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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:02,076 --> 00:00:06,154 either by confession, plea bargain, or trial by jury. 2 00:00:06,569 --> 00:00:08,669 This is one of those trials. 3 00:00:10,638 --> 00:00:12,421 I was coming home from work, 4 00:00:13,080 --> 00:00:15,791 and I turned the corner onto Lennox Avenue. 5 00:00:18,067 --> 00:00:19,117 And I see Ana. 6 00:00:21,095 --> 00:00:22,414 I know it's not her. 7 00:00:22,731 --> 00:00:24,978 I mean, I know she's dead. 8 00:00:26,906 --> 00:00:27,980 But there she is. 9 00:00:31,155 --> 00:00:32,254 And I freak. 10 00:00:32,765 --> 00:00:36,892 They're all dead. Max, Ariadne, Jose, 11 00:00:37,892 --> 00:00:38,625 Ana. 12 00:00:40,262 --> 00:00:42,896 And I'm standing right there in the street. 13 00:00:42,971 --> 00:00:44,247 And I can't move. 14 00:00:44,533 --> 00:00:48,929 It's like eight years ago, and I'm right back there in that restaurant... 15 00:00:49,735 --> 00:00:51,517 ... feeling like I'm gonna die. 16 00:00:52,664 --> 00:00:55,154 - When was this? - Two days ago. 17 00:00:55,399 --> 00:00:58,305 Right after I heard he was getting out. 18 00:00:59,646 --> 00:01:02,796 I thought life without parole meant he was gonna die in prison. 19 00:01:04,041 --> 00:01:04,896 What happened? 20 00:01:04,994 --> 00:01:08,852 The fingerprint expert lied on the stand. 21 00:01:08,948 --> 00:01:13,221 The print that put Kenny Thompson at the crime scene wasn't his. 22 00:01:14,514 --> 00:01:18,373 Marisol, I know that your injuries made you unavailable for the first trial, 23 00:01:18,421 --> 00:01:21,034 but this time around, your testimony will be crucial. 24 00:01:21,645 --> 00:01:23,159 I wish I can help you. 25 00:01:24,672 --> 00:01:25,404 But... 26 00:01:27,782 --> 00:01:29,921 I don't remember anything that happened that night. 27 00:01:30,385 --> 00:01:31,216 Nothing. 28 00:01:36,476 --> 00:01:38,772 Kenny, it's been a while. 29 00:01:40,139 --> 00:01:41,385 This man's my lawyer. 30 00:01:42,226 --> 00:01:44,643 Been working two years on my appeal pro bono. 31 00:01:44,936 --> 00:01:46,475 That means for free. 32 00:01:47,427 --> 00:01:48,795 Do me a favor, Roy. 33 00:01:48,964 --> 00:01:51,455 Uncuff me so I can shake his hand. 34 00:01:53,531 --> 00:01:54,898 You're a good man, Roy. 35 00:01:56,387 --> 00:01:58,390 A good man in a bad place. 36 00:02:02,337 --> 00:02:03,925 Thanks to you I'm gonna be free. 37 00:02:04,364 --> 00:02:05,878 I owe you my life. 38 00:02:08,936 --> 00:02:12,526 I heard Thompson's getting a new trial. That's too bad. 39 00:02:12,793 --> 00:02:17,457 That fingerprint was the only piece of evidence linking Thompson to the crime scene. 40 00:02:18,531 --> 00:02:20,851 Well, cut yourself a break. It's not your fault, Nick. 41 00:02:21,851 --> 00:02:23,316 Everyone's had a witness lie. 42 00:02:24,317 --> 00:02:26,466 The FBI guy said it was a match. 43 00:02:26,832 --> 00:02:30,691 Apparently this guy Tanner's been giving bogus testimony on cases for years. 44 00:02:31,813 --> 00:02:35,549 Justice has launched an investigation into every case he's ever testified on. 45 00:02:35,890 --> 00:02:39,749 And every D.A. he's ever testified for. 46 00:02:40,773 --> 00:02:43,312 And right now I'm in the bull's-eye. 47 00:02:44,801 --> 00:02:46,779 I just came from Branch's office. 48 00:02:48,073 --> 00:02:49,416 I've been sidelined. 49 00:02:52,676 --> 00:02:54,214 You're gonna replace me. 50 00:02:55,508 --> 00:02:57,486 The only reason I didn't argue about it. 51 00:03:00,344 --> 00:03:01,345 Trace, 52 00:03:03,332 --> 00:03:05,725 Thompson can't stay on the streets. 53 00:03:06,653 --> 00:03:07,752 I know. 54 00:03:08,190 --> 00:03:11,633 - He's a bad guy. - No, we see bad guys all the time. 55 00:03:12,341 --> 00:03:15,857 Kenny Thompson is a bad guy. 56 00:03:20,964 --> 00:03:32,108 Law and Order Trial By Jury Episode 1x09 - The Line 57 00:03:33,473 --> 00:03:45,754 Transcript provided by Raceman Subtitles: The TbJ Team 58 00:03:46,664 --> 00:04:00,765 www.forom.com www.lawandorder-fr.com 59 00:04:03,547 --> 00:04:05,574 I say we plead him out. 60 00:04:05,812 --> 00:04:07,899 Man One. Time served plus ten. 61 00:04:08,091 --> 00:04:10,533 Nick Forster says we can't win it. 62 00:04:10,800 --> 00:04:14,234 Well, that's because he just had a conviction overturned. He's spooked. 63 00:04:14,387 --> 00:04:15,722 That makes two of us. 64 00:04:16,235 --> 00:04:19,881 If we plead out, it looks like we're admitting Forster did something wrong. 65 00:04:20,011 --> 00:04:23,364 Look, just have a look at Thompson's confession. 66 00:04:29,781 --> 00:04:30,906 We didn't want no trouble, man. 67 00:04:30,960 --> 00:04:32,647 That's why we had everybody taped up on the floor, man. 68 00:04:32,674 --> 00:04:34,496 Everybody cooperate, nobody get hurt. 69 00:04:34,543 --> 00:04:35,336 Oh, really? 70 00:04:35,441 --> 00:04:38,005 So how did your boy Colfax end up dead on the floor? 71 00:04:38,349 --> 00:04:41,917 The side door opened and this crazy bitch come running outta nowhere, and she caps Shawn. 72 00:04:41,970 --> 00:04:43,688 Oh, really? So you shot her. 73 00:04:43,743 --> 00:04:46,291 I thought she was trying to kill me! It was self-defense. 74 00:04:46,451 --> 00:04:47,698 So why'd you shoot the rest of 'em? 75 00:04:52,361 --> 00:04:54,007 I want a lawyer, man. 76 00:04:54,111 --> 00:04:55,306 - What's the matter, Ken? - He wants a lawyer. 77 00:04:55,385 --> 00:04:58,146 Seeing your buddy die make you piss yourself? 78 00:04:58,199 --> 00:05:00,376 So you shoot four helpless people? 79 00:05:01,816 --> 00:05:04,365 I don't feel so good. I want a lawyer. 80 00:05:04,657 --> 00:05:06,064 Sure you don't want your mommy? 81 00:05:06,191 --> 00:05:06,999 Come on. 82 00:05:10,479 --> 00:05:11,927 You wanna know what really happened? 83 00:05:12,170 --> 00:05:13,451 Right there. 84 00:05:13,534 --> 00:05:15,650 That's what got the whole confession thrown out. 85 00:05:15,873 --> 00:05:18,156 The judge felt Thompson invoked his right to counsel, 86 00:05:18,156 --> 00:05:19,966 and the cops kept questioning him. 87 00:05:20,105 --> 00:05:21,052 The judge is an idiot. 88 00:05:21,163 --> 00:05:22,973 Thompson reinitiated on his own. 89 00:05:23,112 --> 00:05:23,920 Yeah. 90 00:05:24,894 --> 00:05:27,846 Thompson talked about those murders like some guys talk about sex. 91 00:05:28,987 --> 00:05:32,412 Like he got off on killing those four kids. 92 00:05:34,367 --> 00:05:37,569 I don't want this guy back on my island in ten years. 93 00:05:41,628 --> 00:05:42,547 No plea? 94 00:05:43,048 --> 00:05:44,746 You must have been very convincing. 95 00:05:44,830 --> 00:05:46,361 The tape sold him. 96 00:05:46,584 --> 00:05:50,064 So do we find new grounds to reargue the confession's admissibility? 97 00:05:50,148 --> 00:05:51,428 It's worth a try. 98 00:05:51,484 --> 00:05:53,962 This case could sure use a nice, juicy confession. 99 00:05:53,990 --> 00:05:58,361 Half the witnesses are either dead, missing, or in rehab. 100 00:05:58,528 --> 00:06:00,700 Sounds like a list of my ex-boyfriends. 101 00:06:02,934 --> 00:06:04,242 Did we pass it? 102 00:06:04,381 --> 00:06:06,664 No, this is it. It must be a beauty salon now. 103 00:06:06,748 --> 00:06:07,750 Manicure? 104 00:06:08,140 --> 00:06:10,173 Oh, thanks. Some other time. 105 00:06:11,921 --> 00:06:16,153 Wow, it's hard to imagine this is the site of a massacre. 106 00:06:18,631 --> 00:06:21,220 Well, it was a spring night. People were outside. 107 00:06:22,223 --> 00:06:24,199 That must be where Charlie Lansing lived. 108 00:06:25,508 --> 00:06:30,019 That's the stoop he was sitting on when Thompson and Colfax walked by. 109 00:06:36,258 --> 00:06:37,510 Charlie! 110 00:06:40,514 --> 00:06:43,048 You must have the wrong guy. Name's John. 111 00:06:43,104 --> 00:06:44,941 You're a hard man to find. 112 00:06:45,860 --> 00:06:48,282 You change your name. Move out the city. 113 00:06:49,146 --> 00:06:50,816 Nothing wrong with wanting to start over. 114 00:06:50,844 --> 00:06:52,320 You read the papers lately? 115 00:06:52,542 --> 00:06:53,238 Yeah. 116 00:06:53,879 --> 00:06:55,187 Kenny Thompson. 117 00:06:55,995 --> 00:06:57,332 I'm not getting involved. 118 00:06:57,624 --> 00:07:00,324 I got death threats the first time around from Thompson's boys. 119 00:07:00,408 --> 00:07:02,385 Thompson doesn't have boys anymore. 120 00:07:03,429 --> 00:07:05,183 Paper's saying he might be innocent. 121 00:07:05,935 --> 00:07:07,689 - There's new evidence. - Nothin' new. 122 00:07:07,717 --> 00:07:09,471 Some old evidence gone bad. 123 00:07:10,084 --> 00:07:11,865 I didn't actually see him commit a crime. 124 00:07:11,893 --> 00:07:15,986 You saw Thompson and Colfax outside the restaurant five minutes before the robbery began. 125 00:07:16,237 --> 00:07:17,267 That's good enough. 126 00:07:17,685 --> 00:07:19,411 Wish I'd never seen anything. 127 00:07:19,783 --> 00:07:22,306 Talk about being in the wrong place at the wrong time. 128 00:07:22,362 --> 00:07:25,119 Those four dead kids, they were in the wrong place. 129 00:07:25,341 --> 00:07:27,569 And the families, they're grateful you saw what you did. 130 00:07:28,432 --> 00:07:29,768 We need you, Charlie. 131 00:07:36,103 --> 00:07:37,551 Kenny, come on in. 132 00:07:39,026 --> 00:07:40,446 This is my wife Leigh. 133 00:07:40,766 --> 00:07:42,381 She's one of the partners here. 134 00:07:42,381 --> 00:07:44,135 - Honourly. - I'm doing well. 135 00:07:44,163 --> 00:07:47,838 We got a lot of pro bono requests and accept very few cases. 136 00:07:48,006 --> 00:07:51,180 - Your passion for justice is impressive. - Passion's easy. 137 00:07:51,430 --> 00:07:54,103 What's hard is getting anyone to listen when you're just another black kid... 138 00:07:54,159 --> 00:07:56,275 ... with a return address that says Sing Sing. 139 00:07:57,165 --> 00:07:58,947 But Todd here stepped up. 140 00:07:59,030 --> 00:08:00,729 He certainly did. 141 00:08:01,199 --> 00:08:05,654 Listen, Leigh is on the board of the exonerated project. 142 00:08:05,709 --> 00:08:07,519 And they're having a benefit next week. 143 00:08:07,547 --> 00:08:09,190 It's a heavy-hitting crowd. 144 00:08:09,332 --> 00:08:12,115 It might be the place to start getting your side of the story out. 145 00:08:12,202 --> 00:08:13,536 Just tell me where and when. 146 00:08:13,591 --> 00:08:16,407 Great, I'll let you two get to work. 147 00:08:18,715 --> 00:08:21,917 So, I've got their witness list. 148 00:08:23,032 --> 00:08:24,507 Married the boss, huh? 149 00:08:27,875 --> 00:08:29,101 Yeah. 150 00:08:29,630 --> 00:08:30,910 No surprises here. 151 00:08:30,966 --> 00:08:34,224 Looks like the prosecution case rests with your association with Colfax, 152 00:08:34,279 --> 00:08:36,952 and the fact that you had worked at The Burger Kastle. 153 00:08:37,286 --> 00:08:39,541 So did every other 16-year-old on my block. 154 00:08:40,321 --> 00:08:42,771 They're the only place that would hire kids from the projects. 155 00:08:44,748 --> 00:08:47,839 We need to make a list of every kid that worked there, 156 00:08:47,867 --> 00:08:50,010 and ask if they were questioned. 157 00:08:50,233 --> 00:08:53,324 Point up the fact that this is a rush to judgment. 158 00:08:55,161 --> 00:08:57,027 I'd be happy to talk to her, Tracy. 159 00:08:57,584 --> 00:09:00,591 But I'm a forensics psychiatrist, not a therapist. 160 00:09:00,981 --> 00:09:04,155 And Marisol is a witness, not a suspect. 161 00:09:04,266 --> 00:09:08,080 Without the fingerprint I have nothing that puts Kenny Thompson at that restaurant. 162 00:09:08,192 --> 00:09:11,366 Now the police report says that when they found Marisol in the basement, 163 00:09:11,422 --> 00:09:15,097 - she was still conscious. - And she doesn't remember anything. 164 00:09:17,720 --> 00:09:20,282 Memory loss is common in trauma victims. 165 00:09:20,421 --> 00:09:21,980 It's a survival mechanism. 166 00:09:22,286 --> 00:09:24,458 So how do we access those memories? 167 00:09:24,597 --> 00:09:25,989 We probably don't. 168 00:09:27,653 --> 00:09:30,855 Humor me, Richard. Just for a minute, be an optimist. 169 00:09:31,356 --> 00:09:34,391 Sometimes you can stumble on a trigger. 170 00:09:34,753 --> 00:09:38,345 A visual cue, a sound, even a smell. 171 00:09:39,434 --> 00:09:41,605 And the memories come pouring out. 172 00:09:45,782 --> 00:09:47,369 We've got the place to ourselves. 173 00:09:47,672 --> 00:09:49,315 They don't open till 9:00. 174 00:09:50,763 --> 00:09:54,493 Like I told you, the two guys came in wearing masks 175 00:09:54,577 --> 00:09:57,083 The bigger one told us to get downstairs. 176 00:09:57,361 --> 00:09:59,477 After that, I don't remember. 177 00:10:00,424 --> 00:10:02,958 We know, and we're not trying to pressure you. 178 00:10:02,986 --> 00:10:06,048 But being here at the scene of the crime might unlock memories, 179 00:10:06,104 --> 00:10:07,997 fill in the missing pieces. 180 00:10:08,818 --> 00:10:10,099 I'm not sure. 181 00:10:10,210 --> 00:10:12,911 Anytime you wanna stop, we'll stop. 182 00:10:13,427 --> 00:10:14,652 You're the one in charge. 183 00:10:18,299 --> 00:10:19,496 Okay, Marisol. 184 00:10:21,028 --> 00:10:25,343 So where were you when Thompson and Colfax came in? 185 00:10:28,907 --> 00:10:30,327 Sitting at the counter. 186 00:10:31,163 --> 00:10:32,610 I was right about here. 187 00:10:34,392 --> 00:10:37,344 Okay, so they came in, 188 00:10:38,402 --> 00:10:41,130 and they told everybody to get downstairs. 189 00:10:41,631 --> 00:10:42,884 And you? 190 00:10:55,328 --> 00:10:57,082 So let's go downstairs. 191 00:11:07,962 --> 00:11:09,577 Meat locker's still here. 192 00:11:10,384 --> 00:11:12,612 Well, they found you around the corner here. 193 00:11:22,344 --> 00:11:23,486 How are you doing? 194 00:11:24,265 --> 00:11:25,351 I'm okay. 195 00:11:30,140 --> 00:11:32,535 You were found in this corner here. 196 00:11:33,119 --> 00:11:36,293 So you would have had a full view of the office door... 197 00:11:36,342 --> 00:11:38,736 ... when Ana came out and shot Colfax. 198 00:11:41,889 --> 00:11:43,476 I just don't remember. 199 00:11:44,172 --> 00:11:47,346 Maybe if you came over here and knelt down on the floor. 200 00:12:11,406 --> 00:12:12,492 Anything? 201 00:12:26,569 --> 00:12:27,432 I'm trying. 202 00:12:27,627 --> 00:12:29,883 - I really am. - I know you are, Marisol. 203 00:12:30,217 --> 00:12:33,029 Even a fragment, a feeling. 204 00:12:35,061 --> 00:12:36,982 Ooh, you scare me. 205 00:12:37,038 --> 00:12:39,015 I forgot you were coming this morning. 206 00:12:39,043 --> 00:12:40,853 Sorry to bother you. 207 00:12:42,161 --> 00:12:43,164 I gotta go. 208 00:12:43,414 --> 00:12:44,834 I gotta get outta here. 209 00:12:44,973 --> 00:12:46,087 Marisol! 210 00:12:47,451 --> 00:12:50,458 Tracy, we're done here. 211 00:12:55,685 --> 00:12:57,829 So what do you think? 212 00:12:58,107 --> 00:12:59,360 You the artist? 213 00:12:59,694 --> 00:13:00,446 No. 214 00:13:01,261 --> 00:13:03,099 Good, 'cause I don't like it. 215 00:13:03,767 --> 00:13:06,746 And if I said yes, I was the artist? 216 00:13:06,886 --> 00:13:08,027 I like it. 217 00:13:08,405 --> 00:13:10,874 It kinda reminds me of early Rauschenberg. 218 00:13:12,173 --> 00:13:14,767 - You paint? - No, I just read about it. 219 00:13:15,409 --> 00:13:18,577 Library had a lot of books, and I had a lot of time. 220 00:13:19,084 --> 00:13:23,406 Eight years of wrongful incarceration is one hell of an art appreciation course. 221 00:13:23,888 --> 00:13:25,257 Mya Sullivan. 222 00:13:25,472 --> 00:13:27,351 Being bitter wouldn't do me any good. 223 00:13:27,485 --> 00:13:29,472 I admire your attitude, Mr. Thompson. 224 00:13:29,657 --> 00:13:31,697 Hey, Kenny. Having a good time? 225 00:13:31,818 --> 00:13:33,945 Yeah, but I'm gonna take off. 226 00:13:34,720 --> 00:13:37,211 My boys on the NYPD look kinda tired. 227 00:13:37,425 --> 00:13:39,327 You have cops following you? 228 00:13:39,568 --> 00:13:40,881 24-7. 229 00:13:41,122 --> 00:13:43,961 - Is that even legal? - I'm black. 230 00:13:44,161 --> 00:13:46,438 Innocent until proven guilty doesn't apply. 231 00:13:48,554 --> 00:13:51,072 I'm sorry. I didn't mean to get all political. 232 00:13:51,525 --> 00:13:55,221 Especially with all the pretty pictures and pretty people. 233 00:13:55,328 --> 00:13:56,695 Catch y'all later. 234 00:13:59,528 --> 00:14:03,037 There's gotta be something you can do. File a motion. 235 00:14:03,278 --> 00:14:07,216 - It's a public street. - They're harassing your client. 236 00:14:07,482 --> 00:14:09,598 Surveillance is hardly harassment. 237 00:14:09,652 --> 00:14:10,670 Leigh? 238 00:14:11,366 --> 00:14:13,214 Thanks for letting me know who's who. 239 00:14:14,686 --> 00:14:16,561 - You're not offering a plea? - Nope. 240 00:14:16,963 --> 00:14:18,624 I told Branch I thought that was the way to go. 241 00:14:18,677 --> 00:14:20,552 Well, I think this is winnable. 242 00:14:20,579 --> 00:14:23,874 Without the fingerprint evidence, this is an entirely circumstantial case. 243 00:14:24,269 --> 00:14:26,572 I wish people would stop saying that like it's bad. 244 00:14:26,599 --> 00:14:30,269 Most cases are circumstantial. And these circumstances are compelling. 245 00:14:30,776 --> 00:14:34,579 Both Colfax and Thompson spent time in juvie for armed robbery. 246 00:14:34,603 --> 00:14:37,335 Marisol heard his voice. We can bring her in for a lineup. 247 00:14:37,389 --> 00:14:39,639 Tracy, I lived this case for a year. 248 00:14:39,717 --> 00:14:41,780 I drank the same Kool-Aid you're sipping right now, 249 00:14:41,833 --> 00:14:44,057 and I'm telling you, you can't win. 250 00:14:45,034 --> 00:14:47,499 Wow, Nick, if this is your idea of a pep talk... 251 00:14:47,563 --> 00:14:49,037 You got it all figured out. 252 00:14:51,287 --> 00:14:52,144 Read this. 253 00:14:52,278 --> 00:14:53,430 What is that? 254 00:14:53,507 --> 00:14:55,837 A letter I got from one of the jurors after the trial. 255 00:14:57,737 --> 00:14:59,532 He says without the fingerprint, 256 00:14:59,666 --> 00:15:01,112 they would have acquitted. 257 00:15:03,520 --> 00:15:05,368 Don't try this case again. 258 00:15:05,609 --> 00:15:08,047 Plead it out or you'll lose. 259 00:15:12,825 --> 00:15:15,767 This letter states that the jury in the first trial... 260 00:15:15,816 --> 00:15:19,382 relied entirely on the fingerprint evidence to convict Thompson. 261 00:15:19,434 --> 00:15:21,881 - Well, it's evidence we don't have. - Right. 262 00:15:22,008 --> 00:15:24,351 So what investigation was done on the money trail? 263 00:15:24,429 --> 00:15:27,292 Well, we know the robbery netted Thompson about three grand. 264 00:15:27,340 --> 00:15:29,579 In small bills, none of which were ever found. 265 00:15:29,631 --> 00:15:33,093 The original case detective searched Thompson's place, the grandmother's. 266 00:15:33,166 --> 00:15:35,691 There's no sign of any cash or night deposit bags. 267 00:15:35,769 --> 00:15:38,112 Well, we also checked large purchases: nothing. 268 00:15:38,290 --> 00:15:39,565 Check any girlfriends? 269 00:15:39,617 --> 00:15:41,414 Yeah, if he had 'em, no one found 'em. 270 00:15:41,440 --> 00:15:42,975 Is he seeing anybody now? 271 00:15:43,102 --> 00:15:45,523 They get out, they usually dip into the same old pool. 272 00:15:45,549 --> 00:15:48,490 Surveillance says he likes to spend time at Sylvia's up on Lennox. 273 00:15:48,569 --> 00:15:50,989 Says he likes the waitress up there. Kim Evans. 274 00:15:51,345 --> 00:15:53,037 Find out what she sees in him. 275 00:15:54,365 --> 00:15:56,317 Why you gotta harass me at work? 276 00:15:56,343 --> 00:15:58,139 You see I'm in the middle of the lunch rush. 277 00:15:58,165 --> 00:16:00,273 Kenny Thompson grew up in the same building with you, 278 00:16:00,321 --> 00:16:01,649 and he was tight with your brother Manny. 279 00:16:01,675 --> 00:16:03,419 Last thing I heard, he was locked up. 280 00:16:03,679 --> 00:16:05,033 He wasn't with you the other day? 281 00:16:05,189 --> 00:16:06,673 A couple cops saw him talking to you. 282 00:16:07,055 --> 00:16:10,283 You and Kenny were hanging out the other night. Narcs told us you bought some weed. 283 00:16:10,387 --> 00:16:11,428 Did he ask you to do that? 284 00:16:12,339 --> 00:16:13,849 Hmm, nice. 285 00:16:14,031 --> 00:16:15,854 Having your girl buy the drugs. 286 00:16:16,135 --> 00:16:18,817 Okay, arrest me for scoring a joint. Go ahead. 287 00:16:18,999 --> 00:16:21,602 We don't want to. 'Cause we pulled your jacket the other day, 288 00:16:21,758 --> 00:16:23,554 and that would be a violation of your parole. 289 00:16:24,249 --> 00:16:26,071 Looks like you got a good thing going on here. 290 00:16:26,149 --> 00:16:27,685 Busy place. Good tips. 291 00:16:27,711 --> 00:16:28,987 I don't know anything. 292 00:16:29,013 --> 00:16:31,434 $3,000 was taken from the Burger Kastle. 293 00:16:31,455 --> 00:16:34,032 That was like eight years ago. I had nothing to do with that. 294 00:16:34,136 --> 00:16:35,932 Maybe you saw Kenny flush that weekend. 295 00:16:35,954 --> 00:16:37,698 I never saw Kenny with any money. 296 00:16:37,724 --> 00:16:38,974 Maybe he bought you a gift. 297 00:16:39,286 --> 00:16:41,577 Are we talking about the same Kenny Thompson? 298 00:17:01,593 --> 00:17:02,947 Face forward. 299 00:17:07,398 --> 00:17:09,194 Really listen to their voices. 300 00:17:10,654 --> 00:17:15,548 Please step forward one at a time and say, "get downstairs." 301 00:17:20,771 --> 00:17:22,072 Get downstairs. 302 00:17:23,374 --> 00:17:24,675 Get downstairs. 303 00:17:26,055 --> 00:17:27,356 Get downstairs. 304 00:17:27,721 --> 00:17:28,866 Louder please. 305 00:17:30,217 --> 00:17:31,701 Get downstairs! 306 00:17:32,976 --> 00:17:34,330 Get downstairs! 307 00:17:35,106 --> 00:17:36,252 Get downstairs. 308 00:17:39,840 --> 00:17:41,037 It could have been any of them. 309 00:17:44,755 --> 00:17:46,030 One more time please. 310 00:17:48,738 --> 00:17:50,143 Get downstairs. 311 00:17:50,947 --> 00:17:52,326 Get downstairs. 312 00:17:53,914 --> 00:17:55,320 Get downstairs! 313 00:17:56,018 --> 00:17:57,606 Get downstairs! 314 00:17:58,205 --> 00:17:59,428 Get downstairs. 315 00:18:08,508 --> 00:18:09,445 We're good. 316 00:18:09,698 --> 00:18:11,494 She couldn't ID a ham sandwich. 317 00:18:12,379 --> 00:18:14,436 So the only problem now is Lansing. 318 00:18:14,670 --> 00:18:16,154 I wouldn't worry about him. 319 00:18:16,227 --> 00:18:18,128 I can muddy up his story on cross. 320 00:18:18,752 --> 00:18:20,054 Why wait? Talk to him now. 321 00:18:20,080 --> 00:18:22,110 See if his story's changed. 322 00:18:22,340 --> 00:18:25,490 He's a prosecution witness, Kenny. He won't talk to me. 323 00:18:25,516 --> 00:18:27,156 They can fight us even seeing him. 324 00:18:27,204 --> 00:18:30,693 The rules of discovery entitle you to talk to any witness on their list. 325 00:18:30,823 --> 00:18:32,385 They can decline to answer questions, 326 00:18:32,358 --> 00:18:34,909 but you make that son-of-a-bitch do it to your face. 327 00:18:38,248 --> 00:18:39,289 But you're the lawyer. 328 00:18:40,643 --> 00:18:41,476 It's your call. 329 00:18:47,466 --> 00:18:49,392 Mr. Lansing changed his name... 330 00:18:49,470 --> 00:18:53,375 ... and moved his family out of fear of retribution from Mr. Thompson. 331 00:18:53,502 --> 00:18:55,767 Your Honor can understand why I'm... 332 00:18:55,975 --> 00:19:01,390 ... reluctant to provide the defense with Mr. Lansing's address and phone number. 333 00:19:01,468 --> 00:19:03,524 It's called discovery, Ms. Kibre. 334 00:19:03,565 --> 00:19:06,689 If defense wants a meeting, come up with a neutral place for it to happen. 335 00:19:06,819 --> 00:19:09,995 Your Honor, regarding the readmissability of the confession... 336 00:19:10,017 --> 00:19:13,792 I've read your brief, Ms. Gaffney. You touched on some new grounds. 337 00:19:13,870 --> 00:19:16,213 - Your Honor... - But I find none of them compelling. 338 00:19:16,364 --> 00:19:17,718 The confession stays out. 339 00:19:17,848 --> 00:19:21,232 On to the defense's motion to preclude the police... 340 00:19:21,280 --> 00:19:24,430 ... from coming within 200 feet of the defendant. 341 00:19:24,508 --> 00:19:29,011 Your Honor, the police have engaged in a pattern of harassment and intimidation. 342 00:19:29,029 --> 00:19:31,814 Mr. Thompson is a dangerous felon who, 343 00:19:31,918 --> 00:19:36,005 through some loophole in the legal system, has been released on an unsuspecting public. 344 00:19:36,031 --> 00:19:38,166 I take offense that you refer to... 345 00:19:38,266 --> 00:19:41,181 ... perjured testimony as a loophole, Ms. Kibre. 346 00:19:41,259 --> 00:19:43,211 - What I meant, your Honor - I know what you meant. 347 00:19:43,988 --> 00:19:47,294 Obviously, I can't stop the police from conducting surveillance, 348 00:19:47,320 --> 00:19:50,001 but I can keep them at a reasonable distance. 349 00:19:50,622 --> 00:19:53,616 Not only will I grant your motion, Mr. Eckhart, 350 00:19:53,798 --> 00:19:55,516 I will add 100 feet. 351 00:20:02,191 --> 00:20:03,570 This is all for show. 352 00:20:03,596 --> 00:20:06,069 The defense is trying to rattle you. 353 00:20:06,746 --> 00:20:08,672 I really don't have to answer any of their questions? 354 00:20:08,724 --> 00:20:12,160 Absolutely not. This is a formality. 355 00:20:14,059 --> 00:20:14,580 Okay? 356 00:20:28,930 --> 00:20:31,247 Kenny, what the hell are you doing here? 357 00:20:31,637 --> 00:20:33,303 What? I can't see my own lawyer? 358 00:20:33,537 --> 00:20:34,553 Not here. 359 00:20:35,047 --> 00:20:36,453 How'd you know I was gonna be here? 360 00:20:36,580 --> 00:20:37,804 What you get outta Lansing? 361 00:20:37,960 --> 00:20:39,418 Nothing. The guy stonewalled. 362 00:20:39,756 --> 00:20:41,839 We gotta get outta here. They can arrest you for... 363 00:20:42,047 --> 00:20:42,958 Yo, Charlie. 364 00:20:45,452 --> 00:20:47,405 - Come on. - I know what I'm doin'. 365 00:20:49,565 --> 00:20:50,580 Oh, jeez. 366 00:20:53,722 --> 00:20:55,779 Don't you ever grab me like that again. 367 00:21:01,977 --> 00:21:04,502 I promise you I had no idea he was gonna be here. 368 00:21:07,574 --> 00:21:08,901 He can know where I live. 369 00:21:09,537 --> 00:21:10,994 Where my daughter goes to school. 370 00:21:10,994 --> 00:21:13,025 The police are picking up your wife and daughter, 371 00:21:13,103 --> 00:21:15,159 and they're gonna take the three of you to a hotel... 372 00:21:15,185 --> 00:21:18,882 until he's in custody and for the duration of the trial. 373 00:21:22,673 --> 00:21:24,417 You're gonna be okay, Charlie. 374 00:21:26,604 --> 00:21:27,983 I'll be right back. 375 00:21:33,498 --> 00:21:34,929 Have we located Thompson? 376 00:21:35,264 --> 00:21:37,529 We're covering all his known hangouts. 377 00:21:37,945 --> 00:21:39,039 But nothing yet. 378 00:21:44,730 --> 00:21:48,635 If we don't pick him up here, we've papered his neighborhood with reward posters. 379 00:21:48,995 --> 00:21:50,609 Ten grand for any information. 380 00:21:50,661 --> 00:21:53,030 Tracy, it's almost 5:00. 381 00:21:53,911 --> 00:21:57,738 He's checked in at Pre-Trial Services every day since he was released. 382 00:21:58,493 --> 00:22:00,992 If he was gonna show up, he'd have been here by now. 383 00:22:01,794 --> 00:22:04,449 Maybe he realized he screwed up and took off. 384 00:22:04,762 --> 00:22:06,662 And spend the rest of his life on the run? 385 00:22:06,710 --> 00:22:09,469 No, this guy thinks he's gonna beat us at trial. 386 00:22:09,495 --> 00:22:10,770 He'll show. 387 00:22:12,094 --> 00:22:15,998 Suspect spotted on foot. Crossing 137th Street. All units go. 388 00:22:16,024 --> 00:22:17,274 Go, go, go. 389 00:22:18,910 --> 00:22:22,060 Kenneth Thompson, you're under arrest. 390 00:22:22,134 --> 00:22:23,045 I'm not resisting. 391 00:22:23,097 --> 00:22:25,049 You're under arrest for intimidating a witness. 392 00:22:25,075 --> 00:22:26,871 You have the right to remain silent. If you give up that right, 393 00:22:26,919 --> 00:22:28,715 anything you say can and will be used against you. 394 00:22:28,767 --> 00:22:31,708 It's Kibre. Put Lansing on. 395 00:22:32,538 --> 00:22:33,319 Hello. 396 00:22:33,371 --> 00:22:35,557 Charlie, they just arrested Thompson. 397 00:22:35,636 --> 00:22:38,317 So how does that help me or my family? 398 00:22:38,833 --> 00:22:40,863 What if you lose the case, and he gets out? 399 00:22:41,931 --> 00:22:43,206 I don't think I can help you. 400 00:22:43,228 --> 00:22:45,362 No, you're still gonna have to testify, but... 401 00:22:45,388 --> 00:22:46,716 I'm not saying another word. 402 00:22:46,768 --> 00:22:48,616 - Charlie. - Do what you want to me. 403 00:22:48,668 --> 00:22:50,829 Charlie...listen to me. 404 00:22:51,579 --> 00:22:52,516 Damn it. 405 00:22:55,767 --> 00:22:58,083 He's in custody. You got what you wanted. 406 00:23:00,192 --> 00:23:01,493 So did he. 407 00:23:05,314 --> 00:23:08,327 He's totally played me. He's... he's orchestrating things. 408 00:23:08,475 --> 00:23:11,339 He got me to arrange a meeting with Lansing to intimidate him. 409 00:23:11,358 --> 00:23:13,432 You did nothing unethical. You're covered. 410 00:23:13,456 --> 00:23:15,975 - That's not the point, Leigh. - What is the point, Todd? 411 00:23:16,066 --> 00:23:18,091 Why would he intimidate a witness unless he was guilty? 412 00:23:18,116 --> 00:23:20,659 Aw, come on, whatever he might have done, it was a long time ago. 413 00:23:20,684 --> 00:23:22,955 - He's a different person now. - Back to earth, Leigh. 414 00:23:22,998 --> 00:23:25,294 - He killed four people. - Keep your voice down. 415 00:23:27,146 --> 00:23:28,800 Do you want to be a litigator or not? 416 00:23:28,861 --> 00:23:30,169 The man's a sociopath. 417 00:23:30,219 --> 00:23:32,540 So if one of our corporate clients has a product that causes cancer, 418 00:23:32,564 --> 00:23:33,577 we don't defend them? 419 00:23:33,651 --> 00:23:35,527 - We only defend the good guys? - That's totally different. 420 00:23:35,552 --> 00:23:36,490 No, it's not. 421 00:23:37,224 --> 00:23:40,409 Your client just did you a favor by scaring off their one eyewitness. 422 00:23:40,631 --> 00:23:43,125 You can either whine about that, or win with it. 423 00:23:48,391 --> 00:23:50,909 I was reading the transcript of the original trial. 424 00:23:52,341 --> 00:23:53,996 Your closing's good. 425 00:23:54,580 --> 00:24:00,111 "You wake up, look outside, and the ground is blanketed with untouched snow. 426 00:24:00,975 --> 00:24:03,123 "Except for a set of footprints... 427 00:24:03,363 --> 00:24:06,326 "... leading to the mailbox and leading away. 428 00:24:06,400 --> 00:24:08,104 "You find mail in the box. 429 00:24:09,554 --> 00:24:12,270 "You can safely assume the mailman was there. 430 00:24:12,492 --> 00:24:13,949 "No one saw him. 431 00:24:14,065 --> 00:24:17,473 "But circumstantial evidence is compelling beyond a reasonable doubt." 432 00:24:17,942 --> 00:24:19,177 It's a great analogy. 433 00:24:19,490 --> 00:24:21,910 I'm afraid it didn't have the desired effect on the jury. 434 00:24:23,188 --> 00:24:24,941 I got the feeling they'd wanna compare... 435 00:24:25,015 --> 00:24:28,003 ... a plaster cast of the footprints to the mailman's boots. 436 00:24:29,551 --> 00:24:31,255 I think... 437 00:24:33,650 --> 00:24:34,934 I'm in trouble, Nick. 438 00:24:36,630 --> 00:24:38,951 I open tomorrow, and all I've got is Lansing. 439 00:24:39,223 --> 00:24:42,087 And I had to subpoena him to compel him to appear. 440 00:24:44,212 --> 00:24:45,965 Then you better pray he stays strong. 441 00:24:46,335 --> 00:24:48,656 Because everything else is the mailman's footprints. 442 00:24:54,527 --> 00:24:56,305 When you were sitting on your stoop, 443 00:24:56,379 --> 00:24:58,231 and asked the man for a cigarette, 444 00:24:58,527 --> 00:24:59,885 how far away was he? 445 00:25:00,922 --> 00:25:01,712 A few feet. 446 00:25:02,601 --> 00:25:03,663 But it was dark. 447 00:25:04,695 --> 00:25:06,053 And the guy was really dark skinned. 448 00:25:06,769 --> 00:25:08,078 I really didn't get a good look. 449 00:25:10,269 --> 00:25:11,257 Mr. Lansing? 450 00:25:12,872 --> 00:25:13,687 Charlie. 451 00:25:14,773 --> 00:25:18,650 But you identified the man you talked to as the defendant, Kenny Thompson. 452 00:25:19,514 --> 00:25:20,378 I guess I did. 453 00:25:21,909 --> 00:25:23,218 But now, I'm not so sure. 454 00:25:27,185 --> 00:25:32,427 Mr. Lansing, is it true that last week contrary to the order of this court, 455 00:25:33,814 --> 00:25:36,676 Mr. Thompson sought you out and threatened you? 456 00:25:36,748 --> 00:25:37,518 That's not... 457 00:25:39,666 --> 00:25:40,387 Look, 458 00:25:40,916 --> 00:25:43,177 I was pushed into making this ID eight years ago. 459 00:25:43,201 --> 00:25:45,726 Who pushed you? You came forward on your own. 460 00:25:45,942 --> 00:25:48,852 You testified under oath before a Grand Jury. 461 00:25:51,048 --> 00:25:52,419 That's not how I remember it. 462 00:25:59,168 --> 00:26:01,285 Permission to treat the witness as hostile. 463 00:26:01,501 --> 00:26:02,223 Go ahead. 464 00:26:02,816 --> 00:26:05,317 At this time the people wish to enter into evidence... 465 00:26:05,365 --> 00:26:08,948 ... Mr. Lansing's testimony from the original Grand Jury transcript. 466 00:26:09,966 --> 00:26:10,928 We're doing great. 467 00:26:10,976 --> 00:26:13,357 That goes back a long way, Ms. Kibre. 468 00:26:13,453 --> 00:26:16,050 The witness made several sworn statements. 469 00:26:16,748 --> 00:26:17,614 Very well. 470 00:26:22,407 --> 00:26:24,283 I just got a text from Dr. Link. 471 00:26:24,644 --> 00:26:26,279 Marisol remembers something. 472 00:26:27,049 --> 00:26:29,021 Find out what. 473 00:26:30,183 --> 00:26:33,285 I saw Ana open the office door, 474 00:26:33,886 --> 00:26:34,776 and... 475 00:26:35,946 --> 00:26:37,774 ... I must have started screaming. 476 00:26:38,087 --> 00:26:41,622 'Cause I see the guy look up at Ana and goes, 477 00:26:42,199 --> 00:26:44,772 "Trey, she's got a gun." 478 00:26:45,726 --> 00:26:47,818 Who said, "Trey, she's got a gun"? 479 00:26:48,155 --> 00:26:48,924 Colfax. 480 00:26:50,904 --> 00:26:52,299 The guy that Ana shot. 481 00:26:54,535 --> 00:26:58,431 Thompson's arrest record lists Trey as one of his aliases. 482 00:26:59,713 --> 00:27:02,238 When exactly did you remember someone saying, 483 00:27:02,311 --> 00:27:03,874 "Trey, she's got a gun"? 484 00:27:06,126 --> 00:27:08,723 A few days after I revisited the crime scene. 485 00:27:09,493 --> 00:27:11,296 Did you remember anything else? 486 00:27:11,441 --> 00:27:12,090 Yeah. 487 00:27:16,056 --> 00:27:17,379 Before he shot me... 488 00:27:20,265 --> 00:27:21,563 ... he put the gun... 489 00:27:23,487 --> 00:27:24,882 ... to the back of my head. 490 00:27:31,041 --> 00:27:32,604 And he said, "Don't worry. 491 00:27:36,764 --> 00:27:37,846 It'll be fast." 492 00:27:39,097 --> 00:27:40,299 Marisol, 493 00:27:40,491 --> 00:27:43,570 after these memories came back to you, what did you do? 494 00:27:43,778 --> 00:27:45,365 I called Dr. Link. 495 00:27:46,495 --> 00:27:47,650 He's been helping me. 496 00:27:52,042 --> 00:27:52,788 Thank you. 497 00:27:58,393 --> 00:28:01,159 Dr. Link, how did you get involved in this case? 498 00:28:01,351 --> 00:28:04,045 Tracy Kibre asked me to evaluate Ms. Rodriguez. 499 00:28:04,213 --> 00:28:05,944 Evaluate or influence? 500 00:28:06,006 --> 00:28:09,757 When Ms. Kibre called, I was careful to make my role very clear. 501 00:28:10,142 --> 00:28:12,787 I don't believe in trying to force or shape a patient's memory. 502 00:28:12,828 --> 00:28:15,883 And yet you participated in an obvious attempt to trigger a memory. 503 00:28:16,219 --> 00:28:17,494 A visit back to the crime scene. 504 00:28:17,734 --> 00:28:20,139 Because Ms. Rodriguez wanted to be there. 505 00:28:20,484 --> 00:28:23,850 I discussed the dangers as well as the potentially therapeutic outcomes. 506 00:28:24,259 --> 00:28:25,245 She chose to go. 507 00:28:25,486 --> 00:28:28,419 Did Marisol Rodriguez ever spend time in your waiting room? 508 00:28:28,628 --> 00:28:30,287 Yes, before her sessions. 509 00:28:30,431 --> 00:28:32,860 I imagine, like most doctors, you have magazines there. 510 00:28:33,317 --> 00:28:33,822 Yes. 511 00:28:34,199 --> 00:28:37,469 So while she waited, Marisol Rodriguez could have read those magazines. 512 00:28:37,846 --> 00:28:39,986 Maybe even a back issue of Manhattan Minute. 513 00:28:40,034 --> 00:28:41,165 Objection. 514 00:28:41,814 --> 00:28:43,233 Calls for speculation. 515 00:28:43,425 --> 00:28:45,590 Do you know whether she read the magazine? 516 00:28:47,048 --> 00:28:49,525 I don't know whether she did or she didn't. 517 00:28:50,086 --> 00:28:53,790 I subscribe to that magazine. And there are back issues in my waiting room. 518 00:28:54,728 --> 00:28:59,128 I offer into evidence a copy of Manhattan Minute from April, 2003. 519 00:28:59,216 --> 00:29:01,573 I call your attention to the article on page 28... 520 00:29:01,613 --> 00:29:03,826 ... which profiles the Burger Kastle massacres... 521 00:29:03,898 --> 00:29:07,120 ... and refers more than once to Kenny Thompson as Trey. 522 00:29:07,313 --> 00:29:11,112 I believe her memory came from the actual experience. 523 00:29:11,434 --> 00:29:12,756 Not something she read. 524 00:29:12,877 --> 00:29:15,017 I've no doubt, Dr. Link, that you have the ability... 525 00:29:15,065 --> 00:29:18,143 ... to distinguish between real memories and mere suggestion. 526 00:29:19,586 --> 00:29:20,668 But does Marisol? 527 00:29:29,638 --> 00:29:32,812 I did see Kenny with some money the day after the robbery. 528 00:29:34,127 --> 00:29:36,051 Why didn't you tell anyone this before? 529 00:29:36,123 --> 00:29:37,854 Because we were together then. 530 00:29:38,014 --> 00:29:40,876 And, you know, he wasn't the kind of guy I wanted to piss off. 531 00:29:40,924 --> 00:29:42,680 So you're not together anymore? 532 00:29:43,065 --> 00:29:44,604 He's all uptown now. 533 00:29:44,700 --> 00:29:46,864 Told me I need to lose some weight. 534 00:29:48,419 --> 00:29:50,151 So you're angry at Kenny. 535 00:29:52,330 --> 00:29:54,254 See a chance to get back at him... 536 00:29:54,471 --> 00:29:56,539 ... and make some money in the process. 537 00:29:57,020 --> 00:29:58,871 Look, do you want my story or not? 538 00:29:58,976 --> 00:30:01,429 How much money did you actually see on Kenny? 539 00:30:01,501 --> 00:30:02,776 Like a couple thousand. 540 00:30:02,824 --> 00:30:06,744 And it was all weird too. Like rolls of coins and lots of ones. 541 00:30:06,809 --> 00:30:07,939 What was the money in? 542 00:30:09,903 --> 00:30:11,851 Was it loose? Or in a bag? 543 00:30:11,875 --> 00:30:13,005 Yeah, it was in a bag. 544 00:30:13,053 --> 00:30:14,664 Like one of those night-deposit bags. 545 00:30:14,712 --> 00:30:15,530 What color? 546 00:30:16,107 --> 00:30:16,684 Color? 547 00:30:17,245 --> 00:30:19,289 Yeah, what color was the bag? 548 00:30:24,508 --> 00:30:25,951 I'm not sure. 549 00:30:31,514 --> 00:30:32,475 Was it green? 550 00:30:37,614 --> 00:30:38,527 She's lying. 551 00:30:39,337 --> 00:30:41,549 She knew the money was in a night-deposit bag. 552 00:30:41,574 --> 00:30:43,064 That wasn't released to the press. 553 00:30:43,080 --> 00:30:44,042 She's a waitress. 554 00:30:44,090 --> 00:30:46,279 Of course, she knows that closing money goes into bags. 555 00:30:46,303 --> 00:30:48,708 Okay, I get it, Kelly. You didn't buy her story. 556 00:30:48,748 --> 00:30:50,431 - Neither did you. - Yeah, well, you're wrong. 557 00:30:50,503 --> 00:30:51,225 I did. 558 00:30:51,273 --> 00:30:53,461 And even if I didn't, it's not my problem. 559 00:30:53,501 --> 00:30:54,848 It's up to a jury to decide. 560 00:30:54,872 --> 00:30:57,926 Well, you made it your problem when you told her what to say. 561 00:30:57,950 --> 00:30:59,249 I refreshed her memory. 562 00:30:59,273 --> 00:31:02,207 Call it what you want, I call it prosecutorial misconduct. 563 00:31:02,263 --> 00:31:02,961 Hey, watch it. 564 00:31:03,009 --> 00:31:05,462 You put her on the stand, you'll be suborning perjury. 565 00:31:05,582 --> 00:31:06,833 You're crossing a line. 566 00:31:06,881 --> 00:31:10,344 No, you are, and it's the same line that Nick Forster crossed eight years ago. 567 00:31:10,408 --> 00:31:12,692 A decision which will probably get him disbarred. 568 00:31:12,716 --> 00:31:13,414 Look, 569 00:31:13,814 --> 00:31:16,051 tomorrow morning when I put Kim on the stand, 570 00:31:16,051 --> 00:31:18,648 you're either with me, or you take a sick day. 571 00:31:26,289 --> 00:31:27,504 What is she gonna say? 572 00:31:28,947 --> 00:31:32,365 For ten grand, she'll say anything. She'll say I confessed to her. 573 00:31:32,539 --> 00:31:33,501 Did you? 574 00:31:35,046 --> 00:31:36,818 Were you wearing gloves that night, Kenny? 575 00:31:37,653 --> 00:31:40,489 Is that how you were so sure the fingerprint expert was lying? 576 00:31:40,762 --> 00:31:44,028 All you gotta know about Kim Evans is she's got a rap sheet longer than mine. 577 00:31:45,319 --> 00:31:47,116 Even you should be able to discredit her. 578 00:31:48,851 --> 00:31:51,813 Do you solemnly swear that the testimony you give will be the truth, 579 00:31:51,889 --> 00:31:53,788 the whole truth, and nothing but the truth, so help you God? 580 00:31:53,813 --> 00:31:55,079 You're not so sick after all. 581 00:31:56,744 --> 00:31:59,048 Actually, I am. 582 00:32:02,081 --> 00:32:03,904 Please state your name for the record. 583 00:32:04,030 --> 00:32:05,169 Kim Evans. 584 00:32:05,549 --> 00:32:08,055 What is your relationship to Mr. Thompson? 585 00:32:09,336 --> 00:32:10,753 I was his girlfriend. 586 00:32:10,905 --> 00:32:14,804 Did you see Mr. Thompson on April 9, 1997? 587 00:32:14,804 --> 00:32:16,956 The day after the Burger Kastle killings? 588 00:32:17,083 --> 00:32:18,905 Yeah, I saw him that day. 589 00:32:19,938 --> 00:32:21,229 Did he show you... 590 00:32:23,507 --> 00:32:24,748 Did he... 591 00:32:38,497 --> 00:32:39,459 Your Honor, 592 00:32:39,839 --> 00:32:41,054 a moment please. 593 00:32:41,864 --> 00:32:42,776 All right. 594 00:32:47,839 --> 00:32:48,750 Nod. 595 00:32:49,231 --> 00:32:52,522 Write something in your pad like I'm giving you instructions. 596 00:32:52,734 --> 00:32:55,088 Get your cell phone and make believe... 597 00:32:55,139 --> 00:32:58,354 ... you're making a really important phone call as you leave the courtroom. 598 00:32:58,380 --> 00:32:59,671 And meet me in the hallway. 599 00:33:04,551 --> 00:33:06,754 I have no further questions for this witness. 600 00:33:06,894 --> 00:33:08,793 - But... - Mr. Echkart? 601 00:33:09,755 --> 00:33:11,375 Nothing for this witness, your Honor. 602 00:33:12,008 --> 00:33:13,907 Do the People rest, Ms. Kibre? 603 00:33:15,294 --> 00:33:18,256 Actually, your Honor, we'd like to request a recess. 604 00:33:18,331 --> 00:33:19,850 We'll adjourn until tomorrow. 605 00:33:31,435 --> 00:33:33,257 I hate it when you gloat. 606 00:33:34,943 --> 00:33:38,360 Combed through the old case file, witnesses, evidence... 607 00:33:38,386 --> 00:33:39,677 So what's new? 608 00:33:39,879 --> 00:33:41,778 What do we have that Nick Forster didn't? 609 00:33:41,899 --> 00:33:44,026 Other than a weaker case? 610 00:33:44,102 --> 00:33:45,443 Marisol's testimony. 611 00:33:45,494 --> 00:33:47,241 Well her story is all over the place. 612 00:33:47,241 --> 00:33:49,545 It doesn't even jibe with Thompson's confession. 613 00:33:49,690 --> 00:33:50,424 How so? 614 00:33:50,495 --> 00:33:55,102 Thompson claims that all of the employees were blindfolded, bound, and gagged... 615 00:33:55,153 --> 00:33:57,381 ... when Ana came out of the office with guns blazing. 616 00:33:57,426 --> 00:33:58,413 That's how the police found them. 617 00:33:58,476 --> 00:34:02,552 Yeah, well, Marisol claims that she saw Ana come out of the office... 618 00:34:02,585 --> 00:34:03,952 ... and then started screaming. 619 00:34:04,003 --> 00:34:05,876 Now if I'm blindfolded, I can't see. 620 00:34:05,902 --> 00:34:07,142 And if I'm gagged, I'm not screaming. 621 00:34:07,193 --> 00:34:09,927 So Thompson and Colfax were in the process of... 622 00:34:10,023 --> 00:34:12,251 ... gagging Marisol when Ana came out. 623 00:34:12,833 --> 00:34:15,770 Okay...okay. So... 624 00:34:16,392 --> 00:34:19,860 Thompson is in the process of gagging Marisol. 625 00:34:19,936 --> 00:34:22,873 Or Colfax is doing it, which would explain why he yelled, 626 00:34:22,974 --> 00:34:24,771 "Trey, she's got a gun." 627 00:34:24,942 --> 00:34:29,600 So Ana shoots Colfax before he gets a chance to gag Marisol. 628 00:34:29,696 --> 00:34:33,494 Then Thompson shoots Ana, but now he's gotta subdue an hysterical Marisol. 629 00:34:33,519 --> 00:34:35,570 So he picks up the tape, 630 00:34:35,716 --> 00:34:38,931 and how do you rip tape off a roll while holding a gun? 631 00:34:39,235 --> 00:34:40,703 Maybe he uses his teeth. 632 00:34:42,439 --> 00:34:43,629 Let's hope so. 633 00:34:44,135 --> 00:34:45,882 Where's Marisol's gag? 634 00:34:47,300 --> 00:34:51,452 Oh, it's useless. It was in that box of exhibits that had bad water damage. 635 00:34:51,649 --> 00:34:54,054 What about the roll of tape the gag came off of? 636 00:34:54,155 --> 00:34:55,269 A different box. 637 00:34:55,649 --> 00:34:56,864 I might still have it. 638 00:34:58,023 --> 00:35:00,960 - Could have tooth marks, or... - DNA. 639 00:35:01,188 --> 00:35:02,631 I'll call the crime lab. 640 00:35:04,476 --> 00:35:08,020 Ms. Kibre, a delay at this point in the trial... 641 00:35:08,045 --> 00:35:10,248 Just until the test results come back. 642 00:35:10,349 --> 00:35:12,602 Your Honor, there's a lack of fundamental fairness here. 643 00:35:12,841 --> 00:35:17,145 At the last possible minute, Ms. Kibre is conducting a complicated, technical procedure. 644 00:35:17,165 --> 00:35:21,266 A procedure which may exonerate his client and put an end to this trial. 645 00:35:21,393 --> 00:35:24,633 We expect mitochondrial results back within 24 hours. 646 00:35:24,653 --> 00:35:27,413 The People request a continuance until that time. 647 00:35:28,644 --> 00:35:30,770 I'll grant the continuance, Ms. Kibre. 648 00:35:31,150 --> 00:35:34,289 But I trust the People can firmly establish the chain of custody. 649 00:35:34,592 --> 00:35:36,971 Jury's gonna wanna know whose hands this roll of tape... 650 00:35:37,047 --> 00:35:39,858 ... passed through from the moment it was picked up at the crime scene... 651 00:35:39,908 --> 00:35:41,022 ... until today. 652 00:35:41,668 --> 00:35:42,605 Yes, Your Honor. 653 00:35:46,782 --> 00:35:48,479 Where do we stand on the chain of custody? 654 00:35:48,498 --> 00:35:49,486 Not so good. 655 00:35:49,587 --> 00:35:53,511 The CSU Detective who bagged the tape at the scene died in a car accident four years ago. 656 00:35:53,536 --> 00:35:55,283 Oh, come on. 657 00:35:55,480 --> 00:35:58,670 Well, somebody else must have seen him put that tape in the evidence bag. 658 00:35:58,721 --> 00:36:00,544 Somebody did. Nick Forster. 659 00:36:02,052 --> 00:36:04,888 Having me anywhere near the case weakens it for you. 660 00:36:04,913 --> 00:36:07,141 We got a DNA match. I just need you. 661 00:36:07,204 --> 00:36:09,558 - I can't do it. - I'm not asking. 662 00:36:09,634 --> 00:36:11,077 I'm calling you to the stand. 663 00:36:11,287 --> 00:36:13,236 - Beer? - Nick. 664 00:36:15,103 --> 00:36:16,116 Don't you get it? 665 00:36:16,293 --> 00:36:19,888 I cannot testify without perjuring myself. 666 00:36:21,123 --> 00:36:24,465 Oh, my God, you knew the fingerprint was bad. 667 00:36:27,295 --> 00:36:29,902 After the confession was tossed, I was desperate. 668 00:36:30,535 --> 00:36:34,409 How's a guy kill four people and not leave a single sign of himself behind? 669 00:36:37,455 --> 00:36:40,088 I'm having dinner one night with this FBI guy Tanner. 670 00:36:41,455 --> 00:36:42,569 He begs me... 671 00:36:43,404 --> 00:36:44,949 ... to let him help me. 672 00:36:45,248 --> 00:36:49,450 On cross, Eckhart is gonna ask you point blank about the fingerprint. 673 00:36:50,918 --> 00:36:51,855 I'll lie. 674 00:36:52,007 --> 00:36:54,539 You do and get caught, Thompson goes free. 675 00:36:57,318 --> 00:36:58,939 You realize what you're asking me? 676 00:36:59,141 --> 00:37:03,673 Yeah, step up and admit what you did. 677 00:37:05,789 --> 00:37:07,308 You know I can't do that. 678 00:37:08,447 --> 00:37:09,865 Forget about the job. 679 00:37:10,979 --> 00:37:12,599 I could go to jail. 680 00:37:14,460 --> 00:37:18,688 The man I know wouldn't be able to live with those bodies on his conscience. 681 00:37:30,037 --> 00:37:35,734 Ariadne Iberra, Ana Pacheco, Max Loeb, and Jose Ruiz. 682 00:37:37,166 --> 00:37:40,558 You were the original prosecutor in the murders of these individuals? 683 00:37:40,710 --> 00:37:41,520 I was. 684 00:37:43,191 --> 00:37:44,938 Do you recognize this duct tape? 685 00:37:45,115 --> 00:37:45,849 I do. 686 00:37:46,502 --> 00:37:51,008 It was the roll of tape found at the crime scene on April 8, 1997. 687 00:37:51,185 --> 00:37:52,350 Where was it found? 688 00:37:54,213 --> 00:37:56,516 Right here outside the meat locker. 689 00:37:57,554 --> 00:37:58,694 And what was done with it? 690 00:37:58,764 --> 00:38:04,030 I saw a crime scene unit Detective Sonnenberg bag it and enter it into evidence. 691 00:38:04,131 --> 00:38:05,093 And then what? 692 00:38:05,245 --> 00:38:08,637 I personally supervised gathering all the evidence at the scene and... 693 00:38:09,061 --> 00:38:13,947 ... transported it from the restaurant to the intake technician at the 39th precinct. 694 00:38:14,094 --> 00:38:17,942 So just to be clear, you saw Detective Sonnenberg... 695 00:38:18,038 --> 00:38:21,785 bag this roll of duct tape and enter it into evidence? 696 00:38:21,962 --> 00:38:22,848 Yes. 697 00:38:37,262 --> 00:38:40,756 Isn't it true that the reason you're not trying this case today... 698 00:38:41,049 --> 00:38:45,428 ... is because you're currently under investigation for falsifying fingerprint evidence... 699 00:38:45,504 --> 00:38:47,454 ... in the first trial of Mr. Thompson? 700 00:38:48,289 --> 00:38:49,479 Yes. 701 00:38:52,232 --> 00:38:54,865 Did you falsify the fingerprint? 702 00:39:15,442 --> 00:39:16,278 Yes. 703 00:39:20,632 --> 00:39:24,024 You admit you've lied before. Why should the jury believe you now? 704 00:39:24,648 --> 00:39:26,750 Because I've just admitted that lie under oath. 705 00:39:28,648 --> 00:39:30,724 Because I'll probably be disbarred. 706 00:39:32,719 --> 00:39:35,175 And I have nothing left to lose. 707 00:39:38,035 --> 00:39:39,377 I'm finished. 708 00:40:14,607 --> 00:40:17,645 - Guilty on all counts. - Thank you! 709 00:40:22,745 --> 00:40:26,846 The firm has decided to sever our relationship with you. 710 00:40:26,942 --> 00:40:29,018 We'd be happy to recommend a public defender. 711 00:40:29,068 --> 00:40:29,625 No. 712 00:40:30,379 --> 00:40:31,417 Excuse me? 713 00:40:31,620 --> 00:40:34,860 Sullivan & Sterling will continue as counsel on my case. 714 00:40:34,906 --> 00:40:36,045 Why would we do that? 715 00:40:36,121 --> 00:40:38,982 Because I have at least seven examples of ineffective assistance... 716 00:40:39,007 --> 00:40:41,260 ... of counsel committed by our boy Todd here. 717 00:40:41,988 --> 00:40:44,140 - That's a lie. - Maybe, 718 00:40:44,292 --> 00:40:47,228 but do you really want to put yourself and the firm through a hearing? 719 00:40:49,091 --> 00:40:50,053 I'll be in touch. 720 00:40:58,660 --> 00:41:00,002 Branch fire him? 721 00:41:00,396 --> 00:41:02,523 Nope, he resigned. 722 00:41:02,725 --> 00:41:06,143 Smart, this way he gets to collect his full pension. 723 00:41:07,986 --> 00:41:09,834 I don't think that entered into it. 724 00:41:10,062 --> 00:41:11,707 You give people too much credit. 725 00:41:12,036 --> 00:41:13,657 You don't give people enough. 726 00:41:15,113 --> 00:41:17,392 Big risk calling him to the stand. 727 00:41:17,493 --> 00:41:18,809 I had no choice. 728 00:41:19,341 --> 00:41:21,240 Why not wait for Eckhart to crucify him? 729 00:41:21,290 --> 00:41:22,784 He would have lied to Eckhart. 730 00:41:22,829 --> 00:41:25,032 Then I'd have known he was giving false testimony. 731 00:41:25,133 --> 00:41:26,652 He could have just as easily lied to you. 732 00:41:26,728 --> 00:41:28,525 - I knew he wouldn't. - Come on. 733 00:41:29,026 --> 00:41:31,052 You've known the guy for 15 years. 734 00:41:31,077 --> 00:41:32,723 You're telling me he never lied to you? 735 00:41:34,014 --> 00:41:35,128 Yeah, he lied to me. 736 00:41:36,540 --> 00:41:38,160 Just not about the law.56918

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