1 00:00:03,937 --> 00:00:04,771 (sighs) 2 00:00:04,805 --> 00:00:06,172 They turned it down. 3 00:00:06,206 --> 00:00:08,542 So now what? 4 00:00:08,575 --> 00:00:10,744 We either try it, or we up the offer. 5 00:00:10,777 --> 00:00:13,714 I think we could make it go away for $175,000. 6 00:00:13,747 --> 00:00:16,216 $175,000 would break me. 7 00:00:17,618 --> 00:00:19,319 I got no coverage for this, Jimmy. 8 00:00:19,352 --> 00:00:20,220 I know. 9 00:00:20,253 --> 00:00:22,188 If we go to trial -- 10 00:00:22,222 --> 00:00:23,590 Jury's already sworn in. 11 00:00:23,624 --> 00:00:25,526 It would be two or three days. 12 00:00:25,559 --> 00:00:27,628 It's only going to cost you my time, which -- 13 00:00:27,661 --> 00:00:30,363 I don't mean the cost of the trial. 14 00:00:30,396 --> 00:00:34,100 I'm asking, what do we win? 15 00:00:34,134 --> 00:00:36,102 I don't know, Peter. 16 00:00:36,136 --> 00:00:40,206 Legally, what you did was an invasion of privacy. 17 00:00:40,240 --> 00:00:42,408 He has a deadly disease. 18 00:00:42,442 --> 00:00:44,144 And we'll certainly argue that. 19 00:00:44,177 --> 00:00:47,480 I'm just telling you, I'm not sure we'll win. 20 00:00:52,553 --> 00:00:54,087 Let's go to trial. 21 00:00:56,122 --> 00:00:58,458 I ain't taking murder two. Why should I take that? 22 00:00:58,491 --> 00:01:00,160 That's life -- murder two. 23 00:01:00,193 --> 00:01:02,596 Why should I take that? That's life. 24 00:01:02,629 --> 00:01:04,665 I'm not necessarily recommending it, Alex. 25 00:01:04,698 --> 00:01:07,400 I'm just making you aware of the state's offer. 26 00:01:07,433 --> 00:01:08,869 Plus, with murder two, 27 00:01:08,902 --> 00:01:11,738 there is some possibility of parole. Murder one -- 28 00:01:11,772 --> 00:01:13,139 They'll kill me in prison. 29 00:01:13,173 --> 00:01:14,508 I know what happens to people like me. 30 00:01:14,541 --> 00:01:15,609 They'll kill me. I know what happens. 31 00:01:15,642 --> 00:01:18,111 You have to beat this, Mr. Young. 32 00:01:18,144 --> 00:01:21,481 Well, I don't think I will. 33 00:01:21,515 --> 00:01:22,716 The woman you killed -- 34 00:01:22,749 --> 00:01:24,284 I didn't. 35 00:01:24,317 --> 00:01:25,719 Allegedly killed. 36 00:01:25,752 --> 00:01:28,454 She was the daughter of a college chancellor. 37 00:01:28,488 --> 00:01:30,524 It's got a lot of publicity, and they don't assign 38 00:01:30,557 --> 00:01:33,159 Helen Gamble to cases for her charm. 39 00:01:33,193 --> 00:01:35,128 You have to take care of this. I didn't do it. 40 00:01:35,161 --> 00:01:38,164 You have to make them see that. I didn't do it! 41 00:01:38,198 --> 00:01:40,667 Even so, you have to realize how it looks. 42 00:01:40,701 --> 00:01:42,803 The police discovered you having sex with her -- 43 00:01:42,836 --> 00:01:43,804 But she was already dead. 44 00:01:43,837 --> 00:01:45,706 How many times do I have to say it? 45 00:01:45,739 --> 00:01:49,309 So you just found a dead woman in a dumpster 46 00:01:49,342 --> 00:01:51,411 and decided to have sex with her? 47 00:01:51,444 --> 00:01:54,815 Yes, and you have to make them see that. 48 00:01:54,848 --> 00:01:58,118 I ain't going down for murder two. 49 00:02:01,454 --> 00:02:03,323 All right, look, 50 00:02:03,356 --> 00:02:05,626 we're going to have some clothes sent over 51 00:02:05,659 --> 00:02:06,527 for you to wear at trial. 52 00:02:06,560 --> 00:02:07,894 We're going to need you to take a shower. 53 00:02:07,928 --> 00:02:09,362 Why? 54 00:02:10,864 --> 00:02:12,866 Because you stink, Mr. Dickson. 55 00:02:12,899 --> 00:02:13,634 You reek. 56 00:02:13,667 --> 00:02:16,837 You think I'm some kind of animal. 57 00:02:16,870 --> 00:02:18,438 That's what you think. 58 00:02:19,606 --> 00:02:23,243 I'm a human being, Ms. Dole. 59 00:02:23,276 --> 00:02:24,578 A human being. 60 00:02:29,583 --> 00:02:31,351 (music playing) 61 00:03:15,696 --> 00:03:17,297 Why not go insanity? 62 00:03:17,330 --> 00:03:18,498 I don't think he is insane. 63 00:03:18,532 --> 00:03:20,567 Plus, he insists he didn't kill her. 64 00:03:20,601 --> 00:03:22,569 I assume Helen's got her fangs out. 65 00:03:22,603 --> 00:03:23,670 Oh, you have no idea. 66 00:03:23,704 --> 00:03:26,006 Can I ask, does Lindsay really need to be on this? 67 00:03:26,039 --> 00:03:28,474 Is that a strategic question, 68 00:03:28,509 --> 00:03:30,811 or more you don't want her sitting next to the guy? 69 00:03:30,844 --> 00:03:32,445 Probably the latter, I admit. 70 00:03:32,478 --> 00:03:33,580 I'm okay -- 71 00:03:33,614 --> 00:03:34,681 It's a court appointment. We have to give him a defense, 72 00:03:34,715 --> 00:03:37,684 but we certainly don't have to provide two attorneys. 73 00:03:37,718 --> 00:03:39,953 I think having a woman at the table helps. 74 00:03:39,986 --> 00:03:42,723 A radio station gave out our number. 75 00:03:42,756 --> 00:03:44,290 Some deejay is telling his listeners 76 00:03:44,324 --> 00:03:46,459 to call us and tell us we're scum. Oh, great. 77 00:03:46,492 --> 00:03:47,728 We already knew that. 78 00:03:47,761 --> 00:03:49,663 I'm going to shut down the phones for the morning, 79 00:03:49,696 --> 00:03:51,798 so let's everybody take their cellulars. 80 00:03:51,832 --> 00:03:52,833 Jimmy, how you doing? 81 00:03:52,866 --> 00:03:54,635 We upped the offer to $125,000. 82 00:03:54,668 --> 00:03:56,737 He turned us down. Trial starts today. 83 00:03:56,770 --> 00:03:58,872 I'd go higher. Don't start. 84 00:03:58,905 --> 00:04:00,473 He revealed the guy's medical condition. 85 00:04:00,507 --> 00:04:01,708 He didn't fire the guy. He quit. The jury will hit you -- 86 00:04:01,742 --> 00:04:04,377 After our client sent out a memo telling the whole world. 87 00:04:04,410 --> 00:04:05,946 The guy has AIDS, Rebecca. His coworkers -- 88 00:04:05,979 --> 00:04:08,048 He also has a right to privacy. 89 00:04:08,081 --> 00:04:09,382 And they have a right to be safe. 90 00:04:09,415 --> 00:04:10,784 All right, enough of the arguing. 91 00:04:10,817 --> 00:04:13,353 $125,000 is a line in the sand. 92 00:04:13,386 --> 00:04:15,889 We start trial today, and P. S. -- 93 00:04:16,890 --> 00:04:19,359 I've known Peter Hynes since high school. 94 00:04:19,392 --> 00:04:21,327 He's not a bigot. 95 00:04:21,361 --> 00:04:22,529 All right, you need second chair? 96 00:04:22,563 --> 00:04:24,698 Thanks. I'll pass on the chairs here. 97 00:04:24,731 --> 00:04:25,832 You're personalizing. BOBBY: Let's go. 98 00:04:25,866 --> 00:04:28,401 Cellulars. We're scum today, guys. 99 00:04:28,835 --> 00:04:32,539 (horn blows) 100 00:04:32,573 --> 00:04:35,408 How did Mr. Hynes even find out you had AIDS? 101 00:04:35,441 --> 00:04:38,044 We're required to take physicals for our insurance. 102 00:04:38,078 --> 00:04:39,813 He owns the company. He somehow found out 103 00:04:39,846 --> 00:04:41,648 when I was first diagnosed three years ago. 104 00:04:41,682 --> 00:04:43,917 But he didn't tell the other employees at Straub 105 00:04:43,950 --> 00:04:45,085 until last year. 106 00:04:45,118 --> 00:04:48,454 Yes. He suddenly decided to circulate an interoffice memo 107 00:04:48,488 --> 00:04:50,791 to all employees, which total about 90. 108 00:04:50,824 --> 00:04:53,794 Did he give you an explanation as to why he did this? 109 00:04:53,827 --> 00:04:55,896 Yeah, concern for their health. 110 00:04:55,929 --> 00:04:58,331 And what happened, Mr. Mayfield, 111 00:04:58,364 --> 00:05:00,066 after this memo was circulated? 112 00:05:00,100 --> 00:05:02,068 I began to be treated differently. 113 00:05:02,102 --> 00:05:04,470 Some people acted like I had the plague. 114 00:05:04,505 --> 00:05:06,807 Others -- they were overtly hostile. 115 00:05:06,840 --> 00:05:09,810 I was no longer welcome to play on our basketball team. 116 00:05:09,843 --> 00:05:11,712 We have an interoffice accountant league, 117 00:05:11,745 --> 00:05:14,848 and, uh, I was invited to stay home 118 00:05:14,881 --> 00:05:16,817 by our team captain. 119 00:05:16,850 --> 00:05:19,485 So, basically, you began to be discriminated against. 120 00:05:19,520 --> 00:05:22,388 Yes. I wasn't totally ostracized, though. 121 00:05:22,422 --> 00:05:23,590 There are some people in the firm 122 00:05:23,624 --> 00:05:24,891 with whom I've remained friends. 123 00:05:24,925 --> 00:05:26,492 There's even some people 124 00:05:26,527 --> 00:05:29,395 who assault me with their sympathy. 125 00:05:29,429 --> 00:05:32,933 They offer me the names of various support groups. 126 00:05:32,966 --> 00:05:35,869 Um...I think they're the worst. 127 00:05:35,902 --> 00:05:38,371 I mean, there is nothing more oppressive 128 00:05:38,404 --> 00:05:40,373 than a well-meaning sympathizer on the loose. 129 00:05:40,406 --> 00:05:41,575 Mr. Mayfield? 130 00:05:42,676 --> 00:05:45,045 How is it no longer tolerable to work there? 131 00:05:45,078 --> 00:05:47,881 Well, I went from being 132 00:05:47,914 --> 00:05:49,049 an accountant in good standing -- 133 00:05:49,082 --> 00:05:52,853 You know, one who enjoyed a camaraderie with my coworkers 134 00:05:53,654 --> 00:05:55,522 to being the one with AIDS -- 135 00:05:57,423 --> 00:05:58,491 The sick one. 136 00:05:58,525 --> 00:05:59,392 (clears throat) 137 00:06:00,661 --> 00:06:03,396 But you are the sick one, aren't you, Mr. Mayfield? 138 00:06:03,429 --> 00:06:05,532 I don't prefer to see myself that way. 139 00:06:05,566 --> 00:06:08,769 I understand that, sir. And that's your right. 140 00:06:08,802 --> 00:06:10,837 But you have a fatal disease, don't you? 141 00:06:11,972 --> 00:06:12,806 Yes. 142 00:06:12,839 --> 00:06:14,975 And this disease is infectious, isn't it? 143 00:06:15,008 --> 00:06:16,877 It doesn't spread by inter -- 144 00:06:16,910 --> 00:06:19,680 The disease is infectious. Is it not, Mr. Mayfield? 145 00:06:19,713 --> 00:06:21,748 Through sexual intercourse and needle use, 146 00:06:21,782 --> 00:06:23,550 but not casual office contact. 147 00:06:23,584 --> 00:06:26,853 Well, the spread is not limited to sex and needle use. 148 00:06:26,887 --> 00:06:28,655 That isn't true, is it, Mr. Mayfield? 149 00:06:28,689 --> 00:06:30,456 Those are the most common ways it is spread. 150 00:06:30,490 --> 00:06:32,125 It could be spread from kissing 151 00:06:32,158 --> 00:06:33,827 if there were open-mouth sores. 152 00:06:33,860 --> 00:06:36,496 I wasn't going around kissing -- 153 00:06:36,530 --> 00:06:37,864 Or if people had cuts on their hand. 154 00:06:37,898 --> 00:06:40,133 I never went to work with cuts on my hands. 155 00:06:40,166 --> 00:06:43,937 But what if you accidentally did cut yourself? 156 00:06:43,970 --> 00:06:45,972 What if you took an elbow playing basketball, 157 00:06:46,006 --> 00:06:46,973 got a nosebleed? 158 00:06:47,007 --> 00:06:49,109 The risks you're talking about are so minimal -- 159 00:06:49,142 --> 00:06:51,878 But does that mean it's yourright to assume them 160 00:06:51,912 --> 00:06:53,647 on behalf of everybody else? 161 00:06:53,680 --> 00:06:57,584 A fatal disease which is infectious -- 162 00:06:57,618 --> 00:06:59,653 Shouldn't it be a person's right 163 00:06:59,686 --> 00:07:01,622 to choose whether he plays 164 00:07:01,655 --> 00:07:03,123 in a sport of physical contact with you? 165 00:07:04,625 --> 00:07:06,459 If I had a cut on my hand, 166 00:07:06,492 --> 00:07:08,128 I'd probably like to know 167 00:07:08,161 --> 00:07:10,964 which of my colleagues at work have AIDS. 168 00:07:10,997 --> 00:07:12,799 Does that make me crazy? 169 00:07:12,833 --> 00:07:14,868 The problem, Mr. Berluti, 170 00:07:14,901 --> 00:07:17,003 is that there are prejudices and bigotries 171 00:07:17,037 --> 00:07:18,672 that go beyond health issues 172 00:07:18,705 --> 00:07:20,240 when it comes to people with AIDS. 173 00:07:20,273 --> 00:07:23,076 My client didn't fire you, did he? 174 00:07:23,109 --> 00:07:24,845 Well, he may as well have. 175 00:07:24,878 --> 00:07:26,479 But he didn't. 176 00:07:28,649 --> 00:07:29,750 No. 177 00:07:32,018 --> 00:07:32,986 (elevator dings) 178 00:07:33,019 --> 00:07:35,722 (reporters shouting questions) 179 00:07:38,525 --> 00:07:39,926 Excuse us. 180 00:07:39,960 --> 00:07:41,795 Let us through, please. We have nothing to say. 181 00:07:42,863 --> 00:07:44,831 Her name was Hillary Brennan. 182 00:07:44,865 --> 00:07:48,134 She was a second-year copywriter at Rogers and Cole. 183 00:07:48,168 --> 00:07:49,703 She worked downtown 184 00:07:49,736 --> 00:07:51,805 and would like to walk home after work 185 00:07:51,838 --> 00:07:53,707 to her townhouse in the South End. 186 00:07:53,740 --> 00:07:56,977 Her friends describe her in many wonderful ways, 187 00:07:57,010 --> 00:08:00,714 but "Generous" and "Charitable" are two words 188 00:08:00,747 --> 00:08:03,784 that had become almost synonymous with her name. 189 00:08:03,817 --> 00:08:06,286 She would never pass a homeless person 190 00:08:06,319 --> 00:08:08,755 without offering something. 191 00:08:08,789 --> 00:08:11,157 That was said by her roommate. 192 00:08:11,191 --> 00:08:14,260 Well, she should have passed this one, ladies and gentlemen. 193 00:08:14,294 --> 00:08:17,664 The evidence will show that Alex Dickson 194 00:08:17,698 --> 00:08:20,567 raped and strangled Hillary Brennan -- 195 00:08:20,601 --> 00:08:22,569 strangled her to death. 196 00:08:22,603 --> 00:08:26,106 The evidence will show that this man 197 00:08:26,139 --> 00:08:29,209 continued to rape her after she was dead. 198 00:08:30,577 --> 00:08:32,779 He was still on top of her lifeless body 199 00:08:32,813 --> 00:08:34,648 raping the corpse 200 00:08:34,681 --> 00:08:37,283 when Officer Mark Fryerson discovered him. 201 00:08:40,053 --> 00:08:41,287 This is... 202 00:08:43,624 --> 00:08:46,292 this is the ugly part of criminal law. 203 00:08:46,326 --> 00:08:49,162 We deal with crimes that... 204 00:08:51,898 --> 00:08:53,700 fortunately... 205 00:08:56,069 --> 00:08:58,338 at least this one is simple. 206 00:08:58,371 --> 00:09:01,307 I won't have to take up too much of your time 207 00:09:01,341 --> 00:09:02,843 with the ugliness. 208 00:09:08,749 --> 00:09:10,784 The ugly part of criminal law 209 00:09:10,817 --> 00:09:12,953 is when you convict the wrong person. 210 00:09:12,986 --> 00:09:14,888 Alex Dickson had sex 211 00:09:14,921 --> 00:09:16,957 with Hillary Brennan's lifeless body, 212 00:09:16,990 --> 00:09:18,792 but he didn't kill her. 213 00:09:18,825 --> 00:09:21,361 You're certainly entitled to be disgusted by this man, 214 00:09:21,394 --> 00:09:23,229 but you can't convict him of murder 215 00:09:23,263 --> 00:09:26,867 unless the evidence supports that finding, and it won't 216 00:09:27,968 --> 00:09:30,704 because somebody else killed Hillary Brennan. 217 00:09:30,737 --> 00:09:32,338 It wasn't Alex Dickson. 218 00:09:36,109 --> 00:09:39,245 How long after you got the call did you find him? 219 00:09:39,279 --> 00:09:41,314 About an hour, maybe a little less. 220 00:09:41,347 --> 00:09:43,717 There's a back alley behind Washington. 221 00:09:43,750 --> 00:09:45,919 It isn't lit. I decided to go and check it. 222 00:09:45,952 --> 00:09:47,721 And what did you find? 223 00:09:47,754 --> 00:09:50,290 I heard some activity over behind the large dumpster. 224 00:09:50,323 --> 00:09:54,628 I headed that way, shined my light, 225 00:09:54,661 --> 00:09:56,162 and there he was. 226 00:09:56,196 --> 00:09:57,664 There who was? 227 00:09:57,698 --> 00:10:00,867 Him, the defendant. 228 00:10:00,901 --> 00:10:02,803 Could you see what he was doing? 229 00:10:05,438 --> 00:10:07,307 He was engaged in sexual intercourse 230 00:10:07,340 --> 00:10:08,775 with a nude female body. 231 00:10:08,809 --> 00:10:10,911 I ordered him to get off the woman 232 00:10:10,944 --> 00:10:12,212 and lie on the ground face down, 233 00:10:12,245 --> 00:10:14,748 at which point I handcuffed him. 234 00:10:14,781 --> 00:10:16,382 I then went to check on the woman. 235 00:10:17,050 --> 00:10:18,251 She was dead. 236 00:10:18,284 --> 00:10:20,721 Did you check to see whether the body 237 00:10:20,754 --> 00:10:22,288 was warm or cold? 238 00:10:23,824 --> 00:10:25,626 It was still warm. 239 00:10:29,996 --> 00:10:32,065 She was dead when you got there? 240 00:10:32,098 --> 00:10:33,366 I believe so. 241 00:10:33,399 --> 00:10:35,301 Did you see my client kill her? 242 00:10:35,335 --> 00:10:36,703 No, I did not, 243 00:10:36,737 --> 00:10:37,604 but she hadn't been dead for very long -- 244 00:10:37,638 --> 00:10:42,075 Excuse me. Did you see my client kill her? 245 00:10:43,243 --> 00:10:44,210 No. 246 00:10:44,244 --> 00:10:46,880 Any thumb or fingerprints or bruise indentations 247 00:10:46,913 --> 00:10:48,448 that matched up with my client? 248 00:10:48,481 --> 00:10:50,216 No. 249 00:10:50,250 --> 00:10:53,920 You also noted the woman smelled of garbage. 250 00:10:53,954 --> 00:10:55,221 Yes. 251 00:10:55,255 --> 00:10:57,190 Any idea how she got that smell? 252 00:10:58,224 --> 00:11:00,093 She was probably in the dumpster. 253 00:11:00,126 --> 00:11:01,895 Thank you, Officer. 254 00:11:08,234 --> 00:11:09,936 I think she was hiding in the dumpster 255 00:11:09,970 --> 00:11:11,004 to get away from him. 256 00:11:11,037 --> 00:11:12,305 Why don't you argue that, then? 257 00:11:12,338 --> 00:11:15,742 I can't prove it. This steak is so tough. 258 00:11:15,776 --> 00:11:17,143 Have you guys set a date yet? 259 00:11:17,177 --> 00:11:20,180 June 17th. The invitations go out next week. 260 00:11:20,213 --> 00:11:22,415 Okay, and then how soon after 261 00:11:22,448 --> 00:11:24,017 before we have a little Bobby? 262 00:11:24,050 --> 00:11:26,086 You'll be the first to know, Helen. 263 00:11:26,119 --> 00:11:29,756 Of course I will. Let me ask you guys something. 264 00:11:30,924 --> 00:11:32,759 A wedding, a baby -- 265 00:11:32,793 --> 00:11:33,727 She's already got me pregnant. 266 00:11:33,760 --> 00:11:36,963 How do you take these cases and then go home? 267 00:11:36,997 --> 00:11:38,932 The judge assigned it, Helen. 268 00:11:38,965 --> 00:11:40,033 I know, but you could've -- 269 00:11:40,066 --> 00:11:41,367 What's the point? 270 00:11:43,403 --> 00:11:45,939 I didn't mean anything, Eugene. I was just asking. 271 00:11:45,972 --> 00:11:47,007 I'm sick of people asking that question. 272 00:11:47,040 --> 00:11:49,943 It's a stupid question. We get it everywhere we go. 273 00:11:49,976 --> 00:11:51,244 You think about that? I don't expect 274 00:11:51,277 --> 00:11:53,479 to be getting it from a D.A... Eugene. 275 00:11:53,514 --> 00:11:54,781 Especially when we're supposed to be having 276 00:11:54,815 --> 00:11:56,416 a nice dinner as friends. 277 00:11:59,019 --> 00:12:01,922 Okay. Sorry. 278 00:12:08,995 --> 00:12:10,096 Excuse me. 279 00:12:29,082 --> 00:12:31,217 (horn blows) 280 00:12:32,986 --> 00:12:35,321 This eye-witness is pretty much their whole case. So, if there's -- 281 00:12:35,355 --> 00:12:36,456 He's a liar. 282 00:12:36,489 --> 00:12:37,958 Billy Bicks never told the truth 283 00:12:37,991 --> 00:12:39,926 his whole life about nothing. 284 00:12:39,960 --> 00:12:41,461 If I hadn't had found that girl first, 285 00:12:41,494 --> 00:12:42,863 he would have been right there 286 00:12:42,896 --> 00:12:44,798 taking his poke. 287 00:12:44,831 --> 00:12:46,466 You could quote me on that. 288 00:12:46,499 --> 00:12:48,101 I don't believe I will. 289 00:12:48,134 --> 00:12:51,404 Alex, we need facts to trip up Mr. Bicks. 290 00:12:51,437 --> 00:12:54,207 He's a liar, that's a fact. 291 00:12:54,240 --> 00:12:57,043 Can you give us specific incidents of his lying? 292 00:12:57,077 --> 00:12:58,845 Right here. He's lying about this. 293 00:12:59,379 --> 00:13:01,815 I was never with that girl alive. 294 00:13:01,848 --> 00:13:03,349 He's lying about this! 295 00:13:05,285 --> 00:13:06,553 Okay. 296 00:13:09,489 --> 00:13:11,057 We'll see you in the courtroom. 297 00:13:11,091 --> 00:13:12,559 Oh, yes, he is, right there, 298 00:13:12,593 --> 00:13:15,428 lying about this. Taking his poke -- 299 00:13:15,461 --> 00:13:16,563 that's where you would have found Billy Bicks. 300 00:13:16,597 --> 00:13:18,965 Testifying out of jealousy, that's what he's doing. 301 00:13:22,402 --> 00:13:24,070 We could go with that, Eugene -- 302 00:13:24,104 --> 00:13:25,872 The eyewitness is motivated by jealousy 303 00:13:25,906 --> 00:13:27,240 because he didn't get to take his poke 304 00:13:27,273 --> 00:13:28,174 with the corpse. 305 00:13:28,208 --> 00:13:29,876 This is all funny to you? 306 00:13:31,244 --> 00:13:32,112 No. 307 00:13:33,179 --> 00:13:35,181 No, I'm just trying to remember certain 308 00:13:35,215 --> 00:13:37,383 words of advice I got from a senior associate 309 00:13:37,417 --> 00:13:38,852 when I started practicing. 310 00:13:38,885 --> 00:13:40,621 In some cases, sense of humor 311 00:13:40,654 --> 00:13:43,323 is the only thing that'll get you through. 312 00:13:43,356 --> 00:13:45,225 Well, here's another piece of advice. 313 00:13:45,258 --> 00:13:47,528 Sooner or later, you're gonna lose your sense of humor. 314 00:13:50,063 --> 00:13:51,464 What am I missing, Eugene? 315 00:13:51,497 --> 00:13:54,968 You've made a careering out of defending dirtbags. 316 00:13:55,001 --> 00:13:56,069 What's changed? 317 00:13:56,102 --> 00:13:57,838 Maybe I'm getting sick of it. 318 00:14:05,478 --> 00:14:07,280 Sharon and I split again. 319 00:14:10,050 --> 00:14:12,452 Oh, I'm sorry. 320 00:14:12,485 --> 00:14:13,486 When? 321 00:14:13,520 --> 00:14:15,021 Three days ago. 322 00:14:15,055 --> 00:14:17,223 Kendall asked me the same question 323 00:14:17,257 --> 00:14:20,260 Helen did last night, and I couldn't answer it. 324 00:14:20,293 --> 00:14:21,528 Then she asked me later, 325 00:14:21,562 --> 00:14:23,296 we got into this big fight, 326 00:14:23,329 --> 00:14:26,232 and here I am. 327 00:14:29,936 --> 00:14:32,539 Look, I could handle this case alone. maybe -- 328 00:14:32,573 --> 00:14:34,975 I'm going to win, Lindsay. 329 00:14:35,008 --> 00:14:37,443 Make no mistake about that. 330 00:14:40,013 --> 00:14:42,583 We'd better get in. 331 00:14:50,624 --> 00:14:54,628 I was at the corner of Washington and Boylston. 332 00:14:54,661 --> 00:14:56,563 It was about 8:30 or so. 333 00:14:56,597 --> 00:14:58,498 At night? 334 00:14:58,532 --> 00:15:00,366 Yes. That's when I saw him. 335 00:15:00,400 --> 00:15:01,702 Him being the defendant. 336 00:15:01,735 --> 00:15:03,169 That's correct, 337 00:15:03,203 --> 00:15:05,038 and he was with the woman. 338 00:15:05,071 --> 00:15:06,673 What woman, sir? 339 00:15:06,707 --> 00:15:08,642 Hillary Brennan. 340 00:15:08,675 --> 00:15:11,011 I identified her from the photographs. 341 00:15:11,044 --> 00:15:12,613 Could you tell what they were doing? 342 00:15:12,646 --> 00:15:14,681 Talking. 343 00:15:14,715 --> 00:15:17,217 I assume Alex was asking her for money. 344 00:15:17,250 --> 00:15:19,586 Were they arguing or -- No, no, no. 345 00:15:19,620 --> 00:15:22,488 As a matter of fact, she was smiling. 346 00:15:22,523 --> 00:15:24,591 Do you know the defendant? 347 00:15:24,625 --> 00:15:27,460 Yes. I've met him on the street many times. 348 00:15:27,493 --> 00:15:30,263 And you're definitely sure it was him, this man, 349 00:15:30,296 --> 00:15:32,699 talking to Hillary Brennan that night? 350 00:15:32,733 --> 00:15:34,701 I'm positive. 351 00:15:34,735 --> 00:15:37,370 And you're sure it was around 8:30? 352 00:15:37,403 --> 00:15:39,105 Yes, I am. 353 00:15:39,139 --> 00:15:41,041 Thank you. 354 00:15:43,443 --> 00:15:44,678 What were you doing on the streets 355 00:15:44,711 --> 00:15:46,212 at 8:30, Mr. Bicks? 356 00:15:46,246 --> 00:15:48,214 I was soliciting clients. 357 00:15:48,248 --> 00:15:49,650 Soliciting clients? 358 00:15:49,683 --> 00:15:51,151 You were panhandling. 359 00:15:51,184 --> 00:15:52,719 That's what some people call it. 360 00:15:52,753 --> 00:15:55,421 You pretty much live on the streets. I do. 361 00:15:55,455 --> 00:15:57,390 And did the prosecution buy you those nice clothes? 362 00:15:57,423 --> 00:15:59,425 Objection. When a witness testifies, 363 00:15:59,459 --> 00:16:01,161 he puts his demeanor into evidence. 364 00:16:01,194 --> 00:16:03,697 This witness has had part of his demeanor paid for 365 00:16:03,730 --> 00:16:04,598 by the prosecution. 366 00:16:04,631 --> 00:16:05,666 And exactly where did 367 00:16:05,699 --> 00:16:07,400 the defendant's outfit come from? 368 00:16:07,433 --> 00:16:09,235 From a charity who helps innocent people 369 00:16:09,269 --> 00:16:10,470 wrongly charged with crimes. 370 00:16:10,504 --> 00:16:12,072 Objection -- move to strike. 371 00:16:12,105 --> 00:16:13,106 All right, all right, that's enough. 372 00:16:13,139 --> 00:16:15,041 We will have no more discussion as to wardrobe. 373 00:16:15,075 --> 00:16:18,178 The jury will not give any weight to the clothes. 374 00:16:18,211 --> 00:16:19,713 You were arrested the night of the murder, 375 00:16:19,746 --> 00:16:20,747 weren't you, Mr. Bicks? 376 00:16:20,781 --> 00:16:23,149 Yes, but much later. 377 00:16:23,183 --> 00:16:24,050 Drunk and disorderly conduct? 378 00:16:24,084 --> 00:16:26,753 I was sober when I saw your client -- 379 00:16:26,787 --> 00:16:28,755 How many times have you been arrested 380 00:16:28,789 --> 00:16:29,790 for drunk and disorderly conduct, sir? 381 00:16:29,823 --> 00:16:31,592 Objection. Overruled. 382 00:16:31,625 --> 00:16:33,727 More than five? Maybe. 383 00:16:33,760 --> 00:16:34,628 More than 10? 384 00:16:34,661 --> 00:16:35,361 I don't know. 385 00:16:35,395 --> 00:16:37,463 In fact, this was your 11th time, 386 00:16:37,497 --> 00:16:38,799 and after the last one, 387 00:16:38,832 --> 00:16:41,467 you were told the next one meant jail time. 388 00:16:41,502 --> 00:16:42,769 Isn't that right, Mr. Bicks? 389 00:16:42,803 --> 00:16:44,304 Yes. 390 00:16:44,337 --> 00:16:46,807 Are you going to be serving time 391 00:16:46,840 --> 00:16:48,609 for your 11th arrest? 392 00:16:48,642 --> 00:16:49,776 I don't think so. 393 00:16:49,810 --> 00:16:51,578 Because you had something to offer, 394 00:16:51,612 --> 00:16:52,713 didn't you, Mr. Bicks? 395 00:16:52,746 --> 00:16:54,380 You decided to hand over Mr. Dickson 396 00:16:54,414 --> 00:16:56,482 in exchange for serving no time. 397 00:16:56,517 --> 00:16:58,118 Is that why you made this story up? 398 00:16:58,151 --> 00:16:58,785 Objection. 399 00:16:58,819 --> 00:16:59,820 Overruled. 400 00:16:59,853 --> 00:17:02,188 Did you make up this story, Mr. Bicks? No. 401 00:17:02,222 --> 00:17:04,057 They needed to place my client 402 00:17:04,090 --> 00:17:05,391 with the victim alive, 403 00:17:05,425 --> 00:17:08,061 and you decided to offer your services, didn't you? 404 00:17:08,094 --> 00:17:10,797 I'm not lying. I saw him with that woman. 405 00:17:10,831 --> 00:17:12,132 But you did make a deal 406 00:17:12,165 --> 00:17:14,334 in exchange for this testimony, 407 00:17:14,367 --> 00:17:15,569 didn't you, Mr. Bicks? 408 00:17:15,602 --> 00:17:17,337 Yes. 409 00:17:17,370 --> 00:17:19,339 Yes, and you say you were sober 410 00:17:19,372 --> 00:17:21,307 when you saw my client with Miss Brennan. 411 00:17:21,341 --> 00:17:22,342 Was that your testimony? 412 00:17:22,375 --> 00:17:23,276 Yes. 413 00:17:23,309 --> 00:17:25,178 Well, according to three different witnesses, 414 00:17:25,211 --> 00:17:26,346 you were seen drinking 415 00:17:26,379 --> 00:17:28,281 as early as 4:00 that afternoon. 416 00:17:28,314 --> 00:17:29,750 But I wasn't drunk. 417 00:17:29,783 --> 00:17:31,585 You're an alcoholic, aren't you, Mr. Bicks? 418 00:17:31,618 --> 00:17:33,453 Well, I like to drink, yeah, 419 00:17:33,486 --> 00:17:35,188 but whether that makes me an alcoholic -- 420 00:17:35,221 --> 00:17:37,223 You were seen drinking at 4:00 that day. 421 00:17:37,257 --> 00:17:39,826 You were still drinking at 11:30 when you got arrested. 422 00:17:39,860 --> 00:17:43,096 I was sober when I saw him with her. 423 00:17:43,129 --> 00:17:45,231 Have you had a drink today, Mr. Bicks? 424 00:17:45,265 --> 00:17:46,232 I'm sorry? 425 00:17:46,266 --> 00:17:49,703 Have you had a drink today? 426 00:17:49,736 --> 00:17:51,437 Well, I've had one. 427 00:17:51,471 --> 00:17:54,841 You had one. Let the record reflect 428 00:17:54,875 --> 00:18:00,113 It's 10:15 in the morning. 429 00:18:00,146 --> 00:18:02,649 Nothing further. 430 00:18:15,161 --> 00:18:19,165 You'd known he'd had AIDS for three years. 431 00:18:19,199 --> 00:18:22,536 Yes, and I kept the secret. 432 00:18:22,569 --> 00:18:24,771 Well, what changed? 433 00:18:24,805 --> 00:18:29,409 I saw on the news... 434 00:18:29,442 --> 00:18:32,178 These two guys stopped to help this guy 435 00:18:32,212 --> 00:18:34,214 in a car accident. 436 00:18:34,247 --> 00:18:35,649 He wasn't breathing. 437 00:18:35,682 --> 00:18:38,184 They both did mouth-to-mouth. 438 00:18:38,218 --> 00:18:42,455 Turned out that the accident victim had AIDS, 439 00:18:42,488 --> 00:18:44,758 And now these two samaritans are at risk. 440 00:18:44,791 --> 00:18:46,259 They have to go for AIDS tests 441 00:18:46,292 --> 00:18:47,493 for the next few years. 442 00:18:47,528 --> 00:18:49,896 So I thought, 443 00:18:49,930 --> 00:18:51,898 what if something like that happens here? 444 00:18:51,932 --> 00:18:55,602 Suppose Wayne has a heart attack 445 00:18:55,636 --> 00:18:56,937 or he blacks out. 446 00:18:56,970 --> 00:19:01,274 It certainly is possible, given his immune system. 447 00:19:01,307 --> 00:19:03,844 And then suppose somebody at work goes 448 00:19:03,877 --> 00:19:06,179 to resuscitate him. 449 00:19:06,212 --> 00:19:08,615 I mean, wouldn't I be a little bit liable? 450 00:19:08,649 --> 00:19:10,851 I know he has AIDS. I don't tell? 451 00:19:10,884 --> 00:19:13,587 You know, the people who work for me -- 452 00:19:13,620 --> 00:19:16,256 So you felt it was your legal responsibility. 453 00:19:16,289 --> 00:19:19,292 And my moral one, to be honest. 454 00:19:19,325 --> 00:19:21,628 I put my trust in these people, 455 00:19:21,662 --> 00:19:26,299 and I ask these people to trust me. 456 00:19:26,332 --> 00:19:29,870 How can I sit on information 457 00:19:29,903 --> 00:19:33,339 that could possibly threaten their lives? 458 00:19:35,576 --> 00:19:37,377 Did any doctor advise you 459 00:19:37,410 --> 00:19:39,312 that Mr. Mayfield might be a health risk 460 00:19:39,345 --> 00:19:40,647 to anybody else? 461 00:19:40,681 --> 00:19:41,515 No. 462 00:19:41,548 --> 00:19:43,316 Did any medical professional advise you 463 00:19:43,349 --> 00:19:46,687 to reveal my client's condition? 464 00:19:46,720 --> 00:19:49,723 No, but probably because doctors 465 00:19:49,756 --> 00:19:50,957 are more afraid of being sued 466 00:19:50,991 --> 00:19:51,692 than anybody. 467 00:19:51,725 --> 00:19:53,727 Did you consider the possibility 468 00:19:53,760 --> 00:19:56,229 that Mr. Mayfield may be stigmatized 469 00:19:56,262 --> 00:19:57,463 by your memo, 470 00:19:57,497 --> 00:20:00,567 That he might suffer from discrimination 471 00:20:00,601 --> 00:20:03,737 as a result of this disclosure? 472 00:20:03,770 --> 00:20:06,406 Yes, but I weighed that risk 473 00:20:06,439 --> 00:20:10,343 against the potentially fatal one facing the others, 474 00:20:10,376 --> 00:20:12,879 and I made my decision. 475 00:20:12,913 --> 00:20:13,747 I'd also like to say 476 00:20:13,780 --> 00:20:16,316 I feel that the company supported Wayne. 477 00:20:16,349 --> 00:20:17,317 He resents sympathy, 478 00:20:17,350 --> 00:20:19,252 As he stated in his testimony, 479 00:20:19,285 --> 00:20:20,954 And a lot of the discrimination 480 00:20:20,987 --> 00:20:22,656 he says he was subjected to, 481 00:20:22,689 --> 00:20:26,593 the bulk of it he only perceived. 482 00:20:26,627 --> 00:20:29,763 The employees at Straub like him, 483 00:20:29,796 --> 00:20:31,431 and following my disclosure, 484 00:20:31,464 --> 00:20:35,435 nobody came to me asking that he be let go, 485 00:20:35,468 --> 00:20:39,339 and I think that needs to be said. 486 00:20:46,780 --> 00:20:48,882 And you said it perfectly. 487 00:20:48,915 --> 00:20:50,050 How's it going? 488 00:20:50,083 --> 00:20:51,351 He totally stoned him. 489 00:20:51,384 --> 00:20:53,386 They're now willing to take $125,000. 490 00:20:53,419 --> 00:20:56,623 Really? We rejected it. You should have seen him. 491 00:20:56,657 --> 00:20:58,925 Is the jury still out? 492 00:20:58,959 --> 00:21:00,561 No, we go back in at 5:00 for closing arguments, 493 00:21:00,594 --> 00:21:02,629 which I got to get to work on. Come on, Peter. 494 00:21:02,663 --> 00:21:04,397 How about when I said it was a moral thing? 495 00:21:04,430 --> 00:21:05,899 Did you see his face when I said that? 496 00:21:05,932 --> 00:21:08,401 Did I see it? I could hear it when it hit the floor. 497 00:21:08,434 --> 00:21:09,469 They were so cocky. 498 00:21:09,503 --> 00:21:11,938 But that's the way they are, Jimmy, I'm telling you. 499 00:21:11,972 --> 00:21:13,707 They get all this special treatment. 500 00:21:13,740 --> 00:21:15,842 You know, they get all these special laws passed. 501 00:21:15,876 --> 00:21:17,544 They got the whole country screaming, 502 00:21:17,578 --> 00:21:18,912 "Let them get married!" 503 00:21:18,945 --> 00:21:21,414 It's like they're some privileged class 504 00:21:21,447 --> 00:21:22,315 or something. 505 00:21:22,348 --> 00:21:24,818 Favored nation fags -- It's out of control. 506 00:21:24,851 --> 00:21:27,654 And they think they're smarter than everybody, too. 507 00:21:27,688 --> 00:21:31,592 That's why they thought they'd win this. 508 00:21:37,664 --> 00:21:39,833 I ever tell you my mother was gay, Peter? 509 00:21:39,866 --> 00:21:42,035 What? 510 00:21:42,068 --> 00:21:44,004 Oh, funny. Ha ha. 511 00:21:44,037 --> 00:21:46,940 No, it's true. 512 00:21:46,973 --> 00:21:48,809 Maybe I didn't mention it 513 00:21:48,842 --> 00:21:51,545 'cause I didn't think it was such a big deal, 514 00:21:51,578 --> 00:21:53,947 that it would matter to my friends. 515 00:21:54,615 --> 00:21:57,518 Oh, hey, Jimmy, to each his own. 516 00:21:57,551 --> 00:22:00,020 Now, come on, you know me. 517 00:22:00,854 --> 00:22:02,789 Look, I got no problem with people living 518 00:22:02,823 --> 00:22:04,024 the way they want. 519 00:22:04,057 --> 00:22:04,925 It's just... 520 00:22:07,460 --> 00:22:08,762 You know. 521 00:22:09,429 --> 00:22:10,664 The special treatment. 522 00:22:10,697 --> 00:22:12,098 Yes. 523 00:22:16,837 --> 00:22:18,972 Well, I better work on my closing. 524 00:22:19,005 --> 00:22:21,975 You know what you're going to say? 525 00:22:23,143 --> 00:22:25,345 I have an idea. 526 00:22:37,691 --> 00:22:40,661 The body cools down about 1 degree per hour 527 00:22:40,694 --> 00:22:44,064 in 65 degree weather, which it was that evening. 528 00:22:44,097 --> 00:22:47,433 We recorded a base temperature of 95.5. 529 00:22:47,467 --> 00:22:49,936 That was just after midnight. 530 00:22:49,970 --> 00:22:52,172 Computing the 1 degree per hour, we calculated 531 00:22:52,205 --> 00:22:54,641 the time of death to be between 9:00 and 10:00. 532 00:22:54,675 --> 00:22:57,811 But since the officer found her dead at 9:30, 533 00:22:57,844 --> 00:23:01,548 we determined the T.O.D. to be between 9:00 and 9:30. 534 00:23:01,582 --> 00:23:04,785 Were you able to determine the cause of death, Dr. Fine? 535 00:23:04,818 --> 00:23:08,689 Asphyxiation caused by strangulation. 536 00:23:10,657 --> 00:23:12,025 Between 9:00 and 9:30. 537 00:23:12,058 --> 00:23:13,827 So Ms. Brennan could have been killed 538 00:23:13,860 --> 00:23:15,762 at one minute past 9:00. 539 00:23:15,796 --> 00:23:16,697 Possible? 540 00:23:16,730 --> 00:23:18,532 Possible. 541 00:23:18,565 --> 00:23:20,433 So, my client's contention that he found the body 542 00:23:20,466 --> 00:23:22,869 already dead at around 9:15, 543 00:23:22,903 --> 00:23:26,472 then proceeding to make love to it after she was dead -- 544 00:23:26,507 --> 00:23:27,173 That's possible, isn't it? 545 00:23:27,207 --> 00:23:29,610 It's possible, but it's -- 546 00:23:29,643 --> 00:23:30,511 Well, in fact, scientifically 547 00:23:30,544 --> 00:23:33,446 You can't rule out that possibility at all. 548 00:23:33,479 --> 00:23:36,650 No, I can't rule it out. 549 00:23:36,683 --> 00:23:38,051 In fact, a body temperature will spike 550 00:23:38,084 --> 00:23:42,188 if a person was struggling prior to death, wouldn't it? 551 00:23:42,222 --> 00:23:43,690 She could have been at 100 when she died. 552 00:23:43,724 --> 00:23:44,825 Isn't that possible? 553 00:23:45,726 --> 00:23:46,593 Yes. 554 00:23:46,627 --> 00:23:47,994 So she might have been killed 555 00:23:48,028 --> 00:23:51,532 as early as 7:00, 7:30. 556 00:23:51,565 --> 00:23:54,067 Well, a witness saw her alive at 8:30. 557 00:23:54,100 --> 00:23:55,736 So you're basing your findings 558 00:23:55,769 --> 00:23:59,139 in part on the reliability of the witness Billy Bicks. 559 00:23:59,172 --> 00:24:01,107 Yes, I am. 560 00:24:01,141 --> 00:24:02,743 Thank you, Dr. Fine. 561 00:24:04,277 --> 00:24:05,912 The witness may step down. 562 00:24:07,714 --> 00:24:08,649 Ms. Gamble. 563 00:24:09,583 --> 00:24:11,484 The prosecution rests, Your Honor. 564 00:24:12,118 --> 00:24:14,020 Mr. Young, you're on. 565 00:24:18,258 --> 00:24:20,794 The defense rests, Your Honor. 566 00:24:20,827 --> 00:24:23,564 (indistinct chatter) 567 00:24:30,270 --> 00:24:33,106 How do you mean, I don't testify? 568 00:24:33,139 --> 00:24:34,741 I mean, you don't testify. 569 00:24:34,775 --> 00:24:36,510 What's with that? if I don't tell my side, 570 00:24:36,543 --> 00:24:37,711 They're going to think I did it. I got your side in. 571 00:24:37,744 --> 00:24:39,279 What's with that? If we put you on the stand, 572 00:24:39,312 --> 00:24:41,982 all your other felonies come in, including the time 573 00:24:42,015 --> 00:24:44,250 you flashed kids at an elementary school. 574 00:24:44,284 --> 00:24:46,953 That doesn't make me a killer. It makes you a piece of crap, 575 00:24:46,987 --> 00:24:47,954 which we don't need the jury to hear. 576 00:24:47,988 --> 00:24:49,956 They already think that. I slept with that woman. 577 00:24:49,990 --> 00:24:51,124 If you take the stand, they'll know it. 578 00:24:51,157 --> 00:24:52,192 LINDSAY: Okay, all right. 579 00:24:52,225 --> 00:24:53,093 I don't like this. What's going on? 580 00:24:53,126 --> 00:24:55,128 You have to trust us on this, Mr. Dickson. 581 00:24:55,161 --> 00:24:56,863 I don't put on any defense. What the hell is that? 582 00:24:56,897 --> 00:24:57,998 You don't have any defense. You were caught 583 00:24:58,031 --> 00:24:59,733 red-handed raping the victim. 584 00:24:59,766 --> 00:25:00,767 After she was dead! 585 00:25:00,801 --> 00:25:02,636 Alex, the jury won't believe you. How do you know? 586 00:25:02,669 --> 00:25:03,804 'Cause I don't believe you. LINDSAY: Eugene! 587 00:25:03,837 --> 00:25:05,739 I think you did it. You strangled her, then raped her. 588 00:25:05,772 --> 00:25:06,640 That's what I think, 'cause I've had 589 00:25:06,673 --> 00:25:08,642 the pleasure of listening to you talk. 590 00:25:08,675 --> 00:25:11,712 I don't want the jury to hear you open your fat mouth, 591 00:25:11,745 --> 00:25:13,914 cause then they'll know you did it, just like I do. 592 00:25:13,947 --> 00:25:15,982 I have an obligation to protect you, Alex, 593 00:25:16,016 --> 00:25:17,017 and your fat mouth. 594 00:25:17,050 --> 00:25:18,284 You listen to me! 595 00:25:18,318 --> 00:25:19,720 You don't want to mess with me! 596 00:25:19,753 --> 00:25:22,088 Eugene, stop it! 597 00:25:36,002 --> 00:25:39,906 Mr. Dickson, our defense is the state 598 00:25:39,940 --> 00:25:41,908 hasn't satisfied its burden of proof. 599 00:25:41,942 --> 00:25:42,809 With that strategy, 600 00:25:42,843 --> 00:25:44,911 it's better not to call any witnesses. 601 00:25:44,945 --> 00:25:46,246 That's why we're not calling you. 602 00:25:47,313 --> 00:25:48,849 Certainly, it's your right to testify, 603 00:25:48,882 --> 00:25:51,752 and if you insist, we will allow you to do so, 604 00:25:51,785 --> 00:25:52,953 but it is our collective judgment 605 00:25:52,986 --> 00:25:55,789 it's better for us to rest 606 00:25:55,822 --> 00:25:57,658 without putting on a defense, 607 00:25:57,691 --> 00:25:59,893 and focus the jury on the state's failure 608 00:25:59,926 --> 00:26:01,595 to make its burden. 609 00:26:01,628 --> 00:26:04,831 And as it stands, we have a very good chance. 610 00:26:09,736 --> 00:26:11,071 I don't know what's going on, 611 00:26:11,104 --> 00:26:15,341 but gay bashing seems to be coming back into style. 612 00:26:15,375 --> 00:26:17,611 We've got radio talk show hosts 613 00:26:17,644 --> 00:26:19,946 proudly declaring their prejudices, 614 00:26:19,980 --> 00:26:24,618 churches and politicians calling gay people "sick," 615 00:26:24,651 --> 00:26:26,319 voters coming out in droves 616 00:26:26,352 --> 00:26:28,922 to support bans on gay marriages. 617 00:26:28,955 --> 00:26:31,592 What is going on? 618 00:26:32,125 --> 00:26:34,127 As far as fear of AIDS goes, 619 00:26:34,995 --> 00:26:37,931 you want something really to be scared about? 620 00:26:39,099 --> 00:26:42,068 Abolish people's right to medical privacy, 621 00:26:42,102 --> 00:26:44,104 and they simply won't get tested. 622 00:26:45,271 --> 00:26:47,741 They'll stop going to the doctors. 623 00:26:47,774 --> 00:26:49,643 Then watch the disease spread -- 624 00:26:49,676 --> 00:26:51,011 Many diseases. 625 00:26:52,713 --> 00:26:55,782 This man went and got tested, 626 00:26:57,083 --> 00:26:58,685 and he was punished for it. 627 00:27:00,153 --> 00:27:03,123 Is that the message we want to be sending? 628 00:27:03,156 --> 00:27:05,225 Because if that's it, 629 00:27:05,258 --> 00:27:09,062 then a plague on all our houses. 630 00:27:14,701 --> 00:27:16,402 What's he talking about -- 631 00:27:16,436 --> 00:27:18,805 gay backlash? 632 00:27:18,839 --> 00:27:22,008 Gays have got more special treatment going 633 00:27:22,042 --> 00:27:23,343 than anybody. 634 00:27:23,376 --> 00:27:26,680 We got special AIDS laws. 635 00:27:26,713 --> 00:27:28,849 Hollywood -- the Emmys, the Oscars -- 636 00:27:28,882 --> 00:27:31,752 they all got those red ribbons on, don't they, 637 00:27:31,785 --> 00:27:33,319 in honor of AIDS? 638 00:27:33,353 --> 00:27:36,122 My dad died of a heart attack. 639 00:27:36,156 --> 00:27:39,726 Where's the ribbon for cardiovascular disease? 640 00:27:39,760 --> 00:27:42,162 And now, when a person has 641 00:27:42,195 --> 00:27:45,398 a fatal, deadly, infectious disease, 642 00:27:45,431 --> 00:27:49,836 there's a law that says you can't even warn people. 643 00:27:49,870 --> 00:27:51,772 Nobody's saying we should discriminate 644 00:27:51,805 --> 00:27:53,707 against people with AIDS, 645 00:27:53,740 --> 00:27:56,442 but where's the law to protect you and me? 646 00:27:56,476 --> 00:27:58,344 Where's the legislation 647 00:27:58,378 --> 00:28:01,347 to protect Mr. Mayfield's co-workers? 648 00:28:01,381 --> 00:28:03,817 If he dropped, a dozen different people 649 00:28:03,850 --> 00:28:05,886 would be giving him mouth-to-mouth. 650 00:28:05,919 --> 00:28:08,021 If he got cut playing basketball, 651 00:28:08,054 --> 00:28:11,057 his teammates would help tend to it. 652 00:28:11,091 --> 00:28:12,759 They don't have a right to know 653 00:28:12,793 --> 00:28:15,361 they could be risking their lives? 654 00:28:15,395 --> 00:28:18,098 How nuts is that? 655 00:28:18,131 --> 00:28:20,934 Doesn't Mr. Hynes owe some duty 656 00:28:20,967 --> 00:28:23,236 to look out for the people who work for him? 657 00:28:23,269 --> 00:28:26,873 He did the moral thing, 658 00:28:26,907 --> 00:28:29,375 the reasonable thing. 659 00:28:29,409 --> 00:28:32,412 And let's remind ourselves one more time -- 660 00:28:32,445 --> 00:28:34,848 the plaintiff didn't get fired. 661 00:28:34,881 --> 00:28:36,249 Nobody beat him up. 662 00:28:36,282 --> 00:28:38,351 Mr. Mayfield says he even felt depressed 663 00:28:38,384 --> 00:28:40,120 by the people who were trying to help him, 664 00:28:40,153 --> 00:28:41,788 for God's sakes. 665 00:28:41,822 --> 00:28:44,057 Maybe we should pass another law. 666 00:28:44,090 --> 00:28:46,392 It's a crime to show too much sympathy 667 00:28:46,426 --> 00:28:47,761 for people with AIDS. 668 00:28:49,295 --> 00:28:50,330 Enough... 669 00:28:51,464 --> 00:28:52,498 is enough. 670 00:29:10,951 --> 00:29:12,418 How we doing? 671 00:29:12,452 --> 00:29:14,254 I think okay. 672 00:29:17,157 --> 00:29:18,458 How you doing? 673 00:29:20,894 --> 00:29:22,863 I'm fine, Lindsay. Eugene -- 674 00:29:22,896 --> 00:29:24,998 Don't start playing psychologist with me, okay? 675 00:29:27,100 --> 00:29:28,869 Are you seeing a psychologist? 676 00:29:28,902 --> 00:29:31,004 Because I think you should be. 677 00:29:31,037 --> 00:29:32,205 That right? 678 00:29:32,238 --> 00:29:37,477 Yes. Every time you take cases like this, you turn angry. 679 00:29:37,511 --> 00:29:39,012 I mean, the Rabbi rapist-- It doesn't have to be fun, Lindsay. 680 00:29:39,045 --> 00:29:40,581 The pedophile who killed-- What am I supposed to do, be all happy and giddy? 681 00:29:40,614 --> 00:29:41,815 those kids, who you then beat up in court! 682 00:29:41,848 --> 00:29:45,051 These cases don't bother me, okay? Whatever you're feeling -- 683 00:29:45,085 --> 00:29:47,087 I don't feel anything. I'm a defense attorney. 684 00:29:47,120 --> 00:29:50,356 It's not my job to feel. Why can't people see that? 685 00:30:00,500 --> 00:30:03,369 I have work to do here, Lindsay. 686 00:30:12,579 --> 00:30:13,947 I think I should do the closing. 687 00:30:13,980 --> 00:30:16,016 I will do it. 688 00:30:16,049 --> 00:30:17,350 If you can't do your best -- 689 00:30:17,383 --> 00:30:19,085 I will do my very best. 690 00:30:20,554 --> 00:30:21,555 Cases like this -- 691 00:30:23,423 --> 00:30:25,391 I get so afraid I'll let my personal disgust 692 00:30:25,425 --> 00:30:27,193 affect my, uh... 693 00:30:30,363 --> 00:30:33,399 I compensate by trying harder. 694 00:30:35,902 --> 00:30:38,338 If anything, I try even harder for the guilty. 695 00:30:42,342 --> 00:30:44,410 How sick is that? 696 00:31:00,360 --> 00:31:01,394 They've reached a verdict already? 697 00:31:01,427 --> 00:31:02,629 I'm on my way. 698 00:31:02,663 --> 00:31:06,199 Jimmy, my spies down at the courthouse 699 00:31:06,232 --> 00:31:09,202 said that your closing seemed a little rednecked. 700 00:31:09,235 --> 00:31:10,336 What spies? 701 00:31:10,370 --> 00:31:12,673 I got spies. What about your closing? 702 00:31:12,706 --> 00:31:14,941 I went with what I thought would be effective. 703 00:31:14,975 --> 00:31:16,109 Redneck? 704 00:31:16,142 --> 00:31:18,478 Red, white and blue. 705 00:31:19,412 --> 00:31:20,480 I better go. 706 00:31:24,718 --> 00:31:26,620 (door opens) 707 00:31:26,653 --> 00:31:28,889 (horn blows) 708 00:31:30,423 --> 00:31:34,094 If there is a question defense attorneys get asked 709 00:31:34,127 --> 00:31:36,496 more than anything else, it's... 710 00:31:38,632 --> 00:31:39,666 "how can you do it?" 711 00:31:42,035 --> 00:31:45,972 How can you walk into court day after day after day 712 00:31:46,006 --> 00:31:48,108 defending the scum of the earth, 713 00:31:48,141 --> 00:31:50,644 then go home and sleep? 714 00:31:54,280 --> 00:31:56,683 Well, I got myself a pretty good piece of scum 715 00:31:56,717 --> 00:31:58,351 in this one, don't I? 716 00:31:58,384 --> 00:31:59,653 He raped a dead woman. 717 00:32:00,987 --> 00:32:02,288 Hard enough for me to even look at him, 718 00:32:02,322 --> 00:32:04,024 let alone defend him, 719 00:32:04,057 --> 00:32:06,560 but the answer to the question is, 720 00:32:06,593 --> 00:32:08,562 I don't come in here day after day 721 00:32:08,595 --> 00:32:10,463 representing people like him. 722 00:32:10,496 --> 00:32:13,299 I represent you and me. 723 00:32:13,333 --> 00:32:15,435 I'm in here making sure the prosecution 724 00:32:15,468 --> 00:32:17,571 lives up to its burden of proving guilt 725 00:32:17,604 --> 00:32:19,239 beyond a reasonable doubt 726 00:32:19,272 --> 00:32:21,575 before they get to incarcerate people, 727 00:32:21,608 --> 00:32:23,644 because if they don't live up to that burden, 728 00:32:23,677 --> 00:32:25,445 if we start letting them convict 729 00:32:25,478 --> 00:32:27,347 without meeting that criteria, 730 00:32:27,380 --> 00:32:29,550 then innocent people are at risk -- 731 00:32:29,583 --> 00:32:33,019 you and me... 732 00:32:33,053 --> 00:32:35,055 and maybe him, too. 733 00:32:35,088 --> 00:32:37,057 I don't know. Maybe he killed that woman, 734 00:32:37,090 --> 00:32:38,625 maybe he didn't. I can't tell you. 735 00:32:38,659 --> 00:32:43,096 What I can say is they didn't satisfy their burden. 736 00:32:43,129 --> 00:32:45,431 There is doubt all over the place. 737 00:32:45,465 --> 00:32:47,467 Nobody saw him commit a murder. 738 00:32:47,500 --> 00:32:49,570 The coroner himself said the murder could have happened 739 00:32:49,603 --> 00:32:52,072 hours before the police officer found him. 740 00:32:52,105 --> 00:32:53,774 It is not likely he's going to hang around 741 00:32:53,807 --> 00:32:55,475 with his victims for hours, is it? 742 00:32:55,509 --> 00:32:59,045 No thumbprints or bruises on the neck matching my client. 743 00:32:59,079 --> 00:33:01,682 The victim smelled like garbage. Why? 744 00:33:01,715 --> 00:33:03,383 Because she was in that dumpster 745 00:33:03,416 --> 00:33:06,386 just like my client said she was when he found her. 746 00:33:06,419 --> 00:33:10,156 One witness who places my client with the victim alive 747 00:33:10,190 --> 00:33:13,126 turns out to be a drunk, likely drunk at the time. 748 00:33:13,159 --> 00:33:16,396 Can we really trust his powers of observation 749 00:33:16,429 --> 00:33:17,798 or his credibility? 750 00:33:17,831 --> 00:33:20,433 The testimony he gave was part of a deal 751 00:33:20,466 --> 00:33:21,568 that kept him out of jail. 752 00:33:21,602 --> 00:33:24,304 Deal. What I should say is bribe. 753 00:33:24,337 --> 00:33:27,741 He had a motive to lie. 754 00:33:27,774 --> 00:33:29,375 Now, the only thing they can prove 755 00:33:29,409 --> 00:33:32,312 is that my client was having sex with a dead body. 756 00:33:32,345 --> 00:33:33,346 Does that make him vile? 757 00:33:33,379 --> 00:33:35,448 Absolutely, but it in no way proves 758 00:33:35,481 --> 00:33:36,583 he committed a homicide. 759 00:33:36,617 --> 00:33:40,486 It certainly doesn't prove it beyond a reasonable doubt. 760 00:33:40,521 --> 00:33:44,691 Ms. Gamble started things off calling this "ugly." 761 00:33:44,725 --> 00:33:46,092 It is. 762 00:33:46,126 --> 00:33:47,794 Sometimes the job is ugly. 763 00:33:47,828 --> 00:33:51,497 I got to come in here and fight for a system I believe in 764 00:33:51,532 --> 00:33:54,167 even when I don't like my client. 765 00:33:54,200 --> 00:33:56,102 And it gets ugly for juries, too, 766 00:33:56,136 --> 00:33:58,171 'cause doing your job here 767 00:33:58,204 --> 00:34:01,542 means finding that man not guilty. 768 00:34:01,575 --> 00:34:05,145 It absolutely means that under the facts we have. 769 00:34:05,178 --> 00:34:08,081 Now, I can't stop you from saying, 770 00:34:08,114 --> 00:34:09,349 "the hell with the rules." 771 00:34:09,382 --> 00:34:10,784 I can't prevent you 772 00:34:10,817 --> 00:34:12,418 from lowering the burden of proof 773 00:34:12,452 --> 00:34:14,154 if that's what you choose to do. 774 00:34:14,187 --> 00:34:16,489 I will ask you to consider -- 775 00:34:17,858 --> 00:34:21,127 what if one day you or somebody you love 776 00:34:21,161 --> 00:34:24,765 is charged with a crime you or he didn't commit? 777 00:34:24,798 --> 00:34:27,601 How would you feel if you, he, or she 778 00:34:27,634 --> 00:34:30,504 got a jury who dispensed with the burden of proof 779 00:34:30,537 --> 00:34:33,139 and just said, "close enough"? 780 00:34:34,741 --> 00:34:36,743 It happens. 781 00:34:37,778 --> 00:34:39,513 It goes against the very grain 782 00:34:39,546 --> 00:34:41,548 of our criminal justice system, but it happens. 783 00:34:41,582 --> 00:34:44,350 It violates every principle of our constitution, 784 00:34:44,384 --> 00:34:45,118 but it happens. 785 00:34:45,151 --> 00:34:46,887 The only question we have here -- 786 00:34:46,920 --> 00:34:49,289 is it going to happen today? 787 00:34:50,757 --> 00:34:54,160 It is possible that he did find her dead. 788 00:34:54,194 --> 00:34:55,461 It's possible. There's nothing they can do 789 00:34:55,495 --> 00:34:57,163 to disprove that possibility, 790 00:34:57,197 --> 00:34:58,699 definitely not beyond a reasonable doubt. 791 00:34:58,732 --> 00:35:00,300 That's a fact -- 792 00:35:00,333 --> 00:35:03,169 a fact you can take back into that room. 793 00:35:07,373 --> 00:35:10,577 In order for the system to work, 794 00:35:10,611 --> 00:35:13,413 we need the defense attorneys to do their jobs 795 00:35:13,446 --> 00:35:16,883 even when it's unpopular to do so. 796 00:35:16,917 --> 00:35:20,654 In order for the system to work, 797 00:35:22,388 --> 00:35:26,292 we need the juries to do their jobs. 798 00:35:30,764 --> 00:35:32,465 Like Ms. Gamble said, 799 00:35:35,501 --> 00:35:37,170 sometimes the job is ugly. 800 00:36:04,531 --> 00:36:06,667 In very few cases 801 00:36:06,700 --> 00:36:08,802 is the defendant actually seen 802 00:36:08,835 --> 00:36:11,572 committing the murder. 803 00:36:11,605 --> 00:36:14,307 The jury is allowed to consider 804 00:36:14,340 --> 00:36:17,544 circumstantial evidence when making its finding. 805 00:36:17,578 --> 00:36:21,615 Here, the defendant was found raping the victim 806 00:36:21,648 --> 00:36:24,417 while her body was still warm. 807 00:36:25,852 --> 00:36:27,854 Our system of criminal justice 808 00:36:27,888 --> 00:36:31,191 doesn't preclude you from using common sense. 809 00:36:32,693 --> 00:36:35,829 Anything is possible, ladies and gentlemen, 810 00:36:35,862 --> 00:36:38,832 and our burden -- 811 00:36:38,865 --> 00:36:42,368 it isn't proof beyond all doubt. 812 00:36:42,402 --> 00:36:47,407 It's proof beyond all reasonable doubt. 813 00:36:47,440 --> 00:36:49,409 He was seen with her alive, 814 00:36:49,442 --> 00:36:51,578 he was discovered with her dead. 815 00:36:52,913 --> 00:36:54,347 Gee, I wonder what happened. 816 00:37:15,301 --> 00:37:17,871 In the matter of Mayfield Vs Strobe Industries 817 00:37:17,904 --> 00:37:20,507 We find in favor of the plaintiff 818 00:37:20,541 --> 00:37:23,610 Wayne Mayfield, and order the defendant 819 00:37:23,644 --> 00:37:27,581 to pay damages in the amount of $25. 820 00:37:27,848 --> 00:37:28,882 (indistinct chatter) 821 00:37:28,915 --> 00:37:31,885 The jury is dismissed with the thanks of the court. 822 00:37:31,918 --> 00:37:33,386 We are adjourned. 823 00:37:33,419 --> 00:37:35,689 (bangs gavel) 824 00:37:35,722 --> 00:37:37,323 Did he say $25? 825 00:37:37,357 --> 00:37:38,592 Yep. 826 00:37:39,526 --> 00:37:42,495 (chuckles) We won, basically. 827 00:37:42,529 --> 00:37:46,332 Yeah, you did, Pete. You're a big winner. 828 00:37:46,366 --> 00:37:48,034 It was your closing, Jimmy. 829 00:37:48,068 --> 00:37:51,337 Well, you inspired it. 830 00:37:54,841 --> 00:37:57,711 You got something to say? 831 00:37:57,744 --> 00:37:59,379 Yeah. 832 00:37:59,412 --> 00:38:01,582 I think you're a bigot. 833 00:38:01,615 --> 00:38:04,384 I also think you revealing his condition -- 834 00:38:04,417 --> 00:38:06,452 You probably meant to create a climate 835 00:38:06,486 --> 00:38:09,355 that would make him want to leave. 836 00:38:09,389 --> 00:38:11,692 Mission accomplished, Pete. 837 00:38:11,725 --> 00:38:15,529 Hey, growing up, 838 00:38:15,562 --> 00:38:17,764 I mean, you thought they were just as sick as I did. 839 00:38:17,798 --> 00:38:18,832 Come on. 840 00:38:19,900 --> 00:38:23,036 The difference is I grew up. 841 00:38:39,786 --> 00:38:41,788 Did I handle myself okay? 842 00:38:43,724 --> 00:38:46,426 You did great. 843 00:38:46,459 --> 00:38:47,761 I got goose bumps. 844 00:38:47,794 --> 00:38:50,797 I was suddenly proud to be a defense attorney again. 845 00:38:50,831 --> 00:38:53,499 I'm not so sure you should be that proud. 846 00:38:55,836 --> 00:38:57,337 Do you really mean that? 847 00:38:59,606 --> 00:39:02,475 You know, we're trained not to ask ourselves 848 00:39:02,509 --> 00:39:04,410 the big question -- 849 00:39:04,444 --> 00:39:06,880 "how can you defend murderers and rapists?" 850 00:39:06,913 --> 00:39:09,049 We're trained not to go near that 851 00:39:09,082 --> 00:39:11,552 because if we do, we'll end up a mess. 852 00:39:11,585 --> 00:39:15,622 So we stay away -- far away -- 853 00:39:15,656 --> 00:39:19,893 till one day we don't even recognize the question. 854 00:39:20,894 --> 00:39:22,395 And when people ask us, 855 00:39:22,428 --> 00:39:23,997 we just look at them like, 856 00:39:24,030 --> 00:39:27,768 "you don't get it, that's all," 857 00:39:27,801 --> 00:39:30,704 like they're the ones who are lost. 858 00:39:31,872 --> 00:39:33,507 Then it hits you -- 859 00:39:35,776 --> 00:39:37,778 maybe we're the ones who are lost. 860 00:39:45,719 --> 00:39:50,390 There is honor in what you do, Eugene. 861 00:39:50,924 --> 00:39:53,827 You may not believe your own words in there, 862 00:39:54,928 --> 00:39:57,063 but I do. 863 00:39:59,700 --> 00:40:03,069 She said I can't feel. 864 00:40:03,103 --> 00:40:04,470 Who? 865 00:40:04,505 --> 00:40:05,739 Sharon. 866 00:40:08,074 --> 00:40:09,543 And she's right. 867 00:40:11,211 --> 00:40:13,547 I can't feel. 868 00:40:13,580 --> 00:40:15,816 I'm afraid to let myself feel. 869 00:40:17,584 --> 00:40:21,154 Maybe that's why I can be so damn honorable. 870 00:40:32,999 --> 00:40:34,200 Lock up when you go? 871 00:40:34,234 --> 00:40:36,202 Yeah. 872 00:40:38,572 --> 00:40:40,106 Hey, ma. 873 00:40:40,140 --> 00:40:42,142 Nah, I'm still at the office. 874 00:40:42,175 --> 00:40:44,110 Just getting ready to leave. 875 00:40:44,945 --> 00:40:47,514 Oh, you got company? I'll let you go. 876 00:40:49,616 --> 00:40:50,751 No, no, nothing's wrong. 877 00:40:50,784 --> 00:40:53,654 I was just calling to say hi, that's all. 878 00:40:55,055 --> 00:40:56,557 How's everything going? 879 00:40:59,025 --> 00:41:01,127 Yeah, same. 880 00:41:01,161 --> 00:41:02,495 Pretty normal. 881 00:41:03,764 --> 00:41:05,732 No, no, nothing's wrong. 882 00:41:05,766 --> 00:41:08,068 I was just calling -- 883 00:41:09,135 --> 00:41:12,272 let you know I was thinking of you, that's all. 884 00:41:12,305 --> 00:41:15,041 Well, we'll talk tomorrow. 885 00:41:16,610 --> 00:41:17,611 All right. 886 00:41:19,079 --> 00:41:20,747 Love you, too. 887 00:41:55,248 --> 00:41:56,282 (clears throat) 888 00:41:56,316 --> 00:41:57,884 Will the defendant please rise? 889 00:42:00,654 --> 00:42:02,523 Has the jury reached its verdict? 890 00:42:03,657 --> 00:42:04,658 We have, your honor. 891 00:42:04,691 --> 00:42:05,692 What say you? 892 00:42:09,730 --> 00:42:11,665 Count 32623. 893 00:42:11,698 --> 00:42:14,601 On the charge of murder in the first degree, 894 00:42:14,635 --> 00:42:16,903 we find the defendant Alex Dickson... 895 00:42:18,038 --> 00:42:19,272 not guilty. 896 00:42:20,373 --> 00:42:22,175 On the count of murder in the second degree, 897 00:42:22,208 --> 00:42:24,711 we find the defendant, not guilty. 898 00:42:25,846 --> 00:42:28,915 On the count of lascivious and unnatural acts, 899 00:42:28,949 --> 00:42:32,719 we find the defendant, guilty. 900 00:42:32,753 --> 00:42:34,588 The defendant is sentenced six months, 901 00:42:34,621 --> 00:42:35,956 credited with time served. 902 00:42:35,989 --> 00:42:37,724 He's free to go. 903 00:42:37,758 --> 00:42:39,192 This concludes the jury's service. 904 00:42:39,225 --> 00:42:40,093 We are adjourned. 905 00:42:40,126 --> 00:42:41,327 (bangs gavel) 906 00:42:41,361 --> 00:42:44,598 (indistinct chatter) 907 00:42:44,631 --> 00:42:46,332 I don't believe it. 908 00:42:46,366 --> 00:42:47,801 I don't believe it. 909 00:42:47,834 --> 00:42:49,870 So, can I go? 910 00:42:49,903 --> 00:42:51,337 Check with probation, and then you can go. 911 00:43:02,015 --> 00:43:04,284 MAN: Here he comes! Mr. Young, over here! 912 00:43:04,317 --> 00:43:07,320 (reporters shouting questions) 913 00:43:07,353 --> 00:43:08,221 Mr. Young! 914 00:43:08,254 --> 00:43:09,289 Please come back over here! 915 00:43:09,322 --> 00:43:11,658 Say something to the press! 916 00:43:39,152 --> 00:43:41,087 (music playing) 917 00:44:05,445 --> 00:44:06,647 You stinker!