Original subtitles

Excuse me.

I'm sorry to bother you.

Are you a lawyer?

I am.

My name is Ana Viorca, and I need a lawyer.

I see.

Do you have any money?

Um, um, twelve dollars.

I see.

You know, twelve dollars barely covers the time it would take me to say I can't

help you.

And since I've already said it, give me the 12 bucks.

I'm from Romania.

That's a nice country.

Beautiful castles. I don't want to go back.

Can you please help me?

Anna, what are you doing?

I'm not going back, Dad.

What do you mean you're not? I'm not going.

Can you please help me? Anna, what's going on here?

If I go back to Romania, they'll force me to get married.

Anna, let's go.

One second, sir.

What do you mean they're going to force you to get married?

They will, like they did with my sister.

This is a family matter. Let go of me. Mr. Viorca, your daughter is represented

by counsel.

Sir?

I'm sure you don't mean to make trouble.

Oh, but I do.

You're a foreigner. Take your hand off the girl, or I'll get you declared a

person of interest, which means you'll be locked up forever without so much as

trial. Don't think I kid you. This is the United States of America.

I'm about to call for the police.

Excuse me, I hate to interrupt, but this one's urgent, Your Honor. Alan Shore

representing... Is it Anya?

Ana Viorca.

Ana Viorca, petition for political asylum.

Res ipsa duzi.

Where's the girl now?

Custody in the INS. We have a hearing scheduled for 2 o 'clock. How were you

even there? I was filing an appeal on a household matter and stumbled across the

girl and her father.

Jamie, could you do some political asylum research for me? I need it

And also dig up whatever you can on the Roma faith.

Roma? R -O -M -A, yes.

Jimmy, looking well.

Meaning what?

He's always meaning something with his little comments.

Enough with the comments.

I have a walk -in. Laurent Gilbert.

He's in your office.

He seems in need.

Nine months ago, my wife was murdered.

I'm sorry.

She had been stalked.

And the police were unable to deter him.

And eventually...

She was stabbed in our home.

I've just come from the district attorney's office.

The trial is set to begin tomorrow, and I've just been informed by the district

attorney that she intends to offer 15 years.

I'm here wondering whether, as the husband of the victim, I have any rights

enjoin this.

Actually, you don't.

Clearly, if you were to pursue the defendant civilly, you'd have rights,

In a criminal proceeding... What about... Could we get it removed to a

court? I know the federal government sometimes claims jurisdiction for murder

cases so they can impose the death penalty, which this man deserves.

Again, you would have no standing to try to influence a criminal prosecution.

Do you think you could speak to this district attorney?

This is what he did to her.

You can't do that to somebody.

and only get 15 years.

Could you talk to this DA?

Thank you.

Let's talk about your sister.

How old is she?

She was 13 when she got married. Now she is 16.

After she was married, did she and her new

husband... Yes.

My father waved the sheets with blood on them.

That's tradition.

To show that the marriage was consummated.

Consummated is a big word for a 12 -year -old to use.

There's some words I look up.

That's one of them.

Why is your English so good? You have no accent.

We lived with relatives in the United States for six years.

My mother was a visiting professor at Amherst.

And then we moved back two years ago, and we've been on vacation here for the

last two weeks.

Where does your mother stand in all this?

It's my father.

You think I want to give him murder, too?

Look at my office. I'm obsessed with getting this guy.

I'm just facing the possibility that I won't.

Walk with me.

Why wouldn't you get him?

It's all circumstantial.

No witnesses or forensics putting him in that house.

Worst case scenario is, he walks. I don't think Mr. Gilbert wants that to

happen. Has this guy got any priors? A ton.

But if he doesn't testify, they don't come in, Eugene. Look, I am not saying

that we're not going to get him. I'm just saying it's a risk.

I've explained this to your client. He's just too emotional to hear it.

And by the way, the defendant turned down the 15.

What does that tell you?

I notified the Attorney General's office. They don't oppose.

Well, I do.

Your Honor, all I'm asking is that the girl be questioned in chambers instead

a big intimidating theater. Come on.

The courtroom is where we conduct all our legal business openly, notoriously,

keeping with the Constitution and the intent of our founding fathers.

I do all my business openly and notoriously, Counsel.

All of it.

How about sex, Your Honor?

You brought before me a motion for political asylum, Counsel.

That is a very serious piece of legal business. It will be tried and

in the courtroom.

It's not that she won't get him. She very well may.

On murder one?

Well, that could be tough. More likely murder two or... 31 times he stabbed

What could be more heinous than that?

With that many wounds.

Clearly, he kept stabbing her after she was dead. Now, that suggests a rage or

mental state that goes more to murder, too. So he could get parole?

This man deserves to get a bullet right between his eyes.

Look, she's trying for murder once. She is a good DA.

You mentioned going after him civilly.

I'd like to do that. Mr. Gilbert... I'd like to do that.

He comes for money. I know he has a house. Mr. Gilbert, people...

Sometimes get consumed by hatred.

Don't let this man make you more of a victim than you already are.

I think it would empower me to sue him civilly.

Would you represent me?

Let me monitor the criminal trial for a day or two and I'll let you know.

Assuming you are going to sue this man civilly, let me give you some advice.

It's illegal to use a criminal case for the purpose of advancing a civil one.

Now, I know you're not doing that, but... Miss Alexander tells me you've

the U .S. Attorney's Office, pressuring them.

In federal courts, they have the death penalty.

That's what he deserves.

Death.

Well, if you hope to have a civil claim at all...

You need to lay off the prosecutors.

A Chinese girl was granted asylum three years ago. Forced marriage?

That's the good news, but it's not precedent.

And Ashcroft has since recalled for further review all cases involving

a basis for asylum, including forced marriages.

Great.

Jimmy.

Continuing to look well.

As are you, Alan.

I'm afraid it's against the law for you specifically to stand there.

Fire code. No egress.

Another fat comment, Al?

All right, Jimmy. I must warn you, in addition to my knowing jujitsu, I'm also

direct descendant of Johnny Quest.

See how the lips move while very few words come out? Keep it up, sure.

Keep it up. Hey!

The next door neighbor had noticed a car parked several nights on this street

with a man sitting inside, looking at a laptop computer.

Did she get a look at the driver?

No. But she took down the plate number, then called us after the murder.

The car was registered to Jake Spooner, the defendant.

We secured a search warrant for Mr. Spooner's home in Cambridge and executed

And what did you find, detective?

On the defendant's computer, we found hours of video footage of the Gilberts'

nursery. Did you determine the source?

Yes. The Gilberts had a camera in the room. They used it as a baby monitor.

It was over their daughter's crib.

Okay, but how did these images end up on the defendant's computer?

He's the one who installed the camera as well as the other electronics in the

victim's house.

And he also set up a system to intercept their videos.

And, Detective, can you tell us what these videos on the defendant's computer

showed?

On one file, it was mostly the baby sleeping.

Sometimes Tracy Gilbert came in the room and played with her baby, and twice she

breastfed her child.

Mr. Gilbert was on it, too, feeding her a bottle.

But there was another file, where he had edited together scenes and digitally

manipulated them, giving them some special effects that he added.

So basically, he made a movie. A graphic, disturbing movie.

Detective, Tracy Gilbert had been stabbed 30 times?

Over 30.

Would it be fair to say whoever killed her would likely be soaked in her blood?

Yes. And yet you found none of Mrs. Gilbert's blood on any of my client's

clothes, did you?

No. What about his house?

Not blood.

But his prints were all over the victim's house.

But he'd been in the house fixing some equipment a week before, right?

That's correct.

Thank you. No further questions, Detective.

Miss Alexander?

Nothing, Your Honor.

We'll recess and resume with our next witness after lunch.

I don't even like him. Like who, Anna? The boy that I'm supposed to marry.

I don't think he's nice. I don't think he's cute.

I don't think he's anything.

Now, Anna, in Romania, the legal age for marriage is 18. Am I right?

Yes, but we are Roma.

That's our religious faith.

Tradition is that they arrange child weddings all the time.

My sister got married at 13.

And he had to have sex.

I don't want to have sex.

You say these arranged marriages happen a lot?

Yes.

Some of your friends get married in this way?

Yes. Are they okay with it?

Maybe they are, but I'm not.

Are you afraid of this boy?

No, I just don't want to marry him.

Or anybody else.

Now let's talk about your mom and dad.

Do you love them?

I do.

But that doesn't mean that I have to follow all their ancient rules,

the ones that are barbaric.

Barbaric? Did your lawyer tell you to use that word?

Objection. I told her to use reprehensible, repugnant, and criminal.

with barbaric all on her own.

Continue. What do you think of America, Anna?

I love it.

Tell me, excluding this marriage business, if you could choose which

you'd rather live in, what would it be?

America?

I see.

Is it possible this might be more about your wanting to stay here than it is

your fearing going back there?

It's about me not wanting to get married.

It's about me not wanting to have to be raped by some 15 -year -old boy I don't

even like.

A client?

Former client. I represented him 10, 12 years ago. I mean, his name didn't ring

a bell, but when I saw his face... When you represented him, what was he charged

with?

Murder.

You got him up.

Look, Mr. Gilbert, I was doing my job. It's not like I like the guy.

Listen, obviously I would have...

A conflict representing you against him.

But let me do this.

I'll monitor the trial a little bit more.

I'll assess your case.

That much I can't do.

If she's disopposed, I won't make her go through with it.

Well, according to Anna, her sister was opposed. She was crying and screaming

when they brought her into the church. She had to go through with it. The

ceremony was halted and continued only after she agreed. Under duress?

Mr. Shore, my daughter is afraid she'll miss her friends here.

That's what this is about.

I'm sure there are many kids coming out of Disneyland seeking asylum, too. You

are forcing your 12 -year -old daughter to be married, sir. Please don't equate

that with... There are Mormon families who do that in this country. The Mormon

Church does not sanction marriage. But it happens. It goes on. And the police

don't always enforce the law against it, do they, Mr. Shore?

How about we strike a deal, then? You leave your daughter here, we'll raise

in Utah.

Objection. Our marital success rate far surpasses the divorce numbers in this

country. This goes to show you what a little servitude will get you, right,

Yorker? Mr. Shore.

What happens now?

Well, tomorrow morning we hear from your mother.

Tell me about her.

She's very nice, smart, a professor.

If you had trouble with my dad, you'll be no match for her.

You don't think I'm any match for you, do you?

How are we doing?

Political asylum is tough, Anna.

Though the whole world apparently hates us right now, we still seem to be the

destination of Joyce.

Do you think you could take me away from here?

Just for an hour or two.

It's so depressing here.

I'll tell you what.

I'll try to persuade the judge to let me take you out for breakfast.

May I ask, do you have children?

I'm sure I must.

I know you're going to win.

When I was looking around the courtroom yesterday, deciding what lawyer to run

up to.

I saw your face, and I knew you would be the one to save me.

The victim was stabbed 31 times over her face, neck, torso, hands.

The blows were of such a force her head was almost separated from her body.

What can you tell us about the weapon?

It was a knife with a 6 1⁄4 -inch blade, serrated edges.

Do you know if the knife was ever located?

It was not.

However, we found this knife set in the defendant's kitchen.

The set is always sold with five knives of varying lengths.

The defendant had only four knives.

The one with the serrated 6 1⁄4 -inch blade was missing.

Tests showed that the wounds to Mrs. Gilbert's body were consistent with the

missing knife.

And did the wounds tell you anything about the killer?

From the angles of penetration, we determined that the killer was over six

and left -handed.

The knife you're referring to, would it surprise you to learn that 5 ,000

identical knives were sold in the last three years in the Boston area?

No. And to confirm, you never found the murder weapon?

No, we did not.

Yes, it's circumstantial. But from where I sit, he's going away.

Murder one?

Well, that I don't know.

I have here an article.

It says where the federal government can also bring civil rights charges, and it

doesn't amount to double jeopardy. Does the death penalty ever apply to these

civil rights cases?

Mr. Gilbert.

I would never presume to know what you're going through, Madame.

Are you getting counseling?

See, I took the liberty of looking at some of those videos, and there was one

particular. You were sitting in a chair, feeding your daughter, and what I saw

was a father.

A man full of love, somebody tender.

What I see sitting across from me now is a man dominated by hate.

Now, while your rage is certainly understandable, I would think that what

wife would want for your daughter is for you to try to be the man that I saw in

that video.

I, uh... I don't really know how to...

do anything else right now besides hate him

and to be honest

i hate you a little as well

for getting him off 10 years ago for putting

him i'm sorry

Well, my testimony is first up. I suppose I should get some rest.

Should I give you the big defense attorney speech?

I gave that speech to my wife at the time.

I gave it a line, you know.

We represent the guilty, thus ultimately protecting the innocent.

This is one of the innocents I was protecting.

After he had worked for us, he kept coming around, presumably to check the

equipment he installed.

Did this strike you as strange?

Perhaps a little, but we weren't alarmed.

Until Tracy started to notice him at the market, the gym, her art class.

He was everywhere she went.

We soon realized he was stalking her.

Did you go to the police?

We did.

They said since these were all public places, there was nothing they could

really do.

And Mr. Gilbert, at some point you confronted the defendant.

Did you not? Yes.

Two days before the murder, I asked him to refrain from following my wife. I

told him he was scaring her and my family.

I stated I was afraid for her safety.

And how did he respond?

He said if he wanted to harm her, he wouldn't just follow her around.

My client had been in your house many times.

Yes, doing electrical work.

Even as recent as a week before the murder, he was in your house?

Yes. So you didn't regard him as a threat?

We were getting nervous, but we attributed it to our own paranoia.

Then, about a week before, he entered the house without knocking, and it

my wife.

That's when I went to the police.

Two days after that, I confronted him.

I assume you loved your wife very much.

You assume correctly.

Love anyone else as well?

I beg your pardon?

Were you having an affair at the time of your wife's death?

Did you kill your wife, Mr. Gilbert?

Objection! Miss Willow, you'd better have a good faith basis for that

Sidebar, Your Honor.

What's this about?

Your Honor, last night I received an anonymous message.

I submit a copy for your review.

It may be completely bogus, but since it alleges that Mr. Gilbert was having an

affair and that he is the killer of his wife, Tracy...

Bogus or not, it's enough to give me good faith for asking the question.

I'll allow it. Your Honor, I really... You're on a short leash.

Now step back.

Let's start with the affair, Mr. Gilbert.

Were you in love with another woman at the time of your wife's murder?

I'd like to exercise my Fifth Amendment right not to answer.

It had nothing to do with this case.

Mr. Gilbert, it may be irrelevant, but we... She's married.

She has a family. I can't... I can't do this to them.

What the hell is going on?

Am I free to say what you've told me?

No. Let me tell you something.

If you plead the fifth, you gift wrap reasonable doubt with a big red bow. Do

you understand me?

The fact of the matter is, Mr. Gilbert, you have no alibi for the night of the

murder.

Nobody can verify they saw you working late.

The reason we dismissed you as a suspect is we had no motive. Now we do. Hold on

a second. I'm not trying to threaten you. I'm just making you aware.

This is what the defense attorney will play like a trombone.

Our only chance now is to explore this affair.

Rule you out as a suspect. I'm not talking about the affair.

Well, then we're done, Mr. Gilbert.

I'll certainly keep prosecuting.

But we're done.

I was married when I was 12.

My mother was married when she was 14.

My grandmother was married when she was 13.

All arranged marriages?

Yes. All successful as well, I might add.

But Mrs. Bjorka, you do appreciate that the idea is a little offensive to

Americans. I do.

But Americans have trouble comprehending non -romantic unions.

Well, marriage without love... Marriage is about family, partnerships for

parenting. In our faith, it's also about preserving ethnic identity.

And by the way, arranged marriages still go on in the United States, however

quietly, for this very reason.

In the United States?

Yes. And I don't mean simply in the Mormon faith.

It happens with Orthodox Jews, the Greeks, Muslims, Hindus.

There are thousands of such marriages every year in this country.

You see nothing wrong with forcing Anna to be married or to be raped.

If she doesn't consent to consummating the marriage, Mr. Shore, then sex

shouldn't happen.

But Mrs. Viorca, come on, if her 15 -year -old husband overpowers her in the

name of religious consummation, he's not going to be prosecuted, is he?

First of all, how dare you presume Roma boys to be rapists?

Because consummating the marriage is part of Roman tradition.

Consummation is traditional in America as well.

But if the bride says no, we don't assume rape.

We assume capacity to give consent.

We can't do that with a 12 -year -old. You don't know our culture. I know this

is an archaic practice that has no place in this child's life today.

I know persecution, Mrs. Fiorca. I know crime.

In this country, you take newborn babies and snip off the ends of their penises.

I imagine some other cultures would object to that.

The United States believed in executing human beings, while every other

westernized country finds that barbaric.

Yes. I'm sure we could exchange cultural barbs ad nauseum. It wouldn't change

the fact you're this girl's mother. And I love her deeply.

And perhaps you would entertain a radical idea that a mother might know

best for her daughter.

And perhaps you could allow for the not -so -radical reality this girl is a

child. Whose parents deserve the right to raise her according to their culture,

even should it have the audacity to vary from the United States of America.

Told you she'd be tough.

Yes, you did.

Anna, should we win here?

Are you going to be happy being raised by your relatives?

Maybe I'll marry you.

Gotcha.

My relatives understand.

They'll look after me.

Won't you miss your parents?

Of course I will.

I'll probably cry forever.

But it's not right that I should be forced to marry somebody I do not love

even like.

That is not right.

Jury's out.

Who knows for how long, with your friend taking the fifth.

Who are we kidding?

Do you think it's possible he could have done it?

I don't know.

You know, we always go to the spouse first.

Because he had no alibi.

We interviewed every person in this guy's life. All of them said he was

to his wife and family.

Hopelessly in love with her were the words most often used.

I don't see him.

stabbing her 31 times.

Now, I don't think he could have done it.

To answer your question.

Representing the United States, a country being condemned

worldwide at the moment for imposing its views beyond its own borders.

Do I favor arranged marriages? Absolutely not. When children are

find it abhorrent, as I'm sure you do, Your Honor. But it is simply not our

right to dictate our notion of morality to foreign countries.

Anna Vyorka is a wonderful little girl, but by her own testimony, she's not

really afraid of getting married. She just doesn't want to do it. That simply

fails to rise to the legal threshold of persecution that warrants... This

girl has a loving family, eager to safeguard her future according to their

culture and their tradition. As much as we might reject that tradition, it is

not our right to substitute our own.

Your Honor, these are not particularly proud times for Americans. Around the

world, we're increasingly perceived as imperialists. Where they get that, I

haven't a clue.

But I think we can all agree the last thing we need to do right now is to

continue to police more foreign cultures.

The truth is, I agree with almost everything Mr. Bennett just said. But

a child facing an enforced marriage she does not want.

Facing enforced sex she does not want. This isn't tantamount to rape. It is

rape.

Rape.

It may surprise you, but I happen to be a very proud American.

And where I remain most proud of our nation is in the belief that its people

remain strongly committed to human rights.

At our noblest, the United States serves to protect the weak, the oppressed.

A 12 -year -old child.

is asking you today to spare her from an unimaginable atrocity.

I fully understand we can't be policemen for the world, but how about for

one innocent, vulnerable child?

You sure you want to be here?

They know he killed her. They have to know it.

Mr. Foreman, have you reached a verdict?

We have, Your Honor.

The defendant will please rise.

What say you?

The matter of Commonwealth v.

Jake Spooner on the charge of murder in the first degree.

We find the defendant, Jake Spooner, not guilty.

Thank you.

This completes your service.

Mr. Spooner, you are free to go.

We are adjourned.

You okay?

Mr. Gilbert.

I can still pursue him civilly, right?

Well, that of fair business would come up in a civil trial, too.

Mr. Gilbert, I don't mean to sound like a broken record here, but you really

need to let it go now.

I mean, you have a little girl. You have your entire life ahead of you.

I keep saying I got nothing to say

other than this was justice.

I'm innocent.

I didn't stab anybody.

And I'm grateful that the jury saw it my way.

And now I'm just going to try to get back on with my life.

Witnesses reported a blue pickup fleeing the scene.

There has been no description of any of the occupants.

Did he order it?

Gilbert? I don't know.

Who else would have done it?

I don't know.

Where is he?

Police got him for questioning.

Is there a reason you're not with him?

I'm done with the man.

People from all over the world appear before me every day begging, please let

stay in this country.

Some facing unimaginable poverty, oppression, or cultural hatred.

We typically uniformly say no.

Here we have a young girl who quite justifiably doesn't want to have her

forced in marriage at the age of 12.

Mr. and Mrs. Viorca, I find this Roma tradition to be repugnant, even

sick. But I realize that could be my own cultural bias talking.

And I am mindful that the legal test for persecution is not how I feel or even

what Anna feels, but what the reasonable person in Anna's predicament, in Anna's

country, would feel.

The testimony and evidence seem to clearly establish that these forced

typically happen in the Roma faith.

That it's a cultural norm.

And that the reasonable Roma 12 -year -old girl does not feel persecuted by

them.

Looking at this through their lens, which I am required by law to do.

I cannot find the level of persecution that would authorize me to grant asylum.

Mr. and Mrs. Villorca, I would love nothing more than to impose my American

culture and my American values upon you, but I can't.

All I can do is hope, even pray, that you abide by your daughter's

wishes.

The plaintiff's petition is denied.

The minor should be immediately released to her parents.

Can we appeal?

No.

What do you mean?

There's always appeals.

Not on this.

That's not right.

Why can't... Anna?

You need to come with us now.

I can't.

You need to come with us.

I'm sorry.

Thank you very much.

Goodbye, Mr. Shore.

Goodbye.

What do I do with this wrongful death research?

Put it in the file.

We may send off an opinion letter if he ever asks.

And make sure we bill him.

Well, well, well.

What have we here?

Grieving husband?

Murderer? Devil?

All of the above?

The police just questioned me for five hours and released me.

Yes, well, I'm sure there was no evidence.

I'm sure the job... was immaculate.

You stood beside me, Mr. Young. You, of all people, know I didn't kill Mr.

Spooner.

I don't know you didn't order the hit, but I'll tell you this.

Standing beside you, I had the opportunity to see your face when your

killer went down.

You didn't look surprised, Mr. Gilbert.

One could almost conclude you expected him to get shot.

Is that what you think?

Here's what I know.

You were desperate for the death penalty.

You said to me he deserves a bullet right between the eyes.

Those were your exact words, Mr. Gilbert.

Quite a coincidence, don't you think? I mean, considering where he got shot.

You never had any affair.

You sent that anonymous note to the defense counsel.

You set yourself up with the question.

Then you played the fifth, knowing full well your wife's killer would be set

free.

Then you had him executed.

Because that's what he deserved.

Mr. Young, I'm sure Mr. Spooner had many enemies who wanted him dead.

After all, we know he killed before, right?

He was only free on a technicality.

Because you were able to suppress most of the evidence.

That's why you chose me.

You knew all the time I'd gotten them off.

I wish you well, Mr. Young.