Original subtitles

I'm not sure how I'll react on the witness stand.

Patricia, I know you can do it.

Mr. McIntyre wouldn't.

He was like an uncle to me.

This man killed your father.

I don't want to sound flip, but that isn't much of an uncle.

But you said that he was linked to organized crime.

You said that he's killed before.

And I've tried convicting him once before.

So I'm taking a real personal interest in this case.

But you have to remember, the judge ruled McIntyre's priors inadmissible.

The jury can't hear about his record.

Look, there's something else we should discuss.

One of our witnesses, the better of the two, just left town.

Her mother's in critical condition after a car accident in Florida.

Meaning? Well, if we're unable to get her back in time, we'll be depending

more on your testimony.

as well as the testimony of the other witness, Charles Rossi.

Mr. Rossi. Charlie's good enough.

Bobby Donald.

Appreciate you coming in.

Please, sit down.

It's been a long day.

I'll get straight to it.

We've been trying to get a hold of you for over two months.

Suddenly you call out of the blue and ask to see us right away.

What's going on?

I... Never been asked to be a witness in a trial, so I didn't know what to do.

But the guy I fingered for the murder, he didn't do it.

What do you mean, didn't do it? He's not the guy.

Look, I originally picked him out of a bunch of photographs, and I was wrong.

Then how did you come to realize this? Today's newspaper.

I saw McIntyre's picture. The guy that night, he looked different.

Did you tell the district attorney?

No.

I wasn't sure where to go.

You are the ones representing McIntyre, right?

Mr. Rossi, Charlie, you testified before the grand jury that you saw our client

leaving the scene of the crime.

Now you're telling me that you were mistaken.

What does it say you won't change your testimony tomorrow when you take the

stand?

Mr. Donald, this guy, McIntyre, didn't kill anyone here.

And I don't think someone should go to jail for something they didn't do.

What do you think?

I think we don't look a gift horse in the mouth.

How about getting a statement? Not on our client's life.

We'd be obligated to tell the DA.

This is Michael McIntyre's lucky day.

We have been over this.

I want to take the stand.

You do that and your record could come in. I don't care. You should care.

You were tried once for killing your former business partner, and now you're

trial for killing your current business partner.

Even though you were acquitted, there's a chance the judge would let the

prosecution ask about it. Jimmy's right. We do not want to open the door on

prior bad acts or pattern evidence.

Look, there is good news.

One of their witnesses, a man named Charles Rossi, came to our office last

and told us he misidentified you.

Thank God.

Don't get too excited. The prosecution still has another witness.

Well, didn't they just lose half their case?

Michael, we need to ask.

Any idea why this witness is backing off his ID?

You think I threatened him?

I'm sitting in prison. As officers of the court, we can't get involved in any

kind of conspiracy to threaten a witness.

Look, I hung with the wrong kind.

I made some big mistakes.

But I haven't been connected to any of that in years.

Then why would he come to us instead of the DA?

How do I know? I don't know.

For the last time, I didn't threaten anyone.

Okay. No, it's not okay.

I need to know that you're going to be there fighting for me.

Michael, you hired us to do a job.

We'll do that job.

I just want to make sure that you're comfortable with me.

Philly, what happened?

I was walking past this jewelry store.

I saw the most beautiful watch.

I couldn't help myself.

You've never done anything like this.

You scalp tickets. You run poker games. I know, I know, but the watch. I mean,

it was a Breitling Chrono.

Shiny gold plate, three dials. The whole deal goes for too large.

And you thought you'd just waltz out of the store with it? They had salesman. He

was busy with another customer. I thought I could outrun him.

And what's with the written statement?

The cops caught me half a block away with the watch in my pocket.

Philly,

this just doesn't make sense. You're not a thief. I know you. I got desperate. I

needed the money bad.

So I did something stupid.

Grand larceny. Pretty stupid.

You may not get out of this without some time.

How much time?

If we go to trial, more than if we plead. But I don't mean just a couple of

months at a corrections house.

We could be talking years at Walpole.

And at your age and your condition...

I'll do all right. You don't worry about me.

Philly, are you okay?

You don't look well.

I'm just... I'm just scared, that's all.

Don't worry. I'll get to work on that.

As you can see, I'm a little buried at the moment. Just two minutes.

Philly said low grand larceny.

Right. Um, we need to talk. Good, because there's no point going to trial.

Philly's an older guy. He's harmless. All his priors are misdemeanors. Take a

scalping. Hold on.

Um, the watch your client lifted?

We lost it.

You lost it? Somewhere between booking and the evidence room, it disappeared.

You know, quite frankly, I would like to tip the wrists of every cop in Boston.

Then you got no case.

Don't tell me a jury will convict me. Wait.

Lindsay, your guy confessed.

And I'll argue that he was suffering from early dementia and didn't know what

was confessing to.

Jean, come on.

You've lost the evidence, and you obviously have bigger fish to fry.

Please?

Favor bank?

I'll owe you. I'm serious.

All right.

I pleaded to petty larceny. Time served.

He walks now?

Yeah. But you do owe me.

I'm serious.

I was leaving the school around eight. I'm a custodian at John Adams.

I was walking down Holden on my way to the bus when I saw this guy coming out

the house.

Did you get a good look at him?

Yeah, I did.

Do you see the man here in the courtroom?

No.

Mr. Rossi, is the man you identified for the police and the district attorney

present today in this courtroom?

The guy I identified is sitting right over there.

But what I'm trying to tell you is that's not who I saw running that night.

Mr. Rossi, did you or did you not testify in front of the grand jury one

after Mr.

Hayden's murder?

I did. While in front of the grand jury, were these your truthful responses?

Question. Is this the man you saw running from Mr. Hayden's house?

Answer. Yes.

Question. Are you sure?

Answer. 100 % sure.

Now, Mr. Rossi, were those your responses?

Yes. Do you remember sitting in my office two days ago discussing this

Listen, I saw Mr.

McIntyre's photo in the newspaper yesterday morning and...

He just isn't who I saw that night. That night, you were five feet from the

suspect on a well -lit street. Now, you are changing your mind after seeing a

black -and -white newspaper photo.

Yes. Did you discuss with anyone your appearance here today?

I talked to my sister and Mr. Donnell and Mr. Berluti.

You told defense counsel, but not the prosecution.

Their names were in the paper along with McIntyre. I thought they should know.

Mr. Rothy, were you paid to change your testimony today?

No. Were you threatened into doing so?

No. Why don't you understand? You people got the wrong guy.

And I'm just trying to do the right thing.

Your Honor, I have nothing further for this witness. People reserve the right

recall. Very well, then. We'll reconvene in the morning.

What the hell was that? How do I know? Two days ago, the guy was completely on

board, but now he's either confused or scared. He was reached by McIntyre, damn

it, and you couldn't pull him back.

Yesterday, we had two witnesses who could make McIntyre.

Today, one's pissed back on us, and the other one's in Florida, for God's sake.

I want you to get a material witness warrant and have the Florida sheriff

that woman up now. I've already threatened her with that. She says if we

through, she won't talk at all.

How bad is her mother? Day to day. Who knows?

Listen, I know you've never fully recovered from the earlier case when

McIntyre... Where's Rossi now?

We've still got him. He's outside.

Get him in here.

They lost the watch?

Somebody at the police station must have cuffed it. Then what? I'm looking at a

couple of months.

Philly, they pled it down to a misdemeanor.

You don't have to serve any time.

But I copped to it, I confess.

You're not understanding me.

Once the plea's entered, the case is over.

I was just... This threw me for a loop, is all.

I mean, here I was, I was thinking, Walpole, and you, you gave me a second

I appreciate you getting me kicked.

You dodged a bullet.

Stay away from this kind of thing, okay?

Yeah, yeah.

What are you talking about?

Why would I need a lawyer?

Perjury carries a maximum sentence of 20 years, Mr. Rossi. What perjury?

I made a mistake, that's all.

We don't think so.

Are you going to arrest me? Because if you're not, I'm leaving.

Sit down.

I don't have to stay if you're not going to... Sit down and shut up.

You think you're smarter than me.

The prisons are full of guys who thought they were smarter than me.

I'm the chief prosecutor for the DA, and that means I have the authority to do

whatever I want.

You just screwed me over in this case, and if McIntyre walks because of it, I'm

going to take that very personally.

And here's what'll happen.

First, I'll open a grand jury investigation, and I'll subpoena

hates your guts.

And when I'm through with them...

you will be indicted for perjury and obstruction of justice.

Then I'm going to convict your ass and personally recommend the maximum

be doubled.

And off you'll go to the toughest prison in the state where I'll see to it that

you're thrown into the general population for the length of your term.

Whatever weight you're feeling from the other side, it's nothing compared to the

load I'm going to bring.

Mr. Rothy.

Okay.

Well... Let me think about it.

You have seven hours.

If you need protection, we'll give it to you.

And I'm sure you'll do, uh... How did you put it?

The right thing?

Yeah.

Can I go now?

Sure.

Hope this works.

It better.

How you doing?

I'm missing a three -hour lecture on Chaucer.

Why, the Bastille is the best.

It's the bawdiest one.

You're gonna do great up there.

I know it didn't go well yesterday, but I'm ready to testify, Ms. Gamble. I am

really ready.

I know.

Mr. McIntyre was my dad's business partner.

They owned three body shops together for almost five years.

How would you characterize their relationship?

It started off fine, but just before my dad was killed... He told me that...

Objection here today.

Sustained.

Patricia, did you ever overhear the defendant threaten your father?

Yes.

Two days before he was killed.

I came home early from school.

I went into the kitchen through the back door.

My father and Mr. McIntyre were in the next room arguing.

Was it a violent fight?

Yes. There was a lot of screaming.

I didn't hear everything, but...

My father was accusing Mr.

McIntyre of stealing money and doctoring the books.

He said he was going to sue.

What did the defendant say?

He was really mad.

He told my dad that he could go ahead and sue, but that he wouldn't live to

it through.

That he'd kill him first.

Miss Hayden, tell us what happened the night your father was killed.

I came home late.

I went inside and found my father lying on the kitchen floor.

There was blood everywhere.

And he was, he was gulping for air, trying to breathe.

By the time the EMTs arrived, it was too late.

You say your father thought my client was stealing from his business.

Did he go to the police?

My father always gave people the benefit of the doubt.

He had no proof.

Mr. McIntyre was stealing.

So it's possible there was no theft on my client's part.

I only know what I heard that night.

When you say Mr. McIntyre threatened your father's life, you believed that

serious threat, didn't you?

Yes. Why didn't you report this serious threat to the police?

My father said he wasn't afraid.

In fact, you only reported this argument weeks after your father died.

At first, the police told me my father was the victim of an intruder.

But I didn't believe it. Why not?

Your house has been burglarized twice in the last three years, isn't that

correct? Yes, but... And six weeks before your father died, you called the

police to report someone looking in your window, isn't that correct?

My father wasn't... The police felt your father was killed confronting a burglar

until you convinced them otherwise.

It wasn't a burglar.

Ms. Hayden, I feel for your loss, but isn't it possible that you're wrong

about my client?

No. There is no direct evidence linking Mr. McIntyre to your father's death.

One witness even recanted, admitting he made a mistake.

Isn't it possible you made one too?

Philly.

I got you. I'm going to begin.

I'm really busy.

I held up a millennium store.

Lucy, will you get the Vornbergs some coffee and maybe something to eat?

That'll go over big. You're 40 minutes late starting.

Just stall.

Lily, what's going on?

What's with you? I told you, I need money. I'm desperate. That wasn't just

away.

You held up a store.

Did anyone get hurt?

No.

I should go to the federal pen for this, right? No, this is a state crime.

What's the difference?

To get sent to federal prison, you have to commit a federal crime, robbing a

bank. Look, forget that.

But how much time am I looking at?

Did you use a gun?

It depends.

What? Yeah, okay, I used a gun.

When did you do this, last night?

Well, did they make a difference?

Philly, you're not making any sense.

Lindsay, please, just help me out here.

Look, if you're in trouble or you need money, maybe I can help. But only if you

tell me what's really going on.

I'm losing the vormer. Should I move on to card trick or balloon animal? I'll be

right there.

I need to think about this.

Wait, where are you going? I've got a call.

Philly.

I had a uniformed officer waiting at his place all day, but he never showed.

Then we got this call.

Shot once in the neck.

Probably bled out in only a few minutes.

Witnesses? They were Camerson, but a neighborhood like this, nobody sees

anything. Any leads at all?

His wallet, miss.

Thanks.

McIntyre did this, Helen.

I should have convicted the bastard 12 years ago. He wouldn't still be running

around killing people.

Tomorrow I'll talk to the judge.

I'll be with you.

Not a good idea. You and Wilcox have a history. I don't need you bringing

baggage in there.

What I'll bring is the full weight of this office.

The judge has to respect that. I can handle it. I don't need your help. I'll

with you, Helen.

End of story.

Isn't that too bad?

Do you know anything about this?

Of course not.

You're not too broken up about it. What? I'm supposed to feel bad?

This is the guy that caused me all my trouble.

So what now?

We're thinking this might be the time to reopen plea negotiations.

Why?

Aren't my chances better now than they were before?

Yes. But there's always the risk they find new evidence.

And the prosecution still has another witness, a woman who also says she saw

coming out of Hayden's house that night.

I still like my chances.

Now more than ever.

I didn't kill Rossi. I didn't kill Hayden.

And I'm not pleading to anything.

Your Honor, I move that you declare a mistrial based on manifest necessity for

new trial.

You can't retry my client just because your case is falling apart.

If, in fact, a witness is threatened or killed by the defendant, I can declare a

mistrial based on manifest necessity.

And there would be no violation of double jeopardy.

We would start a new trial. My client was in custody last night. Your client

extensive criminal connections. Old news and circumstantial.

McIntyre could have easily had someone pull the trigger for him. That doesn't

make any sense.

Mr. Rossi just testified in my client's favor.

Miss Gamble and I talked with Rossi after he testified.

We believe he intended to reverse direction and implicate the defendant.

Well, to be fair, he didn't explicitly say that. I think he did.

The defendant was trying to lock in his testimony.

Mr. Walsh.

I am very troubled by the death of this witness.

But at this point, you've shown me no evidence tying the defendant to the

murder.

Even if I grant your request for a mistrial, I'm afraid it won't stand up

appeal.

Do you have any other witnesses?

At this point, we intend to call the investigating officer, and then we hope

call another witness who saw the defendant running from the crime scene.

Very well.

The case will proceed.

You tied my hands in there. If you hadn't lied about the witness... I

lie.

Look, now I can't even try for a continuance to get her back here.

Wilcox wouldn't give you one anyway.

I'm taking over first here.

Excuse me?

You're losing, Helen.

I'm coming in. You pulling rank on me now? Yes.

I'm not going to let this guy get away twice.

Now I'm going to prep the investigating officer. I've done that three times. But

I'm taking him on direct now, so I need to prep him, and I'd like to speak with

him alone.

It says that in Hong Kong, a betrayed wife is legally allowed to kill her

adulterous husband, but only with her bare hands. Lucy, I'm going to use my

hands if you don't stop talking.

Has Phyllis Sidlow called back? He doesn't know to call back.

He doesn't have an answering machine. I can't leave a message.

Well, then keep calling until you reach him. I just called like ten minutes ago.

Okay. Lindsay, I've been going over Ned's human deposition and... Eugene,

go over this later? I've got a million and one things to do. Lindsay.

Lindsay.

It's him.

Him who?

Sit low.

Philly, where have you... What?

Okay, stop talking.

That's right, do not say a word to anybody until I get there. Yes, I'll be

there.

How would you like to go over the Zeman deposition on the way to book?

I didn't mean for anyone to get hurt. You gotta believe me.

Philly. You gotta tell them, Lindsay.

This is very serious.

I asked Eugene to come with me. You don't have to say it. The cops already

me I could get life.

Please.

Let's go over what happened.

I robbed a bank like Lindsay said to.

Philly, I never said rob a bank. What are you talking about? You did.

You even said that I could go to federal prison if I did. I wasn't advising you

to commit a crime. All right, hold on.

I need to know exactly what's going on.

I've been sick.

Lindsay knows.

I thought it was in remission. Ah, my prostate, it's spreading.

I got this blood disease. I need these transfusions all the time.

Where are you being treated?

See, that's the thing, I'm not... I got no health insurance.

So unless I'm just about to kick, I gotta wait.

So you tried robbing a bank to pay for an operation?

Even if I could get the money, they'd still make me wait months.

But in federal prison, the doctors, they'd have to work on me right away.

Danny Small from Rockton, big hernia.

They sent him away for check -kiting, and he was put under the knife that day.

You've been trying to get arrested?

I got no money, no family, only a one -room hole in Somerville.

They're tossing me out of it months in.

And the pain from this cancer... It was the only way.

Okay. What happened today?

I went to the bank down the street.

I gave the teller a note asking to hand over 300 bucks. That's all.

But while she was putting the money in the bag, this guard started walking

toward me. Did you have a gun?

No.

But the teller, she tried sticking one of those dye packs in the bag, the kind

that explode.

Anyway, it must have gone off, and the guard must have thought that... He

his gun and fired.

He hit the lady standing behind me.

What happened to her?

I don't know.

This could be felony murder.

But I didn't kill anybody. I told you, I didn't even have a gun. Doesn't matter.

If the woman's dead, it happened during the commission of a crime.

I didn't want anybody to get killed.

I didn't.

I just wanted an operation.

That's all.

Detective

Simon,

on the night Mr. Hayden was murdered, was his house burglarized?

No. How can you be sure?

For one, there were valuables, jewelry, watches, money, in plain sight and left

untouched.

Additionally, because of the way that Mr. Hayden was killed.

He was shot behind both knees about 30 minutes before he was shot in the back

the head.

Why is that significant?

Burglars like to get in, grab what they can, and get out.

Whoever killed Mr. Hayden stuck around to watch him die.

This was personal.

Objection. Sustained. Only testify as to what you observed, Detective.

What other evidence connects Mr.

McIntyre to Mr. Hayden's murder?

On the fact that Mr. McIntyre was tried for killing his former business partner.

Objection! Sustained.

I am instructing the jury to absolutely disregard the last statement made by the

witness. Let me be clear.

What he said was inadmissible, inappropriate, and wholly irrelevant to

case. You must not refer to it in any way during the course of your

deliberations or in reaching a verdict.

Counsel.

Chambers.

Explain to me right now why I shouldn't declare a mistrial. Your Honor, I had no

idea Detective Simons would bring up Mr.

McIntyre's record. Who are you kidding?

This isn't even open for debate.

My client's entitled to an immediate mistrial with prejudice.

He just instructed the jury to ignore the detective's comment.

The jury will never forget what they heard. There's no way our client will

fair trial.

I disagree.

Of course you do.

You did this intentionally.

You conspired with the detective.

That's completely untrue. Your case was in the toilet.

You wanted to restart the trial. If you called for a mistrial, you wouldn't get

a new trial because Double Jeopardy would attach.

So you forced me to call for one, knowing Double Jeopardy would not

That's a lie, Your Honor. You have to dismiss with prejudice. You at least

to hold a hearing. I have the right to question Walsh under oath. Let me save

you the trouble.

My question was innocent.

The detective made an error. I specifically instructed him not to refer

McIntyre's priors. In no way did I conspire with him.

Then I want to put Helen Gamble on the stand.

Bobby. There's no allegation of misconduct against Ms. Gamble. The fact

Your Honor, Mr. Donald would prefer a murderer walk on a technicality.

I'm sure you don't want to be the one to grant that wish.

Oh, don't lay this at my doorstep.

I'm appealing to your sense of justice.

When Mr. McIntyre killed Mr.

Rossi last night, he spit on your court.

When we go back out, I will excuse the jury and clear the room.

Then Ms. Gamble will take the stand.

As I've already stated, I have no proof that Mr. Walsh intended to cause a

mistrial. Did he ever discuss getting a mistrial so he could restart with a new

trial? We never discussed anything like that.

I really don't think I can help you here, Your Honor.

Whatever we discussed is work product.

Ms. Gamble, in your opinion, did Mr.

Walsh intend to cause a mistrial? Your Honor, I strongly object.

My colleague has already stated her opinion is completely irrelevant and

inadmissible work product.

Relax, Mr. Walsh. You're not on trial.

There's no jury here.

This is a hearing, and I would like to listen to what Ms. Gamble has to say.

Then in principle, I object to forcing DAs to testify in this manner.

Already noted.

Ms. Gamble.

Your Honor, it seems the issue does go to my opinion.

Then I'll rephrase the question.

Do you have any basis... To believe Mr.

Walsh did intend to cause a mistrial.

Yes. Your Honor. Sit down, Mr. Walsh.

Please explain why you believe this.

We're having a problem with our other witness.

She's in Florida attending to her hospitalized mother.

It was becoming clear she probably wouldn't make it back in time to

On top of that, Mr. Walsh made sure to exclude me when he prepped Detective

Simon. He may have been colluding with him at that point.

I also believe Mr.

Walsh had not been candid.

For example, he suggested that Mr. Rossi intended to implicate McIntyre again.

In fact, he's given us no indication either way.

Your Honor, I insist I be allowed to cross -examine Ms. Gamble.

Your witness.

Isn't it true that the witness could have made it back from Florida in time

testify? Possible, but unlikely.

And isn't it also true that we could have asked for a continuance? Could have

asked, but when I raised that possibility, you rejected it.

Do you have any evidence whatsoever that I discussed anything illegal with

Detective Simons?

No, I don't. And you have no direct evidence as to what I was thinking?

No.

If you believed I was committing misconduct, wasn't it your duty as an

of the court to report me?

Maybe I should have.

Well, there are just two possibilities.

Either you are complicit in a conspiracy to commit obstruction of justice, or

you are wrong.

I wasn't complicit in a conspiracy.

But I had concerns.

I've heard enough.

She's still my witness, Your Honor. We will take a short recess, after which

I'll deliver my decision.

Jean Ward for the Commonwealth.

Lindsay Dole for the defense.

Wave reading. Plead not guilty.

Question of bail. Before addressing that, Your Honor.

The Commonwealth moved to disqualify Ms. Dole. She is a material witness about

the crime in question.

What witness? I'm his lawyer. A conversation Ms. Dole had with the

will establish motive.

Your Honor, Eugene Young, also for the defense, my colleague cannot testify

where privilege applies.

According to Mr. Sidlow's statement, Ms. Dole instructed him on what kind of

crime to commit in order to get himself incarcerated.

That's a lie.

Take it easy.

Counsel, approach.

Miss Dole, did you instruct your client to rob a bank so he could go to prison?

Again, I raise the issue of attorney -client privilege.

Mr. Sidlow waved that right when he disclosed the contents of his

with Miss Dole.

Now, please answer the question.

I did explain the difference between federal and state crimes, but only to

answer a client's question about what he said was a past crime. You helped get a

woman killed.

The woman who was shot, she died an hour ago.

That was not my fault.

Ms. Dole, it sounds like Ms. Ward's right.

You'll probably have to disqualify yourself.

I will not testify against my client. Okay, enough.

Ms. Ward, although I don't know exactly what happened here, let's be realistic.

This shouldn't go to trial. The defendant's confused. He was unarmed.

Felony murder applies only if the jury finds that he consciously disregarded

risk to human life.

Therefore, I strongly suggest you get Mr. Sidlow new counsel and settle this.

He wants to go to jail anyway.

You're quitting on me? But you're my lawyer.

Philly, the judge disqualified me.

I'm not quitting.

Look, you weren't listening. You haven't been listening.

I never told you to rob a bank.

You did that on your own and got me in trouble in the process.

I'm sorry, Nancy.

Why didn't you just tell me the truth and give me the chance to help?

I didn't want to get you mixed up in something illegal.

You're a good person.

Look, there's nothing I can do for you now.

I'm not your lawyer.

We shouldn't even be talking since privilege doesn't apply.

I was just trying to save my life.

I didn't want to get anyone killed.

I know, Philly.

I should go.

Lindsay, wait.

I know we can't talk about the case, but...

Sit here for a while and keep your company.

That'll be good.

All rise.

Be seated.

To dismiss a murder case with prejudice.

To let a possible killer go free merely because of prosecution error is not only

the most extreme and frowned upon remedy available to a court, it offends our

sense of right and wrong.

It makes a mockery of our most basic sense of fairness.

Don't misunderstand me. Prosecutorial misconduct is a problem.

But to deny justice in order to save justice makes no sense.

And as the record clearly shows, I have no smoking gun here.

No direct evidence that Mr. Walsh did knowingly and intentionally cause a

mistrial. The most Ms. Gamble could offer me was her opinion.

I won't make a ruling on such an important matter purely on speculation.

However, I am required to consider the totality of the facts supporting these

allegations as well as the...

credibility of the parties involved.

This is not the first time I've had Mr. Walsh before me.

This year alone, I have seen a man I have always respected employ what I

consider to be sharp and unethical practices.

He has become increasingly less candid and honest.

In his effort to do justice, he has perverted it.

Here he misled the court about the availability of a witness I now learn is

Florida.

It has stopped.

I therefore, sadly, have no choice but to find that Mr. Walsh did intend to

cause a mistrial in an effort to obtain a new trial.

The case against the defendant is dismissed with prejudice.

Mr. McIntyre, you are free to go.

Your Honor, may I be heard? I have ruled, Mr. Walsh. Then for the record,

say... We are filing an immediate appeal to have your ruling reversed.

Your decision is unjust, unconscionable, and wholly unsupported in law or fact.

It is a reflection of this court's animus against me and my office and will

the basis of my personal complaint to the Judicial Council.

Mr. Walsh. I'm not finished.

Your decision to put a killer back on the street should not go unpunished.

It is my hope the legislature will consider appropriate actions, including

possible impeachment.

You crossed the line a long time ago, Mr. Walsh.

I ascribe your inappropriate response to the fact that ultimately you know this

whole disaster is your fault.

This Court is adjourned.

That's it? It's over?

Yeah, Michael, it's over.

Hey, thanks.

Send me the bill.

You accuse me of perjury.

Look, I did my ethical duty.

What excuse do you have for ripping me apart up there?

I was trying to save this case, Helen.

I wasn't railroading an innocent man. I wanted to give McIntyre the fair trial

he was avoiding by killing a witness.

He's going free.

Patricia, we are so sorry.

You made this happen.

How can you tell me that you're sorry? I had to testify truthfully. The truth is

Michael McIntyre took my father's business, then took his life.

And you let him get away.

I did my ethical duty.

Only because you were dragged into it.

You're not a hero.