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Previously on L .A. Law. If you think
you're going to step into the void left

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my absence so that you can... I've never
seen any void.

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You think you're this tough, lady? Don't
take me on, Ann.

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I don't know what your relationship is
with this woman. I don't want to know. I

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mean, that's for you to figure out.

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I mean, there's nothing between Grace
and me but friendship.

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I don't know you well enough to know if
you're lying.

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But someday I'm going to pick the
expression.

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Something tells me to look a lot like
the one you're wearing right now.

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I'm not a wild beast, no matter what you
would like these people to believe.

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I am a human being, and I did not kill
anyone!

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In the matter of the people versus Earl
Williams, we, the jury, having

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previously found the defendant guilty of
murder in the first degree...

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and having found special circumstances
to exist, now do fix penalty at death by

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the infliction of lethal gas.

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I'll call you as soon as it's over.

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I shouldn't be trying to get my hopes up
here, should I?

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Death penalty appeals are usually
losers. I'm not going to lie to you

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that, but we do have a chance, Earl. We
have a legitimate chance.

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How long does it take them to make up
their minds?

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They usually take it under advisement,
but you never know. With this kind of

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case, they could decide pretty quickly.

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We've got plenty of appeals left. We
haven't even gotten to the federal court

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yet, so...

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Moving on, Michael, where are we in the
Earl Williams appeal?

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Oral arguments before the Supreme Court
of California tomorrow, 11 o 'clock.

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Victor will be second -carrying.

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Are we still doing the moot court in
preparation?

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Yes, it's morning. You, Victor, and
Stuart are the judges. I hope you had a

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chance to look over the briefs. 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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at me with, so whatever questions you
can come up with will be very helpful.

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I think you really got a shot.

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Yeah.

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Moving on, major kudos to Rosalind
Chase.

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She's officially landed Anderson
Industries as a client.

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This is the second largest steel
distribution company in the country and

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potentially the biggest client we've
ever had.

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That's terrific.

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Way to go, Roz.

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Thank you.

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I have a meeting with the CEO on
Wednesday, and I suspect that he'll put

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right to work.

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That's fantastic.

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It certainly is. And moving from the
fantastic to the incredible, Arnold.

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You have a case involving Rochelle
Peters?

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Yeah, I'm representing her ex -husband.
Is that the Rochelle Peters of the

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evening news, 7 o 'clock? Very one, and
this is good.

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Evidently, Miss Peters did some
anchoring before a different kind of

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Don't tell me. Home videos.

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Between she and her husband when they
were just newlyweds in the act, in the

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other act, in the simultaneous act,
anyway, cut to five years later.

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Husband becomes ex -husband. He has
something all the adult film

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companies would like to have. He wants
to sell. She slapped him with a

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restraining order. That's despicable.

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Have you got the tape? He'll be bringing
it in. We've got a meeting this

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morning. How can you involve yourself
with something like this?

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Because it's perverted. It's sordid.

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It's what I live for.

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Keep us apprised, Arnold. And on that
titillating note, we're adjourned.

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Leland? Can I talk to you about
something?

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Sure. Well, I've got a meeting in 30
minutes, right after lunch. Actually, I

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hoping I could do it now. It's
important.

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Yeah, sure. Come on.

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Okay.

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This new client, Anderson Industries.

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Yes.

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Anderson Industries has major holdings
in South Africa, Leland.

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It has a...

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A long investment history in South
Africa. It distributes steel girders

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in South Africa.

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Now, I'm not a very political person.

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And I know it's not the place for an
associate to have input on the accepting

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the rejecting of clients. But this
company helps promote apartheid. And I'd

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big problems being associated with them.

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Well, Jonathan, I don't know anything
about Anderson's connections in South

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Africa or where they invest.

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I do.

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Has this company, to your knowledge,
ever done anything illegal? No, but they

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have repeatedly violated the spirit of
Congress's economic sanctions by finding

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loopholes to keep importing South
African products.

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Leland, they have at least indirectly
supported a government based on white

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supremacy. I just don't see how we can
attach ourselves to any client who could

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attach themselves to that.

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If you really want to make an issue...

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I'll take it to the partners.

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But I gotta tell you, this is a major
client.

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I want to make it an issue.

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There are

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five

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separate grounds, each individually
warranting a new trial.

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The first...

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concerns the DNA test which were used to
establish Earl Williams at the scene of

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the crime.

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Now, the technology... An eyewitness
also put your client at the scene,

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That idea was shaky at best, Your Honor.
The DNA identification conclusively

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established it, and that technology was
recently shown to be suspect.

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You can't expect this court to make
scientific findings on the basis of

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appellate briefs and oral arguments.

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No. I do expect the court to take
judicial notice, however, of the lack of

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uniformity within the scientific
community concerning the reliability of

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testing. Don't get snide, Mike. You'll
just put him off. Well, I think we can

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stick to the format here, okay?

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The second ground gives the trial court
abuse of discretion in failing to reopen

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the case.

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to admit newly discovered evidence. That
would be the eyewitness testimony of

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Philip Michael Holden? That's correct.
Mr. Holden saw a black by the name of

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Ronald Sewell coming out of Nina Corey's
apartment building at the time of the

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murder. Now, had the jury been allowed
to hear this evidence... This witness

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a convicted drug dealer who decided to
come forth with his testimony in

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for your professional services. Would
that be right?

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Yes, it would. And the trial court
conducted an evidentiary hearing to

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the credibility of this witness, after
which the judge deemed him to be

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unreliable. Isn't that right, counsel?
Yeah, that's correct.

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And you're asking us to substitute our
judgment for the trial judge who

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to him and had opportunity to weigh his
credibility?

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What you don't understand is that the
jury should have the opportunity to

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that credibility.

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Well, time out.

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I don't think that you should ever tell
a Supreme Court justice that he doesn't

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understand. You should blame yourself
for failing to make... Wait a minute.

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Could we just do this, please?

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Mike, demeanor counts.

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Yes, it does.

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What also counts is evidence of domestic
violence introduced by the DA.

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Evidence which was prejudicial. What
also counts was unfair surprise and the

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tactics of the DA. Now, those are the
important issues here, and that's what

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should be asking me these questions
about. What? You're going to tell the

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what questions to ask? No.

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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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forum. Yeah.

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Mr. Cusack, isn't it possible that your
client is guilty?

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That's a stupid question, Douglas.

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Hey, you know... No, no, I know.

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I'm not supposed to insult Supreme Court
justices. Well, thank you all very much

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for your help.

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I really think that I would be better
served by preparing for this on my own.

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I don't think it was a stupid question.

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You've been divorced for three years,
Al.

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Why'd you first decide to sell this
video now?

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You want to know why?

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About a month ago, a mutual friend of
ours got married.

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Rochelle was there with this guy, tall,
handsome, athletic -looking guy.

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I'm going to be a grown -up if I go up
and I say hello. She says, uh, Colin,

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this is my friend Al.

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My friend.

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Not my ex -husband.

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Not the man I slept with for six years.
Not the man I stabbed through the heart.

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Her friend.

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Right.

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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. So she knows the tape

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that it was a marital asset, and now it
belongs to you. She'd say to me, Al,

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what should I read?

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I'd go out and buy her books.

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I mean the great books, Dreiser,
Farrell, Tolstoy. She'd say, Al, what

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see? I'd take her out to foreign films,
Rossellini, Budovkin.

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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 going to have to see this, of
course, to prepare for the hearing.

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night at the opera, she was there.
Norman Mailer's birthday party, she was

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there. 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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Yeah? Oh, you bet.

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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. 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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Judge Henderson, by all accounts, is the
most influential up there, so if he

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asks a question, make sure you answer
it.

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Connolly's considered the lightweight,
so if you have to duck him at all, it's

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not going to be fatal.

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Okay, did you file that supplemental
list of authorities yet?

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Yeah, yesterday.

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Good. Victor, I'm not really following
your index on the trial transcripts. Oh,

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okay. This is witness.

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This column is a statement made of
subject matter coverage.

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Indicates the page number.

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It's right here in the kitchen, whether
it was across or direct.

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You think I'm going to be able to
decipher these little symbols in the

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oral argument? I'm going to be there
deciphering it for you. Oh, yeah, but

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if I have to reference something really
fast? I only have 45 minutes up there.

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I'm not chopping at you, Mike. I'm not
chopping at you, Victor.

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I'm not chopping at you. Chopping at me,
and I don't like it, especially since

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I've been... Victor, this is a death
penalty case, all right? A man's life is

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the line here. I know, and it's all
hanging on you, and you're starting to

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afraid. But, Mike, if you start snapping
at those judges the way you did at us

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in moot court, they're not going to be
listening to you for very long.

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I'm sorry. I just... I'm a little
overanxious here, and I just want to get

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done.

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I'm sorry.

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What issue are you going to be leading?

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Prosecutorial misconduct.

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You mean you're going after Flanny?

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Yep.

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Unfair surprise.

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She sprung that semen evident to try
without even telling me first, and I'm

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going to nail her for that.

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00:16:29,610 --> 00:16:30,660
Hmm.

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What about abuse of discretion? I mean,
that's viable too. No, Douglas was right

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on that. The judges would never
substitute their judgment on that.

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If I'm going to win this, I'm going to
have to take Margaret down.

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Think you can?

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00:16:45,700 --> 00:16:46,960
We'll find out, won't we?

233
00:16:52,620 --> 00:16:54,480
I don't want to lose your case, Victor.

234
00:16:56,640 --> 00:16:58,750
I don't know what I'd do if I lost this
case.

235
00:17:00,380 --> 00:17:03,030
Anderson Industries is a law -abiding
corporation.

236
00:17:03,100 --> 00:17:07,680
It does extensive charity work. It is a
company with a first -rate reputation.

237
00:17:07,980 --> 00:17:12,299
Which also has ties to South Africa. You
couldn't find a major law firm in this

238
00:17:12,300 --> 00:17:16,040
country that doesn't have at least one
client with the same kind of ties.

239
00:17:16,280 --> 00:17:17,540
I don't believe that. Look.

240
00:17:17,760 --> 00:17:20,700
Let's deal with one precedent at a time,
shall we?

241
00:17:20,900 --> 00:17:25,779
Are we really going to let an associate
dictate to us what entities we will or

242
00:17:25,780 --> 00:17:27,660
will not accept as clients?

243
00:17:27,661 --> 00:17:28,579
N -O.

244
00:17:28,580 --> 00:17:32,560
It's not just an associate who's
objecting. I'm a partner, and I don't

245
00:17:32,561 --> 00:17:34,339
You didn't seem to mind yesterday.

246
00:17:34,340 --> 00:17:36,239
Because I didn't know their history
yesterday.

247
00:17:36,240 --> 00:17:39,639
And why didn't you know? I'll tell you
why. Because it is not the practice of

248
00:17:39,640 --> 00:17:41,870
this firm to do policy checks on its
clients.

249
00:17:42,650 --> 00:17:47,069
It is not the practice of this firm to
scrutinize the political identities of

250
00:17:47,070 --> 00:17:50,669
the people who pay our fees. Well, maybe
it should be. Why? Because this

251
00:17:50,670 --> 00:17:52,590
particular client happens to be mine?

252
00:17:52,591 --> 00:17:56,429
All right, now. Because this particular
client has dealings with the most racist

253
00:17:56,430 --> 00:18:00,070
government on the face of the earth.
This is a political question, Ann.

254
00:18:00,530 --> 00:18:04,329
Abortion is a political question,
Douglas. We had to drop my client

255
00:18:04,330 --> 00:18:05,169
political question.

256
00:18:05,170 --> 00:18:09,590
That was office politics. Completely
different. And that's crap. It isn't

257
00:18:09,730 --> 00:18:13,280
We cut your abortion client because
siding with her would have made us

258
00:18:13,281 --> 00:18:17,229
Siding with Anderson Industries would
make us richer, and that's the only kind

259
00:18:17,230 --> 00:18:20,749
of politics we can afford to play here.
We're sinking a hell of a lot lower than

260
00:18:20,750 --> 00:18:22,869
the bottom line if we take this client,
Douglas.

261
00:18:22,870 --> 00:18:26,529
Come on, Stuart, don't. They support
South Africa, Rosalind. You're talking

262
00:18:26,530 --> 00:18:29,840
about a government that suppresses the
majority of its citizens.

263
00:18:29,841 --> 00:18:33,049
That's repugnant. And if it's not
repugnant to Anderson Industries, I

264
00:18:33,050 --> 00:18:34,809
to have anything to do with them. Fine.

265
00:18:34,810 --> 00:18:38,549
then I want complete bios and cross
-checks done on every client so we can

266
00:18:38,550 --> 00:18:42,530
to implement this new policy of moral
judgment. That's ridiculous.

267
00:18:42,830 --> 00:18:44,630
No, I'll tell you what's ridiculous.

268
00:18:44,690 --> 00:18:50,129
A law firm that throws away $300 ,000
defending a murderer and appealing his

269
00:18:50,130 --> 00:18:56,509
conviction and then turns down a
potential $2 million a year client

270
00:18:56,510 --> 00:18:59,889
don't like the politics of some of the
folks it does business with. That's

271
00:18:59,890 --> 00:19:03,440
ridiculous. All right, we've heard
enough. Let's put the damn thing to a

272
00:19:04,770 --> 00:19:06,790
Arnold votes yes by proxy.

273
00:19:07,750 --> 00:19:08,910
Michael votes no.

274
00:19:09,630 --> 00:19:10,680
I'm a yes.

275
00:19:10,790 --> 00:19:11,840
Me too.

276
00:19:11,970 --> 00:19:13,020
I'm a no.

277
00:19:13,270 --> 00:19:15,390
And I vote no. Three to three, Leland.

278
00:19:16,750 --> 00:19:17,800
You decide.

279
00:19:20,110 --> 00:19:23,810
I vote yes. We take this client. This
meeting is adjourned.

280
00:19:36,520 --> 00:19:40,939
In 23 years of practice, Your Honor,
I've never been as outraged as I am at

281
00:19:40,940 --> 00:19:45,079
moment. This woman stands to have her
entire career ruined because that man

282
00:19:45,080 --> 00:19:48,959
wants to take moments of intimacy
between a husband and wife and make them

283
00:19:48,960 --> 00:19:53,279
pornography. Your Honor, the tape is
what it is. My client is not making it

284
00:19:53,280 --> 00:19:56,200
anything. He is making it public, Mr.
Becker.

285
00:19:56,201 --> 00:20:00,099
And I have agreed to seal this courtroom
for the reason that to reveal the very

286
00:20:00,100 --> 00:20:02,420
existence of this tape could cause...

287
00:20:02,880 --> 00:20:03,930
irreparable damage.

288
00:20:03,931 --> 00:20:07,179
Your Honor, that's exactly what Mr.
Vogel wants to do. His venom and

289
00:20:07,180 --> 00:20:10,430
spitefulness for his former wife were
matched only by his greed.

290
00:20:10,431 --> 00:20:13,899
Your Honor, that's just nonsense. The
property settlement between these two

291
00:20:13,900 --> 00:20:17,199
people itemizes everything that goes to
Miss Peters. It gives all rights in the

292
00:20:17,200 --> 00:20:18,660
remainder to my clients.

293
00:20:18,880 --> 00:20:23,759
Mr. Becker, is there any indication that
Miss Peters would have knowingly

294
00:20:23,760 --> 00:20:26,580
authorized the distribution of this
tape?

295
00:20:26,581 --> 00:20:29,959
My client's an accomplished
photographer. He took a great many

296
00:20:29,960 --> 00:20:33,579
wife. In each case, she authorized their
use. Mr. Becker, we're not talking

297
00:20:33,580 --> 00:20:38,500
about photographs here. We're talking
about videotaped footage of marital

298
00:20:38,840 --> 00:20:44,599
Without getting overly graphic,
gentlemen, can you give me a sense of

299
00:20:44,600 --> 00:20:45,650
this tape?

300
00:20:47,520 --> 00:20:49,740
Several variations of coitus.

301
00:20:49,741 --> 00:20:52,679
Compared to what's out there, it's
pretty wholesome stuff.

302
00:20:52,680 --> 00:20:56,459
It won't be any too wholesome when some
guy's standing in a plywood booth

303
00:20:56,460 --> 00:21:00,159
slamming quarters into the damn thing to
see it. This would be intended for the

304
00:21:00,160 --> 00:21:01,400
home video market only.

305
00:21:01,720 --> 00:21:03,420
Okay, I have heard enough.

306
00:21:03,421 --> 00:21:07,819
Mr. Becker, your client isn't joined
from exhibiting this tape commercially.

307
00:21:07,820 --> 00:21:12,359
Miss Peters retains the right to
determine how her name and likeness are

308
00:21:12,360 --> 00:21:16,800
used. Nothing in this divorce agreement
anticipated this.

309
00:21:17,480 --> 00:21:18,620
Nothing in it.

310
00:21:18,890 --> 00:21:22,909
gives him the right to do it. Your
Honor, we also requested that Mr. Vogel

311
00:21:22,910 --> 00:21:25,140
over all extra copies now under his
control.

312
00:21:25,330 --> 00:21:26,380
That I cannot order.

313
00:21:26,730 --> 00:21:31,269
The agreement clearly grants all
possession of the tape to Mr. Vogel, and

314
00:21:31,270 --> 00:21:34,749
simply don't have the authority to
supersede it. What about private

315
00:21:34,750 --> 00:21:37,590
for 50 or 60 of his closest friends?

316
00:21:37,591 --> 00:21:41,389
Your Honor, what's going to happen when
this tape starts to circulate privately

317
00:21:41,390 --> 00:21:43,170
among friends, party to party?

318
00:21:43,390 --> 00:21:47,389
That's not going to happen. Please, Mr.
Becker, who among us has not seen the

319
00:21:47,390 --> 00:21:48,440
Rob Lowe tape?

320
00:21:49,110 --> 00:21:50,160
Anyone? Anyone?

321
00:21:50,790 --> 00:21:53,830
Listen, I have done all I can do.

322
00:21:55,090 --> 00:21:59,669
And in fact, given my relationship with
Mr. Becker's firm, I may well be forced

323
00:21:59,670 --> 00:22:03,749
to recuse myself before this matter
comes to trial. Which, by the way, would

324
00:22:03,750 --> 00:22:04,970
just fine with me.

325
00:22:05,141 --> 00:22:12,909
May it please the court, I'm Michael
Kudak, appearing for the appellant, Earl

326
00:22:12,910 --> 00:22:13,960
Williams.

327
00:22:14,350 --> 00:22:16,820
Contained in my papers is an overview of
the case.

328
00:22:17,370 --> 00:22:21,570
as well as specific grounds which
mandate a reversal in my client's

329
00:22:21,571 --> 00:22:25,529
Today, I would like to focus on the most
compelling of those grounds, the

330
00:22:25,530 --> 00:22:29,489
prosecutorial misconduct of Margaret
Flanagan. I don't mean to cut you off at

331
00:22:29,490 --> 00:22:34,050
the jump, counsel, but this court is
generally suspect of that particular

332
00:22:34,690 --> 00:22:37,040
Are you sure that's where you want to
steer us?

333
00:22:37,110 --> 00:22:38,160
I'm exactly sure.

334
00:22:38,650 --> 00:22:42,510
Margaret Flanagan's conduct in this
trial was reprehensible. It was

335
00:22:42,511 --> 00:22:45,889
It was a breach of her duty to act as an
officer of the court, and it is the

336
00:22:45,890 --> 00:22:48,420
reason why an innocent man is sitting on
death row.

337
00:22:48,570 --> 00:22:53,349
I assume you're referring to the DNA
evidence which placed your client's

338
00:22:53,350 --> 00:22:54,410
on the victim's bed?

339
00:22:54,411 --> 00:22:55,929
That's correct, Your Honor.

340
00:22:55,930 --> 00:22:59,929
The district attorney had an obligation
to disclose that information to me and

341
00:22:59,930 --> 00:23:04,169
to the court prior to the trial. She did
not. But according to the record, Miss

342
00:23:04,170 --> 00:23:06,940
Flanagan herself got this evidence at
the last second.

343
00:23:07,500 --> 00:23:11,299
There's no evidence that she willfully
concealed anything. And the judge

344
00:23:11,300 --> 00:23:14,060
you a continuance to give you time, and
you declined.

345
00:23:14,480 --> 00:23:19,199
First of all, the record will show that
she got the evidence from the lab on the

346
00:23:19,200 --> 00:23:20,250
eve of the trial.

347
00:23:20,480 --> 00:23:25,219
She sprung it in court three days into
the trial. That gave her two days to

348
00:23:25,220 --> 00:23:28,980
inform me, which she didn't. That makes
her conduct willful.

349
00:23:29,560 --> 00:23:33,640
As for my refusing the continuance, the
damage had already been done.

350
00:23:33,641 --> 00:23:34,859
How so?

351
00:23:34,860 --> 00:23:36,480
Had I known what she had...

352
00:23:36,730 --> 00:23:41,669
as I was entitled to under Walker v.
Superior Court, I would never have

353
00:23:41,670 --> 00:23:44,609
that my client was having a sexual
relationship with Nina Corey.

354
00:23:44,610 --> 00:23:48,529
I also would never have denied that he
was in her apartment on the night she

355
00:23:48,530 --> 00:23:51,349
murdered. In other words, you never
would have lied to the court if you knew

356
00:23:51,350 --> 00:23:52,169
you'd be caught.

357
00:23:52,170 --> 00:23:55,609
I didn't know my client was having an
affair with the victim. It was a

358
00:23:55,610 --> 00:23:56,660
to me as well.

359
00:23:57,030 --> 00:23:58,450
Earl Williams did lie.

360
00:23:58,690 --> 00:24:03,110
I'm not making excuses for that. But had
I known he was lying, and I would have,

361
00:24:03,190 --> 00:24:04,790
had she followed the law...

362
00:24:05,070 --> 00:24:07,590
I would have stopped him from using it.
I'm sorry.

363
00:24:07,890 --> 00:24:10,210
I'm not sure I understand the harm.

364
00:24:10,530 --> 00:24:14,869
Everything she introduced at the trial,
your client admitted himself once he

365
00:24:14,870 --> 00:24:15,689
took the stand.

366
00:24:15,690 --> 00:24:19,050
The harm is that he was portrayed as a
liar.

367
00:24:19,310 --> 00:24:20,550
Because he was a liar.

368
00:24:20,750 --> 00:24:22,250
He told one lie, yes.

369
00:24:22,490 --> 00:24:26,509
But what I'm saying, Your Honor, is that
had I known about her DNA evidence, I

370
00:24:26,510 --> 00:24:27,950
would have known he was lying.

371
00:24:28,530 --> 00:24:31,850
As a good attorney, I would have
counseled him not to lie.

372
00:24:32,270 --> 00:24:35,929
The jury would never have perceived him
as dishonest, and without that

373
00:24:35,930 --> 00:24:38,830
perception, Earl Williams would have
been acquitted.

374
00:24:39,230 --> 00:24:42,510
Sounds a little meandering to me, Mr.
Cusack.

375
00:24:42,770 --> 00:24:44,250
Then let me make it more clear.

376
00:24:44,570 --> 00:24:46,570
She had two linchpins in her case.

377
00:24:46,571 --> 00:24:51,069
The circumstantial evidence that placed
Earl Williams at the scene of the crime,

378
00:24:51,070 --> 00:24:54,510
at the time of the murder, and the
evidence of his dishonesty.

379
00:24:54,511 --> 00:24:58,789
Had the district attorney complied with
the law, I would have kept the second

380
00:24:58,790 --> 00:24:59,840
part of her case out.

381
00:25:00,350 --> 00:25:04,349
That means that she would have been left
trying to prove murder beyond a

382
00:25:04,350 --> 00:25:07,749
reasonable doubt with nothing more than
circumstantial evidence.

383
00:25:07,750 --> 00:25:11,409
And that's why she withheld it, to give
herself something that she otherwise

384
00:25:11,410 --> 00:25:12,550
would not have had.

385
00:25:12,910 --> 00:25:14,110
She fights hard.

386
00:25:14,630 --> 00:25:19,189
She fights to win. I understand that.
But if you are going to put someone on

387
00:25:19,190 --> 00:25:24,969
death row, if you are going to send a
human being to the gas chamber, you

388
00:25:24,970 --> 00:25:28,070
at least follow the rules and obey the
law.

389
00:25:29,390 --> 00:25:31,050
Margaret Flanagan didn't.

390
00:25:59,191 --> 00:26:06,039
Quarter of a million dollars, Al. That's
more money than you would have made in

391
00:26:06,040 --> 00:26:07,090
the porno business.

392
00:26:08,300 --> 00:26:09,350
Not interested.

393
00:26:09,400 --> 00:26:13,859
Right. What you're interested in is
seeing this woman hurt, huh? What is it

394
00:26:13,860 --> 00:26:14,910
hurts, Rochelle?

395
00:26:14,911 --> 00:26:17,999
The fact that there's a photographic
record of us having gone to bed?

396
00:26:18,000 --> 00:26:20,139
No, the fact that you would show it to
people.

397
00:26:20,140 --> 00:26:21,099
All right.

398
00:26:21,100 --> 00:26:23,450
Let's cut through the psychodrama, shall
we?

399
00:26:23,451 --> 00:26:27,999
Now, what's it going to take, Mr. Vogel?
Putting a dollar figure on something

400
00:26:28,000 --> 00:26:29,680
like this is impossible.

401
00:26:30,060 --> 00:26:31,320
Well, let's try.

402
00:26:33,120 --> 00:26:36,940
1 .2 million structured over 18 months,
400 ,000 due immediately.

403
00:26:37,220 --> 00:26:38,270
That's outrageous.

404
00:26:38,380 --> 00:26:39,430
Is it?

405
00:26:39,431 --> 00:26:42,379
Your biggest fear, and you can correct
me if I'm wrong, Kevin, is that

406
00:26:42,380 --> 00:26:45,079
Rochelle's sexual hijinks will destroy
her credibility.

407
00:26:45,080 --> 00:26:48,510
That's right, Mr. Becker. That's just
what we don't want to see happen.

408
00:26:48,720 --> 00:26:52,630
Thousands of tapes circulating around
the country, people watching them in

409
00:26:52,700 --> 00:26:55,960
at frat parties, running gags in Johnny
Carson's monologue.

410
00:26:56,220 --> 00:26:57,270
Half a million.

411
00:26:57,520 --> 00:27:01,460
You spend over 10 million a year just
promoting her, protecting her Q rating.

412
00:27:01,870 --> 00:27:05,660
You're telling me that half a million is
all that's worth? Make it a million.

413
00:27:05,870 --> 00:27:06,920
Point two.

414
00:27:08,890 --> 00:27:10,610
Okay. I don't want to sell it.

415
00:27:11,050 --> 00:27:12,100
What?

416
00:27:12,510 --> 00:27:13,950
Excuse me, Al. No deal.

417
00:27:15,030 --> 00:27:17,970
Al, there's a terrific deal to be made
here. I said no.

418
00:27:18,710 --> 00:27:20,110
I don't understand this.

419
00:27:32,240 --> 00:27:33,380
You hear anything yet?

420
00:27:33,381 --> 00:27:36,419
Nothing. I mean, I know they met on it,
but that's all I know.

421
00:27:36,420 --> 00:27:38,470
I sure as hell don't want to be out of
work.

422
00:27:38,471 --> 00:27:42,099
But if they take that client, I've got
no other choice.

423
00:27:42,100 --> 00:27:42,959
What do you mean?

424
00:27:42,960 --> 00:27:44,880
I couldn't stay here, Diana. Could you?

425
00:27:45,000 --> 00:27:46,050
Yeah.

426
00:27:46,051 --> 00:27:50,799
I'm not quitting. That company supports
South Africa. How could you possibly

427
00:27:50,800 --> 00:27:51,850
stay here?

428
00:27:52,380 --> 00:27:53,940
How could Michael Kuzak stay?

429
00:27:54,200 --> 00:27:56,000
How could Ann Kelsey stay?

430
00:27:56,240 --> 00:27:57,290
Are you kidding me?

431
00:27:57,340 --> 00:28:00,050
No, I'm not kidding you, Jonathan. Are
you kidding me?

432
00:28:00,051 --> 00:28:03,629
You think because we're black, we've got
the exclusive on outrage here?

433
00:28:03,630 --> 00:28:06,350
With apartheid, we've certainly got a
priority, yes.

434
00:28:06,351 --> 00:28:10,009
Did it ever occur to you that your
quitting would accomplish nothing?

435
00:28:10,010 --> 00:28:15,089
Did it ever occur to you that by
staying, maybe you could help influence

436
00:28:15,090 --> 00:28:18,249
Anderson Industries, maybe even convince
them to change? What's this, the

437
00:28:18,250 --> 00:28:21,709
Sullivan principle? Look, baby, you
don't want to lose your job, fine. Just

438
00:28:21,710 --> 00:28:25,200
so, but don't start feeling... That's
right! I don't want to lose my job!

439
00:28:27,050 --> 00:28:31,190
I can't afford to. I'm already about $20
,000 in debt in student loans.

440
00:28:32,470 --> 00:28:36,149
This job is also my best career
opportunity, and I shouldn't have to

441
00:28:36,150 --> 00:28:39,729
just because you're having a little
spasm of black guilt. You don't want to

442
00:28:39,730 --> 00:28:40,729
quit.

443
00:28:40,730 --> 00:28:41,780
Don't quit.

444
00:28:41,850 --> 00:28:43,710
Just stay here and represent racists.

445
00:28:45,190 --> 00:28:46,390
Maybe you're the racist.

446
00:28:46,391 --> 00:28:50,629
No, you're the one making assumptions
about my feelings on the basis of skin

447
00:28:50,630 --> 00:28:51,730
color. No.

448
00:28:53,290 --> 00:28:54,870
The assumptions I made...

449
00:28:55,210 --> 00:28:57,610
were based on what I thought I knew
about you.

450
00:28:58,850 --> 00:29:01,910
If I was wrong, I was wrong and I
apologize.

451
00:29:12,730 --> 00:29:15,650
Mr. Cusack has exhausted every avenue.

452
00:29:16,200 --> 00:29:20,059
each one more desperate than the next.
The record shows he offered free

453
00:29:20,060 --> 00:29:24,639
professional services to entice a new
eyewitness to testify in the hope of

454
00:29:24,640 --> 00:29:25,700
reopening the trial.

455
00:29:26,160 --> 00:29:27,210
That failed.

456
00:29:27,620 --> 00:29:31,020
Now he's here today claiming
prosecutorial misconduct.

457
00:29:31,260 --> 00:29:33,940
Why didn't you tell him about your DNA
evidence?

458
00:29:34,320 --> 00:29:38,919
As I've maintained before, Your Honor, I
didn't get those results until the very

459
00:29:38,920 --> 00:29:39,899
last moment.

460
00:29:39,900 --> 00:29:43,780
Perhaps I was careless in not making
sure of his notice, but...

461
00:29:44,080 --> 00:29:46,120
I certainly didn't conceal anything.

462
00:29:46,420 --> 00:29:50,300
Forgive me, Miss Flanagan, but that
evidence was a bombshell and you knew

463
00:29:50,520 --> 00:29:54,299
Do you expect us to believe you failed
to alert defense counsel because it

464
00:29:54,300 --> 00:29:55,339
slipped your mind?

465
00:29:55,340 --> 00:29:59,919
I expect the court to take judicial
notice of my reputation and know that

466
00:29:59,920 --> 00:30:04,800
nondisclosure was not willful. I also
expect the court to recognize that Mr.

467
00:30:05,000 --> 00:30:09,899
Cusack knew my strategy, Your Honor. He
knew I would be attempting to prove this

468
00:30:09,900 --> 00:30:10,980
sexual relationship.

469
00:30:11,550 --> 00:30:14,930
We offered a continuance if he felt
prejudiced by the surprise.

470
00:30:15,430 --> 00:30:21,189
He didn't want it because he wasn't
prejudiced. It's possible Mr. Cusack

471
00:30:21,190 --> 00:30:24,560
have prevented his client from looking
like a liar before the jury.

472
00:30:24,650 --> 00:30:26,570
I suppose that is possible, Your Honor.

473
00:30:27,090 --> 00:30:29,890
But Earl Williams was, in fact, a liar.

474
00:30:29,891 --> 00:30:33,969
Are we really saying that the interests
of justice have been contravened here

475
00:30:33,970 --> 00:30:36,200
because the jury got the right
impression?

476
00:30:36,390 --> 00:30:37,440
Let's face it.

477
00:30:38,040 --> 00:30:42,839
Mr. Cusack is asking for a new trial
today because the jury was exposed to

478
00:30:42,840 --> 00:30:47,259
truth. No, he's asking for a new trial
because you failed to disclose physical

479
00:30:47,260 --> 00:30:50,960
evidence to him, which you are required
to do under Walker v.

480
00:30:51,240 --> 00:30:52,740
Superior Court. Had Mr.

481
00:30:53,040 --> 00:30:58,679
Cusack known of the DNA evidence
beforehand, his client would have simply

482
00:30:58,680 --> 00:31:00,580
the truth sooner rather than later.

483
00:31:01,050 --> 00:31:05,689
That's not a distinction which justifies
overturning a verdict which 12 members

484
00:31:05,690 --> 00:31:08,110
found to be fully supported by the
facts.

485
00:31:09,510 --> 00:31:15,009
Earl Williams is on death row because he
murdered a young woman, not because his

486
00:31:15,010 --> 00:31:16,390
lawyer was caught off guard.

487
00:31:16,391 --> 00:31:20,029
Mrs. Flanagan, I've been through the
transcripts and I've taken note of your

488
00:31:20,030 --> 00:31:24,409
propensity to inject your own personal
feelings into this case, which you know

489
00:31:24,410 --> 00:31:25,229
is not proper.

490
00:31:25,230 --> 00:31:29,230
If you're asking me, did I conceal my
personal disgust for Earl Williams?

491
00:31:30,370 --> 00:31:35,869
No, I probably didn't. I went after Earl
Williams for that. I went after him

492
00:31:35,870 --> 00:31:36,920
hard.

493
00:31:37,450 --> 00:31:39,870
But am I guilty of misconduct?

494
00:31:41,410 --> 00:31:44,790
It was Michael Cusack who was held in
contempt, not I.

495
00:31:45,110 --> 00:31:49,090
It was Michael Cusack who was jailed for
ex parte abuse, not I.

496
00:31:49,630 --> 00:31:55,069
It was Michael Cusack who shouted
inadmissible evidence at a jury after

497
00:31:55,070 --> 00:31:58,750
trial judge disallowed it. He was a
desperate attorney doing his job.

498
00:31:59,310 --> 00:32:03,630
What he refuses to understand is I was
simply doing mine.

499
00:32:09,830 --> 00:32:10,880
Oh, my God.

500
00:32:11,490 --> 00:32:13,960
I don't understand how he can show this
to people.

501
00:32:14,910 --> 00:32:16,310
He's a strange fella.

502
00:32:16,570 --> 00:32:17,650
Are you sure it's her?

503
00:32:17,770 --> 00:32:19,050
I can't really tell.

504
00:32:19,590 --> 00:32:20,640
Turn over.

505
00:32:22,030 --> 00:32:23,080
It's her.

506
00:32:23,890 --> 00:32:24,940
Wow.

507
00:32:25,170 --> 00:32:27,870
She is cavorting with particular
abandon.

508
00:32:32,680 --> 00:32:33,730
Arnie, Al's here.

509
00:32:35,060 --> 00:32:39,160
Taking a look at it? No, hey, don't stop
on my account. No, we're nearly done.

510
00:32:39,161 --> 00:32:40,179
No, no, it's okay.

511
00:32:40,180 --> 00:32:42,199
You haven't even gotten to the good part
yet.

512
00:32:42,200 --> 00:32:46,540
Really? I'm Al Vogel, by the way.
Douglas Brockman. Hi, Stuart Markowitz.

513
00:32:46,920 --> 00:32:47,970
Pleased to meet you.

514
00:32:49,060 --> 00:32:50,500
She's something, isn't she?

515
00:32:51,060 --> 00:32:52,200
Very nice.

516
00:32:53,260 --> 00:32:55,460
Arnie, she called me this morning.

517
00:32:55,780 --> 00:32:59,390
She wants to drop by and talk. I guess I
should have expected that, right?

518
00:32:59,391 --> 00:33:03,619
She's not about to just give up, Al.
Hell no, I'm looking forward to watching

519
00:33:03,620 --> 00:33:04,299
her squirm.

520
00:33:04,300 --> 00:33:05,119
You like that?

521
00:33:05,120 --> 00:33:06,170
I like it.

522
00:33:06,480 --> 00:33:09,440
You do like it, don't you? I do, I do.

523
00:33:10,320 --> 00:33:12,660
Oh, is that what you want to do?

524
00:33:20,480 --> 00:33:25,700
The partners considered your concerns
this morning very seriously, I might

525
00:33:25,780 --> 00:33:27,340
and after weighing everything.

526
00:33:27,760 --> 00:33:30,560
We elected to accept Anderson Industries
as a client.

527
00:33:30,940 --> 00:33:32,400
I know that disappoints you.

528
00:33:32,401 --> 00:33:33,439
Yes, it does.

529
00:33:33,440 --> 00:33:36,939
If you choose not to do any work for
this client personally, I will honor

530
00:33:36,940 --> 00:33:38,460
decision. Oh, for God's sake.

531
00:33:39,100 --> 00:33:42,460
Listen, don't pick... I'm sorry,
Jonathan.

532
00:33:45,020 --> 00:33:48,919
I don't think I can work here anymore,
Leland. No, no, that is rash, and you

533
00:33:48,920 --> 00:33:51,510
know it. Yeah, well, maybe it's time for
me to be rash.

534
00:33:52,040 --> 00:33:53,300
I'm a rich boy, Leland.

535
00:33:53,520 --> 00:33:54,570
I had everything.

536
00:33:55,140 --> 00:33:56,190
Everything.

537
00:33:58,000 --> 00:34:01,130
It was easy to forget I was black, and
that's exactly what I did.

538
00:34:01,220 --> 00:34:05,720
You think because you're black, you have
an obligation to sample oppression?

539
00:34:06,920 --> 00:34:12,999
When I was at Harvard, they had protests
going on all the time over apartheid

540
00:34:13,000 --> 00:34:14,080
and divestitures.

541
00:34:16,480 --> 00:34:18,890
See, I was always too busy studying to
take part.

542
00:34:19,199 --> 00:34:24,178
So what I do after I graduate, I get a
job here at a downtown corporate law

543
00:34:24,179 --> 00:34:25,439
firm, go for the paycheck.

544
00:34:27,400 --> 00:34:32,559
Thing is, I never knew it was a firm
that could represent people who helped

545
00:34:32,560 --> 00:34:34,320
finance South Africa.

546
00:34:34,760 --> 00:34:37,650
Someday you'll probably head up your own
firm, Jonathan.

547
00:34:38,360 --> 00:34:40,639
And you'll see, it gets complicated.

548
00:34:41,659 --> 00:34:43,679
Sometimes you just have to compromise.

549
00:34:44,179 --> 00:34:46,500
No, you always struck me as a man who
didn't.

550
00:34:47,280 --> 00:34:50,879
When you found out your bank was
engaging in redlining, you closed all

551
00:34:50,880 --> 00:34:54,849
accounts. You refused to join your own
father's club because they wouldn't

552
00:34:54,850 --> 00:34:59,129
Jews. You, Leland, refused to represent
slumlords. You refused to represent

553
00:34:59,130 --> 00:35:02,290
union busters. Hell, Leland, why can't
you refuse now?

554
00:35:02,510 --> 00:35:05,050
Because it was put to a partnership
vote.

555
00:35:05,690 --> 00:35:08,950
I took your concerns to the partners,
and it was voted on.

556
00:35:09,170 --> 00:35:10,310
Which way did you vote?

557
00:35:13,350 --> 00:35:14,400
Leland?

558
00:35:16,410 --> 00:35:20,530
I'm entitled to my own position,
Jonathan, just as you're entitled to

559
00:35:21,640 --> 00:35:23,810
The problem is you agree with me on this
one.

560
00:35:24,980 --> 00:35:26,660
And you still voted the way you did.

561
00:35:52,460 --> 00:35:53,510
Hi, Rochelle.

562
00:35:55,860 --> 00:35:57,060
Where's your attorney?

563
00:35:57,140 --> 00:35:58,240
I didn't want him here.

564
00:35:58,620 --> 00:35:59,670
Mine stays.

565
00:35:59,980 --> 00:36:01,030
Fine.

566
00:36:05,680 --> 00:36:06,730
So what do you want?

567
00:36:06,731 --> 00:36:12,679
I want to know why you've come to hate
me this much. If I didn't have this

568
00:36:12,680 --> 00:36:14,360
videotape, you think you'd care?

569
00:36:14,361 --> 00:36:18,059
You know, maybe I should leave you. No,
I don't want to be alone with her. Her

570
00:36:18,060 --> 00:36:21,730
lawyer probably sent her here to get me
to say something that they can use.

571
00:36:24,750 --> 00:36:26,810
Al, why do you think I made that tape?

572
00:36:27,110 --> 00:36:28,160
I don't know.

573
00:36:28,190 --> 00:36:31,260
Maybe you were bombed. I made it because
I knew it thrilled you.

574
00:36:31,470 --> 00:36:32,520
Great.

575
00:36:32,650 --> 00:36:33,700
Sex is charity.

576
00:36:34,150 --> 00:36:35,510
It also thrilled me.

577
00:36:36,390 --> 00:36:37,440
More charity.

578
00:36:37,650 --> 00:36:38,700
Look at me, Al.

579
00:36:39,810 --> 00:36:41,870
I could be a little girl with you.

580
00:36:42,990 --> 00:36:45,130
I could be a goofball with you.

581
00:36:45,810 --> 00:36:48,010
Or I could be wanton and lewd.

582
00:36:48,710 --> 00:36:50,030
I could be anything.

583
00:36:51,610 --> 00:36:53,010
And you protected me.

584
00:36:53,400 --> 00:36:54,450
Yeah.

585
00:36:55,240 --> 00:36:57,980
So what? Why aren't you protecting me
now?

586
00:36:58,240 --> 00:36:59,800
Because I'm not your protector.

587
00:37:00,920 --> 00:37:01,970
I'm your friend.

588
00:37:04,120 --> 00:37:05,980
Isn't that what you introduced me as?

589
00:37:06,720 --> 00:37:07,770
Your friend?

590
00:37:08,080 --> 00:37:09,460
What do you want, Al?

591
00:37:09,900 --> 00:37:10,950
What do I want?

592
00:37:22,480 --> 00:37:23,680
I want to be your husband.

593
00:37:26,700 --> 00:37:29,700
I want you to be my wife.

594
00:37:30,800 --> 00:37:32,120
It's not going to happen.

595
00:37:33,260 --> 00:37:35,020
No matter how much you want it.

596
00:37:35,440 --> 00:37:38,000
It was once, but it's not going to
happen again.

597
00:37:38,540 --> 00:37:39,590
No.

598
00:37:39,920 --> 00:37:40,970
No.

599
00:37:41,940 --> 00:37:42,990
Great.

600
00:37:44,200 --> 00:37:48,720
Then prepare to star in the masturbatory
fantasies of millions.

601
00:37:49,120 --> 00:37:50,560
Let me tell you something, Al.

602
00:37:51,529 --> 00:37:55,410
Making that tape was one thing, but
releasing it is something else.

603
00:37:57,530 --> 00:37:59,130
Will I be mortified? Yes.

604
00:38:00,510 --> 00:38:04,470
In the end, though, all that it proves
is that I made love to my husband.

605
00:38:05,070 --> 00:38:08,730
What it says about you is that you're
sick and you're mean.

606
00:38:09,430 --> 00:38:10,990
It's not what you used to be, Al.

607
00:38:14,090 --> 00:38:15,290
It's what you've become.

608
00:38:26,800 --> 00:38:27,850
Isn't she a pistol?

609
00:38:28,720 --> 00:38:29,920
Al. What?

610
00:38:31,980 --> 00:38:33,030
Don't do it.

611
00:38:33,480 --> 00:38:34,740
Now you're going to start.

612
00:38:34,980 --> 00:38:39,200
There is a line, even in my business,
and I think you're crossing it.

613
00:38:39,700 --> 00:38:43,430
Can she win in court? I think she can. I
think she can also see you for damages.

614
00:38:44,120 --> 00:38:45,620
That's another conversation.

615
00:38:45,740 --> 00:38:48,390
What I'm saying to you right now is that
you're wrong.

616
00:38:49,460 --> 00:38:50,510
I'm out.

617
00:38:50,511 --> 00:38:52,059
Then I'll get another lawyer.

618
00:38:52,060 --> 00:38:55,639
Look, you're wounded, Al. I understand
this. She ripped your insides out. I go

619
00:38:55,640 --> 00:38:59,399
to sleep thinking about her. I wake up
thinking about her. Not one of us who

620
00:38:59,400 --> 00:39:00,450
hasn't been there.

621
00:39:00,451 --> 00:39:04,239
And what am I supposed to do? Just tough
it out? That's exactly what you do. You

622
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.

623
00:39:09,740 --> 00:39:13,480
You just grit your teeth and you wait
for it to pass.

624
00:39:14,280 --> 00:39:15,900
And what makes you think it will?

625
00:39:16,360 --> 00:39:17,500
Because it always does.

626
00:39:19,310 --> 00:39:21,490
You just have to give it time.

627
00:39:22,930 --> 00:39:29,429
On the other hand, if you insist on this
pathetic act of spite, you may very

628
00:39:29,430 --> 00:39:30,570
well never live it down.

629
00:39:45,470 --> 00:39:46,520
Leave it with me.

630
00:39:48,620 --> 00:39:50,300
Messenger it over this afternoon.

631
00:39:54,740 --> 00:39:55,790
Right.

632
00:39:59,540 --> 00:40:00,590
And that'll be that.

633
00:40:20,140 --> 00:40:23,440
Mr. Cusack, the court has decided not to
entertain your rebuttal.

634
00:40:25,800 --> 00:40:30,739
If it pleases the court, I would
respectfully ask... Counsel, it would

635
00:40:30,740 --> 00:40:32,240
the court if you take your seat.

636
00:40:35,380 --> 00:40:39,259
All of us have reviewed the transcripts
on this case with a great deal of

637
00:40:39,260 --> 00:40:44,219
scrutiny, and we unanimously agree that
this was an extremely balanced and close

638
00:40:44,220 --> 00:40:47,620
trial. In fact, it could be argued that
on the record...

639
00:40:48,040 --> 00:40:51,290
The defendant appeared to have
established a reasonable doubt.

640
00:40:51,460 --> 00:40:55,760
The jury obviously found otherwise,
which was certainly within their

641
00:40:56,040 --> 00:41:01,399
But it cannot be disputed that the
prosecutor's ability to establish the

642
00:41:01,400 --> 00:41:06,059
defendant as a liar played an integral
part in her ability to secure a

643
00:41:06,060 --> 00:41:10,639
conviction, and it is likely that the
district attorney never would have been

644
00:41:10,640 --> 00:41:15,279
able to do this had she properly advised
defense counsel of the card she was

645
00:41:15,280 --> 00:41:16,330
holding.

646
00:41:16,360 --> 00:41:19,800
Now it is our custom to go into session
and issue written opinions.

647
00:41:20,780 --> 00:41:25,360
But since our respective positions are
so clearly unanimous in this instance,

648
00:41:25,580 --> 00:41:31,239
and since justice delayed in some cases
amounts to justice denied, we are ruling

649
00:41:31,240 --> 00:41:37,359
now. The surprise DNA evidence
prejudiced the defendant's right to a

650
00:41:37,360 --> 00:41:39,280
under the United States Constitution.

651
00:41:40,720 --> 00:41:44,380
Accordingly, we hereby set aside the
verdict and the death penalty.

652
00:41:45,130 --> 00:41:47,690
and order a new trial to be scheduled
immediately.

653
00:41:48,150 --> 00:41:49,200
Oh, God.

654
00:41:49,310 --> 00:41:50,360
Thank God.

655
00:41:50,930 --> 00:41:53,970
This matter is remanded to Superior
Court for retrial.

656
00:41:54,630 --> 00:41:56,870
Thank you, Mr. Cusack and Miss Flanagan.

657
00:41:57,530 --> 00:41:58,580
We're adjourned.

658
00:42:07,410 --> 00:42:10,030
I know someone we have to call.

659
00:42:21,831 --> 00:42:26,679
What's this I hear about you changing
your mind?

660
00:42:26,680 --> 00:42:30,239
Well, I had a talk with Jonathan, after
which I decided he was right. This firm

661
00:42:30,240 --> 00:42:33,430
should not be representing that client.
For God's sake, Leland.

662
00:42:34,040 --> 00:42:39,319
Anderson Industries could increase our
yearly revenues by almost 35%. I am

663
00:42:39,320 --> 00:42:42,220
of that, Rosalind. I didn't say it was
an easy decision.

664
00:42:42,520 --> 00:42:46,259
Well, you're obviously so prone to
vacillating over this. Let me ask you to

665
00:42:46,260 --> 00:42:47,310
reconsider again.

666
00:42:47,520 --> 00:42:48,980
Nope. The decision is made.

667
00:42:49,260 --> 00:42:50,310
That's the end of it.

668
00:42:52,490 --> 00:42:55,830
This firm has a far bigger problem than
I ever realized.

669
00:42:55,831 --> 00:43:00,169
Well, there'll be other big clients,
Rosalind. I'm not talking about clients

670
00:43:00,170 --> 00:43:02,890
right now. I'm talking about the senior
partner.

671
00:43:02,891 --> 00:43:06,789
I'm talking about somebody who can't
make a hard decision when he needs to

672
00:43:06,790 --> 00:43:09,790
because he's too afraid of risking his
popularity.

673
00:43:10,190 --> 00:43:11,590
What the hell is it with you?

674
00:43:12,110 --> 00:43:14,250
Do you thrive on picking fights?

675
00:43:14,550 --> 00:43:16,470
I thrive because I'm not afraid of them.

676
00:43:17,470 --> 00:43:21,670
This isn't a country club, Leland, where
you get to be the golf pro.

677
00:43:22,210 --> 00:43:26,449
It's a tough business, and any firm, if
it wants to get ahead, needs a strong

678
00:43:26,450 --> 00:43:30,429
leader. I have been running this firm
for 25 years, and I don't need you to

679
00:43:30,430 --> 00:43:33,569
in here and tell me how I... You are
running it into the ground, which is why

680
00:43:33,570 --> 00:43:35,010
you brought me in, to save you.

681
00:43:36,170 --> 00:43:37,970
Well, I can't save you from yourself.

682
00:43:38,970 --> 00:43:43,429
I can't help you if you are going to
exalt your sense of altruism to this

683
00:43:43,430 --> 00:43:47,609
of fiscal blindness. If you're not
happy, Roz, you can leave through the

684
00:43:47,610 --> 00:43:51,470
door you came in. Believe it or not, I
do care about this place.

685
00:43:52,100 --> 00:43:55,000
That's why I came in here fighting right
now. Fine.

686
00:43:55,900 --> 00:43:57,440
Well, this fight you lose.

687
00:43:57,680 --> 00:43:58,730
The decision stands.

688
00:43:58,880 --> 00:44:00,140
We don't take that client.

689
00:44:00,240 --> 00:44:01,290
Are we clear?

690
00:44:01,540 --> 00:44:02,590
Oh, yeah.

691
00:44:04,180 --> 00:44:06,040
It's all becoming very clear.

692
00:44:23,310 --> 00:44:27,290
Criminal complaint number 89 -7053,
People v.

693
00:44:27,510 --> 00:44:28,560
Earl Williams.

694
00:44:29,890 --> 00:44:32,240
Margaret Flanagan for the People, Your
Honor.

695
00:44:32,241 --> 00:44:36,169
As you know, the defendant's conviction
was overturned yesterday by the Supreme

696
00:44:36,170 --> 00:44:37,220
Court of California.

697
00:44:37,790 --> 00:44:41,729
We've refiled our complaint, and the
People ask that a new trial be scheduled

698
00:44:41,730 --> 00:44:42,780
soon as possible.

699
00:44:43,020 --> 00:44:47,019
Michael Kuzak for the defendant.
Petition for leave to file a motion to

700
00:44:47,020 --> 00:44:51,039
the complaint, as well as a motion to
suppress the DNA evidence of the

701
00:44:51,040 --> 00:44:54,880
prosecution. I'll hear your motions next
Tuesday at 10.

702
00:44:55,460 --> 00:44:58,820
Penitent trial date for the first week
in April.

703
00:44:59,160 --> 00:45:00,960
Seek bail modification, Your Honor.

704
00:45:01,360 --> 00:45:02,410
Denied. Same bail.

705
00:45:02,411 --> 00:45:06,059
Your Honor, I'll also be seeking a court
order to instruct the Los Angeles

706
00:45:06,060 --> 00:45:08,460
police to locate and detain Mr. Ronald
Sewell.

707
00:45:08,680 --> 00:45:09,730
Excuse me?

708
00:45:10,040 --> 00:45:13,639
Mr. Sewell, more commonly known as
Pinto, was the man seen leaving the

709
00:45:13,640 --> 00:45:17,819
scene by my witness, Philip Michael
Holden, which witness you found to be

710
00:45:17,820 --> 00:45:21,939
unreliable. Upon information and belief,
Mr. Sewell has recently been seen in

711
00:45:21,940 --> 00:45:25,399
the area, and the interests of justice
would mandate that he be picked up for

712
00:45:25,400 --> 00:45:29,419
questioning. Mr. Sewell is not a
suspect, Your Honor. We're satisfied

713
00:45:29,420 --> 00:45:31,470
man who killed Nina Corey is right
there.

714
00:45:31,880 --> 00:45:34,290
I can't tell the police who to pick up,
Mr. Cusack.

715
00:45:34,560 --> 00:45:36,420
If they don't consider this Mr.

716
00:45:36,920 --> 00:45:40,519
Sewell to be a suspect, I'm certainly
not ordering them to do so. He's

717
00:45:40,520 --> 00:45:43,779
a flight risk, Your Honor. If we don't
pick him up, then... I'm sorry, but

718
00:45:43,780 --> 00:45:45,340
that's not within my authority.

719
00:45:45,700 --> 00:45:47,560
Trial date for the first week of April.

720
00:45:47,800 --> 00:45:50,750
I'll see both of you here next week on
the motion to dismiss.

721
00:45:51,920 --> 00:45:52,970
That's all.

722
00:45:54,951 --> 00:46:00,699
Well, we're back in the running, Earl.
Thank you, Michael.

723
00:46:00,700 --> 00:46:02,020
I've got to see some people.

724
00:46:05,460 --> 00:46:07,320
Obviously, we're very disappointed.

725
00:46:07,400 --> 00:46:10,919
It's a very sad day when a murderer's
conviction is overturned on a

726
00:46:10,920 --> 00:46:15,659
technicality. But I assure the people,
this office is dedicated to keeping Earl

727
00:46:15,660 --> 00:46:16,710
Williams in prison.

728
00:46:17,000 --> 00:46:20,979
It's the Saturday when district
attorneys disregard the laws they were

729
00:46:20,980 --> 00:46:21,799
to uphold.

730
00:46:21,800 --> 00:46:24,599
If there's any public disgust here, it
should be directed at Margaret Flanagan.

731
00:46:24,600 --> 00:46:27,940
You want to try this in the media,
Margaret? So why?

732
00:46:28,340 --> 00:46:30,980
I can play the same game as you.

733
00:46:31,900 --> 00:46:35,360
I have no further comments. I'll see you
in court, Margaret.

734
00:46:35,760 --> 00:46:36,880
No further comments.

735
00:46:39,029 --> 00:46:41,850
Mr. Cusack, I'm Johnny Kale. We spoke on
the phone.

736
00:46:42,110 --> 00:46:44,130
Right. Thanks for meeting me here.

737
00:46:45,710 --> 00:46:49,769
Ronald Sewell, street name Pinto. Last
seen around Olympic Grand, but he could

738
00:46:49,770 --> 00:46:50,820
be anywhere.

739
00:46:50,850 --> 00:46:53,620
I want you to find out where he lives
and search it. Right.

740
00:46:54,370 --> 00:46:56,350
Most of all, I want him.

741
00:46:56,610 --> 00:47:00,770
When you find him, I want you to set up
a meeting.

742
00:47:02,050 --> 00:47:04,790
You're asking us to hold him against his
will, sir?

743
00:47:06,730 --> 00:47:07,780
Absolutely not.

744
00:47:09,940 --> 00:47:11,560
We'll get him for you, counselor.

745
00:47:11,561 --> 00:47:13,009
Good.

746
00:47:13,010 --> 00:47:17,560
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