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1
00:00:06,441 --> 00:00:09,748
Thanks for picking me up
from work.
2
00:00:09,792 --> 00:00:10,923
No problem.
3
00:00:11,968 --> 00:00:13,491
Do me a favor, little brother.
4
00:00:13,535 --> 00:00:15,885
Pull over up there.
I need to cash my paycheck.
5
00:00:15,928 --> 00:00:17,930
You think it's still open?
It's kind of late.
6
00:00:17,974 --> 00:00:19,802
Trust me, it's open.
7
00:00:19,845 --> 00:00:21,064
Just pull over.
8
00:00:21,108 --> 00:00:23,153
And wait in the car.
9
00:00:29,420 --> 00:00:31,335
♪ So there's no reason
10
00:00:31,379 --> 00:00:32,989
♪ That a man and another man
can't elope ♪
11
00:00:33,033 --> 00:00:35,296
♪ But if you feel like I feel,
I got the antidote... ♪
12
00:00:35,339 --> 00:00:37,298
♪ Hey, must be the money...♪
13
00:00:37,341 --> 00:00:38,603
♪ I met you
14
00:00:38,647 --> 00:00:40,344
♪ I think I dreamed you
15
00:00:40,388 --> 00:00:44,348
♪ Into life
16
00:00:44,392 --> 00:00:46,350
♪ I knew I loved you
17
00:00:46,394 --> 00:00:48,004
Just drive, man. Just go.
18
00:00:48,048 --> 00:00:50,006
♪ Before I met you
19
00:00:50,050 --> 00:00:52,965
What are you doing?
Go fast.
20
00:00:53,009 --> 00:00:55,707
♪ I have been waiting
all my life ♪
21
00:00:55,751 --> 00:00:58,710
♪ Ooh
22
00:00:58,754 --> 00:00:59,972
You okay?
23
00:01:00,016 --> 00:01:01,670
Just drive, man.
24
00:01:01,713 --> 00:01:04,020
Just drive.
25
00:01:06,022 --> 00:01:07,893
[birds chirping]
26
00:01:11,941 --> 00:01:15,118
Dad, these expire today.
27
00:01:16,163 --> 00:01:18,513
It's fine, honey.
28
00:01:19,557 --> 00:01:20,906
Come on.
29
00:01:20,950 --> 00:01:22,691
I wouldn't feed you
spoiled meat.
30
00:01:22,734 --> 00:01:26,129
Mom told me you used to cut mold
off food and eat around it.
31
00:01:26,173 --> 00:01:28,131
Well, maybe when I was a kid.
32
00:01:28,175 --> 00:01:29,915
And I turned out okay, didn't I?
33
00:01:29,959 --> 00:01:31,439
[laughs]
34
00:01:31,482 --> 00:01:32,918
[doorbell rings]
35
00:01:32,962 --> 00:01:35,225
Kristen, the door!
36
00:01:36,879 --> 00:01:38,228
[doorbell rings]
37
00:01:41,492 --> 00:01:43,973
Afternoon, ma'am.
38
00:01:44,016 --> 00:01:45,322
We're looking for George Brown.
39
00:01:45,366 --> 00:01:47,237
I think you must have
the wrong house.
40
00:01:47,281 --> 00:01:48,891
Nobody named George Brown
lives here.
41
00:01:48,934 --> 00:01:50,936
George Brown?
42
00:01:50,980 --> 00:01:53,417
Are you addressing me?
43
00:01:53,461 --> 00:01:55,071
My name's James Grayson.
44
00:01:55,115 --> 00:01:57,378
Yeah, I'm sure you're
right, Mr. Grayson.
45
00:01:57,421 --> 00:01:59,336
Mix-ups happen all the time.
Could I trouble you
46
00:01:59,380 --> 00:02:00,859
to come down to the local
police station with us
47
00:02:00,903 --> 00:02:02,252
so we can clear this up?
48
00:02:03,297 --> 00:02:05,386
I was barbecuing out back.
49
00:02:05,429 --> 00:02:08,040
I mean, is this important?Actually, we have
50
00:02:08,084 --> 00:02:09,868
an arrest warrant
for George Brown
51
00:02:09,912 --> 00:02:11,479
for a murder
in Staten Island.
52
00:02:11,522 --> 00:02:14,351
Thing is, all the authorities
involved think he lives here.
53
00:02:14,395 --> 00:02:16,048
I think they think he's you.
54
00:02:16,092 --> 00:02:19,356
Pretty sure you're gonna want to
come with us and clear this up.
55
00:02:19,400 --> 00:02:20,488
Look, I-I don't know
what's going on,
56
00:02:20,531 --> 00:02:21,750
but he's not George Brown.
57
00:02:21,793 --> 00:02:24,274
He's Jim Grayson. James Grayson.
58
00:02:24,318 --> 00:02:28,191
Ma'am, I'd like you
to lower your voice and back up.
59
00:02:30,237 --> 00:02:32,587
Mr. Grayson, you have
a nice family here.
60
00:02:32,630 --> 00:02:34,502
You live in
a nice neighborhood.
61
00:02:34,545 --> 00:02:37,200
Don't make me come back with
sirens and lights and...
62
00:02:37,244 --> 00:02:39,985
Let's just clear this up.
63
00:02:40,029 --> 00:02:41,378
Are you sure they know
64
00:02:41,422 --> 00:02:42,771
we're just here
to file a motion?
65
00:02:42,814 --> 00:02:44,207
We've been sitting here
over an hour.
66
00:02:44,251 --> 00:02:45,817
Yeah, I've spoken
to everybody.
67
00:02:45,861 --> 00:02:48,037
They all know
why we're here.
68
00:02:48,080 --> 00:02:50,257
The next arraignment
is for George Brown.
69
00:02:50,300 --> 00:02:52,259
The defendant doesn't have
a lawyer. Mr. Colón.
70
00:02:52,302 --> 00:02:54,391
Would you be so kind
71
00:02:54,435 --> 00:02:56,480
as to stand in
for Mr. Brown's arraignment?
72
00:02:56,524 --> 00:02:59,918
I love the way they make it
sound like you have a choice.
73
00:02:59,962 --> 00:03:01,703
[chuckles]
Yeah.
74
00:03:01,746 --> 00:03:03,966
I'd be, uh, happy to,
Your Honor.
75
00:03:05,010 --> 00:03:06,969
Okay, uh...
76
00:03:07,012 --> 00:03:09,624
any family members here
for George Brown?
77
00:03:09,667 --> 00:03:10,973
I'm his wife.
78
00:03:12,540 --> 00:03:15,586
I didn't know judges could
just assign lawyers like that.
79
00:03:15,630 --> 00:03:16,761
Are you our lawyer now?
80
00:03:16,805 --> 00:03:19,416
No. No, I'm just standing in
81
00:03:19,460 --> 00:03:21,984
until your husband
gets his own attorney.
82
00:03:22,027 --> 00:03:23,986
We only have a few minutes
83
00:03:24,029 --> 00:03:25,292
to try to argue bail.
84
00:03:25,335 --> 00:03:26,597
Is your husband employed?
85
00:03:26,641 --> 00:03:28,599
If so, where?
86
00:03:28,643 --> 00:03:30,297
Uh, what's your family life
like? Does he have any friends?
87
00:03:30,340 --> 00:03:33,735
Yes. He owns a restaurant.
88
00:03:33,778 --> 00:03:36,128
He's a devoted father.
We have three kids.
89
00:03:36,172 --> 00:03:38,305
He's in a bowling league.
What else can I tell you?
90
00:03:38,348 --> 00:03:40,524
We just need to establish that
he has roots in the community.
91
00:03:40,568 --> 00:03:42,047
They want to make sure
he's not a flight risk.
92
00:03:42,091 --> 00:03:44,398
So, the police
arrested your husband
93
00:03:44,441 --> 00:03:48,184
after looking for this murderer
for 18 years?
94
00:03:48,228 --> 00:03:50,360
Mrs. Grayson, it doesn't seem
95
00:03:50,404 --> 00:03:52,232
like the kind of thing
they would do baselessly.
96
00:03:52,275 --> 00:03:54,016
I don't know what to tell you.
97
00:03:54,059 --> 00:03:55,496
I haven't slept for two days.
98
00:03:55,539 --> 00:03:57,106
I just want my husband
to come home.
99
00:03:57,149 --> 00:04:01,241
Look, my kids just want
their dad to come home.
100
00:04:03,765 --> 00:04:05,854
[mouths]
101
00:04:09,336 --> 00:04:10,902
Are you my lawyer?
102
00:04:10,946 --> 00:04:13,862
For the purpose of
this brief hearing.
103
00:04:13,905 --> 00:04:14,993
How bad is it?
104
00:04:15,037 --> 00:04:16,908
It's pretty bad.
105
00:04:16,952 --> 00:04:19,781
You're being charged with
a count of felony murder.
106
00:04:19,824 --> 00:04:23,088
You're looking at
25 years to life.
107
00:04:23,132 --> 00:04:25,743
But all I did
was drive a car.
108
00:04:25,787 --> 00:04:28,093
Please state your name
for the court record.
109
00:04:37,842 --> 00:04:39,496
George Brown.
110
00:04:39,540 --> 00:04:41,411
JUDGE:
How do you plead?
111
00:04:41,455 --> 00:04:44,240
BENNY: Your Honor, we'd like to
enter a plea of not guilty.
112
00:04:44,284 --> 00:04:47,025
George Brown is a family man,
father of three,
113
00:04:47,069 --> 00:04:48,766
community volunteer,
114
00:04:48,810 --> 00:04:50,812
small business owner,
115
00:04:50,855 --> 00:04:52,335
and he employs seven
people in New Jersey.
116
00:04:52,379 --> 00:04:55,033
PELUSO:
Your Honor, 18 years ago,
117
00:04:55,077 --> 00:04:56,513
George Brown was
the getaway driver
118
00:04:56,557 --> 00:04:59,995
in a robbery at a Fast Cash
Express check cashing store.
119
00:05:00,038 --> 00:05:01,910
His coconspirator
and older brother,
120
00:05:01,953 --> 00:05:04,782
Richard Brown,
held up a 25-year-old man
121
00:05:04,826 --> 00:05:07,132
by the name of Kirk
Getty at gunpoint.
122
00:05:07,176 --> 00:05:09,265
He tied him up, gagged him,
123
00:05:09,309 --> 00:05:11,311
and Mr. Getty
asphyxiated to death.
124
00:05:11,354 --> 00:05:15,793
The older Mr. Brown stole $8,000
and fled the scene of the crime.
125
00:05:15,837 --> 00:05:18,883
George Brown
drove the getaway vehicle.
126
00:05:18,927 --> 00:05:21,059
Police arrested
Richard, or Rick,
127
00:05:21,103 --> 00:05:23,148
a short while later.
128
00:05:23,192 --> 00:05:25,368
He was captured on tape
calling George
129
00:05:25,412 --> 00:05:27,588
to tell him where
the stolen money was hidden
130
00:05:27,631 --> 00:05:30,025
and to take the money and flee.
131
00:05:30,068 --> 00:05:33,245
And apparently started a
new life as Jim Grayson.
132
00:05:33,289 --> 00:05:36,031
Did you know he had a brother?No. No. No.
133
00:05:36,074 --> 00:05:38,425
George Brown has been
a fugitive from justice
134
00:05:38,468 --> 00:05:40,035
for 18 years, Your Honor.
135
00:05:40,078 --> 00:05:41,645
His fingerprints,
136
00:05:41,689 --> 00:05:43,255
lifted from the gun
used in the robbery,
137
00:05:43,299 --> 00:05:44,648
were in the system
138
00:05:44,692 --> 00:05:46,824
and finally flagged in
New Jersey a few days ago.
139
00:05:46,868 --> 00:05:49,174
He's clearly a flight risk.
140
00:05:49,218 --> 00:05:51,046
And that is why we are
strenuously requesting
141
00:05:51,089 --> 00:05:53,701
that the Court
deny Mr. Brown bail.
142
00:05:53,744 --> 00:05:55,485
So ordered.
143
00:05:55,529 --> 00:05:57,357
The defendant
is remanded into custody.
144
00:06:06,061 --> 00:06:08,280
I'm so sorry.
145
00:06:08,324 --> 00:06:10,413
So, what happens now?
146
00:06:10,457 --> 00:06:13,634
Now you need to find
a good criminal lawyer,
147
00:06:13,677 --> 00:06:16,201
someone who knows their
way around felony murder.
148
00:06:16,245 --> 00:06:18,421
And where do we find
one of those?
149
00:06:18,465 --> 00:06:21,424
When I get back to my office,
I'll e-mail you a few names.
150
00:06:21,468 --> 00:06:24,122
And what about
the two of you?
151
00:06:24,166 --> 00:06:27,038
Have you ever defended someone
charged with felony murder?
152
00:06:27,082 --> 00:06:28,431
Yes.
153
00:06:28,475 --> 00:06:30,390
And did you win?
154
00:06:30,433 --> 00:06:31,782
Yes.
155
00:06:31,826 --> 00:06:33,958
So why don't we start with you.
156
00:06:34,002 --> 00:06:37,179
After the fantastic job
we just did for you here?
157
00:06:37,222 --> 00:06:39,660
Apparently, he's been
making them look like fools
158
00:06:39,703 --> 00:06:41,139
for almost 20 years.
159
00:06:41,183 --> 00:06:43,577
I don't think Johnnie Cochran
could have gotten him off.
160
00:06:43,620 --> 00:06:45,187
We own a restaurant.
161
00:06:45,230 --> 00:06:46,971
We can pay you.
162
00:06:47,015 --> 00:06:49,191
Just meet with him.
163
00:06:49,234 --> 00:06:50,801
Listen to his side
of the story.
164
00:06:50,845 --> 00:06:53,500
And then if it's not for you...
165
00:06:55,545 --> 00:06:57,155
I'll give him ten minutes.
166
00:06:57,199 --> 00:06:59,941
Thank you.
Thank you so much.
167
00:07:01,725 --> 00:07:03,466
This is my boss,
Dr. Jason Bull.
168
00:07:03,510 --> 00:07:06,251
Your wife wanted us
to meet with you,
169
00:07:06,295 --> 00:07:08,906
hear your story,
and see if we might
170
00:07:08,950 --> 00:07:11,126
want to be of help to you.
171
00:07:11,169 --> 00:07:13,433
How's she doing?
172
00:07:13,476 --> 00:07:16,131
About as well as can be expected
173
00:07:16,174 --> 00:07:18,307
given that after
ten years of marriage,
174
00:07:18,350 --> 00:07:21,310
she just found out
she doesn't really know you.
175
00:07:21,353 --> 00:07:24,705
She doesn't know
your real name.
176
00:07:24,748 --> 00:07:26,489
You want to tell us
how you got here?
177
00:07:26,533 --> 00:07:29,144
It's not much of a story.
178
00:07:32,147 --> 00:07:34,410
I was 18 years old.
179
00:07:34,454 --> 00:07:36,412
My older brother had a DUI,
180
00:07:36,456 --> 00:07:38,370
so I was driving him home
from work.
181
00:07:38,414 --> 00:07:40,068
He was a janitor.
182
00:07:40,111 --> 00:07:42,331
2:00 to 10:00 at the mall.
183
00:07:42,374 --> 00:07:45,334
He said he wanted to go
to this check cashing place.
184
00:07:45,377 --> 00:07:47,467
Did you go inside?I think
185
00:07:47,510 --> 00:07:49,512
I actually fell asleep
in the car waiting.
186
00:07:51,340 --> 00:07:55,213
I had no idea he was planning
on robbing the place.
187
00:07:55,257 --> 00:07:56,954
And what happened after that?
188
00:07:56,998 --> 00:07:59,957
Right after? A lot of nothing.
189
00:08:00,001 --> 00:08:02,394
Went about my life.
I went to school the next day.
190
00:08:02,438 --> 00:08:03,526
Came home. He wasn't there.
191
00:08:03,570 --> 00:08:05,833
Figured he was at work.
192
00:08:05,876 --> 00:08:09,532
But then I went to pick him up,
and he never came to the car.
193
00:08:09,576 --> 00:08:11,055
He was under arrest?
194
00:08:11,099 --> 00:08:12,317
Turns out he had gagged
195
00:08:12,361 --> 00:08:13,580
the guy behind the counter,
196
00:08:13,623 --> 00:08:15,625
but couldn't tie the gag
with his gloves on,
197
00:08:15,669 --> 00:08:17,845
so he took them off.
198
00:08:17,888 --> 00:08:20,412
Once they had his prints,
it was all over.
199
00:08:20,456 --> 00:08:22,719
And they picked him up
at the mall.
200
00:08:22,763 --> 00:08:25,548
I, of course, knew none of this.
201
00:08:25,592 --> 00:08:28,290
Finally, Rick calls me
a couple days later from jail.
202
00:08:28,333 --> 00:08:30,858
Tells me where the money is.
Tells me to take it and run.
203
00:08:30,901 --> 00:08:33,904
So, if all you did
was drive the car,
204
00:08:33,948 --> 00:08:36,124
and if you didn't even know
what your brother did
205
00:08:36,167 --> 00:08:38,692
when he was inside
the check cashing store,
206
00:08:38,735 --> 00:08:40,258
why did he tell you to run?
207
00:08:40,302 --> 00:08:41,651
Why didn't you go
to the authorities,
208
00:08:41,695 --> 00:08:42,870
tell them your story?
209
00:08:42,913 --> 00:08:46,438
Rick told me
the public defender told him
210
00:08:46,482 --> 00:08:49,224
they were about to put out
a warrant for my arrest.
211
00:08:49,267 --> 00:08:50,747
They were convinced
we were in it together.
212
00:08:50,791 --> 00:08:52,444
Something called
a joint venture.
213
00:08:52,488 --> 00:08:54,359
Ah. In which case,
214
00:08:54,403 --> 00:08:57,319
even though you were
only the getaway driver,
215
00:08:57,362 --> 00:08:58,668
in the eyes of the law,
216
00:08:58,712 --> 00:09:00,278
you're as guilty as the
person who held the gun.
217
00:09:00,322 --> 00:09:04,326
And since someone died,
everyone's charged with murder.
218
00:09:04,369 --> 00:09:05,893
Hmm.
219
00:09:05,936 --> 00:09:07,895
So now you're on the run.
220
00:09:07,938 --> 00:09:09,636
[exhales]
221
00:09:09,679 --> 00:09:12,073
Moved around New England
for about a year.
222
00:09:12,116 --> 00:09:13,596
Slept in bus stations.
223
00:09:13,640 --> 00:09:15,859
Didn't talk to anyone.
224
00:09:15,903 --> 00:09:19,907
And then I met a guy
selling drugs in the bus station
225
00:09:19,950 --> 00:09:22,213
who told me he could get me
226
00:09:22,257 --> 00:09:25,826
a dead person's
Social Security number for $350.
227
00:09:27,828 --> 00:09:30,961
And Jim Grayson was born.
228
00:09:33,094 --> 00:09:35,313
Stupid.
229
00:09:35,357 --> 00:09:37,098
I went to renew
my liquor license
230
00:09:37,141 --> 00:09:38,752
about a month ago.
231
00:09:38,795 --> 00:09:40,144
They asked for my prints.
232
00:09:40,188 --> 00:09:43,191
I didn't think a thing about it.
233
00:09:43,234 --> 00:09:46,020
Pretty sure
that's what did me in.
234
00:09:49,806 --> 00:09:51,416
BENNY:
Mrs. Grayson?
235
00:09:52,592 --> 00:09:54,419
So, that was an awfully long
ten minutes.
236
00:09:54,463 --> 00:09:55,551
How's he doing?
237
00:09:55,595 --> 00:09:57,118
[chuckles]
238
00:09:57,161 --> 00:09:58,641
That's funny.
239
00:09:58,685 --> 00:10:00,948
He asked the exact same
question about you.
240
00:10:00,991 --> 00:10:02,950
My sense is that he is overcome
241
00:10:02,993 --> 00:10:06,518
with regret and remorse,
242
00:10:06,562 --> 00:10:10,131
and at the exact same time,
he is angry and bitter
243
00:10:10,174 --> 00:10:12,742
because any logical
examination of the facts
244
00:10:12,786 --> 00:10:14,875
suggests that...
245
00:10:14,918 --> 00:10:17,007
he didn't really
do anything.
246
00:10:17,051 --> 00:10:18,530
You sound
like you're on his side.
247
00:10:18,574 --> 00:10:20,489
You sound like you believe him.
248
00:10:22,360 --> 00:10:23,884
I guess I do.
249
00:10:23,927 --> 00:10:26,974
Does that mean you'd be willing
to represent him?
250
00:10:29,629 --> 00:10:31,935
I guess it does.
251
00:10:31,979 --> 00:10:33,981
♪
252
00:10:41,118 --> 00:10:42,467
ADA Peluso. Thanks
for coming by.
253
00:10:42,511 --> 00:10:43,730
Dr. Bull's expecting you.
254
00:10:43,773 --> 00:10:46,907
Any excuse to get out
of the office.
255
00:10:46,950 --> 00:10:49,605
So, I'm guessing we're all here
to talk plea deal?
256
00:10:49,649 --> 00:10:51,172
Well, I can't speak for you,
257
00:10:51,215 --> 00:10:54,610
but Dr. Bull and I are here
to talk about dismissal.
258
00:10:54,654 --> 00:10:57,657
Dismissal?
Well, it's good to have a dream.
259
00:10:57,700 --> 00:10:58,570
[chuckles]
260
00:10:58,614 --> 00:11:00,572
Well, the joke's not lost on me,
261
00:11:00,616 --> 00:11:03,619
but let's talk it through
for a second.
262
00:11:03,663 --> 00:11:05,403
No matter how you slice it,
263
00:11:05,447 --> 00:11:08,580
prosecuting that man
is still a moral conundrum.
264
00:11:08,624 --> 00:11:12,759
After all, the primary function
of our criminal justice system
265
00:11:12,802 --> 00:11:16,197
is to provide deterrence,
protect society,
266
00:11:16,240 --> 00:11:18,242
punish people
who commit crimes,
267
00:11:18,286 --> 00:11:21,681
and rehabilitate criminals
once we have them in custody.
268
00:11:21,724 --> 00:11:23,726
Now, hasn't all of that
269
00:11:23,770 --> 00:11:25,902
already been accomplished
with regard to George Brown?
270
00:11:25,946 --> 00:11:27,643
He's led a successful
and productive life
271
00:11:27,687 --> 00:11:28,992
since the robbery.
272
00:11:29,036 --> 00:11:30,907
He's not a danger to society.
273
00:11:30,951 --> 00:11:34,171
And he has no intention
to commit another crime.
274
00:11:34,215 --> 00:11:35,912
So... [chuckles]
275
00:11:35,956 --> 00:11:39,307
what would be the point
of sending him to prison?
276
00:11:39,350 --> 00:11:43,137
Dr. Bull, this trial isn't
an ethics symposium.
277
00:11:43,180 --> 00:11:45,617
We can't just give someone
a "get out of jail free" card
278
00:11:45,661 --> 00:11:47,663
for evading the law.
279
00:11:47,707 --> 00:11:48,969
Come on, did you really think
280
00:11:49,012 --> 00:11:50,797
I was gonna roll over
for you that easily?
281
00:11:50,840 --> 00:11:52,407
He's an innocent man.
282
00:11:52,450 --> 00:11:54,235
Maybe he is...
283
00:11:54,278 --> 00:11:56,803
and maybe he isn't.
284
00:11:56,846 --> 00:12:00,502
That is why we're having
a trial.
285
00:12:00,545 --> 00:12:02,722
See you on the ice, gentlemen.
286
00:12:04,419 --> 00:12:05,768
BULL:
A man can't be found guilty
287
00:12:05,812 --> 00:12:08,728
of a murder simply because
it happened in his midst.
288
00:12:08,771 --> 00:12:11,643
And he absolutely can't
be found guilty
289
00:12:11,687 --> 00:12:12,906
of a murder in which
he took no part
290
00:12:12,949 --> 00:12:14,516
and was not even aware.
291
00:12:14,559 --> 00:12:16,213
BENNY: So that's
our narrative?
292
00:12:16,257 --> 00:12:17,214
We're gonna make
the government prove
293
00:12:17,258 --> 00:12:19,216
that George knew
what was going on?
294
00:12:19,260 --> 00:12:21,523
Yeah. To be held accountable
for a joint venture,
295
00:12:21,566 --> 00:12:23,307
George had to have known
296
00:12:23,351 --> 00:12:25,919
that his brother was gonna
commit armed robbery.
297
00:12:25,962 --> 00:12:27,529
And he didn't know.
298
00:12:27,572 --> 00:12:29,574
How in the world are
we gonna prove that?
299
00:12:29,618 --> 00:12:32,316
We'll start by showing the jury
what kind of man he is.
300
00:12:32,360 --> 00:12:34,797
And the key to that is his wife.
301
00:12:34,841 --> 00:12:35,755
Chunk.
302
00:12:35,798 --> 00:12:37,321
Let's get her in here.
303
00:12:37,365 --> 00:12:38,758
What's important
304
00:12:38,801 --> 00:12:40,063
is when she is sitting
in that courtroom,
305
00:12:40,107 --> 00:12:42,805
that she sends the right message
to the jurors.
306
00:12:42,849 --> 00:12:44,589
She loves this man.
307
00:12:44,633 --> 00:12:46,809
She trusts this man.
308
00:12:46,853 --> 00:12:48,593
This is a good man.
309
00:12:48,637 --> 00:12:50,857
All right. I'll do
whatever I can
310
00:12:50,900 --> 00:12:52,815
to get her
in here today.
311
00:12:52,859 --> 00:12:55,165
And what do we know about how
and from whom
312
00:12:55,209 --> 00:12:57,472
he bought this fake
Social Security number?
313
00:12:57,515 --> 00:12:59,822
Well, he says he met a guy
at a bus station.
314
00:12:59,866 --> 00:13:00,954
Says his name was Joe,
315
00:13:00,997 --> 00:13:03,130
and he sold cell phones
in Burlington,
316
00:13:03,173 --> 00:13:04,696
which makes sense,
317
00:13:04,740 --> 00:13:06,873
'cause to buy a cell phone,
you have to buy a plan;
318
00:13:06,916 --> 00:13:08,613
to buy a plan,
you have to give the merchant
319
00:13:08,657 --> 00:13:09,832
your Social Security number.
320
00:13:09,876 --> 00:13:11,834
Well, at least
you did back then.
321
00:13:11,878 --> 00:13:13,836
Any thoughts on voir dire?
322
00:13:13,880 --> 00:13:15,707
The more I think about it,
the more I think
323
00:13:15,751 --> 00:13:19,189
the answer lies in...
generativity.
324
00:13:19,233 --> 00:13:20,843
Okay, I'm out.
325
00:13:20,887 --> 00:13:22,584
Yeah, me, too.
326
00:13:22,627 --> 00:13:23,933
Seven years of college
327
00:13:23,977 --> 00:13:26,153
and I have no idea
what you're talking about.
328
00:13:26,196 --> 00:13:29,243
Generativity is the concern for,
329
00:13:29,286 --> 00:13:31,593
and belief in, the future.
330
00:13:31,636 --> 00:13:33,551
And a commitment
to the idea that no matter
331
00:13:33,595 --> 00:13:37,164
how bad things may be
at any given moment,
332
00:13:37,207 --> 00:13:40,080
you can persevere
and redeem yourself.
333
00:13:41,733 --> 00:13:43,561
Let me give you an example.
334
00:13:43,605 --> 00:13:44,824
Marissa.
335
00:13:44,867 --> 00:13:47,696
If you say so.
336
00:13:47,739 --> 00:13:49,132
I mean it as a compliment.
337
00:13:49,176 --> 00:13:51,569
It's an admirable quality
in a person.
338
00:13:51,613 --> 00:13:54,398
So, tell me your life story.
339
00:13:54,442 --> 00:13:56,748
Boil it down to what
you think's relevant.
340
00:13:56,792 --> 00:14:00,796
I was adopted into
a wonderful family.
341
00:14:00,840 --> 00:14:02,885
And meeting my birth parents
342
00:14:02,929 --> 00:14:04,626
made me appreciate
different ways
343
00:14:04,669 --> 00:14:06,497
my life could have ended up.
344
00:14:07,847 --> 00:14:09,892
But I like the way it's gone.
345
00:14:09,936 --> 00:14:12,242
I worked
for Homeland Security.
346
00:14:12,286 --> 00:14:15,158
I developed an algorithm to try
to help understand people,
347
00:14:15,202 --> 00:14:18,509
which led me to you.
348
00:14:18,553 --> 00:14:22,165
I have had a string
of interesting relationships.
349
00:14:22,209 --> 00:14:26,517
Some good, one Kyle.
350
00:14:26,561 --> 00:14:29,390
But none of them broke me,
351
00:14:29,433 --> 00:14:31,914
and none of them made me
who I am.
352
00:14:34,438 --> 00:14:35,962
You see?
353
00:14:36,005 --> 00:14:37,746
Highly generative people,
354
00:14:37,789 --> 00:14:39,574
they're driven
to help others
355
00:14:39,617 --> 00:14:40,923
for the betterment
of the future,
356
00:14:40,967 --> 00:14:42,969
because they see the arcs
of their lives
357
00:14:43,012 --> 00:14:45,319
as redemption stories.
358
00:14:45,362 --> 00:14:46,929
And that's what we want.
359
00:14:46,973 --> 00:14:50,324
Jurors, who no matter what
the prosecution presents,
360
00:14:50,367 --> 00:14:52,892
will only see a man
who's changed,
361
00:14:52,935 --> 00:14:56,852
making a good life
out of a bad circumstance.
362
00:14:56,896 --> 00:14:58,158
BENNY:
So tell me,
363
00:14:58,201 --> 00:15:00,421
if you lost your job today,
364
00:15:00,464 --> 00:15:02,249
where would you be
in five years?
365
00:15:02,292 --> 00:15:05,295
I guess I'd try to find a
similar position somewhere else.
366
00:15:05,339 --> 00:15:07,341
And if that didn't work, well,
367
00:15:07,384 --> 00:15:09,125
I'd just try
and find another job.
368
00:15:09,169 --> 00:15:12,041
I'd like to think I'm
the captain of my own destiny.
369
00:15:14,478 --> 00:15:17,655
This juror is acceptable
to the defense, Your Honor.
370
00:15:17,699 --> 00:15:19,788
MARISSA:
This should be interesting.
371
00:15:19,831 --> 00:15:23,705
Harold King was essentially
homeless from the age of 13 on.
372
00:15:23,748 --> 00:15:26,490
Grew up on the streets,
hustling for food and money.
373
00:15:26,534 --> 00:15:28,753
Finally got
a legitimate job working
374
00:15:28,797 --> 00:15:30,494
for a private sanitation
company.
375
00:15:30,538 --> 00:15:32,670
Worked there for 22 years,
376
00:15:32,714 --> 00:15:34,759
till he was suddenly laid off
last Christmas.
377
00:15:34,803 --> 00:15:36,718
Six weeks later,
his wife left him.
378
00:15:36,761 --> 00:15:38,546
It's a wonder he can
get out of bed.
379
00:15:38,589 --> 00:15:40,809
Let me ask you
a question, sir.
380
00:15:40,852 --> 00:15:42,942
Would you trade your life
for anyone else's?
381
00:15:44,421 --> 00:15:45,988
Not a chance in hell.
382
00:15:46,032 --> 00:15:49,600
Everything I've been through
has made me who I am today.
383
00:15:49,644 --> 00:15:51,951
I love that man.
384
00:15:54,954 --> 00:15:57,957
"Mr. Palmer, you continue
to confuse the law
385
00:15:58,000 --> 00:15:59,741
"with some kind of game show.
386
00:15:59,784 --> 00:16:01,743
"It's not about winning
and losing.
387
00:16:01,786 --> 00:16:03,963
It's about the search
for what is right."
388
00:16:04,006 --> 00:16:06,704
A "D." Damn it. A "D"?
389
00:16:06,748 --> 00:16:08,054
[scoffs]
390
00:16:08,097 --> 00:16:09,794
[knocking on door]
391
00:16:09,838 --> 00:16:12,232
Hi. I'm Kristen.
392
00:16:12,275 --> 00:16:14,756
Jim's wife--
uh, George's wife.
393
00:16:14,799 --> 00:16:16,714
I-I just came straight
from the courthouse.
394
00:16:16,758 --> 00:16:20,022
Dr. Bull wanted me
to do some witness prep?
395
00:16:20,066 --> 00:16:22,677
Although, nobody's told me
I was going to be a witness.
396
00:16:22,720 --> 00:16:24,070
Oh, hi.
397
00:16:24,113 --> 00:16:25,897
I'm Chunk Palmer.
It's nice to meet you.
398
00:16:25,941 --> 00:16:27,943
And no, you won't be
going on the stand.
399
00:16:27,987 --> 00:16:30,902
Not in the immediate
future, at least.
400
00:16:30,946 --> 00:16:32,382
Then what's the point?
401
00:16:35,081 --> 00:16:37,909
We just want to make sure
that you're mindful,
402
00:16:37,953 --> 00:16:40,216
that even when you're
sitting in the gallery,
403
00:16:40,260 --> 00:16:42,914
that the jury is
still watching you.
404
00:16:42,958 --> 00:16:46,005
No. I know.
405
00:16:46,048 --> 00:16:47,441
It's important.
406
00:16:47,484 --> 00:16:49,399
It's all important.
407
00:16:49,443 --> 00:16:51,053
I actually went
408
00:16:51,097 --> 00:16:54,535
to go see him last night
in jail.
409
00:16:54,578 --> 00:16:56,798
Not a moment I ever imagined,
410
00:16:56,841 --> 00:16:59,670
but I needed to know
what was true and what wasn't,
411
00:16:59,714 --> 00:17:03,065
about everything
he's ever told me.
412
00:17:03,109 --> 00:17:06,025
And he was honest
about everything that mattered.
413
00:17:07,461 --> 00:17:11,769
I mentioned our kids
and he cried.
414
00:17:11,813 --> 00:17:13,162
Do you have kids?
415
00:17:13,206 --> 00:17:15,817
Yeah. One.
416
00:17:15,860 --> 00:17:18,994
They're just... your everything.
417
00:17:19,038 --> 00:17:21,649
And the shock
of all of it,
418
00:17:21,692 --> 00:17:23,781
knowing that their last names--
419
00:17:23,825 --> 00:17:26,523
my last name--
is made up, bought.
420
00:17:26,567 --> 00:17:29,135
I got so mad.
421
00:17:29,178 --> 00:17:32,877
And then he reminded me
that their first names...
422
00:17:32,921 --> 00:17:35,054
those were ours.
423
00:17:36,925 --> 00:17:39,101
Our first baby, Malone,
424
00:17:39,145 --> 00:17:42,017
before she arrived,
we had no money.
425
00:17:42,061 --> 00:17:43,497
And so for fun, we would go
426
00:17:43,540 --> 00:17:45,020
to these minor league
baseball games.
427
00:17:45,064 --> 00:17:48,154
And they cost, like,
two dollars a ticket.
428
00:17:48,197 --> 00:17:51,026
And they had this shortstop,
Malone Jackson.
429
00:17:51,070 --> 00:17:53,333
And Jimmy...
430
00:17:53,376 --> 00:17:55,422
George loved him.
431
00:17:55,465 --> 00:17:57,076
He loves everything
about baseball,
432
00:17:57,119 --> 00:17:59,991
but he really loved him.
433
00:18:00,035 --> 00:18:01,689
And so I loved him, too.
434
00:18:03,473 --> 00:18:07,129
And when the baby came,
and she was a she,
435
00:18:07,173 --> 00:18:09,958
we said "so what,"
436
00:18:10,001 --> 00:18:13,092
and she became Malone.
437
00:18:16,921 --> 00:18:18,836
That's her.
438
00:18:18,880 --> 00:18:20,751
That's Malone.
[sniffs]
439
00:18:20,795 --> 00:18:24,146
And Ella and Richard.
440
00:18:24,190 --> 00:18:27,845
They're with my mom right now.
441
00:18:27,889 --> 00:18:30,152
They miss him so much.
442
00:18:32,546 --> 00:18:34,069
This...
443
00:18:34,113 --> 00:18:37,159
how you look and feel right now,
444
00:18:37,203 --> 00:18:38,726
that's what we need
in the courtroom.
445
00:18:38,769 --> 00:18:41,729
So, when you're
sitting there,
446
00:18:41,772 --> 00:18:43,339
and the prosecution
is making him out
447
00:18:43,383 --> 00:18:45,820
to be anything but
the man you know,
448
00:18:45,863 --> 00:18:49,215
remember this feeling.
449
00:18:49,258 --> 00:18:51,869
It's gonna give you peace.
450
00:18:51,913 --> 00:18:56,135
And it's gonna help the jury see
who George really is.
451
00:19:11,062 --> 00:19:13,195
Ladies and gentleman
of the jury,
452
00:19:13,239 --> 00:19:17,112
I am here to tell you
about an innocent man,
453
00:19:17,156 --> 00:19:20,420
who endured
difficult circumstances
454
00:19:20,463 --> 00:19:22,117
early in his life,
455
00:19:22,161 --> 00:19:25,729
only to make something
of himself.
456
00:19:25,773 --> 00:19:29,820
My client was born George Brown,
457
00:19:29,864 --> 00:19:32,867
to parents
Malone and Ella Brown.
458
00:19:32,910 --> 00:19:34,477
[gasps]
459
00:19:34,521 --> 00:19:37,654
Both parents were killed
in a car accident
460
00:19:37,698 --> 00:19:39,482
when George was only ten.
461
00:19:39,526 --> 00:19:41,136
And his brother,
Richard Brown,
462
00:19:41,180 --> 00:19:42,529
raised him for the
next eight years.
463
00:19:42,572 --> 00:19:44,270
Your wife suddenly
464
00:19:44,313 --> 00:19:46,837
seems very upset.BENNY: George Brown
is a loving husband...
465
00:19:46,881 --> 00:19:48,622
Marissa, is Chunk there?BENNY: ...a devoted father...
466
00:19:48,665 --> 00:19:50,885
Did he even prepare Kristen
at all?
467
00:19:50,928 --> 00:19:52,669
She looks like she's about
to fall apart.
468
00:19:52,713 --> 00:19:54,236
I don't know what to say.
469
00:19:54,280 --> 00:19:56,107
I worked with the woman
for almost an hour.
470
00:19:56,151 --> 00:19:59,023
Here it is online.
Malone and Ella Brown.
471
00:19:59,067 --> 00:20:02,201
"Fatal collision kills parents
of two in Staten Island."
472
00:20:02,244 --> 00:20:03,637
Wait a second.
473
00:20:03,680 --> 00:20:06,335
Did you say Malone and Ella?
474
00:20:06,379 --> 00:20:09,120
Those are his parents' names?
475
00:20:09,164 --> 00:20:11,253
Those are the names
of their kids.
476
00:20:11,297 --> 00:20:13,473
He lied to her again.
477
00:20:13,516 --> 00:20:15,997
BENNY: The two boys didn't have
an easy time of it,
478
00:20:16,040 --> 00:20:19,783
but nonetheless, they had
to do what they had to do,
479
00:20:19,827 --> 00:20:21,307
in order to get on...Face front.
480
00:20:21,350 --> 00:20:22,308
You're only making
things worse.
481
00:20:22,351 --> 00:20:23,874
BENNY:
The older brother, Richard,
482
00:20:23,918 --> 00:20:26,268
took a job as a janitor
at the local mall,
483
00:20:26,312 --> 00:20:28,183
and George went about
484
00:20:28,227 --> 00:20:30,403
completing his
high school education.
485
00:20:30,446 --> 00:20:32,231
[gallery murmuring]
486
00:20:36,365 --> 00:20:37,932
[door closes][sighs]
487
00:20:43,851 --> 00:20:45,896
[knocking on door]
488
00:20:53,339 --> 00:20:55,471
You okay?
489
00:20:55,515 --> 00:20:57,473
My children
are named after parents
490
00:20:57,517 --> 00:20:59,301
I never knew anything about,
491
00:20:59,345 --> 00:21:01,477
and a brother-in-law
I never met.
492
00:21:01,521 --> 00:21:03,436
Why would he do that?
493
00:21:03,479 --> 00:21:05,481
That's not a lie he needed
to tell me,
494
00:21:05,525 --> 00:21:08,310
and how many more of those
are there?
495
00:21:08,354 --> 00:21:11,139
Well, lies are funny things.
496
00:21:11,182 --> 00:21:14,055
I can tell you
from personal experience,
497
00:21:14,098 --> 00:21:17,624
you convince yourself
there's only one lie
498
00:21:17,667 --> 00:21:19,408
you need to tell
out of necessity.
499
00:21:21,018 --> 00:21:23,543
And then the others...
500
00:21:23,586 --> 00:21:27,329
the others just...
happen.
501
00:21:27,373 --> 00:21:29,244
It's all too much.
502
00:21:29,288 --> 00:21:30,593
I know it seems
that way,
503
00:21:30,637 --> 00:21:32,726
but he needs you.
504
00:21:32,769 --> 00:21:34,597
And tomorrow,
the prosecution
505
00:21:34,641 --> 00:21:36,469
is gonna begin
to present its case.
506
00:21:36,512 --> 00:21:39,167
And if you're not there,
he has no one,
507
00:21:39,210 --> 00:21:41,474
and the jury's gonna notice.
508
00:21:41,517 --> 00:21:43,563
They certainly did
when you left.
509
00:21:43,606 --> 00:21:44,868
PELUSO:
So after executing
510
00:21:44,912 --> 00:21:46,653
the search warrant
on the suspect's premises,
511
00:21:46,696 --> 00:21:47,958
what did you find?
512
00:21:48,002 --> 00:21:50,352
We found a gun under a mattress
513
00:21:50,396 --> 00:21:52,441
in what we determined
to be Rick Brown's bedroom
514
00:21:52,485 --> 00:21:55,705
in the apartment that, uh,
Rick and George Brown lived in.
515
00:21:55,749 --> 00:21:57,577
Stop looking for her.PELUSO: Were you able
to lift fingerprints...
516
00:21:57,620 --> 00:21:59,448
All you're doing is calling
the jury's attention
517
00:21:59,492 --> 00:22:01,537
to the fact that
she's not here.DETECTIVE: Yes. Two sets.
518
00:22:01,581 --> 00:22:03,191
Did you determine
who they belonged to?
519
00:22:03,234 --> 00:22:05,498
Rick Brown and the defendant,
George Brown.
520
00:22:05,541 --> 00:22:07,587
[gallery murmuring]
521
00:22:07,630 --> 00:22:09,676
[clears throat]
522
00:22:09,719 --> 00:22:11,895
[exhales]
523
00:22:11,939 --> 00:22:15,159
You sent the gun
to the crime lab.
524
00:22:15,203 --> 00:22:16,552
We certainly did.
525
00:22:16,596 --> 00:22:18,728
And you got
my client's prints back.
526
00:22:18,772 --> 00:22:20,121
We certainly did.
527
00:22:24,778 --> 00:22:26,780
[gallery murmuring]
528
00:22:33,526 --> 00:22:35,354
[quietly]:
Tell Chunk mission accomplished.
529
00:22:35,397 --> 00:22:36,877
And thank you.
530
00:22:37,921 --> 00:22:41,664
Now, just to be clear,
531
00:22:41,708 --> 00:22:44,667
do these prints show you
532
00:22:44,711 --> 00:22:47,366
when George Brown
touched the gun?
533
00:22:47,409 --> 00:22:48,671
No.
534
00:22:48,715 --> 00:22:51,674
And do they reveal
how he handled the gun?
535
00:22:51,718 --> 00:22:53,633
I mean, I would
think there's one set
536
00:22:53,676 --> 00:22:56,984
of prints you typically get
when someone uses a gun
537
00:22:57,027 --> 00:22:59,160
and perhaps
a different pattern of prints
538
00:22:59,203 --> 00:23:01,467
when someone handles the gun.
539
00:23:01,510 --> 00:23:04,774
Uh, picks it up, uh, to move it.
540
00:23:04,818 --> 00:23:05,775
Something like that.
541
00:23:05,819 --> 00:23:07,211
I suppose that's true.
542
00:23:07,255 --> 00:23:10,171
Well, it's either true
or it isn't, Detective.
543
00:23:10,214 --> 00:23:11,564
Yes.
544
00:23:11,607 --> 00:23:13,261
If someone used the gun,
545
00:23:13,304 --> 00:23:14,828
the location of the prints
would be different
546
00:23:14,871 --> 00:23:16,438
than if somebody
handled the gun.
547
00:23:16,482 --> 00:23:18,397
BENNY:
And would you say
548
00:23:18,440 --> 00:23:21,791
that the pattern of his prints
is consistent
549
00:23:21,835 --> 00:23:24,098
with someone
who had used the gun?
550
00:23:25,752 --> 00:23:26,883
No,
551
00:23:26,927 --> 00:23:28,102
I would not.
552
00:23:28,145 --> 00:23:29,277
BENNY:
And you've already testified
553
00:23:29,320 --> 00:23:31,801
that the prints
don't indicate
554
00:23:31,845 --> 00:23:34,021
when my client
might have handled the gun.
555
00:23:34,064 --> 00:23:35,457
Isn't that correct?
556
00:23:35,501 --> 00:23:36,893
Your Honor,
counsel's testifying.
557
00:23:36,937 --> 00:23:37,894
Overruled.
558
00:23:37,938 --> 00:23:39,461
Continue, Mr. Colón.
559
00:23:39,505 --> 00:23:40,462
Yes, Your Honor.
560
00:23:40,506 --> 00:23:43,334
So, to sum it up,
561
00:23:43,378 --> 00:23:45,902
you have my client's prints
562
00:23:45,946 --> 00:23:48,644
on a gun that belonged to a man
563
00:23:48,688 --> 00:23:52,648
that he had shared a home with
his entire life.
564
00:23:52,692 --> 00:23:54,433
Not a surprise.
565
00:23:54,476 --> 00:23:57,000
The prints don't prove
he used the gun
566
00:23:57,044 --> 00:24:00,177
or that it was in his possession
567
00:24:00,221 --> 00:24:03,833
at any time in
or around the robbery.
568
00:24:03,877 --> 00:24:07,750
Is that an accurate reflection
of your testimony, Detective?
569
00:24:08,795 --> 00:24:10,318
Yes.
570
00:24:10,361 --> 00:24:12,146
No further questions,
Your Honor.
571
00:24:14,844 --> 00:24:16,150
How's the weather over there?
572
00:24:16,193 --> 00:24:17,717
We still frozen out?
573
00:24:17,760 --> 00:24:19,980
Actually, I'm starting
to feel a bit of a thaw.
574
00:24:20,023 --> 00:24:22,156
We picked up one green juror.
575
00:24:22,199 --> 00:24:24,375
I'll take it.
576
00:24:24,419 --> 00:24:25,942
And I just had a thought.
577
00:24:25,986 --> 00:24:27,683
See if you can get Benny and me
578
00:24:27,727 --> 00:24:30,033
two visitors' passes
to Green Haven.
579
00:24:31,208 --> 00:24:34,516
We'd like to sit
down with Rick Brown.
580
00:24:34,560 --> 00:24:36,562
[lock buzzes]
581
00:24:40,870 --> 00:24:43,656
Mr. Brown, my name's
Dr. Jason Bull.
582
00:24:43,699 --> 00:24:44,918
This is
583
00:24:44,961 --> 00:24:46,746
Benjamin Colón.
584
00:24:46,789 --> 00:24:48,922
We're here on behalf of
your brother, George Brown.
585
00:24:48,965 --> 00:24:50,793
On behalf
of your brother
586
00:24:50,837 --> 00:24:53,056
and his wife Kristen
587
00:24:53,100 --> 00:24:55,406
and their three children,
588
00:24:55,450 --> 00:24:57,800
your nieces and nephew.
589
00:24:59,236 --> 00:25:01,412
He's a dad? He's a...
590
00:25:01,456 --> 00:25:04,241
I'm an uncle?
591
00:25:04,285 --> 00:25:06,853
[exhales]
Uh...
592
00:25:08,811 --> 00:25:11,727
Wh-Where is he? Is he okay?
593
00:25:11,771 --> 00:25:14,034
He's on trial
for the murder of Kirk Getty.
594
00:25:17,037 --> 00:25:20,170
My God.
595
00:25:20,214 --> 00:25:22,521
BULL: We're trying
to help your brother.
596
00:25:22,564 --> 00:25:23,913
Mr. Colón is
his attorney,
597
00:25:23,957 --> 00:25:26,829
and I'm what they call
a trial scientist.
598
00:25:26,873 --> 00:25:29,571
Now, obviously,
we know George's version
599
00:25:29,615 --> 00:25:32,139
of what happened that night.
But only you know
600
00:25:32,182 --> 00:25:35,795
what went on inside
the check cashing shop.
601
00:25:35,838 --> 00:25:38,188
RICK: What do you
want to know?
602
00:25:38,232 --> 00:25:40,582
I was-was all bundled up.
603
00:25:40,626 --> 00:25:42,541
Big coat.
604
00:25:42,584 --> 00:25:43,933
Scarves.
605
00:25:43,977 --> 00:25:45,979
Ski gloves.
606
00:25:46,980 --> 00:25:49,460
It was cold.
607
00:25:49,504 --> 00:25:51,680
Plus...
[stammers]
608
00:25:51,724 --> 00:25:53,552
I knew there was a camera.
609
00:25:53,595 --> 00:25:54,944
And you were armed?
610
00:25:54,988 --> 00:25:56,555
I had a gun.
611
00:25:56,598 --> 00:25:58,557
And it wasn't loaded.
612
00:26:00,036 --> 00:26:01,995
Plus, I-I was wearing gloves.
613
00:26:02,038 --> 00:26:04,911
[stammers]
You ever try to hold a gun
614
00:26:04,954 --> 00:26:05,868
while you're wearing ski gloves?
615
00:26:05,912 --> 00:26:07,217
BENNY:
Wait a second.
616
00:26:07,261 --> 00:26:09,611
Go back to the part
where the gun wasn't loaded.
617
00:26:09,655 --> 00:26:11,874
What about it?
There was no reason toload it.
618
00:26:11,918 --> 00:26:14,007
I wasn't planning
on shooting it.
619
00:26:14,050 --> 00:26:15,486
And why was that?
620
00:26:15,530 --> 00:26:18,054
Because I wasn't planning
on killing Kirk.
621
00:26:18,098 --> 00:26:19,926
He was my friend.
622
00:26:21,492 --> 00:26:24,060
Well, if you didn't plan
on using the gun
623
00:26:24,104 --> 00:26:26,236
and Kirk was your friend,
624
00:26:26,280 --> 00:26:28,630
what was your plan?I was planning
625
00:26:28,674 --> 00:26:29,762
on paying some bills.
626
00:26:29,805 --> 00:26:32,242
I was planning on being
a good brother.
627
00:26:32,286 --> 00:26:34,941
George started talking
about wanting to go
628
00:26:34,984 --> 00:26:37,334
to cooking school
after he graduated.
629
00:26:39,554 --> 00:26:41,034
And I met this guy at the mall.
630
00:26:41,077 --> 00:26:43,558
He worked at the Sunglass Hut.
631
00:26:43,602 --> 00:26:47,301
He ended up getting a job
at the check cashing place.
632
00:26:47,344 --> 00:26:50,304
And he wanted to buy
a motorcycle, this guy.
633
00:26:50,347 --> 00:26:52,654
[stammers]
634
00:26:52,698 --> 00:26:55,701
We thought
we were so freakin' brilliant.
635
00:26:55,744 --> 00:26:56,789
Wait a second. I'm...
636
00:26:56,832 --> 00:26:58,051
I'm confused.
637
00:26:58,094 --> 00:27:00,836
So, your friend, how did he die?
638
00:27:00,880 --> 00:27:03,099
We knew that they had cameras.
639
00:27:03,143 --> 00:27:05,841
We knew we had to put on a show.
640
00:27:05,885 --> 00:27:08,278
I came in there,
waved the gun around,
641
00:27:08,322 --> 00:27:12,021
I tied him up,
put a gag in his mouth.
642
00:27:12,065 --> 00:27:14,981
And then I don't
know what happened.
643
00:27:15,024 --> 00:27:17,418
By the time I was done,
644
00:27:17,461 --> 00:27:20,508
you know, they to-- they told me
they think he panicked.
645
00:27:20,551 --> 00:27:24,643
He threw up,
choked on his own vomit.
646
00:27:27,036 --> 00:27:29,430
Tell me about George.
647
00:27:29,473 --> 00:27:31,171
You tell me about George.
648
00:27:31,214 --> 00:27:33,739
Did he have any idea
what was going on?
649
00:27:33,782 --> 00:27:35,088
Not a clue. He was just...
650
00:27:35,131 --> 00:27:36,698
He was my ride. That's all.
651
00:27:36,742 --> 00:27:39,048
Period.
652
00:27:39,092 --> 00:27:40,702
You want to make this right?
653
00:27:40,746 --> 00:27:43,052
What do you mean? How?
654
00:27:43,096 --> 00:27:45,054
Testify on his behalf.
655
00:27:45,098 --> 00:27:46,229
I'd love to.
656
00:27:46,273 --> 00:27:47,970
But who's gonna believe me?
657
00:27:48,014 --> 00:27:48,971
[chuckles]
658
00:27:49,015 --> 00:27:50,538
You let us worry about that.
659
00:27:50,581 --> 00:27:51,887
[gavel bangs]
660
00:27:53,019 --> 00:27:55,195
Your brother said to say hello.Rick?
661
00:27:55,238 --> 00:27:58,241
H-How is he? Is he okay?
662
00:27:58,285 --> 00:28:00,809
As okay as you can be in prison.
663
00:28:00,853 --> 00:28:02,158
He feels terrible
664
00:28:02,202 --> 00:28:04,073
about everything
that's happening to you.
665
00:28:04,117 --> 00:28:05,684
He wants to help.
666
00:28:07,642 --> 00:28:09,078
So...
667
00:28:09,122 --> 00:28:11,254
the court officer
just informed me
668
00:28:11,298 --> 00:28:13,866
that the judge wants to have
a meeting in his chambers.
669
00:28:13,909 --> 00:28:14,867
[sighs]
670
00:28:14,910 --> 00:28:16,303
PELUSO:
Yes,
671
00:28:16,346 --> 00:28:18,348
I am asking
to call a surprise witness.
672
00:28:18,392 --> 00:28:20,481
But it's as much a surprise to
me as it is to you, Your Honor.
673
00:28:20,524 --> 00:28:22,701
We just put this piece of
the puzzle together yesterday.
674
00:28:22,744 --> 00:28:25,007
BENNY: Your Honor, what
may or may not have happened
675
00:28:25,051 --> 00:28:28,010
three years after the crime
that my client is on trial for
676
00:28:28,054 --> 00:28:29,577
is completely irrelevant.
677
00:28:29,620 --> 00:28:31,971
I disagree. It is the
very definition of relevance.
678
00:28:32,014 --> 00:28:33,494
It's a subsequent bad act.
679
00:28:33,537 --> 00:28:36,192
Your client used his stolen
identity to commit larceny
680
00:28:36,236 --> 00:28:38,020
in the state of
New Hampshire.
681
00:28:38,064 --> 00:28:40,980
He bought $10,000 worth of
electronics at a Best Buy
682
00:28:41,023 --> 00:28:42,546
with a fraudulently
acquired credit card
683
00:28:42,590 --> 00:28:43,722
and never paid it off.
684
00:28:43,765 --> 00:28:45,985
Well, maybe he did,
maybe he didn't.
685
00:28:46,028 --> 00:28:48,204
Let's not forget none of this
has been proven. But,
686
00:28:48,248 --> 00:28:50,859
as Mr. Colón pointed out,
how would credit card theft
687
00:28:50,903 --> 00:28:53,035
illuminate for the jury
whether or not Mr. Brown
688
00:28:53,079 --> 00:28:54,384
was party to a murder?
689
00:28:54,428 --> 00:28:56,735
Well, for one,
it might very well suggest
690
00:28:56,778 --> 00:28:59,955
a pattern of lawlessness that
the jury could find compelling
691
00:28:59,999 --> 00:29:01,957
as they try to wrestle
with the key question here,
692
00:29:02,001 --> 00:29:05,091
which is, how much did
Mr. Brown actually know
693
00:29:05,134 --> 00:29:06,614
about what he was doing
that night?
694
00:29:06,657 --> 00:29:09,095
Really, Your Honor?
The possibility that my client
695
00:29:09,138 --> 00:29:12,011
may have bought a TV and
DVD player and never paid for it
696
00:29:12,054 --> 00:29:15,144
somehow makes him
a more plausible coconspirator
697
00:29:15,188 --> 00:29:16,102
to murder?
698
00:29:16,145 --> 00:29:17,668
Are you lecturing me, sir?
699
00:29:17,712 --> 00:29:19,409
[sarcastically]:
Of course not, Your Honor.
700
00:29:21,455 --> 00:29:23,065
I'm going to allow the witness.
701
00:29:23,109 --> 00:29:25,111
But I'm calling
702
00:29:25,154 --> 00:29:27,200
a recess for today
to allow both sides
703
00:29:27,243 --> 00:29:30,116
to prepare.PELUSO: Thank you for
allowing the witness.
704
00:29:30,159 --> 00:29:31,900
And thank you
for the time to prepare.BENNY: Yes.
705
00:29:31,944 --> 00:29:34,685
Thank you
for the time to prepare.
706
00:29:34,729 --> 00:29:36,905
You're all very welcome.
707
00:29:43,694 --> 00:29:45,696
[sighs] Even if we do put
his brother on the stand,
708
00:29:45,740 --> 00:29:48,395
he's right.
Who's gonna believe him?
709
00:29:48,438 --> 00:29:50,179
BENNY: It's a tough
story to buy into.
710
00:29:50,223 --> 00:29:51,790
"My friend
and I planned
711
00:29:51,833 --> 00:29:52,834
"this robbery together.
712
00:29:52,878 --> 00:29:54,140
"He just happened to die.
And, oh,
713
00:29:54,183 --> 00:29:56,751
"uh, by the way,
my brother had no idea
714
00:29:56,795 --> 00:29:59,058
what we were up to"?Not to pour salt
in the wound,
715
00:29:59,101 --> 00:30:01,974
but the two green jurors that
we still have, they're soft.
716
00:30:02,017 --> 00:30:04,628
Based on my
focus group work,
717
00:30:04,672 --> 00:30:06,630
it's not gonna take
much to turn them red.
718
00:30:06,674 --> 00:30:07,718
[knocking]
719
00:30:07,762 --> 00:30:08,850
I don't want to hear it!
720
00:30:08,894 --> 00:30:11,026
I've had enough bad news
for one day.
721
00:30:11,070 --> 00:30:13,855
Too damn bad. I'm coming in.
722
00:30:13,899 --> 00:30:16,249
Wow, look
at all the happy faces.
723
00:30:16,292 --> 00:30:18,077
[Bull sighs]
724
00:30:18,120 --> 00:30:19,992
You come up with something
to refute the charges
725
00:30:20,035 --> 00:30:21,689
that George
committed credit card fraud?
726
00:30:21,732 --> 00:30:23,082
Although, for the life of me,
727
00:30:23,125 --> 00:30:25,301
I still don't see
what that has to do with this.
728
00:30:25,345 --> 00:30:26,912
Cable's working on it.
729
00:30:26,955 --> 00:30:28,783
I've been watching the
closed circuit security tapes
730
00:30:28,827 --> 00:30:31,351
of the robbery that came
over with the prosecution's
731
00:30:31,394 --> 00:30:33,701
latest batch
of discovery materials.
732
00:30:33,744 --> 00:30:35,703
Can I show you guys something?
733
00:30:35,746 --> 00:30:37,270
There's no sound.
734
00:30:37,313 --> 00:30:41,100
Just picture.
So you got to watch carefully.
735
00:30:41,143 --> 00:30:44,277
Okay, see what George's brother
does after everything is done?
736
00:30:44,320 --> 00:30:45,887
He's got the money.
737
00:30:45,931 --> 00:30:47,933
Now, based on the time stamp,
we know that,
738
00:30:47,976 --> 00:30:49,499
by this time,
the alarm is going off.
739
00:30:49,543 --> 00:30:51,458
So he's got to be concerned
that the cops are on their way.
740
00:30:51,501 --> 00:30:52,894
Watch him.
741
00:30:52,938 --> 00:30:56,419
He starts to head out,
and then he comes back.
742
00:30:56,463 --> 00:30:58,857
BENNY: Looks like
he's saying something.
743
00:30:58,900 --> 00:31:00,815
He's realizing
something's wrong.
744
00:31:01,860 --> 00:31:03,818
DANNY:
See?
745
00:31:03,862 --> 00:31:05,211
BULL:
He's realizing
746
00:31:05,254 --> 00:31:06,908
his friend is dead.
747
00:31:06,952 --> 00:31:09,128
DANNY: When's the last time
you heard about a robber
748
00:31:09,171 --> 00:31:11,652
stopping mid-getaway
to check his victim's pulse?
749
00:31:11,695 --> 00:31:13,915
BENNY: So you think
if we show this to a jury
750
00:31:13,959 --> 00:31:15,830
after we put Rick on the stand,
they'll believe
751
00:31:15,874 --> 00:31:17,963
that Kirk's death
was accidental?
752
00:31:18,006 --> 00:31:19,268
CABLE:
Yes!
753
00:31:20,313 --> 00:31:22,837
I think George has an alibi.
754
00:31:22,881 --> 00:31:24,447
Well, what do you mean?
755
00:31:24,491 --> 00:31:26,101
Okay, on the day
of the purchase,
756
00:31:26,145 --> 00:31:27,711
he was nowhere near
New Hampshire.
757
00:31:27,755 --> 00:31:30,889
He was working as a dishwasher
in a restaurant he now owns.
758
00:31:30,932 --> 00:31:32,891
I just finished reaching out
to his old boss, the man
759
00:31:32,934 --> 00:31:34,022
he bought the restaurant from.
760
00:31:34,066 --> 00:31:35,894
He has time cards
and eyewitnesses.
761
00:31:35,937 --> 00:31:37,852
There is no way
he could have done it.
762
00:31:37,896 --> 00:31:39,898
What do you think?
763
00:31:39,941 --> 00:31:41,377
It's good.
764
00:31:41,421 --> 00:31:44,380
I just wish it was
a little more.
765
00:31:44,424 --> 00:31:46,948
And I wish with all my heart
it proved he had no idea
766
00:31:46,992 --> 00:31:49,211
what his brother and best friend
were up to that night.
767
00:31:49,255 --> 00:31:52,388
Well, actually,
there is a little bit more.
768
00:31:52,432 --> 00:31:53,955
I tracked down
the Best Buy receipts
769
00:31:53,999 --> 00:31:55,957
and located all the serial
numbers and identifiers
770
00:31:56,001 --> 00:31:57,654
associated
with the purchased items,
771
00:31:57,698 --> 00:31:59,482
which were actually laptops,
by the way.
772
00:31:59,526 --> 00:32:01,658
Then I did a search
for those.
773
00:32:01,702 --> 00:32:03,138
And after all this time,
I actually found one
774
00:32:03,182 --> 00:32:04,226
on an archived
775
00:32:04,270 --> 00:32:05,967
online auction site.
776
00:32:06,011 --> 00:32:07,534
I did a little hacking
777
00:32:07,577 --> 00:32:10,537
and tracked down
the seller's IP address.
778
00:32:10,580 --> 00:32:11,581
And it turns out
779
00:32:11,625 --> 00:32:14,933
it belongs to an Emory Cochburn,
780
00:32:14,976 --> 00:32:18,719
who, by the way, is in prison
for insurance fraud.
781
00:32:18,762 --> 00:32:20,982
Which means...?DANNY: Which means
782
00:32:21,026 --> 00:32:23,942
whoever sold the stolen
Social Security number to George
783
00:32:23,985 --> 00:32:26,422
sold it at least
one more time.
784
00:32:26,466 --> 00:32:27,858
Looks that way.
785
00:32:27,902 --> 00:32:28,990
Nice work, Cable.
786
00:32:29,034 --> 00:32:30,861
I just wish
787
00:32:30,905 --> 00:32:31,950
it cleared George
of the crime
788
00:32:31,993 --> 00:32:34,300
we were hired
to defend him from.
789
00:32:34,343 --> 00:32:36,041
George Brown stole
the Social Security number
790
00:32:36,084 --> 00:32:37,564
of the deceased, Jim Grayson,
791
00:32:37,607 --> 00:32:39,348
to establish
a new identity.
792
00:32:39,392 --> 00:32:40,959
He then opened
a credit card
793
00:32:41,002 --> 00:32:43,091
at a Best Buy
in Manchester, New Hampshire,
794
00:32:43,135 --> 00:32:46,442
and used that card to purchase
$10,000 worth of electronics
795
00:32:46,486 --> 00:32:48,183
that he had no intention
of ever paying for.
796
00:32:48,227 --> 00:32:51,230
PELUSO:
Thank you, Officer Lyden.
797
00:32:56,365 --> 00:32:58,411
Officer Lyden, thank you.
798
00:32:58,454 --> 00:33:00,152
Thank you for taking the time
and coming
799
00:33:00,195 --> 00:33:02,067
to talk to us today.My pleasure.
800
00:33:02,110 --> 00:33:03,590
Let me ask you
something.
801
00:33:03,633 --> 00:33:06,462
Do you have any actual proof
802
00:33:06,506 --> 00:33:12,120
that the man sitting before you
here today is the same man
803
00:33:12,164 --> 00:33:13,992
who fraudulently applied
for a credit card
804
00:33:14,035 --> 00:33:15,950
and bought these electronics?
805
00:33:15,994 --> 00:33:20,041
Of course. It's the same name,
same Social Security number.
806
00:33:20,085 --> 00:33:22,000
What else do you need?
807
00:33:22,043 --> 00:33:24,002
And what if I told you
that this Jim Grayson,
808
00:33:24,045 --> 00:33:27,701
also known as George Brown,
was in Glen Rock, New Jersey,
809
00:33:27,744 --> 00:33:29,877
hundreds of miles away
at the time of the purchase,
810
00:33:29,920 --> 00:33:31,531
and that someone else had bought
811
00:33:31,574 --> 00:33:34,055
the same stolen
Social Security number
812
00:33:34,099 --> 00:33:36,971
and committed the theft that you
are attributing to my client?
813
00:33:37,015 --> 00:33:39,582
Well, I would say that sounds
like a pretty convenient story.
814
00:33:42,803 --> 00:33:45,980
Your Honor,
we'd like to offer proof
815
00:33:46,024 --> 00:33:48,330
of my client's alibi
816
00:33:48,374 --> 00:33:51,377
in the form of time cards
817
00:33:51,420 --> 00:33:53,814
and eyewitness accounts
818
00:33:53,857 --> 00:33:56,034
from Mr. Brown's place
of employment
819
00:33:56,077 --> 00:33:57,600
at the date in question.
820
00:33:57,644 --> 00:34:00,908
MARISSA: It may not be the
slam dunk we need-- not yet--
821
00:34:00,951 --> 00:34:02,605
but these jurors
are starting to warm up.
822
00:34:02,649 --> 00:34:04,085
I can feel it.
823
00:34:04,129 --> 00:34:05,739
The jury hasn't heard enough
to acquit,
824
00:34:05,782 --> 00:34:07,088
or even force a mistrial,
825
00:34:07,132 --> 00:34:08,698
but they're listening
to us again.
826
00:34:08,742 --> 00:34:10,265
They think
we have something to say,
827
00:34:10,309 --> 00:34:12,006
and I'll take that any time.
828
00:34:12,050 --> 00:34:16,054
Tell Cable thanks
for all the hard work.
829
00:34:22,147 --> 00:34:23,496
I just kept thinking
about what you told us
830
00:34:23,539 --> 00:34:24,888
the older brother said.
831
00:34:24,932 --> 00:34:26,325
That this whole thing
was really an inside job.
832
00:34:26,368 --> 00:34:28,153
That no one was supposed
to lose their lives.
833
00:34:28,196 --> 00:34:29,850
That these guys knew each other.
834
00:34:29,893 --> 00:34:33,506
And then I kept thinking
about what yousaid.
835
00:34:33,549 --> 00:34:36,596
That Rick can testify to it,
but who's gonna believe him?
836
00:34:36,639 --> 00:34:37,771
How do you prove it?
837
00:34:37,814 --> 00:34:39,294
Yeah? So?
838
00:34:39,338 --> 00:34:41,992
So I woke up and
watched the tape again.
839
00:34:42,036 --> 00:34:44,430
I mean, the idea of it
actually woke me up.
840
00:34:44,473 --> 00:34:49,130
Only this time, I watched
it with that in mind.
841
00:34:49,174 --> 00:34:51,828
And I think I
found something.
842
00:34:53,700 --> 00:34:55,658
See that?
843
00:34:55,702 --> 00:34:58,270
See what?
844
00:34:58,313 --> 00:35:01,186
Kirk, the friend,
he puts his hands up
845
00:35:01,229 --> 00:35:03,536
before Rick pulls out his gun.
846
00:35:05,842 --> 00:35:09,107
You want proof it was an
inside job, there it is.
847
00:35:09,150 --> 00:35:11,631
You want to prove that
they knew each other,
848
00:35:11,674 --> 00:35:13,459
there it is.
849
00:35:13,502 --> 00:35:16,157
You want to prove that no one
was supposed to die that night?
850
00:35:16,201 --> 00:35:18,116
Picture's worth
a thousand words.
851
00:35:18,159 --> 00:35:20,596
If we can prove it's an inside
job with the cooperation
852
00:35:20,640 --> 00:35:22,163
of an employee of the store,
853
00:35:22,207 --> 00:35:23,599
technically,
there's no armed robbery,
854
00:35:23,643 --> 00:35:26,689
which negates the felony murder
charge, which means...
855
00:35:26,733 --> 00:35:29,170
George is actually
innocent.
856
00:35:29,214 --> 00:35:31,346
[sighs]
857
00:35:35,263 --> 00:35:37,047
Well, what'd you get?
858
00:35:37,091 --> 00:35:38,527
The mother lode, pretty much.
859
00:35:38,571 --> 00:35:40,050
Although I think
I did promise
860
00:35:40,094 --> 00:35:42,401
to marry the guy
who got them for me.Excellent.
861
00:35:42,444 --> 00:35:44,011
Who doesn't love
a good wedding?
862
00:35:44,054 --> 00:35:45,404
So you're looking
at call logs
863
00:35:45,447 --> 00:35:46,753
between Kirk's pager
and Rick's phone,
864
00:35:46,796 --> 00:35:48,755
Rick's pager
and Kirk's phone,
865
00:35:48,798 --> 00:35:51,323
and calls between both men's
phones starting in late 1999.
866
00:35:51,366 --> 00:35:54,500
Then it jumps
to ten exchanges per day
867
00:35:54,543 --> 00:35:57,807
during the week
of the robbery.
868
00:35:57,851 --> 00:35:59,548
Ah. Great.
869
00:35:59,592 --> 00:36:01,681
Um, go home,
get some sleep.
870
00:36:03,596 --> 00:36:05,380
What is your relationship
to the defendant?
871
00:36:05,424 --> 00:36:09,602
He's my younger brother.
872
00:36:09,645 --> 00:36:10,994
And what was
your relationship
873
00:36:11,038 --> 00:36:12,866
to the clerk who died
in the robbery--
874
00:36:12,909 --> 00:36:14,389
Kirk Getty?
875
00:36:14,433 --> 00:36:18,915
[sighs] I worked in the mall
as a custodian.
876
00:36:18,959 --> 00:36:20,743
Kirk sold sunglasses.
877
00:36:20,787 --> 00:36:22,441
We met one night.
878
00:36:22,484 --> 00:36:25,008
We hit it off.
879
00:36:25,052 --> 00:36:27,272
We realized, uh,
we had a lot in common.
880
00:36:27,315 --> 00:36:28,708
So,
881
00:36:28,751 --> 00:36:31,450
I mean, at what point
did the two of you decide
882
00:36:31,493 --> 00:36:32,451
to stage a robbery together?
883
00:36:32,494 --> 00:36:34,366
Objection. Leading.
884
00:36:34,409 --> 00:36:35,628
[gallery murmuring]
885
00:36:35,671 --> 00:36:37,238
My apologies,
Your Honor.
886
00:36:37,282 --> 00:36:39,197
Let me word it a different way.
887
00:36:39,240 --> 00:36:42,678
Uh... uh, whose idea was it
888
00:36:42,722 --> 00:36:45,246
to rob a check
cashing place?
889
00:36:45,290 --> 00:36:49,250
Well, it actually started out
with Kirk. He...
890
00:36:49,294 --> 00:36:51,557
You know, he wanted
to buy this motorcycle.
891
00:36:51,600 --> 00:36:55,343
Uh, but truthfully,
within 90 seconds,
892
00:36:55,387 --> 00:36:56,823
we were planning it together.
893
00:36:56,866 --> 00:36:59,652
Because he worked there,
he knew all the important stuff,
894
00:36:59,695 --> 00:37:02,307
like combination
to the safe
895
00:37:02,350 --> 00:37:04,744
and what day and time
to show up
896
00:37:04,787 --> 00:37:08,138
when there would be
the most cash there.
897
00:37:08,182 --> 00:37:11,446
It really seemed like
it was gonna be easy.
898
00:37:11,490 --> 00:37:12,839
And-and what about
your brother, George Brown?
899
00:37:12,882 --> 00:37:14,232
Was he in on the planning?
900
00:37:14,275 --> 00:37:17,583
No. George would never do
something like that.
901
00:37:17,626 --> 00:37:20,412
All he was doing that night
was picking me up from work.
902
00:37:20,455 --> 00:37:23,415
He didn't know why I wanted
903
00:37:23,458 --> 00:37:25,286
to stop by
the check cashing place.
904
00:37:25,330 --> 00:37:27,593
All he wanted was to get home.
905
00:37:27,636 --> 00:37:29,508
So you never planned
on killing anyone?
906
00:37:29,551 --> 00:37:32,075
Of course not. There were
no bullets in the gun.
907
00:37:32,119 --> 00:37:33,512
It was all
908
00:37:33,555 --> 00:37:35,340
for the security camera.
909
00:37:35,383 --> 00:37:38,647
With that in mind,
we'd like to enter into evidence
910
00:37:38,691 --> 00:37:41,346
the security camera
footage from that night,
911
00:37:41,389 --> 00:37:44,349
with a particular emphasis
on the time code numbers
912
00:37:44,392 --> 00:37:47,613
indicated on the paperwork.
913
00:37:47,656 --> 00:37:51,660
You can clearly see the victim
with his hands up,
914
00:37:51,704 --> 00:37:55,316
even before the witness
exposes his weapon.
915
00:37:55,360 --> 00:37:57,013
A clear indication
that he knew exactly
916
00:37:57,057 --> 00:37:58,754
what was going
to happen that night.
917
00:38:00,147 --> 00:38:02,105
As well as another time code,
918
00:38:02,149 --> 00:38:04,325
which clearly shows
the witness delaying his exit
919
00:38:04,369 --> 00:38:06,109
out of the store,
920
00:38:06,153 --> 00:38:08,503
so he could check
on the condition of his friend
921
00:38:08,547 --> 00:38:12,464
once he realized that he was
in some form of distress.
922
00:38:12,507 --> 00:38:16,642
Additionally, we'd like to enter
into evidence phone records
923
00:38:16,685 --> 00:38:20,776
that clearly indicate
the prior relationship
924
00:38:20,820 --> 00:38:22,778
between the witness
and the victim.
925
00:38:22,822 --> 00:38:23,866
[gallery murmuring]
926
00:38:23,910 --> 00:38:25,303
[gavel bangs]
927
00:38:25,346 --> 00:38:26,782
JUDGE:
Order in the court, please.
928
00:38:26,826 --> 00:38:31,004
Let's quiet down.
Let's quiet down.
929
00:38:31,047 --> 00:38:33,311
No further questions
for this witness, Your Honor.
930
00:38:34,964 --> 00:38:38,098
Marissa, we just hit them with
all the firepower we've got.
931
00:38:38,141 --> 00:38:39,534
Tell me it made a difference.
932
00:38:39,578 --> 00:38:41,928
You want the good news
or the bad news?
933
00:38:41,971 --> 00:38:43,538
All your generative jurors
finally woke up
934
00:38:43,582 --> 00:38:45,235
and have gone green.
935
00:38:45,279 --> 00:38:47,368
Bad news is,
there's only six of them.
936
00:38:47,412 --> 00:38:50,153
The other six
aren't quite there yet.
937
00:38:50,197 --> 00:38:52,373
Mr. Peluso, your witness.
938
00:38:52,417 --> 00:38:56,377
Uh, in light of all
this new information,
939
00:38:56,421 --> 00:38:58,379
if it pleases the Court,
I was hoping
940
00:38:58,423 --> 00:39:00,555
I could request a brief recess?
941
00:39:00,599 --> 00:39:03,689
This court will take
a 20-minute recess.
942
00:39:04,733 --> 00:39:06,735
What do you think
that means?
943
00:39:06,779 --> 00:39:09,042
I don't know.
Maybe he's a smoker.
944
00:39:09,085 --> 00:39:10,435
Maybe he's got
a small bladder.
945
00:39:13,438 --> 00:39:15,353
Maybe he wants to
borrow some money.
946
00:39:15,396 --> 00:39:17,267
I'll be right back.
947
00:39:21,141 --> 00:39:23,361
It's a great system,
isn't it?
948
00:39:23,404 --> 00:39:27,190
You go into it thinking,
"I know what's going on here.
949
00:39:27,234 --> 00:39:28,583
"I know what's right.
950
00:39:28,627 --> 00:39:30,759
I know where this
is gonna end up."
951
00:39:30,803 --> 00:39:32,544
And then...
952
00:39:32,587 --> 00:39:34,459
It's just a
great system.
953
00:39:34,502 --> 00:39:38,071
I think it's, like,
seven-five, or five-seven.
954
00:39:38,114 --> 00:39:39,638
Or maybe it's split
down the middle.
955
00:39:39,681 --> 00:39:42,467
What do you think?I think he's an innocent man.
956
00:39:42,510 --> 00:39:45,948
I think you know it.
I think they feel it.
957
00:39:45,992 --> 00:39:48,516
Thing is, you're not gonna get
'em all, and neither am I,
958
00:39:48,560 --> 00:39:50,344
which means you're
staring at a mistrial,
959
00:39:50,388 --> 00:39:52,651
which means you
steal another year
960
00:39:52,694 --> 00:39:55,305
of this guy's life
while he sits in jail
961
00:39:55,349 --> 00:39:56,916
waiting for his
second day in court.
962
00:39:56,959 --> 00:39:59,484
And his kids keep growing,
and his wife keeps wondering
963
00:39:59,527 --> 00:40:01,442
why she suddenly
became a single parent.
964
00:40:01,486 --> 00:40:03,705
And he's forced to
close his business
965
00:40:03,749 --> 00:40:05,315
and let his
employees go.
966
00:40:05,359 --> 00:40:09,711
And like I said when we
first met, what's the point?
967
00:40:09,755 --> 00:40:11,409
He's not a criminal.
968
00:40:11,452 --> 00:40:12,932
He never was.
969
00:40:12,975 --> 00:40:16,283
You really want me to go in
there and ask for a dismissal?
970
00:40:16,326 --> 00:40:18,372
I have people
I have to answer to.
971
00:40:18,416 --> 00:40:20,548
This is not
an easy conversation to have.
972
00:40:20,592 --> 00:40:22,594
Yeah, but the conversation
you want to have
973
00:40:22,637 --> 00:40:26,380
isn't happening today, so why
not get this one over with?
974
00:40:26,424 --> 00:40:29,078
In fact, why don't you
call 'em right now?
975
00:40:29,122 --> 00:40:32,299
Mr. Assistant District Attorney,
you're not a stupid man.
976
00:40:32,342 --> 00:40:34,693
You know you're not getting a
conviction against George Brown.
977
00:40:34,736 --> 00:40:36,521
Not today, not ever.
978
00:40:36,564 --> 00:40:39,567
And that's with me and my team
having about a week to prepare.
979
00:40:39,611 --> 00:40:43,615
You put my client through
another year of this hell,
980
00:40:43,658 --> 00:40:47,183
and I promise you I will
spend every day of that year
981
00:40:47,227 --> 00:40:49,490
getting ready for
the new trial.
982
00:40:49,534 --> 00:40:53,015
And when we meet again,
you won't know what hit you.
983
00:40:53,059 --> 00:40:57,498
Now I'm gonna go back inside
while you make up your mind.
984
00:40:57,542 --> 00:40:59,631
Surprise me.
985
00:41:08,161 --> 00:41:10,032
Your Honor?
986
00:41:12,034 --> 00:41:13,906
It's a great system, isn't it?
987
00:41:15,560 --> 00:41:18,606
You go into a trial thinking,
"I know what's going on here.
988
00:41:18,650 --> 00:41:19,738
"I know what's right.
989
00:41:19,781 --> 00:41:21,696
I know where
this is gonna end up."
990
00:41:21,740 --> 00:41:23,568
And then the system humbles you.
991
00:41:23,611 --> 00:41:26,527
You realize you hadn't
considered all the facts,
992
00:41:26,571 --> 00:41:28,660
that your thinking
may have been flawed.
993
00:41:28,703 --> 00:41:32,620
And that incarcerating someone
who almost certainly had no idea
994
00:41:32,664 --> 00:41:35,057
what was going on
in a building 35 feet away
995
00:41:35,101 --> 00:41:37,233
while he sat in a car
makes no sense.
996
00:41:37,277 --> 00:41:39,540
I believe that's the case here.
997
00:41:39,584 --> 00:41:41,673
And with that in mind,
the district attorney's office
998
00:41:41,716 --> 00:41:43,544
would like to
enter a motion
999
00:41:43,588 --> 00:41:45,938
to dismiss all charges
against George Brown.
1000
00:41:45,981 --> 00:41:47,461
[gavel bangs twice]
1001
00:41:47,505 --> 00:41:49,594
JUDGE: This court will accept
the prosecution's motion.
1002
00:41:49,637 --> 00:41:51,160
The defendant is free to go.
1003
00:41:51,204 --> 00:41:53,511
And we thank the jury
for its service.
1004
00:41:59,168 --> 00:42:01,170
Thank you.
1005
00:42:09,483 --> 00:42:12,268
I know we've never met before.
1006
00:42:14,314 --> 00:42:17,273
But my name is George.
1007
00:42:17,317 --> 00:42:19,319
My last name is Brown.
1008
00:42:21,539 --> 00:42:23,976
And you'd make me
the happiest man in the world
1009
00:42:24,019 --> 00:42:27,588
if you'd marry me and make that
your last name, too.
1010
00:42:37,642 --> 00:42:39,818
You know, I think
those two have a future
1011
00:42:39,861 --> 00:42:41,820
together.
1012
00:42:41,863 --> 00:42:43,822
Wait a second.
1013
00:42:43,865 --> 00:42:47,129
Are those tears? You
crying, you big old softie?
1014
00:42:47,173 --> 00:42:49,218
Excuse me.
I believe you're mistaken.
1015
00:42:49,262 --> 00:42:51,525
These are not tears.
1016
00:42:51,569 --> 00:42:53,701
Wasn't it Tom Hanks
who famously said,
1017
00:42:53,745 --> 00:42:56,312
"There's no tears
in trial science"?
1018
00:42:56,356 --> 00:42:58,793
No. I believe he was talking
about chocolates.
1019
00:42:58,837 --> 00:43:01,448
No reference
to trial science.Whatever.
1020
00:43:11,110 --> 00:43:13,112
Captioning sponsored by
CBS
1021
00:43:15,114 --> 00:43:17,116
Captioned by
Media Access Group at WGBH
access.wgbh.org
74967
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