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1
00:00:09,850 --> 00:00:11,583
Power lines?
2
00:00:12,883 --> 00:00:16,550
We said 5000 for discovery,and you're up to 9300.
3
00:00:16,616 --> 00:00:21,483
We're just about done.
Last depo tomorrow morning,
pre-trial in the afternoon.
4
00:00:21,550 --> 00:00:25,750
- We're basically ready to go.
- Who's the expert on liability?
5
00:00:27,783 --> 00:00:31,916
You're basically ready to go
and you haven't got any expert
testimony to make your case?
6
00:00:31,983 --> 00:00:35,483
I'm meetin' a guy who did
the major studies.
I think he could help.
7
00:00:35,550 --> 00:00:37,683
Jimmy, why are you doin' this?
8
00:00:37,750 --> 00:00:41,116
I think it's a decent case
and--
There's no case.
9
00:00:41,183 --> 00:00:45,883
There's people with cancer
to feel sorry for,
but there's no case.
10
00:00:52,450 --> 00:00:55,750
Hi.
Ten dollars on sixteen.
Super. Thanks.
11
00:00:55,816 --> 00:00:57,883
[ Beeping, Ringing ]
12
00:01:07,250 --> 00:01:09,850
[ Inaudible ]
13
00:01:11,850 --> 00:01:15,516
[ Inaudible ]
14
00:01:16,316 --> 00:01:18,750
[ Clicks ]
15
00:01:20,116 --> 00:01:24,583
[ Gasps, Breathing Heavily ]
16
00:01:32,950 --> 00:01:35,516
[ Footsteps ]
17
00:01:50,250 --> 00:01:54,916
Oh, God!
[ Gasping ]
18
00:01:54,983 --> 00:01:57,316
[ Dialing ]
19
00:02:08,783 --> 00:02:10,316
[ Line Ringing ]
20
00:02:17,416 --> 00:02:18,883
[ Cell Door Opens, Closes ]
21
00:02:25,050 --> 00:02:29,583
[ Sirens Wailing ]
22
00:02:45,266 --> 00:02:48,599
[ Sirens ]
[ Woman On Police Radio ]
Robbery in progress.
23
00:02:50,633 --> 00:02:54,966
[ Police Radio, Indistinct ]
[ Helicopter Blades Whirring ]
24
00:03:01,066 --> 00:03:03,133
[ Chattering ]
[ Siren ]
25
00:03:03,199 --> 00:03:07,799
- Would you recognize
him if you saw him again?
- Excuse me. Excuse me.
26
00:03:07,866 --> 00:03:10,633
Excuse me.
You said he was
20 to 25?
27
00:03:10,699 --> 00:03:14,299
Somethin' like that.
Yeah. He was a young guy.
Okay.
28
00:03:14,366 --> 00:03:18,066
- Bec? You okay?
- Yeah, thanks for coming.
29
00:03:18,133 --> 00:03:21,799
If she's okay with it,
we'd appreciate her goin'
through the book.
30
00:03:23,699 --> 00:03:26,466
You okay with it, Bec?
I mean, lookin' at
some mug shots?
31
00:03:26,533 --> 00:03:28,666
Yeah. Sure I am.
32
00:03:32,599 --> 00:03:34,966
Is she okay?
She's still a little shook.
33
00:03:35,033 --> 00:03:39,233
She was up all night lookin'
at mug shots and couldn't
make out anybody.
34
00:03:39,299 --> 00:03:41,566
What's up in there?
Jimmy's depo.
35
00:03:41,633 --> 00:03:43,899
Eleanor's in with him.
36
00:03:43,966 --> 00:03:47,866
Did any doctor tell you
the cancer came from
exposure to power lines?
37
00:03:47,933 --> 00:03:50,033
No, sir.
Did any...
38
00:03:50,099 --> 00:03:53,466
trained medical professional
say that electromagnetic
fields...
39
00:03:53,533 --> 00:03:55,899
could have been a factor?
No, sir.
40
00:03:55,966 --> 00:03:59,366
Now, in your interrogatories,
you said it was a P.T.A. meeting
that quote,
41
00:03:59,433 --> 00:04:01,533
"Gave you the idea."
Yes.
42
00:04:01,599 --> 00:04:03,733
Yeah. Could you please
describe that P.T.A. meeting?
43
00:04:03,799 --> 00:04:07,466
I was talking to Leslie Dawson
and she told me
she had melanoma.
44
00:04:07,533 --> 00:04:09,766
She was sharing her secret
because,
45
00:04:09,833 --> 00:04:12,699
well, she felt some relief
in telling people.
46
00:04:12,766 --> 00:04:17,499
When she told me,
I gave her my secret.
I had brain cancer.
47
00:04:17,566 --> 00:04:21,499
Okay. And then how did youmake the leap that it wascaused by power lines?
48
00:04:21,566 --> 00:04:23,999
Object to the form.
You can answer.
49
00:04:24,066 --> 00:04:29,099
Well, I had read before that
power lines, it was thought...
50
00:04:29,166 --> 00:04:31,133
they could be radioactive.
51
00:04:31,199 --> 00:04:36,633
And a power line field
practically ran right
through our neighborhood.
52
00:04:36,699 --> 00:04:39,033
So I thought,
"Who knows?"
53
00:04:39,099 --> 00:04:41,133
I decided,
54
00:04:41,199 --> 00:04:43,966
hell, I'll just walk
around the neighborhood
and ask people.
55
00:04:44,033 --> 00:04:47,233
I started with my
next-door neighbor Jerry.
56
00:04:47,299 --> 00:04:50,799
Jerry answered the door and
said, "Hey, Kevin, what's up?"
57
00:04:50,866 --> 00:04:53,966
I said, "I have brain cancer,
what's new with you?"
58
00:04:55,733 --> 00:04:57,633
He, uh,
59
00:04:57,699 --> 00:05:00,466
had a tumor in his head
that was inoperable.
60
00:05:00,533 --> 00:05:04,533
He didn't want to tell anybody.
And when he did,
he just broke down.
61
00:05:06,799 --> 00:05:09,299
Okay, and then what happened?
62
00:05:09,366 --> 00:05:12,666
I remember thinking,
"Oh my God. There's cancer all
through this neighborhood."
63
00:05:12,733 --> 00:05:15,933
All I wanted to do was rush
home and get my wife
and kids tested.
64
00:05:15,999 --> 00:05:18,733
I didn't care about his tumor.
I didn't have time.
65
00:05:18,799 --> 00:05:21,799
All I could think of
was my family.
66
00:05:21,866 --> 00:05:24,499
We all went into the hospital
that day, and, uh,
67
00:05:24,566 --> 00:05:26,633
did all the tests.
68
00:05:26,699 --> 00:05:29,733
And the results of those
tests were negative?
69
00:05:29,799 --> 00:05:32,733
Oh, yeah. They were negative.
70
00:05:32,799 --> 00:05:36,799
My seven-year-old
boy had leukemia.
71
00:05:41,033 --> 00:05:43,766
Um--
72
00:05:43,833 --> 00:05:47,033
Uh--
73
00:05:47,099 --> 00:05:50,033
I'm sorry.
74
00:05:50,099 --> 00:05:53,333
Is there--
Is there any reference
to this in the pleadings?
75
00:05:53,399 --> 00:05:56,699
- No.
- Could you tell me why not?
76
00:05:58,766 --> 00:06:01,699
'Cause when I sat down
to tell him that...
77
00:06:01,766 --> 00:06:05,099
he was really sick,
he knew he was dying.
78
00:06:09,766 --> 00:06:14,066
He said, "Daddy, please
don't tell anybody."
79
00:06:26,699 --> 00:06:29,133
[ Phone Ringing ]
You--
80
00:06:29,199 --> 00:06:31,866
You caught him?
We think.
81
00:06:31,933 --> 00:06:34,333
You up to a line-up?
82
00:06:34,399 --> 00:06:36,766
You-- Now?
83
00:06:36,833 --> 00:06:40,733
- Well, I suppose we could wait.
- Now is good.
84
00:06:40,799 --> 00:06:45,766
- You sure?
- Yeah. Let's go.
85
00:06:45,833 --> 00:06:47,866
Okay.
86
00:06:47,933 --> 00:06:52,033
[ Man ]
Go all the way to the left,
stand at the marks facing right.
87
00:06:55,133 --> 00:06:59,799
- [ Loud Bang ]
- Number one, turn and face
forward, please.
88
00:07:04,333 --> 00:07:06,566
Number two, face forward.
89
00:07:22,933 --> 00:07:26,066
That-- That's him.
Take your time.
Are you sure?
90
00:07:26,133 --> 00:07:28,933
That's him. Am I done?
Done.
91
00:07:32,666 --> 00:07:35,166
I understand, Your Honor,
but on some occasions...
92
00:07:35,233 --> 00:07:38,399
judges have taken judicial
notice of scientific studies.
93
00:07:38,466 --> 00:07:40,733
Yes, well this wouldn'tbe such an occasion.
94
00:07:40,799 --> 00:07:42,999
Unless he can cross-examine
the proponents of the study.
95
00:07:43,066 --> 00:07:46,199
They live in Sweden.
We have no way
of getting them here.
96
00:07:46,266 --> 00:07:48,266
But that's your problem,not his.
97
00:07:48,333 --> 00:07:50,133
I can't let you put in
scientific evidence...
98
00:07:50,199 --> 00:07:52,733
without giving
the defense opportunity
to take their whacks.
99
00:07:52,799 --> 00:07:55,599
The Swedish study is excluded.
What else we got?
100
00:07:55,666 --> 00:07:59,499
The witness list, Your Honor,
has not been completed
pursuant to your order.
101
00:07:59,566 --> 00:08:01,633
It's completed except
for maybe one witness.
102
00:08:01,699 --> 00:08:04,033
There's possibly, maybe,
one more we could add.
103
00:08:04,099 --> 00:08:06,333
Other than that, it's--
Are you serious?
104
00:08:06,399 --> 00:08:09,266
The reason for witness lists
is so the other side
knows what's coming.
105
00:08:09,333 --> 00:08:11,466
I understand, Judge,
but so far--
106
00:08:11,533 --> 00:08:15,299
I'll give you till 10:00 a.m.
tomorrow. After that the list
is frozen, no additions.
107
00:08:15,366 --> 00:08:17,799
- Anything else?
- Yes, Your Honor.
I'd like to suggest...
108
00:08:17,866 --> 00:08:21,533
that we bifurcate the trial
into two phases--
Liability and damages.
109
00:08:21,599 --> 00:08:23,399
This would save us
a couple of weeks,
maybe a month.
110
00:08:23,466 --> 00:08:26,333
- I'm inclined to agree.
- Your Honor, we strenuously
object to that.
111
00:08:26,399 --> 00:08:29,033
- It would completely compromise
our case.
- I think what counsel fears...
112
00:08:29,099 --> 00:08:31,466
is that it would make clear
they have no case.
113
00:08:31,533 --> 00:08:33,366
May I confer with
my co-counsel for a second?
114
00:08:33,433 --> 00:08:35,933
Make it quick.
115
00:08:39,199 --> 00:08:42,133
[ Whispering ] If the trial gets
split, we're dead. The clients
won't get to testify.
116
00:08:42,199 --> 00:08:44,366
Why?
Because their stories go to
damages, not to liability.
117
00:08:44,433 --> 00:08:47,533
And he doesn't want the jury
to hear what we just heard
in the deposition,
118
00:08:47,599 --> 00:08:49,599
so he's trying
to cut them off.
I'm not followin'.
119
00:08:49,666 --> 00:08:51,733
Jimmy, think.
If we lose on liability,
120
00:08:51,799 --> 00:08:53,899
then the case is over,
we don't even proceed
to damages.
121
00:08:53,966 --> 00:08:55,966
And we don't really have
a case on liability.
122
00:08:56,033 --> 00:09:00,399
Your Honor, we, uh, vigorously
object to splitting the trial.
123
00:09:00,466 --> 00:09:02,366
Well, of course they do,
Your Honor.
124
00:09:02,433 --> 00:09:05,333
Because they're planning
to use emotion to make up
for their lack of evidence.
125
00:09:05,399 --> 00:09:07,799
You don't know
what we're doing.
Do you?
126
00:09:07,866 --> 00:09:10,533
I have to say, Mr. Berluti,
I share Mr. West's concern.
127
00:09:10,599 --> 00:09:14,033
If you are planning to parade
a lot of sad, sick,
cancer victims before a jury...
128
00:09:14,099 --> 00:09:16,166
without evidence
of causation, I won't let you.
129
00:09:16,233 --> 00:09:19,833
Moreover, judicial economy is
something I take very seriously.
130
00:09:19,899 --> 00:09:22,033
- I'm granting the defense
counsel's request.
- Thank you, Your Honor.
131
00:09:22,099 --> 00:09:24,566
I move for an interlocutory
appeal immediately.
132
00:09:24,633 --> 00:09:27,799
I'll kick you upstairs and
you can do it this afternoon.
That should be immediate enough.
133
00:09:27,866 --> 00:09:30,533
But you're not buying any more
time on witness lists.
134
00:09:30,599 --> 00:09:32,866
That's frozen.
Adjourned.
135
00:09:32,933 --> 00:09:36,533
[ Gavel Raps ]
136
00:09:44,199 --> 00:09:46,399
Jimmy.
Get away from me.
137
00:09:46,466 --> 00:09:50,099
Jimmy!
Eleanor, get out of my face for
a minute. I just need a second.
138
00:09:50,166 --> 00:09:52,399
Which you're not gonna get.
139
00:09:54,033 --> 00:09:59,066
- [ Grunts ]
- All right, Jimmy, it is time
to shut up and listen.
140
00:09:59,133 --> 00:10:02,299
I don't care if this hurts your
feelings, but that was some
terrible lawyering in there.
141
00:10:02,366 --> 00:10:05,366
First, even trying
to get the Swedish
study admitted is stupid.
142
00:10:05,433 --> 00:10:08,099
Of course the judge can't
allow it if the defense
can't cross-examine.
143
00:10:08,166 --> 00:10:11,366
And even by asking you
undermined your credibility,
144
00:10:11,433 --> 00:10:13,766
not to mention
you make the case seem
that much more desperate.
145
00:10:13,833 --> 00:10:16,999
And, second, where the hell
were our clients?
146
00:10:17,066 --> 00:10:19,699
They didn't need to be here,
not for a pre-trial conference.
147
00:10:19,766 --> 00:10:22,333
Oh, you think it
would have been easy for
the judge to slap us...
148
00:10:22,399 --> 00:10:24,599
if he had to see their eyes
staring back at him?
149
00:10:24,666 --> 00:10:26,866
Judges are human too,
and without our people
in the room...
150
00:10:26,933 --> 00:10:29,399
you made it a lot easier
for him to be impersonal.
151
00:10:30,833 --> 00:10:33,033
All right, this is
what we are gonna do.
152
00:10:33,099 --> 00:10:36,166
You are gonna track down
that expert witness,
and I'm gonna go find Lindsay.
153
00:10:36,233 --> 00:10:39,999
- Lindsay? Why?
- Because if we're gonna have
any chance at appeals,
154
00:10:40,066 --> 00:10:43,033
we need our presentation
to come from somebody
who's got a good reputation.
155
00:10:43,099 --> 00:10:45,033
She's got one. You don't.
Come on, let's move.
156
00:10:45,099 --> 00:10:47,099
You'll have time to feel sorry
for yourself later.
157
00:10:50,633 --> 00:10:52,933
Yeah, yeah.
We need the motion
scheduled for a Friday...
158
00:10:52,999 --> 00:10:55,466
'cause I know the Judge
likes to go to the Cape
on Fridays.
159
00:10:55,533 --> 00:10:59,166
Yes, in the winter,
and he grants everything
ex parte on Friday's.
160
00:10:59,233 --> 00:11:02,299
Trust me.
Schedule it for a Friday
and we're home free.
161
00:11:02,366 --> 00:11:04,366
Thank you.
Ms. Washington?
162
00:11:04,433 --> 00:11:06,933
Yes?
Miguel Moreno.
Nice to meet you.
163
00:11:06,999 --> 00:11:10,266
I'm here about my brother Luis,
he's in some legal trouble.
164
00:11:10,333 --> 00:11:12,766
What kind of trouble?
165
00:11:12,833 --> 00:11:15,866
Well, you just picked him
out of a line-up just
a few hours ago.
166
00:11:15,933 --> 00:11:18,266
Now the police think
that he killed somebody.
167
00:11:18,333 --> 00:11:20,266
Well, he did kill somebody.
168
00:11:20,333 --> 00:11:24,666
Ms. Washington, I'm surethat you're mistaken.I'm sure I'm not.
169
00:11:24,733 --> 00:11:30,066
[ Scoffs ]
Forgive me for interrupting
your busy day.
170
00:11:30,133 --> 00:11:33,933
But I would do anything
to save my little brother.
Is that a threat?
171
00:11:37,533 --> 00:11:39,966
Miguel Moreno.
And you would be?
172
00:11:40,033 --> 00:11:43,633
Somebody who you don't want
to be makin' threats to.
[ Laughs ]
173
00:11:43,699 --> 00:11:47,033
Hey, I'm just asking
Ms. Washington...
174
00:11:47,099 --> 00:11:51,299
to think hard about who
she points her finger at.
175
00:11:51,366 --> 00:11:53,333
'Cause a wrong
decision could be...
176
00:11:53,399 --> 00:11:55,533
a tragedy.
177
00:11:57,633 --> 00:12:02,466
Get out of here.
You got any brothers?
178
00:12:02,533 --> 00:12:05,399
[ Whispers ]
I said, "Get out."
179
00:12:13,033 --> 00:12:14,933
Let's all be careful.
180
00:12:21,266 --> 00:12:23,433
[ Door Slams ]
181
00:12:36,616 --> 00:12:39,382
It wasn't a direct threat
word-wise,
but the spirit was there.
182
00:12:39,449 --> 00:12:42,349
Let's run probation on him,
see what we can find out.
183
00:12:42,416 --> 00:12:45,449
What were his exact words?
He loves his brother.
184
00:12:45,516 --> 00:12:48,082
And when's the probable
cause hearing?
Tomorrow.
185
00:12:48,149 --> 00:12:51,116
- Where's Lindsay?
- Bankruptcy court, all day.
186
00:12:51,182 --> 00:12:53,082
- Damn it. Can we page her?
- What's the matter?
187
00:12:53,149 --> 00:12:56,082
Jimmy fell down at the
pre-trial. The judge screwed
us by splitting the trial,
188
00:12:56,149 --> 00:12:59,882
and now we have to try the case
on liability alone first, which
we're appealing in 45 minutes.
189
00:12:59,949 --> 00:13:03,682
- Where's Jimmy now?
- Trackin' down a witness. We
decided we needed evidence.
190
00:13:03,749 --> 00:13:07,082
Listen, can you page Lindsay,
tell her we need her at the
Courthouse right now?
191
00:13:07,149 --> 00:13:09,116
Hey, are you okay?
192
00:13:09,182 --> 00:13:11,549
- I'm fine.
- Okay.
193
00:13:14,682 --> 00:13:18,549
- I'm fine.
- [ Dialing ]
194
00:13:18,616 --> 00:13:23,516
[ Chattering ]
195
00:13:33,549 --> 00:13:37,649
[ Chattering ]
196
00:13:42,616 --> 00:13:45,516
Mr. Helms.
197
00:13:47,916 --> 00:13:52,249
James Berluti.
Could I, like, talk a second?
198
00:13:52,316 --> 00:13:55,316
I thought I made it
clear on the phone.
I can't help you.
199
00:13:55,382 --> 00:13:58,349
You made it clear
you wouldn't help me.
200
00:13:58,416 --> 00:14:00,549
Could we, like, maybe
go for a beer or somethin'?
201
00:14:04,049 --> 00:14:05,982
I'm a drunk.
202
00:14:06,049 --> 00:14:08,549
Yeah.
203
00:14:08,616 --> 00:14:12,616
So you can see, I wouldn't
make a very great expert
witness, would I?
204
00:14:12,682 --> 00:14:17,049
Well, whether you would or not,
you're all I got.
205
00:14:17,116 --> 00:14:20,416
You're the one who did the
studies on those power lines
in Fairfield.
206
00:14:20,482 --> 00:14:23,416
The studies were dismissed,
as was I.
207
00:14:23,482 --> 00:14:25,882
They had to dismiss those
studies.
208
00:14:25,949 --> 00:14:29,449
Otherwise they would have been
lookin' at a thousand lawsuits,
a zillion dollars in damages.
209
00:14:29,516 --> 00:14:32,516
I wouldn't ask, but--
Mr. Berluti.
210
00:14:34,182 --> 00:14:37,816
I spent four months at McLean
after a nervous breakdown.
211
00:14:37,882 --> 00:14:41,949
By 5:30 sharp,I am drinking.
212
00:14:42,016 --> 00:14:46,449
Now why the hell would
you want to rely on me?
213
00:14:46,516 --> 00:14:48,516
'Cause I'm desperate.
214
00:14:48,582 --> 00:14:51,316
And I got twelve
clients with cancer,
more desperate than me.
215
00:14:51,382 --> 00:14:54,282
And you actually think
that I can change that?
216
00:14:54,349 --> 00:14:56,782
What's to lose?
What's to lose?
217
00:14:56,849 --> 00:14:58,816
I'll tell you.
218
00:14:58,882 --> 00:15:02,549
Even though I'm still drinkin',
I'm functional again.
I got a day job.
219
00:15:02,616 --> 00:15:05,382
I put on clean underwearevery day.
220
00:15:05,449 --> 00:15:10,449
I even got a lady who's either
crazy about me or just crazy.
221
00:15:10,516 --> 00:15:14,716
I go up on that stand,
we both know the score.
They're gonna tear me down.
222
00:15:14,782 --> 00:15:18,416
They're not gonna spareany expense.They're gonna rip me apart.
223
00:15:18,482 --> 00:15:21,049
And it's gonna
be in the papers
for everybody to see.
224
00:15:21,116 --> 00:15:24,816
My lady will read it,
my ex will read it
as she fights visitation.
225
00:15:24,882 --> 00:15:26,749
My kid will read it.
226
00:15:26,816 --> 00:15:30,349
Now, I got a pretty goodstatus quo goin' here.
227
00:15:30,416 --> 00:15:34,182
That is what
I got to lose.
228
00:15:34,249 --> 00:15:36,016
Now,
229
00:15:36,082 --> 00:15:39,682
tell me my throwin'
that away is gonna count
for somethin' in the end.
230
00:15:44,649 --> 00:15:46,782
We could send some officers
to warn the guy.
231
00:15:46,849 --> 00:15:49,616
But he hasn't said
anything we could actually
arrest him for.
232
00:15:49,682 --> 00:15:53,549
You see his rap sheet, Helen?
Look, I'd love to take this
dirtbag off the street.
233
00:15:53,616 --> 00:15:57,616
We lost him two years ago
on a homicide because
the confession was coerced.
234
00:15:57,682 --> 00:16:00,916
I mean, we knew he shot
a policeman, we just couldn't
prove it, even though--
235
00:16:00,982 --> 00:16:02,249
Exactly.
The guy's a killer.
236
00:16:02,316 --> 00:16:04,549
Now he has made a deadly threat.
237
00:16:04,616 --> 00:16:07,582
I don't care how well he's
disguised it, we gotta do
something to protect her.
238
00:16:07,649 --> 00:16:11,149
If she wants a police escort,
I could arrange it
for a few days.
239
00:16:11,216 --> 00:16:15,582
- But beyond that--
- Okay, what if Rebecca doesn't
testify at the P.C. hearing?
240
00:16:15,649 --> 00:16:20,149
Not good. They haven't found
the weapon yet, he didn't
test positive for residue.
241
00:16:20,216 --> 00:16:23,416
Because he had gloves.
Which also haven't been found.
242
00:16:23,482 --> 00:16:26,382
The whole case right now
is Rebecca.
243
00:16:26,449 --> 00:16:31,249
If she doesn't testify,
from what I hear, we may
not make probable cause.
244
00:16:34,749 --> 00:16:37,916
Where is she?
They're comin' in.
The elevator. Yeah, right.
245
00:16:37,982 --> 00:16:40,882
Judicial economy
was the main argument.
There was no transcript.
246
00:16:40,949 --> 00:16:44,116
It was all about time--
Saving time.
[ Bailiff ] All rise.
247
00:16:45,549 --> 00:16:47,549
Yes. And don't forget,
there wasn't any notice.
248
00:16:47,616 --> 00:16:49,782
He just sprang it.
249
00:16:49,849 --> 00:16:52,282
All right.
Maybe you should do it.
250
00:16:52,349 --> 00:16:55,916
Unfortunately, my reputation
isn't too much better than yours
with two of these judges.
251
00:16:55,982 --> 00:16:59,016
- We're better off with Lindsay.
I'll fill in the gaps.
- [ Bailiff ] Be seated.
252
00:16:59,082 --> 00:17:03,516
Okay. The issue,
hot off the press, it seems,
is the splitting of the trial.
253
00:17:03,582 --> 00:17:07,782
Yes. Your Honors,
we feel, as indeed did
Judge Walsh,
254
00:17:07,849 --> 00:17:10,882
that an enormous amount
of court time would
be spent on damages,
255
00:17:10,949 --> 00:17:13,049
considering there
are multiple plaintiffs.
256
00:17:13,116 --> 00:17:16,116
So, why not answer
the liability question first?
257
00:17:16,182 --> 00:17:20,316
That's a nice premise, but
it's all based on the assumption
that we lose on liability.
258
00:17:20,382 --> 00:17:23,916
If we win, you'll end up
spending more time. You'd ask
the jury to deliberate twice,
259
00:17:23,982 --> 00:17:27,416
you'd also probably
be duplicating some
of the testimony.
260
00:17:27,482 --> 00:17:29,716
That goes against judicial
economy.
261
00:17:29,782 --> 00:17:32,916
If and only if you prevail on
liability, which given the
evidence seems highly unlikely--
262
00:17:32,982 --> 00:17:35,282
The reason they want the trial
split is simple.
263
00:17:35,349 --> 00:17:37,349
We had a deposition
this morning.
264
00:17:37,416 --> 00:17:40,749
One of our plaintiffs talked
about his son having leukemia.
265
00:17:40,816 --> 00:17:42,949
It was emotional.
It was powerful.
266
00:17:43,016 --> 00:17:45,982
And when it was over, Mr. West
said to himself,
267
00:17:46,049 --> 00:17:48,916
"We cannot let that witness
ever take the stand.
268
00:17:48,982 --> 00:17:51,649
We cannot let a jury hear
what we just heard."
269
00:17:51,716 --> 00:17:54,949
So how does he
accomplish that?
By splitting the trial in two.
270
00:17:55,016 --> 00:17:56,816
And I must sayit seems to make sense.
271
00:17:56,882 --> 00:18:00,549
Liability should be decided
on fact, counsel, not emotion.
272
00:18:00,616 --> 00:18:03,082
[ Lindsay ]
And we trust a jury to
distinguish between the two.
273
00:18:03,149 --> 00:18:06,049
The whole essence of a
jury trial, Your Honor, is--
Oh, dear! Oh, dear!
274
00:18:06,116 --> 00:18:08,649
Now here comes her
Constitutional repertoire,
you see?
275
00:18:08,716 --> 00:18:12,082
Did you bring your flag today?
Since you raise it,
what about notice?
276
00:18:12,149 --> 00:18:14,382
He didn't file any motion
to split this trial.
277
00:18:14,449 --> 00:18:17,416
He suddenly raised it
as a suggestion,
and the court granted it.
278
00:18:17,482 --> 00:18:20,482
If we're really interestedin saving time, please.
279
00:18:20,549 --> 00:18:23,282
That ruling almost guarantees
us an appeal.
280
00:18:23,349 --> 00:18:26,749
Now it's you assuming
your own defeat.
281
00:18:26,816 --> 00:18:31,416
Win or lose, my clients should
get their day in court. Trial
splitting is to prevent that.
282
00:18:31,482 --> 00:18:34,582
They're trying to keep
our clients out
of the witness chair.
283
00:18:34,649 --> 00:18:38,649
But your clients will get
to testify if you satisfy
causation, counsel.
284
00:18:38,716 --> 00:18:42,282
The science part of this case
is gonna be dry and
God-awful boring.
285
00:18:42,349 --> 00:18:45,349
Stodgy excruciating expert
testimony.
286
00:18:45,416 --> 00:18:50,616
By splitting the trial into two
sections, you're giving the jury
the option of getting out early.
287
00:18:50,682 --> 00:18:56,116
All they'll have to do is
just say, "No," on liability
and they get to go home.
288
00:18:56,182 --> 00:19:00,582
My clients will not get a fair
trial by splitting this trial.
289
00:19:00,649 --> 00:19:03,849
Your clients have no case.
290
00:19:03,916 --> 00:19:07,382
All right. We've heard
the arguments. We'll let you
know end of business.
291
00:19:11,282 --> 00:19:13,016
[ Elevator bell dings ]
292
00:19:17,049 --> 00:19:19,782
Thank you.
I don't know, Jimmy.
293
00:19:19,849 --> 00:19:21,749
You were amazing.
You were.
294
00:19:21,816 --> 00:19:25,049
So, how'd it go
with the witness?
I don't know.
295
00:19:25,116 --> 00:19:26,882
Maybe I should get you
to talk to him.
296
00:19:26,949 --> 00:19:30,116
Just try to get an offer,
Jimmy. Anything.
297
00:19:30,982 --> 00:19:33,116
[ Sighs ]
298
00:19:33,182 --> 00:19:37,482
What I'm about to say is
inconsistent with everything
I've ever stood for.
299
00:19:37,549 --> 00:19:42,449
Bobby. You're the most
inconsistent person I know.
300
00:19:42,516 --> 00:19:44,949
I'm never sure exactly
what you stand for.
301
00:19:45,016 --> 00:19:48,516
Oh. Well, in that case,
let me continue to expand.
302
00:19:51,349 --> 00:19:55,049
I don't think you should
I.D. the guy at the probable
cause hearing.
303
00:19:55,116 --> 00:20:00,016
- Are you serious?
- I don't think the police can
protect you against this guy.
304
00:20:00,082 --> 00:20:02,049
He's got two aggravatedassaults,
305
00:20:02,116 --> 00:20:04,382
they know he committed
one murder, the case got tossed.
306
00:20:04,449 --> 00:20:07,149
They suspect him on two others
they can't prove.
He's a psycho.
307
00:20:07,216 --> 00:20:10,249
He might very well carrythrough on his threat.
308
00:20:10,316 --> 00:20:12,249
What--
What are you suggesting
I let this guy win?
309
00:20:12,316 --> 00:20:14,682
I-- I know it sends
a terrible message,
and there's...
310
00:20:14,749 --> 00:20:18,616
and there's ten reasonsfor you not to let him win.
311
00:20:18,682 --> 00:20:21,182
But, Bec,
312
00:20:21,249 --> 00:20:26,116
I'm sitting here looking you in
the eye and I'm tellin' you...
313
00:20:26,182 --> 00:20:29,282
your life could be
at stake.
314
00:20:37,582 --> 00:20:42,916
Listen. I'm, uh--
I'm sorry I sort
of lost it with you.
315
00:20:42,982 --> 00:20:46,849
You didn't lose it.
I lost it.
316
00:20:46,916 --> 00:20:49,549
Jimmy, you were great
at the summary judgment.
I think--
317
00:20:49,616 --> 00:20:54,282
Hey, Eleanor, do me a favor?
What you said this
morning didn't insult me.
318
00:20:54,349 --> 00:20:58,616
Don't insult me now.
I know what I am.
319
00:20:58,682 --> 00:21:01,082
I'm 37 years old,
I got...
320
00:21:01,149 --> 00:21:03,949
700 bucks to my name.
321
00:21:04,016 --> 00:21:05,949
I was hired here
as a charity project,
322
00:21:06,016 --> 00:21:10,716
and this case is a big
bone for me to chew on.
323
00:21:10,782 --> 00:21:12,816
I'm a failure.
I got it.
324
00:21:12,882 --> 00:21:16,816
Jimmy, you're stayin' up
half the night fighting
for sick people...
325
00:21:16,882 --> 00:21:19,382
who've got nobody else
to fight for them.
326
00:21:19,449 --> 00:21:22,149
You're spendin' some
of your own money too.
You think you're foolin' us?
327
00:21:31,816 --> 00:21:33,682
I've known bigger failures.
328
00:21:52,240 --> 00:21:54,474
[ Sighs ]
You're here early.
329
00:21:54,540 --> 00:21:56,807
Yeah.
A lot to do.
330
00:21:56,874 --> 00:21:59,374
Yup.
331
00:21:59,440 --> 00:22:02,940
[ Sighs ] Rebecca, I know
Bobby spoke to you.
332
00:22:03,007 --> 00:22:05,774
And I know better than to try
to convince you of anything,
333
00:22:05,840 --> 00:22:09,107
and I don't even know what
you're plannin' to do,
but for my money,
334
00:22:09,174 --> 00:22:12,140
you gotta give this
probable cause hearing
some serious thought.
335
00:22:12,207 --> 00:22:14,274
Eugene,
the guy committed murder,
and I'm the only witness.
336
00:22:14,340 --> 00:22:17,307
- I know this.
- You want me to pretend
I didn't see anything?
337
00:22:17,374 --> 00:22:20,107
The big picture, no.
Lookin' only at you--
338
00:22:26,440 --> 00:22:28,974
- Morning.
- Morning.
339
00:22:29,040 --> 00:22:31,507
Hey, Jimmy.
340
00:22:31,574 --> 00:22:33,774
Oh, um, Jimmy,
341
00:22:33,840 --> 00:22:36,307
this came for you
from the clerk's office
at appeals last night.
342
00:22:36,374 --> 00:22:40,674
- What?
- I didn't open it.
343
00:22:40,740 --> 00:22:44,840
I-- It was late, so--
Do you want me to open it?
344
00:22:54,307 --> 00:22:56,374
The power lines.
345
00:22:56,440 --> 00:23:00,607
Uh, it may just be a notice
of appearance, Jimmy, it's
not necessarily their ruling.
346
00:23:00,674 --> 00:23:05,107
It's the ruling. Whether we have
to split the trial or not,
347
00:23:05,174 --> 00:23:07,374
the answer's right here.
348
00:23:07,440 --> 00:23:10,807
Well, maybe
you should open it.
349
00:23:11,874 --> 00:23:13,974
Here.
350
00:23:37,774 --> 00:23:40,274
"The decision of the trial
court is hereby reversed.
351
00:23:40,340 --> 00:23:43,874
Liability and damage phases
shall be consolidated."
No split.
352
00:23:43,940 --> 00:23:46,574
- Ah.
- [ Sighs ]
353
00:23:47,674 --> 00:23:52,274
- Morning.
- Morning.
354
00:23:52,340 --> 00:23:54,640
[ Gasps, Laughs ]
355
00:23:54,707 --> 00:23:56,874
Basically, we'll run
through the event.
356
00:23:56,940 --> 00:24:00,040
I'll ask you about the line-up,
and I'll ask you to I.D. him
in the room.
357
00:24:00,107 --> 00:24:01,974
Got it.
You ready?
358
00:24:02,040 --> 00:24:04,907
Ready.
I know you've been threatened.
Thank you for doing this.
359
00:24:04,974 --> 00:24:08,674
- "Thanks?" Is that all?
- We could put a squad car
in front of her house.
360
00:24:08,740 --> 00:24:11,974
You know these things
usually end up being
empty threats.
361
00:24:12,040 --> 00:24:14,140
They're usually made by people
who never follow through.
362
00:24:14,207 --> 00:24:17,774
- We're not dealing
with such a person here.
- What do you want me to say?
363
00:24:17,840 --> 00:24:19,974
It's what you're not saying
that's talking the loudest.
364
00:24:23,574 --> 00:24:26,007
We'll be ready to start
in about 20 minutes.
365
00:24:28,174 --> 00:24:30,607
Rebecca.
366
00:24:30,674 --> 00:24:33,207
In organized crime,there's a certain code.
367
00:24:33,274 --> 00:24:37,307
With gangs there is no code.
They just kill to kill.
They don't even think about it.
368
00:24:37,374 --> 00:24:40,374
And this guy, his brother?
He is a psycho.
369
00:24:51,807 --> 00:24:57,440
- Who are we kiddin'?
- No. I think she heard it
that time.
370
00:25:00,707 --> 00:25:02,674
Good morning.
My name is Joel Helms,
371
00:25:02,740 --> 00:25:05,240
and I'd like to talk to
you about some exciting news...
372
00:25:05,307 --> 00:25:09,107
with respect to long-distance
telephone service.
[ Man ] Gee, now's a bad time.
373
00:25:09,174 --> 00:25:12,474
Can you give me your home
number and I'll be sure
to call you back?
374
00:25:18,874 --> 00:25:22,674
Go away.
Yesterday you asked me
to look at you.
375
00:25:22,740 --> 00:25:26,307
I did. And I thought
about you last night.
376
00:25:26,374 --> 00:25:29,840
You reminded me a little of me,
esteem-wise.
377
00:25:29,907 --> 00:25:33,674
The difference is,
I haven't given up. You have.
378
00:25:33,740 --> 00:25:36,107
Lean in a little closer.
379
00:25:38,240 --> 00:25:42,574
I got all the Tony Robbins
tapes. If he couldn't do it,
I don't like your odds.
380
00:25:42,640 --> 00:25:47,040
You did all those studies.
I'm offerin' you a chance
to make good on 'em.
381
00:25:47,107 --> 00:25:50,840
Jingle-jingle, and I suppose
you get your wings after.
382
00:25:54,807 --> 00:25:59,074
Next time you visit your kid,
Mr. Helms, you can tell him,
383
00:25:59,140 --> 00:26:02,474
"I'm tryin' to stop the
government from killing people."
384
00:26:02,540 --> 00:26:04,707
Or you could tell him,
385
00:26:04,774 --> 00:26:07,507
"I got somebody to change their
long-distance company today."
386
00:26:07,574 --> 00:26:11,107
Your choice.
387
00:26:18,907 --> 00:26:21,374
[ Prosecutor ]
And after the shots,
you did what?
388
00:26:21,440 --> 00:26:26,574
I saw the man shooting the gun,
I ran behind my car for cover.
389
00:26:26,640 --> 00:26:28,640
[ Prosecutor ]
Now, the man doing
the shooting,
390
00:26:28,707 --> 00:26:30,940
he was the same man you
saw inside the store?
391
00:26:31,007 --> 00:26:34,474
Yes.
Did you have opportunity
to see this man again?
392
00:26:34,540 --> 00:26:36,440
Yes, at the--
At the police station.
393
00:26:36,507 --> 00:26:38,574
In a line-up?
Yes.
394
00:26:38,640 --> 00:26:41,774
Did the man that you identified
in this line-up,
395
00:26:41,840 --> 00:26:46,140
was he the same man that
you saw inside the store?
396
00:26:46,207 --> 00:26:50,807
- Yes.
- The same manwho shot the attendant?
397
00:26:50,874 --> 00:26:53,940
[ Clears Throat ] Yes.
Ms. Washington,
398
00:26:54,007 --> 00:26:57,574
do you see that man
in this room today?
399
00:27:08,140 --> 00:27:10,507
Yes.
400
00:27:10,574 --> 00:27:13,574
Could you identify himfor the court?
401
00:27:17,407 --> 00:27:23,074
Ms. Washington, could you
please point at the man
if you see him in this room.
402
00:27:29,640 --> 00:27:33,574
- Him.
- You're sure?
403
00:27:33,640 --> 00:27:38,440
- I'm sure.
- Is there any possibility
in your mind...
404
00:27:38,507 --> 00:27:42,740
that the defendant sitting
here today is not the man who
shot and killed the attendant?
405
00:27:42,807 --> 00:27:46,474
No. That's the guythat did it.
406
00:27:46,540 --> 00:27:49,207
[ Prosecutor ] Thank you.That's all.
407
00:27:49,274 --> 00:27:53,707
- Counsel?
- Nothing, Judge.
408
00:27:53,774 --> 00:27:56,274
Ms. Ward?
That's it, Your Honor.
409
00:27:56,340 --> 00:28:00,607
I'm finding probable cause.
Defendant is bound over.
Next case.
410
00:28:00,674 --> 00:28:03,574
- [ Gavel Raps ]
- [ Chatter ]
411
00:28:05,507 --> 00:28:09,274
[ Chattering ]
412
00:28:09,340 --> 00:28:11,640
[ Man ] Excuse me.
413
00:28:11,707 --> 00:28:14,907
You're one of them honorable
women, I guess, huh?
414
00:28:14,974 --> 00:28:17,674
- You're standin' in our way.
- Like that Shakespeare
character, Brutus.
415
00:28:17,740 --> 00:28:20,940
"Brutus was an honorable man."
Isn't that how it went?
416
00:28:21,007 --> 00:28:24,474
- I'm not gonna ask you
to move again.
- What happened to Brutus, huh?
417
00:28:24,540 --> 00:28:27,307
Hey, hey, come on!
Eugene!
418
00:28:27,374 --> 00:28:30,274
- Come on! Eugene! Come on!
- Break it up!
419
00:28:30,340 --> 00:28:33,440
Come on! Come on!
420
00:28:33,507 --> 00:28:36,740
- I know where you live too.
- Oh, yeah! Go there first,
you hear?
421
00:28:36,807 --> 00:28:40,807
- Come on!
- Take him to my office, please.
422
00:28:40,874 --> 00:28:43,207
You can't take me into custody,
that's custodial.
423
00:28:43,274 --> 00:28:47,440
I know the law, lady,
you have to make an arrest.
You cannot just take me away.
424
00:28:50,007 --> 00:28:54,007
Arrest him, cuff him,
read him his rights,
then take him to my office.
425
00:28:54,074 --> 00:28:56,140
[ Grunts ]
426
00:28:56,207 --> 00:28:58,340
[ Officer ]
You have the right
to remain silent.
427
00:28:58,407 --> 00:29:01,740
Anything you say can
and will be used against you
in a court of law.
428
00:29:01,807 --> 00:29:05,374
Did he say yes?
No, but I'm wearin' him down.
429
00:29:05,440 --> 00:29:07,407
I put him on the witness list,
just in case.
430
00:29:07,474 --> 00:29:09,840
I see. And who is this
Tufts professor?
431
00:29:09,907 --> 00:29:12,907
Oh, some epidemiologist who
kinda supported Helms' study.
432
00:29:12,974 --> 00:29:16,040
- And he'll testify?
- Says he won't,
but I'll work on him, too.
433
00:29:16,107 --> 00:29:18,540
You can't put these guys
on the list if they're not
gonna testify.
434
00:29:18,607 --> 00:29:22,107
I don't know for that they
won't, but if I don't put
them on, I can't use them.
435
00:29:22,174 --> 00:29:25,107
- What did West want?
- I don't know,
he said he wanted to talk.
436
00:29:25,174 --> 00:29:28,107
Maybe he's gonna offer us
something.
Hey, lookin' up can help that.
437
00:29:28,174 --> 00:29:32,907
Oh, Your Honor.
Hello. My fault.
438
00:29:32,974 --> 00:29:35,774
I'm told you prevailed
at appeals.
Yeah.
439
00:29:35,840 --> 00:29:38,340
And I just filed
our witness list.
We're all set.
440
00:29:38,407 --> 00:29:41,307
Don't be trying to make
liability with tears,
Mr. Berluti.
441
00:29:41,374 --> 00:29:43,340
That's a friendly warning.
442
00:29:43,407 --> 00:29:47,407
Yeah, you've been so friendly
my cockles are overheating.
Jimmy.
443
00:29:47,474 --> 00:29:50,474
Ready for trial, Judge.
444
00:29:50,540 --> 00:29:54,607
[ Door Opens ]
445
00:29:54,674 --> 00:29:57,607
Your threats are on record,
Miguel.
446
00:29:57,674 --> 00:29:59,840
I may not have enough
to hold you,
447
00:29:59,907 --> 00:30:02,107
but if Rebecca Washington
catches a cold,
I'll send the boys.
448
00:30:04,307 --> 00:30:07,207
Look at me now
or you go to lock-up.
449
00:30:07,274 --> 00:30:10,407
- For what?
- For fun. Mine.
450
00:30:10,474 --> 00:30:12,307
You don't go near her.
You don't talk to her.
451
00:30:12,374 --> 00:30:15,507
Even breathe in her direction,
and I'll book you on assault.
452
00:30:15,574 --> 00:30:18,707
And if you think I'm kidding,
you're every bit as stupid
as you look.
453
00:30:20,840 --> 00:30:25,474
- You want my home address now?
- [ Laughs ]
454
00:30:25,540 --> 00:30:27,707
Uncuff him
and get him out of here.
455
00:30:29,407 --> 00:30:31,840
[ Handcuffs Rattling ]
456
00:30:31,907 --> 00:30:34,107
[ Sighs ]
457
00:30:35,707 --> 00:30:40,540
She wasn't cross-examined
up there, was she?
458
00:30:48,174 --> 00:30:51,840
So what does that mean,
"She wasn't cross-examined"?
459
00:30:54,174 --> 00:30:57,474
It means if anything should
happen to you between now
and the trial,
460
00:30:57,540 --> 00:31:02,707
the D.A. wouldn't be able
to use today's testimony
as evidence against Moreno.
461
00:31:02,774 --> 00:31:05,074
What are you talking about?
462
00:31:05,140 --> 00:31:09,707
Prior testimony isn't
admissible unless it was
subject to cross-examination.
463
00:31:09,774 --> 00:31:14,174
You'd have
to testify at the trial
to put Luis Moreno away.
464
00:31:14,240 --> 00:31:17,040
If you weren't available
to testify,
465
00:31:17,107 --> 00:31:20,107
it's not like we could
substitute today's testimony.
466
00:31:21,640 --> 00:31:24,874
Because I wasn't cross-examined.
467
00:31:24,940 --> 00:31:28,374
Basically.
468
00:31:28,440 --> 00:31:30,574
Is that why I wasn't
cross-examined?
469
00:31:30,640 --> 00:31:36,107
So if I show up dead,my testimony doesn't count?
470
00:31:37,707 --> 00:31:41,107
I can't prove that.
But usually,
471
00:31:41,174 --> 00:31:44,407
defense attorneys cross-examine
forever at probable cause
hearings.
472
00:31:44,474 --> 00:31:46,407
It's free discovery.
473
00:31:46,474 --> 00:31:51,907
Rebecca, I'm going to assign
a unit to stay with you, okay?
Oh, come on.
474
00:31:51,974 --> 00:31:55,807
They'll park outside
your house, your office,
and take you back and forth.
475
00:31:56,974 --> 00:31:59,440
[ Door Opens, Closes ]
476
00:32:08,840 --> 00:32:11,773
All right, here we are.On the doorstep.
477
00:32:11,840 --> 00:32:13,873
Now, you have11 named plaintiffs,including children,
478
00:32:13,940 --> 00:32:16,506
so let's assume the court allows
you to add the other two,
479
00:32:16,573 --> 00:32:18,706
that brings
the number to 13.
480
00:32:18,773 --> 00:32:21,673
Now, we've run the numbers--
Time, expert testimony, costs--
481
00:32:21,740 --> 00:32:26,073
We put a figure of
$496,000 on the trial.
482
00:32:26,140 --> 00:32:29,073
[ Sighs ] Boston Power,
obviously, isn't gonna be
thrilled with that.
483
00:32:29,140 --> 00:32:32,173
Shave off a hundred,
I think I can make 'em bite.
484
00:32:32,240 --> 00:32:36,540
That's three-nine-six.
That's $30,000 per plaintiff.
485
00:32:37,940 --> 00:32:39,273
No admission of any liability.
486
00:32:39,340 --> 00:32:42,040
And the settlement
is to stay sealed...
487
00:32:42,106 --> 00:32:44,840
with the exception that
you put out a release
to the effect that,
488
00:32:44,906 --> 00:32:47,740
"Well, we thought it would
be best to settle since
we couldn't prove causation."
489
00:32:47,806 --> 00:32:52,040
So in other words, you'll give
us the money if we acknowledge
we had no case.
490
00:32:52,106 --> 00:32:54,206
That's it.
491
00:32:54,273 --> 00:32:57,740
Thirty's low for cancer,
especially since two of the
plaintiffs are terminal.
492
00:32:57,806 --> 00:33:01,373
Low, but realistic
under the circumstances.
I don't disagree.
493
00:33:01,440 --> 00:33:05,206
But for cancer and silence--
Silence is much more expensive.
494
00:33:05,273 --> 00:33:07,440
You have a number?
I would at least double it.
495
00:33:07,506 --> 00:33:09,673
Add to that our press release
that we had no case,
496
00:33:09,740 --> 00:33:11,706
that's a pretty big chip,
we all know that.
497
00:33:11,773 --> 00:33:14,206
And that helps send
a message to those would-be
plaintiffs out there...
498
00:33:14,273 --> 00:33:17,673
"Hey, you'd better forget about
it." So, let's just say
conservatively,
499
00:33:17,740 --> 00:33:21,773
it prevents three future
lawsuits-- and that is
conservative--
500
00:33:21,840 --> 00:33:25,240
and let's put a price tag
of 400,000 on each one
of those trials--
501
00:33:25,306 --> 00:33:28,806
No, no, no. Come on.
It wouldn't be that much.
The start-up work is done.
502
00:33:28,873 --> 00:33:32,106
I discounted that already.
You got a number close to five
for the trial alone.
503
00:33:32,173 --> 00:33:35,306
I'm putting four on the whole
thing, start-up included,
discovery included. Four's low.
504
00:33:35,373 --> 00:33:38,273
It's three trials at four.
It's 1.2 million.
505
00:33:38,340 --> 00:33:40,506
Mm-hmm.
That would be our number.
506
00:33:40,573 --> 00:33:42,873
Well, I'm telling you,
they won't pay that much.
507
00:33:42,940 --> 00:33:46,073
I mean, they have no real fear
of losing, so why should they?
508
00:33:46,140 --> 00:33:48,840
They certainly have a fear
of being sued. This press
release would be gold.
509
00:33:48,906 --> 00:33:51,740
Well, from a major firm,
maybe. But from this one, I--
I don't know.
510
00:33:54,940 --> 00:33:58,273
This is the firm that took
a tobacco company
for one-seven.
511
00:33:58,340 --> 00:34:00,673
You've been underestimating us
from the start, Mr. West.
512
00:34:00,740 --> 00:34:02,773
Are you sure you want to keep
doing that?
513
00:34:11,040 --> 00:34:14,540
Bec. Could you contact
all the clients and see
if they can come in?
514
00:34:14,606 --> 00:34:17,440
- We may have an offer.
- You're kidding?
515
00:34:17,506 --> 00:34:21,006
Nothin' official yet,
but by the time he leaves,
we'll have a number.
516
00:34:21,073 --> 00:34:25,940
- Jimmy.
- Yeah. I know.
517
00:34:26,006 --> 00:34:28,506
[ Gasps ]
518
00:34:31,673 --> 00:34:34,506
What?
519
00:34:37,040 --> 00:34:40,406
Dead pigeon.
520
00:34:40,473 --> 00:34:43,773
How could he have
gotten in here?
521
00:34:45,773 --> 00:34:47,973
Okay.
Okay, what?
522
00:34:48,040 --> 00:34:49,973
Go, Bobby. Leave.
Helen--
523
00:34:50,040 --> 00:34:53,406
Two cops are on their way
to my office. I don't want them
thinking this is a favor.
524
00:34:53,473 --> 00:34:55,473
Remember, you're off
the Christmas card list.
525
00:34:56,773 --> 00:34:59,640
- They're here.
- Oh, great.
526
00:35:00,906 --> 00:35:03,540
Stay here.
527
00:35:04,940 --> 00:35:07,406
[ Door Slams ]
528
00:35:07,473 --> 00:35:11,040
He's killed before.
We also suspect him
in a police shooting,
529
00:35:11,106 --> 00:35:13,873
the one that paralyzed
Officer Camden.
530
00:35:13,940 --> 00:35:15,806
What do you want us to do?
531
00:35:15,873 --> 00:35:19,706
Here's his home address.
Follow him.
If he jaywalks, bust him.
532
00:35:19,773 --> 00:35:21,773
Now, we're told he carries.
533
00:35:21,840 --> 00:35:25,840
So, you'll have to use
your judgment. Am I clear?
534
00:35:25,906 --> 00:35:28,806
Yep.
Thanks.
535
00:35:28,873 --> 00:35:31,973
I'll owe you one.
536
00:35:32,040 --> 00:35:35,573
We are very excited.
Very.
537
00:35:35,640 --> 00:35:41,340
They've offered us a package
of $995,000.
538
00:35:41,406 --> 00:35:43,740
[ Sighs ]
That's almosta million dollars.
539
00:35:43,806 --> 00:35:45,973
We consider it fantastic.
540
00:35:46,040 --> 00:35:49,440
We still think we can wiggle it
up over a million, but that's
pretty much the ballpark.
541
00:35:49,506 --> 00:35:52,240
That comes to roughly
$76,000 per person.
542
00:35:52,306 --> 00:35:55,440
It's a structured deal,which means it's not allpayable up front,
543
00:35:55,506 --> 00:35:58,006
but it's all payable
within six months.
544
00:35:58,073 --> 00:36:01,106
This is unbelievable.Last week theyoffered nothing.
545
00:36:01,173 --> 00:36:05,406
The cost of an actual trial
and with the slightest
possibility they could lose--
546
00:36:05,473 --> 00:36:09,073
Kevin, I think your deposition
put the fear of God in them.
547
00:36:09,140 --> 00:36:13,540
Zero to a million in a week.
Let's string it out
another week.
548
00:36:13,606 --> 00:36:16,840
- [ Laughter ]
- Okay, now for
a few of the conditions.
549
00:36:16,906 --> 00:36:21,073
The deal has to be sealed.
We can't talk about amount.
They don't admit liability.
550
00:36:21,140 --> 00:36:24,440
And we have to sign
a statement saying that
we didn't go to trial...
551
00:36:24,506 --> 00:36:26,740
because of the causation
problems in our case.
552
00:36:26,806 --> 00:36:29,640
These are all pretty reasonable
concessions in my opinion.
553
00:36:39,206 --> 00:36:41,906
They don't admit
they were wrong?
554
00:36:41,973 --> 00:36:45,240
No.
555
00:36:45,306 --> 00:36:48,306
Wasn't that sort of the...
point?
556
00:36:50,040 --> 00:36:52,740
May I ask something?
Sure.
557
00:36:52,806 --> 00:36:56,040
This contingency agreement,
you take one third, right?
558
00:36:56,106 --> 00:36:58,140
Yes. Plus costs.
559
00:36:58,206 --> 00:37:02,306
Nine-ninety-five, uh,
minus 330-something,
560
00:37:02,373 --> 00:37:05,006
we basically get
51,000, not 75.
561
00:37:05,073 --> 00:37:06,840
Something like that, yeah.
Mm-hmm.
562
00:37:06,906 --> 00:37:09,506
And they don't have to admit
they did anything wrong.
563
00:37:09,573 --> 00:37:14,373
And we have to make a statement
saying we can't prove our case.
564
00:37:14,440 --> 00:37:17,206
I mean, that's what,
like, uh,
565
00:37:17,273 --> 00:37:21,040
sending out a message to
everybody else, "Don't sue,
you can't win," right?
566
00:37:21,106 --> 00:37:23,506
Well, that's one way
of putting it, yes.
567
00:37:23,573 --> 00:37:27,940
And you get $330,000.
Would that be another way
to put it?
568
00:37:28,006 --> 00:37:30,373
I beg your pardon?
569
00:37:30,440 --> 00:37:35,306
I'll only speak for myself here.
I think this deal stinks.
570
00:37:35,373 --> 00:37:39,173
In fact, I think
it's offensive.
571
00:37:39,240 --> 00:37:44,440
When we came to you, did we
say anything about money,
Mr. Berluti?
572
00:37:44,506 --> 00:37:47,440
Every lawsuit is
about money, Maureen.
Not to me.
573
00:37:47,506 --> 00:37:50,840
And I don't think to the other
people in this room.
574
00:37:50,906 --> 00:37:53,840
We're dying, Ms. Frutt.
575
00:37:53,906 --> 00:37:57,273
My daughter has a tumor
in her uterus. She's nine.
576
00:38:00,773 --> 00:38:04,340
If, uh, one person rejects
the offer, it's revoked for all.
577
00:38:04,406 --> 00:38:08,773
- I reject it.
- So do I.
- So do I.
578
00:38:08,840 --> 00:38:12,740
[ Sighs ]
You two are the only ones
who win with this deal.
579
00:38:12,806 --> 00:38:17,073
You make me sick.
Hey. Please.
580
00:38:17,140 --> 00:38:21,106
Sit down, Maureen.
581
00:38:21,173 --> 00:38:25,673
Now, I suppose it's politically
incorrect to call cancer
victims a bunch of whiners.
582
00:38:25,740 --> 00:38:27,673
But let's 'fess up.
583
00:38:27,740 --> 00:38:30,706
No other lawyer would touch
this case because it's
the case that stinks.
584
00:38:30,773 --> 00:38:34,540
Did those power lines give you
cancer? My bet is yes.
585
00:38:34,606 --> 00:38:38,673
Can we prove it in
a court of law? My bet
there is a resounding, "No."
586
00:38:38,740 --> 00:38:42,173
He took this case, not because
he was greedy, but because
he felt sorry for you.
587
00:38:42,240 --> 00:38:46,273
And against all odds,
he got you an offer like this,
it's a miracle.
588
00:38:46,340 --> 00:38:51,806
Close to a million dollars,I am sorry, but that isas good as it's gonna get.
589
00:38:51,873 --> 00:38:54,940
And while you certainly have
the right to reject it,
if you do,
590
00:38:55,006 --> 00:38:57,173
I'm gonna recommend
to Bobby Donnell that we drop
you as clients.
591
00:38:57,240 --> 00:39:00,440
We're sympathetic,
but we are certainly not
gonna bankroll your rage.
592
00:39:00,506 --> 00:39:03,040
We're not asking you
to bankroll our rage.
593
00:39:03,106 --> 00:39:08,440
We understand this is
a place of business.
But to sell out--
594
00:39:08,506 --> 00:39:12,606
My daughter just celebrated
her last Christmas.
595
00:39:12,673 --> 00:39:18,040
And for them not to admit
they're wrong?
596
00:39:18,106 --> 00:39:23,640
I don't care if I screw
it up for everybody.
597
00:39:24,973 --> 00:39:27,106
I don't.
598
00:39:37,240 --> 00:39:39,406
I, uh-- [ Clears Throat ]
599
00:39:39,473 --> 00:39:43,173
I think maybe, uh,
you should all meet.
600
00:39:43,240 --> 00:39:46,573
Get Maureen, meet together...
601
00:39:46,640 --> 00:39:49,373
without Eleanor and me.
602
00:39:49,440 --> 00:39:51,506
Figure out what you want to do.
603
00:39:54,340 --> 00:39:56,506
We're all with Maureen
on this, Jimmy.
604
00:39:58,273 --> 00:40:02,406
The decision that needs to be
made seems to be yours.
605
00:40:02,473 --> 00:40:06,206
Will you continue to be our
lawyer or not?
606
00:40:11,006 --> 00:40:13,306
[ Sighs ]
607
00:40:14,473 --> 00:40:19,440
If you choose to go forward,
I'll be your lawyer.
608
00:40:19,506 --> 00:40:22,106
I can't speak
for Eleanor, but...
609
00:40:22,173 --> 00:40:25,673
I think she'll come along, too.
610
00:40:37,840 --> 00:40:40,940
Come on, Bec.
I'll walk you out.
I still have stuff to do.
611
00:40:41,006 --> 00:40:43,906
Yeah, well, I got to go to bed,
and I'm not leavin' you here.
Eugene--
612
00:40:43,973 --> 00:40:47,140
I'm not leaving you here.
613
00:40:48,206 --> 00:40:51,373
Jimmy?
Will you lock up for me?
614
00:40:51,440 --> 00:40:56,106
- Sure.
- [ Door Rattles ]
615
00:40:59,973 --> 00:41:01,806
- Get down.
- I-It could be maintenance.
616
00:41:01,873 --> 00:41:04,106
Get down.
617
00:41:06,106 --> 00:41:10,206
[ Groaning ]
618
00:41:10,273 --> 00:41:12,473
Who are you?
Helms.
619
00:41:13,906 --> 00:41:16,773
- Joel Helms.
- Mr. Helms!
620
00:41:16,840 --> 00:41:20,106
G-Get him up.
621
00:41:26,973 --> 00:41:30,440
Nice.
What can I do for you?
622
00:41:30,506 --> 00:41:33,540
Probably about as much
as I can do for you.
623
00:41:33,606 --> 00:41:37,040
- He's sauced.
- Hmm? Does that mean drunk?
I certainly am.
624
00:41:37,106 --> 00:41:41,273
[ Laughs ]
625
00:41:41,340 --> 00:41:43,773
But I'll be sober
in the morning.
626
00:41:43,840 --> 00:41:46,573
Thank you.
627
00:41:46,640 --> 00:41:50,640
If you have any coffee,
you might want to start
preppin' me now.
628
00:41:52,740 --> 00:41:58,106
I don't know, Lindsay.
I mean if he's really serious
about trying this case.
629
00:41:58,173 --> 00:42:02,140
You should be the one to do it.
630
00:42:02,206 --> 00:42:04,873
How much more money
can we afford to lose?
631
00:42:04,940 --> 00:42:07,173
[ Lindsay ]
You really want
three lawyers on it?
632
00:42:07,240 --> 00:42:09,573
No, but--
[ Loud Kissing ]
633
00:42:09,640 --> 00:42:11,140
What was that?
What?
634
00:42:11,206 --> 00:42:14,373
It sounds like a kiss.
Is that you, Helen?
635
00:42:17,606 --> 00:42:21,673
Yes, it's me.
Want to come over and join?
Funny.
636
00:42:21,740 --> 00:42:25,373
[ Laughs ]
[ Ringing ]
637
00:42:29,273 --> 00:42:31,506
11:30.
Better be good.
638
00:42:33,106 --> 00:42:36,240
[ Sirens ]
639
00:42:47,140 --> 00:42:50,540
[ Chattering ]
640
00:43:00,140 --> 00:43:04,940
Helen?
What happened?
641
00:43:05,006 --> 00:43:09,240
The brother.
Officers approached. Evidently,
he went for his weapon.
642
00:43:09,306 --> 00:43:12,706
They opened fire.
643
00:43:12,773 --> 00:43:15,373
[ Camera Shutter Clicking ]
644
00:43:15,440 --> 00:43:19,773
- Did he have a gun?
- He did.
645
00:43:19,840 --> 00:43:23,440
They said they were following
him at your request.
646
00:43:23,506 --> 00:43:26,240
That's right.
647
00:43:27,873 --> 00:43:29,773
Well, it looks justified.
648
00:43:32,240 --> 00:43:35,506
I guess that witness will
sleep better now, huh?
649
00:43:37,706 --> 00:43:40,806
Yeah. Okay.
650
00:43:40,873 --> 00:43:43,106
Nothing much for me here.
651
00:43:43,973 --> 00:43:45,940
Nope.
652
00:43:46,006 --> 00:43:50,373
[ Thunderclap ]
653
00:44:20,873 --> 00:44:24,273
[ Woman ]
You stinker!
57480
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