Original subtitles

You're number 218?

Yes.

I thought I was meeting Freddy.

Freddy works for me, but I gave him the day off.

Mr. Herman.

Jimmy.

Well, my condolences, Jimmy.

What the Steelers did to you ought to be against the law. Cruel and unusual

punishment.

You see the game?

Of course you saw it.

$5 ,000 wager, you got a pulse. You're going to watch the game.

That interception killed me. That's why I don't bet.

I have a good portion of the money.

See, I would have gone with the Steelers, too. What are you kidding?

Getting eight and a half?

But now, with the Steelers and the losers on the Falcons and the Rams and

the Bears and the Niners.

Plus what you didn't get to Freddie last week.

I have $7 ,000.

Which means you owe what?

Twenty -seven more. Which I will have by the end of the week.

You're two weeks late now.

I'm going to borrow some money from my retirement account, but it takes a

of days.

And I got a call in to a cousin of mine in Worcester. Guy owns like 12th Park

and... I got another idea.

Okay.

Sure.

You're a lawyer, right?

Yeah.

Did I tell Freddie that? My proposal is this. You provide some legal services

and your debt goes away.

What sort of legal services?

My ex -wife is trying to rob me.

Will you be my lawyer, Jimmy?

Decaf, Lucy? It's not. I can tell when it's decaf. It's regular.

You know, I find on trial days, I don't need caffeine.

Where's the office coffee hog telling me this? What?

You might as well hook up an IV, Rebecca.

I take my share. No more.

Lindsay, that was Martin Jenkins' mother.

She's still in Hartford.

Excuse me?

She couldn't get the day off.

Her son goes on trial for attempted murder. She can't get the day off? I

you were going to plead.

He wouldn't let me. Don't tell me.

He's innocent.

He is.

Morning.

Still morning?

Sorry I'm late.

That personal matter of mine went a little longer than I thought.

Mommy, you got a minute? Sure.

What's up?

Deposition in the Sandler case got pushed.

They're saying beginning of next month.

That's what you need a minute for?

Bobby, I was asked to do some pro bono work, which I really need to do.

What's wrong?

The guy's my bookie.

I don't gamble anymore. Trust me.

You do not have to worry about that because I have definitely learned my

What do you owe?

$27 ,000.

It started small to make the games more interesting. That's all.

Last season I did okay.

Better than okay.

Started thinking I knew what I was doing.

What's the case?

His ex -wife is doing him for fraud. He won a lottery. She's claiming he didn't

tell her.

Lottery? For how much? A hundred thousand.

He says he bought the ticket with separate funds.

The lottery commission's holding all the money until the ownership issues are

resolved.

Anything I can get him over 70 comes off my tab.

It's one day's work, two at the most.

She did everything right.

She stayed calm, she avoided eye contact, and she gave up the money

fight.

He shot her anyway.

It's a miracle she didn't die.

When did you arrive on the scene, Detective?

Within minutes.

There was another woman at the store, an eyewitness, Martha McKee.

She's the one that called 911.

What happened after you arrived?

Well, we got a description of the shooter from Mrs. McKee.

We pulled the surveillance tape and started canvassing the area.

We found the defendant less than two blocks away.

What was he doing?

Sitting on a stoop, drinking beer with some of his friends.

He was dressed just like on the tape.

Same sweatshirt, everything.

What did you do next, detective?

Placed him under arrest and searched him.

We found $580 in his pocket.

This witness, Mrs. McKee, did she attempt to make a formal identification

suspect? Yes, we showed her a photo six -pack.

This one?

Yes. She positively identified photo number two as the man who shot the

And whose photograph is in the number two slot?

Photo number two is him, the defendant, Martin Jenks.

The clerk who was shot, did she identify my client?

No, she couldn't make any identification.

None at all? She knew it was a white male, that's all.

When you found my client, detective, did you find a gun on him?

No, we never found a weapon.

Any fingerprints at the scene?

He was wearing gloves.

Did you find the gloves?

No.

It went good, didn't it?

Well, it looked like you on the tape. It looked like me. Half my block has a

sweatshirt like that. It's not just the sweatshirt, Martin.

They've got that witness. Who's wrong?

Wrong, but unequivocal.

And she's a pretty credible person.

Selectman, school committee member in Braintree, a long - She's wrong!

Okay, you need to calm down.

Here's the problem.

If I put you on the stand, The jury could learn about your record. But for

getting high, stealing some CDs?

I don't take off stores with guns. I don't shoot people. I believe you.

But I'm telling you, I met with this witness. I talked to her myself.

I'm worried that the jury will take her word.

Well, that can't be enough to put me in jail. It is enough.

She's an eyewitness.

You throw in the hooded sweatshirt, the cash in your pocket. I told you I earned

that money busing tables downtown.

In an off -the -books job for $200 a week, you were carrying $600.

These are the questions you

will be asked.

All the money I got, I carry.

It just makes me feel big, you know?

So why all of a sudden do you think I'm going to lose? Tell me that.

Sometimes you get a feel in the room.

And I just don't like the one I'm getting here.

That police officer seemed pretty persuasive.

I didn't like the way the jury was looking at you. But I didn't do

I know that.

But if we lose, attempted murder is 15 to life.

And your mother not showing up?

That didn't help.

Promise me I won't go to jail.

I can't make that promise.

Please, let me try to plead.

If I can get a reduced sentence, please.

The problem is, you bought the lottery ticket on July 18th.

You won the money on the 22nd. The divorce became final on the 28th.

Why is this a problem?

Legally, she's entitled to have. Yeah, but I'm not hiring you for a legal

opinion, Jimmy.

You got to figure out how to keep her from getting any.

We would have to show the ticket was bought with segregated funds.

We've been over this.

I told you I did.

Yes, but your word... I segregated the money aside in anticipation of the

divorce. I bought the ticket with that money. I'm not sure the judge will

believe that.

And if he thinks you're trying to commit a fraud, he could give it all to her.

That's what I'm most worried about.

Listen to me.

I already give her 6 ,000 bucks.

A month. More than I have to. Which we will point out. Just to keep her yap

about what I do. Which we will not point out. Do you know what she does all day?

Gets her nails done and bangs her boyfriend.

Six thousand bucks a month.

This is how she shows her gratitude.

I'd like to try to settle this. Why? Because I don't want it coming down to

demeanor or your word of honor.

I got a meeting set up with her attorney.

If I could get 60 for you, 40 for her... That does you no good. I understand

that. But we got to look at what we're faced with here.

The judge could give her 60 -40.

And if he should ever give it all to her... I'll kill her first.

Maybe that should be our strategy here.

We tell her, walk away for health reasons.

Are you threatening her?

I'm using you to intimidate her. Are you threatening her life?

Of course I am.

Get my money.

You just take your time.

All right, keep your answers short and try to look at the jury.

Is this attorney aggressive?

She didn't seem so.

She'll be tougher in court than when she interviewed you, but you just stick to

what you saw and you'll be fine.

Okay. All right, I'll see you at 8 .45 tomorrow.

Shut up.

Okay. Come in.

Oh, I'm sorry. I didn't know you were busy. No, it's all right. We're just

finishing. I believe you know Martha McKee. We've met.

Hello again.

We'll see you tomorrow, 8 .45.

Okay.

She's wrong about the ID.

Came here to tell me that?

She was scared to death, probably focused on the gun.

And we both know how unreliable eyewitnesses can be.

Not pleading out.

He's got no priors for violence and sitting less than two blocks away in the

same sweatshirt? How stupid could he be?

What about the cash? Six hundred? He likes to carry cash.

There's nothing illegal.

No deal.

Look, I've been doing this a long time and...

I'm not in the habit of believing all my clients.

I think he's innocent.

Twelve years.

That's the best I can do.

Come in with five, I'll sell it. Well, I'm sure you would, but I'm offering

twelve.

What's the conference?

Twenty minutes.

So when did all this start?

The gambling.

I told you, nickel and dime bets to make the games interesting.

Then, you know, I upped it to make my life interesting.

You get addicted to the risk, I guess. Which means you have to bet more than

can afford to lose.

I ain't doing it anymore.

Jimmy. If it's an addiction... My cousin's in one of those gambling

clubs. Odds are I'll go.

That was a joke.

I'm not laughing.

Hey, let's not forget how I got here.

I falsified loan documents and got myself fired from a bank.

That's my legacy.

That's not your legacy.

If you're trying to tell me you're not smarter than this...

I'm not gambling anymore. You have my word.

Stuart Miller and client.

Send him in.

Hello.

Speaking.

When?

Yeah, okay.

How? Heart attack.

She's just in my office. It happened on the drive home. She's DOA. And this was

your eyewitness? Yes, my only eyewitness.

But she hadn't testified. She's due up next.

Any recorded testimony of any... I still got the videotape.

We got the clothes. Maybe if I can tell the... No gun?

No prints?

Without that eyewitness, the judge will knock you out on a rule 25 before it

even gets to the jury.

Any chance you'll put the defendant up?

She's too smart.

I think we're dead.

Does Dole know the witness is dead?

No, I don't think so. Certainly not from me.

And there's still time.

Plead it out.

Kenny, I think I have to tell her.

No, you don't.

It isn't exculpatory evidence. You don't have to tell her anything about this.

Plead it out.

Quick.

I think we can all agree, if we can work this out amicably... Oh, is that the

goal here?

That we all get amicable? That the purpose of the fraud is to bring us

This is her. Charming. Okay.

This isn't a good start. Look, the legal reality here is not complicated. The

lottery ticket was purchased before the divorce.

The prize was won before the divorce. The money...

His marital property. Not if he bought the ticket with segregated funds.

Do you have any records from any bank accounts? I kept it in cash.

You can't even lie well. All right.

Anger isn't going to help things.

Anger is all he left me with, Mr. Berluti. He divorced me because he won

lottery. That is not true. The marriage was dead. We were no longer intimate. We

didn't communicate.

Communicate?

You couldn't communicate that you won the lottery. Or that you were a bitch.

Hey, play the tape.

Vicki, I really prefer... Play the tape.

What tape?

This would be July 14th, shortly before the lottery.

May I?

What is this?

I believe it speaks for itself.

May I?

Go ahead.

You don't think I kept records of certain things, Sid? What's going on?

This would be your client here with the female undergarments.

And that would be my client there with the apparatus.

My client, from this angle, is on top of your client right there.

Turn it off.

First of all, that isn't relevant. As distasteful as it is, Mr. Berluti, I'm

afraid it is relevant.

Your client is claiming that the marriage was dead before the lottery.

saying that there was no intimacy. Well, although admittedly unconventional,

that was conjugal activity on that tape. And should this go to court...

We will introduce it. I'll suppress it. I doubt it.

Okay, here's the deal.

I get 70 and you get 30.

Just bend over and take it, Sid.

You never minded before.

Alan, these are the results of our polygraph. He passed convincingly.

Come on, Lindsay. For all I know, you tested him ten times and he passed one.

I didn't.

He's innocent, Alan. He stands to be convicted for wearing a green

He didn't do it.

Look at his record, for God's sake. He's never committed any kind of violent

crime.

Five years, five more probation.

And he waives parole.

It's the best I can do.

I'm not doing five years. Martin. No!

It's a good deal. Sending me to jail for something I didn't do?

The guy who shot that woman is still out there. Don't they care about that? I

don't care about him. I care about you. I don't want you doing 15 years. It's

not the truth. Forget about the truth. It doesn't work that way.

I can't win this trial.

If I thought I could.

Five years, you still have a life left.

Fifteen, you don't.

Your Honor, we've reached an agreement.

Is that right, Ms. Dole?

Yes, Your Honor. My client is prepared to enter a change of plea.

Mr. Jenks, is it your desire to plead guilty at this time?

Yes. I need you to speak up, son.

Yes.

All right. Now I need to ask you some questions, for the record.

Okay.

Is your decision to plead guilty being made voluntarily?

Yes.

Did you talk about it with your attorney?

Yes. You understand that by pleading, you're waiving your right to cross

-examine witnesses, present evidence, and have a jury decide your guilt?

Yes.

Ms. Dole?

Have you advised your client regarding this plea?

I have, Your Honor.

And you concur with it?

I do.

All right. Before I can formally take the guilty plea, I need the defendant to

establish a factual basis for it.

What she said... My lawyer already told you I want to plead guilty.

Martin, you have to... Son, I need you to tell me what you did in your own

words. Otherwise, I can't accept your plea.

I did what the prosecutor said I did.

You robbed and then shot the woman in the convenience store?

Yes.

So as to the charge of attempted murder, you wish to plead guilty?

Yes.

Very well.

The plea is accepted. Mr. Lowe?

Commonwealth moves for remand. Granted.

Defendant is remanded into custody, pending sentencing, and we are

Are you okay?

Thank you. Okay.

I won't forget.

This is not a good result, Jimmy.

I'm due 50.

I hire you to try to bump it up to 70. Now you're advising me to take 30?

Not a good result. If you want to go to trial, I will do that.

What's the chance of that tape coming into play? I'd bring a motion in limine

try to prevent that, but I can't guarantee success.

If you're worried about people seeing that video and having seen it, I would

your concern is a good one.

I'd settle.

And just let her win?

I don't know what else to tell you.

Don't you look comfortable.

Hey, between a trial and a baby at home, if I find a quiet moment, I feed it.

You got a problem with that?

Evidently not.

I only came into work today because I'm exhausted.

Tell me about it.

Hey, Lindsay, did you see this?

Today's obit page.

What?

Witness in my trial died a heart attack.

One of yours or theirs?

There. You knew she was dead.

If you're going to yell... I'm not yelling. I'm using a firm voice. You

was dead.

This case was over.

Without that witness, you had to dismiss.

Not true.

It's fraud. You intentionally withheld... Hey, your client committed

murder. Five years for that is a gift for your information. I'm filing a

to vacate the plea, and then I'm going straight to your supervisor.

Let me save you the trouble.

Mr. Lowe is acting under my direction and with my complete approval.

So this was a conspiracy to mislead me? We were acting within the ethical

boundaries. That's crap. You lied to me. You withheld material evidence. It is

not evidence, Ms. Dole. You can't sit on that kind of information. You got the

deal you were asking for.

You pushed for it not us Are you serious?

We did nothing wrong

First, you need to calm down. Don't tell me to calm down. You calm down.

Okay, I'm going to take a second and calm myself down. You think this is

I think it's disgusting.

I think all three of us should go into court, but we can't go in with emotion,

Lindsay. He would have walked.

An innocent kid is doing five years. Let's do some research on whether it

qualifies as exculpatory or denial of due process. Eugene, maybe you and

can get on that.

You need to draft a declaration setting forth exactly what Lowe told you.

I'll mark up the motion with the clerk's office. We can't let them get away with

this, Bobby.

We can't.

Can I help you, Lissy?

Jimmy's case is over.

Jimmy, what are you doing here?

Family lawyer.

Can I see?

It's not going to make your day.

I'd like to see.

Shots were heard less than an hour ago.

Witnesses? Nobody yet.

Your client's over here.

That's not my client actually I represent her husband

We heard they're going through a divorce Yeah

Would you happen to know where your client is right now Jimmy No

Well, can I take my plea back now?

I don't know.

That's what we'll be going into court to ask for. They can just lie like this?

I'm not sure.

I've never really heard of this happening before.

So, when you were convincing me to plea, the witness was already dead?

Yes.

We're going to fight this, Martin.

I stood up in court and I told the judge, everybody, that I did it and I

didn't.

I've got my whole firm on it now.

We're in before Judge Wilcox tomorrow.

Do you think we'll win?

We have a real chance.

This isn't over.

Any listening devices in there?

None.

You believe this? They think I whacked her.

Did you?

I am shocked that you would ask me that, Jimmy.

Check my alibi, you want peace of mind.

Did you have it done?

All right, just get me out.

What have you told them?

Nothing.

Just asked for my lawyer, period.

I didn't even so much as express grief over my wife's demise, which was

difficult.

Get me out.

I understand they don't like it, but the fact remains this plea is valid. It was

a violation of due process. It was made in bad faith and secured by fraud.

We did no such thing. You deliberately withheld material evidence. We have a

duty to disclose exculpatory evidence, evidence that shows he didn't commit the

crime. The fact that our witness died.

It has nothing to do with whether he's guilty. It went to whether you even had

case. Mr. Donald, your client accepted the plea in my courtroom. I heard it. He

stood right there and admitted he robbed and shot that woman. Which was

extortion. Extortion? Ms. Dole.

Martin Jenks has always maintained his innocence.

He took this plea because I forced him to, because I believe the eyewitness was

ready to testify.

Lawyers play poker all the time. Oh, don't insult me or this court by calling

what you did poker.

Your Honor, every defendant who pleads takes a chance.

He's gambling that he'll be better off pleading guilty than going to trial and

getting convicted.

Sometimes he's right and sometimes he's wrong. But the law doesn't permit him to

withdraw his plea because he later learns that he overestimated the

our case.

It wasn't an estimation.

Who's arguing here?

Whatever chance they had at winning at trial died along with Mrs. McKee.

As an officer of the court, Mr. Lowe was obligated to reveal that to me, as well

as to you, Your Honor. There is no such obligation in either case law or

statute. What about fundamental fairness?

Your Honor, over 90 % of all criminal cases are resolved by plea bargain.

To work, the whole system has to be based on trust. Mr.

Lowe and Mr. Walsh violated that trust. The system is doing fine, Ms. Dole.

And the right man is behind bars, where he belongs.

Perhaps what's really going on here is Ms. Dole's concerned about her own

actions. I didn't know I was negotiating with liars. I objected that. You're a

liar. Ms. Dole. They care more about railroading people than doing justice.

Martin Jenks is in jail right now for something he didn't do.

That fact doesn't seem to bother the DA's office. It should bother this

It bothers the court that you forced your client to enter a guilty plea. I

persuaded him, thinking that... You said force. Let me talk.

We make our decisions, and yes, we force our clients' hands based on the case

they have and whether they can make their burden.

This case was a lie, a knowing lie, which my client relied

on to his detriment.

Did I lose it?

A little. But I think you did fine.

Hopefully your passion will count.

You did 20 minutes.

As far as the police are concerned, there's still no evidence.

Which there wouldn't be, because I'm innocent.

Right.

What about the status of the lottery winnings?

Your wife's estate can still make a claim.

Do you want me to follow up on that? No.

I think I might engage a new counsel, just the same.

So, I guess we're done, then.

Done? You still owe me the 27, Jimmy.

Didn't exactly work that off.

I think we're done, Sid.

If I was in a position to be charitable, that would be one thing, but I got

debts to pay off.

What do you say you walk out the door, forget my debt, and I'll forget how you

threatened to kill your wife?

Privileged. Bodily threats don't apply to... Why didn't you blow your whistle?

You thought I was going to hurt her, and you stayed quiet?

That doesn't look good for you, does it?

You want to know how big a gambling Jones is, Jimmy?

You didn't want to hear it as a real threat because you wanted to pay off

bets.

So it is.

I got more on you than you got on me.

I'm asking you to get out of this office now.

You're making me upset.

From what you've seen, do I respond to stress good?

You're threatening me now?

Of course not.

I will say this.

You don't even know what you're into.

I need that money.

I give you a week.

Close the door, please.

We're doing this in here because some of what I want to say is off the record.

Actually, it's our office policy that a court reporter be present for... Mr.

Lowe, I don't really care at this moment about your office policy.

We're fine without a court reporter, Your Honor.

Mr. Walsh, I've known you a long time.

And I've known you to be a straight shooter.

But I am very troubled by the due process implications of what happened

Your Honor, this defendant committed a violent... Save it!

There are no reporters present, and I don't need to hear your stump speech.

Then we'll submit on our prior argument, and again ask this court to deny

defendant's motion to withdraw his plea.

Fine.

I brought you in here, Mr. Walsh and Mr. Lowe, rather than embarrass you in

public.

Because I wanted to tell you that there is something more important than the

mere holding of a case.

I am talking about fair and unfair, right and wrong.

And what happened in this case is wrong.

And it sickens me that you two can't see that.

Everything I said in court, and I mean everything, was a correct statement of

the law.

And since we're off the record...

Let me just say frankly that I don't need lectures from your honor about

and wrong.

Mr. Jenks pled guilty because he is guilty.

And neither the law nor anybody's misplaced sense of injustice allows him

withdraw that plea.

That's the law.

The law also allows me to throw your ass in a cell for contempt.

I don't mean to show your honor disrespect, but I will remind your

that district attorneys are officers of the court who must conduct themselves in

accordance with established law.

Mr. Lowe and I did that, and we don't need to be brought into chambers to be

told how we sicken you.

Say it out there, or you'll be held accountable.

I am saying it here.

And if I had a choice, I would set aside this plea.

But... Your Honor, please. I cannot throw out a knowing and voluntary plea

guilty on these facts.

You negotiated what you thought was a good deal.

You could have advised your client to continue with the trial, challenge the

evidence. You didn't.

The law doesn't allow you to benefit from regret.

It is my regret as well.

I am very...

Sorry.

Defendant's motion is denied.

Lindsay. I respect that it's an adversary process.

But I didn't come to you as an adversary. I dropped my sword and asked

favor, and you played it like a favor.

That isn't gamesmanship, Alan.

It was dishonest. You know it. I know it.

I gather you can live with it.

There's an innocent kid in prison who may know it.

I'm gone.

Can you lock up?

Sure.

Can I ask you something, Jimmy?

Did he do it?

Oh, come on.

Privilege extends to me.

Throw me a bone.

Says he didn't.

Right.

Earth to Jimmy.

Are you okay?

Yeah.

I'll lock up.

Good night.

Night.

They're coming to take you to Concord.

It's a high -security prison.

Tonight?

Yeah.

Everybody convicted of a violent crime goes there first.

I'm going to petition the Department of Corrections to move you as soon as

possible.

Oh.

I'm also going to ask them to designate you a vulnerable inmate.

Okay.

It may take a while.

In the meantime, I've requested that they keep you in solitary.

I can't guarantee they'll do it.

I'll get another lawyer to handle your appeal.

A specialist, the best I can find.

I'll ask him to argue that I was ineffective, that you had inadequate

representation.

It's a long shot, but worth a try. We can't give up.

Just stay alive in there.

Give me time.

I'll do whatever it takes to fix you.

The appellate process takes time, but I trust you.