Original subtitles

On the practice.

Why are you so angry?

For pretending that my husband's in love with me when I know he's not.

For God's sake.

Of course I love you. Oh, I'm sorry.

Bobby. Oh, my God, Sarah.

How are you?

I'm great.

I thought you left Boston. Well, I'm back.

D .C. summers were too hot. I'm at Wickham now, private practice. Wickham?

that's a good find. It is.

Bobby, what's going on?

Why are we having coffee?

Well, like you said, to catch up and... Let's catch up, then. How's your

marriage?

If you have to think about it, maybe you shouldn't be having coffee with the

woman you used to sleep with.

I'm very faithful.

Then maybe you should make use of this free time and spend it with your wife.

Yo.

Z.

No, it's not like that.

Look, I'm just saying things are slow out here.

It's not an excuse. Yeah,

I hear you.

No.

Yeah, you get your money, all right?

But they believe the shooting was drug -related. The suspect, only 19 years

was arrested trying to flee the scene.

In fact, police say the Dorchester teen was still holding a murder weapon.

Police have identified the victim as 36 -year -old Lauren Hayes.

Hayes, a single mother of three, was reportedly walking her son to school.

When did we get appointed?

The judge called at 7. Eugene and Jimmy left an hour ago.

Helen Gamble drew the case.

Great.

According to eyewitnesses, the suspect, Troy Ezekiel, just brandished the gun

and began firing.

It was an accident. Slow down.

You need to find Willie Brand. He was the guy I was shooting at. I never meant

to hit that lady. It really doesn't matter who you were shooting at, Troy.

was going to kill me.

That matters. It matters to me. Who was going to kill you?

Willie Brand.

He said if I stood on his corner one more time, he was going to tap me. Now,

need to be chasing his ass down instead of sitting here. I don't need to be

chasing anybody's ass down. So this was a drug territory thing?

Yes. Well, did he reach for a gun or point one at you? What did he do?

But I wasn't about to wait.

He was going to do it, I know.

Okay.

No talking in the courtroom.

We'll meet here.

Right after the arraignment.

3 -2 -7 -7 -7.

Commonwealth versus Troy Ezekiel on the charge of murder in the first degree.

Excuse me, Your Honor, but my client hasn't been brought in yet.

Where is he? I can answer that.

I apologize for the late notice, Your Honor.

I'm Todd Dixon from the Justice Department.

Troy Ezekiel is now in federal custody.

What? Since when?

A few minutes ago. U .S. Marshals just took him. Again, I apologize for the

second confusion.

Took him on whose authority?

Judge Minella of the United States District Court for Boston. She issued a

early this morning.

Is there a new charge? Murder in the furtherance of a drug enterprise and

trafficking within a thousand feet of a school.

Did you know about this?

Of course I didn't know. Did you see my expression?

There are murders all the time in that neighborhood.

The federal government has never stepped in. Jimmy, figure it out. There can

only be one explanation.

Which is?

What can the federal government do that the state can't?

Oh, God.

What?

They can execute.

They're going for the death penalty.

The death penalty?

Well, they haven't filed yet, but we think that's what this is about. What,

they going to kill me over an accident?

Well, you did kill somebody. The fact that it was the wrong person... Why the

hell aren't you on my side?

Let's get something straight.

I'm your lawyer, not your friend.

Now I remember you. You came to my school on some career day crap.

You were cocky then and you're still out.

Pity I didn't know better.

Look how we turned out.

I should have been more like you.

Want me to tough you out without a gun?

Go ahead.

Second thing to get straight, you a punk.

Drug dealer, murderer, punk, which makes my job tougher. But I'm going to do my

job all the same. All I need for you is to do yours, which basically means to

keep your mouth shut and do as I tell you.

You're really going for death.

Yes.

They are.

What happens is they form an ad hoc committee.

Basically, what they do is they walk around the office, grab four or five

prosecutors, whoever's there. And that committee decides whether or not to go

for death.

Pretty much.

The U .S. attorney makes a short presentation, and then they vote.

Simple as that. Sometimes they even do it over sandwiches.

The problem is, once they decide Bobby is right, you can't appeal it.

Do we get to address this committee?

Do you have the right to? No.

But sometimes they will invite defense lawyers in to hear what they have to

How do we get such an invitation?

You cross your fingers.

Thank you.

Any other way?

Like someone who used to work in the Justice Department could make a phone

Please.

This kid is a criminal, no doubt, but he doesn't deserve death.

I'll make a call.

Thank you.

Could I have a second with Bobby?

What are you doing?

What? Why am I here?

Because we needed... You don't have any other connections to the Justice

Department?

Believe it or not, no.

Hey. Hey.

Lindsay Dole, my wife.

Sarah Barger.

Hi. Nice to meet you.

Do you want me to wait or... No, no, I think... We're done.

We're done, yes.

Thank you again for... Everything I've done.

Yes.

Well, I will let you know what the committee says.

Nice to meet you, Lindsay. You too.

You okay?

Me?

You seem a little on tilt. Oh, um, death penalty case. I'm a

little rattled. Ah.

Too rattled to eat?

No, no. Let's, let's wait.

Okay, you've got your invitation, 10 o 'clock tomorrow morning.

Thank you.

Is there a certain procedure or... Not really.

Prosecution goes first, then you. Expect to get about 10 minutes.

Now, look, don't waste it arguing the elements. The committee assumes guilt.

They assume a first -degree conviction. Their role is only how to punish the

convicted. You mean what punishment to recommend.

It's the jury who decides.

The jury may decide, Jimmy, but if you look at their track record, When the

ask for death, they almost always get it.

Which means if we're to save this kid's life... You need to do it here.

What about administrative rules?

I don't think you understand.

They pluck five prosecutors, they put them in a room, and they decide. No

No evidentiary procedure.

No due process.

You just make the best case you can that this kid, deep down, is an angel. I'm

still stuck on the why.

Why go after this kid?

It isn't the kid, Jimmy. It's the Commonwealth.

Ashcroft is trying to bring the death penalty into all of the states that

have it, and Massachusetts is on the top of his list.

So he's hauling state murder cases into federal court.

We'd better get to work.

Thank you. No problem.

Sarah, we really appreciate this.

Well, good luck with it. You're going to need it.

Listen, um... It's gonna be a late night here, and I don't know if you have

plans, but... You wanna grab some dinner?

The reason this is so important... We have no defense.

The kid he was shooting at, turns out he had no weapon.

None of the witnesses saw him make any threatening gestures towards your son.

And Troy himself told the police that he didn't see him reach for a gun.

So he's going to be convicted.

I'd be lying if I said I thought otherwise.

Which means we need to convince them not to go for the death penalty.

A. Because their decision isn't subject to appeal. And B.

When they go for the death penalty, they usually get it.

My God.

My God.

Look, I'm not even sure the committee will agree to hear from you.

But if they do, I did the best I could.

Troy's older brother, he got into drugs.

Troy just followed suit, I guess.

I tried.

I tried.

So, now we're in therapy and... I don't know, I hope it helps, but...

Hello?

Come here.

Well, maybe you can...

Say something.

Okay, I can't believe we're sitting here, doing this.

How's that?

Doing what?

We're having dinner.

Oh, we're having dinner. Okay.

What do you think we're doing?

Bobby, this is foreplay.

Excuse me?

Oh, I did ten minutes on my lousy marriage, twenty minutes on how your

really doesn't understand you.

Foreplay for infidelity.

Isn't even original.

I have no plans for being unfaithful to my... Yes, you do.

You're probably too good of a guy to actually do it, but just allowing for

possibility. You're wrong.

I'm having dinner with an old friend, period.

Fine. You know, you make it seem like I'm trying to orchestrate something

But here you sit. You brought me in on a case. Which doesn't obligate you to

dinner.

But here you sit.

Okay, you're right.

I plead guilty.

So you're up, Bobby. I made my admission. I'm here because I find it a

exciting to be having dinner with a man I used to make love to.

I'm not innocent.

What's your story?

I'll tell you your story.

You feel lonely.

You feel Lindsay's responsible for that loneliness.

And so that somehow justifies you going out to enjoy some simple company with a

friend.

Lindsay shut you out. She drove you to this dinner in a way. Isn't that the way

it goes?

Of course, you'd never let it go anywhere with me because you're

It's a friendship.

Completely innocent.

If anything were to happen, well, it would have to be me.

Always was a bit of a risk taker, that crazy me.

You're safe, Bobby.

Not sure it's what you want, but you're safe.

This will be a dinner.

Nothing more.

Once you get the names of the committee members, call me. I'll give you the

rundown. Okay.

This is me right here, 205.

Again.

Thanks for all your help.

My pleasure.

And thank you for dinner.

If you're ever single again, call me.

I don't have plans to be single again.

Did you kiss her back? No.

And she didn't really kiss me. It was just a good night. Why were you having

dinner with her?

I don't know.

You all say I crave isolation.

I think a part of me needed... Don't give me that crap. You're just looking

pop your hot dog. Rebecca. I'm lonely.

I'm misunderstood.

Why are you even telling me this?

I tell you why.

You're looking to clear your little conscience and not get caught.

You should be telling Lindsay if you're angry, not me, and certainly not that

plot, Sarah. Everything's just black and white with you, isn't it? This is.

You don't go having dinner with ex -girlfriends.

You're married.

This is how Troy Ezekiel looked that morning.

This is the man who killed Lauren Hayes.

Not the cleaned -up version they brought in here today.

What you're getting now...

is a copy of Mr.

Ezekiel's rap sheet.

It shows two convictions for cocaine possession.

And as you can see, he was given a break.

Instead of jail, the court ordered treatment.

Eighteen months later, he was arrested again, this time with twice the amount

drugs. And again, he was allowed to plead to a misdemeanor.

How long did he serve?

Ninety days, which was light, given that he was already a seller.

Mr. Dixon, let's get to the crime, please.

This map shows the path taken by the defendant.

As you can see, he started firing at will here.

His intended target, a rival dealer, managed to get away without being hit.

But not before the defendant emptied his clip, shooting 11 rounds onto a crowded

street less than two blocks away from a school.

He didn't care who or what he hit.

She was 36 years old.

She had three children she supported alone.

She was a good woman.

A good mother.

Gone. Now and forever.

Lauren Hayes didn't deserve to die.

Troy Ezekiel does.

This is Lauren Hayes' son.

I'd like you to hear from him.

Did it go that well?

They heard from the son.

The son?

Of the victim.

He was pretty devastating.

Bobby, Sarah Barker.

Could you persuade her to join our defense?

What? Why?

Well... One problem we have, Dixon knows all the committee members, their

colleagues. Jimmy and I are just your basic defense attorneys. We have no real

credibility with him. We thought since Sarah used to work in that office. That

was many years ago. Even so, it couldn't hurt. And right now, things don't look

good.

Bobby, we need some help here.

I mean, if she could just so much as be at our table.

You're joking. It wasn't my idea, I promise you, it wasn't.

Well, exactly what do they want me to do?

Just join them.

Be in the room with them.

This wouldn't be you inventing a way to be in a room with me.

No. This comes from Eugene.

You know a lot of these committee members.

It might help.

We don't want to hear from his father. Why not?

Mr. Young, this committee is already indulging you just by allowing you to be

here. You heard from the victim's son. Why can't... Look, if you want to give

Troy a chance to speak, fine.

But we're not going to turn this into a hearing. We're just asking for two

minutes. The time for his father to talk would be at sentencing. We're just

asking for... The answer is no, counsel.

You said you'd be willing to hear from Troy?

Briefly. Let us do that, then. Hold on.

Give us a short break to talk it over. I don't need to talk that over. Eugene.

A short break.

It's insane to let him talk. We'd be offering up free discovery.

That's why they're willing to hear from him. We might as well gift wrap the

conviction. Eugene, you need to work on your tone.

And normally I would agree, but here...

The conviction is a done deal. He opened fire on a crowded street in front of

witnesses. The victim couldn't possibly be more sympathetic, and his own

statement to the police supplies motive and intent.

There's nothing to lose here, and it's life to gain.

This is a problem when you bring me in on things, guys. I have opinions.

Lindsay, hey.

Hey. What's up?

Nothing. I just thought I'd, um... Say hi.

Oh.

Hi.

I just thought it'd be good to... check in with each other during the day.

Oh.

Good idea.

You know...

I try to come in and connect and you give back nothing, Lindsay.

Can we talk about this at home? But we don't talk at home.

By the time we get Bobby to bed and...

Dealing's

the first thing I was ever good at.

I never used and I never skimmed from the bosses.

I made more money than any other corner.

I was so good at it, I started having problems.

What kind of problems?

Competition problems.

Some of the other dealers got word that I was making big numbers, so they

started coming around, giving me trouble.

So you thought your life was in danger? No, I knew it was.

I know these people, they don't play around.

So I called a friend, and he fixed me up with a nine.

Next day, I saw Willie.

I swear, I never meant to kill that lady.

When I saw what happened, I couldn't even breathe.

I'm sorry.

I don't know what else to say.

You've been a drug dealer for the last four years?

Yes. You've been arrested more than a dozen times. Well, the fact that he was

arrested doesn't prove he did anything.

It proves your client's a career criminal, Mr. Young. He started at

then escalated to sale, and now he's graduated to murder.

That was an accident. Yes, you killed the wrong person. I understand. You were

trying to kill somebody else.

No, but I already told you that I didn't have a choice.

It seems to me you had a choice to walk away from that corner.

If you were worried about your safety...

Why didn't you quit?

I don't know.

Look.

Mr. Young told me I need to be honest.

And I'm doing that.

I'm guilty.

I killed that woman and it was wrong.

I know I got no excuses. I chose my life.

But I don't think that it's unfair to say that I didn't get a lot of breaks in

my life.

It was hard growing up.

It was hard ever since.

I'm 19 years old.

I know that I made a lot of mistakes.

And I know I got to pay for what I did.

But I just don't think I should have to die for it.

Yeah, maybe I got no right to say that.

I'm just asking you... I'm just asking you to... I'm just asking you to give me

a chance.

Hey, what's Bobby up to?

Why are you asking me?

I mean, what makes you think he's even up to something? I mean, I haven't

noticed him being up to something. Anybody here think Bobby's up to

See? Nobody.

Is he here?

He's in his office, but I don't think he's up to anything.

Listen, I know you're trying to make an effort.

And, um, it's been months, you know, and... Lindsay,

you're not in love with me.

You can say it.

I love you, Bobby.

But, I don't know, it just, it seems with...

With everything that I've been through, I guess I feel a little emotionally

depleted. And what little I have, I give to our son.

And it seems I have nothing left.

You said that in starting your own firm.

You were beginning a process.

Of leaving me.

Where are you in that process?

I want us to make it.

I so desperately want us to make it.

Personally, I'm tired of the smug morality of death penalty opponents.

It's easy to be for life.

What's tough is to stand for what's right.

What's hard is to do the dirty work of dealing with those who have no regard

the lives of others.

We blame poverty for their crimes.

The fact that their parents didn't love them enough. The media.

We even blame ourselves.

We've become so weak and morally uncertain.

That we can't even come together to punish those who kill us.

Today, I stand for the silent dead.

Lauren Hayes can't speak for herself.

But her blood cries out.

Do justice to Troy Ezekiel.

He took her life, her future, all that she was or will ever be. And he took

more than that.

He took her son's futures.

He sentenced them to a life of foster homes and uncertainty and pain.

Make no mistake, there was more than one victim there. Those boys are victims

too.

Like me, you men are prosecutors.

Our duty is to protect society.

Executing Troy Ezekiel will affirm that we as a people are prepared to bear any

ethical burden.

And bear any moral cost to defend our citizens and our way of life.

God help us.

If we're not strong enough to do that anymore.

Up until now, you've heard mainly from Eugene Young.

I'd like you to hear from me now.

Personally... I've always been pro -death penalty.

In the last few years, I've switched.

Mainly on grounds of humanity, but also on grounds... the

reality that the system is so fundamentally flawed.

More than a hundred death row inmates have been cleared and released.

Who knows how many innocent people we've killed?

Mr. Berluti, for the sake of this hearing, we assume guilt.

And even if we didn't, are you really suggesting to us that Troy Ezekiel is

innocent? I'm suggesting to you that the system of capital punishment is broken.

How people get on death row is suspect.

And it's suspect here.

How so?

This is politics.

The fact is, if we had a Democrat in the White House, none of us would be here

today. Not on these facts.

Especially in a state that...

doesn't have the death penalty.

But now, under this administration, we do it all the time.

We've sought more executions in the last six months than Bill Clinton did in the

last eight years.

What kind of system allows that to happen, where the same crime, the same

criminal, is treated differently based on who's in office?

I'd advise you to excise the Political Commentary Council and just stick to

Ezekiel.

The death penalty is the greatest punishment we have.

It's reserved for the most vicious criminals.

It's the remedy we use for the worst of the worst.

That's not Troy Ezekiel.

And you know it.

He needs to be punished.

He's ready for that.

That's why we came here today.

That's why Troy answered all your questions and in the process guaranteed

himself a conviction.

He knows his life is in your hands The

decision the five of you make today is about much more than the fate of my

client It's about the character of this committee It's about the integrity

of this system

He's a boy

You can't seek to kill him and tell me politics isn't in play.

How long you think before we hear something?

I don't know.

Jimmy's checking.

Well before an answer today.

Thank you.

I know you don't like me much, but... I just

want to say thank you for... You

like being a lawyer?

For the most part.

You seem good at it.

Thank you.

How long does it take?

Sorry?

Law school.

Four years of college, but how many years for law school?

Three.

Seven years.

I've been thinking of doing it.

I think I want to be a public defender.

You ever do that?

No. That's what I think I want to do, help people.

That's what I'm going to do.

They called us back.

The defendant's youth is a relatively short criminal history, and his family

circumstances are mitigating factors that certainly support us pursuing a

sentence than death.

However, the reckless nature of the crime,

the fact it furthered drug trafficking, its commission so close to a school, the

enormous impact it had on the victim's family, these aggravating facts also

support us filing death papers and seeking to execute him.

Based on today's presentation, the committee has voted in this case to seek

without possibility of parole.

Heinous as this crime was, we feel this criminal does not deserve to pay the

ultimate price.

The committee's work is done.

We're adjourned.

God bless you.

For your mercy.

God bless each one of you.

I almost cried.

I sat in on so many of those committees from the other side, but this time...

I just took off all my clothes and began to sing as loud as

I could.

Then I jumped up on the table and began a tap dance naked.

So how did you and Lindsay become so disconnected?

You're such a profound listener.

Sorry. I was a little... What were you thinking about?

I never thought I'd ever have an affair.

And here I am having one.

We're having dinner, like you say.

Innocent.

Whether I kiss you or sleep with you, that only changes the degree, Sarah.

I'm having dinner with a woman I'm attracted to.

Oh, Bobby, I've committed to the simple friendship theory. Why can't you?

Oh, come on.

You're here in the spirit of simple friendship.

Why not?

The truth is I don't have that many friends anymore. I moved off to D .C.

now I'm back.

Most of my friends have settled.

They have families.

I don't even have a close girlfriend that I can call up and say, gee, I'm

falling for this great guy, but he's married.

Scary stuff like that.

to have somebody to talk to.

When did this come in?

Just now.

What happened?

The Attorney General rejected the committee's recommendation.

What?

Under orders of the Office of the Attorney General, the United States

Office has filed a motion to seek the execution of your client, Troy Ezekiel.

can just overrule the committee?

Here he is.

Talking about our case?

No, just the death penalty in general. The United States Congress speaks.

They speak the voice of the people of this country, and it's clear that

is so concerned about the safety and security of its citizens that certain

crimes against the people of this country have been designated as death

by the Congress of the United States, signed into law by presidents.

I wanted you to stop it.

I wouldn't have had the discipline and the common sense in the end, so I'm

I agree. It's best if we stop now before it does get too dangerous.

Excuse me, where the hell is my car?

It's coming.

It's just really important that I get out of here.