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1
00:00:08,297 --> 00:00:10,464
Rosenberg? You guys involved in this one?
2
00:00:10,466 --> 00:00:12,933
Yeah, well, the guy's
a postal worker, right?
3
00:00:12,935 --> 00:00:14,801
That makes him a federal employee.
4
00:00:14,803 --> 00:00:17,204
That makes this potentially
a capital crime.
5
00:00:17,206 --> 00:00:19,973
Well, it's not like
he was delivering the mail
6
00:00:19,975 --> 00:00:22,709
when it happened. When we hear
that one of our federal employees
7
00:00:22,711 --> 00:00:25,979
and his family have been a victim
of arson, rape and murder,
8
00:00:25,981 --> 00:00:28,929
we like to stick our nose in,
see what's what.
9
00:00:29,852 --> 00:00:31,723
Want to give me a tour?
10
00:00:35,599 --> 00:00:37,732
That's the husband and wife.
11
00:00:37,734 --> 00:00:40,168
Not sure if you can
tell, but she's naked.
12
00:00:40,170 --> 00:00:42,203
Both tied to those chairs.
13
00:00:42,205 --> 00:00:44,172
In addition to burning to death,
14
00:00:44,174 --> 00:00:47,775
we believe there are multiple
stab wounds on both victims.
15
00:00:47,777 --> 00:00:49,377
Won't be sure for a while.
16
00:00:49,379 --> 00:00:51,994
Can't really handle the
bodies in this state.
17
00:00:54,121 --> 00:00:55,683
So, what do we know?
18
00:00:55,685 --> 00:00:57,685
Silver Ford Explorer
missing from the driveway.
19
00:00:57,687 --> 00:00:59,821
We've got an APB out
across the entire state.
20
00:00:59,823 --> 00:01:01,856
- He stole their car?
- You think the guy's
21
00:01:01,858 --> 00:01:03,558
stupid enough to still be driving it?
22
00:01:03,560 --> 00:01:05,360
Takes all kinds of stupid
to make a world.
23
00:01:06,175 --> 00:01:07,862
What else we got? What's with the bike?
24
00:01:07,864 --> 00:01:09,864
12-year-old daughter.
25
00:01:09,866 --> 00:01:11,165
She wasn't home.
26
00:01:11,167 --> 00:01:13,265
At a friend's for a sleepover.
27
00:01:13,970 --> 00:01:16,304
Only silver lining.
28
00:01:28,585 --> 00:01:31,419
You, silver Explorer, pull over.
29
00:01:37,460 --> 00:01:40,028
Put your hands where I can see 'em!
30
00:01:40,030 --> 00:01:41,729
Do it now!
31
00:01:48,505 --> 00:01:51,806
Okay, now, I need to see your
license and registration.
32
00:01:51,808 --> 00:01:53,931
Your license in your pocket?
33
00:01:54,711 --> 00:01:56,481
Okay, you can reach for it.
34
00:01:56,483 --> 00:01:58,413
No sudden moves.
35
00:02:04,788 --> 00:02:06,735
Put your hands on the steering wheel.
36
00:02:10,894 --> 00:02:12,594
Elliot Miles?
37
00:02:12,596 --> 00:02:14,451
You call this in.
38
00:02:15,832 --> 00:02:17,287
The hell is this?
39
00:02:40,790 --> 00:02:41,990
Hey.
40
00:02:41,992 --> 00:02:44,092
- Ah.
- Sorry to keep you waiting.
41
00:02:44,856 --> 00:02:46,427
I saw you kissing that teenager.
42
00:02:46,429 --> 00:02:48,563
You know, that's against
the law in this country,
43
00:02:48,565 --> 00:02:50,198
and most other civilized societies
44
00:02:50,200 --> 00:02:51,499
around the world, for that matter.
45
00:02:51,501 --> 00:02:52,867
Ah, right, right.
46
00:02:52,869 --> 00:02:56,371
No, she is 34. I know she looks younger.
47
00:02:56,373 --> 00:02:58,203
Said Jerry Lee Lewis to the judge.
48
00:02:58,205 --> 00:02:59,874
No, no, no.
49
00:02:59,876 --> 00:03:02,777
We, uh... we met at the airport
50
00:03:02,779 --> 00:03:04,445
over Thanksgiving.
51
00:03:04,447 --> 00:03:07,181
Just got back in touch
a couple weeks ago.
52
00:03:07,183 --> 00:03:08,433
And for you, sir?
53
00:03:08,435 --> 00:03:10,184
I'll have what he's having.
54
00:03:10,186 --> 00:03:13,588
So... what are we doing here?
55
00:03:13,590 --> 00:03:17,058
Huh? What was so urgent
that you had to tear me away
56
00:03:17,060 --> 00:03:19,293
from my life of nomadic introspection
57
00:03:19,295 --> 00:03:20,383
and years of sexual depravity?
58
00:03:20,385 --> 00:03:22,463
Well, it's, uh...
59
00:03:22,465 --> 00:03:24,999
it's good news... I think.
60
00:03:25,001 --> 00:03:28,569
Just not the kind of news
you discuss in the office.
61
00:03:28,571 --> 00:03:29,793
Oh.
62
00:03:30,640 --> 00:03:32,112
My sister...
63
00:03:32,709 --> 00:03:34,573
she's getting remarried.
64
00:03:37,659 --> 00:03:41,616
Which means you, my friend,
are off the hook.
65
00:03:42,141 --> 00:03:43,851
No more alimony,
66
00:03:43,853 --> 00:03:46,195
no more rent on that Tribeca co-op.
67
00:03:46,196 --> 00:03:48,396
You are a free man.
68
00:03:48,398 --> 00:03:50,297
Financially speaking.
69
00:03:56,178 --> 00:03:57,839
She's been...
70
00:03:57,841 --> 00:04:00,942
meaning to tell you for a month or so.
71
00:04:01,516 --> 00:04:03,978
That's why she left you
all those phone messages.
72
00:04:05,048 --> 00:04:06,772
But then she chickened out.
73
00:04:07,050 --> 00:04:10,452
And here I am, the bearer of...
74
00:04:10,454 --> 00:04:13,388
whatever kind of news you think it is.
75
00:04:14,738 --> 00:04:15,757
That's great.
76
00:04:15,759 --> 00:04:17,699
I'm happy for her. Really.
77
00:04:18,395 --> 00:04:21,329
No, I... knew you would be.
78
00:04:23,330 --> 00:04:25,400
So, where'd your girlfriend go?
79
00:04:27,084 --> 00:04:30,004
At a wine bar, right down the street.
80
00:04:31,786 --> 00:04:33,298
What are you doing here?
81
00:04:34,549 --> 00:04:36,244
Talking to you.
82
00:04:37,844 --> 00:04:40,491
Now, get out of here.
Go see your girlfriend.
83
00:04:40,722 --> 00:04:42,951
It's getting late... you don't
want her to miss her curfew.
84
00:04:42,953 --> 00:04:43,975
Mm-hmm.
85
00:05:00,504 --> 00:05:02,003
Hello?
86
00:05:02,005 --> 00:05:03,471
Jason?
87
00:05:06,109 --> 00:05:07,475
Of course.
88
00:05:07,477 --> 00:05:10,078
I'll-I'll get there as quickly as I can.
89
00:05:15,051 --> 00:05:17,786
Oh-ho-ho-ho! God.
90
00:05:27,097 --> 00:05:28,663
Sorry.
91
00:05:32,969 --> 00:05:34,443
Thanks.
92
00:05:39,656 --> 00:05:41,309
There, you want that back?
93
00:05:41,311 --> 00:05:43,745
You don't want that back.
94
00:05:49,853 --> 00:05:51,386
Thank you.
95
00:05:57,994 --> 00:06:00,261
You got somebody picking you up?
96
00:06:00,677 --> 00:06:03,221
I can... give you
a ride home, if you need.
97
00:06:07,471 --> 00:06:09,037
Hmm.
98
00:06:09,840 --> 00:06:11,172
Well...
99
00:06:11,174 --> 00:06:13,356
you know...
100
00:06:14,544 --> 00:06:17,045
if you ever need anything...
101
00:06:17,047 --> 00:06:19,571
you just give me a call.
102
00:06:22,452 --> 00:06:24,452
Elliot Miles?
103
00:06:24,454 --> 00:06:26,588
The interpreter's on his way.
104
00:06:27,204 --> 00:06:30,158
Officer's gonna walk you
back for questioning.
105
00:06:35,545 --> 00:06:37,065
He doesn't speak English?
106
00:06:37,067 --> 00:06:38,900
He doesn't speak anything.
107
00:06:38,902 --> 00:06:40,468
You Jason Bull?
108
00:06:41,134 --> 00:06:42,971
Someone has to be.
109
00:06:42,973 --> 00:06:45,640
Congratulations. You've made bail.
110
00:06:46,807 --> 00:06:48,476
Thank you for doing that.
111
00:06:48,478 --> 00:06:50,345
No problem.
112
00:06:53,517 --> 00:06:55,917
Criminal mischief in the fourth degree?
113
00:06:55,919 --> 00:06:58,052
Yeah, it sounds worse than it is.
114
00:06:59,069 --> 00:07:00,822
I got in a fight with one
of those vending machines
115
00:07:00,824 --> 00:07:02,557
that sells you bottles of water.
116
00:07:02,559 --> 00:07:05,693
I gave it three dollars,
and all it did was laugh at me.
117
00:07:05,695 --> 00:07:06,794
So you kicked it?
118
00:07:06,796 --> 00:07:08,096
Kicked it till you broke it?
119
00:07:08,098 --> 00:07:10,298
Well, the only other bills
I had were twenties,
120
00:07:10,300 --> 00:07:12,300
and I wasn't gonna put one of those in.
121
00:07:12,302 --> 00:07:13,668
When did human beings
122
00:07:13,670 --> 00:07:15,436
start selling water
to each other, anyway?
123
00:07:15,438 --> 00:07:17,672
It falls from the sky. No one owns it.
124
00:07:17,674 --> 00:07:20,542
When I was a kid, it was
something you offered people.
125
00:07:20,544 --> 00:07:22,377
I'm worried about you.
126
00:07:22,379 --> 00:07:24,579
I'm fine.
127
00:07:25,782 --> 00:07:27,181
I'm fine.
128
00:07:27,183 --> 00:07:28,650
You know what? You're not.
129
00:07:28,652 --> 00:07:32,020
When I met you, you were ambitious and...
130
00:07:32,022 --> 00:07:34,088
focused and d-disciplined.
131
00:07:34,090 --> 00:07:37,659
My God, I never met anyone
with more discipline.
132
00:07:38,275 --> 00:07:39,327
Last couple of years, though...
133
00:07:39,329 --> 00:07:41,278
Izzy's getting remarried.
134
00:07:45,735 --> 00:07:47,335
Okay.
135
00:07:48,972 --> 00:07:50,638
I'm sorry.
136
00:07:51,288 --> 00:07:52,874
But she wasn't getting married yesterday,
137
00:07:52,876 --> 00:07:54,208
or last month,
138
00:07:54,210 --> 00:07:55,543
- or...
- Well, apparently she was,
139
00:07:55,545 --> 00:07:57,345
'cause everybody knew about it except me.
140
00:07:57,347 --> 00:07:58,746
You're changing the subject.
141
00:07:58,748 --> 00:08:02,083
You used to be a citizen of the world.
142
00:08:02,085 --> 00:08:05,320
You never met a person you
didn't find fascinating.
143
00:08:05,760 --> 00:08:08,122
But lately you live in your head...
144
00:08:08,124 --> 00:08:09,791
for an audience of one.
145
00:08:09,793 --> 00:08:12,478
I mean, every day, I see
you checking your watch
146
00:08:12,480 --> 00:08:14,696
to see if it's late enough
to have your first drink.
147
00:08:14,698 --> 00:08:18,366
And if it's not that,
it's how long until lunch.
148
00:08:18,368 --> 00:08:21,102
You sleep in your office.
149
00:08:21,104 --> 00:08:23,805
Your clothes don't fit.
150
00:08:24,975 --> 00:08:28,509
I think you are an amazing person, Jason,
151
00:08:28,511 --> 00:08:31,813
but I am tired of worrying about you.
152
00:08:31,815 --> 00:08:33,815
Pitying you.
153
00:08:36,374 --> 00:08:38,820
I want to admire you again.
154
00:08:55,986 --> 00:08:58,652
_
155
00:09:15,925 --> 00:09:19,042
You probably think I'm here
to return your handkerchief.
156
00:09:19,562 --> 00:09:21,496
My name's Dr. Jason Bull,
157
00:09:21,498 --> 00:09:23,598
and I run a trial science company,
158
00:09:23,600 --> 00:09:26,501
it's a kind of law office...
we help people.
159
00:09:26,967 --> 00:09:29,237
And it occurred to me
after I left here...
160
00:09:30,011 --> 00:09:31,973
you might need help.
161
00:09:32,639 --> 00:09:34,108
I know the idea of being represented
162
00:09:34,110 --> 00:09:37,712
by someone you met in jail
sounds... unconventional,
163
00:09:37,714 --> 00:09:40,355
but I guarantee you I am...
164
00:09:40,784 --> 00:09:43,151
great at what I do.
165
00:09:43,692 --> 00:09:45,753
Nonetheless...
166
00:09:46,653 --> 00:09:48,256
the government...
167
00:09:48,697 --> 00:09:50,391
wants to execute you...
168
00:09:51,484 --> 00:09:53,994
and I would like to make sure
that doesn't happen.
169
00:09:55,453 --> 00:09:57,789
But there's one thing I need to know.
170
00:10:00,750 --> 00:10:02,127
Did you do it?
171
00:10:07,215 --> 00:10:09,043
Good answer.
172
00:10:09,045 --> 00:10:17,052
Synced & corrected by -robtor-
www.addic7ed.com
173
00:10:21,933 --> 00:10:23,341
Everybody know who this is?
174
00:10:23,595 --> 00:10:25,194
Isn't that the guy accused
of raping that woman
175
00:10:25,196 --> 00:10:27,130
and burning her and her husband
to death in Brooklyn?
176
00:10:27,132 --> 00:10:29,265
It is. He's also our newest client.
177
00:10:29,267 --> 00:10:30,967
His name is Elliot Miles.
178
00:10:30,969 --> 00:10:32,835
Yeah, heard on the news
that they're prosecuting
179
00:10:32,837 --> 00:10:35,004
this case as a capital crime.
180
00:10:35,006 --> 00:10:37,440
Feds are looking for the death penalty.
181
00:10:37,996 --> 00:10:40,276
How did Bull get roped into this one?
182
00:10:40,278 --> 00:10:42,011
Some hotshot attorney put the arm on him?
183
00:10:42,013 --> 00:10:47,050
No. Apparently, Bull and Elliot
actually know each other.
184
00:10:47,797 --> 00:10:50,269
And according to this 20-page e-mail
185
00:10:50,271 --> 00:10:52,430
he sent me late this morning,
186
00:10:52,432 --> 00:10:54,123
Bull believes he's innocent.
187
00:10:54,125 --> 00:10:56,859
Based on everything I'm reading,
he's the only one.
188
00:10:57,525 --> 00:10:58,928
Wait a second.
189
00:10:58,930 --> 00:11:01,330
If he wasn't brought into this
case by the kid's attorney,
190
00:11:01,332 --> 00:11:02,732
then who's the kid's attorney?
191
00:11:03,897 --> 00:11:06,803
I believe that would be
the esteemed Benjamin Colón.
192
00:11:08,151 --> 00:11:10,106
I'm trying a death penalty case?
193
00:11:10,108 --> 00:11:11,741
Certainly appears that way.
194
00:11:11,743 --> 00:11:13,876
Oh...
195
00:11:13,878 --> 00:11:15,660
Okay, well,
196
00:11:15,662 --> 00:11:17,947
according to the papers,
the kid works in construction.
197
00:11:17,949 --> 00:11:19,449
Lives in Astoria.
198
00:11:19,451 --> 00:11:22,251
Got pulled over for driving a stolen SUV,
199
00:11:22,253 --> 00:11:25,688
which, turns out,
belongs to the murdered couple.
200
00:11:25,690 --> 00:11:27,623
None of this sounds good.
201
00:11:27,625 --> 00:11:29,759
What does Bull know
that the papers don't?
202
00:11:29,761 --> 00:11:32,128
According to Bull's notes,
Elliot bought the car
203
00:11:32,130 --> 00:11:35,331
two days after the murders. $600 cash.
204
00:11:35,333 --> 00:11:36,699
He was standing at a bus stop
205
00:11:36,701 --> 00:11:39,202
and a guy pulled over
and offered to sell it to him.
206
00:11:39,204 --> 00:11:41,270
No paperwork, just money for keys.
207
00:11:41,272 --> 00:11:43,606
- And Bull believes that?
- According to this e-mail.
208
00:11:43,608 --> 00:11:47,778
He says he sat with Elliot for two hours.
209
00:11:47,780 --> 00:11:49,779
We get a description
of this generous fellow
210
00:11:49,781 --> 00:11:51,948
who hands out
three-year-old cars for $600?
211
00:11:51,950 --> 00:11:54,550
White male, brown hair,
average height and build.
212
00:11:54,552 --> 00:11:56,586
Wow. That's what,
213
00:11:56,588 --> 00:11:57,794
200 million people?
214
00:11:57,796 --> 00:11:59,989
Also, he was wearing a ring,
a class ring.
215
00:11:59,991 --> 00:12:01,224
It had a green stone.
216
00:12:01,226 --> 00:12:02,391
Oh. Well, there you go.
217
00:12:02,393 --> 00:12:04,127
Now we're dealing with 50 million people.
218
00:12:04,129 --> 00:12:06,362
Does he at least have an alibi?
219
00:12:06,364 --> 00:12:08,131
It's pretty weak.
220
00:12:08,133 --> 00:12:11,667
He left the jobsite at 5:30 to
run some errands for his boss.
221
00:12:11,669 --> 00:12:13,936
Says he was done with those by 6:30.
222
00:12:13,938 --> 00:12:16,773
Ate something and took
a subway ride home to Queens.
223
00:12:16,775 --> 00:12:19,142
His girlfriend says he walked
through the front door
224
00:12:19,144 --> 00:12:20,710
a little after 8:00.
225
00:12:21,141 --> 00:12:23,579
The fire was set around 7:30.
226
00:12:23,581 --> 00:12:26,449
But that was in Brooklyn,
a 20-minute subway ride away.
227
00:12:26,451 --> 00:12:28,117
So theoretically, he could have done it.
228
00:12:28,119 --> 00:12:30,787
It would have been a sprint,
but he could have done it.
229
00:12:30,789 --> 00:12:32,822
By the way, Bull wants
230
00:12:32,824 --> 00:12:34,857
to get the girlfriend
in here for you to prep.
231
00:12:35,682 --> 00:12:37,794
- Okay.
- Here is the address
232
00:12:37,796 --> 00:12:40,972
of the bus stop where Elliot
bought the dead couple's SUV.
233
00:12:40,974 --> 00:12:42,463
- Danny.
- Mm?
234
00:12:42,465 --> 00:12:43,766
Bull would like you to go down there.
235
00:12:43,768 --> 00:12:45,739
See if anybody saw anything.
236
00:12:45,740 --> 00:12:48,074
And Cable, see if anybody
within a three-block radius
237
00:12:48,076 --> 00:12:49,175
has any cameras.
238
00:12:49,177 --> 00:12:50,810
Anything that can help us pinpoint
239
00:12:50,812 --> 00:12:54,113
what time Elliot took
possession of that SUV.
240
00:12:54,115 --> 00:12:56,132
Not to mention, maybe giving us a picture
241
00:12:56,134 --> 00:12:57,483
of the guy who sold it to him.
242
00:12:57,485 --> 00:12:58,684
Done and done.
243
00:12:58,686 --> 00:12:59,919
And one more thing.
244
00:12:59,921 --> 00:13:01,854
They haven't mentioned it
in the news reports,
245
00:13:01,856 --> 00:13:03,523
but Elliot is mute.
246
00:13:03,525 --> 00:13:06,158
Mute? As in can't talk?
247
00:13:06,160 --> 00:13:08,266
But Bull said
he spent two hours with him?
248
00:13:08,268 --> 00:13:10,539
He can hear. He writes his answers.
249
00:13:10,541 --> 00:13:12,131
- And can sign.
- Sounds like
250
00:13:12,133 --> 00:13:13,199
he'll make a hell of a witness
251
00:13:13,201 --> 00:13:15,234
if we decide to put him on the stand.
252
00:13:15,236 --> 00:13:19,305
Sounds like the boss is acting
a tad impetuously on this one.
253
00:13:19,307 --> 00:13:20,972
I'm glad you said it.
254
00:13:20,974 --> 00:13:22,708
I'm sensing some dissension in the ranks.
255
00:13:22,710 --> 00:13:24,377
Well, get it out of your systems today
256
00:13:24,379 --> 00:13:25,737
because he's gonna be in the office
257
00:13:25,739 --> 00:13:27,280
bright and early tomorrow morning.
258
00:13:43,932 --> 00:13:45,398
Bull?
259
00:13:45,400 --> 00:13:47,833
Yes, Marissa?
260
00:13:47,835 --> 00:13:49,302
Um, you look...
261
00:13:49,304 --> 00:13:51,137
uh, different, um...
262
00:13:51,139 --> 00:13:52,607
Good different.
263
00:13:52,647 --> 00:13:53,746
Well, I bought a new suit.
264
00:13:53,748 --> 00:13:54,780
One that fits.
265
00:13:54,782 --> 00:13:56,515
Slept eight hours. In a row.
266
00:13:56,517 --> 00:13:57,516
In my apartment.
267
00:13:57,518 --> 00:13:59,084
And went a whole day without a drink.
268
00:13:59,447 --> 00:14:01,186
Okay.
269
00:14:02,690 --> 00:14:04,823
Look, yesterday morning,
270
00:14:04,825 --> 00:14:07,693
I-I may have said some things.
271
00:14:07,695 --> 00:14:08,761
You did.
272
00:14:09,123 --> 00:14:11,096
And I needed to hear them.
273
00:14:12,900 --> 00:14:14,967
I don't want to be someone
you worry about.
274
00:14:15,546 --> 00:14:17,303
I want to be someone you admire.
275
00:14:17,305 --> 00:14:18,837
But I do admire you.
276
00:14:18,839 --> 00:14:20,139
I always have, I always will.
277
00:14:20,141 --> 00:14:23,409
Well, I haven't always admired me.
278
00:14:23,411 --> 00:14:24,643
Not lately.
279
00:14:24,645 --> 00:14:26,312
But I'm determined to change that
280
00:14:26,314 --> 00:14:28,147
and I think a big part of that
281
00:14:28,149 --> 00:14:31,784
is sinking our teeth into
something of consequence,
282
00:14:31,786 --> 00:14:34,353
something that matters.
283
00:14:34,355 --> 00:14:37,022
And defending Elliot Miles is just that.
284
00:14:38,611 --> 00:14:40,726
- Is the team excited?
- Wha... I...
285
00:14:41,214 --> 00:14:43,762
think everyone is a little overwhelmed.
286
00:14:43,764 --> 00:14:45,965
And plus, I'm not you. I'm not sure
287
00:14:45,967 --> 00:14:48,233
I was able to convey your...
288
00:14:48,235 --> 00:14:50,235
enthusiasm.
289
00:14:50,237 --> 00:14:52,204
I think they really
need to hear from you.
290
00:14:52,583 --> 00:14:54,039
Let's talk capital murder.
291
00:14:54,585 --> 00:14:56,542
Capital murder cases are unique
292
00:14:56,544 --> 00:14:57,977
in two special ways. For one,
293
00:14:57,979 --> 00:15:01,547
the entire jury has to be
“death-qualified.”
294
00:15:01,549 --> 00:15:03,282
Death-qualified?
295
00:15:03,284 --> 00:15:04,616
Well, that sounds morbid.
296
00:15:04,618 --> 00:15:05,851
What does it mean?
297
00:15:05,853 --> 00:15:07,152
It means that during voir dire,
298
00:15:07,154 --> 00:15:09,822
the judge won't even
consider seating a juror
299
00:15:09,824 --> 00:15:12,391
if they haven't already
assured him or her
300
00:15:12,393 --> 00:15:14,893
that they're willing to
convict our client to death.
301
00:15:14,895 --> 00:15:16,962
Uh, you said there were two differences.
302
00:15:16,964 --> 00:15:18,964
Well, there are potentially
303
00:15:18,966 --> 00:15:20,499
two parts of this trial.
304
00:15:20,501 --> 00:15:22,935
The first part is the
typical criminal case,
305
00:15:22,937 --> 00:15:24,737
adjudicating innocence or guilt.
306
00:15:24,739 --> 00:15:27,339
Then, if the client is found guilty,
307
00:15:27,341 --> 00:15:28,540
there's the penalty phase.
308
00:15:28,542 --> 00:15:29,875
And that's the second part.
309
00:15:29,877 --> 00:15:33,746
And the jury, not the judge,
decides the sentence.
310
00:15:33,748 --> 00:15:35,647
And there are only two choices.
311
00:15:35,649 --> 00:15:37,716
Death or life in prison.
312
00:15:38,285 --> 00:15:39,551
And just in case
313
00:15:39,553 --> 00:15:42,121
you were wondering,
we get the same jury for both.
314
00:15:42,123 --> 00:15:44,156
You really are a glutton
for punishment, aren't you?
315
00:15:44,158 --> 00:15:47,092
I just think I'm pretty good
at reading people.
316
00:15:47,094 --> 00:15:49,094
They say this kid's a rapist.
317
00:15:49,096 --> 00:15:50,696
Followed this woman home.
318
00:15:50,698 --> 00:15:52,865
Did what he wanted to do
with her and then,
319
00:15:52,867 --> 00:15:54,433
when her husband surprised them,
320
00:15:54,435 --> 00:15:57,069
he somehow tied them both up
and set the place on fire
321
00:15:57,071 --> 00:15:58,237
to cover his tracks. Okay.
322
00:15:58,239 --> 00:16:00,305
If you say so.
323
00:16:00,307 --> 00:16:01,774
And then he stole their car.
324
00:16:01,776 --> 00:16:03,742
The guy who just torched the place
325
00:16:03,744 --> 00:16:06,311
so you wouldn't know it was him.
326
00:16:06,313 --> 00:16:07,379
Okay.
327
00:16:07,381 --> 00:16:08,680
If that's what you're selling.
328
00:16:09,869 --> 00:16:10,983
The same kid
329
00:16:10,985 --> 00:16:12,951
offered me his handkerchief
330
00:16:12,953 --> 00:16:15,354
after I puked all over myself
the other night.
331
00:16:15,356 --> 00:16:17,589
Offered me a piece of gum.
332
00:16:18,002 --> 00:16:19,958
Offered me a smile.
333
00:16:22,343 --> 00:16:24,129
He didn't know who I was.
334
00:16:24,550 --> 00:16:25,431
He just did it.
335
00:16:25,433 --> 00:16:28,801
So I just don't... see it.
336
00:16:28,803 --> 00:16:30,969
Now I sense that some of you think
337
00:16:30,971 --> 00:16:33,238
getting involved with
this is a fool's errand.
338
00:16:33,976 --> 00:16:36,542
Well... all right,
339
00:16:36,544 --> 00:16:40,279
so be it, but it's your fault
for choosing to work for a fool.
340
00:16:41,582 --> 00:16:44,716
There is nothing that proves
Elliot is guilty.
341
00:16:44,718 --> 00:16:47,119
Ladies and gentlemen,
in the trial of Elliot Miles,
342
00:16:47,121 --> 00:16:49,621
the federal government
is seeking the death penalty.
343
00:16:49,623 --> 00:16:52,357
Before I can seat you, I need
to know that you are capable
344
00:16:52,359 --> 00:16:54,359
and willing to vote
for such a punishment.
345
00:16:54,361 --> 00:16:56,395
Who here has a religious
or moral objection
346
00:16:56,397 --> 00:16:57,763
to the death penalty?
347
00:16:59,333 --> 00:17:00,461
Keep your hands up.
348
00:17:00,835 --> 00:17:02,301
These jurors are dismissed.
349
00:17:02,303 --> 00:17:05,003
No matter who we're left with,
we need to find jurors
350
00:17:05,005 --> 00:17:08,574
who are prone
to reduced emotional reactivity.
351
00:17:08,576 --> 00:17:11,210
People who are more likely to
weigh the facts, not be clouded
352
00:17:11,212 --> 00:17:13,479
by the horror of the crime.
353
00:17:13,481 --> 00:17:16,648
Even if the evidence says
it's possible Elliot did this,
354
00:17:16,650 --> 00:17:19,618
they will see it's
not impossible that he didn't.
355
00:17:19,620 --> 00:17:21,386
Creating reasonable doubt.
356
00:17:22,066 --> 00:17:24,323
Okay. Well, how do we find these people?
357
00:17:24,325 --> 00:17:26,291
It's actually fairly simple.
358
00:17:26,293 --> 00:17:28,594
We ask about important moments
in their lives,
359
00:17:28,596 --> 00:17:30,767
emotionally charged moments.
360
00:17:30,769 --> 00:17:32,965
People with reduced emotional reactivity
361
00:17:32,967 --> 00:17:36,368
will talk about births,
deaths, weddings, divorces
362
00:17:36,370 --> 00:17:38,670
in a clinical and detached fashion.
363
00:17:38,672 --> 00:17:42,641
So they're...
actually pretty easy to spot.
364
00:17:42,643 --> 00:17:44,810
Do you mind if I ask, has anyone here
365
00:17:44,812 --> 00:17:47,546
recently lost a family member?
366
00:17:49,051 --> 00:17:51,650
Do you feel comfortable
talking about your loss?
367
00:17:51,652 --> 00:17:52,885
- Sure.
- Okay.
368
00:17:52,887 --> 00:17:55,320
- Uh, who was it that passed?
- My father.
369
00:17:55,322 --> 00:17:57,856
About six months ago.
370
00:17:58,227 --> 00:18:00,192
Worst experience of my life.
371
00:18:00,194 --> 00:18:02,895
Watching him waste away.
372
00:18:05,132 --> 00:18:06,565
Uh, Your Honor,
373
00:18:06,567 --> 00:18:09,034
we'd like to, uh, dismiss this juror.
374
00:18:09,036 --> 00:18:11,770
We want people who keep
their emotions in check.
375
00:18:11,772 --> 00:18:13,906
We're looking for limited gesturing,
376
00:18:13,908 --> 00:18:15,908
restrained facial expressions,
377
00:18:15,910 --> 00:18:17,342
and definitely...
378
00:18:17,344 --> 00:18:19,111
no criers.
379
00:18:19,113 --> 00:18:22,214
Describe the best day of your life.
380
00:18:22,216 --> 00:18:23,415
Oh, my God.
381
00:18:23,417 --> 00:18:25,450
My wedding day.
382
00:18:25,452 --> 00:18:27,753
My husband was a dancing machine
383
00:18:27,755 --> 00:18:29,721
and a drinking machine.
384
00:18:29,723 --> 00:18:31,423
And then he fell into the pool
385
00:18:31,425 --> 00:18:32,624
doing the Electric Slide,
386
00:18:32,626 --> 00:18:34,927
and then he was good for nothing.
387
00:18:34,929 --> 00:18:38,697
But still, it was an amazing day.
388
00:18:39,900 --> 00:18:43,235
Divorce. The greatest day of my life.
389
00:18:43,773 --> 00:18:45,671
You know that joke?
390
00:18:45,673 --> 00:18:47,439
Why is divorce so expensive?
391
00:18:47,441 --> 00:18:48,874
'Cause it's worth it.
392
00:18:48,876 --> 00:18:51,310
Oh. I thought of a better day.
393
00:18:51,312 --> 00:18:53,812
The day my ex got remarried.
394
00:18:54,450 --> 00:18:55,814
Bingo.
395
00:18:55,816 --> 00:18:57,716
Like winning the Lotto.
396
00:18:59,330 --> 00:19:02,521
Your Honor, we'd like
to dismiss this juror also.
397
00:19:02,523 --> 00:19:05,057
Man's on a cuttin' frenzy.
Kind of looks that way.
398
00:19:05,059 --> 00:19:06,592
Bull, I know you know this,
399
00:19:06,594 --> 00:19:08,509
but we're running low on strikes.
400
00:19:08,511 --> 00:19:11,230
Now, is anyone else here
recently divorced?
401
00:19:12,266 --> 00:19:14,066
Ah. Would you mind
402
00:19:14,068 --> 00:19:15,834
if I asked what happened?
403
00:19:15,836 --> 00:19:17,836
It was...
404
00:19:18,266 --> 00:19:19,938
He was cheating.
405
00:19:19,940 --> 00:19:21,940
Sounds good. Calm, contained.
406
00:19:21,942 --> 00:19:24,910
You can't see it, but... look at her jaw.
407
00:19:25,731 --> 00:19:27,546
She's flexing her jaw.
408
00:19:27,548 --> 00:19:29,314
Bull, no. She's good for us.
409
00:19:29,316 --> 00:19:30,983
She's one of our only women left,
410
00:19:30,985 --> 00:19:33,819
and women are far less likely
to impose the death penalty.
411
00:19:33,821 --> 00:19:35,721
But we won't have to worry
about the death penalty
412
00:19:35,723 --> 00:19:38,257
if we find jurors who won't
convict him in the first place.
413
00:19:41,629 --> 00:19:42,828
Please, Bull.
414
00:19:42,830 --> 00:19:45,063
If I've told you once,
I've told you a hundred times,
415
00:19:45,065 --> 00:19:47,466
voir dire is not about
jury selection, it's about
416
00:19:47,468 --> 00:19:48,600
jury de-selection.
417
00:19:48,602 --> 00:19:50,802
And then this woman is forcing herself
418
00:19:50,804 --> 00:19:53,805
to be dispassionate, using
every bit of restraint she has.
419
00:19:53,807 --> 00:19:55,540
But it is not her natural state.
420
00:19:55,542 --> 00:19:58,577
Inside she's a cauldron of rage,
421
00:19:58,579 --> 00:20:00,078
and I can't give her the opportunity
422
00:20:00,080 --> 00:20:01,313
to vent that rage on Elliot.
423
00:20:02,018 --> 00:20:03,515
I'd rather take my chances
on the possibility
424
00:20:03,517 --> 00:20:06,518
that the remaining jurors might
be able to see his innocence
425
00:20:06,520 --> 00:20:09,087
than the virtual certainty
that this woman
426
00:20:09,089 --> 00:20:11,957
will send our client... away for life,
427
00:20:11,959 --> 00:20:14,196
regardless of gender.
428
00:20:17,231 --> 00:20:18,964
Please, Bull.
429
00:20:20,453 --> 00:20:23,135
Your Honor, we would like
to strike this juror.
430
00:20:30,421 --> 00:20:32,344
Ladies and gentlemen, the prosecution
431
00:20:32,346 --> 00:20:34,012
and the defense are out of peremptories.
432
00:20:34,014 --> 00:20:36,181
The next eight jurors on the roster
433
00:20:36,183 --> 00:20:38,050
will fill the remaining seats.
434
00:20:38,052 --> 00:20:40,052
Prospective jurors 11 through 19,
435
00:20:40,054 --> 00:20:41,953
welcome to the jury.
436
00:20:41,955 --> 00:20:44,523
- What the hell is he doing?
- I have no idea.
437
00:20:44,525 --> 00:20:47,159
See you all tomorrow
for opening statements.
438
00:21:05,467 --> 00:21:08,654
_
439
00:21:26,424 --> 00:21:28,557
Figured you might be here.
440
00:21:28,559 --> 00:21:30,359
Oh. Well...
441
00:21:30,361 --> 00:21:33,496
had an early morning meeting
with the prosecutor.
442
00:21:33,498 --> 00:21:35,564
Meant to tell you about it,
443
00:21:35,566 --> 00:21:37,933
but you left in such a huff last night.
444
00:21:37,935 --> 00:21:40,803
I have a... cell phone.
445
00:21:40,805 --> 00:21:42,113
I have e-mail.
446
00:21:42,113 --> 00:21:44,080
Me, too. Uh, I guess I was waiting
447
00:21:44,082 --> 00:21:46,582
for you to shoot me a text and apologize.
448
00:21:46,584 --> 00:21:47,984
Nothing yet.
449
00:21:49,417 --> 00:21:51,721
You know, Bull, we used to be a...
450
00:21:52,253 --> 00:21:53,823
we used to be a team.
451
00:21:56,006 --> 00:21:57,560
What are you talking about, Benny?
452
00:21:57,562 --> 00:22:00,029
Used to be that you'd ask me
before you took a case.
453
00:22:00,031 --> 00:22:02,331
Used to be that you'd... ask me
454
00:22:02,333 --> 00:22:04,367
before you blew through
all our jury strikes.
455
00:22:04,369 --> 00:22:07,103
Used to be that you...
cared what I thought.
456
00:22:07,105 --> 00:22:09,672
Okay. What do you think?
457
00:22:10,187 --> 00:22:13,409
I think that you're in the
middle of some kind of crisis.
458
00:22:14,108 --> 00:22:16,612
I don't think that
you're thinking clearly.
459
00:22:16,614 --> 00:22:18,781
Getting arrested, drinking too much,
460
00:22:18,783 --> 00:22:20,683
taking a death penalty case
461
00:22:20,685 --> 00:22:22,118
'cause a guy gave you a handkerchief.
462
00:22:22,120 --> 00:22:23,753
I haven't had a drink in 33 hours.
463
00:22:23,755 --> 00:22:25,354
Meeting with the prosecutor without me.
464
00:22:25,356 --> 00:22:26,996
He wanted to make a deal.
465
00:22:27,659 --> 00:22:28,748
You're kidding me.
466
00:22:28,750 --> 00:22:30,193
Elliot pleads guilty.
467
00:22:30,195 --> 00:22:31,894
They take the death
penalty off the table.
468
00:22:31,896 --> 00:22:34,263
He agrees to life in prison
and no chance of parole.
469
00:22:34,265 --> 00:22:35,264
And what did you say?
470
00:22:35,266 --> 00:22:37,099
What do you think I said?
471
00:22:37,101 --> 00:22:40,703
Well, I hope you said that you'd
discuss it with our client,
472
00:22:40,705 --> 00:22:41,955
discuss it with your team.
473
00:22:41,957 --> 00:22:44,540
I know how our client feels.
474
00:22:45,389 --> 00:22:47,543
Know how your client feels.
475
00:22:48,780 --> 00:22:50,012
Yeah, yeah, that's right. That's right.
476
00:22:50,014 --> 00:22:53,216
Y-You don't care what your,
what your team thinks.
477
00:22:53,218 --> 00:22:55,351
You don't care. I forgot.
478
00:22:55,353 --> 00:22:56,786
You know everything.
479
00:22:56,788 --> 00:22:58,020
I know he's innocent.
480
00:22:58,022 --> 00:22:59,455
No, you don't.
481
00:22:59,457 --> 00:23:02,024
You-you-you think he's innocent.
482
00:23:02,026 --> 00:23:04,060
That's not the same thing
and more importantly,
483
00:23:04,062 --> 00:23:07,230
you don't know how
to prove he's innocent.
484
00:23:07,232 --> 00:23:08,865
I guess it doesn't matter, right?
485
00:23:08,867 --> 00:23:12,468
Because you're on some-some
private, uh, crusade or quest
486
00:23:12,470 --> 00:23:14,670
to prove something
to yourself or my sister
487
00:23:14,672 --> 00:23:16,921
or your father or I don't know who.
488
00:23:17,575 --> 00:23:19,208
But it's-it's all well and good.
489
00:23:19,210 --> 00:23:20,409
Hey, you know what?
490
00:23:20,411 --> 00:23:22,512
It's-it's your company. Right?
491
00:23:22,514 --> 00:23:24,580
But what you keep not thinking about
492
00:23:24,582 --> 00:23:27,350
is that you're dragging
the rest of us into it.
493
00:23:28,853 --> 00:23:30,987
And we don't want
to watch a man put to death
494
00:23:30,989 --> 00:23:33,890
and have to live with that
for the rest of our lives,
495
00:23:33,892 --> 00:23:36,559
live with the possibility
that it may be our fault,
496
00:23:36,561 --> 00:23:38,794
that we may have let him down,
497
00:23:38,796 --> 00:23:40,730
that we may have not been up to the task
498
00:23:40,732 --> 00:23:43,132
and damn it, Bull, you didn't even ask!
499
00:23:45,825 --> 00:23:46,869
Where are you going?
500
00:23:46,871 --> 00:23:49,739
Coffee! I'm getting coffee.
501
00:23:52,206 --> 00:23:54,110
I'm sorry to keep you waiting.
502
00:23:54,112 --> 00:23:55,444
I'm Dr. Thiessen.
503
00:23:55,446 --> 00:23:56,794
You can call me Amos.
504
00:23:57,582 --> 00:23:59,215
Morning got a little hectic.
505
00:23:59,217 --> 00:24:00,750
- You have kids?
- No.
506
00:24:00,752 --> 00:24:02,341
I, um, no.
507
00:24:03,087 --> 00:24:06,188
So, why don't we start
with you telling me
508
00:24:06,190 --> 00:24:09,325
a little bit about why you
wanted to try therapy.
509
00:24:09,327 --> 00:24:12,495
Take your time.
510
00:24:12,497 --> 00:24:14,198
Okay.
511
00:24:14,200 --> 00:24:16,365
Of course I'm coming down
for your graduation.
512
00:24:16,367 --> 00:24:17,746
I wouldn't miss it for the world.
513
00:24:19,039 --> 00:24:21,871
Anna, honey, yeah, I got to go.
514
00:24:21,873 --> 00:24:26,509
I got to... oh, okay. Okay.
515
00:24:26,511 --> 00:24:28,377
Lily Galloway. Hi.
516
00:24:28,379 --> 00:24:29,679
Chunk Palmer.
517
00:24:29,681 --> 00:24:31,514
I've been expecting you.
518
00:24:31,516 --> 00:24:33,549
When they called you,
they explained to you
519
00:24:33,551 --> 00:24:35,451
why I wanted to see you, right?
520
00:24:36,000 --> 00:24:37,453
Um, kind of.
521
00:24:37,455 --> 00:24:40,590
And you are Elliot's girlfriend, right?
522
00:24:41,881 --> 00:24:44,527
We live together, yeah.
523
00:24:44,529 --> 00:24:48,531
And you're comfortable with the
idea of testifying for him, yes?
524
00:24:48,929 --> 00:24:50,514
I think so.
525
00:24:51,603 --> 00:24:52,850
I mean...
526
00:24:53,805 --> 00:24:57,473
his face is all over
the Internet and the papers.
527
00:24:57,980 --> 00:24:59,842
It's kind of crazy.
528
00:25:01,679 --> 00:25:03,819
The neighbors are looking at me funny.
529
00:25:04,882 --> 00:25:06,816
It makes me nervous.
530
00:25:06,818 --> 00:25:10,086
Well, you don't have to be nervous.
531
00:25:10,088 --> 00:25:12,154
Um, he is counting on you,
532
00:25:12,156 --> 00:25:17,193
but you are what we call
Elliot's alibi witness.
533
00:25:17,666 --> 00:25:20,323
And you're a huge part of this case.
534
00:25:20,325 --> 00:25:24,066
We need you to help us prove
that he couldn't have done this.
535
00:25:24,068 --> 00:25:25,534
How do you mean?
536
00:25:25,536 --> 00:25:27,737
Well, the only way we have
537
00:25:27,739 --> 00:25:32,408
to refute the idea that he
did this is your testimony
538
00:25:32,410 --> 00:25:34,443
that he came home a little after 8:00.
539
00:25:35,684 --> 00:25:38,347
You remember saying that to the police?
540
00:25:40,084 --> 00:25:42,942
And you're willing to
say that on the stand?
541
00:25:44,735 --> 00:25:46,612
I guess so.
542
00:25:49,127 --> 00:25:52,028
You seem a little uncertain.
543
00:25:52,760 --> 00:25:56,538
Um, no, I'm not... uncertain.
544
00:25:57,635 --> 00:25:59,416
It's just scary.
545
00:26:00,171 --> 00:26:01,904
But you don't have to be scared.
546
00:26:02,294 --> 00:26:04,840
I mean, he's your guy, right?
547
00:26:04,842 --> 00:26:07,109
You said you two live together.
548
00:26:07,111 --> 00:26:09,979
Yeah, and we sleep together, too,
549
00:26:09,981 --> 00:26:14,450
but it's not like that.
550
00:26:14,452 --> 00:26:16,225
How do you mean?
551
00:26:17,255 --> 00:26:19,055
He's in construction.
552
00:26:19,057 --> 00:26:20,923
He makes good money.
553
00:26:20,925 --> 00:26:22,272
I'm a waitress.
554
00:26:23,061 --> 00:26:24,460
Do the math.
555
00:26:25,025 --> 00:26:27,863
I mean, let's be honest.
556
00:26:27,865 --> 00:26:31,233
I don't think a lot of girls
are offering to sleep with him.
557
00:26:31,235 --> 00:26:33,302
A girl wants a guy
who will listen to her,
558
00:26:33,304 --> 00:26:35,738
but... once in a while
559
00:26:35,740 --> 00:26:38,122
you want him to say something back.
560
00:26:43,514 --> 00:26:47,917
So, um... are we done?
I have to get back to work.
561
00:26:47,919 --> 00:26:49,299
Sure.
562
00:26:50,455 --> 00:26:52,621
You want taxi money or subway money?
563
00:26:52,623 --> 00:26:55,091
I'm fine. Um...
564
00:26:55,093 --> 00:26:58,227
When is it you need me to do this thing?
565
00:26:59,101 --> 00:27:02,398
Y-You know what, we
may not even call you.
566
00:27:02,400 --> 00:27:04,834
The trial could go a
hundred different ways,
567
00:27:04,836 --> 00:27:07,203
but I promise to keep in touch.
568
00:27:19,489 --> 00:27:20,498
How long have you lived
569
00:27:20,500 --> 00:27:21,890
down the block from the Johnsons?
570
00:27:21,892 --> 00:27:24,048
Oh, gosh. Since their little girl
571
00:27:24,050 --> 00:27:26,393
started elementary school with mine.
572
00:27:26,418 --> 00:27:28,918
I guess it's been six years now.
573
00:27:28,920 --> 00:27:30,653
Can you tell us what you saw that night?
574
00:27:31,175 --> 00:27:35,225
I was taking our dog out
for a walk, same as every night.
575
00:27:35,227 --> 00:27:38,461
Around 7:00. It was dark.
576
00:27:38,463 --> 00:27:40,597
And I heard this strange ring.
577
00:27:40,599 --> 00:27:42,432
I wasn't sure what it was.
578
00:27:42,434 --> 00:27:44,367
Then I realized it was a smoke alarm
579
00:27:44,369 --> 00:27:46,269
and I looked across the street
at the Johnsons
580
00:27:46,271 --> 00:27:48,538
and there was this man
coming out the front door.
581
00:27:48,540 --> 00:27:50,373
And did you get a good look at him?
582
00:27:50,375 --> 00:27:52,909
If you saw him again, do you
think you could identify him?
583
00:27:52,911 --> 00:27:53,977
Of course.
584
00:27:53,979 --> 00:27:55,178
He's right there. The defendant.
585
00:27:56,314 --> 00:27:59,132
He was running out of the front
of the house.
586
00:27:59,134 --> 00:28:01,384
Confidence metrics for this
woman are really high.
587
00:28:01,386 --> 00:28:02,385
The jury loves her.
588
00:28:02,387 --> 00:28:03,887
- I don't love her.
- Next thing I knew,
589
00:28:03,889 --> 00:28:06,122
he was getting in the car
and driving off.
590
00:28:06,124 --> 00:28:07,891
This man?
591
00:28:09,060 --> 00:28:10,393
Yes, this man.
592
00:28:12,315 --> 00:28:14,215
Thank you.
593
00:28:14,432 --> 00:28:16,299
No further questions.
594
00:28:16,301 --> 00:28:18,568
Benny.
595
00:28:22,340 --> 00:28:24,140
Mrs. O'Neil, thank you so much
596
00:28:24,142 --> 00:28:25,308
for being with us here today.
597
00:28:25,310 --> 00:28:28,378
Now, today is not the first time
598
00:28:28,380 --> 00:28:30,480
that you have identified my client
599
00:28:30,482 --> 00:28:34,050
as the man you saw making his
way out of the burning house.
600
00:28:34,052 --> 00:28:35,151
Isn't that correct?
601
00:28:35,153 --> 00:28:37,153
No. No, of course not.
602
00:28:37,155 --> 00:28:39,022
After the fire occurred,
the police asked me
603
00:28:39,024 --> 00:28:42,025
to come down to the precinct,
had me look at some photos.
604
00:28:42,027 --> 00:28:44,127
They wanted to see
if I recognized anyone.
605
00:28:44,129 --> 00:28:45,082
And did you?
606
00:28:45,630 --> 00:28:46,657
Of course.
607
00:28:46,659 --> 00:28:48,398
I saw his photo. There he was.
608
00:28:48,400 --> 00:28:51,434
So, how long after the fire occurred
609
00:28:51,436 --> 00:28:53,770
was this visit to the precinct?
610
00:28:53,772 --> 00:28:55,505
I think it was a week or so.
611
00:28:55,507 --> 00:28:56,906
A week or so?
612
00:28:56,908 --> 00:28:59,108
And Mr. Miles was arrested, what,
613
00:28:59,110 --> 00:29:00,944
three days after the crime?
614
00:29:01,515 --> 00:29:03,122
I-I really don't know.
615
00:29:03,124 --> 00:29:05,915
Oh, but I'm sure like most of us,
616
00:29:05,917 --> 00:29:08,217
you tried to find out everything
you could about it.
617
00:29:08,219 --> 00:29:10,987
I mean, you lived across the street.
618
00:29:10,989 --> 00:29:12,889
Two people had died.
619
00:29:12,891 --> 00:29:16,559
My little girl played with Emma
every day after school.
620
00:29:16,561 --> 00:29:18,294
I was devastated. We all were.
621
00:29:18,296 --> 00:29:21,230
Well, then I'm sure you're aware
that after he was arrested,
622
00:29:21,232 --> 00:29:23,967
Mr. Miles's face was all over the news,
623
00:29:23,969 --> 00:29:27,303
the TV, the Internet, the newspapers,
624
00:29:27,305 --> 00:29:29,772
and this was three days
before you identified him.
625
00:29:29,774 --> 00:29:31,294
I guess that's right.
626
00:29:31,296 --> 00:29:33,971
Your Honor, while we absolutely believe
627
00:29:33,973 --> 00:29:36,846
that the witness's testimony
was well-meaning,
628
00:29:36,848 --> 00:29:38,247
we'd like to make a motion
to suppress it.
629
00:29:38,249 --> 00:29:39,716
On what grounds?
630
00:29:39,718 --> 00:29:41,150
Isn't it obvious?
631
00:29:41,152 --> 00:29:44,087
The witness's identification
is suggestive;
632
00:29:44,089 --> 00:29:47,256
therefore, tainted
and ultimately of no value.
633
00:29:47,258 --> 00:29:49,192
The witness chose my client's photo
634
00:29:49,194 --> 00:29:51,427
because she had seen it countless times,
635
00:29:51,429 --> 00:29:54,964
had been told countless times
on the TV, computer,
636
00:29:54,966 --> 00:29:57,100
in the newspapers that this was the guy.
637
00:29:57,102 --> 00:29:58,368
Through no fault of her own
638
00:29:58,370 --> 00:29:59,369
or the government's.
639
00:29:59,371 --> 00:30:00,770
It's not about fault.
640
00:30:00,772 --> 00:30:03,940
It's about asking the jury to
consider what actually matters.
641
00:30:03,942 --> 00:30:05,708
We're talking about a man's life here.
642
00:30:06,852 --> 00:30:08,578
Both sides make compelling arguments
643
00:30:08,580 --> 00:30:10,647
in regard to the witness's testimony;
644
00:30:10,649 --> 00:30:12,915
therefore, I'm going
to leave it to the jury
645
00:30:12,917 --> 00:30:16,219
to determine how to evaluate the
strength of the identification.
646
00:30:16,632 --> 00:30:18,655
Your motion is denied.
647
00:30:20,719 --> 00:30:22,804
No further questions, Your Honor.
648
00:30:27,794 --> 00:30:29,794
_
649
00:30:31,136 --> 00:30:33,002
Nice work.
650
00:30:39,611 --> 00:30:42,078
Hey. I was thinking about what you said.
651
00:30:42,080 --> 00:30:44,147
I want to have a quick
conference with Elliot.
652
00:30:44,149 --> 00:30:45,702
You have a minute?
653
00:30:46,484 --> 00:30:47,950
I've been remiss
654
00:30:47,952 --> 00:30:49,819
and thankfully, Mr. Colón
655
00:30:49,821 --> 00:30:51,187
has called it to my attention.
656
00:30:52,624 --> 00:30:55,324
The AUSA came to me earlier this morning
657
00:30:55,326 --> 00:30:58,428
and offered to take the
death penalty off the table.
658
00:31:07,072 --> 00:31:09,226
“Why would he do that”"
659
00:31:09,708 --> 00:31:11,874
Well, he's offering to do it in exchange
660
00:31:11,876 --> 00:31:12,975
for you admitting guilt
661
00:31:12,977 --> 00:31:15,078
and saving the government the trouble
662
00:31:15,080 --> 00:31:17,013
of putting on this trial.
663
00:31:26,558 --> 00:31:27,924
“But I didn't do it.”
664
00:31:27,926 --> 00:31:29,192
We know.
665
00:31:29,194 --> 00:31:30,860
But we needed to tell you
about the offer.
666
00:31:31,331 --> 00:31:32,895
We also need to tell you...
667
00:31:32,897 --> 00:31:34,330
and Dr. Bull, feel free to jump in
668
00:31:34,332 --> 00:31:36,211
if I say something
you don't agree with...
669
00:31:37,135 --> 00:31:38,468
we could use your help.
670
00:31:38,470 --> 00:31:40,203
The fella who sold you the car,
671
00:31:40,205 --> 00:31:41,771
is there anything else
you can tell us about him?
672
00:31:41,773 --> 00:31:44,841
Your description was pretty... general.
673
00:31:55,564 --> 00:31:57,024
A limp?
674
00:31:57,422 --> 00:32:00,523
Suddenly the guy who sold him
the car has a limp?
675
00:32:00,525 --> 00:32:02,725
Come on. I'm sorry, Bull.
676
00:32:02,727 --> 00:32:04,327
It all sounds like a bad novel.
677
00:32:04,329 --> 00:32:06,262
It does, doesn't it?
678
00:32:08,311 --> 00:32:10,044
You okay?
679
00:32:12,504 --> 00:32:16,305
Actually, I'm a mess
'cause I know he's innocent.
680
00:32:16,307 --> 00:32:19,542
I know it with every fiber of my being.
681
00:32:20,630 --> 00:32:23,846
I'm sorry I came down on you
so hard this morning.
682
00:32:23,848 --> 00:32:25,581
I'm worried about you.
683
00:32:25,583 --> 00:32:27,049
We all are.
684
00:32:27,051 --> 00:32:30,557
You've always been this rock,
685
00:32:31,055 --> 00:32:34,157
the guy who knows the answer
before anyone asks the question.
686
00:32:34,978 --> 00:32:36,980
It seems like you're coming apart.
687
00:32:38,636 --> 00:32:39,733
Is it Izzy?
688
00:32:40,691 --> 00:32:41,957
Izzy getting married?
689
00:32:42,200 --> 00:32:45,635
No, I'm fine.
690
00:32:45,637 --> 00:32:48,237
Trust me, I am fine.
691
00:33:06,090 --> 00:33:07,677
Who is it?
692
00:33:09,392 --> 00:33:11,959
Ghost of Christmas Past.
693
00:33:16,539 --> 00:33:18,506
Oh, my goodness.
694
00:33:19,838 --> 00:33:21,971
I'm tempted to say “look
what the cat dragged in”"
695
00:33:21,973 --> 00:33:23,573
but given your current
weight, I don't think
696
00:33:23,575 --> 00:33:26,075
there's a cat in this
town that can do the job.
697
00:33:26,911 --> 00:33:28,990
It's nice to see you, too.
698
00:33:30,348 --> 00:33:32,381
Oh, God, I'm awful.
699
00:33:33,464 --> 00:33:35,264
Do you want to come in?
700
00:33:42,060 --> 00:33:43,993
You... you want a drink?
701
00:33:43,995 --> 00:33:46,562
Yes. God, yes.
702
00:33:47,092 --> 00:33:48,898
But don't give me one.
703
00:33:51,402 --> 00:33:52,902
It's nice.
704
00:33:53,390 --> 00:33:55,404
You want to buy it? I'm getting married.
705
00:33:55,406 --> 00:33:57,506
I heard.
706
00:33:58,810 --> 00:34:00,243
I wanted to tell you.
707
00:34:00,245 --> 00:34:01,711
Um, I called...
708
00:34:01,713 --> 00:34:04,647
but you were never there, so I...
709
00:34:05,026 --> 00:34:07,195
I figured it was a sign.
710
00:34:08,253 --> 00:34:09,719
No.
711
00:34:10,323 --> 00:34:11,587
It's all good.
712
00:34:13,057 --> 00:34:14,619
I'm happy for you.
713
00:34:15,759 --> 00:34:17,245
You don't look happy.
714
00:34:18,165 --> 00:34:20,463
Happy for you; sad for me.
715
00:34:22,300 --> 00:34:24,667
You're a great lady, lady.
716
00:34:25,630 --> 00:34:27,937
Is that what you came
over here to tell me?
717
00:34:27,939 --> 00:34:30,594
I don't know what
I came over here to tell you.
718
00:34:31,742 --> 00:34:35,015
Benny and I are representing this guy...
719
00:34:35,613 --> 00:34:38,314
who's staring at the death penalty.
720
00:34:38,727 --> 00:34:41,684
Yeah, the fire guy... my brother told me.
721
00:34:42,147 --> 00:34:44,441
Has a way of making you
think about things.
722
00:34:45,692 --> 00:34:47,290
Think about life.
723
00:34:47,292 --> 00:34:49,525
About your own life.
724
00:34:52,324 --> 00:34:54,096
I'm sorry.
725
00:34:57,294 --> 00:34:58,827
I'm sorry it didn't...
726
00:34:59,539 --> 00:35:01,337
work for us.
727
00:35:04,976 --> 00:35:06,755
I would have really liked...
728
00:35:07,645 --> 00:35:09,758
for it to have worked.
729
00:35:13,584 --> 00:35:16,056
But I'm glad you found someone.
730
00:35:17,516 --> 00:35:19,643
I wish the same for you.
731
00:35:22,393 --> 00:35:24,593
Can I tell you something?
732
00:35:25,065 --> 00:35:27,469
Something I don't think
you know about yourself?
733
00:35:31,624 --> 00:35:34,403
I don't think you're good alone, Jason.
734
00:35:35,940 --> 00:35:37,452
I don't.
735
00:35:38,776 --> 00:35:41,289
You may be onto something there.
736
00:35:44,015 --> 00:35:45,293
Anyway...
737
00:35:47,785 --> 00:35:49,418
Have a wonderful wedding
738
00:35:49,420 --> 00:35:52,021
and an amazing marriage and...
739
00:35:52,023 --> 00:35:54,056
great life.
740
00:35:56,027 --> 00:35:57,727
You, too.
741
00:36:13,420 --> 00:36:15,595
Mr. Wilson, did your construction crew
742
00:36:15,620 --> 00:36:18,160
work on a jobsite at 68-8 Peak Street,
743
00:36:18,185 --> 00:36:20,585
- an apartment house?
- Yes, sir.
744
00:36:20,587 --> 00:36:22,921
And was Elliot Miles a part of that crew?
745
00:36:22,923 --> 00:36:26,428
He was. Elliot's been
on every crew I've had
746
00:36:26,430 --> 00:36:28,231
for nearly three years.
747
00:36:28,233 --> 00:36:31,281
He's a good worker
and a very good roofer.
748
00:36:31,314 --> 00:36:32,614
And from the roof
749
00:36:32,616 --> 00:36:34,949
of that building, could one possibly see
750
00:36:34,951 --> 00:36:36,250
the Johnson residence?
751
00:36:36,252 --> 00:36:37,986
I object, Your Honor.
752
00:36:37,988 --> 00:36:39,721
Calls for speculation.
753
00:36:39,723 --> 00:36:41,723
There's nothing speculative
about it, Your Honor.
754
00:36:41,725 --> 00:36:43,074
If you'd allow me to continue,
755
00:36:43,076 --> 00:36:44,836
that will become absolutely clear.
756
00:36:44,836 --> 00:36:46,202
Objection overruled.
757
00:36:46,605 --> 00:36:48,905
Your Honor, I'd like to show the jury
758
00:36:48,907 --> 00:36:50,273
prosecution 27.
759
00:36:50,275 --> 00:36:53,676
These are photos taken from
the roof of 68-8 Peak Street.
760
00:36:53,678 --> 00:36:56,513
Clearly visible and circled
is the victims' house.
761
00:36:59,367 --> 00:37:01,918
Mr. Wilson, doesn't it stand to reason
762
00:37:01,920 --> 00:37:05,555
that your employee might well
have been watching Mrs. Johnson?
763
00:37:05,557 --> 00:37:07,629
Learned her comings and goings,
764
00:37:07,631 --> 00:37:09,959
seeing when she might be vulnerable?
765
00:37:09,961 --> 00:37:12,362
Objection!
Your Honor, again, speculation.
766
00:37:12,364 --> 00:37:13,963
The witness can't testify
767
00:37:13,965 --> 00:37:16,599
to what my client did or didn't see.
768
00:37:16,601 --> 00:37:19,017
Sustained. The jury will disregard.
769
00:37:19,019 --> 00:37:21,137
No further questions, Your Honor.
770
00:37:21,139 --> 00:37:22,338
Gentlemen.
771
00:37:23,058 --> 00:37:26,009
Something to chew on with your lunch.
772
00:37:26,357 --> 00:37:28,557
New witness list.
773
00:37:33,526 --> 00:37:34,951
Lily Galloway?
774
00:37:35,570 --> 00:37:37,253
Isn't that Elliot's girlfriend?
775
00:37:37,255 --> 00:37:39,789
Isn't... she testifying for us?
776
00:37:40,200 --> 00:37:42,288
I sure thought so.
777
00:37:42,290 --> 00:37:45,328
The meeting did not go well... she
was kind of all over the place.
778
00:37:45,330 --> 00:37:47,630
But... I get the definite impression
779
00:37:47,632 --> 00:37:51,067
that any romantic feelings
reside strictly with Elliot.
780
00:37:51,069 --> 00:37:54,537
She seems to be in it
mostly for economic reasons.
781
00:37:54,539 --> 00:37:56,673
So, how would you
describe your relationship
782
00:37:56,675 --> 00:37:58,308
with the accused?
783
00:37:58,310 --> 00:38:01,110
I guess you could say I'm his girlfriend.
784
00:38:01,805 --> 00:38:04,380
And where were you
on the night of the murders?
785
00:38:04,382 --> 00:38:07,417
I was at our apartment in Astoria.
786
00:38:07,419 --> 00:38:10,353
I got there after my shift ended at 4:00.
787
00:38:10,355 --> 00:38:13,089
I wait tables in Kew Gardens.
788
00:38:13,525 --> 00:38:16,392
We usually... make dinner together.
789
00:38:16,394 --> 00:38:18,695
And what time did Elliot
get home that night?
790
00:38:18,697 --> 00:38:20,697
He was late.
791
00:38:21,157 --> 00:38:23,600
He said he was running
some errands for his boss.
792
00:38:23,602 --> 00:38:26,736
Now, you originally told
the police it was about 8:15,
793
00:38:26,738 --> 00:38:28,404
is that correct?
794
00:38:29,241 --> 00:38:31,007
Yes. Uh, that's right.
795
00:38:31,009 --> 00:38:33,243
But now I think...
796
00:38:33,586 --> 00:38:35,278
I might have been mistaken.
797
00:38:35,714 --> 00:38:37,580
I think it might have been 9:15.
798
00:38:37,582 --> 00:38:39,382
What?
799
00:38:40,518 --> 00:38:41,884
Now, when you say you “think...”
800
00:38:41,886 --> 00:38:43,553
No. I meant...
801
00:38:44,139 --> 00:38:46,522
I know... it was 9:15.
802
00:38:47,225 --> 00:38:49,559
It was definitely 9:15.
803
00:38:50,748 --> 00:38:52,355
No further questions, Your Honor.
804
00:38:56,109 --> 00:38:57,867
Miss Galloway...
805
00:38:58,361 --> 00:38:59,836
I appreciate your testimony,
806
00:38:59,838 --> 00:39:02,205
but I am confused.
807
00:39:02,657 --> 00:39:06,576
I read the police transcripts
of your interview with them.
808
00:39:07,078 --> 00:39:09,579
You're very clear, very certain.
809
00:39:09,581 --> 00:39:13,449
You said Elliot walked
through the door at 8:15.
810
00:39:13,793 --> 00:39:15,351
I know that's what I said.
811
00:39:15,353 --> 00:39:18,244
Now, the interview was
less than three days
812
00:39:18,246 --> 00:39:19,455
after the fire.
813
00:39:19,457 --> 00:39:22,392
Your recollection was
still fresh in your head.
814
00:39:22,394 --> 00:39:25,561
You said you were certain
what time it was.
815
00:39:26,139 --> 00:39:28,665
Now here we are, weeks and weeks later,
816
00:39:28,667 --> 00:39:31,000
and-and you're insisting
that you were off
817
00:39:31,002 --> 00:39:32,835
by a whole hour?
818
00:39:32,837 --> 00:39:35,838
Uh... how do you explain that?
819
00:39:38,568 --> 00:39:40,209
Miss Galloway?
820
00:39:41,746 --> 00:39:44,113
The witness will answer
the question, please.
821
00:39:53,333 --> 00:39:56,359
I actually have no idea
what time Elliot got home.
822
00:40:00,999 --> 00:40:02,799
Well, that sure woke the jury up.
823
00:40:02,801 --> 00:40:06,302
I'm sorry, did... did you
just say you have no idea?
824
00:40:06,304 --> 00:40:10,340
I worked that day from 8:00 until 4:00.
825
00:40:10,934 --> 00:40:12,508
By the time Elliot got home,
826
00:40:12,510 --> 00:40:15,311
I was thoroughly trashed.
827
00:40:16,064 --> 00:40:17,480
Okay.
828
00:40:17,482 --> 00:40:18,681
Now...
829
00:40:19,108 --> 00:40:21,551
when you say you were “trashed...”
830
00:40:21,553 --> 00:40:24,420
I had smoked some bath salts.
831
00:40:25,857 --> 00:40:27,924
We just got our first green.
832
00:40:27,926 --> 00:40:29,492
You just testified
833
00:40:29,494 --> 00:40:31,894
that the defendant got home at 9:15.
834
00:40:31,896 --> 00:40:34,697
People were really angry with me.
835
00:40:35,500 --> 00:40:37,400
They knew I lived with Elliot.
836
00:40:37,402 --> 00:40:39,669
At work, they wouldn't speak to me.
837
00:40:39,671 --> 00:40:42,071
In the neighborhood, they wrote bad words
838
00:40:42,073 --> 00:40:44,307
on my car with white paint.
839
00:40:44,843 --> 00:40:46,809
He said he'd get me protection.
840
00:40:46,811 --> 00:40:49,045
Who said they'd get you protection?
841
00:40:50,348 --> 00:40:53,449
Let the record show
that the witness is pointing
842
00:40:53,451 --> 00:40:55,985
to the prosecuting attorney, the AUSA.
843
00:40:55,987 --> 00:40:59,188
Now... are you saying
that the federal prosecutor
844
00:40:59,190 --> 00:41:01,224
offered you protection
845
00:41:01,226 --> 00:41:03,359
in return for saying
that my client got home
846
00:41:03,361 --> 00:41:05,395
at 9:15 instead of 8:15?
847
00:41:05,397 --> 00:41:08,398
Objection! The defense
is trying create an inference
848
00:41:08,400 --> 00:41:09,866
that something untoward...
849
00:41:09,868 --> 00:41:11,434
Something untoward?
850
00:41:11,436 --> 00:41:13,936
The witness just testified
that you bribed her.
851
00:41:13,938 --> 00:41:15,505
- Your Honor, I object.
- You offered the witness
852
00:41:15,507 --> 00:41:17,440
- a promise, inducement...
- There was no formal promise.
853
00:41:17,442 --> 00:41:18,541
- ...or reward.
- Mr. Rosenberg!
854
00:41:18,543 --> 00:41:21,077
And if that's the case,
the prosecutor knows
855
00:41:21,079 --> 00:41:23,079
as well as I do that it's his duty
856
00:41:23,081 --> 00:41:24,680
to disclose that to the defense!
857
00:41:24,682 --> 00:41:27,016
- I move for a mistrial, Your Honor!
- Order.
858
00:41:27,018 --> 00:41:27,966
The defense moves...
859
00:41:27,991 --> 00:41:29,343
I really don't think
she's marriage material,
860
00:41:29,345 --> 00:41:31,120
but that girl may have
just saved your life.
861
00:41:31,122 --> 00:41:32,989
I will have order.
862
00:41:36,686 --> 00:41:38,961
There will be no mistrial.
863
00:41:40,857 --> 00:41:42,165
I think it's fairly obvious
864
00:41:42,167 --> 00:41:44,434
that the witness has,
for all intents and purposes,
865
00:41:44,436 --> 00:41:46,438
recanted any statements having to do
866
00:41:46,440 --> 00:41:49,439
with the precise times
or whereabouts of the accused.
867
00:41:49,441 --> 00:41:52,318
And I have every confidence that
the jury can determine what,
868
00:41:52,320 --> 00:41:55,011
if any value her testimony has provided.
869
00:41:55,013 --> 00:41:56,245
The witness is dismissed,
870
00:41:56,247 --> 00:41:58,147
and court is adjourned until tomorrow.
871
00:42:05,048 --> 00:42:07,457
I may have been a touch
premature about your girlfriend,
872
00:42:07,459 --> 00:42:10,660
but... we live to fight another day.
873
00:42:23,942 --> 00:42:26,809
What was it you guys
just signed to each other?
874
00:42:28,571 --> 00:42:30,213
“You are not alone”"
875
00:42:30,215 --> 00:42:32,591
Wow. I'm impressed.
876
00:42:32,593 --> 00:42:34,388
What possessed you to learn that?
877
00:42:34,390 --> 00:42:35,818
To say that to him?
878
00:42:36,496 --> 00:42:38,254
Oh, you've got it backwards.
879
00:42:38,539 --> 00:42:41,190
He keeps saying it to me.
880
00:42:41,918 --> 00:42:43,326
Hey.
881
00:42:43,886 --> 00:42:45,528
I tried my best, boss.
882
00:42:46,297 --> 00:42:48,383
No, you were a pit bull out there.
883
00:42:48,800 --> 00:42:53,069
Any other judge, and we'd be
toasting each other right now.
884
00:42:54,339 --> 00:42:56,906
God, what a good idea.
885
00:42:58,576 --> 00:43:01,410
Sorry to let everybody down...
886
00:43:01,729 --> 00:43:03,731
but I think I need a drink.
887
00:43:13,410 --> 00:43:15,923
_
888
00:43:15,924 --> 00:43:23,928
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