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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 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 Synced & corrected by -robtor- www.addic7ed.com 63887

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