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1
00:00:03,189 --> 00:00:07,470
Previously on L .A. Law. If you think
you're going to step into the void left
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00:00:07,470 --> 00:00:10,210
my absence so that you can... I've never
seen any void.
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00:00:11,790 --> 00:00:14,830
You think you're this tough, lady? Don't
take me on, Ann.
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00:00:16,610 --> 00:00:21,230
I don't know what your relationship is
with this woman. I don't want to know. I
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00:00:21,230 --> 00:00:23,610
mean, that's for you to figure out.
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00:00:25,230 --> 00:00:28,510
I mean, there's nothing between Grace
and me but friendship.
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00:00:29,230 --> 00:00:31,690
I don't know you well enough to know if
you're lying.
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00:00:32,940 --> 00:00:34,740
But someday I'm going to pick the
expression.
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00:00:36,380 --> 00:00:39,320
Something tells me to look a lot like
the one you're wearing right now.
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00:00:40,420 --> 00:00:45,160
I'm not a wild beast, no matter what you
would like these people to believe.
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00:00:45,400 --> 00:00:48,720
I am a human being, and I did not kill
anyone!
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00:00:51,680 --> 00:00:55,580
In the matter of the people versus Earl
Williams, we, the jury, having
13
00:00:55,580 --> 00:00:59,320
previously found the defendant guilty of
murder in the first degree...
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00:00:59,550 --> 00:01:04,610
and having found special circumstances
to exist, now do fix penalty at death by
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00:01:04,610 --> 00:01:06,190
the infliction of lethal gas.
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00:01:44,300 --> 00:01:51,180
call you as soon as it's over i
shouldn't be trying to get
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00:01:51,180 --> 00:01:56,260
my hopes up here should i death penalty
appeals are usually losers i'm not going
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00:01:56,260 --> 00:01:59,760
to lie to you about that but we do have
a chance or we have a legitimate chance
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00:01:59,760 --> 00:02:06,600
how long does it take them to make up
their minds they usually
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00:02:06,600 --> 00:02:10,840
take it under advisement but you never
know with this kind of case they could
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00:02:10,840 --> 00:02:11,840
decide pretty quickly
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00:02:19,500 --> 00:02:21,940
We've got plenty of appeals left. We
haven't even gotten to the federal court
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00:02:21,940 --> 00:02:23,560
yet, so... Yeah, but...
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00:04:51,140 --> 00:04:53,940
Moving on, Michael, where are we on the
Earl Williams appeal?
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00:04:54,420 --> 00:04:58,000
Oral arguments before the Supreme Court
of California tomorrow, 11 o 'clock.
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00:04:58,260 --> 00:05:01,060
Victor will be second -carrying. Are we
still doing the moot court in
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00:05:01,060 --> 00:05:04,380
preparation? Yes, it's morning. You,
Victor, and Stuart are the judges. I
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00:05:04,380 --> 00:05:05,440
you had a chance to look over the brief.
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I studied them. Good.
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I want you all to be as tough as you
can.
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I'll be giving you a list of the issues
that I believe the judges will be coming
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00:05:12,620 --> 00:05:16,460
at me with, so whatever questions you
can come up with will be very helpful.
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00:05:16,720 --> 00:05:17,900
I think you really got a shot.
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00:05:18,240 --> 00:05:19,240
Yeah.
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00:05:20,170 --> 00:05:23,230
Moving on, major kudos to Rosalind
Chase.
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00:05:23,510 --> 00:05:26,610
She's officially landed Anderson
Industries as a client.
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00:05:26,870 --> 00:05:30,450
This is the second largest steel
distribution company in the country and
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00:05:30,450 --> 00:05:33,090
potentially the biggest client we've
ever had.
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00:05:33,310 --> 00:05:34,089
That's terrific.
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00:05:34,090 --> 00:05:35,090
Way to go, Roz.
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00:05:35,930 --> 00:05:36,930
Thank you.
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00:05:37,110 --> 00:05:42,250
I have a meeting with the CEO on
Wednesday, and I suspect that he'll put
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00:05:42,250 --> 00:05:43,109
right to work.
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00:05:43,110 --> 00:05:44,110
Fantastic.
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00:05:44,390 --> 00:05:48,710
It certainly is. And moving from the
fantastic to the incredible, Arnold.
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00:05:49,340 --> 00:05:51,420
You have a case involving Rochelle
Peters?
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00:05:51,700 --> 00:05:55,160
Yeah, I'm representing her ex -husband.
Is that the Rochelle Peters of the
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00:05:55,160 --> 00:05:58,280
evening news, 7 o 'clock? The very one,
and this is good.
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00:05:59,340 --> 00:06:02,800
Evidently, Miss Peters did some
anchoring before a different kind of
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00:06:02,980 --> 00:06:04,460
Don't tell me. Home videos.
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00:06:05,020 --> 00:06:08,680
Between she and her husband when they
were just newlyweds in the act, in the
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00:06:08,680 --> 00:06:11,840
other act, in the simultaneous act,
anyway, cut to five years later.
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00:06:12,580 --> 00:06:15,620
Husband becomes ex -husband. He has
something all the adult film
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00:06:15,620 --> 00:06:18,660
companies would like to have. He wants
to sell. She slapped him with a
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00:06:18,660 --> 00:06:20,280
restraining order. That's despicable.
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00:06:20,540 --> 00:06:24,600
Have you got the tape? He'll be bringing
it in. We've got a meeting this
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00:06:24,600 --> 00:06:27,220
morning. How can you involve yourself
with something like this?
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00:06:28,080 --> 00:06:30,580
Because it's perverted. It's sordid.
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It's what I live for.
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00:06:34,140 --> 00:06:38,560
Keep it surprised, Arnold. And on that
titillating note, we're adjourned.
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00:06:40,140 --> 00:06:42,400
Bleeding? Can I talk to you about
something?
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00:06:42,840 --> 00:06:46,540
Sure. Well, I've got a meeting in 30
minutes, right after lunch. Actually, I
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00:06:46,540 --> 00:06:47,780
hoping I could do it now. It's
important.
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00:06:48,800 --> 00:06:49,800
Yeah, sure. Come on.
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00:06:50,140 --> 00:06:51,140
Okay.
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00:06:57,960 --> 00:06:59,940
This new client, Anderson Industries.
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00:07:00,180 --> 00:07:01,180
Yes.
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00:07:02,640 --> 00:07:05,720
Anderson Industries has major holdings
in South Africa, Leland.
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00:07:06,620 --> 00:07:08,940
It has a long investment history.
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00:07:09,340 --> 00:07:13,100
In South Africa, it distributes steel
girders produced in South Africa.
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00:07:13,440 --> 00:07:20,400
Now, I'm not a very political person,
and I know it's not the place of
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00:07:20,400 --> 00:07:23,420
an associate to have input on the
accepting or the rejecting of clients,
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00:07:23,420 --> 00:07:27,500
this company helps promote apartheid,
and I'd have big problems being
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00:07:27,500 --> 00:07:28,500
with them.
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00:07:28,600 --> 00:07:33,360
Well, Jonathan, I don't know anything
about Anderson's connections in South
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00:07:33,360 --> 00:07:34,820
Africa or where they invest.
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00:07:35,200 --> 00:07:36,200
I do.
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00:07:38,440 --> 00:07:41,980
Has this company, to your knowledge,
ever done anything illegal? No, but they
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00:07:41,980 --> 00:07:46,540
have repeatedly violated the spirit of
Congress's economic sanctions by finding
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00:07:46,540 --> 00:07:49,100
loopholes to keep importing South
African products.
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00:07:49,700 --> 00:07:54,720
Leland, they have at least indirectly
supported a government based on white
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00:07:54,720 --> 00:07:59,460
supremacy. I just don't see how we can
attach ourselves to any client who could
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00:07:59,460 --> 00:08:00,480
attach themselves to that.
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00:08:03,440 --> 00:08:05,600
If you really want to make an issue...
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00:08:06,590 --> 00:08:11,390
I'll take it to the partners. But I
gotta tell you, this is a major client.
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00:08:14,570 --> 00:08:15,810
I want to make it an issue.
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00:08:23,110 --> 00:08:29,750
There are five separate
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grounds, each individually warranting a
new trial.
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00:08:33,510 --> 00:08:37,880
The first... concerns the DNA tests
which were used to establish Earl
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00:08:37,880 --> 00:08:38,900
at the scene of the crime.
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00:08:39,380 --> 00:08:43,659
Now, the technology... An eyewitness
also put your client at the scene,
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00:08:43,960 --> 00:08:47,200
That idea would shake you at best, Your
Honor. The DNA identification
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conclusively established it, and that
technology was recently shown to be
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00:08:51,460 --> 00:08:55,260
suspect. You can't expect this court to
make scientific findings on the basis of
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00:08:55,260 --> 00:08:57,260
appellate briefs and oral arguments.
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00:08:57,520 --> 00:09:02,220
No. I do expect the court to take
judicial notice, however, of the lack of
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00:09:02,220 --> 00:09:06,380
uniformity within the scientific
community concerning the reliability of
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00:09:06,380 --> 00:09:10,300
testing. Don't get snide, Mike. You'll
just put him off. Well, I think we
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00:09:10,300 --> 00:09:11,540
stick to the format here, okay?
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00:09:14,320 --> 00:09:20,780
The second ground is the trial court's
abuse of discretion in failing to reopen
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00:09:20,780 --> 00:09:23,520
the case to admit newly discovered
evidence.
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00:09:23,720 --> 00:09:26,880
That would be the eyewitness testimony
of Philip Michael Holden.
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00:09:27,200 --> 00:09:31,240
That's correct. Mr. Holden saw a black
by the name of Ronald Sewell coming out
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00:09:31,240 --> 00:09:35,140
of Nina Corey's apartment building at
the time of the murder. Now, had the
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00:09:35,140 --> 00:09:39,720
been allowed to hear this evidence...
This witness was a convicted drug dealer
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00:09:39,720 --> 00:09:43,160
who decided to come forth with his
testimony in exchange for your
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00:09:43,160 --> 00:09:44,420
services. Would that be right?
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00:09:44,640 --> 00:09:48,280
Yes, it would. And the trial court
conducted an evidentiary hearing to
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00:09:48,280 --> 00:09:51,620
the credibility of this witness, after
which the judge deemed him to be
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00:09:51,620 --> 00:09:53,900
unreliable. Isn't that right, counsel?
Yeah, that's correct.
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00:09:54,240 --> 00:09:55,500
And you're asking us...
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00:09:55,740 --> 00:10:00,200
to substitute our judgment for the trial
judge who listened to him and had
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00:10:00,200 --> 00:10:01,820
opportunity to weigh his credibility?
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00:10:02,120 --> 00:10:05,760
What you don't understand is that the
jury should have the opportunity to
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00:10:05,760 --> 00:10:06,739
that credibility.
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00:10:06,740 --> 00:10:10,180
Well, time out. I don't think that you
should ever tell a Supreme Court justice
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00:10:10,180 --> 00:10:13,560
that he doesn't understand. You should
blame yourself for failing to make his
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00:10:13,560 --> 00:10:14,920
judgment. Wait a minute. Could we just
do this, please?
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00:10:15,580 --> 00:10:16,860
Mike, demeanor counts.
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00:10:17,160 --> 00:10:18,160
Yes, it does.
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00:10:18,420 --> 00:10:22,840
What also counts is evidence of domestic
violence introduced by the DA.
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Evidence which was prejudicial.
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00:10:25,080 --> 00:10:29,920
What also counts was unfair surprise and
the tactics of the DA. Now, those are
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00:10:29,920 --> 00:10:32,740
the important issues here, and that's
what you should be asking me these
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00:10:32,740 --> 00:10:36,360
questions about. What? You're going to
tell the judges what questions to ask?
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00:10:36,540 --> 00:10:41,080
No, I'm telling you, Douglas, because I
don't want this to become a waste of my
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time. I want to be fully prepared
tomorrow. I think we should stick to the
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00:10:45,000 --> 00:10:49,900
Yes. Mr. Cusack, isn't it possible that
your client is guilty?
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00:10:51,460 --> 00:10:52,920
That's a stupid question, Douglas.
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00:10:53,420 --> 00:10:55,440
Hey, you know... No, no, I know.
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00:10:56,060 --> 00:11:00,000
I'm not supposed to insult Supreme Court
justices. Well, thank you all very much
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00:11:00,000 --> 00:11:01,000
for your help.
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00:11:01,020 --> 00:11:04,180
I really think that I would be better
served by preparing for this on my own.
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00:11:07,160 --> 00:11:08,880
I don't think it was a stupid question.
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00:11:13,100 --> 00:11:14,880
You've been divorced for three years,
Al.
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00:11:16,040 --> 00:11:17,980
Why'd you first decide to sell this
video now?
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00:11:19,700 --> 00:11:20,700
You want to know why?
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00:11:21,930 --> 00:11:26,530
About a month ago a mutual friend of
ours got married Rochelle was there with
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00:11:26,530 --> 00:11:31,210
this guy tall handsome athletic looking
guy I'm gonna be a grown -up. I go up
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00:11:31,210 --> 00:11:37,950
and I say hello. She says Colin this is
my friend Al My friend
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not my ex -husband not the man I slept
with for six years not the man I stabbed
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through the heart her friend, right?
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00:11:45,990 --> 00:11:49,230
Well, whatever your reasons you stand to
make a lot of money off this video
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great Now, she knew that you were making
it, right?
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Of course she knew.
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Whenever I took pictures of her, she
always knew.
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So she knows the tape existed, that it
was a marital asset, and now it belongs
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to you. She'd say to me, Al, what should
I read?
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00:12:03,150 --> 00:12:05,390
I'd go out and buy her books. I mean,
the great books.
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00:12:05,630 --> 00:12:09,290
Dreiser, Farrell, Tolstoy. She'd say,
Al, what should I see? I'd take her out
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00:12:09,290 --> 00:12:10,149
foreign films.
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00:12:10,150 --> 00:12:11,150
Rossellini, Budovkin.
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00:12:11,330 --> 00:12:14,570
It's always sad when a relationship
ends. And the only time I see her now is
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the evening news. She stares out at me
like some ice queen from the frigid
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reaches of the north. Another one of the
great unattainables.
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I attained her, though.
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She can't deny that.
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She can't deny that.
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I'm gonna have to see this, of course,
to prepare for the hearing. Opening
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00:12:29,650 --> 00:12:32,310
at the opera, she was there. Norman
Mailer's birthday party, she was there.
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Picture -taking sessions with the Pope,
she was there.
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Where was I?
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Probably home watching the news.
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I wish I could laugh about it.
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I wish I could chalk it up as another
one of life's little detours. I can't.
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Every day a little piece of me dies.
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I'll listen to me for a second.
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This isn't only between you and her.
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The network's gonna fight tooth and nail
to keep this video from going public.
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00:13:00,770 --> 00:13:02,150
Yeah? Oh, you bet.
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00:13:02,370 --> 00:13:05,210
They know that next to Jane Polly,
there's no other newscaster people would
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rather see naked. Maybe Diane Sawyer.
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I'm ready, believe me.
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All right.
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My friend Al.
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Let her call me a friend now.
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she were guilty.
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What?
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If he'd done it, then this would all be
his fault.
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But he didn't do it, and that makes it
all my fault.
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It's not your fault, Michael.
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I don't remember ever being this scared
before.
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Maybe before my first trial 15 years
ago.
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I can only guess how Earl feels right
now.
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When I was in law school, I used to date
her about this.
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You know, about having a big murder case
where everything was on the line.
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I thought it would make me feel strong.
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00:15:05,820 --> 00:15:09,420
Judge Henderson, by all accounts, is the
most influential up there, so if he
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00:15:09,420 --> 00:15:11,000
asks a question, make sure you answer
it.
190
00:15:11,800 --> 00:15:14,760
Connolly's considered the lightweight,
so if you have to duck him at all, it's
191
00:15:14,760 --> 00:15:15,760
not going to be fatal.
192
00:15:16,260 --> 00:15:18,720
Okay, did you file that supplemental
list of authorities yet?
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00:15:18,960 --> 00:15:19,960
Yeah, yesterday.
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00:15:20,000 --> 00:15:24,440
Good. Victor, I'm not really following
your index on the trial transcripts. Oh,
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00:15:24,440 --> 00:15:25,860
okay. This is witness.
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00:15:26,540 --> 00:15:30,000
This column is statement made or subject
matter covered. This indicates the page
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00:15:30,000 --> 00:15:31,000
number.
198
00:15:31,060 --> 00:15:33,240
This right here indicates whether it was
across or direct.
199
00:15:33,530 --> 00:15:36,030
You think I'm going to be able to
decipher these little symbols in the
200
00:15:36,030 --> 00:15:38,330
oral argument? I'm going to be there
deciphering it for you. Well, yeah, but
201
00:15:38,330 --> 00:15:40,990
what if I have to reference something
really fast? I only have 45 minutes up
202
00:15:40,990 --> 00:15:42,710
there. I'm not going to... Don't be
chopping at me, Mike. I'm not chopping
203
00:15:42,710 --> 00:15:45,350
you, Victor. Yes, you are. I'm not
chopping at you. Chopping at me, and I
204
00:15:45,350 --> 00:15:48,210
like it, especially since I've been...
Victor, this is a death penalty case,
205
00:15:48,210 --> 00:15:51,690
right? A man's life is on the line here.
I know, and it's all hanging on you,
206
00:15:51,730 --> 00:15:54,790
and you're starting to get afraid. But,
Mike, if you start snapping at those
207
00:15:54,790 --> 00:15:57,910
judges the way you did at us in moot
court, they're not going to be listening
208
00:15:57,910 --> 00:15:58,910
you for very long.
209
00:16:04,270 --> 00:16:09,690
I'm sorry. I just... I'm a little
overanxious here, and I just want to get
210
00:16:09,690 --> 00:16:10,690
done.
211
00:16:11,770 --> 00:16:12,770
I'm sorry.
212
00:16:14,730 --> 00:16:16,150
What issue are you going to be leading?
213
00:16:17,030 --> 00:16:18,030
Prosecutorial misconduct.
214
00:16:19,270 --> 00:16:20,450
You mean you're going after Flanny?
215
00:16:20,770 --> 00:16:21,770
Yep.
216
00:16:22,290 --> 00:16:23,290
Unfair surprise.
217
00:16:24,130 --> 00:16:27,250
She sprung that semen evident to try
without even telling me first, and I'm
218
00:16:27,250 --> 00:16:28,250
going to nail her for that.
219
00:16:30,720 --> 00:16:34,720
What about abuse of discretion? I mean,
that's viable, too. No, Douglas was
220
00:16:34,720 --> 00:16:37,520
right on that. The judges would never
substitute their judgment on that.
221
00:16:38,820 --> 00:16:42,760
If I'm going to win this, I'm going to
have to take Margaret down.
222
00:16:44,360 --> 00:16:45,360
Think you can?
223
00:16:45,700 --> 00:16:46,800
We'll find out, won't we?
224
00:16:52,620 --> 00:16:54,220
I don't want to lose this case, Victor.
225
00:16:56,620 --> 00:16:58,540
I don't know what I'd do if I lost this
case.
226
00:17:00,340 --> 00:17:02,800
Anderson Industries is a law abiding
corporation.
227
00:17:03,100 --> 00:17:07,700
It does extensive charity work. It is a
company with a first rate reputation.
228
00:17:07,960 --> 00:17:12,300
Which also has ties to South Africa. You
couldn't find a major law firm in this
229
00:17:12,300 --> 00:17:16,040
country that doesn't have at least one
client with the same kind of ties.
230
00:17:16,240 --> 00:17:17,400
I don't believe that. Look.
231
00:17:17,760 --> 00:17:20,680
Let's deal with one precedent at a time,
shall we?
232
00:17:20,900 --> 00:17:25,780
Are we really going to let an associate
dictate to us what entities we will or
233
00:17:25,780 --> 00:17:27,660
will not accept as clients?
234
00:17:27,900 --> 00:17:32,200
N -O. It's not just an associate who's
objecting. I'm a partner, and I don't
235
00:17:32,200 --> 00:17:33,940
like it. You didn't seem to mind
yesterday.
236
00:17:34,320 --> 00:17:35,980
Because I didn't know their history
yesterday.
237
00:17:36,240 --> 00:17:39,640
And why didn't you know? I'll tell you
why. Because it is not the practice of
238
00:17:39,640 --> 00:17:41,800
this firm to do policy checks on its
clients.
239
00:17:42,620 --> 00:17:47,060
It is not the practice of this firm to
scrutinize the political identities of
240
00:17:47,060 --> 00:17:48,620
the people who pay our fees.
241
00:17:48,820 --> 00:17:52,220
Well, maybe it should be. Why? Because
this particular client happens to be
242
00:17:52,220 --> 00:17:55,900
mine? All right, Ralph. Because this
particular client has dealings with the
243
00:17:55,900 --> 00:17:59,720
most racist government on the face of
the earth. This is a political question,
244
00:17:59,920 --> 00:18:04,080
Ann. Abortion is a political question,
Douglas. We had to drop my client
245
00:18:04,080 --> 00:18:07,940
of a political question. That was office
politics, completely different. And
246
00:18:07,940 --> 00:18:09,560
that's crap. It isn't crap.
247
00:18:10,030 --> 00:18:13,170
We cut your abortion client because
siding with it would have made us
248
00:18:13,790 --> 00:18:17,250
Siding with Anderson Industries would
make us richer, and that's the only kind
249
00:18:17,250 --> 00:18:20,630
of politics we can afford to play here.
We're thinking a hell of a lot lower
250
00:18:20,630 --> 00:18:22,630
than the bottom line if we take this
client, Douglas.
251
00:18:22,870 --> 00:18:26,550
Come on, Stuart, don't. They support
South Africa, Rosalind. You're talking
252
00:18:26,550 --> 00:18:29,610
about a government that suppresses the
majority of its citizens.
253
00:18:29,890 --> 00:18:33,050
That's repugnant. And if it's not
repugnant to Anderson Industries, I
254
00:18:33,050 --> 00:18:34,230
to have anything to do with them. Fine.
255
00:18:34,800 --> 00:18:38,540
Then I want complete bios and cross
-checks done on every client so we can
256
00:18:38,540 --> 00:18:42,540
to implement this new policy of moral
judgment. That's ridiculous.
257
00:18:42,800 --> 00:18:43,960
No, I'll tell you what's ridiculous.
258
00:18:44,680 --> 00:18:50,140
A law firm that throws away $300 ,000
defending a murderer and appealing his
259
00:18:50,140 --> 00:18:56,520
conviction and then turns down a
potential $2 million a year client
260
00:18:56,520 --> 00:18:59,900
don't like the politics of some of the
folks it does business with. That's
261
00:18:59,900 --> 00:19:03,400
ridiculous. All right, we've heard
enough. Let's put the damn thing to a
262
00:19:04,770 --> 00:19:06,790
Arnold votes yes by proxy.
263
00:19:07,750 --> 00:19:08,910
Michael votes no.
264
00:19:09,630 --> 00:19:10,630
I'm a yes.
265
00:19:10,790 --> 00:19:11,790
Me too.
266
00:19:11,910 --> 00:19:12,910
I'm a no.
267
00:19:13,290 --> 00:19:15,390
And I vote no. Three to three, Leland.
268
00:19:16,750 --> 00:19:17,750
You decide.
269
00:19:20,090 --> 00:19:23,810
I vote yes. We take this client. This
meeting is adjourned.
270
00:19:36,520 --> 00:19:40,940
In 23 years of practice, Your Honor,
I've never been as outraged as I am at
271
00:19:40,940 --> 00:19:45,080
moment. This woman stands to have her
entire career ruined because that man
272
00:19:45,080 --> 00:19:48,960
wants to take moments of intimacy
between a husband and wife and make them
273
00:19:48,960 --> 00:19:53,260
pornography. Your Honor, the tape is
what it is. My client is not making it
274
00:19:53,260 --> 00:19:56,220
anything. He is making it public, Mr.
Becker.
275
00:19:56,480 --> 00:20:00,100
And I have agreed to seal this courtroom
for the reason that to reveal the very
276
00:20:00,100 --> 00:20:02,440
existence of this tape could cause...
277
00:20:02,880 --> 00:20:03,880
irreparable damage.
278
00:20:03,980 --> 00:20:07,180
Your Honor, that's exactly what Mr.
Vogel wants to do. His venom and
279
00:20:07,180 --> 00:20:10,320
spitefulness for his former wife were
matched only by his greed.
280
00:20:10,580 --> 00:20:13,900
Your Honor, that's just nonsense. The
property settlement between these two
281
00:20:13,900 --> 00:20:17,200
people itemizes everything that goes to
Miss Peters. He gives all rights in the
282
00:20:17,200 --> 00:20:18,620
remainder to my client.
283
00:20:18,840 --> 00:20:23,760
Mr. Becker, is there any indication that
Miss Peters would have knowingly
284
00:20:23,760 --> 00:20:26,580
authorized the distribution of this
tape?
285
00:20:26,920 --> 00:20:29,960
My client's an accomplished
photographer. He took a great many
286
00:20:29,960 --> 00:20:33,840
wife. In each case, she authorized their
use. Becker, we're not talking about
287
00:20:33,840 --> 00:20:38,480
photographs here. We're talking about
videotaped footage of marital acts.
288
00:20:38,780 --> 00:20:44,600
Without getting overly graphic,
gentlemen, can you give me a sense of
289
00:20:44,600 --> 00:20:45,600
this tape?
290
00:20:47,540 --> 00:20:49,720
Several variations of coitus.
291
00:20:50,140 --> 00:20:52,200
Compared to what's out there, it's
pretty wholesome stuff.
292
00:20:52,730 --> 00:20:56,470
It won't be any too wholesome when some
guy's standing in a plywood booth
293
00:20:56,470 --> 00:21:00,150
slamming quarters into the damn thing to
see it. This would be intended for the
294
00:21:00,150 --> 00:21:01,390
home video market only.
295
00:21:01,750 --> 00:21:03,430
Okay, I have heard enough.
296
00:21:04,030 --> 00:21:07,450
Mr. Becker, your client isn't joined
from exhibiting this tape commercially.
297
00:21:07,850 --> 00:21:12,370
Miss Peters retains the right to
determine how her name and likeness are
298
00:21:12,370 --> 00:21:16,810
used. Nothing in this divorce agreement
anticipated this.
299
00:21:17,610 --> 00:21:20,250
Nothing in it gives him the right to do
it.
300
00:21:20,510 --> 00:21:24,270
Your Honor, we also requested that Mr.
Vogel turn over all extra copies now
301
00:21:24,270 --> 00:21:25,270
under his control.
302
00:21:25,330 --> 00:21:26,330
That I cannot order.
303
00:21:26,730 --> 00:21:31,270
The agreement clearly grants all
possession of the tape to Mr. Vogel, and
304
00:21:31,270 --> 00:21:34,750
simply don't have the authority to
supersede it. What about private
305
00:21:34,750 --> 00:21:37,590
for 50 or 60 of his closest friends?
306
00:21:38,070 --> 00:21:41,310
Your Honor, what's going to happen when
this tape starts to circulate privately
307
00:21:41,310 --> 00:21:43,170
among friends, party to party?
308
00:21:43,390 --> 00:21:47,390
That's not going to happen. Please, Mr.
Becker, who among us has not seen the
309
00:21:47,390 --> 00:21:48,390
Rob Lowe tape?
310
00:21:48,730 --> 00:21:50,210
Anyone? Anyone?
311
00:21:50,890 --> 00:21:53,850
Listen, I have done all I can do.
312
00:21:55,130 --> 00:21:59,670
And in fact, given my relationship with
Mr. Becker's firm, I may well be forced
313
00:21:59,670 --> 00:22:03,730
to recuse myself before this matter
comes to trial. Which, by the way, would
314
00:22:03,730 --> 00:22:04,970
just fine with me.
315
00:22:09,130 --> 00:22:12,930
May it please the court, I'm Michael
Cusack, appearing for the appellant,
316
00:22:12,930 --> 00:22:13,930
Williams.
317
00:22:14,370 --> 00:22:16,690
Contained in my papers is an overview of
the case.
318
00:22:17,390 --> 00:22:21,570
as well as specific grounds which
mandate a reversal in my client's
319
00:22:22,230 --> 00:22:25,530
Today, I would like to focus on the most
compelling of those grounds, the
320
00:22:25,530 --> 00:22:29,490
prosecutorial misconduct of Margaret
Flanagan. I don't mean to cut you off at
321
00:22:29,490 --> 00:22:34,050
the jump, counsel, but this court is
generally suspect of that particular
322
00:22:34,670 --> 00:22:36,890
Are you sure that's where you want to
steer us?
323
00:22:37,110 --> 00:22:38,110
I'm exactly sure.
324
00:22:38,650 --> 00:22:42,510
Margaret Flanagan's conduct in this
trial was reprehensible. It was
325
00:22:42,610 --> 00:22:45,890
It was a breach of her duty to act as an
officer of the court, and it is the
326
00:22:45,890 --> 00:22:50,250
reason why an innocent man is sitting on
death row. I assume you're referring to
327
00:22:50,250 --> 00:22:54,410
the DNA evidence which placed your
client's semen on the victim's bed?
328
00:22:54,710 --> 00:22:55,710
That's correct, Your Honor.
329
00:22:55,950 --> 00:22:59,910
The district attorney had an obligation
to disclose that information to me and
330
00:22:59,910 --> 00:23:04,170
to the court prior to the trial. She did
not. But according to the record, Miss
331
00:23:04,170 --> 00:23:06,910
Flanagan herself got this evidence at
the last second.
332
00:23:07,500 --> 00:23:11,300
There's no evidence that she willfully
concealed anything. And the judge
333
00:23:11,300 --> 00:23:14,060
you a continuance to give you time, and
you declined.
334
00:23:14,460 --> 00:23:19,200
First of all, the record will show that
she got the evidence from the lab on the
335
00:23:19,200 --> 00:23:20,200
eve of the trial.
336
00:23:20,460 --> 00:23:25,200
She sprung it in court three days into
the trial. That gave her two days to
337
00:23:25,200 --> 00:23:29,000
inform me, which she didn't. That makes
her conduct willful.
338
00:23:29,540 --> 00:23:33,640
As for my refusing the continuance, the
damage had already been done.
339
00:23:33,920 --> 00:23:34,819
How so?
340
00:23:34,820 --> 00:23:36,460
Had I known what she had...
341
00:23:36,720 --> 00:23:41,680
As I was entitled to under Walker v.
Superior Court, I would never have
342
00:23:41,680 --> 00:23:44,380
that my client was having a sexual
relationship with Nina Corey.
343
00:23:44,620 --> 00:23:48,520
I also would never have denied that he
was in her apartment on the night she
344
00:23:48,520 --> 00:23:51,340
murdered. In other words, you never
would have lied to the court if you knew
345
00:23:51,340 --> 00:23:52,159
you'd be caught.
346
00:23:52,160 --> 00:23:55,600
I didn't know my client was having an
affair with the victim. It was a
347
00:23:55,600 --> 00:23:56,600
to me as well.
348
00:23:57,040 --> 00:23:58,460
Earl Williams did lie.
349
00:23:58,680 --> 00:24:03,120
I'm not making excuses for that. But had
I known he was lying, and I would have,
350
00:24:03,180 --> 00:24:04,780
had she followed the law...
351
00:24:05,050 --> 00:24:07,570
I would have stopped him from using it.
I'm sorry.
352
00:24:07,890 --> 00:24:10,190
I'm not sure I understand the harm.
353
00:24:10,530 --> 00:24:14,870
Everything she introduced at the trial,
your client admitted himself once he
354
00:24:14,870 --> 00:24:15,689
took the stand.
355
00:24:15,690 --> 00:24:19,050
The harm is that he was portrayed as a
liar.
356
00:24:19,310 --> 00:24:22,250
Because he was a liar. He told one lie,
yes.
357
00:24:22,490 --> 00:24:26,510
But what I'm saying, Your Honor, is that
had I known about her DNA evidence, I
358
00:24:26,510 --> 00:24:27,870
would have known he was lying.
359
00:24:28,510 --> 00:24:31,830
As a good attorney, I would have
counseled him not to lie.
360
00:24:32,270 --> 00:24:35,930
The jury would never have perceived him
as dishonest, and without that
361
00:24:35,930 --> 00:24:38,830
perception, Earl Williams would have
been acquitted.
362
00:24:39,210 --> 00:24:42,510
Sounds a little meandering to me, Mr.
Cusack.
363
00:24:42,790 --> 00:24:44,250
Then let me make it more clear.
364
00:24:44,570 --> 00:24:46,590
She had two linchpins in her case.
365
00:24:47,110 --> 00:24:50,930
The circumstantial evidence that placed
Earl Williams at the scene of the crime,
366
00:24:51,050 --> 00:24:54,510
at the time of the murder, and the
evidence of his dishonesty.
367
00:24:54,890 --> 00:24:58,770
Had the district attorney complied with
the law, I would have kept the second
368
00:24:58,770 --> 00:24:59,770
part of her case out.
369
00:25:00,430 --> 00:25:04,350
That means that she would have been left
trying to prove murder beyond a
370
00:25:04,350 --> 00:25:07,490
reasonable doubt with nothing more than
circumstantial evidence.
371
00:25:07,750 --> 00:25:11,390
And that's why she withheld it, to give
herself something that she otherwise
372
00:25:11,390 --> 00:25:12,550
would not have had.
373
00:25:12,910 --> 00:25:14,090
She fights hard.
374
00:25:14,630 --> 00:25:19,190
She fights to win. I understand that.
But if you are going to put someone on
375
00:25:19,190 --> 00:25:24,970
death row, if you are going to send a
human being to the gas chamber, you
376
00:25:24,970 --> 00:25:28,070
at least follow the rules and obey the
law.
377
00:25:29,390 --> 00:25:31,050
Margaret Flanagan didn't.
378
00:26:03,060 --> 00:26:06,040
Quarter of a million dollars, Al. That's
more money than you would have made in
379
00:26:06,040 --> 00:26:07,040
the porno business.
380
00:26:08,260 --> 00:26:09,260
Not interested.
381
00:26:09,380 --> 00:26:12,780
Right. What you're interested in is
seeing this woman hurt.
382
00:26:12,980 --> 00:26:14,520
What is it that hurts, Rochelle?
383
00:26:14,880 --> 00:26:17,740
The fact that there's a photographic
record of us having gone to bed?
384
00:26:18,000 --> 00:26:19,920
No, the fact that you would show it to
people.
385
00:26:20,140 --> 00:26:21,039
All right.
386
00:26:21,040 --> 00:26:23,100
Let's cut through the psychodrama, shall
we?
387
00:26:24,280 --> 00:26:27,980
Now, what's it going to take, Mr. Vogel?
Putting a dollar figure on something
388
00:26:27,980 --> 00:26:29,660
like this is impossible.
389
00:26:30,020 --> 00:26:31,320
Well, let's try.
390
00:26:33,100 --> 00:26:36,960
1 .2 million structured over 18 months,
400 ,000 due immediately.
391
00:26:37,220 --> 00:26:38,220
That's outrageous.
392
00:26:38,360 --> 00:26:39,360
Is it?
393
00:26:39,480 --> 00:26:42,360
Your biggest fear, and you can correct
me if I'm wrong, Kevin, is that
394
00:26:42,360 --> 00:26:44,600
Rochelle's sexual hijinks will destroy
her credibility.
395
00:26:45,100 --> 00:26:48,340
That's right, Mr. Becker. That's just
what we don't want to see happen.
396
00:26:48,680 --> 00:26:52,540
Thousands of tapes circulating around
the country, people watching them in
397
00:26:52,660 --> 00:26:55,960
at frat parties, running gags in Johnny
Carson's monologue.
398
00:26:56,200 --> 00:26:57,200
Half a million.
399
00:26:57,460 --> 00:27:01,460
You spend over 10 million a year just
promoting her, protecting her Q rating.
400
00:27:01,870 --> 00:27:04,770
You're telling me that half a million is
all that's worth? Make it a million.
401
00:27:05,870 --> 00:27:06,870
Point two.
402
00:27:08,870 --> 00:27:10,610
Okay. I don't want to sell it.
403
00:27:11,050 --> 00:27:12,050
What?
404
00:27:12,490 --> 00:27:13,950
Excuse me, Al. No deal.
405
00:27:15,030 --> 00:27:17,970
Al, there's a terrific deal to be made
here. I said no.
406
00:27:18,710 --> 00:27:20,090
I don't understand this.
407
00:27:32,240 --> 00:27:33,240
You hear anything yet?
408
00:27:33,800 --> 00:27:35,960
Nothing. I mean, I know they met on it,
but that's all I know.
409
00:27:36,420 --> 00:27:38,100
I sure as hell don't want to be out of
work.
410
00:27:39,520 --> 00:27:41,820
But if they take that client, I've got
no other choice.
411
00:27:42,100 --> 00:27:42,959
What do you mean?
412
00:27:42,960 --> 00:27:44,580
I couldn't stay here, Diana. Could you?
413
00:27:45,000 --> 00:27:46,000
Yeah.
414
00:27:47,580 --> 00:27:50,780
I'm not quitting. That company supports
South Africa. How could you possibly
415
00:27:50,780 --> 00:27:51,780
stay here?
416
00:27:52,380 --> 00:27:53,960
How could Michael Kuzak stay?
417
00:27:54,200 --> 00:27:56,000
How could Ann Kelsey stay?
418
00:27:56,220 --> 00:27:57,220
Are you kidding me?
419
00:27:57,340 --> 00:27:59,620
No, I'm not kidding you, Jonathan. Are
you kidding me?
420
00:28:00,330 --> 00:28:03,370
You think because we're black, we've got
the exclusive on outrage here?
421
00:28:03,630 --> 00:28:06,330
With apartheid, we've certainly got a
priority, yes.
422
00:28:06,610 --> 00:28:09,510
Did it ever occur to you that your
quitting would accomplish nothing?
423
00:28:10,010 --> 00:28:15,070
Did it ever occur to you that by
staying, maybe you could help influence
424
00:28:15,070 --> 00:28:18,230
Anderson Industries, maybe even convince
them to change? What's this, the
425
00:28:18,230 --> 00:28:21,690
Sullivan principle? Look, baby, you
don't want to lose your job, fine, just
426
00:28:21,690 --> 00:28:24,690
so, but don't start feeding... That's
right, I don't want to lose my job.
427
00:28:27,150 --> 00:28:31,190
I can't afford to. I'm already about $20
,000 in debt in student loans.
428
00:28:32,470 --> 00:28:36,150
This job is also my best career
opportunity, and I shouldn't have to
429
00:28:36,150 --> 00:28:39,750
just because you're having a little
spasm of black guilt. You don't want to
430
00:28:39,750 --> 00:28:40,729
quit.
431
00:28:40,730 --> 00:28:41,730
Don't quit.
432
00:28:41,850 --> 00:28:43,550
Just stay here and represent racists.
433
00:28:45,190 --> 00:28:46,330
Maybe you're the racist.
434
00:28:47,230 --> 00:28:50,630
No, you're the one making assumptions
about my feelings on the basis of skin
435
00:28:50,630 --> 00:28:51,730
color. No.
436
00:28:53,290 --> 00:28:54,870
The assumptions I made...
437
00:28:55,230 --> 00:28:57,610
were based on what I thought I knew
about you.
438
00:28:58,930 --> 00:29:01,910
If I was wrong, I was wrong and I
apologize.
439
00:29:12,850 --> 00:29:17,890
Mr. Cusack has exhausted every avenue,
each one more desperate than the next.
440
00:29:18,140 --> 00:29:22,120
The record shows he offered free
professional services to entice a new
441
00:29:22,120 --> 00:29:25,660
eyewitness to testify in the hope of
reopening the trial.
442
00:29:26,120 --> 00:29:27,120
That failed.
443
00:29:27,540 --> 00:29:31,020
Now he's here today claiming
prosecutorial misconduct.
444
00:29:31,260 --> 00:29:33,940
Why didn't you tell him about your DNA
evidence?
445
00:29:34,340 --> 00:29:38,920
As I've maintained before, Your Honor, I
didn't get those results until the very
446
00:29:38,920 --> 00:29:39,899
last moment.
447
00:29:39,900 --> 00:29:43,760
Perhaps I was careless in not making
sure of his notice, but...
448
00:29:44,060 --> 00:29:46,100
I certainly didn't conceal anything.
449
00:29:46,420 --> 00:29:50,280
Forgive me, Miss Flanagan, but that
evidence was a bombshell, and you knew
450
00:29:50,460 --> 00:29:54,300
Do you expect us to believe you failed
to alert Defense Counsel because it
451
00:29:54,300 --> 00:29:55,300
slipped your mind?
452
00:29:55,320 --> 00:29:59,900
I expect the court to take judicial
notice of my reputation and know that
453
00:29:59,900 --> 00:30:04,800
nondisclosure was not willful. I also
expect the court to recognize that Mr.
454
00:30:05,000 --> 00:30:09,880
Cusack knew my strategy, Your Honor. He
knew I would be attempting to prove this
455
00:30:09,880 --> 00:30:10,880
sexual relationship.
456
00:30:11,550 --> 00:30:14,910
We offered a continuance if he felt
prejudiced by the surprise.
457
00:30:15,410 --> 00:30:21,190
He didn't want it because he wasn't
prejudiced. It's possible Mr. Cusack
458
00:30:21,190 --> 00:30:24,410
have prevented his client from looking
like a liar before the jury.
459
00:30:24,650 --> 00:30:26,470
I suppose that is possible, Your Honor.
460
00:30:27,110 --> 00:30:29,890
But Earl Williams was, in fact, a liar.
461
00:30:30,210 --> 00:30:33,970
Are we really saying that the interests
of justice have been contravened here
462
00:30:33,970 --> 00:30:35,830
because the jury got the right
impression?
463
00:30:36,390 --> 00:30:37,410
Let's face it.
464
00:30:38,010 --> 00:30:42,850
Mr. Cusack is asking for a new trial
today because the jury was exposed to
465
00:30:42,850 --> 00:30:47,270
truth. No, he's asking for a new trial
because you failed to disclose physical
466
00:30:47,270 --> 00:30:50,950
evidence to him, which you are required
to do under Walker v.
467
00:30:51,230 --> 00:30:52,750
Superior Court. Had Mr.
468
00:30:53,030 --> 00:30:58,670
Cusack known of the DNA evidence
beforehand, his client would have simply
469
00:30:58,670 --> 00:31:00,570
the truth sooner rather than later.
470
00:31:01,050 --> 00:31:05,690
That's not a distinction which justifies
overturning a verdict which 12 members
471
00:31:05,690 --> 00:31:08,110
found to be fully supported by the
facts.
472
00:31:09,530 --> 00:31:15,010
Earl Williams is on death row because he
murdered a young woman, not because his
473
00:31:15,010 --> 00:31:16,250
lawyer was caught off guard.
474
00:31:16,490 --> 00:31:20,030
Mrs. Flanagan, I've been through the
transcripts and I've taken note of your
475
00:31:20,030 --> 00:31:24,410
propensity to inject your own personal
feelings into this case, which you know
476
00:31:24,410 --> 00:31:25,229
is not proper.
477
00:31:25,230 --> 00:31:29,210
If you're asking me, did I conceal my
personal disgust for Earl Williams?
478
00:31:30,370 --> 00:31:35,870
No, I probably didn't. I went after Earl
Williams for that. I went after him
479
00:31:35,870 --> 00:31:36,870
hard.
480
00:31:37,430 --> 00:31:39,850
But am I guilty of misconduct?
481
00:31:41,390 --> 00:31:44,790
It was Michael Cusack who was held in
contempt, not I.
482
00:31:45,110 --> 00:31:49,110
It was Michael Cusack who was jailed for
ex parte abuse, not I.
483
00:31:49,630 --> 00:31:55,070
It was Michael Cusack who shouted
inadmissible evidence at a jury after
484
00:31:55,070 --> 00:31:58,750
trial judge disallowed it. He was a
desperate attorney doing his job.
485
00:31:59,320 --> 00:32:03,640
What he refuses to understand is I was
simply doing mine.
486
00:32:09,880 --> 00:32:10,880
Oh, my God.
487
00:32:11,540 --> 00:32:13,800
I don't understand how he can show this
to people.
488
00:32:14,960 --> 00:32:16,300
He's a strange fella.
489
00:32:16,560 --> 00:32:17,560
Are you sure it's her?
490
00:32:17,820 --> 00:32:19,060
I can't really tell.
491
00:32:19,640 --> 00:32:20,640
Turn over.
492
00:32:22,100 --> 00:32:23,100
It's her.
493
00:32:23,920 --> 00:32:24,920
Wow.
494
00:32:25,180 --> 00:32:27,860
She is cavorting with particular
abandon.
495
00:32:32,610 --> 00:32:33,610
Arnie, Al's here.
496
00:32:35,010 --> 00:32:39,150
Taking a look at it? No. Hey, don't stop
on my account. No, we're nearly done.
497
00:32:39,230 --> 00:32:40,169
No, no, it's okay.
498
00:32:40,170 --> 00:32:41,870
You haven't even gotten to the good part
yet.
499
00:32:42,150 --> 00:32:46,530
Really? I'm Al Vogel, by the way.
Douglas Brockman. Hi, Stuart Markowitz.
500
00:32:46,870 --> 00:32:47,870
Pleased to meet you.
501
00:32:48,990 --> 00:32:49,990
She's something, isn't she?
502
00:32:51,050 --> 00:32:52,190
Very nice.
503
00:32:53,230 --> 00:32:55,450
Arnie, she called me this morning.
504
00:32:55,750 --> 00:32:59,290
She wants to drop by and talk. I guess I
should have expected that, right?
505
00:32:59,900 --> 00:33:03,620
She's not about to just give up, Al.
Hell no, I'm looking forward to watching
506
00:33:03,620 --> 00:33:04,359
her squirm.
507
00:33:04,360 --> 00:33:05,079
I like that.
508
00:33:05,080 --> 00:33:06,080
I like it.
509
00:33:06,500 --> 00:33:09,420
You do like it, don't you? I do, I do.
510
00:33:10,240 --> 00:33:12,240
Oh, is that what you want?
511
00:33:14,940 --> 00:33:15,420
The
512
00:33:15,420 --> 00:33:22,180
partners
513
00:33:22,180 --> 00:33:26,360
considered your concerns this morning
very seriously, I might add, and after
514
00:33:26,360 --> 00:33:27,360
weighing everything.
515
00:33:27,760 --> 00:33:30,540
We elected to accept Anderson Industries
as a client.
516
00:33:30,920 --> 00:33:32,400
I know that disappoints you.
517
00:33:32,640 --> 00:33:33,419
Yeah, it does.
518
00:33:33,420 --> 00:33:36,960
If you choose not to do any work for
this client personally, I will honor
519
00:33:36,960 --> 00:33:38,440
decision. Oh, for God's sake.
520
00:33:39,080 --> 00:33:42,420
Listen, don't pick... I'm sorry,
Jonathan.
521
00:33:45,000 --> 00:33:48,920
I don't think I can work here anymore,
Leland. No, no, that is rash, and you
522
00:33:48,920 --> 00:33:51,300
know it. Yeah, well, maybe it's time for
me to be rash.
523
00:33:52,040 --> 00:33:54,460
I'm a rich boy, Leland. I had
everything.
524
00:33:58,000 --> 00:34:01,560
It was easy to forget I was black, and
that's exactly what I did. You think
525
00:34:01,560 --> 00:34:05,720
because you're black, you have an
obligation to sample oppression?
526
00:34:06,920 --> 00:34:12,980
When I was at Harvard, they had protests
going on all the time over apartheid
527
00:34:12,980 --> 00:34:14,100
and divestitures.
528
00:34:16,480 --> 00:34:18,659
See, I was always too busy studying to
take part.
529
00:34:19,199 --> 00:34:24,420
So what I do after I graduate, I get a
job here at a downtown corporate law
530
00:34:24,420 --> 00:34:25,420
and go for the paycheck.
531
00:34:27,400 --> 00:34:32,560
Thing is, I never knew it was a firm
that could represent people who helped
532
00:34:32,560 --> 00:34:34,320
finance South Africa.
533
00:34:34,719 --> 00:34:37,380
Someday you'll probably head up your own
firm, Jonathan.
534
00:34:38,320 --> 00:34:40,639
And you'll see, it gets complicated.
535
00:34:41,620 --> 00:34:43,659
Sometimes you just have to compromise.
536
00:34:44,219 --> 00:34:46,500
No, you always struck me as a man who
didn't.
537
00:34:47,219 --> 00:34:50,880
When you found out your bank was
engaging in redlining, you closed all
538
00:34:50,880 --> 00:34:51,880
accounts.
539
00:34:51,949 --> 00:34:55,190
You refused to join your own father's
club because they wouldn't admit Jews.
540
00:34:55,389 --> 00:35:00,030
You, Leland, refused to represent
slumlords. You refused to represent
541
00:35:00,030 --> 00:35:02,290
busters. Hell, Leland, why can't you
refuse now?
542
00:35:02,510 --> 00:35:05,050
Because it was put to a partnership
vote.
543
00:35:05,730 --> 00:35:08,950
I took your concerns to the partners,
and it was voted on.
544
00:35:09,170 --> 00:35:10,250
Which way did you vote?
545
00:35:13,350 --> 00:35:14,350
Leland?
546
00:35:16,410 --> 00:35:20,510
I'm entitled to my own position,
Jonathan, just as you're entitled to
547
00:35:21,610 --> 00:35:23,570
The problem is you agree with me on this
one.
548
00:35:25,010 --> 00:35:26,290
And you still voted the way you did.
549
00:35:52,430 --> 00:35:53,430
Hi, Rochelle.
550
00:35:55,850 --> 00:35:56,850
Where's your attorney?
551
00:35:57,150 --> 00:35:58,250
I didn't want him here.
552
00:35:58,630 --> 00:35:59,630
Mine stays.
553
00:35:59,990 --> 00:36:00,990
Fine.
554
00:36:05,670 --> 00:36:06,670
So what do you want?
555
00:36:09,390 --> 00:36:12,690
I want to know why you've come to hate
me this much. If I didn't have this
556
00:36:12,690 --> 00:36:14,130
videotape, you think you'd care?
557
00:36:14,970 --> 00:36:17,590
You know, maybe I should leave you
alone. No, I don't want to be alone with
558
00:36:17,730 --> 00:36:20,610
Her lawyer probably sent her here to get
me to say something that they can use.
559
00:36:24,750 --> 00:36:26,790
Al, why do you think I made that tape?
560
00:36:27,110 --> 00:36:28,110
I don't know.
561
00:36:28,190 --> 00:36:31,190
Maybe you were bombed. I made it because
I knew it thrilled you.
562
00:36:31,410 --> 00:36:32,410
Great.
563
00:36:32,650 --> 00:36:33,650
Sex is charity.
564
00:36:34,150 --> 00:36:35,510
It also thrilled me.
565
00:36:36,390 --> 00:36:37,390
More charity.
566
00:36:37,650 --> 00:36:38,650
Look at me, Al.
567
00:36:39,810 --> 00:36:41,870
I could be a little girl with you.
568
00:36:42,990 --> 00:36:45,130
I could be a goofball with you.
569
00:36:45,790 --> 00:36:47,970
Or I could be wanton and lewd.
570
00:36:48,710 --> 00:36:50,030
I could be anything.
571
00:36:51,590 --> 00:36:53,010
And you protected me.
572
00:36:53,400 --> 00:36:54,400
Yeah.
573
00:36:55,280 --> 00:36:57,980
So what? Why aren't you protecting me
now?
574
00:36:58,240 --> 00:36:59,420
Because I'm not your protector.
575
00:37:00,940 --> 00:37:01,940
I'm your friend.
576
00:37:04,160 --> 00:37:05,800
Isn't that what you introduced me as?
577
00:37:06,760 --> 00:37:07,760
Your friend?
578
00:37:08,120 --> 00:37:09,440
What do you want, Al?
579
00:37:09,940 --> 00:37:10,940
What do I want?
580
00:37:22,480 --> 00:37:23,480
I want to be your husband.
581
00:37:26,660 --> 00:37:29,680
I want you to be my wife.
582
00:37:30,760 --> 00:37:32,080
It's not going to happen.
583
00:37:33,240 --> 00:37:35,020
No matter how much you want it.
584
00:37:35,420 --> 00:37:38,000
It was once, but it's not going to
happen again.
585
00:37:38,520 --> 00:37:39,520
No.
586
00:37:39,900 --> 00:37:40,900
No.
587
00:37:41,920 --> 00:37:42,920
Great.
588
00:37:44,160 --> 00:37:48,720
Then prepare to star in the masturbatory
fantasies of millions.
589
00:37:49,100 --> 00:37:50,340
Let me tell you something, Al.
590
00:37:51,529 --> 00:37:55,390
Making that tape was one thing, but
releasing it is something else.
591
00:37:57,530 --> 00:37:59,130
Will I be mortified? Yes.
592
00:38:00,530 --> 00:38:04,470
In the end, though, all that it proves
is that I made love to my husband.
593
00:38:05,070 --> 00:38:08,730
What it says about you is that you're
sick and you're mean.
594
00:38:09,430 --> 00:38:10,970
It's not what you used to be, Al.
595
00:38:14,050 --> 00:38:15,090
It's what you've become.
596
00:38:26,800 --> 00:38:27,800
Isn't she a pistol?
597
00:38:28,720 --> 00:38:29,920
Al. What?
598
00:38:31,980 --> 00:38:32,980
Don't do it.
599
00:38:33,480 --> 00:38:34,480
Now you're going to start.
600
00:38:34,980 --> 00:38:39,200
There is a line, even in my business,
and I think you're crossing it.
601
00:38:39,700 --> 00:38:43,400
Can she win in court? I think she can. I
think she can also sue you for damages.
602
00:38:44,100 --> 00:38:45,160
That's another conversation.
603
00:38:45,720 --> 00:38:47,860
What I'm saying to you right now is that
you're wrong.
604
00:38:49,460 --> 00:38:50,460
I'm out.
605
00:38:50,600 --> 00:38:54,180
Then I'll get another lawyer. Look,
you're wounded, Al. I understand this.
606
00:38:54,180 --> 00:38:57,800
ripped your insides out. I go to sleep
thinking about her. I wake up thinking
607
00:38:57,800 --> 00:39:00,180
about her. Not one of us who hasn't been
there.
608
00:39:00,460 --> 00:39:04,240
And what am I supposed to do? Just tough
it out? That's exactly what you do. You
609
00:39:04,240 --> 00:39:08,600
face it down as much as it hurts inside,
as much as it rips at your gut.
610
00:39:09,680 --> 00:39:13,460
You just grit your teeth and you wait
for it to pass.
611
00:39:14,220 --> 00:39:15,660
And what makes you think it will?
612
00:39:16,320 --> 00:39:17,480
Because it always does.
613
00:39:19,500 --> 00:39:21,500
You just have to give it time.
614
00:39:22,920 --> 00:39:29,420
On the other hand, if you insist on this
pathetic act of spite, you may very
615
00:39:29,420 --> 00:39:30,420
well never live it down.
616
00:39:45,460 --> 00:39:46,460
Leave it with me.
617
00:39:48,780 --> 00:39:49,940
Messenger it over this afternoon.
618
00:39:54,720 --> 00:39:55,720
Right.
619
00:39:59,520 --> 00:40:00,520
And that'll be that.
620
00:40:20,140 --> 00:40:23,420
Mr. Cusack, the court has decided not to
entertain your rebuttal.
621
00:40:25,820 --> 00:40:30,740
If it pleases the court, I would
respectfully ask... Counsel, it would
622
00:40:30,740 --> 00:40:32,000
the court if you take your seat.
623
00:40:35,380 --> 00:40:39,260
All of us have reviewed the transcripts
on this case with a great deal of
624
00:40:39,260 --> 00:40:44,200
scrutiny, and we unanimously agree that
this was an extremely balanced and close
625
00:40:44,200 --> 00:40:47,620
trial. In fact, it could be argued that
on the record...
626
00:40:48,040 --> 00:40:50,980
The defendant appeared to have
established a reasonable doubt.
627
00:40:51,460 --> 00:40:55,760
The jury obviously found otherwise,
which was certainly within their
628
00:40:56,000 --> 00:41:01,400
But it cannot be disputed that the
prosecutor's ability to establish the
629
00:41:01,400 --> 00:41:06,060
defendant as a liar played an integral
part in her ability to secure a
630
00:41:06,060 --> 00:41:10,640
conviction. And it is likely that the
district attorney never would have been
631
00:41:10,640 --> 00:41:15,280
able to do this had she properly advised
defense counsel of the cards she was
632
00:41:15,280 --> 00:41:16,280
holding.
633
00:41:16,360 --> 00:41:19,780
Now it is our custom to go into session
and issue written opinions.
634
00:41:20,760 --> 00:41:25,360
But since our respective positions are
so clearly unanimous in this instance,
635
00:41:25,580 --> 00:41:31,240
and since justice delayed in some cases
amounts to justice denied, we are ruling
636
00:41:31,240 --> 00:41:37,360
now. The surprise DNA evidence
prejudiced the defendant's right to a
637
00:41:37,360 --> 00:41:39,120
under the United States Constitution.
638
00:41:40,680 --> 00:41:44,360
Accordingly, we hereby set aside the
verdict and the death penalty.
639
00:41:45,130 --> 00:41:47,690
and order a new trial to be scheduled
immediately.
640
00:41:48,170 --> 00:41:49,170
Oh, God.
641
00:41:49,350 --> 00:41:50,350
Oh, God.
642
00:41:50,910 --> 00:41:53,950
This matter is remanded to Superior
Court for retrial.
643
00:41:54,590 --> 00:41:56,870
Thank you, Mr. Cusack and Miss Flanagan.
644
00:41:57,530 --> 00:41:58,530
We're adjourned.
645
00:42:03,490 --> 00:42:10,010
I know someone we have to call.
646
00:42:24,300 --> 00:42:26,440
What's this I hear about you changing
your mind?
647
00:42:26,680 --> 00:42:30,220
Well, I had a talk with Jonathan, after
which I decided he was right. This firm
648
00:42:30,220 --> 00:42:33,240
should not be representing that client.
For God's sake, Leland.
649
00:42:34,040 --> 00:42:39,320
Anderson Industries could increase our
yearly revenues by almost 35%. I am
650
00:42:39,320 --> 00:42:42,200
of that, Rosalind. I didn't say it was
an easy decision.
651
00:42:42,520 --> 00:42:46,260
Well, you're obviously so prone to
vacillating over this. Let me ask you to
652
00:42:46,260 --> 00:42:47,260
reconsider again.
653
00:42:47,500 --> 00:42:48,960
Nope. The decision is made.
654
00:42:49,260 --> 00:42:50,260
That's the end of it.
655
00:42:52,650 --> 00:42:55,830
This firm has a far bigger problem than
I ever realized.
656
00:42:56,310 --> 00:43:00,130
Well, there'll be other big clients,
Rosalind. I'm not talking about clients
657
00:43:00,130 --> 00:43:02,870
right now. I'm talking about the senior
partner.
658
00:43:03,270 --> 00:43:06,790
I'm talking about somebody who can't
make a hard decision when he needs to
659
00:43:06,790 --> 00:43:09,730
because he's too afraid of risking his
popularity.
660
00:43:10,190 --> 00:43:11,590
What the hell is it with you?
661
00:43:12,130 --> 00:43:14,290
Do you thrive on picking fights?
662
00:43:14,550 --> 00:43:16,370
I thrive because I'm not afraid of them.
663
00:43:17,490 --> 00:43:21,670
This isn't a country club, Leland, where
you get to be the golf pro.
664
00:43:22,200 --> 00:43:26,420
It's a tough business, and any firm, if
it wants to get ahead, needs a strong
665
00:43:26,420 --> 00:43:30,420
leader. I have been running this firm
for 25 years, and I don't need you to
666
00:43:30,420 --> 00:43:33,580
in here and tell me how I... You are
running it into the ground, which is why
667
00:43:33,580 --> 00:43:34,820
you brought me in, to save you.
668
00:43:36,160 --> 00:43:37,840
Well, I can't save you from yourself.
669
00:43:38,960 --> 00:43:43,420
I can't help you if you are going to
exalt your sense of altruism to this
670
00:43:43,420 --> 00:43:44,580
of fiscal blindness.
671
00:43:44,800 --> 00:43:48,640
If you're not happy, Roz, you can leave
through the same door you came in.
672
00:43:48,740 --> 00:43:51,460
Believe it or not, I do care about this
place.
673
00:43:52,090 --> 00:43:54,990
That's why I came in here fighting right
now. Fine.
674
00:43:55,890 --> 00:43:57,430
Well, this fight you lose.
675
00:43:57,670 --> 00:43:59,890
The decision stands. We don't take that
client.
676
00:44:00,190 --> 00:44:01,190
Are we clear?
677
00:44:01,550 --> 00:44:02,550
Oh, yeah.
678
00:44:04,170 --> 00:44:06,030
It's all becoming very clear.
679
00:44:23,310 --> 00:44:28,130
Criminal complaint number 89 -7053,
people versus Earl Williams.
680
00:44:29,890 --> 00:44:31,970
Margaret Flanagan for the people, Your
Honor.
681
00:44:32,290 --> 00:44:36,170
As you know, the defendant's conviction
was overturned yesterday by the Supreme
682
00:44:36,170 --> 00:44:37,170
Court of California.
683
00:44:37,790 --> 00:44:41,710
We've refiled our complaint, and the
people ask that a new trial be scheduled
684
00:44:41,710 --> 00:44:42,710
soon as possible.
685
00:44:43,010 --> 00:44:47,010
Michael Kuzak for the defendant.
Petition for leave to file a motion to
686
00:44:47,010 --> 00:44:51,030
the complaint as well as a motion to
suppress the DNA evidence of the
687
00:44:51,030 --> 00:44:54,930
prosecution. I'll hear your motions next
Tuesday at 10.
688
00:44:55,490 --> 00:44:58,830
Tentative trial date for the first week
in April.
689
00:44:59,170 --> 00:45:00,650
Seek bail modification, Your Honor.
690
00:45:01,370 --> 00:45:02,370
Denied. Same bail.
691
00:45:02,770 --> 00:45:06,050
Your Honor, I'll also be seeking a court
order to instruct the Los Angeles
692
00:45:06,050 --> 00:45:08,450
police to locate and detain Mr. Ronald
Sewell.
693
00:45:08,710 --> 00:45:09,710
Excuse me?
694
00:45:10,040 --> 00:45:13,660
Mr. Sewell, more commonly known as
Pinto, was the man seen leaving the
695
00:45:13,660 --> 00:45:17,820
scene by my witness, Philip Michael
Holden, which witness you found to be
696
00:45:17,820 --> 00:45:21,940
unreliable. Upon information and belief,
Mr. Sewell has recently been seen in
697
00:45:21,940 --> 00:45:25,380
the area, and the interests of justice
would mandate that he be picked up for
698
00:45:25,380 --> 00:45:29,420
questioning. Mr. Sewell is not a
suspect, Your Honor. We're satisfied
699
00:45:29,420 --> 00:45:31,360
man who killed Nina Corey is right
there.
700
00:45:31,660 --> 00:45:34,220
I can't tell the police who to pick up,
Mr. Cusack.
701
00:45:34,730 --> 00:45:36,410
If they don't consider this Mr.
702
00:45:36,790 --> 00:45:40,490
Sewell to be a suspect, I'm certainly
not ordering them to do so. He's
703
00:45:40,490 --> 00:45:43,770
a flight risk, Your Honor. If we don't
pick him up, then... I'm sorry, but
704
00:45:43,770 --> 00:45:45,030
that's not within my authority.
705
00:45:45,730 --> 00:45:47,510
Trial date for the first week of April.
706
00:45:47,850 --> 00:45:50,350
I'll see both of you here next week on
the motion to dismiss.
707
00:45:52,010 --> 00:45:53,010
That's all.
708
00:45:57,850 --> 00:46:00,490
Well, we're back in the running, Earl.
Thank you, Michael.
709
00:46:00,790 --> 00:46:01,890
I've got to see some people.
710
00:46:05,509 --> 00:46:06,830
Obviously, we're very disappointed.
711
00:46:07,350 --> 00:46:11,730
It's a very sad day when a murderous
conviction is overturned on a
712
00:46:11,970 --> 00:46:16,350
But I assure the people, this office is
dedicated to keeping Earl Williams in
713
00:46:16,350 --> 00:46:17,350
prison.
714
00:46:17,550 --> 00:46:20,970
It's a sadder day when district
attorneys disregard the laws they were
715
00:46:20,970 --> 00:46:21,788
to uphold.
716
00:46:21,790 --> 00:46:24,430
If there's any public disgust here, it
should be directed at Margaret Flanagan.
717
00:46:24,590 --> 00:46:27,870
You want to try this in the media,
Margaret? So what?
718
00:46:28,150 --> 00:46:30,990
I can play the same game as you.
719
00:46:31,710 --> 00:46:34,850
Mr. Cusack, will you defend strategy? I
have no further comment. I'll see you in
720
00:46:34,850 --> 00:46:35,569
Fort Margaret.
721
00:46:35,570 --> 00:46:36,890
Mr. Cusack, one more question. No
further comment.
722
00:46:37,650 --> 00:46:38,650
Mr.
723
00:46:39,530 --> 00:46:41,810
Cusack, I'm Johnny Kale. We spoke on the
phone.
724
00:46:42,110 --> 00:46:44,150
Right. Thanks for meeting me here.
725
00:46:45,730 --> 00:46:49,750
Ronald Sewell, street name Pinto. Last
seen around Olympic Grand, but he could
726
00:46:49,750 --> 00:46:50,750
be anywhere.
727
00:46:50,890 --> 00:46:53,630
I want you to find out where he lives
and search it. All right.
728
00:46:54,370 --> 00:46:56,330
Most of all, I want him.
729
00:46:56,630 --> 00:47:00,730
When you find him, I want you to set up
a meeting.
730
00:47:02,000 --> 00:47:04,760
Are you asking us to hold him against
his will, sir?
731
00:47:06,620 --> 00:47:07,620
Absolutely not.
732
00:47:09,800 --> 00:47:11,200
Get him for you, counselor.
733
00:47:11,800 --> 00:47:12,800
Good.
61672
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