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Obviously, shockwaves are running
through the entire community, as well as
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profound grief.
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Sister Carolyn Oaks was a beloved,
beloved member of the church.
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Preliminary reports say she was stabbed
more than 30 times.
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Oh, can you believe it? That's what I
need.
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Ellen, it's a compliment. High -profile
case. You get the assignment. Too high
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-profile. I don't need that kind of
pressure. It makes my face break out.
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were actually responding to the calls of
another kidnapping victim, Cynthia
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Simonson, when they found the nun's body
in a closet.
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Unconfirmed reports indicate... The
arraignment's when? Nine o 'clock. Maybe
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I'll stop by my way and watch. Why?
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Because it's high profile and I want to
be there for your first pimple. Oh,
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funny. This is big stuff, Helen. They
must consider you their go -to DA.
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It's a compliment.
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Yeah, yeah, yeah.
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Case number three, two, six, five, four.
Commonwealth versus Michael Kingston.
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Murder in the first degree.
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Quiet down.
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I said quiet.
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Anybody who disrupts this room will be
removed, possibly to a jail cell. I
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think you want to test me.
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Joseph Mapp, the defendant, your honor.
We'll waive reading.
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Helen Gamble for the Commonwealth.
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We'd obviously oppose bail.
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Okay, let's conference. We can set the
trial date there.
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Counsel, I have great respect for the
public defenders, as well as your work
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particular, but given the magnitude of
scrutiny this case is likely to
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together with the limits on your
office's resources... Ms. Joe, would you
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up, please?
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Ms. Joe, did you hear me? Would you
please come forward?
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I hope you're not thinking of... You
win.
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Congratulations. Your Honor. Get
together with the DA. Let's conference
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as possible.
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Your Honor, I regretfully have to
decline my schedule. Counsel, this
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request. It's your case.
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Next. Case number 32655, people versus
Nathan.
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Can she really make me do this? She
can't make me, can she? Can she make me?
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Where is she?
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Chambers. Come on.
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Oh, come on. You love these cases.
Granted, it doesn't involve a chopped
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head, but still. We don't want this one.
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Why? You know why.
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Well, then humor me.
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The victim is a nun stabbed 30 times.
This kind of crime, the stigma will run
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the lawyers defending the psycho who
killed her. Again, I keep going back to
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client who cut off the girl's head. You
defended him. He was innocent.
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To the public, he wasn't, so you face
the same stigma there, Bobby. Which is
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we don't need to be the lawyers on this
one.
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Plus, the district attorney is my
roommate. I bet grants for
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right there. Not if the judge is
convinced you'll rise above the
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conflict, which I am.
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Helen Gamble is also an ex -girlfriend
of mine. You've tried cases against her
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before. Your Honor.
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Bobby, if I were to recuse you every
time you've slept with the other side...
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Hey, there's already a lynch mob
mentality out there. You can see that.
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I need to ensure he gets a legitimate
and zealous defense. You people fight
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murderers better than anybody.
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You can't force us to take this case. Of
course I can't. It's exactly what I'm
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doing. Go defend him.
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I got him down to straight probation.
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I think we should jump.
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But, Jimmy, if I take any guilty
finding, I lose my job.
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I've got a morals clause which says any
criminal conviction.
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Maybe we could talk. Yeah, boss.
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He can't waive it.
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There's a precedent.
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This is a company with 32 ,000
employees. This isn't fair. This isn't
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Mr. Burroughs, it's not like you didn't
commit the crime. You offered the woman
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money. But I never would have. I am
sitting in a bar. I'm minding my own
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business, and she came up to me.
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We're going to go with entrapment.
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Is there any chance we could win?
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Yes.
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But not a good one.
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Miss Washington, it isn't exactly like
my life has a lot of dimension.
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I have a job, which I've put in 16 years
at. I've been a complete company man,
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and they say I could stay on, but not if
I have a guilty finding.
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I want to roll the dice, Jimmy.
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This is bad.
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What can I tell you? First of all, if
this thing goes to trial, we lose a
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fortune. The court -ordered fees are
minimal. I don't care about the money.
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What's with the panic then? We've done
nasty cases before. This was a nun,
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Eugene. Stabbed repeatedly.
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I understand, but we defended child
killers. Are you upset on religious
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Have you been watching the news?
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Look, we could bring a motion before a
different judge. Try to get out. Arguing
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what? Hardship. That we're too
overloaded to... That won't fly. Look.
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Look, we've been assigned the case.
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So we do the job. Lindsay, meet the
client. Oh, great.
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Eleanor, I want you to draft a promotion
for a gag order. No doubt Helen will be
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trying this case in the media every
chance she gets you. And Lindsay will
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if it gets that far since we're better
off with women. I'm moving out of
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criminal, remember?
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Never mind. Eugene, I'd like you to do a
memorandum on changing venue.
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We should try to move this thing out of
Boston. How about L .A.? Lucy, good. All
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calls from the media. We have no
comment.
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It isn't fair. The guy is like this sad
sack.
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It was entrapment.
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What do you want from me, Jimmy? You
know, I would never ask a favor in a
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million years that I thought was, you
know, unethical. I don't know that,
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actually. But go ahead.
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The guy is getting a bum shake.
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He's worked hard in his job, and he's
about to lose it because some undercover
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cop got him aroused. And it's vintage
entrapment. So make the argument.
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I'd like to make it to you.
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Judge Cohen's going on vacation.
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This thing will get transferred to one
of six divisions, including yours.
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I know Mark, Pat Sells, the clerk.
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I'd like him to steer it your way. That
wouldn't be a good idea. I wouldn't kick
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it. From where I stand, your client
committed the crime. And second, I don't
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appreciate your even asking what you're
asking. It amounts to an ex parte
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communication. It's wrong, and you know
it. I got a good guy here. I don't care.
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Fine. Forget it. Fine.
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You're angry now. Just forget it. I
gotta go. Hey, Jimmy.
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I understand you want to help your
friend, but you have to understand that
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I put on that robe, I don't play
favorites for anybody.
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I thought I'd just take a shot.
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Oh, I do like that.
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You do take your shots.
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Say, why don't you come back in a couple
of hours when the rope is off?
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I'm Lindsay Dole. I know.
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I was there at the arraignment,
remember?
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Yes.
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Okay.
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First off, attorney, quite a privilege.
Anything you say obviously goes no
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further, so... Yes, but you don't want
me to be too truthful in case I want to
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testify.
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We have to preserve you from lawyer
ethic problems.
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All right.
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Any thoughts on how a sliced -up nun got
in your apartment?
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I haven't a clue.
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How's that?
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This woman, Cynthia Simonson, who called
the police.
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Was she being held captive?
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Shouldn't you get to know a little bit
about me first?
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I mean, I'm sure a nice person such as
yourself has conflicts defending
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something so vile as me.
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I kind of stay emotionally neutral in my
cases.
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So let's just stick with the facts of
the case.
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Let's start with the underlying kidnap
charge on the girl.
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I didn't kidnap her.
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She came back to my apartment,
willingly.
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She just found herself locked in.
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And that would be false imprisonment, by
the way. That's a distinction from
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kidnapping.
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This isn't your first case, is it?
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No, it isn't.
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Because you've got a little virgin thing
going on.
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Well, not that I don't like it.
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Look, Mr. Kingston, you're in jail right
now either because you killed somebody
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or somebody else played you for the
perfect dupe.
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Either way, I consider you pretty
stupid.
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And if you think you're going to
intimidate me somehow, we can just
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because I really don't have the time.
I'm representing you because a judge
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ordered me to, and I will defend you as
best I can, but don't mistake my effort
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for caring.
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You disgust me.
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The reason he even knew her is because
she reached out to help him. How so?
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He would show up at the church
sometimes.
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Angry.
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Respondent.
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One time, Carolyn approached him.
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That was the thing about Carolyn.
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She was there for everybody.
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Being there for him got her killed.
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Three nights ago, she went to see him?
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Yes. She got a call from him.
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And he asked if she could come visit him
at his apartment.
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She knew nothing about his criminal
record. We told the police all this. I
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understand, but...
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His lawyers are good, and they may take
this to trial. I just don't want to be
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surprised by anything.
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For example, they might even claim that
Michael Kingston and Sister Carolyn were
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having a physical relationship.
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What? Their job is to get him off.
They're not beneath arguing anything.
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Carolyn wasn't having any physical
relationship.
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If that's going to be their legal
strategy, good luck to them. They got
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wrong nun.
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She went there.
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To help a man she thought was in need.
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Miss Gamble, you are going to put this
man in jail, aren't you?
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Yes, I'm definitely going to do that.
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This woman, Cynthia Simonson, you say
you didn't kidnap her.
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I met her at a bar in Kenmore Square.
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She left with me, happily.
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She was at the bar with friends. I asked
them.
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And you came back to your apartment?
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To play Scrabble.
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We're back to being cute now?
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She left with me to spend the night
together.
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Which we did.
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And why'd you keep her locked up inside?
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I didn't.
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I went out to get coffee in the morning,
and I have a barred door with padlock.
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It's the only way it locks.
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00:11:37,480 --> 00:11:39,340
And the reason you have a barred door?
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Safety.
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Don't want to get ripped off.
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Plus, which I had a nun in my closet. I
didn't want people popping in.
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Well, you won't be walking back. We'll
get you to a cab. You know where the
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entrance is? Yeah, I'm using it.
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Back off!
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Why me? Why always me?
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Well, it won't be you from here on in.
I'll be with you every step.
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00:12:05,370 --> 00:12:08,189
What about the supposed kidnapping of
the college girl?
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He said she went back to his place
voluntarily.
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00:12:10,110 --> 00:12:12,509
What difference does it make? He carved
up a nun.
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00:12:12,510 --> 00:12:15,849
Oh, may raise Fourth Amendment issues.
Do we have an address on her? It's in my
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coat pocket, probably soaked in yolk.
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00:12:17,711 --> 00:12:20,829
Eleanor, try to talk to this girl.
Eugene, I guess we should try to make
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with Dr. Crane in case we want to go
with insanity.
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Dr. Crane charges five grand. This is
corner pointed and state will never
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00:12:26,070 --> 00:12:28,889
authorize it. Just give him a call in
case you want to go that route. Give him
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00:12:28,890 --> 00:12:31,360
what he did. There's got to be a chance.
He's insane.
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00:12:31,470 --> 00:12:33,950
So we're going to the Met for this
psycho.
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Do we have a choice?
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We had a few drinks, talked.
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00:12:39,370 --> 00:12:42,530
And at some point, officer, you told him
you were a prostitute.
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00:12:42,810 --> 00:12:44,670
I said I was lady of the evening, yes.
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00:12:44,671 --> 00:12:48,629
And how did Mr. Burroughs respond to
that? He was surprised at first, maybe
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shocked. What happened next?
222
00:12:50,071 --> 00:12:53,349
We kept talking. I eventually asked him
if he'd like to go upstairs to his hotel
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room. He said yes.
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Did you ever quote him a price?
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00:12:56,710 --> 00:12:58,370
$400. And then?
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00:12:59,030 --> 00:13:02,929
We went upstairs. He paid me the money,
at which point I told him I was an
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00:13:02,930 --> 00:13:04,310
undercover police officer.
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00:13:04,330 --> 00:13:08,000
I placed him under arrest, read him his
rights, and took him into custody.
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00:13:13,310 --> 00:13:15,480
Why were you working this bar
undercover?
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00:13:15,481 --> 00:13:18,979
Mainly because high -priced call girls
were. It was a problem.
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00:13:18,980 --> 00:13:21,570
And this was an upscale hotel bar,
right, officer?
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00:13:21,780 --> 00:13:26,079
Yes. A lot of out -of -town business
people frequented, including many law
233
00:13:26,080 --> 00:13:29,990
-abiding people, right? Yes. In fact,
mostly law -abiding, wouldn't you say?
234
00:13:29,991 --> 00:13:33,859
Probably. And you weren't out to sting
my client specifically, were you?
235
00:13:33,860 --> 00:13:37,680
No. In fact, you didn't even know who he
was when you sat down. No, I didn't.
236
00:13:37,681 --> 00:13:40,859
And when you first sat down next to him,
you told him you were an executive
237
00:13:40,860 --> 00:13:42,300
secretary. Isn't that right?
238
00:13:42,360 --> 00:13:46,080
Yes. How long were the two of you
talking before you said you were a
239
00:13:46,440 --> 00:13:51,300
Maybe an hour or so. An hour or so. So
for a while, he could have thought, hey,
240
00:13:51,360 --> 00:13:53,040
this woman thinks I'm attractive.
241
00:13:53,340 --> 00:13:54,390
Is that possible?
242
00:13:54,391 --> 00:13:55,479
I guess.
243
00:13:55,480 --> 00:13:56,530
You guess?
244
00:13:56,700 --> 00:14:00,680
Well, in fact, that was the idea, wasn't
it? I suppose it was.
245
00:14:00,900 --> 00:14:06,039
So before you told him that you worked
for hire, do you think it was possible
246
00:14:06,040 --> 00:14:10,700
was... Already hoping maybe something
could happen upstairs in his hotel room?
247
00:14:11,320 --> 00:14:15,479
I don't know what he was thinking. Did
you feel, sitting there, he was
248
00:14:15,480 --> 00:14:16,919
physically attracted to you?
249
00:14:16,920 --> 00:14:17,970
Yes, I did.
250
00:14:18,300 --> 00:14:21,040
Your Honor, I'd like to see her as she
was that night.
251
00:14:21,340 --> 00:14:24,590
Objection. There's no point. It
certainly goes to our entrapment
252
00:14:24,900 --> 00:14:25,950
I agree.
253
00:14:26,180 --> 00:14:28,230
The court will be adjourned for one
hour.
254
00:14:29,360 --> 00:14:32,520
Life with parole, we both save ourselves
a lot of aggravation.
255
00:14:32,780 --> 00:14:33,980
Are you out of your mind?
256
00:14:33,981 --> 00:14:36,619
He could have been out of his, Helen, in
which case... There's no way I'm making
257
00:14:36,620 --> 00:14:40,379
any deal which allows this guy to see
the street again. I understand the
258
00:14:40,380 --> 00:14:42,730
outcry. It has nothing to do with public
outcry.
259
00:14:48,520 --> 00:14:52,460
Look at what he did.
260
00:14:54,820 --> 00:14:56,020
That's how she was found.
261
00:14:57,980 --> 00:14:59,300
You want him free one day?
262
00:15:02,320 --> 00:15:03,370
No.
263
00:15:03,620 --> 00:15:07,320
But if you don't offer us something, we
have no choice but to go to trial.
264
00:15:08,620 --> 00:15:09,670
We'll agree to life.
265
00:15:10,440 --> 00:15:14,699
I can't agree to parole. Come on, did
you really expect me to? I don't feel
266
00:15:14,700 --> 00:15:18,419
devoting six months of my life to this
guy. Judge Hiller did that to you, not
267
00:15:18,420 --> 00:15:19,470
me.
268
00:15:23,580 --> 00:15:26,580
Could you just walk over to the foreman,
hold his hand?
269
00:15:27,240 --> 00:15:31,180
Objection. A woman like this touches
you, it has an effect, Your Honor.
270
00:15:32,680 --> 00:15:33,730
Go ahead.
271
00:15:42,740 --> 00:15:44,860
Now smile at him like you did my client.
272
00:15:47,880 --> 00:15:48,930
Objection.
273
00:15:49,420 --> 00:15:50,470
Objection.
274
00:15:55,460 --> 00:15:57,140
I really appreciate you coming in.
275
00:15:57,141 --> 00:16:00,919
You shouldn't thank me too fast. I have
absolutely no intention of helping you.
276
00:16:00,920 --> 00:16:04,700
Believe me, we completely understand. We
just have a few questions.
277
00:16:05,180 --> 00:16:08,310
The police say that you were locked
inside Mr. Kingston's home.
278
00:16:08,311 --> 00:16:10,659
Yeah, it was like one of those barricade
doors.
279
00:16:10,660 --> 00:16:12,640
And you went there willingly, correct?
280
00:16:13,140 --> 00:16:14,280
Yeah, I spent the night.
281
00:16:17,540 --> 00:16:20,260
At what point did you decide that you
were kidnapped?
282
00:16:21,200 --> 00:16:27,759
When I woke up, he was gone, and I
couldn't get out the door with the
283
00:16:27,760 --> 00:16:29,500
I called the police. There was panic.
284
00:16:29,710 --> 00:16:33,380
And when they got there, you told them
that there were guns in the closet?
285
00:16:33,390 --> 00:16:35,010
I told them that's what he told me.
286
00:16:42,490 --> 00:16:44,170
And that's when they opened it up?
287
00:16:44,810 --> 00:16:47,760
Yeah, that's the last thing I remember
before passing out.
288
00:16:48,330 --> 00:16:54,510
When they opened the door and I... I
spent the night with him.
289
00:16:56,530 --> 00:16:57,610
I could have been next.
290
00:17:03,709 --> 00:17:06,329
Good news or bad, depending on how you
look at it.
291
00:17:07,230 --> 00:17:08,280
What?
292
00:17:08,890 --> 00:17:10,940
We got a shot at getting this case
kicked.
293
00:17:10,941 --> 00:17:12,689
Excuse me?
294
00:17:12,690 --> 00:17:13,740
Fourth Amendment.
295
00:17:13,910 --> 00:17:15,170
Could be a bogus search.
296
00:17:15,490 --> 00:17:17,670
How do you figure? They moved in on a
kidnap.
297
00:17:17,890 --> 00:17:19,450
There was no kidnap here, Bobby.
298
00:17:19,829 --> 00:17:23,379
He was coming back to the place with
donuts. The police didn't know that.
299
00:17:23,380 --> 00:17:26,868
there was nothing exigent. The arresting
officer is taking the stand tomorrow at
300
00:17:26,869 --> 00:17:29,549
the PC hearing. If he says what I think
he's going to, our little nun killer
301
00:17:29,550 --> 00:17:30,439
could walk.
302
00:17:30,440 --> 00:17:35,320
Lindsay, there was a woman locked up
inside his apartment and a chopped up
303
00:17:35,620 --> 00:17:38,990
And I'm telling you, we might be able to
suppress the chopped up nun.
304
00:17:41,280 --> 00:17:42,860
I don't really want to.
305
00:17:44,040 --> 00:17:45,090
You think I do?
306
00:17:49,280 --> 00:17:51,980
I paid the woman the money. I don't deny
that.
307
00:17:52,300 --> 00:17:56,400
But? But I didn't go into the bar
looking for a call girl.
308
00:17:57,000 --> 00:18:01,000
I sat down at the bar, I ordered a
nightcap, then she sat down.
309
00:18:01,660 --> 00:18:06,159
Okay, but Mr. Burroughs, she didn't
force you to hire her services. We were
310
00:18:06,160 --> 00:18:07,740
talking, getting along.
311
00:18:08,540 --> 00:18:12,799
You know, I should have known something
was up. Pretty women never come up to
312
00:18:12,800 --> 00:18:13,850
me.
313
00:18:14,080 --> 00:18:16,580
Things were getting flirtatious.
314
00:18:17,080 --> 00:18:18,760
And I started thinking...
315
00:18:19,750 --> 00:18:20,800
Hotel bar.
316
00:18:20,990 --> 00:18:22,040
I'm on the road.
317
00:18:22,250 --> 00:18:26,189
He says he's on the road. And my mind is
going right to where a man's mind goes
318
00:18:26,190 --> 00:18:27,330
to in these situations.
319
00:18:27,570 --> 00:18:28,620
Which is where?
320
00:18:28,950 --> 00:18:30,000
My penis.
321
00:18:30,250 --> 00:18:31,300
Mr. Burroughs.
322
00:18:32,070 --> 00:18:33,970
I'm just being honest.
323
00:18:34,270 --> 00:18:39,109
I haven't slept with a woman in four
years. I don't even go looking for it.
324
00:18:39,110 --> 00:18:40,160
a realist.
325
00:18:40,530 --> 00:18:43,370
But now suddenly I'm thinking this is a
possibility.
326
00:18:43,371 --> 00:18:44,769
And then?
327
00:18:44,770 --> 00:18:47,069
Then she tells me she's the lady of the
evening.
328
00:18:47,070 --> 00:18:48,270
And how did you respond?
329
00:18:49,230 --> 00:18:50,280
I was crushed.
330
00:18:50,670 --> 00:18:55,390
One minute I was thinking this beautiful
woman was actually attracted to me.
331
00:18:55,810 --> 00:18:59,829
And then the next day I come crashing
back down to earth. But as we continue
332
00:18:59,830 --> 00:19:05,269
talking, I begin to realize why she's
sitting there and smiling at me. And it
333
00:19:05,270 --> 00:19:10,809
occurs to me that this possibility that
I've been so excited about, that still
334
00:19:10,810 --> 00:19:14,870
exists. And all of these little dreams I
had been dreaming.
335
00:19:16,370 --> 00:19:18,590
Well, suddenly $400 seemed cheap.
336
00:19:19,130 --> 00:19:20,390
And I said yes.
337
00:19:21,350 --> 00:19:26,449
She got me as thirsty as she could. She
led me to a trough, and then I get
338
00:19:26,450 --> 00:19:28,650
arrested because I wanted to drink.
339
00:19:30,570 --> 00:19:32,290
We were responding to a 911.
340
00:19:32,610 --> 00:19:35,920
When we got there, we found the girl
behind the padlock steel door.
341
00:19:35,930 --> 00:19:36,980
Then what happened?
342
00:19:37,070 --> 00:19:41,349
We cut through the door, freed the
woman. She told us the suspect had guns
343
00:19:41,350 --> 00:19:42,550
something in the closet.
344
00:19:43,390 --> 00:19:47,590
We opened the closet door, found the
remains of the nun.
345
00:19:49,390 --> 00:19:54,529
After you cut through the front door to
reach Miss Simonson, there was no real
346
00:19:54,530 --> 00:19:56,150
emergency, was there, officer?
347
00:19:56,370 --> 00:20:00,349
I suppose not. And did you feel Miss
Simonson had the authority to give you
348
00:20:00,350 --> 00:20:01,910
permission to open the closet?
349
00:20:02,930 --> 00:20:05,150
Well... You knew it wasn't her home,
right?
350
00:20:08,370 --> 00:20:10,850
And by the way, how did you open the
closet?
351
00:20:11,730 --> 00:20:12,780
Crowbar.
352
00:20:13,510 --> 00:20:17,309
Your Honor, at this time, the defense
asks that you suppress the entire
353
00:20:17,310 --> 00:20:18,360
of that closet.
354
00:20:27,790 --> 00:20:29,270
I see counsel in chambers.
355
00:20:32,510 --> 00:20:36,889
It's a no -brainer. No exigency, no
plain sight. The police were responding
356
00:20:36,890 --> 00:20:40,089
what they thought was a kidnap. But
after they went in, they had the girl.
357
00:20:40,090 --> 00:20:42,929
if there's cause for an arrest, there's
cause for a search incident to an
358
00:20:42,930 --> 00:20:44,729
arrest. Did you just make that up? Hold
on.
359
00:20:44,730 --> 00:20:47,449
They could have secured the premises,
got the warrant, they could have come
360
00:20:47,450 --> 00:20:51,269
and searched. Instead, they just skipped
the warrant. If there was one kidnap,
361
00:20:51,270 --> 00:20:54,169
there could have been two. Somebody
clearly could have been in that car. All
362
00:20:54,170 --> 00:20:56,510
right, let's just cut through this.
363
00:20:57,740 --> 00:21:02,099
I'm told you'd agree to life with
parole. Let's just do that. That offer
364
00:21:02,100 --> 00:21:03,119
on the table anymore.
365
00:21:03,120 --> 00:21:07,799
Bobby, I suggest you take it. Why?
Because that officer could have
366
00:21:07,800 --> 00:21:10,090
believed there were exigent
circumstances.
367
00:21:10,350 --> 00:21:14,669
What? He's a young kid. He comes upon a
kidnap. Hold on a second. Lower your
368
00:21:14,670 --> 00:21:18,990
voice, please. You stuck us on this case
to do a job. Which I'm grateful for.
369
00:21:19,050 --> 00:21:21,520
And you gotta do yours. Don't you raise
your voice.
370
00:21:21,710 --> 00:21:25,610
You're looking to avoid setting this guy
free. I get it. But the search was bad.
371
00:21:25,611 --> 00:21:28,269
I said lower your voice. There were no
exigent circumstances.
372
00:21:28,270 --> 00:21:32,889
The suspect wasn't even there. They knew
the girl had no authority to say yes to
373
00:21:32,890 --> 00:21:36,090
the search. They had to get a warrant.
They didn't. They screwed up.
374
00:21:36,091 --> 00:21:39,759
And everybody in this room knows they
screwed up. And if you suppress the
375
00:21:39,760 --> 00:21:41,980
contents of that closet, this guy walks.
376
00:21:42,280 --> 00:21:45,560
We all know that, too. The victim and
the weapon were inside.
377
00:21:48,420 --> 00:21:50,160
I'll hear oral arguments tomorrow.
378
00:21:50,440 --> 00:21:54,399
Why? Because I want to. It's my
prerogative. Do you keep forgetting I'm
379
00:21:54,400 --> 00:21:55,900
judge? Let's not you forget it.
380
00:21:57,040 --> 00:21:59,800
Oral arguments at 10 o 'clock tomorrow.
381
00:22:01,620 --> 00:22:03,140
I'll see Ms. Gamble alone.
382
00:22:03,500 --> 00:22:05,020
Why? Hey, out!
383
00:22:12,970 --> 00:22:14,770
You better give me something, Helen.
384
00:22:15,490 --> 00:22:19,749
I don't want to set him free any more
than you want me to, but you better give
385
00:22:19,750 --> 00:22:21,309
me something because...
386
00:22:21,310 --> 00:22:27,410
Your Honor,
387
00:22:27,490 --> 00:22:30,650
go get something.
388
00:22:31,870 --> 00:22:33,610
You haven't got much time.
389
00:22:38,320 --> 00:22:43,479
Under the belief this woman was a
prostitute, you agreed to pay her $400
390
00:22:43,480 --> 00:22:46,020
sex. She had me in an aroused state.
391
00:22:46,220 --> 00:22:51,220
Is that your defense? You were in an
aroused state? My defense is entrapment.
392
00:22:51,600 --> 00:22:54,910
And this crime would never have happened
if she hadn't come along.
393
00:22:55,280 --> 00:23:00,080
You agreed to pay her $400 for sex. Yes,
Mr. Tisbury.
394
00:23:00,320 --> 00:23:01,370
They got me.
395
00:23:01,560 --> 00:23:05,499
Good for them. Your Honor, I... No, no,
Jimmy, don't tell me to calm down. Now
396
00:23:05,500 --> 00:23:09,959
I'm angry. Now listen, I pay my taxes
and this is what I get? The government
397
00:23:09,960 --> 00:23:15,080
waving illegal candy bars in my face,
hoping that I will bite. And you did
398
00:23:15,320 --> 00:23:18,630
didn't you, sir? Which brings me right
back to congratulations!
399
00:23:19,240 --> 00:23:23,159
Listen, you know, maybe you ought to
litter the street with $20 bills next
400
00:23:23,160 --> 00:23:25,510
bust the homeless when they don't turn
them in.
401
00:23:31,980 --> 00:23:35,819
What the hell was that? I'm angry. Our
chance is right on sympathy, and you
402
00:23:35,820 --> 00:23:38,460
blew it. I don't care when I think about
what they did.
403
00:23:38,660 --> 00:23:39,710
No, you did it.
404
00:23:39,800 --> 00:23:43,619
They maybe brought you to the trough,
but you did drink, Clyde. I wanted to
405
00:23:43,620 --> 00:23:47,039
drink. I wanted to bite, but I didn't.
Because you got arrested before you
406
00:23:47,040 --> 00:23:53,020
could. All right, Clyde, if we can still
settle... You know something, Jimmy?
407
00:23:53,580 --> 00:23:58,379
I'm a weak person. I know that, but I
never broke a damn law in my life. They
408
00:23:58,380 --> 00:24:01,780
caused me to, and it just isn't fair.
409
00:24:03,211 --> 00:24:10,019
Anything and everything on search and
seizure. Get on Westloft. Check the
410
00:24:10,020 --> 00:24:11,739
Virginia case that threw out Miranda.
411
00:24:11,740 --> 00:24:15,660
Forget lunch, forget dinner. I need
those citations by 7 o 'clock. Go, go,
412
00:24:18,700 --> 00:24:19,750
Don't tell me.
413
00:24:19,751 --> 00:24:23,659
The officer's screwed up, Mark. Now I'm
screwed going in there. Ellen, if he
414
00:24:23,660 --> 00:24:27,579
walks... He's going to walk, Mark,
unless... Between
415
00:24:27,580 --> 00:24:33,560
now and ten o 'clock tomorrow morning, I
have to find something.
416
00:24:47,720 --> 00:24:49,890
up to date are you on the Fourth
Amendment?
417
00:24:50,500 --> 00:24:53,160
The Fourth Amendment is an
embarrassment.
418
00:24:53,540 --> 00:24:54,980
What else do you need to know?
419
00:24:57,440 --> 00:24:58,490
What's wrong?
420
00:25:00,080 --> 00:25:02,380
I may have to set the nun killer free.
421
00:25:03,440 --> 00:25:04,490
What?
422
00:25:04,700 --> 00:25:05,750
Warrantless search.
423
00:25:06,180 --> 00:25:07,660
Stupid police mistake.
424
00:25:07,661 --> 00:25:08,959
Oh, God.
425
00:25:08,960 --> 00:25:13,620
Maybe I should just look the other way.
Let the appeals court do the dirty work.
426
00:25:13,700 --> 00:25:15,560
That isn't you, Zoe. We both know that.
427
00:25:16,030 --> 00:25:18,150
Suppose I transfer it over to you.
428
00:25:18,610 --> 00:25:19,910
Well, it's not me either.
429
00:25:21,870 --> 00:25:26,189
Besides which, I'm having a little thing
with one of the lawyers at Bobby
430
00:25:26,190 --> 00:25:28,780
Donald's firm, so I'd have to recuse
myself anyway.
431
00:25:28,990 --> 00:25:30,770
What? Oh, Jimmy Berluti.
432
00:25:31,150 --> 00:25:32,410
Little bollock.
433
00:25:32,690 --> 00:25:34,250
Have you lost your mind?
434
00:25:34,251 --> 00:25:37,849
What? I'm not supposed to have a
personal life? Well, you shouldn't be
435
00:25:37,850 --> 00:25:42,649
with lawyers who appear before you. I
don't. That's why I just said I'd have
436
00:25:42,650 --> 00:25:44,190
recuse myself. You know...
437
00:25:45,130 --> 00:25:49,469
It's been quite a while since I've seen
you smile. It wouldn't be such a bad
438
00:25:49,470 --> 00:25:52,210
thing if you went out and got
yourself... Never mind.
439
00:26:00,390 --> 00:26:02,390
What am I going to do, Roberta?
440
00:26:04,310 --> 00:26:09,609
The man, this is the killed nun. I put
him back out there, he'll no doubt kill
441
00:26:09,610 --> 00:26:10,660
somebody else.
442
00:26:10,750 --> 00:26:12,250
What about the kidnap charge?
443
00:26:12,490 --> 00:26:16,410
It won't stick. They arrested the guy
coming back to the house with coffee.
444
00:26:16,830 --> 00:26:18,750
The phone in the apartment worked.
445
00:26:18,970 --> 00:26:20,350
She was free to make a call.
446
00:26:20,590 --> 00:26:22,450
Clearly, she wasn't being kidnapped.
447
00:26:22,630 --> 00:26:24,610
What the hell am I going to do?
448
00:26:47,880 --> 00:26:51,130
Nice bomb, Lindsay. Couldn't tell me
over breakfast, could you?
449
00:26:51,500 --> 00:26:52,550
No.
450
00:26:58,220 --> 00:26:59,270
Sorry.
451
00:26:59,540 --> 00:27:03,380
You know, I realize you didn't want this
case either, but still.
452
00:27:04,360 --> 00:27:08,659
What you do for a living, it's
repulsive. And your little credo of just
453
00:27:08,660 --> 00:27:13,079
job, it doesn't excuse it. Hold on a
second, Helen. You hold on. It says
454
00:27:13,080 --> 00:27:16,559
something about a person's character,
the kind of work that she would do.
455
00:27:16,560 --> 00:27:19,599
turning this personal? The fact that you
could represent him even under court
456
00:27:19,600 --> 00:27:22,579
order and look at yourself in the
mirror. I'm not going to listen to this.
457
00:27:22,580 --> 00:27:24,539
don't. It might kick up a little bit of
a conscience.
458
00:27:24,540 --> 00:27:28,099
Oh, give me a break. No, Lindsay, the
breaks go to people who kill nuns. And
459
00:27:28,100 --> 00:27:31,159
police, because they're always innocent.
The police try to catch criminals,
460
00:27:31,160 --> 00:27:34,159
Lindsay. Three of them planted a knife
in Eleanor's desk trying to... to frame
461
00:27:34,160 --> 00:27:37,779
her and George Vogelman. I'm not talking
about that. I am. You know, you're
462
00:27:37,780 --> 00:27:39,800
crying about... This guy killed a nun.
463
00:27:39,801 --> 00:27:42,279
And if we could trust the police, then
we wouldn't have all these searching
464
00:27:42,280 --> 00:27:46,059
scenes. Oh, don't talk to me. Oh, don't
turn this on me. If you were in my
465
00:27:46,060 --> 00:27:49,479
position, you'd do the exact same thing.
I would never be in your position. Hey.
466
00:27:49,480 --> 00:27:51,080
Go to hell. You go to hell.
467
00:28:10,860 --> 00:28:11,940
Were you up all night?
468
00:28:12,280 --> 00:28:13,330
Couldn't sleep.
469
00:28:13,440 --> 00:28:14,490
Sure you could.
470
00:28:14,940 --> 00:28:16,440
Oh, go to hell again.
471
00:28:17,420 --> 00:28:18,470
Lindsay.
472
00:28:20,160 --> 00:28:21,210
I'm sorry.
473
00:28:21,700 --> 00:28:26,000
I don't mean to take it out on you, but
you're here.
474
00:28:28,700 --> 00:28:30,500
You think I want the guy free, Helen?
475
00:28:30,900 --> 00:28:31,950
No.
476
00:28:37,800 --> 00:28:39,040
He hired her.
477
00:28:40,550 --> 00:28:43,170
$400. He agreed to pay her.
478
00:28:43,610 --> 00:28:46,270
And his defense is what? The aroused
penis defense?
479
00:28:47,390 --> 00:28:52,109
The thing about prostitution, ladies and
gentlemen, we can throw the Janes in
480
00:28:52,110 --> 00:28:57,730
jail, but they end up right back out
there because they have no choice.
481
00:28:58,730 --> 00:29:03,230
Broke, some with drug problems, some
with children to support.
482
00:29:03,550 --> 00:29:08,409
They can trade on their bodies, and they
do. They end up right back out on the
483
00:29:08,410 --> 00:29:12,350
street. Because as far as they see it,
there's no other choice.
484
00:29:12,870 --> 00:29:16,050
For the Johns, they do have a choice.
485
00:29:17,590 --> 00:29:19,590
Deterrence works on the Johns.
486
00:29:21,370 --> 00:29:28,369
And if we can shut down the demand by
going after them, and this man, he had a
487
00:29:28,370 --> 00:29:34,810
choice, didn't he? He chose to knowingly
break the law to pay for sex.
488
00:29:36,590 --> 00:29:40,960
Now, He has to pay the consequence for
that choice.
489
00:29:47,220 --> 00:29:52,799
Entrapment. That's defined as when a
person is lured into the commission of a
490
00:29:52,800 --> 00:29:55,980
crime that he has no predisposition to
commit.
491
00:29:56,520 --> 00:29:58,220
And that's this case.
492
00:29:58,620 --> 00:30:04,239
Clyde Burroughs never would have
committed this crime if he had been left
493
00:30:04,240 --> 00:30:05,460
by the police.
494
00:30:05,960 --> 00:30:07,470
That's... Entrapment.
495
00:30:07,910 --> 00:30:12,390
And Mr. Tisbury stands here lecturing
you on how we have to stop the Johns.
496
00:30:13,250 --> 00:30:15,150
Clyde never was a John in his life.
497
00:30:15,390 --> 00:30:20,590
He only became a John here because the
police convinced him to become one.
498
00:30:20,970 --> 00:30:22,230
And big picture.
499
00:30:22,790 --> 00:30:25,910
Is this what we want the police to be
doing?
500
00:30:26,490 --> 00:30:31,229
Staking out law -abiding citizens,
baiting them into committing crimes,
501
00:30:31,230 --> 00:30:32,280
busting them?
502
00:30:33,730 --> 00:30:37,670
Sure. If Clyde Burroughs had been
stronger, he could have resisted.
503
00:30:37,970 --> 00:30:41,310
Maybe if he'd been more moral, he would
have resisted.
504
00:30:41,690 --> 00:30:43,910
But he wasn't. He was weak.
505
00:30:44,590 --> 00:30:49,929
And thank God we have the police to go
out and find the weak and lure them into
506
00:30:49,930 --> 00:30:50,980
committing crimes.
507
00:30:51,410 --> 00:30:54,870
Come on. The police are supposed to
protect us.
508
00:30:55,240 --> 00:30:59,679
not trap us. The police are supposed to
be catching the people who are out there
509
00:30:59,680 --> 00:31:03,919
committing crimes, not finding innocent
people and luring them into committing
510
00:31:03,920 --> 00:31:04,970
crimes.
511
00:31:06,360 --> 00:31:12,159
Clyde Burroughs would not be sitting
here today but for the actions of a
512
00:31:12,160 --> 00:31:13,210
officer.
513
00:31:15,560 --> 00:31:18,660
Is this the government we want?
514
00:31:23,530 --> 00:31:24,910
Donald Young, Dolan Fright.
515
00:31:26,010 --> 00:31:27,090
Oh, shut up.
516
00:31:31,470 --> 00:31:33,230
Heard of Star 69, you idiot?
517
00:31:33,470 --> 00:31:35,030
I'm reporting you to the police.
518
00:31:35,510 --> 00:31:36,560
What's going on?
519
00:31:36,970 --> 00:31:38,020
It's his case.
520
00:31:38,330 --> 00:31:39,770
People don't like us doing it.
521
00:31:45,890 --> 00:31:47,510
Absent, exigent circumstances.
522
00:31:48,290 --> 00:31:50,520
The police cannot search without a
warrant.
523
00:31:50,730 --> 00:31:53,440
They thought she was kidnapped. Which
buys them entry.
524
00:31:54,170 --> 00:31:58,350
But once they had her, once the exigency
was over, they had to get a warrant.
525
00:31:58,351 --> 00:32:02,449
There was no danger of losing evidence.
They could have secured the premises.
526
00:32:02,450 --> 00:32:05,929
They can't even argue search incident to
the arrest because the suspect was
527
00:32:05,930 --> 00:32:07,490
arrested outside the building.
528
00:32:09,290 --> 00:32:16,290
I know the idea of setting a murder
defendant free is, of course,
529
00:32:16,310 --> 00:32:18,290
repugnant.
530
00:32:19,440 --> 00:32:23,360
to everybody in this room, especially
this defendant.
531
00:32:24,260 --> 00:32:28,959
But we have a Constitution, a Fourth
Amendment and case law that couldn't be
532
00:32:28,960 --> 00:32:33,280
more clear. The police were required to
have a warrant to search that closet.
533
00:32:33,460 --> 00:32:37,539
They didn't get that warrant. As a
result, everything in that closet is
534
00:32:37,540 --> 00:32:39,240
inadmissible as evidence.
535
00:32:45,580 --> 00:32:46,640
Ms. Gamble.
536
00:32:49,800 --> 00:32:50,850
Ms. Gamble?
537
00:32:59,940 --> 00:33:02,740
The Fourth Amendment does not require
warrants.
538
00:33:03,020 --> 00:33:08,039
It protects people against unreasonable
searches, but it has never, by its
539
00:33:08,040 --> 00:33:12,299
language, required warrants. The Supreme
Court has chimed in and said that it
540
00:33:12,300 --> 00:33:13,350
does.
541
00:33:13,450 --> 00:33:17,909
The modern Supreme Court interpreted it
that way. The language only requires
542
00:33:17,910 --> 00:33:22,169
reasonableness, and nowhere, nowhere
does the Fourth Amendment ever say that
543
00:33:22,170 --> 00:33:26,410
evidence obtained absent a warrant or
even absent reasonableness be excluded.
544
00:33:26,750 --> 00:33:31,030
This exclusionary rule wasn't carved out
by the courts until 1961.
545
00:33:31,670 --> 00:33:37,109
That means for 172 years, the Fourth
Amendment did just fine without
546
00:33:37,110 --> 00:33:41,699
evidence. The courts decided to impose
that sanction. The courts decided that
547
00:33:41,700 --> 00:33:46,199
that would be the best way to remedy
police misconduct. Now we've stretched
548
00:33:46,200 --> 00:33:47,520
to remedy police mistakes.
549
00:33:48,380 --> 00:33:51,280
Innocent mistakes which themselves are
reasonable.
550
00:33:51,520 --> 00:33:56,299
If a convicted felon locks up a woman,
if he tells her he has guns in his
551
00:33:56,300 --> 00:33:59,520
closet, reason says he's forfeited his
right to privacy.
552
00:34:00,120 --> 00:34:03,920
Reason says those police officers should
go in and investigate.
553
00:34:04,340 --> 00:34:09,919
Are you asking me to ignore the holdings
of the Supreme Court? I'm asking you to
554
00:34:09,920 --> 00:34:14,599
recognize the absurdity of the
exclusionary rule. I'm asking you to
555
00:34:14,600 --> 00:34:19,658
how ridiculous it is to require 20 -year
-old police officers to understand the
556
00:34:19,659 --> 00:34:21,900
law when judges and lawyers can't.
557
00:34:21,901 --> 00:34:26,238
In this case, there was no misconduct by
the officers. They rescued a woman who
558
00:34:26,239 --> 00:34:27,379
appeared to be kidnapped.
559
00:34:27,380 --> 00:34:31,019
They attempted to make sure the
apartment was gun -free before the
560
00:34:31,020 --> 00:34:32,800
returned. This is reasonable.
561
00:34:33,120 --> 00:34:38,480
That man sitting right over there
stabbed Anon 30 times and cut her into
562
00:34:38,620 --> 00:34:40,499
He has a felony record. He...
563
00:34:40,500 --> 00:34:47,619
Last
564
00:34:47,620 --> 00:34:51,380
night, I got into a screaming argument
with the defense counsel.
565
00:34:52,000 --> 00:34:54,060
She accused me of making this personal.
566
00:34:56,540 --> 00:34:57,700
It is personal.
567
00:35:00,160 --> 00:35:02,940
I take my job very personally, Your
Honor.
568
00:35:03,500 --> 00:35:08,060
I like to come in here thinking the work
I do counts for something.
569
00:35:08,880 --> 00:35:10,920
Just like those police officers.
570
00:35:13,200 --> 00:35:14,250
And...
571
00:35:14,510 --> 00:35:20,409
When we see criminals get turned loose
on technicalities that have nothing to
572
00:35:20,410 --> 00:35:27,109
with merit or... The Constitution was
designed to
573
00:35:27,110 --> 00:35:29,790
protect the innocent, not the guilty.
574
00:35:31,250 --> 00:35:38,149
In this case, that man, Your Honor, feed
this right into the mouths of the
575
00:35:38,150 --> 00:35:39,200
Supreme Court.
576
00:35:39,810 --> 00:35:42,890
If they want to spit him back on the
street, yes.
577
00:35:43,790 --> 00:35:47,710
Yes, I'm asking you to overrule recent
decisions.
578
00:35:48,250 --> 00:35:51,510
We need a brave judge to do that, Your
Honor.
579
00:35:51,990 --> 00:35:56,109
Otherwise, they'll never get the chance
to revisit the irrationality of...
580
00:35:56,110 --> 00:36:02,210
He killed a nun.
581
00:36:03,890 --> 00:36:07,010
He mutilated a nun and stuffed her into
a closet.
582
00:36:07,970 --> 00:36:10,860
Fourth Amendment was never meant to
protect this animal.
583
00:36:14,060 --> 00:36:15,110
I'm sorry.
584
00:36:15,720 --> 00:36:16,770
It's personal.
585
00:36:28,320 --> 00:36:35,119
I don't want to be Judge Hiller. I think
Helen did
586
00:36:35,120 --> 00:36:36,059
pretty well.
587
00:36:36,060 --> 00:36:38,620
Given her hand, I've seen you better.
588
00:36:39,880 --> 00:36:40,930
I'm sorry?
589
00:36:42,299 --> 00:36:46,059
You hit all the marks. You certainly
weren't bad, but I've seen you better.
590
00:36:46,060 --> 00:36:47,139
you accusing me of something?
591
00:36:47,140 --> 00:36:50,519
No. Let's see you defend that guy
better, Bobby. I wasn't criticizing.
592
00:36:50,520 --> 00:36:51,660
are, and I don't like it.
593
00:37:30,030 --> 00:37:31,650
Will the defendant please rise?
594
00:37:40,110 --> 00:37:41,790
Has the jury reached its verdict?
595
00:37:42,070 --> 00:37:44,250
We have, Your Honor. What say you?
596
00:37:45,210 --> 00:37:46,950
In the matter of Commonwealth v.
597
00:37:47,330 --> 00:37:51,889
Burroughs on the charge of solicitation,
we find the defendant, Clyde Burroughs,
598
00:37:51,890 --> 00:37:53,050
not guilty.
599
00:37:53,890 --> 00:37:54,940
Oh, God.
600
00:37:55,470 --> 00:37:56,520
Oh, thank you.
601
00:37:57,350 --> 00:37:59,310
You stuck to your guns, Clyde.
602
00:37:59,690 --> 00:38:00,740
You hung in there.
603
00:38:02,950 --> 00:38:07,030
I gotta admit, I didn't think we'd win.
Well, I owe you big.
604
00:38:07,650 --> 00:38:11,369
Do me a favor. From now on, go to bars
like this instead of hotels. Pretty
605
00:38:11,370 --> 00:38:13,110
don't come in here except for Beck.
606
00:38:13,330 --> 00:38:14,410
I take offense at that.
607
00:38:15,310 --> 00:38:19,229
Roberta. Hi. I just swung by to tell you
that I won't be able to see you later
608
00:38:19,230 --> 00:38:22,250
tonight. I gotta check on Judge Hiller.
She may need me.
609
00:38:22,790 --> 00:38:23,840
How'd she rule?
610
00:38:23,890 --> 00:38:26,660
Oh, she hasn't yet. I don't know which
way she's gonna go.
611
00:38:26,960 --> 00:38:29,820
So, can I please have a rain check for
dinner?
612
00:38:30,580 --> 00:38:31,760
Sure. Oh, sure.
613
00:38:32,660 --> 00:38:34,340
Never mind. I'm going to go.
614
00:38:36,060 --> 00:38:37,110
I'll call you later.
615
00:38:42,400 --> 00:38:46,400
We're friends.
616
00:39:14,570 --> 00:39:20,269
I agree with Ms. Gamble. There is
nothing in the language of the Fourth
617
00:39:20,270 --> 00:39:22,350
Amendment that requires warrants.
618
00:39:22,770 --> 00:39:27,890
Nor is there anything that says
illegally obtained evidence should be
619
00:39:28,090 --> 00:39:34,369
These rulings have been carved out by
the courts in response to our distrust
620
00:39:34,370 --> 00:39:35,369
the police.
621
00:39:35,370 --> 00:39:39,969
I also realize the courts are more than
willing to adjust their thinking to the
622
00:39:39,970 --> 00:39:41,020
needs of the day.
623
00:39:42,150 --> 00:39:43,650
We search...
624
00:39:44,000 --> 00:39:49,540
Bags at airports now, without warrants.
Make people go through metal detectors.
625
00:39:49,980 --> 00:39:54,220
California requires fingerprints just to
get a driver's license.
626
00:39:54,600 --> 00:40:00,359
The Department of Transportation has
mandatory drug testing. We have all
627
00:40:00,360 --> 00:40:07,239
invasive things we do to people, absent
not only warrants, but absent any
628
00:40:07,240 --> 00:40:08,640
suspicion of wrongdoing.
629
00:40:09,140 --> 00:40:11,640
So, why camp?
630
00:40:12,200 --> 00:40:17,759
a police officer who's been told there
are weapons in the closet of a convicted
631
00:40:17,760 --> 00:40:24,160
felon, a man suspected of kidnapping,
why can't he open the closet?
632
00:40:25,880 --> 00:40:29,140
I agree with the district attorney.
633
00:40:29,360 --> 00:40:35,519
The Fourth Amendment has been
interpreted and expanded by the court to
634
00:40:35,520 --> 00:40:41,600
where it belies both the language and
the intent of the amendment, which is...
635
00:40:42,000 --> 00:40:43,380
reasonableness.
636
00:40:49,280 --> 00:40:56,079
But I also know that Supreme Court
637
00:40:56,080 --> 00:41:02,640
rulings on search and seizure have set
clear rules.
638
00:41:03,100 --> 00:41:06,280
And as much as I would love to be a
renegade.
639
00:41:06,840 --> 00:41:13,619
Our criminal justice system has no
chance whatsoever once the judges
640
00:41:13,620 --> 00:41:17,760
begin embracing judicial anarchy.
641
00:41:18,300 --> 00:41:21,560
The search of the closet was illegal.
642
00:41:21,880 --> 00:41:28,819
The contents are inadmissible. With the
contents suppressed, I find no probable
643
00:41:28,820 --> 00:41:30,440
cause to hold the defendant.
644
00:41:30,700 --> 00:41:32,240
He is free to go.
645
00:41:54,770 --> 00:41:56,868
can we get it
646
00:41:56,869 --> 00:42:01,419
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