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Previously on The Practice.
Did you murder her because she was going to break off a sexual affair? I did not
have an affair with her, and I did not kill her. You're going down for murder
now. You get that?
It was Stephen.
Your son, Stephen? I saw the door close on him when he left. Why haven't you
told anybody this? Because I don't want him to spend the rest of his life in
jail for something I drove him to.
Let me go to the DA.
Absolutely not. This is between you and me. You gave me your word. We find the
defendant guilty.
I didn't do it.
I didn't do it.
Your dad saw you going out the door.
The reason he's staying quiet, he doesn't want to see you go to prison.
He loves you too much for that.
Jimmy, what happened?
Stephen Olsen.
He just hung himself in the garage.
You think I'm going to ask a judge to release a convicted murderer on the
grounds that his defense attorney says he's innocent? I expect you to because
is innocent. For all I know, the kid hung himself because his father's a
That isn't the case. Well, give me evidence.
What happened?
They tried to rape me.
Inmates?
Two of them.
I covered my ass.
My face didn't dare so well.
Doctors say you're going to be okay.
I want solitary, Jimmy.
I don't want to be in the general population anymore.
Can you get me solitary, Jimmy?
Richard, I want to reopen the Henry Olsen case.
On what grounds? On the grounds he's innocent.
Jimmy, I told you, bring me new evidence and I can do this. There's no new
evidence. But that doesn't change the truth.
The guy didn't do it.
Look, I got a pretrial. Can we talk later?
Yeah.
Listen, if the DA goes forward... That's not going to happen. Why? Because your
conviction rate? Because I don't believe he's innocent.
The case went to verdict.
The right man is serving time.
I need a favor here. I'm sorry.
No.
I filed a petition to reopen.
Clyde Miller, murder in the first degree. Hold on.
Richard Bay for the Commonwealth, Your Honor. We oppose bail of any kind. The
suspect is obviously a flight risk, not to mention... Is he represented?
Inogen, we're waiting for somebody from the PD's office.
Mr. Berluti, come meet your new client.
I'm not taking appointments today, Judge.
Oh, I'm afraid you are.
We'll enter a not guilty for right now.
Meet with Mr. Miller, then we'll conference.
Your Honor, I can't take... Are you in trial, Mr. Berluti?
No, but... Then meet with Mr. Miller.
Next case, please.
People versus Megan Boucher.
Solicitation and loitering.
Can I get you some more coffee?
This is my third cup. Is Mr. Bradford not available?
He's just finishing up a conference call. He'll be right back. He's been
finishing that call for some time.
We have other business scheduled for today, and if he's too busy... I
Thank you, Sheila.
I'm sorry, Eugene, Rebecca.
I've actually been conferencing with the insurance company and Dr. Stiles.
I pushed them up to 32, but that's as far as they'll go, and Dr. Stiles is
to be settling it all.
Thirty -two?
Yes.
Thirty -two thousand?
Yes.
A man is dead.
You're offering $32 ,000.
Well, it's not a question of the worth of the deceased, Eugene. You know that.
The issue is liability. My client died on the doctor's table.
Look, you and I could debate this ad nauseum.
We're never going to agree.
My client is adamant.
So...
Either we're going to end this at 32 ,000, or we're going to have to let a
decide.
We'll be letting the jury decide.
I didn't know he was a rabbi. I swear, I didn't know. I understand this, but
Clyde, whether you knew he was a rabbi or not, it was still illegal for you to
kill him. Does that mean they're going to get me like on...
One of those hate crimes?
Because he's Jewish, I get nailed with a hate crime?
Clyde, hate crime isn't your worry. You're up on first -degree murder. You
rabbi over the head with a bat. But don't they got a proven intent?
My intent was to rob him.
This is prejudice.
Jews, they get special treatment.
You think Jews get special treatment on account of you not being able to hit
rabbis with bats?
I just meant to rob him.
I was swinging for his shoulder blade.
I'm begging you. Oh, right. I'm Jewish. I really want to take this off your
hands. He's not going to hit you. Forget it.
Lindsay. I've got the winter deficits all week. Oh, come on. What's wrong?
I'm going into court tomorrow, trying to reopen on Henry Olsen. Judge just
spanked me with a court -appointed Lou Jack, and nobody here will lend a hand
after I just flew cross -country to help you. Jimmy, I can't. I'm in a pinch
here. I need some assistance.
All right.
Eleanor, back him up. Why can't Lindsay do it? Why can't I just give it to him?
Because it's on the news, Jimmy.
There's a big public outcry. Have you been paying attention?
Well, I got a motion to reopen on Henry Olsen. I'll help on Olsen. Eleanor?
Basically, they're still denying blame.
The doctor evidently is reluctant to settle it all.
So what happens now?
Well, we're still scheduled for trial tomorrow. You can either take the 32,
which...
Well, our costs right now are running over 14, so that plus the contingency,
get about 11.
$11 ,000?
You make out better than us.
Between my time and Eugene's, we've got over $40 ,000 invested in this case.
So why are we even hesitating? Let's go to trial.
Mrs. Riley, I'll be honest.
This is a very tough case to win.
Now, I believe the doctor was negligent, but proving it...
I know 11's not much, but I'm sure you could use the money.
Is there a woman that you love, Mr. Young?
Yes.
Well, I'll tell you.
The day comes, some doctor kills her. The day comes, you have to bury her.
I don't think you're going to be walking away for $11 ,000, whether you could
use the money or not.
me out tomorrow.
Did you get me isolation?
They stuck the guys who did this to you in the hole in me, so there'll be
others, Jimmy.
Look, I'm a freak.
I'm the guy with the bug fetish. Okay.
I'll take care of it.
Meantime, I got a motion set tomorrow to reopen your case.
Is there any chance?
I don't know.
But I'm gonna fight.
I promise you.
I'm gonna fight.
I, uh... I never told you how sorry I am that he took his
life.
On account of me... No.
It was me.
If I hadn't confronted him, which I had no legal right to do... Jimmy,
consider who we had for a father.
You're a good man, Henry.
You've always been a good man.
Your son knew that.
Yeah.
I'm gonna fight.
The cast and crew of The Shield.
I used to date a Jewish girl.
I'm not prejudiced.
I only hit the guy because he wouldn't give me his money.
Clyde, will you get off the Jewish thing? It don't matter that the victim
Jewish. What matters is he's dead.
Oh, you don't know what this is going to do to my parents. They're calling you a
murderer. You think they're proud?
All right, Jimmy. Forget that he was a rabbi.
All right.
Look.
Tell me what you were doing in that alley to begin with.
I was hiding. I was waiting amongst somebody.
But I would have hid any religion, I swear.
Guard! Look, I'm doing court on another matter. I'm going to come back after
lunch. Don't talk to anybody. You hear me? Nobody.
Yeah, fine. I'm not a talker. You were thinking.
Jimmy. The guy's got the IQ of a relief pitcher.
It was a birthday present.
From you to your husband.
Yes. He just couldn't take being fat.
So as a birthday gift... I took him to Dr. Stiles to talk about liposuction.
And how did you hear of Dr. Stiles, Mrs. Riley?
I saw his ad.
And when you went to see him?
Everything was fine.
He said my husband was a good candidate.
Very exciting for my husband. He couldn't wait to do it.
So you decided to go for the surgery?
Yes. It was just supposed to be an outpatient thing, so...
We arrived at his office at 7 in the morning, and the procedure started
at 10.
And then at 1 o 'clock, the doctor came out and
told me that my husband was dead.
Your husband was told there was a risk.
Minimal risk.
Possible risk of death, wasn't that one?
Yes. It wasn't something that... The message was that this operation was
safe, Mr. Bradford.
Please understand just how sorry I am for your loss.
Mrs. Riley, who was the first person to suggest to you that Dr. Stiles might
have been negligent? The first person?
Yes.
Well...
I'm afraid I don't really understand the question. Well, let me state it another
way. Was it a doctor or was it a lawyer?
Objection. What's the point, Mr. Bradford? Well, Your Honor, there are
cases where a doctor says negligence and the plaintiff then engages a lawyer.
And there are other cases where a lawyer declares negligence and doctors are
then rounded up to bolster the claim.
Objection. Rephrase at counsel.
Mrs. Riley, just how many firms did you go to before finding one to take your
case? Objection.
Sidebar, Your Honor.
Part of our defense is that this is a spurious claim manufactured to flush out
deep pocket insurance company.
It is certainly relevant that other attorneys decline to even take on the
matter. It is certainly not relevant how other lawyers assess this has nothing
to do with the case. I agree.
You're shut down there, Mr. Bradford. Step back.
Members of the jury...
Whether or not other attorneys or law firms elected to represent the plaintiff
in this matter is without relevance, and you're to disregard defense counsel's
question.
Let me see if I understand this.
You learned during the trial from your client that it was his son that killed
the woman.
I learned just before closing arguments, yes.
Then why didn't you go to the district attorney right then and ask him...
Because my client wouldn't let me.
It was attorney -client privilege, and he was looking to protect his son.
I see. And if your client had been acquitted, that would have been the end
it.
Well... You wouldn't be here today seeking justice, would you, counsel?
That would have been the end of it.
Your Honor, my meeting with the boy, though he didn't flat -out admit that he
did it, he didn't deny it either.
And a failure to deny can constitute an admission under the rules of evidence.
The courts don't simply throw out convictions, counsel, simply because...
kid hung himself.
What does that say?
I confronted him with what he did. He goes home and hangs himself.
That isn't evidence.
Then let me offer evidence.
You haven't got any, Jimmy. I would like the court to hear from my client. This
seems like a waste of the court's time. He's serving a life sentence. We can't
waste one afternoon.
One day.
I don't know what you really plan to accomplish.
I plan to accomplish getting him out of prison, which he should be. Yeah, right.
Look, how about we get together on Miller?
Fine. Cooperate with me on Olsen. I'll talk on Miller.
Don't insult my intelligence, Jimmy.
I was insulting your integrity.
Fluid is actually being pumped into the body at this point.
It's pretty much a salt solution containing a local anesthetic. What kind
anesthetic?
Lidocaine. It numbs the patient.
Is this a difficult procedure, doctor?
It's quite simple, actually.
Which is part of the problem.
We've got dentists doing it, dermatologists.
It's lucrative, and a lot of doctors want in. And if they're not careful, the
procedure can be lethal.
As it was in this case.
What happened to Morris Riley?
The first mistake was taking so much fat out.
Anything over 15%, in my view, is unsafe.
Is this what killed him? No.
In my opinion, Mr. Riley suffered from a lidocaine overdose.
The lidocaine lowered the heart rate, eventually causing cardiac arrest.
And since he did this in his office instead of at the hospital, he didn't
the necessary technology or personnel available to respond to the crisis.
You weren't in the room, were you, Dr. Willis? No, I was not. Have you ever
performed a liposuction procedure, sir?
I've done hundreds.
Hundreds?
Any in your office?
Almost all of them.
I see. So this decision not to go into a hospital, you make that decision all
the time. I would never take that much fat out in my office.
If I were going to remove more than 12 pounds, I would have done it in a
hospital.
That's a very good answer, Doctor.
Can you state to a medical certainty that Mr. Riley died from a lidocaine
overdose? I can state it to a reasonable certainty.
But not to an absolute medical certainty.
That can almost never be done, counsel. I see. And have you ever known Hartz to
go into arrest during this procedure absent a lidocaine overdose?
Of course.
That's possible here, isn't it, doctor?
Possible, but my opinion is they overloaded him with fluids.
I see.
Tell me, doctor, how many trials have you testified in over the last year?
Many.
Many. More than 50?
Around 50.
And would it be fair to say, sir, that you are primarily hired by these types
plaintiff law firms?
Objection. Sustained.
Let me rephrase.
You've been hired by this law firm before, haven't you, sir?
Objection. What's the relevance? It goes to bias, Your Honor.
He's been hired in the past and will be hired in the future. This witness has
incentive to satisfy personal injury law firms.
Objection! Move to strike that.
I'm going to overrule the objection, but I'm closing the door on this line of
questioning.
In that case, I'm done, Your Honor.
You know what's going on. He's putting us on trial.
He wants the jury to associate this case with you and me.
All I can tell you at this time is the suspect passed a psychiatric exam, which
means he's competent to stand trial.
Was the baseball bat found? I'm not going to comment on the evidence at this
time. When there's further developments, I'll keep you apprised. Were you
surprised this case was assigned to you after so many recent high -profile
flaws?
There's no strategy here.
Just speak from the heart.
Okay.
Will I have to get into the, uh... bugs?
You might.
You may have to open yourself up in there, Henry.
Our only chance is if the judge believes you.
If he thinks you're hiding anything.
Okay.
Should Allison be there?
It couldn't hurt.
Everything was going fine, and then suddenly his blood pressure just
Did you know why?
No. There's always a risk in any surgery. I do know we didn't overload
When Mr. Riley's heart went into arrest, what did you do?
We massaged the chest, brought in a defibrillator, started the heart again.
But then it stopped.
We wheeled on a crash cart. Contrary to Dr.
Will's assertion, we did have the technology to respond to this crisis.
Dr. Stiles, Mr. Riley did die on your table.
I know.
And it was devastating for all of us.
But death is a risk in every surgery.
Sometimes, whether it be heart failure or reaction to anesthesia,
unforeseen circumstances take a life.
All I can assure you of, as I've assured Mrs. Riley, is that... Everything was
done right in that room.
This is not a death due to doctor error.
Did you have a cardiothoracic surgeon?
I beg your pardon?
Did you have a cardiothoracic surgeon?
Somebody who could open up the patient's chest, massage the heart, maybe put him
on bypass even. Did you have such a doctor in your office?
No. A hospital would have, right?
How long have you been performing liposuction, sir?
I've been doing them for about two years. You are a cosmetic surgeon who
specializes on face reconstruction, aren't you? If you're suggesting that
not qualified to do the procedure... I'm suggesting this isn't your specialty.
I'm suggesting that up until two years ago, you worked on faces and burned
victims, but you didn't do liposuction. Isn't that correct? I'm sorry. I have to
object to this assault.
This is an assault?
Your Honor, I have a personal affection for Mr. Young. I think he's a fine
attorney. Perhaps a reminder that this is a civil trial. Your Honor. Never
I'm overruling the objection. Mr. Young, proceed.
You sucked out 22 pounds of fat, didn't you, Doctor?
Yes. You are aware that's more than what's considered to be safe.
You can't quantify safety with statistics.
It's done on a case -by -case basis, and in this case, I felt it was safe.
And he died? Not because I took out too much fat.
Well, as I understand it, the more fat you suction out, the more trauma to the
body. Is that correct?
Yes. And the more lidocaine needed to... This patient did not die from a
lidocaine overdose.
You know that to a medical certainty. As I said, you can never know anything to
a medical certainty. Then why are you saying it with such certainty?
Objection withdrawn.
How much do you charge for this kind of procedure?
I charge Mr. Riley $8 ,000.
And that's up front, right?
No insurance to deal with? How is this relevant? It is relevant because you're
in the business of sucking fat out of people without any concern. Objection!
can save your personal affection, Mr. Bradford. All right!
This is a court of law, not a street fight. What did you say? That's enough!
Your Honor, I apologize both to you and the jury for this unnecessary
acrimony.
Mr. Young, return your attention to the witness, please.
Mr. Olson, at trial, you said when you came out of your
office, you found the woman dead.
Did you see anything else?
Yes.
I saw my son, Stephen.
He was leaving.
Your son, Stephen?
Yes. But you never told anybody. I told you deep into the trial only
because you were going to accuse my wife.
Why did you keep this secret?
He had his whole life ahead of him, Your Honor.
Me?
I'm... I was a perverted deviant who
liked to watch women step on bugs.
I am the reason that he committed this crime. I drove him to commit this crime.
He'd heard his mother and me arguing about my fetish.
My attorneys told me that I had a chance of winning a trial.
So I took the chance, figuring if I could get out of prison, I could get
Stephen some help.
Why should we believe you?
Because I'm telling the truth.
Well, your son is dead. He can't defend himself to these charges.
I told Mr. Belluti before he was dead.
Even if you did, all this coincides with your motive to be cleared of this
crime. And all we have is your word here.
Isn't that right, Mr. Olson?
You lied to your wife about this bug thing. You kept the truth from your own
attorneys. That is, if this latest version is the truth.
We have a conviction here supported by evidence, which you're trying to
with nothing but your word of honor.
And my affidavit.
I accused the son, Stephen, of killing this woman. He didn't deny it. Instead,
he goes home and kills himself.
We have a tremendous injustice here.
An innocent man is sitting in jail for a crime he didn't commit. We can't just
sit back and say, too late, game's over.
It's not too late.
There he still sits.
It's not too late.
We all say better to let ten guilty men go free than send one innocent
man to jail.
And still he sits in prison innocent.
He didn't kill that woman.
Mr. Belluti, I'm impressed with your passion, and I don't dismiss the value
your affidavit, but still, we have a process here.
The jury listened to every witness, they deliberated, and they returned a
verdict. And I certainly have to have more than a defendant's word and an
attorney's word that he's innocent.
Otherwise, I'd be making a mockery of the jury system altogether.
That's one thing.
If the D .A. was coming forward with you saying an injustice has been done.
But here.
All I have is you.
The man's lawyer.
The man's friend.
Protesting his innocence.
The conviction stands.
Adjourned.
Come on to me.
I think we should call him on it.
I mean, how can we just sit back? Stick to the case, Rebecca.
He's not.
You know he's not.
We play any other card at this point, we just look desperate.
We stick to the merits of the case.
You're wasting your time, Jimmy.
What, you think you're going to liquor me out? Suppose I deliver the rabbi
killer.
Murder, too.
Clyde Miller, Henry Olsen, straight up.
First of all, what you're proposing is so unethical. Which is why I never
proposed it.
Second, I don't need any favors on Miller. We got the guy.
No, you don't, Richard.
Prince on the bat.
rabbi's dna all over he found the rabbi dead in the alley decided to rob him is
that his story could be and you can't completely disprove it the guy's got an
assault record as long yeah history of mugging not killing and all we need is
one lone juror high profile case public outrage you lose this one richard
i know you don't want to think about that i won't lose it jimmy Save your
trying to intimidate me.
I got an innocent man and a way to make things easy for you.
It's win -win.
Justice, justice.
If, I say if, Olsen passes a polygraph,
I will consider a joint recommendation to the court.
In a completely unrelated matter, I'm offering Clyde Miller murder, too.
Res ipsa loquitur.
That's a Latin term which basically means, what happened speaks for itself.
And that's what we have here.
That man... was in exclusive control of the situation.
The patient died in a procedure where injury does not normally occur.
After going in for liposuction, a procedure so simple dentists are now
he came out dead. And the doctor's response is, well, sometimes it happens.
Patients die.
And you know why he died, ladies and gentlemen?
Money.
Money. With HMOs cutting costs, with hospitals slashing doctors' salaries,
surgeons are turning to cosmetic surgery to heat their pools. Forget having to
wait for insurance reimbursements. These procedures aren't covered by insurance.
The money's up front. Six, seven, eight thousand dollars a pop for liposuction.
Are we talking about cash, people?
And they do it right in their offices.
Because you start cutting profits when you do it in a hospital.
Which is okay when things go right, I guess.
But when things go wrong?
Morris Riley.
Death.
He took out 22 pounds of fat.
Too much by medical standards.
He had to load him with extra lidocaine in order to do it. Lidocaine, a drug
that slows the pulse, a drug that affects the heart.
And he did it in his office with no cardiologist and no cardiothoracic
in the building. This should have been done in a hospital.
Something went terribly wrong.
Simple procedure.
Patient dies.
Something went terribly wrong.
Res ipsa loquita.
Murder two?
Isn't that like life?
It is, but with parole maybe.
If you go down on murder one, forget it. And you don't think that we could beat
it?
O .J., he beat it.
Honest, we could take the shot, but I don't think we'd win.
In which case, you are looking at murder one.
I think if we could make this go away quiet, with murder two, we'd be crazy
to take it.
Never mind there's been no negligence.
Never mind nobody did anything wrong. Go to court.
Roll the dice and hope for a jackpot.
Didn't used to be this way.
But with the proliferation of law schools and the lowering of the bar, if
will, we have a glut of attorneys and a resulting boom of litigation to feed
them.
And accordingly, you can always find a lawyer to take your case today. And Mrs.
Riley,
Found two very capable ones to take hers, didn't she?
The problem is, she has no evidence to establish any
wrongdoing by Dr. Stiles.
But we had an unfortunate result.
And therefore, we are automatically leaping to negligence.
Mr. Young even admitted as much, didn't he? When he stood up here saying, Res
Ipsa.
Let's presume it.
I have compassion for Mrs.
Riley's pain, as I'm sure you do.
Her husband's heart gave out, as hearts sometimes do.
There is a tragedy here, no question.
But there is no malpractice.
Mr. Young, rebuttal.
Whether there is malpractice or not, that is your decision.
But I hope you don't think less of Mrs. Riley's cause of action because of the
lawyers she found to represent her.
Well, don't get me wrong.
Like Mr. Bradford said, we're capable attorneys.
I think we're even a credit to our profession.
But let's face it, we're not the best.
We've come a long way, we've made some progress, but we're just not the first
choice, are we?
What's going on here?
What's going on with the proliferation of law schools and the lowering of the
bar? And more and more attorneys like us are finding our way into this room.
I'm agreeing with you, Mr. Bradford. Counsel, if you're not going to argue
evidence, I'll ask you to return to your seat.
Mr. Young and I are very much in evidence, Your Honor.
Mr. Bradford put us in evidence.
He asked Mrs. Riley who first told her there was negligence. Was it a doctor or
was it your lawyer?
He asked her, how many law firms did you visit before you found an attorney
willing to take your case?
He asked our expert witness if he was regularly hired by these types of
plaintiff law firms.
He announces... his personal affection for Mr. Young, and then reminds him this
isn't a street fight?
We are very much in evidence, Your Honor, and I don't like it.
I don't like it one bit.
Ms. Washington, I'll ask you once again.
Please confine your remarks to the case.
Wife saves up money to give her husband a liposuction procedure.
They go to a doctor.
Doctor performs procedure, husband dies.
That's a pretty good case.
Imagine how strong it would be if Mrs. Riley had found the right kind of
lawyers.
I didn't do anything.
Where's Jimmy?
Right here. You signed off on murder, too, with Clyde Miller?
Just like that?
We had to take it or leave it.
One -time offer.
So why did you take it? Because he was looking at first degree.
Well, we still could have tried the thing. And lost. But maybe won. There
evidence. Oh, please.
Jimmy, there were no witnesses.
I just beat a much tougher case than this one a month ago with Daryl
What's going on?
Clyde Miller, he just copped a second degree. There were no rabbits to pull on
this one, Eleanor. They had him dead to center. Even so, Jimmy, this seems a
little rushed. And since I am second chair, I think you could have run this
me before you... I didn't think you really wanted to be bothered.
Okay.
Good news.
Henry passed the polygraph.
He did? Yeah. They're transferring him to the courthouse.
What you taking the polygraph for?
Richard Bay. I worked him up last night. He said if Henry passed a lie detector,
he'd endorse his release.
Bay's gonna recommend release now?
He said a polygraph would sell him.
Richard Bay, the DA on... Clyde Miller.
Oh, my God.
Tell me.
In my office.
I can't. They're transferring Henry back to the courthouse. In my office.
You served up Miller to get Henry out? I made independent deals. Don't screw
with me, Jimmy. I made separate deals for two. You don't just cop to murder
Judgment call and don't tell me you've never done it. I know you've done it.
talking here. And I'm not listening. Shut up!
And don't you, don't you dare put yourself in my position.
A man isn't in jail because of you.
A kid didn't put a noose around his neck because of you.
You're falling apart.
Of course I'm falling apart.
I've been falling apart for three months. I got to fix this, Bobby. I
you. You just stay the hell out of it. I can't. Clyde Miller is a client of this
firm. I explained the deal to him. He took it. He's stupid. He'll do whatever
you say. You keep out of it. You want to fire me, fire me. But I got to fix
this.
He's a killer.
He killed a rabbi.
He should be in jail.
Henry Olsen shouldn't be.
This is a just result.
It doesn't work like that, Jimmy.
Please.
Two separate deals.
Two different cases.
He'd go down on murder one if we tried it.
Just let this be.
It could take some time.
They first have to decide on liability.
If they find him negligent, then they go to damages.
It could take some time.
You angry?
I just don't know that you helped, Rebecca.
It was in the air. I wasn't playing cards, I promise.
I just had to clear some air.
This is way too fast.
Tell me about it.
Mr. Foreman, the jury has reached a verdict.
We have, Your Honor. What say you?
On question one, do we find the defendant negligent? We, the jury,
On question two, do we find the defendant's negligence to be the
of Morris Riley's death?
We, the jury, answer yes.
We further order the defendant to pay damages to the plaintiff in the amount
$6 million.
Did he pay?
What did he pay?
He sure didn't pay $32 ,000.
$6 million?
Your Honor, we move for a judgment notwithstanding the verdict and ask that
award be put aside.
Denied. This matter is adjourned.
Members of the jury, thank you for your service.
Mr. Bay, I must say, I didn't expect this.
Your Honor, Mr. Berluti's verified affidavit, the boy's suicide, I have to
admit, it gives me serious pause.
Then this morning, Mr. Olson took a polygraph, which he passed.
Though that's not legally admissible, it should certainly be deemed reliable
and... Well, the Commonwealth no longer believes he committed the crime.
At the minimum, he should be granted a new trial.
Oh, and if granted a new trial, would the Commonwealth pursue it?
No, Your Honor.
We couldn't proceed in good faith at this point.
Well, then I'm certainly not going to waste anybody's time.
Mr. Olsen, you're a free man. The conviction is set aside. You can go.
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