Original subtitles

I don't understand.

You've got all the evidence.

He knows he killed her. What defense could he have?

Honestly, I don't know.

I thought insanity, but I guess they can't find a shrink willing to testify.

I prayed he'd plead guilty, so this would be over.

Well, we don't start for another hour. We can still offer him a deal.

What kind of deal?

Murder, too.

And that's a gift.

That's still life, man. With the possibility of parole.

No, no.

Daryl, you have no defense.

Your semen was found in the victim. I made love with her earlier. Your prints

are on the murder weapon.

A witness saw you run out of her apartment at the time she was murdered.

witness got it wrong, Mr. Young.

It's as simple as that. Well, she seems pretty sure.

She got it wrong.

A friend of mine in this trial called this doctor witness.

He talked about how some white people can't tell black people apart, some

disease or something like that.

That witness has got that disease is all.

We got to call this doctor.

I don't think race is an issue here, Darryl.

You don't understand, Mr. Young.

I'm instructing you to make it an issue.

What do you mean you want out?

Just what I'm saying, Your Honor. The trial is set to start in 40 minutes. My

client and I have insurmountable differences, which would have... Such

That's privileged.

Let's just say it's about strategy and ethics.

Eugene, every lawyer seems to have insurmountable differences with the

-appointed cases.

I'm telling you, this one is real.

You know me well enough to know that if I say it, it is real.

I'm not letting you out for a strategy difference. Forget it.

Your Honor, I'm asking a favor here.

I can't let you out.

Not now.

When did they take him in?

Three weeks ago. And they wouldn't tell you anything?

The only thing I know is that the FBI has him somewhere.

I hired a lawyer. He got nowhere.

I hate coming to a patient, but I... No problem.

Your husband's first name? Bill.

Bill Ford. And his middle initial?

Habib.

I'm sorry?

Ford is my maiden name. My husband's last name is Habib.

All I'm saying, I just think if the FBI picked him up, they must have had a good

reason. This woman is my doctor, Jimmy. Her husband's been in this country for

30 years.

Why'd they grab him? Just because he's Arab?

He's Arab -American, and we don't know why they grabbed him. They're not

us. Well, like I said, last time I checked, the police don't arrest people

no reason.

When is the last time you checked?

Linda McLaughlin was the first person in her family to go to college.

These are her parents.

The evidence will show that on November 19th of last year, their daughter Linda

walked out of the campus grocery store and was accosted by the defendant,

Daryl Johnson, a homeless man who panhandles in the area.

Daryl followed Linda home, raped her, then beat her to death.

After we prove it...

I will ask you to find Daryl Johnson guilty of murder in the first degree.

Mr. Young?

Mr. Young?

The evidence will not establish that Daryl Johnson committed this crime.

The evidence will establish that the police arrested him simply because he

the profile in their minds of the type of person who would commit this

particular crime.

I'm Special Agent Charles Renford. Sorry for the delay. Oh, no problem. I assume

you guys are pretty busy right now. What can I do for you? I've been trying to

talk to these two agents about Bill Habib, and I... Well, these agents got

pulled onto details overseas. They are not available.

Okay.

Can you tell me anything?

I'm sorry, I can't.

Is that because you don't know or because you won't say?

Agent Renford, I am formally requesting you let me see my client.

I'm afraid you can't.

What do you mean? I'm his lawyer.

You can't see him, Miss Washington. That's all I can say.

First, find out where he's being held. Call the Bureau of Prisons.

I did.

Along with the State Board of Corrections, Suffolk County Jail,

Nobody knows a thing. Call the INS. They can hold someone indefinitely, even if

there's a hint of an immigration problem. He's a U .S. citizen.

He has been for 20 years.

I'd still check it out. You don't know what they can do now.

What about his first lawyer?

He won't talk to me. Says he's been ordered not to.

Ordered? By who? I have no idea.

Okay.

If the feds took him, you gotta assume they still got him.

File a federal habeas, make them produce his body at least.

The girl had just walked out of the market when he walked up to her. This

Yes.

Mr. Banks, have you ever seen the defendant before?

He's a street guy.

Carries your bags for change.

Sometimes he can get aggressive.

Objection. Sustained. The jury will disregard.

Just tell us what you saw that day.

He tried to carry her shopping bags.

And she was like, whoa, I got it.

They kind of argued over the bags for a minute, and then she walked away.

What did the defendant do then?

He stood there, pissed.

Then he started to follow her.

Did you hear anything they said?

No. And when you say they argued... Well, it looked like they argued. About

bags. Could they have been talking about something else?

I don't know. I guess.

You guess.

So it's possible then they were talking about something else.

Yes. And, Mr. Banks, you never thought Miss McLaughlin was in danger, did you,

sir? In danger?

Well, yes. You saw her with my client.

You didn't think she needed help or that you should call the police, did you?

No.

Thank you, sir.

That's it?

Darryl, if you're unhappy with my work, you can tell the judge and get a new

lawyer.

You're the right lawyer for this, Mr. Young.

I'm sure about that.

Agent Renford, I didn't expect to see you. Theodore McNally, assistant U .S.

attorney. Thanks for coming down.

Let me give you this back.

My habeas.

It isn't filed?

Clerk's office caught it. You can't file it.

What do you mean I can't file it? This involves classified material, top secret

or higher. It can't be... I'm just asking to see my client.

Now, when do I get to see my client?

After you get a national security clearance.

Renford will expedite it.

I'll need your home address, social security number, names of family

and how you know Mr. Habib. I haven't even met him yet. Hold on.

I need to warn you. Anything you say can and will be used against you and your

client. Used against me? What are you talking about? This case involves

security. You want to defend Habib? You need a clearance.

To get it, you've got to go through us, answer our questions. If you lie to us,

it's perjury, plus everything we tell you.

is privileged if you divulge any of it to anyone you'll be prosecuted and what

if i don't want a security clearance what if i object it's a violation of my

right then mr habib gets no lawyer

i

need security clearance to see my own client who i never met i don't know why

was arrested rebecca these are different times Thank you, Lucy.

So what happens next?

Assuming I get the clearance, I'm hoping to meet the client tomorrow.

I haven't found him yet.

So we're off to federal court.

I'm hoping to persuade a judge to order the government to at least tell us where

he is.

Okay?

Sarah?

Is it possible your husband is involved in something?

No, Rebecca, that's not possible.

I'm sorry.

As your lawyer, I had to ask you that question.

Right. We wouldn't want you committing malpractice.

Numerous skull fractures, massive and fatal head trauma.

What caused these injuries, Detective?

A table lamp was found near the body, covered with blood and portions of her

scalp. It was determined to be the murder weapon.

Were any fingerprints on the lamp?

The defendant's fingerprints were found on both the lamp and the victim.

Detective, what other evidence did you find?

A rape examination revealed the presence of semen.

We did a DNA test.

It matched the defendant.

Thank you.

Mr. Young?

Did you find bruising?

We found bludgeoning.

That wasn't my question.

Did you find bruising in the vaginal area?

We didn't find that.

How about tearing?

No. Did you find defensive wounds on the victim's hands or arms, skin under her

fingernails? No.

Detective, can you rule out the possibility of consensual sex here?

Objection. Overruled. Doesn't sound like she was fighting, does it?

This could have been consensual.

Sidebar, Your Honor.

Quickly.

There is no good faith basis for the suggestion of consensual sex here, and

knows it. My client says it's consensual.

That's it.

That's all he needs.

Your Honor, it's bad enough the parents have to sit here and listen to the

details. You can advise the parents to leave the room, Helen. In fact, why

you? This is your defense?

That the sex was consensual? This is his defense, Your Honor, and you can take

me off whenever you please.

Assuming that Mr. Young does in fact have a good faith basis for the

I'll allow it. Your Honor. He's entitled to put on a defense, Counsel.

But tread lightly, Eugene.

Now step back.

Detective.

Is it possible the sex here was consensual, yes or no?

I suppose it's possible, but there's... Thank you, sir.

That's all.

Sorry, ma 'am, no bags inside.

Can I get a piece of paper? No, ma 'am, no writing materials.

Sorry, ma 'am.

What's wrong?

Closed courtroom, only the lawyers.

This is the man's wife. Orders of the court, ma 'am. No visitors.

Okay, I'm sorry.

I understand.

Go ahead, Rebecca. Just please tell Bill I'm out here.

I heard the screaming and I knew something wasn't right.

So I opened my apartment door and looked out and, uh...

There he was.

This man right here? Yes.

He was dressed ratty, like a bum, and he didn't smell too good either.

Did he say anything?

No, but as soon as he saw I was looking at him, he ran for the stairs.

You're absolutely sure this is the man you saw leave Miss McLaughlin's

apartment? Positive. Right after you heard screaming?

That's right.

Did you know the victim, Mrs. Lutkin?

Not personally, but I'd seen her.

Ever talked to her?

Not really.

So you don't know her voice?

No. Wouldn't recognize her scream?

Oh, no, but I'm assuming it must have been her. The scream came at the time

was killed.

You're assuming.

Do you know many black people?

Objection! Have any black friends?

Mr. Young, what are you doing? Laying a foundation, Your Honor. A foundation for

what? If I could be allowed to proceed, I'll get there.

Do you recall the question?

About black people?

I don't really know any that well.

But you know for sure it was my client, even though you saw him for just a

moment from down the hall.

Well, I don't know for sure. It could have been somebody else who looked

like him, I suppose.

Thank you, ma 'am.

Nothing further.

The witness may step down.

Ms. Gamble?

The Commonwealth, we're out.

Mr. Young.

The defense calls Dr.

Donald Seidman. Oh, you gotta be kidding. Look, if I can't put on the

why don't we just lynch him? Mr. Young is trying to make this about race. Move

to strike.

Counsel, get up here.

I will hold both of you in contempt if there's another such outburst.

Who is Dr.

Seidman? He testifies white people can't tell one black man from another.

Sorry? He's an expert on cross -racial impairment of eyewitnesses. This has

rejected by other courts, plus Mr. Young gave no notice. I didn't know race

would be an issue. You are the one making race an issue. If I can't call

witness, I'll take you up, emergency appeal, and I want a mistrial.

You may call Dr. Seidman. You're letting him run your court.

I run my court, Ms. Gamble.

If Dr. Simon is a buffoon, I will instruct the jury to disregard.

He's been kept from his family for three weeks, and we don't know what he's been

charged with. He hasn't been charged with anything.

Then how and why are you holding him? He's being held as a material witness.

To what?

That information I can't reveal.

How do I represent him if I can't be told why he's being held?

This case involves information obtained through the Foreign Intelligence

Surveillance Act. Mr. McNally, I appreciate your concern for national

but I'm going to do my part to safeguard what is left of our Constitution.

Get Mr.

Habib into this courtroom.

Let him see his lawyer and his wife, and we are going to make sure that he gets

at least some kind of hearing.

Your Honor, I don't think you have the authority to... Counsel!

These are strange times, and nobody is quite sure who has what authority.

I grant you. But you don't want to be testing mine.

If I don't see Mr. Habibi in this room with his lawyer and his wife, you are

going to be held in contempt.

Many eyewitnesses have a hard time correctly identifying suspects who are

another race.

We call that cross -racial impairment.

Is it common?

Very. How do you know?

From my work as a clinical psychologist, from my review of over 50 years of

empirical studies on the subject.

Are certain people more likely to suffer from this impairment?

People unfamiliar with members of the race in question.

They don't see black people very often. Suddenly they have to identify one.

They're more likely to pick the wrong one.

Thank you, Doctor.

Blacks all look alike.

Is that your scientific opinion?

Objection. Sustained.

Doctor, did you talk to Mrs. Szilagint about her identification of the

defendant?

No. Are you aware that there's no agreement in the scientific community

cross -racial impairment even exists?

Cross -racial impairment is real.

When studies confirm what life has already taught us, to me, that's the

proof you can get.

He's trying to hang the jury.

Should I call my own experts?

I'm afraid the more I attack his defense, the more credible I make it

Well, if you do nothing, it looks like you're conceding.

He's made it about race because he's got nothing else.

What he does have are four black jurors. Oh, please.

And he's black.

Race isn't the issue, but it probably won't be.

But we can't be so naive as to rule out the possibility.

Got a second?

Look, you know it's an appointment, so... Oh, come on.

Spare me the just -doing -my -job crap. Good lawyers manage without going

racial. My client instructed me to put on a defense.

That defense? As a matter of fact, yes.

If you're here to wiggle off the moral hook... That's not why I'm here.

He's going to testify.

You'll be suborning perjury. Only if I know he's lying, which I don't.

He says he's innocent, Helen.

I think we should plead this. Or, in the alternative, you should tell the

parents not to be there. It won't be easy to hear.

Is that a threat?

It would be unethical for me to make a threat.

Wouldn't it, Helen?

I won't be blackmailed into a plea deal.

You done?

Done.

For your own emotional welfare, I'd say stay out of the room, but... But what?

Well, strictly for the case, obviously it's better if you're in there.

You look more like a monster saying the things he'll probably say with the

parents present.

What, you're going to attack my daughter? Is that how it works?

Yes, it works that way sometimes.

We'll be there.

Are you sure? Yeah, we'll be there. Okay, but you have to stay under

Fine.

Okay,

he's coming in.

Dr. Ford, I'm going to ask you not to speak to him or hand him any items.

Can they have some privacy?

No, Dr. Ford is not a suspect.

If she talks at all, and it appears like she's trying to pass coded information,

she might become one. She's here to observe. Now, that's DOJ rules.

You have two children to care for.

Don't say anything.

Understand?

Why don't we all sit down?

Mr. Habib, I'm Rebecca Washington.

I'm your lawyer.

We're about to have a hearing.

I didn't ask for either a hearing or a lawyer.

Your wife hired me.

She should not have.

Is my... Is my wife... My sons, are they all right? Have they been harmed?

Bill, we're fine.

Would you tell them we're fine, please?

Do you have any idea why you're here?

Miss... Washington.

Help my wife understand.

I did what I did because it was right.

What the hell are you talking about?

Tell the judge I'm ready to proceed.

I'd see her in the park by campus, you know, just jogging.

I'd wave.

One time she stopped and we just talked a little.

Tell us about your relationship.

We'd meet late at night when nobody was around.

When it got colder, that's when she started inviting me over to her place.

And what would you do there?

We'd talk, watch television.

After a while, we started having sex.

She said she always wanted to be with a black man.

So... You know?

Turning your attention to November 19th, the day Miss McLaughlin was killed, did

you see her that day?

Yes.

Outside the market. I offered to carry her bags like I had done before, but she

said she couldn't see me anymore.

Did she say why?

No. So I followed her, just trying to talk.

When we got to her apartment, she said she was seeing another guy.

I begged her not to break us up.

We argued for a little bit.

And she said that she loved me.

Did you make love to her that day, sir?

Yes.

Afterwards, she said she was going to break up with that other guy that night,

that he was supposed to be coming over that night.

When I left, she was alive.

Thank you, sir.

Do you know if anyone ever saw you two at the park the day you met?

I don't know.

Do you know if anyone ever saw you at the apartment?

No, I always came over there late at night.

Anyone know anything about the relationship?

No, she liked to keep it secret.

So nobody can verify a single part of your story?

I guess because of our different social places or whatever you want to call it.

You know, she just liked to keep it between us.

Mr. Johnson?

This is your booking photo.

This is what you looked like the day after Linda McLaughlin was killed. Is

correct? Objection. Relevance.

Overruled. I was upset when that picture was taken. You were homeless, filthy,

off your meds, yet you expect us to... I'm not crazy. You expect the jury to

believe the victim fell in love with this.

Voluntarily had sex with this.

willingly invited this into her apartment, her life, her bed.

Objection. Sustained.

Linda was a beautiful person.

She loved all kinds of people.

She didn't care what they looked like.

You need to call that Collins

girl. I don't know. It could end up backfiring on us with some of the

You can't afford to be that sensitive, Helen.

We try and be PC here, we lose.

Collins refutes what Johnson just testified to.

She's all we have to refute it.

Part of our strategy is presenting sympathetic parents. Well, it can't be

that now.

It's about showing there was never a relationship between Johnson and the

victim. Period.

You know Eugene's ready for her.

We have no choice. We need that witness.

Call her.

Do you know why you're in custody?

The government believes I may have information about someone I think. I

really know.

He didn't do anything, but he may have known some people with ties to others

are wanted for questioning.

What information? What do they think you know? Objection.

Sustained. You can't know that, Ms. Washington.

You haven't talked to your family in weeks. Why did they keep you from

to your family?

They didn't. I chose not to call my family.

Why? I was told anyone I spoke with would be subject to investigation. I do

want to bring my family into this.

My wife and children were born here. They have no connection to any Arab

than me.

Have you been interviewed?

Many times.

Did you know you had the right to have an attorney present?

I waived my rights.

You waived them?

Voluntarily? I talked to them on my own. They didn't force me, not in any way.

Did they make you afraid?

Am I fearful?

I guess I would say yes, but I have made all my decisions voluntarily.

You voluntarily refused to speak to your family? I explained that. I didn't want

to involve them.

Calling your wife to say you're okay?

That would involve her?

I couldn't be sure it wouldn't.

Mr. McNally, if Mr. Habib is not a suspect and he's cooperating, why can't

home? We're learning new information all the time.

From wiretaps, overseas contacts. He may know more than even he realizes.

But he'll stay available to you. He's not going anywhere.

He volunteered to help. We can't risk losing him. Look.

We are trying to get the information we need to stop the potential murder of

thousands of Americans. That means depriving some Americans of their civil

rights. I don't like it, but that's how it is. You are imprisoning an innocent

man. Ms. Washington, enough.

If my country thinks I should be here, I will stay here.

Your country? Yes. I am an American.

I am serving my country.

Mr. Habib, have you been tortured?

No. Have you been mistreated physically in any way?

No. And you do not oppose being held further?

I do not. Your Honor, please wait. Ms. Washington, I'm sorry.

In war, law is silent.

Habeas motion is denied. Mr. Habib shall remain in custody.

There is no way Linda McLaughlin was dating that man.

You know that. We were real close.

If she was dating someone, I'd know.

Well, to your knowledge, was she dating anyone?

Objection. Speculation. Goes to rebuttal. We can refute the existence of

relationship.

Proceed.

She wasn't dating him.

I'm sure.

How do you know?

We talked about it.

About interracial relationships on occasion.

She said... She said she wouldn't date African Americans.

Ever. Those were her exact words?

Yes. Among other things, she said her parents would have a big problem with

particularly her dad.

Thank you, McCollins.

You didn't live with her, did you?

No. So it's possible she was seeing him without you knowing?

No, that's not possible.

How can you know that?

Because of what she said.

That her parents would have a problem with her dating a black man.

Yeah. Especially her father. Yeah. Her father's a racist, isn't he? Objection.

Goes to bias.

What bias?

The victim concealed her relationship with my client because she feared her

father, who hates black people.

Objection. I'm warning you both for the last time. Mr. Young, move on.

Ms. Collins, when you and Linda McLaughlin spoke of interracial

What was your position on the matter?

I was against them, too.

So, Linda, knowing this, maybe she didn't want you to find out about her

Daryl either.

Objection. Speculation.

Overruled. Maybe because she knew you were a bigot, Miss Collins. Linda just

said she didn't want to date a black man.

Objection. That is more than enough, Mr. Young. The witness may step down.

I assume the parties rest.

We have a rebuttal, witness.

And who is that?

Joe McLaughlin, the victim's father.

Objection. I have legitimate reasons to call him. Name one.

The DA's old witness just said the daughter had a motive to hide her

relationship from her father. I'm allowed to pursue that. I would ask the

for time to consult with Mr. McLaughlin. You can't have that right. He's my

witness. Enough.

Mr. McLaughlin, after lunch, you will take the stand.

You swear to tell the truth, the whole truth, and nothing but the truth, so

you God?

I do.

Be seated.

Mr. McLaughlin, did you pressure your daughter not to date black men?

I ask you a question, sir.

My daughter was killed by that man sitting right there. Move to strike non

-responsive. Instruct the witness to answer the question.

Sustained. The jury will disregard.

Please answer the question, Mr. McLaughlin.

I never pressured my daughter not to date black men.

Well, was she mistaken or did she lie?

When she told Betsy Collins that you would have trouble with her having an

interracial relationship like the one she had with my client.

Objection. There was no relationship with your client. Was she afraid to tell

you about it?

Objection. I'm not a racist, Mr. Young. But you were against interracial

relationships.

Like any father, I wanted my daughter to have a good life.

I was really worried about interracial relationships because they were subject

to bigotry.

Hatred. For the couple.

I mean, for the kids.

I see.

So to protect her from bigots, you decided to become one.

Objection. Withdrawn. She knew you'd disapprove if she did date a black man,

didn't she, Mr. McLaughlin? She never dated that man.

Because if she did, she would have told you all about it, right?

Knowing how open -minded you can be.

If he's black, it had to be rape.

Right, Mr. McLaughlin?

Objection. Sustained.

He agreed to be held. For what?

He didn't do anything.

Are they torturing witnesses now, Rebecca?

I cannot believe that.

I mean, I've read it in the papers. Maybe the CIA is doing that now. You ask

question yourself.

Doctor, you know your husband, his personality, his demeanor. Did he seem

maybe he'd been tortured?

He seemed... He seemed what?

Intent.

on proving his loyalty to America.

Desperate to prove it.

Closing arguments are not evidence.

Nothing the lawyers say is evidence.

Your verdict must be based solely on evidence.

They had an affair.

The prosecution refuses to believe it. Why?

The man in the parking lot sees a black man with a white woman and assumes he's

hassling her.

The woman in the hallway can't tell one black man from another, so the

prosecution would have you believe that the only relationship that could be

between a black man and white woman is killer and victim.

The defendant was seen arguing with her in the parking lot.

A witness watched him follow her home, angry.

He was seen coming out of Linda's apartment.

His prints were on the murder weapon. His semen was found in the victim.

Neither the race of the defendant nor the victim should have any bearing on

verdict.

It is irrelevant and must not be considered by you in any way. Linda

had a motive to deny her relationship with my client.

She feared her father.

Her father doesn't like black people. There's no evidence to suggest someone

else killed her.

No one else's prints were found anywhere in the apartment.

The evidence points only to the defendant.

Of course, his prints were on the land. He would visit her. He slept with her.

They only looked for one defendant.

Daryl Johnson is on trial, ladies and gentlemen, simply because he's black.

All we ask is... Honor your

oath.

What's happening?

Nothing. He's in custody. He's instructed me not to challenge it, and

staying in custody.

For how long? I don't know.

The case is over.

I'm working on the Neely interrogatories now, anyway.

Okay. You all right?

We're back.

We're back to... Interning people.

Sticking them in prison because of where they were born.

It happened in World War II with the Japanese -Americans, and it's back.

I mean, the government will apologize for it later, but then it'll be too

Innocent people are having their lives ruined now.

Mr. Habib, he thinks being a good American is giving up your rights, not

fighting for them.

Most people know that Arab Americans are Americans, Rebecca, and that there are

neighbors.

But everyone's afraid.

Yeah.

Let the record reflect that the parties are present and that the jury has

returned. The defendant will please rise.

Mr. Foreman, after the charge of murder in the first degree, I'll say you.

Your Honor, the jury has a statement.

You have a what? We were told it was our civic duty to serve on a jury.

Because the Constitution guarantees every defendant the absolute right to be

judged by a jury of his peers. This is not a forum for public... We were told

that the American system, for all its flaws, is the best system in the world

because of the concept of the citizen jury.

Move for immediate reading of the verdict. But what we found... Sir!

You have one more chance before you risk a finding of contempt.

Have you all agreed on a verdict?

What we've agreed on is that this has been about the most appalling spectacle

we have ever seen.

The only thing that should matter in here is, did the defendant or did he not

commit the crime?

Nobody here cares. Not her, not him.

And not you.

Nothing that's gone on here has been about giving the jurors the information

they need.

To make the right decision.

A girl is dead. A man's freedom is at risk. If he killed her, his liberty

be forfeited.

And we're supposed to decide.

Based on what, exactly?

We want justice for the victim.

But we can't provide it.

Are you saying you cannot reach a unanimous verdict?

No, Your Honor.

What we're saying is we refuse to try.

We have not reached a verdict. We will not reach a verdict.

If you want to hold this in contempt, there's a certain justice in that

contempt is what we feel.

You are in contempt.

Security, would you please take the jury into custody?

I declare there's a mistrial.

Ms. Gamble, you may ask for a date to begin the retrial.

We're adjourned.

The judge allowed me to withdraw.

So for the next trial, you have my best wishes.

Thank you.

Well, they certainly reached a verdict on us anyway.

Yep.

Got a little ugly, but I don't think we were that out of line.

It's a trial. What do they expect?

I don't know.

You know jurors.

We can't beat ourselves up over this, Eugene.

Nope.

Heads high.

Heads high.