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Previously on The Practice.
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When we ask you, did your sister seem
suicidal, a response of, I didn't think
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so, isn't going to do it. She was
murdered. If you know it, she did not
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suicide. You absolutely know it. She
said that if she turned up missing, that
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should call the police, because Scott
probably did something to her.
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Objection! You want me to sign this?
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An affidavit saying I coached a witness
to lie? He made that stuff up about his
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sister being afraid. Helen, I told him
what his testimony needed to accomplish.
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I never said lie. I'm convinced that
Kyle Barrett lied on the stand after
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coached by the prosecution.
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I don't think Mr. Bay crossed the line.
I see no evidence that he solicited
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perjury. The conviction, therefore,
stands.
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This thing was built to bring children
joy and it's toxic.
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We have consistently found that it does
not pose an unreasonable risk to either
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children or adults.
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I have a boy whose body convulses and a
daughter who keeps falling down and a
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son who can't read and you people have
known for 30 years.
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We signed in favor of the plaintiff and
ordered the defendant to pay damages in
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the amount of $72 million.
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I'm granting defense's motion to remit.
The knockdown number is $135 per child.
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That's less than they offered.
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I don't care. Your case was pure
speculation, counsel. We have a right.
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To a new trial. If you take a new trial,
you'll be right back before me, Ms.
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Frutt. And if you do win, I might remit
the next knockdown to $75 ,000.
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I'm going to get him.
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That judge, I'm going to get him.
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That's something.
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You don't have to do that. Take it, take
it. You pay me back when you get it.
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Listen, Jennifer, you're a smart girl.
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A good girl.
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I can judge character.
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Don't be doing this.
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Thank you.
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Go. Wipe that stuff off your face.
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I will pay you back.
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Well, in the meantime, get a paper out
or something.
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Don't be doing this.
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Jimmy. You're having a kid?
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You didn't tell me that.
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I didn't want you to get mad.
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How could you still be doing drugs?
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It was just this one time.
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Billy left me. He left me like this.
What about rehab?
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I called that number that you gave me,
but they said that I couldn't interview
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for two weeks.
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And then I lost the number.
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How far along are you?
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Eight months.
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Can you get me out?
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Jimmy.
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You're smoking crack with an eight
-month baby. It was just once, I swear.
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it wasn't.
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Jimmy, I'll do the rehab. I'll do
anything that you want me to do. Please
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get me out.
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If I get you out, and I'm not saying I
can, but if I do, you go into rehab
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immediately.
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Straight from the courthouse.
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I promise.
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Tell me about the arrest.
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Okay, everyone, let's get started.
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Did somebody make it official that
you're in charge?
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Brain's beating in character.
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Don't knock it.
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Okay, let's go. Jimmy.
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Jennifer Cole, possession of crack
cocaine.
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Again?
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I got a motion to kick at nine.
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She's eight months pregnant.
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What? And she's smoking crack?
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Believe me, I tore into her already.
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She better hope her baby doesn't die.
She could be charged with murder. Did
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tell her that? I'm not positive I did,
but I will. Thank you, Lindsay. She
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should be shot.
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All right.
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Beck, how's the research coming?
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Okay. Can you give me something a little
more than okay? I'm seeing Scott
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Wallace later.
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Sure.
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We can argue reversible error when Judge
Wolfe didn't have an evidentiary
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hearing on whether Richard Bay suborned
perjury. Now, since we have Helen Gamble
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with us, I think that's our best shot.
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What else?
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Well, the neighbor's testimony that he
heard lots of fights between Scott
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Wallace and his wife, prior bad conduct,
inadmissible. We could argue reversible
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error there, too.
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All right.
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Lucy, keep dogging the clerk's office.
Eleanor, jump in with Rebecca on the
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brief. I can't, actually. I'm a little
jammed.
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Not on my calendar, you're not.
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I have an appointment with the chief
judge of the district court today.
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About what?
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Judge Aldrich.
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I didn't know.
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I'm keeping you out of it. Eleanor, we
can't afford to be alienating. One
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meeting, the appointment's made, I'm
doing it.
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Aldrich is out of line, I'm not staying
quiet.
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Forget it.
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I was observing 4323 South Holden Green.
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It's a known crack house.
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I witnessed Jennifer Cole exiting.
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She was stumbling and disoriented, her
appearance consistent with being under
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the influence of drugs.
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What did you do?
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I exited my vehicle, approached the
suspect, identified myself as a police
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officer, and then engaged her in
conversation.
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Her behavior confirmed my suspicion that
she was high.
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Could you describe that behavior?
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She was sweating and jittery and was
slurring her speech.
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What did you do then, officer?
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I conducted a quick pat -down search for
weapons, and I could plainly feel an
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object in her jacket pocket.
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It was immediately apparent to me that
the object was a rock of crack cocaine.
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How did you know?
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Well, I received extensive training in
recognizing crack.
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I felt a small object, asymmetrical,
rough edges, a rock of crack.
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Then what?
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Then I reached inside the defendant's
jacket and removed approximately 100
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milligrams of what was determined to be
crack cocaine wrapped in paper.
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This rock of crack.
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How big was it?
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About a half an inch in diameter.
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So that's no bigger than what, an
aspirin?
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About that size.
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And this tiny little thing was, as you
put it, wrapped in paper?
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That's correct.
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In fact, it was inside a scrunched up
brown paper bag, right?
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Yes. And the bag was inside a jacket, a
big winter overcoat, in fact.
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I don't recall exactly.
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Officer, I'm showing you what's been
admitted as people's free.
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This the jacket Ms. Coble's wearing?
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Looks like it, yeah.
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So, you do this one pat of Ms. Cole's
body, through this thick down overcoat,
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and through this crumpled up paper bag,
you feel this tiny little lump, and you
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immediately know it's crack cocaine.
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Yes. No way it was jewelry, candy.
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No. All this from just one pat?
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Yes. We receive comprehensive and
extensive training. How many times have
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used these comprehensive and extensive
training techniques to frisk suspects
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crack cocaine, officer?
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Probably ten times. And how many arrests
resulted from these comprehensively
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trained pat -downs, officer?
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Two or three.
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So the other eight people you frisked
were innocent?
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Nothing further, Your Honor.
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Ms. Alexander, the witness may step
down.
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Did the Commonwealth have anything else?
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No. But I would like to remind the court
that in addition to pat -downs being
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constitutionally permissible, this woman
is eight months pregnant, and I would
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like to ask the court to seriously
consider the consequences of... The
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against Ms. Cole are dismissed without
prejudice.
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You bring me some new evidence, you can
refile.
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Ms. Cole, you are free to go.
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I want to thank you, Your Honor, for
being gracious enough to see me. Well,
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there was nothing gracious about it. You
somehow got my home number and woke me
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from a deep sleep.
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I had no idea what I was saying yes to.
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We were basically blackmailed, Your
Honor.
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Judge Aldrich told us to accept the
knockdown number, Orel.
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And the Orel's being that he would order
a new trial, keep the case, and steer
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us into defeat.
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You're talking about one of my most
respected colleagues.
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Who committed gross abuse of discretion.
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What he did did not respect you, Your
Honor, or the court.
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It was blackmail.
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You can substantiate this?
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Yeah. My co -counsel Lindsay Dole was
present, as was opposing counsel.
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Duh.
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If you thought the judge was out of
bounds, you should have asked the court
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reporter to step in. He never would have
said that on the record.
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But you need a record in order for me to
act, Miss Frutt.
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At minimum, you should have appealed the
reduction. Instead, you agreed to the
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knockdown and you took the money. My
clients took it under duress. Well, that
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was a big mistake.
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Then you made it.
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Maybe that's what's eating you.
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What's eating me is being blackmailed by
a judge.
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What he did was corrupt.
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I don't see that on any appellate
record.
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What would be my options?
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You could move for a new trial, request
that Judge Aldrich recuse himself.
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But Judge Aldrich would be the one who
would rule on those motions.
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Correct.
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Is there another option?
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You could file a motion with the Circuit
Court of Appeals to have him removed
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for bias.
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That's what I want to do.
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It would be your word against his.
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And these judges would be federal
circuit court judges. Do you understand?
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He doesn't just get a jury of his peers
here.
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He gets his friends.
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That's what I want to do.
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I'd think long and hard about that, Miss
Rudd.
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Well, now it sounds like you're
threatening me.
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No.
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I'm giving you some advice.
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Richard, is this it? We're never talking
again?
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There's nothing really to talk about,
Helen.
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Aw, would you at least give me 20
seconds?
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Look, I know this goes against your
fiber, but sometimes the people we
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with crimes are innocent.
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Scott Wallace is not innocent.
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My point being, I think he is.
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I also believe a witness lied after you
coached him.
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Richard, we're officers of the court. It
has to mean something.
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I understand that, Helen.
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I also understood you to be my friend.
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And you cut my legs out.
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You basically accused me in open court
of being dishonest.
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Taking it a little too personally.
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Let me tell you something, Helen.
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I get called a lot of things.
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The defense attorneys call me the
midget. The judges call me little
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I take a lot of abuse.
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But I get through it every day because I
also have a reputation for being good
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at what I do.
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And I have a reputation for being an
honest person.
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That reputation is dear to me.
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And when a colleague, a friend, stands
up and obliterates that reputation, it's
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personal.
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Hello?
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Jimmy. Hey, I thought I could drive you
to the hospital.
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Hospital? Rehab.
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I got you all set up. You can do it
outpatient.
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Well, I was going to go see my aunt
today. You can see her after, Jennifer.
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You promised.
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Okay.
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What's up?
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Mr. Belluti, please step aside.
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Jennifer Cole, you're under arrest.
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What? Arrest? Please put your hands
behind your back. What the hell is going
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Susan? Distribution of a controlled
substance to a minor.
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00:13:22,640 --> 00:13:25,060
Distribution? Distribution of what?
Don't say anything. What the hell are
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talking about? Distributing to who? The
baby. My baby?
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You've got to be kidding. You're smoking
crack for two now.
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What is she talking about? What are you
doing?
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00:13:31,940 --> 00:13:33,860
Jimmy. Jimmy. You have the right to
remain silent.
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Anything you say can and will be used
against you in a court of law.
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You have the right to talk to a lawyer
and have him present with you while
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you're being questioned.
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Just calm down and hear me out. I won't
hear you out. This is so ridiculous.
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There's never been a case made for
distributing to a fetus, and you know
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Just because it's never been made
before.
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She distributed cocaine to her baby
through her bloodstream. I'll be moving
244
00:14:02,620 --> 00:14:06,720
sanctions on this, and I'll get them.
How sure are you she won't use again,
245
00:14:06,720 --> 00:14:07,720
tomorrow?
246
00:14:09,480 --> 00:14:11,720
She has a viable baby.
247
00:14:12,380 --> 00:14:16,560
If she hasn't done any damage yet, she
might the next time. I'm just looking to
248
00:14:16,560 --> 00:14:19,920
get her off the street until the child
is born. I got her in rehab.
249
00:14:20,200 --> 00:14:23,440
Yeah, voluntary outpatient. Come on. You
still can't arrest her.
250
00:14:23,740 --> 00:14:26,320
Technically, I can make the case. You're
deluding yourself.
251
00:14:26,820 --> 00:14:29,920
There's no way you can win this, Susan.
It could be blood to blood. You can't
252
00:14:29,920 --> 00:14:32,060
win. I can if you don't fight me.
253
00:14:38,580 --> 00:14:41,420
You're asking me to conspire with you to
keep her in jail?
254
00:14:43,040 --> 00:14:46,580
One month until the baby is born.
255
00:14:51,640 --> 00:14:53,420
I know you care for this woman.
256
00:14:53,700 --> 00:14:58,620
I do, and I'm telling you, she'll go
crazy inside. She needs help, not jail.
257
00:14:58,780 --> 00:15:00,880
This is the only way she's going to get
help.
258
00:15:01,240 --> 00:15:05,560
If she walks, it'll be straight to the
local crack house. We don't know that.
259
00:15:05,860 --> 00:15:07,380
Do you know what crack does to a baby?
260
00:15:08,400 --> 00:15:10,880
It cuts off the blood flow, oxygen,
nutrients.
261
00:15:11,500 --> 00:15:13,320
Seizures, heart attacks, brain damage.
262
00:15:15,400 --> 00:15:16,580
Let's plead this out.
263
00:15:17,480 --> 00:15:19,600
Inpatient rehab, no jail.
264
00:15:23,160 --> 00:15:25,900
You're asking me to cop to a bogus
charge.
265
00:15:26,380 --> 00:15:30,500
I'm asking you to consider you really
have two clients here.
266
00:15:33,280 --> 00:15:37,600
Susan. If she gets out, she'll OD,
miscarry, who knows what'll happen. She
267
00:15:37,600 --> 00:15:39,680
trusts you, and you can help her.
268
00:15:49,480 --> 00:15:50,660
It's a complete long shot.
269
00:15:50,880 --> 00:15:54,440
This is a very popular judge, and the
other judges aren't likely to sanction
270
00:15:54,440 --> 00:15:58,600
him. And what about the settlement that
we agreed to? Well, if we undo it,
271
00:15:58,620 --> 00:15:59,620
hopefully we can get you more.
272
00:15:59,840 --> 00:16:01,540
In defeat, you keep what you have.
273
00:16:01,980 --> 00:16:02,980
So what happens?
274
00:16:03,160 --> 00:16:05,500
Well, we have a hearing scheduled for
tomorrow at 3 .30.
275
00:16:06,300 --> 00:16:07,300
There's nothing to lose.
276
00:16:08,400 --> 00:16:09,400
Okay.
277
00:16:09,900 --> 00:16:15,800
You filed a formal motion against
Aldridge?
278
00:16:16,220 --> 00:16:20,040
What's the problem? The problem,
Eleanor, is this is not something
279
00:16:20,660 --> 00:16:24,120
Why? Because the federal court is like a
club as far as judges go.
280
00:16:24,460 --> 00:16:26,280
They have tenure. They stick together.
281
00:16:26,900 --> 00:16:30,540
And the only thing that will come out of
this is this firm will be retaliated
282
00:16:30,540 --> 00:16:33,940
against. Oh, please. What can they do to
us? What can they do to us?
283
00:16:34,360 --> 00:16:36,280
You just saw firsthand what they can do.
284
00:16:36,780 --> 00:16:40,600
They can cut damage awards, overturn
verdicts, give lousy instructions, deny
285
00:16:40,600 --> 00:16:42,420
bail, cut fees. What can't they do?
286
00:16:43,340 --> 00:16:46,360
Not to mention they could put all their
cases at the bottom of the docket and
287
00:16:46,360 --> 00:16:47,400
we'd never even get the trial.
288
00:16:48,360 --> 00:16:52,180
What you're doing here could hurt all
our clients, at a minimum.
289
00:16:52,420 --> 00:16:54,500
This should have been the subject of a
partnership meeting.
290
00:16:54,820 --> 00:16:57,640
Well, I've had bad experiences with
partnership meetings.
291
00:16:58,300 --> 00:17:02,640
Snide isn't what I was looking for.
Bobby, I have a plan, okay? I was hoping
292
00:17:02,640 --> 00:17:04,500
avoid the hearing against Aldrich.
293
00:17:04,700 --> 00:17:07,640
How? I have a meeting scheduled with the
lawyers for the EPA.
294
00:17:07,880 --> 00:17:12,460
I think with just a threat of the
knockdown number being thrown out, I can
295
00:17:12,460 --> 00:17:15,420
the number up a little. Somehow I don't
believe this is about shipping up a
296
00:17:15,420 --> 00:17:16,420
number.
297
00:17:18,040 --> 00:17:19,839
I am only trying to help the client.
298
00:17:20,240 --> 00:17:22,619
This is not about vengeance.
299
00:17:25,560 --> 00:17:26,680
I don't understand.
300
00:17:27,400 --> 00:17:29,320
You plead guilty to distribution.
301
00:17:29,580 --> 00:17:31,960
They'll recommend straight probation for
a year.
302
00:17:32,500 --> 00:17:36,840
Probation. So long as you get
residential treatment. I hate those
303
00:17:37,020 --> 00:17:40,840
All those freaky junkies and weirdos.
It'd be like poison for the baby. You
304
00:17:40,840 --> 00:17:41,739
help, Jennifer.
305
00:17:41,740 --> 00:17:42,740
You got an addiction.
306
00:17:43,080 --> 00:17:44,019
I do not.
307
00:17:44,020 --> 00:17:45,260
I can stop whenever.
308
00:17:45,640 --> 00:17:46,640
Then why haven't you?
309
00:17:47,040 --> 00:17:49,700
Eight months pregnant. Why the hell
haven't you?
310
00:17:56,260 --> 00:17:57,740
I'll go to my aunt's house.
311
00:17:59,320 --> 00:18:01,460
There's this little room. It's like the
perfect size.
312
00:18:02,760 --> 00:18:05,980
I got no curtains yet because they're
either going to be blue or pink, you
313
00:18:06,520 --> 00:18:08,680
Jennifer. Rehab's no place for a baby.
314
00:18:09,860 --> 00:18:11,260
A baby should be at home.
315
00:18:15,920 --> 00:18:17,260
Please, Jimmy, what do I do?
316
00:18:24,400 --> 00:18:25,740
They got a case here.
317
00:18:26,500 --> 00:18:27,760
And they're real serious.
318
00:18:28,960 --> 00:18:31,020
I think you ought to take the play.
319
00:18:32,240 --> 00:18:33,700
It's the best thing for you.
320
00:18:35,460 --> 00:18:37,560
You really can't make it go away?
321
00:18:39,180 --> 00:18:40,180
No.
322
00:18:55,100 --> 00:18:56,100
How long?
323
00:18:56,460 --> 00:18:57,700
We're hoping next week.
324
00:18:57,940 --> 00:19:01,220
No, no, no. You gotta push it out,
Bobby. I can't take this.
325
00:19:01,480 --> 00:19:03,680
I mean, they see me as some rich guy.
326
00:19:04,120 --> 00:19:07,580
I mean, I'm going to be meeting up with
the end of a broomstick in here.
327
00:19:07,960 --> 00:19:13,160
Yeah, you got to get me out. Scott. I
mean, minimum security, something, work
328
00:19:13,160 --> 00:19:15,100
release. Scott. Get me out!
329
00:19:24,800 --> 00:19:29,020
We're trying to push up the appeal as
soon as possible, Scott.
330
00:19:31,080 --> 00:19:34,400
I'll get a new trial, right? I mean, the
judge made all those mistakes.
331
00:19:35,140 --> 00:19:36,420
I've got to get a new trial.
332
00:19:37,780 --> 00:19:39,020
Give me a brand new trial.
333
00:19:40,540 --> 00:19:41,700
That's what we're hoping for.
334
00:19:42,740 --> 00:19:44,500
So you've got to hurry, Bonnie.
335
00:19:44,980 --> 00:19:49,280
I thought I was okay, but I'm feeling
I'm... maybe I'm not.
336
00:20:01,320 --> 00:20:02,640
Do you expect us to laugh?
337
00:20:03,660 --> 00:20:05,380
No, I don't expect that, Mr. Myers.
338
00:20:06,420 --> 00:20:07,860
We have a hearing set up for tomorrow.
339
00:20:08,140 --> 00:20:11,860
These are your subpoena to appear as
witnesses. If you refuse... And you
340
00:20:11,860 --> 00:20:15,240
if you call us as witnesses, we'll
testify that Judge Aldrich was guilty of
341
00:20:15,240 --> 00:20:19,200
blackmail? I think if called as a
witness, you will give truthful
342
00:20:19,480 --> 00:20:21,820
yes. And we all know what happened in
that room.
343
00:20:22,140 --> 00:20:25,060
Ms. Frutt, I truly do admire your
fortitude.
344
00:20:25,320 --> 00:20:28,380
But if you have any notion that we will
compromise our client's interests... You
345
00:20:28,380 --> 00:20:29,840
wouldn't be lawyers in this proceeding.
346
00:20:30,540 --> 00:20:31,540
You'd be witnesses.
347
00:20:32,980 --> 00:20:33,980
You're insane.
348
00:20:35,080 --> 00:20:38,240
Look, we're not really here trying to
secure you as witnesses.
349
00:20:38,580 --> 00:20:39,580
Why are you here?
350
00:20:40,500 --> 00:20:44,300
If we're successful at overturning Judge
Aldridge, that $72 million verdict
351
00:20:44,300 --> 00:20:45,300
could be reinstated.
352
00:20:45,760 --> 00:20:47,280
You have to be concerned about that.
353
00:20:47,660 --> 00:20:48,579
We're not.
354
00:20:48,580 --> 00:20:51,940
Do you really want to risk it? The odds
of that panel overturning Judge
355
00:20:51,940 --> 00:20:54,340
Aldridge... Do you want to risk it?
356
00:20:55,520 --> 00:20:56,520
$72 million.
357
00:20:58,120 --> 00:20:59,600
Why don't you get to the punchline?
358
00:21:00,300 --> 00:21:02,900
For $6 million, we'll drop the complaint
against Aldrich.
359
00:21:03,300 --> 00:21:07,260
Once again, I must ask, do you expect us
to laugh?
360
00:21:07,920 --> 00:21:10,200
You won't be laughing if the 72 comes
back.
361
00:21:10,420 --> 00:21:11,440
I think we'll run that risk.
362
00:21:12,600 --> 00:21:13,600
Anything else?
363
00:21:17,300 --> 00:21:19,680
The hearing is scheduled for tomorrow at
3 .30.
364
00:21:20,120 --> 00:21:22,920
You've received your summons. Yes, in
between now and then we'll be sure to go
365
00:21:22,920 --> 00:21:23,920
over our testimony.
366
00:21:25,780 --> 00:21:27,380
You really are an ass.
367
00:21:27,860 --> 00:21:28,860
You know that?
368
00:21:29,220 --> 00:21:30,220
Tell a friend.
369
00:21:37,740 --> 00:21:41,360
He's extremely erratic. He's going on
and on about buying his way out of jail.
370
00:21:41,540 --> 00:21:42,740
Is he talking about Fiji again?
371
00:21:42,940 --> 00:21:46,220
No, but... I just got off with the clerk
from the appellate court. They can hear
372
00:21:46,220 --> 00:21:47,220
you next Tuesday.
373
00:21:47,480 --> 00:21:49,880
Scheduled. Can you have the brief,
Freddie? Yeah, it'll be done.
374
00:21:50,500 --> 00:21:51,500
What time's the hearing?
375
00:21:52,240 --> 00:21:53,019
3 .30.
376
00:21:53,020 --> 00:21:54,160
I'm gonna go see Aldrich now.
377
00:21:54,420 --> 00:21:55,420
What? Why?
378
00:21:55,680 --> 00:21:57,060
I'm gonna try the velvet glove first.
379
00:21:57,520 --> 00:22:00,100
You really think this guy's going to
listen to you after you file a motion
380
00:22:00,100 --> 00:22:01,100
against him?
381
00:22:06,020 --> 00:22:10,820
Docket number 3542, Commonwealth versus
Jennifer Cole. Susan Alexander for the
382
00:22:10,820 --> 00:22:13,800
Commonwealth, Your Honor. James Valuti
for the defendant. Wave reading. We're
383
00:22:13,800 --> 00:22:15,780
entering a plea of guilty pursuant to an
agreement.
384
00:22:16,080 --> 00:22:16,999
Let's hear it.
385
00:22:17,000 --> 00:22:18,840
One year in the House of Corrections.
386
00:22:19,320 --> 00:22:23,260
Suspended. One year probation as long as
she enters the detox center today.
387
00:22:23,480 --> 00:22:27,220
Upon release, she immediately goes to a
halfway house, then to a sober facility
388
00:22:27,220 --> 00:22:28,540
for the term of her probation.
389
00:22:28,920 --> 00:22:31,820
Just a second. This is the same offense
as yesterday?
390
00:22:32,140 --> 00:22:34,060
No, Your Honor. This has nothing to do
with the search.
391
00:22:34,280 --> 00:22:36,880
The defendant was seen by witnesses
ingesting cocaine.
392
00:22:38,600 --> 00:22:40,460
The charge is distribution.
393
00:22:41,060 --> 00:22:43,160
She is in her eighth month of pregnancy.
394
00:22:43,400 --> 00:22:47,140
She ingested cocaine, distributing the
drug to her unborn child.
395
00:22:48,170 --> 00:22:49,109
Come again?
396
00:22:49,110 --> 00:22:51,030
The distribution was to her fetus.
397
00:22:54,110 --> 00:22:56,030
What's going on? We're fine. Don't
worry.
398
00:22:57,210 --> 00:22:58,210
Mr. Berluti.
399
00:22:58,530 --> 00:23:02,990
Yes, Your Honor. You have fully
explained to your client the nature of
400
00:23:02,990 --> 00:23:06,170
charges? Yes, Your Honor. Miss Cole
understands the charges against her.
401
00:23:06,890 --> 00:23:12,050
Miss Cole, did Mr. Berluti explain that
it's extremely unorthodox for a pregnant
402
00:23:12,050 --> 00:23:13,710
woman to be charged with this crime?
403
00:23:15,590 --> 00:23:16,590
I don't know.
404
00:23:17,320 --> 00:23:19,000
He said I should take the plea.
405
00:23:19,700 --> 00:23:22,620
Did he say why? Your Honor, I am
addressing the defendant.
406
00:23:23,000 --> 00:23:25,140
Did he say why you should take the plea?
407
00:23:25,620 --> 00:23:27,620
He said we probably wouldn't win this.
408
00:23:30,080 --> 00:23:33,800
Mr. Berluti, Ms. Alexander, Chambers.
409
00:23:36,200 --> 00:23:39,460
I have never seen this law enforced
against pregnant women.
410
00:23:39,760 --> 00:23:42,720
That doesn't mean it can't be. I'm not
sure you're right about that.
411
00:23:42,940 --> 00:23:44,360
But even if you are...
412
00:23:44,570 --> 00:23:47,730
I see no basis for a defense attorney to
surrender.
413
00:23:48,610 --> 00:23:49,730
What did you two do?
414
00:23:50,470 --> 00:23:51,770
Decide on a punishment?
415
00:23:52,170 --> 00:23:55,190
Then flip through the general laws in
search of a crime?
416
00:23:55,710 --> 00:23:59,110
I don't believe you have the right to
change a plea agreement.
417
00:23:59,370 --> 00:24:02,610
I certainly have the right to reject
one. On what grounds?
418
00:24:02,870 --> 00:24:08,030
Due process, unethical behavior, lack of
legal basis, collusion.
419
00:24:08,630 --> 00:24:09,630
Take your pick.
420
00:24:11,910 --> 00:24:13,810
What's our role today, Mr. Berluti?
421
00:24:14,520 --> 00:24:16,140
Lawyer or mother?
422
00:24:16,880 --> 00:24:22,200
I advised my client. The fact that you
may disagree with my advice does not
423
00:24:22,200 --> 00:24:27,140
me unethical. You took an oath to
zealously represent your client's legal
424
00:24:27,140 --> 00:24:28,420
interests, counsel.
425
00:24:29,400 --> 00:24:32,060
Getting her into rehab doesn't qualify.
426
00:24:33,520 --> 00:24:39,280
Did you inform her that this case would
likely not make... I told her I couldn't
427
00:24:39,280 --> 00:24:40,280
be sure.
428
00:24:42,340 --> 00:24:43,440
Mr. Berluti.
429
00:24:44,460 --> 00:24:48,920
You might as well answer my question,
because next I will be asking her. Did
430
00:24:48,920 --> 00:24:53,200
your client, when agreeing to this plea,
fully appreciate that she would
431
00:24:53,200 --> 00:24:57,100
probably not be convicted of the crime
with which she was charged?
432
00:24:57,420 --> 00:25:02,760
My client is a crackhead. She can't even
fully appreciate that she's killing her
433
00:25:02,760 --> 00:25:03,760
baby.
434
00:25:09,640 --> 00:25:10,940
The plea is rejected.
435
00:25:11,880 --> 00:25:14,040
I'm reporting both of you to the state
bar.
436
00:25:14,260 --> 00:25:15,260
Get out.
437
00:25:15,280 --> 00:25:16,980
Ever see a cocaine baby, Your Honor?
438
00:25:19,260 --> 00:25:26,020
Mr. Berluni, you are an officer of the
court who is one word away
439
00:25:26,020 --> 00:25:27,020
from contempt.
440
00:25:38,260 --> 00:25:40,100
We really don't want to go after you.
441
00:25:41,230 --> 00:25:42,390
I'm touched by that.
442
00:25:43,050 --> 00:25:45,970
Your Honor, we have great respect for
both you and your position.
443
00:25:46,510 --> 00:25:49,010
But our feeling is you did cross a line
here.
444
00:25:50,090 --> 00:25:51,730
Let me tell you something, Ms. Dole.
445
00:25:51,970 --> 00:25:54,630
I was at that trial every day.
446
00:25:55,350 --> 00:25:59,730
There was no case. You people should be
laughing to get $400 ,000.
447
00:25:59,970 --> 00:26:04,190
But that's an evaluation of the merits,
which is the jury's function. The jury
448
00:26:04,190 --> 00:26:05,190
blew it.
449
00:26:06,970 --> 00:26:07,970
Okay.
450
00:26:08,720 --> 00:26:11,560
but to go from 72 million to 400.
451
00:26:12,420 --> 00:26:16,740
If I could prevail upon you to revise
the knockdown number, I could certainly
452
00:26:16,740 --> 00:26:18,860
prevail upon the client to pull back on
their complaint.
453
00:26:19,180 --> 00:26:20,580
The client isn't pushing this.
454
00:26:22,560 --> 00:26:25,900
Eleanor Frutt is the driving force here.
Don't you think I know that? Well,
455
00:26:26,000 --> 00:26:27,300
here's something she should know.
456
00:26:28,160 --> 00:26:29,760
I have life tenure.
457
00:26:30,260 --> 00:26:35,180
I will be here a long, long time with a
vivid memory, and you people will not
458
00:26:35,180 --> 00:26:36,180
intimidate me.
459
00:26:36,330 --> 00:26:40,090
We're not looking to do that. Tell Miss
Rutt I'm issuing a gag order in
460
00:26:40,090 --> 00:26:43,330
connection with this case. If she says
one word to the press, she's in
461
00:26:44,170 --> 00:26:48,670
And if she snorts out a single negative
utterance about me to anybody, I will
462
00:26:48,670 --> 00:26:52,290
refer her to the federal disciplinary
panel for violating the court rules for
463
00:26:52,290 --> 00:26:53,290
disparaging a judge.
464
00:26:53,390 --> 00:26:55,770
If she wants a fight, she's got one.
465
00:26:56,570 --> 00:26:58,390
You go tell her that, Miss Dole.
466
00:27:10,730 --> 00:27:12,470
Did you have the Wallace file removed
from my office?
467
00:27:12,730 --> 00:27:15,630
They're working on an appeal, Helen.
Certainly you don't expect me handling
468
00:27:15,830 --> 00:27:17,010
Why didn't you just ask for the file?
469
00:27:17,370 --> 00:27:18,730
I couldn't presume your cooperation.
470
00:27:19,270 --> 00:27:22,570
For all I know, you might make copies of
our work product and hand them to the
471
00:27:22,570 --> 00:27:23,570
defendant.
472
00:27:24,250 --> 00:27:28,530
Look, I think you know in your head what
I did wasn't personal, and what you're
473
00:27:28,530 --> 00:27:29,530
doing now is.
474
00:27:30,250 --> 00:27:31,910
You act on your principles, Helen.
475
00:27:32,150 --> 00:27:33,210
I'll act on mine.
476
00:27:33,490 --> 00:27:35,990
My principle is justice, Richard. Yours
is politics.
477
00:27:37,170 --> 00:27:38,170
Politics?
478
00:27:38,540 --> 00:27:39,960
I know what's going on, Richard.
479
00:27:40,180 --> 00:27:41,200
I still have ears.
480
00:27:42,060 --> 00:27:45,260
Suddenly I'm a pariah in the department
and you're choosing to distance
481
00:27:45,260 --> 00:27:46,400
yourself. That's fine.
482
00:27:47,120 --> 00:27:51,360
Let's not forget, your career was
hanging by a thread a few months ago and
483
00:27:51,360 --> 00:27:53,380
the one who stood with you and behind
you.
484
00:27:54,140 --> 00:27:57,660
Now the idea that the association with
me could be detrimental, you run.
485
00:27:59,420 --> 00:28:00,900
You're a hypocrite and a coward.
486
00:28:01,780 --> 00:28:03,200
Please do take that personally.
487
00:28:11,600 --> 00:28:16,660
So you lied to me. I didn't lie, but...
I stand a good chance of getting this
488
00:28:16,660 --> 00:28:17,660
case dismissed.
489
00:28:18,480 --> 00:28:20,180
Yes. You lied to me.
490
00:28:21,340 --> 00:28:26,700
Jennifer, I'm just trying to keep you
safe until the baby is born.
491
00:28:26,900 --> 00:28:29,000
You're still using for God's sake.
492
00:28:29,380 --> 00:28:30,580
So what happens now?
493
00:28:31,220 --> 00:28:34,980
We go back in before Judge Spindle this
afternoon. She might bind you over for
494
00:28:34,980 --> 00:28:38,880
trial. She might kick the case,
depending on how convincing the DA is. I
495
00:28:38,880 --> 00:28:39,880
another lawyer.
496
00:28:40,159 --> 00:28:42,620
If you want me to beat it, I'll try. I
want another lawyer.
497
00:28:43,160 --> 00:28:44,260
Can't I get a public defender?
498
00:28:44,760 --> 00:28:48,120
I'm sure you could, but... Then that's
what I want. You're fired, Jimmy. Please
499
00:28:48,120 --> 00:28:49,120
leave.
500
00:28:49,340 --> 00:28:50,420
Jennifer. You're fired.
501
00:28:56,040 --> 00:28:59,580
You're going to wind up dead or killing
your baby.
502
00:29:03,700 --> 00:29:04,700
Guard.
503
00:29:25,260 --> 00:29:29,680
And he said if we opted for a new trial,
he would probably remit the next award
504
00:29:29,680 --> 00:29:31,040
to $75 ,000.
505
00:29:31,340 --> 00:29:35,420
He was clearly threatening to punish us
if we exercised our legal rights.
506
00:29:36,200 --> 00:29:40,380
Ms. Frutt, judges try to steer lawyers
all the time.
507
00:29:40,660 --> 00:29:42,860
This was much more than steering.
508
00:29:43,600 --> 00:29:44,760
It was a threat.
509
00:29:45,420 --> 00:29:46,920
May I respond to that?
510
00:29:47,500 --> 00:29:48,500
Please do.
511
00:29:48,700 --> 00:29:53,120
If I was guilty of poor judgment, it was
in allowing any award.
512
00:29:53,680 --> 00:29:55,640
For me, 75 was too high.
513
00:29:56,340 --> 00:30:00,280
But when you're sitting in front of
sympathetic parents who've gone through
514
00:30:00,280 --> 00:30:05,620
ordeal of a long trial in the wake of a
jury verdict, I didn't want them to walk
515
00:30:05,620 --> 00:30:06,620
away empty -handed.
516
00:30:07,140 --> 00:30:09,000
That's why I gave them the 135.
517
00:30:09,900 --> 00:30:14,160
I let Ms. Frutt know she shouldn't bank
on my continued sense of charity.
518
00:30:15,560 --> 00:30:21,840
You chipped a $72 million award down to
$400 ,000 out of a sense of charity?
519
00:30:22,440 --> 00:30:27,180
I allowed you to keep the 400 on a claim
that was really worth nothing.
520
00:30:29,460 --> 00:30:33,200
We've certainly allowed murder charges
to stand against people who caused the
521
00:30:33,200 --> 00:30:37,260
death of unborn viable fetuses. But
those are third parties, not the mother.
522
00:30:37,620 --> 00:30:41,540
Moreover, for drug distribution, you
have to establish a specific intent, and
523
00:30:41,540 --> 00:30:42,840
there's been no showing of that.
524
00:30:43,080 --> 00:30:46,800
Specific intent can be inferred. Are you
suggesting she intended to poison the
525
00:30:46,800 --> 00:30:47,759
fetus with cocaine?
526
00:30:47,760 --> 00:30:50,940
All I'm suggesting is that if you commit
an act that causes a result that is not
527
00:30:50,940 --> 00:30:55,560
only foreseeable, but in fact
unavoidable, intent can be inferred. I'm
528
00:30:55,640 --> 00:30:58,660
Ms. Alexander, but I have to consider
the legislative intent.
529
00:30:58,920 --> 00:31:03,100
And there is no evidence that the drug
distribution laws were ever meant to
530
00:31:03,100 --> 00:31:05,460
apply to pregnant mothers under this
fact pattern.
531
00:31:05,680 --> 00:31:07,640
There's no evidence to disprove the
legislation.
532
00:31:08,000 --> 00:31:09,780
Ambiguity cuts in favor of the
defendant.
533
00:31:10,880 --> 00:31:14,660
All I'm asking is that you bind her
over. Let's just hold her. I can't do
534
00:31:15,980 --> 00:31:19,000
In the alternative, I'd like to continue
this matter. Allow me to do further
535
00:31:19,000 --> 00:31:20,420
research. Denied.
536
00:31:20,780 --> 00:31:24,740
The charges against Ms. Cole are
dismissed. This time I am doing so with
537
00:31:24,740 --> 00:31:27,340
prejudice. The defendant is free to go.
538
00:31:27,600 --> 00:31:28,760
We are adjourned.
539
00:31:43,880 --> 00:31:44,779
Go where?
540
00:31:44,780 --> 00:31:48,160
Rehab. Everything's set up. I'm not
going anywhere with you, Jimmy.
541
00:31:48,380 --> 00:31:50,220
Jennifer, you have a problem.
542
00:31:51,020 --> 00:31:54,360
Whatever my problems are, I'm not about
to come to you with them.
543
00:31:54,940 --> 00:31:55,940
Bye.
544
00:32:02,080 --> 00:32:06,020
You people hardly have an unblemished
track record, Miss Frutt. In fact, I
545
00:32:06,020 --> 00:32:08,300
go so far as to say you have a penchant
for deceit.
546
00:32:09,460 --> 00:32:11,840
Whatever you may think of our pensions.
547
00:32:12,430 --> 00:32:13,990
We have always played by the rule.
548
00:32:14,710 --> 00:32:15,810
He didn't.
549
00:32:16,210 --> 00:32:17,590
It was cowboy justice.
550
00:32:17,910 --> 00:32:22,670
I have to say, as I see the facts, most
judges wouldn't have let this even go to
551
00:32:22,670 --> 00:32:25,610
trial. Your Honor, we were in that room.
552
00:32:26,010 --> 00:32:29,090
We heard what he said and the tenor of
how he said it.
553
00:32:29,510 --> 00:32:30,770
It was blackmail.
554
00:32:31,310 --> 00:32:35,210
He took away our Seventh Amendment right
to a jury trial, and then he threatened
555
00:32:35,210 --> 00:32:36,210
us if we dared appeal.
556
00:32:36,990 --> 00:32:38,930
That's not the way it's supposed to
work.
557
00:32:39,670 --> 00:32:41,050
I know Judge Aldrich.
558
00:32:41,660 --> 00:32:43,420
I've known him for 20 years.
559
00:32:44,040 --> 00:32:48,160
I'd sooner take his word than that of a
few criminal defense attorneys who
560
00:32:48,160 --> 00:32:50,220
moonlight with contingent fee cases.
561
00:32:50,440 --> 00:32:51,640
I object to that.
562
00:32:53,900 --> 00:32:55,660
Do you have anything else, counsel?
563
00:33:06,780 --> 00:33:07,780
Yes, Your Honor.
564
00:33:08,340 --> 00:33:10,460
I'd like to call Mitchell Kravitz.
565
00:33:12,560 --> 00:33:13,560
What are you doing?
566
00:33:13,920 --> 00:33:14,920
I have no idea.
567
00:33:15,120 --> 00:33:17,480
Mr. Kravitz, please come forward and be
sworn in.
568
00:33:26,160 --> 00:33:27,200
Please raise your right hand.
569
00:33:28,200 --> 00:33:31,340
Do you swear to tell the truth, the
whole truth, and nothing but the truth,
570
00:33:31,340 --> 00:33:32,179
help you God?
571
00:33:32,180 --> 00:33:33,179
I do.
572
00:33:33,180 --> 00:33:34,400
What are you going to ask him?
573
00:33:34,660 --> 00:33:35,660
I don't know.
574
00:33:36,160 --> 00:33:37,160
You ask him something.
575
00:33:37,600 --> 00:33:38,600
Okay, Ms. Sprott.
576
00:33:39,040 --> 00:33:40,420
You may question Mr. Kravitz.
577
00:33:44,139 --> 00:33:48,500
Sir, you were in Judge Aldrich's
chambers the day in question for the
578
00:33:48,500 --> 00:33:52,740
transaction in question in your capacity
as defense counsel for the
579
00:33:52,740 --> 00:33:54,140
Environmental Protection Agency.
580
00:33:54,400 --> 00:33:55,400
True?
581
00:33:56,020 --> 00:34:01,380
True. You've been sitting here listening
to my version of what happened and to
582
00:34:01,380 --> 00:34:06,840
the one offered by Judge Aldrich. Do you
have an opinion as to which version is
583
00:34:06,840 --> 00:34:07,840
more accurate?
584
00:34:08,719 --> 00:34:14,159
Given that I've participated in this
transaction as an attorney, I don't feel
585
00:34:14,159 --> 00:34:16,980
it's appropriate for me to also bear
witness on the events.
586
00:34:17,239 --> 00:34:19,719
We have had a judge bearing witness,
sir.
587
00:34:20,260 --> 00:34:22,159
It's okay if you do so as well.
588
00:34:22,460 --> 00:34:24,719
Your Honor, I represent clients.
589
00:34:25,179 --> 00:34:28,699
I have a duty to those clients. This is
a hearing about the conduct of the
590
00:34:28,699 --> 00:34:29,699
officers of the court.
591
00:34:29,940 --> 00:34:33,840
It does not concern the interests of
clients. Certainly if it affects the
592
00:34:33,840 --> 00:34:37,460
interests of clients, I can't be
compelled to testify. I want to know
593
00:34:37,460 --> 00:34:38,800
on in that room, sir.
594
00:34:39,520 --> 00:34:41,960
You heard Judge Aldrich a short time
ago.
595
00:34:42,510 --> 00:34:45,489
We have all been listening ad nauseum to
Ms. Frutt.
596
00:34:46,429 --> 00:34:50,590
Whose testimony today more accurately
reflects what went on in that room?
597
00:34:55,050 --> 00:34:57,530
The court has asked you a question, Mr.
Kravitz.
598
00:35:00,530 --> 00:35:02,930
I believe the truth lies somewhere in
the middle.
599
00:35:04,690 --> 00:35:07,970
On whose side of the middle does the
truth lie?
600
00:35:20,520 --> 00:35:21,520
Miss Fratz.
601
00:35:22,520 --> 00:35:23,600
Oh, my God.
602
00:35:27,600 --> 00:35:31,680
You believe Judge Aldrich was guilty of
judicial misconduct?
603
00:35:33,460 --> 00:35:35,400
I ask you a question, counsel.
604
00:35:35,640 --> 00:35:40,140
Do you believe Judge Aldrich was guilty
of judicial misconduct?
605
00:35:42,080 --> 00:35:44,280
I think he conducted a fair trial.
606
00:35:46,540 --> 00:35:53,230
But... What happened in his chambers
after the verdict, while it wasn't
607
00:35:53,230 --> 00:35:58,870
blackmail, it was definitely coercion.
608
00:36:00,070 --> 00:36:01,790
May I respond to that?
609
00:36:02,470 --> 00:36:03,470
Go ahead.
610
00:36:04,270 --> 00:36:07,550
I strongly disagree with Mr. Kravitz's
characterization.
611
00:36:08,430 --> 00:36:12,590
Let's remember he was in the throes of
being smacked with a $72 million
612
00:36:12,590 --> 00:36:17,010
judgment. His career was probably
flashing before his eyes.
613
00:36:17,390 --> 00:36:19,790
I resent that. I have the floor now,
counsel.
614
00:36:22,010 --> 00:36:25,110
His powers of observation may have been
on tilt.
615
00:36:25,330 --> 00:36:26,530
But surely not biased.
616
00:36:26,830 --> 00:36:29,090
Not against a judge ruling in his favor.
617
00:36:29,810 --> 00:36:36,290
Let me say also, a judge, every single
day, exercises some coercion.
618
00:36:36,810 --> 00:36:41,050
Our dockets are jammed beyond repair
with claims that have no real merit.
619
00:36:41,050 --> 00:36:42,150
was one such claim.
620
00:36:42,790 --> 00:36:45,750
We push, steer, bend.
621
00:36:46,750 --> 00:36:50,030
Influence and, yes, coerce. We do it
every day.
622
00:36:50,570 --> 00:36:53,870
If we didn't, God help the mess, not to
mention the injustice.
623
00:36:54,750 --> 00:36:56,750
The line is a gray one.
624
00:36:57,430 --> 00:37:00,150
I submit to you I did not cross it here.
625
00:37:01,090 --> 00:37:06,390
The facts underlying this case did not
justify a $72 million verdict.
626
00:37:07,150 --> 00:37:10,110
I was there at the trial. I heard the
evidence.
627
00:37:10,970 --> 00:37:12,590
This panel did not.
628
00:37:13,350 --> 00:37:15,210
There was no abuse of my discretion.
629
00:37:16,490 --> 00:37:18,710
The knockdown number was fair.
630
00:37:48,040 --> 00:37:50,060
The knockdown number is knocked out.
631
00:37:50,660 --> 00:37:53,520
The award of $72 million is reinstated.
632
00:37:53,840 --> 00:37:57,200
Defense is free to bring a new motion to
remit once the case has been
633
00:37:57,200 --> 00:37:58,200
reassigned.
634
00:37:59,320 --> 00:38:00,560
We are adjourned.
635
00:38:17,710 --> 00:38:18,710
I'm afraid to celebrate.
636
00:38:19,270 --> 00:38:20,270
Very wise.
637
00:38:20,870 --> 00:38:22,670
The 72 will still get shot down.
638
00:38:23,190 --> 00:38:26,350
We're gonna do some research and come up
with a number to try and settle.
639
00:38:27,050 --> 00:38:28,050
Okay.
640
00:38:29,150 --> 00:38:30,150
Wow.
641
00:38:56,400 --> 00:38:58,260
Jimmy. I shouldn't be talking to you.
642
00:38:58,660 --> 00:38:59,660
Doctor, patient.
643
00:38:59,760 --> 00:39:00,840
Yeah, yeah.
644
00:39:02,380 --> 00:39:03,700
Partial placental abruption.
645
00:39:04,060 --> 00:39:06,400
Placental lining started to come loose
from the uterine wall.
646
00:39:07,240 --> 00:39:08,240
Coke?
647
00:39:08,600 --> 00:39:11,860
She started bleeding, had enough sense
to call EMS, went into shock.
648
00:39:13,300 --> 00:39:14,279
The baby?
649
00:39:14,280 --> 00:39:15,198
We delivered.
650
00:39:15,200 --> 00:39:16,200
Little girl.
651
00:39:16,560 --> 00:39:17,700
Three and a half pounds.
652
00:39:19,440 --> 00:39:20,440
She all right?
653
00:39:21,020 --> 00:39:22,180
It's too early to tell.
654
00:39:22,730 --> 00:39:25,510
She lost oxygen because of the
abruption. We're going to do a cranial
655
00:39:25,510 --> 00:39:26,770
ultrasound, check for a stroke.
656
00:39:27,210 --> 00:39:30,510
And there was cocaine in her body, some
agitation, maybe withdrawal.
657
00:39:34,030 --> 00:39:35,770
We had to notify social services.
658
00:40:11,020 --> 00:40:12,020
Sorry, Jimmy.
659
00:40:13,280 --> 00:40:14,920
You just rest.
660
00:40:17,020 --> 00:40:18,600
They won't let me see her?
661
00:40:20,600 --> 00:40:21,600
Later.
662
00:40:28,200 --> 00:40:29,520
Is she okay?
663
00:40:31,020 --> 00:40:32,080
We don't know yet.
664
00:40:32,520 --> 00:40:33,920
The doctors are hoping.
665
00:40:41,480 --> 00:40:42,860
Take her away from me, won't they?
666
00:40:49,640 --> 00:40:51,640
It's too soon to know anything,
Jennifer.
667
00:40:52,640 --> 00:40:54,320
Just try to get some rest.
668
00:40:58,260 --> 00:40:59,260
Don't let them take...
55283
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