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NYLER: That's my son there,
Marshall.
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00:00:04,404 --> 00:00:06,006
He looks like a great kid.
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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.
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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.
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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,
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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
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00:01:18,451 --> 00:01:20,353
that convicted you.
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00:01:20,386 --> 00:01:22,623
We obviously can't sue them.
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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...
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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--
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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.
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00:02:20,654 --> 00:02:21,855
My take.
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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.
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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,
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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
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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,
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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.
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00:06:24,324 --> 00:06:25,458
Thank you.
153
00:06:32,599 --> 00:06:33,634
WYATT: Oh, Lindsay,
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00:06:34,568 --> 00:06:36,136
they wanna meet.
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00:06:36,169 --> 00:06:37,971
DOLE: Who?
The defendant,
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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,
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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.
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00:06:49,415 --> 00:06:51,051
Well, if they
wanna discuss settlement,
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00:06:51,084 --> 00:06:52,118
it's best not to appear
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00:06:52,152 --> 00:06:53,854
overanxious.
Right.
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00:06:53,887 --> 00:06:55,989
And I'm sure
it goes without saying,
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00:06:56,022 --> 00:06:57,791
try not to freeze
or vomit.
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00:06:57,824 --> 00:06:59,059
Right.
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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
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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,
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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?
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00:07:23,056 --> 00:07:24,457
As I said,
I didn't believe him
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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?
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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,
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00:07:45,579 --> 00:07:47,113
we did vacate his conviction,
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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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