1 00:00:09,850 --> 00:00:11,583 Power lines? 2 00:00:12,883 --> 00:00:16,550 We said 5000 for discovery, and you're up to 9300. 3 00:00:16,616 --> 00:00:21,483 We're just about done. Last depo tomorrow morning, pre-trial in the afternoon. 4 00:00:21,550 --> 00:00:25,750 - We're basically ready to go. - Who's the expert on liability? 5 00:00:27,783 --> 00:00:31,916 You're basically ready to go and you haven't got any expert testimony to make your case? 6 00:00:31,983 --> 00:00:35,483 I'm meetin' a guy who did the major studies. I think he could help. 7 00:00:35,550 --> 00:00:37,683 Jimmy, why are you doin' this? 8 00:00:37,750 --> 00:00:41,116 I think it's a decent case and-- There's no case. 9 00:00:41,183 --> 00:00:45,883 There's people with cancer to feel sorry for, but there's no case. 10 00:00:52,450 --> 00:00:55,750 Hi. Ten dollars on sixteen. Super. Thanks. 11 00:00:55,816 --> 00:00:57,883 [ Beeping, Ringing ] 12 00:01:07,250 --> 00:01:09,850 [ Inaudible ] 13 00:01:11,850 --> 00:01:15,516 [ Inaudible ] 14 00:01:16,316 --> 00:01:18,750 [ Clicks ] 15 00:01:20,116 --> 00:01:24,583 [ Gasps, Breathing Heavily ] 16 00:01:32,950 --> 00:01:35,516 [ Footsteps ] 17 00:01:50,250 --> 00:01:54,916 Oh, God! [ Gasping ] 18 00:01:54,983 --> 00:01:57,316 [ Dialing ] 19 00:02:08,783 --> 00:02:10,316 [ Line Ringing ] 20 00:02:17,416 --> 00:02:18,883 [ Cell Door Opens, Closes ] 21 00:02:25,050 --> 00:02:29,583 [ Sirens Wailing ] 22 00:02:45,266 --> 00:02:48,599 [ Sirens ] [ Woman On Police Radio ] Robbery in progress. 23 00:02:50,633 --> 00:02:54,966 [ Police Radio, Indistinct ] [ Helicopter Blades Whirring ] 24 00:03:01,066 --> 00:03:03,133 [ Chattering ] [ Siren ] 25 00:03:03,199 --> 00:03:07,799 - Would you recognize him if you saw him again? - Excuse me. Excuse me. 26 00:03:07,866 --> 00:03:10,633 Excuse me. You said he was 20 to 25? 27 00:03:10,699 --> 00:03:14,299 Somethin' like that. Yeah. He was a young guy. Okay. 28 00:03:14,366 --> 00:03:18,066 - Bec? You okay? - Yeah, thanks for coming. 29 00:03:18,133 --> 00:03:21,799 If she's okay with it, we'd appreciate her goin' through the book. 30 00:03:23,699 --> 00:03:26,466 You okay with it, Bec? I mean, lookin' at some mug shots? 31 00:03:26,533 --> 00:03:28,666 Yeah. Sure I am. 32 00:03:32,599 --> 00:03:34,966 Is she okay? She's still a little shook. 33 00:03:35,033 --> 00:03:39,233 She was up all night lookin' at mug shots and couldn't make out anybody. 34 00:03:39,299 --> 00:03:41,566 What's up in there? Jimmy's depo. 35 00:03:41,633 --> 00:03:43,899 Eleanor's in with him. 36 00:03:43,966 --> 00:03:47,866 Did any doctor tell you the cancer came from exposure to power lines? 37 00:03:47,933 --> 00:03:50,033 No, sir. Did any... 38 00:03:50,099 --> 00:03:53,466 trained medical professional say that electromagnetic fields... 39 00:03:53,533 --> 00:03:55,899 could have been a factor? No, sir. 40 00:03:55,966 --> 00:03:59,366 Now, in your interrogatories, you said it was a P.T.A. meeting that quote, 41 00:03:59,433 --> 00:04:01,533 "Gave you the idea." Yes. 42 00:04:01,599 --> 00:04:03,733 Yeah. Could you please describe that P.T.A. meeting? 43 00:04:03,799 --> 00:04:07,466 I was talking to Leslie Dawson and she told me she had melanoma. 44 00:04:07,533 --> 00:04:09,766 She was sharing her secret because, 45 00:04:09,833 --> 00:04:12,699 well, she felt some relief in telling people. 46 00:04:12,766 --> 00:04:17,499 When she told me, I gave her my secret. I had brain cancer. 47 00:04:17,566 --> 00:04:21,499 Okay. And then how did you make the leap that it was caused by power lines? 48 00:04:21,566 --> 00:04:23,999 Object to the form. You can answer. 49 00:04:24,066 --> 00:04:29,099 Well, I had read before that power lines, it was thought... 50 00:04:29,166 --> 00:04:31,133 they could be radioactive. 51 00:04:31,199 --> 00:04:36,633 And a power line field practically ran right through our neighborhood. 52 00:04:36,699 --> 00:04:39,033 So I thought, "Who knows?" 53 00:04:39,099 --> 00:04:41,133 I decided, 54 00:04:41,199 --> 00:04:43,966 hell, I'll just walk around the neighborhood and ask people. 55 00:04:44,033 --> 00:04:47,233 I started with my next-door neighbor Jerry. 56 00:04:47,299 --> 00:04:50,799 Jerry answered the door and said, "Hey, Kevin, what's up?" 57 00:04:50,866 --> 00:04:53,966 I said, "I have brain cancer, what's new with you?" 58 00:04:55,733 --> 00:04:57,633 He, uh, 59 00:04:57,699 --> 00:05:00,466 had a tumor in his head that was inoperable. 60 00:05:00,533 --> 00:05:04,533 He didn't want to tell anybody. And when he did, he just broke down. 61 00:05:06,799 --> 00:05:09,299 Okay, and then what happened? 62 00:05:09,366 --> 00:05:12,666 I remember thinking, "Oh my God. There's cancer all through this neighborhood." 63 00:05:12,733 --> 00:05:15,933 All I wanted to do was rush home and get my wife and kids tested. 64 00:05:15,999 --> 00:05:18,733 I didn't care about his tumor. I didn't have time. 65 00:05:18,799 --> 00:05:21,799 All I could think of was my family. 66 00:05:21,866 --> 00:05:24,499 We all went into the hospital that day, and, uh, 67 00:05:24,566 --> 00:05:26,633 did all the tests. 68 00:05:26,699 --> 00:05:29,733 And the results of those tests were negative? 69 00:05:29,799 --> 00:05:32,733 Oh, yeah. They were negative. 70 00:05:32,799 --> 00:05:36,799 My seven-year-old boy had leukemia. 71 00:05:41,033 --> 00:05:43,766 Um-- 72 00:05:43,833 --> 00:05:47,033 Uh-- 73 00:05:47,099 --> 00:05:50,033 I'm sorry. 74 00:05:50,099 --> 00:05:53,333 Is there-- Is there any reference to this in the pleadings? 75 00:05:53,399 --> 00:05:56,699 - No. - Could you tell me why not? 76 00:05:58,766 --> 00:06:01,699 'Cause when I sat down to tell him that... 77 00:06:01,766 --> 00:06:05,099 he was really sick, he knew he was dying. 78 00:06:09,766 --> 00:06:14,066 He said, "Daddy, please don't tell anybody." 79 00:06:26,699 --> 00:06:29,133 [ Phone Ringing ] You-- 80 00:06:29,199 --> 00:06:31,866 You caught him? We think. 81 00:06:31,933 --> 00:06:34,333 You up to a line-up? 82 00:06:34,399 --> 00:06:36,766 You-- Now? 83 00:06:36,833 --> 00:06:40,733 - Well, I suppose we could wait. - Now is good. 84 00:06:40,799 --> 00:06:45,766 - You sure? - Yeah. Let's go. 85 00:06:45,833 --> 00:06:47,866 Okay. 86 00:06:47,933 --> 00:06:52,033 [ Man ] Go all the way to the left, stand at the marks facing right. 87 00:06:55,133 --> 00:06:59,799 - [ Loud Bang ] - Number one, turn and face forward, please. 88 00:07:04,333 --> 00:07:06,566 Number two, face forward. 89 00:07:22,933 --> 00:07:26,066 That-- That's him. Take your time. Are you sure? 90 00:07:26,133 --> 00:07:28,933 That's him. Am I done? Done. 91 00:07:32,666 --> 00:07:35,166 I understand, Your Honor, but on some occasions... 92 00:07:35,233 --> 00:07:38,399 judges have taken judicial notice of scientific studies. 93 00:07:38,466 --> 00:07:40,733 Yes, well this wouldn't be such an occasion. 94 00:07:40,799 --> 00:07:42,999 Unless he can cross-examine the proponents of the study. 95 00:07:43,066 --> 00:07:46,199 They live in Sweden. We have no way of getting them here. 96 00:07:46,266 --> 00:07:48,266 But that's your problem, not his. 97 00:07:48,333 --> 00:07:50,133 I can't let you put in scientific evidence... 98 00:07:50,199 --> 00:07:52,733 without giving the defense opportunity to take their whacks. 99 00:07:52,799 --> 00:07:55,599 The Swedish study is excluded. What else we got? 100 00:07:55,666 --> 00:07:59,499 The witness list, Your Honor, has not been completed pursuant to your order. 101 00:07:59,566 --> 00:08:01,633 It's completed except for maybe one witness. 102 00:08:01,699 --> 00:08:04,033 There's possibly, maybe, one more we could add. 103 00:08:04,099 --> 00:08:06,333 Other than that, it's-- Are you serious? 104 00:08:06,399 --> 00:08:09,266 The reason for witness lists is so the other side knows what's coming. 105 00:08:09,333 --> 00:08:11,466 I understand, Judge, but so far-- 106 00:08:11,533 --> 00:08:15,299 I'll give you till 10:00 a.m. tomorrow. After that the list is frozen, no additions. 107 00:08:15,366 --> 00:08:17,799 - Anything else? - Yes, Your Honor. I'd like to suggest... 108 00:08:17,866 --> 00:08:21,533 that we bifurcate the trial into two phases-- Liability and damages. 109 00:08:21,599 --> 00:08:23,399 This would save us a couple of weeks, maybe a month. 110 00:08:23,466 --> 00:08:26,333 - I'm inclined to agree. - Your Honor, we strenuously object to that. 111 00:08:26,399 --> 00:08:29,033 - It would completely compromise our case. - I think what counsel fears... 112 00:08:29,099 --> 00:08:31,466 is that it would make clear they have no case. 113 00:08:31,533 --> 00:08:33,366 May I confer with my co-counsel for a second? 114 00:08:33,433 --> 00:08:35,933 Make it quick. 115 00:08:39,199 --> 00:08:42,133 [ Whispering ] If the trial gets split, we're dead. The clients won't get to testify. 116 00:08:42,199 --> 00:08:44,366 Why? Because their stories go to damages, not to liability. 117 00:08:44,433 --> 00:08:47,533 And he doesn't want the jury to hear what we just heard in the deposition, 118 00:08:47,599 --> 00:08:49,599 so he's trying to cut them off. I'm not followin'. 119 00:08:49,666 --> 00:08:51,733 Jimmy, think. If we lose on liability, 120 00:08:51,799 --> 00:08:53,899 then the case is over, we don't even proceed to damages. 121 00:08:53,966 --> 00:08:55,966 And we don't really have a case on liability. 122 00:08:56,033 --> 00:09:00,399 Your Honor, we, uh, vigorously object to splitting the trial. 123 00:09:00,466 --> 00:09:02,366 Well, of course they do, Your Honor. 124 00:09:02,433 --> 00:09:05,333 Because they're planning to use emotion to make up for their lack of evidence. 125 00:09:05,399 --> 00:09:07,799 You don't know what we're doing. Do you? 126 00:09:07,866 --> 00:09:10,533 I have to say, Mr. Berluti, I share Mr. West's concern. 127 00:09:10,599 --> 00:09:14,033 If you are planning to parade a lot of sad, sick, cancer victims before a jury... 128 00:09:14,099 --> 00:09:16,166 without evidence of causation, I won't let you. 129 00:09:16,233 --> 00:09:19,833 Moreover, judicial economy is something I take very seriously. 130 00:09:19,899 --> 00:09:22,033 - I'm granting the defense counsel's request. - Thank you, Your Honor. 131 00:09:22,099 --> 00:09:24,566 I move for an interlocutory appeal immediately. 132 00:09:24,633 --> 00:09:27,799 I'll kick you upstairs and you can do it this afternoon. That should be immediate enough. 133 00:09:27,866 --> 00:09:30,533 But you're not buying any more time on witness lists. 134 00:09:30,599 --> 00:09:32,866 That's frozen. Adjourned. 135 00:09:32,933 --> 00:09:36,533 [ Gavel Raps ] 136 00:09:44,199 --> 00:09:46,399 Jimmy. Get away from me. 137 00:09:46,466 --> 00:09:50,099 Jimmy! Eleanor, get out of my face for a minute. I just need a second. 138 00:09:50,166 --> 00:09:52,399 Which you're not gonna get. 139 00:09:54,033 --> 00:09:59,066 - [ Grunts ] - All right, Jimmy, it is time to shut up and listen. 140 00:09:59,133 --> 00:10:02,299 I don't care if this hurts your feelings, but that was some terrible lawyering in there. 141 00:10:02,366 --> 00:10:05,366 First, even trying to get the Swedish study admitted is stupid. 142 00:10:05,433 --> 00:10:08,099 Of course the judge can't allow it if the defense can't cross-examine. 143 00:10:08,166 --> 00:10:11,366 And even by asking you undermined your credibility, 144 00:10:11,433 --> 00:10:13,766 not to mention you make the case seem that much more desperate. 145 00:10:13,833 --> 00:10:16,999 And, second, where the hell were our clients? 146 00:10:17,066 --> 00:10:19,699 They didn't need to be here, not for a pre-trial conference. 147 00:10:19,766 --> 00:10:22,333 Oh, you think it would have been easy for the judge to slap us... 148 00:10:22,399 --> 00:10:24,599 if he had to see their eyes staring back at him? 149 00:10:24,666 --> 00:10:26,866 Judges are human too, and without our people in the room... 150 00:10:26,933 --> 00:10:29,399 you made it a lot easier for him to be impersonal. 151 00:10:30,833 --> 00:10:33,033 All right, this is what we are gonna do. 152 00:10:33,099 --> 00:10:36,166 You are gonna track down that expert witness, and I'm gonna go find Lindsay. 153 00:10:36,233 --> 00:10:39,999 - Lindsay? Why? - Because if we're gonna have any chance at appeals, 154 00:10:40,066 --> 00:10:43,033 we need our presentation to come from somebody who's got a good reputation. 155 00:10:43,099 --> 00:10:45,033 She's got one. You don't. Come on, let's move. 156 00:10:45,099 --> 00:10:47,099 You'll have time to feel sorry for yourself later. 157 00:10:50,633 --> 00:10:52,933 Yeah, yeah. We need the motion scheduled for a Friday... 158 00:10:52,999 --> 00:10:55,466 'cause I know the Judge likes to go to the Cape on Fridays. 159 00:10:55,533 --> 00:10:59,166 Yes, in the winter, and he grants everything ex parte on Friday's. 160 00:10:59,233 --> 00:11:02,299 Trust me. Schedule it for a Friday and we're home free. 161 00:11:02,366 --> 00:11:04,366 Thank you. Ms. Washington? 162 00:11:04,433 --> 00:11:06,933 Yes? Miguel Moreno. Nice to meet you. 163 00:11:06,999 --> 00:11:10,266 I'm here about my brother Luis, he's in some legal trouble. 164 00:11:10,333 --> 00:11:12,766 What kind of trouble? 165 00:11:12,833 --> 00:11:15,866 Well, you just picked him out of a line-up just a few hours ago. 166 00:11:15,933 --> 00:11:18,266 Now the police think that he killed somebody. 167 00:11:18,333 --> 00:11:20,266 Well, he did kill somebody. 168 00:11:20,333 --> 00:11:24,666 Ms. Washington, I'm sure that you're mistaken. I'm sure I'm not. 169 00:11:24,733 --> 00:11:30,066 [ Scoffs ] Forgive me for interrupting your busy day. 170 00:11:30,133 --> 00:11:33,933 But I would do anything to save my little brother. Is that a threat? 171 00:11:37,533 --> 00:11:39,966 Miguel Moreno. And you would be? 172 00:11:40,033 --> 00:11:43,633 Somebody who you don't want to be makin' threats to. [ Laughs ] 173 00:11:43,699 --> 00:11:47,033 Hey, I'm just asking Ms. Washington... 174 00:11:47,099 --> 00:11:51,299 to think hard about who she points her finger at. 175 00:11:51,366 --> 00:11:53,333 'Cause a wrong decision could be... 176 00:11:53,399 --> 00:11:55,533 a tragedy. 177 00:11:57,633 --> 00:12:02,466 Get out of here. You got any brothers? 178 00:12:02,533 --> 00:12:05,399 [ Whispers ] I said, "Get out." 179 00:12:13,033 --> 00:12:14,933 Let's all be careful. 180 00:12:21,266 --> 00:12:23,433 [ Door Slams ] 181 00:12:36,616 --> 00:12:39,382 It wasn't a direct threat word-wise, but the spirit was there. 182 00:12:39,449 --> 00:12:42,349 Let's run probation on him, see what we can find out. 183 00:12:42,416 --> 00:12:45,449 What were his exact words? He loves his brother. 184 00:12:45,516 --> 00:12:48,082 And when's the probable cause hearing? Tomorrow. 185 00:12:48,149 --> 00:12:51,116 - Where's Lindsay? - Bankruptcy court, all day. 186 00:12:51,182 --> 00:12:53,082 - Damn it. Can we page her? - What's the matter? 187 00:12:53,149 --> 00:12:56,082 Jimmy fell down at the pre-trial. The judge screwed us by splitting the trial, 188 00:12:56,149 --> 00:12:59,882 and now we have to try the case on liability alone first, which we're appealing in 45 minutes. 189 00:12:59,949 --> 00:13:03,682 - Where's Jimmy now? - Trackin' down a witness. We decided we needed evidence. 190 00:13:03,749 --> 00:13:07,082 Listen, can you page Lindsay, tell her we need her at the Courthouse right now? 191 00:13:07,149 --> 00:13:09,116 Hey, are you okay? 192 00:13:09,182 --> 00:13:11,549 - I'm fine. - Okay. 193 00:13:14,682 --> 00:13:18,549 - I'm fine. - [ Dialing ] 194 00:13:18,616 --> 00:13:23,516 [ Chattering ] 195 00:13:33,549 --> 00:13:37,649 [ Chattering ] 196 00:13:42,616 --> 00:13:45,516 Mr. Helms. 197 00:13:47,916 --> 00:13:52,249 James Berluti. Could I, like, talk a second? 198 00:13:52,316 --> 00:13:55,316 I thought I made it clear on the phone. I can't help you. 199 00:13:55,382 --> 00:13:58,349 You made it clear you wouldn't help me. 200 00:13:58,416 --> 00:14:00,549 Could we, like, maybe go for a beer or somethin'? 201 00:14:04,049 --> 00:14:05,982 I'm a drunk. 202 00:14:06,049 --> 00:14:08,549 Yeah. 203 00:14:08,616 --> 00:14:12,616 So you can see, I wouldn't make a very great expert witness, would I? 204 00:14:12,682 --> 00:14:17,049 Well, whether you would or not, you're all I got. 205 00:14:17,116 --> 00:14:20,416 You're the one who did the studies on those power lines in Fairfield. 206 00:14:20,482 --> 00:14:23,416 The studies were dismissed, as was I. 207 00:14:23,482 --> 00:14:25,882 They had to dismiss those studies. 208 00:14:25,949 --> 00:14:29,449 Otherwise they would have been lookin' at a thousand lawsuits, a zillion dollars in damages. 209 00:14:29,516 --> 00:14:32,516 I wouldn't ask, but-- Mr. Berluti. 210 00:14:34,182 --> 00:14:37,816 I spent four months at McLean after a nervous breakdown. 211 00:14:37,882 --> 00:14:41,949 By 5:30 sharp, I am drinking. 212 00:14:42,016 --> 00:14:46,449 Now why the hell would you want to rely on me? 213 00:14:46,516 --> 00:14:48,516 'Cause I'm desperate. 214 00:14:48,582 --> 00:14:51,316 And I got twelve clients with cancer, more desperate than me. 215 00:14:51,382 --> 00:14:54,282 And you actually think that I can change that? 216 00:14:54,349 --> 00:14:56,782 What's to lose? What's to lose? 217 00:14:56,849 --> 00:14:58,816 I'll tell you. 218 00:14:58,882 --> 00:15:02,549 Even though I'm still drinkin', I'm functional again. I got a day job. 219 00:15:02,616 --> 00:15:05,382 I put on clean underwear every day. 220 00:15:05,449 --> 00:15:10,449 I even got a lady who's either crazy about me or just crazy. 221 00:15:10,516 --> 00:15:14,716 I go up on that stand, we both know the score. They're gonna tear me down. 222 00:15:14,782 --> 00:15:18,416 They're not gonna spare any expense. They're gonna rip me apart. 223 00:15:18,482 --> 00:15:21,049 And it's gonna be in the papers for everybody to see. 224 00:15:21,116 --> 00:15:24,816 My lady will read it, my ex will read it as she fights visitation. 225 00:15:24,882 --> 00:15:26,749 My kid will read it. 226 00:15:26,816 --> 00:15:30,349 Now, I got a pretty good status quo goin' here. 227 00:15:30,416 --> 00:15:34,182 That is what I got to lose. 228 00:15:34,249 --> 00:15:36,016 Now, 229 00:15:36,082 --> 00:15:39,682 tell me my throwin' that away is gonna count for somethin' in the end. 230 00:15:44,649 --> 00:15:46,782 We could send some officers to warn the guy. 231 00:15:46,849 --> 00:15:49,616 But he hasn't said anything we could actually arrest him for. 232 00:15:49,682 --> 00:15:53,549 You see his rap sheet, Helen? Look, I'd love to take this dirtbag off the street. 233 00:15:53,616 --> 00:15:57,616 We lost him two years ago on a homicide because the confession was coerced. 234 00:15:57,682 --> 00:16:00,916 I mean, we knew he shot a policeman, we just couldn't prove it, even though-- 235 00:16:00,982 --> 00:16:02,249 Exactly. The guy's a killer. 236 00:16:02,316 --> 00:16:04,549 Now he has made a deadly threat. 237 00:16:04,616 --> 00:16:07,582 I don't care how well he's disguised it, we gotta do something to protect her. 238 00:16:07,649 --> 00:16:11,149 If she wants a police escort, I could arrange it for a few days. 239 00:16:11,216 --> 00:16:15,582 - But beyond that-- - Okay, what if Rebecca doesn't testify at the P.C. hearing? 240 00:16:15,649 --> 00:16:20,149 Not good. They haven't found the weapon yet, he didn't test positive for residue. 241 00:16:20,216 --> 00:16:23,416 Because he had gloves. Which also haven't been found. 242 00:16:23,482 --> 00:16:26,382 The whole case right now is Rebecca. 243 00:16:26,449 --> 00:16:31,249 If she doesn't testify, from what I hear, we may not make probable cause. 244 00:16:34,749 --> 00:16:37,916 Where is she? They're comin' in. The elevator. Yeah, right. 245 00:16:37,982 --> 00:16:40,882 Judicial economy was the main argument. There was no transcript. 246 00:16:40,949 --> 00:16:44,116 It was all about time-- Saving time. [ Bailiff ] All rise. 247 00:16:45,549 --> 00:16:47,549 Yes. And don't forget, there wasn't any notice. 248 00:16:47,616 --> 00:16:49,782 He just sprang it. 249 00:16:49,849 --> 00:16:52,282 All right. Maybe you should do it. 250 00:16:52,349 --> 00:16:55,916 Unfortunately, my reputation isn't too much better than yours with two of these judges. 251 00:16:55,982 --> 00:16:59,016 - We're better off with Lindsay. I'll fill in the gaps. - [ Bailiff ] Be seated. 252 00:16:59,082 --> 00:17:03,516 Okay. The issue, hot off the press, it seems, is the splitting of the trial. 253 00:17:03,582 --> 00:17:07,782 Yes. Your Honors, we feel, as indeed did Judge Walsh, 254 00:17:07,849 --> 00:17:10,882 that an enormous amount of court time would be spent on damages, 255 00:17:10,949 --> 00:17:13,049 considering there are multiple plaintiffs. 256 00:17:13,116 --> 00:17:16,116 So, why not answer the liability question first? 257 00:17:16,182 --> 00:17:20,316 That's a nice premise, but it's all based on the assumption that we lose on liability. 258 00:17:20,382 --> 00:17:23,916 If we win, you'll end up spending more time. You'd ask the jury to deliberate twice, 259 00:17:23,982 --> 00:17:27,416 you'd also probably be duplicating some of the testimony. 260 00:17:27,482 --> 00:17:29,716 That goes against judicial economy. 261 00:17:29,782 --> 00:17:32,916 If and only if you prevail on liability, which given the evidence seems highly unlikely-- 262 00:17:32,982 --> 00:17:35,282 The reason they want the trial split is simple. 263 00:17:35,349 --> 00:17:37,349 We had a deposition this morning. 264 00:17:37,416 --> 00:17:40,749 One of our plaintiffs talked about his son having leukemia. 265 00:17:40,816 --> 00:17:42,949 It was emotional. It was powerful. 266 00:17:43,016 --> 00:17:45,982 And when it was over, Mr. West said to himself, 267 00:17:46,049 --> 00:17:48,916 "We cannot let that witness ever take the stand. 268 00:17:48,982 --> 00:17:51,649 We cannot let a jury hear what we just heard." 269 00:17:51,716 --> 00:17:54,949 So how does he accomplish that? By splitting the trial in two. 270 00:17:55,016 --> 00:17:56,816 And I must say it seems to make sense. 271 00:17:56,882 --> 00:18:00,549 Liability should be decided on fact, counsel, not emotion. 272 00:18:00,616 --> 00:18:03,082 [ Lindsay ] And we trust a jury to distinguish between the two. 273 00:18:03,149 --> 00:18:06,049 The whole essence of a jury trial, Your Honor, is-- Oh, dear! Oh, dear! 274 00:18:06,116 --> 00:18:08,649 Now here comes her Constitutional repertoire, you see? 275 00:18:08,716 --> 00:18:12,082 Did you bring your flag today? Since you raise it, what about notice? 276 00:18:12,149 --> 00:18:14,382 He didn't file any motion to split this trial. 277 00:18:14,449 --> 00:18:17,416 He suddenly raised it as a suggestion, and the court granted it. 278 00:18:17,482 --> 00:18:20,482 If we're really interested in saving time, please. 279 00:18:20,549 --> 00:18:23,282 That ruling almost guarantees us an appeal. 280 00:18:23,349 --> 00:18:26,749 Now it's you assuming your own defeat. 281 00:18:26,816 --> 00:18:31,416 Win or lose, my clients should get their day in court. Trial splitting is to prevent that. 282 00:18:31,482 --> 00:18:34,582 They're trying to keep our clients out of the witness chair. 283 00:18:34,649 --> 00:18:38,649 But your clients will get to testify if you satisfy causation, counsel. 284 00:18:38,716 --> 00:18:42,282 The science part of this case is gonna be dry and God-awful boring. 285 00:18:42,349 --> 00:18:45,349 Stodgy excruciating expert testimony. 286 00:18:45,416 --> 00:18:50,616 By splitting the trial into two sections, you're giving the jury the option of getting out early. 287 00:18:50,682 --> 00:18:56,116 All they'll have to do is just say, "No," on liability and they get to go home. 288 00:18:56,182 --> 00:19:00,582 My clients will not get a fair trial by splitting this trial. 289 00:19:00,649 --> 00:19:03,849 Your clients have no case. 290 00:19:03,916 --> 00:19:07,382 All right. We've heard the arguments. We'll let you know end of business. 291 00:19:11,282 --> 00:19:13,016 [ Elevator bell dings ] 292 00:19:17,049 --> 00:19:19,782 Thank you. I don't know, Jimmy. 293 00:19:19,849 --> 00:19:21,749 You were amazing. You were. 294 00:19:21,816 --> 00:19:25,049 So, how'd it go with the witness? I don't know. 295 00:19:25,116 --> 00:19:26,882 Maybe I should get you to talk to him. 296 00:19:26,949 --> 00:19:30,116 Just try to get an offer, Jimmy. Anything. 297 00:19:30,982 --> 00:19:33,116 [ Sighs ] 298 00:19:33,182 --> 00:19:37,482 What I'm about to say is inconsistent with everything I've ever stood for. 299 00:19:37,549 --> 00:19:42,449 Bobby. You're the most inconsistent person I know. 300 00:19:42,516 --> 00:19:44,949 I'm never sure exactly what you stand for. 301 00:19:45,016 --> 00:19:48,516 Oh. Well, in that case, let me continue to expand. 302 00:19:51,349 --> 00:19:55,049 I don't think you should I.D. the guy at the probable cause hearing. 303 00:19:55,116 --> 00:20:00,016 - Are you serious? - I don't think the police can protect you against this guy. 304 00:20:00,082 --> 00:20:02,049 He's got two aggravated assaults, 305 00:20:02,116 --> 00:20:04,382 they know he committed one murder, the case got tossed. 306 00:20:04,449 --> 00:20:07,149 They suspect him on two others they can't prove. He's a psycho. 307 00:20:07,216 --> 00:20:10,249 He might very well carry through on his threat. 308 00:20:10,316 --> 00:20:12,249 What-- What are you suggesting I let this guy win? 309 00:20:12,316 --> 00:20:14,682 I-- I know it sends a terrible message, and there's... 310 00:20:14,749 --> 00:20:18,616 and there's ten reasons for you not to let him win. 311 00:20:18,682 --> 00:20:21,182 But, Bec, 312 00:20:21,249 --> 00:20:26,116 I'm sitting here looking you in the eye and I'm tellin' you... 313 00:20:26,182 --> 00:20:29,282 your life could be at stake. 314 00:20:37,582 --> 00:20:42,916 Listen. I'm, uh-- I'm sorry I sort of lost it with you. 315 00:20:42,982 --> 00:20:46,849 You didn't lose it. I lost it. 316 00:20:46,916 --> 00:20:49,549 Jimmy, you were great at the summary judgment. I think-- 317 00:20:49,616 --> 00:20:54,282 Hey, Eleanor, do me a favor? What you said this morning didn't insult me. 318 00:20:54,349 --> 00:20:58,616 Don't insult me now. I know what I am. 319 00:20:58,682 --> 00:21:01,082 I'm 37 years old, I got... 320 00:21:01,149 --> 00:21:03,949 700 bucks to my name. 321 00:21:04,016 --> 00:21:05,949 I was hired here as a charity project, 322 00:21:06,016 --> 00:21:10,716 and this case is a big bone for me to chew on. 323 00:21:10,782 --> 00:21:12,816 I'm a failure. I got it. 324 00:21:12,882 --> 00:21:16,816 Jimmy, you're stayin' up half the night fighting for sick people... 325 00:21:16,882 --> 00:21:19,382 who've got nobody else to fight for them. 326 00:21:19,449 --> 00:21:22,149 You're spendin' some of your own money too. You think you're foolin' us? 327 00:21:31,816 --> 00:21:33,682 I've known bigger failures. 328 00:21:52,240 --> 00:21:54,474 [ Sighs ] You're here early. 329 00:21:54,540 --> 00:21:56,807 Yeah. A lot to do. 330 00:21:56,874 --> 00:21:59,374 Yup. 331 00:21:59,440 --> 00:22:02,940 [ Sighs ] Rebecca, I know Bobby spoke to you. 332 00:22:03,007 --> 00:22:05,774 And I know better than to try to convince you of anything, 333 00:22:05,840 --> 00:22:09,107 and I don't even know what you're plannin' to do, but for my money, 334 00:22:09,174 --> 00:22:12,140 you gotta give this probable cause hearing some serious thought. 335 00:22:12,207 --> 00:22:14,274 Eugene, the guy committed murder, and I'm the only witness. 336 00:22:14,340 --> 00:22:17,307 - I know this. - You want me to pretend I didn't see anything? 337 00:22:17,374 --> 00:22:20,107 The big picture, no. Lookin' only at you-- 338 00:22:26,440 --> 00:22:28,974 - Morning. - Morning. 339 00:22:29,040 --> 00:22:31,507 Hey, Jimmy. 340 00:22:31,574 --> 00:22:33,774 Oh, um, Jimmy, 341 00:22:33,840 --> 00:22:36,307 this came for you from the clerk's office at appeals last night. 342 00:22:36,374 --> 00:22:40,674 - What? - I didn't open it. 343 00:22:40,740 --> 00:22:44,840 I-- It was late, so-- Do you want me to open it? 344 00:22:54,307 --> 00:22:56,374 The power lines. 345 00:22:56,440 --> 00:23:00,607 Uh, it may just be a notice of appearance, Jimmy, it's not necessarily their ruling. 346 00:23:00,674 --> 00:23:05,107 It's the ruling. Whether we have to split the trial or not, 347 00:23:05,174 --> 00:23:07,374 the answer's right here. 348 00:23:07,440 --> 00:23:10,807 Well, maybe you should open it. 349 00:23:11,874 --> 00:23:13,974 Here. 350 00:23:37,774 --> 00:23:40,274 "The decision of the trial court is hereby reversed. 351 00:23:40,340 --> 00:23:43,874 Liability and damage phases shall be consolidated." No split. 352 00:23:43,940 --> 00:23:46,574 - Ah. - [ Sighs ] 353 00:23:47,674 --> 00:23:52,274 - Morning. - Morning. 354 00:23:52,340 --> 00:23:54,640 [ Gasps, Laughs ] 355 00:23:54,707 --> 00:23:56,874 Basically, we'll run through the event. 356 00:23:56,940 --> 00:24:00,040 I'll ask you about the line-up, and I'll ask you to I.D. him in the room. 357 00:24:00,107 --> 00:24:01,974 Got it. You ready? 358 00:24:02,040 --> 00:24:04,907 Ready. I know you've been threatened. Thank you for doing this. 359 00:24:04,974 --> 00:24:08,674 - "Thanks?" Is that all? - We could put a squad car in front of her house. 360 00:24:08,740 --> 00:24:11,974 You know these things usually end up being empty threats. 361 00:24:12,040 --> 00:24:14,140 They're usually made by people who never follow through. 362 00:24:14,207 --> 00:24:17,774 - We're not dealing with such a person here. - What do you want me to say? 363 00:24:17,840 --> 00:24:19,974 It's what you're not saying that's talking the loudest. 364 00:24:23,574 --> 00:24:26,007 We'll be ready to start in about 20 minutes. 365 00:24:28,174 --> 00:24:30,607 Rebecca. 366 00:24:30,674 --> 00:24:33,207 In organized crime, there's a certain code. 367 00:24:33,274 --> 00:24:37,307 With gangs there is no code. They just kill to kill. They don't even think about it. 368 00:24:37,374 --> 00:24:40,374 And this guy, his brother? He is a psycho. 369 00:24:51,807 --> 00:24:57,440 - Who are we kiddin'? - No. I think she heard it that time. 370 00:25:00,707 --> 00:25:02,674 Good morning. My name is Joel Helms, 371 00:25:02,740 --> 00:25:05,240 and I'd like to talk to you about some exciting news... 372 00:25:05,307 --> 00:25:09,107 with respect to long-distance telephone service. [ Man ] Gee, now's a bad time. 373 00:25:09,174 --> 00:25:12,474 Can you give me your home number and I'll be sure to call you back? 374 00:25:18,874 --> 00:25:22,674 Go away. Yesterday you asked me to look at you. 375 00:25:22,740 --> 00:25:26,307 I did. And I thought about you last night. 376 00:25:26,374 --> 00:25:29,840 You reminded me a little of me, esteem-wise. 377 00:25:29,907 --> 00:25:33,674 The difference is, I haven't given up. You have. 378 00:25:33,740 --> 00:25:36,107 Lean in a little closer. 379 00:25:38,240 --> 00:25:42,574 I got all the Tony Robbins tapes. If he couldn't do it, I don't like your odds. 380 00:25:42,640 --> 00:25:47,040 You did all those studies. I'm offerin' you a chance to make good on 'em. 381 00:25:47,107 --> 00:25:50,840 Jingle-jingle, and I suppose you get your wings after. 382 00:25:54,807 --> 00:25:59,074 Next time you visit your kid, Mr. Helms, you can tell him, 383 00:25:59,140 --> 00:26:02,474 "I'm tryin' to stop the government from killing people." 384 00:26:02,540 --> 00:26:04,707 Or you could tell him, 385 00:26:04,774 --> 00:26:07,507 "I got somebody to change their long-distance company today." 386 00:26:07,574 --> 00:26:11,107 Your choice. 387 00:26:18,907 --> 00:26:21,374 [ Prosecutor ] And after the shots, you did what? 388 00:26:21,440 --> 00:26:26,574 I saw the man shooting the gun, I ran behind my car for cover. 389 00:26:26,640 --> 00:26:28,640 [ Prosecutor ] Now, the man doing the shooting, 390 00:26:28,707 --> 00:26:30,940 he was the same man you saw inside the store? 391 00:26:31,007 --> 00:26:34,474 Yes. Did you have opportunity to see this man again? 392 00:26:34,540 --> 00:26:36,440 Yes, at the-- At the police station. 393 00:26:36,507 --> 00:26:38,574 In a line-up? Yes. 394 00:26:38,640 --> 00:26:41,774 Did the man that you identified in this line-up, 395 00:26:41,840 --> 00:26:46,140 was he the same man that you saw inside the store? 396 00:26:46,207 --> 00:26:50,807 - Yes. - The same man who shot the attendant? 397 00:26:50,874 --> 00:26:53,940 [ Clears Throat ] Yes. Ms. Washington, 398 00:26:54,007 --> 00:26:57,574 do you see that man in this room today? 399 00:27:08,140 --> 00:27:10,507 Yes. 400 00:27:10,574 --> 00:27:13,574 Could you identify him for the court? 401 00:27:17,407 --> 00:27:23,074 Ms. Washington, could you please point at the man if you see him in this room. 402 00:27:29,640 --> 00:27:33,574 - Him. - You're sure? 403 00:27:33,640 --> 00:27:38,440 - I'm sure. - Is there any possibility in your mind... 404 00:27:38,507 --> 00:27:42,740 that the defendant sitting here today is not the man who shot and killed the attendant? 405 00:27:42,807 --> 00:27:46,474 No. That's the guy that did it. 406 00:27:46,540 --> 00:27:49,207 [ Prosecutor ] Thank you. That's all. 407 00:27:49,274 --> 00:27:53,707 - Counsel? - Nothing, Judge. 408 00:27:53,774 --> 00:27:56,274 Ms. Ward? That's it, Your Honor. 409 00:27:56,340 --> 00:28:00,607 I'm finding probable cause. Defendant is bound over. Next case. 410 00:28:00,674 --> 00:28:03,574 - [ Gavel Raps ] - [ Chatter ] 411 00:28:05,507 --> 00:28:09,274 [ Chattering ] 412 00:28:09,340 --> 00:28:11,640 [ Man ] Excuse me. 413 00:28:11,707 --> 00:28:14,907 You're one of them honorable women, I guess, huh? 414 00:28:14,974 --> 00:28:17,674 - You're standin' in our way. - Like that Shakespeare character, Brutus. 415 00:28:17,740 --> 00:28:20,940 "Brutus was an honorable man." Isn't that how it went? 416 00:28:21,007 --> 00:28:24,474 - I'm not gonna ask you to move again. - What happened to Brutus, huh? 417 00:28:24,540 --> 00:28:27,307 Hey, hey, come on! Eugene! 418 00:28:27,374 --> 00:28:30,274 - Come on! Eugene! Come on! - Break it up! 419 00:28:30,340 --> 00:28:33,440 Come on! Come on! 420 00:28:33,507 --> 00:28:36,740 - I know where you live too. - Oh, yeah! Go there first, you hear? 421 00:28:36,807 --> 00:28:40,807 - Come on! - Take him to my office, please. 422 00:28:40,874 --> 00:28:43,207 You can't take me into custody, that's custodial. 423 00:28:43,274 --> 00:28:47,440 I know the law, lady, you have to make an arrest. You cannot just take me away. 424 00:28:50,007 --> 00:28:54,007 Arrest him, cuff him, read him his rights, then take him to my office. 425 00:28:54,074 --> 00:28:56,140 [ Grunts ] 426 00:28:56,207 --> 00:28:58,340 [ Officer ] You have the right to remain silent. 427 00:28:58,407 --> 00:29:01,740 Anything you say can and will be used against you in a court of law. 428 00:29:01,807 --> 00:29:05,374 Did he say yes? No, but I'm wearin' him down. 429 00:29:05,440 --> 00:29:07,407 I put him on the witness list, just in case. 430 00:29:07,474 --> 00:29:09,840 I see. And who is this Tufts professor? 431 00:29:09,907 --> 00:29:12,907 Oh, some epidemiologist who kinda supported Helms' study. 432 00:29:12,974 --> 00:29:16,040 - And he'll testify? - Says he won't, but I'll work on him, too. 433 00:29:16,107 --> 00:29:18,540 You can't put these guys on the list if they're not gonna testify. 434 00:29:18,607 --> 00:29:22,107 I don't know for that they won't, but if I don't put them on, I can't use them. 435 00:29:22,174 --> 00:29:25,107 - What did West want? - I don't know, he said he wanted to talk. 436 00:29:25,174 --> 00:29:28,107 Maybe he's gonna offer us something. Hey, lookin' up can help that. 437 00:29:28,174 --> 00:29:32,907 Oh, Your Honor. Hello. My fault. 438 00:29:32,974 --> 00:29:35,774 I'm told you prevailed at appeals. Yeah. 439 00:29:35,840 --> 00:29:38,340 And I just filed our witness list. We're all set. 440 00:29:38,407 --> 00:29:41,307 Don't be trying to make liability with tears, Mr. Berluti. 441 00:29:41,374 --> 00:29:43,340 That's a friendly warning. 442 00:29:43,407 --> 00:29:47,407 Yeah, you've been so friendly my cockles are overheating. Jimmy. 443 00:29:47,474 --> 00:29:50,474 Ready for trial, Judge. 444 00:29:50,540 --> 00:29:54,607 [ Door Opens ] 445 00:29:54,674 --> 00:29:57,607 Your threats are on record, Miguel. 446 00:29:57,674 --> 00:29:59,840 I may not have enough to hold you, 447 00:29:59,907 --> 00:30:02,107 but if Rebecca Washington catches a cold, I'll send the boys. 448 00:30:04,307 --> 00:30:07,207 Look at me now or you go to lock-up. 449 00:30:07,274 --> 00:30:10,407 - For what? - For fun. Mine. 450 00:30:10,474 --> 00:30:12,307 You don't go near her. You don't talk to her. 451 00:30:12,374 --> 00:30:15,507 Even breathe in her direction, and I'll book you on assault. 452 00:30:15,574 --> 00:30:18,707 And if you think I'm kidding, you're every bit as stupid as you look. 453 00:30:20,840 --> 00:30:25,474 - You want my home address now? - [ Laughs ] 454 00:30:25,540 --> 00:30:27,707 Uncuff him and get him out of here. 455 00:30:29,407 --> 00:30:31,840 [ Handcuffs Rattling ] 456 00:30:31,907 --> 00:30:34,107 [ Sighs ] 457 00:30:35,707 --> 00:30:40,540 She wasn't cross-examined up there, was she? 458 00:30:48,174 --> 00:30:51,840 So what does that mean, "She wasn't cross-examined"? 459 00:30:54,174 --> 00:30:57,474 It means if anything should happen to you between now and the trial, 460 00:30:57,540 --> 00:31:02,707 the D.A. wouldn't be able to use today's testimony as evidence against Moreno. 461 00:31:02,774 --> 00:31:05,074 What are you talking about? 462 00:31:05,140 --> 00:31:09,707 Prior testimony isn't admissible unless it was subject to cross-examination. 463 00:31:09,774 --> 00:31:14,174 You'd have to testify at the trial to put Luis Moreno away. 464 00:31:14,240 --> 00:31:17,040 If you weren't available to testify, 465 00:31:17,107 --> 00:31:20,107 it's not like we could substitute today's testimony. 466 00:31:21,640 --> 00:31:24,874 Because I wasn't cross-examined. 467 00:31:24,940 --> 00:31:28,374 Basically. 468 00:31:28,440 --> 00:31:30,574 Is that why I wasn't cross-examined? 469 00:31:30,640 --> 00:31:36,107 So if I show up dead, my testimony doesn't count? 470 00:31:37,707 --> 00:31:41,107 I can't prove that. But usually, 471 00:31:41,174 --> 00:31:44,407 defense attorneys cross-examine forever at probable cause hearings. 472 00:31:44,474 --> 00:31:46,407 It's free discovery. 473 00:31:46,474 --> 00:31:51,907 Rebecca, I'm going to assign a unit to stay with you, okay? Oh, come on. 474 00:31:51,974 --> 00:31:55,807 They'll park outside your house, your office, and take you back and forth. 475 00:31:56,974 --> 00:31:59,440 [ Door Opens, Closes ] 476 00:32:08,840 --> 00:32:11,773 All right, here we are. On the doorstep. 477 00:32:11,840 --> 00:32:13,873 Now, you have 11 named plaintiffs, including children, 478 00:32:13,940 --> 00:32:16,506 so let's assume the court allows you to add the other two, 479 00:32:16,573 --> 00:32:18,706 that brings the number to 13. 480 00:32:18,773 --> 00:32:21,673 Now, we've run the numbers-- Time, expert testimony, costs-- 481 00:32:21,740 --> 00:32:26,073 We put a figure of $496,000 on the trial. 482 00:32:26,140 --> 00:32:29,073 [ Sighs ] Boston Power, obviously, isn't gonna be thrilled with that. 483 00:32:29,140 --> 00:32:32,173 Shave off a hundred, I think I can make 'em bite. 484 00:32:32,240 --> 00:32:36,540 That's three-nine-six. That's $30,000 per plaintiff. 485 00:32:37,940 --> 00:32:39,273 No admission of any liability. 486 00:32:39,340 --> 00:32:42,040 And the settlement is to stay sealed... 487 00:32:42,106 --> 00:32:44,840 with the exception that you put out a release to the effect that, 488 00:32:44,906 --> 00:32:47,740 "Well, we thought it would be best to settle since we couldn't prove causation." 489 00:32:47,806 --> 00:32:52,040 So in other words, you'll give us the money if we acknowledge we had no case. 490 00:32:52,106 --> 00:32:54,206 That's it. 491 00:32:54,273 --> 00:32:57,740 Thirty's low for cancer, especially since two of the plaintiffs are terminal. 492 00:32:57,806 --> 00:33:01,373 Low, but realistic under the circumstances. I don't disagree. 493 00:33:01,440 --> 00:33:05,206 But for cancer and silence-- Silence is much more expensive. 494 00:33:05,273 --> 00:33:07,440 You have a number? I would at least double it. 495 00:33:07,506 --> 00:33:09,673 Add to that our press release that we had no case, 496 00:33:09,740 --> 00:33:11,706 that's a pretty big chip, we all know that. 497 00:33:11,773 --> 00:33:14,206 And that helps send a message to those would-be plaintiffs out there... 498 00:33:14,273 --> 00:33:17,673 "Hey, you'd better forget about it." So, let's just say conservatively, 499 00:33:17,740 --> 00:33:21,773 it prevents three future lawsuits-- and that is conservative-- 500 00:33:21,840 --> 00:33:25,240 and let's put a price tag of 400,000 on each one of those trials-- 501 00:33:25,306 --> 00:33:28,806 No, no, no. Come on. It wouldn't be that much. The start-up work is done. 502 00:33:28,873 --> 00:33:32,106 I discounted that already. You got a number close to five for the trial alone. 503 00:33:32,173 --> 00:33:35,306 I'm putting four on the whole thing, start-up included, discovery included. Four's low. 504 00:33:35,373 --> 00:33:38,273 It's three trials at four. It's 1.2 million. 505 00:33:38,340 --> 00:33:40,506 Mm-hmm. That would be our number. 506 00:33:40,573 --> 00:33:42,873 Well, I'm telling you, they won't pay that much. 507 00:33:42,940 --> 00:33:46,073 I mean, they have no real fear of losing, so why should they? 508 00:33:46,140 --> 00:33:48,840 They certainly have a fear of being sued. This press release would be gold. 509 00:33:48,906 --> 00:33:51,740 Well, from a major firm, maybe. But from this one, I-- I don't know. 510 00:33:54,940 --> 00:33:58,273 This is the firm that took a tobacco company for one-seven. 511 00:33:58,340 --> 00:34:00,673 You've been underestimating us from the start, Mr. West. 512 00:34:00,740 --> 00:34:02,773 Are you sure you want to keep doing that? 513 00:34:11,040 --> 00:34:14,540 Bec. Could you contact all the clients and see if they can come in? 514 00:34:14,606 --> 00:34:17,440 - We may have an offer. - You're kidding? 515 00:34:17,506 --> 00:34:21,006 Nothin' official yet, but by the time he leaves, we'll have a number. 516 00:34:21,073 --> 00:34:25,940 - Jimmy. - Yeah. I know. 517 00:34:26,006 --> 00:34:28,506 [ Gasps ] 518 00:34:31,673 --> 00:34:34,506 What? 519 00:34:37,040 --> 00:34:40,406 Dead pigeon. 520 00:34:40,473 --> 00:34:43,773 How could he have gotten in here? 521 00:34:45,773 --> 00:34:47,973 Okay. Okay, what? 522 00:34:48,040 --> 00:34:49,973 Go, Bobby. Leave. Helen-- 523 00:34:50,040 --> 00:34:53,406 Two cops are on their way to my office. I don't want them thinking this is a favor. 524 00:34:53,473 --> 00:34:55,473 Remember, you're off the Christmas card list. 525 00:34:56,773 --> 00:34:59,640 - They're here. - Oh, great. 526 00:35:00,906 --> 00:35:03,540 Stay here. 527 00:35:04,940 --> 00:35:07,406 [ Door Slams ] 528 00:35:07,473 --> 00:35:11,040 He's killed before. We also suspect him in a police shooting, 529 00:35:11,106 --> 00:35:13,873 the one that paralyzed Officer Camden. 530 00:35:13,940 --> 00:35:15,806 What do you want us to do? 531 00:35:15,873 --> 00:35:19,706 Here's his home address. Follow him. If he jaywalks, bust him. 532 00:35:19,773 --> 00:35:21,773 Now, we're told he carries. 533 00:35:21,840 --> 00:35:25,840 So, you'll have to use your judgment. Am I clear? 534 00:35:25,906 --> 00:35:28,806 Yep. Thanks. 535 00:35:28,873 --> 00:35:31,973 I'll owe you one. 536 00:35:32,040 --> 00:35:35,573 We are very excited. Very. 537 00:35:35,640 --> 00:35:41,340 They've offered us a package of $995,000. 538 00:35:41,406 --> 00:35:43,740 [ Sighs ] That's almost a million dollars. 539 00:35:43,806 --> 00:35:45,973 We consider it fantastic. 540 00:35:46,040 --> 00:35:49,440 We still think we can wiggle it up over a million, but that's pretty much the ballpark. 541 00:35:49,506 --> 00:35:52,240 That comes to roughly $76,000 per person. 542 00:35:52,306 --> 00:35:55,440 It's a structured deal, which means it's not all payable up front, 543 00:35:55,506 --> 00:35:58,006 but it's all payable within six months. 544 00:35:58,073 --> 00:36:01,106 This is unbelievable. Last week they offered nothing. 545 00:36:01,173 --> 00:36:05,406 The cost of an actual trial and with the slightest possibility they could lose-- 546 00:36:05,473 --> 00:36:09,073 Kevin, I think your deposition put the fear of God in them. 547 00:36:09,140 --> 00:36:13,540 Zero to a million in a week. Let's string it out another week. 548 00:36:13,606 --> 00:36:16,840 - [ Laughter ] - Okay, now for a few of the conditions. 549 00:36:16,906 --> 00:36:21,073 The deal has to be sealed. We can't talk about amount. They don't admit liability. 550 00:36:21,140 --> 00:36:24,440 And we have to sign a statement saying that we didn't go to trial... 551 00:36:24,506 --> 00:36:26,740 because of the causation problems in our case. 552 00:36:26,806 --> 00:36:29,640 These are all pretty reasonable concessions in my opinion. 553 00:36:39,206 --> 00:36:41,906 They don't admit they were wrong? 554 00:36:41,973 --> 00:36:45,240 No. 555 00:36:45,306 --> 00:36:48,306 Wasn't that sort of the... point? 556 00:36:50,040 --> 00:36:52,740 May I ask something? Sure. 557 00:36:52,806 --> 00:36:56,040 This contingency agreement, you take one third, right? 558 00:36:56,106 --> 00:36:58,140 Yes. Plus costs. 559 00:36:58,206 --> 00:37:02,306 Nine-ninety-five, uh, minus 330-something, 560 00:37:02,373 --> 00:37:05,006 we basically get 51,000, not 75. 561 00:37:05,073 --> 00:37:06,840 Something like that, yeah. Mm-hmm. 562 00:37:06,906 --> 00:37:09,506 And they don't have to admit they did anything wrong. 563 00:37:09,573 --> 00:37:14,373 And we have to make a statement saying we can't prove our case. 564 00:37:14,440 --> 00:37:17,206 I mean, that's what, like, uh, 565 00:37:17,273 --> 00:37:21,040 sending out a message to everybody else, "Don't sue, you can't win," right? 566 00:37:21,106 --> 00:37:23,506 Well, that's one way of putting it, yes. 567 00:37:23,573 --> 00:37:27,940 And you get $330,000. Would that be another way to put it? 568 00:37:28,006 --> 00:37:30,373 I beg your pardon? 569 00:37:30,440 --> 00:37:35,306 I'll only speak for myself here. I think this deal stinks. 570 00:37:35,373 --> 00:37:39,173 In fact, I think it's offensive. 571 00:37:39,240 --> 00:37:44,440 When we came to you, did we say anything about money, Mr. Berluti? 572 00:37:44,506 --> 00:37:47,440 Every lawsuit is about money, Maureen. Not to me. 573 00:37:47,506 --> 00:37:50,840 And I don't think to the other people in this room. 574 00:37:50,906 --> 00:37:53,840 We're dying, Ms. Frutt. 575 00:37:53,906 --> 00:37:57,273 My daughter has a tumor in her uterus. She's nine. 576 00:38:00,773 --> 00:38:04,340 If, uh, one person rejects the offer, it's revoked for all. 577 00:38:04,406 --> 00:38:08,773 - I reject it. - So do I. - So do I. 578 00:38:08,840 --> 00:38:12,740 [ Sighs ] You two are the only ones who win with this deal. 579 00:38:12,806 --> 00:38:17,073 You make me sick. Hey. Please. 580 00:38:17,140 --> 00:38:21,106 Sit down, Maureen. 581 00:38:21,173 --> 00:38:25,673 Now, I suppose it's politically incorrect to call cancer victims a bunch of whiners. 582 00:38:25,740 --> 00:38:27,673 But let's 'fess up. 583 00:38:27,740 --> 00:38:30,706 No other lawyer would touch this case because it's the case that stinks. 584 00:38:30,773 --> 00:38:34,540 Did those power lines give you cancer? My bet is yes. 585 00:38:34,606 --> 00:38:38,673 Can we prove it in a court of law? My bet there is a resounding, "No." 586 00:38:38,740 --> 00:38:42,173 He took this case, not because he was greedy, but because he felt sorry for you. 587 00:38:42,240 --> 00:38:46,273 And against all odds, he got you an offer like this, it's a miracle. 588 00:38:46,340 --> 00:38:51,806 Close to a million dollars, I am sorry, but that is as good as it's gonna get. 589 00:38:51,873 --> 00:38:54,940 And while you certainly have the right to reject it, if you do, 590 00:38:55,006 --> 00:38:57,173 I'm gonna recommend to Bobby Donnell that we drop you as clients. 591 00:38:57,240 --> 00:39:00,440 We're sympathetic, but we are certainly not gonna bankroll your rage. 592 00:39:00,506 --> 00:39:03,040 We're not asking you to bankroll our rage. 593 00:39:03,106 --> 00:39:08,440 We understand this is a place of business. But to sell out-- 594 00:39:08,506 --> 00:39:12,606 My daughter just celebrated her last Christmas. 595 00:39:12,673 --> 00:39:18,040 And for them not to admit they're wrong? 596 00:39:18,106 --> 00:39:23,640 I don't care if I screw it up for everybody. 597 00:39:24,973 --> 00:39:27,106 I don't. 598 00:39:37,240 --> 00:39:39,406 I, uh-- [ Clears Throat ] 599 00:39:39,473 --> 00:39:43,173 I think maybe, uh, you should all meet. 600 00:39:43,240 --> 00:39:46,573 Get Maureen, meet together... 601 00:39:46,640 --> 00:39:49,373 without Eleanor and me. 602 00:39:49,440 --> 00:39:51,506 Figure out what you want to do. 603 00:39:54,340 --> 00:39:56,506 We're all with Maureen on this, Jimmy. 604 00:39:58,273 --> 00:40:02,406 The decision that needs to be made seems to be yours. 605 00:40:02,473 --> 00:40:06,206 Will you continue to be our lawyer or not? 606 00:40:11,006 --> 00:40:13,306 [ Sighs ] 607 00:40:14,473 --> 00:40:19,440 If you choose to go forward, I'll be your lawyer. 608 00:40:19,506 --> 00:40:22,106 I can't speak for Eleanor, but... 609 00:40:22,173 --> 00:40:25,673 I think she'll come along, too. 610 00:40:37,840 --> 00:40:40,940 Come on, Bec. I'll walk you out. I still have stuff to do. 611 00:40:41,006 --> 00:40:43,906 Yeah, well, I got to go to bed, and I'm not leavin' you here. Eugene-- 612 00:40:43,973 --> 00:40:47,140 I'm not leaving you here. 613 00:40:48,206 --> 00:40:51,373 Jimmy? Will you lock up for me? 614 00:40:51,440 --> 00:40:56,106 - Sure. - [ Door Rattles ] 615 00:40:59,973 --> 00:41:01,806 - Get down. - I-It could be maintenance. 616 00:41:01,873 --> 00:41:04,106 Get down. 617 00:41:06,106 --> 00:41:10,206 [ Groaning ] 618 00:41:10,273 --> 00:41:12,473 Who are you? Helms. 619 00:41:13,906 --> 00:41:16,773 - Joel Helms. - Mr. Helms! 620 00:41:16,840 --> 00:41:20,106 G-Get him up. 621 00:41:26,973 --> 00:41:30,440 Nice. What can I do for you? 622 00:41:30,506 --> 00:41:33,540 Probably about as much as I can do for you. 623 00:41:33,606 --> 00:41:37,040 - He's sauced. - Hmm? Does that mean drunk? I certainly am. 624 00:41:37,106 --> 00:41:41,273 [ Laughs ] 625 00:41:41,340 --> 00:41:43,773 But I'll be sober in the morning. 626 00:41:43,840 --> 00:41:46,573 Thank you. 627 00:41:46,640 --> 00:41:50,640 If you have any coffee, you might want to start preppin' me now. 628 00:41:52,740 --> 00:41:58,106 I don't know, Lindsay. I mean if he's really serious about trying this case. 629 00:41:58,173 --> 00:42:02,140 You should be the one to do it. 630 00:42:02,206 --> 00:42:04,873 How much more money can we afford to lose? 631 00:42:04,940 --> 00:42:07,173 [ Lindsay ] You really want three lawyers on it? 632 00:42:07,240 --> 00:42:09,573 No, but-- [ Loud Kissing ] 633 00:42:09,640 --> 00:42:11,140 What was that? What? 634 00:42:11,206 --> 00:42:14,373 It sounds like a kiss. Is that you, Helen? 635 00:42:17,606 --> 00:42:21,673 Yes, it's me. Want to come over and join? Funny. 636 00:42:21,740 --> 00:42:25,373 [ Laughs ] [ Ringing ] 637 00:42:29,273 --> 00:42:31,506 11:30. Better be good. 638 00:42:33,106 --> 00:42:36,240 [ Sirens ] 639 00:42:47,140 --> 00:42:50,540 [ Chattering ] 640 00:43:00,140 --> 00:43:04,940 Helen? What happened? 641 00:43:05,006 --> 00:43:09,240 The brother. Officers approached. Evidently, he went for his weapon. 642 00:43:09,306 --> 00:43:12,706 They opened fire. 643 00:43:12,773 --> 00:43:15,373 [ Camera Shutter Clicking ] 644 00:43:15,440 --> 00:43:19,773 - Did he have a gun? - He did. 645 00:43:19,840 --> 00:43:23,440 They said they were following him at your request. 646 00:43:23,506 --> 00:43:26,240 That's right. 647 00:43:27,873 --> 00:43:29,773 Well, it looks justified. 648 00:43:32,240 --> 00:43:35,506 I guess that witness will sleep better now, huh? 649 00:43:37,706 --> 00:43:40,806 Yeah. Okay. 650 00:43:40,873 --> 00:43:43,106 Nothing much for me here. 651 00:43:43,973 --> 00:43:45,940 Nope. 652 00:43:46,006 --> 00:43:50,373 [ Thunderclap ] 653 00:44:20,873 --> 00:44:24,273 [ Woman ] You stinker!