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DOLE:
Previously on The Practice...
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BERLUTI: You were smoking crack
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with an eight-month baby.
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Please just get me out!
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BERLUTI: If I get you out,
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you go into rehab immediately.
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I promise.
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DOCTOR: The placental lining
started to come loose
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from the uterine wall,
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and there was cocaine
in her body.
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The baby?
DOCTOR: Little girl,
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three and a half pounds.
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I'm sorry, Jimmy.
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Okay.
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DONNELL: This is unbelievable!
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Two lovers
and they're both dead?
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What, you think just
because you got away
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with it last time,
you can get away
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00:00:30,096 --> 00:00:31,932
with it whenever?
Yes.
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00:00:31,965 --> 00:00:34,701
DOCTOR: He has a narcissistic
personality disorder.
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He commits a crime
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where it's impossible
not to convict him,
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and the game is still
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getting away with it.
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Well, win or lose.
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Won't this be fun?
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Were you trying to wrestle
the knife away,
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or were you trying
to kill him?
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It went into him
during the struggle.
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It went in by accident?
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How many ways can I say it?
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MAN: We find the defendant,
Joseph Heric,
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not guilty.
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(music playing)
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(horns honking)
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God, she's really
getting a personality.
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DONNELL: All right,
I'm out of here.
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Who'd you kill?
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Good to see you, too, Ellenor.
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Have you put on weight?
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We're busy, Joey.
Who'd you kill?
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Very cute.
Well, can't anybody say,
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"Hey, good to see you?"
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(baby chuckles)
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Whose is that?
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Mine. What are you doing here?
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You have a baby?
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DONNELL:
Joey, why are you here?
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Why don't we start by asking
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where I've been
for the last three years?
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Law school.
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Ta-da!
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Passed the bar in February.
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We're now all learned brothers.
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You're a lawyer?
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And a good one, so far.
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YOUNG: Wait, wait, wait.
You went to law school,
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took the bar exam?
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HERIC:
It was my therapist's idea.
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He thought one way
of weaning myself off
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of killing people
was to help others
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who did get away with it.
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I've got a case now
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that's why I'm here.
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Case? What kind of case?
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Homicide.
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I don't slum.
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The problem I'm having is this,
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I think the kid might
actually be innocent.
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And as good as I am,
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my conscience says
I should bring someone else
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on board with experience.
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FRUTT: So, in addition
to getting a law degree,
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you also picked up
a conscience?
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Drives like new,
hardly any miles on it.
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But seriously, Bobby,
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I'd never admit this publicly,
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but I could really
use some help.
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It starts tomorrow.
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Tomorrow?
HERIC: Yeah.
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I'm ready.
I can do this.
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And I could do it alone.
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I'm prepared to if I have to,
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but to be honest,
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with an innocent kid's life
on the line,
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believe it or not,
I don't want to.
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Come on, what do you say?
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You, me, Ellie,
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it'll be fun.
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Just like old times.
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(music playing)
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WASHINGTON:
You're actually helping him?
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And you?
FRUTT: Come on.
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I can't resist.
But he's a murderer.
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We only know that
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because we represented him.
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DOLE: Even so, we also know
he's clinically sick.
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Look, the ship has sailed.
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I'd said I'd help.
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Jimmy, it's someone
from Brigham Hospital.
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Jimmy Berluti.
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WOMAN (over PA):
Dr. Myser to x-ray.
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Dr. Myser to x-ray.
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(music playing)
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Hi.
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I'm sorry, Jimmy.
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00:04:30,436 --> 00:04:31,872
Hey. Shh.
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This is Lucy Hatcher.
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She works with me.
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She also works
for Rape Crisis.
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I feel so stupid.
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What happened?
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You're gonna be mad, Jimmy.
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I'm still a...
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Prostitution?
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JENNIFER: It was a trick.
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He just went crazy.
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I don't--I'm so sorry.
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Where's your baby?
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She's with a friend.
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She's okay.
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So, what happened?
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One of your tricks
beat you up?
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He raped me.
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And then he beat me up.
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He raped you?
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The sex wasn't consensual?
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No.
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I mean, it probably
would have been.
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I mean,
we went to a room, too.
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But as soon as we got there,
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he just wigged out.
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It was like he had this thing
against hookers,
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like we were evil.
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I told him to get out,
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and he raped me.
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Do you think
you might recognize him
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if the police showed
you some photographs?
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He gave me his name.
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I told it to the police.
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ROLAND: The body
of Jean Homestead was found
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in an alley off
of Tremont Street,
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a deep gash in the back
of her head,
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the apparent victim
of a mugging.
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That's the way it looked
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because that's the way
that Daniel Carrington
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wanted it to look.
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But that is not the way
she died,
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ladies and gentlemen.
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The evidence
will show overwhelmingly,
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the defendant drove
to the victim's house,
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murdered Mrs. Homestead
in her bedroom,
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then drove her body back
into Boston
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and dumped her
into that alley.
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The evidence will establish
the defendant
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and the victim were
having an affair.
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And when the victim tried
to end the relationship,
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the defendant murdered her.
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The homicide rate
in this country,
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this city,
our city,
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the proud City of Boston,
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is starting to climb.
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And people,
people like me,
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you, are getting damn
sick of it.
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For one, I'm fed up
with exalting civil rights
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to the point
where the criminal
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enjoys more constitutional
privileges than we do.
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00:07:21,542 --> 00:07:23,977
Enough already!
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If a person kills
another human being,
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I don't give a rat's ass
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whether he suffers
from schizophrenia,
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substance abuse,
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or an overbearing mother.
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I say put the son
of a bitch in jail.
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That's how I feel.
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It may be how some
of you feel, too.
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It's certainly how
the government feels,
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and I salute them for it.
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But,
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every once in a while,
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in their zeal,
their haste
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to make sure a murder
is avenged,
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they get it wrong,
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and they arrest
the wrong person.
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My heart goes out
to Jean Homestead's husband
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sitting there,
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and her son.
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We all wanna catch the person
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who killed Jean Homestead.
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But Daniel Carrington
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is not that person.
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They've arrested
the wrong man.
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00:08:34,080 --> 00:08:36,049
Jimmy, the police
questioned the guy.
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00:08:36,082 --> 00:08:37,317
What's his story?
Yeah.
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They went back
to her place,
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he didn't know
she was a hooker.
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After they had sex,
she announced she was,
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tried to extort him
for $10,000,
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he refused and left.
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00:08:46,893 --> 00:08:49,663
And you believe that?
Jimmy, the examination
201
00:08:49,696 --> 00:08:51,832
didn't reveal
any vaginal bruising
202
00:08:51,865 --> 00:08:54,835
or tearing.
You see her face?
203
00:08:54,868 --> 00:08:56,402
You think she did
that to herself?
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00:08:56,436 --> 00:08:59,239
I can't rule out
the possibility that she did.
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00:08:59,272 --> 00:09:00,974
Why?
This is a hooker
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00:09:01,007 --> 00:09:02,709
with a drug problem.
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00:09:02,743 --> 00:09:06,046
Listen, even if
she's telling you the truth,
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00:09:06,079 --> 00:09:08,782
a prostitute takes a man
to a room to have sex,
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00:09:08,815 --> 00:09:11,885
then claims the sex
wasn't consensual.
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00:09:13,319 --> 00:09:14,988
I'm not that good a DA.
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00:09:17,791 --> 00:09:20,661
Both blows came to the back
of the skull.
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00:09:20,694 --> 00:09:22,228
The second one,
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00:09:22,262 --> 00:09:24,430
this one,
was fatal.
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00:09:24,464 --> 00:09:26,032
It crushed both the skull
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00:09:26,066 --> 00:09:27,834
and the brainstem.
216
00:09:27,868 --> 00:09:30,070
Death likely came instantly.
217
00:09:30,103 --> 00:09:31,672
ROLAND: And did you make
any other findings
218
00:09:31,705 --> 00:09:33,073
that you find significant?
219
00:09:33,106 --> 00:09:34,140
JOSH: Several.
220
00:09:34,174 --> 00:09:35,909
There were no other bruises,
221
00:09:35,942 --> 00:09:38,311
scratches,
no skin scrapings
222
00:09:38,344 --> 00:09:39,245
under her nails,
223
00:09:39,279 --> 00:09:40,914
no indication of a struggle.
224
00:09:40,947 --> 00:09:42,949
And what did that tell you?
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00:09:42,983 --> 00:09:44,184
JOSH: Well, that
it's highly unlikely
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00:09:44,217 --> 00:09:46,720
she was mugged,
or overpowered.
227
00:09:46,753 --> 00:09:49,422
Much more likely,
she was simply struck
228
00:09:49,455 --> 00:09:50,156
on the back of the head.
229
00:09:50,190 --> 00:09:51,925
ROLAND: Anything else?
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00:09:51,958 --> 00:09:53,393
JOSH: We found small traces
231
00:09:53,426 --> 00:09:55,829
of semen in the vaginal area.
232
00:09:55,862 --> 00:09:58,965
We submitted samples
for DNA analysis.
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00:09:58,999 --> 00:10:01,134
They were an exact
genetic match
234
00:10:01,167 --> 00:10:02,068
with the defendant.
235
00:10:02,102 --> 00:10:03,737
ROLAND: Thank you, Doctor.
236
00:10:08,775 --> 00:10:11,177
First of all, Doctor,
237
00:10:11,211 --> 00:10:13,179
let me applaud you
on your ability
238
00:10:13,213 --> 00:10:15,549
to crunch your testimony.
239
00:10:15,582 --> 00:10:17,217
So many experts,
240
00:10:17,250 --> 00:10:18,952
especially doctors,
241
00:10:18,985 --> 00:10:20,921
just rattle on
in such technical talk,
242
00:10:20,954 --> 00:10:23,924
it's either boring
or incomprehensible.
243
00:10:23,957 --> 00:10:25,559
I salute you, sir.
244
00:10:25,592 --> 00:10:26,760
Thank you.
245
00:10:26,793 --> 00:10:28,629
I probably shouldn't
be admitting this,
246
00:10:28,662 --> 00:10:30,764
but I can't take issue
247
00:10:30,797 --> 00:10:33,066
with a single thing you said.
248
00:10:33,099 --> 00:10:35,068
I agree with all of it.
249
00:10:35,101 --> 00:10:37,437
So, I'm going to sit down
250
00:10:37,470 --> 00:10:38,438
so we can move on.
251
00:10:42,175 --> 00:10:44,210
Oh, I'm sorry.
252
00:10:44,244 --> 00:10:45,078
There is one thing.
253
00:10:45,111 --> 00:10:48,181
It is possible for her
to be mugged
254
00:10:48,214 --> 00:10:50,116
and dragged
into the alleyway
255
00:10:50,150 --> 00:10:52,385
without showing
any physical signs,
256
00:10:52,418 --> 00:10:54,521
such as bruising
or fingernail scrapings?
257
00:10:54,555 --> 00:10:56,990
Yes, it's possible.
258
00:10:57,023 --> 00:10:58,158
Excellent. Thanks.
259
00:10:58,191 --> 00:11:01,427
Oh, oh, one other thing.
260
00:11:01,461 --> 00:11:04,765
If my client had had intercourse
261
00:11:04,798 --> 00:11:06,767
with the victim several hours
262
00:11:06,800 --> 00:11:09,235
before her death,
263
00:11:09,269 --> 00:11:11,471
semen evidence
could still be found,
264
00:11:11,505 --> 00:11:12,138
couldn't it?
265
00:11:12,172 --> 00:11:13,674
Yes.
266
00:11:13,707 --> 00:11:17,310
HERIC: So it's possible
my client
267
00:11:17,343 --> 00:11:20,113
and the victim had sex,
268
00:11:20,146 --> 00:11:22,749
she was later hit on the head
269
00:11:22,783 --> 00:11:25,318
and killed by somebody else?
270
00:11:25,351 --> 00:11:27,153
Your findings don't exclude
that possibility,
271
00:11:27,187 --> 00:11:28,655
do they, Doctor?
272
00:11:28,689 --> 00:11:29,322
No.
273
00:11:29,355 --> 00:11:31,091
Thank you.
274
00:11:39,733 --> 00:11:40,534
How'd I do?
275
00:11:44,771 --> 00:11:46,006
He raped me.
276
00:11:46,039 --> 00:11:47,974
And it would be your word
against his.
277
00:11:49,042 --> 00:11:50,844
Do you know who he is?
278
00:11:50,877 --> 00:11:51,712
Russell Mathis.
279
00:11:51,745 --> 00:11:55,248
He's a very prominent Lawyer.
280
00:11:55,281 --> 00:11:58,451
He would be perceived
to be more credible
281
00:11:58,484 --> 00:12:01,555
than a hooker
with a drug history.
282
00:12:01,588 --> 00:12:04,891
Look, I'm your friend.
283
00:12:04,925 --> 00:12:07,427
There's nothing
to be done here.
284
00:12:07,460 --> 00:12:09,763
YOUNG: Maybe not criminally.
285
00:12:09,796 --> 00:12:12,599
I would think
Mr. Mathis would like us
286
00:12:12,633 --> 00:12:14,367
to go away without any noise.
287
00:12:14,400 --> 00:12:17,971
(music playing)
288
00:12:18,004 --> 00:12:20,607
I'll go pay him a visit, Jimmy.
289
00:12:25,979 --> 00:12:28,615
JEAN (over recording):
I'm ending it now, Danny.
290
00:12:28,649 --> 00:12:30,083
I can't see you anymore.
291
00:12:30,116 --> 00:12:32,118
I'm married,
and the truth is,
292
00:12:32,152 --> 00:12:34,220
you're beginning
to frighten me a little.
293
00:12:34,254 --> 00:12:37,558
I just need you to stay away.
294
00:12:38,592 --> 00:12:41,094
That was identified
as the voice of the victim?
295
00:12:41,127 --> 00:12:43,196
Identified
by her husband, yes.
296
00:12:43,229 --> 00:12:45,265
ROLAND: Where was this message
found, Detective?
297
00:12:45,298 --> 00:12:47,367
On the defendant's voicemail,
298
00:12:47,400 --> 00:12:48,535
recorded six minutes
299
00:12:48,569 --> 00:12:50,571
past 9:00 on January 17th.
300
00:12:50,604 --> 00:12:52,973
ROLAND: And according
to the coroner's findings,
301
00:12:53,006 --> 00:12:54,875
when did Mrs. Homestead die?
302
00:12:54,908 --> 00:12:56,442
Her body temperature indicated
303
00:12:56,476 --> 00:12:58,779
that she died about 10:00 PM
that same night.
304
00:12:58,812 --> 00:13:00,146
Did you make any findings
305
00:13:00,180 --> 00:13:02,048
as to where she died,
Detective?
306
00:13:02,082 --> 00:13:04,117
Our conclusion
was that she died
307
00:13:04,150 --> 00:13:05,351
in her own bedroom.
308
00:13:05,385 --> 00:13:06,987
There were microscopic
blood splatterings
309
00:13:07,020 --> 00:13:08,889
on her bedpost
as well as the carpet.
310
00:13:08,922 --> 00:13:11,925
The blood matched up
genetically to the victim.
311
00:13:11,958 --> 00:13:13,960
We believe
she was killed there
312
00:13:13,994 --> 00:13:14,961
and then moved.
313
00:13:14,995 --> 00:13:16,930
Any other evidence
lead you to this?
314
00:13:16,963 --> 00:13:19,499
We also found microscopic
blood splatterings
315
00:13:19,533 --> 00:13:20,801
in the defendant's car,
316
00:13:20,834 --> 00:13:23,537
blood that also belonged
to the victim.
317
00:13:23,570 --> 00:13:24,938
Thank you, Detective.
318
00:13:31,512 --> 00:13:33,714
Well, things really look bleak
319
00:13:33,747 --> 00:13:35,048
for our side,
don't they?
320
00:13:37,183 --> 00:13:39,252
Now, I imagine
321
00:13:39,285 --> 00:13:41,487
that's why
you arrested my client.
322
00:13:41,522 --> 00:13:43,123
The phone message,
323
00:13:43,156 --> 00:13:45,025
the blood splatterings,
324
00:13:45,058 --> 00:13:46,192
the affair--
325
00:13:48,061 --> 00:13:49,796
well, come to think of it,
326
00:13:49,830 --> 00:13:50,797
that would be it,
wouldn't it?
327
00:13:50,831 --> 00:13:53,099
I mean, that's your entire case,
328
00:13:53,133 --> 00:13:55,836
blood, phone message,
and affair.
329
00:13:55,869 --> 00:13:56,870
Right, Detective?
330
00:13:56,903 --> 00:13:58,004
And his semen.
331
00:13:58,038 --> 00:13:59,640
Right. Well,
I was sort of including
332
00:13:59,673 --> 00:14:00,541
that with "affair."
333
00:14:02,108 --> 00:14:03,276
Any weapon?
334
00:14:03,309 --> 00:14:04,511
No.
335
00:14:04,545 --> 00:14:06,112
Any evidence,
336
00:14:06,146 --> 00:14:07,748
physical, forensic,
337
00:14:07,781 --> 00:14:09,516
testimonial that my client
338
00:14:09,550 --> 00:14:11,217
was in the victim's bedroom
that night?
339
00:14:11,251 --> 00:14:12,586
His semen.
340
00:14:12,619 --> 00:14:13,787
Well, the coroner
has already admitted
341
00:14:13,820 --> 00:14:15,856
that they could
have made love earlier,
342
00:14:15,889 --> 00:14:17,457
maybe even someplace else.
343
00:14:17,490 --> 00:14:20,026
Do you disagree with
the coroner on that, Detective?
344
00:14:20,060 --> 00:14:21,862
No.
HERIC: And this blood
345
00:14:21,895 --> 00:14:23,096
you're talking about,
346
00:14:23,129 --> 00:14:25,699
"microscopic," you said.
347
00:14:25,732 --> 00:14:26,667
So, if we took all this blood
348
00:14:26,700 --> 00:14:27,668
and pooled it together,
349
00:14:27,701 --> 00:14:29,503
the blood you found
both in her bedroom
350
00:14:29,536 --> 00:14:31,505
and my client's car,
351
00:14:31,538 --> 00:14:33,974
more or less than
352
00:14:34,007 --> 00:14:36,176
a paper cut, Detective?
353
00:14:36,209 --> 00:14:37,944
Probably less.
354
00:14:37,978 --> 00:14:40,881
Gee, it doesn't look as bad
355
00:14:40,914 --> 00:14:41,915
for us as I thought.
356
00:14:41,948 --> 00:14:43,183
Objection!
357
00:14:44,284 --> 00:14:46,352
Is it wise to be smug, Joey?
358
00:14:46,386 --> 00:14:47,420
HERIC: Oh, Danny,
359
00:14:47,453 --> 00:14:48,421
that was nothing.
360
00:14:48,454 --> 00:14:49,856
Ask Ellenor.
361
00:14:49,890 --> 00:14:52,358
Have they offered
any kind of plea here?
362
00:14:52,392 --> 00:14:54,360
Second degree,
it's laughable.
363
00:14:54,394 --> 00:14:55,562
DONNELL:
What are you willing to take?
364
00:14:55,596 --> 00:14:57,931
We thought an acquittal
365
00:14:57,964 --> 00:14:58,599
would be nice.
366
00:14:58,632 --> 00:15:00,634
Yes, besides that.
367
00:15:01,802 --> 00:15:04,605
Danny, would you
consider manslaughter?
368
00:15:07,007 --> 00:15:08,174
Joey thinks we can win.
369
00:15:08,208 --> 00:15:09,843
DONNELL: This is Joey's
first murder trial.
370
00:15:09,876 --> 00:15:11,578
Bobby!
He needs to hear that, Joey.
371
00:15:12,713 --> 00:15:15,181
What? You don't think
we can win?
372
00:15:21,788 --> 00:15:24,858
Yes, you have a shot here.
373
00:15:24,891 --> 00:15:26,159
But your lawyer's opinions
374
00:15:26,192 --> 00:15:27,561
are colored by his ego.
375
00:15:27,594 --> 00:15:28,995
Bobby!
This is what you get
376
00:15:29,029 --> 00:15:30,363
for making me second chair.
377
00:15:32,766 --> 00:15:34,134
If you don't already know this,
378
00:15:34,167 --> 00:15:36,637
you need to as we go forward.
379
00:15:36,670 --> 00:15:39,606
(music playing)
380
00:15:42,543 --> 00:15:44,044
I've trusted Joey this far.
381
00:15:44,077 --> 00:15:45,679
I'm going to keep
trusting him.
382
00:15:55,355 --> 00:15:56,256
How is he?
383
00:15:56,289 --> 00:15:57,123
FRUTT: He's good.
384
00:15:57,157 --> 00:15:58,024
The jury loves him.
385
00:15:58,058 --> 00:15:59,459
It kills me to admit it.
386
00:15:59,492 --> 00:16:00,661
HERIC: Admit what?
387
00:16:02,328 --> 00:16:03,096
Hi, Helen.
388
00:16:04,898 --> 00:16:07,033
Do you know I've been having
389
00:16:07,067 --> 00:16:10,571
these nasty little
hetero dreams of you?
390
00:16:13,473 --> 00:16:14,608
What?
391
00:16:14,641 --> 00:16:17,110
DONNELL: Joey, the blood
in the car
392
00:16:17,143 --> 00:16:18,011
is a problem.
393
00:16:18,044 --> 00:16:18,945
I hope you don't plan
394
00:16:18,979 --> 00:16:20,313
to argue "paper cut."
395
00:16:20,346 --> 00:16:22,649
HERIC: Oh, no.
The beloved husband is up next.
396
00:16:22,683 --> 00:16:24,450
He's what you call
"Plan B."
397
00:16:24,484 --> 00:16:27,253
Wait a second.
He has no alibi!
398
00:16:27,287 --> 00:16:28,354
FRUTT: It doesn't matter.
399
00:16:28,388 --> 00:16:29,856
Do you have any evidence
that he killed her?
400
00:16:29,890 --> 00:16:32,092
No.
Well, then, you don't "Plan B,"
401
00:16:32,125 --> 00:16:33,694
not the widower.
Ellenor.
402
00:16:33,727 --> 00:16:35,796
FRUTT: If you accuse
the husband with nothing
403
00:16:35,829 --> 00:16:36,997
to back up the accusation,
404
00:16:37,030 --> 00:16:38,398
your client will get convicted.
405
00:16:38,431 --> 00:16:40,333
I agree.
HERIC: Bobby, Ellenor,
406
00:16:40,366 --> 00:16:42,368
I recognize that I don't
have your experience,
407
00:16:42,402 --> 00:16:44,404
but one thing
I do know, "Plan B,"
408
00:16:44,437 --> 00:16:47,874
that's where the practice
of law is delicious.
409
00:16:54,080 --> 00:16:55,716
PAULINE: Mr. Berluti,
410
00:16:55,749 --> 00:16:57,317
Mr. Mathis can see you now.
411
00:17:05,358 --> 00:17:07,260
You can close the door, Pauline.
412
00:17:07,293 --> 00:17:09,295
Yes, sir.
413
00:17:21,508 --> 00:17:22,509
It's the conclusion
414
00:17:22,543 --> 00:17:24,310
of a Rape Crisis Counselor
415
00:17:24,344 --> 00:17:26,179
that she was raped.
416
00:17:26,212 --> 00:17:28,815
She tells me she was raped,
417
00:17:28,849 --> 00:17:29,750
and I believe her.
418
00:17:29,783 --> 00:17:31,384
You believe her?
419
00:17:33,119 --> 00:17:36,757
Your client set me up,
Mr. Berluti.
420
00:17:36,790 --> 00:17:38,925
She had relations,
only then to tell me
421
00:17:38,959 --> 00:17:40,360
what her occupation was.
422
00:17:40,393 --> 00:17:42,796
And then she attempted
to extort me.
423
00:17:42,829 --> 00:17:44,865
Did she give herself
the black eye?
424
00:17:44,898 --> 00:17:45,532
RUSSELL: Perhaps she did.
425
00:17:45,566 --> 00:17:46,833
I assure you I didn't.
426
00:17:48,969 --> 00:17:51,572
Why are you here?
427
00:17:51,605 --> 00:17:52,806
The District Attorney's Office
428
00:17:52,839 --> 00:17:54,007
has to prove its case
429
00:17:54,040 --> 00:17:56,543
beyond all reasonable doubt.
430
00:17:56,577 --> 00:17:58,712
In civil cases,
as you know,
431
00:17:58,745 --> 00:18:01,782
the burden is much less.
432
00:18:01,815 --> 00:18:04,551
She makes
for a credible witness.
433
00:18:04,585 --> 00:18:06,452
Get to the punch line.
434
00:18:08,889 --> 00:18:10,791
We settle now
435
00:18:10,824 --> 00:18:12,192
or sue you tomorrow.
436
00:18:12,225 --> 00:18:15,161
(music playing)
437
00:18:19,099 --> 00:18:21,201
None of those people
would ever know.
438
00:18:29,142 --> 00:18:32,478
On your way out,
Mr. Berluti,
439
00:18:32,513 --> 00:18:35,816
take a glance
at the artwork on the walls.
440
00:18:35,849 --> 00:18:38,619
We are a very rich law firm,
Mr. Berluti.
441
00:18:38,652 --> 00:18:39,586
It's a byproduct
442
00:18:39,620 --> 00:18:43,056
of having many
excellent lawyers.
443
00:18:43,089 --> 00:18:45,592
Go forward
with this extortion,
444
00:18:45,626 --> 00:18:47,293
I'll deploy the attorneys here
445
00:18:47,327 --> 00:18:49,663
to destroy both your client
446
00:18:49,696 --> 00:18:51,364
and you.
447
00:18:51,397 --> 00:18:53,433
And that's not extortion?
448
00:18:58,004 --> 00:19:00,273
No, it isn't,
449
00:19:00,306 --> 00:19:02,308
because I didn't rape
your client.
450
00:19:04,545 --> 00:19:07,614
You may leave now, Mr. Berluti.
451
00:19:07,648 --> 00:19:10,617
(music playing)
452
00:19:21,595 --> 00:19:23,897
I thought maybe Jean
was out with friends,
453
00:19:23,930 --> 00:19:25,131
though it wasn't like her
454
00:19:25,165 --> 00:19:26,900
not to leave me a message.
455
00:19:26,933 --> 00:19:28,168
And finally,
around midnight,
456
00:19:28,201 --> 00:19:30,370
I began calling some
of her friends,
457
00:19:30,403 --> 00:19:33,306
and then at 3:00 AM,
458
00:19:33,339 --> 00:19:35,275
I phoned the police.
459
00:19:35,308 --> 00:19:39,513
Mr. Homestead, I know that
this is very difficult, sir,
460
00:19:39,546 --> 00:19:43,049
but did you have knowledge
461
00:19:43,083 --> 00:19:44,450
of your wife's affair
462
00:19:44,484 --> 00:19:45,719
with the defendant?
463
00:19:45,752 --> 00:19:47,053
I had learned about it
464
00:19:47,087 --> 00:19:48,088
a week before.
465
00:19:48,121 --> 00:19:50,456
ROLAND:
And how did you find out, sir?
466
00:19:50,490 --> 00:19:51,658
Jeannie had been in therapy,
467
00:19:51,692 --> 00:19:53,594
and her therapist
implored with her
468
00:19:53,627 --> 00:19:54,928
that she tell me.
469
00:19:54,961 --> 00:19:58,098
And as a result
of your finding out, you...
470
00:19:58,131 --> 00:20:00,466
We had some
very severe arguments,
471
00:20:00,500 --> 00:20:02,468
ending with a recommitment
472
00:20:02,503 --> 00:20:04,705
by both of us
to our marriage.
473
00:20:04,738 --> 00:20:06,106
ROLAND:
And as for the defendant?
474
00:20:06,139 --> 00:20:08,008
She planned to break
it off with him.
475
00:20:08,041 --> 00:20:09,876
Do you know
if she did that, sir?
476
00:20:09,910 --> 00:20:12,245
She said she had
three conversations
477
00:20:12,278 --> 00:20:14,314
telling him that he--
Objection, hearsay.
478
00:20:14,347 --> 00:20:15,081
Withdrawn.
479
00:20:15,115 --> 00:20:17,450
Joey.
Let it in, Ellenor.
480
00:20:17,483 --> 00:20:19,385
No, this is--
HERIC: The objection
481
00:20:19,419 --> 00:20:20,921
is withdrawn, Your Honor.
482
00:20:20,954 --> 00:20:22,789
I think we should
all hear this.
483
00:20:23,890 --> 00:20:25,025
Would you continue, sir?
484
00:20:25,058 --> 00:20:27,861
MICHAEL: She said that
he was having a difficult time
485
00:20:27,894 --> 00:20:29,530
accepting that they would
not be seeing
486
00:20:29,563 --> 00:20:31,197
one another again.
487
00:20:31,231 --> 00:20:33,366
Jean even thought
that she might eventually
488
00:20:33,399 --> 00:20:34,701
have to get
a restraining order.
489
00:20:34,735 --> 00:20:35,836
Why?
490
00:20:35,869 --> 00:20:38,038
She was becoming afraid of him.
491
00:20:38,071 --> 00:20:41,007
ROLAND: Did she use
that word, sir,
492
00:20:41,041 --> 00:20:42,976
"afraid?"
Yes.
493
00:20:44,044 --> 00:20:45,011
She was concerned
494
00:20:45,045 --> 00:20:46,980
that he might try
to hurt her.
495
00:20:47,013 --> 00:20:48,181
Thank you, sir.
496
00:20:53,419 --> 00:20:55,789
Well! Now I wish
we hadn't withdrawn
497
00:20:55,822 --> 00:20:56,890
our objection at all
498
00:20:56,923 --> 00:20:58,625
if I knew you were
going to say that.
499
00:20:58,659 --> 00:20:59,893
Mr. Heric.
500
00:20:59,926 --> 00:21:01,494
HERIC: So, your wife
told you the things
501
00:21:01,528 --> 00:21:03,730
she had been discussing
with her therapist?
502
00:21:03,764 --> 00:21:04,598
Yes.
503
00:21:04,631 --> 00:21:08,201
Had she engaged
in any other affairs?
504
00:21:08,234 --> 00:21:09,903
Not to my knowledge, no.
505
00:21:09,936 --> 00:21:11,237
Had she talked to you,
506
00:21:11,271 --> 00:21:13,273
perhaps, about being unusually
507
00:21:13,306 --> 00:21:16,409
attracted to a younger man,
508
00:21:16,442 --> 00:21:17,878
an attraction that both she
509
00:21:17,911 --> 00:21:20,647
and her therapist
considered unhealthy?
510
00:21:24,184 --> 00:21:25,519
Mr. Homestead,
511
00:21:25,552 --> 00:21:27,721
did she tell you
if she had been sexually
512
00:21:27,754 --> 00:21:29,823
attracted to another man,
513
00:21:29,856 --> 00:21:31,357
a younger man?
514
00:21:35,061 --> 00:21:35,862
Yes.
515
00:21:35,896 --> 00:21:38,565
A man that she had once
even kissed?
516
00:21:38,599 --> 00:21:40,133
Yes.
517
00:21:40,166 --> 00:21:41,668
HERIC: Sir, do you see that man
518
00:21:41,702 --> 00:21:42,869
in the courtroom today?
519
00:21:48,308 --> 00:21:49,209
Yes.
520
00:21:49,242 --> 00:21:51,845
Could you identify him
for the court, please?
521
00:21:56,750 --> 00:21:58,418
My son,
522
00:21:58,451 --> 00:21:59,419
her stepson.
523
00:21:59,452 --> 00:22:02,455
(music playing)
524
00:22:05,358 --> 00:22:06,760
Well, isn't this exciting?
525
00:22:06,793 --> 00:22:07,460
Objection!
526
00:22:07,493 --> 00:22:09,162
Withdrawn.
527
00:22:09,195 --> 00:22:11,097
For how many hours
were you home alone
528
00:22:11,131 --> 00:22:12,398
before notifying the police
529
00:22:12,432 --> 00:22:13,366
that your wife was missing?
530
00:22:13,399 --> 00:22:14,868
I don't know.
531
00:22:14,901 --> 00:22:16,670
Around five hours.
532
00:22:16,703 --> 00:22:18,972
Forgive me, sir,
but I have to ask the question
533
00:22:19,005 --> 00:22:21,374
that's on everybody's mind.
534
00:22:21,407 --> 00:22:22,543
Did you kill your wife?
535
00:22:22,576 --> 00:22:23,977
ROLAND: Objection!
536
00:22:24,010 --> 00:22:24,945
Overruled.
537
00:22:24,978 --> 00:22:25,946
Obviously,
538
00:22:25,979 --> 00:22:27,247
it wasn't over like she said
539
00:22:27,280 --> 00:22:28,314
between her and my client.
540
00:22:28,348 --> 00:22:29,683
They found his sperm.
541
00:22:29,716 --> 00:22:31,384
She clearly lied to you.
542
00:22:31,417 --> 00:22:32,686
She has an affair.
543
00:22:32,719 --> 00:22:34,688
You learned she kisses
her stepson,
544
00:22:34,721 --> 00:22:35,989
your son.
545
00:22:36,022 --> 00:22:37,323
Then you find out she's lying
546
00:22:37,357 --> 00:22:38,592
and still sleeping with the man
547
00:22:38,625 --> 00:22:39,926
she claims to be afraid of.
548
00:22:39,960 --> 00:22:40,927
If indeed she said that,
549
00:22:40,961 --> 00:22:42,462
only you know for sure.
550
00:22:42,495 --> 00:22:45,599
Did you kill your wife?
551
00:22:45,632 --> 00:22:47,267
No,
552
00:22:47,300 --> 00:22:48,168
I did not.
553
00:22:52,305 --> 00:22:53,373
I don't believe you.
554
00:22:53,406 --> 00:22:54,340
Objection!
555
00:22:54,374 --> 00:22:55,308
Mr. Heric?
556
00:22:55,341 --> 00:22:56,643
Nothing further, Your Honor.
557
00:22:59,580 --> 00:23:00,581
FRUTT: He doesn't
558
00:23:00,614 --> 00:23:02,716
need us, Bobby.
559
00:23:02,749 --> 00:23:04,117
He's not even letting us in
560
00:23:04,150 --> 00:23:05,118
on all of his cards.
561
00:23:05,151 --> 00:23:06,820
We're simply sitting
in a courtroom
562
00:23:06,853 --> 00:23:09,322
as spectators
to be impressed,
563
00:23:09,355 --> 00:23:10,156
which is exactly
564
00:23:10,190 --> 00:23:11,592
what his narcissistic disorder
565
00:23:11,625 --> 00:23:12,893
is all about.
566
00:23:12,926 --> 00:23:14,160
He needs other people
567
00:23:14,194 --> 00:23:15,495
to see his achievements
568
00:23:15,529 --> 00:23:17,097
in order for him to enjoy them.
569
00:23:17,130 --> 00:23:18,899
Well, we can't get out now,
Ellenor.
570
00:23:18,932 --> 00:23:21,868
(knocking on door)
571
00:23:23,770 --> 00:23:25,305
FRUTT: We were just talking
about you, Joey.
572
00:23:25,338 --> 00:23:27,440
Nice little bombshell.
573
00:23:27,473 --> 00:23:28,208
Wasn't it, though?
574
00:23:28,241 --> 00:23:29,810
Why didn't you tell us
about it?
575
00:23:29,843 --> 00:23:32,045
Oh, come on.
It'd ruin the surprise.
576
00:23:32,078 --> 00:23:33,814
Now the question becomes,
577
00:23:33,847 --> 00:23:35,549
"Do I let Daniel testify?"
578
00:23:35,582 --> 00:23:36,783
Things are going so well.
579
00:23:36,817 --> 00:23:38,985
Does he have any skeletons?
580
00:23:39,019 --> 00:23:39,820
Not that I'm aware of.
581
00:23:39,853 --> 00:23:41,287
Then he has to testify.
582
00:23:41,321 --> 00:23:42,723
He has to explain the semen.
583
00:23:42,756 --> 00:23:44,725
And the blood in his car.
584
00:23:44,758 --> 00:23:45,892
I could rest now,
585
00:23:45,926 --> 00:23:47,360
argue, they didn't make
their burden.
586
00:23:47,393 --> 00:23:48,629
DONNELL: Joey,
587
00:23:48,662 --> 00:23:50,731
things aren't going that well.
588
00:23:50,764 --> 00:23:52,265
You need to put him up there.
589
00:23:55,301 --> 00:23:57,804
BERLUTI: I'll do
whatever you want,
590
00:23:57,838 --> 00:24:01,041
but, Jennifer, we're not going
to win this.
591
00:24:01,074 --> 00:24:02,676
He's prepared to put an army
592
00:24:02,709 --> 00:24:04,878
of lawyers on this.
593
00:24:04,911 --> 00:24:06,079
I think
594
00:24:06,112 --> 00:24:08,048
we should just let it go.
595
00:24:08,081 --> 00:24:10,150
The man rapes me,
596
00:24:10,183 --> 00:24:11,818
and I'm supposed
to just let it go?
597
00:24:11,852 --> 00:24:13,754
(door opens)
598
00:24:14,855 --> 00:24:17,791
(music playing)
599
00:24:19,993 --> 00:24:21,695
Mr. Berluti?
600
00:24:21,728 --> 00:24:22,963
Yes.
601
00:24:22,996 --> 00:24:26,833
(music playing)
602
00:24:26,867 --> 00:24:29,035
First,
603
00:24:29,069 --> 00:24:30,671
I'm going to deny
saying everything
604
00:24:30,704 --> 00:24:32,639
I'm about to tell you.
605
00:24:32,673 --> 00:24:33,607
Okay.
606
00:24:36,309 --> 00:24:38,845
I don't know if Mr. Mathis did
607
00:24:38,879 --> 00:24:40,480
what you're saying he did.
608
00:24:42,082 --> 00:24:45,385
But there's a junior partner
at my firm,
609
00:24:45,418 --> 00:24:48,288
he keeps asking me
what's going on.
610
00:24:48,321 --> 00:24:50,090
It's like he's too interested,
you know?
611
00:24:53,760 --> 00:24:55,962
I think he knows something.
612
00:24:55,996 --> 00:24:56,863
What's his name?
613
00:24:56,897 --> 00:24:59,833
(music playing)
614
00:25:07,741 --> 00:25:10,076
PAULINE: Like I say,
615
00:25:10,110 --> 00:25:11,845
we never had this conversation.
616
00:25:19,452 --> 00:25:21,387
Jimmy,
617
00:25:21,421 --> 00:25:22,388
draft a complaint.
618
00:25:22,422 --> 00:25:24,558
Move for an emergency
deposition to be taken
619
00:25:24,591 --> 00:25:26,893
prior to filing the complaint.
620
00:25:26,927 --> 00:25:28,228
Can you do that?
621
00:25:28,261 --> 00:25:28,995
YOUNG: But if there's
a danger,
622
00:25:29,029 --> 00:25:30,463
the evidence could be lost.
623
00:25:30,496 --> 00:25:31,665
This junior partner will have
624
00:25:31,698 --> 00:25:33,199
a lot of pressure
put on him.
625
00:25:33,233 --> 00:25:35,235
You need to get him
in a room now
626
00:25:35,268 --> 00:25:36,570
and put him under oath.
627
00:25:36,603 --> 00:25:39,540
(music playing)
628
00:25:45,579 --> 00:25:47,881
Why not just file
the complaint, Counsel?
629
00:25:47,914 --> 00:25:49,650
BERLUTI: We're happy
to do that, Your Honor.
630
00:25:49,683 --> 00:25:51,151
I would think the defendant
631
00:25:51,184 --> 00:25:52,686
would seek to explore ways
632
00:25:52,719 --> 00:25:54,320
of making this go away
633
00:25:54,354 --> 00:25:55,188
before we file
634
00:25:55,221 --> 00:25:57,290
since filing makes it
public record.
635
00:25:57,323 --> 00:25:58,925
That kind of threat
636
00:25:58,959 --> 00:26:00,794
is evidence of the extortion.
637
00:26:00,827 --> 00:26:02,696
Look, I have the automatic right
638
00:26:02,729 --> 00:26:05,098
to depose him after we sue.
639
00:26:05,131 --> 00:26:06,633
We're happy to take that route.
640
00:26:06,667 --> 00:26:08,501
WARREN: Mr. Berluti,
don't insult me.
641
00:26:08,535 --> 00:26:10,837
The only reason
you're not formally suing
642
00:26:10,871 --> 00:26:12,506
is because by doing so,
643
00:26:12,539 --> 00:26:13,339
your card is played,
644
00:26:13,373 --> 00:26:15,275
and you'll lose leverage.
645
00:26:15,308 --> 00:26:17,477
This thing
has a bad stench to it.
646
00:26:17,511 --> 00:26:19,713
But, Mr. Miles,
647
00:26:19,746 --> 00:26:20,881
it's not a question
648
00:26:20,914 --> 00:26:23,316
as to whether he can depose
this lawyer.
649
00:26:23,349 --> 00:26:25,786
This motion only covers timing.
650
00:26:25,819 --> 00:26:28,589
We're even willing to come
to your place.
651
00:26:28,622 --> 00:26:30,991
WARREN: I'm going to allow
the deposition.
652
00:26:31,024 --> 00:26:32,125
But, Mr. Berluti,
653
00:26:32,158 --> 00:26:33,560
like I say,
654
00:26:33,594 --> 00:26:35,061
I don't like the stench.
655
00:26:36,963 --> 00:26:39,700
We had gone to a club.
656
00:26:39,733 --> 00:26:41,234
At 6:00 PM?
657
00:26:41,267 --> 00:26:42,603
That's a little early,
isn't it?
658
00:26:42,636 --> 00:26:44,605
It was an underground club,
659
00:26:44,638 --> 00:26:45,872
mostly gay.
660
00:26:45,906 --> 00:26:47,240
But a lot of heterosexuals
661
00:26:47,273 --> 00:26:48,408
went there primarily
662
00:26:48,441 --> 00:26:49,109
to have sex.
663
00:26:49,876 --> 00:26:51,912
They had sex in the club?
Yes.
664
00:26:51,945 --> 00:26:52,813
HERIC: And you
and Jean Homestead
665
00:26:52,846 --> 00:26:53,680
went to this club
666
00:26:53,714 --> 00:26:55,248
on the night of the murder?
667
00:26:55,281 --> 00:26:56,783
Yes.
668
00:26:56,817 --> 00:26:58,351
HERIC: Daniel,
669
00:26:58,384 --> 00:27:00,621
what did you do there?
670
00:27:00,654 --> 00:27:02,723
We danced,
671
00:27:02,756 --> 00:27:04,057
we made love.
672
00:27:04,090 --> 00:27:05,692
What time did you leave?
673
00:27:05,726 --> 00:27:08,028
Probably around 8:00 or 9:00.
674
00:27:08,061 --> 00:27:09,896
I drove her home.
675
00:27:09,930 --> 00:27:10,964
HERIC: Did you go inside?
676
00:27:10,997 --> 00:27:12,198
No,
677
00:27:12,232 --> 00:27:12,999
I dropped her off
678
00:27:13,033 --> 00:27:14,400
then I went home.
679
00:27:14,434 --> 00:27:15,902
HERIC: You never went back
680
00:27:15,936 --> 00:27:17,470
to her house?
No.
681
00:27:17,504 --> 00:27:19,472
HERIC: Well, did you receive
her phone message?
682
00:27:19,506 --> 00:27:20,841
DANIEL: No,
that message was left
683
00:27:20,874 --> 00:27:22,242
on my business cell,
684
00:27:22,275 --> 00:27:23,677
which she would know
685
00:27:23,710 --> 00:27:25,378
I wouldn't get.
686
00:27:25,411 --> 00:27:27,247
That message was left
to set me up.
687
00:27:27,280 --> 00:27:27,981
Objection.
688
00:27:28,014 --> 00:27:29,115
Sustained.
689
00:27:29,149 --> 00:27:30,851
HERIC: Then, what about those
690
00:27:30,884 --> 00:27:33,086
microscopic traces of blood
691
00:27:33,119 --> 00:27:34,387
that were found in the backseat
692
00:27:34,420 --> 00:27:35,155
of your car?
693
00:27:35,188 --> 00:27:38,324
I have no idea.
694
00:27:38,358 --> 00:27:39,492
She'd certainly been
695
00:27:39,526 --> 00:27:40,894
in the backseat of my car
696
00:27:40,927 --> 00:27:42,028
many times.
We'd--
697
00:27:42,062 --> 00:27:43,597
Sometimes we even made
love there.
698
00:27:46,600 --> 00:27:48,334
Anybody see you
699
00:27:48,368 --> 00:27:50,470
and Mrs. Homestead
at this club?
700
00:27:50,504 --> 00:27:52,305
I'm sure people did
701
00:27:52,338 --> 00:27:53,640
but no one's come forward.
702
00:27:53,674 --> 00:27:56,142
It's funny how
not one waitress,
703
00:27:56,176 --> 00:27:56,977
not one bartender,
704
00:27:57,010 --> 00:27:58,211
not one patron
705
00:27:58,244 --> 00:28:00,113
remembers seeing you there.
706
00:28:00,146 --> 00:28:01,548
It's a pretty crowded place.
707
00:28:01,582 --> 00:28:03,283
Any witnesses to establish
708
00:28:03,316 --> 00:28:04,685
that you were home alone
709
00:28:04,718 --> 00:28:05,619
the night of the murder?
710
00:28:05,652 --> 00:28:06,987
Well, if there were witnesses,
711
00:28:07,020 --> 00:28:08,889
I wouldn't have been alone.
712
00:28:08,922 --> 00:28:10,691
Ever been convicted
of a felony,
713
00:28:10,724 --> 00:28:11,625
Mr. Carrington?
714
00:28:13,359 --> 00:28:15,662
(music playing)
715
00:28:19,465 --> 00:28:22,068
Once.
716
00:28:22,102 --> 00:28:23,136
Many years ago.
717
00:28:23,169 --> 00:28:24,538
What was it?
718
00:28:26,640 --> 00:28:28,575
Assault.
ROLAND: Assault and battery.
719
00:28:28,609 --> 00:28:29,810
You beat up a girlfriend,
720
00:28:29,843 --> 00:28:31,077
didn't you, Mr. Carrington?
721
00:28:31,111 --> 00:28:32,312
I pushed her.
722
00:28:32,345 --> 00:28:34,047
ROLAND: Pushed her
and she was hospitalized
723
00:28:34,080 --> 00:28:36,249
with three broken ribs,
724
00:28:36,282 --> 00:28:37,584
wasn't she, Mr. Carrington?
725
00:28:39,520 --> 00:28:42,455
(music playing)
726
00:28:48,862 --> 00:28:51,264
Did you know
about that conviction?
727
00:28:51,297 --> 00:28:53,033
HERIC: So what?
He was only 19 at the time.
728
00:28:53,066 --> 00:28:54,467
It doesn't matter.
729
00:28:54,500 --> 00:28:55,836
That felony was reason enough
730
00:28:55,869 --> 00:28:57,638
to keep him off the stand.
731
00:28:57,671 --> 00:28:58,772
HERIC: You told me
to put him on.
732
00:28:58,805 --> 00:29:00,674
DONNELL: We didn't know
he beat up a former girlfriend.
733
00:29:00,707 --> 00:29:02,676
HERIC: Well, the jury
had to hear his story.
734
00:29:02,709 --> 00:29:03,644
DONNELL: How about you
letting us in
735
00:29:03,677 --> 00:29:05,311
on all the facts from now on?
736
00:29:06,713 --> 00:29:09,716
Just help me prepare
my closing.
737
00:29:09,750 --> 00:29:11,217
We'll meet you back
at the office.
738
00:29:17,924 --> 00:29:20,761
I have no information
whatsoever.
739
00:29:20,794 --> 00:29:21,928
What's your relationship
740
00:29:21,962 --> 00:29:23,263
with Mr. Mathis?
741
00:29:23,296 --> 00:29:24,731
I work with him.
We're both lawyers
742
00:29:24,765 --> 00:29:25,832
in the same firm.
743
00:29:25,866 --> 00:29:27,167
BERLUTI:
Do you socialize together?
744
00:29:27,200 --> 00:29:28,334
MARK: No, we do not.
745
00:29:28,368 --> 00:29:30,436
Were you in the
Palmer House Hotel
746
00:29:30,470 --> 00:29:32,338
on the evening of April 12th?
747
00:29:32,372 --> 00:29:34,274
No, I was not.
748
00:29:34,307 --> 00:29:35,275
BERLUTI: Do you have
any information
749
00:29:35,308 --> 00:29:36,442
concerning the events
750
00:29:36,476 --> 00:29:37,911
involving Mr. Mathis
751
00:29:37,944 --> 00:29:38,812
on April 12th?
752
00:29:38,845 --> 00:29:39,646
Asked and answered.
753
00:29:39,680 --> 00:29:42,115
MARK: I will answer it again.
754
00:29:42,148 --> 00:29:43,917
I don't know
what you're talking about,
755
00:29:43,950 --> 00:29:45,852
and I have no information.
756
00:29:47,721 --> 00:29:49,189
Do you know Jennifer Cole?
757
00:29:49,222 --> 00:29:50,557
No, I do not.
758
00:29:50,591 --> 00:29:52,158
Ever heard of her before?
759
00:29:52,192 --> 00:29:53,527
Only in connection
760
00:29:53,560 --> 00:29:54,427
with this lawsuit.
761
00:29:59,499 --> 00:30:00,601
Okay.
762
00:30:00,634 --> 00:30:02,703
We're done.
763
00:30:02,736 --> 00:30:03,904
You can go, Mark.
764
00:30:06,206 --> 00:30:07,407
You also, please.
765
00:30:12,045 --> 00:30:13,046
If you go forward
766
00:30:13,079 --> 00:30:15,481
with this lawsuit,
Mr. Berluti,
767
00:30:15,516 --> 00:30:16,917
this is the counterclaim
768
00:30:16,950 --> 00:30:18,685
that awaits you.
769
00:30:18,719 --> 00:30:20,253
Never mind abuse of process.
770
00:30:20,286 --> 00:30:21,622
There are counts of libel,
771
00:30:21,655 --> 00:30:23,023
defamation of character.
772
00:30:23,056 --> 00:30:25,659
You can't sue me for what I
allege in a complaint.
773
00:30:25,692 --> 00:30:27,360
MATHIS: Oh, we will.
774
00:30:27,393 --> 00:30:28,695
And, truthfully,
I hope we lose
775
00:30:28,729 --> 00:30:30,396
the first go-round.
776
00:30:30,430 --> 00:30:31,297
That'll give us a chance
777
00:30:31,331 --> 00:30:32,599
to go to the appeals court,
778
00:30:32,633 --> 00:30:35,435
possibly the S. J. C.
779
00:30:35,468 --> 00:30:36,670
I hope you like working
780
00:30:36,703 --> 00:30:38,572
on this case, Mr. Berluti,
781
00:30:38,605 --> 00:30:41,207
because for the next
three years,
782
00:30:41,241 --> 00:30:43,076
you'll have time
for little else.
783
00:30:44,978 --> 00:30:47,013
(door opens)
784
00:30:47,047 --> 00:30:48,048
Sorry we're late.
785
00:30:48,081 --> 00:30:49,783
We were held up in court,
and we all wanted
786
00:30:49,816 --> 00:30:51,552
to come over together.
What is this?
787
00:30:51,585 --> 00:30:53,854
YOUNG: This is an army,
Mr. Mathis.
788
00:30:53,887 --> 00:30:56,823
(music playing)
789
00:31:01,962 --> 00:31:03,296
YOUNG: See, you may have thought
to yourself,
790
00:31:03,329 --> 00:31:05,065
"Nobody's gonna take up
the cause
791
00:31:05,098 --> 00:31:06,700
of a lowly prostitute,"
792
00:31:06,733 --> 00:31:08,468
but you were wrong.
793
00:31:08,501 --> 00:31:10,871
Jennifer Cole is a friend
of this firm.
794
00:31:10,904 --> 00:31:12,506
We care about Jennifer Cole.
795
00:31:12,539 --> 00:31:14,340
We stand committed
to exercising
796
00:31:14,374 --> 00:31:15,709
Jennifer Cole's rights.
797
00:31:15,742 --> 00:31:18,311
I guess what I'm trying
to say, Mr. Mathis,
798
00:31:18,344 --> 00:31:20,080
if you want a war,
799
00:31:20,113 --> 00:31:22,348
you've got one.
800
00:31:22,382 --> 00:31:23,817
MATHIS: You think
you're ready to challenge
801
00:31:23,850 --> 00:31:25,652
the resources
of this law firm?
802
00:31:25,686 --> 00:31:27,187
Do some research.
803
00:31:27,220 --> 00:31:28,955
We've been up
against big firms before
804
00:31:28,989 --> 00:31:31,758
and beaten them
for a lot of money.
805
00:31:31,792 --> 00:31:34,494
A reputation
is a terrible thing to waste,
806
00:31:34,528 --> 00:31:36,062
Mr. Mathis.
807
00:31:36,096 --> 00:31:37,864
You people are what give lawyers
808
00:31:37,898 --> 00:31:39,332
a bad name.
809
00:31:39,365 --> 00:31:41,101
WASHINGTON:
No, lawyers who rape
810
00:31:41,134 --> 00:31:42,903
give us a bad name.
811
00:31:42,936 --> 00:31:43,837
DONNELL: Look,
812
00:31:43,870 --> 00:31:45,171
we can fight
813
00:31:45,205 --> 00:31:46,607
or we can settle this,
814
00:31:46,640 --> 00:31:48,441
but like Eugene Young said,
815
00:31:48,474 --> 00:31:50,176
if it's a fight you want,
816
00:31:50,210 --> 00:31:51,845
you're in for a big one.
817
00:31:51,878 --> 00:31:54,180
And, win or lose,
818
00:31:54,214 --> 00:31:55,448
you lose.
819
00:31:55,481 --> 00:31:58,451
(music playing)
820
00:32:05,025 --> 00:32:07,961
(music playing)
821
00:32:13,233 --> 00:32:16,402
$175,000,
822
00:32:16,436 --> 00:32:19,139
all conditioned
on total confidentiality.
823
00:32:21,141 --> 00:32:23,109
A hundred and seventy-five
thousand?
824
00:32:23,143 --> 00:32:24,911
I think we should take it.
825
00:32:24,945 --> 00:32:26,680
Okay.
826
00:32:26,713 --> 00:32:29,315
We'll have the check tomorrow.
827
00:32:29,349 --> 00:32:30,316
Thank you.
828
00:32:32,118 --> 00:32:33,053
Thank you.
829
00:32:33,086 --> 00:32:34,054
Thank you all.
830
00:32:39,760 --> 00:32:41,762
But, Jennifer, listen.
831
00:32:47,100 --> 00:32:48,802
This guy, Mathis,
832
00:32:48,835 --> 00:32:51,104
if he's capable of rape,
833
00:32:51,137 --> 00:32:53,239
we just left him pretty hot.
834
00:32:53,273 --> 00:32:54,808
I don't want you ever...
835
00:32:54,841 --> 00:32:56,677
going back to the Palmer House.
836
00:32:56,710 --> 00:32:58,645
I won't.
837
00:32:58,679 --> 00:33:00,246
BERLUTI: You have a little girl,
Jennifer.
838
00:33:00,280 --> 00:33:02,015
She needs you.
839
00:33:02,048 --> 00:33:03,183
The other night,
840
00:33:03,216 --> 00:33:04,217
you could have been killed.
841
00:33:06,052 --> 00:33:08,822
You need to start over.
842
00:33:08,855 --> 00:33:12,025
I will, Jimmy,
843
00:33:12,058 --> 00:33:13,126
and not just for her,
844
00:33:13,159 --> 00:33:14,595
but for you.
845
00:33:14,628 --> 00:33:15,929
You don't owe me nothing.
846
00:33:15,962 --> 00:33:18,298
I owe you my life, Jimmy,
847
00:33:20,000 --> 00:33:21,501
and I'll never forget it.
848
00:33:23,570 --> 00:33:26,507
(music playing)
849
00:33:37,483 --> 00:33:38,318
ROLAND: She told her husband
850
00:33:38,351 --> 00:33:40,821
she feared Daniel Carrington,
851
00:33:40,854 --> 00:33:42,756
feared that he might hurt her,
852
00:33:42,789 --> 00:33:45,091
and she's found dead.
853
00:33:45,125 --> 00:33:46,860
Dead with traces
of Daniel Carrington's
854
00:33:46,893 --> 00:33:48,428
semen in her.
855
00:33:48,461 --> 00:33:49,362
Her blood is found
856
00:33:49,395 --> 00:33:51,131
in Daniel Carrington's car.
857
00:33:51,164 --> 00:33:52,899
Come on.
858
00:33:52,933 --> 00:33:54,367
He previously beat up
859
00:33:54,400 --> 00:33:57,203
and hospitalized
another girlfriend.
860
00:33:57,237 --> 00:33:58,238
All the evidence
861
00:33:58,271 --> 00:34:00,173
in this case points to him,
862
00:34:00,206 --> 00:34:01,975
and what's his story?
863
00:34:02,008 --> 00:34:04,110
They made love in a bar?
864
00:34:05,846 --> 00:34:07,581
Nobody saw them in this bar,
865
00:34:07,614 --> 00:34:09,315
not one patron,
866
00:34:09,349 --> 00:34:11,451
not one waitress or bartender.
867
00:34:11,484 --> 00:34:13,486
There was a message
868
00:34:13,520 --> 00:34:14,621
from the victim
869
00:34:14,655 --> 00:34:16,256
breaking off the relationship.
870
00:34:16,289 --> 00:34:17,558
A message...
871
00:34:17,591 --> 00:34:19,693
to the defendant
left one hour
872
00:34:19,726 --> 00:34:21,895
before she was murdered.
873
00:34:21,928 --> 00:34:25,031
There is no doubt here,
874
00:34:25,065 --> 00:34:27,634
ladies and gentlemen.
875
00:34:27,668 --> 00:34:29,269
Daniel Carrington
876
00:34:29,302 --> 00:34:31,271
murdered Jean Homestead.
877
00:34:41,147 --> 00:34:43,049
I certainly understand
the theory
878
00:34:43,083 --> 00:34:44,985
that Danny did it.
879
00:34:45,018 --> 00:34:46,520
His sperm,
880
00:34:46,553 --> 00:34:47,688
the blood,
881
00:34:47,721 --> 00:34:49,155
phone message,
882
00:34:49,189 --> 00:34:50,524
it makes perfect sense
883
00:34:50,557 --> 00:34:51,925
to jump to that conclusion,
884
00:34:51,958 --> 00:34:52,693
doesn't it?
885
00:34:52,726 --> 00:34:54,695
But we don't jump
to conclusions
886
00:34:54,728 --> 00:34:56,162
in murder trials.
887
00:34:56,196 --> 00:34:59,499
The evidence
has to establish guilt
888
00:34:59,533 --> 00:35:01,902
beyond all reasonable doubt.
889
00:35:01,935 --> 00:35:04,738
Now, have they really done
so here?
890
00:35:04,771 --> 00:35:06,507
They certainly didn't rule out
891
00:35:06,540 --> 00:35:08,174
that they made love at the club
892
00:35:08,208 --> 00:35:12,078
or that Danny was alone at home.
893
00:35:12,112 --> 00:35:13,279
And let's face it.
894
00:35:13,313 --> 00:35:15,415
We really can't rule out
the husband,
895
00:35:15,448 --> 00:35:16,182
can we?
896
00:35:16,216 --> 00:35:18,184
He had motive,
897
00:35:18,218 --> 00:35:19,686
opportunity,
898
00:35:19,720 --> 00:35:21,421
no alibi.
899
00:35:21,454 --> 00:35:22,589
What about the stepson,
900
00:35:22,623 --> 00:35:23,690
for that matter?
901
00:35:23,724 --> 00:35:25,291
Hmm? Any stepson
902
00:35:25,325 --> 00:35:28,862
embroiled in an Oedipal affair
903
00:35:28,895 --> 00:35:31,898
is certainly capable
of twisted turns.
904
00:35:31,932 --> 00:35:34,300
It doesn't even stop there.
905
00:35:34,334 --> 00:35:35,936
Suppose Danny Carrington
906
00:35:35,969 --> 00:35:38,939
had another lover.
907
00:35:38,972 --> 00:35:41,474
No evidence, to be sure,
but they
908
00:35:41,508 --> 00:35:43,209
didn't even investigate that.
909
00:35:43,243 --> 00:35:46,412
And is it really
that far-fetched?
910
00:35:46,446 --> 00:35:47,714
The other lover
911
00:35:47,748 --> 00:35:49,916
gets wind of the little session
912
00:35:49,950 --> 00:35:51,785
at the club,
913
00:35:51,818 --> 00:35:54,521
goes to the victim's house,
914
00:35:54,555 --> 00:35:56,022
threatens her,
915
00:35:56,056 --> 00:35:58,725
forces her to make
that phone call
916
00:35:58,759 --> 00:36:00,360
to implicate Danny.
917
00:36:00,393 --> 00:36:03,396
Then he or she kills the woman,
918
00:36:03,429 --> 00:36:04,698
dumps her in the alley,
919
00:36:04,731 --> 00:36:06,366
knowing full well
920
00:36:06,399 --> 00:36:09,503
who the police will blame.
921
00:36:09,536 --> 00:36:11,171
He or she even plants
922
00:36:11,204 --> 00:36:13,674
that little blood speck
in his car.
923
00:36:16,076 --> 00:36:20,113
Now, Danny is
the obvious suspect,
924
00:36:20,146 --> 00:36:22,849
but it could have been anybody,
925
00:36:22,883 --> 00:36:24,250
maybe one of you,
926
00:36:26,486 --> 00:36:28,088
maybe the judge,
927
00:36:31,558 --> 00:36:32,593
maybe me.
928
00:36:32,626 --> 00:36:35,562
(music playing)
929
00:36:38,031 --> 00:36:38,799
Now,
930
00:36:38,832 --> 00:36:39,866
could have been a bonehead,
931
00:36:39,900 --> 00:36:41,835
stupid murder by Danny
932
00:36:42,936 --> 00:36:45,405
or one of the more
perfect variety
933
00:36:45,438 --> 00:36:47,941
by somebody else to frame him,
934
00:36:47,974 --> 00:36:49,510
the husband,
935
00:36:49,543 --> 00:36:50,844
the stepson,
936
00:36:50,877 --> 00:36:52,646
a female lover,
937
00:36:52,679 --> 00:36:54,615
a big, gay,
938
00:36:54,648 --> 00:36:56,850
sick lover, anybody.
939
00:36:58,184 --> 00:37:00,220
The simple truth is,
940
00:37:01,555 --> 00:37:03,524
we don't know,
941
00:37:03,557 --> 00:37:05,158
certainly not beyond
942
00:37:05,191 --> 00:37:07,828
all reasonable doubt.
943
00:37:09,395 --> 00:37:12,332
(music playing)
944
00:37:39,626 --> 00:37:41,427
They sent you with the check?
945
00:37:41,461 --> 00:37:44,731
No, the check is coming
by messenger.
946
00:37:44,765 --> 00:37:48,602
May I see you in private,
Mr. Berluti?
947
00:37:48,635 --> 00:37:50,571
(door locks)
948
00:37:53,339 --> 00:37:55,542
I'm a man of conscience,
949
00:37:55,576 --> 00:37:56,643
which made yesterday
950
00:37:56,677 --> 00:37:58,444
one of the most difficult days
in my life.
951
00:38:01,414 --> 00:38:03,917
I lied in my deposition,
Mr. Berluti.
952
00:38:05,218 --> 00:38:06,252
I had a hunch.
953
00:38:06,286 --> 00:38:08,589
I don't think you had this
particular hunch.
954
00:38:11,191 --> 00:38:12,458
About six weeks ago,
955
00:38:12,492 --> 00:38:13,560
I met Jennifer Cole
956
00:38:13,594 --> 00:38:15,095
in the Palmer House.
957
00:38:15,128 --> 00:38:16,029
She passed herself off
958
00:38:16,062 --> 00:38:18,699
as a young advertising
executive.
959
00:38:18,732 --> 00:38:21,034
We got a room, we made love,
960
00:38:21,067 --> 00:38:22,435
after which, she informed me
961
00:38:22,468 --> 00:38:24,470
that she was a prostitute
962
00:38:24,505 --> 00:38:26,740
and if I didn't give her
$10,000,
963
00:38:26,773 --> 00:38:29,643
she would tell my wife
964
00:38:29,676 --> 00:38:31,645
or cry "Rape."
965
00:38:35,749 --> 00:38:36,917
Here's a copy of my check.
966
00:38:41,121 --> 00:38:42,122
There's nothing to be done now.
967
00:38:42,155 --> 00:38:44,390
Your case is settled.
968
00:38:44,424 --> 00:38:45,425
But these are people
969
00:38:45,458 --> 00:38:46,760
with families,
970
00:38:46,793 --> 00:38:49,162
Mr. Berluti.
971
00:38:49,195 --> 00:38:51,798
It's difficult for me
to stay quiet
972
00:38:51,832 --> 00:38:53,834
knowing she's going
to do this again.
973
00:38:56,102 --> 00:38:59,039
(door opens and closes)
974
00:39:06,312 --> 00:39:07,447
Did you kill her?
975
00:39:07,480 --> 00:39:09,616
HERIC: Bobby, I was throwing out
a hypothetical.
976
00:39:09,650 --> 00:39:11,217
DONNELL:
I don't think so, Joey.
977
00:39:11,251 --> 00:39:14,354
This totally fits
your narcissistic disorder.
978
00:39:14,387 --> 00:39:15,789
The only reason
we were at that table
979
00:39:15,822 --> 00:39:18,058
was to be an audience
for that smile.
980
00:39:18,091 --> 00:39:19,425
You did it,
981
00:39:19,459 --> 00:39:21,094
and you wanted us to know
you did it.
982
00:39:21,127 --> 00:39:22,729
HERIC: You've been watching
too much television.
983
00:39:22,763 --> 00:39:24,565
DONNELL: Did you and Danny
used to be lovers?
984
00:39:24,598 --> 00:39:26,166
Well, now that you mention it,
985
00:39:26,199 --> 00:39:28,735
that's how I got the case.
986
00:39:28,769 --> 00:39:29,736
DONNELL: I'm going to the D. A.
987
00:39:29,770 --> 00:39:31,137
HERIC: Oh, please, Bobby.
988
00:39:31,171 --> 00:39:32,539
The jury's out.
989
00:39:32,573 --> 00:39:34,007
If we win,
you've got nothing to say.
990
00:39:34,040 --> 00:39:35,709
If we lose,
991
00:39:35,742 --> 00:39:37,210
well, D. A. s just love
992
00:39:37,243 --> 00:39:38,411
to throw out convictions,
don't they?
993
00:39:38,444 --> 00:39:40,413
I'm sure he'll be thrilled
to listen.
994
00:39:40,446 --> 00:39:41,948
FRUTT: I think you wanna lose.
995
00:39:41,982 --> 00:39:44,317
That's why you put your guy
on the stand
996
00:39:44,350 --> 00:39:46,019
with a felony conviction
997
00:39:46,052 --> 00:39:47,588
and that closing?
HERIC: Well, wait, wait.
998
00:39:47,621 --> 00:39:48,955
What was wrong
with my closing?
999
00:39:48,989 --> 00:39:50,290
FRUTT: It was ridiculous.
1000
00:39:50,323 --> 00:39:51,558
"Maybe the judge did it,
1001
00:39:51,592 --> 00:39:52,492
maybe a juror did it?"
1002
00:39:52,526 --> 00:39:54,260
I also said,
"Maybe the lawyer did it."
1003
00:39:54,294 --> 00:39:56,062
That part, you seem to believe.
1004
00:39:56,096 --> 00:39:56,730
DONNELL: You killed her.
1005
00:39:56,763 --> 00:39:57,397
HERIC: Bobby,
1006
00:39:57,430 --> 00:40:01,301
Bobby (chuckles) Bobby,
1007
00:40:01,334 --> 00:40:03,269
you think I'm evil?
1008
00:40:03,303 --> 00:40:05,005
DONNELL: You murdered his lover,
1009
00:40:05,038 --> 00:40:06,439
framed him,
1010
00:40:06,472 --> 00:40:07,908
got yourself put on
as his lawyer
1011
00:40:07,941 --> 00:40:10,176
to guarantee he goes away.
1012
00:40:11,812 --> 00:40:13,647
Well, I must say, it does sound
1013
00:40:13,680 --> 00:40:15,081
worthy of me.
1014
00:40:15,115 --> 00:40:18,084
(music playing)
1015
00:40:23,456 --> 00:40:24,390
Hi, everybody.
1016
00:40:29,229 --> 00:40:30,831
(laughs) What's the matter?
1017
00:40:33,834 --> 00:40:35,101
The name "Mark Greene"
1018
00:40:35,135 --> 00:40:36,903
didn't ring a bell with you,
Jennifer?
1019
00:40:39,673 --> 00:40:40,741
You cashed his check.
1020
00:40:45,211 --> 00:40:46,980
You did the same thing to him
1021
00:40:47,013 --> 00:40:48,214
you did to Mathis.
1022
00:40:52,753 --> 00:40:54,955
Here's your check.
1023
00:40:54,988 --> 00:40:56,489
Take it,
1024
00:40:56,523 --> 00:40:57,924
walk out of this office,
1025
00:40:57,958 --> 00:40:59,425
and never come back here again.
1026
00:41:01,862 --> 00:41:03,697
These people are rich, Jimmy.
1027
00:41:05,098 --> 00:41:06,600
It's expensive
1028
00:41:06,633 --> 00:41:08,134
raising a child, and...
1029
00:41:08,168 --> 00:41:10,036
BERLUTI: The biggest problem
your child has
1030
00:41:10,070 --> 00:41:11,805
is having you for a mother.
1031
00:41:14,808 --> 00:41:18,078
If I hear of this happening
ever again,
1032
00:41:18,111 --> 00:41:20,213
I'll go to the police
1033
00:41:20,246 --> 00:41:22,315
and to Social Services
1034
00:41:22,348 --> 00:41:24,217
to take that child away
from you.
1035
00:41:26,820 --> 00:41:28,154
Take the check,
1036
00:41:28,188 --> 00:41:29,122
walk out,
1037
00:41:29,155 --> 00:41:30,824
and never come back.
1038
00:41:30,857 --> 00:41:33,794
(music playing)
1039
00:41:55,649 --> 00:41:56,917
I'm so nervous.
1040
00:41:56,950 --> 00:41:58,451
PATRICK: Will the defendant
please rise?
1041
00:42:01,988 --> 00:42:03,089
Madam foreperson,
1042
00:42:03,123 --> 00:42:06,059
has the jury reached
a unanimous verdict?
1043
00:42:06,092 --> 00:42:07,360
We have, Your Honor.
1044
00:42:07,393 --> 00:42:09,195
What say you?
1045
00:42:09,229 --> 00:42:10,597
FOREPERSON: In the matter
of the Commonwealth
1046
00:42:10,631 --> 00:42:12,365
versus Daniel Carrington,
1047
00:42:12,398 --> 00:42:13,934
on the charge of murder
1048
00:42:13,967 --> 00:42:15,602
in the first degree,
1049
00:42:15,636 --> 00:42:17,337
we, the jury,
find the defendant,
1050
00:42:17,370 --> 00:42:19,940
Daniel Carrington,
1051
00:42:19,973 --> 00:42:20,907
guilty.
1052
00:42:24,778 --> 00:42:25,846
HERIC: We will appeal,
Your Honor.
1053
00:42:25,879 --> 00:42:26,913
So noted.
1054
00:42:26,947 --> 00:42:28,014
Members of the jury,
1055
00:42:28,048 --> 00:42:29,082
this completes your service.
1056
00:42:29,115 --> 00:42:30,817
Security, will you take
1057
00:42:30,851 --> 00:42:32,385
the defendant into custody?
1058
00:42:32,418 --> 00:42:33,419
We're hereby adjourned.
1059
00:42:33,453 --> 00:42:35,756
(gavel bangs)
1060
00:42:35,789 --> 00:42:36,890
HERIC: Danny, listen,
don't lose hope.
1061
00:42:36,923 --> 00:42:38,825
We will keep trying.
But what happens now, right?
1062
00:42:38,859 --> 00:42:39,760
HERIC: We're gonna come
right in.
1063
00:42:39,793 --> 00:42:41,528
We're gonna start talking
about our appeal.
1064
00:42:41,562 --> 00:42:43,429
Now, Danny, don't lose hope.
1065
00:42:43,463 --> 00:42:44,931
Don't lose hope, Danny.
1066
00:42:44,965 --> 00:42:45,932
Remember,
1067
00:42:45,966 --> 00:42:47,167
in the end,
1068
00:42:47,200 --> 00:42:48,234
it's a good world.
1069
00:42:53,540 --> 00:42:54,374
Well,
1070
00:42:54,407 --> 00:42:57,243
I guess you can't win them all.
1071
00:42:57,277 --> 00:43:00,146
If I can figure out a way
to reveal what I know, I will.
1072
00:43:00,180 --> 00:43:01,281
HERIC: Certainly you know
the allegation
1073
00:43:01,314 --> 00:43:03,316
that I tried to lose a case
1074
00:43:03,349 --> 00:43:05,351
would be libel, per se.
1075
00:43:06,787 --> 00:43:08,955
Listen, come on,
sometimes you have to accept
1076
00:43:08,989 --> 00:43:10,891
unfortunate outcomes.
1077
00:43:10,924 --> 00:43:13,760
All part of being a lawyer,
isn't it?
1078
00:43:13,794 --> 00:43:16,029
Right, Ellie?
1079
00:43:16,062 --> 00:43:17,063
Well, if you'll excuse me,
1080
00:43:17,097 --> 00:43:19,099
I'm wanna go try to dig up
some new clients.
1081
00:43:19,132 --> 00:43:21,501
(chuckles)
1082
00:43:21,535 --> 00:43:23,904
Till we meet again.
1083
00:43:23,937 --> 00:43:26,873
(music playing)
1084
00:43:46,727 --> 00:43:49,530
(music playing)
1085
00:44:13,053 --> 00:44:14,420
WOMAN: You stinker.
71440
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