All language subtitles for Law.and.Order.Trial.By.Jury.S01E04

[Man Narrating] In the
criminal justice system...

all defendants are
innocent until proven guilty,

either by confession,
plea bargain or trial by jury.

This is one of those trials.

She said she was staying with her
friend Jennifer, out near us in Woodhaven.

Oh, when the
police called and...

They said they found
a body. I thought,

"It can't be our daughter."

We knew she was seeing Justin.

But we liked him.

I can't imagine how
this could happen.

I thought Kristen
went home. Home?

Somebody put two bullets in her head a
hundred yards from your front door, Justin.

That's your girlfriend.
You don't seem too upset.

I'm upset!

I'm totally freaked out! So let's
talk about your buddy Carter.

So, Carter, you knew Kristen
Ames, Justin's girlfriend?

I mean, I saw her, yeah.

You're saying you never talked to
her? Like last night before she was killed?

Yeah, actually, uh, you
know, I saw her with her ex.

Her ex-boyfriend, Danny Wallace.

So, Danny, you dated
Kristen, you got dumped,

she starts banging
your friend Justin.

Gotta be hard to take.

- That's not how it was.
- What time did you leave last night?

I don't remember.

She was arguing
with Danny, not me.

About what? I don't know.

They were outside, and then Justin went
out, you know, to make sure she was okay.

Next thing I heard,
a gun cap two times.

Danny shot her?
That's what Justin said.

Carter told us you
did it. He's lying.

Kristen told me Justin
and Carter raped her.

I was passed out. She
wanted to go to the cops.

Justin followed her, chased
her into Tompkins Square Park.

He shot her.

Justin shot her? There was
nothing I could do. I swear.

Am I under arrest?

Not yet, Justin.

But I'd get comfortable.

I wanna call my
father. I want a lawyer.

Justin lawyered up, and we have
conflicting statements from the other two.

Danny says he saw it
go down. You buy that?

Well, I might have...

till Danny took off his jacket.

Nitrate. Gunshot residue?

We're gonna log it into
evidence, test for G.S.R.

All right, I'll get a statement from
Danny, and try to get one from Carter.

Then you can charge them
all with second-degree murder.

You know,

I almost believed the kid.

Everybody lies.

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[Kibre] Her blood alcohol
was four times the limit.

We know Carter and Justin had sex with
her, probably while she was passed out.

Apparently, Danny didn't.

It looks like when she realized she'd been
raped, she threatened to go to the police.

Danny claims he
offered to take her.

He says Justin followed them, pulled her
into Tompkins Square Park and killed her.

What're you gonna
show the grand jury?

Well, the gun's
probably in the Hudson.

Carter's prints are on shell
casings found at the scene.

And there's nitrates
on Danny's jacket.

Maybe used to muffle gunshots.

Well, that gets you Danny and
Carter, but what about this third kid?

Well, Justin's our
weakest case. He lawyered

up, and we don't have
a statement from him.

We can't even prove rape.
Justin was dating the victim.

The sex could've been
consensual. Doesn't sound like much.

Turn one of the other
two against Justin.

Well, Danny's the
testimony we need.

He claims he saw the murder
go down, but wasn't part of it.

But Carter's statement
points the finger at Danny.

Poor girl.

The thought of losing
a daughter like that.

Try to make a deal, but
everybody does real time.

Two out of three won't do.

[Door Lock Buzzes]

Danny, I'm Dean Conners. The
court assigned me to your case.

I spoke to your mother.

That was my grandma.
My mom's not around.

Well, then your grandmother.
She's coming to the arraignment.

I'll try to arrange a
chance for you to speak.

No, I—She doesn't
need this kind of grief.

Well, I was just thinking if we
needed to raise money for bail.

No, I'm not gonna take her money.
She just gets some Social Security.

Um, so you spoke to the police?

I told them the truth.

Kristen said that Justin and Carter had
raped her, so I was taking her to the cops.

Justin followed us and shot her.

When that happened,
what did you do?

I took off like a coward.

Do you know if they collected any evidence
that could implicate you in the shooting?

I don't know. They
took my jacket.

Why did they do that?

Look, I didn't kill
Kristen. I swear.

Danny, look.

I'm not here to judge you
or to judge what you've done.

I'm here to advocate for you.

Yeah, you don't believe me.

Danny— No, you don't. No.

[Sighs] Neither did the cops.

Everyone thinks I'm guilty.

I believe you. Okay?

Docket number 33004.

People v. Justin Burch. Charge
is murder in the second degree.

[Judge] How do
you plead? Not guilty.

Your Honor, this defendant has
the resources and means to flee.

Given the charge, the
People ask for remand.

We ask for R.O.R. to
his parents, pending trial.

Counsel approach.

What can we live with here?

Your Honor, I have to seriously
question the legitimacy of the charges.

They have no evidence. The defense
will get their discovery when it's time.

You don't want to show your hand,
fine, counselor. But you'll have to bend.

The victim's parents
are here, Your Honor,

expecting to see him held
for their daughter's murder.

So I'll set bail at 800,000,
and you'll argue it.

And we'll accept it.
From what I understand,

this kid's parents
can just write a check.

I said I'll make you look
good. Both of you, step back.

Bail is set at 800,000.

On bond, the defendant will be held
under house arrest with an ankle bracelet.

Next.

I'll have my office draw up the paperwork,
and Justin should be out of here by lunch.

Docket number 33005.

People v. Daniel Wallace. Charge
is murder in the second degree.

- [Judge] Do we have a plea?
- Uh, not guilty, Your Honor.

The People would prefer remand, but we'll
agree to the previous bail recommendation.

$800,000?

Your Honor, the People know
my client is without means.

- Will the court at least accept
a surety of 10%?
- Not on a murder charge.

So the poor sit in jail
while the rich walk free?

So it goes, Mr. Conners.

Docket number 33006.

People v. Carter McSherry. Charge
of murder in the second degree.

The night we first met Danny—

Kristen missed her curfew.

Danny brought her home.
They were both drunk.

And George and I stepped in.

I called his parents.

Hmm, his grandmother.

Parents aren't
even in the picture.

How do you expect a kid
like that to be raised right,

to have good values?

I was worried that
Kristen was seeing him.

Now you tell me you're going to
offer this little son of a bitch a deal?

Well, Danny will serve time.

We're offering him 15 to 25 years
for his testimony against Justin.

All three are responsible
for what happened to Kristen.

Fifteen years? Not 15
years for our daughter's life.

Mr. Ames, you blame
Danny, and I understand that.

But Justin Burch killed her.

A plea from Danny
will help us get him.

Yeah, well, Kristen
didn't get any kind of deal.

[Scoffs]

That went well. Well, what plea
agreement ever made everybody happy?

I'm just saying that— Kelly, we
didn't come here for their permission.

A little more reassurance
might've helped.

You know, some guarantee
they'd all be punished.

It would've been a lie.

You brought us down here
for a sneak peek at discovery,

or do I smell a plea bargain?

Your client's
conviction is right here.

What's the offer? For testimony
against Justin, 15 to 25.

Concurrent on all counts.

Tracey, the problem is, our
guys aren't equally guilty here.

He's right. My guy didn't
even leave the apartment.

Peter, I'll be honest. I know
you want to clear your case.

But Danny's the witness.
He's the one I want to flip.

So you're wasting my
time? No, you're plan "B."

Danny won't cop to rape. He didn't
witness it. He only saw the shooting.

Kibre, you need my guy.

Carter gave Justin the gun. He can
give you the rape and the conspiracy.

Danny can't do that.

All right, that'll
get Carter a plea.

- But I still want Danny.
- I'll talk to him.

[Conners] They found
gunshot residue on your jacket.

If we go to trial, they
very well could convict you.

I wasn't wearing my
jacket. Justin's gonna walk?

He's in a position to do that.

He's got all this
money, fancy lawyers.

I got what?

It's unfair. I agree.

But Justin's money won't
matter if you cooperate.

Carter's getting the same deal.

Well, Carter raped
her. Justin shot her.

All I did— Danny, they
got evidence against you.

It's a good offer.

I'm supposed to say I'm guilty of something
I didn't do? Well, that's your decision.

But I recommend
you take the deal.

Uh, we left Justin's place.

I put my jacket on her shoulders
'cause it was pretty cold.

Justin followed us.
Uh, he was pretty drunk.

He kept threatening her
about if she went to the cops.

Kristen stood up to him,
you know? She pissed him off.

What'd Justin do?
He hit her in the face.

He pulled a gun. I was so
scared, I— I couldn't move.

- Where were you all standing?
- Uh, at the entrance over there.

How did you wind up in here?

Well, she, uh—She ran,

and, uh, he chased her.

And he grabbed her arm.

I mean, it happened so
fast. He was cursing at her.

She... was crying,
trying to get away.

And then he just...
started shooting her.

Did he aim the gun at you?

No.

Well, Danny, you could
have shouted for help.

You could have made
a run for the police.

I should have.

I... wanted to, but I fr-froze.

And then she was
gone. And there was...

nothing that I could really do.

Are we done now?

Sure, Danny. We're done.

So you bribed Carter and Danny?

I knew you'd flip one.
But, uh, are we in trouble?

It just makes it a stronger
case against Justin.

Oh, please. They can't
even get their stories straight.

Danny says that Justin did the
girl. Carter says that Danny did it.

Then why worry?

You know, you're wasting your time in the
D.A.'s office. I'd triple what you make.

You don't want me, Norman. I
have scruples. They have pills for that.

We got two pleas, why not three?

What's the problem,
Norman? My client is innocent.

Yeah, well, you
can tell that to a jury.

Selection begins three
weeks from tomorrow.

Now, Tracey, what about
this motion in limine?

The sexual history of Kristen
Ames is important to our defense.

It's irrelevant, Your Honor. His
client is facing murder charges.

There's a count of
aggravated rape, which is

an issue at the heart
of the People's case.

It's an excuse to sling mud. The
victim was known to be promiscuous.

She had sex with my client and with
Carter McSherry that night by choice.

The victim's questionable virtue goes
directly to Danny Wallace's state of mind.

She had sex with two men. Danny
Wallace killed her out of jealousy.

I read the briefs.

You're reaching, counselor.

Anything else?

All right, see you at trial.

[Carter] Kristen was passed out, but
she woke up while we were doing it.

When she woke up,
what was Justin doing?

Holding her down, I
guess. Don't guess, Carter.

Did he hold her by the arms?
Details are important here.

Okay, he held her by the arms.

- Don't make things up.
- What do ya want me to say?

Justin said I could bang his
girlfriend. What's the big deal?

You want to help your client out with
the basics of a declarative sentence?

It's your prep, Kibre.

You wanted this deal.
You help make it work.

[Gaffney] The defense will use your
original statement from the police,

the fact that you lied
about giving Justin your gun.

They'll say you were lying
then, you could be lying now.

Well, I ain't lying now.

You know what? I'm done
for today. I got a headache.

Today's it, Carter.

- [Chuckles]
- Carter.

Bitch, I said I'm done!

You're done when I say you're done! Now
sit your ass down and answer the questions!

[Carter] Kristen
and Danny took off.

You know, Justin said
for me to give him my gun.

I asked him why, you know.

He said he wasn't gonna
let Kristen go to the cops.

So he was just
gonna shut her up.

[Kibre] Shut her up
about the rape. Yeah.

So, Justin took the gun and
followed Kristen and Danny out.

Then what?

What did you see or hear?

Oh. Yeah. Gunshots.

Later Justin came back
and gave me the gun.

He said he capped the bitch.

Uh, his words.

[Kibre] Did you get rid
of the murder weapon?

Threw it off the
Williamsburg Bridge.

Nothing further.

Fascinating, Mr. McSherry.

Let's talk a little
about why you're here.

The deal you made with the D.A.

Life in prison without
parole to... what?

Fifteen to 25. Good deal.

Now, did you discuss with the
prosecutor what you were gonna say here?

Did you get your story straight?

Objection. [Judge
Wright] Sustained.

Now, you've had some past
trouble with the law, correct?

Two assault
convictions as a juvenile,

one attempted rape.

You served two years in
a juvenile facility, correct?

Basically, yeah.

An experienced criminal knows the
truth gets you nowhere. Am I right?

You give the police one
version, the D.A. another—

Whatever they wanna hear—
And you get a better deal.

Objection. Is there
a question here?

Sustained. Mr. Rothenberg?

Justin Burch didn't
really kill Kristen Ames,

did he?

Danny stole my
gun earlier that night.

He was mad at Kristen because
she had sex with me and Justin.

I wasn't there, but Justin
said Danny shot her.

Nothing he could do about it.

- Chambers, Your Honor?
- Let's go.

And can Mr. Voight
join us as well?

[Murmuring]

You want to
explain that backflip?

He was thoroughly
prepped, Your Honor.

Maybe Mr. Voight
should answer that.

Was there any inappropriate
contact between you two?

Absolutely not.

Mr. Voight was debriefed
as part of our discovery.

We had dinner and
discussed the case.

We even split the check.
Interesting. Where'd you go?

Le Bernardin. Debriefed
over a $300 meal?

- Sounds like a job audition.
- You're a self-righteous bitch,
you know that?

Can I quote that
to the ethics board?

You can both cool off in a
cell unless you shut the hell up.

[Gaffney] Your Honor, we'd like to redirect
Carter McSherry as a hostile witness...

- and examine why he changed his testimony.
- That could step on
attorney-client privilege, Judge.

Yeah, expose your
duplicitous counsel.

[Rothenberg] Your Honor, these
accusations are without merit.

The witness caved on the stand.
There was nothing improper.

I'll let you redirect on the
witness's credibility only.

I'm keeping the reins tight.

We'll adjourn for the weekend
then resume... Monday at 10:00.

Danny, our offer still stands.

Well, you're it now.

Uh, yeah, okay. I'm up for it.

Listen, they're gonna go
after you for taking this deal.

They'll say you were angry with Kristen
because she slept with Justin and Carter,

and that you killed
her. That's a lie.

[Gaffney] But they're gonna be tough on
you, okay? You just have to remember...

that you're doing
the right thing.

You're helping yourself.

I'm doing it for Kristen.

Ms. Kibre, can I ask a favor?

Sure.

There is something that I
was hoping that I could do.

Mr. and Mrs. Ames
are here at your request.

They're not under any
obligation to say anything to you.

I think Danny what wanted—
No, I gotta— I gotta do this. Please.

I want you to know
how sorry I am.

Sorry?

Do you realize what
you took from us?

Do you?

Say what you gotta
say, and get it over with.

When you wouldn't...
let Kristen date me,

I got Justin to... pick
her up and bring her out...

so that we could see each other
because I knew that you would accept him...

and think that he
was good enough.

I never thought
Kristen would too.

He didn't love her. I did.

And I feel like what
happened was my fault...

for not protecting her,

for not stopping 'em.

I know you hate me, but you
gotta know how sorry I am.

Everyone that hurt
Kristen should be punished.

I want you to know I'm
not taking Ms. Kibre's deal.

- Hold on a second.
- I'm gonna testify against Justin.

But if I'm getting some deal, nobody's
gonna believe that I'm telling the truth.

Danny— Dan, we need
to talk about this. No.

All three of us, whatever
we get, we deserve it.

Well, in the best of all worlds, a
defendant accepts some responsibility.

It's kind of refreshing.

He does it because he's
guilty or because he feels guilty?

You mean, suppose
he's a good kid?

Suppose he is? It kinda
bothers you, huh? Not knowing.

Yeah. Well, let me
tell you something.

In this job, never give
anybody the benefit of the doubt.

So, Danny helps
us convict Justin,

and to repay the favor, we lock
him away for the rest of his life?

Any leniency you show is gonna
look like an exchange for a favor.

Now, Rothenberg will cry
foul all the way to the bar.

Wouldn't that be ironic?

Look, the bottom line is you don't
know what happened that night.

There's no evidence to
exonerate Danny, right?

Just the opposite. Well,
then, thank God for the law.

Just do what it says.

We came with the delusion
that you had a worthwhile offer.

It's better than a conviction.

You've convicted him?
We're certainly confident today.

He does 15 to 25, and we'll recommend
that he serve his time downstate.

- So Mom and Dad can visit.
- No way I'm doing 15 year...

What happened to
that girl was awful.

For the sake of tragedy, I'll
accept negligent homicide.

- Right. Class "E" felony.
- Probation,

substance-abuse
counseling, no time served.

No jury's gonna find
your client innocent.

You can't prove the rape. It
means you don't have a motive.

No motive, your
evidence means nothing.

Danny Wallace is
gonna testify against him.

He took a plea. No one'll
believe a word he says.

Danny's not testifying under
protection of a plea agreement.

Makes him a hell of a lot
more credible than your client.

Makes him a
defendant, not a witness.

If he doesn't take the
stand, you don't have a case.

If he does,

I can ask him anything I want.

Our offer expires
with this meeting.

Why prolong the inevitable?

Your office told me you'd be here.
Last place I'd have of thought to look.

Well, it's about the only
place I can get any work done.

What can I do for you, Norman? I'm just
a little curious about what you're up to...

This altruistic nonsense
your client is doing.

Danny's just trying to do
the right thing. That's all.

Yeah. Trying to put an innocent young
man in prison for the rest of his life.

Please, Norman.

There's a lot of gray
here for both our guys.

I'm sure a seasoned lawyer
like yourself can smell a win.

The D.A.'s case rests
entirely on what Danny says.

If he incriminates himself, he
takes my client down with him.

On the other hand,

if he decides not to testify,

Justin's memory could
significantly improve.

Would I get Justin as a
witness for Danny's defense?

All we need to do here
is raise reasonable doubt.

That's an interesting
way to practice law.

Well, you know,

one thing you're
forgetting, Norman.

What if Danny's on the level?

How long have
you been doing this?

Your motion is surprising
but valid, Mr. Conners.

Joining these trials certainly
makes economic sense.

Your Honor, binding these
defendants creates complexity.

It has the potential of drawing
a single trial out even longer.

Mr. Conners may not be
aware of it, Your Honor,

but our defense could put
his client in a negative light.

- You mean, you intend to blame him.
- It's a bit more nuanced than that.

There's no joint defense? No.

Your Honor, my client
was not a party to this crime.

In fact, he intends to
testify against Justin Burch.

And because of that, the
district attorney would seek

to delay my client's trial
until after his testimony.

Now, I would not be
providing effective counsel...

if I were to let my client sit in
jail for something that he didn't do.

A speedy trial is the very
least that he should get.

Then he should move for a
speedy trial and not a joinder.

Now, both defendants are
accused of the same crime.

I don't think antagonistic
defenses is sufficient reason...

to maintain severance,
especially given the cost.

Your Honor— Ms. Kibre,

I'm granting the
motion. [Gavel Raps]

What the hell is this about?

You think playing rich against
poor is gonna get Danny a walk?

I don't expect you to defend my
client. My job. I'll do it how I see fit.

What guarantee do I
have that he'll testify?

He says he wants to make this
right. Well, that's not good enough.

Well, it's good enough for me.

Even if Danny's story isn't
rock solid, it's not ridiculous.

It could've happened
the way he said. We went

with his story 'cause
he could get us Justin.

Yeah, that's what we want.
I still don't see the problem.

We believed Danny,
and we gave him 15 to 25.

Now, with no deal, just
the mercy of the court,

he gets a jury to
believe him, he walks.

Okay, maybe they
give him a walk.

That's fine if he's
telling the truth.

The worst thing is when
you sucker yourself.

Okay, I'm Danny. I'm standing
here rubbernecking Kristen's murder.

She's getting killed.
You're here frozen in fear.

There are at least three different places
that were probably open at 3:00 a.m.

The bar, that restaurant
and that bodega.

What's your point?

Well, why did Danny
say he was standing here?

Right here?

I'm not following you.

Well, if he was lying, why didn't he
say he was two blocks from here?

Or that he ran when Justin grabbed
Kristen, then heard the shots?

Then he's telling the truth.

What if somebody saw him here?

Cops canvassed the
area. There's no witnesses.

Danny told the cops, "I
was scared. I was frozen."

He's thinking there's a witness
that's gonna come forward...

and say they saw him
in the park that night.

So he makes his statement,
but the witness never turns up.

Now Danny's
stuck with his story.

But if there was a witness, wouldn't
he have seen Justin and Kristen?

Not necessarily. It was dark.

Turn around.

He would've had a perfect view up
and down Avenue B and East 7th.

Anybody would've
seen him coming.

You're saying he was
playing lookout for Justin?

[Sighs] I don't know.

The kid's either
really honest or...

really smart.

So you're not buying Danny's
sacrificial lamb act anymore.

Well, I'm not sure.

It's possible Danny was
playing lookout for Justin.

If he thinks somebody
saw him that night,

- that may be why he told the police
he witnessed the crime.
- You think you could find that witness?

The cops are recanvassing the
area around Tompkins Square Park.

You're telling me your case is
entirely in the hands of a kid...

who you should
be trying to convict.

Look, Dean
Conners is not stupid.

He knows how a jury
loves an underdog.

Danny will testify.

He'll have to answer
the accusations made by

Justin's defense. I'll
take my shot on cross.

Except when you
impeach Danny's credibility,

you make everything
else he says worthless.

And Justin walks.

There you go, ladies. You've been
outmaneuvered. [Cell Phone Rings]

Yeah?

Okay. She'll be right down.

Kristen's parents are here.

We've prayed about this.

And Karen and I feel...

Well, we may have
misjudged Danny.

We favored Justin...

for the wrong reasons.

And we pushed Kristen
towards him, and...

she died because of it.

Danny cared for her.

We feel some
blame for her death.

Mr. and Mrs. Ames, I sympathize with
what you're going through. I really do.

We want to ask if the murder
charges against Danny can be dropped.

We don't want him going to
prison for the rest of his life.

See, we've forgiven him.

In our hearts.

We have evidence that
suggests his involvement.

The law says we
hold him accountable.

- He was just a witness.
- We don't know what he was.

He didn't kill her.
You know that.

I'm sorry. I have to
prosecute the crime.

[Man] And here we see Kristen Ames
leaving the building with Danny Wallace.

Right after that, we see Justin
Burch following them out the door.

[Kibre] And what's the
time on the footage?

They left the
building at 3:27 a.m.

It correlates with the
estimate time of death,

which was put between
3:00 and 4:00 a.m.

So you inferred
that the murder...

happened shortly after
all three left the building.

Correct.

Thank you, Detective Saunders.

I was, uh, coming out of
the establishment, and, uh...

Over there by the—by the fence, where
the lady is standing with the—with the dog?

I see this guy standing
around, and he sees me, right?

And I figure, who stands on a
corner at 3:00 a.m. unless he's holding.

Did you approach him? I got close enough
to see he wasn't a drug dealer, you know?

So I turned around,
and I walked away.

Half a minute later, I
heard two gunshots.

- This was the guy you saw, right?
- No. No, that's—That's not him.

All right.

What about this guy?

Yeah, yeah, yeah.
That—That's him.

That's him for sure. Yeah.

Did you see anyone else with
him? Another man and a woman?

No, just—just—just him.

Why didn't you come
forward before now?

You think I'm looking
for a headache?

Hey. Hey, uh, you think I
can get a ride across town?

I got an appointment
for my meds.

All right.

We're not actually thinking
of using this guy, are we?

You kidding?

Excuse me? I turned Alphabet
City upside down looking for this guy.

His story proves
Danny was the lookout.

And thank you
for that, Detective.

But I'm not about to stake my case
on the credibility of a perpy witness.

So you're gonna cut him
loose. I didn't say that.

Do an addendum to the witness list. I'll
take it up with the judge in the morning.

But if we're not going to
call him, what's the point?

He's got scare value.

[Kibre] Your Honor, this witness
only came to our attention last night.

We've moved on, Ms. Kibre.

He's an important
percipient witness.

He was near the crime scene and can
offer firsthand observations of the murder.

[Rothenberg] Prosecution's
playing games here, Your Honor.

I have to agree, Your Honor.
They've already rested their case.

Then we ask to revisit the issue
until after the defense has concluded.

Even on rebuttal,
it's unfair surprise.

All right. All right. We'll take the
matter up again at the appropriate time,

see if a rebuttal's in order.

- Your Honor— -
[Wright] Bring in the jury.

Let's get this show going.

This witness they're talking
about— You know this guy?

No, of course not.

Well, this is a
hell of a surprise.

Look, I didn't see anybody else that
night, if that's what you want to know.

I told you I'm innocent. Being
innocent isn't enough, Danny.

Innocent people go to prison all the
time. You understand what I'm saying?

I don't know what this guy's
gonna say, what he thinks he saw.

I need you to be straight
with me here. I am. I swear.

Mr. Conners? Are we ready?

Your Honor, the defense
calls Daniel Wallace.

I watched him shoot her twice.

I couldn't breathe. I
couldn't move. Uh...

When I finally snapped
out of it, I got nauseous.

I was sick about it. Why
didn't you help her, Danny?

I wanted to. I was scared.

I thought Justin was
going to kill me too.

Danny, why are you
testifying here today?

Because I feel like I owe
it to Kristen and her family.

No more questions.

Justin dragged Kristen Ames
into the park and murdered her...

while you stood
frozen in fear, correct?

That's right. So you were
an eyewitness to the crime.

Why did he kill
Kristen and let you live?

I don't know. Uh,
you'd have to ask him.

Well, why didn't you run for help?
Why didn't you go to the police?

I wish I had, but, uh, I
guess I was in shock.

I couldn't believe what
was happening. And then...

afterwards, I kinda lost my
head, seeing Kristen laying there...

But you had the presence of
mind to retrieve your jacket...

from right next to the body.

I barely remember doing that.

I'm wondering,
Danny— [Clears Throat]

While you were
witnessing Kristen's murder,

was there anybody in the area?

Anybody who could've seen you?

Well, there might've, uh, been
someone, now that I think about it.

But... he was across the street. And
then he headed in the other direction.

So— You've never
mentioned this person before.

I'm sorry. I forgot.

So it was just that one
person. Nobody else?

No.

How would you know that?
How could you know that?

You testified that you were
facing the opposite direction,

frozen in fear, watching
Justin kill Kristen.

You know, Danny, I'd love
to talk about the whole truth...

and not just the parts
that make you look good.

- Objection. Argumentative.
- Sustained.

Why'd you let Justin
kill Kristen Ames?

I didn't.

How did you feel when Kristen told
you that Justin and Carter had raped her?

I was angry. That's why me and
Kristen were getting out of there.

You didn't blame her just a little
bit? Maybe feel a little betrayed?

- I didn't do anything to her.
- She hurt you all over again that night,

and you didn't
believe her, did you?

I loved Kristen.

Justin killed her
right in front of me.

Oh, Danny, I know he did. Doesn't
mean you didn't want it to happen.

[Pencil Scratching]

- Any news?
- Jury just broke for dinner.

I doubt they're
coming back tonight.

I know what you're thinking,
Tracey. Don't go there.

I went after Danny.
It didn't help our case.

The jury'll figure it out.

The only thing the jury saw was a
prosecutor beating up on a kid they liked.

He got that look in his eye.

He was lying his heart out.

You saw that.

Yeah, I saw that.

Jury's comin' back.

You okay?

The D.A. made a lot of
accusations without evidence.

You did good.

The jury'll do the right thing.

[Inhales, Exhales]

That, uh,

last-minute witness...

Kibre was bluffing, right?

Don't tell me...

that you've been
lying to me all this time.

Before,

you said whatever I do,
you weren't here to judge me.

That's right, Danny.

I did say that.

That night,

I told her I still loved her.

And she said I wasn't...

the type of person that
she wanted to be with.

You know what that meant?

That meant Justin.

I would've done
anything for her.

And she...

screws these guys
right under my nose.

- They raped her, Danny.
- That is what she said.

What did you do?

I was so mad.

And I'm yelling at her,

and Justin's yelling at her, and he
starts threatening her with his gun.

And I told him... to do it.

I didn't care anymore.

I think I loved her too much.

[Judge Wright] Has the
jury reached a verdict?

We have, Your Honor.
For Justin Burch,

on the charge of the
indictment, how do you find?

[Woman] We find
the defendant guilty.

For Daniel Wallace, on the charge
of the indictment, how do you find?

We find the
defendant not guilty.

[Murmuring]

Thank you, Jury.
You are dismissed.

Congratulations.

You're not celebrating.

What brings you down here?

Rothenberg filed a
notice of appeal for Justin.

It probably won't go
anywhere, but if it does...

Danny's not my
client anymore, Kibre.

He walked. You had a good plan.

Danny's plan. Smart kid.

You believed him.

Wasn't there a
minute you did too?

I wanted to.

[Howling]

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