Original subtitles

They made an offer.

30 years.

30 years? It's not unreasonable, Jackie, for two murders.

One. One murder.

If you ask me, it was a public service killing.

The other one, the kid, everyone knows it was an accident.

No, under the law, that kind of accident is called felony murder.

The punishment is life, and you're looking at a double life sentence.

Let's go to trial.

Look, Michael Biggs was a small -time dealer. You want to take out your

competition, fine.

And maybe, like you say, some idiot on the jury will think you did the public a

favor, but Anthony Halpern was an innocent kid.

He didn't deserve to get shot in the head, and I don't think the jury... If I

gave you the impression that I had anything to do with those killings, that

a misunderstanding.

I am going to trial.

You realize we don't have a strong defense here.

If you were working on this case instead of counting on a plea, maybe you'd

figure something out by now.

You want to know what I figured out, Jackie?

I figured out that I can't put you on this stand without suborning perjury.

I also figured out that with your record, you can expect consecutive life

with no chance for parole.

We are not going to lose.

They've got an eyewitness.

Which we don't need to worry about.

What do you mean we don't need to worry about?

I interviewed him myself. He's credible. Bobby, do not worry about the witness.

You're going to have to tell me what that means, Jackie, because I know

not going to harm that witness. I'm in jail.

What could I do?

Listen to me.

You're already in more trouble than I think we can handle. You do not want to

make things worse by intimidating a witness.

Okay, I understand.

Look at me.

I understand.

Did he threaten him or not?

Well, we think he kind of did.

What do you mean you think he did? He said we didn't need to worry about the

witness, and I don't think it was a compliment to Bobby's cross -examination

skills. Well, then you need to tell Bay. What if he meant something totally

different? You know, don't worry, the witness is a friend of mine, or I got

proof the witness is lying. Oh, right.

What did you say? I laid it out.

He can't be intimidating witnesses. He said he understood, but whether he

did, I don't know.

I couldn't be sure.

Then you say nothing.

Leaving aside what he meant, what he said is protected by attorney -client

privilege, you can't reveal it unless he intends to commit a future crime.

And if you're not sure... We don't need this. You were just on trial for

conspiring with a client.

If you don't say anything and a witness ends up dead, you could be up against

obstruction of justice charges.

You want to wait for some package to explode?

If there's any chance this witness is in danger, you have to say something.

Jimmy, none of us was in the room, Bobby.

Only you two.

Let's just lay down the law with him again and then decide.

I told you I understand.

Can you tell me why you even said it? That we don't have to worry about the

witness? Look, back in my shrink days, I bet you didn't know I used to get

therapy. Did you know this?

No, you seem so grounded.

My shrink said that when I'm feeling powerless, I act more brave and tough.

Now my life's been taken from me here.

I'm sitting in a cell all day.

My future's in the hands of this eyewitness.

I guess I just needed to feel more powerful than him.

And so...

Make sense?

Anthony had just taken me home from school.

He was your boyfriend?

Yes.

We were sitting in the car talking.

And... I know this is hard, Lisa.

But do you remember where the car was parked?

In front of my building.

Okay.

Now take your time.

I want you to tell us what happened.

He was telling me about how he was going to play basketball for BU when he

graduated.

Then all of a sudden the window started breaking.

On which side of the car?

His.

He's in shock.

Where?

In the head.

And he just looked at me.

He didn't understand what was happening.

Miss Matthews, did you see the person who did this?

No. Did you see my client at all that afternoon?

I don't think so.

No further questions.

I'm very sorry for the loss of your friend.

Mr. Bay.

No redirect, Your Honor. The Commonwealth calls Detective Michael

The intended victim was Michael Biggs, 23.

When I arrived on the scene, his body was on the sidewalk area directly in

of his building.

Were you able to determine from which direction the shooter approached?

Yes. He approached from across the street and opened fire.

Stray bullets were lodged in the front of the building and a few in the cars

that were parked out front.

Which is where you found the second victim, Anthony Halpern.

Yes. In his car, he had been shot in the back of the head.

And Michael Biggs, why do you consider him the intended victim?

We found him lying face down. He had been shot six times, twice in the legs,

three times in the chest.

and once in the head at very close range.

And how do you know that, Detective?

There were stippling burns on his head and neck, indicating that the gun had

been fired from a distance of no more than six inches.

We considered it an execution.

You didn't find a gun at the crime scene, did you?

The murder weapon was never recovered.

A fingerprint on a shell casing to implicate my client? There were no

Mr. Donnell, as you already know. Michael Biggs was a convicted drug

wasn't he?

Yes, he had a felony record for selling narcotics.

That's a dangerous business, right, Detective?

Ask your client.

Objection. Move to strike.

Sustained. Detective Maguire.

My point, Detective, is that Mr. Biggs was the kind of man who might have a few

enemies. Yes or no?

Yes. After the shooting, did they find my client anywhere in the neighborhood?

No. In fact, Mr. Cahill wasn't arrested until three days later when he

voluntarily appeared at the precinct for questioning.

We had already searched his house.

And his bar.

He knew we were looking to make an arrest. That's exactly my point.

This man who supposedly killed two people had three days to leave the city,

state, the country, and instead he comes walking into your precinct to answer

questions.

Yes.

Boy, are you up there long? Not on direct. Just say what you saw.

Want to ask you to identify the man you saw fire the gun?

If you see him in the room?

point to it. They may keep you up there on cross for a while.

Why? Well, you're our whole case, Mr. Roth, and the defense certainly knows

that. They're going to try everything they can to tear you apart.

This didn't seem so scary a week ago.

You'll be fine.

Just stick to the truth.

Richard, we'll see you tomorrow.

He's not in protective custody?

Why should he be? I just thought for big drug cases, you keep your witnesses in

protective custody.

This is a murder case.

Well, I guess if it were me, I'd be keeping an eye on him.

What are you saying?

Nothing. Yes, you are.

If you're trying to get me rattled or you're hoping I'm going to go and rattle

my witness... I'm just saying it would be a good idea to protect him.

If you have knowledge that he's in danger... I don't have any specific

knowledge, but my radar says protect your witness.

Bobby.

That's all I'm going to say.

Their eyewitnesses are up next.

Once he's done, the Commonwealth should rest.

They're guarding his house.

Excuse me?

The witness.

Cops put a guard on his house.

Now, why the hell would they do that?

It's a murder trial, Jackie. I'm sure that's routine.

No, I don't think so.

If this were federal, maybe, but state, no.

They don't protect a witness unless they think he's in danger.

And how would you know that?

You don't find it interesting?

You and I have a conversation about the witness, and the very next day there's a

cop at his house? He's the only witness to a double murder. With your record,

Richard Bay is a smart guy. He doesn't need me to know his witness should be

protected. That's not exactly a denial, Bobby.

As long as we're into accusations, how do you even know there was a guard on

that house? Did you send somebody out there? No, I did not.

But just so we have an understanding...

If I were ever to find out that my lawyer had been talking to the cops

certain conversations he and I had in private, I would consider that an act of

disloyalty. You want me off this case, no problem. Let you and me go see the

judge, and you can explain all about how I prevented your people from taking out

a witness. I never said I was going to take him out. Did I ever say that? Look,

let's just stop with the antagonism and focus on the case, which I remind you

doesn't look so good.

What if I have an alibi?

What are you talking about?

This guy I work with at the bar. I was working with him when this whole thing

happened. Oh, really?

Yes. You can't just offer alibi evidence in the middle of a trial. There's a

procedure. We need to serve notice weeks in advance. I'm sure you can figure

that out.

And what is this sudden alibi?

I can't offer testimony I know to be false. I am innocent.

Do you get that? And this alibi is legit.

Then why didn't you tell me about it sooner? All right.

Why didn't you tell us about the witness before now, Jackie?

Because there's a warrant out for his arrest in New York.

That explanation okay, Counselor?

He's a lying piece of... You don't know that.

You think he has an alibi? No, but if he says he does, it's his defense.

Bobby, he's looking at double life. If he wants to call an alibi witness, then

that's what we do.

We interview the guy, and we try and put him on the stand.

If the judge will even let us.

They come up with this now in the middle of a trial? I just found out about it

myself. Oh, Bobby. It's true. There's an alibi witness and your client just

tells you now?

Yes. There's an outstanding warrant for the guy's arrest and he didn't want to

come forward. Oh, come on. I've had no opportunity to see if his story checks

out, no opportunity to run his record. You can't deny my client the right to

on a defense.

Courts have upheld the exclusion of defense witnesses.

Whether Mr. Donald believes it or not, we are entitled to a fair trial too.

We wouldn't oppose a continuance to give Mr. Bay time to investigate.

I'm sure you wouldn't.

But I am not going to delay things and inconvenience the jury because you

violated discovery rules.

There's another option.

Let him voir dire the witness outside the presence of a jury. Let him get all

the discovery he needs now.

That seems reasonable.

That way we can see if our little witness holds up.

Satisfactory, Mr. Bay.

Well... We reserve the right to argue for exclusion if anything that comes up

requires further investigation.

Fine.

Mr. Donald, bring in your new witness.

They get to check him out first?

Yes. Well, how did that happen?

They get a free bite?

It happens when you suddenly announce you have an alibi after the trial has

started.

The judge is allowing them some discovery.

What about a new offer?

I mean, just the fact this witness exists.

Hasn't the DA got a new offer?

He can't be so cocky now.

I don't think you fully grasp this particular DA, Jackie.

Richard Bay, in addition to being good, he is pathologically competitive.

He'd want you to get life even if you were innocent.

Which I am.

Oh, right.

I forgot.

So what's going to happen?

The D .A. gets to question him in a sealed room.

No jury.

The judge will make a determination as to whether further investigation is

called for.

If so, we delay the trial.

If not, the trial picks up where we left off.

How exactly airtight do you consider your alibi to be?

I was with Mr. Cahill the whole afternoon.

And he never left the bar? Never out of my sight. I was serving.

He was at a table going over the expense books.

Cahill is your boss, is he not?

No. It's my bar.

It's your bar.

Yes, it is.

My name is on the liquor license.

But he was doing the books.

Is he your accountant?

No. He's an investor.

Oh, he's an investor.

What percentage of your bar does he own?

I don't know.

Most. And tell us, who suggested you come here today to testify?

Nobody.

I told Mr. Cahill I'd come here and do it. Did you get in touch with him, or

he call you?

I'm not sure.

I think he called me.

From prison?

You know all outgoing phone calls from prison are recorded?

Mr. Inteso, why didn't you come forward sooner?

I have an outstanding warrant on an assault charge in New York.

So you know by testifying here, you're going to go back to jail.

Yeah. You'd rather testify and go to jail than say no to Mr. Cahill?

I want to help him. He was with me at the time of the shooting.

There's no question.

Beyond reasonable doubt.

Okay.

You were serving drinks.

He was working.

Did anybody else see you or the defendant that day?

I don't know.

Maybe. Can you tell us who else was there?

I don't really remember.

You don't.

These books the defendant was working on, where are they now?

What? It's your bar.

Surely you know where your own expense books are.

Objection. This isn't a tax case. It's irrelevant.

It's very relevant to this witness's credibility.

We move the witness turn over the books the defendant was working on.

I lost the books.

I see.

Your Honor, at this time, I withdraw my motion to exclude this witness.

We can't put him up there. He's still an alibi. They can't prove he's lying,

which he isn't. They wouldn't have to prove he's lying. He looks like it. He

sounds like it. He personifies dishonesty.

And by putting him up there, we would be helping the prosecution.

Trust me. Why the hell didn't you protect him?

You should have been objecting or something. The questions weren't

and it was discovery. Look, 30 years is better than life if it's still on the

table. No!

Try to get this. We got no rabbits to pull. What about your plan B strategy?

A witness saw you pull the trigger.

Plus this DA, he knows us.

And I know him. He's not going to drop the ball. We cannot win this case.

Let me think about it.

Can I think about it?

We're not scheduled to go again till tomorrow, so yeah.

Heck, tonight.

Look, you think we don't like you, which is true.

You think because we don't like you, we are not doing everything we possibly

can, which is not true.

Hello? Is somebody there?

This is simple.

If the case against Jackie Gayhill doesn't go away, you will.

The only reason you're still alive is because you're still useful.

You do not want to win this case.

Understand?

I'm going to leave you now.

And when I do, you're going to start feeling better.

Feeling brave.

Maybe even call the police.

That's why it's important for you to remember what I'm going to say right

We can always get to you.

If we want you dead, you're dead.

Now stay right here for five minutes.

And then you can go about living your life.

How much of it is left, that's up to you.

Richard, of course you have to report this. Why haven't you already?

If I report it, I let him win.

I just can't... How do you figure that?

He's hoping I'll report it and try to resign from the case.

Or he'll try to have me removed. The judge might do it anyway.

The trial gets delayed. First of all, that doesn't have to happen. You could

still continue. Oh, you know Bobby.

Secondly, your life was threatened. A crime was committed.

You're an officer of the court. You have to report it.

Come on, do I really need to be telling you that?

What?

He said if I told the police, I'd die.

You're scared?

Yes.

Helen, even if I did file a report, I didn't even see him.

He's disguised as a voice.

There's no way I could make an ID. They can dust your garage.

Maybe there are tire tracks.

Witnesses in the neighborhood who saw the car.

The police could investigate.

Richard, you need to report this. If you won't, I will.

All right.

I'm going to call Detective McGuire. We'll start the investigation.

We'll put you in protective custody.

Someone will be with you around the clock. We'll guard your house.

Helen. Until the verdict.

Now, I'm going to have to talk to Bobby.

Why? Because he has to know.

Now. The only remaining question.

Are you okay to continue with the trial?

Yes. Are you sure?

Yes.

And you'll be going for a conviction, right?

Yes.

In his own garage? Yes. I'm assuming you gave him no indication.

Of course not.

Does he know that knocking off the DA won't do much good? We do have more.

We may have led him to believe that this particular DA was a nemesis. We will

set him straight on that.

What an idiot.

So where are we? Well, Richard's bent on continuing. You know him.

Now, you will have a conversation with your client.

Oh, yes.

I am as shocked as you are. Don't give me that.

Are you that stupid?

You think killing the district attorney will actually help you? I would never

hurt anybody, Ms. Frutt.

But you know what?

Our relationship is so deteriorated here that maybe you two should get off this

case. I should find myself new representation.

So you can buy time? Time to execute the witness?

We'd love to get off, Jackie, but the judge will never let that happen. Not at

this point.

If you told him that you're disgust prevents you from doing your best work.

problem is I do my best work for disgusting clients.

We're stuck with each other. The trial is going on.

There's plenty more district attorneys where Richard Bay came from. So going

after him will get you nothing.

Nothing?

No. You underestimate the value of a smile.

It's the simple pleasures, counsel.

I heard a series of pops.

I don't know how many.

They were loud, like explosions.

And what happened next, sir? I looked up through the windshield of my car, and I

saw the man with the gun walking across the street, firing.

Bullets were going everywhere.

This was in daylight?

Middle of the day, yes.

Okay, what happened next?

The man with the gun was shooting at the man lying on the sidewalk.

He walked up and shot right at the guy's head.

How far away were you from the man who was shooting?

Maybe 60 feet, no more than that.

Do you see the man who was shooting that day?

Him. That man sitting right there.

Let the record reflect the witness has identified the defendant, Jackie Cahill.

Nothing further.

What were you doing on that street the day of the shooting?

I worked for a courier service. I was delivering a package in the area a

earlier. You said you heard the sound, then you looked up.

What were you doing in your car?

Resting.

Resting?

Or sleeping?

I guess maybe I dozed off. You guessed?

You don't remember?

Well, I work two jobs. I've been up all night. I guess I was sleeping.

So when you heard the popping, it woke you out of a deep sleep?

I don't know how deep.

But coming out of a sleep groggy, it took you some time to focus on what was

happening. Maybe a few moments, but when I saw your client start shooting, it

woke me up fast.

What was the entire length of time you observed these events once you woke up?

A few seconds.

A few seconds.

Did the shooter ever look directly toward you, or did you only see him from

side? From the side.

And once you realized what was happening, you were scared.

I guess, yeah.

And you ducked down in your car.

Maybe a little, but I saw him.

It was him.

Did Mr. Bay tell you if you got into trouble testifying just to repeat that?

Objection. Withdraw. Nothing further.

Brief redirect, Your Honor.

Proceed.

The windows of your car, they're tinted? Yeah.

Yeah, it's hard to see him. So the man shooting, you saw him, but... But he

wouldn't have known I was there.

Objection. Sustained.

Don't tell us what the man knew.

You got a good look at him?

Absolutely. As you sit here now, are you sure who it was?

Yes. It was the defendant.

Thank you, Mr. Ross. Nothing further.

Nothing further.

The witness may step down.

Mr. Bay?

The Commonwealth rests, Your Honor.

Mr. Donald?

The defense rests.

How do I not testify?

If you want to, you can.

I can still make that happen. But you don't want to do that. Why?

If you testify, Jackie, all your priors could come in to impeach. And what are

you going to say that would actually help you? I'll say I didn't do it. The

witness was wrong.

Look, you can testify. It's your choice. Right now, we're almost desperate

enough to put you up there. And if I could think of the slightest upside, I

would. But my opinion... Mine, too.

It'll just make things worse. Your felony record will serve to bolster that

witness.

Get me a meeting with Bay.

Why? I want to reopen a plea bargain discussion.

I'm not sure he'd be open. Get me the meeting.

We can meet with him. I want to be there.

Get me a meeting with Richard Bay.

He's in the witness room? Yes.

Richard, you've asked me three times if he's in the witness room, and you're

sweating like a pig.

I'm fine.

My life was threatened, Helen. Allow me to perspire a little. Are you really

okay?

I'm fine.

Let's go.

All right, we're here.

What's it about?

Our client would like to reopen a plea negotiation.

Why?

Not feeling very confident, Mr. Cahill?

You are sexy.

Anybody ever tell you that?

I could throw you on this table and have sex with you right now, even with all

these people watching.

Any interest?

Guard.

Please handcuff this man to the chair.

Why? Well, you either frighten me, Mr. Cahill, or you piss me off. It's one or

the other.

40 years.

The deal you offered was 30. That was before I had to go to trial.

Your case hasn't gotten any better. It's still just one witness who didn't get a

great look.

Why risk it?

40 years, take it or leave it.

This little prick doesn't even think I'm guilty.

Jackie. If he really thought I killed two people, what does he think I'm going

to do to him if he convicts me?

If he's not afraid of that, he must believe I'm innocent. Keep your mouth

He must think I can't get to him from prison, if I were the killer, that is.

You think you scare us, Mr. Cahill? You, me, and this table. Five minutes.

Come on, Helen.

How stupid are you?

Saying that in front of him?

I was talking to you, my lawyer. Threatening the prosecutor?

Are you out of your mind?

He can still add charges.

No, he won't.

I know when a guy's scared and he's pissing himself right now.

I'll bet his closing is a little subpar.

You actually think he's going to blow this case because he's afraid of you?

You give these guys too much credit.

They only prosecute because they can't find real law jobs.

Losing one case doesn't make one difference to them.

But if he thinks he'll pay a price for convicting me...

Look at me.

Are you going to do something to him if you lose here?

He has to think I will.

Why?

Because it's my only chance.

I'll close.

You can't close. It's my case. Richard, you're not of the mind.

What do you mean I'm not of the mind?

He's gotten to you. You're rattled. I am not. I am perfectly... Look, you're

understandably frightened. You seem distracted. I prepared my closing and

ready to deliver it.

I can't let him intimidate me.

He already has.

Richard, you don't have to be the big hero here.

It's not about being a hero, Helen.

It's about being me.

This is what I am.

I'm a DA.

I can't... If I start letting defendants scare me, what am I?

I guess you'd be human.

I'm fine.

I'm prepared, and I'm ready.

When my client heard that the police wanted to talk to him, he voluntarily

to the precinct. What he expected to find was a police department interested

discovering the truth.

Instead, he found frustrated detectives so angry that they couldn't solve two

high profile homicides that they were willing to arrest him and hope that the

charges would stick.

They searched his house, his bar, and they couldn't come up with one shred.

of physical evidence to connect my client to this crime.

No murder weapon.

No fingerprints.

Not on the shell casings recovered at the scene. Not on the cars that were

parked on the street. Nothing to prove that my client has ever owned a gun or

even held a gun, let alone used one to commit a double murder.

Nothing to prove that he was even in the neighborhood at the time of the

shooting. Nothing to suggest that my client even knew Michael Biggs.

Mr. Bay has built his entire case on the word of a witness who admits he was

sleeping when this happened. A witness who is as unbelievable as he is

irresponsible.

A witness who should have been doing his job, but instead fell asleep in his car

in the middle of the day. He woke up because he heard shots.

He was groggy. He struggled to get his bearings. And when he saw it was a

shooting, he ducked down. It's human instinct.

When you hear gunshots, your first thought is to protect yourself.

And Mr. Ross admitted he only saw the shooter from the side, from a distance

60 feet, through tinted windows, for a total of a few seconds at most.

Beyond reasonable doubt, not even close.

When you become a prosecutor, your supervisors give you one basic piece of

advice.

Keep it simple.

Focus on the facts.

Forget the distractions.

Keep your eye on the truth.

Be willing to stand up for what's right, whatever the cost.

Mr. Donald says our case comes down to one witness.

Simply put, he's right.

If you believe Mr. Ross, you must convict the defendant.

And you should believe Mr. Ross.

Because he had a front row seat for these murders.

He was sitting at street level with the best possible view of the shooter.

It was day.

The lighting couldn't have been better. He saw the defendant, but the defendant

couldn't see him.

Didn't even know he was there.

It probably saved Mr. Ross' life.

Mr. Donald...

has the gall to suggest that Mr. Ross was irresponsible for taking a nap.

Mr. Ross did the responsible thing by coming forward immediately after the

shooting. His description of the shooter matched the defendant perfectly.

He had the courage to come into this room, swear to tell the truth, and

the defendant as the man he saw that day.

And no matter how hard Mr. Donald tried, he couldn't shake that testimony.

Mr. Ross is absolutely sure the killer is this man.

This man right here.

And let me make this simple.

Two men are dead.

Mr. Cahill is so brazen, so cold -blooded, he

killed them in broad daylight because he thought no one would dare stop him.

Nobody would have the guts to come forward, to prosecute him, to look him

eye and say it.

You're a killer.

You're a coward.

And thanks to the jury, you're about to get what you deserve.

Believe Mr.

Ross and convict this man.

He thinks he's untouchable.

Prove to him he's wrong.

You do this long enough, you think you've seen it all.

He actually threatened him in the room.

Right after basically threatening to rape Helen. And in not filing charges?

Not so far. Did it work? Was Bain nervous?

I seem to close okay. I thought he closed better than usual.

When's the last time she ate?

Around five o 'clock.

But she puked most of it on Eugene.

Sorry. You ready?

All set.

The sitter's at home. I actually get to go out to a restaurant tonight.

Donald O. Etc.

Yeah. Thank you.

Verdict.

Already?

Will the defendant please rise?

Madam foreperson, has the jury reached a verdict?

We have, Your Honor.

What say you?

Commonwealth v.

Jackson Cahill.

On the first count of murder in the first degree, we find the defendant,

Cahill, guilty.

On the second count, murder in the first degree, we find the defendant, Jackson

Cahill, guilty.

Officers, take the defendant back into custody. I'll schedule sentencing later.

Members of the jury, this completes your service. You are dismissed with the

thanks of the court.

Adjourned.

Bobby, can you start working on my appeal, please?

Jackie, I think you need to get yourself another lawyer.

I'm fine.

I sweat by nature, okay?

Do you want to keep the security?

Should I?

Well, he's got nothing to gain now, threatening you can't do him any good.

Unless he just gets off on it.

Why don't I get the guards back?

No, I don't want to let him win. Just keep the security for a week. I'll push

them upstairs to pay for it. No, I'm fine.

I really am.

I'm right over there.

Where are you?

Upper level.

Are you sure you're okay? Fine.

Okay.

Congratulations. You tried a great case. Thanks. Call me if you need any

company.

Yeah. Good.

Not too jumpy. She's 80.