391 --> 00:37:00,060 or an eight year-old boy? 884 00:37:00,093 --> 00:37:02,201 Fine. Then under your logic, 885 00:37:02,235 --> 00:37:03,603 if it were suddenly determined 886 00:37:03,637 --> 00:37:07,340 that running causes cancer, 887 00:37:07,373 --> 00:37:10,510 you could sue city field-and-track programs 888 00:37:10,544 --> 00:37:12,779 because the city is in a better position 889 00:37:12,812 --> 00:37:13,980 to make the discovery. 890 00:37:14,013 --> 00:37:16,916 No, that's not the same. Why not? 891 00:37:16,950 --> 00:37:19,419 Because the idea that running causes cancer, 892 00:37:19,452 --> 00:37:21,622 that's wildly unforeseeable. 893 00:37:21,655 --> 00:37:23,524 The notion that kids heading soccer balls 894 00:37:23,557 --> 00:37:25,559 can cause brain damage is not, 895 00:37:25,592 --> 00:37:27,160 especially since we all know 896 00:37:27,193 --> 00:37:29,062 that young brains are not fully matured, 897 00:37:29,095 --> 00:37:31,598 especially since doctors have been saying it, 898 00:37:31,632 --> 00:37:33,934 especially since there are studies documenting it. 899 00:37:34,601 --> 00:37:36,169 And since it's a question of fact, 900 00:37:36,202 --> 00:37:37,971 I would also-- All right, I've heard enough. 901 00:37:38,004 --> 00:37:39,339 With all due respect, Your Honor, 902 00:37:39,372 --> 00:37:40,373 I'm not quite finished. 903 00:37:40,406 --> 00:37:41,875 I said... 904 00:37:42,676 --> 00:37:44,344 I've heard enough, counsel. 905 00:37:51,585 --> 00:37:53,386 Defendant's motion to dismiss 906 00:37:53,419 --> 00:37:54,988 is denied. 907 00:37:55,021 --> 00:37:57,257 The trial date will be set the first week in March. 908 00:37:57,958 --> 00:37:58,825 Adjourned. 909 00:37:59,292 --> 00:38:00,133 (gavel bangs) 910 00:38:08,374 --> 00:38:10,944 He really said that, right? We won the motion? 911 00:38:10,977 --> 00:38:12,478 How many times are you gonna ask me? 912 00:38:12,513 --> 00:38:14,280 Well, I just keep thinking it's a mistake 913 00:38:14,314 --> 00:38:16,349 or some practical joke. 914 00:38:17,984 --> 00:38:20,521 I actually beat John Wicker 915 00:38:20,554 --> 00:38:22,656 in a summary-judgment hearing. 916 00:38:22,689 --> 00:38:23,957 Thank you, Lindsay. 917 00:38:23,990 --> 00:38:25,291 Hey, you did it. 918 00:38:25,325 --> 00:38:26,727 I just sat there. 919 00:38:27,293 --> 00:38:30,096 But your being there by my side 920 00:38:30,130 --> 00:38:32,298 gave me some credibility, I know. 921 00:38:32,332 --> 00:38:34,134 Hopefully, now I'll be able to settle. 922 00:38:34,167 --> 00:38:36,402 Listen, I know I said you could stay here 923 00:38:36,436 --> 00:38:38,471 a full three weeks, 924 00:38:38,505 --> 00:38:40,206 but I'd like to go back on my word a little 925 00:38:41,608 --> 00:38:43,343 and offer you a full-time job. 926 00:38:44,678 --> 00:38:45,679 What? 927 00:38:46,412 --> 00:38:48,782 I'd also like to retract my doubt over you 928 00:38:48,815 --> 00:38:50,050 being a trial lawyer. 929 00:38:52,553 --> 00:38:54,555 You're offering me a job? 930 00:38:54,588 --> 00:38:56,322 You're equipped, Claire. 931 00:38:58,024 --> 00:39:00,133 You belong in that room. 932 00:39:09,475 --> 00:39:10,376 KIRKLAND: Mr. Foreman, 933 00:39:10,410 --> 00:39:12,045 has the jury reached a verdict? 934 00:39:12,078 --> 00:39:13,213 We have, Your Honor. 935 00:39:13,246 --> 00:39:14,948 In the matter of Lewis Nyler 936 00:39:14,981 --> 00:39:17,383 versus the Commonwealth of Massachusetts, et al, 937 00:39:17,417 --> 00:39:18,084 how find you? 938 00:39:19,019 --> 00:39:21,487 As to the claim of wrongful imprisonment, 939 00:39:21,522 --> 00:39:23,089 we the jury find 940 00:39:23,123 --> 00:39:24,124 for the plaintiff, 941 00:39:24,157 --> 00:39:25,626 Lewis Nyler. 942 00:39:26,259 --> 00:39:28,629 As to compensatory damages, 943 00:39:28,662 --> 00:39:31,364 we order the defendants to pay Lewis Nyler 944 00:39:31,397 --> 00:39:32,933 $400,000. 945 00:39:33,700 --> 00:39:36,469 As to punitive damages based on intentional 946 00:39:36,503 --> 00:39:38,939 or reckless false imprisonment, 947 00:39:38,972 --> 00:39:41,908 we order the defendants to pay Lewis Nyler 948 00:39:41,942 --> 00:39:42,776 nothing. 949 00:39:43,710 --> 00:39:44,745 KIRKLAND: Ladies and gentlemen of the jury, 950 00:39:44,778 --> 00:39:47,147 the court thanks you for your service. 951 00:39:47,180 --> 00:39:48,148 You are dismissed. 952 00:39:48,181 --> 00:39:49,850 We are adjourned. 953 00:39:49,883 --> 00:39:50,817 (gavel bangs) 954 00:39:53,687 --> 00:39:55,121 Congratulations. 955 00:39:55,656 --> 00:39:57,591 It didn't exactly send a message, but-- 956 00:39:57,624 --> 00:39:59,025 It was something. 957 00:40:00,734 --> 00:40:01,902 Yeah. 958 00:40:05,271 --> 00:40:07,508 Listen, Lewis, uh, 959 00:40:07,541 --> 00:40:08,775 it needs to be said. 960 00:40:08,809 --> 00:40:10,443 No, 961 00:40:10,476 --> 00:40:12,145 it doesn't, Bobby. 962 00:40:14,447 --> 00:40:15,782 May I ask... 963 00:40:17,651 --> 00:40:19,553 why'd you even want me for this trial? 964 00:40:21,054 --> 00:40:22,388 It's not as if-- 965 00:40:24,891 --> 00:40:26,860 Project Innocence got you out. 966 00:40:26,893 --> 00:40:28,294 I was the one... 967 00:40:33,499 --> 00:40:35,235 why? 968 00:40:35,268 --> 00:40:37,303 I knew you'd be motivated. 969 00:40:42,442 --> 00:40:43,777 I'm sorry, Lewis. 970 00:40:47,147 --> 00:40:48,915 I wish I could give you back those years. 971 00:40:49,883 --> 00:40:51,685 Yeah. 972 00:40:51,718 --> 00:40:53,754 Thank you, Bobby. 973 00:40:59,693 --> 00:41:02,636 (music playing) 974 00:41:08,208 --> 00:41:10,343 WYATT: I'll just be a couple of minutes. Thank you. 975 00:41:10,376 --> 00:41:11,912 MAN: No problem. 976 00:41:52,753 --> 00:41:55,689 (music playing) 977 00:42:28,729 --> 00:42:30,130 WOMAN: Next on "The Practice." 978 00:42:30,163 --> 00:42:32,699 And you're telling me I could actually go away for life, 979 00:42:32,733 --> 00:42:35,101 simply because I happened to look like somebody? 980 00:42:35,135 --> 00:42:37,538 BERLUTI: Like somebody who stabbed three women. 981 00:42:37,571 --> 00:42:39,840 Get them to flash his rage, push him. 982 00:42:39,873 --> 00:42:42,142 Why? Because you're the prototype 983 00:42:42,175 --> 00:42:43,409 of the women he kills. 984 00:42:44,310 --> 00:42:46,112 You speak as a defeatist. 985 00:42:46,146 --> 00:42:48,048 I speak as a realist. 986 00:42:48,081 --> 00:42:49,683 The public wants to lynch somebody. 987 00:42:49,716 --> 00:42:52,418 Right now, your son is the only offering. 988 00:42:55,756 --> 00:42:58,692 (music playing) 989 00:43:21,955 --> 00:43:23,189 WOMAN: You stinker! 990 00:43:23,223 --> 00:43:26,192 (music playing) 66987

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