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In the criminal justice system, all defendants
are innocent until proven guilty,
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either by confession,
plea bargain, or trial by jury.
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This is one of those trials.
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00:00:13,167 --> 00:00:16,840
- All right, you be careful.
- Oh Jesus, please!
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Support us and become VIP member
to remove all ads from www.OpenSubtitles.org
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Kozak, what are we looking at here?
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We responded to a panic button.
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Three shots fired.
Lunch hour on a payday.
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Best guess, there are at least
30 live bodies in there.
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00:00:32,601 --> 00:00:34,418
- Okay, let's go!
- Come on.
11
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Team one, break right.
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Team two, hang back.
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Go, go, go, go!
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I see three hit.
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No sign of a shooter.
16
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What took so damn long?
She needs help now!
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Stay down!
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Sir.
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- Sir, you work here?
- I'm the manager.
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How many shooters were there?
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- One.
- Which way did he exit?
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He didn't.
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I did it.
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I shot them.
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I think she's dead.
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Law and Order Trial by Jury
Episode 1x06 - Bang & Blame
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00:01:52,881 --> 00:02:06,880
Transcript provided by Raceman
Subtitles: The Tbj Team.
28
00:02:07,610 --> 00:02:19,139
www.forom.com
www.lawandorder-fr.com
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The bank has a prescribed procedure.
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A plan I was supposed to follow.
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But I froze,
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I did nothing, while he fired.
33
00:02:32,118 --> 00:02:33,595
I saw those people fall.
34
00:02:34,345 --> 00:02:35,399
I'll never forget that.
35
00:02:36,993 --> 00:02:39,899
Was Mr. Soin holding the gun
when you first saw him?
36
00:02:40,157 --> 00:02:40,977
I heard a shot.
37
00:02:41,423 --> 00:02:42,313
I just ran.
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00:02:43,721 --> 00:02:47,729
It was as if something had grabbed me
by the arm and hauled me to the floor.
39
00:02:48,830 --> 00:02:50,190
As I was lying there. I saw him.
40
00:02:51,408 --> 00:02:52,697
He shot another person.
41
00:02:53,799 --> 00:02:54,526
And I thought...
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00:02:55,862 --> 00:02:57,338
it was the wrong thing to think, but,
43
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I thought,
"Thank God he's not shooting at me again."
44
00:03:02,472 --> 00:03:03,034
That's it.
45
00:03:10,347 --> 00:03:11,659
Didn't care for dessert?
46
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Meringue doesn't travel.
47
00:03:14,145 --> 00:03:15,551
Well, they just brought him in.
48
00:03:16,863 --> 00:03:19,606
This guy... Andrew Soin.
49
00:03:19,863 --> 00:03:22,606
- He works at the bank?
- Clerk, four years.
50
00:03:22,934 --> 00:03:24,668
You wanna sit in on the interrogation?
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Yeah, sure.
52
00:03:26,884 --> 00:03:28,642
It seems I've lost my appetite.
53
00:03:29,462 --> 00:03:32,696
Well, we have 30 eyewitnesses
to the shooting, plus a videotape.
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00:03:33,048 --> 00:03:34,173
It's open and shut.
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00:03:34,900 --> 00:03:35,954
Don't jinx it.
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Docket number 394405:
People v. Andrew Soin.
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00:03:43,642 --> 00:03:46,736
Charge is murder in the second degree
and assault with intent to murder.
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Can I say something?
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Sure. Guilty or not guilty?
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This is an injustice.
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00:03:51,682 --> 00:03:54,775
I called the police switchboard
and I told them I had a gun.
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From my home, I called them.
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00:03:56,592 --> 00:03:57,858
Mr. Guzman,
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00:03:58,303 --> 00:04:01,327
does your client need
a psychological evaluation?
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00:04:01,455 --> 00:04:03,588
- I don't believe so, Your Honor.
- No, I'm not crazy.
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00:04:03,635 --> 00:04:05,393
I'm telling you what happened.
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00:04:05,569 --> 00:04:08,171
I called, and they hung up on me.
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00:04:08,475 --> 00:04:10,233
I waited for an hour and no one came.
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00:04:10,444 --> 00:04:12,296
You keep this up, you're not making bail.
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I'm not guilty.
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Good, I'm glad that's settled.
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00:04:17,663 --> 00:04:18,952
People request remand.
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00:04:19,327 --> 00:04:22,210
May it please the court, Mr. Soin
doesn't present a flight risk...
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00:04:22,258 --> 00:04:23,008
Save it.
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00:04:23,243 --> 00:04:28,399
Due to the gravity of these charges
and the strength of the evidence,
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00:04:29,020 --> 00:04:34,270
the defendant is remanded to the Department
of Correction without bail on a short date.
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00:04:34,481 --> 00:04:35,207
Next.
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I'll look into the phone call.
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00:04:37,446 --> 00:04:40,985
Docket number 394505:
People v. Nathaniel Spivack.
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00:04:41,021 --> 00:04:43,130
Charge is menacing in the second degree.
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00:04:43,165 --> 00:04:43,915
Mr. Spivack, how do you plead?
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Looking good, counselor.
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00:04:46,165 --> 00:04:49,376
Sleep... it's a perk of private practice.
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00:04:49,400 --> 00:04:51,392
You planning to run with
this alleged phone call?
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00:04:51,768 --> 00:04:54,018
Oh, if you got it, flaunt it.
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00:04:54,674 --> 00:04:57,252
- She still using that one?
- All the time.
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00:04:57,299 --> 00:04:58,823
Trying to make me feel dated?
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00:04:58,870 --> 00:05:00,604
- Did it work?
- You wish.
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00:05:02,478 --> 00:05:04,260
If his attorney has any sense,
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00:05:04,306 --> 00:05:07,260
there'll be a message waiting on my voice mail
when I get back to my office.
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00:05:07,447 --> 00:05:09,533
I wouldn't offer a plea
even if there was interest.
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00:05:09,861 --> 00:05:13,846
Man gets up from his desk, opens fire
in front of five video cameras.
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00:05:14,631 --> 00:05:17,538
Why would you want to make a deal on a case
you could win so easily at trial?
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00:05:19,344 --> 00:05:21,804
I hear Guzman has this one.
How's he doing?
95
00:05:21,922 --> 00:05:23,680
You can still take his word to the bank.
96
00:05:23,773 --> 00:05:26,703
Word has it that all he has
is this supposed phone call.
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00:05:28,320 --> 00:05:30,219
It is the only thing
that could muddy the waters.
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00:05:31,203 --> 00:05:36,125
But if Soin really did call for help, wouldn't
there be a recording of the conversation?
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00:05:36,325 --> 00:05:38,927
Well, only 911 records incoming calls.
100
00:05:39,208 --> 00:05:42,044
The police switchboards don't.
And that's who he's claimed to have called.
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00:05:42,091 --> 00:05:44,435
Well, don't let this become a game of operator.
102
00:05:45,653 --> 00:05:49,333
Verify that they never received Soin's call,
then put him away.
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00:05:53,013 --> 00:05:54,818
Are they gonna turn over
the phone records so...
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00:05:55,919 --> 00:05:57,583
... we can prove I made the call?
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00:05:58,497 --> 00:06:00,607
That'll be part of the discovery process.
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00:06:00,619 --> 00:06:01,908
What does that mean?
107
00:06:02,096 --> 00:06:05,283
There are certain things the prosecution
is required to hand over before trial.
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00:06:05,307 --> 00:06:06,736
We should have it in a few weeks.
109
00:06:06,796 --> 00:06:08,507
That's a long time, isn't it?
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00:06:08,577 --> 00:06:09,632
Andrew,
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I think it's in your best interests to let me...
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Could we keep this formal?
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Excuse me?
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I call you Mr. Guzman.
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Fine.
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Mr. Soin.
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Is the operator going to testify?
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If need be, we can get a subpoena.
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00:06:25,289 --> 00:06:26,695
How do we do that?
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00:06:26,812 --> 00:06:30,585
Mr. Soin, please, why don't you
let me worry about the logistics?
121
00:06:31,371 --> 00:06:33,832
We can draw up a motion
and file it with the clerk's office.
122
00:06:33,832 --> 00:06:36,340
Now, about a plea.
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00:06:36,973 --> 00:06:38,754
The D.A.'s gonna wanna milk this.
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00:06:38,872 --> 00:06:42,411
It's a clear win for them, but...
We're not finished here.
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00:06:42,434 --> 00:06:44,496
You seem to have your whole case worked out.
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00:06:45,176 --> 00:06:48,293
I'm not gonna set up a negociation
if you won't consider a plea.
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I will consider it.
128
00:06:55,347 --> 00:06:58,337
So you were answering calls
on the afternoon of February 4th.
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00:06:58,384 --> 00:07:01,525
- I'd have to check my card.
- Your Sergeant already did.
130
00:07:02,639 --> 00:07:04,725
I need to ask you about Andrew Soin.
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00:07:07,103 --> 00:07:09,541
Shot up the Midtown Savings Bank.
Killed a woman.
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00:07:09,588 --> 00:07:11,439
Yeah, name sounded familiar.
133
00:07:12,202 --> 00:07:14,545
Well, he claims that
he called this switchboard,
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00:07:14,662 --> 00:07:17,616
said he had a gun, needed some help,
and the operator hung up on him.
135
00:07:18,577 --> 00:07:20,264
I think I'd remember a call like that.
136
00:07:22,889 --> 00:07:25,233
Look, you gotta understand,
this switchboard...
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... hardly ever rings.
138
00:07:27,167 --> 00:07:29,933
And when it does, it's usually
personal calls for the guys on duty.
139
00:07:30,766 --> 00:07:35,406
If a call like that came through,
you can bet I wouldn't hang up on it.
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00:07:37,316 --> 00:07:39,472
It's not the slam dunk
Branch was hoping for.
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00:07:40,621 --> 00:07:42,988
- The operator?
- Far from compelling.
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00:07:43,060 --> 00:07:44,653
He says he never got the call.
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00:07:44,771 --> 00:07:47,466
- You don't believe him.
- He broke into a sweat.
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00:07:47,560 --> 00:07:49,669
It sure looked like a guilty conscience to me.
145
00:07:50,062 --> 00:07:52,015
The victim's husband's
waiting in the conference room.
146
00:07:52,182 --> 00:07:54,396
Hey, put a rush on Soin's phone records.
147
00:07:54,461 --> 00:07:56,927
We need confirmation that call never happened.
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00:07:58,024 --> 00:08:00,860
And tell Salazar and Ravell to dig into Soin.
149
00:08:00,907 --> 00:08:04,212
Let's find out what made him
walk into work that day and open fire.
150
00:08:04,892 --> 00:08:08,290
I keep asking myself why,
but the truth is, I really don't care...
151
00:08:08,338 --> 00:08:09,885
... what made the guy do what he did.
152
00:08:10,143 --> 00:08:11,830
I just want him to pay.
153
00:08:12,909 --> 00:08:14,198
She didn't deserve this.
154
00:08:16,482 --> 00:08:18,873
I wanted to try to have
the funeral as soon as possible.
155
00:08:19,084 --> 00:08:20,725
I only have a few days leave.
156
00:08:20,971 --> 00:08:24,440
It would be helpful if her family
could be here for as much of the trial as...
157
00:08:24,464 --> 00:08:26,198
There is no family. I'm it.
158
00:08:28,870 --> 00:08:30,651
How long were you and Dana married?
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00:08:31,097 --> 00:08:31,987
Just over a year.
160
00:08:33,183 --> 00:08:35,292
We went to City Hall
a month before I shipped out.
161
00:08:37,554 --> 00:08:41,211
I'm in Fallujah and Dana gets shot
trying to cash a check in downtown Manhattan.
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00:08:46,994 --> 00:08:48,986
You mind? I only get five minutes.
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00:08:49,150 --> 00:08:51,681
People say you're the one
to talk to about Soin.
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00:08:51,869 --> 00:08:53,017
You guys buddies?
165
00:08:53,283 --> 00:08:54,689
Soin didn't have buddies.
166
00:08:54,736 --> 00:08:56,681
Word is you two took smoke breaks together.
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00:08:56,822 --> 00:08:58,158
I felt bad for the guy.
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00:08:58,439 --> 00:09:00,314
- He was going through a lot.
- Such as?
169
00:09:01,181 --> 00:09:02,376
Ugly divorce.
170
00:09:02,692 --> 00:09:05,552
I been there myself.
I didn't use my office as target practice.
171
00:09:05,810 --> 00:09:09,349
His wife dumped him for some doctor
she met when their son wrecked the family car.
172
00:09:09,420 --> 00:09:10,522
When did this happen?
173
00:09:12,209 --> 00:09:14,905
- Three, four years ago.
- Three, four years ago?
174
00:09:14,952 --> 00:09:17,131
That's a long time.
Why'd he snap now?
175
00:09:17,447 --> 00:09:19,346
This last month he's been
acting kind of weird.
176
00:09:19,650 --> 00:09:20,471
Even for him.
177
00:09:20,799 --> 00:09:22,814
- He tell you why?
- He didn't talk about it.
178
00:09:23,963 --> 00:09:26,377
- Not to me, anyways.
- Anyone he did talk to?
179
00:09:30,315 --> 00:09:32,916
That's the beauty of group.
People feel free to unburden themselves.
180
00:09:32,952 --> 00:09:35,319
- You help them with their pain.
- We try to help each other.
181
00:09:35,366 --> 00:09:38,507
Well, now we need your help.
Andrew Soin has caused a lot of suffering.
182
00:09:38,648 --> 00:09:41,624
I'm not at liberty to say
if a Mr. Soin is even in this group.
183
00:09:41,718 --> 00:09:43,781
Look, what gets said
in this room stays in this room.
184
00:09:43,874 --> 00:09:45,093
It's the only way it works.
185
00:09:45,140 --> 00:09:47,062
Yeah, it works so well that someone's dead.
186
00:09:47,777 --> 00:09:49,019
I'm sorry.
187
00:09:49,746 --> 00:09:50,637
Help yourself.
188
00:09:53,191 --> 00:09:54,738
Soin must be quite a guy.
189
00:09:54,856 --> 00:09:57,317
Shoots three people full of holes,
everyone's got his back.
190
00:10:01,723 --> 00:10:02,848
So, you were in group with him?
191
00:10:03,165 --> 00:10:05,556
Why call it group if it's always about him?
192
00:10:06,118 --> 00:10:07,548
He ever mention his divorce?
193
00:10:07,899 --> 00:10:08,813
Are you kiddin'?
194
00:10:08,861 --> 00:10:10,665
So he blamed his ex for his problems.
195
00:10:10,876 --> 00:10:13,407
The man could teach a master class
in the blame game.
196
00:10:14,134 --> 00:10:16,056
Rent checks were getting lost in the mail.
197
00:10:16,407 --> 00:10:18,095
Doctors were double billing him.
198
00:10:18,342 --> 00:10:20,029
Everything was someone else's fault.
199
00:10:20,193 --> 00:10:21,553
So he came here to unload?
200
00:10:21,740 --> 00:10:23,662
He came here 'cause he was terrified.
201
00:10:23,920 --> 00:10:25,092
He'd just gotten mugged.
202
00:10:25,397 --> 00:10:27,412
- When was this?
- About a month ago.
203
00:10:27,623 --> 00:10:30,553
Said that he reported it to the cops,
but nothing came of it.
204
00:10:30,905 --> 00:10:32,569
Even went and bought himself a gun.
205
00:10:33,248 --> 00:10:34,772
He didn't just buy it, he used it.
206
00:10:35,054 --> 00:10:37,375
His final session, he was so depressed...
207
00:10:37,843 --> 00:10:39,859
... he said he felt like he was gonna explode.
208
00:10:40,093 --> 00:10:41,804
What do you mean by his final session?
209
00:10:41,968 --> 00:10:43,750
His insurance didn't cover therapy.
210
00:10:44,183 --> 00:10:45,566
He couldn't afford to keep coming.
211
00:10:47,969 --> 00:10:51,273
Soin's phone records.
He did call the police for help.
212
00:10:51,683 --> 00:10:52,785
The operator lied.
213
00:10:53,324 --> 00:10:54,730
A lot went wrong for the guy.
214
00:10:54,988 --> 00:10:56,605
Don't tell me you feel sorry for him.
215
00:10:58,550 --> 00:11:00,121
Don't shrug it off. Tell me.
216
00:11:00,474 --> 00:11:03,755
Are you saying a run of bad luck
justifies a shooting spree?
217
00:11:03,825 --> 00:11:05,653
I'm just thinking like a jury will.
218
00:11:05,969 --> 00:11:08,360
You honestly think a jury could be sympathetic?
219
00:11:08,511 --> 00:11:11,594
If Guzman focuses on Soin's character, yes.
220
00:11:12,075 --> 00:11:13,411
The guy never took a sick day.
221
00:11:13,458 --> 00:11:16,833
He just got passed over for a promotion
by someone fresh out of college.
222
00:11:16,986 --> 00:11:19,025
He's a hard worker, no criminal record.
223
00:11:19,049 --> 00:11:22,869
A jury of his peers might relate to him.
It's not a stretch.
224
00:11:22,998 --> 00:11:25,599
At the very least, it could affect sentencing.
225
00:11:26,255 --> 00:11:27,662
That's why I'm offering him a plea.
226
00:11:29,444 --> 00:11:32,163
How do I hang up on a call I never got?
227
00:11:33,382 --> 00:11:36,124
I'm gonna give you a minute to think about it.
228
00:11:36,546 --> 00:11:37,319
What's this?
229
00:11:38,163 --> 00:11:40,390
Soin's phone records from February 4th.
230
00:11:40,671 --> 00:11:45,195
There's a 52-second call from
Soin's apartment to your switchboard.
231
00:11:46,707 --> 00:11:48,629
Look, I can't lose my job, all right?
232
00:11:49,074 --> 00:11:50,410
I'm diabetic.
233
00:11:51,535 --> 00:11:53,199
Without medical, I'm dead.
234
00:11:53,914 --> 00:11:56,726
So, you did talk to Soin.
235
00:11:57,851 --> 00:11:59,960
He talked, I listened.
236
00:12:01,251 --> 00:12:02,962
They're gonna fire me
when they hear about this.
237
00:12:03,056 --> 00:12:05,563
We put you under oath, you lie, that's perjury.
238
00:12:06,220 --> 00:12:07,860
- Jail time.
- Oh, God, no.
239
00:12:07,954 --> 00:12:09,876
Did Soin tell you he had a gun?
240
00:12:11,400 --> 00:12:13,392
I told him I was unauthorized.
241
00:12:13,392 --> 00:12:15,947
I hadn't been trained
to take a call like that.
242
00:12:15,993 --> 00:12:18,525
That I was gonna connect him to 911.
243
00:12:18,559 --> 00:12:21,489
Now, we might have got disconnected,
but I did not hang up on him.
244
00:12:23,247 --> 00:12:24,044
I swear it.
245
00:12:26,486 --> 00:12:28,783
- Man one.
- Oh, Miguel, come on.
246
00:12:29,861 --> 00:12:30,845
Murder two.
247
00:12:30,962 --> 00:12:33,657
Concurrent sentences on the non-fatal victims.
248
00:12:33,704 --> 00:12:35,462
It's a shot at some distant parole.
249
00:12:35,928 --> 00:12:37,499
- You following this?
- Yes.
250
00:12:38,483 --> 00:12:39,491
We should consider it.
251
00:12:40,030 --> 00:12:41,178
I want man two.
252
00:12:41,928 --> 00:12:43,780
I want a beach house in the Hamptons.
253
00:12:43,803 --> 00:12:44,694
Mr. Soin...
254
00:12:45,374 --> 00:12:48,210
I've tried to make you understand
if this went to trial...
255
00:12:48,280 --> 00:12:49,733
That's exactly where it is going.
256
00:12:49,804 --> 00:12:52,264
I can't promise we'll do as well with a jury.
257
00:12:52,582 --> 00:12:53,894
I know.
258
00:12:54,761 --> 00:12:55,933
That's why you're fired.
259
00:12:57,738 --> 00:12:58,136
What?
260
00:12:58,617 --> 00:12:59,719
Unbelievable.
261
00:12:59,766 --> 00:13:02,274
Mr. Soin, it's a decent offer.
I think I know how this should be done.
262
00:13:02,320 --> 00:13:03,469
Clearly, you don't.
263
00:13:03,891 --> 00:13:05,813
I've decided to represent myself.
264
00:13:13,583 --> 00:13:17,146
To my knowledges, no concept of the law
attempting to defend himself.
265
00:13:18,013 --> 00:13:19,302
It's his right, Arthur.
266
00:13:19,476 --> 00:13:22,971
Ringmaster at a three ring circus
in your courtroom.
267
00:13:23,177 --> 00:13:26,525
Barring he clucks like a chicken
at his competency exam, my hands are tied.
268
00:13:26,574 --> 00:13:29,213
The man who serves as his own lawyer
has a fool for a client.
269
00:13:29,238 --> 00:13:32,024
And every man has a
constitutional right to be a fool.
270
00:13:33,921 --> 00:13:35,705
Did you invite me to lunch just to complain?
271
00:13:35,827 --> 00:13:37,709
You deny me such a simple pleasure.
272
00:13:38,222 --> 00:13:39,322
You worry too much.
273
00:13:39,963 --> 00:13:41,502
I think I can control my courtroom.
274
00:13:46,307 --> 00:13:49,020
Mr. Soin, I've reviewed
your psychiatric evaluation
275
00:13:49,045 --> 00:13:51,244
and find you competent to stand trial.
276
00:13:51,577 --> 00:13:52,066
Okay.
277
00:13:52,163 --> 00:13:54,094
If you're permitted to represent yourself,
278
00:13:54,119 --> 00:13:56,514
you'll have to fully comply
with the rules of evidence,
279
00:13:56,538 --> 00:13:59,031
criminal procedure,
and the orders of this court.
280
00:13:59,056 --> 00:14:00,424
Even if you disagree with them.
281
00:14:00,576 --> 00:14:02,042
Yes, Your Honor.
282
00:14:02,189 --> 00:14:03,827
Please stand when addressing the bench.
283
00:14:05,611 --> 00:14:07,884
You cannot make speeches or try to testify.
284
00:14:08,289 --> 00:14:11,441
And when questioning witnesses,
you will remain courteous at all times.
285
00:14:11,637 --> 00:14:12,663
Is that understood?
286
00:14:13,470 --> 00:14:13,934
Yes.
287
00:14:14,438 --> 00:14:17,395
It will be more difficult for you
to get access to research,
288
00:14:17,468 --> 00:14:21,110
evidence, and witnesses due to the restrictions
under which you are presently housed.
289
00:14:21,149 --> 00:14:22,884
I'm aware of that, but...
290
00:14:23,755 --> 00:14:25,734
... I know what happened
better than anybody else.
291
00:14:25,783 --> 00:14:29,791
For the record, I think it's unwise
for any defendant to proceed without counsel.
292
00:14:30,099 --> 00:14:32,421
Especially in a case with
this degree of significance.
293
00:14:32,617 --> 00:14:34,010
That said, I'm satisfied...
294
00:14:34,034 --> 00:14:36,649
... that you understand what you're doing
by waiving your right to counsel.
295
00:14:37,706 --> 00:14:39,441
And I'm allowing you to proceed Pro Se.
296
00:14:40,247 --> 00:14:41,298
Can I talk now?
297
00:14:44,979 --> 00:14:48,376
Thank you... for giving me a chance here.
298
00:14:48,914 --> 00:14:49,720
I really believe...
299
00:14:49,769 --> 00:14:52,971
Mr. Soin, I think you should
probably save your opening for trial.
300
00:14:53,122 --> 00:14:54,930
Right. Okay.
301
00:14:56,592 --> 00:14:59,965
I'd like to file a request
for visitation rights.
302
00:15:00,209 --> 00:15:01,383
Visitation of whom?
303
00:15:01,666 --> 00:15:04,110
My son Joey.
He's out at the Furndale Clinic.
304
00:15:04,159 --> 00:15:06,896
And I usually go there every Thursday.
I'd like to keep doing that.
305
00:15:07,107 --> 00:15:09,575
I'm afraid your situation
has changed dramatically.
306
00:15:09,893 --> 00:15:10,822
Request denied.
307
00:15:18,421 --> 00:15:20,473
What's he saying I did now?
308
00:15:20,596 --> 00:15:22,844
You divorced Mr. Soin four years ago.
309
00:15:23,111 --> 00:15:24,699
Acrimony still run that deep?
310
00:15:24,724 --> 00:15:25,994
- You married?
- No.
311
00:15:26,117 --> 00:15:27,412
Choose wisely.
312
00:15:27,965 --> 00:15:30,091
What does he want?
More money?
313
00:15:30,433 --> 00:15:34,075
Actually, I'm not representing your ex-husband.
I'm with the D.A.'s office.
314
00:15:35,815 --> 00:15:37,721
So, where'd you go on vacation?
315
00:15:37,941 --> 00:15:40,288
Costa Rica. Rain forest.
316
00:15:40,801 --> 00:15:41,901
What is this about?
317
00:15:41,963 --> 00:15:44,432
You haven't spoken to Mr. Soin since
you've been out of town?
318
00:15:44,481 --> 00:15:46,265
I haven't spoken to him in years.
319
00:15:46,387 --> 00:15:50,297
The closest we get are the accusatory
messages he leaves on my voice mail.
320
00:15:50,571 --> 00:15:51,891
What is this about?
321
00:15:52,013 --> 00:15:54,237
Mr. Soin's been arrested for murder.
322
00:15:54,800 --> 00:15:55,924
Oh, my God.
323
00:15:57,561 --> 00:15:59,810
- Who did he...
- He shot and killed a woman at his bank.
324
00:15:59,825 --> 00:16:02,000
Now, about these messages
he's been leaving you. What are they...
325
00:16:02,000 --> 00:16:04,517
No, no. I don't think I can
talk to you anymore.
326
00:16:04,727 --> 00:16:05,632
I'm sorry.
327
00:16:08,335 --> 00:16:09,777
What'd the ex-wife have to say?
328
00:16:09,899 --> 00:16:11,023
Not too much.
329
00:16:11,097 --> 00:16:13,198
So I pulled everything I could on Soin.
330
00:16:13,678 --> 00:16:17,661
He's not the type to make headlines.
Most of it's on his son's accident.
331
00:16:19,509 --> 00:16:20,340
Drunk driving?
332
00:16:20,682 --> 00:16:22,100
It happened on the way home from the city.
333
00:16:22,662 --> 00:16:25,130
The kid was celebrating his 18th birthday.
334
00:16:25,439 --> 00:16:27,296
He's been in a coma ever since.
335
00:16:28,628 --> 00:16:30,119
This is getting operatic.
336
00:16:30,194 --> 00:16:33,029
The Soins filed a civil suit against
the bar where their kid got loaded.
337
00:16:33,175 --> 00:16:35,008
Let me guess, they lost.
338
00:16:35,732 --> 00:16:37,687
His ex met her new husband, the boy's doctor.
339
00:16:37,736 --> 00:16:39,154
She ditches Soin.
340
00:16:39,251 --> 00:16:41,500
All of which he'll try to bring in at trial.
341
00:16:41,613 --> 00:16:43,910
Valid reasons why a person might snap.
342
00:16:44,008 --> 00:16:45,474
Oh, please.
343
00:16:45,733 --> 00:16:48,299
We've all got laundry lists
of reasons to snap.
344
00:16:48,348 --> 00:16:50,866
Come on, Tracy,
Soin's at a breaking point.
345
00:16:51,125 --> 00:16:53,764
He keeps asking for help
and no one listens.
346
00:16:53,838 --> 00:16:57,088
He shot a two-inch hole
through Dana Burge's sternum.
347
00:16:57,152 --> 00:16:59,743
She's dead, he pulled the trigger.
End of story.
348
00:17:00,745 --> 00:17:02,187
But why did he subpoena me?
349
00:17:02,470 --> 00:17:04,230
You were a paramedic at the scene.
350
00:17:04,303 --> 00:17:07,236
He might want someone impartial
to walk the jury through the aftermath.
351
00:17:07,764 --> 00:17:10,306
I just got off the phone
with legal services at Rikers.
352
00:17:10,355 --> 00:17:12,945
Soin's been requesting
medical books from the library.
353
00:17:12,985 --> 00:17:15,013
- So?
- So he's doing his homework.
354
00:17:15,233 --> 00:17:18,044
We know the subject is medicine.
What we don't know is why.
355
00:17:18,939 --> 00:17:22,409
When you guys first entered the bank,
where was Soin?
356
00:17:22,727 --> 00:17:24,633
On the floor with the victim...
357
00:17:25,185 --> 00:17:27,066
... complaining about response time.
358
00:17:27,888 --> 00:17:31,871
And after the panic button was hit, how long
was it before you entered the building?
359
00:17:32,091 --> 00:17:32,971
12 minutes.
360
00:17:33,231 --> 00:17:34,966
Response time was seven minutes.
361
00:17:35,455 --> 00:17:38,290
We had to wait another five
for the cops to secure the scene.
362
00:17:38,989 --> 00:17:41,946
- If you had gotten there sooner...
- How, fly?
363
00:17:42,117 --> 00:17:44,586
If you had gotten to Dana Burge sooner,
364
00:17:44,747 --> 00:17:46,800
is it possible she could have lived?
365
00:17:47,680 --> 00:17:48,706
We did our job.
366
00:17:53,414 --> 00:17:55,418
It's possible.
367
00:17:56,948 --> 00:17:57,974
You got a minute?
368
00:18:03,561 --> 00:18:06,348
Everybody's guilty except
the guy who did the crime.
369
00:18:06,547 --> 00:18:07,207
Maybe not.
370
00:18:07,476 --> 00:18:10,165
Remember why Soin said
he needed space on the therapy couch?
371
00:18:10,384 --> 00:18:11,509
Yeah, he got mugged.
372
00:18:11,729 --> 00:18:14,270
And made a big deal about
how the cops dropped the ball.
373
00:18:14,310 --> 00:18:15,190
Well, we checked it out.
374
00:18:15,312 --> 00:18:17,536
There's no record of him
ever reporting a mugging.
375
00:18:18,000 --> 00:18:18,611
He lied.
376
00:18:19,467 --> 00:18:20,884
Why would he lie about that?
377
00:18:21,314 --> 00:18:21,901
I don't know.
378
00:18:23,089 --> 00:18:25,313
Okay, if we're gonna use this,
we gotta cover our asses.
379
00:18:25,362 --> 00:18:26,242
Check everything.
380
00:18:26,291 --> 00:18:29,248
The ERs, the local clinics, people
who saw him at the time. Everything.
381
00:18:29,297 --> 00:18:29,859
Okay.
382
00:18:41,086 --> 00:18:41,722
Kibre.
383
00:18:42,113 --> 00:18:44,043
Collect call from: Andrew Soin.
384
00:18:44,998 --> 00:18:46,391
Will you accept the charges?
385
00:18:48,297 --> 00:18:49,152
I will.
386
00:18:49,837 --> 00:18:51,230
Burning the midnight oil?
387
00:18:51,743 --> 00:18:53,258
What can I do for you, Mr. Soin?
388
00:18:53,458 --> 00:18:56,269
I could use your order of witnesses.
389
00:18:56,269 --> 00:18:58,810
I'm under no obligation
to give you that information.
390
00:18:59,055 --> 00:19:00,668
Just trying to get a fair trial here.
391
00:19:00,766 --> 00:19:03,430
It seems like everyone's going out
of their way to make that impossible.
392
00:19:08,543 --> 00:19:09,276
Ms. Kibre?
393
00:19:11,207 --> 00:19:13,040
- Are you still there?
- I'm still here.
394
00:19:13,470 --> 00:19:14,008
Good.
395
00:19:14,203 --> 00:19:16,427
For a minute there I thought
you had hung up on me too.
396
00:19:17,038 --> 00:19:18,994
When people do that,
bad things tend to happen.
397
00:19:21,746 --> 00:19:23,554
- Is that it?
- For now.
398
00:19:42,089 --> 00:19:44,875
All of which who prove
beyond a reasonnable doubt...
399
00:19:45,086 --> 00:19:49,778
... that the man sitting before you
is guilty of murder in the second degree.
400
00:19:53,203 --> 00:19:54,329
Approach.
401
00:19:58,568 --> 00:20:00,221
That means you too, Mr. Soin.
402
00:20:05,817 --> 00:20:07,948
Mr. Soin, we discussed this.
403
00:20:07,972 --> 00:20:10,415
You're permitted to wear
your street clothes during trial.
404
00:20:10,439 --> 00:20:12,379
I want the jury to see me as I am.
405
00:20:12,443 --> 00:20:14,143
They can hear him
in the stalls, Your Honor.
406
00:20:14,180 --> 00:20:18,875
Mr. Soin, let's get one thing clear,
my courtroom is no place for games.
407
00:20:19,306 --> 00:20:22,492
However, I cannot force you
to change out of your prison garb.
408
00:20:22,516 --> 00:20:24,504
- Your Honor, I'm gonna have to...
- Please proceed.
409
00:20:34,918 --> 00:20:37,337
Look, one thing Ms. Kibre got right,
I'm just a man.
410
00:20:38,679 --> 00:20:39,589
I work in a bank.
411
00:20:40,116 --> 00:20:44,930
The only time I ever stepped into this building
was when I had jury duty like you guys.
412
00:20:45,360 --> 00:20:48,426
The reason I'm here now
is because I can't trust anyone
413
00:20:48,656 --> 00:20:50,836
to care as much about this case as I do.
414
00:20:51,554 --> 00:20:52,728
They're gonna tell you what I did,
415
00:20:53,135 --> 00:20:54,309
but they won't tell you why.
416
00:20:55,078 --> 00:20:58,599
And I'm sure that they have
expert witnesses and visual aids.
417
00:20:58,838 --> 00:21:00,108
I know that they have law degrees.
418
00:21:00,156 --> 00:21:04,012
Mr. Soin, do I have to remind you
of the rules we agreed on?
419
00:21:04,443 --> 00:21:04,994
Sorry.
420
00:21:09,380 --> 00:21:11,871
Best that I can do, in fact,
the only thing that I can do is...
421
00:21:13,571 --> 00:21:15,823
... is tell you my side of things
as honestly as I can.
422
00:21:16,234 --> 00:21:18,916
I know that their job is to
make you believe that I'm a bad guy.
423
00:21:18,940 --> 00:21:20,305
But if you hear me out,
424
00:21:21,862 --> 00:21:24,329
I think you'll find I'm just like you.
425
00:21:26,320 --> 00:21:29,386
Mr. Reddy, were you shot
by the defendant, Mr. Soin?
426
00:21:29,913 --> 00:21:30,847
In the arm.
427
00:21:31,613 --> 00:21:33,601
He shattered my humerus.
428
00:21:34,716 --> 00:21:37,399
I'd like to show
what's been previously marked...
429
00:21:38,155 --> 00:21:41,101
- ... as People's 37.
- You may publish it.
430
00:21:41,473 --> 00:21:42,216
Objection.
431
00:21:42,264 --> 00:21:45,450
You have to tell me the basis
of the objection before I can rule on it.
432
00:21:45,689 --> 00:21:47,653
The images on that tape,
they're deeply disturbing.
433
00:21:47,677 --> 00:21:49,833
I don't think the jury needs to see them.
434
00:21:50,157 --> 00:21:52,529
- Overruled.
- Can't she just describe what happened?
435
00:21:52,624 --> 00:21:53,894
Mr. Soin, sit down.
436
00:22:24,568 --> 00:22:25,790
Why were you in the bank?
437
00:22:26,485 --> 00:22:27,730
To get some dollar coins.
438
00:22:27,750 --> 00:22:30,481
My daughter's first tooth fell out, so...
439
00:22:30,673 --> 00:22:32,685
... it was going to be from the tooth fairy.
440
00:22:33,858 --> 00:22:35,870
When did you first see Mr. Soin?
441
00:22:36,099 --> 00:22:39,045
When he entered the lobby.
I thought he was going to lunch.
442
00:22:39,117 --> 00:22:41,680
- Then what happened?
- I saw he had a gun...
443
00:22:41,824 --> 00:22:43,189
... and he just began to fire.
444
00:22:45,084 --> 00:22:48,293
Was Mr. Soin panicked or distraught?
445
00:22:48,820 --> 00:22:51,527
No, his face was a blank.
446
00:22:52,871 --> 00:22:54,284
He looked completely at peace.
447
00:22:56,296 --> 00:22:58,954
- That's all for this witness.
- Mr. Soin.
448
00:23:06,149 --> 00:23:09,502
Mr. Reddy, I know it doesn't sound like much
coming from the man who shot you,
449
00:23:09,526 --> 00:23:12,520
but at this moment it's all I have to give.
450
00:23:12,576 --> 00:23:15,594
- I'm so deeply sorry.
- Objection.
451
00:23:16,336 --> 00:23:17,606
This isn't a confessional.
452
00:23:18,303 --> 00:23:20,602
Mr. Soin, do you have
an actual question for this witness?
453
00:23:20,914 --> 00:23:24,866
I've put Mr. Reddy and all the other people
that I hurt through enough already.
454
00:23:24,986 --> 00:23:26,710
No, I don't have any questions.
455
00:23:33,246 --> 00:23:34,827
It sucks putting your life on hold.
456
00:23:34,851 --> 00:23:38,683
Yeah, tell me about it.
I got an 86-year-old mother at home.
457
00:23:39,363 --> 00:23:40,968
She probably burned the house down by now.
458
00:23:41,016 --> 00:23:42,621
At least we got an interesting case.
459
00:23:42,860 --> 00:23:43,435
Think so?
460
00:23:43,531 --> 00:23:45,662
Buddy of mine spent
two weeks on a civil jury...
461
00:23:45,686 --> 00:23:48,345
... listening to people argue
about a root canal gone bad.
462
00:23:48,382 --> 00:23:50,801
Yeah, well, I'd take boring over this.
We'd be home sooner.
463
00:23:51,065 --> 00:23:54,418
At least if the guy had himself a lawyer,
they wouldn't waste so much time on all...
464
00:23:54,466 --> 00:23:55,065
Hey, guys.
465
00:23:55,403 --> 00:23:56,529
Is, uh, he coming back?
466
00:24:03,847 --> 00:24:06,075
You guys weren't, uh, talking
about the case, were you?
467
00:24:07,464 --> 00:24:08,901
What are you, the jury Nazi?
468
00:24:10,112 --> 00:24:12,172
Anybody want coffee?
I'm buying.
469
00:24:12,771 --> 00:24:14,591
No, thanks. Makes me jumpy.
470
00:24:23,770 --> 00:24:26,022
Well, you did really well
up there on the stand.
471
00:24:26,094 --> 00:24:26,813
Well, that was easy.
472
00:24:26,861 --> 00:24:29,759
I mean, I already knew the questions
Ms. Kibre would be asking.
473
00:24:29,998 --> 00:24:31,076
It's the next part.
474
00:24:31,244 --> 00:24:34,621
I mean, what's Soin gonna want to know
that I haven't already said?
475
00:24:34,874 --> 00:24:36,574
I buried Dana next to her parents.
476
00:24:36,622 --> 00:24:38,850
- Do I know you?
- You killed my wife.
477
00:24:39,534 --> 00:24:42,264
- No, no, look...
- No, you could have sent someone to stop him.
478
00:24:42,336 --> 00:24:45,570
If you just talked to him a few minutes longer,
just kept him on the line.
479
00:24:46,100 --> 00:24:47,058
I blame you.
480
00:24:58,876 --> 00:24:59,547
It's okay.
481
00:25:01,056 --> 00:25:04,936
Certain jurors may have been inadvertently
exposed to out-of-court statements...
482
00:25:04,990 --> 00:25:07,146
... which could affect
their ability to remain impartial.
483
00:25:07,170 --> 00:25:08,439
What has led you to this belief?
484
00:25:08,501 --> 00:25:12,045
They witnessed an altercation between
a witness and the victim's husband.
485
00:25:12,069 --> 00:25:14,752
We believe this requires
an immediate inquiry.
486
00:25:15,675 --> 00:25:18,310
Did you see anything in the hallway
as you returned to the jury room?
487
00:25:18,358 --> 00:25:20,322
Yeah, I think it was the victim's husband.
488
00:25:20,681 --> 00:25:22,622
He was talking to the operator, Mr. Mudgett.
489
00:25:22,841 --> 00:25:26,194
Did hearing that conversation impact
your ability to remain fair and impartial?
490
00:25:26,266 --> 00:25:28,541
Um, no, I can honestly say that it didn't.
491
00:25:30,098 --> 00:25:31,655
If it did, could I get to go home?
492
00:25:32,089 --> 00:25:35,418
Did it cause you to form an opinion
for or against one party or the other?
493
00:25:35,801 --> 00:25:36,592
It didn't change it.
494
00:25:36,999 --> 00:25:39,083
So you're admitting that
you've already formed an opinion?
495
00:25:39,490 --> 00:25:40,759
They're making it impossible not to.
496
00:25:40,797 --> 00:25:43,647
I mean, come on, he's up there alone
against people who do this for a living.
497
00:25:43,671 --> 00:25:48,006
In my instructions to the jury, I explained that
Mr. Soin made the choice to represent himself.
498
00:25:48,009 --> 00:25:49,661
And he's doing a pretty good job of it too.
499
00:25:50,380 --> 00:25:51,913
He's kicking those girls' asses.
500
00:25:52,775 --> 00:25:56,224
As you can see juror number nine
has been replaced by an alternate.
501
00:25:56,669 --> 00:25:59,279
You are not to speculate
as to the reason why.
502
00:25:59,998 --> 00:26:02,681
Mr. Soin, you may begin
your cross-examination.
503
00:26:07,084 --> 00:26:09,479
What experience do you have
on the switchboard?
504
00:26:09,862 --> 00:26:10,628
Three years.
505
00:26:10,700 --> 00:26:12,640
I'm there on account
of my medical condition.
506
00:26:13,189 --> 00:26:15,177
No, I guess I have to be more specific.
507
00:26:16,997 --> 00:26:18,817
Did you ever go through
any official training,
508
00:26:18,844 --> 00:26:21,742
sit in on any calls before you
answered them yourself?
509
00:26:21,862 --> 00:26:22,508
No.
510
00:26:22,844 --> 00:26:24,017
How long is your shift?
511
00:26:24,616 --> 00:26:25,718
I just work lunch.
512
00:26:26,173 --> 00:26:29,023
That's just an hour.
What do you do the rest of the time?
513
00:26:29,228 --> 00:26:30,234
Fix things.
514
00:26:30,929 --> 00:26:31,935
A burnt-out light bulb.
515
00:26:32,954 --> 00:26:36,523
Sometimes a toilet
in the holding cell backs up...
516
00:26:36,619 --> 00:26:39,158
... or a desk drawer gets stuck.
517
00:26:39,377 --> 00:26:40,934
Pretty much whatever the guys need.
518
00:26:41,437 --> 00:26:44,862
When you were first asked if I called the police
switchboard, you lied, didn't you?
519
00:26:46,682 --> 00:26:47,305
Yes.
520
00:26:47,544 --> 00:26:49,269
The D.A. ever investigate you?
521
00:26:49,461 --> 00:26:49,964
No.
522
00:26:50,086 --> 00:26:51,044
Prosecute you?
523
00:26:51,092 --> 00:26:51,499
No.
524
00:26:51,667 --> 00:26:54,086
You lied to the authorities.
You obstructed justice.
525
00:26:54,110 --> 00:26:56,170
Objection. Badgering.
526
00:26:57,045 --> 00:27:00,518
I'd like to request a motion
to dismiss for...
527
00:27:00,638 --> 00:27:03,728
... prosecutorial misconduct.
528
00:27:04,354 --> 00:27:06,079
- Your Honor!
- Chambers.
529
00:27:08,306 --> 00:27:12,833
Mudgett's testimony, it was given
in exchange for not being punished.
530
00:27:12,823 --> 00:27:15,793
- There was no offer in this case.
- There was an agreement.
531
00:27:15,936 --> 00:27:19,936
It wasn't disclosed.
That's a Brady violation.
532
00:27:20,261 --> 00:27:21,650
Someone's been studying.
533
00:27:21,746 --> 00:27:23,926
Unless your office intends
to open an investigation
534
00:27:23,986 --> 00:27:25,806
into Mr. Mudgett, he has an argument.
535
00:27:25,806 --> 00:27:26,644
Your Honor!
536
00:27:26,740 --> 00:27:28,704
The defendant's motion to dismiss is denied.
537
00:27:28,814 --> 00:27:32,000
However, I will instruct the jury
that they may consider the possibility...
538
00:27:32,096 --> 00:27:35,737
... that the operator's testimony was
induced by a promise not to prosecute.
539
00:27:36,636 --> 00:27:37,259
Thank you.
540
00:27:41,454 --> 00:27:43,298
Are you and Mr. Soin friendly?
541
00:27:43,514 --> 00:27:44,568
We work together.
542
00:27:45,502 --> 00:27:46,652
We get along, sure.
543
00:27:47,202 --> 00:27:48,568
Have you ever been to his apartment?
544
00:27:49,214 --> 00:27:49,885
Once.
545
00:27:51,335 --> 00:27:52,533
Did you go there from the bank?
546
00:27:53,060 --> 00:27:53,491
Yeah.
547
00:27:53,803 --> 00:27:55,503
How long did it take you to get there?
548
00:27:55,886 --> 00:27:56,821
Ten minutes, maybe.
549
00:27:59,937 --> 00:28:00,703
Ten minutes?
550
00:28:01,230 --> 00:28:02,284
You're sure of that?
551
00:28:02,452 --> 00:28:02,811
Yeah.
552
00:28:06,430 --> 00:28:07,676
No further questions.
553
00:28:10,502 --> 00:28:12,394
How did the police know to come to the bank?
554
00:28:12,538 --> 00:28:14,622
Objection. Calls for speculation.
555
00:28:14,646 --> 00:28:15,700
Sustained.
556
00:28:16,083 --> 00:28:17,353
Did someone hit a panic button?
557
00:28:17,476 --> 00:28:18,099
Yes.
558
00:28:18,554 --> 00:28:19,656
How many buttons do we have?
559
00:28:19,919 --> 00:28:20,470
Three.
560
00:28:20,638 --> 00:28:21,356
Where are they?
561
00:28:22,075 --> 00:28:23,632
Nora Phelps has one at her counter,
562
00:28:24,350 --> 00:28:25,284
but she was out sick.
563
00:28:25,883 --> 00:28:26,817
Who has the second button?
564
00:28:27,176 --> 00:28:27,751
I do.
565
00:28:27,802 --> 00:28:28,616
Did you trigger it?
566
00:28:28,856 --> 00:28:29,790
No, I didn't.
567
00:28:30,101 --> 00:28:31,059
Where's the third button?
568
00:28:31,922 --> 00:28:33,263
At your desk, Andrew.
569
00:28:35,155 --> 00:28:37,431
I'd like to cue up the bank videotape.
570
00:28:44,164 --> 00:28:45,313
This is the bank lobby.
571
00:28:45,949 --> 00:28:49,087
That's me, standing at my desk
before the shooting started?
572
00:28:49,566 --> 00:28:49,997
Yeah.
573
00:28:50,333 --> 00:28:51,698
So who hit the panic button?
574
00:28:52,033 --> 00:28:52,584
You did.
575
00:28:52,683 --> 00:28:53,881
Objection!
576
00:28:54,049 --> 00:28:54,911
Sustained.
577
00:29:02,110 --> 00:29:06,110
- Damn it, did you see the jury?
- They're buying what he's selling.
578
00:29:06,171 --> 00:29:08,255
- So we'll re-direct.
- No, it's too late.
579
00:29:08,279 --> 00:29:10,722
We dropped the ball.
The jury's not listening to the facts.
580
00:29:10,759 --> 00:29:12,292
They're listening to the guy who's avoiding them.
581
00:29:12,316 --> 00:29:15,070
And right now, he's a hell of a lot
more compelling than we are.
582
00:29:15,190 --> 00:29:16,053
Is it safe?
583
00:29:16,771 --> 00:29:18,759
It depends.
You got something to cheer me up?
584
00:29:18,977 --> 00:29:22,139
Your victim doesn't have a bank account
at Midtown Savings in her name.
585
00:29:22,378 --> 00:29:23,480
Well, that can't be right.
586
00:29:23,504 --> 00:29:25,947
Dana Burge cashed her paycheck
there every other Friday.
587
00:29:25,984 --> 00:29:28,236
Dana Burge didn't.
Dana Landin did.
588
00:29:28,356 --> 00:29:29,458
I ran the Social.
589
00:29:29,601 --> 00:29:31,278
She uses her maiden name still.
590
00:29:32,188 --> 00:29:33,386
How did I miss that?
591
00:29:33,988 --> 00:29:34,802
Miss what?
592
00:29:35,521 --> 00:29:39,377
Dana Landin is the bartender who served
Joey Soin the night of his accident.
593
00:29:41,413 --> 00:29:42,898
The shooting wasn't random?
594
00:29:42,946 --> 00:29:44,527
Soin knew the victim?
595
00:29:45,344 --> 00:29:46,781
It was vengeance.
596
00:29:48,122 --> 00:29:49,943
The jury's gonna listen to that.
597
00:29:53,692 --> 00:29:56,207
Where was your son
on the night of his accident?
598
00:29:56,302 --> 00:29:59,302
In the city, celebrating his 18th birthday.
599
00:29:59,633 --> 00:30:00,129
Where?
600
00:30:00,814 --> 00:30:01,712
At a bar.
601
00:30:01,759 --> 00:30:05,775
- Why is this even relevant?
- Mr. Soin, sit down!
602
00:30:07,441 --> 00:30:09,071
Did he ever come home that night?
603
00:30:10,995 --> 00:30:12,129
You know he didn't.
604
00:30:12,507 --> 00:30:17,303
You and your ex-husband, the defendant,
filed a civil suit against the bar...
605
00:30:17,468 --> 00:30:18,555
... and lost,
606
00:30:19,003 --> 00:30:19,641
didn't you?
607
00:30:20,129 --> 00:30:20,602
Yes.
608
00:30:20,838 --> 00:30:24,830
Did Mr. Soin say that he blamed
the bar for your son's accident?
609
00:30:25,610 --> 00:30:28,137
They served a child
a half a bottle of tequila.
610
00:30:28,728 --> 00:30:30,405
Can't you see she's upsetting her?
611
00:30:31,044 --> 00:30:32,083
Let's move it along.
612
00:30:32,579 --> 00:30:36,430
Did Mr. Soin know the victim, Dana Landin Burge?
613
00:30:36,571 --> 00:30:38,414
- Objection.
- Overruled.
614
00:30:39,016 --> 00:30:44,804
Dana Burge was the bartender who served your son
on the night of the accident, wasn't she?
615
00:30:44,875 --> 00:30:46,056
You don't have to answer that.
616
00:30:46,908 --> 00:30:47,664
Mrs. Webber.
617
00:30:48,633 --> 00:30:49,271
Yes.
618
00:30:50,617 --> 00:30:51,633
Yes, she was.
619
00:30:56,072 --> 00:30:57,041
Thank you.
620
00:30:57,584 --> 00:30:58,765
No further questions.
621
00:31:03,466 --> 00:31:05,804
When did our marriage end?
622
00:31:07,060 --> 00:31:09,989
When we realized our son
was never coming home...
623
00:31:10,674 --> 00:31:11,950
This isn't helping.
624
00:31:14,029 --> 00:31:15,186
After the accident...
625
00:31:16,416 --> 00:31:18,778
I started taking medication, didn't I?
626
00:31:19,628 --> 00:31:20,195
Yes.
627
00:31:20,988 --> 00:31:22,759
It was for depression, wasn't it?
628
00:31:22,807 --> 00:31:23,562
Objection.
629
00:31:24,177 --> 00:31:25,948
- Foundation.
- Sustained.
630
00:31:26,846 --> 00:31:28,027
We'd just lost our son.
631
00:31:29,704 --> 00:31:31,358
I told you I was depressed, didn't I?
632
00:31:31,501 --> 00:31:32,587
Objection.
633
00:31:32,894 --> 00:31:34,619
- Hearsay.
- Sustained.
634
00:31:34,831 --> 00:31:37,052
Your Honor, may we approach?
635
00:31:44,790 --> 00:31:48,924
Your Honor, if Mr. Soin wants to testify,
I suggest he do it from the stand.
636
00:31:49,113 --> 00:31:50,884
Do you have anything further for this witness?
637
00:31:51,050 --> 00:31:51,499
No.
638
00:31:52,953 --> 00:31:54,748
- Thank you, Your Honor.
- You may step back.
639
00:31:56,000 --> 00:31:57,583
Mrs. Webber, you may be excused.
640
00:31:59,980 --> 00:32:01,965
The prosecution rests.
641
00:32:02,130 --> 00:32:03,122
Mr. Soin.
642
00:32:03,382 --> 00:32:07,067
Then I'd like to call myself,
Andrew Soin, to the witness stand.
643
00:32:11,321 --> 00:32:15,856
Mr. Soin, can you tell us
what happened on August 7, 1982?
644
00:32:16,637 --> 00:32:18,243
My son Joey was born.
645
00:32:18,338 --> 00:32:21,598
Mr. Soin, I think a simple narrative
will work just fine.
646
00:32:21,810 --> 00:32:22,826
Oh, okay.
647
00:32:23,535 --> 00:32:24,598
He was an only child.
648
00:32:25,614 --> 00:32:26,818
We really wanted a boy.
649
00:32:27,882 --> 00:32:28,756
When we got one...
650
00:32:29,182 --> 00:32:31,709
- Being a father, it changed everything.
- Objection.
651
00:32:31,851 --> 00:32:33,930
- Relevance?
- You know, it goes to my state of mind.
652
00:32:34,544 --> 00:32:35,323
I'll allow it.
653
00:32:36,021 --> 00:32:37,226
On the day of the accident,
654
00:32:37,675 --> 00:32:39,848
Joey was at football practice.
655
00:32:39,990 --> 00:32:41,454
Starting fullback.
656
00:32:42,211 --> 00:32:43,676
Afterwards, I took him out...
657
00:32:43,889 --> 00:32:47,668
... and I bought him a wake board...
658
00:32:48,802 --> 00:32:50,999
- ... for his birthday to use...
- Your Honor,
659
00:32:51,862 --> 00:32:55,925
Mr. Soin is facing a murder charge,
not stumping for father of the year.
660
00:32:55,984 --> 00:32:59,079
Mr. Soin, you have to limit yourself
to the facts of this case.
661
00:33:00,556 --> 00:33:02,658
Joey is this case.
662
00:33:02,729 --> 00:33:05,186
- Mr. Soin.
- You wanna know what he did today?
663
00:33:05,955 --> 00:33:09,711
He had his catheter changed
and got dialysis, which he gets twice a week.
664
00:33:09,770 --> 00:33:12,345
Mr. Soin. If you don't stop,
I'll have to hold you in contempt.
665
00:33:12,416 --> 00:33:13,880
And do what? Throw me in jail?
666
00:33:13,893 --> 00:33:15,972
What can you take from me that
hasn't already been taken?
667
00:33:16,019 --> 00:33:16,515
Guard.
668
00:33:16,633 --> 00:33:18,688
Please, look at this.
This is my son.
669
00:33:18,747 --> 00:33:19,550
This is who he was.
670
00:33:19,621 --> 00:33:21,274
Your Honor. Objection.
671
00:33:21,347 --> 00:33:23,992
Mr. Soin! This is Joey now.
672
00:33:24,052 --> 00:33:26,721
- Objection!
- That's my son, all right?
673
00:33:26,768 --> 00:33:28,115
For God's sake.
674
00:33:28,658 --> 00:33:29,626
All right, all right!
675
00:33:37,985 --> 00:33:38,859
You going somewhere?
676
00:33:39,355 --> 00:33:41,126
Exorcizing my demons.
677
00:33:41,759 --> 00:33:44,215
There's a good chance
the jury won't see through Soin's act.
678
00:33:44,310 --> 00:33:46,507
If you plan on making a go of the bench,
679
00:33:47,157 --> 00:33:49,260
may I suggest looking for the silver lining?
680
00:33:49,472 --> 00:33:51,315
Justice is about to take a detour.
681
00:33:51,374 --> 00:33:52,484
Where's the silver in that?
682
00:33:52,555 --> 00:33:56,689
The appellate courts don't review
not-guiltys, so you won't get spanked.
683
00:33:56,843 --> 00:33:57,836
For what?
684
00:33:57,954 --> 00:34:00,528
Ah, no, no, no.
Don't make me the bad guy.
685
00:34:00,812 --> 00:34:01,875
Why break a habit?
686
00:34:02,691 --> 00:34:04,982
Seriously, Your Honor, what would
you have done differently?
687
00:34:05,077 --> 00:34:05,785
Well...
688
00:34:06,364 --> 00:34:08,726
I would have forced the issue
of stand-by counsel.
689
00:34:09,270 --> 00:34:10,994
Found someone who could control Soin.
690
00:34:11,550 --> 00:34:12,661
I followed the letter of the law.
691
00:34:12,708 --> 00:34:14,857
I'm not talking procedure,
we're talking practicality.
692
00:34:14,976 --> 00:34:16,676
Not to mention self-interest.
693
00:34:17,881 --> 00:34:19,109
You can't deny it's an issue.
694
00:34:19,158 --> 00:34:20,221
Of course, I'm denying it.
695
00:34:20,221 --> 00:34:22,772
And I would not have
let the case get bogged down...
696
00:34:22,843 --> 00:34:25,040
... with the investigation of the operator.
697
00:34:26,257 --> 00:34:28,501
- That was a necessity, I...
- That was a distraction.
698
00:34:28,986 --> 00:34:31,702
Please, you're catering to an amateur.
699
00:34:37,206 --> 00:34:38,246
How are we feeling?
700
00:34:38,578 --> 00:34:40,492
- Cooperative, I hope.
- Yes, Your Honor.
701
00:34:41,909 --> 00:34:42,641
Ms. Kibre?
702
00:34:44,531 --> 00:34:45,382
Mr. Soin,
703
00:34:46,988 --> 00:34:49,067
you called the police switchboard for help.
704
00:34:50,910 --> 00:34:53,627
- Why not 911?
- I asked for help.
705
00:34:54,938 --> 00:34:56,402
Don't know why it matters who I called.
706
00:34:56,473 --> 00:35:01,080
Well, you didn't call 911 because you knew
that they could find you and stop you,
707
00:35:01,552 --> 00:35:03,229
and you didn't want to be stopped, did you?
708
00:35:03,468 --> 00:35:04,105
Of course I did.
709
00:35:04,365 --> 00:35:07,767
Well, then why didn't you go to
the precinct and turn yourself in?
710
00:35:08,594 --> 00:35:10,460
You didn't do that, did you?
711
00:35:11,227 --> 00:35:12,338
You went to the bank.
712
00:35:12,857 --> 00:35:15,739
And the first thing I did
was press the panic button.
713
00:35:15,881 --> 00:35:19,684
Only after you saw
Dana Burge enter the bank.
714
00:35:20,159 --> 00:35:20,702
Yeah,
715
00:35:21,718 --> 00:35:23,230
she came in every other Friday.
716
00:35:23,584 --> 00:35:26,513
And every time she came in,
it all came back.
717
00:35:26,549 --> 00:35:30,659
The call from the police about Joey's accident.
The drive to the hospital.
718
00:35:30,753 --> 00:35:32,242
It's why I called for help.
719
00:35:32,927 --> 00:35:34,037
I couldn't take it anymore.
720
00:35:34,463 --> 00:35:37,487
So you alerted the police to a crime...
721
00:35:37,747 --> 00:35:40,392
... that you knew would be over
by the time they arrived.
722
00:35:40,416 --> 00:35:42,424
It's not my fault that they took so long.
723
00:35:42,460 --> 00:35:45,956
Oh, right, the police dropped the ball
once before, didn't they?
724
00:35:46,027 --> 00:35:47,279
Objection. Relevance.
725
00:35:47,421 --> 00:35:48,696
Goes to credibility.
726
00:35:48,815 --> 00:35:49,901
I'll allow it.
727
00:35:52,359 --> 00:35:53,257
I was mugged.
728
00:35:53,635 --> 00:35:54,509
They were useless.
729
00:35:55,005 --> 00:35:57,013
Which precinct did you report that to?
730
00:35:58,301 --> 00:36:00,333
Who was the officer who took your statement?
731
00:36:00,393 --> 00:36:01,692
I don't remember his name.
732
00:36:01,739 --> 00:36:03,799
You don't remember his name
because you didn't report it.
733
00:36:03,837 --> 00:36:06,539
Because the mugging
never happened, did it?
734
00:36:08,286 --> 00:36:09,538
I filed the report.
735
00:36:10,102 --> 00:36:12,205
If the police lost it, it is their fault.
736
00:36:12,323 --> 00:36:14,945
Well, nothing's ever your fault.
737
00:36:15,134 --> 00:36:16,646
She can't say that, can she?
738
00:36:16,740 --> 00:36:17,874
No, she can't.
739
00:36:18,052 --> 00:36:20,982
The jury is instructed to disregard
Ms. Kibre's remark.
740
00:36:24,159 --> 00:36:27,442
You called the switchboard
for help, and they hung up?
741
00:36:27,584 --> 00:36:28,104
Yes.
742
00:36:28,447 --> 00:36:32,416
And you waited in your apartment
one hour for someone to come?
743
00:36:32,439 --> 00:36:32,935
That's right.
744
00:36:33,857 --> 00:36:34,400
Okay.
745
00:36:34,968 --> 00:36:36,976
If you called the switchboard...
746
00:36:37,921 --> 00:36:41,488
... at 12:36 and waited one hour,
747
00:36:42,823 --> 00:36:45,705
how'd you get to the bank by 12:58?
748
00:36:47,524 --> 00:36:50,382
- Objection.
- What is the basis of your objection?
749
00:36:50,714 --> 00:36:53,998
No, uh, the time on the
videotape must be wrong.
750
00:36:54,187 --> 00:36:55,108
Overruled.
751
00:36:55,557 --> 00:36:56,785
Mr. Soin,
752
00:36:57,034 --> 00:37:01,593
the operator transferred you to 911
and you hung up, didn't you?
753
00:37:03,082 --> 00:37:04,263
That's not how it happened.
754
00:37:04,511 --> 00:37:07,936
You walked into the bank,
you pressed the panic button,
755
00:37:08,030 --> 00:37:09,519
and started shooting.
756
00:37:09,602 --> 00:37:12,697
Knowing that the police wouldn't
be able to get there in time.
757
00:37:12,780 --> 00:37:16,819
You faked a mugging to justify
getting a gun permit.
758
00:37:16,961 --> 00:37:17,740
No.
759
00:37:18,226 --> 00:37:22,737
Isn't it true that you blamed Dana Burge
for your son's accident?
760
00:37:22,798 --> 00:37:28,018
And now you're blaming everybody else
for the murder you committed?
761
00:37:35,567 --> 00:37:39,678
She took my son away from me
and she went back to her normal life.
762
00:37:39,725 --> 00:37:40,764
No more questions.
763
00:37:42,961 --> 00:37:46,245
I'm sorry. He'll never know
a normal life again.
764
00:37:47,343 --> 00:37:48,902
You're dismissed, Mr. Soin.
765
00:37:52,009 --> 00:37:52,977
He was my son.
766
00:37:56,851 --> 00:37:58,481
He was my responsibility.
767
00:38:16,991 --> 00:38:20,014
Let the record reflect all parties have had
the opportunity to read the note...
768
00:38:20,038 --> 00:38:22,637
... I received from the jury
foreman Sharaud Williams.
769
00:38:23,585 --> 00:38:26,112
Mr. Williams, this meeting
is highly unorthodox.
770
00:38:26,278 --> 00:38:28,404
It could compromise
the sanctity of the jury room.
771
00:38:28,475 --> 00:38:29,750
Not to mention the verdict.
772
00:38:30,199 --> 00:38:31,498
I'm just asking you to hear me out.
773
00:38:31,688 --> 00:38:33,862
If it has to do with deliberations, I can't.
774
00:38:33,932 --> 00:38:34,759
Then we've got a problem,
775
00:38:34,783 --> 00:38:37,594
because the group's having a hard time
limiting ourselves to the facts.
776
00:38:37,712 --> 00:38:41,114
As I instructed the jury before,
that's the only thing to consider.
777
00:38:41,376 --> 00:38:42,628
Stick to the evidence.
778
00:38:42,675 --> 00:38:45,698
Don't be swayed by your emotions
for one side or the other.
779
00:38:47,848 --> 00:38:50,777
With all due respect, what you're asking for
is just not gonna happen.
780
00:38:51,167 --> 00:38:53,529
- He's got no lawyer.
-That was his choice.
781
00:38:53,600 --> 00:38:55,443
And not an issue for you to consider.
782
00:38:55,537 --> 00:38:56,671
He called for help.
783
00:38:56,967 --> 00:39:00,062
- His son is...
- I can't talk about deliberations.
784
00:39:01,551 --> 00:39:03,299
Look, everybody has an obligation here.
785
00:39:03,512 --> 00:39:05,874
Ms. Kibre had to prove her case
beyond a reasonable doubt.
786
00:39:05,968 --> 00:39:07,598
Mr. Soin had to defend himself.
787
00:39:07,693 --> 00:39:09,228
And I had to keep it all in line.
788
00:39:09,323 --> 00:39:13,008
But now you have an obligation
to decide where justice is in this case.
789
00:39:13,316 --> 00:39:14,568
No one else can do that.
790
00:39:15,088 --> 00:39:16,103
That's all you can give me.
791
00:39:16,977 --> 00:39:18,159
I think that's enough.
792
00:39:30,987 --> 00:39:32,358
I wasn't sure you'd come.
793
00:39:32,936 --> 00:39:33,928
You called.
794
00:39:35,440 --> 00:39:36,645
I was curious.
795
00:39:37,461 --> 00:39:39,185
The jury's taking an awfully long time.
796
00:39:39,587 --> 00:39:40,886
It could mean many things.
797
00:39:42,091 --> 00:39:43,272
Like it's going my way.
798
00:39:45,021 --> 00:39:45,895
You're half right.
799
00:39:48,281 --> 00:39:49,108
Man two.
800
00:39:51,814 --> 00:39:54,152
Five to seven years for killing Dana Burge.
801
00:39:54,577 --> 00:39:56,467
Not to mention the other two people you shot.
802
00:39:58,204 --> 00:39:59,645
It's not gonna happen.
803
00:40:00,000 --> 00:40:00,921
You won't look bad.
804
00:40:01,216 --> 00:40:03,791
Guy on the street doesn't know the difference
between murder two and man two.
805
00:40:04,500 --> 00:40:05,090
I do.
806
00:40:05,894 --> 00:40:06,980
Okay.
807
00:40:08,989 --> 00:40:10,784
But if you walk out of here without a deal...
808
00:40:11,092 --> 00:40:12,816
... and that jury comes back in my favor,
809
00:40:13,005 --> 00:40:14,351
you only got yourself to blame.
810
00:40:18,648 --> 00:40:19,924
I'm sensing a theme.
811
00:40:46,063 --> 00:40:47,244
Please be seated.
812
00:40:53,555 --> 00:40:55,823
Mr. Soin, would you please
stand and face the jury?
813
00:41:00,689 --> 00:41:02,177
Has the jury reached a verdict?
814
00:41:04,698 --> 00:41:05,784
We have, Your Honor.
815
00:41:09,424 --> 00:41:12,117
On the charge of murder in the second degree,
how do you find?
816
00:41:14,408 --> 00:41:15,590
We find the defendant...
817
00:41:15,920 --> 00:41:16,652
... guilty.
818
00:41:20,647 --> 00:41:23,411
On the charge of assault in the first degree,
how do you find?
819
00:41:24,143 --> 00:41:25,300
We find the defendant...
820
00:41:25,773 --> 00:41:26,411
... guilty.
821
00:41:32,364 --> 00:41:33,002
Thank you.
822
00:41:48,978 --> 00:41:49,994
Uh, excuse me.
823
00:41:50,112 --> 00:41:52,143
Can you give this to Mr. Soin for me, please?
824
00:41:56,602 --> 00:41:59,106
IT WASN'T ALL YOUR FAULT
825
00:42:06,401 --> 00:42:07,984
Soin got his revenge.
826
00:42:08,338 --> 00:42:09,708
And a guilty verdict.
827
00:42:10,565 --> 00:42:12,856
Neither of which will bring back his son.
828
00:42:14,108 --> 00:42:16,258
Tragedy begets tragedy.
829
00:42:16,825 --> 00:42:18,455
You won't find this one in Euripides.
830
00:42:18,502 --> 00:42:20,722
He filed for bankruptcy
a week before the shootings.
831
00:42:21,203 --> 00:42:23,494
No wonder he pushed so hard for man two.
832
00:42:25,065 --> 00:42:28,041
He'd have got five to seven
and walked with a clean slate.
833
00:42:28,343 --> 00:42:30,280
Now he's looking at 25 to life.
834
00:42:31,319 --> 00:42:33,445
For that, I'll gladly take the blame.
835
00:42:34,305 --> 00:43:34,869
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