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Previously on The Practice.
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My client was in shock at the time of
this interrogation. He had just found
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wife dead less than an hour before this.
I'll allow the videotape for
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impeachment purposes only.
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He killed my sister. Don't tell me now
that he's going to walk. Mr. Barrett, we
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had hoped to be able to introduce the
videotape interrogation. And you can't?
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Not unless we get him on the stand.
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This will only happen if his lawyers
think he's losing. Which means when we
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you, did your sister seem suicidal?
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A response of, I didn't think so, isn't
going to do it. She was murdered. If you
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know it, she did not commit suicide. You
absolutely know it. You should just say
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anything else, sir.
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She said that if she turned up missing,
that I should call the police, because
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Scott probably did something to her.
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Objection! I know what you said to him,
how you coached him to be... Hey, Helen!
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The man committed perjury, Richard. We
both know it. I want to testify. I can't
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let you. Poppy!
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The defense rests, Your Honor. We find
the defendant, Scott Wallace, guilty.
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This thing was built to bring children
joy, and it's toxic.
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The number Eleanor and I think is
reasonable is $160 per child. Nothing is
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enough for what they did to our kids.
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$20 ,000.
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$20 ,000? A piece.
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And we're only offering it to avoid the
publicity that this hearing might
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generate. We have children with severe
learning disabilities.
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Even if that thing is toxic, the
government didn't manufacture it. I
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we'll lose a summary judgment.
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To say that the EPA knew of a leeching
problem and failed either to correct it
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or to warn about it makes them negligent
is in fact a question a jury should be
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deciding, not a judge.
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What happened? We're still alive.
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Are your experts ready? They're all set.
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Dr. Tillotson flew in this morning. He's
going to be great. He's very dignified
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and very persuasive.
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Who have they got?
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How about everybody?
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They can't afford to lose this case. The
precedent would be a disaster.
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She's nervous.
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I am not.
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Okay, look. This is not like tobacco,
where the jury's going to go in thinking
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that the defendant is evil.
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There's no predisposition weighing in
your favor here.
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In fact, in this case, the jury's fears
will work against you. How do you figure
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that? People don't want to believe that
playground equipment all over is
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poisoning their children.
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They don't want to believe that the
government can know about it and just
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the other way because of politics.
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Well, that's exactly... People don't
want to believe it, Eleanor.
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Okay, Bobby, we get it.
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How is your science?
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It's circumstantial, but credible.
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Don't focus on proof so much. It's
hammering the fact that the EPA didn't
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this stuff enough.
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All right, Bobby, we have done this
before.
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We've been preparing this case for eight
months now, and we know what we have to
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do.
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Anything else?
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Yeah.
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When?
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You ready?
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Yeah, as ready as I'm gonna get.
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Are you going in today?
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Yeah, just moving slow.
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You okay, Helen?
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Yeah.
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Don't I look fabulous?
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It's just you've been acting a little
blue for about a week now.
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Really? Must be a midlife thing.
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Promised myself if I wasn't rich and
famous by 30, I'd...
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I'd least be sleeping with someone who
was.
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I'm working as fast as I can, Bobby. Get
Jimmy to help you. He's third chairing
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the Jamison trial. Look, when we sit on
our hands, Scott Wallace is sitting in
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jail. Nobody is sitting on their hands,
especially me.
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I'm off to see him now.
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Bobby, you are going to let him in on
everything he has to appeal.
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The injuries are neurological, most
likely caused by a toxin. Did you form
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opinion, Doctor, as to what caused these
neurological injuries?
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We couldn't make any findings to a
medical certainty, but it's my belief
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these children were exposed to arsenic
poisoning, and it was determined the
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likely culprit was a play gym in the
backyard.
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Okay, and can you tell us why you fault
the play gym?
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The wood was treated with chromated
copper arsenicals, commonly known as
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It's a fungicide. It's an insecticide.
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It's also a carcinogen.
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Over time, it can break down.
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The kids touch it. They put their hands
in their mouths and they ingest it. The
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neuropathy these children suffered is
consistent with the injuries typically
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caused by exposure to CCA.
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You can't prove that this play equipment
caused these problems, can you, doctor?
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Can I prove it?
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No. In fact, Doctor, you can't even
prove to a medical certainty that
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to CCA even causes neurological damage
of any kind, can you? There is certainly
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enough anecdotal evidence to strongly
suggest that it does.
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Can you prove it, Doctor?
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One of the reasons it hasn't been
scientifically proven is that we haven't
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enough testing to... You cannot prove
it.
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Can you, Doctor?
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No.
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Mr. Gamble?
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Mr. Barrett, thank you for coming by.
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What's going on?
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Well, nothing to worry about, Professor.
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You know, I'm anticipating the defense
to appeal. I think I told you this.
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And?
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My feeling is one of the grounds they'll
be raising is the veracity of your
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testimony. I thought I could best head
that off at the pass by offering
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polygraph results.
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You could take the test in my office. It
won't take more than an hour.
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I thought they were never admissible.
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For suspects. For witnesses, they can
actually carry some weight.
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I don't want to take any polygraph.
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Why is that, Mr. Barrett?
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Did you not tell the truth?
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I'm going to need that polygraph.
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Otherwise, I might be compelled to go to
the judge and ask for a new trial.
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I don't know what's going on, Ms.
Gamble, but I'm not taking a lie
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You could be facing perjury, Mr.
Barrett.
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I think you should have your lawyer pay
me a visit.
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Today.
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All these names came out of your wife's
Rolodex. I need you to go through it and
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tell us who they are.
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What are you looking for? The
desperation of it will probably depress
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Tell me.
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Well, is there any possibility that it
wasn't suicide?
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That somebody else killed her?
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What? I know it's out there, but, well,
she was leaving you.
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Suppose she was seeing somebody else.
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Suppose after you two fought, she called
him and he came over to get her. And
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killed her?
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I haven't exactly thought it through.
I'm just... I'm just groping for
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something.
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You're right. This depresses me.
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Just go through the list. I want to know
who everybody is.
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What about the appeal?
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We're putting it together.
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Listen, Scott, you have one of the
grounds we need to talk about.
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It could cost me my bar card.
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What are you talking about? You were
denied your right to testify by me.
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You were adamant about getting up there,
and I just cut you off and rested the
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defense.
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I think it's an issue.
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Well, you did it because you believed it
was the best strategy. But in the end,
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it has to be your decision, and I
totally usurped it.
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You might want to think about hiring a
new lawyer and making that one of the
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grounds for appeal.
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What, can't you argue it?
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It's a little strange for me to argue my
own infraction.
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Bobby, the situation that I'm in, it's
not like I'm going
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to get out of here. I know the odds.
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Now, if I am to have any chance...
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I need a lawyer who feels he's in the
hole here with me.
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And you're it.
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Now, doctor, can you get the arsenic on
your skin by touching the playground
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equipment? When the coating breaks down,
absolutely.
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It can even be inhaled, especially when
the wood is wet.
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Have any studies ever proved this?
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Yes.
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And the EPA evaluated studies in 1978
and further studies in 1981 and
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1987.
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All right, doctor.
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Is this wood a real risk in your medical
opinion?
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Everybody defines risk for themselves.
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But let me put it this way. These things
are cancer death traps. And they're in
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backyards all over the country.
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Those EPA tests about inhaling and
ingesting the arsenic off wood, those
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were on unsealed wood, weren't they,
Doctor? I believe so. Well, the wood on
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this playground equipment was coated.
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In time, the coating breaks down and
seepage from arsenic increases.
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What about the wood we use to build our
houses?
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That's all treated with a termite
pesticide, isn't it? Yes.
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Carcinogen?
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Probably. So maybe even our houses are
potential cancer death traps. Right,
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Doctor? We can't rule it out.
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Overall, I think he came off well, and
it was a good first day.
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We still obviously have big problems on
causation, but I think the jury's with
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us. They definitely are.
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I was watching their faces.
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What happens next?
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They'll put up Feldman from the EPA.
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Lindsay, you ready?
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Totally. This guy is tough. He's got
experience as a witness, and he's not
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afraid to go right back at the lawyer.
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I'm ready.
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If we do damage here, our chances become
very good.
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Do we testify? We've decided to hold you
for rebuttal. We want your testimony to
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come as close to the end as possible.
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Our goal is for the jury to be thinking
of a family in that room, not just
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chemicals and a bunch of scientists.
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But your feeling is it's going well so
far?
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I think it's going quite well.
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But their big gun comes next.
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Are you okay?
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Yeah. Yeah, I'm just, uh, just thinking.
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You cross from the doctor?
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I've got to get him, Bobby. If I don't
get him... You will.
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You will.
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First of all, whether a district
attorney thinks a witness lied or not,
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no relevance.
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It does to me. It's the prerogative of
the jury to weigh his credibility. They
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did so.
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Mr. Stone.
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Your client lied.
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A man is serving a life sentence in part
because of that lie.
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Allow me to be a little bit
uncomfortable with that.
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Okay, Miss Gamble.
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I'll put myself in your shoes and feel
your discomfort.
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Now you put yourself in mine.
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Why in God's name would I ever agree to
let Kyle Barrett take a lie detector?
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How about simple justice?
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I was away last week. Did the system
suddenly become about that?
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I don't find cynicism persuasive.
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Well, idealism can be pretty incredible
as well. I will not let my client expose
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himself to possible perjury charges. I
will grant him immunity on that. Nor
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I advise him to help undo the conviction
of his sister's killer.
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Mr. Stone, I won't sit quiet on this.
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Please.
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What are you going to do?
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The Environmental Protection Agency did
extensive testing on CCA throughout the
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80s. We continue to test it, and we have
consistently found that it does not
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pose an unreasonable risk to either
children or adults.
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But with the possibility of a risk,
shouldn't the EPA do something? We have.
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The EPA developed a warning program
which requires retailers to issue
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that CCA poses potential hazards.
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Their contention that we have done
nothing here is false.
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I think their main contention is you
haven't done enough.
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We have federal insecticide laws to deal
with. Under the law, we have to weigh
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the potential adverse effects of a
chemical against the economic and social
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benefits and costs.
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With CCA, it would last up to five times
longer.
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Now, this represents a huge benefit to
schools who could never afford
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playgrounds otherwise, to poor
communities who could never build them
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the preservative. But with the chance
they cause cancer, do we want schools
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building them? Well, if it really caused
cancer, of course not. But to date,
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there is no conclusive evidence that
exposure to CCA causes cancer or any
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neurological side effects. There just
isn't.
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Are there any conclusive studies to show
that it's safe?
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No. Nor are there with most food
preservatives.
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Should the FDA ban potato chips?
239
00:14:44,730 --> 00:14:48,550
Potato chips don't contain a pesticide.
The pesticide is coated.
240
00:14:48,950 --> 00:14:50,630
It is sealed, counsel.
241
00:14:51,010 --> 00:14:52,790
What if the seal doesn't work?
242
00:14:53,930 --> 00:14:58,170
You're aware of Dr. Stilwell's study
showing the arsenic is leaching from
243
00:14:58,170 --> 00:14:59,530
playground equipment into the soil?
244
00:14:59,850 --> 00:15:00,850
That's one study.
245
00:15:01,420 --> 00:15:06,080
The EPA has asked to see the data
supporting it. Until we review it, we
246
00:15:06,080 --> 00:15:07,700
attach any scientific credibility.
247
00:15:08,080 --> 00:15:09,280
The state of California does.
248
00:15:09,680 --> 00:15:13,340
They banned these wooden play gyms from
schools unless they're recoded every
249
00:15:13,340 --> 00:15:15,680
other year out of fear that the children
could be poisoned.
250
00:15:16,040 --> 00:15:18,740
Many scientists feel that that was an
overreaction.
251
00:15:19,020 --> 00:15:24,200
In 1997, a group of physicians and
scientists informed the EPA that wood
252
00:15:24,200 --> 00:15:27,600
preservatives constituted a health
threat to this country. Yes, and
253
00:15:27,600 --> 00:15:30,280
conservationists lobbyists on behalf of
the rainforest.
254
00:15:31,260 --> 00:15:35,000
But without these preservatives, more
trees would be cut down.
255
00:15:35,220 --> 00:15:37,020
So kill a child, save a tree?
256
00:15:37,360 --> 00:15:38,620
Objection. Sustained.
257
00:15:38,920 --> 00:15:43,380
You talked about the EPA requiring
advisories, warning that CCA poses a
258
00:15:43,380 --> 00:15:44,380
potential health risk.
259
00:15:44,480 --> 00:15:49,320
Yes. Actually, that was a voluntary
program, wasn't it, Dr. Feldman? If the
260
00:15:49,320 --> 00:15:52,520
industry didn't want to issue the
advisories, they didn't have to, and
261
00:15:52,520 --> 00:15:56,900
them still don't, right, Doctor? This
wasn't a situation where a mandate was
262
00:15:56,900 --> 00:16:00,360
warranted. The truth is, you were all
set to issue a mandate here.
263
00:16:01,040 --> 00:16:04,740
when the wood manufacturers suddenly
lobbied Congress to get you to back off.
264
00:16:04,740 --> 00:16:08,000
don't know anything about that. And
isn't it true the EPA also backed off,
265
00:16:08,100 --> 00:16:12,920
requiring further studies, when the
chemical industry gave $4 million in
266
00:16:12,920 --> 00:16:17,540
campaign contributions to congressmen to
lean on you? The EPA has never been
267
00:16:17,540 --> 00:16:19,080
bought, counsel, I assure you.
268
00:16:19,340 --> 00:16:24,740
I show you the EPA's 1981 position paper
regarding inorganic arsenicals, and I
269
00:16:24,740 --> 00:16:26,280
ask you to read the highlighted
paragraph.
270
00:16:28,810 --> 00:16:32,110
All this basically says is we don't
know.
271
00:16:32,330 --> 00:16:33,430
You don't know.
272
00:16:33,910 --> 00:16:39,730
That same paper cites a 1973 study which
associates arsenic -tainted milk with
273
00:16:39,730 --> 00:16:43,790
severe retardation, lower IQs, and
abnormal EEG findings.
274
00:16:44,090 --> 00:16:46,630
That was a study of Japanese babies.
275
00:16:47,050 --> 00:16:48,490
You don't count Japan?
276
00:16:51,170 --> 00:16:54,650
What else doesn't the EPA know, doctor?
And when did they not know it?
277
00:16:54,730 --> 00:17:00,190
Objection. Withdrawn. In 1996, the EPA
failed to warn over a million power
278
00:17:00,190 --> 00:17:03,690
employees that they were at risk for
mercury poisoning. Objection. Because
279
00:17:03,690 --> 00:17:05,510
coal lobby pressure to you backed off
there.
280
00:17:05,810 --> 00:17:08,690
Objection. Relevance. Goes to pattern.
They were bought then just like they're
281
00:17:08,690 --> 00:17:09,690
being bought now.
282
00:17:09,829 --> 00:17:10,829
Objection.
283
00:17:11,010 --> 00:17:14,490
Overruled. You lay off chemical
companies, don't you, Dr. Feldman? That
284
00:17:14,490 --> 00:17:16,190
absolutely not true.
285
00:17:16,410 --> 00:17:18,329
From 1989 to 1998.
286
00:17:19,400 --> 00:17:24,520
Of all the hundreds, if not thousands,
of pesticides out there, how many did
287
00:17:24,520 --> 00:17:26,000
get neurotoxicity data on?
288
00:17:26,300 --> 00:17:27,760
I don't know the exact number.
289
00:17:27,960 --> 00:17:29,580
I do. It's nine.
290
00:17:30,360 --> 00:17:35,800
Of the hundreds, if not thousands, of
industrial chemicals, how many did you
291
00:17:35,800 --> 00:17:38,080
for and get the neurotoxicity data on?
292
00:17:38,300 --> 00:17:39,780
Again, I don't know the number.
293
00:17:40,040 --> 00:17:41,040
It's three.
294
00:17:42,520 --> 00:17:44,600
You guys are quite the watchdogs.
295
00:17:45,000 --> 00:17:46,300
Objection! Withdrawn.
296
00:17:46,780 --> 00:17:47,780
Nothing further.
297
00:18:05,070 --> 00:18:08,950
Of the five names you couldn't identify,
two were maiden names of married women
298
00:18:08,950 --> 00:18:09,950
you did ID.
299
00:18:10,470 --> 00:18:11,730
One was a pool contractor.
300
00:18:12,370 --> 00:18:15,430
Oh, yeah, we were thinking about
installing a pool last year.
301
00:18:16,130 --> 00:18:19,070
One we're still checking. One was a
psychiatrist, Dr.
302
00:18:19,390 --> 00:18:20,390
Bernard White.
303
00:18:21,030 --> 00:18:22,030
Psychiatrist?
304
00:18:22,350 --> 00:18:23,510
Was your wife seeing a shrink?
305
00:18:24,550 --> 00:18:25,750
Not that I'm aware of.
306
00:18:27,330 --> 00:18:28,910
He's in Cambridge. I'll pay him a visit.
307
00:18:29,890 --> 00:18:31,190
Listen, on the other...
308
00:18:31,760 --> 00:18:35,600
I understand if you want to replace me,
I'd even recommend it.
309
00:18:36,340 --> 00:18:40,220
Can you recommend someone as good who
will try as hard?
310
00:18:42,200 --> 00:18:47,420
Look, Bobby, I'm glad you think you
screwed up. It's my insurance policy
311
00:18:47,420 --> 00:18:48,420
you'll keep trying.
312
00:18:49,500 --> 00:18:50,600
I'll keep trying.
313
00:18:51,960 --> 00:18:53,400
You don't have to worry about that.
314
00:18:55,540 --> 00:18:56,540
I'm not.
315
00:19:02,990 --> 00:19:07,830
They told us it really wasn't that
uncommon for a boy to have seizures.
316
00:19:08,630 --> 00:19:10,210
Did they test him for epilepsy?
317
00:19:10,550 --> 00:19:12,090
Oh, they tested him for everything.
318
00:19:12,790 --> 00:19:15,490
They finally settled on a toxin getting
to the brain.
319
00:19:16,030 --> 00:19:17,030
And what did you do?
320
00:19:17,430 --> 00:19:18,790
There was nothing we could do.
321
00:19:19,310 --> 00:19:21,950
We got him on medication, which
controlled the seizures.
322
00:19:24,650 --> 00:19:27,770
We thought, you know, that was that.
323
00:19:29,230 --> 00:19:30,230
Then, uh...
324
00:19:33,110 --> 00:19:34,550
Sarah started falling down.
325
00:19:34,950 --> 00:19:36,610
What do you mean she started falling
down?
326
00:19:36,990 --> 00:19:37,990
She would trip.
327
00:19:38,870 --> 00:19:42,010
If she tried to play hopscotch, she'd
fall flat on her face.
328
00:19:42,390 --> 00:19:45,110
They thought maybe she had cerebral
palsy.
329
00:19:45,370 --> 00:19:48,090
And then things started to happen with
Everett?
330
00:19:50,690 --> 00:19:51,690
He can't read.
331
00:19:52,910 --> 00:19:54,550
He will never be in a normal class.
332
00:19:55,890 --> 00:19:57,030
He'll never go to college.
333
00:20:00,360 --> 00:20:01,360
And you knew.
334
00:20:01,580 --> 00:20:06,760
Objection. I have a boy whose body
convulses with foam coming out of his
335
00:20:06,760 --> 00:20:10,380
and a daughter who keeps falling down
and a son who can't read and you people
336
00:20:10,380 --> 00:20:15,180
have known for 30 years. Your Honor.
Mrs. Jameson, please just answer the
337
00:20:15,180 --> 00:20:16,300
questions you're asked.
338
00:20:21,660 --> 00:20:22,840
What was the question?
339
00:20:24,680 --> 00:20:28,480
The question was when your son started
having seizures.
340
00:20:29,280 --> 00:20:33,100
Didn't the doctors say it could have
come from a whole host of chemicals,
341
00:20:33,340 --> 00:20:36,540
including the cleaning solutions you
kept in the house?
342
00:20:36,880 --> 00:20:38,700
And then I got rid of all that stuff.
343
00:20:39,100 --> 00:20:41,140
Do you live near high -power lines?
344
00:20:41,580 --> 00:20:43,800
Yes. And did the doctors inquire about
them?
345
00:20:44,080 --> 00:20:46,100
Yes. They ruled them out as a cause.
346
00:20:46,360 --> 00:20:49,860
Did you and your husband undergo any
genetic testing?
347
00:20:51,640 --> 00:20:52,640
No.
348
00:20:53,060 --> 00:20:54,039
I see.
349
00:20:54,040 --> 00:20:56,260
Where is the play equipment today?
350
00:20:56,700 --> 00:20:58,060
It's still in our backyard.
351
00:20:58,640 --> 00:21:02,180
You think this equipment is harming your
children and it's still there?
352
00:21:02,700 --> 00:21:05,520
We don't let them play on it. Well, why
not get rid of it altogether?
353
00:21:05,920 --> 00:21:09,520
Our lawyers told us not to, not until
we... Objection. I need to advise my
354
00:21:09,520 --> 00:21:10,740
client that that is privileged.
355
00:21:10,980 --> 00:21:13,680
She does not need to answer that. It's
also a work product.
356
00:21:13,960 --> 00:21:15,600
You kept it as evidence for your
lawsuit?
357
00:21:16,260 --> 00:21:17,600
Objection. Sustained.
358
00:21:18,160 --> 00:21:19,960
Just one last question, Mrs. Jamison.
359
00:21:20,540 --> 00:21:23,120
Did any doctor who treated your
children...
360
00:21:23,720 --> 00:21:28,540
conclude that their problems came from
the CCA and the play equipment? Did any
361
00:21:28,540 --> 00:21:29,900
of them conclude that?
362
00:21:31,900 --> 00:21:32,900
No.
363
00:21:35,460 --> 00:21:36,760
Thank you, Mrs. Jameson.
364
00:21:49,600 --> 00:21:51,840
We really appreciate you taking the
time.
365
00:21:52,120 --> 00:21:56,780
Sure. But as I told you on the phone,
I'm not comfortable revealing
366
00:21:56,780 --> 00:21:57,780
about my patients.
367
00:21:57,860 --> 00:21:58,859
I understand.
368
00:21:58,860 --> 00:22:00,940
You did treat Mrs. Wallace, then?
369
00:22:02,120 --> 00:22:06,880
I know the identity of my patients
aren't protected by privilege, Mr.
370
00:22:06,940 --> 00:22:12,260
Nevertheless, I am reluctant to reveal
them. But as you said yourself, that
371
00:22:12,260 --> 00:22:15,900
isn't privileged, and even if it were,
it wouldn't survive the death of the
372
00:22:15,900 --> 00:22:19,900
patient. Mr. Donald, I know what the law
is. I know you can subpoena my records.
373
00:22:20,500 --> 00:22:21,980
Hence, I agreed to this meeting.
374
00:22:22,560 --> 00:22:24,500
Could you tell us what you were treating
her for?
375
00:22:26,160 --> 00:22:28,300
Anxiety, sleeplessness, and depression.
376
00:22:30,880 --> 00:22:32,440
Did you say depression?
377
00:22:33,080 --> 00:22:36,020
Yes. You know that we argued that she
killed herself.
378
00:22:36,340 --> 00:22:37,720
Yes, I read the papers.
379
00:22:38,060 --> 00:22:39,380
Why didn't you come forward?
380
00:22:39,700 --> 00:22:43,460
The prosecution was claiming she wasn't
suicidal. You had information that she
381
00:22:43,460 --> 00:22:44,259
was depressed.
382
00:22:44,260 --> 00:22:47,200
Mr. Donald, 80 % of my patients are
depressed.
383
00:22:47,710 --> 00:22:49,130
They don't typically take their own
lives.
384
00:22:49,350 --> 00:22:52,330
But sometimes they do. How could you sit
on this?
385
00:22:52,550 --> 00:22:54,970
I sat on this because I don't believe
that Karen was suicidal.
386
00:22:55,310 --> 00:22:58,330
The jury convicted him because they
didn't believe the idea she was
387
00:22:59,190 --> 00:23:02,710
Don't yell at me. I will yell at you.
Bobby. What the hell were you thinking?
388
00:23:02,790 --> 00:23:05,650
All right. I was thinking she was
probably murdered. Well, you were wrong.
389
00:23:05,730 --> 00:23:06,730
Bobby.
390
00:23:12,530 --> 00:23:13,530
He needed Scott.
391
00:23:19,470 --> 00:23:20,510
Can we get those records?
392
00:23:22,350 --> 00:23:23,350
Please.
393
00:23:28,970 --> 00:23:32,770
We live in a land of chemicals, and it's
pretty out of control.
394
00:23:34,350 --> 00:23:39,430
There's an epidemic of autism in
California. It's up over 200 % in the
395
00:23:39,430 --> 00:23:45,490
years. In New York, learning
disabilities are up 55%. The likely
396
00:23:46,570 --> 00:23:47,570
Chemicals.
397
00:23:48,270 --> 00:23:51,670
And we can't expect the private
industries to monitor themselves.
398
00:23:51,950 --> 00:23:56,750
The market is just too competitive, just
like in everything else. If the wood
399
00:23:56,750 --> 00:24:01,230
manufacturers can make these play gyms
and deck porches better, more
400
00:24:01,450 --> 00:24:02,450
they will.
401
00:24:02,790 --> 00:24:05,190
And they won't worry about the toxic
side effects.
402
00:24:05,950 --> 00:24:08,410
And that's why we need the EPA.
403
00:24:08,970 --> 00:24:12,870
Just like as the airlines become more
competitive and cut back on their
404
00:24:12,870 --> 00:24:16,670
mechanics to increase profits, we need
the FAA to step in and protect us.
405
00:24:18,000 --> 00:24:22,960
So too do we need the EPA to fulfill its
duty to the public.
406
00:24:23,180 --> 00:24:25,620
And the fact is, they're not.
407
00:24:26,220 --> 00:24:29,760
They've known for decades it could be
dangerous.
408
00:24:30,320 --> 00:24:33,240
And they have done nothing.
409
00:24:34,540 --> 00:24:37,540
They are still doing nothing.
410
00:24:38,400 --> 00:24:39,400
Why?
411
00:24:40,840 --> 00:24:43,240
In part, because of politics.
412
00:24:45,000 --> 00:24:48,920
Campaign contributions from chemical
companies and wood manufacturers have
413
00:24:48,920 --> 00:24:53,300
resulted in successful lobbying to get
the EPA to back off.
414
00:24:53,600 --> 00:24:59,580
And children, like the Jamison kids, are
getting severely hurt. The EPA throws
415
00:24:59,580 --> 00:25:03,560
its hands up and says, hey, you can't
prove it. We don't know for sure. We
416
00:25:03,560 --> 00:25:05,320
have the data. Tests are incomplete.
417
00:25:05,740 --> 00:25:09,560
Well, why aren't they ordering those
tests? Why aren't they demanding data?
418
00:25:10,360 --> 00:25:14,180
They've restricted the use of CCA around
farm animals.
419
00:25:14,730 --> 00:25:15,730
But not around children.
420
00:25:17,490 --> 00:25:21,810
Is it because the farming industry has a
lobby but children don't?
421
00:25:23,570 --> 00:25:24,930
What is going on?
422
00:25:25,770 --> 00:25:31,110
They've known for decades that there's
arsenic in that wood. It gets out. It
423
00:25:31,110 --> 00:25:35,370
gets ingested. It gets inhaled. And they
haven't done so much as to alert the
424
00:25:35,370 --> 00:25:36,690
public of the risk.
425
00:25:37,150 --> 00:25:38,810
And that's all it would have taken here.
426
00:25:39,770 --> 00:25:40,970
A simple warning.
427
00:25:41,640 --> 00:25:44,980
And the Jamesons never would have put
that play gym in their backyard.
428
00:25:48,240 --> 00:25:50,860
You heard their star witness, Dr.
Feldman.
429
00:25:51,380 --> 00:25:55,920
He said EPA decisions are made on a cost
-benefit analysis.
430
00:25:57,580 --> 00:26:00,620
We need you to put a big price tag on
their failures.
431
00:26:01,200 --> 00:26:06,000
We need you to make it cost -efficient
for them to protect our children.
432
00:26:07,680 --> 00:26:08,820
One thing is clear.
433
00:26:10,510 --> 00:26:13,610
If you don't, they won't.
434
00:26:28,830 --> 00:26:30,930
She's right about one thing.
435
00:26:31,690 --> 00:26:34,930
We do live in an age of chemicals.
436
00:26:35,610 --> 00:26:38,490
Want to kill the mosquito with the Nile
virus?
437
00:26:39,380 --> 00:26:43,100
Chemicals. Don't want to get botulism
from your canned soup?
438
00:26:43,920 --> 00:26:45,480
Chemicals. Preservatives.
439
00:26:46,260 --> 00:26:52,200
And I suppose the EPA could demand proof
that every one of those chemicals is
440
00:26:52,200 --> 00:26:57,360
completely safe before allowing their
usage. And people would die of
441
00:26:57,360 --> 00:27:03,880
contaminants and viruses and bacteria.
Many, many more people. Almost every
442
00:27:03,880 --> 00:27:08,200
consumer product poses some unproven
health risk.
443
00:27:09,420 --> 00:27:11,460
Should the EPA ban them all?
444
00:27:11,840 --> 00:27:14,080
They studied CCA inward.
445
00:27:14,420 --> 00:27:19,180
The EPA appointed a special scientific
advisory panel to look at this. Their
446
00:27:19,180 --> 00:27:22,500
recommendation back to the EPA was not
to ban the substance.
447
00:27:23,260 --> 00:27:28,450
Now... The plaintiffs may not like those
scientific findings. They may choose to
448
00:27:28,450 --> 00:27:33,510
disagree. But this notion that the EPA
knew it was dangerous and chose to
449
00:27:33,510 --> 00:27:38,490
the risks under the influence of paid
-off congressmen, that's as slanderous
450
00:27:38,490 --> 00:27:39,490
it is baseless.
451
00:27:40,030 --> 00:27:45,130
This is something they are studying. The
EPA is a government agency doing its
452
00:27:45,130 --> 00:27:50,150
very best to keep up with this rapidly
changing scientific landscape and the
453
00:27:50,150 --> 00:27:51,410
decisions it makes.
454
00:27:52,120 --> 00:27:56,900
They have to be made on what is known as
opposed to what's not.
455
00:27:57,440 --> 00:28:03,720
And today, like yesterday, it has not
been scientifically established that CCA
456
00:28:03,720 --> 00:28:08,380
causes the neurological defects the
plaintiffs speak of. And even if it did,
457
00:28:08,560 --> 00:28:13,840
they have offered no medical evidence
whatsoever that it did so in the case of
458
00:28:13,840 --> 00:28:18,340
the Jamison children. Their own doctor
admitted she was speculating, she was
459
00:28:18,340 --> 00:28:20,240
guessing at what caused these injuries.
460
00:28:20,990 --> 00:28:26,730
As much as you may feel for these
children, and you should feel, as should
461
00:28:26,730 --> 00:28:33,290
all, we have to admit that their entire
case is based on pure speculation.
462
00:28:35,850 --> 00:28:36,970
And nothing more.
463
00:28:59,150 --> 00:29:00,310
You want me to sign this?
464
00:29:00,650 --> 00:29:01,930
It's what happened, Richard.
465
00:29:02,190 --> 00:29:05,930
An affidavit saying I coached a witness
to lie? It doesn't say lie.
466
00:29:06,250 --> 00:29:07,250
That's the implication.
467
00:29:07,410 --> 00:29:11,450
Richard. What the hell's going on? We
both know he lied. He made that stuff up
468
00:29:11,450 --> 00:29:15,910
about his sister being afraid. Helen,
what are you trying to accomplish? He
469
00:29:15,910 --> 00:29:16,910
should get a new trial.
470
00:29:21,450 --> 00:29:22,610
I'm not signing this.
471
00:29:22,870 --> 00:29:24,690
Richard, we can't just let... You're not
taking me down.
472
00:29:25,030 --> 00:29:28,250
You might have some professional death
wish. I don't.
473
00:29:28,650 --> 00:29:31,430
And if you think that I'm going to let
you go forward with... I was in the
474
00:29:31,490 --> 00:29:36,550
I heard what you told him. I told him
what his testimony needed to accomplish.
475
00:29:36,550 --> 00:29:38,890
never said lie. But that is what he did.
476
00:29:39,190 --> 00:29:40,190
You don't know that.
477
00:29:40,590 --> 00:29:44,230
Maybe he lied, but neither of us know
that. Maybe you can live with this
478
00:29:44,230 --> 00:29:45,390
conviction. I can't.
479
00:29:48,610 --> 00:29:50,050
Well, I'll fight John this, Helen.
480
00:29:51,230 --> 00:29:52,430
I'll fight you all the way.
481
00:29:55,710 --> 00:29:56,710
You know, Richard...
482
00:29:57,450 --> 00:30:02,330
It's one thing to be competitive. It is
another to try and rack up convictions
483
00:30:02,330 --> 00:30:05,490
out of ambition with no regard for a
man's innocence.
484
00:30:07,410 --> 00:30:10,150
I don't believe he's innocent.
485
00:30:12,190 --> 00:30:18,950
And if you go forward saying I coached a
witness to lie, your career could be
486
00:30:18,950 --> 00:30:19,950
over.
487
00:30:20,990 --> 00:30:24,390
Our friendship definitely will be.
488
00:30:44,010 --> 00:30:46,850
I don't know if the jury liked your
closing, Lindsay, but the defense was
489
00:30:46,850 --> 00:30:47,850
impressed.
490
00:30:48,250 --> 00:30:49,370
We have a new offer.
491
00:30:49,910 --> 00:30:50,910
What?
492
00:30:51,570 --> 00:30:53,930
$225 ,000 per child.
493
00:30:54,430 --> 00:30:57,730
That's $675 ,000, and they will write a
check right now.
494
00:30:59,970 --> 00:31:02,550
That beats $20 ,000.
495
00:31:03,150 --> 00:31:04,210
It certainly does.
496
00:31:04,430 --> 00:31:05,530
Should we take it?
497
00:31:06,630 --> 00:31:09,610
Well, it's hard to turn that down.
498
00:31:10,010 --> 00:31:11,090
Could we get more?
499
00:31:11,670 --> 00:31:12,670
We could.
500
00:31:13,360 --> 00:31:14,600
We could also lose.
501
00:31:16,620 --> 00:31:18,140
I think we're going to get more.
502
00:31:18,860 --> 00:31:19,860
Why?
503
00:31:20,500 --> 00:31:21,500
I just do.
504
00:31:22,360 --> 00:31:24,520
This isn't the time to get greedy.
505
00:31:24,880 --> 00:31:26,580
It's not about greed, Mr. Berluti.
506
00:31:27,220 --> 00:31:31,400
Like Lindsay said, we want them to fix
the problem.
507
00:31:32,800 --> 00:31:34,840
Angela has intuition about these things.
508
00:31:37,580 --> 00:31:38,580
Let's go to verdict.
509
00:31:39,240 --> 00:31:40,240
Are you sure?
510
00:31:42,230 --> 00:31:43,230
Are you?
511
00:31:44,690 --> 00:31:45,690
It's going to be more.
512
00:31:52,870 --> 00:31:54,130
It's right here. Depression.
513
00:31:54,470 --> 00:31:57,190
He wanted to prescribe antidepressants.
She didn't want to take them.
514
00:31:57,450 --> 00:31:58,450
It's all right here.
515
00:31:58,490 --> 00:32:01,310
Lucy, see if we can get in to see Judge
Wolfe this afternoon. This is new
516
00:32:01,310 --> 00:32:03,210
evidence. Eugene, call Helen Gamble.
Tell him.
517
00:32:05,170 --> 00:32:06,590
Helen, we were just talking about you.
518
00:32:08,850 --> 00:32:11,090
We got new evidence on the Wallace case.
519
00:32:11,520 --> 00:32:12,520
Really?
520
00:32:12,900 --> 00:32:14,460
I've got some news on that myself.
521
00:32:15,140 --> 00:32:16,140
What?
522
00:32:16,360 --> 00:32:18,840
I'm convinced that Kyle Barrett lied on
the stand.
523
00:32:20,940 --> 00:32:22,680
After being coached by the prosecution.
524
00:32:37,720 --> 00:32:39,900
Is it a good sign, them coming back so
fast?
525
00:32:43,320 --> 00:32:44,320
No.
526
00:32:45,400 --> 00:32:47,500
Deliberations on damages would have been
lengthy.
527
00:32:47,880 --> 00:32:52,520
If they find no liability, then damages
will be moot.
528
00:32:55,060 --> 00:32:56,620
Can we still take their offer?
529
00:32:56,820 --> 00:32:57,820
I asked.
530
00:32:59,140 --> 00:33:00,140
They laughed.
531
00:33:04,020 --> 00:33:08,160
Madam foreperson, the jury has rendered
its verdict. We have, Your Honor.
532
00:33:08,400 --> 00:33:11,920
What say you? In the matter of Stephen
Jameson et al.
533
00:33:12,430 --> 00:33:17,870
versus the Environmental Protection
Agency, we find in favor of the
534
00:33:17,870 --> 00:33:24,830
and order the defendant to pay damages
in the amount of $72 million.
535
00:33:25,510 --> 00:33:28,290
Oh, my God.
536
00:33:51,180 --> 00:33:52,119
All right, settle down.
537
00:33:52,120 --> 00:33:53,300
This court is still in session.
538
00:33:53,600 --> 00:33:57,100
Your Honor, the defense moves to remit
the award. We also move that the verdict
539
00:33:57,100 --> 00:33:58,100
be set aside.
540
00:33:58,520 --> 00:34:01,480
Opposed. I will see counsel in chambers
immediately.
541
00:34:04,080 --> 00:34:05,080
What's going on?
542
00:34:05,480 --> 00:34:07,600
They're looking to strike the award as
excessive.
543
00:34:07,980 --> 00:34:08,978
Can they do that?
544
00:34:08,980 --> 00:34:10,719
Well, $72 million is a lot.
545
00:34:10,940 --> 00:34:12,020
But that's what the jury found.
546
00:34:12,360 --> 00:34:15,040
Let us talk to the judge, and we'll see
what's going on. Okay?
547
00:34:22,219 --> 00:34:25,739
The number alone tells you the jury was
off base. The fact that they deliberated
548
00:34:25,739 --> 00:34:27,900
for an hour. Maybe it has something to
do with the merit.
549
00:34:28,159 --> 00:34:29,159
All right.
550
00:34:30,020 --> 00:34:31,980
I'm granting defense's motion to remit.
551
00:34:32,699 --> 00:34:35,380
The knockdown number is 135 per child.
552
00:34:37,860 --> 00:34:38,860
What?
553
00:34:39,940 --> 00:34:44,920
You chopped it from 72 million to 400
,000? That's less than they offered.
554
00:34:45,360 --> 00:34:49,239
I don't care. Your case was pure
speculation, counsel. This isn't a
555
00:34:49,239 --> 00:34:52,020
law. You are substituting your judgment
for theirs.
556
00:34:52,260 --> 00:34:55,820
Which I'm entitled to do when the
verdict isn't supported by the facts.
557
00:34:56,080 --> 00:35:00,840
We have a right to a new trial. We do
not have to eat your number. If you take
558
00:35:00,840 --> 00:35:03,200
new trial, you'll be right back before
me, Ms. Frutt.
559
00:35:03,500 --> 00:35:06,360
And any number over 135, I'll remit
again.
560
00:35:07,040 --> 00:35:10,580
If you're lucky to win next time,
there's no guarantee the jury will be as
561
00:35:10,580 --> 00:35:11,580
stupid as this one.
562
00:35:11,760 --> 00:35:13,140
And if you do win...
563
00:35:13,450 --> 00:35:16,150
I might remit the next knockdown to 75
,000.
564
00:35:17,570 --> 00:35:20,270
I strongly suggest that you accept this
proposal.
565
00:35:22,250 --> 00:35:23,370
This isn't right.
566
00:35:24,210 --> 00:35:26,070
This isn't right.
567
00:35:26,990 --> 00:35:28,170
Meet with your client.
568
00:35:29,470 --> 00:35:31,750
Then notify my clerk of your acceptance.
569
00:35:40,110 --> 00:35:44,730
Given this newly discovered evidence
concerning the victim's depression,
570
00:35:44,730 --> 00:35:49,370
with this revelation by the district
attorney regarding the veracity of their
571
00:35:49,370 --> 00:35:54,790
lead witness, the interests of justice
demand that the verdict be overturned.
572
00:35:54,790 --> 00:35:57,490
the alternative, the court should order
a new trial.
573
00:35:57,730 --> 00:36:02,430
I take strong exception to the
suggestion that I coached a witness to
574
00:36:03,050 --> 00:36:06,850
There's no evidence the witness did lie.
Only opinion. Coming from Helen Gamble.
575
00:36:06,910 --> 00:36:10,690
Helen Gamble's opinion carries no legal
relevance. I assure you she has no
576
00:36:10,690 --> 00:36:12,250
credibility within our own department.
577
00:36:12,570 --> 00:36:14,250
Why? Because she's honest? All right.
578
00:36:14,970 --> 00:36:19,290
Your Honor, this was not our lead
witness. This was a witness.
579
00:36:19,550 --> 00:36:23,830
Who supplied motive? You challenged his
truthfulness at trial.
580
00:36:24,070 --> 00:36:27,890
You have nothing new with which to
challenge it here. As for the doctor's
581
00:36:27,890 --> 00:36:32,760
report... I spoke to Dr. White. He did
not consider Karen Wallace to be
582
00:36:32,760 --> 00:36:37,640
suicidal. The prosecution portrayed her
as optimistic. Which you also challenged
583
00:36:37,640 --> 00:36:40,600
at trial. Not with these medical reports
we didn't. All right.
584
00:36:41,500 --> 00:36:45,940
Ms. Gamble brought her concerns
regarding this witness to the court's
585
00:36:46,160 --> 00:36:51,960
As I told her, it is the jury's function
to weigh Mr. Barrett's credibility, not
586
00:36:51,960 --> 00:36:54,900
hers. As I go through her affidavit...
587
00:36:55,980 --> 00:36:58,140
I don't think Mr. Bay crossed the line.
588
00:36:58,540 --> 00:37:03,380
Lawyers prepare witnesses all the time.
I see no evidence that he solicited
589
00:37:03,380 --> 00:37:08,960
perjury. As for the doctor's report, I
find that to be relevant.
590
00:37:09,780 --> 00:37:14,680
But I am not satisfied that it would
have resulted in a different verdict.
591
00:37:15,420 --> 00:37:17,760
The conviction, therefore, stands.
592
00:37:18,620 --> 00:37:22,420
Defendant's motion for a new trial is
denied, and we are adjourned.
593
00:37:41,320 --> 00:37:42,340
What happens now?
594
00:37:42,700 --> 00:37:45,720
We go to appeals, challenge them to
legal rulings.
595
00:38:11,660 --> 00:38:12,660
I don't understand.
596
00:38:13,940 --> 00:38:18,520
The judge can cut back an award if he
thinks it's too high.
597
00:38:19,060 --> 00:38:20,640
What's the point of a jury trial?
598
00:38:21,800 --> 00:38:23,660
We'd go through all that with a jury.
599
00:38:23,860 --> 00:38:26,440
Well, judges don't like to do it.
600
00:38:27,080 --> 00:38:29,420
With this guy, I'm not sure.
601
00:38:29,640 --> 00:38:33,340
So if we opt for a new trial, we'll get
him again?
602
00:38:34,180 --> 00:38:36,700
That's what he's saying. And he's going
to keep it on his docket.
603
00:38:43,080 --> 00:38:47,280
I think... I think we have to eat it at
135.
604
00:38:48,140 --> 00:38:51,260
If he keeps jurisdiction, he's told us
that we can't do better.
605
00:38:51,680 --> 00:38:52,680
We could lose.
606
00:38:53,620 --> 00:38:55,000
This is so unfair.
607
00:38:57,080 --> 00:38:58,700
We should be able to get the money
today.
608
00:39:08,000 --> 00:39:09,040
We got no choice.
609
00:39:12,230 --> 00:39:13,230
It isn't fair.
610
00:39:26,750 --> 00:39:28,290
You blindsided the department.
611
00:39:29,870 --> 00:39:30,870
Embarrassed it.
612
00:39:33,030 --> 00:39:35,250
I think it would be best if you
submitted your resignation.
613
00:39:37,610 --> 00:39:39,030
You're not getting my resignation.
614
00:39:40,810 --> 00:39:46,970
And if you fire me over this, then just
watch the media come at you.
615
00:39:48,030 --> 00:39:49,490
Why are you doing this, Helen?
616
00:39:49,830 --> 00:39:54,090
We all say better to let a guilty man go
free than put an innocent one in jail.
617
00:39:54,670 --> 00:39:58,230
An innocent man is serving a life
sentence, Kate.
618
00:40:00,190 --> 00:40:02,550
If this were Texas, he might already be
dead.
619
00:40:03,390 --> 00:40:05,510
When suddenly did you become the jury?
620
00:40:05,830 --> 00:40:08,170
The jury doesn't know he passed a
polygraph.
621
00:40:09,870 --> 00:40:13,370
The jury doesn't know a witness was
coached, that he lied.
622
00:40:14,710 --> 00:40:16,830
The jury doesn't know a lot of stuff,
Kate.
623
00:40:18,650 --> 00:40:19,650
I do.
624
00:40:21,670 --> 00:40:22,670
You're right, Helen.
625
00:40:23,830 --> 00:40:25,470
I can't retaliate over this.
626
00:40:27,970 --> 00:40:32,990
So I'm going to just go back to my
office and wait for your next mistake.
627
00:40:34,230 --> 00:40:36,390
Every day, I'll just wait.
628
00:40:39,120 --> 00:40:40,300
Thanks for dropping by, Kate.
629
00:41:17,640 --> 00:41:18,640
Okay, look.
630
00:41:19,820 --> 00:41:22,520
We had a bad day. We'll have them again.
631
00:41:27,400 --> 00:41:29,540
We can't just sit here and brood.
632
00:41:33,840 --> 00:41:34,840
Beck's right.
633
00:41:35,000 --> 00:41:38,220
We gotta concentrate on picking up
pieces now.
634
00:41:49,640 --> 00:41:53,040
That judge, I'm going to get him.
53933
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