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Previously on The Practice. We find the
defendant, Scott Wallace, guilty.
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You know, you gotta get me out. Scott.
Get me out!
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You got a problem. The man is on the
verge of a psychotic breakdown.
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He needs to be transferred to a mental
facility right now.
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We were hoping they'd order a new trial
outright. We didn't get that, but with a
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hearing, if the judge determines that
the brother did commit perjury, then we
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get a new trial. Mr. Barrett, you had a
meeting with Richard Bay and Helen
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Gamble, did you not? On the advice of
counsel, I'm exercising my Fifth
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right not to answer your question.
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I have been ordered to conduct a full
hearing into this perjury business.
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That hearing has been thwarted by the
primary witness exercising his Fifth
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Amendment right. The conviction of Scott
Wallace is hereby set aside. It is the
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order of this court that he be granted a
new trial.
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What to expect when you're expecting?
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Somebody here at Prego's. Lindsay, we
might as well tell him. Did you order
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book? Me?
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No. That little witch tricked us.
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Either that or somebody else is
pregnant.
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How did that book get here?
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I ordered it.
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I want to keep it a secret until I'm
sure everything's fine.
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Who's the father?
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I'm going to be a single parent.
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It starts today.
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It's a simple trial. One prosecution
with... You can't put me on a case and
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expect an... Actually, I can, Eugene.
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Perks of the road.
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Now, he fired his last lawyer.
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Just like the two before that. And I
have an obligation to make sure he gets
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fair trial with adequate representation.
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Well, if you're so concerned with
fairness, how about giving me time to
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prepare? Well, I'm not that concerned.
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Let me be frank.
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The defendant is world -class scum. I'm
sure he's guilty of the crime.
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Well, I'm glad you have an open mind.
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Oh, please.
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A mind is like a wound. If it's too
open, you get an infection.
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Now, he is stalling by firing one
attorney after another.
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I am not going to let him get away with
it anymore.
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Why me? Because you're as good as it
gets when it comes to criminal law.
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And I don't want to give this bastard a
shot of appeal on inadequacy of counsel.
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So you will do it.
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Helen Gamble will be the DA.
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We all know how jolly she can be.
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See you in there.
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Go meet your lovely wife -murdering
client.
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I didn't do it. The cop just wanted to
get his picture in the paper and credit
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for a big collar. I wasn't even there
that night. You lived there. But I
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there that night.
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Look, did her and I have a fight?
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Yeah. Did I shoot her?
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No.
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He got one lousy witness, man.
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I witnessed evidence that's easy to
shake, Mr. Young. It was dark. I was
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fast. No way he got a good, clear look.
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So if called to testify, you'll say you
were moving fast?
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I'm talking allegedly.
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By his account, man, I wasn't there.
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Right. When I left, in the afternoon,
she was still alive.
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The cop is lying.
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All right, look, I'm not saying the DA
will go for a plea, but if I can... No!
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I want you to beat it.
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One eyewitness at nighttime, man, you
gotta be able to make reasonable doubt
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that.
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Six months?
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On each count?
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No. Total.
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What? This is a liberal judge, and he
can go easy on sentencing.
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But, and this is important, he's
probably going to tell you a story about
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Charles.
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What do you mean about Ray Charles? He
lectures defendants.
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His favorite is the Ray Charles story.
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It's corny, but you have to take it
seriously.
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I had a defendant snicker once.
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And this guy doubled the sentence.
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I want you to think sad thoughts and
just get through it.
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And show remorse.
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Okay. You take responsibility for the
crime.
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Don't be saying you never had the drugs.
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Got it. And whatever you do, don't
laugh.
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I'm looking at prison time, Mr. Berluti.
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Ain't gonna be no laughing.
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She was unconscious?
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You were afraid of how it might look.
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You put her in the car to make it look
like a suicide.
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It's what happened, isn't it?
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This is the part that kills us.
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That's the bomb.
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This tape got admitted for impeachment,
which prevented Scott from testifying.
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You mean it made you keep him from
testifying.
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Right. I don't want to be in that
position again.
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If the judge let it in once, what makes
you think he's going to change his mind
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now? Judge Wolfe isn't the judge for the
new trial.
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We drew Judge Hiller.
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I was responding to a report on a
possible shooting. When I arrived at the
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house, I saw the defendant leaving the
side door of the house running.
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This man?
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Yes. What did you do next, officer?
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I entered the premises and discovered
the victim, an African -American female,
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approximately 30 years of age, with what
apparently was a single gunshot wound
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to the head.
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She was dead.
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Yes, ma 'am.
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When did you next see the defendant,
officer?
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Two days later. I identified him in a
police lineup as being the man I saw
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fleeing the house.
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Thank you.
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To your knowledge, sir, were any
fingerprints found on the gun?
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The gun was never retrieved.
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Was any gunshot residue found on my
client's hands?
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No. To your knowledge, was a trace metal
test done to see if my client had even
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held a gun? The test came back negative,
but it was two days later. Thank you,
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sir. You said you picked my client out
of a police lineup. You recognized him?
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Yes. In fact, you had met my client
before, hadn't you?
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Once. You had responded to a domestic
conflict before at his residence?
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Yes. When you saw my client in the
police lineup, is it possible you
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him because you had met him before?
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No, I recognized him both as a man I'd
met before and as the man I saw fleeing
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the house the night of the shooting.
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So the man was running out a side door?
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Correct. Toward the front of the house
or the back?
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The back.
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So he was running away from you? I got a
good look at him. He was running away
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from you, sir, at night?
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I got a good look.
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Why were you playing out of position?
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What?
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That's the term when you're outside your
assigned area.
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Call came in of a possible shooting. You
said you were on it, but you were
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outside your patrol area.
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I wasn't that far outside my area.
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You weren't the closest unit.
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No. Why'd you take the call?
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I recognized the address.
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Why were you playing out of position,
officer?
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I don't remember.
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You don't remember.
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My client has been in drug programs.
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He's clean.
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He hasn't been using. He's willing to do
community service upon release, Your
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Honor. In fact, it's something he wants
to do.
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And the Commonwealth is okay with six
months? We feel it's a little light, but
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we're not opposing.
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All right.
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Step back.
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Mr. Babbitt, please rise.
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And before I sentence you, young man, I
want to talk to you, not as a judge, but
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as a teacher.
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and perhaps as a friend.
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I know that young men like you rarely
have the benefit of a male influence in
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your community.
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Well, maybe for this one moment in this
very special place,
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I can be a father to you and a friend.
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I'd like to tell you a little story, a
true story.
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Now, many years ago, a little child was
born in the South.
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Poor, hungry, black.
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No direction.
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And more than that, he was blind.
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But this boy had a gift. His gift was
music. People loved to sit and listen to
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this boy play the piano.
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But like you, he had a monkey on his
back.
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The monkey of drug addiction. He was
addicted to heroin. Lord God, he loved
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needle. But you know what?
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Blind, black, addicted to drugs.
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He beat his monkey.
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Beat it, I tell you. And he went on to
become a beloved American.
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A hero.
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A black, blind, American hero.
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And that man had a name, son. His name
was Mr.
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Raymond Charles.
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Now let this be the first day of the
rest of your life, young soldier.
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A drug -free life.
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Go forward to make this world a better
place.
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I'm sorry.
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I'm sorry, Your Honor.
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You think this is funny?
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No, sir.
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Well, I'm not impressed with your
disrespect, Mr. Babbitt.
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Perhaps you're not quite ready to go
back into the world. Your Honor. Never
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mind, Mr. Berluti. The defendant is
sentenced to 18 months at Cedar
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months? Bailiff, take the defendant into
custody.
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We're adjourned.
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Let's go.
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This personnel file?
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Well, I see he's receiving psychiatric
treatment.
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That would be totally privileged.
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Ordinarily, yes.
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But sometimes the courts have looked
into the records of police officers when
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they're relevant to the case. And what
would be the relevance here?
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I don't know, Your Honor.
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But you saw him up there. He's hiding
something.
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And if there's anything in those files
that goes to his credibility, I should
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allowed access. You haven't made any
showing, and you can't make any offer of
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proof that there is anything. Carolyn,
come on. I just got this case with my
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morning cup of coffee.
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And I know Your Honor doesn't want to
give this world -class citizen any
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for appeal.
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I'll tell you what. I will look at the
report.
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If I see anything that's relevant, I'll
let you look.
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Otherwise, forget it.
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Taken out of context, it looks like an
admission.
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It was incomplete context.
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What's more, silence is admissible.
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Failure to respond to an accusation made
against you can legally be considered
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an admission.
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First of all, that begs the conclusion
that this was a voluntary communication.
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Did your client not get Miranda?
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He did, but he was in shock at the time.
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I have submitted to the court three
psychiatric reports which question the
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voluntariness... Oh, please, Mr. Donald.
Defense lawyers can hire psychiatrists
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all the time to proclaim he didn't know
what he was saying.
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We have a man whose wife was found dead.
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And he was still trying to absorb that
when the police suddenly handcuffed him.
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Next thing, he's in the room with a
district attorney. A district attorney
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now believes he's innocent, by the way.
She never said that. It's too
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prejudicial to allow a jury to see it.
It would bias them. What Mr. Donald is
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saying is he doesn't trust juries. Well,
that's the system of this country. And
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if it displeases him, perhaps he should
move to Cuba. Mr. Bay, did you see the
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sign, check your soapbox at the door?
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No. Do I need to hand one?
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The bottom line question is whether the
potential prejudice of this tape
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outweighs its probative value.
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The answer is yes.
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Let them try, Scott Wallace, on the
evidence.
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On the evidence alone, not an emotional
breakdown which occurred in the wake of
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an unimaginable tragedy.
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This man is in a psychiatric ward as we
speak.
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I've heard the arguments.
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I have your briefs. I'll take the matter
under advisement and I'll rule.
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Thank you both.
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It was totally, totally, totally my
fault.
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I kept telling him not to laugh.
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I think I put so much pressure on him.
Why would you have to tell him not to
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laugh?
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Well, he gets extremely nervous and
laughing is a reaction he has.
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That's why. I was so afraid he might get
nervous and laugh here.
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I kept hounding him, and I just made it
worse.
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He wasn't laughing at what you were
saying, Your Honor. I promise you.
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He sure seemed to be.
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He's a nervous kid.
241
00:14:03,850 --> 00:14:05,090
He's facing jail.
242
00:14:06,130 --> 00:14:07,470
Who's going to laugh at that?
243
00:14:08,310 --> 00:14:10,210
To triple his sentence?
244
00:14:12,170 --> 00:14:13,170
Please, Your Honor.
245
00:14:17,390 --> 00:14:18,390
All right.
246
00:14:20,850 --> 00:14:23,250
I'll have him brought back in. We can re
-sentence.
247
00:14:24,710 --> 00:14:28,650
But I'm giving you and your client a
break, Mr. Berluti.
248
00:14:30,070 --> 00:14:31,210
I understand that.
249
00:14:31,590 --> 00:14:33,130
And I'm very grateful, Judge.
250
00:14:36,950 --> 00:14:38,430
My medical file.
251
00:14:38,670 --> 00:14:41,650
If the judge thinks there's nothing
relevant, they'll stay sealed.
252
00:14:45,130 --> 00:14:46,130
What's wrong?
253
00:14:47,440 --> 00:14:50,360
I've been married 17 years. I have kids.
254
00:14:51,160 --> 00:14:52,300
Paul, what's the matter?
255
00:14:54,180 --> 00:14:56,440
I... What's in the file?
256
00:15:03,840 --> 00:15:04,840
I'm gay.
257
00:15:11,600 --> 00:15:16,200
When he said playing out of position, I
thought for a second he knew.
258
00:15:17,740 --> 00:15:19,640
That's why he froze up there on the
stand.
259
00:15:23,880 --> 00:15:25,480
It is totally irrelevant.
260
00:15:25,940 --> 00:15:28,800
That's my call, actually. But thanks for
your input.
261
00:15:29,080 --> 00:15:32,600
Well, I'm not so sure it is irrelevant.
If this situation caused stress, which
262
00:15:32,600 --> 00:15:34,360
affected job performance... Well, it
didn't.
263
00:15:34,680 --> 00:15:35,800
That's what it seems to suggest.
264
00:15:36,100 --> 00:15:40,460
His sexual orientation did not impair
his ability to make an ID of a fleeing
265
00:15:40,460 --> 00:15:43,760
suspect, Eugene. Helen, this whole case
turns on the credibility of this
266
00:15:43,760 --> 00:15:47,080
officer. If he was dealing with severe
stress, I have to be allowed to cross
267
00:15:47,080 --> 00:15:49,100
-examine him. First, this is so
collateral. I disagree.
268
00:15:49,340 --> 00:15:52,600
And second, it will ruin the man's life.
And the conviction ruins another man's
269
00:15:52,600 --> 00:15:54,580
life. You really want to go down that
path?
270
00:15:55,000 --> 00:15:57,240
Your Honor, you want to take me off this
case? Fine.
271
00:15:57,480 --> 00:15:59,640
But as long as I'm on it... You will be
despicable.
272
00:16:00,040 --> 00:16:01,040
I don't need that.
273
00:16:01,180 --> 00:16:02,180
All right.
274
00:16:02,240 --> 00:16:06,220
I will let you introduce that he was
receiving psychiatric treatment for
275
00:16:06,400 --> 00:16:09,040
The cause of that stress is off limits.
276
00:16:09,380 --> 00:16:10,500
I'd like to read the report.
277
00:16:10,760 --> 00:16:14,640
Denied. And Eugene, you are not to even
share this information with your client.
278
00:16:14,900 --> 00:16:16,440
I don't think you can order that.
279
00:16:16,680 --> 00:16:17,680
I just did.
280
00:16:24,040 --> 00:16:25,200
So how are you feeling?
281
00:16:25,540 --> 00:16:26,840
I'm feeling better, Bobby.
282
00:16:27,160 --> 00:16:28,960
You look better. I'm feeling good.
283
00:16:29,280 --> 00:16:30,280
No more spots?
284
00:16:31,150 --> 00:16:34,530
I want her to get you a couple of new
suits for trial, so she'll need to take
285
00:16:34,530 --> 00:16:35,530
some measurements.
286
00:16:35,610 --> 00:16:37,170
Well, this time I testify, right?
287
00:16:38,490 --> 00:16:41,890
Well, let's see how the ruling goes on
the videotape, but hopefully you'll
288
00:16:41,890 --> 00:16:42,890
testify yes.
289
00:16:43,930 --> 00:16:47,330
Are you getting any good news? All I
give you here is jello, damn it.
290
00:16:53,970 --> 00:16:56,310
Second trials typically favor the
defendant.
291
00:16:56,990 --> 00:16:59,170
There won't be any surprises this time,
Scott.
292
00:16:59,710 --> 00:17:01,090
We'll be ready for Kyle Barrett.
293
00:17:01,830 --> 00:17:03,390
Good. Excellent.
294
00:17:05,030 --> 00:17:06,030
Good.
295
00:17:09,730 --> 00:17:13,970
And I just want to apologize to the
court if I showed any disrespect.
296
00:17:14,450 --> 00:17:18,910
It wasn't my intent to offend you. I
understand from your attorney that you
297
00:17:18,910 --> 00:17:19,910
couldn't control yourself.
298
00:17:21,089 --> 00:17:22,089
That's right.
299
00:17:23,710 --> 00:17:24,710
All right.
300
00:17:25,810 --> 00:17:27,589
But before I re -sentence you...
301
00:17:28,490 --> 00:17:34,030
I'd like to tell you a little story
about a woman who, like you, lacked
302
00:17:34,030 --> 00:17:39,770
sometimes. Like you, she had an
addiction. Her addiction was gambling.
303
00:17:40,170 --> 00:17:43,950
Like you, she wanted the fast life with
fast cars.
304
00:17:44,710 --> 00:17:47,410
But she only got those things when she
learned...
305
00:17:47,790 --> 00:17:53,210
to control herself and beat her
addiction when she learned to work hard
306
00:17:53,210 --> 00:18:00,170
did work hard young man she had the
voice of an angel and with her golden
307
00:18:00,170 --> 00:18:06,450
voice and hard work she too beat her
308
00:18:06,450 --> 00:18:13,230
monkey and that woman had a name son her
name
309
00:18:13,230 --> 00:18:15,710
was miss
310
00:18:16,800 --> 00:18:18,020
Gladys Knight.
311
00:18:22,220 --> 00:18:23,220
I'm sorry.
312
00:18:24,180 --> 00:18:27,020
I was thinking of something else.
313
00:18:27,220 --> 00:18:27,939
Me too.
314
00:18:27,940 --> 00:18:28,940
I promise.
315
00:18:33,760 --> 00:18:38,800
The defendant is hereby sentenced to 12
months on each count.
316
00:18:39,320 --> 00:18:41,940
The sentence is to run consecutively.
317
00:18:42,220 --> 00:18:43,220
Two years?
318
00:18:43,320 --> 00:18:45,100
They'll have to take the defendant into
custody.
319
00:18:45,930 --> 00:18:46,930
We're adjourned.
320
00:18:52,330 --> 00:18:56,230
He can't introduce it. He can only put
it in that you were undergoing treatment
321
00:18:56,230 --> 00:19:01,030
for strife. I've testified before. These
lawyers trick you. What if he twists
322
00:19:01,030 --> 00:19:03,350
one of my answers and says I opened the
door?
323
00:19:03,550 --> 00:19:05,490
I will protect you. You have my word.
324
00:19:05,850 --> 00:19:07,710
This Eugene Young has a reputation.
325
00:19:08,430 --> 00:19:13,330
What does he care if it's called a
mistrial? For him, he'll do anything.
326
00:19:13,330 --> 00:19:14,330
the law.
327
00:19:14,750 --> 00:19:18,890
Judge Kittleson was very clear in her
ruling. Mr. Young will abide by it.
328
00:19:20,530 --> 00:19:21,530
Listen.
329
00:19:22,650 --> 00:19:24,050
You just answer yes.
330
00:19:24,450 --> 00:19:28,970
I suffered from stress and I sought
treatment. It didn't affect me that
331
00:19:29,170 --> 00:19:33,010
Keep it as simple as that. But do not,
do not lie.
332
00:19:33,610 --> 00:19:35,970
Because then he can get in the other
stuff through impeachment.
333
00:19:36,950 --> 00:19:41,070
Just answer the questions. Don't
elaborate. And I will protect you.
334
00:19:55,440 --> 00:19:57,420
I have read both your briefs.
335
00:19:57,840 --> 00:20:04,780
I also watched the videotape again, and
it is my conclusion, Judge
336
00:20:04,780 --> 00:20:10,080
Wolfe aired, allowing the tape in for
impeachment purposes.
337
00:20:10,280 --> 00:20:16,700
His legal rationale escapes me. This
tape is outright admissible altogether.
338
00:20:17,540 --> 00:20:20,580
I'm permitting prosecution to use it as
evidence.
339
00:20:20,920 --> 00:20:22,020
Mr. Donnell.
340
00:20:22,480 --> 00:20:28,700
If you think the statements or conduct
of Mr. Wallace were a result of shock or
341
00:20:28,700 --> 00:20:31,500
trauma, you're free to raise that in
your defense.
342
00:20:32,120 --> 00:20:33,120
That is all.
343
00:20:33,580 --> 00:20:38,000
The trial will begin next Tuesday at 9 a
.m. We're adjourned.
344
00:20:45,320 --> 00:20:51,460
I want to file a writ. If that tape...
Bobby, it was the right ruling.
345
00:20:51,830 --> 00:20:55,390
I should at least try. No, you
shouldn't. We have six days to get ready
346
00:20:55,390 --> 00:20:56,610
trial. You can't waste time on writs.
347
00:20:57,370 --> 00:20:59,410
Let's focus on what we can win now.
348
00:20:59,890 --> 00:21:02,930
You start preparing the psychiatric
experts. I'll go over the transcripts
349
00:21:02,930 --> 00:21:03,930
Eleanor.
350
00:21:08,110 --> 00:21:12,030
I'm obviously pleased with the ruling.
The Commonwealth has always felt that
351
00:21:12,030 --> 00:21:14,730
statement was a de facto admission and
that it was evidence.
352
00:21:15,390 --> 00:21:18,930
I'm satisfied that a jury will now get
to consider that evidence. That is all.
353
00:21:25,090 --> 00:21:31,470
Officer Brewer, have you ever made
arrests
354
00:21:31,470 --> 00:21:34,830
where the district attorneys have
refused to prosecute?
355
00:21:35,070 --> 00:21:35,869
Of course.
356
00:21:35,870 --> 00:21:36,870
How many times?
357
00:21:37,050 --> 00:21:38,050
I'm not sure.
358
00:21:38,230 --> 00:21:39,230
More than five?
359
00:21:39,270 --> 00:21:40,450
Yes. More than ten?
360
00:21:40,670 --> 00:21:43,370
Sometimes there's insufficient evidence.
More than 20?
361
00:21:43,730 --> 00:21:45,050
Objection. What's the point of it?
362
00:21:45,310 --> 00:21:49,330
The point is, this officer sometimes
claims a crime has been committed, only
363
00:21:49,330 --> 00:21:50,430
have the DA say otherwise.
364
00:21:50,690 --> 00:21:54,550
A district attorney's decision to
dismiss often turns on the prospect of
365
00:21:54,550 --> 00:21:58,030
a conviction. It's not about overruling
the arresting police officer.
366
00:21:58,350 --> 00:22:01,770
Well, sometimes it does involve the
honesty of the officer, and that's what
367
00:22:01,770 --> 00:22:02,770
trying to explore.
368
00:22:03,050 --> 00:22:04,050
I'll allow it.
369
00:22:04,210 --> 00:22:06,790
Officer Brewer, how are you on the issue
of honesty?
370
00:22:07,350 --> 00:22:09,010
What is that supposed to mean?
371
00:22:09,440 --> 00:22:10,680
Are you an honest person, sir?
372
00:22:10,960 --> 00:22:14,420
Objection sounds like badgering. Every
witness by testifying puts his
373
00:22:14,420 --> 00:22:15,420
credibility in issue.
374
00:22:15,520 --> 00:22:19,360
And I'm allowed to explore this man's
reputation for truthfulness.
375
00:22:19,620 --> 00:22:23,200
The objection is overruled. Do you
consider yourself to be a truthful
376
00:22:23,360 --> 00:22:24,360
sir? Yes.
377
00:22:24,580 --> 00:22:25,580
You live a truthful life?
378
00:22:26,020 --> 00:22:29,800
Objection. Sustained. Are you receiving
psychiatric treatment, officer?
379
00:22:31,220 --> 00:22:32,220
Yes.
380
00:22:32,460 --> 00:22:34,940
There's one of the issues for which you
are receiving treatment.
381
00:22:35,260 --> 00:22:37,380
Concern your ability to be truthful.
382
00:22:37,680 --> 00:22:38,680
Objection.
383
00:22:39,900 --> 00:22:42,160
Overruled. It's beyond the scope. I'll
allow it.
384
00:22:44,040 --> 00:22:46,580
Do you have trouble being truthful?
385
00:22:48,160 --> 00:22:51,880
Yeah. In fact, you lie every day, don't
you, officer?
386
00:22:53,000 --> 00:22:58,120
Yeah. One of the reasons you sought
psychiatric treatment is you were afraid
387
00:22:58,120 --> 00:23:02,500
your lying caused you such stress that
it perhaps started to affect your job.
388
00:23:02,840 --> 00:23:03,840
Isn't that right, officer?
389
00:23:06,280 --> 00:23:09,800
Did you not hear the question, sir? I
can repeat it. I heard the question.
390
00:23:12,340 --> 00:23:13,600
The answer is yes.
391
00:23:16,400 --> 00:23:17,400
Thank you, officer.
392
00:23:18,120 --> 00:23:19,120
I have nothing further.
393
00:23:32,120 --> 00:23:33,120
Your Honor.
394
00:23:33,280 --> 00:23:37,000
One second he's about to get six months,
now he'll do two years?
395
00:23:37,320 --> 00:23:40,660
You know that isn't right. Well, maybe
next time that will mitigate your
396
00:23:40,660 --> 00:23:42,140
amusement when... I apologize.
397
00:23:42,660 --> 00:23:43,660
Apology accepted.
398
00:23:43,860 --> 00:23:45,300
But the sentence stands.
399
00:23:48,780 --> 00:23:50,980
It's one thing to exercise discretion.
400
00:23:51,220 --> 00:23:56,040
It's another to flaunt your ego, and
this... Mr. Belluti, you are two seconds
401
00:23:56,040 --> 00:23:57,040
from contempt.
402
00:23:57,400 --> 00:24:02,100
And before you go skulking out of here
thinking of me as the bad judge, keep in
403
00:24:02,100 --> 00:24:07,460
mind... that I was about to help your
client, not only with a lesser sentence,
404
00:24:07,700 --> 00:24:11,040
but also with some advice that could
help his life.
405
00:24:12,080 --> 00:24:14,540
Now, you defense attorneys get them off.
What do they do?
406
00:24:14,780 --> 00:24:17,340
They go right back out and commit
another crime.
407
00:24:18,120 --> 00:24:24,060
I try to reach them, and I do. I tried
to reach your client to offer his life
408
00:24:24,060 --> 00:24:27,200
some direction, like I have with so many
before him.
409
00:24:27,660 --> 00:24:31,560
And he laughed, as did his attorney.
410
00:24:32,490 --> 00:24:34,930
And maybe it's your ego that needs
adjustment.
411
00:24:41,590 --> 00:24:47,170
I laughed because I've heard the Ray
Charles story a billion times, as have
412
00:24:47,170 --> 00:24:51,610
the lawyers who appeared before you. We
all tell our clients it's funny. We all
413
00:24:51,610 --> 00:24:52,750
tell them not to laugh.
414
00:24:53,650 --> 00:24:57,630
We're all afraid they might laugh
because it's so ridiculous.
415
00:25:04,450 --> 00:25:05,750
It's a joke, Your Honor.
416
00:25:06,310 --> 00:25:10,350
Poor, black, blind, this man had a named
son.
417
00:25:11,410 --> 00:25:12,690
It's paternalistic.
418
00:25:14,190 --> 00:25:15,190
Insulting.
419
00:25:15,630 --> 00:25:17,470
And all the lawyers laugh at you.
420
00:25:18,130 --> 00:25:20,570
I just made the mistake of doing it in
the room.
421
00:25:21,690 --> 00:25:25,150
If that buys me a jail cell for
contempt, so be it.
422
00:25:25,930 --> 00:25:27,650
But that's what's going on.
423
00:25:28,210 --> 00:25:32,910
You're naive to think you reach
defendants. And if you punish them out
424
00:25:32,910 --> 00:25:35,620
anger... You're also a bad judge.
425
00:25:39,660 --> 00:25:46,140
Mr. Belluti, I will ask you once again
to leave my chambers.
426
00:25:51,380 --> 00:25:56,700
I'm filing a motion for reconsideration
anyway, even though I can't stop you
427
00:25:56,700 --> 00:25:57,800
from doing what you're going to do.
428
00:26:09,420 --> 00:26:13,240
You said you would protect me.
Everything he asked was arguably within
429
00:26:13,240 --> 00:26:17,580
proper scope. I tried to shut him down.
You said you would protect me. Well, I
430
00:26:17,580 --> 00:26:18,580
couldn't.
431
00:26:19,700 --> 00:26:22,740
Listen, Eugene Young is a very smart
lawyer.
432
00:26:23,160 --> 00:26:27,060
He doesn't want the jury to know that
you're gay or what the lie is actually
433
00:26:27,060 --> 00:26:30,280
about. He knows the jury would just
dismiss it as irrelevant.
434
00:26:33,500 --> 00:26:37,780
Look, I'd like to introduce what you're
untruthful about.
435
00:26:39,000 --> 00:26:40,000
Excuse me?
436
00:26:40,380 --> 00:26:46,220
Paul, if we don't fill in some of the
blanks for the jury, your credibility is
437
00:26:46,220 --> 00:26:47,220
shot with them.
438
00:26:47,360 --> 00:26:51,580
If we tell them what Eugene is talking
about, they'll know you're not
439
00:26:51,620 --> 00:26:53,860
And my family will know I'm gay?
440
00:26:54,080 --> 00:26:58,980
My partners will know? My life, my
career? You're basically the only
441
00:26:58,980 --> 00:26:59,980
have.
442
00:27:00,200 --> 00:27:04,080
If we don't reestablish your
credibility, I can't convict here.
443
00:27:05,100 --> 00:27:06,100
No.
444
00:27:08,520 --> 00:27:10,480
I can't do what you're asking me to do.
445
00:27:10,840 --> 00:27:12,520
Well, I don't need your consent really.
446
00:27:13,400 --> 00:27:16,040
I'll figure out a way to get it on
redirect if I have to.
447
00:27:17,060 --> 00:27:18,060
I'll recant.
448
00:27:18,360 --> 00:27:21,980
I'll say it wasn't the defendant I saw
that night. No you won't, Paul. You're
449
00:27:21,980 --> 00:27:22,980
honest man.
450
00:27:23,000 --> 00:27:27,800
No, I think Mr. Young established quite
clearly that I'm not. If you commit
451
00:27:27,800 --> 00:27:30,900
perjury, your life and career truly
might be over.
452
00:27:32,000 --> 00:27:33,380
I'll make my life decisions.
453
00:27:35,320 --> 00:27:36,320
And I'll make mine.
454
00:27:53,680 --> 00:27:57,700
And I would submit to the court, given
all the circumstances, and especially
455
00:27:57,700 --> 00:28:01,700
that the Commonwealth and the defense
have submitted a joint recommendation.
456
00:28:01,700 --> 00:28:03,960
That's all it is, Mr. Belluti.
457
00:28:04,260 --> 00:28:05,380
A recommendation.
458
00:28:06,300 --> 00:28:12,540
Either for the judge to accept or
reject. I have chosen to reject it. And
459
00:28:12,540 --> 00:28:16,860
myself very annoyed that you are back
before this bench with nothing new.
460
00:28:17,200 --> 00:28:18,260
What's new?
461
00:28:18,800 --> 00:28:23,380
In addition to appearing as counsel for
the defendant, I am here as an officer
462
00:28:23,380 --> 00:28:27,940
of this court. I am standing up for the
integrity of this room. You were
463
00:28:27,940 --> 00:28:31,800
prepared to issue one sentence, then
gave another because you got angry.
464
00:28:32,540 --> 00:28:36,920
You're entitled to belittle yourself as
a man and as a judge. But when you
465
00:28:36,920 --> 00:28:41,860
belittle this room by abusing your
discretion, I'm entitled to have
466
00:28:41,860 --> 00:28:42,860
say about it.
467
00:28:45,740 --> 00:28:46,780
Is that all?
468
00:28:50,570 --> 00:28:52,510
No, sir, it is not.
469
00:28:54,130 --> 00:29:00,550
I want to speak to you, not simply as a
lawyer, but as a friend.
470
00:29:01,490 --> 00:29:03,250
There was this judge.
471
00:29:03,490 --> 00:29:05,770
She wasn't very judge -like at all.
472
00:29:06,510 --> 00:29:08,390
She had terrible manners.
473
00:29:08,790 --> 00:29:10,670
She rambled on the bench.
474
00:29:10,950 --> 00:29:17,290
She had a big mouth, and she was
obnoxious, and she had an ego.
475
00:29:17,770 --> 00:29:20,710
Lord, she had an ego just like you, Your
Honor.
476
00:29:20,930 --> 00:29:24,910
She also had a gift. She had the voice
of a crow.
477
00:29:25,870 --> 00:29:28,610
And she beat her monkey.
478
00:29:28,830 --> 00:29:34,050
She relished being obnoxious. She was
proud of mistreating people. And she
479
00:29:34,050 --> 00:29:38,470
her ego and her crow -like voice to make
millions of dollars.
480
00:29:38,710 --> 00:29:41,430
And she had a name, Your Honor.
481
00:29:42,310 --> 00:29:46,690
Her name was Judge Judy.
482
00:30:04,810 --> 00:30:07,990
Mr. Baluti, you are in contempt of
court.
483
00:30:10,390 --> 00:30:12,550
Bailiff, take him into custody.
484
00:30:18,130 --> 00:30:21,530
Officer, how many times have you
testified in criminal proceedings?
485
00:30:22,010 --> 00:30:23,310
Probably over 40.
486
00:30:23,530 --> 00:30:25,370
Have you ever been accused of perjury?
487
00:30:25,690 --> 00:30:30,350
No. Ever had a case of yours thrown out
because of unreliable testimony on your
488
00:30:30,350 --> 00:30:31,430
part? Not one.
489
00:30:32,840 --> 00:30:35,260
You also testified that you see a
psychiatrist.
490
00:30:35,820 --> 00:30:39,640
Yes. Do your supervisors know about it?
My watch commander does.
491
00:30:39,920 --> 00:30:42,680
Has he changed your assignments because
of it? Put you on desk?
492
00:30:43,060 --> 00:30:46,200
No. You admitted to Mr. Young that you
lie almost every day.
493
00:30:47,560 --> 00:30:49,740
About a personal matter, yes.
494
00:30:50,120 --> 00:30:52,340
Did it affect your work on this
particular case?
495
00:30:52,840 --> 00:30:56,960
No. Did you lie about what happened the
night Tasha Cooper was killed?
496
00:30:57,400 --> 00:30:58,500
No, I did not.
497
00:30:58,720 --> 00:31:01,900
Have you ever lied in your capacity as a
police officer?
498
00:31:02,460 --> 00:31:08,220
No, I have not when it comes to making
observation making arrests giving
499
00:31:08,220 --> 00:31:13,240
testimony about those arrests Do you
consider yourself to be a truthful
500
00:31:13,640 --> 00:31:15,760
Yes, I do
501
00:31:34,350 --> 00:31:36,390
Who was the man you saw fleeing the
house that night?
502
00:31:38,670 --> 00:31:39,670
That man.
503
00:31:39,950 --> 00:31:41,330
There. The defendant.
504
00:31:49,090 --> 00:31:50,090
Thank you, officer.
505
00:31:53,610 --> 00:31:54,650
I have nothing further.
506
00:32:08,680 --> 00:32:09,680
It's a setback.
507
00:32:09,740 --> 00:32:10,740
I won't kid you.
508
00:32:11,620 --> 00:32:13,420
Is this judge going to go against us?
509
00:32:13,860 --> 00:32:15,520
No. She's extremely fair.
510
00:32:15,920 --> 00:32:19,480
She won't do us any favors, but this
case won't be decided by her.
511
00:32:20,320 --> 00:32:23,240
This time, you will have to testify.
512
00:32:23,780 --> 00:32:27,640
I'm ready. I can handle all the
witnesses. We're in good shape there.
513
00:32:27,640 --> 00:32:33,080
videotape and your response to it on the
stand, that's what will decide this
514
00:32:33,080 --> 00:32:35,600
case. I have better focus now, Bobby.
515
00:32:35,860 --> 00:32:37,880
I mean, before, I was still in grief.
516
00:32:38,590 --> 00:32:40,810
You know, I couldn't believe she was
gone.
517
00:32:41,730 --> 00:32:48,730
But now, when I think of what she did, I
mean, killing herself right
518
00:32:48,730 --> 00:32:52,130
after we had a fight, I mean, that was
an angry act,
519
00:32:52,950 --> 00:32:54,610
Bobby. I mean, that wasn't depression.
520
00:32:54,810 --> 00:32:56,190
She was doing it to me.
521
00:32:57,610 --> 00:32:58,630
That was hateful.
522
00:32:59,490 --> 00:33:02,350
And right now, I hate her, Scott.
523
00:33:02,670 --> 00:33:06,410
I hate her, and I'm not going to lie in
some wallow any longer.
524
00:33:07,630 --> 00:33:09,990
Everything is easier now, being angry at
her.
525
00:33:11,550 --> 00:33:13,030
I have my focus back.
526
00:33:15,710 --> 00:33:16,730
I hate her.
527
00:33:23,830 --> 00:33:29,610
One eyewitness who sees a man at night
from the side running away from him.
528
00:33:29,670 --> 00:33:30,850
Could he describe him?
529
00:33:31,170 --> 00:33:33,110
Black, medium build.
530
00:33:33,470 --> 00:33:37,070
No clothes, no distinguishing
characteristics, just black.
531
00:33:37,560 --> 00:33:42,540
Medium build. A black man, in the dark,
running away, three, four seconds, but
532
00:33:42,540 --> 00:33:43,540
he got a good look.
533
00:33:43,840 --> 00:33:45,740
Now, we all know what happened here.
534
00:33:46,340 --> 00:33:48,200
That man saw somebody running.
535
00:33:48,440 --> 00:33:52,020
He then sees the wife dead, figures it
must have been the husband he saw going
536
00:33:52,020 --> 00:33:53,020
out the door.
537
00:33:53,060 --> 00:33:55,440
He then picks the husband out of a
lineup.
538
00:33:56,660 --> 00:34:00,280
But that was easy, because he had met
the husband before.
539
00:34:01,820 --> 00:34:02,820
No weapon.
540
00:34:03,470 --> 00:34:07,970
No gunshot residue on my client's hands.
Nothing to suggest he had even held a
541
00:34:07,970 --> 00:34:12,850
gun, much less fired one. That police
officer made a guess, and he's sticking
542
00:34:12,850 --> 00:34:15,530
his hunch. That's what this is, and we
all know it.
543
00:34:16,610 --> 00:34:21,429
One three -second ID in the dark by a
self -confessed liar, that isn't proof.
544
00:34:22,699 --> 00:34:27,460
Their whole case comes down to the say
-so of a man receiving psychiatric
545
00:34:27,460 --> 00:34:33,860
treatment to deal with stress caused by
his inability to tell the truth.
546
00:34:36,400 --> 00:34:39,719
Do I really need to stand here and tell
you there's reasonable doubt?
547
00:34:43,120 --> 00:34:44,320
No other prints.
548
00:34:44,540 --> 00:34:45,580
No DNA.
549
00:34:46,159 --> 00:34:51,739
No physical or testimonial evidence to
even suggest that anyone else was in
550
00:34:51,739 --> 00:34:52,718
house that night.
551
00:34:52,719 --> 00:34:54,620
No other cars in the area.
552
00:34:54,820 --> 00:34:57,120
The intruder fled on foot.
553
00:34:58,080 --> 00:35:03,080
It was that man fleeing the house.
Officer Brewer saw him.
554
00:35:03,420 --> 00:35:08,740
He was unequivocal in that. The
defendant, Brian Grant, was the man he
555
00:35:08,740 --> 00:35:09,740
that house.
556
00:35:09,780 --> 00:35:11,520
Defense has offered neither evidence.
557
00:35:12,090 --> 00:35:13,810
nor testimony to shake that ID.
558
00:35:14,090 --> 00:35:18,650
All Mr. Young could seize upon was some
psychiatric treatment that Officer
559
00:35:18,650 --> 00:35:21,010
Brewer is undergoing for a personal
matter.
560
00:35:21,930 --> 00:35:26,250
Yes, he lies about something in his
personal life. Big deal, we get that.
561
00:35:27,130 --> 00:35:29,410
But he doesn't lie as a police officer.
562
00:35:29,750 --> 00:35:32,590
It doesn't make him an unreliable
witness.
563
00:35:32,970 --> 00:35:39,150
In fact, in 21 years, Officer Brewer has
had an exemplary record of honesty on
564
00:35:39,150 --> 00:35:40,150
the force.
565
00:35:40,620 --> 00:35:42,220
He's never given untruthful testimony.
566
00:35:42,940 --> 00:35:44,820
He's never been a false witness.
567
00:35:45,380 --> 00:35:48,460
His honor has been beyond reproach.
568
00:35:48,800 --> 00:35:54,900
Just as his testimony is here when he
tells you that's the man he saw leave
569
00:35:54,900 --> 00:35:55,900
house.
570
00:35:55,980 --> 00:36:00,620
You haven't heard one word suggesting
that anyone else committed this murder.
571
00:36:01,140 --> 00:36:02,320
Gee, I wonder why.
572
00:36:05,060 --> 00:36:06,680
He's home alone with his wife.
573
00:36:07,500 --> 00:36:08,620
He shot her.
574
00:36:09,190 --> 00:36:10,670
He's seen running out.
575
00:36:12,210 --> 00:36:13,350
That's why we're here.
576
00:36:22,850 --> 00:36:23,850
Go.
577
00:36:27,390 --> 00:36:31,810
The only reason I don't keep you
overnight for what I deem to be criminal
578
00:36:31,810 --> 00:36:32,810
disrespect.
579
00:36:48,230 --> 00:36:49,770
How long have they been laughing at me?
580
00:36:52,010 --> 00:36:53,010
Long time.
581
00:36:56,870 --> 00:36:58,950
How long have you been telling that Ray
Charles story?
582
00:37:02,250 --> 00:37:05,750
At least I try to do something. I care,
at least.
583
00:37:06,070 --> 00:37:07,110
Most judges...
584
00:37:16,490 --> 00:37:18,290
Tell your client I'll give him six
months.
585
00:37:19,610 --> 00:37:20,610
Beat it.
586
00:37:22,010 --> 00:37:23,010
That's it?
587
00:37:24,950 --> 00:37:27,030
You want a story first, Counsel?
588
00:37:29,210 --> 00:37:30,210
No.
589
00:37:32,990 --> 00:37:33,990
Just go.
590
00:37:56,880 --> 00:37:57,880
Came back kind of fast.
591
00:37:59,140 --> 00:38:00,140
That mean anything?
592
00:38:01,460 --> 00:38:03,200
Usually it means it was a quick
decision.
593
00:38:05,960 --> 00:38:09,040
Mr. Grant, the court will ask you to
stand, please.
594
00:38:11,960 --> 00:38:13,900
Mr. Foreman, has the jury reached a
verdict?
595
00:38:14,340 --> 00:38:15,339
We have, Your Honor.
596
00:38:15,340 --> 00:38:16,340
What say you?
597
00:38:16,520 --> 00:38:17,960
Commonwealth versus Brian Grant.
598
00:38:18,360 --> 00:38:23,020
On the charge of murder in the first
degree, we find the defendant, Brian
599
00:38:23,160 --> 00:38:24,540
not guilty.
600
00:38:26,120 --> 00:38:29,840
On the charge of murder in the second
degree, we find the defendant, Brian
601
00:38:29,840 --> 00:38:32,280
Grant, not guilty.
602
00:38:37,200 --> 00:38:40,400
Members of the jury, your service is
completed, and we thank you.
603
00:38:40,860 --> 00:38:43,660
The defendant is free to go, and we are
adjourned.
604
00:38:45,500 --> 00:38:46,500
Wow.
605
00:38:48,560 --> 00:38:49,560
Thanks, man.
606
00:38:49,860 --> 00:38:50,860
Sure.
607
00:38:51,260 --> 00:38:52,400
Innocent till proven guilty.
608
00:38:52,740 --> 00:38:53,880
The motto lives.
609
00:38:54,380 --> 00:38:55,520
We'll see you next time.
610
00:39:07,210 --> 00:39:08,490
I'm sorry we didn't get him.
611
00:39:09,130 --> 00:39:10,130
Yeah.
612
00:39:10,790 --> 00:39:11,790
Did our best.
613
00:39:12,690 --> 00:39:13,690
Miss Gamble.
614
00:39:15,890 --> 00:39:16,890
Thank you.
615
00:39:18,090 --> 00:39:19,270
I wish you well, Paul.
616
00:39:19,990 --> 00:39:20,990
You too.
617
00:39:37,900 --> 00:39:39,880
I really appreciate you coming in with
your client.
618
00:39:41,480 --> 00:39:46,600
It's against my better judgment. I
totally understand. It's just... Lawyer
619
00:39:46,600 --> 00:39:50,940
lawyer, you're aware that Helen Gamble
believes your client committed perjury
620
00:39:50,940 --> 00:39:53,000
the first trial. Ms. Gamble was
mistaken.
621
00:39:53,540 --> 00:39:54,780
Yes, well, I don't believe she was.
622
00:39:55,140 --> 00:39:58,340
Mr. Donald, I'm confused at the agenda
here. The agenda is this.
623
00:39:58,860 --> 00:40:00,180
I'm putting you on notice.
624
00:40:00,520 --> 00:40:05,120
If your client takes the stand again and
lies, I'll be taking his house.
625
00:40:06,020 --> 00:40:07,520
Bobby? Tell him, Mr. Stone.
626
00:40:07,960 --> 00:40:10,000
Tell him the exposure he faces.
627
00:40:10,560 --> 00:40:14,100
Abuse of process, false imprisonment. I
don't know what you think you're doing.
628
00:40:14,100 --> 00:40:18,300
If he lies again, I'll be filing a
complaint against you for suborning
629
00:40:18,380 --> 00:40:20,640
I'm reporting this to the district
attorney's office.
630
00:40:20,880 --> 00:40:24,280
You do that, but in the meantime, get
around to giving your client some legal
631
00:40:24,280 --> 00:40:25,660
advice. Come on, Kyle.
632
00:40:29,760 --> 00:40:31,620
Tell him what I'll do to him, Mr. Stone.
633
00:40:31,960 --> 00:40:34,400
You just crossed the line, Mr. Donald.
634
00:40:35,140 --> 00:40:37,220
We're just two lawyers talking, Mr.
Stone.
635
00:40:38,960 --> 00:40:40,080
Just you and me.
636
00:40:45,640 --> 00:40:46,840
What the hell do you call that?
637
00:40:47,500 --> 00:40:50,000
I call it intimidating the lead witness
for the prosecution.
638
00:40:50,580 --> 00:40:53,260
I gotta keep that lying bastard out of
the witness chair.
639
00:40:56,720 --> 00:40:59,780
You've got a lawyer in there who just
threatened my client.
640
00:41:00,420 --> 00:41:02,000
Really? With you there?
641
00:41:03,180 --> 00:41:04,180
Call the police.
642
00:41:19,560 --> 00:41:20,940
I came to congratulate you.
643
00:41:21,920 --> 00:41:24,460
And I get a personal visit for that.
644
00:41:25,260 --> 00:41:26,260
That.
645
00:41:27,520 --> 00:41:32,360
And the police just got into a shootout
with the man who fired back with the gun
646
00:41:32,360 --> 00:41:33,860
used to kill Tasha Cooper.
647
00:41:34,640 --> 00:41:39,580
He matched the description of the
suspect Officer Brewer saw running, and
648
00:41:39,580 --> 00:41:40,780
also confessed to the crime.
649
00:41:44,500 --> 00:41:46,600
I know you didn't care if your client
was guilty.
650
00:41:48,940 --> 00:41:52,980
I thought you might be interested to
know he was innocent.
53744
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