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I thought they said 9 o 'clock.
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They did.
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Do we really think they're going to
settle now, 12 hours before we start?
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That's when they all settle.
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Maybe we should put our jackets on.
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I read an article.
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Lawyers look more formidable in their
coats.
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Jimmy, they're coming in here to either
settle or not. I doubt it'll turn on
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whether or not we're wearing jackets.
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They're here.
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Show them in.
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Sorry we're a little late. It's okay.
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Please.
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We're declining to make an offer.
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Any offer?
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Look, how you got past summary judgments
still remains a mystery. The point is,
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we did.
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Eugene, you would have rejected the
number we were toying with anyway.
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But the feeling is that the precedent of
any number would be exponentially
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devastating.
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If every problem drinker starts suing
us... This problem drinker is dead.
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Rebecca, it's not that we don't
sympathize. You just won't cough up a
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Look me in the eye and tell me that you
would advise my client to settle here.
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All right.
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Look, you came all the way over here at
9 .30 at night.
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Is there room for negotiation or are you
just messengers for bad news?
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The latter.
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$125 ,000 sealed.
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No admission of liability.
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We can't, on principle.
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This was a kid.
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He died of alcoholism. Your client bears
some responsibility, and you won't take
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it on principle?
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Okay, look, this need not get ugly.
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We'll see you tomorrow.
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Do the research on us, Mark, would you?
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Meaning?
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When we try cases, it gets ugly.
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Eugene, this isn't criminal. This is a
civil case.
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Lawyers tend to be... What's the word?
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civil.
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I don't think you're scared, though.
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He began to have a problem in high
school in his senior year. A drinking
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problem? Yes. I mean, it wasn't that he
was terribly into parties.
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Michael was an athlete.
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But it started with beer, and it sort of
shifted into hard alcohol.
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His mother and I got him into a
treatment program.
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Was this successful?
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Yes, for a year or two.
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But then in college, he got into the
frat scene. There was a... What
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His grades suffered. He didn't graduate.
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His friends abandoned him. We did an
intervention in 1999.
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In April 2000, he was released.
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He spiraled down from there. He was
living on the streets.
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He died of alcohol poisoning that
spring.
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And you're blaming Portis Brewery for
your son's death?
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He primarily drank their beer in high
school.
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I'm certainly aware that there were
other beers, but for the most part, it
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Portis.
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Did he have other difficulties?
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None. Michael was an athlete.
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He admired athletes.
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He watched all those beer commercials
they run during the games.
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He saw his favorite ballplayers
endorsing Portis and other beers like
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nutrition drinks.
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These companies targeted my son and
other young kids.
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Drinking is cool?
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Drinking will get you girls?
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Well, it is not cool.
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Drinking killed my son.
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Is it your testimony, sir, your son
thought beer was a nutritional drink
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began consuming it? That question
reflects the very arrogance of your
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refuses to take responsibility for
contributing to a young man's death.
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00:04:45,670 --> 00:04:47,950
Do you take any responsibility, Mr.
Berry?
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Your son was underage, drinking
illegally.
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Let me ask you, do you drink?
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In moderation.
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Responsibly? Yes. Your son was raised in
a household where his parents drank
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00:05:03,820 --> 00:05:05,760
moderately and responsibly?
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00:05:06,180 --> 00:05:11,260
Yes. And when your son entered his high
school years did you ever talk to your
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son about the dangers of drinking?
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Many times.
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You feel you adequately informed him as
to all of the risks?
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Look, no matter what parents say it is
hard to compete with the images of fun
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and social acceptance that is being
marketed by the alcohol industry.
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My question is, do you feel you
adequately informed your son as to the
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risks of consuming alcohol?
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Yes.
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Thank you, sir.
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And I'm very sorry for your loss.
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I thought alcohol companies were exempt
from these lawsuits.
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No one is exempt from fraud.
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They lie when they say they don't market
to kids.
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Can I help you? Yeah.
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I'm looking for Eleanor Frett.
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I'm Eleanor Frett.
97
00:06:04,500 --> 00:06:06,420
Hello. My name is Stephen Marshall.
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I'd like to hire you.
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Is there some place we can talk?
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00:06:19,420 --> 00:06:21,220
I guess I should just get right to it.
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00:06:22,440 --> 00:06:25,840
I'm the warden of Goffstown Correctional
Facility in New Hampshire.
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One of my inmates is Denise Freeman. She
shot two young boys who were playing in
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the park.
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00:06:33,220 --> 00:06:35,200
She's scheduled to be executed next
week.
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It's the first execution in New
Hampshire in many years, so maybe you
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it. I hadn't, actually.
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How can I help?
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I'd like you to stop it.
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Her execution?
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Yes.
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I read where you got a death sentence
overturned several years ago.
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I drove down here on the chance that you
could possibly work your magic again.
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You're the warden trying to halt the
execution?
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Yes.
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00:07:02,810 --> 00:07:04,410
Are you against the death penalty?
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No, not at all.
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In fact, I think we should employ it
more often.
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00:07:09,630 --> 00:07:11,930
But we shouldn't be killing Denise
Freeman.
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She's not the same person who committed
those crimes.
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00:07:16,270 --> 00:07:19,090
I know they all claim that, but she
really isn't.
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00:07:21,599 --> 00:07:22,599
That's why I drove down here.
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To convince you to help save an
extraordinary woman.
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Oh, don't you even dare. This is Sheila
Barry. She was just awarded Sister of
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the Year.
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Shut up. North America only. She
competes for World Sister of the Year
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month. Yeah, and I score special
endurance points for having you as my
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brother. Let me tell you a little bit
about Sheila. Let's not. She makes up
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own words playing Scrabble. No, I don't.
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00:07:53,680 --> 00:07:54,860
That was your brother, Michael?
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Yes. Does that video fairly reflect his
personality?
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He had an amazing sense of humor.
132
00:08:01,800 --> 00:08:03,880
He was shy. You don't get that from the
video.
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He was very shy. I think that was one of
the reasons he drank at parties.
134
00:08:09,000 --> 00:08:12,200
Socially, he was a little uncomfortable
until he got to know people.
135
00:08:12,800 --> 00:08:15,600
When was the last time you saw your
brother?
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About a month before he died.
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00:08:19,080 --> 00:08:20,080
Where'd you see him?
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My apartment.
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He came to ask me for money.
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He was living on the street.
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Did you loan him money?
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I told him he could move in with me if
he wanted to, but I wasn't going to give
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him money so he could just go buy
liquor.
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I begged him to get help, but he just
walked away.
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That was the last time I ever saw him.
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I have nothing further.
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No questions, Your Honor.
148
00:09:11,780 --> 00:09:15,640
It isn't exactly great timing for us to
be taking a pro bono case.
149
00:09:15,940 --> 00:09:18,760
I'm not saying I definitely want to take
it on, but...
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I'd like to meet with her.
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See who she is, what she is.
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She's in New Hampshire?
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Yes. I thought I would drive up there
with Jamie this afternoon.
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Evidently, she runs this talk straight
program for troubled kids that... The
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warden came here personally.
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I really think I should go.
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I'll say yes with one word of caution.
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Protect yourself.
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I'm sure there'll either be a guard or a
partition or... I'm not talking
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physically.
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You're about to emotionally invest in
somebody who, odds are, will be dead in
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week.
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I won't invest emotionally.
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Right.
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Protect yourself.
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00:10:05,400 --> 00:10:07,700
The cause of death was alcohol
poisoning.
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Dr. Michael Berry went in and out of
many treatment programs.
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Why couldn't he be cured? Because he was
addicted.
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You mean he lacked the will to stop?
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That oversimplifies it.
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People think alcoholics lack willpower.
I wish it were that easy.
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The brain chemistry is changed.
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Telling a severely impaired alcoholic
not to drink is like telling someone not
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to go to the bathroom. We're talking
about an overwhelming urge related to a
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bodily function.
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Come on, Doctor. It's not like he had no
choice here.
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He chose to drink initially.
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Of course he did. Like smokers choose to
smoke, like people choose to use
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cocaine. But once the addiction took
hold, he was robbed of his free will.
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That kid was dying on the street.
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Homeless, for God's sake. Does anybody
think he chose that?
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Many alcoholics do recover.
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As do many smokers.
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That doesn't mean the addiction's not
real.
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00:11:06,410 --> 00:11:09,350
But doctor, you make it sound like an
involuntary affliction.
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When in fact... I make it sound like a
disease, counsel.
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The very definition of disease is an
involuntary disability which Michael
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had. May I be allowed to finish my
questions?
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You may, but if you wrongfully restate
my answers, I'll interrupt.
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Doctor, this isn't a rugby match.
191
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What is the likelihood, if one drinks
moderately, that he or she will become
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addicted to alcohol?
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I can't answer that. No one can.
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Alcohol affects people differently. We
need to do more studies, which they
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haven't done. In your experience, if
someone drinks moderately, how likely is
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it... It's extremely likely that young
kids won't drink moderately. If a person
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drinks responsibly in moderation, he or
she is not likely to become addicted.
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That would be fair.
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Thank you.
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00:12:17,520 --> 00:12:19,240
I need you to look at me, Janice.
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You see, we're on a bit of a
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time crunch here.
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00:12:31,860 --> 00:12:36,340
I'm scheduled to be killed next week,
and I'm going to help you. I need to
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fast progress.
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How about we...
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Let that anger give way to greed, then.
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You will probably be the last person who
gets to talk to me.
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You could write an article.
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Get paid for it.
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Lots of good things that come from you
talking to me.
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Janice, it all starts with your eyes
finding mine.
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00:13:10,570 --> 00:13:13,170
I can't tell you how many kids whose
lives she's rerouted.
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She connects with every single one.
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She'll get to this one, too. You watch.
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All the appeals are exhausted?
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Every one.
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00:13:23,370 --> 00:13:26,250
There's a petition for a stay with the
Supreme Court.
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00:13:26,990 --> 00:13:28,250
That's not going to happen.
219
00:13:29,770 --> 00:13:32,530
Look, as I said, I'm pro -death penalty.
220
00:13:33,550 --> 00:13:37,470
But this one... She's something.
221
00:13:39,080 --> 00:13:41,540
The problem is I am also a murderer.
222
00:13:42,500 --> 00:13:44,640
At least I was before I got on the
medication.
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I shot a 13 -year -old boy playing on a
jungle gym.
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And then I pointed the gun and shot his
11 -year -old brother.
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I was every bit the monster the
prosecution made me out to be. You need
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clear about that.
227
00:14:00,920 --> 00:14:02,120
You mentioned medication.
228
00:14:02,720 --> 00:14:03,720
What medication?
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00:14:03,840 --> 00:14:07,420
I've been on an icotropic cocktail for
the last eight years.
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00:14:07,950 --> 00:14:09,090
And before you took it?
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Monster.
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You weren't listening.
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Did you argue diminished capacity at the
trial?
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Yes. It failed.
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The jury saw me sane since I was
medicated for the trial also.
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Forced? Sorry? The medication you took
for the trial, was it forced?
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It had to be. I had no capacity to
consent.
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Why?
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I'm just...
240
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searching for an angle well the insanity
one's been tried we need to come up
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00:14:42,080 --> 00:14:48,780
with something else you seem well most
death row inmates
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00:14:48,780 --> 00:14:54,680
have a little desperation going
especially as the day gets closer is
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00:14:54,680 --> 00:15:01,560
you want me to act no but you know the
funny thing is there is a
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00:15:01,560 --> 00:15:02,740
calm that comes with it
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00:15:04,520 --> 00:15:06,520
Actually, I'm a prolific warrior.
246
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But now, you know, I'm not afraid of
getting cancer, financial
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security, problems in the Middle East.
None of that gets to me.
248
00:15:20,320 --> 00:15:21,780
I'm going to be dead in a week.
249
00:15:23,760 --> 00:15:30,380
There's a calm that comes underneath the
cool.
250
00:15:34,540 --> 00:15:38,000
I'm going to be dead in a week. Do I
really need to make a showing of
251
00:15:38,000 --> 00:15:39,000
desperation?
252
00:15:44,820 --> 00:15:47,620
Alcohol addiction is both genetic and
social.
253
00:15:47,960 --> 00:15:50,860
Some of the predisposition is in the
brain chemistry.
254
00:15:51,320 --> 00:15:54,460
Some of it obviously is environmental,
how a person lives.
255
00:15:54,780 --> 00:15:59,680
But doctor, my question is, is it
possible...
256
00:15:59,980 --> 00:16:05,400
A person can become addicted to alcohol
without drinking excessively. We have
257
00:16:05,400 --> 00:16:08,960
not proven it, but my opinion is it's
absolutely possible.
258
00:16:09,760 --> 00:16:10,760
How?
259
00:16:11,140 --> 00:16:15,800
Well, the limbic system in the brain is
very different in people who suffer from
260
00:16:15,800 --> 00:16:17,680
alcoholism. How do we know this?
261
00:16:18,380 --> 00:16:21,740
Autopsies. Problem is, we can't be sure
what came first.
262
00:16:22,340 --> 00:16:25,720
Is it the alcoholism that altered the
brain, or...
263
00:16:26,220 --> 00:16:29,540
Is it the abnormal brain that caused the
alcoholism?
264
00:16:30,420 --> 00:16:34,760
It may very well be that many people are
born alcoholics waiting to happen.
265
00:16:35,560 --> 00:16:38,000
Michael Berry could have been one of
them.
266
00:16:38,980 --> 00:16:43,220
Have you found a single person who
became an alcoholic who didn't drink
267
00:16:43,220 --> 00:16:44,620
excessively? No.
268
00:16:44,900 --> 00:16:48,800
But the reason he drank heavily could be
the genetic makeup of his brain.
269
00:16:49,280 --> 00:16:50,620
That's what people don't get.
270
00:16:50,920 --> 00:16:52,680
Did you study the brain of Michael
Berry?
271
00:16:52,920 --> 00:16:54,660
No, because no autopsy was ever done.
272
00:16:55,180 --> 00:16:58,860
So you have no idea as to the genetic
makeup of the plaintiff?
273
00:16:59,080 --> 00:17:00,080
That's correct.
274
00:17:10,960 --> 00:17:13,300
Hey, how's it going?
275
00:17:14,060 --> 00:17:15,420
So far, so good.
276
00:17:15,900 --> 00:17:19,540
Case is still a long shot, but we'll
see.
277
00:17:24,270 --> 00:17:25,270
Your brother?
278
00:17:25,530 --> 00:17:26,530
Yeah.
279
00:17:27,650 --> 00:17:30,630
Hard to believe, almost nine years since
he died.
280
00:17:32,630 --> 00:17:33,890
He was an alcoholic.
281
00:17:35,490 --> 00:17:36,770
Is that in play at all?
282
00:17:39,110 --> 00:17:41,090
Did you come in to check on the case for
me?
283
00:17:41,810 --> 00:17:46,070
I know you fully appreciate the
difficulty of the case. I do wonder
284
00:17:46,070 --> 00:17:51,990
appreciation could get blurred by a
sense of... mission.
285
00:17:52,880 --> 00:17:58,280
i'm not on a mission did alcohol help
kill my brother yes but that hardly puts
286
00:17:58,280 --> 00:18:02,560
me in a small group half the adult
population in this country has
287
00:18:02,560 --> 00:18:08,380
their family that's a point worth
arguing i plan to eugene i feel like
288
00:18:08,380 --> 00:18:12,220
getting harder and harder for you and me
just to have a conversation bobby you
289
00:18:12,220 --> 00:18:15,820
didn't come in here to have a
conversation you came in here worried
290
00:18:15,820 --> 00:18:17,440
objectivity because of how my brother
291
00:18:22,760 --> 00:18:28,860
Like you say, I have a full appreciation
of the difficulty of the case, and if
292
00:18:28,860 --> 00:18:31,880
an offer does come in, I'll recommend
settlement to the client.
293
00:18:33,260 --> 00:18:34,260
Okay.
294
00:18:48,750 --> 00:18:52,890
I think the biggest problem with my
insanity defense was that it played so
295
00:18:52,890 --> 00:18:58,070
stereotypically. I heard voices. I
thought they were a mandate from God.
296
00:18:58,070 --> 00:19:02,070
know, there's somebody like me on
Dateline once a week. I think the jury
297
00:19:02,070 --> 00:19:04,210
went, yeah, yeah, next.
298
00:19:04,990 --> 00:19:06,450
And the actual diagnoser?
299
00:19:07,870 --> 00:19:08,870
Paranoid schizophrenia.
300
00:19:10,250 --> 00:19:12,130
Do you have a memory of the killings?
301
00:19:14,050 --> 00:19:17,110
They haven't found the medication yet to
erase memory.
302
00:19:18,380 --> 00:19:19,820
Can you tell me what you remember?
303
00:19:22,200 --> 00:19:24,260
Can you tell me how that's relevant?
304
00:19:25,120 --> 00:19:30,980
Denise, as you said to that young girl,
we're a little crunched for time.
305
00:19:31,820 --> 00:19:37,620
So I need you to let me be the lawyer
and trust me to decide what's relevant.
306
00:19:38,460 --> 00:19:40,680
If the memory is vivid, I want to know.
307
00:19:40,900 --> 00:19:42,720
If not, I want to know that too.
308
00:19:44,320 --> 00:19:45,660
Tell me what you remember.
309
00:19:51,240 --> 00:19:53,200
In the moment, time slowed down.
310
00:19:54,680 --> 00:19:56,960
I saw the bullets travel.
311
00:19:59,060 --> 00:20:02,800
I saw them floating through the air like
feathers.
312
00:20:05,660 --> 00:20:07,660
They hit the skulls.
313
00:20:08,900 --> 00:20:12,600
Two incredibly sweet little boys.
314
00:20:14,840 --> 00:20:19,820
These floating feathers just made their
heads go...
315
00:20:28,360 --> 00:20:29,360
Wasn't vivid enough.
316
00:20:41,620 --> 00:20:46,000
Alcoholism is something we all need to
be concerned with. And we are at Portis.
317
00:20:46,140 --> 00:20:49,860
I guess the question becomes, how do you
manifest that concern?
318
00:20:50,420 --> 00:20:54,640
First, by putting warnings on every
single one of our products.
319
00:20:55,230 --> 00:20:59,670
But I'll tell you something. We probably
should do a better job of publicizing
320
00:20:59,670 --> 00:21:00,750
the health benefits.
321
00:21:00,970 --> 00:21:01,869
The benefits?
322
00:21:01,870 --> 00:21:07,230
Absolutely. Studies now show that having
a drink or two of alcohol every day can
323
00:21:07,230 --> 00:21:08,350
help fight heart disease.
324
00:21:08,770 --> 00:21:12,810
Evidence is now coming in that it can
even promote mental health and possibly
325
00:21:12,810 --> 00:21:17,330
prevent Alzheimer's. Some doctors are
recommending to their patients that they
326
00:21:17,330 --> 00:21:22,010
consume moderate amounts of alcohol to
promote general health, well -being, and
327
00:21:22,010 --> 00:21:24,730
longevity. Is the defendant testifying
in the narrative?
328
00:21:25,100 --> 00:21:27,640
Mr. Carroll, a young man died here.
329
00:21:27,900 --> 00:21:30,700
And it's a tragedy. My heart goes out to
his family.
330
00:21:31,460 --> 00:21:35,720
I had a nephew who was killed by a drunk
driver, and I'm angry about it to this
331
00:21:35,720 --> 00:21:41,080
day. But I'll tell you, this country as
a whole is vigilant about this.
332
00:21:41,590 --> 00:21:47,530
We have mothers against drunk drivers.
We have PSAs on every channel. In our
333
00:21:47,530 --> 00:21:51,890
advertisements, we warn about drinking
and driving. This isn't some obscure
334
00:21:51,890 --> 00:21:57,170
latent peril lurking in the bushes. The
message on irresponsible drinking is out
335
00:21:57,170 --> 00:21:59,470
there, and it's been out there for many,
many years.
336
00:21:59,690 --> 00:22:04,130
Our industry has spent millions of
dollars on that message, and I'll tell
337
00:22:04,130 --> 00:22:05,009
something else.
338
00:22:05,010 --> 00:22:07,110
The majority of Americans get it.
339
00:22:07,510 --> 00:22:08,990
Objection, Mr. Grundle.
340
00:22:09,230 --> 00:22:12,610
You need to ask your client a question.
He only need respond to that question.
341
00:22:12,930 --> 00:22:17,030
Mr. Carroll, what about the specific
problem of underage drinking?
342
00:22:17,470 --> 00:22:22,250
We fund numerous educational awareness
programs, more than any other industry.
343
00:22:22,430 --> 00:22:25,630
We pay to train vendors not to sell to
kids.
344
00:22:26,130 --> 00:22:31,330
We agree with the law, which raises the
legal drinking age from 18 to 21, and
345
00:22:31,330 --> 00:22:32,330
let's think about that.
346
00:22:32,430 --> 00:22:33,430
You can vote.
347
00:22:33,650 --> 00:22:34,890
You can fight in a war.
348
00:22:35,470 --> 00:22:40,070
You're considered an adult for the
purpose of the law in every single way
349
00:22:40,070 --> 00:22:41,049
age of 18.
350
00:22:41,050 --> 00:22:45,890
And we still say, well, we're going to
make you wait an additional three years
351
00:22:45,890 --> 00:22:47,330
before you can drink.
352
00:22:48,070 --> 00:22:49,070
Why?
353
00:22:49,570 --> 00:22:53,790
Because we recognize the need for
maturity and responsibility.
354
00:22:55,650 --> 00:22:59,730
In fact, the only thing left for us to
do would be to ban alcohol altogether.
355
00:23:01,350 --> 00:23:03,570
We tried that in this country once, and
it didn't work.
356
00:23:06,000 --> 00:23:10,700
Run that by me again. It's not as crazy
as it sounds. Just the same once more.
357
00:23:12,140 --> 00:23:17,560
Okay. She stops taking the meds, in
which case she regresses quickly, I
358
00:23:17,560 --> 00:23:18,740
add, according to the doctors.
359
00:23:19,000 --> 00:23:23,020
Once she becomes schizophrenic again, we
get the diagnosis of insanity.
360
00:23:23,340 --> 00:23:27,880
Supreme Court has expressly held the
Eighth Amendment prohibits executing the
361
00:23:27,880 --> 00:23:30,980
insane. They also held you can force
Medicaid to make a person sane.
362
00:23:31,640 --> 00:23:36,380
They upheld forced medication to make a
defendant competent for trial, not
363
00:23:36,380 --> 00:23:37,680
necessarily for punishment.
364
00:23:39,040 --> 00:23:40,840
Bobby, I can't think of anything else.
365
00:23:41,940 --> 00:23:46,760
You want to take her off the meds? And
try and stop the execution on the
366
00:23:46,760 --> 00:23:47,760
that she's insane.
367
00:23:48,620 --> 00:23:50,960
At a minimum, it could buy us time.
368
00:23:51,460 --> 00:23:53,080
The death penalty is vulnerable.
369
00:23:53,320 --> 00:23:54,720
Time is time.
370
00:23:56,200 --> 00:23:57,400
What do we have to lose?
371
00:24:02,030 --> 00:24:06,290
How much money does the alcohol industry
make per year? A lot.
372
00:24:06,750 --> 00:24:10,910
You're a major manufacturer. I'm sure
you can get more specific than a lot.
373
00:24:11,390 --> 00:24:12,390
Can't you, Mr. Carroll?
374
00:24:12,510 --> 00:24:13,510
It's in the billions.
375
00:24:13,810 --> 00:24:16,930
It's close to $120 billion a year.
376
00:24:17,730 --> 00:24:19,730
$120 billion.
377
00:24:20,130 --> 00:24:24,510
Which contributes to a healthier U .S.
economy, Mr. Young, and employs hundreds
378
00:24:24,510 --> 00:24:25,570
of thousands of Americans.
379
00:24:26,070 --> 00:24:27,130
Thank you for that.
380
00:24:28,400 --> 00:24:32,940
And how much money does your company
spend to build or contribute to
381
00:24:32,940 --> 00:24:34,540
facilities for alcohol abuse?
382
00:24:35,020 --> 00:24:38,040
We make beer, Mr. Young. We're not in
the hospital business.
383
00:24:38,400 --> 00:24:42,960
The answer is zero. No, it is not. We
donate a great deal of money to
384
00:24:42,960 --> 00:24:44,060
programs. A great deal?
385
00:24:44,440 --> 00:24:48,600
More or less than 1 % of what you spend
promoting alcohol use?
386
00:24:48,940 --> 00:24:51,180
Hey, since it's voluntary... Less than 1
%?
387
00:24:51,480 --> 00:24:52,760
I'd have to check the figures.
388
00:24:53,040 --> 00:24:54,040
Well, I have some figures.
389
00:24:55,720 --> 00:25:01,500
Your industry takes in 120 billion a
year. 15 million Americans struggle with
390
00:25:01,500 --> 00:25:06,640
alcoholism. Look, our product is only
dangerous when used excessively. So is
391
00:25:06,640 --> 00:25:07,660
aspirin, for that matter.
392
00:25:07,880 --> 00:25:11,480
Aspirin? You're just like aspirin? You
understand my point, counsel.
393
00:25:11,680 --> 00:25:15,620
When used responsibly... You advertise
to young people? Not underage, we don't.
394
00:25:15,640 --> 00:25:20,640
Your key target demo is 21 to 25 -year
-olds, isn't it? Which is perfectly
395
00:25:20,640 --> 00:25:25,680
legal. What research do you do to make
sure those ads intended for 21 -year
396
00:25:25,680 --> 00:25:30,760
-olds don't influence 19 -year -olds?
Look. Are you aware, sir, that underage
397
00:25:30,760 --> 00:25:32,760
kids are drinking your beer?
398
00:25:32,960 --> 00:25:37,340
We take every step to ensure that
doesn't happen, but parents have to take
399
00:25:37,340 --> 00:25:39,100
responsibility. You're aware.
400
00:25:40,300 --> 00:25:42,760
Minors drink your beer.
401
00:25:43,400 --> 00:25:45,560
We're aware that it happens sometimes.
402
00:25:45,840 --> 00:25:47,880
Sometimes? You're aware.
403
00:25:48,380 --> 00:25:53,620
Underage kids are responsible for 12 %
of the consumption of all your beer,
404
00:25:53,700 --> 00:25:57,500
aren't you? That figure is debatable.
And that over 90 % of all the alcohol
405
00:25:57,500 --> 00:26:02,640
consumed by underage drinkers is for
binging. Is that debatable? We do not
406
00:26:02,640 --> 00:26:06,900
target underage drinkers. Well,
according to the Surgeon General, over
407
00:26:06,900 --> 00:26:10,840
all high school juniors and seniors
drink, but you don't target them. We
408
00:26:10,840 --> 00:26:14,240
our business to curtail underage
drinkers. Really?
409
00:26:14,830 --> 00:26:17,470
Besides those sex and alcohol
commercials, what else?
410
00:26:17,970 --> 00:26:20,050
Objection. What the hell do you do to
curtail it?
411
00:26:20,330 --> 00:26:24,550
Objection. Two -thirds of underage
drinkers buy their own beer, Mr.
412
00:26:24,670 --> 00:26:28,530
That's a vendor problem. Oh, I see. It's
not your problem? You just make the
413
00:26:28,530 --> 00:26:29,870
stuff and put the logo on blips?
414
00:26:30,410 --> 00:26:35,690
Objection. Mr. Young. This kid couldn't
so much as watch a baseball game without
415
00:26:35,690 --> 00:26:38,290
hearing your jingle, Mr. Carroll, and
he's dead.
416
00:26:38,510 --> 00:26:40,470
He's dead. Mr. Young, that's enough.
417
00:26:41,250 --> 00:26:43,730
And you sit here testifying nothing you
can do.
418
00:26:45,710 --> 00:26:48,590
Nothing you can do for Michael Berry.
419
00:27:12,310 --> 00:27:14,050
Go off my medication?
420
00:27:14,800 --> 00:27:18,000
The Supreme Court has said we can't
execute the insane.
421
00:27:18,420 --> 00:27:20,420
It's our last, best shot.
422
00:27:21,600 --> 00:27:27,820
Up until now, we have argued, don't kill
her, she's not the monster she used to
423
00:27:27,820 --> 00:27:33,440
be, and now you want me to go off my
medication so that you can argue, don't
424
00:27:33,440 --> 00:27:35,280
kill her, she is the monster she used to
be?
425
00:27:35,640 --> 00:27:36,640
Yes.
426
00:27:37,500 --> 00:27:41,840
And then after that, we'll argue that
it's cruel and unusual to keep you
427
00:27:42,060 --> 00:27:43,840
and we'll hopefully get you on the meds
again.
428
00:27:45,820 --> 00:27:47,860
That was perverse.
429
00:27:48,940 --> 00:27:49,940
It is.
430
00:27:50,180 --> 00:27:54,300
And they will no doubt try to force
medicate you. It's been upheld in the
431
00:27:54,360 --> 00:27:57,200
but I have a better chance at beating
it.
432
00:28:00,360 --> 00:28:03,200
How long after you stop taking the
medication before?
433
00:28:03,520 --> 00:28:04,760
It won't take long.
434
00:28:07,940 --> 00:28:08,940
Okay.
435
00:28:10,620 --> 00:28:12,900
I'm going to draft up the document
stating your intent.
436
00:28:14,480 --> 00:28:16,820
I'm going to need you to find them while
you're still competent.
437
00:28:17,560 --> 00:28:18,900
My intent being?
438
00:28:19,160 --> 00:28:22,700
You don't want the meds under any
circumstances.
439
00:28:26,580 --> 00:28:28,340
I will go crazy, Eleanor.
440
00:28:29,100 --> 00:28:30,600
You do realize that.
441
00:28:42,060 --> 00:28:44,180
Alcohol is part of the American culture.
442
00:28:44,700 --> 00:28:45,700
I know it.
443
00:28:46,460 --> 00:28:47,460
I get it.
444
00:28:48,020 --> 00:28:51,980
We indulge openly, proudly even. We
toast at weddings.
445
00:28:52,180 --> 00:28:56,280
We drink to our health. We drink in
front of our kids, be it eggnog at
446
00:28:56,280 --> 00:29:00,200
Christmas, mint julep at Kentucky Derby
parties, St. Patrick's Day.
447
00:29:00,780 --> 00:29:02,820
And we romanticize it, don't we?
448
00:29:03,280 --> 00:29:05,800
Win a World Series or a Super Bowl.
449
00:29:06,040 --> 00:29:08,340
Out comes the champagne on national
television.
450
00:29:08,890 --> 00:29:13,910
Our best athletes, role models for
physical fitness. Watch them drink. Hey,
451
00:29:13,910 --> 00:29:16,690
our culture. Like I said, I get it.
452
00:29:18,110 --> 00:29:19,150
But you know what?
453
00:29:20,430 --> 00:29:23,070
They never really warn you about the
downside.
454
00:29:23,910 --> 00:29:27,290
15 million Americans are alcoholics.
455
00:29:27,830 --> 00:29:29,490
15 million.
456
00:29:30,070 --> 00:29:36,030
And the statistics, they go on and on.
It's the number one teenage drug
457
00:29:36,330 --> 00:29:38,690
The number one drug problem in college.
458
00:29:38,970 --> 00:29:41,990
One quarter of all emergency room
admissions.
459
00:29:42,370 --> 00:29:49,190
Almost a third of all suicides. One half
of all homicides, rapes. One third
460
00:29:49,190 --> 00:29:54,810
of traffic fatalities, alcohol related.
It is the leading cause of mental
461
00:29:54,810 --> 00:29:58,510
retardation. Fetal alcohol syndrome.
462
00:30:00,830 --> 00:30:03,370
The cost to us.
463
00:30:03,930 --> 00:30:09,650
The taxpayer and our economy, over $185
billion in lost productivity,
464
00:30:10,090 --> 00:30:15,750
health care expenses, crime, car
crashes, and other costs. The cost to
465
00:30:15,750 --> 00:30:18,550
and Joshua Berry, their son.
466
00:30:18,790 --> 00:30:22,730
The cost to Sheila Berry, her brother.
467
00:30:23,410 --> 00:30:25,770
This was a decent kid.
468
00:30:26,400 --> 00:30:31,700
Beat student, shy, good athlete, who
started having a few beers with his high
469
00:30:31,700 --> 00:30:37,520
school buddies, who developed an
addiction to a drug that ended up taking
470
00:30:37,520 --> 00:30:38,520
life.
471
00:30:39,360 --> 00:30:45,760
This industry makes upward of $100
billion a year, a lot of it coming from
472
00:30:45,940 --> 00:30:50,940
children, and however much they deny it,
they target those kids with their
473
00:30:50,940 --> 00:30:52,840
advertising. They buy time.
474
00:30:53,370 --> 00:30:57,670
On the programs these kids watch, we've
all seen the ads. They're funny.
475
00:30:57,770 --> 00:31:00,710
Drinking is hip. It's cool. It's now. It
kills.
476
00:31:02,730 --> 00:31:03,730
It kills.
477
00:31:05,190 --> 00:31:06,610
And they just take the money.
478
00:31:07,410 --> 00:31:08,410
A lot of it.
479
00:31:08,890 --> 00:31:12,890
During the course of this three -day
trial, the alcohol industry made another
480
00:31:12,890 --> 00:31:15,730
billion dollars. Now, we're a capitalist
society.
481
00:31:16,030 --> 00:31:17,870
Like I said, I get it.
482
00:31:18,890 --> 00:31:23,960
But when you contribute... To the death
of human life. Over a hundred thousand
483
00:31:23,960 --> 00:31:27,780
lives every year. How can you not take
some responsibility?
484
00:31:28,180 --> 00:31:30,120
It can't always be about the money.
485
00:31:31,460 --> 00:31:32,640
That's what I don't get.
486
00:31:42,860 --> 00:31:44,980
Mr. Young says we've committed fraud.
487
00:31:45,640 --> 00:31:46,640
He's wrong.
488
00:31:47,000 --> 00:31:49,580
We sell an honest product honestly.
489
00:31:50,280 --> 00:31:51,620
We are not tobacco.
490
00:31:53,320 --> 00:31:56,800
Tobacco company lied about the risks
associated with smoking.
491
00:31:57,260 --> 00:32:00,940
The risks of drinking have been known
for thousands of years.
492
00:32:01,280 --> 00:32:02,740
And so have the benefits.
493
00:32:02,960 --> 00:32:09,000
We drink with our friends to relax, to
celebrate. There are social benefits to
494
00:32:09,000 --> 00:32:12,060
responsible drinking, and we all know
it.
495
00:32:12,560 --> 00:32:15,580
The problem is with alcohol abuse.
496
00:32:16,560 --> 00:32:17,840
And the question...
497
00:32:19,080 --> 00:32:20,800
is what do we do about it?
498
00:32:22,200 --> 00:32:27,500
What we've done so far is to pass a
multitude of regulations. My client has
499
00:32:27,500 --> 00:32:32,540
complied with every one of them. We have
raised the drinking age. We've mandated
500
00:32:32,540 --> 00:32:36,680
warnings on every bottle of beer. We now
have dram shop acts, making people
501
00:32:36,680 --> 00:32:38,320
liable who serve alcohol.
502
00:32:39,300 --> 00:32:42,500
You could be sued today just for
throwing a party.
503
00:32:44,240 --> 00:32:47,320
We have done everything humanly
possible.
504
00:32:48,010 --> 00:32:52,510
In truth, the only thing left to do is
ban alcohol. And we've already tried
505
00:32:52,510 --> 00:32:55,670
once with spectacular failure.
506
00:32:56,150 --> 00:33:01,330
Because, as Mr. Young correctly points
out, drinking is in our culture.
507
00:33:02,630 --> 00:33:04,190
We're always going to have that
cocktail.
508
00:33:05,110 --> 00:33:11,330
And no jury, no act of Congress, will
ever, ever prevent it.
509
00:33:12,630 --> 00:33:13,630
I'll say this.
510
00:33:14,220 --> 00:33:18,740
Mr. Young is disingenuous when he says
that we're all about money and they're
511
00:33:18,740 --> 00:33:24,480
not. They are in here today asking you
to award them money.
512
00:33:26,700 --> 00:33:28,900
Well, I won't be disingenuous. We're a
business.
513
00:33:29,960 --> 00:33:32,560
Lawsuits, judgments, they become a cost
of doing business.
514
00:33:32,940 --> 00:33:37,480
And I don't have to tell you who that
cost always gets passed back to.
515
00:33:39,420 --> 00:33:41,260
You can't bring back Michael Berry.
516
00:33:41,580 --> 00:33:43,000
I so wish you could.
517
00:33:43,520 --> 00:33:49,760
But all you can really do,
unfortunately, is raise the price of
518
00:33:51,180 --> 00:33:55,720
Because, like he told you, it's our
culture.
519
00:34:04,680 --> 00:34:05,840
Will you go to the court when?
520
00:34:06,060 --> 00:34:07,060
Next week.
521
00:34:07,500 --> 00:34:10,199
Obviously, the more you regret, the
better our chances.
522
00:34:11,040 --> 00:34:14,739
And if we lose, it's better to die crazy
than sane. Yes.
523
00:34:15,900 --> 00:34:21,360
Listen, given that, I probably should
put in my goodbyes to people now, right?
524
00:34:21,920 --> 00:34:25,540
Assuming that by this time next week, I
may not even know who my friends are.
525
00:34:26,080 --> 00:34:27,420
How are you feeling now?
526
00:34:28,659 --> 00:34:29,659
Anxious, a little.
527
00:34:30,199 --> 00:34:31,199
Nervous, I guess.
528
00:34:32,400 --> 00:34:33,820
I'm not sure what from.
529
00:34:35,580 --> 00:34:39,380
I don't know if it's because I have come
off my medication or whether it's
530
00:34:39,380 --> 00:34:43,860
because I'm getting closer to a lethal
injection, but either way, it's worse
531
00:34:43,860 --> 00:34:44,860
than the root canal, isn't it?
532
00:34:45,659 --> 00:34:48,280
You already seem hyper.
533
00:34:49,000 --> 00:34:50,159
That's the first stage.
534
00:34:50,580 --> 00:34:53,860
You know, oddly, I talk a lot more in
the beginning, and then I become
535
00:34:53,860 --> 00:34:56,199
withdrawn. This is my nervous stage.
536
00:34:57,440 --> 00:35:01,920
The good news is that there is a
heightened clarity that comes with it,
537
00:35:01,920 --> 00:35:03,660
Okay.
538
00:35:05,080 --> 00:35:06,520
These are the documents.
539
00:35:07,260 --> 00:35:12,400
It's basically the same as a living
will. It expresses your intent not to be
540
00:35:12,400 --> 00:35:14,700
given the psychotropic drugs under any
circumstances.
541
00:35:15,220 --> 00:35:17,120
I need you to sign it and date it.
542
00:35:18,280 --> 00:35:19,280
Okay.
543
00:35:20,400 --> 00:35:21,480
Shouldn't this be notarized?
544
00:35:22,040 --> 00:35:25,960
It isn't necessary. If they argue you
lacked capacity, it just plays into our
545
00:35:25,960 --> 00:35:27,000
claim of incompetence.
546
00:35:28,280 --> 00:35:30,980
Okay. If we win, how are you going to
get me back on the drugs?
547
00:35:31,560 --> 00:35:32,980
Assuming I want to go back on the drugs.
548
00:35:37,190 --> 00:35:39,150
Why wouldn't you want to go back on the
drugs?
549
00:35:39,630 --> 00:35:43,210
Well, I have to admit, I feel dull.
550
00:35:44,550 --> 00:35:47,110
But you said when you really regressed.
551
00:35:47,330 --> 00:35:48,330
True, true.
552
00:35:48,510 --> 00:35:54,450
I guess what I would like is an
adjustment in the meds to keep me where
553
00:35:54,450 --> 00:35:57,190
now. I mean, this is a good state where
I am now.
554
00:35:57,790 --> 00:35:59,610
I feel more clear.
555
00:36:01,370 --> 00:36:03,210
Denise, first.
556
00:36:05,390 --> 00:36:06,890
Let's work on keeping you alive.
557
00:36:24,850 --> 00:36:25,850
Yuri's back.
558
00:36:26,330 --> 00:36:27,330
What?
559
00:36:28,390 --> 00:36:29,390
They have a verdict.
560
00:36:31,610 --> 00:36:32,610
What's wrong?
561
00:36:33,390 --> 00:36:36,710
They could never have computed the
damages in an hour. Which means?
562
00:36:37,670 --> 00:36:38,670
They didn't have to.
563
00:36:39,450 --> 00:36:40,670
They found no liability.
564
00:36:42,390 --> 00:36:47,010
Maybe they're just angry enough they
picked a big number and said screw them.
565
00:36:49,630 --> 00:36:50,630
Let's go.
566
00:37:14,990 --> 00:37:17,270
Members of the jury, you have reached a
verdict?
567
00:37:18,310 --> 00:37:21,670
We have, Your Honor. Your Honor, could I
have a two -minute recess? We have an
568
00:37:21,670 --> 00:37:23,250
offer we'd like to propose to the
plaintiff.
569
00:37:23,510 --> 00:37:28,110
Your timing is curious, Mr. Grundle.
Until that verdict is entered, this case
570
00:37:28,110 --> 00:37:29,110
isn't decided.
571
00:37:29,650 --> 00:37:30,650
It's Friday.
572
00:37:30,930 --> 00:37:32,410
I'm not bringing this jury back.
573
00:37:33,170 --> 00:37:34,170
You have two minutes.
574
00:37:43,920 --> 00:37:46,500
I'll confer with my client. It's got a
two -minute clock, Eugene.
575
00:37:47,000 --> 00:37:48,000
And it's final.
576
00:37:48,580 --> 00:37:49,580
Excuse me.
577
00:37:49,880 --> 00:37:50,880
Please.
578
00:37:57,160 --> 00:37:58,280
Don't anybody scream.
579
00:37:59,540 --> 00:38:01,220
1 .6 million.
580
00:38:04,520 --> 00:38:05,840
Why? What?
581
00:38:07,200 --> 00:38:10,360
He must have been authorized to settle
if he didn't like the faces of the jury.
582
00:38:11,000 --> 00:38:12,680
Something tells him we've won.
583
00:38:13,180 --> 00:38:16,400
And a verdict against them is too
devastating, even if it's overturned on
584
00:38:16,400 --> 00:38:19,900
appeal. Should we take it? It's a lot of
money.
585
00:38:21,480 --> 00:38:22,620
Let's take our chances.
586
00:38:22,920 --> 00:38:27,720
What? You said that they couldn't
possibly have computed damages so fast.
587
00:38:28,100 --> 00:38:32,500
Maybe they did pick a big fat number,
and if we got them, we'll let them off.
588
00:38:32,500 --> 00:38:36,100
.6 is a lot to walk away from. Not
enough to make them hurt.
589
00:38:36,720 --> 00:38:38,160
Excuse me one second.
590
00:38:43,120 --> 00:38:44,120
What are you doing?
591
00:38:44,320 --> 00:38:47,660
This is a verdict that could send a
message, Jimmy. We're this close. It's
592
00:38:47,660 --> 00:38:48,800
about sending a message.
593
00:38:49,040 --> 00:38:53,460
It's about getting a result for our
client. And 1 .6... The faces are not
594
00:38:53,640 --> 00:38:55,020
We don't know what those faces mean.
595
00:38:55,500 --> 00:38:57,800
I realize you may want to stick it to
the alcohol.
596
00:38:58,020 --> 00:39:00,380
I'm only thinking about the client. He's
got nothing. What is going on?
597
00:39:02,000 --> 00:39:03,000
We're divided.
598
00:39:03,200 --> 00:39:04,420
I think you should take it.
599
00:39:04,820 --> 00:39:06,240
Eugene votes to reject it.
600
00:39:07,200 --> 00:39:10,160
I have a feeling that's all I can say.
It's not a science.
601
00:39:14,540 --> 00:39:15,620
Let's hear what the jury says.
602
00:39:16,060 --> 00:39:17,240
Joshua. Eugene.
603
00:39:17,880 --> 00:39:22,420
If you want to make them pay, 1 .6 is a
drop in the bucket.
604
00:39:26,800 --> 00:39:27,800
Let's reject it.
605
00:39:38,820 --> 00:39:40,420
The offer is rejected, Your Honor.
606
00:39:41,020 --> 00:39:42,020
Very well.
607
00:39:42,420 --> 00:39:43,420
Mr. Foreman.
608
00:39:43,670 --> 00:39:44,670
What say you?
609
00:39:47,070 --> 00:39:51,410
In the matter of the estate of Michael
Berry v. Portis Brewery on the count of
610
00:39:51,410 --> 00:39:57,270
wrongful death, we, the jury, find in
favor of the plaintiff and order the
611
00:39:57,270 --> 00:40:00,970
defendant to pay compensatory damages in
the amount of $700 ,000.
612
00:40:02,630 --> 00:40:07,690
We further order the defendant to pay
punitive damages in the amount of $125
613
00:40:07,690 --> 00:40:08,690
million.
614
00:40:10,830 --> 00:40:13,110
Defense moves for a judgment
notwithstanding the verdict.
615
00:40:14,450 --> 00:40:15,870
Denied. We appeal.
616
00:40:16,610 --> 00:40:17,610
So noted.
617
00:40:18,270 --> 00:40:20,910
Members of the jury, thank you for your
service.
618
00:40:21,370 --> 00:40:24,830
You're excused. And this matter is
adjourned.
619
00:40:28,690 --> 00:40:35,510
This will be appealed.
620
00:40:35,910 --> 00:40:39,530
It'll be a long time before you see any
money but this.
621
00:40:40,940 --> 00:40:42,700
This is a good start.
622
00:40:43,480 --> 00:40:45,120
I don't know what to say.
623
00:40:46,100 --> 00:40:47,100
And do I.
624
00:41:09,610 --> 00:41:11,450
I tried to persuade her to come to the
visiting room.
625
00:41:11,850 --> 00:41:13,130
It's okay. Is she all right?
626
00:41:13,450 --> 00:41:18,390
I think so. She just doesn't want to
come out, and I didn't really want to
627
00:41:18,390 --> 00:41:19,390
her.
628
00:41:24,690 --> 00:41:25,690
Denise?
629
00:41:26,110 --> 00:41:31,750
Hi. I'm sorry. I didn't feel safe.
630
00:41:32,310 --> 00:41:37,470
I know it's not rational, and I realize
that I am just a couple of pills away
631
00:41:37,470 --> 00:41:38,970
from feeling better, but...
632
00:41:39,420 --> 00:41:43,600
Even so, do you mind? I just feel more
comfortable in here. No problem.
633
00:41:44,100 --> 00:41:45,100
What's the news?
634
00:41:45,280 --> 00:41:48,800
There is no news. I just came by to tell
you that all the doctors are lined up,
635
00:41:48,860 --> 00:41:54,580
the appeal is being drafted, and we're
ready to file as soon as... As soon as I
636
00:41:54,580 --> 00:41:55,580
arrive at my destination?
637
00:41:56,440 --> 00:41:57,440
Basically.
638
00:41:57,760 --> 00:41:58,760
How are you doing?
639
00:41:58,780 --> 00:42:00,060
I'm okay. I'm okay.
640
00:42:00,720 --> 00:42:04,560
I'm heading into that... I don't feel
like being inside my skin part, but I'm
641
00:42:04,560 --> 00:42:05,560
all right.
642
00:42:05,680 --> 00:42:08,790
Listen. I'm going to stop by daily and
check up on you, okay?
643
00:42:11,830 --> 00:42:14,010
You know where to find me. I don't
travel much.
644
00:42:14,890 --> 00:42:16,550
This as well is not safe, is it?
53772
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