Original subtitles

They turned it down.

So now what?

We either try it or we up the offer.

I think we could make it go away for 175.

175 would break me.

I got no coverage for this, Jimmy. I know.

If we go to trial... The jury's already sworn in. It would be two or three days.

It's only going to cost you my time. I don't mean the cost of the trial.

I'm asking, what do we win?

I don't know, Peter.

Legally, what you did was an invasion of privacy.

He has a deadly disease. And we'll certainly argue that.

I'm just telling you, I'm not sure we'll win.

Let's go to trial.

I ain't taking murder, too. Why should I take that? That's life. Murder, too.

Why should I take that? That's life.

I'm not necessarily recommending it, Alex.

I'm just making you aware of the state's offer.

Plus, with murder two, there is some possibility of parole. Murder one...

They'll kill me in prison. I know what happens to people like me. They'll kill

me. I know what happens. You have to beat this, Mr. Young.

Well, I don't think I will.

The woman you killed... I didn't.

Allegedly killed.

She's the daughter of a college chancellor. She's got a lot of

And they don't assign Helen Gambler cases for her charm.

You have to take care of this. I didn't do it. You have to make them see that. I

didn't do it!

Even so, you have to realize how it looks.

The police discovered you having sex with her.

But she was already dead. How many times do I have to say it?

So you just found a dead woman in a dumpster and decided to have sex with

Yes.

And you have to make them see that.

I ain't going down for murder, too.

All right.

Look, we're going to have some clothes sent over for you to wear at trial.

We're going to need you to take a shower.

Why?

Because you stink, Mr. Dixon.

You think I'm some kind of animal.

That's what you think.

I'm a human being.

I don't think he is insane.

Plus, he insists he didn't kill her.

I assume Helen's got her fangs out.

Oh, you have no idea.

Can I ask, does Lindsay really need to be on this?

Is that a strategic question?

Or more, you don't want her sitting next to the guy?

Probably the latter, I admit.

I'm okay. It's a court appointment. We have to give him a defense, but we

certainly don't have to provide two attorneys.

I think having a woman at the table helps.

A radio station gave out our number. Some DJ is telling his listeners to call

and tell us we're scum.

Oh, great.

We already knew that.

I'm going to shut down the phones for the morning, so let's everybody take

cellulars. Jimmy, how you doing?

We upped the offer to 125.

He turned us down. Trial starts today.

I'd go higher. Don't start.

He revealed the guy's medical condition. He didn't fire the guy. He quit. After

our client sent out a memo telling the whole world. The guy has AIDS, Rebecca.

He's co -worker. He also has a right to privacy. And they have a right to be

safe. All right, enough of the arguing.

125 is a line in the sand. We start trial today.

And P .S., I've known Peter Hines since high school.

He's not a bigot. All right. You need a second chair?

Thanks. I'll pass on the chairs here.

Your personal island.

Cellulars. Come today, guys.

How did Mr. Hines even find out you had AIDS?

We're required to take physicals for our insurance.

He owns the company. He somehow found out when I was first diagnosed three

ago. But he didn't tell the other employees at Straub until last year.

Yes. He suddenly decided to circulate an inter -office memo to all employees,

which totaled about 90.

Did he give you an explanation as to why he did this?

Yeah, concern for their health.

And what happened, Mr. Mayfield, after this memo was circulated? I began to be

treated differently.

Some people acted like I had the plague.

Others, they were overtly hostile.

I mean, I was no longer welcome to play on our basketball team.

We have an inter -office accountant league, and I was invited to stay home

our team captain.

So basically, you began to be discriminated against.

Yes. I wasn't totally ostracized, though. There are some people in the

whom I've remained friends.

There's even some people who assault me with their sympathy.

They offer me the names of various support groups.

I think they're the worst.

I mean, there is nothing... more oppressive than a well -meaning

the loose.

Mr. Mayfield, how was it no longer tolerable to work there?

Well, I went from being an accountant in good standing, one who enjoyed a

camaraderie with my co -workers, to being the one with AIDS.

The thick one.

But you are the thick one, aren't you, Mr. Mayfield? I don't prefer to see

myself that way.

But you have a fatal disease, don't you?

Yes. And this disease is infectious, isn't it?

Through sexual intercourse and needle use, but not casual office contact.

the spread is not limited to sex and needle use. That isn't true, is it, Mr.

Mayfield? Those are the most common ways it is spread.

It could be spread from kissing, if they were open -mouthed sores.

I wasn't going around kissing. Or if people had cuts on their hands.

I never went to work with cuts on my hands. But what if you accidentally did?

Cut yourself.

What if you took an elbow playing basketball? Got a nosebleed? The risks

you're talking about are so minimal. But does that mean it's your right to

assume them on behalf of everybody else?

A fatal disease which is infectious.

Shouldn't it be a person's right to choose whether he plays in a sport of

physical contact with you?

If I had a cut on my hand, I'd probably like to know which of my colleagues at

work have AIDS.

Does that make me crazy?

The problem, Mr. Berluti, is that there are prejudices and bigotries that go

beyond health issues when it comes to people with AIDS.

My client didn't fire you, did he?

No.

Her

name

was Hillary Brennan.

She was a second -year copywriter at Rogers and Cole.

She worked downtown and would like to walk home after work to her townhouse in

the South End.

Her friends describe her in many wonderful ways, but generous and

two words that had become almost synonymous with her name.

She would never pass a homeless person without offering something.

That was said by her roommate.

Well, she should have passed this one, ladies and gentlemen.

The evidence will show that Alex Dixon raped and strangled Hillary Brennan,

strangled her to death.

The evidence will show that this man continued to rape her after she was

He was still on top of her lifeless body, raping the corpse when Officer

Frierson discovered him.

This is...

This is the ugly part of criminal law.

We deal with crimes that... Fortunately...

At least this one is simple.

I won't have to take up too much of your time with the ugliness.

The ugly part of criminal law is when you convict the wrong person.

Alex Dixon had sex with Hillary Brennan's lifeless body, but he didn't

You're certainly entitled to be disgusted by this man, but you can't

of murder unless the evidence supports that finding, and it won't.

Because somebody else killed Hillary Brennan. It wasn't Alex Dixon.

How long after you got the call did you find him?

About an hour, maybe a little less.

There's a back alley behind Washington. It isn't lit. I decided to go and check

it. And what did you find?

I heard some activity over behind a large dumpster.

I headed that way, shined my light, and there he was.

There who was?

Him.

The defendant.

Could you see what he was doing?

He was engaged in sexual intercourse with a nude female body.

I ordered him to get off the woman and lie on the ground face down, at which

point I handcuffed him.

I then went to check on the woman.

She was dead.

Did you check to see whether the body was warm or cold?

It was still warm.

She was dead when you got there?

I believe so. Did you see my client kill her?

No, I did not, but she hadn't been dead for very long. Excuse me.

Did you see my client kill her?

No. Any thumb or fingerprints or bruise indentations that matched up with my

client?

No. You also noted the woman smelled of garbage.

Yes. Any idea how she got that smell?

She was probably in the dumpster.

Thank you, officer.

I think she was hiding in the dumpster. Get away from her.

Why don't you argue that, then? I can't prove it.

It's a date, I thought. Have you guys set a date yet?

June 17th. The invitations go out next week.

Okay, and then how soon after before we have a little Bobby?

You'll be the first to know, Helen.

Of course I will.

Let me ask you guys something.

A wedding?

A baby? She's already got me pregnant.

Well, how do you take these cases and then go home?

The judge assigned it, Helen. I know, but you could have... What's the point?

I didn't mean anything, Eugene. I was just asking. I'm sick of people asking

that question. It's a stupid question.

We get it everywhere we go. You think about that? I don't expect to be getting

it from a DA.

Eugene, especially when we're supposed to be having a nice dinner as friends.

Okay.

Sorry.

Excuse me.

This eyewitness is pretty much the whole case, so if there's... He's a liar.

Billy Biggs never told the truth his whole life. About nothing.

If I hadn't have found that girl first, he would have been right there, taking

his poke.

You could quote me on that.

I don't believe I will.

Alex, we need facts to trip up Mr. Bix.

He's a liar.

That's a fact. Can you give us specific incidents of his lying? Right here, he's

lying about this.

Okay.

We'll see you in the courtroom.

Right there, lying about this.

We could go with that, Eugene.

The eyewitness is motivated by jealousy because he didn't get to take his poke

with the corpse.

This is all funny to you?

What am I missing, Eugene?

You've made a career out of defending dirtbags. What's changed?

Maybe I'm getting sick of it.

Sharon and I split again.

I'm sorry.

When? Three days ago.

Kendall asked me the same question Helen did last night, and I couldn't answer

it. Then she asked me later. We got into this big fight, and... Here I am.

Look, I could handle this case alone. Maybe that would... I'm going to win,

Lindsay.

Make no mistake about that.

We'd better get in.

I was at the corner of Washington and Boylston.

It was about 8 .30 or so.

At night?

Yes. That's when I saw him.

Him being the defendant?

That's correct.

And he was with the woman.

What woman, sir?

Hillary Brennan.

I identified her from the photographs.

Could you tell what they were doing?

Talking. I assume Alex was asking her for money.

Were they arguing or... No, no, no. As a matter of fact, she was smiling.

Do you know the defendant?

Yes, I met him on the street many times.

And you're definitely sure it was him, this man, talking to Hillary Brennan

night?

I'm positive.

And you're sure it was around 8 .30?

Yes, I am.

Thank you.

What were you doing on the streets at 8 .30, Mr. Bix?

I was soliciting clients.

Soliciting clients?

You were panhandling.

That's what some people call it. You pretty much live on the streets.

I do.

Did the prosecution buy you those nice clothes?

Objection. When a witness testifies, he puts his demeanor into evidence. This

witness has had part of his demeanor paid for by the prosecution. And exactly

where did the defendant's outfit come from? From a charity who helps innocent

people wrongly charged with crimes.

Objection moved to strike. All right, all right, that's enough. We will have

more discussion as to wardrobe. The jury will not give any weight to the

clothes.

You were arrested the night of the murder, weren't you, Mr. Bix?

Yes, but much later.

Drunk and disorderly conduct?

I was sober when I saw your client. How many times have you been arrested for

drunk and disorderly conduct, sir? Objection.

Overruled. More than five?

Maybe. More than ten?

I don't know. In fact, this was your 11th time. And after the last one, you

told the next one meant jail time.

Isn't that right, Mr. Bix?

Yes. Are you going to be serving time for your 11th arrest?

I don't think so. Because you had something to offer.

Didn't you, Mr. Bix? You decided to hand over Mr. Dixon in exchange for serving

no time. Is that why you made this story up?

Objection. Overruled. Did you make up this story, Mr. Bix? No.

They needed to place my client with the victim alive, and you decided to offer

your services, didn't you? I'm not lying. I saw him with that woman. But

make a deal in exchange for the testimony, didn't you, Mr. Bix?

Yes. Yes.

And you say you were sober when you saw my client with Miss Brennan. Was that

your testimony?

Yes. Well, according to three different witnesses, you were seen drinking as

early as 4 o 'clock that afternoon.

But I wasn't drunk.

You're an alcoholic, aren't you, Mr. Bix? Well, I like to drink, yeah, but

whether that makes me an alcoholic... Nothing further.

You'd known he'd had AIDS for three years?

Yes.

And I kept a secret.

Well, what changed?

I saw on the news.

Those two guys stopped to help this guy in a car accident.

He wasn't breathing.

They both did mouth -to -mouth.

Turned out that the accident victim had AIDS.

And now these two Samaritans are at risk.

They have to go for AIDS tests for the next few years.

So I thought, what if something like that happens here?

Suppose Wayne has a heart attack.

Or he blacks out.

Well, it certainly is possible given his immune system.

And then suppose somebody at work goes to resuscitate him.

I mean, wouldn't I be a little bit liable?

I know he has AIDS. I don't tell.

You know, the people who work for me... So...

You felt it was your legal responsibility.

And my moral one, to be honest.

I put my trust in these people.

And I asked these people to trust me.

How can I sit on information that could possibly threaten their lives?

Did any doctor advise you that Mr. Mayfield might be a health risk to

else? No.

Did any medical professional advise you to reveal my client's condition?

No. But probably because doctors are more afraid of being sued than anybody.

Did you consider the possibility that Mr. Mayfield may be stigmatized by your

memo? That he might suffer from discrimination as a result of this

Yes.

But I weighed that risk against the potentially fatal one facing the others.

And I made my decision.

I'd also like to say I feel that the company supported Wayne.

He resents sympathy, as he stated in his testimony.

And a lot of the discrimination he says he was subjected to, the bulk of it he

only perceived.

The employees at Straub like him.

And following my disclosure, nobody came to me asking that he be let go.

And I think that needs to be said.

You said it perfectly.

How's it going?

He totally stoned them.

They're now willing to take 125.

Really? We rejected it.

You should have seen them.

Is the jury still out? No. We go back in at five for closing arguments, which I

got to get to work on. Come on.

How about when I said it was a moral thing? Did you see his face when I said

that? Did I see it? I could hear it when it hit the floor.

They were so cocky. But that's the way they are, Jimmy. I'm telling you.

They get all this special treatment.

You know, they get all these special laws passed.

They got the whole country screaming, let him get married.

I mean, it's like there's a privileged class or something.

David Nation fags. It's out of control.

And they think they're smarter than everybody, too.

That's why they thought they'd win this.

I ever tell you my mother was gay, Peter?

What?

Funny.

No.

It's true.

Maybe I didn't mention it because I didn't think it was such a big deal.

That it would matter to my friends.

Oh, hey, Jimmy.

To reach his own.

Come on, you know me.

Look, I've got no problem with people living the way they want.

It's just... What do you know?

The special treatment.

Yes.

Well, I better work on my closing.

You know what you're going to say?

I have an idea.

The body cools down about one degree per hour in 65 degree weather, which it was

that evening.

We recorded a base temperature of 95 .5. That was just after midnight.

Computing the one degree per hour, we calculated the time of death to be

9 and 10 o 'clock.

But since the officer found her dead at 9 .30, we determined the TOD to be

between 9 and 9 .30.

Were you able to determine the cause of death, Dr. Fine?

Asphyxiation caused by strangulation.

Between 9 and 9 .30.

So, Ms. Brennan could have been killed at one minute past 9.

Possible?

Possible. So my client's contention that he found the body already dead at

around 9 .15, then proceeded to make love to it after she was dead, that's

possible, isn't it?

It's possible, but it's... Well, in fact, scientifically, you can't rule out

that possibility at all.

No, I can't rule it out. In fact, a body temperature will spike if a person was

struggling prior to death, wouldn't it?

She could have been at 100 when she died.

Isn't that possible?

Yes. So she might have been killed as early as 7, 7 .30. Well, a witness saw

alive at 8 .30. So you're basing your findings in part on the reliability of

witness, Billy Bix.

Yes, I am.

Thank you, Dr. Fine.

The witness may step down.

Ms. Gamble.

The prosecution rests, Your Honor.

Mr. Young, you're on.

The defense rests, Your Honor.

How do you mean I don't testify?

I mean you don't testify. What's with that?

If I don't tell my side... I've got your side in it. What's with that? If we put

you on the stand, all your other felonies come in, including the time you

flashed kids at an elementary school. That doesn't make me a killer. It makes

you a piece of crap which we don't need the jury to hear. They already think

that. I slept with that woman. If you take the stand...

They'll know it. Okay, all right. I don't like this. What's going on? You

to trust us on this, Mr. Dixon. I don't put on any defense. What the hell is

that? You don't have any defense. She was caught red -handed raping the

After she was dead.

Alex, the jury won't believe you. How do you know? Because I don't believe you.

Eugene. I think you did it. You strangled her and raped her. That's what

think, because I've had the pleasure of listening to you talk. I don't want the

jury to hear you open your fat mouth, because then they'll know you did it,

like I do. I have an obligation to protect you, Alex, and your fat mouth.

listen to me. You don't want to mess with me.

Eugene, stop it.

Mr. Dixon, our defense is the state hasn't satisfied its burden of proof.

With that strategy, it's better not to call any witnesses.

That's why we're not calling you.

Certainly it's your right to testify, and if you insist, we will allow you to

so. But it is our collective judgment.

It's better for us to rest without putting on a defense and focus the jury

the state's failure to make its burden.

And as it stands, we have a very good chance.

I don't know what's going on, but...

Gay bashing seems to be coming back into style.

We've got radio talk show hosts proudly declaring their prejudices.

Churches and politicians calling gay people sick.

Voters coming out in droves to support bans on gay marriages.

What is going on?

As far as fear of AIDS goes, you want something really to be scared about?

Abolish people's right to medical privacy.

And they simply won't get tested.

They'll stop going to the doctors.

Then watch the disease spread. Many diseases.

This man went and got tested.

And he was punished for it.

Is that the message we want to be sending?

Because if that's it...

Then a plague on all our houses.

What's he talking about? Gay backlash?

Gays have got more special treatment going than anybody.

We've got special AIDS laws.

Hollywood, the Emmys, the Oscars. They all got those red ribbons on, don't

In honor of AIDS.

My dad died of a heart attack.

Where's the ribbon for cardiovascular disease?

And now, when a person has a fatal, deadly, infectious disease, there's a

that says you can't even warn people.

Nobody's saying we should discriminate against people with AIDS.

But where's the law to protect you and me?

Where's the legislation to protect Mr. Mayfield's co -workers?

If he dropped, a dozen different people would be giving him mouth to mouth.

If he got cut playing basketball, his teammates would help tend to it.

They don't have a right to know they could be risking their lives?

How not is that?

Doesn't Mr. Hines owe some duty to look out for the people who work for him?

He did the moral thing.

The reasonable thing.

And let's remind ourselves.

One more time.

The plaintiff didn't get fired.

Nobody beat him up.

Mr. Mayfield says he even felt depressed by the people who were trying to help

him, for God's sake.

Maybe we should pass another law.

It's a crime to show too much sympathy for people with AIDS.

Enough is enough.

How are we doing?

I think okay.

How are you doing?

I'm fine, Lindsay.

Eugene. Don't start playing psychologist with me, okay?

Are you saying a psychologist?

Because I think you should be.

Is that right?

Yes.

Every time you take cases like this, you just turn angry.

It doesn't have to be fun, Lizzie. What am I supposed to do? Be all happy and

gay? These cases don't bother me, okay?

Whatever you're feeling. I don't feel anything. I'm a defense attorney. It's

my job to feel. Why can't people see that?

I think I should do the closing.

I will do it.

If you can't do your best.

I will do my very best.

Cases like this, I get too afraid I'll let my personal disgust affect my...

I compensate by trying harder.

If anything, I try even harder for the guilty.

How sick is that?

You've reached the verdict already?

I'm on my way.

Jimmy, my spies down at the courthouse said that your closing seemed a little

redneck. I went with what I thought would be effective.

Redneck?

Red, white, and blue.

I better go.

If there's a question defense attorneys get asked more than anything else,

it's... How can you do it?

How can you walk into court day after day after day defending the scum of the

earth, then go home and sleep?

Well, I got myself a pretty good piece of scum in this one, don't I?

He raped a dead woman.

Hard enough for me to even look at him, let alone defend him. But the answer to

the question is, I don't come in here day after day representing people like

him. I represent you and me.

I'm in here making sure the prosecution lives up to its burden of proving guilt

beyond a reasonable doubt before they get to incarcerate people.

Because if they don't live up to that burden, if we start letting them convict

without meeting that criteria, then innocent people are at risk.

You.

And me.

And maybe him too. I don't know. Maybe he killed that woman. Maybe he didn't. I

can't tell you. What I can say is they didn't satisfy their burden. There is

doubt all over the place.

Nobody saw him commit a murder.

The coroner himself said the murder could have happened hours before the

officer found him. It is not likely he's going to hang around with his victims

for hours, is it?

No thumbprints or bruises on the neck matching my client?

The victim smelled like garbage. Why?

Because she was in that dumpster just like my client said she was when he

her. One witness who places my client with the victim alive turns out to be a

drunk, likely drunk at the time. Can we really trust his powers of observation?

Or his credibility?

The testimony he gave was part of a deal that kept him out of jail. Deal.

What I should say is bribe. He had a motive to lie.

Now, the only thing they can prove is that my client was having sex with a

body. Does that make him vile? Absolutely.

But it in no way proves he committed a homicide. It certainly doesn't prove it

beyond a reasonable doubt.

Ms. Gamble started things off calling this ugly.

It is.

Sometimes the job is ugly. I got to come in here and fight for a system I

believe in even when I don't like my client.

And it gets ugly for juries, too.

Because doing your job here means finding that man not guilty. It

means that under the facts we have.

Now, I can't stop you from saying, the hell with the rules.

I can't prevent you from lowering the burden of proof if that's what you

to do. I will ask you to consider.

What if one day you or somebody you love is charged with a crime you or he

didn't commit?

How would you feel if you, he, or she got a jury who dispensed with the burden

of proof and just said, close enough?

It happens.

Goes against the very grain of our criminal justice system, but it happens.

Violates every principle of our Constitution, but it happens. The only

we have here, is it going to happen today?

It is possible that he did find her dead. It's possible. There's nothing

can do to disprove that possibility.

Definitely not beyond a reasonable doubt. That's a fact.

A fact you can take back into that room.

In order for the system to work, we need the defense attorneys to do their jobs,

even when it's unpopular to do so.

In order for the system...

To work.

We need the juries to do their jobs.

Like Ms. Gamble said, sometimes the job is ugly.

In very few cases is the defendant actually seen committing the murder.

A jury is allowed to consider circumstantial evidence when making its

Here, the defendant was found raping the victim while her body was still warm.

Our system of criminal justice doesn't preclude you from using common sense.

Anything is possible, ladies and gentlemen.

And our burden... It isn't proof beyond all doubt.

It's proof beyond all reasonable doubt.

He was seen with her alive.

He was discovered with her dead.

Gee, I wonder what happened.

In the matter of Mayfield v.

Straub Industries, we find in favor of the plaintiff, Wayne Mayfield, and order

the defendant to pay damages in the amount of $25.

Jury is dismissed with the thanks of the court.

We are adjourned.

Did he say $25?

Yep.

We won, basically.

Yeah, you did, Pete.

You're a big winner.

It was your closing, Jimmy.

Well, you inspired it.

You got something to say?

Yeah.

I think you're a bigot.

I also think you revealing his condition, you probably meant to create

that would make him want to leave.

Mission accomplished, Pete.

Growing up, you thought they were just as sick as I did.

Come on.

The difference is, I grew up.

Did I handle myself okay?

You did great.

I got goosebumps.

I was suddenly proud to be a defense attorney again.

I'm not so sure you should be that proud.

Do you really mean that?

You know, we're trained not to ask ourselves a big question.

How can you defend murderers and rapists?

We're trained not to go near that, because if we do, we'll end up a mess.

So... We stay away, far away, till one day we don't even

recognize the question.

And when people ask us, we just look at them like, you don't get it, that's all.

Like they're the ones who are lost.

And it hits you.

Maybe we're the ones who are lost.

There is honor in what you do, Eugene.

You may not believe your own words in there, but I do.

She said I can't feel.

Who?

Sharon.

And she's right.

I can't feel.

I'm afraid to let myself feel.

Maybe that's why I can be so damn honorable.

Lock up when you go?

Yeah.

Hey, Ma.

I'm still at the office.

Just getting ready to leave.

Oh, you got company?

I'll let you go.

No, no, nothing's wrong. I was just calling to say hi, that's all.

How's everything going?

Yeah, same.

Pretty normal.

Oh, no, nothing's wrong. I was just calling.

Let you know I was thinking to you, that's all.

Well, we'll talk tomorrow.

All right.

Love you too.

Will the defendant please rise?

Has the jury reached its verdict?

We have, Your Honor.

What say you?

Count 3 -2 -6 -2 -3. On the charge of murder in the first degree, we find the

defendant, Alex Dixon, not guilty.

On the count of murder in the second degree, we find the defendant not

On the count of lascivious... an unnatural act, we find the defendant

The defendant is sentenced six months, credited with time served. He is free to

go. This concludes the jury's service. We are adjourned.

I don't believe it.

I don't believe it.

So, can I go?

Check with probation and then you can go.