Original subtitles

MAN [over earbuds]: on the court tell a different story.

You're listening to Strictly Legal Talk,

a professional legal podcast.

[knocking]

MAN: Excuse me, Judge Duggan?

Tony. Come in.

Listen, I know

you're new, but everyone around here calls me Madison.

Yes, ma'am.

I didn't mean to disturb you, but the jury's in the box. [Gavel bangs]

Please introduce yourself to Her Honor

and the membersof the jury.

My name is Debra Jansen,

and I'm a registered nurse.

Did you and the defendant, Dr. Stanley Ferris,

perform an assisted suicide?

Yes. We did.

And could you please describe the circumstances?

The patient was a 72-year-old male.

He was sufferingfrom diabetes and heart disease.

Didn't have long to live, but obviously,

in a tremendous amount of pain and discomfort.

[door opens]We went

to his home. I administered

four milligrams of ondansetron.

It's a tablet.

We give itto prevent nausea, vomiting.

Once he'd gotten that down,

Dr. Ferris mixed ten grams

of secobarbital with apple juice.

About 30 minutes later,

the patient stopped breathing.

Thank you. I have nothing further, Your Honor.

Any questions from the defense?

MALLOY: Let me ask you a question, Ms. Jansen.

The deceased was suffering, wasn't he?

Very much so. Yes.

And he askedto be euthanized, didn't he?

Yes. Of course.

Now the reason you're here today,

the reason we're all here today is that

the A.D.A. cut you a deal in exchange for

your testimony, isn't that right?

She promised not to prosecute me

for being a part of it if I testified. Yes.

Thank you.

I have nothing further.

DUGGAN: Okay.

Let's take a brief recess.

Ms. Boyd, I'd like to see youand the witness in my chambers.

I noticed there are federal agents in the gallery.

Ms. Boyd,

when you promised not to prosecute Ms. Jansen,

did you reach out to your federal counterparts

and make sure the promise would bind the United States.

Attorney's Office, as well?

No, Your Honor.

So you made a deal with this witness,

but you didn'tget the Feds

to sign off on it?

Those FBI agents grab you,

you are lookingat ten years.

Ten years?

So, wait. They're-they're here to arrest me?

I never would have agreed to testify if I had known

that could happen.

You made a critical error.

You should have dialed in the Feds

before you promised her immunity.

Okay. Wait a second. Let's figure this out.

Maybe if you couldlet her stay in here,

she could call her lawyer?

All of us together... we can work this out.

You're not going to work anything out.

They are here to do a job, and they're gonna do it.

The second she walks back into that courtroom,

they are gonna take her into custody,

whether she's called a lawyer or not.

Oh, my God.

I have kids. I...

Why don't you return to the courtroom?

Give us a moment.

[door opens, closes]

COURT OFFICER: All rise!

Oh, no, no, stop. Sorry for

the delay, everyone.

Agents, can you please take your seats?

I'd like to resume trial.

Of course. We'll leave

in just a second, but we need to speak

to the witness who just testified.

The nurse. I think you may have just missed her.

Missed her?

I believe she had another matterto attend to.

Your Honor, let me be clear.

We came here to arrest her.

I don't know what to tell you.

You understand what this looks like?

You called Ms. Jansen into your chambers immediately

after she confesses to illegal drug distribution.

Now she's gone?

Again... I don't know what to tell you.

If you feel you have lawful authority

to arrest someone,

then you should do so. You just need

to do it in a way that doesn't intimidate witnesses,

or cause a disruption in my courtroom.

Understood?

Oh, I completely understand, Your Honor.

But do you understand

that in intentionally allowing Ms. Jansen to evade arrest,

you just committed a federal crime?

[gallery murmuring]

Need you to step down from the bench

and put your hands behind your back.

And I need you to leave my courtroom.

I have a trial to attend to. Court officer?

Seriously?

I'm asking you one last time. Step off the bench.

Judge Duggan, you're being charged

with obstruction of justice andaiding and abetting an escape.

You have the rightto remain silent... Save your breath.

I know the song. I can recite the lyrics by heart.

Anything you say canand will be used against you

in a court of law.

You have the rightto an attorney.

If you cannot afford

an attorney, one will beprovided for you.

MARISSA: Wow.

A judge with half a million Twitter followers.

CHUNK: Well, I'm guessing

she's a bleeding heart?

The kind that sends defendants home with a slap on the wrist?

Well, that is not exactly the way that I would describe her.

A defendant was convictedof a drunk driving hit-and-run.

She ordered him to spend a week living at the morgue.

Eating, sleeping.

All of it, surrounded

by lifeless, mangled victims of car accidents.

A week at the morgue?

I think I'd rather go to prison.

She sentenced another defendant, a slumlord,

to live in one of his rat-infested properties

for six months.

Oh. So she's one of those.

And apparently, it is effective.

Judge Duggan's defendantshave the lowest recidivism rates

in the city... an average of 17%.

Sounds like there's a method to her madness.

[phone chimes, vibrates]Oh.

That's her. She's in the lobby.

DUGGAN: I appreciate

you seeing me on such short notice.

I know you're both very busy.

Happy to be of help.

DUGGAN: First, I know what peopleare saying about me.

They think I have some sort of agenda,

both political and personal. Well,

you were elected to the bench. People assume

you have your sights set on bigger and better things.

BENNY: The prosecutor is alleging you used

your platform as a judge to raise your profile,

make a political statement.

The prosecutor's wrong.

This isn't about self-promotionor assisted suicide.

In fact, I don't even havean opinion on assisted suicide.

Then, why'd you do it?

You, of all people, know the jeopardy you're facing.

Could cost you 25 years in prison,

your seat on the bench, your license to practice.

I know it's gonna sound likesomething from a bumper sticker,

but... I did it to protect the sanctity of the courtroom,

the sovereignty of judges,

the-the business of providing justice.

BENNY: Forgive me, but

I'm not sure I follow.

I'm responsible for what happensin my courtroom.

I can't have people who would otherwise testify worry

that if they do, some other arm of law is gonna be

waiting for them in the lobby because they owe back taxes,

or they have an outstanding parking ticket,

or who knows what.

BENNY: So you let her

exit through the judge's lobby to the private elevator,

and slip out the back door of the courthouse?

I gave her time to consult with an attorney,

so she could arrange to turn herself in and avoid arrest.

And did she?

I don't know.

I'm worried she fled.

But that's not the point.

And what is?

Court has to be a safe space,

a sacred space.

Otherwise, no one will participate.

Criminals will walk free,

the crime rate will rise.

So will you help me?

Will you represent me?

Please?

Well, when you put it like that.

♪

[bangs gavel]Good morning. I understand

the defense has filed a motion to dismiss.

That is correct, Your Honor.

Hmm. I'll hear you.

Although, I confess,

my clerk has already informed meof your position.

Apparently,

your client was twittering about it all morning.

[gallery murmuring]

Apparently, she's...

quite the media sensation.

It's tweeting, not twittering.

Argue your motion, Mr. Colón.

Of course, Your Honor. [sighs]

It is the defendant's contentionthat pursuant to Rule 12

of the Federal Rules of Criminal Procedure

that the indictment must be dismissed.

My client is being criminally prosecuted

for doing exactly what she was sworn to do...

Exercise judicial discretion,

protect the integrity of her courtroom, and

ensure that justice is served.

OLSEN: Does that mean

you stipulate that your clientallowed someone to evade arrest?

He's admitting his client did it. I am admitting

nothing of the kind.

She allowed a witness to seek counsel.

Mr. Olsen, does the United States have a response?

It's our position that Ms. Duggan...

Excuse me. It's JudgeDuggan.

The woman is still a judge.

I don't carewhat they call me.

That's not the point.

We need to set a certain tone.

Ms. Duggan is under suspension.

Judge Duggan is on administrative leave

until the case is resolved.

And she should be given

the respect that she deserves.[gavel bangs]

Gentlemen...

since neither of you hasappeared in my courtroom before,

let me set a few ground rules for you.

I run a tight ship.

No one speaks out of turn, and if

I want you to elaborate on anything, I will let you know.

Got it?

Of course, Your Honor. Yes, Your Honor.

Continue please, Mr. Olsen.

The defendant's decision toignore a federal arrest warrant

appears to have been a publicity stunt

orchestrated by a media-savvy jurist,

hoping to eventuallyseek higher elected office.

We simply cannot allow obstructing the work

of federal law enforcement to be taken lightly.

The defendant must be held accountable for her actions.

I must say, I agree with the prosecution.

I'm not going

to endorse a rogue judge's behavior.

The defendant's motion to dismiss is denied.

Case will be decided by a jury.

Clearly, this is gonna be an uphill battle.

One more thing.

Yes, Your Honor?

I'm issuing a gag order.

Respectfully, I don't believe that's necessary, Your Honor.

Objection noted and overruled.

There will be no twittering or Facebooking

or any other form of commentary

during the pendency of this case.

Have I made myself clear?

Yes, Your Honor.

[sighs heavily] Sorry, Bull.

Try as I might, I just could not make it go away.

[sighs]Don't beat yourself up too much.

I realize nowthere was no way on earth

that judge was gonna letour judge off without a trial.

Hmm.

Have you read about our client?

She sure does get some press.

She had this one case once, a residential burglary.

Victim was juggling two jobs at once.

Husband was dying, and she's caring for him.

It's a huge burden for her to get to the court

during normal hours.

So Judge Duggan decided she was gonna hold court at night.

Every component of the system complained.

Courthouse didn't want to keep the lights on.

The jail didn't want to transport the prisoner

after hours.

But our client dug in and made it happen.

That's nice.

I thinkit's more than nice.

I think it'sindicative of someone

who's committed to the ideathat justice should exist

for everyone;it shouldn't be compromised

because it might beinconvenient for the system.

I think she

genuinely believes in these things.

I believe she honestly thought that the nurse's reward

for being willing to testify shouldn't be getting arrested

by another agency.

So, how do you want to play this?

Who would be on your ideal jury?

Well, here'san abstract idea.

Sometimes you haveto skirt the law

in order to maintainits integrity.

You've got that right. Our client...

[sighs]: Judge Duggan...

she's guided by the spirit of the law

rather than the letter of it.

So we want people who can see the big picture.

Exactly. We need to deselect narrow-minded thinkers

and embrace people who are at least willing to explore

the possibility that, while at first glance

something may appear precise and definite,

it may be open to interpretation,

have a deeper meaning.

Good morning.

So, let me ask you a question.

If I say "Statue of Liberty,"

what does that make you think of?

I don't know.

Liberty?

Freedom?

[quietly]: I don't know.

That answer could cut either way.

Could be viewed as either literal or abstract.

Or, really, just obvious.

Kelly Wallace. 61 years old. Teaches physics

at Columbia University.

Well, physicists

are analytical but also very creative.

Physics itself is practical

but can also be very... theoretical.

[mumbles]

Okay.

Liberty, freedom.

Anything else?

Hope.

Ah, hope.

Now, there's the abstract thinker we're looking for.

Your Honor,

this juror is acceptable to the defense.

So, miss, let me ask you a question.

Now, this case makes reference to assisted suicide,

and I'm reading on your questionnaire here

that you are a nun.

Do you think that you can be fair and impartial?

Well... suicide is a mortal sin.

It's an act against the will of God.

I'm not sure what else I can tell you.

Thank you for your candor.

Your Honor, we move

to exclude this juror for cause.

Request is denied.

Excuse me? Request is denied.

There is no cause.

That's absurd.

This witness just answered

she considers suicide... Any kind of suicide...

A mortal sin.

I'd advise you to sit down.

Counsel, want to take control of your client?

What more cause do you need?

Take your seat. Let Benny do his job.

But this case isn't about suicide, it's about you.

Letting someone out the back door to avoid being arrested.

That someone who just assisted in an act of suicide.

How can you not see the prejudicial effect

that that might haveon this juror?

Did you not hear me? Of course I did.

The questions is, did you hear me?

Please let us handle this.

This is my final warning.

Take your seat.

Your lawyer

may exercise oneof his six preemptory challenges

on this jury if he so chooses.

That's not the point. We shouldn't have to use

one of our six preemptory challenges

when this juroris clearly biased.

This is the last time I'm gonna say it.

Take your seat and shut your mouth.

[gallery murmuring]

Fine.

[grunts quietly] I will take my seat

and I will shut my mouth, but I promise you,

tomorrow morning I am filing charges

with the Judicial Board of Review,

and citing your... your infantile behavior

and yourwillful disregard for my rights!

You were warned.

I'm finding you in contempt of court.

[panting]: Marshal, take her into custody.

[handcuffs clicking]

♪

Thank you for bailing me out.

I know I should have exercised better judgment

with regards to my behavior,

but I hope you can both appreciate

that I am right on the issues,

on the principles involved.

I want desperately to believe

that you're not really that naive.

Huh, wow, Dr. Bull.

Tell me what you really think.

Do you realize what you've done?

The self-inflicted damage that you've caused

by pulling that stunt?

You want to go to prison?

No. Of course not.

You have to understand it didn't help your cause

for the jury to see you ushered out of the courtroom

in handcuffs like that.

That alone is a huge setback for us.

I don't disagree. But they also saw

a person stand up for herself and really...

Oh, come on. Look,

I respect that you're a person of principle.

That's why I took you on as a client.

But... [sighs]

You completely destroyed our narrative in there.

We are trying to convince the jury

that you let a woman escape federal custody

because you believe in the sanctity

of the courtroom.

Well, insultinga federal judge

doesn't exactly demonstrate

a belief in the sanctity of the courtroom.

You get that, right?

This is me.

[exhales]

Okay.

Tomorrow, let's trysomething different.

You play the part of the defendant,

we'll play the part of your legal team,

and we'll let the judge be the judge.

What do you say?

I'll certainly try my best.

[car door opens]That would be appreciated.

[door closes]

OLSEN: Agent Mercier,

could you describe what happened when you went

into the defendant's courtroom to effect

a lawful arrest? MERCIER: Well, the defendant

came out of her chambers and essentially admitted

that she purposely aided in the nurse's escape.

Wow.

And what were the repercussions of that? Well,

the most significant was we lost our suspect.

The nurse, Ms. Jansen.

And do we have any idea where she is right now?

We're not certain, but we believe she fled to Canada.

And I assume the Bureau has made attempts to locate her?

Several.

I have nothing further.

How red is it?

It is as red as red can be.

BENNY: Agent Mercier,

thank you for testifying here today.

Now... would it be fair to say that you,

a federal agent,

entered my client's courtroom,

a New York State courtroom,

for the sole purpose of arresting a witness?

Yes. We've made no secret about that fact.

That's precisely what we were there to do.

And you don't thinkthere's anything amiss in that?

Course not. As you well know,

assisting in an act of suicide is a federal crime.

Once we heard that the nurse was going to testify,

once we realized that she was probably going to confess

on the stand, we felt we had no choice

but to be there and take her into custody. Really?

Agent Mercier, are you familiar

with the Tenth Amendment to the Constitution?

"The powers

"not delegated to the United States

"by the Constitution,

"nor prohibited by it to the States,

"are reserved to the States respectively,

or to the people."

You know what that means?

Well, it means that federal law enforcement

are not allowed to recklessly interfere

with the functions of state court.Objection.

Agent Mercier isn't on trial.

And it isn't Mr. Colón's job

to lecture us on the Constitution.

I was getting to the question, Your Honor.

Then ask it, please. BENNY: Yes, sir.

Now, you are a federal law enforcement agent, sir.

Sworn to uphold the Constitution.

Now, wouldn't you agree that state court judges

have a solemn duty to protect witnesses

and victims in their courtrooms?

A duty guaranteed by the Tenth Amendment?

Well, I'm not a constitutional scholar, sir,

but yes, that sounds about right.

And would it surprise you to know that the trial

that you interrupted was declared a mistrial

and cost the taxpayers a lot of money?

No, I didn't know that.

Sounds to me like you're the onewho violated the law

and obstructed justice.

Maybe you're the one who shouldbe sitting at the defense table,

and Judge Duggan should be the key witness against you.

Not the other way around.

No further questions, Your Honor.

[gallery murmuring]

Thank you, Mr. Colón.

Nice job, sir.

[sighs]All part of the service.

HOLLINGSWORTH: Well, this seems good a place

as any to stop for lunch, so...

court will resume in an hour.

All right.

It's, uh, an updatedwitness list.

Debra Jansen? The nurse?

They found her?

I'm sensing this is not goodfor the home team.

OLSEN: Nurse Jansen,

please tell us how you came to be a fugitive from justice.

Well, I was in Judge Duggan's courtroom

testifying, and I guessthese two FBI agents

came in.

I didn't really notice at the time.

But when I was done testifying,

the judge had me come back to her office.

That's when she told me she was pretty sure

they were there to arrest me.

Anyway, I asked the judge. [exhales]

I told her I wanted to call a lawyer,

get some help.

And did you do that?

The judge wouldn't let me.

She said there was no time for phone calls.

So it was the defendant's idea

for you to flee?

Yes.

She told me I should just run,

as far as I could, as fast as I could.

[gallery murmuring]

That is not what happened.

Lower your voice.

OLSEN: So, that's what you did?

She was the judge.

I did what I was told.

Grabbed my kids,

jumped in my car and drove to Quebec.

Your witness.

So, evading the law...

That's something you decided to do on your own.

She told me to run, and I did.

BENNY: "Run"?

You sure that's the word she used?

I'm sure.Hmm.

You sure she didn't say,

"Go to some place safe and call a lawyer

"and come up with a plan,

"so that when federal agents do eventually come and arrest you,

you've got your ducks in a row"?

She told me to run.

All right.

Let's review.

So, you escaped prosecution in the assisted suicide case

by flipping on the doctor.

Do I have that right?

I was subpoenaed to testify against him.

So I did.

And now you're trying to curry favor with the Feds

by turning on the one person who was trying to help you.

I'm just trying to tell the truth.

Oh, no. You are trying to save yourself from prison.

Objection.

Sustained. Ask a question.

You cut a deal with the Feds, didn't you?

I entered into a plea agreementwith the prosecutor.

Right, right.

And part of that agreement

required for you to testify

against the one person who was looking out

for you, the one person

who advised youto get a lawyer first

and then surrenderto authorities,

the one personwhose only intent in all this

was to help you.

I don't know what her intent was.

But she sure seemed happy

to be sticking it to the FBI agents.

Oh, come on.

You don't know that.

Sure, I do.

When the A.D.A. left

and I was alone with Judge Duggan,

she called the Feds "feebs."

She said,"Those feebs,

"they think they're God, but they're not.

In this courtroom, I'm God."

[gallery murmuring]

She's lying.

I would never saysuch a thing.

I believe you.

Unfortunately, my vote doesn't count.

Judge Duggan, since the start of this trial,

people have been sitting in the chair you're sitting in

right now and they've painteda pretty damning picture of you.

So here's my question.

Is any of what Nurse Jansen said true?

Did you intentionally obstruct justice?

Were you flexing your power and your muscle

and sending a message?

Or is Ms. Jansen simply lying?

Well, whether or not someone islying is for the jury to decide.

But I remember itquite differently.

I admit I let Ms. Jansenleave out the back door.

But I promise youit wasn't out of spite

or because I havesome sort of god complex.

Well, then help us understand why you did it.

I did it to protectthe integrity of the process.

You have to understand... this is it for me.

The law is my life.

I eat, sleep and breathe it.

I'm not married.

I don't have any children.

I don't even have any hobbies.

The courtroom is my home.

The people who pass through hereare my guests.

And the people who work there are my family.

From the timel was a child,

all I ever wanted to be was a judge.

Other kids had

astronauts or sports starsas their heroes.

I had a big posterof Justice Thurgood Marshall

above my bed.Mm.

DUGGAN: I believe in the justice system.

I revere it.

But I also knowhow fragile it is.

You tell people they havesomething to fear by testifying,

they will stop testifying.

And if that happens, in my opinion,

that is the end of a civilized society.

[gallery murmuring]

Marissa, please tell me this is making

a difference.[beeping]

Well, we just got our first green.

BENNY: So, just to be clear,

why exactly did you allow Nurse Jansen

to leave via the back door in the courthouse

when you knew federal agents were waiting in your courtroom

to arrest her?

So she could get an attorney.

So she could have someoneon her side

when she surrenderedto the authorities.

She came into my courtroomthinking she was safe.

She made a deal with the A.D.A.that she would testify

in return for her promisethat she wouldn't be prosecuted.

Unfortunately, the district attorney failed

to run the deal by the Feds,

so they feltthey were under no obligation

to abide by it.

BENNY: And you felt that was unfair?

DUGGAN: I felt the state prosecutor

put her and mein a terrible position.

When she found out the Fedswere there to arrest her,

she was crying.

She was worriedabout her children.

So you never instructed her to flee the country?

That would make mean accessory to a federal crime.

I took an oathto uphold the law,

not violate it.

BENNY: Thank you.

That's all I have, Your Honor.

So, let me be certain that I understand.

You just testified that you're totally committed to the law,

that your sole interest, your onlyinterest,

is the pursuit of justice.

Is that correct?

Yes. So, in a sense, the work that you do...

Tweeting out your messages about the court system,

advising a witness in your courtroom to seek counsel

before she can be arrested...

That's all... altruistic?

I mean, there's nothingin it for you.

Y-You're not seeking notoriety or fame,

are you? No.

If fame or notorietyis a by-product

of getting people excitedabout the judicial system,

then so be it.

But, no, it is not my goal.

You're just a humble, honest...

down-to-earth state court judge.

I like to think so. Yes.

Well, thank you for your honesty.

Nothing further.

[gallery murmuring]

What in the world was that about?

Well, whatever it was, it didn't work.

It just keeps getting greener and greener

in here.

Anything else from either side?

Um, not at this time, Your Honor.

The defense rests.

OLSEN: Your Honor, if the defense

is done with their presentation,

the government would like to call a rebuttal witness.

Of course you would.

OLSEN: Please tell us your name and occupation.

My name is Jake Monroe.

I'm in the entertainment business.

Uh, artist representative.

Talent agent.

So you represent TV stars? Actors and actresses?

Well, the vast majority of my business is

in what's called nonfiction television.

Uh, reality television. I see.

And are you familiar with the defendant?

MONROE: Uh, I am. She and I actually had

a number of discussions about the possibility

of her getting into television.

[gallery murmuring]

Is this true? You have an agent?

How did we not know this?

No. I've never had an agent.

He invited me to lunch.Twice. That's it.

OLSEN: I'm confused. Why would

a state judge need a talent agent?

She was elected to office. She has a job.

Well, courtroom shows are a very lucrative, uh, staple

of daytime television.

I read about Judge Duggan in the papers,

uh, started to followher Twitter account.

And I've genuinely come to believe

that she could be the next Judge Judy.

Excuse me, Judge who?

Judge Judy. Very successful.

But she's starting to age out of the job.

It's hard not to imagine that someone like Judge Duggan,

or someone like her, is a potential successor.

So you think she could be a television judge?

I do. [chuckles]

I mean, look at her. She's beautiful,

charismatic.

She's positioned herself well. She already has a following.

You're talking about all the-the tweeting,

posting, social media.

Objection, Your Honor.

Counsel is leading the witness.

Sustained. OLSEN: That's fine.

I have nothing further, Your Honor.

[gallery murmuring]

Did Taylor see anything about this on social media?

Taylor looked through everypost, tweet, blog and hashtag...

With a fine-tooth comb, and there's nothing

about an agent, nothing about television.

Did you actually sign any kind of agreement

with this guy? No.

Of course not.

He told me he wanted to make me a star.

I laughed and picked his brain about social media.

Are you ready to cross-examine, Counselor?

Yes, I am, Your Honor.

Mr. Monroe, yes or no question:

did my client sign a contract with you?

Uh, on paper, no.

But we had an understanding,

which is a fairly typical way of doing things

in the entertainment business.

And when the two of you first met,

who initiated the meeting?

Did she call you, or did you call her?

Uh, I initiated. I called her.

So this was all about an idea you had.

Point of fact, my client never authorized you

to seek any television opportunities on her behalf.

Isn't that true?

No, I don't believe it is.

Look, I do this for a living.

Yes, she was playing hard to get.

She never actually said, "Go do this for me."

But we had lunch twice.

And you don't come back a second time

unless you heard something you liked the first time.

[gallery murmuring]

We have lost all but one of our greens.

[quietly]: Come on, Benny.

You admit...

my client has no agreement in place with you?

Verbal or written. Yes or no?

No, we have no agreement. And the fact is,

while you may be looking for atelevision opportunity for her,

none of it is being done at her behest... true?

True.

Maybe she was saying what she meant.

Maybe she wasn't interested in you... or TV.

Objection. Counsel is testifying.

Ask a question. BENNY: Okay. All right.

Here's a question.

What's your motive here?

This all about sour grapes?

Because if you believe in Judge Duggan,

if you believe, like I do, that her passion for the law,

her sense of integrity, her ability to communicate

what makes our system of justice so special

is in fact what makes her special,

then what are you hoping to accomplish

by coming in here and casting aspersions against her?

You know, if this jury finds her guilty,

not only will shebe done as a judge,

but you won't be able to sell her to television.

After all,

who wants a judge that's been found guilty

of obstructing justice?

Everybody.

I mean, this woman ison the cusp

of being a folk hero.

She helped a regular citizenescape the clutches of the FBI.

[chuckles]

This is America.

We look up to peoplewith a touch of badass in them.

And, if I'm being completely honest,

she's an easier sell if she loses this thing

than if she wins.

That's just the truth.

[gallery murmuring]

Tell me they know better.

Tell me they can see through his cynicism.

They know better. They can see through his cynicism.

HOLLINGSWORTH: Mr. Colón,

do you have anything else for this witness?

Nothing I can say in court, Your Honor.

[gavel bangs]

Will the defendant please rise?

Madam Foreperson, have you reached a verdict?

We have, Your Honor.

We, the jury, find the defendant guilty

on all counts. OLSEN: Your Honor,

the United States moves for sentencing.

Put sentencing over to next week.

Why? We're just delaying the inevitable. Not necessarily.

She's right. It's over, Bull.

I asked you to do something.

Is the defense ready for sentencing?

No, Your Honor.

We'd like a few daysso I can prepare my arguments,

and my client can gether affairs in order.

You can respect the process,

and still not agreewith the outcome.

And I don't.

So here are my two cents.

I think you're exactly the kind of judge

we need on the bench.

I mean it.

You're smart and fair.

You treat everyone with respect.

And you seem determined to breathe life

into an otherwise stodgy institution.

Not to mention you make people actually want to be here.

You have any idea what a feat that is?

So I'm not giving up.

There's got to besome common ground.

You're both judges.

And you're both stubborn.

You're both committedto your work.

It doesn't matter. He has it in for me.

Let's not forget he locked me up for contempt.

Because you violated his rules.

That's right. You spoke out of turn,

and Judge Hollingsworth did something about it.

He exercised his judicial discretion.

And when you stop and think about it,

he believes injudicial sovereignty,

which is kind ofanother way of saying

he believes in the sanctity of the courtroom.

Does that remind you of anyone?

Are both parties prepared to make their arguments

on sentencing?

Actually, we'd like tocall a witness, Your Honor.

We'd like to callJames Wheeler.

Objection. We haven't been given notice.

This is the first we've heard of this witness.

BENNY: Well, as counsel well knows,

the rules of discovery don't apply in sentencing hearings.

No notice is required.

I agree. Let's hear from Mr. Wheeler.

I'm gonna get right to it, Mr. Wheeler.

You are no stranger

to the criminal justice system, are you?

No, I'm sorry to say I'm not.

You have been convicted of a crime, haven't you?

Yes. When I was a teenager,

I-I was a member of a gang,

and I... wegot into trouble, yes.

Five years ago, did you rob a liquor store?

I did.

Four of us went in,

and one of the guys had a gun.

And you stood watch while he demanded money.

[scoffs] Yes, I did.

And were you prosecuted for the robbery?

We all were.

And everyone got sent to prison,

ex-except me.

And why is that? Your Honor,

we all know where this is going.

I'd like to hear from the witness.

Continue.

I don't know.

I think the judge saw something in me,

thought I-I could do something with my life.

Anyway, I got sentenced to probation.

And what's happened since then?

Well, I finished my probation.

Haven't gotten in trouble since.

You finish high school?

Got my GED, and now I'm in college,

studying to be a computer programmer.

And I-I also help out my little brother.

He's graduating high school next year.

So...

the judge saw something special in you,

gave you a break, and now

you are a productive member of society.

I-I like to think so, yeah.

Mr. Wheeler, could you please look around the courtroom

and identify that judge for us?

Uh... he's sitting right here.

[gallery murmuring]

Judge Hollingsworth...

Thank you.

I-I know it's been a while.

I guess you don'tremember me.

But I remember you.

And I'll never forget what you did for me.

Objection. That is a touching story,

but the witness has no relevance

to the sentencing of this defendant.

BENNY: I'm sorry, I disagree.

It's completely relevant, Your Honor.

You know, there's a striking similarity between

what you did for Mr. Wheeler

and what Judge Duggan was trying to do for Nurse Jansen.

Now, Nurse Jansen was led to believe that

what she was doing, testifying, was the right thing to do.

Not a trap, but a solemn duty.

And even though it might not have

hewed to the letter of the law,

Judge Duggan could not allow herto be arrested

without benefit of counsel.

Hauled off in handcuffs in front of jurors

and members of the general public

sitting in the gallery.

No.

In her judicial wisdom,

she realized there had to be another way.

One that didn't compromise her courtroom,

but also didn't shortchange or undercut the authority

of the federal agents charged with bringing her in.

Don't you see, Judge Hollingsworth?

You did the same thing in Mr. Wheeler's case.

You ignored the federal sentencing guidelines,

and instead, looked to the purpose behind them.

Which is to promote public safety

and the good of our society.

I mean, isn't that one of the reasons why we have judges?

To bring their human wisdom and judgment to bear?

Thank you, Mr. Colón.

Mr. Olsen,

do you have any evidence to present on sentencing?

No, Your Honor.

I would simply ask that you sentence the defendant

to serve 48 months

in prison. HOLLINGSWORTH: Mr. Colón,

I'll hear your recommendation.

Actually, Your Honor, I'm not making any recommendations.

I'm asking you to exercise your sovereignty

and discretion one more time.

You have the power to right this wrong.

You can issue a judgment of acquittal.

You want me to set aside the jury's verdict

and enter a finding of not guilty?

I do.

It's highly unusual.

Unusual, but not unwarranted.

Judge Duggan is a principledjurist, and so are you.

No legitimate purpose

will be served by branding her a felon

and sending her to prison.

Judge Duggan, please rise.

I've made my ruling.

I don't condone what you did,

but I respect your reasoning.

And I'm-I'm going to adopt Mr. Colón's request

and issue a judgment for acquittal.

Your Honor... Do not speak, Mr. Olsen,

or I will hold you in contempt.

I hereby set aside the jury's verdict,

and I find you not guilty.

[gavel bangs]Court is in recess.

Hey.

Ah.Look at her.

She looks like a kid who just found out

she doesn't have to change schools, clean out her locker

and leave her friendsafter all.Mm.

Of course, it'snot quite over.

She's still got to go before theCommittee on Judicial Conduct.

I'm gonna see if they'lllet me testify on her behalf.

You were right about her, Bull.

You were right about all of it.[laughs]: Yeah.

Well, what can I say?

She loves court, trials and juries.

Guess it takes oneto know one.

Want to get out of here?

Lead the way, sir.